Political Law Reviewer Guide Sem 1 2013-2014

7/28/2019 Political Law Reviewer Guide Sem 1 2013-2014

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PROF. ALEXIS F. MEDINA

STUDY GUIDE & PERSONAL REVIEWER IN

POLITICAL LAW REVIEW

Briefly explain, differentiate or enumerate.

(Answers Must Be In Your Own Handwriting)

FOR MASTERY OF CONSTITUTIONAL TEXT

Article I, National Territory

1. What comprises the national territory under the 1987 Constitution?2. How is the archipelagic doctrine expressed in the Constitution?

Article IV, Citizenship

3. Who are citizens of the Philippines?4. Who are natural-born citizens of the Philippines?5. What is the effect of marriage to an alien on Philippine citizenship?

Article V, Suffrage

6. Who may exercise the right to suffrage?7. How may overseas Filipinos exercise their right to suffrage?

Article VI, The Legislative Department

8. In whom is legislative power vested?9. What is the composition of the House of Representatives?10. Explain the privilege from arrest of Senators and members of Congress.11. For what activities shall members of Congress be not held liable?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 profession or pursuit of his business?14. What is required for each house to be able to conduct its business?15. What are the powers of each house with respect to its own members?16. 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?17. What are the limitations to Congress power of inquiry?18. When may heads of departments appear before the Senate or House and be heard on matters pertaining to their departments?19. Who has the power to declare the existence of a state of war?20. What may Congress authorize the President to do in case of war or other national emergency?21. What kinds of bills shall originate exclusively in the House of Representatives?22. Under Section 25, Article VI, what are the limitations on the power of Congress to pass appropriation bills?23. Under Section 26, Article VI, what are the limitations on the power of Congress to pass bills in general?24. How does a bill passed by Congress become a law?25. What is the Presidents so-called veto power?26. How can Congress override this?27. What is the power of the President with respect to appropriations, revenue or tariff bills?28. Under Section 28, Article VI, what are the limitations on Congress power to tax?29. What are the limitations on the Congress power to spend public funds?


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Article VII, The Executive Branch

30. In whom is executive power vested?31. What are the qualifications to be elected President?32. Who has the responsibility for the canvassing of the election returns for President and Vice President?33. Give the instances when the Vice President shall serve as President.34. Give a constitutionally provided power of the Vice President.35. How does the Constitution prevent nepotism by the President in the exercise of his appointing powers?36. What are the categories of officials who are subject to the appointing power of the President?37. Who else may have the power to appoint, other than the President?38. State the prohibition on the President, Vice President, Members of the Cabinet and their deputies with respect to the

holding of other offices, exercise of profession and pursuit of business?39. When may the President exercise his calling out powers as Commander in Chief of the armed forces?40. 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?41. For what duration may the President suspend the writ of habeas corpus or declare martial law?42. What is the duty of the President after such suspension or declaration?43. What is the power of the Supreme Court with respect to such suspension or declaration?44. What is the effect of a declaration of martial law?45. What are the limitations to the suspension of the writ by the President?46. In summary, what are the limitations on the powers of the President to declare martial law?47. What are the limitations on the Presidents power to contract or guarantee loans?48. What is required for a treaty or international agreement entered into by the President to be valid?

Article VIII, The Judicial Department

49. In whom is judicial power vested?50. What is judicial power under the 1987 Constitution?51. What are the limitations on the power of Congress to make appropriations for the judiciary?52. What is the power of Congress with respect to jurisdiction of courts?53. What is the limitation on the power of Congress to reorganize the judiciary?54. What are the powers of the Supreme Court?55. State the rule-making power of the Supreme Court56. What is the constitutional requirement for decisions rendered by the courts?57. What is the function of the Judicial and Bar Council?58. Give the safeguards embodied in the Constitution to ensure the independence of the judiciary

Article VI, ARTICLE VII, ARTICLE VIII,

Separation of Powers/Checks & Balances

59. What are the ways by which Congress can check the exercise of power by the President? Briefly explain each.60. What are the ways by which Congress can check the exercise of power by the Judiciary. Briefly explain each.61. What are the ways by which the President can check the exercise of power by Congress. Briefly explain.62. What are the ways by which the President can check the exercise of power by the Judiciary? Briefly explain.
http://president.in/http://president.in/http://president.in/


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Article IX, Constitutional Commissions

63. What are the Constitutional Commissions?64. What are the safeguards to ensure the independence of constitutional commissions?65. What are the powers of the Civil Service Commission?66. What are covered by the civil service?67. What are the criteria for appointments in the civil service?68. What are the only valid causes for removal or suspension of employees or officers in the civil service?69. Do government employees have the right to form unions? Why?70. What is the prohibition on appointment of losing election candidates?71. What is the prohibition on elective officials with respect to their appointment to other public offices?72. What is the prohibition on appointive officials with respect to holding any other office in government? What are the

exceptions?73. What is the rule on double compensation?74. What are the powers of the Commission on Audit?75. What matters are within the exclusive original jurisdiction of the Commission on Elections?

76. What is the power of the Comelec with respect to the enjoyment and utilization of all franchises or permits for theoperation of transportation and other public utilities, or media of communications?

77. What is the specific power of the Commission on Audit with respect to the examination and auditing of funds of thegovernment?

Article X, Local Government

78. What are the territorial and political subdivisions of the Philippines?79. What is the most basic right of local governments?80. What is the role of the President with respect to local governments?81. What is the extent of the taxing power of local governments?

82. To whom should these local taxes, fees and charges accrue?83. What is the requirement for the creation, division, merger, or abolition of a province, city, municipality or barangay?

