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CONSTITUTIONAL LAW 1 SYLLABUS

SY 2023-2024

Course Outline and Cases

FIRST WEEK

I. INTRODUCTION
A. Important Definitions

Political Law
- Is that a branch of public law which deals with the organization and
operations of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory. (People v
Perfecto, 43 Phil 887)
Constitutional Law
- The body of law that evolves from a. Constitution, setting out the
fundamental principles according to which a state is governed and
defining the relationship between the branches of government within
the state. (By Powerpoint of Judge Logan)
- Is the study of the structure and powers of the Government of the
Republic of the Philippines. It also deals with certain basic concepts of
Political Law, such as the nature of the State, the supremacy of the
Constitution, the separation of powers, and the rule of the majority.
(Political Law by Isagani Cruz)
Constitution
- In its broad sense, the term constitution refers to the “body of rules and
principles in accordance with which the power of sovereignty is
regularly exercised.”
- Etymology: Latin word “CONSTITUO” which means “fixed”,
“established”, or “settled”
Other definitions:
o Supreme or highest law of the land
o An effective instrument of the government
o A symbol of unity, basics values, customs and traditions

B. Overview of the Constitution

The Constitution
 Basic Principles
 Purpose/Role
o Nature and Purpose
 1. Serves as the supreme or fundamental law
 It is the charter creating the government.
 It is binding to all individual citizens and all organs of
the government.
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 It is the law to which all other laws must common.

 It is the test of the legality of all governmental actions.
 Classification of Constitution
(Written/Unwritten; Conventional or Cumulative; Rigid/Flexible)
- Kinds of Constitution
o Written – contained in one single document
o Unwritten – not embodied in one single document but is
evolved through time (Ex. That of England)
- Differences between the two:
o A.
 Written – granted either by a ruler, enacted by the
legislature, or framed by a constituent body called the
Constitutional convention and ratified by the people.
 Unwritten – undergoes growth and development by
accumulation of fundamental laws and by evolution of
usages and customs.
o B.
 Written characterized by its rigidly – difficult to amend
 Unwritten – flexible; easy to amend
o C.
 Written – possess a higher authority than a statute
 Unwritten – may not be supreme over the ordinary laws
because it can altered at any time by the legislature or
parliament.
- Ways by which a Constitution grow and develop
o 1. By Statutory elaboration – statutes or ordinary laws
o 2. By usage – influenced greatly by the customs and practices of
the people for whom it is enacted
o 3. Judicial interpretation
o 4. Formal amendment
 By legislative action – as a constituent assembly
 By act of the legislature in proposing amendments and
the submission of the same to the people for their
ratification in a plebiscite held for the purpose
 Action of a Constitutional Convention
o 5. By executive action – what President Marcos did in 1973

 Essential Qualities of a Good Written Constitution

(Broad, Brief and Definite or Clear)
- Characteristics of a good written Constitution
o It must be brad or comprehensive – outline the organization of
the government; the government’s framework and functions of
the powers of government
o It must be brief or concise – avoid verbosity, vagueness, and
contradictions
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o It must be clear and definite – must have no room for

ambiguity; it might be susceptible to various interpretations

 Essential Parts of a Written Constitution

(Liberty, Government and Sovereignty)
- Contents of a written Constitution
o 1. Preamble – introduction to the Constitution; it explains why
the constitution is enacted and for whom it is made; it
enumerates the general objectives of the constitution
o 2. Division and distribution of the powers and functions of
government
o 3. Bill of rights – enumeration of rights of the people protected
and guaranteed from abuses and oppression of individuals,
groups of persons, associations, and the government (examples:
civil, political, rights of the accused)
o 4. Amendatory process

 Amendment or Revision of Constitution, Ratification of the Same and

Judicial Review of the Amendments Made
o Revisions and Amendments to the Constitution
 “Revision” and “amendment” have the common
characteristics of working changes in the charter; and are
sometimes used in exactly the same sense but there is an
essential difference between them, … Basically, revision
suggests fundamental change, while amendment is a
correction of details.

ARTICE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may
be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(Section 4. Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which when ratified by a majority
of the votes cast in a plebiscite which shall be held not either
than sixty days nor later than ninety days after the approval of
such amendment or revision)
(2) A constitutional convention. The Congress may, by a vote of
two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate
the question of calling such a convention.

Any amendment under Section 2 hereof shall be valid when

ratified by a majority of the votes cast in a plebiscite which shall
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be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the
sufficiency of the petition.

(3) Directly proposed by the people through initiative upon a

petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters
therein. No amendment under this section shall be authorized
within five years following the ratification of this Constitution
nor oftener than once every five years thereafter:

