INTRODUCTION TO LAW

6th Edition
Rolando A. Suarez

Chapter I- Law, Its Concept and Classification

 Definition of Law
 Elements of Law
 Classification of Law
1. Natural Law
a. Physical Law
b. Moral Law
2. Positive Law
a. Divine Law
i. Divine Positive Law
ii. Divine Human Positive Law
b. Public Law
i. Constitutional Law
ii. Administrative Law
iii. International Law
iv. Private Law
1. Substantive Private Law
2. Procedural or Adjective Private Law
3. Sources of Law
a. Legislation
b. Precedent
c. Custom
d. Court Decision

Chapter II- World’s Legal Systems

1. The Three Prevailing Legal Systems
a. Roman Law
i. Value and Importance of Roman Law
ii. Political History of Rome
1. Introduction
2. Three Periods of Rome’s Political History
a. Monarchy
b. Republic
c. Empire
b. Common Law
c. Mohammedan Law
2. Blending of Legal Systems in the Philippines

Chapter III- Law and Its Application

1. Court’s Duty to Decide Every Case
2. Interpretation of Laws
3. Application of Laws
4. Statutory Construction, Its Concept, Purpose, and Effect
 a. Definition of Statutory Construction
b. Construction Distinguished From Interpretation
c. Meaning of the Rule: “One Must Interpret First Before He Construes”
d. Intrinsic Aids Distinguished From Extrinsic Aids
i. Intrinsic Aids
ii. Extrinsic Aids
e. Purpose of Interpretation and Construction
f. When is it Necessary and Not Necessary to Interpret and Construct
g. Who Interprets the Law and Who Determines Legislative Intent
i. When Necessary?
ii. When Not Necessary?
 Request of Judge Tito G. Gustilo that the second 25% grant of the special
allowance for judges be included in the computation of his retirement
benefits, A.M. No. RTJ-04-1868, August 13, 2004; Callejo, Sr., J.
 Facts
 Held
 Accrued; Meaning of.
 Interpretation of retirement laws generally favors the
retiree, except when the law is clear and unambiguous
5. Which Prevails- The Letter of the Law or the Spirit of the Law
 What if the letter of the law conflicts with its spirit, which prevails?
6. Aids in Interpretation and Construction
a. Use Intrinsic Aids Before Resorting to Extrinsic Aids
b. Intrinsic Aids
i. Title
ii. Preamble
iii. Words, Phrases, and Sentences Context
iv. Punctuation
v. Headings and Marginal Notes
vi. Legislative Definition and Interpretation
c. Extrinsic Aids
i. Contemporaneous Circumstances
ii. Policy
iii. Legislative History of the Statute
iv. Contemporaneous and Practical Construction
v. Executive Construction
vi. Legislative Construction
vii. Judicial Construction
viii. Construction by the Bar and Legal Commentators
d. Simplification of the Rule Regarding the Use of Extrinsic Aids

Chapter IV- The Legal Profession and the Qualifications and Procedure for Admission to the Practice of
Law
7. Qualification for Admission to the Practice of Law
a. First Requirement:Before Admission to the Bar
i. Citizenship
ii. Age
iii. Residence
 iv. Education Qualification
v. Moral and other Qualifications
vi. Bar Examinations
vii. Oath
viii. Attorney’s Roll
b. Second Requirement: After Admission to the Bar
c. Purpose of Imposing Requirements
d. Procedure for Admission to the Practice of Law
e. Consequence of Failure to Pass Examination
i. Lifting of the Five Strike Rule
ii. Appropriate Rules of LEB are Required to Implement Resolution
iii. Refresher Review Class Curriculum
8. Practice of Law is More of a Privilege than a Right
a. What is Practice of Law
b. Practice of Law is a Profession and not a Business
c. The Duties of a Lawyer
d. Lawyer’s Compensation
e. Disciplinary Power Over Attorneys
9. Integrated Bar of the Philippines
a. Integration of the Bar Defined
b. Legal and Constitutional Basis
c. Supporting Arguments in Support of Constitutionality and Legality
i. Questions and Answers
10. Appearances and Handling of Cases in Courts
a. Exceptions
b. Limitations
c. Can Non-Lawyers Appear in Courts
d. Can Non-Lawyers Appear in the NLRC or Before the Labor Arbiter
e. Who are Prohibited from Engaging in the Practice of Law?
f. What are the Sanctions for Practice or Appearance Without Authority
i. Lawyers without Authority
ii. Persons not Lawyers

Chapter V- Code of Professional Responsibility

1. Background
2. The Code of Professional Responsibility is Binding Upon All Lawyers
1. 22 Canons of Code
3. Good Moral Character is the Cornerstone of the Code of Professional Responsibility
1. To Give Teeth to Rule 138, The Revised Rules of Court Provides the Following in
Rule 138, Section 27
2. Good Moral Character is not only a Requisite to Admission to the Practice of
Law, but it is also a Continuing Condition to Remain as a Member of the Legal
Profession
3. What is the Concept of Good Moral Character?
4. Disbarment and Discipline of Attorneys; How is this Constituted?

