SYLLABUS FOR THE 2023 BAR EXAMINATIONS 1.

Derivative and Delegated Power

POLITICAL LAW AND PUBLIC INTERNATIONAL 2. Plenary Character
3. Limitations
LAW (15%) a) Substantive - Bill of RightsPage 2 of 10
NOTE: All Bar candidates should be guided that only laws, rules, issuances, b) Procedural - Manner of Passage and Form of Bills
and 4. Law-Making Distinguished from Law-Execution
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are a) Filling-Up Details
examinable materials within the coverage of the 2023 Bar Examinations. b) Ascertainment of Facts
PART ONE: POLITICAL LAW 5. Exceptions to Non-Delegability
POWERS AND STRUCTURES OF GOVERNMENT a) Local Governments
I. b) Presidential Power in Times of War and National
Preliminary Concepts Emergency, Including Martial Law and in a Revolutionary
A. Nature of a Constitution Context
1. Parts c) Fixing Tariff Rates, Quotas, and Other Duties
2. Manner of Interpretation (Self-Executing and Non-Executing 6. Legislative Power of the People Through Initiative and
Character) Referendum
3. Process of Change (Amendments and Revisions) B. Bicameral Congress
B. The Philippines as a State 1. Senate
1. Elements (People, Territory, Government, and Capacity to Enter 2. House of Representatives
into Relations With Other States) a) District Representatives and Mechanics of Apportionment
2. Distinction Between Internal and External Self-Determination b) Party-List System
C. Fundamental Powers of the State C. Legislative Privileges, Disclosure of Financial and Business Affairs,
1. Police Power Prohibitions, Inhibitions, and Disqualifications
2. Eminent Domain D. Quorum and Voting Majorities
3. Taxation E. Discipline of Members
a) Constitutional Exemption Principles F. Process of Law-Making
D. Relevance of the Declaration of Principles and State Policies 1. Function of the Bicameral Conference Committee
E. Dynamics Among the Branches of Government 2. Limitations on Legislative Power
1. Separation of Powers a) Limitations on Revenue, Appropriations, and Tariff
2. System of Checks and Balances b) Presidential Veto and Congressional Override
3. Delegation of Powers G. Rules on Appropriation and Re-Alignment
F. State Immunity H. Electoral Tribunals and Commission on Appointments
1. Basis 1. Composition
2. Exceptions 2. Powers and Jurisdiction
G. The National Territory I. Powers of Congress
1. Scope (Terrestrial, Aerial, and Fluvial Domains) 1. Legislative Inquiries and the Oversight Functions
2. Archipelagic Doctrine 2. Non-Legislative
II. a) Informing Function
Legislative Department b) Power of Impeachment
A. Nature of Legislative Power III.
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 1 of 6
Executive Department c) Entry into Treaties or International Agreements
A. Nature of Executive Power 8. Powers Relative to Appropriation Measures
1. In Relation to the Implementation of Laws (Including Delegated 9. Veto Powers
Powers) IV.
2. Express or Implied (Including the Faithful Execution of Laws and Judicial Department
Residual Powers) A. Concept of Judicial Power
B. Concept of Presidential Immunity B. Judicial Review
1. Conduct Covered 1. Requisites
2. Waiver and Exceptions 2. Political Questions Doctrine
C. Concept of Executive Privilege 3. Moot Questions
1. TypesPage 3 of 10 4. Operative Fact Doctrine
2. Who May Invoke C. Judicial Independence and Fiscal Autonomy
D. Qualifications, Election, Term of the President and Vice-President, and D. Appointments to the Judiciary
Rules on Succession 1. Qualifications of Members
E. Other Privileges, Inhibitions, and Disqualifications 2. Judicial and Bar Council
F. Powers of the President a) Composition
1. Executive and Administrative Powers b) Powers
2. Power of Appointment E. The Supreme CourtPage 4 of 10
a) Process of Confirmation by the Commission 1. Composition, Powers, and Functions
b) By-Passed Appointments and their Effects 2. En Banc and Division Cases
c) Appointments by an Acting President 3. Administrative Supervision Over Lower Courts
d) Scope of Midnight Appointments 4. Original and Appellate Jurisdiction
e) Recess of Ad-Interim Appointments V.
