Professional Documents
Culture Documents
Syllabus For 2011 Bar Examinations
Syllabus For 2011 Bar Examinations
LABOR LAW
A. FUNDAMENTAL PRINCIPLES AND POLICIES
1. Constitutional Provisions
a. Art II, Secs. 9, 10, 11, 13, 14, 18, 20.
b. Art III, Secs. 1, 4, 8.
c. Art. XIII, Secs. 1, 2, 3, 14.
2. New Civil Code
a. Article 1700
3. Labor Code
a. Article 3
b. Article 211
c. Article 212
d. Article 255
B. RECRUITMENT AND PLACEMENT
1. Recruitment of Local and Migrant Workers
a. Recruitment and placement; defined
b. Illegal Recruitment, Art. 38 (Local), Sec. 6, Migrant
Workers Act, RA 8042
(a) License vs. Authority
(b) Essential elements of illegal recruitment
(c) Simple illegal recruitment
(d) Illegal recruitment in large scale
(e) Illegal recruitment as economic sabotage
(f) Illegal Recruitment vs. Estafa
(g) Liabilities
(a) local employment agency
(b) foreign employer
i. Theory of imputed knowledge
(h) Pretermination of contract of migrant worker
c. Direct hiring
2. Regulation and Enforcement
a. Remittance of foreign exchange earnings
b. Prohibited activities
c. Regulatory and visitorial powers of the Labor Secretary
d. Penalties for illegal recruitment
C. LABOR STANDARDS
1. Hours of Work
a. Coverage/Exclusions
b. Normal Hours of Work
(a) Exceptions
(a) Health Personnel
(b) Compressed Work Week
d. Work interruption due to brownouts
e. Meal Break
f. Idle time, waiting time, commuting time, travel
time, whether part of hours of work or not
g. Overtime work
(a) Undertime not offset by overtime
(b) Waiver of overtime pay
h. Night Work
i. CBA provision vis-à-vis overtime work
2. Wages
a. “No work no pay” principle
b. Coverage/Exclusions
c. Facilities vs supplements
d. Wages vs. salaries
e. Wage distortion
f. CBA vis-à-vis Wage Orders – CBA creditability
g. Non-diminution of benefits
h. Worker’s preference in case of bankruptcy
i. Labor Code provisions for wage protection
j. Allowable deductions without employee’s consent
k. Attorney’s fees and union service fee in labor cases
l. Criteria/Factors for Wage Setting
3. Rest Day
a. Right to weekly rest day
b. Preference of the employee
c. When work on rest day authorized
4. Holidays
a. Right to holiday pay
(1) In case of absences
(2) In case of temporary cessation of work
(3) Of teachers, piece workers, seafarers,
seasonal workers, etc.
b. Exclusions from coverage
5. Leaves
a. Service Incentive Leave Pay
(1) Right to service incentive leave
(2) Exclusions from coverage
(3) Commutable nature of benefit
b. Maternity Leave
(1) Coverage
(2) Conditions to entitlement
(3) Availment
c. Paternity Leave
(1) Coverage
(2) Conditions to entitlement
(3) Availment
d. Parental Leave
(1) Coverage
(2) Conditions to entitlement
(3) Availment
e. Leaves for victims of violence against women
(1) Coverage
(2) Conditions to entitlement
(3) Availment
6. Service Charges
a. Coverage
b. Exclusion
c. Distribution
d. Integration
7. Thirteenth (13th) Month Pay and other bonuses
Coverage
Exclusion/Exemptions from coverage
Nature of 13th month pay
Commissions vis-à-vis 13th month pay
CBA vis-à-vis 13th month pay
8. Women Workers
a. Discrimination (Art. 135, LC)
b. Stipulation against marriage (Art. 136, LC)
c. Prohibited Acts (Art. 137, LC)
d. Classification of certain women workers (Art. 138, LC)
e. Anti-Sexual Harassment Act (RA 7877)
9. Minor Workers (RA 7678, RA 9231)
a. Regulation of working hours of a child
b. Employment of the child in public entertainment
c. Prohibition of employing minors in certain undertakings
and in certain advertisements
10. Employment of Househelpers
a. Definition
b. Benefits accorded househelpers
c. Termination
d. Reliefs for unjust termination
11. Employment of Homeworkers
a. Definition
b. Rights and benefits accorded homeworkers
c. Conditions for deduction from homewoker’s earnings
12. Apprentices and Learners
a. Distinctions between Learnership and Apprenticeship
13. Handicapped Workers (RA 7277)
a. Definition of “handicapped workers”
b. Rights of disabled workers
c. Prohibitions on discrimination against disable persons
d. Incentives for employers
D. TERMINATION OF EMPLOYMENT
1. Employer-Employee Relationship
a. Four-fold Test
b. Probationary Employment
c. Kinds of Employment
(1) Regular employment
(a) Reasonable connection rule
(2) Project employment
(a) Indicators of project employment
(3) Seasonal employment
(4) Casual employment
(5) Fixed term employment
(a) Requisites for validity
d. Job contracting and Labor-only contracting
(1) When is there “job contracting”?
(2) When is there “labor-only contracting”?
(3) Conditions that must concur in legitimate job
contracting
(4) Effects of finding that there is labor-only contracting
2. Termination of Employment
a. Substantive Due Process
(a) Just Causes
(a) Serious misconduct or willful disobedience
i. Requisites
(b) Gross and habitual neglect of duties
i. Requisites
(c) Fraud or willful breach of trust (loss of trust
and confidence)
i. Requisites
(d) Abandonment of employment; Elements
that must concur
(e) Termination of employment pursuant
to a Union Security Clause
(f) Totality of infractions doctrine
(b) Authorized Causes
(a) Redundancy, Retrenchment and Closure
i. Procedural steps required
ii. Requirements for valid
retrenchment/redundancy
iii. Criteria in selecting employees for dismissal
iv. Standards to be followed
(b) Disease or illness
i. Requisites
b. Procedural Due Process
(1) Procedure to be observed in termination cases
(2) Guiding Principles in connection
with the hearing requirements in dismissal cases
(c) Agabon doctrine
c. Reliefs for illegal dismissal
(1) Reinstatement aspect
(a) Immediately executory
i. Actual reinstatement
ii. Payroll reinstatement
(2) Separation pay in lieu of Reinstatement
(a) Strained Relation rule
(3) Backwages
(a) Components of the amount of backwages
(4) Constructive dismissal
(5) Preventive Suspension
(6) Quitclaims
(7) Termination of employment by employee
3. Retirement Pay Law
a. Coverage
b. Exclusions from coverage
c. Components of retirement pay
d. Retirement pay under RA 7641 vis-à-vis retirement benefits
under SSS and GSIS laws
E. MANAGEMENT PREROGATIVE
1. Discipline
2. Transfer of employees
3. Productivity standard
4. Grant of Bonus
5. Change of working hours
6. Marital discrimination
7. Post-employment ban
8. Limitations in its exercise
F. SOCIAL LEGISLATION
1. SSS Law (RA 8282)
a. Coverage
b. Exclusions from coverage
c. Benefits
d. Beneficiaries
2. GSIS (RA 8291)
a. Coverage
b. Exclusions from coverage
c. Benefits
d. Beneficiaries
3. Limited Portability Law (RA 7699)
4. Employee’s Compensation – Coverage and when
compensable
G. LABOR RELATIONS LAW
1. Right to Self-organization
a. Who may unionize for purposes of collective bargaining
(1) Who cannot form, join or assist labor organizations
(2) Executive Order No. 180
b. Bargaining unit
(1) Test to determine the constituency
of an appropriate bargaining unit
(2) Voluntary Recognition
(a) Requirements
(3) Certification election
(a) In an unorganized establishment
(b) In an organized establishment
(c) Rules prohibiting the filing of petition
for certification election
(d) Requirements for validity of certification election
(e) Protests and other questions arising
from conduct of certification election
(4) Run-off election
(a) Requirements
(5) Re-run election
(6) Consent election
(7) Affiliation and disaffiliation of the local union
from the mother union
(a) Substitutionary doctrine
(8) Union dues and special assessments
(a) Requirements for validity
(9) Agency fees
(a) Requisites for assessment
2. Right to Collective Bargaining
a. Duty to bargain collectively
(1) Kiok Loy ruling
b. Mandatory provisions of CBA
(1) Grievance Procedure
(2) Voluntary Arbitration
(3) No Strike-No Lockout Clause
(4) Labor Management Council
c. ULP in Collective Bargaining
(1) Bargaining in bad faith
(2) Refusal to bargain
(3) Individual bargaining
(4) Blue sky bargaining
(5) Surface bargaining
d. Unfair Labor Practice
(1) ULP of Employers
(2) ULP of Labor Organizations
3. Right to Peaceful Concerted Activities
a. Forms of Concerted Activities
b. Who may declare a strike or lockout?
