Course Outline Based on the Supreme Court Syllabus for
The 2012 Bar Examination
I. The Constitution
A. Definition
1. Constitution, in general
2. Constitution of the Philippines, in particular
B. Nature and Characteristics
C. Purpose
D. Classification
E. Qualities of a good written Constitution
F. Parts
G. Amendments and revisions
H. Procedure in amending the 1987 Philippine Constitution
I. Self-executing and non-self-executing provisions
Case:
1. Bureau of Fisheries and Aquatic Resources Employees Union v. Commission on Audit, G.R. No. 169815, August 13, 2008
J. Interpreting and Constructing the Constitution
J. State
1. Definition
2. Elements
K. The Inherent Powers of the State
1. Definition
2. Similarities
3. Distinctions
4. Limitations
II. General Considerations
A. The Preamble
B. National territory (Art. I)
1. Archipelagic doctrine
Case:
1. Prof. Merlin M. Magallona v. Hon. Eduardo Ermita, G.R. No. 187167, July 16, 2011
C. State immunity
1. Legal Basis (Art. XVI Sec. 3)
2. Scope (De Leon, Vol. II p. 1157)
3. When is a suit against a State (ibid)
4. Reasons or bases of the Doctrine (ibid)
5. When suits against the State permissible (ibid)
6. Execution of judgment against the State (ibid)
Case:
1. Professional Video v. Technical Education and Skills Development Authority, G.R. No. 155504, June 26, 2009
2. Deutshe Gesellschaft v. Hon. Court of Appeals, G.R. No. 152318, April 16, 2009
3. Lockheed Detective and Watchman Agency, Inc. v. University of the Philippines, G.R. No. 185918, April 18, 2012
4. Air Transportation Office v. Sps. David and Elisea Ramos, G.R. No. 159402, February 23, 2011
5. Gregorio R. Vigilar, Sec. of DPWH, et al v. Arnulfo Aquino, G.R. No. 180388, January 18, 2011
6. Shell Philippines Exploration v. Fren Jalos, et al., G.R. No. 179918, September 8, 2010
D. Principles and policies
1. Principles (Art. II, Secs. 1-6)
1.1 Manifestations of a Republican State
1.2 Constituent and Ministrant functions of the Government
1.3 De Jure and De Factor Government
2. State Policies (Art. II, Sec. 7-28)
2.1 Social justice
2.2 Laissez faire
E. Separation of powers
F. Checks and balances
G. Principle of Blending of Powers
H. Delegation of powers
I. Forms of government
III. Legislative Department (Art. VI)
Preliminary:
Meaning of Legislative Power
Bicameralism versus Unicameralism
Plenary Power
Substantive and Procedural Limits on Legislative Power
A. Who may exercise legislative power (Art. VI, Sec. 1)
1. Congress
a) Principle of Non-Delegation of Legislative Power
b) Exceptions
c) Tests for Valid Delegation of Rule Making to Administrative Agencies
Reference:
Chapter 7, 8 and 9, Philippine Political Law, 2002 Edition, Cruz
Case:
1. Emmanuel Pelaez v. Auditor General, 15 SCRA 569
2. ABAKADA Guro Party List v. The Honorable Executive Secretary, G.R. No. 168056, September 1, 2005
3. Romeo Gerochi v. Department of Energy, G.R. No. 159796, July 17, 2007
2. Regional/Local legislative power
3. People’s initiative on statutes
a) Initiative and referendum
B. Houses of Congress
1. Senate
a) Composition and Election (Art. VI, Sec. 2)
b) Qualifications (Art. VI, Sec. 3)
c) Term of office (Art, VI, Sec. 4)
2. House of Representatives
a) Composition and election (Art. VI, Sec. 5)
b) District representatives and questions of apportionment (Art. VI. Sec. 5)
c) Party-list system (Art. VI, Sec. 5)
d) Qualifications (Art. VI, Sec. 6)
e) Term limits (Art. VI, Sec. 7)
Case:
1. Agapito A. Aquino v. Commission on Elections, G.R. No. 120265, September 18. 1995
2. Makil A. Pundaodaya v. Commission on Elections, G.R. No. 179313, September 17, 2009
3. Renald F. Vilando v. House of Representatives Electoral Tribunal and Jocelyn Limkaichong, G.R. No. 192147 & 192149, August 23, 2011
C. Legislative privileges, inhibitions and disqualifications
1. Parliamentary Immunity
2. Conflict of Interest
3. Incompatible and Forbidden Offices
4. Inhibitions and Disqualifications
Case:
1. Antero J. Pobre v. Sen. Miriam Defensor Santiago, A.C. No. 7399, August 25, 2009
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the commission on appointments
1. Nature
2. Powers
G. Powers of Congress
1. Legislative
a) Legislative inquiries and the oversight functions
b) Bicameral conference committee
c) Limitations on legislative power
(i) Limitations on revenue, appropriations and tariff measures
(ii) Presidential veto and Congressional override
2. Non-legislative
a) Informing function
IV. Executive Department
A. Privileges, inhibitions and disqualifications
1. Presidential immunity
2. Presidential privilege
B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a) In general
b) Commission on appointments confirmation
c) Midnight appointments
d) Power of removal
3. Power of control and supervision
a) Doctrine of qualified political agency
b) Executive departments and offices
c) Local government units
4. Military powers
5. Pardoning power
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures
8. Delegated powers
9. Veto powers
10. Residual powers
C. Rules on Succession
V. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence
C. Judicial restraint
D. Appointments to the Judiciary
E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
VI. Constitutional Commissions
A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Prohibited offices and interests
D. Jurisdiction of each constitutional commission
E. Review of final orders, resolutions and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions
VII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship
C. Naturalization and denaturalization
D. Dual citizenship and dual allegiance
E. Loss and re-acquisition of Philippine citizenship
F. Natural-born citizens and public office
VIII. Law on Public Officers
A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The civil service
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers
1. Impeachment
2. Ombudsman
a) Functions
b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits
IX. National Economy and Patrimony
A. Regalian doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development and utilization of natural resources
D. Franchises, authority and certificates for public utilities
E. Acquisition, ownership and transfer of public and private lands
F. Practice of professions
G. Organization and regulation of corporations, private and public
H. Monopolies, restraint of trade and unfair competition
XIV. Social Justice and Human Rights
A. Concept of social justice
B. Commission on human rights
XV. Education, Science, Technology, Arts, Culture and Sports
A. Academic freedom
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