PGC

MR. PAUL FULGENCIO

DDM 1-1

POLITICAL SCIENCE STATE

- under social sciences - A community of people permanently

- a systematic study of state and government occupying a territory, has a government, and
- the analysis of political activity and behaviour enjoys sovereignty.
- Greek word ‘polis’ – city-state
- Latin word ‘scire’ - science/ to know ELEMENTS OF STATE

IMPORTANCE OF POLITICAL SCIENCE 1. People - the people should be capable of

reproduction for the state to grow
1. To learn the basic knowledge of the 2. Territory
governmental operations 3. Government - there must be a leader who
2. Essential to good citizenship govern
3. To be able to deal with social and economic 4. Sovereignty - there must be a power to
problems and other matters of private and govern and freedom from external control
public concerns (walang pakialam ang ibang bansa sa
4. Its findings can be used in seeking resolutions gobyerno ng isang bansa)
to immediate situations
ORIGIN OF STATE
POLITICS
A. DIVINE RIGHT THEORY
- was born in Greece - Based on divine creation, the ruler is ordained
- *Politics = To know the city* by God to rule.
- allocation of values or benefits that people - Tatanggapin mo kung sino ang pinuno dahil
gain siya ang gusto ni Lord.
- Politics itself is clean, however the people in
charge and their actions are stained with B. NECESSITY OR FORCE THEORY
corruption. Corruption is the correct term, not - The state originated due to force exerted by
Dirty politics. Corruption takes place when the strong to the weak.
politics is used in wrong concepts. - A group of people use force to take an area, it
- Politics exists everywhere. It may be at home, may be because of the natural resources it
school, or church, as long as the four has.
characteristics are present. - E.g. Agawan ng teritoryo (Spratly Islands)
- Politics is the solution to different problems in
society C. SOCIAL CONTRACT THEORY
- No dirty politics - Society or state came into being by a contract
made by individuals.
CHARACTERISTICS OF POLITICS - Nabuo ang bansa dahil nagsama-sama ang
mga tao
1. Rule
2. Power D. PATERNALISTIC THEORY
3. Authority - State comes from the expansion of family,
4. Influence under the authority of the father.
- Family -> Clan -> Tribe -> Nation -> State
POLITICAL SCIENTIST
POWERS OF THE STATE
- A person who studies politics
A. EMINENT DOMAIN
POLITICAL PRACTITIONER - Power of government to take private property
to convert into public use. The government
- Most commonly known as POLITICIAN must provide compensation to property owner.
- A person who practise and apply political - The property owner can decline the said
science compensation for them to keep their property.

B. TAXATION
- The power of the sovereign to impose burdens
Tagalog - bansa; English - country; 2 concepts:
or charges upon persons and properties for
the use and support of the government for it to
STATE NATION
function.
Political concept. Government, etc. Ethnic Concept. Customs, culture-
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- People - distinguished by nobility, wealth,
education, corporate, religious, political, or
C. POLICE POWER military.
- The capacity of state to regulate behaviour
and enforce order for the betterment of all’s
wellfare.
- Liberty is not absolute, thus police power’s
enforced

GOVERNMENT

- Agency through which the will of the state is

formulated, expressed or carried out,

DE JURE AND DE FACTO 4. DEMOCRACY

- Political power is exercised by majority of the
A. DE JURE people
- Something that exists legally - like law ● Direct Democracy - People’s participation in
- Conforming to the law referendum, prebsicite, initiative, and recall;
- Recognized by the law People vote on the Law and create policy
B. DE FACTO ● Representative Democracy/ Republic/ Indirect
- In fact or in reality democracy - people choose leaders to create
- In reality; actually policy
- Recognized by the people
- Describes practices that exist in reality, even ANARCHY
though they are not officially recognized by
laws. - No recognition of authority (Law and Gov)
- Disobedience to authority (walang paki-alam
FORMS OF GOVERNMENT sa batas)

