given their ordinary meaning except where technical

A constitution is a system of fundamental laws for terms are employed. As much as possible, the words
the governance and administration of a nation. It is of the Constitution should be understood in the
supreme, imperious, absolute and unalterable sense they have in common use. What it says
except by the authority from which it emanates. It according to the text of the provision to be construed
has been defined as the fundamental and paramount compels acceptance and negates the power of the
law of the nation. It prescribes the permanent courts to alter it, based on the postulate that the
framework of a system of government, assigns to the framers and the people mean what they say. Verba
different departments their respective powers and legis non est recedendumfrom the words of a
duties, and establishes certain fixed principles on statute there should be no departure.
which government is founded. The fundamental
conception in other words is that it is a supreme law The raison d tre for the rule is essentially two-
to which all other laws must conform and in fold: First, because it is assumed that the words in
accordance with which all private rights must be which constitutional provisions are couched
determined and all public authority administered. express the objective sought to be
attained; and second, because the Constitution is
Under the doctrine of constitutional supremacy, not primarily a lawyers document but essentially
if a law or contract violates any norm of the that of the people, in whose consciousness it should
constitution that law or contract whether ever be present as an important condition for the
promulgated by the legislative or by the executive rule of law to prevail.
branch or entered into by private persons for private
purposes is null and void and without any force and Moreover, under the maxim noscitur a sociis,
effect. Thus, since the Constitution is the where a particular word or phrase is ambiguous in
fundamental, paramount and supreme law of the itself or is equally susceptible of various meanings,
nation, it is deemed written in every statute and its correct construction may be made clear and
contract. specific by considering the company of words in
which it is founded or with which it is associated.
If the plain meaning of the word is not found to be This is because a word or phrase in a statute is
clear, resort to other aids is available; The proper always used in association with other words or
interpretation of a constitutional provision phrases, and its meaning may, thus, be modified or
depends more on how it was understood by the restricted by the latter. The particular words,
people adopting it than the framers clauses and phrases should not be studied as
understanding thereof. In still the same case detached and isolated expressions, but the whole
of Civil Liberties Union v. Executive Secretary, this and every part of the statute must be considered in
Court expounded: While it is permissible in this fixing the meaning of any of its parts and in order to
jurisdiction to consult the debates and proceedings produce a harmonious whole. A statute must be so
of the constitutional convention in order to arrive at construed as to harmonize and give effect to all its
the reason and purpose of the resulting provisions whenever possible. In short, every
Constitution, resort thereto may be had only when meaning to be given to each word or phrase must be
other guides fail as said proceedings are powerless ascertained from the context of the body of the
to vary the terms of the Constitution when the statute since a word or phrase in a statute is always
meaning is clear. Debates in the constitutional used in association with other words or phrases and
convention are of value as showing the views of the its meaning may be modified or restricted by the
individual members, and as indicating the reasons latter.
for their votes, but they give us no light as to the
views of the large majority who did not talk, much WHAT is MEANT BY "JUDICIAL SUPREMACY".
less of the mass of our fellow citizens whose votes at The Constitution is a definition of the powers of
the polls gave that instrument the force of government. Who is to determine the nature, scope
fundamental law. We think it safer to construe the and extent of such powers? The Constitution itself
constitution from what appears upon its face. has provided for the instrumentality of the judiciary
as the rational way. And when the judiciary
One of the primary and basic rules in statutory mediates to allocate constitutional boundaries, it
construction is that where the words of a statute are does not assert any superiority over the other
clear, plain, and free from ambiguity, it must be departments; it does not in reality nullify or
given its literal meaning and applied without invalidate an act of the Legislature, but only asserts
attempted interpretation. It is a well-settled the solemn and sacred obligation assigned to it
principle of constitutional construction that the by the Constitution to determine conflicting
language employed in the Constitution must be claims of authority under the Constitution and

1
to establish for the parties in an actual In Casibang v. Aquino,7 we defined a justiciable
controversy the rights which that instrument issue as follows:
secures and guarantees to them. This is in truth
all that is involved in what is termed "judicial A purely justiciable issue implies a given right,
supremacy" which properly is the power of judicial legally demandable and enforceable, an act or
review under the Constitution. omission violative of such right, and a remedy
granted and sanctioned by law, for said breach of
JUDICIAL REVIEW LIMITED TO ACTUAL right.
LITIGATION; WISDOM, JUSTICE OR EXPEDIENCY
OF LEGISLATION.Even then, this power of The judiciarys role invokes the work of making a
judicial review is limited to actual cases and correct interpretation of the actions of the three
controversies to be exercised after full branches of government.While it is true that the
opportunity of argument by the parties, and contemporaneous construction placed upon a
limited further to the constitutional question statute by executive officers whose duty is to enforce
raised or the very lis mota presented. Any it should be given great weight by the courts, still if
attempt at abstraction could only lead to dialectics such construction is so erroneous, as in the instant
and barren legal questions and to sterile case, the same must be declared as null and void. It
conclusions unrelated to actualities. Narrowed as is the role of the Judiciary to refine and, when
its function is in this manner, the judiciary does not necessary, correct constitutional (and/or statutory)
pass upon questions of wisdom, justice or interpretation, in the context of the interactions of
expediency of legislation. More than that, courts the three branches of the government, almost
accord the presumption of constitutionality to always in situations where some agency of the State
legislative enactments not only because the has engaged in action that stems ultimately from
Legislature is presumed to abide by the Constitution some legitimate area of governmental power.
but also because the judiciary in the determination
of actual cases and controversies must reflect the The main role of courts of justice, which is to
wisdom and justice of the people as expressed assist in the enforcement of the rule of law and the
through their representatives in the executive and maintenance of peace and order, by settling
legislative departments of the government. justiciable controversies with finality.

