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Summary of The Important Concepts On Declaration of Principles and State Policies, Inherent Powers of The State, Bill of Rights, and Citizenship
Summary of The Important Concepts On Declaration of Principles and State Policies, Inherent Powers of The State, Bill of Rights, and Citizenship
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Summary of The Important Concepts On Declaration of Principles and State Policies, Inherent Powers of The State, Bill of Rights, and Citizenship
Summary of The Important Concepts On Declaration of Principles and State Policies, Inherent Powers of The State, Bill of Rights, and Citizenship
Uploaded by
Alyssa EspinosaCopyright:
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WESLEYAN UNIVERSITY-PHILIPPINES
Bachelor of Arts in Political Science
Summary of the Important Concepts on
Declaration of Principles and State Policies, Inherent
Powers of the State, Bill of Rights, and Citizenship
In partial fulfillment of the requirements
for the subject
PHILIPPINE GOVERNMENT AND POLITICS
(POLSCIE II)
Espinosa, Alyssa M.
Submitted to:
Judge Leah A. De Guzman
Date of Submission:
OCTOBER 2023
IMPORTANT CONCEPTS SUMMARY
TABLE OF CONTENTS
“Whoever defends his own rights defends the rights of all.”
Page
Article II: Declaration of Principles and State Policies…………….………………………………………………1
Principles…………………………………………………………………………………………………………………………………….1
State Policies………………………………………………………………………………………………………………………………..4
Inherent Powers of the State……………………………………………………………………………………………………13
Police Power………………………………………………………………………………………………………………………….……13
Power of Eminent Domain………………………………………………………………………………………………………….14
Taxation………………………………………………………………………………………………………………………….…………16
Interplay: Police Power and Power of Eminent Domain…………………………………………………………….….18
Interplay: Police Power and Power of Taxation………………………………………………………………………….….19
Article III: Bill of Rights…………………………………………………………………………………………………………20
Article IV: Citizenship…………………………………………………………………………………….………………………33
References…………………………………………………………………………………………………….………………………….38
ARTICLE II:
TheArticleIIofthe1987Constitutionservesasaframeworkforthedemocraticsystemofthe
Philippines.Itisintendedtolaydowntherulesunderlyingthegovernmentsystemofourcountryand
must be adheredtoinpublicaffairsandpublicissues.Thearticlecontainstwenty-eight(28)sections
that can be considered a design or blueprint for future legislation. Some of its provisions are
non-self-executing as ruled by the Supreme Court (Kilosbayan Inc. vs. Morato), “they do not
embody judicially enforceable constitutional rights but guidelines for legislation.”
PRINCIPLES
SEC. 1, ARTICLE II
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them.
Republicanismisagovernmentofthepeople,bythepeople,andforthepeople.Thepeople
indirectlygoverntheaffairsofthegovernmentbychoosingelectiveofficialswhowillfulfilltheirwillin
their stead. All authority comes from the people; they are the source of sovereignty.
Manifestations of a Democratic and Republican Regime
1. A government of Laws and not of Men
2. Rule of Majority
3. Accountability of Public Officials
4. Legislature cannot pass irrepealable laws
5. Separation of Powers
6. Checks and Balances
7. Balancing of individual liberty and state welfare
1 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 2, ARTICLE II
The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principlesofinternationallawaspartofthelawoftheland,andadherestothepolicyofpeace,equality,
justice, freedom, cooperation, and amity with all nations.
ThePhilippinesisasignatoryoftheKellogg-BriandPact(1928),atreatyrenouncingwaras
an instrument of the national policy of the signatory States. However, we only renounce a war of
aggression, not a defensive war. We have the right of self-defense.
The Doctrine of Incorporation is where the generally accepted principles ofinternational
law are made part of the law oftheland.Itrequiresnoformaldomesticlegalacttomakesuchrules
applicable tothedomesticspherebecauseithasalreadybeendeclaredbytheConstitutionitself.The
DoctrineofTransformationrequiresthataninternationallawbe“transformed”intoadomesticlaw
through a constitutional mechanism such as local legislation.
International law was held to be on par with the municipal statutes of the Philippines.
However,ifthereisadiscrepancybetweenthetwo,municipallawshallprevail.Internationallawisnot
superior tomunicipalstatutes.ItmustalsobenotedthattheConstitutionwillalwaysbethehighest
and supreme of all laws and treaties.
SEC. 3, ARTICLE II
Civilianauthorityis,atalltimes,supremeoverthemilitary.TheArmedForcesofthePhilippinesisthe
protectorofthepeopleandtheState.ItsgoalistosecurethesovereigntyoftheStateandtheintegrityofthe
national territory.
The President of the Philippines is supreme over the military, making him the
commander-in-chief of the Armed Forces of the Philippines. This is to prevent a military junta and put
an end to a democratic regime. The primordial duty of the military is to protect people and state.
2 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 4, ARTICLE II
TheprimedutyoftheGovernmentistoserveandprotectthepeople.TheGovernmentmaycalluponthe
people to defend theStateand,inthefulfillmentthereof,allcitizensmayberequired,underconditions
provided by law, to render personal military or civil service.
It is both the duty of the government and the people todefendthestate.TheConstitution
declares that the government may call upon the people to defend the state by means of personal,
military,orcivilservice.Thismustbeundertheconditionsprovidedbylawandlegislationisnecessary
for this. This is the reason for the implementation of R.A. 9163 or “NationalServiceTraining
Program(NSTP)Actof2001”.Itshallformpartofthecurriculaofallbaccalaureatedegreecourses
and of at least two (2) year technical vocational courses and is a requisite for graduation.
PossecommitatusisthepoweroftheStatetorequireallable-bodiedcitizenstoperformcivic
duties to maintain peace and order.
SEC. 5, ARTICLE II
Themaintenanceofpeaceandorder,theprotectionoflife,liberty,andproperty,andthepromotionofthe
general welfare are essential for the enjoyment by all the people of the blessings of democracy.
