Consti 1 Assignments

Foundation University
College of Law and Jurisprudence
Submitted by: Karl T. Credo

Submitted to: ATTY RICHARD PINILI
Assignment 1
1. Republicanism- The government is headed by a representative or leaders

who are chosen or elected by the qualified voters in the country. These
leaders or representative are regarded as servants of the people. They are
elected by majority of the people to lead and govern the government for
the common observance, benefits, and interests of the country. This is also
to avoid the monopoly of powers in the government.
2. Government of the Republic of the Philippines- the Republic of the

Philippines is composed of three branches of the government, the
executive branch, legislative branch, and the judicial branch. Each
branches do have separate functions and duties. The powers and the
functions of the government are exercised to the whole nation of the
Philippines. Which includes it’s regions, provinces, cities/municipalities,
and barangay subdivisions. It is composed of the national government and
the local government.
3. Fundamental Powers of the State are the POLICE POWER, POWER OF
IMMINENT DOMAIN, and POWER OF TAXATION. The Police Power is
the power of the state to make laws for the betterment and general welfare
of their inhabitants. While, the Power of Imminent Domain is taking a
private property for a public use with just compensation to the owner. And
the Power of Taxation is to enforced proportional contributions from the
people or property to support the government to deliver quality service to
the inhabitants they served. This is also to boost the economy of the
country.
4. Principles of Separation of Powers- this is a type of government model

that divides the government into three separate branches. These are the
Legislative, Executive, and Judicial branch. Each branch of the
government do have separate powers, functions, and responsibilities. And
each branch should not influence the other or should not interfere with its
constitutional mandate decisions. They work separately but the only
common goal of these branches is, public service. To prevent the
monopoly of power.
5. System of Checks and Balances- applied in a constitutional government

like the Philippines. This modify the separation of powers of the three
branches of the government. Each branch also perform acts that would
check the other branch to prevent monopoly of power, and the abuse of
power.
6. Principle of blending of Powers- This is a sharing of separate powers of

each branch in the government. The other branch helps and coordinates
with the other to make and exercise a particular power and responsibility of
the other branch. Also to strengthen the ties. This is also, very important to
justify decisions of the other branch and to avoid abusive government,
corrupt officials, irregularities, unconstitutional laws, proper budgeting, just
treaties or executive agreements, and to approve specific decisions of the
other branch to prioritize the common interests of the people.
7. Delegation of Power- under the legal maxim of, “potestas delegate non
delegari potest” which means that, what has been delegated cannot further
be delegated, which means once the particular power has been vested
already, it cannot be given to others. It will stay to the delegated authority.
Assignment Number 4
1. The Philippines entered a bilateral agreement with the US. While the
agreement was still in progress, Congress sought copies of the agreement, all its
attachments and annexes. The executive department refused to comply.
Congress filed a petition in court to compel the executive branch to release to
them the documents requested. COMMENT.
= The President has the executive privilege to withhold some types of information
from the courts, the Congress of the Philippines, and the general public as a
whole. One of the types of information covered by this kind of privilege is the
information between inter-government agencies prior to the conclusion of the
treaties and executive agreements. This is with respect to the confidential nature
of these agreements. Therefore, the Congress cannot compel or force the
President to release information to the bilateral agreement with US.
2. Is the right to bear firearms a constitutional right?
=The right to bear firearms in the Philippines is not a constitutional rights but it is
a statutory privilege, since the statute gives the people the privilege to own or
possess firearm. The owner of the firearm should secure a regular license,
special permit, and certificate of registration.
3. ABC filed an application with NTC for a certificate of public convenience

and necessity to construct and maintain a cellular mobile phone system. NTC
granted the application provided ABC and GLOBE shall enter into an
interconnection agreement. PLDT refused to comply. COMMENT.
=Under, DOTC Circular No. 90-248 of Section 5, which says, “That in the event
the authority to operate said service be granted to other applicants, other than
the franchise operator shall be under obligation to enter into an agreement with
the domestic telephone network, under an interconnection agreement.” The
PLDT should comply and cooperate with the ABC to enter into an interconnection
agreement as there application was granted by NTC.
4. Congress enacted R.A. 2020 legalizing tong-its. Dumaguete City, however,

passed an ordinance prohibiting the operation of tong-its within its territorial
jurisdiction. Juan, engaged in the business of tong-its filed a case in court
assailing the validity of the ordinance. In its answer, the City of Dumaguete
claimed that they are empowered to do so under R.A. 7160, the Local
Government Code. COMMENT.
=The City Ordinance issued by the City of Dumaguete should be considered as

null and void. Because it contradict to a statute or national law enacted by
Congress. Therefore, the RA2020 should apply and be enforced in the City of
Dumaguete.
Assignment number 5
1. Discuss the origin of Philippine Citizenship from the Spanish time to the
present.
=During Spanish time, you can acquire Filipino citizenship when, at least one
parent is and inhabitant or residing in the Philippines. On 1935, the person born
on or before the effectivity of 1935 Constitution in which the Father should be a
Filipino. Those person who was born on or before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the age of majority. And
those person who were born at the time of the adoption of 1987 Constitution can
be a Filipino citizen. And naturalized citizens, those who were originally citizens
of another country, but acquired new citizenship which in consonance to the law.
2. Is Fernando Poe Jr (FPJ) a Filipino citizen?
=Yes, Fernando Poe Jr is a Filipino citizen, based on the documents exhibited

