Page 1 of 22SYLLABUS FOR THE 2012 BAR EXAMINATIONSREMEDIAL LAWI. General PrinciplesA. Concept of remedial lawB. Substantive law as distinguished from remedial lawC. Rule-making power of the Supreme Court1. Limitations on the rule-making power of the Supreme Court2. Power of the Supreme Court to amend and suspend procedural rulesD. Nature of Philippine courts1. Meaning of a court2. Court as distinguished from a judge3. Classification of Philippine courts4. Courts of original and appellate jurisdiction5. Courts of general and special jurisdiction6. Constitutional and statutory courts7. Courts of law and equity8. Principle of judicial hierarchy9. Doctrine of non-interference or doctrine of judicial stabilityII. JurisdictionA. Jurisdiction over the parties1. How jurisdiction over the plaintiff is acquired2. How jurisdiction over the defendant is acquiredB. Jurisdiction over the subject matter1. Meaning of jurisdiction over the subject matter2. Jurisdiction versus the exercise of jurisdiction3. Error of jurisdiction as distinguished from error of judgment4. How jurisdiction is conferred and determined5. Doctrine of primary jurisdiction6. Doctrine of adherence of jurisdiction7. Objections to jurisdiction over the subject matter8. Effect of estoppel on objections to jurisdictionC. Jurisdiction over the issuesPage 2 of 22D. Jurisdiction over the res or property in litigationE. Jurisdiction of courts1. Supreme Court2. Court of Appeals3. Court of Tax Appeals4. Sandiganbayan5. Regional Trial Courts6. Family Courts7. Metropolitan Trial Courts/Municipal Trial Courts8. Shariah CourtsF. Jurisdiction over small claims, cases covered by the Rules on Summary Procedure andbarangay conciliationG. Totality ruleIII. Civil ProcedureA. Actions1. Meaning of ordinary civil actions2. Meaning of special civil actions3. Meaning of criminal actions4. Civil actions versus special proceedings5. Personal actions and real actions6. Local and transitory actions7. Actions in rem, in personam and quasi in remB. Cause of action1. Meaning of cause of action2. Right of action versus cause of action3. Failure to state a cause of action4. Test of the sufficiency of a cause of action5. Splitting a single cause of action and its effects6. Joinder and misjoinder of causes of actionC. Parties to civil actions1. Real parties in interest; indispensable parties;Representatives as parties; necessary parties; indigent parties; alternativeDefendants2. Compulsory and permissive joinder of parties3. Misjoinder and non-joinder of parties4. Class suit5. Suits against entities without juridical personality6. Effect of death of party litigantPage 3 of 22D. Venue1. Venue versus jurisdiction2. Venue of real actions3. Venue of personal actions4. Venue of actions against non-residents5. When the rules on venue do not apply6. Effects of stipulations on venueE. Pleadings1. Kinds of pleadingsa) Complaintb) Answer(i) Negative defenses(ii) Negative pregnant(iii) Affirmative defensesc) Counterclaims(i) Compulsory counterclaim(ii) Permissive counterclaim(iii) Effect on the counterclaim when the complaint is dismissedd) Cross-claimse) Third (fourth, etc.) party complaintsf) Complaint-in-interventiong) Reply2. Pleadings allowed in small claim cases and cases covered by the Rules onSummary Procedure3. Parts of a pleadinga) Captionb) Signature and addressc) Verification and certification against forum shopping(i) Requirements of a corporation executing theverification/certification of non-forum shoppingd) Effect of the signature of counsel in a pleading4. Allegations in a pleadinga) Manner of making allegations(i) Condition precedent(ii) Fraud, mistake, malice, intent, knowledge and other conditionof the mind, judgments, official documents or actsb) Pleading an actionable documentc) Specific denials(i) Effect of failure to make specific denials(ii) When a specific denial requires an oath5. Effect of failure to pleada) Failure to plead defenses and objectionsb) Failure to plead a compulsory counterclaim and cross-claim6. Defaulta) When a declaration of default is properb) Effect of an order of defaultPage 4 of 22c) Relief from an order of defaultd) Effect of a partial defaulte) Extent of relieff) Actions where default are not allowed7. Filing and service of pleadingsa) Payment of docket feesb) Filing versus service of pleadingsc) Periods of filing of pleadingsd) Manner of filinge) Modes of service(i) Personal service(ii) Service by mail(iii) Substituted service(iv) Service of judgments, final orders or resolutions(v) Priorities in modes of service and filing(vi) When service is deemed complete(vii) Proof of filing and service8. Amendmenta) Amendment as a matter of rightb) Amendments by leave of