In Bar Remedial Law (2019 Revised Rules on Evidence — Rule 130, Section 39), how are 'Hearsay' and 'Independently Relevant Statements' defined, and what are the major exceptions to the Hearsay Rule?

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein. If an out-of-court statement is offered ONLY to prove that the statement was made (regardless of its truth), it is an Independently Relevant Statement and admissible. Major Hearsay Exceptions: Dying Declaration, Statement of Decedent or Person of Unsound Mind (replacing the old Dead Man's Statute!), Declaration Against Interest, Act/Declaration about Pedigree, Res Gestae (spontaneous statements), Entries in the Course of Business, Official Records, and Residual Exception (Rule 130, Sec. 50).

Day 1: Political and Public International Law (15%) & Commercial and Taxation Laws (20%).

Trademark Infringement is the unauthorized use of a registered trademark or a confusingly similar mark (prior registration is required, fraudulent intent is not necessary).

Four kinds of employment: Regular, Project, Seasonal, and Casual (plus Fixed-Term under Brent School doctrine).

In Bar Taxation Law (Tax Remedies under Section 203 & 222 of the NIRC), what is the prescriptive period for the BIR to assess internal revenue taxes, and what is the '180-30 Day Rule' under Section 228 for disputing a Final Assessment Notice (FAN)?

General rule (Sec. 203): BIR must assess within 3 years from the last day prescribed by law for filing the return (or actual filing if late); Exception (Sec. 222): 10 years from discovery in case of a false/fraudulent return with intent to evade tax or failure to file a return. Under Sec. 228: the taxpayer has 30 days from receipt of the FAN/FLD to file an administrative protest; if the protest is denied or not acted upon within 180 days from submission of supporting documents, the taxpayer has 30 days to appeal to the Court of Tax Appeals (CTA).

Four-Fold Test: (1) Selection and engagement of the employee, (2) Payment of wages, (3) Power of dismissal, and (4) Power of control over the means and methods by which the work is accomplished (the most…

Rule 41 (Ordinary Appeal by Notice of Appeal to the CA): when the RTC decided the case in the exercise of its ORIGINAL jurisdiction (questions of fact and law).

Consent may be Express (through a general law like Act No.

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), what are the two indispensable requirements for a valid notarization (Acknowledgment or Jurat), and what forms of 'Competent Evidence of Identity' are acceptable?

1. The affiant/signatory must appear IN PERSON before the Notary Public at the time of notarization; and 2. The signatory must be personally known to the Notary Public OR identified through Competent Evidence of Identity — which MUST be at least one current identification document issued by an official government agency bearing the photograph and signature of the individual (a Community Tax Certificate / Cedula is NOT competent evidence of identity!).

Any person holding a public APPOINTIVE office or position (including active members of the Armed Forces and officers/employees in GOCCs) shall be considered IPSO FACTO RESIGNED from their office upon the…

General rule (Sec. 203): BIR must assess within 3 years from the last day prescribed by law for filing the return (or actual filing if late); Exception (Sec. 222): 10 years from discovery in case of a…

For Revised Penal Code offenses: the Maximum term is that which, in view of the attending mitigating/aggravating circumstances, could be properly imposed under the RPC rules; the Minimum term must be…

Under Canon II of the 2023 CPRA ('Responsible Use of Social Media'), what ethical rules govern a Filipino lawyer's conduct on Facebook, X, TikTok, and online platforms?

Under Canon II (Sections 36–44), a lawyer shall understand the benefits, risks, and ethical implications of social media and is prohibited from: (1) knowingly or maliciously posting, sharing, uploading, or disseminating false or unverified statements ('fake news'), (2) creating, maintaining, or using fake/anonymous accounts ('troll accounts') to conceal identity and circumvent the CPRA, (3) disclosing privileged client information when responding to online client reviews, or (4) violating the sub judice rule online.

Consent may be Express (through a general law like Act No.

RA 12066 (CREATE MORE): (1) Reduced the Corporate Income Tax rate for RBEs under the Enhanced Deductions Regime (EDR) from 25% down to 20%; (2) Increased the additional deduction for power expenses from…

1. Compound Crime (Delito Compuesto): when a single act constitutes two or more grave or less grave felonies; 2. Complex Crime Proper (Delito Complejo): when an offense is a necessary means for committing…

In Bar Remedial Law (Appellate Jurisdiction & Modes of Appeal from the Regional Trial Court), how do you distinguish Rule 41 (Ordinary Appeal), Rule 42 (Petition for Review), and Rule 45 (Appeal by Certiorari)?

