Constitutional Law Review Syllabus 2023

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Course Syllabus
st
1 Semester, School Year 2022-2023
COVERAGE OF ASSIGNED READINGS: MEETING NO. 1
CHAPTER 1: CONSTITUTIONAL LAW
I. The Philippine Constitution
1. Definitions
2. Fundamental functions
3. Classifications
4. Essential qualities of a good written constitution
5. Essential parts of a good written constitution
6. Principles in Constitutional Construction
7. The Preamble and its purpose
8. Language in the promulgation of the Constitution
9. Effectivity of the Constitution (Art. XVIII, Sec. 27)
10. Status of prior laws and international agreements (Art. XVIII, Secs. 3 and 4)
11. Amendments and revision (Art. XVII, Secs. 1 to 4)
a. Amendment vs. Revision
b. The Two-Part Test
c. Provisions that needed to be changed to effect a shift to a different form of government
d. Process of revision and amendment
i. Proposal
ii. Ratification
1. Doctrine of Proper Submission
e. Judicial review of amendments
II. The Philippines as a State
1. National Territory (Art. I — MEMORIZE!)

a. “The Philippine Archipelago”
i. Archipelagic Doctrine
ii. Straight Baseline Method
b. “All other territories over which the Philippines has sovereignty or jurisdiction”
i. South China Sea Arbitral Ruling
c. “Territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas”
2. Doctrine of State Immunity (Art. XVI, Section 3)
a. Basis
b. Immunity of International Organizations
c. Immunity of government agencies
i. Incorporated (Read: BPI v. CBP(now BSP), G.R. No. 197593, October 12, 2020)
ii. Unincorporated
d. Waiver of state immunity
i. Express consent (Suit against the Philippine government)
1. General law (Act No. 3083 in relation with CA 327, as amended by Secs.
49-50, PD 1445)
2. Special Law
ii. Implied consent
1. By entering into a business contract (Suit against foreign government)
2. By commencing a suit (Suit against private individual)
e. Suability does not mean outright liability
f. Consent to be sued does not include consent to execution
g. When a suit is against a state and when it is not (Read: Arigo v. Swift, G.R. No. 206501,
16 September 2014)
h. Immunity cannot be used to perpetrate an injustice on a citizen
i. Entitlement of immunity, justiciable or political question?
All rights reserved. This course syllabus or any portion thereof

may be used only by my students officially enrolled in this subject Constitutional Law Review
and for the indicated semester. The same may not be reproduced
or given to anyone, online or otherwise, electronic or printout, (REYNALDO LAHOM FLORES, LL.M.)
or used in any manner whatsoever without my express
permission.
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III. State Policies, Principles and Other General Considerations
1. Republicanism (Art. II, Sec. 1)

a. Principle of separation of powers
b. Principle of checks and balances (Read: Gonzales III v. Office of the President, G.R.
No. 196231, January 28, 2014)
c. Principle of blending of powers
d. Political question doctrine
e. Principle of non-delegation of powers
i. Two (2) fundamental tests for adequate legislative guidelines for delegated rule-
making (Read: Sobrejuanite-Flores v. Pilando, Jr., G.R. No. 251816. November
23, 2021)
f. Right of revolution
i. EDSA I vs. EDSA II
2. Doctrine of Incorporation (Art. II, Sec. 2)
3. Renunciation of war (Art. II, Sec. 2)
4. Freedom from nuclear weapons (Art. II, Sec. 8)
5. Civilian supremacy clause (Art. II, Sec. 3)
6. Doctrine of Separation of the Church and the State (Art. II, Sec. 6)
7. Social justice (Art. II, Sec. 10; Art. XIII, Sec. 1)
8. People’s organizations (Art. XIII, Secs. 15, 16)
a. Role, rights, and State’s duties
9. The right of the people to a balanced and healthful ecology (Art. II, Sec. 16)
a. Writ of Kalikasan vs. Writ of Continuing Mandamus
10. Prohibition against political dynasties (Art. II, Section 26)
11. The right of the states to recover properties unlawfully acquired by public officials and employees
(Art. XI, Sec 15)
12. Regalian Doctrine (Art. XII, Sec. 2 relate with Art. XII, Sec. 5 and Art. II, Sec. 22)
a. Read: Federation of Coron, Busuanga, Palawan Farmer’s Association, Inc.
(FCBPFAI) v. The Secretary of the DENR, G.R. No. 247866, September 15, 2020
13. Public Trust Doctrine – Read: Maynilad Water Services, Inc. v. The Secretary of the DENR,
G.R. No. 202897, August 6, 2019
14. Nationalist provisions: (Art. II, Sec. 19)
a. Certain areas of investments
i. Filipino First Policy
b. Exploration, development, and utilization of natural resources (Art. XII, Sec. 2)
i. Read: Ocampo v. Macapagal-Arroyo, G.R. No. 182734. January 10, 2023
c. Operation of public utilities (Art.XII, Sec.11)
d. Acquisition of public lands (Art. XII, Sec. 3)
i. Read: Central Bay Reclamation and Development Corporation v. COA, G.R.
No. 252940, April 5, 2022
e. Acquisition of private lands (Art. XII, Secs. 7 and 8)
i. Read: Chua Gaw v. Chua, G.R. No. 206404, February 14, 2022
ii. Private land vs, public land
f. Practice of professions (Art. XII, Sec. 14, 2nd par.)
g. Ownership of educational institutions (Art XIV, Sec. 4[2])
h. Ownership and management of mass media (Art. XVI, Sec. 11[1])
i. Engagement in the advertising industry (Art. XVI, Sec. 11[2])
15. Education
a. Right to quality, accessible, relevant, and Free education
b. Highest budgetary priority to education (Art. XIV, Sec. 5[5])
c. Constitution in the school curricula (Art. XIV, Sec. 3[1])
d. Optional religious instructions in public schools (Art. XIV, Sec. 3[3])
e. Academic Freedom (Art. XIV, Sec. 5[2])
i. of Schools
1. Read: Pimentel v. Legal Education Board, G.R. No. 230642, September
10, 2019
ii. of Faculty
iii. of Students
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16. Language
a. Classifications
i. National Language (Art. XIV, Sec. 6, 1st par.)
ii. Official language (Art. XIV, Sec. 7 and Sec. 6, 2nd par.)
iii. Auxiliary official language (Art. XIV, Sec. 7, 2nd par.)
iv. Voluntary or optional language (Art. XIV, Sec. 7, 3rd par.)
17. Symbols of statehood
a. Philippine flag (Art. XVI, Sec. 1)
b. Country’s name, national anthem and national seal (Art. XVI, Sec. 2)
18. Military (Art. XVI, Secs. 4 and 5)
a. Private armies – Art. XVIII, Sec. 24
19. Police force (Art. XVI, Sec. 6)
IV. Legislative Department
1. Legislative power
2. Congress
3. Senate
a. Composition (Art. VI, Sec. 2)
b. Qualifications
c. Election and term of office
4. House of Representatives
a. Composition
i. 4 rules on apportionment of legislative district
ii. 4 parameters of the party-list system
b. Qualifications
i. District reps
ii. PL Reps
c. Election and term of office
5. Parliamentary immunities and privileges
a. Privilege from arrest – Art. VI, Sec. 11
b. Speech and debate clause –Art. VI, Sec. 11
6. Inhibitions against Members of Congress
a. Incompatible office – Art. VI, Sec. 13, 1st sentence
b. Forbidden office - Art. VI, Sec. 13 (2nd sentence)
c. Personal appearance as counsel (Art. VI, Sec. 14, first sentence)
d. Financial interest in government (Art. VI, Sec. 13, second sentence)
e. Intervention in certain matters (Art. VI, Sec. 13, last sentence)
f. Financial accommodations (Art. XI, Sec. 16)
g. Salary increase (Art. VI, Sec. 10)
7. Sessions of Congress
a. Regular session
i. Compulsory recess
ii. Voluntary recess
iii. Adjournment sine die
iv. Stopping the clock
b. Special session
c. Executive session
d. Joint session
i. Voting separately
ii. Voting jointly
8. Officers of Congress – Art. VI, Sec. 16 (1)
a. Read: Rep. Baguilat v. Speaker Alvarez, G.R. No. 227757, 25 July 2017
9. Quorum and voting majorities
a. Different kinds of majority
b. Doctrine of Shifting Majority
10. Legislative journal and record