MEANING OF "POLITICAL QUESTION"The term Judicial Review; Requisites; The power of judicial
"political question" connotes, in legal parlance, what review is the power of the courts to test the validity
it means in ordinary parlance, namely, a question of executive and legislative acts for their conformity
of policy. It in their sovereign capacity, or in regard with the Constitution.The power of judicial review,
to which full discretionary authority has been which power is expressly recognized under Section
delegated to the Legislature or executive branch of 4(2), Article VIII of the Constitution. The power of
the Government (16 C. J. S., 413). It is concerned judicial review is the power of the courts to test the
with issues dependent upon the wisdom, not validity of executive and legislative acts for their
legality, of a particular measure. It is clearly within conformity with the Constitution. Through such
the legitimate province of the judicial department to power, the judiciary enforces and upholds the
pass upon the validity of the proceedings in supremacy of the Constitution. For a court to
connection therewith. exercise this power, certain requirements must first
be met, namely: (1) an actual case or controversy
Supreme Courts expanded jurisdiction includes the calling for the exercise of judicial power; (2) the
authority to determine whether grave abuse of person challenging the act must have standing to
discretion amounting to excess or lack of jurisdiction challenge; he must have a personal and substantial
has been committed by any branch or instrumentality interest in the case such that he has sustained, or
of the government Involves the legality and not will sustain, direct injury as a result of its
the wisdom of the act. Even if the question were enforcement; (3) the question of constitutionality
political in nature, it would still come within our must be raised at the earliest possible
powers of review under the expanded jurisdiction opportunity; and (4) the issue of constitutionality
conferred upon us by Article VIII, Section 1, of the must be the very lis mota of the case.
Constitution, which includes the authority to
determine whether grave abuse of discretion Actual Case or Controversy
amounting to excess or lack of jurisdiction has been
committed by any branch or instrumentality of the Involves a conflict of legal rights, an assertion of
government. opposite legal claims susceptible of judicial
resolution; the case must not be moot or academic

2
or based on extra-legal or other similar for resolution and susceptible of judicial
considerations not cognizable by a court of determination; as opposed to one that is conjectural
justice. Stated otherwise, it is not the mere or anticipatory, hypothetical or feigned. A justiciable
existence of a conflict or controversy that will controversy involves a definite and concrete dispute
authorize the exercise by the courts of its power of touching on the legal relations of parties having
review; more importantly, the issue involved must adverse legal interests. Hence, it admits of specific
be susceptible of judicial determination. relief through a decree that is conclusive in
character, in contrast to an opinion which only
Prematurity advises what the law would be upon a hypothetical
state of facts.
Considering that these contingencies may or may
not happen, petitioners merely pose a hypothetical An aspect of the actual case or controversy
issue which has yet to ripen to an actual case or requirement is the requisite of ripeness. This is
controversy. generally treated in terms of actual injury to the
plaintiff. Thus, a question is ripe for adjudication
A proposed bill is not subject to judicial review when the act being challenged had a direct adverse
because it is not a law. A proposed bill creates no effect on the individual challenging it.
right and imposes no duty legally enforceable by the
Court. A proposed bill, having no legal effect, EARLIEST OPPORTUNITY
violates no constitutional right or duty. The Court
has no power to declare a proposed bill Seeking judicial review at the earliest opportunity
constitutional or unconstitutional because that does not mean immediately elevating the matter to
would be in the nature of rendering an advisory this Court. Earliest opportunity means that the
opinion on a proposed act of Congress. question of unconstitutionality of the act in question
should have been immediately raised in the
There can be no justiciable controversy involving the proceedings in the court below.
constitutionality of a proposed billthe Court can
exercise its power of judicial review only after a law The settled rule is that courts will not anticipate a
is enacted, not before. question of constitutional law in advance of the
necessity of deciding it. This Court held that such
MOOTNESS opportunity is in the pleadings before a competent
court that can resolve it, such that if it is not raised
A case is moot and academic when there is no more in the pleadings, it cannot be considered at the trial,
actual controversy between the parties or no useful and, if not considered at the trial, it cannot be
purpose can be served in passing upon the merits. considered on appeal.

An action is considered moot when it no longer Locus standi

presents a justiciable controversy because the issues
involved have become academic or dead. Defined as a right of appearance in a court of
justice on a given question.
EXCEPTIONS:
Legal standing means a personal and substantial
(1) there is a grave violation of the Constitution; interest in the case such that the party has
sustained or will sustain direct injury as a result of
(2) the situation is of exceptional character and the governmental act that is being challenged. The
paramount public interest is involved; term interest is material interest, an interest in
issue and to be affected by the decree, as
(3) the constitutional issue raised requires distinguished from mere interest in the question
formulation of controlling principles to guide the involved, or a mere incidental interest. Moreover,
bench, the bar, and the public; and the interest of the party plaintiff must be personal
and not
(4) the case is capable of repetition yet evading
review. one based on a desire to vindicate the
constitutional right of some third and unrelated
RIPENESS party.

The first requirement, the existence of a live case or Standing is a special concern in constitutional law
controversy, means that an existing litigation is ripe because in some cases, suits are brought not by

3
parties who have been personally injured by the the Court may brush aside technicalities of
operation of a law or by official action taken, but by procedure.
concerned citizens, taxpayers or voters who actually
sue in the public interest; On the other hand, the LEGISLATIVE
question as to real party-in-interest is whether
he is the party who would be benefited or injured Petitioner Ople is a distinguished member of our
by the judgment, or the party entitled to the avails Senate. As a Senator, petitioner is possessed of the
of the suit; If legal standing is granted to challenge requisite standing to bring suit raising the issue
the constitutionality or validity of a law or that the issuance of A.O. No. 308 is a usurpation of
governmental act despite the lack of personal injury legislative power. As taxpayer and member of the
on the challengers part, then more so should Government Service Insurance System (GSIS),
employees be allowed to contest the nullification of petitioner can also impugn the legality of the
their appointment. misalignment of public funds and the misuse of
GSIS funds to implement A.O. No. 308.
CITIZEN
GOVERNMENTAL
Clearly, the right sought to be enforced by
petitioners herein is a public right recognized by no -
less than the fundamental law of the land. If
petitioners were not allowed to institute this JUS TERTII
proceeding, it would indeed be difficult to conceive
of any other person to initiate the same, considering Standing jus tertii will be recognized only if it can be
that the Solicitor General, the government officer shown that the party suing has some substantial
generally empowered to represent the people, has relation to the third party, or that the third party
entered his appearance for respondents in this case. cannot assert his constitutional right, or that the
right of the third party will be diluted unless the
ASSOCIATIONAL party in court is allowed to espouse the third partys
constitutional claim.
The modern view is that an association has standing
to complain of injuries to its members. This view EXCEPTION:
fuses the legal identity of an association with that of
its members. An association has standing to file suit The rule on standing is a matter of procedural
for its workers despite its lack of direct interest if its technicality, which may be relaxed when the subject
members are affected by the action. An organization in issue or the legal question to be resolved is of
has standing to assert the concerns of its transcendental importance to the public. Hence,
constituents. even absent any direct injury to the suitor, the Court
can relax the application of legal standing or
TAXPAYERS altogether set it aside for non-traditional plaintiffs,
like ordinary citizens, when the public interest so
Moreover, this Court has held that taxpayers are requires.
allowed to sue when there is a claim of illegal
disbursement of public funds, or if public money is Lis Mota
being deflected to any improper purpose; or when
petitioners seek to restrain respondent from The Court will not pass upon a question of
wasting public funds through the enforcement of unconstitutionality, although properly presented, if
an invalid or unconstitutional law. the case can be disposed of on some other ground,
such as the application of the statute or the general
VOTERS law. The petitioner must be able to show that the
case cannot be legally resolved unless the
This Court has the discretion to take cognizance of constitutional question raised is determined. This
a suit which does not satisfy the requirement of legal requirement is based on the rule that every law has
standing when paramount interest is involved. In in its favor the presumption of constitutionality; to
not a few cases, the court has adopted a liberal justify its nullification, there must be a clear and
attitude on the locus standi of a petitioner where the unequivocal breach of the Constitution, and not one
petitioner is able to craft an issue of transcendental that is doubtful, speculative, or argumentative.
significance to the people. Thus, when the issues
raised are of paramount importance to the public,

