2011 BAR EXAM COVERAGE FOR REMEDIAL LAW I. General Principles A. Concept of Remedial Law B.

Substantive Law as Distinguished from Remedial Law C. Rule-making Power of the Supreme Court 1. Limitations on the rule-making power of the Supreme Court 2. Power of the Supreme Court to amend and suspend procedural rules D. Nature of Philippine Courts 1. Meaning of a court 2. Court as distinguished from a judge 3. Classification of Philippine courts 4. Courts of original and appellate jurisdiction 5. Courts of general and special jurisdiction 6. Constitutional and statutory courts 7. Courts of law and equity 8. Principle of judicial hierarchy 9. Doctrine of non-interference or doctrine of judicial stability II. Jurisdiction A. Jurisdiction over the parties 1. How jurisdiction over the plaintiff is acquired 2. How jurisdiction over the defendant is acquired B. Jurisdiction over the subject matter 1. Meaning of jurisdiction over the subject matter 2. Jurisdiction versus the exercise of jurisdiction 3. Error of jurisdiction as distinguished from error of judgment 4. How jurisdiction is conferred and determined 5. Doctrine of primary jurisdiction 6. Doctrine of adherence of jurisdiction 7. Objections to jurisdiction over the subject matter 8. Effect of estoppel on objections to jurisdiction C. Jurisdiction over the issues D. Jurisdiction over the res or property in

litigation E. Jurisdiction of Courts 1. Supreme Court 2. Court of Appeals 3. Court of Tax Appeals 4. Sandiganbayan 5. Regional Trial Courts 6. Family Courts 7. Metropolitan Trial Courts/Municipal Trial Courts 8. Shariah Courts F. Jurisdiction over small claims, cases covered by the rules on Summary Procedure and Barangay Conciliation G. Totality Rule III. Civil Procedure A. Actions 1. Meaning of ordinary civil actions 2. Meaning of special civil actions 3. Meaning of criminal actions 4. Civil actions versus Special proceedings 5. Personal actions and real actions 6. Local and transitory actions 7. Actions in rem, in personam and quasi in rem B. Cause of Action 1. Meaning of cause of action 2. Right of Action versus Cause of action 3. Failure to state a cause of action 4. Test of the sufficiency of a cause of action 5. Splitting a single cause of action and its effects 6. Joinder and misjoinder of causes of action C. Parties to Civil Actions 1. Real Parties in interest; Indispensable parties; Representatives as parties; Necessary parties; Indigent Parties; Alternative defendants 2. Compulsory and permissive joinder of parties 3. Misjoinder and non-joinder of parties 4. Class Suit 5. Suits against entities without juridical

personality 6. Effect of death of party litigant D. Venue 1. Venue versus Jurisdiction 2. Venue of real actions 3. Venue of personal actions 4. Venue of actions against non-residents 5. When the Rules on Venue Do not Apply 6. Effects of Stipulations on Venue E. Pleadings 1. Kinds of Pleadings a. Complaint b. Answer (1) Negative defenses (2) Negative pregnant (3) Affirmative Defenses c. Counterclaims (1) Compulsory counterclaim (2) Permissive counterclaim (3) Effect on the Counterclaim when the complaint is dismissed d. Cross-claims e. Third (fourth, etc.) party complaints f. Complaint-in-intervention g. Reply 2. Pleadings allowed in small claim cases and cases covered by the rules on summary procedure 3. Parts of a pleading a. Caption b. Signature and address c. Verification and certification against forumshopping (1) Requirements of a corporation executing the verification/certification of non-forum shopping d. Effect of the signature of counsel in a pleading 4. Allegations in a pleading a. Manner of making allegations (1) Condition precedent (2) Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official documents or acts b. Pleading an actionable document c. Specific denials (1) Effect of failure to make specific

denials (2) When a specific denial requires an oath 5. Effect of failure to plead 1. Failure to plead defenses and objections 2. Failure to plead a compulsory counterclaim and cross-claim 6. Default a. When a declaration of default is proper b. Effect of an order of default c. Relief from an order of default d. Effect of a partial default e. Extent of relief f. Actions where default are not allowed 7. Filing and Service of pleadings I. Payment of docket fees II. Filing versus service of pleadings III. Periods of filing of pleadings IV. Manner of filing V. Modes of service (1) Personal service (2) Service by mail (3) Substituted service (4) Service of judgments, final orders or resolutions (5) Priorities in modes of service and filing (6) When service is deemed complete (7) Proof of filing and service 8. Amendment a. Amendment as a matter of right b. Amendments by leave of court c. Formal amendment d. Amendments to conform to or authorize presentation of evidence e. Different from supplemental pleadings f. Effect of amended pleading F. Summons 1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem 2. Voluntary appearance 3. Personal service 4. Substituted service 5. Constructive service (by publication) a. Service upon a defendant where his identity is unknown or where his whereabouts are unknown b. Service upon residents temporarily

outside the Philippines 6. Extra-territorial service, when allowed 7. Service upon prisoners and minors 8. Proof of service G. Motions 1. Motions in general a. Definition of a motion b. Motions versus pleadings c. Contents and form of motions d. Notice of hearing and hearing of motions e. Omnibus motion rule f. Litigated and ex parte motions g. Pro-forma motions 2. Motions for Bill of Particulars a. Purpose and when applied for b. Actions of the court c. Compliance with the order and effect of noncompliance d. Effect on the period to file a responsive pleading 3. Motion to Dismiss a. Grounds b. Resolution of Motion c. Remedies of plaintiff when the complaint is dismissed d. Remedies of the defendant when the motion is denied e. Effect of dismissal of complaint on certain grounds f. When grounds pleaded as affirmative defenses g. Bar by dismissal h. Distinguised from demurrer to evidence under Rule 33 H. Dismissal of Actions 1. Dismissal upon notice by plaintiff; Twodismissal rule 2. Dismissal upon motion by plaintiff; effect on existing counterclaim 3. Dismissal due to the fault of plaintiff 4. Dismissal of counterclaim, cross-claim or third-party complaint I. Pre-trial 1. Concept of pre-trial 2. Nature and purpose 3. Notice of pre-trial 4. Appearance of parties; effect of failure to appear 5. Pre-trial brief; effect of failure to appear

6. Distinction between pre-trial in civil case and pre-trial in criminal case 7. Alternative Dispute Resolution (ADR) J. Intervention 1. Requisites for intervention 2. Time to intervene 3. Remedy for the denial of motion to intervene K. Subpoena 1. Subpoena duces tecum 2. Subpoena ad testificandum 3. Service of subpoena 4. Compelling attendance of witnesses; Contempt 5. Quashing of subpoena L. Modes of Discovery 1. Depositions pending action; Depositions before action or pending appeal a. Meaning of deposition b. Uses; Scope of examination c. When may objections to admissibility be made d. When may taking of deposition be terminated or its scope limited 2. Written interrogatories to adverse parties a. Consequences of refusal to answer b. Effect of failure to serve written interrogatories 3. Request for Admission a. Implied admission by adverse party b. Consequences of failure to answer request for admission

Effect of failure to file and serve request for admission 4.Powers of the commissioner c. Order of trial. Fresh 15day period rule 2. Consolidation or Severance of hearing or trial 6. Trial a. Judgments and Final Orders 1. Grounds a. Entry of judgment and final order P. Delegation of reception of evidence 1. Appeals in General a. Judgment without trial 2. Trial by commissioners a. for the claimant 1. Ground 2. effect e.4. for the defendant 2. Rendition of judgments and final orders 7. requisites of motion to postpone trial c. Physical and mental examination of persons 6. Judgments and final orders subject to appeal 5. Remedy when motion is denied. Consequences of refusal to comply with modes of discovery M. Grant of the motion. Reference by consent or ordered on motion b. affidavits and attachments b. for absence of evidence d. Judgment on the pleadings 4. Production or inspection of documents or things 5. when the case not fully adjudicated a. Post Judgment Remedies 5. Waiver of right to present evidence c. Effect of admission d. Matters not appealable b. When to file c. Contents of a judgment 3. for illness of party or counsel 3. Effect of grant b. Summary judgments . Denial of the motion. effect d. notice to parties and hearing on the report N. reversal of order 5. Adjournments and postponements b. Motion for New Trial or reconsideration 7. Agreed statement of facts 4. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case O. Effect of denial 3.Commissioner’s report. Demurrer to Evidence 1. Judgment on the pleadings versus summary judgments 6.

Period to file action c. Appeal from judgments or final orders of the RTC j. Review of final judgments or final orders of the COA m. Execution of judgments for specific acts e. Grounds for annulment b. Appeal from judgments or final orders of the CA k. Period of appeal g. Execution as a matter of right b. Review of final judgments or final orders of the Ombudsman p. for purposes of execution 2. in relation to third party claim in attachment and replevin . Review of final judgments or final orders of the CSC o. Remedy against judgments and orders which are not appealable d. Appeal from judgments or final orders of the CTA l. Execution of judgments for money d. How a judgment is executed a. Effect of levy on third persons 4. Discretionary execution 3. orders and other proceedings a. Appeal from judgments or final orders of the MTC i. Review of final judgments or final orders of the NLRC q. Properties exempt from execution 5. Annulment of Judgments or final orders and resolutions a. Execution by motion or by independent action b. Execution. Time to file petition c. Review of final judgments or final orders of quasi-judicial agencies 3. Perfection of appeal h. Contents of petition 4. Effects of judgment of annulment 5. When execution shall issue a. Issues to be raised on appeal f. Execution of special judgments f. Modes of appeal (1) Ordinary appeal (2) Petition for review (3) Petition for review on certiorari e. Relief from judgments. Collateral attack of judgments Q. Satisfaction and Effect of Judgments 1. Review of final judgments or final orders of the COMELEC n. Grounds for availing of the remedy b. Issuance and contents of a writ of execution c.c. Proceedings where property is claimed by third persons a. Difference between finality of judgment for purposes of appeal.

Special Civil Actions 1. Requisites a. Rule on prior or contemporaneous service of summons in relation to attachment e. Redelivery Bond d. Manner of attaching real and personal property. Satisfaction of judgment out of property attached 4. Preliminary Attachment b. Duration of TRO . Requisites d. Preliminary Injunction a. Sheriff’s duty in the implementation of the writ. Definitions and Differences: Preliminary Injunction and Temporary Restraining Order b. Requirements before issuance of an Order h. Grounds for issuance of preliminary injunction f. Requisites c. Termination of receivership 6. Examination of Judgment Obligor When Judgment is unsatisfied 8. Ban on issuance of TRO or Writ of Injunction in cases involving government infrastructure projects i. Grounds for issuance of writ of attachment b. Nature of provisional remedies 5. Cases when receiver may be appointed 3. Jurisdiction and venue c. General powers of a receiver c. Issuance and contents of order of attachment. Nature of special civil actions 2. Enforcement and Effect of Foreign Judgments or Final Orders R. Affidavit and bond. when property attached is claimed by third person f. In relation to RA 8975. Kinds of Injunction e. Rule on prior or contemporaneous service of summons e.d. Examination of Obligor of Judgment Obligor 9. Two (2) kinds of bonds f. Requisites c. Jurisdiction over provisional remedies a. Receivership 2. Provisional Remedies 1. Discharge of attachment and the counter-bond g. Grounds for objection to. or for the dissolution of injunction or restraining order g. affidavit and bond d. Effect of Judgment or Final Orders 10. Ordinary civil actions versus special civil actions 3. When may writ be issued b. when property is claimed by third party S. Rules on Redemption 7. Replevin a. When writ may be issued 6.

Declaratory Reliefs and Similar Remedies a. Actions/Omissions of MTC/RTC in election cases i. in relation to RA 8974 c. persons and officers 7. Judgment in Quo Warranto action e. Two stages in every action for expropriation b.4. Certiorari distinguished from Appeal by Certiorari. Consolidation of ownership C. Defenses and objections c. When court may refuse to make judicial declaration d. Commissioner’s report. Definitions and distinctions b. When plaintiff can immediately enter into possession of the real property. Requisites for interpleader f. Quo Warranto a. Expropriation a. When government commence an action against individuals h. Where to file petition j. When petition for certiorari. Proceedings considered as similar remedies A. Interpleader a. Who may file the action b. prohibition and mandamus is proper d. Distinguish from Quo Warranto in the . New system of immediate payment of initial just compensation e. when and where to file petition g. Review of Judgments and Final Orders or Resolution of the COMELEC and COA a. Distinction in the application of Rule 65 to judgments of the COMELEC and COA and the application of Rule 65 to other tribunals. Prohibition and Mandamus a. Prohibition and Mandamus distinguished from Injunction. When to file 5. Appointment of Commissioners. Ascertainment of just compensation h. Requisites c. Quieting of title to real property 6. Certiorari. Reliefs petitioner is entitled to b. Rights of a person adjudged entitled to public office 9. Matters to allege in complaint for expropriation b. Order of Expropriation e. Exceptions to filing of motion for reconsideration before filing petition g. Requisites of action for declaratory relief c. Injunctive relief f. Effects of filing of an unmeritorious petition 8. When individual may commence an action d. Court action upon d. Reformation of an instrument B. Conversion to ordinary action Omnibus Election Code e. Application of Rule 65 under Rule 64 b.

Judgment on foreclosure for payment or sale b. Remedy against indirect contempt. who should be made defendants b. penalty d. Equity of redemption versus right of redemption 11. Summary procedure. Partition a. Appointment of commissioners. Contempt a. When imprisonment shall be imposed h. Order of partition and partition by agreement e. Resolving defense of ownership j. Preliminary injunction and preliminary mandatory injunction i. Court action upon commissioner’s report f. Action on the complaint g. Two (2) stages in every action for partition d.commissioner’s report i. Judgment and its effects g. Kinds of contempt b. Remedy against direct contempt. Sale of mortgaged property. Special Proceedings . Deficiency judgment (1) Instances when court cannot render deficiency judgment e. Who may file complaint. Distinguished from accion publiciana and accion reinvindicatoria c. Purpose and nature of each c. How contempt proceedings are commenced f. Matters to allege in the complaint for partition c. Prescription of action h. Commissioner’s report. Who may institute the action and when. How to stay the immediate execution of judgment k. Forcible Entry and Unlawful Detainer IV. Acts deemed punishable as indirect contempt g. Effect of recording of judgment 10. Judicial foreclosure versus extrajudicial foreclosure f. Definitions and Distinction b. Foreclosure of Real Estate Mortgage a. When demand is necessary h. against whom the action may be maintained e. Partition of personal property a. effect c. penalty e. Contempt against quasi-judicial bodies 12. Disposition of proceeds of sale d. Pleadings allowed f. How to determine jurisdiction in accion publiciana and accion reinvindicatoria d. prohibited pleadings 13. Rights of plaintiff upon judgment and payment j. Partition by commissioners.

when allowed 2. Order of preference 3. Summary settlement of estates of small value. Powers and duties of Executors and Administrators. Payment of Debts G. When and To whom letters of administration granted 2. Grounds for removal and resignation of a trustee 5. instances when adoption may be rescinded c. Reprobate. Domestic Adoption Act a. Requisites before creditor may bring an action for recovery of property fraudulently conveyed by the deceased H. Who may petition for probate. Remedy of an heir entitled to residue but not given his share 4. Distribution and Partition 1. Contents of petition for allowance of will 2. Grounds for removal of administrator F. Inter-country Adoption a.A. Distinguished from executor/administrator 2. when allowed 5. effects of rescission of adoption 3. Liquidation 2. functions of the RTC c. Venue in judicial settlement of estate 3. Requisites for the removal and resignation of a trustee 4. Adoption 1. Rule on Guardianship over minor L. Requisites for filing of petition 3. When to file 2. Extent of authority of trustee J. simultaneous filing of petition for administration 4. Allowance or Disallowance of Will 1. Extrajudicial settlement by agreement between heirs. Contents of the Return 3. Remedy of respondent against petition. when allowed b. Claims Against the Estate 1. Writ of Habeas Corpus 1. Venue and Process 1. Appointment of Special Administrator 6. Summary Settlement of Estates 1. Statute of Non-claims 3. Powers and Duties of Probate Court B. Nature of probate proceeding 2. Guardianship 1. persons entitled to notice D. Two-year prescriptive period 3. Actions that may be brought against executors and administrators 2. Extent of jurisdiction of Probate Court 4. Trustees 1. Distinguish domestic adoption from inter-country adoption 2. Settlement of Estate of Deceased Persons. Grounds for disallowing a will 3. Remedies of aggrieved parties after extra-judicial settlement of estate C. Affidavit of Self-adjudication by sole heir 4. Escheat 1. Production and Probate of Will 1. Instances when probate court may issue writ of execution I. Project of Partition 3. Claim of Executor or administrator against the Estate 4. period for filing a claim K. Distinguish peremptory writ from . Actions by and against Executors and Administrators 1. effects of adoption b. exceptions 2. General powers and duties of guardians 2. Contents of the petition 2. Time within which claims shall be filed. Opposition to issuance of letters testamentary. Letters Testamentary and of Administration 1. “best interest of the minor” standard M. Requisites before will proved outside allowed in the Philippines. Conditions of the Bond 3. restrictions on the powers 5. effects of probate E. Conditions of the bond of the guardian 3. Which court has jurisdiction 2.

