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Bar2023-Syllabus - Syllabus

Syllabus
Course

Laws and Professional Ethics in Industries (ATech411)

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Academic year: 2022/2023
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Bukidnon State University

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SYLLABUS FOR THE 2023 BAR EXAMINATIONS

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW (15%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are examinable materials within the coverage of the 2023 Bar Examinations.

PART ONE: POLITICAL LAW

POWERS AND STRUCTURES OF GOVERNMENT

I. Preliminary Concepts

A. Nature of a Constitution 1. Parts 2. Manner of Interpretation (Self-Executing and Non-Executing Character) 3. Process of Change (Amendments and Revisions) B. The Philippines as a State 1. Elements (People, Territory, Government, and Capacity to Enter into Relations With Other States) 2. Distinction Between Internal and External Self-Determination C. Fundamental Powers of the State 1. Police Power 2. Eminent Domain 3. Taxation a) Constitutional Exemption Principles D. Relevance of the Declaration of Principles and State Policies E. Dynamics Among the Branches of Government 1. Separation of Powers 2. System of Checks and Balances 3. Delegation of Powers F. State Immunity 1. Basis 2. Exceptions G. The National Territory 1. Scope (Terrestrial, Aerial, and Fluvial Domains) 2. Archipelagic Doctrine

II. Legislative Department

A. Nature of Legislative Power 1. Derivative and Delegated Power 2. Plenary Character 3. Limitations a) Substantive - Bill of Rights

b) Procedural - Manner of Passage and Form of Bills 4. Law-Making Distinguished from Law-Execution a) Filling-Up Details b) Ascertainment of Facts 5. Exceptions to Non-Delegability a) Local Governments b) Presidential Power in Times of War and National Emergency, Including Martial Law and in a Revolutionary Context c) Fixing Tariff Rates, Quotas, and Other Duties 6. Legislative Power of the People Through Initiative and Referendum B. Bicameral Congress

  1. Senate
  2. House of Representatives a) District Representatives and Mechanics of Apportionment b) Party-List System C. Legislative Privileges, Disclosure of Financial and Business Affairs, Prohibitions, Inhibitions, and Disqualifications D. Quorum and Voting Majorities E. Discipline of Members F. Process of Law-Making
  3. Function of the Bicameral Conference Committee
  4. Limitations on Legislative Power a) Limitations on Revenue, Appropriations, and Tariff b) Presidential Veto and Congressional Override G. Rules on Appropriation and Re-Alignment H. Electoral Tribunals and Commission on Appointments
  5. Composition
  6. Powers and Jurisdiction I. Powers of Congress
  7. Legislative Inquiries and the Oversight Functions
  8. Non-Legislative a) Informing Function b) Power of Impeachment

III. Executive Department

A. Nature of Executive Power 1. In Relation to the Implementation of Laws (Including Delegated Powers) 2. Express or Implied (Including the Faithful Execution of Laws and Residual Powers) B. Concept of Presidential Immunity 1. Conduct Covered 2. Waiver and Exceptions C. Concept of Executive Privilege 1. Types

  1. Composition, Powers, and Functions
  2. En Banc and Division Cases
  3. Administrative Supervision Over Lower Courts
  4. Original and Appellate Jurisdiction

V. Constitutional Commissions (COMELEC, COA, CSC)

A. Constitutional Safeguards to Ensure Independence of Commissions B. Common Provisions C. Powers, Functions, and Jurisdiction D. Composition and Qualifications of Members E. Prohibited Offices and Interests F. Judicial Review of Final Orders, Resolutions, and Decisions 1. Rendered in the Exercise of Quasi-Judicial Functions 2. Rendered in the Exercise of Administrative Functions

THE CITIZEN IN RELATION TO THE STATE

I. Citizenship

A. Who are Filipinos B. Modes of Acquiring Citizenship C. Loss and Re-Acquisition of Philippine Citizenship D. Dual Citizenship and Dual Allegiance E. Foundlings 1. Foundling Recognition and Protection Act (RA 11767)

II. Bill of Rights

A. Private Acts and the Bill of Rights B. Due Process 1. Procedural and Substantive 2. Void-for-Vagueness 3. Judicial and Administrative Due Process C. Equal Protection 1. Requisites for Valid Classification 2. Standards of Judicial Review a) Rational Basis Test b) Strict Scrutiny test c) Intermediate Scrutiny Test D. Arrests, Searches, and Seizures 1. Requisites of a Valid Warrant a) Arrest Warrant b) Search Warrant 2. Warrantless Arrests and Detention 3. Warrantless Searches 4. Administrative Arrests 5. Exclusionary Rule E. Privacy of Communications and Correspondence

