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Political Law Reviewer Assignment 2012-2013 Version c

Political Law Reviewer Assignment 2012-2013 Version c

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PROF. ALEXIS F. MEDINA1

POLITICAL LAW REVIEW
STUDY GUIDE For Graded Recitations & Required Handwritten Answers

Briefly explain, differentiate or enumerate.

FOR MASTERY OF CONSTITUTIONAL TEXT
Article I, National Territory 1. 2. What comprises the national territory under the 1987 Constitution? How is the archipelagic doctrine expressed in the Constitution?

Article IV, Citizenship 3. 4. 5. Who are citizens of the Philippines? Who are natural-born citizens of the Philippines? What is the effect of marriage to an alien on Philippine citizenship?

Article V, Suffrage 6. 7. Who may exercise the right to suffrage? How may overseas Filipinos exercise their right to suffrage?

Article VI, The Legislative Department 8. 9. 10. 11. In whom is legislative power vested? What is the composition of the House of Representatives? Explain the privilege from arrest of Senators and members of Congress. For what activities shall members of Congress be not held liable?

1

AB Political Science, University of the Philippines (UP), Diliman; Order of the Purple Feather (OPF), UP, College of Law; Valedictorian, San Sebastian College-Recoletos, Manila, Institute of Law; Dean’s List, Ateneo de Manila Graduate School of Business, (MBA Program); former Philippine Youth delegate to Japan and Southeast Asia; Litigation lawyer, investment, property, labor and immigration law consultant; Represented Senate President Juan Ponce Enrile, the SM Group, and the Cojuangco family in several cases.

2|Page 12. What are the prohibitions on members of Congress in relation to holding or being appointed to other offices? 13. What are the prohibitions on members of Congress with respect to the practice of his profession or pursuit of his business? 14. What is required for each house to be able to conduct its business? 15. Enumerate the required majority for specific acts of Congress 16. What are the powers of each house with respect to its own members? 17. Who shall be the sole judge of all contests relating to the election, returns and qualifications of the members of the Senate and House of Representatives? 18. What kind of inquiries is the Senate or House of Representatives empowered to conduct in relation to its functions? 19. What are the limitations to the exercise of this power? 20. When may heads of departments appear before the Senate or House and be heard on matters pertaining to their departments? 21. How may they be questioned by the members of Congress? 22. Who has the power to declare the existence of a state of war? 23. What may Congress authorize the President to do in case of war or other national emergency? 24. What kinds of bills shall originate exclusively in the House of Representatives? 25. What is the Congress prohibited from doing to the budget proposed by the President? 26. Under Section 25, Article VI, what are the limitations on the power of Congress to pass appropriation bills? 27. Under Section 26, Article VI, what are the limitations on the power of Congress to pass bills in general? 28. How does a bill passed by Congress become a law? 29. What is the President’s so-called veto power? 30. How can Congress override this? 31. What is the power of the President with respect to appropriations, revenue or tariff bills? 32. Under Section 28, Article VI, what are the limitations on Congress’ power to tax? 33. What are the limitations on the Congress’ power to spend public funds? 34. May Congress increase the original and/or appellate jurisdiction of the Supreme Court? Under what circumstances? 35. Initiative 36. Referendum 37. In summary, enumerate and explain briefly the powers of Congress? Article VII, The Executive Branch 38. What is executive power?

What is the effect of a declaration of martial law? 55. What are the limitations on the President’s power to contract or guarantee loans? 59. The Judicial Department . Vice President. Article VIII.3|Page 39. Members of the Cabinet and their deputies with respect to the holding of other offices. what are the limitations on the powers of the President to declare martial law? 57. Who has the responsibility for the canvassing of the election returns for President and Vice President? 42. What are the limitations to the suspension of the writ by the President? 56. Give a constitutionally provided power of the Vice President. 43. Who else may have the power to appoint. In whom is executive power vested? 40. exercise of profession and pursuit of business? 48. In summary. What is required for a treaty or international agreement entered into by the President to be valid? 60. other than the President? 47. When may the President exercise his calling out powers as Commander in Chief of the armed forces? 49. What is the power of Congress with respect to such suspension or declaration? 53. How does the Constitution prevent nepotism by the President in the exercise of his appointing powers? 45. enumerate and briefly explain the powers of the President. What is the power of the Supreme Court with respect to such suspension or declaration? 54. For what duration may the President suspend the writ of habeas corpus or declare martial law? 51. What are the requisites for the exercise by the President of his power to declare martial law or suspend the privilege of writ of habeas corpus? 50. In summary. What are the qualifications to be elected President? 41. 44. What is the duty of the President after such suspension or declaration? 52. State the prohibition on the President. Give the instances when the Vice President shall serve as President. Briefly state the pardoning power of the President? 58. What are the categories of officials who are subject to the appointing power of the President? 46.

