Kalinga-Apayao State College

Institute of Laws
Course Outline for Constitutional Law Review
1st Semester, 2014-2015
Atty. May Frances S. Calsiyao

I. Introduction
A. Constitution: definition, nature, characteristics and purpose
B. Amendment of the Constitution (Art. XVII)
1. Amendment vs. revision
2. Proposal
a) By Congress as a constituent assembly
b) By Constitutional Convention
c) By the people through initiative
- Lambino v. Commission on Elections, GR 174153, 25 October 2006
3. Submission
4. Ratification (Art. XVIII, Sec. 27)
C. Self-executing and non-self-executing provisions
- Bureau of Fisheries and Aquatic Resources Employees Union v. Commission on
Audit, G.R. No. 169815, August 13, 2008
II. General Considerations
A. National Territory (Art. I)
1. Archipelagic doctrine
- Prof. Merlin M. Magallona v. Hon. Eduardo Ermita, G.R. No. 187167,
July 16, 2011
B. State Immunity (Art. XVI, Sec. 3)
1. National Government
2. Government Instrumentalities, agencies, GOCCs
3. Municipal Corporations
4. Kinds of Consent
a) Express
(1) Authority providing consent
(2) Money claims (Act 3083)
(3) Torts committed by special agents (R.A. 386, Article
2180)
b) Implied
(1) Government submits itself to court’s jurisdiction

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 (2) State files complaint
(3) Government entering into business contracts
(4) Government acquires properties from donation
(5) Inequitable for government to claim immunity
- Commissioner of Customs v. AGFHA Inc., GR 187425, 28 March
2011
(6) Estoppel
5. Suits against foreign states and international agencies
- Deutshe Gesellschaft v. Hon. Court of Appeals, G.R. No. 152318, April 16, 2009
6. Suits against Public Officers
- Department of Health v. Phil Pharma Wealth Inc., GR 182358, 20 February 2013
7. Suability vs. liability
- University of the Philippines v. Dizon, GR 171182, 23 August 2012
C. Principles (Art. II, Sec. 1-6)
1. Sovereignty of the people and Republicanism (Art. II, Se. 1, Art. V)
a) Direct and Indirect Democracy
b) Representation and Renovation
c) Accountability to the people
d) Rule of the majority
e) Rule of law
2. Adherence to International Law (Art. II, Sec. 2, 7 and 8)
a) Renunciation of war (Art. VI, Sec. 23 (1))
b) Adoption of international law
c) Adherence to policy of peace, freedom, amity
3. Supremacy of civilian authority [Art. Article II, Section 3, Article VII,
Section 18, Article XVI, Section 5(4), Article XVI, Section 5(2)]
4. Government as protector and people as defenders of the state (Art. II,
Sec. 4 and 5)
D. State policies (Art. II, Sec. 7-28)
1. Independent foreign policy and a nuclear-free Philippines (Article II,
Sections 7-8, Article XVIII, Sections 4 & 25)
2. Just and dynamic social order (Art. II, Sec. 10, 11, 14-18, 23)
3. Family as basic social institution (Art. II, Sec. 12)
4. Self-reliant and independent economic order (Art. II, Sec. 19-20)
5. Communication and information in nation-building (Art. II, Sec. 24)
6. Autonomy of local governments (Art. II, Sec. 25)

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 7. Recognition of rights of indigenous cultural communities (Sec. 22)
8. Honest Public Service and Full Public Disclosure (Sec. 27)
E. Separation of Powers
1. Checks and Balances
2. Blending of powers
F. Delegation of Powers
1. Permissible delegation
a) Tariff powers of the president
b) Emergency powers of the president
c) Delegation to the people
d) Delegation to local government units
e) Administrative bodies
2. Tests for valid delegation
a) Completeness test
b) Sufficient standard test
G. Forms of Government
III. Legislative Department (Art. VI)
A. Who may exercise legislative power
1. Congress
2. Regional/local legislative power
3. People’s initiative
4. President under martial law or in a revolutionary government
B. Congress: Composition, Qualifications, Election and Term of Office (Art. VI,
Sec. 2-7)
1. Senate (Art. VI, Sec. 2-4)
2. House of Representatives (Art. VI, Sec. 5-7)
- BANAT vs. COMELEC, GR No. 179271, April 21, 2009, July 8, 2009
- Renald F. Vilando v. House of Representatives Electoral Tribunal and Jocelyn
Limkaichong, G.R. No. 192147 & 192149, August 23, 2011
C. Organization and Sessions
1. Election of Officers
2. Quorum and voting majorities
3. Rules of Proceedings
4. Discipline of Members
5. Journal and Record
a) Journal Entry Rule