f) Power of Removal Constitutional Commissions (COMELEC, COA, CSC)
3. Power of Control and Supervision A. Constitutional Safeguards to Ensure Independence of Commissions
a) Doctrine of Qualified Political Agency B. Common Provisions
b) Executive Departments and Offices C. Powers, Functions, and Jurisdiction
c) Local Government Units D. Composition and Qualifications of Members
4. Emergency Powers E. Prohibited Offices and Interests
5. Commander-in-Chief Powers F. Judicial Review of Final Orders, Resolutions, and Decisions
a) Calling Out Powers 1. Rendered in the Exercise of Quasi-Judicial Functions
b) Declaration of Martial Law and the Suspension of the 2. Rendered in the Exercise of Administrative Functions
Privilege of the Writ of Habeas Corpus (Including Extension THE CITIZEN IN RELATION TO THE STATE
of Period) I.
6. Pardoning Powers Citizenship
a) Scope and Limitations A. Who are Filipinos
b) Forms of Executive Clemency B. Modes of Acquiring Citizenship
7. Foreign Relations Powers C. Loss and Re-Acquisition of Philippine Citizenship
a) In General D. Dual Citizenship and Dual Allegiance
b) To Contract or Guarantee Foreign Loans E. Foundlings
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 2 of 6
1. Foundling Recognition and Protection Act (RA 11767) H. Liberty of Abode and Right to Travel
II. 1. Scope and Limitations
Bill of Rights 2. Watch-List and Hold Departure Orders
A. Private Acts and the Bill of Rights I. Right to Information
B. Due Process 1. Scope and Limitations
1. Procedural and Substantive J. Eminent Domain
2. Void-for-Vagueness 1. Concept
3. Judicial and Administrative Due Process 2. Public Use
C. Equal Protection 3. Just Compensation
1. Requisites for Valid Classification 4. Expropriation by Local Government Units
2. Standards of Judicial Review K. Right to Association
a) Rational Basis Test 1. Scope and Limitations
b) Strict Scrutiny test L. Non-Impairment of Contracts
c) Intermediate Scrutiny Test 1. Scope and Limitations
D. Arrests, Searches, and Seizures M. Free Access to Courts and Adequate Legal Assistance
1. Requisites of a Valid Warrant N. Custodial Investigation
a) Arrest Warrant 1. Meaning of Custodial Investigation
b) Search Warrant 2. Rights of a Person Under Custodial Investigation
2. Warrantless Arrests and Detention 3. Requisites of a Valid Waiver
3. Warrantless Searches 4. Exclusionary Doctrine
4. Administrative Arrests O. Rights of the Accused
5. Exclusionary Rule 1. Criminal Due Process
E. Privacy of Communications and Correspondence1. Private and Public 2. Bail
Communications 3. Presumption of Innocence
2. When Intrusion is Allowed 4. Right to be Heard
3. Exclusionary Rule 5. Right to Counsel
F. Freedom of Speech and Expression 6. Right to be Informed of the Nature and Cause of Accusation
1. Prior Restraint and Subsequent Punishment 7. Right to Speedy, Impartial and Public Trial
2. Content-Based and Content-Neutral Regulations 8. Right of Confrontation
3. Facial Challenges and Overbreadth Doctrine 9. Right to Compulsory Processes
4. Tests to Determine the Validity of Governmental Regulation 10. Trial in Absentia
5. State Regulation of Different Types of Mass Media Page 5 of 10Page 6 of 10
6. Commercial Speech P. Right to Speedy Trial and Speedy Disposition of Cases
7. Unprotected Speech Q. Right Against Self-Incrimination
G. Freedom of Religion 1. Scope and Limitations
