COVERAGE

POLITICAL AND INTERNATIONAL LAW

2015 BAR EXAMINATIONS
I.

The Philippine Constitution

A.

Constitution: definition, nature and concepts

B.

Parts

C.

Amendments and revisions

D.

Self-executing and non-self-executing provisions

E.

General provisions

II.

General Considerations

A.
1.

National territory
Archipelagic doctrine

B.

State immunity

C.

General principles and state policies

D.

Separation of powers

E.

Checks and balances

F.

Delegation of powers

G.

Forms of government

III.

Legislative Department

A.
1.
2.
3.
a)
4.

Who may exercise legislative power

Congress
Regional/Local legislative power
People s initiative on statutes
Initiative and referendum
The President under a martial law rule or in a revolutionary government

B.
1.
2.
a)

Houses of Congress
Senate
House of Representatives
District representatives and questions of apportionment

b)

Party-list system

C.

Legislative privileges, inhibitions and disqualifications

D.

Quorum and voting majorities

E.

Discipline of members

F.
1.

Electoral tribunals and the Commission on Appointments

Nature

2.

Powers

G.
1.
a)
b)
c)
(i)
(ii)
2.
a)
b)
c)

Powers of Congress
Legislative
Legislative inquiries and the oversight functions
Bicameral conference committee
Limitations on legislative power
Limitations on revenue, appropriations and tariff measures
Presidential veto and Congressional override
Non-legislative
Informing function
Power of impeachment
Other non-legislative powers

IV.

Executive Department

A.
1.
2.

Privileges, inhibitions and disqualifications

Presidential immunity
Presidential privilege

B.
1.
2.
a)
b)
c)
d)
3.
a)
b)
c)
4.
5.
a)
b)
6.
7.

Powers
Executive and administrative powers in general
Power of appointment
In general
Commission on Appointments confirmation
Midnight appointments
Power of removal
Power of control and supervision
Doctrine of qualified political agency
Executive departments and offices
Local government units
Military powers
Pardoning power
Nature and limitations
Forms of executive clemency
Diplomatic power
Powers relative to appropriation measures

8.
9.
10.
11.

Delegated powers
Veto powers
Residual powers
Executive privilege

C.

Rules of Succession

V.

Judicial Department

A.
1.
2.
a)
b)
c)

Concepts
Judicial power
Judicial review
Operative fact doctrine
Moot questions
Political question doctrine

B.

Safeguards of Judicial independence

C.

Judicial restraint

D.

Appointments to the Judiciary

E.
1.
2.
3.
4.

Supreme Court
En banc and division cases
Procedural rule-making
Administrative supervision over lower courts
Original and appellate jurisdiction

F.

Judicial privilege

VI.

Constitutional Commissions

A.

Constitutional safeguards to ensure independence of commissions

B.

Powers and functions of each commission

C.

Prohibited offices and interests

D.

Jurisdiction of each constitutional commission

E.
1.
2.

Review of final orders, resolutions and decisions

Rendered in the exercise of quasi-judicial functions
Rendered in the exercise of administrative functions

VII.

Bill of Rights

A.
1.
2.
3.
4.

Fundamental powers of the state (police power, eminent domain, taxation)

Concept, application and limits
Requisites for valid exercise
Similarities and differences
Delegation

B.

Private acts and the Bill of Rights

C.
1.
2.
3.
4.
5.
6.

Due process
the rights to life, liberty & property
Relativity of due process
Procedural and substantive due process
Constitutional and statutory due process
Hierarchy of rights
Judicial standards of review
Void-for-vagueness doctrine

D.
1.
2.
3.
a)
b)
c)

Equal protection
Concept
Requisites for valid classification
Standards of judicial review
Rational Basis Test
Strict Scrutiny Test
Intermediate Scrutiny Test

E.
1.
2.
a)
3.
4.
5.
6.

Searches and seizures

Concept
Warrant requirement
Requisites
Warrantless searches
Warrantless arrests
Administrative arrests
Drug, alcohol and blood tests

F.
1.
2.
3.

Privacy of communications and correspondence

Private and public communications
Intrusion, when allowed
Writ of habeas data

G.
1.
a)
b)
2.
a)
b)

Freedom of expression
Concept and scope
Prior restraint (censorship)
Subsequent punishment
Content-based and content-neutral regulations
Tests
Applications

3.
4.
5.
6.
7.
8.