SEC. 6, ARTICLE II
The separation of Church and State shall be inviolable.
ThereisaboundarybetweenreligionandtheState,therearecertainparametersthatcannotbe
crossed; otherwise, it will result in aconstitutionalinfirmity.
3 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
STATE POLICIES
SEC. 7, ARTICLE II
The State shall pursue an independent foreign policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to
self-determination.
Wecannotbetooindependenttoday.OurcountrycanrelyonsomeotherStates,butwemust
take a look at our priorities. Foreign policy is a set of guidelines followed by a government of the
country to promote its national interest through the conduct of its relations with other countries.
SEC. 8, ARTICLE II
ThePhilippines,consistentwiththenationalinterest,adoptsandpursuesapolicyoffreedomfromnuclear
weapons in its territory.
Nuclearweaponsifstoredinourterritorymayinvitethreatsofforeigninvasion.Thereisalsoa
danger tothelivesandlimbsofthepeoplebecauseofthethreatofexplosion.Thisprovisionisnota
total ban on nuclear weapons. It is up to Congress whether they shall allowthestorageofitinour
country. The determining factor is always thenationalinterest.
SEC. 9, ARTICLE II
TheStateshallpromoteajustanddynamicsocialorderthatwillensuretheprosperityandindependence
of the nation and free the people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved quality of life for all.
This is consistent with the preamble which provides for the establishment of a just and
humane society. It is designed to eliminate poverty and equalize the rights of the rich and the poor.
4 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 10, ARTICLE II
The State shall promote social justice in all phases of national development.
Social Justicemeans the promotion of the welfare of all the people... on the time-honored
principleofsaluspopuliestsupremalex(Calalangvs.Williams,December2,1940).Itisnotmeantor
intendedtotakeawayarightfromoneandgiveittoanothernotentitledtheretosimplybecauseheis
poor. Rich or poor, a person is entitled to social justice.
SEC. 11, ARTICLE II
The State values the dignity of every human person and guarantees full respect for human rights.
In a democratic state, theindividualenjoyscertainrightswhichcannotbemodifiedortaken
away by the lawmaking body.
SEC. 12, ARTICLE II
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomoussocialinstitution.Itshallequallyprotectthelifeofthemotherandthelifeoftheunbornfrom
conception. The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the Government.
Thismandatestheprotectionoftheunbornfromthepossibilityofabortion.Thehealthofthe
mother shall also be protected. The Court does not find the R.A. 10354 or RH Law
unconstitutional, but the religious freedom of some sectors cannot be trampled upon in pursuitof
what the law hopes to achieve.
The selection of means, methods, and institutions thattheparentsmightselectineducating
their children cannot be interfered with by the State.
5 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 13, ARTICLE II
The State recognizes the vital role of the youth in nation-building and shall promote andprotecttheir
physical,moral,spiritual,intellectual,andsocialwell-being.Itshallinculcateintheyouthpatriotismand
nationalism, and encourage their involvement in public and civic affairs.
AccordingtoJohnLocke,themindofthechildatbirthislikea“tabularasa”,orblanktablet
and experiences will be the onestowriteonthattablet.ItisthedutyoftheStateandtheparentsto
develop them for civic efficiency.
R.A.9344orthe“JuvenileJusticeandWelfareActof2006”isthefirstlawthatprotects
the rights of children in conflict with the law (CICL).
Minimum Age of Criminal Responsibility
1. Achildfifteen(15)yearsofageorunderatthetimeofthecommissionoftheoffenseshallbe
exempt from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act.
2. A child above fifteen (15) yearsbutbeloweighteen(18)yearsofageshalllikewisebeexempt
from criminal liability and be subjected to an intervention program, unlesshe/shehasacted
with discernment,inwhichcase,suchchildshallbesubjectedtotheappropriateproceedings
in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
6 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 14, ARTICLE II
The State recognizes the role of women in nation-building, and shallensurethefundamentalequality
before the law of women and men.
Thefundamentalequalityofmenandwomenbeforethelawshallbeensuredbythestate.This
isguaranteedbynolessthantheconstitution,astatute,andaninternationalconventiontowhichthe
Philippines is a party. In 1980, the Philippines became a signatory to the Convention on the
Elimination of All Forms of Discrimination Against Women(CEDAW)andisthusnowpartofthe
Philippine legal system. As a state party to the Convention, the Philippines bound itself to it.
Legislations
1. R.A. 9710 or “The Magna Carta of Women”
2. R.A. 7877 or “Anti Harassment Act of 1995”
3. R.A. 9262 or “Anti-Violence Against Women and their Children Act of 2004”
SEC. 15, ARTICLE II
TheStateshallprotectandpromotetherighttohealthofthepeopleandinstillhealthconsciousnessamong
them.
SEC. 16, ARTICLE II
The Stateshallprotectandadvancetherightofthepeopletoabalancedandhealthfulecologyinaccord
with the rhythm and harmony of nature.
Highlighting thecontinuingimportancefortheStatetohaveasolemnobligationtopreserve
the first and protect and advance the second. Section 15 complements or unites with this provision.
7 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 17, ARTICLE II
The State shall give priority to education, science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress, and promote total human liberation and
development.
Thephysical,mental,andmoraldevelopmentofthepeopleisapriority,ifnotthedutyofthe
State. An educated citizenry is vital to the development of the economy. The State grants free
education.
Legislations
1. R.A. 6655 or “Free Public Secondary Education Act of 1988”
2. R.A. 10931 or “Universal Access to Quality Tertiary Education Act”
3. R.A. 7796 or “TESDA Act of 1994”
SEC. 18, ARTICLE II
The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare.
Theprotectionoflaborcoverslocalandoverseasworkers.Laborisaprimarysocialforcethat
is needed in the development of the economy.
8 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 19, ARTICLE II
The State shall develop a self-reliant and independent national economy effectively controlled by
Filipinos.
This provision does not necessarily rule out the entry of foreign investments, goods, and
services. The key, as in all economies in the world is to strike a balance between protecting local
businesses and allowing the entry of foreign investments and services (Espina v. Zamora).