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 b) Enrolled Bill Theory
6. Sessions
D. Privileges, Inhibitions and Disqualifications
1. Freedom from arrest
2. Parliamentary immunity
3. Effect of imprisonment
4. Inhibitions Disqualifications
- Liban vs. Gordon, GR No. 175352, July 15, 2009
5. Conflict of Interest
6. Incompatible and forbidden offices
- Antero J. Pobre v. Sen. Miriam Defensor Santiago, A.C. No. 7399, August 25,
2009
E. Electoral Tribunals and the Commission on Appointments
1. Composition
2. Powers
3. Jurisdiction
- Drilon vs. De Venecia, GR No. 180055, July 31, 2009
F. Powers of Congress
1. Legislative
a) Legislative inquiries and oversight functions
- Senate vs. Ermita, GR No. 169777, April 20, 2006
- Neri vs. Senate, GR No. 180643, March 25, 2008
- Garcillano vs. House of Representatives, GR No. 170338, Dec. 23,
2008
b) Bicameral conference committee
c) Limitations on legislative power
(1) Substantive
(2) Procedural
d) Legislative process
(1) Revenue, appropriations and tariff measures
(2) Presidential veto and congressional override
(3) Effectivity of laws
2. Non-legislative powers
a) Informing function
b) Power of impeachment
c) Others

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 (1) Act as Board of Canvassers
(2) Call a special election for presidency
(3) Decide on disability of President
(4) Legislative veto or extension for suspension of writ of
habeas corpus or declaration of martial law
(5) Presidential amnesties
(6) Treaty ratification
(7) Declaration of state of war
(8) Delegation of emergency powers
(9) Amendment of constitution as constituent assembly
IV. Executive Department (Art. VII)
A. The President
1. Qualifications, election, term and oath
2. Privileges, immunity and salary
3. Succession
a) In case of vacancy at the beginning of term
b) In case of vacancy during term
c) In case of temporary disability
- Estrada vs. Arroyo, GR No. 146738, March 2, 2001
d) Removal
e) Prohibitions
(1) Exception: Vice President as member of cabinet
(2) Exception: Sec. of Justice as member of JBC
4. Powers and Functions of President
a) Executive power
- Biraogo v. The Philippine Truth Commission of 2010, G.R. No. 192935,
Dec. 7, 2010
b) Control and supervision
(1) Doctrine of qualified political agency
(2) Executive departments and offices
(3) Local government units and autonomous regions
c) Appointment powers
(1) In general
(2) Commission on Appointments confirmation
(3) Midnight appointments
- De Castro vs. JBC, GR No. 191002, March 17, 2010

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 (4) Power of removal
d) Executive Clemency
(1) Nature and limitations
(2) Forms of executive clemency
e) Military Powers
(1) Commander-in-chief clause
- David v. Macapagal-Arroyo, GR 171390, May 3, 2006
(2) Calling out power
(3) Declaration of state of rebellion
(4) Declaration of martial law
(5) Suspension of the privilege of the writ of habeas corpus
f) Diplomatic power
- Nicolas vs. Romulo, GR No. 175888, Feb. 11, 2009
g) Powers Relative to legislation
- Araullo, et. al. vs. Benigno Simeon Aquino III, G.R. No. 209287, July
1, 2014
- Greco Antonious Beda B. Belgica v. Hon. Executive Secretary Paquito N.
Ochoa, G.R. No. 208566, 19 November 2013
(1) To address Congress
(2) Preparation and submission of budget
(3) Veto power
(4) Emergency powers
h) Residual powers
i) Executive privilege
j) Immunity from suit
B. Vice President
1. Qualifications, election, term and oath
2. Privileges and salary
3. Prohibitions
4. Succession
V. Judicial Department (Art. VIII)
A. Concepts
1. Judicial power
2. Judicial review
a) Justification
- Angara vs. Electoral Commission, 63 Phil. 139

