SYLLABUS FOR THE 2025 BAR EXAMINATIONS

REMEDIAL LAW, LEGAL ETHICS & LEGAL FORMS

NOTE: This is only a provisional syllabus. Please keep this strictly private and confidential and
do not disseminate. This is for the Dean’s eyes only.

This syllabus is an outline of the key topics that fall under the core subject “Remedial Law, Legal
Ethics & Legal Forms”. Accordingly, all Bar Candidates should be guided that only laws, rules,
issuances, and jurisprudence pertinent to these topics as of 30 June 2024 are examinable
materials within the coverage of the 2025 Bar Examinations.

CIVIL PROCEDURE

I. GENERAL PRINCIPLES

A. Concept of Remedial or Procedural Law

B. Nature of remedial law
C. Substantive law vis a vis remedial law
D. Procedural laws applicable to actions pending at the time of promulgation
E. Liberal construction of procedural rules
F. Rule-making power of the Supreme Court
G. Nature of Philippine Courts
1. Classification of Philippine Courts
2. Principle of judicial Hierarchy
3. Transcendental importance
4. Doctrine of non-interference or judicial stability

II. JURISDICTION
Strictly Private and Confidential

A. Over the parties

1. Jurisdiction over the plaintiff
2. Jurisdiction over the defendant
B. Over the subject matter
1. How jurisdiction is conferred and determined
2. Objections to jurisdiction over the subject matter
3. Effect of estoppel on objections to jurisdiction
4. Error of jurisdiction as distinguished from error of judgment
C. Over the issues
D. Over the res or property in litigation
E. Classification of Jurisdiction
1. Original and Appellate
2. General and Special
3. Exclusive and Concurrent
F. Jurisdiction of Courts
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Court of Tax Appeals
5. Regional Trial Courts
6. Family Courts
7. Special Commercial Courts and Cybercrime Courts
8. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities,
Municipal Circuit Trial Court [R.A. 11576, August 5, 2021 expanding jurisdiction of
first level courts]
9. Inherent powers and means to carry jurisdiction (Sections 5 & 6, Rule 135 of the Rules
of Court)

1
 10. Doctrine of adherence of jurisdiction
G. Small Claims (Rules on Expedited Procedure, A.M. No. 08-8-7-SC, as amended (March 1,
2022)
H. Rule on Summary Procedure (Rules on Expedited Procedure A.M. No. 08-8-7-SC, as
amended (March 1, 2022)
I. Barangay conciliation

III. CIVIL PROCEDURE (A.M. No. 19-10-20-SC)

A. Classification of actions
1. Ordinary civil actions
2. Special civil actions
3. Criminal actions
4. Special proceedings
B. Kinds of actions
1. Personal actions and real actions
2. Actions in rem, in personam and quasi in rem
C. Payment of docket fees
D. Cause of action (RULE 2)
1. Elements of cause of action
2. Failure to state a cause of action
3. Test of sufficiency of a cause of action
4. Splitting a single cause of action and its effects
5. Joinder and misjoinder of causes of action
6. Totality rule
E. Parties to civil actions (RULE 3)
1. Real party-in-interest
2. Locus standi
3. Indispensable party Strictly Private and Confidential

4. Representatives as parties
5. Necessary party
6. Indigent party
7. Alternative defendants
8. Compulsory and permissive joinder of parties
9. Misjoinder and non-joinder of parties
10. Class suit
11. Suits against entities without juridical personality
12. Effect of death of party-litigant
13. Substitution of parties
14. Transfer of interest
F. Venue (RULE 4)
1. Venue versus jurisdiction
2. Venue of real actions
3. Venue of personal actions
4. Venue of actions against non-residents
5. When the rules on venue do not apply
G. Pleadings
1. Kinds of pleadings (RULE 6)
a. Complaint
b. Answer
c. Defenses (Negative defenses, Affirmative defenses, negative pregnant)
d. Counterclaims (Compulsory counterclaim, permissive counterclaim, Effect on the
counterclaim when complaint is dismissed, effect if compulsory counterclaim is
not answered
e. Cross-claims
f. Reply
g. Third (fourth, etc.) party complaints

