University of Southern Philippines Foundation

College of Law
Salinas Drive, Lahug, Cebu City

CLASS SYLLABUS
CONSTITUTIONAL LAW I
IST YEAR- 1st semester

Materials:
1. Philippine Political Law by Isagani Cruz (latest edition) AND Primer on
Philippine Constitution by Joaquin Bernas

2. Supreme Court cases (citations will be provided herein below and given
during the class )

Course Requirements and Grading System:

1. Oral recitation in every meeting is expected
2. Attendance is not required but the moment you are called for an
oral recitation and you are absent that will automatically be considered
as a grade of 5.0 for your oral recitation on that day.
3. Coverage and cases scheduled for the oral recitation is always
announced during the class.
4. Your final grade will be taken from the following percentage: ¼
midterm grade; ¼ pre-final exam; ¼ final exam and ¼ oral recitation;

PART- I.A General Principles

1. Brief History of Philippine Constitution

2. Constitution; Definition, Nature and Concepts

a.-Characteristics of Philippine Constitution
-Essential parts of our Constitution

b. Effectivity of the 1987 Constitution

- De Leon v. Esguerra, 153 SCRA 602
Art. 10 Sec. 8 ; Art

3. Amendments and Revision

Lambino vs. Comelec, October 25,2006
Quantitative test vs. qualitative test

Procedure
1. Proposal
a. By Congress
Imbong vs. Comelec. RA 6132

b. By a Constitutional Convention

c. By the People thru Initiative

RA 6735

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 - Defensor-Santiago v. Comelec, GR 127325, March 19,
1997

2. Ratification
Doctrine of Proper Submission
- Tolentino v. Comelec, 41 SCRA 702
- Gonzales vs. Comelec (reiterated in Occena vs. Comelec)
RA1419
Judicial Review of Amendments
- Javellana v. Executive Secretary, 50 SCRA 30
- Sanidad v. Comelec, 73 SCRA 333 , PD 911
PART I-B

What is self executing and non-self executing provisions of the constitution?

- Manila Prince Hotel vs. GSIS, Feb. 3, 1997
- Oposa vs. Factoran, July 30, 1993
- Pamatong vs. Comelec, April 13, 2004
Other exceptions:

National Territory

Art. 1 , 1987 Constitution- Territories which are included in the Philippines

-Archipelagic doctrine : Definition

UN Convention on the Law of the Sea defines the following terms:

-Territorial Sea; Contiguous Zone; Economic Zone or Patrimonial Sea; Continental
Shelf
-Internal waters (see the case of Magallona vs. Ermita, July 16, 2011
-Open Seas; Outer Space

Can a state exist within a state?- The Province of North Cotabato vs. The Government
of the Republic of the Philippines Peace Panel on Ancestral Domain- October 14, 2008

PART II-
Principle of State Immunity from Suit
Basis: Art XVI, Sec. 3 of 1987 Constitution
Concept: Par in parem no habet imperium.

Republic v.Sandiganbayan, 484 SCRA 119 (’06)

Yujuico vs. Atienza, Jr., 472 SCRA 463 (’05)
Begosa vs. Chairman, Phil. Veterans Administration, April 30,1970

Waiver of State Immunity:

Consent to be sued:
Express Consent (See Cruz, Phil. Political Law)
- Republic v. Feliciano, 148 SCRA 424 General Law
- CA 327; PD 1445; Art. 2180; Act No. 3038
Special Law

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 - Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311

Implied Consent:
Cases: Santos vs. Santos, Nov. 26, 1952
US vs. Ruiz, May 22, 1985
Mobil Philippines vs. Customs Arrastre Services, Dec. 17, 1966
Lim vs. Brownell, March 24, 1960
Phil. Alien Property Administrator

Immunity of Foreign States & Diplomats

Applying the Principle of par in parem non habet imperium
process of suggestion
- The Holy See v. RTC, GR 101949, Dec. 1, 1994
Determination of Immunity by the Department of Foreign Affairs
- Liang v. People, G.R. No. 125865, January 28, 2000
Immunity of International Organizations and Agencies
- Callado v. IRRI, 244 SCRA 210

