GUIDELINES FOR THE 2022 COMPREHENSIVE EXAMINATIONS

The 2022 Comprehensive Examinations shall cover the following core bar subjects and
their respective weights:

SUBJECT WEIGHT
Political and International Law (with related tax 15%
principles)
Labor Law 10%
Criminal Law (and practical exercises) 15%
Commercial Law 10%
Civil Law I 15%
Civil Law II (and practical exercises) 10%
Remedial Law I 15%
Remedial Law II (with basic tax remedies) and Legal 10%
Ethics

The exam periods will be from 8:00 a.m. to 12:00 noon for the first exam and from 2:00
p.m. to 5:00 p.m. for the second exam as follows:

Day One May 18, 2022, Wednesday

A.M. Political and International Law (with related tax
principles)
P.M. Labor Law
Day Two May 22, 2022, Sunday
A.M. Criminal Law (and practical exercises)
P.M. Commercial Law
Day Three May 25, 2022, Wednesday
A.M. Civil Law I
P.M. Civil Law II (and practical exercises)
Day Four May 29, 2022, Sunday
A.M. Remedial Law I
P.M. Remedial Law II (with basic tax remedies) and Legal
Ethics

VENUE: Senior High School Building, Central Philippine University.

METHOD: Digital (CPU will provide the computers during the comprehensive exam)

FOR YOUR INFORMATION AND GUIDANCE.

March 18, 2022, Iloilo City, Philippines.

AILA RAE B. ENDONILA

Dean
College of Law
Central Philippine University

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SYLLABUS:

POLITICAL AND INTERNATIONAL LAW

I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION

A. Declaration of principles and State policies
B. National territory
C. Separation of powers
D. Checks and balances
E. State immunity
F. Delegation of powers
G. Fundamental powers of the State

II. GENERAL PRINCIPLES OF TAXATION

A. Definition, characteristics and purpose of taxation
B. Power of taxation as distinguished from police power and
eminent domain
C. Scope and limitations of taxation
1. Inherent and constitutional limitations of taxation
2. Territoriality principle and situs of taxation
D. Requisites of a valid tax
E. Tax as distinguished from other forms of exactions
F. Kinds of taxes
G. Doctrines in taxation
1. Lifeblood theory
2. Construction and interpretation of tax laws, rules, and
regulations
3. Prospectivity of tax laws
4. Imprescriptibility of taxes
5. Double taxation
6. Exemption from taxation
7. Escape from taxation
8. Equitable recoupment
9. Prohibition on compensation and set-off

III. LEGISLATIVE DEPARTMENT

A. Legislative Power
1. Scope and limitations
2. Principle of non-delegability; exceptions
B. Houses of Congress; compositions and qualifications
1. Senate
2. House of Representatives
a. District representatives and questions of
apportionment
b. Party-list system
C. Legislative privileges, inhibitions, and qualifications
D. Quorum and voting majorities
E. Discipline of members
F. Process of law-making
G. Appropriation and re-alignment
H. Legislative inquiries and oversight functions
I. Power of impeachment
J. Electoral tribunals and the Commission on Appointments
1. Powers and Jurisdiction
K. Initiative and referendum

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 IV. EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of the President and Vice- President

B. Privileges, inhibitions, and disqualifications
C. Powers of the President
1. General executive and administrative powers
2. Power of appointment
a. In general
b. Confirmation and by-passed appointments
c. Midnight and ad interim appointments
d. Power of removal
D. Power of control and supervision
1. Doctrine of qualified political agency
2. Executive departments and offices
3. Local government units
E. Emergency powers
F. Military powers
1. Calling out powers
2. Declaration of martial law and suspension of the
privilege of the writ of habeas corpus; extension
G. Executive clemency
1. Forms and limitations
H. Diplomatic power
I. Powers relative to appropriation measures
J. Rules of succession

V. JUDICIAL DEPARTMENT
A. Judicial Power
B. Judicial Review
1. Requisites
2. Political question doctrine
3. Moot questions
4. Operative fact doctrine
C. Judicial independence and fiscal autonomy
D. Appointments to the judiciary
1. Qualifications
2. Judicial and Bar Council (composition and powers)
E. The Supreme Court (composition, powers, and functions)

VI. CONSTITUTIONAL COMMISSIONS

A. Common provisions
B. Powers, functions, and jurisdiction
C. Composition and qualifications of members
D. Prohibited offices and interests
E. Judicial review of final orders, resolutions, and decisions of
Constitutional Commissions

VII. BILL OF RIGHTS

A. Due process
1. Procedural and substantive
2. Void-for-vagueness
3. Judicial and administrative due process
B. Equal protection
1. Requisites for valid classification
2. Tests to determine the reasonableness of a

