Constitutional Law 1/ Political Law Syllabus

First Semester, S.Y. 2014-2015

Judiel M. Pareja LLb, BSEd (Physics-Math)

Course Number: JD 113

Course Description: A course aimed in examining the structure and powers of the Philippine government in light of the present 1987 Constitution.
Course Credit: 3 units
General Objectives:
The students are expected:
1. To appreciate the events that led to the development of the current organic law
2. To examine the structure of the Philippine government and to study the powers of each department
3. To appraise the latest rulings of the Supreme Court and related laws on political law
4. To hone their skills in preparing memorandum, legal opinion and pleadings required in law practice
5. To be immersed in the challenges faced by the community through projects that make them fully engaged with their classmates and local stakeholders
including the government
Textbook: Cruz, Isagani A.: Philippine Political Law, 2014
References:
Bernas, Joaquin G.: Constitutional Structure and Powers of Government Notes and Cases (Part1), 2010
Nolledo, Jose N.: The New Constitution of the Philippines Annotated, 1997

SPECIFIC OBJECTIVES CONTENTS TIME ALLOTMENT STRATEGIES/ACTIVITIES READING MATERIALS

1. To acquaint the students of the I. Introduction 3 hours Freedom Board Macariola vs. Asuncion, 114
coverage of the course A. Scope of Political Law Oral Recitation SCRA 77
2. To trace the roots of the B. Necessity of the Study PowerPoint Presentation Javellana vs. Executive
present constitution C. Basis of the Study Quiz Secretary, 50 SCRA 30
3. To define what is a II. Early Organic Laws Schematic Diagramming Santiago vs. COMELEC,
constitution, explain the III. Constitution March 19, 1997
different classifications of an A. Definition Lambino vs. COMELEC, Oct.
organic law and enumerate B. Classifications 25, 2006
the parts of a constitution C. Parts Tolentino vs. COMELEC, 41
4. To know what are the basic D. Characteristics or Requisites of a SCRA 702
rules in the construction of the Good Constitution
constitution IV. Interpretation of the Constitution
5. To understand the process of V. Amendment Process
revising or amending the A. Amendment vs. Revision
constitution B. Procedure

1
 1. Proposal
a. By Congress
b. By a Constitutional
Convention
c. By the People thru Initiative
2. Ratification
Doctrine of Proper Submission
1. To determine the good VI. The 1987 Constitution 3 hours Oral Recitation Magallona vs. Ermita, 655
qualities of the present A. Outstanding Features PowerPoint Presentation SCRA 476
Philippine constitution B. Supremacy of the Constitution Quiz Philippines vs. China (South
2. To differentiate a constitution C. Preamble Research Paper China Sea Arbitration), July
from a statute VII. The Concept of a State 12, 2016
3. To know what is the nature of a A. Definition Cabañas vs. Pilapil, 58 SCRA
preamble and discuss its B. Elements 94
importance 1. People People vs. Radam, May 31,
4. To explain what is a state and 2. Territory 1994
enumerate its elements a. RA No. 9522, The New PCGG vs. Sandiganbayan,
5. To discuss the Doctrine of Baselines Law of 2009 530 SCRA vs. 13
State Immunity 3. Government Callado vs. IRRI, 244 SCRA
a. Functions 210
b. Doctrine of Parens Patriae The Holy See vs. Rosario, 238
c. De Jure and De Facto SCRA vs. 524
Governments Republic of Indonesia vs.
d. Administration Vinzon, June 26, 2003
4. Sovereignty US vs. Reyes, March 1, 1993
C. Act of State Doctrine EPG Construction Co., et al.
VIII. The Doctrine of State Immunity vs. Hon. Gregorio Vigilar, et
al., March 16, 2001
DEPED vs. Oñate, 524 SCRA
200
Republic vs. Sandiganbayan,
484 SCRA 119
Republic vs. Hidalgo, 534
SCRA 619
NHA vs. Heirs of Guivelondo,
June 19, 2003
Republic vs. Unimex Micro-
Electronics, March 9, 2007
PTA vs. PGDE, Inc., March 19,

