FILIPINO CITIZEN AND HIS RIGHTS (ARTICLE III, IV AND V)
TOPIC 1: THE CONCEPT OF CITIZENSHIP (WHO ARE THE FILIPINO CITIZENS)
Citizenship
- is the relationship between an individual and a state to which the individual owes
allegiance and in turn, is entitled to its protection. Citizenship implies the status of freedom with
accompanying responsibilities. A citizen is a participatory member of a political community.
Citizenship is gained by meeting the legal requirements of a national, state, or local
government. A nation grants certain rights and privileges to its citizens. In return, citizens are
expected to obey their country's laws and defend it against its enemies.
Today, we take it for granted that the Philippines follows the principle of jus sanguinis
(law of the blood) to determine citizenship, but in the first half of the 20th century, the principle of
jus soli (law of the soil) was once prevalent.
In fact, the 1899 Malolos Constitution enunciated jus soli as the principle of citizenship,
declaring that Filipinos included “all persons born on Filipino territory.” Malolos was remarkably
inclusive. However, the US military invasion of the Philippines truncated the Malolos Republic
and left no opportunity to probe its tenets on citizenship before a court of law.
The invention of Philippine citizenship came with the Philippine Bill of 1902, signed into
law on July 1, 1902, to become the country’s “first organic act.” Section 4 stipulated that the
“inhabitants” of the Philippine Islands who were Spanish subjects on April 11, 1899, the date
when the Treaty of Paris was proclaimed as duly ratified by both Spain and the United States,
became “citizens of the Philippine Islands” (unless one opted for Spanish nationality). Philippine
citizenship was a direct successor to Spanish subjecthood. The diverse populations in the
country at that time thus acquired Philippine citizenship, a political status they could pass on to
their children – suggesting jus sanguinis as one of the means to determine Philippine
citizenship.
Jus soli - commonly referred to as birthright citizenship, is the right of anyone born in the
territory of a state to nationality or citizenship.
Jus sanguinis - is a principle of nationality law by which citizenship is determined or acquired by
the nationality or ethnicity of one or both parents.
TOPIC 2: LOSS AND ACQUISITION OF FILIPINO CITIZENSHIP
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE IV — CITIZENSHIP
Section 1. The following are citizens of the Philippines:
- Those who are citizens of the Philippines at the time of the adoption of this
Constitution; - Those whose fathers or mothers are citizens of the Philippines;
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and - Those who are naturalized in accordance with the law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless, by
their act or omission, they are deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.
Acquisition of Filipino Citizenship
There are different methods for acquiring Filipino Citizenship. It may be through natural
means or naturalization.
a. Citizenship by birth
According to the 1987 Constitution of the Republic of the Philippines Article 4
Section 1 Paragraph 2, those whose fathers or mothers are citizens of the Philippines.
This means that if an individual is born to at least one Filipino parent, they are
considered a Filipino citizen, regardless of where they were born. This follows the
principle of Jus Sanguinis stating the basis of blood relationship and proving that
Philippine law on citizenship adheres to this.
An example of this is the case of Valles vs. Commission on Elections, which
addressed the citizenship status of Rosalinda Ybasco Lopez. She was born in Australia
to a Filipino father and an Australian mother, but later settled in the Philippines and
married a Filipino. She participated in various electoral processes, including running for
Governor in the May 1998 elections. Valles, an opposing candidate, filed a petition for
her disqualification on the grounds that she was Australian. However, the court ruled that
she was a Filipino citizen based on the Jus Sanguinis principle.
Another principle that serves as the basis of acquiring citizenship by considering
the place of birth is the Jus Soli or Jus Loci.
b. Citizenship by naturalization
Naturalization refers to the process of turning an alien or foreign individual of one
country into a citizen of that country. Undergoing naturalization could be achieved
through three processes: judicial, legislative, or administrative.