courtc) Formal amendmentd) Amendments to conform to or authorize presentation of evidencee) Different from supplemental pleadingsf) Effect of amended pleadingF. Summons1. Nature and purpose of summons in relation to actions in personam, in remand quasi in rem2. Voluntary appearance3. Personal service4. Substituted service5. Constructive service (by publication)a) Service upon a defendant where his identity is unknown or where hiswhereabouts are unknownb) Service upon residents temporarily outside thePhilippines6. Extra-territorial service, when allowed7. Service upon prisoners and minors8. Proof of serviceG. Motions1. Motions in generala) Definition of a motionb) Motions versus pleadingsc) Contents and form of motionsd) Notice of hearing and hearing of motionse) Omnibus motion rulePage 5 of 22f) Litigated and ex parte motionsg) Pro-forma motions2. Motions for bill of particularsa) Purpose and when applied forb) Actions of the courtc) Compliance with the order and effect of noncomplianced) Effect on the period to file a responsive pleading3. Motion to dismissa) Groundsb) Resolution of motionc) Remedies of plaintiff when the complaint is dismissedd) Remedies of the defendant when the motion is deniede) Effect of dismissal of complaint on certain groundsf) When grounds pleaded as affirmative defensesg) Bar by dismissalh) Distinguished from demurrer to evidence under Rule 33H. Dismissal of actions1. Dismissal upon notice by plaintiff; two-dismissal rule2. Dismissal upon motion by plaintiff; effect on existing counterclaim3. Dismissal due to the fault of plaintiff4. Dismissal of counterclaim, cross-claim or third-party complaintI. Pre-trial1. Concept of pre-trial2. Nature and purpose3. Notice of pre-trial4. Appearance of parties; effect of failure to appear5. Pre-trial brief; effect of failure to appear6. Distinction between pre-trial in civil case and pre-trial in criminal case7. Alternative Dispute Resolution (ADR)J. Intervention1. Requisites for intervention2. Time to intervene3. Remedy for the denial of motion to interveneK. Subpoena1. Subpoena duces tecum2. Subpoena ad testificandum3. Service of subpoena4. Compelling attendance of witnesses; contempt5. Quashing of subpoenaL. Modes of discovery1. Depositions pending action; depositions before action or pending appeala) Meaning of depositionPage 6 of 22b) Uses; scope of examinationc) When may objections to admissibility be maded) When may taking of deposition be terminated or its scope limited2. Written interrogatories to adverse partiesa) Consequences of refusal to answerb) Effect of failure to serve written interrogatories3. Request for admissiona) Implied admission by adverse partyb) Consequences of failure to answer request for admissionc) Effect of admissiond) Effect of failure to file and serve request for admission4. Production or inspection of documents or things5. Physical and mental examination of persons6. Consequences of refusal to comply with modes of discoveryM. Trial1. Adjournments and postponements2. Requisites of motion to postpone triala) For absence of evidenceb) For illness of party or counsel3. Agreed statement of facts4. Order of trial; reversal of order5. Consolidation or severance of hearing or trial6. Delegation of reception of evidence7. Trial by commissionersa) Reference by consent or ordered on motionb) Powers of the commissionerc) Commissioners report; notice to parties and hearing on the reportN. Demurrer to evidence1. Ground2. Effect of denial3. Effect of grant4. Waiver of right to present evidence5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminalcaseO. Judgments and final orders1. Judgment without trial2. Contents of a judgment3. Judgment on the pleadings4. Summary judgmentsa) For the claimantb) For the defendantc) When the case not fully adjudicatedd) Affidavits and attachments5. Judgment on the pleadings versus summary judgmentsPage 7 of 226. Rendition of judgments and final orders7. Entry of judgment and final orderP. Post-judgment remedies1. Motion for new trial or reconsiderationa) Groundsb) When to filec) Denial of the motion; effectd) Grant of the motion; effecte) Remedy when motion is denied, fresh 15-day period rule2. Appeals in generala) Judgments and final orders subject to appealb) Matters not appealablec) Remedy against judgments and orders which are not appealabled) Modes of appeal(i) Ordinary appeal(ii) Petition for review(iii) Petition for review on certiorarie) Issues to be raised on appealf) Period of appealg) Perfection of appealh) Appeal from judgments or final orders of the MTCi) Appeal from judgments or final orders of the RTCj) Appeal from judgments or final orders of the CAk) Appeal from judgments or final orders of