Lawyers' Lounge 101

Pointers on Instituting Small Claims Cases

2012-07-26T23:46:00.000-07:00

The Supreme Court has implemented a amended set of rules of procedure governing small claims cases. Said amended rules applies only to the following all cases where the recoverable amount does not exceed Php100,000.00, which are:

(a) purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect
of criminal actions, either filed before the institution of the criminal action, or reserved
upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules
Of Criminal Procedure.

These claims or demands may be:
(a) For money owed under any of the following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;

(b) For damages arising from any of the following:

1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable settlement or an arbitration
award involving a money claim covered by this Rule pursuant to Sec. 417
1 SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC
of Republic Act 7160, otherwise known as the Local Government Code of
1991.

A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim
(Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of
additional evidence.

No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.

Further, the plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00.

Appearance of Parties

The parties shall appear at the designated date of hearing personally.

Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer, and must be related to or next-of-kin of the individual-party. Juridical entities shall not be represented by a lawyer in any capacity. The representative must be authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.

Appearance of Attorneys Not Allowed.

No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent.

http://sc.judiciary.gov.ph/amended_small_claims.pdf

2012 Bar Examination Coverage

2012-07-26T22:49:00.000-07:00

Page 1 of 9
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
LABOR AND SOCIAL LEGISLATION
I. Fundamental Principles and Policies
A. Constitutional provisions
1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.
2. Article III, Secs. 1, 4, 8.
3. Art. XIII, Secs. 1, 2, 3, 14.
B. Civil Code
1. Article 1700
C. Labor Code
1. Article 3
2. Article 211
3. Article 212
4. Article 255
II. Recruitment and Placement
A. Recruitment of local and migrant workers
1. Recruitment and placement; defined
2. Illegal recruitment, Art. 38 (local), Sec. 6, Migrant Workers Act, R.A. 8042
a) License vs. Authority
b) Essential elements of illegal recruitment
c) Simple illegal recruitment
d) Illegal recruitment in large scale
e) Illegal recruitment as economic sabotage
f) Illegal recruitment vs. Estafa
g) Liabilities
(i) Local employment agency
(ii) Foreign employer
(a) Theory of imputed knowledge
h) Pre-termination of contract of migrant worker
3. Direct hiring
B. Regulation and enforcement
1. Remittance of foreign exchange earnings
2. Prohibited activities
3. Regulatory and visitorial powers of the labor secretary
4. Penalties for illegal recruitment
Page 2 of 9
III. Labor Standards
A. Hours of work
1. Coverage/exclusions
2. Normal hours of work
a) Exceptions
(i) Health personnel
(ii) Compressed work week
b) Work interruption due to brownouts
c) Meal break
d) Idle time, waiting time, commuting time, travel time, whether part of
hours of work or not
e) Overtime work
(i) Undertime not offset by overtime
(ii) Waiver of overtime pay
3. Night work
4. CBA provision vis-à-vis overtime work
B. Wages
1. “No work, no pay” principle
2. Coverage/exclusions
3. Facilities vs. Supplements
4. Wages vs. Salaries
5. Wage distortion
6. CBA vis-à-vis wage orders – CBA creditability
7. Non-diminution of benefits
8. Worker’s preference in case of bankruptcy
9. Labor Code provisions for wage protection
10. Allowable deductions without employee’s consent
11. Attorney’s fees and union service fee in labor cases
12. Criteria/factors for wage setting
C. Rest day
1. Right to weekly rest day
2. Preference of the employee
3. When work on rest day authorized
D. Holidays
1. Right to holiday pay
a) In case of absences
b) In case of temporary cessation of work
c) Of teachers, piece workers, seafarers, seasonal workers, etc.
2. Exclusions from coverage
E. Leaves
1. Service incentive leave pay
Page 3 of 9
a) Right to service incentive leave
b) Exclusions from coverage
c) Commutable nature of benefit
2. Maternity leave
a) Coverage
b) Conditions to entitlement
c) Availment
3. Paternity leave
a) Coverage
b) Conditions to entitlement
c) Availment
4. Parental leave
a) Coverage
b) Conditions to entitlement
c) Availment
5. Leaves for victims of violence against women
a) Coverage
b) Conditions to entitlement
c) Availment
F. Service charges
1. Coverage
2. Exclusion
3. Distribution
4. Integration
G. Thirteenth (13th) month pay and other bonuses
1. Coverage
2. Exclusion/exemptions from coverage
3. Nature of 13th month pay
4. Commissions vis-à-vis 13th month pay
5. CBA vis-à-vis 13th month pay
H. Women workers
1. Discrimination (Art. 135, Labor Code)
2. Stipulation against marriage (Art. 136, Labor Code)
3. Prohibited acts (Art. 137, Labor Code)
4. Classification of certain women workers (Art. 138, Labor Code)
5. Anti-Sexual Harassment Act (R.A. 7877)
I. Minor workers (R.A. 7678, R.A. 9231)
1. Regulation of working hours of a child
2. Employment of the child in public entertainment
3. Prohibition of employing minors in certain undertakings and in certain
advertisements
J. Employment of househelpers
Page 4 of 9
1. Definition
2. Benefits accorded househelpers
3. Termination
4. Reliefs for unjust termination
K. Employment of homeworkers
1. Definition
2. Rights and benefits accorded homeworkers
3. Conditions for deduction from homewoker’s earnings
L. Apprentices and learners
1. Distinctions between learnership and apprenticeship
M. Handicapped workers (R.A. 7277)
1. Definition of “handicapped workers”
2. Rights of disabled workers
3. Prohibitions on discrimination against disable persons
4. Incentives for employers
IV. Termination of Employment
A. Employer-employee relationship
1. Four-fold test
2. Probationary employment
3. Kinds of employment
a) Regular employment
(i) Reasonable connection rule
b) Project employment
(i) Indicators of project employment
c) Seasonal employment
d) Casual employment
e) Fixed term employment
(i) Requisites for validity
4. Job contracting and labor-only contracting
a) When is there “job contracting”?
b) When is there “labor-only contracting”?
c) Conditions that must concur in legitimate job contracting
d) Effects of finding that there is labor-only contracting
B. Termination of employment
1. Substantive due process
a) Just causes
(i) Serious misconduct or willful disobedience
(a) Requisites
(ii) Gross and habitual neglect of duties
(a) Requisites
Page 5 of 9
(iii) Fraud or willful breach of trust (loss of trust and confidence)
(a) Requisites
(iv) Abandonment of employment; elements that must concur
(v) Termination of employment pursuant to a union security
clause
(vi) Totality of infractions doctrine
b) Authorized causes
(i) Redundancy, retrenchment and closure
(a) Procedural steps required
(b) Requirements for valid retrenchment/redundancy
(c) Criteria in selecting employees for dismissal
(d) Standards to be followed
(ii) Disease or illness
(a) Requisites
2. Procedural due process
a) Procedure to be observed in termination cases
b) Guiding principles in connection with the hearing requirements in
dismissal cases
c) Agabon doctrine
3. Reliefs for illegal dismissal
a) Reinstatement aspect
(i) Immediately executory
(a) Actual reinstatement
(ii) Payroll reinstatement
b) Separation pay in lieu of reinstatement
(i) Strained relation rule
c) Back wages
(i) Components of the amount of back wages
d) Constructive dismissal
e) Preventive suspension
f) Quitclaims
g) Termination of employment by employee
C. Retirement Pay Law
1. Coverage
2. Exclusions from coverage
3. Components of retirement pay
4. Retirement pay under R.A. 7641 vis-à-vis retirement benefits under SSS and
GSIS laws
V. Management Prerogative
A. Discipline
B. Transfer of employees
Page 6 of 9
C. Productivity standard
D. Grant of bonus
E. Change of working hours
F. Marital discrimination
G. Post-employment ban
H. Limitations in its exercise
VI. Social Legislation
A. SSS Law (R.A. 8282)
1. Coverage
a) Exclusions from coverage
b) Benefits
c) Beneficiaries
B. GSIS Law (R.A. 8291)
1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries
C. Limited Portability Law (R.A. 7699)
D. Employee’s compensation – coverage and when compensable
VII. Labor Relations Law
A. Right to self-organization
1. Who may unionize for purposes of collective bargaining
a) Who cannot form, join or assist labor organizations
b) Executive Order No. 180
2. Bargaining unit
a) Test to determine the constituency of an appropriate bargaining
unit
b) Voluntary recognition
(i) Requirements
c) Certification election
(i) In an unorganized establishment
(ii) In an organized establishment
Page 7 of 9
(iii) Rules prohibiting the filing of petition for certification
election
(iv) Requirements for validity of certification election
(v) Protests and other questions arising from conduct of
certification election
d) Run-off election
(i) Requirements
e) Re-run election
f) Consent election
g) Affiliation and disaffiliation of the local union from the mother
union
(i) Substitutionary doctrine
h) Union dues and special assessments
(i) Requirements for validity
i) Agency fees
(i) Requisites for assessment
B. Right to collective bargaining
1. Duty to bargain collectively
a) Kiok Loy ruling
2. Mandatory provisions of CBA
a) Grievance procedure
b) Voluntary arbitration
c) No strike-no lockout clause
d) Labor management council
3. Unfair Labor Practice in collective bargaining
a) Bargaining in bad faith
b) Refusal to bargain
c) Individual bargaining
d) Blue sky bargaining
e) Surface bargaining
4. Unfair Labor Practice (ULP)
a) ULP of employers
b) ULP of labor organizations
C. Right to peaceful concerted activities
1. Forms of concerted activities
2. Who may declare a strike or lockout?
3. Requisites for a valid strike
4. Requisites for a valid lockout
5. Requisites for lawful picketing
6. Assumption of jurisdiction by the Secretary of Labor or certification of the
labor dispute to the NLRC for compulsory arbitration
7. Nature of assumption order or certification order
8. Effect of defiance of assumption or certification orders
9. Illegal strike
a) Liability of officers of the unions
Page 8 of 9
b) Liability of ordinary workers
c) Waiver of illegality of strike
10. Injunctions
a) Requisites for labor injunctions
b) “Innocent bystander rule”
VIII. Procedure and Jurisdiction
A. Labor arbiter
1. Jurisdiction
2. Effect of self-executing order of reinstatement on back wages
3. Requirements to perfect appeal to NLRC
B. National labor relations commission (NLRC)
1. Jurisdictions
2. Effect of NLRC reversal of labor arbiter’s order of reinstatement
3. Requirements to perfect appeal to court of appeals
C. Bureau of Labor Relations – med arbiters
1. Jurisdiction (original and appellate)
D. National Conciliation and Mediation Board
1. Conciliation vs. Mediation
2. Preventive mediation
E. DOLE regional directors
1. Small money claims
F. DOLE secretary
1. Visitorial and enforcement powers
2. Power to suspend effects of termination
G. Voluntary arbitrators
1. Submission agreement
2. Rule 43, Rules of Court
H. Court of Appeals
1. Rule 65, Rules of Court
I. Supreme Court
1. Rule 45, Rules of Court
J. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
Page 9 of 9
4. Offenses penalized by the Labor Code and Implementing Rules and
Regulations issued pursuant thereto
INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects. It has been drawn up for
the limited purpose of ensuring that candidates reviewing for the bar examinations are guided
on what basic and minimum amounts of laws, doctrines, and principles they need to know and
be able to use correctly before they can be licensed to practice law. More is required for
excellent and distinguished work as members of the Bar.

Page 1 of 12
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
I. The Constitution
A. Definition, nature and concepts
B. Parts
C. Amendments and revisions
D. Self-executing and non-self-executing provisions
E. General provisions
II. General Considerations
A. National territory
1. Archipelagic doctrine
B. State immunity
C. Principles and policies
D. Separation of powers
E. Checks and balances
F. Delegation of powers
G. Forms of government
III. Legislative Department
A. Who may exercise legislative power
1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
a) Initiative and referendum
B. Houses of Congress
1. Senate
Page 2 of 12
2. House of Representatives
a) District representatives and questions of apportionment
b) Party-list system
C. Legislative privileges, inhibitions and disqualifications
D. Quorum and voting majorities
E. Discipline of members
F. Electoral tribunals and the commission on appointments
1. Nature
2. Powers
G. Powers of Congress
1. Legislative
a) Legislative inquiries and the oversight functions
b) Bicameral conference committee
c) Limitations on legislative power
(i) Limitations on revenue, appropriations and tariff measures
(ii) Presidential veto and Congressional override
2. Non-legislative
a) Informing function
IV. Executive Department
A. Privileges, inhibitions and disqualifications
1. Presidential immunity
2. Presidential privilege
B. Powers
1. Executive and administrative powers in general
2. Power of appointment
a) In general
b) Commission on appointments confirmation
c) Midnight appointments
d) Power of removal
3. Power of control and supervision
a) Doctrine of qualified political agency
b) Executive departments and offices
c) Local government units
4. Military powers
5. Pardoning power
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power
Page 3 of 12
7. Powers relative to appropriation measures
8. Delegated powers
9. Veto powers
10. Residual powers
C. Rules on Succession
V. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence
C. Judicial restraint
D. Appointments to the Judiciary
E. Supreme Court
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
VI. Constitutional Commissions
A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Prohibited offices and interests
D. Jurisdiction of each constitutional commission
E. Review of final orders, resolutions and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions
VII. Bill of Rights
A. Fundamental powers of the state (police power, eminent domain, taxation)
Page 4 of 12
1. Concept and application
2. Requisites for valid exercise
3. Similarities and differences
4. Delegation
B. Private acts and the bill of rights
C. Due process
1. Relativity of due process
2. Procedural and substantive due process
3. Constitutional and statutory due process
4. Hierarchy of rights
5. Judicial standards of review
6. Void-for-vagueness doctrine
D. Equal protection
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
a) Rational Basis Test
b) Strict Scrutiny Test
c) Intermediate Scrutiny Test
E. Searches and seizures
1. Concept
2. Warrant requirement
a) Requisites
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol and blood tests
F. Privacy of communications and correspondence
1. Private and public communications
2. Intrusion, when allowed
3. Writ of habeas data
G. Freedom of expression
1. Concept and scope
a) Prior restraint (censorship)
b) Subsequent punishment
2. Content-based and content-neutral regulations
a) Tests
b) Applications
3. Facial challenges and the overbreadth doctrine
4. Tests
5. State regulation of different types of mass media
Page 5 of 12
6. Commercial speech
7. Private vs. Government speech
8. Heckler’s veto
H. Freedom of religion
1. Non-establishment clause
a) Concept and basis
b) Acts permitted and not permitted by the clause
c) Test
2. Free exercise clause
3. Tests
a) Clear and Present Danger Test
b) Compelling State Interest Test
c) Conscientious Objector Test
I. Liberty of abode and freedom of movement
1. Limitations
2. Right to travel
3. Return to return to one’s county
J. Right to information
1. Limitations
2. Publication of laws and regulations
3. Access to court records
4. Right to information relative to
a) Government contract negotiations
b) Diplomatic negotiations
K. Right of association
L. Eminent domain
1. Concept
2. Expansive concept of “public use”
3. Just compensation
a) Determination
b) Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract clause
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts
O. Rights of suspects
1. Availability
2. Requisites
Page 6 of 12
3. Waiver
P. Rights of the accused
1. Criminal due process
2. Bail
3. Presumption of innocence
4. Right to be heard
5. Assistance of counsel
6. Right to be informed
7. Right to speedy, impartial and public trial
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of habeas corpus
R. Writ of amparo
S. Self-incrimination clause
1. Scope and coverage
a) Foreign laws
2. Application
3. Immunity statutes
T. Involuntary servitude and political prisoners
U. Excessive fines and cruel and inhuman punishments
V. Non-imprisonment for debts
W. Double jeopardy
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder
VIII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship
C. Naturalization and denaturalization
Page 7 of 12
D. Dual citizenship and dual allegiance
E. Loss and re-acquisition of Philippine citizenship
F. Natural-born citizens and public office
IX. Law on Public Officers
A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The civil service
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers
1. Impeachment
2. Ombudsman
a) Functions
b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
Page 8 of 12
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits
X. Administrative Law
A. General principles
B. Administrative agencies
1. Definition
2. Manner of creation
3. Kinds
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
3. Fact-finding, investigative, licensing and rate-fixing powers
D. Judicial recourse and review
1. Doctrine of primary administrative jurisdiction
2. Doctrine of exhaustion of administrative remedies
3. Doctrine of finality of administrative action
XI. Election Law
A. Suffrage
B. Qualification and disqualification of voters
C. Registration of voters
D. Inclusion and exclusion proceedings
E. Political parties
1. Jurisdiction of the Comelec over political parties
2. Registration
F. Candidacy
1. Qualifications of candidates
Page 9 of 12
2. Filing of certificates of candidacy
a) Effect of filing
b) Substitution of candidates
c) Ministerial duty of COMELEC to receive certificate
d) Nuisance candidates
e) Petition to deny or cancel certificates of candidacy
f) Effect of disqualification
g) Withdrawal of candidates
G. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers
1. Composition
2. Powers
I. Remedies and jurisdiction in election law
1. Petition not to give due course to certificate of candidacy
2. Petition to declare failure of elections
3. Pre-proclamation controversy
4. Election protest
5. Quo warranto
J. Prosecution of election offenses
XII. Local Governments
A. Public corporations
1. Concept
a) Distinguished from government-owned or controlled corporations
2. Classifications
a) Quasi-corporations
b) Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger or dissolution
C. Principles of local autonomy
D. Powers of local government units (LGUs)
Page 10 of 12
1. Police power (general welfare clause)
2. Eminent domain
3. Taxing power
4. Closure and opening of roads
5. Legislative power
a) Requisites for valid ordinance
b) Local initiative and referendum
6. Corporate powers
a) To sue and be sued
b) To acquire and sell property
c) To enter into contracts
(i) Requisites
(ii) Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
9. Succession of elective officials
10. Discipline of local officials
a) Elective officials
(i) Grounds
(ii) Jurisdiction
(iii) Preventive suspension
(iv) Removal
(v) Administrative appeal
(vi) Doctrine of condonation
b) Appointive officials
11. Recall
12. Term limits
XIII. National Economy and Patrimony
A. Regalian doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development and utilization of natural resources
D. Franchises, authority and certificates for public utilities
E. Acquisition, ownership and transfer of public and private lands
F. Practice of professions
G. Organization and regulation of corporations, private and public
H. Monopolies, restraint of trade and unfair competition
Page 11 of 12
XIV. Social Justice and Human Rights
A. Concept of social justice
B. Commission on human rights
XV. Education, Science, Technology, Arts, Culture and Sports
A. Academic freedom
XVI. Public International Law
A. Concepts
1. Obligations erga omnes
2. Jus cogens
3. Concept of aeguo et bono
B. International and national law
C. Sources
D. Subjects
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law
F. Treaties
G. Nationality and statelessness
H. Treatment of aliens
1. Extradition
a) Fundamental principles
b) Procedure
c) Distinguished from deportation
I. International Human Rights Law
1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
J. International Humanitarian Law and neutrality
Page 12 of 12
1. Categories of armed conflicts
a) International armed conflicts
b) Internal or non-international armed conflict
c) War of national liberation
2. Core international obligations of states in International Humanitarian Law
3. Principles of International Humanitarian Law
a) Treatment of civilians
b) Prisoners of war
4. Law on neutrality
K. Law of the sea
1. Baselines
2. Archipelagic states
a) Straight archipelagic baselines
b) Archipelagic waters
c) Archipelagic sea lanes passage
3. Internal waters
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a) Extended continental shelf
7. International Tribunal for the Law of the Sea
L. International environment law
1. Principle 21 of the Stockholm Declaration
INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
Important note: This bar coverage description is not intended and should not be used by law
schools as a syllabus or course outline in the covered subjects. It has been drawn up for the
limited purpose of ensuring that candidates reviewing for the bar examinations are guided on
what basic and minimum amounts of laws, doctrines, and principles they need to know and be
able to use correctly before they can be licensed to practice law. More is required for excellent
and distinguished work as members of the Bar.

