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Bar Examinations 2019: Political and International Law Syllabus, Schemes and Mind Maps of Law

Isabela State University (ISU)Law

The syllabus for the Political and International Law subject of the 2019 Bar Examinations in the Philippines. It covers key topics under the core subject, including preliminary provisions, legislative department, executive department, judicial department, constitutional commissions, Bill of Rights, citizenship, law on public officers, administrative law, election law, local governments, national economy and patrimony, social justice and human rights, education, science, technology, arts, culture and sports, family, amendments or revisions of the Constitution, public international law, refugees, extradition, and basic principles of International Human Rights Law and International Humanitarian Law, among others.

Typology: Schemes and Mind Maps

2021/2022

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2019 Bar Examinations POLITICAL AND INTERNATIONAL LAW
Page 1 of 6
SYLLABUS FOR THE 2019 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
NOTE: This syllabus is an outline of the key topics that fall under the core subject “Political and
International Law”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances,
and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the
coverage of the 2019 Bar Examinations.
I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS
A. National territory
B. Declaration of principles and State policies
C. Separation of powers
D. Checks and balances
E. State immunity
II. LEGISLATIVE DEPARTMENT
A. Legislative power
1. Scope and limitations
2. Principle of non-delegability; exceptions
B. Houses of Congress; composition and qualification of members
1. Senate
2. House of Representatives
a. District representatives and questions of apportionment
b. Party-list system
C. Privileges, inhibitions, and disqualifications
D. Discipline of members
E. Process of law-making
F. Quorum and voting majorities
G. Appropriation and re-alignment
H. Legislative inquiries and oversight functions
I. Power of impeachment
J. Electoral Tribunals
K. Commission on Appointments
L. Initiative and referendum
III. EXECUTIVE DEPARTMENT
A. Qualifications, election, and term of the President and Vice-President
B. Privileges, inhibitions, and disqualifications
C. Powers of the President
1. Executive and administrative powers in general
2. Power of appointment
a. Confirmation and by-passed appointments
b. Midnight and ad interim appointments
c. Power of removal
3. Power of control and supervision
a. Doctrine of qualified political agency
b. Executive departments and officers
c. Local Government Units
4. Military powers
a. Calling out power
b. Declaration of Martial Law and suspension of the privilege of the
writ of habeas corpus; requisites and parameters of extension
5. Executive clemency
6. Powers pertinent to foreign relations
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SYLLABUS FOR THE 2019 BAR EXAMINATIONS

POLITICAL AND INTERNATIONAL LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Political and International Law”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019 Bar Examinations.

I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS

A. National territory B. Declaration of principles and State policies C. Separation of powers D. Checks and balances E. State immunity

II. LEGISLATIVE DEPARTMENT

A. Legislative power

  1. Scope and limitations
  2. Principle of non-delegability; exceptions B. Houses of Congress; composition and qualification of members
  3. Senate
  4. House of Representatives a. District representatives and questions of apportionment b. Party-list system C. Privileges, inhibitions, and disqualifications D. Discipline of members E. Process of law-making F. Quorum and voting majorities G. Appropriation and re-alignment H. Legislative inquiries and oversight functions I. Power of impeachment J. Electoral Tribunals K. Commission on Appointments L. Initiative and referendum

III. EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of the President and Vice-President B. Privileges, inhibitions, and disqualifications C. Powers of the President

  1. Executive and administrative powers in general
  2. Power of appointment a. Confirmation and by-passed appointments b. Midnight and ad interim appointments c. Power of removal
  3. Power of control and supervision a. Doctrine of qualified political agency b. Executive departments and officers c. Local Government Units
  4. Military powers a. Calling out power b. Declaration of Martial Law and suspension of the privilege of the writ of habeas corpus ; requisites and parameters of extension
  5. Executive clemency
  6. Powers pertinent to foreign relations

D. Rules of succession

IV. JUDICIAL DEPARTMENT

A. Judicial power B. Judicial review

  1. Requisites
  2. Political question doctrine
  3. Moot questions
  4. Operative fact doctrine C. Safeguards of judicial independence
  5. Judicial and Bar Council a. Composition b. Powers
  6. Fiscal autonomy D. Qualifications of members of the Judiciary E. Workings of the Supreme Court
  7. En banc and division cases
  8. Procedural rule-making
  9. Administrative supervision over lower courts
  10. Original and appellate jurisdiction

