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.

LEGEND:
 in BLUE: new topics under the 2019 syllabus, not found on the 2018 syllabus
 in RED: topics under the 2018 syllabus NOW DELETED from the 2019 syllabus
 in BLACK: topics under both 2018 and 2019 syllabi

I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS

[A. Constitution: definition, nature, and concepts

B. Parts
D. Self-executing and non-self-executing provisions
E. General provisions
F. Delegation of powers
G. Forms of government]

A. National territory
- Archipelagic doctrine
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 

A. Who may exercise legislative power
1. Congress

2. Regional/Local legislative power
3. People’s initiative on statutes
4. The President under a martial law rule or in a revolutionary government
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 

1. Nature
2. Powers
K. Commission on Appointments 

L. Initiative and referendum 

[G. Powers of Congress
1. Legislative

b. Bicameral conference committee

c. Limitations on legislative power
i. Limitations on revenue, appropriations, and tariff measures
ii. Presidential veto and Congressional override
2. Non-legislative
a. Informing function

c. Other non-legislative powers]

III. EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of the President and Vice-President 


B. Privileges, inhibitions, and disqualifications 

 1. Presidential immunity
2. Presidential privilege
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 

a. In general
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
[7. Powers relative to appropriation measures 

a. Validity of transferring savings between departments 

8. Delegated powers
9. Veto powers 

10. Residual powers 

11. Executive privilege 

12. Emergency powers]

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
1. Judicial and Bar Council 

a. Composition 

b. Powers 

2. Fiscal autonomy 

D. Qualifications of members of the Judiciary 

E. Workings of the Supreme Court 

1. En banc and division cases 

2. Procedural rule-making 

3. Administrative supervision over lower courts 

4. Original and appellate jurisdiction 

[C. Judicial Restraint]

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
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions

[A. Constitutional safeguards to ensure independence of commissions
D. Jurisdiction of each constitutional commission]

VI. BILL OF RIGHTS

A. Fundamental powers of the State
1. Police power 

2. Eminent domain 

3. Taxation 

1. Concept, application and limits
2. Requisites for valid exercise
3. Similarities and differences

4. Delegation
B. Private acts and the Bill of Rights 

C. Rights to life, liberty, and property 

1. Procedural and substantive due process
2. Void-for-vagueness doctrine
3. Hierarchy of rights
1. Relativity of Due Process
3. Constitutional and statutory due process
5. Judicial standards of review
D. Equal protection
1. Requisites for valid classification

2. Rational basis, strict scrutiny, and intermediate scrutiny tests
1. Concept
E. Searches and seizures
1. Requisites for a valid warrant; warrant requirement 

2. Warrantless searches and seizures 

3. Administrative arrests 

4. Evidence obtained through purely mechanical acts 

1. Concept
4. Warrantless arrests
6. Drug, alcohol, and blood tests
F. Privacy of communications and correspondence
1. Private and public communications 

2. Intrusion, when allowed; exclusionary rule 

3. Writ of habeas data
G. Freedom of speech and expression
 1. Prior restraint and subsequent punishment 

2. Content-based and content-neutral regulations 

a. Tests
b. Applications
3. Facial challenges and the overbreadth doctrine 

4. Dangerous tendency, balancing of interests, and clear and present danger
 tests 

5. State regulation of different types of mass media 

6. Commercial speech
7. Unprotected speech
[7. Private vs. government speech
8. Heckler’s veto]
H. Freedom of religion
1. Non-establishment and free-exercise clauses
a. Concept and basis
b. Acts permitted and not permitted by the clause
c. Test
2. Benevolent neutrality and conscientious objectors 

3. Lemon and compelling state interest tests 

[3. Tests
a. Clear and present danger test
c. Conscientious objector test]
I. Liberty of abode and right to travel
1. Scope and limitations
2. Watch-list and hold departure orders
3. Return to one’s country
J. Right to information
1. Scope and limitations
2. 
 Publication of laws and regulations
3. Access to court records
4. Right to information relative to:
a. Government contract negotiations
b. Diplomatic negotiations
K. Right of association
L. Eminent Domain
1. Concept
2. Expansive concept of public use 

 3. Just compensation 

a. Determination
b. Effect of delay
4. Expropriation by local government units 

[4. Abandonment of intended use and right of repurchase
5. Miscellaneous application]
M. Non-impairment of contracts 

