SYLLABUS FOR 2011 BAR EXAMINATIONS

POLITICAL LAW
A. The Constitution 1. Definition, Nature and Concepts Political Law Constitutional Law Constitution Definition Classification Written or unwritten Enacted/Conventional or Evolved/Cumulative Rigid/Flexible 2. Parts Accdg. To Nachura: Constitution of Liberty Constitution of Government Constitution of Sovereignty Accdg to Bernas Preamble Articles (I-XVIII) Amendments 3. Amendments and Revisions Amendment Defined Revision Defined Constituent Power vs. Legislative Power Steps in the amendatory process 1. Proposal a. Congress vote b. Constitutional Convention 2/3 vote or majority vote of all members of Congress c. People through Initiative 12% of all registered voters and 3% of

registered voters for each district

2. Ratification

-plebiscite held within 60 to 90 days after approval of the proposal or certification of COMELEC that petition is sufficient -ratified by majority vote of the votes cast in the plebiscite 4. Self-Executing and Non-Self-Executing Provisions 5. General Provisions B. General Considerations 1. National Territory Consists of AOTI (Archipelago, Other Territory, Territorial Sea, Internal Waters) Territorial Sea, Contiguous Zone, Exclusive Economic Zone, Extended Continental Shelf a. Archipelagic Doctrine 2. State Immunity If the suit is against a Public Officer Test: Who will be liable? Public Officer is liable if: Ultra Vires Acts and MGB (acts with malice, bad faith, gross negligence) Instances when Public Officer is allowed to be sued in his official capacity (4) If suit is against Government Agency Incorporated Agency: Look at charter Unincorporated Agency: Look at Primary Function If Primary Function is Governmental: cant sue without consent Proprietary: can be sued Even if there is State Immunity, State can waive it by giving consent Consent: Express Consent: by general law or special law Implied Consent to be sued:
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1. State itself commences litigation 2. State enters into a contract: If contract for governmental function (jure imperii) -no implied consent If contract entered for proprietary/business function (jure gestionis) -with implied consent On Garnishment or Execution 3. Principles and Policies Republican and Democratic Elements of State (GSPoT) 4. Separation of Powers 5. Checks and Balances 6. Delegation of Powers Permissible Delegation (5) Tests of Delegation: 1. Completeness Test 2. The Sufficient Standard Test(state policy and circumstances) 7. Forms of Government Government v. Administration Functions: Constituent v. Ministrant Functions Doctrine of Parens Patriae De Jure Government De Facto Government (3 kinds) Sovereignty: Legal Sovereignty v. Political Sovereignty Internal Sovereignty v. External Sovereignty C. Legislative Department 1. Who May Exercise Legislative Power: Congress except as reserved in Initiative and Referendum a. Initiative and Referendum definition kinds of initiative (3) 10%, 3% requirement
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2. Houses of Congress a. Senate Composition Qualification (CRERA) Term when commence; maximum consecutive term b. House of Representatives Composition (1) District Representatives and Questions of Apportionment -at least 1 for every 250,000 inhabitants in a city; at least 1 for each province (2) Party-List System -definition; consists of 20% of membership of House of Rep -file petition not later than 90 days before election; published in 2 newspapers of gen circ, notice and hearing and resolved within 15 to 60 days before election -submit 5 names of nominees not later than 45 days before election -number of seats: 2% votes cast = 1 seat; not more than 3 seats; based on proportion to total number of votes Qualification If District Rep (CRERA) If Party Rep (NCRERAM) Term; maximum consecutive term Election if vacant Salary increase 3. Legislative Privileges, Inhibitions and Disqualifications Parliamentary Immunities: 1. Privilege from Arrest only when Congress in Session not more than 6 years of imprisonment 2. Privilege of Speech and Debate: a. Speech made while Congress/Committee is in Session b. Made in connection with the discharge of official duties Conflict of Interest Incompatible Office v. Forbidden Office Inhibitions and Disqualifications
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Not to appear as counsel Not to be financially interested Not to intervene in any office in Govt for his pecuniary benefit 4. Quorum and Voting Majorities Session Officers to elect Senate President : majority vote of all members of Senate - to elect House Speaker : majority vote of all member of House - other officers: Senate Pres pro tempore, Speaker pro tempore, majority and minority floor leaders, chairmen of committees, secretary and sergeant-at-arms (last 2 not house rep) Quorum 5. Discipline of Members To suspend pr remove require: 2/3 vote of Senate or 2/3 vote of House Penalty of Suspension: not to exceed 60 days Journals for each House: Contents: yeas and nays on bill being passed and proceedings Except: affect national security To record the yeas and nays on any question: 1/5 vote of all members present Record Adjournment - not more than 3 days; to adjourn for more than 3 days require consent of other House. 6. Electoral Tribunals and the Commission on Appointments a. Nature b. Powers 7. Powers of Congress a. Legislative (1) Legislative Inquiries and the Oversight Functions (2) Bicameral Conference Committee (3) Limitations on Legislative Power (a) Limitations on Revenue, Appropriations and Tariff Measures (b) Presidential Veto and Congressional Override b. Non-Legislative (1) Informing Function
