CIVIL LAW
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. Support (Family Code)
X. Parental Authority (Family Code)
Exclude:
1. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)
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)
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)
A. National territory
1. Archipelagic doctrine
B. State immunity
C. General principles and state policies
D. Separation of powers
E. Checks and balances
F. Delegation of powers
G. Forms of government
III. Legislative Department
b) Power of impeachment
c) Other non-legislative powers
IV. Executive 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
D. Equal protection
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
a) Rational Basis Test
b) Strict Scrutiny Test
c) Intermediate Scrutiny Test
E. Searches and seizures
1. Concept
2. Warrant requirement
a) Requisites
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol and blood tests
F. Privacy of communications and correspondence
1. Private and public communications
2. Intrusion, when allowed
3. Writ of habeas data
G. Freedom of expression
1. Concept and scope
a) Prior restraint (censorship)
b) Subsequent punishment
2. Content-based and content-neutral regulations
a) Tests
b) Applications
3. Facial challenges and the overbreadth doctrine
4. Tests
5. State regulation of different types of mass media
6. Commercial speech
7. Private vs. government speech
8. Hecklers veto
H. Freedom of religion
1. Non-establishment clause
a) Concept and basis
b) Acts permitted and not permitted by the clause
c) Test
2. Free exercise clause
3. Tests
a) Clear and Present Danger Test
b) Compelling State Interest Test
c) Conscientious Objector Test
I. Liberty of abode and freedom of movement
1. Limitations
2. Right to travel
a) Watch-list and hold departure orders
3. Return to ones country
J. Right to information
1. Limitations
2. Publication of laws and regulations
3. Access to court records
4. Right to information relative to:
a) Government contract negotiations
b) Diplomatic negotiations
K. Right of association
L. Eminent domain
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
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
A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
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
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
3. Requisites for creation, conversion, division, merger or dissolution
C. Principles of local autonomy
D. Powers of local government units (LGUs)
1. Police power (general welfare clause)
2. Eminent domain
3. Taxing power
11. Recall
12. Term limits
XIII. National Economy and Patrimony
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
XIV. Social Justice and Human Rights
A. Academic freedom
XVI. Public International Law
A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Concept of ex aequo et bono
B. International and national law
C. Sources
D. Subjects
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
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
A. Constitutional provisions
1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.
2. Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2).
3. Article XIII, Secs. 1, 2, 3, 13, 14.
B. Civil Code
1. Article 19
2. Article 1700
3. Article 1702
C. Labor Code
1.
2.
3.
4.
5.
6.
7.
Article
Article
Article
Article
Article
Article
Article
3
4
166
211
212
255
277
A. Hours of work
1. Coverage/Exclusions (Art. 82, Labor Code)
2. Normal hours of work
a) Compressed work week
3. Meal break
4. Waiting time
5. Overtime work, overtime pay
6. Night work (R.A. No. 10151), Night shift differential
7. Part-time work
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
C. Reliefs for Illegal Dismissal
1. Reinstatement
a. Pending appeal (Art. 223, Labor Code)
b. Separation pay in lieu of reinstatement
2. Backwages
a. Computation
b. Limited backwages
D. Preventive Suspension
E. Constructive Dismissal
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
A. Right to self-organization
1. Who may unionize for purposes of collective bargaining
a) Who cannot form, join or assist labor organizations
2. Bargaining unit
a) Test to determine the constituency of an appropriate bargaining unit
b) Voluntary recognition
(i) Requirements
c) Certification election
A. Labor Arbiter
1. Jurisdiction
a) versus Regional Director
2. Reinstatement pending appeal
3. Requirements to perfect appeal to NLRC
B. National Labor Relations Commission (NLRC)
1. Jurisdiction
2. Effect of NLRC reversal of Labor Arbiters order of reinstatement
3. Remedies
4. Certified cases
I. Supreme Court
1. Rule 45, Rules of Court
J. Prescription of actions
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
(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) Income partly within and partly without the Philippines
(c) Situs of property taxes
(1) Taxes on real property
(2) Taxes on personal property
(d) Situs of excise tax
(1) Estate tax
(2) Donors tax
(e) Situs of business tax
(1) Sale of real property
(2) Sale of personal property
(3) Value-Added Tax (VAT)
d) International comity
J. Stages of taxation
1. Levy
2. Assessment and collection 3. Payment
2015 Bar Examination Coverage 4 Law on Taxation
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.