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 classification
C. Arrests, Searches and seizures
1. Requisites of a valid warrant
2. Warrantless arrests and detention
3. Warrantless searches
4. Exclusionary rule
D. Privacy of communications and correspondence
1. Private and public communications
2. Intrusion, when allowed
3. Exclusionary rule
E. Freedom of speech and expression
1. Prior restraint and subsequent punishment
2. Content-based and content-neutral regulations
3. Facial challenges and overbreadth doctrine
4. Tests to determine the validity of governmental
regulation
5. State regulation of different types of mass media
6. Unprotected speech
F. Freedom of religion
1. Non-establishment and free exercise clauses
2. Benevolent neutrality and conscientious objectors
3. Tests to determine the validity of governmental regulation
G. Liberty of abode and right to travel
1. Scope and limitations
2. Watch-list and hold departure orders
H. Right to information
1. Scope and limitations
I. Eminent Domain
1. Concept
2. Just compensation
3. Expropriation by local government units
J. Right to Association
1. Scope and limitations
K. Non-impairment of contracts 1. Concept and limitations
L. Free access to courts and adequate legal assistance
M. Rights under custodial investigation
1. Meaning of custodial investigation
2. Rights of a person under custodial investigation
3. Requisites of a valid waiver
4. Exclusionary doctrine
N. Rights of the accused
1. Criminal due process
2. Bail
3. Presumption of innocence
4. Right to counsel
5. Right to be informed of the nature and cause of
a. accusation
6. Right to speedy, impartial and public trial
7. Right of confrontation
8. Right to compulsory processes
9. Trial in absentia
O. Right to speedy trial and speedy disposition of cases
P. Right against self-incrimination
1. Extent of the right
2. Immunity statutes
Q. Right against double jeopardy

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 1. Requisites and limitations
R. Right against involuntary servitude
S. Right against excessive fines, and cruel and inhuman
punishments
T. Non-Imprisonment for Debts
U. Ex post facto laws and bills of attainder
V. Writs of habeas corpus, kalikasan, habeas data, and amparo

VIII. CITIZENSHIP
A. Who are Filipino citizens
B. Modes of acquiring citizenship
C. Loss and re-acquisition of Philippine citizenship
D. Dual citizenship and dual allegiance

IX. LAW ON PUBLIC OFFICERS

A. General principles
B. Kinds of appointment
C. Disabilities and inhibitions of public officers
D. Powers and duties of public officers
E. De facto vs de jure officers
F. The Civil Service
G. Accountability of public officers
1. Discipline
a. Grounds
b. Jurisdiction
c. Dismissal, preventive suspension, reinstatement and back salaries
d. Condonation doctrine
2. Impeachment
3. The Ombudsman
a. Functions
b. Judicial review in administrative proceedings
c. Judicial review in penal proceedings
4. The Sandiganbayan

X. ADMINISTRATIVE LAW
A. General principles
B. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
a. Kinds of administrative rules and regulations
b. Requisites for validity
2. Quasi-judicial power
a. Administrative due process
b. Administrative appeal and review
c. Administrative res judicata
3. Fact-finding, investigative, licensing, and rate-fixing powers
C. Doctrines of primary jurisdiction and exhaustion of administrative remedies

XI. ELECTION LAW

A. Suffrage
1. Qualification and disqualification of voters
2. Registration and deactivation
3. Inclusion and exclusion proceedings
4. Local and overseas absentee voting
5. Detainee voting
B. Candidacy
1. Qualifications and disqualifications of candidates

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 2. Filing of certificates of candidacy
a. Effect of filing
b. Substitution and withdrawal of candidates
c. Nuisance candidates
d. Duties of the COMELEC
C. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
D. Remedies and jurisdiction
1. Petition not to give due course or cancel a certificate of
candidacy
2. Petition for disqualification
3. Failure of election versus Annulment of Election
Results
4. Pre-proclamation controversy
5. Election protest
6. Quo Warranto

XII. LOCAL GOVERNMENTS

A. Principles of local autonomy
B. Autonomous regions and their relation to the national
a. government
C. Local government units
1. Powers
a. Police power (general welfare clause)
b. Eminent domain
c. Taxing power
d. Closure and opening of roads
e. Legislative power
i. Requisites for valid ordinance
ii. Local Initiative and referendum
f. Corporate powers
g. Ultra vires acts
2. Liability of local government units 3. Settlement of boundary disputes
4. Vacancies and succession
5. Recall
6. Term limits
D. Local Taxation
1. Fundamental Principles of local and real property taxation
2. Common Limitations on taxing power of the LGU
3. Requirements for a valid tax ordinance
4. Procedure for approval and effectivity of tax ordinances
5. Exemptions from real property taxes

XIII. NATIONAL ECONOMY AND PATRIMONY

A. Regalian doctrine
B. Exploration, development and utilization of natural resources
C. Franchises, Authority and Certificates for Public Utilities
D. Acquisition, Ownership and Transfer of Public and Private
Lands
E. Practice of Professions
F. Organization and Regulation of Corporations, Private and
Public

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 G. Monopolies, Restraint of Trade and Unfair Competition

XIV. SOCIAL JUSTICE AND HUMAN RIGHTS

A. Concept of social justice
B. Economic, social, and cultural rights
C. Commission on Human Rights

XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

A. Procedure to amend or revise the Constitution

XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS

A. Academic freedom
B. Constitutional tax exemptions for certain educational institutions

XVII. PUBLIC INTERNATIONAL LAW

A. Concepts
B. Relationship between international and national law
C. Sources of obligations in international law
D. Subjects
1. States
2. International organizations
3. Individuals
E. Requisites of Statehood
F. 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. State Immunity from Suit
b. Act of State doctrine
c. Diplomatic Immunity
d. International organizations and its officers
G. General principles of treaty law
H. Doctrine of state responsibility
I. Refugees
J. Extradition
K. Basic principles of International Human Rights Law
L. Basic principles of International Humanitarian Law
M. Law of the sea
1. Baselines
2. Archipelagic states
3. Internal waters
4. Territorial sea
5. Contiguous zone
6. Exclusive economic zone
7. Continental shelf and extended continental shelf
8. International Tribunal for the Law of the Sea
N. Basic principles of International Environmental Law
1. Precautionary principle

