SAN BEDA COLLEGE OF LAW-ALABANG

PRE-BAR REVIEW:
POLITICAL LAW AND
INTERNATIONAL LAW
October 7, 2022

by Comm. Rene V. Sarmiento (ret.)

INTRODUCTION
Nature of 2022 Bar Examinations
Prognosis
Preparation, A Must
What to Expect from the Lecture
Survey and Analysis of Judicial Doctrines in Political Law and International Law
Flashback: Bar Examination Questions Through the Years
Bar Pointers
POLITICAL AND INTERNATIONAL LAW
II. DUE PROCESS, BILL OF RIGHTS, CONSTITUTIONAL
COMMISSIONS, PARTY LIST SYSTEM

1. COMMISSIONER OF INTERNAL REVENUE VS. MCDONALD'S PHILIPPINES REALTY CORP., G.R. NO.
242670, MAY 10, 2021
The issuance of a letter of Authority issued by the BIR prior to examination and assessment is requirement of
due process. The revenue officer should properly secure an LOA before examination and assessment of the
petition. No LOA is nullity of the examination and assessment and violation of the taxpayers right to due
process.
POLITICAL AND INTERNATIONAL LAW
II. DUE PROCESS, BILL OF RIGHTS, CONSTITUTIONAL
COMMISSIONS, PARTY LIST SYSTEM

2. MARK JALANDONI VS. THE OFFICE OF THE OMBUDSMAN, GR. NUMBER 211751, MAY 10, 2021
A factual and evidentiary matter that must be threshed out in a full-blown trial. The probative value of the
verbal and documentary evidence of Jalandoni's authority and his claim of good faith can be best passed
upon in a trial on the merits and there is no violation of Jalandoni's right to due process.
When petitioners were given a copy of the Complaint and its annexes during preliminary investigation, his
right to examine the documents was respected. While his motion for the production and inspection of the
documents had initially been denied, he was later allowed to do so on two occasions. Thus, there was no
violation of his right to due process.
POLITICAL AND INTERNATIONAL LAW
II. DUE PROCESS, BILL OF RIGHTS, CONSTITUTIONAL
COMMISSIONS, PARTY LIST SYSTEM

3. VIRGILIO A. BOTE, VS. SAN PEDRO CINEPLEX PROPERTIES, INC., G.R. NO. 203471, SEPTEMBER 14, 2020
This Petition stemmed from an administrative complaint filed by San Pedro Cineplex Properties, Inc. (SPCPI) against
Bote, then incumbent mayor of General Tinio, Nueva Ecija, for Violation of Republic Act No. (R.A.) 7160, abuse of
authority, and culpable violation of the Constitution (Sec. 1, Article III, 1987 Constitution)
The Supreme Court ruled that the Bill of Rights cannot be invoked against private individuals, or in cases where there is
no participation by the State either through its instrumentalities or persons acting on its behalf. There is no dispute that
Bote, at the time of the incident, was a municipal mayor. However, the records are bereft of any indication that, during
the incident, he was acting as such, or on behalf of or upon authority of the State. Bote was acting as a private individual
or in his personal capacity, making the Bill of Rights inapplicable.
SPCPI cannot invoke Section 1, Article III of the 1987 Constitution to sustain an administrative case against Bote under
R.A. 7160. It may find redress through a civil or criminal suit.
POLITICAL AND INTERNATIONAL LAW
III. SEARCHES AND SEIZURES
1. PEOPLE OF THE PHILIPPINES VS. JERRY SAPLA, G.R. NO. 244045, JUNE 16, 2020
A warrantless search conducted by the police inside a passenger jeepney is not a valid search of a moving vehicle
where the vehicle is not the target but a specific person who matched the description given by an anonymous
caller.

