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POLITICAL LAW COURSE SYLLABUS

1ST SEMESTER, SCHOOL YEAR 2011-2012


Cases, recitations and lecturers; 4 hours a week - 4
units
A survey and evaluation of basic principles dealing
with the structure of the Philippine Government under
the Constitution including Philippine constitutional
history, the amendment process, judicial review, the
State, citizenship and the various constitutional
organs and offices.
I.

POLITICAL LAW
A.
B.
C.

Defined
Basis of Philippine Political Law
Nature of the Constitution
Definition;
Classification;
Qualities and essential parts of a
good written Constitution

D.
E.

Constitutional Construction
Constitutional History
Pre-1935 Constitution
1935 Constitution
1973 Constitution
1986 Snap Presidential Election
People Power Revolt
Freedom Constitution
1987 Constitution

F.
II.

4. Constitutional question must the very "lis mota" of


the case
Doctrine of Purposeful Hesitation
Functions of Judicial Review

F.
G.

Effects of Declaration of Unconstitutionality


a. Doctrine of Operative Fact

IV.

THE STATE AS A LEGAL CONCEPT


A.
B.

1.

People
a. Citizenship
b. Distinguished from nationality
c. Modes of acquiring citizenship
d. Citizens of the Philippines
e. Election of Philippine Citizenship
f. Implied Election
g. Natural-born citizens
h. Dual citizenship vs. dual allegiance
i. Res judicata in citizenship cases
j. Doctrine of Indelible Allegiance
h. Naturalization
i. Loss of citizenship
j. Reacquisition of citizenship, RA 8171 plus
dual citizenship act
k. Retroactivity of Repatriation

2. Territory
a. National Territory
b. Philippine Archipelago
c. Archipelago Doctrine
d. UN Convention on the Law of the Sea

Effectivity of the 1987 Constitution

AMENDMENT PROCESS
A.
B.

Amendment vs. Revision


Procedure

3. Government
a. Functions
Constituent vs. Ministrant
Laissez-faire vs. Welfare State
Doctrine of Parens Patriae

1. Proposal
2. Ratification
C.
D.
III.

Judicial Review of Amendments


Ratification / Political vs. Justiciable
Question

POWER OF JUDICIAL REVIEW


A.
B.
C.
D.
E.
1.

b. Classification
De Jure and De Facto
4. Sovereignty

Judicial Review Defined


Judicial Supremacy vs.
Constitutional Supremacy
Political vs. Justiciable Question
Presumption of Constitutionality
Requisites of Judicial Review:
Actual Case or Controversy
a.
Ripeness
b.
Mootness

2. Proper Party
a.
Conventional Standing
b.
Representative Standing
Jus Tertii standing
Transcendental importance to the public
Standing of members of Congress
Standing of Integrated Bar of the Philippines
Standing of the Government to question its own
laws
Taxpayers Suits
3. Question must be raised at the earliest possible
opportunity

Definition of State vs. Nation


Elements of State

Effects of Change in sovereignty


Effects of Belligerent Occupation
Doctrine of Jus Postliminium
Dominium vs. Imperium
Derogation of Philippine Sovereignty The
Visiting Forces Agreement
C.
D.
E.
F.
G.
H.

Government vs. Administration


Dominium vs. Imperium
De Jure vs. De Faco Government
Government Recognition
Parens patriae
Acts of State

V.

PRINCIPLE OF STATE LIABILITY AND


STATE IMMUNITY
A.
B.
C.
D.

Basis
Nature of state immunity
Limitation of the rule
Application of the rule
Immunity of Foreign States & Diplomats
Principle of par in parem non habet imperium
Process of Suggestion

Determination of Immunity by the


Department of Foreign Affairs
Immunity of International Organizations and
Agencies
E.

Suits vs. public corporations and public


officers
Immunity of Government Agencies
Incorporated
Municipal Corporations
Unincorporated
If principal function is governmental
If proprietary suable
Suits against Public Officers

E.
F.

Liability in tort
Waiver of immunity
Consent to be sued
1.
b.
2.