In the judicial process, the alien needs to go to court and file a petition for
naturalization. It is in accordance to Commonwealth Act No. 473 of 1939 Section 2, “any
person having the following qualifications may become a citizen of the Philippines by
naturalization; (a) he must-be not less than twenty-one years of age on the day of the
hearing of the petition; (b) he must have resided in the Philippines for a continuous
period of not less than ten years; (c) he must be of good moral character and believes in
the principles underlying the Philippine Constitution, and must have conducted himself in
a proper and irreproachable manner during the entire period of his residence in the
Philippines in his relation with the constituted government as well as with the community
in which he is living; (d) he must own real estate in the Philippines worth not less than
five thousand pesos, Philippine currency, or must have some know lucrative trade,
profession, or lawful occupation; (e) he must be able to speak and write English or
Spanish and any one of the principal Philippine languages; (f) he must have enrolled his
minor children of school age, in any of the public schools or private schools recognized
by the Office of Private Education of the Philippines, where Philippine history,
government and civics are taught or prescribed as part of the school curriculum, during
the entire period of the residence in the Philippines required of him prior to the hearing of
his petition for naturalization as Philippine citizen.”
In the legislative process, it involves the Philippine Congress enacting a law to
grant citizenship to a specific foreign individual. We can look at the case of Andray
Blatche, an American basketball player, who was granted Filipino citizenship by
Congress so that he could play for the Philippine team in the FIBA (Fédération
Internationale de Basketball) — R.A. 10636. Another example is the case of Marcus
Eugene Douthit, also an American basketball player, who was granted Philippine
citizenship in 2011 under R.A. 10148.
In the administrative process, the alien needs to go to the Special Committee on
Naturalization. In accordance to R.A. 9139 of 2000 Section 3, “any person desiring to
avail of the benefits of this act must meet the following qualifications: (a) The applicant
must be born in the Philippines and residing therein since birth; (b) The applicant must
not be less than eighteen (18) years of age, at the time of filing of his/her petition; (c) The
applicant must be of good moral character and believes in the underlying principles of
the Constitution, and must have conducted himself/herself in a proper and
irreproachable manner during his/her entire period of residence in the Philippines in his
relation with the duly constituted government as well as with the community in which
he/she is living; (d) The applicant must have received his/her primary and secondary
education in any public school or private educational institution duly recognized by the
Department of Education, Culture and Sports, where Philippine history, government and
civics are taught and prescribed as part of the school curriculum and where enrollment is
not limited to any race or nationality: Provided, That should he/she have minor children
of school age, he/she must have enrolled them in similar schools; (e) The applicant must
have a known trade, business, profession or lawful occupation, from which he/she
derives income sufficient for his/her support and if he/she is married and/or has
dependents, also that of his/her family: Provided, however, That this shall not apply to
applicants who are college degree holders but are unable to practice their profession
because they are disqualified to do so by reason of their citizenship; (f) The applicant
must be able to read, write and speak Filipino or any of the dialects of the Philippines;
and (g) The applicant must have mingled with the Filipinos and evinced a sincere desire
to learn and embrace the customs, traditions and ideals of the Filipino people.”
Natural Born Filipino Citizens
Filipino citizens can be considered natural-born from the following:
a. Citizens of the Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship, under Section 2 Article 4 of the 1987 Constitution
of the Philippines Article.
b. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority, under Paragraph 3 Section 1 Article 4
of the 1987 Constitution of the Philippines Article.
Analyzing the case of Vicente D. Ching. On October 1, 1999, can a legitimate child have
born under the 1935 Constitution of a Filipino mother and an alien father validly elect Philippine
citizenship fourteen (14) years after he has reached the age of majority? This is the question
sought to be resolved in the presented case involving the application for admission to the
Philippine Bar of Vicente D. Ching. He elected his Filipino citizenship in 1999 but the supreme
court said it was not within a reasonable time. Reasonable time has been interpreted to mean
that the election should be made within three years of reaching the age of majority. However, we
held in Cuenco vs. Secretary of Justice, that the three-year period is not an inflexible rule. He
passed the bar but did not admit to the Philippine bar.