2. DELFIN R. PILAPIL, JR. VS. LYDIA Y. CU, G.R. NO. 228608 (AUGUST 27, 2020) AND PEOPLE OF THE
PHILIPPINES VS. LYDIA Y. CU, G.R. NO. 228589, AUGUST 27, 2020
The Court said that the warrantless ocular inspection of the mining site that preceded the seizure and which
allowed Mayor Delfin Pilapil, Jr. and his team of police officers and barangay officials to catch a view of the subject
explosives finds no authority under any provision of law and the established circumstances suggest that the
incriminating nature of the subject explosives could not have been immediately apparent to Mayor Delfin Pilapil,
Jr. and his inspection teams.
POLITICAL AND INTERNATIONAL LAW
III. SEARCHES AND SEIZURES
3. VIRGILIO L. EVARDO VS. PEOPLE OF THE PHILIPPINES, G.R. NO. 234317, MAY 10, 2021
A warrantless search of a moving vehicle (a tricycle in this case) cannot be premised solely on an initial tip. It
must be founded on probable cause where there must be a confluence of several suspicions occurrences.
Each such circumstance must occur before the search is commenced. Further, they must each be
independently suspicious.
POLITICAL AND INTERNATIONAL LAW
IV. BAIL
1. IN THE MATTER OF THE URGENT PETITION FOR THE RELEASE OF PRISONERS ON
HUMANITARIAN GROUNDS IN THE MIDST OF THE COVID-19 PANDEMIC, DIONISIO S. ALMONTE, ET.
AL. VS. PEOPLE OF THE PHILIPPINES, EDUARDO AÑO, ET. AL., G.R. NO. 252117, JULY 28, 2020
Petitioners (members of the CPP, NPA, NDF) charged with offenses punishable by "reclusion perpetua", are
not entitled to bail as a matter of right.
Petitioners allege that they are prisoners and are among the elderly, sick, and pregnant population of inmates
exposed to the danger of contracting COVID-19 where social distancing and self-isolation measures are
purportedly impossible. They are invoking the Court’s power of “equity jurisdiction” and are seeking
“temporary liberty on humanitarian grounds” either on recognizance or on bail.
Summary hearings need to be conducted for the purpose of weighing the strength of the prosecution's
evidence as to petitioners’ guilt. The trial courts are competent to handle the reception of an evaluation of
evidence.
POLITICAL AND INTERNATIONAL LAW
V. EQUAL PROTECTION CLAUSE
1. DEPARTMENT OF TRADE AND INDUSTRY AND ITS BUREAU OF PRODUCT STANDARDS VS.
STEELASIA MANUFACTURING CORPORATION, G.R. NO. 238263, NOVEMBER 16, 2020
The Department of Trade and Industry’s (DTI) regulation allowing the conditional release of imported steel
merchandise from the Bureau of Customs’ premises prior to compliance with the required testing, inspection
and clearance, but not of the local steel, is not a violation of the equal protection clause.
The Supreme Court ruled that the DTI Regulations do not violate the equal protection clause because there
exists a valid classification between local producers and importers even though they produce the same goods
and commodities.
POLITICAL AND INTERNATIONAL LAW
VI. DOUBLE JEOPARDY, RIGHT OF THE ACCUSED TO A SPEEDY TRIAL
1. PEOPLE VS. SANDIGANBAYAN AND THADEO Z. ONANO, G.R. NO. 185503, ETC., MAY 3, 2021
An exception to the rule against double jeopardy is that the State may challenge an acquittal where there has
been grave abuse of discretion. Here, the cases were dismissed with grave abuse of discretion because the
Sandiganbayan abdicated its duty to make an independent assessment of the merits of the cases against the
petitioners.
There is no violation of the rights of the accused to a speedy trial where there is no showing that any delay
attended the proceedings and how they delays were vexatious, capricious, and oppressive.
POLITICAL AND INTERNATIONAL LAW
VII. RIGHT TO TRAVEL
1. PROSPERO A. PICHAY, JR. VS. SANDIGANBAYAN, ETC., G.R. NOS. 241742 AND 241753-59, MAY 12, 2021
The right to travel is a fundamental right guaranteed by the 1987 Constitution and the Universal Declaration
