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POLITICAL LAW
I. THE PHILIPPINE CONSTITUTION 1. Senate

A. Constitution: definition, nature, and concepts 2. House of Representatives

B. Parts a. District representatives and questions of

C. Amendments and revisions apportionment

D. Self-executing and non-self-executing provisions b. Party-list system (R.A. No. 7941)

E. General provisions C. Legislative privileges, inhibitions and

disqualifications

II. GENERAL CONSIDERATIONS D. Quorum and voting majorities

A. National territory E. Discipline of members

1. Archipelagic doctrine F. Electoral tribunals and the Commission on

B. State immunity Appointments

C. General principles and state policies 1. Nature

D. Separation of powers 2. Powers

E. Checks and balances G. Powers of Congress

F. Delegation of powers 1. Legislative

G. Forms of government a. Legislative inquiries and the oversight functions

b. Bicameral conference committee

IV. LEGISLATIVE DEPARTMENT c. Limitations on legislative power

A. Who may exercise legislative power i. Limitations on revenue, appropriations, and tariff

1. Congress measures

2. Regional/Local legislative power ii. Presidential veto and Congressional override

3. People’s initiative on statutes 2. Non-legislative

a. Initiative and referendum a. Informing function

4. The President under a martial law rule or in a b. Power of impeachment

revolutionary government c. Other non-legislative powers

B. Houses of Congress
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IV. EXECUTIVE DEPARTMENT C. Rules of Succession

A. Privileges, inhibitions, and disqualifications

1. Presidential immunity
V. JUDICIAL DEPARTMENT
2. Presidential privilege
A. Concepts
B. Powers
1. Judicial power
1. Executive and administrative powers in general
2. Judicial review; requisites
2. Power of appointment
a. Operative fact doctrine
a. In general
b. Moot questions
b. Commission on Appointments confirmation
c. Political question doctrine
c. Midnight appointments
B. Safeguards of Judicial independence
d. Power of removal
C. Judicial restraint
3. Power of control and supervision
D. Appointments to the Judiciary
a. Doctrine of qualified political agency
1. Judicial and Bar Council
b. Executive departments and offices
E. Supreme Court
c. Local government units
1. En banc and division cases
4. Military powers
2. Procedural rule-making
5. Pardoning power
3. Administrative supervision over lower courts
a. Nature and limitations
4. Original and appellate jurisdiction
b. Forms of executive clemency

6. Diplomatic power
VI. CONSTITUTIONAL COMMISSIONS
7. Powers relative to appropriation measures
A. Constitutional safeguards to ensure
a. Validity of transferring savings between
independence of commissions
departments
B. Powers and functions of each commission
8. Delegated powers
C. Prohibited offices and interests
9. Veto powers
D. Jurisdiction of each constitutional commission
10. Residual powers
E. Review of final orders, resolutions, and decisions
11. Executive privilege

12. Emergency powers


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1. Rendered in the exercise of quasi-judicial b. Strict Scrutiny Test

functions c. Intermediate Scrutiny Test

2. Rendered in the exercise of administrative E. Searches and seizures

functions 1. Concept

2. Warrant requirement; requisites for a valid

warrant
VII. BILL OF RIGHTS
3. Warrantless searches
A. Fundamental powers of the state:
4. Warrantless arrests
 Police Power,
5. Administrative arrests
 Eminent Domain,
6. Drug, alcohol, and blood tests
 Taxation
F. Privacy of communications and correspondence
1. Concept, application and limits
1. Private and public communications
2. Requisites for valid exercise
2. Intrusion, when allowed
3. Similarities and differences
3. Writ of habeas data
4. Delegation
G. Freedom of expression
B. Private acts and the Bill of Rights
1. Concept and scope
C. Due process – the rights to life, liberty & property
a. Prior restraint (censorship)
1. Relativity of due process
b. Subsequent punishment
2. Procedural and substantive due process
2. Content-based and content-neutral regulations
3. Constitutional and statutory due process
a. Tests
4. Hierarchy of rights
b. Applications
5. Judicial standards of review
3. Facial challenges and the overbreadth doctrine
6. Void-for-vagueness doctrine
4. Tests
D. Equal protection
5. State regulation of different types of mass media
1. Concept
6. Commercial speech
2. Requisites for valid classification
7. Private vs. government speech
3. Standards of judicial review
8. Heckler’s veto
a. Rational Basis Test
H. Freedom of religion
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1. Non-establishment clause 4. Abandonment of intended use and right of

