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    Constitutional Law Review Outline I. The Philippine Constitution

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    jan gatchallan
    This document outlines the key concepts in Philippine constitutional law, including: 1) The structure of the Philippine constitution, the different parts, and how amendments are made. 2) The fundamental powers of the state, including police power, eminent domain, and taxation. 3) The principles and policies laid out in the constitution related to sovereignty, human rights, and social justice. 4) The separation of powers among the legislative, executive, and judicial branches of government and their roles and authorities. 5) Provisions related to citizenship, elections, and independent oversight commissions.

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    Constitutional Law Review Outline I. The Philippine Constitution

    Uploaded by

    jan gatchallan
    138 views7 pages
    This document outlines the key concepts in Philippine constitutional law, including: 1) The structure of the Philippine constitution, the different parts, and how amendments are made. 2) The fundamental powers of the state, including police power, eminent domain, and taxation. 3) The principles and policies laid out in the constitution related to sovereignty, human rights, and social justice. 4) The separation of powers among the legislative, executive, and judicial branches of government and their roles and authorities. 5) Provisions related to citizenship, elections, and independent oversight commissions.

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    CONSTI-LAW-REVIEW-OUTLINE

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    CONSTI-LAW-REVIEW-OUTLINE

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    This document outlines the key concepts in Philippine constitutional law, including: 1) The structure of the Philippine constitution, the different parts, and how amendments are made. 2) The fundamental powers of the state, including police power, eminent domain, and taxation. 3) The principles and policies laid out in the constitution related to sovereignty, human rights, and social justice. 4) The separation of powers among the legislative, executive, and judicial branches of government and their roles and authorities. 5) Provisions related to citizenship, elections, and independent oversight commissions.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    138 views7 pages

    Constitutional Law Review Outline I. The Philippine Constitution

    Uploaded by

    jan gatchallan
    This document outlines the key concepts in Philippine constitutional law, including: 1) The structure of the Philippine constitution, the different parts, and how amendments are made. 2) The fundamental powers of the state, including police power, eminent domain, and taxation. 3) The principles and policies laid out in the constitution related to sovereignty, human rights, and social justice. 4) The separation of powers among the legislative, executive, and judicial branches of government and their roles and authorities. 5) Provisions related to citizenship, elections, and independent oversight commissions.

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    CONSTITUTIONAL LAW REVIEW OUTLINE

    I. The Philippine Constitution


     Political Law, defined
     Scope of Political Law
     Constitutional Law, defined

    A. Constitution: definition, nature and concepts


    a) Constitution, defined
    b) Theoretical Basis of the Constitution- Social Contract Theory
    c) Purpose or Functions of the Constitution
    d) Types of Constitutions

    B. Parts of the Constitution


    a) Constitution of Liberty
    b) Constitution of Government
    c) Constitution of Sovereignty

    II. AMENDMENT TO THE CONSTITUTION


    A. Amendment vs. Revision
    B. Steps in the amendatory OR revision process
    C. The position of the Constitutional Convention in our system of
    government
    D. Judicvial Review of Amendments
    E. Self-executing versus Non-self-executing Provisions

    III. General Considerations


    A. National Territory
    a) The Philippine Archipelago
    b) Other territories over which the Philippines has sovereignty or jurisdiction
    c) The territorial sea, the sea bed, the subsoil, the insular shelves and
    other submarine areas
    d) Exclusive Economic Zone
    B. “Government of the Philippines" defined
    a) Functions
    b) Doctrine of Parens Patriae
    c) De Jure and De Facto Governments
    d) The three kinds of de facto government

    IV. FUNDAMENTAL POWERS OF THE STATE


    POLICE POWER
    a) Who may exercise?
    b) What are the tests to determine the validity of the delegation?
    c) Test to determine validty
    POWER OF EMINENT DOMAIN
    1
     Requisites for the exercise:
    a. Private Property
    b. Taking in its constitutional sense
    c. Public Use
    d. Payment: Just compensation

    POWER OF TAXATION
    Specific constitutional provisions on tax exemptions?
    1. Sec. 28 (4) Art. VI
    2. Sec. 4 (3) Art. XIV
    3. Sec. 4 (4) Art. XIV

    CONCEPT OF SOVEREIGNTY
    DOCTRINE OF AUTO-LIMITATION
     Effects of change of sovereignty or belligerent occupation
     Dominium and Imperium
     Territorial, Personal, and Extraterritoral Jurisdiction

    STATE IMMUNITY FROM SUIT


    a. Basis
    Positivist theory
    Sociological theory
    b. When is a suit directed against the State ?
    c. Consent to be sued

    GENERAL PROVISIONS/CONSIDERATIONS
    1. Preamble
    2. FLAG & NAME - Article XVI
    2. AFP
    3. FILIPINO FIRST POLICY/NATIONALISTIC PROVISION

    PRINCIPLES
    1. Sovereignty of its People and Republicanism
    2. Adherence to International Law
    3. Supremacy of Civilian Authority
    4. Government as Protector of the People and People as Defenders of the State
    5. Separation of Church and State

    POLICIES
    1. Independent foreign policy and a nuclear free Philippines
    2. A Just and Dynamic Social Order
    3. Promotion of Social Justice
    4. Respect for human dignity and human rights
    5. Fundamental equality of women and men
    6. Promotion of health
    2
    7. Priority of education, science, technology, arts, culture and sports (ESTACS)
    8. Urban land reform and housing
    9. Reform in agriculture and other natural resources
    10. Protection of labor
    11. Independent People's Organizations
    12. Family as a Basic Autonomous Social Institution
    13. Self-Reliant and Independent Economic Order
    14. Communication and Information in Nation-Building
    15. Autonomy of Local Governments
    16. Recognition of the Rights of Indigenous Cultural Communities
    17. Honest Public Service and Full Public Disclosure
    18. Foreign Loans
    19. Executive Agreements on Natural Resources

