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**Constitution** is a written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the bo...

**Constitution** is a written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Phil. Constitutional Law, 6). Nature of the Constitution ========================== Purpose of the Constitution =========================== 1. **As to their origin and history** **Conventional or enacted** **\***One which is enacted by a constituent assembly or granted by a monarch to his subjects. **Cumulative or evolved** **\***One which is a product of growth or a long period of development originating in customs, traditions, and judicial decisions. **\***It evolves through a gradual political process. **\***It results from historical evolution and growth rather than from deliberate and formal enactment. **2.** **As to their form** **Written** **\***One which has been given definite written form at a particular time, usually by a special constituted authority called a "constitutional convention or constitutional assembly". **\***One where the provisions are embodied is a single written instrument or instruments. **\***It is the product of a deliberate effort to lay down a body of fundamental principles under which government shall be organized and conducted. **Unwritten** **\***One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates. **\***It is one where most of the provisions are not in writing. 3. **As to manner of amending them** **Flexible** **\***One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws. **Rigid** **\***One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legal process. **The Philippine Constitution may be regarded as conventional, written and rigid.** **Essential Requisites of a Good Written Constitution** must be **broad** -- it must outline an organization of the government for the whole state, in addition, a statement of the powers and functions of the government, and of its relations between the governing body and the governed, requires that it must be comprehensive as possible. It must be **brief** -- if the constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. It would never be understood by the public. It must be definite -- any vagueness which may result in the opposing interpretation of its provisions may cause incalculable harm and chaos to the nation ESSENTIAL PARTS OF THE CONSTITUTION ======================================================== - - - EVOLUTION OF THE PHILIPPINE CONSTITUTION ======================================== The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12, 1898. **In 1899, the Malolos Constitution, the first Philippine Constitution -**the first republican constitution in Asia --- was drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901. **On Sept. 18 1898 Malolos Congress convened in Barasoain Church** During the American Occupation, the Philippines was governed by the laws of the United States of America. Organic Acts were **plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with the inauguration of the Commonwealth of the Philippines.** Among its provisions was that it would remain the constitution of the Republic of the Philippines once independence was granted on July 4, 1946. **The 1943 Constitution was used by the Second Republic with Jose P. Laurel as President.**  When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory constitution. Significant Features of the 1987 Philippine Constitution -------------------------------------------------------- +-----------------------------------------------------------------------+ | **The Preamble** | | | | We, the sovereign Filipino people, imploring the aid of Almighty God, | | in order to build a just and humane society and establish a | | Government that shall embody our ideals and aspirations, promote the | | common good, conserve and develop our patrimony, and secure to | | ourselves and our posterity the blessings of independence and | | democracy under the rule of law and a regime of truth, justice, | | freedom, love, equality, and peace, do ordain and promulgate this | | Constitution. | +-----------------------------------------------------------------------+ | | +-----------------------------------------------------------------------+ Meaning, Objective and Importance of the Preamble ------------------------------------------------- --------------------------- **Assessment Task No. 1** --------------------------- Comprehension Check =================== \_\_\_\_\_.The Constitution is the law to which all other laws must conform. \_\_\_\_\_.The Constitution is binding to all individual citizens and all organs of the government. \_\_\_\_\_.The Constitution establishes basic framework and underlying principles of government. \_\_\_\_\_. A conventional type of constitution is one that is based on customs and traditions. \_\_\_\_\_. The constitution of the Philippines is a conventional, written and a rigid type of constitution. \_\_\_\_\_. In a flexible or elastic type of constitution, it is possible to do amendments in an ordinary legislative process. \_\_\_\_\_. The 1973 Constitution under President Marcos was never a valid constitution. **[II.] IDENTIFICATION**. (6 points) Who was the president of the Philippines at the time of the 1943 Constitution? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ This was the constitution that the country used while the constitutional assembly, together with Cory Aquino, were still drafting the official constitution. [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] What is the name of the constitution that the country is using at present? [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] Concept of a State ***Nation, State, Nation-State*** To better understand nationalism, one must learn first the concepts of nation and nationhood as well as state and nation-state. - **Nation is a community of people that are believed to share a link with one another based on cultural practices, language, religion or belief system, and historical experiences, to name a few.** - **State is a community of persons more or less numerous, permanently occupying a definite portion of territory, having government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.** - **Nation-state, in a way, is a fusion of the elements of the nation (people/community) and the state (territory). The development of nation-states started in Europe during the periods coinciding with the Enlightenment. In the contemporary world, the existing nation-states continuously strive with the projects of nation-building especially since globalization and transnational connections are progressing.**  IMG\_256 +-----------------------------------------------------------------------+ | **Article I: National Territory** | | | | **The national territory comprises the Philippine archipelago, with | | all the islands and waters embraced therein, and all other | | territories over which the Philippines has sovereignty or | | jurisdiction, consisting of its terrestrial, fluvial, and aerial | | domains, including its territorial sea, the seabed, the subsoil, the | | insular shelves, and other submarine areas. The waters around, | | between, and connecting the islands of the archipelago, regardless of | | their breadth and dimensions, form part of the internal waters of the | | Philippines.** | +-----------------------------------------------------------------------+ | | +-----------------------------------------------------------------------+  The National Territory of the Philippines (sec. 1) -------------------------------------------------- COMPONENTS OF TERRITORY ----------------------- ------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------- -- **Terrestrial Domain** **Aerial Domain** The airspace above the terrestrial domain and the maritime and fluvial domain of the state, to an unlimited altitude but not including the outer space. ------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------- -- The Archipelagic Doctrine ------------------------- SCHEMATIC MAP OF MARITIME ZONES -------------------------------  +-----------------------------------------------------------------------+ | **Territorial Waters or Maritime Zone** | | | | All waters seaward to a line of 12 nautical miles distant from the | | archipelagic baseline over which the Philippine exercises | | jurisdiction. | +-----------------------------------------------------------------------+ | **12-mile Contiguous Zone** | | | | All waters seaward to a line of 12 nautical miles distant from the | | outer limits of territorial waters, under which the Philippines has | | control necessary to prevent infringement of its customs, fiscal, | | immigration, or sanitary regulations. | +-----------------------------------------------------------------------+ | **200-mile Exclusive Economic Zone (EEZ)** | | | | An area beyond and adjacent to the territorial sea, not to exceed | | 200-nautical miles from the baseline, where the Philippines has an | | exclusive right to explore and exploit natural resources found | | therein and limited jurisdiction over matters involving customs, | | fiscal, health, safety, and immigration laws and regulation. | +-----------------------------------------------------------------------+ archepelagic doctrine The Importance of Defining our National Territory ------------------------------------------------- It is very important to define exactly and accurately the national territory of each state. The territory represents the jurisdiction of the state of which it has dominion, where its laws are applicable and its authority enforceable. The Philippines as a sovereign state can, enact its laws and all other powers or sovereigns are excluded in its jurisdiction and effect. Delineation of national territory also prevents conflicts. ARTICLE II -- -- ***SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.*** [\*\*\* Democratic and Republican State] ***SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.*** ***SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.*** \*\*\* The President being the Commander-in --Chief of the Armed Forces of the Philippines, appoints the military ranking , determines the military budget, defines the national policy on defense and security. ***SECTION 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.*** ***SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.*** ***SECTION 6. The separation of Church and State shall be inviolable.*** a. b. c. d. e. -------------------- **STATE POLICIES** -------------------- ***SECTION 7. 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.*** ***SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.*** ***SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence 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.*** ***SECTION 10. The State shall promote social justice in all phases of national development.*** ***SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.*** ***SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from 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.