a. Concept and basis repurchase

b. Acts permitted and not permitted by the clause 5. Miscellaneous application

c. Test M. Contract clause

2. Free exercise clause 1. Contemporary application of the contract clause

3. Tests N. Legal assistance and free access to courts

a. Clear and Present Danger Test O. Rights of suspects

b. Compelling State Interest Test 1. Availability

c. Conscientious Objector Test 2. Requisites

I. Liberty of abode and freedom of movement 3. Waiver

1. Limitations P. Rights of the accused

2. Right to travel 1. Criminal due process

a. Watch-list and hold departure orders 2. Bail

3. Return to one’s country 3. Presumption of innocence

J. Right to information 4. Right to be heard

1. Limitations 5. Assistance of counsel

2. Publication of laws and regulations 6. Right to be informed

3. Access to court records 7. Right to speedy, impartial and public trial

4. Right to information relative to: 8. Right of confrontation

a. Government contract negotiations 9. Compulsory process

b. Diplomatic negotiations 10. Trial in absentia

K. Right of association Q. Writ of habeas corpus

L. Eminent domain R. Writs of amparo, habeas data, and kalikasan

1. Concept S. Self-incrimination clause

2. Expansive concept of “public use” 1. Scope and coverage

3. Just compensation a. Foreign laws

a. Determination 2. Application

b. Effect of delay 3. Immunity statutes


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T. Involuntary servitude and political prisoners 2. Illegal dismissal, reinstatement and back salaries

U. Excessive fines and cruel and inhuman I. Immunity of public officers

punishments J. De facto officers

V. Non-imprisonment for debts K. Termination of official relation

W.Double jeopardy L. The Civil Service

1. Requisites 1. Scope

2. Motions for reconsideration and appeals 2. Appointments to the civil service

3. Dismissal with consent of accused 3. Personnel actions

X. Ex post facto laws and bills of attainder M. Accountability of public officers

1. Impeachment

VIII. CITIZENSHIP 2. Ombudsman (Sections 5 to 14, Article XI)

A. Who are Filipino citizens a. Functions

B. Modes of acquiring citizenship b. Judicial review in administrative proceedings

C. Naturalization and denaturalization c. Judicial review in penal proceedings

D. Dual citizenship and dual allegiance 3. Sandiganbayan

E. Loss and re-acquisition of Philippine citizenship 4. Ill-gotten wealth

F. Natural-born citizens and public office N. Term limits

IX. LAW ON PUBLIC OFFICERS X. ADMINISTRATIVE LAW

A. General principles A. General principles

B. Modes of acquiring title to public office B. Administrative agencies

C. Modes and kinds of appointment 1. Definition

D. Eligibility and qualification requirements 2. Manner of creation

E. Disabilities and inhibitions of public officers 3. Kinds

F. Powers and duties of public officers C. Powers of administrative agencies

G. Rights of public officers 1. Quasi-legislative (rule-making) power

H. Liabilities of public officers a. Kinds of administrative rules and regulations

1. Preventive suspension and back salaries b. Requisites for validity


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2. Quasi-judicial (adjudicatory) power e. Petition to deny or cancel certificates of

