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LECTURE VI

Philippine Politics and Governance

Branches of Government

a. Legislative Department – Senate and House of Representatives

b. Executive Department – President and his Cabinet

c. Judiciary Department – Supreme Court and other lower courts

The Legislative Department

Article VI, 1987 Philippine Constitution

Section 1 – The legislative power shall be vested in the Congress of the Philippines which shall consists

of a Senate and a House of Representatives.

Legislative power – refers to power to make laws, and subsequently, to alter and repeal them.

Section 2 – The Senate shall be composed of 24 senators.

Section 3 – 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.

Section 4 – The term of office of the senators shall be six years…No senator shall serve for more than

two consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for which he was

elected.

Section 5 – The House of Representatives shall be composed of not more than two hundred and fifty

members…who shall be elected from legislative districts. The Party-list representatives shall

constitute twenty per centum of the total number of representatives – labor, peasant, urban poor,

indigenous cultural communities, women, youth, and such other sectors as they may be provided by

law.

Two Kinds of Members of House of Representatives

1. District Representative – elected directly and personally from the territorial unit he is seeking to

represent.

2. Party-list Representative – chosen indirectly through the party he represents which is the one voted

for by the electorate.

Section 6 – 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 for 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.

Section 7 – The Members of the House of Representatives shall be elected for a term of three years.

No member of the House of Representatives shall serve for more than three consecutive terms.

Section 11 – A Senator or Member of the House of Representatives shall, in all offenses not

punishable by not more than six years imprisonment, be privileged from arrest while the Congress is
in session. No member shall be questioned nor be held liable in any other place for any speech or

debate in the Congress or in any committee thereof.

Freedom from Arrest

Offenses punishable by not more than six years imprisonment

While Congress is in session

Freedom of Speech and Debate

Remarks must be made in connection with the discharge of official duties

While Congress is in session

Section 12 – All Members of the Senate and the House of Representatives shall, upon the assumption

of office, make a full disclosure of their financial and business interest. They shall notify the House

concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of

which they are authors.

Section 13 – No Senator or Member of the House of Representatives may hold any other office or

employment in the Government…during his term without forfeiting his seat. Neither shall he be

appointed to any office which may have been created nor the emoluments thereof increased during

the term for which he was selected.

Incompatible office – the office which is not held by a member of a Congress outside the legislative

department. There is a need for members to devote their time and attention to the discharge of their

legal responsibilities.
Forbidden office – the office which a member of a Congress may not be a beneficiary because of being

a participant when said office was created. Hence, a member of Congress shall not be eligible for

appointment to such office even if he resigns.

Section 15 – The Congress shall convene once every year on the fourth Monday of July for its regular

session, and shall continue to be in session for such number of days as it may determine until thirty

days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal

holidays. The President may call a special session at any time.

Section 16

1. The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote

of all its respective Members.

2. A majority of each house shall constitute a quorum to do business.

3. Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,

and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of

suspension, when imposed, shall not exceed sixty days.

4. Each House shall keep a Journal of its proceedings, and from time to time publish the same,

excepting such parts as may, in its judgment, affect national security.

Quorum – Some membership which is competent to transact its business; is. At least, one-half

plus one of the members of a body

Legislative journal – the official record of what is done and passed in a legislative assembly

and the proceedings occurred from day to day.


Section 17 – The Senate and the House of Representatives shall each have an Electoral Tribunal which

shall be the sole judge of all contests relating to the election, returns, and qualifications of their

respective Members…

Section 18 – There shall be a Commission on Appointments…shall act on all appointments submitted

to it.

Section 21 – The Senate or the House of Representatives or any of its respective committees may

conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The

rights of persons appearing in or affected by such inquiries shall be respected.

Section 26 – No bill passed by either House shall become a law unless it has passed three readings on

separate days, and printed copies thereof in its final form have been distributed to its Members three

days before its passage…Upon the last reading of a bill, no amendment to it shall be allowed, and the

vote thereon shall be taken immediately after that, and the yeas and nays entered in the Journal.