The marriage of an alien woman to a Filipino does not make the alien woman a Filipino
citizen. There is no law guaranteeing aliens married to Filipino citizens the right to be admitted,
much less to be given permanent residency, in the Philippines. The marriage of an alien woman
to a Filipino husband does not ipso facto excuse her from her failure to depart from the country
upon the expiration of her extended stay in the Philippines as an alien. If the alien wants to be a
Filipino citizen, the alien must undergo the process of naturalization. This can be seen in the
case of Djumantan vs. Domingo on January 30, 1995.
Republic Act 9139 — Administrative Naturalization Law of 2001
It is effective on June 8, 2001. This is applicable to all foreigners born in the Philippines
and who continue to reside in the Philippines, translated from Section 2. The petition for
naturalization is not filed with the court, thus making it not litigious. “The Special Committee on
Naturalization runs this administrative process were composed of the Solicitor General as
chairman, Secretary of Foreign Affairs, or his representative, National Security Adviser as
members with the power to approve, deny or reject applications for naturalization,” according to
Section 6.
Loss of Filipino Citizenship
Under the first section of the Commonwealth Act No. 63, a Filipino citizen will lose his
citizenship due to the following:
a. By naturalization in a foreign country;
b. By express renunciation of citizenship;
c. By subscribing to an oath of allegiance to support the constitution or laws of a
foreign country upon attaining twenty-one years of age or more;
d. By accepting a commission in the military, naval or air service of a foreign
country;
e. By cancellation of the certificate of naturalization;
f. By having been declared, by competent authority, a deserter of the Philippine
army, navy or air corps in time of war, unless subsequently a plenary pardon or
amnesty has been granted; and
g. In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in
force in her husband’s country, she acquires his nationality.
Reacquisition of Filipino Citizenship
If an ex-Filipino wants to be a Filipino once again, he/she has to undergo the process of
repatriation. Repatriation is the reacquisition of Philippine citizenship. According to Section 4 of
the Commonwealth Act No. 63, “repatriation shall be effected by merely taking the necessary
oath of allegiance to the Commonwealth of the Philippines and registration in the proper civil
registry.” However, the privilege of repatriation under R.A. 8171 is available only to natural-born
Filipinos who lost their citizenship on account of political or economic necessity and to the minor
children of said natural-born Filipinos. This means that if a parent who had renounced his
Philippine citizenship due to political or economic reasons later decides to repatriate under R.A.
8171, his repatriation will also benefit his minor children according to the law.
Repatriation results in the recovery of the original nationality. This means that a
naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized
Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his
Philippine citizenship, he would be restored to his former status as a natural-born Filipino.
Under Republic Act No. 9225, also known as Citizenship Retention and Re-acquisition
Act on August 29, 2003, natural-born citizenship by reason of their naturalization as citizens of a
foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the
following oath of allegiance to the Republic. This is unlike repatriation because a natural-born
Filipino citizen who acquires a foreign citizenship by naturalization may re-acquire Philippine
citizenship again by the oath of allegiance before our officials in the Philippine embassy without
renouncing his foreign citizenship — making the individual to be dual allegiance (voluntary).
Derivative Citizenship
“The unmarried child, whether legitimate, illegitimate, or adopted, below eighteen years
of age, of those who re-acquire Philippine Citizenship upon effectivity of this act shall be
deemed citizenship of the Philippines”, according to Section 4 of R.A. 9225. According to the
court, R.A. 9225 does not recognize dual allegiance. It is clear that the intent of the legislature in
drafting R.A. 9225 is to do away with the provision in C.A. 63 which takes away Philippine
citizenship from natural-born Filipinos who become naturalized citizens of their country.
Dual Citizenship
Dual citizenship arises when, as a result of the concurrent application of the different
laws of two or more states, a person is simultaneously considered a citizen of said states. It is
an involuntary act.