c. Requisites for a valid strike
d. Requisites for a valid lockout
e. Requisites for lawful picketing
f. Assumption of jurisdiction by the Secretary of Labor
or Certification of the Labor dispute to the NLRC
for compulsory arbitration
g. Nature of Assumption Order or Certification Order
h. Effect of defiance of Assumption or Certification Orders
i. Illegal Strike
(1) Liability of officers of the unions
(2) Liability of ordinary workers
(3) Waiver of illegality of strike
j. Injunctions
(1) Requisites for Labor Injunctions
(2) “Innocent Bystander Rule”
H. PROCEDURE AND JURISDICTION
1. Labor Arbiter
a. Jurisdiction
b. Effect of self-executing order of reinstatement on backwages
c. Requirements to perfect appeal to NLRC
2. National Labor Relations Commission (NLRC)
a. Jurisdictions
b. Effect of NLRC reversal of Labor Arbiter’s order
of reinstatement
c. Requirements to perfect appeal to Court of Appeals
3. Bureau of Labor Relations (BLR) – Med Arbiters
a. Jurisdiction (Original and Appellate)
4. National Conciliation and Mediation Board (NCMB)
a. Conciliation vs. Mediation
b. Preventive Mediation
5. DOLE Regional Directors
a. Small money claims
6. DOLE Secretary
a. Visitorial and Enforcement Powers
b. Power to suspend effects of termination
7. Voluntary Arbitrators
a. Submission Agreement
b. Rule 43, Rules of Court
8. Court of Appeals
a. Rule 65, Rules of Court
9. Supreme Court
a. Rule 45, Rules of Court
10. Prescription of Actions
a. Money claims
b. Illegal dismissal
c. Unfair labor practice
d. Offenses penalized by the Labor Code and IRR
issued pursuant thereto
-1-
SYLLABUS FOR 2011 BAR EXAMINATIONS
POLITICAL LAW
A. The Constitution
1. Definition, Nature and Concepts
2. Parts
3. Amendments and Revisions
4. Self-Executing and Non-Self-Executing Provisions
5. General Provisions
B. General Considerations
1. National Territory
a. Archipelagic Doctrine
2. State Immunity
3. Principles and Policies
4. Separation of Powers
5. Checks and Balances
6. Delegation of Powers
7. Forms of Government
C. Legislative Department
1. Who May Exercise Legislative Power
a. Initiative and Referendum
2. Houses of Congress
a. Senate
b. House of Representatives
(1) District Representatives and Questions of Apportionment
(2) Party-List System
3. Legislative Privileges, Inhibitions and Disqualifications
4. Quorum and Voting Majorities
5. Discipline of Members
6. Electoral Tribunals and the Commission on Appointments
a. Nature
b. Powers
7. Powers of Congress
a. Legislative
(1) Legislative Inquiries and the Oversight Functions
(2) Bicameral Conference Committee
(3) Limitations on Legislative Power
(a) Limitations on Revenue, Appropriations and Tariff Measures
(b) Presidential Veto and Congressional Override
b. Non-Legislative
(1) Informing Function
D. Executive Department
1. Privileges, Inhibitions and Disqualifications
a. Presidential Immunity
b. Presidential Privilege
2. Powers
a. Executive and Administrative Powers in General
b. Power of Appointment
(1) In General
(2) Commission on Appointments Confirmation
(3) Midnight Appointments
(4) Power of Removal
c. Power of Control and Supervision
(1) Doctrine of Qualified Political Agency
(2) Executive Departments and Offices
(3) Local Government Units
d. Military Powers
e. Pardoning Power
(1) Nature and Limitations
(2) Forms of Executive Clemency
f. Diplomatic Power
g. Residual Powers
E. Judicial Department
1. Concepts
a. Judicial Power
b. Judicial Review
(1) Operative Fact Doctrine
(2) Moot Questions
(3) Political Question Doctrine
2. Judicial Independence Safeguards
3. Judicial Restraint
4. Appointments to the Judiciary
5. Supreme Court
a. En Banc and Division Cases
b. Procedural Rule Making
c. Administrative Supervision Over Lower Courts
F. Constitutional Commissions
1. Institutional Independence Safeguards
2. Powers and Functions
3. Judicial Review
a. Quasi-Judicial Functions
b. Administrative
G. Bill of Rights
1. Fundamental Powers of the State
a. Concept and Application
b. Requisites for Valid Exercise
c. Similarities and Differences
d. Delegation
2. Private Acts and the Bill of Rights
3. Due Process
a. Relativity of Due Process
b. Procedural and Substantive Due Process
c. Constitutional and Statutory Due Process
d. Hierarchy of Rights
e. Judicial Standards of Review
f. Void-for-Vagueness Doctrine
4. Equal Protection
a. Concept
b. Requisites for Valid Classification
5. Searches and Seizures
a. Concept
b. Warrant Requirement
(1) Requisites
c. Warrantless Searches
d. Warrantless Arrests
e. Administrative Arrests
f. Drug, Alcohol and Blood Tests
6. Privacy of Communications and Correspondence
a. Private and Public Communications
b. Writ of Habeas Data
7. Freedom of Expression
a. Concept and Scope
(1) Prior Restraint (Censorship)
(2) Subsequent Punishment
b. Content-Based and Content-Neutral Regulations
c. Facial Challenges and the Overbreadth Doctrine
d. Tests
e. State Regulation of Different Types of Mass Media
f. Commercial Speech
g. Private v. Government Speech
h. Heckler’s Veto
8. Freedom of Religion
a. Non-Establishment Clause
b. Free Exercise Clause
9. Liberty of Abode and Freedom of Movement
a. Limitations
b. Return to One’s County
10. Right to Information
a. Limitations
b. Publication of Laws and Regulations
c. Access to Court Records
d. Right to Information Relative to
(1) Government Contract Negotiations
(2) Diplomatic Negotiations
11. Right of Association
12. Eminent Domain
a. Concept
b. Expansive Concept of “Public Use”
c. Just Compensation
(1) Determination
(2) Effect of Delay
d. Abandonment of Intended Use and Right of Repurchase
e. Miscellaneous Application
13. Contract Clause
a. Contemporary Application of the Contract Clause
14. Legal Assistance and Free Access to Courts
15. Rights of Suspects
a. Availability
b. Requisites
c. Waiver
16. Rights of the Accused
a. Criminal Due Process
b. Bail
c. Presumption of Innocence
d. Right to be Heard
e. Assistance of Counsel
f. Right to be Informed
g. Right to Speedy, Impartial and Public Trial
h. Right of Confrontation
i. Compulsory Process
j. Trials In Absentia
17. Writ of Habeas Corpus
a. Writ of Amparo
18. Self-Incrimination Clause
a. Scope and Coverage
(1) Foreign Laws
b. Application
c. Immunity Statutes
