2019 Bar Examinations POLITICAL AND INTERNATIONAL LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

POLITICAL AND INTERNATIONAL LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Political and
International Law”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances,
and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the
coverage of the 2019 Bar Examinations.

I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS

A. National territory
B. Declaration of principles and State policies
C. Separation of powers
D. Checks and balances
E. State immunity

II. LEGISLATIVE DEPARTMENT

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

III. EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of the President and Vice-President
B. Privileges, inhibitions, and disqualifications
C. Powers of the President
1. Executive and administrative powers in general
2. Power of appointment
a. Confirmation and by-passed appointments
b. Midnight and ad interim appointments
c. Power of removal
3. Power of control and supervision
a. Doctrine of qualified political agency
b. Executive departments and officers
c. Local Government Units
4. Military powers
a. Calling out power
b. Declaration of Martial Law and suspension of the privilege of the
writ of habeas corpus; requisites and parameters of extension
5. Executive clemency
6. Powers pertinent to foreign relations

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D. Rules of succession

IV. JUDICIAL DEPARTMENT

A. Judicial power
B. Judicial review
1. Requisites
2. Political question doctrine
3. Moot questions
4. Operative fact doctrine
C. Safeguards of judicial independence
1. Judicial and Bar Council
a. Composition
b. Powers
2. Fiscal autonomy
D. Qualifications of members of the Judiciary
E. Workings of the Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction

V. CONSTITUTIONAL COMMISSIONS
A. Common provisions
B. Powers and functions of the CSC, COMELEC, and COA
C. Composition and qualifications of members
D. Prohibited offices and interests
E. Review of final orders, resolutions, and decisions

VI. BILL OF RIGHTS

A. Fundamental powers of the State
1. Police power
2. Eminent domain
3. Taxation
B. Private acts and the Bill of Rights
C. Rights to life, liberty, and property
1. Procedural and substantive due process
2. Void-for-vagueness doctrine
3. Hierarchy of rights
D. Equal protection
1. Requisites for valid classification
2. Rational basis, strict scrutiny, and intermediate scrutiny tests
E. Searches and seizures
1. Requisites for a valid warrant
2. Warrantless searches and seizures
3. Administrative arrests
4. Evidence obtained through purely mechanical acts
F. Privacy of communications and correspondence
1. Private and public communications
2. Intrusion, when allowed; exclusionary rule
G. Freedom of speech and expression
1. Prior restraint and subsequent punishment
2. Content-based and content-neutral regulations
3. Facial challenges and the overbreadth doctrine
4. Dangerous tendency, balancing of interests, and clear and present danger
tests
5. State regulation of different types of mass media

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6. Commercial speech
7. Unprotected speech
H. Freedom of religion
1. Non-establishment and free-exercise clauses
2. Benevolent neutrality and conscientious objectors
3. Lemon and compelling state interest tests
I. Liberty of abode and right to travel
1. Scope and limitations
2. Watch-list and hold departure orders
J. Right to information
1. Scope and limitations
2. Publication of laws and regulations
K. Right of association
L. Eminent Domain
1. Concept of public use
2. Just compensation
3. Expropriation by local government units
M. Non-impairment of contracts
N. Free access to courts and adequate legal assistance
O. Custodial investigation rights
P. Rights of the accused
Q. Right to the speedy disposition of cases
R. Right against self-incrimination
S. Right against double jeopardy
T. Involuntary servitude
U. Right against excessive fines, and cruel and inhuman punishments
V. Non-imprisonment for debts
W. Ex post facto laws and bills of attainder
X. Writs of habeas corpus, kalikasan, habeas data, and amparo

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

VIII. LAW ON PUBLIC OFFICERS

A. General principles
B. Modes of acquiring title to public office
C. Kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Rights and liabilities of public officers
G. De facto vs. de jure officers
H. Termination of official relation
I. The Civil Service
J. Personnel actions
K. Accountability of public officers
1. Discipline
a. Grounds
b. Jurisdiction
c. Dismissal, preventive suspension, reinstatement and back salaries
d. Condonation doctrine
2. Impeachment
3. The Ombudsman
a. Functions

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b. Judicial review in administrative proceedings

c. Judicial review in penal proceedings
4. Office of the Special Prosecutor
5. The Sandiganbayan

IX. ADMINISTRATIVE LAW

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

X. ELECTION LAW
A. Suffrage
1. Qualification and disqualification of voters
2. Registration and deactivation
3. Inclusion and exclusion proceedings
4. Local and overseas absentee voting
5. Detainee voting
B. Candidacy
1. Qualifications and disqualifications of candidates
2. Filing of certificates of candidacy
a. Effect of filing
b. Substitution and withdrawal of candidates
c. Nuisance candidates
d. Duties of the COMELEC
C. Remedies and jurisdiction
1. Petition to deny due course or cancel a certificate of candidacy
2. Petition for disqualification
3. Failure of election, call of special election
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto

XI. LOCAL GOVERNMENTS

A. Principles of local autonomy
B. Autonomous regions and their relation to the national government
C. Local government units
1. Powers
a. Police power (general welfare clause)
b. Eminent domain
c. Taxing power
d. Legislative power
i. Requisites for valid ordinance
ii. Local initiative and referendum
e. Ultra vires acts
2. Liability
3. Settlement of boundary disputes
4. Vacancies and succession
5. Recall