1. AUTOCRACY THEOCRACY
- Open person has all power
- Political system based upon the undivided - Religious rule — eg. Islamic Law
sovereignty or rule of a single person. The
term applies to state in which supreme AS TO RELATIONSHIP BETWEEN THE
authority is vested in the monarch. EXECUTIVE AND THE LEGISLATIVE BRANCHES
● Monarchy OF THE GOVERNMENT
○ Absolute - king/queen has all the
power (Middle age Europe) A. PARLIAMENTARY GOVERNMENT
○ Constitutional Monarchy (limited - Prime minister — minister of “” — ministry of “”
monarchy) - king/queen has no real - Indefinite term of office — term could be
power, only ceremonial/symbolic prolonged
function (England, Thailand, UAE, - Blending of power
Brunei) - (Singapore, India, Germany, Nepal, etc.)
● Dictatorship
- One leader has absolute control over B. PRESIDENTIAL GOVERNMENT
citizen’s lives - President — secretary — department
2. ARISTOCRACY - Definite term of office - after 6 years, vote ulit
- Political power exercised by few privileged - Separation of power
class - (Philippines, Indo, Iran, Brazil, USA etc.)
- Term used by Aristotle and Plato - described it
as a system where only the best of the C. MIXED: PRESIDENTIAL - PARLIAMENTARY
citizens, chosen through a careful process of - (France, Russia, China, etc.)
selection, would become rulers. - President - head of state (ceremonial function)
- Greek word “Aristokratia” - “rule of the best” - Prime Minister - Head of the Government
3. OBLIGATORY - rule of the few/ ordinary (runs the government)
people
- Power rests with a small number of people.
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EXTENT OF POWERS EXERCISED BY THE 3. As to the manner of amending them:

CENTRAL OR NATIONAL GOVERNMENT
★ Rigid or inelastic - one regarded as a
A. UNITARY GOVERNMENT document of special sanctity which cannot be
- The control of the national and local affairs is amended or altered except by some special
controlled by the national or central gov. (eg. machinery more combrous that the ordinary
Philippines) legislative process.
★ Flexible or elastic - one which possesses no
B. FEDERAL GOVERNMENT higher legal authority than ordinary laws and
- The powers of the government is divided into which may be altered in the same way as
two sets of organs - National and the Local other laws.
- (eg. United States of America)
EXAMPLES OF UNWRITTEN LAWS IN THE
PHILIPPINES
1. You never, ever, jump a queue.
2. Pass other people’s fare
3. Always let other people out before you enter
4. Stop pushing people
5. Give your seat to the old, the disabled, and the
pregnant passengers
6. Tie your long hair
7. Stop goofing around

CONSTITUTION PHILIPPINE CONSTITUTION (1987) - PREAMBLE

- means to that body of principles and rules We, the sovereign Filipino people, imploring the aid of
giving the powers of self-rule Almighty God, in order to build a just and humane
- The highest law of the land society and establish a Government that shall embody
- Fundamental law of the land our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
NATURE AND PURPOSE OR FUNCTION OF ourselves and our posterity the blessings of
CONSTITUTION independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality,
1. Establishes government and prescribes a and peace, do ordain and promulgate this Constitution.
framework of a system of government.
2. Assigns governmental powers and duties or ARTICLE I - NATIONAL TERRITORY
operations of the government. sea
7 641 islands
,

3. Pomotes the common good of the people. The national territory comprises the Philippine
·
marine vessels
4. Banlances the powers of government with the archipelago, with all the islands and waters embraced airlines

civil liberties of its citizen. therein, and all other territories over which the a
PHembassy
pananagutan
Philippines has sovereignty or jurisdiction, consisting
·

KINDS OF CONSTITUTION of its terrestrial, fluvial, and aerial domains, including

land water air
its territorial sea, the seabed, the subsoil, the insular
1. As to the origin and history: shelves, and other submarine areas. The waters
PH consti around, between, and connecting the islands of the
★ Conventional - enacted by the constituent archipelago, regardless of their breadth and
is
assembly or given by the monarch to his dimensions, form part of the internal waters of the
subjects Philippines. aerial-what is by naked eyes
seen is
part Ph's territory except
of those res nullius

★ Cumulative or evolved - an outcome of a

long period of development originating in TERRITORIAL SEA, SEABED, AND SUBSOIL
traditions, customs, and judicial decisions, etc;
no formal enactment ➢ Territorial Sea - Part of the sea extending 12
nautical miles (19 km) from the low water mark
2. As to their form: ➢ Seabed - The land that holds the sea.
➢ Subsoil - Refers to everything beneath the
★ Written - codified in a single document surface soil and the seabed.
★ Unwritten - entirely the product of political
evolution, consisting largely of a mass
customs and judicial decision; it is not codified
in a single document
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INTERNAL WATER MARITIME ZONES

- Include rivers, lakes, canals, ports, harbours,

and waters around, between, and connecting
the islands of the archipelago.
- No rights of involuntary entrance or innocent
passage.