a. Administrative due process candidacy

b. Administrative appeal and review f. Effect of disqualification

c. Administrative res judicata g. Withdrawal of candidates

3. Fact-finding, investigative, licensing, and rate- G. Campaign

fixing powers 1. Premature campaigning

D. Judicial recourse and review 2. Prohibited contributions

1. Doctrine of primary administrative jurisdiction 3. Lawful and prohibited election propaganda

2. Doctrine of exhaustion of administrative remedies 4. Limitations on expenses

3. Doctrine of finality of administrative action 5. Statement of contributions and expenses

H. Board of Election Inspectors and Board of

Canvassers
XI. ELECTION LAW
1. Composition
A. Suffrage
2. Powers
B. Qualification and disqualification of voters
I. Remedies and jurisdiction in election law
C. Registration of voters
1. Petition not to give due course to or cancel a
D. Inclusion and exclusion proceedings
certificate of candidacy
E. Political parties
2. Petition for disqualification
1. Jurisdiction of the COMELEC over political parties
3. Petition to declare failure of elections
2. Registration
4. Pre-proclamation controversy
F. Candidacy
5. Election protest
1. Qualifications of candidates
6. Quo warranto
2. Filing of certificates of candidacy
J. Prosecution of election offenses (EXCLUDE:
a. Effect of filing
penal provisions)
b. Substitution of candidates
INCLUDE THE FOLLOWING LAWS:
c. Ministerial duty of COMELEC to receive
Omnibus Election Code of the Philippines (B.P. Blg.
certificates
881 as amended)
d. Nuisance candidates
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Election Automation Law (R.A. No. 8436 as c. To enter into contracts

amended by R.A. No. 9369) i. Requisites

ii. Ultra vires contracts

XII. LOCAL GOVERNMENTS 7. Liability of LGUs

A. Public corporations 8. Settlement of boundary disputes

1. Concept 9. Succession of elective officials

a. Distinguished from government-owned or 10. Discipline of local officials

controlled corporations a. Elective officials

2. Classifications i. Grounds

a. Quasi-corporations ii. Jurisdiction

b. Municipal corporations iii. Preventive suspension

B. Municipal corporations iv. Removal

1. Elements v. Administrative appeal

2. Nature and functions vi. Doctrine of condonation

3. Requisites for creation, conversion, division, b. Appointive officials

merger, or dissolution 11. Recall

C. Principles of local autonomy 12. Term limits

D. Powers of local government units (LGUs)

1. Police power (general welfare clause)


XIII. NATIONAL ECONOMY AND PATRIMONY
2. Eminent domain
A. Regalian doctrine
3. Taxing power
B. Nationalist and citizenship requirement provisions
4. Closure and opening of roads
C. Exploration, development, and utilization of
5. Legislative power
natural resources
a. Requisites for valid ordinance
D. Franchises, authority, and certificates for public
b. Local initiative and referendum
utilities
6. Corporate powers
E. Acquisition, ownership and transfer of public and
a. To sue and be sued
private lands
b. To acquire and sell property
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F. Practice of professions G. Nationality and statelessness

G. Organization and regulation of corporations, H. Doctrine of state responsibility

private and public I. Jurisdiction of States

H. Monopolies, restraint of trade and unfair 1. Basis of jurisdiction

competition a. Territoriality principle

XIV. SOCIAL JUSTICE AND HUMAN RIGHTS b. Nationality principle and statelessness

A. Concept of social justice c. Protective principle

B. Commission on Human Rights d. Universality principle

e. Passive personality principle

XV. EDUCATION, SCIENCE, TECHNOLOGY, 2. Exemptions from jurisdiction

ARTS, CULTURE AND a. Act of State doctrine

SPORTS b. International organizations and its officers

A. Academic freedom J. Treatment of aliens

1. Extradition

XVI. PUBLIC INTERNATIONAL LAW a. Fundamental principles

A. Concepts b. Procedure

1. Obligations erga omnes c. Distinguished from deportation

2. Jus cogens K. International Human Rights Law

3. Concept of ex aequo et bono 1. Universal Declaration of Human Rights

B. Relationship between international and national 2. International Covenant on Civil and Political

law Rights

C. Sources of obligations in international law 3. International Covenant on Economic, Social and

D. Subjects Cultural Rights

1. States L. Basic principles of international humanitarian law

2. International organizations 1. Categories of armed conflicts

3. Individuals a. International armed conflicts

E. Basic principles of diplomatic and consular law b. Internal or non-international armed conflict

F. General principles of treaty law c. War of national liberation


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2. R.A. 9851 (Philippine Act on Crimes Against

International

Humanitarian Law, Genocide, and Other Crimes

Against

Humanity)

M. Law of the sea

1. Baselines

2. Archipelagic states

a. Straight archipelagic baselines

b. Archipelagic waters

c. Archipelagic sea lanes passage

d. Regime of islands

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. Basic principles of international environmental

law

1. Precautionary principle