SEC. 20, ARTICLE II
TheStaterecognizestheindispensableroleoftheprivatesector,encouragesprivateenterprise,andprovides
incentives to needed investments.
Theprivatesectorisacatalystinthedevelopmentoftheeconomysincetheresourcesofthe
government are not enough to develop the economy without sacrificing public service. The private
sectorthroughitsinvestments,employingalotofpeople,isapotentforceintheadvancementofthe
State.
SEC. 21, ARTICLE II
The State shall promote comprehensive rural development and agrarian reform.
TheStateaimstodistributelandtothelandlesstopromotethegeneralwelfareofthepeople.
Land has a social function and land ownership has a social responsibility. R.A. 6657 or
“Comprehensive Agrarian Reform Law of 1988”isfoundedontherightoffarmersandregular
farmworkers,whoarelandless,toowndirectlyorcollectivelythelandstheytillor,inthecaseofother
farm workers, to receive a just share of the fruits thereof.
9 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 22, ARTICLE II
TheStaterecognizesandpromotestherightsofindigenousculturalcommunitieswithintheframeworkof
national unity and development.
Thegroupreferstothenon-dominantgroupswhowanttopreservetheirethnic,religious,or
linguistictraditionsthataredifferentfromothers.R.A.8371or“TheIndigenousPeoples’Rights
Actof1997”protectstheirrightstotheirancestraldomain,self-governance,equalopportunity,and
treatment.
SEC. 23, ARTICLE II
TheStateshallencouragenon-governmental,community-based,orsectoralorganizationsthatpromotethe
welfare of the nation.
Everygovernmentactivityisanessentialmeansofachievingthegreatestgoodforthegreatest
number and the State is responsible for the general and social welfare of the people.
SEC. 24, ARTICLE II
The State recognizes the vital role of communication and information in nation-building.
Publicopinionisvitaltothedevelopmentofthecountry.Astrong,vigilant,andindependent
press is vital to a democratic society.
10 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 25, ARTICLE II
The State shall ensure the autonomy of local governments.
This gives the LGUs not only more and greater powers but alsoprovidesthemwithampler
meansandresourcesinordertoenablethemtomeettheirenlargedresponsibilities.However,thisdoes
notmeanabsoluteindependencefromthecentralgovernment.Thereisonlyadevolutionofpowersto
the LGUs. R.A. 7160 or “Local Government Codeof1991” allocatesamongthedifferentlocal
government units oftheirrespectivepowers,functions,responsibilities,andresources.Thereshallbe
established in every local government unit an accountable, efficient, and dynamic organizational
structure and operating mechanism that will meet the priority needs andservicerequirementsofits
communities.
SEC. 26, ARTICLE II
TheStateshallguaranteeequalaccesstoopportunitiesforpublicservice,andprohibitpoliticaldynastiesas
may be defined by law.
Thismustbeenactedintolawbecausethisprovisionisnon-self-executing.Politicaldynasty
referstotheconcentration,consolidation,and/orperpetuationofpublicofficeandpoliticalpowersby
personsrelatedtooneanother.S.B.1765or“TheAnti-PoliticalDynastyActof2018”ofSenator
Ping Lacson is not yet a law.
11 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE II:
SEC. 27, ARTICLE II
The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.
Maintaininghonestyandintegrityinthepublicserviceistheonlywaytoattainthetrustofthe
people in government. Public office is a public trust.
Legislations
1. R.A.1379or“A
nActDeclaringForfeitureInFavoroftheStateAnyPropertyFoundtoHave
Been Unlawfully Acquired By Any Public Officer or Employee and Providing For the
Proceedings Therefor”
2. R.A. 6713 or “Code of Conduct and EthicalStandardsforPublicOfficialsandEmployees."
(filing of SALN)
3. R.A. 7080 or “An Act Defining and Penalizing the Crime of Plunder”
4. R.A. 3019 or “Anti-Graft and Corrupt Practices Act”
SEC. 28, ARTICLE II
Subjecttoreasonableconditionsprescribedbylaw,theStateadoptsandimplementsapolicyoffullpublic
disclosure of all its transactions involving public interest.
Therighttoinformationisapublicrightwheretherealpartiesininterestarethepublic,orthe
citizenstobeprecise.However,thisisnotabsolute.Ifthepurposeisunlawfulorsheeroridlecuriosity,
then the right cannot be invoked. Exemptions are military, trade, banking, diplomatic secrets, and
those affecting national security.
12 PHILIPPINE GOVERNMENT AND POLITICS
INHERENT POWER:
Police Power of the State is the most pervasive and the least limitable of all the three (3)
inherentpowers.Itisvestedinthelegislaturetomake,ordain,andestablishallmannerofwholesome
andreasonablelawsforthegoodandwelfareoftheStateanditspeople.Thispowerisfoundedonthe
basic principle of salus populi est suprema lex or the welfare of the people isthesupremelaw.It
regulates individual freedom and the exercise of property rights for the purpose of promoting the
general welfare of the people.
Who may Exercise the Police Power of the State?
1. Philippine Congress
2. President
3. Administrative Agencies
4. LGUs
Limitations
1. Lawful Subject
2. Lawful Means
Purposes
1. To serve the general welfare, comfort, and convenience of th people
2. To promote and preserve public health
3. To promote and protect public safety
4. To maintain and safeguard public order
5. To protect public morals
6. To promote the economic security of the people
13 PHILIPPINE GOVERNMENT AND POLITICS
INHERENT POWER:
The Power of Eminent Domain is the right of the State to take or expropriatepropertyfor
publicuseuponpaymentofjustcompensation.Condemnationofprivatepropertyisjustifiedonlyif
itisforthepublicgood.Publicuseisnotonlyaboutthepublicingeneralbutalsomaycoverusesthat
maynotdirectlybeavailabletothepublicbutmayredoundtotheirindirectadvantageofthebenefit.
