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Constitutional Law 1/ Political Law Syllabus

First Semester, S.Y. 2014-2015


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

Course Number: JD 113


Course Description: A course aimed in examining the structure and powers of the Philippine government in light of the present 1987 Constitution.
Course Credit: 3 units
General Objectives:
The students are expected:
1. To appreciate the events that led to the development of the current organic law
2. To examine the structure of the Philippine government and to study the powers of each department
3. To appraise the latest rulings of the Supreme Court and related laws on political law
4. To hone their skills in preparing memorandum, legal opinion and pleadings required in law practice
5. To be immersed in the challenges faced by the community through projects that make them fully engaged with their classmates and local stakeholders
including the government
Textbook: Cruz, Isagani A.: Philippine Political Law, 2002
References:
Bernas, Joaquin G.: Constitutional Structure and Powers of Government Notes and Cases (Part1), 2010
Nolledo, Jose N.: The New Constitution of the Philippines Annotated, 1997

SPECIFIC OBJECTIVES CONTENTS TIME ALLOTMENT STRATEGIES/ACTIVITIES READING MATERIALS


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

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1. Proposal
a. By Congress
b. By a Constitutional
Convention
c. By the People thru Initiative
2. Ratification
Doctrine of Proper Submission
1. To determine the good VI. The 1987 Constitution 3 hours Oral Recitation Magallona vs. Ermita, 655
qualities of the present A. Outstanding Features PowerPoint Presentation SCRA 476
Philippine constitution B. Supremacy of the Constitution Quiz Cabaas vs. Pilapil, 58 SCRA
2. To differentiate a constitution C. Preamble Research Paper 94
from a statute VII. The Concept of a State People vs. Radam, May 31,
3. To know what is the nature of a A. Definition 1994
preamble and discuss its B. Elements PCGG vs. Sandiganbayan,
importance 1. People 530 SCRA vs. 13
4. To explain what is a state and 2. Territory Callado vs. IRRI, 244 SCRA
enumerate its elements 3. Government 210
5. To discuss the Doctrine of a. Functions The Holy See vs. Rosario, 238
State Immunity b. Doctrine of Parens Patriae SCRA vs. 524
c. De Jure and De Facto Republic of Indonesia vs.
Governments Vinzon, June 26, 2003
d. Administration US vs. Reyes, March 1, 1993
4. Sovereignty EPG Construction Co., et al.
C. Act of State Doctrine vs. Hon. Gregorio Vigilar, et
VIII. The Doctrine of State Immunity al., March 16, 2001
DEPED vs. Oate, 524 SCRA
200
Republic vs. Sandiganbayan,
484 SCRA 119
Republic vs. Hidalgo, 534
SCRA 619
NHA vs. Heirs of Guivelondo,
June 19, 2003
Republic vs. Unimex Micro-
Electronics, March 9, 2007
PTA vs. PGDE, Inc., March 19,
2012
CNMEG vs. Hon. Santamaria,
Feb. 7, 2012