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 LABOR LAW AND SOCIAL LEGISLATION

I. GENERAL PRINCIPLES
A. Basic policy on labor
B. Construction in favor of labor
C. Burden of proof and quantum of evidence in labor cases
D. Legal basis under the 1987 Constitution, Civil Code, and Labor
Code

II. RECRUITMENT AND PLACEMENT OF WORKERS

A. Recruitment and placement (Labor Code and R. A. No. 8042, as amended by
R.A. No. 10022)
1. Illegal recruitment and other prohibited activities
a. Elements
b. Types of illegal recruitment
c. Illegal recruitment vs. estafa
2. Liability of local recruitment agency and foreign employer
a. Solidary liability
b. Theory of imputed knowledge
3. Entities prohibited from recruiting
4. Cancellation of license or authority
5. Termination of contract of migrant worker without just or
valid cause
6. Ban on direct hiring, exceptions
B. Employment of non-resident aliens

III. LABOR STANDARDS

1. Employer-employee relationship
2. Test to determine existence
3. Employee vs. independent contractor
A. Conditions of employment
1. Covered employees/workers
2. Hours of work
a. Normal hours of work; hours worked
b. Meal periods
c. Night-shift differential
d. Overtime work
e. Compressed work week, flexible work arrangement
alternative work arrangements, telecommuting
program
3. Rest periods
4. Holidays
5. Service charges
6. 13th month pay
B. Wages
1. Payment of wages
2. Prohibitions regarding wages
3. Facilities vs. supplements
4. Minimum wage
5. Wage distortion
6. Non-diminution of benefits
C. Leaves
1. Service incentive leave
2. Expanded Maternity leave
3. Paternity leave
4. Parental leave for solo parents

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 5. Leave benefits for women workers under R.A. No. 9710
and R.A. No. 9262
D. Special groups of employees
1. Women
a. Discrimination
b. Stipulation against marriage
c. Prohibited acts
2. Minors (R.A. No. 7610, as amended by R.A. No. 9231)
a. Child labor vs. working child
b. Allowed working hours and industries of a working
child
c. Prohibited acts
3. Kasambahay (R.A. No. 10361)
4. Homeworkers
5. Night workers
6. Persons with Disabilities
a. Discrimination
b. Incentives for employers
E. Sexual Harassment in the work environment
1. Anti-Sexual Harassment Act (R.A. No. 7877)
2. Safe Spaces Act (R.A. No. 11313)

IV. SOCIAL WELFARE LEGISLATION

A. SSS Law (R.A. No. 8282)

1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
B. GSIS Law (R.A. No. 8291)
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
C. Limited Portability Law (R.A. No. 7699)
D. Disability and death benefits
1. Labor Code
2. POEA-Standard Employment Contract for Seafarers

V. LABOR RELATIONS

A. Right to self-organization
1. Who may join, form, or assist labor organizations or
workers’ associations
2. Restrictions as to managerial employees, supervisory
employees, confidential employees, employee-members of cooperatives, alien
employees, and government employees
3. Determination of appropriate bargaining unit (ABU), effect of inclusion of
employees outside of the ABU
4. Non-interference with workers’ rights to self-organization
B. Legitimate labor organizations
1. Registration with the DOLE
2. Cancellation of registration
3. Affiliation/disaffiliation from national union or federation
4. Rights of legitimate labor organizations
5. Rights and conditions of membership in legitimate labor
organizations
6. Check off, assessments, union dues, and agency fees

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 7. Union security clause
C. Bargaining representative
1. Modes to acquire status as Sole and Exclusive Bargaining
Agent (SEBA)
a. SEBA Certification
b. Certification/Consent Election
c. Bars to the holding of Certification/Consent
a. Election
d. Failure of election, Run-Off Election, Re-run
a. election
e. Employer as a mere bystander rule
D. Collective bargaining
1. Duty to bargain collectively, bargaining in bad faith
2. Collective bargaining agreement (CBA), mandatory
a. Provisions
3. Signing, posting, registration
4. Term of CBA, freedom period
E. Unfair Labor Practices
1. Nature, aspects
2. By employers
3. By labor organizations
F. Peaceful concerted activities
1. Strikes
a. Grounds for strike
b. Mandatory procedural requirements
c. Legal strike vs. illegal strike
d. Prohibited acts during strike
e. Liability of union officers and members for illegal
strike and illegal acts during strike
2. Picketing
3. Lockouts
a. Grounds for lockout
b. Mandatory procedural requirements
4. Assumption of jurisdiction by the DOLE Secretary
5. Injunctions

VI. TERMINATION OF EMPLOYMENT

A. Security of tenure
1. Categories of employment as to tenure
a. Regular
b. Casual
c. Probationary
d. Project
e. Seasonal
f. Fixed-term
g. Work-pool employees
2. Legitimate subcontracting vs. labor-only contracting
a. Elements
b. Trilateral relationship
c. Solidary liability
B. Termination by employer
1. Substantive due process
a. Just causes
b. Authorized causes
2. Procedural due process