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 b) Requisites of Judicial Review
(1) Actual Case or controversy
(2) Standing
(a) Citizen standing
- Chavez vs. PEA and Amari, GR No. 133250, July 9,
2002
(b) Associational standing
- Executive Secretary vs. CA, 429 SCRA 781 (2004)
(c) Taxpayer’s standing
- ITF vs. COMELEC, GR No. 159139, Jan. 13,
2004
(d) Voter’s standing
- Tolentino vs. COMELEC, 420 SCRA 438 (2004)
(e) Legislative standing
- Ople vs. Torres, 293 SCRA 141 (1998)
(f) Governmental standing
- People vs. Vera, 65 Phil 56 (1937)
c) Mootness or Ripeness
- Fortun vs. Macapagal-Arroyo (2012)
d) Political question doctrine
e) Doctrine of Operative Fact
- Claudio S. Yap v. Thenamaris Ship’s Management and Intermare
Maritime Agencies, Inc., G.R. No. 179532, May 30, 2011
B. Safeguards of judicial independence
1. No non-judicial work for judges
C. Judicial Restraint
- Arceta vs. Mangrobang, GR No. 152895, June 15, 2004
D. Appointments to the Judiciary
1. Procedure
2. Judicial and Bar Council
- Chavez v. Judicial and Bar Council, et al., G.R. No. 202242, July 17, 2012
E. Supreme Court
1. Composition
2. Mode of Sitting (en banc and division)
3. Appointments and Qualifications
4. Salary, tenure and removal

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 5. Fiscal autonomy
6. Jurisdiction
a) Original
b) appellate
7. Deliberations and voting
8. Requirement as to decisions
9. Administrative powers
a) Supervision of lower courts
- In Re Letter of PJ Vasquez, AM No. 8-8-11-CA, Sep. 9, 2008
b) Order a change of venue of trial to avoid injustice
c) Appointment of officials and employees of entire judiciary
d) Procedural rule-making
e) Admission to practice of law
VI. Constitutional Commissions
A. Common Provisions
1. Constitutional Safeguards to ensure independence of Commissions
2. Prohibited Offices and Interests
3. Salary and Fiscal Autonomy
4. Rule-Making
5. Decisions
6. Review of Decisions, Final Orders and Resolutions
B. Civil Service Commission
1. Scope of the Civil Service - Article IX-B, Section 2(1)
2. Career and Non-Career Service
3. Appointment and designation of elective/ appointive officials - Article
IX-B, Section 7 Article VII, Section 13, Article VI, Section 13
4. Standardization of pay and ban on double compensation - Article IX-
B, Section 5, Section 8
5. Others
C. Commission on Elections
1. Commissioners: composition, qualification, and term of office
2. En Banc and Division cases
3. Powers and Functions
4. Exclusive Original Jurisdiction and Appellate Jurisdiction
D. Commission on Audit
1. Commissioners: composition, qualification, and term of office

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 2. Powers and Functions
VII. Accountability of Public Officers
A. Impeachment
1. Impeachable Officers
2. Grounds for Impeachment
3. Procedure for Impeachment
4. Impeachment and Criminal Prosecution
- Corona v. Senate of the Philippines sitting as an Impeachment Court, et al., G.R.
No. 200242, July 17, 2012
- Merceditas N. Gutierrez v. The House of Representatives Committee on Justice, et
al. G.R. No. 193459, February 15, 2011
B. Office of the Ombudsman
1. Powers and functions
- Gemma P. Cabalit vs. COA-Region VII/Filadelfo S. Apit vs. COA, Legal and
adjuciation, Region VII/Leonardo G. Olaivar, etc. vs. Hon. Primo C. Miro, etc.,
et al., G.R. Nos. 180326/180341/180342, January 17, 2012
- Emilio A. Gonzales III v. Office of the President, etc., et al., G.R. No.
196231/G.R. No. 196232, January 28, 2014
VIII. Bill of Rights
A. Fundamental Powers of the State
1. Eminent Domain
a) Concept
b) Requisites for Valid Exercise
(1) Private property
(2) Genuine necessity for taking
(3) Taking for public use
- National Power Corporation vs. Sps. Florimon V. Lleto, et al.,
G.R. Nos. 169957 & 171558, July 11, 2012
(4) Just compensation
- Land Bank of the Philippines v. Yatco Agricultural Enterprises,
G.R. No. 172551, January 15, 2014
(5) Due process
c) Limitations
2. Police Power
a) Definition, scope and basis
b) Tests for validity