Rule 41 (Ordinary Appeal by Notice of Appeal to the CA): when the RTC decided the case in the exercise of its ORIGINAL jurisdiction (questions of fact and law). Rule 42 (Petition for Review to the CA): when the RTC decided the case in the exercise of its APPELLATE jurisdiction over a first-level court (MTC/MeTC). Rule 45 (Appeal by Certiorari directly to the Supreme Court): when the appeal from the RTC (original jurisdiction), CA, Sandiganbayan, or CTA En Banc raises PURE QUESTIONS OF LAW.

Under Canon II (Sections 36–44), a lawyer shall understand the benefits, risks, and ethical implications of social media and is prohibited from: (1) knowingly or maliciously posting, sharing, uploading,…

Trust Fund Doctrine: the capital stock, property, and other assets of a corporation are regarded as equity in trust for the payment of corporate creditors, who have priority over stockholders; thus,…

Under Art. 2180, when an employee causes damage through a quasi-delict (tort) within the scope of their assigned tasks, the employer is directly and primarily liable, and a presumption of negligence…

In Political Law (State Immunity under Article XVI, Section 3: 'The State may not be sued without its consent'), how may the State give its consent to be sued, and what is the rule under Act No. 3083 / CA 327 for money claims?

Consent may be Express (through a general law like Act No. 3083 for money claims arising from contracts, or a special law enacted by Congress) or Implied (when the State itself commences litigation, or when the State enters into a proprietary/commercial contract jure gestionis as opposed to sovereign acts jure imperii). Under CA 327 / PD 1445, all liquidated money claims against the government must first be filed with the Commission on Audit (COA).

Trademark Infringement is the unauthorized use of a registered trademark or a confusingly similar mark (prior registration is required, fraudulent intent is not necessary).

Under Art. 2180, when an employee causes damage through a quasi-delict (tort) within the scope of their assigned tasks, the employer is directly and primarily liable, and a presumption of negligence…

Rule 45 is a mode of APPEAL (continuation of the original case, filed within 15 days, raises pure questions of law, lower court is not a party).

In Bar Remedial Law (2019 Revised Rules on Evidence — Rule 130, Section 24(b)), how did the 2019 Amendments expand the Attorney-Client Privilege regarding crime/fraud?

The Attorney-Client Privilege extends to the lawyer's secretary, stenographer, clerk, or other persons assisting the attorney. However, under the 2019 Amendments, the privilege DOES NOT APPLY if the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud (Crime-Fraud Exception).

Four requisites: (1) an actual case or controversy calling for the exercise of judicial power, (2) locus standi (legal standing) of the person challenging the act, (3) the question of constitutionality…

1. Written permission of the depositor; 2. In cases of impeachment; 3. Upon order of a competent court in cases of bribery or dereliction of duty of public officials; 4. In cases where the money deposited…

Just Causes (Art. 297, fault of employee, no separation pay): serious misconduct, willful disobedience, gross AND habitual neglect of duties, fraud/willful breach of trust, commission of a crime against…

In Bar Civil Law (Succession), who are the Compulsory Heirs under Article 887 of the Civil Code, and what is the 'Iron Curtain Rule' under Article 992 (as re-examined in Aquino v. Aquino, G.R. No. 208912, Dec. 7, 2021)?

Compulsory heirs: (1) Legitimate children and descendants, (2) In default of the foregoing, legitimate parents and ascendants, (3) The widow or widower (surviving spouse), and (4) Illegitimate (nonmarital) children. In Aquino v. Aquino (2021), the Supreme Court en banc abandoned the strict 'Iron Curtain Rule' of Article 992 and held that a nonmarital child may inherit by Right of Representation (Art. 982) from their legitimate grandparent.

Four kinds of employment: Regular, Project, Seasonal, and Casual (plus Fixed-Term under Brent School doctrine).

Rule 45 is a mode of APPEAL (continuation of the original case, filed within 15 days, raises pure questions of law, lower court is not a party).

Any person holding a public APPOINTIVE office or position (including active members of the Armed Forces and officers/employees in GOCCs) shall be considered IPSO FACTO RESIGNED from their office upon the…

In Bar Labor Law (Labor Standards), what is the 'Four-Fold Test' vs. the 'Two-Tiered (Economic Reality) Test' for determining the existence of an Employer-Employee Relationship?

