POLITICAL LAW REVIEW

POLITICAL LAW
I.

GENERAL PRINCIPLES
-Definition of Political Law
-Background of the 1987 Constitution
- In re: Puno
-Estrada v. Arroyo

II.

PRINCIPLES AND POLICIES OF THE PHILIPPINE GOVERNMENT

-The Preamble
-Principles and State Policies
-

The Concept of State

- Territory (Art. 2)
- People
- Citizenship (Art. 4)
- Bengzon v. Cruz
- Government
- Factoran v. Oposa
- Sovereignty
-Immunity from Suit (Art. 16, Sec. 3)
- Kawawanakoa v. Polybank
- Jus Imperii v. Jus Gestionis
- Public Highways v. San Diego
- Imbong v. Ochoa [RH Law cases, 2014]
- Oposa v. Factoran
- Art. 12, Sec. 10
- Manila Prince v. GSIS
- Tanada v. Angara
III.

THE BRANCHES OF GOVERNMENT

- The Congress (Art. 6)
-

Sec. 1
-Belgica v. Ochoa [PDAF cases, 2014]
- Araullo v. Aquino [DAP cases, 2014, 2015]
Sec. 5
- Bagong Bayani v. Comelec
- Banat v. Comelec
Sec. 6
- Marcos v. Comelec, Aquino v. Comelec
Sec. 11
- Pobre v. Defensor-Santiago
Sec. 21
- Bengzon v. Blue Ribbon
Fiscal Provisions (Sec. 24, Sec. 28)
- Tolentino v. Sec. of Finance
From Bill to Law (Sec. 26)

- The President (Art. 7)

-

Sec. 1

- Marcos v. Manglapus I and II

- Neri v. Senate
- Almonte v. Vasquez
-

Senate v. Ermita (E.O. 464) (GR 169777)

Sec. 13
- Estrada v. Arroyo
- Clinton v. Jones
- Sec. 17
- Sec. 18
- David v. Arroyo (PP 1017) (GR 171396)
- Sec. 19
- Monsanto v. Factoran, Garcia v. Chairman

- The Supreme Court (Art. 8)

- Sec. 1
- Marbury v. Madison
- Sec. 4
- de Castro v. JBC (GR 191002) March 17, 2010
- Sec. 5
- Judicial Review
- Standing Kilosbayan v. Guingona
Francisco v. Fernando (Nov. 16, 2006)
- Taxpayers Suit
- Doctrine of Operative Fact
- Political Question
- Maceda v. Vasquez
- Sec. 11
- Peo. v. Gacott
- The Constitutional Commissions
IV. THE AMENDING PROCESS
- Santiago v. Comelec

CONSTITUTIONAL LAW
I. INHERENT POWERS
- Police Power
- Ermita v. Mayor of Manila
- Super Drug v. DSWD (Jan. 29, 2007)
- ABS-CBN v. PMSI
- Eminent Domain Sec. 9, Art. 3
- Moreno v. Mactan-Cebu Airport (Aug. 9, 2005)
- Taxation Sec. 28, Art. 6
II. DUE PROCESS AND EQUAL PROTECTION
- Due Process (Sec. 1)
- PBM Employees v. PBM
- Procedural v. Substantive Due Process
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- Banco Espanol v. Palanca

- Fabella v. CA
- Equal Protection (Sec. 1)
- Peo. v. Cayat
- Int. School v. Quisumbing
III. REQUIREMENTS OF FAIR PROCEDURE
- Arrest, Searches and Seizures (Sec. 2)
- Personal Examination
- Soliven v. Makasiar
- Allowable Warrantless Searches
- Stop and Frisk; Exigent and Emergency
- Luz v. People
- Custodial Interrogation (Sec. 12)
- From Miranda to Bacamante
- Miranda v. Arizona
- Peo. v. Mahinay Guidelines
- Peo. v. Basay, Peo. v. Bacamante
- Effective and Vigilant Counsel
- Waiver (see Galit)
- Peo. v. Pamon Termination of Rights
- Right to Bail (Sec. 13)
- Rights During Trial (Sec. 14)
- Marquez v. Comelec
- Right to be Heard
- Peo. v. Agbayani - Pre-Arraignment Guidelines
- Right to Speedy Disposition (Sec. 16)
- Privilege Against Self-Incrimination (Sec. 17)
- Bill of Attainder (Sec. 22)
IV. SUBSTANTIVE RIGHTS UNDER DUE PROCESS
- Privilege of Writ of Habeas Corpus (Sec. 15)
- Acts which cannot be criminalized (Sec. 10, 20, Ex Post Facto Sec. 22)
- Which punishments could not be imposed (Sec. 18 (2), Sec. 19)
- Corpuz v. People [2014 case]
- Double Jeopardy (Sec. 21)
- Affirmative Rights (Sec. 11, Sec. 12 (4))
V. FREEDOM OF EXPRESSION (Sec. 4)
- Disini v. Secretary of Justice [Cybercrime Law cases, 2014]
- Bishop of Bacolod v. Comelec [2015]
- Prior Restraint, Subsequent Punishment
- OBrien Test
- ABS-CBN v. Comelec, SWS v. Comelec
- Dangerous Tendency, Clear and Present Danger, Balancing
of Interest
- Obscenity
- Miller v. California, Gonzales v. Kalaw-Katigbak
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- Freedom of Assembly
- Bayan v. Ermita (Calibrated Preemptive Response)(GR 169838)
- Academic Freedom
- Garcia v. Loyola School
VI. FREEDOM OF RELIGION (Sec. 5)
- Non-establishment, Free Exercise Clauses
- Ang Ladlad v. Comelec
- Ebralinag v. Superintendent
- Estrada v. Escritor I and II
VII. NON-IMPAIRMENT CLAUSE (SEC. 10)
VIII. LIBERTY OF ABODE AND TRAVEL (SEC. 6)

