2023 PRE-WEEK HO 8 - Political Law

2023 BAR REVIEW Handout No.
8
Political Law
PRE-WEEK
PRELIMINARY CONCEPTS
1. Differentiate internal and external self-determination.
Internal self-determination is the people’s pursuit of its political, economic, social and cultural
development within the framework of an existing state. On the other hand, external self-
determination is the establishment of a sovereign and independent State, the free
association or integration with an independent State, or the emergence into any other
political status freely determined by a people. Province of North Cotabato v. Government of
the Republic of the Philippines Peace Panel on Ancestral Domain, G.R. Nos. 183591, 183752,
183893, 183951 & 183962, October 14, 2008, 589 PHIL 387-732
2. What is considered “public use” in eminent domain?
Public use is one which confers some benefit or advantage to the public; it is not confined to
actual use by public. It is measured in terms of right of public to use proposed facilities for
which condemnation is sought and, as long as public has right of use, whether exercised by
one or many members of public, a ‘public advantage’ or ‘public benefit’ accrues sufficient to
constitute a public use. Montana Power Co. vs. Bokma, Mont. 457 P.2d 769, 772, 773.”
Manosca vs. Court of Appeals, G.R. No. 106440 January 29, 1996
LEGISLATIVE DEPARTMENT
3. Does a city’s population have to increase by another 250,000 to be entitled to an additional

legislative district?
No. The Mariano case limited the application of the 250,000 minimum population
requirement for cities only to its initial legislative district. In other words, while Section 5(3),
Article VI of the Constitution requires a city to have a minimum population of 250,000 to be
entitled to a representative, it does not have to increase its population by another 250,000
to be entitled to an additional district. Aquino III vs. Commission on Election, 617 SCRA 623,
G.R. No. 189793 April 7, 2010
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2023 BAR REVIEW Handout No. 8
Political Law
PRE-WEEK
4. Can the Congress override the veto of the President of an item of appropriation the General
Appropriations Act?
Yes. Under the present Constitution, if the President vetoes an item of appropriation in the
GAA, Congress may override such veto by an extraordinary two-thirds vote of each chamber
of Congress. Araullo vs. Aquino III, 728 SCRA 1, G.R. No. 209569 July 1, 2014
5. Distinguish the power of the Congress to conduct inquiries in aid of legislation (Sec. 21)
from its oversight function (Sec. 22).
The following are the differences between the two powers of the Congress:
Inquiries in Aid Question Hour

of Legislation (Sec. 21) (Sec. 22)
As to persons who
Any person Department Head only
may appear
As to who conducts
Committees Entire body
investigation
Any matter for the purpose Matters related
As to subject matter
of legislation to the department only
To elicit information that may To obtain information in pursuit

As to purpose
be used for legislation of Congress oversight functions
Discretionary; Congress cannot

Mandatory; Congress can compel the appearance of
As to appearance / compel the appearance of executive officials if the required
compelling power executive officials and can consent of the President is not
punish contumacy therefor obtained first, or if no such
consent is given.

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Political Law
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EXECUTIVE DEPARTMENT
6. Does presidential immunity apply only to official acts of the President?
No. Unlike its American counterpart, the concept of presidential immunity under our
governmental and constitutional system does not distinguish whether or not the suit pertains
to an official act of the President. Neither does immunity hinge on the nature of the suit.
Accordingly, the concept is clear and allows no qualifications or restrictions that the President
cannot be sued while holding such office. De Lima v. Duterte, G.R. No. 227635 (Resolution),
October 15, 2019
7. What is the doctrine of qualified political agency?
Under the doctrine of qualified political agency, heads of the various executive departments
are the alter egos of the President, and, thus, the actions taken by such heads in the
performance of their official duties are deemed the acts of the President unless the President
himself should disapprove such acts. But the doctrine of qualified political agency does not
apply to the actions of heads of executive departments in the performance of their duties as
ex officio members of the various agencies or entities under the executive department.
Peñafrancia Shipping Corporation vs. 168 Shipping Lines, Inc., 803 SCRA 679, G.R. No.
188952 September 21, 2016
8. What are the Military Powers of the President?
The following are the Military Powers of the President:
(a) Calling Out Power;