Immunity of Government Agencies

Incorporated
Municipal Corporations
- Municipality of San Fernando v. Judge Firme, 195 SCRA 692
Unincorporated
If principal function is governmental
- Farolan v. CTA 217 SCRA 298
If proprietary, suable

Liability of Municipal Corporations for TORTS:

Palafox vs. Province of Ilocos Norte,
Torio vs. Fontanilla

Suits against Public Officers

- City of Angeles v. CA, Aug. 28,1996
- Veterans Manpower v. CA, 214 SCRA 286
- Wylie v. Rarang, 209 SCRA 357

Suability not outright liability

- Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311
- Fontanilla v. Maliaman, 194 SCRA 486

Consent to be sued does not include consent to execution

- Republic v. Villasor, 54 SCRA 84
- Municipality of San Miguel v. Fernandez, 130 SCRA 56

Doctrine of Parens Patriae

- Gov’t of the Phil Islands vs. Monte de Piedad., 35 Phil. 728

- Cabanas v. Pilapil, 58 SCRA 94

SOVEREIGNTY
Kinds of Sovereignty: Definition and Concept
Effects of Change in sovereignty
- People v. Perfecto, 43 Phil. 887 a law repealed by Act. 277.

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 - Macariola v. Asuncion, 114 SCRA 77

Doctrine of Jus Postliminium: Effect of Belligerent Occupation

Peralta vs. Dir. Of Prisons
Alcantara vs. Dir of Prisons

CITIZENSHIP

Distinguished from nationality

Modes of Acquiring citizenship
Citizens of the Philippines
- Moy Ya Lim Yao v. Commissioner of Immigration, 41 SCRA 292
- Djumantan v. Domingo, Jan. 30, 1995
Election of Philippine citizenship
- In re: Vicente Ching, Bar Matter No. 914, October 1, 1999
Doctrine of implied election
- Co v. HRET, G.R. No. 92191-92, July 30, 1991
Natural-born citizens
- Bengson v. HRET, G.R. No. 142840, May 7, 2001
- Tecson v. Comelec, G.R. No. 161434, March 3, 2004
Dual citizenship & dual allegiance
- Mercado v. Manzano, GR 135083, May 26, 1999
Loss of citizenship
- By naturalization in a foreign country
- Frivaldo v. Comelec, 174 SCRA 245
- Labo v. Comelec, 176 SCRA 1
- By express renunciation or expatriation
- Yu v. Defensor-Santiago, 169 SCRA 364

Reacquisition of citizenship, RA 8171

Retroactivity of Repatriation
- Frivaldo v. Comelec, 257 SCRA 727, June 28, 1996

Suffrage
- Akbayan Youth v. Comelec, G.R. No. 147066, March 26, 2001
- Makalintal v. Comelec, GR 157013, July 10, 2003

FORMS OF GOVERNMENT

What is a de jure government? What is a de facto government?

Lawyers League for a Better Phil. Vs. Aquino, May 22, 1986

PART III- GENERAL PRINCIPLES AND STATE POLICIES

Nature of Philippine State:

Meaning of democratic and republican state: Art II, Sec. 1 Const.
Tolentino vs. Comelec, January 21, 2004; also see Cruz, Philippine Political law;

Doctrine of Incorporation - Art II, Sec.2 Const.

Definition; Concept

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 Kuroda vs. Jalandoni, March 26, 1949
Ichong vs. Hernandez, 101 Phil. 1155
Gonzales vs. Hechanova, 9 SCRA 230

Doctrine of Transformation-

Civilian Supremacy: read also R.A. 7055; Art. VII Sec. 18 Constitution; Sec. 5 (1), Art. XVI
Constitution;
Meaning and its concept:
Cases: IBP vs. Zamora, 338 SCRA 81
Gudani vs. Senga, August 15, 206
Gonzales vs. Gen. Abaya, G.R. No. 164007, Aug. 10, 2006

Separation of Church and State: Art. II, Sec. 6 of Constitution

Iglesia ni Cristo vs. CA, July 26, 1996

Islamic Da’Wah Council of Phil. vs. Exec. Sec., July 9, 2003

What is Non-Establishment Clause?

