COMPENDIOUS BAR REVIEWER ON POLITICAL LAW Based on Bar Exam Syllabus Nilo T. Divina Enrique V. Dela Cruz, [Nasha Jemimah R. Reyes-Ferrer Jennel L. Chu Ma Ninna Roem A. Bonsol Peter Paolo P. Dim IIL Joseph Lorenz A. Asuncion Maria Carissa C, Guinto Ila Marie D. Ferrer Norbert Peter R. Indunan Joshua Cris F. Aguilar ‘Stephanie A. Serap Jonathan Vietor S. Noel 2024 EDITIONPhilippine Copyright, 2024 By Nilo Divina ‘Maria Caria C. Guinto Enrique V.Dola Cruz, 3 Tyla Marie D. Ferrer ashe Jemima R.Reyes-Ferrer Norbert Peter R. Indunan ‘Jemel L. Ch Soshua Cris F. Aguiar Ma, Niana Roe A. Bonsol Stepanle A. Serapo Peter Paco P. Dian It Joseph Laren A. Asuncion ALL RIGHTS RESERVED ‘The author prokibits uontherized reprodetion of his book No poston a this bok sal be coped ot repredcedin books, pamples, Suliacs or notes, Whether pred, machine copied, mimeowaphed, ‘ypewsten, photocopied, seanned or in any other form, manner of lecigue for dstbusion sal, witout he writen peeission a the thor" Any copy of this book without the corresponding number snd [envi signature o he autor or his epesotative on ts page, either Process fom an legitimate source o in possession of one who hes ‘othr to dispose there poe sseee Serial No, ISBN 978-621-02-2322-4 Published and Printed by CENTRAL BOOK SUPPLY, INC. ‘927 Quezon Avenue, Quezon City, Philippines Email: [email protected] FOREWORD “Much is always seid about the grandeur of the legal profession, with its traditions and accoutrements seemingly out of reach for the ‘common fol, and the fime, forune and the best of le’s things tat ‘swat those who ae admitted into is hallowed halls [At east, thats how it appears fom the outside ooking in ‘But the tah is, admission tothe legal profession i never a glamorous endeavor, It is as painful as itis complicated. I takes patience and Wits hor and @ heathy understanding ofthe human condition, “Most importantly, one must pass the Bar. After al iti the ultimate test to determing whether the examince has leamed enough of the law to make him ot hee worthy of Being a member ofthe legal profession ‘We learn the law through reading. Constant and plenty of reading. In law school, the professor prescribes the book. For the bar, the ‘examine picks his raging materials. With nary a moment (0 waste, the chosen book must be compete without being verbose, es well as engaging and accurate. It must remove every litle cloud on one’s Understanding ofthe law: Which is where reviewers like this ene from the Professors of the University of Sto. Tomas (UST) Faculty of Civil Law come in, “The Divina Bar Review Series, made by some ofthe country’s most, respected legal luminaries and eduetos, is formatted in Q&A so that egal concepts and principles, that may otherwise be difficult 10 comprehend, become far more comprebensible for reviewees who hope to pass if not ace the bar, and equally useful for practitioners ‘who wis to refine their craft. Indeed, each book's reader-centered lpproach makes it an essential resource for any person in need of ‘added proficiency inthe aw. “Then agin, this reviewer is not a eats; isnot meant to dive deep {nto the philosophy ofthe law tis akin simply to @ wrench that one ‘eed in order to finish 8 Inborious task suchas the Ba, Indeed, Bat‘candidates can use this wrench from UST Law~ it i as handy and timely as it comes. | eongratulate the UST Faculty of Civil Law on this welcome ation to-a bar candidate's toolbox. Dean Nilo T. Divina, no. doubt the progenitor and benefactor fr this work, is always logking for ways to help