Page 1 of 7
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
CRIMINAL LAW
I. Revised Penal Code/special laws, presidential decrees, and executive orders
A. Book 1(Articles 1-99, RPC, excluding provisions on civil liability), including
related special laws)
1. Fundamental principles
a) Definition of Criminal Law
(i) Difference between Mala in Se and Mala Prohibita
b) Scope of application and characteristics of Philippine criminal law
(i) Generality
(ii) Territoriality
(iii) Prospectivity
c) Constitutional limitations on the power of Congress to enact penal laws in the
Bill of Rights
(i) Equal protection
(ii) Due process
(iii)Non-imposition of cruel and unusual punishment or excessive fines
(a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A.
9346)
(iv) Bill of attainder
(v) Ex post facto law
2. Felonies
a) Classifications of felonies
b) Elements of criminal liability
c) Impossible crime
d) Stages of execution
e) Conspiracy and proposal
f) Multiple offenders (differences, rules, effects)
(i) Recidivism
(ii) Habituality (Reiteracion)
(iii) Quasi-Recidivism
(iv) Habitual Delinquency
g) Complex crimes vis special complex crimes
3. Circumstances which affect criminal liability
a) Justifying circumstances
(i) Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262)
(a) Battered woman syndrome
b) Exempting circumstances
Page 2 of 7
(i) Juvenile Justice and Welfare Act of 2006 (R.A.9344); also refer to Child and
Youth Welfare Code (P.D. 603, as amended)
(a) Definition of child in conflict with the law
(b) Minimum age of criminal responsibility
(c) Determination of age
(d) Exemption from criminal liability
c) Mitigating circumstances
d) Aggravating circumstances
(i) Generic
(ii) Qualifying
(a) Decree Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of Firearms,
Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an
aggravating circumstance
(b) The Comprehensive Dangerous Drugs Act of 2002 (R.A.9165)
(i) As a qualifying aggravating circumstance
(ii) Immunity from prosecution and punishment, coverage
(iii) Minor offenders
(iv) Application/Non application of RPC provisions (Sec. 98, R.A. No.
9165) provisions (sec. 98) cf. Art. 10, RPC
e) Alternative circumstances
f) Absolutory cause
4. Persons criminally liable/Degree of participation
a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal
Offenders (P.D. 1829)
(i) Punishable acts
(ii) Compare with Article 20 (accessories exempt from criminal liability)
5. Penalties
a) General principles
(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A.
9346)
b) Purposes
c) Classification
d) Duration and Effect
e) Application
(i) Indeterminate Sentence Law (R.A. 4103, as amended)
(a) Application on the imposed sentence
(b) Coverage
(c) Conditions of parole
(ii) Three-fold rule
(iii) Subsidiary imprisonment
f) Execution and service
(i) Probation Law (P.D. 968, as amended)
(a) Definition of terms
(b) Purpose
Page 3 of 7
(c) Grant of probation, manner and conditions
(d) Criteria of placing an offender on probation
(e) Disqualified offenders
(f) Period of probation
(g) Arrest of probationer
(h) Termination of probation; exception
(i) The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)
(ii) Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer
to Child and Youth Welfare Code (P.D. 603, as amended)
(a) Definition of child in conflict with the law
(b) Exemption from criminal liability
(c) Juvenile justice and welfare system
g) Distinguished from preventive imprisonment
6. Modification and extinction of criminal liability
a) Prescription of crimes
b) Prescription of penalties
c) Pardon by offended party
d) Pardon by the Chief Executive
e) Amnesty
B. Book II (Articles 114-365), including related special laws
1. Crimes Against National Security (Articles 114-123); in addition:
a) Anti-Piracy and Anti- Highway Robbery (P.D.532)
(i) Definition of terms
(ii) Punishable acts
b) Anti-Hijacking Law (P.D. 6235)
(i) Punishable acts
c) Human Security Act of 2007(R.A. 9372)
(i) Punishable acts of terrorism
(ii) Who are liable
2. Crimes Against the Fundamental Laws of the State (Articles 124-133); in addition:
a) Human Security Act of 2007 (R.A. 9372)
(i) Period of detention
b) Anti-Torture Act of 2009 (R.A. 9745)
(i) Punishable acts
(ii) Who are liable
3. Crimes Against Public Order (Articles 134-160); in addition:
a) Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives (P.D.
1866, as amended by R.A. 8294) as an element of the crimes of rebellion,
insurrection, sedition, or attempted coup d’etat
b) Human Security Act of 2007 (R.A. 9372)
(i) Punishable acts of terrorism
Page 4 of 7
(ii) Who are liable
(iii) Absorption principle in relation to complex crimes
4. Crimes Against Public Interest (Articles 161-187); in addition:
a) The New Public Bidding Law (R.A. 9184)
(i) Prohibited acts
b) Anti-Alias Law (C.A. 142)
(i) Punishable acts
(ii) Exception
5. Crimes Relative to Opium and Other Prohibited Drugs
a) The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)
(i) Punishable acts
(ii) Who are liable
(iii) Attempt or conspiracy, effect on liability
(iv) Immunity from prosecution and punishment
6. Crimes Against Public Morals (Articles 200-202)
7. Crimes Committed by Public Officers (Articles 203-245); in addition:
a) Anti-Graft and Corrupt Practices Act (R.A. 3019, as amended)
(i) Coverage
(ii) Punishable acts
(iii) Exceptions
b) Anti-Plunder Act (R.A. 7080, as amended)
(i) Definition of terms
(ii) Ill-gotten wealth
(iii) Plunder
(iv) Series/Combination
(v) Pattern
c) Human Security Act of 2007 (R.A. 9372)
(i) Failure to deliver suspect to proper judicial authority
(ii) Infidelity in the custody of detained persons
(iii) False prosecution
8. Crimes Against Persons (Articles 246-266); in addition:
a) Anti-Violence against Women and their Children Act of 2004 (R.A. 9262)
(i) Punishable acts
b) Anti-Child Pornography Act of 2009 (R.A. 9775)
(i) Definition of terms
(ii) Unlawful or punishable acts
c) Anti-Hazing Law (R.A. 8049)
(i) Hazing
(a) Definition
(b) Allowed initiation rites
(ii) Who are liable
(iii) Punishable acts
Page 5 of 7
d) Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. 7610, as amended)
(i) Coverage
(ii) Child prostitution, punishable acts
(iii) Child trafficking, punishable acts
e) Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and
Youth Welfare Code (P.D. 603, as amended)
(i) Punishable acts
f) Human Security Act of 2007 (R.A. 9372)
(i) Punishable acts of terrorism
(ii) Who are liable
9. Crimes Against Personal Liberty and Security (Articles 267-292); in addition:
a) Anti-Wire Tapping Act (R.A. 4200)
(i) Punishable acts
(ii) Exceptions
b) Human Security Act of 2007 (R.A. 9372
(i) Surveillance of suspects and interception and recording of communications
(ii) Restriction on travel
(iii) Examination of bank deposits and documents
(a) Judicial Authorization
(b) Application
(iv) Unauthorized revelation of classified materials
c) Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
(i) Punishable acts
10. Crimes Against Property (Articles 293-332); in addition:
a) Anti-Fencing Law (P.D. 1612) and its implementing rules and regulations
(i) Fencing
(a) Definition
(b) Presumption of fencing
(ii) Exception
(a) With clearance or permit to sell
b) Bouncing Checks Law (B.P. Blg. 22) plus Administrative Circular No. 12-2000
Re: Penalty for Violation of B.P. 22 and Administrative Circular No. 13-2001 Re:
Clarification of Admin Circular No. 12-2000
(i) Punishable acts
(ii) Evidence of knowledge of insufficient funds
(iii) Preference of imposition of fine
c) Anti-Carnapping Act of 1972 (R.A. 6539)
(i) Definition of terms
(ii) Registration
(iii) Who are liable
(a) Duty of collector of customs
(b) Duty of importers, distributors and sellers
(c) Clearance and permit
(iv) Punishable acts
Page 6 of 7
d) Human Security Act of 2007 (R.A. 9372)
(i) Punishable acts of terrorism
e) Anti-Arson Law (P.D.1613)
(i) Punishable acts
11. Crimes Against Chastity (Articles 333-334, 336-346); in addition:
a) Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995)
(i) Punishable acts
b) Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. 7610, as amended)
(i) Child prostitution and other acts of abuse
(a) Punishable acts
(b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC
and R.A. 7610, as amended
(ii) Obscene publications and indecent shows
(a) Punishable acts
c) Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
(i) Punishable acts
d) Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262)
(i) Punishable acts
e) Anti-Sexual Harassment Act of 1995 (R.A. 7877)
(i) Punishable acts
12. Crimes Against Civil Status (Articles 347-352)
13. Crimes Against Honor (Articles 353-364); in addition:
a) Administrative Circular 08-2008 Re: Guidelines in the Observance of a
Rule of Preference in the Imposition of Penalties in Libel Cases
(i) Preference of imposition of fine
14. Criminal Negligence (Article 365)
II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January
31, 2012.
III. Excluded Topics
A. All special penal laws and Supreme Court Decisions not pertinent to the above outlined
topics are excluded.
B. Penalties of specific crimes.
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects. It has been drawn up for
Page 7 of 7
the limited purpose of ensuring that candidates reviewing for the bar examinations are guided
on what basic and minimum amounts of laws, doctrines, and principles they need to know and
be able to use correctly before they can be licensed to practice law. More is required for
excellent and distinguished work as members of the Bar.