Who may file 5. Consolidation 12. Distinguish Jurisdiction over subject matter from jurisdiction over person of the accused 2. Criminal actions. Quantum of proof in application for issuance of writ of Amparo O. Institution of separate action 10. in relation to RA 9048 S. Distinguish from writ of Amparo and Habeas Data 7. Who may file 5. Change of Name 1. Sufficiency of Complaint or Information 6. Consolidation 9. Exception 9. Contents of return 7. Absentees 1. Requisites for exercise of criminal jurisdiction 3. Rule on implied institution of civil action with criminal action . Purpose of the Rule 2. Control of prosecution 5. Entries subject to cancellation or correction under Rule 108. 08-1-16SC) 1. Amendment or Substitution of complaint or information 10. crimes that cannot be prosecuted de officio 3. Contents of return 6. Rule on Advance Distribution V. When injunction may be issued to restrain criminal prosecution B. Differences between Amparo and search warrant 4. Instances when petition be heard in chambers 8. Criminal actions. 07-9-12-SC) 1. Who may file. Duplicity of the Offense. When not proper/applicable 5. Grounds for change of name Q. Judgments and orders for which appeal may be taken 2. RA 9048 and Rule 108 2. Distinguish from Habeas Corpus and Amparo 4. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (AM No. Omnibus waiver rule 8. When to appeal 3. Cause of the Accusation 8. Contents of the petition 6. Modes of appeal 4. Criminal Procedure A. how instituted 2.preliminary citation 4. Effect of filing of a criminal action 11. Quantum of proof in application for issuance of writ of Amparo P. Coverage 2. Scope of writ 2. Appeals in Special Proceeding 1. 03-04-04-SC) N. Availability of writ 3. Writ of Habeas Data (AM No. Jurisdiction of Criminal courts 4. Prosecution of Civil Action 1. Differences under Rule 103. Effects of failure to file return 7. Interim reliefs available to petitioner and respondent 13. when enjoined 4. Effect of filing of a criminal action 10. When writ disallowed/discharged 6. Designation of Offense 7. Writ of Amparo (AM No. when to file R. General Matters 1. Procedure for hearing 9. Institution of separate action 11. Venue of criminal actions 11. Distinguish from habeas corpus and habeas data 3. Prosecution of Offenses 1. Intervention of offended party C. Cancellation or Correction of Entries in the Civil Registry 1. Who may file them.

Application not a bar to objections in illegal arrest. When separate civil action is suspended 4. lack of or irregular preliminary investigation 10. by officer without warrant c. When warrant of arrest may issue 7. Preliminary Investigation 1. When should plea of NOT GUILTY be entered 3. Bail 1. Remedies of accused if there was no preliminary investigation 9. how made H. by private person 4. When a matter of right. Hold Departure Order & Bureau of Immigration Watchlist G. Bail when not required 7. Effect of the death of accused or convict on civil action 5. by officer with warrant b. Arrest without warrant. Nature of right 2. exceptions 3. Rights of accused at the trial 2. Rights of the Accused 1. Purposes of preliminary investigation 3. Who may conduct determination of existence of probable cause 4. Hearing of application for bail in capital offenses 5. how made 3. When may accused enter a plea of guilty to a lesser offense 9. Arrest 1. Nature 2. Arraignment and Plea. Determination of Probable Cause for issuance of warrant of arrest 6. Inquest E. Distinguish probable cause of fiscal from that of a judge F. When civil action may proceed independently 3. Forfeiture and Cancellation of bail 5. Arrest. Arraignment and Plea 2. Prejudicial Question 6. Guidelines in fixing amount of bail 6. Method of arrest a. Accused plead guilty to capital offense. what the court should do 2. When a matter of discretion 4. Rights of persons under Custodial Investigation . Requisites of a valid warrant of arrest 4. Increase or Reduction of Bail 8.2. Review 6. Cases not requiring a preliminary investigation 8. Resolution of investigation prosecutor 5. Rule on Filing Fees in civil action deemed instituted with the criminal action D. when lawful 1.

Exception to the rule that sustaining the motion is not a bar to another prosecution 5. Promulgation of judgment. Effects of granting a new trial or reconsideration . Trial 2. Judgment 1. Matters to be considered during pre-trial 2. Distinguish from demurrer to evidence 2. New Trial or Reconsideration 1. Effects of Discharge of accused as state witness 7. Remedy when accused is not brought to trial within the prescribed period 5. Pre-trial 1. Pre-trial agreement 4. Grounds for New Trial 2. instances of promulgation of judgment in absentia 4. How appeal taken 4. Effect of an Appeal 3. Motion to Quash L. Demurrer to Evidence I. Effects of sustaining the motion to quash 4. Trial in Absentia 4. Grounds 1. Instances when presence of accused is required by law 2. Grounds for dismissal of appeal O. Requisite before trial can be suspended on account of absence of witness 3.5. Non-appearance during pre-trial 5. Application of Neypes Doctrine in Criminal Cases N. Appeal 1. Grounds for Reconsideration 3. Where to appeal 1. Contents of Judgment 3. When does judgment become final (four instances) M. Referral of some cases for Court Annexed Mediation and Judicial Dispute Resolution K. What the court should do when prosecution and offended party agree to the plea offered by the accused 3. Provisional Dismissal J. Double Jeopardy 6. Requisites of a judgment 2. Grounds for suspension of arraignment become a state witness 6. Nature of search warrant 5. Requisites before a new trial may be granted on ground of newly discovered evidence 4. Improvident plea 7. Searching Inquiry 6. Pre-trial order 6. Requisites for discharge of accused to 3. Search and Seizure 1. Effect of appeal by any of several accused 5.

Distinguish from warrant of arrest 3. View of an Object or Scene 6. Competent and credible evidence 7. Relevance of evidence and collateral matters c. Preponderance of evidence c. Concept of Evidence 2. Consented Search c. Enforcement of Custom Laws 9. Multiple admissibility d. Positive and negative evidence h. Plain view situation f. Scope of the Rules of Evidence 3. Law of Nations and Municipal Ordinance C. 06-115-SC) a. Mandatory b. Personal property to be seized 8. Matters of Judicial Notice a. Proof Versus Evidence 5. Categories of Object Evidence 4. Post-conviction DNA testing. Chain of Custody in Relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002 7. body checks in airport e. Search of moving vehicle d. remedy d. Rules on evaluation of reliability of the DNA testing Methodology D. Kinds of provisional remedies VI. Clear and convincing evidence B. Conclusive presumptions b. Curative admissibility f. Presumptions a. Discretionary 3. Admissibility of Evidence a. Assessment of probative value of DNA evidence and admissibility e. Substantial evidence d. Effect of judicial admissions b. Personal examination by judge of the applicant and witnesses 6. where filed 4. Stop and Frisk situation g. Direct and circumstantial evidence g. Applicable for DNA testing order c. Factum Probans Versus Factum Probandum 6. Provisional Remedies 1. General Principles 1. Rule on DNA Evidence (A. Exceptions to search warrant requirement a. What Need Not be Proved 2. Application for search warrant. Nature of Object Evidence 2. Probable Cause 5. Demonstrative Evidence 5. Search incidental to lawful arrest b. Judicial Notice and Judicial Admissions 1. Requisites for admissibility of evidence b. Remedies from unlawful search and seizure P. Liberal Construction of the Rules of Evidence 10. Evidence A. Documentary Evidence . Requisites for Admissibility 3. Particularity of place to be searched and things to be seized 7. Conditional admissibility e. Meaning of DNA b. Check points.2. No. Judicial Admissions a. Proof beyond reasonable doubt b. Burden of Proof and Burden of Evidence 8.M. Disputable presumptions 9. Quantum of Evidence (Weight And Sufficiency of Evidence) a. How judicial admissions may be contradicted 4. Object (Real) Evidence 1. Nature 2. Judicial Notice of Foreign Laws. Evidence in Civil Cases Versus Evidence in Criminal Cases 4.

Requisites for Admissibility 3. When evidence of authenticity of a private writing is not required (ancient documents) e. 01-7-01-SC) a. When parole evidence can be introduced c. Similar acts as evidence 6. proof of official record g. Audio. Public documents as evidence. Hearsay Rule a. Best Evidence Rule a. Examination of a Witness a. When applicable c. Application of the parol evidence rule b. Authentication of electronic documents and electronic signatures d.1. video and ephemeral evidence 5. Competency Versus Credibility of a Witness 3. Attestation of a copy h. How to prove genuineness of a handwriting f. Admissions and Confessions a. Meaning of hearsay b. Proof of lack of record j. electronic data massage b. How a judicial record is impeached k. method of proof c. Rules on Electronic Evidence (A. Admission by a party c. Electronic documents and the hearsay rule e. photographic. Documentary evidence in an unofficial language E. Public and private documents c. Meaning of electronic evidence. Parental and filial privilege rule 4. When a private writing requires authentication. How the witness is impeached by evidence of inconsistent statements (laying the predicate) f. Admission by a conspirator f. Public record of a public document i. Res inter alios acta rule b. Reason for exclusion of hearsay evidence c. Leading and misleading questions d. Confessions i. Disqualification by reason of death or insanity of adverse party d. Authentication and Proof of Documents a. Admission by silence h. Qualifications of a Witness 2. Meaning of Documentary Evidence 2. No. Disqualification by reason of marriage c. Methods of impeachment of adverse party’s witness e. Meaning of the rule b. Disqualification by reason of mental capacity or immaturity b. proof of a private writing d. Admission by a third party d. Exceptions to the hearsay rule (1) Dying declaration (2) Declaration against interest (3) Act or declaration about pedigree . Distinctions between the best evidence rule and parol evidence rule 6. Meaning of authentication b. How to explain alterations in a document m. Admission by privies g. Requisites for introduction of secondary evidence 4. Admission by a co-partner or agent e. Rights and obligations of a witness b. Parol Evidence Rule a. Proof of notarial documents l. Probative value of electronic documents or evidentiary weight. Evidence of the good character of a witness 5.M. Disqualification by reason of privileged communications (1) Husband and wife (2) Attorney and client (3) Physician and patient (4) Priest and penitent (5) Public officers e. Meaning of original d. Testimonial Evidence 1. Order in the examination of an individual witness (1) Direct examination (2) Cross examination (3) Re-direct examination (4) Re-cross examination (5) Recalling the witness c. Disqualifications of Witnesses a.

Learned treaties (11). Repetition of an Objection 5. Offer and Objection 1. Pre-trial Conference. Sexual abuse shield rule i. Common reputation (6). 004-07-SC) a. Judgment and Execution. Reliefs in a citizen’s suit 6. Civil cases 9. Consent Decree 3. When parties may directly go to court E. Repudiation IX. duty of the judge F. Meaning of “child witness” c. Rules of Procedure for Environmental Cases (AM No. Finality of judgment X. Commencement of small claims action. Katarungang Pambarangay A. Hearsay exception in child abuse cases h. Criminal cases b. Opinion Rule a. Ruling 6. Venue D. Offer of Evidence 2.(4) Family reputation or tradition regarding pedigree (5). Preliminary conference and appearances of parties VIII. Execution F. Character Evidence a. Temporary Environmental Protection Order (TEPO) 5. Commercial lists and the like (10). Cases covered B. Live-link TV testimony of a child witness f. Entries in official records (9). Videotaped deposition of a child witness g. Striking Out of an Answer 7. Scope and Applicability of the Rule B. 08-8-7-SC) A. Rule on Examination of a Child Witness (A. Hearing.M. Part of the res gestae (7). Response C. Entries in the course of business (8). Scope and applicability of the Rule B. Examination of a child witness e. Applicability of the rule b. When to Make an Offer 3. Effect of failure to answer C. Civil Procedure 1. Supreme Court Rulings as of December 2010 VII. Permanent Environmental Protection Order. Revised Rules on Summary Procedure A. No. Prohibited pleadings and motions D. Rule of Procedure for Small Claims Cases (AM No. Appearances E. Writ of continuing mandamus . Tender of Excluded Evidence G. Subject matter for amicable settlement C. Opinion of ordinary witness 8. Prohibition against Temporary Restraining Order and Preliminary Injunction 2. Protective orders F. Cases covered by the Rule B. Opinion of expert witness b. 09-6-8-SC) A. Objection 4. Prohibited Pleadings and Motions 4. Competency of a child witness d. Testimony or deposition at a former trial 7.

Criminal Procedure 1. Arrest without warrant. More is required for excellent and distinguished work as members of the Bar. Benefits-Protection Theory (Symbiotic Relationship) 4. Power of Eminent Domain E. Arraignment and Plea 7. Prospectivity of tax laws 2. Police Power 2. Discovery measures 4. Writ of Continuing Mandamus D. Purpose of Taxation 1. Double taxation a. 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. Administrative Feasibility 3. Fiscal Adequacy 2. Modes of eliminating double taxation 4. when valid 4. Kinds of tax exemption 1) Express 2) Implied 3) Contractual d. Power of Taxation Compared With Other Powers1. doctrines. Theory and Basis of Taxation 1. Nature of tax exemption c. Revocation of tax exemption . Strict sense b. Broad sense c. Escape from taxation a. Bail 6. Lifeblood Theory 2. I. Exemption from taxation a. Prohibited pleadings and motions 3.7. Precautionary principle 2. Strategic Lawsuit against Public Participation C. Constitutionality of double taxation d. Meaning of exemption from taxation b. Writ of Kalikasan 2. Theoretical Justice G. Revenue-raising 2. Special Proceedings 1. Institution of criminal and civil action 3. Characteristics of Taxation D. Principles of Sound Tax System 1. 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. Subsidiary liabilities E. Rationale/grounds for exemption e. Who may file 2. Necessity Theory 3. Doctrines in Taxation 1. Non-revenue/special or regulatory F. Jurisdiction over subject and objects H. General Principles of Taxation A. Nature of Taxation C. and principles they need to know and be able to use correctly before they can be licensed to practice law. Imprescriptibility 3. Tax evasion 5. Evidence 1. Definition and Concept of Taxation B. Pre-trial 8. Documentary evidence 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. Procedure in the custody and disposition of seized items 5.

Levy 2. Compensation and Set-off 7. and Characteristics of Taxes L. International Comity e. Definition b. Tax laws 1) General Rule 2) Exception b. Agencies. Constitutional Limitations a. Exemption of Government Entities. Provisions Indirectly Affecting Taxation 1) Due process 2) Equal protection 3) Religious freedom 4) Non-impairment of obligations of contracts J. Tax exemption and exclusion 1) General Rule 2) Exception c. 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. Assessment and Collection 3. Stages of Taxation 1. revenue. and educational entities 5) Prohibition against taxation of non-stock. Tax rules and regulations 1) General rule only d. Non-retroactive application to taxpayers 1) Exceptions I. Payment 4. Compromise 8. Provisions Directly Affecting Taxation 1) Prohibition against imprisonment for nonpayment 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. Inherent Limitations a. 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. and Instrumentalities 2. Refund K. Penal provisions of tax laws e. 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 (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. Inherently Legislative 1) General Rule 2) Exceptions a) Delegation to local governments b) Delegation to the President c) Delegation to administrative agencies c.6. Requisites of a valid tax M. Definition. Public Purpose b. License fee 4. Special assessment .Tax as distinguished from other forms of exactions 1. Toll 3. Tax amnesty a. Nature. Construction and Interpretation of: a.Scope and Limitation of Taxation 1. Tariff 2. Distinguished from tax exemption 9.

Progressive c. 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. Co-ownerships 7. Criteria in Imposing Philippine Income Tax a. Kinds of Taxpayers a. National Internal Revenue Code of 1997 as amended (NIRC) A. regulatory. Direct b. Taxable Period a. Corporations 1) Domestic corporations 2) Foreign corporations (1) Resident foreign corporations (2)Non-resident foreign corporations c.5. Debt N. municipal tax 6. General or fiscal b. Indirect 3. 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. Short Period 6. Residence Principle c. Income Tax Systems a. As to tax rates a. Source Principle 4. Nature c. As to object a. Progressive b. Ad valorem c. Citizenship Principle b. Definition b. Income Taxation 1. Regressive c. General principles 8. Features of the Philippine Income Tax Law a. Schedular Tax System c. As to burden or incidence a. Privilege tax 2. Tests in determining whether income is earned for tax purposes 1) Realization test 2) Claim of right doctrine or Doctrine of ownership. Types of Philippine Income Tax 5. Special. As to purposes a. or control 3) Economic benefit test. Definition b. Mixed 4. Income Taxation a. As to scope or authority to impose a. Estates and Trusts f. Property tax c. capitation. Semi-schedular or semi-global tax system 3. command. Income a. or sumptuary 5. Doctrine of proprietary interest 4) Severance test . Specific b. or poll tax b. Nature c. Partnerships d. Direct tax b. General Professional Partnerships e. Proportionate II. Local – real property tax. Comprehensive d. Semi-schedular or semi-global tax system 2. Personal. Global Tax System b. Calendar Period b. Kinds of Taxes 1. National – internal revenue taxes b. Fiscal Period c. As to graduation a.