law students Ful thee dream of Becoming lawyer. For this, the legal education community i truly grateful Dr, Anna Marie Melanie 8. Trinidad Chairperson, Legal Education Board FOREWORD As the various innovations and elaborate advancements in the conduct ofthe Bar Examinations and the rues concerning admission to the legal profession continue to transform how law graduates prepare for their journey towards the elusive tle of Aforne, thee is hho doubt that this has challenged our traditional methods of training law students and providing. guidance regarding the rigors of Bar ‘Acinssion. The digital age hs indeed found its way into the process by instituting the revolutionary digital Bar Examinations. The implementation of regional Examinations also made an appearance in the fleld. Taking the step even Turther, the Chairperson forthe 2023 ‘Bar Examination has lamented the need to “modernize the manner in ‘which we admit those who wish to join our profession if we are to ‘keep up withthe best practices that othe legal jurisdictions observe and implement in their spective areas” {As the President of the Philippine Assocation of Law School, 1 mn confident that through this seomingly thick sereen of novelly and Unfariiarty sn the conduct ofthe Bar Examination, our students" foals remain the same: to demonsirate knowledge of the law and exhibit the core application of egal principles and jurisprudence. ‘Unsurprisingly, DivinaLaw is in the same boat as the Academe swith this idea, being composed of lawyers who also teach in various law schools inthe county. Their development of ths collection of Bar Reviewers is a huge boon 10 law graduates who intend to brave the challenge of taking the 2023 Bar Examination. The extensive scope of, this compendium, coupled with the beloved Q&A format, is expected to be helpful to Bar Takers looking for materials to hone their substantive knowledge of the law The incorporation of doctrines arising out of Supreme Court devsions penned by Justice Ramon Paul Hemando is likewise weleome, given that Bar Questions typically inclde those authored by the designated Bar Chairperson. You may see all of these in ths collection dedicated to each Bar subject,presented in @ simplified and casyto-undersand context — the Compendious Bar Reviewers. This may well be one of the most ambitious and useful reviewers this season, Congratulations to DivinaLaw for this launch! Your efforts ate indeed commendable! Bony Qe SRD ATTY. GEMYLITO L. FESTIN, LLM. President Philippine Association of Law Sehools PREFACE AND ACKNOWLEDGMENT Afler reveiving heartfelt messages of commendation and gratitude from the 2023 Ba-takers who used the 2023 Divina Compendious Bar Review Series, and upon secing the results of the recent Bar examinations, I am ecstatic and honored to present the 2024 Divina Compendious Bar Review Series. ‘This year, we take this book a leap higher with its revised, updated and expanded contents, The 2024 Divina Compendious Bar Review Series now includes Commercial Law ~ the field and practice closest to my heart. This creation represents my 30+ years of experience as a lawyer and academician, As the Sole author for this Bar subject inthis series, iis effectively me asking the questions to my students, to my examinees, and to my reviewees. [cis as if |am whispering to their ears the answers 10 the Bar exam questions. It is as if Tam lifting them up with a hand because it isa produet of love. Itis a work of love ‘This year's Compendious Bar Reviewer was revised, updated and customized