Professional Documents
Culture Documents
FACTS
CA declared Gallegos win as mayor of
Abuyog Leyta illegal and void
-
HELD
Yes, abuyog redient for a year.
Residence synonymous with domicile
In order to acquire domicile by choice:
RomualdezMarcos v
COMELEC
FACTS
Petitioner Imelda Marcos filed Cert of
Candidacy for Rep of 1st district of Leyte.
[Residence in the constituency where I seek
to be elected immediately preceding the
election: ______ years and seven months]
Cirilo Roy Montejo (private respondent):
petition for cancellation and
disqualification of Marcos because did not
meet consti requirement for residency.
Evidence: voter registration.
Imelda: omission of seven in original cert
of candidacy was honest misinterpretation,
she sought to rectify by adding words since
childhood
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COMELEC:
Aquino v
COMELEC
FACTS
1995: Agapito Aquino filed Cert of Candidacy
for Rep for 2nd legislative district of Makati
City.
HELD
ISSUE
WON residency in the cert of candidacy
actually connotes domicile to warrant the
disqualification
Domino v
COMELEC
FACTS
Co v Electoral
tribunal of the H
of R
FACTS
-
ISSUE
WON Jose Ong Jr. is a natural born citizen of
the Philippines
HELD
YES
-
Bengzon v Cruz
FACTS
ISSUE:
WON Cruz, a natural-born Filipino who became an
American citizen, can still be considered a
natural-born Filipino upon his reacquisition of
Philippine citizenship.
HELD:
petition dismissed
YES
Filipino citizens who have lost their citizenship
may however reacquire the same in the manner
provided by law. C.A. No. 63 enumerates the 3
modes by which Philippine citizenship may be
reacquired by a former citizen:
1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.
**
Repatriation may be had under various statutes
by those who lost their citizenship due to:
1. desertion of the armed forces;
2. services in the armed forces of the allied forces
in World War II;
3. service in the Armed Forces of the United
States at any other time,
4. marriage of a Filipino woman to an alien; and
5. political economic necessity
Repatriation results in the recovery of the original
nationality This means that a naturalized Filipino
who lost his citizenship will be restored to his
prior status as a naturalized Filipino citizen. On
the other hand, if he was originally a natural-born
citizen before he lost his Philippine citizenship, he
will be restored to his former status as a naturalborn Filipino.
R.A. No. 2630 provides:
Sec 1. Any person who had lost his Philippine
citizenship by rendering service to, or accepting
commission in, the Armed Forces of the United
States, or after separation from the Armed Forces
of the United States, acquired United States
citizenship, may reacquire Philippine citizenship
by taking an oath of allegiance to the Republic of
the Philippines and registering the same with
Local Civil Registry in the place where he resides
or last resided in the Philippines. The said oath of
allegiance shall contain a renunciation of any
other citizenship.
Having thus taken the required oath of allegiance
to the Republic and having registered the same
in the Civil Registry of Magantarem, Pangasinan
in accordance with the aforecited provision, Cruz
is deemed to have recovered his original status
as a natural-born citizen, a status which he
Valles v COMELEC
FACTS
Rosalind Ybasco Lopez, born May 16 1934,
Napier Terrace, Broome, Western Australia.
Parents: Telesforo (Filipino from Camarines
Norte) & Teresa Marquez (Australian)
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JUS SANGUINIS
2.
XXX
THIS CONSTITUTION
THOSE BORN IN THE
LOCAL POSITION:
PH bill of 1902
Jones Law
PH law on citizenship:
PH ISLANDS OF FOREIGN
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines which
shall consist of a Senate and a House of
Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.
Section 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.
Section 3. No person shall be a Senator unless
he is a natural-born citizen of the Philippines
and, on the day of the election, is at least
thirty-five years of age, able to read and write,
a registered voter, and a resident of the
Philippines for not less than two years
immediately preceding the day of the election.
Section 4. The term of office of the Senators
shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Senator shall serve for more than
two consecutive terms. Voluntary renunciation
of the office for any length of time shall not be
considered as an interruption in the continuity
of his service for the full term of which he was
elected.
Section 5.
1. The House of Representatives shall be
composed of not more than two hundred
and fifty members, unless otherwise
fixed by law, who shall be elected from
legislative districts apportioned among
Section 27.
1. Every bill passed by the Congress shall,
before it becomes a law, be presented
to the President. If he approves the
same he shall sign it; otherwise, he shall
veto it and return the same with his
objections to the House where it
originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to
pass the bill, it shall be sent, together
with the objections, to the other House
by which it shall likewise be
reconsidered, and if approved by twothirds of all the Members of that House,
it shall become a law. In all such cases,
the votes of each House shall be
determined by yeas or nays, and the
names of the Members voting for or
against shall be entered in its Journal.
The President shall communicate his
veto of any bill to the House where it
originated within thirty days after the
date of receipt thereof, otherwise, it
shall become a law as if he had signed
it.
2. The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but