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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?
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 is the power of the Supreme Court with respect to such suspension or declaration? 54. What are the categories of officials who are subject to the appointing power of the President? 46. what are the limitations on the powers of the President to declare martial law? 57. In summary. What are the qualifications to be elected President? 41. For what duration may the President suspend the writ of habeas corpus or declare martial law? 51. When may the President exercise his calling out powers as Commander in Chief of the armed forces? 49. Article VIII. Give a constitutionally provided power of the Vice President. 43. Give the instances when the Vice President shall serve as President. exercise of profession and pursuit of business? 48. State the prohibition on the President. 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. What are the limitations on the President’s power to contract or guarantee loans? 59. other than the President? 47. How does the Constitution prevent nepotism by the President in the exercise of his appointing powers? 45. What are the limitations to the suspension of the writ by the President? 56. What is the power of Congress with respect to such suspension or declaration? 53. Members of the Cabinet and their deputies with respect to the holding of other offices. Briefly state the pardoning power of the President? 58. Who else may have the power to appoint. In summary. In whom is executive power vested? 40. 44.3|Page 39. What is required for a treaty or international agreement entered into by the President to be valid? 60. Vice President. enumerate and briefly explain the powers of the President. The Judicial Department . Who has the responsibility for the canvassing of the election returns for President and Vice President? 42. What is the duty of the President after such suspension or declaration? 52.
4|Page 61. What are the Constitutional Commissions? 76. What are the safeguards to ensure the independence of constitutional commissions? 77. What is the power of Congress with respect to jurisdiction of courts? 65. Give the safeguards embodied in the Constitution to ensure the independence of the judiciary Article VI. What are the limitations on the power of Congress to make appropriations for the judiciary? 64. Do government employees have the right to form unions? Why? . State the rule-making power of the Supreme Court 68. Constitutional Commissions 75. What is the function of the Judicial and Bar Council? 70. What are the ways by which Congress can “check” the exercise of power by the Judiciary. 73. 72. What are covered by the civil service? 79. Briefly explain each. What are the ways by which the President can “check” the exercise of power by the Judiciary? Briefly explain. 74. In whom is judicial power vested? 62. What are the ways by which Congress can “check” the exercise of power by the President? Briefly explain each. ARTICLE VIII. What is judicial power under the 1987 Constitution? 63. What are the ways by which the President can “check” the exercise of power by Congress. Briefly explain. Separation of Powers/Checks & Balances 71. What are the powers of the Supreme Court? 67. ARTICLE VII. What are the powers of the Civil Service Commission? 78. Article IX. What are the criteria for appointments in the civil service? 80. What is the constitutional requirement for decisions rendered by the courts? 69. What is the limitation on the power of Congress to reorganize the judiciary? 66. What are the only valid causes for removal or suspension of employees or officers in the civil service? 81.
How is the process of impeachment initiated? 105. Which of these categories required confirmation by the Commission on Appointments? 102. Legislative or Judicial branches? 93. What is the prohibition on elective officials with respect to their appointment to other public offices? 84. How may the Civil Service Commission check the exercise of power by the Executive. or abolition of a province. Local Government 94. What is the prohibition on appointment of losing election candidates? 83.5|Page 82. What is the basic character of a public office? What does this . What are the grounds for impeachment? 104. merger. What is the requirement for the creation. or media of communications? 89. What are the powers of the Commission on Audit? 90. What is the rule on double compensation? 86. 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 may the Commission on Audit check the exercise of power by the Executive. 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 territorial and political subdivisions of the Philippines? 95. mean? 101. Legislative or Judicial branches? Article X. What are the powers of the Commission on Audit? 87. What is the role of the President with respect to local governments? 97. What is the most basic right of local governments? 96. What is the extent of the taxing power of local governments? 98. What is the prohibition on appointive officials with respect to holding any other office in government? What are the exceptions? 85. Outline the entire impeachment process. fees and charges accrue? 99. What matters are within the exclusive original jurisdiction of the Commission on Elections? 88. division. Who may be removed from office by impeachment? 103. Accountability of Public Officers 100. To whom should these local taxes. municipality or barangay? Article XI. city. What is the prohibition on the grant of exemption from the jurisdiction of COA? 92.