in strict accordance with the latest Bar Exam Syllabus preseribed by this year's Bar Chairperson Associate Tustice Mario V. Lopez. The presentation follows the 2024 Bar Examination Syllabi to serve asa seamless manual for the Bar- takers. It was designed to lay a strong conceptual foundation ‘and assist candidates in their preparations. ‘This work is a compendium of fundamental legal principles, designed in a question-and-answer format, deliberately crafted to stimulate the test-taking experience for Bar Reviewees. The questions and answers are based on the pertinent provisions of lawis and regulations, past Bar Examinations, landmark and recent Supreme Court cases, as well as the eases penned by Justice M.V. Lopez. The questions were erafted to test the Bar Reviewees" Knowledge and application of the law. Quickanswers were then provided to aid the reader in noting the important concepts ‘This 2024 edition would not have been possible without the gracious collaboration of Central Book Supply Ine. Tam grateful to them for collaborating again with us and being our constant pariners in championing legal education. ‘This collection of Bar Reviewers forall Bar subjects was authored by lawyers from DivinaLaw—all with sterling academic credentials, and many’ of whom are law professors, | wish to express my deep appreciation to the subject teams and authors for their kind and heroic involvement in this project, as they commit to produce academicslly competent lawyers in the ‘country. Their names should all be mentioned: For Political Law: Enrique V. Dela Cruz Jr, Nasha Jemimah R. Reyes-Ferrer, Jennel L. Chu Ma. Ninna Roem A. Bonsoly Peter Paolo P. Dim Ill, Joseph Lorenz A. Asuncion, Maria Carissa C. Guinto, Iyla Marie D. Ferrer, Norbert Peter R, Indunan, Stephanie A. Serapio, Joshua Cris F. Aguilar, and Jonathan VietorS. Noel. For Taxation Law: Lean Jeff M. Magsombol, Danica Mae M, Gordones, Izzel Jarviz. M, Arzadon, Isabella A. Rodriguez, Ephraim P. Bic, Kara C. Ramos, and (Christian Gio R. Senarlo, For Civil Law: Alden Francis C. Gonzales, Danny E. Bunyi, Janna Mae B. Teeson, Ciselie Marie T, Gamo- Sisayan, Klinton M, Torralbs, Mameli A. Sales, Alfonso Roel D. Vargas, Julie Ann C. Manguiat, Kristina Mae C. Durana, Louis-Mari R, Opina, Iyla Marie D. Ferrer, Alexandra Nicole D. Sugay, Daveriek Angelito E, Pactmio, and Angel Isah M. Romero, For Labor Law: Alen Francis C. Gonzales, Harly Jayson U. Reyes, Jaodelyn N, Mabalot, Mariflle L. sip, Clarissa Joyce R. Gorteon, Karen A. De Villa, Maria Franoes Faye R. Gutierrez, and Iyla Marie D. Ferre, For Criminal Law: Lorenzo Luigi T. Gayya, Alwyn Faye B. Mendoza, Bianca Isabel D. Soriano, Danica Mae M, Godores, Edrea Jean V. Ramirez, Angelica Mae T. Destajo, and Beatriz Anna S. Balbacal For Remedial Law: lan Jemy E. De Leon, Krisyl M. Cancino, Vaupettoanji J. Pei, Patricia Faith R. Lacuesta, Jairas Vincent Z. Bernardez, Edbert Marcel S. Ragadio, Daverick Angelito E, Pacumio, John Edward P. Fronda, Maria Frances Faye R. Gutierrez, Beatriz Anna S. Balbacal, Lorrence Kyle T, Mufoz, Joshua Ejeil A. Pascual, and Jovelynne C. tag For Legal and Judicial Ethies: Janna Mae B. Tecson, Nasha Femimah R, Reyes-Ferrer, Terence Mark Anhur S, Ferrer, Mark Vixen M. Dorado, Davetick Angelito E. PPacumio, John Edward F. Fronda, and Stephanie A. Serapio. 