CONSTITUTIONAL LAW 1 (JD301)

COURSE SYLLABUS
Ralph A. Sarmiento

POLITICAL LAW
*** People v. Perfecto, 43 Phil. 887
*** Macariola v. Asuncion, 114 SCRA 77

Ratification
*** Javellana v. Executive Secretary, 50 SCRA 33

Constitutional Construction
* Perfecto v. Meer, 85 Phil. 552
* Endencia v. David, 93 Phil. 696
* Nitafan v. Commissioner of Internal Revenue, 152 SCRA 284

Self-executing provisions
* Manila Prince Hotel v. GSIS, GR 122156, Feb. 3, 1997

Constitutional History
* Lawyers League v. Aquino, GR 73748, May 22, 1986
- In re: Bermudez, 145 SCRA 160

1987 Constitution
In re: Letter of Reynato Puno, June 29, 1992, 210 SCRA

Effectivity of the 1987 Constitution

* De Leon v. Esguerra, 153 SCRA 602

Amendment
Amendment vs. Revision
RA 6735
* Defensor-Santiago v. Comelec, GR 127325, March 19, 1997
Doctrine of Proper Submission
* Tolentino v. Comelec, 41 SCRA 702

POWER OF JUDICIAL REVIEW

*** Marbury v. Madison, 5 US 137, 2 L.Ed. 60
- Defensor-Santiago v. Guingona, GR 134577, Nov. 18, 1998
- Francisco v. House of Representatives, GR 160261, Nov. 10, 2003

Judicial Supremacy vs. Constitutional Supremacy

Political vs. Justiciable Question

- Baker v. Carr, 396 US 186
- Nixon v. US, 506 US 224
- Goldwater v. Carter, 444 US 996, 62 L.Ed.2d 428
- Sanidad v. Comelec, 73 SCRA 333
*** Estrada v. Arroyo, G.R. No. 146738, March 2, 2001
- Brillantes v. Concepcion, GR 163193, June 15, 2004

Presumption of Constitutionality
* Lim v. Pacquing, GR 115044, Jan. 27, 1995

Requisites of Judicial Review:

1. Actual Case or Controversy

* Board of Optometry v. Colet, GR 122241, July 30, 1996
* Mariano v. Comelec, 242 SCRA 211

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 * Fernandez v. Torres, 215 SCRA 489
- La Bugal-B’laan Tribal Assn. v. DENR Secretary, GR 127882, Jan. 27, 2004

Ripeness
*** City of Los Angeles v. Lyons, 461 US 95, 75 L.Ed.2d 675

Mootness
* David v. Macapagal-Arroyo (PP1017), GR 171396, May 3, 2006
- La Bugal-B’laan Tribal Assn. v. DENR Secretary, GR 127882, Dec. 1, 2004
* DeFunis v. Odegaard, 416 US 312, 40 L.Ed.2d 164

2. Proper Party
Conventional Standing
- Warth v. Seldin, 422 US 490, 45 L.Ed.2d. 343

Representative Standing

Jus Tertii standing

* Craig v. Boren, 429 US 190, 50 L.Ed.2d. 397

Transcendental importance to the public

- Tatad v. Garcia, 243 SCRA 436
*** Kilosbayan v. Guingona, 232 SCRA 110
*** Kilosbayan v. Morato, 246 SCRA 540
*** Kilosbayan v. Morato (Recon.), GR 118910, Nov. 16, 1995

Standing of members of Congress

- Philconsa v. Enriquez, 235 SCRA 506
- Bagatsing v. Committee on Privatization, GR 112399, July 14, 1995

Standing of Integrated Bar of the Philippines

* IBP v. Zamora, G.R. No. 141284, August 15, 2000

Standing of the Government to question its own laws

- People v. Vera, 65 Phil. 56

Taxpayer’s Suits
- Bayan v. Zamora, G.R. No. 138570, October 10, 2000
- Gonzales v. Narvasa, G.R. No. 140835, August 14, 2000

3. Question must be raised at the earliest possible opportunity

4. Constitutional question must the very "lis mota" of the case

Doctrine of Purposeful Hesitation

* Drilon v. Lim, GR 112497, Aug. 4, 1994

Functions of Judicial Review

Effects of Declaration of Unconstitutionality

Doctrine of Operative Fact
- Republic v. CA, GR 79732, Nov. 8, 1993

CONCEPT OF STATE

1. People

Citizenship
Distinguished from nationality
Modes of Acquiring citizenship
Citizens of the Philippines
*** Moy Ya Lim Yao v. Commissioner of Immigration, 41 SCRA 292

