CONSTITUTIONAL LAW 1(2nd Part of Module 2)

Guide Questions: Aside from the standard guide in case analysis/digesting.

General Principles and State policies

1) Is the Preamble a source of a right? Explain.

2) What is meant by the declaration that the Philippines is a democratic state? Cite 2-3 constitutional
provisions that demonstrate this “democratic” nature of our system of government.

3) In case of war, is it constitutionally permissible to make the military supreme over the civilian
government because of necessity? Why?

4) Can we refuse the demand of the State, by law, to render military service by reason of religion or
political beliefs, like for example, we don’t support a war declared by the State?

5) Distinguish de jure govt from de facto?

 What is meant by Parens Patriae? (Soriano case)

 What is meant by sovereignty as an element of a State?
 Why was the proposed Bangsamoro Juridical Entity considered a state within a State? Why was
it declared unconstitutional?

6) How is this principle of separation of church and state demonstrated in our constitutional
provisions? Cite 2-3 provisions.

7) What is meant by strict neutrality and benevolent accommodation in the context of

separation of church and state?

 Can we be compelled to make the salute to our Flag if it is against our religion? Explain.
(Ebralinag case)

 Can our brother Muslims who practice polygamy be charged under the Revised Penal Code
which punishes bigamy? Why is it allowed as a practice? (benevolent accommodation)

8) Cite 3 major issues raised in the Ochoa case?

 How did the State use the defense of political question in the Ochoa case? Do
you agree? Explain.

 Is the promotion of contraceptive pills tantamount to promoting abortion? When does life
begin? Why was the Catholic church against the RH policy?

 How did the Supreme Court resolve this issue?

 Is the RH Law violative of the right to health of the people considering that it allows the
distribution of pills which may be harmful? Explain.

 Why did the Supreme Court declare unconstitutional a provision in the RH law that allows a
woman to avail of reproductive health services (for example, ligation) without the consent of
her husband?
 9) Is it our absolute policy to ban nuclear weapons in our territory?

 Should China invade Luzon, will it be constitutional permissible to allow the importation and
use of nuclear weapons? Explain

10) What do you understand of the Freedom of Information policy?

 Can we demand the current health records of President Duterte invoking Section 28 of Article
II?
 How about the school record of your classmates in College?

Adherence to International law (Section 2, Article 2)

1. What is meant by the Incorporation Clause?

 What is the legal basis for it?

 Do we need to make a legislation in order to make generally accepted principles international

law effective in our jurisdiction? (Kuroda case) Explain.

2. How was the doctrine of transformation demonstrated in the Lantion and Puruganan cases?

3. How about the theory of auto-limitation?

 In the Tanada case, why was there an allegation that the GATT/WTO treaty that the
Philippines signed is violative of the constitution?

 How did the Supreme Court decide on the challenge applying the principle of auto-limitation?

 Do you think this theory of auto-limitation was relevant in the Magallona case? How?

4. Ina case of conflict between municipal law vs international law, which should prevail?
(Ichong, Gonzales, Philip Morris)

Note: Citizenship (to follow)