Four-Fold Test: (1) Selection and engagement of the employee, (2) Payment of wages, (3) Power of dismissal, and (4) Power of control over the means and methods by which the work is accomplished (the most important element). When the control test is inconclusive, the Supreme Court applies the Two-Tiered Test (Francisco v. NLRC), adding the economic dependence of the worker on the putative employer.

For Revised Penal Code offenses: the Maximum term is that which, in view of the attending mitigating/aggravating circumstances, could be properly imposed under the RPC rules; the Minimum term must be…

Under Canon II (Sections 36–44), a lawyer shall understand the benefits, risks, and ethical implications of social media and is prohibited from: (1) knowingly or maliciously posting, sharing, uploading,…

Trademark Infringement is the unauthorized use of a registered trademark or a confusingly similar mark (prior registration is required, fraudulent intent is not necessary).

In Bar Commercial Law (Financial Rehabilitation and Insolvency Act of 2010 — FRIA, RA 10142), what is the effect of a 'Commencement Order' and its Stay or Suspension Order?

The Commencement Order retroacts to the date of filing of the petition for rehabilitation and includes a Stay or Suspension Order that: (1) suspends all actions or proceedings, in court or otherwise, for the enforcement of claims against the debtor, (2) suspends all actions to enforce any judgment, attachment, or provisional remedy against the debtor's assets, and (3) prohibits the debtor from selling, encumbering, or disposing of property outside the ordinary course of business.

General rule (Sec. 203): BIR must assess within 3 years from the last day prescribed by law for filing the return (or actual filing if late); Exception (Sec. 222): 10 years from discovery in case of a…

Under Art. 4(1), criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended ('he who is the cause of the cause is the…

Under Canon II (Sections 36–44), a lawyer shall understand the benefits, risks, and ethical implications of social media and is prohibited from: (1) knowingly or maliciously posting, sharing, uploading,…

In Bar Labor Law (Termination of Employment — Articles 297–299 [formerly 282–284]), what are the 'Just Causes' vs. 'Authorized Causes' for termination, and what is the 'Twin-Notice Rule' versus the 'Agabon Doctrine'?

Just Causes (Art. 297, fault of employee, no separation pay): serious misconduct, willful disobedience, gross AND habitual neglect of duties, fraud/willful breach of trust, commission of a crime against the employer, and analogous causes (requires Twin-Notice Rule: 1st notice to explain with 5 calendar days + hearing/opportunity to be heard + 2nd notice of termination). Authorized Causes (Arts. 298–299, business/health reasons, requires 30-day prior notice to DOLE and employee + separation pay): installation of labor-saving devices, redundancy, retrenchment, closure of business, or incurable disease. Under Agabon v. NLRC, if there is a valid Just or Authorized Cause but procedural due process was violated, the dismissal remains VALID, but the employer must pay nominal damages (PHP 30,000 for Just Cause; PHP 50,000 for Authorized Cause under Jaka).

A Motion to Dismiss is now a prohibited motion EXCEPT on four non-waivable grounds: (1) Lack of jurisdiction over the subject matter, (2) Litis pendentia (another action pending between the same parties…

Day 1: Political and Public International Law (15%) & Commercial and Taxation Laws (20%).

RA 11976 (EOPT Act): (1) Allowed electronic or manual filing of tax returns and payment of taxes (File-and-Pay Anywhere), removing the 25% wrong-venue surcharge; (2) Classified taxpayers into Micro,…

In Bar Legal Ethics (A.M. No. 22-09-01-SC, effective May 2023), what is the 'Code of Professional Responsibility and Accountability (CPRA)', and what are its Six Canons?

The CPRA replaced the 1988 Code of Professional Responsibility and reorganized Philippine legal ethics into Six Canons: Canon I — Independence; Canon II — Propriety (including the new sub-chapter on Responsible Use of Social Media); Canon III — Fidelity; Canon IV — Competence and Diligence; Canon V — Equality (affirmative duty to represent vulnerable sectors and render Mandatory Legal Aid); and Canon VI — Accountability (disciplinary procedure before the Supreme Court and IBP).

Doctrine of Primary Jurisdiction: courts cannot or will not determine a controversy involving a question within the jurisdiction of an administrative tribunal prior to the decision of that question by the…

RA 11976 (EOPT Act): (1) Allowed electronic or manual filing of tax returns and payment of taxes (File-and-Pay Anywhere), removing the 25% wrong-venue surcharge; (2) Classified taxpayers into Micro,…

Under Art. 4(1), criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended ('he who is the cause of the cause is the…

In Bar Remedial Law (2019 Amended Rules of Civil Procedure — Rule 15, Section 12), which motions are now strictly PROHIBITED Motions in civil cases, and which four grounds for a Motion to Dismiss survive?