ARCHIPELAGO DOCTRINE

- Asserts the integration of a group of islands to

the sea and their oneness so that together
they constitute one unit, one country, and one
state.
- Adopts the baseline method, where imaginary
straight lines are drawn joining the outermost
points of the outermost islands of the
archipelago.
- The principle or doctrine was made by Arturo
Tolentino was recognized by UNCLOS
TERRITORIAL DISPUTE (SPRATLYS ISLANDS)
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TERRITORIAL DISPUTE (SCARBOROUGH RES NULLIUS (PROPERTY OF NO ONE)

SHOAL)

BENHAM RISE

REPUBLIC OF THE PHILIPPINES v. PEOPLE’S

REPUBLIC OF CHINA, A CASE FILED IN 2023 BY
MANILA
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Section 12 - The State recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic autonomous social institution.
ARTICLE II - DECLARATION OF PRINCIPLES - It shall equally protect the life of the mother and the
AND STATE POLICIES life of the unborn from conception.
- The natural and primary right and duty of parents in
Principles - objective/goal the rearing of the youth for civic efficiency and the
development of moral character shall receive the
Policy - rule/law support of the Government.

Section 1 - The Philippines is a democratic and Section 13 - The State recognizes the vital role of
republican state. the youth in nation-building and shall promote and
- Sovereignty resides in the people and all the protect their physical, moral, spiritual, intellectual,
government authority emanates from them. and social well-being.
- It shall inculcate in the youth patriotism and
Section 2 - The Philippines renounces war as an nationalism, and encourage their involvement in
instrument of national policy, adopts the generally public and civic affairs.
accepted principles of international law as part of
the law of the land and adheres to the policy of Section 15 - The State shall protect and promote
peace, equality, justice, freedom, cooperation, and the right to health of the people and instill health
amity with all nations. consciousness among them.
- Defensive war
Section 16 - The State shall protect and advance
Section 3 - Civilian authority is, at all times, the right of the people to a balanced and healthful
supreme over the military. ecology in accord with the rhythm and harmony of
- The Armed Forces of the Philippines is the protector nature.
of the people and the State.
- Its goal is to secure the sovereignty of the State and Section 17 - The State shall give priority to
the integrity of the national territory. education, science and technology. arts. culture,
and sports to foster patriotism and nationalism,
Section 4 - The prime duty of the Government is to accelerate social progress, and promote total
serve and protect the people. human liberation and development.
- The Government may call upon the people to
defend the State and in the fulfillment thereof, all Section 22 - The State recognizes and promotes
citizens may be required, under conditions provided the rights of indigenous cultural communities within
by law, to render personal military or civil service. the framework of national unity and development.

