NSTP PRELIMS INTRODUCTION ● 2002-2003 – ROTC became optional and

allowed students to choose from ROTC,

LTS, and CWTS
National Service Training Program (NSTP)
● refers to the program aimed at enhancing
HISTORY OF THE NSTP
civic consciousness and defense
preparedness in the youth Commonwealth Act No. 1
● 3 programs: Reserve Officers’ Training
● “National Defense Act”
Corps (ROTC), Civic Welfare Training
● required the college students, especially
Service (CWTS), Literacy Training Service
males, to finish 2 years (4 semesters) of
(LTS)
Military Training to be reserved cadets for
● helps them develop the ethics of service
national defense
and patriotism
● enhance the students’ participation in
P.D. 1706
nation-building
● “National Service Law”
● It made national service obligatory for all
Reserve Officers' Training Corps (ROTC)
Filipino Citizens
● refers to the program institutionalized under
● Specified 3 categories: Law Enforcement
Sections 38 and 39 of RA 7077,
Service (LES); Civic Welfare Service
● RA 7077 – “ Citizen Armed Force or the
(CWS); and Military Service (MS)
Armed Forces of the Philippines Reservist
Act of 1991”
Presidential Memorandum Order No. 1
● designed to provide military training to
● By President Corazon C. Aquino
tertiary level students in order to motivate,
● Suspension of National Service Law which
train, organize, and mobilize them for
is CWS and LES except Military Service
national defense preparedness.
(MS)
Civic Welfare Training Service (CWTS)
● refers to programs or activities
1986-1987
contributory to the general welfare and
the betterment of life for the members of the ● Effectivity of Basic Reserve Officer Training
community Corps (ROTC)
1991
CWTS Components ● IRR of Republic Act 7707- modified the
• Citizenship training Basic ROTC Course into the Expanded
ROTC Program
• Drug Education
• Disaster Risk Reduction and Management
1st curriculum year – military subject
• Environmental Protection
2nd curriculum year- can choose either MS,
• Other National Security Concern CWS, LES

National Service NSTP 3 COMPONENTS

● refers to any of the activities that may
contribute to the national security, ROTC
development and/or welfare ● institutionalized under Sections 38 and 39 of
● started - Commonwealth government RA 7077
● created a big impact particularly during ● designed to provide military training for
World War II national defense preparedness
● 3 areas: Law Enforcement Service (LES);
Civic Welfare Service (CWS); and Military
CWTS
Service (MS)
● designed to involve students actively in
activities contributory to the general welfare
R.A. 9163
● “NSTP LAW”- Sec. 12
LTS
● “National Service Training Program Act of
● designed to train students to teach literacy
2001”
and numeracy skills to school children,
● enacted in response to public clamor to
out-of-school youth, and other segments of
reform ROTC Program
society in need of such services
● affirm that the prime duty of the government
shall be to reserve and protect its citizen
NSTP-CWTS CORE VALUES Literacy Training Service (LTS)
● refers to the program designed to train the
1. Love of God students to become capable non-licensed
2. Human dignity instructors of functional literacy and
3. Discipline, truth, goodness, and social numeracy skills; to school children,
responsibility out-of-school youths,
4. Awareness, innovation, and creativity ● and other segments of society in need of
5. Respect, synergy, and professionalism their service;
6. Excellence and indigenous learning
7. Protection and conservation of the Civic Welfare Training Service (CWTS)
environment ● refers to programs/activities contributory to
8. Quality service delivery the general welfare and the betterment of
life for the members of the community;
IMPLEMENTING RULES AND REGULATIONS ● or the enhancement of its facilities,
OF THE NATIONAL SERVICE TRAINING especially those devoted to improving
PROGRAM health, education, etc.

