COURSE OUTLINE and ADDITIONAL READING

for

CONSTITUTIONAL LAW II
Second Semester, SY2015-2016

CARLO L. CRUZ
The BILL OF RIGHTS
Basic Textbook CONSTITUTIONAL LAW, Justice Isagani A. Cruz and Carlo L.
Cruz, 2015 Edition
Secondary Textbook PHILIPPINE POLITICAL LAW, Justice Isagani A. Cruz
and Carlo L. Cruz, 2014 Edition
Chapter 1 INTRODUCTION
Chapter 2 THE NATURE OF THE CONSTITUTION
Definition
Purposes
The Supremacy of the Constitution
Essential Qualities of the Written Constitution
Essential Parts of the Written Constitution
Permanence of the Constitution
Interpretation
Amendment or Revision
Philippine Political Law, Cruz and Cruz, 2014 Edition, Chapter 18
Procedure
Proposal
Ratification
Judicial Review of Amendments
The 1987 Constitution
Chapter 3 THE CONSTITUTION AND THE COURTS
Voting
Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 485-490
Requisites of a Judicial Inquiry
Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 490-526
Actual Case
Proper Party
Earliest Opportunity
Necessity of Deciding Constitutional Question
Effects of Declaration of Unconstitutionality
Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 490-526
Theory of Relative Unconstitutionality
Central Bank Employees Association v. Bangko Sentral,
G.R. No. 148208, December 15, 2004
Partial Unconstitutionality
Chapter 4 THE FUNDAMENTAL POWERS OF THE STATE
Similarities
1

Differences
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
Aquino v. Municipality of Malay, Aklan, G.R. No. 211356, September
29, 2014
Limitations
Chapter 5 THE POLICE POWER
Definition and Scope
Kabataan Party-List v. Commission on Elections, G.R. No. 221318,
December 16, 2015
Characteristics
Exercise of the Police Power
Rosas v. Montor, G.R. No. 204105, October 14, 2015
Kabataan Party-List v. Commission on Elections, G.R. No. 221318,
December 16, 2015
Tests of the Police Power
Lawful Subject
Lawful Means
Integrity of the Police Power
Chapter 6 EMINENT DOMAIN
Definition and Scope
Republic of the Philippines v. Mupas, G.R. No. 181892, September 8,
2015
Who May Exercise
Destruction from Necessity
Necessity of Exercise
Private Property
Taking
Secretary of the Department of Public Works and Highways v. Sps.
Tecson, G.R. No. 179334, April 21, 2015
Republic of the Philippines v. Mupas, G.R. No. 181892, September 8,
2015
Public Use
National Power Corporation v. Posada, G.R. No. 191945, March 11,
2015
Just Compensation
Land Bank v. Lajom, G.R. No. 184982, August 20, 2014
Sps. Mercado v. Land Bank of the Philippines, G.R. No. 196707, June 17,
2015
Republic of the Philippines v. Heirs of Saturnino Q. Borbon, G.R. No.
165354, January 12, 2015
Secretary of the Department of Public Works and Highways v. Sps.
Tecson, G.R. No. 179334, April 21, 2015
Republic of the Philippines v. Mupas, G.R. No. 181892, September 8,
2015
Republic of the Philippines v. Soriano, G.R. No. 211666, February 25,
2015

See Sps. Sinamban v. China Banking Corporation, G.R. 193890,

March 11, 2015; see also Nacar v. Gallery Frames, G.R. No.
189871, August 13, 2013 (703 SCRA 439)
Land Bank of the Philippines v. Hababag, G.R. No. 172352, September
16, 2015
Chapter 7 TAXATION
Nature
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
Scope
Exercise
Due Process and Taxation
Commissioner of Internal Revenue v. Petron Corporation, G. R. No.
185568, March 21, 2012
Equal Protection and Taxation
Double Taxation
China Banking Corporation v. City Treasurer of Manila, G.R. No. 204117,
July 1, 2015
Public Purpose
Tax Exemptions
China Banking Corporation v. City Treasurer of Manila, G.R. No. 204117,
July 1, 2015
Chapter 8 DUE PROCESS OF LAW
Origin of Due Process
Evolution of Due Process
Meaning of Due Process
Cudia v. The Superintendent of the Philippine Military Academy, G.R.
No. 211362, February 24, 2015
CLT Realty Development Corporation v. Hi-Grade Feeds Corporation,
G.R. No. 160684, September 2, 2015
Person
Deprivation
Life
Liberty
Property
Substantive Due Process
Carolino v. Senga, G.R. No. 189649, April 20, 2015
Yinlu Bicol Mining Corporation v. Trans-Asia Oil and Energy
Development Corporation, G.R. No. 207942, January 12, 2015
Procedural Due Process
Judicial Due Process
Impartial and Competent Court
Bilbao v. People, G.R. No. 175999, July 1, 2015
St. Raphael Montessori School, Inc. v. Bank of the
Philippine Islands, G.R. No. 184076, October 21,
2015
Jurisdiction
Development Bank of the Philippines v. Teston (569 Phil.
137 (2008))
Bucal v. Bucal, G.R. No. 206957, June 17, 2015
Hearing

