MISAMIS UNIVERSITY

COLLEGE OF LAW
Ozamiz City

SYLLABUS-OUTLINE IN CONSTITUTIONAL LAW 1

Constitutional Law 1/ Political Law Syllabus
First Semester, S.Y. 2021-2022

ATTY. LHEM J. NAVAL, Ph.B., M.Min., LL.B., J.D., LL.M.

Professor

General Objectives:

1. Students will learn about the events that led to the present
Constitution.
2. Analyze the Philippine government structure, and the powers of each
department.
3. Review recent Supreme Court decisions and relevant legislation on
political law
4. Get Immersed with the problems faced by the community via
initiatives that completely involve their peers and local stakeholders,
including the government.

SESSION 1:

Specific Objectives:
1. To acquaint the students of the coverage of the course
2. To trace the roots of the present constitution
3. To define what is a constitution, explain the different classifications
of an organic law and enumerate the parts of a constitution
4. To know what are the basic rules in the construction of the
constitution
5. To understand the process of revising or amending the constitution

I. GENERAL PRINCIPLES

A. Definition of Political Law.

Cases:
People v. Perfecto, 43 Phil. 887
Macariola v. Asuncion, 114 SCRA 77

B. Scope/Divisions of Political Law.

1. Constitutional Law.
2. Administrative Law.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.
 C. Basis of the Study.
1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Other organic laws made to apply to the Philippines, e.g.,
Philippine Bill of 1902, Jones Law of 1916, and Tydings-McDuffie
Law of 1934.
4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution.

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution.

1. Definition of Constitution and Philippine Constitution.

2. Purpose of the Constitution.
3. Classification:
a. Written or unwritten.
b. Enacted (Conventional) or Evolved (Cumulative).
c. Rigid or Flexible.
4. Qualities of a good written Constitution:
a. Broad.
b. Brief.
c. Definite.
5. Essential parts of a good written Constitution:
a. Constitution of Liberty.
b. Constitution of Government.
c. Constitution of Sovereignty.
6. Interpretation/Construction of the Constitution.
a. Verba legis
Francisco v. House of Representatives, G.R. No.
160261, November 10, 2003,
b. Ratio leqis et anima.
Civil Liberties Union v. Executive Secretary, 194
SCRA 317,
c. ut maais valeat auam pereat.
d. Self-executing provisions.
Manila Prince Hotel v. GSIS, G.R. No. 122156,
February 03, 1997
Pamatong v. Comelec, G.R. No. 161872, April 13,
2004.

B. Brief Constitutional History.

1. The Malolos Constitution.
2. The American Regime and the Organic Acts
3. The 1935 Constitution
4. The Japanese (Belligerent) Occupation
5. The 1973 Constitution
 6. The 1987 Constitution.
a. Proclamation of the Freedom Constitution
b. Adoption of the Constitution
c. Effectivity of the 1987 Constitution: February 2, 1987, the
date of the plebiscite when the people ratified the
Constitution [De Leon v. Esguerra, 153 SCRA 602].

C. Amendment.
1. Amendment vs. Revision.
Lambino v. Comelec, G.R. No. 174153, October 25, 2006,
2. Constituent v. Legislative Power. See Imbong v. Comelec, 35
SCRA 28
3. Steps in the amendatory process:
a. Proposal [Secs. 1-3, Art. XVII].

Occena v. Comelec, 104 SCRA 1

b. Constitutional Convention [Sec. 3, Art. XVII].
Three Theories on the position of a Constitutional
Convention vis-a-vis the regular departments of
government:
1) Theory of Conventional Sovereignty [Loomis v.
Jackson, 6 W. Va. 613];
2) Convention is inferior to the other departments
[Wood’s Appeal, 79 Pa. 59];
3) Independent of and co-equal to the other
departments [Mabanag v. Lopez Vito, 78 Phil. 1
c. People, through the power of initiative [Sec. 2, Art.
XVI/].
d. Limitation: No amendment in this manner shall be
authorized within five years following the ratification of
this Constitution nor more often than once every five
years thereafter.
Republic Act No. 6735 [An Act Providing for a
System of Initiative and Referendum]
e. Procedure. [Lambino v. Comelec, supra.]
1) People’s initiative applies only to an amendment,
not a revision, of the Constitution. [Lambino v.
Comelec, supra.].
f. Ratification [Sec. 4, Art. XVII]
g. Doctrine of proper submission.
h. The plebiscite may be held on the same day as regular
elections
Gonzales v. Comelec, 21 SCRA 774;
Occena v. Comelec, 104 SCRA 1;
Almario v. Alba, 127 SCRA 69
Tolentino v. Comelec, 41 SCRA 702
4. Judicial Review of Amendments
Sanidad v. Comelec, 78 SCRA 333;
Javellana v. Executive Secretary, 50 SCRA 50