1. Non-Establishment and Free Exercise Clauses 2. Immunity Statutes
2. Benevolent Neutrality and Conscientious Objector R. Right Against Double Jeopardy
3. Tests to Determine the Validity of Governmental Regulation 1. Requisites and Limitations
a) Clear and Present Danger S. Right Against Involuntary Servitude
b) Compelling State Interest T. Right Against Excessive Fines, and Cruel and Inhuman Punishments
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 3 of 6
U. Non-Imprisonment for Debts F. Powers and Duties of Public Officers
V. Ex Post Facto Laws and Bills of Attainder G. Rights of Public Officers
W. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo H. Liabilities of Public Officers
III. 3. Preventive Suspension and Back Salaries
Social Justice and Human Rights 4. Illegal Dismissal, Reinstatement, and Back Salaries
A. Concept of Social Justice I. Immunity of Public Officers
B. Economic, Social, and Cultural Rights J. Distinguish: De Facto and De Jure Officers
C. Commission on Human Rights K. Termination of Official Relation
1. Powers and Functions 1. Involuntary Retirement [See Re: Letter of Mrs. Ma. Cristina Roco
IV. Corona, AM. No. 20-07-10-SC, January 12, 2021]
Education, Science, Technology, Arts, Culture, and Sports L. The Civil Service
A. Academic Freedom 1. Scope
NATIONAL ECONOMY AND PATRIMONY 2. Appointments to the Civil Service
I. 3. Personnel Actions
Regalian Doctrine M. Accountability of Public Officers
II. 1. Types of Accountability
Public Trust Doctrine [See Maynilad Water Services, Inc. v. Secretary of a) Administrative
the b) Criminal
DENR, G.R. No. 202897 and companion cases, August 6, 2019] 2. Discipline
III. a) Grounds
Nationalist and Citizenship Requirement Provisions b) Jurisdiction
IV. c) Dismissal, Preventive Suspension, Reinstatement and Back
Exploration, Development, and Utilization of Natural Resources Salaries
V. d) Condonation Doctrine
Acquisition, Ownership, and Transfer of Public and Private Lands 3. Impeachment v. Quo Warranto [See Re: Letter of Mrs. Ma. Cristina
VI. Roco Corona, AM. No. 20-07-10-SC, January 12, 2021]
Concept of Ancestral Domain (Including Ancestral Lands) 4. The Ombudsman and the Office of the Special Prosecutor
VII. [Sections 5 to 14, Article XI of the 1987 Constitution in relation to
Practice of Professions R.A. No. 6770, otherwise known as “The Ombudsman Act of 1989”]
a) Functions
LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW, b) Judicial Review in Administrative Proceedings
ELECTION LAW, c) Judicial Review in Penal Proceedings
AND LOCAL GOVERNMENT 5. The Sandiganbayan
I. N. Term Limits
Law on Public Officers II.
A. General Principles Administrative Law
B. Modes of Acquiring Title to Public Office A. General Principles
C. Modes and Kinds of Appointment B. Administrative Agencies
D. Eligibility and Qualification RequirementsPage 7 of 10 C. Powers of Administrative Agencies
E. Disabilities and Inhibitions of Public Officers 1. Quasi-Legislative (Rule-Making) Power
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 4 of 6
a) Kinds of administrative rules and regulations b) Senate Electoral Tribunal (SET)
b) Requisites for Validity c) House of Representatives Electoral Tribunal (HRET)
2. Quasi-Judicial (Adjudicatory) Power 7. Recall
a) Administrative Due Process E. Prosecution of Election Offenses [Exclude: Penal Provisions]
b) Administrative Appeal and Review IV.
