Syllabus For Constitutional Law 1

MINDANAO STATE UNIVERSITY
COLLEGE OF LAW
Marawi City
COURSE SYLLABUS OF CONSTITUTIONAL LAW I

(As of August 2017)
Atty. Norhabib Bin Suod S. Barodi, Sh. L.

Member, Integrated Bar of the Philippines
Member, Integrated Shariah Bar of the Philippines
Member, Board of Directors, ISBP
Mindanao State University College of Law Professor of:
Constitutional Law Review, Constitutional Law I and II,
Public International Law, Election Law and the Law of Public Officers,
Law of Public Corporations, Property, Problem Areas in Legal Ethics,
Advanced Legal Writing, Legal Research and Shariah;
Regular Lecturer and Special Lecturer, 15th Series of Shariah Training Seminar;
2nd Placer, 2006 Shariah Bar Exam;
th
16 Placer, June 2007, PNP Entrance Eligibility Exam (Napolcom); CS Professional Eligible
Formerly, Public Attorney I, PAO Marawi District Office;
Practicing Lawyer and Shariah Practitioner;
Bachelor of Laws, Mindanao State University College of Law, Iligan Extension Class;
BS International Relations, Department of International Relations, King Faisal Center for Islamic,
Arabic, and Asian Studies, MSU;
Author: Shariah For The Muslim Region In The Philippines: The Essence
of Moro Self-Determination (ISBN-971-735-070-58)
No. of Units: 3 units
Semester taken: 1st Semester, 1st year
I. COURSE DESCRIPTION AND OBJECTIVE
Course Description
Constitutional Law I (Law 102). A study of the structure and powers of

the government of the Philippines including certain basic concepts of Political
Law such as the nature of the State, the supremacy of the constitution, the
separation of powers and the rule of the majority (New law curriculum, MSU
College of Law)
Constitutional Law I. A survey and evaluation of basic principles dealing

with the structure of the Philippine Government. (Legal Education Board)
Course Objectives
This course seeks to provide the students with a comprehensive study of

basic principles contained in the 1987 Constitution pertaining to the structure
and powers of the government of the Philippines including amendments to the
constitution. Emphasis is also made on the application of political law to actual
practice and on the implications and relevance of this study to the objective of
the MSU College of Law to become a nucleus of leadership training directed
towards the achievement of the state policy of integration and national
solidarity, and to its vision to be a leading academic institution committed to
the attainment of social justice thru legal education. Finally, this course seeks
to strengthen the foundation of students on the basic principles of political law
for them to succeed in the bar examinations and beyond.
Page 1 of 23
Syllabus of Constitutional Law 1
Atty. NORHABIB BIN SUOD S. BARODI, Sh. L.
Upon completion of this course, students will be able to:
Comprehend the workings of a democratic and republican state and a

government of the people, by the people, and for the people under a
regime of the rule of law and justice;
Effectively participate in discussions or activities involving issues of
constitutional importance which are affecting the life of the nation;
Effectively apply the basic principles of political law in their endeavor to
succeed in the bar examinations; and
Provide reliable, efficient, and cost-effective legal services in their practice
of law in all matters involving political law.
Specifically, the students are expected to learn and develop the

following lawyer competencies:
Skills in legal method and analysis particularly on:1
(Facts): identifying relevant facts and recognizing and assembling

fact patterns;
(Theory): formulating and elaborating legal theories involving political

law;
(Issues): identifying unresolved legal and factual issues;
(Authority): identifying controlling and applicable authority relating to

issues;
(Analysis): applying law to facts analyzing merits and predicting

outcomes;
(Evaluation): evaluating and critiquing theories and analysis;
(Synthesis): synthesizing complex law and facts into meaningful order;
(Diversify): employing multiple measures for evaluating legal problems.
In-depth learning of political law particularly on:2
(Understanding): knowing, recalling, and stating constitutional law

and procedure;
(Rights): identifying and advising as to political rights;
(Merits): evaluating the merits of constitutional claims.
Methodology
The course objectives and the competencies expected of the students

after completing this course will be achieved through the following combined
methodologies, to wit:
a. Case-analysis
This is an analysis of decided cases which are relevant to the

study of Constitutional Law I.
1
See Nelson P. Miller, Mapping Lawyer Competencies onto the Law School Curriculum to Confirm that the
Curriculum Prepares Graduates for Practice.
2
Ibid.
Page 2 of 23
b. Hypothetical cases/problem solving
This is an analysis of contemporary legal issues and problems by

applying relevant laws where jurisprudence is not available. It includes
the application of law and jurisprudence to hypothetical cases based on
current events.
c. Lecture-Recitation.
This is primarily an application of the Socratic Method of teaching

to arrive at the truth, not confusion. This method does not merely require
the recital of facts, issues, and ruling but it likewise puts emphasis on
how the facts of the case shape the application of law or jurisprudence.
II. COURSE OUTLINE AND MATERIALS
(Attached as last part of this course syllabus)
III. COURSE REQUIREMENTS AND GRADING SYSTEM
Course requirements:
1. Midterm Exam 4. Attendance

2. Final Exam
3. Recitation
Grading system*
Midterm exam - 40%

Final exam - 40%
Recitation - 15%
Attendance - 5%
*Subject to uniform grading system should one be prescribed by the College

of Law.
Passing Score and Computation of Grade
The overall passing score for the two major exams combined is 150/200,
subject to lowering for compelling reasons only, Provided that, the reduction
shall in no case be lower than 130/200 overall performance in the written
exams.
Obtaining at least a total score of 150/200 [midterm + final exam scores]

in the written exam is a condition sine qua non for a student to pass the
subject. Failure to comply with this condition renders the recitation and
attendance inconsequential in the computation of the final grade.
Example: Passing
First example
Midterm exam - 55/100