before the COMELEC and Supreme Court, which provided his proof that he is a
natural born Filipino citizen. These legal papers are in support for their claim that
he’s Father is a Filipino and his parents were married on 1940 in Manila. Which
was later in favored by no other than the Supreme Court and dismissed the
petition filed after. Therefore, Fernando Poe is a Filipino Citizen.
3. "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." FPJ was born to Allan Poe and Bessie Kelly, an American. He was
born in 1939. His parents married in 1940. Is he a natural-born Filipino?
=Yes, FPJ was a natural born Filipino because as defined in the Constitution,
“Natural born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their citizenship.” And FPJ
did not performed or applied for naturalization be acquire Filipino citizenship.
4. "Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority." Why is it that the
quoted provision requires only children of Filipino mothers?
=Children of Filipino mothers who were born on or before January 17, 1973
should be Filipino citizen from birth because the citizenship of the mother does
not lose by her marriage to an alien.
5. Enumerate the public offices which requires natural-born Philippine

Citizenship.
=According to our present Constitution, “No person should be elected President,
Vice-President, members of Congress, appointed member of the Supreme Court
or any lower collegiate court, or any member of any Constitutional Commissions,
or of Central Monetary Authority, or his deputy unless he is natural born citizen of
the Philippines.”
6. What are the 3 ways by which an alien may become a citizen of the
Philippines by naturalization? Briefly explain each.
=According to Article V of the Constitution, there are three ways to which an alien
can acquire citizenship by naturalization. First, by judgment of the court, an alien
must apply for naturalization of Filipino citizenship to the Regional Trial Court
(RTC). The alien should not disqualify the necessary qualifications provided by
law which is the Revised Naturalization Act. Second, is by direct act of Congress,
the law makers may enact directly conferring citizenship of an alien, through
passage a statute, intended to make the alien be naturalized Filipino citizen.
Lastly, is by administrative proceedings, under RA No 9139 known as
Administrative Naturalization Law, aliens born and residing in the Philippines may
be granted Philippine citizenship by administrative proceeding before a Special
Committee on Naturalization, subject to certain requirements dictated by national
security and interest. The applicant for Filipino citizenship should qualify to the
qualifications provided by law. The Committee will hereby decide on applications
for naturalization, whether to approve, deny or reject.
7. How Philippine citizenship may be lost?
=A Filipino may lose his citizenship stated by the Constitution into two different
ways. First is voluntary, this is done by a Filipino who becomes naturalized
citizen in other foreign country. By expressing voluntary renunciation of
citizenship, subscribing to and oath of allegiance to other foreign country and by
rendering service in the armed forces of a foreign country which does not include
to some exemptions. And the Second way of losing citizenship is though
involuntary which includes, by cancellation of his certificate if naturalization by
court or by having been declared by competent authority of a deserter in the
Philippine armed forces in time of war.
8. State the salient features of R.A. 9225, Retention and Reacquisition of

Philippine Citizenship, and R.A. 8171, on repatriation.
=The Republic Act No 9225, the Citizenship Retention and Re-Acquisition Act of
2003, declares it that the policy of the State that all Philippine citizens who
become citizens of another country shall be deemed not to have lost their
Philippine citizenship. While on RA 8171 is that all Filipino women who have lost
their Philippine citizenship by marriage to aliens and natural-born Filipinos who
have lost their Philippine citizenship, including the minor children, on account of
political or economic necessity, may reacquire Philippine citizenship through
repatriation. These laws, gives every Filipino citizen who lost their Filipino
citizenship to reacquire and still enjoy the full civil and political rights.
9. Is a dual citizen disqualified to hold public elective office in the

Philippines?
=Having dual citizenship may be constitutionally prohibited by law to a person,

who wish to hold an elective office in the Philippines. Because as a public
servant, they should serve the Filipino people with utmost loyalty to the
Constitution and act with patriotism under the Philippine flag.

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Foundation University

College of Law and Jurisprudence

Submitted by: Karl T. Credo

1. Republicanism- The government is headed by a representative or leaders

2. Government of the Republic of the Philippines- the Republic of the

4. Principles of Separation of Powers- this is a type of government model

5. System of Checks and Balances- applied in a constitutional government

6. Principle of blending of Powers- This is a sharing of separate powers of

3. ABC filed an application with NTC for a certificate of public convenience

4. Congress enacted R.A. 2020 legalizing tong-its. Dumaguete City, however,

=The City Ordinance issued by the City of Dumaguete should be considered as

2. Is Fernando Poe Jr (FPJ) a Filipino citizen?

=Yes, Fernando Poe Jr is a Filipino citizen, based on the documents exhibited

5. Enumerate the public offices which requires natural-born Philippine

8. State the salient features of R.A. 9225, Retention and Reacquisition of

9. Is a dual citizen disqualified to hold public elective office in the

=Having dual citizenship may be constitutionally prohibited by law to a person,

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