1 am grateful to the people behind DL Publishing for their continued commitment in producing academic materials for the benefit of the legal community. May they continue to publish ‘more materials that will produce competent lawyers and Bar topnotchers [am thankful tothe Thomasian community for their unwavering support and for sharing with me the dream to produce more lawyers to serve the nation, and to honor and glorify God. Thank you to the school administration and faculty for prescribing the 2023 Compendious Bar Review Series, which modesty aside, 1 Claim, helped UST be consistently part of the top performing schools in the Bar Examinations, and produce two home-grown‘Thomasians to be among the Top 10 examinees in the recent 2023 Bar Examinations. 1 extend my gratitude to Attys. Ephraim P. Bie, Pio Vineent R. Buencamino, and Nicolo Paolo M. Manikad for their kind words and sharing their insights on how the 2023 Compendious Bar Reviewer helped them in their Bar preparation joueney. OF course, I thank, too, the rest of the lawyers, members and staff of DivinaLaw. Without theie competence, hard work, and devotion this collection would not have been possible. T thank my wife, ehidren, and my entie family for their love and ‘encouragement as they remain my inspiration in honing my cra. Finally, I thank the Father Almighty for giving us the wisdom and allowing us to honor and glorify Him through producing legal educational materials Deo Omnis Gloria NILOT, DIVINA fe [oun ). Separation of Powers, and Checks and Balances. ‘TABLE OF CONTENTS 1. 1987 Philippine Constitution Definition, Nature, and Concepts ofthe Constitution. 1. Declaration of Principles 14. Demoeraey and Republicanism. b. Renunciation of War. Supremacy of Civitan Authority over Military 1B 2. State Policies. a 5 a Independent Foreign Policy... 5 Social Justice. 7 . Sanctty of Family and Vital Role of Youth in Nation- Buildings 9 Amendment and Revision (1987 CONST., [Art XVII, See Iofs AA. No. 6738). [National Territory (1987 CONST, Art. I, UNCLOS, Arts. 1,3-8,38, 46-48, 0 and 55-58). State Tmmunity (1987 CONST, Art. XVI, See.35, PLD. NO 1445) non Delegation of Powers (1987 CONST., Art VI, Secs. 1,232) and 282) . Fundamental Powers ofthe State ~ Police Power, Eminent Domain and Taxation 1. Concept, Application, and Limitations (1987 CONST. Ar. TH See. 9; Art. VI, Se. 28; AML XIV, $€. I) onan snus 6SLegislative Department |A. Congress: Senate and House of Representatives 1. Compositions and Qualifications ~ 1987 CONST., Art VI, Secs 2-14 2. Privileges and Inhbitions ~ 1987 CONST., An. VI, Sees. 1, Hy and 13-14 97 3. Quorum and Voting Majors, and Discipline of Members ~ 1987 CONST, Art. VI, Se. 16 102 B Law-Making Process (1987 CONST., Art. VI, S008. 2627) C. Appropriation (1987 CONST., Art. VI, Sees. 24-25 and 29). ee D. Legislative Inquiries and Oversight Funetions (1987 CONST,, Art. VI Sees. 21-22) E, Declaration of Existence of State of War (987 CONST., Art. VI see. 23) Privilege of the Writ of Habeas Corpus and Declaration of Martial Law (1987 CONST., Att. VIL, Se IB) Power of Impeachment (1987 CONST, AYU XT, Sees. 2-3) a H. lectoral Tribunals (1987 CONST., Art VI, Se 17 Commission on Appointments (1987 CONST. [Art VI, See 18; Art VI, See 16; Art, VIL, 86. Bannnoe 129 Ml, Executive Department ————_—+| A. President and Vice President sow 1 L. Term, Qualifications, nd Election - 1987 CONST., An. VIL, Sees. 24 134 2 ns ps "TABLE OF CONTENTS 2. Privileges, Inhibtions, and Disqualifiations. 1987 CONST,, Att Vil, $228.6 204 13 accconnnnnnn 137 Executive and Administrative Powers (1987 CONST, Art. VIL, Secs. and 17) _ 17 Power of Appointment (1987 CONST. [Net VI, Sees 13, 1831616) . 