UNIVERSITY OF SAN AGUSTIN College of Law Jaro, Iloilo City CONSTITUTIONAL LAW IL Jose Edmund Guillen, LL.B.LL.M. COURSE OUTLINE 1. Overview With their knowledge about the structures of government and the interplay of the three branches and constitutional offices under a democratic and republican system, the students in this course shall deal with the relationship of the three inherent and fundamental powers of the state with the rights of individuals guaranteed under Article Ill of the constitution. The balance between governmental power and individual freedoms can only be achieved iffbased on the assumptions that rights of individuals are limited and the state in the exercise of its fundamental powers may interfere with those rights. On the other hand, the exercise by the state of its powers is also limited by its respect for the rights being possessed by individuals. The course also includes a complete discussion on the topic of citizenship. It is required that the students enrolled in this course have already passed Constitutional Law I. II. Requirements for the course “Two long exams (Midterm and Final Examinations); 5 quizzes, case digest and reporting, active participation during class discussion, and a paper. It is desired that the class should be interactive, so class participation is most expected. IIL. Consultation Hours ‘Thirty minutes before class or after class. If you want to make an appointment outside of these hours, please contact me through numbers 330-2618; 508-6989. IY. Class Hours Every Friday, from 5:30 PM to 8:30 PM V. Casebook The 1987 Constitution of the Republic of the Philippines By Joaquin G. Bernas S. J. Rex Book Store Co., Inc. 2009 Edition VL. References Constitutional Law By Justice Isagani Cruz Central LawBook Publishing Co., Inc. Latest Edition Constitutional Law By Ruben Agpalo Latest Edition Outline Reviewer in Political Law (Latest Edition) By Antonio B. Nachura November 22, 2019 Fundamental Powers of the State: Police, Eminent Domaii i ; , Emit mai Concept, application and limits guteRequisites for valid exercise Similarities and differences Delegation Readings: Eminent Domain — p. 396-444 (Casebook) Police Power - p.100-105; 118 ~ 131 (Casebook) Police Power and Taxation ~ Chapter 4, 5, 6 & 7 (Cruz) Assigned cases November 29, 2019 Due Process: substantive and procedural; requisites for validity Constitutional and Statutory due process Hierarchy of rights Judicial Standards of Review ‘Void for vagueness doctrine Equal Protection: requisites for valid classification ‘Standards for judicial review a. Rational Basis test b. Strict scrutiny test c. Intermediate Scrutiny test Readings: Page 100-166 (Casebook) Assigned cases December 6, 2018 Right Against Unreasonable Search and Seizures Requisites for the issuance of warrants Warrantless arrests December 13, 2019 ‘Warrantless searches; administrative Arrests Drug, alcohol and blood tests Readings: Pages 166-217 (Casebook) Assigned cases; individual case reporting January 10, 2020 Privacy of communication and correspondence Exceptions and exclusionary rule Writ of habeas data Freedom of speech, expression, of the press Prior restraint and subsequent punishment Content-based and content-neutral regulations a. tests ». applications ¢. facial challenges and the overbreadth doctrine d. state regulation of different type of mass media ‘e. Commercial speech f. Private speech vs. government speech g. Heckler’s veto Readings: Pages 217-310 (Casebook) Assigned cases; individual case reporting January 17,2020 Right to assemble and redress of grievances Freedom of religion Free exercise clause Tests: ‘a, Clear and Present Danger Test +b. Compelling State Interest Test ¢. Conscientious Obiector TestNon-establishment clause: C