Beruflich Dokumente
Kultur Dokumente
1. Congress
2. Regional/Local legislative power
3. Peoples initiative on statutes
a) Initiative and referendum
4. The President under a martial law rule or in a revolutionary government
B. Houses of Congress
1. Senate
2. House of Representatives
a) District representatives and questions of apportionment
b) Party-list system
C. Legislative privileges, inhibitions and disqualifications
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the Commission on Appointments
1. Nature
2. Powers
G. Powers of Congress
1. Legislative
a) Legislative inquiries and the oversight functions
b) Bicameral conference committee
c) Limitations on legislative power
4. Military powers
5. Pardoning power
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures
8. Delegated powers
9. Veto powers
10. Residual powers
11. Executive privilege
C. Rules of Succession
V. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence
C. Judicial restraint
D. Appointments to the Judiciary
E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction
F. Judicial privilege
1. Concept
2. Expansive concept of public use
3. Just compensation
a) Determination
b) Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract clause
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts
O. Rights of suspects
1. Availability
2. Requisites
3. Waiver
P. 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
VIII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship
X. Administrative Law
A. General principles
B. Administrative agencies
1. Definition
2. Manner of creation
3. Kinds
C. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
a) Kinds of administrative rules and regulations
b) Requisites for validity
2. Quasi-judicial (adjudicatory) power
6. Corporate powers
a) To sue and be sued
b) To acquire and sell property
c) To enter into contracts
(i) Requisites
(ii) Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
9. Succession of elective officials
10. Discipline of local officials
a) Elective officials
(i) Grounds
(ii) Jurisdiction
(iii) Preventive suspension
(iv) Removal
(v) Administrative appeal
(vi) Doctrine of condonation
b) Appointive officials
11. Recall
12. Term limits
A. Regalian doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development and utilization of natural resources
D. Franchises, authority and certificates for public utilities
E. Acquisition, ownership and transfer of public and private lands
F. Practice of professions
G. Organization and regulation of corporations, private and public
H. Monopolies, restraint of trade and unfair competition
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law
F. Treaties
G. Nationality and statelessness
1. Vienna Convention on the Law of Treaties
H. State responsibility
1. Doctrine of state responsibility
I. Jurisdiction of States
1. Territoriality principle
2. Nationality principle and statelessness
3. Protective principle
4. Universality principle
5. Passive personality principle
6. Conflicts of jurisdiction
J. Treatment of aliens
1. Extradition
a) Fundamental principles
b) Procedure
c) Distinguished from deportation
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a) Extended continental shelf
7. International Tribunal for the Law of the Sea
N. Madrid Protocol and the Paris Convention for the Protection of Industrial Property
O. International environmental law
1. Principle 21 of the Stockholm Declaration
P. International economic law
COVERAGE
LABOR LAW AND SOCIAL LEGISLATION
2015 BAR EXAMINATIONS
I. Fundamental Principles and Policies
A. Constitutional provisions
1.
Article
II,
2.
Article
III,
Secs.
Secs.
9,
1,
10,
4,
11,
7,
13,
8,
14,
10,
18,
16,
20.
18(2).
Article
Article
19
1700
3. Article 1702
C. Labor Code
1.
Article
2.
Article
3.
Article
166
4.
Article
211
5.
Article
212
6.
Article
255
7. Article 277
4. Commissions
5. Deductions from wages
6. Non-diminution of benefits
7. Facilities vs. supplements
8. Wage Distortion/Rectification
9. Divisor to determine daily rate
C. Rest Periods
1. Weekly rest day
2. Emergency rest day work
D. Holiday pay/Premium pay
1. Coverage, exclusions
2. Teachers, piece workers, takay, seasonal workers, seafarers
E. Leaves
1. Service Incentive Leave
2. Maternity Leave
3. Paternity Leave
4. Parental Leave (R.A. No. 8972)
5. Leave for Victims of Violence against Women and Children (R.A. No. 9262)
6. Special leave benefit for women
G. Service Charge Thirteenth Month Pay
H. Separation Pay
I. Retirement Pay
a. Eligibility
b. Amount
c. Retirement benefits of workers paid by results
d. Retirement benefits of part-time workers
e. Taxability
J. Women Workers
a. Provisions against discrimination
b. Stipulation against marriage
c. Prohibited acts
d. Anti-Sexual Harassment Act (R.A. No. 7877)
K. EmploymentofMinors(LaborCodeandR.A.No.7678,R.A.No.9231)
L. Househelpers (Labor Code as amended by R.A. No. 7655, An Act Increasing the Minimum
Wage of Househelpers; see also Household Service under the Civil Code)
M. Employment of Homeworkers
N. Apprentices and Learners
O. Persons with disability (R.A. No. 7277, as amended by R.A. No. 9442)
a. Definition
b. Rights of persons with disability
c. Prohibition on discrimination against persons with disability d. Incentives for employers
A. Employer-employee relationship
1. Four-fold test
2. Kinds of employment
a. Probationary
b. Regular
c. Project employment
d. Seasonal
e. Casual
f. Fixed-term
3. Job contracting
a. Articles 106 to 109 of the Labor Code
b. Department Order No. 18-A
c. Department Circular No. 01-12
d. Effects of Labor-Only Contracting
e. Trilateral relationship in job contracting
B. Dismissal from employment
1. Just Causes
2. Authorized Causes
3. Due Process
a) Twin-notice requirement
b) Hearing; meaning of opportunity to be heard
V. Management Prerogative
A. Discipline
B. Transfer of employees
C. Productivity standard
D. Grant of bonus
E. Change of working hours
F. Rules on Marriage between employees of competitor-employers