Chapter VI- Persons

1. Concept of a Person
 2. Capacity
3. When does the Personality of a Natural Person Begin?
4. When does the Personality of a Private Corporation (Private Juridical Person) Begin?
5. When is a Fetus Considered Born?

Chapter VII- Concept and Nature of Marriage

1. Concept
2. Definition of Marriage
a. Requisites of a Valid Marriage
b. Under Articles 2 and 3 of the New Family Code
i. Essential Requisites
ii. Formal Requisites
iii. Essential Requisites
iv. Formal Requisites
1. Absence of Legal Authority of the Solemnizing Officer to
Solemnize Marriage
2. Absence of Marriage License
3. Renders the Marriage Void
4. Effects
5. Requirements if any or both of the Contracting Parties are
Between 18 and 21 Years Old and if any or Both are not
Emancipated by Marriage
6. Requirement if any of the Contracting Parties is Between 21 and
25 years old
7. Effect if Marriage is Celebrated within the Three Months Period
on the Basis of a Marriage License issued in Violation of the said
Period
c. Authority of the Solemnizing Officer
d. Marriage License
e. Formalities of Marriage
f. Void and Voidable Marriage
i. What Marriages are Void from the Beginning
ii. What are Other Void Marriages
1. Void because of psychological incapacity
 Republic of the Philippines v. Court of Appeals and
Moline. G.R. No. 108763, February 13, 1997, 198 SCRA
268
i. Facts
ii. Held
iii. Court
 Valerio E. Kalaw v. Ma. Elena Fernandez. G.R. No.
166357, Promulgated on September 19, 2011
i. Facts
ii. Ruling of RTC
iii. Ruling of Court of Appeals
1. Respondents’s arguments
iv. Issue
v. Held
  Problems and Questions Concerning Marriage,
Annulment and Legal Separation
2. Void because of incestruous relationship
3. Void from the beginning for reasons of public policy
 Is there a need to file an action for declaration of nullity
of the said marriage?
 What is voidable marriage?
i. No Age Requirement
ii. Unsound Mind
iii. Fraud
iv. Force, Intimidation, and Undue Influence
v. Impotence
vi. Sexually-Transmitted Disease
g. Essential Requisites: 1) Legal Capacity, and 2) Consent Freely Given
i. Legal Capacity
1. Rules to Remember
ii. Consent Freely Given
h. What Constitutes Fraud as a Ground for Annulment of Marriage?
i. Effects of Annulment of Voidable Marriage
i. With Respect to Education and Support
ii. With Respect to Custody of Children
iii. With Respect to Attorney’s Feed and Litigation Expenses
iv. With Respect to the Guilty Party
j. Status of Children Born Out of Marriages Ab Initio
k. Status of Children Born Out of Voidable Marriages
l. Restrictions and Precautions to be Observed by the Court in Issuing the Decree
of Annulment
m. Capacity and Right to Re Marry under Article 26 of The Civil Code
 Republic of the Philippines v. Cipriano Orbecido II. G.R. No.
154380, Oct. 5, 2005
o Facts
o Held
3. Legal Separation
a. Introduction
b. Grounds for Legal Separation
i. Within What Time Should an Action for Legal Separation Be Filed?
ii. Evidence Required as Basis for Judgment in Action for Legal Separation
iii. What is Adultery?
iv. What is Concubinage
c. Requisites for Legal Separation
i. First: Time Constraint
ii. Second: Cooling Off Period
iii. Third: Reconciliation
iv. Fourth: No Legal Separation on the Basis of Stipulation of Facts
d. Effects of Legal Separation
i. Effects After Filing of the Petition
ii. Effects During Pendency of Legal Separation
iii. Effects of the Decree of Legal Separation
 iv. Effects During the Proceeding for Legal Separation or of Annulment of
Marriage
v. Parental Authority is Exercised by the Parent Designated by the Court
vi. Effect of Reconciliation of the Parties
1. In Case of Breach of Mutual Obligation or Mutual Help and
Support
2. In Case of Breach of Mutual Obligation to Observe Respect and
Fidelity
3. As Regards the Obligation of the Spouse to Live Together
e. Absolute Divorce
f. Conjugal Partnership of Gains
i. Definition of Paraphernal Property
1. Rights and Obligations Between Husbandn and Wife
ii. Scope of Duty to Live Together
iii. Mutual Respect and Fidelity
iv. Mutual Help and Support
v. Husband’s Right to Fix Residence
vi. Can the Wife Acquire Any Property by Gratuitous Title?
4. Marriage Settlement
a. Who are the Parties to a Marriage Settlement?
b. Systems that may be Adopted by the Parties to Govern their Property Relations
i. Absolute Community
ii. Relative Community of Gains (Conjugal Partnership)
iii. Absolute Separation
iv. Dotal System (Dowry)
c. What Systems Govern?
d. In the Absence of Marriage Settlement, or When the Agreed Regime is Void,
What Governs the Property Relations Between Husband and Wife
e. Concept of Donation Propter Nuptias
i. Requisites of Donation Propter Nuptias
ii. Distinction Between Donation Propter Nuptias and Ordinary Donation
f. Rights and Obligations Between Husband and Wife Common to Husband and
Wife
i. To Live Together
ii. Wife May Establish a Separate Domicile
5. Other Consequences of Marriage

