Subjects Breakdown
Subject 1
SYLLABUS FOR THE 2026 BAR EXAMINATIONS POLITICAL AND PUBLIC INTERNATIONAL LAW (15%)
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SYLLABUS FOR THE 2026 BAR EXAMINATIONS COMMERCIAL AND TAXATION LAWS (20%)
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SYLLABUS FOR THE 2026 BAR EXAMINATIONS CIVIL LAW AND LAND TITLES AND DEEDS (20%)
Open Syllabus Subject →Complete Master Table of Contents
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- I. BASIC CONCEPTS
- II. NATIONAL TERRITORY
- III. CITIZENSHIP
- IV. LEGISLATIVE DEPARTMENT
- A. Legislative Power
- 1. Scope and Limitations
- 2. Principle of Non-delegability; Exceptions
- 3. Initiative and Referendum
- 4. Legislative Inquiries and Oversight Functions
- 5. Power of Impeachment
- 6. Limitations on Legislative Power
- 7. Limitations on Revenue, Appropriations, and Tariff
- 8. Presidential Veto and Congressional Override
- 9. Appropriation and Realignment
- B. Chambers of Congress; Composition; Qualifications
- C. Declaration of the Existence of a State of War
- D. Legislative Privileges, Inhibitions, and Disqualifications
- E. Quorum and Voting Majorities
- F. Discipline of Members
- G. Lawmaking Process
- H. Commission on Appointments V. EXECUTIVE DEPARTMENT
- A. Qualifications, Election, and Term of the President and Vice-President
- B. Privileges, Inhibitions, and Disqualifications
- C. Powers of the President
- D. Rules of Succession
- A. Legislative Power
- VI. JUDICIAL DEPARTMENT
- VII. CONSTITUTIONAL COMMISSIONS
- VIII. CONSTITUTIONAL RIGHTS
- A. Due Process
- B. Equal Protection
- C. Arrests, Searches, and Seizures
- D. Privacy of Communications and Correspondence
- E. Freedom of Speech and Expression
- F. Freedom of Religion
- G. Liberty of Abode and Right to Travel
- H. Right to Information
- I. Right to Association
- J. Non-impairment of Contracts
- K. Free Access to Courts and Adequate Legal Assistance
- L. Custodial Investigation
- M. Rights of the Accused
- N. Right to Speedy Trial and Speedy Disposition of Cases
- O. Right Against Self-incrimination
- P. Right Against Double Jeopardy
- Q. Right Against Involuntary Servitude
- R. Right Against Excessive Fines, and Cruel and Inhuman Punishments
- S. Non-imprisonment for Debts
- T. Ex Post Facto Laws and Bills of Attainder
- U. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo V. Social Justice and Human Rights
- W. Economic, Social, and Cultural Rights
- X. Academic Freedom
- IX. NATIONAL ECONOMY AND PATRIMONY
- A. Regalian Doctrine – Republic v. Pasig Rizal Co. Inc., G.R. No. 213207, February 15, 2022; all Opinions
- B. Public Trust Doctrine – R.A. No. 11659 (New Public Service Act)
- C. Nationality and Citizenship Requirement Provisions
- D. Exploration, Development, and Utilization of Natural Resources
- E. Acquisition, Ownership, and Transfer of Public and Private Lands
- F. Ancestral Domain – R.A. No. 8371, Chapters I-III
- X. ADMINISTRATIVE LAW
- XI. 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. Immunity of Public Officers
- I. De Facto and De Jure Officers
- J. Termination of Official Relation
- K. The Civil Service
- L. Accountability of Public Officers
- XII. ELECTION LAW
- A. Suffrage
- B. Candidacy
- 1. Qualifications and Disqualifications of Candidates
- 2. Filing of Certificates of Candidacy
- 3. Ministerial Duty of COMELEC to Receive Certificates of Candidacy
- 4. Eligibility and Material Misrepresentation
- 5. Withdrawal of Certificates of Candidacy
- 6. Effects of Denial and Cancellation of Certificate of Candidacy due to Material Misrepresentation
- 7. Substitution of Candidates
