Professional Documents
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SCHOOL OF LAW
COURSE DESCRIPTION:
This 5-unit course is a review of all branches of Political Law. Constitutional Law 1 studies
the General Consideration in the Philippine Constitution, the elements of the State and the branches
of the national government while Constitutional Law 2 focuses on the Bill of Rights. The course
includes Citizenship, Laws on Public Officers, Administrative Law, Election Law, Local
Governments, National Economy and Patrimony, and Public International Law.
METHODOLOGY:
The class will be conducted through lectures, recitations, quizzes and examinations..
COURSE REQUIREMENTS:
Readings and Assignments. You are expected to be familiar with the assigned readings on a
week-to-week basis and must be prepared to participate actively in class discussions. Supplementary
readings and assignments will be given every now and then to augment the schedule of Topics and
Readings and to ensure a better understanding of a specific topic.
Recitation. You will be called to recite or lead the discussion of a scheduled topic during the
term. You are expected to demonstrate during recitation both knowledge of the assigned readings
and ability to express yourself convincingly.
Mid-term/Final Examinations. You will be given two major examinations in this course.
Both will allow you to display your knowledge and familiarity to think critically and logically.
GRADING SYSTEM:
Your grade in this course will be determined on the basis of class standing (30%) which
includes quizzes and recitations, the preliminary examination (30%), and the final examination
(40%).
REFERENCES: Nachura, Antonio, E.B.. Outline Reviewer in Political Law, (2015) Quezon City: VP
Graphic Arts, Inc.
Magsalin, Mariano, Jr. F. and Roberto Rafael J. Pulido (2017) Philippine Political
Law, Pasay City: Arellano Law Foundation
COURSE OUTLINE:
INTRODUCTION
I. BASIC PRINCIPLES
B. Territory
1, Definition
2. Components
3. The Philippine Archipelago, Article 1
a. Article III, Treaty of Paris, Dec 10, 1898 (Spain ceded the P.I. to the U.S.)
b. US-Spain Treaty, Nov 7, 1900 (Cagayan, Sulu, and Sibutu)
c. US-Great Britain Treaty, Jan 2, 1930 (Turtle and Mangsee Islands)
d. 1935 Constitution (Batanes)
e. 1973 Constitution (territories by historic right or legal title)
f. RA 3046, Jun 17, 1961
g. RA 5446, Sep 8, 1968 (Sabah claim)
h. PD 1596, Jun 11, 1978 (other territories, claim over KIG)
i. PD 1599, Jun 11, 1978 (200 miles EEZ)
j. UNCLOS I, II and III (1994) (Archipelagic principle, right of innocent passage,
right to sea lane passage)
k. RA 9522 (demarcation of maritime zone and continental shelf under UNCLOS
III)
- Province of North Cotabato v GRP Peace Panel on Ancestral Domain, 568 SCRA
402 (2008)
- Magalona v Ermita, 655 SCRA 476 (2011)
C. People
1. Definition
D. Government
1. Definition
- Government of the Republic of the Philippines defined, Sec 2 (1) Administrative Code
3. Parens Patriae
- Government v Monte de Piedad, 35 Phil 728 (1916)
E. Sovereignty
1. Definition
2. Dual Aspect, Kinds and Characyeristics
3. Dominium & Imperium
4. Effects of Change in Sovereignty
5. Effects of military occupation
6. Territorial, personal and extraterritorial jurisdiction
7. Acts of State
III. THE PHILIPPINE CONSTITUTION
A. State Immunity
3. Express Consent
4. Implied Consent
1. Rule, Maxim
2. Exceptions
b. By legislative grant
- Delegation tp administrative bodies (rule-making power)
- Delegation to local government units (ordinances as subordinate
legislation)
-Sema v Comelec, 558 SCRA 700 (2008)
-NPC Drivers and Mechanical Asso. v Napocor, 503 SCRA 138 (2006)
A. Preamble
1. Nature, purpose and aims
B. Principles
1. Independent foreign policy and nuclear free Philippines, Article II Sections 7 and 8
a. Foreign military bases, Article XVIII, Section 4 and 25
3. The family and the role of the youth, Article II , Sections 12 and 13
a. Family as a basic autonomous social institution
-Republic v Albios, 707 SCRA 584 (2013)
b. Protection of the mother and the unborn
- Imbong v Ochoa, 721 SCRA 146 (2014)
c. Natural and primary right and duty of parents
4. Communication and information in nation building, Section 24; Article XVI, Sections 1—
11; Article XVIII, Section 23
5. Rights of indigenous cultural communities, Article II , Section 22; Article VI, Section 5
(2); Article XII, Section 5; Article XIII, Section 6; Article XIV, Section 17; Article
XVI, Sec 12;
RA 8371 (1997), Indigenous People’s Rights Act
Sec. 1. Petition for Philippine Citizenship shall only be heard by the courts after 6 months from
the publication of its application.