Steps in the Passage of a Bill

First Reading – reading of the number, title of the measure and name of the author

Second Reading – the bill is read in its entirety, scrutinized, debated upon and amended when desired

Third Reading – Members merely register their votes and explain them. No further debate is allowed

Section 27 – Every bill passed by the Congress shall, before it becomes law, be presented to the

President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same

with his objections to the House where it originated, which shall enter the objections at large on its

Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of

such House shall agree to pass the bill, it shall be sent…to the other house by which it shall likewise be

reconsidered, and if approved by two-thirds of all the Members of that House, it shall become law.
The President shall communicate his veto of any bill to the House where it originated within thirty

days after the date of receipt thereof; otherwise, it shall become law as if he had signed it.

Three Ways when a Bill may become a Law

1. When the President approves the bill by signing it.

2. When the President vetoes the bill and the same is overridden by 2/3 votes of all the members of

both Houses.

3. When the President does not communicate his veto within 30 days after the date of receipt.

The Law

A body of rules of conduct or action, prescribed by a compelling authority which the people must

follow and obey subject to legal sanctions and consequences in case of violation.

Types of Laws

1. Constitution – it is the fundamental or the supreme law of the land.

2. Statute – This is law passed by Congress

3. Jurisprudence – this is law composed of decisions promulgated by the Supreme Court.

4, Treaties – this is agreement entered between and among the Philippines and other States or other

entities.

5. Ordinances – this is passed by local government.

LECTURE VII

Philippine Politics and Governance


The Executive Department

Article VII of the 1987 Philippine Constitution

Section 1. The executive power shall be vested in the President of the Philippines.

Executive Power – power to administer laws, carry them into practical operation and enforce their

due observance.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a

registered voter, able to read and write, at least forty years of age on the day of the election, and a

resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President, who shall have the same qualifications and term of office be

elected with and in the same manner as the President. He may be removed from office in the same

manner as the President.

Section 4. The President and the Vice-President shall be elected…for a term of six years. The President

shall not be eligible for any reelection. No person who has succeeded as President and has served as

such for more than four years shall be qualified for election to the same office at any time. No Vice-

President shall serve for more than two consecutive terms. The Supreme Court…shall be the sole

judge of all contests relating to the election…of the President and the Vice-President.

Term of Office – refers to the period during which an officer may claim to hold the office as a matter of

right.

Tenure of Office – the period during which the incumbent holds the position.
Section 8. In the case of death, permanent disability, removal from office, or resignation of the

President, the Vice-President shall become the President to serve the unexpired term. In the case of

death, permanent disability, removal from office, or resignation of both the President and the Vice-

President, the President of the Senate or, in the case of his inability, the Speaker of the House of

Representatives, shall then act as President until the President or Vice President shall have been

elected and qualified.

Section 9. Whenever there is vacancy in the Office of the Vice-President during the term for which he

was elected, the President shall nominate a Vice-President from among the Members of the Senate

and the House of Representatives…

Section 10. The Congress shall…after the vacancy in the office of the President and VP occurs,

convene…and enact a law calling for a special election to elect a President and VP.

Section 16. The President shall nominate and, with the Consent of the Commission on Appointments,

appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or

officers of the armed forces from the rank of colonel or naval captain, and other officers whose

appointments are vested in him In this Constitution.

Appointment – is the act of designation by the executive officer of the individual who is to exercise

the functions of a given office.

Although the Constitution contains no provision expressly vesting in the President the power to

remove executive officials from their posts, he still has the removal power as it is implied from his

appointing power.

Section 17. The President shall have control of all the Executive departments, bureaus, and offices. He

shall ensure that the laws be faithfully executed.


Control power – President may alter or modify or set aside actions of subordinate officers. He also has

the authority to supervise, investigate, suspend or remove erring officers.

Section 18. The President shall be the Commander in Chief of all armed forces of the Philippines, and

whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless

violence, invasion or rebellion. He may, suspend the privilege of the writ of habeas corpus or place the

Philippines or any part thereof under martial law.

Restrictions on the President’s Power to declare Martial law:

There must be an invasion or rebellion and public safety requires the proclamation or suspension;

The duration shall not exceed 60 days unless extended by the Congress;

The President must submit a report to Congress (in person or in writing) within 48 hours after the

declaration or suspension;

The declaration may be revoked by majority vote of all the members of the Congress voting jointly;

The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation.

