1013 bar syllabus

8/13/2019 1013 Bar Syllabus

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COVERAGE

LABOR LAW AND SOCIAL LEGISLATION

2013 BAR EXAMINATIONS

I. Fundamental Principles and Policies

A. Constitutional provisions

1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.

2. Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2).

3. Article XIII, Secs. 1, 2, 3, 13, 14.

B. Civil Code

1. Article 19

2. Article 1700

3. Article 1702

C. Labor Code

1. Article 3

2. Article 4

3. Article 166

4. Article 211

5. Article 212

6. Article 255

7. Article 277

II. Recruitment and Placement

A. Recruitment of local and migrant workers

1. Illegal recruitment (Sec. 5, R.A. No. 10022)

a) License vs. authority

b) Essential elements of illegal recruitment



c) Simple illegal recruitment

d) Illegal recruitment in large scale

e) Illegal recruitment as economic sabotage

f) Illegal recruitment vs. estafa

g) Liabilities

(i) Local recruitment agency

(ii) Foreign employer

(a) Theory of imputed knowledge

(iii) Solidary liability

h) Pre-termination of contract of migrant worker

2. Direct hiring

B. Regulation and enforcement

1. Suspension or cancellation of license or authority (Art. 35, Labor Code)

2. Regulatory and visitorial powers of the DOLE secretary

3. Remittance of foreign exchange earnings

4. Prohibited activities

2013 Bar Examination Coverage 2 Labor Law and Social Legislation

III. Labor Standards

A. Hours of work

1. Coverage/Exclusions (Art. 82, Labor Code)

2. Normal hours of work

a) Compressed work week

3. Meal break

4. Waiting time

5. Overtime work, overtime pay



6. Night work (R.A. No. 10151), Night shift differential

7. Part-time work

8. Contract for piece work (see Civil Code)

B. Wages

1. Wage vs. salary

2. Minimum wage defined, Minimum wage setting

3. Minimum wage of workers paid by results

a) Workers paid by results

b) Apprentices

c) Learners

d) Persons with disability

4. Commissions

5. Deductions from wages

6. Non-diminution of benefits

7. Facilities vs. supplements

8. Wage Distortion / Rectification

9. Divisor to determine daily rate

C. Rest Periods

1. Weekly rest day

2. Emergency rest day work

C. Holiday pay / Premium pay

1. Coverage, exclusions

2. Teachers, piece workers, takay, seasonal workers, seafarers

E. Leaves

1. Service Incentive Leave



2. Maternity Leave

3. Paternity Leave

4. Parental Leave (R.A. No. 8972)

5. Leave for Victims of Violence against Women and Children (R.A. No. 9262)

6. Special leave benefit for women

D. Service Charge

E. Thirteenth Month Pay 2013 Bar Examination Coverage 3 Labor Law and SocialLegislation

F. Separation Pay

G. Retirement Pay

1. Eligibility

2. Amount

3. Retirement benefits of workers paid by results

4. Retirement benefits of part-time workers

5. Taxability

H. Women Workers

1. Provisions against discrimination

2. Stipulation against marriage

3. Prohibited acts

4. Anti-Sexual Harassment Act (R.A. No. 7877)

I. Employment of Minors (Labor Code and R.A. No. 7678, R.A. No. 9231)

J. Househelpers (Labor Code as amended by R.A. No. 7655, an Act Increasing the

Minimum Wage of Househelpers; see also – Household Service under the Civil Code)

K. Employment of Homeworkers

L. Apprentices and Learners

M. Persons with disability (R.A. No. 7277, as amended by R.A. No. 9442)



1. Definition

2. Rights of persons with disability

3. Prohibition on discrimination against persons with disability

4. Incentives for employers

IV. Termination of Employment

A. Employer-employee relationship

1. Four-fold test

2. Kinds of employment

a. Probationary

b. Regular

c. Project employment

d. Seasonal

e. Casual

f. Fixed-term

3. Job contracting

a. Article 106 to Article 109 of the Labor Code

b. Department Order No. 18-A

c. Department Circular No. 01-12 2013 Bar Examination Coverage 4 Labor Law andSocial Legislation

d. Effects of Labor-Only Contracting

e. Trilateral relationship in job contracting

B. Dismissal from employment

1. Just Causes

2. Authorized Causes

3. Due Process

a) Twin-notice requirement



b) Hearing; meaning of opportunity to be heard

C. Reliefs for Illegal Dismissal

1. Reinstatement

a. Pending appeal (Art. 223, Labor Code)

b. Separation pay in lieu of reinstatement

2. Backwages

a. Computation

b. Limited backwages

D. Preventive Suspension

E. Constructive Dismissal

V. Management Prerogative

A. Discipline

B. Transfer of employees

C. Productivity standard

D. Grant of bonus

E. Change of working hours

F. Rules on Marriage between employees of competitor-employers

G. Post-employment ban

VI. Social and Welfare Legislation (P.D. 626)

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

1. Coverage

2. Exclusions from coverage

3. Benefits 2013 Bar Examination Coverage 5 Labor Law and Social Legislation

4. Beneficiaries



B. GSIS Law (R.A. No. 8291)

1. Coverage

2. Exclusions from coverage

3. Benefits

4. Beneficiaries

C. Limited Portability Law (R.A. No. 7699)

D. Employee’s compensation – coverage and when compensable

VII. Labor Relations Law

A. Right to self-organization

1. Who may unionize for purposes of collective bargaining

a) Who cannot form, join or assist labor organizations

2. Bargaining unit

a) Test to determine the constituency of an appropriate bargaining unit

b) Voluntary recognition

(i) Requirements

c) Certification election

(i) In an unorganized establishment

(ii) In an organized establishment

d) Run-off election

(i) Requirements

e) Re-run election

f) Consent election

g) Affiliation and disaffiliation of the local union from the mother union

(i) Substitutionary doctrine

h) Union dues and special assessments



(i) Requirements for validity

i) Agency fees

(i) Requisites for assessment

B. Right to collective bargaining

1. Duty to bargain collectively

a) When there is absence of a CBA

b) When there is a CBA

2. Collective Bargaining Agreement (CBA)

a) Mandatory provisions of CBA 2013 Bar Examination Coverage 6 Labor Law andSocial Legislation

(i) Grievance procedure

(ii) Voluntary arbitration

(iii) No strike-no lockout clause

(iv) Labor management council

b) Duration

(i) For economic provisions

(ii) For non-economic provisions

(iii) Freedom period

3. Union Security

a) Union security clauses; closed shop, union shop, maintenance of

membership shop, etc.