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. Gross Income a. or separation pay 10) Income from any source whatever a) Forgiveness of indebtedness . 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 (4) Net capital gain.9. consolidation. Proceeds from life insurance or other types of insurance 8) Prizes and awards 9) Pensions. 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. Concept of income from whatever source derived c. Gross Income vis-à-vis Net Income vis-àvis Taxable Income d. Definition b. retirement benefit. 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.

bequest. 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. including those in sports competition 6) Under a Tax Treaty 7) Under Special Laws h. endowment or annuity contracts d) Value of property acquired by gift. wages and other forms of compensation for personal services actually rendered. business or profession 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.b) Recovery of accounts previously written off c) Receipt of tax refunds or credit d) Income from any source whatever e. gratuities. pensions. 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 . h) Winnings. Deductions from Gross Income 1) General rules a) Deductions must be paid or incurred in connection with the taxpayer’s trade. devise or descent e) Amount received through accident or health insurance f) Income exempt under tax treaty g) Retirement benefits. and awards. etc. prizes. Territorial) g. Situs of Income Taxation (See page 2 under Inherent Limitations. 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.

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. and Resident Aliens a. and hazard pay c. overtime 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.Exempt Corporations 10. except non-resident aliens b) Corporations.(5) Tax credit vis-à-vis deduction d) Losses (1) Requisites for deductibility (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. Taxation on Compensation Income 1) Inclusions a) Monetary compensation (1) Regular salary/wage (2) Separation pay/retirement benefit not otherwise exempt (3) Bonuses. bad debts. Nonresident Citizens. night shift differential. 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. 13th month pay. Taxation of Passive Income . General rule: Resident citizens – Taxable on income from all sources within and without the Philippines b. Taxation of Business Income/Income from Practice of Professiond. 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. Taxation of Resident Citizens.

Allowable deductions 1) Itemized deductions 2) Optional standard deduction c. With respect to their income from sources within the Philippines c. Cash and/or property dividends c. Exclude: (1) International carrier (2) Offshore banking units (3) Branch profits remittances (4) Regional or area headquarters and Regional operating headquarters of . exchange. Minimum corporate income 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 3) Income from the sale. Taxation of Domestic Corporations a. Senior citizens b. Tax on proprietary educational institutions and hospitals f. 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 aspecial income tax system b. or other disposition of other capital assets 11. Tax on certain income (1) Interest from deposits and yield or any other monetary benefit from deposit substitutes. General rule b. Capital gains 12. exchange. Exemptions granted under international agreements 14. Individual Taxpayers Exempt from Income Tax a. 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. Tax on government-owned or controlled corporations.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. agencies or instrumentalities 15. General rules b. Exclude Non-resident Aliens Not Engaged in Trade or Business 13. Taxation of Resident Foreign Corporations a. 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 trustfunds 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. 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 3) Income from the sale. or disposition of lands and/or buildings 2) Passive income not subject to tax d. Taxation of Non-resident Aliens Engaged in Trade or Business a. or other disposition of other capital assets e.

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.Valuation of gifts made in property .multinational companies 16. Kinds 1) Withholding of final tax o certain incomes 2) Withholding of creditable tax at source c. Withholding tax a. Determination of gross gift 10. Fringe benefit tax B. General rule b.Composition of gross gift 11. Time and transfer of properties 6. Classification of decedent 7. Composition of gross estate 10.Estate tax return 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. Taxation of Partnerships 20.Exclusions from estate 13. Definition 3.Items to be included in gross estate 11. Classification of donor 9. Basic principles 2. 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.Filing of notice of death 16. Sale/exchange/transfer of property for insufficient consideration b. Transfers which may be constituted as donation a. 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. Donor’s Tax 1. Taxation of General Professional Partnerships 21. Determination of gross estate and net estate 9. Concept b. Purpose or object 5. Condonation/remission of debt 7.Improperly Accumulated Earnings of Corporations 18.Deductions from estate 12. Creditable withholding tax 1) Expanded withholding tax 2) Withholding tax on compensation h. Purpose or object 5. Definition 3. Exemption from tax on corporations 19. Filing of return and payment of taxes withheld 1) Return and payment in case of government employees 2) Statements and returns f. Basic principles 2.Tax credit for estate taxes paid in a foreign country 14. Nature 4. Nature 4. Taxation of Non-resident Foreign Corporations a. Requisites of valid donation 6. Gross estate vis-à-vis Net estate 8. Withholding of VAT e. Estate Tax 1. Exclude: (1)Non-resident cinematographic film owner. Transfer for less than adequate and full consideration 8.Exemption of certain acquisitions and transmissions 15. Final withholding tax at source g.

Transfer of goods by tax exempt persons 13. Requisites for taxability 14.VAT exempt transactions a.Sources of input tax a. Person liable 15. Distribution or transfer to shareholders.Substantiation of input tax credits 21.12. Manner of giving refund d. Purchase of real properties for which a VAT has actually been paid c. Concept 2.VAT on importation of goods a. Determination of output tax b. Requisites of taxability of sale of goods or properties 9.VAT on sale of service and use or lease of properties a. Excess input tax credits a. Consignment of goods if actual sale not made within 60 days from date of consignment d. VAT on sale of goods or properties a. Presumptive input tax g. Exemptions of gifts from donor’s tax 14.Determination of output/input tax. Determination of input tax creditable c. investors or creditors c. Allocation of input tax on mixed transactions d. Impact of tax 4. use or consumption not in the course of business of goods/properties originally intended for sale or use in the course of business b. Purchase of services in which VAT has actually been paid d. Determination of the output tax and VAT payable and computation of VAT payable or excess tax credits 20. Incidence of tax 5.Invoicing requirements a.Tax credit for donor’s taxes paid in a foreign country 13. Invoicing and recording deemed sale . VAT payable. Value-Added Tax (VAT) 1. Tax basis D. Who may claim for refund/apply for issuance of tax credit certificate (TCC) b. enumerated 16.Change or cessation of status as VATregistered person a. Transfer. Purchase or importation of goods b. defined 17. Zero-rated sales of goods or properties. Persons liable 8. Period to file claim/apply for issuance of TCC c.Persons who can avail of input tax credit 19. Characteristics 3.Input tax and output tax. Retirement from or cessation of business with respect to inventories on hand 11. Invoicing requirements in general b. Transitional input tax f. Tax credit method 6. Transactions deemed sale e. Exempt transaction. Transitional input tax credits allowed under the transitory and other provisions of the regulations 18. 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. Destination principle or Cross-border doctrine 22.Zero-rated sale of services 15. and effectively zerorated sales of goods or properties 10. Destination principle 7. 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. in general b. VAT exempt transactions.Transactions deemed sale a.Refund or tax credit of excess input tax 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. Exhibition of certificate of payment at place of business f. Removal of business to other location 2.Withholding of final VAT on sales to government E. Consequences of issuing erroneous VAT invoice or VAT official receipt 23.Continuation of business of deceased person g. VAT Returns 1) In general 2) Where to file the return e.Filing of return and payment 24. Supplying taxpayer identification number (TIN) d. trustees in bankruptcy or assignees 4) Returns of general partnerships 5) Fiduciary returns b. Tax returns a. 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. Compliance Requirements (Internal Revenue Taxes) 1.transactions c. Donor’s Tax Returns 1) Requirements 2) Time and place of filing d. Administrative requirements a. Withholding Tax Returns 1) Quarterly returns and payments of taxes withheld 2) Annual information return . 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 (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. 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.

and to summon/examine. fraudulent. bonds or rights 4) Duties of certain officers and debtors 5) Restitution of tax upon satisfaction of outstanding obligations c. 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 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. VAT 1) Payment of VAT 2) Where to pay the VAT F. Income Taxes 1) Payment. Collection 1) Requisites 2) Prescriptive periods 3) Distraint of personal property including .3. in general. Tax Remedies under the NIRC 1. 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. 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. Donor’s Taxes 1) Time and place of payment d. and take testimony of persons 3) When assessment is made a) Prescriptive period for assessment (1) False. Tax payments a. Taxpayer’s Remedies a. time of payment 2) Installment payment 3) Payment of capital gains tax b.

Authority of secretary of finance to promulgate rules and regulations b. Compromise and Abatement of taxes a. Abatement G.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 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. Compromise b. Judicial remedies 3. Civil penalties 1) Surcharge 2) Interest a) In General b) Deficiency interest c) Delinquency interest d) Interest on extended payment 4. Statutory Offenses and Penalties a. 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 dateof 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 nonresident foreign corporation 6) Prescriptive period for recovery of tax erroneously or illegally collected 7) Other consideration affecting tax refunds 2. Specific provisions to be contained in rules and regulations c. 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 5) Suspension of business operation 6) Non-availability of injunction to restrain collection of tax b. Rule-making authority of the Secretary of Finance a. Organization and Function of the Bureau of Internal Revenue 1. Non-retroactivity of rulings .

Authority of treasurer in collection and inspection of books 8. Residual taxing power of local governments g. Local taxing authority a. Common limitations on the taxing powers of LGUs 7. fees or charges b. Withdrawal of exemptions e. Collection of business tax a. 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 d. Authority to issue local tax ordinances 3. Nature of real property tax 3. Civil remedies. Penalties on unpaid taxes. Power of the Commissioner to suspend the business operation of a taxpayer III. Taxing powers of barangays e. Procedure for approval and effectivity of tax ordinances 4. Protest of assessment c. Procedure for judicial action B. Community tax 6. Exemption from real property tax 4. Civil remedies by the LGU for collection of revenues a. Scope of taxing power 5. Local Government Code of 1991. Real Property Taxation 1. Fundamental principles 2. Claim for refund of tax credit for erroneously or illegally collected tax. Taxing powers of cities c. Periods of assessment and collection of local taxes. fees or charges b. Taxpayer’s remedies a. Authority to grant local tax exemptions d. as amended A. Local Government Taxation 1. Power to create revenues exercised thru LGUs b. Power to levy real property tax b. in general 1) Administrative action 2) Judicial action c. fee or charge 9. Nature and source of taxing power a. 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. gravel and other quarry services 5) Professional tax 6) Amusement tax 7) Tax on delivery truck/van b. Time of payment d. Appraisal and assessment of real property . Grant of local taxing power under the Local Government Code b. Specific taxing power of local government unit (LGUs) a. Accrual of tax c. fees or charges e. Local government’s lien for delinquent taxes. Imposition of real property tax a. Authority to adjust local tax rates f. Authority to prescribe penalties for tax violations c. Procedure for administrative action 1) Distraint of personal property 2) Levy of real property. Taxing powers of provinces 1) Tax on transfer of real property ownership 2) Tax on business of printing and publication 3) Franchise tax 4) Tax on sand. Fundamental principles 2.2. Tax period and manner of payment b. Common revenue raising powers 1) Service fees and charges 2) Public utility charges 3) Toll fess or charges f.

C. 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. Smuggling 2. Collection of real property tax a. Tariff and Customs Code of 1978. Cargo manifest b. Payment under protest b. General rule: All imported articles are subject to duty. Beginning and ending of importation 2.Actual use of property as basis of assessment g. Declaration of correct weight or value d. Flexible tariff clause E. Conditionally-free importation H. Classification of duties 1. Rule on appraisal of real property at fair market value b. 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. Ad valorem. 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. Importation by the government taxable. Obligations of importer a. Requirements of importation 1. Preparation of schedules of fair market value 1) Authority of assessor to take evidence 2) Amendment of schedule of fair market value e. Liability for payment of duties e. 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. Listing of real property in assessment rolls d. 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. Refund or credit of real property tax a. Repayment of excessive collections 7. Periods within which to collect real property tax d. Appraisal and assessment of machinery 5. Declaration of real property c. Other fraudulent practices G. as amended (TCC) A.tax a. Import entry c. fees or charges 5) Further levy until full payment of amount due 6. Purpose for imposition D. Tariff and duties. Prohibited importation 3. Taxable importation 2. Keeping of records F. Liquidation of duties f. Methods of valuation . defined B. 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. Taxpayer’s remedies a. Date of accrual of real property tax b. Classes of real property f. Ordinary/Regular duties a. Classification of goods 1. Importation in violation of TCC 1.

Distinguished from citizen’s suit c. Retaliatory/Discriminatory duties e. Petition for review on certiorari to the Supreme Court 3. Self-Executing and Non-Self-Executing Provisions 5. Taxpayer a. Jurisdiction of the Court of Tax Appeals 1. Judicial action for collection of taxes a. Cases within the jurisdiction of the Court in divisions 2. Criminal cases a. Cases within the jurisdiction of the Court en banc b. Administrative/Extrajudicial 1) Search. Exclusive original jurisdiction b. Exclusive appellate jurisdiction in criminal cases B. Republic Act 1125 The Act that Created the Court of Tax Appeals (CTA). mode of appeal. Definition. Parts 3. Appeal to the CTA.Remedies 1. The Constitution 1. Petition for review on certiorari to the Supreme Court C. Appeal and period to appeal 1) Solicitor General as counsel for the People and government officials sued in their official capacity c. Nature and Concepts 2. arrest b. Dumping duties b. Specific 2. as amended. Judicial 1) Rules on appeal including jurisdiction 2. Marking duties d. Taxpayer’s suit. Local taxes 1) Prescriptive period 2. Amendments and Revisions 4. Institution and prosecution of criminal actions 1) Institution on civil action in criminal action b. General Considerations . forfeiture. Countervailing duties c. Internal revenue taxes b. 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. a. Government a. Judicial Remedies. Abatement and refund V. and the Revised Rules of the Court of Tax Appeals A. Protest b. Safeguard I. Abandonment c.1) Transaction value 2) Transaction value of identical goods 3) Transaction value of similar goods 4) Deductive value 5) Computed value 6) Fallback value b. Who may appeal. en banc. seizure. Criminal cases a. General Provisions B. 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 2011 BAR EXAM COVERAGE FOR POLITICAL LAW A. Judicial Procedures 1.Drawbacks J. Exclusive appellate jurisdiction over civil tax cases a. defined b. Taxpayer’s suit impugning the validity of tax measures or acts of taxing authorities a. Special duties a. Civil cases a.

Forms of Government C. Legislative Privileges. Powers a. Concepts a. Power of Appointment (1) In General (2) Commission on Appointments Confirmation (3) Midnight Appointments (4) Power of Removal c. Appropriations and Tariff Measures (b) Presidential Veto and Congressional Override b. Separation of Powers 5. Non-Legislative (1) Informing Function D. Military Powers e. Presidential Immunity b. Power of Control and Supervision (1) Doctrine of Qualified Political Agency (2) Executive Departments and Offices (3) Local Government Units d. Judicial Restraint 4. Quorum and Voting Majorities 5. State Immunity 3. Archipelagic Doctrine 2. Checks and Balances 6. Discipline of Members 6. Initiative and Referendum 2. Supreme Court a. Powers of Congress a. Diplomatic Power g. Privileges. Judicial Independence Safeguards 3. Electoral Tribunals and the Commission on Appointments a. Judicial Power b. Delegation of Powers 7.1. Legislative Department 1. Constitutional Commissions . Judicial Department 1. Houses of Congress a. Procedural Rule Making c. Powers 7. Residual Powers E. House of Representatives (1) District Representatives and Questions of Apportionment (2) Party-List System 3. Inhibitions and Disqualifications 4. Inhibitions and Disqualifications a. Executive Department 1. Executive and Administrative Powers in General b. En Banc and Division Cases b. Principles and Policies 4. Appointments to the Judiciary 5. National Territory a. Pardoning Power (1) Nature and Limitations (2) Forms of Executive Clemency f. Nature b. Legislative (1) Legislative Inquiries and the Oversight Functions (2) Bicameral Conference Committee (3) Limitations on Legislative Power (a) Limitations on Revenue. Presidential Privilege 2. Administrative Supervision Over Lower Courts F. Senate b. Who May Exercise Legislative Power a. Judicial Review (1) Operative Fact Doctrine (2) Moot Questions (3) Political Question Doctrine 2.

Limitations b. Due Process a. Commercial Speech g. Freedom of Expression a. Right of Association 12. Eminent Domain a. Private v. Facial Challenges and the Overbreadth Doctrine d. Drug. Right to Information Relative to (1) Government Contract Negotiations (2) Diplomatic Negotiations 11. Constitutional and Statutory Due Process d. Requisites for Valid Exercise c. Hierarchy of Rights e. Similarities and Differences d. Warrantless Arrests e. Abandonment of Intended Use and Right of Repurchase e. Private and Public Communications b. Concept and Application b. Procedural and Substantive Due Process c. Privacy of Communications and Correspondence a.1. Expansive Concept of “Public Use” c. Limitations b. Judicial Standards of Review f. Free Exercise Clause 9. Liberty of Abode and Freedom of Movement a. State Regulation of Different Types of Mass Media f. Institutional Independence Safeguards 2. Equal Protection a. Warrant Requirement (1) Requisites c. Searches and Seizures a. Administrative G. Void-for-Vagueness Doctrine 4. Quasi-Judicial Functions b. Concept b. Access to Court Records d. Return to One’s County 10. Content-Based and Content-Neutral Regulations c. Just Compensation (1) Determination (2) Effect of Delay d. Publication of Laws and Regulations c. Alcohol and Blood Tests 6. Fundamental Powers of the State a. Requisites for Valid Classification 5. Powers and Functions 3. Administrative Arrests f. Non-Establishment Clause b. Government Speech h. Concept b. Concept and Scope (1) Prior Restraint (Censorship) (2) Subsequent Punishment b. Warrantless Searches d. Bill of Rights 1. Private Acts and the Bill of Rights 3. Judicial Review a. Freedom of Religion a. Writ of Habeas Data 7. Right to Information a. Heckler’s Veto 8. Relativity of Due Process b. Concept b. Delegation 2. Miscellaneous Application . Tests e.