the CTAl). Review of final judgments or final orders of the COAm) Review of final judgments or final orders of the Comelecn) Review of final judgments or final orders of the CSCo) Review of final judgments or final orders of the Ombudsmanp) Review of final judgments or final orders of the NLRCq) Review of final judgments or final orders of quasi-judicial agencies3. Relief from judgments, orders and other proceedingsa) Grounds for availing of the remedyb) Time to file petitionc) Contents of petition4. Annulment of judgments or final orders and resolutionsa) Grounds for annulmentb) Period to file actionc) Effects of judgment of annulment5. Collateral attack of judgmentsQ. Execution, satisfaction and effect of judgments1. Difference between finality of judgment for purposes of appeal; for purposesof execution2. When execution shall issuea) Execution as a matter of rightb) Discretionary executionPage 8 of 223. How a judgment is executeda) Execution by motion or by independent actionb) Issuance and contents of a writ of executionc) Execution of judgments for moneyd) Execution of judgments for specific actse) Execution of special judgmentsf) Effect of levy on third persons4. Properties exempt from execution5. Proceedings where property is claimed by third personsa) In relation to third party claim in attachment and replevin6. Rules on redemption7. Examination of judgment obligor when judgment is unsatisfied8. Examination of obligor of judgment obligor9. Effect of judgment or final orders10. Enforcement and effect of foreign judgments or final ordersR. Provisional remedies1. Nature of provisional remedies2. Jurisdiction over provisional remedies3. Preliminary attachmenta) Grounds for issuance of writ of attachmentb) Requisitesc) Issuance and contents of order of attachment; affidavit and bondd) Rule on prior or contemporaneous service of summonse) Manner of attaching real and personal property; when propertyattached is claimed by third personf) Discharge of attachment and the counter-bondg) Satisfaction of judgment out of property attached4. Preliminary injunctiona) Definitions and differences: preliminary injunction and temporaryrestraining orderb) Requisitesc) Kinds of injunctiond) When writ may be issuede) Grounds for issuance of preliminary injunctionf) Grounds for objection to, or for the dissolution of injunction orrestraining orderg) Duration of TROh) In relation to R.A. 8975, ban on issuance of TRO or writ of injunctionin cases involving government infrastructure projectsi) Rule on prior or contemporaneous service of summons in relation toattachment5. Receivershipa) Cases when receiver may be appointedb) Requisitesc) Requirements before issuance of an orderd) General powers of a receiverPage 9 of 22e) Two kinds of bondsf) Termination of receivership6. Replevina) When may writ be issuedb) Requisitesc) Affidavit and bond; redelivery bondd) Sheriffs duty in the implementation of the writ; when property isclaimed by third partyS. Special civil actions1. Nature of special civil actions2. Ordinary civil actions versus special civil actions3. Jurisdiction and venue4. Interpleadera) Requisites for interpleaderb) When to file5. Declaratory reliefs and similar remediesa) Who may file the actionb) Requisites of action for declaratory reliefc) When court may refuse to make judicial declarationd) Conversion to ordinary actione) Proceedings considered as similar remedies(i) Reformation of an instrument(ii) Consolidation of ownership(iii) Quieting of title to real property6. Review of judgments and final orders or resolution of the Comelec and COAa) Application of Rule 65 under Rule 64b) Distinction in the application of Rule 65 to judgments of the Comelecand COA and the application of Rule 65 to other tribunals, persons andofficers7. Certiorari, prohibition and mandamusa) Definitions and distinctions(i) Certiorari distinguished from appeal by certiorari(ii) Prohibition and mandamus distinguished from injunctionb) Requisitesc) When petition for certiorari, prohibition and mandamus is properd) Injunctive reliefe) Exceptions to filing of motion for reconsideration before filing petitionf) Reliefs petitioner is entitled tog) Actions/omissions of MTC/RTC in election casesh) When and where to file petitioni) Effects of filing of an unmeritorious petition8. Quo warrantoa) Distinguish from quo warranto in the omnibus election codeb) When government commence an action against individualsc) When individual may commence an actiond) Judgment in quo warranto actionPage 10 of 22e) Rights of a person adjudged entitled to public office9. Expropriationa) Matters to allege in complaint for expropriationb) Two stages in every action for expropriationc) When