G. Post-employment ban
3. Benefits
4. Beneficiaries
B. GSIS Law (R.A. No. 8291)
1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries
C. Limited Portability Law (R.A. No. 7699)
D. Employees compensation coverage and when compensable
(i) Requirements
e) Re-run election
f) Consent election
g) Affiliation and disaffiliation of the local union from the mother union
(i) Substitutionary doctrine
h) Union dues and special assessments
(i) Requirements for validity
i) Agency fees
(j) Requisites for assessment
B. Right to collective bargaining
1. Duty to bargain collectively
a) When there is absence of a CBA
b) When there is a CBA
2. Collective Bargaining Agreement (CBA)
a) MandatoryprovisionsofCBA
(i) Grievance procedure
(ii) Voluntary arbitration
(iii) No strike-no lockout clause (iv) Labor management council
b) Duration
(i) For economic provisions
(ii) For non-economic provisions
3. Remedies
4. Certified cases
C. Bureau of Labor Relations Med-Arbiters
1. Jurisdiction (original and appellate)
D. National Conciliation and Mediation Board
1. Nature of proceedings
2. Conciliation vs. Mediation
3. Preventive mediation
E. DOLE Regional Directors
1. Jurisdiction
F. DOLE Secretary
1. Visitorial and enforcement powers
2. Power to suspend/effects of termination
3. Assumption of jurisdiction
4. Appellate jurisdiction
5. Voluntary arbitration powers
G. Grievance Machinery and Voluntary Arbitration
1. Subject matter of grievance
2. Voluntary Arbitrator
a) Jurisdiction
b) Procedure
c) Remedies
H. Court of Appeals
1. Rule 65, Rules of Court
I. Supreme Court
1. Rule 45, Rules of Court
J. Prescription of actions
COVERAGE
CIVIL LAW
2015 BAR EXAMINATIONS
I. Effect and Application of Laws (Civil Code)
Include: Conflict of Laws (Private International Law)
II. Human Relations (Arts. 19-22, Civil Code)
Exclude: Independent civil actions and prejudicial questions which will be covered by the
examinations in Remedial Law
PERSONS
I. Persons and Personality (Civil Code)
II. Marriage (Family Code)
Exclude: Muslim Code (P.D. 1083)
Exclude: Duties of a Civil Registrar under Articles 12-19, 23-25 (Family Code)
Exclude: A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages; R.A. No. 6955, entitled An Act to Declare Unlawful
the Practice of Matching Filipino Women for Marriage to Foreign Nationals on a Mail Order
Basis and Other Similar Practices x x x; R.A. No. 9208 or the Anti-Trafficking in Persons Act
of 2003
2. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors
(A.M. No. 03-04-04-SC)
3. Solo Parents Welfare Act of 2000 (R.A. No. 8972)
4. The Early Childhood Care and Development Act (R.A. No. 8980)
Exclude: R.A. No. 9231, entitled An Act Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the Working Child x x x, which will be
covered under Labor Law
Include: Child Abuse Law (R.A. No. 7610)
XI. Emancipation (Arts. 234 and 236, Family Code, as amended by R.A. No. 6809 which
lowered the age of majority)
XII. Summary Judicial Proceedings in Family Law Cases
XIII. Retroactivity of the Family Code (Art. 256)
Exclude: Arts. 254-255, 257 (Family Code)
XIV. Funerals (Arts. 305-310, Civil Code)
Exclude: Care and Education of Children (Arts. 356-363, Civil Code)
XV. Use of Surnames
Arts. 364-369, 369-380, Civil Code (other articles repealed by Family Code)
XVI. Absence (Art. 43, Civil Code; Art. 41, Family Code)
XVII. Civil Registrar
Exclude: Act No. 375 and the Implementing Rules and Regulations of R.A. No. 9048
PROPERTY
I. Characteristics
II. Classification
III. Ownership
IV. Accession
V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title to or
Interest in Real Property
VI. Co-ownership
VII. Possession
VIII. Usufruct
IX. Easements
X. Nuisance
XI. Modes of Acquiring Ownership
PRESCRIPTION
I. Definition
II. No prescription applicable
III. Prescription or limitation of actions
OBLIGATIONS
I. Definition
II. Elements of an Obligation
III. Different Kinds of Prestations
IV. Classification of Obligations
V. Sources of Obligations
VI. Nature and Effect of Obligations
VII. Kinds of Civil Obligations
CONTRACTS
I. Essential Requisites
II. Kinds of Contracts
III. Formality
IV. Defective Contracts
V. Effect of Contracts
SALES
I. Definition and Essential Requisites of a Contract of Sale
II. Parties to a Contract of Sale
III. Subject Matter
IV. Obligations of the Seller to Transfer Ownership
V. Price
VI. Formation of Contract of Sale
VII. Transfer of Ownership
VIII. Risk of Loss
IX. Documents of Title
X. Remedies of an Unpaid Seller
XI. Performance of Contract
XII. Warranties
SUCCESSION
I. General Provisions
II. Testamentary Succession
III. Legal or Intestate Succession
IV. Provisions Common to Testate and Intestate Succession
Exclude: Executors and administrators (Arts. 1058-1060, Civil Code), which will be covered
under Remedial Law
PARTNERSHIP
I. Contract of Partnership
II. Rights and Obligations of Partnership
III. Rights and Obligations of Partners Among Themselves
IV. Obligations of Partnership/Partners to Third Persons
V. Dissolution
VI. Limited Partnership
AGENCY
I. Definition of Agency
II. Powers
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
VIII. Agency by Operation of Law
IX. Rights and Obligations of Principal
X. Irrevocable Agency
XI. Modes of Extinguishment
COMPROMISE
I. Definition
II. Void Compromise
III. Effect
CREDIT TRANSACTIONS
I. Loan
II. Deposit
III. Guaranty and Suretyship
IV. Pledge
V. Real Mortgage
Include: Act 3135, as amended by R.A. No. 4118
VI. Antichresis
VII. Chattel Mortgage
Include: Act 1508
VIII. Quasi-contracts
IX. Concurrence and Preference of Credits
LEASE
I. Lease of Things
II. Lease of Work or Services
III. Lease of Rural and Urban Lands
IV. Rights and Obligations of Lessor and Lessee
V. Special Rules for Lease of Rural/Urban Lands
VI. Household Service (Exclude, for inclusion in Labor Law)
VII. Contract of Labor (Exclude, for inclusion in Labor Law)
VIII. Contract for Piece of Work (Exclude, for inclusion in Labor Law)
History
of
land
laws
partitions
4.