1
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
CIVIL LAW
I. Effect and Application of Laws
A. When law takes effect (Civil Code, Art. 2)
B. Ignorance of the law (Civil Code, Art. 3)
C. Retroactivity of laws (Civil Code, Art. 4)
D. Mandatory or prohibitory laws (Civil Code, Art. 5)
E. Waiver of rights (Civil Code, Art. 6)
F. Repeal of laws (Civil Code, Art. 7)
G. Judicial decisions (Civil Code, Art. 8)
H. Duty to render judgment (Civil Code, Art. 9)
I. Presumption and applicability of custom (Civil Code, Arts. 10-12)
J. Legal periods (Civil Code, Art. 13, as amended by Book I, Sec. 31 of the
Administrative Code of 1987 (EO 292))
K. Applicability of penal laws (Civil Code, Art. 14)
L. Conflict of laws (Civil Code, Arts. 15-18)
II. Human Relations (Civil Code, Arts. 19-22)
Exclude: Independent Civil Actions and prejudicial questions which will be covered by
the examinations in Remedial Law
PERSONS
I. Persons and Personality (Civil Code)
A. Capacity to act
1. Civil personality (Art. 37)
2. Restrictions on capacity to act (Arts. 38-39)
3. Birth (Arts. 40-41)
2
4. Death (Arts. 42-43)
a) Compare Art. 43 with Rule 131, Sec. 3 (jj) presumption of survivorship
5. Juridical Persons, Civil Code, Arts. 44-46
B. Domicile and residence (Arts. 50-51)
II. Marriage (Family Code)
Exclude: Muslim Code (P.D. 1083)
A. Nature of marriage
B. Requisites
1. Kinds of requisites (Family Code, Arts. 2-3)
3. Effect of absence of requisites (Art. 4)
4. Essential requisites (Art. 5)
a) Age
b) Consent
5. Formal (Arts. 7, 31, 32)
6. Ceremony (Art. 6)
7. Solemnizing authority (Art. 7-8, 10)
a) Exceptions (Art. 35 (2))
8. License required (Arts. 3 (2), 9, 11, 20, 26)
a) Foreign national (Art. 21)
b) Exceptions (Arts. 27, 31-32, 34)
9. Marriage certificate (Art. 22)
Exclude: Duties of a Civil Registrar under Arts. 12-19, 23-25
B. Effect of marriage celebrated abroad and foreign divorce (Art. 26)
C. Void and voidable marriages
1. Void marriages (Arts. 5, 35, 36-38, 52-53)
a) Absence of requisites (Art. 35)
b) Psychological incapacity (Art. 36)
c) Incestuous marriages (Arts. 37-38)
2. Prescription (Art. 39)
3. Subsequent marriage (Arts. 40-44)
4. Annullable marriage (Arts. 14, 45-46)
5. Voidable marriages (Art. 45-47)
6. Presence of prosecutor (Art. 48)
7. Pendency of action (Art. 49)
8. Effects of nullity (Arts. 50-54)
Exclude: A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages; R.A. 6955, entitled “An Act to
3
Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign
Nationals on a Mail Order Basis and Other Similar Practices…”; R.A. 9208 or the
Anti-Trafficking in Persons Act of 2003
III. Legal Separation
A. Grounds (Art. 55 and R.A. 9262 or the Anti-Violence Against Women and Their
Children Act of 2004)
B. Defenses (Arts. 56-57)
C. Cooling-off period (Art. 58)
D. Reconciliation efforts (Art. 59)
E. Confession of judgment (Art. 60)
F. Effects of filing petition (Art. 61)
G. Effects of pendency (Art. 62)
H. Effects of legal separation (Arts. 63-64)
1. Reconciliation (Arts. 65-67)
Exclude: A.M. No. 02-11-11-SC or the Rule on Legal Separation
IV. Rights and Obligations Between Husband and Wife
A. Essential obligations (Art. 68)
B. Family domicile (Art. 69)
C. Support (Art. 70)
D. Management of household (Art. 71)
E. Effect of neglect of duty (Art. 72)
F. Exercise of profession (Art. 73)
Exclude: R.A. 7192 or the Women in Development and Nation Building Act; R.A. 8187,
or the Paternity Leave Act of 1996; R.A. 9710 or The Magna Carta of Women.
V. Property Relations of the Spouses
4
A. Marriage settlements (Arts. 76-81)
B. Donations by reason of marriage (Arts. 82-83, 86, 43(3), 50)
C. Void donations by the spouses (Art. 87)
D. Absolute Community of Property
1. General provisions (Arts. 75-85, 88-90)
2. What constitutes community property (Arts. 91-93)
3. Charges upon and obligations of the community property (Arts. 94-95)
4. Ownership, administration, enjoyment and disposition of the community
property (Arts. 96-98)
5. Dissolution of community regime (Arts. 99-101)
6. Liquidation of the absolute community assets and liabilities (Arts. 102-104)
E. Conjugal Partnership of Gains
1. General provisions (Arts. 105-108)
2. Exclusive property of each spouse (Arts. 109-115)
3. Conjugal partnership property (Arts. 116-120)
4. Charges upon and obligations of the Conjugal Partnership of Gains (Arts. 121-
123)
5. Administration of the Conjugal Partnership of Gains (Arts. 124-125)
6. Dissolution of the regime of Conjugal Partnership of Gains (Arts. 126-128)
7. Liquidation of the conjugal partnership assets and liabilities (Arts. 129-133)
F. Separation of property of the spouses and administration of common property by one
spouse during the marriage (Arts. 134-142)
G. Regime of separation of property (Arts. 143-146)
H. Property regime of unions without marriage (Arts. 147-148)
VI. The Family
A. The family as an institution (Arts. 149-151)
B. The family home (Arts. 152-165)
Exclude: Arts. 157, 161 and 162
VII. Paternity and Filiation
A. Legitimate children (Arts. 163-171)
B. Proof of filiation (Arts. 172-174)
5
C. Illegitimate children (Art. 175 and Art. 176 as amended by R.A. 9255 allowing
illegitimate children to use the surname of their father)
D. Legitimated children (Arts. 177-182)
Exclude: A.M. No. 06-11-5-SC or the Rule on DNA Evidence
VIII. Adoption
A. Domestic Adoption Act of 1998 (R.A. 8552)
1. Who can adopt
2. Who can be adopted
3. Rights of an adopted child (include Family Code, Arts. 189 and 190 on
successional rights)
4. Rescission of adoption
Exclude:
1. Rule on Adoption (A.M. No. 02-6-02-SC )
2. R.A. 9523, entitled “An Act Requiring Certification of the Department of Social
Welfare and Development (DSWD) to Declare a “Child Legally Available for
Adoption” as a Prerequisite for Adoption Proceedings….”
B. Inter-Country Adoption Act of 1995 (R.A. 8043)
1. Who can adopt
2. Who can be adopted
Exclude: Arts. 183-188, 191-193 of the Family Code
IX. Support
A. What it comprises (Art. 194)
B. Who are obliged (Arts. 195-197, 199-200, 206-208)
C. Support during marriage litigation (Art. 198)
D. Amount (Arts. 201-202)
E. When demandable (Art. 203)
F. Options (Art. 204)
G. Attachment (Art. 205)
6
X. Parental Authority
A. General provisions (Arts. 209-215)
B. Substitute and special parental authority (Arts. 216-219)
C. Effect of parental authority upon the persons of the children (Arts. 220-224)
Exclude:
1. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)
2. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to
Custody of Minors (A.M. No. 03-04-04-SC)
3. Solo Parents' Welfare Act of 2000 (R.A. 8972)
4. The Early Childhood Care and Development Act (R.A. 8980)
D. Effects of parental authority upon the property of the children (Arts. 225-227)
Exclude: R.A. 9231, entitled “An Act Providing for the Elimination of the Worst
Forms of Child Labor and Affording Stronger Protection for the Working Child…”
which will be covered under Labor Law
E. Suspension or termination of parental authority (Arts. 228-233)
1. Child Abuse Law (R.A. 7610)
XI. Emancipation (Arts. 234 and 236, as amended by R.A. 6809 which lowered the
age of majority)
XII. Summary Judicial Proceedings in Family Law Cases
XIII. Retroactivity of the Family Code (Art. 256)
Exclude: Arts. 254-255, 257 of the Family Code
XIV. Funerals (Civil Code, Arts. 305-310)
Exclude: Care and Education of Children (Arts. 356-363, Civil Code)
XV. Use of Surnames
Arts. 364-369, 369-380 (other articles repealed by Family Code)
XVI. Absence (Civil Code, Art. 43; Art. 41 Family Code)
7
A. Provisional measures in case of absence (Arts. 381-383)
B. Declaration of absence (Arts. 384-386)
C. Administration of the property of the absentee (Arts. 387- 389)
D. Presumption of death (Arts. 390-392)
Exclude: Arts. 393-396 on contingent assets
XVII. Civil Registrar
A. Arts. 407-413
B. Correction of Clerical Errors (R.A. 9048, entitled “An Act Authorizing the City or
Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical
Error in an Entry and/or Change of First Name or Nickname in the Civil Register Without
Need of a Judicial Order….”)
C. Rule 108, Rules of Court
Exclude: Act No. 375 and the Implementing Rules and Regulations of R.A. 9048
PROPERTY
I. Characteristics
II. Classification (Arts. 415-418)
A. Hidden treasure (Arts. 438-439)
B. Right of accession (Art. 440)
1. Fruits (Arts. 441-444)
2. With respect to immovable property
a) Builder, planter, sower on land of another in the concept of owner
(i) Builder, planter, sower in good faith (Arts. 448-456)
(ii) Builder, planter, sower in bad faith (Arts. 449-450)
b) Usufructuary (Art. 579)
3. Lands adjoining river banks
a) Alluvion (Art. 457)
b) Change of course of river (Arts. 461-462 and P.D. 1067 or the Water
Code)
8
c) Avulsion (Arts. 459-463)
4. Islands (Arts. 464-465)
C. By object
1. Real or immovable
2. Personal or movable
D. By owner
1. Of public dominion
2. Of private ownership
a) Patrimonial property
(i) Distinction between private property of individual persons and
of state entities
E. By nature
1. Consumable/non-consumable vs. Fungible/non-fungible
III. Ownership
A. Right in general
1. Bundle of rights
a) Jus utendi, fruendi, abutendi, vindicandi, disponendi (possidendi)
(i) Actions to recover ownership and possession of real property
(a) Distinctions between accion reivindicatoria, accion
publiciana, accion interdictal
(b) Distinction between forcible entry and unlawful
detainer
(ii) Actions for recovery of possession of movable property
(iii) Requisites for recovery of property
(a) Proof of right
(b) Identity
(c) Reliance on strength of own evidence, not weakness of
defendant’s claim
2. Distinction between real and personal rights
B. Modes of acquiring ownership
1. Original
2. Derivative
C. Limitations
1. General limitations: taxation, eminent domain, police power
2. Specific limitations: those imposed by law (sic utere tuo, nuisance, state of
necessity), easements voluntarily imposed by owner (servitudes, mortgages
imposed by contract)
9
IV. Accession
A. Right to hidden treasure
B. General rules
1. For immovables:
a) Accession discreta (natural, industrial, civil fruits) and continua
(over immovables: artificial/industrial and natural)
b) Accession industrial (building, planting, sowing in good faith or bad
faith)
c) Accession natural (accretion, avulsion, rivers, islands)
2. For movables:
a) Accession continua (conjunction, adjunction, commixtion/ confusion,
specification)
b) Rules for determining the principal and accessory
V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title to
or Interest in Real Property (Arts. 476-481)
A. Requirement
B. Distinction between quieting of title and removing/preventing a cloud
C. Prescription/non-prescription of action
VI. Co-ownership
A. Characteristics of co-ownership
1. In general
2. Special rules
a) Concept of condominium
(i) Condominium corporation
(ii) Interest in real property
(iii) Concept of common areas, amendment
(iv) Documents to consider (master deed, declaration of
restrictions, articles and by-laws of the condominium corporation
or the association, where applicable)
b) Rights and obligations of condominium owners
(i) Contributions/dues
(ii) P.D. 957, The Subdivision and Condominium Buyers'
Protective Decreeand R.A. 6552, Realty Installment Buyer Act
c) Grounds for partition of common areas, or dissolution of the
condominium
B. Source of co-ownership
10
C. Rights of co-owners
1. Distinction between right to property owned in common and full ownership
over his/her ideal share
2. Right to oppose acts of alteration
3. Right to partition
4. Right to contributions for expenses (necessary expenses, taxes)
5. Waiver
6. Right to redemption of co-owners share
D. Termination/extinguishment
1. Effect of partition
2. Rights against individual co-owners in case of partition
3. Partition in case co-owners cannot agree
VII. Possession
A. Characteristics
B. How acquired (Art. 531)
C. Effects of possession
1. Possessor in good faith (Arts. 544, 526-527)
a) Right to pending fruits (Art. 545)
b) Right to be reimbursed
(i) Necessary and useful expenses (Arts. 546-547)
(ii) Expenses for pure luxury (Art. 548)
2. Possessor in bad faith (Arts. 449, 549, 552)
D. Loss or unlawful deprivation of a movable (Arts. 559, 1505(3))
1. Period to recover (Arts. 1140, 1134, 1132, 1133)
2. Finder of lost movable (Arts. 719-720)
3. Distinguished from voidable title (Art. 1506)
E. In concept of owner, holder, in one’s own name, in name of another
F. Rights of the possessor
G. Loss/termination
VIII. Usufruct
A. Characteristics
B. Classification
11
C. Rights and obligations of usufructuary
D. Rights of the owner
E. Extinction/termination
IX. Easements (Arts. 613, 615-616)
A. Characteristics
B. Classification
1. Legal easements
a) Right of way
2. Voluntary easements (Art. 688)
a) Effect of zoning ordinance
C. Modes of acquiring easements
1. Compulsory easements (Arts. 620-624)
2. Easement of light and view (Arts. 669-673)
D. Rights and obligations of dominant and subservient estate
E. How terminated
X. Nuisance (Arts. 694-707)
A. Definition
B. Classification
C. Remedies
XI. Modes of Acquiring Ownership (Art. 712)
A. Occupation (Art. 713)
B. Donation
1. Definition (Arts. 725-726, 746)
2. Characteristics
a) Extent to which donor may donate property
b) Reservations and reversions
12
3. Kinds
a) Donation inter vivos (Art. 729)
b) Donation by reason of marriage (Family Code, Arts. 82-83, 86)
c) Donation mortis causa (Art. 728)
d) Onerous donation (Art. 733)
e) Simple, modal, conditional
4. Formalities required
a) How made and accepted
b) Perfection
c) Differences between formalities for donation of real, personal
properties
(i) Movables (Art. 748)
(ii) Immovables (Art. 749)
5. Qualifications of donor, donee
6. Effects of donation/limitations
a) In general
b) Double donations
c) Excessive/inofficious
d) Scope of amount (Arts. 750-752)
e) In fraud of creditors (Art. 759)
7. Void donations (Arts. 739-740, 1027)
8. Revocation or reduction
a) Grounds for revocation, grounds for reduction
b) How done
c) Effects
c) Prescription
e) Inofficious donations (Arts. 760-761, 771-773)
f) Ingratitude (Arts. 765, 769)
Exclude: Intellectual creations
PRESCRIPTION
I. Definition (Art. 1106)
A. Acquisitive (Art. 1117)
1. Characteristics
2. Ordinary
a) Good faith (Art. 1127)
b) Just title (Arts. 1129-1130)
13
3. Extraordinary (Arts. 1137 and 1132, second par.)
4. Requisites (Arts. 1118-1125)
5. Period (Arts. 1132, 1134, 1138)
6. What cannot be required by acquisitive prescription
B. Extinctive
1. Characteristics
2. Requisites
3. Periods
II. No Prescription Applicable
A. By offender (Art. 1133)
B. Registered lands (P.D. 1529)
C. Art. 1143, Civil Code
1. Action legal to demand a right of way (Art. 649)
2. To abate a nuisance
D. Action to quiet title if plaintiff is in possession
E. Void contracts (Art. 1410)
F. Action to demand partition (Art. 494)
1. Distinguished from laches
G. Property of public dominion
III. Prescription or limitation of actions
A. To recover movables (Art. 1140)
B. To recover immovables (Art. 1141)
C. Other actions (Arts. 1142-1149)
IV. Interruption (Art. 1155)
OBLIGATIONS
I. Definition
14
II. Elements of an Obligation
III. Different Kinds of Prestations
IV. Classification of Obligations
V. Sources of obligations (Arts. 1156-1157)
A. A single act or omission can give rise to different causes of action
B. Natural obligations
C. Extra-contractual obligations
VI. Nature and Effect of Obligations
A. Obligation to give
1. A determinate or specific thing
2. An indeterminate or generic thing
B. Obligation to do or not to do
C. Breaches of obligations
1. Complete failure to perform
2. Default, delay or mora – no default unless creditors makes a demand;
exceptions (Art. 1169)
a) Mora solvendi
b) Mora accipiendi
c) Compesatio morae
3. Fraud in the performance of obligation
a) Waiver of future fraud is void (Art. 1171)
4. Negligence (culpa) in the performance of obligation
a) Diligence normally required is ordinary diligence or diligence of a good
father of a family
b) Exception: common carriers which are required to exercise
extraordinary diligence
5. Contravention of the tenor of obligation
6. Legal excuse for breach of obligation: fortuitous event; requisites
D. Remedies available to creditor in cases of breach
1. Specific performance
15
a) Substituted performance by a third person on obligation to deliver
generic thing and in obligation to do, unless a purely personal act
2. Rescission (resolution in reciprocal obligations)
3. Damages, in any event
4. Subsidiary remedies of creditors (Art. 1177)
a) Accion subrogatoria
a) Accion pauliana
c) Accion directa (Arts. 1652, 1608, 1729, 1893)
VII. Kinds of Civil Obligations
A. Pure (Arts. 1179-1180)
B. Conditional (Art. 1181)
1. Suspensive condition
2. Resolutory condition
3. Potestative: casual or mixed
a) Obligations subject to potestative suspensive conditions are void (Art.
1182)
4. Effect of the happening of suspensive condition or resolutory condition (Art.
1187)
a) Extent of retroactivity
5. Effect of improvement, loss or deterioration of specific thing before the
happening of a suspensive condition in obligation to do or not to do (Art. 1189)
6. Effect when a resolutory condition in obligation to do or not to do happens
and there is improvement, loss or deterioration of the specific thing (Art. 1190,
par. 3)
C. Obligation with a period or a term (Art. 1193)
1. Presumption that period is for the benefit of both debtor and creditor (Art.
1196)
2. Effect if suspensive period is for the benefit of both debtor and creditor
3. Effect if given to debtor alone
a) Instances when debtor losses benefit of period (Art. 1198)
2. Resolutory period
3. Definite or indefinite period
a) Instances when courts may fix the period (Art. 1197)
b) Creditor must ask court to set the period before he can demand
payment
D. Alternative or facultative (Art. 1199)
1. Difference between alternative and facultative obligations
2. Effect of loss of specific things or impossibility of performance of alternative,
through fault of debtor/creditor or through fortuitous events
16
VIII. Joint and Solidary Obligation
A. Joint (divisible) obligation
1. Concurrence of two or more creditors and or two or more debtors
a) Joint obligation is presumed, unless otherwise indicated by the law or
nature of obligation (Art. 1207)
b) Obligation presumed to be divided into as many equal shares as there
are creditors or debtors
c) Each credit is distinct from one another, therefore a joint debtor
cannot be required to pay for the share of another with debtor, although
he may pay if he wants to (Art. 1209)
d) Insolvency of a joint debtor, others not liable for his share (Art. 1209)
B. Joint indivisible obligation
1. Obligation cannot be performed in parts but debtors are bound jointly
2. In case of failure of one joint debtor to perform his part (share), there is
default but only the guilty debtor shall be liable for damages
C. Solidary obligation
1. Mutual agency among solidary debtors (Arts. 1214, 1215)
2. Mutual guaranty among solidary debtors (Arts. 1216, 1217, 1222)
3. Each one of solidary creditors may do whatever may be useful to the others,
but not anything prejudicial to them (Art. 1212);
a) Effect of any novation, compensation, confusion or remission of debt
executed by a solidary creditor
D. Divisible and indivisible (Art. 1225)
E. Obligations with a penal clause (Arts. 1226, 1228-1230)
IX. Extinguishment of Obligations
A. Payment (Arts. 1236-1238)
1. Dation in payment (Art. 1245)
2. Form of payment (Art. 1249)
3. Extraordinary inflation or deflation (Art. 1250)
4. Application of payment (Art. 1252-1254)
5. Tender of payment and consignation (Arts. 1256-1261)
B. Loss of determinate thing due or impossibility or difficulty of performance (Arts.
1262, 1266-1267)
C. Condonation or remission of debt (Art. 1270)
1. Express condonations and required formality thereof (Art. 1270)
2. Implied (Arts. 1271, 1272, 1274)
17
D. Confusion or Merger of Rights (Arts. 1275, 1272)
E. Compensation
1. Kinds (Arts. 1278, 1279)
a) Legal compensation (Arts. 1286-1290)
b) Agreement (Art. 1282)
c) Voluntary (Art. 1282)
d) Judicial (Art. 1283)
e) Facultative
2. Obligations not compensable (Art. 1287-1288)
F. Novation (Arts. 1291-1304)
CONTRACTS
I. Essential Requisites (Art. 1261)
II. Kinds of Contracts
A. Consensual
B. Real
C. Formal or solemn
1. Donations (Arts. 748-749)
2. Partnership where real property contributed (Arts. 1771, 1773)
3. Antichresis (Art. 2134)
4. Agency to sell real property or an interest therein (Art. 1874)
5. Stipulation to charge interest (Art. 1956)
6. Stipulation limiting common carrier’s duty of extraordinary diligence to
ordinary diligence (Art. 1744)
7. Chattel mortgage
8. Sale of large cattle
III. Formality (Arts. 1356, 1357, 1358)
IV. Defective Contracts
A. Rescissible contracts (Art. 1381)
1. Difference with rescission (resolution) under Art. 1191
B. Voidable contracts (Arts. 1328-1344, 1390-1402)
18
C. Unenforceable contracts (Arts. 1403-1408, 1317)
D. Void contracts (Arts. 1409, 1346)
1. Pactum commissorium (Arts. 2088, 2130, 1390)
2. Pactum de non alienando (Art. 2130)
3. Pactum leonina (Art. 1799)
V. Effect of contracts (Art. 1311)
SALES
I. Introduction
A. Definition of sales (Arts. 1458, 1470)
B. Essential requisites of a contract of sale (Art. 1505)
C. Stages of contract of sale
D. Obligations created (Art. 1165)
E. Characteristics of a contract of sale
F. Sale is title and not mode
G. Sale distinguished from other contracts
H. Contract of sale/contract to sell
II. Parties to a Contract of Sale
A. Capacity of parties (Arts. 1489-1492)
B. Absolute incapacity (Arts. 1327, 1397, 1399)
C. Relative incapacity: married persons
D. Special disqualifications (Arts. 1491-1492)
III. Subject Matter
A. Requisites of a valid subject matter (Arts. 1459-1465)
19
B. Particular kinds
IV. Obligations of the Seller to Transfer Ownership
A. Sale by a person not the owner at time of delivery (Arts. 1462, 1505, 1459)
1. Exceptions
B. Sale by a person having a voidable title (Arts. 1506, 559)
V. Price
A. Meaning of price (Arts. 1469-1474)
B. Requisites for a valid price
C. How price is determined
D. Inadequacy of price (Arts. 1355, 1470)
E. When no price agreed (Art. 1474)
F. Manner of payment must be agreed upon
G. Earnest money vs. Option money (Art.1482)
VI. Formation of Contract of Sale
A. Preparatory (Art. 1479)
1. Offer (Art. 1475)
2. Option contract (Arts. 1479, 1324)
3. Right of first refusal
4. Mutual promise to buy and sell (Art. 1479)
B. Perfection (Arts. 1475, 1319, 1325, 1326)
C. Formalities of the contract, Art. 1403 (d) (e)
VII. Transfer of Ownership
A. Manner of transfer (Arts. 1477, 1496-1501)
B. When delivery does not transfer title
20
C. Kinds of delivery
D. Double sales (Art. 1544)
E. Property Registration Decree
1. Requisites for registration of deed of sale in good faith
2. Accompanied by vendor’s duplicate certificate of title, payment of capital gains
tax, and documentary tax registration fees
VIII. Risk of Loss
A. General rule (Arts. 1263, 1189)
B. When loss occurred before perfection
C. When loss occurred at time of perfection (Arts. 1493 and 1494)
D. When loss occurred after perfection but before delivery
E. When ownership is transferred (Art. 1504)
IX. Documents of Title
A. Definition (Art. 1636)
B. Purpose of documents of title
C. Negotiable documents of title
D. Non-negotiable documents of title
E. Warranties of seller of documents of title (Art. 1516)
F. Rules on levy/garnishment of goods (Arts. 1514, 1519, 1520)
X. Remedies of an Unpaid Seller
A. Definition of unpaid seller (Art. 1525)
B. Remedies of unpaid seller
XI. Performance of Contract
21
A. Delivery of thing sold
1. Sale of movables (Arts. 1522, 1537, 1480)
2. Sale of immovables (Arts. 1539, 1543)
3. Inspections and acceptance
B. Payment of price
XII. Warranties
A. Express warranties
B. Implied warranties (Art. 1547)
C. Effects of warranties
D. Effects of waivers
E. Buyer’s options in case of breach of warranty (Art. 1599)
XIII. Breach of Contract
A. Remedies of the seller (Arts. 1636, 1594)
1. Sale of movables
B. Recto Law: sale of movables on installment (Arts. 1484-1486)
C. Sale of immovables
1. P.D. 957, Secs. 23, 24
2. Sale of immovables on installment (Maceda Law)
D. Remedies of the buyer
1. Sale of movable
2. Sale of immovables
XIV. Extinguishment of the Sale
A. Causes (Arts. 1600, 1231)
B. Conventional redemption (Art. 1601)
C. Equitable mortgage (Arts. 1602-1604)
D. Distinguished from option to buy (Art. 1602)
E. Period of redemption (Art. 1606)
22
F. Exercise of the right to redeem (Art. 1616)
G. Legal redemption (Art. 1619)
H. Age redemption (Art. 1619)
XV. The Subdivision and Condominium Buyers' Protective Decree (P.D. 957)
XVI. The Condominium Act (R.A. 4726)
Exclude: Electronic Commerce Act of 2000 (R.A. 8792); Public Land Law, Retail Trade and
Liberalization Act, Bulk Sales Law (Act No. 3952)
SUCCESSION
I. General Provisions (Arts. 774-780)
A. Definition/what is transmitted (Arts. 774, 776, 781)
B. When succession occurs (Art. 777)
C. Kinds of successors: heirs, devisees, legatees (Art. 782)
II. Testamentary Succession
A. Wills
1. In general
a) Definition and characteristics (Arts. 783-787)
(i) Act of making a will a strictly personal act (Arts. 784-785, 787)
(a) Exception (Art. 786)
(ii) Rules of construction and interpretation (Arts. 788-794)
(iii) Law governing formal validity (Art. 795)
2. Testamentary capacity and intent (Arts. 796-803)
a) Age requirement (Art. 797)
b) Soundness of mind (Arts. 798-801)
(i) When testator is deemed to be of sound mind
(ii) Presumptions
(iii) Supervening incapacity
23
3. Form
a) Rules governing the formal validity of wills (Arts. 17, 815-817, 819)
(i) See law governing substantive validity (Arts.15, 16, 1039)
b) Common requirements (Art. 804)
(i) In writing
(ii) Language/dialect requirement
c) Notarial wills
(i) Arts. 805-806
(ii) Special rules for handicapped testators (Arts. 807-808)
(iii) Substantial compliance (Art. 809)
(iv) Witnesses to wills(Arts. 820-824)
d) Holographic wills
(i) Requirements (Arts. 810-814)
(a) Requirements in case of alterations (Art. 814)
(ii) Witnesses required for probate (Art. 811)
e) Joint wills (Arts. 818-819)
4. Codicils (Arts. 825-826)
a) Definition and formal requirements
5. Incorporate by reference (Art. 827)
6. Revocation (Arts. 828-834)
a) Kinds (Art. 830)
7. Allowance and disallowance of wills (Arts. 838-839)
a) Probate requirement (Art. 838)
(i) Issues to be resolved in probate proceedings (Art. 839)
(a) Exceptions: when practical considerations demand the
intrinsic validity of the will be resolved
(ii) Effect of final decree of probate, res judicata on formal
validity
b) Grounds for denying probate (Art. 839)
B. Institution of heirs (Arts. 840-856)
1. Preterition (Art. 854)
a) Definition
b) Requisites
c) Effects
(i) Effects of preterition, devisees only entitled to completion of
legitime
2. Concept – Art. 854
3. Compulsory heirs in the direct line
4. Preterition vs. Disposition less than legitime/donation inter vivos – Arts. 855,
906-918
24
C. Substitution of heirs (Arts. 857-870)
1. Definition (Art. 857)
2. Kinds (Arts. 858-860)
3. Simple substitution (Art. 859)
4. Fideicommissary substitution (Arts. 863-866, 869)
D. Conditional testamentary dispositions and testamentary dispositions with a term
(Arts. 871-885)
E. Legitime (Arts. 886-914)
1. Definition (Art. 886)
2. Compulsory heirs and various combinations (Arts. 887-903)
3. Reserva troncal (Art. 891)
4. Disinheritance
a) Disinheritance for cause (Art. 919)
(i) Reconciliation (Art. 922)
(ii) Rights of descendants of person disinherited (Art. 923)
b) Disinheritance without cause (Art. 918)
5. Legacies and devisees (Arts. 924-959)
III. Legal or Intestate Succession (Arts. 960-1014)
A. General provisions (Arts. 960-969)
1. Relationship (Arts. 963-969)
2. Right of representation (Arts. 970-977)
B. Order of intestate succession (Arts. 978-1014, 992)
IV. Provisions Common to Testate and Intestate Succession (Arts. 1015-1105)
A. Right of accretion (Arts. 1015-1023)
1. Definition and requisites (Arts. 1015-1016)
B. Capacity to succeed by will or intestacy (Arts. 1024-1040)
1. Persons incapable of succeeding (Arts. 1027, 739, 1032)
2. Unworthiness vs. Disinheritance
C. Acceptance and repudiation of the inheritance (Arts.1041-1057)
D. Collation (Arts. 908-910, 1061-1062)
E. Partition and distribution of estate (Arts. 1078-1105)
1. Partition (Arts. 1079, 1080)
2. Partition inter vivos
3. Effects of partition (Arts. 1091, 1097, 1100, 1104-1105)
25
Exclude: Executors and administrators (Arts. 1058-1060), which will be covered under
Remedial Law
PARTNERSHIP
I. Contract of Partnership
A. Definition
B. Elements
C. Rules to determine existence
D. How partnership is formed
E. Partnership term
F. Universal vs. Particular; General vs. Limited
G. Partnership by estoppel
H. Partnership v. Joint venture
I. Professional partnership
J. Management (Arts. 1800-1803)
II. Rights and Obligations of Partnership
III. Rights and Obligations of Partners Among Themselves
IV. Obligations of Partnership/Partners to Third Persons
V. Dissolution (Art. 1830)
VI. Limited Partnership
A. Definition
26
B. How limited partnership is formed/amended
C. Rights and obligations of a limited partner
Exclude: Questions requiring application of SEC opinions or regulations
AGENCY
I. Definition of Agency
II. Powers (Arts. 1877-1878)
A. To bind principal (Arts. 1897-1902)
B. Exception (Art. 1883)
III. Express vs. Implied Agency
IV. Agency by Estoppel
V. General vs. Special Agency
VI. Agency Couched in General Terms
VII. Agency Requiring Special Power of Attorney
VIII. Agency by Operation of Law
IX. Rights and Obligations of Principal
X. Irrevocable Agency (Arts. 1927-1930)
XI. Modes of Extinguishment
27
COMPROMISE
I. Definition (Art. 2028)
II. Void Compromise (Art. 2035)
III. Effect (Arts. 2037, 2041)
CREDIT TRANSACTIONS
I. Loan
A. Commodatum vs. Mutuum
B. Obligations of bailor and bailee
C. Interest and the suspension of usury law
II. Deposit
A. Voluntary deposit
B. Necessary deposit
C. Judicial deposit
III. Guaranty and Suretyship
A. Nature and extent of guaranty
B. Effects of guaranty
C. Extinguishment of guaranty
D. Legal and judicial bonds
IV. Pledge
28
A. Definition
B. Kinds
C. Essential requirements
D. Obligation of pledge
E. Rights of pledgor
F. Perfection (Arts. 2093, 2096)
G. Foreclosure (Arts. 2112, 2115)
H. Pledge by operation of law (Art. 2121-2122)
I. Distinguished from chattel mortgage (Arts. 2140, 1484)
V. Real Mortgage
A. Definition and characteristics
B. Essential requisites
C. Foreclosure
VI. Antichresis
A. Definition and characteristics
B. Obligations of antichretic creditor
VII. Chattel Mortgage
A. Definition and characteristics
B. Registration
VIII. Quasi-contracts
A. Negotiorum gestio
B. Solutio indebiti
29
IX. Concurrence and Preference of Credits
A. Meaning of concurrence and preference
B. Preferred credits on specific movables
C. Exempt property
D. Classification of credits
E. Order of preference of credits
X. Insolvency Law
A. Definition of insolvency
B. Suspension of payments
C. Voluntary insolvency
D. Involuntary insolvency
Exclude: Warehouse Receipts Law, Usury Law
LEASE
I. Lease of Things
II. Lease of Work or Services
III. Lease of Rural and Urban Lands
A. Qualified persons
B. Registration
C. Prohibitions
30
IV. Rights and Obligations of Lessor and Lessee
V. Special Rules for Lease of Rural/Urban Lands
VI. Household Service
VII. Contract of Labor
A. Obligation in case of death/injury of laborers
VIII. Contract for Piece of Work
LAND TITLES AND DEEDS
I. Torrens System
A. Concept and background
B. Certificate of title
II. Regalian Doctrine
A. Concept
B. Effects
C. Concept of native title, time immemorial possession
III. Citizenship Requirement
A. Individuals and corporations
IV. Original Registration
A. Who may apply
1. Under P.D. 1529
31
2. Under C.A. 141
3. Under R.A. 8371
B. Registration process and requirements
C. Remedies
D. Cadastral registration
V. Subsequent Registration
A. Voluntary dealings
B. Involuntary dealings
VI. Non-registrable Properties
VII. Dealings with Unregistered Lands
Exclude:
1. History of land laws
2. Remedies sufficiently covered under Remedial Law
3. Registration of judgments, orders and partitions
4. Assurance fund
5. Registration of patents
6. Administrative structure of the Register of Deeds
7. Consultas.
TORTS AND DAMAGES
Book I--Torts
I. Principles
A. Abuse of right; elements
B. Unjust enrichment
C. Liability without fault
D. Acts contrary to law
32
E. Acts contrary to morals
II. Classification of Torts
A. According to manner of commission: intentional, negligent and strict liability
B. According to scope: general or specific
III. The Tortfeasor
A. The direct tortfeasor
1. Natural persons
2. Juridical persons
B. Persons made responsible for others
1. In general
a) Quasi-delicts under Art. 2180, and the Family Code, Arts.
218-219, 221
(i) Elements; definition
(ii) Distinguished from culpa contractual and culpa criminal
b) Indirect liability for intentional acts
c) Presumption of negligence on persons indirectly responsible
d) Nature of liability; joint or solidary?
2. In particular
a) Parents
b) Guardians
c) Owners and managers of establishments and enterprises
d) Employers
(i) Meaning of employers
(ii) Requisites
(a) Employee chosen by employer or through another
(b) Services rendered in accordance with orders which
employer has authority to give
(c) Illicit act of employee was on the occasion or by reason
of the functions entrusted to him
(d) Presumption of negligence
(iii) Employer need not be engaged in business or industry
(iv) Defense of diligence in selection and supervision
(v) Nature of employer’s liability
e) State
f) Teachers and heads of establishments of arts and trades
C. Joint tortfeasors (Art. 2194, Civil Code)
33
IV. Act of Omission and Its Modalities
A. Concept of act
V. Proximate Cause
A. Concept
1. Definition
2. Test
3. Distinguished from immediate cause
4. Distinguished from intervening cause
5. Distinguished from remote and concurrent
B. Cause in fact
1. Substantial factor test
2. Concurrent causes
C. Legal cause
1. Natural and probable consequences
2. Foreseeability
D. Efficient intervening cause
E. Cause vs. Condition
F. Last clear chance
VI. Legal Injury
A. Concept
B. Elements of right
C. Violation of right or legal injury
D. Classes of injury
1. Injury to persons
2. Injury to property
3. Injury to relations
VII. Intentional Torts
34
A. General
1. Concept
2. Classes
a) Interference with persons and property
(i) Physical harms
(ii) Non-physical harms
b) Interference with relations
B. Interference with rights to persons and property
1. Intentional physical harms
a) General
(i) Concept
(ii) Kinds
b) Violation of persons security, physical injuries (Art. 33, Civil Code)
(i) Battery (physical injury)
(ii) Assault (grave threat)
c) False imprisonment (illegal detention)
d) Trespass to land
(i) Concept
(ii) Elements
e) Interference with personal property
(i) Trespass to chattels
(ii) Conversion
2. Intentional non-physical harms
a) General
(i) Concept
(ii) Kinds
b) Violation of personal dignity
c) Infliction of emotional distress
d) Violation of privacy
(i) Appropriation
(ii) Intrusion
(iii) Public disclosure of private facts
(iv) False light in the public eye
e) Disturbance of peace of mind
f) Malicious prosecution
g) Defamation
(i) Defenses
(a) Absence of elements
(b) Privilege
h) Fraud or misrepresentation (formerly deceit)
i) Seduction
j) Unjust dismissal
C. Interference with relations
1. General
35
a) Concept
b) Kinds
2. Family relations
a) Alienation of affection
b) Loss of consortium
c) Criminal conversation (adultery)
3. Social relations
a) Meddling with or disturbing family relations
b) Intriguing to cause another to be alienated from his friends
4. Economic relations
a) Interference with contractual relations
b) Unfair competition
5. Political relations
a) Violation of right to suffrage (Civil Code, Art. 32)
b) Violation of other political rights (freedom of speech, press, assembly
and petition, etc.)
6. Defenses
a) Absence of element
b) Privilege
(i) Consent
(ii) Self-defense and defense of others
(iii) Necessity (Civil Code, Art. 429)
(iv) Defense of property
(v) Authority of law
c) Prescription
d) Waiver
e) Force majeure
VIII. Negligence
A. Concept
B. Good father of a family or reasonably prudent man
C. Standard of care
1. Civil Code, Art. 1173
2. Emergency rule
D. Unreasonable risk of harm
E. Evidence
36
F. Presumption of negligence
1. Legal provisions
2. Res ipsa loquitur
G. Defenses
1. Complete
a) Absence of element
(i) Due diligence
(ii) Acts of public officers
b) Accident or fortuitous event
c) Damnum absque injuria
d) Authority of law
e) Assumption of risk
f) Last clear chance
g) Prescription (Civil Code, Arts. 1144, 1146, and 1150)
h) Waiver
i) Double recovery (Civil Code, Art. 2177)
IX. Special Liability in Particular Activities
A. General
1. Concept
B. Products liability
1. Manufacturers or processors
a) Elements
b) Consumer Act [R.A. 7394, Secs. 92-107, (Ch. 1)]
C. Nuisance (Civil Code, Arts. 694-707)
1. Nuisance per se and nuisance per accidence
2. Public nuisance and private nuisance
3. Attractive nuisance
D. Violation of constitutional rights
1. Violation of civil liberties
E. Violation of rights committed by public officers
F. Provinces, cities and municipalities
G. Owner of motor vehicle
H. Proprietor of building or structure or thing
I. Head of family
37
X. Strict Liability
A. Animals
1. Possessor and user of an animal
B. Nuisance (supra)
1. Classes
a) Per se or per accidents
b) Public or private
2. Easement against nuisance
C. Products liability (supra)
1. Consumer act
Book II--Damages
I. General Considerations
A. Classification
1. Under Art. 2197 of the Civil Code
2. According to purpose
3. According to manner of determination
4. Special and ordinary
II. Actual and Compensatory Damages
A. Concept
B. Requisites
1. Alleged and proved with certainty
2. Not speculative
C. Component elements
1. Value of loss; unrealized profit
2. Attorney’s fees and expenses of litigation
3. Interest
D. Extent or scope of actual damages
1. In contracts and quasi-contracts
2. In crimes and quasi-delicts
III. Moral Damages
38
A. Concept (Arts. 2217-2218)
B. When recoverable (Arts. 2219-2220)
1. In seduction, abduction, rape and other lascivious acts
2. In acts referred to in Arts. 21, 26, 27, 28, 29, 32, 34 & 35, Civil Code,
3. In cases of malicious prosecution
IV. Nominal Damages
A. Concept
B. When awarded
V. Temperate or Moderate Damages
A. Concept
B. When awarded
VI. Liquidated Damages
A. Concept (Civil Code, Art. 2226)
B. Rules governing in case of breach of contract
VII. Exemplary or Corrective Damages
A. Concept (Civil Code, Art. 2229)
B. When recovered
1. In criminal offenses (Civil Code, Art. 2230)
2. In quasi-delicts (Civil Code, Art. 2231)
3. In contracts and quasi-contracts (Civil Code, Art. 2232)
C. Requisites
1. Arts. 2233, 2234
VIII. Damages in Case of Death
A. In crimes and quasi-delicts causing death
1. In death caused by breach of conduct by a common crime
IX. Graduation of Damages
39
A. Duty of injured party
1. Art. 2203
B. Rules
1. In crimes
2. In quasi-delict (Civil Code, Art. 2214)
3. In contracts, quasi-contracts and quasi-delicts (Civil Code, Art. 2215)
4. Liquidated damages (Civil Code, Art. 2227)
5. Compromise
X. Miscellaneous Rules
A. Damages that cannot co-exist
1. Nominal with other damages (Art. 2223)
2. Actual and liquidated (Art. 2226)
B. Damages that must co-exist
1. Exemplary with moral, temperate, liquidated or compensatory
C. Damages that must stand alone
1. Nominal damages (Art. 2223)
Exclude: Distinction between tort and quasi-delict
Include: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
Important note: This bar coverage description is not intended and should not be used by law
schools as a syllabus or course outline in the covered subjects. It has been drawn up for the
limited purpose of ensuring that candidates reviewing for the bar examinations are guided on
what basic and minimum amounts of laws, doctrines, and principles they need to know and be
able to use correctly before they can be licensed to practice law. More is required for excellent
and distinguished work as members of the Bar.