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a. Probative value of journal

b. Enrolled Bill Theory
c. Journal vs. Enrolled bill
11. Electoral Tribunals - Art. VI, Sec. 17
a. Composition
b. Jurisdiction
i. Read: Tolentino v. SET, G.R. No. 248005, May 11, 2021
ii. Read: Penson v. COMELEC, G.R. No. 211636, September 28, 2021
c. Rules of the Tribunal
12. The Commission on Appointments
a. Composition
b. Jurisdiction
c. Rules of the Commission
13. Powers of Congress
a. General legislative power
i. Limitations (Substantive and procedural)
ii. Procedural requirements for the approval of bills
1. Requirements for the approval by Congress
a. One Title-One Subject Rule (Art. V, Sec. 26[1]) (hodge-podge or
logrolling legislation) (Rider) (Read: Saint Wealth Ltd. V. BIR, G.R.
No. 252965, December 7, 2021)
b. Bills which must originate exclusively in the House of
Representatives (Art. VI, Sec. 24)
c. Three Readings on Separate Days
d. The Printed-Form, Three-Day Requirement (Art. VI, Sec. 26[2])
e. No-Amendment Rule and Journal Entry Rule Upon the Last
Reading (Art. VI, Sec. 26[2])
f. Bicameral Conference Committees
2. Requirements for the approval by the President
a. Rule on Presentment
b. General veto and item-veto powers
c. Doctrine of Inappropriate Provisions
d. Rule on Singular Correspondence (Read: Belgica v. The
Honorable Executive Secretary, G.R. No. 210503, October 8,
2019)
e. Pocket veto
3. Publication requirement for the effectivity of laws
b. Auxiliary to the legislative power
i. Power of legislative oversight (Categories)
ii. Inquiries in aid of legislation
1. Limitations
2. Exemptions
3. Read: Agcaoili v. Fariñas, G.R. No. 232395, July 3, 2018
iii. Question hour
1. Inquiries in aid of legislation vs. Question hour
iv. Legislative contempt
1. Read: Balag v. Senate, G.R. No. 234608, July 3, 2018
c. Non-legislative powers
i. Power of impeachment
1. Read: Republic v. Sereno, G.R. No. 237428, June 19, 2018
2. Read: Re: Letter of Mrs. Ma. Cristina Roco Corona Requesting the
Grant of Retirement and Other Benefits to the Late Former Chief
Justice Renato C. Corona and Her Claim for Survivorship Pension as

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His Wife Under Republic Act No. 9946, A.M. No. 20-07-10-SC, January
12, 2021
ii. Power to Propose Change to the Constitution
iii. Power to Act as Board of Canvassers for Presidential and Vice-Presidential
Elections
iv. Power to Concur in Treaties
v. Power to Declare the Existence of State of War
vi. Power to Grant Emergency Powers to the President
vii. Power to Revoke and/or Extend Martial Law and Suspension of the Privilege of the
Writ of Habeas Corpus
viii. Power to Concur in Presidential Amnesties
ix. Power to Call a Special Election for President and Vice-President
x. Power to Judge President’s Physical Fitness to Discharge the Functions of the
Presidency
xi. Power to Confirm Nomination in the Office of the Vice-President
xii. Power to Object in Assistance Agreements Involving Our Natural Resources
V. Executive Department
1. Executive power
2. The President
a. Qualifications – Art. VII, Sec. 2
b. Term of office
c. Election
d. Reelection
3. Presidential succession
i. If there is vacancy BEFORE the beginning of the term – Art. VII, Sec. 7
ii. If there is vacancy DURING the incumbency – Art. VII, Sec. 8
1. Permanent vacancy
2. Temporary vacancy
iii. “Designated Survivor”
4. Presidential Immunities and privileges
a. Presidential immunity (during and after incumbency)
b. Executive privilege
c. Salary
5. Inhibitions against the President
a. Additional Office
b. Practice of Profession
c. Participation in Business
d. Financial Interest in Government
e. Conflict of Interest
f. Financial Accommodations
g. Double Compensation
h. Salary Increase
6. Powers of the President
a. Executive Power
b. Residual Power
c. Control Power
i. Doctrine of Qualified Political Agency/Alter Ego Doctrine (Read: NAPOCOR Board
of Directors v. COA, G.R. No. 218052, January 26, 2021)
ii. Doctrine of Exhaustion of Administrative Remedies(Read: CIR v. COMELEC, G.R.
No. 244155, May 11, 2021)
d. Administrative Power
e. Power of General Supervision
f. Appointing Power
i. Nature of the Power
ii. Presidential Appointments
1. Requiring CA confirmation
2. By the President alone