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1. To know what are the VIII. Fundamental Principles and State 3 hours Group Creative Reporting Pharmaceutical and Health
fundamental principles and Policies Oral Recitation Care Association of the
state policies of the present A. Republicanism Quiz Philippines vs. Duque III, 535
organic law B. The Defense of the State SCRA 265
2. To determine whether the C. The Incorporation Clause Oposa vs. Factoran, Jr., 224
principles or policies are self- D. Rearing of the Youth SCRA 792
executing or not E. Women The Diocese of Bacolod vs.
F. Social Justice COMELEC, Mar 19, 2013
G. Balanced Ecology Pierce vs. Society of Sisters,
H. Separation of Church and State 262 U.S. 510
I. Supremacy of Civilian Authority Taada, et al. vs. Angara, et
J. Encouragement of Non- al., 82 SCAD 241
Governmental, Community Based Cruz vs. DENR Secretary,
or Sectoral Organizations Dec. 6, 2000
K. Local Autonomy Pamatong vs. COMELEC,
L. Indigenous Cultural Communities April 13, 2004
M. Economy
N. Honesty and Integrity in Public
Service
O. Full Disclosure of All State
Transactions involving Public
Interest
P. Equal Access to Opportunities for
Public Service
1. To know the rationale behind IX. Separation of Powers 3 hours Message Relay Belgica vs. Executive
the principle of separation of A. Purposes Oral Recitation Secretary Ochoa, November
powers B. Principle of Checks and Balances Group Quiz Bowl 11, 2013
2. To know when a question is C. Political Questions Doctrine In Re: Production of Court
justiciable or not X. Delegation of Powers Records and Documents and
3. To determine when a A. Permissible Delegation the Attendance of Court
delegated power is 1. Tariff Powers Officials and Employees,
permissible 2. Emergency Powers Feb. 14, 2012
3. Delegation to the People Office of the Court
4. Delegation to Local Administrator vs. Reyes, 621
Governments SCRA 511
5. Delegation to Administrative Senate of the Philippines vs.
Bodies Ermita, 488 SCRA 1
B. Tests of Delegation Baker vs. Carr, 369 US 186
1. The Completeness Test Casibang vs. Aquino, 92
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2. The Sufficient Standard Test SCRA 642
Daza vs. Singson, 180 SCRA
496
Sanidad vs. COMELEC,73
SCRA 333
COCOFED vs. Republic, Jan.
24, 2012
Carbonilla vs. Board of Airline
Representatives, 657 SCRA
775
Cervantes vs. Auditor General,
91 Phil. 359
US vs. Ang Tang Ho, 43 Phil.1
Ynot vs. IAC, 148 SCRA 659
Pelaez vs. Auditor General, 15
SCRA 569
Pp vs. Judge Dacuycuy, May
5, 1989
1. To know the structure of the XI. The Legislative Department 9 hours Interview Social Justice Society vs.
legislative department A. The Senate Oral Recitation Dangerous Drugs Board, Nov.
2. To enumerate and explain the 1. Composition PowerPoint Presentation 3, 2008
powers of the legislature 2. Qualifications Quiz Rep Danilo Ramon Fernandez
3. To understand how a bill is 3. Terms vs. HRET, Dec. 21, 2009
enacted into a law B. The House of Representatives Amores vs. HRET, 622 SCRA
4. To know the perquisites, 1. Composition 593
inhibitions and immunities of a a. District Representatives Mariano, Jr. vs. COMELEC,
member of the legislative b. Party-list Representatives March 7, 1995
department 2. Qualifications Sema vs. COMELEC, July, 16,
3. Terms 2008
C. Election Aldaba vs. COMELEC, 611
D. Salaries SCRA vs. 137
E. Parliamentary Immunities Aquino III vs. COMELEC, 617
1. Privilege from Arrest SCRA 623
2. Privilege of Speech and Debate Bagabuyo vs. COMELEC, 573
F. Conflict of Interests SCRA 290
G. Incompatible and Forbidden Offices Banat vs. COMELEC, 586
H. Inhibitions and Disqualifications SCRA 210 and 592 SCRA 294
I. Sessions Ang Ladlad LGBT Party vs.
J. Officers COMELEC, April 8, 2010

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K. Quorum Atong Paglaum, Inc. vs.
L. Discipline of Members COMELEC, April 2, 2013
M. Journals Trillanes IV vs. Pimentel, Sr.,
N. Adjournment 556 SCRA 471
O. The Electoral Tribunal Pobre vs. Defensor-Santiago,
P. Organization 597 SCRA 1
Q. Powers Liban vs. Gordon, 639 SCRA
1. Legislative Power in General 709
a. Definition Pimentel vs. Senate
b. Procedure Committee of the Whole, 644
c. Origin of Bills SCRA 741
d. Prohibited Measures Santiago vs. Guingona, Nov.
e. Title of Bills 18, 1998
f. Formalities Kida vs. Senate of the
g. Approval of Bills Philippines, 659 SCRA 270
2. Legislative Inquiries Tobias vs. Abalos, 239 SCRA
3. The Power of Appropriation 106
4. The Power of Taxation Phil. Judges Association vs.
5. The Power of Concurrence Prado, 227 SCRA 703
6. The War Powers Mabanag vs. Lopez Vito, 78
7. Referendum and Initiative Phil. 1
Gonzales vs. Macaraig, Nov.
19, 1990
Neri vs. Senate Committee on
Accountability of Public
Officers and Investigations,
549 SCRA 77 and 564 SCRA
152
Standard Chartered Bank vs.
Senate Committee on Banks,
Financial Institutions and
Currencies, 541 SCRA 456
Abakada Guro Party-list vs.
Purisima, 562 SCRA 251
Tolentino vs. Sec. of Finance,
August 25, 1994
Garcia vs. Mata, 65 SCRA 523
Guingona vs. Carague, 196
SCRA 221