Chapter VIII- The Family

1. Family Defined
2. Family Suits are Discouraged
3. Family Home Define
4. Advantages of a Family Home

Chapter IX- Property

1. Property Defined
2. Principal Qualification of Property
a. Classification if Real or Immovable Properties
i. Real Property by Nature
 ii. Real Property by Incorporation
iii. Real Property by Destination or Purpose
iv. Real Property by Analogy
v. Notes
b. Movable or Personal Properties
3. Definition and Concept of Ownership
a. Illustrations
b. Extent of Ownership
c. Ownership of a Hidden Treasure
i. Definition of Hidden Treasure
d. Modes of Acquiring Ownership
i. Derivative Modes
1. Notes
ii. Artificial
1. On Real Property
2. On Personal Property
e. Attributes of Ownership
i. Brief Explanation of Each
f. Limitations on the Right of Ownership
g. Principle of Self-Help
h. Example of Right of Ownership or Possession
i. Important Articles of the New Civil Code on Ownership and Possession
j. Effects of Possession
i. Notes

Chapter X- General Principles About Contracts and Obligations

1. Contracts and Obligations
2. Elements of a Contract
3. When is a Contract Perfected?
4. Can the Contracting Parties Agree on any Term or Condition?
a. Law
b. Morals
c. Good Customs
d. Public Order
e. Public Policy
5. Basic Principles to Remember About Contracts
a. Explanations
i. As a Rule, Contracts are Perfected by Mere Consent
ii. The Contracting Parties are Bound by the Contract they have Entered
Into (Art. 1318, NCC)
iii. As a Rule, A Contract Takes Effect Only As Between Their Parties, Their
Assigns and Their Heirs
iv. The Parties to a Contract May Stipulate on Anything Provided That It Is
Not Contrary to Law, Morals, Good Customs, Public Order, and Public
Policy
v. No One May Contract in the Name of Another Without Authority
vi. Obligations Arising From Contract Have the Force of Law Between the
Contracting Parties and Should be Complied with in Good Faith
 vii. Obligations Derived From the Law Are Not Presumed
viii. Contracts Are Obligatory In Whatever Form They May Have Been
Entered Into, Provided That All The Requisites For Their Validity are
Present
ix. Any Third Person Who Induces Another to Violate the Contract Shall be
Liable for Damages to the Other Contracting Party
x. In Order to Judge the Intention of the Contracting Parties, Their
Contemporaneous and Subsequent Acts Shall Be Principally Considered
6. Concept of Obligation
7. Sources of Obligation
8. Nature and Effects of Obligations
a. Obligation of a Person Obliged to Give Something
b. Obligation to Give a Determinate Thing
i. When is a Thing Specific or Determinate and When Is It Generic or
Indeterminate?
c. Effect of Obligation to Deliver a Specific Thing and A Generic Thing
d. Effect of Obligation
e. Effect of Obligation Not To Do
9. Debtor Is In Default From The Time of Demand
10. Effect if There is Fraud, Negligence or Delay
11. Kinds of Damages
a. Moral Damages
b. Exemplary Damages
c. Actual Damages
d. Liquidated Damages
e. Temperate Damages
f. Nominal Damages
12. Responsibility Arising From Fraud (Dolo)
13. Responsibility Arising From Negligence (Culpa)
a. Kinds of Culpa (Negligence)
b. Distinction
c. Is a Person Responsible for those Events Which Could Not Be Foresee, Or Which
Though Foreseen Are Inevitable?
14. Kinds of Obligation
a. Definition and Illustration
i. Pure Obligation
ii. Conditional Obligation
iii. Alternative Obligation
iv. Facultative Obligation
v. Joint Obligation
vi. Solidary Obligation
vii. Divisible Obligation
viii. Indivisible Obligation
ix. Obligation with a Penal Cause
15. Extinguishment of Obligations