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6. Term limits

XII. 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
H. Monopolies, restraint of trade, and unfair competition

XIII. SOCIAL JUSTICE AND HUMAN RIGHTS

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

XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND

SPORTS
A. Academic Freedom

XV. THE FAMILY

A. Rights

XVI. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

A. Procedure to amend or revise the Constitution

XVII. PUBLIC INTERNATIONAL LAW

A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Ex aequo et bono
B. Relationship between international and national law
C. Sources of obligations in international law
D. Subjects
1. States
2. International organizations
3. Individuals
E. Jurisdiction of states
1. Basis of jurisdiction
a. Territoriality principle
b. Nationality principle and statelessness
c. Protective principle
d. Universality principle
e. Passive personality principle
2. Exemptions from jurisdiction
a. Act of State doctrine
b. International organizations and its officers
F. General principles of treaty law
G. Doctrine of state responsibility
I. Refugees
J. Extradition
K. Basic principles of International Human Rights Law
L. Basic principles of International Humanitarian Law
M. Law of the sea
1. Baselines

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2. Archipelagic states
3. Internal waters
4. Territorial sea
5. Contiguous zone
6. Exclusive economic zone
7. Continental shelf and extended continental shelf
8. International Tribunal for the Law of the Sea
N. Basic principles of International Environmental Law

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2019 Bar Examinations LABOR LAW AND SOCIAL LEGISLATION

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION
NOTE: This syllabus is an outline of the key topics that fall under the core subject “Labor Law and
Social Legislation”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances,
and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the
coverage of the 2019 Bar Examinations.

I. GENERAL PROVISIONS
A. Basic policy on labor
B. Construction in favor of labor
C. Constitutional and Civil Code provisions relating to Labor Law

II. PRE-EMPLOYMENT
A. Recruitment and placement of local and migrant workers (Labor Code and RA
8042, as amended by RA 10022)
1. Illegal recruitment and other prohibited activities
a. Elements
b. Types of illegal recruitment
c. Illegal recruitment vs. estafa
2. Liability of local recruitment agency and foreign employer
a. Solidary liability
b. Theory of imputed knowledge
3. Termination of contract of migrant worker without just or valid cause
4. Ban on direct hiring
B. Employment of non-resident aliens

III. LABOR STANDARDS

A. Conditions of employment
1. Coverage
2. Hours of work
a. Normal hours of work; hours worked
b. Meal periods
c. Night-shift differential
d. Overtime work
e. Computation of additional compensation (rates only); facilities vs.
supplements
3. Weekly rest periods
4. Holidays
5. Service incentive leaves
6. Service charges
7. 13th month pay
B. Wages
1. Payment of wages
2. Prohibitions regarding wages
3. Wage distortion; concept
4. Non-diminution of benefits
C. Leaves
1. Service incentive leave
2. Maternity leave
3. Paternity leave
4. Solo parent leave
5. Leave benefits for women workers under RA 9710 and RA 9262
D. Special groups of employees
1. Women

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a. Discrimination
b. Stipulation against marriage
c. Prohibited acts
d. Sexual harassment (RA 7877)
2. Minors (RA 7610, as amended by RA 9231)
3. Kasambahay (RA 10361)
4. Homeworkers
5. Night workers
6. Apprentices and learners
7. Persons with Disabilities
a. Discrimination
b. Incentives for employers

IV. SOCIAL WELFARE LEGISLATION

A. SSS Law (RA 8282)
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
B. GSIS Law (RA 8291)
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
C. Disability and death benefits
1. Labor Code
2. POEA-Standard Employment Contract

V. LABOR RELATIONS
A. Right to self-organization
1. Coverage
2. Ineligibility of managerial employees; right of supervisory employees
3. Effect of inclusion as employees outside of the bargaining unit
4. Non-abridgement
B. Bargaining unit
C. Bargaining representative
D. Rights of labor organizations
1. Check off, assessments, and agency fees
2. Collective bargaining
E. Unfair Labor Practices
1. Nature, aspects
2. By employers
3. By labor organizations
F. Peaceful concerted activities
1. Strikes
2. Picketing
3. Lockouts
4. Assumption of jurisdiction by the DOLE Secretary
5. Injunctions

VI. POST-EMPLOYMENT
A. Employer-employee relationship
1. Tests to determine existence
2. Kinds of employment
a. Regular
b. Casual
c. Probationary
d. Project

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e. Seasonal
f. Fixed-term
g. Security guards
h. Floating status
3. Legitimate subcontracting vs. labor-only contracting
a. Elements
b. Trilateral relationship
c. Solidary liability
B. Termination by employer
1. Just causes
2. Authorized causes
3. Due process
a. Twin-notice requirement
b. Hearing
C. Termination by employee
1. Resignation versus constructive dismissal
D. Preventive Suspension
E. Reliefs from illegal dismissal
F. Money claims arising from employer-employee relationship
G. Retirement

VII. MANAGEMENT PREROGATIVE

A. Discipline
B. Transfer of employees
C. Productivity standard
D. Bonus
E. Change of working hours
F. Bona Fide Occupational Qualifications
G. Post-employment restrictions

VIII. JURISDICTION AND RELIEFS

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

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2019 Bar Examinations CIVIL LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

CIVIL LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Civil Law”.
Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence
pertinent to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019
Bar Examinations.

