POLITICAL LAW REVIEW

JUDGE GENER M. GITO, LL.M., D.C.L.

MODULE 1

I. PRELIMINARIES

1. What is a constitution?
2. What is the principle of constitutional supremacy?
3. Constitution: Definition, Nature and Concepts
i. What is a constitution
ii. Principle of constitutional supremacy
iii. Classification of the constitution
iv. Construction of the constitution
1. Francisco vs. House of Representatives, November 10, 2003
A. Parts
i. Essential parts of a good written constitution
C. Amendments and Revisions (Art.
i. Manner of changing the constitution
ii. Who may propose to change the constitution?
iii. People’s Initiative (R.A. 6735)
iv. Amendment vs. Revision
v. Cases
1. Santiago vs. Comelec, March 19, 1997
2. Lambino vs. Comelec, October 25, 2006
D. Self-executing and Non-self-executing Provisions
i. What is self-executing/non-self-executing provision?
ii. Provisions of the constitution which are non-self-executing
1. Manila Prince Hotel vs. GSIS, February 3, 1997
2. Tondo Medical Center vs. CA, July 17, 2007

II. GENERAL CONSIDERATIONS

A. National Territory
i. Definition of Philippine territory
ii. What comprises Philippine archipelago?
ii. Archipelagic doctrine
iii. What are the maritime zones?
iv. Case
1. Magallona vs. Ermita, August 16, 2011
B. State Immunity
i. Basis
ii. Immunity of foreign state
1. China National Machinery vs. Sta Maria, February 7, 2012
2. GTZ vs. Court of Appeals, April 16, 2009
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 iii. Suit against government officer
1. Sanders vs. Veridiano, 162 SCRA 88
2. UP vs. Dizon, August 23, 2012
iv. Suit against government agency
1. Bermoy vs. PNC, May 18, 1956
2. National Airports Corporation vs. Teodoro, 91 Phil. 203
3. Bureau of Printing vs. BP Employees Assn, 1 SCRA 340
4. Shell Philippines Exploration vs. Jalos, 630 SCRA 399
v. Forms of consent
1. C.A. No. 327, as amended by PD No. 1445
2. Act No. 3083
3. Republic vs. Purisima, 78 SCRA 470
4. Amigable vs. Cuenca, 43 SCRA 360
5. Santiago vs. Republic, 87 SCRA 294
6. Froilan vs. Pan Oriental Shipping, September 30, 1950
7. US vs. Ruiz, 136 SCRA 487
vi. Scope of consent
1. Republic vs. Villasor, 54 SCRA 84
2. NEA vs. Morales, 528 SCRA 79
3. Lockheed Detective vs. UP, 670 SCRA 206
4. UP vs. Dizon, 679 SCRA 54
5. Municipality of Makati vs. CA, 190 SCRA 206
C. General principles and state policies
i. Republicanism (Sec. 1, Art. II)
ii. Defense of the state (Sec. 4, Art. II)
1. People vs. Lagman and People vs. Zosa, 38 OG 1676
iii. Incorporation clause (Sec. 2, Art. II)
1. Pharmaceutical and Health Care Assn vs. Secretary, 535
SCRA 265
2. Mijares vs. Ranada, 455 SCRA 397
3. Bayan Muna vs. Romulo, 641 SCRA 17
4. Poe-Llamanzares vs. COMELEC, G.R. No. 221697, March
8, 2019
5. Republic vs. Sandiganbayan, G.R. No. 104768, July 21,
2003
6. Government of Hongkong vs. Hon. Judge Olalia, G.R. No.
153675, April 19, 2007
7. Laude vs. Hon. Ginez, G.R. No. 217456, November 24, 2015
iv. Separation of church and state (Section 6, Art. II)
1. Sec. 5, Art. III (freedom of religion)
2. Sec. 2(5), Art. IX-C (no religious political party)
3. Sec. 5(2), Art. VI (no sectoral representative from religious)
4. Sec. 29(2), Art. VI (prohibition against appropriation for
sectarian benefit)
v. Independent foreign policy and nuclear free Philippines (Sec. 7,
Art. II)
vi. Just and dynamic social order (Sec. 9, Art. II)
vii. Promotion of social justice (Sec. 10, Art. II)
viii. Respect for dignity and human rights (Sec. 11, Art. II)
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 ix. Family and youth (Secs. 12 & 13, Art. II)
x. Equality of men and women (Sec. 14, Art. II)
xi. Promotion of health (Sec. 15, Art. II)
xii. Promotion of balance ecology (Sec. 16, Art. II)
1. Oposa vs. Factoran, 224 SCRA 792
2. MMDA vs. Concerned Residents of Manila Bay, 643 SCRA
90
3. West Tower Condominium Corporation vs. First Philippine
Industrial Corp., G.R. No. 194239, June 16, 2015
4. Resident Marine Mammals of the Protected Seascape Tanon
Strait vs. Reyes, G.R. No. 180771, April 21, 2015
xiii. Education, science and technology (Sec. 17, Art. II)
xiv. Protection to labor (Sec. 18, Art. II)
xv. Self-reliant and independent economy (Sec. 19, Art. II)
1. Tanada vs. Angara, 272 SCRA 18
2. Espina vs. Zamora, 631 SCRA 17
3. Gamboa vs. Finance Secretary 652 SCRA 690
xvi. Land reform (Sec. 21, Art. II)
xvii. Indigenous cultural communities (Sec. 22, Art. II)
xviii. Independent people’s organization (Sec. 23, Art. II)
xix. Communication and information (Sec. 24, Art. II)
xx. Autonomy of local government (Sec. 25, Art. II)
xxi. Equal access of opportunities (Sec. 26, Art. II)
xxii. Honest public service and full public disclosure (Sec. 27, Art.
II)
D. Separation of powers
i. Constitutional basis
ii. Purposes
iii. Blending of powers
iv. Role of Judiciary
1. Gonzales vs. OP, 679 SCRA 614
2. Osmena vs. Pendatun, 109 Phil. 863
3. Neri vs. Senate, 549 SCRA 77
4. LAMP vs. Secretary of Budget, 670 SCRA 373
5. Belgica vs. Executive Secretary, November 19, 2013
6. ABAKADA vs. Purisima, 562 SCRA 251
7. Belgica vs. Executive Secretary, G.R. No. 209442, February
3, 2015
E. Checks and balances
i. Sec. 27, Art. VI
ii. Sec. 19, Art. VII
iii. Sec. 21, Art. VII
iv. Sec. 19, Art. VIII
v. Sec. 1, Art. VIII
vi. Sec. 4, Art. VIII
F. Delegation of powers
i. Rule
ii. Permissible delegation
1. Tariff powers (Sec. 28(2), Art. VI)
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 a. AKBAYAN vs. Aquino, 558 SCRA 468
b. Southern Cross Cement Corp. vs. Cement
Manufacturers, 465 SCRA 532
2. Emergency Power (Sec. 23(2), Art. VI)
a. David vs. Arroyo, 489 SCRA 161
b. Divinagracia vs. Consolidated Broadcasting, 584
SCRA 213
3. Delegation to the people
4. Delegation to local government
5. Delegation to administrative bodies
iii. Test of delegation
1. Ynot vs. IAC, 148 SCRA 679
2. Bureau of Customs Employees Assn vs. Teves, 661 SCRA
589
3. Belgica vs. Executive Secretary, G.R. No. 209442, February
3, 2015
G. Forms of government

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