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COVERAGE

POLITICAL AND INTERNATIONAL LAW


2015 BAR EXAMINATIONS
I. The Philippine Constitution
A. Constitution: definition, nature and concepts
B. Parts
C. Amendments and revisions
D. Self-executing and non-self-executing provisions
E. General provisions
II. General Considerations
A. National territory
1. Archipelagic doctrine
B. State immunity
C. General principles and state policies
D. Separation of powers
E. Checks and balances
F. Delegation of powers
G. Forms of government
III. Legislative Department
A. Who may exercise legislative power
1. Congress
2. Regional/Local legislative power
3. Peoples initiative on statutes
a) Initiative and referendum
4. The President under a martial law rule or in a revolutionary
government
B. Houses of Congress
1. Senate
2. House of Representatives
a) District representatives and questions of apportionment

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b) Party-list system
C. Legislative privileges, inhibitions and disqualifications
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the Commission on Appointments
1. Nature
2. Powers
G. Powers of Congress
1. Legislative
a) Legislative inquiries and the oversight functions
b) Bicameral conference committee
c) Limitations on legislative power
(i) Limitations on revenue, appropriations and tariff measures
(ii) Presidential veto and Congressional override
2. Non-legislative
a) Informing function
b) Power of impeachment
c) Other non-legislative powers
IV. Executive Department
A. Privileges, inhibitions and disqualifications
1. Presidential immunity
2. Presidential privilege
B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a) In general
b) Commission on Appointments confirmation
c) Midnight appointments
d) Power of removal
3. Power of control and supervision
a) Doctrine of qualified political agency
b) Executive departments and offices
c) Local government units
4. Military powers
5. Pardoning power
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures

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8. Delegated powers
9. Veto powers
10. Residual powers
11. Executive privilege
C. Rules of Succession
V. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence
C. Judicial restraint
D. Appointments to the Judiciary
E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction
F. Judicial privilege
VI. Constitutional Commissions
A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Prohibited offices and interests
D. Jurisdiction of each constitutional commission
E. Review of final orders, resolutions and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions

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VII. Bill of Rights
A. Fundamental powers of the state (police power, eminent domain,
taxation)
1. Concept, application and limits
Exercise of the Police Power primarily exercised by the legislature; may be
delegated to the President and administrative boards as well as the lawmaking
bodies on all municipal levels, including the barangays vested in local government
units under the general welfare clause of the Local Government Code.
Tests for a Valid Exercise of the Police Power - [1] Lawful Subject - the interests
of the public generally, as distinguished from those of a particular class, require the
exercise of the police power, and [2] Lawful Means - the means employed are
reasonably necessary for the accomplishment of the purpose and not unduly
oppressive upon the individual
The police power may use both the powers of eminent domain and taxation
as implements for the attainment of a legitimate police objective.
Matters which have been recognized by the Supreme Court as lawful subjects
Prohibition of all forms of gambling (Stone v. Mississippi, 101 US 814) - Billboards
(Churchill & Tait v. Rafferty, 32 Phil. 580) prices of prime commodities (Yakus v. White,
321 US 414) six-year-old cabs (Taxicab Operators of Metro Manila v. Board of
Transportation, 119 SCRA 597) barber shops and massages services (Velasco v.
Villegas, 120 SCRA 568) use by heavy vehicles of public streets (Bautista v. Juinio,
127 SCRA 329) video piracy (Tio v. Videogram Regulatory Board, 151 SCRA 208)
bouncing checks (Lozano v. Martinez, 146 SCRA 323) private roads inside
subdivisions (Sangalang v. IAC, 176 SCRA 719) - National Medical Admission Test 3test limitation rule (Dept. of Education v. San Diego, 180 SCRA 533) free air time for
COMELEC (Telecommunications and Broadcast Attorneys of the Philippines v. COMELEC,
289 SCRA 337) Generics Act (Del Rosario v. Bengzon, 180 SCRA 521) books of
account (Yu Cong Eng v. Trinidad, 271 US 500) EO 420 requiring government
agencies and GOCCs to streamline their identification card systems (KMU v.
Director General-NEDA, G.R. No. 1167798, April 19, 2006)
BUT NOTE Ople v. Torres (293 SCRA 141), where the Supreme Court rejected a National ID
System on the basis of, among others, the peoples right to privacy the regulation of
rates imposed by a public utility such as SURNECO (Surigao del Norte Electric
Cooperative, Inc. v. Energy Regulatory Commission, G.R. No. 183626, October 4, 2010) ban against the importation of used motor vehicles to protect the domestic
industry (Executive Secretary v. Forerunner Multi Resources, Inc., G.R. No. 199324,
January 7, 2013)- a law altering the remedy or right of redemption in cases of
foreclosures of real estate mortgages already in place upon the effectivity of
said new law (Goldenway Merchandising Corporation v. Equitable PCI Bank, G.R. No.
195540, March 13, 2013) law requiring business establishments to grant 20%
discounts to senior citizens, to be claimed by said establishments as tax
deductions (Carlos Superdrug Corporation v. Department of Social Welfare and
Development, G.R. No. 166494, June 29, 2007; Manila Memorial Park, Inc. v. Secretary of
the Department of Social Welfare and Development, G.R. No. 175356, December 3, 2013)
law requiring applicants for marriage licenses to present certificates of
compliance showing they have received adequate instructions and information
of responsible parenthood, family planning, breastfeeding and infant nutrition
(Imbong v. Ochoa, 721 SCRA 146) zoning ordinances (Social Justice Society v. Atienza,
545 SCRA 92; Ortigas & Co. v. Feati Bank, 94 SCRA 533)