It must be noted that the State or any governmental agent who acts as the expropriatorcannotthe
premisesoftheprivatepropertywithouttheactualcommencementoftheexpropriationproceedings
and the deposit required by law is duly made.
Who may Exercise the Power of Eminent Domain?
1. The Congress
2. President
3. LGUs
4. Quasi-Public Corporations
Requisites for Valid Exercise
1. Offer to buy from the State
2. It must be for public purpose
3. Necessity of the exercise
4. Just compensation
Requisites of Taking in Expropriation
1. There must be entry
2. The entry must be for more than a momentary period
3. Entry must be under warrant or color of authority
4. Property must be devoted to public use or otherwise informally appropriated orinjuriously
affected
14 PHILIPPINE GOVERNMENT AND POLITICS
INHERENT POWER:
5. Theutilizationofthepropertyforpublicusemustbeinsuchawayastoousttheownerand
deprive him of beneficial enjoyment of the property
Due Process Requirement
1. Private property be taken for public use
2. The owner shall have due notice and hearing in the condemnation proceedings
3. Just and reasonable compensation be paid
15 PHILIPPINE GOVERNMENT AND POLITICS
INHERENT POWER:
The Power of Taxation is the right to raise revenue to defray the necessary expenses of
governmentforanypublicpurpose.Therevenuegeneratedfrom thecollectionoftaxesiswhatfuels
thegovernmenttocontinueworkingforthecommonwelfareofthegeneralpublic.Itisthedutyand
obligation of the people to aid the State.
The Lifeblood Theory pertains that taxes are considered as the very life and blood of the
nation. Without the power to tax, the government and theStatewillnotsurvive.Withouttaxation,
there is no State. The DoctrineofNecessitypertainsthattaxesarenecessaryforthesurvivalofthe
State. Without it, the State is bound to disappear.
Who may Exercise the Power of Taxation?
1. National Legislature
2. LGUs (in the present setting)
Basic Principles of a Sound Tax System
1. Fiscal Adequacy
2. Administrative Feasibility
3. Theoretical Justice or Equality
Exemptions to Real Property Taxes
1. Charitable institutions
2. Churches and parsonages or convents appurtenant thereto
3. Mosques
4. Non-profit cemeteries
5. All lands, buildings, and improvements, actually, directly, andexclusivelyusedforreligious,
charitable, or educational purposesshall be exemptfrom taxation.
16 PHILIPPINE GOVERNMENT AND POLITICS
INHERENT POWER:
Exemptions to Income Taxes
1. Allrevenuesandassetsofnon-stock,non-profiteducationalinstitutionsusedactually,directly,
and exclusively foreducational purposesshall beexempt from taxes and duties.
17 PHILIPPINE GOVERNMENT AND POLITICS
INTERPLAY:
POLICE POWER POWER OF EMINENT DOMAIN
Property intended for anoxiouspurpose. Private property to public use.
No compensation shall be paid. Just compensation.
roperty is merely restricted because the
P o take any kind of property including property
T
continued use thereof would be injurious to rights provided it is for public welfare. It is the
public welfare, or where the property is deprivation or dispossession of the owner of its
destroyed because its continued existence would property.
be injurious to the public interest.
Examples of Police Power
1. An ordinance prohibiting theaters from selling tickets in excess of their seating capacity.
2. A zoning ordinance prohibiting the operation of a lumber yard within certain areas.
3. Astatuteregulatingtheslaughterofcarabaoforthepurposeofconservinganadequatesupply
of draft animals.
Example of Eminent Domain (Julia Lemon v. Phoebe PutneyMemorial Hospital)
In 2005, the state of Georgia, on behalf of Phoebe Putney Memorial Hospital, attempted to seize
propertyforthebuildingofadaycarecentertoserveGeorgia’slargesthospital.Onthepropertystood
a home owned by Julie Montgomery, and rented by 93-year-old Julia Lemon. The hospital offered
owner Montgomery the “fair market value” of the propertyatabout$50,000,butshewasloatheto
displace her elderly tenant, who had lived there for 26 years. The Dougherty County Super Court
issued a 2006 ruling on the matter requiring the hospital to pay Montgomery $200,000 for her
property,aswellaspaying$51,000toLemontoaidinherrelocation.Thiscaseemphasizesthattheuse
of eminent domain cannot be all-reaching, but should examine real-life issues when considering
property seizures.
18 PHILIPPINE GOVERNMENT AND POLITICS
INTERPLAY:
POLICE POWER POWER TO TAX
Includes “power to destroy”. oesnotincludethepowertodestroyaslongas
D
it is used merely for revenue purposes.
Example of Police Power
When the State imposes taxes of exaggerated magnitude on certain things or enterprises that are
inimicaltothegeneralinterestofthepublicsuchascigarettesandalcoholicbeverages.Theseso-called
vices can be abated without depriving the government of revenues.
List of Taxes in the Philippines
1. Capital Gains Tax
2. Documentary Stamp Tax
3. Donor’s Tax
4. Estate Tax
5. Income Tax
6. Percentage Tax
7. Value Added Tax
8. Withholding Tax on Compensation
9. Expanded Withholding Tax
10. Final Withholding Tax
11. Withholding Tax on Government Money Payments
19 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
TheBillofRightsistheveryheartoftheConstitution.Itisacollectionofrightsthatserveto
protect and safeguard the general public from the arbitrary flexing of governmental muscles. It
prevents the State from intruding into the private affairs of an individual. It consistsoftwenty-two
(22)sectionsthatrangefromgeneralrights,preferredrights,andrightsofanaccusedduringcustodial
investigation and trial.
SEC. 1, ARTICLE III
Nopersonshallbedeprivedoflife,liberty,orpropertywithoutdueprocessoflaw,norshallanypersonbe
denied the equal protection of the laws.
DueProcessistherighttobeheard.Itisalsothemeansofprotectionforindividualsagainst
any kind of arbitrariness, unreasonableness, or capriciousness on the part of the government. It isa
guaranteeagainstanyunreasonableactthatmightbecommittedbyanygovernmentalagency.Indue
process, there could be deprivation of life, liberty, and property.