Section 5 - The maintenance of peace and order, Section 24 - The State recognizes the vital role of
the protection of life, liberty, and property, and the communication and information in nation-building.
promotion of the general welfare are essential for
the enjoyment by the people of the blessings of Section 27 - The State shall maintain honesty and
democracy. integrity in the public service and take positive and
effective measures against graft and corruption.
Section 6 - The separation of Church and State
and shall be inviolable. ARTICLE III - BILL OF RIGTS
Section 7 - The State shall pursue an independent
foreign policy. In its relation with other states the
- It is a declaration and enumeration of a person’s
paramount consideration shall be national
rights and privileges which the Constitution is
sovereignty, territorial integrity, national interest, and
designed to protect against violation by the
the right to self-determination.
government, or by individuals or groups of
individuals.
Section 8 - The Philippines, consistent with the
- It is a charter of liberties for the individual and a
national interest, adopts and pursues a policy of
limitation upon the power of the State.
freedom from nuclear weapons in its territory.
Section 9 - The State shall promote a just and
dynamic social order that will ensure the prosperity CLASSES OF RIGHTS
and independence of the nation and free the people
from poverty through policies that provide adequate
social services, promote full employment, a rising Natural Rights - those possessed by every citizen
standard of living, and an improved quality of life for without being granted by the State for they are
all. given to man by God as human being created to His
Section 10 - The State shall promote social justice image that he may live a happy life.
in all phases of national development. - Rights that you have when you are born. Not gifts
from the government.
Section 11 - The State values the dignity of every - ex. of natural rights Right to life, liberty, and
human person and guarantees full respect for property, Pursuit of Happiness, Right to Revolution,
human. Freedom of Thought, Freedom of Speech, Freedom
of Religion.
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Section 1 - No person shall be deprived of life,
2 Types of Natural Rights liberty, or property without due process of law, nor
shall any person be denied the equal protection of
1. Unalienable rights - are those which God gave to the laws.
man at the Creation, once and for all. By definition,
since God granted such rights, governments could
not take them away. Life - means something more than mere animal
- The unalienable rights are fundamental parts of existence. Refers to not just to physical safety but
humanity, the basis for moral interactions between also to the importance of quality of life.
people, and are irrevocable. - Right to life means right to be alive, right to one’s
- These are the rights that can never be forfeited. limbs against physical harm, and equally important,
- e.g. Right to love, sleep, eat, to be happy, pursuit of right to a quality good life.
happiness, freedom of thought, religious beliefs,
freedom of speech, etc.
Liberty - includes ‘negative’ and ‘positive’ freedom.
- Negative freedom means freedom from, or absence
2. Alienable rights - "Alienate" is a term from property of, physical constraints, while positive freedom
law. It means to transfer something. We alienate means freedom to exercise one’s faculties.
rights over property all the time by selling or given - Right to liberty includes the two aspects of freedom.
the property away. - Deemed to embrace the right of man to enjoy his
God-given faculties in all lawful ways, to live and
work where he will, earn livelihood by any lawful
calling, pursue any vocation, and enter into
Constitutional Rights - conferred and protected by contracts.
the Constitution.
- Since they are part of the fundamental law, they
cannot be modified or taken away by the Property - refers either to the thing itself or right
law-making body. over the thing. As a thing, property is anything
capable of appropriation, and it could be personal
or real.
Classification of Constitutional Rights - E.g. right to own, use, possess, alienate, or destroy
the thing.
A. Political Rights - e.g. right to vote, the right of -
citizenship, the right to information on matters of ● Malicious mischief - is defined as the willful
public matters. damaging of another’s property for the
sake of causing damage due to hate,
B. Civil Rights - they are those rights which the law will revenge, or other evil motive
enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their
means of happiness. Due process - ‘a law which hears before it
- e.g. Freedom of speech, of expression, or of the condemns, which proceeds upon inquiry and
press, the right of assembly and petition, and the renders judgement only after trial’
right to form association.
Two aspects of Due process
C. Social and Economic Rights - they include those
rights which are intended to insure the well-being ● Procedural Due Process - involves the method or
and economic security of the individual. manner by which the law is enforced.
- E.g. Right to property and to just compensation for ● Substantive Due Process - involves the law itself
private property taken for public use, promotion of which must be fair, reasonable, and just.
social justice, utilization of natural resources, and
the promotion of education, science, technology,
arts, and culture Equal Protection - ‘no person or class of persons
shall be deprived of the same protection of the law
which is enjoyed by the other persons or other
classes in the same place and in like
Statutory Right - provided by law, promulgated by circumstances’
the law-making body and consequently may be
abolished by the same body.
- E.g. right to receive a minimum wage, right to adopt
a child by an unrelated person.
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Section 2 - The right of the people to be secure in

their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purposes 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 Writ of Habeas Data - is a remedy available to any
oath or affirmation of the complainant and the person whose right to privacy in life, liberty, or
witnesses he may produce, and particularly security, is violated or threatened to be violated by
describing the place to be searched and the an unlawful act or omission of a public official or
persons or things to be seized. employee, or of a private individual or entity
engaged in the gathering, collecting or storing of
data or information regarding the person, family,
Warrant of arrest - a written order of the court, home, and correspondence of the aggrieved party.
issued in the name of the Philippines, authorizing a
peace officer to arrest a person, and put him under
the custody of the court. 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
Search warrant- a written order of the court, and petition the government for redress of
authorizing or directing a peace officer to search a grievances.
specific location, house, or other premises for a
personal property allegedly used in a crime or may
be utilized as a tool to prove a crime.