Article XI, Accountability of Public Officers

84. What is the basic character of a public office? What does this mean?85. Which of these categories required confirmation by the Commission on Appointments?86. Who may be removed from office by impeachment?87. What are the grounds for impeachment?88. How is the process of impeachment initiated?89. Outline the entire impeachment process.90. When is a public officer considered impeached?91. What is the extent of judgments in cases of impeachment?

Article XII, National Economy & Patrimony

92. State the Regalian Doctrine under the 1987 Constitution.93. State the rule on the exploration, development and utilization of natural resources?94. State the rule of preference on the grant of rights, privileges and concessions covering the national economy and

patrimony.95. State the limitations on the grant of franchise for the operation of a public utility.


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96. State the Filipino First policy.97. When may the State temporarily take over a privately owned public utility or business affected with public interest?98. What are the limitations in incurring foreign loans?99. What is the rule on the practice of profession?100. How may the State regulate the formation of private corporations?101. What is the policy of the State with respect to monopolies, restraint of trade and unfair competition?

Article XIII, Social Justice and Human Rights

102. What is the primary function of the Commission on Human Rights?

Article XIV, Education, Science and Technology, Arts, Culture and Sports

103. What is the obligation of the State with respect to the maintenance of a free public education system?104. Under what conditions may the government allow religion to be taught to children in public elementary and high

schools?

105. Who are allowed to own educational institutions?106. Who are allowed to control and administer educational institutions?107. State the prohibition on the establishment of schools for aliens?108. What is academic freedom?

Article XVI, General Provisions

109. What are the prohibitions on members of the military with respect to elections?110. What are the prohibitions on members of the military with respect to appointment to other public office?111. What are the limitations in the ownership of mass media?112. What are the prohibitions on the ownership and management of persons or corporation in the advertising industry?

Article XVII, Amendments and Revisions

113. How may amendments to the Constitution be proposed?114. How may revisions to the Constitution be proposed?115. How may a constitutional convention be called?116. When will an amendment or revision of the Constitution be valid?

Article XVIII , Transitory Provisions

117. What are the requirements for foreign military bases, troops, or facilities to be allowed in the Philippines?

FOR MASTERY OF CONCEPTS,

PRINCIPLES & DOCTRINES

Define, briefly explain, differentiate or enumerate.

POLITICAL LAW INTRODUCTION


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1. Political Law2. Effect of change in sovereignty to political laws3. State4. Elements of a state5. Meaning of sovereignty6. Dominium7. Imperium

8. Distinguish a de facto from a de jure government9. Distinguish a presidential system from a parliamentary system

The Constitution in General

10. Constitution defined11. Parts of a written constitution12. Doctrine of constitutional supremacy13. Self-executing and non-self-executing provisions of the Constitution14. What are the two essential elements for a petition to be considered valid under Sec. 2, Article XVII of the

Constitution on amendments directly proposed by the people through initiative? How can these elements be met?15. What is the difference between amendment and revision of the Constitution?16. May amendments to the Constitution be proposed directly by the people through an initiative petition? Why?

17. Is the system of initiative on the Constitution under the Constitution self-executory? Why?18. May the people directly propose amendments to the Constitution through the system of initiative? Why?

State Principles and Policies

19. What is a republic state?20. Why is the Philippine state considered a democratic state? State your constitutional basis.21. What is the policy of the Philippine State with respect to war?22. What are generally accepted principles of international law?23. In what ways is the separation of Church and State ensured under the Constitution?24. May Congress legalize abortion? Give your legal basis?25. What is the Constitutional policy on nuclear weapons?26. What is the policy of the Philippine State with regard to political dynasties?27. What is the policy of the Philippine State with regard to disclosure of government transactions?

Citizenship

28. Who are citizens of the Philippines under the 1987 Constitution?29. Who are citizens of the Philippines at the time of the adoption of the 1987 Constitution?30. Who are citizens of the Philippines at the time of the adoption of the 1973 Constitution?31. Who are citizens of the Philippines at the time of the adoption of the 1935 Constitution?32. How is Philippine citizenship acquired?33. Election of citizenship34. Naturalization35. Judicial vs. Administrative naturalization36. How is citizenship lost?

37. Is holding of a foreign passport equivalent to effective renunciation of citizenship? Give your jurisprudential basis.38. Is registration as an alien with the Bureau of Immigration equivalent to effective renunciation of citizenship? Give

your jurisprudential basis.39. How is citizenship reacquired?40. What is repatriation?41. How citizenship is retained or reacquired under Republic Act 922542. Effects of citizenship reacquisition under Republic Act 922543. Rights of those who reacquire their citizenship under Republic Act 922544. Requirement to run for public office for those who reacquire citizenship under Republic Act 922545. Naturalization v. Repatriation46. Dual allegiance vs. Dual citizenship


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National Territory

47.Archipelagic doctrine48.What are the specific islands or territories included in the phrase Philippine archipelago?49.What are the territories included in all other territories over which the Philippines has sovereignty or jurisdiction?50.What is the so-called baseline method?51.Does the Philippines conform to the archipelagic concept under the UN Convention on the Law of the Sea?52.What are the territories included in all other territories over which the Philippines has sovereignty or jurisdiction?

State immunity from suit

53. Meaning of State immunity from suit54. What suits are considered a suit against a state55. May officers of the government who exceeds the power conferred upon them by law hide under the principle of

sovereign immunity from suit? Why?56. 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?