*** ***SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.*** ***SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.*** ***SECTION 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.*** ***SECTION 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.*** ***SECTION 17. 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.*** ***SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.*** ***SECTION 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.*** ***SECTION 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.*** ***SECTION 21. The State shall promote comprehensive rural development and agrarian reform.*** ***SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.*** ***SECTION 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.*** ***SECTION 24. The State recognizes the vital role of communication and information in nation-building.*** ***SECTION 25. The State shall ensure the autonomy of local governments.*** ***SECTION 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.*** ***SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.*** ***SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.*** *Oposa v. Factoran, Jr. 224 SCRA 792* *Laguna Lake Devlopment Authority v. CA G.R N. 12086571* *MMDA v. Residents of Manila Bay G.R no. 171947-48* *Pamatong v. Comelec G.R No. 161872* ARTICLE III Bill of RightS Article III of the Philippine Constitution is the Bill of Rights. It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State. It is one of the most important political achievements of the Filipinos. The concept of a Bill of Rights, as such, is essentially an occidental product. For a number of centuries in British, French, and American political thought, there has grown the conviction that the rights of the individual must be preserved and safeguarded, not through the authority of an individual, not through membership in a particular group or party, not through reliance upon force of arms, but rather through the accepted processes of declared constitutional law. Classification of Rights 1. Natural Rights - They are those rights possessed by every citizen without being granted by the State for they are given to man by God as human being created to His image so that he may live a happy life. Examples right to life, the right to liberty, the right property and the right to love. 2. Constitutional rights - They are those rights which are conferred and protected by the Constitution.Since they are part of the fundamental law, they cannot be modified or take away by law making body 3. Statutory rights - They are those rights which are provided by laws promulgated by the law making body and consequently, may be abolished by the same body. Examples are the right to receive a minimum wage and the right to adopt a child by unrelated person. Classification of Constitutional Rights a. Political rights b. Civil rights c. Social and economic rights d. Rights of the accused **SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws**. What are the two types of due process in the Philippines? Procedural due process refers to the process used to try and convict defendants accused of crimes, while substantive due process is a principle allowing courts to prevent government interference with fundamental rights. IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?    The requirements of procedural due process are as follows:\ 1. There  must  be  an  IMPARTIAL  AND  COMPETENT  COURT  with judicial power to hear and determine the matter before it.\ 2. Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person of the defendant or over  the  property  subject  of  the proceeding\ 3. The defendant must be given an OPPORTUNITY TO BE HEARD\ 4. Judgment must be RENDERED UPON LAWFUL HEARING \[G.R. No. L-23174. September 18, 1967.\]\ \ CONCEPCION MACABINGKIL, Petitioner, v. HON. NICASIO YATCO, Judge of the Court of First Instance of Rizal, Quezon City, Branch PROVINCIAL SHERIFF OF RIZAL and SHERIFF OF QUEZON CITY, IRENE DE LEON and her husband VICENTE LLANES, Respondents.\ \ Teofilo V. Ogsime for Petitioner.\ Lea T. Castelo for Respondents. What is the substantive law in the Philippines? Substantive law is that part of the law which creates, defines and regulates rights, or which regulates the right and duties which give rise to a cause of action; that part of the law which courts are established to administer; as opposed to adjective or remedial law, which prescribes the method of enforcing rights or detain redress for their invasions Equal protection of law The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. What are the 4 requisites of the equal protection clause? Classification, to be valid, must (1) rest on substantial distinctions, (2) be germane to the purpose of the law, (3) not be limited to existing conditions only, and (4) apply equally to all members of the same class. G.R. No. 189698 : February 22, 2010ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR., Petitioners, v. COMMISSION ON ELECTIONS, Respondent. G.R. No. 127410 January 20, 1999CONRADO L. TIU, JUAN T. MONTELIBANO JR. and ISAGANI M. JUNGCO, petitioners, vs. COURT OF APPEALS, HON. TEOFISTO T. GUINGONA JR., BASES CONVERSION AND DEVELOPMENT AUTHORITY, SUBIC BAY METROPOLITAN AUTHORITY, BUREAU OF INTERNAL REVENUE, CITY TREASURER OF OLONGAPO and MUNICIPAL TREASURER OF SUBIC, ZAMBALES, respondents. **SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches 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 judge after 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.