Beruflich Dokumente
Kultur Dokumente
Political and
International Law
Political and
International Law
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
VI. Constitutional
Commissions
A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Prohibited ofces and interests
D. Jurisdiction of each constitutional commission
E. Review of final orders, resolutions and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions
Political and
International Law
protection
Concept
Requisites for valid classification
Standards of judicial
review a) Rational
Basis Test
b) Strict Scrutiny Test
c) Intermediate Scrutiny Test
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
7. Right to speedy, impartial and public trial
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of habeas corpus
R. Writs of amparo, habeas data, and kalikasan
S. Self-incrimination clause
1. Scope and
coverage
a) Foreign
laws
2. Application
3. Immunity statutes
T. Involuntary servitude and political prisoners
U. Excessive fines and cruel and inhuman punishments
V. Non-imprisonment for debts
W. Double jeopardy
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder
VIII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship
ns
b) Judicial review in administrative
proceedings c) Judicial review in penal
proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits
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
a) Administrative due
process
b) Administrative appeal
and review c)
Administrative res judicata
3. Fact-finding, investigative, licensing and rate-fixing powers
D. Judicial recourse and review
1. Doctrine of primary administrative jurisdiction
2. Doctrine of exhaustion of administrative remedies
3. Doctrine of finality of administrative action
XI. Election Law
A. Suffrage
B. Qualification and disqualification of voters
C. Registration of voters
D. Inclusion and exclusion proceedings
E. Political parties
1. Jurisdiction of the COMELEC over political parties
2. Registration
F. Candidacy
1. Qualifications of candidates
2. Filing of certificates of
candidacy a) Effect
of filing
b) Substitution of candidates
c) Ministerial duty of COMELEC to receive
certificate d) Nuisance candidates
e) Petition to deny or cancel certificates of
candidacy f) Effect of disqualification
g) Withdrawal of candidates
G. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers
1. Composition
2. Powers
I. Remedies and jurisdiction in election law
1. Petition not to give due course to or cancel a certificate of
candidacy
2. Petition for disqualification
3. Petition to declare failure of elections
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto
J. Prosecution of election offenses (EXCLUDE: penal provisions)
INCLUDE THE FOLLOWING LAWS:
1. Omnibus Election Code of the Philippines (B.P. Blg. 881 as
amended)
2. Election Automation Law (R.A. No. 8436 as amended by R.A. No.
9369)
XII. Local
Governments
A. Public corporations
1. Concept
a) Distinguished from government-owned or controlled
corporations
2. Classifications
a) Quasi-corporations
b) Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
6. Conficts of jurisdiction
J. Treatment of aliens
1. Extradition
a) Fundamental
principles b)
Procedure
c) Distinguished from deportation
K. International Human Rights Law
1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
L. International Humanitarian Law and neutrality
1. Categories of armed conficts
a) International armed conficts
b) Internal or non-international
armed confict c) War of national
liberation
2. Core international obligations of states in International
Humanitarian Law
3. Principles of International
Humanitarian Law a) Treatment
of civilians
b) Prisoners of war
4. Law on neutrality
M. Law of the sea
1. Baselines
2. Archipelagic states
a) Straight archipelagic
baselines b) Archipelagic
waters
c) Archipelagic sea lanes passage
3. Internal waters
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
IMPORTANT
NOTES:
1. This listing of covered topics is not intended and should not be
used by the law schools as a course outline. This was drawn up
for the limited purpose of ensuring that Bar candidates are
guided on the coverage of the 2016 Bar Examinations.
2. All Supreme Court decisions - pertinent to a given Bar subject
and its listed topics, and promulgated up to May 31, 2015 are examinable materials within the coverage of the 2016 Bar
Examinations.
COVERAGE
H. Separation Pay
I.
Retirement
Pay a.
Eligibili
ty
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. Employment of Minors (Labor Code and R.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
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; non-compete and confidentiality clauses
IMPORTANT NOTES:
1. This listing of covered topics is not intended and should not be
used by the law schools as a course outline. This was drawn up
for the limited purpose of ensuring that Bar candidates are
guided on the coverage of the 2016 Bar Examinations.
2. All Supreme Court decisions - pertinent to a given Bar subject
and its listed topics, and promulgated up to May 31, 2015 - are
examinable materials within the coverage of the 2016 Bar
Examinations.
COVER
AGE
CIVIL
LAW
2016 BAR
EXAMINATIONS
I.
II.
PERSONS
I.
Persons and Personality (Civil
Code)
II.