I. GENERAL PRINCIPLES
A. Effect and application of laws
B. Conflict of laws (Private International Law)
C. Human relations (Articles 19-22)

II. PERSONS AND FAMILY RELATIONS

A. Persons
1. Civil personality
2. Use of surnames
3. Entries in the Civil Registry and Clerical Error Law (RA 9048, as
amended)
4. Absence
a. Civil code provisions
b. Presumptive death of absent spouse under the Family Code
B. Marriage
1. Requisites of marriage
2. Exemption from license requirement
3. Marriages solemnized abroad and foreign divorce
4. Void and voidable marriages
C. Legal separation
D. Rights and obligations between husband and wife
E. Property relations between husband and wife
1. General provisions
2. Donations by reason of marriage
3. Absolute Community of Property
4. Conjugal Partnership of Gains
5. Separation of property and administration of common property by one
spouse during the marriage
6. Regime of separation of property
7. Property regime of unions without marriage
F. Family home
G. Paternity and filiation
1. Legitimate children
2. Proof of filiation
3. Illegitimate children
4. Legitimated children
H. Adoption
1. Domestic adoption (RA 8552)
a. Who may adopt
b. Who may be adopted
c. Rights of an adopted child
d. Instances and effects of rescission
2. Inter-country adoption (RA 8043, as amended)
a. When allowed
b. Who may adopt
c. Who may be adopted

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I. Support
J. Parental authority
K. Emancipation
L. Retroactivity of the Family Code

III. PROPERTY
A. Classification of property
B. Ownership
1. In general
2. Rules on accession
3. Quieting of title
C. Co-ownership
D. Possession
1. Kinds of possession
2. Acquisition of possession
3. Effects of possession
E. Usufruct
1. In general
2. Rights and obligations of the usufructuary
3. Extinguishment
F. Easements
1. Modes of acquiring easements
2. Rights and obligations of the owners of the dominant and servient estates
3. Modes of extinguishment
4. Legal vs. voluntary easements
5. Kinds of legal easement
a. Relating to waters
b. Right of way
c. Light and view
G. Nuisance
H. Modes of acquiring ownership
1. Occupation
2. Donation
a. Nature
b. Persons who may give or receive a donation
c. Effects and limitations of donation
d. Revocation and reduction
3. Prescription
a. General provisions
b. Prescription of ownership and other real rights
c. Prescription of actions

IV. SUCCESSION
A. General provisions
B. Testamentary succession
1. Wills
2. Institution of heirs
3. Substitution of heirs
4. Conditional testamentary dispositions and those with a term
5. Legitime
6. Disinheritance
7. Legacies and devises
C. Legal or intestate succession
1. General provisions; relationship and right of representation
2. Order of intestate succession
D. Provisions common to testate and intestate succession

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1. Right of accretion
2. Capacity to succeed by will or by intestacy
3. Acceptance and repudiation of inheritance
4. Partition and distribution of the estate

V. OBLIGATIONS AND CONTRACTS

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

VI. SALES
A. Nature and form
1. Essential requisites
2. Perfection
3. Contract of sale vs. contract to sell
B. Capacity to buy or sell
C. Effects of the contract when the thing sold has been lost
D. Obligations of the vendor
E. Obligations of the vendee
F. Breach of contract
1. Remedies
2. Recto Law and Maceda Law
G. Extinguishment
1. In general
2. Pacto de retro sale
3. Equitable mortgage
H. Assignment of credits

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

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

IX. AGENCY
A. Nature, form, and kinds
B. Obligations of the agent

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C. Obligations of the principal

D. Modes of extinguishment

X. CREDIT TRANSACTIONS
A. Loan
B. Deposit
C. Guaranty and Suretyship
D. Antichresis
E. Real estate mortgage

XI. LAND TITLES AND DEEDS

A. Torrens system; general principles
B. Original registration
1. Ordinary registration
a. Who may apply
b. Decree of registration
c. Review of decree of registration; innocent purchaser for value
C. Certificate of title
D. Subsequent registration
1. Voluntary dealings; general provisions
2. Involuntary dealings
a. Adverse claim
b. Notice of lis pendens
E. Assurance Fund
1. Action of compensation from funds
2. Limitation of action

XII. TORTS AND DAMAGES

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

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2019 Bar Examinations TAXATION LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

TAXATION LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Taxation Law”.
Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent
to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019 Bar
Examinations.

I. GENERAL PRINCIPLES
A. Power of taxation as distinguished from Police Power and Eminent Domain
B. Inherent and constitutional limitations of taxation
C. Requisites of a valid tax
D. Tax as distinguished from other forms of exactions
E. Kinds of taxes
F. Doctrines in taxation
1. Construction and interpretation of tax laws, rules, and regulations
2. Prospectivity of tax laws
3. Imprescriptibility of taxes
4. Double taxation
5. Escape from taxation
a. Shifting of tax burden
b. Tax avoidance
c. Tax evasion
6. Exemption from taxation
7. Equitable recoupment
8. Prohibition on compensation and set-off
9. Compromise and tax amnesty

II. NATIONAL TAXATION (National Internal Revenue Code of 1997, as

amended by RA 10963 or the Tax Reform for Acceleration and Inclusion
Law)
A. Taxing authority
1. Jurisdiction, power, and functions of the Commissioner of Internal Revenue
a. Interpreting tax laws and deciding tax cases
b. Non-retroactivity of rulings
2. Rule-making authority of the Secretary of Finance
B. Income tax
1. Definition, nature, and general principles
a. Criteria in imposing Philippine income tax
b. Types of Philippine income taxes
c. Taxable period
d. Kinds of taxpayers
2. Income
a. Definition and nature
b. When income is taxable
i. Existence of income
ii. Realization and recognition of income
c. Tests in determining whether income is earned for tax purposes
i. Realization test
ii. Economic benefit test, doctrine of proprietary interest
iii. Severance test
d. Tax-free exchanges
e. Situs of income taxation
3. Gross income