19. Involuntary Servitude and Political Prisoners
20. Excessive Fines and Cruel and Inhuman Punishments
21. Non-Imprisonment for Debts
22. Double Jeopardy
a. Requisites
b. Motions for Reconsideration and Appeals
c. Dismissal with Consent of Accused
23. Ex Post Facto Laws and Bills of Attainder
H. Citizenship
1. Natural-Born Citizens and Public Office
2. Naturalization and Denaturalization
3. Loss of Citizenship
4. Repatriation
I. Law on Public Officers
1. General Principles
2. Modes of Acquiring Title to Public Office
3. Modes and Kinds of Appointment
4. Eligibility and Qualification Requirements
5. Disabilities and Inhibitions of Public Officers
6. Powers and Duties of Public Officers
7. Rights of Public Officers
8. Liabilities of Public Officers
a. Preventive Suspension and Back Salaries
b. Illegal Dismissal, Reinstatement and Back Salaries
9. Immunity of Public Officers
10. De Facto Officers
11. Termination of Official Relation
12. The Civil Service
a. Scope
b. Appointments to the Civil Service
c. Personnel Actions
13. Accountability of Public Officers
a. Impeachment
b. Ombudsman
(1) Judicial Review in Administrative Proceedings
(2) Judicial Review in Penal Proceedings
c. Sandiganbayan
d. Ill-Gotten Wealth
14. Term Limits
J. Administrative Law
1. General Principles
2. Administrative Agencies
3. Powers of Administrative Agencies
a. Quasi-Legislative (Rule Making) Power
(1) Kinds of Administrative Rules and Regulations
(2) Requisites for Validity
b. Quasi-Judicial (Adjudicatory) Power
(1) Administrative Due Process
(2) Administrative Appeal and Review
(3) Administrative Res Judicata
c. Fact-Finding, Investigative, Licensing and Rate-Fixing Powers
4. Judicial Recourse and Review
a. Doctrine of Primary Administrative Jurisdiction
b. Doctrine of Exhaustion of Administrative Remedies
c. Doctrine of Finality of Administrative Action
K. Election Law
1. Suffrage
2. Qualification and Disqualification of Voters
3. Registration of Voters
4. Inclusion and Exclusion Proceedings
5. Political Parties
6. Candidacy
a. Qualifications of Candidates
b. Filing of Certificates of Candidacy
(1) Effect of Filing
(2) Substitution of Candidates
(3) Nuisance Candidates
(4) Petition to Deny or Cancel Certificates of Candidacy
(5) Effect of Disqualification
(6) Withdrawal of Candidates
7. Campaign
a. Premature Campaigning
b. Prohibited Contributions
8. Board of Canvassers
9. Remedies and Jurisdiction in Election Law
a. Petition Not to Give Due Course to Certificate of Candidacy
b. Petition to Declare Failure of Elections
c. Pre-Proclamation Controversy
d. Election Protest
e. Quo Warranto
10. Prosecution of Election Offenses
L. Local Governments
1. Public Corporations
a. Concept
(1) Distinguished from Government-Owned or Controlled Corporations
(GOCCs)
b. Classifications
(1) Quasi-Corporations
(2) Municipal Corporations
2. Municipal Corporations
a. Elements
b. Nature and Functions
c. Requisites for Creation, Conversion, Division, Merger or Dissolution
3. Principles of Local Autonomy
4. Powers of Local Government Units (LGUs)
a. Police Power (General Welfare Clause)
b. Eminent Domain
c. Taxing Power
d. Closure and Opening of Roads
e. Legislative Power
(1) Requisites for Valid Ordinance
(2) Local Initiative and Referendum
f. Corporate Powers
(1) To Sue and Be Sued
(2) To Acquire and Sell Property
(3) To Enter Into Contracts
(a) Requisites
(b) Ultra Vires Contracts
g. Liability of LGUs
h. Settlement of Boundary Disputes
i. Succession of Elective Officials
j. Discipline of Local Officials
(1) Elective Officials
(a) Grounds
(b) Jurisdiction
(c) Preventive Suspension
(d) Removal
(e) Administrative Appeal
(f) Doctrine of Condonation
(2) Appointive Officials
k. Recall
l. Term Limits
M. National Economy and Patrimony
1. Regalian Doctrine
2. Nationalist and Citizenship Requirement Provisions
3. Exploration, Development and Utilization of Natural Resources
4. Franchises, Authority and Certificates for Public Utilities
5. Acquisition, Ownership and Transfer of Public and Private Lands
6. Practice of Professions
7. Organization and Regulation of Corporations, Private and Public
8. Monopolies, Restraint of Trade and Unfair Competition
N. Social Justice and Human Rights
1. Concept of Social Justice
2. Commission on Human Rights
O. Education, Science, Technology, Arts, Culture and Sports
1. Academic Freedom
P. Public International Law
1. Concepts
a. Obligations Erga Omnes
b. Jus Cogens
c. Concept of Aeguo Et Bono
2. International and National Law
3. Sources
4. Subjects
a. States
b. International Organizations
c. Individuals
5. Diplomatic and Consular Law
6. Treaties
7. Nationality and Statelessness
8. Treatment of Aliens
a. Extradition
(1) Fundamental Principles
(2) Procedure
(3) Distinguished from Deportation
9. International Human Rights Law
a. Universal Declaration of Human Rights
b. International Covenant on Civil and Political Rights (ICCPR)
c. International Covenant on Economic, Social and Cultural Rights (ICESCR)
10. International Humanitarian Law (IHL) and Neutrality
a. Categories of Armed Conflicts
(1) International Armed Conflicts
(2) Internal or Non-International Armed Conflict
(3) War of National Liberation
b. Core International Obligations of States in IHL
c. Principles of IHL
(1) Treatment of Civilians
(2) Prisoners of War
d. Law on Neutrality
11. Law of the Sea
a. Baselines
b. Archipelagic States
(1) Straight Archipelagic Baselines
(2) Archipelagic Waters
(3) Archipelagic Sea Lanes Passage
c. Internal Waters
d. Territorial Sea
e. Exclusive Economic Zone
f. Continental Shelf
(1) Extended Continental Shelf
g. Tribunal of the Law of the Sea
12. International Environment Law
a. Principle 21 of Stockholm Declaration
IMPORTANT NOTE: This bar coverage description is not intended and
should
not be used by law schools as a syllabus or course outline in the covered
subjects.
It has been drawn up for the limited purpose of ensuring that candidates
reviewing
for the bar examinations are guided on what basic and minimum amounts of
laws,
doctrines, and principles they need to know and be able to use correctly
before they
can be licensed to practice law. More is required for excellent and
distinguished
work as members of the Bar.
