NSTP REVIEWER
NSTP REVIEWER
government
created a big impact particularly
NATIONAL SERVICE TRAINING during World War II
PROGRAM (NSTP) 3 areas:
refers to the program aimed at oLaw Enforcement Service (LES)
o Civic Welfare Service (CWS)
enhancing civic consciousness and oMilitary Service (MS)
defense preparedness in the youth
3 programs: R.A. 9163
o Reserve Officers’ Training “NSTP LAW”- Sec. 12
“National Service Training Program
Corps (ROTC) Act of 2001”
o Civic Welfare Training Service enacted in response to public clamor
(CWTS) to reform ROTC Program
affirm that the prime duty of the
o Literacy Training Service (LTS) government shall be to reserve and
helps them develop the ethics of protect its citizen
service and patriotism 2002-2003 – ROTC became optional
enhance the students’ participation and allowed students to choose from
ROTC, LTS, and CWTS.
in nation-building
Section 3.
Privacy of communication Section 8.
Lawful order of the court Right of the people, including those
Public safety or order requires employed in the public and private
otherwise, as prescribed by law. sectors, to form unions, associations, or
societies for purposes not contrary to law
Ex. Gloria Macapagal Arroyo - “ I AM shall not be abridged.
SORRY”
Section 9.
RA 4200 OR WIRE TAPPING LAW Private property shall not be taken for
o prohibits the unauthorized public use without just compensation.
interception or recording of any
private communication or spoken INHERENT POWERS OF THE STATE
word. 1. Police Power
o Any evidence obtained in to enact regulations for the health,
violation of this or the preceding safety and welfare of the public.
section shall be inadmissible for 2. Power of Taxation
any purpose in any proceeding. to impose and collect taxes
3. Power of Eminent Domain
FRUIT OF POISONOUS TREE to take private property for “public use”
o evidence that was illegally obtained so long as the government pays “just
compensation.
Section 4.
No law shall be passed abridging the Section 10.
freedom of speech, of expression, or of No law impairing the obligation of
the press, or the right of the people contracts shall be passed.
peaceably to assemble and petition the
government for redress of grievances. Section 11.
Free access to the courts and quasi-judicial
DEFAMATION bodies and adequate legal assistance shall
o saying or writing something about not be denied to any person by reason of
another person that hurts their poverty.
reputation
1. Libel - made in writing Section 12.
2. Slander- by verbal speaking Any person under investigation for the
commission of an offense shall have the
Section 5. RIGHT TO BE INFORMED OF HIS RIGHT to
No law shall be made respecting an remain silent and
establishment of religion, or prohibiting to have competent and independent
the free exercise thereof. counsel preferably of his own choice.
Right to religion If the person cannot afford the services of
counsel, he must be provided with one.
Section 6. These rights cannot be waived except in
The liberty of abode and of changing the writing and in the presence of counsel.
same within the limits prescribed by law No torture, force, violence, threat,
shall not be impaired except upon lawful intimidation,
order of the court. Neither shall the right Any confession or admission obtained in
to travel be impaired except in the violation shall be inadmissible
interest of national security, public law shall provide for penal and civil
safety, or public health, as may be sanctions
provided by law.
It can be denied or restricted: FRUIT OF POISONOUS TREE DOCTRINE
1. Lawful order of the court - evidence illegally obtained and shall be
2. National Security, Public Health, inadmissible in the court of law.
Public Safety is endangered
Section 13.
Section 7. All persons, except those charged with
The RIGHT OF THE PEOPLE TO offenses punishable by reclusion perpetua
INFORMATION on matters of public when evidence of guilt is strong, shall,
concern shall be recognized. before conviction, be bailable by sufficient
sureties, or be released on recognizance as would be helpful to him to appear in
may be provided by law. court.
RIGHT TO BAIL shall not be impaired even
when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not
be required. The judge may issue the following:
a. SUBPOENA - a document ordering a
Bail person to attend the court
o security required by the court b. SUBPOENA DUCES TECUM - a writ
o given by the accused to ensure that ordering a person to attend the court
the accused appear before the and bring relevant documents.
proper court at the scheduled time
and place to answer the charges 2. Innocent until proven guilty
brought against him. the accused shall be presumed
innocent until the contrary is
TYPES OF BAIL proved
1. Corporate Bond a speedy, impartial, and public
- one issued by a corporation licensed trial
2. Property bond
- an undertaking constituted as a lien on Section 15.
the real property given as security for The privilege of the writ of habeas corpus
the amount of the bond. shall not be suspended except in cases of
3. Recognizance invasion or rebellion, when the public
- an obligation of record entered into safety requires it.
usually by the responsible members of
the community before some court or WRIT OF HABEAS CORPUS - means
magistrate duly authorized to take it, that you have the right to make the
with the condition to do some particular government prove a judge that your
act, the most usual act being to assure arrest and detainment are justified.
the appearance of the accused for trial. - Official request to have your day in
4. Cash deposit — the money deposited by court
the accused or any person - Latin phrase “you may have the
Note: Any person accused of detained body”
has the right to invoke bail EXCEPT when
the crime committed is punishable by Section 16.
Reclusion Perpetua or imprisonment at All persons shall have the RIGHT TO A
least 20 yrs. and 1 day to the maximum SPEEDY DISPOSITION of their cases before
of 40 years all judicial, quasi-judicial, or administrative
bodies.
Section 14.
No person shall be held to answer for a Section 17.
criminal offense without due process of No person shall be compelled to BE A
law. WITNESS AGAINST HIMSELF.