** Search and Seizure A search involves law enforcement officers going through part or all of individual\'s property, and looking for specific items that are related to a crime that they have reason to believe has been committed. A seizure happens if the officers take possession of items during the search. Search Warrant A search warrant is an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace officer, commanding him to search for personal property and bring it before the court. Exclusionary Rule The exclusionary rule is a judge‐made rule that evidence obtained by the government in violation of a defendant\'s constitutional rights can\'t be used against him or her VALID WARRANTLESS ARREST The Supreme Court summarizes the rule as follows: Corolarilly, the 1987 Constitution states that a search and consequent seizure must be carried out with a judicial warrant; otherwise, it becomes unreasonable and any evidence obtained therefrom shall be inadmissible for any purpose in any proceeding.  Said proscription, however, admits of exceptions, namely: 1\. Warrantless search incidental to a lawful arrest; 2\. Search of evidence in "plain view;" 3\. Search of a moving vehicle; 4\. Consented warrantless search; 5\. Customs search; 6\. Stop and Frisk; and 7\. Exigent and emergency circumstances. The Philippine Constitution emphatically provides that no person shall be deprived of liberty without due process of law and no warrant of arrest shall issue except upon probable cause to be determined personally by the judge (Art. III, Secs. 1 and 2). As a general rule, no one can be arrested without a valid warrant, which is likewise true in search and seizure). There are three recognized exceptions to the constitutional prohibition on warrantless arrests. These valid warrantless arrests are: (a) In flagrante delicto arrests; (b) "Hot pursuit" arrests; and (c) Re-arrest of escaped prisoners.  A peace officer or a private person may, without a warrant, arrest a person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (Revised Rules of Criminal Procedure, Rule 113, Sec. 5\[a\]). This kind of warrantless arrest is known as an in flagrante delicto arrest. The validity of this warrantless arrest requires compliance with the overt act test. Two elements must concur: 1\. The person to be arrested must execute an overt act indicating that he/she has just committed, is actually committing, or is attempting to commit a crime; and  2\. Such overt act is done in the presence or within the view of the arresting officer. Failure to comply with the overt act test renders an inflagrante delicto arrest constitutionally infirm.  "In flagrante" arrests require that the an overt act must be committed in the presence of the arresting officer. In the next valid warrantless arrest, law enforcers need not personally witness the commission of a crime.   One of the recognized exceptions to the need of a warrant before a search may be effected is when the \"plain view\" doctrine is applicable. In People v. Lagman, this Court laid down the following parameters for its application\": Objects falling in plain view of an officer who has a right to be in a position to have that view are subject to seizure even without a search warrant and may be introduced in evidence.  The \'plain view\' doctrine applies when the following requisites concur: a. the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area;  \(b) the discovery of evidence in plain view is inadvertent;  \(c) it is immediately apparent to the officer that the item he observes may be evidence of a crime, contraband or otherwise subject to seizure.  The law enforcement officer must lawfully make an initial intrusion or properly be in a position from which he can particularly view the area. In the course of such lawful intrusion, he came inadvertently across a piece of evidence incriminating the accused. The object must be open to eye and hand and its discovery inadvertent. What are the limitations of searches at checkpoints? Limitation of Searches at Checkpoints. - Searches made at checkpoints shall be limited to visual search and neither the vehicle nor the occupants shall be subjected to physical search or require the passengers to alight from the vehicle. What are the rules of search? They have reasonable grounds to suspect that you have committed a crime or are about to commit a crime. Reasonable grounds to search can\'t be based on an officer\'s hunch or instinct. It should be based on reliable information, facts or seeing you acting suspiciously. you are a danger to yourself or others. Valmonte v. De Villa (G.R. No. 83988, 29 September 1989, 258 Phil. 838) People v. Sapla, G.R. No. 244045, 16 June 2020). Caballes v. Court of Appeals (G.R. No. 136292, 15 January 2002, 424 Phil. 263) **Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.** Forms of correspondence and communication  Limitations on the right of privacy of communications. 1. Permissible interference - The right of privacy of communication and correspondence or simply , the right to privacy of communication , is not violated when the interference is made: a. b. 2. Intervention of the court - The first limitation must be interpreted in the light of the requirements for the issuance of search warrant. The second limitation means that the right is subject to police power of the State. REPUBLIC ACT No. 4200 AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES. Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described. Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings. It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person:  Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition. Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security:  Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: The order granted or issued shall specify: (1) the identity of the person or persons whose communications, conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location; (2) the identity of the peace officer authorized to overhear, intercept, or record the communications, conversations, discussions, or spoken words; (3) the offense or offenses committed or sought to be prevented; and (4) the period of the authorization. The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the order, unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public interest. The envelope or package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed. All recordings made under court authorization shall, within forty-eight hours after the expiration of the period fixed in the order, be deposited with the court in a sealed envelope or sealed package, and shall be accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made, the dates and times covered by each recording, the number of tapes, discs, or records included in the deposit, and certifying that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the envelope or package deposited with the court. Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence Cyber libel Cyber libel refers to the act of defaming or damaging someone\'s reputation using electronic means, such as the internet, social media platforms, or other digital communication channels. It involves the publication of false or malicious statements that harm an individual\'s character, reputation, or integrity. For example, if someone says or writes "Joe is a thief. He stole money at his former workplace" on their social platform or any other publicly accessible medium and this statement is untrue, it is defamation. What is Article 353 of the Revised Penal Code? Libel -- refers to "a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. What is the Article 358 of the Revised Penal Code? Article 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding 200 pesos. Article 362.\ \ Libelous Remarks. --- Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. What is Article 361 of the Revised Penal Code?\ \ Proof of the Truth. --- In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted. **REPUBLIC ACT No. 9995** **AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES** Section 1. Short Title. - This Act shall be known as the \"Anti-Photo and Video Voyeurism Act of 2009\". Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person. Section 3. Definition of Terms. - For purposes of this Act, the term: \(a) \"Broadcast\" means to make public, by any means, a visual image with the intent that it be viewed by a person or persons. \(b) \"Capture\" with respect to an image, means to videotape, photograph, film, record by any means, or broadcast. \(c) \"Female breast\" means any portion of the female breast. \(d) \"Photo or video voyeurism\" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter\'s consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person\'s e\) \"Private area of a person\" means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual. \(f) \"Under circumstances in which a person has a reasonable expectation of privacy\" means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person: a. To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; b\) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; b. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or c. \(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act. If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media. If the offender is a public officer or employee, or a professional, he/she shall be administratively liable. If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines **SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.** This implies that all citizens have the right to express their views and opinions freely. This includes not only words of mouth, but also a speech by way of writings, pictures, movies, banners, etc. The right to speech also includes the right not to speak Is freedom of speech expression and of the press absolute? While the right to freedom of expression is fundamental, it is not absolute. This means it can be limited in exceptional circumstances What is the first prohibition of the free speech and press clause?\ \ official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.\ \ Cases\ Chavez v. Gonzales\ National Press Club v. Commision on Elections\ Adiong v. Comelec\ Freedman v. Maryland **SPEECH AND EXPRESSION** Covers any form of oral utterances such as protests as expression of opinion about subjects of public concern. They cover also picketing for by it one silently expresses what has in mind, display of a flag and salute to the flag. They also embrace expression by means of motion picture and electronic means of communication. Commercial speech\ \ It is a communication which no more than proposes a commercial transaction. "Advertisement of goods or of services is an example **Press** Covers every sort of publications: newspapers, periodicals, magazines, book, handbills, leaflets, etc. Radio and television as instrument of mass communication may also be included with this term **Importance of the guarantee** 1\. Promotes growth of the individual and the nation. 