5.
Assurance
Registration
fund
of
patents
COVERAGE
LAW ON TAXATION
2015 BAR EXAMINATIONS
I. General Principles of Taxation
A. Definition and concept of taxation
B. Nature of taxation
C. Characteristics of taxation
D. Power of taxation compared with other powers
1. Police power
2. Power of eminent domain
E. Purpose of taxation
1. Revenue-raising
2. Non-revenue/special or regulatory
F. Principles of sound tax system
1. Fiscal adequacy
2. Administrative feasibility
3. Theoretical justice
G. Theory and basis of taxation
1. Lifeblood theory
2. Necessity theory
3. Benefits-protection theory (Symbiotic relationship)
4. Jurisdiction over subject and objects
H. Doctrines in taxation
1. Prospectivity of tax laws
2. Imprescriptibility
3. Double taxation
a) Strict sense
b) Broad sense
c) Constitutionality of double taxation d) Modes of eliminating double taxation
4. Escape from taxation
a) Shifting of tax burden
(i) Ways of shifting the tax burden
(ii) Taxes that can be shifted
(iii) Meaning of impact and incidence of taxation
b) Tax avoidance
c) Tax evasion
5. Exemption from taxation
a) Meaning of exemption from taxation
b) Nature of tax exemption
c) Kinds of tax exemption
(i) Express
(ii) Implied
(iii) Contractual
d) Rationale/grounds for exemption
e) Revocation of tax exemption
6. Compensation and set-off
7. Compromise
8. Tax amnesty
a) Definition
b) Distinguished from tax exemption
9. Construction and interpretation of:
a) Tax laws
(i) General rule
(ii) Exception
b) Tax exemption and exclusion
(i) General rule
(ii) Exception
c) Tax rules and regulations
(i) General rule only
d) Penal provisions of tax laws
e) Non-retroactive application to taxpayers
(i) Exceptions
I. Scope and limitation of taxation
1. Inherent limitations
a) Public purpose
b) Inherently legislative
(i) General rule
(ii) Exceptions
(a) Delegation to local governments
(b) Delegation to the President
(c) Delegation to administrative agencies
c) Territorial
(i) Situs of taxation
(a) Meaning
(b) Situs of income tax
(1) From sources within the Philippines
(2) From sources without the Philippines
3. License fee
4. Special assessment 5. Debt
N. Kinds of taxes 1. As to object
a) Personal, capitation, or poll tax b) Property tax
c) Privilege tax
2. As to burden or incidence
a) Direct
b) Indirect 3. As to tax rates
a) Specific
b) Ad valorem c) Mixed
4. As to purposes
a) General or fiscal
b) Special, regulatory, or sumptuary
5. As to scope or authority to impose
a) National internal revenue taxes
b) Local real property tax, municipal tax
6. As to graduation a) Progressive
b) Regressive c) Proportionate
(i) Gross income and taxable income from sources within the Philippines
(ii) Gross income and taxable income from sources without the Philippines
(iii) Income partly within or partly without the Philippines
e) Sources of income subject to tax
(i) Compensation income
(ii) Fringe benefits
(a) Special treatment of fringe benefits
(b) Definition
(c) Taxable and non-taxable fringe benefits
(iii) Professional income
(iv) Income from business
(v) Income from dealings in property
(a) Types of properties
(1) Ordinary assets
(2) Capital assets
(b) Types of gains from dealings in property
(1) Ordinary income vis--vis capital gain
(2) Actual gain vis--vis presumed gain
(3) Long term capital gain vis--vis short-term capital gain
(4) Net capital gain, net capital loss
(5) Computation of the amount of gain or loss
(c) Partnerships
(5) Personal and additional exemption (R.A. No. 9504, Minimum Wage Earner Law)
(a) Basic personal exemptions
(b) Additional exemptions for taxpayer with dependents
(c) Status-at-the-end-of-the-year rule
(d) Exemptions claimed by non-resident aliens
(6) Items not deductible
(a) General rules
(b) Personal, living or family expenses
(c) Amount paid for new buildings or for permanent improvements (capital expenditures)
(d) Amount expended in restoring property (major repairs)
(e) Premiums paid on life insurance policy covering life or any other officer or employee
financially interested
(f) Interest expense, bad debts, and losses from sales of property between related parties
(g) Losses from sales or exchange or property
(h) Non-deductible interest
(i) Nondeductible taxes
(j) Non-deductible losses
(k) Losses from wash sales of stock or securities
(7) Exempt corporations
(a) Propriety educational institutions and hospitals
(b) Government-owned or controlled corporations
(c) Others
10. Taxation of resident citizens, non-resident citizens, and resident aliens
a) General rule that resident citizens are taxable on income from all sources within and
without the Philippines
(i) Non-resident citizens
b) Taxation on compensation income
(i) Inclusions
(a) Monetary compensation
(1) Regular salary/wage
(2) Separation pay/retirement benefit not otherwise exempt
(3) Bonuses, 13th month pay, and other benefits not exempt
(4) Directors fees
(b) Non-monetary compensation
(1) Fringe benefit not subject to tax
(ii) Exclusions
(a) Fringe benefit subject to tax
(b) De minimis benefits
(c) 13th month pay and other benefits, and payments specifically excluded from taxable
compensation income
(iii) Deductions
(a) Personal exemptions and additional exemptions
(b) Health and hospitalization insurance
a) General rules
b) Cash and/or property dividends
c) Capital gains
Exclude: non-resident aliens not engaged in trade or business
12. Individual taxpayers exempt from income tax
a) Senior citizens
b) Minimum wage earners
c) Exemptions granted under international agreements
13. Taxation of domestic corporations
a) Tax payable