150 1, Regular and Ad Interim ven 150 2, Withor without COA Confirmation 5 153 3. Midnight Appointments rene 158 4. Removal fom Office 138 D. " Pardoning Power and Executive Clemency Power of Control and Supervision (1987 CONST,, Art. VIL, Sec. 17). 1. Executive Departments and Offices, Doctrine ‘of Qualified Politial Agency. nonnan 186 2. Local Government Units— 1987 CONST Art X, See 4 va 160 tary Powers (1987 CONST, Arts VI Se 18) usune 161 (1987 CONST., Art. VIL, See. 19 vw 172 ;. Diplomatic Power (1987 CONST. [Art VII, See. 16 and 21) nn 15 Power relative to Appropriation Measures (1987 CONST., Art. VI, Sees 25(8) and 27@2); AAPL VIL, Se. 20) ” Veto Power (1987 CONST., Art. VI, See.27) 181 4. Residual Power (8.0. No. 292, Book 11, Title, Chapter 7, Se. 20) Removal from Office (1987 CONST., Att. XI, Se... Roles of Succession (1987 CONST. ‘Art. VIL, Sees. 7-12).‘TABLE OF ConrENTS fr. ‘TAnLE OF CONTENTS IV. Judicial Department [[_V. Constitutional Commisions (1987 Const, Art. EX) A. Definition of Judicial Power (1987 CONST., Art. VII, Ses 1). BL Judicial Review 1 3 . Fiseal Autonomy (1987 CONST., Art. VII, Secs. 3 and 10). D. Appointments tothe Judiciary. 1 2 Supreme Court ofthe Philippines. Requisites a, Actual Case of Controversy b, Proper Paty Raised at the Earliest Possible Opportunity 4. Necessary tothe Determination ofthe Case Iso. Exceptions 8, Political Questions b. Moot Questions Advisory Opinions Operative Fact Doctrine Qualifications ~ 1987 CONST, Art VI, Se. Suuical and Bar Council ~ 1987 CONST, ‘An. VIM, Sees. Sand Composition - 1987 CONST., Ar. VII, See. 4. Procedural Rule-Making Power ~ 1987 CONST., ‘An. VI See. 5 Disciplinary Powers - 1987 CONST,, Aa, VII, Se, 1 Administrative Supervision - 1987 CONST, ‘An. Vill, See. 6 ms Sursdiction ~ 1987 CONST. Art. VI, Seo, 30; ‘Ar. VII, See. 5 192 193 193 9s 195 17 198, 198 198 199 200 200 201 2m 2m 20s 207 208, |A. Powers, Funetions, and Jurisdiction (1987 CONST., [Art DXA, Sees Art, XB, See 33 Art IX-C, ‘Sees. 2-5,9 and 113 Art IXD, Sees. 2-4) 1B, Composition and Qualiieations of Members (1987 CONST., Art IX-B, See. 1s Art INC, See Art IXD, Sec C. Prohibited Offices and tnterests (1987 CONST, Art. PKA, See. 2) D. Review of Final Orders, Resolutions and Decision 1 Rendered in the Exercise of Quasi-Juivial Functions ~ 1987 CONST, AF. DCA, See. 7. 22 2, Rendered in the Exercise of Administative Functions ~ 1987 CONST, Art INA, Secs. 4 and 6... 243 c Vi. Bill of Rights (1987 Co tArt i) | A. Due Process Clause; Procedural and Substantive ‘Requirements (1987 CONST,, Art Ill, See. 1; Art XII, Se, 1 nnn onan 248 1. Voidefor-Vagueness Rule 252 2. Judicial and Administrative Due Process 257 B. Equal Protection Clause (1987 CONST., APL, See. 1). — 287 1, Requisites for Valid Clasitication "257 2. Standards of Review. isomers 261 . Arrest, Search and Seizure; Requisitess Exclusionary Rule (1987 CONST., Art II, See, 2)owsue 264 D. Privacy of Communication and Correspondence: Exclusionary Rule (1987 CONST. Art IIL, See. 35 R.A. No, 4200}; Informational, Decisonal, Locational Privacy . 28‘TARLE OF CONTENTS Page Freedom of Speech and Expression (1987 CONST Art II, Secs. 4 and 18(1)) 285 1. Prior Restraint and Subsequent Punishment 285 2 Content-Based and Comert-Neural Regulations 286 3. Facial Challenges and Overbreadth Doctrine 286 4. Tess for Valid Government Interferene, 288 5. Dorin of Privileged Communication — ‘Act No,3815, Art 354. 