Philippine Bar Exam Coverage 2021

With the upcoming Philippine Bar Examinations fast approaching this November 2021, it’s important to know if you’re all caught up with the bar exam subjects you need to be studying. If you are in need of a refresher, then you’ve come to the right place.

In this article, we’ve lined out the main 7 bar subjects included in the examination. We’ve detailed what will be included in each bar subject so that you’re better guided in studying. It is expected for all examinees and bar candidates, to have basic knowledge regarding the laws mentioned. Make sure you have a schedule for studying lined up to be organized with the time you have.

Contents

Political and International Law

  1. The 1987 Constitution

    1. Nature and concept of a constitution
    2. Parts of a constitution
    3. Amendments and revisions
    4. Methods of interpreting the Constitution
  2. Basic Concepts

    1. Declaration of principles and state policies
    2. Sovereignty
    3. State immunity
    4. Separation of powers
    5. Checks and balances
    6. Delegation of powers
    7. Fundamental powers of the State
      1. Police power
      2. Eminent domain
      3. Taxation
  3. National Territory

  4. Citizenship

    1. Kinds of citizenship, the purpose of distinguishing citizenship, and kinds of citizenship
    2. Who are citizens
    3. Who can be citizens
    4. Modes of acquiring citizenship
    5. Modes of losing and reacquiring citizenship
    6. Dual citizenship and dual allegiance
  5. Legislative Department

    1. Legislative power
      1. Scope and limitations
      2. Principle of non-delegability; exceptions
    2. Chambers of Congress; composition; qualifications
      1. Senate
      2. House of Representatives
        1. District representatives and questions of apportionment
        2. Party-list system
    3. Legislative privileges, inhibitions, and disqualifications
    4. Quorum and voting majorities
    5. Discipline of members
    6. Process of law-making
    7. Electoral tribunals and the Commission on Appointments
      1. Nature
      2. Powers
    8. Powers of Congress
      1. Legislative inquiries and oversight functions
      2. Non-legislative
        1. Informing function
        2. Power of impeachment
    9. Initiative and referendum
  6. Executive Department

    1. Qualifications, election, and term of the President and Vice-President
    2. Privileges, inhibitions, and disqualifications
      1. Presidential immunity
      2. Presidential privilege
    3. Powers of the President
      1. General executive and administrative powers
      2. Power of appointment
        1. In general
        2. Limitations on the exercise/power
        3. Types of appointment
      3. Power of control and supervision
        1. The doctrine of qualified political agency
        2. Executive departments and offices
        3. Local government units
      4. Emergency powers
      5. Commander-in-chief powers
        1. Calling out powers
        2. Declaration of martial law and suspension of the privilege of the writ of habeas corpus; extension
      6. Executive clemency
        1. Nature and limitations
        2. Forms of executive clemency
      7. Diplomatic power
      8. Powers relative to appropriation measures
      9. Delegated powers
      10. Residual powers
      11. Veto powers
    4. Rules of succession
  7. Judicial Department

    1. Concepts
      1. Judicial power
      2. Judicial review
        1. Requisites
        2. Operative fact doctrine
        3. Political question doctrine
    2. Judicial independence and autonomy
    3. Appointments to the judiciary
      1. Qualifications of members of the judiciary
      2. Judicial and Bar Council
        1. Composition
        2. Powers
    4. The Supreme Court
      1. Composition
      2. Powers and functions
  8. Constitutional Commissions

    1. Common provisions
    2. Institutional independence safeguards
    3. Powers and functions
    4. Composition and qualifications of members
    5. Prohibited offices and interests
  9. Bill of Rights

    1. Concept of Bill of Rights
      1. Privacy and autonomy
      2. Relation to human rights
    2. Due process of law
      1. Concept of right to life, liberty and property
      2. Kinds of due process
        1. Substantive
        2. Procedural
          1. Judicial
          2. Administrative
        3. Levels of scrutiny
    3. Equal protection of laws
      1. Concept
      2. Requisites for a valid classification
      3. Levels of scrutiny
    4. Right against unreasonable searches and seizures
      1. Concept of privacy
      2. Concept of a search
      3. Requisites of a valid warrant
      4. Warrantless searches
      5. Warrantless arrests and detention
      6. Exclusionary rule
      7. Effects of unreasonable searches and seizures
      8. Effects of illegal detention
    5. Privacy of communications and correspondence
      1. Concept of communications, correspondence
      2. Intrusion, when and how allowed
      3. Exclusionary rule
    6. Freedom of speech and expression
      1. Concept
        1. Continuum of thought, speech, expression, and speech acts
        2. Purposes of free speech doctrines
        3. The balance between unbridled expression and liberty
      2. Types of regulation
        1. Prior restraint and subsequent punishment
        2. Content based and content neutral
        3. Incitement and advocacy
        4. Specificity of regulation and overbreadth doctrine
        5. Speech regulation in relation to election
        6. Speech regulation in relation to media
      3. Judicial analysis, presumptions and levels and types of scrutiny
      4. Special topics in free expression cases
        1. Hate speech
        2. Defamation and libel
        3. Sedition and speech in relation to rebellion
        4. Obscenity/pornography
        5. Commercial speech
        6. National emergencies
        7. Speech of public officers
      5. Cognate rights
        1. Freedom of assembly
        2. Freedom of association
        3. Freedom of information
    7. Freedom of religion
      1. Basic principles
        1. Purpose
        2. Concept of religion
      2. Principle of separation of church and state
      3. Non-establishment clause
      4. Free exercise clause
    8. Liberty of abode and freedom of movement
      1. Scope and limitations
      2. Watch-list and hold departure orders
    9. Eminent domain
      1. Concept
      2. Just compensation
      3. Abandonment of intended use and right of repurchase
      4. Expropriation by local government units
    10. Non-impairment of contracts
    11. Adequate legal assistance and free access to courts
    12. Right against self-incrimination
      1. Scope and coverage
      2. Application
      3. Immunity statutes
    13. Rights of persons under custodial investigation
      1. Availability
      2. Requisites
      3. Waiver
    14. Rights of the accused
      1. Criminal due process
      2. Bail
      3. Presumption of innocence
      4. Right to be heard
      5. Assistance of counsel
      6. Right to be informed of the nature and cause of the accusation
      7. Right to speedy, impartial, and public trial
      8. Right of confrontation
      9. Compulsory process
      10. Trials in absentia
    15. Right to the speedy disposition of cases
    16. Right against excessive fines and cruel, degrading, and inhuman punishments
    17. Non-imprisonment for debts
    18. Right against double jeopardy
      1. Requisites; scope
      2. Limitations
    19. Right against involuntary servitude
    20. Ex post facto laws and bills of attainder
  10. Law on Public Officers

    1. General principles
    2. Modes of acquiring title to public office
    3. Modes and kinds of appointment
    4. Eligibility and qualification requirements
    5. Disabilities and inhibitions of public officers
    6. Powers and duties of public officers
    7. Rights of public officers
    8. Liabilities of public officers
      1. Preventive suspension and back salaries
      2. Illegal dismissal, reinstatement, and back salaries
    9. Immunity of public officers
    10. Distinguish: de facto and de Jure officers
    11. Termination of official relation
    12. Civil service
      1. Scope
      2. Appointments to the civil service
      3. Personnel actions
    13. Accountability of public officers
      1. Types of accountability
        1. Administrative
        2. Criminal
      2. The Ombudsman and the Office of the Special Prosecutor
      3. The Sandiganbayan
    14. Term limits
  11. Administrative Law

    1. General principles
    2. Administrative agencies
    3. Powers of administrative agencies
      1. Rule-making power
        1. Kinds of administrative rules and regulations
        2. Requisites for validity
      2. Adjudicatory power
        1. Administrative due process
        2. Administrative appeal and review
        3. Administrative res judicata
      3. Fact-finding, investigative, licensing, and rate-fixing powers
    4. Judicial review
      1. The doctrine of primary administration jurisdiction
      2. The doctrine of exhaustion of administrative remedies
      3. The doctrine of finality of administrative action
  12. Election Law

    1. Suffrage
      1. Qualification and disqualification of voters
      2. Registration and deactivation of voters
      3. Inclusion and exclusion proceedings
      4. Local and overseas absentee voting
      5. Detainee voting
    2. Political parties
      1. Jurisdiction of the Commission on Elections over political parties
      2. Registration of political parties
    3. Candidacy
      1. Qualifications and disqualifications of candidates
      2. Filing of certificates of candidacy
        1. Effect of filing
        2. Substitution and withdrawal of candidates
        3. Nuisance candidates
        4. Effect of disqualification
    4. Campaign
      1. Premature campaigning
      2. Prohibited contributions
      3. Lawful and prohibited election propaganda
      4. Limitations on expenses
      5. Statement of contributions and expenses
    5. Board of Election Inspectors and Board of Canvassers
      1. Composition
      2. Powers
    6. Remedies
      1. Petition to deny due course to or cancel the certificate of candidacy
      2. Petition for disqualification
      3. Failure of election; call for a special election
      4. Pre-proclamation controversy
      5. Election protest
      6. Quo warranto
  13. Local Governments

    1. Autonomous Regions and their relation to the National Government
    2. Public corporations
      1. Concept; distinguished from Government-Owned or Controlled Corporations
      2. Classifications
        1. Quasi-corporations
        2. Municipal corporations
          1. Elements
          2. Nature and functions
          3. Requisites for creation, conversion, division, merger or dissolution
    3. Principles of local autonomy Powers of local government units
      1. General welfare clause
      2. Eminent domain
      3. Taxing power
      4. Closure and opening of roads
      5. Legislative power
        1. Requisites for the valid ordinance
        2. Local initiative and referendum
      6. Ultra vires acts
      7. Corporate powers
      8. Liability of local government units
      9. Settlement of boundary disputes
      10. Local officials
        1. Vacancies and succession
        2. Discipline
          1. Elective officials
            1. Grounds
            2. Jurisdiction
            3. Preventive suspension
            4. Removal
            5. Administrative appeal
            6. Doctrine of condonation
          2. Appointive officials
      11. Recall
      12. Term Limits
  14. National Economy and Patrimony

    1. Exploration, development, and utilization of natural resources
    2. Franchises, authorities, and certificates for public utilities
    3. Acquisition, ownership, and transfer of public and private lands
    4. Practice of professions
    5. Organization and regulation of private and public corporations
    6. Monopolies, restraint of trade, and unfair competition
  15. Social Justice and Human Rights

    1. Concept of social justice
    2. Economic, social, and cultural rights
    3. Commission on Human Rights
      1. Powers
      2. Composition and qualification of members
  16. Education, Science, Technology, Arts, Culture, and Sports

    1. Academic freedom
  17. Public International Law

    1. Concepts
    2. Relationship between international and Philippine domestic law
    3. Sources of international law
      1. Article 38, 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
    4. Subjects of international law
      1. States
      2. International organizations
      3. Individuals
      4. Others
    5. Jurisdiction of states
      1. Basis of jurisdiction
        1. Territoriality principle
        2. Nationality principle and statelessness
        3. Protective principle
        4. Universality principle
        5. Passive personality principle
      2. Exemptions from jurisdiction
        1. Act of State doctrine
        2. International organizations and their officers
    6. Diplomatic and consular law
    7. Nationality and statelessness
    8. General principles of treaty law
    9. The doctrine of state responsibility
    10. Refugees
    11. Treatment of aliens
      1. Extradition
        1. Fundamental principles
        2. Procedure
        3. Distinguished from deportation
    12. 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
    13. International humanitarian law
      1. Categories of armed conflicts
        1. International armed conflicts
        2. Internal or non-international armed conflict
        3. War of national liberation
      2. Core international obligations of States
      3. Principles of international humanitarian law
        1. Treatment of civilians
        2. Prisoners of war
      4. Law on neutrality
    14. Law of the sea
      1. Baselines
      2. Archipelagic States
        1. Straight archipelagic baselines
        2. Archipelagic waters
        3. Archipelagic sea lanes passage
        4. The regime of islands
      3. Internal waters
      4. Territorial sea
      5. Contiguous zone
      6. Exclusive economic zone
      7. Continental shelf
      8. International Tribunal for the Law of the Sea
    15. International environmental law
      1. Principle 21 of the Stockholm Declaration
      2. Precautionary principle

List of relevant laws and treaties

1. The 1987 Constitution

2. Laws

  • Batas Blg. 881 (As amended) – Omnibus Election Code of the Philippines
  • Executive Order No. 200, s. 1987 – Publication of Laws as Requirement for Their Effectivity
  • Executive Order No. 292, s. 1987 – Administrative Code of 1997 / Introductory Provisions, section 2; Book I, sections 3-11
  • Rep. Act No. 6735 – The Initiative and Referendum Act
  • Rep. Act No. 6770 – The Ombudsman Act of 1989
  • Rep. Act No. 7160 – Local Government Code of 1’991

As amended by:

    • Rep. Act No. 8553
    • Rep. Act No. 8150
    • Rep. Act No. 9640
  • Rep. Act No. 7166 – Synchronized Elections Law of 1991

As amended by:

    • Rep. Act No. 7887
    • Rep. Act No. 9369
    • Rep. Act No. 8173
  • Rep. Act No. 7438 – Rights of Persons Arrested, Detained or Under Custodial Investigation
  • Rep. Act No. 7887 – Institution of Electoral Reforms
  • Rep. Act No. 7941 – Party-List System Act
  • Rep. Act No. 8171 – Repatriation of Filipino Women and of Natural-Born Filipinos Who Lost Their Philippine Citizenship
  • Rep. Act No. 8436 – Election Automation Law

As amended by:

    • Rep. Act No. 9369
    • Rep.Act No. 9006
  • Rep. Act No. 8975 – Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions on Government Infrastructure Projects
  • Rep. Act No. 9006 – Fair Elections Act

As amended by:

    • Rep. Act No. 11207
  • Rep. Act No. 9189 – The Overseas Absentee Voting Act of 2003

As amended by:

    • Rep. Act No. 10590
  • Rep. Act No. 9225 – Citizenship Retention acquisition Act of 2003
  • Rep. Act No. 9244 – An Act Eliminating the Preparatory Recall Assembly as a Mode of Instituting Recall of Elective Local Government Officials
  • Rep. Act No. 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines
  • Rep. Act No. 9522 – An Act to Define the Baselines of the Territorial Sea of the Philippines
  • Rep. Act No. 9851 – Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes Against Humanity
  • Rep. Act No. 10368 – Human Rights Victims Reparation and Recognition Act of 2013

3. Treaties

  1. Statute of the International Court of Justice, art. 38(l)(a)
  2. Charter of the United Nations
  3. Vienna Convention on the Law of Treaties
  4. United Nations Convention on the Law of the Sea
  5. Vienna Convention on Diplomatic Relations
  6. Convention on the Privileges and Immunities of the UN
  7. Convention on the Privileges and Immunities of the Specialized Agencies
  8. Universal Declaration of Human Rights
  9. International Covenant on Civil and Political Right
  10. International Covenant on Economic, Social, and Cultural Rights
  11. Protocol Additional to the Geneva Conventions of 12 August 1949
  12. 1949 Geneva Conventions (first to fourth)
  13. 1977 Additional Protocols to the Geneva Conventions
  14. 1951 Convention Relating to the Status of Refugees and the 1967 Protocol

