Administrative Powers MEMBERS OF THE JBC

1. Temporary assignment of judges [not more 1. Chief Justice

than six months without his
2. Secretary of Justice
consent]
3. Representative of Congress
2. Change of venue
4. Rep. of Integrated Bar
3. Promulgate rules of court [Cases/questions]
5. Professor of law
4. Appoint its officials
6. Retired SC member
7. Private sector representative
Moot and Academic, exceptions: David/GRP
cases
Period for making Decisions
1. there is a grave violation of the Constitution
1. Supreme Court – 24 months
2. the exceptional character of the situation and
the paramount public 2. Court of Appeals – 12 months
interest involved 3. RTC/MTC – 3 months
3. the issue raised requires formulation of 4. Sandiganbayan and CTA?
controlling principles to guide
the bench, the bar and the public
Tenure refers to the length of time an employee
4. the case is capable of repetition yet evading has been employed by an organization, and
review. typically implies job security and protection
from arbitrary dismissal. On the other hand,
2. Locus Standi – personal and substantial
term refers to a specific period of time for
interest, will sustain or has
which an employment agreement is in effect,
sustained a direct injury (IBP, In re Bermudez) and may or may not include provisions for job
security or renewal.
1. Any citizen –
a. -martial law/habeas corpus/
Constitutional Comission
b. public rights – Chavez v. PCGG
nstitutional Independence Safeguards:
c. – question of transcendental
importance;Tatad/Oil 1. Salary is fixed by law and cannot be
decreased (Sec. 3)
Derregulation/Bayan Muna -VFA
2. Power to appoint their officials (Sec. 4)
/Tanada – WTO -David v. GMA
3. Fiscal Autonomy (Sec. 5)
2. Voters – validity of election laws/affecting
right as voter -Quinto 4. Power to Promulgate Rules (Sec. 6)
3. Taxpayer – illegal disbursement of funds or to 5. Prohibition from appointments in an acting
challenge a revenue law [Macalintal, Chavez v. capacity
PCGG)
Qualifications/COA the government)
1. Natural-born citizens 2. To examine and audit government
expenditures (all money going out)
2. At least 35 years of age
3. To settle government accounts (win a case
3. CPA or lawyer with 10 years practice [not
against the government, go
same profession]
to COA to satisfy the same)
4. Not a candidate in the immediately preceding
election [WHO ARE] REQUIRED TO BE AUDITED:
[No designation in temporary or acting capacity] 1. Government
[No reappoint…]
2. Subdivisions, agencies or instrumentalities
Remember, you have 3 commissioners of the (LGUs)
COA, 3 in the CSC and 7 in the
3. Government owned or controlled corporations
COMELEC. You have a total of 13 people in the with original charters
3 Commissions.

An incompatible office means someone holds

Age requirements in the Constitution: two public positions and: One is subordinate to
the other One is supervisory of the other There is
• Congressman: 25
a breach of duty of one public office resulting
• Senator: 35 from the performance of the duties of the other
public office
• President: 40
• Justice of the SC: 40
There are two (2) types of money claims
which COA may be confronted with.
Lame duck provision (CSC) 1.The first type covers money claims originally
If you lost in an election, you filed with the COA.

cannot be appointed to any office 2. The second type of money claims refers to
those which arise from a final and executory
within 1 yea judgment of a court or arbitral body.