Final exam - 95/100
Total - 150/200
Second example

Final exam - 60/100
Total - 150/200
Page 3 of 23
If in this case, the student performed well in the recitation and has no
absences, his/her final grade will be increased one degree higher. If he/she
didnt perform well in the recitation and he/she has incurred absences not
beyond the maximum allowed, 150/200 [midterm + final exam scores]
overall performance in the written exams is sufficient for said student to
obtain the lowest passing grade of 3.0, consistent to the reality that the bar
examinations is a written examination.
Example: Failing
First example:

Final exam - 95/100
Total - 145/200
Second example:

Final exam - 55/100
Total - 145/200
Here, even if the student performed fairly in the recitation and has very
few absences, his/her final grade will still be failing since he/she fails to
comply with the indispensable condition of 150/200 [midterm + final exam
scores] overall performance in the written exams. The bar exam is not an
oral exam.
IV. COURSE AND CLASSROOM POLICIES
1. Attendance/Absences
Attendance will be checked every meeting. Being late for more

than 15 minutes shall be considered as an absence. A student is allowed
a maximum of four (4) non-consecutive unexcused absences. He/she is
not allowed to incur three (3) consecutive unexcused absences. Violation
of any of these rules will automatically grant the professor the following
options at his discretion:
1. Give a final grade of 5.0 to the student even if he/she

continues attending classes and even if he/she takes the major
exams which are not to be checked any way; or
2. Give DRP (officially dropped) if the student has officially

dropped the subject; or
For an absence to be excused, the student must submit a medical

certificate if the absence is due to illness. If the absence is due to other
meritorious causes, the student must submit an explanation in the form
of an affidavit duly subscribed and sworn to before an officer authorized
by law to administer oath.
2. Cheating and other forms of intellectual dishonesty
a. Any student caught cheating during exams will be advised to stop

attending classes or even if he/she continues attending classes,
he/she will be given a final grade of 5.0 without prejudice to any
disciplinary action which may be instituted against him/her in
accordance with the established rules and regulations of the College
of Law.
Page 4 of 23
3. Audio recording of class discussions/recitations is not allowed. Any
student caught violating this rule will be dealt with in accordance with
the disciplinary authority of the College of Law;
4. Exams must be taken as scheduled. If a student intends to take the

exam on a day other than as scheduled due to conflict of schedule,
he/she shall secure a written request for that purpose from the
professor/lecturer handling the subject with conflict of schedule, with a
favorable recommendation from the Office of the Dean.
5. Oral Recitation
a. During oral recitations, all books and notes must be closed.
b. Pass is not an answer.
c. Silence is not an answer.
6. Observance of silence inside the classroom
a. Cellular phones must be turned off or kept on silent mode;
b. Talking/whispering between seatmates is strictly not allowed.
7. Any course, classroom, and college policy imposed by the College of Law
but not mentioned herein shall be deemed part hereof ipso facto.
Nota bene: The professor reserves the right to alter or modify the foregoing
course policies as the exigencies may warrant.
Page 5 of 23
OUTLINE OF CONSTITUTIONAL LAW I
(As of August 2017)
Atty. Norhabib Bin Suod S. Barodi, Sh. L.

Member, Integrated Bar of the Philippines
Member, Integrated Shariah Bar of the Philippines
Member, Board of Directors, ISBP
Mindanao State University College of Law Professor of:
Constitutional Law Review, Constitutional Law I and II,
Public International Law, Election Law and the Law of Public Officers,
Law of Public Corporations, Property, Problem Areas in Legal Ethics,
Advanced Legal Writing, Legal Research and Shariah;
Regular Lecturer and Special Lecturer, 15th Series of Shariah Training Seminar;
2nd Placer, 2006 Shariah Bar Exam;
th
16 Placer, June 2007, PNP Entrance Eligibility Exam (Napolcom); CS Professional Eligible
Formerly, Public Attorney I, PAO Marawi District Office;
Practicing Lawyer and Shariah Practitioner;
Bachelor of Laws, Mindanao State University College of Law, Iligan Extension Class;
BS International Relations, Department of International Relations, King Faisal Center for Islamic,
Arabic, and Asian Studies, MSU;
Author: Shariah For The Muslim Region In The Philippines: The Essence
of Moro Self-Determination (ISBN-971-735-070-58)
1. The Concept of Academic Freedom
a. Definition
b. Extent of academic freedom under the 1935, 1973, and 1987 Philippine
Constitutions
c. Other constitutional basis of academic freedom
d. Aspects of academic freedom
1) To the institution
2) To the faculty
3) To the students
Required and recommended readings:
First Class Cadet Aldrin Jeff P. Cudia v. The Superintendent of the

PMA, et. al, G.R. No. 211362, Feb. 24, 2015
Garcia v. The Faculty Admission Committee, et al.
Tangonan v. Pano, et al.
UP v. CSC, G.R. No. 132860, April 3, 2001
Non v. Dames, 185523
Guzman v. National University
Ateneo v. Capulong
e. State power to regulate educational institutions in connection with

academic freedom (Section 4[1], Article XIV)
1) requirement of reasonableness.
f. Constitutional right to select a profession or course of study