2.
3.
4.
Tariff
Toll
License fee
Special assessment 5. Debt
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
8. Income
a) Definition
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
(iv) Methods of accounting
(a) Cash method vis--vis accrual method
(b) Installment payment vis--vis deferred payment vis--vis percentage completion
(in long-term contracts)
d) Tests in determining whether income is earned for tax purposes
(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) Definition
b) Concept of income from whatever source derived
c) Gross income vis--vis net income vis--vis taxable income
(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
(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) Tax payable
(i) Regular tax
(ii) MinimumCorporateIncomeTax(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) Optionalstandarddeduction
c) Taxation of passive income
(i) Passive income subject to tax
(a) Interest from deposits and yield, or any other monetary benefit from deposit
substitutes and from trust funds and similar arrangements and royalties
(b) Capital gains from the sale of shares of stock not traded in the stock exchange
(c) Income derived under the expanded foreign currency deposit system
(d) Inter-corporate dividends
(e) Capital gains realized from the sale, exchange, or disposition of lands and/or
buildings
(ii) Passiveincomenotsubjecttotax
d) Taxation of capital gains
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
19. Taxation of general professional partnerships
20. Withholding tax
a) Concept
b) Kinds
(i) Withholding of final tax on certain incomes
(ii) Withholdingofcreditabletaxatsource
c) Withholding of VAT
d) Filing of return and payment of taxes withheld
(i) Return and payment in case of government employees
(ii) Statementsandreturns
e) Final withholding tax at source
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
d) Determination of the output tax and VAT payable and computation of VAT payable
or excess tax credits
20. Substantiation of input tax credits
21. 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
22. Invoicing requirements
a) Invoicing requirements in general
b) Invoicing and recording deemed sale transactions
c) Consequences of issuing erroneous VAT invoice or VAT official receipt
23. Filing of return and payment
24. 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
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
e) Classes of real property
f) Actual use of property as basis of assessment
g) Assessment of real property
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) Ad valorem; methods of valuation
(i) Transaction value
(ii) Transaction value of identical goods
(iii) Transaction value of similar goods
(iv) Deductive value
(v) Computedvalue
(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, effect 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 officials sued in their
official capacity
c) Petition for review on certiorari to the Supreme Court
MERCANTILE LAW
2015 BAR EXAMINATIONS
I. Letters of Credit
E. Warehousemans Lien
III. Negotiable Instruments Law
b. Effect of Delay
IV. Insurance Code
A. Concept of Insurance
B. Elements of an Insurance Contract
C. Characteristics/Nature of Insurance Contracts
D. Classes
1. Marine
2. Fire
3. Casualty
4. Suretyship
5. Life
6. Compulsory Motor Vehicle Liability Insurance
E. Insurable Interest
1. In Life/Health
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
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
A. Corporation
1. Definition
2. Attributes of the Corporation
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
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. 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
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
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
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
C. Foreign Investments Act (R.A. No. 7042)
CRIMINAL LAW
2015 BAR EXAMINATIONS
I. Revised Penal Code (RPC) and related Special Laws
(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
(h) Termination of probation; exception
(i) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)
(ii) 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 conflict with the law
(b) Exemption from criminal liability
(c) Juvenile justice and welfare system
6. Modification and extinction of criminal liability
a) Prescription of crime; Prescription of Violations of Special Laws (Act. No. 3326)
b) Prescription of penalties
c) Pardon by offended 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
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) Evidenceofknowledgeofinsufficientfunds
(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) Clearanceandpermit
(iv) Punishable acts
d) Human Security Act of 2007 (R.A. No. 9372)
(i) Punishable acts of terrorism
e) Anti-Arson Law (P.D. 1613)
(i) Punishable acts
11. Crimes Against Chastity (Articles 333-334, 336-346) Include:
a) Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)
(i) Punishable acts
b) Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. No. 7610, as amended)
(i) Child prostitution and other acts of abuse
(a) Punishable acts
(b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. No.
