Constitutional Law Review

2016-2021 Cases

Grading : Attendance

Participation-Bar Questions

1 Summative Exam- Consti 2, Bill of Rights, Poli, Mock Bar (Included in the grading)

Passing – 70%

Supremacy

Article 17- Constitution of Sovereignty

Section 27, Article 18- Transitory

Effectivity of the 1987 Constitution

De Leon vs. Esguerra

Q: How can you (Article 17) change the Constitution? Amendment or Revision. Article 17 provides for
the procedure. It can be changed also through judicial decisions. (Manila Prince Hotel vs. GSIS).
National Patrimony does not include only natural resources. It includes national heritage.

(Lambino vs. COMELEC) Quantitative Test. Whether it changed the substantial entirety of the
constitution.

Next meeting : Amendatory Process

Kinds of Constitution according to origin : Conventional and Cummulative

Cummulative – Revolutionary / ongoing Constitution

Philippine Constitution – Written and Conventional Constitution

1973 Constitution – it was ratified

1987 – Drafted by the Constitutional Commission and then ratified by a plebiscite

Rigid Constitution – you follow a special procedure

Flexible – can be change anytime by an ordinary legislation

Different Parts of the Constitution – Liberty (Article III) government (Art. 6,2,7,8,9,10 )and sovereignty
(Art.17 in amending the constitution)

What is Constitutional Law ?

What is the Supremacy of the Constitution ?

Article 17 – Amendment may not only be formal

Congress- Revision and Amendment

ConCon

People- Amendment

2 types of test : Qualitative and Quantitative Test

Planas vs. COMELEC

Amendment and Revision is a justiciable question

1987 Constitution – subject to judicial review. The Constitution provides for certain requirement.

If the question is on the procedure of the ratification – justiciable question subject to judicial review

If the questions on the subject and plenary so long as it does not a violation of the just cogens- Left to
the wisdom of constitutional assembly.

Elements of The State –

Territory - Controversies China ,

Doctrine of Incorporation- no need for Congress

transformation and Incorporation

When the President signed by the treaty, it is called ratification

Pimentel vs. Executive Secretary –

Ratification –political prerogative of the President

Once a treaty is ratified, then we are bound by t

Customary Law

International Custom – Binding as laws

Nuclear Arms- prohibited by the Constitution

Benevolent Neutrality Approach –

Filipino First Policy