C.

Legislative
disqualifications

COVERAGE

POLITICAL AND INTERNATIONAL LAW

inhibitions

E. Discipline of members

I. The Philippine Constitution

A. Constitution: definition, nature and concepts
B. Parts

F. Electoral tribunals
Appointments

and

the

Commission

on

1. Nature

C. Amendments and revisions

and

2. Powers

non-self-executing

G. Powers of Congress
1. Legislative

E. General provisions

a) Legislative inquiries and the oversight functions

II. General Considerations

A. National territory
1. Archipelagic doctrine
B. State immunity
C. General principles and state policies
D. Separation of powers
E. Checks and balances
F. Delegation of powers
G. Forms of government

b) Bicameral conference committee

c) Limitations on legislative power
(i) Limitations on revenue, appropriations and tariff
measures
(ii) Presidential veto and Congressional override

III. Legislative Department

2. Non-legislative
A. Who may exercise legislative power
a) Informing function
1. Congress
b) Power of impeachment
2. Regional/Local legislative power
c) Other non-legislative powers
3. Peoples initiative on statutes

IV. Executive Department

a) Initiative and referendum

4. The President under a martial law rule or in a
revolutionary government

A. Privileges, inhibitions and disqualifications

1. Presidential immunity

B. Houses of Congress

2. Presidential privilege

1. Senate

B. Powers

2. House of Representatives

1. Executive and administrative powers in general

a)
District
representatives
apportionment
b) Party-list system

and

D. Quorum and voting majorities

2015 BAR EXAMINATIONS

D. Self-executing
provisions

privileges,

and

questions

of

2. Power of appointment
a) In general

b) Commission on Appointments confirmation

D. Appointments to the Judiciary

c) Midnight appointments

E. Supreme Court

d) Power of removal

1. En banc and division cases

3. Power of control and supervision

2. Procedural rule-making

a) Doctrine of qualified political agency

3. Administrative supervision over lower courts

b) Executive departments and offices

4. Original and appellate jurisdiction

c) Local government units

F. Judicial privilege

4. Military powers

VI. Constitutional Commissions

5. Pardoning power

A. Constitutional safeguards to ensure independence of

commissions

a) Nature and limitations

B. Powers and functions of each commission
b) Forms of executive clemency
C. Prohibited offices and interests
6. Diplomatic power
D. Jurisdiction of each constitutional commission
7. Powers relative to appropriation measures
E. Review of final orders, resolutions and decisions
8. Delegated powers
1. Rendered in the exercise of quasi-judicial functions
9. Veto powers
2. Rendered in the exercise of administrative functions
10. Residual powers
11. Executive privilege

VII. Bill of Rights

C. Rules of Succession

A. Fundamental powers of the state (police power,

eminent domain, taxation)

V. Judicial Department

1. Concept, application and limits

A. Concepts

2. Requisites for valid exercise

1. Judicial power

3. Similarities and differences

2. Judicial review

4. Delegation

a) Operative fact doctrine

B. Private acts and the Bill of Rights

b) Moot questions

C. Due process the rights to life, liberty and property

c) Political question doctrine

1. Relativity of due process

B. Safeguards of Judicial independence

2. Procedural and substantive due process

C. Judicial restraint

3. Constitutional and statutory due process

4. Hierarchy of rights

a) Tests

5. Judicial standards of review

b) Applications

6. Void-for-vagueness doctrine

3. Facial challenges and the overbreadth doctrine

D. Equal protection

4. Tests

1. Concept

5. State regulation of different types of mass media

2. Requisites for valid classification

6. Commercial speech

3. Standards of judicial review

7. Private vs. government speech

a) Rational Basis Test

8. Hecklers veto

b) Strict Scrutiny Test

H. Freedom of religion

c) Intermediate Scrutiny Test

1. Non-establishment clause

E. Searches and seizures

a) Concept and basis

1. Concept

b) Acts permitted and not permitted by the clause

2. Warrant requirement

c) Test

a) Requisites

2. Free exercise clause

3. Warrantless searches

3. Tests

4. Warrantless arrests

a) Clear and Present Danger Test

5. Administrative arrests

b) Compelling State Interest Test

6. Drug, alcohol and blood tests

c) Conscientious Objector Test

F. Privacy of communications and correspondence

I. Liberty of abode and freedom of movement

1. Private and public communications

1. Limitations

2. Intrusion, when allowed

2. Right to travel

3. Writ of habeas data

a) Watch-list and hold departure orders

G. Freedom of expression

3. Return to ones country

1. Concept and scope

J. Right to information

a) Prior restraint (censorship)