Three Theories of a Constitutional Convention

Case: (1) Lambino and Aumentado vs. Comelec

G.R. Nos. 174153 And 174299, October 25,
2006

 Basic Rules in the Interpretation of the Constitution

o Constitutional Interpretation
 Interpretation or construction is the act or process of
discovering and expounding the meaning and intention of
the authors of the law with respect to it’s application to a
given case.
 Dissect:
 Construction – a process for determining the meaning
of statutes, drawing of conclusions with respect to
subjects which lie beyond the direct expression of the
text from elements known from, and given, in the text
– resorts to extrinsic aids or circumstances not found
in the language of the law
 Interpretation – limited to exploration of the written
text itself – resorts to intrinsic aids or matters found
in the law itself
 Principles of Constitutional Construction
o Principles in Constitutional (and Statutory) construction:
 1. Where provision is plain – apply the law as is
 2. Where there is ambiguity (doubtfulness, double meaning,
indistinctions or uncertainty of meaning of an expression
used in a written statement. Need judicial interpretation –
Courts
o Common Rules of interpretation and construction:
 1. Effectuation of intent of the framers or the people – it is
the duty of the courts to constantly keep in mind the
objectives sought to be accomplished by its adoption and the
evils, if any sought to be prevented or remedied.
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 2. Uniform construction – cardinal rule: Constitution should

receive a consistent and uniform interpretation, even though
the circumstances may have so changed as to make a
different rule seem desirable. Principle of stare decisis
“Stare Decisis et non quieta mo- vere” which means “to
adhere to decided cases and not to disturb settled questions.”
 3. Flexible construction – A constitution usually announces
certain basic principles to serve as the perpetual foundation
of the State. Courts are not inclined to adopt such a technical
of strained construction as will unduly impair the efficiency
of the legislature to meet responsibilities occasioned by
changing conditions of society. In interpreting broad and
indefinite provisions, the Courts should thus take into
account both conditions at the time of the adoption of the
Constitution and those prevailing at the moment.
 4. Liberal construction – the wordings of a constitutional
provision do not have a narrow or contracted meaning but
are used in a broad sense with a view to covering all
contingencies. It is not subject to strict construction unlike
penal statutes.
 5. Practical constructional – construed so as to give it
effective operation and suppress the mischief at which it is
aimed.
 6. Cinstrued as a whole – construed not as an isolated and
independent precept, but as an integral part of the whole
document in which it is embodied and in the light of history
of its enactment.
 7. Every part to be given effect – every part and every word
 8. Conflicting provisions to be harmonized – if there is a
conflict between a general and a special provision, the special
provision must prevail in respect of its subject matter since it
will be regarded as a limitation on the general grant
 9. Words to be given their ordinary meaning – plain, natural,
and usual signification of the word
 10. Consideration of the spirit as against the letter – fair and
liberal construction not only according to its letter but also
according to its true spirit

Cases: (2) Civil Liberties Union vs. Executive

Secretary, G.R. No. 83896, February 22,
1991;

(3) Francisco, Jr. vs. House of

Representatives, G.R. No. 160261,
November 10, 2003

 Presumptions in Constitutional Interpretations

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o In constitutional law, the presumption of constitutionality is the

legal principle that the judiciary should presume statutes enacted
by the legislature to be constitutional, unless the law is clearly
unconstitutional, or a fundamental right is implicated.

Cases: (4) Manila Prince Hotel vs. GSIS, G.R. No.

122156, February 3, 1997

(5) Chavez vs. Judicial and Bar Council,

G.R. No. 202241, July 17, 2012

 Historical Background of the 1987 Constitution

o HISTORICAL BACKGROUND OF THE 1987 CONSTITUTION
 1. Installation of a revolutionary government
 2. Drafted by a Constitutional Commission created under
Article V of Proclamation No. 3, March 25, 2986
 3. Composed of not less than 30 nor more than 50 natural-
born citizens or recognized probity, known for
independence, nationalism and patriotism
 4. Proposed Constitution was approved by the Commission
of October 12, 1986 (133 days of work)
 5. Final session was held on October 15, 1986 to sign the 190-
page draft consisting of: Preamble 18 Articles, 321 Sections,
Presented to the President of the Philippines who fixed the
date for the holding of a plebiscite.
 6. Ratification by a majority of the votes cast; plebiscite held
within a period of 60 days following the submission to the
President.
 Salient Features of the 1987 Constitution
o BASIC PRINCIPLES OF GOVERNMENT UNDERLYING THE 1987
CONSTITUTION
 1. Recognition of the aid of Almighty God (Preamble)
 2. Sovereignty of the (Art. II, Sec. 1)
 3. Renunciation of war as an instrument of national policy
(Ibid, Sec. 2)
 4. Supremacy of civilian authority over military (Sec. 3)
 5. Separation of church and State (Sec. 6)
 6. Recognition of the importance of the family as a basic
social institution and of the vital role of the youth in nation-
building (Sections 12, 13, Art. XV)
 7. Guarantee of human rights (Art. III, Secs. 1-22, Art. XIII,
Secs. 17-19)
 8. Government through suffrage (Art. V, Sec. 1)
 9. Separation of powers with the concomitant checks and
balances (Art. VI, Sec. 1)

 Difference Between Constitution and Statute

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SECOND WEEK

II. THE PHILIPPINES AS A STATE

1. Definition of State, Nation and Distinctions

2. Elements of State and Definitions/Distinctions
1. People
Right of the People to Self-Determination (Internal and External)
2. Territory
Three Components
Case: (6) Province of North Cotabato vs.
Government of the Republic of the
Philippines, G.R. No. 183591, October 14,
2008
3. Government
De Facto (Kinds) and De Jure and their Characteristics
Case: (7) Lawyers League for a Better
Philippines vs. Corazon Aquino,
G.R. No. 73748, May 22, 1986