73. What are the powers of the Supreme Court? 67. What are the criteria for appointments in the civil service? 80. Briefly explain. What are the limitations on the power of Congress to make appropriations for the judiciary? 64. 72. What are the ways by which the President can “check” the exercise of power by Congress. ARTICLE VIII. What are covered by the civil service? 79. Do government employees have the right to form unions? Why? . What is the limitation on the power of Congress to reorganize the judiciary? 66. What are the ways by which Congress can “check” the exercise of power by the Judiciary. Separation of Powers/Checks & Balances 71. 74. State the rule-making power of the Supreme Court 68.4|Page 61. In whom is judicial power vested? 62. Article IX. What is the power of Congress with respect to jurisdiction of courts? 65. What are the safeguards to ensure the independence of constitutional commissions? 77. Give the safeguards embodied in the Constitution to ensure the independence of the judiciary Article VI. Constitutional Commissions 75. What are the ways by which Congress can “check” the exercise of power by the President? Briefly explain each. ARTICLE VII. What are the only valid causes for removal or suspension of employees or officers in the civil service? 81. What is the function of the Judicial and Bar Council? 70. What is the constitutional requirement for decisions rendered by the courts? 69. What are the Constitutional Commissions? 76. What are the powers of the Civil Service Commission? 78. What are the ways by which the President can “check” the exercise of power by the Judiciary? Briefly explain. Briefly explain each. What is judicial power under the 1987 Constitution? 63.

Who may be removed from office by impeachment? 103. What is the specific power of the Commission on Audit with respect to the examination and auditing of funds of the government? 91. What are the powers of the Commission on Audit? 90. What is the prohibition on the grant of exemption from the jurisdiction of COA? 92. mean? 101. What is the basic character of a public office? What does this . or media of communications? 89. What is the role of the President with respect to local governments? 97. fees and charges accrue? 99. What is the rule on double compensation? 86. Outline the entire impeachment process. Legislative or Judicial branches? 93. What are the powers of the Commission on Audit? 87. city. What is the extent of the taxing power of local governments? 98. or abolition of a province. What are the grounds for impeachment? 104. Accountability of Public Officers 100. municipality or barangay? Article XI. What is the power of the Comelec with respect to the enjoyment and utilization of all franchises or permits for the operation of transportation and other public utilities. How is the process of impeachment initiated? 105. Legislative or Judicial branches? Article X. What are the territorial and political subdivisions of the Philippines? 95. What is the prohibition on appointment of losing election candidates? 83. To whom should these local taxes. How may the Civil Service Commission check the exercise of power by the Executive. How may the Commission on Audit check the exercise of power by the Executive. What is the most basic right of local governments? 96. merger. What matters are within the exclusive original jurisdiction of the Commission on Elections? 88. What is the requirement for the creation.5|Page 82. division. What is the prohibition on elective officials with respect to their appointment to other public offices? 84. What is the prohibition on appointive officials with respect to holding any other office in government? What are the exceptions? 85. Which of these categories required confirmation by the Commission on Appointments? 102. Local Government 94.

Science and Technology. What is the rule on the practice of profession? 116. development and utilization of natural resources? 110. General Provisions 125. State the Filipino First policy. State the rule on the exploration. State the rule of preference on the grant of rights. What are the limitations in incurring foreign loans? 115. When is a public officer considered impeached? What is the extent of judgments in cases of impeachment? Article XII. restraint of trade and unfair competition? Article XIII. What are the prohibitions on members of the military with respect to appointment to other public office? . privileges and concessions covering the national economy and patrimony. 111. Who are allowed to own educational institutions? 122. National Economy & Patrimony 108. Arts. State the prohibition on the establishment of schools for aliens? 124. State the Regalian Doctrine under the 1987 Constitution. How may the State regulate the formation of private corporations? 117. What is the policy of the State with respect to monopolies. What should be the composition of the armed forces of the Philippines? 126. Under what conditions may the government allow religion to be taught to children in public elementary and high schools? 121. 107. What is academic freedom? Article XVI. When may the State temporarily take over a privately owned public utility or business affected with public interest? 114. What are the prohibitions on members of the military with respect to elections? 127. 113.6|Page 106. What is the primary function of the Commission on Human Rights? Article XIV. 112. Who are allowed to control and administer educational institutions? 123. State the limitations on the grant of franchise for the operation of a public utility. Culture and Sports 119. What is the obligation of the State with respect to the maintenance of a free public education system? 120. Social Justice and Human Rights 118. 109. Education.

133. briefly explain. 5. Political Law Effect of change in sovereignty to political laws State Elements of a state Meaning of sovereignty Dominium Imperium Republicanism The Constitution in General 9. What are the limitations in the ownership of mass media? 129. differentiate or enumerate. What are the requirements for foreign military bases. 7. How may amendments to the Constitution be proposed? How may revisions to the Constitution be proposed? How may a constitutional convention be called? When will an amendment or revision of the Constitution be valid? Article XVIII. POLITICAL LAW INTRODUCTION 1. 132. 6. Constitution defined Parts of a written constitution Doctrine of constitutional supremacy Self-executing and non-self-executing provisions of the Constitution . PRINCIPLES & DOCTRINES Define.7|Page 128. 10. What are the prohibitions on the ownership and management of persons or corporation in the advertising industry? Article XVII. 131. troops. 2. 3. 11. Amendments and Revisions 130. 4. Transitory Provisions 134. 12. 8. or facilities to be allowed in the Philippines? FOR MASTERY OF POLITICAL LAW CONCEPTS.

