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Course Outline and Additional Reading Constitutional Law Ii
Course Outline and Additional Reading Constitutional Law Ii
Course Outline and Additional Reading Constitutional Law Ii
For
CONSTITUTIONAL LAW II
(Constitutional Law Review II/Political Law Review II)
(Bill of Rights ,Citizenship and Suffrage)
SY2021-2022
CARLO L. CRUZ
Secondary Textbook – CONSTITUTIONAL LAW, Justice Isagani A. Cruz and Carlo L. Cruz,
2015 Edition
PHILIPPINE POLITICAL LAW, Justice Isagani A. Cruz and Carlo L. Cruz, 2014
Edition
Chapter 1 – INTRODUCTION
Definition
Purposes
The Supremacy of the Constitution
Essential Qualities of the Written Constitution
Essential Parts of the Written Constitution
Permanence of the Constitution
Interpretation
Amendment or Revision
Philippine Political Law, Cruz and Cruz, 2014 Edition, Chapter 18
Procedure
Proposal
Ratification
Judicial Review of Amendments
The 1987 Constitution
Voting
Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 485-490
1
Theory of Relative Unconstitutionality
Central Bank Employees Association v. Bangko Sentral, G.R. No. 148208, December 15, 2004
Partial Unconstitutionality
Similarities
Differences
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
Aquino v. Municipality of Malay, Aklan, G.R. No. 211356, September 29, 2014
Limitations
Characteristics
The Provincial Bus Operators Association of the Philippines v. Department of
Labor and Employment, G.R. No. 202275, July 17, 2018
Lawful Subject
Lawful Means
Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc.,
G.R. No. 189185, August 16, 2016
2
Who May Exercise
PNOC Alternative Fuels Corporation v. National Grid Corporation of the
Philippines, G.R. No. 224936, September 4, 2019
Necessity of Exercise
Private Property
Republic v. Sps. Llamas, G.R. No. 194190, January 25, 2017
Gatchalian v. Flores, G.R. No. 225176, January 19, 2018
Taking
Heirs of Pablo Feliciano Jr. v. Land Bank of the Philippines, G.R. No.
215290, January 11, 2017
Bartolata v. Republic, G.R. No. 223334, June 7, 2017
National Transmission Corporation v. Oroville Development
Corporation, G.R. No. 223366, August 1, 2017
The Manila Banking Corporation v. Bases Conversion and Development
Authority, G.R. No. 230144, January 22, 2018
Republic v. Sps. Alforte, G.R. No. 217051, August 22, 2018
Public Use
Republic v. Sps. Llamas, G.R. No. 194190, January 25, 2017
Apo Fruits Corporation v. The Land Bank of the Philippines, G.R. Nos. 217985-
96, March 21, 2018
Just Compensation
Republic v. Macabagdal, G.R. No. 227215, January 10, 2018
Yared v. Land Bank of the Philippines, G.R. No. 213945, January 24, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243, January 24, 2018
Rebadulla v. Republic, G.R. No. 222159, January 31, 2018
Land Bank of the Philippines v. Alcantara, G.R. No. 187423, February 28, 2018
Apo Fruits Corporation v. The Land Bank of the Philippines, G.R. Nos. 217985-
96, March 21, 2018
Land Bank of the Philippines v. Herederos de Ciriaco Chunaco Distileria, Inc.,
G.R. No. 206992, June 11, 2018
Felisa Agricultural Corporation v. National Transmission Corporation, G.R. No.
231655, July 2, 2018
National Transmission Corporation v. Lacson-De Leon, G.R. No. 221624, July 4,
2018
Land Bank of the Philippines v. Prado Verde Corporation, G.R. No. 208004/G.R.
No. 208112/G.R. No. 210243, July 30, 2018
Republic v. Macabagdal, G.R. No. 227215, January 10, 2018
The Manila Banking Corporation v. Bases Conversion and Development
Authority, G.R. No. 230144, January 22, 2018
Odiamar v. Valencia, G.R. No. 213582, September 12, 2018
Republic v. Sps. Legaspi, G.R. No. 221995, October 3, 2018
Maravilla v. Bugarin, G.R. Nos. 226199 and 227242-54, October 1, 2018
Republic v. Jose Gamir-Consuelo Diaz Heirs Association, Inc., G.R. No. 218732,
November 12, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243, January 24, 2018
Republic v. Sps. Silvestre, G.R. No. 237324, February 6, 2019
3
Republic v. Fetalvero, G.R. No. 198008, February 4, 2019
Land Bank of the Philippines v. Lucy Grace and Elma Gloria Franco, G.R. No.
