SYLLABUS FOR THE 2023 BAR EXAMINATIONS

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW (15%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are
examinable materials within the coverage of the 2023 Bar Examinations.

PART ONE: POLITICAL LAW

POWERS AND STRUCTURES OF

GOVERNMENT
I. Preliminary Concepts
A. Nature of a Constitution
1. Parts
Essential Parts of a Good Written Constitution
a) Constitution of Liberty
• The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a
means of securing the enjoyment of those rights, ex:
Article III.
b) Constitution of Government
• The series of provisions outlining the organization of the
government, enumerating its powers, laying down certain rules
relative to its administration, and defining electorate, ex.: Arts. VI,
VIII and IX.
c) Constitution of Sovereignty
• The provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be brought
about, ex: Art XVII.

2. Manner of Interpretation (Self-Executing and Non-Executing

Character)
a. Self-executing Provisions
 A provision which is complete in itself and becomes
operative without the aid of supplementary or
enabling legislation, or that which supplies a
sufficient rule by means of which the right it grants
may be enjoyed or protected, is self-executing.

3. Process of Change (Amendments and Revisions)

a) Amendment
• Refers to a change that adds, reduces, deletes, without altering the
basic principle involved.
b) Revision
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 • Broadly implies a change that alters a basic principle of the
Constitution, like altering the principle of separation powers or the
system of checks and balances.
• There is also a revision if the change alters the substantial entirety of
the Constitution.

Revision generally affects several provisions of the constitution; while Amendment

generally affects only the specific provision being amended.

Two (2) Part Test to determine whether the Lambino proposal involved an
Amendment or Revision
o Quantitative Test
1. Asks whether the proposed change is so extensive in its provisions as
to change directly the “substance entirety” of the Constitution by the
deletion or alteration of numerous provisions.
o Qualitative Test
1. Which inquiries into the qualitative effects of the proposed change in
the Constitution. is whether the change will “accomplish such far-
reaching changes in the nature of our basic governmental plan as to
amount to a revision.
B. The Philippines as a State
o State is a community of persons, more or less occupying a definite portion of a
territory, independent of external control, and possessing a government to
which a great body of inhabitants render habitual obedience.
o State is a legal concept, while nation is an ethnic or racial concept.
o Government is merely an instrumentality of the state through which the will of
the state is implemented and realized.
1. Elements (People, Territory, Government, and Capacity to Enter
into Relations with Other States)
o People
1. Inhabitants (Sec 2, Art. III; Sec. 1, Art XIII)
2. Citizens (Preamble; Secs 1 & 4, Art II; Sec 7, Art III)
3. Electors (Sec 4, Art. VII)
o Territory (Art 1; RA 3046; RA 5446)
 The National Territory: “the National Territory
comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other
territories over the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas” (Sec. 1, art 1)
2. Components
 Terrestrial, Fluvial, Maritime and Aerial domains.
o The Philippine Archipelago
o Archipelago Doctrine
 “The waters around, between and connecting
the island of the archipelago, regardless of
their breadth and dimensions, form part of
the internal waters of the Philippines” (Sec. 1
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 Art II)
 This articulates the archipelagic doctrine of
national territory, based on the principle that
an archipelago, which consists of a number of
islands separated by bodies of water, should
be treated as one integral unit.
 Straight baseline method: Imaginary straight
lines are drawn joining the outermost points
of outermost islands of the archipelago,
enclosing an area the ration of which should
not be more than 9:1 (water to land);
provided that the drawing of baselines shall
not depart, to any appreciable extent, from
the general configuration of the archipelago.
The waters within the baselines shall be
considered internal waters; while the breadth
of the territorial sea shall then be measured
from the baselines.
o Government
 The agency or instrumentality through which
the will of the state is formulated, expressed
and realized.