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D. Executive Department 1. Privileges, Inhibitions and Disqualifications a. Presidential Immunity b. Presidential Privilege 2. Powers a. Executive and Administrative Powers in General b. Power of Appointment (1) In General (2) Commission on Appointments Confirmation (3) Midnight Appointments (4) Power of Removal c. Power of Control and Supervision (1) Doctrine of Qualified Political Agency (2) Executive Departments and Offices (3) Local Government Units d. Military Powers e. Pardoning Power (1) Nature and Limitations (2) Forms of Executive Clemency f. Diplomatic Power g. Residual Powers E. Judicial Department 1. Concepts a. Judicial Power b. Judicial Review (1) Operative Fact Doctrine (2) Moot Questions (3) Political Question Doctrine 2. Judicial Independence Safeguards 3. Judicial Restraint 4. Appointments to the Judiciary 5. Supreme Court a. En Banc and Division Cases
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b. Procedural Rule Making c. Administrative Supervision Over Lower Courts F. Constitutional Commissions 1. Institutional Independence Safeguards 2. Powers and Functions 3. Judicial Review a. Quasi-Judicial Functions b. Administrative G. Bill of Rights 1. Fundamental Powers of the State a. Concept and Application b. Requisites for Valid Exercise c. Similarities and Differences d. Delegation 2. Private Acts and the Bill of Rights 3. Due Process a. Relativity of Due Process b. Procedural and Substantive Due Process c. Constitutional and Statutory Due Process d. Hierarchy of Rights e. Judicial Standards of Review f. Void-for-Vagueness Doctrine 4. Equal Protection a. Concept b. Requisites for Valid Classification 5. Searches and Seizures a. Concept b. Warrant Requirement (1) Requisites c. Warrantless Searches d. Warrantless Arrests e. Administrative Arrests f. Drug, Alcohol and Blood Tests
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6. Privacy of Communications and Correspondence a. Private and Public Communications b. Writ of Habeas Data 7. Freedom of Expression a. Concept and Scope (1) Prior Restraint (Censorship) (2) Subsequent Punishment b. Content-Based and Content-Neutral Regulations c. Facial Challenges and the Overbreadth Doctrine d. Tests e. State Regulation of Different Types of Mass Media f. Commercial Speech g. Private v. Government Speech h. Hecklers Veto 8. Freedom of Religion a. Non-Establishment Clause b. Free Exercise Clause 9. Liberty of Abode and Freedom of Movement a. Limitations b. Return to Ones County 10. Right to Information a. Limitations b. Publication of Laws and Regulations c. Access to Court Records d. Right to Information Relative to (1) Government Contract Negotiations (2) Diplomatic Negotiations 11. Right of Association 12. Eminent Domain a. Concept b. Expansive Concept of Public Use c. Just Compensation (1) Determination
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(2) Effect of Delay d. Abandonment of Intended Use and Right of Repurchase e. Miscellaneous Application 13. Contract Clause a. Contemporary Application of the Contract Clause 14. Legal Assistance and Free Access to Courts 15. Rights of Suspects a. Availability b. Requisites c. Waiver 16. Rights of the Accused a. Criminal Due Process b. Bail c. Presumption of Innocence d. Right to be Heard e. Assistance of Counsel f. Right to be Informed g. Right to Speedy, Impartial and Public Trial h. Right of Confrontation i. Compulsory Process j. Trials In Absentia 17. Writ of Habeas Corpus a. Writ of Amparo 18. Self-Incrimination Clause a. Scope and Coverage (1) Foreign Laws b. Application c. Immunity Statutes 19. Involuntary Servitude and Political Prisoners 20. Excessive Fines and Cruel and Inhuman Punishments 21. Non-Imprisonment for Debts 22. Double Jeopardy a. Requisites
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b. Motions for Reconsideration and Appeals c. Dismissal with Consent of Accused 23. Ex Post Facto Laws and Bills of Attainder H. Citizenship 1. Natural-Born Citizens and Public Office 2. Naturalization and Denaturalization 3. Loss of Citizenship 4. Repatriation I. Law on Public Officers 1. General Principles 2. Modes of Acquiring Title to Public Office 3. Modes and Kinds of Appointment 4. Eligibility and Qualification Requirements 5. Disabilities and Inhibitions of Public Officers 6. Powers and Duties of Public Officers 7. Rights of Public Officers 8. Liabilities of Public Officers a. Preventive Suspension and Back Salaries b. Illegal Dismissal, Reinstatement and Back Salaries 9. Immunity of Public Officers 10. De Facto Officers 11. Termination of Official Relation 12. The Civil Service a. Scope b. Appointments to the Civil Service c. Personnel Actions 13. Accountability of Public Officers a. Impeachment b. Ombudsman (1) Judicial Review in Administrative Proceedings (2) Judicial Review in Penal Proceedings c. Sandiganbayan d. Ill-Gotten Wealth