Acts permitted and not permitted by the clause Readings: Pages 310- 375 (Casebook) Assigned cases; individual case reporting January 24,2020 Liberty of abode; Right to travel Limitations on the rights a. Watch List and Hold Departure Orders Right to information a. Limitations b. Publications of laws and regulations . access to official records ( government contract negotiations, diplomatic negotiations) Right to form association Readings: Pages 375 - 426 (Casebook) Assigned cases; individual case reporting Deadline for the submission of proposals for papers January 31, 2020 ‘Eminent domain: expansive concept of “public use” ‘Non-impairment of contracts; requisites for its application Contemporary application of the contract clause Relationship with police power Access to courts Readings: Pages 426-466 (Casebook) Assigned cases; individual case reporting February 7, 2020 Custodial Investigation and related rights Requisites for the right to apply Confession and exclusionary rule Right to bail; when a matter of right and discretion Readings: Pages 466 — 497 (Casebook) ‘Assigned cases; individual case reporting Convention Against Torture (CAT) Republic Act No. 9745 (Anti-Torture Law) February __,2020- MIDTERM EXAMINATION (subject to adjustment) February 14, 2020 Rights of the accused: due process Presumption of innocence: right to be heard Right to be informed; right to speedy, impartial and public trial Readings: Pages 497 - 530 (Casebook) Assigned cases; individual case reporting February 21, 2020 Right of confrontation and compulsory process Trial in absentia Privilege of the writ of habeas corpus; writ of amparo; writ of habeas data and kalikasan Speedy disposition of cases Readings: Pages 530 - 557 (Casebook) Assigned cases; individual case reporting February 28, 2020 Right against self-incrimination a. Scope and coverage1. Foreign laws b. Immunity statutes c. Exclusionary rule ‘Non-imprisonment for political beliefs Right against involuntary servitude and excessive fines and torture Abolition of death penalty Readings: Pages 558 — 581 (Casebook) Assigned cases; individual case reporting, Mareh 6, 2020 Non-imprisonment for debt Double jeopardy: requisites a. Identity of the offense and of the act; doctrine of supervening event ’b. Motion for reconsideration and appeals ¢. Dismissal with consent of the accused Readings: Pages 581 - 618 (Casebook) Assigned cases; individual case reporting March 13, 2020 Ex post law and bill of attainder Citizenship ‘a. who are Filipino citizens . Modes of acquiring citizenship . Naturalization and denaturalization Readings: Pages 618 - 650 (Casebook) ‘Assigned cases; Commonwealth No. 63 & 473 Republic Act No. 2630; Presidential Decree No. 725 March 20, 2020 Citizenship continued a. Dual citizenship and dual allegiance b, Loss and re-acquisition of citizenship c. Natural born citizens and public office Readings: Republic Act No. 8171 Republic Act No. 9139 Republic Act No. 9225 Republic Act No, 9189 March __,2020- FINAL EXAMINATION(GASES IN CONTITUTIONAL LAW IL By Jose Edmund E. Guillen, LL.B., LLM. POLICE POWER 1. White Light Corporation et. al. vs. City of Manila, January 20, 2009 2. MMDA v. Trackworks Rail Transit Advertising, December 16, 2009 3. Acebedo Optical Co., Inc. vs. CA, 329 scra 314 3.a. Manila Memorial Park Inc. vs. Sec. of the DSWD, etl al., Dec. 3, 2013 EMINENT DOMAIN Association of Small Landowners In the Phils. vs. Sec. of the DAR, 175 scra 343 Philippine Press Institute vs. COMELEC, 244 sera 272 Forform Development Corporation vs. PNR, December 10, 2008 Republic of the Philippines vs. Spouses Cancio, January 30, 2009 LBP vs. Raymunda Martinez, July 31, 2008 Hon. Vicente Eusebio vs. Jovito M. Luis et. al., October 13, 2009 10. National Power Corporation vs. Heirs of Macasangkit Sangkay, August 24, 2011 11. Anuneiacion Vda. De Quana et. al. vs. Republic of the Phils., February 9, 2011 11.a. Land Bank of the Phils. vs. Esther Anson Rivera, et. a, February 27, 2013 11.b. Land Bank of the Phils. vs. Spouses Placido and Clara Dy Orilla, Feb. 13, 2013 11.