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a.Definition
b.Concept of income from whatever source derived
c.Gross income vs. net income vs. taxable income
d.Classification of income subject to tax
i. Compensation income
ii. Fringe benefits
iii. Professional income
iv. Income from business
v. Income from dealings in property
vi. Passive investment income
vii. Annuities, proceeds from life insurance or other types of
insurance
viii. Prizes and awards
ix. Pensions, retirement benefit or separation pay
x. Income from any source
e. Exclusions and exemptions
i. Rationale
ii. Taxpayers who may avail
iii. Distinguished from deductions and tax credits
4. Deductions from gross income
a. Concept as return of capital
b. Itemized deductions vs. Optional Standard Deduction
c. Items not deductible
5. Income tax on individuals
a. Resident citizens, non-resident citizens, and resident aliens
i. Inclusions and exclusions for taxation on compensation income
ii. Taxation of business income/income from practice of profession
iii. Taxation of passive income
iv. Taxation of capital gains
v. Capital asset vs. ordinary asset
b. Income tax on non-resident aliens engaged in trade or business
c. Income tax on non-resident aliens not engaged in trade or business
d. Individual taxpayers exempt from income tax
i. Senior citizens
ii. Minimum wage earners
iii. Exemptions granted under international agreements
6. Income tax on corporations
a. Income tax on domestic corporations and resident foreign corporations
i. Minimum Corporate Income Tax
ii. Branch Profit Remittance Tax
iii. Itemized deductions vs. Optional Standard Deductions
iv. Taxation of passive income
v. Taxation of capital gains
b. Income tax on non-resident foreign corporations
c. Income tax on special corporations
i. Proprietary educational institutions and hospitals
ii. Non-profit hospitals
iii. Government-owned or controlled corporations, agencies, or
instrumentalities
iv. Domestic depository banks (foreign currency deposit units)
v. International carriers doing business in the Philippines
vi. Off-shore banking units
vii. Resident foreign depository banks (foreign currency deposit
units)
viii. Regional or area headquarters and regional operating
headquarters of multinational companies
d. Improperly Accumulated Earnings Tax (IAET)

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e. Exemptions from tax on corporations

f. Tax on other business entities: general partnerships, general
professional partnerships, co-ownerships, joint ventures, and consortia
7. Filing of returns and payment
a. Period within which to file income tax return of individuals and
corporations
b. Substituted filing
c. Failure to file returns
8. Withholding taxes
a. Concept
b. Creditable vs. withholding taxes
c. Duties of a withholding agent
C. Transfer taxes
1. Estate tax
a. Basic principles, concept, and definition
b. Classification of decedent
c. Determination of gross and net estate
d. Deductions and exclusions from estate
e. Exemption of certain acquisitions and transmissions
f. Period for filing estate tax returns
2. Donor’s tax
a. Basic principles, concept, and definition
b. Requisites of a valid donation
c. Transfers which may be constituted as donation
i. Transfer of property for insufficient consideration
ii. Condonation/remission of debt
iii. Bona fide arms-length transfers
d. Determination of gross gift
e. Exemption of gifts from donor’s tax
D. Value-Added Tax (VAT)
1. Concept and elements of VATable transactions
2. Impact and incidence of tax
3. Destination Principle; Cross-Border Doctrine
4. Imposition of VAT on transfer of goods by tax exempt persons
5. Transactions deemed sale subject to VAT
6. Zero-rated and effectively zero-rated sales of goods or properties
7. VAT-exempt transactions
8. Input and output tax
9. Tax refund or tax credit
a. San Roque doctrine
b. Enhanced VAT refund system
10. Filing of returns and payment
E. Tax remedies under the NIRC
1. General concepts
a. Requisites of a valid assessment
b. Tax delinquency vs. tax deficiency
c. Prescriptive period for assessment
i. False returns vs. fraudulent returns vs. non-filing of returns
ii. Suspension of the running of statute of limitations
2. Civil penalties
a. New rule on delinquency interest and deficiency interest
b. Surcharge
c. Compromise penalty
3. Assessment process and reglementary periods
a. Letter of Authority
b. Notice of Informal Conference
c. Issuance of Preliminary Assessment Notice

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2019 Bar Examinations TAXATION LAW

d. Issuance of Formal Letter of Demand/ Final Assessment Notice

e. Disputed assessment
4. Collection
a. Requisites
b. Prescriptive periods
F. Taxpayer’s remedies
1. Protesting an assessment
a. Period to file protest
b. Submission of supporting documents
c. Effect of failure to file protest
d. Decision of the Commissioner on the protest filed
i. Period to act upon or decide on protest filed
ii. Remedies of the taxpayer in case the Commissioner denies the
protest or fails to act on the protest
iii. Effect of failure to appeal
2. Compromise and abatement of taxes
3. Recovery of tax erroneously or illegally collected
a. Grounds, requisites, and period for filing a claim for refund or issuance
of a tax credit certificate
b. Proper party to file claim for refund or tax credit
G. Government remedies
1. Kinds
2. Judicial remedies