The definition of ex officio in law is much the REQUISITES FOR THE ROTATIONAL
same as with board directors. In law, it means SCHEME
someone who has a particular right because of
an office they hold. 1. The terms of the first 3 commissioners
start on the same date
2. 2. Any vacancy should be filled in for
the unexpired balance of the term
THREE-FOLD] FUNCTIONS OF COA:
1. To examine & audit government
ad interim appointments or those appointments
revenue/receipt (all money coming in
made during the recess of Congress.
  An ad interim appointment is a No impeachment proceedings shall be initiated
permanent appointment because it takes against the same official more than once within
effect immediately and can no longer be a period of one year.
withdrawn by the President once the
It is easy to impeach somebody, to file a
appointee has qualified into office
complaint because you need only 1/3 of the
 Two months before the next presidential
members of the House. But it is very difficult to
election and up to the end of his term,
convict him because you need 2/3 of all the
the president cannot appoint anyone
members of the Senate.
except the appointment to executive
position but never to the COMELEC Impeachment is a process to bring charges
against a public official, suggesting they
ACCOUNTABILITY OF PUBLIC
committed an offense while in office.
OFFICIALS ART. 11
Conviction, on the other hand, is the conclusion
Impeachable Officers of a trial process, where the charged individual
is found guilty.
1. President
2. Vice-President
Procedure in IMPEACHMENT
3. Members of the Supreme Court
1. There must be a verified complaint filed by
4. Members of the 3 Constitutional
any member of the
Commissions
House or by any citizen with a resolution of
5. Ombudsman [Mojica case]
endorsement from
You have 15 Justices of the Supreme Court. So
a House member
we now have 17 officials who are impeachable.
We have three from the Civil Service 2. Within 10 days, it shall be included in the
Commission, three from Commission on Audit, order of business
and seven from the Commission on Election –
and referred to the proper committee within 3
that’s 13. So, 13 + 17 = 30. Finally, the
days from
Ombudsman. That makes it 31
inclusion
3. Within 60 session days, the committee shall
Grounds for Impeachment forward its report
1. Culpable violation of the Constitution with the committee resolution
2. Treason 4. Within 10 days, the House shall calendar it for
3. Bribery resolution

4. Graft and corruption 5. The committee resolution can be affirmed or

overruled by 1/3
5. Other high crimes
of the members of the House
6. Betrayal of public trust
To impeach an official because all that is needed
is 1/3 of the votes and it will be binding a Justice of the SC cannot be the subject of an
administrative investigation during his tenure. of fees as a show of goodwill to the U.S.
However, when he retires, the SC found him because of the continuing harmonious RP-US
guilty and fined him 500K for leaking a draft relations.
decision of the Supreme Court.
Cite at least two (2) grounds for impeachment
3 cases you can file the President and explain why you chose them. (6%)
1. Election protest One is culpable violation of the Constitution.
Because under the Constitution actually when it
2. Quo warranto under the PET
comes to the presence of foreign troops and
3. Impeachment facilities in Philippine soil you need a treaty
duly concurred in by the Senate. The second one
Quo warranto is a legal term that means "by is “entering into an agreement that is prejudicial
what authority or warrant?" It is a writ issued by to interest of the Government.” That is
a court to enquire into the legality of a claim of a punishable under the Anti Graft Law that is
person to a public office2. It is used to prevent aform of a corruption.
illegal usurpation of a public office by a
person2. It is a prerogative writ in British and It is like auditing the Commission on Audit, that
American common law. cannot be done. And secondly here also its
serious misconduct that can result to removal,
Quo warranto, on the other hand, is a legal since this people are impeachable officials they
remedy that tests the qualification of an official are not subject to the investigation of the
based on a cause existing at the time of the Ombudsman. That law will be unconstitutional.
issuance of the appointment.
What constitutes initiation of impeachment
Does the principle that an impeachable officer proceedings under the provision?
cannot be removed from office except by
impeachment still hold true? Republic v. Sereno, So I told you that is the filing of complaint in the
May 11, 2018. Answer: No. Impeachment is not House of Representatives and referral to the
an exclusive remedy. An impeachable officer appropriate Committee on Justice. After that,
can be removed by quo warranto. you cannot file anymore.