¢. Republic of the Phils. (DPWH) vs. Ortigas and Company, March 3, 2014 11.¢. Republic of the Philippines vs. Hon. Samson-Tatad and Sps. Genato, April 17, 2013 PRN Ae DUE PROCESS 12. Sen. Jinggoy Estrada vs. Office of the Ombudsman, et. al., January 21, 2015 13. Suyan vs. People of the Philippines, July 2, 2014 14, Govt. of the USA vs. Guillermo Purganan, September 24, 2002 15. Philippine Guardians Brotherhood Inc. vs. COMELEC, April 29, 2010 15.a. Emilio Ramon Ejercito vs. Commission on Elections et. al., November 25, 2014 EQUAL PROTECTION CLAUSE 16. TELEBAP vs. COMELEC, 289 scra 337 17. People vs. Jalosjos, 324 scra 689 18, Biraogo vs. The Philippine Truth Commission of 2010, December 7, 2010 19. COMELEC vs. Conrado Cruz, et. al., November 20, 2009 20.a. Jose Miguel Arroyo vs. Department of Justice et. al., September 18, 2012 20.b. Republic vs. Daisy Yahon, June 16, 2014 SEARCH AND SEIZURE 20.b. Raul H. Sesbreno vs. Court of Appeals, March 26, 2014 20.c. Lim vs. Felix, 194 sera 292 20.4. People vs. Edano, July 7, 2014 21, Manalili vs. Court of Appeals, 280 sera 400 21.a. People of the Philippines vs. Nazareno Villareal, March 18, 2013 22. People of the Philippines vs. Edison Sucro, March 18, 1991 23. People vs. Abe Valdes. September 5, 2000 24. People vs. Chua Ho San, 308 scra 432 25. People vs. Tangliben, 184 sera 220 26. People vs. Leila Johnson, December 18, 2000 27. People vs. Malmstedt, 198 sera 401 28. Valmonte vs. De Villa, 178 scra 211 29. People vs. De Gracia, 233 sera 716 30. Social Justice Society vs. Dangerous Drugs Board, et. al, November 3, 2008 31. Pollo vs. Constantino-David, et. al., October 18, 2011WRIT OF AMPARO 2. See. of DND et. al. vs. Raymund Manalo, et. al., October 7, 2008 33. Robert Reyes vs. Sec. Raul Gonzales, December 3, 2009 : 33-A. Ia the Matter of the Petition for the Writ of Amparo and Writ of Habeas Data in favor of ict H. Rodriguez vs. Gloria Macapagal Arroyo, et. al., November 15, 2011] RIGHT TO PRIVACY 34, Marynette Gamboa vs. Marlou C. Chan et. al., July 24, 2012 PRIVACY OF COMMUNICATION 35. Felipe Navarro vs. Court of Appeals, August 26, 1999 36. Ramirez vs. Court of Appeals, 248 sera 590 37. Zulueta vs. Court of Appeals, 253 sera 699 38, Waterous Drugs Corporation vs. NLRC, October 16, 1997 39. Marquez vs. Desierto, June 27, 2001 40. Ople vs. Torres, July 23, 1998 FREEDOM OF EXPRESSION 41. TELEBAP vs. COMELEC, supra }S-CBN Broadcasting vs. COMELEC, January 28, 2000 43. Social Weather Station vs. COMELEC, may 5, 2001 y 44. AM. 10-4-03 SC Radio TV Coverage of the Trial in Sandiganbayan, June 21, 2001 45. Newsounds Broadcasting Networks, Inc. vs. Hon. Cesar Dy, April 2, 2009 46, Hector C. Villanueva vs. PDI, March 15, 2009 IS & Winston Garcia vs. Dinnah Villaviza et. al., July 27, 2010 . Soriano vs. MTRCB, March 15, 2010 49. Southern Hemisphere Engagement Network vs. Anti-Terrorism Council, October 5, 2010 49.a. The Diocese of Bacolod vs. Comelec & Majarucon, January 21, 2015 FREEDOM OF ASSEMBLY 50. Bayan, Karapatan et. al. vs, Ermita et. al., April 25, 2006 51. IBP vs. Hon. Lito Atienza, February 24, 2010 52. Batas Pambansa Bilang 880 FREEDOM OF RELIGION 53. Estrada vs. Excritor, June 22, 2006 54. Soriano vs. Laguardia, April 29, 2009 55. Pastor Austria vs. NLRC, August 16, 1999 56. Islamic Da’ wah Council of the Phils. vs. Exec. Sec., 405 scra 497 57. Velarde vs. Social Justice Society, 428 scra 283 58, Taruc et. al. vs. Bishop De La Cruz, March 10, 2005 