- 8. Nuisance Candidates and Effects of Declaration of Nuisance Candidacy
- 9. Disqualification of Candidates; Effects
- C. Campaign
- D. Remedies and Jurisdiction
- E. Electoral Tribunals
- F. Prosecution of Election Offenses (Exclude: Penal Provisions)
- XIII. LOCAL GOVERNMENTS
- XIV. PUBLIC INTERNATIONAL LAW
- A. Sources of International Law
- B. Sources of International Legal Obligation
- C. Subjects of International Law
- D. Relationship Between International and Domestic Law
- E. Jurisdiction of States
- F. General Principles of Treaty Law
- G. Doctrine of State Responsibility
- H. Treatment of Aliens
- I. International Human Rights Law
- J. International Humanitarian Law
- K. Dispute Resolution
- L. Law of the Sea
- M. International Environmental Law
-
- I. BUSINESS ORGANIZATIONS
- A. Corporations – R.A. No. 11232
- 1. Definition of Corporation
- 2. Classes of Corporations
- 3. Nationality of Corporations
- 4. Juridical Personality
- 5. Capital Structure
- 6. Incorporation and Organization
- a. Promoters
- b. Subscription Contract
- c. Pre-incorporation Subscription Agreements
- d. Consideration for Stocks
- e. Articles of Incorporation
- f. Classification of Shares
- g. Corporate Name and Limitations on its Use
- h. Registration, Incorporation, and Commencement of Corporate Existence
- j. Effects of Non-use of Corporate Charter
- 7. Corporate Powers
- 8. Stockholders and Members
- 9. Directors and Trustees
- a. Repository of Corporate Powers
- b. Tenure, Qualifications, and Disqualifications
- c. Independent Directors
- d. Election, Removal, and Filling of Vacancies
- e. Compensation
- f. Disloyalty
- g. Business Judgment Rule
- h. Liabilities and Responsibilities
- j. Directors Self-dealing with the Corporation
- k. Dealings between Corporations with Interlocking Directors
- 10. Capital Affairs
- 11. Merger, Consolidation, and Acquisition – relate to R.A. No. 10667
- 12. Corporate Dissolution and Liquidation
- 13. Foreign Corporations
- 14. Special Corporations
- B. Partnerships
- A. Corporations – R.A. No. 11232
- II. INSURANCE Presidential Decree [P.D.] No. 612, as amended by R.A. No. 10607
- III. TRANSPORTATION
- IV. BANKING
- A. Secrecy of Bank Deposits – R.A. No. 1405 and R.A. No. 6426, as amended
- B. General Banking Law – R.A. No. 8791
- C. Deposit Insurance – R.A. No. 3591, as amended by R.A. No. 11840
- D. Anti-Money Laundering – R.A. No. 9160, as amended by R.A. No. 9194, R.A. No. 10167, R.A. No. 10365, R.A. No. 10927, and R.A. No.11521
- E. The Central Bank – R.A. No. 7653, as amended by R.A. No. 11211
- A. Patents
- B. Trademarks
- C. Copyright
- VI. SPECIAL COMMERCIAL LAWS
- A. R.A. No. 10142 (Financial Rehabilitation and Insolvency Act)
- B. R.A. No. 8792 (Electronic Commerce Act)
- C. Commonwealth Act No. 146, as amended by R.A. No. 11659 (Public Service Act)
- 1. Critical Infrastructure – R.A. No. 11659, Sec. 2(e)
- 2. Foreign State-owned Enterprise – R.A. No. 11659, Sec. 2(g)
- 3. Public Service as Public Utility – R.A. No. 11659, Sec. 4
- 4. Unlawful Acts – R.A. No. 11659, Sec. 9
- 5. Suspensive and Prohibitory Powers of the President – R.A. No. 11659, Sec. 23
- 6. Investments by an Entity Controlled by or Acting on Behalf of a Foreign Government, or Foreign State-Owned Enterprises – R.A. No. 11659, Sec. 24
- 7. Reciprocity Clause – R.A. No. 11659, Sec. 25
- D. R.A. No. 10667 (Philippine Competition Act)
- VIII. TAXATION LAW
- A. General Principles
- 1. Concept and Definition of Taxation
- 2. Inherent and Constitutional Limitations of Taxation
- 3. Requisites of a Valid Tax
- 4. Lifeblood Doctrine; Manifestations; Prohibition on Compensation and Set-off, Impact, and Effect