Section 19. The President may grant reprieves, commutations and pardons…

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members

of the Congress.

1. Reprieve is the postponement of the execution of a death sentence.

2. Commutation is reduction of the sentence imposed for a lesser punishment.

3. Pardon is an act of grace which exempts the individual from the punishment the law inflicts for a

crime he has committed.


4. Remission – is a condonation of the financial obligation and the return of properties confiscated by

reason of the commission of the offense and conviction of the offender.

5. Amnesty is an act of a sovereign power granting a general pardon for a past offense usually granted

in favor of a certain class of persons which have committed crimes of a political character. When one

is granted amnesty, it is like he has not committed any offense.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at

least two-thirds of all the Members of the Senate.

Section 23. The President shall address the Congress at the opening of its regular session. He may also

appear before it at any other time. Section 23 gives an opportunity to the President to give

information on the “state of the nation” and to recommend such measures to the legislature as he

may deem necessary and proper.

LECTURE VIII

Philippine Politics and Governance

The Judicial Department

Article VIII of the 1987 Philippine Constitution

Section 1 – the Judicial power will be vested in the Supreme Court and all lower courts

Supreme Court – is the highest court in the land. The final arbiter of controversies and disputes

brought by the parties to the courts of law.


Judicial power – the power to apply the laws to contests or disputes concerning legally recognized

rights and duties between the state and private persons, or to individual litigants in cases properly

brought before judicial tribunals.

Entails two activities:

1. Settling legal controversies

2. Determining whether there has been grave abuse of discretion amounting to lack or excess of

jurisdiction by any branch of government.

Scope of Judicial power

Adjudicating power – the power to settle legal disputes

Power of Judicial review – refers to the power of the Supreme Court to interpret and make

judgements with respect to the law.

Incidental powers – powers necessary for the discharge of the judicial function

Three Kinds of Courts in the country:

1. Supreme Court – the highest court in the land

2. Regular Court – Appellate Court, Regional Trial Court, etc.

3. Quasi-judicial Bodies – NLRC, SEC, etc

Composition of the Supreme Court

One Chief Justice


Fourteen Associate Justicesi

Qualifications:

A. Justices of the Supreme Courtl

- at least 40 years old

- 15 years or more as a judge of a lower court or engaged in the practice of law in the Philippines

- must be a person of proven competence, integrity, probity and independence.

B. Judges of the Lower Courts

- a citizen of the Philippines

- a member of the Philippine Bar

- must be a person of proven competence, integrity, probity and independence

Tenure of Office

Members of the Supreme Court (SC) and judges of the lower courts shall enjoy their office during good

behavior

Members of the SC shall enjoy the position until they are removed in the long and complicated

process of impeachment

Hold office until they reached 70 years or become incapacitated

Until dismissed by members of the SC for a probable cause


Powers of the Supreme Court

1. Cases involving ambassadors and public ministers. Petition for certiorari, mandamus, quo

warranto, prohibition, and habeas corpus

Certiorari – individual action; a writ issued by a superior court requiring a lower court or a board of

office exercising judicial function to transmit the records of a case to the higher tribunal for purposes

of review.

Prohibition – a written order by which a superior court commands a lower court or a corporation

board, or a person to desist from further proceedings in action or matter.

Mandamus – an order issued by a high court commanding a lower court or a corporation board, or a

person to perform a certain act, which is its duty to do. It orders a compliance or performance of an

act.

Quo warranto – an action by the government to recover an office or franchise from an individual or

corporation usurping or unlawfully holding it.

2. Review judgments of lower courts. Cases involving constitutionality, legality of any tax, reclusion

perpetua and errors on questions of law

3. Assignment of judges to the lower courts

4. Order a change of venue for a trial

5. Promulgate rules of court

6. Appoint officials of the judiciary and hire employees for the judicial branch
Judicial and Bar Council – tasked to nominate appointees to the judiciary

Composition

1. Chief Justice

2. Secretary of Justice

3. Representative from Congress

4. IBP representative

5. Professor of Law

6. Private Sector Representative

Rendering Court Decisions

1. Once a decision is reached, an SC Justice is assigned to write an opinion.

2. The opinion is certified by the Chief Justice and served on the parties concerned.

3. Dissentions and abstentions must be explained.

4. The view must explain facts of law.

Special Courts

1. Court of Tax Appeal – It has exclusive jurisdiction over tax appealed by private citizens and

commercial firms who protect the amount of taxes imposed.

