FLOWER NOTES Two thousand twenty-five Bar Syllabus-Based Political Law Reviewer
HOW TO USE THE TWENTY TWENTY-FIVE FLOWER NOTES
Two. The twenty twenty-five Bar Examinations Chairperson, Associate Justice Amy C. Lazaro-Javier:
I. THE EIGHTEEN EIGHTY-SEVEN CONSTITUTION
Classifications of Constitution:
Essential Qualities of a Good Written Constitution:
Essential Parts of a Good Written Constitution:
B. Amendments and Revisions
Renunciation of War. The Philippines renounces war as an instrument of national policy.
Civilian Supremacy Clause. Civilian authority is, at all times, supreme over the military.
Immunity of Government Agencies. Rules:
Guidance Pertaining to the Second Type of Money Claims Brought to Commission on Audit for Execution:
Entitlement of Immunity: Political or Justiciable Question?
Exceptions to the Principle of Non-Delegation of Legislative Powers:
G. Fundamental Powers of the State
- Requisites/Limitations. Requisites for valid exercise of police power:
- Requisites or Limitations. Requisites for valid exercise of the power of eminent domain:
Private Property. Only private property can be expropriated. Public property cannot be expropriated.
Requisites/Limitations. Requisites for a valid tax:
Three. National Territory
Four. Constitutional Commissions
C. Powers, Functions, and Jurisdiction
COMELEC's Powers and Functions. The Commission on Elections shall exercise the following powers and functions:
COA's Powers and Functions. The Commission on Audit shall have:
D. Composition and Qualifications of Members
E. Prohibited Offices and Interests
F. Judicial Review of Final Orders, Resolutions, and Decisions
G. Rendered in the Exercise of Quasi-Judicial Functions
H. Rendered in the Exercise of Administrative Functions
B. Modes of Acquiring Citizenship
C. Natural Born and Naturalized Citizens
Two. Derivative naturalization conferred on:
Qualifications for Naturalization.
Disqualifications for Naturalization:
Naturalization for Refugees and Stateless Persons.
O. Qualifications for Naturalization of a Refugee or Stateless Person: (must be alleged in the petition)
D. Loss and Re-acquisition of Philippine Citizenship
Modes of Re-Acquiring Citizenship:
One. Republic Act Number nine thousand two hundred twenty-five or the Citizenship Retention and Reacquisition Act of two thousand three
E. Dual Citizenship and Dual Allegiance
VI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE, AND SPORTS
Seven. National Economy and Patrimony
One. R.A. Number fifty-six thousand five hundred fifty-nine or the New Public Services Act
C. Nationalist and Citizenship Requirement Provisions
One. Exploration, Development, and Utilization of Natural Resources
Two. Operation of Public Utilities
Three. Acquisition of Public Lands
Four. Acquisition of Private Lands
Five. Practice of Professions
Six. Ownership of Educational Institutions
Seven. Ownership and Management of Mass Media
Eight. Engagement in the Advertising Industry
D. Exploration, Development, and Utilization of Natural Resources
E. Acquisition, Ownership, and Transfer of Public and Private Lands
Eight. Law on Public Officers
Characteristics of a Public Office:
B. Modes of Acquiring Title to Public Office
C. Modes and Kinds of Appointment
Appointment vs. Designation:
Permanent Appointment vs. Temporary Appointment:
D. Eligibility and Qualification Requirements
E. Disabilities and Inhibitions of Public Officers
Statutory Inhibitions. The following are some of statutory inhibitions against all public officers:
F. Powers and Duties of Public Officers
Duties of Public Officers. The specific duties of public officers consist of the following:
G. Rights of Public Officers
H. Liabilities of Public Officers
One. Preventive Suspension and Back Salaries
Two Kinds of preventive suspension:
Two. Illegal Dismissal, Reinstatement, and Back Salaries
Reinstatement. Two kinds:
Back Salaries. The following are entitled to back salaries:
One. Immunity of Public Officers
J. De Facto and De Jure Officers
Elements for the Application of the De Facto Officer Doctrine:
K. Termination of Official Relation
Two. Appointments to the Civil Service
Permanent Appointment versus Temporary Appointment:
M. Accountability of Public Officers
One. Types of Accountability
Grounds for disciplinary action against elective local officials under the Local Government Code:
c. Dismissal, Preventive Suspension, Reinstatement, and Back Salaries
Three. Impeachment and Quo Warranto
Powers and Functions. The Office of the Ombudsman shall have the following powers, functions, and duties:
B. Judicial Review in Administrative Proceedings
C. Judicial Review in Penal Proceedings
Nine. Legislative Department
One. Scope and Limitations
Procedural Limitations. The Philippine Congress's legislative power has the following procedural limitations:
Two. Principle of Non-delegability; Exceptions
Exceptions to the Principle of Non-Delegation of Legislative Powers:
Three. Initiative and Referendum
Summary of Procedure of National Initiative and Referendum:
- Limitations on National Initiative and Referendum:
- Summary of Procedure of Local Initiative:
Limitations on Local Initiatives:
B. Chambers of Congress; Composition; Qualifications
Qualifications of a Senator: No person shall be a Senator unless he is:
Two. House of Representatives
Qualifications of a District Representative: No person shall be a district representative unless he is:
- Qualifications of a Party-List Representative: No person shall be a party-list representative unless he is:
a. District Representatives and Questions of
The Four Rules on Apportionment of Legislative Districts:
C. Declaration of the Existence of a State of War
D. Legislative Privileges, Inhibitions, and Disqualifications
Inhibitions and Disqualifications. Members of Congress have the following inhibitions and disqualifications:
E. Quorum and Voting Majorities
Bill versus Joint Resolution:
Requirements for the Approval by the President: See Veto Powers under Executive Department
Two. Commission on Appointments
Two. The inquiry must be in accordance with duly published rules of procedure:
Three. The rights of persons appearing in, or affected by, such inquiries must be respected:
- Elements of Presidential Communications Privilege:
Two. Power of Impeachment
Three. Limitations on Legislative Power
Four. Limitations on Revenue, Appropriations, and Tariff
Five. Presidential Veto and Congressional Override
Six. Rules on Appropriation and Realignment
Ten. Executive Department
B. Privileges, Inhibitions, and Disqualifications
One. Presidential Immunity
C. Powers of the President
Two. Power of Appointment
a. Process of Confirmation by the Commission on Appointments
b. Bypassed Appointments and their Effects
c. Appointments by an Acting President
d. Scope of Midnight Appointments
E. Ad-Interim Appointments
F. Disciplinary Power (Suspension and Removal)
Three. Power of Control and Supervision
Executive Departments and Offices
c. Local Government Units
Five. Commander-in-Chief Powers
b. Declaration of Martial Law and Suspension of the Privilege of the Writ of Habeas Corpus; Extension and Revocation
Limits on Executive Clemency. The following are the constitutional limits on executive clemency:
b. Forms of Executive Clemency
b. To Contract or Guarantee Foreign Loans
c. Entry into Treaties or International Agreements; Withdrawal and Termination
Treaty versus Executive Agreement:
Eight. Powers Relative to Appropriation Measures
Categories of the Veto Powers of the President:
Vacancy during the President's Incumbency
Vice-Presidential Succession.