III. LOCAL TAXATION (Local Government Code of 1991 [RA 7160], as

amended)
A. Local government taxation
1. Fundamental principles
2. Specific taxing powers of Local Government Units (exclude rates)
3. Common limitations on the taxing powers of LGUs
4. Procedure for approval and effectivity of tax ordinances
5. Periods of assessment and collection of local taxes, fees, or charges
6. Taxpayer’s remedies
a. Protest of assessment
b. Claim for refund of tax credit for erroneously or illegally collected
taxes, fees, or charges
7. Remedies of the LGUs for collection of revenues
a. Administrative action
b. Judicial action
B. Real property taxation
1. Fundamental principles
2. Exemption from real property taxes
3. Collection of real property tax
a. Date of accrual of real property taxes and special levies
b. Collection of taxes
c. Periods within which to collect real property taxes
4. Taxpayer’s remedies
a. Contesting an assessment
i. Payment under protest
ii. File protest with treasurer
iii. Refunds or credits of real property taxes
b. Contesting a valuation of real property
i. Appeal to the Local Board of Assessment Appeals (LBAA)
ii. Appeal to the Central Board of Assessment Appeals (CBAA)
iii. Effect of payment of tax
5. Remedies of LGUs for collection of real property taxes

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2019 Bar Examinations TAXATION LAW

IV. JUDICIAL REMEDIES (RA 1125, as amended, and the Revised Rules of
the Court of Tax Appeals)
A. Court of Tax Appeals (CTA)
1. Exclusive original and appellate jurisdiction over civil cases
2. Exclusive original and appellate jurisdiction over criminal cases
B. Procedures
1. Filing of an action for collection of taxes
a. Internal revenue taxes
b. Local taxes
2. Civil cases
a. Who may appeal, mode of appeal, and effect of appeal
b. Suspension of collection of taxes
c. Injunction not available to restrain collection
3. Criminal cases
a. Institution and prosecution of criminal actions
b. Institution of civil action in criminal action
c. Period to appeal
4. Appeal to the CTA en banc
5. Petition for review on certiorari to the SC

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 2019 Bar Examinations MERCANTILE LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

MERCANTILE LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Mercantile
Law”. Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the
coverage of the 2019 Bar Examinations.

I. LETTERS OF CREDIT AND TRUST RECEIPTS

A. Basic concepts
1. Doctrine of independence
2. Fraud exception principle
3. Doctrine of strict compliance
4. Warehouseman’s lien
B. Rights and obligations of parties
1. Entruster/entrustee
2. Applicant/banks/beneficiary
C. Remedies available

II. NEGOTIABLE INSTRUMENTS LAW (Act No. 2031)

A. Requisites of negotiability
B. Forgery and material alteration
C. Negotiation
D. Rights of the holder
1. Holder in due course
2. Defenses against the holder
E. Checks

III. INSURANCE (PD 612, as amended by RA 10607)

A. Basic concepts
1. What may be insured
2. Insurable interest
3. Double insurance and overinsurance
4. Reinsurance
5. No fault, suicide, and incontestability clauses
B. Perfection of the insurance contract
C. Rights and obligations of parties
1. Insurer
2. Insured
3. Beneficiary
D. Rescission of insurance contracts
1. Concealment
2. Misrepresentation or omissions
3. Breach of warranties
E. Loss

IV. TRANSPORTATION
A. Common carriers
1. Concept
2. Common carrier vs. private carrier
3. Diligence required
B. Obligations and liabilities
1. Vigilance over goods
2. Safety of passengers

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 2019 Bar Examinations MERCANTILE LAW

C. Defenses available to a common carrier

1. Proof of negligence
2. Due diligence in the selection and supervision of employees
3. Fortuitous event
4. Contributory negligence
5. Doctrine of last clear chance
D. Extent of liability
1. Recoverable damages
2. Stipulations limiting liability
3. Limitations under the Warsaw Convention

V. CORPORATION LAW (Provisions of BP 68, not affected by RA 11232)

A. General principles
1. Nationality of corporations
a. Place of incorporation test
b. Control test
c. Grandfather rule
2. Doctrine of separate juridical personality
3. Doctrine of piercing the corporate veil
B. Stock vs. non-stock corporations
C. De facto corporations and corporations by estoppel
D. Board of Directors and Trustees
1. Basic principles
a. Doctrine of centralized management
b. Business judgment rule
2. Duties, liabilities, and responsibility for unlawful acts
E. Powers of corporations
1. How powers are exercised
2. Ultra vires doctrine
3. Trust fund doctrine
F. Stockholders and Members
1. Doctrine of equality of shares
2. Proprietary rights
a. Right to dividends
b. Right to inspect
c. Pre-emptive right
d. Right of first refusal
3. Intra-corporate disputes
a. Concept
b. Individual vs. representative vs. derivative suits
G. Foreign Corporations
1. What constitutes “doing business”
2. Personality to sue and suability
H. Mergers and Consolidations
1. Concept
2. Effects and limitations

VI. SECURITIES REGULATION CODE (RA 8799)

A. Registration requirement; exemptions
B. Prohibitions on fraud, manipulation, and insider trading
C. Protection of investors
1. Tender offer rule
2. Rules on proxy solicitation
3. Disclosure rule

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 2019 Bar Examinations MERCANTILE LAW