2. Sandiganbayan – It decides cases involving graft and corruption by government and employee.
3. Ombudsman – Investigates cases of graft and corruption. Otherwise known as Tanodbayan.

LECTURE IX

Philippine Politics and Governance

Decentralization and Local Governance

Local Autonomy – it refers to self-governing. It is also the granting of more powers, authority,

responsibilities and resources by the national government to local government units in order to be

self-reliant and active partners.

Decentralization – It is transfer of power and authority from central institution to lower or local levels

of a government system.

Forms of Decentralization

1. Devolution – It is the transfer of power and authority from the national government to local

government units (LGUs). It is seen as political and territorial.

2. Deconcentration – It is the transfer of power, authority or responsibility or the discretion to plan,

decide and manage from central to local levels; administrative and sectoral.

3. Debureaucratization – It is the transfer of some public functions and responsibilities, which

government may perform, to private entities or non-government organizations (NGOs).

Aims of the Local Government Code 1991


1. To transform LGUs into self-reliant communities and active partners in nation-building by giving

them more powers, authority, responsibilities and resources.

2. Hopes to achieve economic development at the regional and local levels by giving more freedom in

carrying out their programs that are suitable for their areas.

Devolved Functions to LGUs

1.Community-based poetry

2. Field health and hospital services

3. School building program

4. Telecommunications

5. Social welfare services

6. Tourism

7. Public works

8. Housing

9. Agricultural extension

10. Others like investment support

Devolved Regulatory powers

1. Reclassification of agricultural lands


2. Enforcement of environmental laws

3. Inspection of food products and quarantine

4. Enforcement of national building code

5. Operation of tricycles

6. Processing and approval of subdivision plans

7. Establishment of cockpits

Composition of the Local Government

1. Province – intermediate unit is providing supervision to the municipalities and component cities

and under it and performing services for the national government.

2. Cities and Municipalities – basic units of the local government delivering services for the people

who live together in a community.

3. Barangay – sub-municipal unit, which provides for face-to-face interaction among the people.

The Functions and Powers of Head of Provinces, Municipalities, Cities and Barangays

1. Exercise general supervision and control over all programs, projects.

2. Enforce all laws and ordinances and the exercise of its corporate powers.

3. Initiate and maximize the generation of resources and revenues, and apply the same to the

implementation of development plans, program objectives, and priorities.


4. Ensure the delivery of basic services and the provision of adequate facilities.

5. Exercise such other powers and perform such other duties and functions as may be prescribed by

law.

LECTURE X

Philippine Politics and Governance

Suffrage, Election, and Political Parties

Suffrage – It is the right and obligation to vote of qualified citizens in the election of public officers.

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.

Views on Suffrage:

1. A mere privilege – suffrage is not a natural right but merely a privilege to be given or withheld by

the law.

2. A political right – suffrage enables a citizen to participate in the process of government.

Theories on Suffrage
1. The Natural Right Theory – This theory claims that the right to vote is a natural and inherited right

to every citizen.

2. The Legal Theory – According to this theory, suffrage is not a natural right, but a political right

granted by the law of the state. Voting is a public function.

3. The Ethical Theory – it considers the right to vote as a means of self-expression of the individual in

political affairs.

4. The Tribal Theory – Only people who were accorded citizenship status could vote.

5. The Feudal Theory – It claims that the right to vote depends on a particular social status i.e.

ownership of land.

Types of Vote

1. One man One vote – the voter is entitled to one and only one vote.

2. Single Transferable vote – the voter has only one vote but he make his priority like 1, 2, 3, etc

3. Plural voting – a voter is entitled to one vote for every qualification he possesses.

4. Open ballot – the voters raise their hands to support a candidate.

5. Secret ballot – the voter casts his vote for a candidate, without the knowledge of another person.

Scope of Suffrage

1. Election – means by which people choose their officials.


2. Plebiscite – it is the vote of the people expressing their choice for or against a proposed law

submitted to them.