This can be observed in the case of Mercado vs. Manzano on May 26, 1999. Ernesto
Mercado questioned the citizenship of Eduardo Manzano. Apparently, Manzano is a dual citizen
and was carrying an American passport. Mercado insisted that under the local government
code, one of the disqualifications of a candidate for an elective post in a local government is
being a dual citizen (under Section 4 of R.A. 7160). By filing a certificate of candidacy when he
ran for his present post, Manzano elected Philippine citizenship and in effect renounced his
American citizenship. The filing of such a certificate of candidacy suffices to renounce his
American citizenship.
TOPIC 3: CLASSIFICATION OF RIGHTS
The classification of rights refers to the division or grouping of human rights according to
different standards or viewpoints. The following are some typical classifications for rights: - Individual Rights: Individual rights encompass inherent entitlements that are universally
bestowed upon every human being solely by virtue of their humanity. These rights
encompass our personal liberties and the safeguarding we are entitled to from both
individuals and governmental entities. They encompass fundamental aspects such as
the right to existence, the autonomy to make autonomous choices, the assurance of
personal safety, the freedom to express ourselves without constraints, and the ability to
exercise our own beliefs. Serving as a protective barrier, individual rights enable us to
lead our lives according to our preferences, provided that we refrain from causing harm
to others or encroaching upon their own rights. Presented below are several notable
individual rights:
- Right to life: The right to life constitutes an inherent right to be protected against
arbitrary deprivation of one's own existence. - Right to Liberty: This right guarantees an individual's immunity from unlawful
placement or detention. - Right to Security: It ensures the right to protection of individuals from acts of
violence, threats and all forms of impairment of physical or mental health. - Rights to Privacy: The right to privacy protects an individual's personal
information, communications, and personal autonomy from unauthorized
intrusion. - Freedom of expression: This right protects the freedom of individuals to articulate
their views, thoughts and beliefs. - Freedom of Religion: It includes freedom to practice, worship, or change religion
or belief without interference. - Freedom of thought: The right to freedom of thought includes the freedom of
individuals to have their own thoughts, beliefs and moral compass.
- Collective Rights: Collective rights pertain to the recognition of rights for groups or
communities, as opposed to individual rights. Certain groups possess distinct cultures,
histories, or identities that warrant protection and preservation. For instance, indigenous
peoples enjoy collective rights due to their longstanding connection to their territories
and traditions. These rights ensure the preservation of their communities' cultural
practices, languages, and ways of life.
- Right to Peaceably Assemble: The right to peaceably assemble, or freedom of
assembly, ensures individuals' right to gather peacefully, associate, and express
collective views. It allows for political rallies, protests, and community gatherings,
enabling the sharing of opinions, ideas, and peaceful activism. - Right to Peace: The right to peace emphasizes living in a violence-free,
harmonious environment. It includes physical and psychological security,
promoting peaceful relations, conflict resolution, and preventing violence. Peace
is vital for enjoying other human rights. - Right to Development: The right to development recognizes individuals'
participation, contribution, and benefit from equitable, sustainable development. It
covers economic, social, cultural, and political aspects, ensuring well-being,
dignity, and self-fulfilment. It involves resource access, decision-making, and
active involvement in shaping development. - Right to Self-Determination: The right to self-determination grants people the
freedom to determine their political status, pursue development, and control
natural wealth. It encompasses autonomy, self-governance, and pursuing
cultural, economic, and social well-being. It is relevant to oppressed populations,
indigenous peoples, and those seeking recognition or independence. - Right to Environment: The right to the environment guarantees a clean, safe, and
sustainable living environment. It includes clean air, water, land, ecosystem
protection, and natural resource preservation. Governments and individuals have
a duty to prevent pollution, address climate change, and conserve the
environment. It is closely linked to other human rights, as a healthy environment
is crucial for overall well-being.
- Civil Rights: Civil rights, considered the epitome of individual rights, focus on ensuring
fair and equal treatment of every individual within a civic society. They encompass the
right to equal treatment regardless of race, gender, or religion. Civil rights safeguard our
freedom of speech and expression, our ability to assemble and engage in peaceful
demonstrations, and our right to a fair trial when accused of a crime. They are
instrumental in enabling our full participation in society without facing discrimination
based on our identities.