Page 1 of 17
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
MERCANTILE LAW
I. Letters of Credit
A. Definition/concept
B. Governing laws
C. Nature of letter of credit
D. Parties to a letter of credit
1. Rights and obligations of parties
E. Basic principles of letter of credit
1. Doctrine of independence
2. Fraud exception principle
3. Doctrine of strict compliance
II. Warehouse Receipts Law
A. Nature and functions of a warehouse receipt
1. To whom delivered
2. Kinds
3. Distinction between a negotiable instrument and a negotiable warehouse receipt
4. Rights of a holder of a negotiable warehouse receipt as against a transferee of a nonnegotiable
warehouse receipt
B. Duties of a warehouseman
C. Warehouseman’s lien
III. Trust Receipts Law
A. Definition/concept of a trust receipt transaction
1. Loan/security feature
2. Ownership of the goods, documents and instruments under a trust receipt
B. Rights of the entruster
1. Validity of the security interest as against the creditors of the entrustee/innocent
purchasers for value
Page 2 of 17
C. Obligations and liability of the entrustee
1. Payment/delivery of proceeds of sale or disposition of goods, documents or instruments
2. Return of goods, documents or instruments in case of sale
3. Liability for loss of goods, documents or instruments
4. Penal sanction if offender is a corporation
D. Remedies available
IV. Negotiable Instruments Law
A. Forms and interpretation
1. Requisites of negotiability
2. Kinds of negotiable instrument
B. Completion and delivery
1. Insertion of date
2. Completion of blanks
3. Incomplete and undelivered instruments
4. Complete but undelivered instruments
C. Rules of interpretation
D. Signature
1. Signing in trade name
2. Signature of agent
3. Indorsement by minor or corporation
4. Forgery
E. Consideration
F. Accommodation party
G. Negotiation
1. Distinguished from assignment
2. Modes of negotiation
3. Kinds of indorsement
H. Rights of the holder
1. Holder in due course
2. Defenses against the holder
I. Liabilities of parties
1. Maker
2. Drawer
Page 3 of 17
3. Acceptor
4. Indorser
5. Warranties
J. Presentment for payment
1. Necessity of presentment for payment
2. Parties to whom presentment for payment should be made
3. Dispensation with presentment for payment
4. Dishonor by non-payment
K. Notice of dishonor
1. Parties to be notified
2. Parties who may give notice of dishonor
3. Effect of notice
4. Form of notice
5. Waiver
6. Dispensation with notice
7. Effect of failure to give notice
l. Discharge of negotiable instrument
1. Discharge of negotiable instrument
2. Discharge of parties secondarily liable
3. Right of party who discharged instrument
4. Renunciation by holder
M. Material alteration
1. Concept
2. Effect of material alteration
N. Acceptance
1. Definition
2. Manner
3. Time for acceptance
4. Rules governing acceptance
O. Presentment for acceptance
1. Time/place/manner of presentment
2. Effect of failure to make presentment
3. Dishonor by non-acceptance
P. Promissory notes
Q. Checks
1. Definition
2. Kinds
3. Presentment for payment
Page 4 of 17
a) Time
b) Effect of delay
V. Insurance Code
A. Concept of insurance
B. Elements of an insurance contract
C. Characteristics/nature of insurance contracts
D. Classes
1. Marine
2. Fire
3. Casualty
4. Suretyship
5. Life
6. Compulsory motor vehicle liability insurance
E. Insurable interest
1. In life/health
2. In property
3. Double insurance and over insurance
4. Multiple or several interests on same property
F. Perfection of the contract of insurance
1. Offer and acceptance/consensual
a) Delay in acceptance
b) Delivery of policy
2. Premium payment
3. Non-default options in life insurance
4. Reinstatement of a lapsed policy of life insurance
5. Refund of premiums
G. Rescission of insurance contracts
1. Concealment
2. Misrepresentation/omissions
3. Breach of warranties
H. Claims settlement and subrogation
1. Notice and proof of loss
2. Guidelines on claims settlement
a) Unfair claims settlement; sanctions
b) Prescription of action
c) Subrogation
Page 5 of 17
VI. Transportation Law
A. Common carriers
1. Diligence required of common carriers
2. Liabilities of common carriers
B. Vigilance over goods
1. Exempting causes
a) Requirement of absence of negligence
b) Absence of delay
c) Due diligence to prevent or lessen the loss
2. Contributory negligence
3. Duration of liability
a) Delivery of goods to common carrier
b) Actual or constructive delivery
c) Temporary unloading or storage
4. Stipulation for limitation of liability
a) Void stipulations
b) Limitation of liability to fixed amount
c) Limitation of liability in absence of declaration of greater value
5. Liability for baggage of passengers
a) Checked-in baggage
b) Baggage in possession of passengers
C. Safety of passengers
1. Void stipulations
2. Duration of liability
a) Waiting for carrier or boarding of carrier
b) Arrival at destination
3. Liability for acts of others
a) Employees
b) Other passengers and strangers
4. Extent of liability for damages
D. Bill of lading
1. Three-fold character
2. Delivery of goods
a) Period for delivery
b) Delivery without surrender of bill of lading
c) Refusal of consignee to take delivery
3. Period for filing claims
4. Period for filing actions
E. Maritime commerce
Page 6 of 17
1. Charter parties
a) Bareboat/demise charter
b) Time charter
c) Voyage/trip charter
2. Liability of ship owners and shipping agents
a) Liability for acts of captain
b) Exceptions to limited liability
3. Accidents and damages in maritime commerce
a) General average
b) Collisions
4. Carriage of Goods by Sea Act
a) Application
b) Notice of loss or damage
c) Period of prescription
d) Limitation of liability
F. Public Service Act
1. Definition of public utility
2. Necessity for certificate of public convenience
a) Requisites
(i) Citizenship
(ii) Promotion of public interests
(iii) Financial capability
b) Prior operator rule
(i) Meaning
(ii) Exceptions
(iii) Ruinous competition
3. Fixing of rate
a) Rate of return
b) Exclusion of income tax as expense
4. Unlawful arrangements
a) Boundary system
b) Kabit system
5. Approval of sale, encumbrance or lease of property
G. The Warsaw Convention
1. Applicability
2. Limitation of liability
a) Liability to passengers
b) Liability for checked baggage
c) Liability for hand-carried baggage
3. Willful misconduct
VII. The Corporation Code
Page 7 of 17
A. Corporation, defined
B. Classification of corporations
C. Nationality of corporations
1. Control test
2. Grandfather rule
D. Corporate juridical personality
1. Doctrine of separate juridical personality
a) Liability for tort and crimes
b) Recovery of damages
2. Doctrine of piercing the corporate veil
a) Grounds for application of doctrine
b) Test in determining applicability
E. Capital structure
1. Number and qualifications of incorporators
2. Minimum capital stock and subscription requirements
3. Corporate term
4. Classification of shares
F. Incorporation and organization
1. Promoter
a) Liability of promoter
b) Liability of corporation for promoter’s contracts
2. Subscription contract
3. Pre-incorporation subscription agreements
4. Consideration for stocks
5. Articles of incorporation
a) Contents
b) Non-amendable items
6. Corporate name -- limitations on use of corporate name
7. Registration and issuance of certificate of incorporation
8. Election of directors or trustees
9. Adoption of by-laws
a) Requisites of valid by-laws
b) Binding effects
c) Amendments
G. Corporate powers
1. General powers, theory of general capacity
2. Specific powers, theory of specific capacity
a) Power to extend or shorten corporate term
b) Power to increase or decrease capital stock or incur, create, increase bonded
indebtedness
Page 8 of 17
c) Power to deny pre-emptive rights
d) Power to sell or dispose of corporate assets
e) Power to acquire own shares
f) Power to invest corporate funds in another corporation or business
g) Power to declare dividends
h) Power to enter into management contract
i) Ultra vires acts
(i) Applicability of ultra vires doctrine
(ii) Consequences of ultra vires acts
j) Doctrine of individuality of subscription
k) Doctrine of equality of shares
l) Trust fund doctrine
3. How exercised
a) By the shareholders
b) By the board of directors
c) By the officers
H. Stockholders and members
1. Fundamental rights of a stockholder
2. Participation in management
a) Proxy
b) Voting trust
c) Cases when stockholders’ action is required
(i) By a majority vote
(ii) By a two-thirds vote
(iii) By cumulative voting
3. Proprietary rights
a) Right to dividends
b) Right of appraisal
c) Right to inspect
d) Pre-emptive right
e) Right to vote
f) Right to dividends
4. Remedial rights
a) Individual suit
b) Representative suit
c) Derivative suit
5. Obligation of a stockholder
6. Meetings
a) Regular or special
(i) When and where
(ii) Notice
b) Who calls the meetings
c) Quorum
d) Minutes of meetings
Page 9 of 17
I. Board of directors and trustees
1. Repository of corporate powers
2. Tenure, qualifications and disqualifications of directors
3. Elections
a) Cumulative voting
b) Quorum
4. Removal
5. Filling of vacancies
6. Compensation
7. Disloyalty
8. Business judgment rule
9. Solidary liabilities for damages
10. Liability for watered stocks
11. Personal liabilities
12. Responsibility for crimes
13. Special fact doctrine
14. Inside information
15. Contracts
a) By self-dealing directors with the corporation
b) Between corporations with interlocking directors
16. Executive committee
a) Creation
b) Limitations on its powers
17. Meetings
a) Regular or special
(i) When and where
(ii) Notice
b) Who presides
c) Quorum
d) Rule on abstention
J. Capital affairs
1. Certificate of stock
a) Nature of the certificate
b) Uncertificated shares
c) Negotiability
(i) Requirements for valid transfer of stocks
d) Issuance
(i) Full payment
(ii) Payment pro-rata
e) Stock and transfer book
(i) Contents
(ii) Who may make valid entries
f) Lost or destroyed certificates
g) Situs of the shares of stock
2. Watered stocks
a) Definition
Page 10 of 17
b) Liability of directors for watered stocks
c) Trust fund doctrine for liability for watered stocks
3. Payment of balance of subscription
a) Call by board of directors
b) Notice requirement
4. Sale of delinquent shares
a) Effect of delinquency
b) Call by resolution of the board of directors
c) Notice of sale
d) Auction sale
5. Alienation of shares
a) Allowable restrictions on the sale of shares
b) Sale of partially paid shares
c) Sale of a portion of shares not fully paid
d) Sale of all of shares not fully paid
e) Sale of fully paid shares
f) Requisites of a valid transfer
g) Involuntary dealings
K. Dissolution and liquidation
1. Modes of dissolution
a) Voluntary
(i) Where no creditors are affected
(ii) Where creditors are affected
(iii) By shortening of corporate term
b) Involuntary
(i) By expiration of corporate term
(ii) Failure to organize and commence business within 2 years from
incorporation
(iii) Legislative dissolution
(iv) Dissolution by the SEC on grounds under existing laws
2. Methods of liquidation
a) By the corporation itself
b) Conveyance to a trustee within a 3-year period
c) By management committee or rehabilitation receiver
d) Liquidation after three years
L. Other corporations
1. Close corporations
a) Characteristics of a close corporation
b) Validity of restrictions on transfer of shares
c) Issuance or transfer of stock in breach of qualifying conditions
d) When board meeting is unnecessary or improperly held
e) Pre-emptive right
f) Amendment of articles of incorporation
g) Deadlocks
Page 11 of 17
2. Non-stock corporations
a) Definition
b) Purposes
c) Treatment of profits
d) Distribution of assets upon dissolution
3. Religious corporations
a) Corporation sole
(i) Nationality
(ii) Religious societies
4. Foreign corporations
a) Bases of authority over foreign corporations
(i) Consent
(ii) Doctrine of “doing business” (relate to definition under the Foreign
Investments Act, R.A. 7042)
b) Necessity of a license to do business
(i) Requisites for issuance of a license
(ii) Resident agent
c) Personality to sue
d) Suability of foreign corporations
e) Instances when unlicensed foreign corporations may be allowed to sue
isolated transactions
f) Grounds for revocation of license
M. Merger and consolidation
1. Definition and concept
2. Constituent vs. Consolidated corporation
3. Plan of merger or consolidation
4. Articles of merger or consolidation
5. Procedure
6. Effectivity
7. Limitations
8. Effects
VIII. Securities Regulation Code (R.A. 8799)
A. State policy (purpose)
B. Powers and functions of the SEC
1. Regulatory
2. Adjudicative
C. Securities required to be registered
1. Exempt securities
2. Exempt transactions
Page 12 of 17
D. Procedure for registration of securities
E. Prohibitions on fraud, manipulation and insider trading
1. Manipulation of security prices
2. Short sales
3. Fraudulent transactions
4. Insider trading
F. Protection of investors
1. Tender offer rule
2. Rules on proxy solicitation
3. Disclosure rule
G. Civil liability
IX. Banking Laws
A. The New Central Bank Act (R.A. 7653)
1. State policies
2. Creation of the Bangko Sentral ng Pilipinas (BSP)
3. Responsibility and primary objective
4. Monetary board - powers and functions
5. How the BSP handles banks in distress
a) Conservatorship
b) Closure
c) Receivership
d) Liquidation
6. How the BSP handles exchange crisis
a) Legal tender power
b) Rate of exchange
B. Law on Secrecy of Bank Deposits (R.A. 1405, as amended)
1. Purpose
2. Prohibited acts
3. Deposits covered
4. Exceptions
5. Garnishment of deposits, including foreign deposits
6. Penalties for violation
C. General Banking Act (R.A. 8791)
1. Definition and classification of banks
2. Distinction of banks from quasi-banks and trust entities
3. Bank powers and liabilities
a) Corporate powers
b) Banking and incidental powers
Page 13 of 17
4. Diligence required of banks - relevant jurisprudence
5. Nature of bank funds and bank deposits
6. Stipulation on interests
7. Grant of loans and security requirements
a) Ratio of net worth to total risk assets
b) Single borrower’s limit
c) Restrictions on bank exposure to DOSRI (directors, officers, stockholders and
their related interests)
8. Penalties for violations
a) Fine, imprisonment
b) Suspension or removal of director or officer
c) Dissolution of bank
D. Philippine Deposit Insurance Corporation Act
1. Basic policy
2. Concept of insured deposits
3. Liability to depositors
a) Deposit liabilities required to be insured with PDIC
b) Commencement of liability
c) Deposit accounts not entitled to payment
d) Extent of liability
e) Determination of insured deposits
f) Calculation of liability
(i) Per depositor, per capacity rule
(ii) Joint accounts
(iii) Mode of payment
(iv) Effect of payment of insured deposit
(v) Payments of insured deposits as preferred credit under Art. 2244, Civil
Code
(vi) Failure to settle claim of insured depositor
(vii) Failure of depositor to claim insured deposits
(a) Examination of banks and deposit accounts
(b) Prohibition against splitting of deposits
(c) Prohibition against issuances of TROs, etc.
X. Intellectual Property Law (excluding implementing rules and regulations)
A. Intellectual property rights in general
1. Intellectual property rights
2. Differences between copyrights, trademarks and patent
3. Technology transfer arrangements
B. Patents
1. Patentable inventions
2. Non-patentable inventions
Page 14 of 17
3. Ownership of a patent
a) Right to a patent
b) First-to-file rule
c) Inventions created pursuant to a commission
d) Right of priority
4. Grounds for cancellation of a patent
5. Remedy of the true and actual inventor
6. Rights conferred by a patent
7. Limitations of patent rights
a) Prior user
b) Use by the government
8. Patent infringement
a) Tests in patent infringement
(i) Literal infringement
(ii) Doctrine of equivalents
b) Civil and criminal action
c) Prescriptive period
d) Defenses in action for infringement
9. Licensing
a) Voluntary
b) Compulsory
10. Assignment and transmission of rights
C. Trademarks
1. Definitions of marks, collective marks, trade names
2. Acquisition of ownership of mark
3. Acquisition of ownership of trade name
4. Non-registrable marks
5. Prior use of mark as a requirement
6. Tests to determine confusing similarity between marks
a) Dominancy test
b) Holistic test
7. Well-known marks
8. Rights conferred by registration
9. Use by third parties of names, etc. similar to registered mark
10. Infringement and remedies
a) Trademark infringement
b) Damages
c) Requirement of notice
11. Unfair competition
12. Trade names or business names
13. Collective marks
14. Criminal penalties for infringement, unfair competition, false designation of origin, and
false description or misrepresentation
D. Copyrights
Page 15 of 17
1. Basic principles, Secs. 172.2, 175, and 181
2. Copyrightable works
a) Original works
b) Derivative works
3. Non-copyrightable works
4. Rights of copyright owner
5. Rules on ownership of copyright
6. Limitations on copyright
a) Doctrine of fair use
b) Copyright infringement
(i) Remedies
(ii) Criminal penalties
XI. Special Laws
A. The Chattel Mortgage Law (Act 1508 in rel. to Arts. 1484, 1485, 2140 and 2141 of the Civil Code)
1. Essential requisites
2. Formal requisites
3. Registration, when and where
4. After-acquired property
5. After-incurred obligation
6. Right of junior mortgagee
7. Foreclosure procedure
8. Redemption
9. Claim for deficiency
a) General rule
b) Exception
c) Article 1484
B. Real Estate Mortgage Law (Act 3135, as amended by R.A. 4118)
1. Coverage
2. Remedies available to mortgagee upon default of the mortgagor
3. Need for special power of attorney
4. Authority to foreclose extrajudicially
5. Procedure
a) Where to file
b) Where to sell
c) Posting requirement
d) Publication requirement
(i) Sufficiency of newspaper publication
(ii) Need for republication in case of postponement
(iii) Personal notice to the mortgagor when and when not needed
6. Possession by purchaser of foreclosed property
7. Remedy of debtor if foreclosure is not proper
8. Redemption
Page 16 of 17
a) Who may redeem
b) Amount of redemption price
c) Period for redemption
d) Effect of pendency of action for annulment of sale
9. Writ of possession
a) Ministerial duty of the court
b) Enforcement against third parties
c) Pendency of action for annulment of sale
10. Annulment of sale
C. Truth in Lending Act (R.A. 3765)
1. Purpose
2. Obligation of creditors to person to whom credit is extended
3. Covered and excluded transactions
4. Consequences of non-compliance with obligation
D. Anti-money Laundering Law (R.A. 9160, as amended by R.A. 9194)
1. Policy of the law
2. Covered institutions
3. Obligations of covered institutions
4. Covered transactions
5. Suspicious transactions
6. When is money laundering committed
7. Unlawful activities or predicate crimes
8. Anti-money laundering council
9. Functions
10. Freezing of monetary instrument or property
11. Authority to inquire into bank deposits
E. Foreign Investments Act (R.A. 7042)
1. Policy of the law
2. Definition of terms
a) Foreign investment
b) “Doing business” in the Philippines
c) Export enterprise
d) Domestic market enterprise
3. Registration of investments of non-Philippine nationals
4. Foreign investments in export enterprises
5. Foreign investments in domestic market enterprises
6. Foreign investment negative list
INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
Important note: This bar coverage description is not intended and should not be used
by law schools as a syllabus or course outline in the covered subjects. It has been
Page 17 of 17
drawn up for the limited purpose of ensuring that candidates reviewing for the bar
examinations are guided on what basic and minimum amounts of laws, doctrines, and
principles they need to know and be able to use correctly before they can be licensed to
practice law. More is required for excellent and distinguished work as members of the
Bar.