57. How state consent to be sued is given58. How is express consent to be sued given?59. How is implied consented to be sued given?60. Are all contracts entered into by the government considered as waiver of its immunity from suit? Why?61. Suability vs. Liability62. Consent to be sued vs. consent to execution63. May the courts issue writs of execution against the government? Why?64. How must enforcement or satisfaction of a judgment against the State be pursued?

STRUCTURE AND POWERS OF GOVERNMENT

Principles & Policies of the Philippine State

65. How is the principle of People Power reflected in the 1987 Constitution?66. Republicanism67. Civilian supremacy over the military68. Does the deployment of the military for civilian law enforcement necessarily constitute a violation of the civilian

supremacy clause? Why?69. What are generally accepted principles of international law? Give examples?70. How is the principle of separation of Church and State ensured under the 1987 Constitution?71. What are the exceptions to the principle of separation of Church and State under the 1987 Constitution?72. Protection for the life of the unborn73. Intergenerational responsibility74. Meaning of social justice

Structure of Government in General

75. Separation of Powers76. Blending of powers77. What is the meaning of judicial supremacy?78. Power of judicial review in general79. Requisites for judicial review80. What is the case or controversy requirement in the exercise of judicial review?81. What is the meaning of ripeness requirement in the exercise of judicial review82. Moot and academic principle83. Locus standi84. When does a taxpayer, legislator, voter or citizen have locus standi?


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85. Direct injury test86. What is the meaning of redressability as a requirement of judicial review?87. What is the meaning of causation as a requirement of judicial review?88. May the unborn have standing to sue in court? Why?89. Doctrine of transcendental importance90. Meaning of earliest opportunity91. Meaning of lis mota requirement

92. What is the reason behind the lis mota requirement?93. Judicial restraint94. Political questions95. May the courts supplant the executive? Why?96. Can courts pass upon the wisdom and soundness of an executive decision? Why not?97. Examples of political questions based on jurisprudence98. EDSA People Power I v. EDSA People Power II99. Status of an unconstitutional law100. Doctrine of operative fact

The Legislative Branch

101. Legislative power 102. In whom is legislative power vested?103. Limitation on legislative power: Passage of irrepealable laws104. Limitation on legislative power: Non-delegation105. Delegation of legislative power: Requisites for validity106. Composition of the House of Representatives107. How are legislative districts apportioned? How can they be reapportioned?108. Parameters of Philippine-style party list elections109. How party list seats are to be filled up110. May Congress impose additional qualifications for membership in Congress? Why?111. Privilege of Speech or Debate112. When is a speech or debate of a Member of Congress considered privileged?113. Privilege from Arrest114. 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?115. What are the alternatives for Congress Bicameral Conference Committee in terms of harmonizing bills from both

Houses?116. Amendment by Substitution117. Basis and concept of congressional oversight118. What is a legislative veto? Is it valid?119. Does the House of Representatives on its own validly exercise legislative power?120. What are the two basic steps required before a bill becomes a law?121. May Congress empower itself to approve the implementing rules of a law, after a law has already taken effect?

Why?122. Power of inquiry123. What power is included in the power of inquiry?124. Power of inquiry v. Legislative power 125. What are the limitations to the power of Congress to conduct legislative inquires?126. Inquiry in aid of legislation v. Question hour 127. What is the difference between the power of inquiry of Congress and the right of the people to information on

matters of public concern?128. What is the remedy of Congress in case the President refuses to allow members of the military to appear before

Congressional inquiries?129. Enrolled Bill doctrine130. Power of the Supreme Court to invalidate acts of non-compliance to internal rules of Congress131. Rider 132. Germaneness test133. Veto of a provision v. veto of an item134. What is an inappropriate provision?


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135. May courts of law review a budget passed by Congress to determine if such budget is reasonable or sufficient?Why?

136. What is the power of Congress with respect in relation to the power of the President to appoint?137. In prescribing qualifications for Presidential appointees, what is the limit to the power of Congress?138. Can Congress make a law effective immediately upon approval, even before or without previous publication? Why?

The Executive Branch

139. Executive power 140. Unitary Executive141. Presidential immunity142. Presidential privileges143. Nepotism rule144. Power of control145. What is the extent of the Presidents power of control?146. Power of control v. Power of supervision147. Doctrine of qualified political agency148. Legal bases of the power of the president to reorganize the Executive branch149. May the President reorganize the entire national government?

150. Power of appointment151. In whom may Congress vest the power to appoint lower ranked officers?152. Is the Presidents power to appoint subject to legislative limitations?153. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the

President? Why?154. Ad interim appointment v. Acting appointment155. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment?156. What is the difference between a disapproved and a by-passed ad interim appointment?157. Midnight appointments158. Power of removal159. Limitations on the power of removal160. Powers of the President as Command-in-Chief 161. What is the extent of the power of the President as commander-in-chief of the Armed Forces of the Philippines?162. Does the President have the power to restrict the speech of members of the Armed Forces? Why?163. Does the President have the power to restrict the mobility of members of the Armed Forces? Why?164. Why does the President have the power to prevent a member of the Armed Forces from testifying before a

legislative inquiry?165. Veto power 166. Distinguish the power of the President to veto a bill and his power to veto a particular item in an appropriation bill167. The Presidents Ordinance power 168. Power of general supervision over local governments169. Supervision defined170. Presidents power to investigate and discipline local government officials171. Who is the sole organ of the State in external relations?172. Treaty-making power of the President173. Explain the nature of the act of ratification of a treaty.174. What is the limitation to this power?175. Power of the President to declare a national emergency vs. Exercise of emergency powers176. What are the powers of the President which may not be delegated to or exercised by an agent or alter ego of the

President?177. May the Presidents borrowing power be exercised by his or her alter ego, the Secretary of Finance? Why?178. Is the exercise of judicial review meant to supplant the Executive?179. What is the extent of the Presidents power to reorganize executive departments, bureaus and offices?180. Residual powers181. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why?182. Please explain the power of the president to keep the peace?183. Presidential immunity from suit184. Scope of presidential immunity from suit185. Executive privilege


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186. Varieties of executive privilege187. Presidential communications privilege188. Doctrine of operational proximity189. What are the elements of the so-called presidential communications privilege?190. Are communications within the executive privilege absolutely protected by the Constitution? Explain.191. What must be shown to overcome this privilege?192. Is executive privilege a bar to the possible disclosure of crime or wrongdoing?

