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, 2014
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 I. Introduction 3 hours Freedom Board Oral Macariola vs. Asuncion, 114
the coverage of the course A. Scope of Political Law Recitation PowerPoint SCRA 77
2. To trace the roots of the B. Necessity of the Study Presentation Quiz Javellana vs. Executive
present constitution C. Basis of the Study Schematic Diagramming Secretary, 50 SCRA 30
3. To define what is II. Early Organic Laws Santiago vs. COMELEC,
a constitution, explain III. Constitution March 19, 1997
the different classifications of A. Definition Lambino vs. COMELEC, Oct.
an organic law and B. Classifications 25, 2006
enumerate the parts of a C. Parts Tolentino vs. COMELEC, 41
constitution D. Characteristics or Requisites of a SCRA 702
4. To know what are the Good Constitution
basic rules in the construction IV. Interpretation of the Constitution
of the constitution V. Amendment Process
5. To understand the process A. Amendment vs. Revision
of revising or amending B. Procedure
the constitution
1
 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 VI. The 1987 Constitution 3 hours Oral Recitation Magallona vs. Ermita,
good qualities of the A. Outstanding Features PowerPoint Presentation 655
present Philippine constitution B. Supremacy of the Constitution Quiz SCRA 476
2. To differentiate a constitution C. Preamble Research Paper Philippines vs. China (South
from a statute VII. The Concept of a State China Sea Arbitration), July
3. To know what is the nature of A. Definition 12, 2016
a preamble and discuss B. Elements Cabañas vs. Pilapil, 58 SCRA
its importance 1. People 94
4. To explain what is a state and 2. Territory People vs. Radam, May 31,
enumerate its elements a. RA No. 9522, The New 1994
5. To discuss the Doctrine of Baselines Law of 2009 PCGG vs. Sandiganbayan,
State Immunity 3. Government 530 SCRA vs. 13
a. Functions Callado vs. IRRI, 244 SCRA
b. Doctrine of Parens Patriae 210
c. De Jure and De Facto The Holy See vs. Rosario, 238
Governments SCRA vs. 524
d. Administration Republic of Indonesia vs.
4. Sovereignty Vinzon, June 26, 2003
C. Act of State Doctrine US vs. Reyes, March 1, 1993
VIII. The Doctrine of State Immunity EPG Construction Co., et al.
vs. Hon. Gregorio Vigilar, et
al., March 16, 2001
DEPED vs. Oñate, 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
1. To know what are VIII. Fundamental Principles and State 3 hours Group Creative Reporting Pharmaceutical and Health
the fundamental principles Policies Oral Recitation Care Association of the
and state policies of the A. Republicanism Quiz Philippines vs. Duque III,
present organic law B. The Defense of the State 535
2. To determine whether the C. The Incorporation Clause SCRA 265
principles or policies are D. Rearing of the Youth Oposa vs. Factoran, Jr., 224
self- executing or not E. Women SCRA 792
F. Social Pierce vs. Society of Sisters,
Justice 262 U.S. 510
G. Balanced Ecology United Church of Christ in the
H. Separation of Church and State Philippines, Inc. vs. Bradford
I. Supremacy of Civilian Authority United Church of Christ,
J. Encouragement of Inc., June 20, 2012
Non- Governmental, Community Imbong vs. Ochoa, April
Based or Sectoral Organizations 8,
K. Local Autonomy 2014
L. Indigenous Cultural Communities Tañada, et al. vs. Angara,
M. Economy et al., 82 SCAD 241
N. Honesty and Integrity in Public Cruz vs. DENR
Service Secretary, Dec. 6, 2000
O. Full Disclosure of All Pamatong vs. COMELEC,
State Transactions involving April 13, 2004
Public Interest
P. Equal Access to Opportunities
for
1. To know the rationale behind 3 hours Message Relay
Public Service
the principle of separation of Oral Recitation
powers IX. Separation of Powers Group Quiz Bowl Belgica vs.
2. To know when a question is A. Purposes Executive
justiciable or not B. Principle of Checks and Balances Secretary Ochoa, November