  1. Private and Public Communications
  2. When Intrusion is Allowed
  3. Exclusionary Rule F. Freedom of Speech and Expression
  4. Prior Restraint and Subsequent Punishment
  5. Content-Based and Content-Neutral Regulations
  6. Facial Challenges and Overbreadth Doctrine
  7. Tests to Determine the Validity of Governmental Regulation
  8. State Regulation of Different Types of Mass Media
  9. Commercial Speech
  10. Unprotected Speech G. Freedom of Religion
  11. Non-Establishment and Free Exercise Clauses
  12. Benevolent Neutrality and Conscientious Objector
  13. Tests to Determine the Validity of Governmental Regulation a) Clear and Present Danger b) Compelling State Interest H. Liberty of Abode and Right to Travel
  14. Scope and Limitations
  15. Watch-List and Hold Departure Orders I. Right to Information
  16. Scope and Limitations J. Eminent Domain
  17. Concept
  18. Public Use
  19. Just Compensation
  20. Expropriation by Local Government Units K. Right to Association
  21. Scope and Limitations L. Non-Impairment of Contracts
  22. Scope and Limitations M. Free Access to Courts and Adequate Legal Assistance N. Custodial Investigation
  23. Meaning of Custodial Investigation
  24. Rights of a Person Under Custodial Investigation
  25. Requisites of a Valid Waiver
  26. Exclusionary Doctrine O. Rights of the Accused
  27. Criminal Due Process
  28. Bail
  29. Presumption of Innocence
  30. Right to be Heard
  31. Right to Counsel
  32. Right to be Informed of the Nature and Cause of Accusation
  33. Right to Speedy, Impartial and Public Trial
  34. Right of Confrontation
  35. Right to Compulsory Processes
  36. Trial in Absentia

E. Disabilities and Inhibitions of Public Officers F. Powers and Duties of Public Officers G. Rights of Public Officers H. Liabilities of Public Officers 3. Preventive Suspension and Back Salaries 4. Illegal Dismissal, Reinstatement, and Back Salaries I. Immunity of Public Officers J. Distinguish: De Facto and De Jure Officers K. Termination of Official Relation 1. Involuntary Retirement [See Re: Letter of Mrs. Ma. Cristina Roco Corona, AM. No. 20-07-10-SC, January 12, 2021] L. The Civil Service 1. Scope 2. Appointments to the Civil Service 3. Personnel Actions M. Accountability of Public Officers 1. Types of Accountability a) Administrative b) Criminal 2. Discipline a) Grounds b) Jurisdiction c) Dismissal, Preventive Suspension, Reinstatement and Back Salaries d) Condonation Doctrine 3. Impeachment v. Quo Warranto [See Re: Letter of Mrs. Ma. Cristina Roco Corona, AM. No. 20-07-10-SC, January 12, 2021] 4. The Ombudsman and the Office of the Special Prosecutor [Sections 5 to 14, Article XI of the 1987 Constitution in relation to R. No. 6770, otherwise known as “The Ombudsman Act of 1989”] a) Functions b) Judicial Review in Administrative Proceedings c) Judicial Review in Penal Proceedings 5. The Sandiganbayan N. Term Limits

II. Administrative Law

A. General Principles B. Administrative Agencies C. Powers of Administrative Agencies 1. Quasi-Legislative (Rule-Making) Power a) Kinds of administrative rules and regulations b) Requisites for Validity 2. Quasi-Judicial (Adjudicatory) Power a) Administrative Due Process b) Administrative Appeal and Review c) Administrative Res Judicata

  1. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers D. Judicial Recourse and Review
  2. Doctrine of Primary Administrative Jurisdiction
  3. Doctrine of Exhaustion of Administrative Remedies
  4. Doctrine of Finality of Administrative Action

III. Election Law

A. Suffrage 1. Qualifications and Disqualification of Voters 2. Registration and Deactivation of Voters 3. Inclusion and Exclusion Proceedings 4. Local and Overseas Absentee Voting 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 Commission on Elections (COMELEC) C. Campaign 1. Premature Campaigning 2. Prohibited Contributions 3. Lawful and Prohibited Election Propaganda 4. Limitations on Expenses 5. Statement of Contributions and Expenses D. Remedies and Jurisdiction 1. Petition to Deny Due Course or Cancel a Certificate of Candidacy 2. Petition for Disqualification 3. Failure of Election, Call for Special Election 4. Pre-Proclamation Controversy 5. Election Protest 6. Quo Warranto a) COMELEC b) Senate Electoral Tribunal (SET) c) House of Representatives Electoral Tribunal (HRET) 7. Recall E. Prosecution of Election Offenses [Exclude: Penal Provisions]