7610, as amended
(ii) Obscene publications and indecent shows
(a) Punishable acts
c) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)
(i) Punishable acts
d) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262)
(i) Punishable acts
12. Crimes Against Civil Status (Articles 347-352)
13. Crimes Against Honor (Articles 353-364)
Include:
a) Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of
Preference in the Imposition of Penalties in Libel Cases
(i) Preference of imposition of fine
14. Criminal Negligence (Article 365)
EXCLUDE:
a. Penalties for specific crimes
b. Special criminal laws not included in the above listing
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
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 plaintiff is acquired
2.1.2. How jurisdiction over the defendant is acquired
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 sufficiency of a cause of action
3.2.5. Splitting a single cause of action and its effects
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
f) Complaint-in-intervention
g) Reply
3.5.2. Pleadings allowed in small claim cases and cases covered by the Rules on
Summary Procedure
3.5.3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum shopping
i. Requirements of a corporation executing the verification/certification of non-forum
shopping
d) Effect of the signature of counsel in a pleading
3.5.4. Allegations in a pleading
a) Manner of making allegations
i. Condition precedent
ii. Fraud, mistake, malice, intent, knowledge and other condition of the mind,
judgments, official documents or acts
b) Pleading an actionable document
c) Specific denials
i. Effect of failure to make specific denials
ii. When a specific denial requires an oath
3.5.5. Effect of failure to plead
a) Failure to plead defenses and objections
b) Failure to plead a compulsory counterclaim and cross-claim
3.5.6. Default
a) When a declaration of default is proper
b) Effect of an order of default
c) Relief from an order of default
d) Effect of a partial default
e) Extent of relief
f) Actions where default is not allowed
3.5.7. Filing and service of pleadings
a) Payment of docket fees
b) Filing versus service of pleadings
c) Periods of filing of pleadings
d) Manner of filing
e) Modes of service
i. Personal service
ii. Service by mail
iii. Substituted service
iv. Service of judgments, final orders or resolutions
v. Priorities in modes of service and filing
vi. When service is deemed complete
vii. Proof of filing and service
3.5.8. Amendment
a) Amendment as a matter of right
a) Meaning of deposition
b) Uses; scope of examination
c) When may objections to admissibility be made
d) When may taking of deposition be terminated or its scope limited
3.12.2. Written interrogatories to adverse parties
a) Consequences of refusal to answer
b) Effect of failure to serve written interrogatories
3.12.3. Request for admission
a) Implied admission by adverse party
b) Consequences of failure to answer request for admission
c) Effect of admission
d) Effect of failure to file and serve request for admission
3.12.4. Production or inspection of documents or things
3.12.5. Physical and mental examination of persons
3.12.6. Consequences of refusal to comply with modes of discovery
3.13. Trial
3.13.1. Adjournments and postponements
3.13.2. Requisites of motion to postpone trial
a) For absence of evidence
b) For illness of party or counsel
3.13.3. Agreed statement of facts
3.13.4. Order of trial; reversal of order
4.15. Writ of Habeas Data (A.M. No. 08-1-16-SC) 4.15.1. Scope of writ
4.15.2. Availability of writ
4.15.3. Distinguished from habeas corpus and amparo
4.15.4. Contents of the petition
4.15.5. Contents of return
4.15.6. Instances when petition may be heard in chambers
4.15.7. Consolidation
4.15.8. Effect of filing of a criminal action
4.15.9. Institution of separate action
4.15.10. Quantum of proof in application for issuance of writ of amparo
4.16. Change of name
4.16.1. Differences under Rule 103, R.A. No. 9048 and Rule 108 4.16.2. Grounds for
change of name
4.17. Absentees
4.17.1. Purpose of the rule
4.17.2. Who may file; when to file
4.18. Cancellation or correction of entries in the Civil Registry
4.18.1. Entries subject to cancellation or correction under Rule 108, in relation