21 2. reedom of Religion (1987 CONST, Art IL, See. 8) nn 1. Nos-Estalishment and Free Exercise Clauses 293 2. Tess for Valid Government Interference 296 3. Separation of Church and Stat~ 1987 CONST., ‘An Il, See. 6) eens 298, rty of Abode and Right to Travel Limitations (1987 CONST., Art I, Ses. 6). |. Right to Information; Limitations (1987 CONST., [Art II Se. 28; Art II, ee. 7; Art. XVI, Sec. 10) Right to Association (1987 CONST., Art. IT, Se. 8 AML IT, See, 33 Art, IB, Sec. 2(8) ‘Non-Impairment of Contract (1987 CONST. as . Pree Access to Courts and Adequate Legal Assistance (1987 CONST, Art Ill See Il; BA.N0, 9999). Rights under Custodial Investigation (1987 CONST, Art. IL, Se 12; RA. NO, 7438) wenunene 308. 1. Reguisites ofa Vaid Waiver. 313 2. Exchusionary Rule 3M I. Rights ofthe Accused (1987 CONST., Art II, Sees. 13-17, 21 and 22). ‘TAMLE oF ContaNTS [Right against Involuntary Servitude (987 CONST, Art. IL Se. 18) _ 34 (©, Right against Fxcessive Fines, and Cruel and Inhumane Punishments (1987 CONST., 335 P, Nos-imprisonment for Debts (1987 CONST., APLIIL, See. 20). a 385 VIE Citizenship 1987 Const., Art. 1V) |A. Filipino Citizens (1987 CONST, Art IV, See 1-2) nuns 343 353 B. Acquisition and Los of Citizenship ns . Retention and Re-aequistion of Citizenship (RA, No. 9225), D, Naturalization (C.A. No. 473, Sees. 24; C.A. No. 63, as amended; A.M. No, 21-0722) Officers ‘VII. Law on Publi A. Public Officers; De Facto and De Jur 1B. Civil Service; Seope, Appointments, Personnel ‘Actions, and Removal 1. Preventive Suspension and Dismissal from Serve... 427 2. legal Dismissal, Reinstatement, and Back 30 C. Accountability of Pablie Officers; Ombudsman, (987 CONST, Art XI, Secs. £13; RA. No. 6770, ts amended; RCA. No. 6713) aah ad TX. Administrative Law A. General Principles. B. Administrative Agencies; Definition, Types, 14 Manner of Creation C. Powers of Administrative Agencies. 49 467‘TABLE OF ConTENTS Page D. Primary Administrative Jurisdiction E. Exhaustion of Administrative Remedies, 486 Cc X. Blestion Law ‘A. Suffrage; Qualification and Disqualification of Voters (1987 CONST. Art. V, Se. 13 R.A. No. 8189, Secs. 9 and 11). B._ Registration of Voters; Inclusion and Exclusion Proceedings (R.A. No. 81895 R.A. No. 10367) 1. Overseas Absentee Voting RA. No, 9189, se 487 RA.No, 10590, ipa 42 2. Local Absentee Voting E.0. No. 157, Series of 1987; RA.No. 7166, Sec. 12; RA. No, 10380. 493 3. Persons Deprived of Liberty Voting ~ COMELEC Resolution No. 9971, as may be amended. 498 , Political Parties and the Party-List System ‘of Representation (1987 CONST., Art. VI See. 52); Art. IX-C, Se 2 (5); RA. No. 741). 496 1. Registaion ~ R.A. No, 791, Se. 5. ne 502 Grounds for Refusal of Cancellation ‘of Registration - RA, No, 7941, See 6, 503 D. Candidacy. = s 1. Certificate of Candidacy ~ BLP. Bl. B81, See Tove 50S 2. Ministerial Duty of COMELEC to Receive Certificates ‘of Candidacy BP. Blg, 881, See. 76 306 3. Etec of Filing of Certificate of Candidacy — BP. Blg. 831, Sec. 6. 506 4. Eligibility and Material Misrepresention — BP Big, 881, Secs. 74 and 78 svn 507 al of Ceticates of Candidacy — ig B81, See. 73 7 08 3 ~ Remedies ‘TALE OF CONTENTS Effects of Denial and Cancellation of Cette of Candidacy de to Material Mistepresentation, Substitation of Candidates ~B.P. Blg 881, Sec 7. Nuisance Candidates and Effets of Declaration ‘of Nuisance Candidacy ~B.P. Blg, 881, See. 69; RA, No, 6546, see. 5. Disguleatin of Cnt les Limitations on Expenses and Prohibited Contributions - R.A, No. 7166, Se. 13 [Lawful Elston Propaganda ~ R.A, No, 9006 ‘Statement of Contributions and Expenses RA. No. 7166, Sec, 1d Pre-letion, Petition fr Disqualification. b._Pettion Nott Give Due Course or Cancel