Impeachment is a procedure for removing high ARTICLE 11 NATIONAL PATRIMONY

ranking officials of the government. The
The Regalian Doctrine is a legal principle that
grounds there are listed: bribery, other high
holds that all lands and natural resources of the
crimes, etc. There are only 31.
public domain belong to the State.
2013, No. 5. As a leading member of the
It is not only the lands that belong to the State
Lapiang Mandirigma in the
but all natural resources.
House of Representatives, you were tasked by
Can aliens engaged in utilization and exploit of
the party to initiate the
natural resources?
moves to impeach the President because he
Yes, but only through Technical and Financial
entered into an executive
Assistance.
agreement with the US Ambassador for the use
Requisites:
of the former Subic Naval
1. Utilization of mineral, petroleum and other
Base by the US Navy, for free, i.e., without need
mineral oils
to pay rent nor any kind
2. Must be large scale exploration hundreds of hectares to a single private
corporation in one transaction. In the hands of
3. There must be a law setting down the terms
PEA, it is still considered not a private land but a
and conditions
public land. Therefore, it cannot be sold to
4. President must notify Congress within 30 Amari.
days of making agreement
Corporations cannot acquire alienable public
The doctrine of qualified political agency is a lands. This principle came from the case of
legal principle that holds that the heads of the Carino v. Insular Government 41
executive departments are the alter egos or
DIRECTOR VS IGLESIA
assistants of the President12. Therefore, their
official actions are presumed to be the actions of Supreme Court said once an alienable and
the President unless the President disapproves or disposable land has been occupied for a period
reprobates them12. of 30 years automatically by operation of law it
has been converted into private property. The
Can Filipino citizens and corporations directly
mere act of titling is a mere formality.
exploit natural resources?
mass media has to be 100% Filipino-owned.
Yes, but only through (3 methods):
That cannot be allowed because there is a
1. Co-production foreign equity. Even if it is only 5% or 10%, the
domestic corporation can no longer engage in
2. Joint venture mass media.
3. Production sharing Give a business activity the equity of which
Can aliens acquire private lands? As a rule, must be owned by Filipino citizens:
no. a) At least 60% - schools/educational
Exceptions: institutions, public utility

1. By hereditary succession b) At least 70% - only 1: advertising

2. If they are former Filipino citizens. [RA No. c) 100% - only 1: [mass media]
8179]:
a. 5000 square meters – urban 1. We have to disagree. An individual can
b. 3 hectares- rural acquire private land and he can also
acquire public land but the limit is 12
The 1987 Constitution prohibits private hectares. But a Filipino corporation
corporations from acquiring cannot acquire public lands absolutely,
but it can acquire private lands. 5.
alienable lands of the public domain. Amari,
2. That is correct. A foreign corporation,
being a private corporation, is
even individuals, cannot buy lands in the
barred from such acquisition. The Public Estates Philippines. They can only lease lands in
Authority (PEA) is not an the Philippines.