restraint of trade and unfair competition? Article XIII. Arts.6|Page 106. State the rule on the exploration. How may the State regulate the formation of private corporations? 117. Social Justice and Human Rights 118. Who are allowed to own educational institutions? 122. State the limitations on the grant of franchise for the operation of a public utility. Education. Culture and Sports 119. General Provisions 125. development and utilization of natural resources? 110. State the rule of preference on the grant of rights. What is the primary function of the Commission on Human Rights? Article XIV. What is the obligation of the State with respect to the maintenance of a free public education system? 120. What are the limitations in incurring foreign loans? 115. 107. National Economy & Patrimony 108. 109. State the Regalian Doctrine under the 1987 Constitution. 113. State the Filipino First policy. When is a public officer considered impeached? What is the extent of judgments in cases of impeachment? Article XII. 111. What is academic freedom? Article XVI. What are the prohibitions on members of the military with respect to appointment to other public office? . Science and Technology. 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. What are the prohibitions on members of the military with respect to elections? 127. Who are allowed to control and administer educational institutions? 123. When may the State temporarily take over a privately owned public utility or business affected with public interest? 114. What is the rule on the practice of profession? 116. What is the policy of the State with respect to monopolies. State the prohibition on the establishment of schools for aliens? 124. privileges and concessions covering the national economy and patrimony. 112.
What are the prohibitions on the ownership and management of persons or corporation in the advertising industry? Article XVII. 2. or facilities to be allowed in the Philippines? FOR MASTERY OF POLITICAL LAW CONCEPTS. differentiate or enumerate. 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. 6. What are the limitations in the ownership of mass media? 129. 10. 132. 4. 133. 8. PRINCIPLES & DOCTRINES Define. Constitution defined Parts of a written constitution Doctrine of constitutional supremacy Self-executing and non-self-executing provisions of the Constitution . 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. 5. 3. troops. What are the requirements for foreign military bases. briefly explain. 12. Transitory Provisions 134.7|Page 128. 7. 131. 11. POLITICAL LAW INTRODUCTION 1. Amendments and Revisions 130.
Who are citizens of the Philippines under the 1987 Constitution? 19. May amendments to the Constitution be proposed directly by the people through an initiative petition? Why? 16. What are the two essential elements for a petition to be considered valid under Sec. How citizenship is retained or reacquired under Republic Act 9225 31. How is Philippine citizenship acquired? 23. Requirement to run for public office for those who reacquire citizenship under Republic Act 9225 34. How is citizenship lost? 27. Effects of citizenship reacquisition under Republic Act 9225 32. Judicial vs. Repatriation 35. What is repatriation? 30. What is the difference between amendment and revision of the Constitution? 15. Dual citizenship National Territory 36.8|Page 13. Administrative naturalization 26. Dual allegiance vs. Article XVII of the Constitution on amendments directly proposed by the people through initiative? How can these elements be met? 14. Election of citizenship 24. Naturalization 25. Naturalization v. Rights of those who reacquire their citizenship under Republic Act 9225 33. Who are citizens of the Philippines at the time of the adoption of the 1973 Constitution? 21. Who are citizens of the Philippines at the time of the adoption of the 1987 Constitution? 20. How is citizenship reacquired? 29. Effective renunciation of citizenship 28. May the people directly propose amendments to the Constitution through the system of initiative? Why? Citizenship 18. 2. Who are citizens of the Philippines at the time of the adoption of the 1935 Constitution? 22. Is the system of initiative on the Constitution under the Constitution self-executory? Why? 17. Archipelagic doctrine .