- 5. Authority of Congress, Secretary of Finance, and Commissioner of Internal Revenue (CIR)
- 6. Construction and Interpretation of Tax Laws, Rules, and Regulations
- 7. Double Taxation
- 8. Escape from Taxation
- 9. Tax Exemption
- 10. Compromise and Tax Amnesty
- 11. Taxpayer’s Suit: Rationale and Requisites
- B. National Taxation – National Internal Revenue Code of 1997 [NIRC], as amended
- 1. Jurisdiction, Powers, and Functions of the Bureau of Internal Revenue
- 2. Income Tax
- a. Nature and General Principles
- b. Income
- 3. Value-Added Tax (VAT )
- 4. Estate Tax (Basic Principles and Concepts only)
- 5. Donor’s Tax (Basic Principles and Concepts only)
- 6. Tax Remedies under the NIRC
- a. General Concepts
- b. Civil Penalties
- c. Assessment Process
- d. Collection Process
- e. Taxpayers’ Remedies
- f. Government Remedies
- C. Local Taxation – R.A. No. 7160
- 1. General Principles – Secs. 130 and 132
- 2. Common Limitations on the Taxing Powers of Local Government Units – Sec. 133
- 3. Validity of Local Tax Ordinance – Sec. 187
- 4. Assessment and Collection of Local Taxes – Sec. 194
- 5. Taxpayers’ Remedies
- 6. Local Taxes
- a. Professional Tax – Sec. 139
- b. Local Business Tax – Secs. 143, 145, and 146
- c. Community Tax – Secs. 157-160
- d. Real Property Taxation (Book II, Title II)
- D. Judicial Remedies
- A. General Principles
- I. BUSINESS ORGANIZATIONS
-
- I. EFFECT AND APPLICATION OF LAWS
- A. When Laws Take Effect – NCC, Art. 2
- B. Ignorance of the Law – NCC, Art. 3
- C. Retroactivity of Laws – NCC, Art. 4
- D. Mandatory and Prohibitory Laws – NCC, Art. 5
- E. Waiver – NCC, Art. 6
- F. Repeal and Nullification of Laws – NCC, Art. 7
- G. Judicial Decisions – NCC, Art. 8
- H. Legal Periods – NCC, Art. 13; Revised Administrative Code of 1987, Book I, Chapter VIII, Sec. 31
- I. Territoriality of Penal Laws – NCC, Art. 14
- J. Conflict of Laws – NCC, Arts. 15-18
- II. PERSONS
- III. FAMILY RELATIONS Family Code of the Philippines (FC) – Executive Order No. 209, as amended
- A. Marriage – FC, Articles 1-148; 1987 Constitution, Art. II, Sec. 12 and Art. XV
- B. Family Relations
- IV. CIVIL REGISTER
- A. Required Entries – NCC, Arts. 407-408
- B. Correction of Entries
- A. Property
- B. Ownership
- C. Modes of Acquiring Ownership
- VI. LAND TITLES AND DEEDS P.D. No. 1529, as amended
- A. Torrens System
- B. Regalian Doctrine
- C. Nationality Restrictions on Land Ownership
- D. Original Registration
- E. Confirmation of Imperfect Title – R.A. No. 11573
- F. Certificate of Title
- G. Subsequent Registration
- H. Non-registrable Properties
- I. Dealings with Unregistered Lands
- J. Assurance Fund
- K. Reconstitution of Title – R.A. No. 26
- VII. SUCCESSION
- VIII. OBLIGATIONS AND CONTRACTS
- IX. SPECIAL CONTRACTS
- A. Sale
- B. Lease
- C. Agency
- D. Credit Transactions
- X. QUASI-CONTRACTS
- XI. TORTS AND QUASI-DELICTS
- XII. DAMAGES
- I. EFFECT AND APPLICATION OF LAWS
-
- I. BASIC PRINCIPLES AND CONCEPTS
- A. Legal Basis
- B. State Labor Policies
- 1. Labor as Primary Social Economic Force – 1987 Constitution, Art. II, Sec. 18
- 2. Full Protection to Labor – 1987 Constitution, Art. XIII, Sec. 3
- 3. Security of Tenure – 1987 Constitution, Art. XIII, Sec. 3
- 4. Social Justice – 1987 Constitution, Art. II, Sec. 10; LC, Art. 218
- 5. Equal Work Opportunities – 1987 Constitution, Art. XIII, Sec. 3; LC, Art. 3
- 6. Right to Self-organization and Collective Bargaining – 1987 Constitution, Art. XIII, Sec. 3; LC, Arts. 3 and 253
- 7. Construction of Labor and Social Legislation – LC, Art. 4; NCC, Art. 1702
- II. RECRUITMENT AND PLACEMENT
- A. Definition of Recruitment and Placement
