POLIREV - REVALIDA QUESTIONS  BASIS of Art I *take note of the dates and what

territories were covered (SEE NACHURA)

 Constitutional provision re: President’s health
(Art. VII, Sec. 11)
 Is Kalayaan group of Islands part of our territory?
 State Policy on Education (Art. II, Sec. 17) How?

 Give at least 3 instances of manifestations of

Republicanism (7 manifestations)  Nachura, p.  Status of our claim to Sabah?
96

 Existence/ election of party-list systems ~Relate  State policy Women (Art II, Sec 16)
to Declaration of Principles and State Policies
 Rule-making powers of Supreme Court (Art VIII,
 State Policy on Education
Sec 5(5))
 State Policy on Health
 Provisions on Checks & Balances
 Right of Citizen to question/ review President’s
declaration of Martial Law & suspension of writ of
habeas corpus (Art. VII, Sec. 18)  Congress revokes prevention of suspension of
writ of habeas corpus & declaration of Martial
 State Policy Family (Art. II, Sec. 12) Law on what grounds? ~Is it function of Congress
or Courts?
 Control Power of President (Art VII, Sec 17)
 Provisions on Initiative and Referendum (Art. VI,
Sec 1 ~Art VI, Sec 32 [General system for
 State Policy Public Office (Art II, Sec 27) initiative & referendum]) ~RA 6735

 Constitutional Powers of Commission on Audit  Provisions on Separation of Power exists (Art VI,
Sec 1; Art VII, Sec 1; Art VIII, Sec 1)
 State Policy Indigenous Cultural communities (Art
II, Sec 22)  Grounds for Impeachment (Art XI, Sec 2)
~ERAP case
~CJ Corona case
 Concurrent Appellate Jurisdiction of SUPREME
COURT
 State Policy on Foreign troops
> VFA entered into between Phil and USA. How
 P10M suit for ejectment for unpaid P10m rentals
did SC rule on this? Why was it validated?
filed in MTC. Issue of ownership of said property
is questioned. MTC dismissed case on ground of
no jurisdiction. Where can you file petition for  State Policy on NEUTRALITY (Art II, Sec 2)
certiorari? > Is the State’s pursuit of an Independent foreign
policy = to State’s neutrality? Accdg to Dean: NO
 State Policy Science (Art II, Sec 17)
>Switzerland is a neutral state what does this
mean?
 Powers & Functions of Civil Service Commission > Is Burma a neutral state? It had a close-door
policy for years
> Is China a neutral state? It also had a close-
 Powers of Electoral Tribunals (Art. VI, Sec 17) door policy for years

 Executive Clemencies (Art VIII, Sec 19)  Art. I National Territory prov

 State Policy Youth (Art II, Sec 13)  Procedure of Bills of Local Application only
 If a President vetoes a bill, what happens? (Art
VI, Sec 27)
 Art VII, Sec 10

 A particular item is vetoed, Will it become a law?

 Incorporation Theory

 How to override President’s veto?

 DISQUALIFICATIONS OF EXECUTIVE
BRANCH (Art VII, Sec 13)
 Effect of President’s inaction in a bill? When shall
it become a law?
 State Policy Civilian Supremacy

 State Policy Family

 HOW PARTY-LIST SYSTEM WORKS under the
Republic Act
 Powers of COMELEC

 State Policy Health

 Exclusive Original Jurisdiction of Supreme Court

 State Policy Foreign Affairs

 Apportionment of Legislative Districts (Art VI, Sec
5(3))
 APPOINTING POWER OF PRESIDENT (Art VII,
Sec 16)
 Exclusive Appellate Jurisdiction of SC

 State Policy Education

 How often are legislative districts fixed? What
parameters
 GENERAL PROVISIONS ON
CONSTITUTIONAL COMMISSIONS (Art IX-A)
 Qualifications of regular members of the Judicial
Bar Council (JBC)?
 How are Const Comm removed from office?