Implied consented to be sued 50. 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. Meaning of State immunity from suit 43. 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. How is the principle of People Power reflected in the 1987 Constitution? 56. Liability 52. 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. May the courts issue writs of execution against the government? Why? 54. 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. What are the territories included in “all other territories over which the Philippines has sovereignty or jurisdiction”? State immunity from suit 42. Examples of express consent to be sued 49. What is the so-called baseline method? 40. How state consent to be sued is given 48. Civilian supremacy over the military . Suability vs. Consent to be sued vs. Theoretical and practical basis of the doctrine 44. What are the specific islands or territories included in the phrase “Philippine archipelago”? 38.9|Page 37. consent to execution 53. Republicanism 57. What suits are considered a suit against a state 45. Does the Philippines conform to the archipelagic concept under the UN Convention on the Law of the Sea? 41.
EDSA People Power II 87. Doctrine of transcendental importance lis mota 78. legislator. Examples of political questions based on jurisprudence 86. Blending of powers 67. Judicial restraint 82. What are the exceptions to the principle of separation of Church and State under the 1987 Constitution? 62. Power of judicial review in general 69. Can courts pass upon the wisdom and soundness of an executive decision? Why not? 85. EDSA People Power I v. Intergenerational responsibility 64.10 | P a g e 58. What is the reason behind the lis mota requirement? 81. Direct injury test 76. voter or citizen have locus standi? 75. Requisites for judicial review 70. Separation of Powers 66. May the unborn have standing to sue in court? Why? 77. What is the meaning of “ripeness” requirement in the exercise of judicial review 72. When does a taxpayer. Protection for the life of the unborn 63. Meaning of lis mota requirement 80. Meaning of social justice Structure of Government in General 65. Judicial Supremacy 68. Does the deployment of the military for civilian law enforcement necessarily constitute a violation of the civilian supremacy clause? Why? 59. Locus standi 74. How is the principle of separation of Church and State ensured under the 1987 Constitution? 61. Status of an unconstitutional law 88. Doctrine of operative fact . May the courts supplant the executive? Why? 84. Meaning of earliest opportunity 79. Generally accepted principles of international law 60. Moot and academic principle 73. Political questions 83. What is the “case or controversy” requirement in the exercise of judicial review? 71.
In whom is legislative power vested? 91. Legislative power 114. Parameters of Philippine-style party list elections 98. Question hour 116. What is the remedy of Congress in case the President refuses to allow members of the military to appear before Congressional inquiries? 118. Validity of legislative veto 108. Privilege of Speech or Debate 101. Amendment by Substitution 106. May Congress empower itself to approve the implementing rules of a law. Basis and concept of congressional oversight 107. Qualification of Party List Nominees 97. Limitation on legislative power: Passage of irrepealable laws 92. Power of inquiry 112. What are the alternatives for Congress’ Bicameral Conference Committee in terms of harmonizing bills from both Houses? 105. What are the two basic steps required before a bill becomes a law? 110. What are the limitations to the power of Congress to conduct legislative inquires? 115. 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. How party list seats are to be filled up 99.11 | P a g e The Legislative Branch 89. When is a speech or debate of a Member of Congress considered privileged? 102. 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. Power of inquiry v. Limitation on legislative power: non-delegation 93. Delegation of legislative power: Requisites for validity 94. Composition of the House of Representatives 95. Privilege from Arrest 103. What power is included in the power of inquiry? 113. Does the House of Representatives on its own validly exercise legislative power? 109. Inquiry in aid of legislation v. Legislative power 90. May Congress impose additional qualifications for membership in Congress? Why? 100. Enrolled Bill doctrine . after a law has already taken effect? Why? 111. What are the guidelines for screening party-list participants? 96.
