UNIVERSITY OF ILOILO - PHINMA College of Law Iloilo City POLITICAL LAW REVIEW Jose Edmund Guillen, A.B., LL.B., LL.M.
COURSE OUTLINE This is a review class for all courses which were taken during the first three years of law school, namely: constitutional law I and II, administrative law, law on public officers, law on municipal corporations, election laws and public international law. Considering the scope of the topics to be covered for only one semester, it is reasonably expected of every student that he/she has already a good grasp of the principles and cases that are traditionally discussed or associated in each of the enumerated course above. It is expected of him or her that he/she enrolled in this class to revisit and reaffirm what he or she has already learned and not primarily to learn about the topics for the first time. Meeting: Every Saturday, from 2:00 to 6:00 P.M. Casebook: Outline Reviewer in Political Law By Antonio B. Nachura Preferably 2009 Edition References: The 1987 Constitution of the Republic of the Philippines: A Commentary By Joaquin Bernas S. J. Rex Bookstore 2009 Edition The Philippine Political Law By Justice Isagani Cruz 2002 Edition June 13 Introduction to the course Concept of the state and its elements Doctrine of State Immunity Principles and State Policies Section 10 &11- Relate to Article XIII Section 12- relate to Article XV; Section 13 – relate to Art. XIV, Sec. 19 Section 14- relate to Article XIII, Sec. 14; Sec. 15- relate to Art. XIII, Sec. 11-13 Section 17- relate to Article XIV, Sec. 1-5; 6-19 Section 18- relate to Article XIII, Sec. 3; Section 19-20- relate to Article XII Section 21- relate to Article XIII, Section 4-8; Section 22- relate to Article XIII, Sec. 17 Section 23- relate to Article XIII, Section 15-16 Section 27-28- relate to Article XI- Civil Service Readings: Nachura, pages 17-30; 47-61 Legislative Department A. Who may exercise legislative power 1. Congress 2. Regional/Local legislative power 3. People’s 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
Rules of Succession Readings: Nachura. Privileges. Power of appointment a) In general b) Commission on Appointments confirmation c) Midnight appointments d) Power of removal 3. Residual powers 11. Delegated powers 9. pages 219-236 July 4 Judicial Department (Article VIII)
A. pages 193-209 June 20 G. Powers Readings: Nachura. Veto powers 10. Discipline of members F. Power of control and supervision a) Doctrine of qualified political agency b) Executive departments and offices c) Local government units 4. inhibitions and disqualifications D. Military powers 5. Powers of Congress 1. appropriations and tariff measures (ii) Presidential veto and Congressional override 2. Nature 2. Electoral tribunals and the Commission on Appointments 1. Powers relative to appropriation measures 8. Executive privilege C.2. House of Representatives a) District representatives and questions of apportionment b) Party-list system C. Powers 1. Diplomatic power 7. Non-legislative a) Informing function b) Power of impeachment c) Other non-legislative powers Readings: Nachura. inhibitions and disqualifications 1. Executive and administrative powers in general 2. Presidential immunity 2. pages 209-218 Executive Department A. Concepts 1. Legislative privileges. Presidential privilege B. Pardoning power a) Nature and limitations b) Forms of executive clemency 6. Quorum and voting majorities E. Legislative a) Legislative inquiries and the oversight functions b) Bicameral conference committee c) Limitations on legislative power (i) Limitations on revenue. Judicial power
Impeachment 2. Term limits Readings: Nachura. Rendered in the exercise of administrative functions
Readings: Nachura. Ill-gotten wealth 5. Judicial restraint D. authority and certificates for public utilities E. Acquisition. development and utilization of natural resources D. Procedural rule-making 3. pages 250-283 July 11 Accountability of Public Officers 1.A. Ombudsman (Sections 5 to 14. No. resolutions and decisions 1. restraint of trade and unfair competition Amendments Readings: Nachura. Franchises. Practice of professions G. liberty & property
. Private acts and the Bill of Rights C. Monopolies. Original and appellate jurisdiction F. Constitutional safeguards to ensure independence of commissions B. Requisites for valid exercise 3. Judicial review a) Operative fact doctrine b) Moot questions c) Political question doctrine B. Supreme Court 1. ownership and transfer of public and private lands F. Rendered in the exercise of quasi-judicial functions 2. Similarities and differences 4. in relation to R. Due process – the rights to life. Prohibited offices and interests D. Regalian doctrine B. application and limits 2. pages 293-304 July 18 Constitutional Law II A. Article XI of the 1987 Constitution. Organization and regulation of corporations. En banc and division cases 2. Administrative supervision over lower courts 4. Jurisdiction of each constitutional commission E. Sandiganbayan 4. Judicial privilege
Readings: Nachura. eminent domain. Exploration. pages 284-292 National Economy and Patrimony A.") a) Functions b) Judicial review in administrative proceedings c) Judicial review in penal proceedings 3. private and public H. Delegation B. taxation) 1. Appointments to the Judiciary E.2. Concept. Review of final orders. Nationalist and citizenship requirement provisions C. 237-249 Constitutional Commissions
A. 6770 or otherwise known as "The Ombudsman Act of 1989. Powers and functions of each commission C. Fundamental powers of the state (police power. Safeguards of Judicial independence C. pages.