RIGHT TO INFORMATION 59. Executive Order NO. 464 (Executive Privilege) 59.a. Chavez vs. PCGG, 299 sera 744 60. Chavez vs. Public Estates Authority, July 9, 2002 61. Neri vs. Senate Committee on Accountability, March 25, 2008 62. Center for People Empowerment vs. COMELEC, September 21, 2010 LIBERTY OF ABODE 62.a, Kalipunan ng Damayang Mahihirap vs. Robredo, July 22, 2014 RIGHT TO FORM ASSOCIATION 63. In Re: Edillon, 84 scra 554 64. Malabanan vs. Ramento 129 sera 359 65. United Pepsi Cola Supervisory Union vs. Laguesma, March 25, 1998 66. Acosta vs. Court of Appeals, June 28, 2000PAIRMENT CLAUSE Je Realty and Devt. Corp. vs. Puerto Azul Land, Inc., November 25, 2009 68. Hon, HTcherson Alvarez vs. PICOP Resource, Inc., December 3, 2009 69, Renato ¥. Diaz vs. Sec. Of Finance and the Comm. Of BIR, July 19, 2011 FREE ACCESS TO COURTS eas 70. RE: Request of the National Committee on Legal Aid to Exempt Clients from Paying Filing, Docket and other Fees, August 28, 2009 CUSTODIAL INVESTIGATION 71. UN Convention Against Torture 72. Republic Act No. 9745, Anti-Torture Act of 2009 73. Republic Act No, 7438 74, New Rules on Inquest, Department of Justice Circular No. 61, September 21, 1993 75. People vs. Galit, March 20, 1985 76. People vs. Ordo, June 29, 2000 77. People vs. Lugod, February 21, 2001 78. People vs. Edralin Taboga, Febraury 6, 2002 79. People vs. Baloloy, 381 sera 31 RIGHT TO BAIL, 80. Govt. of the USA vs. Purganan, supra. 81. Narciso vs. Sta. Romana-Cruz, March 17, 2000 82. Defensor-Santiago vs. Vasquez, January 27, 1993 PRESUMPTION OF INNOCENCE 83. Agullo vs. Sandiganbayan, July 20, 2001 84. People vs. Bato, January 16, 1998 85, People vs. Ronaldo De Guzman, March 26, 2010 RIGHT TO BE HEARD 86. People vs. Magsi, 124 scra 64 87. People vs. Rivera, July 31, 2001 88, People vs. Alcanzado, 428 sera 681 RIGHT TO BE INFORMED 89, People vs. Rodrigo Baya, March 10, 2000 90. People vs. Malansing, 378 scra 685 91. People vs. Alvarado, 379 sera 475 92. Teves vs. Sandiganbayan, December 17, 2004 RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL 93. Republic Act No. 8493, Speedy Trial Act 94, Estrada vs. Desierto, March 2, 2001 94-A. Re: Petition for Radio and Television Coverage of t he Multiple Murder Cases Against Maguindanao Gov. Zaldy Ampatuan, et. al., A.M. No. 10-11-5-SC, June 14, 2011 RIGHT TO MEET THE WITNESSES FACE TO FACE 95. Cariaga vs. Court of Appeals, June 6, 2001 96. People vs. Ong, June 21, 2004 97. People vs. Ricardo Bohol, June 28, 2008 RIGHT TO COMPULSORY PROCESS 98. People vs. Chua, April 4, 2001 RIGHT AGAINST SELF-INCRIMINATION 99. People vs. Malimit, 264 scra 167100. People vs. Rondero, 320 scra 383 101. Marcelo vs. Sandiganbayan, January 26, 1999 102. Bengzon vs. Senate Blue Ribbon Committee, 203 scra 767 103. People vs. Gallarde, February 17, 2000 104. COMELEC vs. Tagle, 397 scra 618 104.2, De La Cruz vs. People of the Philippines, July 23, 2014 RIGHT AGAINST CRUEL, DEGRADING AND INHUMAN PUNISHMENT 105. Republic Act No. 9745, Anti-Torture Act of 2009 106. People v. Echegaray, February 7, 1997 107. People vs. Mercado, November 29, 2000 RIGHT AGAINST DOUBLE JEOPARDY 108. Cuizon vs. Court of Appeals, 289 sera 159 109. Almario vs. Court of Appeals, 355 scra 1 110. Manantan vs. Court of Appeals, 350 scra 387 111. People vs. Feliciano, October 10, 2001 112. Merciales vs. Court of Appeals, 379 scra 345 113. Potot vs. People, 383 scra 449 114. People vs. Astudillo, 401 scra 723 RIGHT AGAINST EX POST FACTO LAW AND BILL OF ATTAINDER 115. Bayot vs, Sandiganbayan, March 23, 1984 116. People vs. Ferrer, December 27, 1972 117. Republic of the Philippines vs. Katigbak, December 22, 1989 118. Wright vs. Court of Appeals, August 15, 1994 119. Lacson vs. Executive Secretary, January 20, 1999