what is the limit to the power of Congress? 127. Executive power 130. May courts of law review a budget passed by Congress to determine if such budget is reasonable or sufficient? Why? 125. Power of control v. What is the difference between a disapproved and a by-passed ad interim appointment? 146. Rider 122. Evidentiary value of journals 120. Germaneness test 123. What laws must be published first as a condition for their effectivity? The Executive Branch 129. In whom may Congress vest the power to appoint lower ranked officers? 141. Doctrine of qualified political agency 138. Midnight appointments . Nepotism rule 134. Is the President’s power to appoint subject to legislative limitations? 142. even before or without previous publication? Why? 128. Power of appointment 140. Presidential privileges 133. What is the extent of the President’s power of control? 136. Acting appointment 144. Veto of a provision v. Power of control 135. Power of the Supreme Court to invalidate acts of non-compliance to internal rules of Congress 121. In prescribing qualifications for Presidential appointees.12 | P a g e 119. Unitary Executive 131. Can Congress make a law effective immediately upon approval. Legal bases of the power of the president to reorganize the Executive branch 139. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the President? Why? 143. veto of an item 124. Power of supervision 137. Ad interim appointment v. What is the power of Congress with respect in relation to the power of the President to appoint? 126. Presidential immunity 132. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment? 145.
Explain the nature of the act of ratification of a treaty. Exercise of emergency powers 165. The President’s Ordinance power 157. Does the President have the power to restrict the mobility of members of the Armed Forces? Why? 153. Powers of the President as Command-in-Chief 150. What is the constitutional and statutory basis of the power of the President to reorganize the executive departments. Presidential communications privilege 178. May the President’s borrowing power be exercised by his or her alter ego. Power of general supervision over local governments 158. Veto power 155. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why? 172.13 | P a g e 147. Who is the sole organ of the State in external relations? 161. Distinguish the power of the President to veto a bill and his power to veto a particular item in an appropriation bill 156. Scope of presidential immunity from suit 175. Executive privilege 176. Please explain the power of the president to “keep the peace”? 173. bureaus and offices? 169. Presidential immunity from suit 174. Varieties of executive privilege 177. Limitations on the power of removal 149. 163. Does the President have the power to restrict the speech of members of the Armed Forces? Why? 152. Doctrine of “operational proximity” . 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. Is the exercise of judicial review meant to supplant the Executive? 168. Treaty-making power of the President 162. Residual powers 171. 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? 170. What is the extent of the President’s power to reorganize executive departments. the Secretary of Finance? Why? 167. Power of removal 148. What is the limitation to this power? 164. What is the extent of the power of the President as commander-inchief of the Armed Forces of the Philippines? 151. President’s power to investigate and discipline local government officials 160. Supervision defined 159. Power of the President to declare a national emergency vs.
203. How should the Congress overturn this presumption? 194.14 | P a g e 179. How should the claim of executive privilege be invoked? 184. What should be given to officials summoned by Congress on matter which might covered by executive privilege? 190. 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 . 181. May the President require that all executive officials to seek prior consent before attending a legislative inquiry? 189. What are required of the Congressional committee conducting a legislative inquiry when inviting a person to appear before it? 185. The Judiciary 199. What must be shown to overcome this privilege? 182. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials? Why? 186. What is the character of the diplomatic negotiations privilege? 197. How can the presumption of the privileged character of diplomatic negotiations be overcome? 198. 202. What are the elements of the so-called presidential communications privilege? 180. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why? 187. 201. What are the different forms of executive clemency? Briefly explain each. Who has the power to invoke executive privilege? 188. 200. What is the nature of the power of the President to enter into executive agreements or to secure foreign loans? 192. Is executive privilege a bar to the possible disclosure of crime or wrongdoing? 183. Who are the officers covered by the doctrine of “operation proximity?” 193. Is the final text of an international agreement privileged? Why? 195. Are the offers exchanged by the parties during the negotiations toward an international agreement privileged? Why? 196. Are communications within the executive privilege absolutely protected by the Constitution? Explain. What is the presumption with respect to presidential communications? 191.
What should be given to entities vested with “fiscal autonomy” in terms of their appropriations? 206. police power Eminent domain vs. Decision-making process in the Supreme Court FUNDAMENTAL POWERS OF THE STATE Police power 212. 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. Administrative supervision of the Supreme Court 208. 229. 217. 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 . 222. 230. 225. 232. 219. Is a revenue shortfall a valid justification to withhold the release of funds of these Constitutional bodies? 207. 216. 220. 214. 233. 221. 215. Police power defined Police power v. 223. 227. 213. 228. 231. Eminent domain defined Eminent domain vs. Rule-making power of the Supreme Court 209. 224. Why rule-making is now an exclusive power of the Supreme Court 210. Automatic release of appropriations defined 205. Power of the Supreme Court to control the execution of its decision as an essential aspect of jurisdiction 211.15 | P a g e 204. 226.
