political law reviewer assignment 2012-2013 version c

7/30/2019 Political Law Reviewer Assignment 2012-2013 Version c

http://slidepdf.com/reader/full/political-law-reviewer-assignment-2012-2013-version-c 1/29

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PROF. ALEXIS F. MEDINA 1

POLITICAL LAW REVIEW

STUDY GUIDE

For Graded Recitations & Required Handwritten Answers

Briefly explain, differentiate or enumerate.

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?

1 AB Political Science, University of the Philippines (UP), Diliman; Order of the Purple Feather

(OPF), UP, College of Law; Valedictorian, San Sebastian College-Recoletos, Manila, Institute of Law; Dean’s List, Ateneo de Manila Graduate School of Business, (MBA Program); former Philippine Youth delegate to Japan and Southeast Asia; Litigation lawyer, investment, property,

labor and immigration law consultant; Represented Senate President Juan Ponce Enrile, the SM Group, and the Cojuangco family in several cases.



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12. What are the prohibitions on members of Congress in relation to holdingor being appointed to other offices?

13. What are the prohibitions on members of Congress with respect to thepractice of his profession or pursuit of his business?

14. What is required for each house to be able to conduct its business?

15. Enumerate the required majority for specific acts of Congress16. What are the powers of each house with respect to its own members?17. 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?18. What kind of inquiries is the Senate or House of Representatives

empowered to conduct in relation to its functions?19. What are the limitations to the exercise of this power?20. When may heads of departments appear before the Senate or House and

be heard on matters pertaining to their departments?21. How may they be questioned by the members of Congress?22. Who has the power to declare the existence of a state of war?23. What may Congress authorize the President to do in case of war or other

national emergency?24. What kinds of bills shall originate exclusively in the House of

Representatives?25. What is the Congress prohibited from doing to the budget proposed by

the President?26. Under Section 25, Article VI, what are the limitations on the power of

Congress to pass appropriation bills?27. Under Section 26, Article VI, what are the limitations on the power of

Congress to pass bills in general?

28. How does a bill passed by Congress become a law?29. What is the President’s so-called veto power?30. How can Congress override this?31. What is the power of the President with respect to appropriations,

revenue or tariff bills?32. Under Section 28, Article VI, what are the limitations on Congress’ power

to tax?33. What are the limitations on the Congress’ power to spend public funds? 34. May Congress increase the original and/or appellate jurisdiction of the

Supreme Court? Under what circumstances?35. Initiative

36. Referendum37. In summary, enumerate and explain briefly the powers of Congress?

Article VII, The Executive Branch

38. What is executive power?



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39. In whom is executive power vested?40. What are the qualifications to be elected President?41. Who has the responsibility for the canvassing of the election

returns for President and Vice President?42. Give the instances when the Vice President shall serve as President.

43. Give a constitutionally provided power of the Vice President.44. How does the Constitution prevent nepotism by the President in the

exercise of his appointing powers?45. What are the categories of officials who are subject to the

appointing power of the President?46. Who else may have the power to appoint, other than the

President?47. 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?

48. When may the President exercise his calling out powers asCommander in Chief of the armed forces?

49. What are the requisites for the exercise by the President of hispower to declare martial law or suspend the privilege of writ of habeas corpus?

50. For what duration may the President suspend the writ of habeascorpus or declare martial law?

51. What is the duty of the President after such suspension ordeclaration?

52. What is the power of Congress with respect to such suspension ordeclaration?

53. What is the power of the Supreme Court with respect to such

suspension or declaration?54. What is the effect of a declaration of martial law?55. What are the limitations to the suspension of the writ by the

President?56. In summary, what are the limitations on the powers of the

President to declare martial law?57. Briefly state the pardoning power of the President?58. What are the limitations on the President’s power to contract or

guarantee loans?59. What is required for a treaty or international agreement entered

into by the President to be valid?

60. In summary, enumerate and briefly explain the powers of thePresident.

Article VIII, The Judicial Department

http://president.in/

http://president.in/



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61. In whom is judicial power vested?62. What is judicial power under the 1987 Constitution?63. What are the limitations on the power of Congress to make

appropriations for the judiciary?64. What is the power of Congress with respect to jurisdiction of

courts?65. What is the limitation on the power of Congress to reorganize the

judiciary?66. What are the powers of the Supreme Court?67. State the rule-making power of the Supreme Court68. What is the constitutional requirement for decisions rendered by

the courts?69. What is the function of the Judicial and Bar Council?70. 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

71. What are the ways by which Congress can “check” the exercise of power by the President? Briefly explain each.

72. What are the ways by which Congress can “check” the exercise of power by the Judiciary. Briefly explain each.

73. What are the ways by which the President can “check” the exerciseof power by Congress. Briefly explain.74. What are the ways by which the President can “check” the exercise

of power by the Judiciary? Briefly explain.

