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    I. General Considerations

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    This document outlines the course syllabus for Constitutional Law 2. It covers 6 main topics: 1) the state and constitution, 2) fundamental powers of the state like police power and taxation, 3) the bill of rights, 4) due process and equal protection, 5) right to privacy and searches/seizures, and 6) right to information. Each section provides definitions and principles for the topics and lists relevant cases for discussion. The syllabus aims to comprehensively cover the key concepts and jurisprudence related to constitutional law.

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    I. General Considerations

    Uploaded by

    marvin nino
    76 views11 pages
    This document outlines the course syllabus for Constitutional Law 2. It covers 6 main topics: 1) the state and constitution, 2) fundamental powers of the state like police power and taxation, 3) the bill of rights, 4) due process and equal protection, 5) right to privacy and searches/seizures, and 6) right to information. Each section provides definitions and principles for the topics and lists relevant cases for discussion. The syllabus aims to comprehensively cover the key concepts and jurisprudence related to constitutional law.

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    This document outlines the course syllabus for Constitutional Law 2. It covers 6 main topics: 1) the state and constitution, 2) fundamental powers of the state like police power and taxation, 3) the bill of rights, 4) due process and equal protection, 5) right to privacy and searches/seizures, and 6) right to information. Each section provides definitions and principles for the topics and lists relevant cases for discussion. The syllabus aims to comprehensively cover the key concepts and jurisprudence related to constitutional law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views11 pages

    I. General Considerations

    Uploaded by

    marvin nino
    This document outlines the course syllabus for Constitutional Law 2. It covers 6 main topics: 1) the state and constitution, 2) fundamental powers of the state like police power and taxation, 3) the bill of rights, 4) due process and equal protection, 5) right to privacy and searches/seizures, and 6) right to information. Each section provides definitions and principles for the topics and lists relevant cases for discussion. The syllabus aims to comprehensively cover the key concepts and jurisprudence related to constitutional law.

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    © All Rights Reserved
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    of 11

    Constitutional Law 2 - Course Syllabus

    Rolly Francis C. Peoro

    I. General Considerations

    A. State
    - Definition, Elements)
    B. Constitution
    - Nature, History, Essential Parts

    II. Fundamental Powers of the State

    A. General Principles
    - Similarities and distinctions
    B. Police Power
    - Definition and Characteristics
    - Tests for valid exercise
    C. Power of Eminent Domain
    - Requisites
    - RULE 67, Rules of Court
    D. Power of Taxation
    - Definition and limitations
    - Cases

    Ermita-Malate Hotel & Motel Operators v. City Mayor, 20


    SCRA 849(1967)
    City of Manila v. Laguio, G.R. No. 118127, April 12, 2005
    Morfe v. Mutuc, G.R. No. L-20387 January 31, 1968
    White Light Corp. v. City of Manila, G.R. No. 122846, January
    20,2009.
    Carlos Superdrug Corp. v. DSWD, G.R. No. 166494
    Taxicab Operators of Metro Manila v. BOT, 119 SCRA 597
    (1982)`
    DECS v. San Diego, G.R. No. 89572, December 21, 1989

    1
    Telecommunications and Broadcast Attorneys of the
    Philippines, Inc. and Gma Network, Inc., v. Comelec, G.R. No.
    132922. April 21, 1998.
    Imbong v. Ochoa, G.R. No. 204819, April 8, 2014
    Disini v. Executive Secretary, G.R. No. 203335, February 11,
    2014.
    City of Manila v. Chinese Cemetery of Manila, 40 Phil 349
    (1919)
    Hacienda Luisita Inc. v. PARC, G.R. No. 171101, Decision,
    July 5, 2011 Resolution, November 22, 2011
    PLDT v. NTC, G.R. No. 88404, October 18, 1990
    Republic v. Castelvi, 58 SCRA 336 (1974)
    Philippine Press Institute v. Comelec, 244 SCRA 272 (1995)
    Export Processing Zone Authority v. Dulay, G.R. No. L-59603,
    April 29,1987
    Social Justice Society v. Atienza, G.R. No. 156052, February
    13, 2008
    MMDA v. Bel-Air Village Asssoc. , G.R. No. 135962, March
    27, 2000.
    Quezon City v. Ericta, G.R. No. 34915, June 24, 1983.
    NAPOCOR v. Gutierrez, G.R. No. L-60077, January 18, 1991
    Municipality of Paranaque v. V.M. Realty Corp, G.R. No.
    127820, July 20, 1998
    Land bank of the Philippines v. Eusebio, G.R. No. 160143, July
    2, 2014.