241. 249. political rights Due Process 237. 246. 254. 243.16 | P a g e THE BILL OF RIGHTS 234. Meaning of equal protection clause Valid and invalid classifications Requirements for a valid classifications Standards of review Privacy of Communication 260. 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. 247. 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. 252. 239. 258. 251. 248. State action doctrine Hierarchy of rights Civil rights v. 257. 235. 240. There 242. 238. 250. 244. 245. Types of communication protected by the right to privacy of communication and correspondence: Is it a protection against illegal wiretaps? . 259. 236. 253. 255.
278. apply? 290. 275. 279. 271. 273. 270. 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. 274.17 | P a g e 261. 269. 291. How does the Writ of Habeas Data ensure protection of the privacy of communication? Freedom of Speech. What are the conditions for permissible intrusion into the privacy of communication and correspondence? 262. 277. 288. 283. 268. 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. Expression and of the Press 263. 264. 281. 285. 289. 280. 286. Liberty of abode Right to travel Right to return to one’s country Unlawful Searches & Seizures 287. 276. 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 . When is there a government or state action? In general. 282. 266. 265. 267.
Exclusionary rule in relation to violation of Miranda rights . Valid instances of warrantless arrests 309. Terry search. Requirements for a valid consented search 300. What is the basic requirement in all valid warrantless searches? 305. Requirements for a valid hot pursuit arrest 313. Do mandatory drug. Legality of drug. May these rights be invoked in administrative investigations? 320. Overt act requirement 312. State the rule on extra-judicial confessions 322. State the Supreme Court’s guidelines on Miranda rights as expressed in the case of People v. Are these rights available during a police line up? 319. How may these rights be waived? 325. What are the consequences of an unlawful search or seizure? 306. When may a warrantless search be deemed valid? 295. Meaning of probable cause for a valid warrantless arrest 310. Limitations on a search incident to a lawful arrest 297. Requirements for seizure of evidence in plain view 299. Requirements for a valid Terry search 302.18 | P a g e 292. Fruit of the poisonous tree doctrine 308. What are the Constitutional rights or Miranda rights of persons under investigation for the commission of an offense? 316. Meaning of right to be informed 323. What are the requirements for a valid arrest warrant? 294. Are warrantless searches pursuant to routine airport security procedure valid? 303. 301. Mahinay 321. alcohol and blood tests Rights of persons under investigation 315. Administrative arrest 314. What does custodial investigation mean? 318. Probable cause 296. Requirements for a valid search of a moving motor vehicle 298. Meaning of right to counsel 324. What are the requisites for a valid waiver? 326. alcohol and blood tests violate the right against unreasonable searches? Explain 304. Requirements for a valid in flagrante arrest 311. What are the requirements for a valid search warrant? 293. At what point will these rights become available to a person? 317. Exclusionary rule 307.
What does the Free-exercise clause mean? 334. Which one is absolute? 336. presumption of innocence 348. Delay in the resolution of a case as a violation of due process 345. What are the steps to be followed to apply this test? Rights of the accused under Section 14 342. Article II of the Constitution? 343. What is the belief-action test? 337. What does the Non-establishment clause mean? 328. What are the two basic aspects of religious freedom? 335. May the accused waive his right to counsel during trial? 351.19 | P a g e Freedom of religion 327. What is the sole valid justification for a prior restraint or limitation on religious freedom? 340. What kind of protection is accorded to religious speech and expressive religious conduct? 338. What is the compelling state interest test from a benevolent neutrality stance? 341. What are the requirements for religion to be taught in public elementary and high schools? 331. What kind of protection is given to religious conduct? 339. Essential requirements of criminal due process 344. Meaning of right of the accused to be informed of the nature and cause of the accusation against him . Equipoise rule 349. Benevolent accomodation or neutrality test 333. Is the right of the accused to choose his own counsel during trial absolute? 352. Presumption of regularity of performance of official duty vs. When is negligence of counsel considering denial of right to be heard? 353. The right of the State to due process 346. State the provisions in the Constitution that allow State support or entanglement with religion? 330. What are the provisions in the Constitution that support the Nonestablishment clause? 329. Presumption of innocence 347. What are the rights of the accused under Section 14. What is the so-called Lemon Test? 332. Right to be heard by himself and counsel 350.