Regulations which have been acknowledged by the Supreme Court as lawful


means for attaining police power objectives - leprosariums for lepers (Lorenzo v.
Director of Health, 50 Phil. 595) reasonable working hours and minimum wages
(Ramos v. Poblete, 73 Phil. 241) - full-time pharmacist in drug stores (Roschen v.
Ward, 277 US 337) blood tests before issuance of a marriage license (Gould v.
Gould, 61 Atl. 604) limiting the capacity of common carriers, or theaters (People v.
Chan, 65 Phil. 611) sterilization of imbeciles (Buck v. Bell, 274 US 195)
Instances when the means for the attainment of an apparently legitimate police
objective rejected for being unlawful EO prohibiting the inter-provincial
transport of carabaos to prevent their indiscriminate slaughter (Ynot v. IAC, 148
SCRA 659) prohibition against the use of a material known as shoddy for the
making of mattresses annulled, there being no basis for fear that it was inimical
to the health of the user (Weaver v. Palmer Bros. Co., 270 US 402) prohibition
against distribution of handbills in public places (annulled on the ground of freedom
of expression) (Jamison v. Texas, 318 US 413) prohibition against wash room rates
and renting out rooms more than twice a day, to minimize if not eliminate the
use of the covered establishments for illicit sex, prostitution, drug use, etc.
(White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009) regulation
of parking fees in malls - the power to regulate does not include the power to confiscate
(OSG v. Ayala Land, Inc., G.R. No. 177056, September 18, 2009) ordinance regulating
the construction of fences and walls [requiring setbacks and see through fences]
(Fernando v. St. Scholasticas College, G.R. No. 161107, March 12, 2013)
2. Requisites for valid exercise
3. Similarities and differences
4. Delegation
B. Private acts and the Bill of Rights
C. Due process the rights to life, liberty & property
Section 1. No be deprived of person shall life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

1.
2.
3.
4.
5.
6.

Relativity of due process


Procedural and substantive due process
Constitutional and statutory due process
Hierarchy of rights
Judicial standards of review
Void-for-vagueness doctrine

The overbreadth doctrine applies when a statute needlessly restrains even


constitutionally guaranteed rights. (White Light Corporation v. City of Manila, G.R.
No. 122846, January 20, 2009) Under the overbreadth doctrine, a proper
governmental purpose, constitutionally subject to state regulation, may not be
achieved by means that unnecessarily sweep its subject broadly, thereby invading
the area of protected freedoms. (Disini v. Secretary of Justice, G.R. No. 203335,
February 18, 2014)
A corollary principle would be the void-for-vagueness doctrine, which would be
applicable when a penal statute encroaches upon the freedom of speech. When a
penal statute encroaches upon the freedom of speech, a facial challenge grounded
on the void-for-vagueness doctrine is acceptable. The inapplicability of the doctrine
must be carefully delineated. As Justice Antonio T. Carpio explained in his dissent in
Romualdez v. Commission on Elections, we must view these statements of the
Court on the inapplicability of the overbreadth and vagueness doctrines to penal