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14. Term Limits J. Administrative Law 1. General Principles 2. Administrative Agencies 3. Powers of Administrative Agencies a. Quasi-Legislative (Rule Making) Power (1) Kinds of Administrative Rules and Regulations (2) Requisites for Validity b. Quasi-Judicial (Adjudicatory) Power (1) Administrative Due Process (2) Administrative Appeal and Review (3) Administrative Res Judicata c. Fact-Finding, Investigative, Licensing and Rate-Fixing Powers 4. Judicial Recourse and Review a. Doctrine of Primary Administrative Jurisdiction b. Doctrine of Exhaustion of Administrative Remedies c. Doctrine of Finality of Administrative Action K. Election Law 1. Suffrage 2. Qualification and Disqualification of Voters 3. Registration of Voters 4. Inclusion and Exclusion Proceedings 5. Political Parties 6. Candidacy a. Qualifications of Candidates b. Filing of Certificates of Candidacy (1) Effect of Filing (2) Substitution of Candidates (3) Nuisance Candidates (4) Petition to Deny or Cancel Certificates of Candidacy (5) Effect of Disqualification (6) Withdrawal of Candidates 7. Campaign
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a. Premature Campaigning b. Prohibited Contributions 8. Board of Canvassers 9. Remedies and Jurisdiction in Election Law a. Petition Not to Give Due Course to Certificate of Candidacy b. Petition to Declare Failure of Elections c. Pre-Proclamation Controversy d. Election Protest e. Quo Warranto 10. Prosecution of Election Offenses L. Local Governments 1. Public Corporations a. Concept (1) Distinguished from Government-Owned or Controlled Corporations (GOCCs) b. Classifications (1) Quasi-Corporations (2) Municipal Corporations 2. Municipal Corporations a. Elements b. Nature and Functions c. Requisites for Creation, Conversion, Division, Merger or Dissolution 3. Principles of Local Autonomy 4. Powers of Local Government Units (LGUs) a. Police Power (General Welfare Clause) b. Eminent Domain c. Taxing Power d. Closure and Opening of Roads e. Legislative Power (1) Requisites for Valid Ordinance (2) Local Initiative and Referendum f. Corporate Powers (1) To Sue and Be Sued
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(2) To Acquire and Sell Property (3) To Enter Into Contracts (a) Requisites (b) Ultra Vires Contracts g. Liability of LGUs h. Settlement of Boundary Disputes i. Succession of Elective Officials j. Discipline of Local Officials (1) Elective Officials (a) Grounds (b) Jurisdiction (c) Preventive Suspension (d) Removal (e) Administrative Appeal (f) Doctrine of Condonation (2) Appointive Officials k. Recall l. Term Limits M. National Economy and Patrimony 1. Regalian Doctrine 2. Nationalist and Citizenship Requirement Provisions 3. Exploration, Development and Utilization of Natural Resources 4. Franchises, Authority and Certificates for Public Utilities 5. Acquisition, Ownership and Transfer of Public and Private Lands 6. Practice of Professions 7. Organization and Regulation of Corporations, Private and Public 8. Monopolies, Restraint of Trade and Unfair Competition N. Social Justice and Human Rights 1. Concept of Social Justice 2. Commission on Human Rights O. Education, Science, Technology, Arts, Culture and Sports 1. Academic Freedom P. Public International Law
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1. Concepts a. Obligations Erga Omnes b. Jus Cogens c. Concept of Aeguo Et Bono 2. International and National Law 3. Sources 4. Subjects a. States b. International Organizations c. Individuals 5. Diplomatic and Consular Law 6. Treaties 7. Nationality and Statelessness 8. Treatment of Aliens a. Extradition (1) Fundamental Principles (2) Procedure (3) Distinguished from Deportation 9. International Human Rights Law a. Universal Declaration of Human Rights b. International Covenant on Civil and Political Rights (ICCPR) c. International Covenant on Economic, Social and Cultural Rights (ICESCR) 10. International Humanitarian Law (IHL) and Neutrality a. Categories of Armed Conflicts (1) International Armed Conflicts (2) Internal or Non-International Armed Conflict (3) War of National Liberation b. Core International Obligations of States in IHL c. Principles of IHL (1) Treatment of Civilians (2) Prisoners of War d. Law on Neutrality 11. Law of the Sea
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a. Baselines b. Archipelagic States (1) Straight Archipelagic Baselines (2) Archipelagic Waters (3) Archipelagic Sea Lanes Passage c. Internal Waters d. Territorial Sea e. Exclusive Economic Zone f. Continental Shelf (1) Extended Continental Shelf g. Tribunal of the Law of the Sea 12. International Environment Law a. Principle 21 of Stockholm Declaration

IMPORTANT NOTE: This bar coverage description is not intended and should not be used by law schools as a syllabus or course outline in the covered subjects. It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar examinations are guided on what basic and minimum amounts of laws, doctrines, and principles they need to know and be able to use correctly before they can be licensed to practice law. More is required for excellent and distinguished work as members of the Bar.

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