Stevenson S.
Yu, XU Law, 1st Semester 2017-2018
Preamble
We, the sovereign Filipino people, imploring the aid of almighty God, in order to
build a just and humane society and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity the blessing of
independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality and peace, do ordain and promulgate this
Constitution.
Art. IV Citizenship
Sec. 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 naturalized in accordance with law.
Sec. 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.
Sec. 3
Philippine Citizenship may be lost or reacquired in the manner provided by law.
Sec. 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.
Sec. 5
Dual allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
Citizenship
- a personal and more or less permanent membership in a political
community
Modes of acquiring citizenship
(1) jus sanguinis based on blood relationship (citizenship of parents)
ConstiRev Notes (Judge Escobido)
(2) jus soli based on place of birth
(3) naturalization legal act of adopting an alien and clothing him with the
privilege of a native born citizen
Repatriation
- recovery of original citizenship
- effected by taking the necessary oath of allegiance to the Republic of
the Philippines and registration in the proper civil registry and the
Bureau of Immigration
- additional requirement of repatriated citizens when running for public
office, personal sworn renunciation of any and all foreign citizenship
before or simultaneous with filing of certificate of candidacy
- When what was lost is natural born citizenship, what is recovered is
also natural born citizenship (Bengzon vs Cruz)
- Effective date of repatriation is the date of application for repatriation
Res Judicata in Citizenship Cases
- General Rule: the principle of res judicata generally does not apply in
cases hinging on the issue of citizenship
- Exception:
(1) Persons citizenship is the material issue
(2) Solicitor General or authorized representative took active part
(3) Finding of citizenship affired by the SC
Art. VII Executive Department
Sec. 18
The President shall be the commander-in-chief of all the Armed Forces of the
Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law. Within forty-eight
hours fro mthe proclamation of martial law or the suspension of the privilege of
the write of habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at least a
majority of all its members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined
by the Congress, if the invasion or rebellion shall persist and public safety
requires it.
1
Stevenson S. Yu, XU Law, 1st Semester 2017-2018
The Congress, if not in session, shall, within twenty-four hours following such
procalamation or suspension, convene in accordance with its rules without
need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the extension thereof and must
promulgate its decision thereon within thirty days from its filing.
A State of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or
detained shall be judicially charged within three days, otherwise he shall be
released.
Art. VIII Judicial Department
Sec. 1
The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Sec. 5(2)
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issues.
ConstiRev Notes (Judge Escobido)
(d) All criminal cases in which the penalty imposed is reclusion perpetua
or higher.
(e) All cases in which only an error or question of law is involved.
Judicial Power
- Art. 8, Sec. 1
- Right to determine actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction
- The authority to settle justiciable controversies or disputes involving
rights that are enforceable and demandable before the courts of justice
or the redress of wrongs for violation of such rights
Moot and Academic
- ceases to present a justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of no practical use or
value
Exceptions to Moot and Academic
(1) There is grave violation of the Constitution
(2) Exceptional character of the situation and the paramount public
interest is involved
(3) When the constitutional issue raised requires formulation of controlling
principles to guide the bench, the bar, and the public
(4) The case is capable of repetition yet evading review
Grave abuse of discretion
- such capricious and whimsical exercise of judgment as is equivalent to
lack of jurisdiction
- patent and gross as to amount to an evasion of positive duty or a
virtual refusal to perform a duty enjoined by law, or to act at all in
contemplation of law, as where the power is exercised in an arbitrary
and despotic manner by reason of passion or hostility
Doctrine of operative fact
- unconstitutional act may be a source of rights and duties
Judicial Review
- power to declare a law, treaty, intenational or executive agreement,
presidential decree, proclamation, order, instruction, ordinance, or
regulations unconstitutional.
Requisites of Judicial Review
(1) actual case or controversy
2
Stevenson S. Yu, XU Law, 1st Semester 2017-2018
(2) legal standing
(3) question of constitutionality must be raised at the earliest opportune
time
(4) issue of constitutionality must be the very lis mota of the case
Actual case or controversy
- question before it must be ripe for adjudication
- governmental act being challenged must have had an adverse effect
on the person challenging it
Exceptions to actual case or controversy
- lack of clarity may be creating a great confusion detrimental to public
order
Legal standing
- a personal and substantial interest in the case such that he has
sustained, or will sustain, direct injury as a result of its enforcement
Requisites of legal standing
(1) personally suffered some actual or threatened injury as a result of the
allegedly illegal conduct of government
(2) injury is fairly traceable to the challenged action
(3) injury is likely to be redressed by a favorable action
Exception to legal standing
- transcendental interest to the public
- transcendental importance
Taxpayer suit
- a taxpayer is deemed to have the standing to raise a constitutional
issue when it is established that public funds have been disbursed in
alleged contravention of the law or the Constitution
- (1) sufficient interest in preventing illegal expenditure of money raised
by taxation; (2) will sustain a direct injury as a result of the enforcement
of the questioned statute
Political Questions
- those questions which, under the Constitution, are to be decided by the
people in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the legislative or
executive branch of the government
Art. XI Accountability of Public Officers
ConstiRev Notes (Judge Escobido)
Sec. 1
Public office is a public trust, public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
Sec. 2
The president, the vice-president, the members if the Supreme Court, the
members of the Constitutional Commissions and the Ombudsman may be
removed from office on impeachment for, and conviction of, culpable violation
of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.
Art. XIV Education, Science and Technology, Arts, Culture, and Sports
Sec. 6
The national language of the Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of existing Philippine and other
languages.
Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a
medium of official communication and as language of instruction in the
educational system.
Sec. 7
For purposes of communication and instruction, the official languages of the
Philipines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxillary official languages in the regions and
shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Art. XVII Amendments or Revisions
Sec. 1
Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its members; or
(2) A Constitutional Convention
Sec. 2
Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of the
total number of registered voters, of which every legislative district must be
3
Stevenson S. Yu, XU Law, 1st Semester 2017-2018 ConstiRev Notes (Judge Escobido)
represented by at least three per centum of the registered voters therein. No Art. III Bill of Rights
amendment under this section shall be authorized within five years following
the retification of this Constitution nore oftener than once every five years Sec. 1
thereafter. No person shall be deprived of life, liberty or property without due process of
The Congress shall provide for the implementation of the exercise of this right. law, nor shall any person be denied the equal protection of the laws.