end user agency with respect to the reclaimed Jus sanguinis is a principle of nationality law
lands under the amended Joint by which nationality is determined or acquired
by the nationality of one or both parents123. It is
Venture Agreement, and PEA may simply turn also known as the "right of blood"23. Children
around and transfer several at birth may be nationals of a particular state if
either or both of their parents have nationality of
that state1. It may also apply to national
: A suit against a public officer for his official
identities of ethnic, cultural, or other origins.
acts is, in effect, a suit against the State if its
purpose is to hold the State ultimately liable.
However, the protection afforded to the public
Pursuant to the Philippine Bill of 1902,
officers by this doctrine generally applies only to
therefore, once a mining claim was made or a
activities within the scope of their authority done
mining patent was issued over a parcel of land
in good faith. In the present case, in enforcing
in accordance with the relative provisions of the
the Forestry Code through the seizure carried
Philippine Bill of 1902, such land was
out, the DENR officers were performing their
considered private property and no longer part of
functions and they did so within the limits of
the public domain. The claimant or patent holder
their authority. Hence, a suit against them who
was the owner of both the surface of the land
represent the DENR is a suit against the State
and of the minerals found underneath.
and it cannot prosper without the State’s consent
Waters were considered to be not natural
resources anymore they are not in their natural
state anymore. A nuisance per se is that which affects the
immediate safety of persons and property and
ARTICLE 16 GENERAL PROVISION
may be summarily abated under the undefined
The royal prerogative of dishonesty is a law of necessity
doctrine that grants the state the privilege to
INCORPORATED GOVERNMENT
defeat any legitimate claim against it by
ENTITIES As provided under PD 2029, series
invoking its non-suability.
of 1986, the term GOCCs is defined as a stock
Doctrine of Sovereign Equality. Meaning, all or non-stock corporation, whether performing
States are equal. If all States are equal, the Court governmental or proprietary functions, which is
of one State has no business bringing another directly chartered by a special law or if
state to its jurisdiction or subjecting it to trial organized under the general corporation law, is
because they are all equal. owned or controlled by the government directly,
or indirectly, through a parent corporation or
Mandamus ''we command'') is a judicial subsidiary corporation, to the extent of at least a
remedy in the form of an order from a court to majority of its outstanding capital stock or of its
any government, subordinate court, corporation, outstanding voting capital stock
or public authority, to do (or forbear from doing)
some specific act which that body is obliged There are two forms of waiver:
under law to do (or refrain from doing), and
1. Expressed – it is directly and clearly stated. It
which is in the nature of public duty, and in
leaves no room for doubt.
certain cases one of a statutory duty. It cannot be
issued to compel an authority to do something 2. Implied – you simply infer it from certain
against statutory provision circumstances. You conclude it
INJUNCTION a judicial order that restrains a out of certain circumstances
person from beginning or continuing an action
threatening or invading the legal right of
another, or that compels a person to carry out a  It must be clarified that when a state
certain act, e.g., to make restitution to an injured enters into a contract, it does not
party. automatically mean that it has waived its
 non-suability. The State “will be deemed whether it is proprietary or
to have impliedly waived its non- governmental)
suability only if it has entered into a  : There are two (2) types of money
contract in its proprietary or private claims which COA may be confronted
capacity. However, when the contract with. The first type covers money claims
involves its sovereign or governmental originally filed with the COA. The
capacity[,] x x x no such waiver may be second type of money claims refers to
implied.” those that arise from a final and
 PTA cannot invoke state immunity executory judgment of a court, or
simply because it is a government entity. arbitral body.
The application of state immunity is  Indeed, a final and executory judgment
proper only when the proceedings arise can no longer be disturbed, altered, or
out of sovereign transactions and not in modified in any respect, and that
cases of commercial activities or nothing further can be done but to
economic affairs. execute it.
 The State, in entering into a business
ART. XIV. ACADEMIC FREEDOM
contract, descends to the level of an
individual and is deemed to have tacitly Academic freedom, the freedom of teachers
given its consent to be sued. Since the and students to teach, study, and pursue
Intramuros Golf Course Expansion knowledge and research without
Projects partakes of a proprietary unreasonable interference or restriction from
character entered into between PTA and law, institutional regulations, or public
PHILGOLF, PTA cannot avoid its pressure.
financial liability by merely invoking
immunity from suit Who can enjoy academic freedom
 n sua sponte and its invocation cannot (1) For the Professor – The right of a faculty
be waived by the failure of the parties to member to pursue his studies and publish
argue it as the doctrine exists for the the results without fear of retribution or
proper distribution of power between penalties
judicial and administrative bodies and
not for the convenience of the parties. (2) For the Institution – The right to decide
 t, you cannot file a case against the the aims and objectives of the institution and
LGU. Whaat you should do is file a how best to attain them without interference
claim with the COA, because the LGU and coercion, except when there is an
also enjoys immunity from suit overriding public concern
 COA has primary jurisdiction over the
[3. Student ….
dispute and the Province is not estopped
from raising the issue of jurisdiction. The right to decide
 Local Government Code of 1991:
Section 22. Corporate Powers. - (a) 1. What to teach
Every local government unit, as a 2. How to teach
corporation, shall have the following
powers: § (1) To have continuous 3. Who should teach
succession in its corporate name; § (2)
4. Whom to teach
To sue and be sued; (Jody King and
Apostol seems to say: distinguish Can state intervene in Conferment of
Degrees/Honors/Disciplinary
Measures? the early stages of schooling. This
act of Congress was not only
1. Due process
constitutionally permissible, but was
2. Equal protection likewise an exercise of an exclusive
prerogative to which the Court
 as counsel for the parents of the cannot interfere with.
other religion, you will now say that
this is a violation of the non- ART. XVII. AMENDMENT AND
establishment clause because you REVISION
favor one religion over another. In a
Limits on the power of the people to
sense, it also violates the equal
change Constitution through
protection clause because the law is
not uniformly applied anymore. initiative:
That can be an argument.
1. They can only amend, not revise
 He failed in 3 major subjects. Your
argument is that the school has a 2. They cannot do it oftener than once
right to decide whom to teach, who every 5 years
are its students. So, if it decides to
throw out somebody, he failed in 3. There must be an enabling law
several subjects, that is a reasonable Who can propose amend/revise?
regulation, so the State should not
interfere. The State should only 1. Congress, upon ¾ vote of all
interfere if it is really unreasonable, members
if it violates the equal protection
2. Constitutional convention
clause, or he is not admitted
probably because of some reasons 3. The people through initiative (but
other than academic. only for amendment) (not more than
 Held: No. Section 7, Article XIV on
the use of the Filipino language as a once every 5 years)
medium of instruction is not self- Let us answer this question: Who can
executory. It is clear from the propose to amend/revise the
deliberations that it was never the Constitution? Take note here, this is
intent of the framers of the very important.
Constitution to use only Filipino and
English as the exclusive media of • When it comes to amendment – 1, 2,
instruction. It is evident that and 3
Congress has the power to enact a
• When it comes to revision – 1 and 2
law that designates Filipino as the
ONLY.
primary medium of instruction even
in the regions but, in the absence of (a) To exercise the power of initiative
such law, the regional languages or referendum, at least ten per
may be used as primary media of centum (10%) of the total number of
instruction. The Congress, however, the registered voters, of which every
opted not to enact such law. On the legislative district is represented by
contrary, the Congress, provided at least three per centum (3%) of the
that the regional languages shall be registered voters thereof, shall sign a
the primary media of instruction in
 petition for the purpose and register Constitution is silent therefore it should follow
the same with the Commission. its standard procedure that they should vote
(b) A petition for an initiative on the separately and the required number of votes
1987 Constitution must have at least should be obtained from each house.
twelve per centum (12%) of the total
What are the methods of amending the
number of registered voters as
Constitution? Explain briefly each method. (
signatories, of which every
legislative district must be [a] Regarding the method of amending. Entities
represented by at least three per can propose the Congress, then a constitutional
centum (3%) of the registered voters convention or it can be the people through
therein. Initiative on the initiative. These are the 3 methods of proposal
Constitution may be exercised only but all of them are eventually need plebiscite for
after five (5) years from the final approval by the people. That is for
ratification of the 1987 Constitution amending, the question is only for amending
and only once every five (5) years
thereafter. Cite at least three provisions of the Constitution
(c) (c) The petition shall state the that need to be amended or revised to effect the
following: change from unitary to federal, and briefly
explain why?
• The petition shall state the following:
To change from a unitary to a federal form of
• c.1 contents or text of the proposed law sought government, the Philippine Constitution would
to be enacted, approved or rejected, amended or need to be amended. Here are three provisions
repealed, as the case may be; that would need to be revised:
• c.2 the proposition; 1. Article II, Section 1: The Philippines is
a democratic and republican state.
• c.3 the reason or reasons therefor;
Sovereignty resides in the people and all
• c.4 that it is not one of the exceptions provided government authority emanates from
herein; them. This provision would need to be
revised to reflect the shift from a unitary
• c.5 signatures of the petitioners or registered
to a federal form of government. The
voters; and
new provision would need to recognize
• c.6 an abstract or summary proposition in not the sovereignty of the people in each
more than one hundred (100) words which shall state and the distribution of power
be legibly written or printed at the top of every between the federal government and the
page of the petition states.