- Right to equality: The right to equality guarantees that all individuals receive fair
and unbiased treatment and legal protection, irrespective of attributes such as
race, gender, religion, or nationality. - Freedom of speech: This right ensures individuals' freedom to openly express
their thoughts, opinions, or critiques without facing censorship or reprisals. - Freedom of assembly: This right safeguards the freedom to gather, protest, or
engage in peaceful demonstrations. - Right to a fair trial: This right ensures that individuals have the right to a just,
impartial, and independent judicial process when their rights or interests are
involved. It guarantees access to a legal system that operates with fairness and
integrity.
- Political Rights: Political rights are all about having a voice in the choices that impact
our lives and communities. They're like the essential tools of democracy. Political rights
grant us the right to vote, allowing us to select the leaders who will represent us. They
also encompass the freedom to join political parties, run for public office, and express
our political beliefs without restraint. These rights empower us to shape the rules,
policies, and regulations that govern our nations and ensure our voices are heard in the
decision-making process.
- Right to vote: Voting rights ensure that people can participate in elections and
choose their representatives in government. - Right to form and join political parties: This right enables people to take part in
political activities and advance democracy by establishing or joining political
parties. - Right to run for public office: This privilege entitles people to declare themselves
as contenders for political posts, including elected or appointed positions in the
executive branch of government.
- Economic and Social Rights: Economic and social rights aim to provide everyone with
opportunities for fulfilling lives, recognizing the importance of individual liberty alongside
access to essential resources and opportunities. For instance, the ability to engage in
independent work enables us to support our families and meet our financial needs.
These rights also encompass access to healthcare, an adequate standard of living, and
education. By guaranteeing equal opportunities, these rights ensure that no one is left
behind.
- Right to work: This guarantee protects people's freedom of job choice as well as
their right to fair and beneficial working circumstances. - Right to education: This principle ensures that everyone has equal access to
high-quality education. - Right to healthcare: Access to vital medications, facilities, and services for
healthcare is included in the right to healthcare. - Right to housing: The right to appropriate, affordable, and secure housing is part
of the housing right. - Right to food: The right to eat acknowledges the need for food that is safe,
nutritious, and appropriate for one's culture.
- Cultural Rights: Cultural rights celebrate and acknowledge our uniqueness and the
value of protecting our cultures and traditions. They encompass the freedom to express
one's culture, utilize one's native language, and participate in cultural events. Cultural
rights ensure the preservation and appreciation of our cultural heritage, ensuring that no
individual faces prejudice based on their cultural background. Like a tapestry, cultural
rights weave together the rich and diverse fabric of humanity.
- Right to participate in cultural life: The freedom to take part in cultural activities,
celebrations, and customs as well as to produce and exchange cultural
expressions is included in the right to cultural participation. It recognizes the
importance of cultural identity and legacy in forming both individual and group
identities. - Right to access and enjoy cultural heritage: The ability to access, recognize, and
take pleasure in cultural heritage, including works of art, literature, music, and
other forms of expression, is included in this right. Protecting cultural landmarks
and natural areas is part of it. - Right to cultural participation and information access: This right places a strong
emphasis on ensuring that all people have equal access to cultural opportunities,
such as cultural events, institutions, and information. The opportunity to engage
in cultural life without discrimination and the right to acquire knowledge about
cultural expressions are both parts of this.
TOPIC 4: THE CONSTITUTIONAL RIGHTS OF THE FILIPINO CITIZENS
ARTICLE III: BILL OF RIGHTS
Bill of Rights - is a statement and listing of an individual’s rights and privileges which the
fundamental law of the land is designed to safeguard against violations of the government or by
an individual or group of individuals. It is the charter embodying the liberties of a person and the
limitations upon the power of the state.