ADMINISTRATIVE LAW
I.

GENERAL PRINCIPLES
- Maritime v. POEA Reason for Admin. Law
- Definition
- Creation and Abolition
- Qualified Political Agency/Alter Ego Doctrine

II.

POWERS
- Rule-Making Power
- Quasi-Judicial Power

III.

SEPARATION AND DELEGATION OF POWERS

IV.

JUDICIAL REVIEW
- Primary Jurisdiction
- Non-Exhaustion of Administrative Remedies

LAW ON MUNICIPAL CORPORATIONS

I.

CONSTITUTIONAL PROVISIONS

II.

GENERAL PROVISIONS
- Sec. 1 Basco v. Pagcor
- Sec. 2

III.

TERRITORIAL AND POLITICAL SUBDVISIONS

- Dual Character (Sec. 15)
- Sec. 384, 390, 440, 443, 448, 454, 459, 463

IV.

CREATION AND DIVISION

- Sec. 7, 10 Tan v. Comelec

V.

POWERS
- Sec. 6, Sec. 16 Binay v. Domingo, Norelco v. Dumaguete
- Sec. 19, 20, 21, 22
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VI.

INTERGOVERNMENTAL RELATIONS

VII.

LOCAL ELECTIVE OFFICIALS

- Sec. 39, 40 Caasi v. CA
- Sec. 44, 51, 55, 56, 60, 63

VIII. LIABILITY
-

Arias v. Sandiganbayan

IX. AUTONOMOUS REGION

LAW ON PUBLIC OFFICERS/ELECTION LAWS

PUBLIC OFFICERS
I.

CONSTITUTIONAL PROVISIONS
-

Divinagracia v. Sto Tomas

Blaquera v. CSC (Sec. 2, IX-B)
Flores v. Drilon (Sec. 7, IX-B)

II.

PUBLIC OFFICERS

III.

CREATION OF PUBLIC OFFICE

IV.

ELIGIBILITY, TERM AND COMPENSATION

V.

POWERS

VI.

DISABILITIES

VII.

LIABILITIES

VIII. TERMINATION OF OFFICIAL RELATIONS

ELECTION LAWS
I.

CONSTITUTIONAL PROVISIONS
-

Cayetano v. Monsod
Relampagos v. Cumba
Administration Gallardo v. Tabamo
Geronimo v. Ramos
Sec. 3 all cases heard by division
Election Period

II.

POSTPONEMENT, FAILURE OF ELECTIONS

III.

POLITICAL PARTIES

IV.

REGISTRATION

V.

SUFFRAGE

VI.

CANDIDACY
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VII.

ELECTION OFFENSES

VIII. PRE-PROCLAMATION CONTROVERSY

- Issues Raised
- Jurisdiction
- Effect of Filing Protest
IX.

ELECTION CONTEST

X.

APPEAL

PUBLIC INTERNATIONAL LAW

I.

SUBJECTS OF INTERNATIONAL LAW

- States
- International Agencies
- The Count Bernadotte Case
- The UN Charter
- Individuals
- Universal Declaration on Human Rights
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
Government of Hong Kong v. Olalia (April 19, 2007)
Ang Ladlad v. Comelec (April 8, 2010)

II.

FUNDAMENTAL RIGHTS OF STATES

- Intervention
- Sovereignty
- Concept of Res Nullius
- Jurisdiction
- Diplomatic Immunity
- Callado v. IRRI
- Case Concerning US Diplomatic and Consular Staff
in Teheran
- Extradition
- Wright vs. CA

III.

LAW OF INTERNATIONAL OBLIGATIONS

- Pacta Sunt Servanda v. Rebus Sic Stantibus

IV.

PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES

V.

INTERNATIONAL HUMANITARIAN LAW

- Jus ad Bellum v. Jus in Bello
- International Armed Conflict v. Non-international Armed Conflict

VI.

INTERNATIONAL TRADE LAW

- GATT/WTO
- UNCITRAL