POLITICAL LAW SURVEY 2009-2019

by The Bartender
(Not included are topics in MCQ problems and in T or F questions with ≤1% score)

Bill of Rights (79)

Rights of persons under Custodial Investigation (11)
Warrantless Search; Exclusionary rule (9)
Substantive due process, Police power, Public purpose, Reasonable means (8)
Freedom of Religion, free exercise clause, non-establishment clause (8)
Freedom of Speech, Expression and of the Press (6)
Eminent domain, public use, just compensation (6)
Rights against self-incrimination (5)
Double jeopardy (3)
Warrantless arrest (2)
Equal protection clause (2)
Command responsibility in human rights abuses (2)
Liberty of Abode and Right to Travel (2)
Overbreadth Doctrine (2)
Void for vagueness (2)
Right to life
Involuntary Servitude
Levels of scrutiny, equal protection
Right of the accused to be informed of the nature and cause of the accusation against him
Facial challenge, mainly used in free speech cases, not applicable to strictly penal statutes, but
expanded to the regulation of fundamental rights
Hierarchy of Civil Liberties
Freedom from torture
Privacy of Communications and correspondence
Administrative Due Process
Bail
Right to Information

Legislative Dept (37)

Intricacies of legislative inquiry, question hour, executive privilege (7)
Electoral Tribunal jurisdiction- valid proclamation-proper oath-assumption of office (5)
Qualifications (4)
Party-list system (3)
Oversight functions; violation of separation of powers (2)
Voting requirement (2)
Sec. 23- Delegation of emergency powers to the President (2)
Power to Declare State of War
Section 30- limitation on laws increasing the appellate jurisdiction of the SC
Sec. 25(4), Transfer of Appropriations
Sec. 24-25, Limitations on the Power of Congress to enact GAA
Enrolled Bill doctrine
Sec. 26(2) and its exceptions to 3 readings on separate days
Sec. 29(2)- no appropriations to religion
Delegation of legislative power
Sec. 16(3)- power to discipline its members
Period of detention in legislative proceedings
Prohibition to personally appear as counsel
Sec. 12- Notification requirement in case of potential conflict of interest; not total prohibition

Executive Dept (34)

Section 21, treaty ratification and its exceptions; included Sec. 25 Art. XVIII (6)
Section 18, calling out powers (5)
Pardon, Amnesty, etc. (4)
Section 16, appointments and all its nuances (3)
Presidential Immunity (2)
Rules of Succession (2)
Doctrine of Qualified Political Agency/ Alter Ego Doctrine (2)
Sec. 13- Prohibited appointments (2)
Presidential Communication privilege, Deliberative process privilege (2)
Vice-President
Section 4, election process
Sec. 17- Faithful execution clause
Sec. 4- Supreme Court act as PET. Decision of PET not appealable to SC. They are not separate
bodies.
Power to ban aliens from entering the Phils.
Veto powers

Judicial Dept (29)

Exclusive rule-making powers of the SC (6)
Judicial Review, grave abuse of discretion (4)
Locus standi (3)
Writ of Amparo (2)
Fiscal Autonomy (2)
Exclusive power of administrative supervision (2)
Operative fact doctrine
Qualifications
Judicial power, continuing mandamus
Undue delegation of Judicial Powers
Sec. 4(3)- En banc decision reversal
A law or provision of law that was already declared unconstitutional remains as such unless
circumstances have so changed as to warrant a reverse conclusion
Sec. 4(1)- Midnight appointments
Decision not yet issued and filed with the Clerk of Court still subject to change
Confidentiality of judicial deliberations
Judicial Functions limited to the judiciary, not to quasi-judicial agencies. Officers in these
agencies do not enjoy the same benefits that judges enjoy

Public International Law (29)

UNCLOS; Law of the Sea (4)
Diplomatic Immunity/Prosecution of diplomatic agents (4)
Extradition principles (3)
Territoriality principle; exceptions (2)
Law of Treaties (2)
Jus Cogens
Pacta sunt servanda v. Rebus sic stantibus
Act of State
Precautionary Principle
Refugees
Diplomatic and consular law, right of legation
Customary International Law
Sources of International Law
Human Rights-Core international obligation of States (ex. to prevent and punish genocide)
Jurisdiction of ICJ v. ICC
Doctrine of State Responsibility
Retorsion (?)
Concept of Association
Art. 2.4 use of force in relation to Art. 51 Self-defense

Local Governments (22)

3-term limit and all its nuances (4)
Vacancies and Succession (4)
Condonation Doctrine (2)
Sec. 10- plebiscite in the political units directly affected, reapportionment not included (2)
Qualifications of local officials can be set by law
Municipal corporation, conversion
Requirements in creating a new province
Sec. 465 LGC- emergency measures by governor limited in instances of disasters and
calamities; not same as Presidential emergency powers
Settlement of Boundary disputes
Sec. 2 LGC- Reclassification of land requires ordinance
Power to abate nuisance limited to nuisance per se
Recall election
Sec. 56 LGC- Review of ordinances by Sangguniang Panlalawigan
Liability of LGUs

Constitutional Commissions (13)

COMELEC, jurisdiction/power problems (4)
COA (2)
CSC (2)
Term Limit, prohibition on reappointment, promotional appointment, rotational scheme etc. (2)
Appointment to temporary or acting position not allowed
Prohibited office
Automatic and regular release of approved annual appropriations

Law on/Accountability of Public Officers (11)

Impeachment (5)
Power of the Ombudsman (2)
Qualification of Ombudsman not applicable to Deputy Ombudsman
Ombudsman cannot be disbarred during incumbency
SALN
Preventive suspension and back salaries

Election Law (9)

Qualification/disqualification of candidates (3)
Effect of filing candidacy (2)
Remedies (2)
Premature campaigning
Substitution and withdrawal of candidates

Citizenship (9)

Basic Concepts (9)

State Immunity (6)
Declaration of Principles and State Policies (3)
Primary Right of parents to rear the child
Incorporation clause
Right to a balanced and healthful ecology, legal standing

1987 Constitution (8)

Amendments and Revisions (8)

National Territory (4)

RA 9522; UNCLOS has nothing to do with the acquisition or loss of territory (3)
Archipelagic doctrine

National Economy and Patrimony (3)

Sec. 2 (2)
Sec. 11

Administrative Law (2)

Exhaustion of Administrative Remedies
Rule-making power

Education, Science and Technology, Arts, Culture, and Sports (1)

Academic Freedom