(b) Power to Suspend the Privilege of the Writ of Habeas Corpus; and
(c) Power to Declare Martial Law
The President may resort to the Calling Out Power whenever it becomes necessary to prevent
or suppress lawless violence, invasion, or rebellion. On the other hand, the extraordinary
powers of suspending the privilege of the writ of habeas corpus and/or declaring martial law
may be exercised only when there is actual invasion or rebellion, and public safety requires
it. These powers involve curtailment and suppression of civil rights and individual freedom.
Unlike the Calling Out Power, these two powers of the President are subject to the veto
powers of the Supreme Court and Congress. Rep. Edcel C. Lagman, et al. vs. Hon. Salvador
C. Medialdea, et al., G.R. Nos. 231658, 231771 and 231774, July 4, 2017

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JUDICIAL DEPARTMENT
9. Can the Judicial and Bar Council cluster the qualified nominees for simultaneous vacancies
in the Judiciary?
No. In case decided by the Supreme Court, it held that by arbitrarily clustering the nominees
for appointment to the six simultaneous vacancies for Sandiganbayan Associate Justice into
separate short lists, the JBC influenced the appointment process and encroached on the
President’s power to appoint members of the Judiciary and determine seniority in the said
court, beyond its mandate under the 1987 Constitution. The power to recommend of the JBC
cannot be used to restrict or limit the President’s power to appoint as the latter’s prerogative
to choose someone whom he/she considers worth appointing to the vacancy in the Judiciary
is still paramount. As long as in the end, the President appoints someone nominated by the
JBC, the appointment is valid, and he, not the JBC, determines the seniority of appointees to
a collegiate court. Aguinaldo vs. Aquino III, 818 SCRA 310, G.R. No. 224302 February 21,
2017
10. Does the trial court retain jurisdiction over the criminal aspect of offenses committed by
judges of lower courts?
Yes. While supervision over all inferior courts and court personnel, from the Presiding Justice
of the Court of Appeals to the lowest ranked court employee, is vested by the Constitution in
the Supreme Court, that prerogative only extends to administrative supervision. As such,
when the case filed against the judge is a criminal case under the court’s own jurisdiction as
prescribed by law and not an administrative case, such court retains jurisdiction over that
case. Garcia vs. Miro, 582 SCRA 127, G.R. No. 167409 March 20, 2009
CONSTITUTIONAL COMMISSIONS
11. Does the Commission on Audit have audit jurisdiction over a non-stock corporation
organized under the Corporation Code with the promotion and development of Philippine
tourism as its primary function, that is funded by international organizations and foreign
entities, and led by incorporators and board of trustees who are government officials?
Yes. Such entity is considered a government-owned or controlled corporation because the

following attributes are present: (1) the entity is organized as a stock or non-stock
corporation; (2) its functions are public in character, and (3) it is owned or, at the very least,
controlled by the government. Oriondo vs. COA, G.R. No. 211293 June 4, 2019

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Political Law
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12. Does COMELEC have jurisdiction to disqualify candidates outside of the grounds
enumerated in Section 68 of the Omnibus Election Code?
No. The jurisdiction of COMELEC to disqualify candidates is limited to those enumerated in

Section 68 of the OEC. All other election offenses are beyond the ambit of COMELEC
jurisdiction. Francisco vs. Commission on Elections, 862 SCRA 654, G.R. No. 230249 April 24,
2018
13. Does the Civil Service Commission have the power to revoke an appointment of a candidate
who possesses the minimum requirements under the law on the ground that another
candidate scored a higher grade based on comparative evaluation sheets?
No. The Supreme Court has ruled that the only function of the Civil Service Commission (CSC)
is merely to ascertain whether the appointee possesses the minimum requirements under
the law; if it is so, then the CSC has no choice but to attest to such appointment. Cerilles vs.
Civil Service Commission, 846 SCRA 15, G.R. No. 180845 November 22, 2017
CITIZENSHIP
14. Who are Filipinos?
SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law. Article IV, 1987 Constitution

