SYLLABUS FOR THE 2023 BAR EXAMINATIONS

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW (15%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are
examinable materials within the coverage of the 2023 Bar Examinations.

PART ONE: POLITICAL LAW

POWERS AND STRUCTURES OF GOVERNMENT

I. Preliminary Concepts
A. Nature of a Constitution
1. Parts
2. Manner of Interpretation (Self-Executing and Non-Executing
Character)
3. Process of Change (Amendments and Revisions)
B. The Philippines as a State
1. Elements (People, Territory, Government, and Capacity to Enter
into Relations With Other States)
2. Distinction Between Internal and External Self-Determination
C. Fundamental Powers of the State
1. Police Power
2. Eminent Domain
3. Taxation
a) Constitutional Exemption Principles
D. Relevance of the Declaration of Principles and State Policies
E. Dynamics Among the Branches of Government
1. Separation of Powers
2. System of Checks and Balances
3. Delegation of Powers
F. State Immunity
1. Basis
2. Exceptions
G. The National Territory
1. Scope (Terrestrial, Aerial, and Fluvial Domains)
2. Archipelagic Doctrine

II. Legislative Department

A. Nature of Legislative Power
1. Derivative and Delegated Power
2. Plenary Character
3. Limitations
a) Substantive - Bill of Rights

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 b) Procedural - Manner of Passage and Form of Bills
4. Law-Making Distinguished from Law-Execution
a) Filling-Up Details
b) Ascertainment of Facts
5. Exceptions to Non-Delegability
a) Local Governments
b) Presidential Power in Times of War and National
Emergency, Including Martial Law and in a Revolutionary
Context
c) Fixing Tariff Rates, Quotas, and Other Duties
6. Legislative Power of the People Through Initiative and
Referendum
B. Bicameral Congress
1. Senate
2. House of Representatives
a) District Representatives and Mechanics of Apportionment
b) Party-List System
C. Legislative Privileges, Disclosure of Financial and Business Affairs,
Prohibitions, Inhibitions, and Disqualifications
D. Quorum and Voting Majorities
E. Discipline of Members
F. Process of Law-Making
1. Function of the Bicameral Conference Committee
2. Limitations on Legislative Power
a) Limitations on Revenue, Appropriations, and Tariff
b) Presidential Veto and Congressional Override
G. Rules on Appropriation and Re-Alignment
H. Electoral Tribunals and Commission on Appointments
1. Composition
2. Powers and Jurisdiction
I. Powers of Congress
1. Legislative Inquiries and the Oversight Functions
2. Non-Legislative
a) Informing Function
b) Power of Impeachment

III. Executive Department

A. Nature of Executive Power
1. In Relation to the Implementation of Laws (Including Delegated
Powers)
2. Express or Implied (Including the Faithful Execution of Laws and
Residual Powers)
B. Concept of Presidential Immunity
1. Conduct Covered
2. Waiver and Exceptions
C. Concept of Executive Privilege
1. Types

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 2. Who May Invoke
D. Qualifications, Election, Term of the President and Vice-President, and
Rules on Succession
E. Other Privileges, Inhibitions, and Disqualifications
F. Powers of the President
1. Executive and Administrative Powers
2. Power of Appointment
a) Process of Confirmation by the Commission
b) By-Passed Appointments and their Effects
c) Appointments by an Acting President
d) Scope of Midnight Appointments
e) Recess of Ad-Interim Appointments
f) Power of Removal
3. Power of Control and Supervision
a) Doctrine of Qualified Political Agency
b) Executive Departments and Offices
c) Local Government Units
4. Emergency Powers
5. Commander-in-Chief Powers
a) Calling Out Powers
b) Declaration of Martial Law and the Suspension of the
Privilege of the Writ of Habeas Corpus (Including Extension
of Period)
6. Pardoning Powers
a) Scope and Limitations
b) Forms of Executive Clemency
7. Foreign Relations Powers
a) In General
b) To Contract or Guarantee Foreign Loans
c) Entry into Treaties or International Agreements
8. Powers Relative to Appropriation Measures
9. Veto Powers

IV. Judicial Department

A. Concept of Judicial Power
B. Judicial Review
1. Requisites
2. Political Questions Doctrine
3. Moot Questions
4. Operative Fact Doctrine
C. Judicial Independence and Fiscal Autonomy
D. Appointments to the Judiciary
1. Qualifications of Members
2. Judicial and Bar Council
a) Composition
b) Powers
E. The Supreme Court

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 1. Composition, Powers, and Functions
2. En Banc and Division Cases
3. Administrative Supervision Over Lower Courts
4. Original and Appellate Jurisdiction

V. Constitutional Commissions (COMELEC, COA, CSC)

A. Constitutional Safeguards to Ensure Independence of Commissions
B. Common Provisions
C. Powers, Functions, and Jurisdiction
D. Composition and Qualifications of Members
E. Prohibited Offices and Interests
F. Judicial Review of Final Orders, Resolutions, and Decisions
1. Rendered in the Exercise of Quasi-Judicial Functions
2. Rendered in the Exercise of Administrative Functions

