San Beda University College of Law COURSE SYLLABUS COURSE CODE: COURSE TITLE: CONSTITUTIONAL LAW I COURSE CREDIT: 3 UNITS COURSE PREREQUISITEYS NONE FACULTY: ATTY. LUIS MANUEL U. BUGAYONG EMAIL ADDRESS: Ibugayong@sanbeda.edu.ph TERM/ACADEMIC YEAR: FIRST SEMESTER - SCHOOL YEAR 2020-2021 DAY/TIME/ROOMISECTION: COURSE DELIVERY MODE: FULL ONLINE CONSULTATION DAY/TIME: COURSE DESCRIPTION: A comprehensive study of basic concepts, the constitutional framework of the Republic of the Philippines, its three (3) branches of government, with their structure, powers and inter-relationship, the Constitutional Commissions, and the basic principles underlying the system of government. COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs) Know and understand the Constitution, its provisions, and the basic concepts and principles, and develop and enhance critical and analytical thinking, effective written and oral communication, logical reasoning, and sound judgment, and exercise of proper professional and ethical responsibilities. LEARNING OBJECTIVES/OUTCOMES (LOs) Knowledge/Remembering: define, list, recognize Comprehension/Understanding: describe, explain, identify, recognize Application/Applying: choose, demonstrate, implement, perform ‘Analysis/Analyzing: analyze, categorize, compare, differentiate Evaluation/Evaluating: assess, critique, evaluate, rank, rate ‘Synthesis/Creating: construct, design, formulate, organize, synthesize ABWALNN Upon completion of the Constitutional Law I Course, the student is expected to be able to: Expected College of Law Graduate LEARNING OUTCOMES (LOs) Attributes (ELGAs) | Critical and analytical | LOI. Explain, during class recitation and discussion, the basic thinking framework of the Republic of the Philippines under the 1987Effective in written and oral communication Logical reasoning ‘Sound judgment Exercise of proper professional and ethical responsibilities | Constitution, the composition and powers of the branches of government, and the different Constitutional principles relative to governmental administration | 1LO2. Analyze the practical and Constitutional implications of current | and proposed statutes, regulations, judicial rulings, legal arguments, | and strategies to the workings and operation of the government. LOS. Assess the Consttutionality of current and proposed | governmental action in consideration of the policies sought to be | achieved. 104, Utilize legal research tools to gather information that aids in the | analysis of legal issues in submitting Position Paper that could serve | as a basis of governmental policies. | ASSESSMENT/GRADING SYSTEM: The student will be graded according to the following: [ Percentage (Weigh is based Requirements (Based on the Learning Outcomes) | Scope of Wark | 5, 4p (Individual) | ° importance of the LO) LOT } Class recitations, Quizzes, Case Digests, Individual LO2_} and discussion Individual 103 Individual 1LO4 -- Research Paper, Case Study Individual/ Group Class standing before Midierms Individual 16.67% Midterm Exams Individual 16.67% Class Standing after Midterms Individual 33.33% Final Exams Individual 33.33% [ TOTAL 100 LEARNING PLAN: Design or the structure of the course that includes content/topics to be covered; Tearning resources to be used; weekly schedule of the topics to be taken up; and the learning methods to be utilized that are most likely to lead students towards the goals and learning outcomes that were defined.WEEK/ LEARNING | DATE METHODS TOPIC/CONTENT —_| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (print and non-print | each Topic, | or deployed by the the major topics is based ona | materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the the entire conditions for | semester) learning) Course Introduction * Course overview Syllabus 241028 | Lecture * Course assignments August 2020 | Discussion * Course requirements | MODULE 1: 31 August | * Recitation 1. The Constitution + Textbooks to 04Sept. | * Case study & 2020 reporting * Basic Concepts & | « Supreme Court Decisions: * Discussion/lecture | Principles * Quiz * Political Law- concept; |_> People v. Perfecto (43 scope Phil 887) © Constitutional Law and Constitution > Macariola v. Asuncion (114 SCRA 7) © Effectivity of the » De Leon v. Esguerra Constitution IG.R. No. 78059, ‘August 31, 1987] ‘© Rules on Interpreting > Manila Prince Hotel v. Doubtful Provision of GSIS [G.R. No. the Constitution 122156, February 3, 1997] > Francisco v. House of Representatives [G.R. Z No, 160261, November * Recitation 10, 2003] O7t011 | * Case study & September | reporting 2020 | * Discussion/lecture endments & Revi * Textbooks Quiz * Source of Power to Propose Changes to the Constitution «Proposal © Article XVII, 1987 Constitution ‘© Republic Act No. 6735WEEK/ LEARNING DATE METHODS TOPIC/ICONTENT —_| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (print and non-print | each Topic, | or deployed by the the major topics is based on a materials and online/ Assign, teacher to bring logical order) ‘open-access resources) Exam for | about, or create the the entire conditions for semester) learning) > Amendment v. | Supreme Court Decisions Revision > Gonzales v. COMELEC ® Modes of [G.R. No. L-28196, Proposing November 9, 1967] Amendments or > Imbong v. COMELEC Revision [G.R. No. L-32432, > Requirements for September 11, 1970] Proposals > Santiago v. COMELEC IGR. No. 127325, + Ratification March 19, 1997] > Doctrine of Proper | >» Occena v. COMELEC Submission [GR No. 56350, April > Requirements for 2, 1981] Ratification > Tolentino v. COMELEC [G.R. No. L-34150, October 16, 1971] > Sanidad v. COMELEC IGR. No. L-44640, October 12, 1976] > Province of Cotabato v. The Gov't. of the RP Peace Panel on Ancestral Domain IG.R. No. 183591, October 14, 2008] > Lambino v. COMELEC [G.R. No. 174153, October 25, 2006] Lambino v. COMELEC IGR. No. 174153, November 21, 2006]WEEK/ LEARNING DATE METHODS TOPIC/CONTENT LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | __ (print and non-print each Topic, | or deployed by the the major topics is based ona | materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the the entire conditions for semester) learning) MODULE 2: Concept of the State 14 to18 | * Recitation State v. Country September | * Case study & 2020 reporting ‘+ Elements of State * Textbooks * Discussion/lecture > Territory * Quiz > People * Article I, 1987 Constitution > Government = Constituent v. Ministrant = Doctrine of Parens Patriae = De Jure and Kinds of De Facto Government > Sovereignty = Nature and Characteristics * Effect of Belligerent Occupation = Concept of Auto- Limitation ‘© Republic Act No. 3046 ‘* Republic Act No. 5446 ‘© Republic Act No. 9522 © United Nations Convention ‘on the Law of the Sea (UNCLOS) * Sec. 1, Article IV, 1987 ‘Constitution © Chapter 2, Book I, Administrative Code of 1987 # Sec. (1), Administrative Code of 1987 # PCA Case N°2013-19, “In the Matter of the Sou China Sea Arbitration” Between the Republic of the Philippines and the People’s Republic of China * Supreme Court Decisions: 5WEEK/ LEARNING DATE METHODS TOPIC/CONTENT _| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (print and non-print_—_| each Topic, | or deployed by the the major topics is based on a| materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the the entire conditions for semester) learning) > Collector of Internal Revenue v. Campos Rueda [G.R. No. L- 13250, October 29, 1971} > Magallona v, Ermita [G.R. No. 187167, 16 August 2011] > Edu v. Ericta (G.R. No. 32069, October 24, 1970] Bacani v. National Coconut Corporation, GR. No. 1-9657, ‘November 29, 1956] > Philippine Virginia Tobacco Administration v. Court of Industrial Relations, 65 SCRA 416 > Gov't of the Philippine Islands v. Monte de Piedad, 35 SCRA 738 > Cabafas v. Pilapil, 58 SCRA 94 Co Kim Cham v. Valdez Tan Keh, 75 Phil. 113 > Laurel v. Misa, 77 Phil 856 Rufly v. Chief of Staff, 75 Phil. 875 > People v. Gozo [G.R No. L-36409, October 26, 1973] > People v. Perfecto, 43 Phil. 887 v v vf WEEK/ LEARNING | DATE METHODS TOPIC/CONTENT LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | __ (print and non-print each Topic, | or deplayed by the the major topics is based ona | materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the | the entire conditions for cee semester) | learning) > Macariola v. Asuncion, 114 SCRA 77 > Vilas v. City of Manila, | 229 US 345 > Peralta v. Director of Prisons, 75 Phil. 285 > Alcantara v. Director of Prisons, 75 Phil. 749 | MODULE 3: | | State Immunity 21to25 | * Recitation September | * Case study & © Concept of State | Textbooks 2020 reporting Immunity Tests if Suit is Against the State Suit Against Public Officers Suit Against Government Agencies > Incorporated —v. Unincorporated > Local Government Units Suit