Constitutional Law 1 Assignment for October 5, 2015

Instructions:
For our class on October 5, 2015, the following topics will be discussed.
The assigned cases will also be recitation items.
Ms. Angeles will assign group numbers. In the case indicated, there is a
Group number. The group is to submit a case digest. Case digests should be
emailed at : daveyap101@yahoo.com by October 4, 2015. Case digests
should be submitted per group not peace meal. Thus, if a group is assigned 3
cases, submit all 3 case digests one time.
However, any student can be called to recite any case.
Principles and Policies -Article 2
a. Promotion of health
Art II, Secs. 15 to 16
Does Art. II, Sec. 16 provide for an enforceable right? Why?
Oposa vs. Factoran, 224 SCRA 792 [G.R. No. 101083] (1993) Group 1
In Oposa vs. Factoran, does a basic right have to be indicated
or written in the Constitution in order for it to be enforceable?
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
Also Art. XIII, Sec. 14
In LLDA vs. CA, can a government agency
implement ecological protection measure in the
area of local government units who are objecting
to such?
b. 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,
175 SCRA 343 [G.R. No. 78742] (July 14, 1989) Group 3
In Association of Land Owners vs. DAR, what is the
constitutional mandate on land reform? What is the effect of land
reform on private land ownership? Is this not a deprivation of
property?
c. 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 4
d. 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] 286 SCRA 109 (Feb. 28, 1998) Group 5
In Association of Phil. Coconut vs. PCA, is the government
empowered to intervene in private business? When?
Constitution, Art. XII, Sec. 1 applied; Effect
Garcia vs. Board of Investments [G.R. No. 92024] (November 9, 1990)
Art.. II, Sec. 26 (Group 6)
In Garcia vs. BOI, what would be the guidelines for government
agency to grant applications in business that are pioneering?

e. 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 7
In Limbonas vs. Mangelin, how is decentralization of power
distinguished from decentralization of administration?

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 8
f. 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 9
In Lina vs. Pano, considering the constitutional provisions of the
Constitution on local government autonomy, does this diminish the
control of the central government over local government units?
Legaspi vs. Civil Service Commission, 150 SCRA 530 Group 10
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What is the theory of separation of powers?

What are the powers separated?
What is the purpose of separation of powers/
What is overlapping of functions or blending of powers?
What is the principle of checks and balances?
Abueva vs. Wood, 45 Phil. 612 [No. 21327] (Jan. 14, 1924) Group 2
Government of the Philippine Islands vs. Springer, 50 Phil. 259
[No. 26979] (April 1, 1927) Group 2
Noblejas vs. Teehankee, 23 SCRA 405 [L-28790] (April 29, 1968)
Group 3
1. In the following cases, what is the principle of checks and balances?
How is the principle of checks and balances applied in these cases?
How does checks and balances work and what is its relation to
separation of powers?
U.S. vs. Ang Tang Ho, 43 Phil. 1 [No. 17122] (Feb. 27, 1922) Group
4
Planas vs. Gil, 67 Phil. 62 [No. 46440] (Jan. 18, 1939) Group 5
Tan vs. Macapagal, 43 SCRA 677 [No. L-34161] Group 6
2. In the following cases, find out what is a political question and
justiciable question? Who declares that a question is political or
justiciable? Who are the parties involved in resolving these cases?
Casibang vs. Aquino, 92 SCRA 642 [L-38025] (Aug. 20, 1979) Group
7
Sanidad vs. Comelec, 73 SCRA 333 [L-44640] (Oct. 2, 1976) Group 8
Abueva vs. Wood, supra. Group 1
3. In the following cases, what is potestas delegata non delegari potest?
To where is this rule applicable? What is the basis or rationale of this
rule? When is there lawful delegation of power? When is there
unlawful delegation of power? What are the standards for the lawful
delegation of power? What are the elements of these standards? In the
case assigned, was there a lawful or unlawful delegation of power?

Eastern Shipping Lines vs. POEA, 166 SCRA 533 [L- 76633] (Oct.
18, 1988) Group 9
Conference of Maritime Manning Agencies vs. POEA, 243 SCRA 666
[G.R. No. 114714] (April 21, 1995) Group 10
U.S. vs. Barrias, 11 Phil. 327 [No. 4349] (Sept. 24, 1908) No group
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