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 a. Two-notice rule
3. Illegal dismissal, reliefs therefrom
a. Reinstatement
b. Backwages
c. Separation pay, doctrine of strained relations
d. Damages
e. Attorneys’ fees
f. Liabilities of corporate officers
g. Burden of proof
C. Termination by employee
1. Resignation versus constructive dismissal
2. Abandonment
D. Preventive Suspension
E. Floating status
F. Retirement

VII. MANAGEMENT PREROGATIVE

A. Discipline
B. Transfer of employees
C. Productivity standards
D. Bonus
E. Change of working hours
F. Bona Fide Occupational Qualifications
G. Post-employment restrictions
H. Clearance procedures
I. Limitations on management prerogative; police power of the
State

VIII. JURISDICTION AND RELIEFS

A. Mandatory conciliation-mediation, SENA
B. Labor Arbiter
C. National Labor Relations Commission
D. Judicial review of labor rulings
E. Bureau of Labor Relations
F. National Conciliation and Mediation Board
G. POEA
H. DOLE Regional Directors
I. DOLE Secretary
J. Grievance machinery
K. Voluntary arbitrator
L. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses under the Labor Code
5. Illegal recruitment

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 CRIMINAL LAW (and Practical Exercises)

I. PRINCIPLES OF CRIMINAL LAW (Revised Penal Code – Book 1)

A. General principles
1. Mala in se and mala prohibita
2. Applicability and effectivity of the RPC
a. Generality
b. Territoriality
c. Prospectivity
3. Interpretation of penal laws
4. Retroactive effect of penal laws

B. Felonies
1. Criminal liabilities and felonies
a. Classification of felonies (grave, less grave and light felonies)
b. Aberratio ictus, error in personae, and praeter intentionem
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
i. Recidivism
ii. Habituality
iii. Quasi-recidivism
iv. Habitual delinquency
4. Penalties
a. Imposable penalties
b. Classification
c. Duration and effects
d. Application and graduation of penalties
i. Indeterminate Sentence Law (Act No. 4103)
e. Accessory penalties
f. Subsidiary Imprisonment
5. Execution and service of sentence
a. Three-fold rule
b. Probation Law (P.D. No. 968, as amended)
c. Juvenile Justice and Welfare Act (R.A. No. 9344,
as amended)
d. Republic Act No. 10592 (Amendments to Articles
29, 94, 97, 98 and 99 of the RPC)
e. Community Service Act (R.A. No. 11362; A.M.
No. 20-06-14-SC)
6. Extinction of criminal liability (as amended by R.A. No.
10592)
7. Civil liability in criminal cases

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II. CRIMES UNDER THE REVISED PENAL CODE (Revised Penal Code – Book 2)
A. Crimes against national security and laws of nations
B. Crimes against the fundamental law 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
M. Quasi-offenses

III. SPECIAL PENAL LAWS

A. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4 and 5, R.A. No. 9775)
B. Anti-Fencing Law of 1979 (Secs. 2 to 6, P.D. No. 1612)
C. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as
amended by R.A. No. 3047, P.D. No. 677, P.D. No. 1288, B.P.
Blg. 195 and R.A. No. 10910)
D. Anti-Hazing Act of 2018 (R.A. No. 8049, as amended by R.A.
No. 11053)
E. Anti-Money Laundering Act of 2001 (R.A. No. 9160)
F. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 and 4,
R.A. No. 9995)
G. Anti-Plunder Act (Secs. 1, 2 and 6, R.A. No. 7080, as amended by R.A. No. 7659)
H. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4 and 5, R.A. No. 9745)
I. Anti-Trafficking in Persons Act of 2003 (Secs. 3 to 12, R.A. No. 9208)
J. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5 and 26, R.A.
No. 9262)
K. Anti-Wire Tapping Act (Secs. 1 to 4, R.A. No. 4200)
L. Bouncing Checks Law (B.P. Blg. 22)
M. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165
as amended by R.A. No. 10640)
N. Cybercrime Prevention Act of 2012 (R.A. No. 10175)
O. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, R.A. No.
10883)
P. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (Secs. 3(a), 5 and 10, R.A. No. 7610)
Q. Swindling by Syndicate (P.D. No. 1689)

IV. PRACTICAL EXERCISES

A. Drafting of Complaint, Information, Affidavits of Desistance, etc.

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 MERCANTILE LAW

I. INSURANCE (P.D. No. 162, as amended by R.A. No. 10607)

A. Basic concepts
1. What may be insured
2. Insurable interest
3. Double insurance and overinsurance
4. No fault, suicide, and incontestability clauses
B. Perfection of the insurance contract
C. Rights and obligations of parties
D. Rescission of insurance contracts

II. TRANSPORTATION LAW

A. Common carriers
1. Concept
2. Common carrier vs. private carrier
3. Diligence required
B. Obligations and liabilities
1. Vigilance over goods
2. Safety of passengers
C. Defenses available to a common carrier
1. Proof of negligence
2. Due diligence in the selection and supervision of
employees
3. Fortuitous event
4. Contributory negligence
5. Doctrine of last clear chance
D. Extent of liability
1. Recoverable damages
2. Stipulations limiting liability
3. Limitations under the Montreal Convention