1
2011 BAR COVERAGE FOR TAXATION
I. General Principles of Taxation
A. Definition and Concept of Taxation
B. Nature of Taxation
C. Characteristics of Taxation
D. Power of Taxation Compared With Other Powers
1. Police Power
2. Power of Eminent Domain
E. Purpose of Taxation
1. Revenue-raising
2. Non-revenue/special or regulatory
F. Principles of Sound Tax System
1. Fiscal Adequacy
2. Administrative Feasibility
3. Theoretical Justice
G. Theory and Basis of Taxation
1. Lifeblood Theory
2. Necessity Theory
3. Benefits-Protection Theory (Symbiotic Relationship)
4. Jurisdiction over subject and objects
H. Doctrines in Taxation
1. Prospectivity of tax laws
2. Imprescriptibility
3. Double taxation
a. Strict sense
b. Broad sense
c. Constitutionality of double taxation
d. Modes of eliminating double taxation
4. Escape from taxation
a. Shifting of tax burden
1) Ways of shifting the tax burden
2) Taxes that can be shifted
3) Meaning of impact and incidence of taxation
b. Tax avoidance
c. Tax evasion
5. Exemption from taxation
2
a. Meaning of exemption from taxation
b. Nature of tax exemption
c. Kinds of tax exemption
1) Express
2) Implied
3) Contractual
d. Rationale/grounds for exemption
e. Revocation of tax exemption
6. Compensation and Set-off
7. Compromise
8. Tax amnesty
a. Definition
b. Distinguished from tax exemption
9. Construction and Interpretation of:
a. Tax laws
1) General Rule
2) Exception
b. Tax exemption and exclusion
1) General Rule
2) Exception
c. Tax rules and regulations
1) General rule only
d. Penal provisions of tax laws
e. Non-retroactive application to taxpayers
1) Exceptions
I. Scope and Limitation of Taxation
1. Inherent Limitations
a. Public Purpose
b. Inherently Legislative
1) General Rule
2) Exceptions
a) Delegation to local governments
b) Delegation to the President
c) Delegation to administrative agencies
c. Territorial
1) Situs of Taxation
a) Meaning
b) Situs of Income Tax
1) From sources within the Philippines
2) From sources without the Philippines
3) Income partly within and partly without the
Philippines
c) Situs of Property Taxes
(1) Taxes on Real Property
3
(2) Taxes on Personal Property
d) Situs of Excise Tax
(1) Estate Tax
(2) Donor’s Tax
e) Situs of Business Tax
(1) Sale of Real Property
(2) Sale of Personal Property
(3) VAT
d. International Comity
e. Exemption of Government Entities, Agencies, and
Instrumentalities
2. Constitutional Limitations
a. Provisions Directly Affecting Taxation
1) Prohibition against imprisonment for non-payment of poll
tax
2) Uniformity and equality of taxation
3) Grant by Congress of authority to the President to impose
tariff rates
4) Prohibition against taxation of religious, charitable
entities,
and educational entities
5) Prohibition against taxation of non-stock, non-profit
institutions
6) Majority vote of Congress for grant of tax exemption
7) Prohibition on use of tax levied for special purpose
8) President’s veto power on appropriation, revenue, tariff
bills
9) Non-impairment of jurisdiction of the Supreme Court
10) Grant of power to the local government units to create
its
own sources of revenue
11) Flexible tariff clause
12) Exemption from real property taxes
13) No appropriation or use of public money for religious
purposes
b. Provisions Indirectly Affecting Taxation
1) Due process
2) Equal protection
3) Religious freedom
4) Non-impairment of obligations of contracts
J. Stages of Taxation
1. Levy
2. Assessment and Collection
3. Payment
4. Refund
4
K. Definition, Nature, and Characteristics of Taxes
L. Requisites of a valid tax
M. Tax as distinguished from other forms of exactions
1. Tariff
2. Toll
3. License fee
4. Special assessment
5. Debt
N. Kinds of Taxes
1. As to object
a. Personal, capitation, or poll tax
b. Property tax
c. Privilege tax
2. As to burden or incidence
a. Direct
b. Indirect
3. As to tax rates
a. Specific
b. Ad valorem
c. Mixed
4. As to purposes
a. General or fiscal
b. Special, regulatory, or sumptuary
5. As to scope or authority to impose
a. National – internal revenue taxes
b. Local – real property tax, municipal tax
6. As to graduation
a. Progressive
b. Regressive
c. Proportionate
II. National Internal Revenue Code of 1997 as amended
(NIRC)
A. Income Taxation
1. Income Tax Systems
a. Global Tax System
b. Schedular Tax System
c. Semi-schedular or semi-global tax system
2. Features of the Philippine Income Tax Law
a. Direct tax
b. Progressive
5
c. Comprehensive
d. Semi-schedular or semi-global tax system
3. Criteria in Imposing Philippine Income Tax
a. Citizenship Principle
b. Residence Principle
c. Source Principle
4. Types of Philippine Income Tax
5. Taxable Period
a. Calendar Period
b. Fiscal Period
c. Short Period
6. Kinds of Taxpayers
a. Individual Taxpayers
1) Citizens
a) Resident citizens
b) Non-resident citizens
2) Aliens
a) Resident aliens
b) Non-resident aliens
(1) Engaged in trade or business
(2) Not engaged in trade or business
3) Special Class of Individual Employees
a) Minimum wage earner
b. Corporations
1) Domestic corporations
2) Foreign corporations
(1) Resident foreign corporations
(2) Non-resident foreign corporations
c. Partnerships
d. General Professional Partnerships
e. Estates and Trusts
f. Co-ownerships
7. Income Taxation
a. Definition
b. Nature
c. General principles
8. Income
a. Definition
b. Nature
6
c. When income is taxable
1) Existence of income
2) Realization of income
a) Tests of Realization
b) Actual vis-à-vis Constructive receipt
3) Recognition of income
4) Methods of accounting
a) Cash method vis-à-vis Accrual method
b) Installment payment vis-à-vis Deferred payment vis-àvis
Percentage completion (in long term contracts)
d. Tests in determining whether income is earned for tax
purposes
1) Realization test
2) Claim of right doctrine or Doctrine of ownership,
command, or control
3) Economic benefit test, Doctrine of proprietary interest
4) Severance test
9. Gross Income
a. Definition
b. Concept of income from whatever source derived
c. Gross Income vis-à-vis Net Income vis-à-vis Taxable
Income
d. Classification of Income as to Source
1) Gross income and taxable income from sources within the
Philippines
2) Gross income and taxable income from sources without
the
Philippines
3) Income partly within or partly without the Philippines
d. Sources of income subject to tax
1) Compensation Income
2) Fringe Benefits
a) Special treatment of fringe benefits
b) Definition
c) Taxable and non-taxable fringe benefits
3) Professional Income
4) Income from Business
5) Income from Dealings in Property
a) Types of Properties
(1) Ordinary assets
(2) Capital assets
b) Types of Gains from dealings in property
(1) Ordinary income vis-à-vis Capital gain
(2) Actual gain vis-à-vis Presumed gain
(3) Long term capital gain vis-à-vis Short term capital
gain
7
(4) Net capital gain, Net capital loss
(5) Computation of the amount of gain or loss
(a) Cost or basis of the property sold
(b) Cost or basis of the property exchanged in
corporate readjustment
[1] Merger
[2] Consolidation
[3] Transfer to a controlled corporation (tax-free
exchanges)
(c) Recognition of gain or loss in exchange of
property
[1] General rule
[a] Where no gain or loss shall be recognized
[2] Exceptions
[a] Meaning of merger, consolidation, control
securities
[b] Transfer of a controlled corporation
(6) Income tax treatment of capital loss
(a) Capital loss limitation rule (applicable to both
corporations and individuals)
(b) Net loss carry-over rule (applicable only to
individuals)
(7) Dealings in real property situated in the Philippines
(8) Dealings in shares of stock of Philippine
corporations
(a) Shares listed and traded in the stock exchange
(b) Shares not listed and traded in the stock exchange
(9) Sale of principal residence
6) Passive Investment Income
a) Interest Income
b) Dividend Income
(1) Cash dividend
(2) Stock dividend
(3) Property dividend
(4) Liquidating dividend
c) Royalty Income
d) Rental Income
(1) Lease of personal property
(2) Lease of real property
(3) Tax treatment of
(a) Leasehold improvements by lessee
(b) VAT added to rental/paid by the lessee
(c) Advance rental/long term lease
7) Annuities, Proceeds from life insurance or other types of
insurance
8
8) Prizes and awards
9) Pensions, retirement benefit, or separation pay
10) Income from any source whatever
a) Forgiveness of indebtedness
b) Recovery of accounts previously written off
c) Receipt of tax refunds or credit
d) Income from any source whatever
e. Source rules in determining income from within and
without
1) Interests
2) Dividends
3) Services
4) Rentals
5) Royalties
6) Sale of real property
7) Sale of personal property
8) Shares of stock of domestic corporation
f. Situs of Income Taxation (See page 2 under Inherent
Limitations, Territorial)
g. Exclusions from Gross Income
1) Rationale for the exclusions
2) Taxpayers who may avail of the exclusions
3) Exclusions distinguished from deductions and tax credit
4) Under the Constitution
a) Income derived by the government or its political
subdivisions from the exercise of any essential
governmental function
5) Under the Tax Code
a) Proceeds of life insurance policies
b) Return of premium paid
c) Amounts received under life insurance, endowment or
annuity contracts
d) Value of property acquired by gift, bequest, devise or
descent
e) Amount received through accident or health insurance
f) Income exempt under tax treaty
g) Retirement benefits, pensions, gratuities, etc.
