2018 BAR Examinations P I L: Olitical and Nternational AW

2018 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
I. THE PHILIPPINE CONSTITUTION

A. Constitution: definition, nature, and concepts
B. Parts
C. Amendments and revisions
D. Self-executing and non-self-executing provisions
E. General provisions
II. GENERAL CONSIDERATIONS
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

A. Who may exercise legislative power
1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
a. Initiative and referendum
Page 1 of 16
2018 Bar Examinations POLITICAL AND INTERNATIONAL LAW
4. The President under a martial law rule or in a

revolutionary government
B. Houses of Congress
1. Senate
2. House of Representatives
a. District representatives and questions of

apportionment
b. Party-list system (R.A. No. 7941)
C. Legislative privileges, inhibitions and disqualifications
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the Commission on Appointments
1. Nature
2. Powers
G. Powers of Congress
1. Legislative
a. Legislative inquiries and the oversight functions
b. Bicameral conference committee

c. Limitations on legislative power
i. Limitations on revenue, appropriations, and

tariff measures
ii. Presidential veto and Congressional override
2. Non-legislative
a. Informing function
b. Power of impeachment
c. Other non-legislative powers
IV. EXECUTIVE DEPARTMENT
A. Privileges, inhibitions, and disqualifications
Page 2 of 16
1. Presidential immunity
2. Presidential privilege
B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a. In general
b. Commission on Appointments confirmation
c. Midnight appointments
d. Power of removal
3. Power of control and supervision
a. Doctrine of qualified political agency

b. Executive departments and offices
c. Local government units
4. Military powers
5. Pardoning power
a. Nature and limitations

b. Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures
a. Validity of transferring savings between

departments
8. Delegated powers
9. Veto powers
10. Residual powers
11. Executive privilege

12. Emergency powers
C. Rules of Succession
Page 3 of 16
V. JUDICIAL DEPARTMENT
A. Concepts
1. Judicial power
2. Judicial review; requisites
a. Operative fact doctrine
b. Moot questions
c. Political question doctrine
B. Safeguards of Judicial independence

C. Judicial restraint
D. Appointments to the Judiciary
1. Judicial and Bar Council

E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction
VI. CONSTITUTIONAL COMMISSIONS

A. Constitutional safeguards to ensure independence of
commissions
B. Powers and functions of each commission
C. Prohibited offices 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
VII. BILL OF RIGHTS
Page 4 of 16
A. Fundamental powers of the state (police power, eminent

domain, taxation)
1. Concept, application and limits

2. Requisites for valid exercise
3. Similarities and differences
4. Delegation
B. Private acts and the Bill of Rights
C. Due process – the rights to life, liberty & property

1. Relativity of due process
2. Procedural and substantive due process
3. Constitutional and statutory due process

4. Hierarchy of rights
5. Judicial standards of review
6. Void-for-vagueness doctrine
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; requisites for a valid warrant
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol, and blood tests
Page 5 of 16
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. Heckler’s 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

Page 6 of 16
1. Limitations
2. Right to travel
a. Watch-list and hold departure orders

3. Return to one’s 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

Page 7 of 16
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. Trial 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

Page 8 of 16
B. Modes of acquiring citizenship
C. Naturalization and denaturalization
D. Dual citizenship and dual allegiance

E. Loss and re-acquisition of Philippine citizenship
F. Natural-born citizens and public office
IX. LAW ON PUBLIC OFFICERS
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
1. Preventive suspension and back salaries

2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers

J. De facto officers
K. Termination of official relation
L. The Civil Service
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers

1. Impeachment
2. Ombudsman (Sections 5 to 14, Article XI of the 1987

Constitution, in relation to R.A. No. 6770, or otherwise
known as "The Ombudsman Act of 1989.")
Page 9 of 16
a. Functions
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
Page 10 of 16
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 certificates

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

Page 11 of 16
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:
 Omnibus Election Code of the Philippines (B.P. Blg. 881

as amended)
 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
3. Requisites for creation, conversion, division, merger, or

dissolution
C. Principles of local autonomy
D. Powers of local government units (LGUs)
Page 12 of 16
1. Police power (general welfare clause)
2. Eminent domain
3. Taxing power
4. Closure and opening of roads
5. Legislative power
a. Requisites for valid ordinance
b. Local initiative and referendum
6. Corporate powers
a. To sue and be sued
b. To acquire and sell property
c. To enter into contracts

i. Requisites
ii. Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
9. Succession of elective officials

10. Discipline of local officials
a. Elective officials
i. Grounds
ii. Jurisdiction
iii. Preventive suspension
iv. Removal
v. Administrative appeal
vi. Doctrine of condonation
b. Appointive officials
11. Recall
12. Term limits
Page 13 of 16
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. Concept of social justice
B. Commission on Human Rights
XV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND

SPORTS
A. Academic freedom
XVI. PUBLIC INTERNATIONAL LAW
A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Concept of ex aequo et bono
B. Relationship between international and national law
C. Sources of obligations in international law
D. Subjects
1. States
Page 14 of 16
2. International organizations
3. Individuals
E. Basic principles of diplomatic and consular law

F. General principles of treaty law
G. Nationality and statelessness
H. Doctrine of state responsibility
I. Jurisdiction of States
1. Basis of jurisdiction
a. Territoriality principle
b. Nationality principle and statelessness
c. Protective principle
d. Universality principle
e. Passive personality principle
2. Exemptions from jurisdiction

a. Act of State doctrine
b. International organizations and its officers

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. Basic principles of international humanitarian law
1. Categories of armed conflicts
Page 15 of 16
a. International armed conflicts
b. Internal or non-international armed conflict
c. War of national liberation

2. R.A. 9851 (Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against
Humanity)
M. Law of the sea
1. Baselines
2. Archipelagic states
a. Straight archipelagic baselines
b. Archipelagic waters
c. Archipelagic sea lanes passage
d. Regime of islands
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. Basic principles of international environmental law

1. Precautionary principle
IMPORTANT NOTES:
 The listing of covered topics is not intended and should not be used
by law schools as a course outline. This listing has been drawn up for
the limited purpose of ensuring that the Bar candidates are guided on
the coverage of the 2018 Bar Examinations.
 All laws, rules, issuances, and jurisprudence pertinent to every

subject and its listed topics as of June 30, 2017 are examinable
materials within the coverage of the 2018 Bar Examinations.
 Principles of law are not covered by the cut-off period stated herein.
Page 16 of 16
LABOR LAW AND SOCIAL LEGISLATION
I. FUNDAMENTAL PRINCIPLES AND CONCEPTS

A. Legal basis
B. 1987 Constitution (State Policies, Bill of Rights & Social
Justice)
1. Article II, Sections 9, 10, 18, 20
2. Article III, Sections 4, 8, 10, 16, 18(2)
3. Article XIII, Sections 2, 3, 13, 14
C. Civil Code
1. Articles 1700 to 1703
II. RECRUITMENT AND PLACEMENT

A. Illegal recruitment (Labor Code and R.A. No. 8042 or the
Migrant Workers and Overseas Filipinos Act of 1995, as
amended by R.A. No. 10022)
1. Elements
2. Prohibited activities (Article 34, Labor Code)
3. Types of illegal recruitment
4. Illegal recruitment vs. estafa
5. Liability of local recruitment agency and foreign employer
a) Solidary liability
b) Theory of imputed knowledge
6. Termination of contract of migrant worker without just or
valid cause
7. Ban on direct hiring
B. Regulation of Recruitment and Placement Activities
1. Suspension or cancellation of license or authority
2. Regulatory and visitorial powers of the Department of
Labor and Employment (DOLE) Secretary
3. Prohibited activities
III. LABOR STANDARDS

A. Conditions of employment
2018 Bar Examinations LABOR LAW AND SOCIAL LEGISLATION
1. Scope
2. Hours of work
a) Principles in determining hours worked
b) Normal hours of work
(1) Compressed work week
(2) Power interruptions/brownouts
c) Meal Break
d) Waiting time
e) Night shift differential
f) Overtime work
g) Rest periods
3. Holiday pay, 13th month pay
4. Service charge
B. Wages
1. Wage versus salary
2. Payment of wages
3. Facilities versus supplements
4. Non-diminution of benefits
5. Prohibitions regarding wages
6. Wage Order, Wage Distortion
a) General concepts
C. Leaves
1. Service Incentive Leave
2. Maternity Leave
3. Paternity Leave
4. Parental Leave for solo parents (R.A. No. 8972)
5. Leave benefits for women workers under special laws
(R.A. No. 9710 or the Magna Carta of Women, and R.A.
9262 or the Anti-Violence against Women and Their
Children Act of 2004)
D. Special Groups of Employees
1. Women
a) Discrimination
b) Stipulation against marriage
c) Prohibited acts
d) Sexual Harassment
Page 2 of 6
2. Minors (R.A. No. 7610, as amended by R.A. No. 9231)

3. Kasambahay Law (R.A. No. 10361)
4. Homeworkers
5. Night workers
6. Migrant Workers (R.A. No. 8042 or the Migrant Workers
and Overseas Filipinos Act of 1995, as amended by R.A.
No. 10022)
a) Claims for compensability of work-related death,
sickness, or disability
7. Apprentices and learners
8. Disabled Workers
a) Equal opportunity
b) Discrimination on employment
c) Incentives for employers
IV. POST-EMPLOYMENT
A. Employer-employee relationship
1. Tests to determine employer-employee relationship
2. Kinds of employment
3. Subcontracting versus Labor-Only Contracting
a) Elements
b) Trilateral relationship
c) Solidary liability
B. Termination of Employment
C. Termination by Employee
1. Resignation versus Constructive dismissal
D. Termination by Employer
1. Just Causes
2. Authorized Causes
3. Due Process
a) Twin-notice requirement
b) Hearing; Ample opportunity to be heard
E. Reliefs from Illegal Dismissal
F. Preventive Suspension
G. Retirement
Page 3 of 6
V. MANAGEMENT PREROGATIVE
A. Discipline
B. Transfer of employees
C. Productivity standard
D. Bonus
E. Change of working hours
F. Marriage between employees of competitor-employers
G. Post-employment ban
VI. SOCIAL WELFARE LEGISLATION

A. SSS Law (R.A. No. 8282)
1. Coverage and Exclusions
2. Dependents, beneficiaries
3. Benefits
B. GSIS Law (R.A. No. 8291)
1. Coverage and Exclusions
2. Dependents, beneficiaries
3. Benefits
C. Employee’s compensation – coverage and when compensable
VII. LABOR RELATIONS

A. Right to self-organization
1. Who may/may not exercise the right
a) Doctrine of necessary implication
2. Commingling/Mixture of membership
3. Rights and conditions of membership
a) Nature of relationship
(1) Member-Labor union
(2) Labor union-Federation
(i) Disaffiliation
(ii) Substitutionary doctrine
B. Bargaining Unit
C. Bargaining Representative
1. Determination of representation status
D. Rights of labor organization
Page 4 of 6
1. Check off, Assessment, Agency fees

2. Collective bargaining
a) Duty to bargain collectively
b) Collective Bargaining Agreement (CBA)
(1) Mandatory provisions of CBA
E. Unfair Labor Practice
1. Nature, aspects
2. By employers
3. By labor organizations
F. Peaceful concerted activities
1. By labor organization
a) Strike
(1) Valid versus Illegal strikes
b) Picket
2. By employer
a) Lockout
3. Assumption of jurisdiction
a) Nature
b) Effects of assumption of jurisdiction
VIII. JURISDICTION AND REMEDIES