2
 2. Parts and Contents of a pleading (RULE 7)
a. Caption
b. The body
c. Signature and address
d. Verification
e. Certification against forum shopping
f. Contents of a pleading
3. Allegations in a pleading (RULE 8)
Manner of making allegations
a. Ultimate facts including the evidence
b. Alternative causes of action or defenses
c. Conditions precedent
d. Capacity to sue or be sued
e. Fraud, mistake, malice, intent, knowledge and other condition of the mind,
judgments, official documents or acts
f. Pleading a judgment or decision
g. Pleading an actionable document
h. Specific denials (effect of failure to make specific denial, when a specific denial
requires an oath)
i. Affirmative defenses in relation to Sec. 5(b), Rule 6 and Sec. 12 Rule 8
4. Effect of failure to plead (RULE 9)
5. Default
6. Amended and Supplemental Pleadings (RULE 10)
a. Amendment as a matter of right
b. Amendments by leave of court
c. Formal amendment
d. Substantive amendment
e. Effect of amended pleading
f. No amendments necessary to conform to or authorize presentation of evidence
Strictly Private and Confidential

g. Supplemental pleadings
7. Filing of responsive pleadings (RULE 11)
8. Bill of particulars (RULE 12)
a. Purpose and when applied for
b. Actions of the court
c. Compliance with the order and effect of non-compliance
9. Filing and service of pleadings (RULE 13)
a. Periods of filing pleadings
b. Manner of filing
c. Papers required to be filed
d. Modes of service of pleadings
e. A.M. No. 10-3-7-SC, June 1, 2022 of The Revised Guidelines on submission of
Electronic Copies of SC-Bound Papers pursuant to the Efficient Use of Paper
Rule
H. Summons (RULE 14)
1. Issuance of summons and its contents
2. By whom served
3. Validity of summons and issuance of alias summons
4. Nature and purpose of summons in relation to actions in personam, in rem, and
quasi-in rem
5. Voluntary appearance
6. Service in person of defendant
7. Substituted service [at defendant’s residence, office or regular place of business,
officers of homeowners’ association or condominium corporation, chief security
officer in charge, by electronic mail]
8. Service upon
a. entity without juridical personality
b. prisoners

3
 c. consistent with international conventions (15 November 1965 on the service
Abroad of Judicial and Extrajudicial Documents in Civil and Commercial
Matters)
d. minors and incompetents
e. spouses (relate to Sec. 4, Rule 3)
f. domestic private juridical entity
g. Foreign private juridical entity
h. Public corporations
i. Defendant whose identity or whereabouts unknown
j. Residents temporarily out of the Philippines
9. Duty of counsel of record
10. Extraterritorial service, when allowed
11. Service by publication
12. Return
I. Motions (RULE 15)
1. Motions versus pleadings
2. Non-litigious motions
3. Litigious motions [notice and hearing on litigious motions discretionary]
4. Prohibited motions
5. Omnibus motion
6. Dismissal with prejudice
J. Dismissal of actions (RULE 17)
1. Dismissal upon notice by plaintiff; two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to fault of plaintiff
K. Pre-trial (RULE 18)
1. When conducted
2. Nature and purpose
3. Notice of pre-trial Strictly Private and Confidential

4. Appearance of parties; effect of failure to appear

5. Pre-trial brief; effects of failure to file
6. Pre-trial Order
7. Distinction between pre-trial in civil cases and in criminal cases
8. Court Annexed Mediation (CAM)
9. Judicial Dispute Resolution (JDR)
10. Judgment after pre-trial
L. Intervention (RULE 19)
M. Calendar of cases (RULE 20)
N. Subpoena (RULE 21)
O. Computation of time (RULE 22)
P. Modes of discovery
1. Depositions pending action (RULE 23)
2. Depositions before action or pending appeal (RULE 24)
3. Interrogatories to parties (RULE 25)
4. Admission by adverse party (RULE 26)
5. Production or inspection of documents or things (RULE 27)
6. Physical and mental examination of persons (RULE 28)
7. Consequences of refusal to comply with modes of discovery (RULE 29)
Q. Trial (RULE 30)
1. Continuous trial
2. Adjournments and postponements
3. Order of trial
4. Oral offer of exhibits
R. Consolidation or severance of trial (RULE 31)
S. Demurrer to evidence (RULE 33)
1. Effect of denial or grant of demurrer
2. Denial of demurrer not subject to appeal or petition for certiorari

