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John Marshall Law Review 1051, Available at Philippine Law Journal 796, Available at
John Marshall Law Review 1051, Available at Philippine Law Journal 796, Available at
John Marshall Law Review 1051, Available at Philippine Law Journal 796, Available at
I. Description
1
I am grateful to Prof. Victoria V. Loanzon on whose syllabus some portions of this course
outline are based.
2
Ricardo A. Sunga III, BS ME (Ateneo de Manila University), LLB (University of the
Philippines) and LLM (University of New South Wales), is a Member and former Chair-
Rapporteur of the United Nations Working Group of Experts on People of African Descent,
Special Procedures of the United Nations Human Rights Council,
http://ohchr.org/EN/Issues/Racism/WGAfricanDescent/Pages/Members.aspx and
http://www.un.org/apps/news/story.asp?NewsID=54418#.V6U4jNJ97Mw viewed 6 August
2016. His research interests include the international human rights law on torture and enforced
disappearances. See, for example, Ricardo A. Sunga III, ‘The Committee on Enforced
Disappearances and Its Monitoring Procedures’ (2012), 17(1) Deakin Law Review 151, available
at http://www.deakin.edu.au/buslaw/law/dlr/docs/vol17-iss1/vol17-1-6.pdf, viewed 7 November
2012, ISSN 1 321-3660, Ricardo A. Sunga III, ‘On Locating the Rights of Lost’ (2012), 45(4)
John Marshall Law Review 1051, available at http://lawreview.jmls.edu/articles/show/54, viewed
22 November 2012, and Ricardo A. Sunga III, ‘Protecting the Children of the Lost’ (2012), 86(4)
Philippine Law Journal 796, available at http://plj.upd.edu.ph/protecting-the-children-of-the-
lost/, viewed 29 May 2013..
follow. Other class activities will be held to provide
opportunities for critical reflection.
At the end of the course, it is hoped that students will be able to:
III. Outline
A.General Matters
1. Recent Cases
2. Separation of Powers
3. Checks and Balances
4. Judicial Review
5. Citizenship
6. Fundamental Powers of the State
B.Legislative Branch
1. Legislative powers
2. Undue delegation of legislative powers: completeness
test and sufficient standard test
3. Inquiry in aid of legislation
4. Impeachment
C.Executive Branch
1. Qualified political agency
2. Commander-in-chief
a. Martial law proclamation and suspension of the
privilege of the writ of habeas corpus
b. Calling out
3. Chief administrator – appointment
4. General supervision over local governments
5. Executive clemency
D.Judicial Branch
1. Judicial review
2. Judicial and bar council
3. Presidential Electoral Tribunal
E. Bill of Rights
1. Due process
2. Right to privacy
3. Equal protection
4. Right against unreasonable searches and seizures
5. Freedom of expression
6. Right to travel
F. Other Provisions
1. Social justice, urban land reform and housing, health,
and people’s organizations
2. Education, right to quality education and academic
freedom
3. Family
4. Administrative and election law
5. Constitutional commissions
6. Ombudsman
7. Autonomy of local governments
Participation 40%
◦ Recitation, posts and other activities
Midterm Exam 30%
Final Exam 30%
V. Grading Scale
100-99 4
98-99 3.75
96-95 3.50
94-93 3.25
92-91 3.00
90-89 2.75
88-87 2.50
86-85 2.25
84-83 2.00
82-81 1.75
80-79 1.50
78-77 1.25
76-75 1.00
VI. Rubrics
Presentation Slides are error-free Slides are largely error- Slides contain errors
and logically present free and logically and lack a logical
the main components present the main progression.
of the term paper and components of the
recommendations. term paper and Major aspects of the
recommendations. analysis or
recommendations are
absent.
Visual Aids Text and material are Text and material are Text is too small and
readable and the mostly readable and diagrams or graphics
graphics highlight and graphics reiterate the confuse the audience.
support the main ideas.
main ideas.
Oral Presentation Speakers are audible Speakers are mostly Speakers are often
and fluent on their audible and fluent on
inaudible or hesitant,
topic, and do not rely their topic, and require
on notes to present or minimal referral to often speaking in
respond. notes. Speakers
respond incomplete sentences.
Speakers respond
accurately and to most questions Speakers rely heavily on
appropriately to accurately and notes. Speakers have
audience questions and appropriately. difficulty responding
comments. clearly and accurately
to
audience questions.
audience.
(A) Excellent (B) Very Good (C) Gaining (D) Not Yet
Competence Competent
Creativity and You exceed the You meet all the You meet most of You do not meet
Originality parameters of the the parameters of the parameters of
assignment, with parameters of the the assignment. the assignment.
Evidence The evidence you The evidence you Some of the Little of the
use is specific, rich, use supports your evidence evidence
varied, and claims. Quotations
unambiguously and you use does not you use supports
supports your support your your claims. Few
claims. illustrations are claims. Some of of the quotations
framed reasonably the quotations and illustrations
Quotations and effectively and are framed
explicated and illustrations effectively or
illustrations are appropriately in are not framed
framed effectively the text. effectively or explicated
and explicated appropriately in
explicated the text.
appropriately in the appropriately in
text. Secondary sources the text.
include several
academic books Secondary sources
and journals are mostly from
Secondary sources More secondary news articles and
are mostly from sources are from websites
academic books news articles and
and journals. websites than
academic books
and journals
Structure Your ideas are The reader can The reader cannot The reader cannot
presented in a always follow the follow the
logical and follow the structure of your structure of
coherent manner structure of your argument.
throughout the argument with your argument.
paper, with strong very little effort.
topic sentences to
guide the
structure of your
argument.
