Bar Exam 2025 Exam Dates
- September 7, 2025, Sunday AM for Political and Public International Law (15%)
- September 7, 2025, Sunday PM for Mercantile and Taxation Laws (20%)
- September 10, 2025, Wednesday AM for Civil Law (20%)
- September 10, 2025, Wednesday PM for Labor Law and Social Legislation (10%)
- September 14, 2025, Sunday AM for Criminal Law (10%)
- September 14, 2025, Sunday PM for Remedial Law, Legal Ethics, and Legal Forms (25%)
Bar Exam 2025 Cut-off
All exam questions shall be sourced from laws, rules, issuances, and jurisprudence as of June 30, 2024.
Coverage
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW 15%
POLITICAL LAW | ||
I. THE 1987 CONSTITUTION | ||
A | Nature and Concept of a Constitution | |
B | Amendments and Revisions | |
II. BASIC CONCEPTS | ||
A | Declaration of Principles and State Policies | |
B | Sovereignty | |
C | State Immunity | |
D | Separation of Powers | |
E | Checks and Balances | |
F | Delegation of Powers | |
G | Fundamental Powers of the State | |
1. Police Power | ||
2. Eminent Domain | ||
3. Taxation | ||
III. NATIONAL TERRITORY | ||
A | Scope (Terrestrial, Aerial, and Fluvial Domains) | |
B | Archipelagic Doctrine | |
C | Maritime Zones | |
IV. CONSTITUTIONAL COMMISSIONS | ||
A | Constitutional Safeguards to Ensure Independence | |
B | Common Provisions | |
C | Powers, Functions, and Jurisdiction | |
D | Composition and Qualifications of Members | |
E | Prohibited Offices and Interests | |
F | Judicial Review of Final Orders, Resolutions, and Decisions | |
G | Rendered in the Exercise of Quasi-Judicial Functions | |
H | Rendered in the Exercise of Administrative Functions | |
V. CONSTITUTIONAL COMMISSIONS | ||
A | Who are Filipinos | |
B | Modes of Acquiring Citizenship | |
C | Natural Born and Naturalized Citizens | |
D | Loss and Re-acquisition of Philippine Citizenship | |
1. Republic Act (R.A.) No. 9225 or the Citizenship Retention and Reacquisition Act of 2003 | ||
E | Dual Citizenship and Dual Allegiance | |
VI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS | ||
A | Academic Freedom | |
VII. NATIONAL ECONOMY AND PATRIMONY | ||
A | Regalian Doctrine | |
B | Public Trust Doctrine | |
1. R.A. No. 11659 or the New Public Services Act | ||
C | Nationalist and Citizenship Requirement Provisions | |
D | Exploration, Development, and Utilization of Natural Resources | |
E | Acquisition, Ownership, and Transfer of Public and Private Lands | |
VIII. LAW ON PUBLIC OFFICERS | ||
A | General Principles | |
B | Modes of Acquiring Title to Public Office | |
C | Modes and Kinds of Appointment | |
D | Eligibility and Qualification Requirements | |
E | Disabilities and Inhibitions of Public Officers | |
F | Powers and Duties of Public Officers | |
G | Rights of Public Officers | |
H | Liabilities of Public Officers | |
1. Preventive Suspension and Back Salaries | ||
2. Illegal Dismissal, Reinstatement, and Back Salaries | ||
I | Immunity of Public Officers | |
J | De Facto and De Jure Officers | |
K | Termination of Official Relation | |
L | The Civil Service | |
1. Scope | ||
2. Appointments to the Civil Service | ||
3. Personnel Actions | ||
M | Accountability of Public Officers | |
1. Types of Accountability | ||
a. Administrative | ||
b. Criminal | ||
c. Civil | ||
2. Discipline | ||
a. Grounds | ||
b. Jurisdiction | ||
c. Dismissal, Preventive Suspension, Reinstatement, and Back Salaries | ||
d. Condonation Doctrine | ||
3. Impeachment and Quo Warranto | ||
4. The Ombudsman and the Office of the Special Prosecutor under Article XI of the 1987 Constitution in relation to R.A. No. 6770 or the Ombudsman Act of 1989 | ||
a. Functions | ||
b. Judicial Review in Administrative Proceedings | ||
c. Judicial Review in Penal Proceedings | ||
5. The Sandiganbayan | ||
N | Term Limits | |
IX. LEGISLATIVE DEPARTMENT | ||
A | Legislative power | |
1. Scope and Limitations | ||
2. Principle of Non-delegability; Exceptions | ||
3. Initiative and Referendum | ||
B | Chambers of Congress; Composition; Qualifications | |
1. Senate | ||
2. House of Representatives | ||
a. District Representatives and Questions of Apportionment | ||
b. Party-List System | ||
C | Declaration of the Existence of a State of War | |
D | Legislative Privileges, Inhibitions, and Disqualifications | |
E | Quorum and Voting Majorities | |
F | Discipline of Members | |
G | Law-making process | |
H | Electoral Tribunals and Commission on Appointments | |
1. Nature | ||
2. Powes | ||
I | Power of Congress | |
1. Legislative Inquiries and Oversight Functions | ||
2. Power of Impeachment | ||
3. Limitations on Legislative Power | ||
4. Limitations on Revenue, Appropriations, and Tariff | ||
5. Presidential Veto and Congressional Override | ||
6. Rules on Appropriation and Realignment | ||
X. EXECUTIVE DEPARTMENT | ||
A | Qualifications, Election, and Term of the President and Vice-President | |
B | Privileges, Inhibitions, and Disqualifications | |
1. Presidential Immunity | ||
2. Executive Privilege | ||
C | Powers of the President | |
1. General Executive and Administrative Powers | ||
2. Power of Appointment | ||
a. Process of Confirmation by the Commission on Appointments | ||
b. Bypassed Appointments and their Effects | ||
c. Appointments by an Acting President | ||
d. Scope of Midnight Appointments | ||
e. Ad-Interim Appointments | ||
f. Disciplinary Power (Suspension and Removal) | ||
3. Power of Control and Supervision | ||
a. Doctrine of Qualified Political Agency | ||
b. Executive Departments and Offices | ||
c. Local Government Units (LGU) | ||
4. Emergency Powers | ||
5. Commander-in-Chief Powers | ||
a. Calling Out Powers | ||
b. Declaration of Martial Law and Suspension of the Privilege of the Writ of Habeas Corpus; Extension and Revocation | ||
6. Pardoning Power | ||
a. Scope and Limitations | ||
b. Forms of Executive Clemency | ||
7. Diplomatic Power | ||
a. In General | ||
b. To Contract or Guarantee Foreign Loans | ||
c. Entry into Treaties or International Agreements; Withdrawal and Termination | ||
8. Powers Relative to Appropriation Measures | ||
9. Delegated powers | ||
10. Residual powers | ||
11. Veto powers | ||
D | Rules of succession | |
XI. JUDICIAL DEPARTMENT | ||
A | Concept of Judicial Power | |
B | Judicial Review | |
1. Requisites | ||
2. Political Questions Doctrine | ||
3. Moot Questions | ||
4. Operative Fact Doctrine | ||
C | Judicial Independence and Fiscal Autonomy | |
D | Appointments to the Judiciary | |
1. Qualifications of Members | ||
2. Judicial and Bar Council | ||
a. Composition | ||
b. Powers | ||
E | The Supreme Court | |
1. Composition, Powers, and Functions | ||
a. Power to Promulgate Rules | ||
2. En Banc and Division Cases | ||
3. Administrative Supervision Over Lower Courts | ||
XII. BILL OF RIGHTS | ||
A | Private Acts and the Bill of Rights | |
B | Due Process | |
1. Procedural and Substantive | ||
2. Void-for-Vagueness | ||
3. Judicial and Administrative Due Process | ||
C | Equal Protection | |
1. Requisites for Valid Classification | ||
2. Standards of Judicial Review | ||
a. Rational Basis Test | ||
b. Strict Scrutiny test | ||
c. Intermediate Scrutiny Test | ||
D | Arrests, Searches, and Seizures | |
1. Requisites of a Valid Warrant | ||
2. Warrantless Arrests and Searches | ||
3. Exclusionary Rule | ||
E | Privacy of Communications and Correspondence | |
1. R.A. No. 10173 or the Data Privacy Act | ||
2. Exclusionary Rule | ||
F | Freedom of Speech and Expression | |
1. Prior Restraint and Subsequent Punishment | ||
2. Content-Based and Content-Neutral Regulations | ||
3. Facial Challenges and Overbreadth Doctrine | ||
4. Tests to Determine the Validity of Governmental Regulation | ||
5. State Regulation of Different Types of Mass Media | ||
6. Commercial Speech | ||
7. Unprotected Speech; Libel and Hate Speech | ||
8. Obscenity and Pornography | ||
9. Privileged Communication | ||
G | Freedom of Religion | |
1. Non-Establishment and Free Exercise Clauses | ||
2. Separation of Church and State | ||
3. Benevolent Neutrality and Conscientious Objector | ||
4. Tests to Determine the Validity of Governmental Regulation | ||
a. Clear and Present Danger | ||
b. Compelling State Interest | ||
H | Liberty of Abode and Right to Travel | |
1. Scope and Limitations | ||
2. Watch-List and Hold Departure Orders | ||
I | Right to Information | |
1. Executive Order No. 2, s. 2016 or Freedom of Information | ||
2. R.A. No. 11032 or the Ease of Doing Business Act | ||
J | Eminent Domain | |
1. Concept | ||
2. Public Use | ||
3. Just Compensation | ||
4. Expropriation by LGUs | ||
K | Right to Association | |
L | Non-Impairment of Contracts | |
M | Free Access to Courts and Adequate Legal Assistance | |
N | Custodial Investigation | |
1. Requisites of a Valid Waiver and the Exclusionary Rule | ||
2. The Rights of Persons Arrested, Detained or Under Custodial Investigation under R.A. No. 7438 | ||
O | Rights of the Accused | |
1. Criminal Due Process | ||
2. Bail | ||
3. Presumption of Innocence | ||
4. Right to Counsel | ||
5. Trial in Absentia | ||
P | Right to Speedy Trial and Speedy Disposition of Cases | |
Q | Right Against Self-incrimination | |
1. Scope and Limitations | ||
2. Immunity Statutes | ||
R | Right Against Double Jeopardy | |
S | Right Against Involuntary Servitude | |
T | Right Against Excessive Fines, and Cruel and Inhuman Punishments | |
U | Non-imprisonment for Debts | |
V | Ex Post Facto Laws and Bills of Attainder | |
W | Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo | |
XIII. ADMINISTRATIVE LAW | ||
A | General Principles | |
B | Administrative Agencies | |
C | Powers of Administrative Agencies | |
1. Quasi-Legislative or Rule-Making Power | ||
a. Kinds of Administrative Rules and Regulations | ||
b. Requisites for Validity | ||
2. Quasi-Judicial or Adjudicatory Power | ||
a. Administrative Due Process | ||
b. Administrative Appeal and Review | ||
c. Administrative Res Judicata | ||
3. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers | ||
D | Judicial Recourse and Review | |
1. Doctrine of Primary Administrative Jurisdiction | ||
2. Doctrine of Exhaustion of Administrative Remedies | ||
3. Doctrine of Finality of Administrative Action | ||
XIV. ELECTION LAW | ||
A | Suffrage | |
1. Qualifications and Disqualification of Voters | ||
2. Registration and Deactivation of Voters | ||
3. Inclusion and Exclusion Proceedings | ||
4. Local and Overseas Absentee Voting | ||
5. Detainee Voting | ||
B | Candidacy | |
1. Qualifications and Disqualifications of Candidates | ||
2. Filing of Certificates of Candidacy | ||
a. Effect of Filing | ||
b. Substitution and Withdrawal of Candidates | ||
c. Nuisance Candidates | ||
d. Duties of the Commission on Elections (COMELEC) | ||
3. Ministerial Duty of COMELEC to Receive Certificates of Candidacy | ||
4. Effect of Filing of Certificate of Candidacy | ||
5. Eligibility and Material Misrepresentation | ||
6. Withdrawal of Certificates of Candidacy | ||
7. Effects of Denial and Cancellation of Certificate of Candidacy due to Material Misrepresentation | ||
8. Substitution of Candidates | ||
9. Nuisance Candidates and Effects of Declaration of Nuisance Candidacy | ||
10. Disqualification of Candidates; Effects | ||
C | Campaign | |
1. Premature Campaigning | ||
2. Prohibited Contributions | ||
3. Lawful and Prohibited Election Propaganda | ||
4. Limitations on Expenses | ||
5. Statement of Contributions and Expenses | ||
D | Remedies and Jurisdiction | |
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy | ||
2. Petition for Disqualification | ||
3. Failure of Election; Call for Special Election | ||
4. Pre-Proclamation Controversy | ||
5. Election Protest | ||
6. Quo Warranto | ||
7. Recall | ||
E | Prosecution of Election Offenses [Exclude: Penal Provisions] | |
XV. LAW ON LOCAL GOVERNMENTS | ||
A | Public Corporations | |
1. Concept; Distinguished from Government-Owned or Controlled Corporations | ||
2. Corporate Powers of LGUs | ||
3. Classifications | ||
a. Quasi-Corporations | ||
b. Municipal Corporations | ||
i. Elements | ||
ii. Nature and Functions | ||
iii. Requisites for Creation, Conversion, Division, Merger or Dissolution | ||
B | Principles of Local Autonomy | |
C | Autonomous Regions and their Relation to the National Government | |
D | LGUs | |
1. Powers | ||
a. Police Power | ||