Election of citizenship 24. Who are citizens of the Philippines under the 1987 Constitution? 19. Who are citizens of the Philippines at the time of the adoption of the 1935 Constitution? 22. Effective renunciation of citizenship 28. Who are citizens of the Philippines at the time of the adoption of the 1987 Constitution? 20. Effects of citizenship reacquisition under Republic Act 9225 32. Dual citizenship National Territory 36. Requirement to run for public office for those who reacquire citizenship under Republic Act 9225 34. What are the two essential elements for a petition to be considered valid under Sec. May the people directly propose amendments to the Constitution through the system of initiative? Why? Citizenship 18. How citizenship is retained or reacquired under Republic Act 9225 31. May amendments to the Constitution be proposed directly by the people through an initiative petition? Why? 16. Naturalization v. What is the difference between amendment and revision of the Constitution? 15. How is Philippine citizenship acquired? 23. Who are citizens of the Philippines at the time of the adoption of the 1973 Constitution? 21. What is repatriation? 30. 2. Article XVII of the Constitution on amendments directly proposed by the people through initiative? How can these elements be met? 14. Repatriation 35. How is citizenship reacquired? 29. Is the system of initiative on the Constitution under the Constitution self-executory? Why? 17. Judicial vs. Naturalization 25. Dual allegiance vs. How is citizenship lost? 27. Administrative naturalization 26. Archipelagic doctrine .8|Page 13. Rights of those who reacquire their citizenship under Republic Act 9225 33.

What are the specific islands or territories included in the phrase “Philippine archipelago”? 38. Liability 52. Implied consented to be sued 50. What is the so-called baseline method? 40. What are the territories included in “all other territories over which the Philippines has sovereignty or jurisdiction”? State immunity from suit 42. Suability vs. Consent to be sued vs. How must enforcement or satisfaction of a judgment against the State be pursued? STRUCTURE AND POWERS OF GOVERNMENT Principles & Policies of the Philippine State 55. May officers of the government who exceeds the power conferred upon them by law hide under the principle of sovereign immunity from suit? Why? 46. Civilian supremacy over the military . Does the Philippines conform to the archipelagic concept under the UN Convention on the Law of the Sea? 41. consent to execution 53. Meaning of State immunity from suit 43. What suits are considered a suit against a state 45.9|Page 37. How is the principle of People Power reflected in the 1987 Constitution? 56. May the courts issue writs of execution against the government? Why? 54. May the courts review the determination of the Department of Foreign Affairs that a State or a diplomatic official is entitled to a sovereign or diplomatic immunity from suit? 47. Examples of express consent to be sued 49. Theoretical and practical basis of the doctrine 44. Are all contracts entered into by the government considered as waiver of its immunity from suit? Why? 51. What are the territories included in “all other territories over which the Philippines has sovereignty or jurisdiction”? 39. Republicanism 57. How state consent to be sued is given 48.

What is the reason behind the lis mota requirement? 81. What are the exceptions to the principle of separation of Church and State under the 1987 Constitution? 62. Meaning of lis mota requirement 80. Protection for the life of the unborn 63.10 | P a g e 58. Blending of powers 67. Locus standi 74. Political questions 83. Moot and academic principle 73. Examples of political questions based on jurisprudence 86. Can courts pass upon the wisdom and soundness of an executive decision? Why not? 85. Separation of Powers 66. Doctrine of operative fact . Doctrine of transcendental importance lis mota 78. Meaning of earliest opportunity 79. What is the “case or controversy” requirement in the exercise of judicial review? 71. Power of judicial review in general 69. EDSA People Power I v. When does a taxpayer. What is the meaning of “ripeness” requirement in the exercise of judicial review 72. May the unborn have standing to sue in court? Why? 77. Intergenerational responsibility 64. May the courts supplant the executive? Why? 84. Direct injury test 76. Status of an unconstitutional law 88. EDSA People Power II 87. Generally accepted principles of international law 60. How is the principle of separation of Church and State ensured under the 1987 Constitution? 61. Does the deployment of the military for civilian law enforcement necessarily constitute a violation of the civilian supremacy clause? Why? 59. Judicial Supremacy 68. Meaning of social justice Structure of Government in General 65. voter or citizen have locus standi? 75. Requisites for judicial review 70. Judicial restraint 82. legislator.

Basis and concept of congressional oversight 107. Qualification of Party List Nominees 97. What power is included in the power of inquiry? 113. Enrolled Bill doctrine . Legislative power 90. What are the alternatives for Congress’ Bicameral Conference Committee in terms of harmonizing bills from both Houses? 105. Limitation on legislative power: Passage of irrepealable laws 92. What is the difference between the power of inquiry of Congress and the right of the people to information on matters of public concern? 117. In whom is legislative power vested? 91. Power of inquiry v.11 | P a g e The Legislative Branch 89. How party list seats are to be filled up 99. Amendment by Substitution 106. May Congress empower itself to approve the implementing rules of a law. Limitation on legislative power: non-delegation 93. Validity of legislative veto 108. Question hour 116. Inquiry in aid of legislation v. Composition of the House of Representatives 95. What are the two basic steps required before a bill becomes a law? 110. Parameters of Philippine-style party list elections 98. Privilege from Arrest 103. May Congress compel the attendance of one of its absent members if the latter is confined for being charged with a crime punishable by imprisonment of more than six years? Why? 104. What are the limitations to the power of Congress to conduct legislative inquires? 115. Power of inquiry 112. What are the guidelines for screening party-list participants? 96. Privilege of Speech or Debate 101. Legislative power 114. What is the remedy of Congress in case the President refuses to allow members of the military to appear before Congressional inquiries? 118. Does the House of Representatives on its own validly exercise legislative power? 109. When is a speech or debate of a Member of Congress considered privileged? 102. May Congress impose additional qualifications for membership in Congress? Why? 100. Delegation of legislative power: Requisites for validity 94. after a law has already taken effect? Why? 111.