20 | P a g e 354. When bail is discretionary. When is a hearing bail is discretionary. Trial in absentia 367. Can the accused waive his right to counsel during trial? 358. 381. what are the things that a judge must do? 375. What must it do to discharge this burden? 378. Meaning of right to meet witness face to face 363. Actual cross-examination vs. When is bail a matter of discretion? 371. Is the hearing for the application for bail mandatory? 374. opportunity to cross-examine 364. Legal assistance & access to courts 380. When is bail a matter of right? 370. What are the requirements of this right? 355. What is the limitation on the power of the court to set bail? 379. Meaning of public trial 362. May the accused be convicted of a crime for which he was not charged? Briefly explain? 357. When is the presence of the accused mandatory? Right to bail 368. Meaning of right to compulsory process 365. What must be alleged in the criminal information? 356. What are the requisites for compelling the attendance of witnesses or production of evidence in behalf of the accused? 366. Who is entitled to bail? 369. Meaning of impartial trial 361. After receiving an application for bail. Can the accused waive his right to be informed of the nature and cause of the accusation against him? 359. Free legal assistance Free access to courts Right to information . what is mandatory 376. Does a prospective extradite have the right to bail? Is the right to bail limited to criminal proceedings? Briefly explain. Does a person under detention but not yet formally charged have a right to bail? 373. Meaning of speedy trial 360. what is the burden of the prosecution? 377. Does a person who is not under detention have a right to bail? 372.
What are the limitations on the people’s right to information? 383. The right of the accused and the power of the court to control its proceedings to ensure a fair trial vs. 401. 386. The right of the people to public information. 387. 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 . 390. 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. 394. 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. papers and chattels that may be used against him? 396. May the accused be compelled to produce a specimen of his handwriting that will be used against him? Right against involuntary servitude 397. valid? Prohibited punishments 398. writ of habeas data Right against self-incrimination 391. May the accused be compelled to produce documents. 388. writ of amparo Writ of habeas corpus v. When is a punishment cruel or unusual? The right against double jeopardy 400.21 | P a g e 382. 385. Article III of the Constitution? 399. What kinds of punishments are prohibited under Section 10. 389. 402. writ of habeas data Writ of amparo v. 393. 392.
What are the modes and kinds of appointment? 413. reinstatement and back salaries 420. Sandiganbayan 431. 406. 409. What are the liabilities of public officers? 417. 434. What are the powers and duties of public officers in general? 416. De facto officers 422. Termination of Official Relation 423. 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. 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 modes of acquiring title to public office? 412. Powers of the Ombudsman 428. What are the disabilities and inhibitions of specific public officers? 415. 435. Criterion for appointment and mode of selection 425. 404. 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. Accountability public officers 426. 436. Preventive suspension and back salaries 419. Scope of civil service 424. What are the eligigility and qualification requirements for specific public offices? 414. Ill-Gotten Wealth 432. What ar the rights of public officers 418. 407. Immunity of public officers 421. 410. Impeachment 427. Illegal dismissal. Judicial review in Ombudsman proceedings 429.22 | P a g e 403. Judicial Review of Ombudsman resolutions 430. Term Limits ADMINISTRATIVE LAW 433. 408.