III.
IV.
V.
Property Relations of the Spouses
(Family Code)
VI.
VII.
The Family
Paternity and Filiation (Family Code)
VIII. Adoption
A. Domestic Adoption Act of 1998 (R.A.
No. 8552)
[Exclude:
1. Rule on Adoption (A.M. No. 02-6-02-SC )
2. R.A. No. 9523, entitled An Act Requiring Certification of the
Department of
Social Welfare and Development to Declare a Child Legally
Available for
Adoption as a Prerequisite for Adoption Proceedings x x x.]
B. Inter-Country Adoption Act of 1995 (R.A. No. 8043)
[Exclude: Articles 183-188, 191-193 (Family Code)]
IX.
X.
XI.
XII.
XIV.
Use of Surnames
Arts. 364-369, 369-380, Civil Code (other articles repealed by Family Code)
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.
Coownership
VII.
Possession
VIII. Usufruct
IX.
Easements
X.
Nuisance
XI.
I.
Definition
II.
No prescription applicable
III.
OBLIGATIONS
I.
Definition
II.
Elements of an Obligation
III.
IV.
Classification of Obligations
V.
Sources of Obligations
VI.
CONTRACTS
I.
Essential Requisites
II.
Kinds of Contracts
III.
Formality
IV.
Defective Contracts
V.
Efect of Contracts
SALES
I.
II.
III.
Subject Matter
IV.
V.
Price
VI.
VII.
Transfer of Ownership
Documents of Title
X.
XI.
Performance of Contract
XII.
Warranties
XV.
The Subdivision and Condominium Buyers' Protective
Decree (P.D. 957)
XVI.
SUCCESSION
I.
II.
General Provisions
Testamentary Succession
III.
IV.
PARTNERSHIP
I.
Contract of Partnership
II.
III.
IV.
V.
Dissolution
VI.
Limited Partnership
AGENCY
I.
Definition of Agency
II.
Powers
III.
IV.
Agency by Estoppel
V.
VI.
VII.
X.
Irrevocable Agency
XI.
Modes of Extinguishment
COMPROMISE
I.
Definition
II.
Void Compromise
III.
Efect
CREDIT TRANSACTIONS
I.
Loan
II.
Deposit
III.
IV.
Pledge
V.
Real Mortgage
Include: Act 3135, as amended by R.A. No. 4118
VI.
VII.
Antichresis
Chattel Mortgage
Include: Act 1508
VIII. Quasi-contracts
IX.
LEASE
I.
Lease of Things
II.
III.
IV.
V.
DEEDS
I.
Torrens System
II.
Regalian Doctrine
III.
Citizenship Requirement
IV.
Original Registration
V.
Subsequent Registration
VI.
Non-registrable Properties
VII.
I.
Principles
II.
Classification of Torts
III.
The Tortfeasor
IV.
V.
Proximate Cause
VI.
Legal Injury
VII.
Intentional Torts
VIII. Negligence
IX.
X.
Strict Liability
Book II--Damages
I.
II.
General Considerations
Actual and Compensatory Damages
III.
Moral Damages
IV.
Nominal Damages
V.
VI.
Liquidated Damages
VII.
Graduation of Damages
X.