b) Check-off; union dues, agency fees

4. Unfair Labor Practice in collective bargaining

a) Bargaining in bad faith

b) Refusal to bargain

c) Individual bargaining



d) Blue sky bargaining

e) Surface bargaining

5. Unfair Labor Practice (ULP)

a) Nature of ULP

b) ULP of employers

c) ULP of labor organizations

C. Right to peaceful concerted activities

1. Forms of concerted activities

2. Who may declare a strike or lockout?

3. Requisites for a valid strike

4. Requisites for a valid lockout

5. Requisites for lawful picketing

6. Assumption of jurisdiction by the DOLE Secretary or Certification of the labor

dispute to the NLRC for compulsory arbitration

7. Nature of assumption order or certification order

8. Effect of defiance of assumption or certification orders

9. Illegal strike

a) Liability of union officers

b) Liability of ordinary workers

c) Liability of employer

d) Waiver of illegality of strike

10. Injunctions

a) Requisites for labor injunctions

b) “Innocent bystander rule” 2013 Bar Examination Coverage 7 Labor Law and SocialLegislation

VIII. Procedure and Jurisdiction



A. Labor Arbiter

1. Jurisdiction

a) versus Regional Director

2. Reinstatement pending appeal

3. Requirements to perfect appeal to NLRC

B. National Labor Relations Commission (NLRC)

1. Jurisdiction

2. Effect of NLRC reversal of Labor Arbiter’s order of reinstatement

3. Remedies

4. Certified cases

C. Bureau of Labor Relations – Med-Arbiters

1. Jurisdiction (original and appellate)

D. National Conciliation and Mediation Board

1. Nature of proceedings

2. Conciliation vs. Mediation

3. Preventive mediation

E. DOLE Regional Directors

1. Jurisdiction

F. DOLE Secretary

1. Visitorial and enforcement powers

2. Power to suspend effects of termination

3. Assumption of jurisdiction

4. Appellate jurisdiction

5. Voluntary arbitration powers

G. Grievance Machinery and Voluntary Arbitration



1. Subject matter of grievance

2. Voluntary Arbitrator

a) Jurisdiction

b) Procedure

c) Remedies

H. Court of Appeals

1. Rule 65, Rules of Court

I. Supreme Court

1. Rule 45, Rules of Court

J. Prescription of actions 2013 Bar Examination Coverage 8 Labor Law and SocialLegislation

IMPORTANT NOTES:

1. This listing of covered topics is not intended and should not be used by the law schools as a

course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are

guided on the coverage of the 2013 Bar Examinations. Listings whose subject matters run

across several Bar Subjects shall be deemed to include only the subject matters specific to the

given Bar Subject. For example, “Impeachment” is generally a topic under Po litical Law but is

listed also under Legal and Judicial Ethics for the ethical components of this Bar Subject. Note

that there may be specific identification of the covering Bar Subject where a topic may be

common to several Bar Subjects. For example, “Independent Civil Actions” mentioned in the

Civil Code shall be included as a topic in Remedial Law rather than in Civil Law. Note also that

many special laws, rules and specific topics, otherwise covered by the different examinable Bar

Subjects, have been omitted or are expressly excluded from the coverage of the 2013 Bar

Examinations.

2. The appreciation of the fact situations in, and the answers to, some questions in every Bar

Subject may require the consideration of underlying ethical rules and values.



3. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and

promulgated up to January 31, 2013 - are examinable materials within the coverage of the

2013 Bar Examinations.

COVERAGE

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

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 2013 Bar Examination Coverage 2 Politicaland International Law

b) Party-list system

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

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 2013 Bar Examination Coverage 3 Political andInternational Law

8. Delegated powers

9. Veto powers

10. Residual powers



11. Executive privilege

C. Rules of Succession

V. Judicial Department

A. Concepts

1. Judicial power

2. Judicial review

a) Operative fact doctrine

b) Moot questions

c) Political question doctrine

B. Safeguards of Judicial independence

C. Judicial restraint

D. Appointments to the Judiciary

E. Supreme Court

1. En banc and division cases

2. Procedural rule-making

3. Administrative supervision over lower courts

4. Original and appellate jurisdiction

F. Judicial privilege

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 2013 Bar Examination Coverage 4 Political andInternational Law

VII. Bill of Rights

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

a) Requisites

3. Warrantless searches

4. Warrantless arrests

5. Administrative arrests

6. Drug, alcohol and blood tests

F. Privacy of communications and correspondence

1. Private and public communications

2. Intrusion, when allowed

3. Writ of habeas data

G. Freedom of expression

1. Concept and scope

a) Prior restraint (censorship)

b) Subsequent punishment

2. Content-based and content-neutral regulations

a) Tests

b) Applications 2013 Bar Examination Coverage 5 Political and International Law

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

1. Limitations

2. Right to travel

a) Watch-list and hold departure orders

3. Return to one’s county

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 2013 Bar Examination Coverage 6 Political andInternational Law

O. Rights of suspects

1. Availability

2. Requisites

3. Waiver

P. Rights of the accused

1. Criminal due process

2. Bail

3. Presumption of innocence

4. Right to be heard

5. Assistance of counsel

6. Right to be informed

7. Right to speedy, impartial and public trial

8. Right of confrontation

9. Compulsory process

10. Trials in absentia

Q. Writ of habeas corpus

R. Writs of amparo, habeas data, and kalikasan

S. Self-incrimination clause



1. Scope and coverage

a) Foreign laws

2. Application

3. Immunity statutes

T. Involuntary servitude and political prisoners

U. Excessive fines and cruel and inhuman punishments

V. Non-imprisonment for debts

W. Double jeopardy

1. Requisites

2. Motions for reconsideration and appeals

3. Dismissal with consent of accused

X. Ex post facto laws and bills of attainder

VIII. Citizenship

A. Who are Filipino citizens

B. Modes of acquiring citizenship 2013 Bar Examination Coverage 7 Political and International Law

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.")

a) Functions 2013 Bar Examination Coverage 8 Political and International Law

b) Judicial review in administrative proceedings

c) Judicial review in penal proceedings

3. Sandiganbayan

4. Ill-gotten wealth

N. Term limits

X. Administrative Law

A. General principles



B. Administrative agencies

1. Definition

2. Manner of creation

3. Kinds

C. Powers of administrative agencies

1. Quasi-legislative (rule making) power

a) Kinds of administrative rules and regulations

b) Requisites for validity

2. Quasi-judicial (adjudicatory) power

a) Administrative due process

b) Administrative appeal and review

c) Administrative res judicata

3. Fact-finding, investigative, licensing and rate-fixing powers

D. Judicial recourse and review

1. Doctrine of primary administrative jurisdiction

2. Doctrine of exhaustion of administrative remedies

3. Doctrine of finality of administrative action

XI. Election Law

A. Suffrage

B. Qualification and disqualification of voters

C. Registration of voters

D. Inclusion and exclusion proceedings

E. Political parties

1. Jurisdiction of the COMELEC over political parties

2. Registration 2013 Bar Examination Coverage 9 Political and International Law



6. Quo warranto

J. Prosecution of election offenses

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 2013 Bar Examination Coverage10 Political and International Law