12 | P a g e 119. Nepotism rule 134. May courts of law review a budget passed by Congress to determine if such budget is reasonable or sufficient? Why? 125. Germaneness test 123. Acting appointment 144. Unitary Executive 131. Veto of a provision v. What is the extent of the President’s power of control? 136. Legal bases of the power of the president to reorganize the Executive branch 139. Power of the Supreme Court to invalidate acts of non-compliance to internal rules of Congress 121. veto of an item 124. In prescribing qualifications for Presidential appointees. Presidential privileges 133. even before or without previous publication? Why? 128. Is the President’s power to appoint subject to legislative limitations? 142. Rider 122. Midnight appointments . What laws must be published first as a condition for their effectivity? The Executive Branch 129. Executive power 130. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment? 145. Power of control 135. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the President? Why? 143. Can Congress make a law effective immediately upon approval. Power of supervision 137. Presidential immunity 132. Doctrine of qualified political agency 138. What is the power of Congress with respect in relation to the power of the President to appoint? 126. Power of control v. What is the difference between a disapproved and a by-passed ad interim appointment? 146. Evidentiary value of journals 120. In whom may Congress vest the power to appoint lower ranked officers? 141. Power of appointment 140. Ad interim appointment v. what is the limit to the power of Congress? 127.

What is the extent of the President’s power to reorganize executive departments. Veto power 155. bureaus and offices? 170. President’s power to investigate and discipline local government officials 160. What are the powers of the President which may not be delegated to or exercised by an agent or alter ego of the President? 166. What is the constitutional and statutory basis of the power of the President to reorganize the executive departments. Who is the sole organ of the State in external relations? 161. the Secretary of Finance? Why? 167. Power of removal 148. Presidential communications privilege 178. Why does the President have the power to prevent a member of the Armed Forces from testifying before a legislative inquiry? 154. bureaus and offices? 169. Varieties of executive privilege 177. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why? 172. Treaty-making power of the President 162.13 | P a g e 147. Presidential immunity from suit 174. What is the limitation to this power? 164. Is the exercise of judicial review meant to supplant the Executive? 168. Power of the President to declare a national emergency vs. Scope of presidential immunity from suit 175. Residual powers 171. Exercise of emergency powers 165. Doctrine of “operational proximity” . Distinguish the power of the President to veto a bill and his power to veto a particular item in an appropriation bill 156. Limitations on the power of removal 149. Executive privilege 176. Supervision defined 159. 163. Powers of the President as Command-in-Chief 150. Does the President have the power to restrict the speech of members of the Armed Forces? Why? 152. The President’s Ordinance power 157. Does the President have the power to restrict the mobility of members of the Armed Forces? Why? 153. Power of general supervision over local governments 158. Explain the nature of the act of ratification of a treaty. May the President’s borrowing power be exercised by his or her alter ego. What is the extent of the power of the President as commander-inchief of the Armed Forces of the Philippines? 151. Please explain the power of the president to “keep the peace”? 173.

How should the claim of executive privilege be invoked? 184. Are communications within the executive privilege absolutely protected by the Constitution? Explain. What is the character of the diplomatic negotiations privilege? 197. What must be shown to overcome this privilege? 182. How can the presumption of the privileged character of diplomatic negotiations be overcome? 198. How should the Congress overturn this presumption? 194. 181. autonomy Judicial power under the 1987 Constitution Judicial power as a duty Judicial restraint Fiscal autonomy What can the Supreme Court specifically do because of its fiscal . May the President require that all executive officials to seek prior consent before attending a legislative inquiry? 189. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why? 187. 203. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials? Why? 186. What are the elements of the so-called presidential communications privilege? 180. What is the presumption with respect to presidential communications? 191. What is the nature of the power of the President to enter into executive agreements or to secure foreign loans? 192. The Judiciary 199.14 | P a g e 179. 202. 200. Are the offers exchanged by the parties during the negotiations toward an international agreement privileged? Why? 196. What are required of the Congressional committee conducting a legislative inquiry when inviting a person to appear before it? 185. Who are the officers covered by the doctrine of “operation proximity?” 193. 201. Is executive privilege a bar to the possible disclosure of crime or wrongdoing? 183. What should be given to officials summoned by Congress on matter which might covered by executive privilege? 190. What are the different forms of executive clemency? Briefly explain each. Is the final text of an international agreement privileged? Why? 195. Who has the power to invoke executive privilege? 188.