4
 3. Waiver of right to present evidence
4. Demurrer to evidence in civil cases versus demurrer to evidence in criminal cases
T. Judgment on the pleadings (RULE 34)
U. Summary judgments (RULE 35)
V. Post-judgment remedies
1. Motion for new trial (RULE 37)
2. Motion for reconsideration (RULE 37)
a. Remedy when motion for new trial or reconsideration is denied
b. Fresh period rule
3. Appeal
a. Judgments and Final Orders Appealable
b. Matters not appealable
c. Modes of appeal
d. Period to appeal
e. Perfection of appeal
f. Issues to be raised
g. Appeal from judgments or final orders of the Municipal Trial Courts to the
Regional Trial Court (RULE 40)
h. Appeal from judgments or final orders of the Regional Trial Courts (RULE 41)
i. Petition for review from the Regional Trial Courts to the Court of Appeals (RULE
42)
j. Review of final judgments or final orders of quasi-judicial bodies (RULE 43)
k. Appeal by certiorari to the Supreme Court (RULE 45)
l. Review of Judgments or Final Orders of the Commission on Audit and
Commission on Elections (Rule 64)
m. Dismissal, Reinstatement, and Withdrawal of Appeal
4. Petition for Relief from Judgment (Rule 38)
5. Annulment of Judgment (Rule 47)
6. Collateral Attack on Judgments Strictly Private and Confidential

W. Execution, satisfaction, and effect of judgments (RULE 39)

1. Difference between finality of judgment for purposes of appeal; for purposes of
execution
2. When execution shall issue (execution as a matter of right; discretionary execution)
3. Issuance, form and contents of a writ of execution
4. How a judgment is executed
a. By motion or independent action
b. Execution of judgments for money
c. Execution of judgments for specific acts
d. Execution of special judgments
e. Requisites before demolition order is issued
f. Effect of levy on third persons
5. Properties exempt from execution
6. Proceedings where property is claimed by third persons
7. Effect of judgment or final orders
8. Aspects of res judicata
a. Bar by prior judgment
b. Conclusiveness of judgment
9. Enforcement and effect of foreign judgments or final orders

IV. PROVISIONAL REMEDIES

A. Nature and purpose
B. Preliminary attachment (RULE 57)
1. Grounds for issuance
2. Requisites; issuance and contents of order of attachment; affidavit and bond
C. Preliminary injunction (RULE 58)
1. Definitions and differences: preliminary injunction, temporary restraining order, and
status quo ante order

5
 2. Requisites of preliminary injunction, temporary restraining order
3. Kinds of injunction
4. Grounds for issuance of preliminary injunction
D. Replevin (RULE 59)
E. Support pendente lite (RULE 61)

V. SPECIAL CIVIL ACTIONS

A. Ordinary civil actions and special civil actions

B. Interpleader (RULE 62)
C. Declaratory reliefs and similar remedies (RULE 63)
D. Certiorari, prohibition, and mandamus (RULE 65)
1. Requisites, when and where to file
2. Effects of filing of an unmeritorious petition
E. Quo warranto (RULE 66)
1. Distinction between quo warranto under Rule 66 and under the Omnibus Election
Code
F. Expropriation (RULE 67)
1. Stages of Expropriation
2. When plaintiff can immediately enter into possession of the real property in relation
to RA 10752 (The Right of Way Act)
3. Ascertainment of just compensation
G. Foreclosure of real estate mortgage (RULE 68)
1. Judicial foreclosure
2. extrajudicial foreclosure (Act 3135)
H. Partition (RULE 69)
I. Forcible entry and unlawful detainer (RULE 70)
J. Contempt (RULE 71)
1. Kinds of contempt (Direct and Indirect)
Strictly Private and Confidential

2. How contempt proceedings commenced

3. Where to file
4. Penalties and remedies against direct and indirect contempt
5. Contempt against quasi-judicial bodies