1. Contemporary application of the contract clause
N. Free access to courts and adequate legal assistance 

O. Custodial investigation rights 

1. Availability
2. Requisites
3. Waiver
P. Rights of the accused 

1. Criminal due process

2. Bail

3. Presumption of innocence

4. Right to be heard

5. Assistance of counsel

6. Right to be informed

7. Right to speedy, impartial and public trial
8. Right of confrontation

9. Compulsory process
10. Trial in absentia

Q. Right to the speedy disposition of cases 

R. Right against self-incrimination
1. Scope and coverage
a. Foreign laws
2. Application
3. Immunity statutes

S. Right against double jeopardy 

1. Requisites
 2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
T. Involuntary servitude 

U. Right against excessive fines, and cruel and inhuman punishments 

V. Non-imprisonment for debts 

W. Ex post facto laws and bills of attainder

X. Writs of habeas corpus, kalikasan, habeas data, and amparo

VII. CITIZENSHIP

A. Who are Filipino citizens 


B. Modes of acquiring citizenship 

C. Loss and re-acquisition of Philippine citizenship 

D. Dual citizenship and dual allegiance 

E. Foundlings 

[C. Naturalization and denaturalization
F. Natural-born citizens and public office]

VIII. 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. Rights and liabilities of public officers 

1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
G. De facto vs. de jure officers 

H. Termination of official relation 

I. The Civil Service
1. Scope
 2. Appointments to the civil service

J. Personnel actions 

K. Accountability of public officers
1. Discipline
a. Grounds 

b. Jurisdiction 

c. Dismissal, preventive suspension, reinstatement and back salaries 

d. Condonation doctrine 

2. Impeachment 

3. The Ombudsman
a. Functions 

b. Judicial review in administrative proceedings
c.
 Judicial review in penal proceedings
4. Office of the Special Prosecutor
5. The Sandiganbayan
4. Ill-gotten wealth
[F. Powers and duties of public officers
I. Immunity of public officers
N. Term limits]

IX. ADMINISTRATIVE LAW

A. General principles 

B. Powers of administrative agencies
a. Quasi-legislative (rule-making) power
a. Kinds of administrative rules and regulations 

b. Requisites for validity 

b. Quasi-judicial (adjudicatory) power
a. Administrative due process 

b. Administrative appeal and review 

c. Administrative res judicata 

c. Fact-finding, investigative, licensing, and rate-fixing powers 

C. Doctrines of primary jurisdiction and exhaustion of administrative remedies 

3. Doctrine of Finality of Administrative action
[B. Administrative Agencies
1. Definition
2. Manner of Creation
3. Kinds]

X. ELECTION LAW

A. Suffrage
a. Qualification and disqualification of voters 

b. Registration and deactivation 

c. Inclusion and exclusion proceedings 

d. Local and overseas absentee voting 

e. Detainee voting 

B. Candidacy
a. Qualifications and disqualifications of candidates 

b. Filing of certificates of candidacy
a. Effect of filing 

b. Substitution and withdrawal of candidates 

c. Nuisance candidates 

d. Duties of the COMELEC 

c. Ministerial duty of COMELEC to receive certificates
f. Effect of disqualification
C. Remedies and jurisdiction
a. Petition to deny due course or cancel a certificate of candidacy 

b. Petition for disqualification 

c. Failure of election, call of special election 

d. Pre-proclamation controversy 

e. Election protest 

f. Quo warranto 

[E. Political parties
 1. Jurisdiction of the COMELEC over political parties
2. Registration
G. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers
1. Composition
2. Powers
J. Prosecution of election offenses]

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 

4. Closure and opening of roads
6. Corporate powers
a. To sue and be sued
b. To acquire and sell property
c. To enter into contracts
i. Requisites
ii. Ultra vires contracts
2. Liability

3. Settlement of boundary disputes
 4. Vacancies and succession

5. Recall 

6. Term limits
10. Discipline of local officials
a. Elective officials
i. Grounds
ii. Jurisdiction
iii. Preventive Suspension
iv. Removal
v. Administrative Appeal
vi. Doctrine of condonation
b. Appointive officials
[A. Public corporation
1. Concept
a. Distinguished from government-owned or controlled corporations
2. Classifications
a. Quasi-corporations
b. Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger, or dissolution]

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
1. States 

2. International organizations 

3. Individuals 

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 its officers 

F. General principles of treaty law 

G. Doctrine of state responsibility 

I. Refugees 

J. Extradition 

1. Fundamental principles
2. Procedures
3. Distinguished from deportation
K. Basic principles of International Human Rights Law 

1. Universal Declaration of Human Rights
2. International Convention on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
L. Basic principles of International Humanitarian Law 

1. Categories or armed conflicts
a. International armed conflicts
b. Internal or non-international armed conflicts
c. War of national liberation
2. R.A. 9851
M. Law of the sea 

1. Baselines
2. Archipelagic states
a. Straight archipelagic baselines
b. Archipelagic waters
c. Archipelagic sea lanes passage
d. Regime of islands
3. Internal waters
4. Territorial sea
 5. Contiguous zone
6. Exclusive economic zone
7. Continental shelf and extended continental shelf
8. International Tribunal for the Law of the Sea
N. Basic principles of International Environmental Law
1. Precautionary principle
[E. Basic principles of diplomatic and consular law
G. Nationality and statelessness]