228. 224. police power Eminent domain vs. 220. 223. 231. Rule-making power of the Supreme Court 209. power of taxation Eminent domain as an implement of police power Who may exercise the power of eminent domain Constitutional limitations on eminent domain When is there a compensable “taking”? Requisites for a valid exercise Meaning of public use Meaning of necessity Meaning of just compensation What is the contemporary application of the contract clause? When should just compensation be paid Effect of delay of payment Abandonment of intended use and right of repurchase Reckoning point for determining just compensation .15 | P a g e 204. 215. Eminent domain defined Eminent domain vs. taxation & eminent domain Taxing and eminent domain powers as implements of police power Who may exercise police power Limitations on police power Requisites for a valid exercise Power of eminent domain 218. 233. What should be given to entities vested with “fiscal autonomy” in terms of their appropriations? 206. Decision-making process in the Supreme Court FUNDAMENTAL POWERS OF THE STATE Police power 212. Police power defined Police power v. 230. 229. 226. 217. 227. 213. 214. Why rule-making is now an exclusive power of the Supreme Court 210. Administrative supervision of the Supreme Court 208. 225. Automatic release of appropriations defined 205. 232. Is a revenue shortfall a valid justification to withhold the release of funds of these Constitutional bodies? 207. Power of the Supreme Court to control the execution of its decision as an essential aspect of jurisdiction 211. 221. 222. 216. 219.

239. 240. 235. 251. 255. Meaning of equal protection clause Valid and invalid classifications Requirements for a valid classifications Standards of review Privacy of Communication 260. 243. There 242. 244. 259. 241. 253. 247. 245. 238. Types of communication protected by the right to privacy of communication and correspondence: Is it a protection against illegal wiretaps? . 254. political rights Due Process 237. Due process defined Relativity of due process Protection guaranteed by the due process clause Who are protected by the due process clause Basic requirement for invoking the right to due process: must be a deprivation of life. 258. 248. liberty or property Meaning of life Meaning of liberty Meaning of property Aspects of due process Meaning of procedural due process Meaning of substantive due process Requirements of procedural due process Requirements of substantive due process Levels/Standards of review under substantive due process Effect of failure to comply with notice and hearing requirements Exceptions to the general rule requiring notice and hearing Due process and the right to privacy Void for vagueness doctrine Publication of laws as a requirement of due process Equal Protection 256.16 | P a g e THE BILL OF RIGHTS 234. 249. 236. 257. 250. State action doctrine Hierarchy of rights Civil rights v. 252. 246.

265. 274. 281. 291. 279. 270. 269. when is a search unreasonable? When does the search or seizure violate the Constitution? What protection does the search or seizure clause guarantee? What is the basic requirement for the Constitutional prohibition to . 266. 283. 289. apply? 290. 280. 268. When is there a government or state action? In general. 278. How does the Writ of Habeas Data ensure protection of the privacy of communication? Freedom of Speech. 282. 277. 285. 276. 271. 264. Government Speech Heckler’s Veto Public figure doctrine Fair commentaries on matters of public interest Unprotected speech Obscenity Liberty of abode & right to travel 284. 272. What are the conditions for permissible intrusion into the privacy of communication and correspondence? 262. 286. Expression and of the Press 263. 267. Liberty of abode Right to travel Right to return to one’s country Unlawful Searches & Seizures 287. Meaning of the right to free expression Aspects of the freedom of speech Freedom from prior restraint Examples of prior restraint Content-neutral regulation Content-based regulation Invalid and Valid prior restraints Clear and present danger test Balancing of Interest test Dangerous tendency test What is a “facial challenge” of a law? Void-for-vagueness doctrine Overbreadth doctrine Regulation of broadcast media Commercial Speech Private v. 275. 273.17 | P a g e 261. 288.

Requirements for a valid search of a moving motor vehicle 298. Requirements for a valid hot pursuit arrest 313. May these rights be invoked in administrative investigations? 320. What are the requirements for a valid search warrant? 293. Limitations on a search incident to a lawful arrest 297. alcohol and blood tests violate the right against unreasonable searches? Explain 304. What is the basic requirement in all valid warrantless searches? 305. When may a warrantless search be deemed valid? 295. Legality of drug. Valid instances of warrantless arrests 309. Exclusionary rule 307. Probable cause 296. Requirements for a valid consented search 300.18 | P a g e 292. What are the requirements for a valid arrest warrant? 294. alcohol and blood tests Rights of persons under investigation 315. What does custodial investigation mean? 318. Overt act requirement 312. How may these rights be waived? 325. Exclusionary rule in relation to violation of Miranda rights . Requirements for a valid Terry search 302. Meaning of right to be informed 323. What are the requisites for a valid waiver? 326. What are the consequences of an unlawful search or seizure? 306. Meaning of probable cause for a valid warrantless arrest 310. Administrative arrest 314. Are these rights available during a police line up? 319. Fruit of the poisonous tree doctrine 308. Are warrantless searches pursuant to routine airport security procedure valid? 303. State the Supreme Court’s guidelines on Miranda rights as expressed in the case of People v. 301. What are the Constitutional rights or Miranda rights of persons under investigation for the commission of an offense? 316. State the rule on extra-judicial confessions 322. Requirements for seizure of evidence in plain view 299. Requirements for a valid in flagrante arrest 311. Do mandatory drug. Meaning of right to counsel 324. Mahinay 321. Terry search. At what point will these rights become available to a person? 317.

