2020 Political Law Bar Syllabus

nvepublic of the Supreme Court *lanila OFFICE OF THE PRESIDENT OF THE BAR 2020 BAR BULLETIN N° 3 P. 2020 PROGRAM OF THE BAR EXAM POLITICAL AND INTERNATIONAL LAW Attached is the Report on Political and International Law, which will take place on November 8, 2020. Candidate lawyers are advised to be guided by the provisions of the Constitution, laws, rules, editions and canonical legal doctrines relevant to the topics listed as of June 30, 2019, unless this is provided for in the appropriate program. For your information and advice. 14 February 2020. 2020 Associate Justice Chair and Bar Examinations Program for the 2020 Bar Exams Note: All candidate lawyers must be guided only – unless only laws, rules, expenses with their respective amendments are provided for in this program; and the canonical teachings, which were published in the 30th century. June 2019 are relevant to these topics, the verifiable documents are in the context of the 2020 bar exams. 1. THE 1987 CONSTITUTION A. Type and concept of a constitution B. Parts of a constitution C. Amendments and revisions D.

Methods of interpretation of the constitution 11. BASIC CONCEPTS A. Declaration of principles and policy of the State B. Sovereignty C. Immunity of the State D. Separation of powers E. Checks and balances F. Delegation of powers G. Fundamental rights of the State Side of 17 l. Police power 2. Eminent area 3.

Taxation 111. NATIONAL TERRITORY 1 I NATIONALITY A. Types of citizenship, purpose of distinguishing citizenship and types of citizenship B. Who are the citizens C. D. Who can be a citizen Modes of acquisition of citizenship E. Modes of loss and reacquisition of citizenship F. Dual citizenship and dual membership LEGISLATIVE DEPARTMENT A. Legislative power page 2 of 17 l. Scope and limits 2. Principle of non-delegability; Exceptions B.

Houses of Congress; composition; Qualifications l. Senate 2. House of Representatives a. District representatives and distribution issues b. Party list system C. Legislative privileges, inhibitions and disqualifications D. Quorum and voting majorities E. Discipline of members Legislative process G. Electoral tribunals and nominating commission l. Nature 2. Powers H.

Powers of Congress Legislative inquiries and oversight functions 2. Non-legislative a. Information function b. Power of impeachment 1. Initiative and referendum Page of 17 VI. EXECUTIVE DEPARTMENT A. Qualifications, election and term of office of the President and Vice-President B. Privileges, inhibitions and disqualifications l.

Immunity of the President 2. Presidential privilege C. Powers of the President l. Executive and administrative powers 2. Power of appointment a. As a general rule b. Restrictions on the exercise/execution of d. Types of appointments 3. Power of control and supervision a. Doctrine of qualified political capacity b. Departments and Executive Offices v. Local authorities 4.

Emergency power supply 5. Commander-in-Chief of Powers a. Appeal of credentials b. Proclamation of martial law and suspension of the privilege of habeas corpus judgment; Enlargement 6. Grace of the executive •a. Nature and limits b. Forms of grace of the executive D. 7. Diplomatic power 8. Powers relating to appropriation measures 9. Delegated authorities 10. Residual powers l l.

Right of veto Succession Vll. MINISTRY OF JUSTICE A. Concepts l. “Jurisdiction 2. Judicial review Page 4 of 17 a. Prerequisites b. Operational factual theory e. Political question Doctrine B. Independence and autonomy of the judiciary C. Appointments to the judiciary l.

Qualifications of members of the judiciary 2. Bar association a. Composition b. Powers D. The Supreme Court I. Composition 2. Powers and functions Vlll. CONSTITUTIONAL COMMITTEES A. Common provisions B. Institutional independence Guarantees C. Powers and functions D.

Composition and qualification of members E. Prohibited functions and interests rx. A. BILL OF RIGHTS Concept of the Bill of Rights l. “Privacy and Autonomy 2. Relationship with human rights B. Due process of law l. Concept of the right to life, liberty and property 2.

Types of due process a. Facts b. Procedure i. Judicial ii. Administrative page 5 of 17 v. Stages of control C. Equal protection of laws l. Concept 2.

Conditions for a valid classification 3. ` Degree of control D. Right versus inappropriate Searches and seizures l. Concept of privacy 2. Concept of search 3. Requirements for the validity of an arrest warrant 4. Searches without a search warrant 5. Arrests without warrant and detention 6. Exclusion rule 7. Effects of inappropriate searches and seizures 8. Effects of unlawful detention E. Data protection of communications and correspondence Concept of communication, correspondence 2.

Intrusion, when and how to permit 3. Exclusion rule Freedom of speech and expression l. Concept a. Continuum of thoughts, language, expression and speech b. Objectives of the doctrines of freedom of expression c, balance between unbridled freedom of expression Expression and freedom 2. Types of rules a. Prior restriction and subsequent sanction b. Content-based and content-neutral incitement and advocacy d. Specificity of the regulation and doctrine of dissemination e.

Regulation of speech in relation to elections f. Language regulations in relation to the media 3. Forensic analysis, presumptions and levels and types of examination 4. Specific issues in cases of freedom of expression a. Hate speech Page 6 of 17 b. Defamation and defamation Incitement to hatred and speech in the context of the Rebellion Obscenity/Pornography e. V. Advertising language f. National emergencies g. Speeches by public officials 5.

Neighbouring rights a. Freedom of assembly b. Freedom of association v. Freedom of information G. Freedom of religion l. Basic principles a. Concept of religion 2. Principle of separation of Church and State 3. Non-explanatory clause 4. Freedom of free exercise clause H. Freedom of residence and freedom of movement Scope and freedom of movement Scope and freedom of movement Restrictions 2.

Watchlist and orders of departure I. Eminent area l. Concept 2. Only compensation 3. Abandonment of the purpose of the use and right of redemption 4.

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