Constitutional Law 1 Assignment

[For July 09 & 12, 2019]

for July 9, 2019

(a) Read: sec. 1-13, Article VII, 1987 Constitution (pages 820-868, Bernas 2009 ed.)
(b) Read: Constitutional Law 1 Syllabus [pages 100-122]
(c) Selected Cases for Digest: [due on July 12, 2019]
 Which court or tribunal has jurisdiction over challenges on qualification of candidates for
President and Vice-President: the Comelec or the Presidential Electoral Tribunal?
Grace Poe vs. Comelec, GR. No. 221697, 221698-700, March 8, 2016
 Did the designation of Agra as the Acting Secretary of Justice, concurrently with his
position of Acting Solicitor General, violate the constitutional prohibition against dual or
multiple offices for the Members of the Cabinet and their deputies and assistants?
Funa vs. Agra, G.R. No. 191644, Feb. 19, 2013
 Can the President be named respondent in this sui generis proceedings challenging his
declaration of martial law?
Lagman vs. Pimentel, G.R. No. 235935, Feb. 6, 2018
 Can the President be named respondent for issuing Proclamation Proclamation No. 475
declaring a state of calamity in Boracay and ordering its closure for six months?
Zabal vs. Duterte, G.R. No. 238467, February 12, 2019

2 0 1 7 B A R Command responsibility pertains to the responsibility of commanders for crimes

committed by subordinate members of the armed forces or other persons subject to their control
in international wars or domestic conflicts. The doctrine has now found application in civil
actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo.
(a) What are the elements to be established in order to hold the superior or commander liable
under the doctrine of command responsibility?
(b) May the doctrine of command responsibility apply to the President for the abuses of the
armed forces (AFP and PNP) given his unique role as the commander-in-chief of all the armed
forces? Explain your answer.

2 0 1 8 B A R Agnes was allegedly picked up by a group of military men headed by Gen.

Altamirano, and was brought to several military camps where she was interrogated, beaten,
mauled, tortured, and threatened with death if she would not confess her membership in the New
People's Army (NPA) and point to the location of NPA camps. She suffered for several days until
she was released after she signed a document saying that she was a surenderee, and was not
abducted or harmed by the military. After she was released, and alleging that her rights to life,
liberty and security had been violated and continued to be threatened by violation of such rights,
she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data
with prayers for Temporary Protection Orders, Inspection of Place, and Production of Documents
and Personal Properties. The case was filed against President Amoyo (who was the President of
the Philippines when the abduction, beating, mauling and life threats were committed), General
Altamirano, and several military men whom Agnes was able to recognize during her ordeal. The
Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas
data and directed the respondents to file a verified return on the writs, and directed the Court of
Appeals (CA) to hear the petition. The respondents duly filed their return on the writs and
produced the documents in their possession. After hearing, the CA ruled that there was no more
need to issue the temporary protection orders since the writ of amparo had already been issued,
and dismissed the petition against President Amoyo on the ground that he was immune from suit
during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal was
lodged after President Amoyo's term had ended. Will the President's immunity from suit continue
even after his term has ended, considering that the events covered by the Petition took place
during his term? Explain.

d) Prepare for a short quiz.

for July 12, 2019

(a) Read: Sec. 14-23, Article VII, 1987 Constitution (pages 868-945, Bernas 2009 ed.)
(b) Read: Constitutional Law 1 Syllabus [pages 122-152]
(c) Selected Cases for Digest: [due on July 12, 2019]

 Can the pardoning power of the President be limited by legislative action?

Vidal vs. Estrada, G.R. No. 206666, Jan. 21, 2015
 Can the President enter into an executive agreement, instead of a treaty, insofar as
binding the Philippines to the EDCA?
 How does the Constitution limit the foreign relations power of the President?
Saguisag vs. Ochoa, G.R. No. 212426 & 212444, Jan. 12, 2016
 Was the President's ratification, without Senate concurrence, of the Madrid Protocol valid
and constitutional?
IPAP vs. Ochoa, G .R. No. 204605, July 19, 2016.
 If it was a police power measure, did the President usurp legislative power by temporarily
closing Boracay through Proclamation No. 475?
Zabal vs. Duterte, G.R. No. 238467, February 12, 2019
 Did petitioners' appointments violate Section 15, Article VII of the 1987 Constitution?
Garafil vs. Office of the President, G.R. No. 203372, June 16, 2015
 Can the President's constitutional power of control over all the executive departments,
bureaus and offices be curtailed or diminished by law?
PSALM vs. CIR, G.R. No. 198146, Aug. 8, 2017
 In withdrawing the Special Allotment Release Order (SARO), can an undersecretary
invoke the qualified political agency doctrine?
Degamo vs. Ombudsman & Relampagos, G.R. No. 212416, December 05, 2018
 Whether or not the Congress has the mandatory duty to convene jointly upon the
President's proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus under Article VII, Section 18 of the 1987 Constitution?
Padilla vs. Congress, G.R. No. 231671, July 25, 2017
 Whether or not the petitions are the "appropriate proceeding" under the Constitution?
 Is the power of this Court to review the sufficiency of the factual basis of the proclamation
of martial law or the suspension of the privilege of the WHC independent of the actual
actions taken by Congress?
 Whether or not the exercise of judicial review by this Court involves the calibration of
graduated powers granted the President as Commander-in-Chief?
 Whether or not there is sufficient factual basis for the declaration of martial law and the
suspension of the writ of habeas corpus?
Lagman vs. Medialdea, G.R. No. 231658, Dec. 5, 2017
 Did the President and the Congress had sufficient factual basis to extend Proc. No. 216?
 How many times and for how long can Con-gress, upon the initiative of the President,
may extend the proclamation of martial law or the suspension of the privilege of habeas
corpus?
Lagman vs. Pimentel, G.R. No. 235935, Feb. 6, 2018
 Whether or not there exists sufficient factual basis for the 3rd extension of martial law in
Mindanao?
 Whether the Constitution limits the number of extensions and the duration for which
Congress can extend the proclamation of martial law and the suspension of the privilege
of the writ of habeas corpus?
 Has Proclamation No. 216 become functus officio with the cessation of the Marawi siege?
 Whether or not the manner by which Congress approved the extension of martial law is a
political question and is not reviewable by the Court?
Lagman vs. Medialdea, G.R. No. 243522, February 19, 2019
2017 BAR (A) What is the pardoning power of the President under Art. VIII, Sec. 19 of the
Constitution? Is the exercise of the power absolute?
(B) Distinguish pardon from amnesty.

2 0 1 7 B A R The Executive Department has accumulated substantial savings from its

appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new
city but has no funds appropriated soon by the Congress for the purpose, the COMELEC requests
the President to transfer funds from the savings of the Executive Department in order to avoid a
delay in the holding of the plebiscite. May the President validly exercise his power under the 1987
Constitution to transfer funds from the savings of the Executive Department, and make a cross-
border transfer of ₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the
same if the transfer is treated as aid to the COMELEC? Explain your answer.

2 0 1 7 B A R The President signs an agreement with his counterpart in another country

involving reciprocity in the treatment of each country's nationals residing in the other's territory.
However, he does not submit the agreement to the Senate for concurrence. Sec. 21, Art. VII of the
Constitution provides that no treaty or international agreement shall be valid and effective
without such concurrence. Is the agreement signed by the President effective despite the lack of
Senate concurrence? Explain your answer.

2018 BAR What and whose vote is required for the following acts:
 the extension of the period for the suspension of the privilege of the writ of habeas
corpus?

d) Prepare for a short quiz.