193. How should the claim of executive privilege be invoked?194. What are required of the Congressional committee conducting a legislative inquiry when inviting a person to appear

before it?195. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials?

Why?196. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why?197. Who has the power to invoke executive privilege?198. May the President require that all executive officials to seek prior consent before attending a legislative inquiry?199. What should be given to officials summoned by Congress on matter which might covered by executive privilege?200. What is the presumption with respect to presidential communications?201. What is the nature of the power of the President to enter into executive agreements or to secure foreign loans?202. Who are the officers covered by the doctrine of operation proximity?203. How should the Congress overturn this presumption?

204. Is the final text of an international agreement privileged? Why?205. Are the offers exchanged by the parties during the negotiations toward an international agreement privileged? Why?206. What is the character of the diplomatic negotiations privilege?207. How can the presumption of the privileged character of diplomatic negotiations be overcome?208. Distinguish pardon from amnesty

The Judiciary

209. Judicial power under the 1987 Constitution210. Judicial power as a duty211. Judicial restraint212. Fiscal autonomy213. What can the Supreme Court specifically do because of its fiscal autonomy214. Automatic release of appropriations defined215. What should be given to entities vested with fiscal autonomy in terms of their appropriations?216. Is a revenue shortfall a valid justification to withhold the release of funds of these Constitutional bodies?217. Administrative supervision of the Supreme Court218. Rule-making power of the Supreme Court219. Why rule-making is now an exclusive power of the Supreme Court220. Power of the Supreme Court to control the execution of its decision as an essential aspect of jurisdiction221. Decision-making process in the Supreme Court222. What vote is required for the Supreme Court modify a doctrine of law set down in a case decided by the Supreme

Court?

FUNDAMENTAL POWERS OF THE STATE

Police power

223. Police power defined224. Police power v. taxation & eminent domain225. Taxing and eminent domain powers as implements of police power 226. Who may exercise police power 227. Limitations on police power 228. Requisites for a valid exercise

Power of eminent domain


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229. Eminent domain defined230. Eminent domain vs. police power 231. Eminent domain vs. power of taxation232. Eminent domain as an implement of police power 233. Who may exercise the power of eminent domain234. Constitutional limitations on eminent domain

235. Give at least four common actions that constitute taking236. Requisites for a valid exercise of eminent domain237. For the taking to be considered for public use, is it required that the public be able to use the property? Briefly

explain.238. Meaning of necessity239. Meaning of just compensation240. What is the meaning of due process in eminent domain proceedings?241. When should just compensation be paid242. What is the effect of delay in payment?243. Abandonment of intended use and right of repurchase244. When is the reckoning point for determining for determining the value of the property for purposes of just

compensation? Is there any exception to the general rule? Briefly explain.245. Who has the ultimate authority to determine just compensation?

THE BILL OF RIGHTS

246. State action doctrine

Due Process

247. Due process defined248. Relativity of due process249. Constitutional and statutory due process250. Protection guaranteed by the due process clause251. Who are protected by the due process clause252. Basic requirement for invoking the right to due process:There must be a deprivation of life, liberty or property253. Meaning of life254. Meaning of liberty255. Meaning of property256. Aspects of due process257. Meaning of procedural due process258. Meaning of substantive due process259. Requirements of procedural due process260. Requirements of substantive due process261. Levels/Standards of review under substantive due process262. Effect of failure to comply with notice and hearing requirements263. Exceptions to the general rule requiring notice and hearing264. Due process and the right to privacy265. Void for vagueness doctrine266. Publication of laws as a requirement of due process

Equal Protection

267. Meaning of equal protection clause268. Valid and invalid classifications269. Requirements for a valid classifications270. Standards of review271. When does the strict scrutiny test of the Equal Protection Clause apply?


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Right to privacy in general

272. Is there a right to privacy specifically guaranteed under the Constitution? Briefly explain.273. What are the Constitutional provisions that protect an individuals right to privacy?274. Give at least five subject matters involving personal decisions that are protected under the right to privacy

Privacy of Communication

275. Types of communication protected by the right to privacy of communication and correspondence: Is it a protectionagainst illegal wiretaps?276. What are the conditions for permissible intrusion into the privacy of communication and correspondence?277. How does the Writ of Habeas Data ensure protection of the privacy of communication?278. May detention guards read the letters of prisoners or persons under government detention? State your legal basis.279. What is the effect of a violation of this right?