Chapter XI- Special Contracts

1. Sale
 a. Definition of a Contract of Sale
b. Essential Elements of a Contract of Sale
i. Consent or meeting of the minds
ii. Subject matter
iii. Cause or consideration
c. Form of a Contract of Sale
d. Brief Discussion of the Essential Requisites
i. Consent
ii. Subject Matter
1. Requisites of a Valid Subject Matter
iii. Cause or Consideration
e. Obligations of the Seller
f. Obligations of the Buyer
2. Agency
a. Definition
b. When is a Contract of Agency Perfected?
c. Acceptance of Agency Between Persons Who Are Present and Between Persons
Who Are Absent
i. Between persons who are present
ii. Between persons who are absent
d. Basic Principles of Agency
i. Characteristics
ii. Appointment
iii. To wit
1. The agent acts with authority and in behalf of the principal
2. The agent is authorized by the principal but he acts in behalf if
himself, not in behalf of the principal
3. The agent acts without authority but in behalf of the principal
4. The agent acts without authority and in his own behalf
e. Obligations of an Agent
f. Obligations of the Principal
g. Cases When Principal Is Not Liable For Expenses Incurred by Agent
h. Important Articles to Remember
i. Preference
3. Partnership
a. Definition
b. Basic Principles to Remember
c. Necessary Formalities in Creating a Partnership
d. Kinds of Partnership
i. General Partnership
ii. Limited Partnership
iii. Universal Partnership
1. Universal partnership of all present property
2. Universal partnership of all profits
iv. Particular Partnership
e. Kinds of Partners
i. Definition
1. Capitalist Partner
 2. Industrial Partner
3. General Partner
4. Limited Partner
5. Secret Partner
6. Silent Partner
7. Liquidating Partner
4. Loan
a. Definition
b. Kinds of Loan
i. Commodatum
ii. Mutuum or Simple Loan
c. Distinctions
i. Commodatum
ii. Mutuum
iii. Basic Principles to Remember
5. Pledge and Mortgage
a. Definition
i. Pledge
ii. Mortgage
b. Provisions Common to Pledge and Mortgage
c. Distinctions
6. Antichresis
a. Definition
b. Distinctions
c. Basic Principles
7. Common Carriers
a. Definition
b. Criteria as to Whether a Carrier Is Common or Private
c. Vigilance Required of a Common Carriers
i. Extraordinary Vigilance Over the Goods
ii. Extraordinary Diligence for the Safety of Passengers

Chapter XII- Succession

1. Concept and Definition of Succession
a. What Inheritance Includes
b. Kinds of Succession
2. What is a Will?
a. Characteristics of a Will
b. Who Can Make a Will,
c. When is a Person of Sound Mind?
d. Wills Under the New Civil Code
i. Ordinary or Notarial Will
ii. Holographic Will
e. Requisites of a Valid Will
i. Actual Example of an Attestation Clause
ii. Actual Example of an Attestation Clause Where Testator Caused Some
Other Person To Write His Name
iii. Actual Example of an Acknowledgment of a Will
 f. Qualifications of Witnesses to Notarial Wills
g. In Case of Supplement or Alteration
h. In Case of Revocation

Chapter XIII- Torts and Damages

1. Definition of Quasi-Delict
a. Requisites of a Quasi-Delict
b. Quasi-Delict is a Civil Wrong
c. The Act or Omission Must Be Without Intent to Cause Damage
d. If There is No Intention To Cause Damage
i. Distinction
2. What is Negligence?
a. What is the Test to Determine Negligence?
b. Degree of Care or Diligence That is Required
c. What are the Defenses that can be Interposed in Quasi-Delict
i. Last Clear Chance
ii. Contributory Negligence
iii. Proximate Cause of the Loss or Injury is the Negligence of Plaintiff
iv. Defense if Due Diligence in the Selection and Supervision of Employees
v. Assumption of Risk
vi. Prescription
vii. Force Majeure
viii. Fault of Engineer, Architect or Contractor
 Old Cases
1. Picart v. Smith | 37 Phil. 813
2. Umali v. Bacani | 69 SCRA 263
3. Culion Ice, Fish, Etc v. Philippine Motors | 55 Phil. 129
4. Cangco v. Manila Railroad / 38 Phil. 768

 New Cases
1. Philippine Long Distance Telephone Company, Inc v. Court of
Appeals | G.R. No. 57079, Sept. 29, 1989
2. Phoenix Construction, Inc. v. Int. Appellate Court | G.R. No.
65295, Match 10, 1987
a. Held
i. On the Issue of Negligence and Proximate Cause
of Injury
ii. On the Issue of Damages
iii. On the Historical Function of the Last Clear
Chance Doctrine
3. Vergara v. Court of Appeals | G.R. No. 77679, Sept. 30, 1987
4. Radio Communication of the Philippines, Inc. v. Court of Appeals
| G.R. No. 79528, March 13, 1991
5. St. Francis High School, et al., v. Court of Appeals | G.R. No.
82465, Feb. 25, 1991
a. Held
i. On the Issue of Negligence
 ii. On the Issue of Awarding of Moral or Exemplary
Damages
iii. Majority Opinion
iv. Dissenting Opinion
6. Mandarin Villa, Inc. v. Court of Appeals, et al. | G.R. No. 119850,
June 20, 1996
7. Perla Compania de Seguros, Inc., et al. v. SPS. Guadencia
Sarangaya III, et al. | G.R. No. 147746, Oct. 25, 2005

