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    Updated Syllabus After Citizenship

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    Loyd Vince Naganag
    The document discusses the principles of separation of powers, blending of powers, and checks and balances in the Philippine Constitution. It examines these concepts through various Supreme Court cases. It also analyzes the legislative power and composition of the House of Representatives. Specifically, it compares the qualifications, terms, and term limits of senators and representatives. It analyzes residency requirements and reviews related cases. It also discusses the composition of the House including district and party-list representatives, apportionment rules and related jurisprudence.

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    Updated Syllabus After Citizenship

    Uploaded by

    Loyd Vince Naganag
    22 views3 pages
    The document discusses the principles of separation of powers, blending of powers, and checks and balances in the Philippine Constitution. It examines these concepts through various Supreme Court cases. It also analyzes the legislative power and composition of the House of Representatives. Specifically, it compares the qualifications, terms, and term limits of senators and representatives. It analyzes residency requirements and reviews related cases. It also discusses the composition of the House including district and party-list representatives, apportionment rules and related jurisprudence.

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    The document discusses the principles of separation of powers, blending of powers, and checks and balances in the Philippine Constitution. It examines these concepts through various Supreme Court cases. It also analyzes the legislative power and composition of the House of Representatives. Specifically, it compares the qualifications, terms, and term limits of senators and representatives. It analyzes residency requirements and reviews related cases. It also discusses the composition of the House including district and party-list representatives, apportionment rules and related jurisprudence.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    22 views3 pages

    Updated Syllabus After Citizenship

    Uploaded by

    Loyd Vince Naganag
    The document discusses the principles of separation of powers, blending of powers, and checks and balances in the Philippine Constitution. It examines these concepts through various Supreme Court cases. It also analyzes the legislative power and composition of the House of Representatives. Specifically, it compares the qualifications, terms, and term limits of senators and representatives. It analyzes residency requirements and reviews related cases. It also discusses the composition of the House including district and party-list representatives, apportionment rules and related jurisprudence.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Principles:

    1. Separation of Powers

    a. PANGASINAN TRANSPORTATION VS. PUBLIC SERVICE COMMISSION,


    G.R. No. 47065
    (Purpose)

    b. BELGICA VS. EXECUTIVE SECRETARY, G.R. No. 208560


    (read on the Separation of Powers issue)

    c. ANGARA VS. ELECTORAL COMMISSION, G.R. No. L-45081


    (Is separation of powers expressly provided in the Constitution?)

    d. ANITA SANTOS, PETITIONER, VS. ATTY. KISSACK B. GABAEN, et. al.,


    G.R. No. 195638

    e. Review Political v Justiciable Question

    2. Blending of Powers

    a. Examples of Blending:
    1. Enactment of a general appropriations law
    2. Enactment of laws in general
    3. Treaties
    4. Grants of Amnesty

    3. Checks and Balances

    a. Principle/Definition
    b. Examples
    1. Veto Power
    2. Impeachment
    3. Judicial Review

    *we will learn more on these examples as we go through the Constitution

    LEGISLATIVE

    ARTICLE VI, Sec. 1

    1. Define Legislative Power

    a. Can the Congress pass irrepealable laws?


    b. Limitations on the Power:
    1. Substantive
    Art. III, Sec. 4, 5, 10, 19, 22, among others
    Art. VI, Sec. 31
    2. Procedural
    To be discussed in Art. VI, Sec. 26 and 27

    2. Non-Delegation - explain this doctrine

    3. Permissible Delegation:
    a. President
    1. Art. VI, Section 23 (2)
    2. Art. VI, Section 28 (2)

    b. Local Government Units


    1. RUBI VS. PROVINCIAL BOARD, G.R. No. L-14078
    2. PEOPLE VS. VERA, G.R. No. L-45685

    c. Administrative Bodies (Subordinate Legislation)


    1. General Rule - what can the administrative body do?
    2. Tests for a Valid Delegation
    a. PELAEZ vs. AUDITOR GENERAL, G.R. No. L-23825
    b. YNOT vs. IAC, G.R. No. 74457
    c. TATAD vs. SECRETARY OF ENERGY, G.R. No. 124360
    d. US vs. ANG TANG HO, G.R. No. L-17122
    e. TIO vs. VIDEOGRAM REGULATORY BOARD, G.R. No. 75697

    3. Force of a Penal Law


    a. US vs. GRIMMAUD, 220 US 506, (1991)
    b. US vs. BARRIAS, G.R. 4349

    d. People
    1. Art. VI, Sec. 1
    2. Art. VI, Sec. 32 (check the requirements under the Constitution)
    3. Art. XVII, on amendments
    4. RA 6735
    Read on the following:
    a. Initiative, in general
    b. Initiative on the Constitution, on Statutes, on Local Legislation
    c. Referendum, in general
    d. Referendum on Statutes, on Local Laws

    ARTICLE VI, Sec. 2, 3, 4,


    Sec. 6, 7

    1. Qualifications and Terms of a Senator and a Member of the House of Representative


    a. Make a table comparing the qualifications, term, and limitation on terms of the
    members of the Congress.

    b. Citizenship Requirement - Natural Born (review lesson on Citizenship)


    1. Bengzon v. HRET, G.R. No. 142840

    c. Residence Requirement
    1. REP. DANILO FERNANDEZ vs. HRET AND JESUS VICENTE, G.R.
    No. 187478, December 21, 2009
    2. AGAPITO AQUINO vs. COMELEC, G.R. no. 120265
    3. COQUILLA vs. COMELEC, G.R. no. 151914

    d. AQUILINO Q. PIMENTEL, JR. vs. COMELEC, G.R. No. 161658

    e. On Term Limits
    1. CABIGAO, MAKABENTA, et al vs. COMELEC, G.R. No. 247806

    *more on this on your election law


    ARTICLE VI, Sec. 5

    2. House of Representatives

    a. Composition:
    aa. District Representatives

    i. Article VI, Section 5(3) and (4)


    ii. Rules to follow in apportionment:
    a. Section 5(3)
    a1. Aquino III, v. COMELEC, G.R. No. 189793
    a2. But check on the Local Government Code, which
    provides a population of 250,000 as an alternative
    requirement for provinces.

    b. Prohibition on Gerrymandering (first part of 5(3))


    b1. Ceniza v. COMELEC, G.R. No. L-52304
    b2. Navarro v. Executive Secretary, G.R. No. 180050
    b3. Aldaba v. COMELEC, G.R. No. 188078

    c. Apportionment by the Congress


    c1. Election for the new legislative district
    - read Aldaba, above

    c2. Is a plebiscite required?


    - Bagabuyo v. COMELEC, G.R. No. 176970

    c3. Who can exercise this function?


    - Montejo v. COMELEC, G.R. No. 118702
    - Sema v. COMELEC, G.R. No. 177597

    bb. Party-List Representatives

    *to be continued

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