b. Eminent Domain | ||
c. Taxing Power | ||
d. Closure and Opening of Roads | ||
e. Local Legislation | ||
f. Corporate Powers | ||
g. Ultra Vires Acts | ||
2. Liability of LGUs | ||
3. Settlement of Boundary Disputes | ||
4. Vacancies and Succession of Local Officials | ||
5. Recall | ||
6. Term Limits | ||
E | Local Elective and Appointive Officials | |
XVI. PUBLIC INTERNATIONAL LAW | ||
A | Concepts | |
B | Relationship Between International and Philippine Domestic Law | |
C | Sources of International Law | |
1. International Court of Justice Statute | ||
2. Effect of United Nations Declarations, Security Council Resolutions | ||
3. Effect of Actions of Organs of International Organizations Created by Treaty | ||
D | Subjects of International Law | |
1. States | ||
2. International Organizations | ||
3. Individuals | ||
4. Others | ||
E | Jurisdiction of States | |
1. Basis of Jurisdiction | ||
a. Territoriality Principle | ||
b. Nationality Principle and Statelessness | ||
c. Protective Principle | ||
d. Universality Principle | ||
e. Passive Personality Principle | ||
2. Exemptions from Jurisdiction | ||
a. Act of State Doctrine | ||
b. International Organizations and their Officers | ||
c. Diplomatic and Consular Law | ||
F | Nationality and Statelessness | |
G | General Principles of Treaty Law | |
H | Doctrine of State Responsibility | |
I | Refugees | |
J | Treatment of Aliens | |
1. Extradition | ||
a. Fundamental Principles | ||
b. Procedure | ||
c. Distinguished from Deportation | ||
K | International Human Rights Law | |
1. Universal Declaration of Human Rights | ||
2. International Covenant on Civil and Political Rights | ||
3. International Covenant on Economic, Social and Cultural Rights | ||
L | International Humanitarian Law | |
1. Categories of Armed Conflicts | ||
a. International Armed Conflicts | ||
b. Internal or Non-international Armed Conflict | ||
c. War of National Liberation | ||
d. Dispute Resolution | ||
2. War Crimes, Genocide, and Other Crimes Against Humanity | ||
3. The Role of the International Criminal Court | ||
M | Judicial and Arbitral Settlement | |
1. International Court of Justice | ||
2. Permanent Court of Arbitration | ||
3. Peaceful Settlement of International Disputes | ||
4. Use of Force Short of War | ||
5. War and Neutrality | ||
a. Treatment of Civilians | ||
b. Prisoners of War | ||
N | Law of the Sea | |
1. International Tribunal for the Law of the Sea | ||
2. Freedom of Navigation | ||
3. Maritime and Territorial Disputes | ||
O | International Environmental Law | |
1. Principle 21 of Stockholm Declaration | ||
2. Precautionary Principle | ||
XVII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A. Challenges | ||
B. Four Guiding Principles | ||
C. Three Outcomes and Activities |
MERCANTILE & TAXATION LAW 20%
MERCANTILE LAW | ||
I. BUSINESS ORGANIZATION (R.A No. 11232) | ||
A | Corporations | |
1. General Principles | ||
a. Nature and Attributes | ||
b. Nationality of Corporations | ||
i. Control Test | ||
ii. Grandfather Rule | ||
c. Doctrine of Separate Juridical Personality | ||
d. Doctrine of Piercing the Corporate Veil | ||
e. Trust Fund Doctrine | ||
2. Kinds of Corporation | ||
a. Stock Corporation | ||
b. Non-Stock Corporation | ||
c. Close Corporation | ||
d. Educational Corporations | ||
e. Religious Corporation | ||
f. One Person Corporation | ||
3. Incorporation and Organization | ||
a. Number and Qualifications of Incorporators | ||
b. Capitalization | ||
c. Corporate Term | ||
d. Classification of Shares | ||
e. Articles of Incorporation, Corporate Name, and Commencement of Corporate Existence | ||
f. By-Laws | ||
g. Corporate Officers | ||
h. De Facto Corporation | ||
i. Corporation by Estoppel | ||
4. Directors, Trustees, and Officers | ||
a. Qualifications and Disqualifications | ||
b. Elections | ||
c. Independent Directors | ||
d. Term, Holdover, and Removal | ||
e. Vacancy | ||
f. Voting Requirements | ||
g. Duties, Liability, and Dealings of Directors | ||
h. Doctrine of Centralized Management | ||
i. Business Judgment Rule | ||
j. Doctrine of Apparent Authority | ||
k. Doctrine of Ratification or Estoppel | ||
5. Powers of Corporations; Incidental Powers; Ultra Vires Doctrine | ||
6. Stockholders and Members | ||
a. Doctrine of Equality of Shares | ||
b. Participation in Management; Voting Requirements | ||
c. Proprietary Rights | ||
i. Right to Dividends | ||
ii. Right to Inspection | ||
iii. Pre-emptive Right | ||
iv. Appraisal Right | ||
d. Derivative Suit; Intra-corporate Suit | ||
e. Delinquency | ||
f. Certificate of Stock | ||
7. Mergers, Consolidations, and Acquisitions | ||
a. Asset Only Transfer | ||
b. Business Enterprise Transfer | ||
8. Corporate Dissolution and Liquidation | ||
9. Foreign Corporations | ||
a. Personality to Sue and Suability | ||
b. Republic Act (R.A.) No. 7042, as amended by R.A. Nos. 8179 and 11647 or the Foreign Investments Act | ||
i. “Doing Business in the Philippines” | ||
ii. Registration Requirement | ||
iii. Nationalized Activities and the Negative List | ||
B | Partnerships | |
1. General Provisions | ||
a. Definition and Separate Juridical Personality | ||
b. Rules to Determine Existence | ||
c. Separate Juridical Personality | ||
d. Partnership by Estoppel | ||
e. Kinds of Partnership | ||
2. Obligations of Partners among Themselves | ||
3. Property Rights of Partners | ||
4. Obligations of Partnership; Obligations of Partners to Third Persons | ||
5. Dissolution and Winding Up | ||
II. INSURANCE | ||
Presidential Decree No. 612, as amended by Republic Act No. 10607 | ||
A | Concept of Insurance | |
B | Insurable Interest | |
C | Concealment | |
D | Representation | |
E | Policy | |
F | Warranties | |
G | Premium | |
H | Loss | |
I | Notice and Proof of Loss | |
J | Double Insurance; Overinsurance | |
K | Reinsurance | |
III. TRANSPORTATION | ||
Civil Code | ||
A | General Principles of Common Carriers | |
1. Common Carrier vs. Private Carrier | ||
2. Diligence Required | ||
3. Vigilance over Goods | ||
4. Safety of Passengers | ||
IV. BANKING | ||
A | Secrecy of Bank Deposits (R.A. No. 1405 and R.A. No. 6426, as amended | |
1. Prohibited Acts | ||
2. Exceptions from Coverage | ||
3. Garnishment of Deposits, including Foreign Deposits | ||
B | General Banking Law (R.A. No. 8791) | |
1. Nature of Bank Funds and Bank Deposits | ||
2. Required Diligence of Banks | ||
3. Prohibited Transactions by Bank Directors, Officers, and Employees | ||
C | Philippine Deposit Insurance Corporation (R.A. No. 3591, as amended by R.A. Nos. 9576, 10846, and 11840) | |
1. Definition of Insured Deposit | ||
2. Deposit Insurance Coverage | ||
3. Splitting of Deposits | ||
D | Anti-Money Laundering Act (R.A. No. 9160, as amended by R.A. Nos. 9194, 10167, 10365, 10927, and 11521) | |
1. Policy | ||
2. Covered Institutions and their Obligations | ||
3. Covered Transactions | ||
4. Suspicious Transactions | ||
5. Safe Harbor Provision | ||
6. Money Laundering | ||
a. How Committed | ||
b. Predicate Crimes/Unlawful Activity | ||
7. Authority to Inquire, Freezing, and Forfeiture | ||
V. INTELLECTUAL PROPERTY | ||
Republic Act No. 8293, as amended | ||
A | Patents | |
1. Patentable vs. Non-patentable Inventions | ||
2. Ownership of a Patent | ||
3. Rights and Limitations of Patent Owner | ||
4. Patent Infringement | ||
5. Cancellation | ||
B | Trademarks | |
1. Marks vs. Collective Marks vs. Trade Names | ||
2. Non-Registrable Marks | ||
3. Ownership, Registration, and Duration | ||
C | Copyrights | |
1. Copyrightable Works | ||
2. Non-Copyrightable Works | ||
3. Rights Conferred by Copyright | ||
4. Ownership of a Copyright | ||
5. Limitations on Copyright | ||
6. Copyright Infringement | ||
VI. SECURED TRANSACTIONS | ||
A | R.A. No. 11057 or the Personal Property Security Act | |
1. Definitions and Scope | ||
2. Creation of Security Interest | ||
3. Perfection of Security Interest | ||
a. Registration | ||
b. Possession | ||
c. Control | ||
VII. OTHER SPECIAL LAWS AND RULES | ||
A | R.A. No. 10142 or the Financial Rehabilitation and Insolvency Act | |
1. Definition of Insolvent | ||
2. Rehabilitation | ||
a. Key Concepts | ||
b. Effects of Commencement Order and Exceptions | ||
c. Cram Down Effect | ||
3. Liquidation and Effects of Liquidation Order | ||
4. Suspension of Payments | ||
B | R.A. No. 10173 or the Data Privacy Act | |
1. Personal vs. Sensitive Personal Information | ||
2. Scope | ||
3. Processing of Personal and Sensitive Personal Information; Lawful Basis | ||
4. General Data Privacy Principles | ||
5. Rights of Data Subject | ||
C | R.A. No. 8792 or the Electronic Commerce Act | |
1. Legal Recognition of Electronic Data Messages, Documents, and Signatures | ||
2. Lawful Access and Obligation of Confidentiality | ||
D | Commonwealth Act No. 146 as amended by R.A. No. 11659 or the Public Service Act | |
VIII. TAXATION LAW | ||
A | General Principles | |
1. Concept and Definition of Taxation | ||
2. Inherent and Constitutional Limitations of Taxation | ||
3. Requisites of a Valid Tax | ||
4. Lifeblood Doctrine; Manifestations; Prohibition on Compensation and Set-off, Impact, Effect | ||
5. Authority of Congress, Secretary of Finance, Commissioner of Internal Revenue (CIR) | ||
6. Construction and Interpretation of Tax Laws, Rules, and Regulations | ||
7. Double Taxation | ||
a. Direct Duplicate Taxation | ||
b. Indirect Duplicate Taxation | ||
c. Mitigants | ||
i. Tax Exemption ii. Tax Credit iii. Tax Deduction iv. Tax Discount | ||
ii. Tax Credit | ||
iii. Tax Deduction | ||
iv. Tax Discount | ||
v. Reciprocity Principle | ||
8. Escape from Taxation | ||
a. Shifting of Tax Burden | ||
b. Tax Avoidance | ||
c. Tax Evasion | ||
9. Tax Exemption | ||
a. Nature – Exempt Person vs. Exempt Transaction | ||
b. Express or Implied | ||
c. Contractual | ||
d. Construction of Tax Exemption Laws | ||
e. Revocation | ||
10. Compromise and Tax Amnesty | ||
11. Taxpayer’s Suit: Rationale and Requisites | ||
B | National Internal Revenue Code of 1997 (NIRC), as amended by R.A.No. 10963, or the Tax Reform for Acceleration and Inclusion (TRAIN) Law Taxes and R.A. No. 11976 or the Ease of Paying Taxes Act | |
1. Income Tax | ||
a. Nature and General Principles | ||
i. Criteria in Imposing Philippine Income Tax | ||
ii. Types of Philippine Income Taxes | ||
iii. Kinds of Taxpayers – Individual, Corporations, Trusts, Estate | ||
(a) Individual vs. Corporate Income Taxation – Schedular vs. Flat Rate | ||
(b) Income Tax on Special Corporations | ||
b. Income | ||
i. Definition | ||
ii. Realization and Recognition of Income | ||
iii. Taxability of Income iv. | ||
iv. Income Sources | ||
(a) Compensation Income | ||
(b). Professional Income | ||
(c) Income from Business | ||
(1) Active vs. Passive Income | ||
(d) Income from Dealings in Property | ||
(1) Capital vs. Ordinary Asset | ||
(e) Situs of Income Taxation | ||
(f) Gross Income vs. Net Income vs. Taxable Income | ||
(1) Tax Deductions vs. Tax Credits | ||
(2) Optional Standard Deduction | ||
(g) Withholding Taxes | ||
(1) Rationale | ||
(2) Creditable vs. Withholding Taxes | ||
(3) Duties of a Withholding Agent | ||
2. Value-Added Tax (VAT) | ||
a. Concept and Elements of VATable Transactions | ||
b. Impact and Incidence of Tax | ||
c. Destination Principle; Cross-Border Doctrine | ||
d. Transactions Deemed Sale Subject to VAT | ||
e. Zero-Rated Transactions | ||
f. VAT Exempt Persons vs. VAT Exempt Transactions | ||
g. Input and Output Tax | ||
h. Tax Refund or Tax Credit | ||
3. Tax Remedies | ||
a. General Concepts | ||
i. Tax Deficiency vs. Tax Delinquency | ||
ii. Tax Evasion | ||
b. Civil Penalties | ||
i. Deficiency Interest and Delinquency Interest | ||
ii. Surcharge | ||
iii. Compromise Penalty | ||
c. Assessment Process | ||
i. Letter of Authority | ||
ii. Submission of Supporting Documents by taxpayer | ||
iii. Notice of Discrepancy | ||
iv. Issuance of Preliminary Assessment Notice | ||
v. Issuance of Formal letter of Demand/Final Assessment Notice | ||
(a) Prescriptive Period for Assessment | ||
(1) False Returns vs. Fraudulent Returns vs. Non-Filing Returns | ||
(b) Suspension of the Running of Statute of Limitations | ||
d. Collection Process | ||
i. Requisites | ||
ii. Prescriptive Periods | ||
e. Taxpayers Remedies | ||
i. Protesting an Assessment | ||