Labor Law and Social Legislation

  1. Fundamental Principles

    1. Legal basis
      1. 1987 Constitution
      2. Civil Code
      3. Labor Code
    2. State policy towards labor
      1. Security of tenure
      2. Social justice
      3. Equal work opportunities
      4. Right to self-organization and collective bargaining
      5. Construction in favor of labor
      6. The burden of proof and quantum of evidence
  2. Recruitment and Placement

    1. Definition of recruitment and placement
    2. Regulation of recruitment and placement activities
      1. Regulatory authorities
        1. Philippine Overseas Employment Administration
        2. Regulatory and visitorial powers of the Department of Labor and Employment Secretary
      2. Ban on direct hiring
      3. Entities prohibited from recruiting
      4. Suspension or cancellation of license or authority
      5. Prohibited practices
    3. Illegal Recruitment
      1. Elements
      2. Types
      3. Illegal recruitment as distinguished from estafa
    4. Liability of local recruitment agency and foreign employer
      1. Solidary liability
      2. Theory of imputed knowledge
    5. Termination of contract of migrant worker
    6. Employment of non-resident aliens
  3. Labor Standards

    1. Conditions of employment
      1. Hours of work
        1. Principles in determining hours worked and employees exempted or not covered
        2. Compensable Time
          1. Normal hours of work
          2. Night shift differential
          3. Overtime work
            1. Compressed work week
            2. Built-in overtime
        3. Non-compensable hours; when compensable
          1. Meal break
          2. Power interruptions or brownouts
          3. Idle time
          4. Travel time
          5. Commuting time
          6. Waiting time
      2. Rest periods
      3. Service Charge
    2. Wages
      1. Definition, components, and exclusions
        1. Wage vs. salary
        2. Distinguish: facilities and supplements
        3. Bonus, 13th-month pay
        4. Holiday pay
      2. Principles
        1. No work, no pay
        2. Equal pay for equal work
        3. A fair wage for fair work
        4. Non-diminution of benefits
      3. Minimum wage
        1. Payment by hours worked
        2. Payment by results
      4. Payment of wages
      5. Prohibitions regarding wages
      6. Wage determination
        1. Wage order
        2. Wage distortion
    3. Leaves
      1. Labor Code
        1. Service incentive leave
      2. Special laws
        1. Parental leave for solo parents
        2. Expanded maternity leave
        3. Paternity leave
        4. Gynecological leave
        5. Battered woman leave
    4. Sexual harassment in the work environment
      1. Definition
      2. Duties and liabilities of employers
      3. Applicable laws:
        1. Sexual Harassment Act
        2. Safe Spaces Act
    5. Working conditions for special groups of employees
      1. Apprentices and learners
      2. Disabled workers
        1. Equal opportunity
        2. Discrimination on employment
        3. Incentives for employers
      3. Gender
        1. Discrimination
        2. Stipulation against marriage
        3. Prohibited acts
        4. Facilities for women
        5. Women working in nightclubs, etc.
      4. Minors
      5. Kasambahays
      6. Homeworkers
      7. Solo parents
      8. Night workers
      9. Migrant workers
      10. Security guards
  4. Post-Employment

    1. Employer-employee relationship
      1. Tests to determine the existence
      2. Legitimate subcontracting contracting as distinguished from labor-only
        1. Elements
        2. Trilateral relationship
        3. Liabilities
      3. Kinds of employment
        1. Regular
        2. Casual
        3. Contractual
        4. Project
        5. Seasonal
        6. Fixed-term
        7. Probationary; private school teachers
    2. Termination by employer
      1. Requisites for validity
        1. Substantive due process
          1. Just causes
          2. Authorized causes
        2. Procedural due process
      2. Preventive suspension
      3. Illegal dismissal
        1. Kinds
          1. No just or authorized cause
          2. Constructive dismissal
            1. Burden of proof
            2. Liability of officers
            3. Reliefs from illegal dismissal
      4. Money claims arising from the employer-employee relationship
      5. When not deemed dismissed; employee on floating status
    3. Termination by employee
      1. With notice to the employer
      2. Without notice to the employer
      3. Distinguish voluntary resignation and constructive dismissal
    4. Retirement
  5. Labor Relations

    1. Right to self-organization
      1. Who may or may not exercise the right
        1. The doctrine of necessary implication
      2. Commingling or mixture of membership
      3. Rights and conditions of membership
        1. Nature of relationship
          1. Member-Labor union
          2. Labor union federation
            1. Disaffiliation
            2. Substitutionary doctrine
    2. Bargaining unit
    3. Bargaining representative
      1. Determination of representation status
    4. Rights of labor organizations
      1. Check off, assessment, agency fees
      2. Collective bargaining
        1. Duty to bargain collectively
        2. Collective Bargaining Agreement
          1. Mandatory provisions in a Collective Bargaining Agreement
    5. Unfair labor practices
      1. Nature, aspects
      2. By employers
      3. By labor organizations
    6. Peaceful concerted activities
      1. By labor organization
        1. Strike
          1. Valid strikes as distinguished from illegal strikes
        2. Picket
      2. By employer
        1. Lockout
      3. Assumption of jurisdiction by the Secretary of Labor and Employment
        1. Industry indispensable to the national interest
        2. Effects of assumption of jurisdiction
  6. Management Prerogative

    1. Discipline
    2. Transfer or employees
    3. Productivity standards
    4. Bonus
    5. Change of working hours
    6. Bona fide occupational qualifications
    7. Post-employment restrictions
    8. Marriage between employees of competitor-employers
  7. Social Legislation

    1. Social Security System Law
      1. Coverage and exclusions
      2. Dependents and beneficiaries
      3. Benefits
    2. Government Service Insurance System Law
      1. Coverage and exclusions
      2. Dependents and beneficiaries
      3. Benefits
    3. Limited Portability Law
    4. Disability and death benefits
      1. Labor Code
      2. Employees Compensation and State Insurance Fund
      3. Philippine Overseas Employment Administration-Standard Employment Contract
    5. Solo Parents
    6. Kasambahay
    7. Agrarian Relations
      1. Concept of agrarian reform
      2. Existence and concept of agricultural tenancy
      3. Rights of agricultural tenants
      4. Concept of farmworkers
    8. Universal Health Care
      1. Policy
      2. Coverage
      3. National Health Insurance Program
  8. Jurisdiction and Remedies

    1. Labor Arbiter
      1. Jurisdiction of the Labor Arbiter as distinguished from the Regional Director
      2. Requirements to perfect appeal to National Labor Relations Commission
      3. Reinstatement and/or execution pending appeal
    2. National Labor Relations Commission
    3. Court of Appeals
    4. Supreme Court
    5. Bureau of Labor Relations
    6. National Conciliation and Mediation Board
      1. Jurisdiction
      2. Conciliation as distinguished from mediation
      3. Preventive mediation
    7. Department of Labor and Employment Regional Directors
      1. Jurisdiction
      2. Recovery and adjudicatory power
    8. Department of Labor and Employment Secretary
      1. Jurisdiction
      2. Visitorial and enforcement powers
      3. Power to suspend effects of termination
      4. Remedies
    9. Voluntary Arbitrator
      1. Jurisdiction
      2. Remedies
    10. Prescription of actions
      1. Money claims
      2. Illegal dismissal
      3. Unfair labor practice
      4. Offenses under the Labor Code
      5. Illegal recruitment

List of relevant laws and treaties

1. The 1987 Constitution

2. Laws and Rules of Procedure

  • Pres. Decree No. 442 – Labor Code of the Philippines
  • Rep. Act No. 386 – Civil Code of the Philippines, articles 1700-1703
  • Rep. Act No. 8042 – Migrant Workers and Overseas Filipinos Act of 1995

As amended by:

    • Rep. Act No. 10022
  • Rep. Act No. 9208 – Anti-Trafficking in Persons Act of 2003

As amended by:

    • Rep. Act No. 10364
  • Rep. A~t No. 11227 – Handbook for OFWs Act of2018
  • Pres. Decree No. 626 – Amending Certain Articles of the Labor Code
  • Pres. Decree No. 851 – 13th Month Pay Law
  • Rep. Act No. 11165 – Telecommuting Act
  • Rep. Act No. 11210 – 105 Day Expanded Maternity Leave Law
  • Rep. Act No. 8187 – Paternity Leave Act of 1996

As amended by:

    • Rep. Act No. 11210
  • Rep. Act No. 8972 – Solo Parents’ Welfare Act

As amended by:

    • Rep. Act No. 11210
  • Rep. Act No. 9710 – Magna Carta of Women
  • Rep. Act No. 6725 – Amending Art. 135 of the Labor Code Re: Prohibition on Discrimination Against Women
  • Rep. Act No. 9262 – Anti-Violence Against Women and Their Children Act of 2004
  • Rep. Act No. 11313 – Safe Spaces Act
  • Rep. Aet No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act

As amended by:

    • Rep. Act No. 9231
  • Rep. Act No. 10361 – Batas Kasambahay
  • Rep. Act No. 7877 – Anti-Sexual Harassment Act of 1995
  • Rep. Act No. 7699 – Portability Law
  • Rep. Act No. 6715 – New Labor Relations Law
  • Rep. Act No. 6727 – Wage Rationalization Act
  • Rep. Act No. 6971 – Productivity Incentives Act of 1990
  • Rep. Act No. 8282 – SSS Law
  • Rep. Act No. 8291 – GSIS Law
  • Rep. Act No. 11199 – Social Security Act of 2018
  • Rep. Act No. 10801 – Overseas Workers Welfare Administration Act
  • Rep. Act No. 11223 – Universal Health Care Act
  • Rules of Court – Rules 45 and 65

3. Issuances

  • Exec. Order No. 126 – Reorganization Act of the Ministry of Labor and Employment
  • DOLE Advisory No. 2, s. 2009 – Guidelines on the Adoption of Flexible Work Arrangements
  • DOLE Order No. 150, s.2016 – Revised Guidelines Governing the Employment and Working Conditions of Security Guards and other Private Security Personnel in the Private Security Industry
  • POEA Memorandum Circular No. 010-10 – Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships
  • Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases 2017 Edition

Civil Law

  1. In General

    1. When law takes effect
    2. Retroactivity of laws
    3. Mandatory or prohibitory laws
    4. Waiver of rights
    5. Repeal of laws
    6. Conflict of laws
    7. Human relations
    8. Applicability of penal laws
  2. Persons and Family Relations

    1. Persons
      1. Kinds of Persons
      2. Capacity to act
      3. Domicile and residence of persons
    2. Rights and obligations of couples in intimate relationships (Rep. Act No. 9262)
    3. Marriage
      1. Requisites
      2. Marriages celebrated abroad
      3. Foreign divorce
      4. Void marriages
      5. Voidable marriages
      6. Unmarried cohabitation
    4. Legal Separation
      1. Grounds
      2. Defenses
      3. Procedure
      4. Effects of filing petition
      5. Effects of pendency
      6. Effects of the decree of legal separation
      7. Reconciliation
      8. Effect of death of one of the parties
    5. Rights and obligations between husband and wife
    6. Property relations of the spouses
      1. Marriage settlements
      2. Donations by reason of marriage
      3. Void donations by the spouses
      4. Absolute community of property
      5. Conjugal partnership of gains
      6. The regime of separation of property
      7. Judicial separation of property
      8. Property regime of unions without marriage
    7. The family
      1. Concept of family
      2. Effects on legal disputes
      3. Family home
    8. Paternity and filiation
      1. Legitimate children
      2. Proof of filiation
      3. Illegitimate children
      4. Action to impugn the legitimacy
      5. Legitimated children
    9. Adoption
      1. Domestic Adoption Law
      2. Law on Inter-Country Adoption
    10. Support
      1. What it compromises
      2. Who is obliged to give support
      3. Source of support
      4. Order of support
      5. Amount of support
      6. Manner and time of payment
      7. Renunciation and termination
      8. Support pendente lite
      9. Procedure in applications for support
    11. Parental authority
      1. General provisions
      2. Substitute parental authority
      3. Special parental authority
      4. Effect of parental authority over the child’s person
      5. Effects of parental authority over the child’s property
      6. Suspension or termination of parental authority
      7. Solo parents (Rep. Act No. 8972)
    12. Emancipation
      1. Cause of emancipation
      2. Effect of emancipation
    13. Summary judicial proceedings in the family code
    14. Use of surnames
    15. Absence
      1. Provisional measures in case of absence
      2. Declaration of absence
      3. Administration of the property of the absentee
      4. Presumption of death
    16. Civil registrar
  3. Property

    1. Classification of property
      1. Immovables
      2. Movables
    2. Ownership
      1. Bundle of rights
        1. Actions to recover ownership and possession of real property and its distinctions
        2. Actions for recovery of possession of movable property
      2. The distinction between real and personal rights
      3. Modes of acquiring ownership
      4. Limitations of ownership
    3. Accession
      1. Right to hidden treasure
      2. Rules of accession
        1. For immovables
        2. For movables
    4. Quieting of title
      1. Requisites
      2. Distinctions between quieting title and removing/preventing a cloud
      3. Prescription/non-prescription of action
    5. Co-ownership
      1. Characteristics of co-ownership
      2. Sources of co-ownership
      3. Rights of co-owners
      4. Termination of co-ownership
    6.  Possession
      1. Characteristics
      2. Acquisition of possession
      3. Effects of possession
      4. Loss or unlawful deprivation of a movable
      5. Possession in concept of owner, holder, in one’s own name, and in name of another
      6. Rights of the possessor
      7. Loss or termination of possession
    7. Usufruct
      1. Characteristics
      2. Classification
      3. Rights and obligations of usufructuary
      4. Rights of the owner
      5. Extinction, termination, and extinguishment
    8. Easements
      1. Characteristics
      2. Classification
      3. Modes of acquiring easements
      4. Rights and obligations of the owners of the dominant and servient estates
      5. Modes of extinguishment
    9. Nuisance
      1. Nuisance per se
      2. Nuisance per accidens
      3. Liabilities
      4. No prescription
      5. Criminal prosecution
      6. Judgment with abatement
      7. Extrajudicial abatement
      8. Special injury to individual
      9. Right of individual to abate a public nuisance
      10. Right to damages
      11. Defenses to action
      12. Who may sue on private nuisance
    10. Modes of acquiring ownership
      1. Occupation
      2. Donation
      3. Prescription
  4. Prescription

    1. Types of prescription
      1. Acquisitive
        1. Ordinary
        2. Extraordinary
      2. Extinctive
        1. Characteristics
        2. Requisites
        3. Periods
    2. When a prescription is inapplicable
      1. By offender
      2. Registered lands
      3. Actions to demand right of way; to abate a nuisance
      4. Action to the quiet title if the plaintiff is in possession
      5. Void contracts
      6. Action to demand partition; distinguished from laches
      7. Property of public dominion
    3. Prescription or limitation of actions
      1. To recover movables
      2. To recover immovables
      3. Other actions
    4. Interruption
  5. Succession

    1. General provisions
      1. Definition
      2. Succession occurs at the moment of death
      3. Kinds of Successors
    2. Testamentary succession
      1. Wills
      2. Institution of heirs
      3. Substitution of heirs
      4. Conditional testamentary dispositions and testamentary dispositions with a term
      5. Legitime
    3. Legal or intestate succession
      1. General provisions
        1. Relationship
        2. Right of representation
      2. Order of intestate succession
    4. Provisions common to testate and intestate succession
      1. Right of accretion
      2. Capacity to succeed by will or intestacy
      3. Acceptance and repudiation of the inheritance
      4. Collation
      5. Partition and distribution of estate
  6. Obligations

