CONSTI LAW

1. Gen Principle
2. Phil Constitution
3. PH as a State
4. Fundamental Powers of the State
5. Principles and State Policies
6. Bill of Rights
7. Citizenship
8. Legislative Dept
9. Executive Dept
10. Judicial Dept
11. Con Coms
12. Local Govt
13. Accountability of Public Officers
14. Natl Economy and Patrimony
15. Social Justice and Human Rights
16. Education, Science and Tech, Arts, Culture and Sports
17. The Family
18. General Provisions
19. Transitory Provisions
1. Gen Principle
2. Phil Constitution
3. PH as a State
4. Fundamental Powers of the State
5. Principles and State Policies

Gen Principle

POLITICAL LAW… that branch of public law which deals with the organization and operations of the governmental orga
and defines the relations of the State with the inhabitants of its territory.

Scope of Poli:

Consti Law… the study of the maintenance of the proper balance between AUTHORITY as represented by the
inherent powers of the State and LIBERTY as guaranteed by the Bill of Rights.

Admin Law… fixes the organization of government, determines the competence of the admin authorities who
law, and indicates to the individual remedies for the violation of his rights.

Law on Municipal Corps

Law of Public Officers
Election Laws
 Sources: (1) 1987 Consti; (2) 1973 and 1935 Consti; (3) other organic laws made to apply to PH (Jones Law, Tyding
(4) Statutes, EO and decrees, and judicial decisions; and (5) US Consti

Phil Constitution

A. Nature of the Constituion

1. Definition
2. Purpose
3. Classification
4. Qualities of a good written Constitution
5. Essential parts of a good written Constitution
6. Interpretation/ Construction of the Constitution
7. Doctrine of Constitutional Supremacy

B. Brief Constitutional History

1. Malolos Consti
2. The American Regime and the Organic Acts
3. The 1935 Consti
4. The Japanese (Belligerent) Occupation
5. The 1973 Consti

C. The 1987 Constitution

1. Proclamation of the Freedom Constitution
2. Adoption of the 1987 Consti
3. Effectivity… Feb 2, 1987, the date of the plebescite when the people ratified the Constitution

D. Amendment
1. Amendment vs Revision
2. Constituent vs Legislative Power
3. Steps in the amendatory process… (a) Proposal; and (b) Ratification
4. Judicial Review of Amendments

E. The Power of Judicial Review

1. Judicial Review
2. Who may exercise the power
3. Functions of Judicial Review
4. Political questions, ordinarily outside the pale of judicial review
5. Requisites of Judicial Review
a. Actual case or controversy
b. Constitutional question must be raised by the proper party
c. Constitutional question must be raised at the earliest possible opportunity
d. Decision on the Constitutional question must be determinative of the case itself
6. Effects of declaration of Unconstitutionality
7. Operative Fact Doctrine
8. Partial Unconstitutionality
PH as a State

A. Definition of a State

B. Elements of a State
1. People
2. Territory
3. Government
4. sovereignty

C. State Immunity from Suit

1. Basis
2. Immunity is enjoyed by other States
3. Test to determine if suit is against the State
4. Suits against Govt Agencies
5. Suit against Public Officers
6. Need for consent
7. Scope of Consent
8. Suability not equated with outright liability

Fundamental Powers of the State

A. General Principles
1. Inherent Powers
2. Similarities
3. Distinctions
4. Limitations

B. Police Power
1. Definition
2. Scope / Characteristics
3. Who may exercise the power
4. Limitations (Test for Valid Exercise)
a. Lawful Subject
b. Lawful Means
5. Additional Limitations (when exercised by a delegate)

C. Power of Eminent Domain

1. Definition / Scope
2. Who may exercise the power
3. Requisites for exercise of the power
a. Necessity
b. Private property
c. Taking in the constitutional sense
d. Public use
e. Just compensation
f. Due process of law
 4. Writ of Possession
5. Plaintiff's right to dismiss the complaint in eminent domain
6. Right to repurchase or re-acquire the property
7. Expropriation under ART XII. Sec 18 (nationalization or state ownership of public utilities)
8. Expropriaiton under ART XIII. Section 4 (Agrarian & Natural Resources Reform) and Section 9 (Urban Land Refor

D. Power of Taxation
1. Definition, nature and scope of power
2. Who may exercise
3. Limitations on th exercise
4. Double taxation
5. Tax exemptions
6. Police Power vs Taxation
7. Supremacy of the national govt ovel local governments in matters of taxation

Principles and State Policies

A. Preamble
B. Republicanism
C. The Incorporation Clause
D. Civilian Supremacy
E. Duty of Govt; people to defend State
F. Separation of Church and State
G. Independent foreign policy and nuclear-free PH
H. Just and dynamis social order
I. Promotion of social justice
J. Respect for human dignity and human rights
K. Family and youth
L. Fundamental equality of men and women
M. Promotion of health and ecology
N. Priority to education, science, technology, etc
O. Protection to labor
P. Self reliant and independent economic order
Q. Land Reform
R. Indigenous and cultural communities
S. Independent People's organizations
T. Communication and information in nation-building
U. Autonomy of Local Governments
V. Equal access of opportunities for public service
W. Honest public service and full public disclosure

