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SUMMARY

OF
REPORTS

GROUP 1
CLUSTER 4

Article IV
Citizenship
IN THE REPORT OF CLUSTER 4 GROUP 1. IS ABOUT ARTICLE IV
CITIZENSHIP. THE TERM CITIZEN MEANS A PERSON HAVING TITLE OF
CITIZENSHIP. RIGHT TO VOTE, ENTITLED TO LIVE PERMANENT, ABLE TO
WORK, AND HAS ACCESS TO GOVERNMENT-OFFERED PUBLIC BENEFITS.
THESE ARE JUST THE FEW THINGS THAT YOU CAN ENJOY IF YOU ARE A
CITIZEN IN A COUNTRY, TO ENJOYS FULL CIVIL AND POLITICAL RIGHTS.

CITIZENS OF THE PHILIPPINES ACCORDING TO ARTICLE IV

SECTION I

1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE TIME OF THE


ADOPTION OF THIS CONSTITUTION.
-PEOPLE WHO ARE PRESENT IN THE PHILIPPINES DURING THE
ADOPTION OF THE CONSTITUTION IS A FILIPINO CITIZEN.

2. THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF THE


PHILIPPINES.
-CHILD WHO’S PARENT IS A FILIPINO IS CONSIDERED AS FILIPINO.
THIS IS BASED ON THE JUS SANGUINIS PRINCIPLE.

THE PHILIPPINES CITIZENSHIP IS BASE UPON ON THE


PRINCIPLES IN ACQUIRING CITIZENSHIP,

JUS SANGUINIS THEREFORE DESCENT FROM A PARENT WHO


IS A CITIZEN OR NATIONAL OF THE REPUBLIC OF THE
PHILIPPINES IS THE PRIMARY METHOD OF ACQUIRING
PHILIPPINE CITIZENSHIP.
THIS IS CONTRASTED WITH THE LEGAL PRINCIPLE OF JUS
SOLI WHERE BEING BORN ON THE SOIL OF A COUNTRY, EVEN
TO FOREIGN PARENTS, GRANTS ONE CITIZENSHIP.

IN OTHER WORD JUS SANGUINIS IS A PRINCIPLE WHICH


TALKS ABOUT THE PARENTS OF A CHILD. IF THE PARENT/S OF
A CHILD IS A FILIPINO HE IS CONSIDERED AS FILIPINO. IN
SHORT IT IS BASE ON BLOOD RELATIONSHIP. AND THE OTHER
IS JUS SOLI/LOCI WHICH IS A PRINCIPLE WHICH TENDS TO
DETERMINE A CHILD’S CITIZENSHIP BY REFERRING TO
CHILD’S BIRTH PLACE. EXAMPLE IN AMERICA, WHEN A
FILIPINO GOT A CHILD IN AMERICA, HIS CHILD IS
CONSIDERED TO BE AN AMERICAN CITIZEN, IN SHORT IT’S
BASE ON PLACE OF BIRTH. THIS IS NOT BEING PRACTICED IN
THE PHILIPPINES.

3. THOSE BORN BEFORE JANUARY 17, 1973, OF FILIPINO MOTHERS, WHO


ELECT PHILIPPINE CITIZENSHIP UPON REACHING THE AGE OF
MAJORITY.
a. TO CLEAN UP THE MESS OF THE 1935 CONSTITUTION WHICH SAY
THAT IF A FILIPINA MARRIED A FOREIGNER HER CHILD IS NOT A
FILIPINO, THIS SUB PARAGRAPH WAS MADE. THIS STATE THAT
ANYONE BORN BEFORE JANUARY 17, 1973 OF FILIPINO MOTHER
IS A FILIPINO.

4. THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH LAW.


a. THIS NATURALIZATION PROCESS CAN BE GIVEN BY JUDICIAL,
ADMINISTRATIVE PROCESS OR BY THE ACT OF THE CONGRESS
THRU REPUBLIC ACT.
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 CITIZEN.

MENTIONED IN THE REPORT, IS THE KINDS OF CITIZEN OR AS I SAY,


ACQUIRING CITIZENSHIP MENTIONED THERE IS  THE INVOLUNTARY OR
THE NATURAL BORN CITIZEN WHICH MEANS CITIZENSHIP BY BIRTH
AND THE OTHER ONE IS VOLUNTARY OR NATURALIZED CITIZEN THEY
ACQUIRE CITIZENSHIP BY APPLYING OR NATURALIZATION.
NATURALIZATION IS A PROCESS BY WHICH A FOREIGNER IS ADOPTED
AND CLOTHED WITH THE PRIVILEGES OF A CITIZEN THROUGH
QUALIFICATIONS BASED ON THE FOLLOWING LAWS.

