DEPARTMENT OF LEGAL MANAGENT

College of Arts and Sciences

San Beda University

CONSTITUTIONAL LAW 1

COURSE INFORMATION
Course Credit : 3 UNITS
Course Prerequisite/S : NONE
Term/Academic Year : 2020-2021
Day/Time/Room/Section :ALM BLM CLM
Course Delivery Mode : FULL ONLINE

FACULTY INFORMATION
Lecturer : ATTY. JEFF E. DATINGALING
E-maiL : jdatingaling@sanbeda.edu.ph
Consultation Day : Saturday, 1-3PM

COURSE DESCRIPTION:

This course deals with the comprehensive study of our 1987 Constitution, from its textual appearance up
to the pertinent jurisprudence amplifying the same. It shall also provide an avenue for critical thinking on
selected political events and issues that have significant effect in the disquisition of Constitutional Law.
COURSE GOALS: Expected College of Arts and Sciences Graduate Attributes (ECGAs)

Upon completion of the Legal Management program, the students will be able to demonstrate the
following attributes of the Graduates of the College of Arts and Sciences:

• Globally Competent Professionals

• Transformative Leaders
• Life-long Learners

LEARNING OUTCOMES (LOs):

At the end of the course, the students will be able to:

LO1: To understand and deconstruct the nuances in the design of the Philippine Philippine
government and the basic constitutional law principles that govern it in line with creating
a deep sense of love for neighbor and the common good as what St. Benedict has taught
us ;
LO2 To defend the principle of the supremacy of the Constitution as the fundamental law of
the land in order to foster the Benedictine principle of Stability;
LO3 To devise new ideas in strengthening constitutionalism consistent with the Benedictine
Idea of Community Spirit and the preservation of God’s creations particularly the human
will without sacrificing the general welfare; and
LO4 To generate real and personal examples of adherence to the rule of law consistent with
the Benedictine principle of obedience and community spirit.

Expected College of Arts

and Sciences Graduate LEARNING OUTCOMES (LOs)
Attributes (ECGAs)
Globally competent LO1: To understand and deconstruct the nuances in the
professionals design of the Philippine Philippine government and the
basic constitutional law principles that govern it in line
with creating a deep sense of love for neighbor and the
Transformative Leaders common good as what St. Benedict has taught us ;
LO2 To defend the principle of the supremacy of the
Life-long Learners Constitution as the fundamental law of the land in order
to foster the Benedictine principle of Stability;

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 LO3 To devise new ideas in strengthening constitutionalism
consistent with the Benedictine Idea of Community
Spirit and the preservation of God’s creations
particularly the human will without sacrificing the
general welfare; and
LO4 To generate real and personal examples of adherence to
the rule of law consistent with the Benedictine principle
of obedience and community spirit.

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Scope of Work (Weight is based
Requirements (Individual or on the
Group) importance of the
LO)
LO1: To understand and deconstruct the nuances in the
design of the Philippine Philippine government and the Individual 15%
basic constitutional law principles that govern it in line
with creating a deep sense of love for neighbor and the
common good as what St. Benedict has taught us ;
LO2 To defend the principle of the supremacy of the
Constitution as the fundamental law of the land in Individual 10%
order to foster the Benedictine principle of Stability;
LO3 To devise new ideas in strengthening constitutionalism
consistent with the Benedictine Idea of Community Group 10%
Spirit and the preservation of God’s creations
particularly the human will without sacrificing the
general welfare; and
LO4 To generate real and personal examples of adherence
to the rule of law consistent with the Benedictine Individual 15%
principle of obedience and community spirit.
MIDTERM EXAMINATION 20%
FINAL EXAMINATION 30%
TOTAL 100
NOTE: All requirements should be submitted on the specified time. Late submission will not be accepted.
Papers are to be typed single-spaced, Times New Roman, font size 12, in short bond paper.