(i) Regular tax
(ii) Minimum Corporate Income Tax(MCIT)
(a) Imposition of MCIT
(b) Carry forward of excess minimum tax
(c) Relief from the MCIT under certain conditions
(d) Corporations exempt from the MCIT
(e) Applicability of the MCIT where a corporation is governed both under the regular tax
system and a special income tax system
b) Allowable deductions
(i) Itemized deductions
(ii) Optional standard deduction
(ii) Income derived under the expanded foreign currency deposit system
(iii) Capital gains from sale of shares of stock not traded in the stock exchange
(iv) Inter-corporate dividends
Exclude:
(i) International carrier
(ii) Offshore banking units
(iii) Branch profits remittances
(iv) Regional or area headquarters and regional operating headquarters of multinational
companies
15. Taxation of non-resident foreign corporations
a) General rule
b) Tax on certain income
(i) Interest on foreign loans (ii) Inter-corporate dividends
(iii) Capital gains from sale of shares of stock not traded in the stock exchange
Exclude:
(i) Non-resident cinematographic film-owner, lessor or distributor
(ii) Non-resident owner or lessor of vessels chartered by Philippine nationals
(iii) Non-resident owner or lessor of aircraft machineries and other equipment
16. Improperly accumulated earnings of corporations
17. Exemption from tax on corporations
18. Taxation of partnerships
6. Classification of decedent
7. Gross estate vis--vis net estate
8. Determination of gross estate and net estate
9. Composition of gross estate
10. Items to be included in gross estate
11. Deductions from estate
12. Exclusions from estate
13. Tax credit for estate taxes paid in a foreign country
14. Exemption of certain acquisitions and transmissions
15. Filing of notice of death
16. Estate tax return
C. Donors tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Requisites of valid donation
6. Transfers which may be constituted as donation
a) Sale/exchange/transfer of property for insufficient consideration
b) Condonation/remission of debt
7. Transfer for less than adequate and full consideration
8. Classification of donor
9. Determination of gross gift
10. Composition of gross gift
11. Valuation of gifts made in property
12. Tax credit for donors taxes paid in a foreign country
13. Exemptions of gifts from donors tax
14. Person liable
15. Tax basis
D. Value-Added Tax (VAT)
1. Concept
2. Characteristics/Elements of a VAT-Taxable transaction
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 zero-rated sales of goods or
properties
10. Transactions deemed sale
b. Protest of assessment
c. Claim for refund of tax credit for erroneously or illegally collected tax, fee or
charge remedies by the LGU for collection of revenues
9. Civil
a. Local governments lien for delinquent taxes, fees or charges
b. Civil remedies, in general
(i) Administrative action
(ii) Judicial action
B. Real property taxation
1. Fundamental principles
2. Nature of real property tax
3. Imposition of real property tax
a) Power to levy real property tax
b) Exemption from real property tax
4. Appraisal and assessment of real property tax
a) Rule on appraisal of real property at fair market value
b) Declaration of real property
c) Listing of real property in assessment rolls
d) Preparation of schedules of fair market value
(i) Authority of assessor to take evidence
(ii) Amendment of schedule of fair market value
B. General rule: all imported articles are subject to duty. 1. Importation by the government
taxable
C. Purpose for imposition
D. Flexible tariff clause
E. Requirements of importation
1. Beginning and ending of importation
2. Obligations of importer
a) Cargo manifest
b) Import entry
c) Declaration of correct weight or value
d) Liability for payment of duties
e) Liquidation of duties
f) Keeping of records
F. Importation in violation of tax credit certificate
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) Protest
b) Abandonment
c) Abatement and refund
COVERAGE
MERCANTILE LAW
2015 BAR EXAMINATIONS
I. Letters of Credit
in the letter of creditor drafts or shipping documents actually tallies with what was loaded
aboard a ship.
2. Fraud Exception Principle
The independence principle posits that the obligations of the parties to a letter of credit are
independent of the obligations of the parties to the underlying transaction. Thus, the
beneficiary of the letter of credit, which is able to comply with the documentary
requirements under the letter of credit, must be paid by the issuing or confirming bank,
notwithstanding the existence of a dispute between the parties to the underlying
transaction. Fraud is an exception to the independence principle.
If the beneficiary fraudulently presents to the issuing or confirming bank documents that
contain material facts that, to his knowledge, are untrue, then payment under the letter of
credit may be prevented through a court injunction.
3. Doctrine of Strict Compliance
Documents tendered must strictly conform to the terms of the letters of credit. The tender
of documents by the beneficiary must include all the documents required by the letter. A
correspondent bank which departs from what has been stipulated under the letter of credit,
as when it accepts a faulty tender, acts on its own risks and it may not thereafter be able to
recover from the buyer or the issuing bank, as the case may be, the money thus paid ti the
beneficiary.
1. Loan/Security Feature
Trust receipt is merely a collateral agreement which serves as a security for a loan with the
bank appearing as the owner of the goods..
