Professional Documents
Culture Documents
2011 Bar Examination Syllabus
2011 Bar Examination Syllabus
2011 Bar Examination Syllabus
Labor Law
g. Overtime work
(a) Undertime not offset by overtime
(b) Waiver of overtime pay
h. Night Work
i. CBA provision vis--vis overtime work
2. Wages
a. "No work no pay" principle
b. Coverage/Exclusions
c. Facilities vs supplements
d. Wages vs. salaries
e. Wage distortion
f. CBA vis--vis Wage Orders CBA creditability
g. Non-diminution of benefits
h. Workers preference in case of bankruptcy
i. Labor Code provisions for wage protection
j. Allowable deductions without employees consent
k. Attorneys fees and union service fee in labor cases
l. Criteria/Factors for Wage Setting
3. Rest Day
a. Right to weekly rest day
b. Preference of the employee
c. When work on rest day authorized
4. Holidays
(1) Coverage
(2) Conditions to entitlement
(3) Availment
6. Service Charges
a. Coverage
b. Exclusion
c. Distribution
d. Integration
7. Thirteenth (13th) Month Pay and other bonuses
a) Coverage
b) Exclusion/Exemptions from coverage
c) Nature of 13th month pay
d) Commissions vis--vis 13th month pay
e) CBA vis--vis 13th month pay
8. Women Workers
a. Discrimination (Art. 135, LC)
b. Stipulation against marriage (Art. 136, LC)
c. Prohibited Acts (Art. 137, LC)
d. Classification of certain women workers (Art. 138, LC)
e. Anti-Sexual Harassment Act (RA 7877)
9. Minor Workers (RA 7678, RA 9231)
a. Regulation of working hours of a child
b. Employment of the child in public entertainment
(a) Requirements
(5) Re-run election
(6) Consent election
(7) Affiliation and disaffiliation of the local union from the mother union
(a) Substitutionary doctrine
(8) Union dues and special assessments
(a) Requirements for validity
(9) Agency fees
(a) Requisites for assessment
2. Right to Collective Bargaining
a. Duty to bargain collectively
(1) Kiok Loy ruling
b. Mandatory provisions of CBA
(1) Grievance Procedure
(2) Voluntary Arbitration
(3) No Strike-No Lockout Clause
(4) Labor Management Council
c. ULP in Collective Bargaining
(1) Bargaining in bad faith
(2) Refusal to bargain
(3) Individual bargaining
(4) Blue sky bargaining
(5) Surface bargaining
a. Money claims
b. Illegal dismissal
c. Unfair labor practice
d. Offenses penalized by the Labor Code and IRR issued pursuant thereto
a. Presidential Immunity
b. Presidential Privilege
2. Powers
a. Executive and Administrative Powers in General
b. Power of Appointment
(1) In General
(2) Commission on Appointments Confirmation
(3) Midnight Appointments
(4) Power of Removal
c. Power of Control and Supervision
(1) Doctrine of Qualified Political Agency
(2) Executive Departments and Offices
(3) Local Government Units
d. Military Powers
e. Pardoning Power
(1) Nature and Limitations
(2) Forms of Executive Clemency
f. Diplomatic Power
g. Residual Powers
E. Judicial Department
1. Concepts
a. Judicial Power
b. Judicial Review
3. Due Process
a. Relativity of Due Process
b. Procedural and Substantive Due Process
c. Constitutional and Statutory Due Process
d. Hierarchy of Rights
e. Judicial Standards of Review
f. Void-for-Vagueness Doctrine
4. Equal Protection
a. Concept
b. Requisites for Valid Classification
5. Searches and Seizures
a. Concept
b. Warrant Requirement
(1) Requisites
c. Warrantless Searches
d. Warrantless Arrests
e. Administrative Arrests
f. Drug, Alcohol and Blood Tests
6. Privacy of Communications and Correspondence
a. Private and Public Communications
b. Writ of Habeas Data
7. Freedom of Expression
a. Concept and Scope
h. Right of Confrontation
i. Compulsory Process
j. Trials In Absentia
17. Writ of Habeas Corpus
a. Writ of Amparo
18. Self-Incrimination Clause
a. Scope and Coverage
(1) Foreign Laws
b. Application
c. Immunity Statutes
19. Involuntary Servitude and Political Prisoners
20. Excessive Fines and Cruel and Inhuman Punishments
21. Non-Imprisonment for Debts
22. Double Jeopardy
a. Requisites
b. Motions for Reconsideration and Appeals
c. Dismissal with Consent of Accused
23. Ex Post Facto Laws and Bills of Attainder
H. Citizenship
1. Natural-Born Citizens and Public Office
2. Naturalization and Denaturalization
3. Loss of Citizenship
4. Repatriation
c. Sandiganbayan
d. Ill-Gotten Wealth
14. Term Limits
J. Administrative Law
1. General Principles
2. Administrative Agencies
3. Powers of Administrative Agencies
a. Quasi-Legislative (Rule Making) Power
(1) Kinds of Administrative Rules and Regulations
(2) Requisites for Validity
b. Quasi-Judicial (Adjudicatory) Power
(1) Administrative Due Process
(2) Administrative Appeal and Review
(3) Administrative Res Judicata
c. Fact-Finding, Investigative, Licensing and Rate-Fixing Powers
4. Judicial Recourse and Review
a. Doctrine of Primary Administrative Jurisdiction
b. Doctrine of Exhaustion of Administrative Remedies
c. Doctrine of Finality of Administrative Action
K. Election Law
1. Suffrage
2. Qualification and Disqualification of Voters
3. Registration of Voters
1. Public Corporations
a. Concept
(1) Distinguished from Government-Owned or Controlled
Corporations (GOCCs)
b. Classifications
(1) Quasi-Corporations
(2) Municipal Corporations
2. Municipal Corporations
a. Elements
b. Nature and Functions
c. Requisites for Creation, Conversion, Division, Merger or Dissolution
3. Principles of Local Autonomy
4. Powers of Local Government Units (LGUs)
a. Police Power (General Welfare Clause)
b. Eminent Domain
c. Taxing Power
d. Closure and Opening of Roads
e. Legislative Power
(1) Requisites for Valid Ordinance
(2) Local Initiative and Referendum
f. Corporate Powers
(1) To Sue and Be Sued
(2) To Acquire and Sell Property
(3) To Enter Into Contracts
(a) Requisites
(b) Ultra Vires Contracts
g. Liability of LGUs
h. Settlement of Boundary Disputes
i. Succession of Elective Officials
j. Discipline of Local Officials
(1) Elective Officials
(a) Grounds
(b) Jurisdiction
(c) Preventive Suspension
(d) Removal
(e) Administrative Appeal
(f) Doctrine of Condonation
(2) Appointive Officials
k. Recall
l. Term Limits
M. National Economy and Patrimony
1. Regalian Doctrine
2. Nationalist and Citizenship Requirement Provisions
3. Exploration, Development and Utilization of Natural Resources
4. Franchises, Authority and Certificates for Public Utilities
5. Acquisition, Ownership and Transfer of Public and Private Lands
6. Practice of Professions
c. Internal Waters
d. Territorial Sea
e. Exclusive Economic Zone
f. Continental Shelf
(1) Extended Continental Shelf
1awphil
g. Tribunal of the Law of the Sea
12. International Environment Law
a. Principle 21 of Stockholm Declaration
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects.
