Philippine Citizenship Law PDF

ARTICLE 4: 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...

ARTICLE 4: 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 the majority; and (4) Those whose fathers are naturalized in accordance with law Terminologies Citizenship - is a term denoting membership of a citizen in a political society, which membership implies, reciprocally, a duty of allegiance. Citizen - is a person having the title of citizenship Subject - in a monarchial state Alien - is a citizen of a country who is residing in or passing through another country. The state not only includes its citizens who enjoy fully civil and political privileges but also all others who are not its citizens, but because they owe allegiance to it, are not regarded as aliens. General ways in acquiring citizenship (1) Involuntary Method - by birth of blood relationship ( jus sanguinis) or place of birth (jus soli). (2) Voluntary Method - by naturalization, except in case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a result of conquest or treaty. Jus sanguinis - blood relationship is the basis for the acquisition of citizenship under this rule. Predominating principle in the Philippines Jus soli or jus loci - place of birth serves as the basis for acquiring citizenship under this rule. Mostly prevails in the united states of america (USA) Naturalization - is the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. Citizens at the time of the adoption of the Constitution The citizens referred to are those considered Filipino citizen under the 1973 Constitution at the time of the e ectivity of the new constitution on February 2, 1987 by virtue Proclamation No. 58 of the President. The purpose of Section 1 (1)one is to protect the status of those who were already Citizen at the time the new constitution took e ect. A Filipino citizen under the 1973 Constitution, who has lost citizenship at the time of the rati cation of the new constitution is not a citizen of the Philippines. ff fi ff Citizen by Blood Relationship In the determination of the citizenship of the child, Filipino mothers are placed by this constitution an equal footing with their husband. The father or mother may be a natural born Filipino or a Filipino by naturalization or by election.If the child is born in the state where the role of jus soli obtains, or the child’s father or mother is an alien, whose country follows also the principle of jus sanguinis it would a case of Dual Citizenship. Citizens through election under 1935 Constitution Under the 1935 Constitution a child born of a Filipino mother who was married to a foreigner is born an alien and remains an alien during his minority until he elects Philippine citizenships if he is born after the rati cation of the 1973 Constitution on January 17, 1973 he is a citizen under Section 1(1) thereof, making the children of a female citizen Philippine citizen without having to make an election. G.R. No. L-1663 March 31, 1948 FLORETINA VILLAHERMOSA, petitioner-appellant, vs. THE COMMISSIONER OF IMMIGRATION, respondent-appellee. Supreme Court said “While his Chinese father lived, Del n was not a Filipino. His mother was not a Filipina; she was Chinese. After the death of such father, Villahermosa continued to be a Chinese, until she reacquired her Filipino citizenship in April, 1947. After that reacquisition Del n could claim that his mother was a Filipina within the meaning of paragraph 4, section 1 of Article IV of the Constitution; but, according to that same Organic Act, he had to elect Philippine citizenship upon attaining his majority. Until he becomes of age and makes the election, he is the Chinese citizen that he was at the time of his father's demise” Citizen by Naturalization In the contemplation of the Constitution, even those who are not Filipino citizens at birth, and who cannot take advantage of the right to the children of Filipino mothers, may become citizen by naturalization in other words, citizenship may not be based on the principle of jus sanguinis. (1) Certain rights and privilege duties and obligation limited to Filipino citizens (2) constitution nationalistic in character (3) care in granting or denying privilege of naturalization is essential (4) ideal policy on naturalization Ways of Acquiring citizenship by Naturalization A. By judgement of the court - the foreigner who wants to become a Filipino citizen, must apply for naturalization with the proper regional trial court. He must have all the quali cation and none of the disquali cation provided by law and must comply with all the procedure and condition prescribe. B. By direct act of Congress - in this case, our law making body is simply an act and act directly conferring citizenship on a foreigner. C. By administrative proceedings - under R.A. No. 9139 known as the administrative naturalization law of 2000, aliens born and residing in the Philippines may be granted Philippines citizenship by administrative proceeding before a special committee of naturalization. fi fi fi fi fi  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 reacquire in the manner provided by law. Loss of Citizenship A Filipino citizen may lose citizenship in any of the following ways and/or events; A. Voluntarily - They are; - By naturalization in a foreign country - By express renunciation of citizenship - By subscribing to an oath of allegiance to support the constitution and laws of a foreign country. - By rendering service to or accepting commission in the armed forces of a foreign country, except under certain circumstances B. Involuntarily - They are; - By cancellation of the certi cate of naturalization by the court - By having been declared by competent authority, a deserter in the Philippine armed forces in time of war. Reacquisition of lost Philippine Citizenship A. By naturalization provided that the applicant possesses none of the disquali cation provided in the naturalization law. B. Repatriation of deserter of the Philippine, Armed Forces, and women who lost their citizenship by reason of marriage to an alien after the termination of their marital status. C. By direct act of the Congress of the Philippines. Repatriation is e ected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. Section 4. Citizen of the Philippines, who marry alien shall retain their citizenship unless by their act or omission they are deemed, under the law, to have renounced it. E ect of marriage of citizen to an alien The provision clearly protects every Filipino woman who otherwise lose citizenship by simply marrying a foreigner. The exception is where by the act or omission they are dimmed under the lotto, have renounce their citizenship, such as subscribing to an oath of allegiance to support the constitution and the laws of a foreign country a Filipino woman who upon marriage to an alien, acquire, his citizenship will possess to citizenship, Filipino citizenship, and that of her husband Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Dual allegiance - which refers to the continual allegiance of naturalized nationals to their mother country even after they have acquired Filipino citizenship, it is declare inimical to national interest, and Congress is required that it be dealt with by law. Dual citizenship - refers to the possession of two citizenships by an individual that of his original citizenship, and that of the country where he became a naturalized citizen. ff ff fi fi  The insertion of the provision was directed, mainly to leading members of the Filipino Chinese community, who continue to maintain their close ties with either the republic of China or the People’s Republic of China on the mainland through massive economic investments and open political activities there. Citizenship requires allegiance to the country of which one is a citizen. In fact, dual citizenship allows dual allegiance which the constitution