CHAPTER 1 - Reviewer - Legal Aspects
CHAPTER 1 - Reviewer - Legal Aspects
CHAPTER 1 - Reviewer - Legal Aspects
GENRAL PRINCIPLES
Philippine Constitution
- is the most basic of laws in our jurisdiction. ( 1935,1973, 1986, 1987)
Constitution
- Defined as the organic and fundamental law of a nation or state, which may be written or
unwritten, establishing the character and conception of its government, laying the basic
principles to which its internal life is not be conformed, organizing the government, and
regulating, distributing and limiting the functions of its different departments, and prescribing
the extent and manner of the exercise of sovereign power.
- Our Constitution contains our system and framework of government, the various rights and
duties of its citizens as well as other powers and incidents thereof that our public officials and
their offices may exercises.
Purpose of constitution
1. For Self-Determination
- A constitution determined the people’s right to govern themselves and recognize the equal
rights of all to build a political, economic and social system of our own free choice.
2. To embody the civic spirit
- It contains the spirit, the hopes, the aspirations, the expectations and desires of its authors as
well as the highest value of the citizens.
Citizenship
2 Principles used in determining the citizenship if a person:
1. Jus sanguinis
- a principle of nationality law by which citizenship is determined or acquired by the nationality or
ethnicity of one or both parents.
2. Jus soli
- a rule that the citizenship of a child is determined by the place of its birth.
Article IV, Section 1 of the 1987 Constitution:
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.
According to our laws, Philippine citizenship may be acquired through:
1. By birth
A. if a person is born in the Philippines and his nationality laws follow the rule of jus soli
B. or being both of Filipino parents (jus sanguinis)
2. By naturalization
3. By marriage to a Philippine citizen.