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LICEO DE CAGAYAN UNIVERSITY

COLLEGE OF LAW
Cagayan de Oro City

Course Outline: CONSTITUTIONAL LAW 1

Academic Year: 2020-2021

ATTY. ALPI ANDRO B. CABATINGAN

A. COURSE DESCRIPTION AND OBJECTIVES

An essential to Political Law, this subject will introduce the law students to
Governmental Powers of the Legislative, Executive, and Judiciary as well as the structure of
the Philippine Government under the 1987 Constitution. The power relations and interactions
between the different branches of the government which exercise them and the legal basis
for these powers and structure of the Philippine Government will be highlighted in this
course.

Law students are expected, at the end of the course, to have the fundamental
knowledge on these powers and structure of Philippine Government as embodied in the 1987
Philippine Constitution as applied by the Supreme Court of the Philippines in several relevant
and landmark cases or jurisprudence.

It is also the goal of this course to instill within the student utmost respect for the
“rule of law” and to inculcate in them the responsibility of becoming an active and responsive
member of the society.

B. METHOD OF LEARNING

Instructions in this course shall mainly be in SOCRATIC method, thus graded

recitations and lectures will be employed. Selected reading materials will also be given to the
students to emphasize on certain topics in Constitutional Law 1. The following are thus the
major learning activities in the course, inter alia: a) reading assignments b) inter-active and
graded class recitations c) interaction in various study groups where students may freely
share their ideas about current issues relating to powers and structures of government; and
d) attendance in symposia and/or lecture form.

C. EVALUATIVE MEASURES

1. There will be at least three (3) Major Examinations (Passing Percentage in all major
examination shall be 70%)
2. Graded Oral Examinations
3. Short Quizzes, Class Activities, and Paper Works (Position Papers, Memorandum, etc.)

D. FINAL GRADE COMPUTATION

If there are 3 Exams If there are 4 Exams

Major Examinations 75% 80%
Graded Oral Exams, etc. 25% 20%
100% 100%

Note: If short quizzes, paper works, etc. are given, the graded oral recitation shall always
constitute as 75% of the 25% or 20% as the case may be. The mechanics for the oral exams
will be explained in class.
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E. RUBRIC FOR ESSAY QUESTIONS

Knowledge & Understanding of applicable or relevant law/precept. 30%

Ability to apply law/precept to the fact/problem. 30%
Ability to Spot or Identify the legal or factual issue/s. 15%
Ability to Present the Answer in a logical and organized manner. 15%
Communication Skill. 10%
100%

F. MAIN SOURCES OF STUDY

1. Bernas, Joaquin G. “ The 1987 Constitution of the Philippines : A commentary”, (2009

ed.) (Rex Bookstore)
2. The 1987 Constitution and past constitutions.
3. Case Law
4. Related Statues, Rules and Regulations

G. REFERENCES

1. Cruz, Isagani “Philippine Political Law” latest edition (Central Book Supply)
2. Albano, Ed Vincent S. “Political Law Reviewer”
3. Sinco, “Philippine Political Law”

H. COURSE OUTLINE/SYLLABUS

“The end of the law is not to abolish or restrain, but to preserve and enlarge freedom”
-John Locke, The Second Treatise of Civil Government, Chapter 6 (1690)

I. GENERAL CONSIDERATIONS

Specific Learning Objectives

1. Nature and Scope of Political Law as a major law subject or field of law and the
important principles and philosophy in the study of Constitutional Law as a branch of
Political Science.
2. Meaning, nature, and functions of constitution in general and the Philippine
Constitution in particular, including the different methods of interpreting and
changing the same.
3. Nature, scope, and functions of Judicial Review power of the Supreme Court or
Judiciary as the final interpreter of the Philippine Constitution.

