Political and International Law

BAR EXAMINATION QUESTIONS (TRENDING)

COVERAGE 1987 TO 2014
956 QUESTIONS (728 ESSAYS, 228 MCQs)
I. BILL OF RIGHTS (214 items)
A. Freedom of expression (34 items)
1) Concept and Scope (14 items)
Forms of expression
1. Oral or Written ( recorded or not)
2. Symbolic speech (wearing armbands as symbol for protest)
3. Movies
2) Private vs. Government Speech (4 items)
Government Speech- Government may be able to restrict private expression because of its
message, ideas, subject matter, content, provided it is expressing its own point of view
Private Speech- freely speak one's mind is a highly valued freedom
3) Content Based & content- neutral regulation (3 items)
Content - neutral regulation- regulate the time, place or manner without affecting the content.
(Osmena vs COMELEC, 1998)
Content- based restraint- regulate the message or idea ; distort public debate, improper
motivation, imposed out of fear on how people will react to a particular speech (Osmena vs
COMELEC, 1998)
4) Facial Challenges and Overbreadth doctrine (3 items)
Rule: Statute may only be question by any party if as applied to him the former is unconstitutional
Exception: Face Challenges
Does not apply to penal statutes
Overbreadth Doctrine: ground to declare a statute void when it offends a constitutional principle
that a governmental purpose to control or prevent activities constitutionally subject
to state regulations may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedoms (Andiong vs COMELEC,
1992)
5) Freedom of Expression Tests (3 items)
A. Clear and Present Danger Test
Danger created must not only be clear and present but also traceable to the ideas
expressed (Gonzales vs COMELEC, 1969)
B. Balancing of Interest Test
Two legitimate values not involving national security crimes compete (Ibid)
C. Dangerous Tendency Test
Words uttered create a dangerous tendency of an evil which the state has right to
prevent, then such words are punishable (Cabansag vs Fernandez, 1957). All it requires for
speech to be punishable is the rational connection between the speech and the evil
apprehended.
6) State

1.
2.

Regulation of different types of mass media (3 items)

Broadcast and radio media are subject to dual regulation:
procurement of legislative franchise
registration and subject to National Telecommunications Commission (Divinagracia vs
Consolidated Broadcasting System Inc., April 2009)
Ownership and management of mass media, shall be limited to citizens of the Philippines, or
to corporations, cooperatives and associations, wholly owned and managed by such citizens
(Art. XVI. Sec.11(1))

Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition shall be
allowed. (Ibid)
Advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare (Ibid)
Only Filipino citizens or corporations or associations at least 70 per centum of the capital
of which is owned by such citizens shall be allowed to engage in the advertising industry
(Ibid)
The participation of foreign investors in the governing body of entities shall be limited to
their proportionate share in the capital and all the executive and managing officers of such
entities must be citizens of the Philippines. (Ibid)
7) Commercial Speech
Commercial transaction purposes
Must not be false or misleading and should not propose illegal transaction
Commercial Speech may be regulated if:
1. government has substantial interest to protect
2. regulation directly advances that interest
3. not more extensive than to protect that interest
8) Hecklers Veto
- situation wherein the government attempts to ban protected speech as it may provoke a violent
response
- this may be in the guise of permit requirement for holding of rallies
B. Rights of the accused (31 items)
1. Assistance of counsel (10 items)
Right to competent and independent counsel, of his own choice
o Person arrested, detained or under custodial investigation shall be assisted by a counsel
cannot be the subject of waiver during trial
2. Bail (9 items)
-Mode short of confinement which would ensure the attendance of the accused at his trial.
-Forms: deposit of money or equivalent
-Forfeited upon failure to appear
-Right to bail: all persons actually detained, except those charged with offenses punishable
by reclusion perpetua or death or when evidence of guilt is strong
3.Criminal due process (3 items)
Requisites:
1. Hearing by a court of competent jurisdiction
2. Accused is proceeded against orderly process of law
3. Notice and Opportunity to be heard
4. Hearing before judgment
4.Right to speedy, impartial and public trial (3 items)
Speedy - free from vexations, capricious, and oppressive delays (Mari vs Gonzales, 2011)
Impartial trial - accused is entitled to cold neutrality of an impartial judge (People vs CA,
1996)
Public - when anyone is interested in observing the manner, a judge conducts the
proceedings in his court room may do so
5. Right to be informed (2 items)
Manifested through the allegations in the complaint or information
o Accused cannot be convicted of a crime unless alleged in the information filed against him
6. Presumption of Innocence (1 items)
Accused shall be presumed innocent until the contrary is proved
Equipoise rule- When the evidence of both sides is equally balanced, the Constitutional
presumption of innocence should tilt the scales in favor of the accused.