    IV. SEPARATION OF POWERS

    Legislative Department

    A. Who may exercise legislative power


    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

    B. Congress of the Philippines


    a. Powers of Congress
    1. Legislative
    2. Non-legislative

    2. Composition, Qualification, and Term of Office

    a. Composition
     Senate
     House of Representatives
     Party List System:

    b. Concepts
    Animus manendi
    Animus revertendi

    c. Term of Office

    3. Synchronized Terms of Office

    3
    4. Concept of Disqualified “winner”
    5. Salaries, Privileges and Disqualifications
    6. Freedom from arrest
    7. Concept of Parliamentary Immunity of Arrest
    8. Speech and Debate Clause
    9. Disqualifications
    10. Prohibitions:
    (a) Incompatible vs. Forbidden Office
    (b) Conflict of Interests
    (c) Prohibitions on lawyer-legislators
    (d) Duty to Disclose
    11. Quorum and voting majorities
     Rules of Proceedings
     Journal and Congressional Records
    (a) The Enrolled Bill Theory
    (b) Probative Value of the Journal
    (c) Matters Required to be Entered in the Journal
    (d) Journal Entry Rule v Enrolled Bill Theory
     Sessions
    (a) Regular sessions
    (b) Special sessions
    (c) Joint session

    12. Discipline of Members


    13. Electoral Tribunals and the Commission on Appointments
    14. Electoral Tribunals
     Power
     Judicial Review of decisions of Electoral Tribunals
     Commission on Appointments
     Regular appointment

    15. Powers of Congress


    Legislative
     Legislative inquiries and the oversight functions
     Inquiries in Aid of Legislation
     Oversight Functions

    Legislative Process
    Requirements as to bills

    (a) As to titles of bills


    Art. VI, Sec. 26. (1)

    Types of Bills:
    a. appropriation bill
    b. revenue bill
    4
    c. bill increasing the public debt
    d. bill of local application
    e. Private bills

    (b) Requirements as to certain laws


    a. Appropriation laws
    b. Tax laws
    c. Norms of Taxation
    d. Delegation of Tax Powers
    e. Burden of Taxation
    f. Proceeds of Taxes
    g. Taxation of religious and charitable institutions
    h. Taxation of Educational Institutions

    Procedure for the passage of bills


    a. Three Readings:
    a. Limitations on Legislative Power
    (a) Substantive limitations
    (i) Express substantive limitations
    (ii) Implied substantive limitations

    Veto Power of the President


    Overriding the Veto

    16. Non-legislative powers of congress


    a. Informing function
    b. Power of Impeachment
    (1) Who are subject to impeachment
    a. President
    b. Vice-President
    c. Justices of the Supreme Court
    d. Members of the Constitutional Commissions
    e. Ombudsman
    (2) Grounds for impeachment
    i. Culpable violation of the Constitution
    ii. Treason (RPC)
    iii. Bribery (RA 3019)
    iv. Graft and corruption (RA 3019)
    v. Other high crimes
    vi. Betrayal of public trust
    (3) Procedure for impeachment Art. XI, Sec. 3(1)-(6) - As discussed
    (4) Must impeachment precede filing of criminal case?

    c. Other non-legislative powers

    IV. EXECUTIVE DEPARTMENT


    1. Executive power is the power to enforce and administer the laws
    5
    2. The Executive power shall be vested in the President of the Philippines.
    3. The President
    a. Election and Term of President
    b. Special Election and Term
    c. Re-election
    d. Electoral Tribunal for the Election of the President and Vice- President
    e. Oath of Office
    4. Privilege and salary
    5. Prohibitions
    i. President
    (1) The President can assume a Cabinet post
    (2) The President is the Chairman of NEDA
    ii. Vice-President
    iii. Cabinet
     Presidential Immunity
     Presidential Privilege
     Powers of the President
    1. Executive and administrative powers in general
    2. Powers of Appointment
     Power of removal
    3. Power of Control and Supervision
    a) Doctrine of Qualified Political Agency
    b) Executive Departments and Offices
    c) Local Government Units
    4. Military Powers
    a. Call out the AFP to prevent lawless violence
    b. Confer jurisdiction upon military courts and agencies over
    civilians, where civil courts are unable to function.
    c. Suspend the privilege of the writ of habeas corpus
    d. Effects of the proclamation of martial law
    e. Function of the Supreme Court upon the declaration of Martial
    Law
    5. Pardoning Power
    6. Diplomatic Power
    7. Powers relative to appropriation measures
    8. Delegated Powers
    9. Veto Powers
    10. Residual Powers
    11. Executive Privilege
    12. Types of Executive Privilege
    13. Legislative Power of Inquiry vs. Claim of Executive Privilege

    C. Rules of Succession
     Concept of Permanent Disability
     Temporary Disability
    6
     Prohibitions

    V. Judicial Department

     Judicial Power
     Power of Judicial Review
     Supreme Court

    VI. Constitutional Safeguards to ensure independence of commissions

    1. The Civil Service Commission


    2. Commission on Elections
    3. Commission on Audit
     Prohibited Offices and Interests
     Jurisdiction of each Constitutional Commission
     Review of Final Orders, resolutions and decisions

    VII. Citizenship

    1. People
     People as Inhabitants
     People as Citizens
     People as Electors
    2. Citizenship
     Jus sanguinis vs. Jus Soli
     Who are citizens
     Election of Philippine citizenship
     Natural-born citizens
     Who must be natural born citizens?
    3. Judicial Naturalization
     Loss of Citizenship - Grounds:
     Reacquisition of Citizenship
     Derivative
     Dual Allegiance

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