A Motion to Dismiss is now a prohibited motion EXCEPT on four non-waivable grounds: (1) Lack of jurisdiction over the subject matter, (2) Litis pendentia (another action pending between the same parties for the same cause), (3) Res judicata (barred by a prior judgment), and (4) Prescription (statute of limitations). Other prohibited motions include a Motion to Hear Affirmative Defenses, Motion for Reconsideration of a court's action on affirmative defenses, and Motion for a Bill of Particulars that is not permitted.

The CPRA replaced the 1988 Code of Professional Responsibility and reorganized Philippine legal ethics into Six Canons: Canon I — Independence; Canon II — Propriety (including the new sub-chapter on…

A corporation has a personality separate and distinct from the persons composing it as well as from any other legal entity to which it may be related.

The Statute of Frauds requires certain contracts (e.g., sale of real property or an interest therein, lease for more than 1 year, agreements not to be performed within 1 year, guaranty/special promise to…

In Bar Commercial Law (RA 11232, Sections 39 & 27), what is the 'Trust Fund Doctrine' and what is the 'Business Judgment Rule'?

Trust Fund Doctrine: the capital stock, property, and other assets of a corporation are regarded as equity in trust for the payment of corporate creditors, who have priority over stockholders; thus, corporations cannot distribute assets or declare dividends except out of unrestricted retained earnings. Business Judgment Rule: courts will not interfere with or substitute their judgment for decisions made by the Board of Directors in good faith and within the scope of corporate powers, even if the decision causes corporate losses.

RA 12066 (CREATE MORE): (1) Reduced the Corporate Income Tax rate for RBEs under the Enhanced Deductions Regime (EDR) from 25% down to 20%; (2) Increased the additional deduction for power expenses from…

Just Causes (Art. 297, fault of employee, no separation pay): serious misconduct, willful disobedience, gross AND habitual neglect of duties, fraud/willful breach of trust, commission of a crime against…

The CPRA replaced the 1988 Code of Professional Responsibility and reorganized Philippine legal ethics into Six Canons: Canon I — Independence; Canon II — Propriety (including the new sub-chapter on…

In Bar Commercial Law (Intellectual Property Code, RA 8293), how do 'Trademark Infringement' and 'Unfair Competition' differ?

Trademark Infringement is the unauthorized use of a registered trademark or a confusingly similar mark (prior registration is required, fraudulent intent is not necessary). Unfair Competition is the passing off (or attempting to pass off) of one's goods or business as those of another who has established goodwill (prior trademark registration is NOT required, but fraudulent intent to deceive the public is essential).

Compulsory heirs: (1) Legitimate children and descendants, (2) In default of the foregoing, legitimate parents and ascendants, (3) The widow or widower (surviving spouse), and (4) Illegitimate (nonmarital) children.

1. Compound Crime (Delito Compuesto): when a single act constitutes two or more grave or less grave felonies; 2. Complex Crime Proper (Delito Complejo): when an offense is a necessary means for committing…

1. The affiant/signatory must appear IN PERSON before the Notary Public at the time of notarization; and 2. The signatory must be personally known to the Notary Public OR identified through Competent…

In Bar Labor Law (Article 295 [formerly 280] of the Labor Code), what are the four kinds of employment in the Philippines, and what distinguishes legitimate 'Job Contracting' from prohibited 'Labor-Only Contracting' (DO 174-17)?

Four kinds of employment: Regular, Project, Seasonal, and Casual (plus Fixed-Term under Brent School doctrine). Labor-Only Contracting is strictly prohibited and exists when the contractor: (1) does NOT have substantial capital OR investment in tools/equipment/work premises AND the workers recruited perform activities directly related to the principal business, OR (2) does not exercise the right to control the performance of the work of the employee (resulting in the principal being deemed the direct employer).

Under the 2019 Amendments to the Rules of Civil Procedure, every pleading stating a party's claims or defenses must state: (1) the names of witnesses who will testify in support of the claim or defense,…

1. The affiant/signatory must appear IN PERSON before the Notary Public at the time of notarization; and 2. The signatory must be personally known to the Notary Public OR identified through Competent…

1. Written permission of the depositor; 2. In cases of impeachment; 3. Upon order of a competent court in cases of bribery or dereliction of duty of public officials; 4. In cases where the money deposited…

In Bar Criminal Law (Indeterminate Sentence Law — Act No. 4103), how are the Maximum and Minimum terms of an indeterminate prison sentence determined for offenses punished under the Revised Penal Code vs. Special Penal Laws?