Article IX, Constitutional Commissions

75. What are the Constitutional Commissions?76. What are the safeguards to ensure the independence of

constitutional commissions?77. What are the powers of the Civil Service Commission?78. What are covered by the civil service?79. What are the criteria for appointments in the civil service?80. What are the only valid causes for removal or suspension of

employees or officers in the civil service?81. Do government employees have the right to form unions? Why?



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82. What is the prohibition on appointment of losing electioncandidates?

83. What is the prohibition on elective officials with respect to theirappointment to other public offices?

84. What is the prohibition on appointive officials with respect to

holding any other office in government? What are the exceptions?85. What is the rule on double compensation?86. What are the powers of the Commission on Audit?87. What matters are within the exclusive original jurisdiction of the

Commission on Elections?88. What is the power of the Comelec with respect to the enjoyment

and utilization of all franchises or permits for the operation of transportation andother public utilities, or media of communications?

89. What are the powers of the Commission on Audit?90. What is the specific power of the Commission on Audit with respect

to the examination and auditing of funds of the government?91. What is the prohibition on the grant of exemption from the

jurisdiction of COA?92. How may the Civil Service Commission check the exercise of power

by the Executive, Legislative or Judicial branches?93. How may the Commission on Audit check the exercise of power by

the Executive, Legislative or Judicial branches?

Article X, Local Government

94. What are the territorial and political subdivisions of the Philippines?

95. What is the most basic right of local governments?96. What is the role of the President with respect to local

governments?97. What is the extent of the taxing power of local governments?98. To whom should these local taxes, fees and charges accrue?99. What is the requirement for the creation, division, merger, or

abolition of a province, city, municipality or barangay?

Article XI, Accountability of Public Officers

100. What is the basic character of a public office? What does this

mean?101. Which of these categories required confirmation by the Commission

on Appointments?102. Who may be removed from office by impeachment?103. What are the grounds for impeachment?104. How is the process of impeachment initiated?105. Outline the entire impeachment process.



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106. When is a public officer considered impeached?107. What is the extent of judgments in cases of impeachment?

Article XII, National Economy & Patrimony

108. State the Regalian Doctrine under the 1987 Constitution.109. State the rule on the exploration, development and utilization of

natural resources?110. State the rule of preference on the grant of rights, privileges and

concessions covering the national economy and patrimony.111. State the limitations on the grant of franchise for the operation of a

public utility.112. State the Filipino First policy.113. When may the State temporarily take over a privately owned public

utility or business affected with public interest?114. What are the limitations in incurring foreign loans?

115. What is the rule on the practice of profession?116. How may the State regulate the formation of private corporations?117. What is the policy of the State with respect to monopolies, restraint

of trade and unfair competition?

Article XIII, Social Justice and Human Rights

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

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

Sports

119. What is the obligation of the State with respect to the maintenanceof a free public education system?

120. Under what conditions may the government allow religion to betaught to children in public elementary and high schools?

121. Who are allowed to own educational institutions?122. Who are allowed to control and administer educational institutions?123. State the prohibition on the establishment of schools for aliens?124. What is academic freedom?

Article XVI, General Provisions

125. What should be the composition of the armed forces of thePhilippines?

126. What are the prohibitions on members of the military with respectto elections?

127. What are the prohibitions on members of the military with respectto appointment to other public office?



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128. What are the limitations in the ownership of mass media?129. What are the prohibitions on the ownership and management of

persons or corporation in the advertising industry?

Article XVII, Amendments and Revisions

130. How may amendments to the Constitution be proposed?131. How may revisions to the Constitution be proposed?132. How may a constitutional convention be called?133. When will an amendment or revision of the Constitution be valid?

Article XVIII, Transitory Provisions

134. What are the requirements for foreign military bases, troops, orfacilities to be allowed in the Philippines?

FOR MASTERY OF POLITICAL LAW

CONCEPTS, PRINCIPLES & DOCTRINES

Define, briefly explain, differentiate or enumerate.

POLITICAL LAW INTRODUCTION

1. Political Law2. Effect of change in sovereignty to political laws3. State4. Elements of a state5. Meaning of sovereignty6. Dominium7. Imperium8. Republicanism

The Constitution in General

9. Constitution defined10. Parts of a written constitution11. Doctrine of constitutional supremacy12. Self-executing and non-self-executing provisions of the Constitution



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13. What are the two essential elements for a petition to be consideredvalid under Sec. 2, Article XVII of the Constitution on amendments directlyproposed by the people through initiative? How can these elements be met?