- B. Local Employment – LC, Title I
- C. Overseas Employment – R.A. No. 8042, as amended
- 1. Regulatory Authorities
- 2. Parties
- a. Migrant Worker or Overseas Filipino Worker
- b. Private Employers or Employment and Recruitment Agents
- D. Regulation of Recruitment and Placement Activities
- III. EMPLOYMENT RELATIONSHIP
- A. Employer–Employee Relationship
- B. Contracting – LC; D.O. No. 174,
- 1. Trilateral Relationship; Requirements for Independent Contractor
- 2. Permissible Contracting or Subcontracting; Not Covered
- 3. Rights of Contractor’s or Subcontractor’s Employees
- 4. Effect of Termination of Employment
- 5. Labor-only Contracting
- 6. Registration of Contractor
- 7. Other Prohibitions
- 8. Solidary Liability
- 9. Retaliatory Measures
- 10. Applicability/Non–applicability
- C. Kinds of Employment
- IV. LABOR STANDARDS
- A. Conditions of Employment
- B. Wages – LC and its Implementing Rules and Regulations (IRR); R.A. No. 6727, R.A. No. 9504; R.A. No. 9178
- C. Leaves
- D. Telecommuting – R.A. No. 11165
- E. Working Conditions for Special Workers
- F. Working Conditions for Special Groups of Employees
- 1. Women Workers – R.A. No. 7192; R.A. No. 7877; R.A. No. 9710; R.A. No. 10028
- 2. Minors
- a. R.A. No. 7610, as amended
- b. Department Circular No. 2,
- s. 2017 (Guidelines on the Issuance of Work Permit for Children Below 15 years of Age Engaged in Public Entertainment or Information), as amended by Department Circular No. 2,
- s. 2018
- c. DOLE Department Advisory No. 01,
- s. 2008
- d. D.O. No. 149,
- s. 2016; D.O. No. 149-A,
- s. 2017
- 3. Night Workers – R.A. No. 10151
- 4. Kasambahay – R.A. No. 10361
- 5. Homeworkers
- G. Sexual Harassment in the Work Environment – R.A. No. 7877; R.A. No. 11313 (Safe Spaces Act), Art. IV
- H. Management Prerogative
- A. Right to Self-organization
- B. Bargaining Unit
- C. Bargaining Representative
- D. Bystander Rule
- E. Rights, Terms, and Conditions of Membership
- 1. Admission and Discipline of Members
- 2. Election of Officers: Qualifications, Manner of Election, Tenure and Compensation
- 3. Major Policy Matter
- 4. Union Funds
- 5. Payment of Attorney’s Fees
- 6. Check-off, Assessment, and Agency Fees
- 7. Mandatory Activity
- 8. Union Information
- 9. Enforcement and Remedies; Procedure, Jurisdiction, and Sanctions
- 10. Collective Bargaining
- F. Union Chartering or Registration
- G. Unfair Labor Practice
- H. Peaceful Concerted Activities – see also R.A. No. 6727
- VI. SUSPENSION AND TERMINATION OF EMPLOYMENT
- A. Termination or Suspension by Employer
- B. Termination by employee
- C. Illegal Dismissal
- D. Retirement – R.A. No. 7641 and its IRR; Labor Advisory on Retirement Pay, as amended by R.A. No. 8558; R.A. No. 10757
- VII. SOCIAL LEGISLATION
- A. Social Security – R.A. No. 11199
- B. Government Service Insurance – R.A. No. 8291
- C. Limited Portability Scheme – R.A. No. 7699
- D. Disability and Death Benefits
- 1. In General – LC, Art. 198
- 2. Seafarers’ Disability Claims – 2010 POEA-SEC; R.A. No. 12021 (Magna Carta of Filipino Seafarers), Secs. 22, 28-29, 32, 57, and its IRR
- 3. Supplemental Guidelines on the Implementation of the Mental Health Policy and Program in the Workplace, Labor Advisory No. 19, September 15, 2023
- VIII. LABOR ADJUDICATION: JURISDICTION & REMEDIES
- A. Labor Adjudication Agencies and their Jurisdiction
- 1. National Labor Relations Commission (NLRC)
- 2. DOLE
- 3. Court of Appeals
- 4. Supreme Court
- B. Procedure and Remedies
- A. Labor Adjudication Agencies and their Jurisdiction
- I. BASIC PRINCIPLES AND CONCEPTS
-
- I. FUNDAMENTAL PRINCIPLES