IV. Local Government

A. Public Corporations 1. Concept; Distinguished from Government-Owned or Controlled Corporations 2. Classifications a) Quasi-Corporations b) Municipal Corporations (1) Elements

III. Jurisdiction A. Basis of Jurisdiction 1. Territoriality Principle 2. Nationality Principle 3. Protective Principle 4. Passive Personality Principle B. Title to Territory C. Adjacent Maritime Seas 1. Territorial Sea 2. Contiguous Zone 3. Exclusive Economic Zone 4. Continental Shelf D. Jurisdiction Over Persons and Economic Activity 1. Criminal Jurisdiction a) General Theory b) Extradition 2. Civil Jurisdiction 3. Immunity from Jurisdiction a) Sovereign Immunity b) Diplomatic and Consular Immunity 4. Areas Not Subject to Jurisdiction of Individual States a) High Seas b) Deep Seabed c) Outer Space

IV. International Responsibility

A. Concept of Imputability of Internationally Wrongful Act or Omission B. Reparation C. International Protection of Human Rights (Including Refugees and Stateless Persons) 1. Remedies Under Treaty-Based Mechanisms D. International Minimum Standard and National Treatment (Including Expropriation of Foreign-Owned Properties) E. Environmental Harm 1. Precautionary Principle F. International Claims

V. Dispute Resolution A. Legality of the Use of Force B. Concept of International and Non-International Armed Conflicts 1. The Role of the International Criminal Court C. Judicial and Arbitral Settlement 1. International Court of Justice 2. Permanent Court of Arbitration

—--------------------------------------NOTHING FOLLOWS—--------------------------------------

SYLLABUS FOR THE 2023 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION (10%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are examinable materials within the coverage of the 2023 Bar Examinations.

I. Fundamental Principles and Concepts

A. Legal Basis 1. 1987 Constitution 2. Civil Code 3. Labor Code B. State Policy Towards Labor 1. Security of Tenure 2. Social Justice 3. Equal Work Opportunities 4. Right to Self-Organization and Collective Bargaining 5. Construction in Favor of Labor 6. Burden of Proof and Quantum of Evidence

II. Pre-Employment

A. Recruitment and Placement of Local and Migrant Workers 1. Definition of Recruitment and Placement 2. Regulation of Recruitment and Placement Activities a) Regulatory Authorities (1) Philippine Overseas Employment Administration (2) Regulatory and Visitorial Powers of the Department of Labor and Employment Secretary b) Ban on Direct Hiring c) Entities Prohibited from Recruiting d) Suspension or Cancellation of License or Authority e) Prohibited Practices [Article 34, Labor Code] 3. Illegal Recruitment [Labor Code and the Migrant Workers and Overseas Employment Act of 1995 (RA 8042), as amended by RA 10022] a) Elements b) Types c) Illegal Recruitment vs. Estafa 4. Liability of Local Recruitment Agency and Foreign Employer a) Solidary Liability b) Theory of Imputed Knowledge 5. Termination of Contract of Migrant Worker B. Employment of Non-Resident Aliens C. Discriminatory Practices 1. Age (RA 10911 or the Anti-Age Discrimination in Employment Act)

(4) Non-Diminution of Benefits c) Payment of Wages d) Prohibitions Regarding Wages e) Wage Distortion (1) Concept f) Minimum Wage Law g) Holiday Pay h) 13th Month Pay 3. Leaves a) Service Incentive Leave b) Maternity Leave c) Paternity Leave d) Solo Parent Leave (RA 8972, as amended by RA 11861) e) Leave Benefits for Women Workers Under Magna Carta of Women (RA 9710) and Anti-Violence Against Women and their Children of 2004 (RA 9262) f) Compassionate Leaves 4. Special Groups of Employees a) Women (1) Discrimination (2) Stipulation Against Marriage (3) Prohibited Acts b) Minors c) Kasambahays d) Homeworkers e) Night Workers f) Apprentices and Learners g) Persons With Disabilities (1) Discrimination (a) Magna Carta for Disabled Persons (RA 7277) (b) Mental Health Act (RA 11036) (2) Incentives for Employers 5. Sexual Harassment in the Work Environment a) Sexual Harassment Act (RA 7877) b) Safe Spaces Act (Article IV of RA 11313 only; Exclude: Liability of Employers) C. Social Welfare Legislation

  1. SSS Law (RA 8282, as amended by RA 11199) a) Coverage b) Dependents and Beneficiaries c) Benefits
  2. GSIS Law (RA 8291) a) Coverage b) Dependents and Beneficiaries c) Benefits
  3. Disability and Death Benefits a) Labor Code b) POEA-Standard Employment Contract

