26 P O L I T I C A L L A W O N S T I T U T I O N A L L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

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When does jeopardy NOT attach: 1)If information does not charge any offense2)If, upon pleading guilty, the accused presents evidence of complete self-defense,and the court thereafter acquits him without entering a new plea of not guilty for accused.3)If the information for an offense cognizable by the RTC is filed with the MTC.4)If a complaint filed for preliminary investigation is dismissed. When does first jeopardy TERMINATE: (2 ND REQUISITE) 1 ) A c q u i t t a l 2 ) C o n v i c t i o n 3)Dismissal W/O the EXPRESS consent of the accused4 ) D i s m i s s a l o n t h e m e r i t s . Examples of termination of jeopardy: 1)Dismissal based on violation of the right to a speedy trial. This a m o u n t s t o a n acquittal.2)Dismissal based on a demurrer to evidence. This is a dismissal on the merits.3)Dismissal on motion of the prosecution, subsequent to a motion for reinvestigationfiled by the accused.4)Discharge of an accused to be a state witness. This amounts to an acquittal. When can the PROSECUTION appeal from an order of dismissal: 1)If dismissal is on motion of the accused. Exception: If motion is based on violationof the right to a speedy trial or on a demurrer to evidence.2)If dismissal does NOT amount to an acquittal or dismissal on the merits3)If the question to be passed upon is purely legal.4)If the dismissal violates the right of due process of the prosecution.5)If the dismissal was made with grave abuse of discretion. What are considered to be the SAME OFFENSE: (under the 1 st sentence of Section 21)

1)Exact identity between the offenses charged in the first and second cases.2)One offense is an attempt to commit or a frustration of the other offense.3)One offense is necessarily included or necessary includes the other. Note: where a single act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of theexceptions apply. Definition of double jeopardy (2 nd sentence of Sec. 21) Double jeopardy will result if the act punishable under the law and the ordinance are thesame. For there to be double jeopardy, it is not necessary that the offense be the same. SUPERVENING FACTS 1)Under the Rules of Court, a conviction for an offense will not bar a prosecution for anoffense which necessarily includes the offense charged in the former informationwhere:A . T h e g r a v e r o f f e n s e d e v e l o p e d d u e t o a s u p e r v e n i n g f a c t a r i s i n g f r o m t h e same act or omission constituting the former charge.B.The facts constituting the graver offense became known or were discoveredonly after the filing of the former information.C.The plea of guilty to the lesser offense was made without the consent of thefiscal and the offended party.

27 P O L I T I C A L L A W O N S T I T U T I O N A L L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

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2)Under (1)(b), if the facts could have been discovered by the prosecution but were notdiscovered because of the prosecutions incompetence, it would not be considered asupervening event. Effect of appeal by the accused:

If the accused appeals his conviction, he WAIVES his right to plead double jeopardy.The whole case will be open to review by the appellate court. Such court may evenincrease the penalties imposed on the accused by the trial court. Section 22. No ex post facto law or bill of attainder shall be enacted.Definition of ex-post facto law. 1)One which makes an action done before the passing of the l a w , a n d w h i c h w a s innocent when done, criminal, and punishes such action.2)One which aggravates the crime or makes it greater than when it was committed.3 ) O n e w h i c h changes the punishment and inflicts a greater punishment than thatw hich the law annexed to the crime when it was committed.4)One which alters the legal rules of evidence and receives less testimony than thelaw required at the time of the commission of the offense in order to convict theaccused.5 ) O n e w h i c h a s s u m e s t o r e g u l a t e c i v i l r i g h t s a n d r e m e d i e s o n l y B U T , i n e f f e c t , imposes a penalty or deprivation of a right, which, when done, was lawful.6)One which deprives a person accused of a crime of some lawful protection to whichhe has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. Definition of BILL OF ATTAINDER 1)A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIALtrial.2)The bill of attainder does not need to be directed at a specifically named person. Itmay also refer to easily ascertainable members of a group in such a way as to inflictpunishment on them without judicial trial.3 ) E l e m e n t s o f the bill of attainder A . T h e r e m u s t b e a LAW .B.The law imposes a PENAL burden on a NAMED INVIDI D U A L / E A S I L Y ASCERTAINABLE MEMBERS of a GROUP.C.The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. ARTICLE IV CITIZENSHIPWho are citizens of the Philippines? 1)Those who are citizens of the Philippines at the time of the a d o p t i o n o f t h e 1 9 8 7 Constitution2)Those whose fathers or mothers are citizens of the Philippines.3 ) T h o s e b o r n b e f o r e J a n u a r y 1 7 , 1 9 7 3 o f F i l i p i n o m o t h e r s , w h o e l e c t P h i l i p p i n e citizenship upon reaching the age of majority.4)Those who are naturalized in accordance with law. Modes of acquiring citizenship: 1)Jus Soli acquisition of citizenship on the basis of place of birth2)Jus Sanguinis acquisition of citizenship on the basis of blood relationship3)Naturalization the legal act of adopting an alien and clothing him with the privilegeof a native-born citizen.