itself in section 5 declares is inimical to the national to the national interest. The loyalty and allegiance to one’s country should be absolute and undivided, but this is not possible if one is a dual citizen. Retention and reacquisition of citizenship A. Retention of Philippine citizenship - any provision of law to the contrary, notwithstanding , natural, born citizens of the Philippines, who have lost their Philippines citizenship by reason of their naturalization as citizens of a foreign country are deemed to have acquired Philippine citizenship upon taking the following oath of allegiance to the republic. B. Derivative citizenship – the unmarried child, whether legitimate, illegitimate, or adopted below 18 years of age of those who reacquired Philippines citizenship, upon e ectivity of the act shall be deemed citizens of the Philippines. C. Civil and political rights and liabilities – those retain or acquire Philippine citizenship under the act shall enjoy full civil and political rights, and be subject to all attendant, liabilities and responsibilities under existing loss of the Philippines and the following conditions. Problems; IF A CHILD BORN TO A FILIPINO MOTHER WHOSE FATHER IS AN ALIEN, WHAT KIND OF CITIZENSHIP SHALL BE FOLLOW AND IF THE CHILD DECIDED TO RUN FOR A GOVERNMENT POSITION IS HE ELIGIBLE? Citizenship: A child born to a Filipino mother and an alien father is a natural-born Filipino citizen. This is based on the principle of jus sanguinis, which means citizenship is derived from the bloodline of the parent.1 In the Philippines, the Constitution explicitly states that a child born of a Filipino mother is a Filipino citizen. Eligibility for Government Position: a natural-born Filipino citizen, such as the child described above, is eligible to run for a government position in the Philippines.2 The 1987 Philippine Constitution outlines the quali cations for holding public o ce, and natural-born citizenship is one of the primary requirements. Key Points: Natural-born Citizenship: This is a constitutional right that cannot be revoked. Dual Citizenship Law: While the Philippines used to prohibit dual citizenship, the Republic Act No. 9225, or the Citizenship Retention and Reacquisition Act of 2003, allows natural-born Filipinos to retain or reacquire Philippine citizenship without losing their foreign citizenship.4 Quali cations for Public O ce: Aside from being a natural-born Filipino citizen, other quali cations may vary depending on the speci c position. For example, age, residency, and educational attainment are common requirements. However, it's important to note that the father's origin can in uence the child's potential dual citizenship. If the father's country of origin follows the principle of jus soli (citizenship based on place of birth), and the child is born in that country, the child may also acquire citizenship from the father's country. This could lead to dual citizenship fi fi ffi ff fl fi fi ffi  WHAT ABOUT WHEN THE CHILD DEVELOPS DUAL ALLEGIANCE? IS HE STILL ELIGIBLE TO RUN FOR A CERTAIN GOVERNMENT POSITION? Dual Allegiance and its Implications for Filipino Citizens While the Philippines allows dual citizenship, it strictly prohibits dual allegiance. This means that a Filipino citizen who acquires foreign citizenship must choose one and renounce the other, particularly when it comes to exercising political rights. If a Filipino citizen develops dual allegiance, it could have the following implications: 1. Ineligibility for Public O ce: To run for a government position in the Philippines, a dual citizen must renounce their foreign citizenship and take an oath of allegiance to the Republic of the Philippines. 2. Potential Legal Issues: Dual allegiance can lead to legal complications, especially when it comes to matters of taxation, military service, and international law. 3. Loss of Certain Privileges: Some privileges and bene ts exclusive to Filipino citizens may be restricted or denied to those with dual allegiance. Article 5. Su rage Section 1. Su rage may be exercised by all citizens of the Philippines, not otherwise disquali ed by law, who are at least 18 years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they proposed to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirements shall be imposed on the exercise of su rage.. Su rage – is the right and obligation to vote of qualify citizens in the election of certain national and local o cers of the government and in the decision of public questions submitted to the people. Nature of Su rage A mere privilege - su rage is not a natural right of the citizen, but merrily a privilege to be given or withheld by the law, making power subject to constitutional limitations su er should be granted to individual only upon the ful llment of certain minimum conditions deem essential for the welfare of society. A political right – in the sense of a right confer by the constitution su rage is classi ed as a political right eagle in every city sent to participate in the process of the government to assure that it can be truly beside to derive its powers from the consent of the governed, the principle is that of one man one vote. Scope of Privilege Election – it is the means by which the people choose their o cial for de nite and x periods, and to whom they trust for the time being as there a representatives the exercise of powers of government. Plebiscite -it is the name given to a vote of the people expressing their choice for or against a propose law or an announcement submitted to them. The Philippines, the term is applied to an election of which any propose amendment to, or revision, the constitution is submitted to the people for rati cation. Referendum – it is the submission of a law thereof passed by the national or local legislative body to the voting citizens of a country for rati cation or rejection. Initiative – it is the process whereby the people directly propose and enact laws. Congress is mandated by the constitution to provide as early as possible for a system of initiative and referendum. Recall – it is a method by which a local public o cer may be removed from o ce during his tenure or before the expiration of his term by a vote of the people after registration of a petition, signed by a required percentage of the quali ed voters. The right to vote is not only a most precious political right, it is also a bounden duty of every citizen Gachitorena vs. Crescini, L-33541, Jan 20, 197 ffi fi ff fi fi ff ff ff ffi fi ff ffi fi ff ffi ff fi ffi ff fi fi fi Quali cations of voters He must be: A. a citizen (male or female) of the Philippines B. Not otherwise disquali ed by law C.at least 18 years of age; and D. Have resided in the Philippines for at least one (1) year and in the place wherein he propose to vote for at least six months preceding the election. Residence quali cation (1) period of residence - A voter must have been a permanent resident of the Philippines for at least one (1) und six (6S months in the province, city, municipality, where he is a voter. (2) importance - six (6) months residence in a province, city or municipality is considered the minimum length of time within which a person can adequately familiarize himself with the needs and conditions and the personality of locality.The requirement as to residence is desirable in order that registration list may be prepared and checked in ample time to prevent fraud. Persons disquali ed to vote (1) any person who has been sentenced by nal judgement to tter imprisonment for not less than (1) year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically re-acquire the right to vote upon expiration of ve years (5) after service of sentence. (2) any person who has been adjudged by nal judgement by competent court or tribunal di having committed any crime Involving disloyalty to the duty constituted government such as