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Generated: 28 August, 2010, 10:21

THE LECTURE ROOM

Posted by Atty.au - 2008/04/15 02:02

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After all the cans of beers had been tossed, the joys and laughters had been shared, and hugs and
kisses had been exchange, I finally found the courage to write an online reviewer as requested by my
loving friends.
Instead of doing an exhaustive review of all the things we learned from law school, this lecture will be
selective, topical and patterned on the bar questions. This is a point per point approach to pass the bar.
We accumulate points by discussing bar topics based on the patterns encrypted in the previous bar
questions. I learned this approach from Atty. Edwin Sandoval (my professor in Political law) and the idea
is to relay the smallest possible information to the barrister which can help answer the widest possible
array of questions.
Every post will surely provide 2-10 points for the bar exams and 40-80% of these posts will be covered
by the 2008 bar. There is no magic in this attempt; just pure statistical treatment and strategy. The
reason for choosing an area will be discussed as we go along with explanation of the topic.
We will commence as soon as I lay my hands on my laptop. (which is not with me right now)
Good luck to 2008 barristers. Good luck to my friends who are preparing heartedly for the September
exam.
Ayus.
basta katarantaduhan... apir!
atty.au
04.15.08
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Political law

Posted by Atty.au - 2008/05/20 23:12

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If the rumors are true (that Atty. Sandoval, will be the bar examiner for political law), then barristers
should not worry much. I'm not saying that we should neglect political law. What I am trying to imply is
that we can expect fair and very good questions on this subject. ( I believe there would be no crazy
question this year).
Political law is divided into six subjects, namely:
1. Political law;
2. Constitutional law;
3. Election law;
4. Law on Public officers;
5. Administrative law; and
6. International law.

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Generated: 28 August, 2010, 10:21

Generally, the bulk of the question falls under Political and Constitutional law. However, in 2007 bar, we
had seen plenty of questions in international law. This is expected because the bar examiner is an
expert in international law. This year (if the rumors are true), we can expect that topic will be equally
distributed among these subjects with a little emphasis on Political and Constitutional law.
Let's begin the points collection.
2-5 points. National territory.
National territory is mentioned under section 1, Article I of 1987 Constitution. (READ YOUR CODAL).
Basically, the national territory has two parts:
1. The Philippine archipelago with all the islands and waters embraced therein; and
2. All other territories over which the Philippines has sovereignty or jurisdiction.
Q. What about Spratly islands, is it part of the Philippine archipelago? If not, is it part of national
territory?
A. It is not part of the Philippine archipelago because it is too far away from three main islands of the
Philippines. Also, history supports this premise. But it is part of our national territory because Philippines
exercise sovereignty (through election of public officials) over some islands of the Spratly.
Q. What are the modes of acquiring territories?
A. The following are the modes of acquiring territories:
1. Discovery and occupation of territory which are terra nullius (land belonging to no one);
2. Cession by Treaty. Examples are the Treaty of Paris, treaty between France and US ceding Louisiana
to the latter and treaty between Russia and US ceding Alaska to the latter;
3. Prescription, which is also a concept under the Civil Code;
4. Conquest or subjugation (conquistadores); and
5.Accretion, another concept in the Civil Code.
We have to correlate this to doctrine of effective occupation. Under this doctrine, the discovery of a terra
nullius is not enough to acquire title to the discovered territory. Before title may be conferred to the
discoverer, the discovery must be followed by effective occupation.
Archipelago Doctrine
Second sentence of Article I is not the archipelago doctrine; it is a restatement of the 1987 Constitution
to our adherence to Archipelago doctrine. These two concepts are different.
Archipelago doctrine under UN Convention on Law of Seas states that it consist of drawing imaginary
baseline connecting the outermost islands of the archipelago in which all waters and islands is
considered as one integrated whole. It emphasizes unity of land and water.
We have to correlate this doctrine to the right of innocent passage, right of arrival under and the UN
Convention on Law of Seas requiring the designation of of archipelagic seaways so that foreign vessels
may pass through an archipelago.
This topic has low probability of being asked but we don't want any surprises in the bar.

