Outline For Constitutional - Law 2016 (Dangat)
Outline For Constitutional - Law 2016 (Dangat)
Grades will be computed using the following formula: Recitation 50%; Midterm Exam 20%;
Final Exam 30%. This formula may be changed at the Professor’s discretion.
Mark Tushnet, The Politics of Constitutional Law, in THE POLITICS OF CONSTITUTIONAL LAW: A
PROGRESSIVE CRITIQUE 219-235 (David Kayris ed., 1990)
PETER IRONS, A PEOPLE’S HISTORY OF THE SUPREME COURT: THE MEN AND WOMEN WHOSE
CASES AND DECISIONS HAVE SHAPED OUR CONSTITUTION 395-408 (1999)
Scott Barclay and Shauna Fisher, Cause Lawyers in the First Wave of Same Sex Marriage
Litigation, in CAUSE LAWYERS AND SOCIAL MOVEMENTS 84-97 (Austin Sarat & Stuart A.
Scheingold eds, 2006)
Rachel F. Moran, Judicial Review of Anti Miscegenation Laws: The Long Road to Loving in
INTERRACIAL INTIMACY: THE REGULATION OF RACE AND ROMANCE 76-100 (2001).
Pacifico A. Agabin, The Politics of Judicial Review over Executive Action: The Supreme Court and
Social Change in UNCONSTITUTIONAL ESSAYS 167-198 (1996)
Roger Lee Mendoza, Breast Milk versus Formula: Courts, Health Marketing and Asymmetric
Information, 2:1 ICAN: INFANT, CHILD, & ADOLESCENT NUTRITION 7-14 (2010)
Marvin E. Frankel et al., THE PHILIPPINES: A COUNTRY IN CRISIS—A REPORT BY THE LAWYERS
COMMITTEE FOR INTERNATIONAL HUMAN RIGHTS, 15 COLUMBIA HUMAN RIGHTS LAW REVIEW 69-129
(1983)
Interpretation
Nitafan v. Commissioner of Internal Revenue, 152 SCRA 284 (1987)
Filoteo Jr. v. Sandiganbayan, 263 SCRA 222 (1996)
J.M. Tuason & Co., Inc. v. Land Tenure Administration, 31 SCRA 413 (1970)
A. Separation of Powers
Prematurity:
Mootness
Atlas Fertilizer v. Secretary of DAR, G.R. No. 93100, June 19, 1997
Lacson v. Perez, 357 SCRA 756 (2001)
Sanlakas v. Executive Secretary, G.R. 159085, February 3, 2004
2. Proper Party
Associational Standing:
Taxpayer’s Standing:
Voter’s Standing:
Legislative Standing:
Governmental Standing:
Resident Marine Mammals of the Protected Seascape Tanon Strait v. Secretary Reyes, G.R.
No. 180771/181527, April 21, 2015
3. Earliest Opportunity
SESSION 6
IV. Territory, People, and Government
A. Territory
B. People
1. Citizenship
SESSION 7
2. Suffrage
See Republic Act No. 9189 or “An Act Providing for a System of Overseas Absentee Voting by
Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for other
Purposes” (February 13, 2003) as amended by Republic Act No. 10590.
C. Government
Revolutionary Government
Parens Patriae
SESSION 8
Immunity from Suit
Money Claims
SESSION 9
V. The Branches of Government
A. Congress
a. Senate
b. House of Representatives
Atong Paglaong, Inc. v. Commission on Elections, G.R. No. 203766, April 2, 2013
Abang Lingkod Party-List v. Commission on Elections, G.R. No. 206952, October 22, 2013
Ang Ladlad LGBT Party v. Commission on Elections, G.R. No. 190582, April 8, 2010
Dayao v. Commission on Elections, G.R. No. 193643, January 29, 2013
Lokin, Jr. v. Commission on Elections, GR No. 193808, June 26, 2012
Lico v. Commission on Elections, GR No. 205505, September 29, 2015.
Coalition of Associations of Senior Citizens v. Commission on Elections, G.R. No. 206844-45,
July 23, 2013
COCOFED-Philippine Coconut Producers Federation, Inc. v. Commission on Elections, G.R.
