You are on page 1of 11

Constitutional Law 1/ Political Law Syllabus

First Semester, S.Y. 2014-2015


Judiel M. Pareja LLb, BSEd (Physics-Math)
Course Number: JD 113
Course Description: A course aimed in examining the structure and powers of the Philippine government in light of the present 1987 Constitution.
Course Credit: 3 units
General Objectives:
The students are expected:
1.
To appreciate the events that led to the development of the current organic law
2.
To examine the structure of the Philippine government and the study the powers of each department
3.
To appraise the latest rulings of the Supreme Court and related laws on political law
4.
To hone their skills in preparing memorandum, legal opinion and pleadings required in law practice
5.
To be immersed in the challenges faced by the community through projects that make them fully engaged with their classmates and local stakeholders
including the government
Textbook: Cruz, Isagani A.: Philippine Political Law, 2002
References:
Bernas, Joaquin G.: Constitutional Structure and Powers of Government Notes and Cases (Part1), 2010
Nolledo, Jose N.: The New Constitution of the Philippines Annotated, 1997
SPECIFIC OBJECTIVES
1.
2.
3.

4.
5.

To acquaint the students of the


coverage of the course
To trace the roots of the
present constitution
To
define
what
is
a
constitution,
explain
the
different classifications of an
organic law and enumerate
the parts of a constitution
To know what are the basic
rules in the construction of the
constitution
To understand the process of
revising or amending the
constitution

CONTENTS
I.

II.
III.

IV.
V.

TIME ALLOTMENT

Introduction
3 hours
A. Scope of Political Law
B. Necessity of the Study
C. Basis of the Study
Early Organic Laws
Constitution
A. Definition
B. Classifications
C. Parts
D. Characteristics or Requisites of a
Good Constitution
Interpretation of the Constitution
Amendment Process
A. Amendment vs. Revision
B. Procedure

STRATEGIES/ACTIVITIES

READING MATERIALS

Freedom Board
Oral Recitation
PowerPoint Presentation
Quiz
Schematic Diagramming

Macariola vs. Asuncion, 114


SCRA 77
Javellana
vs.
Executive
Secretary, 50 SCRA 30
Santiago
vs.
COMELEC,
March 19, 1997
Lambino vs. COMELEC, Oct.
25, 2006
Tolentino vs. COMELEC, 41
SCRA 702

1. Proposal
a. By Congress
b. By
a
Constitutional
Convention
c. By the People thru Initiative
2. Ratification
Doctrine of Proper Submission
1. To
determine
the
good
qualities
of
the
present
Philippine constitution
2. To differentiate a constitution
from a statute
3. To know what is the nature of a
preamble and discuss its
importance
4. To explain what is a state and
enumerate its elements
5. To discuss the Doctrine of
State Immunity

VI. The 1987 Constitution


3 hours
A. Outstanding Features
B. Supremacy of the Constitution
C. Preamble
VII. The Concept of a State
A. Definition
B. Elements
1. People
2. Territory
3. Government
a. Functions
b. Doctrine of Parens Patriae
c. De Jure and De Facto
Governments
d. Administration
4. Sovereignty
C. Act of State Doctrine
VIII. The Doctrine of State Immunity

Oral Recitation
PowerPoint Presentation
Quiz
Research Paper

Magallona vs. Ermita, 655


SCRA 476
Cabaas vs. Pilapil, 58 SCRA
94
People vs. Radam, May 31,
1994
PCGG vs. Sandiganbayan,
530 SCRA vs. 13
Callado vs. IRRI, 244 SCRA
210
The Holy See vs. Rosario, 238
SCRA vs. 524
Republic of Indonesia vs.
Vinzon, June 26, 2003
US vs. Reyes, March 1, 1993
EPG Construction Co., et al.
vs. Hon. Gregorio Vigilar, et
al., March 16, 2001
DEPED vs. Oate, 524 SCRA
200
Republic vs. Sandiganbayan,
484 SCRA 119
Republic vs. Hidalgo, 534
SCRA 619
NHA vs. Heirs of Guivelondo,
June 19, 2003
Republic vs. Unimex MicroElectronics, March 9, 2007
PTA vs. PGDE, Inc., March 19,
2012
CNMEG vs. Hon. Santamaria,
Feb. 7, 2012