Eleven. Judicial Department
There is grave abuse of discretion:
Tests of "Earliest Opportunity":
Two. Political Questions Doctrine
Two Species of Political Questions:
Four. Operative Fact Doctrine
C. Judicial Independence and Fiscal Autonomy
D. Appointments to the Judiciary
Two. Judicial and Bar Council
a. Power to Promulgate Rules
Protection and Enforcement of Constitutional Rights. Aside from the Rules of Court, there are also special rules
Two. En Banc and Division Cases
Three. Administrative Supervision Over Lower Courts
Twelve. The Bill of Rights
One. Procedural and Substantive
Three. Judicial and Administrative Due Process
Procedural Due Process in Judicial Proceedings. This is satisfied if the following requisites are present:
One. Requisites for Valid Classification
Two. Standards of Judicial Review
C. Intermediate Scrutiny Test
D. Arrests, Searches, and Seizures
One. Requisites of a Valid Warrant
Determination by a Prosecutor versus Determination by a Judge:
Two. Warrantless Arrests and Searches
Arrest in Hot Pursuit. For a warrantless arrest in hot pursuit to be valid, two conditions must concur:
Conditions. There are two conditions for a valid warrantless
Checkpoint Search of Private Vehicles versus Checkpoint Search of Buses:
o The following are held to be "reasonable" searches:
o Private premises searches
o Government-issued device searches
E. Privacy of Communications and Correspondence
One. R.A. No. one thousand seventy-one or the Data Privacy Act
Punishable Acts. The Data Privacy Act imposes imprisonment and/or fines for the following prohibited acts:
F. Freedom of Speech and Expression
One. Prior Restraint and Subsequent Punishment
Two. Content-Based and Content-Neutral Regulations
Three. Facial Challenges and Overbreadth Doctrine
Four. Tests to Determine the Validity of Governmental Regulation
Five. State Regulation of Different Types of Mass Media
Seven. Unprotected Speech; Libel and Hate Speech
Eight. Obscenity and Pornography
Nine. Privileged Communication
Two Types of Privileged Communication:
o Regulation of Religious Conduct. The right to religious profession and worship has a two-fold aspect, viz.:
Two. Separation of Church and State
Three. Benevolent Neutrality and Conscientious Objector
Four. Tests to Determine the Validity of Governmental Regulation
b. Compelling State Interest
H. Liberty of Abode and Right to Travel
Some of the inherent limitations on the right to travel:
Two. Watch-List and Hold Departure Orders
One. Right to Information
Coverage of the Right to Information:
The Right of Congress to Information versus The Right of the People to Information
Right of Congress to Information
One. Executive Order Number two, series of twenty sixteen or Freedom of Information
Process for Access Request.
Two. Republic Act number eleven thousand thirty-two or the Ease of Doing Business Act
Four. Expropriation by Local Government Units
L. Non-Impairment of Contracts
N. Custodial Investigation
One. Requisites of a Valid Waiver and the Exclusionary Rule
Two. The Rights of Persons Arrested, Detained or Under Custodial Investigation under R.A. Number seventy-three thousand three hundred eighty-two
When is Bail Discretionary:
When is Bail Absolutely Not Allowed:
Three. Presumption of Innocence
P. Right to Speedy Trial and Speedy Disposition of Cases
Speedy Trial versus Speedy Disposition of Cases:
Q. Right Against Self-incrimination
When the Right Becomes Available. Summary of rules:
R. Right Against Double Jeopardy
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
Thirteen. Administrative Law
Administrative Relationships:
B. Administrative Agencies
C. Powers of Administrative Agencies
a. Kinds of Administrative Rules and Regulations
b. Requisites for Validity
Two. Quasi-Judicial or Adjudicatory Power
a. Administrative Due Process
B. Administrative Appeal and Review
C. Administrative Res Judicata
One. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers
D. Judicial Recourse and Review
Two. Doctrine of Exhaustion of Administrative Remedies
Exceptions to the Doctrine:
Three. Doctrine of Finality of Administrative Action
Criteria/Guidelines in the Determination of the Validity of Laws or Rules Postponing Elections:
One. Qualifications and Disqualification of Voters
Qualifications of an SK voter (member of the Katipunan ng Kabataan):
Disqualifications of a Voter:
Two. Registration and Deactivation of Voters
Election Registration Board (ERB). The body constituted to act on all applications for registration.