RULE I: Guiding Principles ( What is the prime duty Reserve Officers' Training Corps (ROTC)
of the government to its citizen ) ● refers to the program institutionalized under
Sections 38 and 39 of RA 7077,
Sec 1: Responsibility of All Citizen ● otherwise known as the Citizen Armed
Force or the Armed Forces of the
● prime duty of the government - to serve Philippines Reservist Act of 1991,
and protect the people, the constitution ● designed to provide military training to
also provides that; tertiary level students in order to motivate,
train, organize, and mobilize them for
● it shall be the responsibility of all citizens - national defense preparedness;
to defend the security and promote the
general welfare of the state (A) Basic Reserve Officers' Training Corps
refers to the one (1) year ROTC training based
● In fulfillment thereof, the government may on the amendment by RA 9164, s-2002, of
require each citizen to render personal, Section 38 and 39 of RA 7077
military, or civil service.
(B) Advance Reserve Officers' Training Corps
( How does the government recognize the role of refers to the two (2) year training program after
the youth in nation building? ) the basic ROTC training, subject to the
provisions under Section 38 and 39 of RA 7077
Sec 2: Role of the Youth

In recognition of the vital role of the youth in Program Components - refers to the ROTC,
nation-building the State shall promote civic CWTS, LTS and other NSTP programs.
consciousness and defense preparedness
among them and shall develop their physical, Clustering - refers to the grouping of students
moral, spiritual, intellectual, and social well-being. enrolled at different schools and taking up the same
NSTP component into one (1) group.
It shall inculcate the ideals of patriotism,
nationalism, volunteerism, and advance their Cross Enrollment - refers to a system of
meaningful involvement in public and civic affairs. enrollment where a student is officially enrolled in
an academic program of an origin school but is
RULE II: Definition of Terms allowed to enroll in the NSTP component of another
school.
Sec 3: As used in this Implementing Rules and
Regulations (IRR), the following terms shall mean: Non-Government Organization (NGO) - refers to
any private organization duty accredited by CHED,
National Service Training Program (NSTP) TESDA and DND to formulate and administer
● refers to the program aimed at enhancing training modules for CWTS and LTS.
civic consciousness and defense
preparedness in the youth by developing National Service Reserve Corps Trainee - refers
the ethics of service and patriotism while to a student enrolled in the CWTS or LTS
undergoing training of three (3) program component;
components
National Service Reserve Corps (NSRC) - refers Sec 5: Program Components ( What are the
to an organization composed of graduates of Civic components of the NSTP? )
Welfare Training Service (CWTS) and Literacy
Training Service (LTS) components of the National Reserve Officers' Training Corps (ROTC)
Service Training Program (NSTP) as mandated by refers to the program component designed to
Republic Act 9163 (NSTP Act of 2001) provide military training to tertiary level
students in order to train them for national defense
Higher Educational Institutions (HEIs) - refers to preparedness;
universities colleges, and other educational
institutions offering higher educations; Civic Welfare Training Service (CWTS)
refers to programs/activities contributory to the
Local Universities and Colleges (LUCs) - refers general welfare and the betterment of life for the
to any public institution of higher learning members of the community;
established and managed by local government
units; Literacy Training Service (LTS)
refers to the program designed to train the
Private Higher Educational Institutions (PHEIs) - students to become capable non-licensed
refers to private colleges and other educational instructors of functional literacy and numeracy
institutions offering higher education; skills; to school children, out-of-school youths

RULE III: Program Implementation Sec 6: Duration and Equivalent Course Unit

( Who are required to complete one NSTP a. Each of the aforementioned NSTP components
component of their choice as a graduation shall be undertaken for an academic period of two
requirement? ) semesters. It shall be credited for three (3) units
per semester.
Sec 4: Coverage
b. A One (1) Summer Program (OSP) in lieu of the
a. All incoming first year level students of two (2) semester programs of ROTC, CWTS, and
any baccalaureate degree program or of at LTS shall be designed, formulated, and adopted by
least two (2) year technical-vocational the DND, CHED, and TESDA. However, it will be
programs shall be required to complete subjected to the capability of the school and the
one (1) of the NSTP components as a AFP.
graduation requirement (RA 9163)
What is the NSTP-ONe Summer Program
b. All higher and technical vocational (NSTP-OSP) ?
educational institutions must offer at least
one of the NSTP components. ● This is intended for graduating students in
baccalaureate or at least two-year
c. State Universities and Colleges (SUCs), technical-vocational or associate courses,
shall offer the ROTC component and at who have not yet comply with the NSTP as
least one other NSTP component. a requirement for graduation,