Functions of the Government

Case: (8) Philippine Virginia Tobacco
Administration (PVTA) v. Court of
Industrial Relations (CIR), G. R.
No. L-32052, July 25, 1975

Doctrine of Parens Patriae

Cases: (9) Soriano vs. Laguardia, G.R. no.
164785, April 29, 2009

(10) San Juan Dela Cruz vs. Gracia,

G.R. No. 177728, July 31, 2009
4. Sovereignty
Four Kinds of Sovereignty
Essential Characteristics
(11) People vs. Perfecto, G.R. NO. L-
18463, October 4, 1922
Kinds of Jurisdiction
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(12) Callado vs. International Rice

Research Institute, G.R. No.
106483, May 22, 1995

C. Fundamental and Inherent Powers of the State

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

 Similarities and Distinctions

THIRD WEEK

III. THE CONSTITUTION

A. The Preamble
 Brief Background
 Origin/Authorship
 Meaning
 Function

B. National Territory – Art. I

 Four Points of Reference in Determining Philippine Territory

 Scope of Philippine National Territory

Areas Beyond Land Territory:

1. Territorial Seas
2. Contiguous Zone
3. Exclusive Economic Zone
4. High Seas

 The Archipelagic Doctrine

 Treaties
Treaty of Paris
Treaty of Washington
Treaty with Great Britain

 Method of Determining Baselines

R.A. No. 3046, June 17, 1961
R.A. No. 5446, September 8, 1968

Case: (13) Magallona vs. Ermita, G.R. No. 187167,

August 16, 2011
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C. General Principles – Article II

 The principle of Republicanism- Art. II, Sec. 1
Definition of Republican State; Republican
Government
Essential Features or Characteristics of
Republicanism
Manifestations of Republicanism

 Principle of Separation of Powers

 Purpose
 Related Principles
Blending of Powers
Checks and Balances

Political and Justiciable Questions

Cases: (14) Gonzales vs. Office of the
President, G.R. No.
196231, September 4, 2012

(15) Sanidad vs. Comelec, 73

SCRA 333 (1976)

(16) Lansang vs. Garcia, 42

SCRA 448 (1971)

(17) Garcia-Padilla vs. Enrile,

121 SCRA 472 (1983)

Political Question under the 1987 Constitution

(18) Estrada vs. Desierto,

G.R. No. 146710-15, March 2,
2001

FOURTH WEEK

Principle of Delegation of Powers

Permissible Delegation of Powers

1. Tariff Powers
2. Emergency Powers

Cases: (19) David vs. Arroyo, G.R. No

171396, May 3, 2006
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(20) Divinagracia vs. Consolidated

Broadcasting System, Inc.,
G.R. No. 62272, April 7, 2009

3. Delegation to the People

4. Delegation to Local Governments
5. Delegation to Administrative Bodies

 Tests of Delegation
1. Completeness Test
2. Sufficient Standard Test

Cases: (21) People vs. Vera, 112 SCRA 294

(22) Ynot vs. Intermediate
Appellate Court, 148 SCRA 659

(23) Emmanuel Pelaez vs. Auditor

General, 15 SCRA 569

 Role of the Judiciary

Determination of valid exercise of power:
Conferred/Express Powers
Doctrine of implication
Case: (24) Angara vs.
Electoral Commission, 63 Phil. 139
Inherent or Incidental Powers

 Adherence to International Law - Art. II, Sec. 2

Incorporation Clause/Doctrine of
Incorporation/Effects of Incorporation
Dualist View of Legal Systems
International Law

 Supremacy of Civilian Authority - Art. II, Sec. 3; Art. VII, Sec. 18; Art. XVI,
Sec. 5(2) and (4)
The need for affirmation of supremacy of civilian
authority
Composition of the AFP/Role of the AFP (Art. XVI,
Sec. 4)
Insulation of AFP from partisan politics (Art. XVI,
Sec. 5)

Case: (25) Manalo vs. Sistoza, G.R. No. 107369,

August 11, 1999;

 Government as Protector of the People and People as Defenders of the

State - Art. II, Sec. 4 and 5
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R.A. No. 7077, The Citizen Armed Force

 Separation of the Church and State - Art. II, Sec. 6; Art. III, Sec. 5; Art. IX,
C, Sec. 2(5); Art. VI, Sec. 5(2); Art. VI, Sec. 29(2)
Exceptions: Art. VI, Sec. 28(3), 29(2); Art. XIV, Sec. 3(3), Sec.
4(2)

Rationale
Reinforcement of Separation of Church and State
Exceptions

FIFTH WEEK

D. State Policies
 Independent Foreign Policy – Art. II, Sec. 7
Case: (26) Bayan vs. Executive Secretary, G.R.
No. 138570, October 10, 2000

 Policy of Freedom from Nuclear Weapons – Art. II, Sec. 8

 Promotion of a Just and Dynamic Social Order, Art. II, Section 9
 Social Justice – Art. II, Sections 10 & 26; Art. VII, Sec. 13, par. 2; Art. XIII,
Sections. 1 & 2
Definition of Social Justice
Case: (27) Calalang vs. Williams, 70 Phil 276