VII. BANKING
A. The New Central Bank Act (RA 7653, as amended by RA 11211)
1. Handling of banks in distress
a. Conservatorship
b. Closure
c. Receivership
d. Liquidation
B. Secrecy of bank deposits (RA 1405, as amended, and RA 6426, as amended)
1. Prohibited acts
2. Exceptions from coverage
3. Garnishment of deposits, including foreign deposits
C. General Banking Law of 2000 (RA 8791)
1. Nature of bank funds and bank deposits
2. Diligence required of banks
3. Prohibited transactions by bank directors and officers
D. Philippine Deposit Insurance Corporation Act (RA 3591, as amended)
1. Maximum deposit insurance coverage
2. Meaning of insured deposit
3. Splitting of deposits

VIII. INTELLECTUAL PROPERTY CODE (RA 8293)

A. Patents
1. Patentable vs. non-patentable inventions
2. Ownership of a patent
3. Grounds for cancellation of a patent
4. Remedy of the true and actual inventor
5. Rights conferred by a patent
6. Limitations on patent rights
7. Patent infringement
B. Trademarks
1. Marks vs. collective marks vs. trade names
2. Acquisition of ownership
a. Concept of actual use
b. Effect of registration
3. Non-registrable marks
4. Well-known marks
5. Priority right
6. Rights conferred by registration
7. Cancellation of registration
8. Trademark infringement
9. Unfair competition
C. Copyrights
1. Copyrightable works
2. Non-copyrightable works
3. Rights conferred by copyright
4. Ownership of a copyright
5. Limitations on copyright
6. Doctrine of fair use
7. Copyright infringement

IX. ANTI-MONEY LAUNDERING ACT (RA 9160, as amended)

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

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 2019 Bar Examinations MERCANTILE LAW

F. Freezing and forfeiture

X. ELECTRONIC COMMERCE ACT (RA 8792)

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

XI. DATA PRIVACY ACT (RA 10173)

A. Personal vs. sensitive personal information
B. Scope
C. Processing of personal information
D. Rights of data subject

XII. FINANCIAL REHABILITATION, INSOLVENCY, LIQUIDATION

and SUSPENSION OF PAYMENTS (RA 10142, FR Rules [A.M. No.
12-12-11-SC], and FLSP Rules [A.M. No.15-04-06-SC])
A. Basic concepts
1. Rehabilitation
2. Insolvent
3. Liquidation
4. Suspension of payments
B. Modes of rehabilitation
1. Court-supervised rehabilitation
a. Voluntary vs. involuntary
b. Commencement order (including stay order)
c. Rehabilitation receiver and management committee
d. Determination of claims
e. Rehabilitation plan
i. Concept of feasibility
ii. Material financial commitments
iii. Liquidation analysis
f. Creditor approval and confirmation
g. Failure of rehabilitation
2. Pre-negotiated rehabilitation
a. How initiated
b. Period and effect of approval
3. Out-of-Court or Informal Restructuring Agreement or Rehabilitation Plan
a. Minimum requirements
b. Standstill period
c. Cram down effect
C. Liquidation
1. Voluntary liquidation vs. involuntary liquidation vs. conversion
2. Procedure
a. Liquidation order; effects
3. Determination of claims
D. Suspension of Payments; Suspension of Payment Order
E. Remedies
1. Motion for reconsideration
2. Petition for certiorari

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 2019 Bar Examinations CRIMINAL LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

CRIMINAL LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Criminal Law”.
Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence
pertinent to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019
Bar Examinations.

I. REVISED PENAL CODE - BOOK I

A. General principles
1. Mala in se vs. mala prohibita
2. Applicability and effectivity of the RPC
a. Generality
b. Territoriality
c. Prospectivity
3. Pro reo principle
B. Felonies
1. Criminal liabilities and felonies
a. Grave vs. less grave vs. light felonies
b. Aberratio ictus, error in personae, and praeter intentionem
c. Impossible crime
d. Stages of execution
e. Continuing crimes
f. Complex crimes and composite crimes
2. Circumstances affecting criminal liability
a. Justifying circumstances
b. Exempting circumstances
c. Mitigating circumstances
d. Aggravating circumstances
e. Alternative circumstances
f. Absolutory causes
3. Persons liable and degree of participation
a. Principals, accomplices, and accessories
b. Conspiracy and proposal
C. Penalties
1. Penalties that may be imposed and retroactive effect of penal laws
2. Classification
3. Duration and effects
4. Application
a. RPC provisions
b. Indeterminate Sentence Law (Act No. 4103)
c. Three-fold rule
d. Subsidiary imprisonment
5. Graduation of penalties
6. Accessory penalties
7. Execution and service
a. RPC provisions
b. Probation Law (PD 968, as amended)
c. Juvenile Justice and Welfare Act (RA 9344, as amended)
D. Extinction of criminal liability
E. Civil liability in criminal cases

II. REVISED PENAL CODE - BOOK II

A. Crimes against National Security and Laws of Nations

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 2019 Bar Examinations CRIMINAL LAW

B. Crimes against the Fundamental Law of the State

C. Crimes against Public Order
D. Crimes against Public Interest
E. Crimes against Public Morals
F. Crimes committed by Public Officers
G. Crimes against Persons
H. Crimes against Personal Liberty and Security
I. Crimes against Property
J. Crimes against Chastity
K. Crimes against the Civil Status of Persons
L. Crimes against Honor
M. Quasi-offenses (or Criminal Negligence)

