Political Law Syllabus 2021

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I.

Initiative and referendum


POLITICAL LAW
VI. EXECUTIVE DEPARTMENT
I. THE 1987 CONSTITUTION A. Qualifications, election, and term of the
A. Nature and concept of a constitution President and Vice-President
B. Parts of a constitution B. Privileges, inhibitions, and qualifications
C. Amendments and revisions 1. Presidential immunity
D. Methods of interpreting the Constitution 2. Presidential privilege
C. Powers of the President
1. General executive and administrative
II. BASIC CONCEPTS powers
A. Declaration of principles and state 2. Power of appointment
policies a. In general
B. Sovereignty b. Limitations on the exercise/power
C. State immunity c. Types of appointment
D. Separation of powers
E. Checks and balances 3. Power of control and supervision
a. Doctrine of qualified political agency
F. Delegation of powers b. Executive departments and offices
G. Fundamental powers of the State c. Local government units
1. Police power
2. Eminent domain 4. Emergency powers
3. Taxation 5. Commander-in-chief powers
a. Calling out powers
III.NATIONAL TERRITORY b. Declaration of martial law and suspension of the
privilege of the writ of habeas corpus; extension

IV. CITIZENSHIP 6. Executive clemency


A. Kinds of citizenship, purpose of a. Nature and limitations
distinguishing citizenship and kinds of b. Forms of executive clemency
citizenship
7. Diplomatic power
8. Powers relative to appropriation measures
B. Who are citizens 9. Delegated powers
C. Who can be citizens 10. Residual powers
D. Modes of acquiring citizenship 11. Veto powers
E. Modes of losing and reacquiring
citizenship D. Rules of succession
F. Dual citizenship and dual allegiance
VII. JUDICIAL DEPARTMENT
V. LEGISLATIVE DEPARTMENT A. Concepts
A. Legislative power 1. Judicial power
1. Scope and limitations 2. Judicial review
2. Principle of non-delegability a. Requisites
b. Operative fact doctrine
B. Chambers of Congress; composition; c. Political question doctrine
qualifications
B. Judicial independence and autonomy
1. Senate
2. House of Representatives C. Appointments to the judiciary
a. District representatives and questions of 1. Qualifications of members of the judiciary
apportionment 2. Judicial and Bar Council
b. Party-list system a. Composition
b. Powers
C. Legislative privileges, inhibitions and D. The Supreme Court
disqualifications 1. Composition
D. Quorum and voting majorities 2. Powers and functions
E. Discipline of members
F. Process of law-making VIII. CONSTITUTIONAL
G. Electoral tribunals and the Commission COMMISSIONS
on Appointments A. Common provisions
1. Nature B. Institutional independence safeguards
2. Powers C. Powers and functions
H. Powers of Congress D. Composition and qualifications of
1. Legislative inquiries and oversight functions members
2. Non-legislative
E. Prohibited offices and interests
a. Informing function
b. Power of impeachment
IX. BILL OF RIGHTS
A. Concept of Bill of Rights G. Freedom of religion
1. Privacy and autonomy 1. Basic principles
a. Purpose
2. Relation human rights
b. Concept of religion
B. Due process of law 2. Principle of separation of church and state
1. Concept of right to life, liberty and property 3. Non-establishment clause
2. Kinds of due process 4. Free exercise clause
a. Substantive
b. Procedural
i. Judicial H. Liberty of abode and freedom of
ii. Administrative movement
c. Levels of scrutiny 1. Scope and limitations
2. Watch-list and hold departure orders
C. Equal protection of laws
1. Concept I. Eminent domain
2. Requisites for valid classification 1. Concept
3. Levels of scrutiny 2. Just compensation
3. Abandonment of intended use and right of
D. Right against unreasonable searches repurchase
and seizures 4. Expropriation by local government units
1. Concept of privacy
2. Concept of a search J. Non-impairment of contracts
3. Requisites of a valid warrant K. Adequate legal assistance and free
4. Warrantless searches access to courts
5. Warrantless arrests and detention L. Rights against self-incrimination
6. Exclusionary rule 1. Scope and coverage
7. Effects of unreasonable searches and 2. Application
seizures 3. Immunity statutes
8. Effects of illegal detention
M. Rights of persons under custodial
E. Privacy of communications and investigation
correspondence 1. Availability
1. Concept of communications, 2. Requisites
correspondence 3. Waiver
2. Intrusion, when and how allowed
3. Exclusionary rule N. Rights of the accused
1. Criminal due process
F. Freedom of speech and expression 2. Bail
1. Concept 3. Presumption of innocence
a. Continuum of thought, speech, expression, and 4. Right to be heard
speech acts
5. Assistance of counsel
b. Purposes of free speech doctrines
c. Balance between unbridled expression and
6. Right to be informed of the nature and cause
liberty of accusation
7. Right to speedy, impartial, and public trial
2. Type of regulation 8. Right to confrontation
a. Prior restraint and subsequent punishment 9. Compulsory process
b. Content based and content neutral 10. Trials in absentia
c. Incitement and advocacy
d. Specificity of regulation and overbreadth doctrine O. Right to the speedy disposition of cases
e. Speech regulation in relation to election P. Right against excessive fines and cruel,
f. Speech regulation in relation to media
degrading, and inhuman punishments
3. Judicial analysis, presumptions and levels Q. Non-imprisonment for debts
and types of scrutiny R. Right against double jeopardy
4. Special topics in free expression cases 1. Requisites; scope
a. Hate speech 2. Limitations
b. Defamation and libel S. Right against involuntary servitude
c. Sedition and speech in relation to rebellion T. Ex post facto laws and bills of attainder
d. Obscenity/pornography
e. Commercial speech
f. National emergencies X. LAW ON PUBLIC OFFICERS
g. Speech of public officers A. General principles
B. Modes of acquiring title to public office
5. Cognate rights C. Modes and kinds of appointment
a. Freedom of assembly
b. Freedom of association
D. Eligibility and qualification requirements
c. Freedom of information
E. Disabilities and inhibitions of public b. Substitution and withdrawal of candidates
officers c. Nuisance candidates
d. Effect of disqualification
F. Powers and duties of public officers
G. Rights of public officers D. Campaign
H. Liabilities of public officers 1. Premature campaigning
1. Preventive suspension and back salaries 2. Prohibited contributions
2. Illegal dismissal, reinstatement, and back 3. Lawful and prohibited election propaganda
salaries 4. Limitations on expenses
5. Statement of contributions and expenses
I. Immunity of public officers
J. Distinguish: de facto and de jure officers E. Board of Election Inspectors and Board
K. Termination of official relation of Canvassers
L. Civil service 1. Composition
1. Scope 2. Powers
2. Appointments to the civil service
3. Personnel actions F. Remedies
M. Accountability of public officers 1. Petition to deny due course to or cancel
1. Types of accountability certificate of candidacy
a. Administrative 2. Petition for disqualification
b. Criminal 3. Failure of election; call for special election
2. The Ombudsman and the Office of the 4. Pre-proclamation controversy
Special Prosecutor 5. Election protest
3. The Sandiganbayan 6. Quo warranto