461. licensing and rate-fixing powers of administrative agencies 444. 458. Meaning and requirement of administrative due process\ 441. 459. Power of administrative agencies to cite for contempt: when and when not available PUBLIC OFFICERS 451. remedies or modes of review of the exercise of quasi-judicial powers of an administrative agency? 446. Administrative appeal and review 442. 454. Exceptions to the doctrine of exhaustion 449. 457. Explain the fact-finding. Administrative res judicata 443. Qualification of individual candidates Residency. Powers of the Commission on Elections The role of the armed forces .23 | P a g e 437. investigative. 463. Doctrine of primary administrative jurisdiction 447. Doctrine of exhaustion of administrative remedies 448. Doctrine of finality of administrative action 450. What are the judicial recourses. 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. Quasi-judicial (Adjudicatory) power 440. Requisites for validity 438. remedies or modes of review of the exercise of quasi-legislative powers of an administrative agency? 445. Meaning of suffrage Who may elect 452. Voters 453. 460. 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. What are the judicial recourses. Publication: when and when not required 439.
Petition Not to Give Due Course to Certificate of Candidacy: When can it be filed and on what ground/s 477. Petition to Declare Failure of Elections: When can it be filed and on what ground/s 478. 472. 466.24 | P a g e 464. Election protest v. 468. Concept of public corporations . Who may prosecute for election cffenses 483. Election Protest: When can it be filed and on what ground/s 480. 475. Prohibited Contributions Role of the Board of Canvassers Remedies in election law 476. quo warranto 482. 467. Pre-Proclamation Controversy: When can it be filed and on what ground/s 479. 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. is it illegal? Briefly explain. Outline the jurisdiction of various courts/tribunals in election controversies LOCAL GOVERNMENTS 484. 469. 473. 474. Quo Warranto: When can it be filed and on what ground/s 481. 470. The role of the media The electoral process 465. 471.
487. 504. 512. Conversion. 509. 502.25 | P a g e 485. Division. Meaning of international law Obligations Erga Omnes Jus Cogens . 488. 499. 505. TECHNOLOGY. ARTS. 490. 518. SCIENCE. 514. 491. 496. Corporations 486. 498. CULTURE AND SPORTS 513. 494. 511. 507. Meaning of Regalian Doctrine Filipino first policy Meaning of academic freedom PUBLIC INTERNATIONAL LAW 516. 492. 510. 500. 503. 515. 493. 506. 495. 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. 508. 489. 517. 501. Government-Owned or Controlled Classifications of public corporations Elements of municipal corporations Nature and function of municipal corporations Requisites for Creation. Public corporations v. 497.
Role and function of the General Assembly. Extradition.26 | P a g e 519. fundamental principles and procedure 532. deportation 533. Core International Obligations of States in International Humanitarian Law 539. Diplomatic and consular law in general 527. Treatment of Aliens 531. What are internal waters? 547. Concept of Aeguo Et Bono 520. War of National Liberation 538. Extradition v. Universal Declaration of Human Rights 534. United Nations Convention on the Law of the Sea 544. What are the immunities enjoyed by diplomatic agents? 528. What is the exclusive economic zone? 551. What are the rights of a state with respect to its exclusive economic zone? 552. Treatment of Civilians 540. What is the extended continental shelf? . International Armed Conflicts 536. Social and Cultural Rights (ICESCR) 535. Law of the Sea in general 543. What are the rights of a state with respect to its continental shelf? 554. What is the territorial sea? 549. International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic. What are the rights of a state with respect to its territorial sea? 550. What is the difference between a treaty and international agreement? 523. What is a continental shelf? 553. Nationality and Statelessness 530. Prisoners of War 541. Who are the subjects of international law? 524. Archipelagic States (1) Straight Archipelagic Baselines (2) Archipelagic Waters (3) Archipelagic Sea Lanes Passage 546. Which should prevail? International law or municipal law? 521. Law on Neutrality 542. Security Council and International Court of Justice 526. Treaties 529. Cardinal principles under the United Nations charter 525. Baselines 545. What are the rights of states with respect to their internal waters? 548. Internal or Non-International Armed Conflict 537. What are the recognized sources of international law? 522.