- II. FELONIES AND CRIMINAL LIABILITY RPC Book 1 and Related Laws
- A. Felonies
- B. Criminal Liability
- 1. Actus Reus and Mens Rea
- 2. Criminal Causation
- 3. Aberratio Ictus, Error In Personae, and Praeter Intentionem
- 4. Impossible Crime
- 5. Duty of Courts when Act is Non-punishable or Penalty is Excessive
- 6. Participation in Acts Giving Rise to Criminal Liability
- 7. Circumstances Affecting Criminal Liability
- 8. Effect of Repeat Commission of Crimes
- 9. Criminal Liability of Minors – R.A. No. 9344, as amended
- C. Penalties
- D. Extinction of Criminal Liability
- E. Civil Liability Ex Delicto
- III. CRIMES AND THEIR PENALTIES RPC Book 2 and Related Special Laws
- A. Title One – Crimes against National Security and the Law 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. Dangerous Drugs Crimes – R.A. No. 9165, as amended by R.A. No. 10640 and its IRR; A.M. No. 18-03-16-SC
- F. Title Six – Crimes against Public Morals
- G. Title Seven – Crimes Committed by Public Officers
- H. Title Eight – Crimes against Persons
- 1. Human Trafficking – R.A. No. 9208, as amended
- 2. Violence Against Women and their Children (VAWC) – R.A. No. 9262
- 3. Abuse of Children – R.A. No. 7610, as amended
- a. Attempt to Commit Child Prostitution – Sec. 6
- b. Child Prostitution and Other Sexual Abuse – Sec. 5
- c. Attempt to Commit Child Trafficking – Sec. 8
- d. Child Trafficking – Sec. 7
- e. Obscene Publication and Indecent Shows – Sec. 9
- f. Child Labor – Sec. 12
- g. Child Pornography – R.A. No. 11930, in relation to R.A. No. 10175, Sec. 4(c)(2)
- h. Child Marriage – R.A. No. 11596
- 4. Rape, Sexual Exploitation, and Sexual Abuse – R.A. No. 11648
- 5. Sexual Harassment – R.A. No. 11313, Secs. 3-7, 11-12, and 14
- 6. Hazing – R.A. No. 8049, as amended by R.A. No. 11053
- I. Title Nine – Crimes against Personal Liberty and Security
- J. Title Ten – Crimes against Property
- 1. Fencing – P.D. No. 1612
- 2. Cattle Rustling – P.D. No. 533
- 3. Arson – P.D. No. 1613
- 4. Carnapping – R.A. No. 10883; R.A. No. 11235
- 5. Issuance of Bouncing Checks – B.P. Blg. 22; Administrative Circular [A.C.] No. 12-2000; A.C. No. 13-2001
- 6. Swindling by Syndicate – P.D. No. 1689
- 7. Intellectual Property Piracy – R.A. No. 8792, Sec. 33(b)
- K. Title Eleven – Crimes against Chastity
- L. Title Twelve – Crimes against the Civil Status of Persons
- M. Title Thirteen – Crimes against Honor
- N. Title Fourteen – Quasi-offenses – Morales v. People, G.R. No. 240337, January 2, 2022
-
- I. GENERAL PRINCIPLES
- A. Concept and Nature of Remedial Law
- B. Procedural Laws Applicable to Actions Pending at the Time of Promulgation
- C. Construction of Procedural Rules
- D. Rule-making Power of the Supreme Court
- E. Classification of Philippine Courts
- F. Hierarchy of Courts
- G. Doctrine of Non-interference or Judicial Stability
- II. JURISDICTION
- A. Concept
- B. Subject Matter Jurisdiction
- C. Acquired Jurisdiction
- D. Jurisdiction of Philippine Courts and Tribunals
- 1. Inherent Powers and Means to Carry out Jurisdiction
- 2. Supreme Court
- 3. Court of Appeals
- 4. Sandiganbayan
- 5. Court of Tax Appeals
- 6. Regional Trial Courts
- 7. Family Courts
- 8. Special Commercial Courts and Cybercrime Courts
- 9. Metropolitan and Municipal Trial Courts – R.A. No. 11576
- 10. Lupong Tagapamayapa – R.A. No. 7160, Secs. 408, 409, and 412
- III. CIVIL PROCEDURE Rules of Court, as amended by A.M. No. 19-10-20-SC
- A. Classification of Actions
- B. Cause of Action – Rule 2
- C. Parties to Civil Actions – Rule 3
- D. Venue – Rule 4
- E. Pleadings
- F. Summons – Rule 14
- 1. Issuance; Contents
- 2. Service
- a. By Whom Made
- b. Modes
- i. Personal
- ii. Substituted
- iii. Extraterritorial
- iv. Upon Specific Persons and Entities
- (a) Entity without Juridical Personality
- (b) Prisoners
- (c) Minors and Incompetents
- (d) Spouses (Relate to Rule 3, Sec. 4)
- (e) Domestic Private Juridical Entity
- (f) Foreign Private Juridical Entity
- (g) Public Corporations
- (h) Defendant whose Identity or Whereabouts Unknown
- (i) Residents Temporarily out of the Philippines
- c. Proof; Alias Summons
- d. Return
- 3. V oluntary Appearance
- 4. Duty of Counsel of Record
- G. Motions – Rule 15
- H. Dismissal and Default
- 1. Dismissal upon Notice by Plaintiff; Two-dismissal Rule – Rule 17, Sec. 1
- 2. Dismissal upon Motion by Plaintiff; Effect on Existing Counterclaim – Rule 17, Sec. 2
- 3. Dismissal due to Fault of Plaintiff – Rule 17, Sec. 3
- 4. Dismissal with Prejudice v. Dismissal without Prejudice
- 5. Default – Rule 9, Sec. 3
- I. Pre-trial – Rule 18 and A.M. No. 03-1-09-SC
- J. Intervention – Rule 19
- K. Calendar of Cases – Rule 20
- L. Subpoena – Rule 21
- M. Computation of Time – Rule 22
- N. Modes of Discovery – Rules 23-29
- O. Trial – Rule 30
- P. Consolidation or Severance – Rule 31
- Q. Demurrer to Evidence – Rule 33
- R. Judgments and Final Orders
- S. Post-judgment Remedies
- 1. New Trial – Rule 37
- 2. Reconsideration – Rule 37
- 3. Relief from Judgment – Rule 38
- 4. Annulment of Judgment – Rule 47
- 5. Collateral Attack
- 6. Appeal and Review
- a. Coverage
- b. Periods for Filing
- c. Perfection of Appeal
- d. Issues Cognizable
- e. Modes
- i. Appeal from the Municipal Trial Courts to the Regional Trial Courts – Rule 40
- ii. Appeal from the Regional Trial Courts – Rule 41
- iii. Petition for Review from the Regional Trial Courts to the Court of Appeals – Rule 42
- iv. Appeal from the Court of Tax Appeals and Quasi-Judicial Bodies to the Court of Appeals – Rule 43 v. Appeal by Certiorari to the Supreme Court – Rule 45
- vi. Review of Judgments and Final Orders or Resolutions of the Commission on Audit and Commission on Elections – Rule 64
- T. Execution, Satisfaction, and Effect of Judgments – Rule 39
- 1. Immutability of Final Judgments
- 2. Execution as a Matter of Right and of Discretion
- 3. When Execution shall Issue
- 4. How a Judgment is Executed
- 5. Properties Exempt from Execution
- 6. Proceedings where Property is Claimed by Third Persons
- 7. Effect of Judgment or Final Orders
- 8. Res Judicata
- 9. Enforcement and Effect of Foreign Judgments or Final Orders
- IV. PROVISIONAL REMEDIES
- A. Nature and Purpose
- B. Preliminary Attachment – Rule 57
- C. Preliminary Injunction – Rule 58
- 1. Definitions and Differences: Preliminary Injunction, Temporary Restraining Order, and Status Quo Ante Order
- 2. Requisites
- 3. Kinds
- 4. Grounds for Issuance
- v. Villarin, G.R. Nos. 175727 & 178713, March 6, 2019 and Guerrero Estate Dev’t. Corp.
- GUERRERO ESTATE DEVELOPMENT CORPORATION, PETITIONER, VS. LEVISTE & GUERRERO REALTY CORPORATION AND THE HEIRS OF CONRAD C. LEVISTE, AS REPRESENTED BY LAURO S. LEVISTE II, RESPONDENTS.D E C I S I O N
- GUERRERO ESTATE DEVELOPMENT CORPORATION, PETITIONER, VS. LEVISTE & GUERRERO REALTY CORPORATION AND THE HEIRS OF CONRAD C. LEVISTE, AS REPRESENTED BY LAURO S. LEVISTE II, RESPONDENTS.D E C I S I O N
- v. Leviste & Guerrero Realty Corp., G.R. No. 253428, February 16, 2022 V. SPECIAL CIVIL ACTIONS
- v. Villarin, G.R. Nos. 175727 & 178713, March 6, 2019 and Guerrero Estate Dev’t. Corp.
- D. Receivership – Rule 59
- E. Replevin – Rule 60
- F. Support Pendente Lite – Rule 61
- G. Provisional Deposit – Rule 135, Secs. 5(g) and 6, in relation to Lorenzo Shipping Corp.