D. Labor Relations 1. Right to Self-Organization a) Coverage b) Eligibility for Membership c) Doctrine of Necessary Implication d) Commingling or Mixed Membership e) Effect of Inclusion as Members of Employees Outside of the Bargaining Unit 2. Bargaining Unit 3. Bargaining Representative 4. Rights of Labor Organizations a) Check Off, Assessment, and Agency Fees b) Collective Bargaining (1) Economic Terms and Conditions (2) Non-Economic Terms and Conditions (3) Duty to Bargain Collectively (4) Mandatory Provisions in the Collective Bargaining Agreement (CBA) 5. Unfair Labor Practices a) Nature and Aspect b) By Employers c) By Organizations 6. Peaceful Concerted Activities a) Strikes (Valid vs. Illegal) b) Picketing c) Lockouts d) Assumption of Jurisdiction by the DOLE Secretary E. Telecommuting Act (RA 11165) 1. Definition [Sec. 3] 2. Telecommuting Program [Sec. 4] 3. Fair Treatment [Sec. 5]

IV. Post-Employment

A. Employer-Employee Relationship 1. Tests to Determine Employer-Employee Relationship 2. Kinds of Employment a) Regular b) Casual c) Probationary d) Project e) Seasonal f) Fixed-Term g) Floating Status 3. Legitimate Subcontracting vs. Labor-Only Contracting a) Elements b) Trilateral Relationship c) Solidary Liability

SYLLABUS FOR THE 2023 BAR EXAMINATIONS

CIVIL LAW (20%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are examinable materials within the coverage of the 2023 Bar Examinations.

PERSONS AND FAMILY RELATIONS

I. Persons

A. When Law Takes Effect Doctrine B. Ignorance of the Law C. Retroactivity of Laws D. Mandatory or Prohibitory Laws E. Waiver of Rights F. Presumption and Applicability of Custom G. Legal Periods H. Territoriality Principle I. Conflict of Laws 1. Lex Nationalii 2. Lex Rei Sitae 3. Lex Loci Celebrationis 4. Doctrine of Renvoi J. Human Relations in Relation to Persons K. Capacity to Act 1. Restrictions on Capacity to Act 2. Birth and Death of Natural Persons 3. Presumption of Survivorship L. Surnames M. Rules Governing Persons Who are Absent

II. Marriage

A. General Principles 1. Essential Requisites 2. Formal Requisites B. Mixed Marriages and Foreign Divorce C. Void Marriages (See Tan-Andal v. Andal, G. No. 196359, May 11, 2021) D. Voidable Marriages E. Effect of Defective Marriages F. Foreign Marriages G. Legal Separation H. Property Relations Between Spouses 1. Donation Propter Nuptias 2. Void Donations by the Spouses

  1. Absolute Community of Property Regime
  2. Conjugal Partnership of Gains Regime
  3. Separation of Property Regime
  4. Property Regime of Unions Without Marriage
  5. Judicial Separation of Property I. The Family
  6. General Principles J. The Family Home
  7. General Principles K. Paternity and Filiation
  8. Concepts of Paternity, Filiation, and Legitimacy
  9. Legitimate Children a) Who are Legitimate Children b) Proof of Filiation of Legitimate Children c) Rights of Legitimate Children d) Grounds to Impugn Legitimacy
  10. Illegitimate Children a) Who are Illegitimate Children b) Proof of Filiation of Illegitimate Children c) Rights of Illegitimate Children d) Grounds to Impugn Filiation
  11. Legitimated Children a) Who May be Legitimated b) How Legitimation Takes Place c) Grounds to Impugn Legitimacy
  12. Adopted Children a) Domestic Administrative Adoption and Alternative Child Care Act (RA 11642) b) Who May Adopt c) Who May be Adopted d) Effects of a Decree of Adoption (See Article Nos. 189-190 of the Family Code) L. Support
  13. What Comprises Support
  14. Who are Obliged to Give Support
  15. Source of Support
  16. Order of Support M. Parental Authority
  17. Concept of Parental Authority
  18. Substitute Parental Authority
  19. Special Parental Authority
  20. Effects of Parental Authority