III. CORPORATION LAW (Provisions of B.P. Blg. 68, as amended by R.A. No. 11232)
A. General principles
1. Nationality of corporations
a. Control Test
b. Grandfather rule
2. Doctrine of separate juridical personality
3. Doctrine of piercing the corporate veil
B. De facto corporations versus corporations by estoppel
C. Corporate Powers
1. How powers are exercised
a. Ultra vires doctrine
b. Trust fund doctrine
D. Board of directors and trustees
1. Basic principles
a. Doctrine of centralized management
b. Business judgment rule
2. Tenure and qualifications of directors or trustees
3. Election and removal of directors or trustees
4. Duties, responsibilities and liabilities for unlawful acts
E. Stockholders and members
1. Rights and obligations of stockholders and members
a. Doctrine of equality of shares
2. Participation in management

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 a. Proxy
b. Voting trust
c. Cases when stockholders’ action is required
i. By a majority vote
ii. By a two-thirds vote
iii. By cumulative voting
3. Proprietary rights
a. Right to dividends
b. Right to inspect
c. Pre-emptive right
d. Right of first refusal
4. Remedial rights
5. Intra-corporate disputes (individual vs. representative vs.
derivative suits)
F. Capital structure
1. Shares of stock
a. Nature of shares of stock
b. Consideration for shares of stock
c. Watered stock
d. Situs of the shares of stock
e. Classes of shares of stock
2. Certificate of stock
a. Nature of the certificate
b. Uncertificated shares
c. Negotiability; requirements for valid transfer of
i. stocks
d. Issuance
e. Lost or destroyed certificates
3. 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
G. Dissolution and liquidation
1. Modes of dissolution
a. Voluntary and involuntary dissolution
2. Methods of liquidation
H. Other corporations
1. Close corporations
2. Non-stock corporations
3. Foreign corporations
a. What constitutes “doing business”
b. Necessity of a license to do business
c. Requisites for issuance of a license
d. Resident agent
e. Personality to sue and suability
4. One-person corporations
I. Mergers and consolidations
1. Concept
2. Effects and limitations

IV. INTELLECTUAL PROPERTY CODE (R.A. No. 8293; exclude implementing rules and
regulations)
A. Patents
1. Patentable vs. non-patentable inventions
2. Ownership of a patent

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 3. Grounds for cancellation of a patent
4. Patent infringement
B. Trademarks
1. Marks vs. collective marks vs. trade names
2. Acquisition of ownership
1. Concept of actual use
2. Effect of registration
3. Well-known marks
4. Rights conferred by registration
5. Cancellation of registration
6. Trademark infringement
7. Unfair competition
C. Copyrights
1. Copyrightable works
2. Non-copyrightable works
3. Rights conferred by copyright
4. Ownership of a copyright
5. Limitations on copyright
6. Doctrine of fair use
7. Copyright infringement

V. ANTI-MONEY LAUNDERING ACT (R.A. No. 9160, as amended)

A. Covered institutions and their obligations
B. Covered and suspicious transactions
C. Safe harbor provision
D. When is money laundering committed (including predicate
a. crimes)
E. Authority to inquire into bank deposits
F. Freezing and forfeiture

VI. ELECTRONIC COMMERCE ACT (R.A. No. 8792)

A. Legal recognition of electronic data messages, documents, and signatures
B. Presumption relating to electronic signatures
C. Admissibility and evidential weight of electronic data message or electronic
document
D. Obligation of confidentiality

VII. FINANCIAL REHABILITATION, INSOLVENCY, LIQUIDATION and SUSPENSION OF

PAYMENTS (R.A. No. 10142, FR Rules [A.M. No. 12-12-11-SC], and FLSP Rules
[A.M. No.15-04-06-SC])

A. Basic concepts
1. Rehabilitation
2. Insolvent
3. Liquidation
4. Suspension of payments
B. Modes of rehabilitation
1. Court-supervised rehabilitation
a. V oluntary vs. involuntary
b. Commencement order (including stay order)
c. Rehabilitation receiver and management committee
d. Determination of claims
e. Rehabilitation plan
f. Creditor approval and confirmation
g. Failure of rehabilitation
2. Pre-negotiated rehabilitation

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 a. How initiated
b. Period and effect of approval
3. Out-of-Court or Informal Restructuring Agreement or
Rehabilitation Plan
a. Minimum requirements
b. Standstill period
c. Cram down effect
C. Liquidation
1. Voluntary liquidation vs. involuntary liquidation vs. conversion
2. Procedure
a. Liquidation order; effects
3. Determination of claims
D. Suspension of payments; suspension of payment order

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 CIVIL LAW (and Practical Exercises)

PART I

I. PRELIMINARY TITLE
A. Effect and application of laws
B. Human Relations

II. PERSONS AND FAMILY RELATIONS

A. Persons
1. Civil personality
2. Use of surnames
3. Entries in the Civil Registry and Clerical Error Law (R.A.
No. 9048, as amended)
4. Absence
a. Civil Code provisions
b. Presumptive death of absent spouse under the
Family Code
B. Marriage
1. Requisites of marriage
2. Exemption from license requirement
3. Marriages solemnized abroad and foreign divorce
4. Void and voidable marriages
a. Annulment under Article 36 (as recently articulated in Tan-Andal v.
Andal, G.R. No. 196359, May 11, 202; Totality of Evidence Rule)
C. Legal Separation
D. Rights and obligations between husband and wife
E. Property relations between husband and wife
1. General provisions
2. Donations by reason of marriage
3. Absolute Community of Property
4. Conjugal Partnership of Gains
5. Separation of property and administration of common
property by one spouse during the marriage
6. Regime of separation of property
7. Property regime of unions without marriage
F. Family home
G. Paternity and filiation
1. Legitimate children
2. Proof of filiation
3. Illegitimate children
4. Legitimated children
H. Adoption
1. Domestic adoption (R.A. No. 8552)
a. Who may adopt
b. Who may be adopted
c. Rights of an adopted child
d. Instances and effects of rescission
2. Inter-country adoption (RA 8043)
a. When allowed
b. Who may adopt
c. Who may be adopted
I. Support
J. Parental authority
K. Emancipation
L. Retroactivity of the Family Code