3. Referendum – is the submission of a law passed by the legislative body to the people for their

ratification or rejection.

4. Initiative – is a method in which people directly propose and enact laws.

5. Recall – a method by which an elective official may be removed from office during his tenure.

Age Qualification – this is based on the assumption that under a certain age, human beings have the

maturity, experience, education and sense of judgement that will enable them to vote with a

reasonable degree of intelligence.

Residence Qualification – this is to give reasonable period within which a person can familiarize

himself with the needs and conditions and the personalities of the nation and locality.

Persons Disqualified to Vote

1. Those who have been sentence to suffer imprisonment for not less than one year.

2. Those who committed any crime involving disloyalty to the government such as rebellion and

sedition.

3. Those declared as insane or incompetent person.

Section 2
The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a

system for absentee voting by qualified Filipinos abroad.

The Congress shall also design procedure for the physically challenged and the illiterates to vote

without the assistance of other persons.

Secrecy and Sanctity of the Ballot

This is to insure that the voters shall exercise their right to freely, uninfluenced by threats,

intimidation or corrupt motives and to secure a fair and honest count of the ballots.

Absentee Voting

Filipinos who, by force of circumstances, have temporarily work and reside abroad but maintain their

love and loyalty to their native land are still part of our Republic; they are also affected by the quality

of public officials and policies of the government.

Party System

It is referred to as the interactions of parties with each other. It could be said that the life of political

system depends on the kind of party system it has.

Classification of Party System

1. The two-party system – it is a system wherein the major political parties alternate with each other

in the exercise of political power.

2. The multi-party system – more than two political parties fight in an election, and no single party

gets the majority control of power.

- parties may become identified as either:


a. leftist party – is the reform-minded party which seeks to change the existing condition,

b. rightist party – is a conservative group which aims to maintain the status quo.

c. center party – adopted policies which are a mixture of both left and right tendencies.

3. The one-party system – only one political party holds power.

Party Functions

1. Organize the competition

2. Unify the electorate

3. Inspire and inform voters

4. Translate preferences into policy

5. Provide loyal opposition

6. Organize government

7. Help govern

8. Act as watchdogs

9. Nominate candidates

10. Ensure candidate quality

Political Party
An organization that seeks political power by electing people to office so that its positions and

philosophy become public policy.

A political organization that aims to attain and maintain political power within government, usually by

participating in electoral campaigns.

It is organizations that mobilize voters on behalf of a joint set of interests, concerns, and goals.

It is any aggrupation of persons who come together on how well the best interest of the people might

be served.

It Is any group providing label upon which candidates run for public offices.

Organization of Government

The power given to a political party that gains the necessary votes to form the governmental elite,

filling administrative posts with elements from the party rank.

Philippine Party System – the Omnibus Election Code has the following provisions that define political

party functions during elections:

Parties must be furnished a copy of Comelec directives and orders in pursuant to the provisions of the

Omnibus Election Code (Article VIII)

Parties must be notified by the Comelec with the use of technological and electronic devices (Article

VIII)

Parties must be provided guidelines for campaign spending (Article X)

Parties must limit their spending to 1.50 pesos per voter for each candidate (Article X section 101)

The two major parties shall have a representative each in the board of election inspector in every

precinct (Article IV) and board of canvassers


All parties can have a watcher in every polling place (Article XV)

Parties may hold party conventions or meetings to nominate their official candidates 30 days before

the campaign period and forty days for presidential and vice-presidential candidates (Article X)

Parties should be notified by the Comelec before the printing of emergency ballots (Article XVI)

The two major parties may send representatives to verify the content of ballot boxes and shall be

given a copy of the statement of election result (Article XVI)

Parties may raise a pre-proclamation controversy i.e., any question pertaining to or affecting the

proceedings of the board of canvassers (Article XX)

LECTURE XI

Philippine Politics and Governance

Civil Society and Social Movement

Concept of Civil Society

It is the third sector of society along with government and business. It comprises civil society

organizations and non-governmental organizations.