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LEARNING PLAN

WEEK LEARNING METHODS

TOPIC/CONTENT LEARNING RESOURCES

I.
Course Introduction
 Course overview
 Course requirements
 Course policies
 Constitutional Law
 The Constitution of the II.
Philippines
The State I.
The National Territory
CONSTITUTIONAL LAW
a. Political Law v. Constitutional Law
b. The Constitution 1 Live lecture or Class recitation using the Blue
c. Classification of Constitutions Button in the REDCANVAS, with discussion
d. Interpretation of the Constitution and brainstorming
THE CONSTITUTION OF THE PHILIPPINES
1. History of the Philippine Constitution
2. The 1987 Constitution
3. Effectivity Date
a. De Leon v. Esguerra (1987)
4. Self-Executing v. non-self-executing
a. Manila Prince Hotel v. Government Service Insurance System,
267 SCRA 408 (1997)
b. Oposa v. Factoran
5. Modes of Proposing Amendments and or Revisions to the Constitution
a. Constituent Assembly
b. Constitutional Convention
c. People’s Initiative
i. RA 6735
ii. Santiago v. Commission on Elections, 270 SCRA 106
(1997)
iii. Lambino v. Commission on Elections, 505 SCRA 160
(2006)
THE STATE Live lecture or Class recitation using the Blue
1. The Concept of a State 2 Button in the REDCANVAS, with discussion
a. Elements of Statehood and brainstorming
i. People

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

ii. Territory
iii. Government
1. Types of Government
iv. Sovereignty
b. Characteristics
c. Powers of the State
i. Police Power, Eminent Domain, Taxation

II. THE NATIONAL TERRITORY

I.
State Immunity
Principles and Policies
The Branches of Government
1. Definition – Article I
2. The Bangsamoro Issue
a. Province of North Cotabato vs. The Gov’t. of the RP Peace Panel
on Ancestral Domain [G.K. No. 18359 1, October 14, 2008]
3. Sabah and The West Philippine Sea
a. Justice Carpio on the West Philippine Sea
https://www.youtube.com/watch?v=2GWcgKNMxjo
b. Ang Haring Walang Kaharian by GMA
https://www.youtube.com/watch?v=n8VeBjEGZvw
c. In the Matter of the South China Sea Arbitration Before An
Arbitral Tribunal Constituted
under Annex VII to the 1982 United Nations Convention on the
Law of the Sea Between The Republic of the Philippines and The
People’s Republic of China, PCA Case No. 2013-19, 12 July 2016
(https://pcacases.com/web/sendAttach/2086)
d. Magallona v. Ermita, 655 SCRA 476 (2011)
STATE IMMUNITY Live lecture or Class recitation using the Blue
1. Sec. 3 Article XVI 3 Botton in the REDCANVAS, with discussion
2. Reason for State Immunity and brainstorming
3. Tests to determine if suit is against the State
a. If with express consent
b. If with implied consent

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

i. Department of Transportation and

Communications(DOTC) v. Abecina, 795 SCRA 214
(2016)
4. Suability v. Liability
a. University of the Philippines v. Dizon, 679 SCRA 54 (2012)
II. PRINCIPLES AND POLICIES – Article II
1. Introduction
a. Self-Executing and Non-Self Executing provisions
2. Section 1 – Democratic and Republican State
a. Villavicencio vs. Lukban [G.R. No. 14639, March 25, 1919]
3. Section 2 Foreign Policy
a. Case study of President Duterte’s foreign policy
https://www.youtube.com/watch?v=PsGcyt7mnIg
4. Section 3 & 4 – Civilian Supremacy and Role of the AFP, Compulsory
Service
a. The Medical Reserve Corps in the time of COVID
5. Section 6 – Separation of Church and State
a. Meaning
b. https://www.youtube.com/watch?v=Er6reVb-RAM
c. Aglipay vs. Ruiz G.R. No. 4545 9, March 13, 1937]
d. Imbong v. Ochoa, Jr., 721 SCRA 146 (2014)
6. Section 16 – Healthful Ecology
a. Oposa v Factoran

III. THE BRANCHES OF GOVERNMENT

a. Introduction
i. Doctrine of Separation of Power, Blending of Powers,Checks
and Balances
b. The Executive, The Legislative ,The Judiciary, Constitutional
Commissions
i. Change in Government and Change in Administration