    1. General provisions
      1. Definition
      2. Elements of an obligation
      3. Sources of obligations
    2. Nature and effect of obligations
      1. Obligation to give
      2. Obligation to do or not to do
      3. Transmissibility of obligations
      4. Performance of obligations
      5. Breaches of obligations
      6. Remedies available to creditor in cases of breach
    3. Kinds of obligations
      1. Pure
      2. Conditional
      3. Obligation with a period or a term
      4. Alternative or facultative
      5. Joint and solidary obligations
      6. Obligations with a penal clause
    4. Extinguishment of obligations
      1. Payment or performance
      2. Loss of determinate thing due or impossibility or difficulty of performance
      3. Condonation or remission of debt
      4. Confusion
      5. Compensation
      6. Novation
  7. Contracts

    1. General provisions
      1. Stages of contracts
      2. Classification
      3. Essential requisites
    2. Formality
    3. Reformation of instruments
    4. Interpretation of contracts
    5. Defective contracts
      1. Rescissible contracts
      2. Voidable contracts
      3. Unenforceable contracts
      4. Void or inexistent contracts
      5. Distinguish: resolution and rescission of contracts
  8. Natural obligations

  9. Estoppel

  10. Special contracts

    1. Sales
      1. General provisions
      2. Parties
      3. Obligations of the vendor
      4. Obligations of the vendee
      5. Transfer of ownership
      6. Risk of loss
      7. Documents of title
      8. Warranties
      9. Breach of contract
      10. Performance of contract
      11. Extinguishment
    2. Trusts
    3. Agency
    4. Compromise
    5. Loan
      1. Loan
      2. Commodatum
      3. Simple loan
      4. Interests on loan
        1. Conventional interest
        2. Interest on interest
        3. Compensatory, penalty, or indemnity interest
        4. Finance charges
        5. Usury
    6. Deposit
    7. Lease
  11. Quasi-contracts

    1. Negotiorum Gestio
    2. Solutio Indebiti
  12. Land titles and deeds

    1. Torrens system
      1. Concept and background
      2. Certificate of title
    2. Agrarian titles and ancestral lands and domains
      1. Concept and registration of agrarian titles
      2. Concept and registration of ancestral lands and domains
    3. Citizenship requirement
      1. Individuals
      2. Corporations
    4. Original registration
      1. Who may apply
      2. Registration process and requirements
      3. Remedies
      4. Cadastral registration
    5. Subsequent registration
      1. Voluntary dealings
      2. Involuntary dealings
    6. Non-registrable properties
    7. Dealings with unregistered lands
  13. Torts

    1. Principles
      1. Abuse of right; elements
      2. Unjust enrichment
      3. Liability without fault
      4. Acts contrary to law
      5. Acts contrary to morals
    2. Classification of torts
      1. According to the manner of commission
      2. According to scope
    3. The tortfeasor
      1. Direct tortfeasor
        1. Natural persons
        2. Juridical persons
      2. Persons made responsible for others
      3. Joint tortfeasors
    4. PROXIMATE CAUSE
      1. Concept
      2. Cause in fact
      3. Efficient intervening cause
      4. Cause as distinguished from condition
      5. Last clear chance
    5. Legal injury
      1. Concept
      2. Elements of right
      3. Violation of right or legal injury
      4. Classes of injury
    6. Intentional torts
      1. General
        1. Concept
        2. Classes
      2. Interference with rights to persons and property
      3. Interference with relations
    7. Negligence
      1. Concept
      2. Good father of a family or reasonably prudent person
      3. Standard of care; emergency rule
      4. Unreasonable risk of harm
      5. Evidence
      6. Presumption of negligence
      7. Defenses
    8. Special liability in particular activities
      1. In general; concepts
      2. Products liability; manufacturers or processors
      3. Nuisance
      4. Violation of constitutional rights; violation of civil liberties
      5. Violation of rights committed by public officers
      6. Provinces, cities and municipalities
      7. Owner of motor vehicle
      8. Proprietor of building or structure or thing
      9. Head of family
      10. Violations of data privacy
    9. Strict liability
      1. Animals; possessor and user of an animal
      2. Nuisance
      3. Products liability; Consumer Ac
  14. Damages

    1. General considerations
      1. Classification
      2. Kinds of damages
        1. Actual and Compensatory
        2. Moral
        3. Nominal
        4. Temperate
        5. Liquidated
        6. Exemplary
      3. When damages may be recovered
    2. Damages in case of death
    3. Graduation of damages
      1. Duty of the injured party
      2. Rules
        1. In crimes
        2. In quasi-delicts
        3. In contracts and quasi-contracts
        4. Liquidated damages
        5. Compromise

Taxation Law

  1. General Principles

    1. Concept and purpose of taxation
      1. Definition
      2. Purpose
      3. Distinguish: tax and other forms of exactions
    2. Distinguish: Power of taxation, police power, and eminent domain
    3. Theory and basis of taxation
      1. Lifeblood theory
      2. Necessity theory
      3. Benefits-received theory
    4. Jurisdiction over subject and objects
    5. Principles of a sound tax system
      1. Fiscal adequacy
      2. Theoretical justice
      3. Administrative feasibility
    6. Inherent and constitutional limitations on taxation
    7. Stages or aspects of taxation
    8. Requisites of a valid tax
    9. Kinds of taxes
    10. General concepts in taxation
      1. Prospectivity of tax laws
      2. Imprescriptibility
      3. Situs of taxation
      4. Double taxation
        1. Strict sense
        2. Broad sense
        3. Tax treaties as relief from double taxation
      5. Escape from taxation
        1. Shifting of the tax burden
        2. Distinguish: tax avoidance and tax evasion
      6. Exemption from taxation
      7. Equitable recoupment
      8. Prohibition on compensation and set-off
      9. Compromise
      10. Tax amnesty
    11. Construction and interpretation  of tax laws, rules and regulations
  2. National taxation

    1. Taxing authority
      1. Jurisdiction, power, and functions of the Commissioner of Internal Revenue
      2. Rule-making authority of the Secretary of Finance
    2. Income tax
      1. Definition, nature, and general principles
        1. Income tax systems
          1. Global
          2. Scheduler
          3. Others
        2. Features of the Philippine income tax law
        3. Criteria in imposing Philippine income tax
          1. Citizenship
          2. Residence
          3. Source
        4. General principles of income taxation
        5. Types of Philippine income taxes
        6. Kinds of taxpayers
        7. Taxable period
      2. Concept of income
        1. Definition
        2. When income is taxable
          1. Existence of income
          2. Realization of income
          3. Recognition of income
        3. Tests in determining whether income is earned for tax purposes
          1. Realization test
          2. The claim of right doctrine or doctrine of ownership, command or control
          3. Economic benefit test or doctrine of proprietary interest
          4. Severance test
        4. Methods of accounting
          1. Distinguish: cash and accrual method
          2. Special method: installment, deferred payment, percentage of completion (in long-term contracts)
        5. Situs of Income
      3. Gross income
        1. Definition
        2. Distinguish: gross income, net income, and taxable income
        3. Sources of income subject to tax
          1. Compensation income
          2. Fringe benefits
          3. Professional income
          4. Income from business
          5. Income from dealings in property
            1. Distinguish ordinary asset and capital asset
            2. Types of gains
            3. Special rules pertaining to income or loss from dealings in property classified as capital asset (loss limitation rule, loss carry-over rule, holding period rule)
            4. Tax-free exchanges
          6. Passive investment income
            1. Interest
            2. Dividend
            3. Royalty income
            4. Rental income
          7. Annuities and proceeds from a life insurance or other types of insurance
          8. Prizes and awards
          9. Pension, retirement benefit, or separation pay
          10. Income from any source
            1. Condonation of indebtedness
            2. Recovery of accounts previously written off
            3. Receipt of tax refunds or credit
        4. Exclusions
          1. Rationale
          2. Taxpayers who may avail
          3. Distinguish exclusions, deductions, and tax credits iv. Exclusions under the Constitution
      4. Deductions
        1. General rule
        2. Concept of return of capital
        3. Distinguish: itemized deductions and optional standard deduction
        4. Requirements for deductible items e. Items not deductible
      5. Income tax on individuals
        1. Resident citizens, non-resident citizens, and resident aliens
          1. Coverage
          2. Taxation on compensation income
            1. Inclusions
            2. Exclusions
          3. Taxation of business income/income from the practice of the profession
            1. Scheduler
            2. 8% option
          4. Taxation of partners in a general professional partnership
          5. Taxation of passive income
          6. Taxation of capital gains
            1. Income from the sale of shares of stock of a Philippine corporation
            2. Income from the sale of real property situated in the Philippines
            3. Income from sale, exchange, and other disposition of other capital assets
        2. Non-resident aliens engaged in trade or business
        3. Non-resident aliens not engaged in trade or business
        4. Aliens employed by regional headquarters, regional operating headquarters, offshore banking units, and petroleum service contractors
        5. Individual taxpayers exempt from income tax
          1. Minimum wage earner
          2. Exemptions granted under international agreements
      6. Income tax on corporations
        1. Domestic corporations
          1. Taxation – in general
            1. Regular Corporate Income Tax (RCIT)
            2. Minimum Corporate Income Tax (MCIT)
            3. Taxation of passive income
            4. Taxation of capital gains
            5. Improperly accumulated earnings tax
          2. Proprietary educational institutions and non-profit hospitals
          3. Government-owned or controlled corporations, agencies, instrumentalities
          4. Foreign currency deposit units
        2. Resident foreign corporations
          1. Taxation – in general
            1. Regular Corporate Income Tax (RCIT)
            2. Minimum Corporate Income Tax (MCIT)
            3. Branch Profits Remittance Tax (BPRT)
            4. Taxation of passive income
            5. Taxation of capital gains
          2. Resident foreign corporations subject to preferential tax rates
            1. International carriers
            2. Foreign currency deposit units and offshore banking units
            3. Regional or area headquarters and regional operating headquarters
          3. Non-resident foreign corporations (NRFC)
            1. Taxation of NRFC in general
            2. NRFCs subject to preferential tax rates
          4. Corporations exempt from income tax
          5. Tax on other business entities: general partnerships, general professional partnerships, co-ownerships, joint ventures, and consortia
      7. Filing of returns and payment
        1. Individual return
          1. Who are required to file; exceptions
          2. Substituted filing
          3. When and where to file
        2. Corporate returns
          1. Quarterly income tax
          2. Final adjustment return
          3. When and where to file
          4. Return of corporations contemplating dissolution or reorganization
        3. Return on capital gains realized from the sale of shares of stock and real estate
      8. Withholding tax
        1. Concept
        2. Final withholding tax
        3. Creditable withholding tax
          1. Expanded withholding tax
          2. Withholding tax on compensation
        4. Fringe benefits tax
        5. Duties of a withholding agent
    3. Estate tax
      1. Basic principles, concept, and definition
      2. Classification of decedent
      3. Composition of the gross estate
        1. Items to be included in determining gross estate
          1. Decedent’s interest
          2. Transfers in contemplation of death
          3. Revocable transfers
          4. Property passing under a general power of appointment
          5. Proceeds of life insurance
          6. Prior interests
          7. Transfers for insufficient consideration
        2. Allowable deductions from a gross estate
        3. Exclusions from gross estate and exemptions of certain acquisitions and transmissions
        4. Tax credit for estate taxes paid to a foreign country
        5. Filing of estate tax returns and payment of estate tax
    4. Donor’s tax
      1. Basic principles, concept, and definition
      2. Requisites of a valid donation
      3. Transfers which may be considered as a donation
        1. Sale, exchange, or transfer of property for less than adequate and full consideration; exception
        2. Condonation or remission of debt
        3. Renunciation of inheritance; exception
      4. Classification of donor
      5. Determination of gross gift
        1. Composition of gross gift
        2. Valuation of gifts made in property
        3. Exemption of certain gifts
      6. Tax credit for donor’s taxes paid to a foreign country
      7. Filing of return and payment
    5. Value-added tax
      1. Nature and characteristics of value-added tax
        1. Tax on value-added
        2. Sales tax
        3. Tax on consumption
        4. Indirect tax: impact and incidence of tax
        5. Tax credit method
        6. Destination principle and cross-border doctrine
      2. Persons liable to value-added tax
      3. Imposition of value-added tax
        1. On the sale of goods or properties
          1. Tax base: gross selling price
          2. Transactions deemed sale
          3. Change or cessation of status as a value-added tax-registered person
        2. On importation of goods
        3. On the sale of services and use or lease of properties
      4. Zero-rated and effectively zero-rated sales of goods or properties, and services
      5. Value-added tax-exempt transactions
      6. Input and output tax
      7. Refund or tax credit of excess input tax; procedure
      8. Compliance requirements
        1. Registration
        2. Invoicing requirements
        3. Filing of returns and payment
        4. Withholding of final value-added tax on sales to government
        5. Administrative and penal sanctions
    6. Percentage taxes: Concept and nature
    7. Excise tax: Concept and nature
    8. Documentary stamp tax: Concept and nature
    9. Tax remedies under the national internal revenue code
      1. Assessment of internal revenue taxes
        1. Procedural due process in tax assessments
          1. Letter of authority and tax audit
          2. Informal conference
          3. Preliminary assessment notice
          4. Formal letter of demand and final assessment notice
          5. Disputed assessment
          6. Administrative decision on a disputed assessment
          7. Appeal from an administrative decision on disputed assessment
        2. Requisites of a valid assessment
        3. Tax delinquency and tax deficiency
        4. The prescriptive period for assessment
          1. General rule
          2. Distinguish: false returns, fraudulent returns, and non-filing of returns
          3. Suspension of statute of limitations
      2. Taxpayer’s remedies
        1. Protesting an assessment
          1. Period to file a protest
          2. Kinds of protest – request for reconsideration or reinvestigation
          3. Submission of supporting documents
          4. Effect of failure to file a protest
          5. The action of the Commissioner on the protest filed
            1. Period to act upon or decide on protest filed
            2. Remedies of the taxpayer in case of denial or inaction of the Commissioner
            3. Effect of failure to appeal
        2. Recovery of tax erroneously or illegally collected
          1. Grounds, requisites, and periods for filing a claim for refund or issuance of a tax credit certificate
          2. Proper party to file a claim for refund or tax credit
          3. Distinguish from input value-added tax refund
        3. Power of Commissioner of Internal Revenue to compromise
        4. Non-retroactivity of rulings
      3. Government remedies for collection of delinquent taxes
        1. Requisites
        2. Prescriptive periods; suspension of the running of the statute of limitations
        3. Administrative remedies
          1. Tax lien
          2. Distraint and levy
          3. Forfeiture of real property
          4. Suspension of business operation
          5. Judicial remedies
        4. No injunction rule; exceptions
      4. Civil penalties
        1. Delinquency interest and deficiency interest
        2. Surcharge
        3. Compromise penalty
        4. Fraud penalty
  3. Local taxation