1. Limitations

b) Subsequent punishment

2. Publication of laws and regulations

2. Content-based and content-neutral regulations

3. Access to court records

4. Right to information relative to:

7. Right to speedy, impartial and public trial 8. Right of

confrontation

a) Government contract negotiations

9. Compulsory process
b) Diplomatic negotiations
10. Trials in absentia
K. Right of association
Q. Writ of habeas corpus
L. Eminent domain
R. Writs of amparo, habeas data, and kalikasan
1. Concept
S. Self-incrimination clause
2. Expansive concept of public use
1. Scope and coverage
3. Just compensation
a) Foreign laws
a) Determination
2. Application
b) Effect of delay
3. Immunity statutes
4. Abandonment
repurchase

of

intended

use

and

right

of
T. Involuntary servitude and political prisoners

5. Miscellaneous application

U. Excessive fines and cruel and inhuman punishments

M. Contract clause

V. Non-imprisonment for debts

1. Contemporary application of the contract clause

W. Double jeopardy

N. Legal assistance and free access to courts

1. Requisites

O. Rights of suspects

2. Motions for reconsideration and appeals

1. Availability

3. Dismissal with consent of accused

2. Requisites

X. Ex post facto laws and bills of attainder

3. Waiver

VIII. Citizenship

P. Rights of the accused

A. Who are Filipino citizens

1. Criminal due process

B. Modes of acquiring citizenship

2. Bail

C. Naturalization and denaturalization

3. Presumption of innocence

D. Dual citizenship and dual allegiance

4. Right to be heard

E. Lossandre-acquisitionofPhilippinecitizenship

5. Assistance of counsel

F. Natural-born citizens and public office

6. Right to be informed

IX. Law on Public Officers

A. General principles

X. Administrative Law

B. Modes of acquiring title to public office

A. General principles

C. Modes and kinds of appointment

B. Administrative agencies

D. Eligibility and qualification requirements

1. Definition

E. Disabilities and inhibitions of public officers F.

Powers and duties of public officers

2. Manner of creation

G. Rights of public officers

H. Liabilities of public officers
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The Civil Service
1. Scope

3. Kinds
C. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
a) Kinds of administrative rules and regulations
b) Requisites for validity
2. Quasi-judicial (adjudicatory) power
a) Administrative due process
b) Administrative appeal and review
c) Administrative res judicata

2. Appointments to the civil service

3. Fact-finding, investigative, licensing and rate-fixing

powers

3. Personnel actions

D. Judicial recourse and review

M. Accountability of public officers

1. Doctrine of primary administrative jurisdiction

1. Impeachment

2. Doctrine of exhaustion of administrative remedies

2. Ombudsman (Sections 5 to 14, Article XI of the

1987 Constitution, in relation to R.A. No. 6770, or
otherwise known as The Ombudsman Act of 1989.)

3. Doctrine of finality of administrative action

a) Functions
b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits

XI. Election Law

A. Suffrage
B. Qualification and disqualification of voters
C. Registration of voters
D. Inclusion and exclusion proceedings
E. Political parties
1. Jurisdiction of the COMELEC over political parties

2. Registration

6. Quo warranto

F. Candidacy

J. Prosecution of election offenses

1. Qualifications of candidates

XII. Local Governments

2. Filing of certificates of candidacy

A. Public corporations

a) Effect of filing

1. Concept

b) Substitution of candidates

a) Distinguished from government-owned or controlled

corporations

c) Ministerial duty of COMELEC to receive certificate

2. Classifications
d) Nuisance candidates
a) Quasi-corporations
e) Petition to deny or cancel certificates of candidacy
b) Municipal corporations
f) Effect of disqualification
B. Municipal corporations
g) Withdrawal of candidates
1. Elements
G. Campaign
2. Nature and functions
1. Premature campaigning
2. Prohibited contributions