1. To know what are the


fundamental principles and
state policies of the present
organic law
2. To determine whether the
principles or policies are selfexecuting or not

VIII. Fundamental Principles and State 3 hours


Policies
A. Republicanism
B. The Defense of the State
C. The Incorporation Clause
D. Rearing of the Youth
E. Women
F. Social Justice
G. Balanced Ecology
H. Separation of Church and State
I. Supremacy of Civilian Authority
J. Encouragement
of
NonGovernmental, Community Based
or Sectoral Organizations
K. Local Autonomy
L. Indigenous Cultural Communities
M. Economy
N. Honesty and Integrity in Public
Service
O. Full Disclosure of All State
Transactions
involving
Public
Interest
P. Equal Access to Opportunities for
Public Service

Group Creative Reporting


Oral Recitation
Quiz

Pharmaceutical and Health


Care Association of the
Philippines vs. Duque III, 535
SCRA 265
Oposa vs. Factoran, Jr., 224
SCRA 792
The Diocese of Bacolod vs.
COMELEC, Mar 19, 2013
Pierce vs. Society of Sisters,
262 U.S. 510
Taada, et al. vs. Angara, et
al., 82 SCAD 241
Cruz vs. DENR Secretary,
Dec. 6, 2000
Pamatong vs. COMELEC,
April 13, 2004

1. To know the rationale behind


the principle of separation of
powers
2. To know when a question is
justiciable or not
3. To
determine
when
a
delegated
power
is
permissible

IX. Separation of Powers


3 hours
A. Purposes
B. Principle of Checks and Balances
C. Political Questions Doctrine
X. Delegation of Powers
A. Permissible Delegation
1. Tariff Powers
2. Emergency Powers
3. Delegation to the People
4. Delegation
to
Local
Governments
5. Delegation to Administrative
Bodies
B. Tests of Delegation
1. The Completeness Test

Message Relay
Oral Recitation
Group Quiz Bowl

Belgica
vs.
Executive
Secretary Ochoa, November
11, 2013
In Re: Production of Court
Records and Documents and
the Attendance of Court
Officials and Employees,
Feb. 14, 2012
Office
of
the
Court
Administrator vs. Reyes, 621
SCRA 511
Senate of the Philippines vs.
Ermita, 488 SCRA 1
Baker vs. Carr, 369 US 186
Casibang vs. Aquino, 92

2. The Sufficient Standard Test

1. To know the structure of the


legislative department
2. To enumerate and explain the
powers of the legislature
3. To understand how a bill is
enacted into a law
4. To know the perquisites,
inhibitions and immunities of a
member of the legislative
department

XI. The Legislative Department


9 hours
A. The Senate
1. Composition
2. Qualifications
3. Terms
B. The House of Representatives
1. Composition
a. District Representatives
b. Party-list Representatives
2. Qualifications
3. Terms
C. Election
D. Salaries
E. Parliamentary Immunities
1. Privilege from Arrest
2. Privilege of Speech and Debate
F. Conflict of Interests
G. Incompatible and Forbidden Offices
H. Inhibitions and Disqualifications
I. Sessions
J. Officers

SCRA 642
Daza vs. Singson, 180 SCRA
496
Sanidad vs. COMELEC,73
SCRA 333
COCOFED vs. Republic, Jan.
24, 2012
Carbonilla vs. Board of Airline
Representatives, 657 SCRA
775
Cervantes vs. Auditor General,
91 Phil. 359
US vs. Ang Tang Ho, 43 Phil.1
Ynot vs. IAC, 148 SCRA 659
Pelaez vs. Auditor General, 15
SCRA 569
Pp vs. Judge Dacuycuy, May
5, 1989
Interview
Oral Recitation
PowerPoint Presentation
Quiz

Social Justice Society vs.