Freedom of Speech, Expression and of the Press

280. Meaning of the right to free expression

281. Aspects of the freedom of speech282. Freedom from prior restraint283. Examples of prior restraint284. Content-neutral regulation285. Content-based regulation

286.What is the presumption with respect to prior restraints?287. Invalid and Valid prior restraints288. Clear and present danger test289. Balancing of Interest test290. Dangerous tendency test291. Conscientious objector test292. Compelling state interest test293. What is a facial challenge of a law?294. Void-for-vagueness doctrine295. Overbreadth doctrine296. How may the government regulate the broadcast media?297. Commercial Speech298. Private v . Government Speech299. Hecklers Veto300. What is unprotected speech? What are the so-called unprotected speech?301. What is the Miller Test?302. What is the test to determine if seditious speech is punishable?303. What are the elements of libel?304. Public figure doctrine305. Fair commentaries on matters of public interest

Liberty of abode & right to travel

306. What are the limitations to the liberty of abode?307. When may the right to travel be impaired?308. Are hold departure orders and immigration watch lists valid?309. What is the legal basis of the right to return to ones country?

Right to information

310.What are the limitations to the right to information?311. Public records and documents312. Access to courts


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313. Access to government contracts314. Access to diplomatic negotiations

Unlawful Searches & Seizures

315. When does the search or seizure violate the Constitution?316. What is the basic requirement for the Constitutional prohibition to apply?

317. When is there a government or state action?318. In general, when is a search unreasonable?319. What are the requirements for a valid search warrant?320. What are the requirements for a valid arrest warrant?321. When may a warrantless search be deemed valid?322. Probable cause323. Limitations on a search incident to a lawful arrest324. Requirements for a valid search of a moving motor vehicle325. Requirements for seizure of evidence in plain view326. Requirements for a valid consented search327. Terry search.328. Requirements for a valid Terry search329. Are warrantless searches pursuant to routine airport security procedure valid?

330. Do mandatory drug, alcohol and blood tests violate the right against unreasonable searches? Explain331. What is the basic requirement in all valid warrantless searches?332. What are the consequences of an unlawful search or seizure?333. Exclusionary rule334. Fruit of the poisonous tree doctrine335. Valid instances of warrantless arrests336. Meaning of probable cause for a valid warrantless arrest337. Requirements for a valid in flagrante arrest338. Overt act requirement339. Requirements for a valid hot pursuit arrest340. Administrative arrest341. Legality of drug, alcohol and blood tests

Rights of persons under investigation

342. What are the Constitutional rights or Miranda rights of persons under investigation for the commission of anoffense?

343. At what point will these rights become available to a person?344. What does custodial investigation mean?345. Are these rights available during a police line up?346. May these rights be invoked in administrative investigations?347. State the Supreme Courts guidelines on Miranda rights as expressed in the case of People v. Mahinay348. State the rule on extra-judicial confessions349. Meaning of right to be informed350. Meaning of right to counsel351. How may these rights be waived?352. What are the requisites for a valid waiver?353. Exclusionary rule in relation to violation of Miranda rights

Freedom of religion

354. What does the Non-establishment clause mean?355. What are the provisions in the Constitution that support the Non-establishment clause?356. State the provisions in the Constitution that allow State support or entanglement with religion?357. What are the requirements for religion to be taught in public elementary and high schools?358. What is the so-called Lemon Test?359. Benevolent accomodation or neutrality test


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360. What does the Free-exercise clause mean?361. What are the two basic aspects of religious freedom?362. Which one is absolute?363. What is the belief-action test?364. What kind of protection is accorded to religious speech and expressive religious conduct?365. What kind of protection is given to religious conduct?366. What is the sole valid justification for a prior restraint or limitation on religious freedom?

367. What is the compelling state interest test from a benevolent neutrality stance?368. What are the steps to be followed to apply this test?

Rights of the accused under Section 14

369. What are the rights of the accused under Section 14, Article II of the Constitution?370. Essential requirements of criminal due process371. Delay in the resolution of a case as a violation of due process372. The right of the State to due process373. Presumption of innocence374. Presumption of regularity of performance of official duty vs. presumption of innocence375. Give at least four procedural consequences of the right to be presumed innocent?376. Equipoise rule

377. Right to be heard by himself and counsel378. May the accused waive his right to counsel during trial?379. Is the right of the accused to choose his own counsel during trial absolute?380. When is negligence of counsel considering denial of right to be heard?381. Meaning of right of the accused to be informed of the nature and cause of the accusation against him382. What are the requirements of this right?383. Give the procedural consequences of the right to be informed?384. What must be alleged in the criminal information?385. May the accused be convicted of a crime for which he was not charged? Briefly explain?386. Can the accused waive his right to counsel during trial?387. Can the accused waive his right to be informed of the nature and cause of the accusation against him?388. Meaning of speedy trial389. Meaning of impartial trial390. Meaning of public trial391. Meaning of right to meet witness face to face392. Actual cross-examination vs. opportunity to cross-examine393. Meaning of right to compulsory process394. What are the requisites for compelling the attendance of witnesses or production of evidence in behalf of the

accused?395. Trial in absentia396. When is the presence of the accused mandatory?

Right to bail

397. Who is entitled to bail?398. When is bail a matter of right?399. When is bail a matter of discretion?400. Does a person who is not under detention have a right to bail?401. Does a person under detention but not yet formally charged have a right to bail?402. Is the hearing for the application for bail mandatory?403. After receiving an application for bail, what are the things that a judge must do?404. When is a hearing bail is discretionary, what is mandatory405. When bail is discretionary, what is the burden of the prosecution?406. What must it do to discharge this burden?407. What is the limitation on the power of the court to set bail?408. Does a prospective extradite have the right to bail? Is the right to bail limited to criminal proceedings? Briefly

explain.409. Do soldiers under court martial have the right to bail?