3. To determine when a C. Political Questions Doctrine 11, 2013
delegated power X. Delegation of Powers In Re: Production of Court
is permissible A. Permissible Delegation Records and Documents and
1. Tariff Powers the Attendance of
2. Emergency Powers Court Officials and
3. Delegation to the People Employees…, Feb. 14, 2012
4. Delegation to Local Office of the
Governments Court
Administrator vs. Reyes, 621
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
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
Garcia vs. Hon. Drilon, June
25, 2013
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 1. Composition 593
perquisites, inhibitions and a. District Representatives Mariano, Jr. vs.
immunities of a member of b. Party-list Representatives COMELEC, March 7, 1995
the legislative 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,
H. Inhibitions and Disqualifications 586
I. Sessions SCRA 210 and 592 SCRA 294
J. Officers Ang Ladlad LGBT Party vs.
K. Quorum COMELEC, April 8, 2010
L. Discipline of Members Atong Paglaum, Inc.
M. Journals vs. COMELEC, April 2, 2013
N. Adjournment Trillanes IV vs. Pimentel,
O. The Electoral Tribunal Sr.,
P. Organization 556 SCRA 471
Q. Powers Pobre vs. Defensor-Santiago,
1. Legislative Power in General 597 SCRA 1
a. Definition Liban vs. Gordon, 639
b. Procedure SCRA
c. Origin of Bills 709
d. Prohibited Measures Pimentel vs.
e. Title of Bills Senate
f. Formalities Committee of the Whole,
g. Approval of Bills 644
2. Legislative Inquiries SCRA 741
3. The Power of Appropriation Santiago vs. Guingona, Nov.
4. The Power of Taxation 18, 1998
5. The Power of Concurrence Kida vs. Senate of
6. The War Powers the
7. Referendum and Initiative Philippines, 659 SCRA 270
Tobias vs. Abalos, 239
SCRA
106
Phil. Judges Association vs.
Prado, 227 SCRA 703
Mabanag vs. Lopez Vito, 78
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
Sanchez vs. COA, 552 SCRA
471
1. To be familiar of the XII. The Executive Department 6 hours Case Analysis (Library Work)
structure of the executive A. Qualifications Debate (Parliamentary vs. Poe, Jr. vs. Arroyo, March 29,
department B. Election and Proclamation Presidential) 2005
2. To determine the powers of C. Term Group Stations Legarda vs. De Castro, 542
the president and vice- D. The Vice-President Oral Recitation SCRA125
president E. Presidential Succession Quiz Macalintal vs. PET, 635 SCRA
3. To know the F. Oath of Office 783 and 651 SCRA 239
perquisites, inhibitions and G. Perquisites and Inhibitions Estrada vs. Desierto, 353
immunities of a member of H. Presidential Immunity SCRA 452
the executive department I. Powers Clinton vs. Jones, 520
1. Executive Power in General U.S.
2. The Appointing Power 681 (1997);
3. The Control Power Public Interest Center, Inc. vs.
4. The “Take Care” Clause Elma, 494 SCRA 53 and
5. The Military Power 517
6. The Barrowing Power SCRA 336
7. The Diplomatic Power Marcos vs. Manglapus, Sept.
8. The Budgetary Power 15, 1989
9. The Informing Power Sarmiento vs. Mison, 156
10. Other Powers SCRA 549
Pimentel vs. Ermita, Oct. 13,
2005
Kida vs. Senate of
the
Philippines, ibid
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
Pichay, Jr. vs. Office of the
Deputy Executive Secretary,
 July 24, 2012
Biraogo vs. Truth Commission
of 2010, 637 SCRA 78
Ocampo vs. Rear Admiral
Enriquez, November 8, 2016
David vs. Arroyo, May 3, 2006
Lagman vs. Medialdea,
July
04, 2017
Ampatuan vs. Puno, 651
SCRA 228
Fortun vs. Macapagal-Arroyo,
March 20, 2012
Gudani vs. Senga, 498 SCRA
671
Province of North Cotabato vs.
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
1. To understand how does the XIII. The Judicial Department 6 hours Court Visit
SCRA
judicial system of the A. Independence of the Judiciary Oral Recitation
797
Philippines work B. Judicial Power in General PowerPoint Presentation
2. To know the structure of the C. Jurisdiction Quiz Diaz vs. CA, Dec. 5, 1994