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III. SUCCESSION

A. General provisions
B. Testamentary succession
1. Wills
2. Institution of heirs (including declaration of heirship as
decided in Treyes v. Larlar, G.R. No. 232579. September
8, 2020)
3. Substitution of heirs
4. Conditional testamentary dispositions and those with a
term
5. Legitime
6. Disinheritance
7. Legacies and devises
C. Legal and intestate succession
1. General provisions; relationship and right of
representation
2. Order of intestate succession
D. Provisions common to testate and intestate succession
1. Right of accretion
2. Capacity to succeed by will or by intestacy
3. Acceptance and repudiation of inheritance
4. Partition and distribution of the estate

IV. OBLIGATIONS AND CONTRACTS

A. Obligations
1. General provisions
2. Nature and effect
3. Kinds
4. Extinguishment
B. Contracts
1. General provisions
2. Essential requisites
3. Reformation of instruments
4. Interpretation of contracts
5. Rescissible contracts
6. Voidable contracts
7. Unenforceable contracts
8. Void or inexistent contracts
2. Natural obligations
3. Estoppel
4. Trusts
5. Quasi-Contracts

V. SALES
A. Nature and form
1. Essential requisites
2. Perfection
3. Contract of sale v. contract to sell
B. Capacity to buy or sell
C. Effects of the contract when the thing sold has been lost
D. Obligations of vendor
E. Obligations of vendee
F. Breach of contract

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 1. Remedies
2. Recto Law and Maceda Law
G. Extinguishment
1. In general
2. Pacto de retro sale
3. Equitable mortgage
H. Assignment of credits

VI. LEASE
A. General provisions
B. Rights and obligations of the lessor
C. Rights and obligations of the lessee

VII. PARTNERSHIP
A. General provisions
B. Obligations of the partners
C. Dissolution and winding up
D. Limited partnership

VIII. AGENCY
A. Nature, form and kinds
B. Obligations of the agent
C. Obligations of the principal
D. Modes of extinguishment

IX. CREDIT TRANSACTIONS

A. Loan
B. Deposit
C. Guaranty and Suretyship
D. Quasi-Contracts

X. TORTS AND DAMAGES

A. Torts
1. Elements
2. Culpa aquiliana v. culpa contractual v. culpa criminal
3. Vicarious liability
4. Res ipsa loquitur
5. Last clear chance
6. Damnum absque injuria
B. Proximate cause
C. Negligence
1. Standard of care
2. Presumptions
D. Damages
1. General provisions
2. Kinds of damages
3. In case of death

PART II

I. PROPERTY

A. Classification of property
B. Ownership
1. General provisions

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 2. Rules on accession
a. Rights of builder/planter/sower in good faith
C. Co-ownership
D. Possession
1. Kinds of possession
2. Acquisition of possession (including possession based on
tolerance)
3. Effects of possession
E. Usufruct
1. In general
2. Rights and obligations of the usufructuary
3. Extinguishment
F. Easements
1. Modes of acquiring easements
2. Rights and obligations of the owners of the dominant and
servient estates
3. Modes of extinguishment
4. Legal v. voluntary easements
5. Kinds of legal easement
a. Relating to waters
b. Right of way
c. Light and view
G. Nuisance
H. Modes of acquiring ownership
1. Occupation
2. Donation
a. Nature
b. Persons who may give or receive a donation
c. Effects and limitations of donation
d. Revocation and reduction
3. Prescription
a. General provisions
b. Prescription of ownership and other real rights
c. Prescription of actions
I. Quieting of Title
J. Actions to Recover Property
1. Accion interdictal
2. Accion publiciana
3. Accion reinvindicatoria

II. CREDIT TRANSACTIONS

A. Personal Property Securities (R.A. No. 11057)

B. Real Estate Mortgage

III. LAND TITLES AND DEEDS

A. Torrens System; general principles
B. Regalian Doctrine
C. Original Registration
1. Ordinary registration
a. Who may apply
b. Decree of registration
c. Review of decree of registration; innocent
purchaser for value
D. Certificate of title
E. Subsequent registration

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 1. Voluntary dealings; general provisions
2. Involuntary dealings
a. Adverse claim
b. Notice of lis pendens
II. Non-registrable properties
III. Dealings with unregistered land
IV. Assurance Fund
1. Action of compensation from funds
2. Limitation of action
H. Cadastral System of Registration (Act No. 2259, as amended)
I. Registration through Administrative Proceedings (C.A. 141, as
amended)
J. Reconstitution of Titles

IV. PRACTICAL EXERCISES

A. Demand and authorization letters
B. Simple contracts
C. Complaint

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 REMEDIAL LAW and LEGAL ETHICS