    1. Local government taxation
      1. Fundamental principles
      2. Nature and source of taxing power
        1. Grant of local taxing power under the Local Government Code
        2. Authority to prescribe penalties for tax violations
        3. Authority to grant local tax exemptions
        4. Withdrawal of exemptions
        5. Authority to adjust local tax rates
        6. The residual taxing power of local governments
      3. Scope of taxing power
      4. The specific taxing power of local government units
      5. Common revenue-raising powers
      6. Community tax
      7. Common limitations on the taxing powers of local government units
      8. Requirements for a valid tax ordinance
      9. Taxpayer’s remedies
        1. Protest
        2. Refund
        3. Action before the Secretary of Justice
      10. Assessment and collection of local taxes
        1. Remedies of local government units
        2. Prescriptive period
    2. Real property taxation
      1. Fundamental principles
      2. Nature
      3. Imposition
        1. Power to levy
        2. Exemption from real property tax
      4. Appraisal and assessment
        1. Classes of real property
        2. Assessment based on actual use
      5. Collection
        1. Date of accrual
        2. Periods to collect
        3. Remedies of local government units
      6. Taxpayer’s remedies
        1. Contesting an assessment
          1. Payment under protest; exceptions
          2. File protest with Treasurer
          3. Refunds or credits of real property taxes
        2. Contesting a valuation of real property
          1. Appeal to the Local Board of Assessment Appeals (LBAA)
          2. Appeal to the Central Board of Assessment Appeals (CBAA)
          3. Effect of payment of taxes
        3. Compromising real property tax assessment
  4. Judicial remedies

    1. Jurisdiction of the court of tax appeals
      1. Exclusive original and appellate jurisdiction over civil cases
      2. Exclusive original and appellate jurisdiction over criminal cases
    2. Procedure
      1. Filing of an action for collection of taxes
        1. Internal revenue taxes
        2. Local taxes
      2. Civil cases
        1. Who may appeal, mode of appeal, and effect of the appeal
        2. Suspension of collection of taxes
        3. The injunction not available to restrain collection
      3. Criminal cases
        1. Institution and prosecution of criminal action
        2. Institution of civil action in a criminal action
        3. Period to appeal
      4. Appeal to the Court of Tax Appeals en bane
      5. Petition for review on certiorari to the Supreme Court

List of relevant materials

1. 1987 Constitution

2. Laws

  • Rep. Act No. 8424 as amended byRep. Act No. 10963 – The National Internal Revenue Code of the Philippines

Including:

    • Revenue Regulations No. 6-2008, as amended
    • Revenue Regulations No. 12-99, as amended
  • Rep. Act No. 7160 – Local Government Code
  • Rep. Act No. 1125 as amended by Rep. Act No. 9282 – An Act Expanding the Jurisdiction of the Court of Tax Appeals, Elevating its Rank to the Level of a Collegiate Court with Special Jurisdiction and Enlarging its Membership
  • Rep. Act No. 7916 as amended byRep. Act No. 8748 – An Act Amending Rep. Act No. 7916, Otherwise Known as the Special Economic Zone Act of 1995
  • Rep. Act No. 9505 – Personal Equity and Retirement Account Act of 2008
  • Executive Order No. 226 as amended by Rep. Act No. 7918 – Omnibus Investments Code of 1987, as Amended, and For Other Purposes
  • Rep. Act No. 7227 as amended by Rep. Act No. 9400 – Bases Conversion and Development Act of 1992

Commercial Law

  1. Insurance

    1. Concept of insurance
    2. Elements of an insurance contract
    3. Characteristics and nature of insurance contracts
    4. Classes
      1. Marine
      2. Fire
      3. Casualty
      4. Suretyship
      5. Life
      6. Microinsurance
      7. Compulsory motor vehicle liability insurance
      8. Compulsory insurance coverage for agency-hired workers
    5. Variable contracts
    6. Insurable interest
      1. In life/health
      2. In property
      3. Double insurance and over insurance
      4. Multiple or several interests on same property
    7. Perfection of the contract of insurance
      1. Offer and acceptance/consensuality
        1. Delay in acceptance
        2. Delivery of policy
      2. Premium payment
      3. Non-default options in life insurance
      4. Reinstatement of a lapsed policy of life insurance
      5. Refund of premiums
    8. Rescission of insurance contracts
      1. Concealment
      2. Misrepresentation/omissions
      3. Breach of warranties
    9. Claims settlement and subrogation
      1. Notice and proof of loss
      2. Guidelines on claims settlement
        1. Unfair claims settlement; sanctions
        2. Prescription of action
        3. Subrogation
    10. Business of insurance; requirements
    11. Insurance Commissioner and its powers
  2. Pre-need

    1. Definition
      1. Pre-need plans
      2. Pre-need company
    2. Registration of pre-need plans
    3. Licensing of sales counselor and general agent
    4. Default and termination
    5. Claims settlement
  3. Transportation Law

    1. Common carriers
      1. The diligence required of common carriers
      2. Liabilities of common carriers
      3. Classification of transport network vehicle services and transport network companies
    2. Vigilance over goods
      1. Exempting causes
        1. Requirement of the absence of negligence
        2. Absence of delay
        3. Due diligence to prevent or lessen the loss
      2. Contributory negligence
      3. Duration of liability
        1. Delivery of goods to a common carrier
        2. Actual or constructive delivery
        3. Temporary unloading or storage
      4. Stipulation for limitation of liability
        1. Void stipulations
        2. Limitation of liability to a fixed amount
        3. Limitation of liability in absence of a declaration of greater value
      5. Liability for baggage of passengers
        1. Checked-in baggage
        2. Baggage in possession of passengers
    3. Safety of passengers
      1. Void stipulations
      2. Duration of liability
        1. Waiting for carrier or boarding of carrier
        2. Arrival at destination
      3. Liability for acts of others
        1. Employees
        2. Other passengers and strangers
      4. Liability for delay in commencement of voyage
      5. Liability for defects in equipment and facilities
      6. Extent of liability for damages
    4. Bill of lading
      1. Three-fold character
      2. Delivery of goods
        1. Period for delivery
        2. Delivery without surrender of bill of lading
        3. Refusal of consignee to take delivery
      3. Period for filing claims
      4. Period for filing actions
      5. Effects of stipulations
    5. Maritime commerce
      1. Charter parties
        1. Bareboat/demise charter
        2. Time charter
        3. Voyage/trip charter
      2. Liability of shipowners and shipping agents
        1. Liability for acts of captain
        2. Exceptions to limited liability
      3. Accidents and damages in maritime commerce
        1. General average
        2. Collisions and allisions
      4. Carriage of Goods by Sea Act
        1. Application
        2. Notice of loss or damage
        3. Period of prescription
        4. Limitation of liability
    6. Public Service Act
      1. Definition of public utility
      2. The necessity for certificate of public convenience
        1. Requisites
          1. Citizenship
          2. Promotion of public interests
          3. Financial capability
        2. Prior operator rule
          1. Meaning
          2. Exceptions
          3. Ruinous competition
      3. Fixing of rate
        1. Rate of return
        2. Exclusion of income tax as an expense
      4. Unlawful arrangements
        1. Boundary system
        2. Kabit system
      5. Approval of sale, encumbrance, or lease of property
    7. The Warsaw Convention
      1. Applicability
      2. Limitation of liability
        1. Liability to passengers
        2. Liability for checked baggage
        3. Liability for hand-carried baggage
      3. Willful misconduct
  4. Business organizations

    1. Partnerships
      1. General provisions
        1. Definition
        2. Elements
        3. Characteristics
        4. Rules to determine the existence
        5. Partnership term
        6. Partnership by estoppel
        7. Partnership as distinguished from joint venture
        8. Professional partnership
        9. Management
      2. Rights and obligations of partnership and partners
        1. Rights and obligations of the partnership
        2. Obligations of partners among themselves
        3. Obligations of partnership/partners to third persons
        4. Dissolution and winding up
        5. Limited Partnership
    2. Corporations
      1. Definition of corporation
      2. Classes of corporations
      3. Nationality of corporations
        1. Control test
        2. Grandfather rule
      4. Corporate juridical personality
        1. The doctrine of separate juridical personality
          1. Liability for tort and crimes
          2. Recovery of damages
        2. The doctrine of piercing the corporate veil
          1. Grounds for application of the doctrine
          2. Test in determining the applicability
      5. Capital structure
        1. Number and qualifications of incorporators
        2. Subscription requirements
        3. Corporate term
        4. Classification of shares
          1. Preferred shares versus common shares
          2. Scope of voting rights subject to classification
          3. Founder’s shares
          4. Redeemable shares
          5. Treasury shares
      6. Incorporation and organization
        1. Promoter
          1. Liability of promoter
          2. Liability of corporation for promoter’s contracts
        2. Subscription contract
        3. Pre-incorporation subscription agreements
        4. Consideration for stocks
        5. Articles of Incorporation
          1. Contents
          2. Non-amendable items
        6. Corporate name; limitations on use of the corporate name
        7. Registration, incorporation, and commencement of corporate existence
        8. Election of directors or trustees
        9. Adoption of by-laws
          1. Contents of by-laws
          2. Binding effects
          3. Amendments
        10. Effects of non-use of corporate charter
      7. Corporate powers
        1. General powers; theory of general capacity
        2. Specific powers; theory of specific capacity
        3. Power to extend or shorten the corporate term
        4. Power to increase or decrease capital stock or incur, create, increase bonded indebtedness
        5. Power to deny pre-emptive rights
        6. Power to sell or dispose of corporate assets
        7. Power to acquire own shares
        8. Power to invest corporate funds in another corporation or business
        9. Power to declare dividends
        10. Power to enter into a management contract
        11. Limitations
          1. Ultra vires acts
            1. Applicability of ultra vires doctrine
            2. Consequences of ultra vires acts
        12. The doctrine of the individuality of subscription
        13. The doctrine of equality of shares
        14. Trust fund doctrine
          1. How exercised
            1. By the shareholders
            2. By the board of directors
            3. By the officers
      8. Stockholders and members
        1. Fundamental rights of a stockholder
        2. Participation in management
          1. Proxy
          2. Voting trust
          3. Cases when stockholders’ action is required
            1. By a majority vote
            2. By a two-thirds vote
            3. By cumulative voting
          4. Manner of voting
        3. Proprietary rights
          1. Right to dividends
          2. Appraisal right
            1. When available
            2. Manner of exercise of right
          3. Right to inspect
          4. Preemptive right
          5. Right to vote
          6. Right to dividends
        4. Remedial rights
          1. Individual suit
          2. Representative suit
          3. Derivative suit
        5. Obligations of a stockholder
        6. Meetings
          1. Regular or special
          2. Notice of meetings
          3. Place and time of meetings
          4. Quorum
          5. Minutes and agenda of meetings
      9. Board of directors and trustees
        1. Repository of corporate powers
        2. Tenure, qualifications and disqualifications of directors
        3. Requirement of independent directors
        4. Elections
          1. Cumulative voting
          2. Quorum
        5. Removal
        6. Filling of vacancies
        7. Compensation
        8. Disloyalty
        9. Business judgment rule
        10. Solidary liabilities for damages
        11. Personal liabilities
        12. Responsibility for crimes
        13. Special fact doctrine
        14. Inside information
        15. Contracts
          1. By self-dealing directors with the corporation
          2. Between corporations with interlocking directors
        16. Executive and other special committees
          1. Creation
          2. Limitations on its powers
        17. Meetings
          1. Regular or special
            1. When and where
            2. Notice
            3. Attendance in meetings
          2. Who presides
          3. Quorum
          4. Rule on abstention
      10. Capital affairs
        1. Certificate of stock
          1. Nature of the certificate
          2. Uncertificated shares
          3. Negotiability; requirements for a valid transfer of stocks
          4. Issuance
            1. Full payment
            2. Payment pro-rata
          5. Stock and transfer book
            1. Contents
            2. Who may make valid entries
            3. Stock transfer agent
          6. Lost or destroyed certificates
          7. Situs of the shares of stock
        2. Watered stocks
          1. Definition
          2. Liability of directors for watered stocks
          3. Trust fund doctrine for liability for watered stocks
        3. Payment of the balance of the subscription
          1. Call by a board of directors
          2. Notice requirement
        4. Sale of delinquent shares
          1. Effect of delinquency
          2. Call by resolution of the board of directors
          3. Notice of sale
          4. Auction sale
        5. Alienation of shares
          1. Allowable restrictions on the sale of shares
          2. Sale of partially paid shares
          3. Sale of a portion of shares not fully paid
          4. Sale of all of the shares not fully paid
          5. Sale of fully paid shares
          6. Requisites of a valid transfer
          7. Involuntary dealings
        6. Corporate books and records
          1. Records to be kept at the principal office
          2. Right to inspect corporate records
          3. Effect of refusal to inspect corporate records
      11. Dissolution and liquidation
        1. Modes of dissolution
          1. Voluntary dissolution
            1. Where no creditors are affected
            2. Where creditors are affected
            3. By shortening of corporate term
            4. Withdrawal of dissolution
          2. Involuntary dissolution
        2. Methods of liquidation
          1. By the corporation itself
          2. Conveyance to a trustee within a three-year period
          3. By management committee or rehabilitation receiver
          4. Liquidation after three years
      12. Other corporations
        1. Close corporations
          1. Characteristics of a close corporation
          2. Validity of restrictions on the transfer of shares
          3. Issuance or transfer of stock in breach of qualifying conditions
          4. When a board meeting is unnecessary or improperly held
          5. Preemptive right
          6. Amendment of articles of incorporation
          7. Deadlocks
        2. Non-stock corporations
          1. Definition
          2. Purposes
          3. Treatment of profits
          4. Plan and distribution of assets upon dissolution
        3. Educational corporations
        4. Religious corporations
          1. Corporation sole; nationality
          2. Religious societies
        5. One person corporations
          1. Excepted corporations
          2. Capital stock requirement
          3. Articles of incorporation and by-laws
          4. Corporate name
          5. Corporate structure and officers
          6. Nominee
          7. Minutes and records
          8. Liability
          9. Conversion of corporation to one person corporations and vice-versa
        6. Foreign corporations
          1. Bases of authority over foreign corporations
            1. Consent
            2. Doctrine of “doing business”
          2. Necessity of a license to do business
            1. Requisites for issuance of a license
            2. Resident agent
            3. Amendment of license
          3. Personality to sue
          4. Suability of foreign corporations
          5. Instances when unlicensed foreign corporations may be allowed to sue (isolated transactions)
          6. Grounds for revocation of license
      13. Merger and consolidation
        1. Definition and concept
        2. Distinguish: constituent and consolidated corporation
        3. Plan of merger or consolidation
        4. Articles of merger or consolidation
        5. Procedure
        6. Effectivity
        7. Limitations
        8. Effects
      14. Investigations, offenses, and penalties
        1. Authority of Commissioner
          1. Investigation and prosecution of offenses
          2. Administration of oath and issuance of subpoena
          3. Cease and desist power
          4. Contempt
        2. Sanctions for violations
          1. Administrative sanctions
          2. Prohibited Acts
          3. Penalties
          4. Who are liable
        3. Authority of the Securities and Exchange Commission
  5. Securities

    1. State policy
    2. Definition of securities
    3. Kinds of securities
      1. Exempt securities
      2. Exempt transactions
      3. Non-exempt transactions
    4. Powers and functions of the Securities and Exchange Commission
    5. Procedure for registration of securities
    6. Prohibitions on fraud, manipulation, and insider trading
      1. Manipulation of security prices
      2. Short sales
      3. Option trading
      4. Fraudulent transactions
      5. Insider trading
    7. Protection of shareholder interests
      1. Tender offer rule
      2. Rules on proxy solicitation
      3. Disclosure rule
  6. Banking

