Consti 1 Art. I and II Syllabus

as of August 25, 2021_Conti.
I_Arts 1 & 2
UNIVERSITY OF MAKATI
SCHOOL OF LAW
CONSTITUTIONAL LAW I – SYLLABUS
[FIRST SEMESTER, SY 2021-22]
Basic References:
Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary, 2009 Edition.
Joaquin G. Bernas, S.J., The Intent of the 1986 Constitution Writers, 1995.
ARTICLE I. The National Territory
Validity of R.A. 9255 (New Baselines Law of 2009)

*Magallona v. Exec. Sec. Ermita, GR 187167, August 16, 2011 (Valid law)
*PCA Case No. 2013-19, In the Matter of the South China Sea Arbitration, 12 July 2016
ARTICLE II. Declaration of Principles and State Policies
Preliminary issue: Legal Value of Article II; Self-executing or Non-self-executing?
*Kilosbayan v. Morato – 246 SCRA 540 [1995] and MR-250 SCRA 130 [1995]
(Mere guidelines; in relation to A2, Sec. 5)
Tondo Medical v. CA – 527 SCRA 746 [2007] (Not self-executory)
BCDA v. COA – 580 SCRA 295 [2009] (Not a source of rights)
Espina v. Exec. Sec. Zamora, Jr. – 631 SCRA 17 [2010] (Not self-executory; in relation to
A2, Sec. 19)
*Ocampo v. Rear Admiral Enriquez, GR 225973, November 8, 2016 (Not self-executory;
in relation to A2, Secs. 2, 11, 13, 23, 26, 27 & 28 ; A3, Sec. 1, A7, Sec. 17; A11, Sec. 1;
A14, Sec. 3 (2) ; & A18, Sec. 26)
Sec. 1. Philippines as a Democratic and Republican State
People
Territory
Government
Functions of Government:
Constituent v. Ministrant
Bacani v. NACOCO – 100 PHIL. 468 [1956] (Government; functions;
incorporated)
Incorporated
Bacani v. NACOCO – 100 PHIL. 468 [1956] (Government; functions;
incorporated)
as of August 25, 2021_Conti. I_Arts 1 & 2
Unincorporated
*ACCFA v. CUGCO – 30 SCRA 649 [1969] (Government; functions; read
with Bacani v. NACOCO)
PVTA v. CIR – 65 SCRA 416 [1975] (Government; functions)
Republic v. Judge of CFI of Rizal – 99 SCRA 660 [1980] (Government;
functions)
Examples of governmental exercise of its functions through corporations or

instrumentalities
Government-owned or controlled corporations
*VFP v. Reyes – 483 SCRA 526 [2006] (Government; sovereign function)
*Ramiscal v. Sandiganbayan – 499 SCRA 375 [2006] (Government; GOCC;
AFP-RSBS)
Alzaga v. Sandiganbayan – 505 SCRA 848 [2006] (Government; GOCC;
AFP-RSBS)
Javier v. Sandiganbayan – 599 SCRA 324 [2009] (Private sector
representative to National Book Development Board; governmental)
Instrumentalities
*MIAA v. CA – 495 SCRA 591 [2006] (Government instrumentality vested
with corporate powers; not GOCC)
Boy Scouts of the Philippines v. COA – 651 SCRA 146 [2011] (Public
corporation; in relation to A2, Sec. 13)
*Funa v. MECO and COA, GR 193462, February 4, 2014 (MECO not
GOCC; sui generis character)
Laya v. PVB, GR 205813, January 10, 2018 (PVB is a government
instrumentality with a juridical personality; status of employees)
Metropolitan v. Quezon City, GR 194388, November 7, 2018 (reiterates
MIAA case; in relation to exemption from real property tax)
Quasi-public corporations
*Phil. Society v. COA – 534 SCRA 112 [2007] (Quasi-public corporation;
private but with public character; charter test not applicable)
State universities
Serana v. Sandiganbayan – 542 SCRA 224 [2008] (U.P. Board of Regents
student nominee; governmental)
De Jure and De Facto Government:

*Co Kim Cham v. Valdez Tan Keh – 75 PHIL. 113 [1945] (Government; de facto;
under Japanese Imperial Army; Philippine government in exile)
Letter of Associate Justice Puno – 210 SCRA 588 [1992] (Cory revolutionary
government as de jure in character)
*Republic v. Sandiganbayan, GR 104768, July 21, 2003 (Rights of citizens during
interregnum in the absence of a Constitution)
Sovereignty
People v. Gozo – 53 SCRA 476 [1973] (Auto-limitation)
Sec. 2. International Law and Philippine Municipal Law
Adoption of International Law and the doctrine of incorporation

As applied to:
Treaties and Agreements

*Kuroda v. Jalandoni – 83 PHIL. 171 (International humanitarian law and
generally accepted principles of international law)
*Tañada v. Angara – 272 SCRA 18 [1997] (GATT-WTO; pacta sunt servanda;
doctrine of incorporation)
Recognition of foreign judgments as a general principle of law

*Mijares v. Ranada, GR 139325, April 12, 2005 (enforcement of
judgment
in favor of Marcos human rights victims rendered by a foreign court)
Soft law
*Pharmaceutical v. DOH, GR 173034, October 9, 2007 (World Health Assembly
guidelines; not a treaty)
*Knights of Rizal v. DMCI, GR 213948, April 25, 2017 (Venice Charter as mere
guidelines; in relation to A12, Sec. 10 and A14, Sec. 15)
Adherence to peace, freedom, amity
Sec. 3. Civilian Supremacy