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BILL OF RIGHTS
15. What are the levels of scrutiny to determine the propriety of the classification under the
equal protection clause?
The following are the levels of scrutiny:
a) Rational basis scrutiny (also known as the rational relation test or rational basis test)
– it demands that the classification reasonably relate to the legislative purpose.
b) Intermediate scrutiny – requires that the law must not only further an important
governmental interest and be substantially related to that interest, but the
justification for the classification must be genuine and must not depend on broad
generalizations.
c) Strict scrutiny – applies when a legislative classification impermissibly interferes with

the exercise of a fundamental right or operates to the peculiar class disadvantage of
a suspect class. The Government carries the burden to prove that the classification is
necessary to achieve a compelling state interest, and that it is the least restrictive
means to protect such interest. Mosqueda, et al. v. Pilipino Banana Growers &
Exporters Association, Inc., et al., G.R. No. 189185, August 16, 2016
16. Does a convicted national inmate have a right to privacy?
No. The right of a convicted national inmate to his or her privacy runs counter to the state
interest of preserving order and security inside our prison systems. There is no longer any
reasonable expectation of privacy when one is being monitored and guarded at all hours of
the day. In the Matter of the Petition for Writ of Habeas Corpus/Data vs. De Lima, G.R. Nos.
215585 & 215768, September 8, 2020
17. What is the O’ Brien test?
Under this test, even if a law furthers an important or substantial governmental interest, it
should be invalidated if such governmental interest is “not unrelated to the suppression of
free expression.” Moreover, even if the purpose is unrelated to the suppression of free
speech, the law should nevertheless be invalidated if the restriction on freedom of expression
is greater than is necessary to achieve the governmental purpose in question. Social Weather
Stations, Inc. vs. Comelec, G.R. No. 147571, May 5, 2001

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Political Law
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18. What are the tests to determine if the restraint on freedom of expression is valid?
a) Clear and present danger rule - The evil consequence of the comment must be
“extremely serious and the degree of imminence extremely high” before an utterance
can be punished. Marantan vs. Diokno, 716 SCRA 164, G.R. No. 205956 February 12,
2014
b) Dangerous tendency rule - If the words uttered created a dangerous tendency which
the state has a right to prevent, then such words are punishable. It is not necessary
that some definite or immediate acts of force, violence, or unlawfulness be
advocated. It is sufficient that such acts be advocated in general terms. Nor is it
necessary that the language used be reasonably calculated to incite persons to acts of
force, violence, or unlawfulness. It is sufficient if the natural tendency and probable
effect of the utterance be to bring about the substantive evil which the legislative
body seeks to prevent. Re: News Report of Mr. Jomar Canlas in the Manila Times
Issue of 8 March 2016, 924 SCRA 185, A.M. No. 16-03-10-SC October 15, 2019
c) Balancing of interest test - That principle “requires a court to take conscious and
detailed consideration of the interplay of interest observable in a given situation or
type of situation.” Lagunzad vs. Soto Vda. De Gonzales, 92 SCRA 476, No. L-32066
August 6, 1979
19. What are the tests to determine if regulation of freedom of religion is valid?
a) Clear and present danger – A clear and present danger of a substantive evil,
destructive to public morals, is a ground for the reasonable regulation of the free
exercise and enjoyment of religious profession.
b) Compelling state interest – It stresses the state interest is not merely any colorable
state interest, but must be paramount and compelling to override the free exercise
claim. Estrada vs. Escritor, 408 SCRA 1, A.M. No. P-02-1651 August 4, 2003
20. In case of delay in the payment of just compensation, can the landowner claim for interest?
Yes. The delay in the payment of just compensation is a forbearance of money. As such, it is
necessarily entitled to earn interest. The rationale for imposing the interest is to compensate
the landowner for the income it would have made had it been properly compensated for its
properties at the time of the taking. Without prompt payment, compensation cannot be
considered “just” inasmuch as the property owner is made to suffer the consequences of