2
 2012
CNMEG vs. Hon. Santamaria,
Feb. 7, 2012
1. To know what are the VIII. Fundamental Principles and State 3 hours Group Creative Reporting Pharmaceutical and Health
fundamental principles and Policies Oral Recitation Care Association of the
state policies of the present A. Republicanism Quiz Philippines vs. Duque III, 535
organic law B. The Defense of the State SCRA 265
2. To determine whether the C. The Incorporation Clause Oposa vs. Factoran, Jr., 224
principles or policies are self- D. Rearing of the Youth SCRA 792
executing or not E. Women Pierce vs. Society of Sisters,
F. Social Justice 262 U.S. 510
G. Balanced Ecology United Church of Christ in the
H. Separation of Church and State Philippines, Inc. vs. Bradford
I. Supremacy of Civilian Authority United Church of Christ, Inc.,
J. Encouragement of Non- June 20, 2012
Governmental, Community Based Imbong vs. Ochoa, April 8,
or Sectoral Organizations 2014
K. Local Autonomy Tañada, et al. vs. Angara, et
L. Indigenous Cultural Communities al., 82 SCAD 241
M. Economy Cruz vs. DENR Secretary,
N. Honesty and Integrity in Public Dec. 6, 2000
Service Pamatong vs. COMELEC,
O. Full Disclosure of All State April 13, 2004
Transactions involving Public
Interest
P. Equal Access to Opportunities for
Public Service
1. To know the rationale behind IX. Separation of Powers 3 hours Message Relay Belgica vs. Executive
the principle of separation of A. Purposes Oral Recitation Secretary Ochoa, November
powers B. Principle of Checks and Balances Group Quiz Bowl 11, 2013
2. To know when a question is C. Political Questions Doctrine In Re: Production of Court
justiciable or not X. Delegation of Powers Records and Documents and
3. To determine when a A. Permissible Delegation the Attendance of Court
delegated power is 1. Tariff Powers Officials and Employees…,
permissible 2. Emergency Powers Feb. 14, 2012
3. Delegation to the People Office of the Court
4. Delegation to Local Administrator vs. Reyes, 621
Governments SCRA 511

3

1. To know the structure of the
legislative department
2. To enumerate and explain the
powers of the legislature
3. To understand how a bill is
enacted into a law
4. To know the perquisites,
inhibitions and immunities of a
member of the legislative
department
5. Delegation to Administrative
Bodies
B. Tests of Delegation
1. The Completeness Test
2. The Sufficient Standard Test
XI. The Legislative Department
A. The Senate
1. Composition
2. Qualifications
3. Terms
B. The House of Representatives
1. Composition
a. District Representatives
b. Party-list Representatives
2. Qualifications
3. Terms
C. Election
D. Salaries
E. Parliamentary Immunities
1. Privilege from Arrest
Senate of the Philippines vs.
Ermita, 488 SCRA 1
Baker vs. Carr, 369 US 186
Casibang vs. Aquino, 92
SCRA 642
Daza vs. Singson, 180 SCRA
496
Sanidad vs. COMELEC,73
SCRA 333
COCOFED vs. Republic, Jan.
24, 2012
Garcia vs. Hon. Drilon, June
25, 2013
Carbonilla vs. Board of Airline
Representatives, 657 SCRA
775
Cervantes vs. Auditor General,
91 Phil. 359
US vs. Ang Tang Ho, 43 Phil.1
Ynot vs. IAC, 148 SCRA 659
Pelaez vs. Auditor General, 15
SCRA 569
Pp vs. Judge Dacuycuy, May
5, 1989
9 hours Interview Social Justice Society vs.
Oral Recitation Dangerous Drugs Board, Nov.
PowerPoint Presentation 3, 2008
Quiz Rep Danilo Ramon Fernandez
vs. HRET, Dec. 21, 2009
Amores vs. HRET, 622 SCRA
593
Mariano, Jr. vs. COMELEC,
March 7, 1995
Sema vs. COMELEC, July, 16,
2008
Aldaba vs. COMELEC, 611
SCRA vs. 137
Aquino III vs. COMELEC, 617
SCRA 623
4
 2. Privilege of Speech and Debate Bagabuyo vs. COMELEC, 573
F. Conflict of Interests SCRA 290
G. Incompatible and Forbidden Offices Banat vs. COMELEC, 586
H. Inhibitions and Disqualifications SCRA 210 and 592 SCRA 294
I. Sessions Ang Ladlad LGBT Party vs.
J. Officers COMELEC, April 8, 2010
K. Quorum Atong Paglaum, Inc. vs.
L. Discipline of Members COMELEC, April 2, 2013
M. Journals Trillanes IV vs. Pimentel, Sr.,
N. Adjournment 556 SCRA 471
O. The Electoral Tribunal Pobre vs. Defensor-Santiago,
P. Organization 597 SCRA 1
Q. Powers Liban vs. Gordon, 639 SCRA
1. Legislative Power in General 709
a. Definition Pimentel vs. Senate
b. Procedure Committee of the Whole, 644
c. Origin of Bills SCRA 741
d. Prohibited Measures Santiago vs. Guingona, Nov.
e. Title of Bills 18, 1998
f. Formalities Kida vs. Senate of the
g. Approval of Bills Philippines, 659 SCRA 270
2. Legislative Inquiries Tobias vs. Abalos, 239 SCRA
3. The Power of Appropriation 106
4. The Power of Taxation Phil. Judges Association vs.
5. The Power of Concurrence Prado, 227 SCRA 703
6. The War Powers Mabanag vs. Lopez Vito, 78
7. Referendum and Initiative Phil. 1
Gonzales vs. Macaraig, Nov.
19, 1990
Neri vs. Senate Committee on
Accountability of Public
Officers and Investigations,
549 SCRA 77 and 564 SCRA
152
Standard Chartered Bank vs.
Senate Committee on Banks,
Financial Institutions and
Currencies, 541 SCRA 456
Abakada Guro Party-list vs.