Miscellaneous Rules
IMPORTANT NOTES:
1
COVERAGE
LAW ON TAXATION
2016 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
4. Refund
K. Definition, nature, and characteristics of taxes
L. Requisites of a valid tax
M. Tax as distinguished from other forms of exactions
1. Tarif
2. Toll
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
graduatio
n
a)
Progressi
ve
b)
Regressiv
e
c) Proportionate
II. National Internal Revenue Code (NIRC) of 1997, as amended
A. Income taxation
1. Income tax systems
a) Global tax system
b) Schedular tax system
c) Semi-schedular or semi-global tax system
2. Features of the Philippine income tax law
a) Direct tax
b) Progressive
c) Comprehensive
d) Semi-schedular or semi-global tax system
3. Criteria in imposing Philippine
income tax
a) Citizenship principle
b) Residence
principle c)
Source principle
4. Types of Philippine income tax
5. Taxable period
a) Calendar
period
b) Fiscal
period
c) Short period
6. Kinds of taxpayers
a) Individual taxpayers
(i) Citizens
(a) Resident citizens
(b) Non-resident citizens
(ii) Aliens
(a) Resident aliens
(b) Non-resident aliens
(1) Engaged in trade or business
(2) Not engaged in trade or business
(iii) Special class of individual employees
(a) Minimum wage
earner b) Corporations
(i) Domestic corporations
(ii) Foreign corporations
(a) Resident foreign corporations
(b) Non-resident foreign corporations
(iii) Joint venture and
consortium
c) Partnerships
d) General professional
partnerships
e) Estates and trusts
f) Co-ownerships
7. Income
taxation
a)
Definitio
n
b) Nature
c) General principles
8. Income
a)
Definiti
on
b)
Nature
c) When income is taxable
(i) Existence of income
(ii) Realization of income
(a) Tests of realization
(b) Actual vis--vis constructive receipt
(iii) Recognition of income
[Exclude: Methods of accounting]
d) Tests in determining whether income is earned for tax purposes
(i) Realization test
(ii) Claim of right doctrine or doctrine of ownership, command, or
control
(iii) Economic benefit test, doctrine of proprietary interest
(iv) Severance test
(v) All events test
9. Gross
income
a)
Definiti
on
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
(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
(2)
Dividen
ds
(3)
Services
(4)
Rentals
(5)
Royaltie
s
(6) Sale of real property
(7) Sale of personal property
(8) Shares of stock of domestic corporation
(f) Situs of income taxation (see page 2 under inherent
limitations, territorial)
(g) Exclusions from gross
income
(1) Rationale for the exclusions
(2) Taxpayers who may avail of the exclusions
(3) Exclusions distinguished from deductions and tax
credit
(4) Under the Constitution
(a) Income derived by the government or its political
subdivisions from the exercise of any essential
governmental function
(5) Under the Tax Code
(a) Proceeds of life insurance policies
(b) Return of premium paid
(c) Amounts received under life insurance,
endowment or annuity contracts
(d) Value of property acquired by gift, bequest,
devise or descent
(e) Amount received through accident or health
insurance
(f) Income exempt under tax treaty
(g) Retirement benefits, pensions, gratuities, etc.
(h) Winnings, prizes, and awards, including
those in sports competition
(6) Under special laws
(a) Personal Equity and Retirement Account
(h) Deductions from gross
income
(1) General rules
(a) Deductions must be paid or incurred in
connection with the taxpayers trade,
business or profession
(b) Deductions must be supported by adequate
receipts or invoices (except standard
deduction)
(c) Additional requirement relating to withholding
(2) Return of capital (cost of sales or services)
(d) Losses
(1) Requisites for
deductibility
(2) Other types of
losses
(a) Capital
losses
(b) Securities becoming worthless
(c) Losses on wash sales of stocks or securities
(d) Wagering
losses
(e) Net Operating Loss Carry-Over
(NOLCO)
(e) Bad debts
(1) Requisites for
deductibility
(2) Efect of recovery of bad debts
(f) Depreciation
(1) Requisites for
deductibility
(2) Methods of computing depreciation allowance
(a) Straight-line
method
(b) Declining-balance method
(c) Sum-of-the-years-digit method
[Exclude: Computation of depreciation
allowance]
(g) Charitable and other contributions
(1) Requisites for
deductibility
(2) Amount that may be deducted
(h) Contributions to pension trusts
(1) Requisites for
deductibility
(i) Deductions under special laws
(4) Optional standard deduction
(a) Individuals, except non-resident aliens
(b) Corporations, except non-resident foreign
corporations
(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)
16.
17.
18.
19.
20.