Bill of Rights
A. In General

B. Due Process of Law

1. Origin
 2. Definition
3. Who are protected
4. Meaning of life, liberty and property
5. Aspects of due process… (a) Substantive; and (b) Procedural
6. Publication as part of due process
7. Appeal and due process
8. Preliminary investigation and due process
9. Administrative due process

C. Equal Protection of the Laws

1. Meaning
2. Scope of Equality(Economic, Political, Social)
3. Valid Classification
a. Substantial disctinction which make for real differences
b. Germane to the purpose of the law
c. Not limited to existing conditions only
d. Must apply equally to all members of the same class

D. Search and Seizure

1. Basis / Scope of the protection
2. Some Procedural Rules
3. Only a judge may validly issue a warrant
4. Requisites of a valid warrant
a. Probable Cause
b. Determination of probable cause personally by the judge
c. After examination, under oath or affirmation, of the complainant and the witnesses he may produce
d. Particularity of description
5. Properties subject to seizure
6. Conduct of the search

7. Warrantless arrest
a. When the person to be arrested has committed, is actually committing, or is attempting to commit an offen
his presence.
b. When an offense had just been committed and there is probable cause to believe, based on his personal kn
facts or of other circumstances, that the person to be arrested has committed the offense.
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where
final judgment or temporarily confined while his case is pending, or has escaped while being transferred
confinement to another.
d. When the right is voluntarily waived.

8. Warrantless Searches
a. When the right is voluntarily waived
b. When there is a valid reason to "stop and frisk"
c. Where the search (and seizure) is an incident to a lawful arrest
d. Search of vessel and aircraft

9. Exclusionary Rule (inadmissible evidence)

E. Privacy of Communications and Correspondence

F. Freedom of Expression
1. Scope
2. Aspects
a. Freedom from censorship or prior restraint
b. Freedom from subsequent punishment
i. libel
ii. Obscenity
iii. Criticism of official conduct
iv. Right of students to free speech in school premises not absolute
v. Ang Ladlad LGBT Party vs. Comelec
3. Tests of Valid Governmental Interference
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
c. Balancing of Interests Test

4. Assembly and Petition

G. Freedom of Religion
1. Two (2) guarantees in Art3 Sec 5… "Non-establishment Clause" and Freedom of Religious Profession and Worsh
2. Non-establishment clause
3. Free Exercise Clause
4. RH Law Controversy

H. Liberty of Abode and Travel

I. Right to Information
J. Right to Form Associations

K. Non-impairment Clause
1. Concept
2. Limitations
3. Franchise, privileges, licenses, etc

L. Free Access to Courts

M. Miranda Doctrine
1. Source… Miranda vs. Arizona 384 US 436
2. Rights are available only during custodial investigation
3. What rights are available
a. To remain silent
b. To competent and independent counsel
c. To be informed of such rights
d. Rights cannot be waived except in writing and signed by the person in the presence of his counsel
e. No torture, force, etc., which vitiates free will shall be used
f. Secret detention places, etc, are prohibited
g. Confessions / admissions obtained in violation of rights are inadmissible as evidence
 People vs. Judge Ayson….

4. Applicability

5. Waiver
a. Must be in writing and made in the presence of counsel
b. No retroactive effect
c. Burden of Proof
d. What may be waived?

6. Guidelines for Arresting / Investigating Officers (People vs Mahinay, Feb 1, 1999)

7. Exclusionary Rule
a. Confessions
b. Fruit of the Poisonous Tree
c. Receipt of seized property, inadmissible
d. Re-enactment of the crime
e. Res Gestae
f. Waiver of the exclusionary rule

N. Right to Bail
1. Concept
2. When right may be invoked; and by whom
3. Exceptions
a. When charged with offense punishable by reclusion perpetua (or higher) AND evidence of guilt is strong
b. Traditionally, not available to the military
4. Duty of the court when accused is charged with an offense punishable by RP or higher
5. Bail is either… (1) matter or right or (2) discretionary… When shall bail be denied
6. Standards for fixing bail
7. Right to bail and right to travel abroad
8. Right to bail and extradition

O. Constitutional Rights of the Accused

1. Criminal due process
2. Presumption of innocence
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accuasation against him
5. Right to speedy, impartial and public trial
6. Right to meet witnesses face to face
7. Right to compulsory processes
8. Trial in absentia

P. Habeas Corpus
1. Definition
2. When available
3. Procedure
4. Grounds for suspension; duration; conressional authority; SC power of review; application of suspension; effect
 5. Suspension of privilege does not suspend right to bail

Q. Speedy disposition of cases

R. Self Incrimination
S. Non-detention by reason of political beliefs or aspirations
T. Involuntary Servitude
U. Prohibited punishments
V. Non-imprisonment for debts

W. Double Jeopardy
1. Requisites
a. Valid complaint or information
b. Filed before a competent court
c. To which the defendant had pleaded
d. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without h
2. Crimes covered
3. Act is punishable under a law and an ordinance
4. Doctrine of Supervening Event

X. Ex post facto law and Bill of Attainder

of the governmental organs of the state

ITY as represented by the three (3)

he admin authorities who execute the

to PH (Jones Law, Tydings-McDuffie Law);
ction 9 (Urban Land Reform & Housing)
es he may produce

mpting to commit an offense in

, based on his personal knowledge of

blishment or place where he is serving

d while being transferred from one
ous Profession and Worship

ce of his counsel
dence of guilt is strong

tion of suspension; effect of martial law

wise terminated without his consent