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Political Law
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being immediately deprived of his land while being made to wait for a decade or more before
actually receiving the amount necessary to cope with his loss. Land Bank of the Philippines
vs. Prado Verde Corporation, 874 SCRA 376, G.R. No. 208004 July 30, 2018
21. Does compulsory membership in the homeowners’ association, annotated in the lot
owner’s certificate of title, violate a person’s right to freedom of association?
No. The constitutional guarantee of freedom of association can only be invoked against the
State, and does not apply to private transactions, like a sale, where a condition was validly
imposed by the vendor. Automatic membership in a homeowners' association does not
violate lot owners' right to freedom of association because they were not forced to buy their
lots from the developer. Cezar Yatco Real Estate Services, Inc. vs. Bel-Air Village Association,
Inc., G.R. No. 211780, November. 21, 2018
22. What is the Barker Balancing Test?
Under the Barker Balancing Test, the following factors must be considered in determining the
existence of inordinate delay: (1) the length of delay; (2) the reasons for the delay; (3) the
assertion or failure to assert such right by the accused; and (4) the prejudice caused by the
delay.
The determination of inordinate delay is not by mathematical computation, as several factors

contribute in resolving a case: What may constitute a reasonable time to resolve a proceeding
is not determined by “mere mathematical reckoning.” Hong vs. Aragon, 950 SCRA 335, G.R.
No. 209797 September 8, 2020
23. What is the purpose of the writ of habeas corpus?
The ultimate purpose of the writ of habeas corpus is to relieve a person from unlawful
restraint; It is issued only for the lone purpose of obtaining relief for those illegally confined
or imprisoned without sufficient legal basis. It is not issued when the person is in custody
because of a judicial process or a valid judgment. Adonis vs. Tesoro, 697 SCRA 337, G.R. No.
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24. What are the requisites for the availment of the writ of kalikasan?
Under Section 1 of Rule 7 of the RPEC, the following requisites must be present to avail of
this extraordinary remedy: (1) there is an actual or threatened violation of the constitutional
right to a balanced and healthful ecology; (2) the actual or threatened violation arises from
an unlawful act or omission of a public official or employee, or private individual or entity;
and (3) the actual or threatened violation involves or will lead to an environmental damage
of such magnitude as to prejudice the life, health or property of inhabitants in two or more
cities or provinces. The gravity of environmental damage sufficient to grant the writ is to be
decided on a case-to-case basis. Osmeña vs. Garganera, 859 SCRA 513, G.R. No. 231164
March 20, 2018
25. When is the writ of habeas data issued?
The existence of a person’s right to informational privacy and a showing, at least by

substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty
or security of the victim are indispensable before the privilege of the writ may be extended.
Availment of the writ requires the existence of a nexus between the right to privacy on the
one hand, and the right to life, liberty or security on the other. Thus, the writ, will not issue
on the basis merely of an alleged unauthorized access to information about a person. Vivares
vs. St. Theresa's College, 737 SCRA 92, G.R. No. 202666 September 29, 2014
26. When is the writ of amparo issued?
Writ of amparo is available to any person whose right to life, liberty and security is violated
or threatened with violation by an unlawful act or omission of a public official or employee,
or of a private individual or entity. The writ shall cover extralegal killings and enforced
disappearances. “Extralegal killings” are killings committed without due process of law, i.e.,
without legal safeguards or judicial proceedings. On the other hand, enforced disappearances
are attended by the following characteristics: an arrest, detention or abduction of a person
by a government official or organized groups or private individuals acting with the direct or
indirect acquiescence of the government; the refusal of the State to disclose the fate or
whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty
which places such persons outside the protection of law. In the Matter of the Petition for
Writ of Amparo and Writ of Habeas Corpus in Favor of Alicia Jasper Lucena, 953 SCRA 629,
G.R. No. 252120 September 15, 2020