Rights of Suspects a. Termination of Official Relation 12. Quasi-Legislative (Rule Making) Power (1) Kinds of Administrative Rules and Regulations (2) Requisites for Validity b. Impartial and Public Trial h. Assistance of Counsel f. Impeachment b. Availability b. Trials In Absentia 17. Right to be Informed g. Right to be Heard e. General Principles 2. Waiver 16. Citizenship 1. Requisites c. Modes of Acquiring Title to Public Office 3. Legal Assistance and Free Access to Courts 15. Rights of the Accused a. Ex Post Facto Laws and Bills of Attainder H. Bail c. The Civil Service a. Scope and Coverage (1) Foreign Laws b. Personnel Actions 13. Writ of Habeas Corpus a. Rights of Public Officers 8. Appointments to the Civil Service c. Motions for Reconsideration and Appeals c. Involuntary Servitude and Political Prisoners 20. Right to Speedy. Preventive Suspension and Back Salaries b. Writ of Amparo 18. Powers of Administrative Agencies a. Immunity Statutes 19. Sandiganbayan d. Excessive Fines and Cruel and Inhuman Punishments 21. Contemporary Application of the Contract Clause 14. Self-Incrimination Clause a. Compulsory Process j. Term Limits J. Immunity of Public Officers 10. General Principles 2. Requisites b. Loss of Citizenship 4. Repatriation I. Modes and Kinds of Appointment 4. Application c. Criminal Due Process b. Double Jeopardy a. Contract Clause a. Disabilities and Inhibitions of Public Officers 6. Naturalization and Denaturalization 3. Right of Confrontation i. Administrative Agencies 3. Quasi-Judicial (Adjudicatory) Power (1) Administrative Due Process (2) Administrative Appeal and Review (3) Administrative Res Judicata . Illegal Dismissal. De Facto Officers 11. Liabilities of Public Officers a. Eligibility and Qualification Requirements 5. Ombudsman (1) Judicial Review in Administrative Proceedings (2) Judicial Review in Penal Proceedings c. Reinstatement and Back Salaries 9. Powers and Duties of Public Officers 7. Administrative Law 1. Non-Imprisonment for Debts 22. Scope b. Presumption of Innocence d. Accountability of Public Officers a. Ill-Gotten Wealth 14.13. Natural-Born Citizens and Public Office 2. Dismissal with Consent of Accused 23. Law on Public Officers 1.

Legislative Power (1) Requisites for Valid Ordinance (2) Local Initiative and Referendum f. Inclusion and Exclusion Proceedings 5. Concept (1) Distinguished from Government-Owned or Controlled Corporations (GOCCs) b. Merger or Dissolution 3. Conversion. Classifications 1. Suffrage 2. Elements b. Closure and Opening of Roads e. Pre-Proclamation Controversy d. Requisites for Creation. Prohibited Contributions 8. Settlement of Boundary Disputes i. Doctrine of Finality of Administrative Action K. Judicial Recourse and Review a. Nationalist and Citizenship Requirement Provisions 3. Board of Canvassers 9. Development and Utilization of Natural Resources 4. Division. Police Power (General Welfare Clause) b. Local Governments 1. Petition to Declare Failure of Elections c. Recall l. Candidacy a. Petition Not to Give Due Course to Certificate of Candidacy b. Eminent Domain c. Principles of Local Autonomy 4. Election Law 1. Regalian Doctrine 2. Quo Warranto 10. Doctrine of Exhaustion of Administrative Remedies c. Election Protest e. Fact-Finding. Public Corporations a. Registration of Voters 4. Liability of LGUs h. Licensing and Rate-Fixing Powers 4. Political Parties 6. Premature Campaigning b. Succession of Elective Officials j. Investigative. National Economy and Patrimony L. 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. Doctrine of Primary Administrative Jurisdiction b. Exploration. Authority and Certificates for . 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. 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.c. Campaign a. Qualification and Disqualification of Voters 3. Municipal Corporations a. Term Limits M. Prosecution of Election Offenses (1) Quasi-Corporations (2) Municipal Corporations 2. Remedies and Jurisdiction in Election Law a. Taxing Power d. Qualifications of Candidates b. Nature and Functions c. Franchises. Powers of Local Government Units (LGUs) a.

Treaties 7. Law on Neutrality 11. Private and Public 8. Individuals 5. Social and Cultural Rights (ICESCR) 10. Social Justice and Human Rights 1. Science. International Environment Law a. Territorial Sea e. Culture and Sports 1. Universal Declaration of Human Rights b. Jus Cogens c. Law of the Sea a.Public Utilities 5. Arts. Public International Law 1. Sources 4. Extradition (1) Fundamental Principles (2) Procedure (3) Distinguished from Deportation 9. Baselines b. Commission on Human Rights O. Obligations Erga Omnes b. and principles they need to know and be able to use correctly before they can be licensed to practice law. Internal Waters d. International Organizations c. 2011 BAR EXAM COVERAGE FOR CIVIL LAW I. Acquisition. Concept of Social Justice 2. Practice of Professions 7. Technology. Categories of Armed Conflicts (1) International Armed Conflicts (2) Internal or Non-International Armed Conflict (3) War of National Liberation b. Concepts a. Treatment of Aliens a. Nationality and Statelessness 8. Restraint of Trade and Unfair Competition N. doctrines. Exclusive Economic Zone f. Academic Freedom P. More is required for excellent and distinguished work as members of the Bar. Diplomatic and Consular Law 6. Core International Obligations of States in IHL c. International Humanitarian Law (IHL) and Neutrality a. Subjects 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. Continental Shelf (1) Extended Continental Shelf g. Principles of IHL (1) Treatment of Civilians (2) Prisoners of War d. Tribunal of the Law of the Sea 12. Archipelagic States (1) Straight Archipelagic Baselines (2) Archipelagic Waters (3) Archipelagic Sea Lanes Passage c. Organization and Regulation of Corporations. International Covenant on Economic. Effect and Application of Laws – New Civil Code . Education. International Human Rights Law a. Ownership and Transfer of Public and Private Lands 6. Monopolies. States b. Concept of Aeguo Et Bono 2. 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. International and National Law 3. International Covenant on Civil and Political Rights (ICCPR) c.

13 K. Restrictions on Capacity to Act. 5 a. Formal – Arts. 20. relative to Divorce. Marriage Certificate. 21 b. 1988) EXCLUDE: Muslim Code. NCC Art. Essential – Art. 26 (2) II. Arts. Solemnizing authority. Incestous marriages. 31-32. 31. Prejudicial Questions – EXCLUDE: to be covered by Remedial Law PERSONS I. Presumption and Applicability of Custom. NCC Art. 10 a. Art. Void Marriage – Arts. 12-19. Subsequent marriage. Kinds of Requisites. 8 H. Sec. Capacity to Act 1. Art. 5 E. 37 2. Judicial Decisions. Arts. NCC 50-51 II. 35 (2) 8.A. 2-3 3. 19-22. NCC Art. Independent Civil Actions – EXCLUDE: to be covered by Remedial Law C. Repeal of Laws. 36 c. 3 (jj) presumption of Survivorship EXCLUDE: NCC 44-47 B. NCC 40-41 4. Birth. (PD 1083) A. 35 b. NCC Art. 1 2. 52-3 a. 15-18. Marriage – Family Code (Aug. Domicile and residence of person. 36-8. 5 5. Art. Art. 9. Psychological incapacity. Nature of Marriage. 27. NCC Art. Human Relations – New Civil Code A. 34 9. Retroactivity of Laws. Mandatory or Prohibitory Laws. Art. NCC Art. Duty to Render Judgment. 9 I. 26 a. Age. NCC Art. NCC Art. 37-38 2. Death. 26 C. License Required – Arts 3 (2). NCC 3839 3. NCC Art. Art. Absence of Requisites. 4 4. Conflict of Laws. NCC Arts. 40-44 . 3 C. Requisites 1. 6 6. NCC Art. 43 with Rule 131. 23-25 B. Arts. 22 EXCLUDE: Duties of a Civil Registrar. Art. Ceremony. NCC Art. Effect of absence of requisites. 7. Ignorance of the Law. Foreign National – Art. 14 L. 35. Art. Civil Personality. NCC Arts 10-12 J. 7-8. Compare Art. Art. relative to breach of promise to marry B. Arts. 7 G. Art. Waiver of Rights. Art. When law takes effect. 2 B. Exceptions – Art. Applicability of Penal Laws. Exceptions – Arts. Persons and Personality – New Civil Code A. 3. 32 7. Effect of Marriage celebrated abroad and foreign divorce. Prescription. 4 D. 39 3. Legal Periods. NCC Art. 6 F. 5. NCC 42-43 a. Void and Voidable marriages 1. 11.

87 D. Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage. 71 E. Republic Act. Effects of nullity. 82-83. Administration. Arts. Art. Reconciliation efforts. 14. Art. Art. Marriage Settlements. Arts. Conjugal Partnership Property. 60 F. 50-54 EXCLUDE: SC Rules on Procedure (Nullity and Provisional Orders). Conjugal Partnership of Gains 1. Arts. Arts. 149-151 B. Arts. 102-104 E. Arts. 70 D. Presence of prosecutor. Family domicile. The Family as an Institution. 134-142 G. Arts. Arts. Void donations by the spouses. Defenses. 58 D. Charges Upon and Obligations of the Community Property. 129-133 F. Dissolution of Community Regime. RA 9710. AntiViolence Against Women and Children B. 121-123 5. Arts. 61 G. Art. Art. Exclusive Property of Each Spouse. Arts. 49 8. 68 B. 65-67 EXCLUDE: SC Rules on legal separation IV. Enjoyment and Disposition of the Community Property. Arts. Arts. Arts. Arts. Art. 152-165 . An Act Promoting the Integration of Womens as Full and Equal Partners of Men in Development and Nation Building. Liquidation of the Absolute Community Assets and Liabilities. 50 C. Art. Effects of Filing Petition. 86. 96-98 5. Property Relations of the Spouses A. 55. Art. 143-146 H. Anti-Trafficking in Persons Act III. Arts. Confession of Judgment. RA 8187. 45-47 6. 88-90 2. Art. Cooling-off Period. Absolute Community of property 1. Legal Separation A. 126-128 7. 109-115 3. 116120 4. 62 H.4. 124-125 6. Art. Arts. The Family Home. Reconciliation. R.A. 73 EXCLUDE: R. Effect of neglect of duty. 63-64 I. Art. Pendency of action. Voidable marriages. Art. An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign Nationals. Administration of the CPG. Effects of legal separation. Ownership. RA 9208. 59 E. Essential Obligations. Arts. 94-95 4. Art. What constitutes Community Property. 48 7. 6955. Support. Arts. An Act Granting Paternity Leave. 72 F. Dissolution of CPG Regime. 147-148 VI. Arts. Regime of Separation of Property. 91-93 3. Arts. 76-81 B. 9262. Art. 43(3). Donations by Reason of Marriage. Arts. Magna Carta for Women V. 99101 6. Liquidation of the Conjugal Partnership Assets and Liabilities. Rights and Obligations Between Husband and Wife A. 69 C. Arts.A. The Family A. 7192. Effects of pendency. Annullable marriage. Grounds. Property Regime of Unions Without Marriage. 45-46 5. Arts. Exercise of profession. Management of household. General Provision. 75-85. Arts. General Provisions. Arts. Charges upon and obligations of the CPG. Art. 56-57 C. Art. 105-108 2.

Parental Authority A. 199-200. 157. Arts. 02-6-02-S. General Provisions. 204 G. Effects of Parental Authority upon the Property of the Children. Arts. RA 8972 – Solo Parents Act. Suspension or Termination of Parental Authority. Adoption EXCLUDE: Family Code. 194 B. Arts. Arts. 163-171 B. 234 and 236. 228-233 RA 7610 – Child Abuse Law XI. Arts.Country Adoption 1. Art. Support during marriage litigation. 216-219 C. Rights of an adopted child – include FC. Amount. 2002). 206-208 C. as amended by RA 6809 XII. RA 8980 – Policy for Childhood Care D. Arts. 256 EXCLUDE: Arts. 176 as amended by RA 9255 D. Who can Adopt 2. Substitute and Special Parental Authority. Arts. Art. Options. Arts. 195-197. Art. 201-202 E.C. Final Provisions – Retroactive effect. 225-227 EXCLUDE: RA 9231 – Child Labor Law (to be covered by Labor Law) E. 203 F. Summary Judicial Proceedings in the Family Law XIII. Effect of Parental Authority upon the Persons of the Children. 209-215 B.EXCLUDE: Arts. 254-255. Attachment. What it Compromises. Legitimate Children. Arts. (Aug. RA 8552 – Domestic Adoption Law 1. Who can be adopted IX. Who are Obliged. Art. Paternity and Filiation A. RA 9523 – requiring certification of the department of DSWD to declare a “child legally available for adoption” B. The Law on Inter. 198 D. 257 . Art. Rescission of adoption EXCLUDE: AM No. Arts. 175 and Art. Proof of Filiation. 177-182 EXCLUDE: SC Rule on DNA Evidence VIII. 205 X. 189 and 190 on successional rights 4. Who can adopt 2. 161 and 162 VII. Rule on Custody of Minors. Legitimated Children. Arts. 22. 183-188. Illegitimate Children. 220-224 EXCLUDE: Rule on Guardianship of Minors. RA 8043. Art. Support A. Art. Emancipation Arts. 172-174 C. Who can be adopted 3. 191193 A. When Demandable. Arts.

356-363 XV. Arts. NCC Arts. Arts. Lands adjoining river banks a. Fruits –Arts. 459-463 4. 41 Family Code A. 305-301 EXCLUDE: Care and Education of Children. Funeral. planter. Of private ownership a. By Owner PROPERTY I. 438-9 B. 461-246. No. Alluvion – Art. Rules of Court EXCLUDE: Act. 441-4 2. Art. Personal or Movable D. Characteristics II. Civil Registrar A. Arts. arts. 381-383 B. Islands – Arts. Use of surnames Arts. Administration of the Property of the Absentee. Rule 108. Art. 449-450 b. 390-392 EXCLUDE: Arts. 384-389 C. 369-380 (other articles repealed by Family Code) XVI. By Object 1. 448-456 (2) Builder. IRR of RA 9048 1. Hidden Treasure – Arts. 457 b. Provisional measures in Case of Absence. Arts. Absence – NCC Art. planter. RA 9048-clerical errors C. With respect to Immovable Property a. 440 1. Presumption of Death. Builder. Change of course of river – Arts. 393-396. Avulsion. 364-369. 375. Classification – Arts. By Nature . 579 3. 407-413 B. Usufructuary. contingent assets XVII. 464-465 C. Right of Accession – Art. Real or immovable 2.Arts. Of public dominion 2. 387-389 D. planter. sower on land of another in concept of owner (1) Builder. Arts. Declaration of Absence. 43. see Water Code PD 1067 c. Patrimonial property – distinction between private property of individual persons. sower in good faith – Arts. sower in bad faith – Arts.XIV. 415-418 A. and of State entities E.

derivative 1. vindicandi. eminent domain. original. abutendi. islands) 2. fruendi. specification) b. Accession continua (conjuction. nuisance. sic utere tuo. Specific Limitations – imposed by law. For movables: a. Distinction between real and personal rights B. Bundle of rights a. accion publiciana. rivers. General limitations – taxation. police power 2. Right to hidden treasure B. Requirement B. mortgages imposed by contract IV. Accession natural (accretion. Quieting of title to/interest in and removal/prevention of cloud over title to/interest in real property A. islands) c. disponendi (possidendi) (1) Actions to recover ownership and possession of real property (a) Distinctions between accion reivindicatoria. Co-ownership C. Rules for determining the principal and accessory V. Right in general 1. accion interdictal (b) Distinction between forcible entry and unlawful detainer (2) Actions for recovery of possession of moveable property (3) Requisites for recovery of property – proof of right. Ownership A. adjunction. avulsion. General Rules: 1. commixtion/ confusion. reliance on strength of own evidence not weakness of defendant’s claim 2. Fungible/non-fungible III. Accession discreta (natural and industrial civil fruits) and continua (over immovables: artificial/industrial and natural) b. Modes of acquiring ownership 1. For immovables: a.1. Prescription/non-prescription of action VI. Consumable/non-consumable vs. easements voluntarily imposed by owner: servitudes. Jus utendi. Accession A. Accession industrial (building. Characteristics of co-ownership . identity. Distinction between quieting title and removing/preventing a cloud C. Limitations A. avulsion. rivers. stat of necessity.