    III. Bill of Rights Proper

    A. General Principles
    B. Kinds of Rights
    C. Universal Declaration of Human Righs
    D. International Covenant on Civil and Political Rights
    E. Cases

    2
    Philippine Blooming Mills Employment Organization v.
    Philippine Blooming Mills Co., G.R. No. L-31195, June 5,
    1973
    Oposa v. Factoran, G.R. No. 101083, July 30, 1993
    Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003.

    IV. Due Process and Equal Protection of the Law

    A. Due Process
    - Life, liberty and property
    - Substantive Due Process (Void for Vagueness and
    Overbreadth Doctrine)
    - Procedural Due Process
    - See also CONST. Art. VIII, Sec. 14,
    - Cases

    Estrada v. Sandiganbayan, G.R. No. 148560, November 19,


    2001
    David v. Arroyo, G.R. No. 171390, May 3, 2006
    People v. Dela Piedra, January 24, 2000
    Southern Hemisphere Network v. Anti Terrorism Council, G.R.
    No. 178552
    Tanada v. Tuvera, 146 SCRA 446 (1886)
    Webb v. De Leon, 247 SCRA 652
    People v. Larranaga, G.R. nos. 138874-75, January 31, 2006
    People v. Sanchez, G.R. No. 121039, October 18, 2001
    Anzaldo v. Clave
    People v. Mendenilla (2001)
    Marcos v. Sandiganbayan, October 6, 1998
    Equitable Banking Corp. v. Calderon, G.R. No. 156168,
    December 14, 2004
    Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003
    Government of Hongkong v. Olalia, G.R. No. 153675, April
    19, 2007.
    Government of Hongkong v. Munoz, G.R. No. 207342, August
    16, 2016
    Central Bank v. CA, March 30, 1993

    3
    Tua v. Magrobang, G.R. No. 170701 January 22,
    2014
    Tan v. Barrios, October 18, 1990
    Mejia v. Pamaran, G.R. No. L-56741, April 15, 1988
    People v. Estrada G.R. No. 130487 June 19, 2000
    Ang Tibay v. CIR, 69 Phil. 635 (1940)
    Velarde v. SJS, G.R. No. 159357. April 28, 2004

    B. Equal Protection of the Laws


    - Valid Classification

    Philippine Judges Association v. Prado, 227 SCRA 703


    PASEI v. Drilon, 163 SCRA 386
    Lacson v. Executive Secretary, G.R. No. 128096, January 20,
    1999 Int’l. School Alliance of Educators v. Quisumbing, G.R.
    No. 128845 Himagan v. People, 237 SCRA 538
    Gallardo v. People, G.R. No. 142030, April 21, 2005
    Beltran v. Secretary of Health, G.R. No. 133640
    Ang Ladlad LGBT Partylist v. COMELEC, G.R. No. 190582,
    April 8, 2010
    Biraogo v. Truth Commission, G.R. No. 192935/G.R. No.
    193036
    Garcia v. Drilon, G.R. No. 179267, June 25, 2013
    Telecommunications and Broadcast Attorneys of the
    Philippines, Inc. and Gma Network, Inc., v. Comelec, G.R. No.
    132922. April 21, 1998.
    DECS v. San Diego, G.R. No. 89572, December 21, 1989
    Mosqueda v. Pilipino Banana Growers , GR No. 189185,
    August 16, 2016

    V. Right to privacy / Searches and Seizures

    Morfe v. Mutuc, 130 Phil. 415


    Disini v. Secretary of Justice, G.R. No. 203335, February 18
    In Re Sabio; Miguel v. Gordon, 535 Phil. 687
    Whalen v. Roe, 429 U.S. 589

    4
    Ople v. Torres- G.R. No. 127685, Jul. 23, 1998.
    Disini v. Secretary of Justice - G.R. No. 203335, February 11,
    2014.
    Vivares v. St Theresa’s College, G.R. No. 202666, September 29,
    2014.
    People v. Bongcarawan, G.R. No 143944, July 11, 2002.
    Zulueta v. CA , G.R. No. 107383 February 20, 1996
    Ople v. Torres, G.R. No. 127685, July 23, 1988
    In Re Laureta, 148 SCRA 382
    Gaanan v. IAC, 145 SCRA112)
    Ramirez v. CA, September 28, 1995
    Navarro v. CA, G.R. No. 121087, August 26, 1999
    Marquez v. Desierto, G.R. No. 135882, June 27, 2001
    Zulueta v. CA, 253 SCRA 699
    Waterous Drug Corporation v. NLRC, G.R. No. 113271
    Aberca v. Ver, 160 SCRA 590