Healthful and balanced ecology ; Art. II Sec. 16 of Constitution

Oposa vs. Factoran, 224 SCRA 792

Local Autonomy; Art. II, Sec. 25 of Constitution Art. 10 Sec. 2

See the case of Province of North Cotabato, supra.
Decentralization of Administration vs. decentralization of Power
- Limbonas v. Mangelin, 170 SCRA 786
- Basco v. PAGCOR, 197 SCRA 52

Political Dynasty/Equal Access of opportunities for public service-

Pamatong vs. Comelec, G.R. No. 161872, April 13, 2004

PART IV: DOCTRINES AND PRINCIPLES

SEPARATION OF POWERS:
Nature of this doctrine/principle:
Purpose of Separation of powers:

Corollary doctrines:
Principle of Blending of Powers:

CHECKS AND BALANCES:

Meaning of this principle of check and balance

a. Senate Blue Ribbon vs. Majaducon, G.R. No. 136760, 7/29/03

b. Senate v. Ermita (E.O.464), G.R. No. 169777

DELEGATION OF POWERS:

What is the rule on delegation of powers?:

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 C. Non-delagation of legislative power:

Abakada Guro Party-List et. al vs. Executive Sec., Sept. 1, 2005

David vs. Ermita, April 20, 2006
Senate of the Phil. v. Ermita, 488 SCRA 1 (’06)
Bantay Republic Act vs. Comelec- May 4, 2007, G.R.
No. 177271 and 177314

Exception to the general rule on delegation of powers:

Permissible delegation in the following cases:

a. Delegation to the people at large:
i. Sec. 32, Art. VI, 1987 Constitution (Initiative and referendum)
ii. Sec. 10, Art. X- (plebiscite re: LGU’s)
iii. tariff powers of the President (Sec. 28 par. 2 Art. VI)
iv. emergency power of the President (Sec. 23 par. 2 of Art. VI
v.local governments ( general welfare clause: Art. X
vi.administrative bodies (filling in the details/subordinate
legislation

Delegation of Powers:
Two test of a valid delegation:

a. Completeness test- Pelaez v.s Auditor General , 122 Phil 965, 15 SCRA 569

b. Sufficient standard test

People vs. Vera

Santiago vs. Comelec- 3/19/97
Abakada vs. Purisima, Aug. 14, 2008
Camid v. Office of the Pres 448 SCRA 711 (’05)

PART V: FUNDAMENTAL/INHERENT POWERS OF THE STATE:

.a. Eminent Domain--- vs. Sec. 9 of Art. III, Sec. 18 of Art XII and Sec. 22 of Art.
XVIII of the 1987 Constitution

Cases: Inherent Definition/Concept :

- Republic vs. Vda de Castellvi, 58 SCRA 336, 350-352

SEE ALSO CASES : (Supra)

-Republic v.Sandiganbayan, 484 SCRA 119 (’06)

-Republic vs. Lim, 462 SCRA 215 (’05)see also Makati vs.
CA

b. Police Power (meaning and concept)

Constitution

Cases: Definition/Concept:

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 - Ermita-Malate Hotel vs. Manila Mayor – L-24693,
7/31/’67
- MMDA vs. Bel-Air Assoc. G.R. No. 135962, 3/27/ 2000
- Magtajas vs. Pryce Properties, 234 SCRA 255

c. Power of Taxation

PART VI- LEGISLATIVE DEPARTMENT

Legislative power; definition and its scope:

Congress:

Exception: powers reserved to the people thru systm of Initiative, referendum and
Recall
- Defensor-Santiago v. Comelec, GR 127325, March 19, 1997
Indirect Initiative
- SBMA v. Comelec, Sept. 26, 1996
Regional/Local Legislative Power: ( Sec. 48. LGC of 1991)
nature of legislative power of local government unit-
Lina vs. Pano, Aug. 30,2001