of Human Rights to which the Philippines is a signatory. However, the exigencies of one's right to travel is
not absolute. There are constitutional, statutory, and inherent limitations regulating the right to travel.
POLITICAL AND INTERNATIONAL LAW
VIII. JUST COMPENSATION
1. NATIONAL TRANSMISSION CORPORATION, AS TRANSFEREE-IN-INTEREST OF THE NATIONAL
POWER CORPORATION VS. SPOUSES MARIANO S. TAGLAO AND CORAZON M. TAGLAO, G.R. 223195,
JANUARY 29, 2020
While market value may be one of the basis in the determination of just compensation, the same cannot be
arbitrarily arrived at without considering the factors to be appreciated in arriving at the fair market value of
like property, its size, shape, location, as well as the tax declaration thereon. And just compensation should be
computed based on the fair value of the property at the time of its taking or the filing of the complaint,
whichever comes first.
Moreover, an easement of a right of way, although it transmits no rights except the easement itself, the
limitations on the use of the property taken for an indefinite period would deprive its owner of the normal
use thereof and the owner is entitled to payment of just compensation.
POLITICAL AND INTERNATIONAL LAW
VIII. JUST COMPENSATION
2. REPUBLIC VS. JULIANA SAN MIGUEL VDA. DE RAMOS, G.R. NO. 211576, FEBRUARY 19, 2020
This an action for expropriation (Expropriation Complaint) filed by the Republic before the Regional Trial
Court of Valenzuela City.
Here, the Supreme Court ruled that the RTC erred in ordering petitioner Republic to pay legal interest of 6%
on the amount of just compensation because the respondents had acknowledged the receipt of the full
amount of just compensation even prior to the time of taking.
POLITICAL AND INTERNATIONAL LAW
IX. PARTY-LIST SYSTEM
1. ANG PARTIDO NG MGA PILIPINONG MARINO, INC., (ANGKLA) AND SERBISYO SA BAYAN PARTY (SBP)
VS. COMELEC, ET. AL., G.R. NO. 246816, SEPTEMBER 15, 2020
Recalibrating the formula for the party-list system (allocation of additional seats) could not be the subject of
judicial review because it is a question of wisdom which the legislature alone may determine for itself. The
Supreme Court does not write policies.
POLITICAL AND INTERNATIONAL LAW
X. NATIONAL ECONOMY AND PATRIMONY
1. ABS-CBN CORPORATION VS. NATIONAL TELECOMMUNICATIONS COMMISSION, G.R. NO. 252119,
AUGUST 25, 2020
It cannot be inferred from our Constitution and our present statutes that temporary statutory privileges may
be accorded to a franchise applicant pending deliberation of a franchise grant or renewal. Only upon the
completion of the full law-making procedure in accordance with the parameters prescribed by the
Constitution can it be said that Congress has granted a broadcasting entity the statutory privilege to so
broadcast its programs through its television and radio stations.
POLITICAL AND INTERNATIONAL LAW
XI. CIVIL SERVICE COMMISSIONS (DOUBLE COMPENSATION)
1. PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), ET. AL. VS. COMMISSION ON AUDIT,
G.R. NO. 210905, NOVEMBER 17, 2020
The law is that no elective or appointive public officer or employee shall receive additional or double
compensation unless specifically authorized by law.
The Supreme Court ruled that the collection of OWWA dues is within the statutory mandate of POEA and is part
and parcel of the job description of its employees. Under the applicable statutes and the basic law, any and all
compensation or benefits received by the employees of the POEA for the discharge of such function should be
deemed integrated into their basic salaries, unless a law or executive issuance specifically states that they be given
additional compensation therefor.
POEA and OWWA have failed to demonstrate that the Incentive Allowance is authorized by any statute or
executive. pronouncement. It is therefore clear that the payment of the Incentive Allowance violated the rule on
