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CONSTITUTIONAL LAW 1

I. The Constitution and its Interpretation Interpretation Adoption and Amendment of the Constitution II. Judicial Review A. Separation of Powers B. Theory and Justification of Judicial Review C. Justiciable and Political Questions D. Requisites of Judicial Review 1. Actual Case or Controversy Prematurity: Mootness: 2. Proper Party Citizen Standing: Associational Standing: Taxpayers Standing: Voters Standing: Legislative Standing: Governmental Standing: Facial Challenge: 3. Earliest Opportunity 4. Necessity of Deciding Constitutional Questions

III.

Territory, People, and Government A. Territory

See Exec. Ord. No. 292 (1987), Book I, sec. 3. Republic Act No. 9522 (2009). B. People 1. Citizenship Article IV (Citizenship), Sections 1-5 See Exec. Ord. No. 292 (1987), Book I, sections 5 to 9. Republic Act No. 8171 (1995) Republic Act No. 9225 or An Act Making the Citizenship of Philippine Citizens who Acquire Foreign Citizenship Permanent, Amending for the Purpose Commonwealth Act No. 63, As Amended and for other Purposes (August 29, 2003) 2. Suffrage Art. V (Suffrage), Sections 1-2 Republic Act No. 9189 or An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for other Purposes (February 13, 2003) C. Government Government of the Philippines, Defined See Exec. Ord. No. 292 (1987), Introductory Provisions, section 2. Constituent and Ministrant and Functions of the Government Traditional Classification of Government Functions De Facto and De Jure Government Revolutionary Government Parens Patriae Immunity from Suit See Exec. Ord. No. 292 (1987), Book I, sections 10-11. Money Claims Inherent Powers of the State IV. The Branches of Government A. Congress

1. Power, Composition, Qualification and Term of Office See Republic Act No. 6735 (1989) a. Senate b. House of Representatives 2. Election a. Regular election b. Special election 3. Organizations and Sessions a. Election of Officers b. Quorum c. Rules of Proceedings d. Discipline of Members e. Journal and Record 1. The Enrolled Bill Theory 2. Probative Value of the Journal 3. Matters to be entered in the Journal 4. Journal Entry Rule v. Enrolled Bill Theory 5. Congressional Record f. Session 1. Regular sessions 2. Special sessions 3. Joint sessions 4. Salaries, Privileges and Disqualifications a. Salaries b. Freedom from Arrest c. Speech and Debate Clause d. Disqualifications e. Duty to Disclose 5. Electoral Tribunals 6. Commission on Appointments

7. Powers of Congress a. General Plenary Powers b. Limitations on the Legislative Power 1. Substantive limitations 2. Procedural limitations 8. Legislative Process a. Requirements as to bills 1. Titles of bills 2. Requirements as to certain laws a. Appropriation laws b. Tax laws c. Appellate jurisdiction of the Supreme Court b. Procedure for the passage of bills c. Effectivity of laws d. Question Hour e. Legislative investigation 9. Other Powers: a. Act as board of canvassers for presidential election b. Call a special election for Presidency c. Decide on disability of the President d. Legislative veto or extension for suspension of writ of habeas corpus or declaration of martial law e. Presidential amnesties f. Concur in treaties g. Declaration of existence of war h. Delegation of emergency powers i. Utilization of natural resources j. Amendment of Constitution k. Power of Impeachment

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