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3. Requiring JBC nomination (Read: Aguinaldo v. President Aquino III,

G.R. No. 224302, 29 November 2016)
iii. Limitations on the Appointing Power (Read: COURAGE v. Abad, G.R. No.
200418, November 10, 2020)
iv. Power of Removal
g. Military Powers
i. Doctrine of Command Responsibility (Read: Nacino v. The Office of the
Ombudsman, G.R. No. 234789-91, September 3, 2019)
ii. Calling-Out Power (Requirements, effects, limits, and judicial review)
iii. Power to Suspend the Privilege of the Writ of Habeas Corpus (Requirements,
effects, limits, and judicial review)
iv. Power to Declare Martial Law (Requirements, effects, limits, and judicial review)
1. (Read: Lagman v. Medialdea, G.R. No. 243522, February 19, 2019)
h. Emergency Powers
i. Conditions
ii. Takeover of business affected with public interest
i. Power of Executive Clemency
i. Nature
ii. Forms
1. Doctrine of Non-Diminution or Non-Impairment of the President’s Power of
Pardon by Acts of Congress
iii. Limits
j.
Power of Diplomacy and Treaty-Making
i. Diplomacy (Read: Esmero v. Duterte, G.R. No. 256288, June 29, 2021)
ii. Treaty-Making
iii. Role of the Senate
1. Treaty vs. executive agreements
2. Enacting laws vs. concurring in treaties
iv. Withdrawal from Treaties (Read: Pangilinan v. Cayetano, G.R. No. 238875,
March 16, 2021)
k. Borrowing Power
l. Power to Enter into Assistance Agreements Involving Our Natural Resources
m. Veto Powers
n. Power of Impoundment
o. Power of Augmentation
p. Addressing Power
7. Vice-President (Qualifications, term, election, reelection, succession, privileges, inhibitions, and
role)
8. Cabinet (Inhibitions and powers)
a. Read: Tetangco, Jr. v. COA, G.R. No. 244806, September 17, 2019
VI. Judicial Department
1. Judicial Power
a. Definition
b. Expanded certiorari jurisdiction
i. ..vs. certiorari under rule 65
c. Political Question Doctrine
i. 2 species
d. Judicial Review
i. Actual Case or Controversy
1. Exceptions to moot and academic principle
ii. Locus Standi (Read: PSE v. Secretary of Finance, G.R. No. 213860. July 05,
2022)
iii. Earliest Opportunity (Read: Comelec v. Aksyon Magsasaka – Tinig Partido ng
Masa (AKMA-PTM), G.R. No. 246816, September 15, 2020)
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iv. Constitutionality Is the Lis Mota

1. Doctrine of Purposeful Hesitation
e. Unconstitutionality of a Statute
i. Challenge to the Constitutionality
1. “As applied” challenge vs. “Facial” challenge (Read: Calleja v. Executive
Secretary, G.R. No. 252578, December 7, 2021)
2. Overbreadth Doctrine
3. Void-for-vagueness Doctrine
ii. Partial Declaration of Unconstitutionality
iii. Effects of Declaration of Unconstitutionality
1. Operative Fact Doctrine (Read: Dominguez v. COA, G.R. No. 256285.
August 03, 2021)
2. Supreme Court
a. Composition
b. Vacancy
c. Qualifications
d. Decision-Making
i. Sessions and Voting Requirements
1. En banc (Read: CICL XXX v. People, G.R. No. 246146, March 18, 2021)
2. In division
3. Voting requirements
4. When the necessary majority cannot be had
ii. Deliberations
1. Per curiam decision
iii. Writing Decisions
1. Memorandum decision
iv. Period in Deciding Cases
1. “Sin perjuicio” judgment
3. Powers of the Supreme Court
a. Judicial Functions
i. Original Jurisdiction
1. Doctrine of Hierarchy of Courts (Read: Yaphockun v. PRC, G.R. No.
213314, March 23, 2021)
ii. Appellate Jurisdiction
b. Administrative Functions
i. Temporary Assignment of Judges
ii. Change of Trial Venue
iii. Rule-Making
iv. Appointment of Judiciary’s Officials
v. Administrative Supervision over All Courts
4. Constitutional Safeguards to Ensure Judicial Independence (14 safeguards)
a. Read: Global Medical Center of Laguna, Inc. v. Ross Systems International, Inc., G.R.
No. 230112, May 11, 2021
b. Read: Eleazar v. Office of the Ombudsman, G.R. No. 224399, August 24, 2020
5. Judicial and Bar Council
a. Composition
b. Appointment and Term of Office of Regular Members
c. Functions
d. Supervisory Authority of the Supreme Court
VII. Fundamental Powers of the State
1. Preliminaries
a. Definitions
b. Similarities
c. Differences
2. Police Power