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SOCIAL JUSTICE AND HUMAN RIGHTS
27. Does the Commission on Human Rights have quasi-judicial powers and can it issue an order
to desist?
No. The CHR does not have quasi-judicial powers. It cannot try and decide cases (or hear and
determine causes) as courts of justice, or even quasi-judicial bodies do. To investigate is not
to adjudicate or adjudge. Cariño vs. Commission on Human Rights, 204 SCRA 483, G.R. No.
96681 December 2, 1991
The CHR also does not have the power to issue an order to desist as it is not investigatorial in
character but prescinds from an adjudicative power that the CHR does not possess. Simon,
Jr. vs. Commission on Human Rights, 229 SCRA 117, G.R. No. 100150 January 5, 1994
NATIONAL ECONOMY AND PATRIMONY
28. Does an exploration permit include the right to extract and utilize the minerals found?
No. An exploration permit does not automatically ripen into a right to extract and utilize the
minerals; much less does it develop into a vested right. The holder of an exploration permit
only has the right to conduct exploration works on the area awarded. Exploration does not
include development and exploitation of the minerals found. An exploration permit is nothing
more than a mere right accorded to its holder to be given priority in the government’s
consideration in the granting of the right to develop and utilize the minerals over the area.
An exploration permit is merely inchoate, in that the holder still has to comply with the terms
and conditions embodied in the permit. Apex Mining Co., Inc. vs. Southeast Mindanao Gold
Mining Corp., 605 SCRA 100, G.R. Nos. 152613 & 152628 November 20, 2009
29. What are the rights of ICCs/IPs to ancestral domains?
(a) Right of ownership;

(b) Right to develop lands and natural resources;
(c) Right to stay in the territories;
(d) Right in case of displacement;
(e) Right to regulate entry of migrants;
(f) Right to safe and clean air and water;
(g) Right to claim parts of reservations; and
(h) Right to resolve. Republic Act No. 8371, Section 7

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LAW ON PUBLIC OFFICERS
30. What is the three-fold responsibility of public officials or employees?
It is a basic principle of the law on public officers that a public official or employee is under a
three-fold responsibility for violation of duty or for a wrongful act or omission. This simply
means that a public officer may be held civilly, criminally, and administratively liable for a
wrongful doing. Tecson vs. SB, G.R. No. 123045, November 16, 1999
31. Is an illegally dismissed government employee who is later ordered reinstated entitled to
back wages and other monetary benefits?
Yes. An illegally dismissed government employee who is later ordered reinstated is entitled
to back wages and other monetary benefits from the time of his illegal dismissal up to his
reinstatement. This is only fair and sensible because an employee who is reinstated after
having been illegally dismissed is considered as not having left his office and should be given
a comparable compensation at the time of his reinstatement. Constantino-David vs.
Pangandaman-Gania, 409 SCRA 80, G.R. No. 156039 August 14, 2003
32. What is the doctrine of condonation?
The condonation doctrine states that a public official cannot be removed for administrative
misconduct committed during a prior term, since his reelection to office operates as a
condonation of the officer’s previous misconduct to the extent of cutting off the right to
remove him therefor. This doctrine was already abandoned in the case of Carpio-Morales.
However, such abandonment must be done prospectively and, as such, for so long as the
elective official had already been reelected prior to April 12, 2016, the day when the
abandonment of the doctrine had been become final, he or she may avail of the doctrine of
condonation as a valid defense to the administrative complaint against him/her. Ching vs.
Bonachita-Ricablanca, 958 SCRA 362, G.R. No. 244828 October 12, 2020

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ADMINISTRATIVE LAW
33. What are the exceptions to the Doctrine of Exhaustion of Administrative Remedies?
The following are the exceptions:
a) When there is a violation of due process;

b) When the issue involved is purely a legal question;
c) When the administrative action is patently illegal amounting to lack or excess of
jurisdiction;
d) When there is estoppel on the part of the administrative agency concerned;
e) When there is irreparable injury;
f) When the respondent is a department secretary whose acts, as an alter ego of the
President, bears the implied and assumed approval of the latter;
g) When to require exhaustion of administrative remedies would be unreasonable;
h) When it would amount to a nullification of a claim;
i) When the subject matter is a private land in land case proceedings;
j) When the rule does not provide a plain, speedy and adequate remedy;
k) When there are circumstances indicating the urgency of judicial intervention, and
unreasonable delay would greatly prejudice the complainant;
l) When no administrative review is provided by law;
m) Where the rule of qualified political agency applies; and
n) When the issue of non-exhaustion of administrative remedies has been rendered
moot. GSIS v. Albert M. Velasco, G.R. No. 196564, August 7, 2017
34. What is the Doctrine of Finality of Administrative Action?
Courts will not interfere with the act of an administrative agency before it has reached finality
or it has been completed. Once a decision or order becomes final and executory, it thereby
becomes immutable and unalterable and any amendment or alteration which substantially
affects a final and executory judgment is null and void for lack of jurisdiction, including the
entire proceedings held for that purpose. Gagui vs. Dejero, G.R. No. 196036, October 23,
2013