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
Section 3 - (1) the privacy of communication and public health, as may be provided by law.
correspondence shall be inviolable except upon
lawful order of the court, or when public safety or
order requires otherwise as prescribed by the law. Constitutional Rights of the Accused
- (2) any evidence obtained in violation of this or the
preceding section shall be inadmissible for any 1. Miranda Rights
purposes in any proceeding. 2. Right to Impartial, Speedy, and Public Trial
3. Right to be Informed of Nature and Cause
of Accusation
4. Right to be heard by Himself and Counsel
5. Right of a person against inhumane and
cruel punishment
6. Right of person against double jeopardy

● Acts of lasciviousness - act of making a physical

contact with the body of another person for the
purpose of obtaining sexual gratification other than,
or without intention of sexual inter course.
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● Rape - ‘the penetration, no matter how slight, of the

vagina or anus with any body part of object, or oral
penetration by a sex organ of another person
without the consent of the victim.

Robbery - a crime committed by “any person who,

with intent to gain, shall take any personal property
belonging to another by means of violence against
or intimidation of any person, or by using force upon
anything.

Theft - under Article 308 of the Revised Penal Unjust Vexation - The Supreme Court has defined
Code, is committed by any person who, with intent unjust vexation as any human conduct which,
to gain but without violence against or intimidation although not productive of some physical or
of persons nor force upon things, shall take the material harm, would unjustly annoy or irritate an
personal property of another without the latter's innocent person. The paramount question is
consent. whether the offender's act causes annoyance,
irritation, torment, distress or disturbance to the
mind of the person to whom it is directed.
7. Right of a person against detention - Consequently, unjust vexation is punishable by
because of his aspiration, political and imprisonment ranging from 1 day to 30 days and/or
religious beliefs a fine of P1,000.00 to P40,000.00.
8. Right of a person against imprisonment for Light coercions. Any person who, by means of
non-payment of debt or poll tax violence, shall seize anything belonging to his
9. Right of a person against involuntary debtor for the purpose of applying the same to the
servitude payment of the debt, shall suffer the penalty of
10. Right against bill of attainder arresto mayor in its minimum period and a fine
11. Right of a person against self-incrimination equivalent to the value of the thing, but in no case
12. Right of the accused to meet the witness less than 75 pesos."
face to face
13. Right to due process of law Were you ever annoyed by a neighbour who sings"My Way"
14. Right against ex-post facto law in his karaoke at the top of his lungs at two o'clock in the
15. No force, threat, torture, intimidation, morning, with the intent of not putting you to sleep? Were
violence shall be used against the accused you ever irritated by a classmate or an officemate who
16. Presumption of innocent deliberately pulls embarrassing pranks on you, with gusto?
17. No excessive fines shall be imposed Did you know that you can file a criminal case against them
18. Right to bail against excessive bail simply for annoying you? Well, yes, you can! This crime is
19. Right of a person against detention called unjust vexation.
because of his aspiration, political and
religious beliefs
20. Right of a person against imprisonment for
non-payment of debt or poll tax
21. Right of a person against involuntary
servitude
22. Right against bill of attainder
23. Right of a person against self-incrimination
24. Right of the accused to meet the witness
face to face
25. Right to due process of law
26. Right against ex-post facto law
27. No force, threat, torture, intimidation,
violence shall be used against the accused
28. Presumption of innocent
29. No excessive fines shall be imposed
30. Right to bail against excessive bail
To better understand the crime of unjust vexation, let us
look at case law. In the following cases, the Supreme
Court found that the following acts constituted unjust
vexation:

Cutting, without authority, the electric, water and

telephone lines of the business of another person
during the latter's peak hours of operations even
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when said lines crossed his property line: (Ong Chiu Onel De Guzman is the Filipino creator of one of the
Kwan v CA, G.R. 113006 23 November 2000) most destructive computer viruses in history, but
says he never meant for the virus to spread
Conducting, without authority, an Inventory of the globally.
properties of a lessee and transporting, also without
authority, the same to the police station even when The Cybercrime Prevention Act of 2012, officially
the lessee's contract had already expired: recorded as Republic Act No. 10175, is a law in the
(Maderazo vs People, ibid) Philippines that was approved on September 12,
2012.
Forcefully covering the face of another person with
a piece of cloth soaked in chemical with dizzying The National Bureau of Investigation (NBI) filed a
effects; (Ballesteros vs People, ibid) case against Mr. De Guzman for violating the
Cybercrime Prevention Act of 2012 and the NBI
Embracing, dragging and kissing another person in director ordered an immediate arrest of the suspect.
front of Vriend: (People v Salvino Sumingwa, G.R.
183619, 13 October 200 Is the act of NBI against the creator of computer
virus (Mr. De Guzman) valid?
Interrupting a religious ceremony by merely
constructing a barbed wire fence in front of a NO BILL OF ATTAINDER SHALL BE PASSED
chapel. (People v Procopio Reyes, et al., G.R. L-
40577, 23 August 1904)

NO EX POST FACTO LAWS SHALL BE PASSED

President Benigno Aquino III on May 15, signed the
Enhanced Basic Education Act of 2013 into Law,
more commonly known as the K-12 program.

With the law passed, students will now undergo

"Kindergarten and 12 years of basic education (six
years of primary education, four years of Junior
High School, and two years of Senior High School
[SHS]), before heading into higher education."

Adrian graduated his degree in BS Nursing in 2012

at Centro Escolar University, Manila. On June 18,
2013, his company St. Peter Hospital required
Adrian to finish the two years of SHS in compliance
to K12 program and his application for employment
regularization.

Is Adrian need to comply to the K-12 law passed by

the Congress in 2013?

ILOVEYOU, sometimes referred to as Love Bug or Freedom of Assembly - It refers to the right to hold a rally to
Love Letter for you or fake love letter, is a computer voice out grievances against the govemment.
worm/virus that infected over ten million Windows
Liberty In abode - includes the right to choose one's
personal computers on and after 4 May 2000 when residence to leave it whenever one pleases, within the limits
it started spreading as an email message with the prescribed by law, to travel where one wills, and to return to
subject line "ILOVEYOU". his place of residence, except in the interest of national
security, public safety and health.
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Libel - a method of defamation expressed by print, writing,
pictures, signs, effigies, or any communication embodied in
Freedom of religion or religious liberty - is a principle that physical form that is injurious to a person's reputation,
supports the freedom of an individual or community, in public exposes a persato public hatred, contempt or ridicule, or
or private, to manifest religion or belief in teaching, practice, injures a person in his/her business or profession.
worship, and observando.
Petition - a formal request seeking a specific court order,
Doctrine of Fair Comment made by a person, group or organisation to the court,
typically at the start of a lawsuit.
- a discreditable imputation directed against a public
person in his public capacity does not necessarily
make one hable. Allhough generally every Arraignment - refers to that stage of the criminal proceeding
discreditable imputation publicly made is deemed when the information is read to the accused to which he
false and malicious because every man is pleads guilty or not guilty. The proceeding continues until a
presumed innocent until proven guilty, nevertheless, final judgement is entered by the court. The judgement is
if the impulation directed against a person in his final when there is nothing for the court to do but to execute
public is based on "established facts, even if the it. Thus, during this duration the accused can invoke the said
Interned opinion is wrong, the comments as rights under the proper circumstances.
justified.
Right to be presumed Innocent - refers to the constitutional
Commercial Speech sanction - one that proposes a guarantee that the accused should be treated as if innocent
transaction done on behalf of a company or individual for until he is proven guilty beyond reasonable doubt.
purposes of profit. It is a protected speech for as long as it is
not false or misleading and does not propose an illegal Involuntary servitude - refers to the compulsory service of
another or simply modern day slavery.
RA. 4200 or the Anti-Wiretapping Act - a relment of privacy
of communication, is a law which prohibits a person Poll tax - a tax of a fixed amount imposed on individuals
authorised by all the parties to any private communication, to residing within a specified territory, whether citizens or not,
wire lap or use any device in secretly overhead intercept, without regard to their property or the occupation in which
record, or communicate the content of the said they may be engaged.Community tax or residence tax is an
communication to any personi. example of poll tax.