M. 23 November 2010 Bayan Muna v. April 24. July 16. 19 April 2007 Secretary of National Defense v.R. No. G. No. No. Arroyo. 2010 Carbonnel v.R No. 159618. 11 February 2010. 180906 Rodriguez v. 2011 Social Justice Society v. 180452. No. 2008 Alejano v. 04 September 2008 Lawyers Against Monopoly v. 25 November 2009 Bedol v. G. 182165. Principle 21 of Stockholm Declaration ASSIGNED CASES (selected recent jurisprudence) Biraogo v. Judicial and Bar Council. A. Dibaratun v. Comelec.R. GR No. April 28. What are the rights of a state with respect to its extended continental shelf? 556. 22 February 2010 Penera v.R. Tribunal of the Law of the Sea 557. 19 January 2009 Nicolas-Lewis v. Manalo. Comelec.R. Comelec.R. 13 December 2011 Castillo v. Executive Secretary. Olalia. No. Civil Service Commission. 03 December 2009. of Budget and Management. 15 November 2011. Ng. Senate Committee on Accountability of Public Officers. 179830) Nacu v. 25 March 2008 Neri v. No.R. 186050. 2011 . 559. Romulo. GR Nos. No. 02 July 2010 Quinto v. G. 2012 Petition for Recognition of Exemption of GSIS from Payment of Docket Fees. 02 February 2010 Mitra v. 187689. Comelec. 08-2-01-0 Ang Ladlad LGBT Party v. 18 October 2011 People v. April 8. G. No. 11 July 2002 City of Manila v. G. January 10. 2010 De Castro v. No. Civil Service Commission. Philippine Truth Commission. People. 187752. Laguio Jr. No. G. Arroyo.27 | P a g e 555. No. 384 SCRA 525.R. 04 August 2006 Abdul Gaffar P. Comelec. June 19. G. No.R. No. Pardico.R. 17 March 2010 Neri v. Cabuay.M. 184467 Japzon v. When and how does the Tribunal of the Law of the Sea acquire jurisdiction over a dispute? 558. 25 August 2005 Lumanog v. 07 September 2010 Gov’t of Hong Kong v. G. G. David. 192791 People v. 157870. November 3. Bangcarawan. 01 February 2011 Magallona v. Gonzales.. Commission on Audit. G. Senate Committee. Sec. 15 February 2008 Pollo v. G. G. No. 07 October 2008. G. 07 December 2010 Vinuya v. Comelec. 182555 : September 7. 181881. 2012. 181613. Ermita.R. 2010 Funa v. Commission on Elections.R.R. No. Dangerous Drugs Board. 455 SCRA 308 Chavez v. 187167.R. 25 November 2009 Navia v. International Environment Law: Give at least seven basic principles of international environmental law and briefly explain each. G. 191805 Balao v.R. Cruz. 162230. G. Comelec.
Hand-written digests of all the assigned cases. Grading System: Grades shall be computed on the basis of a student’s performance in the examinations. recitations and hand-written assignment. shall each obtain a score of -1 pts (Negative 1 point). Failure to submit or the submission of an incomplete Personal Reviewer shall lead to an automatic failing grade. depending on his or her performance. 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. Examinations shall be in the MCQ and traditional bar essay formats.28 | P a g e IMPORTANT REMINDERS Written Requirements 1. Recitations will be conducted every session. For each recitation. The handwritten answers to the guide questions and hand-written digests shall serve as your Personal Reviewer. However. Both requirements shall be submitted five (5) days before the final examination. questions for graded recitations shall not be limited to the questions in the guide. . every student must be ready to answer the questions or recite the facts and the law of the case given in the guide. Hand-written answers to all the guide questions. However. those students who are called for recitation but are not present. 2. for whatever the reason. During recitations. All Personal Reviewers shall be returned to each student after the release of the grading sheet. At least eight (8) examinations. will be given. including midterm and final examinations. each student may obtain a score of from 0 to 5 pts.
completeness of answers. at least 30 questions in the guide will be covered in the recitations. Those with Personal Reviewers shall be evaluated on the basis of correctness of answers. After the guide questions are covered.29 | P a g e Each meeting. recitations will cover the assigned cases related to the topics covered by the guide questions. organization and presentation. .
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