rebellion, sedition, violation of the anti subversion and rearms laws, or any crime, against national security. Property requirement prohibited (1) property ownership not a test of an individual capacity -the justi cation for the abolition of property quali cations is the assumption that ownership of property, per se, neither adds to nor detract from a man's capacity to function properly and fully as a social and political being. (2) property requirement inconsistent with social Justice principle- social Justice presupposes equal opportunity to all, rich or poor alike. Accordingly, no person shall be deprived by reason of poverty, be denied the chance to vole and to be elected to public o ce. Other substantive requirements prohibited Congress is prohibited by the constitution to impose additional substantive (not, procedural) requirements for voting similar in nature to literacy or ownership of property. (1) education - formal education itself is no guarantee of good citizenship or of intelligent in voting. (2) sex- The antagonism in the past to female su rage stemmed in some degree from the belief that a woman's place was in the home and that the performance of public duties was the function of the male members of the family. (3) taxpaying ability- its restriction is related to property requirement for voting. Congress cannot by law dressy to an inditional the right to vote on the ground that he is exempted from taxation Or is not liable to pay tax or the taxes paid by him. Section 2. The Congress shall provide a system for securing the secrecy and sanctify of the ballot as well as a system for absentee noting by quali ed 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. fi fi fi fi fi fi fi fi fi ffi ff fi fi fi  System for securing the secrecy and sanctity of the ballot (1) untrammeled exercise of the right to vote- it's essential then to insure that the voters shall exercised the right freely "Unin uenced by threats, intimidation or corrupt motives" and to "secure a fair and honest count of ballot. (2) voting by the disabled and illiterates - responsibility of the legislative body assumes more importance Local absentee voting is provided under R.A. No. 7166 (November 26. 1991) whereby government o cials and employees, including AFP and PNP are allowed to vote for the positions of President, vice-president, senators and partylist representative in places where they are not registered but temporarily assigned on election day to perform election duties. Same privilege is applied to teachers and other persons assigned to perform poll duty. R.A No. 10380(March 14, 2013) extends the right to vote under the local absentee to members of media, media practitioner, including technical and support sta. 3 ORGANS OF THE GOVERNMENT LEGISLATIVE DEPARTMENT Legislative power- is essentially the authority under the constitution to make laws and subsequently, when the need arises to alter and repeal them Laws- refers to statutes which de written enactments of the legislature governing the relations of the people among themselves or between them Functions of laws - through laws the legislature de nes the rights and duties of citizen, imposes taxes, appropriate funds, and so on and so forth. Legislative power vested in Congress - double chamber body consisting of the senate and the house of representatives, a bicameral legislature has been created in place of the unicameral set-up provided in the 1973 constitution, the 1935 constitution also established a bicameral legislature Advantages of bicameralism (1) a second chamber (senate) is necessary to serve as a check to hasty and ill - considered legislation (2) it serve as a training ground for future leaders. (3) it provides a representation for both regional and national interest (4) A bicameral legislature is less susceptible to bribery and control of big interest (5) it is the traditional form of legislative body dating from ancient times. Scope of legislative power of congress 1. Plenary or general - a grant of legislative power means grant of all legislative power for all purpose of civil government 2. Legislative power not expressly delegated deemed granted - the delegated power of our congress are broader than the legislative power of the American congress Classi cation of powers of congress - the primary function of Congress is to legislate. The constitution, however, has also express given it powers which are non legislative in character, (1) General legislative power- it is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals of the state (2) speci c power- are the following A. Power to choose who shall become president in case two or more candidates have an equal and highest number of votes. (Article 7, Sec 4,par.4) fi fi fl fi ff ffi  B. To con rm certain appointments by the president. (Article 6, Sec 16) C. To promote social justice. (Article 13 Sec 1) D. to declare the existence of a state of war. (Article 6 Sec 23 par 1) E. To impose taxes (Sec 28 par 1) F. To appropriate money G. To impeach (Article 11 Sec 2) H. To act as a constituent assembly (Article 15 Sec 1) Principle of check and balances Under the constitution, there is no absolute separation among the three principal organs of government, constitutional provision, authorize, a considerable amount of encroachment, or checking by one department in the a airs of the others the system of checks and balances is also observed along with the doctrine of separation of powers to make the presidential system workable. Checks by the President -the president may veto are disapproved bills and enacted by Congress, and through the pardoning power he may modify or set aside the judgment of courts Checks by the Congress - on the other hand congress may override the veto of the President, rejects certain appointments of the president, revoke proclamation of martial law or suspension of the writ of habeas corpus by the president and amend or revoke decisions of courts. it has likewise the power to de ne, prescribe , and apportion the jurisdiction of the various courts, prescribe the quali cations of judges of lower court, determine the salaries of President and Vice President, the members of the supreme court and judges of lower courts, and impeach the President and members of the supreme court. Checks by the judiciary- nal arbiter may declare legislative measure or executive act unconstitutional and "determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of congress or the President " The Senate (1) composition and election- it is the upper chamber of the congress. Composed of 24 Senators. They are elected at large (nationwide) by the quali ed voters. Regular election of Senator shall be held on the second Monday of May. (2) terms of o ce- it is 6 years.it shall commence unless other wise provided by law, at Noon on the 30th day of June next following their election. The constitution has similar provisions limiting terms of o ce. Quali cations - A senator must be: - a natural born citizen of the Philippines - at least 35 years of age on the day of the election - able to read and write - a registered voter; and - A resident of the Philippines for not less than two year immediately preceding the day of the election (4) maximum terms - to serve for more than two (2) consecutive terms (5) reelection after break- at any rate, a senator can still run for election after a break or interval. There is no limit as to the number of years one can serves as a senator. What is prohibited is to serve for more than two sucessive terms. But a voluntary renunciation of the o ce by a senator for any length of time shall not be cvonsidered as an interruption in the continuity of his service for the full term for which he was elected. The House of Representatives 1. Composition and election/selection - it is the lower house chamber of the congress. The house, often informally called congress is composed of not more than 250 members popularly known as “congressmen/ wo. They are elected from congressional districts and through a partylist system. The partylist or sectoral representatives are lled by selection or election from di erent sectors, except religious. 