A. Labor Arbiter
1. Jurisdiction
a) Labor Arbiter versus Regional Director
2. Requirements to perfect appeal to NLRC
3. Reinstatement pending appeal
B. National Labor Relations Commission
1. Jurisdiction
C. Court of Appeals
1. Appeal via Rule 65, Rules of Court
D. Supreme Court
1. Rule 45, Rules of Court
E. Bureau of Labor Relations
1. Jurisdiction
F. National Conciliation and Mediation Board
Page 5 of 6
1. Conciliation vs. Mediation

2. Preventive mediation
G. DOLE Regional Directors
1. Recovery/Adjudicatory power
H. DOLE Secretary
1. Visitorial and enforcement powers
2. Power to suspend effects of termination
3. Remedies
I. Voluntary arbitrator
1. Jurisdiction
2. Remedies
J. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses under the Labor Code
5. Illegal recruitment
IMPORTANT NOTES:
 The listing of covered topics is not intended and should not be
used by law schools as a course outline. This listing has been
drawn up for the limited purpose of ensuring that the Bar
candidates are guided on the coverage of the 2018 Bar
Examinations.
 All laws, rules, issuances and jurisprudence pertinent to every
 Principles of law are not covered by the cut-off period stated
herein.
Page 6 of 6
CIVIL LAW
I. GENERAL PRINCIPLES
A. Effect and Application of Laws (Civil Code)
Include: Conflict of Laws (Private International Law)
B. Human Relations (Arts. 19-22, Civil Code)
Exclude:
1. Independent civil actions and prejudicial questions which
are covered under Remedial Law
II. PERSONS AND FAMILY RELATIONS

A. Persons and Personality (Civil Code)
B. Marriage (Family Code)
Exclude:
1. P.D. No. 1083 (Code of Muslim Personal Laws of the
Philippines)
2. Duties of a Civil Registrar under Articles 12-19, 23-25
(Family Code)
3. A.M. No. 02-11-10-SC on the Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages
4. R.A. No. 6955 (“An Act to Declare Unlawful the Practice of
Matching Filipino Women for Marriage to Foreign Nationals
on a Mail Order Basis and Other Similar Practices xxx”) and
R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003)
C. Legal Separation (Family Code)
Exclude:
1. A.M. No. 02-11-11-SC on the Rule on Legal Separation
D. Rights and Obligations between Husband and Wife (Family
Code)
Exclude:
1. R.A. No. 7192 (Women in Development and Nation
Building Act); R.A. No.8187 (Paternity Leave Act of 1996);
R.A. No. 9710 (The Magna Carta of Women)
E. Property Relations of the Spouses (Family Code)
Exclude:
2018 Bar Examinations CIVIL LAW
1. Summary Judicial Proceedings in Family Law Cases

F. The Family (Family Code)
1. The family as an institution
2. The family home
G. Paternity and Filiation (Family Code)
Exclude:
1. A.M. No. 06-11-5-SC or the Rule on DNA Evidence
2. Care and Education of Children (Articles 356-363, Civil Code)
H. Adoption
1. R.A. No. 8552 (Domestic Adoption Act of 1998)
a) Who may adopt
b) Who may be adopted
c) Rights of an adopted child (include Art. 189-190,
Family Code)
d) Instances when adoption may be rescinded
e) Effects of rescission
Exclude:
a) A.M. No. 02-6-02-SC on Rule on Adoption
b) R.A. No. 9523 (“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 xxx”)
2. R.A. No. 8043 (Inter-Country Adoption Act of 1995)
a) When allowed
b) Who may adopt
c) Who may be adopted
3. Distinction between domestic adoption and inter-country
adoption
Exclude:
a) Articles 183-188, 191-193, Family Code
I. Support (Family Code)
J. Parental Authority (Family Code)
1. R.A. No. 7610 (Special Protection of Children against
Abuse and Discrimination Act), specifically Sec. 10(c)
Exclude:
1. A.M. No. 03-02-05-SC on Rule on Guardianship of Minors
Page 2 of 8
2. A.M. No. 03-04-04-SC on Rules on Custody of Minors and

Writ of Habeas Corpus in Relation to Custody of Minors
3. R.A. No. 8972 (Solo Parents’ Welfare Act of 2000)
4. R.A. No. 8980 (The Early Childhood Care and
Development Act)
5. R.A. No. 9231 (“An Act Providing for the Elimination of the
Worst Forms of Child Labor and Affording Stronger
Protection for the Working Child xxx,” which is covered
under Labor Law)
K. Emancipation (Arts. 234 and 236, Family Code, as amended by
R.A. No. 6809 which lowered the age of majority)
L. Retroactivity of the Family Code (Art. 256)
Exclude:
1. Arts. 254-255, 257, Family Code
M. Funerals (Arts. 305-310, Civil Code)
N. Use of Surnames
1. Arts. 364-380, Civil Code (other articles not repealed by
Family Code)
2. R.A. No. 9255 (An Act Allowing Illegitimate Children to Use
the Surname of Their Father)
O. Absence
1. Art. 41, Family Code
2. Art. 381-389, Civil Code
3. Art. 390-392, Civil Code (Presumption of Death)
III. PROPERTY
A. Characteristics
B. Classification
C. Ownership
D. Accession
E. Quieting of Title to or Interest in and Removal or Prevention of
Cloud over Title or Interest in Real Property
F. Co-ownership
G. Possession
H. Usufruct
I. Easements
J. Nuisance
Page 3 of 8
K. Modes of Acquiring Ownership

L. Donations
M. Prescription
1. Definition
2. Acquisitive and Extinctive Prescription
3. Instances when prescription is not allowed
4. Prescription or limitation of actions
IV. OBLIGATIONS AND CONTRACTS

A. Obligations
1. Definition, elements
2. Sources of Obligations
3. Nature and Effects of Obligations
4. Kinds of Obligations
a) Pure and Conditional
b) Obligations with a Period
c) Alternative Obligations
d) Joint and Solidary Obligations
e) Divisible and Indivisible Obligations
f) Obligations with a Penal Clause
5. Extinguishment of Obligations
a) Payment or Performance
b) Loss of the Thing Due
c) Condonation or remission of debt
d) Confusion or merger of rights of creditor and debtor
e) Compensation
f) Novation
B. Contracts
1. Essential Requisites
2. Kinds of Contracts
3. Objects, Causes and Forms of Contracts
4. Reformation of Instruments
5. Interpretation of Contracts
6. Rescissible Contracts
7. Voidable Contracts
Page 4 of 8
8. Unenforceable Contracts
9. Void and Inexistent Contracts
C. Natural Obligations
D. Estoppel
V. SALES
A. Nature and Form of Contract
B. Capacity to Buy or Sell
C. Effects of the Contract when the Thing Sold has been lost
D. Obligations of the Vendor
E. Obligations of the Vendee
F. Breach of Contract
Include:
1. Recto Law: sale of movables on installment (Articles 1484-
1486, Civil Code)
2. Maceda Law: sale of immovable on installment (R.A. No.
6552)
G. Extinguishment of Sale
H. Assignment of Credits
VI. LEASE
A. General Provisions
1. Lease of Things
2. Lease of Work and Services
B. Lease of Rural and Urban Lands
C. Rights and Obligations of Lessor and Lessee
D. Special Rules for Lease of Rural/Urban Lands
Exclude:
1. Household Service, Contract of Labor, Contract for Piece of
Work which is covered under Labor Law
VII. PARTNERSHIP
A. Contract of Partnership
B. Rights and Obligations of Partnerships
C. Rights and Obligations of Partners among Themselves
D. Obligations of Partnership/Partners to Third Persons
Page 5 of 8
E. Dissolution and Winding Up

F. Limited Partnership
VIII. AGENCY
A. Definition
B. Nature, Form and Kinds of Agency
C. Obligations of the Agent
D. Obligations of the Principal
E. Modes of Extinguishment
IX. TRUST
A. Definition
B. Kinds of Trust
1. Express Trust
2. Implied Trust
X. CREDIT TRANSACTIONS
A. Loan
B. Deposit
C. Guaranty and Suretyship
D. Pledge, Mortgage and Antichresis, Chattel Mortgage (include Act
No. 1508 and Section 47 of R.A. No. 8791 or the General
Banking Act of 2000)
E. Quasi-Contracts
F. Concurrence and Preference of Credits
Include:
1. Section 133 of R.A. No. 10142 [Financial Rehabilitation and
Insolvency Act (FRIA) of 2010]
XI. SUCCESSION
A. General Provisions
B. Testamentary Succession/Wills
C. Legal or Intestate Succession
D. Provisions Common to Testate and Intestate Succession
Exclude:
1. Executors and administrators (Articles 1058-1060, Civil
Page 6 of 8
Code), which is covered under Remedial Law
XII. LAND TITLES AND DEEDS

A. Torrens System (General Principles)
B. Original Registration
C. Subsequent Registrations
1. Voluntary dealings
2. Involuntary dealings
D. Non-registrable Properties
E. Dealings with Unregistered Lands
Exclude:
1. History of land laws
2. Remedies, which is covered under Remedial Law
3. Registration of Judgments, orders and partitions
4. Assurance fund
5. Registration of patents
6. Administrative structure of the Register of Deeds
7. Consultas
XIII. TORTS AND DAMAGES

A. Torts/Quasi-Delicts (Articles 2176-2194, Civil Code)
1. Definition, Elements
2. Classification of Torts
a) Negligent Torts
b) Intentional Torts
c) Strict Liability
3. The Tortfeasor
a) Direct tortfeasor
b) Persons made responsible for others
c) Nature of liability
4. The Concepts and Doctrines of Res Ipsa Loquitur, Last
Clear Chance, Proximate Cause, Damnum Absque Injuria,
Presumption of Negligence, Vicarious Liability.
5. Legal Injury
B. Damages (Articles 2195-2235, Civil Code)
Page 7 of 8
1. General Provisions
2. Actual and Compensatory Damages
3. Moral Damages
4. Nominal Damages
5. Temperate or Moderate Damages
6. Liquidated Damages
7. Exemplary or Corrective Damages
8. Damages in Case of Death
IMPORTANT NOTES:
Page 8 of 8
TAXATION LAW
I. GENERAL PRINCIPLES OF TAXATION

A. Definition, Concept and Purpose of Taxation
B. Nature and Characteristics of Taxation
C. Power of Taxation as distinguished from Police Power and Power
of Eminent Domain
D. Theory and Basis of Taxation
E. Principles of a Sound Tax System
F. Scope and Limitations of Taxation
1. Inherent limitations
2. Constitutional limitations
G. Situs of Taxation
H. Stages or Aspects of Taxation
I. Definition, Nature and Characteristics of Taxes
J. Requisites of a Valid Tax
K. Tax as distinguished from other forms of exactions
L. Kinds of Taxes
M. Sources of Tax Laws
N. Construction and Interpretation of
1. Tax Laws
2. Tax Exemptions and Exclusions
3. Tax Rules and Regulations
4. Penal provisions of Tax Laws
5. Non-retroactive application to Taxpayers
O. Doctrines in Taxation
1. Prospectivity of Tax Laws
2. Imprescriptibility of Taxes
3. Double Taxation
4. Power to Tax involves Power to Destroy
5. Escape from Taxation
a) Shifting of Tax Burden
b) Tax Avoidance
c) Tax Evasion
2018 Bar Examinations TAXATION LAW
6. Exemption from Taxation