14. What is the difference between amendment and revision of theConstitution?

15. May amendments to the Constitution be proposed directly by thepeople through an initiative petition? Why?

16. Is the system of initiative on the Constitution under theConstitution self-executory? Why?

17. May the people directly propose amendments to the Constitutionthrough the system of initiative? Why?

Citizenship

18. Who are citizens of the Philippines under the 1987 Constitution?19. Who are citizens of the Philippines at the time of the adoption of

the 1987 Constitution?20. Who are citizens of the Philippines at the time of the adoption of

the 1973 Constitution?21. Who are citizens of the Philippines at the time of the adoption of

the 1935 Constitution?22. How is Philippine citizenship acquired?23. Election of citizenship24. Naturalization25. Judicial vs. Administrative naturalization

26. How is citizenship lost?27. Effective renunciation of citizenship28. How is citizenship reacquired?29. What is repatriation?30. How citizenship is retained or reacquired under Republic Act 922531. Effects of citizenship reacquisition under Republic Act 922532. Rights of those who reacquire their citizenship under Republic Act

922533. Requirement to run for public office for those who reacquire

citizenship under Republic Act 922534. Naturalization v. Repatriation

35. Dual allegiance vs. Dual citizenship

National Territory

36. Archipelagic doctrine



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37. What are the specific islands or territories included in the phrase “Philippine archipelago” ?38. What are the territories included in “all other territories over whichthe Philippines has sovereignty or jurisdiction”? 39. What is the so-called baseline method?

40. Does the Philippines conform to the archipelagic concept under theUN Convention on the Law of the Sea?41. What are the territories included in “all other territories over whichthe Philippines has sovereignty or jurisdiction”?

State immunity from suit

42. Meaning of State immunity from suit43. Theoretical and practical basis of the doctrine44. What suits are considered a suit against a state45. May officers of the government who exceeds the power conferred

upon them by law hide under the principle of sovereign immunity from suit?Why?

46. May the courts review the determination of the Department of Foreign Affairs that a State or a diplomatic official is entitled to a sovereign ordiplomatic immunity from suit?

47. How state consent to be sued is given48. Examples of express consent to be sued49. Implied consented to be sued50. Are all contracts entered into by the government considered as

waiver of its immunity from suit? Why?51. Suability vs. Liability52. Consent to be sued vs. consent to execution53. May the courts issue writs of execution against the government?

Why?54. How must enforcement or satisfaction of a judgment against the

State be pursued?

STRUCTURE AND POWERS OF GOVERNMENT

Principles & Policies of the Philippine State

55. How is the principle of People Power reflected in the 1987Constitution?

56. Republicanism57. Civilian supremacy over the military



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58. Does the deployment of the military for civilian law enforcementnecessarily constitute a violation of the civilian supremacy clause? Why?

59. Generally accepted principles of international law60. How is the principle of separation of Church and State ensured

under the 1987 Constitution?

61. What are the exceptions to the principle of separation of Churchand State under the 1987 Constitution?

62. Protection for the life of the unborn63. Intergenerational responsibility64. Meaning of social justice

Structure of Government in General

65. Separation of Powers66. Blending of powers67. Judicial Supremacy68. Power of judicial review in general69. Requisites for judicial review70. What is the “case or controversy” requirement in the exercise of

judicial review?71. What is the meaning of “ripeness” requirement in the exercise of

judicial review72. Moot and academic principle73. Locus standi

74. When does a taxpayer, legislator, voter or citizen have locusstandi?

75. Direct injury test76. May the unborn have standing to sue in court? Why?77. Doctrine of transcendental importance lis mota78. Meaning of earliest opportunity79. Meaning of lis mota requirement80. What is the reason behind the lis mota requirement?81. Judicial restraint82. Political questions83. May the courts supplant the executive? Why?

84. Can courts pass upon the wisdom and soundness of an executivedecision? Why not?

85. Examples of political questions based on jurisprudence86. EDSA People Power I v. EDSA People Power II87. Status of an unconstitutional law88. Doctrine of operative fact



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The Legislative Branch

89. Legislative power

90. In whom is legislative power vested?91. Limitation on legislative power: Passage of irrepealable laws92. Limitation on legislative power: non-delegation93. Delegation of legislative power: Requisites for validity94. Composition of the House of Representatives95. What are the guidelines for screening party-list participants?96. Qualification of Party List Nominees97. Parameters of Philippine-style party list elections98. How party list seats are to be filled up99. May Congress impose additional qualifications for membership in

Congress? Why?100. Privilege of Speech or Debate101. When is a speech or debate of a Member of Congress considered

privileged?102. Privilege from Arrest103. May Congress compel the attendance of one of its absent members

if the latter is confined for being charged with a crime punishable byimprisonment of more than six years? Why?

104. What are the alternatives for Congress’ Bicameral ConferenceCommittee in terms of harmonizing bills from both Houses?

105. Amendment by Substitution

106. Basis and concept of congressional oversight107. Validity of legislative veto108. Does the House of Representatives on its own validly exercise

legislative power?109. What are the two basic steps required before a bill becomes a law?110. May Congress empower itself to approve the implementing rules of

a law, after a law has already taken effect? Why?111. Power of inquiry112. What power is included in the power of inquiry?113. Power of inquiry v. Legislative power114. What are the limitations to the power of Congress to conduct

legislative inquires?115. Inquiry in aid of legislation v. Question hour116. What is the difference between the power of inquiry of Congress

and the right of the people to information on matters of public concern?117. What is the remedy of Congress in case the President refuses to

allow members of the military to appear before Congressional inquiries?118. Enrolled Bill doctrine



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119. Evidentiary value of journals120. Power of the Supreme Court to invalidate acts of non-compliance

to internal rules of Congress121. Rider122. Germaneness test

123. Veto of a provision v. veto of an item124. May courts of law review a budget passed by Congress to

determine if such budget is reasonable or sufficient? Why?125. What is the power of Congress with respect in relation to the power

of the President to appoint?126. In prescribing qualifications for Presidential appointees, what is the

limit to the power of Congress?127. Can Congress make a law effective immediately upon approval,

even before or without previous publication? Why?128. What laws must be published first as a condition for their

effectivity?