d. The Philippine Military Academy (PMA), ● as well as for students, who wish to be free
Philippine Merchant Marine Academy the NSTP activities during the regular
(PMMA), Philippine National Police semester, thus allow them to concentrate on
Academy (PNPA) and Maritime Academy the academic subjects and other
for Asia and the Pacific (MAAP) are co-curricular concerns.
exempted from the NSTP.
( How can clustering and cross-enrollment be
e. All Private Higher and technical-vocational done? )
education institutions with at least 350
ROTC cadets, must establish or maintain a Sec 7: Clustering and Cross-Enrollment
Department of Military Science and
Tactics (DMST), subject to existing rules a. Clustering of students from different education
and regulations of the Armed Forces of the institutions during semestral or summer periods
Philippines (AFP). may be done for the ROTC component, taking into
account the logistics, Branch of Service, and
geographic locations. The host school shall be
responsible for managing the Program.
b. NSTP students shall be allowed by the b. It shall provide for both lecture and practicum
concerned higher educational institutions to activities. NSTP Practicum activities shall be
cross-enroll in any CHED or TESDA recognized separate from the practicum requirements of other
institution. subjects/courses.

For schools that do not meet the required number c. The course syllabi shall clearly define the
of students to maintain the optional ROTC or any of objectives, contents, activities, requirements and
the NSTP components, students shall be allowed student evaluation system.
to cross-enroll to other schools,
d. Program coordinators and instructors/lecturer
regardless of whether the NSTP components in the shall be duly qualified in terms of training and
said schools are being administered by the same or experience, to handle their respective assignments.
another Branch of Service of the AFP, CHED, and
TESDA. RULE IV: FEES AND INCENTIVES

c. Cross-enrolling students shall be subject to the Sec 9: Fees

existing rules and regulations of the school of origin
and the accepting school. a. No fees shall be collected for any of the NSTP
components except basic tuition, which should not
Sec 8: Management, Monitoring, and Evaluation be more than fifty percent (50%) of the charges of
the school per academic unit.
a. The school authorities shall exercise academic
and administrative supervision over the design, Sec 10: Incentive, Insurance, and Protection
formulation, adoption, and implementation of the
different NSTP components in their respective a. A program of assistance/incentives for ROTC
schools. students shall be provided and administered by the
DND in accordance with existing laws and
b. In the case of ROTC, the school authorities and regulations and subject to the availability of funds.
the DND, through the AFP, subject to the policies,
regulations, and programs of the DND on the b. School authorities concerned, CHED, and
military component of the training, shall exercise TESDA shall ensure that health and accident
joint supervision over its implementation. group insurances are provided to the students
enrolled in any of the NSTP components.
c. Schools which have contracted
CHED-accredited or TESDA recognized NGOs to c. Schools that already provide health and accident
formulate or administer training modules for any of group insurances and collect the necessary fees
the NSTP components, shall jointly exercise such from their students for the purpose, as per the
academic and administrative supervision with those effectivity of these rules, are deemed to have
NGOs. complied with this requirement.

d. CHED Regional Offices, TESDA d. A Special Scholarship Program and incentives

Provincial/District Offices and DND-AFP (through for qualified NSTP students shall be administered
the Major Service Reserve Commands) by the CHED and TESDA, with the funds for the
said purpose to be included in the annual regular
;shall oversee and monitor the implementation appropriations of the two agencies, subject to the
of the NSTP under the respective jurisdictions, to availability of funds.
determine if the training conducted is in
consonance with the Act. These offices shall submit RULE V: ORGANIZATION OF NSTP GRADUATES
periodic reports to the Central Offices of the CHED,
TESDA and DND. Sec 11: Organization of NSTP Graduates