It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar
examinations are guided on what basic and minimum amounts of laws, doctrines, and principles
they need to know and be able to use correctly before they can be licensed to practice law. More
is required for excellent and distinguished work as members of the Bar.
SYLLABUS FOR 2011 BAR EXAMINATIONS
CRIMINAL LAW
I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders
A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including
related Special Laws
1. Fundamental Principles
a. Definition of Criminal Law Difference between Mala in Se and
Mala Prohibita
b. Scope of Application and Characteristics of the Philippine
Criminal Law
(1) Generality
(2) Territoriality
(3) Prospectivity
c. Constitutional limitations on the power of Congress to enact
penal laws in the Bill of Rights
(1) equal protection
(2) due process
(3) non-imposition of cruel and unusual punishment or
excessive fines -Act Prohibiting the Imposition of Death
Penalty in the Philippines (R.A. 9346)
(4) bill of attainder
(5) ex post facto law
2. Felonies
a. Classifications of Felonies
b. Elements of Criminal Liability
c. Impossible Crime
d. Stages of Execution
e. Conspiracy and Proposal
f. Multiple Offenders (differences, rules, effects)
(1) Recidivism
(2) Habituality (Reiteracion)
(3) Quasi-Recidivism
(4) Habitual Deliquency
g. Complex Crimes vis Special Complex Crimes
3. Circumstances which Affect Criminal Liability
a. Decree Codifying the Laws on Illegal / Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of Firearms,
a. Prescription of crimes
b. Prescription of penalties
B. Book II (Articles 114-365), including related Special Laws
1. Crimes Against National Security (114-123); in addition:
a. Anti-Piracy and Anti- Highway Robbery (P.D.532)
(1) Definition of terms
(2) Punishable acts
b. Anti-Hijacking Law (PD 6235)
(1) Punishable acts
c. Human Security Act of 2007(R.A. 9372)
(1) Punishable acts of terrorism
(2) Who are liable
2. Crimes Against the Fundamental Laws of the State (124-133); in
addition:
a. Human Security Act of 2007 (R.A. 9372)
(1) Period of detention
b. Anti-Torture Act (R.A. 9745)
(1) Punishable acts
(2) Who are liable
3. Crimes Against Public Order (134-159); in addition:
a. -Decree Codifying the Laws on Illegal / Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of Firearms,
Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294)
as an element of the crimes of rebellion, insurrection, sedition, or
attempted coup detat
b. Human Security Act of 2007 (R.A. 9372)
e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer
to Child and Youth Welfare Code (P.D. 603, as amended)
(1) Punishable acts
f. Human Security Act of 2007 (R.A. 9372)
(1) Punishable acts of terrorism
(2) Who are liable
9. Crimes Against Personal Liberty and Security (267-292); in addition:
a. Anti-Wire Tapping Act (R.A. 4200)
(1) Punishable acts
(2) Exceptions
b. Human Security Act of 2007 (R.A. 9372)
(1) Surveillance of suspects and interception and recording
of communications
(2) Restriction on travel
(3) Examination of bank deposits and documents
(a) Judicial Authorization
(b) Application
(4) Unauthorized revelation of classified materials
c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
(1) Punishable acts
10. Crimes Against Property (293-332); in addition:
a. Anti-Fencing Law (P.D. No. 1612) and its Implementing Rules
and Regulations
(1) Fencing
(a) Definition
VIII. Adoption
EXCLUDE: Family Code, Arts. 183-188, 191-193
A. RA 8552 Domestic Adoption Law
1. Who can adopt
2. Who can be adopted
3. Rights of an adopted child include FC, Arts. 189 and 190 on
successional rights
4. Rescission of adoption
EXCLUDE: AM No. 02-6-02-S.C. (Aug. 22, 2002), RA 9523 requiring certification of
the department of DSWD to declare a "child legally available for adoption"
B. RA 8043, The Law on Inter- Country Adoption
1. Who can Adopt
2. Who can be adopted
IX. Support
A. What it Compromises, Art. 194
B. Who are Obliged, Arts. 195-197, 199-200, 206-208
C. Support during marriage litigation, Art. 198
D. Amount, Arts. 201-202
E. When Demandable, Art. 203
F. Options, Art. 204
G. Attachment, Art. 205
X. Parental Authority
A. General Provisions, Arts. 209-215
B. Substitute and Special Parental Authority, Arts. 216-219
C. Effect of Parental Authority upon the Persons of the Children, Arts. 220-224
EXCLUDE: Rule on Guardianship of Minors, Rule on Custody of Minors, RA 8972
Solo Parents Act, RA 8980 Policy for Childhood Care
D. Effects of Parental Authority upon the Property of the Children, Arts. 225-227
EXCLUDE: RA 9231 Child Labor Law (to be covered by Labor Law)
E. Suspension or Termination of Parental Authority, Arts. 228-233 RA 7610
Child Abuse Law
XI. Emancipation Arts. 234 and 236, as amended by RA 6809
XII. Summary Judicial Proceedings in the Family Law
XIII. Final Provisions Retroactive effect, Art. 256
EXCLUDE: Arts. 254-255, 257
XIV. Funeral, NCC Arts. 305-301
EXCLUDE: Care and Education of Children, Arts. 356-363