The Executive Branch

129. Executive power130. Unitary Executive131. Presidential immunity132. Presidential privileges133. Nepotism rule134. Power of control

135. What is the extent of the President’s power of control? 136. Power of control v. Power of supervision137. Doctrine of qualified political agency138. Legal bases of the power of the president to reorganize the

Executive branch139. Power of appointment140. In whom may Congress vest the power to appoint lower ranked

officers?141. Is the President’s power to appoint subject to legislative

limitations?142. May Congress pass a law that puts a government office in the

Executive Branch outside the control power of the President? Why?143. Ad interim appointment v. Acting appointment144. May an ad interim appointee disapproved by the Commission on

Appointments be extended a new appointment?145. What is the difference between a disapproved and a by-passed ad

interim appointment?146. Midnight appointments



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147. Power of removal148. Limitations on the power of removal149. Powers of the President as Command-in-Chief 150. What is the extent of the power of the President as commander-in-

chief of the Armed Forces of the Philippines?

151. Does the President have the power to restrict the speech of members of the Armed Forces? Why?

152. Does the President have the power to restrict the mobility of members of the Armed Forces? Why?

153. Why does the President have the power to prevent a member of the Armed Forces from testifying before a legislative inquiry?

154. Veto power155. Distinguish the power of the President to veto a bill and his power

to veto a particular item in an appropriation bill156. The President’s Ordinance power 157. Power of general supervision over local governments158. Supervision defined159. President’s power to investigate and discipline local government

officials160. Who is the sole organ of the State in external relations?161. Treaty-making power of the President162. Explain the nature of the act of ratification of a treaty.163. What is the limitation to this power?164. Power of the President to declare a national emergency vs. Exercise

of emergency powers165. What are the powers of the President which may not be delegated

to or exercised by an agent or alter ego of the President?166. May the President’s borrowing power be exercised by his or her

alter ego, the Secretary of Finance? Why?167. Is the exercise of judicial review meant to supplant the Executive?168. What is the constitutional and statutory basis of the power of the

President to reorganize the executive departments, bureaus and offices?169. What is the extent of the President’s power to reorganize executive

departments, bureaus and offices?170. Residual powers171. Are the powers of the President limited only to the specific powers

enumerated in the Constitution? Why?

172. Please explain the power of the president to “keep the peace”? 173. Presidential immunity from suit174. Scope of presidential immunity from suit175. Executive privilege176. Varieties of executive privilege177. Presidential communications privilege178. Doctrine of “operational proximity”



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179. What are the elements of the so-called presidential communicationsprivilege?

180. Are communications within the executive privilege absolutelyprotected by the Constitution? Explain.

181. What must be shown to overcome this privilege?

182. Is executive privilege a bar to the possible disclosure of crime orwrongdoing?

183. How should the claim of executive privilege be invoked?184. What are required of the Congressional committee conducting a

legislative inquiry when inviting a person to appear before it?185. Are executive officials exempt from the duty to disclose information

by the mere fact of being executive officials? Why?186. How may executive officials exempt themselves from the exercise

by Congress of its power of inquiry? Why?187. Who has the power to invoke executive privilege?188. May the President require that all executive officials to seek prior

consent before attending a legislative inquiry?189. What should be given to officials summoned by Congress on matter

which might covered by executive privilege?190. What is the presumption with respect to presidential

communications?191. What is the nature of the power of the President to enter into

executive agreements or to secure foreign loans?192. Who are the officers covered by the doctrine of “operation

proximity?” 193. How should the Congress overturn this presumption?

194. Is the final text of an international agreement privileged? Why?195. Are the offers exchanged by the parties during the negotiations

toward an international agreement privileged? Why?196. What is the character of the diplomatic negotiations privilege?197. How can the presumption of the privileged character of diplomatic

negotiations be overcome?198. What are the different forms of executive clemency? Briefly explain

each.

The Judiciary

199. Judicial power under the 1987 Constitution200. Judicial power as a duty201. Judicial restraint202. Fiscal autonomy203. What can the Supreme Court specifically do because of its fiscal

autonomy



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204. Automatic release of appropriations defined205. What should be given to entities vested with “fiscal autonomy” in

terms of their appropriations?206. Is a revenue shortfall a valid justification to withhold the release of

funds of these Constitutional bodies?