Requisites of Substantive Due Process
1. The means are reasonable for the accomplishment of the purpose of the law
2. The law must be intended for the interest of the public rather than for the private interest
Requisites of Procedural Due Process
1. There must be an impartial tribunal
2. The court must have jurisdiction
3. There must be an opportunity to be heard
4. The judgment must be rendered after trial and in accordance with the law
20 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
TheRighttoEqualProtectionistherighttobeinvokedwhenthreatenedbyagovernmental
actthatisdiscriminatoryinnature.Allpersonsorthingssimilarlysituatedshouldbetreatedalike.The
Equal Protection Clause merely guarantees relative equality meaning equality among equals.
Requisites for Valid Classification
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
The Right to Due Process and the Right to Equal Protection of the Law limit the three
inherent the three (3) inherent powers so that the power of the State may not overwhelm the
democratic setting of the State.
SEC. 2, ARTICLE III
Therightofthepeopletobesecureintheirpersons,houses,papers,andeffectsagainstunreasonablesearches
and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined personally by the judgeafter
examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
TheprivacyofanindividualmustalwaysbesecuredagainstarbitraryintrusionfromtheState.
However,anindividualcouldbesubjectedtoasearchand/orseizureprovidedthatavalidwarrantof
arrestorsearchwarrantasthecasemaybesecured.Itisconsideredapersonalright.Noonecaninvoke
the right against unreasonable searches and seizures for someone else.
21 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
Requisites for a Valid Warrant of Arrest and Search Warrant
1. It must be based upon probable cause
2. The probable cause must be determined personally by the judge
3. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce
4. It must particularly describe the place to be searched and the persons or things to be seized
5. No search warrant shall issue for more than one specific offense
SEC. 3, ARTICLE III
(1)Theprivacyofcommunicationandcorrespondenceshallbeinviolableexceptuponlawfulorderofthe
court, or when public safety or order requires otherwise, as prescribed by law.
(2)Anyevidenceobtainedinviolationofthisortheprecedingsectionshallbeinadmissibleforanypurpose
in any proceeding.
The Right to Privacy means the right to be left alone. It is also the right to be free from
undesired publicity or disclosure. However, it is not an absoluteright.TheStatecaninterfereupon
lawful order of the court as when a search warrant is issued against a person.
The doctrine of "the Fruit ofaPoisonousTree"isarulethatantedatedMirandarights.It
simplymeansthatallillegallyobtainedevidencearefruitsofthepoisonoustreeandarenotadmissible
as evidence in court. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit."
Illegally-obtainedevidenceincludingthoseallegedlyplantedbythepolicelikedrugsorfirearmsarenot
admissibleincourt.Thosepiecesofdocumentsorobjectevidencethatareconfiscatedwithoutsearch
warrants are fruits of the poisonous tree.
22 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
Exemptions of the Fruit of a Poisonous Tree Doctrine
1. If it was discovered from a source independent of the illegal activity;
2. Its discovery was inevitable;
3. Or for evidence found as a result of excludable, voluntary testimony from the defendant.
SEC. 4, ARTICLE III
No law shall be passed abridging the freedom of speech, of expression,orofthepress,ortherightofthe
people peaceably to assemble and petition the government for redress of grievances.
Expressingone’sopinionregardingthesocialandpoliticalconcernsoftheStateistheessence
ofademocraticandrepublicangovernment.Withoutit,therewillbenodemocracytospeakof.This
right merely guarantees freedom to express opinion involving matters ofpublic concern.
The newspaperman must always adhere to the ethical standard of truth and fairness. Every
personisobliged“toactwithjustice,giveeveryonehisdue,andobservehonestyandgoodfaith.”(The
Civil Code) A knowingly false statement made with reckless disregard of the truth does not enjoy
constitutional protection.
Elements of the Freedom of Expression
1. Freedom from previous restraint
2. Freedom from punishment
The people also have the Right to Peaceably Assemble and petition the government for
redressofgrievances.Itallowsthepeopletogrouptogetherinapeacefulmannerandconverseamongst
themselvesregardingtheconcernstheyhaveforthepublic.Thepurposeoftheassemblymustnotbe
contrary to law. If instances of disorderly conduct occur on such occasions, the guilty individuals
23 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
should be sought out and punished. There is a difference between a peaceably assembly and a
tumultuous uprising.
Permit Not Necessary in the Conduct of a Rally
1. Freedom parks
2. Inside private properties
3. Campuses of state colleges and universities
SEC. 5, ARTICLE III
Nolawshallbemaderespectinganestablishmentofreligion,orprohibitingthefreeexercisethereof.The
freeexerciseandenjoymentofreligiousprofessionandworship,withoutdiscriminationorpreference,shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.
The Freedom of Religion is the right of a man to worship God, and to entertain such
religiousviewswithoutdictationorinterferencebyanyperson.However,thereshouldnotbeafusion
betweentheStateandthechurchforitimplantsseedsofhatred,suffering,andabuse.Jesussaid,“Give
unto Caesar what is Caesar’s and give unto God what is God’s.”
The Twofold Guarantees
1. The Non-Establishment Clause
2. Free Exercise Clause
SEC. 6, ARTICLE III
Thelibertyofabodeandofchangingthesamewithinthelimitsprescribedbylawshallnotbeimpaired
exceptuponlawfulorderofthecourt.Neithershalltherighttotravelbeimpairedexceptintheinterestof
national security, public safety, or public health, as may be provided by law.
24 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
TheRighttoLibertyofAbodeallowsanindividualtochoosewherehewillliveandwhen
andwherehewilltransferresidencewithoutinterferencefromtheState.Itcanbelimitedorregulated
if there is a lawful order of the court. The Right to Travelcanbecheckedbytherequirementsof
national security, public safety, or public health as may be provided by law.