XV. Use of surnames Arts. 364-369, 369-380 (other articles repealed by Family Code)
XVI. Absence NCC Art. 43; Art. 41 Family Code
A. Provisional measures in Case of Absence, Arts. 381-383
B. Declaration of Absence, Arts. 384-389
C. Administration of the Property of the Absentee, arts. 387-389
D. Presumption of Death, Arts. 390-392
EXCLUDE: Arts. 393-396, contingent assets
XVII. Civil Registrar
A. Arts. 407-413
B. RA 9048-clerical errors
C. Rule 108, Rules of Court
IV. Accession
A. Right to hidden treasure
B. General Rules:
1. For immovables:
a. Accession discreta (natural and industrial civil fruits) and
continua (over immovables: artificial/industrial and natural)
b. Accession industrial (building, avulsion, rivers, islands)
c. Accession natural (accretion, avulsion, rivers, islands)
2. For movables:
a. Accession continua (conjuction, adjunction, commixtion/
confusion, specification)
b. Rules for determining the principal and accessory
V. Quieting of title to/interest in and removal/prevention of cloud over title
to/interest in real property
A. Requirement
B. Distinction between quieting title and removing/preventing a cloud
C. Prescription/non-prescription of action
VI. Co-ownership
A. Characteristics of co-ownership
1. In general
2. Special rules:
a. Concept of condominium
(1) Condominium corporation
(2) Interest in real property
(3) Concept of common areas, amendment
a. Right of way
2. Voluntary easements Art. 688
a. Effect of Zoning ordinance
C. Modes of Acquiring Easements
1. Compulsory easements Arts. 620-624
2. Easement of light and view Arts. 669-673
X. Nuisance Art. 694
XI. Action to Quiet Title Arts. 476-480
XII. Modes of Acquiring Ownership Art. 712
A. Occupation Art. 713
B. Donation
1. Definition Arts. 725-6, 746
2. Characteristics
a. Extent to which donor may donate property
b. Reservations and reversions
3. Kinds
a. Donation Inter Vivos Art. 729
b. Donation By Reason of Marriage Family Code Arts. 82-83, 86
c. Donation Mortis Causa Art. 728
d. Onerous Donation Art. 733
e. Simple, modal, conditional
4. Formalities required
a. How made and accepted
b. Perfection
c. Differences between formalities for donation of real, personal
properties
(1) Movables Art. 748
(2) Immovables Art. 749
5. Qualifications of donor, donee
6. Effects of donation/limitations
a. In general
b. Double donations
c. Excessive/inofficious
d. Scope of amount Arts. 750-752
e. In fraud of creditors Art. 759
7. Void Donations Arts. 739-740, 1027
8. Revocation or reduction
a. Grounds for revocation, grounds for reduction
b. How done
c. Effects
d. Prescription
e. Innofficious Donations Arts. 760-761, 771-775
f. Ingratitude Arts. 765, 769
EXCLUDE: Intellectual Creations to be covered by Mercantile Law
PRESCRIPTION
I. Definition Art. 1106
A. Acquisitive Art. 1117
1. Characteristics
2. Ordinary
a. Good Faith Art. 1127
b. Just title Arts. 1129-1130
3. Extraordinary Arts. 1137, 1132 second par.
4. Requisites Arts. 1118-1125
5. Period Arts. 1132, 1134, 1138
6. What cannot be required by acquisitive prescription
B. Extinctive
1. Characteristics
2. Requisites
3. Periods
II. No Prescription Applicable
A. By Offender Art. 1133
B. Registered Lands PD 1529
C. Art. 1143, NCC
1. Action legal to demand a right of way Art. 649
2. To abate a nuisance
D. Action to quiet title if plaintiff in possession
E. Void contracts Art. 1410
F. Action to demand partition Art. 494
1. Distinguished from laches
G. Property of public dominion
C. Breaches of obligations
1. Complete failure to perform
2. Default, delay or mora no default unless creditors makes a demand;
Exceptions (Art. 1169)
a. Mora solvendi
b. Mora accipiendi
c. Compesatio morae
3. Fraud in the performance of obligation
a. Waiver of future fraud is void (Art. 1171)
4. Negligence (culpa) in the performance of obligation
a. Diligence normally required is ordinary diligence or diligence of
a good father of a family; exceptions common carriers requiring
extraordinary diligence (Arts. 1998-2002)
5. Contravention of the tenor of obligation
6. Legal excuse for breach of obligation fortuitous event; requisites
D. Remedies available to creditor in cases of breach
1. Specific Performance
a. Substituted performance by a third person on obligation to
deliver generic thing and in obligation to do, unless a purely
personal act
2. Rescission (resolution in reciprocal obligations)
3. Damages, in any event
4. Subsidiary remedies of creditors (Art. 1177)
a. Accion subrogatoria
b. Accion pauliana
c. Accion directa (Arts. 1652, 1608, 1729, 1893)
B. Real
C. Formal or Solemn
1. Donations Arts. 748-749
2. Partnership where real property contributed Arts. 1771, 1773
3. Antichresis Art. 2134
4. Agency to sell real property or an interest therein Art. 1874
5. Stipulation to charge interest Art. 1956
6. Stipulation limiting common carriers duty of extraordinary diligence to
ordinary diligence Art. 1744
7. Chattel mortgage
8. Sale of large cattle
III. Formality Arts. 1356, 1357, 1358
IV. Defective Contracts
A. Rescissible Contracts Art. 1381
