Constitutional Law 104

(Assignment for Nov. 15, 2019)

(a) Read: Section 1, Art. III, 1987 Constitution (pp. 100-166, Bernas, 2009 ed.).

(b) Announcement: The 2019 Constitutional Law 104 Syllabus is now on its final phase of
revision. Those who wish to avail of the same, kindly submit your names to your Class President.
(c) Assigned Cases [Digests due on Nov. 15, 2019]
Police Power
 Is Davao City Ordinance No. 0309-07 unconstitutional for being unreasonable, oppressive,
and an invalid exercise of police power?
Mosqueda vs. Filipino Banana Exporters, G.R. No. 189185, August 16, 2016
 Is Torre de Manila a nuisance per se that deserves to be summarily abated even without
judicial proceedings?
Knights of Rizal vs. DMCI Homes Inc., G.R. No. 213948, April 25, 2017
 Is Ordinance No. 092-2000 a valid exercise of police power?
Evasco vs. Montañez, G.R. No.199172, Feb. 21, 2018
 What is the Public Trust Doctrine?
 Is the Clean Water Act a valid exercise of police power?
Maynilad vs. DENR, G.R. No. 206823, August 6, 2019
Substantive Due Process
 Is the K to 12 law (R.A. No. 10533) violative of substantive due process?
CoTesCUP vs. Sec. of Education, G.R. No. 216930, etc., Oct. 09, 2018
Procedural Due Process
 Whether or not Section 2 of the Judicial Affidavit Rule, which requires a defendant to
adduce his testimony and that of his witnesses by judicial affidavits, is violative of
procedural due process?
Lagon vs. Velasco, G.R. No. 208424, Feb. 14, 2018
 Did the non-inhibition of six (6) justices deprive Sereno of a hearing before an impartial
and disinterested tribunal?
Republic vs. Sereno, G.R. No. 237428, May 11, 2018
 Did the denial of petitioner’s motion for reinvestigation violate procedural due process?
Palacios vs. People, G.R. No. 240676, March 18, 2019
 Was Maynilad denied due process when SENR imposed a fine without a valid complaint?
Maynilad vs. DENR, G.R. No. 206823, August 6, 2019
 Was the petitioner afforded due process?
Aguirre vs. Nieto , G.R. No. 220224, August 28, 2019

Equal Protection Clause

 Is the “women’s honor” doctrine (Maria Clara doctrine) a travesty of justice as it puts the
accused in an unfair disadvantage?
People vs. Amarela, G.R. No. 225642-43, Jan. 17, 2018
 Is the “women’s honor” doctrine (Maria Clara doctrine) a travesty of justice as it puts the
accused in an unfair disadvantage?
People vs. Amarela, G.R. No. 225642-43, Jan. 17, 2018
 Is the K to 12 law (R.A. No. 10533) violative of the equal protection of the laws?
CoTesCUP vs. Sec. of Education, G.R. No. 216930, Oct. 09, 2018
Void-for-Vague and Overbroad
 What is the “void-for-vagueness” doctrine and where is it applicable?
 Whether or not Proclamation No. 216 is vague and thus void because of (a) its inclusion
of "other rebel groups"; and (b) the absence of any guideline specifying its actual
operational parameters within the entire Mindanao region?
Lagman vs. Medialdea, G.R. No. 231658, July 4, 2017
 Are the Curfew Ordinances void-for-being vague?
 Did the Curfew Ordinances passed the first and second prong of strict scrutiny test?
SPARK vs. Quezon City, etc., G.R. No. 225442. Aug.8, 2017
 Is the Immigration and Nationality Act, insofar as defining “crime of violence, void for
being vague?
Sessions vs. Dimaya, SCOTUS No. 15–1498, Oct. 2, 2017
(d) Prepare for a short quiz.