7. Doctrine of Equitable Recoupment
8. Compensation and Set-off
9. Compromise and Tax Amnesty
10. Taxpayer’s Suit
a) Nature and Concept
b) As distinguished from a citizen’s suit
c) Requisites of a taxpayer’s suit challenging the
constitutionality of a tax measure or act of a taxing
authority; concept of locus standi, doctrine of
transcendental importance and ripeness for judicial
determination
II. NATIONAL TAXATION (NATIONAL INTERNAL REVENUE CODE

OF 1997, as amended. EXCLUDE amendments introduced by
R.A. No. 10963 or the Tax Reform for Acceleration and
Inclusion Law)
A. Organization and Functions of the Bureau of Internal Revenue
1. Rule-making authority of the Secretary of Finance
a) Authority of the Secretary of Finance to promulgate
rules and regulations
b) Specific provisions to be contained in rules and
regulations
2. Jurisdiction, Power and Functions of the Commissioner of
Internal Revenue
a) Powers and duties of the Bureau of Internal Revenue
b) Power of the Commissioner to interpret tax laws and
to decide tax cases
c) Non-retroactivity of rulings
B. Income Tax
1. Definition, Nature and General Principles
a) Income Tax systems – Global, Schedular and Semi-
schedular or Semi-Global Taxpayer’s income
b) Features of the Philippine Income Tax Law
c) Criteria in imposing Philippine income tax
d) Types of Philippine income taxes
e) Taxable period
f) Kinds of taxpayers
Page 2 of 17
2. Income Tax
a) Definition, Nature and General principles
b) Income
(1) Definition and nature
(2) When income is taxable
i. Existence of income
ii. Realization of income
iii. Recognition of income
iv. Cash method of accounting versus
Accrual method of accounting
(3) 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
c) Classification of income
d) Situs of Income Taxation
3. Gross Income
a) Definition
b) Concept of income from whatever source derived
c) Gross income vis-à-vis net income vis-à-vis taxable
income
d) Sources of income subject to tax
e) Classification of income subject to tax
(1) Compensation income
(2) Fringe benefits
(3) Professional income
(4) Income from business
(5) Income from dealings in property
(6) Passive investment income
(7) Annuities, proceeds from life insurance or other
types of insurance
(8) Prizes and awards
Page 3 of 17
(9) Pensions, retirement benefit or separation pay

(10)Income from any source whatever
f) Exclusions from gross income
(1) Rationale for the exclusions
(2) Taxpayers who may avail of the exclusions
(3) Exclusions distinguished from deductions and
tax credits
(4) Exclusions under the Constitution
(5) Exclusions under the Tax Code
(6) Exclusions under special laws
4. Deductions from Gross Income
a) General rules
b) Return of capital
c) Itemized deductions
d) Optional Standard Deduction
e) Personal and Additional Exemptions
f) Items not deductible
5. Income Tax on Individuals
a) Income Tax on Resident Citizens, Non-resident
Citizens and Resident Aliens
(1) Coverage – Income from all sources within and
without the Philippines; exceptions
(2) Taxation on compensation income
(i) Inclusions – monetary and non-
monetary compensation
(ii) Exclusions – Fringe benefits subject to
tax; De Minimis benefits; 13th month pay
and other benefits and payments
specifically excluded from taxable
compensation income
(iii) Deductions – Personal and additional
exemptions; Health and hospitalization
insurance
(3) Taxation of business income/income from
practice of profession
(4) Taxation of Passive Income
(5) Taxation of Capital Gains
b) Income Tax on Non-Resident Aliens Engaged in
Page 4 of 17
Trade or Business
c) Income Tax on Non-Resident Aliens Not Engaged in
Trade or Business
d) Individual Taxpayers Exempt from Income Tax
(1) Senior citizens
(2) Minimum wage earners
(3) Exemptions granted under international
agreements
6. Income Tax on Corporations
a) Income Tax on Domestic Corporations and Resident
Foreign Corporations
(1) Regular tax
(2) Minimum Corporate Income Tax (MCIT)
(3) Branch Profit Remittance Tax
(4) Allowable deductions
(i) Itemized deductions
(ii) Optional Standard Deductions
(5) Taxation of Passive Income
(6) Taxation of Capital Gains
b) Income Tax on Non-Resident Foreign Corporations
c) Income Tax on Special Corporations
(1) Domestic Corporations
(i) Proprietary educational institutions and
hospitals
(ii) Non-profit hospitals
(iii) Government-owned or controlled
corporations, agencies or instrumentalities
(iv) Depository banks (foreign currency
deposit units)
(2) Resident Foreign Corporations
(i) International carriers doing business in
the Philippines
(ii) Off-shore banking units
(iii) Resident depository banks (foreign
currency deposit units)
(iv) Regional or Area Headquarters and
Regional Operating Headquarters of
Multinational Companies
Page 5 of 17
(3) Improperly Accumulated Earnings Tax (IAET)

(4) Exemptions from Tax on Corporations
(5) Tax on other Business Entities: General
Partnerships, General Professional
Partnerships, Co-ownerships, Joint Ventures
and Consortia
7. Filing of Returns and Payment of Income Tax
a) Definition of a Tax Return and Information Return
b) Period within which to file Income Tax Return of
Individuals and Corporations
c) Persons liable to file Income Tax Returns
(1) Individual taxpayers
(i) General rule and exceptions
(ii) Substituted filing
(2) Corporate taxpayers
d) Where to file Income Tax Returns
e) Penalties for Non-filing of Returns
8. Withholding of taxes
a) Concept of withholding taxes
b) Kinds of Withholding Taxes
C. Transfer Taxes
1. Estate Tax
a) Basic principles, concept, and definition
b) Nature, purpose, and object
c) Time and transfer of properties
d) Classification of decedent
e) Gross estate and net estate
f) Determination of gross and net estate
g) Items to be included in the gross estate
h) Deductions and exclusions from estate
i) Tax credit for estate taxes paid to a foreign country
j) Exemption of certain acquisitions and transmissions
k) Filing of notice of death
l) Estate tax return
2. Donor’s Tax
a) Basic principles, concept and definition
Page 6 of 17
b) Nature, purpose and object

c) Time and transfer of properties
d) Requisites of a valid donation
e) Transfers which may be constituted as donation
(1) sale/exchange/transfer of property for
insufficient consideration
(2) condonation/remission of debt
(3) transfer for less than adequate and full
consideration
f) Classification of donor
g) Determination of gross gift
h) Composition of gross gift
i) Valuation of gifts made in property
j) Tax credit for donor’s taxes paid to a foreign country
k) Exemption of gifts from donor’s tax
l) Persons liable
m) Tax basis
D. Value-Added Tax (VAT)
1. Concept, characteristics/elements of VAT-taxable
transactions
2. Impact and incidence of tax
3. Tax credit method
4. Destination Principle / Cross Border Doctrine
5. Persons liable
6. Imposition of VAT
a) On sale of goods or properties
b) On importation of goods
(1) Transfer of goods by tax exempt persons
c) On services
7. 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 is not made
within 60 days from date of consignment
Page 7 of 17
d) Retirement from or cessation of business with respect

to inventories on hand
8. Change or cessation of status as VAT-registered person
a) Subject to VAT
(1) Change of business activity from VAT taxable
status to VAT-exempt status
(2) Approval of request for cancellation of a
registration due to reversion to exempt status
(3) Approval of request for cancellation of
registration due to desire to revert to exempt
status after lapse of 3 consecutive years
b) Not subject to VAT
(1) Change of control of a corporation
(2) Change in the trade or corporate name
(3) Merger or consolidation of corporations
9. Zero-rated and effectively zero-rated sales of goods or
properties
10. VAT-exempt transactions
a) VAT exempt transactions; in general; enumeration
11. Input and Output tax
a) Definition
b) Sources of input tax
(1) Purchase or importation of goods
(2) Purchase of real properties for which VAT has
actually been paid
(3) Purchase of services for which VAT has actually
been paid
(4) Transactions deemed sale
(5) Presumptive input
(6) Transitional input
c) Persons who can avail of input tax credits
d) Determination of output/input tax; VAT payable;
excess input tax credits
(1) Determination of output tax
(2) Determination of creditable input tax
(3) Allocation of input tax on mixed transactions
(4) Determination of the output tax and VAT
payable and computation of VAT payable or
Page 8 of 17
excess tax credits

e) Substantiation of input tax credits
12. Refund or tax credit of excess input tax
a) Who may claim for refund/apply for issuance of tax
credit certificates
b) Period to file claim/apply for the issuances of tax
credit certificates
c) Manner of giving refunds
d) Destination principle/Cross-border doctrine
13. Invoicing Requirements
a) In general
b) In “deemed sale” transactions
c) Consequences of issuing erroneous VAT invoice or
VAT official receipt
14. Filing of returns and payment
15. Withholding of final VAT on sales to government
E. Percentage Taxes (concept and nature only)
F. Excise Tax (concept and nature only)
G. Documentary Stamp Taxes (concept and nature only)
H. Tax Remedies under the NIRC
1. General Concepts
a) Assessment
(1) Definition and requisites of a valid assessment
b) Tax delinquency as distinguished from Tax deficiency
c) Jeopardy assessment
d) Prescriptive period for assessment
(1) General rule
(2) False or fraudulent returns and non-filing of
returns
(3) Suspension of the running of statute of
limitations
2. Civil penalties, additions to the tax
a) Delinquency interest and deficiency interest
b) Surcharge
c) Compromise penalty
3. Assessment process and reglementary periods
Page 9 of 17
a) Letter of Authority and Tax Audit

b) Notice of Informal Conference
c) Issuance of Preliminary Assessment Notice; general
rule and exceptions
d) Issuance of Formal Letter of Demand and Final
Assessment Notice
e) Disputed Assessment
4. Collection
a) Requisites
b) Prescriptive periods; suspension of running of statute
of limitations
I. Taxpayer’s remedies
1. Protesting an assessment
a) Protested assessment
b) Period to file protest
c) Form, content, and validity of protest
d) Submission of supporting documents
e) Effect of failure to file protest
f) Decision of the Commissioner on the protest filed
(1) Period to act upon or decide on protest filed
(2) Remedies of the taxpayer in case the
Commissioner denies the protest or fails to act
on the protest
(3) Effect of failure to appeal
2. Compromise and abatement of taxes
3. Recovery of Tax Erroneously or Illegally Collected
a) Tax refund as distinguished from Tax credit
b) Grounds, requisites and period for filing a claim for
refund or issuance of a tax credit certificate
c) Statutory basis and proof of claim for refund or tax
credit
d) Proper party to file claim for refund or tax credit
J. Government remedies
1. Administrative remedies
a) Tax lien
b) Distraint and levy
c) Forfeiture of real property
Page 10 of 17
d) Suspension of business operation

e) Non-availability of injunction to restrain collection of
tax
2. Judicial remedies – civil or criminal action
III. LOCAL TAXATION [LOCAL GOVERNMENT CODE (LGC) 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 LGC
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 (LGUs)
b) Procedure for approval and effectivity of tax
ordinances
4. Scope of taxing power
5. Specific taxing power of LGUs
6. Taxing powers of provinces (Exclude: Rates)
a) Tax on transfer of real property ownership
b) Tax on business of printing and publication
c) Franchise tax
d) Tax on sand, gravel and other quarry services
e) Professional tax
f) Amusement tax
g) Tax on delivery truck/van
7. Taxing powers of cities (Exclude: Rates)
8. Taxing powers of municipalities (Exclude: Rates)
a) Tax on various types of businesses
b) Ceiling on business taxes imposable by LGUs within
Page 11 of 17
Metro Manila
c) Tax on retirement of business
d) Rules on payment of business taxes
e) Fees and charges for regulation & licensing
f) Situs of tax collected
9. Taxing powers of barangays (Exclude: Rates)
10. Common revenue raising powers
a) Service fees and charges
b) Public utility charges
c) Toll fees or charges
11. Community tax
12. Common limitations on the taxing powers of LGUs
13. Collection of business taxes
a) Tax period and manner of payment
b) Accrual of tax
c) Time of payment
d) Penalties on unpaid taxes, fees or charges
e) Authority of treasurer in collection and inspection of
books
14. Taxpayer’s remedies
a) Periods of assessment and collection of local taxes,
fees or charges
b) Protest of assessment
c) Claim for refund of tax credit for erroneously or
illegally collected tax, fee or charge
15. Civil remedies by the LGUs for collection of revenues
a) Local government’s lien for delinquent taxes, fees or
charges
b) Civil remedies, in general
(1) Administrative action
(2) Judicial action
B. Real property taxation
1. Fundamental principles
2. Nature of real property tax
3. Imposition of real property taxes
a) Power to levy real property taxes
Page 12 of 17
b) Exemption from real property taxes