*IBP v. Exec. Sec. Zamora, Jr., GR 141284, August 15, 2000 (Deployment of
marines)
Role of the Armed Forces
Sec. 4. Duty of Government to the People
Sec. 5. Maintenance of Peace and Order
Sec. 6. Separation of Church and State
Sec. 7. Independent Foreign Policy
Sec. 8. Freedom from Nuclear Weapons
Sec. 9. Social Order

Sec. 10. Social Justice
Sec. 11. Personal Dignity and Human Rights
Sec. 12. Family Life; Mother; Unborn
Family
Unborn
Roe v. Wade – 410 US 113 [1973] (Right to life v. abortion policy)
*Imbong v. Ochoa, GR 204819, April 8, 2014 (Reproductive Health law; in
relation to A2, Sec. 15)
Rights and Duties of Parents / Aid from Government

Meyer v. Nebraska – 262 US 390 [1922] (Language)
Pierce v. Society of Sisters – 262 US 510 [1925] (Public schooling)
*Wisconsin v. Yoder – 40 LW 4476 [1972] (Compulsory education)
Ginsberg v. New York – 390 US 629 [1968] (Parens patriae and obscenity law)
*SPARK et. al. v. Quezon City, GR 225442, August 8, 2017 (curfew ordinances)
Sec. 13. Vital Role of Youth
Sec. 14. Role of Women and Equality of Men and Women

*Garcia v. Drilon, GR 173267, June 25, 2013 (VAWC is non-discriminatory)
Sec. 15. Right to Health
Sec. 16. Right to a Balanced and Healthful Ecology

*Oposa v. Factoran – 224 SCRA 792 [1993] (Inter-generational justice and
responsibility)
LLDA v. CA – 231 SCRA 292 [1994] and 251 SCRA 42 [1995] (Water
pollution)
Environmental Writs
MMDA v. Concerned Resident, GR 171947, December 18, 2008 (Continuing
mandamus)
*Arigo v. Swift – GR 206510, September 16, 2014 (Writ of kalikasan)
Paje v. Casiño – 749 SCRA 39 [2015] (Writ of kalikasan)
*West Tower v. PIC – 798 SCRA 292 [2015] (Precautionary principle not applied)
*International Service v. Greenpeace, GR 209271, December 8, 2015 and MR, July
26, 2016 reversing 1st judgment (Genetically modified organisms)
LNL Archipelago v. Agham Party List, GR 2091651, April 12, 2016 (Writ of
kalikasan not applied)
Sec. 17. Education, Science and Technology, Arts, Culture and Sports
Sec. 18. Labor Protection
Sec. 19. Self-Reliant and Independent National Economy

*Garcia v. BOI – 191 SCRA 288 [1990] (Independent policy; read with Tanada v.
Angara)
Sec. 20. Role of Private Sector
Sec. 21. Promotion of Comprehensive Rural and Agrarian Policy
Sec. 22. Promotion of Rights of Indigenous Cultural Communities
Sec. 23. Community-based Private Organizations
Sec. 24. Vital Role of Communications
Sec. 25. Local Autonomy
Sec. 26. Equal Access to Political Opportunities and Political Dynasties

*Pamatong v. COMELEC – 427 SCRA 96 [2004] (Mere privilege, not a right)
Marquez v. COMELEC, GR 244274, September 3, 2019 (nuisance candidate)
Sec. 27. Honesty and Integrity in Public Service
Sec. 28. Full Public Disclosure
*Philippine Savings Bank and Pascual M. Garcia, III v. Senate Impeachment

Court, GR 200238, February 9, 2012 (Secrecy of foreign currency deposit; in
relation to A11, Sec. 3)
*In Re: Production of Court Records, February 14, 2012 (Rule laid down for
disclosure of court records; in relation to A11, Sec. 3)

Consti 1 Art. I and II Syllabus

Uploaded by

Copyright:

Available Formats

Consti 1 Art. I and II Syllabus

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Consti 1 Art. I and II Syllabus

Uploaded by

Copyright:

Available Formats

as of August 25, 2021_Conti.

ARTICLE I. The National Territory

Validity of R.A. 9255 (New Baselines Law of 2009)

ARTICLE II. Declaration of Principles and State Policies

Preliminary issue: Legal Value of Article II; Self-executing or Non-self-executing?

Sec. 1. Philippines as a Democratic and Republican State

Examples of governmental exercise of its functions through corporations or

De Jure and De Facto Government:

Sec. 2. International Law and Philippine Municipal Law

Adoption of International Law and the doctrine of incorporation

Treaties and Agreements

Recognition of foreign judgments as a general principle of law

Adherence to peace, freedom, amity

Sec. 3. Civilian Supremacy

Role of the Armed Forces

Sec. 4. Duty of Government to the People

Sec. 5. Maintenance of Peace and Order

Sec. 6. Separation of Church and State

Sec. 7. Independent Foreign Policy

Sec. 8. Freedom from Nuclear Weapons

Sec. 9. Social Order

Sec. 10. Social Justice

Sec. 11. Personal Dignity and Human Rights

Sec. 12. Family Life; Mother; Unborn

Rights and Duties of Parents / Aid from Government

Sec. 14. Role of Women and Equality of Men and Women

Sec. 15. Right to Health

Sec. 16. Right to a Balanced and Healthful Ecology

Sec. 19. Self-Reliant and Independent National Economy

Sec. 20. Role of Private Sector

Sec. 21. Promotion of Comprehensive Rural and Agrarian Policy

Sec. 22. Promotion of Rights of Indigenous Cultural Communities

Sec. 23. Community-based Private Organizations

Sec. 24. Vital Role of Communications

Sec. 25. Local Autonomy

Sec. 26. Equal Access to Political Opportunities and Political Dynasties

Sec. 27. Honesty and Integrity in Public Service

Sec. 28. Full Public Disclosure

*Philippine Savings Bank and Pascual M. Garcia, III v. Senate Impeachment

You might also like