(a) Period to File Protest | ||
(b) Effect of Failure to File Protest | ||
ii. Submission of Supporting Documents by Taxpayer | ||
iii. Decision of the Commissioner on the Protest | ||
(a) Period to Act Upon or Decide on Protest Filed | ||
(b) Remedies of the Taxpayer in case the CIR Denies the Protest or Fails to Act on the Protest | ||
(c) Effect of Failure to Appeal | ||
iv. Compromise and Abatement of Taxes | ||
v. Recovery of Tax Erroneously or Illegally Collected | ||
(a) Grounds, Requisites, and Period for Filing a Claim for Refund or Issuance of a Tax Credit Certificate | ||
(b) Proper Party to File Claim for Refund or Tax Credit | ||
f. Government Remedies | ||
i. Administrative Remedies | ||
(a) Tax Lien | ||
(b) Distraint and Levy | ||
(c) Forfeiture of Real Property | ||
(d) Suspension of Business Operation | ||
ii. Judicial Remedies | ||
(a) Civil Action | ||
(b) Criminal Action | ||
(c) Non-Availability of Injunction on Collection | ||
IX. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A | Challenges | |
B | Four Guiding Principles | |
C | Three Outcomes and Activities |
CIVIL LAW 20%
CIVIL LAW 20% | ||
I. PRELIMINARY TITLE | ||
A | Effect and Application of Laws | |
1. When Laws Take Effect | ||
2. Ignorance of the Law | ||
3. Instances when laws are given retroactive effect by way of exception | ||
4. Nullity of acts committed in violation of mandatory or prohibitory laws; Exceptions | ||
5. Waiver | ||
6. Void Laws | ||
a. Exception posed by the Doctrine of Operative Fact | ||
7. Judicial Decisions | ||
a. Stare Decisis | ||
i. Kinds of Stare Decisis | ||
ii. Prospective Application of Doctrines; Exception | ||
8. Computation of Periods | ||
a. Section 31, Chapter VIII, Book I of the Revised Administrative Code of 1987 | ||
9. Principle of generality of criminal law | ||
10. Conflict of Laws | ||
a. Lex Nationalii | ||
b. Lex Rei Sitae | ||
c. Lex Loci Celebrationis | ||
B | Human Relations | |
1. Abuse of Right | ||
2. Unjust Enrichment | ||
3. Tortious Interference | ||
4. Accion in rem verso | ||
II. PERSONS | ||
A | Juridical capacity | |
1. Acquisition of personality | ||
a. Natural persons | ||
b. Juridical persons | ||
i. Sections 2, 4 and 18 of Republic Act (R.A.) No. 11232 | ||
B | B. Capacity to Act | |
1. Presumption of capacity to act | ||
2. Acquisition of Capacity to Act – R.A. No. 6809 | ||
C | C. Restrictions on capacity to act | |
1. Further restrictions on capacity to act arising from minority – R.A. No. 11596 | ||
III. FAMILY CODE | ||
Executive Order No. 209 | ||
A | Marriage | |
1. General Principles | ||
a. State Policy on Marriage | ||
b. Essential and Formal Requisites of Marriage | ||
c. Effects of Absence, Defect or Irregularity of the Requisites | ||
d. Rights and Obligations Between Husband and Wife | ||
2. Validity of Marriages Celebrated Abroad | ||
a. Grounds available to have marriages celebrated abroad declared null and void in the Philippines; | ||
b. Relevance of the nationality of the parties in relation to the available grounds for declaration of nullity of mixed marriages in the Philippines | ||
3. Mixed Marriages and Foreign Divorce | ||
a. See Republic v. Manalo, 831 Phil. 33 (2018) | ||
4. Void Marriages | ||
a. Different Grounds for Nullity | ||
i. See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021 | ||
b. Legal standing to file a petition for declaration of nullity | ||
c. Collateral attack to assail validity of a marriage | ||
d. Legal Consequences of Declaring a Marriage as Null and Void | ||
5. Voidable Marriages | ||
a. Grounds | ||
b. Defenses | ||
c. Legal Consequences of Annulment of Marriage | ||
6. Legal Separation | ||
a. Grounds | ||
b. Defenses | ||
c. Legal Consequences of Legal Separation | ||
d. Effects of Reconciliation | ||
7. Property Relations Between the Spouses | ||
a. Ante-Nuptial Agreements or Marriage Settlements | ||
b. Donation Propter Nuptias | ||
c. Different Property Regimes | ||
i. Absolute Community of Property Regime | ||
ii. Conjugal Partnership of Gains Regime | ||
iii. Complete Separation of Property Regime or Judicial Separation of Property | ||
d. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains | ||
e. Property Regime of Unions Without Marriage | ||
8. Paternity and Filiation | ||
a. Concepts of Paternity, Filiation, and Legitimacy | ||
b. Legitimate Children | ||
i. Who are Legitimate Children | ||
ii. Proof and period to establish legitimate filiation | ||
iii. Rights of Legitimate Children | ||
iv. Standing to Impugn Legitimacy | ||
v. Grounds to Impugn Legitimacy | ||
vi. Prescriptive periods to impugn legitimacy | ||
c. Illegitimate Children | ||
i. Who are Illegitimate Children | ||
ii. Proof of Filiation of Illegitimate Children | ||
iii. Rights of Illegitimate Children – R.A. No. 9255 | ||
iv. Grounds to Impugn | ||
d. Legitimated Children | ||
i. Who May be Legitimated – R.A. No. 9858 | ||
ii. How Legitimation Takes Place | ||
iii. Grounds to Impugn Legitimacy | ||
e. Adopted Children – R.A. No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act | ||
i. Who May Adopt | ||
ii. Who May be Adopted | ||
iii. Administrative Process of Adoption | ||
iv. Effects of Adoption | ||
v. Rescission of Adoption | ||
vi. See R.A. No. 11222 | ||
vii. Foundlings; Citizenship Status and Administrative Adoption of Foundlings under R.A. No. 11767 | ||
9. Support | ||
a. What Comprises Support | ||
b. Who are Obliged to Give Support | ||
c. Source of Support | ||
d. Order of Support | ||
10. Parental Authority | ||
a. Concept of Parental Authority | ||
b. Substitute Parental Authority | ||
c. Special Parental Authority | ||
d. Effects of Parental Authority | ||
IV. CIVIL REGISTER | ||
A | Correction of Entries in the Civil Register | |
1. Rule 108, Rules of Court | ||
2. R.A. No. 9048 as amended by R.A. No. 10172 | ||
3. R.A. No. 11909 | ||
B | Proscription against collateral attack on a person’s status via correction of entries in the civil register | |
V. OBLIGATIONS AND CONTRACTS | ||
A | Obligations | |
1. Civil and Natural Obligations | ||
2. General Provisions | ||
a. Definition | ||
b. Essential Elements | ||
c. Sources of Obligation | ||
3. Nature and Effects of Obligations | ||
a. Breaches of Obligations | ||
b. Remedies for Breach of Obligations | ||
c. Defense of Fortuitous Event | ||
4. Different Kinds of Obligations | ||
a. Pure | ||
b. Conditional; Kinds of Conditions | ||
c. With a Period | ||
d. Alternative Obligations | ||
e. Joint and Solidary Obligations | ||
f. Divisible and Indivisible Obligations | ||
g. Obligations with a Penal Clause | ||
5. Extinguishment of Obligations | ||
a. Payment | ||
i. Concept of Payment | ||
ii. Capacity and/or Identity of Payor or Payee | ||
iii. Special Forms of Payment | ||
b. Loss of the Thing Due | ||
i. Concept of Loss | ||
ii. Requisites | ||
iii. Effect of Loss on an Obligation | ||
iv. Presumption of Loss | ||
v. Principle of Rebus Sic Stantibus as applied to obligations | ||
c. Condonation | ||
d. Confusion | ||
e. Compensation | ||
i. Requisites | ||
ii. Effect of Assignment of Credit on right to invoke compensation | ||
iii. Non-Compensable Debts | ||
f. Novation | ||
i. Concept of Novation | ||
ii. Express and Implied Novation | ||
iii. Expromision and Delegacion Distinguished | ||
(a) Consent Required | ||
(b) Effect of Insolvency of New Debtor iv. Legal and Conventional Subrogation | ||
6. Estoppel | ||
B | Contracts | |
1. General Provisions | ||
a. Definition of a Contract | ||
b. Elements of a Contract | ||
i. Essential Elements ii. Natural Elements | ||
2. Basic Principles of Contracts | ||
a. Obligatory Force of a Contract | ||
b. Freedom to Stipulate (Autonomy of the Will) and its Limitations | ||
c. Relativity | ||
i. Concept | ||
ii. Exceptions to the Rule on Privity of Contracts | ||
d. Consensuality of Contracts | ||
i. Concept and Coverage ii. Exceptions | ||
iii. Reformation of Instruments | ||
e. Mutuality of Contracts | ||
3. Real vs. Consensual Contracts | ||
4. Form, Reformation, and Interpretation of Contracts | ||
5. Defective Contracts | ||
a. Rescissible Contracts | ||
b. Voidable Contracts | ||
c. Unenforceable Contracts | ||
d. Void Contracts | ||
VI. WILLS AND SUCCESSION | ||
A | Succession | |
1. Definition | ||
2. Elements of Succession | ||
a. Death | ||
b. Inheritance | ||
i. Property | ||
ii. Rights | ||
iii. Obligations | ||
iv. Extent of a Person’s Liability for an Inherited Obligation | ||
c. Successors | ||
i. Heirs | ||
ii. Voluntary Heirs | ||
iii. Compulsory Heirs | ||
iv. Intestate Heirs | ||
v. Legatees and Devisees | ||
d. Acceptance | ||
B | Different Kinds of Succession | |
1. Testamentary Succession | ||
a. Concept | ||
b. Wills | ||
i. Characteristics of a Will | ||
ii. Effect of simply providing for disinheritance | ||
c. Testamentary Capacity | ||
d. Kinds of Wills: Notarial and Holographic Wills | ||
i. Requisites Common to Notarial and Holographic Wills | ||
ii. Requisites of a valid Notarial Will | ||
iii. Special Requirements | ||
iv. Requisites of a valid Holographic Will | ||
e. Codicils and Doctrine of Incorporation by Reference | ||
f. Revocation of Wills and Testamentary Dispositions | ||
i. Modes | ||
ii. Presumption of Revocation | ||
iii. Doctrine of Dependent Relative Revocation | ||
g. Republication and Revival of Wills | ||
h. Allowance and Disallowance of Wills | ||
i. Institution and Substitution of Heirs | ||
j. Dispositions with a Condition or Term | ||
k. Legacies and Devices | ||
i. Instances when legacy/device is deemed revoked | ||
2. Compulsory Succession | ||
a. Table of Legitime | ||
b. Computation of the Net Hereditary Estate | ||
c. Determination of the Legitime | ||
d. Consequence of Impairment of the Legitime | ||
e. Preterition | ||
f. Disinheritance | ||
i. Requisites | ||
ii. Grounds | ||
iii. Effects of Disinheritance | ||
iv. Effect of Reconciliation | ||
v. Preterition vs. Defective Disinheritance | ||
3. Intestate Succession | ||
a. Causes of Intestacy | ||
b. Order of Intestate Succession | ||
c. Rule of Proximity and Rule of Equality | ||
d. Iron Curtain Rule | ||
C | Provisions Common to Testate and Intestate Succession | |
1. Rule of Proximity | ||
2. Rule of Preference of Lines | ||
3. Right of Representation | ||
a. In the descending line | ||
b. In the collateral line | ||
c. Effect of illegitimate filiation of the representative as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021 | ||
4. Right of Accretion in intestate and testate succession | ||
a. Requisites and limitations | ||
5. Collation | ||
6. Acceptance and Repudiation of Inheritance | ||
a. Form of Repudiation | ||
b. No right of representation when there is repudiation | ||
7. Capacity to inherit | ||
VII. SPECIAL CONTRACTS | ||
A | Contract of Sale | |
1. Nature and Form | ||
a. Contract of Sale vs. Contract to Sell | ||
b. Option Contract | ||
c. Right of First Refusal | ||
d. Earnest Money in Contract of Sale and Contract to Sell | ||
2. Capacity to Buy or Sell | ||
3. Obligations of the Vendor | ||
4. Double Sale | ||
5. Effects of Loss of Thing Sold | ||
6. Recto Law | ||
7. Maceda Law (R.A. No. 6552) | ||
a. Transactions covered by the Maceda Law | ||
b. Computation of the number of installments made | ||
c. Rights given to the buyer on installment | ||
d. Requisites for a valid cancellation under the Maceda Law | ||
e. Consequence of failure to comply with the requisites of a valid cancellation under the Maceda Law | ||
8. Conventional and Legal Redemption | ||
9. Equitable Mortgage | ||
B | Contract of Lease | |
1. Rights and Obligations of the Lessor and Lessee | ||
2. Sublease and Assignment of Lease | ||
C | Agency | |
1. Nature, Form, and Kinds | ||
2. Obligations of Agent and Principal | ||
3. Extinguishment | ||
VIII. CREDIT TRANSACTIONS | ||
A | Loans | |
1. Definition | ||
2. Kinds of Loans | ||
a. Commodatum | ||
b. Mutuum | ||
B | Deposit | |
1. Definition | ||
2. Kinds of Deposit | ||
a. Judicial | ||
b. Extrajudicial | ||
C | Guaranty and Suretyship | |
1. Nature and Extent of Guaranty | ||
2. Effects of Guaranty | ||
3. Extinguishment of Guaranty | ||
4. Legal and Judicial Bonds | ||
D | Real Estate Mortgage | |
1. Requisites | ||
2. Characteristics | ||
3. Foreclosure | ||
4. Right of Redemption | ||
IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS | ||