Sec. 5(3), Art. XIV:
Miriam College Foundation, Inc. v. Court of Appeals, 348 SCRA 265, 288, Dec.
15, 2000, 1st Div. [Kapunan]
Licup, et al. v. University of San Carlos [USC]
Capitol Medical Center, Inc., et al. v. Court of Appeals, et al.
Page 6 of 23
University of San Agustin, Inc. v. Court of Appeals, 230 SCRA 761, 774-775,
March 7, 1994 [Nocon]
g. Essential freedoms subsumed in academic freedom
Sweezy v. New Hampshire, 354 U.S. 234, 263

Isabelo, Jr. v. Perpetual Help College of Rizal, Inc., 227 SCRA 591, 595 [1993]
Ateneo de Manila University v. Capulong, 222 SCRA 643, 660 [1993]
Garcia v. The Faculty Admission Committee, Loyola School of Theology, 68
SCRA 277, 285 [1975]
h. Instances where the court sanctioned an invocation of academic freedom
Required readings:
Tangonan v. Pano, 137 SCRA 245 [1985]

Garcia v. Loyola School of Theology, 68 SCRA 277 [1975]
Isabelo, Jr. v. Perpetual Help College of Rizal, Inc., 227 SCRA 595-597, Nov. 8,
1993, En Banc
2. Introduction to Political Law
a. Political law defined.

b. Constitutional Law 1 defined.
c. Constitutionalism
3. The Philippine Constitution
a. Definition
1) Social Contract Doctrine articulated in Marcos v. Manglapus,
177 SCRA 668, September 15, 1989
b. Structure of the 1987 Constitution

1) Number of articles
2) Arrangement of the articles and its significance
Read: De Castro v. JBC, March 17, 2010
c. Authorship of the Constitution

2) Preamble
d. Purpose of the Constitution
e. Classification of Constitution
f. Essential Parts of Constitution
g. Interpretation and construction of the Constitution
h. Principle of Supremacy of the Constitution
1) Application
Read: Explanation of the principle in the case of Manila Prince Hotel

Corporation v. GSIS, 267 SCRA 408 [1997]
i. Amendments and revisions
1) Definition
i) Constituent power
2) Distinctions between Amendment and Revision
Page 7 of 23
3) Two-part test in determining whether a proposal involves an
amendment or revision
4) Steps in the amendatory process
i) Proposal
ii) Who may propose amendments?
a) Three theories on the relative position of the constitutional
convention vis--vis the other departments of government
iii) Three systems of initiative
iv) Form and substance of initiative on the Constitution: Requisites
and its rationale
v) Ratification
ii) Doctrine of Proper Submission
iii) Submission of proposal on piecemeal basis
iv) Submission of proposal on the same day as regular elections
Art. XVII of the 1987 Constitution

RA 6735
Lambino v. Comelec, 505 SCRA 160 [2006]
Santiago v. Comelec, G.R. No. 127325, March 19, 1997
Occena v. Comelec
Gonzales v. Comelec
Almario v. Alba
Tolentino v. Comelec
4. The Concept of State with particular emphasis on the Philippines as a

state
a. Definition and distinctions

1) State
2) Nation
b. Elements
1) People
i) Requirement as to number of people
ii) Requirement as to sexes
2) Territory
i) Definition
ii) Requirement as to size of territory
iii) National Territory
a) Definition under 1935, 1973, and 1987 Constitutions
b) Components and their extent
c) Archipelago doctrine
d) Philippine archipelagic baselines
e) The Concept of Regime of Islands
Required readings:
Philippine Baseline Law (R.A. 9522)

Magallona v. Ermita, 655 SCRA 476 (2011)
Philippines v. China, 2016
3) Government
i) Definition and distinctions
a) Government of the Philippines
b) Administration
ii) Functions
a) Kinds
b) Examples
c) Doctrine of Parens Patriae
Page 8 of 23
Correlate with Section 13, Article II, 1987 Constitution
iii) Kinds of government as to legitimacy
a) De Jure and De Facto Governments

b) Kinds of De Facto government
Required readings:
Lawyers League for a Better Philippines v. Corazon

Aquino, G.R. No. 73748, May 22, 1986
Estrada v. Arroyo, G.R. No. 146738, Mar. 2, 2001
Estrada vs. Desierto, G.R. Nos. 146710-15, Mar. 2, 2001
Republic v. Sandiganbayan, G.R. No. 104768, July 21,
2003
Recommended reading:
Co Kim Cham v. Valdez Tan Keh, 75 Phil. 113 (1945)
4) Sovereignty
i) Definition
ii) Kinds
iii) Essential characteristics
iv) Change of sovereignty
a) Causes
b) Effects
c) Correlate with change of government
v) Act of State
5. Citizenship
a. Definition
b. Usual modes of acquiring citizenship
c. Modes applied in the Philippines
1) Before the adoption of the 1935 Constitution

2) After the adoption of the 1935 Constitution
d. Who are Filipino citizens under the 1987 Constitution?
1) Those who are citizens of the Philippines at the time of the adoption
of this Constitution;
(i) Citizens under the 1935 Constitution:

En masse Filipinization
Caram Provision
Roa doctrine
(ii) Citizens under the 1973 Constitution
Required readings:
Maria Jeanette Tecson v. Comelec, G.R. No. 161434, March 3, 2004.