plaintiff can immediately enter into possession of the realproperty, in relation to R.A. 8974d) New system of immediate payment of initial just compensatione) Defenses and objectionsf) Order of expropriationg) Ascertainment of just compensationh) Appointment of commissioners; commissioners report; court actionupon commissioners reporti) Rights of plaintiff upon judgment and paymentj) Effect of recording of judgment10. Foreclosure of real estate mortgagea) Judgment on foreclosure for payment or saleb) Sale of mortgaged property; effectc) Disposition of proceeds of saled) Deficiency judgment(i) Instances when court cannot render deficiency judgmente) Judicial foreclosure versus extrajudicial foreclosuref) Equity of redemption versus right of redemption11. Partitiona) Who may file complaint; who should be made defendantsb) Matters to allege in the complaint for partitionc) Two stages in every action for partitiond) Order of partition and partition by agreemente) Partition by commissioners; appointment of commissioners,commissioners report; court action upon commissioners reportf) Judgment and its effectsg) Partition of personal propertyh) Prescription of action12. Forcible entry and unlawful detainera) Definitions and distinctionb) Distinguished from accion publiciana and accion reivindicatoriac) How to determine jurisdiction in accion publiciana and accionreivindicatoriad) Who may institute the action and when; against whom the action maybe maintainede) Pleadings allowedf) Action on the complaintg) When demand is necessaryh) Preliminary injunction and preliminary mandatory injunctioni) Resolving defense of ownershipj) How to stay the immediate execution of judgmentk) Summary procedure, prohibited pleadings13. ContemptPage 11 of 22a) Kinds of contemptb) Purpose and nature of eachc) Remedy against direct contempt; penaltyd) Remedy against indirect contempt; penaltye) How contempt proceedings are commencedf) Acts deemed punishable as indirect contemptg) When imprisonment shall be imposedh) Contempt against quasi-judicial bodiesIV. Special ProceedingsA. Settlement of estate of deceased persons, venue and process1. Which court has jurisdiction2. Venue in judicial settlement of estate3. Extent of jurisdiction of probate court4. Powers and duties of probate courtB. Summary settlement of estates1. Extrajudicial settlement by agreement between heirs, when allowed2. Two-year prescriptive period3. Affidavit of self-adjudication by sole heir4. Summary settlement of estates of small value, when allowed5. Remedies of aggrieved parties after extra-judicial settlement of estateC. Production and probate of will1. Nature of probate proceeding2. Who may petition for probate; persons entitled to noticeD. Allowance or disallowance of will1. Contents of petition for allowance of will2. Grounds for disallowing a will3. Reprobatea) Requisites before a will proved abroad will be allowed in the Philippines4. Effects of probateE. Letters testamentary and of administration1. When and to whom letters of administration granted2. Order of preference3. Opposition to issuance of letters testamentary; simultaneous filing of petitionfor administration4. Powers and duties of executors and administrators; restrictions on the powers5. Appointment of special administrator6. Grounds for removal of administratorF. Claims against the estate1. Time within which claims shall be filed; exceptionsPage 12 of 222. Statute of non-claims3. Claim of executor or administrator against the estate4. Payment of debtsG. Actions by and against executors and administrators1. Actions that may be brought against executors and administrators2. Requisites before creditor may bring an action for recovery of propertyfraudulently conveyed by the deceasedH. Distribution and partition1. Liquidation2. Project of partition3. Remedy of an heir entitled to residue but not given his share4. Instances when probate court may issue writ of executionI. Trustees1. Distinguished from executor/administrator2. Conditions of the bond3. Requisites for the removal and resignation of a trustee4. Grounds for removal and resignation of a trustee5. Extent of authority of trusteeJ. Escheat1. When to file2. Requisites for filing of petition3. Remedy of respondent against petition; period for filing a claimK. Guardianship1. General powers and duties of guardians2. Conditions of the bond of the guardian3. Rule on guardianship over minorL. Adoption1. Distinguish domestic adoption from inter-country adoption2. Domestic Adoption Acta) Effects of adoptionb) Instances when adoption may be rescindedc) Effects of rescission of adoption3. Inter-country adoptiona) When allowedb) Functions of the RTCc) Best interest of the minor standardM. Writ of habeas corpus1. Contents of the petition2. Contents of the return3. Distinguish peremptory writ from preliminary citationPage 13 of 224. When not proper/applicable5. When writ disallowed/discharged6. Distinguish from writ of amparo and habeas data7. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custodyof Minors (A.M. No. 03-04-04-SC)N. Writ of Amparo (A.M. No. 07-9-12-SC)1. Coverage2. Distinguish from habeas corpus and habeas data3. Differences between amparo and search warrant4. Who may file5. Contents of return6. Effects of failure to file return7. Omnibus waiver rule8. Procedure for hearing9. Institution of separate action10. Effect of filing of a criminal action11. Consolidation12. Interim reliefs available to petitioner and respondent13. Quantum of proof in application for issuance of writ of amparoO. Writ of Habeas Data (A.M. No. 08-1-16-SC)1. Scope of writ2. Availability of writ3. Distinguish from habeas corpus and amparo4. Who may file5. Contents of the petition6. Contents of return7. Instances when petition be heard in chambers8. Consolidation9. Effect of filing of a criminal action10. Institution of separate action11. Quantum of proof in application for issuance of writ of amparoP. Change of name1. Differences under Rule 103, R.A. 9048 and Rule 1082. Grounds for change of nameQ. Absentees1. Purpose of the rule2. Who may file; when to fileR. Cancellation or correction of entries in the civil registry1. Entries subject to cancellation or correction under Rule 108, in relation to R.A.9048S. Appeals in special proceedingPage 14 of 221. Judgments and orders for which appeal may be taken2. When to appeal3. Modes of appeal4. Rule on advance distributionV. Criminal ProcedureA. General matters1. Distinguish jurisdiction over subject matter from jurisdiction over person of theaccused2. Requisites for exercise of criminal jurisdiction3. Jurisdiction of criminal courts4. When injunction may be issued to restrain criminal prosecutionB. Prosecution of offenses1. Criminal actions, how instituted2. Who may file them, crimes that cannot be prosecuted de officio3. Criminal actions, when enjoined4. Control of prosecution5. Sufficiency of complaint or information6. Designation of offense7. Cause of the accusation8. Duplicity of the offense; exception9. Amendment or substitution of complaint or information10. Venue of criminal actions11. Intervention of offended partyC. Prosecution of civil action1. Rule on implied institution of civil action with criminal action2. When civil action may proceed independently3. When separate civil action is suspended4. Effect of the death of accused or convict on civil action5. Prejudicial question6. Rule on filing fees in civil action deemed instituted with the criminal actionD. Preliminary investigation1. Nature of right2. Purposes of preliminary investigation3. Who may conduct determination of existence of probable cause4. Resolution of investigation prosecutor5. Review6. When warrant of arrest may issue7. Cases not requiring a preliminary investigation8. Remedies of accused if there was no preliminary investigation9. InquestPage 15 of 22E. Arrest1. Arrest, how made2. Arrest without warrant, when lawful3. Method of arresta) By officer with warrantb) By officer without warrantc) By private person4. Requisites of a valid warrant of arrest5. Determination of probable cause for issuance of warrant of arrest6. Distinguish probable cause of fiscal from that of a judgeF. Bail1. Nature2. When a matter of right; exceptions3. When a matter of discretion4. Hearing of application for bail in capital offenses5. Guidelines in fixing amount of bail6. Bail when not required7. Increase or reduction of bail8. Forfeiture and cancellation of bail9. Application not a bar to objections in illegal arrest, lack of or irregularpreliminary investigation10. Hold departure order & bureau of immigration watch listG. Rights of the accused1. Rights of accused at the trial2. Rights of persons under custodial investigationH. Arraignment and plea1. Arraignment and plea, how made2. When should plea of not guilty be entered3. When may accused enter a plea of guilty to a lesser offense4. Accused plead guilty to capital offense, what the court should do5. Searching inquiry6. Improvident plea7. Grounds for suspension of arraignmentI. Motion to quash1. Grounds2. Distinguish from demurrer to evidence3. Effects of sustaining the motion to quash4. Exception to the rule that sustaining the motion is not a bar to anotherprosecution5. Double jeopardy6. Provisional dismissalJ. Pre-trialPage 16 of 221. Matters to be considered during pre-trial2. What the court should do when prosecution and offended party agree to