A | Property | |
1. Requisites | ||
2. Classification of Property | ||
a. According to Nature | ||
i. Immovable Property | ||
ii. Movable Property | ||
b. According to Ownership | ||
i. Property of Private Ownership | ||
ii. Property of Public Dominion | ||
B | Ownership | |
1. Definition | ||
2. Object of Ownership | ||
a. Difference between real and personal rights | ||
3. Attributes of Ownership | ||
4. Consequences of Ownership | ||
5. Actions to Recover Ownership and Possession of Property | ||
a. Doctrine of Self-Help | ||
b. Accion Reivindicatoria | ||
c. Accion Publiciana | ||
d. Accion Interdictal | ||
e. Quieting of Title | ||
6. Rights of Accession | ||
a. General Principles | ||
b. Kinds | ||
i. Accession Discreta | ||
ii. Accession Continua | ||
iii. Accession Natural | ||
iv. Accession Industrial in relation to Immovable Property | ||
v. Accession Industrial in relation to Movable Property | ||
7. Co-Ownership | ||
a. Definition | ||
b. Quantitative and Qualitative Concept of Co-ownership | ||
c. Consequences of Co-ownership | ||
d. Right of Legal Redemption given to Co-owners of a co-owner selling his or her ideal share | ||
i. Requisites | ||
ii. Distinguished from the right of legal redemption given to co-heirs under Article 1080 of the Civil Code | ||
e. Partition | ||
f. Prescription among co-owners | ||
8. Possession | ||
a. Definition | ||
b. Classification of Possession | ||
i. Possession exercised in one’s own name or in the name of another | ||
ii. Possession in concept of owner and possession in concept of holder | ||
iii. Possession in good faith or bad faith | ||
c. Effects of Possession | ||
i. Nature of possession required for acquisitive prescription | ||
ii. Presumption of just title | ||
iii. Right to the fruits | ||
iv. Right to Necessary Expenses, Useful Expenses and Luxurious Expenses | ||
v. Effect of limited right of removal on the right to useful and luxurious improvements | ||
vi. Possession equivalent to title | ||
d. Loss of Possession | ||
9. Easements | ||
a. Concept of Easement | ||
b. Characteristics | ||
c. Kinds of Easement | ||
d. Modes of Acquiring Easements | ||
e. Rights and obligations of the dominant and servient estate | ||
f. Modes of Extinguishment of Easements | ||
C | Different Modes of Acquiring Ownership | |
1. Occupation | ||
2. Tradition | ||
3. Donation | ||
a. Concept and definition | ||
b. Essential elements | ||
c. Classification of Donation | ||
d. Distinctions Between Mortis Causa and Inter Vivos Donation | ||
e. Donations Mortis Causa as Testamentary Dispositions | ||
f. Form | ||
g. Prohibited donations | ||
h. Reduction and Revocation 4. Prescription | ||
X. QUASI-CONTRACTS | ||
A | Definition of Quasi Contracts | |
B | Kinds | |
1. Negotiorum Gestio | ||
2. Solutio Indebiti | ||
a. Distinction from Accion in Rem Verso | ||
b. Mistake of law as basis for solutio indebiti | ||
c. Significance of good faith on the part of the payee | ||
3. Other Quasi Contracts | ||
XI. QUASI-DELICTS | ||
A | Principles | |
1. Abuse of Right; Elements | ||
2. Unjust Enrichment | ||
3. Liability without Fault | ||
4. Acts Contrary to Law | ||
5. Acts Contrary to Morals | ||
B | The Tortfeasor | |
1. The Direct Tortfeasor | ||
a. Natural Persons | ||
b. Juridical Persons | ||
2. Persons Made Responsible for Others | ||
a. In General | ||
i. Quasi-delicts | ||
ii. Indirect liability for intentional acts | ||
iii. Presumption of negligence on persons indirectly responsible | ||
iv. Nature of liability | ||
b. In Particular | ||
i. Parents | ||
ii. Guardian | ||
iii. Owners and Managers of Establishments and Enterprises | ||
iv. Employers | ||
v. State | ||
vi. Teachers and Heads of Establishments of Arts and Trades | ||
3. Joint Tortfeasors | ||
C | Proximate Cause | |
1. Concept | ||
a. Distinguished from Immediate Cause | ||
b. Distinguished from Intervening Cause | ||
c. Distinguished from Remote and Concurrent | ||
2. Legal Cause | ||
a. Natural and Probable Consequences | ||
b. Foreseeability | ||
3. Efficient Intervening Cause | ||
4. Cause vs. Condition | ||
5. Last Clear Chance | ||
D | Classification of Torts | |
1. Intentional | ||
2. Negligent | ||
3. Strict Liability | ||
E | Defenses | |
1. Due diligence | ||
2. Acts of public officers | ||
3. Accident or fortuitous event | ||
4. Damnum absque injuria | ||
5. Assumption of risk | ||
6. Last clear chance | ||
7. Prescription | ||
8. Waiver | ||
9. Double recovery | ||
F | Medical Negligence and Malpractice | |
XII. DAMAGES | ||
A | General Considerations | |
B | Kinds | |
1. Actual and Compensatory Damages | ||
2. Moral Damages | ||
3. Nominal Damages | ||
4. Temperate or Moderate Damages | ||
5. Liquidated Damages | ||
6. Exemplary or Corrective Damages | ||
C | Damages in Case of Death | |
D | Duty of Injured Party | |
XIII. LAND TITLES AND DEEDS | ||
Presidential Decree No. 1529 | ||
A | Torrens System | |
1. Decree of Registration | ||
2. Review of Decree of Registration | ||
3. Innocent Purchaser for Value; Rights | ||
B | Regalian Doctrine | |
C | National Restrictions on Land Ownership | |
D | Confirmation of Imperfect Titles – R.A. No. 11573 | |
E | Subsequent Registration | |
1. Voluntary Dealings | ||
2. Involuntary Dealings; Adverse Claims and Notice of Lis Pendens | ||
F | Non-Registrable Properties (Civil Code) | |
G | Dealings with Unregistered Lands | |
H | Assurance Fund | |
1. Nature of Assurance Fund | ||
2. Conditions for Compensation from Assurance Fund | ||
3. Parties named as respondents in action to claim against the Assurance Fund | ||
4. Reckoning point of the prescriptive period to claim against the Assurance Fund | ||
I | Reconstitution of Title | |
XIII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A | Challenges | |
B | Four Guiding Principles | |
C | Three Outcomes and Activities |
LABOR LAW 10%
LABOR LAW AND SOCIAL LEGISLATION 10% | ||
I. INTRODUCTION TO LABOR LAW: FUNDAMENTAL PRINCIPLES/CONCEPTS | ||
A | Legal Basis | |
1. International Documents | ||
a. International Labor Organization Ratifications | ||
2. 1987 Constitution | ||
3. Civil Code | ||
4. Labor Code | ||
B | Recruitment and Placement | |
1. Local employment and overseas employment; Republic Act (R.A.) No. 8042, as amended by R.A. No. 10022; R.A. No. 10706, R.A. No. 11641 | ||
2. Revised Philippine Overseas Employment Administration (POEA) Rules and regulations Governing the Recruitment and Employment of Land based Overseas Filipino Workers | ||
3. 2016 Revised POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers | ||
4. Parties | ||
a. Worker | ||
b. Migrant worker or Overseas Filipino Worker | ||
c. Private Employment Agency | ||
d. Private Recruitment Entity | ||
e. License /Authority | ||
5. Definition of recruitment and placement | ||
6. Regulation of recruitment and placement activities | ||
a. See also POEA Charter (Executive Order No. 247, series of 1987, as amended by R.A. No. 9422), Department of Migrant Workers (DMW) Charter R.A. No. 11641 | ||
7. Regulatory authorities | ||
a. DMW | ||
b. Regulatory and visitorial powers of the DMW Secretary 8. Ban on direct hiring | ||
9. Entities prohibited from recruiting | ||
10. Suspension or cancellation of license or authority | ||
11. Prohibited practices | ||
C | Illegal Recruitment | |
1. Elements and Types | ||
2. Illegal recruitment as distinguished from estafa | ||
D | Liability of local recruitment agency and foreign employer | |
1. Solidary liability | ||
2. Theory of imputed knowledge | ||
E | Termination of contract of migrant worker | |
F | Employment of non-resident aliens | |
1. Department Order No. 221-2021 (Revised Rules and Regulations for the Issuance of Alien Employment Permits to Foreign Nationals) | ||
II. JURISDICTION & REMEDIES | ||
See also Executive Order Nos. 126 & 251; Republic Act No. 9347 | ||
A | Jurisdiction | |
1. Reinstatement | ||
2. Backwages | ||
3. Damages and Attorney’s Fees | ||
4. Separation Pay | ||
5. Financial Assistance | ||
6. Indemnity | ||
7. Liability of Corporate Officers | ||
B | Labor Arbiter, See also R.A. No. 8042 | |
1. Jurisdiction of the Labor Arbiter as distinguished from the Regional Director | ||
2. Requirements to perfect appeal to National Labor Relations Commission (NLRC), 2011 NLRC Rules of Procedure | ||
C | NLRC | |
D | Court of Appeals | |
E | Supreme Court | |
F | Department of Labor and Employment (DOLE) Regional Directors | |
1. Jurisdiction | ||
2. Recovery and adjudicatory power | ||
G | DOLE Secretary | |
1. Jurisdiction | ||
2. Visitorial and enforcement powers | ||
a. Department Order No. 283-23 series of 2023 | ||
3. Power to suspend effects of termination | ||
a. Department Order No. 183 series of 2017 | ||
H | Voluntary Arbitrator | |
1. Jurisdiction | ||
2. Remedies | ||
I | Prescription of actions | |
1. Civil Code and Labor Code | ||
III. SOCIAL LEGISLATION | ||
A | Social Security System Law – R.A. No. 11199 | |
1. Coverage and exclusions | ||
2. Dependents, Beneficiaries | ||
3. Benefits | ||
B | Government Service Insurance System Law – R.A. No. 8291 | |
1. Coverage and exclusions | ||
2. Dependents, Beneficiaries | ||
3. Benefits | ||
C | Portability – R.A. No. 7699 | |
D | Disability and Death Benefits | |
1. Labor Code, Article 198 | ||
2. POEA Standard Employment Contract – Sec. 32 POEA Standard Employment Contract | ||
3. Rules on referral to third doctor | ||
4. Supplemental Guidelines on the Implementation of the Mental Health Policy and Program in the Workplace, Labor Advisory No. 19, September 15, 2023 | ||
E | Management Prerogative | |
1. Occupational Qualifications | ||
2. Productivity Standards | ||
3. Change of Working Hours | ||
4. Transfer of Employees | ||
5. Discipline of Employees | ||
6. Grant of Bonuses and Other Benefits | ||
7. Clearance Process | ||
8. Post-Employment Restrictions | ||
IV. WORK RELATIONSHIPS | ||
A | Employer-employee relations | |
1. Definition | ||
2. Department Order No.147-15, Sec. 3 | ||
3. Tests | ||
4. Burden of proving employer-employee relationship | ||
5. Piercing the corporate veil | ||
6. Cases involving Television broadcasters | ||
B | Independent Contractor – Trilateral Relations; Labor Code; Department Order No. 174, Executive Order No. 51, Department Circular 1 s. 2017 | |
1. Trilateral relationship; requirements for independent contractor | ||
2. Permissible contracting or subcontracting; not covered | ||
3. Rights of contractor’s/subcontractor’s employees | ||
4. Effect of termination of employment | ||
5. Prohibited contracting – Labor-only contractor | ||
6. Registration of contractor | ||
7. Other prohibitions | ||
8. Solidary liability | ||
9. Retaliatory measures | ||
10.Applicability/non-applicability | ||
C | Independent Contractor – Bilateral Relations | |
V. LABOR STANDARDS | ||
A | A. Conditions of Employment | |
1. Hours of work | ||
2. Flexible work arrangements, R.A. No. 11165 | ||
3. The Bunkhouse Rule | ||
4. The Personal Comfort Doctrine | ||
a. Normal hours of work | ||
b. Night shift differential | ||
5. Overtime work | ||
a. Compressed work week | ||
b. Built-in overtime | ||
6. Non-compensable hours; when compensable | ||
a. Meal break | ||
b. Power interruptions or brownouts | ||
c. Idle time | ||
d. Travel time | ||
e. Commuting time | ||
f. Waiting time | ||
7. Rest periods | ||
8. Service charge – R.A. No. 11360, Department Order No. 242-24 | ||
B | Wages – Labor Code, Implementing Rules and Regulations (IRR), R.A. No. 6727, R.A. No. 9504, R.A. No. 9178 | |
1. Definition, components, and exclusions | ||
a. Wage vs. Salary | ||
b. Bonus, 13th month | ||
c. Holiday pay | ||
i. Labor Code, Executive Order 203, IRR, R.A. No. 9492, R.A. No. 9849, R.A. No. 10966 | ||
2. Principles | ||
a. No work, no pay | ||
b. Equal pay for equal work/Equal Pay for Work of Equal Value | ||
c. Fair day’s wage for a fair day’s work | ||
d. Non-diminution of benefits | ||
3. Minimum wage | ||
a. Payment of hours worked | ||
b. Payment by results | ||
4. Payment of wages | ||
5. Prohibitions regarding wages | ||
6. Wage determination – Labor Code, R.A. No. 6727, R.A. No. 8188, R.A. No. 9178, Latest Wage Order from http://www.nwpc.dole.gov.ph/ | ||
a. Wage order | ||
b. Wage distortion | ||
C | Leaves | |
1. Labor Code | ||
a. Service incentive leave | ||
2. Special Laws | ||