549. Possession (1) Condominium corporation (2) Interest in real property (3) Concept of common areas. Rights of the possessor 6. Concept of condominium 1. Effects of Possession 1. 1132. holder. In general 2. Possessor in Good Faith – Arts. Possessor in Bad Faith – Arts. Special rules: a. 1505 (3) C. 1133 2. 526-527 a. Loss/termination D. Finder of Lost Movable – Arts. taxes) 5. Right to pending fruits – Art. Acquisition of Possession – Art. Right to redemption of co-owners share G. Right to be reimbursed (1) Necessary and useful expenses – Arts. Distinguished from voidable title – Art. Loss or Unlawful Deprivation of a Movable – Arts. 546-547 (2) Expenses for pure luxury – Art. Source of co-ownership D. 552 B. Rights against individual co-owners in case of partition 3. Rights of co-owners 1. Right to contributions for expenses (necessary expenses. 531 C. amendment (4) Documents to consider (master deed. in one’s own name. In concept of owner. Period to Recover – Arts. Partition in case co-owners cannot agree VII. Effect of partition 2. Rights and obligations of condominium owner (1) Contributions/Dues (2) PD 957 and RA 6552 c. Waiver F. 1134. in name of another . Termination/extinguishment 1. 559. 449. Right to oppose acts of alteration 3. 544.1. 1140. or dissolution of the condominium A. Distinction between right to property owned in common and full ownership over his/her ideal share 2. 719-720 3. 1506 E. declaration of restrictions. articles and bylaws of the condominium corporation or the association where applicable b. 548 2. Characteristics B. Grounds for partition of common areas. Right to partition 4. 545 b.

How made and accepted b. 615-616 3. Classification 1. Effects of donation/limitations XI. Right of way 4. Donation a. Void Donations – Arts. 739-740. 748 (2) Immovables – Art. donee X. Excessive/inofficious d. Scope of amount – Arts. Kinds A. Rights of the owner E. Qualifications of donor. Donation Inter Vivos – Art. Extinction/termination IX. Occupation – Art. Definition – Arts. 759 a. 82-83. Reservations and reversions . 749 1. Usufruct 1. Effect of Zoning ordinance C.VIII. Voluntary easements – Art. Rights and obligations of usufructuary D. 476-480 XII. 669-673 5. Compulsory easements – Arts. 750-752 e. 725-6. 729 b. In general b. conditional 2. 1027 B. Classification C. 746 A. Double donations c. Characteristics a. personal properties a. Extent to which donor may donate property b. Modes of Acquiring Easements (1) Movables – Art. Formalities required 2. Easements – Arts. 728 d. modal. 713 7. 620-624 2. Action to Quiet Title – Arts. 712 A. In fraud of creditors – Art. Perfection c. Nuisance – Art. 733 e. Characteristics B. 694 6. Donation By Reason of Marriage – Family Code Arts. Donation Mortis Causa –Art. Easement of light and view – Arts. 613. 86 c. Simple. Characteristics B. Modes of Acquiring Ownership – Art. Legal easements a. Differences between formalities for donation of real. Onerous Donation – Art. 688 a.

Grounds for revocation. 1142-1149 IV. Definition –Art. 1143. 1410 F. Requisites – Arts. 4. Action legal to demand a right of way – Art. 1134. grounds for reduction b. Characteristics 2. By Offender – Art. Ingratitude – Arts. Void contracts – Art. 1132 second par. Prescription e. 765. Classification C. How done c. 771775 f. Action to quiet title if plaintiff in possession E. Property of public dominion A. 1129-1130 3. Action to demand partition – Art. To abate a nuisance D. Extraordinary – Arts. No Prescription Applicable A. Other actions – Arts. What cannot be required by acquisitive prescription B. 1132. 1118-1125 5. Just title – Arts. 1137. Registered Lands – PD 1529 C. Definition II. To recover movables – Art. Requisites 3. 494 1. 649 2. Effects d. 1133 B. Elements of an Obligation . Extinctive 1. Acquisitive – Art. Interruption – Art. Revocation or reduction a. 1127 b. 769 EXCLUDE: Intellectual Creations – to be covered by Mercantile Law PRESCRIPTION II. Innofficious Donations – Arts. 1155 V. Period – Arts. 1117 III. Characteristics 2. Ordinary a. Good Faith – Art. NCC 1. Nuisance A. 1106 G. 1138 6. Prescription or Limitation of Actions 1. Art. Remedies OBLIG ATIONS I. 760-761. To recover immovables – Art.8. Distinguished from laches I. 1141 C. 1140 B. Periods A. Definition B.

An indeterminate or generic thing B. requisites . unless a purely personal act a. Complete failure to perform 2. Obligation to give 1. 1652. Accion pauliana c. 19982002) 5. Mora accipiendi c. Different Kinds of Prestations IV. Damages. 1729. Subsidiary remedies of creditors (Art. 1156-7 A. Contravention of the tenor of obligation 6. Breaches of obligations 2. Rescission (resolution in reciprocal obligations) 1. Extra-contractual Obligations VI. Natural Obligations C. Accion subrogatoria b. Kinds of civil obligations a. Sources of Obligations – Arts. Classification of Obligations V. Obligation to do or not to do C. 1893) a. Legal excuse for breach of obligation – fortuitous event. Nature and Effect of obligations D. Specific Performance 1. Substituted performance by a third person on obligation to deliver generic thing and in obligation to do. delay or mora – no default unless creditors make a demand. 1169) a. Negligence (culpa) in the performance of 3. 1177) a. exceptions common carriers requiring extraordinary diligence (Arts. Pure – Arts. in any event 4. Waiver of future fraud is void (Art. A single act or omission can give rise to different causes of action B. Accion directa (Arts. A determinate or specific thing 2. 1179-1180 4. Exceptions (Art. Diligence normally required is ordinary diligence or diligence of a good father of a family. Compesatio morae 3.obligation III. Mora solvendi b. 1171) A. Remedies available to creditor in cases of breach A. Fraud in the performance of obligation VII. Default. 1608.

1189). Suspensive period. 1187). effect suspensive period is for the benefit of both debtor and of creditor. 1181 1. Obligations subject to potestative suspensive conditions are void (Art. there is mutual agency among solidary debtors (Arts. Obligation cannot be performed in parts but debtors are bound jointly 2. 3) C. 1182) 4. Joint (divisible) obligation 1. 1199 1. if given to debtor alone. Obligation with a period or a term – Art. Creditor must ask court to set the period. others not liable for his share (Art. Conditional – Art. Suspensive condition 2. 1207) b. Each credit is distinct from one another. Obligation presumed to be divided into as many equal shares as there are creditors or debtors c. Effect of loss of specific thing or deterioration or improvement of specific thing before suspensive condition (Art. 1209) B. Joint and Solidary obligation A. Anyone of the solidary creditors may collect or demand payment of whole obligation. Resolutory condition 3. through fault of debtor/creditor or through fortuitous events VIII. Effect of loss of specific things or impossibility of performance of alternative. Insolvency of a joint debtor. unless otherwise indicated by the law or nature of obligation (Art. Joint obligation is presumed. Alternative or Facultative – Art. debtor losses benefit of period in any of the five cases in Art. 1209) d. In case of failure of one joint debtor to perform his part (share). 1214. 1193 1. if this occurs in resolutory condition in obligation to do or not to do (1190. Instances when courts may fix the period (Art. although he may pay if he wants to (Art. before he can demand payment D. therefore a joint debtor cannot be required to pay for the share of another with debtor. Joint Indivisible Obligation 1. Concurrence of two or more creditors and or two or more debtors a. Any of the solidary debtor may be . 1215) 2. Solidary obligation 1. Potestative – casual or mixed a. Resolutory period 3. 1198 – obligation retroact to the day of its constitution 2. Definite or indefinite period a. resolutory condition – no retroactivity 5. par.B. unless given in favor of one of them. Effect of the happening of suspensive condition (Art. 1197) b. there is default but only debtor guilty shall be liable for damages C. Difference between alternative and facultative obligations 2.

1356. Antichresis – Art. Compensation 1. 1270 2. Voluntary – Art. Extraordinary inflation or deflation – Art. 1256-1261 B. 1272 E. 1216. 1225 E. 1357. but not anything prejudicial to them (Art. Essential Requisites – Art. Real C. 1282 d. Facultative 2. Stipulation limiting common carrier’s duty of extraordinary diligence to ordinary diligence – Art. 1275. 1222) 3. 1283 e. 1773 3.required to pay the whole obligation. Condonation or Remission of Debt – Art. 1874 5.1771. confusion or remission of debt executed by any solidary creditor shall extinguish the obligation without prejudice to his liability for the shares of the other solidary creditors D. Payment – Arts. 2134 4. Each one of solidary creditors may do whatever maybe useful to the others. Tender of Payment and Consignation – Arts. Extinguishment of Obligations A. 1278. 1272. 1358 IV. 12871288 F. 1291-1304 CO NTRACTS I. 1266-1267 C. Divisible and Indivisible – Art. Form of payment – Art. 1212). Legal compensation – Arts. 1274 D. 1250 4. Agency to sell real property or an interest therein – Art. Kinds of Contracts A. 1249 3. Chattel mortgage 8. 1261 II. 1217. Obligations with a Penal Clause – Arts. there is mutual guaranty among solidary debtors (Arts. Express – Formality of Donation – art. Stipulation to charge interest – Art. 1282 c. Novation – Arts. 748-749 2. 1262. Agreement – Art. any novation. Formal or Solemn 1. 1245 2. 1252-1254 5. compensation. Partnership where real property contributed – Arts. 1226. Sale of large cattle III. Implied – Arts. Loss of Determinate Thing Due or Impossibility or difficulty of performance – Arts. 1236-1238 1. Dation in payment – Art. 1228-1230 IX. Defective Contracts . 1279 a. Consensual B. however. Donations – Arts. Judicial – Art. Obligations not compensable – Art. Formality – Arts. Application of payment – Art. 1286-1290 b. Kinds – Arts. 1270 1. 1744 7. 1956 6. 1271. Confusion – Arts.

1474 F. 1397. Preparatory – Art. Earnest money vs. Relative incapacity: Married Persons D. 14031407. 1327. Requisites of a valid subject matter – Arts. 1482 VI. Rescissible Contracts – Art. 1479 A. Right of First Refusal 4. 1399 C. 1505 C.Arts. Perfection – Arts. Offer – Art. 1355. 559 . option money – art. Essential Requisites of a Contract of Sale – Art. 1475 2. 1346 1. 1319. Subject Matter A. 1165 E. 1505. 1462. 1479. Parties to a Contract of Sale A. Introduction A. 1459-1465 B. Requisites for a valid price C. Manner of payment must be agreed upon G. Formalities of the Contract – Art. Contract of Sale/Contract to Sell II. Capacity of parties – Arts. Meaning of price – Arts. Obligations of the Seller to Transfer Ownership A. 1325. Effect of Contracts – Art. How price is determined D. 2088. Sale is Title and Not Mode G. 1479 B. Stages of Contract of Sale D. 1381 1. 1409. Formation of Contract of Sale A. 1191 B. Exceptions B. 1458. 1470 B. Sale Distinguished From Other Contracts H. Sale by a person having a voidable title – Arts. Mutual Promise to Buy and Sell – Art. Voidable Contracts – Arts. Definition of Sales – Arts. 1390 2. Characteristics of a Contract of Sale F. Pactum commissorium . 1469-1474 B. 1799 V. 2130 3. 1326 C.III. Void Contracts – Arts. Special disqualifications – Arts. Obligations Created – Art. Price SALES I. 1390-1402 C. 2130. Pactumleonina – Art. When no price agreed – Art. 1491-1492 1. 1459 1. 1489-1492 B. Sale by a person not the owner at time of delivery – Arts. 1328-1344. 1317 D. 1475. Absolute incapacity – Arts. 1324 3. 1311 V. Unenforceable Contracts – Arts. Option Contract – Arts. Difference with Rescission (resolution) under Art. Pactum de non alienando – Art. 1403 (d) A. Inadequacy of price – Arts. Particular kinds IV. 1506. 1470 E.

When loss occurred at time of perfection – Arts. and documentary tax registration fees VIII. 1525 B. 1599 XIII. Sale of Immovables . Remedies of the Seller – Arts. When loss occurred before perfection C. sec. Rules on levy/garnishment of goods – Arts. Maceda Law: Sale of Immovables on Installment C. Purpose of documents of title C. 1522. 1484-1486 1. Warranties of seller of documents of title – Art. Definition of unpaid seller – Art. Remedies of the Buyer A. Sale of Movables – Arts. 1189 B. Recto Law: Sale of Movables on Installment – Arts. Documents of Title A. Buyer’s options in case of breach of warranty – Art. Inspections and Acceptance B. 24 b. Kinds of delivery D. Non-negotiable documents of title E. Definition – Art. 1539. Manner of Transfer – Arts. Sale of Immovables – Arts. Risk of Loss A. 1537. 1519. Breach of Contract A. payment of capital gains tax. 1516 F. Transfer of Ownership A. Warranties A. Sale of Immovables a. When loss occurred after perfection but before delivery E.(e) VII. Accompanied by vendors duplicate certificate of title. When ownership is transferred – Art. Negotiable documents of title D. 1544 E. 23. 1520 X. Implied warranties – Art. Requisites for registration of deed of sale in good faith 2. Sale of Movable 2. 1514. Effects of warranties D. Express warranties B. Delivery of thing sold 1. 1480 2. Sale of Movables B. Property Registration Decree 1. 1477. 1594 1. 1547 C. 1493 and 1494 D. Effects of waivers E. General rule – Arts. Performance of Contract A. When delivery does not transfer title C. 1636 B. 1496-1501 B. Remedies of an Unpaid Seller XI. 1504 IX. Double Sales – Art. 1636. PD 957. 1263. 1543 3. Payment of price XII. Remedies of unpaid seller 1.

(Arts. 1231 B. Retail Trade and Liberalization Act. The Condominium Act (RA 4726) EXCLUDE: Electronic Commerce Act. 815-817. Period of redemption – Art. 804 I. 819 (1) See Law Governing Substantive Validity – Arts. Common requirements – Art. 1616 G. Distinguish from option to buy – Art. Legal redemption – Art.Arts. 1600. Succession occurs at the moment of death – Art. Legatees – Art. In General a. General Provisions (Arts. 16. 820-824 (1) Personal Act. Non-delegability of willmaking – Arts. Notarial Wills (1) Arts. 1602-1604 D. Equitable mortgage – Arts. 798-801 3. Soundness of Mind. 797 b. 783787) (1) Requirements – Arts. 1602 E. Testamentary Succession A. Age Requirement – Art. Formal Validity Rules . 15. 788-795 2. Bulk Sales Law SU CCESSION b. 809 (4) Requisites – Arts. 781 B. 774-780) A. 782 II. Public Land Law. Conventional redemption – Art. 787. Age redemption – Art. 807-808 (3) Substantial Compliance – Art. 1601 C. Definition and characteristics . Exercise of the right to redeem – Art. 1619 H. Presumptions – Arts. Wills d. 784-785. 1619 XV. Causes – Arts. Extinguishment of the Sale A. exception – 786 (2) Rules of Construction and Interpretation/Law Governing Formal Validity – Art. 17. 796-803) a. Holographic Wills 1. 805-806 (2) Special rules for handicapped testators – Arts. Kinds of Successors – Heirs. 776. 777 C. Testamentary Capacity and Intent – (Arts. 774. 1039 . 1606 F. The Law on Sale of Subdivision and Condominium (PD 957) XVI.XIV. Form a. Devisees. Definition/What is transmitted – Arts. 811 (1) In Writing (2) Language/Dialect Requirement c. 810-814 (2) Witnesses Required for Probate – Art.

Preterition – Definition. 854 3. 814 e.Alterations. Grounds for Denying Probate – Art. Definition – Art. 887-903 3. Codicils. Institution of Heirs (Arts. 839 5. Requisites and Effects (Art. 906-918 5. Provisions Common to Testate and Intestate Succession – Arts. Preterition vs. 918 b. 992 IV. Definition and Formal Requirements – Arts. 960-969 1. Compulsory Heirs and Various Combinations – Arts. 1015-1105 . 871-885 E. Allowance and Disallowance of Wills (Arts. 922 (2) Rights of descendants of person disinherited – Art. 886-914) 1. 838-839) a. Disinheritance without cause . 970-977 B. Simple Substitution – Art. 858-860 3. Concept – Art. Reserva Troncal – Art. Disinheritance for cause – Art. Fideicommissary Substitution – Arts. Legacies and Devisees – Arts. 825-826 5. 855. kinds (Art. 919 (1) Reconciliation – Art. Legal or Intestate Succession – Arts. 818-819 4. 838 (1) Issues to be Resolved in Probate Proceedings – Art. 840-856) III. General Provisions – Arts. 859 4. 854) 2. Requirements – Art. Order of Intestate Succession – Arts. Definition – Art. Kinds – Arts. 9601014 1. 886 2. Conditional Testamentary Dispositions and Testamentary Dispositions with a Term – Arts. Res Judicata on Formal Validity 1. 839 (a) Exceptions – when practical considerations demand the intrinsic validity of the will be resolved (2) Effect of Final Decree of Probate. Disposition less than Legitime/Donation Inter Vivos – Arts. Disinheritance a. 891 4. Substitution of Heirs (Arts. devisees only entitled to completion of legitime C. Compulsory Heirs in the Direct Line 4.Art. 923 b. 869 D. Legitime (Arts. Relationship – Arts. 863866. Right of Representation – Arts. 830) 7. 963-969 2. Probate Requirement – Art. 857 2. 857-870) A. Joint Wills – Arts. 9781014. Effects of Preterition. 828-834). 924-959 B. Incorporate by Reference 6. Revocation (Arts.

1097. Disinheritance C.J. Irrevocable agency – Arts. Definition B. Definition and Requisites – Arts. Professional partnership A. Persons Incapable of Succeeding – Arts. 1877-8 PARTNERSHIP I. Elements C. Collation – Arts. Universal vs. 1100. Partnership v. 1897-1902 B. Partnership by estoppel H. Definition B. Partition and Distribution of Estate – Arts. 1015-1023 II. Capacity to Succeed by Will or Intestacy (Arts. Management – Arts. Partnership term F. Joint Venture I. 1080 2. 1800-1803 A. General vs. 1079. 1091. Dissolution – Art. 1078-1105 1. General vs. To bind principal – Arts. 1883 III. Implied Agency IV. Limited G. Acceptance and Repudiation of the Inheritance – Arts. Effects of Partition – Arts. Rights and obligations of partners among themselves B. Special Agency VI. 1927-1930 XI. Modes of extinguishment . Partition – Arts. How partnership is formed E. 1041-1057 D. 1061-1062 E. 908-910. Right of Accretion – Arts. Agency requiring special power of attorney VIII. 1104-1105 EXCLUDE: Executors and Administrators (Arts. Rights and obligations of partnership 1. Partition inter vivos 3. Particular. Express vs. Agency by operation of law IX. Definition of agency II. Rights and obligations of a limited partner EXCLUDE: Questions requiring application of SEC opinions or regulations AGENCY I. Powers – Art. 1027. Contract of partnership A. 1032 2. 1024-1040) IV. Exception – Art. Rights and Obligations of Principal X. Agency couched in general terms VII. How limited partnership is formed/amended C. Agency by estoppel V. Rules to determine existence D. 1015-1016 III. Obligations of partnership/partners to third persons 1. Unworthiness vs. 1830 VI. 1058-1060) – to be covered by Remedial Law V. 739. Limited partnership A.

2115 H. Pledge by Operation of Law – Art. Necessary deposit C.CO MPROMISE I. Effect – Arts. Obligation of pledge E. Pledge A. Interest and the suspension of Usury Law II. Definition – Art. Mutuum B. Loan A. Essential requirements D. 2140. Exempt Property D. Registration VIII. 2037. Definition and characteristics B. Judicial deposit III. Void Compromise – Art. Foreclosure CREDIT TRANSACTIONS I. Preferred Credits on Specific Movables C. Order of preference of credits X. Distinguished from Chattel Mortgage – Arts. 21212122 I. Nature and extent of guaranty B. Solutio Indebiti . 2096 G. 2035 III. Legal and judicial bonds IV. Guaranty and Suretyship IX. 2112. Definition A. Quasi-Contracts A. Definition and characteristics B. Concurrence and Preference of Credits A. Negotiorum Gestio B. 2041 B. Classification of credits E. Chattel Mortgage A. Kinds C. Insolvency Law VI. Commodatum vs. Effects of guaranty C. Antichresis A. Definition and characteristics B. 2028 II. Extinguishment of guaranty D. 1484 V. Perfection – Arts. Obligations of antichretic creditor VII. Voluntary deposit B. Obligations of Bailor and Bailee C. Deposit A. 2093. Meaning of concurrence and preference B. Essential requisites C. Real Mortgage A. Rights of pledgor F. Foreclosure – Arts.

Regalian Doctrine A. Orders and Partitions. Lease of things II. Citizenship Requirement A. Involuntary dealings VI. Obligation in case of death/injury of laborers VIII. Involuntary insolvency EXCLUDE: Warehouse Receipts Law. Administrative structure of the Register of Deeds. Torrens System A. Certificate of Title . Concept and background B. Definition of insolvency B. Concept of native title. Subsequent Registration A. Under PD 1529 2. Registration C. Under CA 141 3. Qualified persons B. Assurance Fund. Registration of judgments. Voluntary dealings B. Original Registration A. Rights and obligations of lessor and lessee V. Voluntary insolvency D. Lease of work or services III. Lease of rural and urban lands A. Concept B. Dealings with Unregistered Lands EXCLUDE: History of land laws. Who may apply 1. time immemorial possession III. Contract for piece of work IV. Registration of Patents. Household service VII. Contract of labor A. Individuals and corporations I. Suspension of payments C. Special rules for lease of rural/urban lands VI. Under RA 8371 B.A. Registration process and requirements C. Remedies sufficiently covered under Remedial Law. Prohibitions IV. Cadastral registration V. Consultas TITLES AND DEEDS I. Non-Registrable Properties LAND VII. Remedies D. Usury Law LEASE II. Effects C.

Abuse of Right. The Tortfeasor A. Guardian c. 221 IV. In Particular a. definition (2) Distinguished from culpa contractual and culpa criminal b. Liability without Fault D. how interpreted – Family Code. Teachers and heads of establishments of arts and trades C. negligent and strict liability B.(1) Elements. Nature of liability. 2194. Principles A. Persons Made Responsible for Others 1. joint or solidary? 2. Natural Persons 2. Elements B. Act of Omission and Its Modalities TORTS AND DAMAGES BOOK I – TORTS I. Presumption of negligence on persons indirectly responsible d. The Direct Tortfeasor 1. Arts. Unjust Enrichment C. Juridical Persons B. In General . Classification of Torts A. Quasi-delicts under Article 2180. State f. Civil Code) a. Acts Contrary to Law E. According to scope: general or specific III. Indirect liability for intentional acts c. 218-219. Owners and Managers of Establishments and Enterprises d. Joint Tortfeasors (Art. Acts Contrary to Morals II. Parents b. According to manner of commission: intentional. Employers (1) Meaning of employers (2) Requisites (a) Employee chosen by employer or through another (b) Services rendered in accordance with orders which employer has authority to give (c) Illicit act of employee was on the occasion or by reason of the functions entrusted to him (d) Presumption of negligence (3) Employer need not be engaged in business or industry (4) Defense of diligence in selection and supervision (5) Nature of employer’s liability e.

Concept 1. 33. Injury to property 3. Violation of Right or Legal Injury D. Civil Code a. Injury to persons 2. Concept 2. Substantial Factor Test 3. Distinguished from Immediate Cause 4. Concurrent Causes C. Elements of Right C. Legal Injury A. Cause in Fact b. Classes 1. Interference with rights to persons and property 1. False Imprisonment (Illegal detention) d. Distinguished from Remote and Concurrent B. Last Clear Chance VI. Efficient Intervening Cause E. General (1) Concept (2) Kinds b. Trespass to Land B. Legal Cause 1. Interference with persons and property (1) Physical harms (2) Non-physical harms . Classes of Injury 1. Definition 2. Intentional Physical Harms a. Condition F. But For 2. Concept of Act VII. Concept B. Distinguished from Intervening Cause 5. Intentional Torts V. Violation of persons security. Test 3. Injury to relations (1) Concept (2) Elements (1) Battery (Physical Injury) (2) Assault (Grave Threat) c. physical injuries – Art.A. Natural and Probable Consequences 2. Cause vs. Proximate Cause A. General A. Foreseeability D. Interference with relations 1.

Family Relations a. 429 4. Privilege 1. Interference with contractual relations b. Authority of Law . Meddling with or disturbing family relations b.) 6. Concept b. Violation of Personal Dignity c. Absence of element b. Art. Consent 2. Intriguing to cause another to be alienated from his friends 4. Defenses a. press. etc. Infliction of emotional distress d. Social Relations (1) Concept (2) Kinds b. Alienation of affection b. Criminal conversation (Adultery) 3. Defamation (1) Defenses (a) Absence of elements (b) Privilege h. Violation of Privacy (1) Appropriation (2) Intrusion (3) Public disclosure of private facts (4) False light in the public eye e. assembly and petition. Interference with Personal Property 1) Trespass to Chattels 2) Conversion 2. Violation of right to suffrage (NCC. Prescription a. Economic Relations a. Interference with relations 1. Defense of property 5. Unjust Dismissal C. Self-defense and defense of others 3. Intentional Non-Physical Harms a. Seduction j. General a. Kinds 2. Loss of consortium c. Unfair competition 5.e. Malicious Prosecution g. Violation of other political rights (freedom of speech. Disturbance of Peace of Mind f. Fraud or Misrepresentation (formerly deceit) i. Necessity – NCC Art. General c. 32) b. Political Relations a.

1) C. Art. Defenses A. Nuisance Per Se and Nuisance Per Accidence 2. General 1. Assumption of risk f. Cities and Municipalities G. Force majeure VIII. Strict Liability A. Nuisance (supra) . Concept B. Animals 1. Attractive Nuisance D. NCC. Violation of Civil Liberties a. Accident or fortuitous event c. Consumer Act – RA 7394. Concept B. (Ch. Authority of law e. 1173 2. Waiver e. Unreasonable risk of Harm E. 1146. Violation of Rights Committed by Public Officers F. Special Liability in Particular Activities E. Head of Family X. Art. Waiver i. Double recovery – NCC Art. Prescription – NCC. Public Nuisance and Private Nuisance 3. Products Liability 1. Presumption of Negligence 1. Evidence F. Nuisance – NCC Arts. Provinces. Absence of element (1) Due diligence (2) Acts of public officers b. Owner of Motor Vehicle H. Proprietor of Building or Structure or Thing I. Res ipsa loquitur G. Elements b. Complete 1. 92-107. Damnum absque injuria d. and 1150 h. Violation of Constitutional Rights 1. Last clear chance g. 1144. Good Father of a Family or Reasonably Prudent Man C. secs. Manufacturers or Processors a. Standard of Care 1. Possessor and User of an Animal B. Legal Provisions 2. 694-707 1.d. Negligence A. Emergency Rule D. 2177 IX.

Concept. Products Liability (supra) 1. According to purpose 3. In contracts and quasi-contracts 2. Nominal Damages A. 27. In crimes and quasi-delicts Per se or per accidents. Moral Damages 2. NCC Art. In contracts and quasi-contracts. Easement Against Nuisance C. Rules governing in case of breach of contract A. In quasi-delicts.1. 2229 B. 29. Temperate or Moderate Damages A. Liquidated Damages A. In seduction. Requisites 1. Classes 1. 2232 A. Concept B. 21. In cases of malicious prosecution IV. Concept . Interest D. 2226 B. Concept (Arts. 32. Consumer Act BOOK II – DAMAGES I. NCC Art. 2197 2. rape and other lascivious acts 2. NCC 3. Concept B. 2231 3. Component Elements A. Public or Private III. NCC Art. According to manner of determination 4. Concept. Extent or scope of actual damages 1. NCC Art. In criminal offenses. abduction. 26. Alleged and proved with certainty 2. 2219-2220) 1. Not speculative VII. 34 & 35. 2230 2. When awarded V. 28. General Considerations A. Value of loss. unrealized profit 2. NCC Art. NCC Art. Classification 1. In acts referred to in Arts. Exemplary or Corrective Damages C. Special and ordinary II. Attorney’s fees and expenses of litigation 3. Actual and Compensatory Damages VI. 2217-2218) B. When recovered 1. When recoverable (Arts.

including related Special Laws 1. Arts. 2223 2. Art. RPC. Definition of Criminal Law . In crimes 2. Art. In death caused by breach of conduct by a common crime IX. Requisites C. Duty of Injured Party 1. Fundamental Principles a.pdf 2011 BAR EXAM COVERAGE FOR CRIMINAL LAW Source:http://sc. 2223 VIII.liquidated or compensatory C. Damages that must stand alone 1. 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. Rules 1. 2203 B.judiciary. Nominal Damages. Nominal with other damages. In crimes and quasi-delicts causing death 1. 2214 3. Art. Graduation of Damages A. NCC Art. Damages that must co-exist 1.ph/bar/annou ncement/Syllabi%20_CrimLaw. In contracts. Damages in Case of Death EXCLUDE: Distinction between tort and quasi-delict A. Miscellaneous Rules A. Source: http://sc. doctrines. and Executive Orders A. 2215 4. temperate. Actual and Liquidated – Art. More is required for excellent and distinguished work as members of the Bar. Compromise X. NCC Art. 2233. NCC Art.gov. Revised Penal Code / Special Laws. Damages that cannot co-exists 1. Exemplary with moral. quasi-contracts and quasidelicts. 2234 1. 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. and principles they need to know and be able to use correctly before they can be licensed to practice law. excluding provisions on civil liability). In quasi-delict. Presidential Decrees.gov. 2227 5.ph/bar/announceme nt/Syllabi%20_CivilLaw. 2226 B.pdf I. Liquidated damages. Book 1 (Articles 1-99.judiciary.

A. Circumstances which Affect Criminal Liability a. Dealing in. 10. 9346) b. Felonies a.A. Art.D. 603. Elements of Criminal Liability c. Classifications of Felonies b. Impossible Crime d. 98. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (1) equal protection (2) due process (3) non-imposition of cruel and unusual punishment or excessive fines -Act Prohibiting the Imposition of Death Penalty in the Philippines (R. of Firearms. Juvenile Justice and Welfare Act of 2006 (R. as amended) (a) Application on the imposed sentence (b) Coverage (c) Conditions of parole f. RPC c. as amended) (1) Definition of child in conflict with the law (2) Minimum age of criminal responsibility (3) Determination of age (4) Exemption from criminal liability d. 1829) (1) Punishable acts (2) Compare with Article 20. Decree Codifying the Laws on Illegal / Unlawful Possession. coverage (3) Minor offenders (4) Application / Non application of RPC provisions (Sec. 9344).D. 9262) -Battered woman syndrome 4. 1866. as amended by R. Acquisition or Disposition. Complex Crimes vis Special Complex Crimes 3. 9346) (4) bill of attainder (5) ex post facto law 2. Classification d. effects) (1) Recidivism (2) Habituality (Reiteracion) (3) Quasi-Recidivism (4) Habitual Deliquency g. Multiple Offenders (differences. RPC (accessories exempt from criminal liability) 5.D.A. Ammunition or Explosives (P.A. R. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P. General Principles -Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. Duration and Effects e. rules. 9165) cf.A. Application (1) Indeterminate Sentence Law (R. Scope of Application and Characteristics of the Philippine Criminal Law (1) Generality (2) Territoriality (3) Prospectivity c. 8294) as an aggravating circumstance b. Penalties a. Conspiracy and Proposal f. Anti-Violence against Women and their Children Act of 2004 (R. Manufacture. Purposes c. 968.Difference between Mala in Se and Mala Prohibita b. The Comprehensive Dangerous Drugs Act of 2002 (R. as amended) (a) Definition of terms (b) Purpose . Execution and Service (1) Probation Law (P. Persons Criminally Liable a.D. 9165) (1) As a qualifying aggravating circumstance (2) Immunity from prosecution and punishment.A. Stages of Execution e.A. also refer to Child and Youth Welfare Code (P. 4103.

A. Anti-Torture Act (R. 142) (1) Punishable acts (2) Exception 5. in addition: a.A. 9372) (1) Punishable acts of terrorism (2) Who are liable (3) Absorption principle in relation to complex crimes 4.A. Crimes Against National Security (114123).A. 9745) (1) Punishable acts (2) Who are liable 3. exception -The Comprehensive Dangerous Drugs Act of 2002 (R. or attempted coup d’etat b. Crimes Against Public Interest (161-187). Book II (Articles 114-365).A.A. in addition: a. Anti-Graft and Corrupt Practices Act (R. 9372) (1) Punishable acts of terrorism (2) Who are liable 2. The New Public Bidding Law (R. as amended) (a) Definition of child in conflict with the law (b) Exemption from criminal liability (c) Juvenile justice and welfare system 6. as amended by R. 603. Anti-Alias Law (C. Human Security Act of 2007 (R. Manufacture. Dealing in.A.D. in addition: a. Crimes Against Public Morals (200-202) 7. of Firearms.A. Anti-Hijacking Law (PD 6235) (1) Punishable acts c. Prescription of crimes b. 7080. sedition. 9165) (1) Punishable acts (2) Attempt or conspiracy. Modification and Extinction of Criminal Liability a. -Decree Codifying the Laws on Illegal / Unlawful Possession.as amended) (1) Coverage (2) Punishable acts (3) Exceptions b. Human Security Act of 2007(R. including related Special Laws 1. insurrection.A. 9372) (1) Period of detention b. Crimes Relative to Opium and other Prohibited Drugs a.A. Acquisition or Disposition. Human Security Act of 2007 (R. Crimes Against the Fundamental Laws of the State (124-133).D.532) (1) Definition of terms (2) Punishable acts b. Anti-Piracy and Anti.(c) Grant of probation. Crimes Committed by Public Officers (203245). 9344). Anti-Plunder Act (R. also refer to Child and Youth Welfare Code (P. 3019. manner and conditions (d) Criteria of placing an offender on probation (e) Disqualified offenders (f) Period of probation (g) Arrest of probationer (h) Termination of probation. effect on liability 6.A. Prescription of penalties B. Crimes Against Public Order (134-159). in addition: a. 9165) (2) Juvenile Justice and Welfare Act of 2006 (R. as amended) (1) Definition of terms (2) Ill-gotten wealth (3) Plunder (4) Series / Combination (5) Pattern . in addition: a. 9184) (1) Prohibited acts b. 1866. 8294) as an element of the crimes of rebellion.A.D. Ammunition or Explosives (P.Highway Robbery (P. The Comprehensive Dangerous Drugs Act of 2002 (R.