Page 1 of 29
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
TAXATION
I. General Principles of Taxation
A. Definition and concept of taxation
B. Nature of taxation
C. Characteristics of taxation
D. Power of taxation compared with other powers
1. Police power
2. Power of eminent domain
E. Purpose of taxation
1. Revenue-raising
2. Non-revenue/special or regulatory
F. Principles of sound tax system
1. Fiscal adequacy
2. Administrative feasibility
3. Theoretical justice
G. Theory and basis of taxation
1. Lifeblood theory
2. Necessity theory
3. Benefits-protection theory (Symbiotic relationship)
4. Jurisdiction over subject and objects
H. Doctrines in taxation
1. Prospectivity of tax laws
2. Imprescriptibility
3. Double taxation
a) Strict sense
b) Broad sense
c) Constitutionality of double taxation
d) Modes of eliminating double taxation
4. Escape from taxation
Page 2 of 29
a) Shifting of tax burden
(i) Ways of shifting the tax burden
(ii) Taxes that can be shifted
(iii) Meaning of impact and incidence of taxation
b) Tax avoidance
c) Tax evasion
5. Exemption from taxation
a) Meaning of exemption from taxation
b) Nature of tax exemption
c) Kinds of tax exemption
(i) Express
(ii) Implied
(iii) Contractual
d) Rationale/grounds for exemption
e) Revocation of tax exemption
6. Compensation and set-off
7. Compromise
8. Tax amnesty
a) Definition
b) Distinguished from tax exemption
9. Construction and interpretation of:
a) Tax laws
(i) General rule
(ii) Exception
b) Tax exemption and exclusion
(i) General rule
(ii) Exception
c) Tax rules and regulations
(i) General rule only
d) Penal provisions of tax laws
e) Non-retroactive application to taxpayers
(i) Exceptions
I. Scope and limitation of taxation
1. Inherent limitations
a) Public purpose
b) Inherently legislative
(i) General rule
(ii) Exceptions
(a) Delegation to local governments
Page 3 of 29
(b) Delegation to the president
(c) Delegation to administrative agencies
c) Territorial
(i) Situs of taxation
(a) Meaning
(b) Situs of income tax
(1) From sources within the Philippines
(2) From sources without the Philippines
(3) Income partly within and partly without the Philippines
(c) Situs of property taxes
(1) Taxes on real property
(2) Taxes on personal property
(d) Situs of excise tax
(1) Estate tax
(2) Donor’s tax
(e) Situs of business tax
(1) Sale of real property
(2) Sale of personal property
(3) VAT
d) International comity
e) Exemption of government entities, agencies, and instrumentalities
2. Constitutional limitations
a) Provisions directly affecting taxation
(i) Prohibition against imprisonment for non-payment of poll tax
(ii) Uniformity and equality of taxation
(iii) Grant by congress of authority to the president to impose tariff rates
(iv) Prohibition against taxation of religious, charitable entities, and
educational entities
(v) Prohibition against taxation of non-stock, non-profit institutions
(vi) Majority vote of congress for grant of tax exemption
(vii) Prohibition on use of tax levied for special purpose
(viii) President’s veto power on appropriation, revenue, tariff bills
(ix) Non-impairment of jurisdiction of the Supreme Court
(x) Grant of power to the local government units to create its own sources of
revenue
(xi) Flexible tariff clause
(xii) Exemption from real property taxes
(xiii) No appropriation or use of public money for religious purposes
b) Provisions indirectly affecting taxation
Page 4 of 29
(i) Due process
(ii) Equal protection
(iii) Religious freedom
(iv) Non-impairment of obligations of contracts
J. Stages of taxation
1. Levy
2. Assessment and collection
3. Payment
4. Refund
K. Definition, nature, and characteristics of taxes
L. Requisites of a valid tax
M. Tax as distinguished from other forms of exactions
1. Tariff
2. Toll
3. License fee
4. Special assessment
5. Debt
N. Kinds of taxes
1. As to object
a) Personal, capitation, or poll tax
b) Property tax
c) Privilege tax
2. As to burden or incidence
a) Direct
b) Indirect
3. As to tax rates
a) Specific
b) Ad valorem
c) Mixed
4. As to purposes
a) General or fiscal
b) Special, regulatory, or sumptuary
5. As to scope or authority to impose
a) National – internal revenue taxes
b) Local – real property tax, municipal tax
Page 5 of 29
6. As to graduation
a) Progressive
b) Regressive
c) Proportionate
II. National Internal Revenue Code of 1997, as amended (NIRC)
A. Income taxation
1. Income tax systems
a) Global tax system
b) Schedular tax system
c) Semi-schedular or semi-global tax system
2. Features of the Philippine income tax law
a) Direct tax
b) Progressive
c) Comprehensive
d) Semi-schedular or semi-global tax system
3. Criteria in imposing Philippine income tax
a) Citizenship principle
b) Residence principle
c) Source principle
4. Types of Philippine income tax
5. Taxable period
a) Calendar period
b) Fiscal period
c) Short period
6. Kinds of taxpayers
a) Individual taxpayers
(i) Citizens
(a) Resident citizens
(b) Non-resident citizens
(ii) Aliens
(a) Resident aliens
(b) Non-resident aliens
(1) Engaged in trade or business
(2) Not engaged in trade or business
(iii) Special class of individual employees
(a) Minimum wage earner
Page 6 of 29
b) Corporations
(i) Domestic corporations
(ii) Foreign corporations
(a) Resident foreign corporations
(b) Non-resident foreign corporations
(iii) Joint Venture and Consortium
c) Partnerships
d) General professional partnerships
e) Estates and trusts
f) Co-ownerships
7. Income taxation
a) Definition
b) Nature
c) General principles
8. Income
a) Definition
b) Nature
c) When income is taxable
(i) Existence of income
(ii) Realization of income
(a) Tests of realization
(b) Actual vis-à-vis constructive receipt
(iii) Recognition of income
(iv) Methods of accounting
(a) Cash method vis-à-vis accrual method
(b) Installment payment vis-à-vis deferred payment vis-à-vis percentage
completion (in long term contracts)
d) Tests in determining whether income is earned for tax purposes
(i) Realization test
(ii) Claim of right doctrine or doctrine of ownership, command, or control
(iii) Economic benefit test, doctrine of proprietary interest
(iv) Severance test
9. Gross income
a) Definition
b) Concept of income from whatever source derived
c) Gross income vis-à-vis net income vis-à-vis taxable income
d) Classification of income as to source
Page 7 of 29
(i) Gross income and taxable income from sources within the Philippines
(ii) Gross income and taxable income from sources without the Philippines
(iii) Income partly within or partly without the Philippines
e) Sources of income subject to tax
(i) Compensation income
(ii) Fringe benefits
(a) Special treatment of fringe benefits
(b) Definition
(c) Taxable and non-taxable fringe benefits
(iii) Professional income
(iv) Income from business
(v) Income from dealings in property
(a) Types of properties
(1) Ordinary assets
(2) Capital assets
(b) Types of gains from dealings in property
(1) Ordinary income vis-à-vis capital gain
(2) Actual gain vis-à-vis presumed gain
(3) Long term capital gain vis-à-vis short term capital gain
(4) Net capital gain, net capital loss
(5) Computation of the amount of gain or loss
(a) Cost or basis of the property sold
(b) Cost or basis of the property exchanged in corporate
readjustment
(1) Merger
(2) Consolidation
(3) Transfer to a controlled corporation (tax-free
exchanges)
(c) Recognition of gain or loss in exchange of property
(1) General rule
(a) Where no gain or loss shall be recognized
(2) Exceptions
(a) Meaning of merger, consolidation, control
securities
(b) Transfer of a controlled corporation
(6) Income tax treatment of capital loss
(a) Capital loss limitation rule (applicable to both corporations
and individuals)
(b) Net loss carry-over rule (applicable only to individuals)
(7) Dealings in real property situated in the Philippines
Page 8 of 29
(8) Dealings in shares of stock of Philippine corporations
(a) Shares listed and traded in the stock exchange
(b) Shares not listed and traded in the stock exchange
(9) Sale of principal residence
(vi) Passive investment income
(a) Interest income
(b) Dividend income
(1) Cash dividend
(2) Stock dividend
(3) Property dividend
(4) Liquidating dividend
(c) Royalty income
(d) Rental income
(1) Lease of personal property
(2) Lease of real property
(3) Tax treatment of
(a) Leasehold improvements by lessee
(b) VAT added to rental/paid by the lessee
(c) Advance rental/long term lease
(vii) Annuities, proceeds from life insurance or other types of insurance
(viii) Prizes and awards
(ix) Pensions, retirement benefit, or separation pay
(x) Income from any source whatever
(a) Forgiveness of indebtedness
(b) Recovery of accounts previously written off
(c) Receipt of tax refunds or credit
(d) Income from any source whatever
(e) Source rules in determining income from within and without
(1) Interests
(2) Dividends
(3) Services
(4) Rentals
(5) Royalties
(6) Sale of real property
(7) Sale of personal property
(8) Shares of stock of domestic corporation
(f) Situs of income taxation (see page 2 under inherent limitations,
territorial)
Page 9 of 29
(g) Exclusions from gross income
(1) Rationale for the exclusions
(2) Taxpayers who may avail of the exclusions
(3) Exclusions distinguished from deductions and tax credit
(4) Under the constitution
(a) Income derived by the government or its political
subdivisions from the exercise of any essential governmental
function
(5) Under the tax code
(a) Proceeds of life insurance policies
(b) Return of premium paid
(c) Amounts received under life insurance, endowment or
annuity contracts
(d) Value of property acquired by gift, bequest, devise or
descent
(e) Amount received through accident or health insurance
(f) Income exempt under tax treaty
(g) Retirement benefits, pensions, gratuities, etc.
(h) Winnings, prizes, and awards, including those in sports
competition
(6) Under a tax treaty
(7) Under special laws
(h) Deductions from gross income
(1) General rules
(a) Deductions must be paid or incurred in connection with
the taxpayer’s trade, business or profession
(b) Deductions must be supported by adequate receipts or
invoices (except standard deduction)
(2) Return of capital (cost of sales or services)
(a) Sale of inventory of goods by manufacturers and
dealers of properties
(b) Sale of stock in trade by a real estate dealer and dealer
in securities
(c) Sale of services
(3) Itemized deductions
(a) Expenses
(1) Requisites for deductibility
(a) Nature: ordinary and necessary
(b) Paid and incurred during taxable year
Page 10 of 29
(2) Salaries, wages and other forms of compensation for
personal services actually rendered, including the grossedup
monetary value of the fringe benefit subjected to fringe
benefit tax which tax should have been paid
(3) Traveling/transportation expenses
(4) Cost of materials
(5) Rentals and/or other payments for use or possession of
property
(6) Repairs and maintenance
(7) Expenses under lease agreements
(8) Expenses for professionals
(9) Entertainment expenses
(10) Political campaign expenses
(11) Training expenses
(b) Interest
(1) Requisites for deductibility
(2) Non-deductible interest expense
(3) Interest subject to special rules
(a) Interest paid in advance
(b) Interest periodically amortized
(c) Interest expense incurred to acquire property for
use in trade/business/profession
(c) Taxes
(1) Requisites for deductibility
(2) Non-deductible taxes
(3) Treatments of surcharges/interests/fines for delinquency
(4) Treatment of special assessment
(5) Tax credit vis-à-vis deduction
(d) Losses
(1) Requisites for deductibility
(2) Other types of losses
(a) Capital losses
(b) Securities becoming worthless
(c) Losses on wash sales of stocks or securities
(d) Wagering losses
(e) NOLCO
(e) Bad debts
(1) Requisites for deductibility
(f) Depreciation
(1) Requisites for deductibility
Page 11 of 29
(2) Methods of computing depreciation allowance
(a) Straight-line method
(b) Declining-balance method
(c) Sum-of-the-years-digit method
(g) Charitable and other contributions
(1) Requisites for deductibility
(2) Amount that may be deducted
(h) Contributions to pension trusts
(1) Requisites for deductibility
(4) Optional standard deduction
(a) Individuals, except non-resident aliens
(b) Corporations, except non-resident foreign corporations
(5) Personal and additional exemption (R.A. 9504, Minimum Wage
Earner Law)
(a) Basic personal exemptions
(b) Additional exemptions for taxpayer with dependents
(c) Status-at-the-end-of-the-year rule
(6) Items not deductible
(a) General rules
(b) Personal, living or family expenses
(c) Amount paid for new buildings or for permanent
improvements (capital expenditures)
(d) Amount expended in restoring property (major repairs)
(e) Premiums paid on life insurance policy covering life or any
other officer or employee financially interested
(f) Interest expense, bad debts, and losses from sales of
property between related parties
(g) Losses from sales or exchange or property
(h) Non-deductible interest
(i) Non –deductible taxes
(j) Non-deductible losses
(k) Losses from wash sales of stock or securities
(i) Exempt corporations
10. Taxation of resident citizens, non-resident citizens, and resident aliens
a) General rule that resident citizens are taxable on income from all sources within
and without the Philippines
b) Taxation on compensation income
(i) Inclusions
(a) Monetary compensation
Page 12 of 29
(1) Regular salary/wage
(2) Separation pay/retirement benefit not otherwise exempt
(3)Bonuses, 13th month pay, and other benefits not exempt
(4) Director’s fees
(b) Non-monetary compensation
(1) Fringe benefit not subject tax
(ii) Exclusions
(a) Fringe benefit subject to tax
(b) De minimis benefits
(c) 13th month pay and other benefits and payments specifically excluded
from taxable compensation income
(iii) Deductions
(a) Personal exemptions and additional exemptions
(b) Health and hospitalization insurance
(c) Taxation of compensation income of a minimum wage earner
(1) Definition of statutory minimum wage
(2) Definition of minimum wage earner
(3) Income also subject to tax exemption: holiday pay, overtime pay,
night shift differential, and hazard pay
c) Taxation of business income/income from practice of profession
d) Taxation of passive income
(i) Passive income subject to final tax
(a) Interest income
(b) Royalties
(c) Dividends from domestic corporation
(d) Prizes and other winnings
(ii) Passive income not subject to final tax
e) Taxation of capital gains
(i) Income from sale of shares of stock of a Philippine corporation
(a) Shares traded and listed in the stock exchange
(b) Shares not listed and traded in the stock exchange
(ii) Income from the sale of real property situated in the Philippines
(iii) Income from the sale, exchange, or other disposition of other capital
assets
11. Taxation of non-resident aliens engaged in trade or business
a) General rules
b) Cash and/or property dividends
c) Capital gains
Page 13 of 29
Exclude non-resident aliens not engaged in trade or business
12. Individual taxpayers exempt from income tax
a) Senior citizens
b) Exemptions granted under international agreements
13. Taxation of domestic corporations
a) Tax payable
(i) Regular tax
(ii) Minimum corporate income tax (MCIT)
(a) Imposition of MCIT
(b) Carry forward of excess minimum tax
(c) Relief from the MCIT under certain conditions
(d) Corporations exempt from the MCIT
(e) Applicability of the MCIT where a corporation is governed both under
the regular tax system and a special income tax system
b) Allowable deductions
(i) Itemized deductions
(ii) Optional standard deduction
c) Taxation of passive income
(i) Passive income subject to tax
(a) Interest from deposits and yield or any other monetary benefit from
deposit substitutes and from trust funds and similar arrangements and
royalties
(b) Capital gains from the sale of shares of stock not traded in the stock
exchange
(c) Income derived under the expanded foreign currency deposit system
(d) Intercorporate dividends
(e) Capital gains realized from the sale, exchange, or disposition of lands
and/or buildings
(ii) Passive income not subject to tax
d) Taxation of capital gains
(i) Income from sale of shares of stock
(ii) Income from the sale of real property situated in the Philippine
(iii) Income from the sale, exchange, or other disposition of other capital
assets
e) Tax on proprietary educational institutions and hospitals
f) Tax on government-owned or controlled corporations, agencies or
instrumentalities
Page 14 of 29
14. Taxation of resident foreign corporations
a) General rule
b) With respect to their income from sources within the Philippines
c) Minimum corporate income tax
d) Tax on certain income
(i) Interest from deposits and yield or any other monetary benefit from
deposit substitutes, trust funds and similar arrangements and royalties
(ii) Income derived under the expanded foreign currency deposit system
(iii) Capital gain from sale of shares of stock not traded in the stock exchange
(iv) Intercorporate dividends
Exclude:
(i) International carrier
(ii)Offshore banking units
(iii)Branch profits remittances
(iv) Regional or area headquarters and regional operating headquarters of
multinational companies
15. Taxation of non-resident foreign corporations
a) General rule
b) Tax on certain income
(i) Interest on foreign loans
(ii) Intercorporate dividends
(iii) Capital gains from sale of shares of stock not traded in the stock
exchange
Exclude:
(i) Non-resident cinematographic film owner, lessor or distributor
(ii) Non-resident owner or lessor of vessels chartered by Philippine nationals
(iii) Non-resident owner or lessor of aircraft machineries and other equipment
16. Improperly accumulated earnings of corporations
17. Exemption from tax on corporations
18. Taxation of partnerships
19. Taxation of general professional partnerships
20. Taxation on estates and trusts
a) Application
b) Exception
Page 15 of 29
c) Determination of tax
(i) Consolidation of income of two or more trusts
(ii) Taxable income
(iii) Revocable trusts
(iv) Income for benefit of grantor
(v) Meaning of “in the discretion of the grantor”
21. Withholding tax
a) Concept
b) Kinds
(i) Withholding of final tax on certain incomes
(ii) Withholding of creditable tax at source
c) Withholding on wages
(i) Requirement for withholding
(ii) Tax paid by recipient
(iii) Refunds or credits
(iv) Year-end adjustment
(v) Liability for tax
d) Withholding of VAT
e) Filing of return and payment of taxes withheld
(i) Return and payment in case of government employees
(ii) Statements and returns
f) Final withholding tax at source
g) Creditable withholding tax
(i) Expanded withholding tax
(ii) Withholding tax on compensation
h) Fringe benefit tax
B. Estate tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Time and transfer of properties
6. Classification of decedent
7. Gross estate vis-à-vis net estate
8. Determination of gross estate and net estate
9. Composition of gross estate
10. Items to be included in gross estate
11. Deductions from estate
Page 16 of 29
12. Exclusions from estate
13. Tax credit for estate taxes paid in a foreign country
14. Exemption of certain acquisitions and transmissions
15. Filing of notice of death
16. Estate tax return
C. Donor’s tax
1. Basic principles
2. Definition
3. Nature
4. Purpose or object
5. Requisites of valid donation
6. Transfers which may be constituted as donation
a) Sale/exchange/transfer of property for insufficient consideration
b) Condonation/remission of debt
7. Transfer for less than adequate and full consideration
8. Classification of donor
9. Determination of gross gift
10.Composition of gross gift
11.Valuation of gifts made in property
12.Tax credit for donor’s taxes paid in a foreign country
13. Exemptions of gifts from donor’s tax
14. Person liable
15. Tax basis
D. Value-Added Tax (VAT)
1. Concept
2. Characteristics
3. Impact of tax
4. Incidence of tax
5. Tax credit method
6. Destination principle
7. Persons liable
8. VAT on sale of goods or properties
a) Requisites of taxability of sale of goods or properties
9. Zero-rated sales of goods or properties, and effectively zero-rated sales of goods or
properties
10. Transactions deemed sale
a) Transfer, use or consumption not in the course of business of goods/properties
originally intended for sale or use in the course of business
Page 17 of 29
b) Distribution or transfer to shareholders, investors or creditors
c) Consignment of goods if actual sale not made within 60 days from date of
consignment
d) Retirement from or cessation of business with respect to inventories on hand
11. Change or cessation of status as VAT-registered person
a) Subject to VAT
(i) Change of business activity from VAT taxable status to VAT-exempt status
(ii) Approval of request for cancellation of a registration due to reversion to
exempt status
(iii) Approval of request for cancellation of registration due to desire to revert
to exempt status after lapse of 3 consecutive years
b) Not subject to VAT
(i) Change of control of a corporation
(ii) Change in the trade or corporate name
(iii) Merger or consolidation of corporations
12. VAT on importation of goods
a) Transfer of goods by tax exempt persons
13. VAT on sale of service and use or lease of properties
a) Requisites for taxability
14. Zero-rated sale of services
15. VAT exempt transactions
a) VAT exempt transactions, in general
b) Exempt transaction, enumerated
16. Input tax and output tax, defined
17. Sources of input tax
a) Purchase or importation of goods
b) Purchase of real properties for which a VAT has actually been paid
c) Purchase of services in which VAT has actually been paid
d) Transactions deemed sale
e) Transitional input tax
f) Presumptive input tax
g) Transitional input tax credits allowed under the transitory and other
provisions of the regulations
18. Persons who can avail of input tax credit
19. Determination of output/input tax; VAT payable; excess input tax credits
a) Determination of output tax
b) Determination of input tax creditable
c) Allocation of input tax on mixed transactions
d) Determination of the output tax and VAT payable and computation of VAT
payable or excess tax credits
Page 18 of 29
20. Substantiation of input tax credits
21. Refund or tax credit of excess input tax
a) Who may claim for refund/apply for issuance of tax credit certificate
b) Period to file claim/apply for issuance of tax credit certificate
c) Manner of giving refund
d) Destination principle or cross-border doctrine
22. Invoicing requirements
a) Invoicing requirements in general
b) Invoicing and recording deemed sale transactions
c) Consequences of issuing erroneous VAT invoice or VAT official receipt
23. Filing of return and payment
24. Withholding of final VAT on sales to government
E. Compliance requirements (internal revenue taxes)
1. Administrative requirements
a) Registration requirements
(i) Annual registration fee
(ii) Registration of each type of internal revenue tax
(iii) Transfer of registration
(iv) Other updates
(v) Cancellation of registration
(vi) Power of the commissioner to suspend the business operations of any
person who fails to register
b) Persons required to register for VAT
(i) Optional registration for VAT of exempt person
(ii) Cancellation of VAT registration
(iii) Changes in or cessation of status of a VAT-registered person
c) Supplying taxpayer identification number (TIN)
d) Issuance of receipts or sales or commercial invoices
(i) Printing of receipts or sales or commercial invoices
(ii) Invoicing requirements for VAT
(a) Information contained in the VAT invoice or VAT official receipt
(b) Consequences of issuing erroneous VAT invoice or official receipts
e) Exhibition of certificate of payment at place of business
f) Continuation of business of deceased person
g) Removal of business to other location
2. Tax returns
a) Income tax returns
(i) Individual tax returns
(a) Filing of individual tax returns
Page 19 of 29
(1) Who are required to file
(a) Return of husband and wife
(b) Return of parent to include income of children
(c) Return of persons under disability
(2) Who are not required to file
(b) Where to file
(c) When to file
(ii) Corporate returns
(a) Requirement for filing returns
(1) Declaration of quarterly corporate income tax
(a) Place of filing
(b)Time of fling
(2) Final adjustment return
(a)Place of filing
(b)Time of filing
(3) Taxable year of corporations
(4) Extension of time to file return
(b) Return of corporation contemplating dissolution or reorganization
(c) Return on capital gains realized from sale of shares of stock not
traded in the local stock exchange
(iii) Returns of receivers, trustees in bankruptcy or assignees
(iv) Returns of general partnerships
(v) Fiduciary returns
b) Estate tax returns
(i) Notice of death to be filed
(ii) Estate tax returns
(a) Requirements
(b) Time of filing and extension of time
(c) Place of filing
(iii) Discharge of executor or administrator from personal liability
(a) Definition of deficiency
c) Donor’s tax returns
(i) Requirements
(ii) Time and place of filing
d) VAT returns
(i) In general
(ii) Where to file the return
e) Withholding tax returns
(i) Quarterly returns and payments of taxes withheld
(ii) Annual information return
Page 20 of 29
3. Tax payments
a) Income taxes
(i) Payment, in general; time of payment
(ii) Installment payment
(iii) Payment of capital gains tax
b) Estate taxes
(i) Time of payment
(a) Extension of time
(ii) Liability for payment
(a) Discharge of executor or administrator from personal liability
(b) Definition of deficiency
(iii) Payment before delivery by executor or administrator
(a) Payment of tax antecedent to the transfer of shares, bonds or rights
(iv) Duties of certain officers and debtors
(v) Restitution of tax upon satisfaction of outstanding obligations
c) Donor’s taxes
(i) Time and place of payment
d) VAT
(i) Payment of VAT
(ii) Where to pay the VAT
F. Tax remedies under the NIRC
1. Taxpayer’s remedies
a) Assessment
(i) Concept of assessment
(a) Requisites for valid assessment
(b) Constructive methods of income determination
(c) Inventory method for income determination
(d) Jeopardy assessment
(e) Tax delinquency and tax deficiency
(ii) Power of the commissioner to make assessments and prescribe additional
requirements for tax administration and enforcement
(a) Power of the commissioner to obtain information, and to
summon/examine, and take testimony of persons
(iii) When assessment is made
(a) Prescriptive period for assessment
(1) False, fraudulent, and non-filing of returns
(b) Suspension of running of statute of limitations
(iv) General provisions on additions to the tax
(a) Civil penalties
Page 21 of 29
(b) Interest
(v) Assessment process
(a) Tax audit
(b) Notice of informal conference
(c) Issuance of preliminary assessment notice
(d) Notice of informal conference
(e) Issuance of preliminary assessment notice
(f) Exceptions to issuance of preliminary assessment notice
(g) Reply to preliminary assessment notice
(h) Issuance of formal letter of demand and assessment notice/final
assessment notice
(i) Disputed assessment
(j) Administrative decision on a disputed assessment
vi) Protesting assessment
(a) Protest of assessment by taxpayer
(1)Protested assessment
(2)When to file a protest
(3) Forms of protest
(b) Submission of documents within 60 days from filing of protest
(c) Effect of failure to protest
(vii) Rendition of decision by commissioner
(a) Denial of protest
(1) Commissioner’s actions equivalent to denial of protest
(a) Filing of criminal action against taxpayer
(b) Issuing a warrant of distraint and levy
(2) Inaction by commissioner
(viii) Remedies of taxpayer to action by commissioner
(a) In case of denial of protest
(b) In case of inaction by commissioner within 180 days from submission
of documents
(c) Effect of failure to appeal
b) Collection
(i) Requisites
(ii) Prescriptive periods
(iii) Distraint of personal property including garnishment
(a) Summary remedy of distraint of personal property
(1) Procedure for distraint and garnishment
(2) Sale of property distrained and disposition of proceeds
(a) Release of distrained property upon payment prior to sale
Page 22 of 29
(3) Purchase by the government at sale upon distraint
(4) Report of sale to the BIR
(5) Constructive distraint to protect the interest of the government
(iv) Summary remedy of levy on real property
(a) Advertisement and sale
(b) Redemption of property sold
(c) Final deed of purchaser
(v) Forfeiture to government for want of bidder
(a) Remedy of enforcement of forfeitures
(1) action to contest forfeiture of chattel
(b) Resale of real estate taken for taxes
(c) When property to be sold or destroyed
(d) Disposition of funds recovered in legal proceedings or obtained from
forfeiture
(vi) Further distraint or levy
(vii) Tax lien
(viii) Compromise
(a) Authority of the commissioner to compromise and abate taxes
(ix) Civil and criminal actions
(a) Suit to recover tax based on false or fraudulent returns
c) Refund
(i) Grounds and requisites for refund
(ii) Requirements for refund as laid down by cases
(a) Necessity of written claim for refund
(b) Claim containing a categorical demand for reimbursement
(c) Filing of administrative claim for refund and the suit/proceeding
before the CTA within 2 years from date of payment regardless of any
supervening cause
(iii) Legal basis of tax refunds
(iv) Statutory basis for tax refund under the tax code
(a) Scope of claims for refund
(b) Necessity of proof for claim or refund
(c) Burden of proof for claim of refund
(d) Nature of erroneously paid tax/illegally assessed collected
(e) Tax refund vis-à-vis tax credit
(f) Essential requisites for claim of refund
(v) Who may claim/apply for tax refund/tax credit
(a) Taxpayer/withholding agents of non-resident foreign corporation
(vi) Prescriptive period for recovery of tax erroneously or illegally collected
Page 23 of 29
(vii) Other consideration affecting tax refunds
2. Government remedies
a) Administrative remedies
(i) Tax lien
(ii) Levy and sale of real property
(iii) Forfeiture of real property to the government for want of bidder
(iv) Further distraint and levy
(v) Suspension of business operation
(vi) Non-availability of injunction to restrain collection of tax
b) Judicial remedies
3. Statutory offenses and penalties
a) Civil penalties
(i) Surcharge
(ii) Interest
(a) In general
(b) Deficiency interest
(c) Delinquency interest
(d) Interest on extended payment
4. Compromise and abatement of taxes
a) Compromise
b) Abatement
G. Organization and Function of the Bureau of Internal Revenue
1. Rule-making authority of the secretary of finance
a) Authority of secretary of finance to promulgate rules and regulations
b) Specific provisions to be contained in rules and regulations
c) Non-retroactivity of rulings
2. Power of the commissioner to suspend the business operation of a taxpayer
III. Local Government Code of 1991, as amended
A. Local government taxation
1. Fundamental principles
2. Nature and source of taxing power
a) Grant of local taxing power under the local government code
b) Authority to prescribe penalties for tax violations
Page 24 of 29
c) Authority to grant local tax exemptions
d) Withdrawal of exemptions
e) Authority to adjust local tax rates
f) Residual taxing power of local governments
g) Authority to issue local tax ordinances
3. Local taxing authority
a) Power to create revenues exercised through Local Government Units
b) Procedure for approval and effectivity of tax ordinances
4. Scope of taxing power
5. Specific taxing power of Local Government Units (LGUs)
a) Taxing powers of provinces
(i) Tax on transfer of real property ownership
(ii) Tax on business of printing and publication
(iii) Franchise tax
(iv) Tax on sand, gravel and other quarry services
(v) Professional tax
(vi) Amusement tax
(vii) Tax on delivery truck/van
b) Taxing powers of cities
c) Taxing powers of municipalities
(i) Tax on various types of businesses
(ii) Ceiling on business tax impossible on municipalities within Metro Manila
(iii) Tax on retirement on business
(iv) Rules on payment of business tax
(v) Fees and charges for regulation & licensing
(vi) Situs of tax collected
d) Taxing powers of barangays
e) Common revenue raising powers
(i) Service fees and charges
(ii) Public utility charges
(iii) Toll fess or charges
f) Community tax
6. Common limitations on the taxing powers of LGUs
7. Collection of business tax
a) Tax period and manner of payment
b) Accrual of tax
c) Time of payment
d) Penalties on unpaid taxes, fees or charges
e) Authority of treasurer in collection and inspection of books
8. Taxpayer’s remedies
Page 25 of 29
a) Periods of assessment and collection of local taxes, fees or charges
b) Protest of assessment
c) Claim for refund of tax credit for erroneously or illegally collected tax, fee or
charge
9. Civil remedies by the LGU for collection of revenues
a) Local government’s lien for delinquent taxes, fees or charges
b) Civil remedies, in general
(i) Administrative action
(ii) Judicial action
c) Procedure for administrative action
(i) Distraint of personal property
(ii) Levy of real property, procedure
(iii) Further distraint or levy
(iv) Exemption of personal property from distraint or levy
(v) Penalty on local treasurer for failure to issue and execute warrant of
distraint or levy
d) Procedure for judicial action
B. Real property taxation
1. Fundamental principles
2. Nature of real property tax
3. Imposition of real property tax
a) Power to levy real property tax
b) Exemption from real property tax
4. Appraisal and assessment of real property tax
a) Rule on appraisal of real property at fair market value
b) Declaration of real property
c) Listing of real property in assessment rolls
d) Preparation of schedules of fair market value
(i) Authority of assessor to take evidence
(ii) Amendment of schedule of fair market value
e) Classes of real property
f) Actual use of property as basis of assessment
g) Assessment of real property
(i) Assessment levels
(ii) General revisions of assessments and property classification
(iii) Date of effectivity of assessment or reassessment
(iv) Assessment of property subject to back taxes
(v) Notification of new or revised assessment
h) Appraisal and assessment of machinery
Page 26 of 29
5. Collection of real property tax
a) Date of accrual of real property tax
b) Collection of tax
(i) Collecting authority
(ii) Duty of assessor to furnish local treasurer with assessment rolls
(iii) Notice of time for collection of tax
c) Periods within which to collect real property tax
d) Special rules on payment
(i) Payment of real property tax in installments
(ii) Interests on unpaid real property tax
(iii) Condonation of real property tax
e) Remedies of LGUs for collection of real property tax
(i) Issuance of notice of delinquency for real property tax payment
(ii) Local government’s lien
(iii) Remedies in general
(iv) Resale of real estate taken for taxes, fees or charges
(v) Further levy until full payment of amount due
6. Refund or credit of real property tax
a) Payment under protest
b) Repayment of excessive collections
7. Taxpayer’s remedies
a) Contesting an assessment of value of real property
(i) Appeal to the Local Board of Assessment Appeals
(ii) Appeal to the Central Board of Assessment Appeals
(iii) Effect of payment of tax
b. Payment of real property under protest
(i) File protest with local treasurer
(ii) Appeal to the Local Board of Assessment Appeals
(iii) Appeal to the Central Board of Assessment Appeals
(iv) Appeal to the CTA
(v) Appeal to the Supreme Court
IV. Tariff and Customs Code of 1978, as amended
A. Tariff and duties, defined
B. General rule: all imported articles are subject to duty.
1. Importation by the government taxable
C. Purpose for imposition
Page 27 of 29
D. Flexible tariff clause
E. Requirements of importation
1. Beginning and ending of importation
2. Obligations of importer
a) Cargo manifest
b) Import entry
c) Declaration of correct weight or value
d) Liability for payment of duties
e) Liquidation of duties
f) Keeping of records
F. Importation in violation of tax credit certificate
1. Smuggling
2. Other fraudulent practices
G. Classification of goods
1. Taxable importation
2. Prohibited importation
3. Conditionally-free importation
H. Classification of duties
1. Ordinary/regular duties
a) Ad valorem; methods of valuation
(i) Transaction value
(ii) Transaction value of identical goods
(iii) Transaction value of similar goods
(iv) Deductive value
(v) Computed value
(vi) Fallback value
b) Specific
2. Special duties
a) Dumping duties
b) Countervailing duties
c) Marking duties
d) Retaliatory/discriminatory duties
e) Safeguard
I. Drawbacks
Page 28 of 29
J. Remedies
1. Government
a) Administrative/extrajudicial
(i) Search, seizure, forfeiture, arrest
b) Judicial
(i) Rules on appeal including jurisdiction
2. Taxpayer
a) Protest
b) Abandonment
c) Abatement and refund
V. Judicial Remedies (R.A. 1125, as amended, and the Revised Rules of the Court of
Tax Appeals)
A. Jurisdiction of the Court of Tax Appeals
1. Exclusive appellate jurisdiction over civil tax cases
a) Cases within the jurisdiction of the court en banc
b) Cases within the jurisdiction of the court in divisions
2. Criminal cases
a) Exclusive original jurisdiction
b) Exclusive appellate jurisdiction in criminal cases
B. Judicial procedures
1. Judicial action for collection of taxes
a) Internal revenue taxes
b) Local taxes
(i) Prescriptive period
2. Civil cases
a) Who may appeal, mode of appeal, effect of appeal
(i) Suspension of collection of tax
a) Injunction not available to restrain collection
(ii) Taking of evidence
(iii) Motion for reconsideration or new trial
b) Appeal to the CTA, en banc
c) Petition for review on certiorari to the Supreme Court
3. Criminal cases
a) Institution and prosecution of criminal actions
(i) Institution on civil action in criminal action
b) Appeal and period to appeal
Page 29 of 29
(i) Solicitor General as counsel for the people and government officials sued in
their official capacity
c) Petition for review on certiorari to the Supreme Court
C. Taxpayer’s suit impugning the validity of tax measures or acts of taxing authorities
1. Taxpayer’s suit, defined
2. Distinguished from citizen’s suit
3. Requisites for challenging the constitutionality of a tax measure or act of taxing
authority
a) Concept of locus standi as applied in taxation
b) Doctrine of transcendental importance
c) Ripeness for judicial determination
INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects. It has been drawn up for
the limited purpose of ensuring that candidates reviewing for the bar examinations are guided
on what basic and minimum amounts of laws, doctrines, and principles they need to know and
be able to use correctly before they can be licensed to practice law. More is required for
excellent and distinguished work as members of the Bar.

