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UST FACULTY OF CIVIL LAW

SYLLABUS FOR CONSTITUTIONAL LAW I

Atty. Noel Ostrea September 2022

Grading System: 30-30-40 (Recitation/CS; Prelims and Finals)

Holidays:

National Heroes Day M, Aug 29th

All Saints Day, Special NW Holiday T, Nov 1st
Bonifacio Day W, Nov 30th
Feast of the Immaculate Conception TH, Dec 8th

STATE ELEMENT: OUR STATE

STATE IMMUNITY FROM SUIT (s3, Art. XVI)

Aspects:
 Non-suability of the State, with exceptions
 Non-suability of the Chief Executive
 Non-liability of State for mistakes or errors of its officers or agents (S11, Chap.
3, Bk. 1, Executive Order No. 292/Administrative Code of 1987)

Cases (#12):
Department of Agriculture v NLRC (1993) (basis)
Republic of Indonesia v. Vinzons (2003)
Arigo v. Swift, GR No.206510 (2014)
Kilosang Mayo Uno (KMU) v Aquino, gr 2110500 (2019) (Non-suability of the Chief
Executive)
#5. Syquia v. Almeda-Lopez, gr L-1648 (1949)
Ministerio v. Court of First Instance (CFI-Cebu), gr L-31635 (1971)

Express consent by law: Carabao v Agricultural Productivity (1970)

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Suability of Unincorporated Gov’t. Agencies: Mobil Philippines v. Customs Arrastre
(1966) (nature of agency; nature of function); Del Mar v. Philippine Veterans (PVA)
(1973) (exception to exception; failure to comply with a statutory duty)
#10. Exception; not to perpetuate an injustice: Department of Transportation (DOTC)
v Sps. Abecina, gr 206484 (2016)
NPC Drivers and Mechanics Association (NPC DAMA) v. National Power Corporation
(NPC), 845 SCRA 487 (gr 156208 (2017))
Exception to exception; lack of availability of funds: Department of Health (DOH) v CV
Canchela, gr 151373 (2005)

STATE ELEMENT: TERRITORY

 What is an archipelago?
 What is the archipelagic doctrine?
 What is the significance of having a definition of territory in our
Constitution?
 How binding is this definition on other States?
 What is UNCLOS? How is the archipelagic doctrine incorporated into
UNCLOS?
o See Magallona v Ermita (2011) (eb).
o What are the zones surrounding coastal states defined by the
UNCLOS? How do they differ from the previous classification of
types of seas?
o See Arigo v Swift, above.
 How does our Constitution define our territory?
 How does our current definition differ from the description of territory
found in our 1935 Constitution?
 What is the significance of Bajo de Masinloc? Is it an island?
 What is the relation of the Philippine Baselines Law (RA 9255) to Bajo de
Masinloc?
 What are valid ways of acquiring territory under international law?
 What is the international law basis of China’s “Nine Dash Lines”?
o See UNCLOS Arbitral Award, PCA Case No. 2013-19, In the Matter
of the South China Sea Arbitration, 12 July 2016.
o How is Bajo de Masinloc classified under the Arbitral Award?
o What wealth can be found in the WPS?
 See article of Jay Batongbacal (Rappler).
 See article of Rigoberto Tiglao, Manila Times, June 9, 2021.
 Did Trillanes commit treason in the loss of Scarborough
Shoal?

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STATE ELEMENT: OUR PEOPLE (Some reasons to love the Philippines!)

 Our people: the warmth, beauty, kindness, hospitality, laughter, perseverance,

and patience of the basic Philippine personality
 We are God-fearing
 We respect our elders
 Our “dugong Maharlika”
 Our rich natural beauty
 Our rich and complex ‘fusion’ culture
 Our delicious cuisine
 Our laid-back lifestyle
 Our general conversational English literacy

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