 Full Respect for Human Dignity and Human Rights and Dignity of Every
Person – Art. II, Sec. 11; Art. XIII, Secs. 17-19
Case: (28) Basco vs. PAGCOR, G.R. No. 91649,
May 14, 1991

 Sanctity of Family Life Art. II, Sec. 12

Cases: (29) Imbong vs. Ochoa, G.R. No. 204819,
April 8, 2014

(30) Continental Steel Manufacturing

Corporation vs. Montano, G.R. No.
182386, October 13, 2009

 Vital Role of the Youth in Nation-Building, Art. II, Section 13

 Role of Women in Nation Buidling– Art. II, Sec. 14
Cases: (31) Garcia vs. Drilon, G.R. No. 179267,
June 25, 2013
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(32) Philippine Telegraph and Telephone

Co. vs. NLRC, G.R. No. 118978, May
23, 1997

 Promotion of Right to Health of the People– Art. II, Sec. 15 (Imbong vs.
Ochoa, supra)

 Protection of the Right to a Balanced and Healthful Ecology, Art. II, Sec.
16
Writ of Kalikasan

 Priority to Education, Science and Technology, Arts, Culture and Sports,

Art. II, Sec. 17
Case: (33) Professional Regulation
Commission vs. De Guzman, G.R. No. 144681, June
21, 2014

 Labor as a Primary Social Economic Force– Art. II, Sec. 18

Case: (34) JMM Promotion and Management
vs. Court of Appeals, G.R. No. 120095,
August 5, 1996

 Self-Reliance and Independent National Economy – Art. II, Sec. 19

Case: (35) Espina vs. Zamora, G.R. No. 143855,
September 21, 2010

 Encouragement of Private Enterprise and Incentives to Needed

Investments - Art. II, Sec. 20;
 Comprehensive Rural Development and Agrarian Reform, Art. II, Section
 Rights of Indigenous Cultural Communities, Art. II, Section 22
 Encouragement of Non-Governmental, Community-Based, of Sectoral
Organizations, Art. II, Section 23
 Vital Role of Communication and Information in Nation-Building, Art. II,
Sec. 24
 Autonomy of Local Government – Art. II, Sec. 25; Art. X (Local
Government)
Case: (36) Judge Dadole vs. COA, G.R. No. 125350,
December 3, 2002
 Equal Access to Opportunity for Public Service, Art. II, Section 26
 Honesty and Integrity in Public Service, Art. II, Section 27
 Full Public Disclosure of all State Transactions Involving Public Interest,
Art. II, Section 28,
Case: (37) Akbayan vs. Aquino, G.R. No. 170516, July
16, 2008 - Research

SIXTH WEEK
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E. Doctrine of State Immunity (Art. XVI, Sec. 3)

 Basis
 Application
Case: (38) University of the Philippines
vs. Dizon, G.R. No. 171182, August
23, 2012
 Waiver of Immunity
Forms of Consent (Express or Implied)
Case: (39) Merritt vs. Government of the
Philippine Islands, 34 Phil. 311

 Suits Against Government Agencies

Case: (40) Air Transportation Office vs.
Ramos, G.R. No. 185685, February 23,
2011

 Suability vs. Liability

Case: (41) Fontanilla vs. Maliaman, et al.,
G.R. No. 55963 National Irrigation
Administration vs. Fontanilla, et al.,
G.R. No. 610-45, December 1, 1989

Act of State Doctrine

Case: (42) Credit Suisse vs. U.S. District
Court for the Central District of
California, 130 7.3d 342, 1347-48, in
relation to PNB vs. U.S. District
Court of Hawaii 04-71843 (D.C.
No. MDL-00840-MLR), February 4,
2005

 Doctrine of Stare Decisis

PRELIMS

SEVENTH WEEK

CITIZENSHIP
 Definition of Citizenship and Citizen
 Modes of Acquiring Citizenship
 Jus Sanguinis
 Jus Soli
 Naturalization and its Attributes

A. Citizens at the time of the adoption of 1987 Constitution

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B. Natural Born Citizens – Art. IV, Sec. 2

Case: (43) Grace Poe vs. Comelec, G.R. No.
221697, March 8, 2016

Privileges for Natural Born Citizens –

 Art. VI, Secs. 3 & 6 (Membership in Senate and House of
Representatives)
 Art. VII, Secs. 2 & 3 (President/VP)
 Art. VIII, Sec. 7(1) (Supreme Court Justice)
 Art. IX, B, C, D, Sec. 1(1) (Membership as Commissioner)
 Art. XI, Sec. 8 (Ombudsman and Deputies)
 Art. XII, Sec. 8 (Transferee of Private Land Despite Lost of
Citizenship)
 Art. XII, Sec. 20 (Membership in the Board of Central
Monetary Authority)
 Art. XIII, Sec. 17(2) (Membership in the Human Rights
Commission)

C. Naturalization
Definition of Naturalization
Effects of Naturalization
Modes of Naturalization
A. Direct
B. Derivative

Judicial Proceeding -
 Commonwealth Act No. 473 (Revised Naturalization Law) –
Sections 2, 3, 4, 5, 7, 8, 15 & 18
 R.A. No. 530, Section 1 – Effect on the Wife and Children

a. Administrative Proceeding – R.A. No. 9139 Administrative Law of

2000

b. Direct Act of Congress

D. Denaturalization
Grounds for Denaturalization

E. Loss of Citizenship – Art. IV, Sec. 3

How may it be lost?