Clarity Your sentences are The reader can The reader cannot The reader cannot
concise and well discern your always discern discern your
crafted, and the meaning with very your meaning. meaning.
vocabulary is little effort.
precise; the reader
can effortlessly
discern your
meaning.
Mechanics There are no There are few There are some There are
distracting significant
distracting distracting
spelling, spelling, spelling, and distracting
punctuation, or punctuation,
punctuation, and/or spelling,
grammatical errors, and/or punctuation,
and grammatical grammatical
errors, and errors, and/or or grammatical
quotations are all quotations are some of the
properly cited. errors, and/or the
all properly cited. quotations are not quotations are
properly cited.
improperly cited.
VII. Secondary Sources
Philip Alston and Ryan Goodman, International Human Rights (OUP, Oxford,
2013)
Rocio Comas, ‘Gender Invisibility and the Best Interests of the Child in the
Administration of Justice: Analysis of the Request for House Arrest by Ana Maria
Fernandez’ (EIUC Thesis Awarded 2014/2015)
VIII.Schedule
Session One
A. General
Session Two
Session Three
B. Legislative Branch
C. Executive Branch
Session Four
D. Judicial Branch
E. Bill of Rights
Acuzar v. Jarolan and Apresa PLEB, G.R. No. 177878, April 7, 2010
Winston F. Garcia v. Molina and Velasco, G.R. No. 157383, August 10, 2010
The Heirs of Jolly Bugarin v. Republic, G.R. No. 174431, August 6, 2012
Carbonel v. CSC, G.R. No. 187689, September 7, 2010
Velasco v. Sandiganbayan and the People of the Philippines, G. R. No. 169253,
February 20, 2013
Viveres and Suzara v. St. Theresa’s College, G.R. No. 202666, September 29,
2014.
Garcia v. Hon. Drilon et al., G.R. No. 179267, June 25, 2013
NAPOCOR v. Pinatubo Commercial, G. R. no. 179006, March 26, 2010
Biraogo v. The Philippine Truth Commission of 2010 et al., G.R.Nos.192935 and
193036, December 7, 2010
Stonehill v. Diokno, 20 SCRA 388 (1967)
People v. Belocura, G.R. No. 173474, August 29, 2012
People v. Ronaldo de Guzman, G.R. No. 186498, March 26, 2010
HPS Software and Communication Corp. and Yap v. PLDT, et al., G.R. No.
170217, 170694, December 10, 2012
Sales v. People, G.R.No. 191023, February 6, 2013
People v. Ngik Bun, Kwok Wai Cheng et al., G.R. No. 180452, January 10, 2011
People v. Buenaventura G.R. No. 184807, November 23, 2011
Fajardo v. People, G.R. no. 190889, January 10, 2011
United Laboratories, Inc. v. Isip, 461 SCRA 574 (2005)
Valmonte v. De Villa, 178 SCRA 211 (1989)
People v. Dequina et al., G.R. no. 177570, January 19, 2011
People v. Johnson, 348 SCRA (2000)
People v. Macarios, G.R. no. 188611, June 16, 2010
People v. Marti, 193 SCRA 57 (1991)
Pollo v. Chairperson Constantino-David, et al., G.R. No. 181881, October 18,
2011
In re: Macasaet, 561 SCRA 395
Flor v. People, 454 SCRA 440(2005)
Vasquez v. Court of Appeals, 314 SCRA 460
Social Weather Station v. COMELEC, 357 SCRA 504 (2001)
Soriano v. Laguardia, 587 SCRA 79
Gonzales v. Kalaw- Katigbak, 137 SCRA 717
David v. Macapagal-Arroyo, 489 SCRA 160 (2006)
Southern Hemisphere Engagement Network, Inc., v. Anti-Terrorism Council, et al.,
G.R. No.178552, October 5, 2010
GMA Network, Inc. v. Bustos, 504 SCRA 638 (2006)
Binay v. Secretary of Justice, 501 SCRA 312 (2006)
Session Five
OCA v. Judge Ignacio B. Macarine, A.M. No. MTJ-10-1770, July 18, 2012
Gudani v. Senga, 498 SCRA 671 (2006)
Fr. Roberto P. Reyes v. Sec. Gonzales, G. R. No. 182161, December 31, 2009
CENPEG v. COMELEC, G.R. No. 189546, September 21, 2010
Senate of the Philippines v. Ermita, 488 SCRA 1 (2006)
Neri v. Senate Committees 549 SCRA 77 (2008)
Antolin v. Abelardo R. Domondon, et al., G.R. No. 165036. July 5, 2010
Bayan Muna v. Ermita, 488 SCRA 226 (2006)
IBP v. Mayor Atienza, G.R. No.175241, Feb. 24, 2010
GSIS and Garcia v. Villaviza et al., G. R. No. 180291, July 27, 2010
People v. Lucero, G.R. No. 188705, March 2, 201
Ho Wai Ping v. People, G.R. No. 176229, October 19, 2011
People v. Lauga, G.R. No. 186228, 15 March 2010
Session Six
Session Seven
F. Other Provisions
Session Eight