203242, March 12, 2019
Land Bank of the Philippines v. Briones-Blanco, G.R. No. 213199, March 27,
2019
National Transmission Corporation v. Bermuda Development Corporation,
G.R No. 214782, April 3, 2019
JMA Agricultural Development Corporation v. Land Bank of the Philippines,
G.R. No. 206026, July 10, 2019
Republic v. Barcelon, G.R. No. 226021, July 24, 2019
Republic v. Sps. Darlucio, G.R. No. 227960, July 24, 2019
Land Bank of the Philippines v. Del Rosario and Del Rosario, G.R. No 210105,
September 2, 2019
Chapter 7 – TAXATION
Nature
Lim Gaw v. Commissioner of Internal Revenue, G.R. No. 222837, July 23, 2018
Commissioner of Internal Revenue v. Standard Insurance Co., Inc., G.R. No.
219340, November 7, 2018
Scope
Exercise
City of Manila v. Cosmos Bottling Corporation, G.R. No. 196681, June 27, 2018
Cruz v. City of Makati, G.R. No. 210894, September 12, 2018
Public Purpose
Tax Exemptions
Commissioner of Internal Revenue v. Transfield Philippines, Inc., G.R. No.
211449, January 16, 2019
La Sallian Educational Innovators Foundation v. Commissioner of Internal
Revenue, G.R. No. 202792, February 27, 2019
National Power Corporation v. The Province of Pangasinan, G.R. No. 210191,
March 4, 2019
International Container Terminal Services, Inc. v. The City of Manila, G.R. No.
185622, October 17, 2018
4
Origin of Due Process
Evolution of Due Process
Meaning of Due Process
Zabal v. Duterte, G.R. No. 238467, February 12, 2019
Palacios v. People, G.R. No. 240676, March 18, 2019
Person
Deprivation
Life
Liberty
Property
Substantive Due Process
Department of Transportation v. Philippine Petroleum Sea Transport
Association, G.R. No. 230107, July 24, 2018
Council of Teachers and Staff of Colleges and Universities of the Philippines v.
Secretary of Education, G.R. No. 216930, October 9, 2018
Aldovino v. Gold and Green Manpower Management and Development
Corporation, G.R. No. 200811, June 19, 2019
Cuartocruz v. Active Works, Inc., G.R. No. 209072, July 24, 2019
Jurisdiction
Express Padala [Italia] S.P.A. v. Ocampo, G.R. No. 202505,
September 6, 2017
Republic v. Sereno, G.R. No. 237428, Resolution on the Motion
for Reconsideration, June 19, 2018
Hearing
Allied Banking Corporation v. Calumpang, G.R. No. 219435,
January 17, 2018
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501,
January 22, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243,
January 24, 2018
Lagon v. Velasco, G.R. No. 208424, February 14, 2018
Appeal
5
Turks Shawarma Company v. Pajaron, G.R. No. 207156,
January 16, 2017
Albor v. Court of Appeals, G.R. No. 196598, January 17, 2018
Malcaba v. Prohealth Pharma Philippines, Inc., G.R. 209085,
June 6, 2018
Cu v. Ventura, G.R. No. 224567, September 26, 2018
Bagaporo v. People, G.R. No. 211829, January 30, 2019
People v. Cepeda, G.R. No. 229833, July 29, 2019
People v. Sison, G.R. No. 238453, July 31, 2019
Exceptions
Nuisances
Knights of Rizal v. DMCI Homes, Inc., G.R. No.
213948, April 25, 2017
North Greenhills Association, Inc. v. Atty. Morales,
G.R. No. 222821, August 9, 2017
Presumptions
Judgment
Tan v. Gumba, A.C. No. 9000, January 10, 2018
Definition
Persons Protected
Classification
Requirements
Substantial Distinctions
H. Villarica Pawnshop, Inc. v. Social Security Commission,
G.R. No. 228087, January 24, 2018
Pasok v. Office of the Ombudsman, G.R. No. 218413, June 6, 2018
6
Abubakar v. People, G.R. Nos. 202408, 202409, and 202412, June
27, 2018
The Provincial Bus Operators Association of the Philippines v.