1. Difference with Rescission (resolution) under Art. 1191
B. Voidable Contracts Arts. 1328-1344, 1390-1402
C. Unenforceable Contracts Arts. 1403-1407, 1317
D. Void Contracts Arts. 1409, 1346
1. Pactum commissorium - Arts. 2088, 2130, 1390
2. Pactum de non alienando Art. 2130
3. Pactumleonina Art. 1799
V. Effect of Contracts Art. 1311
SALES
I. Introduction
C. Effects of warranties
D. Effects of waivers
E. Buyers options in case of breach of warranty Art. 1599
XIII. Breach of Contract
A. Remedies of the Seller Arts. 1636, 1594
1. Sale of Movables
B. Recto Law: Sale of Movables on Installment Arts. 1484-1486
1. Sale of Immovables
a. PD 957, sec. 23, 24
b. Maceda Law: Sale of Immovables on Installment
C. Remedies of the Buyer
1. Sale of Movable
2. Sale of Immovables
XIV. Extinguishment of the Sale
A. Causes Arts. 1600, 1231
B. Conventional redemption Art. 1601
C. Equitable mortgage Arts. 1602-1604
D. Distinguish from option to buy Art. 1602
E. Period of redemption Art. 1606
F. Exercise of the right to redeem Art. 1616
G. Legal redemption Art. 1619
H. Age redemption Art. 1619
XV. The Law on Sale of Subdivision and Condominium (PD 957)
G. Partnership by estoppel
H. Partnership v. Joint Venture
I. Professional partnership
J. Management Arts. 1800-1803
II. Rights and obligations of partnership
III. Rights and obligations of partners among themselves
IV. Obligations of partnership/partners to third persons
V. Dissolution Art. 1830
VI. Limited partnership
A. Definition
B. How limited partnership is formed/amended
C. Rights and obligations of a limited partner
EXCLUDE: Questions requiring application of SEC opinions or regulations
AGENCY
I. Definition of agency
II. Powers Art. 1877-8
A. To bind principal Arts. 1897-1902
B. Exception Art. 1883
III. Express vs. Implied Agency
IV. Agency by estoppel
V. General vs. Special Agency
VI. Agency couched in general terms
VII. Agency requiring special power of attorney
A. Definition
B. Kinds
C. Essential requirements
D. Obligation of pledge
E. Rights of pledgor
F. Perfection Arts. 2093, 2096
G. Foreclosure Arts. 2112, 2115
H. Pledge by Operation of Law Art. 2121-2122
I. Distinguished from Chattel Mortgage Arts. 2140, 1484
V. Real Mortgage
A. Definition and characteristics
B. Essential requisites
C. Foreclosure
VI. Antichresis
A. Definition and characteristics
B. Obligations of antichretic creditor
VII. Chattel Mortgage
A. Definition and characteristics
B. Registration
VIII. Quasi-Contracts
A. Negotiorum Gestio
B. Solutio Indebiti
IX. Concurrence and Preference of Credits
B. Elements of Right
C. Violation of Right or Legal Injury
D. Classes of Injury
1. Injury to persons
2. Injury to property
3. Injury to relations
VII. Intentional Torts
A. General
1. Concept
2. Classes
a. Interference with persons and property
(1) Physical harms
(2) Non-physical harms
b. Interference with relations
B. Interference with rights to persons and property
1. Intentional Physical Harms
a. General
(1) Concept
(2) Kinds
b. Violation of persons security, physical injuries Art. 33,
Civil Code
(1) Battery (Physical Injury)
(2) Assault (Grave Threat)
c. False Imprisonment (Illegal detention)
d. Trespass to Land
(1) Concept
(2) Elements
e. Interference with Personal Property
1) Trespass to Chattels
2) Conversion
2. Intentional Non-Physical Harms
a. General
(1) Concept
(2) Kinds
b. Violation of Personal Dignity
c. Infliction of emotional distress
d. Violation of Privacy
(1) Appropriation
(2) Intrusion
(3) Public disclosure of private facts
(4) False light in the public eye
e. Disturbance of Peace of Mind
f. Malicious Prosecution
g. Defamation
(1) Defenses
(a) Absence of elements
(b) Privilege
b. Privilege
1. Consent
2. Self-defense and defense of others
3. Necessity NCC Art. 429
4. Defense of property
5. Authority of Law
c. Prescription
d. Waiver
e. Force majeure
VIII. Negligence
A. Concept
B. Good Father of a Family or Reasonably Prudent Man
C. Standard of Care
1. NCC, Art. 1173
2. Emergency Rule
D. Unreasonable risk of Harm
E. Evidence
F. Presumption of Negligence
1. Legal Provisions
2. Res ipsa loquitur
G. Defenses
1. Complete
a. Absence of element
b. Completion of blanks
c. Incomplete and undelivered instruments
d. Complete but undelivered instruments
3. Rules of interpretation
4. Signature
a. Signing in trade name
b. Signature of agent
c. Indorsement by minor or corporation
d. Forgery
5. Consideration
6. Accomodation party
7. Negotiation
a. Distinguished from assignment
b. Modes of negotiation
8. Rights of the Holder
a. Holder in Due Course
b. Defenses against the Holder
9. Liabilities of Parties
a. Maker
b. Drawer
c. Acceptor
d. Indorser
e. Warranties
b. Manner
c. Time for acceptance
d. Rules governing acceptance
15. Presentment for Acceptance
a. Time/place/manner of presentment
b. Effect of failure to make presentment
c. Dishonor by non-acceptance
16. Promissory Notes
17. Checks
a. Definition
b. Kinds
c. Presentment for payment
(1) time
(2) effect of delay
E. Insurance Code
1. Concept of Insurance