28 P O L I T I C A L L A W O N S T I T U T I O N A L L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

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Note: The Philippines follows (2) and (3) Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipinocitizenship. Hence, her child would have to elect Filipino citizenship upon reaching theage of majority. Under the 1973 Constitution, however, children born of Filipino motherswere already considered Filipinos. Therefore, the provision on election of citizenshipunder the 1987 Constitution only applies to those persons who were born under the1935 Constitution. In order for the children to elect Filipino citizenship, the mothers musthave been Filipinos at the time of their marriage. So, if your mother was a Filipina whomarried an alien under the 1935 constitution and you were born before January 17,1973, you can elect Filipino citizenship upon reaching the age of majority. When must the election be made: The election must be made within a reasonable period after reaching the age of majority. Effects of naturalization :1)The legitimate minor children of the naturalized father become Filipinos as well.2 ) T h e w i f e a l s o b e c o m e s a F i l i p i n o c i t i z e n , p r o v i d e d t h a t s h e d o e s n o t h a v e a n y disqualification which would bar her from being naturalized. Natural-born citizens: 1)Citizens of the Philippines from birth who do not need to perform any act to acquireor perfect their Philippine citizenship.2)Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution. Marriage of Filipino with an alien: 1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If, by their act or omission they are deemed, under the law, to haverenounced it. Examples of renunciation of Philippine citizenship:

1)Voluntarily obtaining foreign passport2 ) P l e d g i n g a l l e g i a n c e t o a n o t h e r c o u n t r y ( e x . b y b e c o m i n g a n a t u r a l i z e d c i t i z e n o f another country) Re-acquisition of citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire thesame via repatriation proceedings. This involves taking an oath of allegiance and filingthe same with the civil registry. How may one lose citizenship: 1.By naturalization in a foreign country2.By express renunciation of citizenship3.By subscribing oath or allegiance to a foreign Constitution4.By serving in the armed forces of an enemy country5.By being a deserter of the armed forces of ones country How may one reacquire citizenship: 1.By direct act of Congress2 . B y n a t u r a l i z a t i o n 3 . B y r e p a t r i a t i o n

29 P O L I T I C A L L A W O N S T I T U T I O N A L L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

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ARTICLE V SUFFRAGEQualifications: CODE: CD18RR 1) C itizen of the Philippines 2) Not D isqualified by law 3) At least

18 years old 4) R esident of the Philippines for at least 1 year 5) R esident of the place w h e r e i n h e / s h e p r o p o s e s t o v o t e f o r a t l e a s t 6 m o n t h s immediately preceding the election. Note: NO literacy, property or other substantive requirement can be imposed on theexercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 y e a r r e s i d e n c y r e q u i r e m e n t i n t h e Philippines.2 . T E M P O R A R Y RESIDENCE This is in reference to the 6 m o n t h r e s i d e n c y requirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. Disqualifications: 1)Any person sentenced by final judgment to imprisonment o f n o t l e s s t h a n 1 y e a r , which disability has not been removed by plenary pardon.2 ) A n y p e r s o n a d j u d g e d b y f i n a l j u d g m e n t o f h a v i n g v i o l a t e d h i s a l l e g i a n c e t o t h e Republic of the Philippines.3 ) I n s a n e o r f e e b l e - m i n d e d