Dangerous Drugs Board, Nov.
3, 2008
Rep Danilo Ramon Fernandez
vs. HRET, Dec. 21, 2009
Amores vs. HRET, 622 SCRA
593
Mariano, Jr. vs. COMELEC,
March 7, 1995
Sema vs. COMELEC, July, 16,
2008
Aldaba vs. COMELEC, 611
SCRA vs. 137
Aquino III vs. COMELEC, 617
SCRA 623
Bagabuyo vs. COMELEC, 573
SCRA 290
Banat vs. COMELEC, 586
SCRA 210 and 592 SCRA 294
Ang Ladlad LGBT Party vs.
COMELEC, April 8, 2010

K.
L.
M.
N.
O.
P.
Q.

Quorum
Discipline of Members
Journals
Adjournment
The Electoral Tribunal
Organization
Powers
1. Legislative Power in General
a. Definition
b. Procedure
c. Origin of Bills
d. Prohibited Measures
e. Title of Bills
f. Formalities
g. Approval of Bills
2. Legislative Inquiries
3. The Power of Appropriation
4. The Power of Taxation
5. The Power of Concurrence
6. The War Powers
7. Referendum and Initiative

Atong Paglaum, Inc. vs.


COMELEC, April 2, 2013
Trillanes IV vs. Pimentel, Sr.,
556 SCRA 471
Pobre vs. Defensor-Santiago,
597 SCRA 1
Liban vs. Gordon, 639 SCRA
709
Pimentel
vs.
Senate
Committee of the Whole, 644
SCRA 741
Santiago vs. Guingona, Nov.
18, 1998
Kida vs. Senate of the
Philippines, 659 SCRA 270
Tobias vs. Abalos, 239 SCRA
106
Phil. Judges Association vs.
Prado, 227 SCRA 703
Mabanag vs. Lopez Vito, 78
Phil. 1
Gonzales vs. Macaraig, Nov.
19, 1990
Neri vs. Senate Committee on
Accountability
of
Public
Officers and Investigations,
549 SCRA 77 and 564 SCRA
152
Standard Chartered Bank vs.
Senate Committee on Banks,
Financial
Institutions
and
Currencies, 541 SCRA 456
Abakada Guro Party-list vs.
Purisima, 562 SCRA 251
Tolentino vs. Sec. of Finance,
August 25, 1994
Garcia vs. Mata, 65 SCRA 523
Guingona vs. Carague, 196
SCRA 221
Sanchez vs. COA, 552 SCRA

471
Araullo vs. Aquino III, February
03, 2015
1. To be familiar of the structure
of the executive department
2. To determine the powers of
the president and vicepresident
3. To know the perquisites,
inhibitions and immunities of a
member of the executive
department

XII. The Executive Department


A. Qualifications
B. Election and Proclamation
C. Term
D. The Vice-President
E. Presidential Succession
F. Oath of Office
G. Perquisites and Inhibitions
H. Presidential Immunity
I. Powers
1. Executive Power in General
2. The Appointing Power
3. The Control Power
4. The Take Care Clause
5. The Military Power
6. The Barrowing Power
7. The Diplomatic Power
8. The Budgetary Power
9. The Informing Power
10. Other Powers

6 hours

Case Analysis (Library Work)


Debate (Parliamentary vs.
Presidential)
Group Stations
Oral Recitation
Quiz

Poe, Jr. vs. Arroyo, March 29,


2005
Legarda vs. De Castro, 542
SCRA125
Macalintal vs. PET, 635 SCRA
783 and 651 SCRA 239
Estrada vs. Desierto, 353
SCRA 452
Public Interest Center, Inc. vs.
Elma, 494 SCRA 53 and 517
SCRA 336
Marcos vs. Manglapus, Sept.
15, 1989
Sarmiento vs. Mison, 156
SCRA 549
Pimentel vs. Ermita, Oct. 13,
2005
Kida vs. Senate of the
Philippines, ibid
Ganzon vs. CA, 200 SCRA
271
Kilusang Mayo Uno vs. Ermita,
et al., April 19 and June 20,
2006
Tondo
Medical
Center
Employees Association vs.
CA, 527 SCRA 746
Biraogo vs. Truth Commission
of 2010, 637 SCRA 78
David vs. Arroyo, May 3, 2006
Ampatuan vs. Puno, 651
SCRA 228
Fortun vs. Macapagal-Arroyo,
March 20, 2012
Gudani vs. Senga, 498 SCRA
671

Province of North Cotabato vs.