2. Elements of an Insurance Contract
3. Characteristics/Nature of Insurance Contracts
4. Classes
a. Marine
b. Fire
c. Casualty
d. Suretyship
e. Life
f. Compulsory Motor Vehicle Liability Insurance
5. Insurable Interest
a. In Life/Health
b. In Property
c. Double Insurance and Over Insurance
d. Multiple or Several Interests on Same Property
6. Perfection of the Contract of Insurance
a. Offer and Acceptance/Consensuality
(1) Delay in acceptance
(2) Delivery of Policy
b. Premium Payment
c. Non-Default Options in Life Insurance
d. Reinstatement of a Lapsed Policy of Life Insurance
e. Refund of Premiums
7. Rescission of Insurance Contracts
a. Concealment
b. Misrepresentation/Omissions
c. Breach of Warranties
8. Claims Settlement and Subrogation
a. Notice and Proof of Loss
b. Guidelines on Claims Settlement
(1) Unfair Claims Settlement; Sanctions
3. Safety of Passengers
a. Void stipulations
b. Duration of liability
(1) Waiting for carrier or Boarding of carrier
(2) Arrival at destination
c. Liability for acts of others
(1) Employees
(2) Other passengers and strangers
d. Extent of liability for damages
4. Bill of Lading
a. Three-fold character
b. Delivery of goods
(1) Period for delivery
(2) Delivery without surrender of bill of lading
(3) Refusal of consignee to take delivery
d. Period for filing claims
e. Period for filing actions
5. Maritime Commerce
a. Charter Parties
(1) Bareboat/Demise Charter
(2) Time Charter
(3) Voyage/Trip Charter
b. Liability of Shipowners and Shipping Agents
(15) Contracts
(a) By self-dealing directors with the corporation
(b) Between corporations with interlocking directors
(16) Executive committee
(a) Creation
(b) Limitations on its powers
(17) Meetings
(a) Regular or special
i. When and where
ii. Notice
(b) Who presides
(c) Quorum
(d) Rule on abstention
j. Capital affairs
(1) Certificate of stock
(a) Nature of the certificate
(b) Uncertificated shares
(c) Negotiability
i. Requirements for valid transfer of stocks
(d) Issuance
i. Full payment
ii. Payment pro-rata
(e) Stock and transfer book
i. Contents
ii. Who may make valid entries
(f) Lost or destroyed certificates
(g) Situs of the shares of stock
(2) Watered stocks
(a) Definition
(b) Liability of directors for watered stocks
(c) Trust fund doctrine for liability for watered stocks
(3) Payment of balance of subscription
(a) Call by board of directors
(b) Notice requirement
(4) Sale of delinquent shares
(a) Effect of delinquency
(b) Call by resolution of the board of directors
(c) Notice of sale
(d) Auction sale
(5) Alienation of shares
(a) Allowable restrictions on the sale of shares
(b) Sale of partially paid shares
(c) Sale of a portion of shares not fully paid
(d) Sale of all of shares not fully paid
(e) Sale of fully paid shares
(f) Requisites of a valid transfer
c. Fraudulent transactions
d. Insider trading
6. Protection of investors
a. Tender offer rule
b. Rules on proxy solicitation
c. Disclosure rule
7. Civil liability
I. Banking Laws
1. The New Central Bank Act (RA 7653)
a. State policies
b. Creation of the Bangko Sentral ng Pilipinas (BSP)
c. Responsibility and primary objective
d. Monetary Board - Powers and functions
e. How the BSP handles banks in distress
(1) Conservatorship
(2) Closure
(3) Receivership
(4) Liquidation
f. How the BSP handles exchange crisis
(1) Legal tender power
(2) Rate of exchange
2. Law on Secrecy of Bank Deposits (RA 1405, as amended)
a. Purpose
b. Prohibited acts
c. Deposits covered
d. Exceptions
e. Garnishment of deposits, including foreign deposits
f. Penalties for violation
3. General Banking Act (RA 8791)
a. Definition and classification of banks
b. Distinction of banks from quasi-banks and trust entities
c. Bank powers and liabilities
(1) Corporate powers
(2) Banking and incidental powers
d. Diligence required of banks - relevant jurisprudence
e. Nature of bank funds and bank deposits
f. Stipulation on interests
g. Grant of loans and security requirements
(1) Ratio of net worth to total risk assets
(2) Single borrowers limit
(3) Restrictions on bank exposure to DOSRI (directors, officers,
stockholders and their related interests)
h. Penalties for violations
(1) Fine, imprisonment
(2) Suspension or removal of director or officer
(3) Dissolution of bank
4. Philippine Deposit Insurance Corporation Act
a. Basic policy
b. Concept of insured deposits
c. Liability to depositors
(1) Deposit liabilities required to be insured with PDIC
(2) Commencement of liability
(3) Deposit accounts not entitled to payment
(4) Extent of liability
(5) Determination of insured deposits
(6) Calculation of liability
(a) Per depositor, per capacity rule
(b) Joint accounts
(c) Mode of payment
(d) Effect of payment of insured deposit
(e) Payments of insured deposits as preferred credit under
Art. 2244, Civil Code
(f) Failure to settle claim of insured depositor
(g) Failure of depositor to claim insured deposits
i. Examination of banks and deposit accounts
ii. Prohibition against splitting of deposits
iii.Prohibition against issuances of TROs, etc.