( What are the basic guidelines for the formulations a. Graduates of the non-ROTC components of the
of the NSTP Curriculum? ) NSTP shall belong to the National Service
Reserve Corps (NSRC) and may be mobilized by
a. The curriculum shall be formulated by the the State for literacy and civic welfare activities,
Program Coordinator duly approved by the school especially in DRRM, through the joint efforts of
authorities, copy furnished CHED/TESDA Regional DND, CHED, and TESDA, in coordination with
Offices. It shall comply with the intent and DILG, DSWD and other concerned agencies.
requirements of the NSTP components.
b. The CHED, TESDA, and DND, in consultation Sec 16: Effectivity
with other concerned government and
non-government agencies, shall issue the These Rules shall take effect fifteen (15)
necessary guidelines for the establishment, days after publication in a newspaper of general
organization, maintenance, and utilization of the circulation or publication in the online official
National Service Reserve Corps (NSRC). gazette and shall remain in force and effect until
revoked or amended.
c. Graduates of the ROTC program shall form
part of the Citizen Armed Force pursuant to RA CITIZENSHIP TRAINING; ARTICLE III, IV, AND V
7077, subject to the requirements and policies of OF 1987 CONSTITUTION, PRIVILEGES, AND
the DND. RIGHTS OF FILIPINO CITIZEN

RULE VI: Miscellaneous Provisions Citizenship Training

a program wherein it develops our characters
Sec 12: Certificate of Completion to become more mindful of our responsibilities,
rights, and roles in society.
Certificates of Completion with corresponding
Serial Numbers issued by CHED, TESDA or DND, It aims to enhance the student's social
shall be awarded by the SUCs, TVls, LUCs, and responsibility and commitment to the development
PHEls to students who have successfully complied of their communities and develop their ability to
with the program requirements. uphold law and order as they assume active
participation in community activities and assist the
Such Serial Numbers shall be indicated in members of the community especially in times of
the official Transcript of Records of each NSTP emergency
graduate.
Article III of the Bill of Rights
Sec 13: Information Dissemination It establishes the relationship of the individual
to the State and defines the rights of the individual
The CHED, TESDA, and DND, with the by limiting the lawful powers of the State.
assistance of the DILG, NYC, PIA, OCD and ULAP,
PASUC, COCOPEA, PSNEI, DepEd and other 1987 CONSTITUTION, Also known as
NGOs, shall provide information on the NSTP
Act of 2001 and its Revised IRR to all concerned “The Constitution of the Republic of the
publics through different modes of information Philippines”
dissemination.
The State shall promote a just and dynamic
Sec 14: Amendatory Clause social order that will ensure the prosperity and
independence of the nation and free the people
Section 35 of Commonwealth Act No. 1, s-1953; from poverty through policies that provide
Executive Order No. 207, s-1939; Sections 2 and 3 adequate social services, promote full employment,
of Presidential Decree No. 1706, s-1980; and a rising standard of living, and an improved quality
Sections 38 and 39 of RA 7077, s-1991; as well as of life for all.
all laws, decrees, orders, rules and regulations, and
other issuances by CHED, TESDA, and/or the DND CLASSES OF RIGHTS
which are inconsistent with the provisions of RA
9163 and this IRR shall be deemed amended or 1. Natural Rights - rights which are possessed by
repealed and modified accordingly. every citizen without being granted by the State for
they are given to man by God as a human being
amended - nabago pero nandun padin so that he may live a happy life.
repealed - naiba, nagging non-existent luma
modified - binago para mas maayos, enhance 2. Constitutional Rights - rights which are
conferred and protected by the Constitution.
Sec 15: Separability Clause
3. Statutory Rights - rights which are provided by
If any provisions hereof shall be declared laws promulgated by the law-making body and
unconstitutional or invalid, the other sections or may be abolished by the same body.
provisions not affected, thereby shall remain in full
force and effect.
CLASSIFICATION OF CONSTITUTIONAL PROBABLE CAUSE
RIGHTS (ARTICLE III) Means that the facts and circumstances that
exist give rise to the reasonable belief a crime is
1. Political Rights - those rights of the citizens being committed or has occurred.
which give them the power to participate, directly
or indirectly, in the establishment or administration Requisites for Valid Search Warrant and
of the government. Warrant of Arrest (Sec. 2. Art. III)

2. Civil Rights - those rights which the law will (1) It must be issued upon probable cause;
enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of (2) The probable cause must be determined
their means of livelihood. personally by the judge himself;

3. Social and economic rights - those rights (3) The determination of the existence of
which are intended to insure the well-being and probable cause must be made after
economic security of the individual examination by the judge of the
complainant and the witnesses he may
4. Rights of the accused – those rights intended produce; and
for the protection of a person who is accused of
any crime. (4) The warrant must particularly describe the
place to be searched, and the persons or
ARTICLE III BILL OF RIGHTS things to be seized.