2. Distinction Between Internal and External Self-Determination
C. Fundamental Powers of the State
1. Police Power
2. Eminent Domain
3. Taxation
a) Constitutional Exemption Principles
D. Relevance of the Declaration of Principles and State Policies
E. Dynamics Among the Branches of Government
1. Separation of Powers
2. System of Checks and Balances
3. Delegation of Powers
F. State Immunity
1. Basis
2. Exceptions
G. The National Territory
1. Scope (Terrestrial, Aerial, and Fluvial Domains)
2. Archipelagic Doctrine

II. Legislative Department

A. Nature of Legislative Power
o Legislative power is the authority to make laws and to alter
and repeal them. As vested by the Constitution in congress, it
is a derivative and delegated power. “The Constitution is the
work or will of the people themselves, in their original,
sovereign and unlimited capacity. Law is the work or will of the
legislature in derivative and sub-ordinate capacity. The one is
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 the work of the Creator, and the other of the creature. The
Constitution fixes to the exercise of legislative authority, and
prescribes the orbit within which it moves.”
o The 1987 Constitution, embodies a grant of plenary legislative
power to the Philippine Legislature. Thus, “any power, deemed
to be legislative by usage and tradition, is necessarily
possessed by Congress, unless the organic act has lodged it
elsewhere.” And in fact, Section 1 of the 1987 Constitution
organic law has also given legislative power to electorate
through the exercise of initiative and referendum” as set down
in Section 32.”
o As collorary to this plenary grant of legislative power, it follows
that the congress alone can make laws and congress may not
delegate its law-making power. This is the principle of non-
delegability of legislative power. Its various ramifications will
be examined at length later. (Bernas)
1. Derivative and Delegated Power
2. Plenary Character
3. Limitations
a) Substantive - Bill of Rights
(Limitations to the general Legislative Power) -Prohibitions and Restrictions which
are imposed by the 1987 Constitution
The Limitation is substantive because if the provision of the law will curtail
constitutional rights, the same is unconstitutional.
o Bill of Rights (Express)
1. No law shall be passed abridging freedom of speech, of expression,
or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances. (Sec. 4)
2. No law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof (Sec. 5)
3. No law impairing the obligation of contracts shall be passed (Sec.
10) and
4. No ex post facto law or bill of attainder shall be enacted (Sec. 22)

b) Procedural - Manner of Passage and Form of Bills

Procedural Limitations -even if the law does not violate
constitutional provisions but it is not passed and approved in
accordance with the prescribed procedure, the same is
questionable and may not be given force and effect.
a. A bill shall embrace only one subject, to be stated in the
title of the bill (Const. Art VI, sec 26, par 1)
o Reasons:
1. To prevent hodgepodge or log-rolling legislation (Central Capiz v.
Ramirez GR No. 16197, March 12, 1920)
 Hodgepodge or Log-rolling legislation – Any act containing
several subjects with unrelated matters representing diverse
interests, the main object of such combination being to unite
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 the members of the legislature who favor any one of the
subjects in support of the whole act.
2. To prevent surprise or fraud upon the legislature; and
3. To fairly apprise the people (Central Capiz v. Ramirez)
b. Three readings on separate days; printed copies of the bill in its final
form distributed to members 3 days before its passage, except when the
President certifies to its immediate enactment to meet a public calamity
or emergency; upon its last reading, no amendment allowed and the
vote thereon taken immediately and yeas and nays entered into the
journal (Const. Art VI, Sec. 26, par (2));
- FIRST READING
Involves reading of the number and the title
of the measure and referring of it to the proper
committee by the Senate President or the Speaker.
- SECOND READING
The bill is read in its entirety, scrutinized,
debated upon, and amended if necessary. This is the
most important stage in the passage of a bill.
Note: The bill as approved on second reading is
printed in its final form and copies thereof are
distributed at least three days before the third
reading.
- THIRD READING
Members register their votes- either yea or
nay (Const. Art VI, Sec. 26, par (2)) and explain their
vote if they are allowed by the rules.
NOTE: No further debate is allowed during the third
reading.
The Phrase “except when the president certifies to the
necessity of its immediate enactment” qualifies not
only the requirement that the printed copies of a bill in
its final from must be distributed to the members 3
days before its passage” but also requirement that
before a bill can become a law, it must have passed
“three readings on separate days”
A legislative act will not be decaled invalid for non-
compliance with the internal rules of the House.
(Arroyo v. De Venecia GR No. 127255, June 26, 1998)
4. Law-Making Distinguished from Law-Execution
a) Filling-Up Details
b) Ascertainment of Facts
5. Exceptions to Non-Delegability
a) Local Governments
b) Presidential Power in Times of War and National
Emergency, Including Martial Law and in a Revolutionary
Context
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 c) Fixing Tariff Rates, Quotas, and Other Duties
6. Legislative Power of the People Through Initiative and
Referendum

Initiative
-Power of the people to propose amendment to the
Constitution or to propose and enact legislation through an
election called for the purpose. (RA No. 6735 sec. 3)