Section 1. Due Process - No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
● This means that no one can be punished or be subjected to any penalty or sanction
without first being provided with the opportunity to defend themselves through a fair and
impartial trial. The equal protection of the laws is also guaranteed, meaning that no one
shall be denied the equal protection of the laws.
Section 2. Equal Protection of the Law- The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
Section 3. Right to Privacy of Communication and Correspondence – The privacy of
communication and correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as prescribed by law. Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any purpose in any
proceeding.
Section 4. Freedom of Speech - No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
Section 5. Freedom of Religion - 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. Liberty of Adobe and Travel - The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
Section 7. Right to Information on Matters of Public Concern - The right of the people to
information on matters of public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
Section 8. Right to Association - The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for purposes not contrary to
law shall not be abridged.
Section 9. Right to Just Compensation - Private property shall not be taken for public use
without just compensation.
Section 10. Non – Impairment of Contracts - No law impairing the obligation of contracts shall
be passed. The principal purpose of this constitutional provision is that of safeguarding the
integrity of valid contractual agreements against unwarranted interference from the States in the
form of the law.
Section 11. Free of Access to Courts - Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 12. Rights of a Person Under Custodial Investigation - Any person under
investigation for the commission of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel. No torture, force, violence,
threat, intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited. Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 13. Right to Bail - All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Section 14. Right to Due Process of Law - No person shall be held to answer for a criminal
offense without due process of law. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.
Section 15. Non-Suspension of the Privilege of Habeas Corpus - The privilege of the writ of
habeas corpus shall not be suspended except in cases of invasion or rebellion when the public
safety requires it.
Section 16. Right to Speedy Trial - All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. Right Against Self-Incrimination - No person shall be compelled to be a witness
against himself.
Section 18. Right Against Detention Due to Political Beliefs and Aspirations - No person
shall be detained solely by reason of his political beliefs and aspirations. No involuntary
servitude in any form shall exist except as a punishment for a crime whereof the party shall
have been duly convicted.
Section 19. Right Against Cruel and Unusual Punishment - Excessive fines shall not be
imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty
be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. The
employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.
Section 20. Non-Imprisonment Due to Debt - No person shall be imprisoned for debt or
non-payment of a poll tax.
Section 21. Right Against Double Jeopardy - No person shall be twice put in jeopardy of
punishment for the same offence. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22. Non-Passage of Ex Post Facto and Bill of Attainder - No ex post facto law or bill
of attainder shall be enacted.
TOPIC 5: SUFFRAGE IN THE PHILIPPINES
What is suffrage? - Suffrage is a term that refers to a person’s ability to participate in society by being able to
vote in elections. Which simply means the right of a person to vote. The right to suffrage,
as a human right, is related to the concept of democracy and People’s sovereignty.
ARTICLE V: SUFFRAGE
Section 1.
Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
Section 2.
The Congress shall provide a system for securing the secrecy and sanctity of the ballot
as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
Why is voting important? - In democratic governance, voting is one of the most important events during the
selection of newly elected officials. It is important even for ordinary people to vote to give
them a chance and the right to push for policies and laws that reflect their values and
help to create a more just and equitable society. It is also a civic duty that helps to
ensure the integrity of democratic institutions and strengthens the social fabric of a
society. It is a way for citizens to take an active role in shaping the direction of their
communities and countries.
Nature of Suffrage
- Political nature: The political nature of suffrage refers to the right to participate in the
political process, particularly the right to vote in elections. It is a fundamental political
right that allows individuals to have a say in the governance of their country and to
choose their leaders. This aspect of suffrage is concerned with the democratic and
participatory aspects of the political system. - Civil nature: The civil nature of suffrage refers to the right to participate in civil society,
particularly the right to exercise one's rights and freedoms. It encompasses the broader
idea of citizenship and the protection of individual rights. This aspect of suffrage is
concerned with the individual's role in society and their ability to access basic services
and opportunities without discrimination.
Who is allowed to vote under the 1987 Philippine Constitution?
The 1987 Philippine Constitution states that
At least 18 years old on or before election day.