h) Winnings, prizes, and awards, including those in sports
competition
6) Under a Tax Treaty
7) Under Special Laws
h. Deductions from Gross Income
1) General rules
a) Deductions must be paid or incurred in connection with
the taxpayer’s trade, business or profession
9
b) Deductions must be supported by adequate receipts or
invoices (except standard deduction)
2) Return of capital (cost of sales or services)
a) Sale of inventory of goods by manufacturers and dealers
of properties
b) Sale of stock in trade by a real estate dealer and dealer in
securities
c) Sale of services
3) Itemized deductions
a) Expenses
(1) Requisites for deductibility
(a) Nature: Ordinary and necessary
(b) Paid and incurred during taxable year
(2) Salaries, wages and other forms of compensation for
personal services actually rendered, including the
grossed-up monetary value of the fringe benefit
subjected to fringe benefit tax which tax should have
been paid
(3) Traveling/Transportation expenses
(4) Cost of materials
(5) Rentals and/or other payments for use or possession
of property
(6) Repairs and maintenance
(7) Expenses under lease agreements
(8) Expenses for professionals
(9) Entertainment expenses
(10) Political campaign expenses
(11) Training expenses
b) Interest
(1) Requisites for deductibility
(2) Non-deductible interest expense
(3) Interest subject to special rules
(a) Interest paid in advance
(b) Interest periodically amortized
(c) Interest expense incurred to acquire property for
use in trade/business/profession
c) Taxes
(1) Requisites for deductibility
(2) Non-deductible taxes
(3) Treatments of surcharges/interests/fines for
delinquency
(4) Treatment of special assessment
(5) Tax credit vis-à-vis deduction
d) Losses
(1) Requisites for deductibility
10
(2) Other types of losses
(a) Capital losses
(b) Securities becoming worthless
(c) Losses on wash sales of stocks or securities
(d) Wagering losses
(e) NOLCO
e) Bad debts
(1) Requisites for deductibility
f) Depreciation
(1) Requisites for deductibility
(2) Methods of computing depreciation allowance
(a) Straight-line method
(b) Declining-balance method
(c) Sum-of-the-years-digit method
g) Charitable and other contributions
(1) Requisites for deductibility
(2) Amount that may be deducted
h) Contributions to pension trusts
(1) Requisites for deductibility
4) Optional standard deduction
a) Individuals, except non-resident aliens
b) Corporations, except non-resident foreign corporations
5) Personal and additional exemption (Republic Act 9504
Minimum Wage Earner Law)
a) Basic personal exemptions
b) Additional exemptions for taxpayer with dependents
c) Status-at-the-end-of-the-year rule
6) Items not deductible
a) General rules
b) Personal, living or family expenses
c) Amount paid for new buildings or for permanent
improvements (capital expenditures)
d) Amount expended in restoring property (major repairs)
e) Premiums paid on life insurance policy covering life or
any other officer or employee financially interested
f) Interest expense, bad debts, and losses from sales of
property between related parties
g) Losses from sales or exchange or property
h) Non-deductible interest
i) Non –deductible taxes
j) Non-deductible losses
k) Losses from wash sales of stock or securities
i. Exempt Corporations
11
10. Taxation of Resident Citizens, Non-resident Citizens, and
Resident Aliens
a. General rule: Resident citizens – Taxable on income from
all
sources within and without the Philippines
b. Taxation on Compensation Income
1) Inclusions
a) Monetary compensation
(1) Regular salary/wage
(2) Separation pay/retirement benefit not otherwise
exempt
(3) Bonuses, 13th month pay, and other benefits not
exempt
(4) Director’s fees
b) Non-monetary compensation
(1) Fringe benefit not subject tax
2) Exclusions
a) Fringe benefit subject to tax
b) De minimis benefits
c) 13th month pay and other benefits and payments
specifically excluded from taxable compensation income
3) Deductions
a) Personal exemptions and additional exemptions
b) Health and hospitalization insurance
c) Taxation of compensation income of a minimum wage
earner
(1) Definition of Statutory Minimum Wage
(2) Definition of Minimum Wage Earner
(3) Income also subject to tax exemption: holiday pay,
overtime pay, night shift differential, and hazard pay
c. Taxation of Business Income/Income from Practice of
Profession
d. Taxation of Passive Income
1) Passive income subject to final tax
a) Interest income
b) Royalties
c) Dividends from domestic corporation
d) Prizes and other winnings
2) Passive income not subject to final tax
e. Taxation of capital gains
1) Income from sale of shares of stock of a Philippine
corporation
a) Shares traded and listed in the stock exchange
b) Shares not listed and traded in the stock exchange
2) Income from the sale of real property situated in the
Philippines
12
3) Income from the sale, exchange, or other disposition of
other capital assets
11. Taxation of Non-resident Aliens Engaged in Trade or
Business
a. General rules
b. Cash and/or property dividends
c. Capital gains
12. Exclude Non-resident Aliens Not Engaged in Trade or
Business
13. Individual Taxpayers Exempt from Income Tax
a. Senior citizens
b. Exemptions granted under international agreements
14. Taxation of Domestic Corporations
a. Tax payable
1) Regular tax
2) Minimum corporate income tax (MCIT)
a) Imposition of MCIT
b) Carry forward of excess minimum tax
c) Relief from the MCIT under certain conditions
d) Corporations exempt from the MCIT
e) Applicability of the MCIT where a corporation is
governed both under the regular tax system and a
special income tax system
b. Allowable deductions
1) Itemized deductions
2) Optional standard deduction
c. Taxation of Passive Income
1) Passive income subject to tax
a) Interest from deposits and yield or any other monetary
benefit from deposit substitutes and from trust funds
and similar arrangements and royalties
b) Capital gains from the sale of shares of stock not traded
in the stock exchange
c) Income derived under the expanded foreign currency
deposit system
d) Intercorporate dividends
e) Capital gains realized from the sale, exchange, or
disposition of lands and/or buildings
2) Passive income not subject to tax
d. Taxation of Capital Gains
1) Income from sale of shares of stock
2) Income from the sale of real property situated in the
Philippine
13
3) Income from the sale, exchange, or other disposition of
other capital assets
e. Tax on proprietary educational institutions and hospitals
f. Tax on government-owned or controlled corporations,
agencies or instrumentalities
15. Taxation of Resident Foreign Corporations
a. General rule
b. With respect to their income from sources within the
Philippines
c. Minimum corporate income tax
d. Tax on certain income
(1) Interest from deposits and yield or any other monetary
benefit from deposit substitutes, trust funds and similar
arrangements and royalties
(2) Income derived under the expanded foreign currency
deposit system
(3) Capital gain from sale of shares of stock not traded in the
stock exchange
(4) Intercorporate dividends
e. Exclude:
(1) International carrier
(2) Offshore banking units
(3) Branch profits remittances
(4) Regional or area headquarters and Regional operating
headquarters of multinational companies
16. Taxation of Non-resident Foreign Corporations
a. General rule
b. Tax on certain income
(1) Interest on foreign loans
(2) Intercorporate dividends
(3) Capital gains from sale of shares of stock not traded in
the
stock exchange
c. Exclude:
(1) Non-resident cinematographic film owner, lessor or
distributor
(2) Non-resident owner or lessor of vessels chartered by
Philippine nationals
(3) Non-resident owner or lessor of aircraft machineries and
other equipment
17. Improperly Accumulated Earnings of Corporations
18. Exemption from tax on corporations
19. Taxation of Partnerships
14
20. Taxation of General Professional Partnerships
21. Taxation on Estates and Trusts
a) Application
b) Exception
c) Determination of tax
1) Consolidation of income of two or more trusts
2) Taxable income
3) Revocable trusts
4) Income for benefit of grantor
5) Meaning of “in the discretion of the grantor”
22. Withholding tax
a. Concept
b. Kinds
1) Withholding of final tax o certain incomes
2) Withholding of creditable tax at source
c. Withholding on wages
1) Requirement for withholding
2) Tax paid by recipient
3) Refunds or credits
