CONSTITUTIONAL LAW REVIEW COURSE OUTLINE

CONSITUTIONAL LAW 1

The Constitution
DEFINITION, NATURE AND CONCEPTS
Political Law
Constitutional Law
Classification of Constitutions
Basic Principles of Constitutional Interpretation
Types of Judicial Review

PARTS OF THE CONSTITUTION

AMENDMENTS AND REVISION

Amendment
Revision
Difference between Amendment and Revision
Legal Tests
Steps in the Amendatory Powers
Summary of the Two Stages of Amendatory/Revision Process
Table of cases Re. Constitutional Amendments and Changes in Government

SELF-EXECUTING AND NON SELF-EXECUTING PROVISIONS

GENERAL PROVISIONS

General Considerations
NATIONAL TERRITORY
Scope
Treat Limits of the Philippine Archipelago

DOCTRINE FOR SOVEREIGN IMMUNITY

State
Bases
Concepts
How States Consent is given
Synthesis of Rules on suing gov’t agencies

PRINCIPLES AND POLICIES

SEPARATION OF POWERS
CHECKS AND BALANCES

DELEGATION FOR POWERS

Tests for valid delegation of powers

FORMS OF GOVERNMENT
Definition
Dejure and De facto government

1. LEGISLATIVE DEPARTMENT

Who may exercise legislative powers

HOUSE OF CONGRESS
Composition qualifications and term of office

LEGISLATIVE PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

Privileges
Disqualifications
Duty to Disclose

QUORUM AND VOTING MAJORITIES

Quorum

VOTING MAJORITIES

DISCIPLINE OF MEMBERS

ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

Electoral Tribunal
Commission on Appointments

POWERS OF CONGRESS
Inherent Powers
Legislative Powers
Non-Legislative Powers (Scope)
Specific Powers
Legislative
Limitations on Revenue, Appropriations and Tariff Measures
Non-legislative
2. EXECUTIVE DEPARTMENT
THE PRESIDENT
Qualifications
Election

PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

PRIVILIGES

VICE PRESIDENT
Prohibition

POWERS
Executive and Administrative Powers in General
Power of Appointment
Power of Control and Supervision
Military Power
Pardoning Power
Diplomatic Power
Powers relative to appropriation measures
Delegated Powers
Veto Power
Executive Privilege
Residual Powers

RULES ON SUCCESSION
President
Constitutional Duty on Congress in case of vacancy
in the office of the president and vice-president
Vice-president

3. JUDICIAL DEPARTMENT
CONCEPTS
Judicial Power
Judicial Review
Functions of Judicial Review
Operative Fact Doctrine
Moot Questions
Political Question Doctrine

SAFEGUARDS OF JUDICIAL INDEPENDENCE

JUDICIAL RESTRAINT

APPOINTMENT TO THE JUDICIARY

Synthesis of Constitutional and Statutory Classifications
Constitutional Requirements
Procedure of Appointment
Disqualification from other positions of offices

THE SUPREME COURT

Composition of the Supreme Court
En Banc and Division Cases
Procedural Rule Making
Original and Appellate Jurisdiction

JUDICIAL PRIVILEGE

4. CONSTITUTIONAL COMMISSION
INSITUTIONAL INDEPENDENCE SAFEGUARDS
Institutional Safeguards

POWER AND FUNCTIONS

Civil Service Commission
Commission on Elections
Commission on Audit

PROHIBITED OFFICES AND INTERESTS

JURISDICTION
Civil Service Commission
Commission on Election
Commission on Audit

REVIEW OF FINAL ORDERS, RESOLUTIONS AND DECISIONS

Quasi-judicial Functions
Administrative

5. CITIZENSHIP
WHO ARE FILIPINO CITIZEN

MODES OF ACQUIRING CITIZENSHIP

NATURALIZATION AND DENATURALIZATION
Naturalization
Denaturalization

DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Dual Citizenship
Dual Allegiance

LOSS AND REACQUISITION OF

FILIPINO CITIZENSHIP
Grounds for loss of citizenship
How many citizenship be reacquired
RA 9225

NATURAL-BORN CITISENS AND PUBLIC OFFICE

Natural-Born
Who must be natural born

NATIONAL ECONOMY & PATRIMONY

GOALS

REGALIAN DOCTRINE

NATIONALIST AND CITISENSHIP REQUIREMENT PROVISIONS

Citizenship requirement
Filipino first

EXPLORATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES

FRANCHISES, AUTHORITY AND CERTIFICATES FOR PUBLIC UTILITIES

Nature of the Franchise

ACQUISITION, OWNERSHIP AND TRANSFER OF PUBLIC AND PRIVATE LANDS

Private lands

PRATICE OF PROFESSION

ORGANIZATION AND REGULATION OF CORPORATION, PRIVATE AND PUBLIC

Stewardship concept

MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR

1. LEGISLATIVE DEPARTMENT

Who may exercise legislative powers

HOUSE OF CONGRESS
Composition qualifications and term of office

LEGISLATIVE PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

Privileges:
1. Salaries
- The salaries shall be determined by law
- No increase in said compensation shall take effect until after the expiration of the full term of all the
members of the senate and the HP approving such (Art VI Sec 10.)

2. Freedom from arrest

- A senator or member of the HP shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session
- Prevention suspension is not a penalty. Order to suspension under RA 3019 (Anti graft and corruption
practices act) is distinct from the power of congress to discipline its own members, and did not exclude
members of congress from its operation.
- In People v. jalosjos, the SC denied the request of cong. Jalosjos that he be allowed to attend
legislative sessions. He denial was premised on the following:
a. membership in congress does not exempt an accused from statutes and rules which apply to validly
incarcerated persons
b. one rationale behind confinement is public self-defense
c. it would amount to creation of a privileged class, without justification in reason;
d. he was provided with an office in the New bilibid prison.

3. Speech and debate clause

- No member shall be questioned nor be held liable in any other place for any speech or debate in the
congress or in any committee thereof.
- to come under the guarantee the speech or debate must be one made in Congress or in any committee
thereof. Publication of an allegedly libelous letter is not covered by the privilege
- Each house of the congress can discipline its members for disorderly conduct or behavior
- what constitutes disorderly behavior is entirely up to congress to define
The immunity, although absolute in its protection of the member of congress against suits for libel, does
not shield the member against the disciplinary authority of the congress.
Disqualifications
1. May not hold any other office or employment in the government during his term without for
forfeiting his seat.
The provision refers to an Incompatible office. Forfeiture of the seat in congress shall be automatic upon
the members assumption of such office deemed incompatible. (Adaza v. Pacana
Duty to Disclose

QUORUM AND VOTING MAJORITIES

Quorum

VOTING MAJORITIES

DISCIPLINE OF MEMBERS

ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

Electoral Tribunal
Commission on Appointments

POWERS OF CONGRESS
Inherent Powers
Legislative Powers
Non-Legislative Powers (Scope)
Specific Powers
Legislative
Limitations on Revenue, Appropriations and Tariff Measures
Non-legislative