Government of the Republic of
the Philippines Peace Panel
on Ancestral Domain (GRP),
568 SCRA 402
Bayan Muna vs. Romulo, 641
SCRA 244
Constantino and the Freedom
From Debt Coalition vs.
Cuisia, et al. 472 SCRA 505
People vs. Salle, 250 SCRA
581
Laurel vs. Garcia, 187 SCRA
797
1. To understand how does the
judicial
system
of
the
Philippines work
2. To know the structure of the
judiciary and discuss the
powers of the court
3. To know when the court will
hear
and
decide
a
constitutional question
4. To determine the effects of
declaration
of
unconstitutionality by the court

XIII. The Judicial Department


6 hours
A. Independence of the Judiciary
B. Judicial Power in General
C. Jurisdiction
D. Appointments
1. Qualifications
2. The Judicial and Bar Council
E. Fiscal Autonomy
F. Composition of the Supreme Court
1. En Banc Cases
2. Division Cases
G. Requisites of Judicial Inquiry
1. Actual Case
2. Proper Party
3. Earliest Opportunity
4. Necessity
of
Deciding
Constitutional Question
H. Effects
of
Declaration
of
Unconstitutionality
I. Powers of the of the Supreme
Court
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Temporary
Assignment
of
Judges

Court Visit
Oral Recitation
PowerPoint Presentation
Quiz

Diaz vs. CA, Dec. 5, 1994


Chavez vs. JBC, April 16,
2013
Re: Petition for Recognition of
the
Exemption
of
the
Government
Service
Insurance
System
from
Payment of Legal Fees, 612
SCRA 193
Sothern
Hemisphere
Engagement Network, Inc. vs.
Anti-Terrorism Council, 632
SCRA 146
Estarija vs. Ranada, 492
SCRA 652
Moldex
Realty, Inc.
vs.
HLURB, 525 SCRA 198
Planters Products, Inc. vs.
Fertiphil Corporation, 548
SCRA 485
Castro vs. Deloria, 577 SCRA
20
In Re: Undated Letter of Mr.
Louis C. Biraogo, Petitioner in
Biraogo vs. Nograles and

J.
K.
L.
M.
N.
O.
1. To determine the constitutional
safeguards that ensures the
independence of the three
commissions
2. To know composition and
qualifications of the members
of
the
constitutional
commissions
3. To familiarize the powers of
the
different
independent
commissions

4. Change of Venue or Place of


Trial
5. Rule-making Power
6. Appointment
of
Court
Personnel
7. Administrative Supervision of
Courts
Tenure of Judges
Consultations of the Court
Decisions of the Court
Salaries of Judges
Periods of Decisions
Annual Report

XIV. The Constitutional Commissions


3 hours
A. The Civil Service Commission
1. Composition and Qualifications
2. Scope of the Civil Service
3. Appointments
4. Security of Tenure
5. Partisan Political Activity
6. Self-organization
7. Temporary Employees
8. Objectives of the Civil Service
9. Oath
10. Disqualifications
11. Standardization
of
Compensation
12. Double Compensation
B. The Commission on Elections
1. Composition and Qualifications
2. Powers and Functions
a. Enforcement of Election
Laws
b. Decision
of
Election
Contests
c. Decision of Administrative
Questions
d. Deputization
of
LawEnforcement Agencies

Limkaichong, 580 SCRA 106


Re: EM No. 03-010 Order of
the
First
Division
of
COMELEC dated Aug. 15,
2003, A.M. No. 03-8-22 SC,
Sept. 16, 2003

Creative Group Teaching


Oral Recitation
Quiz

Ombudsman vs. CSC, Feb.