4. Appraisal and assessment of real property tax
a) Rule on appraisal of real property tax at fair market
value
b) Declaration of real property
c) Listing of real property in assessment rolls
d) Preparation of schedules of fair market values
(1) Authority of assessor to take evidence
(2) Amendment of schedule of fair market values
e) Classes of real property
f) Actual use of property as basis of assessment
g) Assessment of property
(1) General revisions of assessments and property
classifications
(2) Date of effectivity of assessment or
reassessment
h) Assessment of property subject to back taxes
i) Notification of new or revised assessments
C. Collection of real property tax
1. Date of accrual of real property taxes and special levies
2. Collection of taxes
a) Collecting authority
b) Duty of assessor to furnish local treasurer with
assessment rolls
c) Notice of time for collection of taxes
3. Periods within which to collect real property taxes
4. Special rules on payment
a) Payment of real property taxes in installments
b) Interests on unpaid real property taxes
c) Condonation of real property taxes
5. Remedies of LGUs for collection of real property taxes
a) Issuance of notice of delinquency for real property tax
payment
b) Local government’s lien
c) Remedies in general
d) Resale of real estate taken for taxes, fees or charges
Page 13 of 17
e) Further levy until full payment of amount due

D. Refund or credit of real property taxes
1. Payment under protest
2. Repayment of excessive collections
E. Taxpayer’s remedies
1. Contesting an assessment of value of real property
a) Appeal to the Local Board of Assessment Appeals
(LBAA)
b) Appeal to the Central Board of Assessment Appeals
(CBAA)
c) Effect of payment of tax
F. Payment of real property tax under protest
1. File protest with local treasurer
2. Appeal to the LBAA
3. Appeal to the CBAA
4. Appeal to the Court of Tax Appeals (CTA)
5. Appeal to the Supreme Court (SC)
IV. TARIFF AND CUSTOMS CODE OF THE PHILIPPINES (P.D. No.

1464), as amended by the CUSTOMS MODERNIZATION AND
TARIFF ACT (Republic Act No. 10863, which took effect on
June 16, 2016)
A. Tariff and duties
1. Definitions
2. Purpose for Imposition
3. Kinds or Classification of Duties
a) Ordinary/regular duties
(1) Ad valorem (Exclude: Methods of Valuation)
(2) Specific
b) Special duties
(1) Dumping duties
(2) Countervailing duties
(3) Marking duties
(4) Retaliatory/discriminatory duties
(5) Safeguard Measures
4. Flexible tariff clause
Page 14 of 17
B. Accrual and Payment of Tax and Duties

1. General Rule: Except as otherwise provided, all goods
imported into the Philippines shall be subject to duty upon
importation, including goods previously exported from the
Philippines.
a) Taxable Importations
b) Prohibited Importations
c) De Minimis Importations (Small Value Importations)
d) Conditionally-Free and Duty-Exempt Importations
(1) Returning residents
(2) Conditions for exemption from tax and duties
(3) Balikbayan boxes
2. Goods Declaration
a) Formal entry distinguished from Informal entry
b) Filing of Goods Declaration
c) Assessment and Payment of Duties and Taxes,
Interest and Surcharge
d) Provisional Goods Declarations
e) Relief Consignments
f) Misdeclaration, Misclassification, and Undervaluation
in Goods Declarations
(1) Definition and distinction
(2) Imposition of Surcharges
C. Unlawful Importation or Exportation (Exclude: Penalties)
1. Technical smuggling and Outright smuggling
2. Other fraudulent practices
D. Remedies
1. Government
a) Administrative/extrajudicial
(1) Search, seizure, forfeiture, arrest
(2) Authority of the Commissioner to make
compromise
b) Judicial
(1) Rules on appeal including jurisdiction
2. Taxpayer
a) Protest
b) Abandonment
Page 15 of 17
c) Abatement and refund
V. JUDICIAL REMEDIES [R.A. No. 1125, as amended, and the

Revised Rules of the Court of Tax Appeals (CTA)]
A. Jurisdiction of the CTA
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
(1) Prescriptive period
2. Civil cases
a) Who may appeal, mode of appeal, effect of appeal
(1) Suspension of collection of tax
(2) Injunction not available to restrain collection
(3) Taking of evidence
(4) Motion for reconsideration or new trial
b) Appeal to the CTA, en banc
c) Petition for review on certiorari to the SC
3. Criminal cases
a) Institution and prosecution of criminal actions
(1) Institution of civil action in criminal action
b) Appeal and period to appeal
(1) Solicitor General as counsel for the people and
government officials sued in their official
capacity
c) Petition for review on certiorari to the SC
IMPORTANT NOTES:
Page 16 of 17
Page 17 of 17
MERCANTILE LAW
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
II. TRUST RECEIPTS LAW

A. Definition/Concept of a Trust Receipt Transaction
1. Loan/Security Feature
2. Ownership of the Goods, Documents and
Instruments under a Trust Receipt
B. Rights of the Entruster
1. Validity of the Security Interest as Against the
Creditors of the Entrustee/Innocent Purchasers for
Value
C. Obligations and Liabilities of the Entrustee
1. Payment/Delivery of Proceeds of Sale or Disposition
of Goods, Documents or Instruments
2. Return of Goods, Documents or Instruments in Case
of Sale
3. Liability for Loss of Goods, Documents or
Instruments
4. Penal Sanction if Offender is a Corporation
D. Remedies Available
E. Warehouseman’s Lien
III. NEGOTIABLE INSTRUMENTS LAW

A. Forms and Interpretation
1. Requisites of Negotiability
2. Kinds of Negotiable Instruments
2018 Bar Examinations MERCANTILE LAW
B. Completion and Delivery

1. Insertion of Date
2. Completion of Blanks
3. Incomplete and Undelivered Instruments
4. Complete but Undelivered Instruments
C. Signature
1. Signing in Trade Name
2. Signature of Agent
3. Indorsement by Minor or Corporation
4. Forgery
D. Consideration
E. Accommodation Party
F. Negotiation
1. Distinguished from Assignment
2. Modes of Negotiation
3. Kinds of Indorsements
G. Rights of the Holder
1. Holder in Due Course
2. Defenses Against the Holder
H. Liabilities of Parties
1. Maker
2. Drawer
3. Acceptor
4. Indorser
5. Warranties
I. Presentment for Payment
1. Necessity of Presentment for Payment
2. Parties to Whom Presentment for Payment should be
Made
3. Dispensation with Presentment for Payment
4. Dishonor by Non-Payment
J. Notice of Dishonor
1. Parties to be Notified
2. Parties who may Give Notice and Dishonor
3. Effect of Notice
4. Form of Notice
Page 2 of 16
5. Waiver
6. Dispensation with Notice
7. Effect of Failure to Give Notice
K. Discharge of Negotiable Instrument
1. Discharge of Negotiable Instrument
2. Discharge of Parties Secondarily Liable
3. Right of Party who Discharged Instrument
4. Renunciation by Holder
L. Material Alteration
1. Concept
2. Effect of Material Alteration
M. Acceptance
1. Definition
2. Manner
3. Time for Acceptance
4. Rules Governing Acceptance
N. Presentment for Acceptance
1. Time/Place/Manner of Presentment
2. Effect of Failure to Make Presentment
3. Dishonor by Non-Acceptance
O. Promissory Notes
P. Checks
1. Definition
2. Kinds
3. Presentment for Payment
a. Time
b. Effect of Delay
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
Page 3 of 16
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. Delay in issuance of Policy
2. Premium Payment
3. Non-Default Options in Life Insurance
4. Reinstatement of a Lapsed Policy of Life Insurance
5. Refund of Premiums
G. Rescission of Insurance Contracts
1. Concealment
2. Misrepresentation/Omissions
3. Breach of Warranties
H. Claims Settlement and Subrogation
1. Notice and Proof of Loss
2. Guidelines on Claims Settlement
a. Unfair Claims Settlement; Sanctions
b. Prescription of Actions
c. Subrogation
V. TRANSPORTATION LAWS
A. Common Carriers
1. Diligence Required of Common Carriers
2. Liabilities of Common Carriers
B. Vigilance over Goods
1. Exempting Causes
a. Requirement of Absence of Negligence
b. Absence of Delay
Page 4 of 16
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. Stipulations Limiting 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
Page 5 of 16
2. Liability of Ship Owners and Shipping Agents

a. Liability for Acts of Captain
b. Limited Liability Rule
c. Exceptions to the Limited Liability Rule
3. Accidents and Damages in Maritime Commerce
a. General and Particular Averages
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
VI. THE CORPORATION CODE

A. Corporation
1. Definition
2. Attributes of a 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
b. Test in Determining Applicability
Page 6 of 16
E. Incorporation and Organization

1. Number and Qualifications of Incorporators
2. Corporate Name; Limitations on Use of Corporate
Name
3. Corporate Term
4. Minimum Capital Stock and Subscription
Requirements
5. Articles of Incorporation
a. Nature and Function of Articles
b. Contents
c. Amendment
d. Non-Amendable Items
6. Registration and Issuance of Certificate of
Incorporation
7. Adoption of By-Laws
a. Nature and Functions of By-Laws
b. Requisites of Valid By-Laws
c. Binding Effect
d. Amendment or Revision
F. Corporate Powers
1. General Powers; Theory of General Capacity
2. Specific Powers; Theory of Specific Capacity
a. Power to Extend or Shorten Corporate Term
b. Power to Increase or Decrease Capital Stock or
Incur, Create, Increase Bonded Indebtedness
c. Power to Deny Pre-Emptive Rights
d. Power to Sell or Dispose of Corporate Assets
e. Power to Acquire Own Shares
f. Power to Invest Corporate Funds in Another
Corporation or Business
g. Power to Declare Dividends
h. Power to Enter Into Management Contracts
i. Ultra Vires Acts
i. Applicability of Ultra Vires Doctrine
ii. Consequences of Ultra Vires Acts
3. How Exercised
a. By the Shareholders
Page 7 of 16
b. By the Board of Directors