Sec 1: No person shall be deprived of life, liberty, WHEN IS THERE A LAWFUL WARRANTLESS
or property without due process of law, nor shall ARREST?
any person be denied the equal protection of the
laws. 1. When, in his presence, the person to be
arrested has committed, is actually
Sec 2: The right of the people to be secure in committing, or is attempting to commit an
their persons, houses, papers, and effects against offense; (IN FLAGRANTE DELICTO
unreasonable searches and seizures of whatever ARRESTS)
nature and for any purpose shall be inviolable, and
2. When an offense has just been committed
;no search warrant or warrant of arrest shall be and he has probable cause to believe
issued except upon probable cause to be based on personal knowledge of facts or
determined personally by the judge after circumstances that the person to be
examination under oath or affirmation of the arrested has committed it; (HOT PURSUIT
complainant and the witnesses he may produce, ARRESTS)
and particularly describing the place to be searched
and the persons or things to be seized. 3. When the person to be arrested is a
prisoner who has escaped from a penal
Search Warrant and Warrant of Arrest (Sec. 2, establishment or place where he is serving
Art. III) final judgment or is temporarily confined
while his case is pending, or has escaped
Warrant of Arrest (WOA) - a written document while being transferred from one
issued by a court, ordering any peace officer to confinement to another; (ESCAPEE
bring the person before the court so that he may ARRESTS)
be bound to answer for the commission of an
offense. IN WHAT INSTANCES WOULD A SEARCH AND
SEIZURE WITHOUT A WARRANT BE
Search Warrant - an order in writing issued in the ALLOWED? (WARRANTLESS SEARCH AND
name of the People of the Philippines, signed by a SEIZURE)
judge and directed to a peace officer, commanding
him to search for personal property described 1. Consented warrantless searches
therein and bring it before the court 2. Exigent and emergency circumstances
3. Search incidental to a lawful arrest
If the command is to arrest a person designated, a. Arrest must be lawful
the written order is called warrant of arrest. b. It must be contemporaneous with the arrest
in both time and place
 c. Within the vicinity of the person arrested, decisions, as well as to government research data
immediate control, which is the evidence of used as basis for policy development, shall be
the offense or weapon afforded the citizen, subject to such limitations as
4. Search of evidence in plain view may be provided by law.
5. Search of a Moving Vehicle
6. Customs Search Sec 8: The right of the people, including those
7. Stop and Frisk employed in the public and private sectors, to form
unions, associations, or societies for purposes
Sec 3: The privacy of communication and not contrary to law shall not be abridged.
correspondence shall be inviolable except upon
lawful order of the court, or when public safety Sec 9: Private property shall not be taken for
or order requires otherwise, as prescribed by law. public use without just compensation.

EX: Gloria Macapagal Arroyo - “I AM SORRY” INHERENT POWERS OF THE STATE

RA 4200 or Wire Tapping Law - prohibits the (1) Police Power - power of the government to
unauthorized interception or recording of any enact regulations for the health, safety and
private communication or spoken word. welfare of the public.