Freedom of religion 1. Tests 5. Concept 2. Procedural and substantive due process 3. Constitutional and statutory due process 4. Judicial standards of review 6. Warrant requirement a) Requisites 3. pages 62-104 July 25 Bill of Rights Continued G. Freedom of expression 1. Privacy of communications and correspondence 1. Equal protection 1. Warrantless searches 4. Drug. Administrative arrests 6.1. Requisites for valid classification 3. Private vs. government speech 8. Free exercise clause 3. Warrantless arrests 5. Concept 2. when allowed 3. Non-establishment clause a) Concept and basis b) Acts permitted and not permitted by the clause c) Test 2. Intrusion. Relativity of due process 2. Content-based and content-neutral regulations a) Tests b) Applications 3. Private and public communications 2. Hierarchy of rights 5. Liberty of abode and freedom of movement
. State regulation of different types of mass media 6. Searches and seizures 1. alcohol and blood tests F. Standards of judicial review a) Rational Basis Test b) Strict Scrutiny Test c) Intermediate Scrutiny Test E. Concept and scope a) Prior restraint (censorship) b) Subsequent punishment 2. Facial challenges and the overbreadth doctrine 4. Heckler’s veto H. Commercial speech 7. Tests a) Clear and Present Danger Test b) Compelling State Interest Test c) Conscientious Objector Test I. Void-for-vagueness doctrine D. Writ of habeas data Readings: Nachura.
Concept 2. Presumption of innocence 4. Publication of laws and regulations 3. Legal assistance and free access to courts Readings: Nachura 105 . Right of association L. Requisites 3. and Kalikasan Readings: pages 126-164 August 8 Bill of Rights Continued S. Limitations 2.1. Application
. Scope and coverage a) Foreign laws 2. Assistance of counsel 6. Rights of suspects 1. Expansive concept of “public use” 3. Right to information relative to: a) Government contract negotiations b) Diplomatic negotiations K. Writ of habeas corpus R. Right to travel a) Watch-list and hold departure orders 3. Trials in absentia Q. Compulsory process 10. Return to one’s county J. Limitations 2. Right of confrontation 9. Habeas Data. Abandonment of intended use and right of repurchase 5. Access to court records 4. Waiver P.126 August 1 Bill of Rights Continued O. Self-incrimination clause 1. Criminal due process 2. Rights of the accused 1. impartial and public trial 8. Right to be informed 7. Bail 3. Right to speedy. Writs of Amparo. Availability 2. Contract clause 1. Eminent domain 1. Just compensation a) Determination b) Effect of delay 4. Contemporary application of the contract clause N. Miscellaneous application M. Right to be heard 5. Right to information 1.
Fact-finding. Quasi-legislative (rule making) power a) Kinds of administrative rules and regulations b) Requisites for validity 2. Double jeopardy 1. investigative. licensing and rate-fixing powers D. Doctrine of exhaustion of administrative remedies 3. pages 325-334 September 2 Law of Public Officers
. Natural-born citizens and public office Readings: Nachura. Dual citizenship and dual allegiance E. Definition 2. Requisites 2. General principles B. Doctrine of primary administrative jurisdiction 2. pages 325-334 August 26 Administrative Law Conclusion 3. Manner of creation 3. Excessive fines and cruel and inhuman punishments V. Dismissal with consent of accused X. Powers of administrative agencies 1. licensing and rate-fixing powers D. Non-imprisonment for debts W. Fact-finding. Doctrine of finality of administrative action Readings: Nachura. Quasi-judicial (adjudicatory) power a) Administrative due process b) Administrative appeal and review c) Administrative res judicata 3. investigative. Doctrine of exhaustion of administrative remedies 3. Judicial recourse and review 1. Immunity statutes T. Administrative agencies 1. Who are Filipino citizens B. Kinds C.3. Motions for reconsideration and appeals 3. Involuntary servitude and political prisoners U. Loss and re-acquisition of Philippine citizenship F. Naturalization and denaturalization D. Modes of acquiring citizenship C. pages 179-192 August 12 MIDTERM EXAMINATIONS August 19 Administrative Law A. Doctrine of primary administrative jurisdiction 2. 164 -178 Citizenship A. Ex post facto laws and bills of attainder Readings: Nachura. Doctrine of finality of administrative action Readings: Nachura. Judicial recourse and review 1.
