Mindanao State University

COLLEGE OF LAW
Marawi City

COURSE SYLLABUS
JD 104 (CONSTITUTIONAL LAW I)
1st semester, A.Y. 2023-2024

Lecturer: Rayhanie P. Mamondiong

Class Year & Section: 1st Year Regular, Sections 4 and 5

COURSE DESCRIPTION

This course is a study of the structure and powers of the Philippine Government. It covers basic
concepts in Political Law such as the Supremacy of the Constitution, the Doctrine of State
Immunity from Suit, and the Principle of Separation of Powers, among others.

COURSE OBJECTIVES

By the end of the semester, students are expected:

1. To acquire basic knowledge in Constitutional Law;

2. To know the structure and powers of the Philippine Government; and
3. To understand the workings of a democratic and republic state like the Philippines.

METHODOLOGY

The lecturer shall conduct oral recitation to gauge the understanding by the students of the
provisions of the law. Recitations shall test the analytical thinking skills of the students as they
answer the assigned questions on legal provisions or jurisprudence. Written assessments such as
quizzes and major exams shall also be administered.

EVALUATION AND ASSESSMENT

Attendance 5%
Class Recitation/Quizzes 25%
Midterm Exam 30%
Final Exam 40%
100%

PASSING RATE: 75%

PERCENTILE FINAL GRADE DISCRIPTION

90-100 1.00-1.25 Excellent

85-89 1.50-1.75 Very Good

81-84 2.00-2.25 Good

76-80 2.50-2.75 Satisfactory

75 3 Passing

74 & below 5 Failure

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COURSE POLICIES

The following policies will be observed during class:

1. The student who is called to recite shall stand up and answer the given question.
2. During recitation, the students shall not open their books, mobile phones or laptops.
3. The students shall put their cellphones on a silent mode.
4. The students shall observe proper dress code.
5. The student who is called to recite but is absent shall receive an automatic grade of 5.0 in
the recitation except for those students who are in emergency/life and death situations.
Upon return to the class, the student shall bring a notarized affidavit justifying his
absence so that he may be excused.
6. No removal examination.

COURSE OUTLINE

I. POLITICAL LAW AND THE CONSTITUTION

1. Political Law. Scope. Necessity and Basis of Study.

2. The 1987 Constitution. Historical Overview and Essential Features.

a. Classification of the Constitution

b. Qualities of a Good Written Constitution
c. Parts of the Constitution
3. Supremacy of the Constitution

Case to read:

Manila Prince Hotel Corporation v. GSIS, 267 SCRA 408 [1997]

4. Interpretation of the Constitution

*Francisco vs. House of Representatives, GR. No. 160261, November 10, 2003
Pamatong v. Comelec, G.R. No. 161872, April 13, 2004

5. Amendment and Revision of the Constituion. Procedure. Proposal. Ratification.

*Doctrine of Proper Submission

Cases to read:

Imbong vs. COMELEC 35 SCRA 28

Santiago v. COMELEC, GR No. 127325 March 19, 1997
Lambino v. COMELEC, GR No. 174153 Oct. 25, 2006
Tolentino v. COMELEC, 41 SCRA 702
Gonzales vs. COMELEC 21 SCRA 774

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 II. THE STATE

State. Definition, and distinction from Nation. Elements.

i. TERRITORY. Definition of National Territory. Components and their

extent. Archipelago doctrine. Philippine archipelagic baselines. The Concept
of Regime of Islands.

Laws and cases to read:

Philippine Baseline Law (R.A. 9522)

Magallona v. Ermita, 655 SCRA 476 (2011)
Republic of the Philippines v. The People’s Republic of China, 2016 (READ:
Saguisag v. Executive Secretary Ochoa, G.R. No. 212426, MR Resolution dated
July 26, 2016 (penned by then CJ Sereno) on the salient points of the ruling of the
PCA in Republic of the Philippines v. The People’s Republic of China.)

ii. GOVERNMENT. Definition and distinctions. Forms of Government.