Certificates of Candidacy — BP. lg. 881, See. 78 Petition to Declare a Nuisance Candidate — BP. Blg. $81, See. 69 comers uring election 2 - 4. Petition to Postpone Plections BP. Big. 881, Sec. 5 1. Petition to Declare Faure of Elections — BP. Big. 881, Sev. 6 7" Pre-Proclamation Controversy Post-Proelamation.. ‘Election Contest i, lection Protest. ii, Quo warramo. ii, Jursdition Poge 510 S10 su siz 513 si6 sa 530 31 sal 333 536 536 336 536 539 5 542 542 S43 546‘TABLE OF ConTENTS (1) Presidential Electoral Tribunal ~ 1987 CONST., ‘An. VIL, See. 4 546 (2) Senate Electoral Titunal - 1987 CONST Art VI, See. 17, 546 (3) House of Representatives Electoral Tribunal ~ 1987 CONST., Ar. VI, Se. 17. sa (8) COMELEC - 1987 CONST., Ar. IX-C, See.20), BD. Big. 881, Sees. 250 and 283. sas (5) RTC-RA.No. 7166, Sec. 22; BP. Bl 881, Secs, 251 and 253 550 (6) MIC BP. Bip, 881, Secs. 252-283 ssi G. Prosecution of Flection Offenses (B.P. lg. 881 sone $85 asamended by R.A. No, 9369, Se. 263). ‘XI. Local Governments (1987 Const. Art. Xs R.A. No, 7160) ‘A. Principles of Local Autonomy B. Local Government Units. ia 1 Powers of Local Government Units Police Power and General Welfare Clause ». Eminent Domain and Taxation © Requsites ofa Valid Ordinance; Loe Initiative and Referendum, 4. Corporate Powers. 2. Local lective and Appoinive Officials Roles of Succession 4. Teem Limitations and Recall 589 566 3m 377 580 586 396 603 609) ois XII. Publi International Law A, Doctrine of incorporation and Transformation (1987 CONS! Art I 25 Art. VIL, See. 21) a3 . Subjects of International Law, D. Diplomatic and Consular Law (Vienna Convention on ‘TABLE OF CONTENTS International Law 1, Sources of Obligatios (Statute ofthe International Court of Justice, Art 38) 625 66 Diplomatic Relations; Vienna Convention on Consular Relations) = ‘Treaties; Vienna Convention on the Law of Treaties aun. 685 F. Nationality and Statelessnes (R.A. No. 9228; Hague Convention of 1930) wna G. Jurisdiction of State. sane O14 1. Terstoraliy Pincple 7 683 2. Nationality Principle... 689 3, Protective Principles nnannnne 690 4 University Principle : oo 5, Passive Personality Principle ol 6. Contes of Jursdeton. vo 2 1H Treatment of Aliens; Extradition and Deportation 694 1. International Human Rights Lav (The United Nations’ Universal Declaration of Human Rights) ma 4. International Humanitarian Law (RA. No. 9851)soosneu 712 1, War Crimes, Genocide, and Other Crimes against Homanity ~ Sections +6, ns 2. Turstiction and Double Jeopardy ~ Section 17, 736 4. relevance of Official Capecity ~ Seon 9 38 44. Responsibility of Superior ~ Section 10 9 5. Nonpreserition Section 11 740 About the Authors m11. 1987 Philippine Constitution ‘A. Definition, Nature, and Concepts ofthe Constitution (Q: What s the core foundation ofthe 1987 Constitution? The sovereignty of the people isthe core foundation of the Constitution tis for this reason that the Frst Principe in Aticle I, Section I of the 1987 Constitution on the Declaration of Principles and State Policies declares that “he Philipines Is democratic and republican stat. Sovereign resides in the people ‘and al government authority emanates rom thom.” Thus, by the very mfure of our system of government as democratic and republican, supreme power and authority reskes in the body of| the people, and for whom such authority i exercised. : Does the 1987 Constitution support the economic principle of “lasses faire” of less regulation of private business? No. The Constintion isnot made up_of neoclassical tsonomies, Is the