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a. Characteristics and Scope

b. Who can exercise
c. When is power exercised
i. Eminent domain as an implement of police power
ii. Taxation as an implement of police power (Read: Municipality of San Mateo,
Isabela v. Smart Communications, G.R. No. 219506, June 23, 2021)
d. Requisites for valid exercise
i. Lawful subjects
ii. Lawful means
iii. Procedural due process
3. Eminent Domain
b. Who can exercise
i. Permanent and complete deprivation (Read: Equitable PCI Bank, Inc. v. South
Rich Acres, Inc., G.R. No. 202384, May 4, 2021)
ii. Actual physical taking not necessary
i. Private property
ii. Necessity
iii. Public use
1. When property is already for public use
2. When specific public use is abandoned
iv. Just compensation
1. Inverse condemnation
2. Taking prior to full payment
3. A judicial function
4. Property’s value (Read: Llyods Richfield Industrial Corporation (now
Republic Cement Corporation) v. National Power Corporation, G.R.
No. 190207, June 30, 2021)
5. Reckoning value
6. Taxes and fees
7. Consequential damages
8. Interest
9. Exemplary damages and attorney’s fees
10. Form of payment
11. Time of payment
12. Effect of non-payment (Read: Manigbas v. Abel, G.R. No. 222123, June
28, 2021)
v. Due process
4. Taxation
b. Who can exercise
i. Territorial jurisdiction
ii. Public purpose
iii. Uniformity
iv. Due process
v. Infringes no inherent and constitutional limitation
VIII. Bill of Rights
1. Preliminaries (MEMORIZE Sections 1-22!)

a. Protection of whom?
b. Protection against whose acts? (Read: Cadajas v. People, G.R. No. 247348, November
16, 2021)
c. Hierarchy of rights
d. Bill of rights vs. human rights
2. Right to due process
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a. Right to life, liberty, and property

b. Constitutional due process vs. Statutory due process
c. Substantive due process
i. Requisites
ii. Levels of judicial scrutiny
d. Procedural due process
i. Requisites in judicial proceedings
ii. Requisites in administrative proceedings
3. Right to equal protection
a. Scope (Read: Aliping, Jr. v. CA, G.R. No. 221823. June 21, 2022)
b. When classification is allowed
i. requisites for valid classification (Read: Republic v. Maria Basa Express, G.R.
No. 206486, August 16, 2022
ii. Gender and child sensitivity
iii. Doctrine of Relative Constitutionality
iv. Levels of judicial scrutiny
v. “Suspect class” and “Quasi-suspect class”
4. Right against unreasonable search and seizure
a. Protection
i. Purpose, scope, and construction
ii. Effects of a violation
iii. Non-applicability to “reasonable” searches (Read: Saluday v. People, G.R. No.
215305, April 3, 2018; Re: Motu Proprio Fact-Finding Investigation on the
Issuance of Search Warrant and other Pending Incidents in the Case of the
Deceased Mayor Rolando Espinosa, Sr., A.M. No. RTJ-17-2494, January 26,
2021)
b. Requisites of a valid warrant
i. Administrative warrants of arrest
c. Warrantless arrests
i. Arrest in flagrante delicto
1. Continuing offense
2. Entrapment
ii. Arrest in hot pursuit
d. Warrantless searches (Conditions and Scope)
i. Search incidental to a lawful arrest
ii. Seizure in ‘plain view’
iii. ‘Stop-and-frisk’ search
1. Stop-and-frisk search vs. Search incidental to a lawful arrest
iv. Search of a moving private vehicle
1. Checkpoint searches
2. Checkpoint search vs. Bus search at checkpoints
3. Checkpoint search vs. Search of a moving private vehicle
v. Customs searches
1. Search of a fishing vessel
vi. Search under exigent and emergency circumstances
vii. Consented search
5. Privacy of communication and correspondence
a. Right to privacy in general
i. Concept and categories
ii. Two-fold test
b. Communication and correspondence
i. Purpose, scope, and construction
ii. Effects of a violation
iii. Limitations
c. Anti-Wiretapping Act
i. Prohibited acts
ii. Consequences of a violation
iii. Exception
d. Data Privacy Act
e. Writ of Habeas Data
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6. Freedom of expression, press, and peaceful assembly

a. Speech and expression
i. Concept and scope
ii. Kinds of regulations
iii. Tests for a valid government interference
iv. Commercial speech
v. Anti-SLAPP provision
vi. Libelous statements, obscenity or pornography, false or misleading advertisement,
insulting or "fighting words" (Read: Madrilejos v. Gatdula, G.R. No. 184389,
November 16, 2021)
vii. vs. academic freedom
viii. vs. responsibility as a lawyer
b. Press
i. State regulation of mass media
c. Assembly and petition
i. BP 880
7. Freedom of religion
a. Non-establishment clause
i. Concept and basis
ii. Exceptions (Art. VI, Secs. 28(3) and 29(2), Art. XIV, Secs. 3(3) and 4(2))
b. Free exercise clause
i. Dual aspect
1. Ecclesiastical affair (Read: Bishop Shinji Amari v. Villaflor, Jr., G.R. No.
224521, February 17, 2020)
ii. Standards
1. Strict Neutrality Theory
2. Benevolent Neutrality Theory
iii. Tests
1. Clear and Present Danger Test
2. Compelling State Interest Test
3. Conscientious Objector Test
c. Non-religious test clause
8. Liberty of abode
a. Scope
b. Limitations
9. Right to travel
a. Scope
b. Limitations
10. Right to information
a. Scope
b. Limitations (Read: Antolin-Rosero v. PRC, G.R. No. 220378, June 30, 2021)
11. Right of association
a. Membership in subversive organizations
b. Right not to join
12. Non-impairment of contracts
a. When there is impairment
b. Exceptions
13. Free access to courts and quasi-judicial bodies and adequate legal assistance
14. Rights of suspects
a. Miranda rights
i. Protection
ii. When available
iii. Waiver
b. Coerced confessions