Page 1 of 4
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
LEGAL AND JUDICIAL ETHICS
I. LEGAL ETHICS
A. Practice of law
1. Concept
a) Privilege
b) Profession, not business
2. Qualifications
3. Appearance of non-lawyers
a) Law student practice
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing
4. Sanctions for practice or appearance without authority
a) Lawyers without authority
b) Persons not lawyers
5. Public officials and practice of law
a) Prohibition or disqualification of former government attorneys
b) Public Officials who cannot practice law or with restrictions
6. Lawyers authorized to represent the government
7. Lawyer’s oath
B. Duties and responsibilities of a lawyer
1. To society
a) Respect for law and legal processes
b) Efficient and convenient legal services
c) True, honest fair, dignified and objective information on legal services
d) Participation in the improvement and reforms in legal system
e) Participation in legal education program
2. To the legal profession
a) Integrated Bar of the Philippines
(i) Membership and dues
b) Upholding the dignity and integrity of the profession
c) Courtesy, fairness and candor towards professional colleagues
d) No assistance in unauthorized practice of law
3. To the courts
a) Candor, fairness and good faith towards the courts
b) Respect for courts and judicial officers
c) Assistance in the speedy and efficient administration of justice
d) Reliance on merits of his cause and avoidance of any impropriety which tends
to influence or gives the appearance of influence upon the courts
4. To the clients
Page 2 of 4
a) Availability of service without discrimination
(i) Services regardless of person’s status
(ii) Services as counsel de officio
(iii) Valid grounds for refusal
b) Candor, fairness and loyalty to clients
(i) Confidentiality rule
(ii) Privileged communications
(iii) Conflict of interest
(iv) Candid and honest advice to clients
(v) Compliance with laws
(vi) Concurrent practice of another profession
c) Client’s moneys and properties
(i) Fiduciary relationship
(ii) Co-mingling of funds
(iii) Delivery of funds
(iv) Borrowing or lending
d) Fidelity to client’s cause
e) Competence and diligence
(i) Adequate protection
(ii) Negligence
(ii) Collaborating counsel
(iii) Duty to apprise client
f) Representation with zeal within legal bounds
(i) Use of fair and honest means
(ii) Client’s fraud
(iii) Procedure in handling the case
g) Attorney’s fees
(i) Acceptance fees
(ii) Contingency fee arrangements
(iii) Attorney’s liens
(iv) Fees and controversies with clients
(v) Concepts of attorney’s fees
(a) Ordinary concept
(b) Extraordinary concept
h) Preservation of client’s confidences
(i) Prohibited disclosures and use
(ii) Disclosure, when allowed
i) Withdrawal of services
C. Suspension, disbarment and discipline of lawyers
1. Nature and characteristics of disciplinary actions against lawyers
a) Sui generis
b) Prescription
2. Grounds
3. Proceedings
4. Discipline of Filipino lawyers practicing abroad
Page 3 of 4
D. Readmission to the Bar
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated
E. Mandatory Continuing Legal Education
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
F. Notarial Practice
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions
II. JUDICIAL ETHICS
A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial Conduct
B. Qualities
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence
C. Discipline of members of the Judiciary
1. Members of the Supreme Court
a) Impeachment
2. Lower court judges and justices
3. Grounds
4. Impeachment
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary
Page 4 of 4
INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2012.
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects. It has been drawn up for
the limited purpose of ensuring that candidates reviewing for the bar examinations are guided
on what basic and minimum amounts of laws, doctrines, and principles they need to know and
be able to use correctly before they can be licensed to practice law. More is required for
excellent and distinguished work as members of the Bar.