SEC. 7, ARTICLE III
The right of the people to information onmattersofpublicconcernshallberecognized.Accesstoofficial
records, and to documents and papers pertaining to official acts, transactions, ordecisions,aswellasto
governmentresearchdatausedasbasisforpolicydevelopment,shallbeaffordedthecitizen,subjecttosuch
limitations as may be provided by law.
The Right to Freedom ofInformationistherightofeverycitizenforfulltransparencyof
thegovernmentinvolvingpublicinterest.TheFreedomofInformation(FOI)Programrequiresall
executive departments, agencies, bureaus, and offices to disclose public records, contracts, and any
information, except for matters affecting national security.
SEC. 8, ARTICLE III
The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.
The Right to Form Association allows the laborers to voice out their will in a collective
form.Theycanexercisethisrightwithoutthefearofretaliationcomingfromtheiremployers.Itisalso
thefreedomofpeopletoorganize,tojoingroupsorassociations,andtoadoptrulestoimplementtheir
objectives.
25 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
SEC. 9, ARTICLE III
Private property shall not be taken for public use without just compensation.(refer to page 14)
SEC. 10, ARTICLE III
No law impairing the obligation of contracts shall be passed.
AContractisthemeetingofmindsbetweentwopersons.Onceacontractthatisnotcontrary
tothelawisperfected,thenitbecomesthelawthatbindsthetwopartiesinthecontract.Noteventhe
Statecaninterfere;noteventhelawsenactedbythePhilippineCongresscanimpairtheobligationofa
contract.
SEC. 11, ARTICLE III
Freeaccesstothecourtsandquasi-judicialbodiesandadequatelegalassistanceshallnotbedeniedtoany
person by reason of poverty.
It is the policy oftheStatetogiveequalprotectiontoboththeaffluentandthepauper.The
State provides for the services of a lawyer if a litigant cannotaffordtopayforone.Itisthroughthe
Public Attorney’s Office (PAO) under the Department of Justice. Some pauper litigantsareexempt
from the payment of docket fees in the court.
SEC. 12, ARTICLE III
(1)Anypersonunderinvestigationforthecommissionofanoffenseshallhavetherighttobeinformedof
hisrighttoremainsilentandtohavecompetentandindependentcounselpreferablyofhisownchoice.If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
26 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
(2)Notorture,force,violence,threat,intimidation,oranyothermeanswhichvitiatethefreewillshallbe
used against him. Secret detention places, solitary, incommunicado, orothersimilarformsofdetention
are prohibited.
(3)AnyconfessionoradmissionobtainedinviolationofthisorSection17hereofshallbeinadmissiblein
evidence against him.
(4)Thelawshallprovideforpenalandcivilsanctionsforviolationsofthissectionaswellascompensation
to and rehabilitation of victims of torture or similar practices, and their families.
Miranda Rights provide the accused the right to remain silent and cannot be forced by
anyonetoansweranyquestionorgiveaconfession.Anyconfessionobtainedinviolationofthisright
shall never be admissible as evidence.Italsohastherighttocompetentandindependentcounsel.In
the presence of it, the accused can now fully disclose his sideofthestoryanddefendhimselfinthe
initialstageoftheprosecution.Torture,force,violence,threat,intimidation,oranyothermeansthat
harms the accused is prohibited. He cannot be put into a secret detention cell or incommunicado
which is a place where no one can have access to him.
SEC. 13, ARTICLE III
All persons, except those charged withoffensespunishablebyreclusionperpetuawhenevidenceofguiltis
strong, shall,beforeconviction,bebailablebysufficientsureties,orbereleasedonrecognizanceasmaybe
provided by law. The right to bail shall not be impaired even when the privilege of the writofhabeas
corpus is suspended. Excessive bail shall not be required.
Bailisthesecuritygivenforthereleaseofapersonincustodyofthelaw.Itisinthenatureofa
guarantee that will ensure thattheaccusedifsetfreewillbeavailablewheneverthecourtasksforhis
presenceandwillnotescapeimprisonmentifconvicted.Therighttobailwillremainoperationaleven
if the privilege of the writ of habeas corpus is suspended.
27 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
Ifthepenaltyfortheoffensechargedisnotreclusionperpetua,lifeimprisonment,ordeath,the
courtcannotdenytheapplicationforbailandmustautomaticallygrantitwhenappliedfor.However,
ifthepenaltiesareforheinouscrimes,therighttobailcannotbeautomaticallygranted.Asummary
hearingis needed for the court to determine whetherthe evidence of guilt is strong or not strong.
SEC. 14, ARTICLE III
(1) No person shall be held to answer for a criminal offense without due process of law.
(2)Inallcriminalprosecutions,theaccusedshallbepresumedinnocentuntilthecontraryisproved,and
shall enjoy the right to be heard by himself and counsel, to be informed of the natureandcauseofthe
accusationagainsthim,tohaveaspeedy,impartial,andpublictrial,tomeetthewitnessesfacetoface,and
to have compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.
The Rights of an Accused during Trial
1. Right to criminal due process
2. Right to the presumption of innocence
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to speedy, impartial, and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and production of
evidence in his behalf
28 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
SEC. 15, ARTICLE III
The privilege of the writ of habeas corpus shall not be suspended exceptincasesofinvasionorrebellion
when the public safety requires it.
The Writ ofHabeasCorpus(p roducethebody)isaremedywheneveraprivateindividualis
undulydeprivedofhisfreedombyanylawenforceroranymemberofthearmedforces.Itisanorder
of the court directed to the person detaining another, ordering him to produce the body of the
prisoneratadesignatedplaceandtime,andaskinghimtostatethereasonswhysuchpersonisunder
his custody. The writ is premeditated to restore the liberty of a private individual who is unjustly
deprivedofhisfreedom.TheprivilegeofthewritofhabeascorpuscanbesuspendedbythePresident
through one of his military powers.
SEC. 16, ARTICLE III
All personsshallhavetherighttoaspeedydispositionoftheircasesbeforealljudicial,quasi-judicial,or
administrative bodies.