Chiongbian vs. de Leon
2) Those whose fathers or mothers are citizens of the Philippines
Page 9 of 23
3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
(i) Procedure of election

(ii) When election be made
(iii) Manifestations of Election
Doctrine of Implied Election
(iv) Nature of the right to elect Philippine citizenship
(v) Loss of Philippine citizenship by reason of marriage to an alien
and the availability of the right to elect Philippine citizenship to a
legitimate child born to that marriage
(vi) Requirement of electing Philippine citizenship vis--vis
illegitimate children
Sec. 1, CA 625
Cuenco v. Sec. of Justice
In Re: Florencio Mallari
Re: Application for Admission to the Philippine Bar, Vicente D. Ching,
Bar Matter No. 914, Oct. 1, 1999, En Banc
Cu v. Republic
Opinion, Sec. of Justice, s. 1948
Villahermosa v. Commissioner of Immigration
Republic v. Chule Lim
Serra v. Republic
4) Those who are naturalized in accordance with law
(i) Doctrine of Indelible Allegiance

(ii) Naturalization and denaturalization
(iii) Three ways by which an alien may become a citizen of the
Philippines by naturalization
Required readings:
RA 9139 [Administrative Naturalization Law of 2000]

Edison So v. Republic
e. Citizenship of foundlings
Grace Poe case (Poe-Llamanzares v. Comelec)
f. Who are natural-born citizens and what are the two types of natural-
born citizens?
g. Kinds of Filipino citizenship
h. Dual citizenship and dual allegiance
1) Distinctions
Mercado v. Manzano, 307 SCRA 630, May 26, 1999, En Banc

Eusebio Eugenio Lopez v. Comelec (2008) reiterated in Jacot vs. Dal and Comelec
(2008)
Macquiling v. Comelec
i. Question of citizenship
Co v. HRET
j. Citizenship and Res Judicata
Page 10 of 23
Board of Commissioners, CID v. de la Rosa, 197 SCRA 853
k. Loss and re-acquisition of Philippine citizenship
1) Causes of loss of Philippine citizenship

2) Ways of reacquisition of Philippine citizenship
3) Distinctions between naturalization and repatriation
C.A. 63
RA 9225
RA 8171
Labo v. Comelec
Willie Yu v. Defensor-Santiago
Valles v. Comelec
Bengzon III v. HRET
Frivaldo v. Comelec
6. The Doctrine of State Immunity
a. The Royal Prerogative of Dishonesty

b. Basis
c. Applicability to foreign governments
d. How waived
1) Examples
2) The Restrictive Doctrine of State Immunity
Republic v. Villasor, 54 SCRA 84

Tiotico v. City of Manila
Republic v. Purisima, 78 SCRA 470
Froilan v. Pan Oriental Shipping Co., G.R. No. L-6060, Sept. 30, 1950
Lim v. Brownell, 107 Phil. 345
US v. Ruiz, 136 SCRA 487
US v. Rodrigo, consolidated decision with US vs. Guinto, 182 SCRA 644
Indonesia v. Vinzon, 2003
Development in this area:
Most Rev. Pedro D. Arigo, et. al. vs. Scott Swift in his capacity as
Commander of the of the US 7th Fleet, Mark A. Rice in his capacity as
Commanding Officer of the USS Guardian, Pres. Benigno S. Aquino III
in his capacity as Commander-in-Chief of the AFP, et. al, G.R. No.
206510, Sept. 16, 2014.
e. Suits against Government Agencies
f. Suits against public officials
Lansang v. CA
Republic vs. Sandoval
g. Suability vs. liability
1) Meaning of suability and liability

2) Garnishment of government funds to satisfy the judgment against the
state
3) Extent of the waiver
4) Remedies if government fails to satisfy judgment
Page 11 of 23
Municipality of San Fernando, La Union v. Judge Fermi
Torio v. Fontanilla, 85 SCRA 599
Municipality of Makati v. IAC
Amigable v. Cuenca, 43 SCRA 360
Ministerio v. City of Cebu, 40 SCRA 464
7. Fundamental principles and state policies, Article II, 1987 Constitution
a) Function of the Declaration of Principles and State Policies

b) Self-executing and non-self-executing provisions
Manila Prince Hotel Corporation v. GSIS, 267 SCRA 408 [1997]

Tanada v. Angara, G. R. No. 118295 [1997]
Pamatong v. Comelec, 2004
Oposa v. Factoran, 224 SCRA 792 [1993]
Principles
1) Republicanism and Democracy
a) Meaning
b) Purpose
c) Features
d) Rule of Majority
e) Manifestations of Republicanism
f) Form of government:
i. Presidential and Parliamentary
a. Characteristics of each
b. Distinctions
ii. Federalism
a. Advantages and disadvantages
iii. Constitutionalism authoritarianism

a. Meaning
b. Question of its compatibility with the concept of republicanism
g) The right to revolt
2) Section 2, Article II
a) Renunciation of war as an instrument of national policy
b) Incorporation clause vs. transformation clause
(Note: This will be tackled exhaustively in Public International Law)
i. Examples
ii. Two ways by which international law can become part of the
sphere of domestic law
c) Adherence to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations
Required readings:
Kuroda v. Jalandoni, 83 Phil. 171 (1949)

Pharmaceutical and Health Care Assn of the Phils. v. Duque
Agustin v. Edu, 88 SCRA 195, 213 (1979)
3) Supremacy of Civilian Authority, Section 3, Article II

a) How institutionalized
b) Manifestations of this principle
Page 12 of 23
Read: IBP v. Zamora, 338 SCRA 81 [2000]
4) Defense of the State, Section 4, Article II
a) Maintenance of peace and order

b) Protection of life, liberty, and property
c) Promotion of general welfare
6) Separation of Church and State, Section 6, Article II

1) Meaning of inviolability of Church and State
2) Rationale
James Imbong, et. al. v. Hon. Paquito Ochoa, G. R. No. 204819, April 8,
2014 (consolidated decision on the RH Law)
State Policies
7) Independent foreign policy
a. Paramount considerations:
1. National sovereignty
2. Territorial integrity
3. National interest
4. Right to self-determination
8) Nuclear weapons-free policy

a. Exception
Recall: Magallona v. Ermita, 655 SCRA 476 (2011)
10) Promotion of social justice
a. Definition of social justice in Calalang v. Williams

b. Correlate with Article XIII of the 1987 Constitution

a. Dignity of human person
b. Full respect for human rights
12) Sanctity of family life, Protection of the life of the mother and the life of
the unborn from conception
a. Framers intent in protecting the life of the unborn

b. Reason why the protection given to the life of the unborn is from the
time of conception
Read: James Imbong, et. al. v. Hon. Paquito Ochoa, G. R. No. 204819, April
8, 2014 (consolidated decision on the RH Law)
The Responsible Parenthood and Reproductive Health Act of 2012 (R.A.