a. Parental leave for solo parents | ||
b. R.A. No. 8972, as amended by R.A. No. 11861 | ||
c. Expanded maternity leave – R.A. No. 11210 | ||
d. Paternity leave – R.A. No. 8187 | ||
e. Gynecological leave – R.A. No. 9710, Sec 18; Department Order No. 112-11; CSC Resolution No. 1000432, November 22, 2010 | ||
f. Battered Woman Leave (VAWC Leave) – R.A. No. 9262 | ||
D | Working conditions for special workers | |
1. Apprentices and learners | ||
a. The Dual Training System Act: R.A. No. 7686, R.A. No. 10869 or the Jobstart Philippines Act | ||
b. R.A. No. 11230 or the Tulong-Trabaho Act | ||
2. Persons with disabilities | ||
a. R.A. No. 7277 as amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10524 | ||
E | Working Conditions for special groups of employees – Labor Code, IRR, R.A. No. 10151, R.A. No. 7877, R.A. No. 9710, R.A. No. 7192, Social Security Act, R.A. No. 11210, R.A. No. 8187, R.A. No. 10028 and implementing rules | |
1. Gender | ||
a. Discrimination | ||
b. Stipulation against marriage | ||
c. Prohibited acts | ||
d. Facilities for women | ||
e. Women working in night clubs, etc. | ||
2. Minors | ||
a. R.A. No. 7610, as amended by R.A. No. 7658, R.A. No. 9231, Department Circular No. 2 Series of 2017 (Guidelines on the Issuance of Work Permit for Children Below 15 years of Age Engaged in Public Entertainment or Information, as amended by Department Circular No. 2 Series of 2018) | ||
b. DOLE Department Advisory 01-08 Series of 2008 | ||
c. Department Order No. 149 series of 2016, Department Order No. 149-A (2017) | ||
3. Night workers – R.A. No. 10151 (2011) | ||
4. Kasambahays – R.A. No. 10361 | ||
5. Home workers | ||
F | Sexual Harassment in the Work Environment, R.A. No. 7877; Safe Spaces Act, R.A. No. 11313, Article IV | |
VI. POST-EMPLOYMENT: KINDS OF EMPLOYMENT | ||
A | Regular Employees | |
B | Casual Employees | |
C | Project Employees | |
D | Fixed Term Employees | |
E | Seasonal Employees | |
F | Probationary Employees | |
VII. TERMINATION BY EMPLOYER | ||
See also Department Order No. 147-15 | ||
A | Generally | |
B | Just Causes | |
C | Preventive Suspension | |
D | Constructive Dismissal vs. Demotions | |
E | Authorized Causes – Labor Code, Department Order No. 147-15 | |
1. Retrenchment | ||
2. Redundancy | ||
3. Closure | ||
4. Disease (Labor Code, Article 299) | ||
5. Union Security Clause | ||
6. Illegal Strike | ||
a. Procedure – Labor Code, Department Order No. 147-15 | ||
b. Quitclaim | ||
VIII. TERMINATION BY EMPLOYEE | ||
IX. RETIREMENT | ||
Republic Act No. 7641, Implementing Rules; Labor Advisory on Retirement Pay, as amended by Republic Act No. 8558; Republic Act No. 10757 | ||
X. LABOR RELATIONS | ||
A | Right to Self-Organization | |
1. Government Corporations, 1987 Constitution; Labor Code, IRR, 2024 Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize | ||
B | Rights and Conditions of Membership | |
1. Admission and Discipline of Members | ||
2. Election of Officers: Qualifications; Manner of Election; Tenure and Compensation | ||
3. Major Policy Matter | ||
4. Union Funds | ||
5. Payment of Attorney’s Fees | ||
6. Requisites of Check-Off; Payment of Special Assessment | ||
7. Mandatory Activity | ||
8. Union Information | ||
9. Enforcement and Remedies; Procedure, Jurisdiction, and Sanctions | ||
C | Union Chartering/Affiliation: Local and Parent Union Relations | |
D | Bargaining Unit | |
E | Bargaining Representative | |
F | Collective Bargaining and Administration | |
G | Unfair Labor Practice | |
H | Peaceful Concerted Activities – Labor Code, R.A. No. 6727 | |
XI. JURISDICTION AND RELIEFS | ||
Republic Act No. 10396, Department Order No. 151-16 | ||
A | NLRC; Labor Arbiters | |
B | NLRC Rules of Procedure (2011) | |
1. Injunction | ||
C | Bureau of Labor Relations | |
D | Inter/Intra Union Disputes and Other related Labor Relations Disputes | |
1. Voluntary Arbitration, Tripartite Voluntary Arbitration Advisory Council | ||
E | National Conciliation Mediation Board | |
1. Labor Code, Articles 219(c), 26 | ||
XII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A | Challenges | |
B | Four Guiding Principles | |
C | Three Outcomes and Activities |
REMEDIAL LAW 25%
REMEDIAL LAW 25% | Target Date | Status | NOTES | ||
REMEDIAL LAW | |||||
CIVIL PROCEDURE | |||||
I. GENERAL PRINCIPLES | |||||
A | Concept of Remedial or Procedural Law | NOT YET DONE | |||
B | Nature of Remedial Law | NOT YET DONE | |||
C | Substantive law vis-à-vis Remedial Law | NOT YET DONE | |||
D | Procedural laws applicable to actions pending at the time of promulgation | NOT YET DONE | |||
E | Liberal construction of procedural rules | NOT YET DONE | |||
F | Rule-making power of the Supreme Court | NOT YET DONE | |||
G | Nature of Philippine Courts | NOT YET DONE | |||
1 | Classification of Philippine Courts | NOT YET DONE | |||
2 | Principle of Judicial Hierarchy | NOT YET DONE | |||
3 | Transcendental importance | NOT YET DONE | |||
4 | Doctrine of Non-interference or judicial stability | NOT YET DONE | |||
II. JURISDICTION | |||||
A | Over the Parties | NOT YET DONE | |||
1 | Jurisdiction over the Plaintiff | NOT YET DONE | |||
2 | Jurisdiction over the defendant | NOT YET DONE | |||
B | Over the Subject Matter | NOT YET DONE | |||
1 | How jurisdiction is conferred and determined | NOT YET DONE | |||
2 | Objections to jurisdiction over the subject matter | NOT YET DONE | |||
3 | Effect of estoppel on objections to jurisdiction | NOT YET DONE | |||
4 | Error of jurisdiction as distinguished from error of judgment | NOT YET DONE | |||
C | Over the Issues | NOT YET DONE | |||
D | Over the res or property in litigation | NOT YET DONE | |||
E | Classification of Jurisdiction | NOT YET DONE | |||
1 | Original and Appellate | NOT YET DONE | |||
2 | General and Special | NOT YET DONE | |||
3 | Exclusive and concurrent | NOT YET DONE | |||
F | Jurisdiction of Courts | NOT YET DONE | |||
1 | Supreme Court | NOT YET DONE | |||
2 | Court of Appeals | NOT YET DONE | |||
3 | Sandiganbayan | NOT YET DONE | |||
4 | Court of Tax Appeals | NOT YET DONE | |||
5 | Regional Trial Courts | NOT YET DONE | |||
6 | Family Courts | NOT YET DONE | |||
7 | Special Commercial Courts and Cybercrime Courts | NOT YET DONE | |||
8 | Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in cities, and Municipal Circuit Trial Courts (RA 11576) | NOT YET DONE | |||
9 | Inherent powers and means to carry jurisdiction | NOT YET DONE | |||
10 | Doctrine of adherence of jurisdiction | NOT YET DONE | |||
G | Small Claims [A.M No. 08-8-7-SC (Rules on Expedited Procedure)] | NOT YET DONE | |||
H | Rule on Summary Procedure [A.M No. 08-8-7-SC (Rules on Expedited Procedure)] | NOT YET DONE | |||
I | Barangay Conciliation | NOT YET DONE | |||
III. CIVIL PROCEDURE (A.M No. 19-10-20-SC) | |||||
A | Classification of Actions | NOT YET DONE | |||
1 | Orinary civil actions | NOT YET DONE | |||
2 | Special civil actions | NOT YET DONE | |||
3 | Criminal actions | NOT YET DONE | |||
4 | Special proceedings | NOT YET DONE | |||
B | Kinds of Actions | NOT YET DONE | |||
1 | Personal Actions and real actions | NOT YET DONE | |||
2 | Actions in rem, in personam and quasi in rem | NOT YET DONE | |||
C | Payment of Docket Fees | NOT YET DONE | |||
D | Cause of Action (RULE 2) | NOT YET DONE | |||
1 | Elements of cause of action | NOT YET DONE | |||
2 | Failure to state a cause of action | NOT YET DONE | |||
3 | Test of sufficiency of a cause of action | NOT YET DONE | |||
4 | Splitting a single cause of action and its effects | NOT YET DONE | |||
5 | Joinder and misjoinder of causes of action | NOT YET DONE | |||
6 | Totality Rule | NOT YET DONE | |||
E | Parties to Civil Actions (RULE 3) | NOT YET DONE | |||
1 | Real party-in-interest | NOT YET DONE | |||
2 | Locus standi | NOT YET DONE | |||
3 | Indispensable party | NOT YET DONE | |||
4 | Representatives as parties | NOT YET DONE | |||
5 | Necessary party | NOT YET DONE | |||
6 | Indigent party | NOT YET DONE | |||
7 | Alternative defendants | NOT YET DONE | |||
8 | Compulsory and permissive joinder of parties | NOT YET DONE | |||
9 | Misjoinder and non-joinder of parties | NOT YET DONE | |||
10 | Class suit | NOT YET DONE | |||
11 | Suits against entities without juridical personality | NOT YET DONE | |||
12 | Effect of death of party-litigant | NOT YET DONE | |||
13 | Substitution of parties | NOT YET DONE | |||
14 | Transfer of interest | NOT YET DONE | |||
F | VENUE (RULE 4) | NOT YET DONE | |||
1 | Venue vs. jurisdiction | NOT YET DONE | |||
2 | Venue of real actions | NOT YET DONE | |||
3 | Venue of personal actions | NOT YET DONE | |||
4 | Venue of actions against non-residents | NOT YET DONE | |||
5 | When the rules on venue do not apply | NOT YET DONE | |||
G | Pleadings | NOT YET DONE | |||
1 | Kinds of pleadings (RULE 6) | NOT YET DONE | |||
a. Complaint | NOT YET DONE | ||||
b. Answer | NOT YET DONE | ||||
c. Defenses (Negative defenses, Affirmative defenses, negative pregnant) | NOT YET DONE | ||||
d. Counterclaims (Compulsory counterclaim, permissive counterclaims | NOT YET DONE | ||||
effect on the counterclaim when complaint is dismissed, | NOT YET DONE | ||||
effect if compulsory counterclaim is not answered | NOT YET DONE | ||||
e. Cross-claims | NOT YET DONE | ||||
f. Reply | NOT YET DONE | ||||
g. Third (fourth, etc.) party complaints | NOT YET DONE | ||||
2 | Parts and Contents of a Pleading (RULE 7) | NOT YET DONE | |||
3 | Allegations in a Pleading (RULE 8) | NOT YET DONE | |||
a. Manner of making allegations | NOT YET DONE | ||||
b.Ultimate facts including the evidence | NOT YET DONE | ||||
c. Alternative causes of action or defenses | NOT YET DONE | ||||
d. Conditions precedent | NOT YET DONE | ||||
e. Capacity to sue or be sued | NOT YET DONE | ||||
f. Fraud, mistake, malice, intent, knowledge and other condition | NOT YET DONE | ||||
of the mind, judgments, official documents or acts | NOT YET DONE | ||||
g. Pleading a judgment or decision | NOT YET DONE | ||||
h. Pleading an actionable document | NOT YET DONE | ||||
i. Specific denials | NOT YET DONE | ||||
j. Affirmative defenses in relation to Sec. 5(b), Rule 6 and Sec. 12, Rule 8 | NOT YET DONE | ||||
4 | Effect of Failure to Plead and Default (RULE 9) | NOT YET DONE | |||
5 | Amended and Supplemental Pleadings (RULE 10) | NOT YET DONE | |||
a. Amendment as a matter of right | NOT YET DONE | ||||
b. Amendments by leave of court | NOT YET DONE | ||||
c. Formal amendment | NOT YET DONE | ||||
d. Substantive amendment | NOT YET DONE | ||||
e. Effect of amended pleading | NOT YET DONE | ||||
f. No amendments necessary to conform to or authorize presentation of evidence | NOT YET DONE | ||||
g. Supplemental pleadings | NOT YET DONE | ||||
6 | Filing of responsive pleadings (RULE 11) | NOT YET DONE | |||
7 | Bill of particulars (RULE 12) | NOT YET DONE | |||
a. Purpose and when applied for | NOT YET DONE | ||||
b. Actions of the court | NOT YET DONE | ||||
c. Compliance with the order and effect of non-compliance | NOT YET DONE | ||||
8 | Filing and service of pleadings (RULE 13) | NOT YET DONE | |||
a. Periods of filing pleadings | NOT YET DONE | ||||
b. Manner of filing | NOT YET DONE | ||||
c. Papers required to be filed | NOT YET DONE | ||||
d. Modes of service of pleadings | NOT YET DONE | ||||
e. A.M. No. 10-3-7-SC (The Revised Guidelines on submission of Electronic Copies of SC-Bound Papers pursuant to the Efficient Use of Paper Rule) | NOT YET DONE | ||||
H | Summons (RULE 14) | NOT YET DONE | |||
1 | Issuance of summons and its contents | NOT YET DONE | |||
2 | By whom served | NOT YET DONE | |||
3 | Validity of summons and issuance of alias summons | NOT YET DONE | |||
4 | Nature and purpose of summons in relation to actions in personam, in rem, and quasi-in rem | NOT YET DONE | |||
5 | Voluntary appearance | NOT YET DONE | |||
6 | Service in person of defendant | NOT YET DONE | |||
7 | Substituted service | NOT YET DONE | |||
8 | Service upon | NOT YET DONE | |||
a. Entity without juridical personality | NOT YET DONE | ||||
b. Prisoners | NOT YET DONE | ||||
c. Consistent with international conventions [The Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters] | NOT YET DONE | ||||
d. Minors and Incompetents | NOT YET DONE | ||||
e. Spouses (relate to Sec. 4, Rule 3) | NOT YET DONE | ||||