2. Ownership of the Goods, Documents and Instruments under a Trust Receipt
B. Rights of the Entruster
1. Validity of the Security Interest as Against the Creditors of the Entrustee/Innocent
Purchasers for Value
C. Obligation and Liability of the Entrustee
1. Payment/Delivery of Proceeds of Sale or Disposition of Goods, Documents or Instruments
2. Return of Goods, Documents or Instruments in Case of Sale
3. Liability for Loss of Goods, Documents or Instruments
4. Penal Sanction if Offender is a Corporation
D. Remedies Available
E. Warehousemans Lien
Sec.27. A warehouseman shall have alien on the goods deposited or on the proceeds
thereof for
1. All lawful charges for the storage and preservation of goods
2. All lawful claims for money advanced, interest, insurance, transportation, labor ,
weighing, coopering, and other charges in relation to suh goods.
3. All reasonable charges for notice and advertisement of sale
4. Sale of goods where default has been made in satisfying the warehousemans lien.
Sec.28.A warehousemans lien may be enforced:
1. Against all goods belonging to the person whom is liable as debtor for the claims
2. Aains all goods belonging to others which have been deposited at any time by the
person who is liable as debtor for the claims
Sec.29. A warehouseman loses his lien:
1. By surrendering possession of the goods
2. By refusing to deliver the goods when a demand is made with which he is bound to
comply
F. Negotiation
1. Distinguished from Assignment
2. Modes of Negotiation
3. Kinds of Indorsements
G. Rights of the Holder
1. Holder in Due Course
2. Defenses Against the Holder
H. Liabilities of Parties
1. Maker
2. Drawer
3. Acceptor
4. Indorser
5. Warranties
I. Presentment for Payment
1. Necessity of Presentment for Payment
2. Parties to Whom Presentment for Payment Should Be Made
3. Dispensation with Presentment for Payment
4. Dishonor by Non-Payment
J. Notice of Dishonor
1. Parties to Be Notified
2. Parties Who May Give Notice and Dishonor
3. Effect of Notice
4. Form of Notice
5. Waiver
6. Dispensation with Notice
7. Effect of Failure to Give Notice
K. Discharge of Negotiable Instrument
1. Discharge of Negotiable Instrument
2. Discharge of Parties Secondarily Liable
3. Right of Party Who Discharged Instrument
4. Renunciation by Holder
L. Material Alteration
1. Concept
2. Effect of Material Alteration
M. Acceptance
1. Definition
2. Manner
3. Time for Acceptance
4. Rules Governing Acceptance
N. Presentment for Acceptance
1. Time/Place/Manner of Presentment
2. Effect of Failure to Make Presentment
3. Dishonor by Non-Acceptance
O. Promissory Notes
P. Checks
1. Definition
2. Kinds
3. Presentment for Payment
a. Time
b. Effect of Delay
2. In Property
3. Double Insurance and Over Insurance
4. Multiple or Several Interests on Same Property
F. Perfection of the Contract of Insurance
1. Offer and Acceptance/Consensual
a. Delay in Acceptance
b. 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
G. Rescission of Insurance Contracts
1. Concealment
2. Misrepresentation/Omissions
3. Breach of Warranties
H. Claims Settlement and Subrogation
1. Notice and Proof of Loss
2. Guidelines on Claims Settlement
a. Unfair Claims Settlement; Sanctions
b. Prescription of Action
c. Subrogation
V. Transportation Laws
A. Common Carriers
1. Diligence Required of Common Carriers
2. Liabilities of Common Carriers
B. Vigilance over Goods
1. Exempting Causes
a. Requirement of Absence of Negligence
b. Absence of Delay
c. Due Diligence to Prevent or Lessen the Loss
2. Contributory Negligence
3. Duration of Liability
a. Delivery of Goods to Common Carrier
b. Actual or Constructive Delivery
c. Temporary Unloading or Storage
4. Stipulation for Limitation of Liability
a. Void Stipulations
b. Limitation of Liability to Fixed Amount
c. Limitation of Liability in Absence of Declaration of Greater Value
5. Liability for Baggage of Passengers
a. Checked-In Baggage
b. Baggage in Possession of Passengers
C. Safety of Passengers
1. Void Stipulations
2. Duration of Liability
a. Waiting for Carrier or Boarding of Carrier
b. Arrival at Destination
3. Liability for Acts of Others
a. Employees
b. Other Passengers and Strangers 4. Extent of Liability for Damages
D. Bill of Lading
1. Three-Fold Character
2. Delivery of Goods
a. Period of Delivery
b. Delivery Without Surrender of Bill of Lading
c. Refusal of Consignee to Take Delivery
3. Period for Filing Claims
4. Period for Filing Actions
E. Maritime Commerce
1. Charter Parties
a. Bareboat/Demise Charter
b. Time Charter
c. Voyage/Trip Charter
6. Articles of Incorporation
a. Nature and Function of Articles
b. Contents
c. Amendment
d. Non-Amenable Items
7. Registration and Issuance of Certificate of Incorporation
8. Adoption of By-Laws
a. Nature and Functions of By-Laws
b. Requisites of Valid By-Laws
c. Binding Effects
d. Amendment or Revision
F. Corporate Powers
1. General Powers, Theory of General Capacity
2. Specific Powers, Theory of Specific Capacity
a. Power to Extend or Shorten Corporate Term
b. Power to Increase or Decrease Capital Stock or Incur, Create, Increase Bonded
Indebtedness
c. Power to Deny Pre-Emptive Rights
d. Power to Sell or Dispose of Corporate Assets
e. Power to Acquire Own Shares
f. Power to Invest Corporate Funds in Another Corporation or Business g. Power to Declare
Dividends
11. Contracts