Is the right of the accused to choose his own counsel during trial absolute? 352. Meaning of right of the accused to be informed of the nature and cause of the accusation against him . What are the requirements for religion to be taught in public elementary and high schools? 331. Which one is absolute? 336. Presumption of innocence 347. What does the Free-exercise clause mean? 334. What is the sole valid justification for a prior restraint or limitation on religious freedom? 340. State the provisions in the Constitution that allow State support or entanglement with religion? 330. What are the rights of the accused under Section 14. May the accused waive his right to counsel during trial? 351. What are the provisions in the Constitution that support the Nonestablishment clause? 329. What is the compelling state interest test from a benevolent neutrality stance? 341. Right to be heard by himself and counsel 350. What kind of protection is accorded to religious speech and expressive religious conduct? 338. Delay in the resolution of a case as a violation of due process 345. The right of the State to due process 346. When is negligence of counsel considering denial of right to be heard? 353. Equipoise rule 349. presumption of innocence 348. Essential requirements of criminal due process 344. What is the so-called Lemon Test? 332. What is the belief-action test? 337. What are the two basic aspects of religious freedom? 335. Article II of the Constitution? 343. Presumption of regularity of performance of official duty vs. What kind of protection is given to religious conduct? 339. What are the steps to be followed to apply this test? Rights of the accused under Section 14 342. What does the Non-establishment clause mean? 328. Benevolent accomodation or neutrality test 333.19 | P a g e Freedom of religion 327.

Can the accused waive his right to be informed of the nature and cause of the accusation against him? 359. Does a prospective extradite have the right to bail? Is the right to bail limited to criminal proceedings? Briefly explain. Meaning of right to compulsory process 365. 381. What is the limitation on the power of the court to set bail? 379. When is bail a matter of discretion? 371. Actual cross-examination vs. What must be alleged in the criminal information? 356. Meaning of speedy trial 360.20 | P a g e 354. Does a person under detention but not yet formally charged have a right to bail? 373. what is mandatory 376. What are the requisites for compelling the attendance of witnesses or production of evidence in behalf of the accused? 366. Is the hearing for the application for bail mandatory? 374. What must it do to discharge this burden? 378. Meaning of right to meet witness face to face 363. When is a hearing bail is discretionary. Free legal assistance Free access to courts Right to information . After receiving an application for bail. When bail is discretionary. Does a person who is not under detention have a right to bail? 372. When is bail a matter of right? 370. Can the accused waive his right to counsel during trial? 358. What are the requirements of this right? 355. opportunity to cross-examine 364. Legal assistance & access to courts 380. Trial in absentia 367. Meaning of impartial trial 361. what are the things that a judge must do? 375. Meaning of public trial 362. Who is entitled to bail? 369. what is the burden of the prosecution? 377. When is the presence of the accused mandatory? Right to bail 368. May the accused be convicted of a crime for which he was not charged? Briefly explain? 357.

Article III of the Constitution? 399. 387. 394. What kinds of punishments are prohibited under Section 10. writ of habeas data Right against self-incrimination 391. 401. What are the limitations on the people’s right to information? 383. valid? Prohibited punishments 398. 390. What is the basic meaning of the right against double jeopardy? What are the three related protections covered by this right? What are the requisites for double jeopardy to attach? What are the instances when involuntary servitude is deemed .21 | P a g e 382. 393. 385. 402. papers and chattels that may be used against him? 396. 388. 389. 386. When is a punishment cruel or unusual? The right against double jeopardy 400. writ of habeas data Writ of amparo v. 392. writ of amparo Writ of habeas corpus v. May the accused be compelled to produce a specimen of his handwriting that will be used against him? Right against involuntary servitude 397. What is the writ of habeas corpus? Give instances when this privilege is available? Writ of amparo Writ of habeas data Writ of habeas corpus v. and freedom of the press: Which should prevail? Habeas corpus 384. May the accused be compelled to produce documents. The right of the people to public information. The right of the accused and the power of the court to control its proceedings to ensure a fair trial vs. right? May a person not accused of a crime avail of this right? When m ay this right be invoked? What kind of compulsion does this right cover? Is the use of the body of the accused as evidence violative of this 395.

Immunity of public officers 421. Judicial Review of Ombudsman resolutions 430. 436. Criterion for appointment and mode of selection 425. What is the finality of acquittal rule? What are the exceptions to this rule? Prohibition on ex post facto laws and bills of attainder 405. Sandiganbayan 431. 404. What are the disabilities and inhibitions of specific public officers? 415. 409. Ill-Gotten Wealth 432. Impeachment 427. 434. Preventive suspension and back salaries 419. reinstatement and back salaries 420. Scope of civil service 424. 406. What are the liabilities of public officers? 417. What are the eligigility and qualification requirements for specific public offices? 414. Give at least six kinds of ex post facto laws What are the characteristics of an ex post facto law? Meaning of a bill of attainder Characteristics of a bill of attainder May a bill of attainder be an ex post facto law? May an ex post facto law be at the same time a bill of attainder? PUBLIC OFFICERS 411. What are the modes and kinds of appointment? 413. Powers of the Ombudsman 428. Illegal dismissal. Accountability public officers 426. 408. Termination of Official Relation 423. Term Limits ADMINISTRATIVE LAW 433. What are the modes of acquiring title to public office? 412. 435. What ar the rights of public officers 418. 407. Creation of administrative agencies Powers of administrative agencies in general Meaning Quasi-Legislative (Rule Making) power Kinds of administrative rules and regulations . What are the powers and duties of public officers in general? 416. De facto officers 422. Judicial review in Ombudsman proceedings 429. 410.22 | P a g e 403.