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ELECTION LAW
35. What are the issues that may be raised in a pre-proclamation controversy?
The following shall be proper issues that may be raised in a pre-proclamation controversy:
a) Illegal composition or proceedings of the board of canvassers;

b) The canvassed election returns are incomplete, contain material defects, appear to
be tampered with or falsiﬁed, or contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Section 233, 234, 235 and 236 of this Code;
c) The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and
d) When substitute or fraudulent returns in controverted polling places were canvassed,
the results of which materially aﬀected the standing of the aggrieved candidate or
candidates. Section 243, BP 881
36. Can a vice mayor who has become mayor by legal succession still be subject to an ongoing
recall as a vice mayor?
No. A resolution for the recall of a vice mayor becomes moot and academic when said elective
official has become mayor by legal succession. The assumption by legal succession of the vice
mayor as the new mayor is a supervening event which renders the recall proceeding against
such person moot and academic. Afiado vs. Commission on Elections, 340 SCRA 600, G.R.
No. 141787 September 18, 2000
37. What constitutes the prohibition against construction of public works, delivery of materials
for public works and issuance of treasury warrants and similar devices as an election
offense?
The following are the elements of such election offense: (1) any person issues, uses or avails
of treasury warrants or any device forty-five days preceding a regular election or thirty days
before a special election; (2) the warrant or device undertakes the future delivery of money,
goods or other things of value; and (3) the undertaking is chargeable against public funds.
People vs. Ting, 888 SCRA 426, G.R. No. 221505 December 5, 2018

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LOCAL GOVERNMENT
38. What are the requisites for the exercise of eminent domain by an LGU?
The following are the elements:
a) An ordinance is enacted by the local legislative council authorizing the local chief
executive, in behalf of the local government unit, to exercise the power of eminent
domain or pursue expropriation proceedings over a particular private property;
b) The power is exercised for public use, purpose or welfare, or for the benefit of the
poor and the landless;
c) There is payment of just compensation based on the fair market value of the property
at the time of taking; and
d) A valid and definite offer was previously made to the owner of the property, but the
offer was not accepted. Heirs of Suguitan vs. City of Mandaluyong, G.R. No. 135087,
March 14, 2000
39. What are the limitations upon Sanggunians when it comes to propositions or ordinances
approved through the system of initiate and referendum?
Any proposition or ordinance approved through the system of initiative and referendum shall
not be repealed, modified or amended by the sanggunian concerned within six (6) months
from the date of the approval thereof, and may be amended, modified or repealed by the
sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) of all its
members: Provided, That in case of barangays, the period shall be eighteen (18) months after
the approval thereof. Section 125, RA 7160
40. What is an ultra vires act of an LGU?
Generally, an ultra vires act is one committed outside the object for which a corporation is
created as defined by the law of its organization and therefore beyond the powers conferred
upon it by law. There are two (2) types of ultra vires acts: an act which is outside of the
municipality’s jurisdiction is considered as a void ultra vires act, while an act attended only
by an irregularity but remains within the municipality’s power is considered as an ultra vires
act subject to ratification and/or validation. Land Bank of the Philippines vs. Cacayuran, 696
SCRA 861, G.R. No. 191667 April 17, 2013