Page 1 of 22
SYLLABUS FOR THE 2012 BAR EXAMINATIONS
REMEDIAL LAW
I. General Principles
A. Concept of remedial law
B. Substantive law as distinguished from remedial law
C. Rule-making power of the Supreme Court
1. Limitations on the rule-making power of the Supreme Court
2. Power of the Supreme Court to amend and suspend procedural rules
D. Nature of Philippine courts
1. Meaning of a court
2. Court as distinguished from a judge
3. Classification of Philippine courts
4. Courts of original and appellate jurisdiction
5. Courts of general and special jurisdiction
6. Constitutional and statutory courts
7. Courts of law and equity
8. Principle of judicial hierarchy
9. Doctrine of non-interference or doctrine of judicial stability
II. Jurisdiction
A. Jurisdiction over the parties
1. How jurisdiction over the plaintiff is acquired
2. How jurisdiction over the defendant is acquired
B. Jurisdiction over the subject matter
1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction
3. Error of jurisdiction as distinguished from error of judgment
4. How jurisdiction is conferred and determined
5. Doctrine of primary jurisdiction
6. Doctrine of adherence of jurisdiction
7. Objections to jurisdiction over the subject matter
8. Effect of estoppel on objections to jurisdiction
C. Jurisdiction over the issues
Page 2 of 22
D. Jurisdiction over the res or property in litigation
E. Jurisdiction of courts
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Courts
6. Family Courts
7. Metropolitan Trial Courts/Municipal Trial Courts
8. Shariah Courts
F. Jurisdiction over small claims, cases covered by the Rules on Summary Procedure and
barangay conciliation
G. Totality rule
III. Civil Procedure
A. Actions
1. Meaning of ordinary civil actions
2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil actions versus special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem
B. Cause of action
1. Meaning of cause of action
2. Right of action versus cause of action
3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action
5. Splitting a single cause of action and its effects
6. Joinder and misjoinder of causes of action
C. Parties to civil actions
1. Real parties in interest; indispensable parties;
Representatives as parties; necessary parties; indigent parties; alternative
Defendants
2. Compulsory and permissive joinder of parties
3. Misjoinder and non-joinder of parties
4. Class suit
5. Suits against entities without juridical personality
6. Effect of death of party litigant
Page 3 of 22
D. Venue
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
6. Effects of stipulations on venue
E. Pleadings
1. Kinds of pleadings
a) Complaint
b) Answer
(i) Negative defenses
(ii) Negative pregnant
(iii) Affirmative defenses
c) Counterclaims
(i) Compulsory counterclaim
(ii) Permissive counterclaim
(iii) Effect on the counterclaim when the complaint is dismissed
d) Cross-claims
e) Third (fourth, etc.) party complaints
f) Complaint-in-intervention
g) Reply
2. Pleadings allowed in small claim cases and cases covered by the Rules on
Summary Procedure
3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum shopping
(i) Requirements of a corporation executing the
verification/certification of non-forum shopping
d) Effect of the signature of counsel in a pleading
4. Allegations in a pleading
a) Manner of making allegations
(i) Condition precedent
(ii) Fraud, mistake, malice, intent, knowledge and other condition
of the mind, judgments, official documents or acts
b) Pleading an actionable document
c) Specific denials
(i) Effect of failure to make specific denials
(ii) When a specific denial requires an oath
5. Effect of failure to plead
a) Failure to plead defenses and objections
b) Failure to plead a compulsory counterclaim and cross-claim
6. Default
a) When a declaration of default is proper
b) Effect of an order of default
Page 4 of 22
c) Relief from an order of default
d) Effect of a partial default
e) Extent of relief
f) Actions where default are not allowed
7. Filing and service of pleadings
a) Payment of docket fees
b) Filing versus service of pleadings
c) Periods of filing of pleadings
d) Manner of filing
e) 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 service
8. Amendment
a) Amendment as a matter of right
b) Amendments by leave of court
c) Formal amendment
d) Amendments to conform to or authorize presentation of evidence
e) Different from supplemental pleadings
f) Effect of amended pleading
F. Summons
1. Nature and purpose of summons in relation to actions in personam, in rem
and quasi in rem
2. Voluntary appearance
3. Personal service
4. Substituted service
5. Constructive service (by publication)
a) Service upon a defendant where his identity is unknown or where his
whereabouts are unknown
b) Service upon residents temporarily outside the
Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service
G. Motions
1. Motions in general
a) Definition of a motion
b) Motions versus pleadings
c) Contents and form of motions
d) Notice of hearing and hearing of motions
e) Omnibus motion rule
Page 5 of 22
f) Litigated and ex parte motions
g) Pro-forma motions
2. Motions for bill of particulars
a) Purpose and when applied for
b) Actions of the court
c) Compliance with the order and effect of noncompliance
d) Effect on the period to file a responsive pleading
3. Motion to dismiss
a) Grounds
b) Resolution of motion
c) Remedies of plaintiff when the complaint is dismissed
d) Remedies of the defendant when the motion is denied
e) Effect of dismissal of complaint on certain grounds
f) When grounds pleaded as affirmative defenses
g) Bar by dismissal
h) Distinguished from demurrer to evidence under Rule 33
H. Dismissal of actions
1. Dismissal upon notice by plaintiff; two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party complaint
I. Pre-trial
1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial in criminal case
7. Alternative Dispute Resolution (ADR)
J. Intervention
1. Requisites for intervention
2. Time to intervene
3. Remedy for the denial of motion to intervene
K. Subpoena
1. Subpoena duces tecum
2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; contempt
5. Quashing of subpoena
L. Modes of discovery
1. Depositions pending action; depositions before action or pending appeal
a) Meaning of deposition
Page 6 of 22
b) Uses; scope of examination
c) When may objections to admissibility be made
d) When may taking of deposition be terminated or its scope limited
2. Written interrogatories to adverse parties
a) Consequences of refusal to answer
b) Effect of failure to serve written interrogatories
3. Request for admission
a) Implied admission by adverse party
b) Consequences of failure to answer request for admission
c) Effect of admission
d) Effect of failure to file and serve request for admission
4. Production or inspection of documents or things
5. Physical and mental examination of persons
6. Consequences of refusal to comply with modes of discovery
M. Trial
1. Adjournments and postponements
2. Requisites of motion to postpone trial
a) For absence of evidence
b) For illness of party or counsel
3. Agreed statement of facts
4. Order of trial; reversal of order
5. Consolidation or severance of hearing or trial
6. Delegation of reception of evidence
7. Trial by commissioners
a) Reference by consent or ordered on motion
b) Powers of the commissioner
c) Commissioner’s report; notice to parties and hearing on the report
N. Demurrer to evidence
1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal
case
O. Judgments and final orders
1. Judgment without trial
2. Contents of a judgment
3. Judgment on the pleadings
4. Summary judgments
a) For the claimant
b) For the defendant
c) When the case not fully adjudicated
d) Affidavits and attachments
5. Judgment on the pleadings versus summary judgments
Page 7 of 22
6. Rendition of judgments and final orders
7. Entry of judgment and final order
P. Post-judgment remedies
1. Motion for new trial or reconsideration
a) Grounds
b) When to file
c) Denial of the motion; effect
d) Grant of the motion; effect
e) Remedy when motion is denied, fresh 15-day period rule
2. Appeals in general
a) Judgments and final orders subject to appeal
b) Matters not appealable
c) Remedy against judgments and orders which are not appealable
d) Modes of appeal
(i) Ordinary appeal
(ii) Petition for review
(iii) Petition for review on certiorari
e) Issues to be raised on appeal
f) Period of appeal
g) Perfection of appeal
h) Appeal from judgments or final orders of the MTC
i) Appeal from judgments or final orders of the RTC
j) Appeal from judgments or final orders of the CA
k) Appeal from judgments or final orders of the CTA
l). Review of final judgments or final orders of the COA
m) Review of final judgments or final orders of the Comelec
n) Review of final judgments or final orders of the CSC
o) Review of final judgments or final orders of the Ombudsman
p) Review of final judgments or final orders of the NLRC
q) Review of final judgments or final orders of quasi-judicial agencies
3. Relief from judgments, orders and other proceedings
a) Grounds for availing of the remedy
b) Time to file petition
c) Contents of petition
4. Annulment of judgments or final orders and resolutions
a) Grounds for annulment
b) Period to file action
c) Effects of judgment of annulment
5. Collateral attack of judgments
Q. Execution, satisfaction and effect of judgments
1. Difference between finality of judgment for purposes of appeal; for purposes
of execution
2. When execution shall issue
a) Execution as a matter of right
b) Discretionary execution
Page 8 of 22
3. How a judgment is executed
a) Execution by motion or by independent action
b) Issuance and contents of a writ of execution
c) Execution of judgments for money
d) Execution of judgments for specific acts
e) Execution of special judgments
f) Effect of levy on third persons
4. Properties exempt from execution
5. Proceedings where property is claimed by third persons
a) In relation to third party claim in attachment and replevin
6. Rules on redemption
7. Examination of judgment obligor when judgment is unsatisfied
8. Examination of obligor of judgment obligor
9. Effect of judgment or final orders
10. Enforcement and effect of foreign judgments or final orders
R. Provisional remedies
1. Nature of provisional remedies
2. Jurisdiction over provisional remedies
3. Preliminary attachment
a) Grounds for issuance of writ of attachment
b) Requisites
c) Issuance and contents of order of attachment; affidavit and bond
d) Rule on prior or contemporaneous service of summons
e) Manner of attaching real and personal property; when property
attached is claimed by third person
f) Discharge of attachment and the counter-bond
g) Satisfaction of judgment out of property attached
4. Preliminary injunction
a) Definitions and differences: preliminary injunction and temporary
restraining order
b) Requisites
c) Kinds of injunction
d) When writ may be issued
e) Grounds for issuance of preliminary injunction
f) Grounds for objection to, or for the dissolution of injunction or
restraining order
g) Duration of TRO
h) In relation to R.A. 8975, ban on issuance of TRO or writ of injunction
in cases involving government infrastructure projects
i) Rule on prior or contemporaneous service of summons in relation to
attachment
5. Receivership
a) Cases when receiver may be appointed
b) Requisites
c) Requirements before issuance of an order
d) General powers of a receiver
Page 9 of 22
e) Two kinds of bonds
f) Termination of receivership
6. Replevin
a) When may writ be issued
b) Requisites
c) Affidavit and bond; redelivery bond
d) Sheriff’s duty in the implementation of the writ; when property is
claimed by third party
S. Special civil actions
1. Nature of special civil actions
2. Ordinary civil actions versus special civil actions
3. Jurisdiction and venue
4. Interpleader
a) Requisites for interpleader
b) When to file
5. Declaratory reliefs and similar remedies
a) Who may file the action
b) Requisites of action for declaratory relief
c) When court may refuse to make judicial declaration
d) Conversion to ordinary action
e) Proceedings considered as similar remedies
(i) Reformation of an instrument
(ii) Consolidation of ownership
(iii) Quieting of title to real property
6. Review of judgments and final orders or resolution of the Comelec and COA
a) Application of Rule 65 under Rule 64
b) Distinction in the application of Rule 65 to judgments of the Comelec
and COA and the application of Rule 65 to other tribunals, persons and
officers
7. Certiorari, prohibition and mandamus
a) Definitions and distinctions
(i) Certiorari distinguished from appeal by certiorari
(ii) Prohibition and mandamus distinguished from injunction
b) Requisites
c) When petition for certiorari, prohibition and mandamus is proper
d) Injunctive relief
e) Exceptions to filing of motion for reconsideration before filing petition
f) Reliefs petitioner is entitled to
g) Actions/omissions of MTC/RTC in election cases
h) When and where to file petition
i) Effects of filing of an unmeritorious petition
8. Quo warranto
a) Distinguish from quo warranto in the omnibus election code
b) When government commence an action against individuals
c) When individual may commence an action
d) Judgment in quo warranto action
Page 10 of 22
e) Rights of a person adjudged entitled to public office
9. Expropriation
a) Matters to allege in complaint for expropriation
b) Two stages in every action for expropriation
c) When plaintiff can immediately enter into possession of the real
property, in relation to R.A. 8974
d) New system of immediate payment of initial just compensation
e) Defenses and objections
f) Order of expropriation
g) Ascertainment of just compensation
h) Appointment of commissioners; commissioner’s report; court action
upon commissioner’s report
i) Rights of plaintiff upon judgment and payment
j) Effect of recording of judgment
10. Foreclosure of real estate mortgage
a) Judgment on foreclosure for payment or sale
b) Sale of mortgaged property; effect
c) Disposition of proceeds of sale
d) Deficiency judgment
(i) Instances when court cannot render deficiency judgment
e) Judicial foreclosure versus extrajudicial foreclosure
f) Equity of redemption versus right of redemption
11. Partition
a) Who may file complaint; who should be made defendants
b) Matters to allege in the complaint for partition
c) Two stages in every action for partition
d) Order of partition and partition by agreement
e) Partition by commissioners; appointment of commissioners,
commissioner’s report; court action upon commissioner’s report
f) Judgment and its effects
g) Partition of personal property
h) Prescription of action
12. Forcible entry and unlawful detainer
a) Definitions and distinction
b) Distinguished from accion publiciana and accion reivindicatoria
c) How to determine jurisdiction in accion publiciana and accion
reivindicatoria
d) Who may institute the action and when; against whom the action may
be maintained
e) Pleadings allowed
f) Action on the complaint
g) When demand is necessary
h) Preliminary injunction and preliminary mandatory injunction
i) Resolving defense of ownership
j) How to stay the immediate execution of judgment
k) Summary procedure, prohibited pleadings
13. Contempt
Page 11 of 22
a) Kinds of contempt
b) Purpose and nature of each
c) Remedy against direct contempt; penalty
d) Remedy against indirect contempt; penalty
e) How contempt proceedings are commenced
f) Acts deemed punishable as indirect contempt
g) When imprisonment shall be imposed
h) Contempt against quasi-judicial bodies
IV. Special Proceedings
A. Settlement of estate of deceased persons, venue and process
1. Which court has jurisdiction
2. Venue in judicial settlement of estate
3. Extent of jurisdiction of probate court
4. Powers and duties of probate court
B. Summary settlement of estates
1. Extrajudicial settlement by agreement between heirs, when allowed
2. Two-year prescriptive period
3. Affidavit of self-adjudication by sole heir
4. Summary settlement of estates of small value, when allowed
5. Remedies of aggrieved parties after extra-judicial settlement of estate
C. Production and probate of will
1. Nature of probate proceeding
2. Who may petition for probate; persons entitled to notice
D. Allowance or disallowance of will
1. Contents of petition for allowance of will
2. Grounds for disallowing a will
3. Reprobate
a) Requisites before a will proved abroad will be allowed in the Philippines
4. Effects of probate
E. Letters testamentary and of administration
1. When and to whom letters of administration granted
2. Order of preference
3. Opposition to issuance of letters testamentary; simultaneous filing of petition
for administration
4. Powers and duties of executors and administrators; restrictions on the powers
5. Appointment of special administrator
6. Grounds for removal of administrator
F. Claims against the estate
1. Time within which claims shall be filed; exceptions
Page 12 of 22
2. Statute of non-claims
3. Claim of executor or administrator against the estate
4. Payment of debts
G. Actions by and against executors and administrators
1. Actions that may be brought against executors and administrators
2. Requisites before creditor may bring an action for recovery of property
fraudulently conveyed by the deceased
H. Distribution and partition
1. Liquidation
2. Project of partition
3. Remedy of an heir entitled to residue but not given his share
4. Instances when probate court may issue writ of execution
I. Trustees
1. Distinguished from executor/administrator
2. Conditions of the bond
3. Requisites for the removal and resignation of a trustee
4. Grounds for removal and resignation of a trustee
5. Extent of authority of trustee
J. Escheat
1. When to file
2. Requisites for filing of petition
3. Remedy of respondent against petition; period for filing a claim
K. Guardianship
1. General powers and duties of guardians
2. Conditions of the bond of the guardian
3. Rule on guardianship over minor
L. Adoption
1. Distinguish domestic adoption from inter-country adoption
2. Domestic Adoption Act
a) Effects of adoption
b) Instances when adoption may be rescinded
c) Effects of rescission of adoption
3. Inter-country adoption
a) When allowed
b) Functions of the RTC
c) “Best interest of the minor” standard
M. Writ of habeas corpus
1. Contents of the petition
2. Contents of the return
3. Distinguish peremptory writ from preliminary citation
Page 13 of 22
4. When not proper/applicable
5. When writ disallowed/discharged
6. Distinguish from writ of amparo and habeas data
7. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody
of Minors (A.M. No. 03-04-04-SC)
N. Writ of Amparo (A.M. No. 07-9-12-SC)
1. Coverage
2. Distinguish from habeas corpus and habeas data
3. Differences between amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to file return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of a criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ of amparo
O. Writ of Habeas Data (A.M. No. 08-1-16-SC)
1. Scope of writ
2. Availability of writ
3. Distinguish from habeas corpus and amparo
4. Who may file
5. Contents of the petition
6. Contents of return
7. Instances when petition be heard in chambers
8. Consolidation
9. Effect of filing of a criminal action
10. Institution of separate action
11. Quantum of proof in application for issuance of writ of amparo
P. Change of name
1. Differences under Rule 103, R.A. 9048 and Rule 108
2. Grounds for change of name
Q. Absentees
1. Purpose of the rule
2. Who may file; when to file
R. Cancellation or correction of entries in the civil registry
1. Entries subject to cancellation or correction under Rule 108, in relation to R.A.
9048
S. Appeals in special proceeding
Page 14 of 22
1. Judgments and orders for which appeal may be taken
2. When to appeal
3. Modes of appeal
4. Rule on advance distribution
V. Criminal Procedure
A. General matters
1. Distinguish jurisdiction over subject matter from jurisdiction over person of the
accused
2. Requisites for exercise of criminal jurisdiction
3. Jurisdiction of criminal courts
4. When injunction may be issued to restrain criminal prosecution
B. Prosecution of offenses
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be prosecuted de officio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of complaint or information
6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information
10. Venue of criminal actions
11. Intervention of offended party
C. Prosecution of civil action
1. Rule on implied institution of civil action with criminal action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil action
5. Prejudicial question
6. Rule on filing fees in civil action deemed instituted with the criminal action
D. Preliminary investigation
1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of probable cause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary investigation
9. Inquest
Page 15 of 22
E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a) By officer with warrant
b) By officer without warrant
c) By private person
4. Requisites of a valid warrant of arrest
5. Determination of probable cause for issuance of warrant of arrest
6. Distinguish probable cause of fiscal from that of a judge
F. Bail
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack of or irregular
preliminary investigation
10. Hold departure order & bureau of immigration watch list
G. Rights of the accused
1. Rights of accused at the trial
2. Rights of persons under custodial investigation
H. Arraignment and plea
1. Arraignment and plea, how made
2. When should plea of not guilty be entered
3. When may accused enter a plea of guilty to a lesser offense
4. Accused plead guilty to capital offense, what the court should do
5. Searching inquiry
6. Improvident plea
7. Grounds for suspension of arraignment
I. Motion to quash
1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is not a bar to another
prosecution
5. Double jeopardy
6. Provisional dismissal
J. Pre-trial
Page 16 of 22
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party agree to the
plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for court annexed mediation and judicial dispute
resolution
K. Trial
1. Instances when presence of accused is required by law
2. Requisite before trial can be suspended on account of absence of witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the prescribed period
5. Requisites for discharge of accused to become a state witness
6. Effects of discharge of accused as state witness
7. Demurrer to evidence
L. Judgment
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment in absentia
4. When does judgment become final (four instances)
M. New trial or reconsideration
1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newly discovered
evidence
4. Effects of granting a new trial or reconsideration
5. Application of Neypes doctrine in criminal cases
N. Appeal
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
O. Search and seizure
1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause
5. Personal examination by judge of the applicant and witnesses
6. Particularity of place to be searched and things to be seized
7. Personal property to be seized
Page 17 of 22
8. Exceptions to search warrant requirement
a) Search incidental to lawful arrest
b) Consented search
c) Search of moving vehicle
d) Check points; body checks in airport
e) Plain view situation
f) Stop and frisk situation
g) Enforcement of custom laws
h) Remedies from unlawful search and seizure
P. Provisional remedies
1. Nature
2. Kinds of provisional remedies
VI. Evidence
A. General principles
1. Concept of evidence
2. Scope of the Rules on Evidence
3. Evidence in civil cases versus evidence in criminal cases
4. Proof versus evidence
5. Factum probans versus factum probandum
6. Admissibility of evidence
a) Requisites for admissibility of evidence
b) Relevance of evidence and collateral matters
c) Multiple admissibility
d) Conditional admissibility
e) Curative admissibility
f) Direct and circumstantial evidence
g) Positive and negative evidence
h) Competent and credible evidence
7. Burden of proof and burden of evidence
8. Presumptions
a) Conclusive presumptions
b) Disputable presumptions
9. Liberal construction of the rules of evidence
10. Quantum of evidence (weight and sufficiency of evidence)
a) Proof beyond reasonable doubt
b) Preponderance of evidence
c) Substantial evidence
d) Clear and convincing evidence
B. Judicial notice and judicial admissions
1. What need not be proved
2. Matters of judicial notice
a) Mandatory
Page 18 of 22
b) Discretionary
3. Judicial admissions
a) Effect of judicial admissions
b) How judicial admissions may be contradicted
4. Judicial notice of foreign laws, law of nations and municipal ordinance
C. Object (real) evidence
1. Nature of object evidence
2. Requisites for admissibility
3. Categories of object evidence
4. Demonstrative evidence
5. View of an object or scene
6. Chain of custody in relation to Section 21 of the Comprehensive Dangerous Drugs
Act of 2002
7. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
a) Meaning of DNA
b) Applicable for DNA testing order
c) Post-conviction DNA testing; remedy
d) Assessment of probative value of DNA evidence and admissibility
e) Rules on evaluation of reliability of the DNA testing methodology
D. Documentary evidence
1. Meaning of documentary evidence
2. Requisites for admissibility
3. Best Evidence Rule
a) Meaning of the rule
b) When applicable
c) Meaning of original
d) Requisites for introduction of secondary evidence
4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
a) Meaning of electronic evidence; electronic data massage
b) Probative value of electronic documents or evidentiary weight; method of proof
c) Authentication of electronic documents and electronic signatures
d) Electronic documents and the hearsay rule
e) Audio, photographic, video and ephemeral evidence
5. Parol Evidence Rule
a) Application of the parol evidence rule
b) When parol evidence can be introduced
c) Distinctions between the best evidence rule and parol evidence rule
6. Authentication and proof of documents
a) Meaning of authentication
b) Public and private documents
c) When a private writing requires authentication; proof of a private writing
d) When evidence of authenticity of a private writing is not required (ancient
documents)
e) How to prove genuineness of a handwriting
f) Public documents as evidence; proof of official record
Page 19 of 22
g) Attestation of a copy
h) Public record of a public document
i) Proof of lack of record
j) How a judicial record is impeached
k) Proof of notarial documents
l) How to explain alterations in a document
m) Documentary evidence in an unofficial language
E. Testimonial evidence
1. Qualifications of a witness
2. Competency versus credibility of a witness
3. Disqualifications of witnesses
a) Disqualification by reason of mental capacity or immaturity
b) Disqualification by reason of marriage
c) Disqualification by reason of death or insanity of adverse party
d) 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 rule
4. Examination of a witness
a) Rights and obligations of a witness
b) 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 witness
c) Leading and misleading questions
d) Methods of impeachment of adverse party’s witness
e) How the witness is impeached by evidence of inconsistent statements (laying
the predicate)
f) Evidence of the good character of a witness
5. Admissions and confessions
a) Res inter alios acta rule
b) Admission by a party
c) Admission by a third party
d) Admission by a co-partner or agent
e) Admission by a conspirator
f) Admission by privies
g) Admission by silence
h) Confessions
i) Similar acts as evidence
6. Hearsay Rule
a) Meaning of hearsay
Page 20 of 22
b) Reason for exclusion of hearsay evidence
c) 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 trial
7. Opinion rule
a) Opinion of expert witness
b) Opinion of ordinary witness
8. Character evidence
a) Criminal cases
b) Civil cases
9. Rule on Examination of a Child witness (A.M. No. 004-07-SC)
a) Applicability of the rule
b) Meaning of “child witness”
c) Competency of a child witness
d) Examination of a child witness
e) Live-link TV testimony of a child witness
f) Videotaped deposition of a child witness
g) Hearsay exception in child abuse cases
h) Sexual abuse shield rule
i) Protective orders
F. Offer and objection
1. Offer of evidence
2. When to make an offer
3. Objection
4. Repetition of an objection
5. Ruling
6. Striking out of an answer
7. Tender of excluded evidence
G. Supreme Court rulings as of January 31, 2012
VII. Revised Rules on Summary Procedure
A. Cases covered by the rule
B. Effect of failure to answer
Page 21 of 22
C. Preliminary conference and appearances of parties
VIII. Katarungang Pambarangay
A. Cases covered
B. Subject matter for amicable settlement
C. Venue
D. When parties may directly go to court
E. Execution
F. Repudiation
IX. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC)
A. Scope and applicability of the rule
B. Commencement of small claims action; response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment
X. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
A. Scope and applicability of the rule
B. Civil procedure
1. Prohibition against temporary restraining order and preliminary injunction
2. Pre-trial conference; consent decree
3. Prohibited pleadings and motions
4. Temporary environmental protection order (TEPO)
5. Judgment and execution; reliefs in a citizen’s suit
6. Permanent environmental protection order; writ of continuing mandamus
7. Strategic lawsuit against public participation
Page 22 of 22
C. Special proceedings
1. Writ of Kalikasan
2. Prohibited pleadings and motions
3. Discovery measures
4. Writ of continuing mandamus
D. Criminal procedure
1. Who may file
2. Institution of criminal and civil action
3. Arrest without warrant, when valid
4. Procedure in the custody and disposition of seized items
5. Bail
6. Arraignment and plea
7. Pre-trial
8. Subsidiary liabilities
E. Evidence
1. Precautionary principle
2. Documentary evidence
INCLUDE: Pertinent Supreme Court decisions promulgated as of January 31, 2012.
IMPORTANT NOTE: This bar coverage description is not intended and should not be used by
law schools as a syllabus or course outline in the covered subjects. It has been drawn up for
the limited purpose of ensuring that candidates reviewing for the bar examinations are guided
on what basic and minimum amounts of laws, doctrines, and principles they need to know and
be able to use correctly before they can be licensed to practice law. More is required for
excellent and distinguished work as members of the Bar.

FRIA in Relation to Instituting Insolvency Proceedings

2012-07-26T22:25:00.001-07:00

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10142

AN ACT PROVIDING FOR THE REHABILITATION OR LIQUIDATION OF FINANCIALLY DISTRESSED ENTERPRISES AND INDIVIDUALS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Title. - This Act shall be known as the "Financial Rehabilitation and Insolvency Act (FRIA) of 2010".

Section 2. Declaration of Policy. - It is the policy of the State to encourage debtors, both juridical and natural persons, and their creditors to collectively and realistically resolve and adjust competing claims and property rights. In furtherance thereof, the State shall ensure a timely, fair, transparent, effective and efficient rehabilitation or liquidation of debtors. The rehabilitation or liquidation shall be made with a view to ensure or maintain certainly and predictability in commercial affairs, preserve and maximize the value of the assets of these debtors, recognize creditor rights and respect priority of claims, and ensure equitable treatment of creditors who are similarly situated. When rehabilitation is not feasible, it is in the interest of the State to facilities a speedy and orderly liquidation of these debtor's assets and the settlement of their obligations.

Section 3. Nature of Proceedings. - The proceedings under this Act shall be in rem. Jurisdiction over all persons affected by the proceedings shall be considered as acquired upon publication of the notice of the commencement of the proceedings in any newspaper of general circulation in the Philippines in the manner prescribed by the rules of procedure to be promulgated by the Supreme Court.

The proceedings shall be conducted in a summary and non-adversarial manner consistent with the declared policies of this Act and in accordance with the rules of procedure that the Supreme Court may promulgate.

Section 4. Definition of Terms. - As used in this Act, the term:

(a) Administrative expenses shall refer to those reasonable and necessary expenses:

(1) incurred or arising from the filing of a petition under the provisions of this Act;

(2) arising from, or in connection with, the conduct of the proceedings under this Act, including those incurred for the rehabilitation or liquidation of the debtor;

(3) incurred in the ordinary course of business of the debtor after the commencement date;

(4) for the payment of new obligations obtained after the commencement date to finance the rehabilitation of the debtor;

(5) incurred for the fees of the rehabilitation receiver or liquidator and of the professionals engaged by them; and

(6) that are otherwise authorized or mandated under this Act or such other expenses as may be allowed by the Supreme Court in its rules.

(b) Affiliate shall refer to a corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control of another corporation.

(c) Claim shall refer to all claims or demands of whatever nature or character against the debtor or its property, whether for money or otherwise, liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, including, but not limited to; (1) all claims of the government, whether national or local, including taxes, tariffs and customs duties; and (2) claims against directors and officers of the debtor arising from acts done in the discharge of their functions falling within the scope of their authority: Provided, That, this inclusion does not prohibit the creditors or third parties from filing cases against the directors and officers acting in their personal capacities.

(d) Commencement date shall refer to the date on which the court issues the Commencement Order, which shall be retroactive to the date of filing of the petition for voluntary or involuntary proceedings.

(e) Commencement Order shall refer to the order issued by the court under Section 16 of this Act.

(f) Control shall refer to the power of a parent corporation to direct or govern the financial and operating policies of an enterprise so as to obtain benefits from its activities. Control is presumed to exist when the parent owns, directly or indirectly through subsidiaries or affiliates, more than one-half (1/2) of the voting power of an enterprise unless, in exceptional circumstances, it can clearly be demonstrated that such ownership does not constitute control. Control also exists even when the parent owns one-half (1/2) or less of the voting power of an enterprise when there is power:

(1) over more than one-half (1/2) of the voting rights by virtue of an agreement with investors;

(2) to direct or govern the financial and operating policies of the enterprise under a statute or an agreement;

(3) to appoint or remove the majority of the members of the board of directors or equivalent governing body; or

(4) to cast the majority votes at meetings of the board of directors or equivalent governing body.

(g) Court shall refer to the court designated by the Supreme Court to hear and determine, at the first instance, the cases brought under this Act.

(h) Creditor shall refer to a natural or juridical person which has a claim against the debtor that arose on or before the commencement date.

(i) Date of liquidation shall refer to the date on which the court issues the Liquidation Order.

(j) Days shall refer to calendar days unless otherwise specifically stated in this Act.

(k) Debtor shall refer to, unless specifically excluded by a provision of this Act, a sole proprietorship duly registered with the Department of Trade and Industry (DTI), a partnership duly registered with the Securities and Exchange Commission (SEC), a corporation duly organized and existing under Philippine laws, or an individual debtor who has become insolvent as defined herein.

(l) Encumbered property shall refer to real or personal property of the debtor upon which a lien attaches.

(m) General unsecured creditor shall refer to a creditor whose claim or a portion thereof its neither secured, preferred nor subordinated under this Act.

(n) Group of debtors shall refer to and can cover only: (1) corporations that are financially related to one another as parent corporations, subsidiaries or affiliates; (2) partnerships that are owned more than fifty percent (50%) by the same person; and (3) single proprietorships that are owned by the same person. When the petition covers a group of debtors, all reference under these rules to debtor shall include and apply to the group of debtors.

(o) Individual debtor shall refer to a natural person who is a resident and citizen of the Philippines that has become insolvent as defined herein.

(p) Insolvent shall refer to the financial condition of a debtor that is generally unable to pay its or his liabilities as they fall due in the ordinary course of business or has liabilities that are greater than its or his assets.

(q) Insolvent debtor's estate shall refer to the estate of the insolvent debtor, which includes all the property and assets of the debtor as of commencement date, plus the property and assets acquired by the rehabilitation receiver or liquidator after that date, as well as all other property and assets in which the debtor has an ownership interest, whether or not these property and assets are in the debtor's possession as of commencement date: Provided, That trust assets and bailment, and other property and assets of a third party that are in the possession of the debtor as of commencement date, are excluded therefrom.

(r) Involuntary proceedings shall refer to proceedings initiated by creditors.

(s) Liabilities shall refer to monetary claims against the debtor, including stockholder's advances that have been recorded in the debtor's audited financial statements as advances for future subscriptions.

(t) Lien shall refer to a statutory or contractual claim or judicial charge on real or personal property that legality entities a creditor to resort to said property for payment of the claim or debt secured by such lien.

(u) Liquidation shall refer to the proceedings under Chapter V of this Act.

(v) Liquidation Order shall refer to the Order issued by the court under Section 112 of this Act.

(w) Liquidator shall refer to the natural person or juridical entity appointed as such by the court and entrusted with such powers and duties as set forth in this Act: Provided, That, if the liquidator is a juridical entity, it must designated a natural person who possesses all the qualifications and none of the disqualifications as its representative, it being understood that the juridical entity and the representative are solidarity liable for all obligations and responsibilities of the liquidator.

(x) Officer shall refer to a natural person holding a management position described in or contemplated by a juridical entity's articles of incorporation, bylaws or equivalent documents, except for the corporate secretary, the assistant corporate secretary and the external auditor.

(y) Ordinary course of business shall refer to transactions in the pursuit of the individual debtor's or debtor's business operations prior to rehabilitation or insolvency proceedings and on ordinary business terms.

(z) Ownership interest shall refer to the ownership interest of third parties in property held by the debtor, including those covered by trust receipts or assignments of receivables.

(aa) Parent shall refer to a corporation which has control over another corporation either directly or indirectly through one or more intermediaries.

(bb) Party to the proceedings shall refer to the debtor, a creditor, the unsecured creditors' committee, a stakeholder, a party with an ownership interest in property held by the debtor, a secured creditor, the rehabilitation receiver, liquidator or any other juridical or natural person who stands to be benefited or injured by the outcome of the proceedings and whose notice of appearance is accepted by the court.