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 *** Djumantan v. Domingo, Jan. 30, 1995
Election of Philippine citizenship
* In re: Vicente Ching, Bar Matter No. 914, October 1, 1999
Doctrine of implied election
Natural-born citizens
* Tecson v. Comelec, G.R. No. 161434, March 3, 2004
Dual citizenship & dual allegiance
* Mercado v. Manzano, GR 135083, May 26, 1999
Res judicata in citizenship cases
Doctrine of Indelible Allegiance

Naturalization
*** Republic v. De la Rosa, 232 SCRA 785

Loss of citizenship
- By naturalization in a foreign country
*** Frivaldo v. Comelec, 174 SCRA 245
* Labo v. Comelec, 176 SCRA 1
- By express renunciation or expatriation

Reacquisition of citizenship, RA 8171

Retroactivity of Repatriation
*** Frivaldo v. Comelec, 257 SCRA 727, June 28, 1996

Suffrage

2. Territory
Philippine Archipelago; Archipelago Doctrine; UN Convention on the Law of the Sea

3. Government
Functions
Constituent vs. Ministrant
Laissez-faire vs. Welfare State
Doctrine of Parens Patriae
* Gov't. of Phil. Islands v. Monte de Piedad, 35 Phil. 728
- Cabanas v. Pilapil, 58 SCRA 94
Classification
- De Jure
- De Facto

4. Sovereignty
Effects of Change in sovereignty
Effects of Belligerent Occupation

Doctrine of Jus Postliminium

Dominium vs. Imperium
Derogation of Philippine Sovereignty; The Visiting Forces Agreement

DOCTRINE OF STATE IMMUNITY

Basis
* U.S.A. vs. Reyes, March 1, 1993

Immunity of Foreign States & Diplomats

Principle of par in parem non habet imperium
Process of Suggestion
* The Holy See v. RTC, GR 101949, Dec. 1, 1994
Determination of Immunity by the Department of Foreign Affairs
* Liang v. People, G.R. No. 125865, January 28, 2000

Immunity of International Organizations and Agencies

- SEAFDEC v. NLRC, 241 SCRA 580

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 Immunity of Government Agencies
Incorporated
Municipal Corporations
Unincorporated
If principal function is governmental
If proprietary suable

Suits against Public Officers

* Wylie v. Rarang, 209 SCRA 357

Consent to be sued
Express Consent
General Law
- CA 327; PD 1445; Art. 2180; Act No. 3038
Special Law
* Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311
Implied Consent
When State commences litigation
When State enters into a business contract
* USA v. Ruiz, 136 SCRA 487

Suability not outright liability

* Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311

Consent to be sued does not include consent to execution

* Municipality of Makati v. CA, 190 SCRA 206

Immunity cannot be used to perpetrate an injustice on a citizen

* Ministerio v. CFI of Cebu, 40 SCRA 464

PRINCIPLES AND STATE POLICIES

Preamble
Republicanism
Manifestations
1. Nemo est supra leges
*** Villavicencio v. Lukban, 39 Phil. 778
2. Rule of majority

3. Accountability of Public Officials

4. Bill of Rights
5. Legislature cannot pass irrepealable laws

6. Separation of Powers
Principle of Blending of Powers
Principle of Checks and Balances
* The Steel Seizure case, 343 US 579, 96 L.Ed. 1153

7. Non-delegation of powers
Potestas delegata non delegare potest

Permissible Delegation
a. Tariff Powers to the President
b. Emergency Powers to the President
* First Emergency Powers cases, 84 Phil. 368
* Second Emergency Powers cases, 92 Phil. 603
c. Delegation to the People
d. Delegation to Local Government Units
e. Delegation to the Administrative Bodies
Power of Subordinate Legislation
Principle of Subdelegation of Powers

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 Doctrine of Qualified Political Agency

Tests for valid delegation

a. Completeness Test
b. Sufficient Standard Test
* Ynot v. IAC, 148 SCRA 659
Legislative standard need not be expressed
8. State Immunity (supra)
9. Election through popular will

