Professional Documents
Culture Documents
Aquinas University
College of Law
S.Y 2016 2017
Constitutional Law 1
(Part 1) June 20, 2016
I.
Preliminaries
A. Definition
B. Subdivision of Political Law
C. Basis of Philippine Political Law
II.
Philippine Constitution
A. Constitution: definition, nature, concepts, background
B. Classification
Written and Unwritten
Conventional/Cumulative
Rigid/Flexible
C. Qualities of a good written Constitution
Broad
Brief
Definite
D. Essential Parts of Good Written Constitution
Constitution of Liberty
Constitution of Government
Constitution of Sovereignty
E. Doctrine of Supremacy of Constitution
F. Amendments and Revisions
G. Self-executing and non-self-executing provisions
III.
IV.
V.
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Incorporation Clause
Supremacy of State
Peace and Order
Separation of Church and State
B. State Policies (Sec. 7-28)
VI.
Article 4. Citizenship
A. Definition
B. Who are Filipino Citizens
C. Modes of Acquiring Citizenship
D. Comparison of 1987, 1973, 1935 Philippine constitution on citizenship
E. Naturalization and denaturalization
F. Dual citizenship and dual allegiance
G. Loss and re-acquisition of Philippine Citizenship
VII.
Article 5. Suffrage
VIII.
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a) Informing function
b) Power of impeachment
c) Other non-legislative powers
IX. Article 7. Executive Department
A. Privileges, inhibitions and disqualifications
1. Presidential immunity
2. Presidential privilege
B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a) In general
b) Commission on Appointments confirmation
c) Midnight appointments
d) Power of removal
3. Power of control and supervision
a) Doctrine of qualified political agency
b) Executive departments and offices
c) Local government units
4. Military powers
5. Pardoning power
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures
8. Delegated powers
9. Veto powers
10. Residual powers
11. Executive privilege
C. Rules of Succession
X. Article 8. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence
C. Judicial restraint
D. Appointments to the Judiciary
Political Law Review
Judge Arnulfo Cabredo
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E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction
F. Judicial privilege
XI. Article 9. The Constitutional Commission (Part 2) June 27, 2016
A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Qualifications; Appointment and Term; Vacancies; Disqualifications of each
commission
D. Prohibited offices and interests
E. Jurisdiction of each constitutional commission
F. Review of final orders, resolutions and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions
XII. Article 10. Local Government
A. Public corporations
1. Concept
a) Distinguished from government-owned or controlled corporations
2. Classifications
a) Quasi-corporations
b) Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger or dissolution
C. Principles of local autonomy
D. Powers of local government units (LGUs)
1. Police power (general welfare clause)
2. Eminent domain
3. Taxing power
4. Closure and opening of roads
5. Legislative power
a) Requisites for valid ordinance
b) Local initiative and referendum
6. Corporate powers
a) To sue and be sued
b) To acquire and sell property
c) To enter into contracts
(i) Requisites
(ii)Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
Political Law Review
Judge Arnulfo Cabredo
Page 4
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XV. Article 14. Education, Science, Technology, Arts, Culture and Sports
Academic freedom
XVI. Article 15. The Family
XVII. Article 16. General Provisions
XVIII. Amendments or Revisions
A. Kinds of Constitution
B. Permanence of the Constitution
C. Amendment and Revision
D. Procedure
Proposal
-
Ratification
Constitutional Law 2
(Part 1) July 4, 2016
I. Fundamental powers of the state (police power, eminent domain, and taxation)
Political Law Review
Judge Arnulfo Cabredo
Page 6
Page 7
b) Applications
3. Facial challenges and the overbreadth doctrine
4. Tests
5. State regulation of different types of mass media
6. Commercial speech
7. Private vs. government speech
8. Hecklers veto
Assembly and Petition
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I. General principles
II. Administrative agencies
A. Definition
B. Manner of creation
C. Kinds
III. Powers of administrative agencies
A. Quasi-legislative (rule-making) power
1) Kinds of administrative rules and regulations
2) Requisites for validity
B. Quasi-judicial (adjudicatory) power
1) Administrative due process
2) Administrative appeal and review
3) Administrative res judicata
C. Fact-finding, investigative, licensing and rate-fixing powers
IV. Judicial recourse and review
1. Doctrine of primary administrative jurisdiction
2. Doctrine of exhaustion of administrative remedies
3. Doctrine of finality of administrative action
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1) Functions
2) Judicial review in administrative proceedings
3) Judicial review in penal proceedings
C. Sandiganbayan
D. Ill-gotten wealth
XIII. Term limits
Election Law
(Part 1) September 5, 2016
I. Suffrage
II. Qualification and disqualification of voters
III. Registration of voters
IV. Inclusion and exclusion proceedings
V. Political parties
A. Jurisdiction of the COMELEC over political parties
B. Registration
VI. Candidacy
A. Qualifications of candidates
B. Filing of certificates of candidacy
Effect of filing
Substitution of candidates
Ministerial duty of COMELEC to receive certificate
Nuisance candidates
Petition to deny or cancel certificates of candidacy
Effect of disqualification
Withdrawal of candidates
VII. Campaign (Part 2) September 12, 2016
A. Premature campaigning
B. Prohibited contributions
C. Lawful and prohibited election propaganda
D. Limitations on expenses
E. Statement of contributions and expenses
F. Board of Election Inspectors and Board of Canvassers
Composition
Powers
VIII. Remedies and jurisdiction in election law
1. Petition not to give due course to or cancel a certificate of candidacy
2. Petition for disqualification
3. Petition to declare failure of elections
Political Law Review
Judge Arnulfo Cabredo
Page 11
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto
IX. Prosecution of election offenses
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Nota Bene:
Schedule Monday 4:30 8:30
June 20 Constitutional Law 1 (Part 1)
June 27 Constitutional Law 1 (Part 2)
July 4 Constitutional Law 2 (Part 1)
July 11 Constitutional Law 2 (Part 2)
July 18 Administrative Law
July 25 Law on Public Officers (Part 1)
August 8 Law on Public Officers (Part 2)
Political Law Review
Judge Arnulfo Cabredo
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