Doctrine of Parens Patriae.

Cases to read:

The Province of North Cotabato v. GRP Peace Panel, G.R. No. 208566, October
14, 2008
Lawyers League for a Better Philippines v. Corazon Aquino, G.R. No. 73748,
May 22, 1986
Estrada v. Arroyo, G.R. No. 146738, Mar. 2, 2001
Estrada vs. Desierto, G.R. Nos. 146710-15, Mar. 2, 2001

iii. SOVEREIGNTY. Definition. Kinds. Essential characteristics. Change of

sovereignty. Causes. Effects.

Case to read:

The Province of North Cotabato v. GRP Peace Panel, G.R. No. 208566, October
14, 2008

iv. PEOPLE. Citizenship. Definition. Kinds of Filipino Citizenship. Two types

of Natural-Born citizenship. Usual modes of acquiring citizenship. Modes
applied in the Philippines. Election of Philippine citizenship.
Naturalization. Doctrine of Indelible Allegiance. Naturalization and
denaturalization. Three ways by which an alien may become a citizen of
the Philippines by naturalization. Dual citizenship and dual allegiance.
Question of citizenship and Res Judicata. Loss and re-acquisition of
Philippine citizenship

Cases to read:

Maria Jeanette Tecson v. Comelec, G.R. No. 161434, March 3, 2004 (FPJ case)
Poe-Llamanzares v. Comelec, G.R. No. 221697, March 8, 2016 (Grace Poe case)
Re: Application for Admission to the Philippine Bar, Vicente D. Ching, Bar Matter
No. 914, Oct. 1, 1999, En Banc
Mercado v. Manzano, 307 SCRA 630, May 26, 1999, En Banc
Macquiling v. Comelec, July 2, 2013
Eusebio Eugenio Lopez v. Comelec GR No. 182701 (2008)
Bengzon III v. HRET 357 SCRA 545 (2001)
Frivaldo v. Comelec, 257 SCRA 727

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 III. THE DOCTRINE OF STATE IMMUNITY

1. Reasons for Non-suability of the State

2. When the Suit is deemed against the State
3. Consent by the State to be Sued
4. Juri Imperii. Juri Gestionis
5. Immunity of Foreign States and Diplomats
6. The Restrictive Doctrine of State Immunity
7. Suits against Government Agencies
8. Suits against public officials
9. Suability v. liability
10. Garnishment of government funds to satisfy the judgment against the state
11. Remedies if government fails to satisfy judgment

Cases to read:

US v. Ruiz, 136 SCRA 487

US v. Rodrigo, consolidated decision with US vs. Guinto, 182 SCRA 644
Holy See v. Rosario, G.R. No. 101949, December 1, 1994
Most Rev. Pedro D. Arigo, et. al. vs. Scott Swift in his capacity as Commander of the of the
US 7th Fleet, Mark A. Rice in his capacity as Commanding Officer of the USS

IV. FUNDAMENTAL PRINCIPLES AND STATE POLICIES

1. Republicanism
2. Renunciation of War
3. Doctrine of Incorporation
4. Supremacy of Civilian Authority
5. Compulsory Military Service
6. Separation of the Church and the State
7. Sanctity of Family and Human Dignity
8. Role of Women
9. Health and Ecology

Cases to read:

Imbong vs. Ochoa, GR No. 204819, April 11, 2014

Oposa v. Factoran, 224 SCRA 792 (1993)
Bayan v. Executive Secretary, G.R. No. 138570, October 10, 2000
The Diocese of Bacolod vs. COMELEC, Mar 19, 2013

V. INTERPLAY AMONG THE BRANCHES OF GOVERNMENT

1. Separation of Powers

Belgica vs. Executive Secretary Ochoa, November 11, 2013

2. Checks and Balances

3. Delegation of Powers

Garcia vs. Drilon, GR No. 179267, June 25, 2013

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 i. Exceptions to the Non-delegation Rule
ii. Tests for Valid Delegation

Pelaez vs. Auditor General, 15 SCRA 569

4. Blending of Powers

VI. LEGISLATIVE DEPARTMENT

The Senate. Composition. Qualifications. Terms. The House of Representatives.