    A. Scope of protection

    Burgos v. Chief Of Staff, 133 SCRA 800 (1984)

    B. Invocation of the right

    Stonehill v. Diokno, 20 SCRA 383


    People v. Damaso, 212 SCRA 457
    People v. Marti, 193 SCRA 57
    People v. Bongcawaran, July 11, 2002
    People v. Cachola, January 21, 2004
    People v. Del Rosario, April 14, 1999

    C. Issuance of Warrant

    Salazar v. Achacoso, 183 SCRA 145


    Harvey v. Santiago, 162 SCRA 840

    5
    D. Requisites of a valid warrant:

    a. Probable cause
    Burgos v. Chief of Staff, 133 SCRA 800
    Corro v. Lising, 137 SCRA 541

    b. Must refer to one offense


    Nala v. Barroso, August 7, 2003

    c. Personal Determination
    Abdula v. Guinai, 326 SCRA 1
    People v. Judge Inting, 189 SCRA 788
    Talingdan v. Judge Eduarte, October 2, 2001

    d. Examination under oath


    Cupcupin v. People, November 19, 2002 Columbia Pictures v.
    Judge Flores, 233 SCRA 761

    e. Particularity of Description
    People v. Estrada, 296 SCRA 383
    Bache & Co v. Ruiz, 37 SCRA 823
    People v. Tee, January 20, 2003
    5
    People v. CA, June 26, 2008
    People v. del Norte, March 29, 2004 Nolasco v. Pano, 139
    SCRA 152

    E. Properties to be seized (See Rule 126 Section 2)


    F. Conduct of search (Rule 126, Section 7)
    People v. Benny Co, September 12, 2003
    G. Instance of Valid Warrantless Search

    a. Waiver (Consented Search)


    People v. Tudtud, September 26, 2003
    People v. Leila Johnson, December 18, 2000
    People v. Gatward, 267 SCRA 785

    6
    b. Search Incidental to Lawful Arrest
    People v. Montilla, January 30, 1998

    c. Search Incidental to Lawful Arrest (Rule 126, Section 12)


    People v. Estella, January 21, 2003
    People v. Go, March 14, 2001
    People v. Chua Ho San, June 17, 1999

    d. Stop and frisk


    Manalili v. CA, October 7, 1997
    People v. Sy Chua, February 4, 2003

    e. Search of vessels and aircraft People v. Usana, January 8,


    2000
    f. Search of moving vehicle/ Checkpoints Caballes v. CA,
    January 15, 2002. People v. Libnao, January 20, 2003
    g. Plain View
    People v. Musa, 217 SCRA 597 People v. Valdez, September
    25, 2000 People v. Suzuki, October 23, 2003
    h. Knock and announce principle
    People v. Huang Zen Hua, September 29, 2004
    i. Search in an airport
    People v. Canton, December 27, 2002

    H. Instances of a Valid Warrantless Arrest

    a. Inflagrantedelicto
    Umil v. Ramos, 187 SCRA 311
    People v. Sucro, 195 SCRA 388
    People v. Molina, February 19, 2001
    People v. Rodriguez, 205 SCRA 791

    b. Personal knowledge that an offense had just been committed


    People v. Del Rosario, April 14, 1999
    6

    7
    People v. Gerente, 219 SCRA 756
    c. Arrest of a prisoner who has escaped
    I. Exclusionary Rule

    VI. Right to Information

    CONST. Article 2, Section 28, & Article 3, Section 7


    Executive Order No. 2, Series of 2016
    Inventory of exceptions to E.O. 2, series of 2016
    R.A. 10173 – Data Privacy Act
    Section 5 of R.A. 6713 - Code of Conduct and Ethical Standards for
    Public Officials and Employees,

    Vamonte v. Belmonte , G.R. No. 74930 February 13, 1989


    Legaspi v. Civil Service Commission, G.R. No. 72119, May 29, 1987
    Chavez v. President Commission on Good Government, G.R. No..
    130716, December 9, 1998.
    Gonzalez v. Narvasa, G.R. No. 140835, August 14, 2000.
    Ba-Ra 7941 v. COMELEC, G.R. No. 177271, May 4, 2007.
    Neri v. Senate Committee on Accountability of Public Officers, G.R.
    No. 180643, September 4, 2008
    Akbayan v. Aquino, G.R. 170156, July 16, 2008.
    Romero v. Guerzon, G.R. No. 211816 March 2015