207. Administrative supervision of the Supreme Court208. Rule-making power of the Supreme Court209. Why rule-making is now an exclusive power of the Supreme Court210. Power of the Supreme Court to control the execution of its

decision as an essential aspect of jurisdiction211. Decision-making process in the Supreme Court

FUNDAMENTAL POWERS OF THE STATE

Police power

212. Police power defined213. Police power v. taxation & eminent domain214. Taxing and eminent domain powers as implements of police power215. Who may exercise police power216. Limitations on police power217. Requisites for a valid exercise

Power of eminent domain

218. Eminent domain defined219. Eminent domain vs. police power220. Eminent domain vs. power of taxation221. Eminent domain as an implement of police power222. Who may exercise the power of eminent domain223. Constitutional limitations on eminent domain224. When is there a compensable “taking”?

225. Requisites for a valid exercise226. Meaning of public use227. Meaning of necessity228. Meaning of just compensation229. What is the contemporary application of the contract clause?230. When should just compensation be paid231. Effect of delay of payment232. Abandonment of intended use and right of repurchase233. Reckoning point for determining just compensation



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THE BILL OF RIGHTS

234. State action doctrine

235. Hierarchy of rights236. Civil rights v. political rights

Due Process

237. Due process defined238. Relativity of due process239. Protection guaranteed by the due process clause240. Who are protected by the due process clause241. Basic requirement for invoking the right to due process:

There must be a deprivation of life, liberty or property242. Meaning of life243. Meaning of liberty244. Meaning of property245. Aspects of due process246. Meaning of procedural due process247. Meaning of substantive due process248. Requirements of procedural due process249. Requirements of substantive due process250. Levels/Standards of review under substantive due process251. Effect of failure to comply with notice and hearing requirements

252. Exceptions to the general rule requiring notice and hearing253. Due process and the right to privacy254. Void for vagueness doctrine255. Publication of laws as a requirement of due process

Equal Protection

256. Meaning of equal protection clause257. Valid and invalid classifications

258. Requirements for a valid classifications259. Standards of review

Privacy of Communication

260. Types of communication protected by the right to privacy of communication and correspondence: Is it a protection against illegalwiretaps?



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261. What are the conditions for permissible intrusion into the privacy of communication and correspondence?262. How does the Writ of Habeas Data ensure protection of the privacyof communication?

Freedom of Speech, Expression and of the Press

263. Meaning of the right to free expression264. Aspects of the freedom of speech265. Freedom from prior restraint266. Examples of prior restraint267. Content-neutral regulation268. Content-based regulation269. Invalid and Valid prior restraints270. Clear and present danger test271. Balancing of Interest test272. Dangerous tendency test273. What is a “facial challenge” of a law?274. Void-for-vagueness doctrine275. Overbreadth doctrine276. Regulation of broadcast media277. Commercial Speech278. Private v . Government Speech279. Heckler’s Veto 280. Public figure doctrine281. Fair commentaries on matters of public interest

282. Unprotected speech283. Obscenity

Liberty of abode & right to travel

284. Liberty of abode285. Right to travel286. Right to return to one’s country

Unlawful Searches & Seizures

287. When does the search or seizure violate the Constitution?288. What protection does the search or seizure clause guarantee?289. What is the basic requirement for the Constitutional prohibition to

apply?290. When is there a government or state action?291. In general, when is a search unreasonable?



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292. What are the requirements for a valid search warrant?293. What are the requirements for a valid arrest warrant?294. When may a warrantless search be deemed valid?295. Probable cause296. Limitations on a search incident to a lawful arrest

297. Requirements for a valid search of a moving motor vehicle298. Requirements for seizure of evidence in plain view299. Requirements for a valid consented search300. Terry search.301. Requirements for a valid Terry search302. Are warrantless searches pursuant to routine airport security

procedure valid?303. Do mandatory drug, alcohol and blood tests violate the right

against unreasonable searches? Explain304. What is the basic requirement in all valid warrantless searches?305. What are the consequences of an unlawful search or seizure?306. Exclusionary rule307. Fruit of the poisonous tree doctrine308. Valid instances of warrantless arrests309. Meaning of probable cause for a valid warrantless arrest310. Requirements for a valid in flagrante arrest311. Overt act requirement312. Requirements for a valid hot pursuit arrest313. Administrative arrest314. Legality of drug, alcohol and blood tests

Rights of persons under investigation

315. What are the Constitutional rights or Miranda rights of personsunder investigation for the commission of an offense?

