Professional Documents
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POLITICAL AND INTERNATIONAL LAW 1. Is it about a GENERAL PRINCIPLE?
2. Is it about AAs per se, DEFINITION, CREATION, or KINDS?
3. Is it about the three POWERS of AAs?
Who taught you this? Dean Cande or Agra OR Is it about the (I-VIII; XIII-XV)
Constitution, (IX) Public Officer, (X) Administrative, (XI) Election, (XII) Local 3.1. Is it about RULE-MAKING?
3.1.1. Is it about the KINDS?
Government, or (XVI) International Law?
3.1.2. REQUISITES?
I. CONSTITUTION 3.2. ADJUDICATORY?
1. Is it just a basic PRELIMINARY question about the Constitution OR our 3.3. INVESTIGATORY?
Government? 4. Is it about a JUDICIAL REVIEW of AA decisions?
2. Is it about a constitutionally created body?
2.1. Is it about the THREE (3) BRANCHES OF GOVERNMENT? Make a IV. ELECTION
> Pre-election
comparative table
2.2. Is it about the CONSTITUTIONAL COMMISSIONS? Make a 1. Is it about the RIGHT TO SUFFRAGE?
comparative table 1.1. Is it about QUALIFICATIONS/DISQUALIFICATIONS OF VOTERS?
1.2. Is it about VOTER’S REGISTRATION?
3. Is it about a RIGHT of people in relation to the State? Watch out for the Bill of
Rights baby! It’s coming. ConstiII powers! 1.3. Is it about INCLUSION/EXCLUSION?
2. Is it about the CANDIDATES? what phase of the election is it?
3.1. Is it about our fundamental rights?
3.2. Is it about our NATURAL RESOURCES, including business and trade 2.1. Is it from a REGISTERED POLITICAL PARTY?
resources? 2.2. Is it QUALIFIED?
2.3. Was a COC filed?
3.3. Is it about SOCIAL JUSTICE or the CHR?
3.4. Is it about ACADEMIC FREEDOM? 3. Is there a valid CAMPAIGN?
> Election proper
4. FILIPINO ba siya?
4. Is it about the COMELEC?
II. PUBLIC OFFICER 4.1. Is it about the BEI or BOC?
Public office is a public trust! > All phases
1. Is it about a GENERAL PRINCIPLE? 5. Is there a REMEDY for the election anomaly?
5.1. Is it civil?
2. Is the person qualified and ELIGIBLE to be a public officer?
3. Is the person a PUBLIC OFFICER? 5.2. Is it criminal?
6. Is it about AUTOMATION?
a. DE JURE or DE FACTO?
b. Is the PO an ELECTIVE or APPOINTIVE?
i. Is the appointed COMPETITIVE or NON-COMPETITIVE? V. LOCAL GOVERNMENT
Bulwarks ftw!
Based on the above classifications
4. Is the public officer LIABLE? 1. Is it about public corporations IN GENERAL?
2. Is it about MUNICIPAL CORPORATIONS?
5. Is there a ground for DISCIPLINARY ACTION?
6. Is there a ground for TERMINATION? 3. Is it about LOCAL AUTONOMY?
7. Which body had the proper jurisdiction, ADMINSTRATIVE OR JUDICIAL? 4. Is it about the POWER OF AN LGU?
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LABOR LAW AND SOCIAL LEGISLATION
1. Is there an EER? under Labor Relations, but will dictate applicability
1.1. What KIND of employment?
2. Is it just a BASIC PRINCIPLE in Labor Law? think of “I. Fundamental Principles
and Concepts”, so Consti, and Civil Code besides which are precedent to the
Labor Code 😊
3. Is it about LABOR STANDARDS or LABOR RELATIONS or REMEDIES? Who
taught you this, Cadiz or Azuceña/Manuel?
I. LABOR RELATIONS
1. Under the issue of EER, is it a CONTRACTED/SUBCONTRACTED
job?
2. Is there an issue on MANAGEMENT PREROGATIVE?
3. Is there an issue on the RIGHT TO SELF-ORGANIZATION of
employees?