c. By the Officers
4. Trust Fund Doctrine
G. Board of Directors and Trustees
1. Doctrine of Centralized Management
2. Business Judgment Rule
3. Tenure, Qualifications, and Disqualifications of
Directors or Trustees
4. Elections
a. Cumulative Voting/Straight Voting
b. Quorum
5. Removal
6. Filling of Vacancies
7. Compensation
8. Rules on Fiduciaries’ Duties and Liabilities
9. Responsibility for Crimes
10. Inside Information
11. Contracts
a. By Self-Dealing Directors with the Corporation
b. Between Corporations with Interlocking Directors
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 Stockholders 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
Page 8 of 16
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. Obligations 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 Shares of Stock
3. Shares of Stock
a. Nature of Shares of Stock
b. Consideration for Shares of Stock
c. Watered Stock
i. Definition
ii. Liability of Directors for Watered Stocks
iii. Trust Fund Doctrine for Liability for Watered
Stocks
d. Situs of the Shares of Stock
e. Classes of Shares of Stock
4. Payment of Balance of Subscription
Page 9 of 16
a. Call by Board of Directors

b. Notice Requirement
c. Sale of Delinquent Shares
i. Effect of Delinquency
ii. Call by Resolution of the Board of Directors
iii. Notice of Sale
iv. Auction Sale and the Highest Bidder
5. Certificate of Stock
a. Nature of the Certificate
b. Uncertificated Shares
c. Negotiability
i. Requirements for Valid Transfer of Stocks
d. Issuance
i. Full Payment
ii. Payment Pro-Rata
e. Lost or Destroyed Certificates
6. Stock and Transfer Book
a. Contents
b. Who May Make Valid Entries
7. Disposition and Encumbrance of Shares
a. Sale of shares
b. Allowable Restrictions on the Sale of Shares
c. Requisites of a Valid Transfer
d. Involuntary Dealings with Shares
J. Dissolution and Liquidation
1. Modes of Dissolution
a. Voluntary
i. Where No Creditors Are Affected
ii. Where Creditors Are Affected
iii. Shortening of Corporate Term
b. Involuntary
i. Expiration of Corporate Term
ii. Non-use of Corporate Charter or Continuous
Inorperation of a Corporation
iii. Legislative Dissolution
iv. Dissolution by the SEC on Grounds under
Page 10 of 16
Existing Laws
2. Methods of Liquidation
a. By the Corporation Itself
b. By Conveyance to a Trustee within a Three-Year
Period
c. By Management Committee or Rehabilitation
Receiver
d. By Liquidation after Three Years
K. Other Corporations
1. Non-Stock Corporations
a. Definition
b. Purposes
c. Treatment of Profits
d. Distribution of Assets upon Dissolution
2. Foreign Corporations
a. Bases of Authority over Foreign Corporations
i. Consent
ii. Doctrine of “Doing Business” (related to
definition under the R.A. No. 7042 or the
Foreign Investments Act)
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
f. Grounds for Revocation of License
L. Mergers and Consolidations
1. Definition and Concept
2. Plan of Merger or Consolidation
3. Articles of Merger or Consolidation
4. Procedure
5. Effectivity
6. Effects and Limitations
Page 11 of 16
VII. SECURITIES REGULATION CODE (R.A. NO. 8799)

A. State Policy, Purpose
B. Definition of Securities
C. Kinds of Securities
1. Exempt Securities
2. Exempt Transactions
3. Non Exempt
D. Procedure for Registration of Securities
E. Prohibitions on Fraud, Manipulation and Insider Trading
1. Manipulation of Security Prices
2. Fraudulent Transactions
3. Insider Trading
F. Protection of Investors
1. Tender Offer Rule
2. Rules on Proxy Solicitation
3. Disclosure Rule
G. Civil Liability
VIII. BANKING LAWS

A. The New Central Bank Act (R.A. No. 7653)
1. State Policies
2. Responsibility and Primary Objective of the BSP
3. Monetary Board; Powers and Functions
4. The BSP and Banks in Distress
a. Conservatorship
b. Closure
c. Receivership
d. Liquidation
5. Legal Tender Power
6. Foreign Exchange Operations
B. Law on Secrecy of Bank Deposits (R.A. No. 1405, as
amended)
1. Purpose
2. Prohibited Acts
3. Deposits Covered
4. Exceptions
Page 12 of 16
5. Garnishment of Deposits, including Foreign Deposits

C. General Banking Law of 2000 (R.A. No. 8791)
1. Definition and Classification of Banks
2. Distinction of Banks from Quasi-Banks and Trust
Entities
3. Bank Powers and Liabilities
a. Corporate Powers
b. Banking and Incidental Powers
4. Diligence Required of Banks
5. Nature of Bank Funds and Bank Deposits
6. Stipulation on Interests
7. Grant of Loans and Security Requirements
a. Ratio of Net Worth to Total Risk Assets
b. Single Borrower’s Limit
c. Restrictions on Bank Exposure to DOSRI
(Directors, Officers, Stockholders and their
Related Interests)
IX. INTELLECTUAL PROPERTY CODE (EXCLUDE IMPLEMENTING

RULES & REGULATIONS)
A. Intellectual Property Rights in General
1. Intellectual Property Rights
2. Differences between Copyrights, Trademarks and
Patent
B. Patents
1. Patentable Inventions
2. Non-Patentable Inventions
3. Ownership of a Patent
a. Right to a Patent
b. First-to-File Rule
c. Inventions Created Pursuant to a Commission
d. Right of Priority
4. Grounds for Cancellation of a Patent
5. Remedy of the True and Actual Inventor
6. Rights Conferred by a Patent
7. Limitations of Patent Rights
a. Prior User
Page 13 of 16
b. Use by the Government

8. Patent Infringement
a. Tests in Patent Infringement
i. Literal Infringement
ii. Doctrine of Equivalents
b. Defenses in Actions for Infringement
9. Licensing
a. Voluntary
b. Compulsory
10. Assignment and Transmission of Rights
C. Trademarks
1. Definition of Marks, Collective Marks, Trade Names
2. Acquisition of Ownership of Mark
3. Acquisition of Ownership of Trade Name
4. Non-Registrable Marks
5. Tests to Determine Confusing Similarity between
Marks
a. Dominancy Test
b. Holistic Test
6. Well-Known Marks
7. Rights Conferred by Registration
8. Infringement and Remedies
a. Trademark Infringement
b. Damages
c. Requirement of Notice
9. Unfair Competition
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
Page 14 of 16
7. Copyright Infringement
X. SPECIAL LAWS
A. 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. Money Laundering; How 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
B. Foreign Investments Act (R.A. No. 7042)
1. Policy of the Law
2. Definition of Terms
a. Foreign Investment
b. “Doing Business” in the Philippines
c. Export Enterprise
d.Domestic Market Enterprise
C. Electronic Commerce Act of 2000 (R.A. No. 8792) and
A.M. No. 01-7-01-SC or the Rules on Electronic Evidence
D. Philippine Competition Act (R.A. No. 10667)
E. Financial Rehabilitation and Insolvency Act of 2010 (R.A.
No. 10142)
1. Types of Rehabilitation Proceedings
a. Court Supervised
i. Voluntary Proceedings
ii. Involuntary Proceedings
b. Pre-Negotiated
c. Out of Court or Informal
2. Commencement Order
3. Rehabilitation Receiver
Page 15 of 16
4. Management Committee
5. Rehabilitation Plan
6. Cram Down Effect
7. Stay or Suspension Order
8. Liquidation
a. Kinds of Debtors
i. Juridical Debtors
1) Voluntary Liquidation
2) Involuntary Liquidation
ii. Individual Debtors
1) Suspension of Payments
2) Voluntary Liquidation
3) Involuntary Liquidation
b. Procedure
i. Conversion of Rehabilitation Proceedings to
Liquidation Proceedings
ii. Liquidation Order
iii. Effects of the Liquidation Order
iv. Rights Of Secured Creditors
v. Powers, Duties, and Responsibilities of the
Liquidator
vi. Determination of Claims
vii. Liquidation Plan
IMPORTANT NOTES:
Examinations.
herein.
Page 16 of 16
CRIMINAL LAW
I. REVISED PENAL CODE (RPC) BOOK I

A. Fundamental and General Principles in Criminal Law
1. Definition of Criminal Law
a) Mala in Se and Mala Prohibita
2. Applicability and Effectivity of the Penal Code
a) Generality
b) Territoriality
c) Prospectivity
B. Felonies
1. Criminal Liabilities and Felonies
a) Classifications of felonies
b) Elements of criminal liability
c) Impossible crime
d) Stages of execution
e) Continuing crimes
f) Complex crimes and composite crimes
2. Circumstances affecting Criminal Liability
a) Justifying circumstances
b) Exempting circumstances
c) Mitigating circumstances
d) Aggravating circumstances
e) Alternative circumstances
f) Absolutory causes
3. Persons Liable and Degree of Participation
a) Principals, accomplices, and accessories
b) Conspiracy and proposal
c) Multiple offenders (differences, rules, effects)
d) Include: Obstruction of Justice (P.D. No. 1829)
2018 Bar Examinations CRIMINAL LAW
C. Penalties
1. Principles (include R.A. No. 9346 - An Act Prohibiting
the Imposition of Death Penalty in the Philippines)
2. Classification
3. Duration and Effect
4. Application
a) Indeterminate Sentence Law (Act. No. 4103,
as amended)
b) Three-fold rule
c) Subsidiary imprisonment
5. Graduation of Penalties
6. Accessory Penalties
7. Computation of Penalties
8. Execution and service (Include: P.D. No. 968 –
Probation Law, as amended; and R.A. No. 9344 –
Juvenile Justice and Welfare Act, as amended)
D. Criminal and Civil Liabilities
1. Extinction of Criminal Liabilities
2. Civil Liabilities in Criminal Cases
II. REVISED PENAL CODE (BOOK II)

A. Crimes against National Security and Laws of Nations
B. Crimes against the Fundamental Laws of the State
C. Crimes against Public Order
D. Crimes against Public Interest
E. Crimes against Public Morals
F. Crimes committed by Public Officers
G. Crimes against Persons
H. Crimes against Personal Liberty and Security
I. Crimes against Property
J. Crimes against Chastity
K. Crimes against the Civil Status of Persons
L. Crimes against Honor (include Administrative Circular 08-
2008 Re: Guidelines in the Observance of a Rule of
Preference in the Imposition of Penalties in Libel Cases,
January 25, 2008)
Page 2 of 4
III. QUASI-OFFENSES
A. Article 365, RPC – Criminal Negligence
IV. SPECIAL LAWS

A. Anti-Arson Law (P.D. No. 1613)
B. Anti-Carnapping Law (R.A. No. 6539, as amended by R.A.
Nos. 7659 and 10883)
C. Anti-Child Abuse Law (R.A. No. 7610, as amended)
D. Anti-Child Pornography Law (R.A. No. 9775)
E. Anti-Fencing Law (P.D. No. 1612)
F. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as
amended)
G. Anti-Hazing Law (R.A. No. 8049)
H. Anti-Hijacking Law (R.A. No. 6235)
I. Anti-Piracy and Anti-Highway Robbery (P.D. No. 532)
J. Anti-Plunder Act (R.A. No. 7080, as amended)
K. Anti-Sexual Harassment (R.A. No. 7877)
L. Anti-Torture Act (R.A. No. 9745)
M. Anti-Trafficking in Persons Act (R.A. No. 9208)
N. Anti-Violence against Women and their Children Act (R.A.
No. 9262)
O. Bouncing Checks Law (B.P. Blg. 22)
P. Comprehensive Dangerous Drugs Act (R.A. No. 9165)
Q. Illegal Possession of Firearms (P.D. No. 1866, as amended
by R.A. Nos. 8294 and 10591)
R. Indeterminate Sentence Law (R.A. No. 4103, as amended)
S. Juvenile Justice and Welfare Act (R.A. No. 9344, as
amended by R.A. No. 10630, and in relation to P.D. No.
603)
T. Obstruction of Justice (P.D. No. 1829)
U. Probation Law (P.D. No. 968, as amended by R.A. No.
10707)
V. Cybercrime Prevention Act (R.A. No. 10175)
W. Human Security Act (R.A. No. 9372) – defining acts of
terrorism
Page 3 of 4
EXCLUDE Special criminal laws and administrative circulars

not included in the above listing, as follows:
A. Anti-Alias Law (R.A. No. 142)
B. Anti-Money Laundering Law Act of 2010 (R.A. No. 9160
as amended by R.A. No. 9194)
C. Anti-Photo and Video Voyeurism Act of 2009 (R. A. No.
9995)
D. Code of Conduct of Public Officials and Employees (R.A.
No. 6713)
E. Government Procurement Reform Act (R.A. No. 9184)
IMPORTANT NOTES:
Examinations.
herein.
Page 4 of 4
REMEDIAL LAW
I. GENERAL PRINCIPLES OF REMEDIAL LAW