B. Estate tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Time and transfer of properties
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 insufcient
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 efectively zero-rated
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 business
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. VAT exempt transactions
a) VAT exempt transactions, in general
12. Refund or tax credit of excess input tax
a) Who may claim for refund/apply for issuance of tax
credit certificate
b) Period to file claim/apply for issuance of tax credit
certificate
c) Manner of giving refund
d) Destination principle or cross-border doctrine
[Exclude:
(i) Change or cessation of status as VAT-registered person
(ii) VAT on importation of goods
(iii) VAT on sale of service and use or lease of properties
(iv) Zero-rated sale of services
(v) Input tax and output tax, defined
(vi) Sources of input tax
(vii) Persons who can avail of input tax credit
(viii) Determination of output/input tax; VAT payable;
excess input tax credits
(ix) Substantiation of input tax credits
(x) Invoicing requirements
(xi) Filing of return and payment
(xii) Withholding of final VAT on sales to government]
E. Tax remedies under
the NIRC
1. Taxpayers
remedies
a) Assessment
(i) Concept of assessment
(a) Requisites for valid assessment
(b) Constructive methods of income determination
(c) Inventory method for income determination
(d) Jeopardy assessment
(e) Tax delinquency and tax deficiency
(ii) Power of the Commissioner to make assessments and
prescribe additional requirements for tax administration and
enforcement
(a) Power of the Commissioner to obtain
information, and to summon/examine, and
take testimony of persons
(iii) When assessment is made
(a) Prescriptive period for assessment
(1) False, fraudulent, and non-filing of
returns
(b) Suspension of running of statute of limitations
(iv) General provisions on additions
to the tax
(a) Civil penalties
(b) Interest
(c) Compromise penalties
(v) Assessment process
(a) Tax audit
(b) Notice of informal conference
(c) Issuance of preliminary assessment notice
(d) Exceptions to issuance of preliminary assessment notice
(e) Reply to preliminary assessment notice
of taxes
a) Compromise
b) Abatement
F. Organization and Function of the Bureau of Internal Revenue
1. Rule-making authority of the Secretary of Finance
a) Authority of Secretary of Finance to promulgate rules
and regulations
b) Specific provisions to be contained in rules and
regulations
c) Non-retroactivity of rulings
2. Power of the Commissioner to suspend the business operation of a
taxpayer
III. Local Government Code of 1991, as
amended
A. Local government taxation
1. Fundamental principles
2. Nature and source of taxing power
a) Grant of local taxing power under the local
government code
b) Authority to prescribe penalties for tax violations
c) Authority to grant local tax
exemptions
d) Withdrawal of exemptions
e) Authority to adjust local tax rates
f) Residual taxing power of local
governments
g) Authority to issue local tax
ordinances
3. Local taxing authority
a) Power to create revenues exercised through Local
Government Units
b) Procedure for approval and efectivity of tax ordinances
4. Scope of taxing power
5. Specific taxing power of Local
Government Units
a) Taxing powers of provinces
(i)
Tax on transfer of real property
ownership
(ii) Tax on business of printing and
publication
(iii) Franchise tax
(iv) Tax on sand, gravel and other quarry
services
(v)
Professional
tax
(vi) Amusement tax
(vii) Tax on delivery
truck/van
b) Taxing powers of cities
c) Taxing powers of municipalities
(i) Tax on various types of businesses
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
(i) Transaction value
(ii) Transaction value of
identical goods
(iii) Transaction value of similar
goods
(iv) Deductive value
(v) Computed value
(vi) Fallback
value
b) Specific
2. Special duties
a) Dumping duties
b) Countervailing
duties
c) Marking duties
d)
Retaliatory/discriminatory
duties
e) Safeguard
I. Remedies
1. Government
a) Administrative/extrajudicial
(i) Search, seizure,
forfeiture, arrest
b) Judicial
(i) Rules on appeal including jurisdiction
2. Taxpayer
a) Protest
b) Abandonment
c) Abatement and refund
V. Judicial Remedies (R.A. No. 1125, 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
b) Exclusive appellate jurisdiction in criminal cases
B. Judicial procedures
1. Judicial action for collection
of taxes a) Internal
revenue taxes
b) Local taxes
(i) Prescriptive period
2. Civil cases
a) Who may appeal, mode of appeal, efect of appeal
(i) Suspension of collection of tax
a) Injunction not available to restrain collection
(ii) Taking of evidence
(iii) Motion for reconsideration or
new trial
b) Appeal to the CTA, en banc
c) Petition for review on certiorari to the Supreme Court
3. Criminal cases
a) Institution and prosecution of criminal actions
(i) Institution of civil action in
criminal action
b) Appeal and period to appeal
(i) Solicitor General as counsel for the people and
government ofcials sued in their ofcial capacity
c) Petition for review on certiorari to the Supreme Court
C. Taxpayers suit impugning the validity of tax measures or acts of taxing
authorities