C. Principles of local autonomy

D. Powers of local government units (LGUs)

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

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 2013 Bar Examination Coverage 11Political and International Law



2. Nationality principle and statelessness

3. Protective principle

4. Universality principle

5. Passive personality principle 2013 Bar Examination Coverage 12 Political and International Law

6. Conflicts of jurisdiction

J. Treatment of aliens

1. Extradition

a) Fundamental principles

b) Procedure

c) Distinguished from deportation

K. International Human Rights Law

1. Universal Declaration of Human Rights

2. International Covenant on Civil and Political Rights

3. International Covenant on Economic, Social and Cultural Rights

L. International Humanitarian Law and neutrality

1. Categories of armed conflicts

a) International armed conflicts

b) Internal or non-international armed conflict

c) War of national liberation

2. Core international obligations of states in International Humanitarian Law

3. Principles of International Humanitarian Law

a) Treatment of civilians

b) Prisoners of war

4. Law on neutrality

M. Law of the sea



1. Baselines

2. Archipelagic states

a) Straight archipelagic baselines

b) Archipelagic waters

c) Archipelagic sea lanes passage

3. Internal waters

4. Territorial sea

5. Exclusive economic zone

6. Continental shelf

a) Extended continental shelf

7. International Tribunal for the Law of the Sea

N. Madrid Protocol and the Paris Convention for the Protection of Industrial Property

O. International environment law

1. Principle 21 of the Stockholm Declaration

P. International economic law 2013 Bar Examination Coverage 13 Political and International Law

IMPORTANT NOTES:





given Bar Subject. For example, “Impeachment” is generally a topic under Political Law but is







many special laws, rules or specific topics, otherwise covered by the different examinable Bar


Examinations.






COVERAGE

CRIMINAL LAW


I. Revised Penal Code (RPC) and related Special Laws

A. Book 1 (Articles 1-99, RPC; exclude the provisions on civil liability)

1. Fundamental principles

a) Definition of Criminal Law

(i) Mala in Se and Mala Prohibita

(ii) Construction of penal laws

b) Scope of application and characteristics of Philippine criminal law

(i) Generality

(ii) Territoriality

(iii) Prospectivity



(a) Effects of repeal/amendment of penal law

c) Constitutional limitations on the power of Congress to enact penal laws

(i) Equal protection

(ii) Due process

(iii) Non-imposition of cruel and unusual punishment or excessive fines

(a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A.

No. 9346)

(iv) Bill of attainder

(v) Ex post facto law

2. Felonies

a) Classifications of felonies

b) Elements of criminal liability

c) Impossible crime

d) Stages of execution

e) Conspiracy and proposal

f) Multiple offenders (differences, rules, effects)

(i) Recidivism

(ii) Habituality (Reiteracion)

(iii) Quasi-Recidivism

(iv) Habitual Delinquency

g) Continuing crimes

h) Complex crimes and special complex crimes 2013 Bar Examination Coverage 2 Criminal Law

3. Circumstances affecting criminal liability

a) Justifying circumstances

(i) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No.



9262)

(a) Battered woman syndrome

b) Exempting circumstances

(i) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344); also refer to

Child and Youth Welfare Code (P.D. 603, as amended)

(a) Definition of child in conflict with the law

(b) Minimum age of criminal responsibility

(c) Determination of age

(d) Exemption from criminal liability

(e) Treatment of child below age of responsibility

(f) Status offenses under Sec. 57 of R.A. No. 9344

(g) Offenses not applicable to children under Sec. 58 of R.A. No. 9344

c) Mitigating circumstances

d) Aggravating circumstances

(i) Generic

(ii) Qualifying

(a) Decree Codifying the Laws on Illegal/ Unlawful Possession,

Manufacture, Dealing in, Acquisition or Disposition, of Firearms,

Ammunition or Explosives (P.D. 1866, as amended by R.A. No. 8294)

as an aggravating circumstance

(b) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)

(i) As a qualifying aggravating circumstance

(ii) Immunity from prosecution and punishment, coverage

(iii) Minor offenders

(iv) Application/ Non application of RPC provisions (Sec. 98, R.A. No.



9165) provisions (Sec. 98) cf. Art. 10, RPC

e) Alternative circumstances

f) Absolutory cause

4. Persons criminally liable/ Degree of participation

a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal

Offenders (P.D. 1829)

(i) Punishable acts

(ii) Compare with Art. 20, RPC (accessories exempt from criminal liability)

5. Penalties

a) General principles 2013 Bar Examination Coverage 3 Criminal Law

(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. No.

9346)

b) Purposes

c) Classification

d) Duration and Effect

e) Application

(i) Indeterminate Sentence Law (R.A. No. 4103, as amended)

(a) Application on the imposed sentence

(b) Coverage

(c) Conditions of parole

(ii) Three-fold rule

(iii) Subsidiary imprisonment

f) Execution and service

(i) Probation Law (P.D. 968, as amended)



(a) Definition of terms

(b) Purpose

(c) Grant of probation, manner and conditions

(d) Criteria of placing an offender on probation

(e) Disqualified offenders

(f) Period of probation

(g) Arrest of probationer

(h) Termination of probation; exception

(i) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)

(ii) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344); also

refer to Child and Youth Welfare Code (P.D. 603, as amended)

(a) Definition of child in conflict with the law

(b) Exemption from criminal liability

(c) Juvenile justice and welfare system

6. Modification and extinction of criminal liability

a) Prescription of crime; Prescription of Violations of Special Laws (Act. No. 3326)

b) Prescription of penalties

c) Pardon by offended party

d) Pardon by the Chief Executive

e) Amnesty

B. Book II (Articles 114-365, RPC) and specifically included Special Laws

1. Crimes Against National Security (Arts. 114-123)

Include:



a) Anti-Piracy and Anti- Highway Robbery (P.D. 532)

(i) Definition of terms

(ii) Punishable acts

2013 Bar Examination Coverage 4 Criminal Law

b) Anti-Hijacking Law (P.D. 6235)

(i) Punishable acts

c) Human Security Act of 2007 (R.A. No. 9372)

(i) Punishable acts of terrorism

(ii) Who are liable

2. Crimes Against the Fundamental Laws of the State (Articles 124-133)

Include:

a) Human Security Act of 2007 (R.A. No. 9372)

(i) Period of detention

b) Anti-Torture Act of 2009 (R.A. No. 9745)

(i) Punishable acts

(ii) Who are liable

3. Crimes Against Public Order (Articles 134-160)

Include:

a) Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture,

Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives



(P.D. 1866, as amended by R.A. No. 8294) as an element of the crimes of

rebellion, insurrection, se dition, or attempted coup d’etat.