5

1. To be familiar of the structure
of the executive department
2. To determine the powers of
the president and vice-
president
3. To know the perquisites,
inhibitions and immunities of a
member of the executive
department
XII. The Executive Department
A. Qualifications
B. Election and Proclamation
C. Term
D. The Vice-President
E. Presidential Succession
F. Oath of Office
G. Perquisites and Inhibitions
H. Presidential Immunity
I. Powers
1. Executive Power in General
2. The Appointing Power
3. The Control Power
4. The “Take Care” Clause
5. The Military Power
6. The Barrowing Power
7. The Diplomatic Power
8. The Budgetary Power
9. The Informing Power
10. Other Powers
Purisima, 562 SCRA 251
Tolentino vs. Sec. of Finance,
August 25, 1994
Garcia vs. Mata, 65 SCRA 523
Guingona vs. Carague, 196
SCRA 221
Sanchez vs. COA, 552 SCRA
471
6 hours Case Analysis (Library Work) Poe, Jr. vs. Arroyo, March 29,
Debate (Parliamentary vs. 2005
Presidential) Legarda vs. De Castro, 542
Group Stations SCRA125
Oral Recitation Macalintal vs. PET, 635 SCRA
Quiz 783 and 651 SCRA 239
Estrada vs. Desierto, 353
SCRA 452
Clinton vs. Jones, 520 U.S.
681 (1997);
Public Interest Center, Inc. vs.
Elma, 494 SCRA 53 and 517
SCRA 336
Marcos vs. Manglapus, Sept.
15, 1989
Sarmiento vs. Mison, 156
SCRA 549
Pimentel vs. Ermita, Oct. 13,
2005
Kida vs. Senate of the
Philippines, ibid
Ganzon vs. CA, 200 SCRA
271
Kilusang Mayo Uno vs. Ermita,
et al., April 19 and June 20,
2006
Tondo Medical Center
Employees Association vs.
CA, 527 SCRA 746
Pichay, Jr. vs. Office of the
Deputy Executive Secretary,
6
 July 24, 2012
Biraogo vs. Truth Commission
of 2010, 637 SCRA 78
Ocampo vs. Rear Admiral
Enriquez, November 8, 2016
David vs. Arroyo, May 3, 2006
Lagman vs. Medialdea, July
04, 2017
Ampatuan vs. Puno, 651
SCRA 228
Fortun vs. Macapagal-Arroyo,
March 20, 2012
Gudani vs. Senga, 498 SCRA
671
Province of North Cotabato vs.
Government of the Republic of
the Philippines Peace Panel
on Ancestral Domain (GRP),
568 SCRA 402
Bayan Muna vs. Romulo, 641
SCRA 244
Constantino and the Freedom
From Debt Coalition vs.
Cuisia, et al. 472 SCRA 505
People vs. Salle, 250 SCRA
581
Laurel vs. Garcia, 187 SCRA
797
1. To understand how does the XIII. The Judicial Department 6 hours Court Visit Diaz vs. CA, Dec. 5, 1994
judicial system of the A. Independence of the Judiciary Oral Recitation Chavez vs. JBC, April 16,
Philippines work B. Judicial Power in General PowerPoint Presentation 2013
2. To know the structure of the C. Jurisdiction Quiz Re: Petition for Recognition of
judiciary and discuss the D. Appointments the Exemption of the
powers of the court 1. Qualifications Government Service
3. To know when the court will 2. The Judicial and Bar Council Insurance System from
hear and decide a E. Fiscal Autonomy Payment of Legal Fees, 612
constitutional question F. Composition of the Supreme Court SCRA 193
4. To determine the effects of 1. En Banc Cases Sothern Hemisphere
declaration of 2. Division Cases Engagement Network, Inc. vs.