Chapter XIV- Political Law and the Constitution of the Republic of the Philippines
1. Part 1: Basic Principles and Definition
a. Definition
i. Political Law
ii. Philippine Political Law
iii. Administrative Law
iv. Election Law
v. Law of Public Officers
vi. Law on Municipal Corporations
b. The 1987 Constitution
i. Constitution
1. What is a Constitution?
ii. Basic Principles of the Constitution
1. The Constitution is the supreme law of the land
2. Being the supreme law of the land, it is the symbol and
monument of the people’s will
3. The Constitution outlines the infrastructure of the government
4. The Constitution must be obeyed by all
5. The courts are the ultimate guardians of the Constitution
iii. The 1987 Constitution May Be Changed
iv. Amendment and Revision
1. Revision
2. Amendment
3. Proposal
4. Ratification
v. Bar Question, 2009
1. Who can propose amendments to or revision of the
Constitution?
2. If the proposal is made by Congress, what is the required vote?
3. If the proposal is made by a Constitutional Convention, what is
the required vote?
2. Part 2: Bill of Rights
a. Bill of Rights
b. Due Process of Law
i. Definition and Purpose
ii. Requirements of Due Process at a Glance
1. Substantive Due Process
2. Procedural Due Process
iii. The Two Aspects of Procedural Due Process
 1. Procedural Due Process in Administrative Proceedings
c. Search and Seizure
d. Privacy of Communication and Correspondence
i. General Rule
ii. Exceptions
iii. Coverage of the Guarantee
iv. Example
1. Tangible Objects
2. Intangible Objects
e. Freedom of Speech and of the Press
i. Meaning of Freedom of Speech and the Press
ii. What Are Included in the Freedom of Expression?
iii. What Are Included in Terms “Speech and Expression”?
iv. What Is Included in the Term “Press”?
f. Freedom of Religion
i. Religion, Defined
g. Liberty of Abode and Travel
i. Meaning of Liberty of Abode and Travel
h. Right to Information
i. Two Rights Guaranteed by Section 7
ii. Rationale of Section
iii. Scope of the Right
iv. Limitations on the Right to Information on Matters of Public Concern
and on the Corollary Right to Access to Official Records
i. Right of Association
i. Right of Association Under the 1935, Under the 1973, and Under the
1987 Constitutions
ii. What is the Difference
iii. Problem:
1. Can the Lawyer’s Name in the Roll of Attorneys be Cancelled for
His Failure to Pay His Membership Dues in the Integrated Bar of
the Philippines
j. Taking of Private Property for Public Use
i. Terms Used
1. Public Use
2. Just Compensation
3. Fair Market Value
4. Due Process of Law
k. Prohibition Against Impairment of Obligation of Contracts
i. What Are Those Prohibited?
1. General Rule
2. Exception
Points to Remember
3. Reason
4. Example
l. Free Access to Courts and Quasi-Judicial Bodies and Adequate Legal Assistance
i. Who is an Indigent Party?
ii. Indigent Distinguished From a Pauper
 m. Right to Remain Silent and to Have Competent and Independent Counsel
i. Explanation of Each Right
1. Right to Remain Silent
2. Right to Counsel
3. Right to be Informed of One’s Right
n. Right to Bail
i. Simplification of Section 13
ii. General Rule
iii. Exception
iv. Rationale of the Right to Bail
v. Bail, Defined
vi. Kinds of Bail
1. Bail Bond
2. Recognizance
o. Due Process in Criminal Proceedings
i. Simplification
p. Habeas Corpus
i. What is a Writ of Habeas Corpus?
ii. Applicability of the Writ of Habeas Corpus
q. Speedy Disposition of Cases Before All Judicial Quasi-Judicial or Administrative
Bodies
i. Is There a Difference Between the Right to Speedy Trial, As Guaranteed I
Section 14(2), Article III, And Speedy Disposition of Cases, As
Guaranteed in Section 16?
ii. Similarity
r. Right Against Self-Incrimination
i. Rationale of Section 17
ii. Purpose of the Privilege
iii. Applicability of Said Right
s. Freedom of Political Belief and Freedom Against Involuntary Servitude
i. What is Involuntary Servitude?
ii. When is Involuntary Servitude Permissible?
t. Rights Against Excessive Fines, Degrading or Inhuman Punsihment
i. When is a Fine Considered Excessive?
u. Right Against Imprisonment for Debt or Non-Payment of a Poll Tax
i. What is a Poll Tax
v. Double Jeopardy
i. Meaning of Double Jeopardy
ii. What are the Requisites to Constitute Double Jeopardy
w. Rights Against Ex Post Facto Law and Bill of Attainder
i. Meaning if Ex Post Facto Law
ii. Characteristics of an Ex Post Facto Law
iii. Scope and Applicability of the Prohibition Against Ex Post Facto Law
iv. What is a Bill of Attainder
v. Characteristics of Bill of Attainder and Bill of Pains and Penalties
3. Part 3: The Fundamental and Inherent Powers of the State
a. What Are the Fundamental and Inherent Powers of the State?
b. Explanation of Each Power
 i. Police Power
ii. Power of Eminent Domain
iii. Power of Taxation
c. Similarities of the Three Inherent Powers of the State
i. Interference
ii. Inherent
iii. Indispensable and Indestructible
iv. Equivalent
v. Legislation
d. The Three Powers Differ
i. Nature
ii. Property
iii. Exercise
iv. Regulated
e. Brief Discussion of Impeachment
i. What is Impeachment
ii. Who are the Impeachable Officials under the 1987 Constitution?
iii. What are the Grounds for Impeachment?
iv. What is culpable violation of the Constitution?
v. What is treason?
vi. What is bribery?
vii. What are other high crimes?
viii. What are the acts that constitute graft and corruption?
ix. What is betrayal of public trust?
x. What is the procedure of impeachment?
xi. Who can file a complainant for impeachment?
xii. Can an impeachment proceeding he initiated against the same official
more than once within a period of one year?
xiii. Who has the sole power to try and decide all cases of impeachment?
xiv. What is the nature of the impeachment proceedings?
xv. What rules apply in an impeachment proceeding?
xvi. What is needed in order to convict the person subject of impeachment?
xvii. What is the effect of a judgment in case of impeachment?