1. Taxpayers suit, defined
2. Distinguished from citizens suit
3. Requisites for challenging the constitutionality of a tax measure
or act of taxing authority
a) Concept of locus standi as applied in taxation
b) Doctrine of transcendental
importance c) Ripeness for
judicial determination
IMPORTANT NOTES:
1
COVERAGE
MERCANTILE LAW
2016 BAR EXAMINATIONS
I. Letters of Credit
A. Definition and Nature of Letter of Credit
B. Parties to a Letter of Credit
1. Rights and Obligations of Parties
C. Basic Principles of Letter of Credit
1. Doctrine of Independence
2. Fraud Exception Principle
3. Doctrine of Strict Compliance
3. Efect of Notice
4. Form of Notice
5. Waiver
6. Dispensation with Notice
7. Efect 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. Efect 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. Efect 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. Efect of Delay
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
2. Liability of Ship Owners and Shipping
Agents
a. Liability for Acts of Captain
b. Exceptions to Limited Liability
3. Accidents and Damages in Maritime
Commerce
a. General Average
b. Collisions
4. Carriage of Goods by Sea
Act a. Application
b. Notice of Loss or Damage
c. Period of Prescription
d. Limitation of Liability
F. The Warsaw Convention
1. Applicability
2. Limitation of Liability
a. Liability to Passengers
b. Liability for Checked Baggage
c. Liability for Handcarried Baggage
3. Willful Misconduct
B. Classes of Corporations
C. Nationality of Corporations
1. Place of Incorporation Test
2. Control Test
3. Grandfather Rule
D. Corporate Juridical Personality
1. Doctrine of Separate Juridical
Personality
a. Liability for Torts and Crimes
b. Recovery of Moral Damages
2. Doctrine of Piercing the Corporate
Veil
a. Grounds for Application of
Doctrine
b. Test in Determining Applicability
E. Incorporation and Organization
1. Promoter
a. Liability of Promoter
b. Liability of Corporation for Promoters Contracts
2. Number and Qualifications of Incorporators
3. Corporate Name Limitations on Use of Corporate Name
4. Corporate Term
5. Minimum Capital Stock and Subscription Requirements
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 ByLaws b. Requisites of Valid ByLaws
c. Binding Efects
d. Amendment or Revision
F. Corporate Powers
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
iii. By Cumulative Voting
3. Proprietary Rights
a. Right to Dividends
b. Right of Appraisal
c. Right to Inspect
d. Pre-Emptive Right
e. Right to Vote
f. Right to Dividends
g. Right of First Refusal
4. Remedial Rights
a. Individual Suit
b. Representative Suit
c. Derivative Suit
5. Obligation of a Stockholder
6. Meetings
a. Regular or Special
i. When and Where
ii. Notice
b. Who Calls the Meetings
c. Quorum
d. Minutes of the Meetings
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. Efect 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
Afected
ii. Where Creditors Are Afected
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
1. Definition and Concept
2. Constituent vs. Consolidated Corporation
6. Efectivity
7. Limitations
8. Efects
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. Assignment and Transmission of Rights
[EXCLUDE:
1. Licensing (voluntary and compulsory)
2. Special laws]
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. 10-3-10SC)
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
6. When Is Money Laundering Committed
7. Unlawful Activities or Predicate Crimes
8. Anti-Money Laundering Council
9. Functions
10. Freezing of Monetary Instrument or Property
11. Authority to Inquire Into Bank Deposits
COVERAGE
CRIMINAL LAW
2016 BAR EXAMINATIONS
I.
(ii) Habituality
(Reiteracion) (iii)
Quasi-Recidivism
(iv) Habitual
Delinquency g)
Continuing crimes
h) Complex crimes and special complex crimes
3. Circumstances afecting criminal liability
a) Justifying circumstances
(i) Anti-Violence Against Women and Their Children Act of 2004
(R.A. No.
9262)
(a) Battered woman syndrome
b) Exempting circumstances
(i) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344); also
refer to
Child and Youth Welfare Code (P.D. 603, as
amended) (a) Definition of child in confict
with the law
(b) Minimum age of criminal responsibility
(c) Determination of age
(d) Exemption from criminal liability
(e) Treatment of child below age of responsibility
(f) Status ofenses under Sec. 57 of R.A. No. 9344
(g) Ofenses 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) Immunity from prosecution and punishment, coverage
(iii) Minor ofenders
(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
b) Prescription of
penalties
c) Pardon by ofended
party
d) Pardon by the Chief
Executive
e) Amnesty
B. Book II (Articles 114-365, RPC) and specifically included
Special Laws
1. Crimes Against National Security (Arts.
114-123)
Include:
a) Anti-Piracy and Anti-Highway Robbery
(P.D. 532) (i) Definition of terms
(ii)
Punishable
acts
b) Anti-Hijacking Law (P.D.
6235)
(i) Punishable acts
c) Human Security Act of 2007 (R.A.
No. 9372)
(i) Punishable acts of terrorism
(ii) Who are liable
2. Crimes Against the Fundamental Laws of the State
(Articles 124-133)
Include:
a) Human Security Act of 2007 (R.A.
No. 9372)
(i) Period of detention
b) Anti-Torture Act of 2009 (R.A. No.