For Revised Penal Code offenses: the Maximum term is that which, in view of the attending mitigating/aggravating circumstances, could be properly imposed under the RPC rules; the Minimum term must be within the range of the penalty next lower in degree to that prescribed by the RPC for the offense (without considering attending circumstances). For Special Penal Laws: the Maximum term shall not exceed the maximum fixed by the special law, and the Minimum shall not be less than the minimum prescribed by the special law.

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein.

Consent may be Express (through a general law like Act No.

Compulsory heirs: (1) Legitimate children and descendants, (2) In default of the foregoing, legitimate parents and ascendants, (3) The widow or widower (surviving spouse), and (4) Illegitimate (nonmarital) children.

In Bar Criminal Law (Revised Penal Code, Article 4), what are the two instances where criminal liability is incurred for an unintended consequence (Praeter Intentionem), and what are 'Error in Personae', 'Aberratio Ictus', and 'Impossible Crime'?

Under Art. 4(1), criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended ('he who is the cause of the cause is the cause of the evil caused'), including: Error in Personae (mistake in the identity of the victim), Aberratio Ictus (mistake in the blow, often resulting in a complex crime under Art. 48), and Praeter Intentionem (injurious result is greater than intended). Under Art. 4(2), an Impossible Crime occurs when an offense against persons or property would have been committed were it not for the inherent impossibility of its accomplishment or the employment of inadequate/ineffectual means.

Rule 41 (Ordinary Appeal by Notice of Appeal to the CA): when the RTC decided the case in the exercise of its ORIGINAL jurisdiction (questions of fact and law).

Four requisites: (1) an actual case or controversy calling for the exercise of judicial power, (2) locus standi (legal standing) of the person challenging the act, (3) the question of constitutionality…

RA 12066 (CREATE MORE): (1) Reduced the Corporate Income Tax rate for RBEs under the Enhanced Deductions Regime (EDR) from 25% down to 20%; (2) Increased the additional deduction for power expenses from…

In Bar Civil Law (Contracts — Article 1403(2)), what is the 'Statute of Frauds', and does it apply to partially or fully executed contracts?

The Statute of Frauds requires certain contracts (e.g., sale of real property or an interest therein, lease for more than 1 year, agreements not to be performed within 1 year, guaranty/special promise to answer for another's debt) to be in writing and subscribed by the party charged to be enforceable. Crucially, the Statute of Frauds applies ONLY to purely executory contracts—never to partially or completely executed contracts.

Under Art. 4(1), criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended ('he who is the cause of the cause is the…

The Attorney-Client Privilege extends to the lawyer's secretary, stenographer, clerk, or other persons assisting the attorney.

Trust Fund Doctrine: the capital stock, property, and other assets of a corporation are regarded as equity in trust for the payment of corporate creditors, who have priority over stockholders; thus,…

In Bar Taxation Law (RA 11976 — Ease of Paying Taxes Act of 2024), what major changes were introduced to Philippine tax administration and Value-Added Tax (VAT)?

RA 11976 (EOPT Act): (1) Allowed electronic or manual filing of tax returns and payment of taxes (File-and-Pay Anywhere), removing the 25% wrong-venue surcharge; (2) Classified taxpayers into Micro, Small, Medium, and Large; (3) Unified the accrual of VAT for BOTH sales of goods and sales of services upon the issuance of the VAT Invoice (eliminating the VAT Official Receipt distinction); and (4) Repealed the 5% creditable withholding tax on government payments as a prerequisite deduction.

The Statute of Frauds requires certain contracts (e.g., sale of real property or an interest therein, lease for more than 1 year, agreements not to be performed within 1 year, guaranty/special promise to…

Under the 2019 Amendments to the Rules of Civil Procedure, every pleading stating a party's claims or defenses must state: (1) the names of witnesses who will testify in support of the claim or defense,…

Four requisites: (1) an actual case or controversy calling for the exercise of judicial power, (2) locus standi (legal standing) of the person challenging the act, (3) the question of constitutionality…

In Bar Commercial Law (Banking Laws — RA 1405 Law on Secrecy of Bank Deposits), what are the statutory and jurisprudential exceptions where peso bank deposits may be examined or inquired into?