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Legal assistance & access to courts

410. Free legal assistance411. Free access to courts

Habeas corpus, habeas data, amparo

412. What is the writ of habeas corpus?413. Give instances when this privilege is available?414. When may this privilege be suspended?415. What are the limitations to the power to suspend this privilege?416. Writ of amparo417. What rights are protected by the writ of amparo?418. What remedies may be obtained under the writ of amaparo?419. Writ of habeas data420. What rights are protected by the writ of habeas data?421. What remedies may be obtained under the writ of habeas data?422. Writ of habeas corpus v. writ of amparo423. Writ of habeas corpus v. writ of habeas data

424. Writ of amparo v. writ of habeas data425. Is the principle of command responsibility applicable in a petition for a writ of amparo?426. Is the writ of amparo a remedy against the actions of private individuals?

Right against self-incrimination

427. May a person not accused of a crime avail of this right?428. When m ay this right be invoked?429. What kind of compulsion does this right cover?430. Is the use of the body of the accused as evidence violative of this right?431. May the accused be compelled to produce documents, papers and chattels that may be used against him?432. May the accused be compelled to produce a specimen of his handwriting that will be used against him?

Right to speedy disposition of cases

433. State the right to speedy disposition of cases?434. Who is entitled to this right?435. How is this right to different to the right to speedy trial?

Right against involuntary servitude

436. What are the instances when involuntary servitude is deemed valid?

Prohibited punishments

437. What kinds of punishments are prohibited under Section 10, Article III of the Constitution?438. When is a punishment cruel, degrading or inhuman?439. When may Congress impose the death penalty?440. Is death by lethal injection cruel and unusual punishment?441. When is a fine excessive?

The right against double jeopardy

442. What is the basic meaning of the right against double jeopardy?443. What are the three related protections covered by this right?444. What are the requisites for double jeopardy to attach?


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445. What are the exceptions to the rule that jeopardy will not attach if the case is dismissed with the consent of theaccused?

446. What is the finality of acquittal rule?447. What are the exceptions to this rule?448. What is the same evidence test?449. To raise double jeopardy as a defense, must the second offense be the same as the first? Briefly explain.450. What is the rule on supervening facts?

451. When may courts review a judgment of acquittal?

Prohibition on ex post facto laws and bills of attainder

452. Give at least six kinds of ex post facto laws453. What are the characteristics of an ex post facto law?454. Meaning of a bill of attainder 455. Characteristics of a bill of attainder 456. May a bill of attainder be an ex post facto law?457. May an ex post facto law be at the same time a bill of attainder?

PUBLIC OFFICERS

458. How are public offices created?459. Is a public office property?460. Who are public officers?461. Who has the power to prescribe qualifications for public office?462. What are the modes of acquiring title to public office?463. What is the meaning of appointment?464. Appointment v. designation465. What is the basic nature of the power to appoint?466. What are the modes and kinds of appointment?467. What are the eligigility and qualification requirements for specific public offices?468. What are the disabilities and inhibitions of specific public officers?469. What are the requirements for a valid appointment to the civil service?470. What is the role of the Civil Service Commission with regard to the appointment process?471. Who are career and non-career officers of the civil service?472. What are the steps in the appointment process?473. When is an appointment considered complete?474. May an appointment be revoked or recalled? How?475. Permanent v. Temporary appointment476. Holder-over concept477. State the nepotism rule under the Administrative Code478. State the nepotism rule under the Local Government Code479. State the nepotism rule under the Constitution480. What are primarily confidential positions?481. Next-in-rank rule482. What are the requirement for appointment to the Career Executive Service?483. What is the meaning of security of tenure of those in the CES?484. What is the basic remedy to question the right of a person to hold an appointive or elective office?485. May title to public office be attacked collaterally?486. What are the powers and duties of public officers in general?487. What are the liabilities of public officers?488. What ar the rights of public officers489. Preventive suspension and back salaries490. Illegal dismissal, reinstatement and back salaries491. Immunity of public officers492. De facto officers493. Are de facto officers entitled to salaries?494. May salaries of public officers be garnished?495. State the constitutional restriction on double compensation496. Termination of Official Relation


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497. Scope of civil service498. Criterion for appointment and mode of selection499. Accountability public officers500. State the prohibition against partisan political activity501. May civil servants engage in a strike?502. What is the meaning of security of tenure?503. Who are covered by security of tenure?

504. Give examples of personnel actions that amounts to illegal dismissal.505. What is the jurisdiction of the Civil Service Commission with regard to disciplinary actions against members of the

civil service?506. What is the extent of the disciplinary powers of the President with respect to appointive officials?507. What is the extent of the disciplinary powers of the President with respect to local officials?508. What are specific grounds for removal or suspension in the civil service?509. Who may impose preventive suspensions of public officers?510. When is reinstatement with backwages allowed?511. Is preventive suspension without pay allowed? Briefly explain.512. What is the limitation on the power to reorganize or abolish public offices?513. When is a reorganization or abolition of office in bad faith?514. When is there an abandonment of office?515. What is the liability of public officers for unexplained wealth?

516. When may a public officer be liable for the acts of his subordinates?517. Impeachment518. Powers of the Ombudsman519. Judicial review of Ombudsman proceedings and resolutions

ADMINISTRATIVE LAW

520. How are administrative agencies created?521. Powers of administrative agencies in general522. Meaning Quasi-Legislative (Rule Making) power 523. Kinds of administrative rules and regulations524. Requisites for validity525. Publication: when and when not required526. Quasi-judicial (Adjudicatory) power 527. Meaning and requirement of administrative due process\528. Administrative appeal and review529. Administrative res judicata530. Explain the fact-finding, investigative, licensing and rate-fixing powers of administrative agencies531. Are notice and hearing required for the issuance of an administrative rule? Briefly explain.532. Are notice and hearing required for the issuance of a decision or resolution in the exercise of adjudicative functions?