Chapter XV- Criminal Law

1. Historical Background
a. Classical School of Thought
b. Positivist School of Thought
2. Criminal Law
a. Basic Principles of Criminal Law
b. Exceptions
3. Who Incurs Criminal Liability?
a. Stages in the Commission of Felonies
i. Attempted
ii. Frustrated
iii. Consummated
b. Notes
4. Circumstances that modify or affect criminal liability
 5. Six justifying circumstances
i. Important distinction to remember
ii. Burden of proof
iii. Defendant must rely on the strength of his evidence
iv. Detailed distinction between Justifying and Exempting circumstances
b. Justifying Circumstances
c. Exempting Circumstances
1. Note
d. Mitigating circumstances
e. Aggravating circumstances
i. Kinds of aggravating circumstances
1. Generic or Ordinary
2. Qualifying
ii. What should be alleged and proven
f. Alternative circumstances
i. What is Habitual Intoxication?
ii. What is Illiteracy?
6. Who are criminally liable?
a. Who are considered principals, accomplices and accessories?
i. Who are Principals?
1. Code
ii. Who are Accomplices?
iii. Who are Accessories?
7. Points to Remember
a. Articles 11, 12, 13, 14 and 15
i. Article 11- Justifying Circumstances
ii. Article 12- Exempting Circumstances
iii. Article 13- Mitigating Circumstances
iv. Article 14- Aggravating Circumstances
v. Article 15- Alternative Circumstances
8. Modification of the Penalty for the Violation of B.P. BLG. 22