b) Human Security Act of 2007 (R.A. No. 9372)


(ii) Who are liable

(iii) Absorption principle in relation to complex crimes

4. Crimes Against Public Interest (Articles 161-187)

Include:

a) R.A. No. 9194 – Anti-Money Laundering Act

(i) Punishable Acts

(ii) Covered Transactions

(iii) Suspicious Transactions

5. Crimes Relative to Opium and Other Prohibited Drugs

a) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)

(i) Punishable acts

(ii) Who are liable

(iii) Attempt or conspiracy, effect on liability

(iv) Immunity from prosecution and punishment 2013 Bar Examination Coverage 5 Criminal Law

(iv) Custody and disposition of confiscated, seized and/or surrendered

dangerous drugs (Section 21, R.A. No. 9165)

b) Implementing Rules and Regulations (IRR) of R.A. No. 9165

5. Crimes Against Public Morals (Articles 200-202)

Include:

a) P.D. 1602 – Anti-Gambling Act as amended by R.A. 9287 – Illegal Numbers



Game – which repealed Articles 195-199 of the RPC

(i) Punishable Acts

b) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)

(i) Punishable Acts

6. Crimes Committed by Public Officers (Articles 203-245)

Include:

a) Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)

(i) Coverage

(ii) Punishable acts

(iii) Exceptions

b) Anti-Plunder Act (R.A. No. 7080, as amended)


(ii) Ill-gotten wealth

(iii) Plunder

(iv) Series/Combination

(v) Pattern

c) Human Security Act of 2007 (R.A. No. 9372)

(i) Failure to deliver suspect to proper judicial authority

(ii) Infidelity in the custody of detained persons

(iii) False prosecution

7. Crimes Against Persons (Articles 246-266)

Include:

a) Anti-Violence against Women and their Children Act of 2004 (R.A. No. 9262)



(i) Punishable acts

b) Anti-Child Pornography Act of 2009 (R.A. No. 9775)


(ii) Unlawful or punishable acts 2013 Bar Examination Coverage 6 Criminal Law

c) Anti-Hazing Law (R.A. No. 8049)

(i) Hazing

(a) Definition

(b) Allowed initiation rites

(ii) Who are liable

(iii) Punishable acts

d) Special Protection of Children Against Child Abuse, Exploitation and

Discrimination Act (R.A. No. 7610, as amended)

(i) Coverage

(ii) Child prostitution, punishable acts

(iii) Child trafficking, punishable acts

e) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344), read in relation with

the Child and Youth Welfare Code (P.D. 603, as amended)

(i) Punishable acts

f) Human Security Act of 2007 (R.A. No. 9372)


(ii) Who are liable

8. Crimes Against Personal Liberty and Security (Articles 267-292)

Include:

a) Anti-Wire Tapping Act (R.A. No. 4200)



(i) Punishable acts

(ii) Exceptions

b) Human Security Act of 2007 (R.A. No. 9372)

(i) Surveillance of suspects and interception and recording of

communications

(ii) Restriction on travel

(iii) Examination of bank deposits and documents

(a) Judicial Authorization

(b) Application

(iv) Unauthorized revelation of classified materials

c) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)

(i) Punishable acts

9. Crimes Against Property (Articles 293-332)

Include:

a) Anti-Fencing Law (P.D. 1612) and its Implementing Rules and Regulations

(i) Fencing

(a) Definition 2013 Bar Examination Coverage 7 Criminal Law

(b) Presumption of fencing

(ii) Exception

(a) With clearance or permit to sell

b) Bouncing Checks Law (B.P. Blg. 22) plus Administrative Circular No. 12-2000

Re: Penalty for Violation of B.P. 22 and Administrative Circular No. 13-2001

Re: Clarification of Admin. Circular No. 12-2000; and P.D. No. 1689 (Increasing

the Penalty for Certain Forms of Swindling or Estafa)

(i) Punishable acts



(ii) Evidence of knowledge of insufficient funds

(iii) Preference of imposition of fine

c) Anti-Carnapping Act of 1972 (R.A. No. 6539), as amended by R.A. No.

7659

(i) Registration

(iii) Who are liable

(a) Duty of Collector of Customs

(b) Duty of importers, distributors and sellers

(c) Clearance and permit

(iv) Punishable acts

d) Human Security Act of 2007 (R.A. No. 9372)


e) Anti-Arson Law (P.D. 1613)

(i) Punishable acts

10. Crimes Against Chastity (Articles 333-334, 336-346)

Include:

a) Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)

(i) Punishable acts

b) Special Protection of Children Against Child Abuse, Exploitation and

Discrimination Act (R.A. No. 7610, as amended)

(i) Child prostitution and other acts of abuse

(a) Punishable acts

(b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC

and R.A. No. 7610, as amended

(ii) Obscene publications and indecent shows



(a) Punishable acts

c) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)

(i) Punishable acts

d) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262)

(i) Punishable acts 2013 Bar Examination Coverage 8 Criminal Law

12. Crimes Against Civil Status (Articles 347-352)

13. Crimes Against Honor (Articles 353-364)

Include:

a) Administrative Circular 08-2008 Re: Guidelines in the Observance of a

Rule of Preference in the Imposition of Penalties in Libel Cases

(i) Preference of imposition of fine

14. Criminal Negligence (Article 365)

EXCLUDE: a. Penalties for specific crimes

b. Special criminal laws not included in the above listing

IMPORTANT NOTES:

1. This listing of covered topics is not intended and should not be used by the law schools as

a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are












Examinations.






COVERAGE

CIVIL LAW


I. Effect and Application of Laws (Civil Code)

Include: Conflict of Laws (Private International Law)

II. Human Relations (Arts. 19-22, Civil Code)

Exclude: Independent civil actions and prejudicial questions which will be covered by the

examinations in Remedial Law

PERSONS

I. Persons and Personality (Civil Code)

II. Marriage (Family Code)

Exclude: Muslim Code (P.D. 1083)

Exclude: Duties of a Civil Registrar under Articles 12-19, 23-25 (Family Code)

Exclude: A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void



Marriages and Annulment of Voidable Marriages; R.A. No. 6955, entitled “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…”; R.A. No.

9208 or the Anti-Trafficking in Persons Act of 2003

III. Legal Separation (Family Code)

Exclude: A.M. No. 02-11-11-SC or the Rule on Legal Separation

IV. Rights and Obligations Between Husband and Wife (Family Code)

Exclude: R.A. No. 7192 or the Women in Development and Nation Building Act; R.A. No.

8187, or the Paternity Leave Act of 1996; R.A. No. 9710 or The Magna Carta of

Women.

