CWTS-I-Midterms.docx

**REPUBLIC ACT 9163** -- also known as **National Service Training Program (NSTP) Act of 2001** - recognizing the youth's vital role in nation building - promote civic consciousness - develop their physical, moral, spiritual. Intellectual and social well-being - inculcate **patriotis...

**REPUBLIC ACT 9163** -- also known as **National Service Training Program (NSTP) Act of 2001** - recognizing the youth's vital role in nation building - promote civic consciousness - develop their physical, moral, spiritual. Intellectual and social well-being - inculcate **patriotism**, **nationalism**, and **advance involvement** in public anf civic affairs - is an act establishing the National Service Training Program (NSTP) for tertiary level students, amending for the purpose **Republic Act 7077** and Presidential Decree 1708 and for other purposes. - enacted on **January 23, 2002** -- date of approval and signature of President Gloria Macapagal-Arroyo. - **Section 1: Short Title** - This Act shall be known as the "National Service Training Program (NSTP) Act of 2001". - **Section 2: Declaration Of Policies** - There is hereby affirmed the prime duty of the government to serve and protect its citizens, In turn, it shall be the responsibility of all citizens to defend the security of the State and in fulfillment thereof, the government may require each citizen to render personal, military or civil service. - Recognizing the youth's vital role in nation-building, the State shall promote civic consciousness among the youth and shall develop their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism, nationalism, and advance their involvement in public and civic affairs. - In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in military training, literacy, civic welfare and other similar endeavors in the service of the nation. - **Section 3: Definition Of Terms** a. "**National Service Training Program (NSTP)**" is a program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of service and patriotism while undergoing training in any of its three (3) program components. Its various components are specially designed to enhance the youth's active contribution to the general welfare. b. **"Reserve-Officers' Training Corps (ROTC)"** is a program institutionalized under Sections 38 and 39 of Republic Act No. 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness. c. **"Literacy Training Service"** is a program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service. d. **"Civic Welfare Training Service"** refers to programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry. e. "**Program component"** shall refer to the service components of the NSTP as enumerated Section 4 of this Act. - **Section 4: Establishment Of The National** **Service Training Program** - There is hereby established a National Service Training Program (NSTP), which shall form part of the curricula of all baccalaureate degree courses and of at least two (2)-year technical-vocational courses and is a requisite for graduation, consisting of the following service components: 1. The Reserve Officers' Training Corps (ROTC), which is hereby made optional and voluntary upon the effectivity of this Act; 2. The Literacy Training Service; and 3. The Civil Welfare Training Service. - The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and adherence to the Constitution, among others. Citizenship training shall be given emphasis in all three (3) program components. - The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), in consultation with the Department of National Defense (DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) and other concerned government agencies, may design and implement such other program components as may be necessary in consonance with the provisions of this Act. - **Section 5: Coverage** - Students, male and female, of any baccalaureate degree course or at least two (2)-year technical-vocational courses in public and private educational institutions shall be required to complete one (1) of the NSTP components as requisite for graduation. - **Section 6: Duration And Equivalent Course Unit** - Each of the aforementioned NSTP program components shall be undertaken for an academic period of two (2) semesters. - In lieu of the two (2)-semester program for any of the components of the NSTP, a one (1) summer program may be designed, formulated and adopted by the DND, CHED and TESDA. - **Section 7: NSTP Offering In Higher And Technical- Vocational Educational Institutions** - All higher and technical-vocational institutions, public and private, must offer at least one of the program components: Provided, That State universities and colleges shall offer the ROTC component and at least one other component as provided herein: Provided, further, That private higher and technical-vocational education institutions may also offer the ROTC if they have at least three hundred and fifty (350) cadet students. - In offering the NSTP whether during the semestral or summer periods, clustering of affected students from different educational institutions may be done, taking into account logistics, branch of service and geographical considerations. Schools that do not meet the required. Number of students to maintain the optional ROTC and any of the NSTP components shall allow their students ents to cross-enroll to other schools irrespective of whether or not the NSTP