- A. Concept
- B. Interpleader – Rule 62
- C. Declaratory Relief and Similar Remedies – Rule 63
- D. Certiorari, Prohibition, and Mandamus – Rule 65
- E. Quo Warranto – Rule 66
- F. Expropriation – Rule 67; R.A. No. 8974, Sec. 4
- G. Foreclosure of Real Estate Mortgage – Rule 68; R.A. No. 8791, Sec. 47
- H. Partition – Rule 69
- I. Forcible Entry and Unlawful Detainer – Rule 70
- J. Contempt – Rule 71
- VI. SPECIAL PROCEEDINGS AND WRITS
- A. Settlement of Estate of Deceased Persons
- 1. Venue and Process – Rule 73
- 2. Extrajudicial – Rule 74, Secs. 1, 4, and 5
- 3. Judicial
- B. Guardianship – Rules 92-97
- C. Habeas Corpus – Rule 102
- D. Habeas Corpus in Relation to Custody of Minors – A.M. No. 03-04-04-SC
- E. Amparo – A.M. No. 07-9-12-SC
- F. Habeas Data – A.M. No. 08-1-16-SC
- G. Change of Name – Rule 103
- H. Cancellation or Correction of Entries in the Civil Registry – Rule 108
- I. Clerical Error Act and its Implementing Rules – R.A. No. 9048, as amended by R.A. No. 10172
- J. Environmental Cases – A.M. No. 09-6-8-SC
- A. Settlement of Estate of Deceased Persons
- VII. CRIMINAL PROCEDURE
- A. Criminal Jurisdiction
- B. Prosecution of Offenses – Rule 110
- 1. Institution of Criminal Actions
- 2. Effect of the Institution of the Criminal Action on the Prescriptive Period
- 3. Who may Prosecute; Crimes that Cannot be Prosecuted De Oficio
- 4. Intervention of Private Offended Party
- 5. Control of Prosecution
- 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
- 11. Duplicity of the Offense
- C. Prosecution of Civil Action – Rule 111
- D. Preliminary Investigation – Rule 112
- E. Arrest – Rule 113
- F. Bail – Rule 114
- G. Rights of Accused – Rule 115
- H. Arraignment and Plea – Rule 116
- I. Motion to Quash – Rule 117
- J. Pre-trial – Rule 118
- K. Trial – Rule 119
- 1. Trial In Absentia
- 2. Remedy when Accused is Not Brought to Trial within the Time Limit
- 3. Conditional Examination of Witness for the Prosecution or Defense
- 4. Requisites for Discharge of Accused as State Witness
- 5. Reopening of the Proceedings
- 6. Revised Guidelines for Continuous Trial of Criminal Cases – A.M. No. 15-06-10-SC
- L. Demurrer to Evidence
- M. Judgment – Rule 120
- N. New Trial or Reconsideration – Rule 121
- O. Appeal – Rule 122
- P. Search and Seizure – Rule 126
- Q. Provisional Remedies in Criminal Cases – Rule 127
- VIII. EVIDENCE
- A. General Provisions and Principles – Rule 128
- B. Liberal Construction of the Rules on Evidence
- C. Judicial Notice – Rule 129, Secs. 1-3
- D. Judicial Admissions – Rule 129, Sec. 4
- E. Admissibility
- F. Weight and Sufficiency – Rule 133
- G. Kinds
- 1. Object or Real Evidence – Rule 130, Part A
- 2. Documentary Evidence – Rule 130, Part B
- 3. Testimonial Evidence – Rule 130, Part C
- 4. Audio, Photographic, and Video Evidence – A.M. No. 01-7-01-SC, Rule 11, Sec. 1
- H. Presentation of Evidence – Rule 132
- I. Burden of Proof and Burden of Evidence – Rule 131, Sec. 1
- J. Presumptions
- K. Rules on the Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters under the 1970 Hague Evidence Convention – A.M. No. 25-02-17-SC
- IX. LEGAL AND JUDICIAL ETHICS
- A. Legal Ethics – Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC
- 1. Practice of Law
- 2. Admission to the Practice of Law
- 3. Continuing Requirements for Membership in the Bar
- 4. Who May Practice Law
- a. Members of the Bar
- b. Non-members of the Bar
- i. Law Students – A.M. No. 19-03-24-SC
- ii. Paralegals – CPRA, Canon II, Secs. 34-35
- iii. Parties and their Agents or Appearance Pro Se
- (a) Cadastral Proceedings – Act No. 2259, Sec. 9
- (b) Labor Cases – LC, Art. 228
- (c) Agrarian Reform Proceedings – R.A. No. 6657, Sec. 50, as amended by R.A. No. 9700, Sec. 18
- (d) Barangay Conciliation – R.A. No. 7160, Sec. 415
- (e) Cases under Expedited Procedure – A.M. No. 08-8-7-SC, Secs. 12 and 22
- (f) Arbitration – R.A. No. 9285, Sec. 22; R.A. No. 876, Sec. 12