theplea offered by the accused3. Pre-trial agreement4. Non-appearance during pre-trial5. Pre-trial order6. Referral of some cases for court annexed mediation and judicial disputeresolutionK. Trial1. Instances when presence of accused is required by law2. Requisite before trial can be suspended on account of absence of witness3. Trial in absentia4. Remedy when accused is not brought to trial within the prescribed period5. Requisites for discharge of accused to become a state witness6. Effects of discharge of accused as state witness7. Demurrer to evidenceL. Judgment1. Requisites of a judgment2. Contents of judgment3. Promulgation of judgment; instances of promulgation of judgment in absentia4. When does judgment become final (four instances)M. New trial or reconsideration1. Grounds for new trial2. Grounds for reconsideration3. Requisites before a new trial may be granted on ground of newly discoveredevidence4. Effects of granting a new trial or reconsideration5. Application of Neypes doctrine in criminal casesN. Appeal1. Effect of an appeal2. Where to appeal3. How appeal taken4. Effect of appeal by any of several accused5. Grounds for dismissal of appealO. Search and seizure1. Nature of search warrant2. Distinguish from warrant of arrest3. Application for search warrant, where filed4. Probable cause5. Personal examination by judge of the applicant and witnesses6. Particularity of place to be searched and things to be seized7. Personal property to be seizedPage 17 of 228. Exceptions to search warrant requirementa) Search incidental to lawful arrestb) Consented searchc) Search of moving vehicled) Check points; body checks in airporte) Plain view situationf) Stop and frisk situationg) Enforcement of custom lawsh) Remedies from unlawful search and seizureP. Provisional remedies1. Nature2. Kinds of provisional remediesVI. EvidenceA. General principles1. Concept of evidence2. Scope of the Rules on Evidence3. Evidence in civil cases versus evidence in criminal cases4. Proof versus evidence5. Factum probans versus factum probandum6. Admissibility of evidencea) Requisites for admissibility of evidenceb) Relevance of evidence and collateral mattersc) Multiple admissibilityd) Conditional admissibilitye) Curative admissibilityf) Direct and circumstantial evidenceg) Positive and negative evidenceh) Competent and credible evidence7. Burden of proof and burden of evidence8. Presumptionsa) Conclusive presumptionsb) Disputable presumptions9. Liberal construction of the rules of evidence10. Quantum of evidence (weight and sufficiency of evidence)a) Proof beyond reasonable doubtb) Preponderance of evidencec) Substantial evidenced) Clear and convincing evidenceB. Judicial notice and judicial admissions1. What need not be proved2. Matters of judicial noticea) MandatoryPage 18 of 22b) Discretionary3. Judicial admissionsa) Effect of judicial admissionsb) How judicial admissions may be contradicted4. Judicial notice of foreign laws, law of nations and municipal ordinanceC. Object (real) evidence1. Nature of object evidence2. Requisites for admissibility3. Categories of object evidence4. Demonstrative evidence5. View of an object or scene6. Chain of custody in relation to Section 21 of the Comprehensive Dangerous DrugsAct of 20027. Rule on DNA Evidence (A.M. No. 06-11-5-SC)a) Meaning of DNAb) Applicable for DNA testing orderc) Post-conviction DNA testing; remedyd) Assessment of probative value of DNA evidence and admissibilitye) Rules on evaluation of reliability of the DNA testing methodologyD. Documentary evidence1. Meaning of documentary evidence2. Requisites for admissibility3. Best Evidence Rulea) Meaning of the ruleb) When applicablec) Meaning of originald) Requisites for introduction of secondary evidence4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)a) Meaning of electronic evidence; electronic data massageb) Probative value of electronic documents or evidentiary weight; method of proofc) Authentication of electronic documents and electronic signaturesd) Electronic documents and the hearsay rulee) Audio, photographic, video and ephemeral evidence5. Parol Evidence Rulea) Application of the parol evidence ruleb) When parol evidence can be introducedc) Distinctions between the best evidence rule and parol evidence rule6. Authentication and proof of documentsa) Meaning of authenticationb) Public and private documentsc) When a private writing requires authentication; proof of a private writingd) When evidence of authenticity of a private writing is not required (ancientdocuments)e) How to prove genuineness of a handwritingf) Public documents as evidence; proof of official recordPage 19 of 22g) Attestation of a copyh) Public record of a public