a. By Self-Dealing Directors with the Corporation
b. Between Corporations with Interlocking Directors
c. Management Contracts
12. Executive Committee
13. Meetings
a. Regular or Special
i. When and Where
ii. Notice
b. Who Presides
c. Quorum
d. Rule on Abstention
H. Stockholders and Members
1. Rights of a Stockholder and Members
a. Doctrine of Equality of Shares
2. Participation in Management
a. Proxy
b. Voting Trust
c. Cases When Stockholders Action is Required
i. By a Majority Vote
ii. By a Two-Thirds Vote
I. Capital Structure
1. Subscription Agreements
2. Consideration for Stocks
3. Shares of Stock
a. Nature of Stock
b. Subscription Agreements
c. Consideration for Shares of Stock
d. Watered Stock
i. Definition
ii. Liability of Directors for Watered Stocks
iii. Trust Fund Doctrine for Liability for Watered Stocks
e. Situs of the Shares of Stock
f. Classes of Shares of Stock
4. Payment of Balance of Subscription
a. Call by Board of Directors
b. Notice Requirement
c. Sale of Delinquent Shares
i. Effect of Delinquency
ii. Call by Resolution of the Board of Directors
iii. Notice of Sale
iv. Auction Sale and the Highest Bidder
5. 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. Lost or Destroyed Certificates
6. Stock and Transfer Book
a. Contents
b. Who May Make Valid Entries
7. Disposition and Encumbrance of Shares
a. Allowable Restrictions on the Sale of Shares
b. Sale of Partially Paid Shares
c. Sale of a Portion of Shares Not Fully Paid
d. Sale of All of Shares Not Fully Paid
e. Sale of Fully Paid Shares
f. Requisites of a Valid Transfer
g. Involuntary Dealings with Shares
J. Dissolution and Liquidation
1. Modes of Dissolution
a. Voluntary
i. Where No Creditors Are Affected
ii. Where Creditors Are Affected
iii. By Shortening of Corporate Term
b. Involuntary
i. By Expiration of Corporate Term
ii. Failure to Organize and Commence Business Within 2 Years from Incorporation
iii. Legislative Dissolution
iv. Dissolution by the SEC on Grounds under Existing Laws
2. Methods of Liquidation
a. By the Corporation Itself
b. Conveyance to a Trustee within a Three-Year Period
c. By Management Committee or Rehabilitation Receiver
d. Liquidation after Three Years
K. Other Corporations
1. Close Corporations
a. Characteristics of a Close Corporation
b. Validity of Restrictions on Transfer of Shares
c. Issuance or Transfer of Stock in Breach of Qualifying Conditions
d. When Board Meeting is Unnecessary or Improperly Held
e. Pre-Emptive Right
f. Amendment of Articles of Incorporation
g. Deadlocks
2. Non-Stock Corporations
a. Definition
b. Purposes
c. Treatment of Profits
d. Distribution of Assets upon Dissolution
3. Religious Corporations Exclude
4. Foreign Corporations
a. Bases of Authority over Foreign Corporations
i. Consent
ii. Doctrine of Doing Business (related to definition under the Foreign Investments Act,
R.A. No. 7042)
b. Necessity of a License to Do Business i. Requisites for Issuance of a License ii. Resident
Agent
c. Personality to Sue
d. Suability of Foreign Corporations
e. Instances When Unlicensed Foreign Corporations May Be Allowed to Sue Isolated
Transactions
f. Grounds for Revocation of License
L. Mergers and Consolidations
4. Exceptions
5. Garnishment of Deposits, including Foreign Deposits
C. General Banking Law of 2000 (R.A. No. 8791)
1. Definition and Classification of Banks
2. Distinction of Banks from Quasi-Banks and Trust Entities
3. Bank Powers and Liabilities
a. Corporate Powers
b. Banking and Incidental Powers
4. Diligence Required of Banks Relevant Jurisprudence
5. Nature of Bank Funds and Bank Deposits
6. Stipulation on Interests
7. Grant of Loans and Security Requirements
a. Ratio of Net Worth to Total Risk Assets
b. Single Borrowers Limit
c. Restrictions on Bank Exposure to DOSRI (Directors, Officers, Stockholders and their
Related Interests)
B. Patents
1. Patentable Inventions
2. Non-Patentable Inventions
3. Ownership of a Patent
a. Right to a Patent
b. First-to-File Rule
c. Inventions Created Pursuant to a Commission
d. 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
a. Prior User
b. Use by the Government
8. Patent Infringement
a. Tests in Patent Infringement
i. Literal Infringement
ii. Doctrine of Equivalents
b. Defenses in Action for Infringement
9. Licensing
a. Voluntary
b. Compulsory
10. Assignment and Transmission of Rights
C. Trademarks
1. Definition of Marks, Collective Marks, Trade Names
2. Acquisition of Ownership of Mark
3. Acquisition of Ownership of Trade Name
4. Non-Registrable Marks
5. Prior Use of Mark as a Requirement
6. Tests to Determine Confusing Similarity between Marks
a. Dominancy Test
b. Holistic Test
7. Well-Known Marks
8. Rights Conferred by Registration
9. Use by Third Parties of Names, etc. Similar to Registered Mark
10. Infringement and Remedies
a. Trademark Infringement
b. Damages
c. Requirement of Notice
11. Unfair Competition
12. Trade Names or Business Names
13. Collective Marks
D. Copyrights
1. Basic Principles, Sections 172.2, 175 and 181
2. Copyrightable Works
a. Original Works
b. Derivative Works
3. Non-Copyrightable Works
4. Rights of Copyright Owner
5. Rules on Ownership of Copyright
6. Limitations on Copyright
a. Doctrine of Fair Use
b. Copyright Infringement
E. Rules of Procedure for Intellectual Property Rights Cases (A.M. No. 10-3-10-SC)
X. Special Laws