Briefly explain.533. What are the judicial recourses, remedies or modes of review of the exercise of quasi-legislative powers of an

administrative agency?534. What are the judicial recourses, remedies or modes of review of the exercise of quasi-judicial powers of anadministrative agency?535. Doctrine of primary administrative jurisdiction536. Doctrine of exhaustion of administrative remedies537. Exceptions to the doctrine of exhaustion538. Doctrine of finality of administrative action539. Power of administrative agencies to cite for contempt: when and when not available

ELECTION LAW

540. Meaning of suffrage541. Initiative542. Referendum543. Plebiscite

Who may elect


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544. Who may exercise this right: Qualification and disqualification of Voters545. Registration of voters546. Who has jurisdiction over inclusion and exclusion proceedings547. Who may vote under the absentee voting law?548. May dual citizens vote in Philippine elections?

Who may be elected

549. Qualification of individual candidates550. Residency, meaning and elements551. Change of residency: requisites552. Disqualifications of individual candidates under the Constitution553. Disqualification of individual candidates under statutes554. Qualification and disqualification of party list candidates555. Qualification and disqualification of party list nominees

Other actors in the election process

556. State the powers of the Commission on Elections under the Constitution.

557. What are the conditions for the Comelec to exercise its power to regulate the media or public utilities?558. May the Comelec compel newspapers to give free print space to candidates to ensure equal opportunities duringelections? Briefly explain.

559. May the Comelec prevent the publication of surveys of voter preference during the election period? Briefly explain.560. What are the prohibitions on members of the armed forces and the civil service during elections?561. May the Comelec ban the media from conduct and publication of exit polls on elections? Why?562. May the Comelec ban the conduct of election surveys? Why?

The electoral process

563. Election period564. Effect of filing on appointive and elective officers565. Substitution of candidates566. Withdrawal of candidates567. Nuisance candidates568. Petition to Deny or Cancel Certificates of Candidacy569. Give the various grounds for disqualification under the Omnibus Election Code.570. Effect of Disqualification571. Distinguish: disqualification v. cancellation of certificate of candidacy572. Prohibited acts during campaign573. Prohibited contributions574. Limitations on campaign expenses575. Statements of contributions and expenses576. Premature campaigning, is it illegal? Briefly explain.577. Powers of the board of election inspector in general578. Powers of the board of canvassers in general579. Explain the duty of the Board of Canvassers to proclaim the winner.580. Doctrine of statistical improbability

Remedies in election law 581. Petition Not to Give Due Course to Certificate of Candidacy: When can it be filed and on what ground/s582. Petition to Declare Failure of Elections: When can it be filed and on what ground/s583. Pre-Proclamation Controversy: When can it be filed and on what ground/s584. What are manifest errors?585. What are the grounds to declare failure of elections?586. Election Protest: When can it be filed and on what ground/s587. Quo Warranto: When can it be filed and on what ground/s588. Election protest v. quo warranto


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589. Who may prosecute individuals for election offenses590. Outline the jurisdiction of various courts/tribunals in election controversies

LOCAL GOVERNMENTS

591. Concept of public corporations


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592. Public corporations v. Government-Owned or Controlled Corporations593. Classifications of public corporations594. Elements of municipal corporations595. Nature and function of municipal corporations596. Requisites for Creation, Conversion, Division, Merger or Dissolution597. Meaning of local autonomy

598. Meaning of fiscal autonomy599. Extent and limitation of LGUs taxing power 600. Exent and limitation of LGUs eminent domain power 601. Extent and limitation of LGUs police power 602. Extent and limitation of power to close and open roads603. Extent and limitation of legislative power 604. Liability for torts and contracts605. May local governments be sued?606. Are properties of local governments exempt from execution?607. Requisites for entering into a valid contract608. Doctrine of implied municipal liability609. Settlement of boundary disputes610. Succession of elective officials

611. Discipline of local officials: Who may exercise and on what grounds612. State the nepotism rule under the Local Government Code613. Preventive suspension614. Removal615. Administrative Appeal616. Doctrine of Condonation617. Appointive Officials618. Recall619. Term Limits

NATIONAL ECONOMY AND PATRIMONY/SOCIAL JUSTICE & HUMAN RIGHTS/EDUCATION, SCIENCE,TECHNOLOGY, ARTS, CULTURE AND SPORTS

620. Meaning of Regalian Doctrine621. Filipino first policy622. Meaning of academic freedom623. May aliens own lands in the Philippines? What are the exceptions to this rule?

PUBLIC INTERNATIONAL LAW

624. Meaning of international law625. Give two examples of general principles of law recognized by civilized nations.626. Give examples of principles recognized as customary international law.627. Obligations Erga Omnes628. Jus Cogens629. Concept of Aeguo Et Bono630. What is soft law?631. What is the doctrine of incorporation?632. Which should prevail? International law or municipal law?633. What are the recognized sources of international law?634. What are the two basic elements of customary international law?635. What is the difference between a treaty and an international agreement?636. Who are the subjects of international law?637. Cardinal principles under the United Nations charter 638. When is the use of force by States permitted under international law?639. May states that are not signatories to the UN Charter be bound by the UN Charter?640. Role and function of the General Assembly, Security Council and International Court of Justice641. Diplomatic and consular law in general


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642. What are the immunities enjoyed by diplomatic agents?643. What protections are guaranteed to premises of embassies, cars, correspondence, and residences of diplomatic

agents?644. State the immunities of a diplomatic agent from the jurisdiction of the receiving state. Give the exceptions, if any.645. What is the meaning of persona non grata?646. What is a treaty?647. Requisites for validity of treaties.