Classes of Initiative
1.Initiative on the Constitution
-petition proposing amendments to the Constitution;
2. Initiative on Statutes
- petition proposing to enact a national legislation; and
3. Initiative on Local Legislation
- petition proposing to enact a regional, provincial, city municipal or
barangay law, resolution or ordinance.
Local Initiative

B. Bicameral Congress
1. Senate
2. House of Representatives
a) District Representatives and Mechanics of Apportionment
b) Party-List System
C. Legislative Privileges, Disclosure of Financial and Business Affairs,
Prohibitions, Inhibitions, and Disqualifications
D. Quorum and Voting Majorities
E. Discipline of Members
F. Process of Law-Making
1. Function of the Bicameral Conference Committee
2. Limitations on Legislative Power
a) Limitations on Revenue, Appropriations, and Tariff
b) Presidential Veto and Congressional Override
G. Rules on Appropriation and Re-Alignment (Section 25)
H. Electoral Tribunals and Commission on Appointments
1. Composition
2. Powers and Jurisdiction
I. Powers of Congress
1. Legislative Inquiries (Sec 21) and the Oversight Functions (Sec 22)
--Legislative Inquiries (Sec. 21)
May refer to inquiries related to the implementation or re-examination
of any law or appropriation, or in connection with any proposed legislation or
for the formulation of or in connection with future legislation, or will aid in
the review or formulation of a new legislative policy or enactment.

The power to conduct inquiries in aid of legislation is inherent in the

power to legislate, and as such, the same may be exercised by the congress
even in the absence of any (express) constitutional grant (Senate v. Ermita)

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 The power may be exercised by each house of congress or any
committee thereof even if there is no pending legislation as long as the
inquiry:
1. Is within the jurisdiction of the legislative body making it; and
2. Must be material or necessary to the exercise of a power in it
vested by the Constitution, such as to legislate or to expel a
member (Bengzon v. Senate Blue Ribbon Committee GR No. 89914,
1991)

The phrase “duly published rules of procedure” requires the Senate of every
Congress to publish its rules of procedure governing inquiries in aid of
legislation because every senate is distinct from the one before it or alter it.
Since senatorial elections are held every 3 years for ½ of the Senates
membership, the composition of the senate also changes by the end of time.
Each Senate may thus enact a different set of rules as it may deem fit.

The requisite of publication of the rules intended to satisfy the basic

requirements of due process (Garcillano v. House of Representative GR No
170338 & 179275).

Limitations on the Power of Legislative Investigation

a) It must be in aid of legislation;
-
b) In accordance with duly published rules of procedures; and
c) Right of person appearing in or affected by such inquiry shall be
respected.
-this is just another way of saying that legislative
investigations must be “subject to limitations placed by the
Constitution on governmental action”. And since all governmental
action must be exercised subject to constitutional limitations,
principally found in the Bill of rights, this third limitation really
creates no new constitutional right. But it emphasizes such
fundamentals as the right against elf-incrimination and
unreasonable searches and seizures and the right to demand,
under due process, that Congress observe its own rules.

The questions that may be raised in a legislative investigation do not

necessarily have to be relevant to any pending legislation provided that
they are relevant to the subject matter of the investigation being
conducted.

The Power of Legislative Investigation Includes:

a. the power to issue summons and notices;
b. the power to declare and/or punish a person in
contempt; and
c. the power to determine the rules of its proceedings.
Power to issue Summons
Anyone except the President and Justices of the Supreme Court may
be issued summoned. Nor may a court prevent a witness from
appearing in such hearing (Senate Blue Ribbon Com v. Majaducon GR
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 No. 136760, 2003)
Power to Punish Contempt
Failure or refusal to attend a legitimate legislative investigation or
contumacy of the witness may be punish as legislative contempt. it
may include imprisonment for the duration of the session.
Contempt
Disregard of or disobedience to the rules or orders of a legislative or
judicial body or an interruption of its proceedings by disorderly
behavior or insolent language in its presence or so near thereto as to
disturbed its proceedings or to impair the respect due to such a body
(Lorenzo Shipping vs. Distribution Mgt. GR NO. 155849, August 31,
2011)