    VII. Freedom of speech and expression

    1. Prior restraint and subsequent punishment


    2. Content-based and content-neutral regulations
    3. Facial challenges and the overbreadth doctrine
    4. Dangerous tendency, balancing of interests, and clear and present
    danger
    tests
    5. State regulation of different types of mass media
    6. Commercial speech
    7. Unprotected speech

    8
    Social Weather Station v. COMELEC, G.R. No. 147571, May 5,
    2001
    Fernando v. CA, G.R. 159751, December 6, 2006.
    Chavez v. Secretary Gonzales, G.R. No. 168338, February 15,
    2008
    Diocese of Bacolod v. COMELEC, G.R. 205728, January 21,
    2015.
    Soriano v. Laguardia, G.R. Nos. 164785 and 165636, March 15,
    2010
    Manila Bulletin Publishing Corp. v. Domingo, G.R. No. 170341,
    July 5, 2017
    Disini v. Secretary of Justice - G.R. No. 203335, February 11,
    2014.
    GMA Network v. COMELEC , G.R. No. 205357, September 2,
    2014.
    Celdran v. People, G.R. No. 220127, March 21, 2018
    David v. Macapagal-Arroyo, G.R. No. 171396 May 3, 2006
    Bayan v. Ermita, G.R. No. 169838, April 23, 2006
    Ladlad LGBT Party v. COMELEC, G.R. No. 190582, April 8, 2010
    Cagas v. COMELEC, G.R. No. 209185, February 25, 2014

    Republic Act No. 6713, section 4(d)


    Commonwealth Act No. 408 known as the Articles of War. Article
    96
    CSC and COMELEC Joint Circular No. 001, series of 2016

    VIII. Freedom of religion

    1. Non-establishment and free-exercise clauses


    2. Benevolent neutrality and conscientious objectors
    3. Lemon and compelling state interest tests

    Islamic Da’wah Council of the Philippines v. executive Secretary,


    G.R. No. 153888, July 9, 2003.
    Ebralinag v. Division Superintendent of Schools of Cebu, 219
    SCRA 256

    9
    Diocese of Bacolod v. COMELEC, G.R. 205728, January 21,
    2015.
    Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003
    Estrada v. Escritor, June 22, 2006
    Imbong v. Ochoa, G.R. No. 204819, April 8, 2014

    IX. Liberty of abode and travel

    1. Scope and limitations


    2. Watch-list and hold departure orders

    Villavicencio v. Lukban, G.R. No. L-14639 , March 25, 1919


    PASEI v. Drilon, 163 SCRA 386
    Marcos v. Manglapus, 178 SCRA 760
    A.M. No. 18-07-05 SC
    Genuino v. De Lima, G.R. No. 197930, April 17, 2018

    X. Right of association

    Gonzales v. Central Azucarera de Tarlac, 139 SCRA 30


    In re Edillon, 84 SCRA 554

    XI. Impairment clause

    XII. Free access to courts and adequate legal assistance


    XIII. Rights during custodial investigation

    Republic Act No. 7438


    Miranda v. Arizona, 384 U.S. 436
    People v. Lugod, G.R. No. 136253, February 21, 2001
    People v. Escordial, G.R. Nos. 138934, Jnaury 12, 2002
    People v. Peralta, G.R. No. 145176, March 30, 2004

    XIV. Right to bail

    10
    Lavides v. Court of Appeals. G.R. No. 129670
    See also Rule 114 Revised Rules on Criminal Procedure

    XV. Rights of an accused

    See also Rule 115 Revised Rules on Criminal Procedure


    Rep. Act. No. 8493 , Speedy Trial Act
    Cagang v. Sandiganbayan, G.R. Nos. 210141-42, July 31, 2018
    People v. Santociles, G.R. No. 109149, December 21, 1999
    People v. Lacbanes, G.R. No. 88684, March 20, 1997
    People v. Tapeda, 244 SCRA 339

    XVI. Writs of Habeas Corpus, Amparo, Habeas Data, Kalikasan.

    CONST. Art. 7, Section 18


    Rules of Procedure on Environmental Cases
    Rules re Habeas Data, Amparo

    XVII. Speedy disposition of cases

    CONST. , Art. III, section 14 Art. IX-A, Section 7

    XVIII. Involuntary servitude


    XIX. Right against self-incrimination
    XX. Right against double jeopardy

    Ivler v. Modesto-San Pedro, G.R. No. 172716, November 17, 2010


    XXI. Right against excessive fines, and cruel and inhuman
    punishments
    XXII. Non-imprisonment for debts
    Lozano v. Martinez, G.R. No. L-63419. December 18, 1986

    XXIII. Ex post facto laws and bills of attainder

    11

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