1. Written permission of the depositor; 2. In cases of impeachment; 3. Upon order of a competent court in cases of bribery or dereliction of duty of public officials; 4. In cases where the money deposited or invested is the subject matter of the litigation; 5. Anti-Money Laundering Council (AMLC) inquiry under RA 9160; 6. Ombudsman in-camera inspection (when there is a pending case); 7. BIR inquiry into a decedent's estate or compromise of tax liability based on financial incapacity.

Mirror Doctrine: every person dealing with registered land may safely rely on the correctness of the Certificate of Title (TCT/OCT) and is not obliged to go beyond the four corners of the certificate to…

For Revised Penal Code offenses: the Maximum term is that which, in view of the attending mitigating/aggravating circumstances, could be properly imposed under the RPC rules; the Minimum term must be…

Day 1: Political and Public International Law (15%) & Commercial and Taxation Laws (20%).

In Political Law (Administrative Law), what is the 'Doctrine of Primary Jurisdiction' (Prior Resort) versus the 'Doctrine of Exhaustion of Administrative Remedies'?

Doctrine of Primary Jurisdiction: courts cannot or will not determine a controversy involving a question within the jurisdiction of an administrative tribunal prior to the decision of that question by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring special knowledge and experience. Exhaustion of Administrative Remedies: before a party may seek judicial intervention, they must first avail of all administrative processes available inside the executive machinery (violation renders the complaint dismissible for lack of cause of action).

The Commencement Order retroacts to the date of filing of the petition for rehabilitation and includes a Stay or Suspension Order that: (1) suspends all actions or proceedings, in court or otherwise, for…

The Statute of Frauds requires certain contracts (e.g., sale of real property or an interest therein, lease for more than 1 year, agreements not to be performed within 1 year, guaranty/special promise to…

Rule 41 (Ordinary Appeal by Notice of Appeal to the CA): when the RTC decided the case in the exercise of its ORIGINAL jurisdiction (questions of fact and law).

In Bar Civil Law (Torts & Damages — Article 2176 & 2180), what is the defense of a 'Good Father of a Family' (Bonus Pater Familias) in Vicarious Liability of Employers?

Under Art. 2180, when an employee causes damage through a quasi-delict (tort) within the scope of their assigned tasks, the employer is directly and primarily liable, and a presumption of negligence arises against the employer. The employer can overcome this presumption only by proving they observed all the diligence of a good father of a family in BOTH the selection AND the supervision of their employees.

1. Compound Crime (Delito Compuesto): when a single act constitutes two or more grave or less grave felonies; 2. Complex Crime Proper (Delito Complejo): when an offense is a necessary means for committing…

The CPRA replaced the 1988 Code of Professional Responsibility and reorganized Philippine legal ethics into Six Canons: Canon I — Independence; Canon II — Propriety (including the new sub-chapter on…

The Commencement Order retroacts to the date of filing of the petition for rehabilitation and includes a Stay or Suspension Order that: (1) suspends all actions or proceedings, in court or otherwise, for…

In Bar Commercial Law (Revised Corporation Code, RA 11232), what is the 'Doctrine of Separate Juridical Personality' and when may courts apply the 'Doctrine of Piercing the Veil of Corporate Fiction'?

A corporation has a personality separate and distinct from the persons composing it as well as from any other legal entity to which it may be related. Courts will pierce the corporate veil and hold stockholders/officers personally liable only when the corporate fiction is used: (1) to defeat public convenience or justify wrong, (2) to protect fraud (Fraud cases), (3) to defend crime, or (4) as a mere alter ego, business conduit, or instrumentality of a person or another corporation (Alter Ego cases).

RA 11976 (EOPT Act): (1) Allowed electronic or manual filing of tax returns and payment of taxes (File-and-Pay Anywhere), removing the 25% wrong-venue surcharge; (2) Classified taxpayers into Micro,…

Four kinds of employment: Regular, Project, Seasonal, and Casual (plus Fixed-Term under Brent School doctrine).

The Attorney-Client Privilege extends to the lawyer's secretary, stenographer, clerk, or other persons assisting the attorney.

In Bar Remedial Law (2019 Amended Rules of Civil Procedure — Rule 7, Section 6 & Rule 8), what new evidentiary requirements must every pleading (Complaint and Answer) contain upon filing?

Under the 2019 Amendments to the Rules of Civil Procedure, every pleading stating a party's claims or defenses must state: (1) the names of witnesses who will testify in support of the claim or defense, (2) a summary of the witnesses' intended testimonies, with their Judicial Affidavits attached to the pleading, and (3) the documentary and object evidence in support of the allegations (only witnesses whose Judicial Affidavits are attached and documents attached may be presented at trial, absent meritorious exceptions).