2. Term of o ce - it is three years to begin also, unless otherwise provided by law, at noon on the 30th day next following their election. The House of Representatives is intended to be close to the people. The shorter ffi ff fi fi ffi ffi fi fi ff fi ffi fi fi  term of three years is expected to make the representatives more responsive and sensitive to the needs of their constitutients. Quali cations are the following: A. A natural-born citizen of the Philippines B. At least 25 years of age on the day of the election C. Able to read and write C. Except for partylist representative, a registered voter in the district in which he shall be elected; and D. A resident thereof for a period of not less than one year preceding the day of the election. Maximum of Terms - the provisions are the same as the senators except that the limit is for not more than three consecutive terms. Under the constitution a representative cannot serve continuosly for more than nine years. Appropriations Bill - is one of the primary and speci c aim of which is to make appropriations of money from the public treasury. Kinds of Appropriations Bill 1. General Appropriations Act (GAA): This is the primary appropriations bill, covering the annual budget of the Philippine government. It allocates funds to various government agencies and departments for their operations and programs. The GAA is typically passed into law before the start of the scal year, which is from January to December. 2. Special Appropriations Acts: These are laws that authorize speci c appropriations for particular purposes, often outside the regular GAA. They may cover emergency situations, speci c projects, or programs that require additional funding. Examples of special appropriations include: ◦ Supplemental budgets ◦ De ciency budgets ◦ Appropriations for speci c projects, such as infrastructure projects or disaster relief e orts Meaning of other bills Revenue Bills: These bills relate to the raising of revenue for the government, such as imposing taxes, tari s, and fees. The House of Representatives has the sole power to initiate revenue bills. Tari Bills: These bills speci cally deal with the imposition of tari s or duties on imported goods. They are a type of revenue bill. Bills Increasing the Public Debt: These bills authorize the government to borrow money to nance its expenditures. They often involve issuing bonds or seeking loans from foreign creditors. Local Application Bills: These bills apply to a speci c locality or region within the Philippines. They may relate to local government issues, such as creating new municipalities or provinces or amending local ordinances. Private Bills: These bills concern individual persons or corporations, rather than the general public. They may involve granting special privileges, such as franchises or licenses, or settling private claims. fi ff fi fi fi fi fi fi fi ff fi fi ff ff  Why Bills Originate in the House of Representatives? The Philippine Constitution mandates that all appropriation, revenue, or tari bills must originate exclusively in the House of Representatives. This provision is enshrined in Article VI, Section 24 of the 1987 Constitution. Rationale Behind This Provision: 1. Closer to the People: ◦ The House of Representatives is directly elected by the people, making its members more accountable to the public's needs and concerns. ◦ This proximity to the people allows them to better understand the economic realities and nancial needs of the nation. 1. Fiscal Responsibility: ◦ The House, being closer to the people, is more likely to prioritize legislation that addresses pressing economic issues and allocates resources e ciently. ◦ This ensures that public funds are used judiciously and for the bene t of the majority. 1. Checks and Balances: ◦ Requiring revenue and appropriation bills to originate in the House provides a crucial check on government spending. ◦ The Senate, as the upper house, can review and amend these bills, ensuring that they are scally sound and aligned with national priorities. How a bill become a law Bill Introduction Origination: As mentioned, all appropriation, revenue, or tari bills must originate in the House of Representatives. Other bills can be introduced in either chamber. Sponsorship: A member of Congress, either a Senator or a Representative, sponsors the bill. First Reading: The bill's title, number, and author's name are read on the oor. It's then referred to the appropriate committee. 2. Committee Hearings Referral: The bill is assigned to a speci c committee based on its subject matter. Hearings: The committee holds public hearings to gather input from various stakeholders, including experts, government agencies, and the public. Mark-up: The committee deliberates on the bill, makes amendments, and prepares a committee report. 3. Second Reading Floor Debate: The bill is read in full on the oor, and members can debate its merits and propose amendments. Voting: The chamber votes on the bill, section by section, and on the bill as a whole. 4. Third Reading Final Vote: A nal vote is taken on the approved bill. Transmittal: If approved, the bill is transmitted to the other chamber. 5. Bicameral Conference Committee Reconciliation: If the two chambers pass di erent versions of the bill, a conference committee is formed to reconcile the di erences. Compromise Bill: The conference committee produces a compromise bill that incorporates the best aspects of both versions. 6. Presidential Action Signing: If the President signs the bill, it becomes a law. Veto: The President may veto the bill, returning it to Congress with a veto message. Pocket Veto: If the President does not sign or veto the bill within 30 days, it becomes a law. 7. Overriding a Veto Two-Thirds Vote: Congress can override a presidential veto with a two-thirds vote in both chambers. 8. Publication and E ectivity Publication: The law is published in the O cial Gazette or a newspaper of general circulation. E ectivity: Laws usually take e ect 15 days after publication, unless otherwise speci ed in the law itself. ff fi ff ff ff fi ffi ffi ff fl ff fi ff fl fi fi fi  Resolutions in the Philippine Bicameral Legislature What is a Resolution? In the Philippine Congress, a resolution is a formal expression of opinion or intent by one or both houses. Unlike a bill, which becomes a law when signed by the President, a resolution does not have the force of law. It's primarily used to express a position, commend an individual, or address a speci c issue. Types of Resolutions in the Philippine Congress There are two main types of resolutions: 1. Simple Resolution: ◦ This type of resolution is used to express the opinion or intent of a single house of Congress. ◦ It's often used for internal matters, such as adopting rules, expressing condolences, or honoring individuals. ◦ Simple resolutions do not require the approval of the other house or the signature of the President. 