Grounds for Deactivation:
Three. Inclusion and Exclusion Proceedings
Requirements for Local Absentee Voter:
Covered Elections. A local absentee voter may vote for:
Procedure for Application:
Qualifications of an Overseas Voter. The following are the qualifications to register and vote as an overseas voter:
Covered Elections. An overseas voter may vote for:
Requirements for Escorted Voting:
- General Guiding Principles in Candidate's Qualifications:
- Qualifications of Candidates:
o Qualifications for Senator: two seven seven nine
Qualifications for District Representative: two seven eight zero
o Qualifications of Party-List Representative: two seven eight one
o Qualifications for Mayor or Vice-Mayor of Independent Component Cities, Component Cities, or Municipalities: two seven eight four
o Qualifications for Member of the Sangguniang Panlungsod or Sangguniang Bayan: two seven eight five
o Qualifications for Punong Barangay or Member of the Sangguniang Barangay: two seven eight six
Qualifications for Sangguniang Kabataan Chairperson and Member:
Disqualifications of Candidates: See Disqualification of Candidates; Effects hereunder
Three. Ministerial Duty of COMELEC to Receive Certificates of Candidacy
Four. Effect of Filing of Certificate of Candidacy
Five. Eligibility and Material Misrepresentation
Six. Withdrawal of Certificates of Candidacy
Effects of a Withdrawal of Certificate of Candidacy:
- Effect of Withdrawal of Withdrawal of Certificate of Candidacy. The withdrawal of
Seven. Effects of Denial and Cancellation of Certificate of Candidacy due to Material Misrepresentation
due course to or cancel a Certificate of Candidacy even after the elections does not find any justification in the following circumstances:
Eight. Substitution of Candidates
Who May Not be Substituted. The following cannot be substituted:
Nine. Nuisance Candidates and Effects of Declaration of Nuisance Candidacy
Grounds for the Declaration of a Nuisance Candidate. The certificate of candidacy has been filed under any of the following situations:
10. Disqualification of Candidates; Effects
Under R A nine two eight five (Ground for disqualification in a special election called to fill a vacancy):
One. Premature Campaigning
Campaign Period According to Positions.
Two. Prohibited Contributions
Three. Lawful and Prohibited Election Propaganda
Lawful Election Propaganda and Their Requirements: 2947
o Procurement of COMELEC space and time for information dissemination:
Requirements for a Lawful Conduct of Exit Polls. Exit polls may only be taken subject to the following requirements:
Duties of the Local Authorities Relative to Rallies and Meetings:
Four. Limitations on Expenses
Five. Statement of Contributions and Expenses
Effect of Failure to File a SOCE:
D. Remedies and Jurisdiction
Cancellation of COC Through a Petition to Deny Due Course to or Cancel COC. Grounds: See previous discussion.
Due Process and Other Procedural Requirements:
Effects of Denial or Cancellation of COC on the Ground of Material
Cancellation of COC Through a Petition to Declare a Nuisance Candidate. Grounds: See previous discussion.
Due Process and Other Procedural Requirements:
Two. Petition for Disqualification
Due Process and Other Procedural Requirements:
Effects of Disqualification. See previous discussion.
Due Process and Other Procedural Requirements:
Four. Pre-Proclamation Controversy
Due Process and Other Procedural Requirements:
E. Prosecution of Election Offenses [Exclude: Penal Provisions]
- The acts or offenses committed in any of the following instances fall under the category of electoral sabotage:
Fifteen. Law on Local Governments
One. Concept; Distinguished from Government-Owned or Controlled Corporations
Public Corporations versus Government-Owned or Controlled Corporations:
Two. Corporate Powers of Local Government Units
b. Municipal Corporations
Three. Requisites for Creation, Conversion, Division, Merger or Dissolution
Creation. The following are the requirements for the creation of provinces, cities, municipalities, and barangays:
Division or Merger: The following are the requirements for the division or merger of LGUs:
Abolition: The following are the requirements for the abolition of LGUs:
B. Principles of Local Autonomy
Categories of Decentralization:
C. Autonomous Regions and their Relation to the National Government
Requisites of a valid exercise of LGU's power of eminent domain:
Requisites of a valid tax:
d. Closure and Opening of Roads
Permanent Closure. Requirements for the permanent closure of any road, alley, park, or square:
Temporary Closure. Requirements for the temporary closure of any national or local road, alley, park, or square:
Ordinance versus Resolution:
Two Tests for the Validity of an Ordinance:
Ways to Approve an Ordinance Passed by the Sanggunian:
Effectivity of Ordinances/Resolutions.