10354)

a. Rights of parents over children
b. State intervention, when justified.
c. Recall: Doctrine of Parens Patriae
Page 13 of 23
a. State recognition of the role of women in nation-building
b. Ensure fundamental equality before the law of women and men

a. Protection and promotion of the right to health of the people
b. Instilling health consciousness among the people
Correlate with: Section 11, Article 13, 1987 Constitution
16) Right to a balanced and healthful ecology

[Sec. 16, Art. II]
a. Doctrine of intergenerational responsibility
Required reading: Oposa v. Factoran, Jr., 224 SCRA 792 [1993]
Recommended reading:
Laguna Lake Development Authority v. Court of Appeals, G.R. No.

120865-71, December 7, 1995
MMDA v. Residents of Manila Bay, G.R. No. 171947-48, December 18,
2008.
b. Section 17, Article II
c. Section 18, Article II, Labor
d. Section 19, Article II
e. Section 20, Article II
f. Section 21, Article II
g. Indigenous Cultural Communities

Correlate with Section 5, Article XII
1) Indigenous Peoples Rights Act (R.A. No. 8371).
2) "ancestral domains" and "ancestral lands."
3) How may ICCs/IPs acquire rights to their ancestral domains and
ancestral lands?
Required readings:
Cruz v. Secretary, G.R. No. 135385, December 6, 2000.

Carino v. Insular Government, 212 US 449
h. Section 23, Article II
i. Section 24, Article II
j. Section 25, Article II

Correlate with: Article X, 1987 Constitution
k. Section 26, Article II
Required reading: Pamatong v. Comelec, G.R. No. 161872, April 13,

2004.
l. Section 27, Article II
m. Section 28, Article II
Page 14 of 23
8. PRINCIPLE OF SEPARATION OF POWERS
a. Concept
b. Purpose
c. Justiciable and the Political Questions

1) Classic definition of Political Question in Tanada vs. Cuenco, 101 Phil.
1101
2) 2 types of political question
(i) Examples of each
3) Effect of expanded judicial power
d. Principle of Blending of Powers

1) Concept
2) Examples
e. Principle of Checks and Balances
Read: PDAF CASE
G.R. No. 208566 November 19, 2013

GRECO ANTONIOUS BEDA B. BELGICA JOSE M. VILLEGAS JR. JOSE L.
GONZALEZ REUBEN M. ABANTE and QUINTIN PAREDES SAN DIEGO, Petitioners,
v.
HONORABLE EXECUTIVE SECRETARY PAQUITO N. OCHOA JR. SECRETARY
OF BUDGET AND MANAGEMENT FLORENCIO B. ABAD, NATIONAL TREASURER
ROSALIA V. DE LEON SENATE OF THE PHILIPPINES represented by FRANKLIN
M. DRILON m his capacity as SENATE PRESIDENT and HOUSE OF
REPRESENTATIVES represented by FELICIANO S. BELMONTE, JR. in his capacity
as SPEAKER OF THE HOUSE, Respondents
Vinuya, et. al. v. Executive Secretary, G.R. No. 162230, April 28, 2010.
Marcos v. Manglapus, G.R. No. 88211, September 15, 1989
9. Delegation of powers
a. Concept
b. Instances of Permissible Delegation
c. Examples of invalid delegation
d. Tests for valid delegation
Recommended readings:
Belgica v. Hon. Exec. Sec. Ochoa, supra.

Ynot v. Intermediate Appellate Court, 148 SCRA 659
10. LEGISLATIVE DEPARTMENT
a. Who may exercise legislative power
i. Congress
ii. Regional/Local legislative power
iii. Peoples initiative on statutes
1) Initiative and referendum
iv. The President under a martial law rule or in a revolutionary
government
Read: May 2017 Martial Law Cases
b. Houses of Congress
Page 15 of 23
i. Senate
1) Composition
2) Manner of election
3) Qualifications of a Senator
4) Term of office
5) Term limit
6) Vacancy
7) Salary
ii. House of Representatives

1) Composition
2) Manner of election
3) Qualifications of a Member of HOR
4) Term of office
5) Term limit
6) Vacancy
7) Salary
8) District representatives and questions of apportionment
a) Ways by which the membership of HOR can be increased
b) Gerrymandering
9) Party-list system
a) Philosophy of the party-list system
b) Nature
c) Guidelines for screening Party-List Participants.
d) INVIOLABLE PARAMETERS TO DETERMINE THE WINNERS in a
Philippine-style party-list election
Required readings:
Sema vs. Comelec

ATONG PAGLAUM, INC represented by its President, Mr. Alan Igot v.
Comelec, G.R. No. 203766, April 2, 2013 [Consolidated decision on
54 petitions] (Justice Carpio)
Veterans Federation Party v. COMELEC, G.R. No. 136781 and Companion
Cases, Oct. 6, 2000, En Banc
BANAT v. Comelec
Ang Bagong Bayani (later case), June 2003.
c. Legislative privileges
8) Privilege from arrest