 Power of President to local government agencies

general supervision (Art. X, Sec. 4)  Art. IX-A Sec 7

 Can President suspend a Municipal Mayor /  OVERSIGHT POWERS OF CONGRESS

place Mayor under preventive suspension? Who
has this power?
 “Prohibited Office”

 Extent of power of DILG?

 State Policy Education

 State Policy on Education

 LIMITATIONS ON LEGISLATIVE’S PLENARY
POWERS
 EMERGENCY POWERS OF THE PRESIDENT
(Art VI, Sec 23(2))
 State Policy Family

 State Policy Sec. 27

 RESIDUAL POWER OF THE PRESIDENT

 RULES IN PRESIDENTIAL SUCCESSION

 State Policy Neutrality

 What happens if VP assumes Presidency? What

happens if NO VP?  State Policy Communication
 LIMITATIONS ON LEGISLATIVE PROCESS IN  “simultaneously” OR “successively” read by
APPROPRIATION BILLS (ART VI, Sec 24-25) House? ~bills

 HOW SHOULD A PRESIDENT VETO? (Art VI,  LIMITATIONS ON LEGISLATIVE POWER OF

Sec 27) CONGRESS

 State Policy Religion  Bill of Attainder define. Example?

 LEGISLATIVE PROCESS ON ENACTMENT OF  PEOPLE V. WANSANG ~Bill of Attainder

REVENUE BILLS ~”Anti Subversion Act”
Art VI, Sec 24, 26

 RA 7941 PARTY LIST MECHANISM

 Can the 3 readings of revenue bills be -reqs/ docs needed?
dispensed with? -accreditation
-WHAT SHALL BE ALLEGED IN PETITION?

 Can printed copies in its final form WITH

respect to revenue bills be dispensed with?  HOW CAN A PARTY LIST BE ABLE TO SEND
1 REP TO HOR?

 MILITARY POWER OF PRESIDENT (Art VII,

Sec 18)  INSTANCE WHEN LESS THAN 2% PARTY
LIST STILL GUARANTEED A SEAT?
Procedure
 State Policy Family

 INQUIRY IN AID OF LEGISLATION (Art VI, Sec

 State Policy Education 21)

 State Policy Foreign Policy  Is this inquiry an ABSOLUTE Power of

Congress?
 RESIDUAL POWERS of the President

 Can President COMPEL Executive Officials to

 When can President exercise EMERGENCY seek his consent first before appearing before
POWERS? Art VI, Sec 28 (2 Congress in ~to this inquiry?
--When it is authorized by Congress for a limited
period
 OVERSIGHT POWER OF CONGRESS
 Const prov on Separation of Powers among 3
branches of Govt  EMERGENCY POWERS OF PRESIDENT;
Art VI, Sec 1, Art VII, Sec 1, Art VIII, Sec 1 &2 When given? Examples? What may be delegated
to President?
 LEGISLATIVE PROCESS ON BILLS OF
LOCAL APPLICATION Art VI, Sec 24; Art VI,  CALLING OUT POWER OF PRESIDENT
Sec 26, 27

 State Policy Education

 Effect if President certifies bill as a bill of
local application? Can process be shortened?
 Rules on Succession Presidency

 TOLENTINO V. SEC. OF FINANCE ~reading of

bill done in 1 day  State Policy Incorporation Theory
  Incorporation Theory

 State Policy Education

 EG. “CONCURRENCE OF POWER” IN THE
LEGISLATIVE AND EXECUTIVE BRANCH
 EXECUTIVE CLEMENCIES

 EG. “BLENDING OF POWERS”

 GROUNDS FOR IMPEACHMENT

 EG. “SEPARATION OF POWERS”

 IMPEACHMENT PROCESS
-Who will promulgate rules on impeachment?
 EG. “CHECKS AND BALANCES”