Human Security Act of 2007 (R. 9372) (1) Failure to deliver suspect to proper judicial authority (2) Infidelity in the custody of detained persons (3) False prosecution 8. 9372) (1) Punishable acts of terrorism (2) Who are liable 9. 9262) (1) Punishable acts b. 6539) (1) Definition of terms (2) Registration (3) Who are liable (a) Duty of collector of customs (b) Duty of importers. 9372) (1) Punishable acts of terrorism e. and Discrimination Act (R. Anti-Violence against Women and their Children Act of 2004 (R. 12-2000 Re: Penalty for Violation of B. 22) plus Administrative Circular No.c. 13-2001 Re: Clarification of Admin Circular No. Crimes Against Property (293-332).A. 8049) (1) Hazing (a) Definition (b) Allowed initiation rites (2) Who are liable (3) Punishable acts d. in addition: a. Special Protection of Children Against Child Abuse.A. also refer to Child and Youth Welfare Code (P.A. 12-2000 (1) Punishable acts (2) Evidence of knowledge of insufficient funds (3) Preference of imposition of fine c. in addition: a. Anti-Carnapping Act of 1972 (R.1613) . Anti-Wire Tapping Act (R.A.A.A. 9208) (1) Punishable acts 10. Anti-Trafficking in Persons Act of 2003 (R. punishable acts (3) Child trafficking. punishable acts e. Juvenile Justice and Welfare Act of 2006 (R. Human Security Act of 2007 (R. 4200) (1) Punishable acts (2) Exceptions b.A.A.A.A. No. 9372) (1) Surveillance of suspects and interception and recording of communications (2) Restriction on travel (3) Examination of bank deposits and documents (a) Judicial Authorization (b) Application (4) Unauthorized revelation of classified materials c. in addition: a. distributors and sellers (c) Clearance and permit (4) Punishable acts d.D. as amended) (1) Punishable acts f.D.A. 603. Crimes Against Persons (246-266). 1612) and its Implementing Rules and Regulations (1) Fencing (a) Definition (b) Presumption of fencing (2) Exception (a) With clearance or permit to sell b. 9344).D. Bouncing Checks Law (B. Blg. as amended) (1) Coverage (2) Child prostitution. Human Security Act of 2007 (R. 22 and Administrative Circular No. Exploitation. 7610. Anti-Child Pornography Law (R.P. Anti-Hazing Law (R. Anti-Fencing Law (P. Human Security Act of 2007 (R. Crimes Against Personal Liberty and Security (267-292). 9775) (1) Definition of terms (2) Unlawful or punishable acts c.P.A. Anti-Arson Law (P.

as amended (2) Obscene Publications and indecent shows (a) Punishable acts c. in addition: a. FUNDAMENTAL PRINCIPLES AND POLICIES 1.A. Article 3 b. Crimes Against Chastity (333-334. Secs.A. 14.ph/bar/annou ncement/Syllabi%20_LaborLaw. 20. Art II. 18. Jurisprudence— Pertinent Supreme Court decisions promulgated up to June 30. 7877) (1) Punishable acts 12. Labor Code a. 9. 10.A. Excluded Topics 1. doctrines. 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. 8.(1) Punishable acts 11. Recruitment of Local and Migrant Workers . Art. More is required for excellent and distinguished work as members of the Bar. Article 212 d. as amended) (1) Child prostitution and other acts of abuse (a) Punishable acts (b) Compare prosecution for Acts of Lasciviousness under Art. 1. c. 3. 14. Crimes Against Honor (353-364). New Civil Code a. in addition: a. Constitutional Provisions a. and Discrimination Act (R. Article 1700 3. 9262) (1) Punishable acts e. Special Protection of Children Against Child Abuse. Art III. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (1) Preference of imposition of fine 14. RECRUITMENT AND PLACEMENT 1. 2. Secs.pdf A. Anti-Photo and Video Voyeurism Act of 2009 (R. 9995) (1) Punishable acts b.gov. 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. 2. 2010 III. 336346). RPC and RA 7610. 13. and principles they need to know and be able to use correctly before they can be licensed to practice law. Article 211 c.judiciary. 2011 BAR EXAM COVERAGE FOR LABOR LAW Source:http://sc. Article 255 B. 2. 366.A. b. 4. XIII. 7610. 1. Criminal Negligence (365) II. Crimes Against Civil Status (347-352) 13. Anti-Sexual Harassment Act of 1995 (R. 11.A. Anti-Violence against Women and their Children Act of 2004 (R. Penalties of Specific Crimes. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. Exploitation. 9208) (1) Punishable acts d. Anti-Trafficking in Persons Act of 2003 (R. Secs.

Worker’s preference in case of bankruptcy i. RA 8042 (a) License vs. LABOR STANDARDS 1. Coverage/Exclusions b. Labor Code provisions for wage protection j. Leaves a. Recruitment and placement. Right to holiday pay (1) In case of absences (2) In case of temporary cessation of work (3) Of teachers. Maternity Leave (1) Coverage (2) Conditions to entitlement (3) Availment c. whether part of hours of work or not g. Hours of Work a. Sec. Illegal Recruitment. piece workers. CBA vis-à-vis Wage Orders – CBA creditability g. Service Incentive Leave Pay (1) Right to service incentive leave (2) Exclusions from coverage (3) Commutable nature of benefit b. CBA provision vis-à-vis overtime work 2. Attorney’s fees and union service fee in labor cases l. Meal Break f. Facilities vs supplements d. 6. commuting time. Remittance of foreign exchange earnings b. Allowable deductions without employee’s consent k. Rest Day a. etc. Migrant Workers Act. Exclusions from coverage 5. Paternity Leave (1) Coverage (2) Conditions to entitlement (3) Availment . Prohibited activities c. Regulation and Enforcement a. Coverage/Exclusions c. Idle time. Regulatory and visitorial powers of the Labor Secretary d. Wages vs. salaries e. travel time. Estafa (g) Liabilities (a) local employment agency (b) foreign employer i. Wage distortion f. 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. Non-diminution of benefits h. seasonal workers. Art. b. 38 (Local). Wages a. Direct hiring 2. Night Work i. Right to weekly rest day b. Work interruption due to brownouts e. waiting time.a. defined b. “No work no pay” principle b. Preference of the employee c. Normal Hours of Work (a) Exceptions (a) Health Personnel (b) Compressed Work Week d. When work on rest day authorized 4. seafarers. Holidays a. Overtime work (a) Undertime not offset by overtime (b) Waiver of overtime pay h. Penalties for illegal recruitment C. Criteria/Factors for Wage Setting 3. Theory of imputed knowledge (h) Pretermination of contract of migrant worker c.

Benefits accorded househelpers c. LC) d. Thirteenth (13th) Month Pay and other bonuses a. Termination of Employment a. LC) e. Prohibitions on discrimination against disable persons d. Stipulation against marriage (Art. Women Workers a. Coverage b. Employment of the child in public entertainment c. Rights of disabled workers c. RA 9231) a. Conditions for deduction from homewoker’s earnings 12. Reliefs for unjust termination (5) Fixed term employment (a) Requisites for validity d. Coverage b. Rights and benefits accorded homeworkers c. Classification of certain women workers (Art. CBA vis-à-vis 13th month pay 8. Leaves for victims of violence against women (1) Coverage (2) Conditions to entitlement (3) Availment 6. Distribution d. TERMINATION OF EMPLOYMENT 1.11. LC) b. Prohibition of employing minors in certain undertakings and in certain advertisements 10. Regulation of working hours of a child b. Handicapped Workers (RA 7277) a. 135. Four-fold Test b. Definition b. Discrimination (Art. Nature of 13th month pay d. Termination 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. Incentives for employers D. Definition of “handicapped workers” b. Exclusion/Exemptions from coverage c. Employment of Househelpers a. Exclusion c. Service Charges 13. Apprentices and Learners a. Employment of Homeworkers d. 136. Minor Workers (RA 7678. 138. Commissions vis-à-vis 13th month pay e. Prohibited Acts (Art. Anti-Sexual Harassment Act (RA 7877) 9. Distinctions between Learnership and Apprenticeship . Employer-Employee Relationship a. 137. Definition b. Probationary Employment c. Parental Leave (1) Coverage (2) Conditions to entitlement (3) Availment e. Integration 7. LC) 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 a.

Exclusions from coverage c. Elements that must concur (e) Termination of employment pursuant to a Union Security Clause (f) Totality of infractions doctrine (2) Authorized Causes (a) Redundancy. Requisites (c) Fraud or willful breach of trust (loss of trust and confidence) i. 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. Actual reinstatement ii. Reliefs for illegal dismissal (a) Components of the amount of backwages (4) Constructive dismissal (5) Preventive Suspension (6) Quitclaims (7) Termination of employment by employee 3. Post-employment ban 8. Coverage b. Discipline 2. Components of retirement pay d. Grant of Bonus 5. MANAGEMENT PREROGATIVE 1.a. Retirement Pay Law a. Requisites b. Exclusions from coverage c. Procedural steps required ii. Marital discrimination 7. Payroll reinstatement (2) Separation pay in lieu of Reinstatement (a) Strained Relation rule (3) Backwages 1. Limitations in its exercise F. Criteria in selecting employees for dismissal iv. Productivity standard 4. Requisites (b) Gross and habitual neglect of duties i. Requirements for valid retrenchment/redundancy iii. SSS Law (RA 8282) a. SOCIAL LEGISLATION (1) Reinstatement aspect (a) Immediately executory i. Transfer of employees 3. Beneficiaries 2. Substantive Due Process (1) Just Causes (a) Serious misconduct or willful disobedience i. Requisites (d) Abandonment of employment. GSIS (RA 8291) . Coverage b. Benefits d. Standards to be followed (b) Disease or illness i. Retirement pay under RA 7641 vis-à-vis retirement benefits under SSS and GSIS laws E. Change of working hours 6. Retrenchment and Closure i.

Illegal Strike (1) Liability of officers of the unions (2) Liability of ordinary workers (3) Waiver of illegality of strike j. Benefits d. Forms of Concerted Activities b. LABOR RELATIONS LAW 1. 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. Who may unionize for purposes of collective bargaining (1) Who cannot form. Employee’s Compensation – Coverage and when compensable G. Who may declare a strike or lockout? c. Effect of defiance of Assumption or Certification Orders i. Right to Self-organization a. Duty to bargain collectively (1) Kiok Loy ruling b. Assumption of jurisdiction by the Secretary of Labor or Certification of the Labor dispute to the NLRC for compulsory arbitration g. PROCEDURE AND JURISDICTION 1.a. 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. Nature of Assumption Order or Certification Order h. Labor Arbiter . Requisites for a valid lockout e. Unfair Labor Practice (1) ULP of Employers (2) ULP of Labor Organizations 3. Requisites for a valid strike d. join or assist labor organizations (2) Executive Order No. Requisites for lawful picketing f. Coverage b. Right to Collective Bargaining a. Injunctions (1) Requisites for Labor Injunctions (2) “Innocent Bystander Rule” H. Limited Portability Law (RA 7699) 4. Exclusions from coverage c. Beneficiaries 3. 180 b. Right to Peaceful Concerted Activities a.

Submission Agreement b. Supreme Court a. Distinction between a Negotiable Instrument and a Negotiable Warehouse Receipt d. documents or . Rule 45. Definition/Concept of a Trust Receipt Transaction a. Requirements to perfect appeal to NLRC 2. documents or instruments b. Illegal dismissal c. Effect of self-executing order of reinstatement on backwages c. Obligations and Liability of the Entrustee a. Definition/Concept 2. DOLE Secretary a. Rules of Court 9. Nature of letter of credit 4. Preventive Mediation 5. Basic Principles of letter of credit a.a. Visitorial and Enforcement Powers b. Jurisdictions b. Conciliation vs. Rights of a holder of a negotiable warehouse receipt as against a transferee of a non-negotiable warehousereceipt 2. Letters of Credit 1. Return of goods. Trust Receipts Law 1. Requirements to perfect appeal to Court of Appeals 3. Rights and obligations of parties 5. Rule 65. Duties of a Warehouseman 3. documents and instruments under a trust receipt 2. Power to suspend effects of termination 7. Governing laws 3. Money claims b. Effect of NLRC reversal of Labor Arbiter’s order of reinstatement c. DOLE Regional Directors a. Kinds c. Doctrine of strict compliance B. Jurisdiction b. To whom delivered b. National Conciliation and Mediation Board (NCMB) a. Bureau of Labor Relations (BLR) – Med Arbiters a. Small money claims 6. Court of Appeals a. Doctrine of independence b. Rule 43. Loan/security feature b. Warehouseman’s Lien C. Fraud exception principle c. Parties to a letter of credit a. Prescription of Actions a. Ownership of the goods. Warehouse Receipts Law 1. Validity of the security interest as against the creditors of the entrustee/innocent purchasers for value 3. Voluntary Arbitrators a. National Labor Relations Commission (NLRC) a. Payment/Delivery of proceeds of sale or disposition of goods. Jurisdiction (Original and Appellate) 4. Nature and Functions of a Warehouse Receipt a. Offenses penalized by the Labor Code and IRR issued pursuant thereto 2011 BAR EXAM COVERAGE FOR MERCANTILE LAW A. Mediation b. Rules of Court 8. Rules of Court 10. Unfair labor practice d. Rights of the Entruster a.

Notice of Dishonor a. Dishonor by non-acceptance 16. Holder in Due Course b. Concept of Insurance 2. Consideration 6. Rules of interpretation 4. Dispensation with presentment for payment d. Suretyship e. Manner c. Signature of agent c. Warranties 10. Insertion of date b. Completion of blanks c. Necessity of presentment for payment b. Kinds c. Presentment for Acceptance a. Presentment for Payment a. Modes of negotiation 8. documents or instruments d. Waiver f. Dishonor by non-payment 11. Drawer c. Presentment for payment (1) time (2) effect of delay E. Effect of material alteration 14. Right of party who discharged instrument d. Parties to whom presentment for payment should be made c. Negotiable Instruments Law 1. Dispensation with notice g. Renunciation by holder 13. Material alteration a. Effect of notice d. Completion and delivery a. Effect of failure to give notice 12.instruments in case of sale c. Rules governing acceptance 15. Compulsory Motor Vehicle Liability . Indorser e. Discharge of parties secondarily liable c. Characteristics/Nature of Insurance Contracts 4. Requisites of Negotiability b. Forgery 5. Elements of an Insurance Contract 3. Definition b. Liabilities of Parties a. Checks a. Rights of the Holder a. Liability for loss of goods. Parties who may give notice of dishonor c. Complete but undelivered instruments 3. Acceptor d. Effect of failure to make presentment c. Marine b. Forms and Interpretation a. Discharge of negotiable instrument b. Classes a. Definition b. Concept b. Indorsement by minor or corporation d. Negotiation a. Signature a. Distinguished from assignment b. Life f. Kinds of negotiable instrument 2. Parties to be notified b. Time for acceptance d. Penal sanction if offender is a corporation 4. Acceptance a. Defenses against the Holder 9. Promissory Notes 17. Casualty d. Time/place/manner of presentment b. Fire c. Form of notice e. Signing in trade name b. Discharge of Negotiable Instrument a. Remedies available D. Accomodation party 7. Incomplete and undelivered instruments d. Insurance Code 1. Maker b.