7
 unconstitutionality by the court G. Requisites of Judicial Inquiry
1. Actual Case
2. Proper Party
3. Earliest Opportunity
4. Necessity of Deciding
Constitutional Question
H. Effects of Declaration of
Unconstitutionality
I. Powers of the of the Supreme
Court
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Temporary Assignment of
Judges
4. Change of Venue or Place of
Trial
5. Rule-making Power
6. Appointment of Court
Personnel
7. Administrative Supervision of
Courts
J. Tenure of Judges
K. Consultations of the Court
L. Decisions of the Court
M. Salaries of Judges
N. Periods of Decisions
O. Annual Report
1. To determine the constitutional XIV. The Constitutional Commissions
safeguards that ensures the A. The Civil Service Commission
independence of the three 1. Composition and Qualifications
commissions 2. Scope of the Civil Service
2. To know composition and 3. Appointments
qualifications of the members 4. Security of Tenure
of the constitutional 5. Partisan Political Activity
commissions 6. Self-organization
3. To familiarize the powers of 7. Temporary Employees
the different independent 8. Objectives of the Civil Service
commissions 9. Oath
10. Disqualifications
Anti-Terrorism Council, 632
SCRA 146
Estarija vs. Ranada, 492
SCRA 652
Moldex Realty, Inc. vs.
HLURB, 525 SCRA 198
Planters Products, Inc. vs.
Fertiphil Corporation, 548
SCRA 485
Castro vs. Deloria, 577 SCRA
20
In Re: Undated Letter of Mr.
Louis C. Biraogo, Petitioner in
Biraogo vs. Nograles and
Limkaichong, 580 SCRA 106
Re: EM No. 03-010 – Order of
the First Division of
COMELEC dated Aug. 15,
2003, A.M. No. 03-8-22 SC,
Sept. 16, 2003
3 hours Creative Group Teaching Ombudsman vs. CSC, Feb.
Oral Recitation 16, 2005
Quiz CSC vs. DBM, July 22, 2005
Pedragoza vs. COMELEC,
496 SCRA 513
Civil Service Commission vs.
Sojor, 554 SCRA 160
Macalintal vs. COMELEC, July
10, 2003
Señeres vs. COMELEC, 585
SCRA 557
Atienza, Jr. vs. COMELEC,
8