J. Intellectual Property Law (excluding Implementing Rules and Regulations)
1. Intellectual Property Rights in general
a. Intellectual property rights
b. Differences between copyrights, trademarks and patent
(1) Voluntary
(2) Compulsory
j. Assignment and transmission of rights
3. Trademarks
a. Definitions of marks, collective marks, trade names
b. Acquisition of ownership of mark
c. Acquisition of ownership of trade name
d. Non-registrable marks
e. Prior use of mark as a requirement
f. Tests to determine confusing similarity between marks
(1) Dominancy test
(2) Holistic test
g. Well-known marks
h. Rights conferred by registration
i. Use by third parties of names, etc. similar to registered mark
j. Infringement and remedies
(1) Trademark infringement
(2) Damages
(3) Requirement of Notice
k. Unfair competition
l. Trade names or business names
m. Collective marks
n. Criminal penalties for infringement, unfair competition, false
designation of origin, and false description or misrepresentation
4. Copyrights
a. Basic principles, Secs. 172.2, 175, and 181
b. Copyrightable works
(1) Original works
(2) Derivative works
c. Non-copyrightable works
d. Rights of copyright owner
e. Rules on ownership of copyright
f. Limitations on copyright
(1) Doctrine of fair use
(2) Copyright infringement
(a) Remedies
(b) Criminal penalties
K. Special Laws
1. The Chattel Mortgage Law (Act 1508 in rel. to Arts. 1484, 1485, 2140 and
2141 of the Civil Code)
a. Essential requisites
b. Formal requisites
c. Registration, when and where
d. After-acquired property
e. After-incurred obligation
f. Right of junior mortgagee
g. Foreclosure procedure
h. Redemption
1. Fiscal Adequacy
2. Administrative Feasibility
3. Theoretical Justice
G. Theory and Basis of Taxation
1. Lifeblood Theory
2. Necessity Theory
3. Benefits-Protection Theory (Symbiotic Relationship)
4. Jurisdiction over subject and objects Doctrines in Taxation
1. Prospectivity of tax laws
2. Imprescriptibility
3. Double taxation
a. Strict sense
b. Broad sense
c. Constitutionality of double taxation
d. Modes of eliminating double taxation
4. Escape from taxation
a. Shifting of tax burden
1) Ways of shifting the tax burden
2) Taxes that can be shifted
3) Meaning of impact and incidence of taxation
b. Tax avoidance
c. Tax evasion
5. Exemption from taxation
3) Income
partly within
and partly
without the
Philippines
c) Situs of Property
Taxes
(1) Taxes on
Real Property
(2) Taxes on
Personal
Property
d) Situs of Excise Tax
(1) Estate Tax
(2) Donors
Tax
e) Situs of Business
Tax
(1) Sale of
Real Property
(2) Sale of
Personal
Property
(3) VAT
d. International
Comity
e. Exemption of
Government Entities,
Agencies, and
Instrumentalities
2. Constitutional Limitations
a) Resident aliens
b) Non-resident aliens
(1) Engaged in trade or business
(2) Not engaged in trade or business
3) Special Class of Individual Employees
a) Minimum wage earner
b. Corporations
1) Domestic corporations
2) Foreign corporations
(1) Resident foreign corporations
(2)Non-resident foreign corporations
c. Partnerships
d. General Professional Partnerships
e. Estates and Trusts
f. Co-ownerships
7. Income Taxation
a. Definition
b. Nature
c. General principles
8. Income
a. Definition
b. Nature
c. When income is taxable
1) Existence of income
2) Realization of income
a) Tests of Realization
b) Actual vis--vis Constructive receipt
3) Recognition of income
4) Methods of accounting
a) Cash method vis--vis Accrual method
b) Installment payment vis--vis Deferred payment
vis-vis Percentage completion (in long term
contracts)
d. Tests in determining whether income is earned for tax purposes
1) Realization test
2) Claim of right doctrine or Doctrine of ownership,
command, or control
3) Economic benefit test, Doctrine of proprietary interest
4) Severance test
9. Gross Income
a. Definition
b. Concept of income from whatever source derived
c. Gross Income vis--vis Net Income vis--vis Taxable Income
d. Classification of Income as to Source
1) Gross income and taxable income from sources within
the Philippines
2) Gross income and taxable income from sources without
the Philippines
3) Income partly within or partly without the Philippines
a) Interest Income
b) Dividend Income
(1) Cash dividend
(2) Stock dividend
(3) Property dividend
(4) Liquidating dividend
c) Royalty Income
d) Rental Income
(1) Lease of personal property
(2) Lease of real property
(3) Tax treatment of
(a) Leasehold improvements by
lessee
(b) VAT added to rental/paid by the
lessee
(c) Advance rental/long term lease
7) Annuities, Proceeds from life insurance or other types of
insurance
8) Prizes and awards
9) Pensions, retirement benefit, or separation pay
10) Income from any source whatever
a) Forgiveness of indebtedness
b) Recovery of accounts previously written off
c) Receipt of tax refunds or credit
d) Income from any source whatever
1. Concept
2. Characteristics
3. Impact of tax
4. Incidence of tax
5. Tax credit method
6. Destination principle
7. Persons liable
8. VAT on sale of goods or properties
a. Requisites of taxability of sale of goods or properties
9. Zero-rated sales of goods or properties, and effectively zerorated sales
of goods or properties
10.Transactions deemed sale
a. Transfer, use or consumption not in the course of business of
goods/properties originally intended for sale or use in the course of
business1avvphi1
b. Distribution or transfer to shareholders, investors or creditors
c. Consignment of goods if actual sale not made within 60 days
from date of consignment
d. Retirement from or cessation of business with respect to
inventories on hand
11.Change or cessation of status as VAT-registered person
a. Subject to VAT
1) Change of business activity from VAT taxable status to
VAT-exempt status
2) Approval of request for cancellation of a registration due
to reversion to exempt status
a. Registration requirements
1) Annual registration fee
2) Registration of each type of internal revenue tax
3) Transfer of registration
4) Other updates
5) Cancellation of registration
6) Power of the Commissioner to suspend the business operations
of any person who fails to register
b. Persons required to register for VAT