7. Right to be heard (1 items)

Elements: totality of the rights:
1. To be present at the trial
2. To counsel
3. To an impartial judge
4. Right of confrontation
5. Right to compulsory process to secure the attendance of witnesses
8. Right of confrontation (1 items)
- Opportunity to test the testimony of a witness by cross- examination.
9. Trial in absentia (1 items)
- trial may proceed despite the absence of the accused:
Requisites:
1. Valid arraignment
2. Notice of Hearing
3. Failure to appear: unjustified
C. Searches and Seizures (23 items)
1) Warrantless searches,(14 items)
a. Consented Warrantless Arrest
b. Incidental to a lawful arrest
c. Searches of vessel and aircraft for violation of fishery, immigration and customs laws
d. Customs search
e. Inspection pursuant to fire, sanitary and building regulation,
f. Visual search at checkpoints
g. Conduct of aerial target zoning and saturation drive in the exercise of the military powers of the
President
h. Stop and Frisk
i. prohibited articles are in plain view
2) Warrantless arrests, (5 items)
a. Caught in inflagrante delicto: has committed, actually committing, attempting to commit (Rule
113, sec.5a)
b. Doctrine of hot pursuit: offense has just been committed (Ibid)
c. Escapee or detention prisoner (Ibid)
d. continuing offense (membership in organizations (NPA)) (Umil vs Ramos, 1990)
3) Concept , (3 items)
Coverage against unreasonable searches and seizures:
(1) sanctity and privacy of a person himself
(2) inviolability of a persons home and his possession.
4) Warrant requirement, (2 items)
Valid Warrant of Arrest
1. probable cause
2. determination of probable cause made by the judge
3. determination by the judge was made on an examination under oath or affirmation of the
complainant and the witness he may produce
4. complainant/ witnesses testified to facts within their personal knowledge
5. particularly describe the place to be searched, persons or objects to be seized (Art. 3,sec.2)
General Rule: Only a judge can issue a warrant for the purpose of determining probable cause.
Exception: Commissioner of Immigration for purposes of execution by final judgment in a
deportation case.