Sec. 3 Sec. 2
The Congress may, by a vote of two-thirds of all its members, call a The right of the people to be secure in their persons, houses, papers, and
constitutional convention, or by a majority vote of all its members, submit to the effects against unreasonable searches and seizures of whatever nature and for
electorate the question of calling such convention. 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
Sec. 4 judge after examination under oath or affirmation of the complainant and the
Any amendment to, or revision of, this Constitution under Section 1 hereof shall witnesses he may produce, and particularly describing the place to be
be valid when ratified by a majority of the votes cast in a plebiscite which shall searched and the persons or things to be seized.
be held not earlier than sixty days nor later than ninety days after the approval
of such amendment or revision. Inherent powers of the State
Any amendment under Section 2 hereof shall be valid when ratified by a - police power
majority of the votes cast in a plebiscite which shall be held not earlier than - eminent domain
sixty days nor later than ninety days after the certification by the Commission - taxation
on Elections of the sufficiency of the petition.
Police Power
Contituent Power - that inherent and plenary power in the State which enables it to prohibit
- power to formulate a constitution or to propose amendments to or all that is hurtful to the comfort, safety, and welfare of society.
revision of the Constitution and to ratify such proposal
- exercised by Congrress, by a Constitutional Convention or Substantive Due Process
Commission, by the people through intiative and referendum, and - prohibition of arbitrary laws
ultimately by the sovereign electorate
- does not need approval of the Chief Executive Requisites of Substantive Due Process
(1) public interest requires interference
Amendment vs Revision (2) means reasonably necessary to accomplish purpose and not unduly
- Both amendment and revision signify change in the constitutional text. oppressive upon individuals
- An amendment envisages an alteration of one or a few specific and
isolated provisions of the constitution. Its guiding original intention is to Procedural Due Process
improve specific parts or to add new provisions or to suppress existing - mode of procedure which government agencies must follow in the
ones according as addition or subtraction might be demanded by enforcement and application of laws
existing conditions. - guarantees procedural fairness
- In revision, the guiding intention and plan contemplate a re- - a law which hears before it condemns
examination of the entire document or an important cluster of
provisions in the document to determine how and to what extent it Requisites of procedural due process in courts
should be altered. The end product of a revision can be an important (1) court with jurisdiction
structural change in the government or a change which affect several (2) jurisdiction over the subject matter
provisions of the Constitution. (3) opportunity to be heard
(4) judgment rendered upon lawful hearing

4
Stevenson S. Yu, XU Law, 1st Semester 2017-2018 ConstiRev Notes (Judge Escobido)
(3) Search of a moving vehicle
Requisites of procedural due process in administrative cases (4) Consented warrantless seach
(1) notice (5) Customs search
(2) opportunity to be heard (6) Stop and Frisk
(3) court with competent jurisdiction (7) Exigent and Emergency Circumstances
(4) finding supported by substantial evidence
Valid Warrantless Arrest
substantial evidence (1) in flagrante delicto the person to be arrested has committed, is
- such relevant evidence as a reasonable mind might accept as actually committing, or attempting to commit an offense
adequate to support a conclusion (2) when an offense has in fact been committed, and he has personal
knowledge of facts indicating that the person to be arrested has
Equal Protection committed it
- each individual is dealth with as an equal person in the law (3) prisoner who escaped

Valid Classification
(1) must rest on substantial distinctions
(2) must be germane to the purpose of the law
(3) must not be limited to existing conditions only
(4) must apply equally to all members of he same class

Requisites of a Valid Warrant

(1) probable cause
(2) determined personally by judge
(3) judge must examine under oath or affirmation the complainant and the
witnesses he may produce
(4) warrant must particularly describe the place to be searched and the
person or things to be seized

Probable Cause
- such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed by the
person sought to be arrested (warrant of arrest)
- such facts and circumstances which would lead a reasonably discreet
and prudent man to beleie that an offense has been committed and
that the objects sought in connection with the offense are in the place
sought to be searched (search warrant)

Valid Warrantless Search and Seizure

(1) incidental to lawful arrest a. the item to be searched was within the
arrestees custody or area of immediate control; b. the search was
contemporaneous with the arrest
(2) Plain View a. prior valid intrusion; b. inadvertently discovered; c.
illegality immediately apparent; d. noticed without further search