Act of State
Incorporation Clause
Conflict between municipal law and international law
*** Ichong v. Hernandez, 101 Phil. 115
Civilian Supremacy
Government to serve and protect the people
People to defend the State
Separation of Church and State
Independent Foreign Policy
Nuclear Free Philippines
Just and dynamic social order

Social Justice
*** Calalang v. Williams, 70 Phil. 726
Respect for human dignity and human rights
Fundamental Equality of men and women

Promotion of health and ecology

* Oposa v. Factoran, GR 1010183, July 30, 1993
Priority to education, science and technology
Protection to labor
Land Reform
* Ass'n. of Small Land Owners v. Sec. of Agrarian Reform, 175 SCRA 343

Regalian Doctrine

Inalienable Lands of the Public Domain

Independent People's organizations

Family and Youth

* Meyer v. Nebraska, 263 US 393
* Pierce v. Society of Sisters, 268 US 510
* Wisconsin v. Yoder, 40 LW 4476

Self-reliant and independent national economy

Communication and information in nation-building

Autonomy of Local Governments

Decentralization of Administration vs. decentralization of Power
- Limbonas v. Mangelin, 170 SCRA 786

Autonomous Region

Indigenous Cultural Communities

Honest public service and full public disclosure

LEGISLATIVE DEPARTMENT
Legislative power

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 Initiative, referendum and Recall
Indirect Initiative
Recall
Loss of confidence, a political question

Bicameralism vs. Unicameralism

Senate (Composition; Qualifications; Term of office)

House of Representatives
Composition (District Representatives; Party-list Representatives)

Party-list Representatives

Apportionment of Legislative Districts

Gerrymandering
Doctrine of Equal Representation

Qualifications
* Marcos v. Comelec, 248 SCRA 300
* Aquino v. Comelec, Sept. 18, 1995
Theory of legal impossibility

Natural-born

Term of office

Privileges
Freedom from Arrest
Parliamentary Immunity

Disqualifications and Inhibitions

Effect of Imprisonment

Sessions; Adjournment; Officers

Quorum
* Avelino v. Cuenco, 83 Phil. 17

Rules of Proceedings

Discipline of members
Suspension vs. Preventive Suspension

Enrolled Bill Theory

* Mabanag v. Lopez Vito, 78 Phil. 1
* Casco Chemical v. Gimenez, 7 SCRA 347
Legislative Journal vs. Enrolled Bill

Electoral Tribunals
Composition
* Bondoc v. Pineda, 201 SCRA 792
Powers
Jurisdiction over Proclamation Controversy

Commission on Appointments
Composition
* Guingona v. Gonzales, 214 SCRA 789
Powers
* Sarmiento v. Mison, 156 SCRA 549

Powers of Congress

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 General Legislative Power
Limitations
Substantive Limitations
Procedural Limitations
One Bill, one subject
Sufficiency of Title
Bills that must originate exclusively from the House
*** Tolentino v. Secretary of Finance, GR 115455, Aug. 25, 1994
*** Decision on Motion for Reconsideration, Oct. 30, 1995
Three readings on separate days
Bicameral Conference Committee

Legislative Process
Approval of Bills
Presidential veto
Pocket veto
Item veto

Legislative veto; One-House Veto

Power of the Purse

Implied limitations on appropriation measure
Constitutional limitations and rules
Riders
Sub rosa appropriation
Prohibition against transfer of appropriation

Power of Taxation
*** McCulloch v. Maryland, 17 US (4 Wheat, 316)

Power of Legislative Investigation

- Senate v. Ermita (E.O.464), G.R. No. 169777

Power to Punish contempt

Power to declare existence of state of war

EXECUTIVE DEPARTMENT
President and Vice-President
Qualifications
Natural-born Citizen
* Tecson v. Comelec, G.R. No. 161434, March 3, 2004

Election
Congress as canvassing board
Supreme Court as Electoral Tribunal
* Defensor-Santiago v. Ramos, PET Case no. 001, Feb. 13, 1996
Term of office

Privileges
Official residence
Salary

Presidential Immunity
- Beltran v. Makasiar, 167 SCRA 393
- US v. Nixon, 418 US 683, 41 L.Ed.2d 1039
* Clinton v. Jones, 520 US 681, May 27, 1997

Prohibitions and inhibitions

Rules on Succession

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 Vacancy at beginning of term
Vacancy during the term
Temporary Disability

