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POLITICAL LAW
I. THE PHILIPPINE CONSTITUTION 1. Senate
disqualifications
A. Who may exercise legislative power i. Limitations on revenue, appropriations, and tariff
1. Congress measures
B. Houses of Congress
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1. Presidential immunity
V. JUDICIAL DEPARTMENT
2. Presidential privilege
A. Concepts
B. Powers
1. Judicial power
1. Executive and administrative powers in general
2. Judicial review; requisites
2. Power of appointment
a. Operative fact doctrine
a. In general
b. Moot questions
b. Commission on Appointments confirmation
c. Political question doctrine
c. Midnight appointments
B. Safeguards of Judicial independence
d. Power of removal
C. Judicial restraint
3. Power of control and supervision
D. Appointments to the Judiciary
a. Doctrine of qualified political agency
1. Judicial and Bar Council
b. Executive departments and offices
E. Supreme Court
c. Local government units
1. En banc and division cases
4. Military powers
2. Procedural rule-making
5. Pardoning power
3. Administrative supervision over lower courts
a. Nature and limitations
4. Original and appellate jurisdiction
b. Forms of executive clemency
6. Diplomatic power
VI. CONSTITUTIONAL COMMISSIONS
7. Powers relative to appropriation measures
A. Constitutional safeguards to ensure
a. Validity of transferring savings between
independence of commissions
departments
B. Powers and functions of each commission
8. Delegated powers
C. Prohibited offices and interests
9. Veto powers
D. Jurisdiction of each constitutional commission
10. Residual powers
E. Review of final orders, resolutions, and decisions
11. Executive privilege
functions 1. Concept
warrant
VII. BILL OF RIGHTS
3. Warrantless searches
A. Fundamental powers of the state:
4. Warrantless arrests
Police Power,
5. Administrative arrests
Eminent Domain,
6. Drug, alcohol, and blood tests
Taxation
F. Privacy of communications and correspondence
1. Concept, application and limits
1. Private and public communications
2. Requisites for valid exercise
2. Intrusion, when allowed
3. Similarities and differences
3. Writ of habeas data
4. Delegation
G. Freedom of expression
B. Private acts and the Bill of Rights
1. Concept and scope
C. Due process – the rights to life, liberty & property
a. Prior restraint (censorship)
1. Relativity of due process
b. Subsequent punishment
2. Procedural and substantive due process
2. Content-based and content-neutral regulations
3. Constitutional and statutory due process
a. Tests
4. Hierarchy of rights
b. Applications
5. Judicial standards of review
3. Facial challenges and the overbreadth doctrine
6. Void-for-vagueness doctrine
4. Tests
D. Equal protection
5. State regulation of different types of mass media
1. Concept
6. Commercial speech
2. Requisites for valid classification
7. Private vs. government speech
3. Standards of judicial review
8. Heckler’s veto
a. Rational Basis Test
H. Freedom of religion
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a. Determination 2. Application
T. Involuntary servitude and political prisoners 2. Illegal dismissal, reinstatement and back salaries
1. Requisites 1. Scope
1. Impeachment
Canvassers
XI. ELECTION LAW
1. Composition
A. Suffrage
2. Powers
B. Qualification and disqualification of voters
I. Remedies and jurisdiction in election law
C. Registration of voters
1. Petition not to give due course to or cancel a
D. Inclusion and exclusion proceedings
certificate of candidacy
E. Political parties
2. Petition for disqualification
1. Jurisdiction of the COMELEC over political parties
3. Petition to declare failure of elections
2. Registration
4. Pre-proclamation controversy
F. Candidacy
5. Election protest
1. Qualifications of candidates
6. Quo warranto
2. Filing of certificates of candidacy
J. Prosecution of election offenses (EXCLUDE:
a. Effect of filing
penal provisions)
b. Substitution of candidates
INCLUDE THE FOLLOWING LAWS:
c. Ministerial duty of COMELEC to receive
Omnibus Election Code of the Philippines (B.P. Blg.
certificates
881 as amended)
d. Nuisance candidates
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2. Classifications i. Grounds
XIV. SOCIAL JUSTICE AND HUMAN RIGHTS b. Nationality principle and statelessness
1. Extradition
A. Concepts b. Procedure
B. Relationship between international and national 2. International Covenant on Civil and Political
law Rights
E. Basic principles of diplomatic and consular law b. Internal or non-international armed conflict
International
Against
Humanity)
1. Baselines
2. Archipelagic states
b. Archipelagic waters
d. Regime of islands
3. Internal waters
4. Territorial sea
6. Continental shelf
law
1. Precautionary principle