PART 1

FIRST LEVEL COURTS

I. GENERAL PRINCIPLES
A. Substantive law vs. remedial law
B. Rule-making power of the Supreme Court
C. Principle of judicial hierarchy
D. Doctrine of non-interference/judicial stability
E. Jurisdiction
1. Original vs. appellate
2. General vs. special
3. Exclusive vs. concurrent
4. Continuity of jurisdiction
5. Original Jurisdiction of various Philippine courts
6. Aspects of jurisdiction
a. Jurisdiction over the parties
b. Jurisdiction over the subject matter
c. Jurisdiction over the issues
d. Jurisdiction over the res or the property in
litigation
7. Jurisdiction vs. exercise of jurisdiction
8. Jurisdiction vs. venue
9. Jurisdiction over cases covered by Barangay
Conciliation, Small Claims Cases and cases covered by Summary
Procedure

II. CIVIL PROCEDURE

A. General provisions (Rule 1)

B. Cause of action (Rule 2)
C. Parties to civil actions (Rule 3)
D. Venue (Rule 4)
E. Pleadings
1. Kinds (Rule 6)
2. Parts and Contents of a pleading (Rule 7)
3. Manner of making allegations (Rule 8)
4. Effect of failure to plead (Rule 9)
5. Amended and supplemental pleadings (Rule 10)
6. When to file responsive pleadings (Rule 11)
7. Bill of Particulars (Rule 12)
8. Efficient use of paper rule; e-filing
F. Filing and service of pleadings, judgments, final orders, and
resolutions
1. Rules on payment of docket fees; effect of non-payment
2. Rule 13
G. Summons
1. Nature and purpose of summons in relation to actions in
personam, in rem, and quasi in rem
2. Rule 14
H. Motions
1. In general (Rule 15)
2. Non-litigious motions (Rule 15, Sec. 4)
3. Litigious Motions (Rule 15, Sec. 5)

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 4. Prohibited Motions (Rule 15, Sec. 12)
I. Dismissal of Actions
1. With prejudice vs. without prejudice; dismissals which
have an effect of an adjudication on the merits
2. Rule 17
J. Pre-trial (Rule 18)
K. Intervention (Rule 19)
L. Calendar of Cases (Rule 20)
M. Subpoena (Rule 21)
N. Computation of time (Rule 22)
O. Modes of discovery
1. Depositions (Rules 23 and 24)
2. Interrogatories to parties (Rule 25)
3. Admission by adverse party (Rule 26)
4. Production or inspection of documents or things (Rule
27)
5. Physical and mental examination of persons (Rule 28)
6. Refusal to comply with modes of discovery (Rule 29)
P. Trial (Rule 30)
Q. Consolidation or severance (Rule 31)
R. Demurrer to Evidence (Rule 33)
S. Judgments and final orders
1. Judgment on the pleadings (Rule 34)
2. Summary judgments (Rule 35)
3. Rendition and entry of judgments and final orders (Rule
36)
T. Motion for New Trial or Reconsideration
1. Rule 37
2. Remedy against denial and fresh-period rule
U. Execution, satisfaction, and effect of judgments (Rule 39)

II. PROVISIONAL REMEDIES

A. Nature, purpose, and jurisdiction over provisional remedies

B. Preliminary attachment (Rule 57)
C. Preliminary injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)

IV. SPECIAL CIVIL ACTIONS

A. Jurisdiction and venue

B. Interpleader (Rule 62)
C. Declaratory relief and similar remedies (Rule 63)
D. Prohibition, Certiorari, and Mandamus
1. Certiorari as a remedy against grave abuse of any branch or
instrumentality of the government
E. Quo warranto (Rule 66)
F. Expropriation
1. Rule 67
2. Guidelines for expropriation proceedings of National Government
3. Infrastructure Projects (Sec. 4, R.A. No. 8974)
G. Foreclosure of real estate mortgage
1. Judicial foreclosure (Rule 68)
2. Extrajudicial foreclosure (Act No. 3135, as amended)
3. The General Banking Law of 2000 (Sec. 47, R.A. No. 8791)

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 H. Partition (Rule 69)
I. Forcible entry and unlawful detainer
1. Differentiated from accion publiciana and accion reivindicatoria
2. Rule 70
J. Contempt (Rule 71)

V. SPECIAL PROCEEDINGS AND SPECIAL WRITS

A. Settlement of estate of deceased persons

1. Venue and process (Rule 73)
2. Summary settlement of estates (Rule 74)
3. Allowance or disallowance of wills (Rule 76)
4. Claims against the estate (Rule 86)
5. Payment of the debts of the estate (Rule 88)
6. Sales, mortgages, and other encumbrances of property of
decedent (Rule 89)
7. Distribution and partition (Rule 90)
B. Escheat (Rule 91)
C. Guardianship
1. Venue (Rule 92)
2. Appointment of guardians (Rule 93)
3. General powers and duties of guardians (Rule 96)
4. Termination of guardianship (Rule 97)
D. Writ of Habeas Corpus
1. Rule 102
2. Writ of Habeas Corpus in relation to custody of minors (A.M. No.
03-04-04-SC)
E. Change of name (Rule 103)
F. Cancellation or Correction of entries in the Civil Registry
(Rule 108)
G. Clerical error law (RA 9048)
H. Writ of Amparo (A.M. No. 07-9-12-SC)
I. Writ of Habeas Data (A.M. No. 08-1-16-SC)
J. Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-
SC)
1. Temporary Environmental Protection Order (TEPO)
2. Writ of continuing mandamus
3. Writ of kalikasan