a. REPUBLIC ACT 9139, ADMINISTRATIVE NATURALIZATION LAW


AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE
CITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTRATIVE
NATURALIZATION. WRITTEN IN SECTION 3. ARE THE
QUALIFICATIONS OF SUBJECT TO THE PROVISIONS OF THE
SUCCEEDING SECTION SUCH AS, THE APPLICANT MUST BE BORN IN
THE PHILIPPINES AND RESIDING THEREIN SINCE BIRTH

b. COMMONWEALTH 473, REVISED NATURALIZATION LAW


AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE
CITIZENSHIP BY NATURALIZATION.
WRITTEN IN SECTION 2. ARE THE QUALIFICATIONS OF SUBJECT TO
THE PROVISIONS OF THE SUCCEEDING SECTION, THE OTHER IS
SECTION 3. SPECIAL QUALIFICATIONS, EITHER BORN IN OR
OUTSIDE OF THE PHILIPPINES, PROVIDED THAT THEY COMPLY
WITH THE MINIMUM 10 YEARS RESIDENCY

c. REPUBLIC ACT 10356 & 10148, LEGISLATIVE NATURALIZATION


- GRANTED FOR WHO HAVE RENDERED OUTSTANDING SERVICE
AND SIGNIFICANTLY CONTRIBUTED TO THE DEVELOPMENT
OF THE COUNTRY AND OF THE FILIPINO PEOPLE

SECTION 3.

PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED IN THE


MANNER PROVIDED BY LAW.

A FILIPINO MAY LOSE HIS CITIZENSHIP:


VOLUNTARILY
- BY NATURALIZATION IN A FOREIGN COUNTRY
- BY EXPRESS RENUNCIATION OF CITIZENSHIP
- BY SUBSCRIBING TO AN OATH OF ALLEGIANCE TO SUPPORT THE
CONSTITUTION AND LAWS OF A FOREIGN COUNTRY
- BY RENDERING SERVICE TO OR ACCEPTING COMMISSION IN
ARMED FORCES IN TIME OF WAR

EXPATRIATION
– THE VOLUNTARILY LOSS OR RENUNCIATION OF ONE’S
NATIONALITY (NOT IN TIME OF WAR)

REPATRIATION
– IS AFFECTED BY MERELY TAKING THE NECESSARY OATH OF
ALLEGIANCE TO THE REPUBLIC OF THE PHILIPPINES

REACQUISITION OF LAST PHILIPPINE CITIZENSHIP

- BY NATURALIZATION

- BY REPATRIATION OF DESERTERS OF THE PHILIPPINES ARMED


FORCES AND WOMEN WHO LOST THEIR CITIZENSHIP BY REASON OF
MARRIAGE
- BY DIRECT ACT OF CONGRESS

SECTION 4.
CITIZEN 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 CITIZEN IS INIMICAL TO THE NATIONAL
INTEREST AND SHALL BE DEALT WITH BY LAW.
- In the Philippine constitution, having a dual Citizenship is allowed but having a
dual allegiance of citizenship is prohibited for a fact that he might betray the
Philippines.

MENTIONED AS WELL IN THE REPORT ARE THE PRIVILEGES OF


CITIZENS:

RIGHT OF SUFFRAGE

2. RIGHT TO HOLD PUBLIC OFFICE – FOR NATURAL BORN CITIZEN

3. RIGHT TO HOLD LAND OF PUBLIC DOMAIN

4. RIGHT TO EXPLOIT NATURAL RESOURCES


5. RIGHT TO OPERATE PUBLIC UTILITIES
SUMMARY
OF
REPORTS

GROUP 4
CLUSTER 1

Concept of State, Nation and Government


In the report of group 4 cluster. They discuss about the Concept of State,
Nation and Government. First is the state. According in the report, the
definition of state is a community of persons, permanently occupying a
definite part of territory, having a government of their own to which a great
body of inhabitants render habitual obedience and enjoying freedom from
external control. State comes from the Latin word "status", means ”condition"
Mentioned in the report are the elements of the state
1. People – refers to the mass of population living within the state. Without
people there can be no functionaries to govern and no subject to govern.

2. Territory – demarcated area that rightly belongs to the population. it


includes not only the land over which the jurisdiction of the state
extends, but also the rivers and lakes therein, a certain are of the sea
which abuts upon it’s coasts and the airspace above it. Thus, the domain
of the state may be describe as

 terrestrial domain (land mass)


 fluvial and maritime domain (inland and external waters)
 aerial domain (air space above the land and water).

3. Government – refers to the agency to which the will of the state is


formulated, also refer to the person or aggregate of those person in
whose hands are placed for the time being the function of political
control. expressed and carried out. The mandate of government is to
promote the welfare of the people.