● Any evidence obtained in violation of this or (2) Power of Taxation - power of the government
the preceding section shall be inadmissible to impose and collect taxes
for any purpose in any proceeding.
(3) Power of Eminent Domain - the power of local,
FRUIT OF POISONOUS TREE - evidence that was state or federal government agencies to take
illegally obtained private property for “public use” so long as the
government pays “just compensation”.
Sec 4: No law shall be passed abridging the
freedom of speech, of expression, or of the Sec 10: No law impairing the obligation of
press, or the right of the people peaceably to contracts shall be passed.
assemble and petition the government for redress
of grievances. Sec 11: Free access to the courts and
quasi-judicial bodies and adequate legal
Defamation - saying or writing something about assistance shall not be denied to any person by
another person that hurts their reputation reason of poverty.
1. Libel - made in writing
2. Slander- by verbal speaking Sec 12: Any person under investigation for the
commission of an offense shall have the right to
Sec 5: No law shall be made respecting an be informed of his right to remain silent;
establishment of religion, or prohibiting the free
exercise thereof. and to have competent and independent
counsel preferably of his own choice.
The free exercise and enjoyment of religious
profession and worship, without discrimination or If the person cannot afford the services of
preference, shall forever be allowed. counsel, he must be provided with one. These
rights cannot be waived except in writing and in the
No religious test shall be required for the exercise presence of counsel.
of civil or political rights.
1. No torture, force, violence, threat,
Sec 6: The liberty of abode and of changing the intimidation, or any other means which
same within the limits prescribed by law shall not vitiate the free will shall be used against
be impaired except upon lawful order of the court. him. Secret detention places, solitary,
incommunicado, or other similar forms of
Neither shall the right to travel be impaired except detention are prohibited.
in the interest of national security, public safety, or 2. Any confession or admission obtained in
public health, as may be provided by law. violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
Sec 7: The right of the people to information on 3. The law shall provide for penal and civil
matters of public concern shall be recognized. sanctions forviolations of this Section as
well as compensation to the rehabilitation of
Access to official records, and to documents and victims of torture or similar practices, and
papers pertaining to official acts, transactions, or their families.
 The defendant can plead guilty or not guilty of the
Sec 13: All persons, except those charged with crime he is charged with;
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, Right to Compulsory Production of Witness and
be bailable by sufficient sureties, or be released on Evidence
recognizance as may be provided by law. The accused has the right to demand other
people who have evidence that would be helpful to
The right to bail shall not be impaired even when him to appear in court.
the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required. The judge may issue the following:

Bail - is the security required by the court and a. Subpoena - a document ordering a person
given by the accused to ensure that the accused to attend the court
appear before the proper court at the scheduled b. Subpoena duces tecum - a writ ordering a
time and place to answer the charges brought person to attend the court and bring
against him. relevant documents.

TYPES OF BAIL (2) In all criminal prosecutions, the accused shall

be presumed innocent until the contrary is
1. Corporate Bond - one issued by a corporation proved, and shall enjoy the right to be heard by
licensed to provide bail subscribed jointly by the himself and counsel, to be informed of the nature
accused and an officer duly authorized by and cause of the accusation against him, to have a
its board of directors. speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory
2. Property bond - an undertaking constituted as a process to secure the attendance of witnesses and
lien on the real property given as security for the the production of evidence in his behalf.
amount of the bond.
However, after arraignment, trial may proceed
3. Recognizance - an obligation of record entered notwithstanding the absence of the accused:
into usually by the responsible members of the Provided, that he has been duly notified and his
community before some court or magistrate duly failure to appear is unjustifiable.
authorized to take it, with the condition to do some
particular act, the most usual act being to assure Sec 15: The privilege of the writ of habeas corpus
the appearance of the accused for trial. shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.
4. Cash deposit - the money deposited by the
accused or any person acting on his behalf, with Writ of Habeas Corpus - means that you have the
the nearest collector of internal revenue, or right to make the government prove to a judge that
provincial, city or munich treasurer. your arrest and detainment are justified.

Note: Any person accused of detained has the right Sec 16: All persons shall have the right to a
to invoke bail EXCEPT when the crime committed speedy disposition of their cases before all
is punishable by Reclusion Perpetua or judicial, quasi-judicial, or administrative bodies.
imprisonment at least 20 yrs and 1 day to the
maximum of 40 years Sec 17: No person shall be compelled to be a
witness against himself.
Sec 14:
Sec 18:
(1) No person shall be held to answer for a 1. No person shall be detained solely by
criminal offense without due process of law. reason of his political beliefs and
aspirations.
After the defendant is arrested, booked and a bail 2. No involuntary servitude in any form shall
appearance is completed the defendant will then be exist except as a punishment for a crime
arraigned. whereof the party shall have been duly
convicted.
Arraignment
a hearing in which the defendant is formally Right Against Involuntary Servitude - refer to
charged, the rights are read, and the court will compulsory service or simply modern day slavery.
appoint an attorney if the defendant doesn't have
one
The new constitution prohibits involuntary ARTICLE IV: Citizenship
servitudes however there are exceptions:
( What is the difference between Citizenship and
➔ Punishment of the crime Nationality? )
➔ The case of personal, military or civil service
defense of the state Nationality is the individual membership that
➔ In compliance to work order issued by shows a person's relationship with the state.
DOLE The place or country where the individual has taken
➔ Army or naval enlistment birth. A person can be a national of only one
➔ Exercise by parents on children country.