26 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEW ER & MEMORY AIDA TENEO C

ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald When does jeopardy NOT attach: 1)If information does not charge any offense2)If, upon pleading guilty, the accused presents evidence of complete self-defense,and the court thereafter acquits him without entering a new plea of not guilty for accused.3)If the information for an offense cognizable by the RTC is filed with the MTC.4)If a complaint filed for preliminary investigation is dismissed. When does first jeopardy TERMINATE: (2 ND REQUISITE) 1)Acquittal2)Conviction3)Dismissal W /O the EXPRESS consent of the accused4)Dismissal on the merits. Examples of termination of jeopardy: 1)Dismissal based on violation of the right to a speedy trial. This amounts to anacquittal.2)Dismissal based on a demurrer to evidence. This is a dismissal on the merits.3)Dismissal on motion of the prosecution, subsequent to a motion for reinvestigationfiled by the accused.4)Discharge of an accused to be a state witness. This amounts to an acquittal. When can the PROSECUTION appeal from an order of dismissal: 1)If dismissal is on motion of the accused. Exception: If motion is based on violationof the right to a speedy trial or on a demurrer to evidence.2)If dismissal does NOT amount to an acquittal or dismissal on the merits3)If the question to be passed upon is purely legal.4)If the dismissal violates the right of due process of the prosecution.5)If the dismissal was made with grave abuse of discretion. What are considered to be the SAME OFFENSE: (under the 1 st sentence of Section 21) 1)Exact identity between the offenses charged in the first and second cases.2)One offense is an attempt to commit or a frustration of the other offense.3)One offense is necessarily included or necessary includes the other. Note: where a single act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of theexceptions apply.

Definition of double jeopardy (2 nd sentence of Sec. 21) Double jeopardy will result if the act punishable under the law and the ordinance are thesame. For there to be double jeopardy, it is not necessary that the offense be the same. SUPERVENING FACTS 1)Under the Rules of Court, a conviction for an offense will not bar a prosecution for anoffense which necessarily includes the offense charged in the former informationwhere:A.The graver offense developed due to a supervening fact arising from thesame act or omission constituting the former charge.B.The facts constituting the graver offense became known or were discoveredonly after the filing of the former information.C.The plea of guilty to the lesser offense was made without the consent of thefiscal and the offended party.

27 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEW ER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald 2)Under (1)(b), if the facts could have been discovered by the prosecution but were notdiscovered because of the prosecutions incompetence, it would not be considered asupervening event. Effect of appeal by the accused: If the accused appeals his conviction, he W AIVES his right to plead double jeopardy.The whole case will be open to review by the appellate court. Such court may evenincrease the penalties imposed on the accused by the trial court. Section 22. No ex post facto law or bill of attainder shall be enacted.Definition of ex-post facto law. 1)One which makes an action done before the passing of the law, and which wasinnocent when done, criminal, and punishes such action.2)One which aggravates the crime or makes it greater than