2\. Makes possible, scrutiny of acts, and conduct of public officials 3\. Insures a responsive and popular government **Freedom of expression not absolute** 1\. It is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society; and this power may be exercised under the police power of the State to promote or protect the public welfare. 2\. Subject one to liability when abused\ Any one who slanders or libel another may be penalized. Furthermore, "lewd and obscene is not entitled to constitutional protection. **Clear and present danger rule** The abridgment of the liberty , however, can be justified only where there exists substantial danger that speech will likely lead to an evil the government has a right to prevent a. A conspiratorial group may be punished for publicly advocating violent overthrow of the government **Overbreadth** Over breadth is shorthand for the over breadth doctrine, which provides that laws regulating speech can sweep too broadly and prohibit protected as well as non-protected speech. A regulation of speech is unconstitutionally over broad if it regulates a substantial amount of constitutionally protected expression **Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights** **Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.** Limitations on the right 1\. Permissible interference The right is qualified by the clauses "except upon lawful order of the court and except in the interest of national security, public safety or public health as may be provided by law **Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.** Scope of the Right 1\. The right embraces all public records; 2\. It is limited to citizens only but without prejudice to the right of aliens to have access to records of cases where they are litigants 3\. It is exercise is subject to such limitations as may be provided by law. **Section 8. 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.** **Section 9. Private property shall not be taken for public use without just compensation.** Eminent domain is the inherent power of a nation or a sovereign state to take, or sanction the taking of, private property for a public use with the owner\'s consent, conditioned upon payment of just compensation**.** **Section 10. No law impairing the obligation and contracts shall be passed.** What is the meaning of obligation in law Philippines? An obligation is a juridical necessity to give, to do or not to do. An obligation needs to be juridical in nature in order for it to have the force of law. Through this, a court may be asked to order the performance of an obligation. An obligation are civil or natural. The Civil Code defines a contract as "a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service." For there to be a valid contract, these three elements must be present: consent, object, and cause. **Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.** **Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. 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.** **(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.** **(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.** **(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.** Why is it called Miranda rights Philippines? Miranda Rights are named after the landmark U.S. Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested for stealing \$8.00 from an Arizona bank worker. After two hours of questioning, Miranda confessed not only to the robbery but also to kidnapping and rape **Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.** Bail is a constitutional right in the Philippines, allowing an accused person to be released from custody by posting a bond or property guaranteeing their appearance at trial. Purpose: The main purpose of bail is to ensure that the accused will appear in court when required. **Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.** **(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, 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.** IN GENERAL, WHAT ARE THE REQUIREMENTS OF PROCEDURAL DUE PROCESS?    The requirements of procedural due process are as follows: 1.    There  must  be  an  IMPARTIAL  AND  COMPETENT  COURT  with judicial power to hear and determine the matter before it.\ 2.    Jurisdiction MUST HAVE BEEN LAWFULLY ACQUIRED over the person  of  the  defendant  or  over  the  property  subject  of  the proceeding\ 3.    The defendant must be given an OPPORTUNITY TO BE HEARD**\ **4.    Judgment must be RENDERED UPON LAWFUL HEARING An arraignment is a first appearance signifying the start of the criminal trial process. It comes shortly after a defendant\'s arrest and booking, often combined with a bail hearing. The arraignment is typically the first court date for defendants who were not arrested but served with a summons or citation. **SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.** Writ of habeas corpus Broadly speaking, the writ of habeas corpus extends to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto Writ of Amparo meaning -- The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The difference between these two writs is that habeas corpus is designed to enforce the right to freedom of the person, whereas amparo is designed to protect those other fundamental human rights enshrined in the Constitution but not covered by the writ of habeas corpus." Writ of Kalikasan A Writ of Kalikasan is a legal remedy under Philippine law which provides for the protection one\'s right to "a balanced and healthful ecology in accord with the rhythm and harmony of nature," as provided for in Section 16, Article II of the Philippine Constitution. **Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies**. Explanation: It means, incarceration without charges of \"political prisoners.