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Sanchez vs. COA, 552 SCRA
471
1. To be familiar of the structure XII. The Executive Department 6 hours Case Analysis (Library Work) Poe, Jr. vs. Arroyo, March 29,
of the executive department A. Qualifications Debate (Parliamentary vs. 2005
2. To determine the powers of B. Election and Proclamation Presidential) Legarda vs. De Castro, 542
the president and vice- C. Term Group Stations SCRA125
president D. The Vice-President Oral Recitation Macalintal vs. PET, 635 SCRA
3. To know the perquisites, E. Presidential Succession Quiz 783 and 651 SCRA 239
inhibitions and immunities of a F. Oath of Office Estrada vs. Desierto, 353
member of the executive G. Perquisites and Inhibitions SCRA 452
department H. Presidential Immunity Public Interest Center, Inc. vs.
I. Powers Elma, 494 SCRA 53 and 517
1. Executive Power in General SCRA 336
2. The Appointing Power Marcos vs. Manglapus, Sept.
3. The Control Power 15, 1989
4. The Take Care Clause Sarmiento vs. Mison, 156
5. The Military Power SCRA 549
6. The Barrowing Power Pimentel vs. Ermita, Oct. 13,
7. The Diplomatic Power 2005
8. The Budgetary Power Kida vs. Senate of the
9. The Informing Power Philippines, ibid
10. Other Powers Ganzon vs. CA, 200 SCRA
271
Kilusang Mayo Uno vs. Ermita,
et al., April 19 and June 20,
2006
Tondo Medical Center
Employees Association vs.
CA, 527 SCRA 746
Biraogo vs. Truth Commission
of 2010, 637 SCRA 78
David vs. Arroyo, May 3, 2006
Ampatuan vs. Puno, 651
SCRA 228
Fortun vs. Macapagal-Arroyo,
March 20, 2012
Gudani vs. Senga, 498 SCRA
671
Province of North Cotabato vs.

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Government of the Republic of
the Philippines Peace Panel
on Ancestral Domain (GRP),
568 SCRA 402
Bayan Muna vs. Romulo, 641
SCRA 244
Constantino and the Freedom
From Debt Coalition vs.
Cuisia, et al. 472 SCRA 505
People vs. Salle, 250 SCRA
581
Laurel vs. Garcia, 187 SCRA
797
1. To understand how does the XIII. The Judicial Department 6 hours Court Visit Diaz vs. CA, Dec. 5, 1994
judicial system of the A. Independence of the Judiciary Oral Recitation Chavez vs. JBC, April 16,
Philippines work B. Judicial Power in General PowerPoint Presentation 2013
2. To know the structure of the C. Jurisdiction Quiz Re: Petition for Recognition of
judiciary and discuss the D. Appointments the Exemption of the
powers of the court 1. Qualifications Government Service
3. To know when the court will 2. The Judicial and Bar Council Insurance System from
hear and decide a E. Fiscal Autonomy Payment of Legal Fees, 612
constitutional question F. Composition of the Supreme Court SCRA 193
4. To determine the effects of 1. En Banc Cases Sothern Hemisphere
declaration of 2. Division Cases Engagement Network, Inc. vs.
unconstitutionality by the court G. Requisites of Judicial Inquiry Anti-Terrorism Council, 632
1. Actual Case SCRA 146
2. Proper Party Estarija vs. Ranada, 492
3. Earliest Opportunity SCRA 652
4. Necessity of Deciding Moldex Realty, Inc. vs.
Constitutional Question HLURB, 525 SCRA 198
H. Effects of Declaration of Planters Products, Inc. vs.
Unconstitutionality Fertiphil Corporation, 548
I. Powers of the of the Supreme SCRA 485
Court Castro vs. Deloria, 577 SCRA
1. Original Jurisdiction 20
2. Appellate Jurisdiction In Re: Undated Letter of Mr.
3. Temporary Assignment of Louis C. Biraogo, Petitioner in
Judges Biraogo vs. Nograles and
4. Change of Venue or Place of Limkaichong, 580 SCRA 106

