Ateneo de Manila University School of Law Constitutional Law I Syllabus Candelaria (SY 2019-2020) Basic References
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ScribdTranslationsAteneo de Manila University School of Law Constitutional Law I Syllabus Candelaria (SY 2019-2020) Basic References
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ScribdTranslationsATENEO DE MANILA UNIVERSITY
SCHOOL OF LAW
CONSTITUTIONAL LAW I – SYLLABUS
Candelaria
[SY 2019-2020]
Basic References:
Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary, 2009 Edition.
Joaquin G. Bernas, S.J., The Intent of the 1986 Constitution Writers, 1995.
ARTICLE I. The National Territory
Validity of R.A. 9255 (New Baselines Law of 2009)
Magallona v. Exec. Sec. Ermita
PCA Case No. 2013-19, In the Matter of the South China Sea Arbitration, 12 July 2016
ARTICLE II. Declaration of Principles and State Policies
Preliminary issue: Legal Value of Article II
Kilosbayan v. Morato – 246 SCRA 540 [1995]
Tondo Medical v. CA – 527 SCRA 746 [2007] (Not self-executory)
** BCDA v. COA – 580 SCRA 295 [2009] (Not source of rights)
Espina v. Zamora, Jr. – 631 SCRA 17 [2010] (Not self-executory) (in relation to A2, Sec.
19)
Ocampo v. Rear Admiral Enriquez, GR No. 225973, November 8, 2016 (Not self-
executory) (in relation to A2, Secs. 2, 11, 13, 23, 26, 27 & 28; A3, Sec. 1, A7, Sec. 17,
A11, Sec. 1, A14, Sec. 3 (2) & A18, Sec. 26
Sec. 1. Philippines as a Democratic and Republican State
People
Territory
Government
Functions of Government:
Constituent v. Ministrant
Bacani v. NACOCO – 100 PHIL. 468 [1956] (Government; functions;
incorporated)
Incorporated
Bacani v. NACOCO – 100 PHIL. 468 [1956] (Government; functions;
incorporated
1
Unincorporated
ACCFA v. CUGCO – 30 SCRA 649 [1969] (Government; functions;
unincorporated) (read with Bacani v. NACOCO)
PVTA v. CIR
Republic v. Judge of CFI of Rizal – 99 SCRA 660 [1980] (Government;
functions; unincorporated)
Examples of government exercising its functions through corporations or
instrumentalities
Government-owned or controlled corporations
VFP v. Reyes - 483 SCRA 526 [2006] (Government; sovereign function)
Ramiscal v. Sandiganbayan – 499 SCRA 375 [2006] (Government; GOCC;
AFP-RSBS
Alzaga v. Sandiganbayan – 505 SCRA 848 [2006] (Government; GOCC;
AFP-RSBS
Javier v. Sandiganbayan – 599 SCRA 324 [2009] (Private sector
representative to National Book Development Board; governmental
Instrumentalities
MIAA v. CA – 495 SCRA 591 [2006] (Government instrumentality vested
with corporate powers; not GOCC
Boy Scouts of the Philippines v. COA – 651 SCRA 146 [2011] (Public
corporation)
Funa v. MECO and COA, GR No. 193462, February 4, 2014 (MECO not
GOCC); unique
Quasi-public corporations
Phil Society v. COA – 534 SCRA 112 [2007] (Quasi-public corporation;
private but with public character; charter test not applicable)
State universities
Serana v. Sandiganbayan – 542 SCRA 224 [2008] (U.P. Board of Regents
student nominee; governmental
De Jure and De Facto Government:
Co Kim Cham v. Valdez Tan Keh – 75 PHIL. 113 [1945] (Government; de facto)
Letter of Associate Justice Puno – 210 SCRA 588 [1992] (Government; revolution)
Republic v. Sandiganbayan, GR No. 104768, July 21, 2003 (Rights during
interregnum
Sovereignty
People v. Gozo
2
Section 2. International Law and Philippine Municipal Law
Adoption of International Law and the doctrine of incorporation
As applied to:
Treaties and Agreements
Kuroda v. Jalandoni – 83 PHIL. 171 (International humanitarian law and
generally accepted principles of international law
Vinuya v. Executive Secretary Romulo
August 12, 2014 (Treaty of Peace)
Tañada v. Angara – 272 SCRA 18 [1997] (GATT-WTO)
Bayan v. Zamora
Saguisag v. Exec. Secretary
26, 2016 affirming 1stjudgment. (EDCA)
Bayan v. Romulo, GR No. 159618, Feb. 1, 2011 (RP-US Non-Surrender)
Agreement
Deutsche Bank v. CIR
*CBK Power v. CIR, 746 SCRA 93
International law in relation to municipal law
Lim v. Exec. Secretary
Shangri-La v. Developers, GR No. 159938, March 31, 2006 (Intellectual
property rights)
Philip Morris, Inc. v. Fortune Tobacco Corporation
2006 (Intellectual property rights)
Cooking School v. Renaud Cointreau, GR No. 185830, June 5, 2013