1) Optional registration for VAT of exempt person
2) Cancellation of VAT registration
3) Changes in or cessation of status of a VAT-registered person
c. Supplying taxpayer identification number (TIN)
d. Issuance of receipts or sales or commercial invoices
1) Printing of receipts or sales or commercial invoices
2) Invoicing requirements for VAT
a) Information contained in the VAT invoice or VAT official
receipt
b) Consequences of issuing erroneous VAT invoice or
official receipts
e. Exhibition of certificate of payment at place of business
f.Continuation of business of deceased person
g. Removal of business to other location
2. Tax returns
a. Income Tax Returns
b. Collection
1) Requisites
2) Prescriptive periods
3) Distraint of personal property including garnishment
a) Summary remedy of distraint of personal
property
(1) Procedure for distraint and garnishment
(2) Sale of property distrained and
disposition of proceeds
(a) Release of distrained property
upon payment prior to sale
(3)Purchase by the government at sale upon
distraint
(4) Report of sale to BIR
(5) Constructive distraint to protect the
interest of the government
4) Summary remedy of levy on real property
a) Advertisement and sale
b) Redemption of property sold
c) Final deed of purchaser
5) Forfeiture to government for want of bidder
a) Remedy of enforcement of forfeitures
(1)Action to contest forfeiture of chattel
b) Resale of real estate taken for taxes
c) When property to be sold or destroyed
b. Import entry
c. Declaration of correct weight or value
d. Liability for payment of duties
e. Liquidation of duties
f. Keeping of records
F. Importation in violation of TCC
1. Smuggling
2. Other fraudulent practices
G. Classification of goods
1. Taxable importation
2. Prohibited importation
3. Conditionally-free importation
H. Classification of duties
1. Ordinary/Regular duties
a. Ad valorem; Methods of valuation
1) Transaction value
2) Transaction value of identical goods
3) Transaction value of similar goods
4) Deductive value
5) Computed value
6) Fallback value
b. Specific
2. Special duties
a. Dumping duties
b. Countervailing duties
c. Marking duties
d. Retaliatory/Discriminatory duties
e. Safeguard
I.Drawbacks
J.Remedies
1. Government
a. Administrative/Extrajudicial
1) Search, seizure, forfeiture, arrest
b. Judicial
1) Rules on appeal including jurisdiction
2. Taxpayer
a. Protest
b. Abandonment
c. Abatement and refund
V. Judicial Remedies; Republic Act 1125 The Act that Created the Court of Tax
Appeals (CTA), as amended, and the Revised Rules of the Court of Tax Appeals
A. Jurisdiction of the Court of Tax Appeals
1. Exclusive appellate jurisdiction over civil tax cases
a. Cases within the jurisdiction of the Court en banc
b. Cases within the jurisdiction of the Court in divisions
2. Criminal cases
a. Exclusive original jurisdiction
e. Sanctions
6. Notarial Practice
a. Qualifications of Notary Public
b. Term of Office of Notary Public
c. Powers and Limitations
d. Notarial Register
e. Jurisdiction of Notary Public and Place of Notarization
f. Revocation of Commission
g. Competent Evidence of Identity
h. Sanctions
B. JUDICIAL ETHICS
1. Sources
a. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
b. Code of Judicial Conduct
2. Qualities
a. Independence
b. Integrity
c. Impartiality
d. Propriety
e. Equality
f. Competence and Diligence
3. Discipline of Members of the Judiciary
a. Members of the Supreme Court
(1) Impeachment
b. Lower Court Judges and Justices
c. Grounds
d. Impeachment
e. Sanctions Imposed by the Supreme Court On Erring Members of the Judiciary
SYLLABUS FOR 2011 BAR EXAMINATIONS
REMEDIAL LAW
I. General Principles
A. Concept of Remedial Law
B. Substantive Law as Distinguished from Remedial Law
C. Rule-making Power of the Supreme Court
1. Limitations on the rule-making power of the Supreme Court
2. Power of the Supreme Court to amend and suspend procedural rules
D. Nature of Philippine Courts
1. Meaning of a court
2. Court as distinguished from a judge
3. Classification of Philippine courts
4. Courts of original and appellate jurisdiction
5. Courts of general and special jurisdiction
6. Constitutional and statutory courts
7. Courts of law and equity
8. Principle of judicial hierarchy
9. Doctrine of non-interference or doctrine of judicial stability
II. Jurisdiction
4. Class Suit
5. Suits against entities without juridical personality
6. Effect of death of party litigant
D. Venue
1. Venue versus Jurisdiction
2. Venue of real actions
3. Venue of personal actions
4. Venue of actions against non-residents
5. When the Rules on Venue Do not Apply
6. Effects of Stipulations on Venue
E. Pleadings
1. Kinds of Pleadings
a. Complaint
b. Answer
(1) Negative defenses
(2) Negative pregnant
(3) Affirmative Defenses
c. Counterclaims
(1) Compulsory counterclaim
(2) Permissive counterclaim
(3) Effect on the Counterclaim when the complaint is
dismissed
d. Cross-claims
e. Third (fourth, etc.) party complaints
f. Complaint-in-intervention
g. Reply
2. Pleadings allowed in small claim cases and cases covered by the rules
on summary procedure
3. Parts of a pleading
a. Caption
b. Signature and address
c. Verification and certification against forumshopping
(1) Requirements of a corporation executing the
verification/certification of non-forum shopping
d. Effect of the signature of counsel in a pleading
4. Allegations in a pleading
a. Manner of making allegations
(1) Condition precedent
(2) Fraud, mistake, malice, intent, knowledge and other
condition of the mind, judgments, official documents or
acts
b. Pleading an actionable document
c. Specific denials
(1) Effect of failure to make specific denials
(2) When a specific denial requires an oath
5. Effect of failure to plead
1. Failure to plead defenses and objections
2. Failure to plead a compulsory counterclaim and cross-claim
6. Default
g. Pro-forma motions
2. Motions for Bill of Particulars
a. Purpose and when applied for
b. Actions of the court
c. Compliance with the order and effect of noncompliance
d. Effect on the period to file a responsive pleading
3. Motion to Dismiss
a. Grounds
b. Resolution of Motion
c. Remedies of plaintiff when the complaint is dismissed