 State Policy on Foreign Troops

 State Policy Family

 POWER OF PRESIDENT TO DEPORT AN

ALIEN  MANIFESTATIONS OF REPUBLICANISM

 Pres Diplomatic Power  Accountability of Public Officers

 PREAMBLE – Purpose?  State Policy Health

 LIMITATION ON LEGISLATIVE PROCESS  APPOINTING POWER OF PRESIDENT Art VI,

APPROPRIATION BILLS Sec 16

 Item Veto  State Policy Civilian Authority

 BENGZON V. DRILON  State Policy Religion

 State Policy Foreign Troops  FORMALITIES OF A STATUTE

 CONCURRENT APPELLATE JURISDICTION  CONCEPT OF ENROLLED BILL + importance

OF SC

 Oath of Office of President

 State Policy Science

 Treaty making power of Pres

 PROCESS ~Health of President
Art VII, Sec 11, 12
 STATE POLICY POSSE COMITATUS

 Const Prov for Initative and Referendum

 ARTICLE I

 Can President in wanting a Parliamentary govt be

do so through Initiative and Referendum?  ARCHIPELAGIC DOCTRINE

 EXAMPLE DELEGATION OF POWERS  BASELINES DOCTRINE

 EMERGENCY POWERS of President. What  State Policy Human Rights

can be delegated?
 LEGISLATIVE INVESTIGATION  POWERS OF PRESIDENT OVER

DEPARTMENTS/BUREAUS
 State Policy Religion
 POWERS OF PRESIDENT OVER LOCAL
 Creation of Legislative Districts GOVT. UNITS

 POWERS OF DILG SECRETARY

 POWER OF PRES TO PLACE LGU UNDER

SEPT 24 RECIT – EXECUTIVE BRANCH
PREVENTIVE SUSPENSION?

 Imelda Marcos case  Define GENERAL SUPERVISION

 Dulce Aquino case  Free Telephone Workers case

 Grace Poe case  SARMIENTO V. MISON

 Marcos v. COMELEC  CJ Corona case

 Qualifications of the President  Other Powers of President

 Tecson case  Military power cases

 FPJ case ~nationality  Review on Marcos case

 DISQUALIFICATIONS OF MEMBERS OF  Lansang v. Garcia

EXECUTIVE V. LEGISLATIVE  Aquino v. Ponce Enrile

 Salaries

 DRILON V. EXECUTIVE SECRETARY

FUNDAMENTAL POWERS OF THE STATE & BILL
 PRIVILEGES OF HEAD OF STATE
OF RIGHTS
 Who determines national security matters?  Are the 3 powers governed by the same
limitations?
 Why is the President considered the Head of the

State?  What are the LIMITATIONS OF EACH POWER?

 MARCOS V. MANGLAPUS
 What are the objects in government’s exercise of
 RESIDUAL POWER police power? Eminent Domain? Taxation?

 GRADUATED POWER
 What is DUE PROCESS
 DAVID V. ARROYO

 Is the calling out power of Pres a constitutional or  PROCEDURAL DUE PROCESS? REQS

justiciable question
 SUBSTANTIVE DUE PROCESS? REQS
 Head of State in PARLIAMENTARY GOVT
 ADMINISTRATIVE DUE PROCESS? REQS
 Head of State in PRESIDENTIAL GOVT

 CRIMINAL DUE PROCESS? REQS

 What is POLICE POWER?  ANG TIBAY V. CIR
“opportunity to be heard” as a right

 LIMITATIONS IN EXERCISE OF POLICE  Provisions on ECONOMIC EQUALITY

POWER Art III, Sec 1
a. Lawful subject Art II, Sec 14
b. Lawful means Art XIII, Sec 1-3 Social Justice
C. When exercised by delegate
1. Must be an express grant by law  Provisions on POLITICACL EQUALITY
2. Within territorial limits if applicable Art IX-C, Sec 10
3. Must not be contrary to law Art III, Sec 11
Art XIII, Sec 13
 Proper exercise of Police Power
1. The interests of the public generally, as  Provisions on SOCIAL EQUALITY
distinguished from those of a particular class, Art XIII, Sec 1
require the interference by the State

2. The means employed are reasonably  ART. III - BILL OF RIGHTS divided into 3 parts
necessary for the attainment of the object sought I. Reqs of FAIR PROCEDURE
and not unduly oppressive upon individuals II. RIGHTS OF THE ACCUSED
III. ____

 ERMITA MALATE HOTEL V. CITY OF MANILA

-hotels & motels’ clients were required by the City  I. A. ARRESTS, SEARCHES, SEIZURES
Council to list down their personal circumstances -NOTE REQS AND EXCEPTIONS
upon checking-in. Hotel & Motel were required to
pay license fees
--This case was overruled by what case?  Conditions for issuance of search warrants?