648. What are the grounds for termination of treaties?649. What is the meaning of rebus sic stantibus?650. Treatment of Aliens651. Extradition, fundamental principles and procedure652. Extradition v. deportation653. Jurisdiction of states: territoriality principle654. Nationality principle and statelessness655. Nationality principle656. Protective principle657. Universality principle658. Passive personality principle659. How may conflict of jurisdiction of states be settled?660. Give at least 5 valid modes of acquiring territory under international law.

661. Law of the Sea in general662. United Nations Convention on the Law of the Sea663. Baselines664. Archipelagic States

(1) Straight Archipelagic Baselines(2) Archipelagic Waters(3) Archipelagic Sea Lanes Passage

665. What are internal waters?666. What are the rights of states with respect to their internal waters?667. What is the territorial sea?668. Give at least four examples of acts that are not deemed exercise of innocent passage under the UNCLOS.669. What are the rights of a state with respect to its territorial sea?670. What is the exclusive economic zone?671. What are the rights of a state with respect to its exclusive economic zone?672. What is a continental shelf?673. What are the rights of a state with respect to its continental shelf?674. What is the extended continental shelf?675. What are the rights of a state with respect to its extended continental shelf?676. What is the hot pursuit doctrine?677. Tribunal of the Law of the Sea678. When and how does the Tribunal of the Law of the Sea acquire jurisdiction over a dispute?679. What is the doctrine of state responsibility?680. What are the peaceful means of settling international disputes?681. What is the jurisdiction of the ICJ in contentious jurisdiction?682. When may the ICJ issue advisory opinions?683. How binding are decisions of the ICJ?

684.State the rights protected under the Universal Declaration of Human Rights685. State the rights protected under the International Covenant on Civil and Political Rights (ICCPR)686. State the rights protected under the International Covenant on Economic, Social and Cultural Rights (ICESCR)687. International Armed Conflicts688. Internal or Non-International Armed Conflict689. War of National Liberation690. Core International Obligations of States in International Humanitarian Law691. Treatment of Civilians692. Prisoners of War 693. Law on Neutrality694. Distinguish the jurisdictions of the International Court of Justice and the International Criminal Court.695. May the International Criminal Court acquire jurisdiction over the person of the Head of State of a signatory State?696. Under the ICJ Statute, may a superior officer be held responsible for the crimes committed by forces under his


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command? Briefly explain697.International Environment Law: Give at least seven basic principles of international environmental law and briefly explain

each.698. Principle 21 of Stockholm Declaration699. What is the Madrid system for international registration of trademarks? What is the Madrid protocol?700. What is the importance of the of the Paris Convention on the Protection of Industrial Property?

ASSIGNED CASES (selected recent jurisprudence)

1. Biraogo v. Philippine Truth Commission, 07 December 20102. Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 20103. De Castro v. Judicial and Bar Council, 17 March 20104. Neri v. Senate Committee on Accountability of Public Officers, 25 March 20085. Neri v. Senate Committee, 04 September 20086. Lawyers Against Monopoly v. Sec. of Budget and Management, April 24, 20127. Petition for Recognition of Exemption of GSIS from Payment of 8. Docket Fees, 11 February 2010, A.M. No. 08-2-01-09. Ang Ladlad LGBT Party v. Comelec, April 8, 201010. Funa v. Commission on Audit, G.R. No. 19279111. City of Manila v. Laguio Jr., 455 SCRA 308

12. Chavez v. Gonzales, 15 February 200813. Pollo v. David, GR No. 181881, 18 October 201114. People v. Ng, G.R. No. 180452, January 10, 201115. Social Justice Society v. Dangerous Drugs Board, G.R. No. 157870, November 3, 200816. Alejano v. Cabuay, 25 August 200517. Lumanog v. People, G.R. No. 182555 : September 7, 201018. Carbonnel v. Civil Service Commission, G.R. No. 187689, 07 September 201019. Govt of Hong Kong v. Olalia, 19 April 200720. Secretary of National Defense v. Manalo, 07 October 2008, G.R. No. 18090621. Rodriguez v. Arroyo, 15 November 2011, G.R. No. 19180522. Balao v. Arroyo, G.R. No. 186050, 13 December 201123. Castillo v. Cruz, G.R. No. 182165, 25 November 200924. Navia v. Pardico, June 19, 2012, GR Nos. 18446725. League of Cities of the Philippines v. Comelec, G.R. No. 176951, April 12, 201126. Japzon v. Comelec, 19 January 200927. Nicolas-Lewis v. Comelec, 04 August 200628. Abdul Gaffar P.M. Dibaratun v. Comelec, 02 February 201029. Mitra v. Comelec, 02 July 201030. Quinto v. Comelec, 22 February 201031. Penera v. Comelec, G.R. No. 181613, 25 November 200932. Bedol v. Commission on Elections, 03 December 2009, G.R. No. 179830)33. Nacu v. Civil Service Commission, G.R. No. 187752, 23 November 201034. Bayan Muna v. Romulo, G.R. No. 159618, 01 February 201135. Magallona v. Ermita, G.R No. 187167, July 16, 201136. Chavez v. Judicial and Bar Council, G.R. No. 202242, July 17, 201237. Luz v. People, G.R. No. 197788, February 29, 2012

Political Law Reviewer Guide Sem 1 2013-2014

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