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CONSTITUTIONAL LAW 1:
FOUNDATIONS AND PRINCIPLES OF THE PHILIPPINE STATE

READING LIST AND COVERAGE

Note: For easier reading management and achieving a working grasp of the Constitution, we
have divided the course into three thematic modules following Lincoln’s definition of a
democracy—the very bedrock of our country for which reason we have a constitution:

First Module: Introduction and “Government OF the People”

Second Module: “Government BY the People”
Third Module: “Government FOR the People” and Other Matters (to follow)

Second Module: GOVERNMENT BY THE PEOPLE

“The accumulation of all powers, legislative, executive, and judiciary, in the same
hands, whether of one, a few, or many, and whether hereditary, selfappointed, or
elective, may justly be pronounced the very definition of tyranny.” – Madison

A. Structure and Design of Government

Charles de Secondat, Baron de Montesuieu, Spirit of Laws, 1748

The Federalist Papers: No. 47 The Particular Structure of the New Government and the
Distribution of Power Among Its Different Parts, February 1, 1788.
https://avalon.law.yale.edu/18th_century/fed47.asp
The Federalist Papers : No. 48, These Departments Should Not Be So Far Separated as to
Have No Constitutional Control Over Each Other, February 1, 1788.
https://avalon.law.yale.edu/18th_century/fed48.asp
The Federalist Papers : No. 51, The Structure of the Government Must Furnish the Proper
Checks and Balances Between the Different Departments, February 8, 1788
https://avalon.law.yale.edu/18th_century/fed51.asp

Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003

McCulloch v. Maryland, 17 U.S. 316
American Insurance Company v. Canter, 26 U.S. 511
Angara v. Electoral Commission, G.R. No. L-45081, July 15, 1936
Belgica v. Executive Secretary, G.R. No. 208566, November 13, 2013
Springer v. Government of the Philippine Islands, 277 U.S. 189 (read dissent of J. Holmes)
U.S. v. Klein, 80 U.S. 128
Javellana v. Executive Secretary, G.R. No. L-36142, March 31, 1973

B. Legislative Department (Art. VI)

Manila Electric Co. v. Public Service Commission, G.R. No. 42317, September 21, 1934
Knights of Rizal v. DMCI Homes, Inc., G.R. No. 213948, April 25 2017
Ang Nars Partylist v. Executive Secretary, G.R. No. 215746, October 8, 2019
Congressman Mandanas v. Executive Secretary, G.R. No. 199802, July 3, 2018
Tolentino v. Secretary of Finance, G.R. No. 115455, August 25, 1994
Southern Luzon Drug Corp. v. DSWD, G.R. No. 199669, April 25, 2017
Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003
Belgica v. Ochoa, Jr., G.R. No. 208566, November 13, 2013
Belgica v. Executive Secretary, G.R. No. 210503, October 8, 2019
Reyes v. HRET, G.R. No. 221103, October 16, 2018
Lambino v. Comelez, G.R. No. 174153, October 25, 2006
Neri v. Senate Committee, G.R. No. 180643, March 25, 2008
 Balag v. Senate of the Philippines, G.R. No. 234608, July 3, 2018
Abakada Guro Party List v. Executive Secretary, G.R. No. 168056, September 1, 2005
Manila Memorial Park, Inc. v. DSWD Secretary, G.R. No. 175356, December 3, 2013
Buckley v. Valeo, 424 U.S. 1

Kate Stith, Congress’ Power of the Purse, 97 Yale Law Journal 1344, 1350-1351.
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7151&context=ylj
Congressional Research Service, Congresses’s Power over Appropriations: Constitutional
and Statutory Provisions, June 16, 2020.
https://crsreports.congress.gov/product/pdf/R/R46417

C. Executive Department (Art. VII)

Saguisag v. Executive Secretary, G.R. No. 212426, January 12, 2016

U.S. v. Curtiss-Wright Export Corp., 299 U.S. 304
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579
Schneckenburger v. Moran, G.R. No. 44896, July 31, 1936
Velicaria-Garafil v. Office of the President, G.R. No. 203372, June 16, 2015
Zabal v. Duterte, G.R. No. 238467, February 12, 2019
Akbayan v. Aquino, G.R. No. 170516, July 16, 2008
Araullo v. Aquino III, G.R. No. 209287, February 3, 2015
People v. Cepeda, G.R. No. 229833, July 29, 2019
Representative Lagman, v. Medialdea, G.R. No. 243522, February 19, 2019

D. Judicial Department (Art. VIII)

Marbury v. Madison, 5 U.S. 137

Cristobal v. Melchor, G.R. No. L-43203, July 29, 1977
Agcaoili v. GSIS, G.R. No. L-30056, August 30, 1988
Hefner v. Northwestern Life Ins. Co., 123 U.S. 747
Ocampo v. Rear Admiral Enriquez, G.R. No. 225973, November 8, 2016
Philconsa v. Philippine Government, G.R. No. 218406, November 29, 2016
IBP v. DOJ, G.R. No. 232413, July 25, 2017
Schneckenburger v. Moran, G.R. No. 44896, July 31, 1936
Severino v. Governor-General, G.R. No. 6250, August 3, 1910
Association of Medical Clinics for Overseas Workers, Inc. v. GCC Approved Medical
Centers Association, Inc., G.R. No. 207132, December 6, 2016
Fort Bonifacio Development Corp. v. CIR, G.R. No. 175707, November 19, 2014
Umali v. JBC, G.R. No. 228628, July 25, 2017
Falcis v. Civil Registrar General, G.R. No. 217910, September 3, 2019
Re: Memorandum dated July 10, 2017 from Justice Leonardo-De Castro, A.M. No. 17-
07-05-SC, July 03, 2018
In re: IBP, A.M. No. 09-5-2-SC, April 11, 2013

E. Local Government (Art. X)

LTO v. City of Butuan, G.R. No. 131512, January 20, 2000

Congressman Mandanas v. Executive Secretary, G.R. No. 199802, July 3, 2018
Governor Villafuerte v. Robredo, G.R. No. 195390, December 10, 2014
Datu Kida v. Senate of the Philippines, G.R. No. 196271, October 18, 2011
Republic v. Provincial Government of Palawan, G.R. No. 170867, December 4, 2018
City of Batangas v. PSPC, G.R. No. 195003, June 7, 2017
Marmeto v. Comelec, G.R. No. G.R. No. 213953, September 26, 2017
SBMA v. Comelec, G.R. No. 125416, September 26, 1996
Garcia v. Comelec, G.R. No. 111230, September 30, 1994
R.A. No. 11054, July 27, 2018