CRIMINAL PROCEDURE

A. General Matters
1. Criminal jurisdiction
2. Jurisdiction over subject matter and jurisdiction over person of the accused
3. When injunction may be issued to restrain criminal prosecution
B. Prosecution of offenses (RULE 110)
1. Criminal actions, how instituted
2. Effect of the institution of the criminal action on the prescriptive period
3. Who may prosecute; crimes that cannot be prosecuted de officio
4. Intervention of private offended party
5. Control of prosecution
6. Complaint and Information; sufficiency
7. Date of commission of the offense
8. Designation of offense; qualifying and aggravating circumstances
9. Name of the accused; name of the offended party
10. Amendment and Substitution of complaint or information
11. Duplicity of the offense
C. Prosecution of civil action (RULE 111)
1. Implied institution of civil action with criminal action
2. Independent civil actions
3. No reservation of civil action in BP Blg 22

6
 4. Effect of death of the accused on civil action
5. Prejudicial Question
6. Effect of acquittal or extinguishment of criminal action on the civil liability
D. Preliminary investigation (RULE 112)
1. Nature and purpose
2. Determination of existence of probable cause
3. Resolution of investigating prosecutor
4. Non-interference of the court in finding probable cause by prosecutor; exceptions
5. Right to bail pending preliminary investigation
6. Inquest proceedings
7. Effect of absence of preliminary investigation
8. Withdrawal of Information
E. Arrest (RULE 113)
1. Arrest, how made
2. Requisites for the issuance of a warrant of arrest
3. Arrest without warrant, when lawful
4. Method of arrest (By officer with warrant, By officer without warrant, By private
person)
5. Rules on the Use of Body-Worn Cameras in the Execution of Warrants (A.M. No.
21-06-08)
6. Waiver of objection on the irregularity of arrest
F. Bail (RULE 114)
1. When a matter of right; exceptions
2. When a matter of discretion
3. Where filed
4. Application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail-negating circumstances
7. Remedy when bail denied Strictly Private and Confidential

8. Forfeiture of bail
G. Rights of the accused (RULE 115)
1. Rights of accused at the trial
2. Rights of the persons under custodial investigation
H. Arraignment and plea (RULE 116)
1. Purpose
2. Plea of guilty to a lesser offense
3. Plea of guilty to capital offense
4. Plea of guilty to a non-capital offense
5. Bill of particulars
6. Suspension of arraignment
I. Motion to quash (RULE 117)
1. Grounds
2. Double jeopardy
3. Provisional dismissal
J. Pre-trial (RULE 118)
1. Pre-trial agreement
2. Non-appearance at pre-trial conference
3. Pre-trial order
4. Cases for mediation on the civil liability
K. Trial (RULE 119)
1. Trial in absentia
2. Remedy when accused is not brought to trial within the prescribed period
3. Conditional examination of witness for the prosecution/defense
4. Requisites for discharge of accused as state witness
5. Demurrer to evidence
6. Reopening of the proceedings
L. Judgment (RULE 120)

7
 1. Requisites of a valid judgment
2. Rule if accused fails to appear at the promulgation of judgment
3. Promulgation of judgment; instances of promulgation of judgment
in absentia
M. New trial or reconsideration (RULE 121)
N. Appeal (RULE 122)
1. Modes of appeal
2. Period to appeal
3. Who may appeal
4. Where to appeal
5. Effect of appeal
6. Appeal from the civil aspect
7. Grounds of dismissal of appeal
O. Search and seizure (RULE 126)
1. Nature of search warrant
2. Requisites for the issuance of search warrant
3. Probable cause in search warrant
4. Extent of the search
5. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
b. Search of moving vehicles
c. Search of a passenger bus
d. Check points
e. Airport frisking
f. Buy bust operations
g. Plain view
h. Stop and frisk (Terry searches)
i. Consented searches
6. Search of a government-controlled detention facility
Strictly Private and Confidential

7. Effect of an illegal search and seizure

8. Quashing a search warrant
9. Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)
10. Rule on Administrative Search and Inspection under The Philippine Competition
Act (A.M. No. 19-08-06-SC)
11. Rules on the Use of Body-Worn Cameras in the Execution of Warrants (A.M. No.
21-06-08-SC)
P. Provisional Remedies in Criminal Cases (RULE 127)
1. Hold-departure order
2. Precautionary Hold-departure Order (A.M. No. 18-07-05-SC)