The Constitution does not provide specifically 2. Article X, Section 3: The Constitution
that they have to sit and vote separately. In fact provides for the creation of autonomous
it is simply saying by ¾ vote of the Congress- regions in Muslim Mindanao and the
that implies they can sit together and come up Cordilleras. This provision would need
with a vote with ¾ of all the members is to be revised to allow for the creation of
obtained then that is a valid proposal. additional autonomous regions in other
parts of the country. The new provision
If you are against it say that: Since it is a would need to specify the powers and
bicameral body, they have to sit separately. responsibilities of the autonomous
Because if the Constitution would want them to regions and the relationship between the
sit together it would say so. But here, the
 federal government and the autonomous disloyalty such as rebellion, sedition, firearm
regions. laws and crimes against national security, but
automatically regains the right 5 years after
3. Article XII, Section 2: The Constitution
service of sentence
provides for the exploration,
development, and utilization of natural 4. Insane and incompetent person as
resources. This provision would need to declared by competent authority
be revised to reflect the shift from a
Republican, that means we are ruled through
unitary to a federal form of government.
our representatives whom we voted into office.
The new provision would need to
That is the essence of republicanism, or
specify the distribution of natural
government by representation.
resources between the federal
government and the states. The doctrine of necessary implication applies
to cases where money or property of a party is
ARTICLE V. SUFFRAGE
received under such circumstances that the
Suffrage (Art. V) general law implies an obligation to do justice
with respect to the same
Who can vote? [Local Voter]
One of the rules of statutory construction used to
1. Citizens of the Philippines
fill in the gap is the doctrine of necessary
2. At least 18 years (on election day) implication. The doctrine states that what is
implied in a statute is as much a part thereof as
3. Not otherwise disqualified by law that which is expressed.
4. Resident of the Philippines for at least one Exemption to sec 1 the section 2
year
Absentee Voter: Qualifications
5. Resident of the place where they propose to
vote for at least 6 month o you want results only 1. Filipino citizen
for domicile vs resident? 2. 18 years old
Residency is legally defined as “your place of 3. Not otherwise disqualified by law
abode.” It’s where you live right now. Your
domicile is your legal, permanent residence; it’s 4. Executes an affidavit to return within 3 years
the place where you intend to return after your from the approval of his registration
absence. Your domicile is what ties you to a
Dual citizens can vote, except:
specific state. You can have many residences but
only one domicile. 1. if he's a candidate in the foreign country,
Who are Disqualified? 2. he's a public official or
1. Any person sentenced by final judgment to a 3. he is an active member of the Armed Forces
penalty of not less than
Congress is not allowed to impose property,
one year, but he automatically regains the right 5 literacy or other substantive requirement. It’s
years after service of allowed to impose procedural requirement.
“Vaccine” is not really property, is not really
sentence
literacy.
2. Any person adjudged by final judgment for
classification:
any crime involving
1. Citizens (2) Those whose fathers or mothers are citizens
of the Philippines;
a. Natural-born
[jus sanguinis]
b. Naturalized
(3) Those born before January 17, 1973, of
c. Dual
Filipino mothers, who
2. Aliens
elect Philippine citizenship upon reaching the
3. Stateless Individuals (Art. 21 of the Family age of majority;
Code
and
(4) Those who are naturalized in accordance
ARTICLE IV. CITIZENSHIP with law