Cases: (44) Coquilla vs. Comelec, G.R. No. 151914,

July 31, 2002
(45) Yu vs. Santiago, 169 SCRA 364 (1989)

F. Reacquisition of Citizenship
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How may it be reacquired?

Commonwealth Act No 63, Sec. 1(2)

Cases: (46) Frivaldo vs. Comelec, 174 SCRA 245

(1989)
(47) Frivaldo vs. Comelec, 257 SCRA 727
(1996)
(48) Altarejos vs. Comelec, G.R. No.
163256, November 10, 2004

R.A. No. 8171 [An Act Providing for Repatriation of Filipino Woman Who Lost Her
Citizenship by Reason of Marriage to Aliens and of Natural Born Filipinos, on Account of
Political and Economic Necessity and to the Minor Children of Natural Born Citizens]

Case: (49) Tabasa vs. Court of Appeals, GR No.

125793, August 29, 2006

G. Dual Citizenship

R.A. No. 9225 [An Act Making the Citizenship of Philippine Citizens Who Acquire
Foreign Citizenship Permanent; Amending for the Purpose Commonwealth Act No. 63, as
Amended and for Other Purposes], September 17, 2003

Case: (50) Lopez vs. Comelec and Tessie P.

Villanueva, G.R. No. 182701,
July 23, 2008

(51) Nicholas-Lewis vs. Comelec, G.R.

No. 162759, August 4, 2006

H. Dual Allegiance – Art IV, Secs. 4 & 5 (See Sec. 40, R.A. No 7160, Local
Government Code)

Case: (52) Aznar vs. Comelec, G.R. No. 83820,

May 25, 1990
(53) Mercado vs. Manzano, 307 SCRA 630
(1999)
(54) Valles vs. Comelec, G.R. No. 137000,
August 9, 2000

IV. Suffrage

Definition
Who may exercise
Two meanings of Residence
Persons Disqualified to Vote
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Case: (55) Jalosjos vs. Comelec, G.R. No. 191970,

April 24, 2012

EIGHTH WEEK

IV. LEGISLATIVE DEPARTMENT

Legislative Power
1. Classification/Kinds of Legislative Power
2. Limitations
3. Exceptions to Non-Delegation of Legislative Powers

Cases: (56) Kilusang Mayo Uno, et al. vs. The Director

General, NEDA, et al., G.R. No. 167798, April 19,
2006
(57) Metropolitan Development Authority vs. Dante
O. Garin, G.R. No. 130230, April 15, 2005

 Composition, Qualification and Term of Office

Senate – Art. VI, Secs. 2-4

House of Representatives – Art. VI, Secs. 5-8, Art. XVIII,

Sec. 7

Legislative Districts
Apportionment and Rationale
Gerrymandering

Party List System

Manner of Allocating Seats for Party List Representatives

Case: (58) Ang Ladlad vs. Comelec, G.R. No.

190582, April 8, 2010

 Synchronized Terms of Office –Art. XVIII, Secs. 1 & 2

 Election
Regular – Art. VI, Sec. 8
Special – Art. VI, Sec. 9
Case: (59) Tolentino vs. Comelec, G.R. No.
148334, January 21, 2004
Disqualification

Case: (60) Ocampo vs HRET, G.R. No.

158466, June 15, 2004
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 Organization and Sessions

Election of Officers – Art. VI, Sec. 16(1)
Quorum – Art. VI, Sec. 16(2) and Sec. 21

 Journal and Congressional Record – Art. VI, Sec. 16(4)

 Enrolled Bill Theory

 Probative Value of the Journal

 Matters to be Entered in the Journal – Art. VI, Sec. 16(4), Sec. 26(2), Sec. 27(1),
Sec. 16

 Journal Entry Rule vs. Enrolled Bill Theory

 Sessions
Regular – Art. VI, Sec. 15
Special – Art. VII, Secs. 10-11, 18, par. 2
Joint Session
 Voting Separately

Art. VI, Sec. 23(1) (Declaring a State of War)

Art. VII, Sec. 4 (Choosing the President)
Art. VII, Sec. 9 (Confirming the Nomination of
Vice President)
Art. VII, Sec. 11, par. 4 (Determining the
President’s Temporary Disability)
Art. XVII, Sec. 1(1) (Proposing Constitutional
Amendments)

 Voting Jointly
Art. VII, Sec. 18 (To Revoke or Extend Martial
Law or Suspension of Privilege of
Habeas Corpus)

 Freedom from Arrest – Art. VI, Sec. 11, Art. 145, Revised Penal Code

 Speech and Debate Clause – Art. VI, Sec. 11

 Disqualifications
Incompatible and Forbidden Offices – Art. VI, Sec. 13

 Other Prohibitions – Art. VI, Sec. 14

Case: (61) Liban vs. Gordon, G.R. No. 175352, January 15,
2009
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 Electoral Tribunals – Art. VI, Secs. 17 & 19; Composition

Case: (62) Sampayan vs. Daza, 213 SCRA 807

 Commission on Appointments – Art. VI, Secs. 18 & 19; Composition

 General Plenary Powers – Art. VI, Sec. 1

Limitations

Substantive Limitations
Art. III (Bill of Rights)
Art. VI, Secs. 25, 28, 29, 30 and 31

Implied Substantive Limitations

1. Prohibition Against Delegation of Legislative Powers

Exceptions:
a. Delegation to the President – Art. VI, Sec. 23(2)
and 28(2)
b. Delegation to the People – Art. VII, Sec. 32
c. Delegation to Local Government

2. Prohibition Against Passage of Irrepealable Laws

 Legislative Investigations – Art. VI, Sec. 21

Case: (63) Bengzon vs. Senate Blue Ribbon
Committee, 203 SCRA 767

 Government Appropriations – General Appropriations Bill; Rules on Special

Appropriations; Rule on Discretionary Funds

 Bill Requirements

 Presidential Approval and/or Veto

 Publication of Laws
Case: (64) Tañada vs. Tuvera, 146 SCRA 446 (1986); G.R.
L-63915, December 29, 1986

NINTH WEEK

EXECUTIVE DEPARTMENT

V. Executive Department - The President – Art. VII, Secs. 2, 4 & 5

 19

A. Qualifications and Term of Office

 Privilege and Salary – Art. VII, Sec. 6
 Prohibitions – Art. VII, Sec. 13
Exceptions to Prohibition of Executive Officials from
Holding Another Office:
 Vice-President as Member of the Cabinet-Art. VII, Sec. 3,
par.2
 Secretary of Justice as Member of JBC –Art. VIII, Sec. 8(1)

Cases: (65) Estrada vs. Desierto, G.R. Nos. 146710-15,

March 2, 2001
(66) Neri vs. Senate Committee, G.R. No.
180843, March 15, 2008

 Succession
Vacancy at the Beginning of Term – Art. VII, Sec. 7 & 10
Vacancy During Term – Art. VII, Secs. 8 & 10
Temporary Disability – Art VII, Secs. 11 & 12
Removal – Art. XI, Secs. 2 & 3
Immunity

Case: (67) Alfredo T. Romualdez vs. Sandiganbayan, G.R. No.

152259,July 29, 2004

 Powers/Functions of the President

1. Executive Power – Art. VII, Secs. 1 & 17
2. Control of Executive Department – Art. VII, Sec. 17

Case: (68) Hontiveros-Baraquel vs. Toll Regulatory Board,

G.R. No. 181293, February 23, 2015 (Doctrine
of Qualified Political Agency)

3. General Supervision of Local Governments and Autonomous

Regions – Art. X, Secs. 4 & 16
4. Power of Appointment

Heads of Departments – Art. VII, Sec. 16

Ambassadors, Public Ministers and Consuls –
Art. VII, Sec. 16
Officers of the AFP from Colonel and Naval
Captain – Art. VII, Sec. 16
Chairman and Members of Constitutional
Commissions – Art. IX, B, C, D, Sec. 1(2)
Members of the Judicial and Bar Council – Art.
VIII, Sec. 8(2)
 20

Members of the Supreme Court and all other

Courts – Art. VIII, Sec. 9
Ombudsman and Deputies – Art. XI, Sec. 9
Appointment of Vice-President as Member of
the Cabinet – Art. VII, Sec. 3

Case: (69) Domingo vs. Rayala, G.R. No.

155831, February 18, 2008

Appointments Solely by the President – Art. VII, Sec.

16
Those whose appointments are not otherwise
provided by law;
Those whom he may be authorized by law to
appoint;
Ad Interim Appointments

Case: (70) Matibag vs. Benipayo, G.R. No.

149036, April 2, 2002

Limitations on Appointing Power of the President

Interim or Recess Appointments – Art.VI, Sec.
19, Art. VII, Sec. 16, par. 2
Temporary Appointments – Commonwealth
Act No. 588

Limitations on Appointing Power of Acting President

– Art. VII, Secs. 14-16

Case: (71) De Castro vs. JBC and Arroyo, G.R. No.

191002, March 17, 2010

5. Executive Clemencies – Art. VII, Sec. 19; Art. IX, C, Sec. 5; Kinds-
Pardon, Amnesty, Reprieve, Commutation, Parole; Distinguish
Absolute Pardon from Conditional Pardon; Pardon from Amnesty

Case: (72) People vs. Patriarca, G.R. No. 135457,

September 29, 2000

6. Emergency Powers – Art. VI, Sec. 23(2); Limitations on the Military

Powers of the President; Suspension of Habeas Corpus; Declaration
of Martial Law; Calling Out of the Armed Forces

7. Contracting and Guaranteeing Foreign Loans – Art. VII, Sec. 20,

Art. XII, Sec. 21
 21

8. Foreign Affairs – Art. VII, Sec. 11

MIDTERMS

TENTH WEEK

VI. Judicial Department

a. Judicial Power
Requisites of Judicial Power

Case: (73) Santiago, Jr. vs. Bautista, 32 SCRA 188 (1970)

b. Power of Congress Over the Judiciary

Case: (74) Fabian vs. Desierto, G.R. No. 129742,

September 16, 1998

c. Fiscal Autonomy of the Judiciary

Constitutional Safeguards Ensuring Independence of
Judiciary

Principle of Inter-Departmental Courtesy

Case: (75) In Re: Production of Court Records and
Documents and the Attendance of Court
Officials and Employees as Witnesses under
the Subpoena of February 10, 2012 and the
Various Letters for the Impeachment
Prosecution Panel dated January 19 and 25, 2012,
- SCRA February 14, 2012

d. Composition of the Supreme Court

1. En Banc
2. Division Cases

Case: (76) Arturo de Castro vs. JBC, G.R. No. 191002,

March 17, 2000

e. Powers of the Supreme Court

Rule Making Power
Writ of Amparo

Writ of Habeas Data

Case: (77) Vivares vs. St. Theresa’s
College, G.R. No. 202666
September 29, 2014
 22