to R.A. No. 9048
4.19. Appeals in special proceedings
4.19.1. Judgments and orders for which appeal may be taken 4.19.2. When to
appeal
4.19.3. Modes of appeal
i. Direct examination
ii. Cross examination
iii. Re-direct examination
iv. Re-cross examination
v. Recalling the witness
c) Leading and misleading questions
d) Methods of impeachment of adverse partys witness
e) How the witness is impeached by evidence of inconsistent statements (laying the
predicate)
f) Evidence of the good character of a witness g) Judicial Affidavit Rule (A.M. No. 128-8-SC)
6.5.5. Admissions and confessions
a) Res inter alios acta rule
b) Admission by a party
c) Admission by a third party
d) Admission by a co-partner or agent
e) Admission by a conspirator
f) Admission by privies
g) Admission by silence
h) Confessions
i) Similar acts as evidence
6.5.6. Hearsay Rule
a) Meaning of hearsay
8.3. Venue
8.4. When parties may directly go to court
8.5. Execution
8.6. Repudiation
9. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC)
9.1. Scope and applicability of the rule
9.2. Commencement of small claims action; response
9.3. Prohibited pleadings and motions
9.4. Appearances
9.5. Hearing; duty of the judge
9.6. Finality of judgment
10. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
10.1. Scope and applicability of the rule 10.2. Civil procedure
10.2.1. Prohibition against temporary restraining order and preliminary injunction
10.2.2. Pre-trial conference; consent decree
10.2.3. Prohibited pleadings and motions
10.2.4. Temporary Environmental Protection Order (TEPO)
10.2.5. Judgment and execution; reliefs in a citizens suit
10.2.6. Permanent Environmental Protection Order; writ of continuing mandamus
10.2.7. Strategic lawsuit against public participation
10.3. Special proceedings
10.3.1. Writ of Kalikasan
10.3.2. Prohibited pleadings and motions
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 2015 Bar Examinations.
2. All Supreme Court decisions pertinent to a given Bar subject and its listed
topics, and promulgated up to March 31, 2015 are examinable materials within the
coverage of the 2015 Bar Examinations.
1. To society
a) Respect for law and legal processes
b) Efficient and convenient legal services
c) True, honest, fair, dignified and objective information on legal services
d) Participation in the improvement and reforms in the legal system
e) Participation in legal education program
2. To the legal profession
a) Integrated Bar of the Philippines (Rule 139-A)
(i) Membership and dues
b) Upholding the dignity and integrity of the profession
c) Courtesy, fairness and candor towards professional colleagues
d) No assistance in unauthorized practice of law
3. To the courts
a) Candor, fairness and good faith towards the courts
b) Respect for courts and judicial officers
c) Assistance in the speedy and efficient administration of justice
d) Reliance on merits of his cause and avoidance of any impropriety which tends to
influence or gives the appearance of influence upon the courts
4. To the clients
a) Availability of service without discrimination
(i) Services regardless of a persons status
(ii) Services as counsel de officio
(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
C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)
1. Nature and characteristics of disciplinary actions against lawyers
a) Sui generis
b) Prescription
2. Grounds
3. Proceedings
4. Discipline of Filipino lawyers practicing abroad
D. Readmission to the Bar
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial Conduct
B. Qualities
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence
C. Discipline of members of the Judiciary
1. Members of the Supreme Court
a) Impeachment
b) Ethical Lessons from Former Chief Justice Coronas Impeachment
2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule
140)
3. Grounds
4. Impeachment (ethical aspects)
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary
D. Disqualification of Justices and Judges (Rule 137)
1. Compulsory
2. Voluntary
E. Powers and Duties of Courts and Judicial Officers (Rule 135)
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)
G. Legal Fees (Rule 141)
1. Manner of payment
2. Fees in lien