V. Property Relations of the Spouses (Family Code)

VI. The Family

VII. Paternity and Filiation (Family Code)2013 Bar Examination Coverage 2 Civil Law

VIII. Adoption

A. Domestic Adoption Act of 1998 (R.A. No. 8552)

Exclude:

1. Rule on Adoption (A.M. No. 02-6-02-SC )

2. R.A. No. 9523, entitled “An Act Requiring Certification of the Department of

Social Welfare and Development to Declare a “Child Legally Available for

Adoption” as a Prerequisite for Adoption Proceedings….”

B. Inter-Country Adoption Act of 1995 (R.A. No. 8043)



Exclude: Articles 183-188, 191-193 (Family Code)

IX. Support (Family Code)

X. Parental Authority (Family Code)

Exclude:

1. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)

2. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to

Custody of Minors (A.M. No. 03-04-04-SC)

3. Solo Parents' Welfare Act of 2000 (R.A. No. 8972)

4. The Early Childhood Care and Development Act (R.A. No. 8980)

Exclude: R.A. No. 9231, entitled “An Act Providing for the Eliminatio n of the Worst

Forms of Child Labor and Affording Stronger Protection for the Working Child…”

which will be covered under Labor Law

Include: Child Abuse Law (R.A. No. 7610)

XI. Emancipation (Arts. 234 and 236, Family Code as amended by R.A. No. 6809

which lowered the age of majority)

XII. Summary Judicial Proceedings in Family Law Cases

XIII. Retroactivity of the Family Code (Art. 256)

Exclude: Arts. 254-255, 257 (Family Code)

XIV. Funerals (Arts. 305-310, Civil Code)

Exclude: Care and Education of Children (Arts. 356-363, Civil Code) 2013 Bar Examination Coverage 3Civil Law

XV. Use of Surnames

Arts. 364-369, 369-380, Civil Code (other articles repealed by Family Code)

XVI. Absence (Art. 43, Civil Code; Art. 41, Family Code)

XVII. Civil Registrar

Exclude: Act No. 375 and the Implementing Rules and Regulations of R.A. No. 9048



PROPERTY

I. Characteristics

II. Classification

III. Ownership

IV. Accession

V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over

Title to or Interest in Real Property

VI. Co-ownership

VII. Possession

VIII. Usufruct

IX. Easements

X. Nuisance

XI. Modes of Acquiring Ownership

PRESCRIPTION

I. Definition

II. No prescription applicable

III. Prescription or limitation of actions

2013 Bar Examination Coverage 4 Civil Law

OBLIGATIONS

I. Definition

II. Elements of an Obligation

III. Different Kinds of Prestations

IV. Classification of Obligations



V. Sources of Obligations

VI. Nature and Effect of Obligations

VII. Kinds of Civil Obligations

VIII. Joint and Solidary Obligation

IX. Extinguishment of Obligations

CONTRACTS

I. Essential Requisites

II. Kinds of Contracts

III. Formality

IV. Defective Contracts

V. Effect of Contracts

SALES

I. Definition and Essential Requisites of a Contract of Sale

II. Parties to a Contract of Sale

III. Subject Matter

IV. Obligations of the Seller to Transfer Ownership

V. Price

VI. Formation of Contract of Sale 2013 Bar Examination Coverage 5 Civil Law

VII. Transfer of Ownership

VIII. Risk of Loss

IX. Documents of Title

X. Remedies of an Unpaid Seller

XI. Performance of Contract



XII. Warranties

XIII. Breach of Contract

XIV. Extinguishment of the Sale

XV. The Subdivision and Condominium Buyers' Protective Decree (P.D. 957)

XVI. The Condominium Act (R.A. No. 4726)

Exclude: Electronic Commerce Act of 2000 (R.A. No. 8792); Public Land Law, Retail

Trade and Liberalization Act, Bulk Sales Law (Act No. 3952)

SUCCESSION

I. General Provisions

II. Testamentary Succession

III. Legal or Intestate Succession

IV. Provisions Common to Testate and Intestate Succession

Exclude: Executors and administrators (Arts. 1058-1060, Civil Code), which will be

covered under Remedial Law

PARTNERSHIP

I. Contract of Partnership

II. Rights and Obligations of Partnership

III. Rights and Obligations of Partners Among Themselves 2013 Bar Examination Coverage 6 Civil Law

IV. Obligations of Partnership/Partners to Third Persons

V. Dissolution

VI. Limited Partnership

AGENCY

I. Definition of Agency

II. Powers



III. Express vs. Implied Agency

IV. Agency by Estoppel

V. General vs. Special Agency

VI. Agency Couched in General Terms

VII. Agency Requiring Special Power of Attorney

VIII. Agency by Operation of Law

IX. Rights and Obligations of Principal

X. Irrevocable Agency

XI. Modes of Extinguishment

COMPROMISE

I. Definition

II. Void Compromise

III. Effect

CREDIT TRANSACTIONS

I. Loan

II. Deposit

III. Guaranty and Suretyship 2013 Bar Examination Coverage 7 Civil Law

IV. Pledge

V. Real Mortgage

Include: Act 3135, as amended by R.A. No. 4118

VI. Antichresis

VII. Chattel Mortgage



Include: Act 1508

VIII. Quasi-contracts

IX. Concurrence and Preference of Credits

LEASE

I. Lease of Things

II. Lease of Work or Services

III. Lease of Rural and Urban Lands

IV. Rights and Obligations of Lessor and Lessee

V. Special Rules for Lease of Rural/Urban Lands

VI. Household Service (Exclude, for inclusion in Labor Law)

VII. Contract of Labor (Exclude, for inclusion in Labor Law)

VIII. Contract for Piece of Work (Exclude, for inclusion in Labor Law)

LAND TITLES AND DEEDS

I. Torrens System

II. Regalian Doctrine

III. Citizenship Requirement

IV. Original Registration 2013 Bar Examination Coverage 8 Civil Law

V. Subsequent Registration

VI. Non-registrable Properties

VII. Dealings with Unregistered Lands

Exclude:

1. History of land laws

2. Remedies sufficiently 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

TORTS AND DAMAGES

Book I--Torts

I. Principles

II. Classification of Torts

III. The Tortfeasor

IV. Act of Omission and its Modalities

V. Proximate Cause

VI. Legal Injury

VII. Intentional Torts

VIII. Negligence

IX. Special Liability in Particular Activities

X. Strict Liability

Book II--Damages

I. General Considerations

II. Actual and Compensatory Damages 2013 Bar Examination Coverage 9 Civil Law

III. Moral Damages

IV. Nominal Damages



V. Temperate or Moderate Damages

VI. Liquidated Damages

VII. Exemplary or Corrective Damages

VIII. Damages in Case of Death

IX. Graduation of Damages

X. Miscellaneous Rules

IMPORTANT NOTES:












Examinations.