1. To know what are the
measures in the highest law
that will give life to the adage:
“Public office is a public trust”
2. To determine the powers of
the different agencies in the
government that are tasked to
ensure transparency and
accountability of public officers
and employees
11. Standardization
Compensation
12. Double Compensation
B. The Commission on Elections
1. Composition and Qualifications
2. Powers and Functions
a. Enforcement of Election
Laws
b. Decision of Election
Contests
c. Decision of Administrative
Questions
d. Deputization of Law-
Enforcement Agencies
e. Registration of Political
Parties
f. Improvement of Elections
3. Election Period
4. Party System
5. Funds
6. Judicial Review
C. The Commission on Audit
1. Composition and Qualifications
2. Powers and Functions
3. Prohibited Exemptions
4. Report
XV. Accountability of Public Officers 3 hours
A. Impeachment
1. Impeachable Officers
2. Grounds for Impeachment
3. Procedure
4. Impeachment and Criminal
Prosecution
B. The Sandiganbayan
C. The Ombudsman
D. The Special Prosecutor
E. Commission on Human Rights
F. Presidential Commission on Good
Government
of 612 SCRA 761
Gaminde vs. COA, December
13, 2000
Philippine Society for the
Prevention of Cruelty to
Animals vs. COA, 534 SCRA
112
Boy Scouts of the Philippines
vs. COA, 651 SCRA 146
PDIC vs. COA, 546 SCRA 473
Commission on Audit vs. Link
Worth International, Inc., 581
SCRA 501
Veloso vs. COA, 656 SCRA
767
Creative Group Teaching Romulo vs. Yñiguez, 141
Oral Recitation SCRA 263
PowerPoint Presentation In Re: Raul M. Gonzales, 160
Term Paper SCRA 771
Estrada vs. Desierto, 353
SCRA 452 and 356 SCRA 108
Francisco vs. The House of
Representatives, et al., Nov.
10, 2003
Office of the Ombudsman vs.
CA, 452 SCRA 714
Gutierrez vs. The House of
Representatives, Feb. 15,
9
 G. Sequestration 2011
Republic vs. Sereno, G.R. No.
237428, June 19, 2018
Balmadrid vs. Sandiganbayan,
March 22, 1991
Gonzales III vs. Office of the
President, September 04,
2012
Ombudsman vs. CSC, July 30,
2007
Ombudsman vs. Rodriguez,
July 23, 2010
Acop vs. Ombudsman, Sept.
27, 1995
Cariño vs. CHR, 204 SCRA
483
Presidential Committee on
Behest Loans vs. Desierto,
October 25, 1999

Course Requirements:
The students will be principally called for recitation on the assigned topics. Assignment will be based on the syllabus and assignment list . The assignment will be
based on the textbook, suggested additional readings and the applicable cases. A lecture will be conducted, as may be necessary, to clarify the issues and discussions
on the topics covered thereby.
The students will be principally evaluated through their performance in classroom recitation, reports, paper, projects, assignments, and the preliminary, midterm
and final examinations. In turn, the students will have the chance to give suggestions and share their insights on the teaching style and methods of instruction of the
professor through a mid-term evaluation. They will be asked to evaluate anonymously the professor in writing and to suggest approaches in improving instruction
methodology.

Evaluative Measures:
The official grading system of the University of Cebu - College of Law will be followed.
A semester has two grading periods – Mid-term and Final. The students are rated accordingly. Test scores in the Preliminary examinations will form part of
the Mid-Term grade. Similarly, test scores in the Pre-final examination or its equivalent shall form part of the Final Grade. The Mid-term and Final grades are added and the
sum is divided by two to arrive at the FINAL SEMESTRAL GRADE to be reflected in the grade sheet. The periodic grading of students is based in the following
distribution:
Mid-Term and/or Final Examination 60%
Preliminary /Pre-Final Exam, Recitation,
10
 Quizzes, Reports, Research, Projects 40%
TOTAL 100%

The grading system of the UC College of Law is as follows:

FINAL GRADE EOUIVALENT INDICATION

95-100 1.0 Excellent
90-94 1.5 – 1.1 Very Good
80-89 2.5 – 1.6 Good
76-79 2.9 – 2.6 Fair
75 3.0 Passing
74 and below 5.0 Failure
DR Dropped
NG No Grade
W Officially Withdrawn
NA Not Attending from the Start

Prepared by:

ATTY. JUDIEL M. PAREJA

Law Professor

Approved by:

ATTY. BALDOMERO C. ESTENZO

Dean

11