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41. Does the RTC have jurisdiction to settle a boundary dispute involving barangays in the same
city or municipality?
No. Said dispute shall be referred for settlement to the sangguniang panglungsod or
sangguniang bayan concerned. If there is failure of amicable settlement, the dispute shall be
formally tried by the sanggunian concerned and shall decide the same within sixty (60) days
from the date of the certification referred to. Further, the decision of the sanggunian may be
appealed to the RTC having jurisdiction over the area in dispute, within the time and manner
prescribed by the Rules of Court. Barangay Mayamot, Antipolo City vs. Antipolo City, G.R.
No. 187349, August 27, 2016
42. Is winning in a recall election covered by the three-term limit?
No. After three consecutive terms, an elective local official cannot seek immediate reelection
for a fourth term. The prohibited election refers to the next regular election for the same
office following the end of the third consecutive term. Any subsequent election, like a recall
election, is no longer covered by the prohibition for two reasons. First, a subsequent election
like a recall election is no longer an immediate reelection after three consecutive terms.
Second, the intervening period constitutes an involuntary interruption in the continuity of
service. Socrates vs. Commission on Elections, 391 SCRA 457, G.R. No. 154512, G.R. No.
154683, G.R. Nos. 155083-84 November 12, 2002
PUBLIC INTERNATIONAL LAW
43. What is jus cogens?
Jus cogens, or a peremptory norm of general international law, is a norm accepted and
recognized by the international community of States as a whole as a norm from which no
derogation is permitted and which can be modified only by a subsequent norm of general
international law having the same character. Article 53, Vienna Convention on the Law of
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44. What are the elements of customary norms?
The following are the elements:

a) Duration or long State practice;
b) Consistency of the State practice or the widespread repetition by States of similar
international acts over time;
c) Generality of the State Practice or that the acts are taken by a significant number of
States and not rejected by a significant number of States; and
d) Opinio Juris Sive Necessitatis or the requirement that the acts must occur out of a
sense of obligation.
Provided the consistency and generality of a practice are proved, no particular duration is
required; the passage of time will of course be a part of the evidence of generality and
consistency. A long and, much less, an immemorial, practice is not necessary. Sarmiento,
Public International Law Bar Reviewer, 2016
45. What are the elements of an internationally wrongful act?
There is an internationally wrongful act of a State when conduct consisting of an action or

omission: (a) is attributable to the State under international law; and (b) constitutes a breach
of an international obligation of the State. Article 2, Responsibility of States for
Internationally Wrongful Acts
46. What are the circumstances that preclude the wrongfulness of an international act?
The circumstances that preclude the wrongfulness of an international act are as follows:
a) When the affected State has given a valid consent to the commission of the act by
another State (Id., Art. 20);
b) Self-defense (Id., Art. 21);
c) Countermeasures taken in accordance with Chapter II of part three (Id., Art. 22);
d) Force majeure (Id., Art. 23);
e) An act in situation of distress, where the State has no other reasonable way, of saving
the lives of persons entrusted to its care (Id., Art. 24);
f) The act was necessary and it is the only way for the State to safeguard an essential
interest against a grave and imminent peril (Id., Art. 25); and
g) Compliance with jus cogens or peremptory norms (Id., Art. 26). Responsibility of
States for Internationally Wrongful Acts; Sarmiento, Public International Law Bar
Reviewer, 2016

0917 – 894 53 56
Page 16 of 18
Political Law
PRE-WEEK
47. Against whom can a complaint under a treaty be brought?
A complaint under one of the nine UNHR Treaties can be brought only against a State that
satisfies two conditions. First, it must be a party (through ratification or accession) to the
treaty that provides for the rights which have allegedly been violated. Second, the State party
must have recognized the competence of the committee monitoring that treaty to receive
and consider complaints from individuals. OHCHR, Individual Complaint Procedures under
the United Nations Human Rights Treaties, Fact Sheet No. 7
48. What are the traditionally allowable coercive measures?
The following are the traditionally allowable coercive measures:
a) Severance of diplomatic relations
b) Suspension of diplomatic relations
c) Retorsion is any of the forms of countermeasures in response to an unfriendly act.