9) Privilege of speech and of debate
(i) Purpose of each
Required readings:
People v. Jalosjos
Sen. Trillanes IV v. Judge Oscar Pimentel
Osmena v. Pendatun, 109 Phil. 863
Pobre v. Santiago, A.C. No. 7399, August 25, 2009
d. Disqualifications of members of Congress
1) Incompatible Office
i) Meaning
ii) Purpose of prohibition
iii) Exceptions
2) Forbidden Office
i) Meaning
ii) Purpose of prohibition
Page 16 of 23
Read: Adaza v. Pacana, 135 SCRA 431
3) Appearance as counsel
4) Financial interest
e. Sessions of Congress
1) Meaning of in session
2) Kinds of sessions
3) Joint sessions
i) Voting separately: Instances
ii) Voting jointly: Instances
f. Quorum and voting majorities

1) Meaning of quorum
2) Kinds of majorities
Required readings:
Avelino v. Cuenco, 83 Phil. 17

Arroyo v. De Venecia, 277 SCRA 268, Aug. 14, 1997
g. Discipline of members
1) Disorderly behavior
2) Requisites for suspension or expulsion
3) Soft impeachment
Bodies attached to Congress
Electoral tribunals and the Commission on Appointments
a. Composition
b. Nature
c. Comparison
d. Powers
Required readings:
Regina Ongsiako Reyes v. Comelec, 2013

Bondoc v. Pineda, 201 SCRA 792
Tanada v. Cuenco, 100 Phil. 1101
Imelda Romualdez Marcos v. Comelec
Guerrero v. Comelec
POWERS OF CONGRESS
a. Classification of powers of Congress in general

1) Legislative
i) Legislative inquiries and the oversight functions
ii) Bicameral conference committee
iii) Limitations on legislative power
a) Limitations on revenue, appropriations and tariff measures
b) Presidential veto and Congressional override
2) Non-legislative
i) Informing function
ii) Power of impeachment
iii) Other non-legislative powers
b. Process of law-making
1) Origin of bills
2) One subject one title rule
Page 17 of 23
i) Objectives of the rule
ii) Rider
3) Three readings on separate days rule
i) Enrolled bill doctrine
ii) Matters which are required to be entered in the journal
iii) Enrolled bill vs. Journal
4) The rule on presentment of bills or bill presentment
i) Options available to the President which are also the three
methods by which a bill may become a law
5) Veto power of the President

i) Kinds of veto
ii) Doctrine of Inappropriate Provision
Required readings:
James Imbong, et. al. v. Hon. Paquito Ochoa, G. R. No. 204819, April 8,
2014 (consolidated decision on the RH Law)
Tolentino v. Sec. of Finance, 235 SCRA 630
Agripino A. De Guzman, Jr., et al. v. COMELEC, G.R. No. 129118, July 19, 2000,
en Banc
Arroyo v. De Venecia, 277 SCRA 268, Aug. 14, 1997
Bengzon v. Drilon, 208 SCRA 133
Gonzales v. Macaraig
c. Principle of Bicameralism
1) Bicameral Conference Committee
2) Nature of function
Required readings:
Belgica v. Executive Secretary Ochoa, supra.

Philippine Judges Assn v. Secretary Prado, 227 SCRA 203
Tolentino v. Secretary of Finance, 235 SCRA 630
(1) The Power of Appropriation

a) Meaning of appropriation law and its classification
b) Automatic reappropriation
c) Congress power to abolish the PDAF
d) Executive impoundment in relation to appropriation
e) Prohibition against transfer of appropriations
f) Doctrine of augmentation
g) Discretionary funds
Required readings:
Maria Carolina P. Araullo, et. al. v. Benigno Simeon Aquino III, G.R. No.
209287, July 1, 2014
Philconsa v. Enriquez, 1994
(2) Congressional oversight powers and functions

a) Definition and explanation
b) Three categories of congressional oversight powers and functions
1) Legislative scrutiny
i) Instances of oversight function of scrutiny
2) Legislative investigation
i) Limitations
ii) Legislative contempt
iii) Question Hour vs. Legislative Investigation
3) Legislative supervision
i) Legislative veto
Page 18 of 23
Macalintal v. COMELEC
Senate v. Ermita
Matibag v. Benipayo
Arnault v. Nazareno, 87 Phil. 29 [1950]
Bengzon v. Senate Blue Ribbon Committee, 203 SCRA 767
Standard Charter Bank v. Senate Committee on Banks
Neri v. Senate Committees,
ABAKADA Guro Party-list v. Secretary Purisima, August 2008
(3) Power of taxation

(4) War powers of Congress
(5) Power to act as Board of Canvassers in election of President [Sec. 4, Art.
VII]
(6) Power to call a special election for President and Vice President [Sec. 10,
Art. VII]
(7) Power to judge Presidents physical fitness to discharge the functions of
the Presidency [Sec. 11, Art. VII]
(8) Power to revoke or extend suspension of the privilege of the writ of
habeas corpus or declaration of martial law [Sec. 18, Art. VII]
(9) Power to concur in Presidential amnesties
(10) Concurrence of majority of all the members of Congress [Sec. 19,
Art. VII]
(11) Power to concur in treaties or international agreements
(12) Concurrence of at least 2/3 of all members of the Senate [Sec. 21,
Art. VII]
(13) Power to confirm certain appointments/nominations made by the
President
(14) Power of Impeachment [Sec. 2, Art. XI]
(15) Power relative to natural resources [Sec. 2, Art. XII]
(16) Power to propose to amendments to the Constitution [Secs. 1 and
2, Art. XVII]
13. EXECUTIVE DEPARTMENT
The President and the Vice President
a. Qualifications
b. Manner of election
c. Term of office
d. Term limit
e. The Presidential Election Tribunal
f. Oath or affirmation
g. Salaries
h. Rules of Succession
1) Permanent vacancy
2) Temporary vacancy
Estrada v. Desierto, G.R. Nos. 146710-15, March 2, 2001, en Banc [Puno]
i. Privileges, inhibitions and disqualifications
1) Presidential immunity
Estrada v. Desierto, G.R. Nos. 146710-15, Mar. 2, 2001, en Banc [Puno]
2) Executive privilege
i) Meaning
Senate v. Ermita
Neri v. Senate Committees
Page 19 of 23
3) Inhibitions and disqualifications:
i) Holding any other office or employment
ii) Practice of profession
iii) Participation in business
iv) Financial interest
v) Conflict of interest
j. Powers of the President
1) Executive and administrative powers in general

i) Extent of executive power
National Electrification Admin v. CA

Marcos v. Manglapus, G.R. No. 88211, September 15, 1989
2) Power of appointment
i) In general
ii) Classification of appointments
iii) Confirmation by the Commission on Appointments
i. Groups of officers who are to be appointed by the President
under Section 16, Article VII of the 1987 Constitution, and identify
those officers whose appointments shall require confirmation by the
Commission on Appointments
iv) Steps in the appointing process
v) Special constitutional limitations on the Presidents appointing
power
vi) Midnight appointments
Atty. Cheloy Velicaria-Garafil v. Office of the President, G. R. No.

203372, June 16, 2015, (Consolidated decision)
Arturo de Castro v. Judicial and Bar Council, March 17, 2010
Binamira v. Garrucho, 188 SCRA 154
Valencia v. Peralta, 8 SCRA 692
Matibag v. Benipayo,
Manalo v. Sistoza, 312 SCRA 239, Aug. 11, 1999, En Banc [Purisima])
Tarrosa v. Singson (232 SCRA 553),
Lacson v. Romero, 84 Phil. 740
Pimentel v. Ermita,
De Rama v. CA,
3) Power of removal
4) Power of control and supervision

i) Definition
ii) Doctrine of qualified political agency
iii) Executive departments and offices
iv) Power over Local government units
Required readings:
Biraogo v. PTC of 2010

Domingo v. Zamora,
Atty. Sylvia Banda, et.al v. Ermita, GR 1666620, April 20, 2010
MEWAP v. Romulo
DENR v. DENR Region XII Employees (2003)
City of Iligan v. Director of Lands
Lacson-Magallanes vs. Pano
Gascon vs. Arroyo, 178 SCRA 582
Gloria vs. CA, 2000
5) Military powers
Page 20 of 23
i) Three powers of the President in Section 18, Article VII
ii) Distinctions of the three
iii) Constitutional limitations on these powers
iv) Olaguer doctrine
v) Lansang doctrine
Fortun v. Arroyo (Martial Law in the Province of Maguindanao)

May 2017 Martial Law Cases
Integrated Bar of the Philippines v. Hon. Ronaldo B. Zamora, G.R. No.
141284, Aug. 15, 2000, En Banc [Kapunan])
David v. Arroyo, G.R. No. 171396, May 3, 2006
Montenegro v. Baker,
Lansang v. Garcia, 42 SCRA 448
Enrile v. Morales
Lacson v. Perez,
Sanlakas vs. Reyes
Aquino vs. Military Commission No. 2, 63 SCRA 546
Olaguer vs. Military Commission No. 34, 150 SCRA 144
6) Pardoning power
1) Nature and limitations
2) Doctrine of non-diminution or non-impairment of the Presidents
power of pardon by acts of Congress
3) Instances in which the President cannot grant pardon
4) Forms of executive clemency
5) Amnesty vs. pardon
Required readings:
Atty. Alicia Risos-Vidal, petitioner, Alfredo Lim, petitioner-

intervenor v. Comelec and Joseph Ejercito Estrada, G. R. No.
206666, January 21, 2015
People v. de Garcia
Echegaray v. Secretary of Justice, 301 SCRA 96, Jan. 19, 1999, En Banc
In Re: Wilfredo Sumulong Torres, 251 SCRA 709, Dec. 29, 1995
Espuelas v. Provincial Warden of Bohol
7) Diplomatic power
i) In general
ii) Treaty vs. international agreement
Read: Vinuya, et.als. v. Romulo, et. als., supra
8) Powers relative to appropriation measures

i) Budgetary power
Maria Carolina P. Araullo, et. al. v. Benigno Simeon Aquino III, G.R.
No. 209287, July 1, 2014
9) Borrowing power
10) Delegated powers
11) Veto powers
12) Residual powers
IMPEACHMENT of the President
14. JUDICIAL DEPARTMENT
a. The Supreme Court

1) Composition
2) Qualifications of Members of SC
3) Salaries of Members of SC
Page 21 of 23
4) Age limit
5) How shall the SC sit
i) Cases to be decided en banc
ii) Jurisdiction over cases under the Constitution
6) Vacancy in the SC
7) Powers of the SC
8) Expansion of SC appellate jurisdiction by Congress
b. Judicial power
c. Judicial review
1) Political question doctrine
2) Requisites of judicial review
3) Moot questions
4) Operative fact doctrine
5) Effects of declaration of unconstitutionality
Requisites of partial unconstitutionality
Required readings:
Conchita Carpio Morales, in her capacity as the Ombudsman v. Court of