Chapter XVI- Remedial Law

1. Discussion of Each
a. Civil Procedure
i. Ordinary Civil Action
ii. Special Civil Action
2. Different Kinds of Provisional Remedies, Special Civil Action, and Special Proceedings
a. Provisional Remedies
b. Special Civil Action
c. Special Proceedings
d. Remedies in Civil Cases
3. Explanation of Each
a. Attachment
i. Preliminary Attachment
ii. Garnishment
iii. Final Attachment
b. Preliminary Function
 i. Grounds For Issuance of Preliminary Injunction
c. Receivership
i. When to Appoint a Receiver
d. Replevin
i. Requirements
e. Alimony Pendente Lite
f. Special Civil Action
i. Explanation of Each
1. Interpleader
2. Declaratory Relief
3. Certiorari
4. Prohibition
5. Mandamus
6. Quo warranto
a. Kinds of Quo warranto
7. Eminent Domain
8. Foreclosure of Mortgage
a. Kinds of Foreclosure
i. Judicial Foreclosure
ii. Extrajudicial Foreclosure
b. Distinction
9. Partition of Real Estate
10. Forcible entry
a. Three Kinds of Actions for the Recovery of Possession of
Real Property
b. Distinction, Forcible Entry and Unlawful Detainer
11. Contempt
g. Special Proceedings
i. Explanation of Each
1. Settlement of Estate of Deceased Person
2. Extrajudicial Arrangement of the Heirs
3. Summary Settlement of Estate Whose Gross Value is P10,000 or
Less
4. Petition for Probate of Will and Issuance of Letters
Testamentary
5. Basic Points to Remember
6. Petition For Letters of Administration
a. Who may petition for the allowance of the will?
b. When can the above persons petition for the allowance
of the will?
7. Definition of Terms
a. Executor
b. Administrator
c. Administrator with a Will Annexed
d. Persons Disqualified or Incompetent to Serve as
Executor or as an Administrator
8. Petition for Escheat
9. Petition for Guardianship
 a. Who may petition for appointment of a guardian for a
resident of the Republic of the Philippines?
10. Petition for Appointment of Trustee
a. Definition of Terms
i. Trustee
ii. Trustor
iii. Beneficiary
b. Duties of a Trustee
11. Petition for Adoption of Minors
a. Basic Points to Remember
12. Petition for Hospitalization of Insane Persons
a. Hearing and Judgment
13. Petition for Habeas Corpus
a. Basic Points to Remember
b. Power to Suspend the Privilege of the Writ of Habeas
Corpus
i. 1973 Constitution
ii. 1987 Constitution
14. Petition for a Change of Name
a. Contents of Petition for Change of Name
15. Petition for Voluntary Dissolution of Corporation
a. Requirements
16. Judicial Approval of Voluntary Recognition of Minor Natural
Children
a. Venue
b. Contents of Petition
c. Who May Recognize a Natural Child
d. Ways of Voluntary Recognition
i. Note
17. Who May Petition Declaration of Absence
a. Code
b. Contents of Petition
18. Cancellation of Entries in the Civil Registry
a. Entries Subject to Cancellation or Correction
b. Who May File a Petition for Cancellation or Correction
of Entries in the Civil Registry?
i. Note
1. What Changes are Authorized
h. Criminal Procedure
i. Definition
ii. Criminal Jurisdiction
iii. Elements of Jurisdiction in Criminal Cases
iv. Requisites for a Valid Exercise of Criminal Jurisdiction
1. Distinction
v. Who Must Prosecute The Criminal Action
1. As a Rule
2. Exception
vi. How is a Criminal Action Commenced?
 vii. What are the Crimes that shall be prosecuted only upon the complaint
of the offended spouse?
viii. When the offended party prosecutes a criminal action for adultery and
concubinage, who should be impleaded?
ix. What are the crimes that shall be prosecuted only upon the complaint
of the offended party, or her parents, grandparents, or guardian?
x. In case of death or incapacity of the offended party, and the latter has
no parents, grandparents, or guardian, who shall institute the criminal
action in her behalf?
xi. In case the offended party is a minor, can she institute the prosecution
of the above offenses?
xii. In case the offended party who is a minor fails to file a complaint, who
can file the same?
xiii. What should a complaint or information state?
1. Designation of the offense
2. Case of accusation
xiv. If there is error in the name or identity of the accused, how should it be
raised?
xv. What is the other way of identifying the name of the offended party?
xvi. Is it necessary to state the exact time when the alleged offense was
committed?
1. Exception
xvii. Duplicity of the offense
1. Exception
xviii. Where shall a criminal action be instituted and tried?
xix. Who are authorized to conduct a preliminary investigation?
1. Distinctions
a. Complaint
b. Information
xx. Who must prosecute criminal actions?
i. Evidence
i. Kinds of Evidence
1. Documentary evidence
2. Testimonial evidence
3. Real evidence
4. Circumstantial evidence
5. Corroborative evidence
6. Cumulative evidence
7. Prima facie evidence
8. Expert evidence
ii. What is the best evidence rule?
iii. Copies of an original are regarded as originals
iv. What is the Parol evidence rule?
1. Evidence of written agreement
v. What is hearsay evidence?
1. Exceptions to the hearsay rule
j. Rules concerning admission to the practice of law
Chapter XVII- Labor Law and Social Legislation
1. Definition
a. Labor Laws
b. Social Legislation
c. Labor Standards Law
