Constitutional Law 1 Assignment for July 19th, 2012 1. 2.

Finish on Inherent Powers of Government including assigned cases not yet discussed. Read, CRUZ, pp. 50 to 72. Provisions of Constitution as provided in outline below. 3. Prepare case digests following the subject matter given in the outline. Try to improve in drafting case digests using as a sample the ones forwarded to you. 4. Practice reciting without looking at notes. Even if the digest does not contain certain facts and for as long as you have read the case, you can easily recall facts asked when reciting. Principles and Policies of the Philippines A. Principles 1. Sovereignty of the People and Republicanism Art II. Sec1 Art V Suffrage 2. Adherence to International Law Preamble Art II, Sec 2 Doctrine of Incoprporation and Doctrine of Transformation Pharmaceutical and Health Care Association vs. Duque, 555 SCRA 265 [G.R. No. 173034] Group 1 Art II, Sec. 7-8 Art XVIII, Sec. 4 and 25 3. Supremacy of Civilian Authority Art. II, Sec 3 Art VII, Sec 18 What is meant by Commander-in-Chief provision in Constitution? Alih vs. Castro, 151 SCRA 279 [L-69401] (June 23, 1987) Group 2 Art XVI, Sec 5 Art XVI, Sec 5 Is right to bear arms a constitutional right? Chavez vs. Romulo, 431 SCRA 534 [No. 157036] (June 9, 2004) Group 3 Defense of the State is constitutionally mandated People vs. Lagman and People vs. Zosa, 66 Phil. 13 [No. 45892 -45893] (July 13, 1993) Group 1

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Government as Protector of the People and Defender of the State; Parens Patriae Art II, Sec 4 Art II, Sec 5 Review Cabanas vs. Pilapil, supra.

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Separation of Church and State Art II, Sec 6 Art III, Sec 5 Art IX,C, Sec 5(2) Art VI, Sec 5(2) Art. VI, Sec 6. Art III, Sec 5. Exceptions Art VI, Sec 28(3) Art VI, Sec. 29(2) Art XIV, Sec 3(3) Art XIV, Sec 4(2)

B.Policies 1. Independent Foreign Policy and Nuclear Free Philippines Art II, Sec 7-8 Art XVIII, Secs 4 and 25 2. A just and dynamic social order Preamble Art II, Sec 9 a. The promotion of social justice See definition of Social Justice by Justice Laurel in Calalang vs. Williams, 70 Phil. 726 in Cruz, Political Law. Art II, Sec 10 Art XIII, Sec 1 and 2 Executing and non-executing provisions in Constitution Tondo Medical Center vs. Court of Appeals [G.R. No. 167324] (July 17, 2007 Group 2 Art II, Sec 26

Art VII, Sec 13, par 2 b. Respect for human dignity and human rights Art II, Sec 11 Art XIII, Sec 17-19 Powers of the Commission on Human Rights; Political right and civil right Simon vs. Commission on Human Rights, 229 SCRA 770 [G.R. No. 100150] (June 2, 1995) Group 3 c. Fundamental equality of women and men Art II, Sec. 14 Art XIII, Sec. 14 (Remember People vs. Pomar, supra.) Promotion of health Art II, Secs. 15 to 16 Does Art. II, Sec. 16 provided for an enforceable right? Why? Oposa vs. Factoran, 224 SCRA 792 [G.R. No. 101083] Group 1 Can an agency implement ecological protection measures to the objection of local government Units? LLDA vs. Court of Appeals, 251 SCRA 42 [G.R. No. 120865-71] (Dec. 7, 1995) Group 2 Art. XIII, Sec. 14 e. Priority of education, science, technology, arts, culture and sports Requirement that a school should fitst acquire government accreditation before opening is valid and constitutional. What constitutional provision is applies? Phil. Merchant Marine School, Inc. vs. Court of Appeals, 244 SCRA 770 [G.R. No. 112844] (June 2, 1995) Group 3 Art. XIV, Sec. 5 What is meant by compulsory education? What is meant by directory? Guingona vs. Carague, 196 SCRA 221 [G.R. No. 94571] (April 22, 1991) Group 1 Art. II, Sec 17 (Remember DECS vs. San Diego, supra. ) Art XIV, Sec 2

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Urban land reform and housing Art XIII, Secs 9 to 10

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Reform in agriculture and other natural resources Art II, Sec 21 Art XIII, Sec 4 to 8 Is CARP Law constitutional? Why or why not? Asso. of Small Landowners in the Phil. vs. Secretary of Agrarian Reform, 15 SCRA 343 \[G.R. No. 78742] (July 14, 1989) Group 2

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Protection to Labor Art II, Sec 18 (see JMM Promotion and Management vs. Court of Appeals, supra.) Art XIII, Sec 3 Art III, Sec 8 Art IX, (B) Sec 2(5) i. Independent peoples Organizations Art.. II, Sec. 23 Art XIII, Secs. 15-16 3. Family as a basic autonomous social institution. Art II, Sec. 12 Civil Code Art 52 Art XV Art. II, Sec 13

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A self reliant and independent economic order Art II, Sec 19 Art II, Sec 20 See Art XVIII, Sec 23 Art XII, Sec 6 (National Economy and Patrimony) Power of Government to intervene when necessary to promote general welfare Association of Philippine Coconut Desiccators vs. Phil. Coconut Authority [G.R. No. 110526] (Feb. 28, 1998) Group 3 Constitution, Art. XII, Sec. 1 applied; Effect

Garcia vs. Board of Investments [G.R. No. 92024] (November 9, 1990) Art.. II, Sec. 26 (Group 1) Equal access to Presidency not a right; Privilege subject to restrictions Pamatong vs. Comelec, 477 SCRA 96 [G.R. No. 161872] Group 2 5. Communication and information in nation building Art II, Sec 24 Art XVI, Sec 10-11 Art XVIII, Sec 23 Autonomy of local governments Art II, Sec 25 See Art X Decentralization of Administration distinguished from Decentralization of Power Limbonas vs. Mangelin, 170 SCRA 786 [G.R. No. 80391] (Feb. 28, 1989] Group 3 With the Local Automy provisions in Constitution, do these affect the relationship between the National Government and Local Government units (LGUs) Lina vs. Pano, 364 SCRA 76 [G.R. No. 129093] (August 30, 2001) Group 1 7. Recognition of rights of indigenous cultural communities Art II, Sec 22 Art VI, Sec 5(2) Art XII, Sec 5 Art XIII, Sec 6 Art XIV, Sec 17 Art XVI, Sec 12 Honest Public Service and Full Public Disclosure Art II, Sec 27 Art XI, Sec 4, 5, 6 Art II, Sec 28 Art XI, Sec 17 Art VII, Sec 20 Art XII, Sec 21 Art XII, Sec 2, par 5 Art VI, Sec 12 and 20 Art IX, D, sec 4 Art III, Sec 7 Valmonte v Belmonte, 170 SCRA 256 Group 2 Legaspi vs. Civil Service Commission, 150 SCRA 530 Group 3 o---oOo----o

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