\" It includes, no person shall be detained solely by reason of his political beliefs and aspirations. 1. 2. 3. ***SECTION 17. No person shall be compelled to be a witness against himself.*** [Right against Self-Incrimination] This is the right of any person not to testify or tell something against himself in court or in any judicial proceeding. What is prohibited is to draw something from his mouth as an admission of guilt. The failure of a person to talk should not be construed as a strategy that he is hiding something or covering someone. ***SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.*** ***(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.*** Involuntary servitude is a service of one to another which is not freely rendered. ***SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.*** ***(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.*** ***Poll tax.*** [\*\*\* Non-imprisonment by reason of debt] ***SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.*** What are the 5 requisites for double jeopardy? As a general rule, the following requisites must be present for double jeopardy to attach: 1. 2. 3. 4. (5)the acquittal or conviction of the accused, or the dismissal or termination of the case. **Two Kinds of Jeopardy** 1. Double jeopardy for the same offense. 2. Double jeopardy when an act is punished by a law and an ordinance. **Example of a double jeopardy case** What is an example of double jeopardy? Double jeopardy is a protection that prevents a defendant from being tried twice for the same offense; double jeopardy applies after an acquittal or a conviction is reached. Jack McCall, the murderer of Wild Bill Hickok, was initially acquitted, then later tried and convicted. ***SECTION 22. No ex post facto law or bill of attainder shall be enacted.*** **BILLS OF ATTAINDER** "Bills of attainder - are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings. If an act inflicts a milder degree of punishment than death, it is called a bill of pains and penalties. In such cases, the legislature assumes judicial magistracy, pronouncing upon the guilt of the party without any of the common forms and guards of trial, and satisfying itself with proofs, when such proofs are within its reach, whether they are conformable to the rules of evidence, or not. In short, in all such cases, the legislature exercises the highest power of sovereignty, and what may be properly deemed an irresponsible despotic discretion, being governed solely by what it deems political necessity or expediency, and too often under the influence of unreasonable fears, or unfounded suspicions. The phrase "bill of attainder," as used in this clause and in clause applies to bills of pains and penalties as well as to the traditional bills of attainder. **Article IV: CITIZENSHIP** ***SECTION 1. The following are citizens of the Philippines:*** 1. ***Those who are citizens of the Philippines at the time of the adoption of this Constitution;*** 2. ***Those whose fathers or mothers are citizens of the Philippines;*** 3. ***Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and*** 4. ***Those who are naturalized in accordance with law.*** ***SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.*** ***SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.*** ***SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.*** ***SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.*** ### CITIZENS IN THE PHILIPPINES ***JUS SANGUINIS AND JUS SOLI*** ### Duties and Obligations of the Citizens 1. 2. 3. 4. 5. 6. 7. 8. 9. 1987 Philippine Constitution CITIZENSHIP Section 1. The following are citizens of the Philippines: \[1\] Those who are citizens of the Philippines at the time of the adoption of this Constitution; \[2\] Those whose fathers or mothers are citizens of the Philippines; \[3\] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and \[4\] Those who are naturalized in accordance with law. Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship,unless by their act or omission, they are deemed, under the law, to have renounced it. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. **1935 Philippine Constitution** **ARTICLE IV.---CITIZENSHIP** SECTION 1. The following are citizens of the Philippines: 1.  Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. 2. \(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. \(3) Those whose fathers are citizens of the Philippines. \(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. \(5) Those who are naturalized in accordance with law. SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law. **1973 Philippine Constitution** ##### ARTICLE III **CITIZENSHIP** SECTION 1. The following are citizens of the Philippines: \(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. \(2) Those whose fathers or mothers are citizens of the Philippines. \(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five. \(4) Those who are naturalized in accordance with law. SEC. 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. SEC. 3. Philippine citizenship may be lost or reacquired in the manner provided by law. SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship. What is the meaning of re-acquisition of Philippine citizenship? Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularly known as the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to retain/reacquire their Philippine citizenship by taking an oath of allegiance. What means your citizenship is acquired by being born in the country? jus soli, in legal theory, the rule or law that provides that citizenship is acquired by birth within the territory of the state, regardless of parental citizenship. What does jus sanguinis mean? jus san·​gui·​nis -ˈsaŋ-gwi-nis, -ˈsäŋ-gwē-ˌnēs. : a rule of law that a child\'s citizenship is determined by that of his or her parents. Etymology. Latin, right of blood. Naturalization  the act of investing an alien with the status of a national in a given state; it may be accomplished as the result of voluntary application, special legislative direction, marriage to a citizen, or parental action. Can a naturalized Filipino run for Congressman? No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, \[ REPUBLIC ACT NO. 9225, August 29, 2003 \] -------------------------------------------- ### *AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED, AND FOR OTHER PURPOSES* SECTION 1. *Short Title*. --- This Act shall be known as the \"Citizenship Retention and Re-acquisition Act of 2003.\"\ \  SEC. 2. *Declaration of Policy.* --- It is hereby declared the policy of the State that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.\ \ SEC. 3. *Retention of Philippine Citizenship.* --- Any provision of law to the contrary notwithstanding, natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic. SEC. 4. *Derivative Citizenship.* --- The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines. Derivative Citizenship A child who is eighteen (18) years of age or older at the time of the parents\' reacquisition of Philippine citizenship, but was born when either parent was still a Filipino citizen, is considered a natural born Filipino and may apply for reacquisition of Philippine citizenship. SEC. 5. *Civil and Political Rights and Liabilities.*  --- Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: 1. 2. 3. 4. 5. a. b. The 1935 Constitution ===================== **What is the status of foundlings in the Philippines?** \- A foundling found in the Philippines and/or in Philippine Embassies, Consulates, offices and territories abroad is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth Cases: EN BANC -------------- \[ G.R. No. 161434, March 03, 2004 \] ------------------------------------- *MARIA JEANETTE C. TECSON AND FELIX B. DESIDERIO, JR., PETITIONERS, VS. THE COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (A.K.A. FERNANDO POE, JR.) AND VICTORINO X. FORNIER, RESPONDENTS. * EN BANC ------- \[ G.R. No. 221697, March 08, 2016 \] ------------------------------------- ### *MARY GRACE NATIVIDAD S. POE-LLAMANZARES, PETITIONER, VS. COMMISSION ON ELECTIONS AND ESTRELLA C. ELAMPARO, RESPONDENTS.* G.R. No. 212785, April 04, 2018 \] ---------------------------------- ### *REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. GO PEI HUNG, RESPONDENT.* **G.R. No. L-21855           January 30, 1968** **IN THE MATTER OF THE PETITION OF ANDRES SINGSON TO BE ADMITTED OR TO BE DECLARED A CITIZEN OF THE PHILIPPINES. ANDRES SINGSON,** petitioner-appellant,\ vs.\ **REPUBLIC OF THE PHILIPPINES,** oppositor-appellee. EN BANC ------- \[ G.R. No. 257453, August 09, 2022 \] -------------------------------------- ### *MARIZ LINDSEY TAN GANA-CARAIT Y VILLEGAS, PETITIONER, VS. COMMISSION ON ELECTIONS, ROMMEL MITRA LIM, AND DOMINIC P. NUÑEZ, RESPONDENTS* **Article V: SUFFRAGE** ***SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.*** **Requisites in the Valid Exercise of Suffrage** 1. 2. 3. **Prohibition in the Exercise of the Right of Suffrage** - - - ***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 a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.*** **INITIATIVE** is the process whereby the people directly propose and enact laws. **Congress of the Philippines** *(Filipino: Kongreso ng Pilipinas)* ### THE SENATE - - - - - **\*\*\* Senate Presiding Officer** ### HOUSE OF REPRESENTATIVES The district congressmen represent a particular congressional district of the country. All provinces in the country are composed of at least one congressional district. Several cities also have their own congressional districts, with some having two or more representatives. From 200 districts in 1987, the number of districts have increased to 243. Every new Congress has seen an increase in the number of districts. Meanwhile, the constitution provides for the following **criteria to become a member of the House of Representatives**: - - - - **\*\*\* House of Representative Presiding Officer** **\*\*\* PARTY-LIST REPRESENTATIVES** ### LEGISLATIVE POWER **The legislative power is an authority of the legislative branch of the government to make laws and to alter and repeal the same.** **FUNCTIONS OF THE LEGISLATIVE BRANCH:** **Article VII: EXECUTIVE DEPARTMENT** ### EXECUTIVE POWER According to the constitution, an individual **may become President provided he meets the following criteria:** - - - - - ### Functions of the Executive Branch **Key roles of the executive branch include:** ### Line of Succession **Vice President** --- in cases of the death, disability, or resignation of the President **Article VIII: JUDICIAL DEPARTMENT** The Constitution expressly grants the ### JUDICIAL POWER The Supreme Court is the highest tribunal in the Philippines. **The following are the qualifications of the members of the Supreme Court:** - - - - ### FUNCTIONS OF THE JUDICIARY 1. 2. 3.  ### **\ **