A. Concepts in Remedial Law
B. Substantive law vis-à-vis-remedial law
C. Rule-making power of the Supreme Court
1. Limitations on the rule-making power of the Supreme
Court
2. Power of the Supreme Court to amend and suspend
procedural rules
D. Nature of Philippine courts
1. Meaning of a court
a) Court as distinguished from a judge
2. Classification of courts
a) Courts of original appellate jurisdiction
b) Courts of general and special jurisdiction
c) Constitutional and statutory courts
d) Courts of law and equity
3. Principle of judicial hierarchy
4. Doctrine of non-interference or doctrine of judicial stability
II. GENERAL PRINCIPLES ON JURISDICTION

A. Jurisdiction of Courts
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Regional Trial Courts
5. Family Courts
6. Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, Municipal Circuit Trial Courts
7. Shari’ah Courts
B. Jurisdiction over the parties
1. How jurisdiction over the plaintiff is acquired
2. How jurisdiction over the defendant is acquired
2018 Bar Examinations REMEDIAL LAW
C. Jurisdiction over the subject matter

1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction
3. Error of jurisdiction as distinguished from error in
judgment
4. How jurisdiction is conferred and determined
5. Doctrine of adherence of jurisdiction
6. Objections to jurisdiction over the subject matter
7. Effect of estoppel on objections to jurisdiction
D. Jurisdiction over the issues
E. Jurisdiction over the res or the property in litigation
F. Jurisdiction over cases covered by The Revised Rules of
Procedure for Small Claims Cases, The Revised Rules on
Summary Procedure, and Barangay Conciliation
G. Totality rule
III. CIVIL PROCEDURE

A. Actions
1. Meaning of ordinary civil actions
2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil Actions versus Special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem
8. Independent civil action
B. Cause of Action
1. Meaning of cause of action
2. Right of action versus cause of action
3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action
5. Splitting a single cause of action and its effects
6. Joinder and misjoinder of causes of action
Page 2 of 28
C. Parties to Civil Actions

1. Real Parties in interest; Indispensable parties;
Representatives as parties; Necessary parties; Indigent
Parties; Alternative defendants
2. Compulsory and permissive joinder of parties
3. Misjoinder and non-joinder of parties
4. Class suits
5. Suits against entities without juridical personality
6. Effect of death of party litigant
7. Distinction between real party in interest and locus standi
D. Venue
1. Venue versus Jurisdiction
2. Venue of real actions
3. Venue of personal actions
4. Venue of actions against non-residents
5. When the rules on venue do not apply
6. Effects of stipulations on venue
E. Rules on Pleadings
1. Kinds of pleadings
a) Complaint
b) Answer
(1) Negative Defenses
(2) Negative pregnant
(3) Affirmative Defenses
c) Counterclaims
(1) Compulsory counterclaim
(2) Permissive counterclaim
(3) Effect on the counterclaim when the complaint
is dismissed
d) Cross-claim
e) Third (fourth, etc.) party complaint
f) Complaint-in-Intervention
g) Reply
Page 3 of 28
2. Pleadings allowed under The 2016 Revised Rules of

Procedure for Small Claims Cases and The1991 Revised
Rule on Summary Procedure
3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum-shopping
(1) Requirements of a corporation executing the
verification/certification of non-forum shopping
d) Effect of the signature of counsel in a pleading
4. Allegations in a pleading
a) Manner of making allegations
(1) Conditions precedent
(2) Fraud, mistake, malice, intent, knowledge,
and other conditions of the mind, judgments,
official documents or acts
b) Pleading an actionable document
c) Specific Denials
(1) Effect of failure to make specific denials
(2) When a specific denial requires an oath
5. Effect of failure to plead
a) Failure to plead defenses and objections
b) Failure to plead a compulsory counterclaim and
cross-claim
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 partial default
e) Extent of relief to be awarded
f) Actions where default is not allowed
F. Filing and Service of Pleadings, Judgments, Final Orders and
Resolutions
1. Payment of docket fees
2. Filing versus service of pleadings
3. Periods of filing of pleadings
4. Manner of filing
5. Modes of service
Page 4 of 28
a) Personal service
b) Service by mail
c) Substituted service
d) Service of judgments, finals orders, or resolutions
e) Priorities in modes of service and filing
f) When service is deemed complete
g) Proof of filing and service
G. Amendment
1. Amendments as a matter of right
2. Amendments by leave of court
3. Formal amendments
4. Amendments to conform to or authorize presentation of
evidence
5. Supplemental pleadings
6. Effect of amended pleading
H. Summons
1. Nature and purpose of summons in relation to actions in
personam, in rem and quasi in rem
2. Voluntary appearance
3. Personal service
4. Substituted service
5. Constructive service (by publication)
a) Service upon defendant whose identity or
whereabouts is unknown
b) Service upon residents temporarily outside the
Philippines
6. Extraterritorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service
I. Motions (General Principles, Motion for Bill of Particulars,
Motion to Dismiss)
1. Motions in general
a) Definition of a motion
b) Motions versus pleadings
c) Contents and forms of motions
d) Notice of hearing and hearing of motions
e) Omnibus motion rule
Page 5 of 28
f) Litigated and ex parte motions

g) Pro-forma motions
2. Motion for bill of particulars
a) Purpose and when applied for
b) Action of the court
c) Compliance with the order and effect of non-
compliance
d) Effect on the period to file a responsive pleading
3. Motion to Dismiss
a) Grounds
b) Resolution of motion
c) Remedies of plaintiff when the complaint is
dismissed
d) Remedies of the defendant when the motion is
denied
e) Effect of dismissal of complaint on certain grounds
f) When grounds pleaded as affirmative defenses
g) Bar by dismissal
h) Distinguished from demurrer to evidence under
Rule 33
J. Dismissal of Actions
1. Dismissal upon notice by the plaintiff; Two-dismissal rule
2. Dismissal upon motion of plaintiff; effect on existing
counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party
complaint
K. Pre-Trial
1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to file
6. Distinction between pre-trial in a civil case and pre-trial in
a criminal case
L. Intervention
1. Requisites for intervention
2. Time to intervene
Page 6 of 28
3. Remedy for the denial of motion to intervene

M. Subpoena
1. Suboena duces tecum
2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; Contempt
5. Quashing of subpoena
N. Modes of Discovery
1. Deposition pending action; Deposition before action or
pending appeal
a) Meaning of deposition
b) Uses; Scope of examination
c) When may objections to admissibility be made
d) When may taking of deposition be terminated or its
scope limited
2. Written interrogatories to adverse parties
a) Consequences of refusal to answer
b) Effect of failure to serve written interrogatories
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
4. Production or inspection of documents or things
5. Physical and mental examination of persons
6. Consequences of refusal to comply with modes of
discovery
O. Trial
1. Adjournments and postponements
2. Requisites of motion to postpone trial
a) For absence of evidence
b) For illness of party or counsel
3. Agreed statement of facts
4. Order of trial; reversal of order
5. Consolidation or severance of hearing or trial
Page 7 of 28
6. Delegation of reception of evidence

7. Trial by commissioners
a) Reference by consent or ordered on motion
b) Powers of the commissioner
c) Commissioner’s report; notice to parties and
hearing on the report
P. Demurrer to Evidence
1. Grounds
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer to
evidence in a criminal case
Q. Judgments and Final Orders
1. Judgment without trial
2. Contents of a judgment
3. Memorandum Decision
4. Judgment on the pleadings
5. Summary judgments
a) For the claimant
b) For the defendant
c) When the case not fully adjudicated
d) Affidavits and attachments
6. Judgment on the pleadings versus summary judgments
7. Rendition of judgments and final orders
8. Entry of judgment and final order
R. Post-judgment Remedies
1. Motion for new trial or reconsideration
a) Grounds
b) When to File
c) Denial of the motion; effect
d) Grant of the motion; effect
e) Remedy when motion is denied; Fresh 15-day
period rule
Page 8 of 28
2. Appeals
a) Judgments and final orders subject to appeal
b) Matters not appealable
c) Remedy against judgments and orders which are
not appealable
d) Final Judgment Rule; Exceptions
e) Modes of appeal
(1) Ordinary appeal
(2) Petition for review
(3) Petition for review on certiorari
f) Issues to be raised on appeal
g) Period of appeal
h) Perfection of appeal
i) Participation of the Solicitor General during appeal
j) Appeal from judgments or final orders of the MTC
k) Appeal from judgments or final orders of the RTC
l) Appeal from judgments or final orders of the CA
m) Review of judgments or final orders of the COA
n) Review of judgments or final orders of the
COMELEC
o) Review of judgments or final orders of the CSC
p) Review of judgments or final orders of the
Ombudsman
q) Review of judgments or final orders of quasi-judicial
agencies
r) Dismissal, reinstatement, and withdrawal of appeal
s) Dual function of appellate courts
t) The “Harmless Error Rule” in Appellate Decisions
u) Relief from judgments or final orders and
resolutions
(1) Grounds for availing of the remedy
(2) Time to file action
(3) Contents of petition
3. Annulments of judgments or final orders and resolutions
(1) Grounds for annulment
(2) Period to file action
(3) Effects of judgment of annulment
Page 9 of 28
4. Collateral attack on judgments

S. Execution, Satisfaction and Effect of Judgments
1. Difference between finality of judgment for purposes of
appeal and for purposes of execution
2. When execution shall issue
a) Execution as a matter of right
b) Discretionary execution
3. How a judgment is executed
a) Execution by motion or by independent action
b) Issuance and contents of a writ of execution
c) Execution of judgments for money
d) Execution of judgments for specific acts
e) Execution of special judgments
f) Effect of levy on third persons
4. Properties exempt from execution
5. Proceedings where property is claimed by third persons
a) In relation to third party claim in attachment and
replevin
6. Rules on redemption
7. Examination of judgment obligor when judgment is
unsatisfied
8. Examination of obligor of judgment obligor
9. Effect of judgments or final orders
10. Enforcement and effect of foreign judgments or final
orders
Page 10 of 28
IV. PROVISIONAL REMEDIES