Appeals and Jejomar Erwin S. Binay, Jr., G.R. Nos. 217126-27, November 10,
2015.
Metropolitan Manila Development Authority v. Concerned Residents of Manila
Bay, 643 SCRA 90 (2011)
Vargas v. Rilloraza
Sanlakas v. Executive Secretary
David v. Arroyo
People v. Vera
Matibag v. Benipayo
Araullo v. Aquino, DAP case
Echegaray v. Secretary of Justice
d. Judicial and Bar Council

1) Composition [Sec. 8(1), Article VIII]
2) Functions
3) Appointments to the Judiciary
Chavez v. JBC, 2013

Ferdinand Villanueva v. JBC, G.R. No. 211833, April 7, 2015
e. Safeguards of Judicial independence
15. CONSTITUTIONAL COMMISSIONS: CSC, COMELEC, COA
a. Constitutional safeguards to ensure independence of commissions

b. Powers and functions of each commission
c. Jurisdiction of each constitutional commission
d. Review of final orders, resolutions and decisions
1) Rendered in the exercise of quasi-judicial functions
2) Rendered in the exercise of administrative functions
REFERENCES:
The 1987 Constitution of the Philippines

Isagani A. Cruz, Philippine Political Law
Miriam Defensor-Santiago, Constitutional Law Annotated, Volume 1
Suarez, Political Law Reviewer
Nachura, Outline Reviewer in Political Law
Bernas, The 1987 Philippine Constitution: A Comprehensive Reviewer
Prof. Edwin Rey Sandoval, Compilation of Decided Cases in Political Law
Page 22 of 23
The professor reserves the right to amend or modify the foregoing course
outline as exigencies may warrant. The user-reader is reminded that a
systematic arrangement of ideas like the arrangement of topics and subtopics,
even lifted from other writers provided there is proper citation, is copyrightable.
Hence, in using this course syllabus including this course outline, proper
citation should also be made whenever necessary. This course outline is in no
way claimed as an authoritative piece of work on the subject. Comments and
suggestions will be highly appreciated.
Prepared by:
(Original signed)
Assistant Professor IV
Approved by:
(Original signed)
Atty. MACACUNA A. MOSLEM, Ph. D.
Former Dean
Page 23 of 23

Syllabus For Constitutional Law 1

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Syllabus For Constitutional Law 1

Hochgeladen von

Copyright:

Verfügbare Formate

MINDANAO STATE UNIVERSITY

COURSE SYLLABUS OF CONSTITUTIONAL LAW I

Atty. Norhabib Bin Suod S. Barodi, Sh. L.

No. of Units: 3 units

Semester taken: 1st Semester, 1st year

I. COURSE DESCRIPTION AND OBJECTIVE

Constitutional Law I (Law 102). A study of the structure and powers of

Constitutional Law I. A survey and evaluation of basic principles dealing

This course seeks to provide the students with a comprehensive study of

Comprehend the workings of a democratic and republican state and a

Specifically, the students are expected to learn and develop the

Skills in legal method and analysis particularly on:1

(Facts): identifying relevant facts and recognizing and assembling

(Theory): formulating and elaborating legal theories involving political

(Issues): identifying unresolved legal and factual issues;

(Authority): identifying controlling and applicable authority relating to

(Analysis): applying law to facts analyzing merits and predicting

(Evaluation): evaluating and critiquing theories and analysis;

(Synthesis): synthesizing complex law and facts into meaningful order;

(Diversify): employing multiple measures for evaluating legal problems.

In-depth learning of political law particularly on:2

(Understanding): knowing, recalling, and stating constitutional law

(Rights): identifying and advising as to political rights;

(Merits): evaluating the merits of constitutional claims.

The course objectives and the competencies expected of the students

This is an analysis of decided cases which are relevant to the

This is an analysis of contemporary legal issues and problems by

This is primarily an application of the Socratic Method of teaching

II. COURSE OUTLINE AND MATERIALS

(Attached as last part of this course syllabus)

III. COURSE REQUIREMENTS AND GRADING SYSTEM

1. Midterm Exam 4. Attendance

Midterm exam - 40%

*Subject to uniform grading system should one be prescribed by the College

Passing Score and Computation of Grade

Obtaining at least a total score of 150/200 [midterm + final exam scores]

Midterm exam - 55/100

Midterm exam - 90/100

Midterm exam - 50/100

Midterm exam - 90/100

IV. COURSE AND CLASSROOM POLICIES

Attendance will be checked every meeting. Being late for more

1. Give a final grade of 5.0 to the student even if he/she

2. Give DRP (officially dropped) if the student has officially

For an absence to be excused, the student must submit a medical

2. Cheating and other forms of intellectual dishonesty

a. Any student caught cheating during exams will be advised to stop

4. Exams must be taken as scheduled. If a student intends to take the

a. During oral recitations, all books and notes must be closed.

b. Pass is not an answer.

c. Silence is not an answer.

6. Observance of silence inside the classroom

a. Cellular phones must be turned off or kept on silent mode;

b. Talking/whispering between seatmates is strictly not allowed.

Atty. Norhabib Bin Suod S. Barodi, Sh. L.

1. The Concept of Academic Freedom

Required and recommended readings:

First Class Cadet Aldrin Jeff P. Cudia v. The Superintendent of the

e. State power to regulate educational institutions in connection with

f. Constitutional right to select a profession or course of study

Required and recommended readings:

g. Essential freedoms subsumed in academic freedom

Required and recommended readings: