Free Bar Reviewers 2025
We have crafted comprehensive reviewers for every topic in the syllabus. Simply click on any topic listed under the subjects below to access its corresponding reviewer.
Subjects
I. THE 1987 CONSTITUTION
A. Nature and Concept of a Constitution
II. BASIC CONCEPTS
A. Declaration of Principles and State Policies
B. Sovereignty
G. Fundamental Powers of the State
1. Police Power
3. Taxation
III. NATIONAL TERRITORY
A. Scope (Terrestrial, Aerial, and Fluvial Domains)
IV. CONSTITUTIONAL COMMISSIONS
A. Constitutional Safeguards to Ensure Independence
C. Powers, Functions, and Jurisdiction
D. Composition and Qualifications of Members
E. Prohibited Offices and Interests
F. Judicial Review of Final Orders, Resolutions, and Decisions
G. Rendered in the Exercise of Quasi-Judicial Functions
H. Rendered in the Exercise of Administrative Functions
V. CITIZENSHIP
B. Modes of Acquiring Citizenship
C. Natural Born and Naturalized Citizens
D. Loss and Re-acquisition of Philippine Citizenship
1. Republic Act (R.A.) No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003
E. Dual Citizenship and Dual Allegiance
VI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE, AND SPORTS
VII. NATIONAL ECONOMY AND PATRIMONY
1. R.A. No. 11659 or the New Public Services Act
C. Nationalist and Citizenship Requirement Provisions
D. Exploration, Development, and Utilization of Natural Resources
E. Acquisition, Ownership, and Transfer of Public and Private Lands
VIII. LAW ON PUBLIC OFFICERS
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
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 and De Jure Officers
K. Termination of Official Relation
1. Scope
2. Appointments to the Civil Service
M. Accountability of Public Officers
b. Criminal
c. Civil
2. Discipline
a. Grounds
b. Jurisdiction
c. Dismissal, Preventive Suspension, Reinstatement, and Back Salaries
3. Impeachment and Quo Warranto
a. Functions
b. Judicial Review in Administrative Proceedings
c. Judicial Review in Penal Proceedings
N. Term Limits
IX. LEGISLATIVE DEPARTMENT
2. Principle of Non-delegability; Exceptions
B. Chambers of Congress; Composition; Qualifications
1. Senate
a. District Representatives and Questions of Apportionment
C. Declaration of the Existence of a State of War
D. Legislative Privileges, Inhibitions, and Disqualifications
E. Quorum and Voting Majorities
H. Electoral Tribunals and the Commission on Appointments
1. Nature
2. Powers
1. Legislative Inquiries and Oversight Functions
3. Limitations on Legislative Power
4. Limitations on Revenue, Appropriations, and Tariff
X. EXECUTIVE DEPARTMENT
A. Qualifications, Election, and Term of the President and Vice-President
B. Privileges, Inhibitions, and Disqualifications
1. General Executive and Administrative Powers
a. Process of Confirmation by the Commission on Appointments
b. Bypassed Appointments and their Effects
c. Appointments by an Acting President
d. Scope of Midnight Appointments
f. Disciplinary Power (Suspension and Removal)
3. Power of Control and Supervision
a. Doctrine of Qualified Political Agency
b. Executive Departments and Offices
c. Local Government Units (LGU)
b. Forms of Executive Clemency
a. In General
b. To Contract or Guarantee Foreign Loans
c. Entry into Treaties or International Agreements; Withdrawal and Termination
8. Powers Relative to Appropriation Measures
10. Residual powers
11. Veto powers
XII. THE BILL OF RIGHTS
A. Private Acts and the Bill of Rights
B. Due Process
3. Judicial and Administrative Due Process
1. Requisites for Valid Classification
2. Standards of Judicial Review
D. Arrests, Searches, and Seizures
1. Requisites of a Valid Warrant
2. Warrantless Arrests and Searches
E. Privacy of Communications and Correspondence
1. R.A. No. 10173 or the Data Privacy Act
F. 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
7. Unprotected Speech; Libel and Hate Speech
1. Non-Establishment and Free Exercise Clauses
2. Separation of Church and State
3. Benevolent Neutrality and Conscientious Objector
4. Tests to Determine the Validity of Governmental Regulation
H. Liberty of Abode and Right to Travel
2. Watch-List and Hold Departure Orders
1. Executive Order No. 2, s. 2016 or Freedom of Information
2. R.A. No. 11032 or the Ease of Doing Business Act
1. Concept
2. Public Use
L. Non-Impairment of Contracts
M. Free Access to Courts and Adequate Legal Assistance
1. Requisites of a Valid Waiver and the Exclusionary Rule
2. The Rights of Persons Arrested, Detained or Under Custodial Investigation under R.A. No. 7438
2. Bail
P. Right to Speedy Trial and Speedy Disposition of Cases
Q. Right Against Self-incrimination
R. Right Against Double Jeopardy
S. Right Against Involuntary Servitude
T. Right Against Excessive Fines, and Cruel and Inhuman Punishments
V. Ex Post Facto Laws and Bills of Attainder
W. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo
XIII. ADMINISTRATIVE LAW
C. Powers of Administrative Agencies
1. Quasi-Legislative or Rule-Making Power
a. Kinds of Administrative Rules and Regulations
2. Quasi-Judicial or Adjudicatory Power
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
XIV. ELECTION LAW
A. Suffrage
1. Qualifications and Disqualification of Voters
2. Registration and Deactivation of Voters
3. Inclusion and Exclusion Proceedings
4. Local and Overseas Absentee Voting
B. Candidacy
1. Qualifications and Disqualifications of Candidates
2. Filing of Certificates of Candidacy
b. Substitution and Withdrawal of Candidates
d. Duties of the Commission on Elections (COMELEC)
3. Ministerial Duty of COMELEC to Receive Certificates of Candidacy
4. Effect of Filing of Certificate of Candidacy
5. Eligibility and Material Misrepresentation
6. Withdrawal of Certificates of Candidacy
7. Effects of Denial and Cancellation of Certificate of Candidacy due to Material Misrepresentation
9. Nuisance Candidates and Effects of Declaration of Nuisance Candidacy
10. Disqualification of Candidates; Effects
C. Campaign
3. Lawful and Prohibited Election Propaganda
5. Statement of Contributions and Expenses
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy
2. Petition for Disqualification
3. Failure of Election; Call for Special Election
4. Pre-Proclamation Controversy
6. Quo Warranto
7. Recall
E. Prosecution of Election Offenses [Exclude: Penal Provisions]
XV. LAW ON LOCAL GOVERNMENTS
1. Concept; Distinguished from Government-Owned or Controlled Corporations
i. Elements
iii. Requisites for Creation, Conversion, Division, Merger or Dissolution
B. Principles of Local Autonomy
C. Autonomous Regions and their Relation to the National Government
D. LGUs
1. Powers
a. Police Power
c. Taxing Power
d. Closure and Opening of Roads
3. Settlement of Boundary Disputes
4. Vacancies and Succession of Local Officials
5. Recall
6. Term Limits
XVI. PUBLIC INTERNATIONAL LAW
A. Concepts
B. Relationship Between International and Philippine Domestic Law
C. Sources of International Law
1. International Court of Justice Statute
2. Effect of United Nations Declarations, Security Council Resolutions
3. Effect of Actions of Organs of International Organizations Created by Treaty
D. Subjects of International Law
1. States
2. International Organizations
3. Individuals
4. Others
b. Nationality Principle and Statelessness
e. Passive Personality Principle
2. Exemptions from Jurisdiction
b. International Organizations and their Officers
c. Diplomatic and Consular Law
F. Nationality and Statelessness
G. General Principles of Treaty Law
H. Doctrine of State Responsibility
I. Refugees
1. Extradition
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
1. Categories of Armed Conflicts
a. International Armed Conflicts
b. Internal or Non-international Armed Conflict
2. War Crimes, Genocide, and Other Crimes Against Humanity
3. The Role of the International Criminal Court
M. Judicial and Arbitral Settlement
1. International Court of Justice
2. Permanent Court of Arbitration
3. Peaceful Settlement of International Disputes
1. International Tribunal for the Law of the Sea
3. Maritime and Territorial Disputes
O. International Environmental Law
1. Principle 21 of Stockholm Declaration
XVII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022- 2027
A. Challenges
I. BUSINESS ORGANIZATIONS
A. Corporations
b. Nationality of Corporations
i. Control Test
ii. Grandfather Rule
c. Doctrine of Separate Juridical Personality
d. Doctrine of Piercing the Corporate Veil
3. Incorporation and Organization
a. Number and Qualifications of Incorporators
e. Articles of Incorporation, Corporate Name, and Commencement of Corporate Existence
f. By-Laws
4. Directors, Trustees, and Officers
a. Qualifications and Disqualifications
b. Elections
d. Term, Holdover, and Removal
e. Vacancy
g. Duties, Liability, and Dealings of Directors
h. Doctrine of Centralized Management
j. Doctrine of Apparent Authority
k. Doctrine of Ratification or Estoppel
5. Powers of Corporations; Incidental Powers; Ultra Vires Doctrine
a. Doctrine of Equality of Shares
b. Participation in Management; Voting Requirements
iii. Pre-emptive Right
iv. Appraisal Right
d. Derivative Suit; Intra-corporate Suit
e. Delinquency
7. Mergers, Consolidations, and Acquisitions
b. Business Enterprise Transfer
8. Corporate Dissolution and Liquidation
a. Personality to Sue and Suability
b. Republic Act (R.A.) No. 7042, as amended by R.A. Nos. 8179 and 11647 or the Foreign Investments Act
i. “Doing Business in the Philippines”
iii. Nationalized Activities and the Negative List
B. Partnerships
a. Definition and Separate Juridical Personality
b. Rules to Determine Existence
c. Separate Juridical Personality
2. Obligations of Partners among Themselves
3. Property Rights of Partners
4. Obligations of Partnership; Obligations of Partners to Third Persons
II. INSURANCE
Presidential Decree No.612, as amended by Republic Act No.10607
C. Concealment
E. Policy
F. Warranties
G. Premium
H. Loss
J. Double Insurance; Overinsurance
K. Reinsurance
III. TRANSPORTATION
A. General Principles of Common Carriers
1. Common Carrier vs. Private Carrier
IV. BANKING
A. Secrecy of Bank Deposits (R.A. No.1405 and R.A. No.6426, as amended)
3. Garnishment of Deposits, including Foreign Deposits
B. General Banking Law (R.A. No.8791)
1. Nature of Bank Funds and Bank Deposits
2. Required Diligence of Banks
3. Prohibited Transactions by Bank Directors, Officers, and Employees
1. Definition of Insured Deposit
1. Policy
2. Covered Institutions and their Obligations
b. Predicate Crimes/Unlawful Activity
7. Authority to Inquire, Freezing, and Forfeiture
V. INTELLECTUAL PROPERTY
Republic Act No.8293, as amended
A. Patents
1. Patentable vs. Non-patentable Inventions
3. Rights and Limitations of Patent Owner
5. Cancellation
B. Trademarks
1. Marks vs. Collective Marks vs. Trade Names
3. Ownership, Registration, and Duration
C. Copyrights
3. Rights Conferred by Copyright
VI. SECURED TRANSACTIONS
A. R.A. No.11057 or the Personal Property Security Act
2. Creation of Security Interest
3. Perfection of Security Interest
a. Registration
b. Possession
c. Control
VII. OTHER SPECIAL LAWS AND RULES
A. R.A. No.10142 or the Financial Rehabilitation and Insolvency Act
a. Key Concepts
b. Effects of Commencement Order and Exceptions
3. Liquidation and Effects of Liquidation Order
B. R.A. No.10173 or the Data Privacy Act
1. Personal vs. Sensitive Personal Information
2. Scope
3. Processing of Personal and Sensitive Personal Information; Lawful Basis
4. General Data Privacy Principles
C. R.A. No.8792 or the Electronic Commerce Act
1. Legal Recognition of Electronic Data Messages, Documents, and Signatures
2. Lawful Access and Obligation of Confidentiality
D. Commonwealth Act No.146 as amended by R.A. No.11659 or the Public Service Act
VIII. TAXATION LAW
1. Concept and Definition of Taxation
2. Inherent and Constitutional Limitations of Taxation
4. Lifeblood Doctrine; Manifestations; Prohibition on Compensation and Set-off, Impact, Effect
5. Authority of Congress, Secretary of Finance, Commissioner of Internal Revenue (CIR)
6. Construction and Interpretation of Tax Laws, Rules, and Regulations
b. Indirect Duplicate Taxation
c. Mitigants
ii. Tax Credit
iii. Tax Deduction
iv. Tax Discount
c. Tax Evasion
a. Nature – Exempt Person vs. Exempt Transaction
c. Contractual
d. Construction of Tax Exemption Laws
e. Revocation
10. Compromise and Tax Amnesty
11. Taxpayer’s Suit: Rationale and Requisites
1. Income Tax
a. Nature and General Principles
i. Criteria in Imposing Philippine Income Tax
ii. Types of Philippine Income Taxes
iii. Kinds of Taxpayers – Individual, Corporations, Trusts, Estate
(a) Individual vs. Corporate Income Taxation – Schedular vs. Flat Rate
(b) Income Tax on Special Corporations
b. Income
i. Definition
ii. Realization and Recognition of Income
iii. Taxability of Income
iv. Income Sources
(d) Income from Dealings in Property
(1) Capital vs. Ordinary Asset
(f) Gross Income vs. Net Income vs. Taxable Income
(1) Tax Deductions vs. Tax Credits
(2) Optional Standard Deduction
(1) Rationale
(2) Creditable vs. Withholding Taxes
(3) Duties of a Withholding Agent
a. Concept and Elements of VATable Transactions
b. Impact and Incidence of Tax
c. Destination Principle; Cross-Border Doctrine
d. Transactions Deemed Sale Subject to VAT
f. VAT Exempt Persons vs. VAT Exempt Transactions
3. Tax Remedies
i. Tax Deficiency vs. Tax Delinquency
ii. Tax Evasion
i. Deficiency Interest and Delinquency Interest
ii. Surcharge
iii. Compromise Penalty
ii. Submission of Supporting Documents by taxpayer
iv. Issuance of Preliminary Assessment Notice
v. Issuance of Formal letter of Demand/Final Assessment Notice
a. Prescriptive Period for Assessment
(1) False Returns vs. Fraudulent Returns vs. Non Filing Returns
b. Suspension of the Running of Statute of Limitations
i. Requisites
b. Effect of Failure to File Protest
ii. Submission of Supporting Documents by Taxpayer
iii. Decision of the Commissioner on the Protest
a. Period to Act Upon or Decide on Protest Filed
b. Remedies of the Taxpayer in case the CIR Denies the Protest or Fails to Act on the Protest
c. Effect of Failure to Appeal
iv. Compromise and Abatement of Taxes
v. Recovery of Tax Erroneously or Illegally Collected
b. Proper Party to File Claim for Refund or Tax Credit
a. Tax Lien
c. Forfeiture of Real Property
d. Suspension of Business Operation
a. Civil Action
c. Non-Availability of Injunction on Collection
IX. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
A. Challenges
I. PRELIMINARY TITLE
A. Effect and Application of Laws
3. Instances when laws are given retroactive effect by way of exception
4. Nullity of acts committed in violation of mandatory or prohibitory laws; Exceptions
5. Waiver
6. Void Laws
a. Exception posed by the Doctrine of Operative Fact
ii. Prospective Application of Doctrines; Exception
a. Section 31, Chapter VIII, Book I of the Revised Administrative Code of 1987
9. Principle of generality of criminal law
10. Conflict of Laws
II. PERSONS
i. Sections 2, 4 and 18 of Republic Act (R.A.) No. 11232
1. Presumption of capacity to act
2. Acquisition of Capacity to Act – R.A. No. 6809
C. Restrictions on capacity to act
1. Further restrictions on capacity to act arising from minority – R.A. No. 11596
III. FAMILY CODE
A. Marriage
b. Essential and Formal Requisites of Marriage
c. Effects of Absence, Defect or Irregularity of the Requisites
d. Rights and Obligations Between Husband and Wife
2. Validity of Marriages Celebrated Abroad
a. Grounds available to have marriages celebrated abroad declared null and void in the Philippines;
3. Mixed Marriages and Foreign Divorce
a. See Republic v. Manalo, 831 Phil. 33 (2018)
a. Different Grounds for Nullity
i. See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021
b. Legal standing to file a petition for declaration of nullity
c. Collateral attack to assail validity of a marriage
d. Legal Consequences of Declaring a Marriage as Null and Void
a. Grounds
b. Defenses
c. Legal Consequences of Annulment of Marriage
a. Grounds
b. Defenses
c. Legal Consequences of Legal Separation
7. Property Relations Between the Spouses
a. Ante-Nuptial Agreements or Marriage Settlements
i. Absolute Community of Property Regime
ii. Conjugal Partnership of Gains Regime
iii. Complete Separation of Property Regime or Judicial Separation of Property
d. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains
e. Property Regime of Unions Without Marriage
a. Concepts of Paternity, Filiation, and Legitimacy
i. Who are Legitimate Children
ii. Proof and period to establish legitimate filiation
iii. Rights of Legitimate Children
iv. Standing to Impugn Legitimacy
v. Grounds to Impugn Legitimacy
vi. Prescriptive periods to impugn legitimacy
i. Who are Illegitimate Children
ii. Proof of Filiation of Illegitimate Children
iii. Rights of Illegitimate Children – R.A. No. 9255
iv. Grounds to Impugn Filiation
i. Who May be Legitimated - R.A. No. 9858
ii. How Legitimation Takes Place
iii. Grounds to Impugn Legitimacy
iii. Administrative Process of Adoption
vii. Foundlings; Citizenship Status and Administrative Adoption of Foundlings under R.A. No. 11767
9. Support
b. Who are Obliged to Give Support
a. Concept of Parental Authority
b. Substitute Parental Authority
d. Effects of Parental Authority
IV. CIVIL REGISTER
A. Correction of Entries in the Civil Register
2. R.A. No. 9048 as amended by R.A. No. 10172
V. OBLIGATIONS AND CONTRACTS
A. Obligations
1. Civil and Natural Obligations
a. Definition
3. Nature and Effects of Obligations
b. Remedies for Breach of Obligations
c. Defense of Fortuitous Event
4. Different Kinds of Obligations
a. Pure
b. Conditional; Kinds of Conditions
e. Joint and Solidary Obligations
f. Divisible and Indivisible Obligations
g. Obligations with a Penal Clause
5. Extinguishment of Obligations
a. Payment
ii. Capacity and/or Identity of Payor or Payee
ii. Requisites
iii. Effect of Loss on an Obligation
v. Principle of Rebus Sic Stantibus as applied to obligations
c. Condonation
d. Confusion
e. Compensation
i. Requisites
ii. Effect of Assignment of Credit on right to invoke compensation
f. Novation
ii. Express and Implied Novation
iii. Expromision and Delegacion Distinguished
(a) Consent Required
(b) Effect of Insolvency of New Debtor
iv. Legal and Conventional Subrogation
6. Estoppel
B. Contracts
ii. Natural Elements
2. Basic Principles of Contracts
a. Obligatory Force of a Contract
b. Freedom to Stipulate (Autonomy of the Will) and its Limitations
c. Relativity
i. Concept
ii. Exceptions to the Rule on Privity of Contracts
ii. Exceptions
iii. Reformation of Instruments
3. Real vs. Consensual Contracts
4. Form, Reformation, and Interpretation of Contracts
VI. WILLS AND SUCCESSION
A. Succession
1. Definition
a. Death
b. Inheritance
i. Property
ii. Rights
iii. Obligations
iv. Extent of a Person’s Liability for an Inherited Obligation
c. Successors
i. Heirs
ii. Voluntary Heirs
iii. Compulsory Heirs
iv. Intestate Heirs
d. Acceptance
B. Different Kinds of Succession
a. Concept
b. Wills
ii. Effect of simply providing for disinheritance
d. Kinds of Wills: Notarial and Holographic Wills
i. Requisites Common to Notarial and Holographic Wills
ii. Requisites of a valid Notarial Will
iii. Special Requirements
iv. Requisites of a valid Holographic Will
e. Codicils and Doctrine of Incorporation by Reference
f. Revocation of Wills and Testamentary Dispositions
i. Modes
iii. Doctrine of Dependent Relative Revocation
g. Republication and Revival of Wills
h. Allowance and Disallowance of Wills
i. Institution and Substitution of Heirs
j. Dispositions with a Condition or Term
i. Instances when legacy/device is deemed revoked
b. Computation of the Net Hereditary Estate
c. Determination of the Legitime
d. Consequence of Impairment of the Legitime
e. Preterition
i. Requisites
ii. Grounds
iii. Effects of Disinheritance
v. Preterition vs. Defective Disinheritance
b. Order of Intestate Succession
c. Rule of Proximity and Rule of Equality
C. Provisions Common to Testate and Intestate Succession
2. Rule of Preference of Lines
4. Right of Accretion in intestate and testate succession
5. Collation
6. Acceptance and Repudiation of Inheritance
b. No right of representation when there is repudiation
VII. SPECIAL CONTRACTS
a. Contract of Sale vs. Contract to Sell
d. Earnest Money in Contract of Sale and Contract to Sell
4. Double Sale
5. Effects of Loss of Thing Sold
6. Recto Law
a. Transactions covered by the Maceda Law
b. Computation of the number of installments made
c. Rights given to the buyer on installment
d. Requisites for a valid cancellation under the Maceda Law
e. Consequence of failure to comply with the requisites of a valid cancellation under the Maceda Law
8. Conventional and Legal Redemption
1. Rights and Obligations of the Lessor and Lessee
2. Sublease and Assignment of Lease
C. Agency
2. Obligations of Agent and Principal
VIII. CREDIT TRANSACTIONS
A. Loans
1. Definition
a. Commodatum
b. Mutuum
B. Deposit
1. Definition
a. Judicial
1. Nature and Extent of Guaranty
1. Requisites
3. Foreclosure
IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
A. Property
1. Requisites
ii. Movable Property
i. Property of Private Ownership
ii. Property of Public Dominion
B. Ownership
1. Definition
a. Difference between real and personal rights
5. Actions to Recover Ownership and Possession of Property
b. Kinds
iii. Accession Natural
iv. Accession Industrial in relation to Immovable Property
v. Accession Industrial in relation to Movable Property
7. Co-Ownership
a. Definition
b. Quantitative and Qualitative Concept of Co-ownership
c. Consequences of Co-ownership
d. Right of Legal Redemption given to Co-owners of a co-owner selling his or her ideal share
i. Requisites
e. Partition
f. Prescription among co-owners
8. Possession
a. Definition
b. Classification of Possession
i. Possession exercised in one’s own name or in the name of another
ii. Possession in concept of owner and possession in concept of holder
iii. Possession in good faith or bad faith
i. Nature of possession required for acquisitive prescription
iii. Right to the fruits
iv. Right to Necessary Expenses, Useful Expenses and Luxurious Expenses
v. Effect of limited right of removal on the right to useful and luxurious improvements
vi. Possession equivalent to title
9. Easements
d. Modes of Acquiring Easements
e. Rights and obligations of the dominant and servient estate
f. Modes of Extinguishment of Easements
C. Different Modes of Acquiring Ownership
1. Occupation
2. Tradition
3. Donation
d. Distinctions Between Mortis Causa and Inter Vivos Donations
e. Donations Mortis Causa as Testamentary Dispositions
f. Form
4. Prescription
X. QUASI-CONTRACTS
A. Definition of Quasi Contracts
B. Kinds
a. Distinction from Accion in Rem Verso
b. Mistake of law as basis for solutio indebiti
c. Significance of good faith on the part of the payee
XI. QUASI-DELICTS
A. Principles
2. Persons Made Responsible for Others
a. In General
ii. Indirect liability for intentional acts
iii. Presumption of negligence on persons indirectly responsible
i. Parents
ii. Guardian
iii. Owners and Managers of Establishments and Enterprises
iv. Employers
v. State
vi. Teachers and Heads of Establishments of Arts and Trades
1. Concept
a. Distinguished from Immediate Cause
b. Distinguished from Intervening Cause
c. Distinguished from Remote and Concurrent
2. Legal Cause
a. Natural and Probable Consequences
3. Efficient Intervening Cause
1. Intentional
2. Negligent
E. Defenses
3. Accident or fortuitous event
7. Prescription
8. Waiver
F. Medical Negligence and Malpractice
XII. DAMAGES
B. Kinds
1. Actual and Compensatory Damages
4. Temperate or Moderate Damages
6. Exemplary or Corrective Damages
XIII. LAND TITLES AND DEEDS
2. Review of Decree of Registration
3. Innocent Purchaser for Value; Rights
C. National Restrictions on Land Ownership
D. Confirmation of Imperfect Titles - R.A. No. 11573
2. Involuntary Dealings; Adverse Claims and Notice of Lis Pendens
F. Non-Registrable Properties (Civil Code)
G. Dealings with Unregistered Lands
2. Conditions for Compensation from Assurance Fund
3. Parties named as respondents in action to claim against the Assurance Fund
4. Reckoning point of the prescriptive period to claim against the Assurance Fund
XIV. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
A. Challenges
I. INTRODUCTION TO LABOR LAW: FUNDAMENTAL PRINCIPLES/CONCEPTS
A. Legal Basis
a. International Labor Organization Ratifications
3. Civil Code
4. Labor Code
3. 2016 Revised POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers
4. Parties
a. Worker
b. Migrant worker or Overseas Filipino Worker
5. Definition of recruitment and placement
6. Regulation of recruitment and placement activities
a. DMW
b. Regulatory and visitorial powers of the DMW Secretary
9. Entities prohibited from recruiting
10. Suspension or cancellation of license or authority
2. Illegal recruitment as distinguished from estafa
D. Liability of local recruitment agency and foreign employer
2. Theory of imputed knowledge
E. Termination of contract of migrant worker
F. Employment of non-resident aliens
II. JURISDICTION & REMEDIES
See also Executive Order Nos. 126 & 251; Republic Act No. 9347
A. Jurisdiction
2. Backwages
3. Damages and Attorney’s Fees
6. Indemnity
7. Liability of Corporate Officers
B. Labor Arbiter, See also R.A. No. 8042
1. Jurisdiction of the Labor Arbiter as distinguished from the Regional Director
C. NLRC
F. Department of Labor and Employment (DOLE) Regional Directors
1. Jurisdiction
2. Recovery and adjudicatory power
1. Jurisdiction
2. Visitorial and enforcement powers
a. Department Order No. 283-23 series of 2023
3. Power to suspend effects of termination
a. Department Order No. 183 series of 2017
1. Jurisdiction
2. Remedies
III. SOCIAL LEGISLATION
A. Social Security System Law - R.A. No. 11199
3. Benefits
B. Government Service Insurance System Law - R.A. No. 8291
3. Benefits
C. Portability – R.A. No. 7699
D. Disability and Death Benefits
2. POEA Standard Employment Contract – Sec. 32 POEA Standard Employment Contract
3. Rules on referral to third doctor
1. Occupational Qualifications
6. Grant of Bonuses and Other Benefits
8. Post-Employment Restrictions
IV. WORK RELATIONSHIPS
A. Employer-employee relations
1. Definition
2. Department Order No. 147-15, Sec. 3
3. Tests
4. Burden of proving employer-employee relationship
5. Piercing the corporate veil
6. Cases involving Television broadcasters
1. Trilateral relationship; requirements for independent contractor
2. Permissible contracting or subcontracting; not covered
3. Rights of contractor’s/subcontractor’s employees
4. Effect of termination of employment
5. Prohibited contracting – Labor-only contractor
10. Applicability/non-applicability
C. Independent Contractor – Bilateral Relations
V. LABOR STANDARDS
2. Flexible work arrangements, R.A. No. 11165
4. The Personal Comfort Doctrine
6. Non-compensable hours; when compensable
a. Meal break
b. Power interruptions or brownouts
c. Idle time
d. Travel time
f. Waiting time
7. Rest periods
8. Service charge – R.A. No. 11360, Department Order No. 242-24
1. Definition, components, and exclusions
c. Holiday pay
i. Labor Code, Executive Order 203, IRR, R.A. No. 9492, R.A. No. 9849, R.A. No. 10966
2. Principles
b. Equal pay for equal work/Equal Pay for Work of Equal Value
c. Fair day’s wage for a fair day’s work
3. Minimum wage
5. Prohibitions regarding wages
a. Wage order
C. Leaves
1. Labor Code
2. Special Laws
a. Parental leave for solo parents
b. R.A. No. 8972, as amended by R.A. No. 11861
c. Expanded maternity leave – R.A. No. 11210
d. Paternity leave – R.A. No. 8187
f. Battered Woman Leave (VAWC Leave) – R.A. No. 9262
D. Working conditions for special workers
a. The Dual Training System Act: R.A. No. 7686, R.A. No. 10869 or the Jobstart Philippines Act
b. R.A. No. 11230 or the Tulong-Trabaho Act
a. R.A. No. 7277 as amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10524
1. Gender
b. Stipulation against marriage
e. Women working in night clubs, etc.
2. Minors
b. DOLE Department Advisory 01-08 Series of 2008
c. Department Order No. 149 series of 2016, Department Order No. 149-A (2017)
3. Night workers - R.A. No. 10151 (2011)
4. Kasambahays – R.A. No. 10361
5. Home workers
VI. POST-EMPLOYMENT: KINDS OF EMPLOYMENT
VII. TERMINATION BY EMPLOYER
See also Department Order No. 147-15
A. Generally
B. Just Causes
D. Constructive Dismissal vs. Demotions
E. Authorized Causes - Labor Code, Department Order No. 147-15
1. Retrenchment
2. Redundancy
3. Closure
4. Disease (Labor Code, Article 299)
a. Procedure - Labor Code, Department Order No. 147-15
b. Quitclaim
VIII. TERMINATION BY EMPLOYEE
IX. RETIREMENT
X. LABOR RELATIONS
B. Rights and Conditions of Membership
1. Admission and Discipline of Members
2. Election of Officers: Qualifications; Manner of Election; Tenure and Compensation
4. Union Funds
6. Requisites of Check-Off; Payment of Special Assessment
9. Enforcement and Remedies; Procedure, Jurisdiction, and Sanctions
C. Union Chartering/Affiliation: Local and Parent Union Relations
F. Collective Bargaining and Administration
H. Peaceful Concerted Activities - Labor Code, R.A. No. 6727
XI. JURISDICTION AND RELIEFS
Republic Act No. 10396, Department Order No. 151-16
B. NLRC Rules of Procedure (2011)
1. Injunction
D. Inter/Intra Union Disputes and Other related Labor Relations Disputes
1. Voluntary Arbitration, Tripartite Voluntary Arbitration Advisory Council
E. National Conciliation Mediation Board
1. Labor Code, Articles 219(c), 26
XII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
A. Challenges
I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW
B. Construction or Interpretation of Penal Laws
1. Effects of Repeal/Amendments of Penal Laws
2. Retroactive Effect of Penal Laws
3. Pro Reo Principle/Rule of Lenity
C. Nullum Crimen, Nulla Poena Sine Lege
D. Mala in Se and Mala Prohibita
F. Cardinal Principles of Criminal Law
1. Generality
G. Constitutional Limitations on the Power of Congress to Enact Penal Laws
2. Due Process
5. Excessive Fines, Cruel, Degrading or Inhuman Punishment
II. REVISED PENAL CODE – BOOK ONE
A. Felonies
2. Causes Affecting Criminal Liability
b. Efficient Intervening Cause
3. Aberratio Ictus, Error in Personae, and Praeter Intentionem
5. Duty of the Courts in Case of Non-Punishable Act and Excessive Penalty
a. Subjective Phase and Objective Phase
c. Attempted, Frustrated, and Consummated Stages
d. Overt Acts
8. Classification of Felonies According to Gravity: Grave, Less Grave, and Light
9. Suppletory Application of the Revised Penal Code
B. Circumstances Affecting Criminal Liability
6. Absolutory Causes/Instigation/Entrapment
C. Persons Criminally Liable and Degree of Participation
1. Principals, Accomplices, and Accessories
2. Presidential Decree (P.D.) No. 1612 (Anti-Fencing Law)
3. P.D. No. 1829 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders)
D. Plurality of Crimes (Real and Ideal)
5. Special Complex Crime/Composite Crimes
E. Penalties
1. Classification of Penalties
2. Principal and Accessory Penalties
3. Duration and Effects of Penalties
4. Application and Graduation of Penalties
F. Execution and Service of Penalties
2. Release on Recognizance [R.A. No. 10389 (The Recognizance Act of 2012)]
3. Successive Service of Sentence
5. Indeterminate Sentence Law [Act No. 4103, as amended by R.A. No. 4203]
6. Probation [P.D. No. 968, as amended by R.A. No. 10707 (An Act Amending P.D. No. 968)]
G. Extinction of Criminal Liability
c. Amnesty
g. Marriage between the Offender and the Offended Party
a. Conditional Pardon [Act No. 1524]
d. Parole
2. Restitution, Reparation, and Indemnification
3. Civil Liability of an Offender Exempted from Criminal Liability
4. Share of Each Person Civilly Liable for a Felony
6. Extinction and Survival of Civil Liability Ex-Delicto
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Laws of Nations
B. Title Two - Crimes Against the Fundamental Laws of the State
C. Title Three - Crimes Against Public Order
D. Title Four - Crimes Against Public Interest
E. Title Six - Crimes Against Public Morals
F. Title Seven - Crimes Committed by Public Officers
G. Title Eight - Crimes Against Persons
H. Title Nine - Crimes Against Personal Liberty and Security
I. Title Ten - Crimes Against Property
J. Title Eleven - Crimes Against Chastity
K. Title Twelve - Crimes Against the Civil Status of Persons
L. Title Thirteen - Crimes Against Honor
M. Title Fourteen - Quasi-Offenses
IV. SPECIAL PENAL LAWS
A. Comprehensive Firearms and Ammunition Regulation Act [R.A. No. 10591, Secs. 3 and 28-41]
C. Anti-Fencing Law of 1979 [P.D. No. 1612]
D. Anti-Cattle Rustling Law [P.D. No. 533]
F. Code of Conduct and Ethical Standards for Public Officials and Employees [R.A. No. 6713]
G. Anti-Hazing Act of 2018 [R.A. No. 8049, as amended by R.A. No. 11053]
H. Anti-Photo and Video Voyeurism Act of 2009 [R.A. No. 9995]
I. Anti-Plunder Act [R.A. No. 7080, as amended by R.A. No. 7659]
2. Definition of the Crime of Plunder, Series, and Combination
3. Pattern
J. Anti-Torture Act of 2009 [R.A. No. 9745]
L. Anti-Violence Against Women and their Children Act of 2004 [R.A. No. 9262]
M. Bouncing Checks Law [B.P. Blg. 22; A.C. No. 12-2000; A.C. No. 13-2001]
O. Cybercrime Prevention Act of 2012 [R.A. No. 10175]
P. New Anti-Carnapping Act of 2016 [R.A. No. 10883; R.A. No. 11235]
R. Swindling by Syndicate [P.D. No. 1689]
S. Law on Arson [P.D. No. 1613]
T. Anti-Terrorism Act [R.A. No. 11479]
U. Terrorism Financing Prevention and Suppression Act [R.A. No. 10168]
V. Anti-Piracy and Anti-Highway Robbery Law [P.D. No. 532]
X. Juvenile Justice and Welfare Act [R.A. No. 9344, as amended by R.A. No. 10630]
Y. Obstruction of Justice [P.D. No. 1829]
V. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
A. Challenges
I. GENERAL PRINCIPLES
A. Concept of Remedial or Procedural Law
C. Substantive law vis-a-vis Remedial Law
D. Procedural laws applicable to actions pending at the time of promulgation
E. Liberal construction of procedural rules
F. Rule-making power of the Supreme Court
G. Nature of Philippine Courts
1. Classification of Philippine Courts
2. Principle of Judicial Hierarchy
4. Doctrine of non-interference or judicial stability
II. JURISDICTION
1. Jurisdiction over the plaintiff
2. Jurisdiction over the defendant
1. How jurisdiction is conferred and determined
2. Objections to jurisdiction over the subject matter
3. Effect of estoppel on objections to jurisdiction
4. Error of jurisdiction as distinguished from error of judgment
D. Over the res or property in litigation
E. Classification of Jurisdiction
7. Special Commercial Courts and Cybercrime Courts
9. Inherent powers and means to carry jurisdiction
10. Doctrine of adherence of jurisdiction
G. Small Claims [A.M. No. 08-8-7-SC (Rules on Expedited Procedure)]
H. Rule on Summary Procedure [A.M. No. 08-8-7-SC (Rules on Expedited Procedure)]
III. CIVIL PROCEDURE
1. Personal actions and real actions
2. Actions in rem, in personam and quasi in rem
1. Elements of cause of action
2. Failure to state a cause of action
3. Test of sufficiency of a cause of action
4. Splitting a single cause of action and its effects
5. Joinder and misjoinder of causes of action
E. Parties to Civil Actions (RULE 3)
2. Locus standi
8. Compulsory and permissive joinder of parties
9. Misjoinder and non-joinder of parties
10. Class suit
11. Suits against entities without juridical personality
12. Effect of death of party-litigant
4. Venue of actions against non-residents
5. When the rules on venue do not apply
G. Pleadings
1. Kinds of pleadings (RULE 6)
a. Complaint
b. Answer
c. Defenses (Negative defenses, Affirmative defenses, negative pregnant)
e. Cross-claims
f. Reply
g. Third (fourth, etc.) party complaints
2. Parts and Contents of a Pleading (RULE 7)
3. Allegations in a Pleading (RULE 8)
a. Manner of making allegations
b. Ultimate facts including the evidence
c. Alternative causes of action or defenses
g. Pleading a judgment or decision
h. Pleading an actionable document
j. Affirmative defenses in relation to Sec. 5(b), Rule 6 and Sec. 12, Rule 8
4. Effect of Failure to Plead and Default (RULE 9)
5. Amended and Supplemental Pleadings (RULE 10)
a. Amendment as a matter of right
b. Amendments by leave of court
f. No amendments necessary to conform to or authorize presentation of evidence
6. Filing of responsive pleadings (RULE 11)
7. Bill of particulars (RULE 12)
a. Purpose and when applied for
c. Compliance with the order and effect of non-compliance
8. Filing and service of pleadings (RULE 13)
a. Periods of filing pleadings
c. Papers required to be filed
d. Modes of service of pleadings
1. Issuance of summons and its contents
3. Validity of summons and issuance of alias summons
4. Nature and purpose of summons in relation to actions in personam, in rem, and quasi-in rem
6. Service in person of defendant
8. Service upon
a. Entity without juridical personality
b. Prisoners
e. Spouses (relate to Sec. 4, Rule 3)
f. Domestic Private Juridical Entity
g. Foreign Private Juridical Entity
i. Defendant whose identity or whereabouts unknown
j. Residents temporarily out of the Philippines
10. Extraterritorial service, when allowed
12. Return
J. Dismissal of Actions (RULE 17)
1. Dismissal upon notice by plaintiff; two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to fault of plaintiff
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effects of failure to file
7. Distinction between pre-trial in civil cases and in criminal cases
8. Court Annexed Mediation (CAM)
9. Judicial Dispute Resolution (JDR)
M. Calendar of Cases (RULE 20)
1. Depositions pending action (RULE 23)
2. Depositions before action or pending appeal (RULE 24)
3. Interrogatories to parties (RULE 25)
4. Admission by adverse party (RULE 26)
5. Production or inspection of documents or things (RULE 27)
6. Physical and mental examination of persons (RULE 28)
7. Consequences of refusal to comply with modes of discovery (RULE 29)
2. Adjournments and postponements
Q. Consolidation or Severance of Trial (RULE 31)
R. Demurrer to Evidence (RULE 33)
1. Effect of denial or grant of demurrer
2. Denial of demurrer not subject to appeal or petition for certiorari
3. Effect of reversal of demurrer on appeal; Waiver of right to present evidence
4. Demurrer to evidence in civil cases vs. demurrer to evidence in criminal cases
S. Judgment on the Pleadings (RULE 34)
T. Summary Judgments (RULE 35)
1. Motion for new trial (RULE 37)
2. Motion for reconsideration (RULE 37)
a. Remedy when motion for new trial or reconsideration is denied
3. Appeal
a. Judgments and Final Orders appealable
g. Appeal from judgments of Municipal Trial Courts to RTC (RULE 40)
h. Appeal from judgments of Regional Trial Courts (RULE 41)
i. Petition for Review to the Court of Appeals (RULE 42)
j. Review of final orders of quasi-judicial bodies (RULE 43)
k. Appeal by certiorari to the Supreme Court (RULE 45)
l. Review of COA & COMELEC (Rule 64)
4. Petition for Relief from Judgment (Rule 38)
5. Annulment of Judgment (Rule 47)
6. Collateral Attack on Judgments
V. Execution, Satisfaction, and Effect of Judgments (RULE 39)
1. Difference: finality of judgment for appeal vs. for execution
a. By motion or independent action
b. Execution of judgments for money
c. Execution of judgments for specific acts
d. Execution of special judgments
e. Requisites before demolition order is issued
f. Effect of levy on third persons
4. Properties exempt from execution
5. Proceedings where property is claimed by third persons
6. Effect of judgment or final orders
8. Enforcement and effect of foreign judgments or final orders
IV. PROVISIONAL REMEDIES
B. Preliminary Attachment (RULE 57)
4. Requisites; issuance and contents of order of attachment; affidavit and bond
C. Preliminary Injunction (RULE 58)
2. Requisites of preliminary injunction, temporary restraining order
4. Grounds for issuance of preliminary injunction
E. Support Pendente Lite (RULE 61)
V. SPECIAL CIVIL ACTIONS
A. Ordinary Civil Actions and Special Civil Actions
C. Declaratory Reliefs and Similar Remedies (RULE 63)
D. Certiorari, Prohibition, and Mandamus (RULE 65)
1. Requisites, when and where to file
2. Effects of filing of an unmeritorious petition
2. When plaintiff can immediately enter (R.A. 10752)
3. Ascertainment of just compensation
G. Foreclosure of Real Estate Mortgage (RULE 68)
2. Extrajudicial foreclosure (Act 3135)
I. Forcible Entry and Unlawful Detainer (RULE 70)
2. How contempt proceedings commenced
4. Penalties and remedies vs. direct/indirect contempt
5. Contempt against quasi-judicial bodies
CRIMINAL PROCEDURE
A. General Matters
2. Jurisdiction over subject matter and jurisdiction over person of the accused
3. When injunction may be issued to restrain criminal prosecution
B. Prosecution of Offenses (RULE 110)
1. Criminal actions, how instituted
2. Effect of the institution of the criminal action on the prescriptive period
3. Who may prosecute; crimes that cannot be prosecuted de officio
4. Intervention of private offended party
6. Complaint and Information; sufficiency
7. Date of commission of the offense
8. Designation of offense; qualifying and aggravating circumstances
9. Name of the accused; name of the offended party
10. Amendment and Substitution of complaint or information
C. Prosecution of Civil Action (RULE 111)
1. Implied institution of civil action with criminal action
3. No reservation of civil action in B.P. Blg. 22
4. Effect of death of the accused on civil action
6. Effect of acquittal or extinguishment of criminal action on the civil liability
D. Preliminary Investigation (RULE 112)
2. Determination of existence of probable cause
3. Resolution of investigating prosecutor
4. Non-interference of the court in finding probable cause by prosecutor; exceptions
5. Right to bail pending preliminary investigation
7. Effect of absence of preliminary investigation
2. Requisites for the issuance of a warrant of arrest
3. Arrest without warrant, when lawful
5. Rules on the Use of Body-Worn Cameras in the Execution of Warrants [A.M. No. 21-06-08-SC]
6. Waiver of objection on the irregularity of arrest
1. When a matter of right; exceptions
2. When a matter of discretion
3. Where filed
4. Application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail-negating circumstances
G. Rights of the Accused (RULE 115)
1. Rights of accused at the trial
2. Rights of the persons under custodial investigation
H. Arraignment and Plea (RULE 116)
1. Purpose
2. Plea of guilty to a lesser offense
3. Plea of guilty to capital offense
4. Plea of guilty to a non-capital offense
1. Grounds
2. Non-appearance at pre-trial conference
4. Cases for mediation on the civil liability
2. Remedy when accused is not brought to trial within the prescribed period
3. Conditional examination of witness for the prosecution/defense
4. Requisites for discharge of accused as state witness
6. Reopening of the proceedings
1. Requisites of a valid judgment
2. Rule if accused fails to appear at the promulgation of judgment
3. Promulgation of judgment; instances of promulgation of judgment in absentia
M. New Trial or Reconsideration (RULE 121)
O. Search and Seizure (RULE 126)
2. Requisites for the issuance of search warrant
3. Probable cause in search warrant
5. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
d. Check points
g. Plain view
h. Stop and frisk (Terry searches)
6. Search of a Government-Controlled Detention Facility
7. Effect of an Illegal Search and Seizure
9. Rule on Cybercrime Warrants [A.M. No. 17-11-03-SC]
10. Rules on the Use of Body-Worn Cameras in the Execution of Warrants [A.M. No. 21-06-08-SC]
P. Provisional Remedies in Criminal Cases (RULE 127)
SPECIAL PROCEEDINGS
A. Settlement of Estate of Deceased Persons
1. Venue and Jurisdiction (Rule 73)
3. Judicial
a. Summary settlement of estate of small value (Rule 74)
b. Intestate - Petition for letters of Administration (Rule 78)
c. Testate
i. Petition for Allowance of Will and Letters Testamentary (Rules 75-79)
ii. Petition for Allowance of Will and for Letters of Administration with Will Annexed (Rules 75-79)
iii. Production and Probate of Will (Rule 75)
iv. Allowance or Disallowance of Will (Rule 76)
v. Letters of Testamentary and of Administration (Rule 78)
d. Claims against the Estate (Rule 86)
e. Payment of Debts of the Estate (Rule 88)
f. Distribution and Partition (Rule 90)
C. Writ of Habeas Corpus (Rule 102)
D. Writ of Habeas Corpus in Relation to Custody of Minors [A.M. No. 03-04-04-SC]
E. Writ of Amparo [A.M. No. 07-9-12-SC]
F. Writ of Habeas Data [A.M. No. 08-1-16-SC]
H. Cancellation or Correction of Entries (Rule 108)
I. Clerical Error Act and its Implementing Rules [R.A. No. 9048, as amended by R.A. No. 10172]
J. Rules of Procedure for Environmental Cases [A.M. No. 09-6-8-SC]
1. Temporary Environmental Protection Order (TEPO)
2. Writ of Continuing Mandamus
EVIDENCE
A. General Provisions and Principles (RULE 128)
2. Scope of the Rules on Evidence
4. Factum probans vs. factum probandum
B. Liberal construction of the Rules on Evidence
C. Judicial Notice and Judicial Admissions (RULE 129)
1. What need not be proved; matters of judicial notice
D. Admissibility of Evidence (RULE 130)
1. Requisites for admissibility of evidence
2. Relevance of evidence and collateral matters
6. Direct and circumstantial evidence
7. Positive and negative evidence
8. Competent and credible evidence
E. Weight and Sufficiency of Evidence (RULE 133)
1. Proof beyond reasonable doubt
4. Clear and convincing evidence
F. Object (real) Evidence (RULE 130)
1. Requisites for admissibility
2. Categories of object evidence
4. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
G. Documentary Evidence (RULE 130)
H. Testimonial Evidence (RULE 130)
1. Qualifications of a witness
2. Competency and credibility of a witness
3. Disqualifications of witnesses
b. By reason of privileged communications
a. Parental and filial privilege
b. Privilege relating to trade secrets
a. Rights and obligations of a witness
b. Judicial Affidavit Rule [A.M. No. 12-8-8-SC]
e. Admission by a co-partner or agent
i. Confession
7. Hearsay Rule
a. Hearsay distinguished from lack of firsthand knowledge
b. Reason for exclusion of hearsay evidence
c. Exceptions to the hearsay rule
ii. Statement of decedent or person of unsound mind
iii. Declaration against interest
iv. Act or declaration about pedigree
v. Family reputation or tradition regarding pedigree
viii. Records of regularly conducted business activity
ix. Entries in official records
x. Commercial lists and the like
xi. Learned treaties
xii. Testimony or deposition at a former proceeding
xiii. Residual exception
8. Opinion rule
b. Opinion of ordinary witness
b. Civil cases
c. In criminal and civil cases
10. Rule on Examination of a Child Witness [A.M. No. 004-07-SC]
I. Burden of Proof and Burden of Evidence (RULE 131)
K. Offer and Objection (RULE 132)
3. Objection
4. Tender of excluded evidence
LEGAL ETHICS
a. Definition
b. A mere privilege and not a right
c. Law as a profession not a business or trade
2. Supervision and Control of the Legal Profession
a. Requirements for Admission to Legal Practice Legal Education
i. Pre-Law
ii. Law Proper
iii. R.A. No. 7662 (Legal Education Reform Act)
b. Citizenship
ii. R.A. No. 9225 (Dual Citizenship Act)
c. Good Moral Character as a Prerequisite to Bar Admission
e. The Revised Lawyer’s Oath, as promulgated by the Supreme Court last 11 April 2023
3. Continuing Requirements for Membership in the Bar
4. Authorized representation by non-Lawyers
a. Law Student Practice Rule [as amended by A.M. No. 19-03-24-SC]
b. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies or Arbitration Tribunals
i. Act No. 2259 (Cadastral Act)
ii. Labor Code
iii. Department of Agrarian Reform Adjudication Board (DARAB)
iv. Local Government Code [R.A. No. 7160]
v. Rules of Procedure for Small Claims Cases [A.M. No. 08-8-7-SC]
vi. R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004)
c. Proceedings where Lawyers are Prohibited to Appear as Counsels
i. R.A. No. 7160 (Local Government Code)
ii. Rules of Procedure for Small Claims [A.M. No. 08-8-7-SC]
5. Public Officials Prohibited to Engage in the Private Practice of Law
a. President, Vice-President, Members of the Cabinet, their deputies and assistants [1987 Constitution]
b. Senators and Members of the House of Representatives [1987 Constitution]
c. Members of the Constitutional Commissions [1987 Constitution]
d. Ombudsman and their deputies [1987 Constitution]
e. Judges and court employees of superior courts
f. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90[a])
g. All other government officials and employees (Section 7(b)(2), R.A. No. 6713)
6. Lawyers with Limitations to their Legal Practice
a. Members of Congress who are lawyers
b. Vice Governor, Vice-Mayor, members of the local sanggunian [R.A. No. 7160]
c. Government lawyers authorized to engage in limited law practice
d. Retired Judges and Justices [R.A. No. 910, as amended]
e. The rules on Small Claims and Katarungang Pambarangay
f. Former government lawyers cannot engage in the private practice of law within one year
8. Unauthorized Practice of Law
a. Penalties for such unauthorized practice
a. The overall intent for Filipino lawyers to be “lawyers possessed of integrity.”
LEGAL ETHICS: CANON I. Independence
A. Concept of Lawyer’s Independence
B. Duty to Make Independent, Accessible, Efficient and Effective Legal Service
C. Duty to Lead a Merit-based Legal Practice
D. Duty to be Freedom from Improper Considerations and External Influences
E. Duty not to Allow Interference in any Matter Before a Court or Tribunal
F. Lawyer’s Duty and Discretion in Procedure and Strategy
LEGAL ETHICS: CANON II. Propriety
A. Concept of Lawyer’s Propriety
B. Duty to Act with Propriety in Personal and Professional Dealings
C. Prohibition Against False Representations or Statements; Duty to Correct and Report
E. Duty to Disclose Relationship or Connection
F. Duty to Respect Another Lawyer’s Engagement
H. Duty of Lawyers in Government Service
J. Duty of Lawyers in the Academe
K. Duty of Lawyers who Supervise Paralegals
L. Responsible Use of Social Media
LEGAL ETHICS: CANON III. Fidelity
A. Concept of Lawyer’s Fidelity
B. The Responsible and Accountable Lawyer
C. Definition of the Lawyer-Client Relationship
D. Authority of Lawyer to Bind Client
E. Authority of Lawyer to Appear
F. Duties as Officers of the Court and in the Administration of Justice
G. Duty to Avoid Laboring Under Conflict of Interest
H. Responsibilities of Law Firms and Legal Clinics; Supervisory and Supervised Lawyers
I. Lawyer’s Duty of Loyalty Regarding Client’s Confidences and Secrets
J. Concept of and Rules on Limited Legal Services
K. Lawyer’s Right to Compensation; Fees and Liens
L. Lawyer’s Duty of Loyalty Regarding Client’s Funds and Properties
M. Termination of Lawyer’s Engagement
LEGAL ETHICS: CANON IV. Competence and Diligence
A. Duty to Provide Competent, Efficient and Conscientious Legal Services
B. Specific Duties Owed Relating to Competence
1. Punctuality in All Appearances, Punctuality in Delivering Legal Services
3. Giving Case Status Updates, Particularly Milestones
C. Practice of Law Concurrent with another profession
LEGAL ETHICS: CANON V. Equality
A. Policy of Non-Discrimination
B. Duty to be Mindful and Sensitive in Providing Affirmative Action in Favor of Vulnerable Persons
LEGAL ETHICS: CANON VI. Accountability
A. Nature of Disciplinary Proceedings Against Lawyers
2. Proceedings against a government lawyer
3. Proceedings against members of the judiciary
5. Quantum and burden of proof
6. Executory nature of the decision or resolution
7. Sworn statement after service of suspension
9. Prohibition against employment of disbarred or suspended lawyer
B. General Provisions of the Code of Professional Responsibility and Accountability
1. The Repealing and Effectivity Clause
C. The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC]
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions that may be imposed
8. 2020 Interim Rules on Remote Notarization of Paper Documents
JUDICIAL ETHICS
A. Sources
1. New Code of Judicial Conduct in the Philippine Judiciary [A.M. No. 03-05-01-SC]
a. The Bangalore Draft and the Bangalore Agreement
b. Role of the Judicial and Bar Council in Judicial Appointments
B. Qualities of a Judge or Justice [2004 New Code of Judicial Conduct]
a. Conditions for Judges/Justices to engage in business (Rule 5.02, Canon 5)
b. Conditions for Judges to Teach (A.M. No. 13-05-05-SC)
6. Canon 6: Competence and Diligence
a. Revised Rules of Court, Rule 140 as amended by A.M. No. 01-8-14-SC
C. Disqualification of Judicial Officers
1. Compulsory vs. Voluntary Disqualification
D. Judicial Discipline and Clemency
1. Cf. P.D. 828, as amended by P.D. 842
2. Impeachment of Supreme Court Justices
3. Discipline of Erring Appellate Justices and Lower Court Judges
a. Procedure for the Discipline of Erring Judges/Justices
i. Cf. Administrative Matter No. 02-9-02-SC
c. Grounds for Judicial Clemency
PRACTICAL EXERCISES
A. Promissory Notes or Simple Loan Agreements
C. Sale Documents of Either Real or Personal Properties
E. Special Power of Attorney to Sell a Realty or Appear in Pre-trial
F. Verification and Certification Against Forum Shopping
G. Preliminary Statements and Attestations in Judicial Affidavits
H. Judicial Affidavits in Criminal Cases
1. Jurat
J. Motions
1. To Dismiss
2. To Declare Defendant in Default
L. Information in Criminal Cases
STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027
A. Challenges