base law. The principle of laissez fire has long been denied validity in this juisdiction. Far rom embracing the doctrine of laisse faire, the Coastttion has enshrined a policy of protecting human rights and social justice, with a view toward rising productivity, fll employment, and improving the ‘quality of ie ofthe people.” ‘Malia COMELEC, No. 25390 an 203155 ety 25.2 ComPENDIOUS BaR REVIEWER ‘ON POLITICAL Law (Q: May the Congress ereate a new aw reinstating a provision from a previous law that was already declared unconstitutional by the Court?” [At No, In the hierarchy of our laws, the Constitution is always Supreme and any la, issuance or ordinance tat is inconsistent with iis @aulliy* Once a law or provision of law has been declared nll fr being contary to the Constitution, a subsequent reinconporation ot reenactment of the same provision in a new Jaw will not cure is nullity. The only exception ta this is wien ther are compelling cireumstances to reverse the earlier conclusion? Q: What is the funetion ofthe Preamble? Is it a source of, enforceable rights or obligations? ‘A: No, the Preamble is not 2 source of enforceable rights of obligations. I only seis down the origin, scope and purpose of| ‘he Constitution and may be used as an aid in asceralning vague provisions inthe body of the Constitution * Q: What are the major parts of u constitution? ‘Az The tree major pats ofa constitution are the following: 1. Constitution of Sovereignty ~ This tefes tothe provisions pointing out the modes or procedure in accordance with ‘which formal changes in the Constitution may be made (Are XVII [Amendments or Revisions). 2 Consiution of Libergy ~ The series of prserptons setting forh the fundamental civil and poll rights of the etizens and imposing limitations en the power ofthe government a8 a means of securing the enjoyinent of those rights (Ar. I [ill of Rights), {Ma ne hed 65 GN 12015663 Fa 1997 Sir ee Pico he Cis CR N18 8 Aust 201, “Rapes hc 1 Paes Gana ara ove 1987 Panirpise CoxstrTun0N 8 3, Consution of Government Provides for svete ant system of government efers tothe provisions outlining the organization ofthe goverment, enumerating is powers, laying down certain rules relative to its adminisration ‘an defining the cetera (Ar. VI [Legislative Department ‘An. VII [Executive Department, Ant. Vill [dicial Department; Art. IX [Constitutional Commissions)” Q: What are the rules on interpretation and construction of the Constitution? [Az To interpret the provisions of the Constitution, the following rules must be observed, First, verbo legis ~ whenever possible, the words used in the Constitution must be given thet ordinary ‘meaning except when technical toms are involved. Send, when there is ambiguity rato legis et anima =the intent of the framers as well a the history of times, conditions, and circumstances under which the Constitution was framed must be considered. Third, ut res magis valet quam pereat- the Constiation must be interpreted a a whole, and its provisions should be construed together" (Q; Provide a brief background of the Philippine Constitutional History. [As The history ofthe Philippine Constitution may be summarize as follows 1. The Constitution of Biak-na-Bato: Also knovn a the Provisional Constintion ofthe Philipines, his Consition vas created by the representatives ofthe revolution in ‘order to rele the longings and aspiration ofthe Fipino People. It was an almost exact copy of the Cuban ° ann ard Ni, Osi Revie Pal La, 3 206), "Prana Hane of petty GH No 16s, WO haven 0.