4
EFFECT OF UNCONSTITUTIONALITY that UNCLOS III delimits. UNCLOS III was the
culmination of decades-long negotiations among
The general rule is that an unconstitutional law is United Nations members to codify norms regulating
void. It produces no rights, imposes no duties and the conduct of States in the worlds oceans and
affords no protection. It has no legal effect. It is, in submarine areas, recognizing coastal and
legal contemplation, inoperative as if it has not been archipelagic States graduated authority over a
passed. limited span of waters and submarine lands along
their coasts.
EXCEPTION: Operative Fact Doctrine
Archipelagic Baselines of the Philippines
Applies as a matter of equity and fair play. It (Republic Act No. 9522); Baselines laws such as
nullifies the effects of an unconstitutional law by RA 9522 are enacted by United Nations Convention
recognizing that the existence of a statute prior to a on the Law of the Sea (UNCLOS III) States parties to
determination of unconstitutionality is an operative mark-out specific basepoints along their coasts from
fact and may have consequences which cannot which baselines are drawn, either straight or
always be ignored. The past cannot always be contoured, to serve as geographic starting points to
erased by a new judicial declaration. The doctrine is measure the breadth of the maritime zones and
applicable when a declaration of unconstitutionality continental shelf. Article 48 of UNCLOS III on
will impose an undue burden on those who have archipelagic States like ours could not be any
relied on the invalid law. Thus, it was applied to a clearer: Article 48. Measurement of the breadth of
criminal case when a declaration of the territorial sea, the contiguous zone, the exclusive
unconstitutionality would put the accused in double economic zone and the continental shelf.The
jeopardy or would put in limbo the acts done by a breadth of the territorial sea, the contiguous zone,
municipality in reliance upon a law creating it. the exclusive economic zone and the continental
shelf shall be measured from archipelagic
ARTICLE I baselines drawn in accordance with article 47.

NATIONAL TERRITORY Same; Baselines laws are nothing but statutory

mechanisms for United Nations Convention on the
The national territory comprises the Philippine Law of the Sea (UNCLOS III) States parties to delimit
archipelago, with all the islands and waters with precision the extent of their maritime zones and
embraced therein, and all other territories over continental shelves. In turn, this gives notice to
which the Philippines has sovereignty or the rest of the international community of the scope
jurisdiction, consisting of its terrestrial, fluvial and of the maritime space and submarine areas within
aerial domains, including its territorial sea, the which States parties exercise treaty-based rights,
seabed, the subsoil, the insular shelves, and other namely, the exercise of sovereignty over territorial
submarine areas. The waters around, between, and waters (Article 2), the jurisdiction to enforce
connecting the islands of the archipelago, regardless customs, fiscal, immigration, and sanitation laws in
of their breadth and dimensions, form part of the the contiguous zone (Article 33), and the right to
internal waters of the Philippines . exploit the living and non-living resources in the
exclusive economic zone (Article 56) and continental
Article III of the Peace Protocol signed in shelf (Article 77).
Washington, August 12, 1898, provided:
The Memorandum of Agreement on Ancestral
The United States will occupy and hold the city, bay Domain (MOA-AD) is of public concern, involving as
and harbor or Manila, pending the conclusion of a it does the sovereignty and territorial integrity of the
Treaty of Paris, which shall determine the control, State, which directly affects the lives of the public at
disposition, and government of the Philippines. large.

United Nations Convention on the Law of the The Regalian Doctrine: An Overview
Sea (UNCLOS III); UNCLOS III has nothing to do with
the acquisition or loss of territory. It is a Under the Regalian Doctrine, all lands not
multilateral treaty regulating, among others, sea- otherwise appearing to be clearly within private
use rights over maritime zones (i.e., the territorial ownership are presumed to belong to the State.
waters [12 nautical miles from the baselines],
contiguous zone [24 nautical miles from the The possession of public land, however long the
baselines], exclusive economic zone [200 nautical period may have extended, never confers title
miles from the baselines]), and continental shelves thereto upon the possessor because the statute of

5
limitations with regard to public land does not (4) Those who are naturalized in accordance with
operate against the State, unless the occupant can law.
prove possession and occupation of the same under
claim of ownership for the required number of years SEC. 2. A female citizen of the Philippines who
to constitute a grant from the State marries an alien shall retain her Philippine
citizenship, unless by her act or omission she is
No public land can be acquired by private persons deemed, under the law, to have renounced her
without any grant, express or implied from the citizenship.
government; it is indispensable that there be a
showing of a title from the state SEC. 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
The right of reversion or reconveyance to the State
of the public properties registered and which are not SEC. 4. A natural-born citizen is one who is a citizen
capable of private appropriation or private of the Philippines from birth without having to
acquisition does not prescribe. perform any act to acquire or perfect his Philippine
citizenship.
ARTICLE IV.CITIZENSHIP 1935
ARTICLE IV 1987
SECTION 1. The following are citizens of the
Philippines: CITIZENSHIP

(1) Those who are citizens of the Philippine Islands Section 1. The following are citizens of the
at the time of the adoption of this Constitution. Philippines:

(2) Those born in the Philippine Islands of foreign [1] Those who are citizens of the Philippines at the
parents who, before the adoption of this time of the adoption of this Constitution;
Constitution, had been elected to public office in the
Philippine Islands. [2] Those whose fathers or mothers are citizens of
the Philippines;
(3) Those whose fathers are citizens of the
Philippines. [3] Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
(4) Those whose mothers are citizens of the reaching the age of majority; and
Philippines and, upon reaching the age of majority,
elect Philippine citizenship. [4] Those who are naturalized in accordance with
law.
(5) 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
SEC. 2. Philippine citizenship may be lost or re- to perform any act to acquire or perfect their
acquired in the manner provided by law. Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3),
ARTICLE III CITIZENSHIP 1973 Section 1 hereof shall be deemed natural-born
citizens.
SECTION 1. The following are citizens of the
Philippines: Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
(1) Those who are citizens of the Philippines at the
time of the adoption of this Constitution. Section 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their
(2) Those whose fathers or mothers are citizens of act or omission, they are deemed, under the law, to
the Philippines. have renounced it.