COVERAGE

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. Obligation and Liability 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

C. Warehouseman’s Lien

III. Negotiable Instruments Law

A. Forms and Interpretation

1. Requisites of Negotiability

2. Kinds of Negotiable Instruments 2013 Bar Examination Coverage Mercantile Law 2

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 2013 Bar Examination Coverage Mercantile Law 3

3. Effect of Notice

4. Form of Notice

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 2013 Bar Examination Coverage Mercantile Law 4

C. Characteristics/Nature of Insurance Contracts

D. Classes



1. Marine

2. Fire

3. Casualty

4. Suretyship

5. Life

6. Compulsory Motor Vehicle Liability Insurance

E. Insurable Interest

1. In Life/Health

2. In Property

3. Double Insurance and Over Insurance

4. Multiple or Several Interests on Same Property

F. Perfection of the Contract of Insurance

1. Offer and Acceptance/Consensual

a. Delay in Acceptance

b. Delivery of Policy

2. Premium Payment

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 Action

c. Subrogation 2013 Bar Examination Coverage Mercantile Law 5

V. Transportation Laws

A. Common Carriers

1. Diligence Required of Common Carriers

2. Liabilities of Common Carriers

B. Vigilance over Goods

1. Exempting Causes

a. Requirement of Absence of Negligence

b. Absence of Delay

c. Due Diligence to Prevent or Lessen the Loss

2. Contributory Negligence

3. Duration of Liability

a. Delivery of Goods to Common Carrier

b. Actual or Constructive Delivery

c. Temporary Unloading or Storage

4. Stipulation for Limitation of Liability

a. Void Stipulations

b. Limitation of Liability to Fixed Amount

c. Limitation of Liability in Absence of Declaration of Greater Value

5. Liability for Baggage of Passengers

a. Checked-In Baggage

b. Baggage in Possession of Passengers



C. Safety of Passengers

1. Void Stipulations

2. Duration of Liability

a. Waiting for Carrier or Boarding of Carrier

b. Arrival at Destination

3. Liability for Acts of Others

a. Employees

b. Other Passengers and Strangers

4. Extent of Liability for Damages

D. Bill of Lading

1. Three-Fold Character

2. Delivery of Goods 2013 Bar Examination Coverage Mercantile Law 6

a. Period of Delivery

b. Delivery Without Surrender of Bill of Lading

c. Refusal of Consignee to Take Delivery

3. Period for Filing Claims

4. Period for Filing Actions

E. Maritime Commerce

1. Charter Parties

a. Bareboat/Demise Charter

b. Time Charter

c. Voyage/Trip Charter

2. Liability of Ship Owners and Shipping Agents

a. Liability for Acts of Captain

b. Exceptions to Limited Liability



3. Accidents and Damages in Maritime Commerce

a. General Average

b. Collisions

4. Carriage of Goods by Sea Act

a. Application

b. Notice of Loss or Damage

c. Period of Prescription

d. Limitation of Liability

F. The Warsaw Convention

1. Applicability

2. Limitation of Liability

a. Liability to Passengers

b. Liability for Checked Baggage

c. Liability for Hand-Carried Baggage

3. Willful Misconduct

VI. The Corporation Code

A. Corporation

1. Definition

2. Attributes of the Corporation 2013 Bar Examination Coverage Mercantile Law 7

B. Classes of Corporations

C. Nationality of Corporations

1. Place of Incorporation Test

2. Control Test

2. Grandfather Rule

D. Corporate Juridical Personality



1. Doctrine of Separate Juridical Personality

a. Liability for Torts and Crimes

b. Recovery of Moral Damages

2. Doctrine of Piercing the Corporate Veil

a. Grounds for Application of Doctrine

b. Test in Determining Applicability

E. Incorporation and Organization

1. Promoter

a. Liability of Promoter

b. Liability of Corporation for Promoter’s Contracts

2. Number and Qualifications of Incorporators

3. Corporate Name —Limitations on Use of Corporate Name

4. Corporate Term

5. Minimum Capital Stock and Subscription Requirements

6. Articles of Incorporation

a. Nature and Function of Articles

b. Contents

c. Amendment

d. Non-Amenable Items

7. Registration and Issuance of Certificate of Incorporation

8. Adoption of By-Laws

a. Nature and Functions of By-Laws

b. Requisites of Valid By-Laws

c. Binding Effects

d. Amendment or Revision



F. Corporate Powers

1. General Powers, Theory of General Capacity 2013 Bar Examination Coverage Mercantile Law 8

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 Contract

i. Ultra Vires Acts

i. Applicability of Ultra Vires Doctrine

ii. Consequences of Ultra Vires Acts

3. How Exercised

a. By the Shareholders

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. Fiduciaries Duties and Liability Rules

9. Responsibility for Crimes

10. Inside Information

12. Contracts

a. By Self-Dealing Directors with the Corporation

b. Between Corporations with Interlocking Directors 2013 Bar Examination Coverage Mercantile Law9

c. Management Contracts

16. Executive Committee

17. Meetings

a. Regular or Special

i. When and Where

ii. Notice

b. Who Presides

c. Quorum

d. Rule on Abstention

H. Stockholders and Members

1. Rights of a Stockholder and Members

a. Doctrine of Equality of Shares

2. Participation in Management

a. Proxy



b. Voting Trust

c. Cases When Stockholders ’ Action is Required

i. By a Majority Vote

ii. By a Two-Thirds Vote

iii. By Cumulative Voting

3. Proprietary Rights

a. Right to Dividends

b. Right of Appraisal

c. Right to Inspect

d. Pre-Emptive Right

e. Right to Vote

f. Right to Dividends

g. Right of First Refusal

4. Remedial Rights

a. Individual Suit

b. Representative Suit

c. Derivative Suit

5. Obligation of a Stockholder 2013 Bar Examination Coverage Mercantile Law 10

6. Meetings

a. Regular or Special

i. When and Where

ii. Notice

b. Who Calls the Meetings

c. Quorum

d. Minutes of the Meetings



I. Capital Structure

1. Subscription Agreements

2. Consideration for Stocks

3. Shares of Stock

a. Nature of Stock

b. Subscription Agreements

c. Consideration for Shares of Stock

d. Watered Stock

i. Definition

ii. Liability of Directors for Watered Stocks

iii. Trust Fund Doctrine for Liability for Watered Stocks

e. Situs of the Shares of Stock

f. Classes of Shares of Stock

4. Payment of Balance of Subscription

a. Call by Board of Directors

b. Notice Requirement

c. Sale of Delinquent Shares

i. 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



Incorporation

iii. Legislative Dissolution

iv. Dissolution by the SEC on Grounds under Existing Laws

2. Methods of Liquidation

a. By the Corporation Itself

b. Conveyance to a Trustee within a 3-Year Period

c. By Management Committee or Rehabilitation Receiver

d. Liquidation after Three Years 2013 Bar Examination Coverage Mercantile Law 12

K. Other Corporations

1. Close Corporations

a. Characteristics of a Close Corporation

b. Validity of Restrictions on Transfer of Shares

c. Issuance or Transfer of Stock in Breach of Qualifying Conditions

d. When Board Meeting is Unnecessary or Improperly Held

e. Pre-Emptive Right

f. Amendment of Articles of Incorporation

g. Deadlocks

2. Non-Stock Corporations

a. Definition

b. Purposes

c. Treatment of Profits

d. Distribution of Assets upon Dissolution

3. Religious Corporations - Exclude

4. Foreign Corporations

a. Bases of Authority over Foreign Corporations



i. Consent

ii. Doctrine of “Doing Business” (relate to definition under the Foreign

Investments Act, R.A. No. 7042)