when it was committed.3)One which changes the punishment and inflicts a greater punishment than thatwhich the law annexed to the crime when it was committed.4)One which alters the legal rules of evidence and receives less testimony than thelaw required at the time of the commission of the offense in order to convict theaccused.5)One which assumes to regulate civil rights and remedies only BUT, in effect,imposes a penalty or deprivation of a right, which, when done, was lawful.6)One which deprives a person accused of a crime of some lawful protection to whichhe has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. Definition of BILL OF ATTAINDER 1)A bill of attainder is a LEGISLATIVE act which inflicts punishment W /O JUDICIALtrial.2)The bill of attainder does not need to be directed at a specifically named person. Itmay also refer to easily ascertainable members of a group in such a way as to inflictpunishment on them without judicial trial.3)Elements of the bill of attaind er A.There mu st be a LAW .B.The la w imp ose s a PENAL burden on a NAMED INVIDIDUAL/EASILYASCERTAINABLE MEMBERS of a GROUP.C.The penal burden is imposed DIRECTLY b y the LAW W /O JUDICIAL tria l. ARTICLE IV CITIZENSHIPW ho a re citizen s of the Ph ilippines? 1)Those who are citizens of the Philippines at the time of the adoption of the 1987Constitution2)Those whose fathers or mothers are citizens of the Philippines.3)Those born before January 17, 1973 of Filipino mothers, who elect Philippinecitizenship upon reaching the age of majority.4)Those who are naturalized in accordance with law. Modes of acquiring citizenship: 1)Jus Soli acquisition of citizenship on the basis of place of birth2)Jus Sanguinis acquisition of citizenship on the basis of blood relationship3) Naturalization the legal act of adopting an alien and clothing him with the privilegeof a native-born citizen.

28 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEW ER & MEMORY AIDA TENEO C

ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald Note: The Philippines follows (2) and (3) Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipinocitizenship. Hence, her child would have to elect Filipino citizenship upon reaching theage of majority. Under the 1973 Constitution, however, children born of Filipino motherswere already considered Filipinos. Therefore, the provision on election of citizenshipunder the 1987 Constitution only applies to those persons who were born under the1935 Constitution. In order for the children to elect Filipino citizenship, the mothers musthave been Filipinos at the time of their marriage. So, if your mother was a Filipina whomarried an alien under the 1935 constitution and you were born before January 17,1973, you can elect Filipino citizenship upon reaching the age of majority. When must the election be made: The election must be made within a reasonable period after reaching the age of majority. Effects of naturalization :1)The legitimate minor children of the naturalized father become Filipinos as well.2)The wife also becomes a Filipino citizen, provided that she does not have anydisqualification which would bar her from being naturalized. Natural-born citizens: 1)Citizens of the Philippines from birth who do not need to perform any act to acquireor perfect their Philippine citizenship.2)Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution. Marriage of Filipino with an alien: 1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If, by their act or omission they are deemed, under the law, to haverenounced it. Examples of renunciation of Philippine citizenship:

1)Voluntarily obtaining foreign passport2)Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country) Re-acquisition of citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire thesame via repatriation proceedings. This involves taking an oath of allegiance and filingthe same with the civil registry. How may one lose citizenship: 1.By naturalization in a foreign country2.By express renunciation of citizenship3.By subscribing oath or allegiance to a foreign Constitution4.By serving in the armed forces of an enemy country5.By being a deserter of the armed forces of ones country How may one reacquire citizenship: 1.By direct act of Congress2.By naturalization3.By repatriation

29 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEW ER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald ARTICLE V SUFFRAGEQualifications: CODE: CD18RR 1) C itizen of the Philippines 2) Not D isqualified by law 3) At least 18 years old 4)

R esident of the Philippines for at least 1 year 5) R esident of the place wherein he/she proposes to vote for at least 6 monthsimmediately preceding the election. Note: NO literacy, property or other substantive requirement can be imposed on theexercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in thePhilippines.2. TEMPORARY RESIDENCE This is in reference to the 6 month residencyrequirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. Disqualifications: 1)Any person sentenced by final judgment to imprisonment of not less than 1 year,which disability has not been removed by plenary pardon.2)Any person adjudged by final judgment of having violated his allegiance to theRepublic of the Philippines.3)Insane or feebleminded persons. Note Under the 2 nd disqualification, the right to vote is automatically re-acquired uponthe expiration of 5 years after the service of sentence. ARTICLE VI THE LEGISLATIVE DEPARTMENTS EC . 1. The legislative power shall be vested in the Congress of the persons. Note Under the 2 nd disqualification, the right to vote is automatically re-acquired uponthe expiration of 5 years after the service of sentence. ARTICLE VI THE LEGISLATIVE DEPARTMENTS EC . 1. The legislative power shall be vested in the Congress of the