    1. The New Central Bank Act
      1. State policies
      2. Creation of the Bangko Sentral ng Pilipinas
      3. Responsibility and primary objective
      4. Corporate powers
      5. Operations of the Bangko Sentral ng Pilipinas
        1. Authority to obtain data and information
        2. Supervision and examination
        3. Bank deposits and investments
        4. Prohibitions
        5. Examination and fees
      6. Monetary Board; powers and functions
      7. How the Bangko Sentral ng Pilipinas handles banks in distress
        1. Conservatorship
        2. Closure
        3. Receivership
        4. Liquidation
      8. Administrative sanctions on supervised entities
      9. Rules on bank deposits and investments by directors, officers, stockholders and their related interests
      10. Supervision and regulation of bank operations
        1. Loans and other credit accommodations
        2. Selective regulation
          1. Margin requirements against letters of credit
          2. Required security against bank loans
          3. Portfolio ceilings iv. Minimum capital ratios
      11. Rate of exchange
    2. Law on the secrecy of bank deposits
      1. Purpose
      2. Prohibited acts
      3. Deposits covered
      4. Exceptions
      5. Garnishment of deposits, including foreign deposits
      6. Penalties for violation
    3. General Banking Act
      1. Definition and classification of banks
      2. The distinction of banks from quasi-banks and trust entities
      3. Bank powers and liabilities
        1. Corporate powers
        2. Banking and incidental powers
      4. The diligence required of banks in view of the fiduciary nature of banking
      5. Nature of bank funds and bank deposits
      6. Grant of loans and security requirements
        1. The ratio of net worth to total risk assets
        2. Single borrower’s limit
        3. Restrictions on bank exposure to directors, officers, stockholders, and their related interests
        4. Prohibited acts of borrowers
        5. Floating interest rates and escalation clauses
      7. Penalties for violations
        1. Fine, imprisonment
        2. Suspension or removal of director or officer
        3. Dissolution of bank
    4. Philippine Deposit Insurance Corporation Act
      1. Basic policy
      2. Powers and functions of the Philippine Deposit Insurance Corporation; prohibitions
      3. Concept of insured deposits
      4. Liability to depositors
        1. Deposit liabilities required to be insured with the Philippine Deposit Insurance Corporation
        2. Commencement of liability
        3. Deposit accounts not entitled to payment
        4. Extent of liability
        5. Determination of insured deposits
        6. Calculation of liability
          1. Per depositor, per capacity rule
          2. Joint accounts
          3. Mode of payment
          4. Effect of payment of insured deposits
          5. Payment of insured deposits as preferred credit
          6. Failure to settle the claim of the insured depositor
          7. Failure of the depositor to claim insured deposits
            1. Examination of banks and deposit accounts
            2. Prohibition against splitting of deposits
            3. Prohibition against issuances of temporary restraining orders
      5. Concept of bank resolution
      6. Role of the Philippine Deposit Insurance Corporation in relation to banks in distress
        1. Closure and takeover
        2. Conservatorship
        3. Receivership
        4. Liquidation
  7. Intellectual property

    1. Intellectual property rights in general
      1. Intellectual property rights
      2. Differences between copyright, trademarks, and patents
      3. Technology transfer arrangement
    2. Patents
      1. Patentable invention
      2. Non-patentable invention
      3. Ownership of a patent
        1. Right to a patent
        2. First-to-file rule
        3. Invention created pursuant to a commission
        4. Right of priority
      4. Grounds for cancellation of a patent
      5. Remedy of the true and actual inventor
      6. Rights conferred by a patent
      7. Limitations of patent rights
        1. Prior user
        2. Use by the government
      8. Patent infringement
        1. Tests in patent infringement
          1. Literal infringement
          2. Doctrine of equivalents
        2. Civil and criminal action
        3. Prescriptive period
        4. Defenses in action for infringement
      9. Licensing
        1. Voluntary
        2. Compulsory
      10. Assignment and transmission of rights
    3. Trademarks
      1. Definitions of marks, collective marks, and trade names
      2. Acquisition of ownership of the mark
      3. Acquisition of ownership of trade name
      4. Non-registrable marks
      5. Prior use of the mark as a requirement
      6. Tests to determine the confusing similarity between marks
        1. Dominancy test
        2. Holistic test
        3. Idem sonans
      7. Well-known marks
      8. Rights conferred by registration
      9. Use by third parties of names, etc. similar to a registered mark
      10. Infringement and remedies
        1. Trademark infringement
        2. Damages
        3. Requirement of notice
        4. Penalties
      11. Unfair competition
      12. Registration of marks under the Madrid Protocol
        1. Coverage
        2. Rights conferred
        3. Requirements for registration
        4. Term of protection
    4. Copyright
      1. Basic principles
      2. Copyrightable works
        1. Original works
        2. Derivative works
      3. Non-copyrightable works
      4. Rights of the copyright owner
      5. Rules on ownership of the copyright
      6. Limitations on copyright
        1. Fair use
      7. Copyright infringement
        1. Remedies
        2. Criminal penalties
  8. Special Laws

    1. Secured transactions
      1. Personal Property Securities Act
        1. Definitions and scope
        2. Asset-specific rules
          1. Future property
          2. Rights to proceeds and commingled funds
          3. Tangible assets commingled in a mass
          4. Accounts receivables
        3. Perfection of security interests
        4. Registration
        5. Priority of security interests
        6. Tangible assets; intangible assets
        7. Enforcement of security interests
        8. Prior interests and the transitional period
      2. Real Estate Mortgage Law
        1. Definition and characteristics
          1. Obligations secured by real estate mortgage
          2. The object of real estate mortgage
          3. Right to alienate mortgage credit
          4. Right to alienate collateral
        2. Essential requisites
      3. Guaranty
        1. Nature and extent of guaranty
          1. Obligation secured by a guaranty
          2. Parties to a guaranty
          3. Excussion
          4. Right to protection
          5. Right to indemnification
          6. Right to subrogation
          7. Rights of co-guarantors
        2. Effects of guaranty
        3. Extinguishment of guaranty
        4. Legal and judicial bonds
      4. Surety
        1. Concept
        2. Form of surety
        3. Obligations secured
        4. Surety distinguished from standby letter of credit
        5. Surety distinguished from guaranty
        6. Surety distinguished from joint and solidary obligations
      5. Letters of credit
        1. Definition and purpose
        2. Kinds of letters of credit
        3. Rule of strict compliance
        4. Independence principle
    2. Truth in Lending Act
      1. Purpose
      2. The obligation of creditors to a person to whom credit is extended
      3. Covered and excluded transactions
      4. Consequences of non-compliance with the obligation
    3. Anti-money Laundering Act
      1. The policy of the law
      2. Covered institutions and their obligations
      3. Covered and suspicious transactions
      4. Money laundering; how committed; unlawful activities or predicate crimes
      5. Anti-Money Laundering Council; functions
      6. Safe harbor provision
      7. Application for freeze orders
        1. Who may apply
        2. Effectivity
        3. Duties of covered institutions
      8. Authority to inquire into bank deposits
        1. Forfeiture provisions
        2. Mutual assistance among states
    4. Foreign Investments Act
      1. The policy of the law
      2. Definition of terms
        1. Foreign investment
        2. “Doing business” in the Philippines
        3. Export enterprise
        4. Domestic market enterprise
      3. Registration of investments of non-Philippine nationals
      4. Foreign investments in export enterprises
      5. Foreign investments in domestic market enterprises
      6. Foreign Investment Negative List
    5. Insolvency Laws
      1. Concurrence and preference of credits
        1. Meaning of concurrence and preference
        2. Exempt properties
        3. Classification of credits
        4. Order of preference of credits
      2. Financial Rehabilitation and Insolvency Act of 2010
        1. Definition of insolvency
        2. Suspension of payments
        3. Rehabilitation
          1. Types
          2. Commencement order
          3. Stay or suspension order
          4. Rehabilitation receiver
          5. Management committee
          6. Rehabilitation plan
          7. Cramdown effect
        4. Liquidation
          1. Types
          2. Conversion of rehabilitation to liquidation proceedings
          3. Liquidation order
          4. Rights of secured creditors
          5. Liquidator
          6. Determination of claims
          7. Liquidation of plan
    6. Data Privacy Act of 2012
      1. Definitions and scope
      2. Extraterritorial application
      3. Processing of personal information
        1. General principles
        2. Sensitive and privileged information
        3. Subcontracting
        4. Privileged communication
      4. Rights of the data subject; exceptions/non-applicability
      5. Duties and responsibilities of the personal information controller
    7. Philippine Competition Act
      1. Definitions and Scope of application
      2. Powers and functions of the Philippine Competition Commission
      3. Prohibited acts
        1. Anti-competitive agreements
          1. Per se violations
          2. Not per se violations
        2. Abuse of dominant position
        3. Prohibited mergers and acquisitions
        4. Exceptions
      4. Covered transactions
        1. Thresholds for compulsory notification
        2. Notifying entity
        3. Exceptions
      5. Determining the relevant market
      6. Determining control or dominance of the market
      7. Determining the existence of anti-competitive conduct
      8. Forbearance by the Philippine Competition Commission

List of relevant materials

1. 1987 Constitution

2. Civil Code of the Philippines

on Transportation, Surety, Guaranty, Real Estate Mortgage, and Concurrence and Preference of Credits

3. Laws and Regulations

  • Pres. Decree No. 612 as amended by Rep. Act No. 10607 – The Insurance Code
  • Rep. Act No. 9829 – Pre-Need Code of the Philippines
  • Act No. 2616 – The Salvage Law
  • Commonwealth Act No. 65 (Public Act No. 521) – Carriage of Goods by Sea Act
  • Commonwealth Act No. 146 – Public Service Act
  • Maritime Commerce Law – Relevant provisions of the Code of Commerce
  • Warsaw Convention – Convention for the Unification of Certain Rules Relating to International Carriage By Air
  • Rep. Act No. 10668 – Allowing Foreign Vessels to Transport and Co-Load Foreign Cargoes for Domestic Transshipment
  • Rep. Act No. 11232 – Revised Corporation Code of the Philippines
  • Rep. Act No. 7042 as amended by Rep. Act No. 8179 – Foreign Investments Act of 1991
  • Rep. Act No. 7652 – Investors’ Lease Act
  • Rep. Act No. 7916 as amended by Rep. Act No. 8748 – The Special Economic Zone Act of 1995
  • Exec. Order No. 65, s.2018 – Eleventh Regular Foreign Investment Negative List
  • Rep. Act No. 8799 – The Securities Regulation Code
  • Rep. Act No.1405, as amended – Law on Secrecy of Bank Deposits
  • Rep. Act No. 3591, as amended – Philippine Deposit Insurance Corporation Act
  • Rep. Act No. 3765 – Truth in Lending Act
  • Rep. Act No. 7653 as amended by Rep. Act No. 11211 – The New Central Bank Act
  • Rep. Act No. 8791 – The General Banking Law of 2000
  • Rep. Act No. 9474 as amended by Rep. Act No. 10881 – Lending Company Regulation Act of 2007
  • Rep. Act No. 8293 as amended by: Rep. Act No. 9150, Rep. Act No. 9502, Rep. Act No. 10372 – Intellectual Property Code of the Philippines
  • Rep. Act No. 623 as amended by Rep. Act No. 5700 – Use of Duly-Stamped and Marked Containers
  • IPOPHL Memorandum Circular No. 011-17 – Philippine Regulations Implementing the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 2017
  • Act No. 3135 as amended by Act No. 4118 – Real Estate Mortgage Law
  • Rep. Act No. 9160 as amended by Rep. Act No. 9194 and Rep. Act No. 10365 – Anti-Money Laundering Act of 2000
  • Rep. Act No. 10142 – Financial Rehabilitation and Insolvency Act of 2010
  • Rep. Act No. 10173 and its Implementing Rules and Regulations – Data Privacy Act of 2012
  • Rep. Act No. 11057 and its Implementing Rules and Regulations – Personal Property Security Act
  • Rep. Act No. 10667 and its Implementing Rules and Regulations – Philippine Competition Act

Criminal Law

  1. Principles of Criminal Law

    1. General principles
      1. Mala in se and mala prohibita
      2. Scope and characteristics
        1. Generality
        2. Territoriality
        3. Prospectivity
      3. Pro reo principle
      4. Interpretation of penal laws
      5. Retroactive effect of penal laws
    2. Felonies
      1. Criminal liabilities
        1. Classification of felonies
        2. Aberratio ictus, error in personae, and praeter intentionem
        3. Impossible crimes
        4. Stages of execution
        5. Continuing crimes
        6. Complex crimes and composite crimes
      2. Circumstances affecting criminal liability
        1. Justifying circumstances
        2. Exempting circumstances
        3. Mitigating circumstances
        4. Aggravating circumstances
        5. Alternative circumstances
        6. Absolutory causes
      3. Persons liable and degree of participation
        1. Principals, accomplices, and accessories
        2. Conspiracy and proposal
        3. Multiple offenders
          1. Recidivism
          2. Habituality
          3. Quasi-recidivism
          4. Habitual delinquency
      4. Penalties
        1. Imposable penalties
        2. Classification
        3. Duration and effects
        4. Application
          1. Subsidiary imprisonment
          2. Include: Indeterminate Sentence Law
        5. Graduation of penalties
        6. Accessory penalties
      5. Execution and service
        1. Three-fold rule
        2. Probation Law
        3. Juvenile Justice and Welfare Act
        4. Republic Act No. 10951
      6. Extinction of criminal liability a. Republic Act No. 10592
      7. Civil liability in criminal cases
  2. Crimes under the Revised Penal Code

    1. Crimes against national security and laws of nations
    2. Crimes against the fundamental law of the State
    3. Crimes against public order
    4. Crimes against public interest
    5. Crimes against public morals
    6. Crimes committed by public officers
    7. Crimes against persons
    8. Crimes against personal liberty and security
    9. Crimes against property
    10. Crimes against chastity
    11. Crimes against the civil status of persons
    12. Crimes against honor
    13. Quasi-offenses
  3. Special Penal Laws

    1. Anti-Camapping Act
    2. Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994
    3. Fisheries Code
    4. Anti-Fencing Law of 1979
    5. Bouncing Checks Law
    6. Swindling by Syndicate
    7. Migrant Workers and Overseas Filipinos Act of 1995
    8. Anti-Illegal Numbers Games Law
    9. Comprehensive Firearms and Ammunition Regulation Act
    10. Anti-Hazing Act of 2018
    11. Comprehensive Dangerous Drugs Act of 2002
    12. Code of Conduct and Ethical Standards for Public Officials and Employees
    13. Anti-Graft and Corrupt Practices Act
    14. Anti-Plunder Act
    15. Anti-Money Laundering Act of 2001
    16. Obstruction of Justice Law
    17. Anti-Torture Act of 2009
    18. Human Security Act of 2007
    19. The Terrorism Financing Prevention and Suppression Act of 2012
    20. Anti-Wire Tapping Act
    21. Cybercrime Prevention Act of2012
    22. Anti-Child Pornography Act of 2009
    23. Anti-Photo and Video Voyeurism Act of2009
    24. Anti-Sexual Harassment Act of 1995
    25. Anti-Trafficking in Persons Act of 2003
    26. Anti-Violence Against Women and their Children Act of 2004
    27. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act
    28. Safe Spaces Act
    29. Data Privacy Act