Period of Detention under the Senate’s Inherent Power of Contempt

The court finds that the period of imprisonment under the inherent
power of contempt by the Senate during inquiries in aid of legislation
should only last until the termination of the legislative inquiry which the
said power is invoked. In Arnault, it was stated that obedience to its
process may be enforced by the senate committee if the subject of
investigation before it was it was within the range of legitimate
legislative inquiry and the proposed testimony called relates to that
subject. Accordingly, as long as there is a legitimate legislative inquiry,
then the inherent power of contempt by the Senate may be properly
exercised. Conversely, once the said legislative inquiry concludes, the
exercise of the inherent power of contempt ceases and there Is no
more genuine necessity to penalized the detained witness (Balag vs.
Senate of the Phil, GR No. 234608)
Continuity of Legislative Inquiries

Distinction Between Section 21- Legislative Inquiry and Section 22 – Question

Hour
Section 21- Legislative Inquiry specifically relates to the power to conduct
inquiries in aid of legislation, the aim of which is to elicit information that
may be used for legislation while Section 22- Question Hour pertains to the
power to conduct a question hour, the objective of which is to obtain
information in pursuit of Congress’ oversight function. (Senate vs. Ermita
April 20, 2006).

Non-Legislative
d) Informing Function
e) Power of Impeachment

III. Executive Department

A. Nature of Executive Power
1. In Relation to the Implementation of Laws (Including
Delegated Powers)
2. Express or Implied (Including the Faithful Execution of Laws
and Residual Powers)
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B. Concept of Presidential Immunity
1. Conduct Covered
2. Waiver and Exceptions
C. Concept of Executive Privilege
1. Types

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 2. Who May Invoke
D. Qualifications, Election, Term of the President and Vice-President,
and Rules on Succession
E. Other Privileges, Inhibitions, and Disqualifications
F. Powers of the President
1. Executive and Administrative Powers
2. Power of Appointment
a) Process of Confirmation by the Commission
b) By-Passed Appointments and their Effects
c) Appointments by an Acting President
d) Scope of Midnight Appointments
e) Recess of Ad-Interim Appointments
f) Power of Removal
3. Power of Control and Supervision
a) Doctrine of Qualified Political Agency
b) Executive Departments and Offices
c) Local Government Units
4. Emergency Powers
5. Commander-in-Chief Powers
a) Calling Out Powers
b) Declaration of Martial Law and the Suspension of the
Privilege of the Writ of Habeas Corpus (Including
Extension of Period)
6. Pardoning Powers
a) Scope and Limitations
b) Forms of Executive Clemency
7. Foreign Relations Powers
a) In General
b) To Contract or Guarantee Foreign Loans
c) Entry into Treaties or International Agreements
8. Powers Relative to Appropriation Measures
9. Veto Powers

IV. Judicial Department

A. Concept of Judicial Power
B. Judicial Review
1. Requisites
2. Political Questions Doctrine
3. Moot Questions
4. Operative Fact Doctrine
C. Judicial Independence and Fiscal Autonomy
D. Appointments to the Judiciary
1. Qualifications of Members
2. Judicial and Bar Council
a) Composition
b) Powers
E. The Supreme Court

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 1. Composition, Powers, and Functions
2. En Banc and Division Cases
3. Administrative Supervision Over Lower Courts
4. Original and Appellate Jurisdiction

V. Constitutional Commissions (COMELEC, COA, CSC)

A. Constitutional Safeguards to Ensure Independence of Commissions
B. Common Provisions
C. Powers, Functions, and Jurisdiction
D. Composition and Qualifications of Members
E. Prohibited Offices and Interests
F. Judicial Review of Final Orders, Resolutions, and Decisions
1. Rendered in the Exercise of Quasi-Judicial Functions
2. Rendered in the Exercise of Administrative Functions

THE CITIZEN IN RELATION TO THE STATE

I. Citizenship
A. Who are Filipinos
B. Modes of Acquiring Citizenship
C. Loss and Re-Acquisition of Philippine Citizenship
D. Dual Citizenship and Dual Allegiance
E. Foundlings
1. Foundling Recognition and Protection Act (RA 11767)

II. Bill of Rights

A. Private Acts and the Bill of Rights
B. Due Process
1. Procedural and Substantive
2. Void-for-Vagueness
3. Judicial and Administrative Due Process
C. Equal Protection
1. Requisites for Valid Classification
2. Standards of Judicial Review
a) Rational Basis Test
b) Strict Scrutiny test
c) Intermediate Scrutiny Test
D. Arrests, Searches, and Seizures
1. Requisites of a Valid Warrant
a) Arrest Warrant
b) Search Warrant
2. Warrantless Arrests and Detention
3. Warrantless Searches
4. Administrative Arrests
5. Exclusionary Rule
E. Privacy of Communications and Correspondence