Sec 19: Citizenship is the political status, which states that

the person is recognized as a citizen of the
1. Excessive fines shall not be imposed, country. Individual is registered as a citizen by the
nor cruel, degrading or inhuman punishment government of the country. A person can become a
inflicted. citizen of more than one country.

Neither shall the death penalty be imposed, Sec 1: The following are citizens of the Philippines:
unless, for compelling reasons involving
heinous crimes, the Congress hereafter (1) Those who are citizens of the Philippines at the
provides for it. time of the adoption of this Constitution;

Any death penalty already imposed shall be Ways of acquiring Philippine citizenship:
reduced to reclusion perpetua.
Filipino by birth
2. The employment of physical, psychological, ● Jus soli (right of soil) means that you’re an
or degrading punishment against any automatic Filipino citizen if you were born
prisoner or detainee or the use of in Philippines soil or territory.
substandard or inadequate penal facilities ● Jus sanguinis (right of blood) means that
under subhuman conditions shall be you’re a Filipino citizen at birth by virtue of
dealt with by law. the nationality of your parents (mother or
father) who are Filipinos. The Philippines
Sec 20: No person shall be imprisoned for debt or adheres to this principle.
non-payment of a poll tax.
Filipino by naturalization
However, there are limitations: ● which is the judicial act of adopting a
1. Creditors can still bring to the court to foreigner and clothing him with the
demand and enforce payment of your debts privileges of a native-born citizen.
2. If the person is guilty of estafa he /she will
be sent to jail. KINDS OF CITIZEN

Estafa - crime of obtaining money dishonestly or Natural Born Citizens - those who are citizens of
by trickery. the Philippines from birth without having to
perform any act to acquire or perfect their
Sec 21: No person shall be twice put in jeopardy of Philippine citizenship.
punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or Naturalized Citizens - those who are non-filipino
acquittal under either shall constitute a bar to citizens from birth but who later acquired Filipino
another prosecution for the same act. citizenship through a judgment of the court, an act
of congress, or an administrative proceedings.
Double Jeopardy
● a person cannot be charged with a same or (2) Those whose fathers or mothers are citizens
identical crime when such person was of the Philippines;
already previously convicted or acquitted of
a similar crime Take note: Child born of a Filipino father or mother
● applied only on Criminal Cases whether legitimate or illegitimate still a natural
born Filipino
Sec 22: No ex post facto law or bill of attainder
shall be enacted. (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 2. By express renunciation of citizenship
law. (Executing an affidavit expressly renouncing
your citizenship)
3 WAYS TO BECOME NATURALIZED CITIZEN: 3. By subscribing to an oath of allegiance to
support the Constitution of a foreign
Administrative Naturalization country upon attaining 21 years of age.
RA 91393 or Administrative Naturalization 4. By rendering service to or accepting
Law of 2000 applies to native born aliens who lived commission in the armed forces of a
in the Philippines all their lives or thought they were foreign country.
a Filipino
INVOLUNTARY
Judicial Naturalization
● follows CA 473 or Revised Naturalization 5. By cancellation of the certificate of
Law naturalization.
● If the foreigner is not qualified in 6. By having been declared by competent
Administrative Naturalization he will have to authority a deserter of the Philippine
go through this kind of naturalization. Armed Forces in times of war

Direct Act of the Congress or Legislative RE-ACQUISITION of Philippine Citizenship