Citizenship, relationship
between an individual and a Jus sanguinis, defined
state to which the individual It is a principle of nationality law by which
owes allegiance and in turn is citizenship is determined or acquired by the
entitled to its protection. nationality of one or both parents. It is a rule of
Citizenship implies the status law that a child's citizenship is determined by
that of his or her parents.
of freedom with accompanying
responsibilities. Citizens have The 1935 Constitution provides that election
should be made upon reaching the age of
certain rights, duties, and majority. The phrase “reasonable time” has been
responsibilities that are denied interpreted to mean that the election should be
or only partially extended made within 3 years from reaching the age of
to aliens and other noncitizens majority but it is not an inflexible rule.
residing in a country. How do you elect? Ma v. Commissioner
(2010)
A stateless person is someone who is not
considered as a national by any state under the (a) Residing in the Philippines
operation of its law. Stateless individuals are not
legally considered a citizen of any country, and (1) statement of election under oath
therefore may be denied legal identity, and (2) Oath of allegiance to the
struggle to access education, healthcare, Constitution/Government
marriage, and job opportunities.
(3) Registration of (1) and (2) with Civil
ARTICLE IV CITIZENSHIP Registrar
SECTION 1. The following are citizens of the (b) Residing abroad
Philippines:
• Register with the Philippine diplomatic or
(1) Those who are citizens of the Philippines at consular office
the time of the
• Re Application for Admission and Sagun
adoption of this Constitution; cases: Can there be an implied election
Those who are naturalized in accordance with 1. Naturalization
law:
2. Direct Act of Congress
(a) Judicial naturalization (CA 473)
3. Repatriation
(b) Administrative naturalization
4. By taking an oath of allegiance under RA
(c) Legislative naturalization 9225 (natural-born)
Judicial Naturalization 4. By taking an oath of allegiance under RA
9225.
1. Declaration of intention with OSG
Some points on repatriation: Who are qualified?
2. File petition with RTC
RA 9225.
3. Publication with OG and 1 newspaper
4. If granted, rehearing after 2 years
1. Deserter in the armed forces (CA 63)
5. Oath of allegiance
2. Filipina who lost citizenship by marriage to an
Natural-born, those who are born of Filipino alien (RA 8171)
parents, either the Father are Mother, are
3. Natural born who lost it by political or
considered natural-born. Also those who did not
economic necessity
perform any act in order to acquire or perfect
their citizenship are considered natural-born. (Angat/Tabasa)
Naturalized are those who underwent a
4. Any natural born who lost it by naturalization
procedure, either administrative, legislative, in
[PD 725]
order to acquire Philippine citizenship. They are
considered naturalized. 5. Joining Armed Forces of US without consent
of Philippine government
Sec. 3. Philippine citizenship may be lost or
reacquired in a manner [Bengzon/RA 2630]
provided by law. This is what I told you a while ago that
Repatriation is not a judicial process but is an
Grounds for loss: (CA 63)
administrative process
1. Naturalization in a foreign country, except if
This is what the alien woman should do in order
he avails of RA 9225.
that she will be considered a Filipino citizen
2. Express renunciation of citizenship
(1) The alien woman must file a petition for the
3. Subscribing to an oath of allegiance to support cancellation of her alien certificate of
laws of another country registration alleging, among other things, that
she is married to a Filipino citizen and that she is
4. Rendering service in the armed forces of not disqualified from acquiring her husband’s
another country (ex: defense citizenship pursuant to Section 4 of
treaty) Commonwealth Act No. 473, as amended.