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

The Legislature I. THE LEGISLATIVE Live lecture or Class recitation using the Blue
a. Nature of Legislative Power Botton in the REDCANVAS, with discussion
i. Non-delegability of legislative powers and brainstorming
1. Exceptions
a. People’s initiative 4-5
b. Emergency Powers – Bayanihan Act
i. https://www.youtube.com/watch?v
=fR7hP1ssUPU
c. Tariff Powers
b. Composition and Qualification
i. Composition (Section 2,3,4, 5, 6 &7)
1. House of Representatives
a. District and Party-list
2. Senate
ii. Requirements
1. Citizenship
a. Llamanzares v. Comelec [G.R. No. 221698-
700, 2016]
2. Residency
a. Romualdez-Marcos vs. COMELEC [G.R. No.
119976, September 18, 1995]
b. Aquino vs. COMELEC [G.R. No. 1 20265,
September 18, 1995
3. Term of Office
iii. Powers
1. General Plenary Power – Section 1
a. How a bill becomes a law :
https://www.youtube.com/watch?v=P8TKkQ
7FUGw
b. Enrolled Bill Theory, Journal v. Enrolled Bill
c. Limitations

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

i. Substantive and Procedural

ii. Devoted to Public Purpose
iii. Bills that must originate from the
House
1. Franchise of ABS-CBN case
iv. Limits to the power to Appropriate
1. Realignment of Budget
a. Pork Barrel Case –
Belgica v. Ochoa
(2013) specifically
on power to realign
budget
d. President’s Power to certify a bill as urgent
e. Power to Investigate in Aid of Legislation
i. Section 21
ii. Requirements
iii. Contempt Power
f. Question Hour
i. Section 22
1. Senate v. Ermita, GR No.
169777, 2006
2. Gudani v. Senga, GR No.
170165, 2006
2. Power to Concur in Treaties
a. Tanada v. Angara (1997)
3. Power to Discipline its members
a. Pobre vs. Defensor-Santiago, [A.C. No. 7399,
AugUst 25, 2009]
4. The power to Impeach
a. Francisco v. House of Represntatives
5. The Privilege from Arrest and Parliamentary

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

Immunity
a. Requirements

Midterm Examination 5

The Executive I. EXECUTIVE DEPARTMENT • Live lecture or Class recitation using the
a. Nature of Executive Power 6-7 Blue Botton in the REDCANVAS, with
i. Residual Power, Marcos v. Manglapus GR No. 88211, 27 Oct discussion and brainstorming
1989 Fifth Week
b. The President and Vice President (2nd 3
i. Qualifications Section 2 hours)
ii. Term of Office Section 4(1)
iii. Elections, Regular and Special
1. Death, permanent disability, removal from office or
resignation of both the President and the Vice
President
iv. Oath
v. Vacancies
1. Section 8. During Midterm, Estrada v. Desierto G.R.
No. 146710-15 March 2, 2001
vi. Suspension in Case of Disability
1. Sec. 11
2. By Notice of the President
3. By Notice of the Cabinet
a. In case of disagreement between Cabinet
and the President
vii. Other Powers
1. Administrative Reorganization

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

2. Appointment Powers (Sec. 16)

a. Exclusive Prerogative
b. One that requires concurrence by Congress
c. Midnight appointments (Sec. 15)
i. De Castro v. JBC (2010)
3. Power to Remove
4. Power of Control v. Power of Supervision
a. Local Governments
5. Doctrine of Qualified Political Agency
6. Veto Powers
a. Pocket Veto
b. Item Veto
7. Military Powers (Section 18)
a. Calling out powers
i. Sanlakas v. Executive Secretary
(2004)
ii. IBP v. Zamora (2000)
b. Suspension of the Privilege of the Writ of
Habeas Corpus
c. Martial Law
i. Grounds for Declaration
ii. Lagman v. Medialdea (2017)
iii. The power of the Supreme Court to
Review
The Judiciary • JUDICIARY Live lecture or Class recitation using the Blue
o The Judicial Power Botton in the REDCANVAS, with discussion
▪ The Expanded Power of Judicial Review and brainstorming
• Doctrine of Judicial Supremacy? 8-9
• Grave abuse of discretion amount to lack or excess
of jurisdiction
• Requisites of Judicial Review