Recall
- Garcia v. Comelec, Oct. 5, 1993
Loss of confidence, a political question
- Evardone v. Comelec, 204 SCRA 464, 472

-Classes of people’s initiative

-Classes of referendum

Senate (Composition; Qualifications; Term of office)

House of Representatives
Composition (District Representatives; Party-list Representatives)

Party-list Representatives
- Veterans Federation Party v. Comelec, G.R. No. 136781, October 6, 2000
-Partido Manggawa vs. Comelec, 484 SCRA 671 (’06)
-CIBAC vs. Comelec- G.R. No. 172103, April 13, 2007

Distinguish to the 2009 case of Banat vs. Comelec, GR. No. 179271, April 21, 2009;
also Bayan vs. Comelec, G.R. No. 179295, April 21, 2009;

Apportionment of Legislative Districts

- Mariano v. Comelec, 242 SCRA 211
- Montejo v. Comelec, GR 118702, Mar. 19, 1995
Gerrymandering
Doctrine of Equal Representation

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 Qualifications

Natural-born
- Bengson v. HRET, G.R. No. 142840, May 7, 2001

Term of office

Privileges
Freedom from Arrest
Parliamentary Immunity

- Jimenez v. Cabangbang, 17 SCRA 714

Pp vs. Jalosjos, 324 SCRA 689

Quorum:
Santiago vs. Guingona, 298 SCRA 756
Pp vs. Jalosjos (supra)
Avelino vs. Cruz, 83 Phil. 17
Disqualifications and Inhibitions
Effect of Imprisonment
- People v. Jalosjos, G.R. Nos. 132875-76, February 3, 2000

Discipline of members
Suspension vs. Preventive Suspension
Osmena vs. Pendatun
Santiago v. Sandiganbayan, G.R. No. 128055. April 18, 2001

Electoral Tribunals
Composition
- Bondoc v. Pineda, 201 SCRA 792
Powers
- Aquino v. Comelec, Sept. 18, 1995
- Sampayan v. Daza, 213 SCRA 807
Jurisdiction over Proclamation Controversy
- Caruncho v. Comelec, G.R. No. 135996, September 30, 1999

Commission on Appointments (CA)

Nature of CA and Composition
- Guingona v. Gonzales, 214 SCRA 789
Powers and Function
- Sarmiento v. Mison, 156 SCRA 549
Independence of CA
Power of Legislative Investigation in aid of legislation
- Senate v. Ermita (E.O.464), G.R. No. 169777
- Bengzon v. Senate Blue Ribbon Committee, 203 SCRA 767
- Gudani vs. Senga
Oversight function of Congress (Sec.22 Art. 6 , 1987 Constitution)
Principle of Question hour

Power to declare existence of state of war

- Sanlakas vs. Executive Secretary
- David vs. Arroyo, G.R. No. 171396, May 3, 2006

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 PART VII- EXECUTIVE DEPARTMENT

I. Executive power; definition and scope

a.. Privileges Inhibition and Disqualifications

b. Presidential Immunity: meaning and scope

Estrada vs. Desierto, March 2, 2001
Romualdez vs. Sandiganbayan, July 29, 2004
Non-sitting President’s immunity: In re: petition for writ of amparo and habeas
data of Noriel Rodriguez etc. vs. Gloria Macapagal Arroyo, et.al., November 15, 2011

c. Presidential/Executive Privilege
Definition/scope
Kinds of executive privilege

d. Executive and Administrative Powers in General of a President

Distinguish exec.power from admin. Power
(Art.VII, Sec.1 and Sec. 17, 1987 Constitution)
e. Power of Appointment; Definition in general

Kinds of Presidential appointments-

Cases and legal basis : Sec. 14, Art.VII;
General vs. Urro, March 29,2011
Sana vs. Career Exec. Service Board, Nov. 15 2011