Who may exercise this right: Qualification and disqualification of Registration of voters Who has jurisdiction over inclusion and exclusion proceedings Who may be elected 455. 456. Administrative appeal and review 442. remedies or modes of review of the exercise of quasi-judicial powers of an administrative agency? 446. Explain the fact-finding. What are the judicial recourses. 458. 463. 460. Meaning of suffrage Who may elect 452. Doctrine of finality of administrative action 450. Requisites for validity 438. Administrative res judicata 443. meaning and elements Change of residency: requisites Disqualifications of individual candidates under the Constitution Disqualification of individual candidates under statutes Qualification and disqualification of party list candidates Qualification and disqualification of party list nominees Other actors in the election process 462. 457. 459. Doctrine of primary administrative jurisdiction 447. remedies or modes of review of the exercise of quasi-legislative powers of an administrative agency? 445. Voters 453. Meaning and requirement of administrative due process\ 441.23 | P a g e 437. Quasi-judicial (Adjudicatory) power 440. Doctrine of exhaustion of administrative remedies 448. 454. 461. Exceptions to the doctrine of exhaustion 449. Power of administrative agencies to cite for contempt: when and when not available PUBLIC OFFICERS 451. Qualification of individual candidates Residency. What are the judicial recourses. Publication: when and when not required 439. Powers of the Commission on Elections The role of the armed forces . licensing and rate-fixing powers of administrative agencies 444. investigative.

Quo Warranto: When can it be filed and on what ground/s 481. The role of the media The electoral process 465. Election period Effect of filing on appointive and elective officers Substitution of candidates Nuisance candidates Petition to Deny or Cancel Certificates of Candidacy Effect of Disqualification Withdrawal of Candidates Prohibited acts during campaign Premature campaigning. 475. is it illegal? Briefly explain. Concept of public corporations . 473. 467. 469. 474. Election protest v. quo warranto 482. 471. 472. 466. Pre-Proclamation Controversy: When can it be filed and on what ground/s 479. 470. 468. Petition to Declare Failure of Elections: When can it be filed and on what ground/s 478. Outline the jurisdiction of various courts/tribunals in election controversies LOCAL GOVERNMENTS 484. Who may prosecute for election cffenses 483. Election Protest: When can it be filed and on what ground/s 480. Petition Not to Give Due Course to Certificate of Candidacy: When can it be filed and on what ground/s 477.24 | P a g e 464. Prohibited Contributions Role of the Board of Canvassers Remedies in election law 476.

487. Government-Owned or Controlled Classifications of public corporations Elements of municipal corporations Nature and function of municipal corporations Requisites for Creation. 495. 508. 499. Conversion. Meaning of international law Obligations Erga Omnes Jus Cogens . Public corporations v. 506. 509. 518. 489. 496. 515. 501. Merger or Dissolution Meaning of local autonomy Meaning of fiscal autonomy Extent and limitation of LGUs taxing power Exent and limitation of LGUs eminent domain power Extent and limitation of LGUs police power Extent and limitation of power to close and open roads Extent and limitation of legislative power Liability for torts and contracts May local governments be sued? Are properties of local governments exempt from execution? Requisites for entering into a valid contract Doctrine of implied municipal liability Settlement of boundary disputes Succession of elective officials Discipline of local officials: Who may exercise and on what grounds State the nepotism rule under the Local Government Code Preventive suspension Removal Administrative Appeal Doctrine of Condonation Appointive Officials Recall Term Limits NATIONAL ECONOMY AND PATRIMONY/SOCIAL JUSTICE & HUMAN RIGHTS/EDUCATION.25 | P a g e 485. TECHNOLOGY. 502. 497. Division. 514. 498. 517. 500. 505. CULTURE AND SPORTS 513. 511. 512. SCIENCE. 503. 510. ARTS. 494. 493. 488. 490. 507. 504. 491. Corporations 486. 492. Meaning of Regalian Doctrine Filipino first policy Meaning of academic freedom PUBLIC INTERNATIONAL LAW 516.