316. At what point will these rights become available to a person?317. What does custodial investigation mean?318. Are these rights available during a police line up?319. May these rights be invoked in administrative investigations?320. State the Supreme Court’s guidelines on Miranda rights as

expressed in the case of People v. Mahinay

321. State the rule on extra-judicial confessions322. Meaning of right to be informed323. Meaning of right to counsel324. How may these rights be waived?325. What are the requisites for a valid waiver?326. Exclusionary rule in relation to violation of Miranda rights



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Freedom of religion

327. What does the Non-establishment clause mean?328. What are the provisions in the Constitution that support the Non-

establishment clause?329. State the provisions in the Constitution that allow State support or

entanglement with religion?330. What are the requirements for religion to be taught in public

elementary and high schools?331. What is the so-called Lemon Test?332. Benevolent accomodation or neutrality test333. What does the Free-exercise clause mean?334. What are the two basic aspects of religious freedom?335. Which one is absolute?336. What is the belief-action test?337. What kind of protection is accorded to religious speech and

expressive religious conduct?338. What kind of protection is given to religious conduct?339. What is the sole valid justification for a prior restraint or limitation

on religious freedom?340. What is the compelling state interest test from a benevolent

neutrality stance?341. What are the steps to be followed to apply this test?

Rights of the accused under Section 14

342. What are the rights of the accused under Section 14, Article II of the Constitution?

343. Essential requirements of criminal due process344. Delay in the resolution of a case as a violation of due process345. The right of the State to due process346. Presumption of innocence347. Presumption of regularity of performance of official duty vs.

presumption of innocence348. Equipoise rule349. Right to be heard by himself and counsel

350. May the accused waive his right to counsel during trial?351. Is the right of the accused to choose his own counsel during trial

absolute?352. When is negligence of counsel considering denial of right to be

heard?353. Meaning of right of the accused to be informed of the nature and

cause of the accusation against him



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354. What are the requirements of this right?355. What must be alleged in the criminal information?356. May the accused be convicted of a crime for which he was not

charged? Briefly explain?357. Can the accused waive his right to counsel during trial?

358. Can the accused waive his right to be informed of the nature andcause of the accusation against him?

359. Meaning of speedy trial360. Meaning of impartial trial361. Meaning of public trial362. Meaning of right to meet witness face to face363. Actual cross-examination vs. opportunity to cross-examine364. Meaning of right to compulsory process365. What are the requisites for compelling the attendance of witnesses

or production of evidence in behalf of the accused?366. Trial in absentia367. When is the presence of the accused mandatory?

Right to bail

368. Who is entitled to bail?369. When is bail a matter of right?370. When is bail a matter of discretion?371. Does a person who is not under detention have a right to bail?372. Does a person under detention but not yet formally charged have a

right to bail?373. Is the hearing for the application for bail mandatory?374. After receiving an application for bail, what are the things that a

judge must do?375. When is a hearing bail is discretionary, what is mandatory376. When bail is discretionary, what is the burden of the prosecution?377. What must it do to discharge this burden?378. What is the limitation on the power of the court to set bail?379. Does a prospective extradite have the right to bail? Is the right to

bail limited to criminal proceedings? Briefly explain.

Legal assistance & access to courts

380. Free legal assistance381. Free access to courts

Right to information



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382. What are the limitations on the people’s right to information? 383. The right of the accused and the power of the court to control its

proceedings to ensure a fair trial vs. The right of the people to publicinformation, and freedom of the press: Which should prevail?

Habeas corpus

384. What is the writ of habeas corpus?385. Give instances when this privilege is available?386. Writ of amparo387. Writ of habeas data388. Writ of habeas corpus v. writ of amparo389. Writ of habeas corpus v. writ of habeas data390. Writ of amparo v. writ of habeas data

Right against self-incrimination

391. May a person not accused of a crime avail of this right?392. When m ay this right be invoked?393. What kind of compulsion does this right cover?394. Is the use of the body of the accused as evidence violative of this

right?395. May the accused be compelled to produce documents, papers and

chattels that may be used against him?396. May the accused be compelled to produce a specimen of his

handwriting that will be used against him?

Right against involuntary servitude

397. What are the instances when involuntary servitude is deemedvalid?

Prohibited punishments

398. What kinds of punishments are prohibited under Section 10, ArticleIII of the Constitution?

399. When is a punishment cruel or unusual?

The right against double jeopardy

400. What is the basic meaning of the right against double jeopardy?401. What are the three related protections covered by this right?402. What are the requisites for double jeopardy to attach?



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403. What is the finality of acquittal rule?404. What are the exceptions to this rule?

Prohibition on ex post facto laws and bills of attainder

405. Give at least six kinds of ex post facto laws406. What are the characteristics of an ex post facto law?407. Meaning of a bill of attainder408. Characteristics of a bill of attainder409. May a bill of attainder be an ex post facto law?410. May an ex post facto law be at the same time a bill of attainder?