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Chow, for now.

Atty.au
Basta katarantaduhan, apir!
05.20.08

Declaration of Principles and Policies (2-5 points)

This topic also has a low probability of being asked in the bar but I want to point out several important
topics under Article of the 1987 Constitution. Please browse these sections on this Article and the
corresponding cases:
1. Section 1, Article II in relation to Section 1 of Article XI- Saura vs. Sindico, GRN L-13403, March 23,
1960;
2. Section 2 Article II in relation to section 23(1), Article VI, Section 18, Article VII, doctrine of
incorporation, - Taada vs. Angara, 272 SCRA 18, May 2, 1997;
3. Section 3, Article II in relation to 1. Section 18, Article VII, 2. Section 6, Article XVI- IBP vs. Zamora,
G.R. No. 141284, Aug. 15, 2000;
4. Section 15 (and Section 16)- Oposa vs. Factoran, GRN 1033, July 30, 1993; and
5. Section 10, Article XII- Manila Prince Hotel vs. GSIS, G.R. No. 122156. February 3, 1997.
If a question will be asked in the bar in this area, these are the corresponding sections that will
provide the answers.
Chow, for now.
Atty.au
Basta katarantaduhan, apir!
06.06.08
Academic Freedom (5pts)
This topic is as sure as the sun will rise in the east. There has been no question for this topic in the past
few years and i'm sure he will not miss to draft a question on this area. (long overdue na daw to!)
Please browse the following articles and cases:
1.Section 5 (2), Article XIV;
2. Garcia vs. Faculty Admission Committee, 68 SCRA 277 - definition of academic freedom according to
Justick Frankfurt;
3. Nom vs. Dames, G.R. No. 89317, May 20, 1990 vis-a-vis PSBA vs. Aguas; and
4. UP Board of Regent vs. CA , GRN 134625, August 31, 1999.
The last one is the most probable case to be asked. It deals with revocation of degrees after graduation.
Bye for now.
Atty.au

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Generated: 28 August, 2010, 10:21

Basta katarantaduhan, apir!

06.07.08
IPRA RA 8371 2 - 5 pts
This topic deserve some attention. We'll never know if he will include it in the exam but this one is
relative new topic related to rights of indigenous people.... please browse this law and pay special
attention on this area:
1. Section 22, Article II , 1987 Constitution
2. Section 5, Article XII, 1987 Constitution
3.Isagani Cruz v. Sec. of DENR, G.R. No. 135385, Dec. 6, 2000, En Banc,
4. distinctions between ancestral domain and ancestral lands;
5.concept of ownership under customary law and concept of native title;
5. Certificate of Ancestral Domain Title compare to ordinary mode of acquisition of title;
6. National Commission for the Indigenous People, powers and function.
Atty.au
Basta katarantaduhan, apir!
06.09.08
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Re:THE LECTURE ROOM

Posted by imb2.0 - 2008/05/30 08:40

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isa kang dakilang nilalalang.pagpalain ang iyong lahi

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Re:THE LECTURE ROOM

Posted by onino - 2008/06/26 16:26

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I doubt if Atty . Sandoval will be the poli law examiner...He is a pre bar reviewer in Arellano law school...
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Re:THE LECTURE ROOM

Posted by ishko - 2009/04/22 15:09

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hello to atty. au aka pink

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Generated: 28 August, 2010, 10:21

Re:THE LECTURE ROOM

Posted by Atty.Piad - 2009/04/25 21:45

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Cheers on that companyeros y companyeras! Spread the law and earn karma points! Leave no man
behind. Lahat tayo dito sama-sama.
B)
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Re:THE LECTURE ROOM

Posted by loyish - 2009/04/26 01:15

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i remember one time nung naglecture si Justice Nachura. he kept on telling that time "IF I WERE THE
EXAMINER, I'll ask this one.."
one of those is the LABO DOCTRINE. please see my political law review notes. i have the Labo doctrine
there. :)
also, watch out for the writ of amparo and habeas data.
aral aral na tayo!
have a good one!
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