9745)
(i) Punishable acts
(ii) Who are liable
3. Crimes Against Public Order (Articles
134-160)
Include:
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 further amended by the
Comprehensive
Firearms and Ammunition Regulation Act (R.A. No. 10591)
b) Human Security Act of 2007 (R.A.
No. 9372)
(i) Punishable acts of terrorism
(ii) Who are liable
(iii) Absorption principle in relation to complex crimes
4. Crimes Against Public Interest (Articles
161-187)
Include:
a) R.A. No. 9194 Anti-Money
Laundering Act
(i) Punishable acts
(ii) Covered Transactions
(iii) Suspicious Transactions
5. Crimes Relative to Opium and Other
Prohibited Drugs
a) The Comprehensive Dangerous Drugs Act of 2002
(R.A. No. 9165)
(i) Punishable acts
(ii) Who are liable
(iii) Attempt or conspiracy, efect on liability
(iv) Immunity from prosecution and punishment
(iv) Custody and disposition of confiscated, seized and/or
surrendered dangerous drugs (Section 21, R.A. No.
9165)
b) Implementing Rules and Regulations (IRR) of R.A. No. 9165
6. Crimes Against Public Morals (Articles
200-202)
Include:
a) P.D. 1602 Anti-Gambling Act as amended by R.A. 9287 Illegal
Numbers
Game which repealed Articles 195-199
of the RPC
(i) Punishable acts
b) Anti-Trafcking in Persons Act of 2003 (R.A.
No. 9208)
(i) Punishable acts
7. Crimes Committed by Public Ofcers (Articles
203-245)
Include:
a) Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as
amended)
(i) Coverage
(ii) Punishable acts
(iii) Exceptions
b) Anti-Plunder Act (R.A. No. 7080, as
amended)
(i) Definition of terms
(ii) Ill-gotten wealth
(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) Infidelity in the custody of detained persons
(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) Child prostitution, punishable acts
(iii) Child trafcking, 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) Who are liable
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) Restriction on travel
(iii) Examination of bank deposits and documents
(a) Judicial Authorization
(b) Application
(iv) Unauthorized revelation of classified materials
c) Anti-Trafcking in Persons Act of 2003 (R.A.
No. 9208)
(i) Punishable acts
10. Crimes Against Property (Articles
293-332)
Include:
a) Anti-Fencing Law (P.D. 1612) and its Implementing Rules and
Regulations
(i) Fencing
(a) Definition
(b) Presumption of fencing
(ii) Exception
(a) With clearance or permit to sell
b) Bouncing Checks Law (B.P. Blg. 22), plus Administrative Circular No.
12-2000
Re: Penalty for Violation of B.P. 22 and Administrative Circular No.
13-2001
Re: Clarification of Admin. Circular No. 12-2000; and P.D. No. 1689
(Increasing the Penalty for Certain Forms of Swindling or Estafa)
(i) Punishable acts
(ii) Evidence of knowledge of insufcient funds
(iii) Preference of imposition of fine
c) Anti-Carnapping Act of 1972 (R.A. No. 6539), as amended by R.A.
No. 7659
(i) Registration
(iii) Who are liable
(a) Duty of Collector of Customs
(b) Duty of importers, distributors and sellers
(c) Clearance and permit
(iv) Punishable acts
d) Human Security Act of 2007 (R.A.