A. The Chattel Mortgage Law and Real Estate Mortgage Law (Excluded and made a part of
Civil Law coverage)
B. Anti-Money Laundering Act (R.A. No. 9160, as amended by R.A. No. 9194)
1. Policy of the Law
2. Covered Institutions
3. Obligations of Covered Institutions
4. Covered Transactions
5. Suspicious Transactions
COVERAGE
CRIMINAL LAW
2015 BAR EXAMINATIONS
I. Revised Penal Code (RPC) and related Special Laws
A. Book 1 (Articles 1-99, RPC; exclude the provisions on civil liability)
1. Fundamental principles
a) Definition of Criminal Law
(i) Mala in Se and Mala Prohibita
(ii) Construction of penal laws
b) Scope of application and characteristics of Philippine criminal law
(i) Generality
(ii) Territoriality
(iii) Prospectivity
(a) Effects of repeal/amendment of penal law
c) Constitutional limitations on the power of Congress to enact penal laws
(i) Equal protection
(ii) Due process
(iii) Non-imposition of cruel and unusual punishment or excessive fines
(a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. No. 9346)
(iv) Bill of attainder
(v) Ex post facto law
2. Felonies
a) Classifications of felonies
b) Elements of criminal liability
c) Impossible crime
d) Stages of execution
(g) Offenses not applicable to children under Sec. 58 of R.A. No. 9344
c) Mitigating circumstances
d) Aggravating circumstances
(i) Generic
(ii) Qualifying
(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. No. 8294) as an aggravating circumstance
(b) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)
(i) As a qualifying aggravating circumstance
(ii) Immunityfromprosecutionandpunishment,coverage
(iii) Minor offenders
(iv) Application/Non- application of RPC provisions (Sec. 98, R.A. No. 9165) provisions (Sec.
98) cf. Art. 10, RPC
e) Alternative circumstances
f) Absolutory cause
4. Persons criminally liable/Degree of participation
a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders
(P.D. 1829)
(i) Punishable acts
(ii) Compare with Art. 20, RPC (accessories exempt from criminal liability)
5. Penalties
a) General principles
(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. No. 9346)
b) Purposes
c) Classification
d) Duration and Effect
e) Application
(i) Indeterminate Sentence Law (R.A. No. 4103, as amended)
(a) Application on the imposed sentence
(b) Coverage
(c) Conditions of parole
(ii) Three-fold rule
(iii) Subsidiary imprisonment
f) Execution and service
(i) Probation Law (P.D. 968, as amended)
(a) Definition of terms
(b) Purpose
(c) Grant of probation, manner and conditions
(d) Criteria of placing an offender on probation
(e) Disqualified offenders
(f) Period of probation
(g) Arrest of probationer
Juvenile
Justice
and
Welfare
Act
of
2006
(R.A.
No.
9344);
also
P.D.1602Anti-GamblingActasamendedbyR.A.9287IllegalNumbers
Game
which
(iii) Plunder
(iv) Series/Combination
(v) Pattern
c) Human Security Act of 2007 (R.A. No. 9372)
(i) Failure to deliver suspect to proper judicial authority
(ii) Infidelityinthecustodyofdetainedpersons
(iii) False prosecution
8. Crimes Against Persons (Articles 246-266) Include:
a) Anti-Violence against Women and their Children Act of 2004 (R.A. No. 9262)
(i) Punishable acts
b) Anti-Child Pornography Act of 2009 (R.A. No. 9775)
(i) Definition of terms
(ii) Unlawful or punishable acts
c) Anti-Hazing Law (R.A. No. 8049)
(i) Hazing
(a) Definition
(b) Allowed initiation rites
(ii) Who are liable
(iii) Punishable acts
d) Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
(R.A. No. 7610, as amended)
(i) Coverage
(ii) Childprostitution,punishableacts
(iii) Child trafficking, punishable acts
e) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344), as further amended by the Act
Strengthening the Juvenile Justice System in the Philippines (R.A. No. 10630). Read in
relation with the Child and Youth Welfare Code (P.D. 603, as amended)
(i) Punishable acts
f) Human Security Act of 2007 (R.A. No. 9372)
(i) Punishable acts of terrorism
(ii) Whoareliable
9. Crimes Against Personal Liberty and Security (Articles 267-292) Include:
a) Anti-Wire Tapping Act (R.A. No. 4200)
(i) Punishable acts
(ii) Exceptions
b) Human Security Act of 2007 (R.A. No. 9372)
(i) Surveillance of suspects and interception and recording of communications
(ii) Restrictionontravel
(iii) Examination of bank deposits and documents
(a) Judicial Authorization
(b) Application
(iv) Unauthorized revelation of classified materials
c) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208) (i) Punishable acts
COVERAGE
REMEDIAL LAW
2015 BAR EXAMINATIONS
1. General Principles
1.1. Concept of remedial law
1.2. Substantive law vis--vis remedial law
1.3. Rule-making power of the Supreme Court
1.3.1 Limitations on the rule-making power of the Supreme Court
1.3.2. Power of the Supreme Court to amend and suspend procedural rules
1.4. Nature of Philippine courts
1.4.1. Meaning of a court
1.4.2. Court as distinguished from a judge
1.4.3. Classification of Philippine courts
1.4.4. Courts of original and appellate jurisdiction
2. Jurisdiction
2.1 Over the parties
2.1.1. How jurisdiction over the plaintiff is acquired
2.1.2. How jurisdiction over the defendant is acquired
2.2 Over the subject matter
2.2 1. Meaning of jurisdiction over the subject matter
2.2 2. Jurisdiction versus the exercise of jurisdiction
2.2 3. Error of jurisdiction as distinguished from error of judgment
2.2 4. How jurisdiction is conferred and determined