Republic of the Philippines v. Mupas, G.R. No. 181892,

September 8, 2015
Securities and Exchange Commission v. Universal Rightfield
Property Holding, Inc., G.R. No. 181381, July 20, 2015
Acampado v. Sps. Comilla, G.R. No. 198531, September 28,
2015
Appeal
Manila Mining Corporation v. Amor, G.R. No.
182800, April 20, 2015
Jaylo v. Sandiganbayan, G.R. Nos. 183152-54,
January 21, 2015
Exceptions
Nuisances
Aquino v. Municipality of Malay, Aklan, G.R. No.
211356, September 29, 2014
Presumptions
Judgment
Administrative Due Process
Brown Madonna Press, Inc. v. Casas, G.R. No. 200898, June 15,
2015
Lacson v. Executive Secretary, G.R. Nos. 165399 and 165475,
May 30, 2011, 649 SCRA 142, 155, cited in Nacion v.
Commission on Audit, G.R. No. 204757, March 17, 2015
Villanueva v. Judicial and Bar Council, G.R. No. 211833, April 7,
2015
Kabataan Party-List v. Commission on Elections, G.R. No.
221318, December 16, 2015
Chapter 9 EQUAL PROTECTION
Definition
Persons Protected
Classification
Requirements
Substantial Distinctions
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
Villanueva v. Judicial and Bar Council, G.R. No. 211833,
April 7, 2015
Ricalde v. People, G.R. No. 211002, January 21, 2015
Kabataan Party-List v. Commission on Elections, G.R. No.
221318, December 16, 2015
Relevance to Purpose of Law
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
1-United Transport Koalisyon v. Commission on Elections,
G.R. No. 206020, April 14, 2015
Duration
Applicability to All
Chapter 10 SEARCHES AND SEIZURE
Scope of Protection
Jacaban v. People, G.R. No. 184355, March 23, 2015

Requisites of a Valid Warrant

Existence of Probable Cause
Navaja v. de Castro, G.R. No. 182926, June 22, 2015
ABS-CBN Corporation v. Gozon, G.R. No. 195956, March 11, 2015
Estrada v. Office of the Ombudsman, et al., G.R. Nos. 21214041,
January 21, 2015
Philippine Deposit Insurance v. Casimiro, G.R. No. 206866,
September 2, 2015
Presidential Commission on Good Government v. Gutierrez, G.R.
No. 194159, October 21, 2015
Determination of Probable Cause
Anlud Metal Recycling Corporation v. Ang, G.R. No. 182157,
August 17, 2015
Microsoft Corporation v. Samir Farajallah, G.R. No. 205800,
September 10, 2014
Aguinaldo v. Ventus, G.R. No. 176033, March 11, 2015
Pilipinas Shell Petroleum Corporation v. Romars International
Gases Corporation, G.R. No. 189669, February 16, 2015
Presidential Commission on Good Government v. Gutierrez, G.R.
No. 194159, October 21, 2015
Mayor Balindong v. Court of Appeals, G.R. No. 177600, October
19, 2015
Examination of Applicant
People v. Punzalan, G.R. No. 199087, November 11, 2015
Particularity of Description
People v. Posada, G.R. No. 196052, September 2, 2015
Properties Subject to Seizure
Admissibility of Illegally Seized Evidence
People v. Sorin, G.R. No. 212635, March 25, 2015
Tiongco v. People, G.R. No. 192284, March 11, 2015
People v. Mercado, G.R. No. 207988, March 11, 2015
People v. Angngao, G.R. No. 189296, March 11, 2015
Alcaraz v. People, G.R. No. 199042, November 17, 2014
Ogayon v. People, G.R. No. 188794, September 2, 2015
People v. Salibad, G.R. No. 210616, November 25, 2015
Warrantless Arrests, Searches and Seizures
People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
Comerciante v. People, G. R. No. 205926, July 22, 2015
Alcaraz v. People, G.R. No. 199042, November 17, 2014
Celedonio v. People, G.R. No. 209137, July 1, 2015
Sydeco v. People, G.R. No. 202692, November 12, 2014
People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
People v. Cunanan, G.R. No. 198024, March 16, 2015
Homar v. People, G.R. No. 182534, September 2, 2015
Ogayon v. People, G.R. No. 188794, September 2, 2015
Privacy of Communication and Correspondence
Vivares v. St. Theresas College, G.R. No. 202666, September 29, 2014