List of relevant materials

1. Revised Penal Code – Book 1

2. Special Penal Laws

  • Act No. 4103 as amended by Rep. Act No. 4203 – Indeterminate Sentence Law
  • Pres. Decree No. 968 as amended by Pres. Decree No. 1257, B.P. Big. 76, Pres. Decree No. 1990, and Rep. Act No. 10707 – Probation Law
  • Pres. Decree No. 1829, sec. 1 – Obstruction of Justice Law
  • Rep. Act No. 10883 – New Anti-Carnapping Act of 2016
  • Rep. Act No. 7832 – Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994
  • Rep. Act No. 8550 as amended by Rep. Act No. 10654, sec. 17 – Fisheries Code
  • Pres. Decree No. 1612, secs. 2-6 – Anti-Fencing Law of 1979
  • B.P. Big. 22 – Bouncing Checks Law
  • Pres. Decree No. 1689 – Swindling by Syndicate
  • Rep. Act No. 8042, secs. 6, 7 & 12 as amended by Rep. Act No. 10022, secs. 5 & 6 – Migrant Workers and Overseas Filipinos Act of 1995
  • Pres. Decree No. 1602 as amended by Rep. Act No. 9287 – Anti-Illegal Numbers Games Law
  • Rep. Act No. 6713 – Code of Conduct and Ethical Standards for  Public Officials and Employees
  • Rep. Act No. 3019 as amended by Rep. Act No. 3047, Pres. Decree No. 677, Pres. Decree No. 1288, B.P. Big. 195, and Rep. Act No. 10910 – Anti-Graft and Corrupt Practices Act
  • Rep. Act No. 7080, secs. 1, 2 & 6 as amended by Rep. Act No. 7659 – Anti-Plunder Act
  • Rep. Act No. 9160 – Anti-Money Laundering Act
  • Rep. Act No. 7610, secs. 3(a), 5 & 10 as amended by Rep. Act No. 7658 and Rep. Act No. 9231 – Special Protection of Children Against Abuse, Exploitation, and Discrimination Act
  • Rep. Act No. 7877, sec. 3 – Anti-Sexual Harassment Act of 1995
  • Rep. Act No. 8049, secs. 2 & 3 as amended by Rep. Act No. 11053 – Anti-Hazing Act of 2018
  • Rep. Act No. 9165, secs. 5, 11, 15, 21, & 23 as amended by Rep. Act No. 10640  – Comprehensive Dangerous Drugs Act of 2002
  • Rep. Act No. 9208, secs. 3-12 as amended by Rep. Act No. 10364 – Anti-Trafficking in Persons Act of 2003
  • Rep. Act No. 9262, secs. 3, 5 & 26 – Anti-Violence Against Women and their Children Act of 2004
  • Rep. Act No. 9344 as amended by Rep. Act No. 10630 – Juvenile Justice and Welfare Act
  • Rep. Act No. 93 72, secs. 3-6 – Human Security Act of 2007
  • Rep. Act No. 10168 – The Terrorism Financing Prevention and Suppression Act of 2012
  • Rep. Act No. 4200, secs. 1-4 – Anti-Wire Tapping Act
  • Rep. Act No. 9775, secs. 3(a)(b)(c), 4 & 5  – Anti-Child Pornography Act of 2009
  • Rep. Act No. 9995, secs. 3(a)(b)(d)(f) & 4 – Anti-Photo and Video Voyeurism Act of 2009
  • Rep. Act No. 10159 – An Act Amending Article 39 of the Revised Penal Code
  • Rep. Act No. 10175 – Cybercrime Prevention Act of 2012
  • Rep. Act No. 10591, secs. 28 & 29 – Comprehensive Firearms and Ammunition Regulation Act
  • Rep. Act No. 10592 – An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, As Amended, Otherwise Known As The Revised Penal Code
  • Rep. Act No. 10951 – An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed under The Revised Penal Code, amending for the purpose Act No. 3815, otherwise known as “The Revised Penal Code”, as amended
  • Rep. Act No. 11313, secs. 4-25 – Safe Spaces Act
  • Rep. Act No. 10173 – Data Privacy Act of 2012

Remedial Law

  1. General Principles

    1. Distinguish: substantive law and remedial law
    2. Rule-making power of the Supreme Court
      1. Limitations on the rule-making power of the Supreme Court
      2. Power of the Supreme Court to amend and suspend procedural rules
    3. Nature of Philippine courts
      1. Meaning of a court
      2. Distinguish: court and judge
      3. Classification of Philippine courts
      4. Courts of original and appellate jurisdiction
      5. Courts of general and special jurisdiction
      6. Constitutional and statutory courts
      7. Courts of law and equity
      8. Principle of the judicial hierarchy
      9. The doctrine of non-interference or doctrine of judicial stability
  2. Jurisdiction

    1. Classification of jurisdiction
      1. Distinguish: original and appellate
      2. Distinguish: general and special
      3. Distinguish: exclusive and concurrent
    2. Doctrines of the hierarchy of courts and continuity of jurisdiction
    3. Jurisdiction of various Philippine courts
      1. Supreme Court
      2. Court of Appeals
      3. Court of Tax Appeals
      4. Sandiganbayan
      5. Regional Trial Courts
      6. Family Courts
      7. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts
    4. Aspects of jurisdiction
      1. Jurisdiction over the parties
        1. How jurisdiction over the plaintiff is acquired
        2. How jurisdiction over the defendant is acquired
      2. Jurisdiction over the subject matter
        1. Meaning of jurisdiction over the subject matter
        2. Distinguish: jurisdiction and exercise of jurisdiction
        3. How jurisdiction is conferred and determined
        4. Distinguish: the doctrine of primary administrative jurisdiction and doctrine of exhaustion of administrative remedies
        5. The doctrine of adherence of jurisdiction
        6. Objections to jurisdiction over the subject matter
        7. Effect of estoppel on objection to jurisdiction
      3. Jurisdiction over the issues
      4. Jurisdiction over the res or property in litigation
      5. Jurisdiction over the remedies
    5. Distinguish: error of jurisdiction and error of judgment
    6. Distinguish: jurisdiction and venue
    7. Jurisdiction over small claims, cases covered by the rules on Summary Procedure and Barangay Conciliation
    8. How jurisdiction is determined
  3. Civil Procedure

    1. General Provisions
    2. Actions
      1. Meaning of ordinary civil actions
      2. Meaning of special civil actions
      3. Meaning of criminal actions
      4. Distinguish: civil actions and special proceedings
      5. Personal actions and real actions
      6. Local and transitory actions
      7. Actions in rem, in personam and quasi in rem
    3. Cause of Action
      1. Meaning of cause of action
      2. Distinguish: right of action and cause of action
      3. Distinguish: failure to state a cause of action and lack of cause of action
      4. Test of the sufficiency of a cause of action
      5. Splitting a single cause of action and its effects
      6. Joinder and misjoinder of causes of action
    4. Parties to Civil Actions
      1. Real parties in interest; indispensable parties; representatives as parties; necessary parties; indigent Parties; alternative defendants
      2. Compulsory and permissive joinder of parties
      3. Misjoinder and non-joinder of parties
      4. Class suit
      5. Suits against entities without juridical personality
      6. Effect of death of party litigant
    5. Venue
      1. Venue of real actions
      2. Venue of personal actions
      3. Venue of actions against non-residents
      4. When the rules on venue do not apply
      5. Effects of stipulations on the venue
    6. Pleadings
      1. Kinds of pleadings and when they should be filed
        1. Complaint
        2. Answer
          1. Negative defenses
          2. Negative pregnant
        3. Counterclaims
          1. Compulsory counterclaim
          2. Permissive counterclaim
          3. Effect on the counterclaim when the complaint is dismissed
        4. Cross-claims
        5. Third (fourth, etc.) party complaints
        6. Complaint-in-intervention
        7. Reply
        8. Extensions of time to file
      2. Pleadings allowed in small claims cases and cases covered by the Rules on Summary Procedure
      3. Parts and contents of a pleading
        1. Caption
        2. Signature and address
        3. Verification
        4. Certification against forum shopping
        5. Contents of a pleading
      4. Allegations in a pleading
        1. Manner of making allegations
          1. Condition precedent
          2. Fraud, mistake, malice, intent, knowledge, and other condition of the mind, judgments, official documents
        2. Pleading an actionable document
        3. Specific denials
          1. Effect of failure to make specific denials
          2. When a specific denial requires an oath
        4. Affirmative defenses
      5. Effect of failure to plead
        1. Failure to plead defenses and objections
        2. Failure to plead a compulsory counterclaim and cross-claim
      6. Default
        1. When a declaration of default is proper
        2. Effect of an order of default
        3. Relief from an order of default
        4. Effect of a partial default
        5. Extent of relief
        6. Actions where default are not allowed
      7. Filing and service of pleadings
        1. Payment of docket fees
        2. Distinguish: filing and service of pleadings
        3. Periods of filing of pleadings
        4. Manner of filing
          1. Personal filing
          2. Filing by registered mail
          3. Filing by accredited courier
          4. Transmittal by electronic mail or other electronic means
        5. Modes of service
          1. Personal service
          2. Service by registered mail
          3. Service by accredited courier
          4. Service by electronic mail, facsimile transmission, or other electronic means
          5. Service as provided for in international conventions
        6. Service of judgments, final orders, or resolutions; service of court-issued orders and other documents
        7. Conventional service or filing of orders, pleadings, and other documents
        8. When service is deemed complete
        9. Proof of filing and service
      8. Amendment
        1. Amendment as a matter of right
        2. Amendments by leave of court
        3. Formal amendment
        4. Effect of the amended pleading
        5. Supplemental pleadings
    7. Summons
      1. Nature and purpose of the summons
        1. In relation to actions in personam, in rem and quasi in rem
        2. When summons are issued
        3. Contents of summons
        4. Duty of counsel
        5. Return
      2. Voluntary appearance
      3. Who may serve summons
      4. Personal service
      5. Substituted service
      6. Constructive service
        1. Service upon a defendant where his identity is unknown or where his whereabouts are unknown
        2. Service upon residents temporarily outside the Philippines
      7. Extraterritorial service, when allowed
      8. Service upon prisoners and minors; upon spouses
      9. Service upon domestic or foreign private juridical entities
      10. Proof of service
    8. Motions
      1. Motions in general
        1. Definition of a motion
        2. Distinguish: motions and pleadings
        3. Contents and form of motions
        4. Litigious and non-litigious motions; when notice of hearing necessary
        5. Omnibus motion rule
        6. Prohibited motions
      2. Motions for Bill of Particulars
        1. Purpose and when applied for
        2. Actions of the court
        3. Compliance with the order and effect of noncompliance
        4. Effect on the period to file a responsive pleading
    9. Dismissal of Actions
      1. Dismissal with prejudice
      2. Dismissal upon notice by plaintiff
      3. Dismissal upon motion by the plaintiff; effect on the existing counterclaim
      4. Dismissal due to the fault of the plaintiff
      5. Dismissal of counterclaim, cross-claim, or third-party complaint
    10. Pre-trial
      1. Concept of pre-trial
      2. Nature and purpose
      3. Notice of pre-trial
      4. The appearance of parties; effect of failure to appear
      5. Pre-trial brief; effect of failure to appear
      6. Pre-trial order
      7. Distinguish: pre-trial in civil cases and pre-trial in criminal cases
    11. Interventions
      1. Requisites for intervention
      2. Time to intervene
      3. Remedy for the denial of a motion to intervene
    12. Subpoena
      1. Subpoena duces tecum
      2. Subpoena ad testificandum
      3. Service of subpoena
      4. Compelling attendance of witnesses; contempt
      5. Quashing of subpoena
    13. Computation of Time
    14. Modes of Discovery
      1. Depositions pending action; depositions before action or pending appeal
        1. Meaning of deposition
        2. Uses; scope of examination
        3. When may objections to admissibility be made
        4. When may taking of deposition be terminated or its scope limited
      2. Written interrogatories to adverse parties
        1. Consequences of refusal to answer
        2. Effect of failure to serve written interrogatories
      3. Request for admission
        1. Implied admission by the adverse party
        2. Consequences of failure to answer a request for admission
        3. Effect of admission
        4. Effect of failure to file and serve a request for admission
      4. Production or inspection of documents or things
      5. Physical and mental examination of persons
      6. Consequences of refusal to comply with modes of discovery
    15. Trial
      1. Adjournments and postponements
      2. Requisites of motion to postpone the trial
        1. For the absence of evidence
        2. For illness of party or counsel
      3. An agreed statement of facts
      4. Order of trial; reversal of order
      5. Consolidation or severance of hearing or trial
      6. Delegation of reception of evidence
      7. Trial by commissioners
        1. Reference by consent or ordered on motion
        2. Powers of the commissioner
        3. Commissioner’s report; notice to parties and hearing on the report
    16. Demurrer to Evidence
      1. Ground
      2. Effect of denial
      3. Effect of grant
      4. Waiver of right to present evidence
      5. Action on demurrer to evidence
      6. Distinguish: demurrer to evidence in a civil case and demurrer to evidence in a criminal case
    17. Judgments and Final Orders
      1. Judgment after pre-trial
      2. Judgment without trial
      3. Judgment on the pleadings
      4. Summary judgments
        1. For the claimant
        2. For the defendant
        3. When the case not fully adjudicated
        4. Affidavits and attachments
      5. Distinguish: judgment on the pleadings and summary judgments
      6. Contents of a judgment
      7. Rendition of judgments and final orders
      8. Entry of judgment and final order
    18. Post-judgment Remedies
      1. Motion for a new trial or reconsideration
        1. Grounds
        2. When to file
        3. Denial of the motion; effect
        4. Grant of the motion; effect
        5. Remedy when motion is denied, fresh 15-day period rule
      2. Appeals in general
        1. Judgments and final orders subject to appeal
        2. Matters not appealable
        3. Remedy against judgments and orders which are not appealable
        4. Modes of appeal
          1. Ordinary appeal
          2. Petition for review
          3. Petition for review on certiorari
        5. Issues to be raised on appeal
        6. Period of appeal
        7. Perfection of appeal
        8. Appeal from judgments or final orders of the Metropolitan Trial Courts/Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Courts
        9. Appeal from judgments or final orders of the Regional Trial Courts
        10. Appeal from judgments or final orders of the Court of Appeals
        11. Appeal from judgments or final orders of the Sandiganbayan
        12. Appeal from judgments or final orders of the Court of Tax Appeals
        13. Review of final judgments or final orders of the Commission on Audit
        14. Review of final judgments or final orders of the Commission on Elections
        15. Review of final judgments or final orders of the Civil Service Commission
        16. Review of final judgments or final orders of the Ombudsman
        17. Review of final judgments or final orders of the National Labor Relations Commission
        18. Review of final judgments or final orders of quasi-judicial agencies
      3. Relief from judgments, orders, and other proceedings
        1. Grounds for availing of the remedy
        2. Time to file a petition
        3. Contents of petition
      4. Annulment of Judgments or final orders and resolutions
        1. Grounds for annulment
        2. Period to file action
        3. Effects of the judgment of annulment
      5. Collateral attack of judgments
    19. Execution, satisfaction, and effect of Judgments
      1. Difference between the finality of judgment for purposes of appeal; for purposes of execution
      2. When execution shall issue
        1. Execution as a matter of right
        2. Discretionary execution
      3. How a judgment is executed
        1. Execution by motion or by independent action
        2. Issuance and contents of a writ of execution
        3. Execution of judgments for money
        4. Execution of judgments for specific acts
        5. Execution of special judgments
        6. Effect of levy on third persons
      4. Properties exempt from execution
      5. Proceedings where the property is claimed by third persons; in relation to third party claim in attachment and replevin
      6. Rules on redemption
      7. Examination of judgment obligor when judgment is unsatisfied
      8. Examination of the obligor of the judgment obligor
      9. Effect of judgment or final orders
      10. Enforcement and effect of foreign judgments or final orders
  4. Provisional Remedies