Against Foreign State and International Organizations Consent to be Sued > Express v. Implied > Scope of Consent - Suability v. Liability # Sec. 3, Article XVI, 1987 Constitution # Act No. 3083 * Commonwealth Act No. 327, as amended by Presidential Decree No. 1445 © Supreme Court Decisions: > Philippine Agila Satellite, Inc. v. Lichauco, et al. [G.R. No. 134887, July 27, 2006] > Republic v. Sandoval [G.R. No. 84607, March 19, 193] > United States of America v. Guinto Discussion/lecture QuizWEEK/ LEARNING DATE METHODS TOPIC/ICONTENT —_| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (print and non-print | each Topic, | or deployed by the the major topics is based ona | materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the the entire conditions for a semester) learning) [G.R. No. 76607, + Remedies February 26, 1990] > Sanders v. Veridiano, 162 SCRA 88 > Vinzons-Chato v. Fortune Tobacco Corporation [G.R. No. 141309, December 23, 2008] > Department of Health v, Philippine Pharmawealth [G.R. No. 182358, February 20, 2013] > Shauf v. Court of Appeals [G.R. No. 90314 November 27, 1990] > Wylie v. Rarang [GR. No. 74135, May 28, 1992] > Republic v. Sandiganbayan [G.R. No. 142476, March 20, 2001] > United States of ‘America v. Reyes [G.R. No, 79253, March 1, 1993] Department of Health Secretary v. Philippine Pharmawealth [G.R No, 169304, March 13, 2007) Rayo v. CFI of Bulacan, 110 SCRA 460 Air Transportation Office v. Spouses v v v 8WEEK/ DATE TOPIC/CONTENT —_| LEARNING RESOURCES | (Schedule of (arrangement or sequence of | (print and non-print | each Topic, the major topics is based on a| materials and online/ Assign, logical order) open-access resources) | Examfor | about, or create the the entire conditions for semester) learning) Ramos, G.R. No. 159402, 23 February 2011 > Municipality of San Fernando v. Firme 195 SCRA 692 > Bureau of Printing v. Bureau of Printing Employees Association, 1 SCRA 340 > Mobil Philippines v. Customs Arrastre Services Division, 18 SCRA 1120 > Merritt v. Government of the Philippines Islands, 34 Phil. 311; > Department of Agriculture v. NLRC, 227 SCRA 693 > Amigable v. Cuenca, 43 SCRA 460 EPG Construction v. Secretary Vigilar, G.R. No. 131544, 16 March 2001; > Froilan v. Pan Oriental Shipping, G.R. No. L- 6060, 30 September 1950; > Lim v. Brownell, 107 Phil. 345; > United States v. Ruiz,136 SCRA 487, > Holy See v. Rosario [G.R.No. 101949, December 1, 1994] China National Machinery & v v 9| WEEK/ | DATE TOPIC/CONTENT _| LEARNING RESOURCES | (Schedule of (arrangement or sequence of | (print and non-print | each Topic, the major topics is based ona | materials and online/ Assign, logical order) open-access resources) | Examfor | about, or create the the entire conditions for eg semester) learning) Equipment Corporation (Group) v. Sta. Maria, 665 SCRA 189 > Republic of Indonesia v. Vinzon [G.R. No. 154705, June 26, 2003] > Minucher v. Court of Appeals [G.R. No. 142396, February 11, 2003] » Lasco v. UNRFNRE [G.R. Nos. 109095- 109107, February 23, 1995] > Republic v. Villasor, 54 SCRA 83 > Municipality of Makati v. Court of Appeals, 190 SCRA 206 > University of the Philippines v. Dizon {G.R. No. 171182, ‘August 23, 2012] 10MODULE 4: Republicanism * Generally Accepted Principles of International Law > Municipal Law v. Treaty > Doctrine of Incorporation > Doctrine of Transformation © Service in defense of the State * Separation of Church and State > Concept and Rationale > Different Kinds of Wall of Separation > Accommodation > Tests to Determine Accommodation ‘* International Policy » Government Policies > Trade > Nuclear Weapon © Social Justice > Different Concepts * Policy on Human Rights + Protection on Family, Life and Children > Same Sex Marriage * Textbooks © Article II, 1987 Constitution ‘* Supreme Court Decisions: > > v v v v Villavicencio v. Lukban, 39 Phil. 778 Poe-Llamanzares v. COMELEC [G.R. No. 221697,221698-700, 8 March 2016) Kuroda v. Jalandoni, 42 0.G. 4282 Agustin v. Edu, [G.R. No. L-49112, February 2, 1979] Gonzales v. Hechanova, 9 SCRA 230 Ichong v. Hernandez, 101 Phil. 115 People v. Lagman & Zosa, 66 Phil. 13 Aglipay v. Ruiz, 64 Phil. 201 Garces v. Estenzo, 104 SCRA 510 Estrada v. Escritor IAM. No. P-02-1651, June 22, 2006] In Re Letter of Tony Valenciano [A.M. No. 10-4-19-SC, March 7, 2017) Fonacier v. Court of Appeals [G.R. No. L- 5917, January 28, 1955] Tarue v. Dela Cruz IGR. No. 144801, March 