SPECIAL PROCEEDINGS

A. Settlement of estate of Deceased Persons

1. Venue and Jurisdiction (Rule 73)
2. Extrajudicial (Rule 74)
3. Judicial
a. Summary settlement of estate of small value (Rule 74)
b. Intestate - Petition for letters of Administration (Rule 78)
c. Testate
i. Petition for Allowance of Will and Letters Testamentary (Rules 75-79)
ii. Petition for Allowance of Will and for Letters of Administration with Will
Annexed (Rules 75-79)
4. Production and Probate of Will (Rule 75)
5. Allowance or Disallowance of Will (Rule 76)
6. Letters of Testamentary and of Administration (Rule 78)
7. Claims against the Estate (Rule 86)

8
 8. Payment of Debts of the Estate (Rule 88)
9. Distribution and Partition (Rule 90)
B. Guardianship (Rules 92-97)
C. Writ of Habeas Corpus (Rule 102)
D. Writ of Habeas Corpus in Relation to Custody of Minors (A.M. No. 03-04-04-SC)
E. Writ of Amparo (AM No. 07-9-12-SC)
F. Writ of Habeas Data (A.M. No. 08-1-16-SC)
G. Change of Name (Rule 103)
H. Cancellation or Correction of Entries (Rule 108)
I. Clerical Error Act and its Implementing Rules (RA 9048, as amended by RA 10172)
J. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
1. Temporary Environmental Protection Order (TEPO)
2. Writ of Continuing Mandamus
3. Writ of Kalikasan

EVIDENCE

A. General Provisions and Principles (RULE 128)

1. Definition of evidence
2. Scope of the Rules on Evidence
3. Proof versus evidence
4. Factum probans versus factum probandum
B. Liberal construction of the Rules on Evidence
C. Judicial notice and judicial admissions (RULE 129)
1. What need not be proved; matters of judicial notice
2. Judicial admissions
3. Judicial notice of foreign laws, law of nations and municipal ordinance
D. Admissibility of evidence (RULE 130)
1. Requisites for admissibility of evidence
Strictly Private and Confidential

2. Relevance of evidence and collateral matters

3. Multiple admissibility
4. Conditional admissibility
5. Curative admissibility
6. Direct and circumstantial evidence
7. Positive and negative evidence
8. Competent and credible evidence
E. Weight and Sufficiency of Evidence (RULE 133)
1. Proof beyond reasonable doubt
2. Preponderance of evidence
3. Substantial evidence
4. Clear and convincing evidence
F. Object (real) evidence (RULE 130)
1. Requisites for admissibility
2. Categories of object evidence
3. Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs
Act of 2002, as amended
4. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
G. Documentary evidence (RULE 130)
1. Meaning of documentary evidence
2. Requisites for admissibility
3. Original Document Rule
a. When applicable
b. Meaning of original
c. Requisites for introduction of secondary evidence
4. Parol Evidence Rule
5. Interpretation of documents

9
 6. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
a. Scope; coverage; meaning of electronic evidence; electronic data message
b. Probative value of electronic documents or evidentiary weight; method of
proof
c. Authentication of electronic documents and electronic signatures
d. Audio, photographic, video and ephemeral evidence
7. Authentication and proof of documents (RULE 132)
a. Meaning of authentication
b. Public and private documents
H. Testimonial evidence (RULE 130)
1. Qualifications of a witness
2. Competency and credibility of a witness
3. Disqualifications of witnesses
a. By reason of marriage
b. By reason of privileged communications
4. Testimonial privilege
a. Parental and filial privilege
b. Privilege relating to trade secrets
5. Examination of a witness
a. Rights and obligations of a witness
b. Order in the examination of an individual witness
c. Leading and misleading questions
d. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
6. Admissions and confessions
a. Res inter alios acta rule
b. Admission by a party
c. Offer of Compromise
d. Admission by a third party
e. Admission by a co-partner or agent
Strictly Private and Confidential