4. Sovereignty – may be defined as the supreme power of state to


command and enforce obedience to its will from the people within its
jurisdiction and corollary to have freedom from foreign control.
Two manifestation
 Internal Sovereignty – power of the state to rule within its
territory
 External Sovereignty – the freedom of the state to carry out
its activities without subjection to control by other states

Next is nation.the definition of a Nation is a community of a person living


together bounded by common traits, tradition, values, and possesses a
common goal and destiny. From the Latin word, ”natio” means ”set of
people” .
the difference between state and nation is that, The state is a political concept
while a nation is an ethnic concept. Adding to it a state is not a subject to
external control while a nation may or may not be independent of external
control. And a single state may consist of one or more nations or people and
conversely, a single nation may be made up of several states.

And lastly the government


The definition of government, The Government is the agency that carries out
the will of the people. Its main objective is to protect the people from both
external and internal harm. The Government promotes the people’s desire to
live in harmony among themselves and to those in other states. The
Government may either be democratic or autocratic.
Forms of government
1) Democratic Government
Based on a form of government in which the people choose leaders by
voting, or relating to democracy.
2) Autocratic Government
An autocratic system of government is that the one whose power and
control lodge is in the monarch. Like that in Kingdom of Saudi Arabia, or a
party like that of the People’s Republic of China.
the difference between state and government is that they are usually regarded
as identical. As ordinarily, the acts of the government are the acts of the states.
Further more a state cannot exist without a government, but it is possible to
have a government without a state.A government may change, but the state, as
long as its essential elements are present, remains the same.
also addition to in the topic is Inherent Powers of the State. The inherent
power of the state are the following.
a. Police Power
It is the power to prescribe regulations to promote the health, morals,
education, good order, safety, or the general welfare of the people. The most
demanding among the three inherent powers because it affects both the
person’s liberty as well as its property. It is a growing and expanding power.
b. Power of Eminent Domain
This refers to the power of the government to take private property for
public use, upon payment of just compensation.
c. Power of Taxation
It is the power of the state to impose charges upon persons, property,
occupation and others as may be defined by law in order to defray government
expenses.
SUMMARY
OF
REPORTS

GROUP 2
CLUSTER 5

THE 1987 CONSTITUTION OF THE REPUBLIC


OF THE PHILIPPINES – ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
In this topic it discusses the established means and governmental offices to
know more the accountability of public officers.

Section 1
Public office is the right, authority, and duty created and conferred by law by
which a given period either fixed by law or enduring at the pleasure of the
appointing power.is the right, authority, and duty created and conferred by law
by which a given period either fixed by law or enduring at the pleasure of the
appointing power. Public office is a public trust, and as such, the same is
governed by law, and cannot be made the subject of personal promises or
negotiations by private.

Public officers must at all times be accountable to the people serve them with
utmoat responsibility, integrity, loyalty and efficiency.

In Section 2.are the impeachable officers


(The list is exclusive)
1. President
2. Vice-President
3. Members of the Constitutional Commission
4. Justices of the Supreme Court
5. Ombudsman

Justices of the Sandiganbayan cannot be removed by impeachment.

Impeachment of President - the Chief Justice of the Supreme Court will


preside; the Senate/HOR will prosecute

The members of public officers may be removed or impeached for

1. violation of the constitution


2. Treason
3. Bribery
4. Betrayal of public trust
5. Graft and corruption
6. Other high crimes
Others may be removed as provided by law , not impeachment

Section 3. is a Procedure in Impeachment. In the Initiation the House of


Representatives shall have the exclusive power to initiate all cases of
impeachment. These are the steps or process on an Impeachment Trial:
1. Filling of an Impeachment complain from the House of
Representatives.
2. A required vote f 1/3 of the Member of House.
3. Impeachment Trial in the Senate.
4. 2/3 vote of the senators to decide the faith of the one being
impeached.

Section 4 . The present anti graft court known as the SANDIGANBAYAN


shall continue to function and exercise its jurisdiction as now or hereafter may
be provided by law

Section 5 – section 14

The Ombudsman (Office of the Special Prosecutor)


 known as the “Tanod bayan”
 serves as the WATCHDOG of the Government Offices and Agencies.
 one overall deputy and at least one deputy each for Luzon Visayas and
Mindanao.
 A separate deputy for the military establishment likewise be appointed

Composition of the Ombudsman


 One Over-all Deputy Ombudsman
 One Deputy Ombudsman for the 3 Major Islands in the Philippines
(Luzon, Visayas, Mindanao)
 One Deputy Ombudsman on the AFP and law enforcing Agency.