D. Due process- the rights to life, liberty and property (15 items)
1) Relativity of due process (5 items)
Due process is flexible for not all situations calling for procedural safeguards call for the same kind
of procedure (Sec. of Justice vs Lantion ,2000)
2) Procedural and substantive due process (3 items)
Procedural due process restriction on actions of judicial or quasi-judicial agencies of the
government; guarantee of procedural fairness
Substantive due process restriction on the governments law and rule making powers
3) Void-for-vagueness doctrine (3 items)
When statute forbids or requires the doing of an act in terms so vague that men of common
intelligence must necessarily guess at its meaning and differ as to its application, the law is
deemed void. Such kind of statute violates the first essential of due process of law because it
denies the accused the right to be informed of the charge against him. (Estrada vs Sandiganbayan,
2001)
4) Constitutional and statutory due process (2 items)
Constitutional due process - protects the individual from the government and assures him his rights
in criminal, civil or administrative proceedings;
Statutory due process - Labor Code protects EEs from being unjustly terminated without just cause
after notice and hearing. (Agabon vs NLRC, 2004)
5) Judicial standards of review (1 items)
a. Strict Scrutiny- focus is the presence of compelling governmental interest and on the absence of
less restrictive means for achieving that interest. It is used for laws dealing with freedom of the
mind or restricting the political process.
b. Intermediate Review- satisfied when it is shown that a classification or legislation is substantially
related to an important government objective. Availability of less restrictive alternatives is
considered.
c. Rational basis or deferential review: satisfied when it is shown that the legislative classification is
rationally related to some legitimate interests
E. Freedom of religion, (14 items)
1)Free exercise clause, (7 items)
Two aspects:
a. Freedom to believe- absolute as long as it is confined in the realm of thought
b. Freedom to act on ones belief- subject to regulation where the belief is translated into
external facts that affect the public welfare (Nachura, Outline Political Law Reviewer,
2009)
2)Non-establishment clause, (5 items)
Government neutrality in religious matters (Ang Ladlad LGBT Party vs COMELEC, 2010)
3) Tests, (2 items)
Clear and present danger test words used to create substantive evil that the state has a right to
prevent.
Compelling state interest test law infringes religious exercise, the state interest sought to be
promoted must be compelling as to override the free exercise claim
F. Self-incrimination clause, (12)
Right to refuse to testify to a fact which would prove the commission of a crime by a witness.

G. Fundamental powers of the state (police power, eminent domain, taxation), (11 items)
1) Concept (6 items)
They are considered inherent because they are incidents of sovereignty and do not depend
on the law or the Constitution to be recognized or enforced. (Suarez, Political Law Reviewer
2) Requisites for valid exercise, (5 items)
Subject at all times to the limitations and requirements of the Constitution and may in
proper cases be annulled by the courts of justice.
H. Eminent domain, (11 items)
1) Just compensation, (6 items)
Equivalent of the loss which the owner has to suffer by reason of the expropriation.
2) Expansive concept of public use, (3 items)
Any utility, advantage, or productivity for the benefit of the public
3) Concept, (2 items)
Elements
1.
2.
3.

of eminent domain
taking of private property
public use
just compensation

I. Rights of suspects, (11 items)

1) Availability, (8 items)
Available when the investigation is no longer a general inquiry unto an unsolved crime but
focuses on a particular suspect, as when the suspect has been taken into police custody and
the police carry out a process of interrogation that lends itself to eliciting incriminating
statements.(People vs Mara, September 1994)
2) Waiver, (3 items)
in writing; done in the presence of the counsel
only the right to remain silent and right to counsel may be waived.
J. Double jeopardy, (11 items)
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
K. Equal protection, (6 items)
1) Concept, (4 items)
Constitutional guarantee of the Equality of all persons before the law
2) Requisites for valid classification, (2 items)
1. Substantial distinctions
2. Germane to the purpose of the law
3. Not limited to existing conditions
4. Apply equally to all members of the same class
L. Privacy of communications and correspondence, (5 items)
1) Private and public communications, (4 items)
Inviolable except upon lawful order of the court, or when public safety or order requires
otherwise. Any evidence obtained in violation shall be inadmissible for any purpose in any
proceeding. It covers letters, messages, telephone calls, telegrams and the like.
2) Intrusion, when allowed, (1 items)
Allowed upon lawful order of the court or when public safety and order requires otherwise as
prescribed by law.
M. Liberty of abode and freedom of movement, (5 items)
1) Limitations, (4 items)
Liberty of abode upon lawful order of the court
Right to travel by administrative authorities;
(a) national security, public safety or public health; (b) any person on bail.