PUBLIC OFFICERS

411. What are the modes of acquiring title to public office?

412. What are the modes and kinds of appointment?413. What are the eligigility and qualification requirements for specific

public offices?414. What are the disabilities and inhibitions of specific public officers?415. What are the powers and duties of public officers in general?416. What are the liabilities of public officers?417. What ar the rights of public officers418. Preventive suspension and back salaries419. Illegal dismissal, reinstatement and back salaries420. Immunity of public officers421. De facto officers422. Termination of Official Relation423. Scope of civil service424. Criterion for appointment and mode of selection425. Accountability public officers426. Impeachment427. Powers of the Ombudsman428. Judicial review in Ombudsman proceedings429. Judicial Review of Ombudsman resolutions430. Sandiganbayan431. Ill-Gotten Wealth

432. Term Limits

ADMINISTRATIVE LAW

433. Creation of administrative agencies434. Powers of administrative agencies in general435. Meaning Quasi-Legislative (Rule Making) power436. Kinds of administrative rules and regulations



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437. Requisites for validity438. Publication: when and when not required439. Quasi-judicial (Adjudicatory) power440. Meaning and requirement of administrative due process\ 441. Administrative appeal and review

442. Administrative res judicata443. Explain the fact-finding, investigative, licensing and rate-fixing

powers of administrative agencies444. What are the judicial recourses, remedies or modes of review of

the exercise of quasi-legislative powers of an administrative agency?445. What are the judicial recourses, remedies or modes of review of the exercise of quasi-judicial powers of an administrative agency?446. Doctrine of primary administrative jurisdiction447. Doctrine of exhaustion of administrative remedies448. Exceptions to the doctrine of exhaustion449. Doctrine of finality of administrative action450. Power of administrative agencies to cite for contempt: when and

when not available

PUBLIC OFFICERS

451. Meaning of suffrage

Who may elect

452. Who may exercise this right: Qualification and disqualification of

Voters453. Registration of voters454. Who has jurisdiction over inclusion and exclusion proceedings

Who may be elected

455. Qualification of individual candidates456. Residency, meaning and elements457. Change of residency: requisites458. Disqualifications of individual candidates under the Constitution

459.

Disqualification of individual candidates under statutes460. Qualification and disqualification of party list candidates461. Qualification and disqualification of party list nominees

Other actors in the election process

462. Powers of the Commission on Elections463. The role of the armed forces



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464. The role of the media

The electoral process

465. Election period

466. Effect of filing on appointive and elective officers467. Substitution of candidates468. Nuisance candidates469. Petition to Deny or Cancel Certificates of Candidacy470. Effect of Disqualification471. Withdrawal of Candidates472. Prohibited acts during campaign473. Premature campaigning, is it illegal? Briefly explain.474. Prohibited Contributions475. Role of the Board of Canvassers

Remedies in election law

476. Petition Not to Give Due Course to Certificate of Candidacy: Whencan it be filed and on what ground/s

477. Petition to Declare Failure of Elections: When can it be filed and onwhat ground/s

478. Pre-Proclamation Controversy: When can it be filed and on whatground/s

479. Election Protest: When can it be filed and on what ground/s480. Quo Warranto: When can it be filed and on what ground/s

481. Election protest v. quo warranto482. Who may prosecute for election cffenses483. Outline the jurisdiction of various courts/tribunals in election

controversies

LOCAL GOVERNMENTS

484. Concept of public corporations



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485. Public corporations v. Government-Owned or ControlledCorporations

486. Classifications of public corporations487. Elements of municipal corporations

488. Nature and function of municipal corporations489. Requisites for Creation, Conversion, Division, Merger or Dissolution490. Meaning of local autonomy491. Meaning of fiscal autonomy492. Extent and limitation of LGUs taxing power493. Exent and limitation of LGUs eminent domain power494. Extent and limitation of LGUs police power495. Extent and limitation of power to close and open roads496. Extent and limitation of legislative power497. Liability for torts and contracts498. May local governments be sued?499. Are properties of local governments exempt from execution?500. Requisites for entering into a valid contract501. Doctrine of implied municipal liability502. Settlement of boundary disputes503. Succession of elective officials504. Discipline of local officials: Who may exercise and on what grounds505. State the nepotism rule under the Local Government Code506. Preventive suspension507. Removal508. Administrative Appeal

509. Doctrine of Condonation510. Appointive Officials511. Recall512. Term Limits

NATIONAL ECONOMY AND PATRIMONY/SOCIALJUSTICE & HUMAN RIGHTS/EDUCATION, SCIENCE,

TECHNOLOGY, ARTS, CULTURE AND SPORTS

513. Meaning of Regalian Doctrine

514. Filipino first policy515. Meaning of academic freedom

PUBLIC INTERNATIONAL LAW

516. Meaning of international law517. Obligations Erga Omnes518. Jus Cogens



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519. Concept of Aeguo Et Bono520. Which should prevail? International law or municipal law?521. What are the recognized sources of international law?522. What is the difference between a treaty and international

agreement?

523. Who are the subjects of international law?524. Cardinal principles under the United Nations charter525. Role and function of the General Assembly, Security Council and

International Court of Justice526. Diplomatic and consular law in general527. What are the immunities enjoyed by diplomatic agents?528. Treaties529. Nationality and Statelessness530. Treatment of Aliens531. Extradition, fundamental principles and procedure532. Extradition v. deportation533. Universal Declaration of Human Rights534. International Covenant on Civil and Political Rights (ICCPR)International Covenant on Economic, Social and Cultural Rights (ICESCR)

535. International Armed Conflicts536. Internal or Non-International Armed Conflict537. War of National Liberation538. Core International Obligations of States in International

Humanitarian Law539. Treatment of Civilians540. Prisoners of War

541. Law on Neutrality542. Law of the Sea in general543. United Nations Convention on the Law of the Sea544. Baselines545. Archipelagic States

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

546. What are internal waters?547. What are the rights of states with respect to their internal waters?548. What is the territorial sea?