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 WEEK LEARNING METHODS
TOPIC/CONTENT LEARNING RESOURCES

o Actual Case or Controversy

▪ Political Questions
• David v. Arroyo (2006)
▪ Moot and Academic
• Province of North Cotabato
vs. The Gov’t. of the RP
Peace Panel on Ancestral
Domain [G.K. No. 18359 1,
October 14, 2008]
▪ Premature
o Legal Standing
▪ Province of North Cotabato vs. The
Gov’t. of the RP Peace Panel on
Ancestral Domain [G.K. No. 18359 1,
October 14, 2008]
o Lis Mota of the Case
o Question must be raised at the earliest
opportunity

o The Supreme Court

▪ Composition
▪ Qualifications
▪ Tenure
▪ Safeguards to guarantee Independence of the Judiciary

Final Examination and 9

Submission of Requirements

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RUBRIC FOR ASSESSMENT:
CRITERIA
Knowledge of the Subject
Matter (i.e., Concepts,
Theories, Principles, Political
and Administrative Issues)
40%
Clarity and Coherence
30%
Critical Thinking
30%
RUBRIC FOR ESSAYS/PAPERS IN CONSTITUTIONAL LAW 1
ACCOMPLISHED COMPETENT DEVELOPING BEGINNING
1 2 3 4
100 - 91 90 - 83 83 – 75 74 – Below
Demonstrates a clear Demonstrates a clear Can express Cannot express
understanding of the understanding of the understanding of the understanding of the
concept, theory, concept, theory, concept, theory, concept, theory,
principle, relative to principle, relative to principle, relative to principle, relative to
constitutional rules and constitutional rules and constitutional rules and constitutional rules and
issues. Explains very well issues. Fails to explain issues. However, issues.
the essential idea of the very well the essential overlooks to explain the
subject matter. Is able to idea of the subject essential idea of the
identify accurately and matter or failed to subject matter or
articulate clearly the identify accurately and overlooked to identify
political and articulate clearly the and articulate the
administrative issues. political and political and
administrative issues. administrative issues.
The paragraphs are well The paragraphs are The paragraphs are Overall organization of
organized. There is a organized. There is a organized but the paragraph and
smooth transition of transition from one transition of statement is statements is weak and
statements. Ideas are statement to another. not smooth. Ideas are illogical. There is no
expressed in statements Ideas are expressed expressed mostly in an conclusion or main idea
in a logical manner. The clearly but sometimes not illogical manner. There is that is significant to the
conclusion or main idea is logical. The conclusion or no clear conclusion or question.
a significant response to main idea is not a main idea that is
the question. significant response to significant to the
the question. question.
Excellently demonstrates Adequately demonstrates Demonstrates a simplistic Demonstrates insufficient
skillful evaluation of reasonable relationship understanding of the reasoning and
concepts, theories, between theories, complexity of the understanding of
principles and issue as concepts, principles and concepts, theories and concepts, theories,
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 well as the relationship administrative issues and principles and their principles and their
between theories, practices. relationship to relationship to
concepts, principles and administrative practices administrative practices
administrative issues and and issues. and issues.
practices.

TEXTBOOK
Cruz, Izagani (2014), Philippine Political Law, Central Book Supply.

OTHER BOOK REFERENCES

Bernas, J. (2009). The 1987 Constitution of the Republic of the Philippines: A Commentary, Rex Bookstore.

ON-LINE OPEN ACCESS RESOURCES

The 1987 Constitution of the Republic of the Philippines @ https://www.officialgazette.gov.ph.
Please see learning plan for other online resources.

POLICIES
Midterm Grade: 60% - Class Standing (Papers, Class Forum, Case Analyses)
40% - Midterm Examination

Final Grade : 50% - Class Standing (Papers, Class Forum, Case Analyses)
20% - Midterm Examination
30% - Final Examination

The transmutation of grades is based on the CAS transmutation table that can be found in the Student Information Handbook.
The teacher reserves the right to give diligent student additional points in the Midterm and Final grades.
Papers, case analyses, and class forum will be graded using a rubric.

Prepared by:

ATTY. JEFF E. DATINGALING

Faculty, College of Arts and Sciences

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Approved by:

ATTY. MICHAEL DAGUINOD

Chair, Name of Department, College of Arts and Sciences

PROF. MOSES AARON ANGELES, PH.D.

Vice Dean, College of Arts and Sciences

PROF. CHRISTIAN BRYAN S. BUSTAMANTE, PH.D.

Dean, College of Arts and Sciences

August 31, 2020

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