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. Immunity of public officers J. reinstatement and back salaries I. Prohibited contributions 3. Campaign 1. Powers I. Rights of public officers H. Qualifications of candidates 2. General principles B. Termination of official relation Readings: Nachura.414 September 16 Election Laws A. Immunity of public officers J. Powers and duties of public officers G. pages 355-373 September 9 Law of Public Officers Continued G. Registration of voters D. Disabilities and inhibitions of public officers F. Illegal dismissal. Liabilities of public officers 1. Limitations on expenses 5. Preventive suspension and back salaries 2. Rights of public officers H. Preventive suspension and back salaries 2. Liabilities of public officers 1. Political parties 1. Composition 2. Jurisdiction of the COMELEC over political parties 2. Registration F. Board of Election Inspectors and Board of Canvassers 1. Eligibility and qualification requirements E. Modes of acquiring title to public office C. Petition not to give due course to or cancel a certificate of candidacy 2. Illegal dismissal. Modes and kinds of appointment D. reinstatement and back salaries I. pages 374. Inclusion and exclusion proceedings E. Lawful and prohibited election propaganda 4. Candidacy 1. Qualification and disqualification of voters C.A. De facto officers K. Suffrage B. De facto officers K. Termination of official relation Readings: Nachura. Remedies and jurisdiction in election law 1. Petition for disqualification
. Premature campaigning 2. Statement of contributions and expenses H.
Concept a) Distinguished from government-owned or controlled corporations 2.435
September 23 Election Laws Continued G. Petition for disqualification 3. Remedies and jurisdiction in election law 1. pages 415. Police power (general welfare clause) 2. Election protest 6. division. Pre-proclamation controversy 5. pages 467-500 October 7 Local Government continued 6. Composition 2. Election protest 6. Prosecution of election offenses Readings: Nachura. Elements 2.3. Premature campaigning 2. Prosecution of election offenses Readings: Nachura. Pre-proclamation controversy 5. Nature and functions 3. Campaign 1. merger or dissolution C. Eminent domain 3. Requisites for creation. pages 436-466 September 30 Local Government A. Corporate powers a) To sue and be sued b) To acquire and sell property
. Board of Election Inspectors and Board of Canvassers 1. Limitations on expenses 5. Quo warranto J. Prohibited contributions 3. Lawful and prohibited election propaganda 4. Public corporations 1. Classifications a) Quasi-corporations b) Municipal corporations B. Petition to declare failure of elections 4. Petition to declare failure of elections 4. Principles of local autonomy D. Petition not to give due course to or cancel a certificate of candidacy 2. conversion. Municipal corporations 1. Closure and opening of roads 5. Powers I. Quo warranto J. Statement of contributions and expenses H. Taxing power 4. Legislative power a) Requisites for valid ordinance b) Local initiative and referendum Readings: Nachura. Powers of local government units (LGUs) 1.
Passive personality principle 6. Categories of armed conflicts a) International armed conflicts b) Internal or non-international armed conflict
. International Covenant on Civil and Political Rights 3. Liability of LGUs 8. Vienna Convention on the Law of Treaties H. Concepts 1. Nationality principle and statelessness 3. Extradition a) Fundamental principles b) Procedure c) Distinguished from deportation K. Social and Cultural Rights L. International Covenant on Economic. Nationality and statelessness 1. Individuals E. International organizations 3. Concept of ex aequo et bono B. Territoriality principle 2. Universality principle 5. Sources D. Jus cogens 3. States 2. Treaties G. Treatment of aliens 1. Conflicts of jurisdiction J. State responsibility 1. International Human Rights Law 1. 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. pages 501-527 October 14 Public International Law A. Diplomatic and consular law F. Term limits Readings: Nachura. Jurisdiction of States 1. Universal Declaration of Human Rights 2. International and national law C. Obligations erga omnes 2. Protective principle 4.c) To enter into contracts (i) Requisites (ii) Ultra vires contracts 7. Succession of elective officials 10. Subjects 1. Recall 12. Settlement of boundary disputes 9. International Humanitarian Law and neutrality 1. Doctrine of state responsibility I.
c) War of national liberation 2. pages 529-602 October 21 FINAL EXAMINATIONS
. Law of the sea 1. Internal waters 4. Law on neutrality M. Principle 21 of the Stockholm Declaration P. International economic law Readings: Nachura. Archipelagic states a) Straight archipelagic baselines b) Archipelagic waters c) Archipelagic sea lanes passage 3. Exclusive economic zone 6. Territorial sea 5. Core international obligations of states in International Humanitarian Law 3. Continental shelf a) Extended continental shelf 7. International environment law 1. International Tribunal for the Law of the Sea N. Baselines 2. Madrid Protocol and the Paris Convention for the Protection of Industrial Property O. Principles of International Humanitarian Law a) Treatment of civilians b) Prisoners of war 4.