3.1. Including the RIGHT TO STRIKE?
4. Is there a ground for TERMINATION or an ILLEGAL DISMISSAL?
4.1. BY EMPLOYEE
4.2. BY EMPLOYER
4.3. by RETIREMENT
4.4. only PREVENTIVE SUSPENSION
III. PROPERTY
1. Is a REAL/IMMOVABLE or PERSONAL/MOVABLE?
2. What is the PROPERTY RIGHT involved?
3. Is there an ACQUISITION of property?
3.1. By SUCCESSION
3.1.1. Is it an INTESTATE or TESTATE succession?
3.2. By DONATION
3.3. By PRESCRIPTION
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MERCANTILE LAW 2. FOREIGN INVESTMENTS ACT – is there an investment by a non-
Philippine national in the Philippines?
Justice Hernando is the savior. 3. ELECTRONIC COMMERCE ACT – is there any data message and
electronic document used in a commercial/non-commercial activity?
4. PHILIPPINE COMPETITION ACT – Is there an act that would prevent,
Rundown of Commercial law topics!
restrict, or lessen competition in the market?
5. FINANCIAL REHABILITATION AND INSOLVENCY ACT – Is it about
I. LETTERS OF CREDIT – Is there a written instrument for the payment of
the solvency of a debtor?
another’s contract of sale?
X. SPECIAL LAWS
1. ANTI-MONEY LAUNDERING – does it involve any monetary
instrument/property from an unlawful activity?
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CRIMINAL LAW
Your element! CRIIIM!!!
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REMEDIAL LAW 1.2. Over the PARTIES? Plaintiff and defendant
1.3. Over the ISSUE? According to the pleadings filed
Justice De Leon mind. 1.4. Over the RES/PROPERTY OR THING IN LITIGATION?
c. Venue
What is the main topic? d. Parties
> GENERAL PRINCIPLE OR JURISDICTION – separable topics in your brain! 2. Is it a basic principle of an ACTION?
> CIVIL PROCEDURE – Damages! 3. At what stage of the proceeding is the issue?
> PROVISIONAL REMEDIES – there are only 5!, but forget about SUPPORT 4. What RULE/group of rules is involved? Yeah boy memorized niya
PENDENTE LITE > CAUSE OF ACTION
> SPECIAL CIVIL ACTIONS – there are only 10! Say (inter)please(der) > PARTIES TO AN ACTION
> SPECIAL PROCEEDINGS – Booooomsri! 8 proceedings for the coverage; > VENUE
forget about the outdated Rules > PLEADINGS
> CRIMINAL PROCEDURE – accused! accused! - In general
> EVIDENCE – Arroyooo! 3 kinds! - FILING
- AMENDMENT
I. GENERAL PRINCIPLES > SUMMONS
Does it ask about the law or the courts? > MOTIONS
> LAW: substantive and remedial - In general
> COURTS - BILL OF PARTICULARS
1. Should it be distinguished from the JUDGE? - MOTION TO DISMISS
2. Is it about the RULE-MAKING POWER OF SC > DISMISSAL OF ACTIONS
3. Is it about the CLASSIFICATION of courts? > PRE-TRIAL
4. Is it about JUDICIAL HIERARCHY? > INTERVENTION
5. Is on the DOCTRINE OF NON-INTERFERENCE or JUDICIAL > SUBPOENA
STABILITY? > MODES OF DISCOVERY
> TRIAL
II. JURISDICTION – as to what? > DEMURRER TO EVIDENCE
> COURT > JUDGMENTS AND FINAL ORDERS
> PARTIES > POST-JUDGMENT REMEDIES
> SUBJECT MATTER - MOTION FOR NEW TRIAL OR RECONSIDERATION
> ISSUE - APPEALS
> RES or PROPERTY IN LITIGATION - ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
> SMALL CLAIMS RESOLUTION
> SUMMARY > EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
> BARANGAY CONCILIATION
> TOTALITY RULE IV. PROVISIONAL REMEDIES
1. PRELIMINARY ATTACHMENT
III. CIVIL PROCEDURE 2. PRELIMINARY INJUNCTION
1. Civil Procedure Check-up: 3. RECEIVERSHIP
a. Cause of Action 4. REPLEVIN
b. Jurisdiction – [SPIR]
1.1. Over the SUBJECT MATTER? Conferred by law
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V. SPECIAL CIVIL ACTION > BAIL