Removal of the President

* Estrada v. Arroyo, G.R. No. 146738, March 2, 2001
* Decision on Motion for Reconsideration, April 3, 2001

Powers
Executive Power
* Planas v. Gil, 67 Phil. 62
* Myers, Administratrix v. United States, 272 US 52

Legislative Powers

Residual Powers
* Marcos v. Manglapus, 177 SCRA 668

Power to Determine National Policy

* The Steel Seizure case, 343 US 579, 96 L.Ed. 1153

Prosecution of Crimes
* Webb v. De Leon, 247 SCRA 652

Creation of Preparatory Committee on Constitutional Reforms

Appointing Power
Discretionary power
Classes of Appointment
Appointments subject to confirmation of Commission on Appointments
Limitations on the Appointment Power
Power of Removal

Power of Control
Control vs. Supervision
Alter-ego Principle or Doctrine of Qualified Political Agency
The Executive Secretary

Military Powers
Commander-in-chief clause
* David v. Macapagal-Arroyo (PP1017), GR 171396, May 3, 2006
* Aquino v. Military Commission No. 2, 63 SCRA 546
* Olaguer v. Military Commission No. 34, 150 SCRA 144

Calling Out the Armed Forces

Declaration of State of Rebellion

Declaration of martial law

Suspension of the privilege of the writ of habeas corpus

* Barcelon v. Baker, 5 Phil. 87
* Montenegro v. Castañeda, 91 Phil. 882
* Lansang v. Garcia, 42 SCRA 448
* Garcia-Padilla v. Enrile, 121 SCRA 472

Pardoning Power
* People v. Salle, 250 SCRA 581, Dec. 4, 1995
* Monsanto v. Factoran, 170 SCRA 190
Pardon vs. Amnesty

Diplomatic Power

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 * Dames & Moore v. Regan, 453 US 654
Treaties vs. Executive Agreements

Power to Impound
- Philconsa v. Enriquez, Aug. 19, 1994

JUDICIAL DEPARTMENT
Judicial Power
Expanded jurisdiction
Effect on the political question doctrine

Jurisdiction

Constitutional Safeguards to insure independence of the Judiciary

Justices/judges may not be designated to any agency performing non-judicial functions
Fiscal Autonomy

Power of Judicial Review

Appointment to the Judiciary

Procedure for Appointment
Judicial and Bar Council

Supreme Court
Composition
En Banc & Division cases

Powers
Supervision over the Judiciary
Rule-making powers
Mandatory Review of Death Penalty Cases
Writ of Amparo
Equipoise Doctrine
Decisions of the Court

Power to control execution of decision

* Echegaray v. Secretary of Justice, GR 132601, Jan. 19, 1999

Tenure of Justices/Judges
Removal and Discipline
Salaries

INDEPENDENT CONSTITUTIONAL COMMISSION

Safeguards to insure the independence of the Commissions
Prohibition on appointment in an acting capacity
Disqualifications and Inhibitions
Decisions - Certiorari to the Supreme Court
SC Revised Admin. Cir. 1-95

1. Civil Service Commission

Scope of the Civil Service
Approval of appointments

2. Commission on Elections
En Banc and Division cases
Powers and Functions
Exclusive Original Jurisdiction and Appellate Jurisdiction
Special Registration of New Voters

3. Commission on Audit

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ACCOUNTABILITY OF PUBLIC OFFICERS

Impeachment
Impeachable Officers
Grounds for Impeachment
Procedure
Impeachment and Criminal Prosecution
* Estrada v. Arroyo, G.R. No. 146738, March 2, 2001
* Decision on Motion for Reconsideration, April 3, 2001

Sandiganbayan
Jurisdiction

Ombudsman
Supervision and control
Prosecutorial Powers
Power to issue subpoena; Form of complaint
Power to Investigate Administrative Charges
Concurrent with the Office of the President
Concurrent with the DOJ
Power to investigate cases of ill-gotten wealth after Feb. 25, 1996
Ombudsman for the Military

Special Prosecutor

Commission on Human Rights

Powers and Functions of the Commission
Civil Rights vs. Political Rights
Fiscal Autonomy

Presidential Commission on Good Government

Sequestration

Order signed by only one commissioner

Imprescriptibility of Right of State to Recover Ill-gotten Wealth

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