Writ of Kalikasan
Case: (78) Oposa vs. Factoran, G.R. No.
101083, July 30, 1993

Writ of Continuing Mandamus

Case: (79) Metropolitan Manila
Development Authority vs.
Concerned Residents of Manila
Bay, G.R. No. 171947-48,
December 18, 2008

f. Administrative Powers, Section 5(3) to (6), Sections 6 and 11, Article

VIII

g. Qualifications of Justices, Lower Collegiate and Non-Collegiate Lower

Courts

h. Salaries, Tenure and Removal

Cases: (80) Re: Allegations Made Under Oath Against
Associate Justice Gregory Ong,
A.M. No. SB-14-21-J, 9/23/14
(81) Republic of the Philippines, represented
by Solicitor General Jose C. Calida vs.
Maria Lourdes P.A. Sereno, G.R.
No. 237428, May 11, 2018

i. Judicial and Bar Council

1. The Judicial and Bar Council
(i) Composition
(ii) Powers and Functions
(iii) Rationale behind Creation

Case: (82) Francis Jardeleza vs. Maria Lourdes

Sereno, G.R. No. 213181, August 19, 2014

j. Presidential Electoral Tribunal – Art. VII, Section 4

ELEVENTH WEEK

CONSTITUTIONAL COMMISSIONS

VII. Constitutional Commission

The Three Constitutional Commissions (Comparison-Composition,

Qualifications, Appointments and Disqualifications)
 23

 Guarantees of Independence
Cases: (83) Brillantes vs. Yorac, G.R. No. 93867, December 18,
1990
(84) Cayetano vs. Monsod, G.R. No. 100113, September 3,
1991

 Appointment and Term

 Rotational Scheme of Appointment and Purpose

Case: (85) Gaminde vs. COA, G.R. No. 140335, December 13,
2000

 Vacancies

 Disqualification/Inhibitions
Case: (86) Dennis Funa vs. Chairman, Civil Service
Commission, G.R. No. 191672, November 25, 2014

 Fiscal Autonomy
Cases: (87) CSC vs. DBM, G.R. No. 158791, July 22, 2005
(88) CHREA vs. CHR, G.R. No. 155336, November 25,
2004

 Submission of Reports and Recommendations

 Rule Making Power
 Decisions
Case: (89) Dumayas vs. COMELEC, G.R. No. 141952-53, April
20, 2001

 Appeals
Case: (90) Ambil vs. COMELEC, G.R. No. 143398, October 25,
2000

TWELFTH WEEK

THE CIVIL SERVICE COMMISSION

A. The Civil Service Commission

 Composition and Qualifications
 Disqualifications
 Scope of the Civil Service
 Classification of Position
1. Career
2. Non-Career Service
 24

Case: (91) Santiago, Jr. vs. CSC, G.R. No. 81467, October
27, 1989
(92) Montecillo vs. CSC, G.R. No. 131954, June 28,
2001
 Security of Tenure
Case: (93) General vs. Roco, G.R. No. 143366, January 29, 2001
 Terms and Conditions and Employment in the Civil Service

1. Oath and allegiance to the Constitution, Article IX-B, Section 4, Article XI, Section
18
2. Merit System
Case: (94) PAGCOR vs. Rilloraza, G.R. No. 141141, June 25,
2001
3. Appointment of Lameducks –Article IX-B, Section 6
4. Appointment and designation of elective/appointive officials-Article IX-B, Section 7;
Article VII, Section 13; Article VI, Section 13

5. Exemptions from Exam Requirement

Case: (95) Office of the Ombudsman vs. CSC, G.R. No.
159940, February 16, 2005

6. Standardization of pay and ban on double compensation, Article IX-B, Section 5 and
Section 8
Case: (96) Central Bank Employees Association vs. BSP,
G.R. No. 148208, December 15, 2004

7. Ban on partisan political activities, Article IX-B, Section 2(4)

Case: (97) Vistan vs. Nicolas, 201 SCRA 524 (1991)

7. Removal or Suspension only for cause – Article IX-B, Section 3

Cases: (98) Pastor vs. City of Pasig, G.R. No. 146873, May 9,
2002
(99) Office of the President vs. Buenaobra, G.R. No.
170021, September 8, 2006