c) Administrative Res JudicataPage 8 of 10 Local Government
3. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers A. Public Corporations
D. Judicial Recourse and Review 1. Concept; Distinguished from Government-Owned or Controlled
1. Doctrine of Primary Administrative Jurisdiction Corporations
2. Doctrine of Exhaustion of Administrative Remedies 2. Classifications
3. Doctrine of Finality of Administrative Action a) Quasi-Corporations
III. b) Municipal Corporations
Election Law (1) Elements Page 9 of 10
A. Suffrage (2) Nature and Functions
1. Qualifications and Disqualification of Voters (3) Requisites for Creation, Conversion, Division, Merger
2. Registration and Deactivation of Voters or Dissolution
3. Inclusion and Exclusion Proceedings B. Principles of Local Autonomy
4. Local and Overseas Absentee Voting C. Autonomous Regions and Their Relation to the National Government
5. Detainee Voting D. Local Government Unit (LGU)
B. Candidacy 1. Powers
1. Qualifications and Disqualifications of Candidates a) Police Power
2. Filing of Certificates of Candidacy b) Eminent Domain
a) Effect of Filing c) Taxing Power
b) Substitution and Withdrawal of Candidates d) Closure and Opening of Roads
c) Nuisance Candidates e) Legislative Power
d) Duties of the Commission on Elections (COMELEC) (1) Requisites of Valid Ordinance
C. Campaign (2) Local Initiative and Referendum
1. Premature Campaigning f) Corporate Powers
2. Prohibited Contributions g) Ultra Vires Acts
3. Lawful and Prohibited Election Propaganda 2. Liability of LGUs
4. Limitations on Expenses 3. Settlement of Boundary Disputes
5. Statement of Contributions and Expenses 4. Vacancies and Succession of Local Officials
D. Remedies and Jurisdiction 5. Recall
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy 6. Term Limits
2. Petition for Disqualification PART TWO: PUBLIC INTERNATIONAL LAW
3. Failure of Election, Call for Special Election I.
4. Pre-Proclamation Controversy Sources of Obligations
5. Election Protest A. Treaties
6. Quo Warranto 1. Concept of Jus Cogens (Peremptory Norms of International Law)
a) COMELEC 2. Reservations, Withdrawal, Termination, and Rebus Sic Stantibus
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 5 of 6
B. Customary International Law b) Deep Seabed
1. Elements c) Outer Space
2. Obligations Erga Omnes IV.
C. General Principles of Law International Responsibility
D. Application of International Law by Domestic Courts A. Concept of Imputability of Internationally Wrongful Act or Omission
1. Monism B. Reparation
2. Dualism C. International Protection of Human Rights (Including Refugees and
3. Inverted Monism Stateless Persons)
4. Harmonization 1. Remedies Under Treaty-Based Mechanisms
II. D. International Minimum Standard and National Treatment (Including
International Legal Person Expropriation of Foreign-Owned Properties)
A. States E. Environmental Harm
1. Elements 1. Precautionary Principle
2. Recognition of States and Governments F. International Claims
B. Non-State Entities V.
C. International Organizations Dispute Resolution
D. Status of Individuals and CorporationsPage 10 of 10 A. Legality of the Use of Force
III. B. Concept of International and Non-International Armed Conflicts
Jurisdiction 1. The Role of the International Criminal Court
A. Basis of Jurisdiction C. Judicial and Arbitral Settlement
1. Territoriality Principle 1. International Court of Justice
2. Nationality Principle 2. Permanent Court of Arbitration
3. Protective Principle —--------------------------------------NOTHING FOLLOWS—------------------
4. Passive Personality Principle
B. Title to Territory
C. Adjacent Maritime Seas
1. Territorial Sea
2. Contiguous Zone
3. Exclusive Economic Zone
4. Continental Shelf
D. Jurisdiction Over Persons and Economic Activity
1. Criminal Jurisdiction
a) General Theory
b) Extradition
2. Civil Jurisdiction
3. Immunity from Jurisdiction
a) Sovereign Immunity
b) Diplomatic and Consular Immunity
4. Areas Not Subject to Jurisdiction of Individual States
a) High Seas
Hannah Cris A. Echavez 2023 SYLLABUS POLITICAL LAW Page 6 of 6