A. General matters
1. Nature of provisional remedies
2. Jurisdiction over provisional remedies
B. Preliminary attachment
1. Grounds for issuance of writ of attachment
2. Requisites
3. Issuance and contents of order of attachment; affidavit
and bond
4. Rule on prior or contemporaneous service of summons
5. Manner of attaching real and personal property; when
property attached is claimed by third persons
6. Discharge and the counter-bond
7. Satisfaction of judgment out of property attached
C. Preliminary injunction
1. Definitions and differences: preliminary injunction and
temporary restraining order (TRO)
2. Requisites
3. Kinds of injunction
4. When writ may be issued
5. Grounds for issuance of preliminary injunction
6. Grounds for objection to, or for the dissolution of
injunction or restraining order
7. Duration of TRO
8. In relation to RA 8975 - ban on issuance of TRO or writ of
injunction in cases involving government infrastructure
projects
9. Rule on prior or contemporaneous service of summons in
relation to attachment
D. Receivership
1. Cases when a receiver may be appointed
2. Requisites
3. Requirements before issuance of an order appointing a
receiver
4. General powers of a receiver
5. Two (2) kinds of bonds
6. Termination of receivership
Page 11 of 28
E. Replevin
1. When may a writ of replevin be issued
2. Requisites
3. Affidavit and bond; Redelivery bond
4. Sheriff’s duty in the implementation of the writ; when
property is claimed by third party
V. SPECIAL CIVIL ACTIONS

A. General matters
1. Nature of special civil actions
2. Ordinary civil actions versus special civil actions
3. Jurisdiction and venue
B. Interpleader
1. Requisites for interpleader
2. When to file
C. Declaratory relief and similar remedies
1. Who may file the action
2. Requisites of an action for declaratory relief
3. When may the court refuse to make judicial declaration
4. Conversion to ordinary action
5. Proceedings considered as similar remedies
a) Reformation of an instrument
b) Consolidation of ownership
c) Quieting of title to real property
D. Review of judgments and final orders or resolutions of the
COMELEC and COA.
1. Application of Rule 65 under Rule 64
2. Distinction in the application of Rule 65 to judgments of
the COMELEC and COA and the application of Rule 65 to
other tribunals, persons, and officers
E. Certiorari, prohibition and mandamus
1. Definitions and distinctions
a) Certiorari distinguished from appeal by certiorari
b) Prohibition and mandamus distinguished from
injunction
Page 12 of 28
2. Requisites
3. When petition for certiorari, prohibition or mandamus is
proper
4. Injunctive Relief
5. Exceptions to filing of motion for reconsideration before
filing petition
6. Reliefs petitioner is entitled to
7. Actions/Omissions of MTC/RTC in election cases
8. When and where to file petition
9. Effects of filing of an unmeritorious petition
F. Quo warranto
1. Distinguished from quo warranto under the Omnibus
Election Code
2. When can the government commence an action against
individuals
3. When can an individual commence an action
4. Judgment in quo warranto action
5. Rights of a person adjudged entitled to public office
G. Expropriation
1. Matters to allege in complaint for expropriation
2. Two stages in every action for expropriation
3. When plaintiff can immediately enter into possession of
the real property, in relation to RA No. 8974
4. New system of immediate payment of initial just
compensation
5. Defenses and objections
6. Order of expropriation
7. Ascertainment of just compensation
8. Appointment of Commissioners; Commissioners’ report;
Court action upon Commissioners’ report
9. Rights of plaintiff after judgment and payment
10. Effect of entry of judgment
H. Foreclosure of real estate mortgage
1. Judgment on foreclosure for payment or sale
2. Sale of mortgaged property; effect
3. Disposition of proceeds of sale
4. Deficiency judgment
Page 13 of 28
a) Instances when court cannot render deficiency

judgment
5. Judicial foreclosure versus extrajudicial foreclosure
6. Equity of redemption versus right of redemption
I. Partition
1. Who may file complaint; who should be joined as
defendants
2. Matters to allege in the complaint for partition
3. Two stages in every action for partition
4. Order of partition and partition by agreement
5. Partition by commissioners; Appointment of
commissioners; Commissioners’ report; Court action upon
commissioners’ report
6. Judgment and its effects
7. Partition of personal property
8. Prescription of action
J. Forcible entry and unlawful detainer
1. Definition and distinction
2. Distinguished from accion publiciana and accion
reivindicatoria
3. How to determine jurisdiction in accion publiciana and
accion reivindicatoria
4. Who may institute the action and when; against whom
may the action be maintained
5. Pleadings allowed
6. Action on the complaint
7. When demand is necessary
8. Preliminary injunction and preliminary mandatory
injunction
9. Resolving defense of ownership
10. How to stay the immediate execution of judgment
K. Contempt
1. Kinds of contempt
2. Purpose and nature of each
3. Remedy against direct contempt; penalty
4. Remedy against indirect contempt; penalty
5. How contempt proceedings are commenced
6. Acts deemed punishable as indirect contempt
Page 14 of 28
7. When imprisonment shall be imposed

8. Contempt against quasi-judicial bodies
VI. SPECIAL PROCEEDINGS

A. Settlement of Estate of Deceased Persons, Venue, and
Process
1. Which court has jurisdiction
2. Venue in judicial settlement of estate
3. Extent of jurisdiction of probate court
4. Powers and duties of probate court
B. Summary Settlement of Estates
1. Extrajudicial settlement by agreement between heirs,
when allowed
2. Two year prescriptive period
3. Affidavit of self-adjudication by sole heir
4. Summary settlement of estates of small value, when
allowed
5. Remedies of aggrieved parties after extrajudicial
settlement of estate
C. Production and Probate of Will
1. Nature of probate proceeding
2. Who may petition for probate; persons entitled to notice
D. Allowance or Disallowance of Will
1. Contents of petition for allowance of will
2. Grounds for disallowing a will
3. Reprobate
E. Requisites before a will proved abroad would be allowed in the
Philippines
1. Effects of probate
F. Letters Testamentary and Administration
1. When and to whom letters of administration granted
2. Order of preference
3. Opposition to issuance of letters testamentary;
simultaneous filing of petition for administration
4. Powers and duties of executors and administrators;
restrictions on their powers
5. Appointment of special administrator
6. Grounds for removal of administrator
Page 15 of 28
G. Claims against the Estate

1. Time within which claims should be filed; exceptions
2. Statute of non-claims
3. Claim of executor or administrator against the estate
4. How to file a claim
H. Actions By and Against Executors and Administrators
1. Actions that may be brought against executors and
administrators
2. Requisites before creditor may bring an action for
recovery of property fraudulently conveyed by the
deceased
I. Payment of the Debts of the Estate
J. Distribution and Partition
1. Liquidation
2. Project of partition
3. Remedy of an heir entitled to residue but not given his
share
4. Instances when probate court may issue writ of execution
K. Trustees
1. Distinguished from executor/administrator
2. Condition of the bond
3. Requisites for the removal and resignation of a trustee
4. Grounds for removal and resignation of a trustee
5. Extent of authority of trustee
L. Escheat
1. When to file
2. Requisites for filing of petition
3. Remedy of respondent against petition, period for filing a
claim
M. Guardianship
1. General powers and duties of guardians
2. Conditions of the bond of the guardian
3. Rule on guardianship over minor
Page 16 of 28
N. Writ of Habeas Corpus

1. Contents of the petition
2. Contents of the return
3. Distinguish peremptory writ from preliminary citation
4. When not proper/applicable
5. When writ disallowed/discharged
6. Distinguish from amparo and habeas data
7. Rule on custody of Minors and Writ of Habeas Corpus in
Relation to Custody of Minors (A.M. No. 03-04-04-SC)
O. Writ of Amparo (A.M. No. 07-9-12-SC)
1. Coverage
2. Distinguish from habeas corpus and habeas data
3. Differences between amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to file return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of a criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ of
amparo
P. Writ of Habeas Data (A. M. No. 08-1-16-SC)
1. Scope of writ
2. Availability of writ
3. Distinguish from habeas corpus and amparo
4. Who may file
5. Contents of the petition
6. Contents of return
7. Instances when petition may be heard in chambers
8. Consolidation
9. Effect of filing of a criminal action
10. Institution of separate action
Page 17 of 28
11. Quantum of proof in application for issuance of writ of

habeas data
Q. Change of Name
1. Differences under Rule 103, Rule 108, and R.A. No. 9048
2. Grounds for change of name
R. Absentees
1. Purpose of the rule
2. Who may file; when to file
S. Cancellation or correction of entries in the Civil Registry
1. Entries subject to cancellation or correction under
Rule108, in relation to R.A. No. 9048
VII. CRIMINAL PROCEDURE

A. General Matters
1. Distinguish jurisdiction over the subject matter from
jurisdiction over the person of the accused
2. Requisites for exercise of criminal jurisdiction
3. Jurisdiction of criminal courts
4. When injunction may be issued to restrain criminal
prosecution
B. Prosecution of Offenses
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be prosecuted de
officio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of complaint or information
6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information
10. Venue of criminal actions
11. Intervention of offended party
Page 18 of 28
C. Prosecution of Civil Action

1. Rule on implied institution of civil action with criminal
action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of death of accused or convict on civil action
5. Prejudicial question
6. Rule on filing fees in civil action deemed instituted with
the criminal action
D. Preliminary Investigation
1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of probable
cause
4. Resolution of investigating prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary
investigation
E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a) By officer with warrant
b) By officer without warrant
c) By private person
4. Requisites of a valid warrant of arrest
a) Determination of probable cause for issuance of
warrant of arrest
b) Distinguish between probable cause of prosecutor
from that of a judge
F. Bail
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
Page 19 of 28
5. Guidelines in fixing amount of bail

6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack of
or irregular preliminary investigation
10. Hold departure order and Bureau of Immigration watch list
G. Arraignment and Plea
1. Arraignment and plea, how made
2. When should plea of not guilty be entered
3. When may accused enter a plea of guilty to a lesser
offense
4. Accused pleads guilty to capital offense, what the court
should do
5. Searching inquiry
6. Improvident plea
7. Grounds for suspension of arraignment
H. Motion to Quash
1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is not a
bar to another prosecution
5. Double jeopardy
6. Provisional dismissal
I. Pre-trial
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended
party agree to the plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for court annexed mediation and
judicial dispute resolution
Page 20 of 28
J. Trial
1. Instances when presence of accused is required by law
2. Requisites before trial can be suspended on account of
absence of witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the
prescribed period
5. Requisites for discharge of accused to become a state
witness
6. Effects of discharge of accused as state witness
7. Demurrer to evidence
K. Judgment
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of
judgment in absentia
4. When does judgment become final
L. New Trial or Reconsideration
1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground
of newly-discovered evidence
4. Effects of granting new trial or reconsideration
5. Application of Neypes doctrine in criminal cases
M. Appeal
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
N. Search and Seizure
1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause
5. Personal examination by judge of the applicant and
witnesses
Page 21 of 28
6. Particularity of place to be searched and things to be

seized
7. Personal property to be seized
8. Exceptions to search warrant requirement
9. Remedies from unlawful search and seizure
O. Provisional Remedies
1. Nature
2. Kinds of provisional remedies
VIII. EVIDENCE
A. General Principles
1. Concept of evidence
2. Scope of the Rules on Evidence
3. Evidence in civil cases versus evidence in criminal cases
4. Proof versus evidence
5. Factum probans versus factum probandum
B. Admissibility of evidence
1. Requisites for admissibility of evidence
2. Relevance of evidence and collateral matters
3. Multiple admissibility
4. Conditional admissibility
5. Curative admissibility
6. Direct and circumstantial evidence
7. Positive and negative evidence
8. Competent and credible evidence
C. Burden of proof and burden of evidence
D. Presumptions
1. Conclusive presumption
2. Disputable presumption
E. Liberal construction of the Rules on Evidence
F. Quantum of evidence (weight and sufficiency of evidence)
1. Proof beyond reasonable doubt
2. Preponderance of evidence
3. Substantial evidence
4. Clear and convincing evidence
Page 22 of 28
G. Judicial Notice and Judicial Admissions