f. Admission by a conspirator
g. Admission by privies
h. Admission by silence
i. Confession
j. Similar acts as evidence
7. Hearsay Rule
a. Hearsay distinguished from lack of firsthand knowledge
b. Reason for exclusion of hearsay evidence
c. Exceptions to the hearsay rule
i. Dying declaration
ii. Statement of decedent or person of unsound mind
iii. Declaration against interest
iv. Act or declaration about pedigree
v. Family reputation or tradition regarding pedigree
vi. Common reputation
vii. Part of the res gestae
viii. Records of regularly conducted business activity
ix. Entries in official records
x. Commercial lists and the like
xi. Learned treaties
xii. Testimony or deposition at a former proceeding
xiii. Residual exception
8. Opinion rule
a. Opinion of expert witness
b. Opinion of ordinary witness
9. Character evidence
a. Criminal cases

10
 b. Civil cases
c. In criminal and civil cases
10. Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
I. Burden of proof and burden of evidence (RULE 131)
J. Presumptions (RULE 131)
1. Conclusive presumptions
2. Disputable presumptions
K. Offer and objection (RULE 132)
1. Offer of evidence
2. When to make an offer
3. Objection
4. Tender of excluded evidence

LEGAL ETHICS

A. Practice of Law
1. Basic Concepts
a. Definition
Cf. Cayetano vs. Monsod, G.R. 10013, 3 September 1991, 201 SCRA 210 (1991)
b. A mere privilege and not a right (Cf. Section 1, Canon III, CPRA; also Sec. 1,
Rule 138, Rules of Court, as amended)
c. Law as a profession not a business or trade
2. Supervision and Control of the Legal Profession
3. Requirements for Admission to Legal Practice (Sec. 2, Rule 138, Rules of Court, as
amended)
a. Legal Education
i. Pre-Law
ii. Law Proper: Rule 138, Sec. 5, Rules of Court as amended by B.M. 1153, 9
Strictly Private and Confidential

March 2010
iii. Republic Act (RA) 7662 (1993) — Legal Education Reform Act
b. Citizenship
i. Constitution, Art. IV, secs. 3-5; Art. Xll, sec. 14(2)
ii. RA 9225 (2003) — Dual Citizenship Act
c. Good Moral Character as a Prerequisite to Bar Admission
d. Bar Examinations
i. Rules of Court 138, Sections 7-16
e. The Revised Lawyer's Oath, as promulgated by the Supreme Court last 11 April
2023 repealing the oath found in Rule 138 of the Rules of Court, as amended.
f. Signing of the Roll (Sec. 19, Rule 138, Rules of Court, as amended)
4. Continuing Requirements for Membership in the Bar
5. Authorized representation by non-Lawyers
a. Law Student Practice Rule (Rule 138-A, as amended by A.M. 19-03-24-SC, 25
June 2019
b. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies or
Arbitration Tribunals
i. Act 2259 (Cadastral Act), Sec. 9
ii. Labor Code, Art. 222, as renumbered
iii. Department of Agrarian Reform Adjudication Board (DARAB) — RA 6657
as amended by RA 9700
iv. Local Government Code (RA 7160 [1991]), Sec. 415
v. Rules of Procedure for Small Claims Cases, (Cf. Sec. 17, Rule IV, A.M. 08-
8-7-SC Rules on Expedited Procedures in The First Level Courts, effective
11 April 2022
vi. Secs. 22 and 33, R.A. 9285, The Alternative Dispute Resolution Act of 2004
c. Proceedings where Lawyers are Prohibited to appear as counsels