Department of Labor and Employment, G.R. No.
202275, July 17, 2018
Department of Transportation v. Philippine Petroleum Sea
Transport Association, G.R. No. 230107, July 24, 2018
Reyes v. HRET, G.R. No. 221103, October 16, 2018
Council of Teachers and Staff of Colleges and Universities of the
Philippines v. Secretary of Education, G.R. No. 216930,
October 9, 2018
Scope of Protection
Examination of Applicant
Particularity of Description
People v. Santos, G.R. No. 223142, January 17, 2018
Dimal and Castillo v. People, G.R. No. 216922, April 18, 2018
7
Properties Subject to Seizure
In Re: Special Report on the Arrest of Rogelio M. Salazar, A.M. No. 15-05-136-
RTC/A.M. P-16-3450, December 4, 2018
8
Cruz v. People, G.R. No. 238141, July 1, 2019
People v. Nazareno, G.R. No. 231875, July 29, 2019
People v. Sison, G.R. No. 238453, July 31, 2019
People v. Baer, G.R. No. 228958, August 14, 2019
People v. Torres, G.R. No. 241012, August 28, 2019
Cabahug v. People, G.R. No. 209078, September 4, 2019
People v. Garcia, G.R. No. 230983, September 4, 2019
De Villa v. People, G.R. No. 224039, September 11, 2019
People v. Dizon, G.R. No. 223562, September 4, 2019
Musa v. People, G.R. No. 242132, September 25, 2019
Polangcos v. People, G.R. No. 239866, September 11, 2019
People v. Gardon-Mentoy, G.R. No. 223140, September 4, 2019
Ichon v. People, G.R. No. 228107, October 9, 2019
Purpose
Limitations
Genuino v. de Lima, G.R. No. 197930; Arroyo v. de Lima, G.R. No. 199034;
Arroyo v. de Lima, G.R. No. 199046, April 17, 2018
Sy v. Sandiganbayan, G.R. No. 237703, October 3, 2018
Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018
Zabal v. Duterte, G.R. No. 238467, February 12, 2019
Chapter 12 – FREEDOM OF RELIGION
Religion
Religion in the Constitution
Separation of Church and State
Republic v. Manalo, G.R. No. 221029, April 24, 2018
Peralta v. Philippine Postal Corporation, G.R. No. 223395, December 4, 2018
Religious Tests
Importance
Scope
Modes of Expression
9
Elements
Freedom from Censorship
Tordesillas v. Puno, G.R. No. 210088, October 1, 2018
Loida Nicolas-Lewis v. COMELEC, G.R. No. 223705, August 14,
2019
Right of Association
Cezar Yatco Real Estate Services, Inc. v. Bel-Air Village Association, Inc. G.R.
No. 211780, November 21, 2018
GSIS Family Bank Employees Union v. Villanueva, G.R. No. 210773, January
23, 2019
Slord Development Corporation v. Noya, G.R. No. 232687, February 4, 2019
Access to Information
Contract
Law
Obligation
Impairment
Limitations
10
Venezuela v. People, G.R. No. 205693, February 14, 2018
Presidential Commission on Good Government v. Gutierrez, G. R. No.
189800, July 9, 2018
Inmates of the New Bilibid Prison v. de Lima, G.R. No. 212719, June 25,
2019
Kinds
Characteristics
Bill of Attainder
Characteristics
Debt
Crime
Poll Tax
Definition
Exceptions
Application
When Available
Osorio v. Navera, G.R. No. 223272, February 26, 2018
Agcaoili v. Fariñas, G.R. No. 232395, July 3, 2018
Masbate v. Relucio, G.R. No. 235498, July 30, 2018
In Re: The Writ of Habeas Corpus for Michael Labrador Abellana, G.R.
No. 232006, July 10, 2019
Procedure
Grounds for Suspension
The Ilagan Case
Writ of Amaparo
11
Escobar v. People, G.R. Nos. 228349 and 228353, September 19, 2018
Salcedo v. Sandiganbayan, G.R. Nos. 223869-960, February 13, 2019; see also People v.