Extrajudicial confession - refers to a confession or Bail - refers to the security given for the temporary release of
admission of guilt made outside (extra) the court (judicial) a person in custody of the law, furnished by him or a
Requisites for Validity. For an extrajudicial confession to be bondsman, conditioned upon hisappearance before any
valid and admissible as evidence in court, it must be: (a) court as may be required.
voluntary; (b) enade in the assistance of a competent and
independent counsel; (c) express; and (d) inviting. Right to speedy trial - based on the maxim that "justice
delayed is justice denied." Unreasonable delays may result
Writ of habeas corpus - a written order issued by the court in a prolonged suffering of an innocent accused or an
directed to a person detaining another commanding him to evasion of justice by a truly guilty person.
produce the body of the prisoner at a designated time and
place, with the day and cause of his capture and detention, Right to impartial trial - primarily requires that the judge
to do, to submit to, and to receive whatever court or judge who sits in the case must be objective and renders a
awarding the writ shall consider in his behalf. decision based on the cold neutrality of the evidence
presented.
Writ of amparo - another available remedy to any person
whose right to life, liberty, and security has been violated or Right to public trial - demands that the proceedings be
threatened to be violated by an unlawful act or omission of a conducted in such a way that the public may know what
public official or employee, or of a private individual or entity. transpires during the trial. It is not necessary that the entire
This remedy is especially available in cases of enforced public can witness the proceedings; it is enough that the
disappearances and extrajudicial killings. relatives and friends of the interested parties are
accommodated in the trial venue.
Punishment - cruel when it is shocking to the conscience of
mankind and it involves prolonged suffering and agony to the Writ of amparo - another available remedy to any person
person punished. For a penalty to violate the constitutional whose right to life, liberty, and security has been violated or
guarantee, it must be so flagrant and oppressive as to be threatened to be violated by an unlawful act or omission of a
degrading to human dignity, and it must be unreasonably public official or employee, or of a private individual or entity.
disproportionate to the nature of the offence as to shock the This remedy is especially available in cases of enforced
senses of the community. disappearances and extrajudicial killings.

Estafa - is not the non-payment of debt but the deceit

accompanying the act of non-payment.

Reclusion perpetua - may actually mean 'life imprisonment

Recidivist - a convicted criminal who reoffends, especially

repeatedly.
PGC
MR. PAUL FULGENCIO
DDM 1-1
in accordance with paragraph (3), Section 1 hereof
shall be deemed natural-born citizens.

Naturalization

is the legal act or process by which a noncitizen of a country

may acquire citizenship or nationality of that country. It may
be done automatically by a statute (law enacted by the
congress) without any effort on the part of the individual, or it
may involve an application or a motion and approval by legal
authorities.

Naturalized Citizen

Daniel and Vanessa Matsunaga The Brazilian-Japanese

siblings had been around the world because of their
modeling career, but they chose Manila as their home.
Daniel entered showbiz, became a Pinoy Big Brother winner.
Daniel became a naturalized Filipino in December 2015.

- SECTION 4. Citizens of the Philippines who marry aliens

shall retain their citizenship, unless by their act or omission
AGE OF MAJORITY IN THE PHILIPPINES they are deemed, under the law, to have renounced it.

• Jus Sanguinis

- Blood relationship is the basis for the acquisition of

citizenship

• Jus Soli/ Loci

- Place of birth is the basis for the acquisition of

citizenship

SECTION 5 - Dual allegiance of citizens is inimucal to the

national interest and shall be dealt with by law.

SECTION 1 - The following are citizens of the Philippines:

•(1) Those who are citizens of the Philippines at the time of

the adoption of this Constitution;

•(2) Those whose fathers or mothers are citizens of the

Philippines;

• (3) Those born before January 17, 1973, of Filipino

mothers, who elect Philippine citizenship upon reaching the
age of majority; and

• (4) Those who are naturalised in accordance with law.