Time Allotted: 6 Hours (2 Weeks)

Read:

-Article XVII, 1987 Constitution

-Secs. 1, 4(2) & 5(2)(A), Article VIII, 1987 Constitution
-Assigned Cases

A. Political Law Defined

-Sinco, Philippine Political Law I
-Macariola v. Asuncion, 114 SCRA 77
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B. Branches of Political Law

C. Constitutional Law, defined

-Sinco, Philippine Political Law
-Types of Constitutional Law

D. Constitutional Democracy and Constitutionalism

E. Constitution, defined
-Sinco, Philippine Political Law

The Social Contract Theory (of Hobbes, Locke, & Rousseau)

Meaning of Constitution
Purpose and Role of a Constitution
The Doctrine of Supremacy of the Constitution
Classifications of Constitution
Essential Qualities of a Good Written Constitution
Methods of Constitutional Interpretation and Construction
-Francisco, Jr. vs. House of the Representatives, G.R. No. 160261,
November 10, 2003.

Presumptions in Constitutional Interpretation

Constitution is Self-Executing
-Collector of Customs vs. Villaluz, 71 SCRA 356
-Manila Prince Hotel vs. GSIS, G.R. No. 122156, Feb. 3, 1997
Constitution is Mandatory
Constitution is Prospective

Amendments and Revision

-Article XVII, 1987 Constitution

Methods of Changing the Constitution

Congress acting as Constituent Assembly
Constitutional Convention
People’s Initiative (Amendment only)
-Defensor Santiago vs. Comelec, G.R. No. 127325, March 19,
1997.
-Lambino vs. Comelec, G.R. No. 174153, October 25, 2006

Amendment vs. Revision

-Lambino vs. Comelec, supra.

Steps/Stages in Amendment/Revision Process

Proposal (3 methods)
-Lambino vs. Comelec, supra.
-In re Subido, 35 SCRA 1
-Imbong vs. Comelec, 35 SCRA 28

Ratification
-The Doctrine of Fair and Proper Submission
-Gonzales vs. Comelec, 21 SCRA 774
-Almario vs. Alba, 127 SCRA 69
-Occeña vs. Comelec, 95 SCRA 755
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-Tolentino vs. Comelec, 41 SCRA 702

Judicial Review of Amendments/Revisions

-Gonzales vs. Comelec, supra.

-Tolentino vs. Comelec, supra.
-Planas vs. Comelec, 49 SCRA 105
-Javellana vs. Executive Secretary, 50 SCRA 50
-Sanidad vs. Comelec, 73 SCRA 333

Theories on the Position of Constitutional Convention in relation to the

regular departments of the government.

Theory of Conventional Sovereignty

Inferiority of the Constitutional Convention
Independence and Co-equality
-Mabanag vs. Lopez Vito, 78 Phil. 1

F. The Constitution and the Judiciary

Judicial Power
-Sec. 1, Article VIII, 1987 Constitution

a. Judicial Power
b. Judicial Review
i. Ordinary Judicial Review (Constitutional Review)
ii. Expanded Judicial Review (Extraordinary Certiorari Jurisdiction)

-Bondoc vs. Pineda, 201 SCRA 792

The Doctrine of Supremacy of the Constitution

-Angara vs. Electoral Commission, 63 Phi. 139, July 15, 1936

How Judicial Review is exercised

-Sec. 1, 4(2) & 5(2) , Article VIII, 1987 Constitution
-Mirasol vs. Court of Appeals, G.R. No. 128448, Feb. 1, 2001

Functions of Judicial Review

Checking
Legitimating
Symbolic
-Salonga vs. Paño, 134 SCRA 438, February 18, 1985
-Acop vs. Guingona, G.R. No. 134855, July 2, 2002

Requisites of Judicial Review

-Imbong vs. Ochoa, Jr. G.R. No. 204819, April 8, 2014

a. Actual Case or Controversy; Ripeness of Controversy

-PACU vs. Secretary of Education, 97 Phil. 806 (page 138)
-Tan vs. Macapagal, 43 SCRA 678
-Dumlao vs. Comelec, 95 SCRA 392
-Lacson vs. Perez, G.R. No. 147780, May 10, 2001
-Enrile vs. Senate Electoral Tribunal and Pimentel, G.R. No. 132986, May 19, 2004
-Ople vs. Torres, 293 SCRA 141 (page 59)