Naturalization
applies only for aliens who have made 1. By taking the oath of allegiance required
outstanding contributions to the country of the former natural-born Filipinos (Section
3 & 4, RA 9225 Citizenship Retention and
NATURALIZED CITIZEN CAN’T ENJOY THE FF: Reacquisition Act).
1. Dual Citizenship 2. By naturalization (only judicial
2. Run in any Political Position naturalization)
3. By repatriation ?
Sec 2: Natural-born citizens are those who are
citizens of the Philippines from birth without having RA 965
to perform any act to acquire or perfect their Those who rendered service in an allied foreign
Philippine citizenship. Those who elect Philippine country during the war .
citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born RA 2630
citizens. Those who lost citizenship by rendering service in
the armed forces of the United States.
Sec 3: Philippine citizenship may be lost or
reacquired in the manner provided by law. RA 725
For Filipino women who lost citizenship by marriage
Sec 4: Citizens of the Philippines who marry aliens and for natural-born Filipinos.
shall retain their citizenship, unless by their act or
omission they are deemed, under the law, to have RA 8171
renounced it. For Filipino women who lost their citizenship by
reason of marriage to foreigners and for former
EFFECTS OF MARRIAGE TO A FOREIGNER natural-born who lost their Filipino citizenship on
account of political or economic necessity.
Filipino Citizen who marry an alien shall retain
citizenship unless they renounce citizenship Dual Citizenship vs Dual Allegiance

LOSS of Philippine Citizenship (CA No. 63) Dual Citizenship - a citizen of two countries at the
same time.
It is not only citizenship conferred by naturalization
that can be canceled, but even citizenship by Dual Allegiance - a person simultaneously owes
reason of birth on the following grounds: loyalty to two or more states.

VOLUNTARY/EXPATRIATION Sec 5: Dual allegiance of citizens is inimical to the

national interest and shall be dealt with by law.
1. By naturalization in a foreign country
Modified by RA 9225 (Citizenship Retention NOTE: What the constitution prohibits is dual
and Re-acquisition Act) allegiance not dual citizenship.
ARTICLE V: SUFFRAGE
Such person shall likewise automatically regain his
Suffrage is the right and obligation to vote for right to vote upon expiration of five years after
qualified citizens in the election of certain national service of sentence.
and local governments and in the decision of public
questions submitted to the people. 3. Insane or incompetent persons as declared by
competent courts.
Qualifications of Filipino Voters (Art. V)
1. a citizen of the Philippines; Can illiterates and disabled vote?
2. not otherwise disqualified by law; YES, they can. During elections they are
3. at least eighteen years of age; and assisted by election officers.
4. Have resided in the Philippines for at least
one (1) year and in the place he proposes to Can OFW vote?
vote for at least six months preceding the YES. Through absentee voting on the process
election. by which qualified citizens of the Philippines abroad
exercise their right to vote.
Forms of Suffrage (Art. V)
FUN FACT:
Election – the means by which the people choose
their officials for definite and fixed periods and to Prior to 1937, only Filipino men were permitted to
whom they entrust the exercise of powers of cast ballots in the nation.
government.
In 1937, Filipino women were given the right to
Plebiscite – It refers to a vote of the people vote. All of that changed as a result of
expressing their choice for or against a Commonwealth Act 34, which saw women in the
proposed law or enactment submitted to them. nation utilize their right to vote.

Referendum – It is the submission of a law or part

thereof passed by legislative body to the voting
citizens of a country for ratification or rejection.

Initiative – the process whereby the people

directly propose and enact laws or amendments
to the Constitution.

Recall – It is a method by which a public officer

may be removed from office during his tenure or
before the expiration of his term by a vote of the
people.

Disqualified Voters (Art. V)

1. Any person who has been sentenced by final

judgment to suffer imprisonment for not less than
one year, such disability not having been removed
by plenary pardon or granted amnesty.

But such a person shall automatically reacquire the

right to vote upon expiration of five years after
service of sentence.

2. Any person who has been adjudged by final

judgment by competent court of having committed
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation
of anti-subversion and firearms law, or any
crime against national security, unless restored
to his full civil and political rights in accordance with
law.