10, 2005] 28 September 2020 to 09 October 2020 * Recitation * Case study & reporting | * Discussionlecture | * Quiz 11> Abortion > Commencement of Constitutional Protection for the Unborn > Double Effect Principle » Curfew Ordinances Gender Equality Health and Environment > Writ of Kalikasan Policy on Education Autonomy of Private Enterprises Agrarian Reform Autonomy of Local Government > Relationship Between the National and Local Governments Kinds of Decentralization Associative Principle Opportunity to Public Service Policy of Full Public Disclosure > > > Concept of Full Public Disclosure Right to Information Limitation of the Policy on Full Public Disclosure Privileged > v Taiiada v. Angara, 272 SCRA 18 Calalang v. Williams, 70 Phil. 726 Ondoy v. Ignacio, 97 SCRA 611 Salonga v. Farrales, 105 SCRA 459 Sec. of National Defense v. Manalo [G.R. No. 180906, October 7, 2008] Obergefell v. Hodges [576 US _(2015)] Falcis v. Civil Registrar General [G.R. No. 217910, September 3, 2019) Imbong v. Ochoa, GR. No. 204819, 8 April 2014 ‘Samahan ng mga Progresibong Kabataan (SPARK) v. Quezon City [G.R. No. 225442, August 8, 2017] Oposa v. Factoran, 224 SCRA 792 Metropolitan Manila Development Authority, eta. v. Concerned Residents of Manila Bay [G.R. No. 171947-48, December 18, 2008] Guingona v. Carague, 196 SCRA 221 Association of Small Landowners v. Sec. of Agrarian Reform, 175 SCRA 343 Hacienda Luisita vs. Presidential Agrarian Reform Council [G.R. No. 171101, July 5, 2011) 2Information ¥ Vv v v Basco v. PAGCOR, 197 SCRA 52 Limbona v. Mangelin, 170 SCRA 786 Province of North Cotabato v. Gov't. of the Republic of the Philippines Peace Panel ‘on Ancestral Domain [G.R. No. 183591, October 14, 2008] Pamatong v. COMELEC [GR. No. 161872, April 13, 2004] Legaspi v. Civil Service Commission, 150 SCRA 530 Valmonte v. Belmonte, 170 SCRA 256 Chavez vs. Presidential Commission on Good Government [G.R. No. 130716, December 9, 1998) In Re: Production of Court Records and Documents and the Attendance of Court officials and employees as witnesses under the subpoenas of February 10, 2012 and the various letters for the Impeachment Prosecution Panel dated January 19 and 25, 2012, (February 14, 2012) BWEEK/ LEARNING DATE METHODS TOPIC/CONTENT _| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (printand non-print | each Topic, | or deployed by the ‘the major topics is based on a| materials and online/ Assign, teacher to bring | logical order) open-access resources) | Examfor | about, or create the | the entire conditions for semester) learning) | MODULE 6: | | | I. Separation of Powers 12 to 16 * Recitation * Concept and Basis, October | + Case study & * Textbooks 2020 reporting ‘+ Relationship Between + Discussion/lecture the Three Departments | ¢ Supreme Court Decisions: + Quiz © Checks and Balances | > Angara v. Electoral Commission, 63 Phil ‘* Blending of Powers 139 Political and Justiciable Questions Expanded Judicial Power of the Courts of Justice > Belgica v. Ochoa [G.R. No. 208566, November 11,2013) > Casibang v. Aquino, 92 SCRA 642 » Tafiada v. Cuenco, 100 Phil. 1101 > Sanidad v. COMELEC [G.R. No. L-44640, 12 October 1976] > Daza v. Singson, 180 SCRA 496 > Ongsiako-Reyes v. COMELEC [G.R. No. 207264, June 25, 2013] 14WEEK/ LEARNING DATE METHODS — | TOPIC/CONTENT _| LEARNING RESOURCES | (Schedule of | (activities designed (arrangement or sequence of | (print and non-print | each Topic, | or deployed by the the major topics is based ona | materials and online/ Assign, teacher to bring logical order) open-access resources) | Examfor | about, or create the the entire conditions for semester) learning) MODULE 6: IL. Delegation of Powers 19t023 | * Recitation = Concept * Textbooks October | + Case study & 2020 reporting ‘+ Tests of Valid + Sections 23(2) and 28(2), + Discussion/lecture Delegation Article VI, 1987 * Quiz Constitution © Permissible Delegation of ‘* Supreme Court Decisions: Legislative Power > > > > Emergency Power Tariff Power Administrative Agencies Local Government Units People > People v. Vera, 65 Phil. 56 > Araneta v. Dinglasan, 84 Phil. 368 > Rodriguez v. Gella, 92 Phil. 603 > Garcia v. Executive Secretary, 211 SCRA 219 ABAKADA Guto v. Ermita [GR. No. 168056, September 1, 2005) > Eastern Shipping Lines v. POEA [G.R. No, 76633, October 18, 1988] > Ynot v, IAC, 148 SCRA 659 > Belgica v. Ochoa [G.R. No. 208566, November 11, 2013] ¥ 15