SYLLABUS FOR 2011 BAR EXAMINATIONS

POLITICAL LAW
A. 1. 2. 3. 4. 5. B. The Constitution Definition, Nature and Concepts Parts Amendments and Revisions Self-Executing and Non-Self-Executing Provisions General Provisions General Considerations 1. National Territory a. Archipelagic Doctrine 2. State Immunity 3. Principles and Policies 4. Separation of Powers 5. Checks and Balances 6. Delegation of Powers 7. Forms of Government C. Legislative Department 1. Who May Exercise Legislative Power a. Initiative and Referendum 2. Houses of Congress a. Senate b. House of Representatives (1) District Representatives and Questions of Apportionment (2) Party-List System 3. 4. 5. 6. Legislative Privileges, Inhibitions and Disqualifications Quorum and Voting Majorities Discipline of Members Electoral Tribunals and the Commission on Appointments a. Nature b. Powers

7. Powers of Congress a. Legislative -1-

Power of Control and Supervision (1) Doctrine of Qualified Political Agency (2) Executive Departments and Offices (3) Local Government Units Military Powers Pardoning Power (1) Nature and Limitations (2) Forms of Executive Clemency Diplomatic Power Residual Powers d. Presidential Immunity b. Non-Legislative (1) Informing Function D. Inhibitions and Disqualifications a. Judicial Power b. Concepts a. Judicial Department 1. Privileges. f. Powers a. Power of Appointment (1) In General (2) Commission on Appointments Confirmation (3) Midnight Appointments (4) Power of Removal c. E. Appropriations and Tariff Measures (b) Presidential Veto and Congressional Override b. Presidential Privilege 2. Judicial Review (1) Operative Fact Doctrine (2) Moot Questions (3) Political Question Doctrine .(1) (2) (3) Legislative Inquiries and the Oversight Functions Bicameral Conference Committee Limitations on Legislative Power (a) Limitations on Revenue. e. Executive and Administrative Powers in General b. g. Executive Department 1.

Warrantless Searches d. Fundamental Powers of the State a. Drug. En Banc and Division Cases b. Equal Protection a. Administrative Supervision Over Lower Courts Constitutional Commissions F.2. Constitutional and Statutory Due Process d. Judicial Standards of Review f. Searches and Seizures a. Warrant Requirement (1) Requisites c. Requisites for Valid Classification 5. Due Process a. Requisites for Valid Exercise c. 1. Concept b. Quasi-Judicial Functions b. Delegation 2. Alcohol and Blood Tests . Concept and Application b. Concept b. Judicial Review a. 4. Private Acts and the Bill of Rights 3. Void-for-Vagueness Doctrine 4. 5. Relativity of Due Process b. 3. Similarities and Differences d. Bill of Rights 1. Administrative Arrests f. Hierarchy of Rights e. Procedural Rule Making c. Judicial Independence Safeguards Judicial Restraint Appointments to the Judiciary Supreme Court a. Procedural and Substantive Due Process c. Institutional Independence Safeguards 2. Administrative G. Warrantless Arrests e. Powers and Functions 3.

g. Privacy of Communications and Correspondence a. Freedom of Religion a. Limitations b. Right to Information Relative to (1) Government Contract Negotiations (2) Diplomatic Negotiations 11. c. Eminent Domain a. Content-Based and Content-Neutral Regulations Facial Challenges and the Overbreadth Doctrine Tests State Regulation of Different Types of Mass Media Commercial Speech Private v. Just Compensation (1) Determination (2) Effect of Delay d. h. Return to One’s County 10. f. Concept b. d. Right to Information a. Liberty of Abode and Freedom of Movement a. Right of Association 12. Freedom of Expression a. Private and Public Communications b. Government Speech Heckler’s Veto 8. Limitations b.6. Non-Establishment Clause b. Concept and Scope (1) Prior Restraint (Censorship) (2) Subsequent Punishment b. Publication of Laws and Regulations c. Expansive Concept of “Public Use” c. Abandonment of Intended Use and Right of Repurchase Miscellaneous Application . Access to Court Records d. Writ of Habeas Data 7. Free Exercise Clause 9. e. e.

Presumption of Innocence d. Right to be Informed g. Legal Assistance and Free Access to Courts 15. Criminal Due Process b. Non-Imprisonment for Debts 22. Right to be Heard e. Assistance of Counsel f. Scope and Coverage (1) Foreign Laws b. Motions for Reconsideration and Appeals c. Contemporary Application of the Contract Clause 14. Naturalization and Denaturalization 3. Application c. Double Jeopardy a. Ex Post Facto Laws and Bills of Attainder H. Contract Clause a. Rights of the Accused a. Requisites b. Trials In Absentia 17. Natural-Born Citizens and Public Office 2.13. Impartial and Public Trial h. Right of Confrontation i. Availability b. Compulsory Process j. Writ of Amparo 18. Self-Incrimination Clause a. Loss of Citizenship . Bail c. Involuntary Servitude and Political Prisoners 20. Waiver 16. Right to Speedy. Writ of Habeas Corpus a. Rights of Suspects a. Dismissal with Consent of Accused 23. Immunity Statutes 19. Excessive Fines and Cruel and Inhuman Punishments 21. Requisites c. Citizenship 1.