Intellectual property rights
Recognition of foreign judgments; general principles of law
Mijares v. Ranada
Soft law
Pharmaceutical v. DOH
Assemble guidelines not a treaty
Knights of Rizal v. DMCI, GR No. 213948
my guidelines
Adherence to peace, freedom, amity
Sec. 3. Civilian Supremacy
IBP v. Zamora
Role of the Armed Forces
Sec. 4. Duty of Government to the People
Sec. 5. Maintenance of Peace and Order
3
Kilosbayan v. Morato – 246 SCRA 540 [1995]
(My guidelines)
Sec. 6. Separation of Church and State
Sec. 7. Independent Foreign Policy
Lim v. Exec. Secretary, GR No. 151445, April 11, 2002 (supra. Sec. 2) (President
and foreign relations)
Saguisag v. Exec. Secretary, GR No. 212426, January 12, 2016 and MR, July 26,
2016 affirming the 1stjudgment (above, Sec. 2)
Sec. 8. Freedom from Nuclear Weapons
Bayan v. Zamora, GR No. 138570, October 10, 2000 (above. Sec. 2)
Social Order
Sec. 10. Social Justice
Sec. 11. Personal Dignity and Human Rights
Section 12. Family Life; Mother; Unborn
Family
Unborn
Roe v. Wade – 410 US 113 [1973] (Right to life v. abortion policy)
Imbong v. Ochoa
Rights and Duty of Parents / Aid from Government
Meyer v. Nebraska
Pierce v. Society of Sisters – 262 US 510 [1925] (Public schooling)
Wisconsin v. Yoder – 40 LW 4476 [1972] (Compulsory education; note that this
pertains to a statute; read with the policy on compulsory elementary education
A14, Sec. 2 (2)
Ginsberg v. New York
Orceo v. COMELEC – GR No. 190779, 26 March 2010 (Rights are not absolute)
and can be restricted by government
Sec. 13. Vital Role of Youth
Boy Scouts of the Philippines v. COA, GR No. 177131, 07 June 2011 (Public)
purpose of BSP) (supra. Sec. 1)
Sec. 14. Role of Women and Equality of Men and Women
Garcia v. Drilon
Section 15. Right to Health
Imbong v. Ochoa, GR No. 204819, April 8, 2014 (RH law) (supra. Sec. 12)
4
Sec. 16. Right to a Balanced and Healthful Ecology
Oposa v. Factoran – 224 SCRA 792 [1993] (Inter-generational justice and
responsibility
LLDA v. CA
pollution
MMDA v. Concerned Resident, GR No. 171947, December 18, 2008 (Continuing
mandamus
Arigo v. Swift
Resident Marine Mammals v. Secretary Reyes
(Standing)
Paje v. Casiño
West Tower v. PIC – 798 SCRA 292 (Precautionary principle not applied)
International Service v. Greenpeace, GR No. 209271, December 8, 2015 and MR,
July 26, 2016 reversing 1stjudgment. (GMO)
*LNL Archipelago v. Agham Party List, GR No. 2091651, April 12, 2016 (Writ of
nature not applied
Sec. 17. Education, Science and Technology, Arts, Culture and Sports
Sec. 18. Labor Protection
Philippine National Bank v. Dan Padao
Economic significance of workforce
Sec. 19. Self-Reliant and Independent National Economy
Garcia v. BOI
Tañada v. Angara – 272 SCRA 18 [1997] (supra, preliminary issue, Sec. 2) (Not
isolationist policy
Sec. 20. Role of Private Sector
Sec. 21. Promotion of Comprehensive Rural and Agrarian Policy
Wilson P. Gamboa v. Finance Secretary Margarito B. Teves, et al.
176579, 28 June 2011
Sec. 22. Promotion of Rights of Indigenous Cultural Communities
Sec. 23. Community-based Private Organizations
Sec. 24. Vital Role of Communications
Sec. 25. Local Autonomy
Rodolfo G. Navarro, et al. v. Executive Secretary Eduardo Ermita, et al.
GR No. 180050, April 12, 2011 (Liberal construction)
Belgica v. Ochoa, GR No. 208566, November 19, 2013 (PDAF) (supra. Sec. 25)
5
Sec. 26. Equal Access to Political Opportunities and Political Dynasties
Pamatong v. COMELEC – 427 SCRA 96 [2004] (Mere privilege, not a right)
Rodolfo G. Navarro, et al. v. Executive Secretary Eduardo Ermita, et al. (supra)
Sec. 25)
Belgica v. Ochoa
Section 27. Honesty and Integrity in Public Service
Dimapilis- Baldoz v. COA, GR No. 199114, July 16, 2013
Sec. 28. Full Public Disclosure
Neri v. Senate
Wilson P. Gamboa v. Finance Secretary Margarito B. Teves, et al. (supra. Sec.
21)
Briccio "Ricky" A. Pollo v. Chairperson Karina Constantino-David, et al., GR
181881, October 18, 2011 (Requirement of privacy rights)
Philippine Savings Bank and Pascual M. Garcia, III v. Senate Impeachment
Court, GR No. 200238, February 9, 2012 (Secrecy of foreign currency deposit)
In Re: Production of Court Records, February 14, 2012 (Rule laid down for
disclosure of court records