- c. Members of the Bar Prohibited from Private Practice
- i. President, Vice-President, Members of the Cabinet, their Deputies and Assistants
- ii. Senators and Members of the House of Representatives
- iii. Members of the Constitutional Commissions
- iv. Ombudsman and their Deputies v. Justices, Judges, and Court Employees
- vi. Governors and Mayors – R.A. No. 7160, Sec. 90(a)
- vii. Government Officials and Employees – R.A. No. 6713, Sec. 7(b)(2) in relation to Office of the President Memorandum Circular No. 17,
- s. 1986 and Rule XVIII, Sec. 12 of the Revised Civil Service Rules
- d. Members of the Bar with Limited Legal Practice
- e. Foreign Lawyers – CPRA, Canon III, Sec. 33
- 5. Privileges of a Lawyer
- 6. Unauthorized Practice of Law
- 7. Duties and Responsibilities of Lawyers – CPRA
- a. General Provisions
- b. Independence – Canon I
- c. Propriety – Canon II
- i. Concept – Introduction
- ii. Proper and Dignified Conduct – Secs. 1 and 2
- iii. Dignified, Gender-fair, Child- and Culturally-sensitive Language – Sec. 4
- iv. Correcting Misrepresentations in Applications for Admission to the Bar – Sec. 11 v. Reporting Dishonest, Deceitful, or Misleading Conduct – Sec. 12
- vi. Disclosure of Relationship or Connection – Sec. 20
- vii. Avoiding Plagiarism and Misrepresentation of Legal Authorities – Sec. 8
- viii. Non-solicitation and Advertisement – Sec. 17
- ix. Sub Judice Rule – Sec. 19
- x. Avoiding Gifts and Donations to Courts and Government Agencies – Sec. 21 xi. Avoiding Abuse of the Right to Sue and of Court Processes – Sec. 23; Canon III, Sec. 7 xii. Avoiding Encroachment or Interference in Another Lawyer’s Engagement – Sec. 24 xiii. Responsible Use of Social Media – Secs. 36-44
- d. Fidelity – Canon III
- i. Concept – Introduction and Sec. 2
- ii. Lawyer-Client Relationship
- iii. Conflict of Interest – Secs. 13-22
- iv. Responsibilities of Solo Practitioners – Canon II, Sec. 25 v. Responsibilities of Law Firms and Legal Clinics – Secs. 10, 11, 20, and 40
- vi. Responsibilities of Government Lawyers and Prosecutors – Canon II, Secs. 28 and 29
- vii. General Duties of Confidentiality – Secs. 31 and 32
- viii. Limited Legal Services – Secs. 35-40
- e. Competence and Diligence – Canon IV
- f. Equality – Canon V
- 8. Discipline and Disbarment of Lawyers – CPRA, Canon VI
- a. Nature of Bar Discipline Proceedings
- b. Institution of Bar Discipline Proceedings – Secs. 2, 3, and 30
- c. Charges and Sanctions – Secs. 33-37
- d. Preventive Suspension – Sec. 31
- e. Quantum and Burden of Proof – Sec. 32
- f. Executory Nature of Decision or Resolution – Sec. 43
- g. Sworn Statement After Service of Suspension – Secs. 45 and 46
- h. Clemency – Secs. 47-51
- 9. Notarial Practice – A.M. No. 02-8-13-SC, as amended
- B. Judicial Ethics
- 1. Sources
- 2. Principles
- a. Independence – NCJC, Canon 1; 1989 CJC, Canon 1
- b. Integrity – NCJC, Canon 2; 1989 CJC, Canon 1, Rules 3.02 to 3.05
- c. Impartiality – NCJC, Canon 3; 1989 CJC, Canon 3
- d. Propriety – NCJC, Canon 4; 1989 CJC Canon 5, Rule 3.03,
- e. Equality – NCJC, Canon 5
- f. Competence and Diligence – NCJC, Canon 6; 1989 CJC, Canon 4, Rules 3.01 and 3.05
- 3. Inhibition and Disqualification – Rules of Court, Rule 137; 1989 CJC, Rules 3.12 and 3.13
- 4. Administration and Discipline of Judges
- a. Legal Basis – 1987 Constitution, Art. VIII, Secs. 5(5), 5(6), 6, 11, and Art. XI, Sec. 2; Rule 140, as amended by A.M. No. 21-08-09-SC
- b. Disciplinary Proceedings against Members of the Judiciary
- A. Legal Ethics – Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC
- X. PRACTICAL EXERCISES
- A. Promissory Note or Simple Loan Agreement
- B. Demand and Authorization Letters
- C. Sale Contract
- D. Lease Contract
- E. Special Power of Attorney
- F. Verification and Certification Against Forum Shopping
- G. Extra-judicial Settlement of Estate
- H. Judicial Affidavit
- I. Notarial Acts
- J. Motions
- K. Quitclaim in Labor Cases
- L. Information
- I. GENERAL PRINCIPLES