f. Domestic Private Juridical Entity | NOT YET DONE | ||||
g. Foreign Private Juridical Entity | NOT YET DONE | ||||
h. Public corporations | NOT YET DONE | ||||
i. Defendant whose identity or whereabouts unknown | NOT YET DONE | ||||
j. Residents temporarily out of the Philippines | NOT YET DONE | ||||
9 | Duty of counsel of record | NOT YET DONE | |||
10 | Extraterritorial service, when allowed | NOT YET DONE | |||
11 | Service by publication | NOT YET DONE | |||
12 | Return | NOT YET DONE | |||
I | Motion (Rule 15) | NOT YET DONE | |||
1 | Motions vs. pleadings | NOT YET DONE | |||
2 | Non-litigious motions | NOT YET DONE | |||
3 | Litigious motions | NOT YET DONE | |||
4 | Prohibited motions | NOT YET DONE | |||
5 | Omnibus motion | NOT YET DONE | |||
6 | Dismissal with prejudice | NOT YET DONE | |||
J | Dismissal of Actions (RULE 17) | NOT YET DONE | |||
1 | Dismissal upon notice by plaintiff; two-dismissal rule | NOT YET DONE | |||
2 | Dismissal upon motion by plaintiff; effect on existing counterclaim | NOT YET DONE | |||
3 | Dismissal due to fault of plaintiff | NOT YET DONE | |||
K | Pre-trial (RULE 18) | NOT YET DONE | |||
1. When conducted | NOT YET DONE | ||||
2. Nature and purpose | NOT YET DONE | ||||
3. Notice of pre-trial | NOT YET DONE | ||||
4. Appearance of parties; effect of failure to appear | NOT YET DONE | ||||
5. Pre-trial brief; effects of failure to file | NOT YET DONE | ||||
6. Pre-trial Order | NOT YET DONE | ||||
7. Distinction between pre-trial in civil cases and in criminal cases | NOT YET DONE | ||||
8. Court Annexed Mediation (CAM) | NOT YET DONE | ||||
9. Judicial Dispute Resolution (JDR) | NOT YET DONE | ||||
10. Judgment after pre-trial | NOT YET DONE | ||||
L | Intervention (Rule 19) | NOT YET DONE | |||
M | Calendar of Cases (RULE 20) | NOT YET DONE | |||
N | Subpoena (Rule 21) | NOT YET DONE | |||
O | Modes of Discovery | NOT YET DONE | |||
1. Depositions pending action (RULE 23) | NOT YET DONE | ||||
2. Depositions before action or pending appeal (RULE 24) | NOT YET DONE | ||||
3. Interrogatories to parties (RULE 25) | NOT YET DONE | ||||
4. Admission by adverse party (RULE 26) | NOT YET DONE | ||||
5. Production or inspection of documents or things (RULE 27) | NOT YET DONE | ||||
6. Physical and mental examination of persons (RULE 28) | NOT YET DONE | ||||
7. Consequences of refusal to comply with modes of discovery (RULE 29) | NOT YET DONE | ||||
P | Trial (RULE 30) | NOT YET DONE | |||
1. Continuous trial | NOT YET DONE | ||||
2. Adjournments and postponements | NOT YET DONE | ||||
3. Order of trial | NOT YET DONE | ||||
4. Oral offer of exhibits | NOT YET DONE | ||||
Q | Consolidation or Severance of Trial (RULE 31) | NOT YET DONE | |||
R | Demurrer to Evidence (RULE 33) | NOT YET DONE | |||
1. Effect of denial or grant of demurrer | NOT YET DONE | ||||
2. Denial of demurrer not subject to appeal or petition for certiorari | NOT YET DONE | ||||
3. Effect of reversal of demurrer on appeal; Waiver of right to present evidence | NOT YET DONE | ||||
4. Demurrer to evidence in civil cases versus demurrer to evidence in criminal cases | NOT YET DONE | ||||
S | Judgment on the Pleadings (RULE 34) | NOT YET DONE | |||
T | Summary Judgments (RULE 35) | NOT YET DONE | |||
U | Post-judgment Remedies | NOT YET DONE | |||
1. Motion for new trial (RULE 37) | NOT YET DONE | ||||
2. Motion for reconsideration (RULE 37) | NOT YET DONE | ||||
a. Remedy when motion for new trial or reconsideration is denied | NOT YET DONE | ||||
b. Fresh period rule | NOT YET DONE | ||||
3. Appeal | NOT YET DONE | ||||
a. Judgment and Final Orders appealable | NOT YET DONE | ||||
b. Matters not appealable | NOT YET DONE | ||||
c. Modes of appeal | NOT YET DONE | ||||
d. Period to appeal | NOT YET DONE | ||||
e. Perfection of appeal | NOT YET DONE | ||||
f. Issues to be raised | NOT YET DONE | ||||
g. Appeal from judgments or final orders of the Municipal Trial | NOT YET DONE | ||||
Courts to the Regional Trial Court (RULE 40) | NOT YET DONE | ||||
h. Appeal from judgments or final orders of the Regional Trial | NOT YET DONE | ||||
Courts (RULE 41) | NOT YET DONE | ||||
i. Petition for Review from the Regional Trial Courts to the Court of Appeals (RULE 42) | NOT YET DONE | ||||
j. Review of final judgments or final orders of quasi-judicial bodies (RULE 43) | NOT YET DONE | ||||
k. Appeal by certiorari to the Supreme Court (RULE 45) | NOT YET DONE | ||||
l. Review of Judgments or Final Orders of the Commission on Audit and Commission on Elections (Rule 64) | NOT YET DONE | ||||
4. Petition for Relief from Judgment (Rule 38) | NOT YET DONE | ||||
5. Annulent of Judgment (Rule 47) | NOT YET DONE | ||||
6. Collateral Attack of Judgments | NOT YET DONE | ||||
V | Execution, Satisfaction, and Effect of Judgments (RULE 39) | NOT YET DONE | |||
1. Difference between finality of judgment for purposes of appeal; for purposes of execution | NOT YET DONE | ||||
2. When execution shall issue | NOT YET DONE | ||||
3. How a judgment is executed | NOT YET DONE | ||||
a. By motion or independent action | NOT YET DONE | ||||
b. Execution of judgments for money | NOT YET DONE | ||||
c. Execution of judgments for specific acts | NOT YET DONE | ||||
d. Execution of special judgments | NOT YET DONE | ||||
e. Requisites before demolition order is issued | NOT YET DONE | ||||
f. Effect of levy on third persons | NOT YET DONE | ||||
4. Properties exempt from execution | NOT YET DONE | ||||
5. Proceedings where property is claimed by third persons | NOT YET DONE | ||||
6. Effect of judgment or final orders | NOT YET DONE | ||||
7. Aspects of res judicata | NOT YET DONE | ||||
a. Bar by prior judgment | NOT YET DONE | ||||
b. Conclusiveness of judgment | NOT YET DONE | ||||
8. Enforcement and effect of foreign judgments or final orders | NOT YET DONE | ||||
IV. PROVISIONAL REMEDIES | |||||
A | Nature and Purpose | NOT YET DONE | |||
B | Preliminary Attachment (RULE 57) | NOT YET DONE | |||
1. Grounds for issuance | NOT YET DONE | ||||
2. Grounds for dissolution | NOT YET DONE | ||||
3. Posting of a counterbond | NOT YET DONE | ||||
4. Requisites; issuance and contents of order of attachment; affidavit and bond | NOT YET DONE | ||||
C | Preliminary Injunction (RULE 58) | NOT YET DONE | |||
1. Definitions and differences: preliminary injunction, temporary restraining order, and status quo ante order | NOT YET DONE | ||||
2. Requisites of preliminary injunction, temporary restraining order | NOT YET DONE | ||||
3. Kinds of Injunction | NOT YET DONE | ||||
4. Grounds for issuance of preliminary injunction | NOT YET DONE | ||||
D | Replevin (RULE 59) | NOT YET DONE | |||
E | Support Pendente Lite (RULE 61) | NOT YET DONE | |||
V. SPECIAL CIVIL ACTIONS | |||||
A | Ordinary Civil Actions and Special Civil Actions | NOT YET DONE | |||
B | Interpleader (RULE 62) | NOT YET DONE | |||
C | Declaratory Reliefs and Similar Remedies (Rule 63) | NOT YET DONE | |||
D | Certiorari, Prohibition, Mandamus (RULE 65) | NOT YET DONE | |||
1. Requisites, when and where to file | NOT YET DONE | ||||
2. Effects of filing of an unmeritorious petition | NOT YET DONE | ||||
E | Quo Warranto (RULE 66) | NOT YET DONE | |||
F | Expropriation (RULE 67) | NOT YET DONE | |||
1. Stages of Expropriation | NOT YET DONE | ||||
2. When plaintiff can immediately enter into possession of the real property in relation to R.A. No. 10752 (The Right of Way Act) | NOT YET DONE | ||||
3. Ascertainment of just compensation | NOT YET DONE | ||||
CRIMINAL PROCEDURE | |||||
A | General Matters | NOT YET DONE | |||
1. Criminal Jurisdiction | DONE | ||||
2. Jurisdiction over subject matter and jurisdiction over person of accused | NOT YET DONE | ||||
3. When Injunction May Be Issued to restrain criminal prosecution | NOT YET DONE | ||||
B | Prosecution of Offenses (Rule 110) | NOT YET DONE | |||
1. Criminal actions, how instituted | DONE | ||||
2. Effect of the institution of the criminal action on the prescriptive period | NOT YET DONE | ||||
3. Who may prosecute; crimes that cannot be prosecuted de officio | NOT YET DONE | ||||
4. Intervention of private offended party | DONE | ||||
5. Control of prosecution | DONE | ||||
6. Complaint and Information; sufficiency | DONE | ||||
7. Date of commission of the offense | NOT YET DONE | ||||
8. Designation of offense; qualifying and aggravating circumstances | DONE | ||||
9. Name of the accused; name of the offended party | NOT YET DONE | ||||
10. Amendment and Substitution of complaint or information | DONE | ||||
11. Duplicity of the offense | DONE | ||||
C | Prosecution of Civil Action (Rule 111) | NOT YET DONE | |||
1. Implied institution of civil action with criminal action | DONE | ||||
2. Independent civil actions | DONE | ||||
3. No reservation of civil action in B.P. Blg. 22 | NOT YET DONE | ||||
4. Effect of death of the accused on civil action | NOT YET DONE | ||||
5. Prejudicial Question | DONE | ||||
6. Effect of acquittal or extinguishment of criminal action on the civil liability | NOT YET DONE | ||||
D | Preliminary Investigation (Rule 112) | NOT YET DONE | |||
1. Nature and purpose | NOT YET DONE | ||||
2. Determination of existence of probable cause | NOT YET DONE | ||||
3. Resolution of investigating prosecutor | NOT YET DONE | ||||
4. Non-interference of the court in finding probable cause by prosecutor; exceptions | NOT YET DONE | ||||
5. Right to bail pending preliminary investigation | NOT YET DONE | ||||
6. Inquest proceedings | NOT YET DONE | ||||
7. Effect of absence of preliminary investigation | NOT YET DONE | ||||
8. Withdrawal of Information | NOT YET DONE | ||||
E | Arrest (Rule 113) | NOT YET DONE | |||
1. Arrest, how made | NOT YET DONE | ||||
2. Requisites for the issuance of a warrant of arrest | NOT YET DONE | ||||
3. Arrest without warrant, when lawful | NOT YET DONE | ||||
4. Method of arrest | NOT YET DONE | ||||
5. Rules on the Use of Body-Worn Cameras in the Execution of Warrants [A.M. No. 21-06-08] | NOT YET DONE | ||||
6. Waiver of objection on the irregularity of arrest | NOT YET DONE | ||||
F | Bail (Rule 114) | NOT YET DONE | |||
1. When a matter of right; exceptions | DONE | ||||
2. When a matter of discretion | DONE | ||||
3. Where filed | DONE | ||||
4. Application for bail in capital offenses | DONE | ||||
5. Guidelines in fixing amount of bail | DONE | ||||
6. Bail-negating circumstances | DONE | ||||
7. Remedy when bail denied | DONE | ||||
8. Forfeiture of bail | DONE | ||||
G | Rights of the Accused (RULE 115) | NOT YET DONE | |||
1. Rights of accused at the trial | NOT YET DONE | ||||
2. Rights of the persons under custodial investigation | NOT YET DONE | ||||
H | Arraignment and Plea (Rule 116) | NOT YET DONE | |||
1. Purpose | NOT YET DONE | ||||
2. Plea of guilty to a lesser offense | NOT YET DONE | ||||
3. Plea of guilty to capital offense | NOT YET DONE | ||||
4. Plea of guilty to a non-capital offense | NOT YET DONE | ||||
5. Bill of particulars | NOT YET DONE | ||||
6. Suspension of arraignment | NOT YET DONE | ||||
I | Motion To Quash (Rule 117) | NOT YET DONE | |||
1. Grounds | NOT YET DONE | ||||
2. Double jeopardy | NOT YET DONE | ||||
3. Provisional dismissal | NOT YET DONE | ||||
J | Pre-trial (RULE 118) | NOT YET DONE | |||
1. Pre-trial agreement | NOT YET DONE | ||||
2. Non-appearance at pre-trial conference | NOT YET DONE | ||||
3. Pre-trial order | NOT YET DONE | ||||
4. Cases for mediation on the civil liability | NOT YET DONE | ||||
K | Trial (Rule 119) | NOT YET DONE | |||
1. Trial in Absentia | NOT YET DONE | ||||
2. Remedy when accused is not brought to trial within the prescribed period | NOT YET DONE | ||||
3. Conditional examination of witness for the prosecution/defense | NOT YET DONE | ||||
4. Requisites for discharge of accused as state witness | NOT YET DONE | ||||
5. Demurrer to evidence | NOT YET DONE | ||||
6. Reopening of the procedure | NOT YET DONE | ||||
L | Judgment (Rule 120) | NOT YET DONE | |||
1. Requisites of a valid judgment | NOT YET DONE | ||||
2. Rule if accused fails to appear at the promulgation of judgment | NOT YET DONE | ||||
3. Promulgation of judgment; instances of promulgation of judgment in absentia | NOT YET DONE | ||||
M | New Trial or Reconsideration (Rule 121) | NOT YET DONE | |||
N | Appeal (Rule 122) | NOT YET DONE | |||