Ombudsman Personnel Appointment and Term of Office. A list of at least 6


candidates should be passed by the Judicial and Bar Council to the President.
Confirmation of the Commission on Appointment is not needed.

Qualifications:
 Natural Born Citizen of the Philippines
 Must be 40 years old on the time of their appointment
 Must be member of Philippine Bar
 Must have a recognized probity and independence

Term of Office – seven years without reappointment in the Ombudsman.

During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.

Power of the Ombudsman


 Investigate- made an investigation on a certain complain against a
Government Officials
 Prosecute- suggest a solution to the complain

The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

In SECTION 15. Is The right of the State to recover properties unlawfully


acquired by public officials or employees, from them or from their nominees
or transferees, shall not be barred by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for


any business purpose may be granted, directly or indirectly, by any
government-owned or controlled bank or financial institution to the:
 President
 Vice-President
 Members of the Cabinet
 Congress,
 Supreme Court
 Constitutional Commissions
 Ombudsman
or to any firm or entity in which they have controlling interest, during their
tenure.
SECTION 17. A public officer or employee shall, upon assumption of office
and as often thereafter as may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth.

SECTION 18. Public officers and employees owe the State and this
Constitution allegiance at all times, and any public officer or employee who
seeks to change his citizenship or acquire the status of an immigrant of
another country during his tenure shall be dealt with by law.
SUMMARY
OF
REPORTS

GROUP 5
CLUSTER 3

BILL OF RIGHTS
ARTICLE III, SECTIONS
In this topic, bill of rights article III Rights means enumeration of person’s
rights and privileges as an individual guaranteed under the constitution.

section 1
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.
RIGHT TO DUE PROCESS AND EQUAL PROTECTION OF THE LAWS
• Deprivation of Life, Liberty, and Property
• Due Process of Law
• Equal Protection of the Law

Section 2 right against unreasonable seizure

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

no search warrant or warrant of arrest shall issue except upon probable


cause.search warrant or warrant of arrest is to be determined personally by the
judge after examination under oath or affirmation of the complainant and the
witnesses

Section 3 every person has the right to keep his communication or


correspondence a secret.
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 will be inadmissible for any purpose in any proceeding.

Section 4. freedom of speech. Right to a free press, freedom of assembly, the


right of petition.

Section 5. freedom of religion. No law shall be made respecting an


establishment of religion, or prohibiting the free exercise thereof.
Section 6. the liberty of adobe and right to travel.

Section 7. The right of the people to information on matters of public concern


shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
Section 8 right to form association for purposes not contrary to law shall not
be abridged.

Section 9. The right to just compensate. Private property shall not be taken for
public use without just compensation.

Section 10. Non impairment clause. No law impairing the obligation of


contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.

Section 12. Right of person uner custodial investigation


 Any person under investigation for the commission of an offense shall have

1. Right to remain silent


2. Right to counsel. If the person cannot afford the services of counsel,
he must be provided with one
3. Rights to be informed of such rights

These rights cannot be waived except in writing and in the presence of


counsel.

 any other means which vitiate the free will shall not be used against him.
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 and against excessive bail.


Bail is a mode short of confinement which would, with reasonable certainty,
insure the attendance of the accused”.
Bail is not warranted if the offense is punishable by reclusion perpetua. when
evidence of guilt is strong. 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.

“no person shall be convicted unless the presecution has proved him guilty
beyond reasonable doubt”

Right to be Heard includes:


1. Right to counsel
2. Right of confrontation

Section 14. rights of the accused


 Right to due process of law in criminal cases
 Innocent until proven guilty
 The right to confront one’s accuser
 Basis for trials in absentia

Section 15 writ habeas corpus


writ habeas corpus is the requirement that an arrested person be brought
before a judge or court before being detained or imprisoned.The privilege of
the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Section 16 All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

ARREST AND MIRANDA RIGHTS


“Anything you can say and will be used against you in the court of law”

Section 17 No person shall be compelled to be a witness against himself.


Right against Self- Incrimination
A person may incriminate himself/herself by:
a. Testimony
b. Private books
c. Private letters

Section 18 the right to political beliefs and aspiration


 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.

Involuntary servitude exist as a punishments as a forced labor.


NSTP, ROTC, CWTS are not grounds for involuntary servitude, instead these
are faculties of the state that the citizens that incurred of as duties and
responsibilities.

Section 19 the prohibition against cruel, degrading or inhuman punishment


The constitution explicity forbids the imposition of the the death penalty.Any
death penalty already imposed shall be reduced to reclusion perpetua.

Section 20 non-imprisonment for debts


No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21 The right against double jeopardy


No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

Section 22 Legastive act which inflicts punishments without judicial trial.


No ex post facto law or bill of attainder shall be enacted.

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