V. CONSTITUTIONAL COMMISSIONS

A. Common provisions B. Powers and functions of the CSC, COMELEC, and COA C. Composition and qualifications of members D. Prohibited offices and interests E. Review of final orders, resolutions, and decisions

VI. BILL OF RIGHTS

A. Fundamental powers of the State

  1. Police power
  2. Eminent domain
  3. Taxation B. Private acts and the Bill of Rights C. Rights to life, liberty, and property
  4. Procedural and substantive due process
  5. Void-for-vagueness doctrine
  6. Hierarchy of rights D. Equal protection
  7. Requisites for valid classification
  8. Rational basis, strict scrutiny, and intermediate scrutiny tests E. Searches and seizures
  9. Requisites for a valid warrant
  10. Warrantless searches and seizures
  11. Administrative arrests
  12. Evidence obtained through purely mechanical acts F. Privacy of communications and correspondence
  13. Private and public communications
  14. Intrusion, when allowed; exclusionary rule G. Freedom of speech and expression
  15. Prior restraint and subsequent punishment
  16. Content-based and content-neutral regulations
  17. Facial challenges and the overbreadth doctrine
  18. Dangerous tendency, balancing of interests, and clear and present danger tests
  19. State regulation of different types of mass media

b. Judicial review in administrative proceedings c. Judicial review in penal proceedings

  1. Office of the Special Prosecutor
  2. The Sandiganbayan

IX. ADMINISTRATIVE LAW

A. General principles B. Powers of administrative agencies

  1. Quasi-legislative (rule-making) power a. Kinds of administrative rules and regulations b. Requisites for validity
  2. Quasi-judicial (adjudicatory) power a. Administrative due process b. Administrative appeal and review c. Administrative res judicata
  3. Fact-finding, investigative, licensing, and rate-fixing powers C. Doctrines of primary jurisdiction and exhaustion of administrative remedies

X. ELECTION LAW

A. Suffrage

  1. Qualification and disqualification of voters
  2. Registration and deactivation
  3. Inclusion and exclusion proceedings
  4. Local and overseas absentee voting
  5. Detainee voting B. Candidacy
  6. Qualifications and disqualifications of candidates
  7. Filing of certificates of candidacy a. Effect of filing b. Substitution and withdrawal of candidates c. Nuisance candidates d. Duties of the COMELEC C. Remedies and jurisdiction
  8. Petition to deny due course or cancel a certificate of candidacy
  9. Petition for disqualification
  10. Failure of election, call of special election
  11. Pre-proclamation controversy
  12. Election protest
  13. Quo warranto

XI. LOCAL GOVERNMENTS

A. Principles of local autonomy B. Autonomous regions and their relation to the national government C. Local government units

  1. Powers a. Police power (general welfare clause) b. Eminent domain c. Taxing power d. Legislative power i. Requisites for valid ordinance ii. Local initiative and referendum e. Ultra vires acts
  2. Liability
  3. Settlement of boundary disputes
  4. Vacancies and succession
  5. Recall
  1. Term limits

XII. 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

XIII. SOCIAL JUSTICE AND HUMAN RIGHTS

A. Concept B. Economic, social, and cultural rights C. Commission on Human Rights

XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND

SPORTS

A. Academic Freedom

XV. THE FAMILY

A. Rights

XVI. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

A. Procedure to amend or revise the Constitution

XVII. PUBLIC INTERNATIONAL LAW

A. Concepts

  1. Obligations erga omnes
  2. Jus cogens
  3. Ex aequo et bono B. Relationship between international and national law C. Sources of obligations in international law D. Subjects
  4. States
  5. International organizations
  6. Individuals E. Jurisdiction of states
  7. Basis of jurisdiction a. Territoriality principle b. Nationality principle and statelessness c. Protective principle d. Universality principle e. Passive personality principle
  8. Exemptions from jurisdiction a. Act of State doctrine b. International organizations and its officers F. General principles of treaty law G. Doctrine of state responsibility I. Refugees J. Extradition K. Basic principles of International Human Rights Law L. Basic principles of International Humanitarian Law M. Law of the sea
  9. Baselines