The term is used to describe a broad range of organizations, networks, associations, groups and

movements that are independent of government and that sometimes come together to advance their

common interest through collective action.


The term NGOs Is used to describe non-profit making, non-violent organizations, which seek to

influence the policy of governments and international organizations and to complement government

services (such as health and education). They vary in their size, scope of activity and goals. They may

operate nationally, or internationally.

Functions and Contribution of Civil Organizations

Protection

Monitoring

Advocacy and public communication

Social cohesion

Intermediation and facilitation

Service delivery

Civil society (Krut, 1997) is crucial to democratization because it enables and widens participation,

protects citizens from abuse of state power, and guarantees the political accountability of the state.

Civil society is a protector and guardian, change-advocate and dispenser and generator of social

wealth and welfare.

Society prevents the state from abusing its powers and at the same time prods it to do better by being

accountable and transparent (Putnam). Further, a vibrant society leads to better government. For

David (1997) civil society aims to transform unequal power relations in six spheres: country and class;

sector and species, generation and gender.

Concept of Social Movements


Social movements can be thought of as organized yet informal social entities that are engaged in an

extra-institutional conflict that is oriented towards a goal which can be concrete and narrow policy or

aimed at cultural change.

Four Stages of Social Movements

1. Emergence – within this stage, social movements are very preliminary, and there is little to no

organization.

2. Coalescence – at this stage, social movements have overcome obstacles which many never

overcome. It is characterized by a more clearly defined sense of discontent, a sense of what the

unease is all about and who or what is responsible.

3. Bureaucratization – this stage is characterized by higher levels of the organization and coalition-

based strategies. In this stage, social movements can no longer just rely on mass rallies or

inspirational leaders; they must rely on trained staff to carry out the functions of organizations.

4. Decline – it does not necessarily mean failure of social movements as Miller (1999) argues that

there are four ways in which social movements can decrease namely: success, organized failure, co-

optation, repression.

Functions and Contributions of Social Movements

Social movements have played key roles in redefining the meaning of our democracy by creating

necessary conditions for a genuine “community of consent.”

LECTURE XII
Philippine Politics and Governance

Citizenship

Concept of Citizenship

Citizen – a member of a democratic community who enjoys full civil and political rights and is

accorded protection inside and outside of the territory state. Citizens may be regarded by all nations

either born in their territories or both of their citizens, or it could be both.

Citizenship – it denotes membership of a citizen in a political society which membership implies,

reciprocally, a duty of allegiance on the part of the members and duty of protection on the part of the

state.

Acquisition of Citizenship

1. involuntary method – by birth because of blood relationship (jus sanguinis) or place of birth (jus

soli)

2. voluntary method – by naturalization or an act of formally adopting a foreigner into the political

body of the state and clothing him with the rights and privileges of citizenship.

Obligation of Citizens

1. loyalty or have a sense of patriotism

2. obeys law
3. participation in political processes

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 on 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.

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.

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

Two Ways of Losing Citizenship

1. Voluntarily

a. by naturalization in a foreign country

b. by express renunciation of citizenship

c. by supporting the constitution and laws of a foreign country

d. by rendering service to the armed forces of a foreign country

2. Involuntarily
a. by the cancellation of his certificate of naturalization by the court

b. by having been declared as a deserter in the Philippine armed forces in time of war

Ways of Reacquiring Citizenship

a. by the repatriation of deserters of the Philippine armed forces

b. by a direct act of the Congress

c. by naturalization

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.

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

What Section 5 prohibits is not dual citizenship but dual allegiance

Dual citizenship is a situation in which a person simultaneously owes, by some positive act, loyalty to

two or more states. It arises because our laws cannot control laws of other countries on citizenship.

Republic Act No. 9225

Citizenship Retention and Re-acquisition Act of 2003

Natural-born citizens of the Philippines who have lost their Philippine citizenship because of their

naturalization as citizens of a foreign country are at this moment deemed to have re-acquired

Philippine citizenship upon taking the oath of allegiance to the Republic.

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