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c. Effect of a violation
d. Remedies
15. Right to bail
a. Scope and application
i. Extradition
ii. Deportation
iii. Military
b. When bail a matter of right
c. When bail a matter of discretion (Read: In the Matter of Urgent Petition for the Release
of Prisoners on Humanitarian Grounds in the Midst of the Covid-19 Pandemic,
Dionisio S. Almonte, et al. v. People, G.R. No. 252117, July 28, 2020)
d. When bail should be denied
e. Reclusion perpetua vs. Life imprisonment
16. Rights of an accused
a. Criminal due process
b. Presumption of innocence
i. Equipoise Rule
ii. vs. presumption of regularity in the performance of duty (Read: People v. Supat,
G.R. No. 217027, June 06, 2018)
iii. vs. disputable presumptions (Read: Fuertes v. Senate, G.R. No. 208162, January
7, 2020)
c. Right to be heard
d. Right to be informed (Read: People v. Capongol, G.R. No. 239783, January 12, 2021)
e. Right to speedy, impartial and public trial
f. Right to meet the witnesses face to face (Confrontation Clause)
i. AM No. 004-07-SC
ii. Read: Canaveras v. Gamboa-Delos Santos, G.R. No., 241348. July 5, 2022
17. Privilege of the writ of habeas corpus
18. Speedy disposition of cases (Read: Cagang v. Sandiganbayan, G.R. Nos. 206438 and 206458,
July 31, 2018)
a. Similarities with and differences from speedy trial
b. Effect of violation to a pending case
c. Whose burden of proof?
d. Waiver of right
e. Delay in fact-finding investigations
f. The Braker Balancing(or Four-Fold) Test
g. When rules do not provide for time periods to conclude PI (Read: Figueroa v.
Sandiganbayan, G.R. Nos. 235965-66, February 15, 2022)
19. Rights against self-incrimination
a. Scope
b. Limitations
c. Effect of a violation
20. Freedom of political beliefs
21. Freedom against involuntary servitude
22. Right against cruel, degrading and inhuman punishment
23. Right against imprisonment for debt or non-payment of a poll tax
24. Right Against double jeopardy
a. Same “offense”
i. Requisites (Read: Austria v. AAA, G.R No. 205275, June 28, 2022)
ii. Doctrine of supervening event/supervening fact doctrine
iii. The Finality-of-acquittal Doctrine
b. Sam “act”
25. Right against ex post facto law
a. Kinds
26. Right against bill of attainder

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CHAPTER 2: ADMINISTRATIVE LAW
I. Administrative agencies
1. Manner of creation
2. Kinds
II. The Administrative Code (Read: DTI v. Enriquez, G.R. No. 225301, June 2, 2020)
III. Powers of Administrative Agencies/Bodies (Read: Alliance for the Family Foundation v.
Garin, G.R. No. 217872, April 26, 2017)
1. Quasi-legislative power (or rule-making power)
a. Notice and hearing required?
b. Publication and filing with the ONAR (Read: Pantaleon v. MMDA, G.R. No. 194335,
November 17, 2020; DENR Employees Union v. Abad, G.R. No. 204152, January 19,
2021)
2. Quasi-judicial powers
a. Adjudicatory powers
b. Determinative powers
i. Directing powers (includes dispensing, examining, and summary powers)
ii. Enabling powers (Regulatory or licensing powers)
1. Notice and hearing required?
IV. Judicial Recourse and Review

1. Doctrine of exhaustion of administrative remedies
a. Exceptions to the Doctrine
b. Doctrine of exhaustion of administrative remedies vs. Doctrine of primary administrative
jurisdiction (Doctrine of Prior Resort)
i. Read: National Federation of Hog Farmers, Inc., v. Board of Investments,
G.R. No. 205835, June 23, 2020)
ii. Read: Colmenares v. Manila Electric Company, G.R. No. 210245, August 3,
2021
2. Doctrine of finality of administrative action
CHAPTER 3: LAW ON PUBLIC OFFICERS
I. General Principles
1. Manner of creation
II. Modes and Kinds of Appointment
III. Rights of Public Officers

(Read: Lagman v. Ochoa, G.R. No. 197422, November 03, 2020; Atty. Montenegro v.
COA, G.R. No. 218544, June 2, 2020)
IV. Accountability of Public Officers

1. The “Threefold Liability Rule” (Read: Villafuerte v. COA, G.R. No. 246053, April 27, 2021)
2. Code of Conduct and Ethical Standards for Public Officials and Employees
3. RACCS (Read: DTI v. Enriquez, G.R. No. 225301, June 2, 2020)
4. Condonation Doctrine (Read: Gaudan v. Degamo, G.R. No. 226935, February 09, 2021)
5. Jurisdiction of the Civil Service Commission
6. Jurisdiction of the Ombudsman
7. Jurisdiction of the Commission on Audit

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CHAPTER 4: LAW ON LOCAL GOVERNMENTS
I. Public corporations
1. Distinguish from GOCCs
2. Classifications
II. Municipal Corporations or LGUs

1. Principles of decentralization—Sec. 3, LGC
2. Requisites for creation, conversion, division, merger or dissolution – Secs. 6-10, LGC
a. Read: Del Rosario v. Comelec, G.R. No. 247610, March 10, 2020
3. Inter-governmental relations – Sec. 27, LGC
a. Read: Hon. Paje v. Hon. Casino, G.R. No. 207257, 3 February 2015
III. Powers of LGUs

1. Police power (general welfare clause) – Sec. 16, LGC
a. Read: Bagong Repormang Samahan ng mga Tsuper at Operator sa Rotang Pasig
Quiapo via Palengke San Joaquin Ikot, Inc. v. City of Mandaluyong, G.R. No. 218593,
June 15, 2020
2. Eminent domain – Sec. 19, LGC
3. Taxing power
a. Read: Domato-Togonon v. COA, G.R. No. 224516, July 6, 2021
4. Closure and opening of roads – Sec. 21, LGC
5. Legislative power – Secs. 54-59, LGC
a. Read: Bayron v. COA, G.R. No. 253127, November 29, 2022
6. Corporate powers – Sec. 22, LGC
IV. Local officials