1. Concurrent Resolution: ◦ This type of resolution requires the approval of both the House of Representatives and the Senate. ◦ It's often used to express a joint opinion of both houses on a matter of national importance, such as congratulating a national team or expressing support for a particular cause. ◦ Concurrent resolutions are not signed by the President and do not have the force of law. 3. Joint Resolution in the Philippine Congress A joint resolution is a legislative measure that requires the approval of both the House of Representatives and the Senate. Unlike a simple resolution, which is limited to one chamber, a joint resolution involves both houses. Key Characteristics of a Joint Resolution: Requires Approval of Both Houses: Both the House and the Senate must pass the joint resolution in identical form. Presidential Signature: A joint resolution typically requires the signature of the President to become e ective. Force of Law: Once signed by the President, a joint resolution has the force and e ect of law. Legislative Inquiry Legislative inquiry is a crucial tool employed by Congress to ful ll its oversight function. It's a formal process where lawmakers investigate speci c issues, gather information, and scrutinize government agencies or private entities. Key Purposes of Legislative Inquiry: Oversight: To ensure that government agencies and o cials are acting ethically and e ciently. Policy Formulation: To gather information to inform the development of new laws or amendments to existing ones. Public Accountability: To hold public o cials accountable for their actions and decisions. Public Awareness: To raise public awareness about important issues and concerns. Types of Legislative Inquiries: 1. Congressional Hearings: Formal hearings where witnesses are called to testify under oath. 2. Investigations: In-depth probes into speci c issues, often involving the issuance of subpoenas and the collection of documents. The Role of the Philippine Journal The Philippine Journal is the o cial publication of the Philippine government. It serves as the primary source of information on government policies, laws, and o cial announcements. Key Functions of the Philippine Journal: Publication of Laws and Regulations: It publishes laws enacted by Congress, executive orders issued by the President, and other o cial documents. O cial Gazette: It serves as the o cial gazette of the government, providing legal notice to the public. Historical Record: It preserves a historical record of government activities and decisions. ffi ffi ffi ffi fi ffi fi ffi ffi fi fi ff ffi ff  Public Information: It informs the public about government policies and programs. Regular Session of Congress A regular session of Congress is a speci c period during which the Philippine Congress convenes to conduct legislative business. It typically lasts for around ten months, from July to June of the following year. During this session, lawmakers introduce and debate bills, conduct hearings, and pass legislation. Key Activities During a Regular Session: Lawmaking: Introduction, deliberation, and passage of bills. Budget Approval: Consideration and approval of the national budget. Oversight: Conducting investigations and hearings to monitor government agencies. Representation: Representing the interests of their constituents EXECUTIVE DEPARTMENT Executive Power - power to administer the laws, which means carrying them into practical operation and enforcing their due observance Constitution does specify the quali cations for the President and Vice President, which are: 1. Natural-born citizen of the Philippines 2. Registered voter 3. Able to read and write 4. At least 40 years of age on the day of the election 5. Resident of the Philippines for at least 10 years immediately preceding such election Terms of O ce in the Philippine Executive Department The Philippine Constitution outlines speci c terms of o ce for key positions within the Executive Department: President and Vice President Term: Six years Eligibility: One six-year term Cabinet Secretaries Term: At the pleasure of the President Appointment: Appointed by the President and con rmed by the Commission on Appointments Can a President Appoint the Vice President as a Cabinet Member Without COA Con rmation? Yes, a President can appoint the Vice President as a Cabinet member without the need for con rmation by the Commission on Appointments (COA). This is a unique provision under the 1987 Philippine Constitution. The Role of the Vice President as a Cabinet Member When the Vice President is appointed to a Cabinet position, they serve as an alter ego of the President. This means they act as the President's representative in speci c areas of governance. Basis for Martial Law in the Philippines The 1987 Philippine Constitution provides the legal basis for declaring martial law. Article VII, Section 18 states: “The President, in case of invasion or rebellion, when the public safety requires it, may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.” Object of Martial Law The primary objective of martial law is to suppress threats to public safety and order. This can include: Rebellion: Insurrection or armed resistance against the government. Invasion: Foreign military incursion into the country. ffi fi fi fi fi fi ffi fi fi  Public Safety Threats: Other threats to public safety, such as terrorism, widespread crime, or natural disasters. Duration of Martial Law The 1987 Constitution limits the duration of martial law to a maximum of 60 days. However, Congress can revoke the declaration earlier if it deems necessary. Restrictions on the Exercise of Martial Law Powers To prevent abuses of power, the Constitution imposes several restrictions on the exercise of martial law: 1. Report to Congress: The President must submit a report to Congress within 48 hours of declaring martial law. 2. Congressional Review: Congress must convene within 24 hours of receiving the President's report and can revoke the declaration. 3. Judicial Review: The Supreme Court can review the legality of the declaration and its implementation. 60 Days: This is the maximum number of days the President can declare martial law or suspend the privilege of the writ of habeas corpus. 48 Hours: Within 48 hours of the proclamation of martial law or suspension of the privilege of the writ of habeas corpus, the President must submit a report to Congress. 24 Sessions: Congress must convene within 24 hours after such report. 30 Days: Congress, upon voting, may revoke the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. Checks and Balances in the Philippine System The Philippine Constitution establishes a system of checks and balances among the three branches of government: the legislative, executive, and judicial branches. This system ensures that no single branch becomes too powerful. Legislative Branch: Oversight: Congress has the power to review and revoke the President's declaration of martial law. Lawmaking: Congress can enact laws that limit the scope and duration of martial law. Executive Branch: Enforcement: The President has the power to implement martial law, but must adhere to constitutional limitations. Commander-in-Chief: The President, as Commander-in-Chief, has the power to mobilize the armed forces to enforce martial law. Judicial Branch: Judicial Review: The Supreme Court can review the legality of the declaration of martial law and its implementation. Habeas Corpus: The Supreme Court can issue writs of habeas corpus to challenge the detention of individuals help to ensure that martial law is used only as a last resort and that civil liberties are protected. The Judicial Branch of the Philippines The Judicial Branch of the Philippines is an independent branch of government responsible for interpreting and applying the laws of the land. It is composed of a hierarchical structure, with the Supreme Court at the apex. Scope of the Di erent Components of the Philippine Judicial Branch The Philippine judicial branch is a hierarchical system designed to handle a wide range of legal cases. Here's a breakdown of the di erent components and their respective jurisdictions: Supreme Court As the highest court in the Philippines, the Supreme Court has both original and appellate jurisdiction. Original Jurisdiction: ◦ Cases a ecting ambassadors, other public ministers, and consuls ◦ Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus ◦ Writs of amparo, habeas data, and kalikasan ff ff ff  Appellate Jurisdiction: ◦ Reviews nal judgments and orders of lower courts, including