16, 2005
CSC vs. DBM, July 22, 2005
Pedragoza vs. COMELEC,
496 SCRA 513
Civil Service Commission vs.
Sojor, 554 SCRA 160
Macalintal vs. COMELEC, July
10, 2003
Seeres vs. COMELEC, 585
SCRA 557
Atienza, Jr. vs. COMELEC,
612 SCRA 761
Gaminde vs. COA, December
13, 2000
Philippine Society for the
Prevention of Cruelty to
Animals vs. COA, 534 SCRA
112
Boy Scouts of the Philippines
vs. COA, 651 SCRA 146
PDIC vs. COA, 546 SCRA 473
Commission on Audit vs. Link
Worth International, Inc., 581
SCRA 501
Veloso vs. COA, 656 SCRA

e. Registration of Political
Parties
f. Improvement of Elections
3. Election Period
4. Party System
5. Funds
6. Judicial Review
C. The Commission on Audit
1. Composition and Qualifications
2. Powers and Functions
3. Prohibited Exemptions
4. Report
1. To know what are the
measures in the highest law
that will give life to the adage:
Public office is a public trust
2. To determine the powers of
the different agencies in the
government that are tasked to
ensure
transparency
and
accountability of public officers
and employees

XV. Accountability of Public Officers


3 hours
A. Impeachment
1. Impeachable Officers
2. Grounds for Impeachment
3. Procedure
4. Impeachment and Criminal
Prosecution
B. The Sandiganbayan
C. The Ombudsman
D. The Special Prosecutor
E. Commission on Human Rights
F. Presidential Commission on Good
Government
G. Sequestration

767

Creative Group Teaching


Oral Recitation
PowerPoint Presentation
Term Paper

Romulo vs. Yiguez, 141


SCRA 263
In Re: Raul M. Gonzales, 160
SCRA 771
Estrada vs. Desierto, 353
SCRA 452 and 356 SCRA 108
Francisco vs. The House of
Representatives, et al., Nov.
10, 2003
Office of the Ombudsman vs.
CA, 452 SCRA 714
Gutierrez vs. The House of
Representatives, Feb. 15,
2011
Balmadrid vs. Sandiganbayan,
March 22, 1991
Gonzales III vs. Office of the
President, September 04,
2012
Ombudsman vs. CSC, July 30,
2007
Ombudsman vs. Rodriguez,
July 23, 2010
Acop vs. Ombudsman, Sept.
27, 1995
Cario vs. CHR, 204 SCRA
483

Presidential Committee on
Behest Loans vs. Desierto,
October 25, 1999
Course Requirements:
The students will be principally called for recitation on the assigned topics. Assignment will be based on the syllabus and assignment list . The assignment will be
based on the textbook, suggested additional readings
and the applicable cases. A lecture will be conducted, as may be necessary, to clarify the issues and discussions
on the topics covered thereby.
The students will be principally evaluated through their performance in classroom recitation, reports, paper, projects, assignments, and the preliminary, midterm
and final examinations. In turn, the students will have the chance to give suggestions and share their insights on the teaching style and methods of instruction of the
professor through a mid-term evaluation. They will be
asked to evaluate anonymously the professor in writing and to suggest approaches in improving instruction
methodology.
Evaluative Measures:
The official grading system of the University of Cebu - College of Law will be followed.
A semester has two grading periods Mid-term and Final. The students are rated accordingly. Test scores in the Preliminary examinations
will form part of
the Mid-Term grade. Similarly, test scores in the Pre-final examination or its equivalent shall form part of the Final Grade. The Mid-term and Final grades are added and the
sum is divided by two to arrive at the FINAL SEMESTRAL GRADE to be reflected in
the grade sheet. The periodic grading of students is based in the following
distribution:
Mid-Term and/or Final Examination
60%
Preliminary /Pre-Final Exam, Recitation,
Quizzes, Reports, Research, Projects
40%
TOTAL
100%
The grading system of the UC College of Law is as follows:
FINAL GRADE
95-100
90-94
80-89
76-79
75
74 and below
DR
NG
W

EOUIVALENT
1.0
1.5 1.1
2.5 1.6
2.9 2.6
3.0
5.0
Dropped
No Grade
Officially Withdrawn

INDICATION
Excellent
Very Good
Good
Fair
Passing
Failure

10

NA

Not Attending from the Start

Prepared by:

ATTY. JUDIEL M. PAREJA


Law Professor
Approved by:

ATTY. BALDOMERO C. ESTENZO


Dean

11