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SCHOOL OF LAW
CONSTITUTIONAL LAW I – CASE LIST
(AS OF 15 AUGUST 2020)
Basic References:
Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary, 2009 Edition.
Joaquin G. Bernas, S.J., The Intent of the 1986 Constitution Writers, 1995.
*Kilosbayan v. Morato – 246 SCRA 540 [1995] and MR-250 SCRA 130 [1995]
**Ocampo v. Rear Admiral Enriquez, GR No. 225973, November 8, 2016 (Not self-
executory) (in relation to A2, Secs. 2, 11, 13, 23, 26, 27 & 28 ; A3, Sec. 1, A7, Sec. 17,
A11, Sec. 1, A14, Sec. 3 (2) & A18, Sec. 26)
People
Territory
Government
Functions of Government:
Constituent v. Ministrant
Incorporated
Unincorporated
**ACCFA v. CUGCO – 30 SCRA 649 [1969] (Government; functions;
unincorporated) (read with Bacani v. NACOCO)
Instrumentalities
**MIAA v. CA – 495 SCRA 591 [2006] (Government instrumentality vested with
corporate powers; not GOCC)
**Funa v. MECO and COA, GR No. 193462, February 4, 2014 (MECO not
GOCC); sui generis
Quasi-public corporations
**Phil Society v. COA – 534 SCRA 112 [2007] (Quasi-public corporation; private
but with public character; charter test not applicable)
State universities
Sovereignty
Soft law
**Pharmaceutical v. DOH, GR No. 173034, October 9, 2007 (World Health
Assemble guidelines not a treaty)
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**Knights of Rizal v. DMCI, GR No. 213948, April 25, 2017 (Venice Charter as
mere guidelines)
Adherence to peace, freedom, amity
Family
Unborn
**Imbong v. Ochoa, GR No. 204819, April 8, 2014 (RH law)
Parens Patriae
*Spark v. Quezon City, G.R.. No. 225442, August 8, 2017 (curfew ordinances)
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Sec. 17. Education, Science and Technology, Arts, Culture and Sports
Sec. 18. Labor Protection
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Constitutional Law I Case List
In instances allowed by the Constitution, e.g., Article VI, Sections 23(2) and 28(2)
Complete in itself
*Araneta v. Gatmaitan – 101 Phil. 328 [1957] (details for implementation only)
*Abakada Guro Party List v. Purisima, G.R. No. 166715, [August 14, 2008], 584
PHIL 246-331
Fixes a standard
*People v. Rosenthal – 68 Phil. 628 [1939] (standard of “public interest”)
*Tablarin v. Gutierrez – 152 SCRA 730 [1987] (establishment of medical
educational requirements)
*Osmeña v. Orbos, G.R. No. 99886, March 31, 1993 (ERB authorized to Fund)
*Philippine Communications Satellite Corp. v. Alcuaz, G.R. No. 84818 (Rate
Fixing)
*Kilusang Mayo Uno v. Aquino III, G.R. No. 210500, [April 2, 2019] (SSS
Premium Hike)
Undue Delegation
*United States v. Barrias – 11 PHIL. 327 [1908] (delegated power to fix penalties)
*Phil. Coconut v. Republic, GR No. 178193, January 24, 2012 (UCPB shares
distribution)
Executive Misapplication
Mere Directive
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Rules on Apportionment
(1) In accordance with the number of their respective inhabitants and on the basis
of a uniform and progressive ratio
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*Montejo v. COMELEC – 242 SCRA 415 [1995] (pars. 3 and 4; redistricting Leyte;
mere minor adjustments)
*Herrera v. COMELEC, GR 131499, November 17, 1999 (pars. 3 and 4;
redistricting Province of Guimaras; also in (3) population size)
(4) Following the return of every census, Congress shall make a reapportionment
*Bagabuyo v. COMELEC, GR No.176970, December 8, 2008 (par. 4; no need for
plebiscite in apportionment or reapportionment)
Citizenship
*Bengson III v. HRET and Cruz, GR No.142840, May 7, 2001 (recovery of NBC
status)
Additional Qualification
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Officers of Congress