1. Powers of local officials (Read: Del Rosario v. Shaiki, G.R. No. 206249, December 10, 2019)
a. Power of augmentation (Read: Fernandez v. Commission on Audit, G.R. No. 205389,
November 19, 2019)
b. Powers of vice-officials (Read: Cadiao v. COA, G.R. No. 251995, January 26, 2021)
2. Succession of elective officials
3. Discipline of local officials
4. Term limits—Sec 43, LGC; RA 10742
a. “Three-term limit” rule (Read: Governor Tallado v. Comelec, G.R. No. 246679,
September 10, 2019)
5. Recall
V. LGU’s just share in national taxes

1. Read: Mandanas v. Ochoa, G.R. No. 199802, July 03, 2018
VI. LGU’s share in national wealth

1. Read: Republic v. Provincial Government of Palawan, G.R. No. 170867, January 21, 2020
CHAPTER 5: ELECTION LAW
I. COMELEC
1. COMELEC jurisdiction vs HRET jurisdiction (Read: Velasco v. Speaker Belmonte, G.R. No.
211140, January 12, 2016)
II. Registration of voters

1. Qualification and disqualification of voters
2. Inclusion and exclusion proceedings
a. Inclusion and exclusion proceedings v. Denial of due course to or cancellation of COC
proceedings
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III. Political parties
IV. Candidacy
1. Qualifications/eligibilities of candidates
a. General Guiding Principles in Candidates’ Qualifications
i. Qualifications for Public Office are Continuing Requirements (Read: Piccio v.
HRET, G.R. No. 248985, October 5, 2021)
i. Vice of Ineligibility Cannot be Cured by Election
ii. Qualifications of Candidates Specified in the Constitution Cannot be Expanded by
a Statute
b. Constitutional and Statutory Qualifications of Candidates
i. Update on SK qualifications: RA 10742, Sec. 10
c. Citizenship
i. Who are Filipino Citizens - Art. IV, Secs. 1-5
1. Natural-born vs. naturalized citizen
2. Read: David v. SET, G.R. No. 221538, September 20, 2016
ii. Renunciation of Foreign Citizenship to Run for Public Office
1. “Twin requirements” now Three Requirements
2. Dual Citizen from Birth
3. Dual Citizenship Obtained through Naturalization
4. Recantation of Oath of Renunciation
d. Residency
i. Change of Domicile
ii. The Law Treats Citizenship Independently of Domicile; However:
e. Age
f. Other Eligibilities of Candidates
i. Non-suffering from Any Term Limitation (Read: Governor Tallado v. Comelec,
G.R. No. 246679, September 10, 2019)
ii. Non-Suffering from Any Accessory Penalty of Disqualification (Read: Buenafe v.
Comelec, G.R. No. 260374. June 28, 2022)
2. Disqualification of candidates
a. Grounds for Disqualification
i. To All Candidates – Omnibus Election Code, Secs. 68 and 12
ii. To Local Candidates – LGC, Sec. 40
iii. To SK Candidates – RA 10742, Sec. 27
iv. To Candidates of a Special Election – RA 9285
v. Candidate Subject to Disqualification is Eligible but Committed Infraction or Placed
in a Disqualifying Situation
vi. Prior court judgment required? (Read: Francisco v. Comelec, G.R. No. 230249,
April 24, 2018)
vii. Restoration of Pardonee’s Right to Run for Public Office
viii. Effect of Penal Provision to the LGC Provision Which Allows Prior Convict to Run
After Two (2) Years
ix. Administratively ‘Removed from Office’ Defined (Read: Albania v. Comelec, G.R.
No. 226792, June 7, 2017)
b. Petition for Disqualification (Sec. 68) v. Petition to Deny Due Course to or Cancel COC For
False Material Representation in the COC (Sec. 78)
c. Effects of Disqualification Case: Who shall replace the disqualified candidate?
i. If the judgement for disqualification has attained its finality before election
1. RA 6646 (The Electoral Reforms Law of 1987), Sec. 6;
ii. If the judgment for disqualification is still unresolved or has not yet attained its
finality before election
1. Continuation of the case
2. Suspension of proclamation
iii. If the judgment for disqualification has attained its finality after election
1. When COC is valid – Doctrine of Rejection of the Second Placer
2. When COC is valid but a congressional candidate

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3. When COC is void ab initio (Read: Chua v. Comelec, G.R. No. 216607,
April 5, 2016)
3. Certificate of Candidacy (COC)
a. Ministerial duty of the Comelec to receive a COC – Sec. 76, OEC
b. Effect of filing a COC
c. Substitution of Candidates – Sec. 77, OEC
d. Petition to Deny Due Course to or Cancel COC
i. Denial of Due Course to or Cancelling COC of a Nuisance Candidate - Sec. 69,
OEC
1. Grounds (Read: Marquez v. Comelec, G.R. No. 244274, September 3,
2019)
ii. Denial of Due Course to or Cancellation of COC for False Material Representation
in the COC - Secs. 74 and 78, OEC
1. Choice of Remedy when Ground is Permanent Residency in a Foreign
Country
2. Petition to Deny Due Course to or Cancel COC For False Material
Representation in the COC (OEC, Sec. 78) v. Petition for Quo Warranto
(OEC, Sec. 253)
e. Effects of a Case for Denial of Due Course to or Cancellation of COC
i. If the judgement for a petition to deny due course to or cancel a COC has attained
its finality before election
1. If the ground for cancellation or denial is false material representation in the
COC - RA 6646 (The Electoral Reforms Law of 1987), Sec. 6 in relation to
Sec. 7 thereof
2. If the denial of due course to or cancellation of a COC is ordered because
of the declaration of a nuisance candidate - how about multi-slot office?
(Read: Santos v. Comelec, G.R. No. 235058, September 04, 2018)
3. Rule applicable to both grounds
ii. If the judgment for a petition to deny due course to or cancel a COC is still
unresolved or has not yet attained its finality before election
1. Continuation of the case
2. Suspension of proclamation
iii. If the judgment for disqualification has attained its finality after election
1. If the ground for cancellation or denial is false material representation in the
COC - RA 6646, Sec. 6 in relation to Sec. 7 thereof
2. If the denial of due course to or cancellation of a COC is ordered because
of the declaration of a nuisance candidate
3. Rule applicable to both grounds
V. Campaign
1. Premature Election Campaigning – Sec. 80, OEC; Sec. 5, RA 7166
2. Lawful Election Propaganda
3. Equal Access to Media
4. Electoral Expenditure
a. Allowable Amount - RA 7166, Sec. 13; RA 10590, Sec. 22
a. Read: Ejercito v. Comelec, G.R. No. 212398, November 25, 2014
VI. Casting and counting of votes