d. Remedies of the defendant when the motion is denied
e. Effect of dismissal of complaint on certain grounds
f. When grounds pleaded as affirmative defenses
g. Bar by dismissal
h. Distinguised from demurrer to evidence under Rule 33
H. Dismissal of Actions
1. Dismissal upon notice by plaintiff; Two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party complaint
I. Pre-trial
1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial in criminal case
7. Alternative Dispute Resolution (ADR)
J. Intervention
1. Requisites for intervention
2. Time to intervene
3. Remedy for the denial of motion to intervene
K. Subpoena
1. Subpoena duces tecum
2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; Contempt
5. Quashing of subpoena
L. Modes of Discovery
1. Depositions pending action; Depositions before action or pending
appeal
a. Meaning of deposition
b. Uses; Scope of examination
c. When may objections to admissibility be made
d. When may taking of deposition be terminated or its scope
limited
2. Written interrogatories to adverse parties
N. Demurrer to Evidence
1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer to evidence in a
criminal case
O. Judgments and Final Orders
1. Judgment without trial
2. Contents of a judgment
3. Judgment on the pleadings
4. Summary judgments
a. for the claimant
b. for the defendant
c. when the case not fully adjudicated
d. affidavits and attachments
5. Judgment on the pleadings versus summary judgments
6. Rendition of judgments and final orders
7. Entry of judgment and final order
P. Post Judgment Remedies
1. Motion for New Trial or reconsideration
a. Grounds
b. When to file
c. Denial of the motion; effect
4. Interpleader
a. Requisites for interpleader
b. When to file
5. Declaratory Reliefs and Similar Remedies
a. Who may file the action
b. Requisites of action for declaratory relief
c. When court may refuse to make judicial declaration
d. Conversion to ordinary action
e. Proceedings considered as similar remedies
A. Reformation of an instrument
B. Consolidation of ownership
C. Quieting of title to real property
6. Review of Judgments and Final Orders or Resolution of the COMELEC
and COA
a. Application of Rule 65 under Rule 64
b. Distinction in the application of Rule 65 to judgments of the
COMELEC and COA and the application of Rule 65 to other
tribunals, persons and officers
7. Certiorari, Prohibition and Mandamus
a. Definitions and distinctions
b. Requisites
c. When petition for certiorari, prohibition and mandamus is
proper
d. Injunctive relief
K. Guardianship
1. General powers and duties of guardians
2. Conditions of the bond of the guardian
3. Rule on Guardianship over minor
L. Adoption
1. Distinguish domestic adoption from inter-country adoption
2. Domestic Adoption Act
a. effects of adoption
b. instances when adoption may be rescinded
c. effects of rescission of adoption
3. Inter-country Adoption
a. when allowed
b. functions of the RTC
c. "best interest of the minor" standard
M. Writ of Habeas Corpus
1. Contents of the petition
2. Contents of the Return
3. Distinguish peremptory writ from preliminary citation
4. When not proper/applicable
5. When writ disallowed/discharged
6. Distinguish from writ of Amparo and Habeas Data
7. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to
Custody of Minors (AM No. 03-04-04-SC)
N. Writ of Amparo (AM No. 07-9-12-SC)
1. Coverage
2. Distinguish from habeas corpus and habeas data
3. Differences between Amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to file return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of a criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ of Amparo
O. Writ of Habeas Data (AM No. 08-1-16-SC)
1. Scope of writ
2. Availability of writ
3. Distinguish from Habeas Corpus and Amparo
4. Who may file
5. Contents of the petition
6. Contents of return
7. Instances when petition be heard in chambers
8. Consolidation
9. Effect of filing of a criminal action
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
E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a. by officer with warrant
b. by officer without warrant
c. by private person
4. Requisites of a valid warrant of arrest
5. Determination of Probable Cause for issuance of warrant of arrest
6. Distinguish probable cause of fiscal from that of a judge
F. 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 amount of bail
6. Bail when not required
7. Increase or Reduction of Bail
4. Demonstrative Evidence
5. View of an Object or Scene
6. Chain of Custody in Relation to Section 21 of the Comprehensive
Dangerous Drugs Act of 2002
7. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
a. Meaning of DNA
b. Applicable for DNA testing order
c. Post-conviction DNA testing; remedy
d. Assessment of probative value of DNA evidence and
admissibility
e. Rules on evaluation of reliability of the DNA testing
Methodology
D. Documentary Evidence
1. Meaning of Documentary Evidence
2. Requisites for Admissibility
3. Best Evidence Rule
a. Meaning of the rule
b. When applicable
c. Meaning of original
d. Requisites for introduction of secondary evidence
4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
a. Meaning of electronic evidence; electronic data massage
b. Probative value of electronic documents or evidentiary weight;
method of proof
c. Authentication of electronic documents and electronic signatures
4. Repetition of an Objection
5. Ruling
6. Striking Out of an Answer
7. Tender of Excluded Evidence
G. Supreme Court Rulings as of December 2010
VII. Revised Rules on Summary Procedure
A. Cases covered by the Rule
B. Effect of failure to answer
C. Preliminary conference and appearances of parties
VIII. Katarungang Pambarangay
A. Cases covered
B. Subject matter for amicable settlement
C. Venue
D. When parties may directly go to court
E. Execution
F. Repudiation
IX. Rule of Procedure for Small Claims Cases (AM No. 08-8-7-SC)
A. Scope and applicability of the Rule
B. Commencement of small claims action; Response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment
7. Pre-trial
8. Subsidiary liabilities
E. Evidence
1. Precautionary principle
2. Documentary evidence