NATURAL BORN FILIPINO

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
PGC
MR. PAUL FULGENCIO
DDM 1-1
Statelessness is often the product of policies that aim to
exclude people deemed to be outsiders, notwithstanding
NATURAL-BORN DUAL CITIZENS their deep ties to a particular country.

Example:

• More than 600,000 people in Myanmar's

Rakhine state are stateless on the basis of the current

citizenship law, which provides that only members of certain
ethnic groups are eligible for citizenship.

• Because some 25 States around the world do not allow

women to transfer nationality to their children, statelessness
can occur where fathers are unknown, missing or deceased

Cynthia Aguirre is a Filipino diplomat in the United States.

She gave birth in New York on August 26, 2020. What is the
citizenship of her child?

ANSWER

Filipino Citizenship

A person born in the United States to a foreign diplomatic

CITIZEN - member of democratic state
officer accredited to the United States is not subject to the
jurisdiction of United States law. Therefore, that person
SUBJECT - member of monarchial state
cannot be considered a U.S. citizen at birth under the 14th
Amendment to the United States Constitution.
CASE ANALYSIS
CAN A DUAL CITIZENSHIP HOLDER POSSESS TWO
PASSPORTS?
SHANE IS AN AMERICAN CITIZEN. SHE BOARDED THE
PHILIPPINE AIRLINES TO JAPAN AS COUNTRY CASE ANALYSIS
DESTINATION. IN THE MID FLIGHT, SHE GAVE AN
IMPROMPTU DELIVERY TO HER SON IN TOKYO WITH Onotre, a natural born Filipino citizen, arrived in the United
THE HELP OF THE FLIGHT ATTENDANTS AND States in 1985, In 1990, he married Salvacion, a Mexican,
PASSENGERS. and together they applied for and obtained American
citizenship in 2001. In 2015, the couple and their children
What is the citizenship of a baby born on the said -Alfred, 21 years of age, Robert, 16, and Marie, 14, who
airplane would be? were all born in the US. - returned to the Philippines on June
1, 2018. On June 18, 2015, informed that he could reacquire
STATELESSNESS - kasi may conflict sa law ng two Philippine citizenship without losing his American citizenship,
states Onotre went hare to the Philippines and took the oath of
allegiance prescribed under R.A No. 9228. On October 28,
"There is no universal rule, an aircraft is considered that 2015, he filed a Certificate of Candidacy to run in the May 9,
country's soil," under the 1961 Convention on the Reduction 2016 elections for the position of Congressman in his home
of Statelessness. Its a technicality, since in most cases, province of Palawan, running against re electionist
children receive their parents citizenship via the convention Congressman Profundo.
of jus sanguinis, or right of blood. This is the policy most
often followed, though some countries adhere to the Did Onofre’s reacquisition of Philippine citizenship
alternative concept of jus soli, or right of soil, which confers benefit his wife, Salvacion, and their minor children and
citizenship on a child according to the location in which they confer upon them Filipino citizenship? Explain your
are born. The only time the 1961 Convention rules comes answer. (2.5%)
into play is on the rare occasion when the child would
otherwise be stateless" ANSWER

STATELESSNESS [a) The reacquisition of the Philippine citizenship by Onofre

did not aulomatically make his American wife, Salvacion, a
In international law, a stateless person is someone who is Filipino citizen. Nowhere does Republic Act No. 9225provide
"not considered as a national by any state under the that the foreign wife of a former Filipino citizen who
operation of its law" reacquired his Filipino citizenship will automatically becorne
a Filipino citizen.
Statelessness may occur for a variety of reasons, including
discrimination against particular ethnic or religious groups or Robert, who is 16 years old, and Marie, who is 14 years ald,
on the basis of gender; the emergence of new States and also became Filipino citizens. The unmarried children below
transfers between existing States: and conflict of nationality eighteen (18) years of age, of those who reacquire Philippine
laws. citizenship are also deemed citizen ofthe Philippines.
(Section 4 of Republic Act No. 9225).