Powers of Administrative Agencies a. Personnel Actions 13. Administrative Law 1. 5. Repatriation I. 6. Preventive Suspension and Back Salaries b. Ombudsman (1) Judicial Review in Administrative Proceedings (2) Judicial Review in Penal Proceedings c. Sandiganbayan Ill-Gotten Wealth 14. Accountability of Public Officers a. 2. Termination of Official Relation 12. . 4. Impeachment b. The Civil Service a.4. 7. Quasi-Legislative (Rule Making) Power (1) Kinds of Administrative Rules and Regulations (2) Requisites for Validity Quasi-Judicial (Adjudicatory) Power b. De Facto Officers 11. Law on Public Officers General Principles Modes of Acquiring Title to Public Office Modes and Kinds of Appointment Eligibility and Qualification Requirements Disabilities and Inhibitions of Public Officers Powers and Duties of Public Officers Rights of Public Officers Liabilities of Public Officers a. 1. 8. Illegal Dismissal. 3. Term Limits J. General Principles 2. Scope b. Immunity of Public Officers 10. Appointments to the Civil Service c. Administrative Agencies 3. Reinstatement and Back Salaries 9. d.

Qualifications of Candidates b. Petition Not to Give Due Course to Certificate of Candidacy b. Doctrine of Finality of Administrative Action K. 4. 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. Prohibited Contributions 8. Petition to Declare Failure of Elections c. 2. 3. Licensing and Rate-Fixing Powers 4. Remedies and Jurisdiction in Election Law a. Prosecution of Election Offenses L. Premature Campaigning b. Administrative Due Process Administrative Appeal and Review Administrative Res Judicata Fact-Finding. Campaign a. Pre-Proclamation Controversy d. Board of Canvassers 9. 6. Local Governments 1. Quo Warranto 10. Election Protest e. Election Law Suffrage Qualification and Disqualification of Voters Registration of Voters Inclusion and Exclusion Proceedings Political Parties Candidacy a.(1) (2) (3) c. 5. Public Corporations . 1. Judicial Recourse and Review a. Doctrine of Primary Administrative Jurisdiction b. Doctrine of Exhaustion of Administrative Remedies c. Investigative.

h. . Nature and Functions c. k. Legislative Power (1) Requisites for Valid Ordinance (2) Local Initiative and Referendum f. Powers of Local Government Units (LGUs) a. Police Power (General Welfare Clause) b. l. Corporate Powers (1) To Sue and Be Sued (2) To Acquire and Sell Property (3) To Enter Into Contracts (a) Requisites (b) Ultra Vires Contracts Liability of LGUs Settlement of Boundary Disputes Succession of Elective Officials 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 Recall Term Limits g. Merger or Dissolution 3.a. Requisites for Creation. Classifications (1) Quasi-Corporations (2) Municipal Corporations 2. Principles of Local Autonomy 4. Conversion. Closure and Opening of Roads e. Elements b. Division. Eminent Domain c. Municipal Corporations a. j. Concept (1) Distinguished from Government-Owned or Controlled Corporations (GOCCs) b. i. Taxing Power d.

Jus Cogens c. International Organizations c. Extradition (1) Fundamental Principles (2) Procedure (3) Distinguished from Deportation 9. Restraint of Trade and Unfair Competition Social Justice and Human Rights 1. Education. Commission on Human Rights O. Concept of Aeguo Et Bono 2. Obligations Erga Omnes b. 6. Culture and Sports 1. N. National Economy and Patrimony Regalian Doctrine Nationalist and Citizenship Requirement Provisions Exploration. 6. 2. Diplomatic and Consular Law Treaties Nationality and Statelessness Treatment of Aliens a. 4. Technology. Arts. Development and Utilization of Natural Resources Franchises.M. International and National Law 3. 3. Public International Law 1. 7. 1. 8. Private and Public Monopolies. Concept of Social Justice 2. Science. Concepts a. 5. Universal Declaration of Human Rights . Individuals 5. States b. Sources 4. 8. International Human Rights Law a. Academic Freedom P. 7. Ownership and Transfer of Public and Private Lands Practice of Professions Organization and Regulation of Corporations. Subjects a. Authority and Certificates for Public Utilities Acquisition.

. Archipelagic States (1) Straight Archipelagic Baselines (2) Archipelagic Waters (3) Archipelagic Sea Lanes Passage c. c. Social and Cultural Rights (ICESCR) 10. More is required for excellent and distinguished work as members of the Bar. and principles they need to know and be able to use correctly before they can be licensed to practice law. Tribunal of the Law of the Sea 12. c. 11. International Humanitarian Law (IHL) and Neutrality a. f. Baselines b. d.b. International Environment Law a. 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. Internal Waters Territorial Sea Exclusive Economic Zone Continental Shelf (1) Extended Continental Shelf g. 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. Core International Obligations of States in IHL Principles of IHL (1) Treatment of Civilians (2) Prisoners of War Law on Neutrality d. Law of the Sea a. doctrines. Categories of Armed Conflicts (1) International Armed Conflicts (2) Internal or Non-International Armed Conflict (3) War of National Liberation b. International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic. e.

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