Assignment in Constitutional Law 2

[a) Read [For March 3, 2012]

1. Article IV (pages 629-650, Bernas, 2009 ed.]; R.A. 8171 (Repatriation of Women Act of 1995) R.A. 9225 (Citizenship Retention and Re-Acquisition Act of 2003) 2. Article V (pages 651-674, Bernas, 2009 ed.]; R.A. No. 8189 [Voters Registration Act of 1996] R.A. No. 9189 [Overseas Absentee Voting Act of 2003]

[b] Cases and BAR Questions [due on or before Consti2 Finals Day] Article IV
o o o o What is repatriation? Is it a right or a matter of privilege? Who can seek repatriation? Tabasa versus- CA, G.R. 125793, Aug. 29, 2006 Is Section 5, Article IV of the Constitution a self-executing provision? AASJS versus- Datumanong, G.R. No.160869, May 11 , 2007 Did we adopt the jus soli or jus sanguinis principle? Does the principle of res adjudicate apply to decisions on citizenship? Go versus- Ramos, et.a.l., G.R. No. 167569, etc., Sept. 4, 2009 Did the departure of Pennisi from the Philippines render moot the proceedings that challenged the DOJs revocation of his certificate of recognition and his summary deportation by the Bureau of Immigration? Is Pennisi a Filipino citizen? DOJ versus- Pennisi, G.R. No. 169958, March 5, 2010 What the statutory formalities of electing Philippine citizenship? Within what period must Philippine citizenship be elected? Should children born under the 1935 Constitution of a Filipino mother and an alien father but who failed to immediately file the documents of election with the nearest civil registry, be considered foreign nationals? Ma versus- Fernandez, G.R. No. 183133, July 26, 2010 Can substantial corrections to the nationality or citizenship of persons recorded in the civil registry be effected through an ex parte application? Kilosbayan versus- Janolo, G.R. No. 180543, July 27, 2010 By obtaining an ACR, did Limkaichongs mother repudiate her Filipino citizenship? Did it result in an acquisition of alien citizenship? Is Limkaichong a natural-born Filipino citizen? Vilando versus- HRET, G.R. 192147 & 192149, Aug. 23, 2011 Is the right to petition the Government for a redress of grievances a right available to citizens and non-citizens alike? Was it validly invoked? Borough of Duryea versus- Guarnieri, No. 091476, June 20, 2011, 564 US ___ (2011) Atty. Emily Go, a legitimate daughter of a Chinese father and a

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2 0 0 6 B A R Filipino mother, was born in 1945. At 21, she elected Philippine

citizenship and studied law. She passed the bar examinations and engaged in private practice for many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court. But her nomination is being contested by Atty. Juris Castillo, also an aspirant to the position. She claims that Atty. Emily Go is not a natural-born citizen, hence, not qualified to be appointed to the Supreme Court. Is this contention correct? Explain.
2006 BAR

Atty. Richard Chua was born in 1964. He is a legitimate son of

a Chinese father and a Filipino mother. His father became a naturalized Filipino citizen when Atty. Chua was still a minor. Eventually, he studied law and was allowed by the Supreme Court to take the Bar Examinations, subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never complied with such requirement, Atty. Chua practice for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. Noel contested it claiming that it was filed many years after Atty. Chua reached the age of majority. Will Atty. Chua be disbarred? Explain.
2 0 0 9 B A R if the statement is false. Explain your answer in not more than

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE

two (2) sentences. Dual citizenship is not the same as dual allegiance.
2 0 0 9 B A R the United States, and eventually acquired American citizenship.

Warlito, a natural-born Filipino, took up permanent residence in

He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17. While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225. [a] Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. [b] With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. [c] Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their fathers reacquisition of Philippine citizenship? Explain your answer.

Article V
o What is the Harpers Standard? Is the Indiana Election Law(SEA 483) requiring citizens voting in person to present government-issued photo identification an unconstitutional burden on the right to vote? Crawford versus- Marion County, No. 0721, Apr. 28, 2008, 550 US ___ (2008) Should residence and domicile be construed as referring to dwelling? Did Noble effectively change his domicile? Pundaodaya versus- Comelec & Noble, G.R.179313, Sept.17, 2009 Does the filing of a certificate of candidacy ipso facto amount to a renunciation of his foreign citizenship under R.A. No. 9225? De Guzman versus- Comelec, G.R. No. 180048, June 19, 2009 Did Tambunting fulfill the citizenship and residency requirements prescribed by law? Cordova versus- Comelec, G.R. No. 176947, Feb. 12, 2009 Did Mitra satisfy the residence requirement? Mitra versus- Comelec, G.R. 191938, July 2, 2010 Will the mechanism of the PCOS machines infringe the constitutional right of the people to the secrecy of the ballot? Roque versus- Comelec, G.R. 188456, Sept. 10, 2009 Did the Supreme Court guarantee the efficiency and integrity of the automated system of elections in Roque versus- Comelec? Cagas versus- Comelec, G.R. No. 194139, January 24, 2012 Let us suppose that Congress enacted a law which amended the

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2 0 0 1 B A R Omnibus Election Code (particularly Sections 138, 139, 142,

143) by vesting in the Commission on Elections the jurisdiction over inclusion

and exclusion cases filed by voters, instead of the courts (MTC, then RTC). Is the law valid or not, and why?
2 0 0 3 B A R In 1985, he enlisted in the U.S. Marine Corps and took an oath

Juan Cruz was born of Filipino parents in 1960 in Pampanga.

of allegiance to the United States of America. In 1990, he was naturalized as an American citizen. In 1994, he was repatriated under Republic Act No. 2430. During the 1998 National Elections, he ran for and was elected representative of the First District of Pampanga where he resided since his repatriation. Was he qualified to run for the position? Explain.
2 0 0 5 B A R to commence on June 30, 1995, Ricky filed on March 20, 1995

In the May 8, 1995 elections for local officials whose terms were

his certificate of candidacy for the Office of Governor of Laguna. He won, but his qualifications as an elected official was questioned. It is admitted that he is a repatriated Filipino citizen and a resident of the Province of Laguna. To be qualified for the office to which a local official has been elected, when at the latest should he be: (a) A Filipino Citizen? Explain. (b) A resident of the locality? Explain.

[c] Prepare for a short quiz.