III. SPECIAL LAWS

Punishable acts and circumstances affecting criminal liability of the following:
A. Anti-Arson Law (Secs. 1 to 5, PD 1613, as amended by PD 1744)
B. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4, and 5, RA 9775)
C. Anti-Fencing Law of 1979 (Secs. 2 and 5, PD 1612)
D. Anti-Graft and Corrupt Practices Act (Sec. 3, RA 3019, as amended)
E. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053)
F. Anti-Hijacking Law (Secs. 1 and 3, RA 6235)
G. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA
9995)
H. Anti-Plunder Act (Secs. 1 and 2, RA 7080, as amended by RA 7659)
I. Anti-Sexual Harassment Act of 1995 (Sec. 3, RA 7877)
J. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745)
K. Anti-Trafficking in Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as
amended)
L. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5,
and 26, RA 9262)
M. Bouncing Checks Law (Sec. 1, BP 22)
N. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA
9165, as amended by RA 10640)
O. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29,
RA 10591)
P. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, RA 10175)
Q. Human Security Act of 2007 (Secs. 3 to 6, RA 9372)
R. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883)
S. Obstruction of Justice Law (Sec. 1, PD 1829)
T. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (Secs. 3[a], 5, and 10, RA 7610)

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2019 Bar Examinations REMEDIAL LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

REMEDIAL LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Remedial Law”.
Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence
pertinent to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019
Bar Examinations.

I. GENERAL PRINCIPLES
A. Substantive law vs. remedial law
B. Rule-making power of the Supreme Court
C. Principle of judicial hierarchy
D. Doctrine of non-interference/judicial stability

II. JURISDICTION
A. Classification of jurisdiction
1. Original vs. appellate
2. General vs. special
3. Exclusive vs. concurrent
B. Doctrines of hierarchy of courts and continuity of jurisdiction
C. Jurisdiction of various Philippine courts
D. Aspects of jurisdiction
1. Jurisdiction over the parties
2. Jurisdiction over the subject matter
3. Jurisdiction over the issues
4. Jurisdiction over the res or the property in litigation
E. Jurisdiction vs. exercise of jurisdiction
F. Jurisdiction vs. venue
G. Jurisdiction over cases covered by Barangay Conciliation, Small Claims Cases,
and cases covered by Summary Procedure

III. CIVIL PROCEDURE

A. General provisions (Rule 1)
B. Cause of action (Rule 2)
C. Parties to civil actions (Rule 3)
D. Venue (Rule 4)
E. Pleadings
1. Kinds (Rule 6)
2. Parts of a pleading (Rule 7)
3. Manner of making allegations (Rule 8)
4. Effect of failure to plead (Rule 9)
5. Amended and supplemental pleadings (Rule 10)
6. When to file responsive pleadings (Rule 11)
F. Filing and service of pleadings, judgments, final orders, and resolutions
1. Rules on payment of docket fees; effect of non-payment
2. Rule 13
G. Summons
1. Nature and purpose of summons in relation to actions in personam, in rem,
and quasi in rem
2. Rule 14
H. Motions
1. In general (Rule 15)
2. Motion to dismiss (Rule 16)
3. Motion for bill of particulars (Rule 12)

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2019 Bar Examinations REMEDIAL LAW

I. Dismissal
1. Kinds
a. With prejudice vs. without prejudice
b. Dismissals which have an effect of an adjudication on the merits
2. Rule 17
J. Pre-trial (Rule 18)
K. Intervention (Rule 19)
L. Subpoena (Rule 21)
M. Computation of time (Rule 22)
N. Modes of discovery
1. Depositions (Rules 23 and 24)
2. Interrogatories to parties (Rule 25)
3. Admission by adverse party (Rule 26)
4. Production or inspection of documents or things (Rule 27)
5. Physical and mental examination of persons (Rule 28)
6. Refusal to comply with modes of discovery (Rule 29)
O. Trial (Rule 30)
P. Consolidation or severance (Rule 31)
Q. Demurrer to Evidence (Rule 33)
R. Judgments and final orders
1. Judgment on the pleadings (Rule 34)
2. Summary judgments (Rule 35)
3. Rendition and entry of judgments and final orders (Rule 36)
S. Post-judgment remedies
1. Motion for new trial or reconsideration
a. Rule 37
b. Remedy against denial and fresh-period rule
2. Appeals
a. Judgments and final orders subject to appeal
b. Matters not appealable; available remedies
c. Doctrine of finality/immutability of judgment
d. Modes of appeal from judgments or final orders of various courts
(Rules 40, 41, 42, 43, and 45)
i. Period of appeal
ii. Perfection of appeal
iii. Issues to be raised
e. Review of judgments or final orders of the COA, COMELEC,
CSC, and the Ombudsman
f. Review of judgments or final orders of quasi-judicial agencies
g. Dismissal, reinstatement, and withdrawal of appeal
3. Petition for relief from judgment (Rule 38)
4. Annulments of judgment (Rule 47)
5. Collateral attack on judgments
T. Execution, satisfaction, and effect of judgments (Rule 39)

IV. PROVISIONAL REMEDIES

A. Nature, purpose, and jurisdiction over provisional remedies
B. Preliminary attachment (Rule 57)
C. Preliminary injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)

V. SPECIAL CIVIL ACTIONS

A. Jurisdiction and venue
B. Interpleader (Rule 62)
C. Declaratory relief and similar remedies (Rule 63)
D. Review of judgments and final orders or resolutions of the COMELEC and COA

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2019 Bar Examinations REMEDIAL LAW

(Rule 64 in relation to Rule 65)