the Court of Appeals and Regional Trial Courts. Court of Appeals The Court of Appeals is the second-highest court in the Philippines. It primarily exercises appellate jurisdiction, reviewing decisions of lower courts. Appellate Jurisdiction: ◦ Reviews nal judgments and orders of Regional Trial Courts. ◦ Reviews decisions of quasi-judicial agencies, boards, and commissions. Regional Trial Courts (RTCs) RTCs are trial courts of general jurisdiction. They handle a wide range of civil and criminal cases, including: Civil Cases: ◦ Property disputes ◦ Contractual disputes ◦ Family law cases (divorce, annulment, adoption) ◦ Inheritance cases Criminal Cases: ◦ Felonies (serious crimes) ◦ Misdemeanors (less serious crimes) Metropolitan Trial Courts (MTCs), Municipal Trial Courts (MTCs), and Municipal Trial Courts in Cities (MTCCs) These are lower courts with limited jurisdiction. They handle minor civil and criminal cases, such as: Civil Cases: ◦ Small claims cases ◦ Landlord-tenant disputes ◦ Breach of contract cases involving small amounts Criminal Cases: ◦ Violations of municipal ordinances ◦ Minor o enses, such as tra c violations and petty theft Specialized Courts Sandiganbayan: A special court that handles graft and corruption cases involving high-ranking government o cials. Court of Tax Appeals: A specialized court that handles tax cases. Sharia Courts: Courts that handle cases involving Muslim personal law. Composition of the Supreme Court The Supreme Court of the Philippines is composed of: Chief Justice: The head of the judiciary. 14 Associate Justices: These justices assist the Chief Justice in deciding cases. Quali cations for Supreme Court Justices To be appointed as a Supreme Court Justice, a person must meet the following quali cations: Supreme Court - the quali cations for a member of the Supreme Court are; 1.) he must be a natural-born citizen of the Philippines 2.) he must be at least 40 years of age 3.) he must have for 15 year or more been a judge of lower court or engaged in the practice of law in the Philippines 4.) he must be a person proven of competence, integrity, probity, and independence. Quali cations for judges of lower courts 1.) he must be a citizen 2.) he must be a member of the Philippine Bar 3.) proven of competence and etc. ffi fi fi ff fi fi fi ffi fi Appointment Process JBC Nomination: The Judicial and Bar Council (JBC) is a constitutional body that screens potential nominees for judicial positions. They prepare a list of nominees for the Supreme Court. Presidential Appointment: The President appoints the Chief Justice and Associate Justices from the list submitted by the JBC. Sitting Procedure of the Supreme Court The Supreme Court sits en banc (all justices together) to decide cases of signi cant constitutional importance or cases that involve con icting decisions from lower courts. However, most cases are decided by divisions of three or more justices. The Court's decisions are based on the majority vote of the justices who participated in the decision-making process. In case of a tie, the case is usually referred to the en banc for nal resolution. Public O ce as a Public Trust: Accountability and Transparency The principle that "public o ce is a public trust" is a cornerstone of democratic governance. It signi es that public o cials hold their positions in trust for the people and are accountable for their actions. This principle is enshrined in the 1987 Philippine Constitution and is essential for ensuring good governance and preventing corruption. Key Aspects of Public O ce as a Public Trust: 1. Accountability: Public o cials are accountable to the people they serve. They must answer for their decisions and actions, especially when they involve the use of public funds or the exercise of public power. 2. Transparency: Public o cials must be transparent in their dealings, making their decisions and actions open to public scrutiny. This includes disclosing nancial interests, avoiding con icts of interest, and providing regular reports on their performance. 3. Integrity: Public o cials must act with integrity and honesty, upholding the highest ethical standards. They should avoid corruption, nepotism, and favoritism. The Impeachment Process in the Philippines Impeachment is a formal process by which a public o cial is charged with misconduct. In the Philippines, the Constitution outlines a speci c procedure for impeaching certain high-ranking o cials. Impeachable O cers The following o cials are subject to impeachment: President of the Philippines Vice President of the Philippines Justices of the Supreme Court Members of the Constitutional Commissions (Commission on Human Rights, Commission on Audit, Commission on Elections) Ombudsman Grounds for Impeachment The Constitution speci es the following grounds for impeachment: Culpable violation of the Constitution Treason Bribery Graft and corruption Other high crimes Betrayal of public trust The Impeachment Process 1. Initiation: A veri ed complaint is led by a member of the House of Representatives. 2. House Investigation: The House of Representatives conducts an investigation to determine if there is probable cause. 3. Articles of Impeachment: If the House nds probable cause, it can vote to impeach the o cial and draft articles of impeachment. 4. Senate Trial: The Senate acts as the impeachment court. ffi ffi ffi fi ffi ffi fi fl ffi ffi ffi ffi fi fi fi fi ffi fi fi ffi fl ffi fi 5. Conviction: A two-thirds vote of the Senate is required to convict the impeached o cial. 6. Removal from O ce: If convicted, the o cial is removed from o ce and may be disquali ed from holding public o ce in the future. The Role of the Senate as the Impeachment Court When the Senate sits as an impeachment court, it has the sole power to try and decide all cases of impeachment. The Chief Justice of the Supreme Court presides over the impeachment trial of the President. For other impeachable o cials, the President of the Senate presides. The Senate, as the impeachment court, has the power to: Summon witnesses Issue subpoenas Administer oaths Receive evidence Render judgment Role and Function of the Ombudsman in the Philippines The Ombudsman of the Philippines is an independent constitutional o ce tasked with investigating and prosecuting government o cials accused of corruption and maladministration. The primary role of the Ombudsman is to ensure good governance and public accountability. Composition of the Ombudsman The O ce of the Ombudsman is headed by the Ombudsman. The Ombudsman is assisted by several Deputy Ombudsmen and Special Prosecutors. Key O cials: Ombudsman: The head of the o ce, responsible for overall supervision and direction. Deputy Ombudsmen: Assist the Ombudsman in various functions, such as investigation, prosecution, and administration. Special Prosecutors: Handle the prosecution of cases before the Sandiganbayan. Quali cations for Ombudsman and Deputy Ombudsmen: 1. Natural-born Citizenship: They must be natural-born citizens of the Philippines. 2. Age: They must be at least 40 years old. 3. Probity and Independence: They must possess recognized probity and independence. 4. Legal Expertise: They must be members of the Philippine Bar. 5. Non-Candidacy: They must not have been candidates for any elective national or local o ce in the immediately preceding election. 6. Judicial or Legal Experience: The Ombudsman must have at least ten years of experience as a judge or in the practice of law in the Philippines. Appointment of the Ombudsman and Deputy Ombudsmen The appointment process for the Ombudsman and Deputy Ombudsmen involves the following steps: 1. JBC Nomination: ◦ The Judicial and Bar Council (JBC) is tasked with preparing a shortlist of nominees for the position of Ombudsman and Deputy Ombudsmen. ◦ The JBC typically prepares a list of at least three nominees for each position. 1. Presidential Appointment: ◦ The President of the Philippines appoints the Ombudsman and Deputy Ombudsmen from the list of nominees submitted by the JBC. ◦ The President's choice is not subject to con rmation by the Philippine Congress Key Functions of the Ombudsman: 1. Investigation: The Ombudsman investigates complaints against government o cials and employees, including those in government-owned and controlled corporations. fi ffi ffi ffi ffi ffi ffi ffi ffi fi ffi ffi ffi ffi fi ffi  2. Prosecution: The Ombudsman les criminal and administrative cases against erring public o cials before the Sandiganbayan, a special court that handles graft and corruption cases. 3. Preventive Measures: The Ombudsman promotes good governance and public accountability by issuing preventive measures, such as advisories and recommendations, to government agencies. 4. Mediation and Conciliation: The Ombudsman can mediate and conciliate disputes between government o cials and the public. 5. Public Education: The Ombudsman conducts public education campaigns to raise awareness about corruption and good governance. Fiscal Autonomy of the Ombudsman The Ombudsman enjoys scal autonomy, which means it has the power to independently manage its budget and nancial resources. This autonomy is essential to ensure the Ombudsman's independence and ability to carry out its functions without undue in uence from other government agencies. Fiscal autonomy allows the Ombudsman to: Determine its budget: The Ombudsman can prepare and submit its budget proposal to Congress, ensuring that it has adequate funding to carry out its mandate. Manage its nances: The Ombudsman has the authority to manage its own funds and disburse them as needed. Hire and re personnel: The Ombudsman has the power to hire, promote, and dismiss its own employees, subject to civil service rules and regulations. Why is the Ombudsman Impeachable? The Ombudsman is considered an impeachable o cer because of the signi cant power and authority vested in the o ce. As the primary anti-corruption watchdog in the Philippines, the Ombudsman has the power to investigate and prosecute high-ranking government o cials, including Cabinet members and even the President. The Regalian Doctrine (Jura Regalia) The Regalian Doctrine is a fundamental principle in Philippine law that asserts the State's ownership of all lands and natural resources within its territory. This means that all lands, whether on land or underwater, belong to the State, and private ownership of land is derived from a grant by the State. How the Regalian Doctrine Works The State, as the ultimate owner of land and natural resources, has the power to: 1. Classify Lands: The State classi es lands into di erent categories, such as agricultural, forest, mineral, and national park lands. 2. Alienate Lands: The State can alienate or dispose of public lands through various means, such as sale, lease, or grant. However, this is typically done for speci c purposes, such as agricultural use or residential development. 3. Regulate Land Use: The State imposes regulations on the use of land to ensure sustainable development and environmental protection. 4. Recover Alienated Lands: The State can reclaim or recover lands that have been illegally acquired or improperly used. Classi cation of Lands in the Public Domain Public lands are classi ed into four categories: 1. Agricultural Lands: These lands are suitable for agriculture and can be alienated to private individuals. 2. Forest or Timber Lands: These lands are primarily covered with forests and are primarily for timber production and environmental conservation. 3. Mineral Lands: These lands contain mineral resources and are subject to speci c mining laws and regulations. 4. National Parks: These lands are designated for the preservation of natural resources and for recreational purposes. ffi fi ffi fi fi fi fi fi fi fi fl ff ffi fi ffi fi fi ffi  Additional Disposable and Alienable Lands Aside from agricultural lands, other lands can be classi ed as alienable and disposable, such as: Residential Lands: Lands suitable for residential development. Commercial Lands: Lands suitable for commercial activities. Industrial Lands: Lands suitable for industrial development. Why are these lands alienable and disposable? These lands are considered alienable and disposable because the State has determined that they are not essential for public use or national interest. By allowing private individuals to own and develop these lands, the State aims to promote economic growth, social development, and individual property rights. While the Regalian Doctrine establishes the State's ownership over land and natural resources, there are limitations and exceptions: Private Lands: Lands that have been validly acquired through government grants or other legal means are considered private property. Indigenous Peoples' Rights: Indigenous peoples have certain rights to ancestral lands and domains, recognized and protected by law. Public Domain: Certain lands, such as parks, forests, and waterways, are classi ed as public domain and are subject to speci c regulations. Local Autonomy in the Philippines Local Autonomy in the Philippines refers to the power and authority granted to local government units (LGUs) to manage their own a airs. This decentralization of power aims to empower LGUs to address local issues more e ectively and e ciently. Local Government Units (LGUs) in the Philippines The Philippines has a multi-tiered system of LGUs: 1. Autonomous Regions: ◦ Bangsamoro Autonomous Region in Muslim Mindanao (BARMM): This region enjoys a high degree of autonomy, with its own parliament and government. 1. Provinces: ◦ Provinces are the largest political subdivisions of the Philippines. They are further divided into municipalities and cities. 1. Cities: ◦ Component Cities: These cities are part of a province. ◦ Independent Component Cities: These cities are not part of any province. ◦ Highly Urbanized Cities: These cities are independent cities with a high level of urbanization and development. 1. Municipalities: These are political subdivisions of provinces. 2. Barangays: The smallest political units in the Philippines, serving as the basic unit of local government. Powers and Functions of LGUs LGUs have a wide range of powers and functions, including: Legislative Power: The power to enact ordinances and resolutions. Executive Power: The power to implement laws and ordinances. Judicial Power: The power to settle local disputes through local courts. Fiscal Power: The power to impose local taxes and fees. Police Power: The power to regulate activities within their jurisdiction. Fiscal Autonomy LGUs are granted scal autonomy, which means they have the power to generate their own revenue through local taxes and fees. This autonomy allows LGUs to fund their own programs and projects without relying solely on national government subsidies. Types of Sangguniang There are di erent types of Sangguniang, depending on the level of the LGU: 1. Sangguniang Panlalawigan (Provincial Board): This is the legislative body of a province. 2. Sangguniang Panlungsod (City Council): This is the legislative body of a city. ff ff fi ffi fi ff fi fi  3. Sangguniang Bayan (Municipal Council): This is the legislative body of a municipality. 4. Sangguniang Barangay (Barangay Council): This is the legislative body of a barangay. Composition of a Sangguniang The composition of a Sangguniang varies depending on the level of the LGU. However, generally, it consists of: Elected Members: These are the councilors who are directly elected by the people. The Vice Mayor: In cities and municipalities, the Vice Mayor serves as the presiding o cer of the Sangguniang. The Punong Barangay: In barangays, the Punong Barangay (Barangay Captain) presides over the Sangguniang Barangay. What is an Amendment? An amendment is a formal change or addition to a legal document, such as a constitution. In the context of the Philippine Constitution, an amendment is a modi cation to its provisions to address evolving needs, correct errors, or adapt to changing circumstances. How the Three Methods of Constitutional Amendment Work 1. Constitutional Convention 1. Initiation: Congress, by a two-thirds vote of all its Members, calls for a Constitutional Convention. 2. Election of Delegates: Elections are held to elect delegates to the Constitutional Convention. 3. Constitutional Convention: The elected delegates convene to deliberate and propose amendments to the Constitution. 4. Rati cation: The proposed amendments are submitted to the people for rati cation through a plebiscite. 2. Constituent Assembly 1. Initiation: Congress, by a three-fourths vote of all its Members, convenes itself into a Constituent Assembly. 2. Deliberation and Proposal: The Congress, acting as a Constituent Assembly, deliberates on and proposes amendments to the Constitution. 3. Rati cation: The proposed amendments are submitted to the people for rati cation through a plebiscite. 3. People's Initiative 1. Proposal: At least 12% of all registered voters, with at least 3% of registered voters from each legislative district, sign a petition proposing amendments to the Constitution. 2. Veri cation: The Commission on Elections (COMELEC) veri es the signatures and determines if the required number of signatures has been met. 3. Rati cation: If the signatures are veri ed, the proposed amendments are submitted to the people for rati cation through a plebiscite. Key Points to Remember: Rati cation: Regardless of the method used, any proposed amendment must be rati ed by a majority vote in a plebiscite. Limitations: Each method has its own limitations, and the choice of method often depends on the nature and scope of the proposed amendments. Public Participation: Public participation is crucial in the amendment process, as it ensures that the proposed changes re ect the will of the people. Summary of Frivaldo vs. COMELEC (G.R. No. 120295, June 28, 1996): Facts: Juan G. Frivaldo, a candidate for Governor of Sorsogon in the 1995 elections, faced a disquali cation petition due to questions about his citizenship. His opponent, Raul R. Lee, argued that Frivaldo was not a Filipino citizen. Despite the Commission on Elections (COMELEC) initially disqualifying him, Frivaldo continued his candidacy, won the election, but Lee was proclaimed Governor. Frivaldo later led a petition claiming he had re-acquired Filipino citizenship through repatriation under Presidential Decree (P.D.) No. 725 before the proclamation. The COMELEC annulled Lee's proclamation, recognizing Frivaldo’s citizenship. Lee contested the decision, leading to the case being brought before the Supreme Court. fi fi fi fi fi fi fl fi fi fi fi fi fi fi fi ffi  Issues: 1. Was Frivaldo’s repatriation valid, and did it cure his lack of citizenship, making him eligible to hold o ce? 2. Can a prior disquali cation due to loss of citizenship serve as a permanent barrier to eligibility for public o ce? 3. Did COMELEC have jurisdiction over the petition, given it was post-election? 4. Was Lee’s proclamation as governor valid? 5. Did COMELEC exceed its jurisdiction by preventing Frivaldo from assuming o ce after the statutory period? Court’s Decision: The Supreme Court ruled in favor of Frivaldo, emphasizing the following points: 1. Repatriation and Citizenship: The Court validated Frivaldo’s repatriation under P.D. 725, recognizing that repatriation restores his Filipino citizenship, with retroactive e ect to the date of his application. This cured his disquali cation, making him eligible for the gubernatorial position. 2. Disquali cation and Perpetual Bar: The Court ruled that a prior disquali cation due to loss of citizenship is not a permanent barrier, as citizenship can be restored through repatriation, which had a retroactive e ect. 3. COMELEC’s Jurisdiction: The Court a rmed that the COMELEC had jurisdiction over the case, noting its broad authority in election-related matters, including quali cations and disquali cations of candidates. 4. Lee’s Proclamation: The Court invalidated Lee’s proclamation, emphasizing that the will of the electorate, demonstrated by Frivaldo's clear electoral victory, should prevail. It reiterated that a second placer should not be declared the winner in case of disquali cation of the rst placer. 5. Timeliness of COMELEC’s Decision: The Court clari ed that even if the COMELEC did not decide within the prescribed time frame of Section 78 of the Omnibus Election Code, it still had the jurisdiction to resolve the issue under R.A. 6646. Doctrine Established: 1. Repatriation Under P.D. 725: The case established that repatriation under P.D. 725 restores citizenship retroactively, thereby allowing the individual to rectify previous disquali cations due to loss of citizenship. 2. COMELEC’s Broad Jurisdiction: The decision con rmed that the COMELEC has wide jurisdiction over election-related disputes, including disquali cations and quali cations of candidates. 3. Respecting the Electorate’s Will: The Court underscored the importance of respecting the voters’ choice over technical legalities, ensuring that the people's will is paramount in election disputes. Connection to Citizenship in the Philippine Constitution: The case of Frivaldo vs. COMELEC highlights the constitutional principle that only Filipino citizens are eligible to run for and hold public o ce (Article VII, Section 1 of the Philippine Constitution). This case underscores how Filipino citizenship can be lost and later restored through processes like repatriation (e.g., P.D. 725), which is an essential tool for those who lost their citizenship but wish to regain it. The Court's ruling also reinforces that a candidate’s disquali cation due to a previous loss of citizenship is not permanent, provided the candidate has legally regained their citizenship before the election results are nalized. PRESIDENTIAL DECREE No. 725 June 5, 1975 PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL BORN FILIPINOS WHEREAS, there are many Filipino women who had lost their Philippine Citizenship by marriage to aliens; WHEREAS, while the new constitution allows a Filipino woman who marries an alien to retain her Philippine citizenship unless by her act or omission, she is deemed under the law to have renounced her Philippine citizenship, such provision of the new Constitution does not apply to Filipino women who had married aliens before said Constitution took e ect; WHEREAS, the existing law (C.A. Nos. 63, as amended) allows the repatriation of Filipino women who lost their citizenship by reason of their marriage to aliens only after the death of their husbands or the termination of their marital status; and ffi fi fi fi fi ffi ff ffi fi fi fi fi fi fi fi ff fi fi fi ffi fi ffi ff  WHEREAS, there are natural born Filipinos who have lost their Philippine citizenship but now desire to re- acquire Philippine citizenship; Concededly, he sought American citizenship only to escape the clutches of the dictatorship. At this stage, we cannot seriously entertain any doubt about his loyalty and dedication to this country. At the rst opportunity, he returned to this land, and sought to serve his people once more. The people of Sorsogon overwhelmingly voted for him three times. He took an oath of allegiance to this Republic every time he led his certi cate of candidacy and during his failed naturalization bid. And let it not be overlooked, his demonstrated tenacity and sheer determination to re-assume his nationality of birth despite several legal set-backs speak more loudly, in spirit, in fact and in truth than any legal technicality, of his consuming intention and burning desire to re-embrace his native Philippines even now at the ripe old age of 81 years. fi fi fi