Constitutional Law-I A Guide For Lecture, Recitation & Discussion FOR AUGUST 18, 2021

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CONSTITUTIONAL LAW-I

A GUIDE FOR LECTURE, RECITATION & DISCUSSION


FOR AUGUST 18, 2021

1. COURSE DESCRIPTION
This course is a 3-unit subject covering the basic principles dealing with the STRUCTURE
and POWERS of the government of the Republic of the Philippines. Unless otherwise
provided, this class will be conducted ON-LINE every Wednesday from 6:00PM-9:00PM,
a three (3) hours session.

2. COURSE OBJECTIVE
Upon completion of the course, students of Constitutional Law-I, ISU College of Law,
should be able to familiarize, if not to acquire mastery on the following constitutional
provisions:
a) National Territory;
b) Declaration of State Principles and Policies;
c) Functions of the Legislative, Executive and Judicial Departments, including the
Constitutional Bodies;
d) Principles of Checks and Balances, and,
e) Process of Amending, Revision and Ratification of the Constitution.

3. BASIS OF THE STUDY


The principal BASIS of the study of Constitutional Law-I is the present Constitution of the
Philippines as adopted on Feb. 2, 1987. In addition, the students should consider
pertinent statutes, executive orders and decrees, and judicial decisions, as well as
current political events in which the purposes of the law are applied (or misapplied).
(Cruz, Phil. Pol. Law, 2014, p. 2).

4. SCOPE OF POLITICAL LAW


In the present law curriculum prescribed by the Supreme Court, Political Law embraces
Constitutional Law I & II, the Law of Public Officers, Election Law, and the Law on
Municipal Corporation (Cruz, Phil. Pol. Law, 2014, p.1)

5. PRELIMINARY MATTERS
a) Definition of Political Law
b) Definition of Constitutional Law
c) Political Law vs. Constitutional Law

CONSTITUTIONAL LAW-I (OUR SUBJECT)


A. Constitution
a.1 Definition
` a.2 Classification
a.3 Essential Qualities of a Good Constitution
a.4 Essential Parts of a good written Constitution

B. Philippine Constitution
1. History
a) Malolos Constitution
b) Treaty of Paris, Dec. 10, 1898
c) Schurman Commission (First Philippine Commission)
d)Taft Commission (Second Philippine Commission)
e) Spooner Amendment, July 4, 1901
f) Philippine Bill of July 01, 1902
g) Jones Law (Philippine Autonomy Act, 1916)
h) Tydings-McDuffie Act of March 24, 1934 (Philippine Independence Act)
i) 1935 Constitution (3 amendments)
j) Japanese Occupation
k)1973 Constitution
l) Freedom Constitution (Proc. No. 3, March 25, 1986
Case: De Leon vs. Esguerra, GR NO. 78059, Aug. 31, 1987.

2. Interpretation/Construction
Cases: Francisco vs. House of Representatives, GR. NO. 160261, Nov. 10, 2003
Gamboa vs. Teves, GR NO. 176579, June 28, 2011
Pamatong vs. COMELEC, 427 SCRA 96 (2004)

3.Doctrine of Constitutional Supremacy

4.Effect of Declaration of Unconstitutionality

5.Political vs. Justiciable questions

6.IMPORTANT PRINCIPLES
a) Separation of Powers
b) Checks and Balances
c) Inherent Powers of Government
d) Immunity from Suit
e) Power of Judicial Review

7.Preamble

8.Art. I, National Territory


a) Definition of Territory
b) Philippine Archipelago
c) Concept of Archipelago Doctrine
d) Other territories over which the Phil. has sovereignty or jurisdiction
e) The territorial sea, the seabed, the subsoil, insular shelves, submarine
areas
f) 200 mile exclusive economic zone
c) United Nations Convention of the Law of the Sea (UNCLOS)
d) Sabah, North Borneo claim
e) West Philippine Sea claim

*** END! Comm. Armando C. Velasco

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