statutes as appropriate only insofar as these doctrines are used to mount facial
challenges to penal statutes not involving free speech. In an as applied
challenge, the petitioner who claims a violation of his constitutional right can raise
any constitutional ground - absence of due process, lack of fair notice, lack of
ascertainable standards, overbreadth, or vagueness. Here, one can challenge the
constitutionality of a statute only if he asserts a violation of his own rights. It
prohibits one from assailing the constitutionality of the statute based solely on the
violation of the rights of third persons not before the court. This rule is also known as
the prohibition against third-party standing. (Disini v. Secretary of Justice, G.R. No.
203335, February 18, 2014)
But this rule admits of exceptions. A petitioner may for instance mount a
facial challenge to the constitutionality of a statute even if he claims no violation
of his own rights under the assailed statute where it involves free speech on grounds
of overbreadth or vagueness of the statute. The rationale for this exception is to
counter the chilling effect on protected speech that comes from statutes violating
free speech. A person who does not know whether his speech constitutes a crime
under an overbroad or vague law may simply restrain himself from speaking in order
to avoid being charged of a crime. The overbroad or vague law thus chills him into
silence. (Disini v. Secretary of Justice, G.R. No. 203335, February 18, 2014)
D. Equal protection
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
a) Rational Basis Test
for economic legislation.
b) Strict Scrutiny Test
for laws dealing with freedom of the mind or restricting the political process.
c) Intermediate Scrutiny Test
for evaluating classifications based on gender and legitimacy.
E. Searches and seizures
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
1. Concept
2. Warrant requirement
a) Requisites
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol and blood tests
F. Privacy of communications and correspondence
Section 3.

The privacy of communication and correspondence shall be inviolable except upon


lawful order of the court, or when public safety or order requires otherwise, as prescribed
by law.
Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
1. Private and public communications
2. Intrusion, when allowed
3. Writ of habeas data
G. Freedom of expression
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
1. Concept and scope
a) Prior restraint (censorship)
b) Subsequent punishment
2. Content-based and content-neutral regulations
a) Tests
b) Applications

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3. Facial challenges and the overbreadth doctrine
4. Tests
5. State regulation of different types of mass media
6. Commercial speech
7. Private vs. government speech
8. Hecklers veto
H. Freedom of religion
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
1. Non-establishment clause
a) Concept and basis
b) Acts permitted and not permitted by the clause
c) Test
2. Free exercise clause
3. Tests
a) Clear and Present Danger Test
b) Compelling State Interest Test
c) Conscientious Objector Test
I. Liberty of abode and freedom of movement
Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public health,
as may be provided by law.
1. Limitations
2. Right to travel
a) Watch-list and hold departure orders
3. Return to ones country
J. Right to information
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.
1.
2.
3.
4.

Limitations
Publication of laws and regulations
Access to court records
Right to information relative to:
a) Government contract negotiations
b) Diplomatic negotiations
K. Right of association

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.
L. Eminent domain
Section 9. Private property shall not be taken for public use without just
compensation
1. Concept
2. Expansive concept of public use
3. Just compensation
a) Determination
b) Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract clause
Section 10. No law impairing the obligation of contracts shall be passed.
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

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O. Rights of suspects
Section 12.
1. Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence
of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this Section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their
families.
1. Availability
2. Requisites
3. Waiver
P. Rights of the accused
Section 14.
No person shall be held to answer for a criminal offense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
1. Criminal due process
2. Bail
Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
3.
4.
5.
6.
7.

Presumption of innocence
Right to be heard
Assistance of counsel
Right to be informed
Right to speedy, impartial and public trial

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of habeas corpus
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when the public safety requires it.
R. Writs of amparo, habeas data, and kalikasan
S. Self-incrimination clause
Section 17. No person shall be compelled to be a witness against himself.
1. Scope and coverage
a) Foreign laws
2. Application
3. Immunity statutes
T. Involuntary servitude and political prisoners
Section 18.
No person shall be detained solely by reason of his political beliefs and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
U. Excessive fines and cruel and inhuman punishments
Section 19
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

V. Non-imprisonment for debts


Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
W. Double jeopardy

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder
Section 22. No ex post facto law or bill of attainder shall be enacted.
VIII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship

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C. Naturalization and denaturalization
D. Dual citizenship and dual allegiance
E. Loss and re-acquisition of Philippine citizenship
F. Natural-born citizens and public office
IX. Law on Public Officers
A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The Civil Service
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers
1. Impeachment
2. Ombudsman (Sections 5 to 14, Article XI of the 1987 Constitution,
in relation to R.A. No. 6770, or otherwise known as "The
Ombudsman Act of 1989.")
a) Functions