documenti) Proof of lack of recordj) How a judicial record is impeachedk) Proof of notarial documentsl) How to explain alterations in a documentm) Documentary evidence in an unofficial languageE. Testimonial evidence1. Qualifications of a witness2. Competency versus credibility of a witness3. Disqualifications of witnessesa) Disqualification by reason of mental capacity or immaturityb) Disqualification by reason of marriagec) Disqualification by reason of death or insanity of adverse partyd) Disqualification by reason of privileged communications(i) Husband and wife(ii) Attorney and client(iii) Physician and patient(iv). Priest and penitent(v). Public officers(vi). Parental and filial privilege rule4. Examination of a witnessa) Rights and obligations of a witnessb) Order in the examination of an individual witness(i) Direct examination(ii) Cross examination(iii) Re-direct examination(iv) Re-cross examination(v) Recalling the witnessc) Leading and misleading questionsd) Methods of impeachment of adverse partys witnesse) How the witness is impeached by evidence of inconsistent statements (layingthe predicate)f) Evidence of the good character of a witness5. Admissions and confessionsa) Res inter alios acta ruleb) Admission by a partyc) Admission by a third partyd) Admission by a co-partner or agente) Admission by a conspiratorf) Admission by priviesg) Admission by silenceh) Confessionsi) Similar acts as evidence6. Hearsay Rulea) Meaning of hearsayPage 20 of 22b) Reason for exclusion of hearsay evidencec) Exceptions to the hearsay rule(i) Dying declaration(ii) Declaration against interest(iii) Act or declaration about pedigree(iv) Family reputation or tradition regarding pedigree(v) Common reputation(vi) Part of the res gestae(vii) Entries in the course of business(viii) Entries in official records(ix) Commercial lists and the like(x) Learned treaties(xi) Testimony or deposition at a former trial7. Opinion rulea) Opinion of expert witnessb) Opinion of ordinary witness8. Character evidencea) Criminal casesb) Civil cases9. Rule on Examination of a Child witness (A.M. No. 004-07-SC)a) Applicability of the ruleb) Meaning of child witnessc) Competency of a child witnessd) Examination of a child witnesse) Live-link TV testimony of a child witnessf) Videotaped deposition of a child witnessg) Hearsay exception in child abuse casesh) Sexual abuse shield rulei) Protective ordersF. Offer and objection1. Offer of evidence2. When to make an offer3. Objection4. Repetition of an objection5. Ruling6. Striking out of an answer7. Tender of excluded evidenceG. Supreme Court rulings as of January 31, 2012VII. Revised Rules on Summary ProcedureA. Cases covered by the ruleB. Effect of failure to answerPage 21 of 22C. Preliminary conference and appearances of partiesVIII. Katarungang PambarangayA. Cases coveredB. Subject matter for amicable settlementC. VenueD. When parties may directly go to courtE. ExecutionF. RepudiationIX. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC)A. Scope and applicability of the ruleB. Commencement of small claims action; responseC. Prohibited pleadings and motionsD. AppearancesE. Hearing; duty of the judgeF. Finality of judgmentX. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)A. Scope and applicability of the ruleB. Civil procedure1. Prohibition against temporary restraining order and preliminary injunction2. Pre-trial conference; consent decree3. Prohibited pleadings and motions4. Temporary environmental protection order (TEPO)5. Judgment and execution; reliefs in a citizens suit6. Permanent environmental protection order; writ of continuing mandamus7. Strategic lawsuit against public participationPage 22 of 22C. Special proceedings1. Writ of Kalikasan2. Prohibited pleadings and motions3. Discovery measures4. Writ of continuing mandamusD. Criminal procedure1. Who may file2. Institution of criminal and civil action3. Arrest without warrant, when valid4. Procedure in the custody and disposition of seized items5. Bail6. Arraignment and plea7. Pre-trial8. Subsidiary liabilitiesE. Evidence1. Precautionary principle2. Documentary evidenceINCLUDE: Pertinent Supreme Court decisions promulgated as of January 31, 2012.IMPORTANT NOTE: This bar coverage description is not intended and should not be used bylaw schools as a syllabus or course outline in the covered subjects. It has been drawn up forthe limited purpose of ensuring that candidates reviewing for the bar examinations are guidedon what basic and minimum amounts of laws, doctrines, and principles they need to know andbe able to use correctly before they can be licensed to practice law. More is required forexcellent and distinguished work as members of the Bar.