After the defendant is arrested, booked
and a bail appearance is completed the Section 18.
defendant will then be arraigned. 1. No person shall be detained solely by
reason of his political beliefs and
ARRAIGNMENT aspirations.
- a hearing in which the defendant is 2. No involuntary servitude in any form
formally charged, the rights are read, and shall exist except as a punishment for a
the court will appoint an attorney if the crime whereof the party shall have been
defendant doesn't have one duly convicted.
- Plead Guilty Or Not Guilty of the crime he
is charged with RIGHT AGAINST INVOLUNTARY SERVITUDE
- refer to compulsory service or simply the
RIGHT TO COMPULSORY PRODUCTION OF modern day slavery.
WITNESS AND EVIDENCE
- the accused has the right to demand The new constitution prohibits invlountary
other people who have evidence that servitudes however there are exceptions:
A. Punishment of the crime
B. The case of personal, military or civil
service defense of the state
C. In compliance to work order issued by
DOLE
D. Army or naval enlistment
E. Exercise by parents on children ARTICLE IV
Section 19. Citizenship
1. Excessive fines shall not be imposed, Nationality
2. The employment of physical, o individual membership that
psychological, or degrading punishment shows a person's relationship
against any prisoner or detainee or the with the state
use of substandard or inadequate penal o The place or country where the
facilities under subhuman conditions individual has taken birth.
shall be dealt with by law. o A person can be national of
only one country.
Section 20. Citizenship
No person shall be imprisoned for debt or o political status, which states
non-payment of a poll tax. that the person is recognized
as a citizen of the country.
However, there are limitations: o Individual is registered as a
1. Creditors can still bring to the court to citizen by the government of
demand and enforce payment of your the country.
debts o A person can become a citizen
2. If the person is guilty of estafa he /she of more than one country.
will be sent to jail.
ESTAFA - crime of obtaining money SECTION 1.
dishonestly or by trickery. The following are citizens of the Philippines:
Those who are citizens of the
Section 21. Philippines at the time of the
No person shall be twice put in adoption of this Constitution;
jeopardy of punishment for the same
offense WAYS OF ACQUIRING PHILIPPINE
Double Jeopardy CITIZENSHIP:
- a person cannot be charged with a THERE ARE TWO (2) GENERALLY
same or identical crime when such RECOGNIZED FORMS OF ACQUIRING
person was already previously PHILIPPINE CITIZENSHIP:
convicted or acquitted of a similar
crime 1. FILIPINO BY BIRTH
- applied only on Criminal Cases A. JUS SOLI (RIGHT OF SOIL) - an automatic
Filipino citizen if you were born in
Section 22. Philippines soil or territory.
No EX POST FACTO LAW OR BILL OF B. JUS SANGUINIS (RIGHT OF BLOOD) -
ATTAINDER shall be enacted. you’re a Filipino citizen at birth by virtue
EX POST FACTO LAW- a law that of the nationality of your parents
applies to crimes that happened (mother or father) who are Filipinos. The
before the law has passed Philippine adheres to this principle.
BILL OF ATTAINDER- no due process 2. FILIPINO BY NATURALIZATION
of law- imposes punishment without - judicial act of adopting a foreigner and
trial clothing him with the privileges of a
native-born citizen.
“Nullum Crimen Nulla Poena Sine
Lege” KINDS OF CITIZEN
o There is no crime if there is no law 1. Natural Born Citizens - those who are
punishing it citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship.
2. Naturalized Citizens - those who are non- Section 1 hereof shall be deemed
filipino citizens from birth but who later natural-born citizens.
acquired Filipino citizenship through a
judgment of the court, an act of congress, SECTION 3.
or an administrative proceeding. Philippine citizenship may be lost or
reacquired in the manner provided
(2) Those whose fathers or mothers by law.
are citizens of the Philippines;
SECTION 4.
Chloe’s mom- illegitimate child of a filipina Citizens of the Philippines who marry
Chloe’s dad- american aliens shall retain their citizenship, unless
Take note: Child born of a Filipino father or by their act or omission they are deemed,
mother whether legitimate or illegitimate under the law, to have renounced it.
still a natural born Filipino
EFFECTS OF MARRIAGE TO A FOREIGNER
(3) Those born before January 17, Filipino Citizen who marry an alien
1973, of Filipino mothers, who elect shall retain citizenship unless they
Philippine citizenship upon reaching renounce citizenship
the age of majority; and
LOSS of Philippine Citizenship (CA No. 63)
(4) Those who are naturalized in LOSS OF CITIZENSHIP
accordance with law. You can lose it VOLUNTARILY or
Involuntarily
3 WAYS TO BECOME NATURALIZED
CITIZEN: VOLUNTARY/EXPATRIATION
In our jurisdiction, there are three kinds of - process of leaving your country and living
naturalization: a new life
1. Administrative Naturalization – RA 1. By naturalization in a foreign country
91393 or Administrative Naturalization Modified by RA 9225 (Citizenship
Law of 2000 Retention and Re-acquisition Act)
- applies to native born aliens who lived in 2. By express renunciation of
the Philippines all their lives or thought citizenship (Executing an affidavit
they were a Filipino expressly renouncing your citizenship)
3. By subscribing to an oath of allegiance
2. Judicial Naturalization - follows CA 473 to support the Constitution of a
or Revised Naturalization Law foreign country upon attaining 21
- if the foreigner not qualified in years of age.
Administrative Naturalization he will 4. By rendering service to or accepting
have to go through this kind of commission in the armed forces of a
naturalization. foreign country.