VI. CRIMINAL PROCEDURE

A. General matters
1. Criminal jurisdiction; concept and requisites for exercise
2. When injunction may be issued
B. Prosecution of offenses (Rule 110)
C. Prosecution of civil action (Rule 111)
D. Preliminary Investigation
1. Executive vs. judicial determination of probable cause
2. Rule 112
E. Arrest (Rule 113)
F. Bail (Rule 114)
G. Arraignment and plea (Rule 116)
H. Motion to quash (Rule 117)
I. Pre-trial (Rule 118)
J. Trial (Rule 119)
K. Judgment (Rule 120)

25
 L. Motion for New Trial or Reconsideration (121)
M. Search and seizure (Rule 126)
N. Provisional remedies in criminal cases (Rule 127)
O. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10- SC)
P. The Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)

VII. EVIDENCE

A. General concepts
1. Proof vs. evidence
2. Burden of proof vs. burden of evidence
3. Equipoise rule
B. Admissibility
1. Requisites (Rule 128)
2. Exclusionary rules
3. Judicial notice and judicial admissions (Rule 129)
C. Object (Real) Evidence (Rule 130, A)
D. Documentary Evidence (Rule 130, B)
1. Definition
2. Best Evidence rule
3. Secondary evidence
4. Parol Evidence rule
5. Interpretation of documents
E. Testimonial Evidence (Rule 130, C)
1. Qualification of witnesses
2. Testimonial privilege
3. Admissions and confessions
4. Previous conduct as evidence
5. Testimonial knowledge
6. Hearsay and exceptions to the hearsay rule
7. Opinion rule
8. Character evidence
F. Burden of proof and presumptions (Rule 131)
G. Presentation of evidence (Rule 132)
1. Examination of witnesses
2. Authentication and proof of documents
3. Offer and objection
H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
I. Weight and sufficiency of evidence (Rule 133)
J. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

PART 2:

APPELLATE PRACTICE, PROCEDURE IN THE COURT OF APPEALS, COURT OF TAX

APPEALS, AND THE SUPREME COURT

I. APPEALS; GENERAL PRINCIPLES

A. Nature of the right to appeal

B. Judgments and final orders subject to appeal
C. Matters not appealable; available remedies
D. Doctrine of finality/immutability of judgment; exceptions

II. POST-JUDGMENT REMEDIES OTHER THAN APPEAL

A. Petition for relief from judgment (Rule 38)

26
 B. Annulments of judgment by the Court of Appeals (Rule 47)
C. Collateral attack on judgments, when proper
D. Rule 65 as a remedy from judgment

III. APPEALS IN CIVIL PROCEDURE: MODES OF APPEAL FROM JUDGMENTS OR

FINAL ORDERS OF VARIOUS COURTS/TRIBUNALS
A. Rule 40 – Appeal from Municipal Trial Courts to the Regional Trial Courts
B. Rule 41 – Appeal from the Regional Trial Courts
C. Rule 42 – Petition for Review from the Regional Trial Courts to
the Court of Appeals
D. Rule 43 – Appeals from the Court of Tax Appeals, Civil
Service Commission, and Quasi-Judicial Agencies
E. Rule 45 – Appeals by Certiorari to the Supreme Court
F. Rule 64 – Review of judgments or final orders of the
Commission on Audit and the Commission on Elections
G. Dismissal, reinstatement, and withdrawal of appeal

IV. APPEALS IN CRIMINAL CASES: MODES OF APPEAL FROM JUDGMENTS OR FINAL

ORDERS OF VARIOUS COURTS/TRIBUNALS

A. Rule 122
1. Appeals from the Municipal Trial Courts
2. Appeals from the Regional Trial Courts
3. Appeals from the Court of Appeals
a. Section 13, Rule 124
B. Appeals from the Office of the Ombudsman
C. Appeals from resolutions of the Office of the City Prosecutor
D. Appeals from the Sandiganbayan

V. PROCEDURE IN TAX CASES

A. Tax Remedies under the National Internal Revenue Code of 1997, as

amended
B. Tax Remedies under the Local Government Code of 1991
C. The Court of Tax Appeals (R.A. 1125, as amended, and the
Revised Rules of the Court of Tax Appeals)
1. Jurisdiction
2. Procedures
a. Civil Cases
i. Internal Revenue taxes
ii. Local taxes
iii. Injunction not available to restrain collection;
exceptions
b. Criminal Cases
3. Appeal to the CTA en banc
4. Petition for review on certiorari to the Supreme Court

VI. PROCEDURE IN THE COURT OF APPEALS

A. Rule 44 – Ordinary Appealed Cases

B. Rule 46 – Original Cases
C. Rule 47 – Annulment of Judgments or Final Orders and
Resolutions
D. Rule 50 – Dismissal of Appeal

E. Rule 51 – Judgment; harmless error

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 F. Rule 53 – New Trial

VII. PROCEDURE IN THE SUPREME COURT

A. Rule 56-A – Original Cases

B. Rule 56-B – Appealed Cases

LEGAL ETHICS

I. THE CODE OF PROFESSIONAL RESPONSIBILITY

A. To society (Canons 1 to 6)
B. To the legal profession (Canons 7 to 9)
C. To the courts (Canons 10 to 13)
D. To the clients (Canons 14 to 22)
E. Lawyer’s Oath

II. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS (Rule 139; Rule 139-B)

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