11
 i. Local Government Code (RA 7160 [1991]), Sec. 415
ii. Rules of Procedure for Small Claims Cases, (Cf. Sec. 18, Rule IV, A.M. 08-
8-7-SC Rules on Expedited Procedures in The First Level Courts, effective
11 April 2022
6. Public Officials Prohibited to Engage in the Private Practice of Law
a. President, Vice-President, Members of the Cabinet, their deputies and assistants
(Cf., Constitution, Article VII, Sec. 13)
b. Members of the Constitutional Commissions, (Cf. Const. Article IX-A, Sec. 2)
c. Ombudsman and their deputies, (Const., Art. IX, Sec. 8, 2nd par.)
d. Judges and court employees of superior courts (Sec. 11, Canon IV, 2004 Code
of Judicial Conduct)
e. All governors, city and municipal mayors (RA 7160, Sec. 90[a])
f. All other government officials and employees (Section 7(b)(2), RA 6713, in
relation to Memorandum Circular 17, series of 1986 of the Office of the
President and Section 12, Rule XVIII of the Revised Civil Service Rules
7. Lawyers with Limitations to their Legal Practice
a. Members of Congress who are lawyers
b. Vice Governor, Vice-Mayor, members of the local sanggunian (RA 7160, Sec.
90[b])
c. Government lawyers authorized to engage in limited law practice
d. Retired Judges and Justices (RA 910, as amended, Sec. 1)
e. The rules on Small Claims and Katarungang Pambarangay
f. Former government lawyers cannot engage in the private practice of law within
one year from resignation, retirement, or separation from public office in
connection with any matter before the office he used to be with. (RA 6713, Sec.
7[b])
8. Privileges of a lawyer
9. Unauthorized Practice of Law
a. Penalties for such unauthorized practice
Strictly Private and Confidential

B. Lawyers’ Professional Duties and Responsibilities under the Code of Professional

Responsibility and Accountability [Cf. A.M. 22-09-01-SC, 11 April 2023]
a. The overall intent for Filipino lawyers to be “lawyers possessed of integrity.”
(Preamble)

CANON I. Independence

A. Concept of Lawyer’s Independence

B. Duty to make independent, accessible, efficient and effective legal service (Sec. 1)
C. Duty to lead a merit-based legal practice (Sec. 2)
D. Duty to be freedom from improper considerations and external influences (Sec. 3)
E. Duty not to allow interference in any matter before a court or tribunal (Sec. 4)
F. Lawyer’s duty and discretion in procedure and strategy (Sec. 5)

CANON II. Propriety

A. Concept of Lawyer’s Propriety

B. Duty to act with propriety in personal and professional dealings (Secs. 1 to 10)
C. Prohibition against false representations or statements; duty to correct and report (Secs.
11-14, 16)
D. Prohibition against claim of influence or familiarity, solicitation, self-promotion or self-
aggrandizement (Secs. 15, 17-19)
E. Duty to disclose relationship or connection (Secs. 20 to 23)
F. Duty to respect another lawyer’s engagement (Secs. 24 to 25)
G. Concept of a Law firm (Sec. 26)
H. Duty of Lawyers in government service (Secs. 27-30)

12
 I. Duty of Public Prosecutors (Sec. 31)
J. Duty of Lawyers in the Academe (Secs. 32-33)
K. Duty of Lawyers who supervise Paralegals (Secs. 34-35)
L. Responsible use of social media (Secs. 36-44)

CANON III – Fidelity

A. Concept of Lawyer’s Fidelity

B. Duty to uphold the Constitution, obey the laws of the land, promote respect for laws and
legal processes, safeguard human rights, and at all times advance the honor and integrity
of the legal profession (Sec. 2)
C. Definition of the lawyer-client relationship (Sec. 3)
D. Duties as officers of the court and in the administration of justice (Secs. 7-9, 23 and 26)
E. Duty to avoid laboring under Conflict of interest (Secs. 13-22)
F. Responsibilities of law firms and legal clinics; supervisory and supervised lawyers
(Secs. 10-12, 40)
G. Lawyer’s duty of loyalty regarding client’s confidences and secrets (Secs. 27-32)
H. Concept of and Rules on Limited Legal Services (Sec. 35-39)
I. Lawyer’s right to Compensation; Fees and Liens (Secs. 41-47)
J. Lawyer’s duty of loyalty regarding client’s funds and properties (Secs. 49-52, 56)
K. Termination of Lawyer’s Engagement (Secs. 53-56)

CANON IV – Competence and Diligence

A. Duty to provide competent, efficient and conscientious legal services (Secs. 1, 2, 4, 6, and
8)
B. Specific duties owed relating to competence
1. Punctuality in all appearances, punctuality in delivering legal services (Sec. 3)
Strictly Private and Confidential

2. Explaining viable options (Sec. 5)

3. Giving case status updates, particularly milestones (Sec. 6)
C. Practice of law concurrent with another profession (Secs. 9 and 10)

CANON V – Equality

A. Policy of non-discrimination (Secs. 1 and 4)

B. Duty to be mindful and sensitive in providing affirmative action in favor of vulnerable
persons (Secs. 2 and 3)

CANON VI – Accountability

A. Nature of disciplinary proceedings against lawyers (Sec. 1)

1. How instituted (Secs. 2 and 30)
2. Proceedings against a government lawyer (Sec. 6)
3. Proceedings against members of the judiciary (Sec. 2)
4. Preventive suspension (Sec. 31)
5. Quantum and burden of proof (Sec. 32)
6. Executory nature of the decision or resolution (Sec. 43)
7. Sworn statement after service of suspension (Secs. 45-46)
8. Judicial Clemency (Secs. 47-51)
9. Prohibition against employment of disbarred or suspended lawyer (Sec. 52)
B. General Provisions of the CPRA
1. The Repealing and Effectivity Clause
C. The 2004 Rules on Notarial Practice, A.M. 02-8-13-SC, promulgated 5 July 2004.
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public

13
 3. Powers and Limitations
4. The Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions that may be imposed
8. 2020 Interim Rules on Remote Notarization of Paper Documents, A.M. 20-07-04-
SC, 14 July 2020

JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct in the Philippine Judiciary (A.M. 03-05-01-SC,
effective 1 June 2004)
a. The Bangalore Draft and the Bangalore Agreement
b. Role of the JBC in Judicial Appointments
2. Code of Judicial Conduct

B. Qualities of a Judge or Justice (based on the 2004 New Code of Judicial Conduct)
1. Canon 1: Independence (Secs. 1-8)
2. Canon 2: Integrity (Secs. 1-3)
3. Canon 3: Impartiality (Secs. 1-4)
4. Canon 4: Propriety (Secs. 1-15)
a. Conditions for Judges/Justices to engage in business (Rule 5.02, Canon 5, 1989
Code of Judicial Conduct; also Rule 5.04 of the same Code)
b. Conditions for Judges to Teach (A.M. 13-05-05-SC implemented by OCA 218-
2019)
5. Canon 5: Equality (Secs. 1-5)
6. Canon 6: Competence and Diligence (Secs. 1-7)
a. Rev. Rules of Court, Rule 140 as amended by A.M. 01-8-14-SC, effective 1
Strictly Private and Confidential

October 2001

C. Disqualification of Judicial Officers

1. Compulsory vs. Voluntary Disqualification
a. Cf. Rules of Court, as amended, Rule 137, Sec. 1
b. 2004 New Code of Judicial Conduct, Canon 3, Sec. 5
c. Remittal of Disqualification (2004 New Code of Judicial Conduct, Canon 3,
Sec. 6, Canon 3

D. Judicial Discipline and Clemency

1. Cf. P.D. 828, as amended by P.D. 842
2. Rule 140, Rules of Court
3. Impeachment of Supreme Court Justices
4. Discipline of Erring Appellate Justices and Lower Court Judges
a. Procedure for the Discipline of Erring Judges/Justices
i. Cf. Administrative Matter 02-9-02-SC
b. Imposable Penalties
c. Grounds for Judicial Clemency

PRACTICAL EXERCISES

A. Demand Letters
B. Sale Documents of either Real or Personal Properties
C. Lease Contract
D. Special Power of Attorney to Sell a Realty or Appear in Pre-trial
E. Verification and Certification Against Forum Shopping
F. Preliminary Statements and Attestations in Judicial Affidavits
G. Notarial Acts

14
 1. Jurat
2. Acknowledgment
3. Copy Certification
H. Motions
1. To Dismiss
2. To Declare Defendant in Default
3. Execution of Judgment
I. Quitclaims in Labor Cases
J. Information in Criminal Cases
1. Consummated Crimes
2. Frustrated Crimes
3. Attempted Crimes

- - NOTHING FOLLOWS - -

Strictly Private and Confidential

15