d. Labor Relations Law
2. Distinction Between Labors Laws and Social Legislation
3. General Provisions of the Labor Code of the Philippines
a. Declaration of Public Policy
b. Construction in Favor of Labor
4. Kinds of Employment
a. Probationary employment
b. Regular employment
c. Project employment
d. Seasonal employment
e. Casual employment
f. Fixed term employment
5. Discussion
a. Probationary Employment
i. Period
ii. Exceptions
iii. Reckoning Period
iv. Two Methods in Computing Last Day of Probation
v. Basic Points to Remember
1. If allowed to work after probationary period
2. Information as standards considered of regularization
3. Probationary employment must have been expressly agreed upon
vi. Grounds for Termination of Probationary Employees
vii. Limitations for Termination of Probation
viii. For Private Schools Teacher to Acquire Permanent Employment or Security of
Tenure, The Following Requisites Must be Complied with:
b. Regular Employment
i. All Employees Become Regular in Two Ways:
ii. Cases
c. Project Employment
d. Seasonal Employment
e. Casual Employment
f. Fixed Term Employment
6. Employer-Employee Relationship
a. There are two tests to determine whether there is an employer-employee relationship
i. Employer’s Powers to Control Test
ii. Economic Dependency Test
7. Dismissal From Employment
a. Regular and probationary employees are entitled to due process
8. Employee’s Security of Tenure
a. Article 279 Security of Tenure
b. Article 280 Regular and Casual Employment
c. Article 281 Probationary Employment
9. Regular Employment
a. Two Kinds of Regular Employees
i. Regular employees by nature of work
ii. Regular employees by years of service
10. Casual Employment
11. Probationary Employment
12. Limitation to Termination of Probation
a. Development of Jurisprudence
b. Article 282 Termination by Employer
i. Serious Misconduct or Willful disobedience
ii. Gross or habitual neglect by the employee of his duties
iii. Fraud or willful breach of duty
iv. Commission of the crime or offense by employee
v. Other causes analogous to the foregoing
c. Authorized Causes of Termination
i. Article 283. Closure of establishment and reduction of personnel
ii. Article 284. Decease of ground for termination
iii. Basis- Articles 283 and 284
d. In case of termination due to installation of labor devices or redundancy
e. In case of retrenchment to prevent losses and closures or cessation of operations of
establishment or undertaking not due to serious losses or financial revises
f. Clauses in Article 283
i. Introduction of labor-saving devices
ii. Redundancy
iii. Retrenchment
iv. Closure of business
g. Disease as a ground for Termination in Article 284
13. Procedure to Terminate Employment
a. General Rule to Remember
b. On Account of Said Rule, There Are Two Issues Concerning Liability of the Act of
Dismissal
c. Two Written Notices Before Termination of Employment Can be Legally Effected
d. Besides Compliance with Two Notices Rule, The Employer Must Comply With the Two
Requirements of Due Process
e. Procedural Requirement (Steps to be Done/Observed)
f. Four Possible Situations
g. Note: The Developments Before and After The WhenPhil Case
i. Prior to WenPhil Case
ii. WenPhil Corp. vs. NLRC G.R. No. 80587, Feb. 9, 1989
iii. Ruben Serrano v. NLRC G.R. No. 117040, January 27, 2000
iv. The Doctrine in Serrano was revisited in Agabon v. NLRC, 442 SCRA 53 (2004)
1. Reasons
h. Reinstatement
i. Actual or Physical Reinstatement
1. Nature of Reinstatement Order
a. Pending Appeal
i. Payroll Reinstatement
b. Separation pay in lieu of reinstatement
 i. Doctrine of Strained Relations
ii. Requisites for the Doctrine of Strained Relations
iii. Instances where separation pay in lieu of reinstatement
is awarded
ii. Backwages
1. Rationale: Equity
2. Computation
a. Component of the amount if backwages
3. Limited Backwages
a. Deduction Earning Elsewhere Rule
i. Bustamante Doctrine
b. Circumstances that prevents awarding of backwages
14. Jurisdiction of Labor Arbiter
a. Article 224(217) Labor Code
b. Jurisdiction over Illegal Dismissal Cases (Termination Cases)
c. Jurisdiction over Money Claims Cases:
d. Jurisdiction over Claims and Damages:
e. Hierarchy of Labor Courts in case of decision rendered by the Labor Code
15. NLRC
a. Jurisdiction
b. Cases where the NLRC exercise exclusive appellate jurisdiction
c. Effect of NLRC reversal on Labor Arbiter’s order of reinstatement
i. Bergonio Doctrine
ii. Garcia Doctrine
16. Important Social Legislations
a. Social Security Law
i. Background
ii. Coverage
1. Compulsory
a. Compulsory Coverage
b. Compulsory Coverage for
2. Voluntary
iii. Benefits
1. Dependent’s Pension
2. Retirement Benefits
3. Death Benefits
4. Permanent Disability Benefits
5. Permanent Partial Disability
b. GSIS (Government Service Insurance System)
i. Background
ii. Coverage
iii. Benefits
1. Retirement Benefits
2. Basic Monthly Pension
3. Disability
c. Comprehensive Agrarian Reform Law
i. Schedule of Implementation
ii. Retention Limits
iii. Priorities
1. Phase One
2. Phase Two
3. Phase Three
iv. Are Lands Leased/Held or Possessed by Multinational Corporations or
Associates Covered?