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

I. Classification of Property

A. Immovables

  1. Distinctions Between Extinctive Prescription and Laches

IV. Land Titles and Deeds

A. Torrens System 1. General Principles B. Regalian Doctrine C. Nationality Restrictions on Land Ownership D. Original Registration (PD 1529) 1. Who May Apply 2. Decree of Registration 3. Review of Decree of Registration; Innocent Purchaser for Value (IPV); Rights of IPV E. An Act Improving the Confirmation Process for Imperfect Land Titles (RA 11573), amending CA 141 and PD 1529 [See Republic v. Pasig Rizal Co., Inc., G. No. 213207, February 15, 2022] F. Certificate of Title G. Subsequent Registration 1. Voluntary Dealings 2. Involuntary Dealings a) Adverse Claims b) Notice of Lis Pendens H. Non-Registrable Properties I. Dealings With Unregistered Lands J. Assurance Fund 1. Nature of Assurance Fund 2. Conditions for Compensation from Assurance Fund 3. Prescriptive Period K. Reconstitution of Title

V. Wills and Succession A. General Provisions B. Testamentary Succession 1. General Provisions 2. Characteristics of a Will 3. Non-Delegability of a Testamentary Power 4. Applicable Law as to Form and Substance of a Will 5. Testamentary Capacity 6. Form of Notarial and Holographic Wills 7. Witnesses to a Notarial Will (Qualification and Disqualifications) 8. Conflict Rules 9. Modes of Revocation of Wills and Testamentary Dispositions a) Effect on the Recognition of a Non-Marital Child b) Theory of Dependent Relative Revocation c) Revocation Based on a False Cause 10. Heirs a) Compulsory Heirs b) Institution of Heirs

(1) Limitations on the Institution of Heirs (2) Collective Institution (3) Proscription Against Successive Institution (4) Institution Based on a False Cause c) Substitution of Heirs (1) Causes of Substitution (2) Fideicommissary Substitution (Compared With Testamentary Trusts) 11. Legitime a) Collation in Connection With the Computation of Legitime b) Table of Legitime c) Impairment of the Legitime d) Presumptive Legitime 12. Preterition a) Requisites b) Governing Law 13. Conditional Dispositions and Dispositions a) Condition Not to Marry b) Disposicion Captatoria c) Modal Institution 14. Void Testamentary Dispositions 15. Disinheritance a) Grounds for Disinheritance b) Requisites for the Various Grounds for Disinheritance c) Effects of Reconciliation 16. Legacies and Devises a) Requisites for Validity b) Property Not Owned by the Testator c) Ineffective Legacies/Devises C. Intestate Succession

  1. Relationship
  2. Causes of Intestacy
  3. Order of Intestate Succession
  4. Rule of Proximity and Rule of Equality a) Exceptions to the Rule of Proximity and Rule of Equality
  5. Determination of Heirs
  6. Successional Barrier (the “Iron Curtain Rule”) (See Aquino v. Aquino, G. Nos. 208912 and 209018, December 7, 2021)
  7. Successional Rights of Adopted Children
  8. Successional Rights of Adopting Parents
  9. Successional Rights of Marital and Non-Marital Children
  10. Successional Rights of the Surviving Spouse
  11. Successional Rights of Collateral Relatives D. Provisions Common to Testate and Intestate Succession
  12. Capacity to Succeed a) Incapacity by Reason of Unworthiness and Effects of Condonation b) Incapacity by Reason of Morality
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Bar2023-Syllabus - Syllabus

Course: Laws and Professional Ethics in Industries (ATech411)

21 Documents
Students shared 21 documents in this course

University: Bukidnon State University

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Page 1 of 10
SYLLABUS FOR THE 2023 BAR EXAMINATIONS
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW (15%)
NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are
examinable materials within the coverage of the 2023 Bar Examinations.
PART ONE: POLITICAL LAW
POWERS AND STRUCTURES OF GOVERNMENT
I. Preliminary Concepts
A. Nature of a Constitution
1. Parts
2. Manner of Interpretation (Self-Executing and Non-Executing
Character)
3. Process of Change (Amendments and Revisions)
B. The Philippines as a State
1. Elements (People, Territory, Government, and Capacity to Enter
into Relations With Other States)
2. Distinction Between Internal and External Self-Determination
C. Fundamental Powers of the State
1. Police Power
2. Eminent Domain
3. Taxation
a) Constitutional Exemption Principles
D. Relevance of the Declaration of Principles and State Policies
E. Dynamics Among the Branches of Government
1. Separation of Powers
2. System of Checks and Balances
3. Delegation of Powers
F. State Immunity
1. Basis
2. Exceptions
G. The National Territory
1. Scope (Terrestrial, Aerial, and Fluvial Domains)
2. Archipelagic Doctrine
II. Legislative Department
A. Nature of Legislative Power
1. Derivative and Delegated Power
2. Plenary Character
3. Limitations
a) Substantive - Bill of Rights

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