N. Term limits
XIII. LOCAL GOVERNMENTS
A. Autonomous Regions and their relation
XI. ADMINISTRATIVE LAW to the National Government
A. General principles B. Public corporations
B. Administrative agencies 1. Concept; distinguished from Government-
C. Powers of administrative agencies Owned or Controlled Corporations
1. Rule-making power 2. Classifications
a. Kinds of administrative rules and regulations a. Quasi-corporations
b. Requisites for validity b. Municipal corporations
2. Adjudicatory power i. Elements
a. Administrative due process ii. Nature and functions
b. Administrative appeal and review iii. Requisites for creation, conversion, division,
c. Administrative res judicata merger or dissolution
C. Principles of local autonomy
3. Fact-finding, investigative, licensing, and D. Powers of local government units
rate-fixing powers 1. General welfare clause
2. Eminent domain
D. Judicial review 3. Taxing power
1. Doctrine of primary administration 4. Closure and opening of roads
jurisdiction 5. Legislative power
2. Doctrine of exhaustion of administrative a. Requisites for a valid ordinance
remedies b. Local initiative and referendum
3. Doctrine of finality of administrative action 6. Ultra vires acts
7. Corporate powers
XII. ELECTION LAW 8. Liability of local government units
9. Settlement of boundary disputes
A. Suffrage
10. Local officials
1. Qualification and disqualification of voters a. Vacancies
2. Registration and deactivation of voters b. Discipline
3. Inclusion and exclusion proceedings i. Elective officials
4. Local and overseas absentee voting (a) Grounds
5. Detainee voting (b) Jurisdiction
(c) Preventive suspension
(d) Removal
B. Political parties (e) Administrative appeal
1. Jurisdiction of the Commission on Elections (f) Doctrine of condonation
over political parties ii. Appointive officials
2. Registration of political parties 11. Recall
12. Term Limits
C. Candidacy
1. Qualification and disqualification of XIV. NATIONAL ECONOMY AND
candidates
2. Filing of certificates of candidacy
PATRIMONY
a. Effect of filing
A. Exploration, development, and utilization b. Procedure
of natural resources c. Distinguished from deportation
B. Franchises, authorities, and certificates L. International human rights law
for public utilities 1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political
C. Acquisition, ownership, and transfer of
Rights
public and private lands 3. International Covenant on Economic, Social
D. Practice of professions and Cultural Rights
E. Organization and regulation of private M. International humanitarian law
and public corporations 1. Categories of armed conflicts
F. Monopolies, restraint of trade, and unfair 2. Core of international obligations of States
competition 3. Principles of international humanitarian law
a. Treatment of civilians
b. Prisoners of war
XV. SOCIAL JUSTICE AND 4. Law on neutrality
HUMAN RIGHTS
A. Concept of social justice N. Law of the sea
B. Economic, social, and cultural rights 1. Baselines
C. Commission on Human Rights 2. Archipelagic waters
1. Powers a. Straight archipelagic baselines
2. Composition and qualification of members b. Archipelagic waters
c. Archipelagic sea lanes passage
d. Regime of islands
XVI. EDUCATION, SCIENCE, 3. Internal waters
TECHNOLOGY, ARTS, CULTURE 4. Territorial sea
AND SPORTS 5. Contiguous zone
6. Exclusive economic zone
A. Academic freedom 7. Continental shelf
8. International Tribunal for the Law of the Sea
XVII. PUBLIC INTERNATIONAL
LAW O. International environmental law
A. Concepts 1. Principle 21 of Stockholm Declaration
B. Relationships between international and 2. Precautionary principle
Philippine domestic law
C. Sources of international law
1. Article 38. International Court of Justice
Statute
2. Effect of United Nations Declarations,
Security Council Resolutions
3. Effect of actions of organs of international
organizations created by treaty
D. Subjects of international law
1. States
2. International organizations
3. Individuals
4. Others

E. Jurisdiction of States
1. Basis of jurisdiction
a. Territoriality principle
b. Nationality principle and statelessness
c. Protective principle
d. Universality principle
e. Passive personality principle

2. Exemptions from jurisdiction


a. Act of State doctrine
b. International organizations and their officers

F. Diplomatic and consular law


G. Nationality and statelessness
H. General principles of treaty law
I. Doctrine of state responsibility
J. Refugees
K. Treatment of aliens
1. Extradition
a. Fundamental principles

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