3. Requisites for creation, conversion, division, merger

or dissolution

3. Lawful and prohibited election propaganda

C. Principles of local autonomy

4. Limitations on expenses

D. Powers of local government units (LGUs)

5. Statement of contributions and expenses

1. Police power (general welfare clause)

H. Board of
Canvassers

Election

Inspectors

and

Board

of

2. Eminent domain
3. Taxing power

1. Composition
4. Closure and opening of roads
2. Powers
5. Legislative power
I. Remedies and jurisdiction in election law
a) Requisites for valid ordinance
1. Petition not to give due course to or cancel a
certificate of candidacy

b) Local initiative and referendum

2. Petition for disqualification

6. Corporate powers

3. Petition to declare failure of elections

a) To sue and be sued

4. Pre-proclamation controversy

b) To acquire and sell property

5. Election protest

c) To enter into contracts

(i) Requisites

H. Monopolies,
competition

restraint

of

trade

and

unfair

(ii) Ultra vires contracts

XIV. Social Justice and Human Rights

7. Liability of LGUs
A. Concept of social justice
8. Settlement of boundary disputes
B. Commission on Human Rights
9. Succession of elective officials
10. Discipline of local officials
a) Elective officials
(i) Grounds
(ii) Jurisdiction
(iii) Preventive suspension
(iv) Removal
(v) Administrative appeal
(vi) Doctrine of condonation
b) Appointive officials
11. Recall
12. Term limits

XIII. National Economy and Patrimony

A. Regalian doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development and utilization of natural
resources
D. Franchises, authority and certificates for public
utilities
E. Acquisition, ownership and transfer of public and
private lands
F. Practice of professions
G. Organization and regulation of corporations, private
and public

XV. Education, Science, Technology, Arts,

Culture and Sports
A. Academic freedom

XVI. Public International Law

A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Concept of ex aequo et bono
B. International and national law
C. Sources
D. Subjects
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law
F. Treaties
G. Nationality and statelessness
1. Vienna Convention on the Law of Treaties
H. State responsibility
1. Doctrine of state responsibility
I. Jurisdiction of States
1. Territoriality principle

2. Nationality principle and statelessness

M. Law of the sea

3. Protective principle

1. Baselines

4. Universality principle

2. Archipelagic states

5. Passive personality principle

a) Straight archipelagic baselines

6. Conflicts of jurisdiction

b) Archipelagic waters

J. Treatment of aliens

c) Archipelagic sea lanes passage

1. Extradition

3. Internal waters

a) Fundamental principles

4. Territorial sea

b) Procedure

5. Exclusive economic zone

c) Distinguished from deportation

6. Continental shelf

K. International Human Rights Law

a) Extended continental shelf

1. Universal Declaration of Human Rights

7. International Tribunal for the Law of the Sea

2. International Covenant on Civil and Political Rights

N. Madrid Protocol and the Paris Convention for the

Protection of Industrial Property

3. International Covenant on Economic, Social and

Cultural Rights

O. International environmental law

L. International Humanitarian Law and neutrality

1. Principle 21 of the Stockholm Declaration

1. Categories of armed conflicts

P. International economic law

a) International armed conflicts

IMPORTANT NOTES:

b) Internal or non-international armed conflict

1. This listing of covered topics is not intended and

should not be used by the law schools as a course
outline. This was drawn up for the limited purpose of
ensuring that Bar candidates are guided on the
coverage of the 2015 Bar Examinations.

c) War of national liberation

2. Core international obligations
International Humanitarian Law

of

states

3. Principles of International Humanitarian Law

a) Treatment of civilians
b) Prisoners of war
4. Law on neutrality

in

2. All Supreme Court decisions pertinent to a given

Bar subject and its listed topics, and promulgated up
to March 31, 2015 are examinable materials within
the coverage of the 2015 Bar Examinations.