O | Search and Seizure (Rule 126) | NOT YET DONE | |||
1. Nature of search warrant | NOT YET DONE | ||||
2. Requisites for the issuance of search warrant | NOT YET DONE | ||||
3. Probable cause in search warrant | NOT YET DONE | ||||
4. Extent of the search | NOT YET DONE | ||||
5. Exceptions to search warrant requirement | NOT YET DONE | ||||
a. Search incidental to lawful arrest | NOT YET DONE | ||||
b. Search of moving vehicles | NOT YET DONE | ||||
c. Search of a passenger bus | NOT YET DONE | ||||
d. Check points | NOT YET DONE | ||||
e. Airport frisking | NOT YET DONE | ||||
f. Buy bust operations | NOT YET DONE | ||||
g. Plain view | NOT YET DONE | ||||
h. Stop and frisk (Terry searches) | NOT YET DONE | ||||
i. Consented searches | NOT YET DONE | ||||
6. Search of a Government-Controlled Detention Facility | NOT YET DONE | ||||
7. Effect of an Illegal Search and Seizure | NOT YET DONE | ||||
8. Quashing a Search Warrant | NOT YET DONE | ||||
9. Rule on Cybercrime Warrants (Section 2 of AM 17-11-03-SC) | NOT YET DONE | ||||
10. Rules on the Use of Body-Worn Cameras in the Execution of Warrants [A.M. No. 21-06-08-SC] | NOT YET DONE | ||||
Provisional Remedies in Criminal Cases (Rule 127) | DONE | ||||
SPECIAL PROCEEDINGS | |||||
A | Settlement of Estate of Deceased Persons | NOT YET DONE | |||
1. Venue and Jurisdiction (Rule 73) | NOT YET DONE | ||||
2. Extrajudicial (Rule 74) | NOT YET DONE | ||||
3. Judicial | NOT YET DONE | ||||
a. Summary settlement of estate of small value (Rule 74) | NOT YET DONE | ||||
b. Intestate – Petition for letters of Administration (Rule 78) | NOT YET DONE | ||||
c. Testate | NOT YET DONE | ||||
i. Petition for Allowance of Will and Letters Testamentary (Rules 75-79) | NOT YET DONE | ||||
ii. Petition for Allowance of Will and for Letters of Administration with Will Annexed (Rules 75-79) | NOT YET DONE | ||||
iii. Production and Probate of Will (Rule 75) | NOT YET DONE | ||||
iv. Allowance or disallowance of will (Rule 76) | NOT YET DONE | ||||
v. Letters of Testamentary and of Administration (Rule 78) | NOT YET DONE | ||||
d. Claims against the Estate (Rule 86) | NOT YET DONE | ||||
e. Payment of Debts of the Estate (Rule 88) | NOT YET DONE | ||||
f. Distribution and Partition (Rule 90) | NOT YET DONE | ||||
B | Guardianship (Rules 92-97) | NOT YET DONE | |||
C | Writ of Habeas Corpus (Rule 102) | NOT YET DONE | |||
D | Writ of Habeas Corpus in Relation to Custody of Minors [A.M. No. 03-04-04-SC] | NOT YET DONE | |||
E | Writ of Amparo [AM No. 07-9-12-SC] | NOT YET DONE | |||
F | Writ of Habeas Data [A.M. No. 08-1-16-SC] | NOT YET DONE | |||
G | Change of Name (Rule 103) | NOT YET DONE | |||
H | Cancellation or Correction of Entries (Rule 108) | NOT YET DONE | |||
I | Clerical Error Act and its Implementing Rules [R.A. No. 9048, as amended by R.A. No. 10172] | NOT YET DONE | |||
J | Rules of Procedure for Environmental Cases [A.M. No. 09-6-8-SC] | NOT YET DONE | |||
1. Temporary Environmental Protection Order (TEPO) | NOT YET DONE | ||||
2. Writ of Continuing Mandamus | NOT YET DONE | ||||
3. Writ of Kalikasan | NOT YET DONE | ||||
EVIDENCE | |||||
A | General Concepts | NOT YET DONE | |||
1. Definition of evidence | DONE | ||||
2. Scope of the Rules on Evidence | DONE | ||||
3. Proof vs. evidence | DONE | ||||
4. Factum probans vs. factum probandum | DONE | ||||
B | Liberal construction of the Rules on Evidence | DONE | |||
C | Judicial Notice and Judicial Admissions (RULE 129) | DONE | |||
1. What need not be proved; matters of judicial notice | DONE | ||||
2. Judicial admissions | DONE | ||||
D | Admissibility of Evidence (RULE 130) | DONE | |||
1. Requisites for admissibility of evidence | DONE | ||||
2. Relevance of Evidence and Collateral Matters | DONE | ||||
3. Multiple Admissibility | NOT YET DONE | ||||
4. Conditional Admissibility | NOT YET DONE | ||||
5. Curative Admissibility | NOT YET DONE | ||||
6. Direct and Circumstancial Evidence | NOT YET DONE | ||||
7. Positive and Negative Evidence | NOT YET DONE | ||||
8. Competent and Credible Evidence | NOT YET DONE | ||||
E | Weight and Sufficiency of Evidence (RULE 133) | NOT YET DONE | |||
1. Proof beyond reasonable doubt | NOT YET DONE | ||||
2. Preponderance of evidence | NOT YET DONE | ||||
3. Substantial evidence | NOT YET DONE | ||||
4. Clear and convincing evidence | NOT YET DONE | ||||
F | Object (Real) Evidence (Rule 130, A) | NOT YET DONE | |||
1. Requisites for admissibility | NOT YET DONE | ||||
2. Categories of object evidence | NOT YET DONE | ||||
3. Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002, as amended | NOT YET DONE | ||||
4. Rule on DNA Evidence (A.M. No. 06-11-5-SC) | NOT YET DONE | ||||
G | Documentary Evidence (Rule 130, B) | DONE | |||
H | Testimonial Evidence (rule 130, C) | NOT YET DONE | |||
1. Qualifications of a witness | NOT YET DONE | ||||
2. Competency and credibility of a witness | NOT YET DONE | ||||
3. Disqualifications of witnesses | NOT YET DONE | ||||
a. By reason of marriage | NOT YET DONE | ||||
b. By reason of privileged communications | NOT YET DONE | ||||
4. Testimonial privilege | NOT YET DONE | ||||
a. Parental and filial privilege | NOT YET DONE | ||||
b. Privilege relating to trade secrets | NOT YET DONE | ||||
5. Examination of a witness | DONE | ||||
a. Rights and obligations of a witness | DONE | ||||
b. Judicial Affidavit Rule [A.M. No. 12-8-8-SC] | DONE | ||||
6. Admissions and Confessions | DONE | ||||
a. Res inter alios acta rule | DONE | ||||
b. Admission by a party | NOT YET DONE | ||||
c. Offer of Compromise | NOT YET DONE | ||||
d. Admission by a third party | NOT YET DONE | ||||
e. Admission by a co-partner or agent | NOT YET DONE | ||||
f. Admission by a conspirator | NOT YET DONE | ||||
g. Admission by privies | NOT YET DONE | ||||
h. Admission by silence | NOT YET DONE | ||||
i. Confession | NOT YET DONE | ||||
j. Similar acts as evidence | NOT YET DONE | ||||
4. Hearsay Rule | DONE | ||||
a. Hearsay distinguished from lack of firsthand knowledge | NOT YET DONE | ||||
b. Reason for exclusion of hearsay evidence | NOT YET DONE | ||||
c. Exceptions to the hearsay rule | NOT YET DONE | ||||
i. Dying declaration | NOT YET DONE | ||||
ii. Statement of decedent or person of unsound mind | NOT YET DONE | ||||
iii. Declaration against interest | NOT YET DONE | ||||
iv. Act or declaration about pedigree | NOT YET DONE | ||||
v. Family reputation or tradition regarding pedigree | NOT YET DONE | ||||
vi. Common reputation | NOT YET DONE | ||||
vii. Part of the res gestae | NOT YET DONE | ||||
viii. Records of regularly conducted business activity | NOT YET DONE | ||||
ix. Entries in official records | NOT YET DONE | ||||
x. Commercial list and the like | NOT YET DONE | ||||
xi. Learned treaties | NOT YET DONE | ||||
xii. Testimony or deposition at a former proceeding | NOT YET DONE | ||||
xiii. Residual exception | NOT YET DONE | ||||
8. Opinion rule | NOT YET DONE | ||||
a. Opinion of expert witness | NOT YET DONE | ||||
b. Opinion of ordinary witness | NOT YET DONE | ||||
9. Character evidence | NOT YET DONE | ||||
a. Criminal cases | NOT YET DONE | ||||
b. Civil cases | NOT YET DONE | ||||
c. In criminal and civil cases | NOT YET DONE | ||||
10. Rule on Examination of a Child Witness [A.M. No. 004-07-SC] | NOT YET DONE | ||||
I | Burden of Proof and Burden of Evidence (RULE 131) | NOT YET DONE | |||
J | Presumptions (RULE 131) | NOT YET DONE | |||
1. Conclusive presumptions | NOT YET DONE | ||||
2. Disputable presumptions | NOT YET DONE | ||||
K | Offer and Objection (RULE 132) | NOT YET DONE | |||
1. Offer of evidence | NOT YET DONE | ||||
2. When to make an offer | NOT YET DONE | ||||
3. Objection | NOT YET DONE | ||||
4. Tender of excluded evidence | NOT YET DONE |
CRIMINAL LAW 10%
CRIMINAL LAW 10% | ||
I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW | ||
A | Theories in Criminal Law | |
1. Classical Theory | ||
2. Positivist Theory | ||
3. Eclectic or Mixed Theory | ||
4. Utilitarian Theory | ||
B | Construction or Interpretation of Penal Laws | |
1. Effects of Repeal/Amendments of Penal Laws | ||
2. Retroactive Effect of Penal Laws | ||
3. Pro Reo Principle/Rule of Lenity | ||
C | Nullum Crimen, Nulla Poena Sine Lege | |
D | Mala in Se and Mala Prohibita | |
E | Actus Reus and Mens Rea | |
F | Cardinal Principles of Criminal Law | |
1. Generality | ||
2. Territoriality | ||
3. Prospectivity | ||
G | Constitutional Limitations on the Power of Congress to Enact Penal Laws | |
1. Equal Protection | ||
2. Due Process | ||
3. Bill of Attainder | ||
4. Ex Post Facto Law | ||
5. Excessive Fines, Cruel, Degrading or Inhuman Punishment | ||
II. REVISED PENAL CODE – BOOK ONE | ||
A | Felonies | |
1. Criminal Liability | ||
2. Causes Affecting Criminal Liability | ||
a. Proximate Cause | ||
b. Efficient Intervening Cause | ||
3. Aberratio Ictus, Error in Personae, and Praeter Intentionem | ||
4. Impossible Crime | ||
5. Duty of the Courts in Case of Non-Punishable Act and Excessive | ||
Penalty | ||
6. Stages of Execution | ||
a. Subjective Phase and Objective Phase | ||
b. Spontaneous Desistance | ||
c. Attempted, Frustrated, and Consummated Stages | ||
d. Overt Acts | ||
7. Conspiracy and Proposal | ||
8. Classification of Felonies According to Gravity: Grave, Less Grave, and Light | ||
9. Suppletory Application of the Revised Penal Code | ||
B | Circumstances Affecting Criminal Liability | |
1. Justifying Circumstances | ||
2. Exempting Circumstances; Republic Act (R.A.) No. 9262 (AntiViolence Against Women and Children Act, Re: Battered Woman Syndrome), R.A. No. 9344, (Juvenile Justice and Welfare Act), as amended by R.A. No. 10630, (An Act Strengthening the Juvenile Justice System in the Philippines) | ||
3. Mitigating Circumstances | ||
4. Aggravating Circumstances; R.A. No. 9344, as amended by R.A. No. 10630; R.A. No. 10591 (Comprehensive Firearms and Ammunition Regulation Act); R.A. No. 9165 (Comprehensive Drugs Act of 2002) as amended by R.A. No. 10640 (An Act to Further Strengthen the Anti-Drug Campaign of the Government); R.A. No. 10175 (Cybercrime Prevention Act of 2012) | ||
5. Alternative Circumstances | ||
6. Absolutory Causes/Instigation/Entrapment | ||
C | Persons Criminally Liable and Degree of Participation | |
1. Principals, Accomplices, and Accessories | ||
2. Presidential Decree (P.D.) No. 1612 (Anti-Fencing Law) | ||
3. P.D. No. 1829 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders) | ||
D | Plurality of Crimes (Real and Ideal) | |
1. Absorption System | ||
2. Single Impulse Rule | ||
3. Compound Complex Crime | ||
4. Complex Crime Proper | ||
5. Special Complex Crime/Composite Crimes | ||
6. Continuous/Continued Crime | ||
7. Continuing Crime | ||
E | Penalties | |
1. Classification of Penalties | ||
2. Principal and Accessory Penalties | ||
3. Duration and Effects of Penalties | ||
4. Application and Graduation of Penalties | ||
5. Preventive Imprisonment | ||
6. Subsidiary Penalty | ||
F | Execution and Service of Penalties | |
1. Community Service [R.A. No. 11362 (An Act Authorizing the Court to Require Community Service in Lieu of Imprisonment for the Penalties of Arresto Menor and Arresto Mayor); A.M. No. 2006-14-SC] | ||
2. Release on Recognizance [R.A. No. 10389 (The Recognizance Act of 2012)] | ||
3. Successive Service of Sentence | ||
4. Three-Fold Rule | ||
5. Indeterminate Sentence Law [Act No. 4103, as amended by R.A. No. 4203] | ||
6. Probation [P.D. No. 968, as amended by R.A. No. 10707 (An Act Amending P.D. No. 968)] | ||
G | Extinction of Criminal Liability | |
1. Total Extinction | ||
a. Death of Convict | ||
b. Service of Sentence | ||
c. Amnesty | ||
d. Absolute Pardon | ||
e. Prescription of Crimes [See Periods of Prescription for Violations Penalized by Special Acts, R.A. No. 3326] | ||
f. Prescription of Penalties | ||
g. Marriage between the Offender and the Offended Party | ||
2. Partial Extinction | ||
a. Conditional Pardon [Act No. 1524] | ||
b. Commutation of Sentence | ||
c. Good Conduct Allowances | ||
d. Parole | ||
H | Civil Liability Ex-Delicto | |
1. Primary and Subsidiary | ||
2. Restitution, Reparation, and Indemnification | ||
3. Civil Liability of an Offender Exempted from Criminal Liability | ||
4. Share of Each Person Civilly Liable for a Felony | ||
5. Preference in Payment | ||