Facial challenges and the overbreadth doctrine

Tests
State regulation of different types of mass media
Commercial speech
Private vs. government speech
Heckler s veto

H.
1.
a)
b)
c)
2.
3.
a)
b)
c)

Freedom of religion
Non-establishment clause
Concept and basis
Acts permitted and not permitted by the clause
Test
Free exercise clause
Tests
Clear and Present Danger Test
Compelling State Interest Test
Conscientious Objector Test

I.
1.
2.
a)
3.

Liberty of abode and freedom of movement

Limitations
Right to travel
Watch-list and hold departure orders
Return to one s country

J.
1.
2.
3.
4.
a)
b)

Right to information
Limitations
Publication of laws and regulations
Access to court records
Right to information relative to:
Government contract negotiations
Diplomatic negotiations

K.

Right of association

L.
1.
2.
3.
a)
b)
4.
5.

Eminent domain
Concept
Expansive concept of public use
Just compensation
Determination
Effect of delay
Abandonment of intended use and right of repurchase
Miscellaneous application

M.

Contract clause

1.

Contemporary application of the contract clause

N.

Legal assistance and free access to courts

O.
1.
2.
3.

Rights of suspects
Availability
Requisites
Waiver

P.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Rights of the accused

Criminal due process
Bail
Presumption of innocence
Right to be heard
Assistance of counsel
Right to be informed
Right to speedy, impartial and public trial
Right of confrontation
Compulsory process
Trials in absentia

Q.

Writ of habeas corpus

R.

Writs of amparo, habeas data, and kalikasan

S.
1.
a)
2.
3.

Self-incrimination clause
Scope and coverage
Foreign laws
Application
Immunity statutes

T.

Involuntary servitude and political prisoners

U.

Excessive fines and cruel and inhuman punishments

V.

Non-imprisonment for debts

W.
1.
2.
3.

Double jeopardy
Requisites
Motions for reconsideration and appeals
Dismissal with consent of accused

X.

Ex post facto laws and bills of attainder

VIII.

Citizenship

A.

Who are Filipino citizens

B.

Modes of acquiring citizenship

C.

Naturalization and denaturalization

D.

Dual citizenship and dual allegiance

E.

Loss and re-acquisition of Philippine citizenship

F.

Natural-born citizens and public office

IX.

Law on Public Officers

A.

General principles

B.

Modes of acquiring title to public office

C.

Modes and kinds of appointment

D.

Eligibility and qualification requirements

E.

Disabilities and inhibitions of public officers

F.

Powers and duties of public officers

G.

Rights of public officers

H.
1.
2.

Liabilities of public officers

Preventive suspension and back salaries
Illegal dismissal, reinstatement and back salaries

I.

Immunity of public officers

J.

De facto officers

K.

Termination of official relation

L.
1.
2.
3.

The Civil Service

Scope
Appointments to the civil service
Personnel actions

M.
Accountability of public officers
1.
Impeachment
2.
Ombudsman (Sections 5 to 14, Article XI of the 1987 Constitution, in rel
ation to R.A. No. 6770, or otherwise known as "The Ombudsman Act of 1989.")
a)
Functions

b)
c)
3.
4.

Judicial review in administrative proceedings

Judicial review in penal proceedings
Sandiganbayan
Ill-gotten wealth

N.

Term limits

X.

Administrative Law

A.

General principles

B.
1.

Administrative agencies
Definition

2.
3.

Manner of creation
Kinds

C.
1.
a)
b)
2.
a)
b)
c)
3.

Powers of administrative agencies

Quasi-legislative (rule-making) power
Kinds of administrative rules and regulations
Requisites for validity
Quasi-judicial (adjudicatory) power
Administrative due process
Administrative appeal and review
Administrative res judicata
Fact-finding, investigative, licensing and rate-fixing powers

D.
1.
2.
3.

Judicial
Doctrine
Doctrine
Doctrine

XI.

Election Law

A.

Suffrage

B.

Qualification and disqualification of voters

C.

Registration of voters

D.

Inclusion and exclusion proceedings

E.
1.
2.

Political parties
Jurisdiction of the COMELEC over political parties
Registration

F.
1.
2.
a)
b)
c)
d)
e)
f)
g)

Candidacy
Qualifications of candidates
Filing of certificates of candidacy
Effect of filing
Substitution of candidates
Ministerial duty of COMELEC to receive certificate
Nuisance candidates
Petition to deny or cancel certificates of candidacy
Effect of disqualification
Withdrawal of candidates

G.
1.
2.
3.
4.
5.

Campaign
Premature campaigning
Prohibited contributions
Lawful and prohibited election propaganda
Limitations on expenses
Statement of contributions and expenses

H.
1.
2.

Board of Election Inspectors and Board of Canvassers

Composition
Powers

I.
1.
2.

Remedies and jurisdiction in election law

Petition not to give due course to or cancel a certificate of candidacy
Petition for disqualification

recourse and review

of primary administrative jurisdiction
of exhaustion of administrative remedies
of finality of administrative action

3.
4.
5.
6.