No. 9372)
IMPORTANT
NOTES:
3
COVERAGE
REMEDIAL LAW
2016 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
1.4.5. Courts of general and special jurisdiction
1.4.6. Constitutional and statutory courts
1.4.7. Courts of law and equity
1.4.8. Principle of judicial hierarchy
1.4.9. Doctrine of non-interference or doctrine of judicial stability
2. Jurisdiction
2.1 Over the parties
2.1.1. How jurisdiction over the plaintif 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. Efect of estoppel on objections to jurisdiction
2.3. Over the issues
2.4
Remedial
Law
Supreme Court
Court of Appeals
Court of Tax Appeals
Sandiganbayan
Regional Trial Courts
Family Courts
Metropolitan Trial Courts/Municipal Trial Courts
Sharia Courts
2.6. Over small claims; cases covered by the Rules on Summary Procedure
and
Barangay
conciliation
2.7 Totality rule
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
3.2. Cause of action
3.2.1. Meaning of cause of action
3.2.2. Right of action versus cause of action
3.2.3. Failure to state a cause of action
3.2.4. Test of the sufciency of a cause of action
3.2.5. Splitting a single cause of action and its efects
3.2.6. Joinder and mis-joinder of causes of action
3.3. Parties to civil actions
3.3.1. Real parties-in-interest; indispensable parties; representatives as
parties;
necessary parties; indigent parties; alternative defendants
3.3.2. Compulsory and permissive joinder of parties
3.3.3. Misjoinder and non-joinder of parties
3.3.4. Class suit
3.3.5. Suits against entities without juridical personality
3.3.6. Efect of death of party-litigant
3.4. Venue
3.4.1. Venue versus jurisdiction
3.4.2. Venue of real actions
3.4.3. Venue of personal actions
d) Efect of a partial
default e) Extent of
relief
f) Actions where default is not allowed
e) Execution of special
judgments f) Efect of levy on
third persons
3.17.4. Properties exempt from execution
3.17.5. Proceedings where property is claimed by third persons
a) In relation to third-party claim in attachment and replevin
3.17.6. Rules on redemption
3.17.7. Examination of judgment obligor when judgment is unsatisfied
3.17.8. Examination of obligor of judgment obligor
3.17.9. Efect of judgment or final orders
3.17.10. Enforcement and efect of foreign judgments or final orders
3.18. Provisional remedies
3.18.1. Nature of provisional remedies
3.18.2. Jurisdiction over provisional remedies
3.18.3. Preliminary attachment
a) Grounds for issuance of writ of
attachment b) Requisites
c) Issuance and contents of order of attachment; afdavit
and bond d) Rule on prior or contemporaneous service of
summons
e) Manner of attaching real and personal property; when property
attached is claimed by third person
f) Discharge of attachment and the counter-bond
g) Satisfaction of judgment out of property attached
3.18.4. Preliminary injunction
a) Definitions and diferences: preliminary injunction and
temporary restraining order; status quo ante order
b) Requisites
c) Kinds of injunction
d) When writ may be issued
e) Grounds for issuance of preliminary injunction
f) Grounds for objection to, or for the dissolution of
injunction or restraining order
g) Duration of a Temporary Restraining Order (TRO)
h) In relation to R.A. No. 8975, ban on issuance of TRO or
writ of injunction in cases involving government
infrastructure projects
i) Rule on prior or contemporaneous service of summons in
relation to attachment
3.18.5. Receivership
a) Cases when receiver may be
appointed b) Requisites
c) Requirements before issuance of an
order d) General powers of a receiver
e) Two kinds of bonds
f) Termination of receivership
3.18.6. Replevin
a) When may writ be
issued b) Requisites
a) Kinds of contempt
b) Purpose and nature of each
c) Remedy against direct contempt; penalty
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. Afdavit 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
4.3.1. Nature of probate proceeding
4.3.2. Who may petition for probate; persons entitled to notice
4.4. Allowance or disallowance of will
4.4. 1. Contents of petition for allowance of will
4.4. 2. Grounds for disallowing a will
4.4. 3. Reprobate
a) Requisites before a will proved abroad would be allowed in the
Philippine
s
4.4.4. Efects of probate
4.5. Letters testamentary and of administration
4.5. 1. When and to whom letters of administration granted
4.5. 2. Order of preference
4.5. 3. Opposition to issuance of letters testamentary;
simultaneous filing of petition for administration
4.5. 4. Powers and duties of executors and administrators;
restrictions on the powers
4.5. 5. Appointment of special administrator
4.5. 6. Grounds for removal of administrator
4.6. Claims against the estate
4.6.1. Time within which claims shall be filed; exceptions
4.6.2. Statute of non-claims
4.6.3. Claim of executor or administrator against the estate
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
5.1.4. When injunction may be issued to restrain criminal prosecution
5.2. Prosecution of ofenses
5.2.1. Criminal actions, how instituted
5.2.2. Who may file them, crimes that cannot be prosecuted de officio
5.2.3. Criminal actions, when enjoined
5.2.4. Control of prosecution
5.2.5. Sufciency of complaint or information
5.2.6. Designation of ofense
5.2.7. Cause of the accusation
5.2.8. Duplicity of the ofense; exception
5.2.9. Amendment or substitution of complaint or information
5.2.10. Venue of criminal actions
5.2.11. Intervention of ofended party
5.3. Prosecution of civil action
5.3.1. Rule on implied institution of civil action with criminal action
5.3.2. When civil action may proceed independently
5.3.3. When separate civil action is suspended
5.3.4. Efect of death of the accused or convict on civil action
5.3.5. Prejudicial question
5.3.6. Rule on filing fees in civil action deemed instituted with the criminal
action
5.4. Preliminary investigation
5.4.1. Nature of right
5.4.2. Purposes of preliminary investigation
5.4.3. Who may conduct determination of existence of probable cause
5.4.4. Resolution of investigation prosecutor
5.4.5. Review
5.4.6. When warrant of arrest may issue
5.4.7. Cases not requiring a preliminary investigation
5.4.8. Remedies of accused if there was no preliminary investigation
5.4.9. Inquest
5.5. Arrest
5.5.1. Arrest, how made
5.5.2. Arrest without warrant, when lawful
5.5.3. Method of arrest
a) By ofcer with
warrant
b) By ofcer without
warrant c) By private
person
5.5.4. Requisites of a valid warrant of arrest
5.5.5. Determination of probable cause for issuance of warrant of arrest
5.5.6. Distinguish probable cause of fiscal from that of a judge
5.6. Bail
5.6.1.