6. Extinction and Survival of Civil Liability Ex-Delicto | ||
III. REVISED PENAL CODE – BOOK TWO | ||
A | Title One – Crimes Against National Security and the Laws of Nations | |
B | Title Two – Crimes Against the Fundamental Laws of the State | |
C | Title Three – Crimes Against Public Order | |
D | Title Four – Crimes Against Public Interest | |
E | Title Six – Crimes Against Public Morals | |
F | Title Seven – Crimes Committed by Public Officers | |
G | Title Eight – Crimes Against Persons | |
H | Title Nine – Crimes Against Personal Liberty and Security | |
I | Title Ten – Crimes Against Property | |
J | Title Eleven – Crimes Against Chastity | |
K | Title Twelve – Crimes Against the Civil Status of Persons | |
L | Title Thirteen – Crimes Against Honor | |
M | Title Fourteen – Quasi-Offenses | |
IV. SPECIAL PENAL LAWS | ||
A | Comprehensive Firearms and Ammunition Regulation Act [R.A. No. 10591, Secs. 3 and 28-41] | |
B | The Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act [R.A. No. 11930, July 30, 2022] | |
C | Anti-Fencing Law of 1979 [P.D. No. 1612] | |
D | Anti-Cattle Rustling Law [P.D. No. 533] | |
E | Anti-Graft and Corrupt Practices Act [R.A. No. 3019, as amended by R.A. No. 3047; P.D. No. 677; P.D. No. 1288; Batas Pambansa Bilang (B.P. Blg.) 195; R.A. No. 10910] | |
F | Code of Conduct and Ethical Standards for Public Officials and Employees [R.A. No. 6713] | |
G | Anti-Hazing Act of 2018 [R.A. No. 8049, as amended by R.A. No. 11053] | |
H | Anti-Photo and Video Voyeurism Act of 2009 [R.A. No. 9995] | |
I | Anti-Plunder Act [R.A. No. 7080, as amended by R.A. No. 7659] | |
1. Definition of Terms | ||
2. Definition of the Crime of Plunder, Series, and Combination | ||
3. Pattern | ||
4. Wheel and Chain Conspiracy | ||
J | Anti-Torture Act of 2009 [R.A. No. 9745] | |
K | Anti-Trafficking in Persons Act of 2003 [R.A. No. 9208, as amended by R.A. No. 10364; R.A. No. 11862] | |
L | L. Anti-Violence Against Women and their Children Act of 2004 [R.A. No. 9262] | |
M | Bouncing Checks Law [B.P. Blg. 22; A.C. No. 12-2000; A.C. No. 132001] | |
N | Comprehensive Dangerous Drugs Act of 2002 [R.A. No. 9165, as amended by R.A. No. 10640; A.M. 18-03-16-SC; IRR of R.A. No. 9165] | |
O | Cybercrime Prevention Act of 2012 [R.A. No. 10175] | |
P | Anti-Violence Against Women and their Children Act of 2004 [R.A. No. 9262] | |
Q | Special Protection of Children Against Abuse, Exploitation, and Discrimination Act [R.A. No. 7610, as amended by R.A. No. 9231; R.A. No. 11648] | |
R | Swindling by Syndicate [P.D. No. 1689] | |
S | Law on Arson [P.D. No. 1613] | |
T | Anti-Terrorism Act [R.A. No. 11479] | |
U | Terrorism Financing Prevention and Suppression Act [R.A. No. 10168] | |
V | Anti-Piracy and Anti-Highway Robbery Law [P.D. No. 532] | |
W | An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape [R.A. No. 11648] | |
X | Juvenile Justice and Welfare Act [R.A. No. 9344, as amended by R.A. No. 10630] | |
Y | Obstruction of Justice [P.D. No. 1829] | |
Z | Penalizing the Refusal of Hospitals and Clinics to Administer Initial Treatment in Emergency Cases [B.P. Blg. 702, as amended by R.A. No. 8344] | |
AA | Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity [R.A. No. 9851] | |
V. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A | Challenges | |
B | Four Guiding Principles | |
C | Three Outcomes and Activities |
LEGAL AND JUDICIAL ETHICS
LEGAL ETHICS | ||
A | Practice of Law | |
1 | Basic Concepts | |
a. Definition | ||
b. A mere privilege and not a right | ||
c. Law as a profession not a business or trade | ||
2 | Supervision and Control of the Legal Profession | |
a. Requirements for Admission to Legal Practice | ||
Legal Education | ||
i. Pre-Law | ||
ii. Law Proper | ||
iii. R.A No. 7662 (Legal Education Reform Act) | ||
b. Citizenship | ||
i. 1987 Constitution | ||
ii. R.A No. 9225 (Dual Citizenship Act) | ||
c. Good Moral Character as a Prerequisite to Bar Admission | ||
d. Bar Examinations | ||
e. The Revised Lawyer’s Oath, as promulgated by the Supreme Court last 11 April 2023 repealing the oath found in Rule 138 of the Rules of Court, as amended. | ||
f. Signing of the Roll | ||
3 | Continuing Requirements for Membership in the Bar | |
4 | Authorized representation by non-Lawyers | |
a. Law Student Practice Rule [as amended by A.M. 19-03-24-SC] | ||
b. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies or Arbitration Tribunals | ||
i. Act No. 2259 (Cadastral Act) | ||
ii. Labor Code | ||
iii. Department of Agrarian Reform Adjudication Board (DARAB) [R.A. No. 6657 as amended by R.A. No. 9700] | ||
iv. Local Government Code [R.A. No. 7160 (Local Government Code)] | ||
v. Rules of Procedure for Small Claims Cases [A.M. 08-8-7SC (Rules on Expedited Procedures in The First Level Courts)] | ||
vi. R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004) | ||
c. Proceedings where Lawyers are Prohibited to Appear as Counsels | ||
i. R.A. No. 7160 (Local Government Code) | ||
ii. Rules of Procedure for Small Claims [A.M. 08-8-7-SC (Rules on Expedited Procedures in The First Level Courts)] | ||
5 | Public Officials Prohibited to Engage in the Private Practice of Law | |
a. President, Vice-President, Members of the Cabinet, their deputies and assistants [1987 Constitution] | ||
b. Senators and Members of the House of Representatives [1987 Constitution) | ||
c. Members of the Constitutional Commission (1987 Constitution) | ||
d. Ombudsman and their deputies [1987 Constitution] | ||
e. Judges and court employees of superior courts | ||
f. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90[a]) | ||
g. All other government officials and employees (Section 7(b)(2), R.A. No. 6713, in relation to Memorandum Circular 17, series of 1986 of the Office of the President and Sec.12, Rule XVIII of the Revised Civil Service Rules | ||
6 | Lawyers with Limitations to their Legal Practice | |
a. Members of Congress who are lawyers | ||
b. Vice Governor, Vice-Mayor, members of the local sanggunian [R.A. No. 7160 (Local Government Code)] | ||
c. Government lawyers authorized to engage in limited law practice | ||
d. Retired Judges and Justices [R.A. No. 910, as amended] | ||
e. The rules on Small Claims and Katarungang Pambarangay | ||
f. Former government lawyers cannot engage in the private practice of law within one year from resignation, retirement, or separation from public office in connection with any matter before the office he used to be with [R.A No. 6713] | ||
7 | Privileges of a lawyer | |
8 | Unauthorized Practice of Law | |
a. Penalties for such unauthorized practice | ||
CANON I. INDEPENDENCE | ||
A | Concept of Lawyer’s Independence | |
B | Duty to Make Independent, Accessible, Efficient and Effective Legal Service | |
C | Duty to Lead a Merit-based Legal Practice | |
D | Duty to be Freedom from Improper Considerations and External Influences | |
E | Duty not to Allow Interference in any Matter Before a Court or Tribunal | |
F | Lawyer’s Duty and Discretion in Procedure and Strategy | |
CANON II. PROPRIETY | ||
A | Concept of Lawyer’s Propriety | |
B | Duty to Act with Propriety in Personal and Professional Dealings | |
C | Prohibition Against False Representations or Statements; Duty to Correct and Report | |
D | Prohibition against Claim of Influence or Familiarity, Solicitation, Self-Promotion or Self-Aggrandizement | |
E | Duty to Disclose Relationship or Connection | |
F | Duty to Respect Another Lawyer’s Engagement | |
G | Concept of a Law Firm | |
H | Duty of Lawyers in Government Service | |
I | Duty of Public Prosecutors | |
J | Duty of Lawyers in the Academe | |
K | Duty of Lawyers who Supervise Paralegals | |
L | Responsible Use of Social Media | |
CANON III. FIDELITY | ||
A | Concept of Lawyer’s Fidelity | |
B | The Responsible and Accountable Lawyer | |
C | Definition of the Lawyer-Client Relationship | |
D | Authority of Lawyer to Bind Client | |
E | Authority of Lawyer to Appear | |
F | Duties as Officers of the Court and in the Administration of Justice | |
G | Duty to Avoid Laboring Under Conflict of Interest | |
H | Responsibilities of Law Firms and Legal Clinics; Supervisory and Supervised Lawyers | |
I | Lawyer’s Duty of Loyalty Regarding Client’s Confidences and Secrets | |
J | Concept of and Rules on Limited Legal Services | |
K | Lawyer’s Right to Compensation; Fees and Liens | |
L | Lawyer’s Duty of Loyalty Regarding Client’s Funds and Properties | |
M | Termination of Lawyer’s Engagement | |
CANON IV. COMPETENCE AND DILIGENCE | ||
A | Duty to Provide Competent, Efficient and Conscientious Legal Services | |
B | Specific Duties Owed Relating to Competence | |
1. Punctuality in All Appearances, Punctuality in Delivering Legal Services | ||
2. Explaining Viable Options | ||
3. Giving Case Status Updates, Particularly Milestones | ||
C | Practice of Law Concurrent with another profession | |
CANON V. EQUALITY | ||
A | Policy of Non-Discrimination | |
B | Duty to be Mindful and Sensitive in Providing Affirmative Action in Favor of Vulnerable Persons | |
CANON VI. ACCOUNTABILITY | ||
A | Nature of Disciplinary Proceedings Against Lawyers | |
1. How instituted | ||
2. Proceedings against a government lawyer | ||
3. Proceedings against members of the judiciary | ||
4. Preventive suspension | ||
5. Quantum and burden of proof | ||
6. Executory nature of the decision or resolution | ||
7. Sworn statement after service of suspension | ||
8. Judicial Clemency | ||
9. Prohibition against employment of disbarred or suspended lawyer | ||
B | General Provisions of the Code of Professional Responsibility and Accountability | |
1. The Repealing and Effectivity Clause | ||
C | The 2004 Rules on Notarial Practice [A.M. 02-8-13-SC] | |
1. Qualifications of a Notary Public | ||
2. Term of Office of a Notary Public | ||
3. Powers and Limitations | ||
4. The Notarial Register | ||
5. Jurisdiction of Notary Public and Place of Notarization | ||
6. Competent Evidence of Identity | ||
7. Sanctions that may be imposed | ||
8. 2020 Interim Rules on Remote Notarization of Paper Documents, | ||
JUDICIAL ETHICS | ||
A | Sources | |
1. New Code of Judicial Conduct in the Philippine Judiciary [A.M. 03-05-01-SC] | ||
a. The Bangalore Draft and the Bangalore Agreement | ||
b. Role of the Judicial and Bar Council in Judicial Appointments | ||
2. Code of Judicial Conduct | ||
B | Qualities of a Judge or Justice [2004 New Code of Judicial Conduct] | |
1. Canon 1: Independence | ||
2. Canon 2: Integrity | ||
3. Canon 3: Impartiality | ||
4. Canon 4: Propriety | ||
a. Conditions for Judges/Justices to engage in business (Rule 5.02, Canon 5, 1989 Code of Judicial Conduct; also Rule 5.04 of the same Code) | ||
b. Conditions for Judges to Teach (A.M. 13-05-05-SC implemented by OCA 218-2019) | ||
5. Canon 5: Equality | ||
6. Canon 6: Competence and Diligence | ||
a. Revised Rules of Court, Rule 140 as amended by A.M. 01-8-14-SC, effective 1 October 2001 | ||
C | Disqualification of Judicial Officers | |
1. Compulsory vs. Voluntary Disqualification | ||
D | Judicial Discipline and Clemency | |
1. Cf. P.D. 828, as amended by P.D. 842 | ||
2. Impeachment of Supreme Court Justices | ||
3. Discipline of Erring Appellate Justices and Lower Court Judges | ||
a. Procedure for the Discipline of Erring Judges/Justices | ||
i. Cf. Administrative Matter 02-9-02-SC | ||
b. Imposable Penalties | ||
c. Grounds for Judicial Clemency | ||
PRACTICAL EXERCISES | ||
A | Promissory Notes or Simple Loan Agreements | |
B | Demand Letters | |
C | Sale Documents of Either Real or Personal Properties | |
D | BLease Contract | |
E | Special Power of Attorney to Sell a Realty or Appear in Pre-trial | |
F | Verification and Certification Against Forum Shopping | |
G | Preliminary Statements and Attestations in Judicial Affidavits | |
H | Judicial Affidavits in Criminal Cases | |
I | Notarial Acts | |
1. Jurat | ||
2. Acknowledgment | ||
3. Copy Certification | ||
J | Motions | |
1. To Dismiss | ||
2. To Declare Defendant in Default | ||
3. Execution of Judgment | ||
K | Quitclaims in Labor Cases | |
L | Information in Criminal Cases | |
1. Consummated Crimes | ||
2. Frustrated Crimes | ||
3. Attempted Crimes | ||
STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027 | ||
A | Challenges | |
B | Four Guiding Principles | |
C | Three Outcomes and Activities |