Safety of Passengers a. Reinstatement of a Lapsed Policy of Life Insurance e. Charter Parties (1) Bareboat/Demise Charter (2) Time Charter (3) Voyage/Trip Charter b. Misrepresentation/Omissions c. Maritime Commerce a. Rescission of Insurance Contracts a. Carriage of Goods by Sea Act (1) Application (2) Notice of Loss or Damage (3) Period of Prescription . Accidents and Damages in Maritime Commerce (1) General Average (2) Collisions d. Liability for baggage of passengers (1) Checked-in baggage (2) Baggage in possession of passengers 3. In Life/Health b. Notice and Proof of Loss b. Delivery of goods (1) Period for delivery (2) Delivery without surrender of bill of lading (3) Refusal of consignee to take delivery d. Common Carriers a. Exempting Causes (1) Requirement of Absence of Negligence (2) Absence of Delay (3) Due diligence to prevent or lessen the loss b. In Property c. Claims Settlement and Subrogation a. Stipulation for limitation of liability (1) Void stipulations (2) Limitation of liability to fixed amount (3) Limitation of liability in absence of declaration of greater value e. Contributory negligence c. Insurable Interest a. Diligence Required of Common Carriers b. Double Insurance and Over Insurance d. Void stipulations b. Period for filing claims e. Perfection of the Contract of Insurance a. Multiple or Several Interests on Same Property 6. Period for filing actions 5. Breach of Warranties 8. Duration of liability (1) Delivery of goods to common carrier (2) Actual or constructive delivery (3) Temporary unloading or storage d. Liabilities of Common Carriers 2. Extent of liability for damages 4. Premium Payment c. Liability of Shipowners and Shipping Agents (1) Liability for acts of captain (2) Exceptions to limited liability c. Liability for acts of others (1) Employees (2) Other passengers and strangers d. Three-fold character b. Vigilance over goods a. Offer and Acceptance/Consensuality (1) Delay in acceptance (2) Delivery of Policy b. Sanctions (2) Prescription of Action (3) Subrogation F. Transportation Law 1.Insurance 5. Guidelines on Claims Settlement (1) Unfair Claims Settlement. Bill of Lading a. Refund of Premiums 7. Duration of liability (1) Waiting for carrier or Boarding of carrier (2) Arrival at destination c. Concealment b. Non-Default Options in Life Insurance d.

Corporate powers (1) General powers. Approval of sale. Applicability b. The Corporation Code a. Incorporation and organization (1) Promoter (a) Liability of promoter (b) Liability of corporation for promoter’s contracts (2) Subscription contract (3) Pre-incorporation subscription agreements (4) Consideration for stocks (5) Articles of Incorporation (a) Contents (b) Non-amendable items (6) Corporate name -. theory of general capacity (2) Specific powers. Capital structure (1) Number and qualifications of incorporators (2) Minimum capital stock and subscription requirements (3) Corporate term (4) Classification of shares f.limitations on use of corporate name (7) Registration and issuance of Certificate of Incorporation (8) Election of directors or trustees (9) Adoption of By-Laws (a) Requisites of valid by-laws (b) Binding effects (c) Amendments g.(4) Limitation of liability 6. Public Service Act a. Classification of corporations c. theory of specific capacity (a) Power to extend or shorten corporate term (b) Power to increase or decrease capital stock or incur. Corporation Law 1. encumbrance or lease of property 7. Definition of Public Utility b. Corporation. increase bonded indebtedness (c) Power to deny pre-emptive rights (d) Power to sell or dispose of corporate assets . defined b. Limitation of liability (1) Liability to passengers (2) Liability for checked baggage (3) Liability for hand-carried baggage c. Necessity for certificate of public convenience (1) Requisites (a) Citizenship (b) Promotion of public interests (c) Financial capability (2) Prior operator rule (a) Meaning (b) Exceptions (c) Ruinous competition c. create. Willful Misconduct G. Unlawful arrangements (1) Boundary system (2) Kabit system e. Corporate juridical personality (1) Doctrine of separate juridical personality (a) Liability for tort and crimes (b) Recovery of damages (2) Doctrine of piercing the corporate veil (a) Grounds for application of doctrine (b) Test in determining applicability e. The Warsaw Convention a. Nationality of corporations (1) Control test (2) Grandfather rule d. Fixing of rate (1) Rate of return (2) Exclusion of income tax as expense d.

Applicability of ultra vires doctrine ii. Stockholders and members (1) Fundamental rights of a stockholder (2) Participation in management (a) Proxy (b) Voting trust (c) Cases when stockholders’ action is required i. When and where ii. When and where ii. By a majority vote ii. Payment pro-rata . Full payment ii. Requirements for valid transfer of stocks (d) Issuance i. Capital affairs (1) Certificate of stock (a) Nature of the certificate (b) Uncertificated shares (c) Negotiability i. Notice (b) Who calls the meetings (c) Quorum (d) Minutes of meetings i.(e) Power to acquire own shares (f) Power to invest corporate funds in another corporation or business (g) Power to declare dividends (h) Power to enter into management contract (i) Ultra vires acts i. By a two-thirds vote iii. Consequences of ultra vires acts (j) Doctrine of individuality of subscription (k) Doctrine of equality of shares (l) Trust fund doctrine (3) How exercised (a) By the shareholders (b) By the Board of Directors (c) By the Officers h. qualifications and disqualifications of directors (3) Elections (a) Cumulative voting (b) Quorum (4) Removal (5) Filling of vacancies (6) Compensation (7) Disloyalty (8) Business judgment rule (9) Solidary liabilities for damages (10) Liability for watered stocks (11) Personal liabilities (12) Responsibility for crimes (13) Special fact doctrine (14) Inside information (15) Contracts (a) By self-dealing directors with the corporation (b) Between corporations with interlocking directors (16) Executive committee (a) Creation (b) Limitations on its powers (17) Meetings (a) Regular or special i. By cumulative voting (3) Proprietary rights (a) Right to dividends (b) Right of appraisal (c) Right to inspect (d) Preemptive right (e) Right to vote (f) Right to dividends (4) Remedial rights (a) Individual suit (b) Representative suit (c) Derivative suit (5) Obligation of a stockholder (6) Meetings (a) Regular or special i. Notice (b) Who presides (c) Quorum (d) Rule on abstention j. Board of directors and trustees (1) Repository of corporate powers (2) Tenure.

(e) Stock and transfer book i. Contents ii. Who may make valid entries (f) Lost or destroyed certificates (g) Situs of the shares of stock (2) Watered stocks (a) Definition (b) Liability of directors for watered stocks (c) Trust fund doctrine for liability for watered stocks (3) Payment of balance of subscription (a) Call by board of directors (b) Notice requirement (4) Sale of delinquent shares (a) Effect of delinquency (b) Call by resolution of the board of directors (c) Notice of sale (d) Auction sale (5) Alienation of shares (a) Allowable restrictions on the sale of shares (b) Sale of partially paid shares (c) Sale of a portion of shares not fully paid (d) Sale of all of shares not fully paid (e) Sale of fully paid shares (f) Requisites of a valid transfer (g) Involuntary dealings k. Dissolution and liquidation (1) Modes of dissolution (a) Voluntary i. Where no creditors are affected ii. Where creditors are affected iii. By shortening of corporate term (b) Involuntary i. By expiration of corporate term ii. Failure to organize and commence business within 2 years from incorporation iii. Legislative dissolution iv. Dissolution by the SEC on grounds under existing laws (2) Methods of liquidation (a) By the corporation itself

(b) Conveyance to a trustee within a 3-year period (c) By management committee or rehabilitation receiver (d) Liquidation after three years l. Other corporations (1) Close corporations (a) Characteristics of a close corporation (b) Validity of restrictions on transfer of shares (c) Issuance or transfer of stock in breach of qualifying conditions (d) When board meeting is unnecessary or improperly held (e) Preemptive right (f) Amendment of articles of incorporation (g) Deadlocks (2) Non-stock corporations (a) Definition (b) Purposes (c) Treatment of profits (d) Distribution of assets upon dissolution (3) Religious corporations (a) Corporation sole i. Nationality ii. Religious societies (4) Foreign corporations (a) Bases of authority over foreign corporations i. Consent ii. Doctrine of “doing business” (relate to definition under the Foreign Investments Act, RA 7042) (b) Necessity of a license to do business i. Requisites for issuance of a license ii. Resident agent (c) Personality to sue (d) Suability of foreign corporations (e) Instances when unlicensed foreign corporations may be allowed to sue Isolated transactions (f) Grounds for revocation of license m. Merger and consolidation (1) Definition and concept (2) Constituent v. consolidated corporation

(3) Plan of merger or consolidation (4) Articles of merger or consolidation (5) Procedure (6) Effectivity (7) Limitations (8) Effects H. Securities Regulation Code (RA 8799) 1. State policy (purpose) 2. Powers and functions of the SEC a. Regulatory b. Adjudicative 3. Securities required to be registered a. Exempt securities b. Exempt transactions 4. Procedure for registration of securities 5. Prohibitions on fraud, manipulation and insider trading a. Manipulation of security prices b. Short sales c. Fraudulent transactions d. Insider trading 6. Protection of investors a. Tender offer rule b. Rules on proxy solicitation c. Disclosure rule 7. Civil liability I. Banking Laws 1. The New Central Bank Act (RA 7653) a. State policies b. Creation of the Bangko Sentral ng Pilipinas (BSP) c. Responsibility and primary objective d. Monetary Board - Powers and functions e. How the BSP handles banks in distress (1) Conservatorship (2) Closure (3) Receivership (4) Liquidation f. How the BSP handles exchange crisis (1) Legal tender power (2) Rate of exchange

2. Law on Secrecy of Bank Deposits (RA 1405, as amended) a. Purpose b. Prohibited acts c. Deposits covered d. Exceptions e. Garnishment of deposits, including foreign deposits f. Penalties for violation 3. General Banking Act (RA 8791) a. Definition and classification of banks b. Distinction of banks from quasi-banks and trust entities c. Bank powers and liabilities (1) Corporate powers (2) Banking and incidental powers d. Diligence required of banks - relevant jurisprudence e. Nature of bank funds and bank deposits f. Stipulation on interests g. Grant of loans and security requirements (1) Ratio of net worth to total risk assets (2) Single borrower’s limit (3) Restrictions on bank exposure to DOSRI (directors, officers, stockholders and their related interests) h. Penalties for violations (1) Fine, imprisonment (2) Suspension or removal of director or officer (3) Dissolution of bank 4. Philippine Deposit Insurance Corporation Act a. Basic policy b. Concept of insured deposits c. Liability to depositors (1) Deposit liabilities required to be insured with PDIC (2) Commencement of liability (3) Deposit accounts not entitled to payment (4) Extent of liability (5) Determination of insured deposits (6) Calculation of liability

(a) Per depositor, per capacity rule (b) Joint accounts (c) Mode of payment (d) Effect of payment of insured deposit (e) Payments of insured deposits as preferred credit under Art. 2244, Civil Code (f) Failure to settle claim of insured depositor (g) Failure of depositor to claim insured deposits i. Examination of banks and deposit accounts ii. Prohibition against splitting of deposits iii.Prohibition against issuances of TROs, etc. J. Intellectual Property Law (excluding Implementing Rules and Regulations) 1. Intellectual Property Rights in general a. Intellectual property rights b. Differences between copyrights, trademarks and patent c. Technology transfer arrangements 2. Patents a. Patentable inventions b. Non-patentable inventions c. Ownership of a patent (1) Right to a patent (2) First-to-file rule (3) Inventions created pursuant to a Commission (4) Right of priority d. Grounds for cancellation of a patent e. Remedy of the true and actual inventor f. Rights conferred by a patent g. Limitations of patent rights (1) Prior user (2) Use by the government h. Patent infringement (1) Tests in patent infringement (a) Literal infringement (b) Doctrine of equivalents (2) Civil and criminal action (3) Prescriptive period (4) Defenses in action for infringement i. Licensing (1) Voluntary

(2) Compulsory j. Assignment and transmission of rights 3. Trademarks a. Definitions of marks, collective marks, trade names b. Acquisition of ownership of mark c. Acquisition of ownership of trade name d. Non-registrable marks e. Prior use of mark as a requirement f. Tests to determine confusing similarity between marks (1) Dominancy test (2) Holistic test g. Well-known marks h. Rights conferred by registration i. Use by third parties of names, etc. similar to registered mark j. Infringement and remedies (1) Trademark infringement (2) Damages (3) Requirement of Notice k. Unfair competition l. Trade names or business names m. Collective marks n.Criminal penalties for infringement, unfair competition, false designation of origin, and false description or misrepresentation 4. Copyrights a. Basic principles, Secs. 172.2, 175, and 181 b. Copyrightable works (1) Original works (2) Derivative works c. Non-copyrightable works d. Rights of copyright owner e. Rules on ownership of copyright f. Limitations on copyright (1) Doctrine of fair use (2) Copyright infringement (a) Remedies (b) Criminal penalties K. Special Laws

as amended by RA 9194) a. Need for special power of attorney d. 2140 and 2141 of the Civil Code) a. Redemption i. Real Estate Mortgage Law (Act 3135. Unlawful activities or predicate crimes h. Right of junior mortgagee g. doctrines. Procedure (1) Where to file (2) Where to sell (3) Posting requirement (4) Publication requirement (a) Sufficiency of newspaper publication (b) Need for republication in case of postponement (c) Personal notice to the mortgagor when and when not needed f. Possession by purchaser of foreclosed property g. Remedies available to mortgagee upon default of the mortgagor c. Anti-Money Laundering Council (AMLC) i. After-incurred obligation f. Obligation of creditors to person to whom credit is extended c. Policy of the law b. 1484. Registration. Authority to inquire into bank deposits 5. Authority to foreclose extrajudicially e. Formal requisites c. Essential requisites b. to Arts. as amended by RA 4118) a. Registration of investments of nonPhilippine nationals d. Foreign Investments Act (RA 7042) a. when and where d. 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. and principles they need to know and be . Covered and excluded transactions d. Functions j.1. Annulment of sale 3. Foreign Investment Negative List 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. Coverage b. Truth in Lending Act (RA 3765) a. 1485. Freezing of monetary instrument or property k. When is money laundering committed g. Consequences of non-compliance with obligation 4. Remedy of debtor if foreclosure is not proper h. After-acquired property e. Purpose b. Writ of possession (1) Ministerial duty of the court (2) Enforcement against third parties (3) Pendency of action for annulment of sale j. Obligations of covered institutions d. Anti-Money Laundering Law (RA 9160. Foreclosure procedure h. Covered transactions e. Policy of the law b. Foreign investments in domestic market enterprises f. Redemption (1) Who may redeem (2) Amount of Redemption price (3) Period for redemption (4) Effect of pendency of action for annulment of sale i. The Chattel Mortgage Law (Act 1508 in rel. Definition of terms (1) Foreign investment (2) “Doing business” in the Philippines (3) Export enterprise (4) Domestic market enterprise c. Suspicious transactions f. Foreign investments in export enterprises e. Claim for deficiency (1) General rule (2) Exception (3) Article 1484 2. Covered institutions c.

Qualifications c. Not From Improper Influence Upon the Courts d. Fairness and Candor Towards Professional Colleagues (4) No Assistance in Unauthorized Practice of Law c. Dignified and Objective Information on Legal Services (4) Participation in the Improvement and Reforms in Legal System (5) Participation in Legal Education Program b.judiciary.gov. 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. More is required for excellent and distinguished work as members of the Bar.pdf A. Society (1) Respect for Law and Legal Processes (2) Efficient and Convenient Legal Services (3) True. LEGAL ETHICS 1. Not Business b. The Courts (1) Candor. Duties and Responsibilities of a Lawyer a. The Legal Profession (1) Integrated Bar of the Philippines (a) Membership and Dues (2) Upholding the Dignity and Integrity of the Profession (3) Courtesy. Public Officials And Practice of Law (1) Prohibition or Disqualification of Former Government Attorneys f.pdf 2011 BAR EXAM COVERAGE FOR LEGAL ETHICS Source:http://sc. Honest Fair. Lawyer’s Oath 2. Source:http://sc.ph/bar/annou ncement/Syllabi%20_MercLaw. Sanctions for Practice or Appearance Without Authority (1) Lawyers Without Authority (2) Persons Not Lawyers e. Lawyers Authorized to Represent the Government g. Practice of Law a. 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.ph/bar/annou ncement/Syllabi%20_LegEthics.able to use correctly before they can be licensed to practice law.judiciary. 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. 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 .gov. Concept (1) Privilege (2) Profession.

Qualifications of Notary Public b. Lower Court Judges and Justices c. Lawyers Who Have Been Repatriated 5. Qualities a. More is required for excellent and distinguished work as members of the Bar. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) b. Sanctions 6. Powers and Limitations d. 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. Jurisdiction of Notary Public and Place of Notarization f. Nature and Characteristics of Disciplinary Actions Against Lawyers (1) Sui Generis (2) Prescription b. Sanctions B. Disbarment and Discipline of Lawyers a. Impeachment e. doctrines. Equality f. Term of Office of Notary Public c. Members of the Supreme Court (1) Impeachment b. 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. Competence and Diligence 3. Discipline of Filipino Lawyers Practice in Foreign Jurisdictions 4. Lawyers Who Have Been Disbarred c. Purpose b. . Proceedings d. Lawyers Who Have Been Suspended b. Suspension.(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. Revocation of Commission g. Grounds c. JUDICIAL ETHICS 1. Exemptions e. and principles they need to know and be able to use correctly before they can be licensed to practice law. Independence b. Sources a. Competent Evidence of Identity h. Integrity c. Discipline of Members of the Judiciary a. Grounds d. Propriety e. Readmission to the Bar a. Mandatory Continuing Legal Education a. Code of Judicial Conduct 2. Compliance d. Requirements c. Notarial Register e. Impartiality d. Notarial Practice a.

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