b. Necessity of a License to Do Business

i. Requisites for Issuance of a License

ii. Resident Agent

c. Personality to Sue

d. Suability of Foreign Corporations

e. Instances When Unlicensed Foreign Corporations May Be Allowed to Sue

Isolated Transactions

f. Grounds for Revocation of License

L. Mergers and Consolidations

1. Definition and Concept

2. Constituent vs. Consolidated Corporation

3. Plan of Merger or Consolidation

4. Articles of Merger or Consolidation

5. Procedure 2013 Bar Examination Coverage Mercantile Law 13

6. Effectivity

7. Limitations

8. Effects

VII. Securities Regulation Code (R.A. No. 8799)

A. State Policy, Purpose

B. Securities Required to Be Registered

1. Exempt Securities

2. Exempt Transactions



C. Procedure for Registration of Securities

D. Prohibitions on Fraud, Manipulation and Insider Trading

1. Manipulation of Security Prices

2. Short Sales

3. Fraudulent Transactions

4. Insider Trading

E. Protection of Investors

1. Tender Offer Rule

2. Rules on Proxy Solicitation

3. Disclosure Rule

F. Civil Liability

VIII. Banking Laws

A. The New Central Bank Act (R.A. No. 7653)

1. State Policies

2. Creation of the Bangko Sentral ng Pilipinas (BSP)

3. Responsibility and Primary Objective

4. Monetary Board —Powers and Functions

5. How the BSP Handles Banks in Distress

a. Conservatorship

b. Closure

c. Receivership

d. Liquidation

6. How the BSP Handles Exchange Crisis 2013 Bar Examination Coverage Mercantile Law 14

a. Legal Tender Power

b. Rate of Exchange



B. Law on Secrecy of Bank Deposits (R.A. No. 1405, as amended)

1. Purpose

2. Prohibited Acts

3. Deposits Covered

4. Exceptions

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 — Relevant Jurisprudence

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

3. Technology Transfer Arrangements



B. Patents

1. Patentable Inventions

2. Non-Patentable Inventions

3. Ownership of a Patent

a. Right to a Patent 2013 Bar Examination Coverage Mercantile Law 15

b. First-to-File Rule

c. Inventions Created Pursuant to a Commission

d. Right of Priority

4. Grounds for Cancellation of a Patent

5. Remedy of the True and Actual Inventor

6. Rights Conferred by a Patent

7. Limitations of Patent Rights

a. Prior User

b. Use by the Government

8. Patent Infringement

a. Tests in Patent Infringement

i. Literal Infringement

ii. Doctrine of Equivalents

b. Defenses in Action for Infringement

9. Licensing

a. Voluntary

b. Compulsory

10. Assignment and Transmission of Rights

C. Trademarks

1. Definition of Marks, Collective Marks, Trade Names



2. Acquisition of Ownership of Mark

3. Acquisition of Ownership of Trade Name

4. Non-Registrable Marks

5. Prior Use of Mark as a Requirement

6. Tests to Determine Confusing Similarity between Marks

a. Dominancy Test

b. Holistic Test

7. Well-Known Marks

8. Rights Conferred by Registration

9. Use by Third Parties of Names, etc. Similar to Registered Mark

10. Infringement and Remedies

a. Trademark Infringement

b. Damages 2013 Bar Examination Coverage Mercantile Law 16

c. Requirement of Notice

11. Unfair Competition

12. Trade Names or Business Names

13. Collective Marks

D. Copyrights

1. Basic Principles, Sections 172.2, 175 and 181

2. Copyrightable Works

a. Original Works

b. Derivative Works

3. Non-Copyrightable Works

4. Rights of Copyright Owner

5. Rules on Ownership of Copyright



6. Limitations on Copyright

a. Doctrine of Fair Use

b. Copyright Infringement

X. Special Laws

A. The Chattel Mortgage Law and Real Estate Mortgage Law (Excluded and made

a part of Civil Law coverage)

B. Anti-Money Laundering Act (R.A. No. 9160, as amended by R.A. No. 9194)

1. Policy of the Law

2. Covered Institutions

3. Obligations of Covered Institutions

4. Covered Transactions

5. Suspicious Transactions

6. When Is Money Laundering Committed

7. Unlawful Activities or Predicate Crimes

8. Anti-Money Laundering Council

9. Functions

10. Freezing of Monetary Instrument or Property

11. Authority to Inquire Into Bank Deposits 2013 Bar Examination Coverage Mercantile Law 17

C. 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



3. Registration of Investments on Non-Philippine Nationals

4. Foreign Investments in Export Enterprise

5. Foreign Investments in Domestic Market Enterprise

6. Foreign Investment Negative List

IMPORTANT NOTES:

1. This listing of covered topics is not intended and should not be used by the law

schools as a course outline. This was drawn up for the limited purpose of ensuring that

Bar candidates are guided on the coverage of the 2013 Bar Examinations. Listings

whose subject matters run across several Bar Subjects shall be deemed to include only

the subject matters specific to the given Bar Subject. For example, “Impeachment” is

generally a topic under Political Law but is listed also under Legal and Judicial Ethics for

the ethical components of this Bar Subject. Note that there may be specific

identification of the covering Bar Subject where a topic may be common to several Bar

Subjects. For example, “Independent Civil Actions” mentioned in the Civil Code shall be

included as a topic in Remedial Law rather than in Civil Law. Note also that many special

laws, rules or specific topics, otherwise covered by the different examinable Bar

Subjects, have been omitted or are expressly excluded from the coverage of the 2013

Bar Examinations.

2. The appreciation of the fact situations in, and the answers to, some questions in

every Bar Subject may require the consideration of underlying ethical rules and values.

3. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics,

and promulgated up to January 31, 2013 - are examinable materials within the

coverage of the 2013 Bar Examinations.