4) Year-end adjustment
5) Liability for tax
d. Withholding of VAT
e. Filing of return and payment of taxes withheld
1) Return and payment in case of government employees
2) Statements and returns
f. Final withholding tax at source
g. Creditable withholding tax
1) Expanded withholding tax
2) Withholding tax on compensation
h. Fringe benefit tax
B. Estate Tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Time and transfer of properties
6. Classification of decedent
7. Gross estate vis-à-vis Net estate
8. Determination of gross estate and net estate
9. Composition of gross estate
10. Items to be included in gross estate
11. Deductions from estate
12. Exclusions from estate
15
13. Tax credit for estate taxes paid in a foreign country
14. Exemption of certain acquisitions and transmissions
15. Filing of notice of death
16. Estate tax return
C. Donor’s Tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Requisites of valid donation
6. Transfers which may be constituted as donation
a. Sale/exchange/transfer of property for insufficient
consideration
b. Condonation/remission of debt
7. Transfer for less than adequate and full consideration
8. Classification of donor
9. Determination of gross gift
10. Composition of gross gift
11. Valuation of gifts made in property
12. Tax credit for donor’s taxes paid in a foreign country
13. Exemptions of gifts from donor’s tax
14. Person liable
15. Tax basis
D. Value-Added Tax (VAT)
1. Concept
2. Characteristics
3. Impact of tax
4. Incidence of tax
5. Tax credit method
6. Destination principle
7. Persons liable
8. VAT on sale of goods or properties
a. Requisites of taxability of sale of goods or properties
9. Zero-rated sales of goods or properties, and effectively
zerorated
sales of goods or properties
10. Transactions deemed sale
a. Transfer, use or consumption not in the course of business
of
goods/properties originally intended for sale or use in the
course of business
b. Distribution or transfer to shareholders, investors or
creditors
c. Consignment of goods if actual sale not made within 60
days
from date of consignment
16
d. Retirement from or cessation of business with respect to
inventories on hand
11. Change or cessation of status as VAT-registered person
a. Subject to VAT
1) Change of business activity from VAT taxable status to
VAT-exempt status
2) Approval of request for cancellation of a registration due
to
reversion to exempt status
3) Approval of request for cancellation of registration due to
desire to revert to exempt status after lapse of 3 consecutive
years
b. Not subject to VAT
1) Change of control of a corporation
2) Change in the trade or corporate name
3) Merger or consolidation of corporations
12. VAT on importation of goods
a. Transfer of goods by tax exempt persons
13. VAT on sale of service and use or lease of properties
a. Requisites for taxability
14. Zero-rated sale of services
15. VAT exempt transactions
a. VAT exempt transactions, in general
b. Exempt transaction, enumerated
16. Input tax and output tax, defined
17. Sources of input tax
a. Purchase or importation of goods
b. Purchase of real properties for which a VAT has actually
been
paid
c. Purchase of services in which VAT has actually been paid
d. Transactions deemed sale
e. Transitional input tax
f. Presumptive input tax
g. Transitional input tax credits allowed under the transitory
and other provisions of the regulations
18. Persons who can avail of input tax credit
19. Determination of output/input tax; VAT payable; Excess
input
tax credits
a. Determination of output tax
b. Determination of input tax creditable
c. Allocation of input tax on mixed transactions
d. Determination of the output tax and VAT payable and
computation of VAT payable or excess tax credits
20. Substantiation of input tax credits
21. Refund or tax credit of excess input tax
17
a. Who may claim for refund/apply for issuance of tax credit
certificate (TCC)
b. Period to file claim/apply for issuance of TCC
c. Manner of giving refund
d. Destination principle or Cross-border doctrine
22. Invoicing requirements
a. Invoicing requirements in general
b. Invoicing and recording deemed sale transactions
c. Consequences of issuing erroneous VAT invoice or VAT
official receipt
23. Filing of return and payment
24. Withholding of final VAT on sales to government
E. Compliance Requirements (Internal Revenue Taxes)
1. Administrative requirements
a. Registration requirements
1) Annual registration fee
2) Registration of each type of internal revenue tax
3) Transfer of registration
4) Other updates
5) Cancellation of registration
6) Power of the Commissioner to suspend the business
operations of any person who fails to register
b. Persons required to register for VAT
1) Optional registration for VAT of exempt person
2) Cancellation of VAT registration
3) Changes in or cessation of status of a VAT-registered
person
c. Supplying taxpayer identification number (TIN)
d. Issuance of receipts or sales or commercial invoices
1) Printing of receipts or sales or commercial invoices
2) Invoicing requirements for VAT
a) Information contained in the VAT invoice or VAT
official receipt
b) Consequences of issuing erroneous VAT invoice or
official receipts
e. Exhibition of certificate of payment at place of business
f. Continuation of business of deceased person
g. Removal of business to other location
2. Tax returns
a. Income Tax Returns
1) Individual Tax Returns
a) Filing of individual tax returns
(1) Who are required to file
(a) Return of husband and wife
18
(b) Return of parent to include income of children
(c) Return of persons under disability
(2) Who are not required to file
b) Where to file
c) When to file
2) Corporate Returns
a) Requirement for filing returns
(1) Declaration of quarterly corporate income tax
(a) Place of filing
(b) Time of fling
(2) Final adjustment return
(a) Place of filing
(b) Time of filing
(3) Taxable year of corporations
(4) Extension of time to file return
b) Return of corporation contemplating dissolution or
reorganization
c) Return on capital gains realized from sale of shares of
stock not traded in the local stock exchange
3) Returns of receivers, trustees in bankruptcy or assignees
4) Returns of general partnerships
5) Fiduciary returns
b. Estate Tax Returns
1) Notice of death to be filed
2) Estate tax returns
a) Requirements
b) Time of filing and extension of time
c) Place of filing
3) Discharge of executor or administrator from personal
liability
a) Definition of deficiency
c. Donor’s Tax Returns
1) Requirements
2) Time and place of filing
d. VAT Returns
1) In general
2) Where to file the return
e. Withholding Tax Returns
1) Quarterly returns and payments of taxes withheld
2) Annual information return
3. Tax payments
a. Income Taxes
1) Payment, in general; time of payment
2) Installment payment
3) Payment of capital gains tax
19
b. Estate Taxes
1) Time of payment
a) Extension of time
2) Liability for payment
a) Discharge of executor or administrator from personal
liability
b) Definition of deficiency
3) Payment before delivery by executor or administrator
a) Payment of tax antecedent to the transfer of shares,
bonds or rights
4) Duties of certain officers and debtors
5) Restitution of tax upon satisfaction of outstanding
obligations
c. Donor’s Taxes
1) Time and place of payment
d. VAT
1) Payment of VAT
2) Where to pay the VAT
F. Tax Remedies under the NIRC
1. Taxpayer’s Remedies
a. Assessment
1) Concept of assessment
a) Requisites for valid assessment
b) Constructive methods of income determination
c) Inventory method for income determination
d) Jeopardy assessment
e) Tax delinquency and tax deficiency
2) Power of the Commissioner to make assessments and
prescribe additional requirements for tax administration
and enforcement
a) Power of the Commissioner to obtain information, and
to summon/examine, and take testimony of persons
3) When assessment is made
a) Prescriptive period for assessment
(1) False, fraudulent, and non-filing of returns
b) Suspension of running of statute of limitations
4) General provisions on additions to the tax
a) Civil penalties
b) Interest
5) Assessment process
a) Tax audit
b) Notice of informal conference
c) Issuance of preliminary assessment notice (PAN)
d) Notice of informal conference
20
e) Issuance of preliminary assessment notice (PAN)
f) Exceptions to Issuance of PAN
g) Reply to PAN
h) Issuance of formal letter of demand and assessment