5. Cancellation of certificate of naturalization (2) Upon the filing of said petition, which should
be accompanied or supported by the joint
6. Desertion in the armed forces affidavit of the petitioner and her Filipino
husband to the effect that the petitioner does not
Modes of Reacquisition
belong to any of the groups disqualified by the 1. Completeness Test- The law must be
cited section from becoming naturalized Filipino complete in all its terms and conditions that the
citizen x x x, delegate will only have to enforce it.
(3) the Bureau of Immigration conducts an 2. Sufficient Standard Test- The law must
investigation and promulgates its order or contain adequate guidelines to prevent the
decision granting or denying the petition. delegation from running riot
(4) If granted, she shall take an oath of VALID ADMINISTRATIVE RULES WITH
allegiance to support the Constitution and laws PENAL SANCTIONS:
of the Philippines.
1. The statute must authorize promulgation of
B. Causes of Dual Citizenship penal sanctions.
(1) Those born of Filipino fathers and/or 2. The penalty must be provided by the statue
mothers in foreign countries which follow the itself.
principle of jus soli;
3. The regulation must be punished in the
(2) Those born of Filipino mothers and alien Official Gazette
fathers if by the laws of their father’s country
Grounds for loss of seat:
such children are citizens of that country; a. In
the Philippines, if either your father or mother is 1. Sec. 13. Holding of incompatible office or
a Filipino, then you’re a Filipino. But it may employment
happen also that under the laws of your father’s
or mother’s country, you’re also a citizen of that 2. Sec. 16. Expulsion as penalty for disorderly
country. So, that is involuntary. behavior
3. Sec. 17. Disqualification after an election
contest
(3) Those who marry aliens if by the laws of the
latter’s country the former are considered 4. Sec. 7. Voluntary renunciation
citizens, unless by their act or omission they are 1993, N0. 11: How may Congressmen and
deemed to have renounced Philippine Senators be removed from office?
citizenship.
Are the grounds exclusive? Dimaporo v. Mitra
(4) Those who retained or reacquired Philippine [BP 881 – running for Governor
citizenship under the provisions of R.A. No.
9225. of ARMM]

Can you run for or get appointed to a public

office?
(a) Make a personal and sworn renunciation
of all foreign citizenship upon filing
(b) (b) Residency requirement [Caasi]
(c) ) Not a candidate in a foreign country,
not occupying public office or in the
armed forces of the foreign country
Tests for a valid delegation