2.2 5. Doctrine of primary jurisdiction
2.2 6. Doctrine of adherence of jurisdiction
2.2 7. Objections to jurisdiction over the subject matter
2.2 8. Effect of estoppel on objections to jurisdiction
2.3 Over the issues
2.4 Over the res or property in litigation
2.5 Jurisdiction of courts
3. Civil Procedure
3.1. Actions
3.1.1. Meaning of ordinary civil actions
3.1.2. Meaning of special civil actions
3.1.3. Meaning of criminal actions
3.1.4. Civil actions versus special proceedings
3.1.5. Personal actions and real actions
3.1.6. Local and transitory actions
3.1.7. Actions in rem, in personam and quasi in rem
3.1.8. Independent Civil Actions
3.6. Summons
3.6.1. Nature and purpose of summons in relation to actions in personam, in rem and quasi
in rem
3.6.2. Voluntary appearance
3.6.3. Personal service
3.6.4. Substituted service
3.6.5. Constructive service (by publication)
a) Service upon a defendant where his identity is unknown or his whereabouts are unknown
b) Service upon residents temporarily outside the Philippines
3.6.6. Extra-territorial service, when allowed
3.6.7. Service upon prisoners and minors
3.6.8. Proof of service
3.7. Motions
3.7.1. Motions in general
a) Definition of a motion
b) Motions versus pleadings
c) Contents and forms of motions
d) Notice of hearing and hearing of motions
e) Omnibus motion rule
f) Litigated and ex parte motions
g) Pro-forma motions
Grounds
for
availing
of
the
remedy
b)
Time
to
file
petition
c) Contents of petition
3.16.4. Annulment of judgments or final orders and resolutions
a) Grounds for annulment
b) Period to file action
c) Effects of judgment of annulment
3.16.5. Collateral attack of judgments
3.17. Execution, satisfaction and effect of judgments
3.17.1. Difference between finality of judgment for purposes of appeal; for purposes of
execution
3.17.2. When execution shall issue
a) Execution as a matter of right
b) Discretionary execution
3.17.3. How a judgment is executed
Cases
when
receiver
may
be
appointed
b)
Requisites
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
3.19.7. Certiorari, prohibition and mandamus
a) Definitions and distinctions
i. Certiorari distinguished from appeal by certiorari
ii. Prohibition and mandamus distinguished from injunction
b) Requisites
c) When petition for certiorari, prohibition and mandamus is proper
d) Injunctive relief
e) Exceptions to filing of motion for reconsideration before filing petition
f) Reliefs petitioner is entitled to
g) Actions/omissions of MTC/RTC in election cases
h) When and where to file petition
i) Effects of filing of an unmeritorious petition
3.19.8. Quo warranto
a) Distinguish from quo warranto in the Omnibus Election Code
b) When government may commence an action against individuals
c) When individual may commence an action
d) Judgment in quo warranto action
e) Rights of a person adjudged entitled to public office
3.19.9. Expropriation
a) Kinds of contempt
b) Purpose and nature of each
c) Remedy against direct contempt; penalty
d) Remedy against indirect contempt; penalty
e) How contempt proceedings are commenced
f) Acts deemed punishable as indirect contempt
g) When imprisonment shall be imposed
h) Contempt against quasi-judicial bodies
4. Special Proceedings
4.1. Settlement of estate of deceased persons, venue and process
4.1. 1. Which court has jurisdiction
4.1. 2. Venue in judicial settlement of estate
4.1. 3. Extent of jurisdiction of probate court
4.1.4. Powers and duties of probate court
4.2. Summary settlement of estates
4.2.1. Extrajudicial settlement by agreement between heirs, when allowed
4.2.2. Two-year prescriptive period
4.2.3. Affidavit of self-adjudication by sole heir
4.2.4. Summary settlement of estates of small value, when allowed
4.2.5. Remedies of aggrieved parties after extrajudicial settlement of estate
4.3. Production and probate of will
5. Criminal Procedure
5.1. General matters
5.1.1. Distinguish jurisdiction over subject matter from jurisdiction over person of
the accused
5.1.2. Requisites for exercise of criminal jurisdiction
5.1.3. Jurisdiction of criminal courts
Requisites
before
new
trial
may
be
granted
on
ground
of
newly-
discovered evidence
5.13.4. Effects of granting a new trial or reconsideration
5.13.5. Application of Neypes doctrine in criminal cases
5.14. Appeal
5.14.1. Effect of an appeal
5.14.2. Where to appeal
5.14.3. How appeal taken
5.14.4. Effect of appeal by any of several accused 5.14.5. Grounds for dismissal of appeal
5.15. Search and seizure
5.15.1. Nature of search warrant
5.15.2. Distinguish from warrant of arrest
6. Evidence
6.1. General principles
6.1.1. Concept of evidence
6.1.2. Scope of the Rules on Evidence
g) Admission by silence
h) Confessions
i) Similar acts as evidence
6.5.6. Hearsay Rule
a) Meaning of hearsay
b) Reason for exclusion of hearsay evidence
c) Exceptions to the hearsay rule
i. Dying declaration
ii. Declaration against interest
iii. Act or declaration about pedigree
iv. Family reputation or tradition regarding pedigree
v. Common reputation
vi. Part of the res gestae
vii. Entries in the course of business
viii. Entries in official records
ix. Commercial lists and the like
x. Learned treaties
xi. Testimony or deposition at a former trial
6.5.7. Opinion rule
a) Opinion of expert witness
b) Opinion of ordinary witness
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness