Guidelines for the 2008 Philippine Bar Examinations

GUIDELINES FOR 2008 BAR EXAMINATIONS

TO : LAW DEANS

FROM : CHAIRMAN, 2008 BAR EXAMINATIONS

I. SCHEDULE OF 2008 BAR EXAMINATIONS

7 September 2008

8:00 A.M. to 12:00 Noon - Political and Public International Law

2:00 P.M. to 5:00 P.M. - Labor and Social Legislation

14 September 2008

8:00 A.M. to 12:00 Noon - Civil Law

2:00 P.M. to 5:00 P.M. - Taxation

21 September 2008

8:00 A.M. to 12:00 Noon - Mercantile Law

2:00 P.M. to 5:00 P.M. - Criminal Law

28.September 2008

8:00 A.M. to 12 Noon - Remedial Law

2:00 P.M. to 5:00 P.M. - Legal Ethics and Practical Exercises

II. Venue

DE LA SALLE UNIVERSITY, Taft Avenue, Manila

DANTE O.TINGA

Associate Justice & Chairman Committee on the 2008 Bar Examination

WEIGHTS OF SUBJECTS

Bar Examinations

To be held in September 2008

At the De La Salle University Compound

Taft Avenue, Malate, Manila

I. 1^st Sunday, September 7, 2008

Weight

8:00 A.M. to 12:00 Noon - Political and Public International Law 15%

2:00 P.M. to 5:00 P.M. - Labor and Social Legislation 10%

II. 2^nd Sunday, September 14, 2008

8:00 A.M. to 12:00 Noon - Civil Law 15%

2:00 P.M. to 5:00 P.M. - Taxation 10%

III. 3^rd Sunday, September 21, 2008

8:00 A.M. to 12:00 Noon - Mercantile Law 15%

2:00 P.M. to 5:00 P.M. - Criminal Law 10%

IV. 4^lh Sunday, September 28, 2008

8:00 A.M. to 12 Noon - Remedial Law 20%

2:00 P.M. to 5:00 P.M. - Legal Ethics and Practical Exercises 5%

COVERAGE OF THE BAR EXAMINATION

POLITICAL AND PUBLIC INTERNATIONAL LAW

SEPTEMBER 7, 2008

(First Sunday,Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. Constitutional Law

2. Political Law

3. Administrative Law and Law on Public Officers

EXCLUDE Implementing rules and regulations of different agencies

4. Laws on Suffrage

(a) Party-List Law (R.A. 7941)

(b) Omnibus Election Code of the Philippines (B.P. Big. 881)

(c) Electoral Reforms Law of 1987 (R.A. No. 6646)

(d) R.A. 7166 - An Act Providing for Synchronized National and Local Elections and For Electoral Reforms

(e) R.A. 9006 - Fair Election Practice Act

5. Local Government Code (R. A. No.7160) (Basics)
EXCLUDE: Provisions Relating to Local Taxation

6. Public Corporations

7. Public International Law

COVERAGE OF THE BAR EXAMINATION

LABOR STANDARDS/TERMINATION LAW AND

SOCIAL LEGISLATION

September 7, 2008

(First Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

I. Labor Laws (Labor Standards Law and Labor Relation Law)

(a) Labor Code of the Philippines (P.D. No. 442, as amended).
Books I, II, III, V, VI and VII

EXCLUDE: Book IV

(b) Thirteenth (13^th) Month Pay Law (P.D. No. 851, as amended)

(c) The Omnibus Rules Implementing the Labor Code of the Philippines. (Limited to cases decided by the Supreme Court)

(d) Guidelines for the Exercise of the Right to Organize of Government Employees, etc. (Executive Order No. 180, June 1, 1987).

II. Social Legislation

(a) Social Security Act of 1997 (R.A. No. 8282)

(b) Government Service Insurance Act of 1997 (R.A. No. 8291)

(c) Anti-Sexual Harassment Act of 1995 (R.A. No. 7877)
EXCLUDE:

Employees Compensation and State Insurance Fund.

COVERAGE OF THE BAR EXAMINATION CIVIL LAW

September 14,2008

(Second Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. Civil Code of the Philippines

INCLUDE The Law on Sale of Subdivision Lots and Condominium

(P.O. No. 957) and the Condominium Act (R.A. 4726)

EXCLUDE the following:

(a) Code of Muslim Personal Laws of the Philippines
(P.D.No.1083)

(b) Water Code (P.D. 1067)

(c) The Rental Law (B.P. Blg. 25 and amendments)

(d) Intellectual Property Law

2. The Family Code of the Philippines

EXCLUDE Child and Youth Welfare Code (P.D. 603)

3. Domestic Adoption Act of 1998 (R.A. No. 8552)

4. Inter-Country Adoption Act of 1995 (R.A. No. 8043)

5. Property Registration Decree (P.D. No. 1529)

INCLUDE Public Land Law (C.A. No. 141, as amended)

6. Conflict of Laws (Private International Law)

COVERAGE OF THE BAR EXAMINATION TAXATION

September 14,2008

(Second Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. General Principles of Taxation

2. National Internal Revenue Code

INCLUDE (a) Comprehensive Tax Reform Act of 1997(R.A. No. 8424)- Provisions in effect

(b) All Value Added Tax (VAT) laws in effect

EXCLUDE Percentage Taxes, Excise Taxes and Documentary Stamp Taxes

3. Tariff and Customs Code

EXCLUDE Arrastre and Classification of Commodities

4. Republic Act No. 1125, Creating the Court of Tax Appeals, as amended

5. The Local Government Code on Taxation

COVERAGE OF THE BAR EXAMINATION MERCANTILE LAW

September 21, 2008

(Third Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. Code of Commerce

(a) Merchants and Commercial Transactions, Articles 1-63

(b) Letters of Credit under the Code of Commerce (Articles 567-572)
INCLUDE the following:

(i). Bulk Sales Law (Act No. 3952)

(ii). The Warehouse Receipts Law (Act No. 2137 in relation to the General Bonded Warehouse Act [Act No. 3893])

(iii). Presidential Decree 115 on Trust Receipts

2. Negotiable Instruments Law (Act No. 2031)

3. Insurance Code (P.O. No. 1460)

INCLUDE Philippine Deposit Insurance Corporation Act (R.A. 3591)

4. Transportation Laws

(a) Common Carriers (Civil Code, Arts. 1732 to 1766).

(b) Commercial Contracts for Transportation Overland
(Code of Commerce, Arts. 349 to 379)

(c) Maritime Commerce (Code of Commerce, Arts. 673 to 736; also Arts.
580-584 of Code of Commerce, as superseded by R.A. No. 6106; Arts.
806 to 845 of Code of Commerce; Paragraph 6 of Section 3 of Carriage of
Goods by Sea Act [Com. Act 65])

(d) Public Service Act (Com. Act No. 146), as amended.

(e) The Warsaw Convention of 1929(Limited to the Carrier's Liability).

5. Corporation Law

(a) The Corporation Code (B.P. Blg.68)

(b) Securities Regulation Code (R.A. 8799)

(c) Banking Laws: (General terms and provisions)

i) The New Central Bank Act (R.A. No. 7653) (Basics)

ii) Law on Secrecy of Bank Deposits (R.A. No. 1405, as amended)

6. Intellectual Property Code (R.A. No. 8293)(Basics)

EXCLUDE: Implementing Rules and Regulations

7. Special Laws

(a) The Chattel Mortgage Law (Act 1508 in Relation to Arts. 1484, 1485,
2140, and 2141 of the Civil Code)

(b) Real Estate Mortgage Law (Act No. 3135, as amended by R.A. No. 4118)

(c) The Insolvency Law (Act No. 1956) including Rules on Corporate
Rehabilitation (P.D. 902-A)

(d) Truth in Lending Act (R.A. No. 3765)
EXCLUDE the following:

(1) Omnibus Investment Code of 1987 (Executive Order No. 226)

(2) Foreign Investment Act of 1991 (R.A. No. 7042)

COVERAGE OF THE BAR EXAMINATION CRIMINAL LAW

September 21,2008

(Third Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. The Revised Penal Code (Books I and II), as amended.
EXCLUDE: Penalties for specific felonies

2. Indeterminate Sentence Law

3. Probation Law

4. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)

5. Anti-Fencing Law (P.O. No. 1612)

6. Bouncing Checks Law (B.P. Big. 22)

7. Dangerous Drugs Act of 1972(R.A. No. 6425, as amended)

8. Heinous Crimes Act (R.A. No. 7659, as amended)

9. Anti-Money Laundering Act of 2001 (R.A No. 9160)
EXCLUDE: Civil Forfeiture Rules

10. Obstruction of Justice (P.O. 1829)

COVERAGE OF THE BAR EXAMINATION REMEDIAL LAW

September 28, 2008

Fourth Sunday, Morning

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. The Rules of Court, as amended

(a) 1997 Rules of Civil Procedure

(b) Revised Rules of Criminal Procedure (effective December 1, 2000)

(c) Rules on Evidence

(d) Rules on Special Proceedings

2. The 1991 Revised Rules on Summary Procedure

3. Local Government Code on Conciliation Procedures
(Book III, Title I, Chapter 7)

4. The Judiciary Reorganization Act of 1980 (B.P. Big. 129), as amended by
R.A. No. 7691 and rules issued thereunder (emphasis on jurisdiction
excluding purely administrative provisions)

5. Judiciary Act of 1948
EXCLUDE the following:

(a) P.D. No. 946 (Reorganizing the CAR)

(b) Military Justice

6. Jurisdiction of Sandiganbayan

(a) R.A. No. 7975

(b) R.A. No. 8249

COVERAGE OF THE BAR EXAMINATION LEGAL ETHICS AND PRACTICAL EXERCISES

September 28, 2008

(Fourth Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June 2007, and Republic Acts, Presidential Decrees and Executive Orders, promulgated up to 31 December 2006.

1. Code of Judicial Conduct

2. Code of Professional Responsibility

3. Grievance Procedures (Rule 139-b, Rules of Court)

4. Legal Forms