The Attorney-Client Privilege extends to the lawyer's secretary, stenographer, clerk, or other persons assisting the attorney.

Any person holding a public APPOINTIVE office or position (including active members of the Armed Forces and officers/employees in GOCCs) shall be considered IPSO FACTO RESIGNED from their office upon the…

Mirror Doctrine: every person dealing with registered land may safely rely on the correctness of the Certificate of Title (TCT/OCT) and is not obliged to go beyond the four corners of the certificate to…

What are the 6 core subject clusters and their exact percentage weights in the Supreme Court of the Philippines Bar Examinations?

Day 1: Political and Public International Law (15%) & Commercial and Taxation Laws (20%). Day 2: Civil Law (20%) & Labor Law and Social Legislation (10%). Day 3: Criminal Law (10%) & Remedial Law, Legal and Judicial Ethics with Practical Exercises (25%). Passing grade: 75% general weighted average (no disqualification below 50% in modern Bar Bulletins).

A corporation has a personality separate and distinct from the persons composing it as well as from any other legal entity to which it may be related.

Compulsory heirs: (1) Legitimate children and descendants, (2) In default of the foregoing, legitimate parents and ascendants, (3) The widow or widower (surviving spouse), and (4) Illegitimate (nonmarital) children.

Under the 2019 Amendments to the Rules of Civil Procedure, every pleading stating a party's claims or defenses must state: (1) the names of witnesses who will testify in support of the claim or defense,…

In Bar Remedial Law (Special Civil Actions), what is the critical difference between Rule 45 (Appeal by Certiorari) and Rule 65 (Petition for Certiorari as an Independent Original Action)?

Rule 45 is a mode of APPEAL (continuation of the original case, filed within 15 days, raises pure questions of law, lower court is not a party). Rule 65 is an independent ORIGINAL special civil action (filed within 60 days from notice of judgment/order or denial of MR, grounded strictly on lack or excess of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction when there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law).

1. The affiant/signatory must appear IN PERSON before the Notary Public at the time of notarization; and 2. The signatory must be personally known to the Notary Public OR identified through Competent…

The Commencement Order retroacts to the date of filing of the petition for rehabilitation and includes a Stay or Suspension Order that: (1) suspends all actions or proceedings, in court or otherwise, for…

Four-Fold Test: (1) Selection and engagement of the employee, (2) Payment of wages, (3) Power of dismissal, and (4) Power of control over the means and methods by which the work is accomplished (the most…

In Bar Taxation Law (CREATE MORE Act — RA 12066, enacted November 11, 2024), how did Congress reform the tax incentives regime for Registered Business Enterprises (RBEs) compared to CREATE (RA 11534)?

RA 12066 (CREATE MORE): (1) Reduced the Corporate Income Tax rate for RBEs under the Enhanced Deductions Regime (EDR) from 25% down to 20%; (2) Increased the additional deduction for power expenses from 50% to 100%; (3) Introduced a 2% local tax (RBE Local Tax) in lieu of all local taxes and fees during ITH/EDR/SCIT; and (4) Extended maximum incentive duration up to 27 years for high-value investment projects approved by the FIRB/IPAs.

Under Art. 2180, when an employee causes damage through a quasi-delict (tort) within the scope of their assigned tasks, the employer is directly and primarily liable, and a presumption of negligence…

A Motion to Dismiss is now a prohibited motion EXCEPT on four non-waivable grounds: (1) Lack of jurisdiction over the subject matter, (2) Litis pendentia (another action pending between the same parties…

Doctrine of Primary Jurisdiction: courts cannot or will not determine a controversy involving a question within the jurisdiction of an administrative tribunal prior to the decision of that question by the…

In Political Law (Law on Public Officers & Election Law), what is the legal effect of filing a Certificate of Candidacy (COC) on an appointive public official versus an elective public official under Section 66 & 67 of the Omnibus Election Code and RA 9006?

Any person holding a public APPOINTIVE office or position (including active members of the Armed Forces and officers/employees in GOCCs) shall be considered IPSO FACTO RESIGNED from their office upon the filing of their Certificate of Candidacy. By contrast, any ELECTIVE official running for any office is NOT deemed resigned upon filing their COC.