*Baguilat, Jr. v. Speaker Alvarez, GR No. 227757, July 25, 2017
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Election contest
*Vera v. Avelino – 77 PHIL. 192 [1946] (definition of election contest)
*Abayon v. HRET, GR No.189466, February 11, 2010 [jurisdiction over party-list]
*Reyes v. House of Representatives Electoral Tribunal, G.R. No. 221103, [October
16, 2018] (Requisites to be considered as a member)
Pre-proclamation controversy
Composition
*Abbas v. SET – 166 SCRA 651 [1988] (judicial and legislative participation)
Independence
*Bondoc v. Pineda – 201 SCRA 792 [1991] (non-partisan)
Action/Decision
*Lerias v. HRET – 202 SCRA 808 [1991] (election returns; best evidence)
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Power of Inquiry
*Senate v. Ermita – 488 SCRA 1 [2006] (E.O. 464)
*Gudani v. Senga – 498 SCRA 671 [2006] (in relation to Senate v. Ermita)
Requisites
*Bengzon v. Senate Blue Ribbon Committee – 203 SCRA 767 (requisites)
(3) respect for the rights of persons appearing in or affected by such inquiries
*Neri v. Senate – 564 SCRA 152 [2008] (executive privilege)
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Sec. 24. Origin of Money Bills, Private Bills and Bills Local Application
Prohibition of increase
Transfer of Funds
*Demetria v. Alba – 148 SCRA 208 [1987] (par. 5; direct violation)
*Liga v. COMELEC – 232 SCRA 219 [1994] (par. 5; unused funds)
*Sanchez v. COA – 552 SCRA 471 (par. 5; DILG; augmentation)
Discretionary Fund
*Araullo v. Benigno Simeon Aquino III, GR No. 209287, July 1, 2014 and MR
[February 3, 2015] (DAP)
Sec. 26.
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Passage of bills
*Abakada v. Ermita – 469 SCRA 1 (supra.)(BCC)
Presidential Veto
*CIR v. CTA – 185 SCRA 329 [1990] (item in a revenue bill)
*Gonzales v. Macaraig – 191 SCRA 452 [1990] (general provision)
*Philconsa v. Enriquez – 235 SCRA 506 [1994] (supra., Sec. 25; “inappropriate
provision”)
Progressive system
Delegated tax legislation
Exemptions
*Abra Valley College v. Aquino – 162 SCRA 106 [1988] (tax exemption)
*John Hay People’s Alternative Coalition v. Lim, GR No.119775, October 24,
2003 (express exemption)
*Lung Center v. QC, GR No.144104, June 29, 2004 (elements to consider for
exemption
*CIR v. DLSU, G.R. 196596, G.R. 198841, G.R. 198941, November 9, 2016 (read
in relation to Abra Valley)
Special Funds
*Philippine Coconut v. Republic – 663 SCRA 514 [2012] (coco levy as public
fund; in re: Art. IX-D, Section 2(1))
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Sec. 1.
Executive Power
Scope of power
**Marcos v. Manglapus - 177 SCRA 668 [1989] and MR – 178 SCRA 760 [1989]
(residual power)
Examples of exercise
Valid exercise
*Webb v. de Leon – 247 SCRA 652 [prosecution of crimes ; not quasi-judicial
function)
*Djumantan v. Domingo – 240 SCRA 746 [1995] (deportation)
*Pontejos v. Ombudsman – 483 SCRA 83 [2006] (power to grant immunity to state
witnesses)
*Banda v. Ermita – 618 SCRA 499 [2010] (power to reorganize)
Invalid exercise
*Laurel v. Garcia - 187 SCRA 797 [1990] (alienation of government property)
*Review Center v. Ermita – 583 SCRA 42 [2009] (power of President over
administrative agencies)
*Biraogo v. Truth Commission – 637 SCRA 78 [2010] (power of the President to
investigate)
Executive Privilege
**US v. Nixon - 418 US 683 [1974] (general claim of executive privilege)
*Almonte v. Vasquez - 244 SCRA 286 [1995] (EIIB information not subject of
privilege)
*Senate v. Ermita – GR No.169659, April 20, 2006 [E.O. 464]
*Neri v. Senate – GR No.180643, March 25, 2008 (ZTE-NBN deal)
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The Cabinet
Sec. 4.