549. What are the rights of a state with respect to its territorial sea?550. What is the exclusive economic zone?551. What are the rights of a state with respect to its exclusive

economic zone?552. What is a continental shelf?553. What are the rights of a state with respect to its continental shelf?554. What is the extended continental shelf?



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555. What are the rights of a state with respect to its extendedcontinental shelf?

556. Tribunal of the Law of the Sea557. When and how does the Tribunal of the Law of the Sea acquire

jurisdiction over a dispute?

558. International Environment Law: Give at least seven basic principlesof international environmental law and briefly explain each.

559. Principle 21 of Stockholm Declaration

ASSIGNED CASES (selected recent jurisprudence)

Biraogo v. Philippine Truth Commission, 07 December 2010 Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 2010De Castro v. Judicial and Bar Council, 17 March 2010Neri v. Senate Committee on Accountability of Public Officers, 25 March 2008Neri v. Senate Committee, 04 September 2008Lawyers Against Monopoly v. Sec. of Budget and Management, April 24, 2012Petition for Recognition of Exemption of GSIS from Payment of Docket Fees, 11 February 2010, A.M. No. 08-2-01-0

Ang Ladlad LGBT Party v. Comelec, April 8, 2010Funa v. Commission on Audit, G.R. No. 192791People v. Bangcarawan, 384 SCRA 525, 11 July 2002City of Manila v. Laguio Jr., 455 SCRA 308Chavez v. Gonzales, 15 February 2008Pollo v. David, GR No. 181881, 18 October 2011People v. Ng, G.R. No. 180452, January 10, 2011Social Justice Society v. Dangerous Drugs Board, G.R. No. 157870, November 3,

2008 Alejano v. Cabuay, 25 August 2005Lumanog v. People, G.R. No. 182555 : September 7, 2010Carbonnel v. Civil Service Commission, G.R. No. 187689, 07 September 2010Gov’t of Hong Kong v. Olalia, 19 April 2007 Secretary of National Defense v. Manalo, 07 October 2008, G.R. No. 180906Rodriguez v. Arroyo, 15 November 2011, G.R. No. 191805Balao v. Arroyo, G.R. No. 186050, 13 December 2011Castillo v. Cruz, G.R. No. 182165, 25 November 2009Navia v. Pardico, June 19, 2012, GR Nos. 184467Japzon v. Comelec, 19 January 2009Nicolas-Lewis v. Comelec, 04 August 2006

Abdul Gaffar P.M. Dibaratun v. Comelec, 02 February 2010Mitra v. Comelec, 02 July 2010Quinto v. Comelec, 22 February 2010Penera v. Comelec, G.R. No. 181613, 25 November 2009Bedol v. Commission on Elections, 03 December 2009, G.R. No. 179830)Nacu v. Civil Service Commission, G.R. No. 187752, 23 November 2010Bayan Muna v. Romulo, G.R. No. 159618, 01 February 2011Magallona v. Ermita, G.R No. 187167, July 16, 2011



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IMPORTANT REMINDERS

Written Requirements

1. Hand-written answers to all the guide questions.2. Hand-written digests of all the assigned cases.

The handwritten answers to the guide questions and hand-written digests

shall serve as your Personal Reviewer. Both requirements shall be submitted five(5) days before the final examination.

Failure to submit or the submission of an incomplete Personal Reviewershall lead to an automatic failing grade. Submission of falsified PersonalReviewer (those not personally handwritten by the student) shall be a ground fora final grade of “70” and a recommendation of expulsion from the college.

All Personal Reviewers shall be returned to each student after the releaseof the grading sheet.

Grading System:

Grades shall be computed on the basis of a student’s performance in theexaminations, recitations and hand-written assignment.

At least eight (8) examinations, including midterm and final examinations,will be given. Examinations shall be in the MCQ and traditional bar essayformats.

Recitations will be conducted every session. During recitations, everystudent must be ready to answer the questions or recite the facts and the law of the case given in the guide. However, questions for graded recitations shall not

be limited to the questions in the guide. For each recitation, each student mayobtain a score of from 0 to 5 pts, depending on his or her performance.

However, those students who are called for recitation but are not present,for whatever the reason, shall each obtain a score of -1 pts (Negative 1 point).



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Each meeting, at least 30 questions in the guide will be covered in therecitations. After the guide questions are covered, recitations will cover theassigned cases related to the topics covered by the guide questions.

Those with Personal Reviewers shall be evaluated on the basis of

correctness of answers, completeness of answers, organization and presentation.

political law reviewer assignment 2012-2013 version c

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