No. 207026, August 6, 2013
Araro v. Commission on Elections, G.R. No. 192803, December 10, 2013
Aksyon Magsasaka-Partido Tinig ng Masa v. Commission on Elections, G.R. No. 207134, June
16, 2015
2. Election
a. Regular election
b. Special election
SESSION 10
3. Organizations and Sessions
a. Election of Officers
b. Quorum
c. Rules of Proceedings
d. Discipline of Members
5. Congressional Record
f. Session
1. Regular sessions
2. Special sessions
3. Joint sessions
SESSION 11
4. Salaries, Privileges and Disqualifications
a. Salaries
d. Disqualifications
e. Duty to Disclose
5. Electoral Tribunals
6. Commission on Appointments
SESSION 12
7. Powers of Congress
1. Substantive limitations
2. Procedural limitations
ABAKADA GURO Party List v. Purisima, G.R. No. 166715, August 14, 2008
8. Legislative Process
a. Requirements as to bills
1. Titles of bills
a. Appropriation laws
b. Tax laws
Tolentino v. Secretary of Finance, G.R. No. 115455, August 25, 1994
Lung Center v. Quezon City, G.R. No. 144104, June 29, 2004
Tan v. Del Rosario, 237 SCRA 324 (1994)
Garcia v. Executive Secretary, 211 SCRA 219 (1992)
John Hay PAC v. Lim, G.R. No. 119775, October 24, 2003
SESSION 13
c. Appellate jurisdiction of the Supreme Court
c. Effectivity of laws
Tanada v. Tuvera, G.R. No. L-63915, April 24, 1985 and December 29, 1986
d. Question Hour
e. Legislative investigation
SESSION 14
9. Other Powers:
Gutierrez v. The House of Representatives Committee on Justice, G.R. No. 193459, February
15, 2011
Chief Justice Corona v. Senate, JGR No. 200242, July 17, 2012
SESSION 15
B. Executive Department
1. The President
c. Succession
1. In case of vacancy at the beginning of term
2. In Case of vacancy during term
3. In case of temporary disability
d. Removal
e. Prohibitions
f. Exceptions to prohibition from holding another office:
a. Executive Power
SESSION 16
d. Power of Appointment
e. Executive Clemency
SESSION 17
f. Commander-in-Chief
g. Emergency Powers
i. Foreign affairs
j. Legislation
1. Address Congress
2. Preparation and submission of the budget
3. Veto-Power
4. Emergency Powers
3. Vice President
a. Qualifications, election, term and oath
b. Privileges and salary
c. Prohibitions
d. Succession
SESSION 18
C. The Judicial Department
1. Judicial Power
2. The Supreme Court
a. Composition
b. Mode of Sitting
e. Salary
f. Tenure
g. Removal
Re: COA Opinion on Computation of Appraised Value of Properties Purchased by Supreme Court
Justices, A.M. No. 11-7-10-SC, July 31, 2012
Re: In the Matter of Clarification of Exemption From Payment of all Court and Sheriff’s Fees
of Cooperatives Duly Registered in Accordance with Republic Act No. 9520 otherwise known
as the Philippine Cooperative Code of 2008, A.M. No. 12-2-03-0, March 13, 2012
i. Jurisdiction
j. Deliberations
k. Voting
l. Requirements as to decisions
Miguel v. JCT Group, Inc., G.R. No. 157752, March 16, 2005.
Nunal v. COA, 169 SCRA 356 (1989)
People v. Bugarin, 273 SCRA 384 (1997)
Hernandez v. Court of Appeals, 228 SCRA 429 (1993)
Yao v. Court of Appeals, G.R. No. 132428, October 24, 2000
Re: Delays in the Sandiganbayan, A.M. No. 00-8-05-SC, November 28, 2001
Office of the Court Administrator v. Fuentes III, A.M. No. RTJ-13-2342, March 6, 2013
SESSION 19
p. Administrative powers
In the Matter of the Petition for the Writ of Amparo and Habeas Data in favor of Noriel H.
Rodriguez, G.R. No. 191805 & G.R. No. 193160, November 15, 2011
Dolot v. Paje, G.R. No. 199199, August 27, 2013
Infant Caram v. Segui, G.R. No. 193652, August 5, 2014
SESSION 20
8. Integration of the Bar
3 Lower courts
Dante Gatmaytan and Cielo Magno, Averting Diversity: A Review of Nominations and
Appointments to the Philippine Supreme Court (1988-2008), ASIAN JOURNAL OF
COMPARATIVE LAW, Vol. 6: Iss. 1, Article 3 available at
http://www.bepress.com/asjcl/vol6/iss1/art3/
Dulay v. Judicial and Bar Council, Extended Res., GR No. 202143, July 3, 2012
Citizens Adaza v. President Aquino and JBC, Res., GR. No. 202263, July 17, 2012
Chavez v. Judicial and Bar Council, GR No. 202242, April 16, 2013 (read the dissent of Justice
Leonen)
Jardeleza v. Judicial and Bar Council, G.R. No. 213181, August 19, 2014
Villanueva v. Judicial and Bar Council, G.R. No. 211833, April 7, 2015.
SESSION 21
Constitutional Commissions