Election of the President and VP
Term of the President and VP
Supplement:
Panganiban, Reforming the Judiciary, Chapter 10.
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Sec. 13.
Prohibition against Holding Another Office or Employment
**Rafael v. Embroidery & Apparel Control Board – 21 SCRA 336 [1967] (designation and
ex-officio capacity)
**CLU v. Exec. Secretary – 194 SCRA 317 [1991] (stricter prohibition on the President’s
official family against multiple offices)
*De la Cruz v. COA, GR 138489, November 27, 2001 (alternates of Cabinet member are
also not entitled to additional compensation; see also Bitonio v. COA – 437 SCRA 277
[2004] and Nat’l. Amnesty Com. v. COA – 437 SCRA 655 [2004])
*Funa v. Ermita – 612 SCRA 308 [2010] (in relation to Art 9-B Sec 7)
*Funa v. Executive Secretary, GR 191644, Feb 19, 2013 (exception to the general rule of
prohibition to hold other govt offices) (supra Art VII, sec 3)
*Espiritu v. Lutgarda, GR No.204964, October 2015, 2014
Other Prohibitions
*Doromal v. Sandiganbayan – 177 SCRA 354 [1989] (prohibited participation in a contract
with the government; indirect interest)
Sec. 16.
Nature of the Appointing Power
*Government v. Springer- 50 PHIL 259 [1927] (power to appoint as executive)
*Velicaria – Grafel v. OP – 758 SCRA 414 [2015] (revocation of GMA
appointments)
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Aquino appointments made between Feb. 2, 1987 and July 27, 1987
● Bernas Commentary
● Bernas Intent: p.443-454
Power of supervision
**Drilon v. Lim - 235 SCRA 135 [1994] (power of DOJ Sec. to declare illegal a City Code is
mere exercise of supervision)
Sec. 18.
Commander-in-Chiefship
*Lansang v. Garcia 42 SCRA 448 [1971] (habeas corpus reviewable by SC)
*David v. Arroyo – GR No.171396, May 3, 2006 (supra. A6, Sec. 23 (2) (immunity from suit)
*Ampatuan v. DILG Sec., GR No.190259, June 7, 2011 (A6, Sec. 23 (2)
**Kulayan v. Tan, GR No.187298, July 3, 2012
*Lagman v. Medialdea (Supra., A6, S23(2))
*Lagman v. Senate President Pimentel, GR No. 235935, February 6, 2018
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The New Martial Law Doctrine: The Role of Congress and Court
The New Martial Law Doctrine: Effects of Imposition
Sec. 19.
Purpose of Executive Clemency
**Diego v. People – 755 SCRA 260 [2015] (pardoning power as discretionary; beyond
control of the court)
Amnesty
Other forms of executive clemency
Sec. 21.
Senate concurrence in international agreements
**Gonzales v. Hechanova - 9 SCRA 230 [1963] (nature of executive agreements)
Termination of Treaty
Other Foreign Affairs Power
**Vinuya v. Romulo – 619 SCRA 533 [2010] and MR GR No. 162230, August 12, 2014.
Sec. 1.
Judicial Power and Judicial Function
Definition and scope
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Limits
**Noblejas v. Teehankee –23 SCRA 405 [1968] (no power to discipline officers in
other branch with equivalent rank of judge)
Justiciable Controversy
**SBMA v. COMELEC – 262 SCRA 492 [1996] (supra. Art. 6, Sec. 32) (no controversy
when resolution is at proposal stage)
*In re Save the Supreme Court – 746 SCRA 352 [2015] (Supreme Court can’t declare a
proposed bill unconstitutional; no right arises therefrom; read with SBMA v. COMELEC,
supra.)
