Asynchronous Class Study Guide

for the week of November 23 - 26

Constitutional Law IA and IB
Mickey Ingles

Study the readings for Article VIII, Section 8 to Article VIII, Section 14 and
the entire Article XII. When we meet again, we go straight to the next topic. The
pointers below are not the only things you have to study; these are simply points
that you might miss out on when studying the codals and reading the cases. It’s
still your responsibility to cover everything in the codals, cases, and the
commentary.

Study pointers:
• Who are the ex officio members and the regular members of the JBC? Do
regular members need confirmation by COA? What is its function?
• Reconcile Chavez v. JBC with Umali v. JBC (July 25, 2017). How does the court
interpret the phrase “ a representative of Congress”?
o The vote that made Congress bi-cameral happened after the framers
drafted Article VIII, Section 8. Do you think this should affect the
interpretation of “a representative of Congress”?
• Are judges subject to income tax?
• Until when do justices and judges serve? Can they retire earlier?
• What must a judicial decision contain at a Constitutional minimum?
• What is a memorandum decision? Is it allowed? What are the conditions that
will allow it, if any?
• What are minute resolutions? Are these allowed? Do minute resolutions form
binding precedent?
• What is the Constitutional basis of the Regalian doctrine?
• What natural resources can be alienated? What natural resources may not be
alienated?
• What are the qualifications for private entities to enter into joint activities with
the state for natural resources? What are the conditions, if any?
• What is the rule for the nation’s marine wealth and maritime zones? Can the
President enter into an agreement with China for joint sharing of resources
found in our EEZ? If he does so, is this an impeachable offense?
• What is the special rule for minerals, petroleum, and other mineral oils?
• Can the state transfer water rights to a foreign corporation? What are water
rights?
• What are FTAAs? Are these allowed? What are the requisites for a valid FTAA?
• What is the difference between the Grandfather Rule and the Control Test?
When are these used?
• What is the public trust doctrine?
• What are the different kinds of lands of public domain? What kinds of land may
the state alienate?
• Can a private corporation own alienable lands of the public domain? Can
private corporations own private land?
• Can forest lands be owned or leased by a private corporation?
• Which branch of government classifies public lands?
• Reconcile the Regalian doctrine with the ancestral domains of indigenous
people.
Asynchronous Class Mechanics
November 23 - 26
Ingles, Constitutional Law 1A and 1B

• Who may acquire private lands? When can an alien own private land?
• Can an alien own a condominium unit? To what extent?
• What is a usufructuary? How does this affect the rules and restrictions on
private land ownership?
• What is the Constitutional basis of the negative list?
• What is the ownership requirement for public utilities? What is the rule for its
managing officers and executives?
• How is “capital” in Article XII, Section 11 defined?
• Can an American practice law in the Philippines? Can a Filipino practice law in
New York? Can a Fil-Am practice law in the Philippines?
• What is the test of economic viability for GOCCs?
• What is the difference between Article XII, Section 17 and Article XII, Section
18?