LAST-MINUTE NOTES IN POLITICAL LAW

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LAST-MINUTE NOTES IN POLITICAL LAW

for twenty twenty-six BAR EXAMINATION

One. Differentiate revision from amendment.

Revision broadly implies a change that alters a basic principle in the Constitution. Revision also applies when the change alters the Constitution's substantial entirety. Amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the Constitution, while amendment generally affects only the specific provision being amended.

Two. If the proposed change is to alter the form of government; let us say from presidential to parliamentary, how is the proposed changed classified? Is it amendment or revision?

It is revision. A change in the structure of government is a revision of the Constitution, as when the three great co-equal branches of government in the present Constitution are reduced into two. This alters the separation of powers in the Constitution. A shift from the present Bicameral-Presidential system to a Unicameral-Parliamentary system is a revision of the Constitution. Merging the legislative and executive branches is a radical change in the structure of government.

Three. May people's initiative be used to revise the Constitution?

Four. Is R.A. six thousand seven hundred thirty-five sufficient in prescribing procedure to amend the Constitution through people's initiative?

Five. What is the doctrine of incorporation?

Six. What are considered "generally accepted principles of international law"?

Eight. Is the right of the people to a balanced and healthful ecology a demandable constitutional right?

Eleven. When is there violation of principle of separation of power?

Fifteen. What is legislative veto?

Sixteen. Is legislative veto constitutional?

Seventeen. What is a pork barrel system?

Eighteen. What is congressional pork barrel system?

Nineteen. Does "pork barrel system" violate the principle of separation of powers?

Twenty-one. How does the Disbursement Allocation Program violate separation of powers?

Twenty-two. What are the tests for a valid delegation?

Twenty-three. What is sufficient standard?

Twenty-six. Is it required that the standard be expressed in the law where delegation is provided?

Thirty-one. How may domicile be changed or new domicile acquired?

Thirty-two. What are the foundational rules in the consideration of residency issues?

Thirty-four. How is legislative district apportioned?

Thirty-five. What is legislative apportionment or reapportionment?

Thirty-six. What is the constitutional requirement for the creation, apportionment, or reapportionment of legislative districts?

Forty-one. Is plebiscite required for the validity of the creation of legislative district?

Forty-six. What is the concept of "incompatible office" and "forbidden office"?

Forty-nine. What is the jurisdiction of the Electoral Tribunal?

Fifty-one. When may the Electoral Tribunal assume jurisdiction?

Fifty-two. Does the House Electoral tribunal have jurisdiction over qualification of a party-list?

Fifty-three. What is "one subject one title" rule?

The following are the constitutional limitations on the power of appropriation:

Sixty-five. Can the President use the savings to augment an item not provided in the GAA?

Sixty-eight. The President issued E.O. number four hundred sixty-four which provides among others:

Section three. Appearance of Other Public Officials Before Congress. - All public officials enumerated in

Are Sections two (b) and three, unconstitutional?

Sixty-nine. For how long can the Congress or any of its committees detain a person cited for contempt?

Seventy. When is the legislative inquiry terminated?

Seventy-one. What are the tenets that can be derived from Ong versus Senate?

Eighty-four. What is the doctrine of qualified political agency?

Eighty-five. The Board of Directors of Trade and Investment Development Corporation of the Philippines (TIDCORP) implemented the

Eighty-eight. Is the declaration of martial law and suspension of habeas corpus a justiciable question?

Is this principle still controlling?

One hundred eighteen. What are the grounds for impeachment?

One hundred nineteen. What is the meaning of betrayal of public trust?

One hundred twenty. Discuss the procedure for impeachment

One hundred twenty-one. What is the constitutional limitation on impeachment?

One hundred twenty-two. What is meant by "initiation"?

One hundred twenty-three. Can there be multiple grounds in an impeachment complaint?

One hundred twenty-four. What is the "condonation doctrine"?

One hundred twenty-five. Does "condonation doctrine" still apply?

One hundred twenty-six. What is police power?

One hundred twenty-seven. May the power of eminent domain be used as an implement of police power? Give example.

One hundred twenty-eight. What power is exercised in granting senior citizens a twenty percent discount?

One hundred twenty-nine. What are the two tests to determine the validity of the exercise of police power?

One hundred thirty-two. Is a survey election propaganda?

One hundred thirty-four. What is the power of eminent domain?

One hundred thirty-five. What is the remedy of the landowner if the government refused to pay the just compensation?

One hundred thirty-six. Is the Court required to consider the formula established in the Comprehensive Agrarian Reform Law?

One hundred thirty-seven. When does life begin?

One hundred thirty-nine. What is the Equal Protection Clause?

One hundred forty. What are the requirements for a valid classification?

One hundred forty-two. What are the three tests of judicial scrutiny to determine the reasonableness of classifications?

One hundred forty-four. Is the duty to refer under the RH Law constitutional?

One hundred forty-seven. What are the requisites of plain view?

One hundred forty-nine. Distinguish content-based regulation and content-neutral regulation?

One hundred fifty-one. Does COMELEC have the power to regulate the right to freedom of expression of non-candidates?

One hundred fifty-two. Section Four C Three of Cyber Crime Law - Unsolicited Commercial Communications is unconstitutional.

One hundred fifty-three. What is the benevolent neutrality approach?

One hundred fifty-four. When is one considered under custodial investigation?

One hundred fifty-five. Is police line-up part of custodial investigation?

One hundred fifty-six. Should the right to counsel be made available during preliminary investigation?

Overview

These notes cover key concepts in political law that are essential for understanding constitutional changes and government structure. It examines important cases, legal doctrines, and the implications of various legal provisions on governance and individual rights.

Key Points

1Revision alters the Constitution's basic principles, whereas amendment modifies specific provisions
2People's initiative cannot be used to revise the Constitution due to statutory limitations
3The doctrine of incorporation allows generally accepted international law principles to become part of domestic law
4The principle of separation of powers prevents one branch of government from interfering with another's functions
5The right to a healthy ecology is recognized as a demandable constitutional right.

Details

Authors: JUSTICE GENER M. GITO
Category: Law and Legal Studies

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