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 c) Limitations
d) Purposes
(1) Public health
- Del Rosario vs. Bengzon, GR 88265, 21 December 1989
(2) Public Safety
- Mirasol vs. Department of Public Works and Highways, GR
158793, 8 June 2006
(3) Public welfare
- Tano v. Socrates, GR 110249, 21 August 1997
(4) Public morals
- City of Manila v. Judge Laguio, GR 118127, 12 April 2005
3. Power of Taxation
a) Definition and classification
b) Limitations
c) Tax Exemptions
(1) Nature of use – actually, directly and exclusively
(2) Institutions
(a) Religious
(b) Charitable
(c) Educational
(d) Combination
d) Cases:
- Commissioner of Internal Revenue v. S.C. Johnson & Sons, 309 SCRA
87
- Abra Valley College Inc. vs. Aquino, GR L-39086, 15 June 1988
B. Bill of Rights Proper
1. Due Process
a) Definition, nature, scope, purpose
b) Substantive Due Process
(1) Void For vagueness doctrine
(2) Overbreadth doctrine
- Ong vs. Sandiganbayan, GR 126858, 16 September 2005
c) Procedural Due Process
(1) Essence
(2) Publication Requirement

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 - Garcillano vs. House of Representatives Committes on Public
Information, GR 170338, 23 December 2008
(3) Requirements
- In RE Petition for Radio and Television Coverage of the Multiple
Murder Cases against Maguindanao Governor Zaldy Ampatuan,
AM 10-11-5-SC, 14 June 2011
- Budiongan vs. de la Cruz, GR 170288, 22 September 2006
- Marohombsar v. Judge Adiong, A.M. RTJ-02-1674, January
22, 2004
d) Constitutional and statutory due process
2. Equal Protection
a) Concept, nature and scope
b) Requisites of valid classification
- Gallardo vs. People of the Philippines, GR 142030, 21 April 2005
- Beltran vs. Secretary of Health, GR 133640, 25 November 2005
c) Standards of judicial review
(1) Rational basis test
(2) Strict scrutiny test
(3) Intermediate scrutiny test
3. Freedom of Expression
a) Protected Speech
(1) Prior restraint
(2) Subsequent punishment
b) Tests
(1) Dangerous tendency
(2) Clear and Present Danger Test
(3) Balancing of interests
(4) O’Brien Test (United States v. O’Brien, 391 U.S. 367)
c) Unprotected Speech
(1) Libel
- Philippine Journalists Inc. [People's Journal] vs. Thoenen, GR
143372, 13 December 2005
(2) Obscenity
- MTRCB vs. ABS-CBN Broadcasting Corporation, GR
155282, 17 January 2005
d) Commercial Speech

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 e) Content-based vs. Content Neutral regulations
f) Heckler’s Veto
4. Freedom of Assembly and Association
- Bayan v. Ermita, GR 169848, 25 April 2006
- Ang Ladlad LGBT vs. Commission on Elections, GR 190582, 8 April 2010
5. Freedom of Religion
a) Non-establishment clause
- Ebralinag vs. Division Superintendent of School of Cebu, GR 95770, 29
December 1995
b) Free exercise clause
- Estrada vs. Escritor, AM P-02-1651, 22 June 2006
c) Tests
(1) Clear and Present Danger test
(2) Compelling state interest test
(3) Conscientious Objector test
6. Privacy of Communications and correspondence
a) Private and public communications
b) Intrusion, when allowed
c) Writ of Habeas Data
- Gamboa v. P/Ssupt. Marlou C. Chan, et al., G.R. No. 193636, July
24, 2012
7. Non-impairment of obligations and contracts
a) Nature, purpose and limitations
b) Retroactive effect of legislation pursuant to police power against
existing contracts
- Ortigas & Co. Ltd. vs. Court of Appeals, GR 126102, 4 December
2000
c) Determination of impairment
- Tiro vs. Hostanosas, GR L-32312, 25 November 1983
8. Liberty of Abode and Freedom of Movement
a) Limitations
b) Right to travel
- Marcos v. Manglapus, 177 SCRA 668
c) Watch-list and hold departure orders
9. Right to Information
a) Limitations

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b) Publication of laws and Regulations
c) Access to court records
d) Right to information relative to:
(1) Government contract negotiations
(2) Diplomatic negotiations
e) Case: Aquino-Sarmiento v. Morato, 203 SCRA 515

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