components in said schools are being administered by the same or another branch of service of the Armed Forces of the Philippines (AFP), CHED and TESDA to which schools are Identified. - **Section 8: Fees And Incentives** - Higher and technical-vocational institutions shall not collect any fee for any of the NSTP components except basic institution fees, which shall not be more than fifty percent (50%) of what is currently charged by schools per unit. - In the case of the ROTC, the DND shall formulate and adopt a program of assistance and/or incentive to those students who will take the said component - The school authorizes concerned, the CHED and TESDA shall ensure that group insurance for health and accident shall be provided for students enrolled in any of the NSTP components. - **Section 9: Scholarships** - There is hereby created a Special Scholarship Program for qualified students taking the NSTP which shall be administered by the CHED and TESDA. Funds for this purpose shall be included in the annual regular appropriations of the CHED and TESDA. - **Section 10: Management Of The NSTP Components** - The school authorities shall exercise academic and administrative supervision over the design, formulation, and adoption and implementation of the different NSTP components in their respective schools: Provided, That in case a CHED or TESDA-accredited non- government organization (NGO) has been contracted to formulate and administer a training module for any of the NSTP components, such academic and administrative supervision shall be exercised jointly with that accredited NGO: Provided, further. That such training module shall be accredited by the CHED and TESDA. - The CHED and TESDA regional offices shall oversee and monitor the implementation of the NSTP under their jurisdiction to determine if the trainings are being conducted in consonance with the objectives of this Act. Periodic reports shall be submitted to the CHED, TESDA and DND in this regard. - **Section 11: Creation Of The National Service Reserve Corps** - There is hereby created a National Service Reserve Corps, to be composed of the graduates of the non-ROTC components. Members of this Corps may be tapped by the State for literacy and civic welfare activities through the joint effort of the DND, CHED and TESDA. - Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to Republic Act No. 7077. - **Section 12: Implementing Rules** - The DND, CHED and TESDA shall have the joint responsibility for the adoption of the implementing rules of this Act within sixty (60) days from the approval of this Act. - These three (3) agencies shall consult with other concerned government agencies, the PASUC and COCOPEA, NGOs and recognized student organizations in drafting the implementing rules. - The implementing rules shall include the guidelines for the adoption of the appropriate curriculum for each of the NSTP components as well as for the accreditation of the same. - **The Flag and Heraldic Code of the Philippines** - **Republic Act 8491** **Sec. 2** States that it is the policy of the state to prescribe the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines, ensure the promotion and implementation of its corresponding rules and regulations, and adopt effective administrative, regulatory, coordinative and supervisory programs and activities, where appropriate, in conformity with national government policies. **Sec. 4** The Flag Heraldic Code of the Philippines will promote or sustain reverence and respect for the flag, the anthem and other national symbols, and those which symbolizes the national ideals and traditions. - **Definitions of Terms** a. **Military** -- shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection; b. **Festoon** -- shall mean to hang in a curved shape between two points as a decoration; c. **Flag** -- shall mean the Philippine National Flag, unless stated otherwise; d. **Fly** -- shall mean the part of the flag outside the hoist or length; e. **Symbol** -- shall mean any conventional sign which reveals man's achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia); f. **Half-Mast** -- shall mean lowering the flag to one-half the distance between the top and bottom of the staff; g. **Hoist** -- shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached; h. **Inclement Weather** -- shall mean that a typhoon signal is raised in the locality; i. **National Anthem** -- shall mean the Philippine National Anthem' j. **Official Residences** -- shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad; k. **Places of Frivolty** -- shall mean places of hilarity marked by or providing boisterous merriment or recreation; and l. **Institute** -- shall mean the National Historical Institute. - **Hoisting and Display of the National Flag** **Section 5**. The flag shall be displayed in all public buildings, official residences public plazas, and institutions of learning everyday throughout the year. **Section** **6**. The flag shall be permanently hoisted, day and night throughout the year, in front of the following; at Malacanang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier, Libingan ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all International Ports of Entry and all other places as maybe designated by the Institute. The flag shall be properly Illuminated at night. **Section 7**. The flag shall also be displayed in private buildings and residences or raised in the open flag-staffs in front of said buildings every April 9 (Araw ngKagitingan); May 1 (Labor Day); May 28 (National Flag Day) to June 12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December 30 (Rizal Day); and on such other days as may be declared by the President and/or local chief executives. The flag may also be displayed throughout the year In private buildings or offices or raised in the open on flag-staffs in front of private buildings: Provided, that they observe flag-raising ceremonies in accordance with the rules and regulations to be issued by the Office of the President. - **Conduct of Flag Raising Ceremony** **Section 18.** All government offices and educational institutions shall henceforth observe the flag-raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. The ceremony shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem. **Section 19.** The office of the President upon the recommendation of the Institute shall issue rules and regulations for the proper conduct of the flag ceremony. **Section 20. **The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo. **Section 21**. During the flag-raising ceremony, the assembly shall stand in formation racing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall :.ace their right palms over their chests, those with hats shall uncover, while those in military, scouting, security guard, and citizens military training uniforms shall give salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem. The assembly shall sing the Philippine national anthem, accompanied by a band, are available, and at the first note, the flag shall be raised briskly. The same procedure shall be observed when the flag is passing in review or in parade. **Section 22.** During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising ceremony. - **Half-Mast:** The National Flag should be at half-mast as a sign of mourning on all the buildings and places where it is displayed on the official day of announcement of the death of the following officials: a. The President or former President (10 days); b. The Vice-President, the Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives (7 days) c. Cabinet Secretaries, Associate Justice of the Supreme Court, Members of the Senate and House of Representatives, the Chief of Staff of the Armed Forces of the Philippines and the Director-General of the Philippine National Police (5 days); d. Head of National Government Agencies, including Government Owned and Control Corporations and Government Financial Institutions (3 days) e. The Commanding Generals of the Philippine Air Force and the Philippine Army and the Flag Officer in Command of the Philippine Navy (3 days) f. Governors, Vice-Governors, city and municipal Mayor, city and municipal Vice-Mayors (3 days) g. Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan (on the day of interment) h. Barangay Chairmen and Barangay Councilmen on the day of interment i. Former National or Local Government Officials, appointive or elective j. Regional Directors, Superintendents, Supervisors, Principals, Teachers and other school officials **Note:** During calamities and disasters, National Flag shall also be flown at half-mast. The flag must be raised to the top of the pole before it is lowered to the half-mast position; and before it is lowered for the day it must be raised to the top again. - **Casket** **Sec. 28** The National Flag may be used to cover the caskets of the dead honored men (military, veterans of previous wars, National Artists and other civilians) who rendered noble service to our nation. It should not touch the ground but must be folded solemnly and handed it to the heirs of the deceased. No object must be placed on top of it except for the religious objects that symbolizes "God above the country". RULE: When positioning the flag, the white triangle must be at the head of the casket while the blue field must cover the right side. To prevent the flag from falling off, a black band may be wrapped along the side of the casket. **Sec. 39** It is prohibited: A. To mutilate, deface, defile, trample on, cast contempt, or commit any act or omission casting dishonor or ridicule upon the National Flag or over its surface; B. To dip the National Flag to any person or object by way of compliment or salute; C. To use National Flag a. As drapery, festoon, tablecloth; b. As covering for ceilings, walls, statues or other objects; c. As a pennant in the hood, side, back and top of motor vehicles; d. As a staff or whip; D. To display the National Flag: a. Under any painting or picture; b. Horizontally. It shall always be hoisted aloft and be allowed to fall freely; c. Below any platform; or d. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails. E. To wear the National Flag in whole or in part as a costume or uniform; F. To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the National Flag; G. To print, paint or attach representation of the National Flag on handkerchiefs, napkins, cushions, and articles of merchandise; H. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations; I. To use or display or be part of any advertisement or infomercial; and J. To display the National Flag in front of buildings or offices occupied by aliens. - **Pledge To The National Flag** **Sec. 29** The following shall be the Pledge of Allegiance to the National Flag: (Panunumpa ng Katapatan sa Watawat ng Pilipinas) Note: This pledge should be recited right after singing the National Anthem with the right palm open and shoulder raised high. **National Anthem (Lupang Hinirang)** The National Anthem should be interpreted in accordance with the musical arrangement and composition of Julian Felipe with its original lyrics and tempo. **Section 37**. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe. **Section 38.** When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor. As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizen's military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem. The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: a. International competitions where the Philippines is the host or has a representative; b. Local competitions; c. During "signing off" and "signing on" of radio broadcasting and television stations; d. Before the initial and last screening of films or before the opening of theater performances; and e. Other occasions as may be allowed by the Institute. **Section 39.** All officials and employees of the national and local governments, and any agencies or instrumentalities thereof, including government-owned or controlled corporations, privately-owned entities of offices displaying the national flag and government institutions of learning are hereby directed to comply strictly with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground for administrative discipline. - **National Motto** a. Makadiyos b. Makatao c. Makakalikasan d. Makabansa - **The National Coat of Arms** **Section 41**. The National Coat-of-Arms shall have: Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words "REPUBLIKA NG PILIPINAS," inscribed thereon. - **The Great Seal** **Section 42.** The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words "Republika ng Pilipinas." For the purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used. The Great Seal shall bear the National Motto. **Section 43**. The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or as may be required by custom and usage. The President shall have custody of the Great Seal. - - - - - - **Philippine Constitution Preamble** - Philippine Constitution (Saligang Batas ng Pilipinas) is the supreme law of the Republic of the Philippines - It was ratified by a national plebiscite on February 2, 1987 - The Philippine Constitution of 1987 is the recent among the constitutions ratified since the country's independence on 1898 - The 1899 Malolos Constitution (1899-1901) - The 1935 Constitution (1935-1943, 1945-1973) - The 1943 Constitution (1943-1945) - The 1973 Constitution (1973-1986) - Parts The Constitution is of the 1987 Constitution divided into 18 par excluding the Preamble, which called Articles. The Articles are as follows - **The Preamble** - The term **preamble** is derived from the Latin term **preambulare**, which means, "**to walk before.**" - It is an invocation or the opening prayer in any activity or the prologue of the constitution, invoking the highest sovereign God Almighty to bless this instrument. - This is not an integral part of the constitution and could not enforced, however its significance is that studies made showed that almost all of the constitution made to contain a 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." - **Philippine Constitution Article III (Bill of Rights)** - **Bill of Rights --** defined as a declaration and enumeration of the individual rights and privileges which the Constitution is designed to protect against violations by the government or any individual or groups of individuals - **Classification of Rights** 1. **Natural Rights** -- possessed by every citizen without being granted by the State for they are conferred by God so that human being may live a fulfilled life. Examples: the right to live ; the right to love. 2. **Constitutional Rights** -- conferred and protected by the Constitution. They cannot be modified or taken away by the laws-making body. Constitutional Rights are classified as follows: 2.1. **Political Rights** -- clothes the citizens with the power to participate , directly or indirectly, in the establishment or administration of the government. Examples: right of citizenships; suffrage. 2.2. **Civil Rights** -- enforced by law at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. 2.3. **Social and Economic Rights** -- intended to ensure the well- being and economic security of the individual. 2.4. **Rights of the Accused** -- intended for the protection of a person accused of any crime. 3. **Statutory Rights** -- provided by laws promulgated by the law-making body and may be abolished by the same body. - **The Rights of the individual as provided under the Bill of Rights (Article III)** **Section 1. No person shall be deprived of life, liberty, or property** without due process of laws, nor shall any person be denied the equal protection of the laws. **Section 2.** The right of persons to be **secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature 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 witness he may produce, and particularly describing the place to be searched and the person or things to be seized. **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. **(2)** Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding **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. **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. **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. **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.** **Section 10.** No law impairing the **obligation of contracts shall be passed.** **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 and rehabilitation of victims of torture or similar practices, and their families.** **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.** **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. **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.** **Section 16. All persons shall have the right to a speedy disposition of their cases** before all judicial, quasi-judicial, or administrative bodies. **Section 17. No person shall be compelled to be a witness against himself.** **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. **Section 19. (1)** **Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted**. Neither shall the 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. **Section 20.** No person shall be imprisoned **for debt or non-payment of a poll tax.** **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. **Section 22.** No ex post facto law or bill of attainder shall be enacted. - **Philippine Constitution Article IV (Citizenship)** - **Citizenship** -- denotes membership of a permanent character in a political community. A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its protection. - **Article IV -- Citizenship** **Section 1.** The following are citizens of the Philippines: 2. 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. - **Methods of Acquiring Citizenship** A. **Citizenship by birth** a. **Jus Sanguinis** -- the principle of determining a person's citizenship through one or both of their parents' citizenships. It means the "right of blood" and is also referred to as the principle of descent. b. **Jus Soli** -- under this principle a child's citizenship is determined by the place of birth. B. **Citizenship by Naturalization** - **Naturalization** refers to an act whereby person acquires a citizenship different from that person's citizenship at birth. - Foreigners under certain provisions of Article XII of the 1987 Constitution on National Economy and Patrimony **cannot own land or invest in stock equity of corporations engaged in certain nationalized economic activities. As foreigners, they do not enjoy the political and civil rights of a Filipino citizen.** - But, can foreigners become citizens of the Philippines? The answer is in the affirmative. Foreign nationals **can be naturalized and eventually become Filipino citizens.** - Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen. Under current and existing laws, there are three ways by which an alien may become a citizen by naturalization: ***(a) administrative naturalization pursuant to Republic Act No. 9139; (b) judicial naturalization pursuant to Commonwealth Act. No. 473, as amended, and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien.*** - **Administrative naturalization** is provided for under Republic Act 9139, otherwise known as "The Administrative Naturalization Law of 2000". The applicant must be a foreigner who was born, who studied and has resided in the Philippines since birth and must be at least 18 years old at the time of filing the petition. - The application process is commenced by filing a verified petition with the Office of the Special Committee on Naturalization (SCN) at the Office of the Solicitor General. The petition is then published once a week for three consecutive weeks in a newspaper of general circulation. The petition will be furnished to pertinent government agencies like the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the National Bureau of Investigation (NBI) for clearance and lack of derogatory record on the petitioner. The SCN, who has the power to approve or deny the petition is composed of the (1) Solicitor General as Chairman, (2) the Secretary of Foreign Affairs or his duly authorized representative and (3) the National Security Adviser as members. - If a foreigner made a significant contribution to the public life in the Philippines, he or she may apply to become naturalized citizen of the Philippines through legislative naturalization. **Legislative naturalization** is done through an act of Congress which is composed of the House of the Representatives and the Senate of the Philippines. - In the case of **legislative naturalization**, Filipino citizenship may be acquired by any interested foreigner who has made the said significant contribution as mentioned above when a naturalization bill has been filed by any member or the House of the Representatives or the Senate of the Philippines. - Thus, the legislative naturalization has to undergo the requirement of three readings on separate days in the house of Congress where it originates. In other words, if the naturalization bill was filed or sponsored by a member of the House of Representatives, is has to pass the three readings on separate days in the House of the Representatives. Same goes should the bill was file or originated from the Senate of the Philippines. - If the naturalization bill successfully passed the said three readings and was subsequently approved by an affirmative vote of the majority of the members present, said naturalization bill will be transmitted to the other house of Congress which is the Senate of the Philippines (or to the House of Representatives as the case may be) for the same legislative process, that is three readings on separate days. - Should there be no problem between the versions of the naturalization bill from the two houses, copies of the bill will be transmitted to the President of the Philippines for his signature and approval. Thereafter, the bill now becomes a law. The foreigner applicant is now considered a naturalized Filipino citizen who is to enjoy same rights and responsibilities of a fellow Filipino citizen after the publication of the naturalization law, oath taking and the issuance of a Certificate of Naturalization by the Bureau of Immigration. - **Judicial naturalization** is governed by Commonwealth Act 473, otherwise known as the "Revised Naturalization Law" as amended. The judicial naturalization may be filed by a foreigner applicant in the Regional Trial Court where he has resided for at least one year before the filing of his petition. - **Qualifications for judicial naturalization** 1. He must be at least 21 years of age at the date of hearing; 2. He must have resided in the Philippines for a continuous period of not less than 10 years; 3. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in relation with the constituted government as well as with the community in which he is living; 4. He must own a real estate in the Philippines or must have some known lucrative trade, profession, or lawful occupation; 5. He must be able to speak and write English or Spanish and any of the principal Philippine languages; and 6. He must have enrolled his minor children in schools where Philippine history, government and civics are part of the curriculum 7. However, the requirement of ten (10) years of continuous residence as mentioned above may be reduced to five (5) years for any applicant or petitioner having any of the following qualifications: 8. Having honorably held office under the Government of the Philippines; 9. Having established a new industry or introduced a useful invention in the Philippines; 10. Being married to a Filipino woman; 11. Having been engaged as a teacher in the Philippines in a public or recognized private school for not less than two (2) years. Take note that the school must not have been established for the exclusive instruction of children of persons of a particular nationality or race; 12. Having been born in the Philippines. 13. In addition, the applicant must, one year prior to the filing of the petition before the court, file a Notice of Intent to acquire Philippine Citizenship with the Office of the Solicitor General. Said Notice of Intent may be dispensed with, if the applicant was born or studied his primary and secondary education in the country or resided in the Philippines continuously for thirty (30) years. - **Duties and Obligations of a Citizen** 1. To be loyal to the Republic 2. To defend the State. 3. To contribute to the development and welfare of the State. 4. To uphold the constitution and obey the laws. 5. To cooperate with the duly constituted authorities. 6. To exercise rights responsibly and with due regard for the rights of others. 7. To engage in gainful work 8. To register and vote. - **Philippine Constitution Article V (Suffrage)** - **ARTICLE V: SUFFRAGE** - Suffrage is the right and obligation of a qualified citizen to vote in the election of certain national and local officials of the government and in the decision of public questions submitted to the people. - **ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES** - **Article V- Suffrage** - **Scope of Suffrage** 1. **Election** -- a political exercise whereby the sovereign people choose a candidate to fill up an elective government position. 2. **Plebiscite** a political right of sovereign people to ratify or reject constitutional amendments or proposed laws. 3. **Referendum** -- the right reserved to the people to adopt or reject any act of measure which has been passed by a legislative body and which in most cases would, without action on the part of the electors, becomes a law. 4. **Initiative** -- the power of the people to propose bills and laws and to enact or reject them at the polls, independent of the legislative assembly. 5. **Recall** -- a system by which an elective official is removed by popular vote the end of his term. - **Eligibility Requirements** - **Eligibility Requirements for Regular Voters** 1. Filipino citizen who has never registered with the COMELEC 2. At least 18 years old on or before the upcoming elections 3. Living in the Philippines for at least one year 4. For barangay elections: Living in the barangay where they intend to vote for not less than six months prior to election day - **Eligibility Requirements for Sangguniang Kabataan Voters** 1. Filipino citizen who has never registered with the COMELEC 2. At least 15 but not older than 30 years old on or before the SK Elections 3. Living in the barangay for not less than six months prior to election day - **Persons Who Are Disqualified to Vote** 1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year. However, he/ she may reacquire the right to vote upon expiration of five years after service of sentence. 2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his/her full civil and political rights in accordance with law provided that he/she shall regain his right to vote automatically upon expiration of five years after service of sentence. 3. Insane or incompetent persons as declared by competent authority. - **VOX POPULI, VOX DEI** - The voice of the people is the voice of God.