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Trial Re: EM No. 03-010 Order of
5. Rule-making Power the First Division of
6. Appointment of Court COMELEC dated Aug. 15,
Personnel 2003, A.M. No. 03-8-22 SC,
7. Administrative Supervision of Sept. 16, 2003
Courts
J. Tenure of Judges
K. Consultations of the Court
L. Decisions of the Court
M. Salaries of Judges
N. Periods of Decisions
O. Annual Report
1. To determine the constitutional XIV. The Constitutional Commissions 3 hours Creative Group Teaching Ombudsman vs. CSC, Feb.
safeguards that ensures the A. The Civil Service Commission Oral Recitation 16, 2005
independence of the three 1. Composition and Qualifications Quiz CSC vs. DBM, July 22, 2005
commissions 2. Scope of the Civil Service Pedragoza vs. COMELEC,
2. To know composition and 3. Appointments 496 SCRA 513
qualifications of the members 4. Security of Tenure Civil Service Commission vs.
of the constitutional 5. Partisan Political Activity Sojor, 554 SCRA 160
commissions 6. Self-organization Macalintal vs. COMELEC, July
3. To familiarize the powers of 7. Temporary Employees 10, 2003
the different independent 8. Objectives of the Civil Service Seeres vs. COMELEC, 585
commissions 9. Oath SCRA 557
10. Disqualifications Atienza, Jr. vs. COMELEC,
11. Standardization of 612 SCRA 761
Compensation Gaminde vs. COA, December
12. Double Compensation 13, 2000
B. The Commission on Elections Philippine Society for the
1. Composition and Qualifications Prevention of Cruelty to
2. Powers and Functions Animals vs. COA, 534 SCRA
a. Enforcement of Election 112
Laws Boy Scouts of the Philippines
b. Decision of Election vs. COA, 651 SCRA 146
Contests PDIC vs. COA, 546 SCRA 473
c. Decision of Administrative Commission on Audit vs. Link
Questions Worth International, Inc., 581
d. Deputization of Law- SCRA 501
Enforcement Agencies Veloso vs. COA, 656 SCRA
e. Registration of Political 767

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Parties
f. Improvement of Elections
3. Election Period
4. Party System
5. Funds
6. Judicial Review
C. The Commission on Audit
1. Composition and Qualifications
2. Powers and Functions
3. Prohibited Exemptions
4. Report
1. To know what are the XV. Accountability of Public Officers 3 hours Creative Group Teaching Romulo vs. Yiguez, 141
measures in the highest law A. Impeachment Oral Recitation SCRA 263
that will give life to the adage: 1. Impeachable Officers PowerPoint Presentation In Re: Raul M. Gonzales, 160
Public office is a public trust 2. Grounds for Impeachment Term Paper SCRA 771
2. To determine the powers of 3. Procedure Estrada vs. Desierto, 353
the different agencies in the 4. Impeachment and Criminal SCRA 452 and 356 SCRA 108
government that are tasked to Prosecution Francisco vs. The House of
ensure transparency and B. The Sandiganbayan Representatives, et al., Nov.
accountability of public officers C. The Ombudsman 10, 2003
and employees D. The Special Prosecutor Office of the Ombudsman vs.
E. Commission on Human Rights CA, 452 SCRA 714
F. Presidential Commission on Good Gutierrez vs. The House of
Government Representatives, Feb. 15,
G. Sequestration 2011
Balmadrid vs. Sandiganbayan,
March 22, 1991
Gonzales III vs. Office of the
President, September 04,
2012
Ombudsman vs. CSC, July 30,
2007
Ombudsman vs. Rodriguez,
July 23, 2010
Acop vs. Ombudsman, Sept.
27, 1995
Cario vs. CHR, 204 SCRA
483
Presidential Committee on

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Behest Loans vs. Desierto,
October 25, 1999

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

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

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

FINAL GRADE EOUIVALENT INDICATION


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

ATTY. JUDIEL M. PAREJA


Law Professor

Approved by:

ATTY. BALDOMERO C. ESTENZO


Dean

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