1. What need not be proved
2. Matters of judicial notice
a) Mandatory
b) Discretionary
3. Judicial admissions
a) Effect of judicial admissions
b) How judicial admissions may be contradicted
4. Judicial notice of foreign laws, law of nations and
municipal ordinances
H. Object (Real) Evidence
1. Nature of object evidence
2. Requisites for admissibility
3. Categories of object evidence
4. Demonstrative evidence
5. View of an object or scene
I. Documentary Evidence
1. Meaning of documentary evidence
2. Requisites for admissibility
a) Rules on Electronic Evidence (A.M. No. 01-7-01-
SC)
3. Best Evidence Rule
a) Meaning of the rule
b) When applicable
c) Meaning of original
d) Requisites for introduction of secondary evidence
4. Parol evidence Rule
a) Application of the parol evidence rule
b) When parol evidence can be introduced
c) Distinctions between the best evidence rule and the
parol evidence rule
5. Authentication and proof of documents
a) Meaning of authentication
b) Public and private documents
c) When a private writing requires authentication; proof
of a private writing
Page 23 of 28
d) When evidence of authenticity of a private writing is

not required (ancient documents)
e) How to prove genuineness of a hand writing
f) Public documents as evidence; proof of official
records
g) Attestation of a copy
h) Public record of a private document
i) Proof of lack of record
j) How a judicial record is impeached
k) Proof of notarial documents
l) How to explain alterations in a document
m) Documentary evidence in an unofficial language
J. Testimonial Evidence
1. Qualification of a witness
2. Competency versus credibility of a witness
3. Disqualifications of witnesses
a) Disqualification by reason of mental incapacity or
immaturity
b) Disqualification by reason of marriage
c) Disqualification by reason of death or insanity of
adverse party
d) Disqualification by reason of privileged
communications
(a) Husband and wife
(b) Attorney and client
(c) Physician and patient
(d) Priest and penitent
(e) Public officers
(f) Parental and filial privilege rule
4. Examination of a witness
a) Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
(1) Scope and where applicable
(2) Contents and procedure
(3) Application to criminal actions
(4) Effect of non-compliance
(5) Effect on other rules
Page 24 of 28
5. Rights and obligations of a witness

6. Order in the examination of an individual witness
a) Direct examination
b) Cross examination
c) Re-direct examination
d) Re-cross examination
e) Recalling the witness
7. Leading and misleading questions
8. Methods of impeaching the adverse party’s witness
9. How the witness is impeached by evidence of
inconsistent statements (laying the predicate)
10. Evidence of the good character of a Witness
11. 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
12. Hearsay rule
a) Meaning of hearsay
b) Reason for exclusion of hearsay evidence
c) Exceptions to the hearsay rule
(1) Dying declaration
(2) Declaration against interest
(3) Act or declaration about pedigree
(4) Family reputation or tradition regarding
pedigree
(5) Common reputation
(6) Part of the res gestae
(7) Entries in the course of business
(8) Entries in the official records
(9) Commercial lists and the like
Page 25 of 28
(10) Learned treatises

(11) Testimony or deposition at a former trial
13. Opinion rule
a) Opinion of expert witness
b) Opinion of ordinary witness
14. Character evidence
a) Criminal Cases
b) Civil Cases
K. Offer and objection
1. Offer of evidence
a) When to make an offer
b) Objection
c) Repetition of an objection
d) Ruling
e) Striking out of an answer
f) Tender of excluded evidence
IX. REVISED RULE ON SUMMARY PROCEDURE

A. Cases covered by the Rule
B. Prohibited pleadings and motions
C. Effect of failure to answer
D. Preliminary conference and appearances of parties
X. RULES OF PROCEDURE FOR SMALL CLAIMS CASES (AM No.

08-8-7-SC)
A. Scope and applicability of the rule
B. Commencement of small claims action; Response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment
Page 26 of 28
XI. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (AM

No. 09-6-8-SC)
A. Scope and Applicability of the Rule
B. Civil Procedure
1. Prohibition against temporary restraining order and
preliminary injunction
2. Pre-trial conference; consent decree
3. Prohibited pleadings and motions
4. Temporary Environmental Protection Order
5. Judgment and execution; reliefs in a citizen’s suit
6. Permanent Environmental Protection Order; writ of
continuing mandamus
7. Strategic lawsuit against public participation
C. Special Proceedings
1. Writ of Kalikasan
2. Prohibited pleadings and motions
3. Discovery measures
4. Writ of continuing mandamus
D. Criminal Procedure
1. Who may file
2. Institution of criminal and civil action
3. Arrest without warrant, when valid
4. Strategic lawsuit against public participation
5. Procedure in the custody and disposition of seized items
6. Bail
7. Arraignment and plea
8. Pre-trial
9. Subsidiary liabilities
E. Evidence
1. Precautionary principle
2. Documentary evidence
IMPORTANT NOTES:
Page 27 of 28

Page 28 of 28
LEGAL AND JUDICIAL ETHICS AND
PRACTICAL EXERCISES
I. LEGAL ETHICS
A. Practice of Law (Rule 138)
1. Concept
a. Definition of the practice of law
b. Practice of law is a privilege, not a right
c. Law as a profession, not a business or trade
2. Qualifications for admission to the Bar
a. Bar Matter No. 1153, amending Sections 5 and 6 of
Rule 138
3. Continuing requirements for membership in the bar
a. Good moral character
b. Citizenship
i. Reacquisition of the privilege to practice law in
the Philippines under R.A. No. 9225 or the
Citizenship Retention and Reacquisition Act of
2003
4. Appearance of Non-Lawyers
a. Law student practice rule (Rule 138-A)
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals
d. Proceedings where lawyers are prohibited from
appearing as counsels
5. Sanctions for practice or appearance without authority
a. Lawyers without authority
b. Persons who are not lawyers
6. Public officials and the practice of law
a. Prohibition or disqualification of former government
attorneys
b. Public officials who cannot practice law or can
practice law with restrictions
7. Lawyers who are authorized to represent government
8. Lawyer’s Oath
2018 Bar Examinations LEGAL AND JUDICIAL ETHICS AND
PRACTICAL EXERCISES
B. Duties and responsibilities of a lawyer under the Code of

Professional Responsibility
1. To society (Canons 1-6)
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 of and reforms in
the legal system
e. Participation in legal education programs
2. To the legal profession (Canons 7-9)
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 toward professional
colleagues
d. No assistance in unauthorized practice of law.
3. To the courts (Canons 10-13)
a. Candor, fairness and good faith to 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/her cause and avoidance
of any impropriety which tends to influence or gives
the appearance of influence upon the courts
4. To the clients (Canons 14-22)
a. Availability of service without discrimination
i. Services regardless of a person’s status
ii. Services as counsel de officio
iii. Valid grounds for refusal to serve
b. Candor, fairness, and loyalty to clients
i. Confidentiality rule
ii. Privileged communications
iii. Conflict of interest
iv. Candid and honest advise to clients
v. Compliance with laws
vi. Concurrent practice of another profession
c. Client’s monies and properties
i. Fiduciary relationship
ii. Co-mingling of funds
iii. Delivery of funds
Page 2 of 5
PRACTICAL EXERCISES
iv. Borrowing or lending

d. Fidelity to client’s cause
e. Competence and diligence
i. Adequate protection
ii. Negligence
iii. Collaborating counsel
iv. Duty to apprise client
f. Representation with zeal within legal bounds
i. Use of fair and honest means
ii. Client’s fraud
iii. Procedure in handling a case
g. Attorney’s Fees
i. Acceptance fees
ii. Contingency fee arrangements
iii. Attorney’s Liens
iv. Fees and controversies with clients (Quantum
Meruit)
v. Concepts of attorney’s fees
a) Ordinary concept
b) Extraordinary concept
h. Preservation of client’s 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, as amended by Bar Matter No. 1645)
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
E. Mandatory Continuing Legal Education
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
Page 3 of 5
PRACTICAL EXERCISES
5. Sanctions
F. Notarial Practice (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial Register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions
II. JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary
(Bangalore Draft)
2. Code of Judicial Conduct
B. Administrative Jurisdiction over Judges and Justices (All levels)
C. Disqualification of Judicial Officers (Rule 137)
1. Compulsory
2. Voluntary
D. Initiation of complaint against Judges and Justices
E. Discipline of members of the Judiciary
1. Supreme Court
2. Lower court judges and justices of the Court of Appeals,
Sandiganbayan and Court of Tax Appeals (Rule 140)
3. Grounds
4. Sanctions imposed by the Supreme Court on erring
members of the Judiciary
III. PRACTICAL EXERCISES

A. Quitclaims in Labor Cases
B. Simple Contracts – Lease, Sale of realty or personal property
C. Promissory Notes
D. Verification and Certificate of Non-Forum Shopping
E. Notice of Hearing and Explanation (All levels)
F. Affidavits – Loss, Change of Name, Judicial Affidavits
G. Notarial Certificates – Jurat and Acknowledgement
IMPORTANT NOTES:
Page 4 of 5
PRACTICAL EXERCISES

Examinations.
herein.
Page 5 of 5

2018 BAR Examinations P I L: Olitical and Nternational AW

Uploaded by

Copyright:

Available Formats

2018 BAR Examinations P I L: Olitical and Nternational AW

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2018 BAR Examinations P I L: Olitical and Nternational AW

Uploaded by

Copyright:

Available Formats

2018 BAR EXAMINATIONS

POLITICAL AND INTERNATIONAL LAW

I. THE PHILIPPINE CONSTITUTION

D. Self-executing and non-self-executing provisions

II. GENERAL CONSIDERATIONS

C. General principles and state policies

E. Checks and balances

III. LEGISLATIVE DEPARTMENT

3. People’s initiative on statutes

a. Initiative and referendum

4. The President under a martial law rule or in a

a. District representatives and questions of

b. Party-list system (R.A. No. 7941)

C. Legislative privileges, inhibitions and disqualifications

D. Quorum and voting majorities

b. Bicameral conference committee

i. Limitations on revenue, appropriations, and

ii. Presidential veto and Congressional override

IV. EXECUTIVE DEPARTMENT

A. Privileges, inhibitions, and disqualifications

b. Commission on Appointments confirmation

3. Power of control and supervision

a. Doctrine of qualified political agency

a. Nature and limitations

a. Validity of transferring savings between

10. Residual powers

11. Executive privilege

a. Operative fact doctrine

c. Political question doctrine

B. Safeguards of Judicial independence

D. Appointments to the Judiciary

1. Judicial and Bar Council

4. Original and appellate jurisdiction

VI. CONSTITUTIONAL COMMISSIONS

B. Powers and functions of each commission

C. Prohibited offices and interests

E. Review of final orders, resolutions, and decisions

1. Rendered in the exercise of quasi-judicial functions

VII. BILL OF RIGHTS

A. Fundamental powers of the state (police power, eminent

1. Concept, application and limits

3. Similarities and differences

B. Private acts and the Bill of Rights

C. Due process – the rights to life, liberty & property

2. Procedural and substantive due process

3. Constitutional and statutory due process

3. Standards of judicial review

b. Strict Scrutiny Test

c. Intermediate Scrutiny Test

E. Searches and seizures

2. Warrant requirement; requisites for a valid warrant

6. Drug, alcohol, and blood tests

F. Privacy of communications and correspondence

1. Private and public communications

2. Intrusion, when allowed

1. Concept and scope

a. Prior restraint (censorship)

5. State regulation of different types of mass media