    1. Nature and Purpose
    2. Jurisdiction over Provisional Remedies
    3. Preliminary attachment
      1. Grounds for issuance of a writ of attachment
      2. Requisites
      3. Issuance and contents of the order of attachment; affidavit and bond
      4. Rule on prior or contemporaneous service of summons
      5. Manner of attaching real and personal property; when property attached is claimed by third person
      6. Discharge of attachment and the counter-bond
      7. Satisfaction of judgment out of property attached
      8. Compared with garnishment and levy on execution
    4. Preliminary Injunction
      1. Definitions and differences: preliminary injunction, temporary restraining order, and status quo ante order
      2. Requisites
      3. Kinds of injunctions; kinds of temporary restraining orders
      4. When writ may be issued, when writ may not be issued
      5. Grounds for issuance of a preliminary injunction
      6. Grounds for objection to, or for the dissolution of injunction or restraining order
      7. Duration of temporary restraining orders
      8. Rule on prior or contemporaneous service of summons in relation to attachment
    5. Receivership
      1. Cases when the receiver may be appointed
      2. Requisites
      3. Requirements before issuance of an order
      4. General powers of a receiver
      5. Two kinds of bonds
      6. Termination of receivership
    6. Replevin
      1. When may writ be issued
      2. Requisites
      3. Affidavit and bond; redelivery bond
      4. Sheriffs duty in the implementation of the writ; when the property is claimed by the third party
    7. Provisional Remedies and Interim Reliefs under Special Laws and Rules
      1. Provisional remedies of the Family Courts
      2. Human Security Act
      3. Anti-Violence against Women and Children Act
      4. Anti-Money Laundering Act
      5. Financial Rehabilitation and Insolvency Act
      6. Precautionary Hold Departure Orders
  5. Special Civil Actions

    1. Nature of Special Civil Actions
    2. Distinguish: Ordinary Civil Actions and Special Civil Actions
    3. Jurisdiction and Venue
    4. Interpleader
      1. Requisites for interpleader
      2. When to file
      3. Dismissal
    5. Declaratory Reliefs and Similar Remedies
      1. Who may file action
      2. Requisites of action for declaratory relief
      3. When court may refuse to make a judicial declaration
      4. Conversion to ordinary action
      5. Proceedings considered as similar remedies
        1. Reformation of an instrument
        2. Consolidation of ownership
        3. Quieting of title to real property
    6. Review of Judgments and Final Orders or Resolution of the Commission on Audit
      1. Distinctions in the application of Rule 65 to judgments of the Commission on Elections and Commission on Audit and the application of Rule 65 to other tribunals, persons, and officers
    7. Certiorari, Prohibition, and Mandamus
      1. Definitions and distinctions
      2. Requisites
      3. When a petition for certiorari, prohibition, and mandamus is proper
      4. Injunctive relief
      5. Distinguish: certiorari, an appeal by certiorari, and Article VIII, Section 1 of the Constitution
      6. Distinguish: prohibition, mandamus, and injunction
      7. When and where to file a petition
      8. Exceptions to the filing of a motion for reconsideration before filing a petition
      9. Reliefs petitioner is entitled to
      10. Acts or omissions of first-level/Regional Trial Courts in election cases
      11. Where to file a petition
      12. Effects of filing of an unmeritorious petition
    8. Quo warranto
      1. Distinguish: quo warranto under the Rules of Court and quo warranto under the Omnibus Election Code
      2. When government commences an action against individuals or associations
      3. When an individual may commence an action
      4. Judgment in quo warranto action
      5. Rights of a person adjudged entitled to public office
      6. Limitations
    9. Expropriation
      1. Matters to allege in the complaint about expropriation
      2. Two stages in every action for expropriation
      3. When the plaintiff can immediately enter into possession of the real property
      4. A new system of immediate payment of initial just compensation
      5. Defenses and objections
      6. Order of expropriation
      7. Ascertainment of just compensation
      8. Appointment of commissioners; commissioner’s report; court action upon commissioner’s report
      9. Rights of the plaintiff upon judgment and payment
      10. Effect of recording of the judgment
    10. Foreclosure of Real Estate Mortgage
      1. Kinds of foreclosure
        1. Judicial foreclosure
        2. Extrajudicial foreclosure
      2. Need for special power of attorney
      3. Authority to foreclose extrajudicially
      4. Procedure
        1. Where to file
        2. Where to sell
        3. Posting requirement
        4. Publication requirement
          1. Sufficiency of newspaper publication
          2. Need for republication in case of postponement
          3. Personal notice to the mortgagor when and when not needed
      5. Possession by purchaser of foreclosed property
      6. Remedy of debtor if foreclosure is not proper
      7. Redemption
        1. Who may redeem
        2. Amount of redemption price
        3. Period for redemption
        4. Effect of pendency of an action for annulment of the sale
      8. Writ of possession
        1. Ministerial duty of the court
        2. Enforcement against third parties
        3. Pendency of action for annulment of the sale
      9. Annulment of sale
    11. Partition
      1. Who may file a complaint; who should be made defendants
      2. Matters to allege in the complaint about partition
      3. Two stages in every action for partition
      4. Order of partition and partition by agreement
      5. Partition by commissioners; appointment of commissioners, commissioner’s report; court action upon commissioner’s report
      6. Judgment and its effects
      7. Partition of personal property
      8. Prescription of action
      9. When the partition is not allowed
    12. Forcible Entry and Unlawful Detainer
      1. Definitions and distinction
      2. Distinguish: forcible entry, unlawful detainer, accion publiciana, and accion reivindicatoria
      3. Jurisdiction in acción publiciana and accion reivindicatoria
      4. Who may institute the action and when; against whom the action may be maintained
      5. Pleadings allowed
      6. Action on the complaint
      7. When demand is necessary
      8. Preliminary injunction and preliminary mandatory injunction
      9. Resolving defense of ownership
      10. How to stay the immediate execution of judgment
      11. Prohibited pleadings and motions
    13. Contempt
      1. Kinds of contempt
      2. Purpose and nature of each
      3. Remedy against direct contempt; penalty
      4. Remedy against indirect contempt; penalty
      5. How contempt proceedings are commenced
      6. Acts deemed punishable as indirect contempt
      7. When imprisonment shall be imposed
      8. Contempt against quasi-judicial bodies
  6. Special Proceedings

    1. Settlement of Estate of Deceased Persons, Venue, and Process
      1. Which court has jurisdiction
      2. Venue in judicial settlement of the estate
      3. The extent of jurisdiction of probate court
      4. Powers and duties of probate court
    2. Summary Settlement of Estates
      1. Extrajudicial settlement by agreement between heirs, when allowed
      2. Two-year prescriptive period
      3. Affidavit of self-adjudication by the sole heir
      4. Summary settlement of estates of small value, when allowed
      5. Remedies of aggrieved parties after extra-judicial settlement of the estate
    3. Production and Probate of Will
      1. Nature of probate proceeding
      2. Who may petition for probate; persons entitled to notice
    4. Allowance or Disallowance of Will
      1. Contents of petition for allowance of the will
      2. Grounds for disallowing a will
      3. Reprobate; requisites before will prove outside allowed in the Philippines; effects of probate
    5. Letters Testamentary and of Administration
      1. When and to whom letters of administration granted
      2. Order of preference
      3. Opposition to the issuance of letters testamentary; simultaneous filing of a petition for administration
      4. Powers and duties of executors and administrators; restrictions on the powers
      5. Appointment of a special administrator
      6. Grounds for removal of administrator
    6. Claims against the Estate
      1. Time within which claims shall be filed; exceptions
      2. Statute of non-claims
      3. The claim of executor or administrator against the estate
      4. Payment of debts
    7. Actions by and against Executors and Administrators
      1. Actions that may be brought against executors and administrators
      2. Requisites before a creditor may bring an action for recovery of property fraudulently conveyed by the deceased
    8. Distribution and Partition
      1. Liquidation
      2. Project of partition
      3. Remedy of an heir entitled to residue but not given his share
      4. Instances when probate court may issue a writ of execution
    9. Trustees
      1. Distinguish: trustee and executor/administrator
      2. Conditions of the bond
      3. Requisites for the removal and resignation of a trustee
      4. Grounds for removal and resignation of a trustee
      5. The extent of the authority of the trustee
    10. Escheat
      1. When to file
      2. Requisites for filing of the petition
      3. Remedy of respondent against petition; a period for filing a claim
    11. Guardianship
      1. Venue
      2. Appointment of guardians
      3. General powers and duties of guardians
      4. Termination of guardianship
    12. Adoption
      1. Distinguish domestic adoption from inter-country adoption
      2. Domestic adoption
        1. Effects of adoption
        2. Instances when adoption may be rescinded
        3. Effects of rescission of adoption
      3. Inter-country adoption
        1. When allowed
        2. Functions of the Regional Trial Court
        3. “Best interest of the child” standard
    13. Writ of Habeas Corpus
      1. Contents of the petition
      2. Contents of the return
      3. Peremptory writ and preliminary citation
      4. When not proper or applicable
      5. When writ disallowed or discharged
      6. Distinguish: writ of habeas corpus, writ of amparo, and writ of habeas data
      7. Writ of habeas corpus in relation to custody of minors
    14. Writ Of Amparo
      1. Coverage
      2. Differences between amparo and search warrant
      3. Who may file
      4. Contents of return
      5. Effects of failure to file a return
      6. Omnibus waiver rule
      7. Procedure for hearing
      8. Institution of separate action
      9. Effect of filing of a criminal action
      10. Consolidation
      11. Interim reliefs available to petitioner and respondent
      12. Quantum of proof in an application for issuance of a writ of amparo
    15. Writ of Habeas Data
      1. Scope of writ
      2. Availability of writ
      3. Who may file
      4. Contents of the petition
      5. Contents of return
      6. Instances when petition be heard in chambers
      7. Consolidation
      8. Effect of filing of a criminal action
      9. Institution of separate action
      10. Quantum of proof in an application for issuance of a writ of habeas data
    16. Change of Name
      1. Differences under Rule 103, Republic Act No. 9048, and Rule 108
      2. Grounds for change of name
    17. Absentees
      1. Purpose of the rule
      2. Who may file; when to file
    18. Cancellation or Correction of Entries in the Civil Registry
      1. Entries subject to cancellation or correction under Rule 108, in relation to Republic Act No. 9048
    19. Appeals in Special Proceeding
      1. Judgments and orders for which appeal may be taken
      2. When to appeal
      3. Modes of appeal
      4. Rule on advance distribution
  7. Criminal Procedure

    1. General Matters
      1. Distinguish jurisdiction over the subject matter from jurisdiction over the person of the accused
      2. Requisites for the exercise of criminal jurisdiction
      3. Jurisdiction of criminal courts
      4. When injunction may be issued to restrain a criminal prosecution
    2. Prosecution of Offenses
      1. Criminal actions, how instituted
      2. Who may file them, crimes that cannot be prosecuted de oficio
      3. Criminal actions, when enjoined
      4. Control of prosecution
      5. Sufficiency of complaint or information
      6. Designation of offense
      7. Cause of the accusation
      8. Duplicity of the offense; exception
      9. Amendment or substitution of complaint or information
      10. Venue of criminal actions
      11. The intervention of the offended party
    3. Prosecution of Civil Action
      1. Rule on the implied institution of a civil action with criminal action
      2. When civil action may proceed independently
      3. When a separate civil action is suspended
      4. Effect of the death of accused or convict on civil action
      5. Prejudicial question
      6. Rule on filing fees in civil action deemed instituted with the criminal action
    4. Preliminary Investigation
      1. Nature of right
      2. Purposes of preliminary investigation
      3. Who may conduct a determination of the existence of probable cause
        1. Distinguish: executive and judicial determination of the probable cause
      4. Resolution of investigation prosecutor
      5. Review
      6. When warrant of arrest may issue
      7. Cases not requiring a preliminary investigation
      8. Remedies of accused if there was no preliminary investigation
      9. Inquest
    5. Arrest
      1. Arrest, how made
      2. Arrest without a warrant, when lawful
      3. Method of arrest
        1. By officer with a warrant
        2. By officer without warrant
        3. By private person
      4. Requisites of a valid warrant of arrest
      5. Determination of probable cause for the issuance of a warrant of arrest
    6. Bail
      1. Nature
      2. When a matter of right; exceptions
      3. When a matter of discretion
      4. Hearing of application for bail in capital offenses
      5. Guidelines in fixing the amount of bail
      6. Bail when not required
      7. Increase or reduction of bail
      8. Forfeiture and cancellation of bail
      9. Application not a bar to objections in an illegal arrest, lack of or irregular preliminary investigation
    7. Arraignment and Plea
      1. How made
      2. When should a plea of not guilty be entered
      3. When may accused enter a plea of guilty to a lesser offense
      4. Accused pleaded guilty to a capital offense, what the court should do
      5. Searching inquiry
      6. Improvident plea
    8. Motion to Quash
      1. Grounds
      2. Distinguish from demurrer to evidence
      3. Effects of sustaining the motion to quash
      4. The exception to the rule that sustaining the motion is not a bar to another prosecution
      5. Double jeopardy
      6. Provisional dismissal
    9. Pre-trial
      1. Matters to be considered during pre-trial
      2. What the court should do when the prosecution and offended party agree to the plea offered by the accused
      3. Pre-trial agreement
      4. Non-appearance during pre-trial
      5. Pre-trial order
    10. Trial
      1. Instances when the presence of the accused is required by law
      2. Requisite before trial can be suspended on account of absence of witnesses
      3. Trial in absentia
      4. Remedy when accused is not brought to trial within the prescribed period
      5. Requisites for discharge of accused to become a state witness
      6. Effects of discharge of accused as state witness
      7. Demurrer to evidence
      8. Guidelines on continuous trial
        1. Applicability
        2. Prohibited and meritorious motions
        3. Arraignment and pre-trial
        4. Trial; memoranda
        5. Promulgation
    11. Judgment
      1. Requisites of a judgment
      2. Contents of judgment
      3. Promulgation of judgment; instances of promulgation of judgment / in absentia
      4. Instances when the judgment becomes final
    12. New Trial or Reconsideration
      1. Grounds for a new trial
      2. Grounds for reconsideration
      3. Requisites before a new trial may be granted on the ground of newly discovered evidence
      4. Effects of granting a new trial or reconsideration
    13. Appeal
      1. Effect of an appeal
      2. Where to appeal
      3. How appeal taken
      4. Effect of appeal by any of several accused
      5. Grounds for dismissal of the appeal
    14. Search and Seizure
      1. Nature of search warrant
      2. Distinguish from a warrant of arrest
      3. Application for a search warrant, where filed
      4. Probable cause for the issuance of a search warrant
      5. Personal examination by judge of the applicant and witnesses
      6. The particularity of place to be searched and things to be seized
      7. Personal property to be seized
      8. Exceptions to the search warrant requirement
        1. Search incidental to a lawful arrest
        2. Consented search
        3. A search of moving vehicle
        4. Checkpoints; body checks in the airport
        5. Plain view situation
        6. Stop and frisk situation
        7. Enforcement of custom laws
      9. Remedies from unlawful search and seizure
      10. Cybercrime warrants
        1. Scope and applicability
        2. General provisions
        3. Preservation of computer data
        4. Disclosure of computer data
        5. Interception of computer data
        6. Search, seizure, and examination of computer data
        7. Custody of computer data
        8. Destruction of computer data
    15. Provisional Remedies in Criminal Cases
  8. Evidence