judiciary and discuss the D. Appointments Chavez vs. JBC, April 16,
powers of the court 1. Qualifications 2013
3. To know when the court will 2. The Judicial and Bar Council Re: Petition for Recognition of
hear and decide a E. Fiscal Autonomy the Exemption of the
constitutional question F. Composition of the Supreme Court Government Service
4. To determine the effects 1. En Banc Cases Insurance System from
of declaration 2. Division Cases Payment of Legal Fees, 612
of SCRA 193
Sothern Hemisphere
Engagement Network, Inc. vs.
 unconstitutionality by the court G. Requisites of Judicial Inquiry Anti-Terrorism Council,
1. Actual Case 632
2. Proper Party SCRA 146
3. Earliest Opportunity Estarija vs. Ranada, 492
4. Necessity of Deciding SCRA 652
Constitutional Question Moldex Realty, Inc. vs.
H. Effects of Declaration of HLURB, 525 SCRA 198
Unconstitutionality Planters Products, Inc. vs.
I. Powers of the of the Supreme Fertiphil Corporation, 548
Court SCRA 485
1. Original Jurisdiction Castro vs. Deloria, 577 SCRA
2. Appellate Jurisdiction 20
3. Temporary Assignment of In Re: Undated Letter of Mr.
Judges Louis C. Biraogo, Petitioner in
4. Change of Venue or Place of Biraogo vs. Nograles and
Trial Limkaichong, 580 SCRA 106
5. Rule-making Power Re: EM No. 03-010 – Order of
6. Appointment of Court the First Division of
Personnel COMELEC dated Aug. 15,
7. Administrative Supervision of 2003, A.M. No. 03-8-22 SC,
Courts Sept. 16, 2003
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 A. The Civil Service Commission Oral Recitation 16, 2005
the independence of the 1. Composition and Qualifications Quiz CSC vs. DBM, July 22, 2005
three 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 Señeres vs. COMELEC, 585
commissions 9. Oath SCRA 557
10. Disqualifications Atienza, Jr. vs. COMELEC,
 11. Standardization of 612 SCRA 761
Compensation Gaminde vs. COA,
12. Double Compensation December
B. The Commission on Elections 13, 2000
1. Composition and Qualifications Philippine Society for the
2. Powers and Functions Prevention of Cruelty to
a. Enforcement of Election Animals vs. COA, 534
Laws SCRA
b. Decision of Election 112
Contests Boy Scouts of the
c. Decision of Administrative Philippines vs. COA, 651
Questions SCRA 146
d. Deputization of Law- PDIC vs. COA, 546 SCRA 473
Enforcement Agencies Commission on Audit vs.
e. Registration of Political Link
Parties Worth International, Inc., 581
f. Improvement of Elections SCRA 501
3. Election Period Veloso vs. COA, 656 SCRA
4. Party System 767
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 XV. Accountability of Public Officers 3 hours Creative Group
the measures in the highest A. Impeachment Teaching Oral Recitation
law that will give life to the 1. Impeachable Officers PowerPoint Presentation
adage: “Public office is a public 2. Grounds for Impeachment Term Paper
trust” 3. Procedure Romulo vs. Yñiguez, 141
2. To determine the powers of 4. Impeachment and Criminal SCRA 263
the different agencies in the Prosecution In Re: Raul M. Gonzales, 160
government that are tasked to B. The Sandiganbayan SCRA 771
ensure transparency and C. The Ombudsman Estrada vs. Desierto, 353
accountability of public officers D. The Special Prosecutor SCRA 452 and 356 SCRA 108
and employees E. Commission on Human Rights Francisco vs. The House of
F. Presidential Commission on Good Representatives, et al., Nov.
Government 10, 2003
Office of the Ombudsman vs.
CA, 452 SCRA 714
Gutierrez vs. The House of
Representatives, Feb. 15,
 G. Sequestration 2011
Republic vs. Sereno, G.R. No.
237428, June 19, 2018
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
Cariño vs. CHR, 204 SCRA
483
Presidential Committee
on 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,

10
 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

Prepared by:

ATTY. JUDIEL M.
PAREJA Law
Professor

Approved by:

ATTY. BALDOMERO C.
ESTENZO Dean