QUALIFICATION

SENATE HOUSE OF REPRESENTATIVE

Basis
Article VI sec 3 of 1987 constitution Article VI sec 6 of 1987 constitution

“No person shall be a Senator unless he is a natural-born
citizen of the Philippines and, on the day of the election, is
at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not
less than two years immediately preceding the day of the
election.”
“No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in
the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately
preceding the day of the election.”

Summary of Qualifications
1. Natural-born Citizen of the Philippines
2. At least 35 years of age on the day of election
3. Able to read and write
4. A Registered Voter
5. A resident of the Philippines for not less than 2 years
immediately preceding the day of election.
1. Natural-born Citizen of the Philippines
2. At least 25 years of age on the day of election
3. Able to read and write
4. Except for a party-list representative, a registered voter in
the district in which he shall be elected
5. A resident thereof for a period of not less than one year
immediately preceding the day of election

Natural-born Citizen

Concept:
- In order to further understand the concept of Natural-born citizen, it would be better to define citizenship. Citizenship is a
term denoting membership of a citizen in a political society, which membership implies reciprocally, a duty of allegiance on
the part of the member and duty of protection as a part of a state. Citizens of a certain country may enjoy full civil and
political privileges.
 - 2 general ways of acquiring citizenship:
• Involuntary
§ By birth, because of blood relationship or place of birth;
§ Natural born citizen

• Voluntary
§ By naturalization, except in the cases of collective naturalization in a certain territory which happens when it
is ceded by one state to another as a result of conquest
§ Naturalized citizen
- 2 principles that govern citizenship by birth:
§ Jus sanguinis – the basis for this rule is the blood relationship. The children follow the citizenship of parents
or one of them. This is considered as the predominating principle in the Philippines.
§ Jus soli or Jus loci – Place of birth serve as the basis for acquiring the citizenship. A person becomes a citizen
of the place where he was born irrespective of the citizenship of the parents. This principle prevails in the US.

Q: May a person of dual citizenship run for Senate?

A: Yes, because what the law disallows is dual allegiance, which is inimical to national interest. When a person has dual citizenship,
he is a citizen of two different countries by virtue of two different laws governing in said countries. For example, X has Filipino
parents and was born in the United States. By virtue of jus sanguinis (citizenship by blood), he is a citizen of the Philippines. But
since he was born in the United States, he is also considered as a citizen there because the United States follows jus soli (citizenship
by place of birth). It was never his fault to be in that kind of situation. What the Constitution abhors is a situation wherein, a Filipino
citizen has made an oath of allegiance with a foreign country and has become a citizen of such country, yet, maintains his or her
Filipino citizenship.

In the case of Edu Manzano,

- the Commission on Elections (Comelec) cancelled the Certificate of Candidacy (COC) of actor Edu Manzano, who is a candidate
for congressman for the lone district of the City of San Juan.
- born both a Filipino and an American citizen, failed to re-acquire his Filipino citizenship at the time he filed his COC
- He lost his Filipino citizenship when he served as a member of the United States Army
 - C.A. No. 63 is clear and explicit in stating that by rendering service to, or accepting commission in, the armed forces of a foreign
country, a Filipino will lose his Philippine citizenship

In the case of Maquiling vs. COMELEC,

- A candidate who renunciates his American citizenship prior to running as a public officer but continued to use his American
passport was disqualified. By doing such act, he was considered to have recanted his oath of renunciation of his foreign
citizenship and shall therefore be ineligible to run for a elective office.
- the use of a passport is a positive declaration that one is a citizen of the country which issued the passport, or that a passport
proves that the country which issued it recognizes the person named therein as its national.
- if dual citizens who wish to run for public office are allowed to renounce their foreign citizenship and afterwards continue
using their foreign passports, we are creating a special privilege for these dual citizens, thereby effectively junking the
prohibition in Section 40(d) of the Local Government Code.

Section 40(d) of the Local Government Code disqualifies those with dual citizenship from running for local elective positions. It
must be stressed that what is at stake here is the principle that only those who are exclusively Filipinos are qualified to run for
public office.