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 1. Private and Public Communications
2. When Intrusion is Allowed
3. Exclusionary Rule
F. Freedom of Speech and Expression
1. Prior Restraint and Subsequent Punishment
2. Content-Based and Content-Neutral Regulations
3. Facial Challenges and Overbreadth Doctrine
4. Tests to Determine the Validity of Governmental Regulation
5. State Regulation of Different Types of Mass Media
6. Commercial Speech
7. Unprotected Speech
G. Freedom of Religion
1. Non-Establishment and Free Exercise Clauses
2. Benevolent Neutrality and Conscientious Objector
3. Tests to Determine the Validity of Governmental Regulation
a) Clear and Present Danger
b) Compelling State Interest
H. Liberty of Abode and Right to Travel
1. Scope and Limitations
2. Watch-List and Hold Departure Orders
I. Right to Information
1. Scope and Limitations
J. Eminent Domain
1. Concept
2. Public Use
3. Just Compensation
4. Expropriation by Local Government Units
K. Right to Association
1. Scope and Limitations
L. Non-Impairment of Contracts
1. Scope and Limitations
M. Free Access to Courts and Adequate Legal Assistance
N. Custodial Investigation
1. Meaning of Custodial Investigation
2. Rights of a Person Under Custodial Investigation
3. Requisites of a Valid Waiver
4. Exclusionary Doctrine
O. Rights of the Accused
1. Criminal Due Process
2. Bail
3. Presumption of Innocence
4. Right to be Heard
5. Right to Counsel
6. Right to be Informed of the Nature and Cause of Accusation
7. Right to Speedy, Impartial and Public Trial
8. Right of Confrontation
9. Right to Compulsory Processes
10. Trial in Absentia

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 P. Right to Speedy Trial and Speedy Disposition of Cases
Q. Right Against Self-Incrimination
1. Scope and Limitations
2. Immunity Statutes
R. Right Against Double Jeopardy
1. Requisites and Limitations
S. Right Against Involuntary Servitude
T. Right Against Excessive Fines, and Cruel and Inhuman Punishments
U. Non-Imprisonment for Debts
V. Ex Post Facto Laws and Bills of Attainder
W. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo

III. Social Justice and Human Rights

A. Concept of Social Justice
B. Economic, Social, and Cultural Rights
C. Commission on Human Rights
1. Powers and Functions

IV. Education, Science, Technology, Arts, Culture, and Sports

A. Academic Freedom

NATIONAL ECONOMY AND PATRIMONY

I. Regalian Doctrine

II. Public Trust Doctrine [See Maynilad Water Services, Inc. v. Secretary of the
DENR, G.R. No. 202897 and companion cases, August 6, 2019]

III. Nationalist and Citizenship Requirement Provisions

IV. Exploration, Development, and Utilization of Natural Resources

V. Acquisition, Ownership, and Transfer of Public and Private Lands

VI. Concept of Ancestral Domain (Including Ancestral Lands)

VII. Practice of Professions

LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW, ELECTION LAW,

AND LOCAL GOVERNMENT

I. Law on Public Officers

A. General Principles
B. Modes of Acquiring Title to Public Office
C. Modes and Kinds of Appointment
D. Eligibility and Qualification Requirements

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 E. Disabilities and Inhibitions of Public Officers
F. Powers and Duties of Public Officers
G. Rights of Public Officers
H. Liabilities of Public Officers
3. Preventive Suspension and Back Salaries
4. Illegal Dismissal, Reinstatement, and Back Salaries
I. Immunity of Public Officers
J. Distinguish: De Facto and De Jure Officers
K. Termination of Official Relation
1. Involuntary Retirement [See Re: Letter of Mrs. Ma. Cristina Roco
Corona, AM. No. 20-07-10-SC, January 12, 2021]
L. The Civil Service
1. Scope
2. Appointments to the Civil Service
3. Personnel Actions
M. Accountability of Public Officers
1. Types of Accountability
a) Administrative
b) Criminal
2. Discipline
a) Grounds
b) Jurisdiction
c) Dismissal, Preventive Suspension, Reinstatement and
Back Salaries
d) Condonation Doctrine
3. Impeachment v. Quo Warranto [See Re: Letter of Mrs. Ma. Cristina
Roco Corona, AM. No. 20-07-10-SC, January 12, 2021]
4. The Ombudsman and the Office of the Special Prosecutor
[Sections 5 to 14, Article XI of the 1987 Constitution in relation
to
R.A. No. 6770, otherwise known as “The Ombudsman Act of 1989”]
a) Functions
b) Judicial Review in Administrative Proceedings
c) Judicial Review in Penal Proceedings
5. The Sandiganbayan
N. Term Limits