Forms of retorsion include shutting of ports to vessels of an unfriendly state,
revocation of tariff concessions not guaranteed by treaty, or the display of naval
forces near the waters of an unfriendly state.
d) Reprisal denotes any kind of forcible or coercive measures whereby one State seeks
to exercise a deterrent effect or obtain redress or satisfaction, directly or indirectly,
for the consequences of the illegal at of another state which has refused to make
amends for such illegal acts. Unlike retorsion, the acts, standing by themselves, would
normally be illegal. Moreover, reprisal must be preceded by an unsatisfied demand
for reparation.
Under the Charter, however, reprisals have been narrowed down especially since
situations likely to cause disruption of peace should be brought to the Security
Council.
e) Embargo is another lawful measure. This can consist of seizure of vessels even in the
high seas. Embargo might also be pacific, as when a state keeps its own vessels for
fear that it might find their way in foreign territory. There can also be collective
embargo, e.g., on import of drugs or of oil.

0917 – 894 53 56
Page 17 of 18
Political Law
PRE-WEEK
f) Boycott is a form of reprisal which consists of suspension of trade or business relations

with the nationals of an offending state.
Some claim that this is a form of economic aggression which should be prohibited by
law.
g) Non-intercourse consists of suspension of all commercial intercourse with a state.
h) Pacific blockade is a naval operation carried out in time of peace whereby a state
prevents access to or exit from particular ports or portions of the coast of another
state for the purpose of compelling the latter to yield to demands made by the
blockading state.
It is essentially a warlike act and therefore frowned upon by the UN Charter. Bernas,
Public International Law, 2009

0917 – 894 53 56
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2023 BAR REVIEW Handout No.

1. Differentiate internal and external self-determination.

2. What is considered “public use” in eminent domain?

3. Does a city’s population have to increase by another 250,000 to be entitled to an additional

Legal Edge Bar Review 0942 – 949 91 76

Inquiries in Aid Question Hour

To elicit information that may To obtain information in pursuit

Discretionary; Congress cannot

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6. Does presidential immunity apply only to official acts of the President?

7. What is the doctrine of qualified political agency?

8. What are the Military Powers of the President?

The following are the Military Powers of the President:

(a) Calling Out Power;

Legal Edge Bar Review 0942 – 949 91 76

Yes. Such entity is considered a government-owned or controlled corporation because the

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No. The jurisdiction of COMELEC to disqualify candidates is limited to those enumerated in

14. Who are Filipinos?

SECTION 1. The following are citizens of the Philippines:

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The following are the levels of scrutiny:

c) Strict scrutiny – applies when a legislative classification impermissibly interferes with

16. Does a convicted national inmate have a right to privacy?

17. What is the O’ Brien test?

Legal Edge Bar Review 0942 – 949 91 76

Legal Edge Bar Review 0942 – 949 91 76

22. What is the Barker Balancing Test?

The determination of inordinate delay is not by mathematical computation, as several factors

23. What is the purpose of the writ of habeas corpus?

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25. When is the writ of habeas data issued?

The existence of a person’s right to informational privacy and a showing, at least by

26. When is the writ of amparo issued?

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SOCIAL JUSTICE AND HUMAN RIGHTS

NATIONAL ECONOMY AND PATRIMONY

29. What are the rights of ICCs/IPs to ancestral domains?

(a) Right of ownership;

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LAW ON PUBLIC OFFICERS

30. What is the three-fold responsibility of public officials or employees?

32. What is the doctrine of condonation?

Legal Edge Bar Review 0942 – 949 91 76

The following are the exceptions:

a) When there is a violation of due process;

34. What is the Doctrine of Finality of Administrative Action?

Legal Edge Bar Review 0942 – 949 91 76

a) Illegal composition or proceedings of the board of canvassers;

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The following are the elements:

40. What is an ultra vires act of an LGU?

Legal Edge Bar Review 0942 – 949 91 76

42. Is winning in a recall election covered by the three-term limit?

PUBLIC INTERNATIONAL LAW

43. What is jus cogens?

Legal Edge Bar Review 0942 – 949 91 76

44. What are the elements of customary norms?

The following are the elements:

45. What are the elements of an internationally wrongful act?

There is an internationally wrongful act of a State when conduct consisting of an action or

Legal Edge Bar Review 0942 – 949 91 76

47. Against whom can a complaint under a treaty be brought?