A Filipino citizen.
A resident of the Philippines for at least one year immediately preceding the
election.
A resident of the place wherein he/she proposes to vote for at least six months
immediately preceding the election.
- Individuals who have been convicted of certain crimes or are mentally incompetent by a
competent authority cannot vote.
To vote, eligible individuals must first register with the Commission on Elections
(COMELEC) and obtain a valid voter's ID or any government-issued ID that includes
their photo and signature.
Can illiterates and disabled people vote? - YES, These people are assisted by the election officers during the election
Can OFW vote? - YES, Through absentee voting. Absentee voting is a process by which He / She
can vote in the embassy of (His / Her Country), At least if they are qualified for
it.
Can prisoners vote? - Prisoners who are convicted and currently serving a sentence of imprisonment
for more than one year are not allowed to vote in national and local elections, as
they are considered to be disqualified by law.
Who is disqualified to vote in the elections?
- Those who have been sentenced to serve a prison term of more than 1 year,
except those who have been granted plenary pardon or amnesty. - Those who have been adjudged by competent authority as mentally
incompetent. - Those who have been disqualified by the Commission on Elections
(COMELEC) or by a competent court for violations of election laws, such as
vote-buying or vote-selling. - Dual citizens who have opted to retain their foreign citizenship, as they are
considered citizens of another country and therefore cannot vote in Philippine
elections. - Individuals who have committed electoral offences such as multiple
registrations, voting more than once, or engaging in other forms of fraud or
manipulation during the election process.
- Remember that disqualifications do not necessarily mean a person is permanently
banned from voting. These disqualifications can be lifted if the following are observed,
such as completion of a prison sentence, regaining mental capacity, or having the
disqualification lifted by the COMELEC. - It's important to note that the disqualification from voting is not permanent and can be
lifted under certain circumstances, such as when a person has completed their
sentence, regained their mental capacity, or had their disqualification lifted by the
COMELEC.
Other Substantive Requirements NOT imposed on the exercise of suffrage - Literacy Requirement
An illiterate voter is not necessarily an ignorant voter. - Property Requirement
Property ownership is not necessarily a good indicator of an individual's ability to
make informed political decisions or contribute to the democratic process. - Education
Formal education itself is no guarantee of good citizenship or of intelligent voting - Sex
discriminates against individuals based on their gender identity, rather than their
qualifications to participate in the democratic process. - Taxpaying ability
All individuals, regardless of their financial status, are entitled to participate in the
democratic process and have their voices heard through voting.
Scope of Suffrage - Refers to important aspects of democratic governance, as it helps to ensure that all
eligible citizens have an equal opportunity to participate in the political process and have
their voices heard through voting.
a. Election - Process in which people vote for a certain person or group of people to
hold a position in the government.
b. Plebiscite - Process in which people decide whether to accept or reject certain
changes in the constitution.
c. Referendum - An election device in which a law can be either accepted or repealed
based on the popularity of the people
d. Initiative - Process whereby the people directly propose and enact laws
e. Recall - A method by which a public officer may be removed from their office
during his tenure or before the acceleration of his term
WOMEN’S SUFFRAGE - Before 1937, Only men were allowed to vote in national elections creating debate
and petitions. Since women are often excluded from exercising their political
rights even though they have attained the same education level as men, paid and
contributed to taxes and are intelligent enough to elect people that would pass
laws that are beneficial for their families. This topic of women's suffrage in the
Philippines served as a foundational aspect of the early feminist movement in the
country not until when the Philippine Commonwealth Government passed the
Commonwealth Act No. 441 or also known as the Women’s Suffrage Act which
granted all female Filipino citizens the right to vote and to hold public office for
the first time. - Women in the Philippines were allowed to vote on April 30, 1937
- The Women's Suffrage Act of 1937 was a significant milestone in Philippine
history, as it recognized the right of women to participate in the democratic
process and to have a say in the governance of the country. This law paved the
way for greater gender equality and empowerment of women in the Philippines.