2) Right to travel, (1 item)

Right to move from one place to another (Reyes vs Court of Appeals, December 3, 2009)
N. Right of association, (5 items)
Right of those employed in the public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
O. Ex post facto laws and bills of attainder, (4 items)
No ex-post facto law or bill of attainder shall be enacted.
Kinds of Ex-post facto law:
1. Makes an action done before the passing of the law, and which was innocent when done,
criminal, and punishes such action.
2. Aggravates the crime or makes it greater than when it was committed.
3. Changes the punishment and inflicts a greater punishment than that which the law annexed to
the crime when it was committed.
4. Alters the legal rules of evidence and receives less testimony than the law required at the time
of the commission of the offense in order to convict the accused.
5. assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or
deprivation of a right, which when done was lawful.
6. Deprives a person accused of a crime of some lawful protection to which he has become entitled
such as the protection of a former conviction or acquittal, or a proclamation of amnesty.
P. Private acts and the Bill of Rights, (3)
No law shall be passed abridging freedom of speech, of expression, etc.
No law shall be made respecting an establishment of religion.
No law impairing the obligation of contracts shall be passed.
No ex post facto law or bill of attainder shall be enacted.
Q. Right to information, (3 items)
1) Limitations, (1 item)
National security matters and intelligence information
Trade secrets and banking transactions
Criminal matters
Confidential information which include domestic correspondence closed door cabinet
meetings and executive sessions of either houses of congress or and the internal
deliberations of the Supreme Court
2) Publication of laws and regulations, (1 item)
- Tanada vs Tuvera; right to due process in relation to the conclusive presumption that every
person knows the law
3) Right to information relative: a) Government contract negotiations; b) Diplomatic negotiations,
(1 item)
Right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
R. Writ of habeas corpus, (3 items)
A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption and detention, to do, submit to, and
receive whatever the court or judge awarding the writ shall consider in that behalf.
S. Writs of amparo, habeas data, and kalikasan, (3 items)
Writ of Amparo - remedy available to any person whose right to life, liberty, and security has
been violated or is threatened with violation by a public official or employee, or of a private
individual or entity.

-extralegal killings and enforced disappearances or threats

Writ of habeas data - remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or employee, or
of a private individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the aggrieved
party.
Writ of Kalikasan issued when a constitutional right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity without involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
provinces.
T. Involuntary servitude, (2 items)
Condition where one is compelled by force, coercion or imprisonment, and against his will, to labor
for another whether he is paid or not
U. Excessive fines and cruel and inhuman punishments, (2 items)
Shall not be imposed unless, for compelling reasons involving heinous crimes, the congress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.
II. Public International Law, (120 items)
A. International Humanitarian Law and neutrality, (19 items)
Governs armed conflict, use of violence limited, human suffering reduced. Military operations
regulated by persons who dont participate in hostilities
Neutrality - independence and integrity of state is guaranteed on condition that it does not take
part in war between other states
B. Diplomatic and Consular Law, (16 items)
Agents of Diplomatic Intercourse:
1. Head of state
2. Foreign secretary or minister
3. Members of diplomatic service
4. Special diplomatic agents appointed by head of state
5. Envoys ceremonial
Main functions of diplomatic mission:
1. Represent the sending State
2. Protect interests of the sending State and its nationals
3. Negotiate with government of receiving State
4. Ascertain conditions in receiving State and report these to sending State
5. Promote friendly relations between sending State and receiving State
6. Develop economic, cultural and scientific relations
Diplomatic immunities and privileges:
1. Inviolability of correspondence/archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts performed in official capacity
4. Consular officer is not immune from criminal jurisdiction of receiving state.
5. Exemption from certain taxes and custom duties.
C. Jurisdiction of States, (14 items)
Territoriality Principle - crimes committed within state's boundaries and persons within territory
are subject to application of local law.
Universality principle - right to exercise jurisdiction over international crimes.
General Rule: A State may exercise jurisdiction only within its territory

Exceptions:
a. Continuing offenses
b. Acts prejudicial to the national security
c. Universal crimes
d. Offenses covered by special agreement