 What is the POWER OF EMINENT DOMAIN?

REQS  STONEHILL V. DIOKNO

 What is the concept of TAKING in the  When is warrantless arrest valid?

Constitutional sense?
 What is more stringent to issue –warrant of arrest
 US V. COSBY OR search warrant?

 HOW DO YOU FIX JUST COMPENSATION?  EXCLUSIONARY RULE – when applicable?

 EPZA V. DULAY  Can there be a civil action for damages in case of

violation of process of issuance of warrant?

 LIMITATIONS TO THE GOVT’S EXERCISE OF

POWER OF EMINENT DOMAIN?  I.B.RIGHTS OF PERSONS UNDER
-must be for public purpose + just compensation CUSTODIAL INVESTIGATION (SEC 12)
- Miranda v. Arizona “MIRANDA RIGHTS”

 WHY is payment of just compensation required in

the exercise of eminent domain BUT NOT in the  When does Custodial Investigation Phase begin?
exercise of police power?
 Does the exclusionary rule apply?
- There is NO appropriation for public use, in
general because nobody else acquires the
use of the property or any interest therein  I.C. RIGHT TO BAIL – When is it a matter of
right or matter of discretion in court?

 PHIL PRESS INSTITUTE V. COMELEC  What are the standards for facing bail?
  LIMITS ON RIGHT TO ASSOCIATE

 Is a person subject of EXTRADITION subject to

right of bail?  LIBEL V. FREEDOM OF SPEECH/
EXPRESSION

 RIGHTS OF ACCUSED (MEMORIZE!)

 NATIONAL SECURITY V. FREEDOM OF
SPEECH/ EXPRESSION
 Which rights of accused cannot be waived?
Which can be waived?
 ADMINISTRATION OF JUSTICE V. FOE

 Instances when accused required to be present:

1. Arraignment  Can FREEDOM OF INFORMATION be
2. Identified suppressed?
3. Judgment promulgated

 Criticism against corrupt public officials v.

 In What transactions, in what proceedings may Freedom of Speech/ Expression
RIGHT AGAINST SELF-INCRIMINATION be
applicable?
 Can radio broadcasts be restricted?

 RIGHT TO PRIVACY – is it express of implied in

the Bill of rights?  FREEDOM OF ASSEMBLY GOVERNED BY:
1. Content-based restrictions
2. Purpose Test
 What kinds of punishment are allowed to be
imposed against – excessive fines; evil/
degrading; involuntary servitude; imprisonment  PRIMECIAS V. FUGOSO
for non-payment of debts; ex post fact; bill of
attainder; double jeopardy;
 HERMAN V. BARANGAN

 for writ of habeas corpus correlate with

President’s power on suspension of writ  RECALIBRATED RESPONSE

 NAVARRO V. VILLEGAS
 FREEDOM OF EXPRESSION
FREEDOM OF RELIGION
 IGNACIO V. ELLA
-Free exercise
-NON-ESTABLISHMENT CLAUSE
 JBL REYES V. BAGATSING
 CONTENT-BASED RESTRICTIONS; TESTS
1. DANGEROUS TENDENCY TEST  GONZALES V. MARIA KALAW KATIGBAK
2. CLEAR AND PRESENT DANGER TEST -Freedom of Association
3. GRAVE BUT IMPROBABLY TEST
4. DIRECT INCITEMENT TEST
5. BALANCING OF INTEREST TEST

 What happens to the rights in case of

declaration of MARTIAL LAW?

 Intellectual Property v. Immorality

~Freedom of expression

 Prohibitions on art v. freedom of expression