The decision granting the petition shall become executory after 2 years from its promulgation
(intervening time) conditioned upon the following:
1.) The court shall conduct a hearing after the lapse of the intervening time;
2.) With the attendance of the Solicitor General or his representative;
3.) In which the applicant has to prove the following:
a. That he has not left the Philippines;
b. That he dedicated himself continuously to a lawful calling or profession;
c. That he has not been convicted of any offense or violated any government
rules;
d. That he has not committed any act prejudicial or contrary to the interest
of the nation or government policies.
Sec. 2. Once the above requirements have been satisfied, (1) the order granting the petition
for citizenship shall be registered; and, (2) the applicant shall take an oath of allegiance. (3)
Only thereafter shall the applicant be entitled to all privileges of a Filipino Citizen (by
issuance of a Certificate of Philippine Citizenship; corollary, the Commission of Immigration and
Deportation shall cancel his alien certificate of registration).
A. Definition, nature
B. Scope
1. Election
2. Plebiscite, Article X, Sections 10, 11, 18
3. Initiative, Article XVII, Section 2; RA 6735, Initiative and Referendum Act; Sections 118-
126, RA 7160
4. Referendum, Article VI, Section, 32; Sections 127, RA 7160
5. Recall, Article X, Section 3; Section 69, RA 7160
C. Qualifications and disqualifications of voters, Section 1
D. Secrecy and sanctity of the ballot, Article V, Section 2
E. System of Absentee voting, Article V, Section 2; RA 9185
THE NATIONAL GOVERNMENT
1. Congress
2. Regional / local legislative power
3. People’s Initiative on Statutes
a. Initiative and Referendum
4. The President under a martial law rule or in a revolutionary government
3. Election:
a. Regular election, Article VI , Section 8
b. Special election, Article VI , Section 9
1. Freedom from arrest, Article VI , Section 11; Privileged Speech and Debate Clauses,
Section 11
2. Incompatible and Prohibited Offices, Article VI , Sections 13, 14
- Liban v Gordon, 593 SCRA 68 (2009) and 639 SCRA 709 (2011)
3. Duty to disclose, Article XI, Section 17, Article VI, Sections 12, 20
F. Powers of Congress
1. Legislative
a. Legislative Inquiry and Oversight Functions, Article VI , Sections 21 & 22
b. Bicameral Conference Committee
c. Limitations on legislative power
- Limitation on Revenue, Appropriations and Tariff Measures
d. Passage of laws
- Requirement as to bills
- As to titles of bills, Article VI , Section 26 (1)
- Imbong v Ochoa, 721 SCRA 146 (2014)
- How does a bill become a law?
- Effectivity of laws, NCC, Article 2
2. Non-legislative
A. The President
1. Qualifications, election, term and oath, Article VII, Sections 1, 4 & 5
- Macalintal v PET, 635 SCRA 783 (2010), 651 SCRA 239 (2011)
2. Privileges, Prohibition, Inhibitions and Disqualifications, Article VII, Sections 6, 13
- Pormento v Estrada, 629 SCRA 530 (2010)
3. Presidential immunity
C. Rules of Succession
1. President, Article VII
a. Before assumption of office
b. Upon assumption of office
c. temporary incapacity
A. Judicial Power
1. Adjudicatory power
a. Involving rights legally demandable, Article VIII, Section 5 (1)
b. Affecting ambassadors, public ministers and consuls
c. PET = SC
2. Judicial Review
a. Acts of Judicial Department: lower courts, Article VIII , Section 5 (2)
b. Acts of Executive Department
c. Acts of Legislative Department
d. Requisites for Judicial Review of a constitutional issue
1. Actual case or controversy; exceptions
2. Issue must be raised by proper party (locus standi)
3. Issue must be raised at the earliest opportunity; epistolary jurisdiction
4. Necessity of deciding the constitutional question (lis mota)
e. Functions of Judicial Review
f. Judicial Restraint; Limitations on the exercise of Judicial Review
3. Incidental powers
K. Judicial Privilege
- Re: Petition for recognition of the exemption of the GSIS from payment of legal fees, 612
SCRA 193 (2010)
XI. CONSTITUTIONAL COMMISSIONS AND OTHER CONSTITUTIONAL
BODIES/AGENCIES
B. Economic Agencies
1. BSP, Article XII, Sections 20, 21
2. NEDA, Article XII, Sections 9, 10
C. National Commissions
1. Commission on Human Rights (CHR), Article XIII, Sections 17-19
2. National Language Commission (Komisyon ng Wikang Pambansa), Article XIV, Section 9
3. National Police Commission (NAPOLCOM), Article XVI, Section 6
4. National Commission on Indigenous People (NCIP), Article XII, Section 5; Article XIV,
Section 17, Article XVI, Section 12
D. Anti-Graft Bodies
1. Sandiganbayan, Article XI, Section 4
2. Ombudsman, PD 1630 (1979); RA 6770 (1989)