Justicedelayedisjusticedenied.Anunreasonabledelayintrialcanbeconsideredasadenialof
dueprocess.However,notalllengthytrialsareunconstitutional.Delaysbroughtaboutbyreasonable
factors are allowed.
SEC. 17, ARTICLE III
No person shall be compelled to be a witness against himself.
The accused cannot forced to sit on the witness stand and testify— itistheaccused’sright
againstself-incrimination.Theaccusedmustanswerallsearchingquestionsthatwillbeaskedbythe
prosecution during cross-examination.
29 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
Naturally,hewilldefendhimselfbeforethecourt.However,thereisariskthathemightincur
another criminal offense which is perjury. The moment he sits on the witness stand, an accusedis
deemedtohavewaivedhisrightagainstself-incriminationandcannolongerinvokesuchrightinthat
proceeding.
SEC. 18, ARTICLE III
(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2)Noinvoluntaryservitudeinanyformshallexistexceptasapunishmentforacrimewhereoftheparty
shall have been duly convicted.
No one is allowed to be imprisoned because of his political beliefs. It is unjust to imprison
someone who merely contemplates and has not physically acted.
Involuntary servitude pertains to the conditionofapersonwhoiscompelled,orforcedto
workorprovidelaborservicesagainsthiswill.Itisunconstitutionaltoforcesomeonetolaboragainst
his free will.
Exemptions of Involuntary Servitude
1. Punishment for a crime whereof one has been duly convicted
2. Service in defense of the State
3. Naval or merchant marine enlistment
4. Posse comitatus
5. Patria potestas. The minor children who are under the custody oftheirparentsmayrequire
them to perform certain acts and duties
30 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
SEC. 19, ARTICLE III
(1)Excessivefinesshallnotbeimposed,norcruel,degradingorinhumanpunishmentinflicted.Neither
shall the death penaltybeimposed,unless,forcompellingreasonsinvolvingheinouscrimes,theCongress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2)Theemploymentofphysical,psychological,ordegradingpunishmentagainstanyprisonerordetainee
ortheuseofsubstandardorinadequatepenalfacilitiesundersubhumanconditionsshallbedealtwithby
law.
Excessive fines are unreasonable feesorfinesimposedaspunishmentforthecommissionof
an offense. Apunishmentis not cruel or unusual unlessit is barbarous and unknown to law.
Reclusion Perpetua is imprisonment for at least thirty (30) years after which the convict
becomes eligible for pardon. The Philippines first abolished the death penalty under the 1987
Constitution.ItwasthefirstAsiancountrytoabolishthedeathpenaltyforallcrimes.Followingthis
abolition, all death sentences were reduced to reclusion perpetua or life imprisonment.
SEC. 20, ARTICLE III
No person shall be imprisoned for debt or non-payment of a poll tax.
No one should beimprisonedbecauseofpoverty.Ifapersonhasnomeanstopayadebt,he
cannotbeforcedtodosowiththethreatofimprisonmentbecausethatisunconstitutional.However,
if it involvesacrime,thenitwillbepossible.Inthiscase,apersonwillbeimprisonednotbecausehe
has no money to pay for his debt but because a crime has been committed.
31 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE III: BILL OF RIGHTS
SEC. 21, ARTICLE III
Nopersonshallbetwiceputinjeopardyofpunishmentforthesameoffense.Ifanactispunishedbyalaw
andanordinance,convictionoracquittalundereithershallconstituteabartoanotherprosecutionforthe
same act.
TheRightagainstDoubleJeopardyprohibitsanysubsequentprosecutionofanypersonfor
a crime of which he has previously been acquitted or convicted. It embraces two (2) instances: the
double jeopardy for the same offense and the double jeopardy for the same act.
Requisites for Double Jeopardy
1. A valid complaint or information
2. Filed before a competent court
3. Valid plea
4. The accused must have been convictedoracquittedorhiscasedismissedwithouthisexpress
consent
SEC. 22, ARTICLE III
No ex post facto law or bill of attainder shall be enacted.
AnExPostFactoLawhasaretroactiveapplicationandhastheeffectofpenalizinganactthat
wasnotyetcriminalwhenitwasdoneinthepast.Italsoaggravatesacrimeormakesitgreaterthanit
waswhencommitted.Thisruleacceptsexceptionsiftheretroactiveapplicationofalawisbeneficialto
theaccusedorcriminal.However,itmustbenotedthatthebenefitsofalawwillnotbeappliedifthe
accused is ahabitual criminal.
TheRightagainstaBillofAttainderincludesallkindsoflegislationthathavetheeffectof
punishing or penalizing an act without due process.
32 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE IV: CITIZENSHIP
Citizenshipismembershipinapoliticalcommunitythatismoreorlesspermanentinnature.
It also embraces the citizens’ concomitantrightsandresponsibilities.Thismeansthatitisaprivilege
that can only be enjoyed by those willing to bear all the duties that flow with it.
A citizenis a person who has the attributes of citizenship. An alien is a citizen ofanother
country who may be residing in the Philippines or merely passing through another country. While
their rights are limited, he is still given protection by the State.
Who are the Citizens of the Philippines?
SEC. 1, ARTICLE IV
[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.
Theparagraphone(1)referstothosewhoarealreadyFilipinocitizensduringthetimeofthe
adoption of the 1987 Constitution. It was adopted on February 2, 1987— the time whenpeople
voted to ratify the constitution. Those who were already Filipino citizens during that time are still
considered to be Filipino citizens under the new constitution. So in case an individual was born in
1970, then the 1935 Constitution governs his citizenship.
Theparagraphtwo(2)referstothechildrenofFilipinoparents.Thisprovisionadoptedthe
principleofJusSanguinis.Theframersusedconnectiveorinitswordings“thosewhosefathersOR
mothers” to tell that even ifonlyoneoftheparentsisaFilipinocitizenwillbeenoughtosatisfythe
condition provided in the constitution. The Filipino parent could either be the father or the mother.