    1. General Principles
      1. Concept of evidence
      2. Scope of the rules of evidence
      3. Distinguish: proof and evidence
      4. Distinguish:/actum probans and factum probandum
      5. Admissibility of evidence
        1. Requisites for admissibility of evidence; exclusions under the Constitution, laws, and the Rules of Court
        2. Relevance of evidence and collateral matters
        3. Multiple admissibilities
        4. Conditional admissibility
        5. Curative admissibility
        6. Direct and circumstantial evidence
        7. Positive and negative evidence
        8. Competent and credible evidence
      6. The burden of proof and burden of evidence
      7. Presumptions
        1. Conclusive presumptions
        2. Disputable presumptions
        3. Presumptions in civil actions and proceedings; against an accused in criminal cases
      8. Construction of the rules of evidence
      9. Quantum of evidence
    2. Judicial Notice and Judicial Admissions
      1. What need not be proved
      2. Matters of judicial notice
        1. Mandatory
        2. Discretionary
      3. Judicial admissions
        1. Effect of judicial admissions
        2. How judicial admissions may be contradicted
        3. Pre-trial admissions
    3. Object
      1. Nature of object evidence
      2. Requisites for admissibility
      3. Categories of object evidence
      4. Chain of custody in relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002
      5. DNA Evidence
        1. Meaning of DNA
        2. Application for DNA testing order
        3. Post-conviction DNA testing; remedy
        4. Assessment of the probative value of DNA evidence and admissibility
        5. Rules on evaluation of the reliability of the DNA testing methodology
    4. Documentary Evidence
      1. Meaning of documentary evidence
      2. Requisites for admissibility
      3. Original document rule
        1. Meaning of the rule
        2. When not applicable
        3. Meaning of original document and duplicate
        4. Secondary evidence; summaries
      4. Electronic evidence
        1. Meaning of electronic evidence; electronic data massage
        2. The probative value of electronic documents or evidentiary weight; method of proof
        3. Authentication of electronic documents and electronic signatures
        4. Electronic documents and the hearsay rule
        5. Audio, photographic, video, and ephemeral evidence
      5. Parol evidence rule
        1. Application of the parol evidence rule
        2. When parol evidence can be introduced
        3. Distinguish: original document rule and parol evidence rule
      6. Authentication and proof of documents
        1. Meaning of authentication
        2. Classes of documents
        3. When private writing requires authentication; proof of a private writing
        4. When evidence of the authenticity of private writing is not required
        5. Genuineness of handwriting
        6. Public documents as evidence; proof of official record
        7. Attestation of a copy
        8. The public record of a public document
        9. Proof of lack of record
        10. How a judicial record is impeached
        11. Proof of notarial documents
        12. Alterations in a document
        13. Documentary evidence in an unofficial language
    5. Testimonial Evidence
      1. Qualifications of a witness
      2. Disqualifications of witnesses
        1. Disqualification by reason of marriage
        2. Disqualification by reason of privileged communications; rule on third parties
          1. Husband and wife
          2. Attorney and client; exceptions
          3. Physician and patient
          4. Priest and penitent
          5. Public officers
        3. Parental and filial privilege rule
        4. Trade secrets
      3. Examination of a witness
        1. Rights and obligations of a witness
        2. Order in the examination of an individual witness
        3. Leading and misleading questions
        4. Impeachment of witness
          1. Adverse party’s witness
          2. By evidence of conviction of a crime
          3. Own witness
          4. How the witness is impeached by evidence of inconsistent statements
        5. Referral of witness to the memorandum
        6. Examination of a child witness
          1. Applicability of the rule
          2. Meaning of “child witness”
          3. Competency of a child witness
          4. Examination of a child witness
          5. Live-link TV testimony of a child witness
          6. Videotaped deposition of a child witness
          7. Hearsay exception in child abuse caseS
          8. Sexual abuse shield rule
          9. Protective orders
      4. Admissions and confessions
        1. Admission by a party
        2. Res inter alias acta rule
        3. Admission by a third party
        4. Admission by a co-partner or agent
        5. Admission by a conspirator
        6. Admission by privies
        7. Admission by silence
        8. Confessions
        9. Similar acts as evidence
        10. Admissibility of offers of compromise
      5. Hearsay rule
        1. Meaning of hearsay
        2. Reason for exclusion of hearsay evidence
        3. Exceptions to the hearsay rule
          1. Dying declaration
          2. Statement of decedent or person of unsound mind
          3. Declaration against interest
          4. Act or declaration about pedigree
          5. Family reputation or tradition regarding pedigree
          6. Common reputation
          7. Part of the res gestae
          8. Records of regularly conducted business activity
          9. Entries in official records
          10. Commercial lists and the like
          11. Learned treatises
          12. Testimony or deposition at a former trial
          13. Residual exception
        4. Independently relevant statements
      6. Opinion rule
        1. Opinion of the expert witness; weight given
        2. Opinion of an ordinary witness
      7. Character evidence
        1. Criminal cases
        2. Civil cases
        3. Criminal and civil cases
      8. Judicial affidavits
        1. Scope
        2. Submission in lieu of direct testimony
        3. Contents
        4. Offer and objection
        5. Application in criminal cases
        6. Effect of non-compliance
    6. Offer and Objection
      1. Offer of evidence
      2. When to make an offer
      3. Objection
      4. Repetition of an objection
      5. Ruling
      6. Striking out of an answer
      7. Tender of excluded evidence
  9. Revised Rules on Summary Procedure

    1. Cases covered by the Rule
    2. Effect of failure to answer
    3. Preliminary conference and appearances of parties
    4. Prohibited pleadings and motions
    5. Appeal
  10. Katarungang Pambarangay

    1. Cases covered
    2. Subject matter for amicable settlement
    3. Venue
    4. When parties may directly go to court
    5. Execution
    6. Repudiation
  11. Rules of Procedure for Small Claims Cases

    1. Scope and applicability of the Rule
    2. Commencement of small claims action; response
    3. Prohibited pleadings and motions
    4. Appearances
    5. Hearing; duty of the judge
    6. Finality of judgment
  12. Rules of Procedure for Environmental Cases

    1. Scope and applicability of the Rule
    2. Civil procedure
      1. Prohibition against temporary restraining order and preliminary injunction
      2. Pre-trial conference; consent decree
      3. Prohibited pleadings and motions
      4. A temporary environmental protection order
      5. Judgment and execution; reliefs in a citizen’s suit
      6. Permanent environmental protection order; writ of continuing mandamus
      7. Strategic lawsuit against public participation
    3. Special proceedings
      1. Writ of kalikasan
      2. Prohibited pleadings and motions
      3. Discovery measures
      4. Writ of continuing mandamus
    4. Criminal procedure
      1. Who may file
      2. Institution of criminal and civil action
      3. Arrest without a warrant, when valid
      4. Procedure in the custody and disposition of seized items
      5. Bail
      6. Arraignment and plea
      7. Pre-trial
      8. Subsidiary liabilities
    5. Evidence
      1. Precautionary principle
      2. Documentary evidence
  13. Alternative Dispute Resolution
    1. Types of processes and procedures in alternative dispute resolution; comparison with court-annexed mediation
    2. Domestic arbitration
    3. Judicial review of arbitral awards
    4. Appeal from court decisions on arbitral awards
    5. Venue and jurisdiction
    6. Special Rules of Court on Alternative Dispute Resolution
      1. Subject matter
      2. Summary proceedings in certain cases
      3. Prohibited submissions
      4. Judicial relief involving the issue of existence, validity and enforceability of arbitration agreements
      5. Interim measures of protection
      6. Enforcement and recognition or setting aside of an international commercial arbitral award
      7. Recognition and enforcement of a foreign arbitral award
      8. Special civil action for certiorari

Legal and Judicial Ethics and Practical Exercises

  1. Legal Ethics

    1. Practice of Law
      1. Concept
        1. Privilege
          1. Profession, not business
      2. Qualifications
      3. Continuing requirements for membership in the bar
        1. Good moral character
        2. Citizenship; reacquisition of the privilege to practice law in the Philippines
      4. Appearance of non-lawyers
        1. Law student practice
        2. Non-lawyers in courts
        3. Non-lawyers in administrative tribunals and labor tribunals
        4. Proceedings where lawyers are prohibited from appearing
      5. Sanctions for practice or appearance without authority
        1. Lawyers without authority
        2. Persons, not lawyers
      6. Public officials and practice of law
        1. Prohibition or disqualification of former government attorneys
      7. Lawyers authorized to represent the government
      8. Lawyer’s oath
    2. Duties and Responsibilities of a Lawyer
      1. Society
        1. Respect for law and legal processes
        2. Efficient and convenient legal services
        3. True, honest, fair, dignified, and objective information on legal services
        4. Participation in the improvements and reforms in the legal system
        5. Participation in legal education program
        6. Lawyers in government service discharging their tasks
      2. The legal profession
        1. Integrated Bar of the Philippines
        2. Membership and dues
        3. Upholding the dignity and integrity of the professions
        4. Courtesy, fairness, and candor towards professional colleagues
        5. No assistance in the unauthorized practice of law
      3. The courts
        1. Candor, fairness, and good faith towards the courts
        2. Respect for courts and judicial officers
        3. Assistance in the speedy and efficient administration of justice
        4. Reliance on merits of the case, not on impropriety tending to influence the courts
      4. The clients
        1. Availability of service without discrimination
          1. Services regardless of person’s status
          2. Services as counsel de oficio
          3. Valid grounds for refusal
        2. Candor, fairness, and loyalty to clients
          1. Confidentiality rule
          2. Privileged communication
          3. Conflict of interest
          4. Candid and honest advice to clients
          5. Compliance with laws
          6. Concurrent practice with another profession
        3. Client’s money and properties
          1. Fiduciary relationship
          2. Co-mingling of funds
          3. Delivery of funds
          4. Borrowing or lending
        4. Fidelity to client’s cause
          1. Use of fair and honest means
          2. Client’s fraud
          3. Procedure in handling cases
        5. Competence and diligence
          1. Adequate protection
          2. Negligence
          3. Collaborating counsel
          4. Duty to apprise client
        6. Representation with zeal within legal bounds
        7. Attorney’s fees
          1. Acceptance fees
          2. Contingency fee arrangements
          3. Champertous contracts
          4. Attorney’s liens
          5. Fees and controversies with clients
          6. Concepts of attorney’s fees
        8. Preservation of client’s confidences
          1. Prohibited disclosures and use
          2. Disclosures, when allowed
        9. Withdrawal of services
        10. Duties of lawyers in case of death of parties represented
    3. Suspension, Disbarment, and Discipline of Lawyers
      1. Nature and characteristics of disciplinary actions against lawyers
        1. Sui generis
        2. Prescription of actions
      2. Grounds
      3. How instituted
      4. Proceedings
      5. The discipline of Filipino lawyers who practice in foreign jurisdictions
      6. Sanctions
    4. Readmission to the Bar
      1. Lawyers who have been suspended
      2. Lawyers who have been disbarred
      3. Lawyers who have been repatriated
    5. Mandatory Continuing Legal Education
      1. Purpose
      2. Requirements
      3. Compliance
      4. Exemptions
      5. Sanctions
    6. Notarial Practice
      1. Qualifications of a notary public
      2. Term of office of a notary public
      3. Powers and limitations
      4. Notarial register
      5. Jurisdiction of notary public and place of notarization
      6. Revocation of commission
      7. Competent evidence of identity
      8. Sanctions
    7. Duties of a Lawyers under Specific Provisions in the Rules of Court
      1. Judgments, final orders, and entry of judgments Page
      2. Contempt
      3. Arraignment and plea
      4. Attorney-client privilege
      5. Powers and duties of court and judicial officers
      6. Disqualification of judicial officers/inhibition
      7. Withdrawal from case
      8. Standing in a court of persons authorized to appear for the government
      9. Government lawyers and private practice
      10. Amicus curiae
  2. Judicial Ethics

    1. Sources
      1. New Code of Judicial Conduct for the Philippine Judiciary
      2. Code of Judicial Conduct
    2. Qualities
      1. Independence
      2. Integrity
      3. Impartiality
      4. Propriety
      5. Equality
      6. Competence and diligence
    3. Administrative Jurisdiction Over Judges and Justices
    4. Disqualification of Judicial Officers
      1. Compulsory
      2. Voluntary
    5. The discipline of Members of the Judiciary
      1. Members of the Supreme Court
      2. Lower court judges and justices
      3. Grounds
      4. Impeachment
      5. Sanctions imposed by the Supreme Court on erring members of the judiciary
  3. Practical Exercises
    1. Demand and authorization letters
    2. Contract of sale
    3. Contract of lease
    4. Special power of attorney
    5. Verification and certificate of non-forum shopping
    6. Notice of hearing and explanation in motions
    7. Judicial affidavit
    8. Notarial certificates: jurat and acknowledgment
    9. Motions for extension of time, to dismiss, and to declare in default
    10. Quitclaims in labor cases
    11. Promissory note
    12. Information in criminal cases
    13. Retainer agreement

List of Relevant Materials

  1. 1987 Constitution
  2. Laws, Rules, and Issuances
  3. Code of Professional Responsibility
  4. The 1997 Rules of Court
  5. Lawyers Oath
  6. Bar Matter No. 850 – Rules on Mandatory Continuing Legal Education
  7. Bar Matter No. 1153 – Amending Sections 5 and 6 of Rule 138: Qualifications for Admission to Bar
  8. Bar Matter No. 1645 – Amending Rule 139-B: Rules Governing Administrative Disciplinary Cases Against Lawyers
  9. A.M. No. 03-05-01-SC – New Code of Judicial Conduct for the Philippine Judiciary
  10. A.M. No. 02-8-13-SC – 2004 Rules on Notarial Practice
  11. A.M. No. 19-03-24-SC – Rule 188-A: Law Student Practice
  12. Rep. Act No. 9225 – The Citizenship Retention and Reacquisition Act of 2003
  13. Rep. Act No. 3019, sec. 3(d) – Anti-Graft and Corrupt Practices Act
  14. Rep. Act No. 6397 – An Act providing for the Integration of the Philippine Bar and Appropriating Funds therefor
  15. Rep. Act No. 6713, secs. 4 & 7(d) – Code of Conduct and Ethical Standards for Public Officials and Employees
  16. Rep. Act No. 6033 – An Act Requiring the Courts to Give Preference to Criminal Cases where the Party or Parties Involved are Indigent
  17. Rep. Act No. 6034 – An Act Providing Transportation and Other Allowances for Indigent Litigants
  18. Rep. Act No. 6035 – An Act Requiring Stenographers to Give Free Transcript of Notes to Indigent and Low-Income Litigants and Providing a Penalty for the Violation thereof
  19. Rep. Act No. 5185, sec. 6 – An Act Granting Further Autonomous Powers to Local Governments
  20. Rep. Act No. 910, as amended – An Act to Provide for the Retirement of Justices of the Supreme Court and of the Court of Appeals

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