Express Consent
a.
General Law
Special Law
Implied Consent

a. When State commences litigation


b. When State enters into a business
contract
G.

Suability not outright liability


Consent to be sued does not include
consent to execution
Liens in state property

H.
VI.

Government to serve and protect the people


People to defend the State
Separation of Church and State
Independent Foreign Policy
Nuclear Free Philippines
Just and dynamic social order

Immunity cannot be used to perpetrate an


injustice on a citizen
PRINCIPLES AND STATE POLICIES

Preamble
Republicanism
Manifestations
1. Nemo est supra leges
2. Rule of majority
3. Accountability of Public Officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of Powers

Social Justice
Respect for human dignity and human rights
Fundamental Equality of men and women
Promotion of health and ecology
Priority to education, science and technology
Protection to labor
Land Reform
Regalian Doctrine
Inalienable Lands of the Public Domain
Independent People's organizations
Family and Youth
Self-reliant and independent national
economy
Communication and information in nation-building
Autonomy of Local Governments
Decentralization of Administration vs.
decentralization of Power
Autonomous Region
Indigenous Cultural Communities
Honest public service and full public disclosure
VII.

THE THEORY OF SEPARATION OF


POWERS

A. Statement of the principle


B. Criticism of the principle
C. Application of the principle
D. Checks and balances
E. Limitations on the principles
VIII. LEGISLATIVE DEPARTMENT
Legislative power
Initiative, referendum and Recall
Indirect Initiative
Recall
Bicameralism vs. Unicameralism
Senate (Composition; Qualifications; Term of office)
House of Representatives
Composition (District Representatives; Party-list
Representatives)
Party-list Representatives

Principle of Blending of Powers


Principle of Checks and Balances
7. Non-delegation of powers
a.
b.
c.

Permissible Delegation
Power of Subordinate Legislation
Principle of Subdelegation of
Powers
d.
Doctrine of Qualified Political
Agency
e.
Tests for valid delegation
a. Completeness Test
b. Sufficient Standard Test
Legislative standard need not be
expressed

8. Election through popular will


Act of State
Incorporation Clause
Conflict between municipal law and international
law
Civilian Supremacy

Apportionment of Legislative Districts


Gerrymandering
Doctrine of Equal Representation
Qualifications
Theory of legal impossibility
Natural-born
Term of office
Privileges
Freedom from Arrest
Parliamentary Immunity
Disqualifications and Inhibitions
Effect of Imprisonment
Sessions; Adjournment; Officers
Quorum
Rules of Proceedings
Discipline of members
Suspension vs. Preventive Suspension
Enrolled Bill Theory
Legislative Journal vs. Enrolled Bill
Electoral Tribunals
Composition

Powers
Jurisdiction over Proclamation Controversy

Limitations on the Appointment Power


Power of Removal

Commission on Appointments
Composition
Powers

Power of Control
Control vs. Supervision
Alter-ego Principle or Doctrine of
Qualified Political Agency
Military Powers
Commander-in-chief clause
Calling Out the Armed Forces

Powers of Congress
General Legislative Power
Limitations
Substantive Limitations
Procedural Limitations
One Bill, one subject
Sufficiency of Title

Declaration of State of Rebellion


Declaration of martial law

Bills that must originate exclusively from the HR


Three readings on separate days
Bicameral Conference Committee

Suspension of the privilege of writ of habeas corpus


Pardoning Power
Pardon vs. Amnesty

Legislative Process
Approval of Bills
Presidential veto
Pocket veto
Item veto
Legislative veto; One-House Veto

Diplomatic Power
Treaties vs. Executive Agreements
Power to Impound
X.