33 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE IV: CITIZENSHIP
The paragraph three (3) provides that those who were born before January 17, 1973, of
Filipinomotherscanbeconsiderednatural-bornFilipinocitizensonlyiftheyelecttobecomeFilipino
citizensuponreachingtheageofmajority.HecanonlyelectPhilippinecitizenshipinthespanofthree
(3) years. During the 1935 Constitution, Filipino women married to foreignhusbandsacquiredthe
citizenship of the foreign husband.
The paragraph four (4)refers to the process of naturalization. Naturalization is the actof
formallyadoptingaforeignerintothepoliticalbodyofanationbyclothinghimwiththeprivilegesof
a citizen. It can be voluntarily or involuntarily when it is by operation of law.
Direct Naturalization
1. An individual through judicial or administrative proceedings
2. A special act of legislature
3. A collective change of nationality, as a result of cession or subjugation (En Masse
Naturalization)
4. By the adoption of orphan minors as nationals of the State where they were born
Direct Naturalization Can Take Place Under Three (3) Circumstances
1. Judicial Naturalization under Commonwealth Act No. 473 as amended
2. Administrative Naturalization under Republic Act No. 9139
3. Legislative Naturalization in the form of a law enacted by Congress bestowing Philippine
citizenship to an alien
34 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE IV: CITIZENSHIP
Derivative Naturalization
1. The wife of a naturalized husband
2. The minor children of the naturalized parent
3. The alien woman upon marriage to a national
Qualifications of an Alien
1. Age - he must be at least 21 years of age at the date of the election.
2. Residence - 10 years or more in the Philippines.
3. Goodmoralcharacter-heshouldhaveconductedhimselfinanirreproachablemannerduring
his stay.
4. Property qualification - he must have some lucrative trade, profession, or calling.
5. Education-hemustbeabletospeak,writeEnglishorSpanishoraprincipaldialect.Hemust
have enrolled his children in a recognizedschoolinthePhilippineswhichteachesPhilippine
History, Civics and Government.
SEC. 2, ARTICLE IV
Natural-borncitizensarethosewhoarecitizensofthePhilippinesfrombirthwithouthavingtoperform
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.
Natural-borncitizensarecitizenswhoarecitizensfrombirthwithouthavingtodoanything
orundergoaprocessinordertoperfecttheircitizenship.Anaturalizedcitizenmustundergoalegal
process and must possess all the qualifications and none of the disqualifications.
SEC. 3, ARTICLE IV
Philippine citizenship may be lost or reacquired in the manner provided by law.
35 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE IV: CITIZENSHIP
Citizenshipismorethanjustaright.TheStatehastherighttoregulateitandmayevendenyit
as inthecaseofnaturalizationproceedings.Lossofcitizenshipentailsthattheformercitizenshiphas
already been stripped and the former citizen no longer enjoys the benefits of a citizen.
How Citizenship Lost
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing to an oath of allegiance
4. By rendering services to or accepting commission in the armed forces of a foreign country
5. By cancellation of the certificate of naturalization
6. ByhavingbeendeclaredbycompetentauthorityadeserterofthePhilippineArmedForcesin
time of war
SEC. 4, ARTICLE IV
CitizensofthePhilippineswhomarryaliensshallretaintheircitizenship,unlessbytheiractoromission,
they are deemed, under the law, to have renounced it.
In the old law, Filipinas who marry foreigners automatically acquire the citizenship of the
husband if the law of the foreigner husband permits it. However, this is no longer the case in the
present legal system. Under the 1987 Constitution, a Filipina who marries a foreigner retains her
citizenship unless shedecidestorenounceitexpressly.ThisistoprotectFilipinawomenandprevent
them from being stateless individuals without a constitutional grant.
SEC. 5, ARTICLE IV
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
36 PHILIPPINE GOVERNMENT AND POLITICS
ARTICLE IV: CITIZENSHIP
There is a distinction between dual citizenship and dual allegiance. Dual Citizenship is
allowed by the fundamental law; it is a result of two statesthathaveconflictinglawsoncitizenship.
Dual Allegiance has been declared inimical to public policy and therefore prohibited. It happens
whenacitizenappliesforcitizenshipinanothercountrywhichwillrequirehimtopledgehisloyaltyto
that state. He renounced his former citizenship by doing this.
Dual Citizenship Dual Allegiance
It is allowed by the Constitution. Prohibited by the Constitution.
Not inimical to the public interest. Inimical to public interest.
I t happens when two states have different I t happens when a citizen of a state pledges
citizenship laws conflict with each other. allegiance to another state.
Not a product of a citizen’s voluntariness. A product of a citizen’s voluntariness.
37 PHILIPPINE GOVERNMENT AND POLITICS
REFERENCES
Albano,E.V.,(+),Albano,E.V.,III,Albano,E.V.,JR.,&Albano-Pua,M.K.(2022).Philippine
Government and Constitution(2022 First Edition).Central Book Supply, Inc.
CD Duka Law. (2021, September 21). ART. 2 - 1987 CONSTITUTION / DECLARATION OF
PRINCIPLES & STATE POLICIES [Video]. YouTube.
https://www.youtube.com/watch?v=H7dVQX4qXoU
Cydni. (2016, June 28). Eminent Domain - definition, examples, cases, and processes. Legal
Dictionary.https://legaldictionary.net/eminent-domain/
DEATH PENALTY AND ‘MOST SERIOUS CRIMES’ The reintroduction ofthedeathsentence
for drug-related offences in the Philippines. (2022).
https://chr.gov.ph/wp-content/uploads/2022/05/final-A2022-002-Death-Penalty-and-Most
-Serious-Crimes-Advisory.pdf
fruit of the poisonous tree. (n.d.). LII / Legal Information Institute.
https://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree
Riodique, F., III, & Ramos,G.(2015).IntroductiontoPhilippineGovernment&Politics:With
Basic Constitutional Principles. Mindshapers Co.,Inc.
38
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