Prisoners of War 541. Treatment of Aliens 531. Treaties 529. Baselines 545. Social and Cultural Rights (ICESCR) 535. What is a continental shelf? 553. What is the territorial sea? 549. International Armed Conflicts 536. fundamental principles and procedure 532. What is the extended continental shelf? . What is the exclusive economic zone? 551. Internal or Non-International Armed Conflict 537. Core International Obligations of States in International Humanitarian Law 539. What are the rights of states with respect to their internal waters? 548. What are the immunities enjoyed by diplomatic agents? 528. deportation 533. Archipelagic States (1) Straight Archipelagic Baselines (2) Archipelagic Waters (3) Archipelagic Sea Lanes Passage 546. Cardinal principles under the United Nations charter 525. Law on Neutrality 542. What are internal waters? 547. War of National Liberation 538. What are the recognized sources of international law? 522. Who are the subjects of international law? 524. Diplomatic and consular law in general 527. Extradition. What are the rights of a state with respect to its territorial sea? 550. United Nations Convention on the Law of the Sea 544. Nationality and Statelessness 530. Universal Declaration of Human Rights 534. What are the rights of a state with respect to its continental shelf? 554. Law of the Sea in general 543. Extradition v. Role and function of the General Assembly. International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic. What is the difference between a treaty and international agreement? 523. Concept of Aeguo Et Bono 520. Security Council and International Court of Justice 526. Which should prevail? International law or municipal law? 521.26 | P a g e 519. What are the rights of a state with respect to its exclusive economic zone? 552. Treatment of Civilians 540.

No. 25 November 2009 Navia v. Executive Secretary. 186050.R.R. No. No. 15 February 2008 Pollo v. 11 February 2010. Commission on Elections. Olalia. 08-2-01-0 Ang Ladlad LGBT Party v. 23 November 2010 Bayan Muna v. G. Manalo. 19 January 2009 Nicolas-Lewis v. 07 December 2010 Vinuya v. 187689. 2011 Social Justice Society v. June 19.R. G. 2008 Alejano v. 22 February 2010 Penera v. G. 162230. No. 187167. 187752. Senate Committee. 19 April 2007 Secretary of National Defense v. 02 February 2010 Mitra v. Tribunal of the Law of the Sea 557. Comelec.R. When and how does the Tribunal of the Law of the Sea acquire jurisdiction over a dispute? 558. International Environment Law: Give at least seven basic principles of international environmental law and briefly explain each. 04 August 2006 Abdul Gaffar P. G. No. 18 October 2011 People v. No. 2012.R. Civil Service Commission. G. G. Gonzales. Civil Service Commission. 11 July 2002 City of Manila v.27 | P a g e 555. G. Laguio Jr. Commission on Audit. 157870.R. Principle 21 of Stockholm Declaration ASSIGNED CASES (selected recent jurisprudence) Biraogo v. of Budget and Management. April 24.R. Comelec. 180906 Rodriguez v. Cruz. July 16. 182555 : September 7. No.R. 182165. Dibaratun v. 181613. 159618. G.M. No.R. Pardico. Comelec. January 10. Comelec. November 3. Comelec. 2010 De Castro v. No. 180452. Senate Committee on Accountability of Public Officers. 191805 Balao v. 179830) Nacu v. 13 December 2011 Castillo v.R No. No. Arroyo. 02 July 2010 Quinto v.R. Ng. G. David. Ermita. 2011 . 04 September 2008 Lawyers Against Monopoly v. Dangerous Drugs Board. 07 September 2010 Gov’t of Hong Kong v. 25 August 2005 Lumanog v. G. Arroyo. Judicial and Bar Council. GR No. What are the rights of a state with respect to its extended continental shelf? 556. No. G. 184467 Japzon v. No. 384 SCRA 525. 01 February 2011 Magallona v. April 8. Romulo.R. G. 181881. No. G. 2010 Funa v.R. 192791 People v.. Comelec. A. GR Nos. Cabuay. 25 March 2008 Neri v. Comelec. No. G. 03 December 2009. Philippine Truth Commission. 07 October 2008. Bangcarawan.R. April 28. No. 17 March 2010 Neri v. Sec.R. 2010 Carbonnel v. 455 SCRA 308 Chavez v. 25 November 2009 Bedol v. G. People.M. 15 November 2011. 2012 Petition for Recognition of Exemption of GSIS from Payment of Docket Fees. 559.

Examinations shall be in the MCQ and traditional bar essay formats. Both requirements shall be submitted five (5) days before the final examination.28 | P a g e IMPORTANT REMINDERS Written Requirements 1. will be given. Hand-written answers to all the guide questions. All Personal Reviewers shall be returned to each student after the release of the grading sheet. . Failure to submit or the submission of an incomplete Personal Reviewer shall lead to an automatic failing grade. including midterm and final examinations. each student may obtain a score of from 0 to 5 pts. For each recitation. Submission of falsified Personal Reviewer (those not personally handwritten by the student) shall be a ground for a final grade of “70” and a recommendation of expulsion from the college. shall each obtain a score of -1 pts (Negative 1 point). 2. recitations and hand-written assignment. However. every student must be ready to answer the questions or recite the facts and the law of the case given in the guide. questions for graded recitations shall not be limited to the questions in the guide. During recitations. depending on his or her performance. However. Grading System: Grades shall be computed on the basis of a student’s performance in the examinations. Recitations will be conducted every session. for whatever the reason. those students who are called for recitation but are not present. Hand-written digests of all the assigned cases. At least eight (8) examinations. The handwritten answers to the guide questions and hand-written digests shall serve as your Personal Reviewer.

.29 | P a g e Each meeting. Those with Personal Reviewers shall be evaluated on the basis of correctness of answers. organization and presentation. at least 30 questions in the guide will be covered in the recitations. recitations will cover the assigned cases related to the topics covered by the guide questions. completeness of answers. After the guide questions are covered.

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