COVERAGE



LAW ON TAXATION


I. General Principles of Taxation

A. Definition and concept of taxation

B. Nature of taxation

C. Characteristics of taxation

D. Power of taxation compared with other powers

1. Police power

2. Power of eminent domain

E. Purpose of taxation

1. Revenue-raising

2. Non-revenue/special or regulatory

F. Principles of sound tax system

1. Fiscal adequacy

2. Administrative feasibility

3. Theoretical justice

G. Theory and basis of taxation

1. Lifeblood theory

2. Necessity theory

3. Benefits-protection theory (Symbiotic relationship)

4. Jurisdiction over subject and objects

H. Doctrines in taxation

1. Prospectivity of tax laws

2. Imprescriptibility

3. Double taxation



a) Strict sense

b) Broad sense

c) Constitutionality of double taxation

d) Modes of eliminating double taxation

4. Escape from taxation

a) Shifting of tax burden

(i) Ways of shifting the tax burden

(ii) Taxes that can be shifted

(iii) Meaning of impact and incidence of taxation

b) Tax avoidance

c) Tax evasion

COVERAGE

LEGAL AND JUDICIAL ETHICS


I. LEGAL ETHICS

A. Practice of law (Rule 138)

1. Concept

a) Privilege

b) Profession, not business

2. Qualifications

3. Appearance of non-lawyers

a) Law student practice (Rule 138-A)

b) Non-lawyers in courts



c) Non-lawyers in administrative tribunals

d) Proceedings where lawyers are prohibited from appearing

4. Sanctions for practice or appearance without authority

a) Lawyers without authority

b) Persons not lawyers

5. Public officials and practice of law

a) Prohibition or disqualification of former government attorneys

b) Public officials who cannot practice law or with restrictions

6. Lawyers authorized to represent the government

7. Lawyer’s oath

B. Duties and responsibilities of a lawyer

1. To society

a) Respect for law and legal processes

b) Efficient and convenient legal services

c) True, honest, fair, dignified and objective information on legal services

d) Participation in the improvement and reforms in the legal system

e) Participation in legal education program

2. To the legal profession

a) Integrated Bar of the Philippines (Rule 139-A)

(i) Membership and dues 2013 Bar Examination Coverage 2 Legal and Judicial Ethics

b) Upholding the dignity and integrity of the profession

c) Courtesy, fairness and candor towards professional colleagues

d) No assistance in unauthorized practice of law



3. To the courts

a) Candor, fairness and good faith towards the courts

b) Respect for courts and judicial officers

c) Assistance in the speedy and efficient administration of justice

d) Reliance on merits of his cause and avoidance of any impropriety which tends

to influence or gives the appearance of influence upon the courts

4. To the clients

a) Availability of service without discrimination

(i) Services regardless of a person’s status

(ii) Services as counsel de officio

(iii) Valid grounds for refusal

b) Candor, fairness and loyalty to clients

(i) Confidentiality rule

(ii) Privileged communications

(iii) Conflict of interest

(iv) Candid and honest advice to clients

(v) Compliance with laws

(vi) Concurrent practice of another profession

c) Client’s moneys and properties

(i) Fiduciary relationship

(ii) Co-mingling of funds



(iii) Delivery of funds

(iv) Borrowing or lending

d) Fidelity to client’s cause

e) Competence and diligence

(i) Adequate protection

(ii) Negligence

(ii) Collaborating counsel

(iii) 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 the case

2013 Bar Examination Coverage 3 Legal and Judicial Ethics

g) Attorney’s fees

(i) Acceptance fees

(ii) Contingency fee arrangements

(iii) Attorney’s liens

(iv) Fees and controversies with clients

(v) Concepts of attorney’s fees

(a) Ordinary concept

(b) Extraordinary concept

h) Preservation o f 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)

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

3. Lawyers who have been repatriated

E. Mandatory Continuing Legal Education

1. Purpose

2. Requirements

3. Compliance

4. Exemptions



5. Sanctions

6. Bar Matter 2012, Rule on Mandatory Legal Aid Service

F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)

1. Qualifications of notary public

2. Term of office of notary public 2013 Bar Examination Coverage 4 Legal and Judicial Ethics

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

G. Canons of Professional Ethics

II. JUDICIAL ETHICS

A. Sources

1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)

2. Code of Judicial Conduct

B. Qualities

1. Independence

2. Integrity

3. Impartiality

4. Propriety

5. Equality

6. Competence and diligence

C. Discipline of members of the Judiciary

1. Members of the Supreme Court



a) Impeachment

b) Ethical Lessons from Former Chief Justice Corona’s Impeachment

2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule

140)

3. Grounds

4. Impeachment (ethical aspects)

5. Sanctions imposed by the Supreme Court on erring members of the Judiciary

D. Disqualification of Justices and Judges (Rule 137)

1. Compulsory

2. Voluntary

E. Powers and Duties of Courts and Judicial Officers (Rule 135) 2013 Bar Examination Coverage 5 Legaland Judicial Ethics

F. Court Records and General Duties of Clerks and Stenographer (Rule 136)

G. Legal Fees (Rule 141)

1. Manner of payment

2. Fees in lien

3. Persons authorized to collect legal fees

H. Costs

1. Recovery of costs (Rule 142)

a) Prevailing party

b) Dismissed appeal or action

c) Frivolous appeal

d) False allegations

e) Non-appearance of witness

IMPORTANT NOTES:







given Bar Subject. For example, “Impeachment” is generally a topic under Po litical Law but is







Examinations.




COVERAGE

REMEDIAL LAW


1. General Principles

1.1. Concept of remedial law

1.2. Substantive law vis-a-vis remedial law

1.3. Rule-making power of the Supreme Court

1.3.1 Limitations on the rule-making power of the Supreme Court

1.3.2. Power of the Supreme Court to amend and suspend procedural rules



1.4. Nature of Philippine courts

1.4.1. Meaning of a court

1.4.2. Court as distinguished from a judge

1.4.3. Classification of Philippine courts

1.4.4. Courts of original and appellate jurisdiction

1.4.5. Courts of general and special jurisdiction

1.4.6. Constitutional and statutory courts

1.4.7. Courts of law and equity

1.4.8. Principle of judicial hierarchy

1.4.9. Doctrine of non-interference or doctrine of judicial stability

2. Jurisdiction

2.1 Over the parties

2.1.1. How jurisdiction over the plaintiff is acquired

2.1.2. How jurisdiction over the defendant is acquired

2.2 Over the subject matter

2.2 1. Meaning of jurisdiction over the subject matter

2.2 2. Jurisdiction versus the exercise of jurisdiction

2.2 3. Error of jurisdiction as distinguished from error of judgment

2.2 4. How jurisdiction is conferred and determined

2.2 5. Doctrine of primary jurisdiction

2.2 6. Doctrine of adherence of jurisdiction

2.2 7. Objections to jurisdiction over the subject matter

2.2 8. Effect of estoppel on objections to jurisdiction

2.3. Over the issues

2.4 Over the res or property in litigation



2.5. Jurisdiction of courts