double compensation. The incentive allowance payments must be returned.
POLITICAL AND INTERNATIONAL LAW
XII. IMMORALITY AND DISHONESTY IN THE SALN
1. IN RE: INCIDENT REPORT OF THE SECURITY DIVISION AND ALLEGED VARIOUS INFRACTIONS
COMMITTED BY MR. CLOYD D. GARRA, JUDICIAL STAFF EMPLOYEE II, MEDIATION, PLANNING AND
RESEARCH DIVISION, PHILIPPINE MEDIATION CENTER OFFICE, PHILIPPINE JUDICIAL ACADEMY, A.M.
NO. 2019-14-SC, FEBRUARY 10, 2020
Respondent Garra is guilty of Disgraceful and Immoral Conduct as defined under Civil Service Commission
(CSC) Memorandum Circular (MC) No. 15, Series of 2010, stating that public office is a public trust. Garra's
lack of honesty in his SALNs by deliberately placing "N/A" in his SALNs from 2007 to 2011, and SALNs
beginning 2013, despite knowledge that he is married to Ms. Melissa M. Osbual Garra (Osbual) is simple
dishonesty since the act did not cause damage or prejudice to the government and had no direct relation to
or did not involve the duties and responsibilities of Garra as staff driver.
ELECTION LAW, PUBLIC OFFICERS,
ADMINISTRATIVE LAW AND LOCAL GOV'T
I. ABANDONMENT OF THE AGUINALDO DOCTRINE
1. HERRERA VS. MOGO, ET. AL., G.R. NO. 23110, JANUARY 15, 2020
The condonation doctrine was good law since then until November 10, 2015 when the Supreme Court
promulgated Carpio Morales vs. Court of Appeals et. al., G.R. Nos. 217126-27, November 10, 2015. In this
jurisdiction, there is no legal basis to conclude that an election automatically implies condonation. If
condonation of an elective official’s administrative liability would be allowed in this jurisdiction, the same
should have been provided by law under our governing mechanisms.
ELECTION LAW, PUBLIC OFFICERS,
ADMINISTRATIVE LAW AND LOCAL GOV'T
II. GUN BAN DURING ELECTION PERIOD
1. ARTURO SULLANO VS. PEOPLE OF THE PHILIPPINES, G.R. NO. 232147, JUNE 8, 2020
Petitioner is charged with violation of the gun ban during the 2010 election period pursuant to B.P. Blg. 881 in
relation to COMELEC Resolution No. 8714. He also said that the checkpoint was improperly done since no
signage was up.
The checkpoints, ruled the Supreme Court, are warranted by the exigencies of public order, and were
conducted in a way least intrusive to motorists, were allowed since the COMELEC would be hard put to
implement the ban if its deputized agents are limited to visual search of pedestrians.
ELECTION LAW, PUBLIC OFFICERS,
ADMINISTRATIVE LAW AND LOCAL GOV'T
III. FINDINGS OF ADMINISTRATIVE AGENCIES ARE
CONTROLLING TO THE RECEIVING COURT.
1. CIVIL SERVICE COMMISSION VS. HILARIO J. DAMPILOG, G.R. NO. 238774, JUNE 10, 2020
The Civil Service Commission Cordillera Administrative Region (CSC-CAR), after conducting a preliminary
investigation, issued a Resolution charging Hilario J. Dampilog with Serious Dishonesty, Falsification of Official
Documents and Grave Misconduct for allowing somebody to apply and take in his behalf the Career Service
Professional Examination (CSPE) and reflected a rating of 81.89% in his Personal Data Sheet, thereby misleading the
appointing authority to appoint him as Special Investigator I of the Department of Environment and Natural Resources
(DENR-CAR).
The CSC-CAR found him guilty of the offenses charged. The CSC affirmed the findings of the CSC-CAR.
The Supreme Court ruled that findings of facts of administrative agencies, such as the CSC, if based on subsisting
evidence, are controlling on the receiving court. The CSC are better equipped in handling cases involving the
employment status of employees in the Civil Service since it is within their field of expertise.
ELECTION LAW, PUBLIC OFFICERS,
ADMINISTRATIVE LAW AND LOCAL GOV'T
IV. THE CHIEF EXECUTIVE AND LOCAL GOVERNMENT
1. PROVINCE OF CAMARINES SUR, REPRESENTED BY GOVERNOR MIGUEL LUIS R. VILLAFUERTE VS.
THE COMMISSION ON AUDIT, G.R. NO. 227926, MARCH 10 2020
