UNIVERSITY OF ILOILO-PHINMA

College of Law
Iloilo City
SY 2015-2016 First Semester
CONSTITUTIONAL LAW I
Jose Edmund E. Guillen A.B., LL.B., LL.M.(Michigan)
COURSE OUTLINE
This course deals with the study of the structure and powers of the Government of the
Republic of the Philippines as set forth in the 1987 Constitution. It covers the fundamental
principles and state policies, the separation of powers among the legislative, executive and
judicial branches, the constitutional commissions as well as the accountability of public officers
and the amendments and revision of the constitution. As an introduction it touches on the concept
and elements of the state, its immunity from suit, and the rule of the majority in the democratic
and republican system of government.
This is a three (3) hour course with meeting every Thursday from 6:00 oclock to 9:00
oclock in the evening. Each student is expected to come to class ready to recite when called
upon, which means that he or she has already read and understood the assigned readings for that
specific meeting.
Casebook: The 1987 Constitution of the Republic of the Philippines: A Commentary
By Fr. Joaquin Bernas S. J.
2009 Edition
Rex Bookstore
References: Philippine Political Law
By Justice Isagani A. Cruz (preferably latest edition)
Philippine Political Law
By Ruben E. Agpalo (preferably latest edition)
______________________________________________________________________________
June 18
Introduction to the course
Policies and expectations, texts and references
Concept and elements of the state
Readings: Bernas, pages 38 59; Cruz, pages 14-30
June 25
The Doctrine of State Immunity
Tests to determine its applicability
Suits against different respondents
Forms of consent; scope of consent; exceptions
Readings: Bernas, pages 1318-1333; Cruz, pages 31-48
July 2
Fundamental Principles and State Policies
Section 10 &11- Relate to Article XIII
Section 12- relate to Article XV; Section 13 relate to Art. XIV, Sec. 19
Section 14- relate to Article XIII, Sec. 14; Sec. 15- relate to Art. XIII, Sec. 11-13
Section 17- relate to Article XIV, Sec. 1-5; 6-19
Readings: Bernas, pages 35-91
July 9
Fundamental Principles and State Policies Continued

Section 18- relate to Article XIII, Sec. 3; Section 19-20- relate to Article XII
Section 21- relate to Article XIII, Section 4-8; Section 22- relate to Article XIII, Sec. 17
Section 23- relate to Article XIII, Section 15-16
Section 27-28- relate to Article XI- Civil Service
Readings: pages 91-99
July 16
Separation of Powers; blending of powers
Checks and balances; role of the judiciary
Justiciable and political questions
Readings: Cruz, pages 74-88
Delegation of Powers
Tests for valid delegation
Permissible delegations
Readings: Bernas, 677-678; Cruz, pages 92-107
July 23
Legislative Department
Holders of legislative powers
Structure, qualifications, terms, election, privileges and immunities
Incompatible and forbidden offices
Readings: Bernas, pages 675-730
July 30
Legislative Department continued
Inhibitions and disqualifications; sessions, officers, discipline of members
Journals and enrolled bill
Electoral tribunals and commission on appointments
Readings: Bernas, pages 730-760
August 6
Powers of Congress
Nature and Concept and limitations on legislative powers
Legislative investigations
Declaration of state of war
Delegation of emergency powers
Readings: Bernas, pages 761-781
August 13
Powers of Congress Continued
Legislative process and passage of bills
Power to appropriate and its limits
Veto and doctrine of inappropriate provisions
Power of taxation: scope, limits and exemptions
Initiative and referendum
Readings: Bernas, pages 782-817
August 20
MIDTERM EXAMINATIONS
August 27
Executive Department:
Executive power, immunity from suit and executive privilege
Structure, qualifications,
Vacancy and succession and incapacity; terms of office
Prohibitions
Readings: Bernas, pages 820-867

September 3
Executive Department Continued: Powers of the President
Power to appoint: nature and scope
Control and supervision; faithful execution clause
Military powers: commander-in-chief clause, habeas corpus and martial
Readings: Bernas, pages 868- 923
September 10
Powers of the President Continued
Pardoning power
Barrowing power
Diplomatic power; budgetary power and informing power
Readings: Bernas, pages 924-945
Judicial Department: insuring its independence
Judicial Power, scope and limits
Appointment, JBC, composition and sessions
Readings: Bernas, pages, 946-966; 1014- 1019
September 17
Judicial Department Continued: Powers of the Supreme Court
Judicial review: requisites
Political questions
Security of tenure; process of decision making and periods
Readings: Bernas, pages 967-1034
September 24
Constitutional Commissions
Power to appoint; fiscal autonomy and independence
Decisions and its review
Civil Service Commissions: scope of the system
Classification, appointments and security of tenure
Lame ducks; holding other offices during tenure
Double compensation
Readings: Bernas, pages 1035-1070
October 1
Commission on Elections
Composition, qualifications, appointment and term
Powers of the commission
Decision making
Regulation of public utilities, media, franchises
Commission on Audit
Organization, composition and appointment
Powers and functions
Readings: Bernas: pages 1071-1109
October 8
Accountability of Public Officers
Impeachment: grounds, nature, process
Sandiganbayan
Office of the Ombudsman: qualification, appointment, term
Powers of the Ombudsman
Readings: Bernas, pages 1148-1172
National Economy and Patrimony
Regalian Doctrine;

limits on dominion
Exploration, development and utilization of inalienable resources
Classification and disposition of lands of public domain
Ancestral lands and domain
Private lands
Public utilities
Temporary takeover of business; nationalization of industries
Monopolies and combinations
Readings: Bernas, pages 1174-1236;
October 15
ESTACS
Education and academic freedom
Language; science and technology
Arts, culture and sports
Readings: Bernas, pages 1278 - 1312
Amendment and revision
Proposals, ratification and effectivity
Readings: Bernas, pages 1344-1381
October 22
FINAL EXAMINATIONS