Gamboa v. Chan, G.R. No. 193636, July 24, 2012, 677 SCRA 385
Chapter 11 LIBERTY OF ABODE AND TRAVEL
Purpose
Limitations
Chapter 12 FREEDOM OF RELIGION
Religion
Religion in the Constitution
Perfecto v. Judge Esidera, A.M. No. RTJ-15-2417, July 22, 2015
Leus v. St. Scholasticas College Westgrove, G.R. No. 187226, January
28, 2015
Separation of Church and State
Intramural Religious Disputes
Religious Profession and Worship
Freedom to Believe
Freedom to Act on Ones Beliefs
Religious Tests
Chapter 13 FREEDOM OF EXPRESSION
Importance
Scope
Diocese of Bacolod v. Commission on Elections, G. R. No. 205728,
January 21, 2015
Modes of Expression
GMA Network, Inc. v. Commission on Elections, G.R. No. 205357,
September 2, 2014
Diocese of Bacolod v. Commission on Elections, G. R. No. 205728,
January 21, 2015
Social Weather Station v. Commission on Elections, G.R. No. 208062,
April 7, 2015
1-United Transport Koalisyon v. Commission on Elections, G.R. No.
206020, April 14, 2015
Elements
Freedom from Censorship
Social Weather Station v. Commission on Elections, G.R. No.
208062, April 7, 2015
1-United Transport Koalisyon v. Commission on Elections, G.R.
No. 206020, April 14, 2015
GMA Network, Inc. v. Commission on Elections, G.R. No. 205357,
September 2, 2014
Freedom from Punishment
Davao City Water District v. Aranjuez, G. R. No. 194192, June 16,
2015
The Clear and Present Danger Rule
The Dangerous Tendency Doctrine
The Balance-of-Interest Test

Content Neutral and Content-Based Regulations

Davao City Water District v. Aranjuez, G. R. No. 194192, June 16,
2015
Diocese of Bacolod v. Commission on Elections, G. R. No.
205728, January 21, 2015
1-United Transport Koalisyon v. Commission on Elections, G.R.
No. 206020, April 14, 2015
Criticism of Official Conduct
Art and Obscenity
Assembly and Petition
Tests
Right of Association
Davao City Water District v. Aranjuez, G.R. No. 194192, June 16, 2015
Samahan ng Manggagawa sa Hanjin Shipyard v. Bureau of Labor
Relations, G.R. No. 211145, October 14, 2015
Access to Information
Chapter 14 THE IMPAIRMENT CLAUSE
Contract
Law
Obligation
Impairment
Limitations
Social Weather Station v. Commission on Elections, G.R. No. 208062,
April 7, 2015
Chapter 15 EX POST FACTO LAWS
Ex Post Facto Law
People v. Hidalgo, G.R. No. 203313, September 2, 2015
Kinds
Characteristics
Bill of Attainder
Characteristics
Chapter 16 NON-IMPRISONMENT FOR DEBT
Debt
Crime
Poll Tax
Chapter 17 INVOLUNTARY SERVITUDE
Definition
Exceptions
Application
Chapter 18 THE WRIT OF HABEAS CORPUS
When Available