1. Right of Self-Organization, Article III, Section 8, Article IX, Section 2(5)

2. Review of Decisions of the CSC – Article IX, Section 7

3. Fiscal Independence – Article IX-A, Section 5

Case: (100) U.P. vs. Regino, G.R. No. 88167, May 3, 1993

THIRTEENTH WEEK

THE COMMISSION ON ELECTIONS

 25

B. The Commission on Election

 Composition and Qualifications of Commissioners
 Appointment
 Appointment of personnel
 Decisions
En Banc and Division Cases
Review of Comelec Decision by the Supreme Court
Case: (101) Most Rev. Bishop Vicente
Navarra vs. Comelec, G.R. No.
205720, January 21, 2015
 Salary
 Disqualification
 Impeachment
 Powers and Functions – Article IX-C, Section 2

 Enforcement of Election Laws- Article IX-C, Section 2(1), Sec. 10

Case: (102) Brillantes vs. Comelec, G.R. No. 163193, June 15,
2004

 Decide administrative question pertaining to elections, except the right to

vote-Article IX, Section 2(3)
Case: (103) Jaramilla vs. Comelec, G.R. No. 155717, October
23, 2003

3. Prosecution of election law violators –Article IX-C, Section 2(6)

Case: (104) Baytan vs. Comelec, G.R. no. 153945, February 4,
2003
 Recommend pardon, parole or suspension of sentence of election law
violators, Article IX-C, Section 5
 Deputize law enforcement agents, etc., Article IX-C, Section 2(4), Section
2(8)
Case: (105) People vs. Judge Basilia, 179 SCRA 87 (1989)

 Registration of political parties, organization/coalitions and accreditation

of citizens’ arms – Article IX-C, Section 2(5)
 Regulation of public utilities and media information, Article IX-C, Section
4 and Section 9
Case: (106) UNIDO vs. Comelec, 104 SCRA 17 (1981)

 Decide election contests and cases, Article IX-C, Section 2(2), Section 3

Case: (107) Sebastian vs. Comelec, G.R. No. 139573,

March 7, 2000

THE COMMISSION ON AUDIT

 26

C. The Commission on Audit

 Composition and Appointment
 Powers and Functions
 Jurisdiction of the Commission
Cases: (108) Albert vs. COA, G.R. No. 126537, March 6,
2001
(109) DBP vs. COA, G.R. No. 88435, January 16,
2002
(110) Boy Scouts of the Philippines vs. COA,
G.R. No. 177131, June 7, 2011

FOURTEENTH WEEK
THE SANDIGANBAYAN

The Sandiganbayan
P.D. 1606, December 10, 1979
1. Composition
2. Jurisdiction
3. Proceedings
4. Review
Cases: (111) Nuñez vs. Sandiganbayan, 111 SCRA 433 (1982)
(112) Macalino vs. Sandiganbayan, G.R. No. 140199-
200, February 6, 2002
(113) Bolastig vs. Sandiganbayan, 235 SCRA 103

THE OMBUDSMAN

The Office of the Ombudsman, P.D. 1630, R.A. N0. 6770

 Composition – Article XI, Section 5
 Qualifications-Article XI, Section 8
 Appointment and Term – Article XI, Sections 9 & 11
 Rank and Salary – Article XI, Section 10
 Disqualifications/Inhibitions-Article XI, Section 8; Article IX-A, Section 2
 Jurisdiction-Article XI, Section 12
Case: (114) People vs. Velez, G.R. No. 138093,
February 19, 2003

 Powers and Functions-Article XI, Section 13

Cases: (115) Ledesma vs. CA, G.R. No. 161629, July
29, 2005
(116) Ombudsman vs. Madriaga, G.R. No.
164316, September 27, 2006

 Fiscal Autonomy – Article XI, Section 14

 Appointment of Personnel – Article XI, Section 6
 27

Office of the Special Prosecutor – Article XI, Section 7

Cases: (117) Zaldivar vs. SB, 160 SCRA 843
(118) Orap vs. SB, 139 SCRA 252 (1985)

See PD No. 1630, Sections 10, 12-15 (administrative investigations),

Section 17 (criminal investigations)

NATIONAL COMMISSIONS

I. COMMISSION ON HUMAN RIGHTS (Article XIII, Sections 17-20)

Composition
Powers and Functions

Case: (119) Carino vs. CHR, G.R. No. 96681, December 2,

1991

II. NATIONAL LANGUAGE COMMISSION (Article XIV, Section 9)

Constitutional Mandate

III. NATIONAL POLICE COMMISSION (Article XVI, Section 6) (R.A. No. 6975)
Constituitonal Mandate
Powers and Functions

IV. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) R.A. 8371

(Article XVI, Sec. 12)

FINAL EXAMS.

References:

Books:

Bernas, Joaquin G., The 1987 Constitution of the Republic of the Philippines, A
Commentary, Rex Book Store, 2009;

Cruz, Isagani A. & Cruz, Carlo L., Philippine Political Law, Central Book Supply, 2014;

De Leon, Hector S. and De Leon, Hector M., Jr., Philippine Constitutional Law
Principles and Cases, Volume 1, Rex Book Store, 2017;

Nachura, Anotonio E.B., Outline Reviewer in Political Law, V.J. Graphics Arts, Inc.,
2016;

Suarez, Rolando A., Political Law Reviewer, Rolando A. Suarez, Rex Book Store, 2015;
 28

Villareal II, Edgardo M., Political and Constitutional Law For Students, Barristers and
Lawyers, Rex Book Store, 2017;

Others:

Supreme Court Reports Annotated

Supreme Court E-Library