1. Written permission of the depositor; 2. In cases of impeachment; 3. Upon order of a competent court in cases of bribery or dereliction of duty of public officials; 4. In cases where the money deposited…

Four-Fold Test: (1) Selection and engagement of the employee, (2) Payment of wages, (3) Power of dismissal, and (4) Power of control over the means and methods by which the work is accomplished (the most…

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein.

In Bar Criminal Law (Article 48 of the Revised Penal Code), what are the two kinds of Complex Crimes and what penalty is imposed?

1. Compound Crime (Delito Compuesto): when a single act constitutes two or more grave or less grave felonies; 2. Complex Crime Proper (Delito Complejo): when an offense is a necessary means for committing the other. In both cases, the penalty for the MOST SERIOUS crime shall be imposed, the same to be applied in its MAXIMUM period. (Contrast with Special Complex Crimes like Robbery with Homicide, where the law fixes a single composite penalty).

Rule 45 is a mode of APPEAL (continuation of the original case, filed within 15 days, raises pure questions of law, lower court is not a party).

Doctrine of Primary Jurisdiction: courts cannot or will not determine a controversy involving a question within the jurisdiction of an administrative tribunal prior to the decision of that question by the…

General rule (Sec. 203): BIR must assess within 3 years from the last day prescribed by law for filing the return (or actual filing if late); Exception (Sec. 222): 10 years from discovery in case of a…

In Bar Civil Law (Property & Land Titles — PD 1529 Property Registration Decree), what is the 'Mirror Doctrine' in Torrens Land Registration, and when does a buyer NOT qualify as an Innocent Purchaser for Value?

Mirror Doctrine: every person dealing with registered land may safely rely on the correctness of the Certificate of Title (TCT/OCT) and is not obliged to go beyond the four corners of the certificate to determine the condition of the property. Exception: a buyer is NOT in good faith if the land is in the actual possession of someone other than the seller, or if the buyer is a bank/financial institution (which is imbued with public interest and must conduct an ocular inspection).

Just Causes (Art. 297, fault of employee, no separation pay): serious misconduct, willful disobedience, gross AND habitual neglect of duties, fraud/willful breach of trust, commission of a crime against…

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein.

A corporation has a personality separate and distinct from the persons composing it as well as from any other legal entity to which it may be related.

In Philippine Bar Political Law, what are the four indispensable requisites for the exercise of Judicial Review by Philippine courts, and how did the 1987 Constitution expand Judicial Power under Article VIII, Section 1?

Four requisites: (1) an actual case or controversy calling for the exercise of judicial power, (2) locus standi (legal standing) of the person challenging the act, (3) the question of constitutionality must be raised at the earliest opportunity, and (4) the issue of constitutionality must be the very lis mota of the case. Article VIII, Section 1(2) expanded judicial power to include the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government (narrowing the political question doctrine).

Trust Fund Doctrine: the capital stock, property, and other assets of a corporation are regarded as equity in trust for the payment of corporate creditors, who have priority over stockholders; thus,…

Mirror Doctrine: every person dealing with registered land may safely rely on the correctness of the Certificate of Title (TCT/OCT) and is not obliged to go beyond the four corners of the certificate to…

A Motion to Dismiss is now a prohibited motion EXCEPT on four non-waivable grounds: (1) Lack of jurisdiction over the subject matter, (2) Litis pendentia (another action pending between the same parties…

Philippine Supreme Court Bar Examinations (4-Day Syllabus): Political & International Law, Commercial/Taxation (TRAIN/CREATE MORE RA 12066), Civil Law, Labor Code, Criminal Law, Remedial Law & CPRA Legal Ethics

Covers all 6 Core Subject Clusters of the digitalized 3-Day Supreme Court of the Philippines Bar Examinations (Examplify CBT): (1) Political and Public International Law, (2) Commercial and Taxation Laws (Revised Corporation Code RA 11232, FRIA RA 10142, TRAIN RA 10963, CREATE RA 11534, CREATE MORE RA 12066, EOPT RA 11976), (3) Civil Law and Land Titles, (4) Labor Law and Social Legislation, (5) Criminal Law, and (6) Remedial Law, Legal and Judicial Ethics with Practical Exercises (2023 Code of Professional Responsibility and Accountability — CPRA).

Level: advanced
Languages: en → en
Cards: 32
Markdown: Philippine Supreme Court Bar Examinations (4-Day Syllabus): Political & International Law, Commercial/Taxation (TRAIN/CREATE MORE RA 12066), Civil Law, Labor Code, Criminal Law, Remedial Law & CPRA Legal Ethics (.md)

Flashcards (32)