notice/final assessment notice
i) Disputed assessment
j) Administrative decision on a disputed assessment
6) Protesting assessment
a) Protest of assessment by taxpayer
(1) Protested assessment
(2) When to file a protest
(3) Forms of protest
b) Submission of documents within 60 days from filing of
protest
c) Effect of failure to protest
7) Rendition of decision by Commissioner
a) Denial of protest
(1) CIR’s actions equivalent to denial of protest
(a) Filing of criminal action against taxpayer
(b) Issuing a warrant of distraint and levy
(2) Inaction by Commissioner
8) Remedies of taxpayer to action by Commissioner
a) In case of denial of protest
b) In case of inaction by Commissioner within 180 days
from submission of documents
c) Effect of failure to appeal
b. Collection
1) Requisites
2) Prescriptive periods
3) Distraint of personal property including garnishment
a) Summary remedy of distraint of personal property
(1) Procedure for distraint and garnishment
(2) Sale of property distrained and disposition of
proceeds
(a) Release of distrained property upon payment
prior to sale
(3) Purchase by the government at sale upon distraint
(4) Report of sale to BIR
(5) Constructive distraint to protect the interest of the
government
4) Summary remedy of levy on real property
a) Advertisement and sale
b) Redemption of property sold
c) Final deed of purchaser
5) Forfeiture to government for want of bidder
21
a) Remedy of enforcement of forfeitures
(1) Action to contest forfeiture of chattel
b) Resale of real estate taken for taxes
c) When property to be sold or destroyed
d) Disposition of funds recovered in legal proceedings or
obtained from forfeiture
6) Further distraint or levy
7) Tax lien
8) Compromise
a) Authority of the Commissioner to compromise and
abate taxes
9) Civil and criminal actions
a) Suit to recover tax based on false or fraudulent returns
c. Refund
1) Grounds and requisites for refund
2) Requirements for refund as laid down by cases
a) Necessity of written claim for refund
b) Claim containing a categorical demand for
reimbursement
c) Filing of administrative claim for refund and the
suit/proceeding before the CTA within 2 years from
date of payment regardless of any supervening cause
3) Legal basis of tax refunds
4) Statutory basis for tax refund under the Tax Code
a) Scope of claims for refund
b) Necessity of proof for claim or refund
c) Burden of proof for claim of refund
d) Nature of erroneously paid tax/illegally assessed
collected
e) Tax refund vis-à-vis tax credit
f) Essential requisites for claim of refund
5) Who may claim/apply for tax refund/tax credit
a) Taxpayer/withholding agents of non-resident foreign
corporation
6) Prescriptive period for recovery of tax erroneously or
illegally collected
7) Other consideration affecting tax refunds
2. Government Remedies
a. Administrative remedies
1) Tax lien
2) Levy and sale of real property
3) Forfeiture of real property to the government for want of
bidder
4) Further distraint and levy
22
5) Suspension of business operation
6) Non-availability of injunction to restrain collection of tax
b. Judicial remedies
3. Statutory Offenses and Penalties
a. Civil penalties
1) Surcharge
2) Interest
a) In General
b) Deficiency interest
c) Delinquency interest
d) Interest on extended payment
4. Compromise and Abatement of taxes
a. Compromise
b. Abatement
G. Organization and Function of the Bureau of Internal
Revenue
1. Rule-making authority of the Secretary of Finance
a. Authority of secretary of finance to promulgate rules and
regulations
b. Specific provisions to be contained in rules and
regulations
c. Non-retroactivity of rulings
2. Power of the Commissioner to suspend the business
operation of
a taxpayer
III. Local Government Code of 1991, as amended
A. Local Government Taxation
1. Fundamental principles
2. Nature and source of taxing power
a. Grant of local taxing power under the Local Government
Code
b. Authority to prescribe penalties for tax violations
c. Authority to grant local tax exemptions
d. Withdrawal of exemptions
e. Authority to adjust local tax rates
f. Residual taxing power of local governments
g. Authority to issue local tax ordinances
3. Local taxing authority
a. Power to create revenues exercised thru LGUs
b. Procedure for approval and effectivity of tax ordinances
4. Scope of taxing power
5. Specific taxing power of local government unit (LGUs)
a. Taxing powers of provinces
1) Tax on transfer of real property ownership
2) Tax on business of printing and publication
23
3) Franchise tax
4) Tax on sand, gravel and other quarry services
5) Professional tax
6) Amusement tax
7) Tax on delivery truck/van
b. Taxing powers of cities
c. Taxing powers of municipalities
1) Tax on various types of businesses
2) Ceiling on business tax impossible on municipalities within
Metro Manila
3) Tax on retirement on business
4) Rules on payment of business tax
5) Fees and charges for regulation & licensing
6) Situs of tax collected
d. Taxing powers of barangays
e. Common revenue raising powers
1) Service fees and charges
2) Public utility charges
3) Toll fess or charges
f. Community tax
6. Common limitations on the taxing powers of LGUs
7. Collection of business tax
a. Tax period and manner of payment
b. Accrual of tax
c. Time of payment
d. Penalties on unpaid taxes, fees or charges
e. Authority of treasurer in collection and inspection of books
8. Taxpayer’s remedies
a. Periods of assessment and collection of local taxes, fees or
charges
b. Protest of assessment
c. Claim for refund of tax credit for erroneously or illegally
collected tax, fee or charge
9. Civil remedies by the LGU for collection of revenues
a. Local government’s lien for delinquent taxes, fees or
charges
b. Civil remedies, in general
1) Administrative action
2) Judicial action
c. Procedure for administrative action
1) Distraint of personal property
2) Levy of real property, procedure
3) Further distraint or levy
4) Exemption of personal property from distraint or levy
5) Penalty on local treasurer for failure to issue and execute
warrant of distraint or levy
24
d. Procedure for judicial action
B. Real Property Taxation
1. Fundamental principles
2. Nature of real property tax
3. Imposition of real property tax
a. Power to levy real property tax
b. Exemption from real property tax
4. Appraisal and assessment of real property tax
a. Rule on appraisal of real property at fair market value
b. Declaration of real property
c. Listing of real property in assessment rolls
d. Preparation of schedules of fair market value
1) Authority of assessor to take evidence
2) Amendment of schedule of fair market value
e. Classes of real property
f. Actual use of property as basis of assessment
g. Assessment of real property
1) Assessment levels
2) General revisions of assessments and property
classification
3) Date of effectivity of assessment or reassessment
4) Assessment of property subject to back taxes
5) Notification of new or revised assessment
h. Appraisal and assessment of machinery
5. Collection of real property tax
a. Date of accrual of real property tax
b. Collection of tax
1) Collecting authority
2) Duty of assessor to furnish local treasurer with
assessment
rolls
3) Notice of time for collection of tax
c. Periods within which to collect real property tax
d. Special rules on payment
1) Payment of real property tax in installments
2) Interests on unpaid real property tax
3) Condonation of real property tax
e. Remedies of LGUs for collection of real property tax
1) Issuance of notice of delinquency for real property tax
payment
2) Local government’s lien
3) Remedies in general
4) Resale of real estate taken for taxes, fees or charges
5) Further levy until full payment of amount due
6. Refund or credit of real property tax
25
a. Payment under protest
b. Repayment of excessive collections
7. Taxpayer’s remedies
a. Contesting an assessment of value of real property
1) Appeal to the Local Board of Assessment Appeals (LBAA)
2) Appeal to the Central Board of Assessment Appeals
(CBAA)
3) Effect of payment of tax
b. Payment of real property under protest
1) File protest with local treasurer
2) Appeal to the LBSS
3) Appeal to the CBAA
4) Appeal to the CTA
5) Appeal to the SC
IV. Tariff and Customs Code of 1978, as amended (TCC)
A. Tariff and duties, defined
B. General rule: All imported articles are subject to duty.
Importation
by the government taxable.