1. Automated Election System (AES)
a. Two Types - RA 8436, as amended by RA 9369, Sec. 2 (7) and (8)
b. Some Requirements for the Use of AES - RA 8436, as amended by RA 9369, Secs. 11 (4)
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2. Electoral Boards
a. Can Teachers Still be Compelled to Serve in Elections? Republic Act No. 10756 or the
Election Service Reform Act, Sec. 3
VII. Proclamation
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1. Remedies Before Proclamation

a. Denial of Due Course to or Cancellation of Certificate of Candidacy for False Material
Representation (Read: Guro v. COMELEC, G.R. No. 234345, June 22, 2021)
b. Declare a Nuisance Candidate to Cancel his Certificate of Candidacy
c. Disqualification
d. Suspension of Proclamation (Pending Case for Disqualification or Cancellation of COC) –
RA 6646, Sec. 6, last sentence, in relation to Sec. 7 thereof
e. Postponement of Election – OEC, Sec. 5
f. Failure of Election – OEC, Sec. 6
g. Pre-proclamation Controversies – OEC, Sec. 243
2. Remedies After Proclamation
a. Election Protest (OEC, Secs. 249-252 and 255)
b. Quo Warranto (OEC, Sec. 253)
i. Election Protest v. Quo Warranto
ii. Summary of Jurisdiction of Courts
c. Annulment of Election and Proclamation
CHAPTER 6: PUBLIC INTERNATIONAL LAW
I. General principles
1. Theories of International Law
a. Natural Law Theory/School
b. Positive Law Theory/School
c. Eclectic Theory/School (a.k.a. the Grotian School)
2. Relationship Between International and National/Municipal Law
a. Independence of International Law from National Law
i. Monism
ii. Dualism (or Pluralism)
1. International Law v. National Law
iii. Treaty vs. statute (Read: Pangilinan v. Cayetano, G.R. No. 238875, March 16,
2021)
b. Approaches to Implement International Law in National Law
i. Doctrine of Transformation
ii. Doctrine of Incorporation
iii. What the Philippine Law Follows
II. Sources of international law

1. Primary Sources
a. International Treaties and Conventions
b. Customary International Law
i. Opinio Juris
ii. Jus cogens
iii. Erga Omnes Obligation
c. General Principles of Law
i. Gap-filling function: The prohibition against non liquet in International Law
2. Subsidiary Sources
a. Judicial Decisions and ICJ Advisories
b. Highly Regarded Publicists
3. Hierarchy of Sources
a. Jus Cogens
III. Subjects and objects of international law

1. States
2. International Organizations
3. Individuals
4. Others
a. Non-Government Organizations?
b. Corporations?

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IV. Fundamental rights of State

1. The Right of Existence, Territorial integrity and Self-Preservation
a. Decolonization and the Principle of Uti Possidetis Juris
2. The Right of Sovereignty and Independence
a. Self-Determination
3. The Right of Equality
a. Act of State Doctrine
4. The Right to Property and Jurisdiction
a. Bases of Jurisdiction
i. Territoriality principle
ii. Nationality principle and statelessness
iii. Protective principle
iv. Universality principle
1. Treaties Providing for ‘Universal Jurisdiction’: Aut Dedere Aut Judicare
Principle
v. Passive personality principle
vi. Conflicts of jurisdiction
b. Extradition
i. Principle of specialty
ii. Dual criminality principle (Read: Government of Hongkong Special
Administrative Region (HKSAR) v. Munoz, G.R. No. 207342, August 16, 2016)
5. The right of legation
a. Diplomatic and consular law
V. Fundamental duties of States

1. Doctrine of State Responsibility – Arts. 1-3, Articles on Responsibility of States for Internationally
Wrongful Acts by the International Law Commission (ILC Articles)
a. The Rules of Attribution – Arts. 4-11, ILC Articles
2. Treatment of aliens
a. Refugees - 1951 Convention Relating to the Status of Refugees
b. Doctrine of Non-Refoulement
VI. Consequences of rights

1. Entrance Into Treaties (Treaty Law - Vienna Convention on the law of treaties [VCLT])
a. Preliminary Considerations in Treaty-Making
i. Requisites of a Treaty
ii. Treaty v. Executive Agreement
1. Sec. 20, Art. VII of the Constitution
2. Two Classes of Executive Agreements
3. Importance of Knowing the Distinction Between Executive Agreement and
Treaty
b. Principles Governing Treaties
i. General Rule: Pacta Sunt Servanda – Art. 26-27, VCLT (Read: MIAA Vs. COA,
G.R. No. 218388, October 15, 2019)
1. Exceptions:
a. Rebus Sic Stantibus – Art. 62, VCLT
b. Treaty in Violation of the Constitution – Arts. 27 and 46, VCLT
ii. General Rule: Principle of Autonomy
1. Exception: Jus cogens – Art. 53, VCLT
iii. General Rule: Non-retroactivity – Art. 28, VCLT
1. Exception: VCLT, Art. 28
iv. General Rule: Pacta tertiis nec nocent nec prosunt – Art. 34, VCLT
1. Exceptions:
a. Treaties which have become part of Customary International Law –
Art. 38, VCLT
b. Stipulation Pour Autrui - Art. 36, VCLT
c. Steps in Treaty-Making