Advisory opinions
**Director of Prisons v. Ang Cho Kio – 33 SCRA 494 [1970] (no power to give
advisory opinions or recommend executive action)
Supplement
Did Article 8, Section 1 of the 1987 Constitution Expand the Jurisdiction of the Supreme
Court? 8 LR 6, #12 (Dec. 31, 1999). El Andres Narvasa, El Poder (1998).
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2nd: “Standing”
Legislators and Government Officials
**Concepcion v. COMELEC – 591 SCRA 420 [2009] (aggrieved party)
Taxpayers
*Pascual v. Secretary of Public Works – 110 PHIL 331 [1960-1961] (supra.
Art. 2, Secs. 24 & 29; requisites in questioning use of public funds).
*Galicto v. Aquino – 667 SCRA 150 [2012] (no material interest in future
increases in benefits)
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Other rules: “Raise at earliest opportunity” & “Constitutionality is the very lis
mota”
**People v. Vera – 65 PHIL. 56 [1937-1938] (exception to the rule on earliest
opportunity)
**Narra Nickel Mining v. Redmont – 722 SCRA 382 [2014] (capable of
repetition; need to formulate principles)
Admission to the practice of law, the Integrated Bar,disciplinary powers, and legal
assistance to the underprivileged
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**In re Cunanan – 94 PHIL. 534 [1953-1954] (admission to the bar). Read with
**In re letter of UP Law Faculty – 644 SCRA 543 [2011] (plagiarism)
Limits of power
Simplified and inexpensive procedure for speedy disposition
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Insufficient
Legal basis must be stated if a petition for review or motion for reconsideration of a decision
shall be refused due course or denied
Sec. 15 Decision-making period
A. Common Provisions
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Fiscal Autonomy
*Civil Service Commission v. Javier, G.R. No. 173264, Feb. 22, 2008.
Permanent
Reorganization
*Civil Service Commission v. Pililla Water District, G.R. No. 190147, March 5, 2013.
Loss of confidence
Abolition of office
Reorganization
* COMELEC-CSC Joint Circular No. 001, Series of 2016, (Mar. 29, 2016)
Temporary Employees
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C. Commission on Elections
Election contests
Recommendatory powers
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D. Commission on Audit
*Development Bank of the Philippines v. COA, G.R. No. 88435, Jan. 16, 2002.
Audit jurisdiction
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*Borja v. COMELEC – 295 SCRA 157 (term limit for local elective officials)
*Adormeo v. COMELEC – 376 SCRA 90 (winner of recall election)
*Latasa v. Comelec, GR No. 154829, Dec. 10, 2003 (component city)
*Ong. V. Alegre – 479 SCRA 473 (recall election in the mid-way of the term)
*Datu Michael Abas Kida v. Senate of the Philippines, GR No. 196271, February ? 2012
(reconsideration; holdover provision in RA 9054 unconstitutional, as Congress in passing RA 10153 has
made clear)
**Naval v. COMELEC, GR No.207851, July 8, 2014
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Sec. 17. Authority of the National Government over the Autonomous Region
*Republic of the Philippines v. Sereno, G.R. No. 237428, May 11, 2018.
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Utilization
**IID v. PSALM -682 SCRA 602 [2012]
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Telephone Interconnections
Unincorporated Agencies
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Government Officers
**Ministerio v. CFI – 40 SCRA 464 [1971]
**Syquia v. Almeda-Lopez – 84 SCRA 312[1978]
Foreign Government
Consent by Law
*Carabao v. Agricultural Product Com. – 35 SCRA 224 [1970]
Agency – Proprietary
*United States v. Guinto – 182 SCRA 644 [1990]
Waiver
Resulting Liability
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Sec. 1. Revision/Amendment
Sec. 3. Status of Laws and other Legislation Passes Prior to the Constitution
Sec. 9. Sub-Provinces
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END
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