Petition to declare failure of elections

Pre-proclamation controversy
Election protest
Quo warranto

J. Prosecution of election offenses

XII.

Local Governments

A.
1.
a)
2.
a)
b)

Public corporations
Concept
Distinguished from government-owned or controlled corporations
Classifications
Quasi-corporations
Municipal corporations

B.
1.
2.
3.

Municipal corporations
Elements
Nature and functions
Requisites for creation, conversion, division, merger or dissolution

C.

Principles of local autonomy

D.
1.
2.
3.
4.
5.
a)
b)
6.
a)
b)
c)
(i)
(ii)
7.
8.
9.
10.
a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
b)
11.
12.

Powers of local government units (LGUs)

Police power (general welfare clause)
Eminent domain
Taxing power
Closure and opening of roads
Legislative power
Requisites for valid ordinance
Local initiative and referendum
Corporate powers
To sue and be sued
To acquire and sell property
To enter into contracts
Requisites
Ultra vires contracts
Liability of LGUs
Settlement of boundary disputes
Succession of elective officials
Discipline of local officials
Elective officials
Grounds
Jurisdiction
Preventive suspension
Removal
Administrative appeal
Doctrine of condonation
Appointive officials
Recall
Term limits

XIII.

National Economy and Patrimony

A.

Regalian doctrine

B.

Nationalist and citizenship requirement provisions

C.

Exploration, development and utilization of natural resources

D.

Franchises, authority and certificates for public utilities

E.

Acquisition, ownership and transfer of public and private lands

F.

Practice of professions

G.

Organization and regulation of corporations, private and public

H.

Monopolies, restraint of trade and unfair competition

XIV.

Social Justice and Human Rights

A.

Concept of social justice

B.

Commission on Human Rights

XV.

Education, Science, Technology, Arts, Culture and Sports

A.

Academic freedom

XVI.

Public International Law

A.
1.
2.
3.

Concepts
Obligations erga omnes
Jus cogens
Concept of ex aequo et bono

B.

International and national law

C.

Sources

D.
1.
2.
3.

Subjects
States
International organizations
Individuals

E.

Diplomatic and consular law

F.

Treaties

G.
1.

Nationality and statelessness

Vienna Convention on the Law of Treaties

H.
1.

State responsibility
Doctrine of state responsibility

I.
1.
2.
3.
4.
5.

Jurisdiction of States
Territoriality principle
Nationality principle and statelessness
Protective principle
Universality principle
Passive personality principle

6.

Conflicts of jurisdiction

J.
1.
a)
b)
c)

Treatment of aliens
Extradition
Fundamental principles
Procedure
Distinguished from deportation

K.
1.
2.
3.

International Human Rights Law

Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights

L.
1.
a)
b)
c)
2.
aw
3.
a)
b)
4.

International Humanitarian Law and neutrality

Categories of armed conflicts
International armed conflicts
Internal or non-international armed conflict
War of national liberation
Core international obligations of states in International Humanitarian L

M.
1.
2.
a)
b)
c)
3.
4.
5.
6.
a)
7.

Law of the sea

Baselines
Archipelagic states
Straight archipelagic baselines
Archipelagic waters
Archipelagic sea lanes passage
Internal waters
Territorial sea
Exclusive economic zone
Continental shelf
Extended continental shelf
International Tribunal for the Law of the Sea

Principles of International Humanitarian Law

Treatment of civilians
Prisoners of war
Law on neutrality

N.
Madrid Protocol and the Paris Convention for the Protection of Industria
l Property
O.
1.

International environmental law

Principle 21 of the Stockholm Declaration

P.

International economic law

IMPORTANT NOTES:
1.
This listing of covered topics is not intended and should not be used by
the law schools as a course outline. This was drawn up for the limited purpose
of ensuring that Bar candidates are guided on the coverage of the 2015 Bar Exami
nations.
2.
All Supreme Court decisions - pertinent to a given Bar subject and its l
isted topics, and promulgated up to March 31, 2015 - are examinable materials wi

thin the coverage of the 2015 Bar Examinations.