The Chief Executive wielded no more authority than that of checking whether local governments or their
officials were performing their duties as provided by the fundamental law and by statutes. He cannot
interfere with local governments, so long as they are within the scope of their authority. Supervisory power,
when contrasted with control, is the power of mere oversight over an inferior body and it does not include
any restraining authority over such body.
ELECTION LAW, PUBLIC OFFICERS,
ADMINISTRATIVE LAW AND LOCAL GOV'T
V. DISMISSAL OF ELECTION PROTEST AT P.E.T.
1. MARCOS VS. ROBREDO, P.E.T. CASE NO. 005, FEBRUARY 16, 2021
Protestant Marcos and protestee Robredo were two of six candidates for Vice-President during the May 9,
2016 elections. Protestee garnered 14,418,817 votes, while protestant received 14,155,344 votes, a slim margin
of only 263,473. Congress proclaimed protestee as the Vice-President of the Philippines.
The Supreme Court sitting as P.E.T. ruled that failing to forward a "detailed specification of the acts or
omissions complained of makes the protest insufficient in form and substance, warranting its summary
dismissal. Sweeping allegations of wrongdoing and submitted incomplete and incorrect data leaves the
Tribunal with no other recourse but to dismiss the Protest.
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.01. ELECTION LAW
Commission on Elections (Appointment, Powers, Jurisdiction, Pardon)
Omnibus Election Code (Sec. 68, Sec. 78)
Rule On Succession (Second Placer Rule)
Adjudication of Election Contests (Regular Courts, COMELEC, HRET, SET)
Term Limits
R.A. 9225
Ad Interim Appointment
Party-List System (Parameters)
Ipso Facto Resignation.
Protest vs. Quo Warranto
Prosecution on Election Offenses
Recall
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.02. PUBLIC OFFICERS
Kinds Of Appointment
Rights Of Public Officers
Termination of Official Relations
Disabilities. and Inhibitions of Public Offices
Immunity of Public Officer
Nepotism
De Facto vs. De Jure
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.03. ADMINISTRATIVE LAW
Doctrine Of Exhaustion Of Administrative Remedies; Exceptions
Administrative Due Process and Requisites
Rights Against Self Incrimination
Necessity of Notice and Hearing
Security of Tenure
Holdover Principle
Theory of Benevolent Neutrality or Accommodation
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.04. BILL OF RIGHTS
Custodial Investigation
Criminal Due Process/Rights of Accused
Freedom of Speech and Expression
Fundamental Powers of the State
Freedom of Religion
Right Against Self-Incrimination
Due Process
Searches and Seizures
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.05. EXECUTIVE DEPARTMENT
Military Power
Executive Privilege
Residual Powers,

1.06. LEGISLATIVE DEPARTMENT

Powers of Congress
Legislative Privileges, Inhibition and Disqualification
Electoral Tribunals and Commission on Appointments
Party-List System
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.07. JUDICIAL DEPARTMENT
Judicial Power and Judicial Review
Safeguards of Judicial Independence
Original and Appellate Jurisdiction
Appointments to the Judiciary
Deliberative Process Privilege
Amparo, Habeas Dita
B. FLASHBACK: BAR EXAMINATION QUESTIONS IN THE PAST
1.08. CITIZENSHIP
Who Are Filipino Citizens
Natural-Born Citizens and Public Office

1.09. PUBLIC INTERNATIONAL LAW

Archipelagic Doctrine
UNCLOS
Law of the Sea
Sovereign Immunity
International Court of Justice
Charter of the United Nations
Vienna Convention on Consular Relations
Vienna Convention on Diplomatic Relations
Vienna Convention on Law of Treaties
Definition of Terms
C. BAR POINTERS
1. Answering Bar Examination Questions
2. Spelling and Grammar
3. Composure Inside the Room
4. After completion of the First Bar Subject
5. Prayer, Physical and Mental Wellness
THANK YOU
AND
GOD BLESS!