Power of the Purse


Implied limitations on appropriation measure
Constitutional limitations and rules
Riders
Sub rosa appropriation
Prohibition against transfer of appropriation
Power of Taxation

JUDICIAL DEPARTMENT
Judicial Power
Expanded jurisdiction
Effect on the political question doctrine
Jurisdiction
Constitutional Safeguards to insure
independence of the Judiciary

Power of Legislative Investigation

IX.

Power to Punish contempt

Justices/judges may not be designated to


any agency performing non-judicial functions

Power to declare existence of state of war

Fiscal Autonomy

EXECUTIVE DEPARTMENT

Power of Judicial Review

President and Vice-President


Qualifications
Natural-born Citizen

Appointment to the Judiciary


Procedure for Appointment
Judicial and Bar Council

Election
Congress as canvassing board
Supreme Court as Electoral Tribunal
Term of office

Supreme Court
Composition
En Banc & Division cases
Powers
Supervision over the Judiciary
Rule-making powers
Mandatory Review of Death Penalty
Cases
Writ of Amparo
Equipoise Doctrine
Decisions of the Court

Privileges
Official residence
Salary
Presidential Immunity
Prohibitions and inhibitions
Rules on Succession
Vacancy at beginning of term
Vacancy during the term
Temporary Disability
Removal of the President
Powers
Legislative Powers
Residual Powers
Power to Determine National Policy
Prosecution of Crimes
Appointing Power
Discretionary power
Classes of Appointment
Appointments subject to confirmation
of Commission on Appointments

Power to control execution of decision


Tenure of Justices/Judges
Removal and Discipline
Salaries
XI.

INDEPENDENT CONSTITUTIONAL
COMMISSION

Safeguards to insure the independence of the


Commissions
Prohibition on appointment in an acting capacity
Disqualifications and Inhibitions
Decisions - Certiorari to the Supreme Court
1. Civil Service Commission
Scope of the Civil Service
Approval of appointments

2. Commission on Elections
En Banc and Division cases
Powers and Functions
Exclusive Original Jurisdiction and Appellate
Jurisdiction
3. Commission on Audit
XII.

TECHNOLOGY,

A.
B.
C.

Goals of the state


Right to education and academic freedom
Language, National Language

XVI.

GENERAL PROVISIONS

A.
B.
C.

Symbols of nationality
State immunity
Armed forces of the Philippines

XVI.

AMENDMENTS AND REVISIONS

XVII.

TRANSITORY PROVISIONS

ACCOUNTABILITY OF PUBLIC OFFICERS


Impeachment
Impeachable Officers
Grounds for Impeachment
Procedure
Impeachment and Criminal Prosecution
Sandiganbayan
Jurisdiction

Ombudsman
Supervision and control
Prosecutorial Powers
Power to issue subpoena; Form of complaint
Power to Investigate Administrative Charges
Concurrent with the Office of the President
Concurrent with the DOJ
Power to investigate cases of ill-gotten wealth
Special Prosecutor
Commission on Human Rights
Powers and Functions of the Commission
Fiscal Autonomy
Presidential Commission on Good
Government
Sequestration
Imprescriptibility of Right of State to Recover
Ill-gotten Wealth
XIII.

NATIONAL ECONOMY AND PATRIMONY

A.
B.
C.

Goals of the national economy


Industrialization and full employment
Protection of Filipino enterprise

D.

Regalian Doctrine
Imperium vs. Dominium
Alienation,
Exploration,
Development,
Utilization and protection of Natural
Resources

F.
G.

Lands of public domain


Ancestral Lands, Protection of Indigeneous
Cultural Communities, Private Lands

H.

National
Economy
Investments

I.
J.

Franchises for public utilities


Formation, organization and regulation of
corporations
Special economic powers of government,
Monopolies

K.

and

Patrimony,

XIV.

SOCIAL JUSTICE AND HUMAN RIGHTS

A.

Commission on Human Rights


Composition; qualifications and powers
Labor, Agrarian Reform

B.

XV.
EDUCATION, SCIENCE,
ARTS, CULTURE AND SPORTS