C. Purpose for imposition
D. Flexible tariff clause
E. Requirements of importation
1. Beginning and ending of importation
2. Obligations of importer
a. Cargo manifest
b. Import entry
c. Declaration of correct weight or value
d. Liability for payment of duties
e. Liquidation of duties
f. Keeping of records
F. Importation in violation of TCC
1. Smuggling
2. Other fraudulent practices
G. Classification of goods
1. Taxable importation
2. Prohibited importation
3. Conditionally-free importation
H. Classification of duties
1. Ordinary/Regular duties
a. Ad valorem; Methods of valuation
1) Transaction value
2) Transaction value of identical goods
3) Transaction value of similar goods
4) Deductive value
5) Computed value
26
6) Fallback value
b. Specific
2. Special duties
a. Dumping duties
b. Countervailing duties
c. Marking duties
d. Retaliatory/Discriminatory duties
e. Safeguard
I. Drawbacks
J. Remedies
1. Government
a. Administrative/Extrajudicial
1) Search, seizure, forfeiture, arrest
b. Judicial
1) Rules on appeal including jurisdiction
2. Taxpayer
a. Protest
b. Abandonment
c. Abatement and refund
V. Judicial Remedies; Republic Act 1125 The Act that Created
the Court of
Tax Appeals (CTA), as amended, and the Revised Rules of
the Court of
Tax Appeals
A. Jurisdiction of the Court of Tax Appeals
1. Exclusive appellate jurisdiction over civil tax cases
a. Cases within the jurisdiction of the Court en banc
b. Cases within the jurisdiction of the Court in divisions
2. Criminal cases
a. Exclusive original jurisdiction
b. Exclusive appellate jurisdiction in criminal cases
B. Judicial Procedures
1. Judicial action for collection of taxes
a. Internal revenue taxes
b. Local taxes
1) Prescriptive period
2. Civil cases
a. Who may appeal, mode of appeal, effect of appeal
1) Suspension of collection of tax
a) Injunction not available to restrain collection
2) Taking of evidence
3) Motion for reconsideration or New trial
b. Appeal to the CTA, en banc,
a. Petition for review on certiorari to the Supreme Court
3. Criminal cases
a. Institution and prosecution of criminal actions
27
1) Institution on civil action in criminal action
b. Appeal and period to appeal
1) Solicitor General as counsel for the People and
government
officials sued in their official capacity
c. Petition for review on certiorari to the Supreme Court
C. Taxpayer’s suit impugning the validity of tax measures or
acts of
taxing authorities
a. Taxpayer’s suit, defined
b. Distinguished from citizen’s suit
c. Requisites for challenging the constitutionality of a tax
measure
or act of taxing authority
1) Concept of locus standi as applied in taxation
2) Doctrine of transcendental importance
3) Ripeness for judicial determination
-1-
SYLLABI FOR 2011 BAR EXAMINATIONS
LEGAL AND JUDICIAL ETHICS
A. LEGAL ETHICS
1. Practice of Law
a. Concept
(1) Privilege
(2) Profession, Not Business
b. Qualifications
c. Appearance of Non-Lawyers
(1) Law Student Practice
(2) Non-Lawyers in Courts
(3) Non-Lawyers in Administrative Tribunals
(4) Proceedings Where Lawyers Prohibited from Appearing
d. Sanctions for Practice or Appearance Without Authority
(1) Lawyers Without Authority
(2) Persons Not Lawyers
e. Public Officials And Practice of Law
(1) Prohibition or Disqualification of Former Government Attorneys
f. Lawyers Authorized to Represent the Government
g. Lawyer’s Oath
2. Duties and Responsibilities of a Lawyer
a. Society
(1) Respect for Law and Legal Processes
(2) Efficient and Convenient Legal Services
(3) True, Honest Fair, Dignified and Objective Information on Legal Services
(4) Participation in the Improvement and Reforms in Legal System
(5) Participation in Legal Education Program
b. The Legal Profession
(1) Integrated Bar of the Philippines
(a) Membership and Dues
(2) Upholding the Dignity and Integrity of the Profession
(3) Courtesy, Fairness and Candor Towards Professional Colleagues
(4) No Assistance in Unauthorized Practice of Law
c. The Courts
(1) Candor, Fairness and Good Faith Towards the Courts
(2) Respect for Courts and Judicial Officers
(3) Assistance in the Speedy and Efficient Administration of Justice
(4) Reliance on Merits of Case, Not From Improper Influence Upon the Courts
d. The Clients
(1) Availability of Service Without Discrimination
(a) Services Regardless of Person’s Status
(b) Services as Counsel De Officio
(c) Valid Grounds for Refusal
(2) Candor, Fairness and Loyalty to Clients
(a) Confidentiality Rule
(b) Privileged Communications
(c) Conflict of Interest
(d) Candid and Honest Advice to Clients
(3) Client’s Moneys and Properties
(a) Fiduciary Relationship
(b) Co-Mingling of Funds
(c) Delivery of Funds
(d) Borrowing or Lending
(4) Fidelity to Client’s Cause
(5) Competence and Diligence
(a) Negligence
(b) Collaborating Counsel
(c) Duty to Apprise Client
(6) Representation with Seal Within Legal Bounds
(7) Attorney’s Fees
(a) Acceptance Fees
(b) Contingency Fee Arrangements
(c) Attorney’s Liens
(d) Fees and Controversies with Clients
(e) Concepts of Attorney’s Fees
(i) Ordinary Concept
(ii) Extra-Ordinary Concept
(8) Preservation of Client’s Confidences
(a) When Allowed
(9) Withdrawal of Services
3. Suspension, Disbarment and Discipline of Lawyers
a. Nature and Characteristics of Disciplinary Actions Against Lawyers
(1) Sui Generis
(2) Prescription
b. Grounds
c. Proceedings
d. Discipline of Filipino Lawyers Practice in Foreign Jurisdictions
4. Readmission to the Bar
a. Lawyers Who Have Been Suspended
b. Lawyers Who Have Been Disbarred
c. Lawyers Who Have Been Repatriated
5. Mandatory Continuing Legal Education
a. Purpose
b. Requirements
c. Compliance
d. Exemptions
e. Sanctions
6. Notarial Practice
a. Qualifications of Notary Public
b. Term of Office of Notary Public
c. Powers and Limitations
d. Notarial Register
e. Jurisdiction of Notary Public and Place of Notarization
f. Revocation of Commission
g. Competent Evidence of Identity
h. Sanctions
B. JUDICIAL ETHICS
1. Sources
a. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
b. Code of Judicial Conduct
2. Qualities
a. Independence
b. Integrity
c. Impartiality
d. Propriety
e. Equality
f. Competence and Diligence
3. Discipline of Members of the Judiciary
a. Members of the Supreme Court
(1) Impeachment
b. Lower Court Judges and Justices
c. Grounds
d. Impeachment
e. Sanctions Imposed by the Supreme Court On Erring Members of the Judiciary
IMPORTANT NOTE: This bar coverage description is not intended and
should
not be used by law schools as a syllabus or course outline in the covered
subjects.
It has been drawn up for the limited purpose of ensuring that candidates
reviewing
for the bar examinations are guided on what basic and minimum amounts of
laws,
doctrines, and principles they need to know and be able to use correctly
before they
can be licensed to practice law. More is required for excellent and
distinguished
work as members of the Bar.