Sandiganbayan, G.R. Nos. 233557-67, June 19, 2019
People v. Sandiganbayan [5th Division], G.R. No. 233063, February 11, 2019
Park v. Choi, G.R. No. 220826, March 27, 2019
Revuelta v. People, G.R. No. 237039, June 10, 2019
People v. Sandiganbayan, G.R. Nos. 233557-67, June 19, 2019
Bautista v. Sandiganbayan, G.R. Nos. 238579-80, July 24, 2019
Binay v. Office of the Ombudsman, G.R. No. 213957-58, August 7, 2019
People v. Sandiganbayan [1st Division], G.R. No. 229656, August 19, 2019
People v. Sandiganbayan, G.R. No. 232737, October 2, 2019
Self-Incrimination
Scope
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501, January 22,
2018
Fajardo v. People, G.R. No. 239823, September 25, 2019
When Available
Waiver
Custodial Investigation
People v. Golidan, G.R. No. 205307, January 11, 2018
People v. Paris and Fernandez, G.R. No. 218130, February 14, 2018
People v. Manzanero, G.R. No. 216065, April 18, 2018
Managuelod v. People, G.R. No. 208114, October 3, 2018
Porteria v. People, G.R. No. 233777, March 20, 2019
People v. Mabalato, G.R. No. 227195, July 29, 2019
Bail
Napoles v. Sandiganbayan, G.R. No. 224162, February 6, 2018
Altobano-Ruiz v. Pichay, A.M. No. MTJ-17-1893 [Formerly OCA LP.I. No. 15-
2773-MTJ], February 19, 2018
Extra Excel International Philippines, Inc. v. Cajigal, G.R. No. A.M. No. RTJ-18-
2523, June 6, 2018
Rodriguez v. Noel, A.M. No. RTJ-18-2525, June 25, 2018
Revilla v. Sandiganbayan, G.R. No. 218232, July 24, 2018
Recto v. People, G.R. No. 236461, December 5, 2018
Salcedo v. Sandiganbayan, G.R. Nos. 223869-960, February 13, 2019
Padua and Pimentel v. People, G.R. No. 220913, February 4, 2019
12
People v. Tanes, G.R. No. 240596, April 3, 2019
Presumption of Innocence
People v. Hilario, G.R. No. 210610, January 11, 2018
People v. Zaragoza, G.R. No. 223142, January 17, 2018
People v. Amarela, G.R. Nos. 225642-43, January 17, 2018
People v. Ramirez and Lachica, G.R. No. 225690, January 17, 2018
People v. de Guzman, G.R. No. 219955, February 5 2018
Gonzalez v. People, G.R. No. 225709, February 14, 2018
People v. Alboka, G.R. No. 212195, February 21, 2018
People v. Luna, G.R. No. 219164, March 21, 2018; see People v. Supat, G.R. No.
217027, June 6, 2018; see also People v. Patricio, G.R. No.202129, July 23,
2018
People v. Calates, G.R. No. 214759, April 4, 2018
People v. Mola, G.R. No. 226481, April 18, 2018
People v. Callejo, G.R. No. 227427, June 6, 2018
People v. San Jose, G.R. No. 179148, July 23, 2018
People v. Abdula, G.R. No. 212192, November 21, 2018
People v. Gumban, G.R. No. 224210, January 23, 2019
People v. Molde, G.R. No. 228262, January 21, 2019
People v. Ameril, G.R. No. 222192, March 13, 2019
People v. Briones, G.R. No. 239077, March 20, 2019
Constantino v. People, G.R. No. 225696, April 8, 2019
People v. Padilla, G.R. No. 234947, June 19, 2019
People v. Dela Cruz, G.R. No. 229053, July 17, 2019
De Guzman v. People, G.R. No. 240475, July 24, 2019
People v. Omamos, G.R. No. 223036, July 10, 2019; see also People v.
