CONSTITUTIONAL LAW 1

First Semester, 2023

Reginald M. Perez
reginaldmoralesperez@gmail.com

-Breakdown of grades:

Recitation 40%
Exams 50%
Participation/Attendance 10%

- It will be each student’s responsibility to ensure that he/she has recited and
has left an impression that sufficiently enables the instructor to assess his/her
understanding of the course materials (i.e., enough to be given a grade).

- There is no prescribed commentary/book for this class. The material for class
discussion and recitation will be taken from the 1987 Philippine Constitution
and from jurisprudence – specifically, from the cases which will be assigned as
required reading.

I. THE CONSTITUTION, STATUTORY CONSTRUCTION

a. Constitution
b. Statutory Construction
c. Adoption and Amendment of the Constitution

II. JUDICIAL REVIEW

a. Separation of powers
b. Theory of judicial review
c. Justiciable and political questions
d. Requisites of judicial review
i. Actual case or controversy
1. Prematurity
2. Mootness
ii. Locus Standi
1. Citizen Standing
2. Associational standing
3. Taxpayer’s standing
4. Voter’s standing
5. Legislative standing
6. Governmental standing
iii. Earliest opportunity
iv. Lis Mota / necessity of deciding the constitutional issue
III. TERRITORY, PEOPLE, GOVERNMENT
a. Territory
b. People
i. Citizenship
ii. Suffrage
c. Government
i. Constituent and ministrant functions of government
ii. De Facto and De Jure Government
iii. Revolutionary Government
iv. Parens Patriae
v. Immunity from suit
vi. Money claims
vii. Inherent power of the State

IV. BRANCHES OF GOVERNMENT

a. CONGRESS
i. Power, Composition, Qualification, Term of Office
1. Senate
2. House of Representatives
ii. Election
1. Regular Election
2. Special Election
iii. Organizations and Sessions
1. Election of Officers
2. Quorum
3. Rules of Proceedings
4. Discipline of Members
5. Journal and Record
a. Enrolled Bill Theory
b. Probative Value of the Journal
c. Matters to be entered into the journal
d. Journal Entry Rule v. Enrolled Bill Theory
e. Congressional Record
6. Session
a. Regular
b. Special
c. Joint
iv. Salaries, Privileges, Disqualifications
1. Salaries
2. Freedom from Arrest
3. Speech and Debate Clause
4. Disqualifications
5. Duty to Disclose
 v. Electronal Tribunals
vi. Commission on Appointments
vii. Powers of Congress
1. General Plenary Powers
2. Limitations of Legislative Power
a. Substantive
b. Procedural
viii. The Legislative Process
ix. Other Powers
1. Board of Canvassers in Presidential Elections
2. Call a Special Election for Presidency
3. Decide on disability of the president
4. Legislative veto or extension for suspension of writ
of habeas corpus or declaration of martial law
5. Presidential amnesties
6. Concurrence in treaties
7. Declaration of existence of war
8. Delegation of emergency powers
9. Utilization of natural resources
10. Power of impeachment

b. EXECUTIVE
i. The President
1. Qualifications, election, term, oath
2. Privileges and salary
3. Succession
4. Removal
5. Prohibitions
6. Exceptions to prohibition from holding another
office:
ii. Powers and Functions of the President
1. Executive power
2. Control over executive departments
3. Supervision over local governments and
autonomous regions
4. Power of appointment
5. Executive clemency
6. Commander-In-Chief
7. Emergency powers
8. Contracting and guaranteeing foreign loans
9. Foreign affairs
10. Legislation
11. Immunity from suit
iii. The Vice-President
 1. Qualifications
2. Privileges and salary
3. Prohibitions
4. Succession

c. JUDICIAL
i. Judicial power
ii. The Supreme Court
1. Composition
2. Mode of sitting
3. Appointments and qualifications
4. No non-judicial work for judges
5. Salary
6. Tenure
7. Removal
8. Fiscal autonomy
9. Jurisdiction
10. Deliberations
11. Voting
12. Requirements of decisions
13. Petition for review / Motion for reconsideration
14. Periods for deciding cases
15. Presidential Electoral Tribunal / PET
16. Administrative Powers
a. Supervision of lower courts
b. Temporarily assign judges to other stations in
view of public interest
c. Order a change of venue / place of trial to avoid
miscarriage of justice
d. Appointment of officials and employees of
entire judiciary
e. Promulgate rules concerning enforcement and
protection of constitutional rights
f. Promulgate rules concerning pleading,
practice, procedure
g. Admission to the practice of law
h. Integration of the bar
i. Legal assistance to the underprivileged
j. Report o
17. The Judicial and bar council
18. Automatic Release of Appropriations for the
Judiciary

V. CONSTITUTIONAL COMMISSIONS