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    This document provides an introduction to constitutional interpretation and the history of the Philippine constitution. It includes readings and discussion questions on several topics: 1. The definition of political law and important cases that discuss it such as Macariola v. Asuncion. 2. What constitutes a constitution and constitutional law. How constitutions are classified and the doctrine of constitutional supremacy. 3. The rules of constitutional interpretation and examples of key cases that demonstrate interpretive techniques. 4. The concept of judicial review and self-executing constitutional provisions. 5. An overview of the history of Philippine constitutions from the 1900s to present, including pre-1935 documents, the 1935 and 1973 constitutions

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    01-Introduction-History-Preamble

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    This document provides an introduction to constitutional interpretation and the history of the Philippine constitution. It includes readings and discussion questions on several topics: 1. The definition of political law and important cases that discuss it such as Macariola v. Asuncion. 2. What constitutes a constitution and constitutional law. How constitutions are classified and the doctrine of constitutional supremacy. 3. The rules of constitutional interpretation and examples of key cases that demonstrate interpretive techniques. 4. The concept of judicial review and self-executing constitutional provisions. 5. An overview of the history of Philippine constitutions from the 1900s to present, including pre-1935 documents, the 1935 and 1973 constitutions

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    9 views4 pages

    01 Introduction History Preamble

    Uploaded by

    maria tan
    This document provides an introduction to constitutional interpretation and the history of the Philippine constitution. It includes readings and discussion questions on several topics: 1. The definition of political law and important cases that discuss it such as Macariola v. Asuncion. 2. What constitutes a constitution and constitutional law. How constitutions are classified and the doctrine of constitutional supremacy. 3. The rules of constitutional interpretation and examples of key cases that demonstrate interpretive techniques. 4. The concept of judicial review and self-executing constitutional provisions. 5. An overview of the history of Philippine constitutions from the 1900s to present, including pre-1935 documents, the 1935 and 1973 constitutions

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    of 4

    Introduction

    Constitutional Interpretation

    Readings

    Generally: Bernas, pp. 1-13


    Definition of Political Law

    Macariola v. Asuncion (1982) – Facts, and Part II

    Constitutional classification, parts


    Mutuc vs. Comelec, 36 SCRA 228 (1970)

    Alih et., al., vs. Castro, 151 SCRA 279 (1987)

    Manila Prince Hotel v. GSIS, GR 122156, Feb. 3, 1997

    Interpretation
    Civil Liberties Union v. Executive Secretary

    Francisco vs. HR, G.R. No. 160261, November 10, 2003 (Exclude Judicial Review)

    Perfecto v. Meer, 85 Phil. 552

    Endencia v. David, 93 Phil. 696

    Nitafan v. Commisioner of Internal Revenue, 152 SCRA 284

    Self-Executing provisions
    Oposa v. Factoran, (See summary in Bernas, pp.40-43), G.R. No. 101083, 30 July 1993.

    Manila Prince Hotel

    Questions:
    What is political law? Why was it important to define political law in Macariola?
    Was the Spanish Code of Commerce part of Political law?
    What is a Constitution?
    What is Constitutional law?
    How are Constitutions classified?
    What is the doctrine of Constitutional Supremacy? How was it used in Mutuc? In Alih?
    What are the rules of Constitutional interpretation?
    What provisions were under consideration in the cases assigned?
    How did the Court use the interpretation techniques?
    Is it important to use the Records of the Constitutional Commission?

    What are self-executing provisions?

    What is the concept of Judicial Review?

    History of the Philippine Constitution

    Readings

    Constitutional History
    http://www.constitutionnet.org/country/constitutional-history-philippines

    Pre-1935 Constitution:
    Have a general idea of the following:

    - Schurman Commission;
    - Taft Commission;
    - Spooner Amendment;
    - Philippine Bill of 1902;
    - Jones Law of 1916; and the
    - Tydings-McDuffie Act of 1934

    Cases:
    US v. Bull (1910) (Selected)

    1935 Constitution

    Mabanag v. Lopez Vito

    Circumstances of the Declaration of Martial Law

    Aquino v. Enrile, 59 SCRA 183

    1973 Constitution

    Javellana v. Executive Secretary, 50 SCRA 33


    1986 Snap Presidential Election

    Philippine Bar Association. v. Comelec, 140 SCRA 455

    People Power Revolt

    Proclamation No. 1, Feb. 25, 1986

    Proc. No. 3, Mar. 25, 1986

    Lawyers League v. Aquino, GR 73748, May 22, 1986

    In re: Bermudez, 145 SCRA 160, G.R. No. 76180, October 24, 1986

    Freedom Constitution

    1987 Constitution

    In re: Letter of Reynato Puno, A.M. No. 90-11-2697-CA June 29, 1992 June 29, 1992, 210 SCRA

    Effectivity of the 1987 Constitution

    De Leon v. Esguerra, 153 SCRA 602

    Continuity of barangay officials

    (Also, Planas v. COMELEC,1973 amendments)

    Sanidad v. COMELEC,

    Occena v. COMELEC, 1981 amendments to the 1973 Constitution)

    Questions:
    What was the supreme law when the Philippines was under the United States and until 1935?

    What was the relationship between the Philippine Commission and the United States Constitution?

    How would you compare the circumstances that brought about the different Constitutions? What does it tell you
    about our history?

    Preamble (Memorize)

    Questions:
    Is the Preamble important?

    What do the provisions of our Preamble tell us?

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