In the Matter of the Petition for Habeas Corpus of Minor Shang Ko

Vingson Yu, UDK No. 14817, January 13, 2014
In the Matter of the Petition for Habeas Corpus of Datukan Malang
Salibo, G.R. No. 197597, April 8, 2015
Procedure
Grounds for Suspension
The Ilagan Case
Writ of Amaparo
Burgos v. Esperon, G.R. No. 178497, February 4, 2014
Yusay v. Segui, G.R. No. 193652, August 5, 2014
Mison v. Gallegos, G. R. No. 210759, June 23, 2015
Chapter 19 SPEEDY DISPOSITION OF CASES
Chapter 20 RIGHTS OF THE ACCUSED
Criminal Due Process
Aguinaldo v. Ventus, G.R. No. 176033, March 11, 2015
ABS-CBN Corporation v. Gozon, G.R. No. 195956, March 11, 2015
Estrada v. Office of the Ombudsman, G.R. Nos. 212140-41, January 21,
2015
Paderanga v. Drilon (273 Phil. 290, 299 (1991), cited in Estrada v.
Office of the Ombudsman, G.R. Nos. 212140-41, January 21,
2015
Self-Incrimination
Scope
De Castro v. People, G.R. No. 171672, February 2, 2015
When Available
Waiver
Custodial Investigation
Mesina v. People, G.R. No. 162489, June 17, 2015
De Castro v. People, G.R. No. 171672, February 2, 2015
People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
People v. Dandanon, G.R. No. 196258, September 28, 2015
People v. Posada, G.R. No. 196052, September 2, 2015
People v. Guting, G.R. No. 205412, September, 9, 2015
Bail
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015
People v. Valdez, G. R. No. 216007-09, December 8, 2015
Presumption of Innocence
People v. Andaya, G.R. No. 183700, October 13, 2014
People v. Samson, G.R. No. 214883, September 2, 2015
Delariva v. People, G.R. No. 212940, September 16, 2015
People v. Dandanon, G.R. No. 196258, September 28, 2015
People v. Mirondo, G.R. No. 210841, October 14, 2015
Right to Be Heard
Assistance of Counsel
People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
Nature and Cause of Accusation

People v. Nuyok, G.R. No. 195424, June 15, 2015

People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
People v. Gallano, G.R. No. 184762, February 25, 2015
People v. Lapore, G.R. No. 191197, June 22, 2015
People v. Esugon, G.R. No. 195244, June 22, 2015
Canceran v. People, G.R. No. 206442, July 1, 2015
Zoleta v. Sandiganbayan, G.R. No. 185244, July 29, 2015
Estrallado-Mainar v. People, G.R. No. 184320, July 29, 2015
Enrile v. People, G.R. No. 213455, August 11, 2015
People v. Sandiganbayan, G.R. No. 160619, September 9, 2015
People v. Buca, G.R. No. 209587, September 23, 2015
The Trial
Bilbao v. People, G.R. No. 175999, July 1, 2015
People v. De Leon, G.R. No. 197546, March 23, 2015
Navaja v. de Castro, G.R. No. 182926, June 22, 2015
Saldariega v. Panganiban, G.R. Nos. 211933 & 211960, April 15, 2015
Trial in Absentia
Jaylo v. Sandiganbayan, G.R. Nos. 183152-54, January 21, 2015
The Right of Confrontation
Compulsory Process
Prohibited Punishments
Double Jeopardy
People v. De Leon, G.R. No. 197546, March 23, 2015
Requisites
Complaint or Information
Competent Court
Jamaca v. People, G.R. No. 183681, July 27, 2015
Valid Plea
Canceran v. People, G.R. No. 206442, July 1, 2015
Termination of Case
Saldariega v. Panganiban, G.R. Nos. 211933 & 211960, April 15,
2015
People v. Arguta, G.R. No. 213216, April 20, 2015
People v. Torres, G.R. No. 189850, September 22, 2014
Appeal of Prosecution
Assistio v. People, G.R. No. 200465, April 20, 2015
Crimes Covered
Doctrine of Supervening Event
Inseparable Offenses
Rimando v. Sps. Aldaba, G.R. No. 203583,
October 13, 2014
People v. Matibag, G.R. No. 206381, March
25, 2015
Assistio v. People, G.R. No. 200465, April
20, 2015
People v. Chi Chan Liu, G.R. No. 189272,
January 21, 2015
Act Violating Law and Ordinance

Chapter 21 FREE ACCESS TO COURTS

Chapter 22 CITIZENS OF THE PHILIPPINES
Citizens of the Philippines
Citizenship under the 1935 Constitution
Children of Filipino Parents
Election of Philippine Citizenship
Naturalization
Procedure
Republic v. Huan Te Fu, G.R. No. 200983, March 18, 2015
Republic v. Karbasi, G.R. No. 210412, July 29, 2015
Effects
Revocation
Mixed Marriages
Loss and Reacquisition of Citizenship
Natural-born Citizens
Dual Allegiance RA 9225 [Dual Citizenship]
David v. Agbay, G.R. No. 199113, March 18, 2015
Arnado v. Commission on Elections, G. R. No. 210164, August
18, 2015
SUFFRAGE
Caasi v. CA,191 SCRA 229
Macalintal v. COMELEC, G.R. 157013, July 10, 2003
Nicolas-Lewis v. COMELEC, G.R. No. 162759, August 4, 2006
Velasco v. COMELEC, G.R. No. 180051, December 24, 2008
Kabataan Party-List v. Commission on Elections, G.R. No. 221318, December
16, 2015

Carlo L. Cruz

10