Galuken, G.R. No. 216754, July 17, 2019
Polangcos v. People, G.R. No. 239866, September 11, 2019
People v. Ordiz, G.R. No. 206767, September 11, 2019
Right to Be Heard
Assistance of Counsel
13
Reyes v. People, G.R. No. 232678, July 3, 2019
Santiago v. People, G.R. No. 213760, July 1, 2019
People v. Cubay, G.R. No. 224597, July 29, 2019
People v. Solar, G.R. No. 225595, August 6, 2019
Musa v. People, G.R. No. 242132, September 25, 2019
People v. Eulalio, G.R. No. 214882, October 16, 2019
Co v. People, G.R. No. 233015, October 16, 2019
The Trial
People v. Macasaet, G.R. Nos. 196094/196720, March 5, 2018
People v. Domingo, G.R. No. 204895, March 21, 2018
Villa v. Fernandez, G.R. No. 219548, October 17, 2018
Office of the Court Administrator v. Judge Dumayas, A.M. No. RTJ-15-2435,
March 6, 2018
Anonymous v. Judge Buyucan, A.M. No. MTJ-16-1879, July 24, 2018
Trial in Absentia
Compulsory Process
Prohibited Punishments
People v. Alapan, G.R. No. 199527, January 10, 2018
Punongbayan-Visitacio v. People, G.R. No. 194214, January 10, 2018
People v. Reyes, G.R. No. 224498, January 11, 2018
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501, January 22, 2018
People v. Bauit, G.R. No. 223102, February 14, 2018
People v. Jaime, G.R. No. 225332, July 23, 2018
In re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, in
relation to Hernan v. Sandiganbayan, G.R. No. 237721, July 31, 2018; see
also Samuel Saganib, Petitioner, G.R. No. 240347, August 14, 2018;
Emalyn Montillano, Petitioner, G.R. No. 240563, August 14, 2018
Double Jeopardy
Yumul-Espina v. Tabaquero, A.C. No. 11238, September 21, 2016
Corpus v. Judge Pamular, G.R. No. 186403, September 5, 2018
People v. Ting, G.R. No. 221505, December 5, 2018
People v. Acosta, G.R. No. 238865, January 28, 2019; Trinidad v. People, G.R. No.
239957, February 18, 2019
Requisites
Complaint or Information
Ongkiko v. Sugiyama, G.R. No. 217787, September 18, 2019
Competent Court
Office of the Court Administrator v. Judge Salvador, A.M. No.
RTJ-19-2562 [Formerly A.M. No. 18-10-234-RTC], July 2,
2019
14
Valid Plea
AAA v. BBB, G.R. No. 212448, January 11, 2018
Termination of Case
People v. Patricio, G.R. No.202129, July 23, 2018
People v. Alvaro, G.R. No. 225596, January 10, 2018
People v. Alejandro, G.R. No. 223099, January 11, 2018
Rivac v. People, G.R. No. 224673, January 22, 2018
Napoles v. Sandiganbayan, G.R. No. 224162, February 6, 2018
People v. PO1 Johnny K. Sullano, G.R. No. 228373, March 12, 2018
People v. Domingo, G.R. No. 204895, March 21, 2018
People v. Sandiganbayan, G.R. Nos. 228494-96, March 21, 2018
People v. Sandiganbayan, G.R. Nos. 232197-98, December 5, 2018
People v. Palema, G.R. No. 228000, July 10, 2019
People v. Garcia, G.R. No. 230983, September 4, 2019
Appeal of Prosecution
Bowden v. Bowden, G.R. No. 228739, July 17, 2019
BDO Unibank v. Pua, G.R. No. 230923, July 8, 2019,
People v. Sandiganbayan, G.R. Nos. 233280-92,
September 18, 2019
Crimes Covered
Doctrine of Supervening Event
Inseparable Offenses
People v. Udang, G.R. No. 210161, January 10,
2018
Batac v. People, G.R. No. 191622, June 6, 2018
Rural Bank of Mabitac, Laguna, Inc. v. Canicon,
G.R. No. 196015, June 27, 2018
People v. Jaime, G.R. No. 225332, July 23, 2018
Ambangan v. People, G.R. Nos. 233443-44,
November 28, 2018
Effects
15
Revocation
Mixed Marriages
Loss and Reacquisition of Citizenship
Natural-born Citizens
Dual Allegiance – RA 9225 [Dual Citizenship]
SUFFRAGE
Carlo L. Cruz
16