1. INTERPLEADER > ARRAIGNMENT AND PLEA
2. DECLARATORY RELIEF AND SIMILAR REMEDIES > MOTION TO QUASH
3. REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE > PRE-TRIAL
COMELEC AND COA > TRIAL
4. CERTIORARI, PROHIBITION, AND MANDAMUS > JUDGMENT
5. QUO WARRANTO > NEW TRIAL OR RECONSIDERATION
6. EXPROPRIATION > APPEAL
7. FORECLOSURE OF REAL ESTATE MORTGAGE > SEARCH AND SEIZURE
8. PARTITION > PROVISIONAL REMEDIES
9. FORCIBLE ENTRY AND UNLAWFUL DETAINER
10. CONTEMPT VIII. EVIDENCE
1. Is it a basic principle in EVIDENCE?
VI. SPECIAL PROCEEDINGS 2. What kind of evidence is at issue?
1. SETTLEMENT OF ESTATE – is about a decedent’s property? 2.1. Is the evidence ADMISSIBLE or NEED NOT BE PROVED?
2. TRUSTEES – is there a person appointed by the court to carry into effect a will or > OBJECT
written instrument? > DOCUMENTARY
3. ESCHEAT – is there a person who dies intestate without a heir? > TESTIMONIAL
4. GUARDIANSHIP – is there an appointed person to safeguard the rights/interests 3. Is the evidence properly OFFERED/OBJECTED?
of a minor/incompetent person? 4. Is it an ELECTRONIC EVIDENCE? Applies to criminal cases according to
5. WRITS – study the table! jurisprudence (as far as you’ve read lel)
5.1. HABEAS CORPUS – think of illegal confinement/detention, thus, deprived of 5. Is it a JUDICIAL AFFIDAVIT? In lieu of direct testimonies
liberty/custody
5.2. AMPARO – think of EJKs and enforced disappearances (-make a table re: jurisdiction; prohibited pleadings; special procedures-)
5.3. HABEAS DATA – data privacy in life, liberty, or security
6. CHANGE OF NAME – is it a substantial or merely a typographical error? IX. BARANGAY CONCILIATION – Is it a dispute between/among
7. ABSENTEES – disappears, no whereabouts, and no agent, plus a specific persons residing in the same barangay/ different barangays but
period of time for certain purposes same city/municipality?
8. CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY –
study in relation to change of name X. SUMMARY PROCEDURE
1. Is it a case subject to a SUMMARY PROCEDURE?
VII. CRIMINAL PROCEDURE 2. Is the pleading/motion ALLOWED/ PROHIBITED?
1. Is it a basic principle in criminal actions? 3. Did the party filed an ANSWER?
2. Are the requisite JURISDICTION present? 4. Is it about the PRELIMINARY CONFERENCE and APPEARANCES?
2.1. Over the SUBJECT MATTER?
2.2. Over the TERRITORY?
2.3. Over the PERSON OF THE ACCUSED?
3. At what stage of the proceeding is the issue?
4. What RULE/group of rules is involved? Yeah boy, memorized again!
> PROSECUTION
> PRELIMINARY INVESTIGATION
> ARREST
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XI. SMALL CLAIMS CASES - Is it a pure money claim not exceeding
Php200,000, exclusive of interest and cost?
1. Is it about the PROCEDURE in SCC?
> COMMENCEMENT/RESPONSE
> APPEARANCES
> HEARING/DUTY OF JUDGE
> FINALITY OF JUDGMENT
2. Is the pleading/motion ALLOWED/ PROHIBITED?
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LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES III. Legal Ethics
Is the person already a lawyer?
> NO
What the heck is wrong with the people?
1. Is it about ADMISSION TO THE BAR?
(III) PRACTICAL EXERCISES – pito lang yan! [QVNSNAP]
2. Is it about LAW STUDENTS?
(II) JUDICIAL ETHICS – think of Justices and Judges
3. Is it about a NON-LAWYER, not a law student?
(I) LEGAL ETHICS – law profession, in general; if none of the above 😊 > YES
1. Is it about a CONFLICT OF PROFESSION?
I. Practical Exercises 2. Is it about the FOUR (4) DUTIES OF A LAWYER? [SPCC]
1. Is it for a quitclaim in a labor case? 3. Is there a ground for DISCIPLINARY ACTION?
2. Is it for a verification and CONFS? 4. Is it about MCLE?
3. Is it for a notice of hearing? For what court? 5. Is it about NOTARY PUBLIC?
4. Is it for a simple contract? > NOT ANYMORE
> Contract of Lease 1. Can the person be READMITTED?
> Contract of Sale of a real property
> Contract of Sale of a personal property
5. Is it for notarial certification, a jurat and acknowledgment?
6. Is it for an affidavit?
> Affidavit of Loss
> Affidavit of Change of Name
> Judicial Affidavit
7. Is it for a promissory note?
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