E. Certiorari, prohibition, and mandamus
1. Definitions and distinctions
2. Requisites; when and where to file (Rule 65)
3. Exceptions to filing of motion for reconsideration before filing petition
F. Quo warranto (Rule 66)
G. Expropriation
1. Rule 67
2. Guidelines for expropriation proceedings of National Government
Infrastructure Projects (Sec. 4, RA 8974)
H. Foreclosure of real estate mortgage
1. Judicial foreclosure (Rule 68)
2. Extrajudicial foreclosure (Act 3135, as amended)
3. The General Banking Law of 2000 (Sec. 47, RA 8791)
I. Partition (Rule 69)
J. Forcible entry and unlawful detainer
1. Differentiated from accion publiciana and accion reivindicatoria
2. Rule 70
K. Contempt (Rule 71)

VI. SPECIAL PROCEEDINGS

A. Settlement of estate of deceased persons
1. Venue and process (Rule 73)
2. Summary settlement of estates (Rule 74)
3. Allowance or disallowance of wills (Rule 76)
4. Claims against the estate (Rule 86)
5. Payment of the debts of the estate (Rule 88)
6. Sales, mortgages, and other encumbrances of property of decedent (Rule
89)
7. Distribution and partition (Rule 90)
B. Escheat (Rule 91)
C. Guardianship
1. Venue (Rule 92)
2. Appointment of guardians (Rule 93)
3. General powers and duties of guardians (Rule 96)
4. Termination of guardianship (Rule 97)
D. Writ of habeas corpus
1. Rule 102
2. Writ of habeas corpus in relation to custody of minors (A.M. No. 03-04-
04-SC)
E. Change of name (Rule 103)
F. Cancellation or Correction of entries in the Civil Registry (Rule 108)
G. Clerical error law (RA 9048)

VII. CRIMINAL PROCEDURE

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

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2019 Bar Examinations REMEDIAL LAW

I. Pre-trial (Rule 118)

J. Trial (Rule 119)
K. Judgment (Rule 120)
L. New trial or reconsideration (Rule 121)
M. Appeal (Rules 122, 123, 124 and 125)
N. Search and seizure (Rule 126)
O. Provisional remedies in criminal cases (Rule 127)
P. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC)
Q. The Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)

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

IX. WRIT OF AMPARO (A.M. No. 07-9-12-SC)

X. WRIT OF HABEAS DATA (A.M. No. 08-1-16-SC)

XI. RULES OF PROCEDURE ON ENVIRONMENTAL CASES (A.M. No.

09-6-8-SC)
A. Temporary Environmental Protection Order (TEPO)
B. Writ of continuing mandamus
C. Writ of kalikasan

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2019 Bar Examinations LEGAL AND JUDICIAL ETHICS AND
PRACTICAL EXERCISES

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

LEGAL AND JUDICIAL ETHICS AND PRACTICAL
EXERCISES
NOTE: This syllabus is an outline of the key topics that fall under the core subject “Legal and Judicial
Ethics and Practical Exercises”. Accordingly, all Bar candidates should be guided that only laws, rules,
issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within
the coverage of the 2019 Bar Examinations.

I. LEGAL ETHICS
A. Practice of Law
1. Concept
2. Qualifications for admission to the Bar (Bar Matter No. 1153)
3. Continuing requirements for membership in the bar
4. Appearance of Non-Lawyers
a. Law student practice rule (Rule 138-A)
b. Non-lawyers in courts and/or administrative tribunals
c. Proceedings where lawyers are prohibited from appearing as
counsels
5. Prohibited practice of non-lawyers and appearance without authority
6. Public officials and the practice of law; prohibitions and disqualifications
7. The Lawyer’s Oath
B. Duties and responsibilities of a lawyer under the Code of Professional
Responsibility
1. To society (Canons 1 to 6)
2. To the legal profession
a. Canons 7 to 9
b. Integrated Bar of the Philippines (Rule 139-A)
i. Membership and dues
3. To the courts (Canons 10 to 13)
4. To the clients
a. Canons 14 to 22
b. Attorney’s fees
i. Acceptance fees
ii. Contingency fee arrangements
iii. Attorney’s liens
iv. Fees and controversies with clients
v. Quantum meruit
C. Suspension, disbarment and discipline of lawyers
1. Nature and characteristics of disciplinary actions against lawyers
2. Grounds
3. Proceedings (Rule 139-B, Rules of Court, as amended)
4. Recoverable amounts; intrinsically linked to professional engagement
D. Readmission to the Bar
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
E. Mandatory Continuing Legal Education (Bar Matter No. 850, as amended)
1. Requirements
2. Compliance
3. Exemptions
4. Sanctions
F. Notarial Practice (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of a notary public
2. Term of office of a notary public
3. Powers and limitations

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2019 Bar Examinations LEGAL AND JUDICIAL ETHICS AND
PRACTICAL EXERCISES

4. Notarial Register
5. Jurisdiction of notary public and place of notarization
6. Competent evidence of identity
7. Sanctions
8. Relation to Code of Professional Responsibility

II. JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore
Draft)
2. Code of Judicial Conduct
B. Disqualifications of judicial officers (Rule 137)
1. Compulsory
2. Voluntary
C. Administrative jurisdiction of the Supreme Court over Judges and Justices (all
levels)

III. PRACTICAL EXERCISES

A. Demand and authorization letters
B. Simple contracts: lease and sale
C. Special power of attorney
D. Verification and certificate of non-forum shopping
E. Notice of hearing and explanation in motions
F. Judicial Affidavits
G. Notarial certificates: jurat and acknowledgement
H. Motions for extension of time, to dismiss, and to declare in default

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