As a rule:
§ Senators and Members of the house of the representatives must be a NATURAL-BORN citizens not only at the time of
election but during their entire tenure.
§ If the legislator will be naturalized in a foreign country during his term, he shall step down from his position or seat
§ The reason for this is that: Being a natural born citizen is a continuing requirement from running, upto being a member of
the congress.

Legal basis: Article IV sections 1 to 5

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of
majority; and
 4. Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they
are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Residence
A resident of the Philippines for not less than 2 years A resident thereof for a period of not less than one year
immediately immediately preceding the day of election

§ Defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning.
§ In Political sense, residence doesn’t mean the actual dwelling or habitation. It is more synonymous to domicile.
§ Domicile is a legal residence which denotes permanent residence to which, whenever absent for business, pleasure, or some
other reasons, one intends to return.
§ There are 3 rules which governs the domicile of a person
» That a man must have a residence or domicile somewhere;
» When one established a domicile, it remains until a new one is acquired;
» A man can have but one residence or domicile at a time. 1 person, 1 residence. Acquiring a new residence
would forfeit the old one.

Cases:
In the case of Romualdez-Marcos vs COMELEC, it was held that:

» Minor follows domicile of parents.

» Wife does not automatically gain husband’s domicile.
» Domicile of origin is lost only when there is:

• Actual removal or change of domicile;

• Bona fide intention of abandoning the former residence and establishing a new one;
• Acts which corresponds with the purpose. (An intention to remain there (Animus manendi) An intention to
abandon the old domicile (Animus non revertendi)

In the case of Poe-llamanzares vs. COMELEC

§ There are 3 requisites to acquire a new domicile
» Residence or bodily presence to acquire a new domicile
» An intention to remain there (Animus manendi)
» An intention to abandon the old domicile (Animus non revertendi)

Considerations for a certain area to be considered as residence of a certain locality:

1. Dwelling place- one must have a dwelling place regardless of its modesty and ownership. Note that a mere purchase of
parcel of land in a certain locality would not make you a resident of that place
2. The law does not require the person to be in his home 24 hrs a day and 7 days a week to fulfill his residency requirement.
3. Property ownership is also not a requirement for a person to be considered as a resident of a certain place.

Age
At least 35 years of age on the day of election At least 25 years of age on the day of election

- Age requirement stated in article IV sections 3 and 6 must be when possessed by the candidate on the day of elections, that
is, when the polls are opened and the votes are cast; not on the day of the proclamation of winners by the board of
canvassers.
- In the case of Espinosa vs. Aquino, the age requirement for a senate candidate was exemplified. Benigno Aquino Jr. ran for
a position in the senate. Back then he was less than 35 years of age on the day of election but celebrated his 35th birthday
before his proclamation as one of the winners. Therefore, he was considered unfit to be proclaimed as such.
Registered Voter
Can be registered anywhere in the country since a senator is a Except for a party-list representative, district representative
national officer aspirants must be a registered voter in the district which he shall
be elected

Note:
§ Currently, our country is divided into 253 congressional
districts. With each one representing 250,000 people
§ For a party-list representative, he may be a registered
voter anywhere in the country but must be a member of
his party or organization for at least 90 days preceding
the day of election.
Concept:
- A registered voter is one who has all the qualifications for a voter and none of the disqualifications provided by law and who
has registered himself in the list of voters.

- Qualifications of being a voter: (Article V section 1)

“Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to
vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.”

- Disqualification: (Omnibus code Section 118)

“The following shall be disqualified from voting:

(a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability
not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote
under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.

(b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and
firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with
law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence.
 (c) Insane or incompetent persons as declared by competent authority.”
Literacy
Concept:
- Being able to read and write
- Since this was not prescribed in the provision under suffrage, it is being prescribed to those who wishes to run for a public
position.
- Under the principle of a certain latin maxim, which means the express mention of one thing excludes everything, the
congress cannot provide additional qualifications to what was being stated in art IV sec 3 and 6.
- So it would be unconstitutional if the congress will provide an additional statutory requirement of a college degree when
running a seat for the senate or house of representative.