THE CITIZEN IN RELATION TO THE STATE

I. Citizenship
A. Who are Filipinos
B. Modes of Acquiring Citizenship
C. Loss and Re-Acquisition of Philippine Citizenship
D. Dual Citizenship and Dual Allegiance
E. Foundlings
1. Foundling Recognition and Protection Act (RA 11767)

II. Bill of Rights

A. Private Acts and the Bill of Rights
B. Due Process
1. Procedural and Substantive
2. Void-for-Vagueness
3. Judicial and Administrative Due Process
C. Equal Protection
1. Requisites for Valid Classification
2. Standards of Judicial Review
a) Rational Basis Test
b) Strict Scrutiny test
c) Intermediate Scrutiny Test
D. Arrests, Searches, and Seizures
1. Requisites of a Valid Warrant
a) Arrest Warrant
b) Search Warrant
2. Warrantless Arrests and Detention
3. Warrantless Searches
4. Administrative Arrests
5. Exclusionary Rule
E. Privacy of Communications and Correspondence

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 1. Private and Public Communications
2. When Intrusion is Allowed
3. Exclusionary Rule
F. Freedom of Speech and Expression
1. Prior Restraint and Subsequent Punishment
2. Content-Based and Content-Neutral Regulations
3. Facial Challenges and Overbreadth Doctrine
4. Tests to Determine the Validity of Governmental Regulation
5. State Regulation of Different Types of Mass Media
6. Commercial Speech
7. Unprotected Speech
G. Freedom of Religion
1. Non-Establishment and Free Exercise Clauses
2. Benevolent Neutrality and Conscientious Objector
3. Tests to Determine the Validity of Governmental Regulation
a) Clear and Present Danger
b) Compelling State Interest
H. Liberty of Abode and Right to Travel
1. Scope and Limitations
2. Watch-List and Hold Departure Orders
I. Right to Information
1. Scope and Limitations
J. Eminent Domain
1. Concept
2. Public Use
3. Just Compensation
4. Expropriation by Local Government Units
K. Right to Association
1. Scope and Limitations
L. Non-Impairment of Contracts
1. Scope and Limitations
M. Free Access to Courts and Adequate Legal Assistance
N. Custodial Investigation
1. Meaning of Custodial Investigation
2. Rights of a Person Under Custodial Investigation
3. Requisites of a Valid Waiver
4. Exclusionary Doctrine
O. Rights of the Accused
1. Criminal Due Process
2. Bail
3. Presumption of Innocence
4. Right to be Heard
5. Right to Counsel
6. Right to be Informed of the Nature and Cause of Accusation
7. Right to Speedy, Impartial and Public Trial
8. Right of Confrontation
9. Right to Compulsory Processes
10. Trial in Absentia

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 P. Right to Speedy Trial and Speedy Disposition of Cases
Q. Right Against Self-Incrimination
1. Scope and Limitations
2. Immunity Statutes
R. Right Against Double Jeopardy
1. Requisites and Limitations
S. Right Against Involuntary Servitude
T. Right Against Excessive Fines, and Cruel and Inhuman Punishments
U. Non-Imprisonment for Debts
V. Ex Post Facto Laws and Bills of Attainder
W. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo

III. Social Justice and Human Rights

A. Concept of Social Justice
B. Economic, Social, and Cultural Rights
C. Commission on Human Rights
1. Powers and Functions

IV. Education, Science, Technology, Arts, Culture, and Sports

A. Academic Freedom

NATIONAL ECONOMY AND PATRIMONY

I. Regalian Doctrine

II. Public Trust Doctrine [See Maynilad Water Services, Inc. v. Secretary of the
DENR, G.R. No. 202897 and companion cases, August 6, 2019]

III. Nationalist and Citizenship Requirement Provisions

IV. Exploration, Development, and Utilization of Natural Resources

V. Acquisition, Ownership, and Transfer of Public and Private Lands

VI. Concept of Ancestral Domain (Including Ancestral Lands)

VII. Practice of Professions

LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW, ELECTION LAW,

AND LOCAL GOVERNMENT

I. 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

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 E. Disabilities and Inhibitions of Public Officers
F. Powers and Duties of Public Officers
G. Rights of Public Officers
H. Liabilities of Public Officers
3. Preventive Suspension and Back Salaries
4. Illegal Dismissal, Reinstatement, and Back Salaries
I. Immunity of Public Officers
J. Distinguish: De Facto and De Jure Officers
K. Termination of Official Relation
1. Involuntary Retirement [See Re: Letter of Mrs. Ma. Cristina Roco
Corona, AM. No. 20-07-10-SC, January 12, 2021]
L. The Civil Service
1. Scope
2. Appointments to the Civil Service
3. Personnel Actions
M. Accountability of Public Officers
1. Types of Accountability
a) Administrative
b) Criminal
2. Discipline
a) Grounds
b) Jurisdiction
c) Dismissal, Preventive Suspension, Reinstatement and Back
Salaries
d) Condonation Doctrine
3. Impeachment v. Quo Warranto [See Re: Letter of Mrs. Ma. Cristina
Roco Corona, AM. No. 20-07-10-SC, January 12, 2021]
4. The Ombudsman and the Office of the Special Prosecutor
[Sections 5 to 14, Article XI of the 1987 Constitution in relation to
R.A. No. 6770, otherwise known as “The Ombudsman Act of 1989”]
a) Functions
b) Judicial Review in Administrative Proceedings
c) Judicial Review in Penal Proceedings
5. The Sandiganbayan
N. Term Limits