(3) Those who elect Philippine citizenship pursuant Section 5. Dual allegiance of citizens is inimical to
to the provisions of the Constitution of nineteen the national interest and shall be dealt with by law.
hundred and thirty-five.

6
Republic Act 8171 have lost their Philippine citizenship under the
conditions of this Act.
AN ACT PROVIDING FOR THE REPATRIATION OF
FILIPINO WOMEN WHO HAVE LOST THEIR Section 3. Retention of Philippine
PHILIPPINE CITIZENSHIP BY MARRIAGE TO Citizenship - Any provision of law to the contrary
ALIENS AND OF NATURAL-BORN FILIPINOS. notwithstanding, natural-born citizenship by
reason of their naturalization as citizens of a foreign
Section 1. Filipino women who have lost their country are hereby deemed to have re-acquired
Philippine citizenship by marriage to aliens and Philippine citizenship upon taking the following
natural-born Filipinos who have lost their Philippine oath of allegiance to the Republic:
citizenship, including their minor children, on
account of political or economic necessity, may "I _____________________, solemny swear (or affrim)
reacquire Philippine citizenship through that I will support and defend the Constitution of
repatriation in the manner provided in Section 4 of the Republic of the Philippines and obey the laws
Commonwealth Act No. 63, as amended: Provided, and legal orders promulgated by the duly
That the applicant is not a: constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the
(1) Person opposed to organized government or supreme authority of the Philippines and will
affiliated with any association or group of persons maintain true faith and allegiance thereto; and that
who uphold and teach doctrines opposing organized I imposed this obligation upon myself voluntarily
government; without mental reservation or purpose of evasion."

(2) Person defending or teaching the necessity or Natural born citizens of the Philippines who, after
propriety of violence, personal assault, or the effectivity of this Act, become citizens of a foreign
association for the predominance of their ideas; country shall retain their Philippine citizenship
upon taking the aforesaid oath.
(3) Person convicted of crimes involving moral
turpitude; or Section 4. Derivative Citizenship - The
unmarried child, whether legitimate, illegitimate or
(4) Person suffering from mental alienation or adopted, below eighteen (18) years of age, of those
incurable contagious diseases. who re-acquire Philippine citizenship upon
effectivity of this Act shall be deemed citizenship of
Sec. 2. Repatriation shall be effected by taking the the Philippines.
necessary oath of allegiance to the Republic of the
Philippines and registration in the proper civil Section 5. Civil and Political Rights and
registry and in the Bureau or Immigration. The Liabilities - Those who retain or re-acquire
Bureau of Immigration shall thereupon cancel the Philippine citizenship under this Act shall enjoy full
pertinent alien certificate of registration and issue civil and political rights and be subject to all
the certificate of identification as Filipino citizen to attendant liabilities and responsibilities under
the repatriated citizen. existing laws of the Philippines and the following
conditions:
Republic Act No. 9225 August 29, 2003
(1) Those intending to exercise their right of
AN ACT MAKING THE CITIZENSHIP OF surffrage must Meet the requirements under
PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN Section 1, Article V of the Constitution, Republic Act
CITIZENSHIP PERMANENT. No. 9189, otherwise known as "The Overseas
AMENDING FOR THE PURPOSE Absentee Voting Act of 2003" and other existing
COMMONWEALTH ACT. NO. 63, AS AMENDED laws;
AND FOR OTHER PURPOSES
(2) Those seeking elective public in the Philippines
Section 1. Short Title this act shall be known as shall meet the qualification for holding such public
the "Citizenship Retention and Re-acquisition office as required by the Constitution and existing
Act of 2003." laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn
Section 2. Declaration of Policy - It is hereby renunciation of any and all foreign citizenship
declared the policy of the State that all Philippine before any public officer authorized to administer an
citizens of another country shall be deemed not to oath;