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b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits
X. Administrative Law
A. General principles
B. Administrative agencies
1. Definition
2. Manner of creation
3. Kinds
C. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
a) Kinds of administrative rules and regulations
b) Requisites for validity
2. Quasi-judicial (adjudicatory) power
a) Administrative due process
b) Administrative appeal and review
c) Administrative res judicata
3. Fact-finding, investigative, licensing and rate-fixing powers
D. Judicial recourse and review
1. Doctrine of primary administrative jurisdiction
2. Doctrine of exhaustion of administrative remedies
3. Doctrine of finality of administrative action
XI. Election Law
A. Suffrage
B. Qualification and disqualification of voters
C. Registration of voters
D. Inclusion and exclusion proceedings
E. Political parties
1. Jurisdiction of the COMELEC over political parties
2. Registration

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F. Candidacy
1. Qualifications of candidates
2. Filing of certificates of candidacy
a) Effect of filing
b) Substitution of candidates
c) Ministerial duty of COMELEC to receive certificate
d) Nuisance candidates
e) Petition to deny or cancel certificates of candidacy
f) Effect of disqualification
g) Withdrawal of candidates
G. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers
1. Composition
2. Powers
I. Remedies and jurisdiction in election law
1. Petition not to give due course to or cancel a certificate of
candidacy
2. Petition for disqualification
3. Petition to declare failure of elections
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto
J. Prosecution of election offenses
XII. Local Governments
A. Public corporations
1. Concept
a) Distinguished from government-owned or controlled
corporations
2. Classifications
a) Quasi-corporations
b) Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger or dissolution

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C. Principles of local autonomy
D. Powers of local government units (LGUs)
1. Police power (general welfare clause)
2. Eminent domain
3. Taxing power
4. Closure and opening of roads
5. Legislative power
a) Requisites for valid ordinance
b) Local initiative and referendum
6. Corporate powers
a) To sue and be sued
b) To acquire and sell property
c) To enter into contracts
(i) Requisites
(ii) Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
9. Succession of elective officials
10. Discipline of local officials
a) Elective officials
(i) Grounds
(ii) Jurisdiction
(iii) Preventive suspension
(iv) Removal
(v) Administrative appeal
(vi) Doctrine of condonation
b) Appointive officials
11. Recall
12. Term limits
XIII. National Economy and Patrimony
A. Regalian doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development and utilization of natural resources
D. Franchises, authority and certificates for public utilities
E. Acquisition, ownership and transfer of public and private lands
F. Practice of professions
G. Organization and regulation of corporations, private and public

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H. Monopolies, restraint of trade and unfair competition
XIV. Social Justice and Human Rights
A. Concept of social justice
B. Commission on Human Rights
XV. Education, Science, Technology, Arts, Culture and Sports
A. Academic freedom
XVI. Public International Law
A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Concept of ex aequo et bono
B. International and national law
C. Sources
D. Subjects
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law
F. Treaties
G. Nationality and statelessness
1. Vienna Convention on the Law of Treaties
H. State responsibility 1. Doctrine of state responsibility
I. Jurisdiction of States 1. Territoriality principle
2. Nationality principle and statelessness
3. Protective principle
4. Universality principle
5. Passive personality principle

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6. Conflicts of jurisdiction
J. Treatment of aliens
1. Extradition
a) Fundamental principles
b) Procedure
c) Distinguished from deportation
K. International Human Rights Law
1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
L. International Humanitarian Law and neutrality
1. Categories of armed conflicts
a) International armed conflicts
b) Internal or non-international armed conflict
c) War of national liberation
2. Core international obligations of states in International
Humanitarian Law
3. Principles of International Humanitarian Law
a) Treatment of civilians
b) Prisoners of war
4. Law on neutrality
M. Law of the sea
1. Baselines
2. Archipelagic states
a) Straight archipelagic baselines
b) Archipelagic waters
c) Archipelagic sea lanes passage
3. Internal waters
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a) Extended continental shelf
7. International Tribunal for the Law of the Sea
N. Madrid Protocol and the Paris Convention for the Protection of
Industrial Property
O. International environmental law
1. Principle 21 of the Stockholm Declaration
P. International economic law

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IMPORTANT NOTES:
1. This listing of covered topics is not intended and should not be used by the
law schools as a course outline. This was drawn up for the limited purpose of
ensuring that Bar candidates are guided on the coverage of the 2015 Bar
Examinations.
2. All Supreme Court decisions - pertinent to a given Bar subject and its listed
topics, and promulgated up to March 31, 2015 - are examinable materials within
the coverage of the 2015 Bar Examinations.

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