Composition. District Representatives. Party-list Representatives. Qualifications.
Terms. Election. Salaries. Parliamentary Immunities. Privilege from Arrest. Privilege
of Speech and Debate. Conflict of Interests. Incompatible and Forbidden Offices.
Inhibitions and Disqualifications. Sessions. Officers. Quorum. Discipline of Members.
Journals. Adjournment. The Electoral Tribunal. Organization. Powers. Legislative
Power in General. Definition. Procedure. Origin of Bills. Prohibited Measures. Title of
Bills. Formalities. Approval of Bills. Legislative Inquiries. The Power of
Appropriation. The Power of Taxation. The Power of Concurrence. The War Powers.
Referendum and Initiative.

Cases to read:

Maria Carolina P. Araullo, et. al. v. Benigno Simeon Aquino III, G.R. No. 209287, July 1, 2014
(DAP case)
Social Justice Society vs. Dangerous Drugs Board, Nov. 3, 2008
Rep Danilo Ramon Fernandez vs. HRET, Dec. 21, 2009
Sema vs. COMELEC, July, 16, 2008
Aldaba vs. COMELEC, 611 SCRA vs. 137
Aquino III vs. COMELEC, 617 SCRA 623
Banat vs. COMELEC, 586 SCRA 210 and 592 SCRA 294
Ang Ladlad LGBT Party vs. COMELEC, April 8, 2010
Atong Paglaum, Inc. vs. COMELEC, April 2, 2013
Trillanes IV vs. Pimentel, Sr., 556 SCRA 471
Pobre vs. Defensor-Santiago, 597 SCRA 1
Liban vs. Gordon, 639 SCRA 709
Pimentel vs. Senate Committee of the Whole, 644 SCRA 741
Santiago vs. Guingona, Nov. 18, 1998
Kida vs. Senate of the Philippines, 659 SCRA 270
Phil. Judges Association vs. Prado, 227 SCRA 703
Mabanag vs. Lopez Vito, 78 Phil. 1
Gonzales vs. Macaraig, Nov. 19, 1990
Neri vs. Senate Committee on Accountability of Public Officers and Investigations,549 SCRA
77 and 564 SCRA 152
Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and
Currencies, 541 SCRA 456
Abakada Guro Party-list vs. Purisima, 562 SCRA 251
Tolentino vs. Sec. of Finance, August 25, 1994
Garcia vs. Mata, 65 SCRA 523

VII. EXECUTIVE DEPARTMENT

Qualifications. Election and Proclamation. Term. The Vice-President. Presidential

Succession. Oath of Office. Perquisites and Inhibitions. Presidential Immunity.
Powers. Executive Power in General. The Appointing Power. The Control Power. The

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 “Take Care” Clause. The Military Power. Borrowing Power. The Diplomatic Power.
The Budgetary Power. The Informing Power. Other Powers.

Cases to read:

Poe, Jr. vs. Arroyo, March 29, 2005

Legarda vs. De Castro, 542 SCRA125
Macalintal vs. PET, 635 SCRA 783 and 651 SCRA 239
Estrada vs. Desierto, 353 SCRA 452
Marcos vs. Manglapus, Sept. 15, 1989
Pimentel vs. Ermita, Oct. 13, 2005
Kida vs. Senate of the Philippines, ibid
Ganzon vs. CA, 200 SCRA 271
Kilusang Mayo Uno vs. Ermita, et al., April 19 and June 20, 2006
Tondo Medical Center Employees Association vs. CA, 527 SCRA 746
Biraogo vs. Truth Commission of 2010, 637 SCRA 78
David vs. Arroyo, May 3, 2006
Ampatuan vs. Puno, 651 SCRA 228
Fortun vs. Macapagal-Arroyo, March 20, 2012
Gudani vs. Senga, 498 SCRA 671
Province of North Cotabato vs. Government of the Republic of the Philippines Peace
Panel on Ancestral Domain (GRP), 568 SCRA 402
Bayan Muna vs. Romulo, 641 SCRA 244
Maria Carolina P. Araullo, et. al. v. Benigno Simeon Aquino III, G.R. No. 209287, July 1, 2014
(DAP case)

VIII. JUDICIAL DEPARTMENT

Independence of the Judiciary. Judicial Power in General. Jurisdiction. Appointments.