II. Administrative Law

A. General Principles
B. Administrative Agencies
C. 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

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 3. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers
D. Judicial Recourse and Review
1. Doctrine of Primary Administrative Jurisdiction
2. Doctrine of Exhaustion of Administrative Remedies
3. Doctrine of Finality of Administrative Action

III. Election Law

A. Suffrage
1. Qualifications and Disqualification of Voters
2. Registration and Deactivation of Voters
3. Inclusion and Exclusion Proceedings
4. Local and Overseas Absentee Voting
5. Detainee Voting
B. Candidacy
1. Qualifications and Disqualifications of Candidates
2. Filing of Certificates of Candidacy
a) Effect of Filing
b) Substitution and Withdrawal of Candidates
c) Nuisance Candidates
d) Duties of the Commission on Elections (COMELEC)
C. Campaign
1. Premature Campaigning
2. Prohibited Contributions
3. Lawful and Prohibited Election Propaganda
4. Limitations on Expenses
5. Statement of Contributions and Expenses
D. Remedies and Jurisdiction
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy
2. Petition for Disqualification
3. Failure of Election, Call for Special Election
4. Pre-Proclamation Controversy
5. Election Protest
6. Quo Warranto
a) COMELEC
b) Senate Electoral Tribunal (SET)
c) House of Representatives Electoral Tribunal (HRET)
7. Recall
E. Prosecution of Election Offenses [Exclude: Penal Provisions]

IV. Local Government

A. Public Corporations
1. Concept; Distinguished from Government-Owned or Controlled
Corporations
2. Classifications
a) Quasi-Corporations
b) Municipal Corporations
(1) Elements

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 (2) Nature and Functions
(3) Requisites for Creation, Conversion, Division, Merger
or Dissolution
B. Principles of Local Autonomy
C. Autonomous Regions and Their Relation to the National Government
D. Local Government Unit (LGU)
1. Powers
a) Police Power
b) Eminent Domain
c) Taxing Power
d) Closure and Opening of Roads
e) Legislative Power
(1) Requisites of Valid Ordinance
(2) Local Initiative and Referendum
f) Corporate Powers
g) Ultra Vires Acts
2. Liability of LGUs
3. Settlement of Boundary Disputes
4. Vacancies and Succession of Local Officials
5. Recall
6. Term Limits

PART TWO: PUBLIC INTERNATIONAL LAW

I. Sources of Obligations
A. Treaties
1. Concept of Jus Cogens (Peremptory Norms of International Law)
2. Reservations, Withdrawal, Termination, and Rebus Sic Stantibus
B. Customary International Law
1. Elements
2. Obligations Erga Omnes
C. General Principles of Law
D. Application of International Law by Domestic Courts
1. Monism
2. Dualism
3. Inverted Monism
4. Harmonization

II. International Legal Person

A. States
1. Elements
2. Recognition of States and Governments
B. Non-State Entities
C. International Organizations
D. Status of Individuals and Corporations

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III. Jurisdiction
A. Basis of Jurisdiction
1. Territoriality Principle
2. Nationality Principle
3. Protective Principle
4. Passive Personality Principle
B. Title to Territory
C. Adjacent Maritime Seas
1. Territorial Sea
2. Contiguous Zone
3. Exclusive Economic Zone
4. Continental Shelf
D. Jurisdiction Over Persons and Economic Activity
1. Criminal Jurisdiction
a) General Theory
b) Extradition
2. Civil Jurisdiction
3. Immunity from Jurisdiction
a) Sovereign Immunity
b) Diplomatic and Consular Immunity
4. Areas Not Subject to Jurisdiction of Individual States
a) High Seas
b) Deep Seabed
c) Outer Space

IV. International Responsibility

A. Concept of Imputability of Internationally Wrongful Act or Omission
B. Reparation
C. International Protection of Human Rights (Including Refugees and
Stateless Persons)
1. Remedies Under Treaty-Based Mechanisms
D. International Minimum Standard and National Treatment (Including
Expropriation of Foreign-Owned Properties)
E. Environmental Harm
1. Precautionary Principle
F. International Claims

V. Dispute Resolution
A. Legality of the Use of Force
B. Concept of International and Non-International Armed Conflicts
1. The Role of the International Criminal Court
C. Judicial and Arbitral Settlement
1. International Court of Justice
2. Permanent Court of Arbitration

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