5.6.2.
5.6.3.
5.6.4.
5.6.5.
5.6.6.
5.6.7.
5.6.8.
5.6.9.
Nature
When a matter of right; exceptions
When a matter of discretion
Hearing of application for bail in capital ofenses
Guidelines in fixing amount of bail
Bail when not required
Increase or reduction of bail
Forfeiture and cancellation of bail
Application not a bar to objections in illegal arrest, lack of or
irregular preliminary investigation
5.6.10. Hold departure order & Bureau of Immigration watchlist
6.
Evidence
6.1. General principles
6.1.1. Concept of evidence
6.1.2. Scope of the Rules on Evidence
6.1.3. Evidence in civil cases versus evidence in criminal cases
6.1.4. Proof versus evidence
6.1.5. Factum probans versus factum probandum
6.1.6. Admissibility of evidence
a) Requisites for admissibility of evidence
b) Relevance of evidence and collateral
matters c) Multiple admissibility
d) Conditional admissibility
e) Curative admissibility
f) Direct and circumstantial
evidence g) Positive and
negative evidence
h) Competent and credible evidence
6.1.7. Burden of proof and burden of evidence
6.1.8. Presumptions
a) Conclusive
presumptions b)
Disputable
presumptions
6.1.9. Liberal construction of the rules of evidence
6.1.10. Quantum of evidence (weight and sufciency of evidence)
a) Proof beyond reasonable
doubt b) Preponderance of
evidence
c) Substantial evidence
d) Clear and convincing evidence
6.2. Judicial notice and judicial
admissions
6.2.1. What need not be proved
6.2.2. Matters of judicial
notice a) Mandatory
b) Discretionary
6.2.3. Judicial admissions
a) Efect of judicial admissions
b) How judicial admissions may be contradicted
6.2.4. Judicial notice of foreign laws, law of nations and municipal ordinance
7.
9.
Cases covered
Subject matter for amicable settlement
Venue
When parties may directly go to court
Execution
Repudiation
9.2.
9.3.
9.4.
9.5.
9.6.
IMPORTANT NOTES:
3. This listing of covered topics is not intended and should not be used by the law
schools as a course outline. This was drawn up for the limited purpose of
ensuring that Bar candidates are guided on the coverage of the 2016 Bar
Examinations.
4. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics,
and promulgated up to May 31, 2015 - are examinable materials within the
coverage of the 2016 Bar Examinations.
COVERAGE
Availability
of
service
without
discrimination (i) Services regardless
of a persons status (ii) Services as
counsel de oficio
(iii) Valid grounds for refusal
g) Attorneys fees
(i) Acceptance fees
(ii) Contingency fee arrangements
(iii) Attorneys liens
(iv) Fees and controversies with clients
(v) Concepts of attorneys fees
(a) Ordinary
concept
(b) Extraordinary concept
h)
Preservation
of
clients
confidences (i) Prohibited
disclosures and use (ii)
Disclosure, when allowed
i) Withdrawal of
services
Purpose
Requirements
Compliance
Exemptions
Sanctions
Bar Matter 2012, Rule on Mandatory Legal Aid Service
3.
4.
5.
6.
7.
8.
G.
IMPORTANT NOTES:
5. This listing of covered topics is not intended and should not be used
by the law schools as a course outline. This was drawn up for the
limited purpose of ensuring that Bar candidates are guided on the
coverage of the 2016 Bar Examinations.
6. All Supreme Court decisions - pertinent to a given Bar subject and
its listed topics, and promulgated up to May 31, 2015 - are
examinable materials within the coverage of the 2016 Bar
Examinations.