Qualifications. The Judicial and Bar Council. Fiscal Autonomy. Composition of the
Supreme Court. En Banc Cases. Division Cases. Requisites of Judicial Inquiry. Actual
Case. Proper Party. Earliest Opportunity. Necessity of Deciding Constitutional
Question. Effects of Declaration of Unconstitutionality. Powers of the Supreme Court.
Original Jurisdiction. Appellate Jurisdiction. Temporary Assignment of Judges.
Change of Venue or Place of Trial. Rule-making Power. Appointment of Court
Personnel. Administrative Supervision of Courts. Tenure of Judges. Consultations of
the Court. Decisions of the Court. Salaries of Judges. Periods of Decisions. Annual
Report.

Cases to read:

Diaz vs. CA, Dec. 5, 1994

Chavez vs. JBC, April 16, 2013
Re: Petition for Recognition of the Exemption of the Government Service Insurance System
from Payment of Legal Fees, 612 SCRA 193
Sothern Hemisphere Engagement Network, Inc. vs. Anti-Terrorism Council, 632 SCRA 146
Estarija vs. Ranada, 492 SCRA 652
Moldex Realty, Inc. vs. HLURB, 525 SCRA 198
Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485
Castro vs. Deloria, 577 SCRA 20
In Re: Undated Letter of Mr. Louis C. Biraogo, Petitioner in Biraogo vs. Nograles and
Limkaichong, 580 SCRA 106
Re: EM No. 03-010 – Order of the First Division of COMELEC dated Aug. 15, 2003, A.M. No.
03-8-22 SC, Sept. 16, 2003

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 IX. CONSTITUTIONAL COMMISSIONS

A. The Civil Service Commission

Composition and Qualifications. Scope of the Civil Service. Appointments.

Security of Tenure. Partisan Political Activity. Self-organization. Temporary
Employees. Objectives of the Civil Service. Oath. Disqualifications.
Standardization of Compensation. Double Compensation.

B. The Commission on Elections

Composition and Qualifications. Powers and Functions. Enforcement of Election

Laws. Decision of Election Contests. Decision of Administrative Questions.
Deputization of Law-Enforcement Agencies. Registration of Political Parties.
Improvement of Elections. Election Period. Party System. Funds. Judicial Review.

C. The Commission on Audit

Composition and Qualifications. Powers and Functions. Prohibited Exemptions.

Cases to read:

Ombudsman vs. CSC, Feb. 16, 2005

CSC vs. DBM, July 22, 2005
Pedragoza vs. COMELEC, 496 SCRA 513
Civil Service Commission vs. Sojor, 554 SCRA 160
Macalintal vs. COMELEC, July 10, 2003
Señeres vs. COMELEC, 585 SCRA 557
Atienza, Jr. vs. COMELEC, 612 SCRA 761
Gaminde vs. COA, December 13, 2000
Philippine Society for the Prevention of Cruelty to Animals vs. COA, 534 SCRA 112
Boy Scouts of the Philippines vs. COA, 651 SCRA 146
PDIC vs. COA, 546 SCRA 473
Commission on Audit vs. Link Worth International, Inc., 581 SCRA 501
Veloso vs. COA, 656 SCRA 767

REFERENCES:

1. Philippine Political Law by Isagani A. Cruz and Carlo L. Cruz. Central Book Store.

2. Political Law Reviewer by Rolando A. Suarez. Rex Book Store.

3. Political Law Reviewer by Judge Ed Vincent S. Albano. Rex Book Store.

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