7
(3) Those appointed to any public office shall restrictive language which would definitely exclude
subscribe and swear to an oath of allegiance to the foundlings either. Because of silence and ambiguity
Republic of the Philippines and its duly constituted in the enumeration with respect to foundlings, there
authorities prior to their assumption of is a need to examine the intent of the framers.
office: Provided, That they renounce their oath of
allegiance to the country where they took that oath; During the debates on this provision, Delegate
Rafols presented an amendment to include as
(4) Those intending to practice their profession in Filipino citizens the illegitimate children with a
the Philippines shall apply with the proper authority foreign father of a mother who was a citizen of the
for a license or permit to engage in such practice; Philippines, and also foundlings; but this
and amendment was defeated primarily because the
Convention believed that the cases, being too few to
(5) That right to vote or be elected or appointed to warrant the inclusion of a provision in the
any public office in the Philippines cannot be Constitution to apply to them, should be governed
exercised by, or extended to, those who: by statutory legislation. Moreover, it was believed
that the rules of international law were already clear
(a) are candidates for or are occupying any public to the effect that illegitimate children followed the
office in the country of which they are naturalized citizenship of the mother, and that foundlings
citizens; and/or followed the nationality of the place where they were
found, thereby making unnecessary the
(b) are in active service as commissioned or non- inclusion in the Constitution of the proposed
commissioned officers in the armed forces of the amendment.
country which they are naturalized citizens.
DUAL CITIZENSHIP
ELEMENTS OF CITIZENSHIP.While birth is an
important element of citizenship, it alone does not Arises as a result of the concurrent application of
make a person a citizen of the country of his birth. the different laws of two or more states, a person is
Youth spent in the country; intimate and endearing simultaneously considered a national by the said
association with the citizens among whom he lives; states.For instance, such a situation may arise
knowledge and pride of the country's past; belief in when a person whose parents are citizens of a state
the greatness and security of its institutions, in the which adheres to the principle of jus sanguinis is
loftiness of its ideals, and in the ability of the born in a state which follows the doctrine of jus
country's government to protect him, his children soli. Such a person, ipso facto and without any
and his earthly possessions against perils from voluntary act on his part, is concurrently considered
within and from without; and his readiness to a citizen of both states.
defend the country against such perils, are some of
the important elements that would make a person Considering the citizenship clause (Art. IV) of our
living in a country its citizen. Citizenship is a Constitution, it is possible for the following classes
political status. The citizen must be proud of his of citizens of the Philippines to possess dual
citizenship. He should treasure and cherish it. / In citizenship: (1) Those born of Filipino fathers and/or
the language of Chief Justice Fuller, "the question mothers in foreign countries which follow the
of citizenship in a nation is of the most vital principle of jus soli; (2) Those born in the Philippines
importance. It is a precious heritage, as well as an of Filipino mothers and alien fathers if by the laws
inestimable acquisition." (U. S. vs. Wong Kim Ark, of their fathers country such children are citizens
169 U. S., 640.), Citizenship, the main integrate of that country; (3) Those who marry aliens if by the
element of which is allegiance, must not be taken laws of the latters country the former are
lightly. Dual allegiance must be discouraged and considered citizens, unless by their act or omission
prevented. But the application of the principle of jus they are deemed to have renounced Philippine
soli to persons born in this country of alien citizenship.
parentage would encourage dual allegiance which in
the long run would be detrimental to both countries DUAL ALLEGIANCE
of which such persons might claim to be citizens.\
Refers to the situation in which a person
STATELESS PERSONS AND FOUNDLINGS simultaneously owes, by some positive act, loyalty
to two or more states. While dual citizenship is
involuntary, dual allegiance is the result of an
As a matter of law, foundlings are as a class,
individuals volition.
natural-born citizens. While the 1935 Constitutions
enumeration is silent as to foundlings, there is no
8
The Philippine law on citizenship adheres to the b. If born in a foreign country, he must have been
principle of jus sanguinis. Thereunder, a child legally admitted into the Philippines either as an
follows the nationality or citizenship of the parents immigrant or a non-immigrant;
regardless of the place of his/her birth, as opposed
to the doctrine of jus soli which determines c. He must have had a continuous residence in the
nationality or citizenship on the basis of place of Philippines of ten years, which period shall be
birth. reduced to five years for applicants with any of the
following special qualifications:
JUDICIAL DECLARATION OF THE CITIZENSHIP
1) Having honorably held office under the
The Supreme Court has consistently ruled that there Government of the Philippines or under that of any
is no proceeding established by law, or the Rules for of the provinces, cities, municipalities or political
the judicial declaration of the citizenship of an subdivision thereof;
individual. There is no specific legislation
authorizing the institution of a judicial proceeding 2) Having established a new industry or introduced
to declare that a given person is part of our citizenry. a useful invention in the Philippines;
This was our ruling in Yung Uan Chu v. Republic,
159 SCRA 593 (1988), citing the early case of Tan v. 3) Being married to a Filipino;
Republic of the Philippines, 107 Phil. 632 (1960),
where we clearly stated: Under our laws, there can 4) Having been engaged as a teacher in the
be no action or proceeding for the judicial Philippines in a public or recognized private school
declaration of the citizenship of an individual. not established for the exclusive instruction of
Courts of justice exist for settlement of justiciable children of persons of a particular nationality or
controversies, which imply a given right, legally race, in any of the branches of education or industry
demandable and enforceable, an act or omission for a period of not less than two years;
violative of said right, and a remedy, granted or
sanctioned by law, for said breach of right. As an 5) Having been born in the Philippines.
incident only of the adjudication of the rights of the
parties to a controversy, the court may pass upon, d. He must be of good moral character and believes
and make a pronouncement relative to their status. in the principles underlying the Philippine
Otherwise, such a pronouncement is beyond Constitution, and must have conducted himself in a
judicial power. proper and irreproachable manner during the entire
period of his residence in the Philippines in his
LOI 270 (NATURALIZATION BY PRESIDENTIAL relation with the constituted government as well as
DECREE) with the community in which he is living;

In order that aliens permanently residing in this e. He must have a known trade, business,
country who, having developed and demonstrated profession, or lawful occupation, from which he
love for and loyalty to the Philippines and affinity to derives income sufficient for his support and, if he
the customs, traditions and ideals of the Filipino is married or has dependents, also that of his family;
people, as well as contributed to the economic,
social and cultural development of our country, may f. He must be able to speak and write Filipino; or
be integrated into the national fabric by the grant of English or Spanish, and any of the principal
Philippine citizenship, you are hereby directed as Philippine languages;
follows:
g. He must have enrolled his minor children of
1. That you shall constitute yourself as a school age in any of the public or private schools
Committee, with the Solicitor General as Chairman, recognized by the Department of Education and
to receive, and consider and submit Culture, where Philippine history, government and
recommendations on, applications for civics are taught or prescribed as part of the school
naturalization by decree from aliens with the curriculum, during the period of residence in the
following qualifications and none of the following Philippines required of him prior to the filing of his
disqualifications: petition hereunder; and

Qualifications: h. He must have, during the period of his residence

in the Philippines, mingled socially with the
a. He must not be less than 21 years of age on the Filipinos and evinced a sincere desire to learn and
date of the filing of his petition;

9
embrace the customs, traditions and ideals of the Third. He must be of good moral character and
Filipino people. believes in the principles underlying the Philippine
Constitution, and must have conducted himself in a
Disqualifications: proper and irreproachable manner during the entire
period of his residence in the Philippines in his
a. He must not be opposed to organized government relation with the constituted government as well as
or affiliated with any association or group of persons with the community in which he is living.
who uphold and teach doctrines opposing all
organized governments; Fourth. He must own real estate in the Philippines
worth not less than five thousand pesos, Philippine
b. He must not defend or teach the necessity or currency, or must have some known lucrative trade,
propriety of violence, personal assault, or profession, or lawful occupation;
assassination for the success and predominance of
his ideas; Fifth. He must be able to speak and write English or
Spanish and any one of the principal Philippine
c. He must not be a polygamist or a believer in the languages; and
practice of polygamy;
Sixth. He must have enrolled his minor children of
d. He must not have been convicted of any crime school age, in any of the public schools or private
involving moral turpitude; schools recognized by the Office of Private
Education1 of the Philippines, where the Philippine
e. He is not suffering from mental alienation or any history, government and civics are taught or
incurable contagious disease. prescribed as part of the school curriculum, during
the entire period of the residence in the Philippines
Cases of aliens born of Filipino mothers: If, required of him prior to the hearing of his petition
however, the applicant was born of a Filipino mother for naturalization as Philippine citizen.
before the effectivity of the new Constitution and
has resided continuously in the Philippines since Section 3. Special qualifications. The ten years of
birth, he shall be considered qualified hereunder continuous residence required under the second
without need of any further qualification, provided condition of the last preceding section shall be
he does not suffer from the disqualifications above understood as reduced to five years for any
enumerated. petitioner having any of the following qualifications:

COMMONWEALTH ACT No. 473 (JUDICIAL 1. Having honorably held office under the
NATURALIZATION) Government of the Philippines or under that
of any of the provinces, cities,
AN ACT TO PROVIDE FOR THE ACQUISITION OF municipalities, or political subdivisions
PHILIPPINE CITIZENSHIP BY NATURALIZATION, thereof;
AND TO REPEAL ACTS NUMBERED TWENTY-
NINE HUNDRED AND TWENTY-SEVEN AND 2. Having established a new industry or
THIRTY-FOUR HUNDRED AND FORTY-EIGHT. introduced a useful invention in the
Philippines;
Section 1. Title of Act. This Act shall be known
and may be cited as the "Revised Naturalization 3. Being married to a Filipino woman;
Law."
4. Having been engaged as a teacher in the
Section 2. Qualifications. Subject to section four Philippines in a public or recognized private
of this Act, any person having the following school not established for the exclusive
qualifications may become a citizen of the instruction of children of persons of a
Philippines by naturalization: particular nationality or race, in any of the
branches of education or industry for a
First. He must be not less than twenty-one years of period of not less than two years;
age on the day of the hearing of the petition;
5. Having been born in the Philippines.
Second. He must have resided in the Philippines for
a continuous period of not less than ten years; Section 4. Who are disqualified. - The following
cannot be naturalized as Philippine citizens:

10
 a. Persons opposed to organized government or residence in the Philippines required of him prior to
affiliated with any association or group of the hearing of his petition for naturalization as
persons who uphold and teach doctrines Philippine citizen. Each declarant must furnish two
opposing all organized governments; photographs of himself.

b. Persons defending or teaching the necessity Section 6. Persons exempt from requirement to
or propriety of violence, personal assault, or make a declaration of intention. Persons born in
assassination for the success and the Philippines and have received their primary and
predominance of their ideas; secondary education in public schools or those
recognized by the Government and not limited to
c. Polygamists or believers in the practice of any race or nationality, and those who have resided
polygamy; continuously in the Philippines for a period of thirty
years or more before filing their application, may be
d. Persons convicted of crimes involving moral naturalized without having to make a declaration of
turpitude; intention upon complying with the
other requirements of this Act. To such
e. Persons suffering from mental alienation or requirements shall be added that which establishes
incurable contagious diseases; that the applicant has given primary and secondary
education to all his children in the public schools or
f. Persons who, during the period of their in private schools recognized by the Government
residence in the Philippines, have not and not limited to any race or nationality. The same
mingled socially with the Filipinos, or who shall be understood applicable with respect to the
have not evinced a sincere desire to learn widow and minor children of an alien who has
and embrace the customs, traditions, and declared his intention to become a citizen of the
ideals of the Filipinos; Philippines, and dies before he is actually
naturalized.6
g. Citizens or subjects of nations with whom
the United States 2and the Philippines are at Section 7. Petition for citizenship. Any person
war, during the period of such war; desiring to acquire Philippine citizenship shall file
with the competent court, a petition in triplicate,
h. Citizens or subjects of a foreign country accompanied by two photographs of the petitioner,
other than the United States 3whose laws do setting forth his name and surname; his present
not grant Filipinos the right to become and former places of residence; his occupation; the
naturalized citizens or subjects thereof. place and date of his birth; whether single or
married and the father of children, the name, age,
Section 5. Declaration of intention. One year prior birthplace and residence of the wife and of each of
to the filing of his petition for admission to the children; the approximate date of his or her
Philippine citizenship, the applicant for Philippine arrival in the Philippines, the name of the port of
citizenship shall file with the Bureau of Justice 4 a debarkation, and, if he remembers it, the name of
declaration under oath that it is bona fide his the ship on which he came; a declaration that he
intention to become a citizen of the Philippines. has the qualifications required by this Act,
Such declaration shall set forth name, age, specifying the same, and that he is not disqualified
occupation, personal description, place of birth, last for naturalization under the provisions of this Act;
foreign residence and allegiance, the date of arrival, that he has complied with the requirements of
the name of the vessel or aircraft, if any, in which section five of this Act; and that he will reside
he came to the Philippines, and the place of continuously in the Philippines from the date of the
residence in the Philippines at the time of making filing of the petition up to the time of his admission
the declaration. No declaration shall be valid until to Philippine citizenship. The petition must be
lawful entry for permanent residence has been signed by the applicant in his own handwriting and
established and a certificate showing the date, be supported by the affidavit of at least two credible
place, and manner of his arrival has been issued. persons, stating that they are citizens of the
The declarant must also state that he has enrolled Philippines and personally know the petitioner to be
his minor children, if any, in any of the public a resident of the Philippines for the period of time
schools or private schools recognized by the Office required by this Act and a person of good repute and
of Private Education5 of the Philippines, where morally irreproachable, and that said petitioner has
Philippine history, government, and civics are in their opinion all the qualifications necessary to
taught or prescribed as part of the school become a citizen of the Philippines and is not in any
curriculum, during the entire period of the way disqualified under the provisions of this Act.
The petition shall also set forth the names and post-
11
office addresses of such witnesses as the petitioner aliens born and residing in the Philippines may be
may desire to introduce at the hearing of the case. granted Philippine citizenship by administrative
The certificate of arrival, and the declaration of proceedings subject to certain requirements
intention must be made part of the petition. dictated by national security and interest.

Section 15. Effect of the naturalization on wife and Section 3. Qualifications. - Subject to the
children.Any woman who is now or may hereafter provisions of the succeeding section, any person
be married to a citizen of the Philippines, and who desiring to avail of the benefits of this Act must meet
might herself be lawfully naturalized shall be the following qualifications:
deemed a citizen of the Philippines.
(a) The applicant must be born in the Philippines
Minor children of persons naturalized under this and residing therein since birth;
law who have been born in the Philippines shall be
considered citizens thereof. (b) The applicant must not be less than eighteen (18)
years of age, at the time of filing of his/her petition;
A foreign-born minor child, if dwelling in the
Philippines at the time of the naturalization of the (c) The applicant must be of good moral character
parent, shall automatically become a Philippine and believes in the underlying principles of the
citizen, and a foreign-born minor child, who is not Constitution, and must have conducted
in the Philippines at the time the parent is himself/herself in a proper and irreproachable
naturalized, shall be deemed a Philippine citizen manner during his/her entire period of residence in
only during his minority, unless he begins to reside the Philippines in his relation with the duly
permanently in the Philippines when still a minor, constituted government as well as with the
in which case, he will continue to be a Philippine community in which he/she is living;
citizen even after becoming of age.
(d) The applicant must have received his/her
A child born outside of the Philippines after the primary and secondary education in any public
naturalization of his parent, shall be considered a school or private educational institution dully
Philippine citizen, unless one year after reaching the recognized by the Department of Education, Culture
age of majority, he fails to register himself as a and Sports, where Philippine history, government
Philippine citizen at the fault of their parents either and civics are taught and prescribed as part of the
by neglecting to support them or by transferring school curriculum and where enrollment is not
them to another school or schools. A certified copy limited to any race or nationality: Provided, That
of the decree canceling the naturalization certificate should he/she have minor children of school age,
shall be forwarded by the clerk of the Court to the he/she must have enrolled them in similar schools;
Department of the Interior20 and the Bureau of
Justice.21 (e) The applicant must have a known trade,
business, profession or lawful occupation, from
(e) If it is shown that the naturalized citizen has which he/she derives income sufficient for his/her
allowed himself to be used as a dummy in violation support and if he/she is married and/or has
of the Constitutional or legal provision requiring dependents, also that of his/her family: Provided,
Philippine citizenship as a requisite for the exercise, however, That this shall not apply to applicants who
use or enjoyment of a right, franchise or privilege. are college degree holders but are unable to practice
their profession because they are disqualified to do
REPUBLIC ACT NO. 9139 June 08, 2001 so by reason of their citizenship;

AN ACT PROVIDING FOR THE ACQUISITION OF (f) The applicant must be able to read, write and
PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS speak Filipino or any of the dialects of the
BY ADMINISTRATIVE NATURALIZATION AND Philippines; and
FOR OTHER PURPOSES
(g) The applicant must have mingled with the
Section 1. Short Title. - This Act shall be known as Filipinos and evinced a sincere desire to learn and
"The Administrative Naturalization Law of 2000." embrace the customs, traditions and ideals of the
Filipino people.
Section 2. Declaration of Policy. - The State shall
control and regulate the admission and integration Section 4. Disqualifications, - The following are not
of aliens into its territory and body politic including qualified to be naturalized as Filipino citizens under
the grant of citizenship to aliens. Towards this end, this Act:

12
(a) Those opposed to organized government or Section 12. Status of Alien Husband and Minor
affiliated with any association of group of persons Children. - If the applicant is a married woman, the
who uphold and teach doctrines opposing all approval of her petition for administrative
organized governments; naturalization will not benefit her alien husband but
her minor children may file a petition for
(b) Those defending or teaching the necessity of or cancellation of their alien certificates of registration
propriety of violence, personal assault or with the BI subject to the requirements of existing
assassination for the success or predominance of laws.
their ideas;
COMMONWEALTH ACT No. 63
(c) Polygamists or believers in the practice of
polygamy; AN ACT PROVIDING FOR THE WAYS IN WHICH
PHILIPPINE CITIZENSHIP MAY BE LOST OR
(d) Those convicted of crimes involving moral REACQUIRED
turpitude;
Be it enacted by the National Assembly of the
(e) Those suffering from mental alienation or Philippines:
incurable contagious diseases;
Section 1. How citizenship may be lost. A Filipino
(f) Those who, during the period of their residence in citizen may lose his citizenship in any of the
the Philippines, have not mingled socially with following ways and/or events:
Filipinos, or who have not evinced a sincere desire
to learn and embrace the customs, traditions and (1) By naturalization in a foreign country;
ideals of the Filipinos;
(2) By express renunciation of citizenship;
(g) Citizens or subjects with whom the Philippines is
at war, during the period of such war; and (3) By subscribing to an oath of allegiance to support
the constitution or laws of a foreign country upon
(h) Citizens or subjects of a foreign country whose attaining twenty-one years of age or more: Provided,
laws do not grant Filipinos the right to be however, That a Filipino may not divest himself of
naturalized citizens or subjects thereof. Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
Section 6. Special Committee on Naturalization. - country;
There shall be constituted a Special Committee on
Naturalization herein referred to as the (4) By rendering services to, or accepting
"Committee", with the Solicitor General as commission in, the armed forces of a foreign
chairman, the Secretary of Foreign Affairs, or his country: Provided, That the rendering of service to,
representative, and the National Security Adviser, or the acceptance of such commission in, the armed
as members, with the power to approve, deny or forces of a foreign country, and the taking of an oath
reject applications for naturalization as provided in of allegiance incident thereto, with the consent of
this Act. the Republic of the Philippines, shall not divest a
Filipino of his Philippine citizenship if either of the
Section 11. Status of Alien Wife and Minor following circumstances is present:
Children. - After the approval of the petition for
administrative naturalization in cancellation of (a) The Republic of the Philippines has a defensive
applicant's alien certificate of registration, and/or offensive pact of alliance with the said
applicant's alien lawful wife and minor children may foreign country; or
file a petition for cancellation of their alien
certificates of registration with the Committee (b) The said foreign country maintains armed forces
subject to the payment of the filing fee of Twenty on Philippine territory with the consent of the
thousand pesos (P20,000.00) and naturalization fee Republic of the Philippines: Provided, That the
of Forty thousand pesos (P40,000.00) payable as Filipino citizen concerned, at the time of rendering
follows: Twenty thousand pesos (P20,000.00) upon said service, or acceptance of said commission, and
the approval of the petition and Twenty thousand taking the oath of allegiance incident thereto, states
pesos (P20,000.00) upon the taking of the oath of that he does so only in connection with his service
allegiance to the Republic of the Philippines. to said foreign country: And provided, finally, That
any Filipino citizen who is rendering service to, or is
commissioned in, the armed forces of a foreign

13
country under any of the circumstances mentioned and four of said Act shall not be required: And
in paragraph (a) or (b), shall not be permitted to provided, further,
participate nor vote in any election of the Republic
of the Philippines during the period of his service to, (1) That the applicant be at least twenty-one years
or commission in, the armed forces of said foreign of age and shall have resided in the Philippines at
country. Upon his discharge from the service of the least six months before he applies for
said foreign country, he shall be automatically naturalization;
entitled to the full enjoyment of his civil and political
rights as a Filipino citizen; (2) That he shall have conducted himself in a proper
and irreproachable manner during the entire period
(5) By cancellation of the of the certificates of of his residence in the Philippines, in his relations
naturalization; with the constituted government as well as with the
community in which he is living; and
(6) By having been declared by competent authority,
a deserter of the Philippine armed forces in time of (3) That he subscribes to an oath declaring his
war, unless subsequently, a plenary pardon or intention to renounce absolutely and perpetually all
amnesty has been granted; and faith and allegiance to the foreign authority, state or
sovereignty of which he was a citizen or subject.
(7) In the case of a woman, upon her marriage to a
foreigner if, by virtue of the laws in force in her Section 4. Repatriation shall be effected by merely
husband's country, she acquires his nationality. 1 taking the necessary oath of allegiance to the
Commonwealth6of the Philippines and registration
The provisions of this section notwithstanding, the in the proper civil registry.
acquisition of citizenship by a natural born Filipino
citizen from one of the Iberian and any friendly ARTICLE V
democratic Ibero-American countries or from the
United Kingdom shall not produce loss or SUFFRAGE
forfeiture of his Philippine citizenship if the law of
that country grants the same privilege to its citizens Section 1. Suffrage may be exercised by all citizens
and such had been agreed upon by treaty between of the Philippines not otherwise disqualified by law,
the Philippines and the foreign country from which who are at least eighteen years of age, and who shall
citizenship is acquired.2 have resided in the Philippines for at least one year,
and in the place wherein they propose to vote, for at
Section. 2. How citizenship may be reacquired. least six months immediately preceding the election.
Citizenship may be reacquired: No literacy, property, or other substantive
requirement shall be imposed on the exercise of
(1) By naturalization: Provided, That the applicant suffrage.
possess none of the disqualification's prescribed in
section two of Act Numbered Twenty-nine hundred Section 2. The Congress shall provide a system for
and twenty-seven,3 securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified
(2) By repatriation of deserters of the Army, Navy or Filipinos abroad.
Air Corp: Provided, That a woman who lost her
citizenship by reason of her marriage to an alien The Congress shall also design a procedure for the
may be repatriated in accordance with the disabled and the illiterates to vote without the
provisions of this Act after the termination of the assistance of other persons. Until then, they shall
marital status;4 and be allowed to vote under existing laws and such
rules as the Commission on Elections may
(3) By direct act of the National Assembly. promulgate to protect the secrecy of the ballot.

Section 3. Procedure incident to reacquisition of Republic Act No. 9189

Philippine citizenship. The procedure prescribed
for naturalization under Act Numbered Twenty-nine Approved: 13 February 2003
hundred and twenty-seven,5 as amended, shall
apply to the reacquisition of Philippine citizenship AN ACT PROVIDING FOR A SYSTEM OF
by naturalization provided for in the next preceding OVERSEAS ABSENTEE VOTING BY QUALIFIED
section: Provided, That the qualifications and CITIZENS OF THE PHILIPPINES ABROAD,
special qualifications prescribed in section three

14
APPROPRIATING FUNDS THEREFOR, AND FOR resident from the National Registry of
OTHER PURPOSES Absentee Voters and his/her permanent
disqualification to vote in absentia.
Section 1. Short Title. - This Act shall be known
as "The Overseas Absentee Voting Act of 2003." e. Any citizen of the Philippines abroad
previously declared insane or incompetent
Sec. 2. Declaration of Policy. - It is the prime duty by competent authority in the Philippines or
of the State to provide a system of honest and abroad, as verified by the Philippine
orderly overseas absentee voting that upholds the embassies, consulates or foreign service
secrecy and sanctity of the ballot. Towards this end, establishments concerned, unless such
the State ensures equal opportunity to all qualified competent authority subsequently certifies
citizens of the Philippines abroad in the exercise of that such person is no longer insane or
this fundamental right. incompetent.

Sec. 5. Disqualifications. - The following shall be Sec. 6. Personal Overseas Absentee

disqualified from voting under this Act: Registration. - Registration as an overseas
absentee voter shall be done in person.
a. Those who have lost their Filipino citizenship
in accordance with Philippine laws; PARENS PATRIAE

b. Those who have expressly renounced their "In this country, the legislature or government of the
Philippine citizenship and who have pledged State, as parens patri, has the right to enforce all
allegiance to a foreign country; charities of a public nature, by virtue of its general
superintending authority over the public interests,
c. Those who have committed and are where no other person is entrusted with it."
convicted in a final judgment by a court or
tribunal of an offense punishable by It is a legal truism in political and international law
imprisonment of not less than one (1) year, that all acts and proceedings of the legislative,
including those who have committed and executive, and judicial departments of a de
been found guilty of Disloyalty as defined facto government are good and valid.
under Article 137 of the Revised Penal Code,
such disability not having been removed by INCORPORATION CLAUSE
plenary pardon or amnesty; Provided, This constitutional provision enunciates the
however, That any person disqualified to doctrine of incorporation which mandates that the
vote under this subsection shall Philippines is bound by generally accepted
automatically acquire the right to vote upon principles of international law which automatically
expiration of five (5) years after service of form part of Philippine law by operation of the
sentence; Provided, further, That the Constitution.35
Commission may take cognizance of final
judgments issued by foreign courts or SOCIAL JUSTICE.Social justice is "neither
tribunals only on the basis of reciprocity and communism, nor despotism, nor atomism, nor
subject to the formalities and processes anarchy," but the humanization of laws and the
prescribed by the Rules of Court on equalization of social and economic forces by the
execution of judgments; State so that justice in its rational and objectively
secular conception may at least be approximated.
d. An immigrant or a permanent resident who Social justice means the promotion of the welfare of
is recognized as such in the host country, all the people, the adoption by the Government of
unless he/she executes, upon registration, measures calculated to insure economic stability of
an affidavit prepared for the purpose by the all the competent elements of society, through the
Commission declaring that he/she shall maintenance of a proper economic and social equi-
resume actual physical permanent librium in the interrelations of the members of the
residence in the Philippines not later than community, constitutionally, through the adoption
three (3) years from approval of his/her of measures legally justifiable, or extra-
registration under this Act. Such affidavit constitutionally, through the exercise of powers
shall also state that he/she has not applied underlying the existence of all governments on the
for citizenship in another country. Failure to time-honored principle of salus populi est supremo,
return shall be the cause for the removal of lex. Social justice, therefore, must be founded on the
the name of the immigrant or permanent recognition of the necessity of interdependence
among divers and diverse units of a society and of
15
the protection that should be equally and evenly
extended to all groups as a combined force in our
social and economic life, consistent with the
fundamental and paramount objective of the state
of promoting the health, comfort, and quiet of all
persons, and of bringing about "the greatest good to
the greatest number."

16