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i. Negotiation
ii. Signing
1. Simple signature v. Definitive signature
iii. Consent to be Bound
1. Definitive signature – Art. 12, VCLT
2. Exchange of instruments constituting a treaty – Art. 13, VCLT
3. Acceptance and approval – Art. 16, VCLT
4. Accession – Arts. 15-16, VCLT
5. Ratification
a. Ratification in the Philippines (EO 459)
iv. Entry into Force – Arts. 24-25, VCLT
v. Registration with the UN - Art. 102 and Art. 6, Charter of the United Nations
2. Peaceful and Forcible Sanctions
a. Peaceful sanctions (a.k.a Pacific Settlement of Dispute) – Art. 2(3), and Art. 33, UN
Charter
i. Principle of “free choice of means” for settlement of disputes (Read: Bolivia v.
Chile, General List No. 153, ICJ, October 1, 2018)
ii. Concept of ex aequo et bono – Art. 38(2), ICJ Statute; Art. 33, UNCITRAL
iii. Forum Prorogatum in unilateral application to an international court
b. Forcible sanctions – Arts. 2(4) and (7), 41, 42, and 43, UN Charter
i. Right to self-defense – Art. 51, UN Charter; Art. II, Sec. 2 and Art. VI, Sec. 23 (1) of
the Constitution
VII. Specialist areas of international law

1. The International Law of the Sea (UNCLOS)
a. Archipelagic states (Art. 46)
i. Straight archipelagic baselines (Art. 47)
ii. Archipelagic waters (Arts. 49, 51, and 52)
iii. Archipelagic sea lanes passage (Art. 53)
iv. Regime of Islands (Art. 121)
b. Internal waters
c. Territorial sea
d. Contiguous zone (Art. 33)
e. Exclusive economic zone (Art. 56)
f. Continental shelf
i. Concept and requirements for an Extended Continental Shelf (Art. 76[8])
1. Obligation of a party state to UNCLOS even in a case against a non-party
state (Read: Nicaragua v. Colombia, I.C.J. Reports 2016, p. 100, March
17, 2016)
ii. LGU’s continental shelf (Read: Republic v. Provincial Government of Palawan,
G.R. No. 170867, December 04, 2018)
2. International Human Rights Law
a. Universal Declaration of Human Rights
i. Nelson Mandela Rules – See also RA 10575
ii. Read: People v, Revilla, G.R. No. 247611, January 13, 2021
b. International Covenant on Civil and Political Rights
c. International Covenant on Economic, Social and Cultural Rights
3. International Humanitarian Law
a. Categories of armed conflict
b. Treatment of civilians in armed conflict
c. Prisoners of war
d. R.A. 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide,
and Other Crimes Against Humanity)
e. Genocidal Intent (Dolus specialis) (Read: Croatia v. Serbia, I.C.J. Reports 2015, p. 3,
February 3, 2015)
4. International Environmental Law
a. Principle 21 of the Stockholm Declaration
b. Principle 15 of the Rio Declaration (a.k.a. The Precautionary Principle)

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i. Obligation to conduct environment impact assessment and notify and consult

affected state if there is risk of significant transboundary harm (Read: Costa Rica
v. Nicaragua, I.C.J. Reports 2015, p. 665, December 16, 2015)
5. International Criminal Law
a. Rome Statute of the International Criminal Court (take special attention to Arts. 5 and 127)
i. Read: Pangilinan v. Cayetano, G.R. No. 238875, March 16, 2021
ii. Read: Decision Pursuant to Article 15 of the Rome Statute on the
Authorization of an Investigation into the Situation in the Republic of
Burundi”, ICC-01/17-X-9-US-Exp, 25 October 2017

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1

COVERAGE OF ASSIGNED READINGS: MEETING NO. 1

CHAPTER 1: CONSTITUTIONAL LAW

I. The Philippine Constitution

II. The Philippines as a State

1. National Territory (Art. I — MEMORIZE!)

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III. State Policies, Principles and Other General Considerations

1. Republicanism (Art. II, Sec. 1)

COVERAGE OF ASSIGNED READINGS: MEETING NO. 2

IV. Legislative Department

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a. Probative value of journal

COVERAGE OF ASSIGNED READINGS: MEETING NO. 3

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All rights reserved. This course syllabus or any portion thereof

3. Requiring JBC nomination (Read: Aguinaldo v. President Aquino III,

COVERAGE OF ASSIGNED READINGS: MEETING NO. 4

VI. Judicial Department

iv. Constitutionality Is the Lis Mota

COVERAGE OF ASSIGNED READINGS: MEETING NO. 5

VII. Fundamental Powers of the State

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a. Characteristics and Scope

VIII. Bill of Rights

1. Preliminaries (MEMORIZE Sections 1-22!)

a. Right to life, liberty, and property

6. Freedom of expression, press, and peaceful assembly

COVERAGE OF ASSIGNED READINGS: MEETING NO. 6

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All rights reserved. This course syllabus or any portion thereof

COVERAGE OF ASSIGNED READINGS: MEETING NO. 7

CHAPTER 2: ADMINISTRATIVE LAW

IV. Judicial Recourse and Review

CHAPTER 3: LAW ON PUBLIC OFFICERS

II. Modes and Kinds of Appointment

III. Rights of Public Officers

IV. Accountability of Public Officers

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COVERAGE OF ASSIGNED READINGS: MEETING NO. 8

CHAPTER 4: LAW ON LOCAL GOVERNMENTS

II. Municipal Corporations or LGUs

III. Powers of LGUs

IV. Local officials

V. LGU’s just share in national taxes

VI. LGU’s share in national wealth

COVERAGE OF ASSIGNED READINGS: MEETING NO. 9

CHAPTER 5: ELECTION LAW

II. Registration of voters

III. Political parties

All rights reserved. This course syllabus or any portion thereof

COVERAGE OF ASSIGNED READINGS: MEETING NO. 10

VI. Casting and counting of votes

1. Remedies Before Proclamation

CHAPTER 6: PUBLIC INTERNATIONAL LAW

II. Sources of international law

III. Subjects and objects of international law

All rights reserved. This course syllabus or any portion thereof

IV. Fundamental rights of State

V. Fundamental duties of States

COVERAGE OF ASSIGNED READINGS: MEETING NO. 11

VI. Consequences of rights

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