Appointments solely made by President- read Sec. 16, Art. VII, 1987 Constitution

f. Role of Commission on Appointments over appointments made by President

-(See Sec. 16, Art.VII, 1987 Constitution)
- Sarmiento vs. Mison, Dec.17, 1987
- Sec.8(2), Art VIII, 1987 Constitution
- Sec, 1(2), Art.IX-B
- Quintos-Deles vs. Commission on Appointments, Sept. 4, 1989
Compare above with the following provisions and cases:
- Sec. 9, Art. VIII
- Sec. 9 Art. XI
- Commissioner of Customs (based on the case of Sarmiento vs. Mison,
supra
- Bautista vs. Salonga, April 13, 1989
- Soriano vs. Lista, March 24, 2003

By-passed appointment and its effect: see the case of Matibag vs. Benipayo, April 2,
2002
Midnight appointment: Sec.15, Art.VII, 1987 Constitution
Read the case of De Castro vs. Judicial and Bar Council, April 20,
2010.

g. Power of Control and Supervision-

Mondana vs. Silvosa, May 30, 1955

h. Doctrine of Qualified Political Agency

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 Villena vs. Sec. of Interior, April 21, 1939
Lacson-Magallanes vs. Pano, Nov. 17, 1967
i. Military Powers

j. Pardoning powers: Nature and limitations

Different forms of executive clemency

Pardon vs. amnesty
Other forms of executive clemency
k. Diplomatic power
l. Delegated power of the President
emergency power; scope;nature and conditions
m. Succession

PART VIII- JUDICIARY

- Defensor-Santiago v. Guingona, GR 134577, Nov. 18, 1998
- Francisco v. House of Representatives, GR 160261, Nov. 10, 2003

Judicial Supremacy vs. Constitutional Supremacy

Political vs. Justiciable Question

- Estrada v. Arroyo, G.R. No. 146738, March 2, 2001

- Brillantes v. Concepcion, GR 163193, June 15, 2004

Presumption of Constitutionality
- Lim v. Pacquing, GR 115044, Jan. 27, 1995

REQUISITES OF JUDICIAL REVIEW:

Concepts:
a. What is Judicial Power?
Concept of this power
b. What is Judicial Review? Concept and its requisites

Actual Case or Controversy

- Board of Optometry v. Colet, GR 122241, July 30, 1996
- Mariano v. Comelec, 242 SCRA 211
- Fernandez v. Torres, 215 SCRA 489

Ripeness

Mootness- Concept of moot questions and its rules

Deutsche Bank AG vs. CA , Feb. 27, 2012
Exception on the mootness rule
Navarro et.al. vs. Exec. Secretary, April 12, 2011
David v. Macapagal-Arroyo (PP1017), GR 171396, May 3, 2006

2. Proper Party

Transcendental importance to the public

- Tatad v. Garcia, 243 SCRA 436

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 - Kilosbayan v. Guingona, 232 SCRA 110
- Kilosbayan v. Morato, 246 SCRA 540
- Kilosbayan v. Morato (Recon.), GR 118910, Nov. 16, 1995

Standing of members of Congress

- Philconsa v. Enriquez, 235 SCRA 506
- Bagatsing v. Committee on Privatization, GR 112399, July 14, 1995
- Senate vs. Ermita

Standing of Integrated Bar of the Philippines

- IBP v. Zamora, G.R. No. 141284, August 15, 2000

Standing of the Government to question its own laws

- People v. Vera, 65 Phil. 56

Taxpayer’s Suits
- Bayan v. Zamora, G.R. No. 138570, October 10, 2000
- Gonzales v. Narvasa, G.R. No. 140835, August 14, 2000

3. Question must be raised at the earliest possible opportunity

4. Constitutional question must the very "lis mota" of the case

Doctrine of Purposeful Hesitation

- Drilon v. Lim, GR 112497, Aug. 4, 1994

Functions of Judicial Review

Effects of Declaration of Unconstitutionality

Doctrine of Operative Fact
- Republic v. CA, GR 79732, Nov. 8, 1993

Political Questions doctrine-

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