II. Administrative Law

A. General Principles
B. Administrative Agencies
C. Powers of Administrative Agencies
1. Quasi-Legislative (Rule-Making) Power
a) Kinds of administrative rules and regulations
b) Requisites for Validity
2. Quasi-Judicial (Adjudicatory) Power
a) Administrative Due Process
b) Administrative Appeal and Review
c) Administrative Res Judicata

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 3. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers
D. Judicial Recourse and Review
1. Doctrine of Primary Administrative Jurisdiction
2. Doctrine of Exhaustion of Administrative Remedies
3. Doctrine of Finality of Administrative Action

III. Election Law

A. Suffrage
1. Qualifications and Disqualification of Voters
2. Registration and Deactivation of Voters
3. Inclusion and Exclusion Proceedings
4. Local and Overseas Absentee Voting
5. Detainee Voting
B. Candidacy
1. Qualifications and Disqualifications of Candidates
2. Filing of Certificates of Candidacy
a) Effect of Filing
b) Substitution and Withdrawal of Candidates
c) Nuisance Candidates
d) Duties of the Commission on Elections (COMELEC)
C. Campaign
1. Premature Campaigning
2. Prohibited Contributions
3. Lawful and Prohibited Election Propaganda
4. Limitations on Expenses
5. Statement of Contributions and Expenses
D. Remedies and Jurisdiction
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy
2. Petition for Disqualification
3. Failure of Election, Call for Special Election
4. Pre-Proclamation Controversy
5. Election Protest
6. Quo Warranto
a) COMELEC
b) Senate Electoral Tribunal (SET)
c) House of Representatives Electoral Tribunal (HRET)
7. Recall
E. Prosecution of Election Offenses [Exclude: Penal Provisions]

IV. Local Government

A. Public Corporations
1. Concept; Distinguished from Government-Owned or
Controlled Corporations
2. Classifications
a) Quasi-Corporations
b) Municipal Corporations
(1) Elements

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 (2) Nature and Functions
(3) Requisites for Creation, Conversion, Division,
Merger or Dissolution
B. Principles of Local Autonomy
C. Autonomous Regions and Their Relation to the National Government
D. Local Government Unit (LGU)
1. Powers
a) Police Power
b) Eminent Domain
c) Taxing Power
d) Closure and Opening of Roads
e) Legislative Power
(1) Requisites of Valid Ordinance
(2) Local Initiative and Referendum
f) Corporate Powers
g) Ultra Vires Acts
2. Liability of LGUs
3. Settlement of Boundary Disputes
4. Vacancies and Succession of Local Officials
5. Recall
6. Term Limits

PART TWO: PUBLIC INTERNATIONAL LAW

I. Sources of Obligations
A. Treaties
1. Concept of Jus Cogens (Peremptory Norms of International Law)
2. Reservations, Withdrawal, Termination, and Rebus Sic Stantibus
B. Customary International Law
1. Elements
2. Obligations Erga Omnes
C. General Principles of Law
D. Application of International Law by Domestic Courts
1. Monism
2. Dualism
3. Inverted Monism
4. Harmonization

II. International Legal Person

A. States
1. Elements
2. Recognition of States and Governments
B. Non-State Entities
C. International Organizations
D. Status of Individuals and Corporations

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 III. Jurisdiction
A. Basis of Jurisdiction
1. Territoriality Principle
2. Nationality Principle
3. Protective Principle
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
b) Deep Seabed
c) Outer Space

IV. International Responsibility

A. Concept of Imputability of Internationally Wrongful Act or
Omission
B. Reparation
C. International Protection of Human Rights (Including
Refugees and Stateless Persons)
1. Remedies Under Treaty-Based Mechanisms
D. International Minimum Standard and National
Treatment (Including Expropriation of Foreign-Owned
Properties)
E. Environmental Harm
1. Precautionary Principle
F. International Claims

V. Dispute Resolution
A. Legality of the Use of Force
B. Concept of International and Non-International Armed
Conflicts
1. The Role of the International Criminal Court
C. Judicial and Arbitral Settlement
1. International Court of Justice
2. Permanent Court of Arbitration

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