Three. Settlement of Boundary Disputes
- Jurisdiction: Boundary disputes shall be referred for settlement.
Four. Vacancies and Succession of Local Officials
Rules of Succession: When There is a "Permanent" Vacancy.
Causes of "temporary" vacancy: The local chief executive's:
Summary of Recall Procedure:
Consequences of Initiation:
E. Local Elective and Appointive Officials
Grounds for Disciplinary Actions against Local Elective Officials:
Sixteen. Public International Law
B. Relationship Between International and Philippine Domestic Law
C. Sources of International Law
Customary International Law. It is an international custom or practice accepted as law.
Two. Effect of United Nations Declarations, Security Council Resolutions
Effect of Security Council Resolutions:
Three. Effect of Actions of Organs of International Organizations Created by Treaty
D. Subjects of International Law
Types of Territorial Regimes:
Modes of Acquiring Territory. The following are the recognized modes of acquiring territories:
Two. International Organizations
E. Jurisdiction of States
One. Basis of Jurisdiction
Two. Exemptions from Jurisdiction
c. Diplomatic and Consular Law
Diplomatic Agents' Exemptions from Jurisdiction:
Diplomatic Agents' Staff and Their Families:
General Limitations on Diplomatic Immunity from Jurisdiction:
- General Limitations on Consular Immunity from Jurisdiction:
F. Nationality and Statelessness
Principles and Rules to Avoid Statelessness:
G. General Principles of Treaty Law
Limitations of the Application of the VCLT. The following are excluded from the application of the VCLT:
International Instruments:
Characteristics and Principles of Treaties.
Autonomy. General rule: Parties to a treaty are generally free to select the subject and object of their treaty.
Zero Two Theories in Creating rights and Obligations to Third State:
Simple Signature versus Definitive Signature.
Ways to Express the State's Consent to Be Bound:
Ratification Process in the Philippines.
Provisional Application of a Treaty:
Reservation vs. Declaration:
Amendment of Treaties that Have Entered into Force:
Consequences of Invalidity:
Treaty Interpretations. There are three major schools of thought in treaty interpretations, to wit:
H. Doctrine of State Responsibility
The Internationally Wrongful Act of a State:
o Attribution of Conduct (a.k.a. Rules of Attribution): (First element)
o Breach of International Obligation: (Second element)
- Circumstances Precluding Wrongfulness. The following are the exceptions to wrongfulness:
- Consequences of State Responsibility.
a. Fundamental Principles
c. Distinguished from Deportation
K. International Human Rights Law
Human Rights Core Principles:
Two. International Covenant on Civil and Political Rights
L. International Humanitarian Law
Principles Limiting the Effects of Armed Conflict:
One. Categories of Armed Conflicts
Dispute Resolution Mechanisms for Non-international Armed Conflict:
Two. War Crimes, Genocide, and Other Crimes Against Humanity
Three. The Role of the International Criminal Court
M. Judicial and Arbitral Settlement
Two. Permanent Court of Arbitration
Three. Peaceful Settlement of International Disputes
Four. Use of Force Short of War
Two. Freedom of Navigation
Three. Maritime and Territorial Disputes
O. International Environmental Law
Two. Precautionary Principle
Two thousand eleven Bar Exam Questions and Answers in Political Law