(cc) Possessory lien shall refer to a lien on property, the possession of which has been transferred to a creditor or a representative or agent thereof.

(dd) Proceedings shall refer to judicial proceedings commenced by the court's acceptance of a petition filed under this Act.

(ee) Property of others shall refer to property held by the debtor in which other persons have an ownership interest.

(ff) Publication notice shall refer to notice through publication in a newspaper of general circulation in the Philippines on a business day for two (2) consecutive weeks.

(gg) Rehabilitation shall refer to the restoration of the debtor to a condition of successful operation and solvency, if it is shown that its continuance of operation is economically feasible and its creditors can recover by way of the present value of payments projected in the plan, more if the debtor continues as a going concern than if it is immediately liquidated.

(hh) Rehabilitation receiver shall refer to the person or persons, natural or juridical, appointed as such by the court pursuant to this Act and which shall be entrusted with such powers and duties as set forth herein.

(ii) Rehabilitation Plan shall refer to a plan by which the financial well-being and viability of an insolvent debtor can be restored using various means including, but not limited to, debt forgiveness, debt rescheduling, reorganization or quasi-reorganization, dacion en pago, debt-equity conversion and sale of the business (or parts of it) as a going concern, or setting-up of new business entity as prescribed in Section 62 hereof, or other similar arrangements as may be approved by the court or creditors.

(jj) Secured claim shall refer to a claim that is secured by a lien.

(kk) Secured creditor shall refer to a creditor with a secured claim.

(ll) Secured party shall refer to a secured creditor or the agent or representative of such secured creditor.

(mm) Securities market participant shall refer to a broker dealer, underwriter, transfer agent or other juridical persons transacting securities in the capital market.

(nn) Stakeholder shall refer, in addition to a holder of shares of a corporation, to a member of a nonstock corporation or association or a partner in a partnership.

(oo) Subsidiary shall refer to a corporation more than fifty percent (50%) of the voting stock of which is owned or controlled directly or indirectly through one or more intermediaries by another corporation, which thereby becomes its parent corporation.

(pp) Unsecured claim shall refer to a claim that is not secured by a lien.

(qq) Unsecured creditor shall refer to a creditor with an unsecured claim.

(rr) Voluntary proceedings shall refer to proceedings initiated by the debtor.

(ss) Voting creditor shall refer to a creditor that is a member of a class of creditors, the consent of which is necessary for the approval of a Rehabilitation Plan under this Act.

Section 5. Exclusions. - The term debtor does not include banks, insurance companies, pre-need companies, and national and local government agencies or units.

For purposes of this section:

(a) Bank shall refer to any duly licensed bank or quasi-bank that is potentially or actually subject to conservatorship, receivership or liquidation proceedings under the New Central Bank Act (Republic Act No. 7653) or successor legislation;

(b) Insurance company shall refer to those companies that are potentially or actually subject to insolvency proceedings under the Insurance Code (Presidential Decree No. 1460) or successor legislation; and

Provided, That government financial institutions other than banks and government-owned or controlled corporations shall be covered by this Act, unless their specific charter provides otherwise.

Section 6. Designation of Courts and Promulgation of Procedural Rules. - The Supreme Court shall designate the court or courts that will hear and resolve cases brought under this Act and shall promulgate the rules of pleading, practice and procedure to govern the proceedings brought under this Act.

Section 7. Substantive and Procedural Consolidation. - Each juridical entity shall be considered as a separate entity under the proceedings in this Act. Under these proceedings, the assets and liabilities of a debtor may not be commingled or aggregated with those of another, unless the latter is a related enterprise that is owned or controlled directly or indirectly by the same interests: Provided, however, That the commingling or aggregation of assets and liabilities of the debtor with those of a related enterprise may only be allowed where:

(a) there was commingling in fact of assets and liabilities of the debtor and the related enterprise prior to the commencement of the proceedings;

(b) the debtor and the related enterprise have common creditors and it will be more convenient to treat them together rather than separately;

(c) the related enterprise voluntarily accedes to join the debtor as party petitioner and to commingle its assets and liabilities with the debtor's; and

(d) The consolidation of assets and liabilities of the debtor and the related enterprise is beneficial to all concerned and promotes the objectives of rehabilitation.

Provided, finally, That nothing in this section shall prevent the court from joining other entities affiliated with the debtor as parties pursuant to the rules of procedure as may be promulgated by the Supreme Court.

Section 8. Decisions of Creditors. - Decisions of creditors shall be made according to the relevant provisions of the Corporation Code in the case of stock or nonstock corporations or the Civil Code in the case of partnerships that are not inconsistent with this Act.

Section 9. Creditors Representatives. - Creditors may designate representatives to vote or otherwise act on their behalf by filing notice of such representation with the court and serving a copy on the rehabilitation receiver or liquidator.

Section 10. Liability of Individual Debtor, Owner of a Sole Proprietorship, Partners in a Partnership, or Directors and Officers. - Individual debtor, owner of a sole proprietorship, partners in a partnership, or directors and officers of a debtor shall be liable for double the value of the property sold, embezzled or disposed of or double the amount of the transaction involved, whichever is higher to be recovered for benefit of the debtor and the creditors, if they, having notice of the commencement of the proceedings, or having reason to believe that proceedings are about to be commenced, or in contemplation of the proceedings, willfully commit the following acts:

(a) Dispose or cause to be disposed of any property of the debtor other than in the ordinary course of business or authorize or approve any transaction in fraud of creditors or in a manner grossly disadvantageous to the debtor and/or creditors; or

(b) Conceal or authorize or approve the concealment, from the creditors, or embezzles or misappropriates, any property of the debtor.

The court shall determine the extent of the liability of an owner, partner, director or officer under this section. In this connection, in case of partnerships and corporations, the court shall consider the amount of the shareholding or partnership or equity interest of such partner, director or officer, the degree of control of such partner, director or officer over the debtor, and the extent of the involvement of such partner, director or debtor in the actual management of the operations of the debtor.

Section 11. Authorization to Exchange Debt for Equity. - Notwithstanding applicable banking legislation to the contrary, any bank, whether universal or not, may acquire and hold an equity interest or investment in a debtor or its subsidiaries when conveyed to such bank in satisfaction of debts pursuant to a Rehabilitation or Liquidation Plan approved by the court: Provided, That such ownership shall be subject to the ownership limits applicable to universal banks for equity investments and: Provided, further, That any equity investment or interest acquired or held pursuant to this section shall be disposed by the bank within a period of five (5) years or as may be prescribed by the Monetary Board.

CHAPTER II
COURT-SUPERVISED REHABILITATION

(A) Initiation Proceedings.
(1) Voluntary Proceedings.

Section 12. Petition to Initiate Voluntary Proceedings by Debtor. - When approved by the owner in case of a sole proprietorship, or by a majority of the partners in case of a partnership, or in case of a corporation, by a majority vote of the board of directors or trustees and authorized by the vote of the stockholders representing at least two-thirds (2/3) of the outstanding capital stock, or in case of nonstock corporation, by the vote of at least two-thirds (2/3) of the members, in a stockholder's or member's meeting duly called for the purpose, an insolvent debtor may initiate voluntary proceedings under this Act by filing a petition for rehabilitation with the court and on the grounds hereinafter specifically provided. The petition shall be verified to establish the insolvency of the debtor and the viability of its rehabilitation, and include, whether as an attachment or as part of the body of the petition, as a minimum the following:

(a) Identification of the debtor, its principal activities and its addresses;

(b) Statement of the fact of and the cause of the debtor's insolvency or inability to pay its obligations as they become due;

(d) The grounds upon which the petition is based;

(e) Other information that may be required under this Act depending on the form of relief requested;

(f) Schedule of the debtor's debts and liabilities including a list of creditors with their addresses, amounts of claims and collaterals, or securities, if any;

(g) An inventory of all its assets including receivables and claims against third parties;

(h) A Rehabilitation Plan;

(i) The names of at least three (3) nominees to the position of rehabilitation receiver; and

(j) Other documents required to be filed with the petition pursuant to this Act and the rules of procedure as may be promulgated by the Supreme Court.

A group of debtors may jointly file a petition for rehabilitation under this Act when one or more of its members foresee the impossibility of meeting debts when they respectively fall due, and the financial distress would likely adversely affect the financial condition and/or operations of the other members of the group and/or the participation of the other members of the group is essential under the terms and conditions of the proposed Rehabilitation Plan.

(2) Involuntary Proceedings.

Section 13. Circumstances Necessary to Initiate Involuntary Proceedings. - Any creditor or group of creditors with a claim of, or the aggregate of whose claims is, at least One Million Pesos (Php1,000,000.00) or at least twenty-five percent (25%) of the subscribed capital stock or partners' contributions, whichever is higher, may initiate involuntary proceedings against the debtor by filing a petition for rehabilitation with the court if:

(a) there is no genuine issue of fact on law on the claim/s of the petitioner/s, and that the due and demandable payments thereon have not been made for at least sixty (60) days or that the debtor has failed generally to meet its liabilities as they fall due; or

(b) a creditor, other than the petitioner/s, has initiated foreclosure proceedings against the debtor that will prevent the debtor from paying its debts as they become due or will render it insolvent.

Section 14. Petition to Initiate Involuntary Proceedings. - The creditor/s' petition for rehabilitation shall be verified to establish the substantial likelihood that the debtor may be rehabilitated, and include:

(a) identification of the debtor its principal activities and its address;

(b) the circumstances sufficient to support a petition to initiate involuntary rehabilitation proceedings under Section 13 of this Act;

(d) a Rehabilitation Plan;

(e) the names of at least three (3) nominees to the position of rehabilitation receiver;

(f) other information that may be required under this Act depending on the form of relief requested; and

(g) other documents required to be filed with the petition pursuant to this Act and the rules of procedure as may be promulgated by the Supreme Court.

(B) Action on the Petition and Commencement of Proceedings.

Section 15. Action on the Petition. - If the court finds the petition for rehabilitation to be sufficient in form and substance, it shall, within five (5) working days from the filing of the petition, issue a Commencement Order. If, within the same period, the court finds the petition deficient in form or substance, the court may, in its discretion, give the petitioner/s a reasonable period of time within which to amend or supplement the petition, or to submit such documents as may be necessary or proper to put the petition in proper order. In such case, the five (5) working days provided above for the issuance of the Commencement Order shall be reckoned from the date of the filing of the amended or supplemental petition or the submission of such documents.

Section 16. Commencement of Proceedings and Issuance of a Commencement Order. - The rehabilitation proceedings shall commence upon the issuance of the Commencement Order, which shall:

(a) identify the debtor, its principal business or activity/ies and its principal place of business;

(b) summarize the ground/s for initiating the proceedings;

(d) state the legal effects of the Commencement Order, including those mentioned in Section 17 hereof;

(e) declare that the debtor is under rehabilitation;

(f) direct the publication of the Commencement Order in a newspaper of general circulation in the Philippines once a week for at least two (2) consecutive weeks, with the first publication to be made within seven (7) days from the time of its issuance;

(g) If the petitioner is the debtor direct the service by personal delivery of a copy of the petition on each creditor holding at least ten percent (10%) of the total liabilities of the debtor as determined from the schedule attached to the petition within five (5) days; if the petitioner/s is/are creditor/s, direct the service by personal delivery of a copy of the petition on the debtor within five (5) days;

(h) appoint a rehabilitation receiver who may or not be from among the nominees of the petitioner/s and who shall exercise such powers and duties defined in this Act as well as the procedural rules that the Supreme Court will promulgate;

(i) summarize the requirements and deadlines for creditors to establish their claims against the debtor and direct all creditors to their claims with the court at least five (5) days before the initial hearing;

(j) direct Bureau of internal Revenue (BIR) to file and serve on the debtor its comment on or opposition to the petition or its claim/s against the debtor under such procedures as the Supreme Court provide;

(k) prohibit the debtor's suppliers of goods or services from withholding the supply of goods and services in the ordinary course of business for as long as the debtor makes payments for the services or goods supplied after the issuance of the Commencement Order;

(l) authorize the payment of administrative expenses as they become due;

(m) set the case for initial hearing, which shall not be more than forty (40) days from the date of filing of the petition for the purpose of determining whether there is substantial likelihood for the debtor to be rehabilitated;

(n) make available copies of the petition and rehabilitation plan for examination and copying by any interested party;

(o) indicate the location or locations at which documents regarding the debtor and the proceedings under Act may be reviewed and copied;

(p) state that any creditor or debtor who is not the petitioner, may submit the name or nominate any other qualified person to the position of rehabilitation receiver at least five (5) days before the initial hearing;

(q) include s Stay or Suspension Order which shall:

(1) suspend all actions or proceedings, in court or otherwise, for the enforcement of claims against the debtor;

(2) suspend all actions to enforce any judgment, attachment or other provisional remedies against the debtor;

(3) prohibit the debtor from selling, encumbering, transferring or disposing in any manner any of its properties except in the ordinary course of business; and

(4) prohibit the debtor from making any payment of its liabilities outstanding as of the commencement date except as may be provided herein.

Section 17. Effects of the Commencement Order. - Unless otherwise provided for in this Act, the court's issuance of a Commencement Order shall, in addition to the effects of a Stay or Suspension Order described in Section 16 hereof:

(a) vest the rehabilitation with all the powers and functions provided for this Act, such as the right to review and obtain records to which the debtor's management and directors have access, including bank accounts or whatever nature of the debtor subject to the approval by the court of the performance bond filed by the rehabilitation receiver;

(b) prohibit or otherwise serve as the legal basis rendering null and void the results of any extrajudicial activity or process to seize property, sell encumbered property, or otherwise attempt to collection or enforce a claim against the debtor after commencement date unless otherwise allowed in this Act, subject to the provisions of Section 50 hereof;

(c) serve as the legal basis for rendering null and void any setoff after the commencement date of any debt owed to the debtor by any of the debtor's creditors;

(d) serve as the legal basis for rendering null and void the perfection of any lien against the debtor's property after the commencement date; and

(e) consolidate the resolution of all legal proceedings by and against the debtor to the court Provided. However, That the court may allow the continuation of cases on other courts where the debtor had initiated the suit.

Attempts to seek legal of other resource against the debtor outside these proceedings shall be sufficient to support a finding of indirect contempt of court.

Section 18. Exceptions to the Stay or Suspension Order. - The Stay or Suspension Order shall not apply:

(a) to cases already pending appeal in the Supreme Court as of commencement date Provided, That any final and executory judgment arising from such appeal shall be referred to the court for appropriate action;

(b) subject to the discretion of the court, to cases pending or filed at a specialized court or quasi-judicial agency which, upon determination by the court is capable of resolving the claim more quickly, fairly and efficiently than the court: Provided, That any final and executory judgment of such court or agency shall be referred to the court and shall be treated as a non-disputed claim;

(c) to the enforcement of claims against sureties and other persons solidarily liable with the debtor, and third party or accommodation mortgagors as well as issuers of letters of credit, unless the property subject of the third party or accommodation mortgage is necessary for the rehabilitation of the debtor as determined by the court upon recommendation by the rehabilitation receiver;

(d) to any form of action of customers or clients of a securities market participant to recover or otherwise claim moneys and securities entrusted to the latter in the ordinary course of the latter's business as well as any action of such securities market participant or the appropriate regulatory agency or self-regulatory organization to pay or settle such claims or liabilities;

(e) to the actions of a licensed broker or dealer to sell pledged securities of a debtor pursuant to a securities pledge or margin agreement for the settlement of securities transactions in accordance with the provisions of the Securities Regulation Code and its implementing rules and regulations;

(f) the clearing and settlement of financial transactions through the facilities of a clearing agency or similar entities duly authorized, registered and/or recognized by the appropriate regulatory agency like the Bangko Sentral ng Pilipinas (BSP) and the SEC as well as any form of actions of such agencies or entities to reimburse themselves for any transactions settled for the debtor; and

(g) any criminal action against individual debtor or owner, partner, director or officer of a debtor shall not be affected by any proceeding commend under this Act.

Section 19. Waiver of taxes and Fees Due to the National Government and to Local Government Units (LGUs). - Upon issuance of the Commencement Order by the court, and until the approval of the Rehabilitation Plan or dismissal of the petition, whichever is earlier, the imposition of all taxes and fees including penalties, interests and charges thereof due to the national government or to LGUs shall be considered waived, in furtherance of the objectives of rehabilitation.

Section 20. Application of Stay or Suspension Order to Government Financial Institutions. - The provisions of this Act concerning the effects of the Commencement Order and the Stay or Suspension Order on the suspension of rights to foreclose or otherwise pursue legal remedies shall apply to government financial institutions, notwithstanding provisions in their charters or other laws to the contrary.

Section 21. Effectivity and Duration of Commencement Order. - Unless lifted by the court, the Commencement Order shall be for the effective for the duration of the rehabilitation proceedings for as long as there is a substantial likelihood that the debtor will be successfully rehabilitated. In determining whether there is substantial likelihood for the debtor to be successfully rehabilitated, the court shall ensure that the following minimum requirements are met:

(a) The proposed Rehabilitation Plan submitted complies with the minimum contents prescribed by this Act;

(b) There is sufficient monitoring by the rehabilitation receiver of the debtor's business for the protection of creditors;

(c) The debtor has met with its creditors to the extent reasonably possible in attempts to reach consensus on the proposed Rehabilitation Plan;

(d) The rehabilitation receiver submits a report, based on preliminary evaluation, stating that the underlying assumptions and the goals stated in the petitioner's Rehabilitation Plan are realistic reasonable and reasonable or if not, there is, in any case, a substantial likelihood for the debtor to be successfully rehabilitated because, among others:

(1) there are sufficient assets with/which to rehabilitate the debtor;

(2) there is sufficient cash flow to maintain the operations of the debtor;

(3) the debtor's, partners, stockholders, directors and officers have been acting in good faith and which due diligence;

(4) the petition is not s sham filing intended only to delay the enforcement of the rights of the creditor's or of any group of creditors; and

(5) the debtor would likely be able to pursue a viable Rehabilitation Plan;

(e) The petition, the Rehabilitation Plan and the attachments thereto do not contain any materially false or misleading statement;

(f) If the petitioner is the debtor, that the debtor has met with its creditor/s representing at least three-fourths (3/4) of its total obligations to the extent reasonably possible and made a good faith effort to reach a consensus on the proposed Rehabilitation Plan if the petitioner/s is/are a creditor or group of creditors, that/ the petitioner/s has/have met with the debtor and made a good faith effort to reach a consensus on the proposed Rehabilitation Plan; and

(g) The debtor has not committed acts misrepresentation or in fraud of its creditor/s or a group of creditors.

Section 22. Action at the Initial Hearing. - At the initial hearing, the court shall:

(a) determine the creditors who have made timely and proper filing of their notice of claims;

(b) hear and determine any objection to the qualifications of the appointment of the rehabilitation receiver and, if necessary appoint a new one in accordance with this Act;

(c) direct the creditors to comment on the petition and the Rehabilitation Plan, and to submit the same to the court and to the rehabilitation receiver within a period of not more than twenty (20) days; and

(d) direct the rehabilitation receiver to evaluate the financial condition of the debtor and to prepare and submit to the court within forty (40) days from initial hearing the report provided in Section 24 hereof.

Section 23. Effect of Failure to File Notice of Claim. - A creditor whose claim is not listed in the schedule of debts and liabilities and who fails to file a notice of claim in accordance with the Commencement Order but subsequently files a belated claim shall not be entitled to participate in the rehabilitation proceedings but shall be entitled to receive distributions arising therefrom.

Section 24. Report of the Rehabilitation Receiver. - Within forty (40) days from the initial hearing and with or without the comments of the creditors or any of them, the rehabilitation receiver shall submit a report to the court stating his preliminary findings and recommendations on whether:

(a) the debtor is insolvent and if so, the causes thereof and any unlawful or irregular act or acts committed by the owner/s of a sole proprietorship partners of a partnership or directors or officers of a corporation in contemplation of the insolvency of the debtor or which may have contributed to the insolvency of the debtor;

(b) the underlying assumptions, the financial goals and the procedures to accomplish such goals as stated in the petitioner's Rehabilitation Plan are realistic, feasible and reasonable;

(d) the petition should be dismissed; and

(e) the debtor should be dissolved and/or liquidated.

Section 25. Giving Due Course to or Dismissal of Petition, or Conversion of Proceedings. - Within ten (10) days from receipt of the report of the rehabilitation receiver mentioned in Section 24 hereof the court may:

(a) give due course to the petition upon a finding that:

(1) the debtor is insolvent; and

(2) there is a substantial likelihood for the debtor to be successfully rehabilitated;

(b) dismiss the petition upon a finding that:

(1)debtor is not insolvent;

(2) the petition i8 a sham filing intended only to delay the enforcement of the rights of the creditor/s or of any group of creditors;

(3)the petition, the Rehabilitation Plan and the attachments thereto contain any materially false or misleading statements; or

(4)the debtor has committed acts of misrepresentation or in fraud of its creditor/s or a group of creditors;

(c)convert the proceedings into one for the liquidation of the debtor upon a finding that:

(1)the debtor is insolvent; and

(2)there is no substantial likelihood for the debtor to be successfully rehabilitated as determined in accordance with the rules to be promulgated by the Supreme Court.

Section 26.Petition Given Due Course. - If the petition is given due course, the court shall direct the rehabilitation receiver to review, revise and/or recommend action on the Rehabilitation Plan and submit the same or a new one to the court within a period of not more than ninety (90) days.

The court may refer any dispute relating to the Rehabilitation Plan or the rehabilitation proceedings pending before it to arbitration or other modes of dispute resolution, as provided for under Republic Act No. 9285, Or the Alternative Dispute Resolution Act of 2004, should it determine that such mode will resolve the dispute more quickly, fairly and efficiently than the court.

Section 27.Dismissal of Petition. - If the petition is dismissed pursuant to paragraph (b) of Section 25 hereof, then the court may, in its discretion, order the petitioner to pay damages to any creditor or to the debtor, as the case may be, who may have been injured by the filing of the petition, to the extent of any such injury.

(C) The Rehabilitation Receiver, Management Committee and Creditors' Committee.

Section 28.Who May Serve as a Rehabilitation Receiver. - Any qualified natural or juridical person may serve as a rehabilitation receiver: Provided, That if the rehabilitation receiver is a juridical entity, it must designate a natural person/s who possess/es all the qualifications and none of the disqualification’s as its representative, it being understood that the juridical entity and the representative/s are solidarily liable for all obligations and responsibilities of the rehabilitation receiver.

Section 29.Qualifications of a Rehabilitation Receiver. - The rehabilitation receiver shall have the following minimum qualifications:

(a)A citizen of the Philippines or a resident of the Philippines in the six (6) months immediately preceding his nomination;

(b)Of good moral character and with acknowledged integrity, impartiality and independence;

(c)Has the requisite knowledge of insolvency and other relevant commercial laws, rules and procedures, as well as the relevant training and/or experience that may be necessary to enable him to properly discharge the duties and obligations of a rehabilitation receiver; and

(d)Has no conflict of interest: Provided, That such conflict of interest may be waived, expressly or impliedly, by a party who may be prejudiced thereby.

Other qualifications and disqualification’s of the rehabilitation receiver shall be set forth in procedural rules, taking into consideration the nature of the business of the debtor and the need to protect the interest of all stakeholders concerned.

Section 30.Initial Appointment of the Rehabilitation Receiver. - The court shall initially appoint the rehabilitation receiver, who mayor may not be from among the nominees of the petitioner, However, at the initial hearing of the petition, the creditors and the debtor who are not petitioners may nominate other persons to the position. The court may retain the rehabilitation receiver initially appointed or appoint another who mayor may not be from among those nominated.

In case the debtor is a securities market participant, the court shall give priority to the nominee of the appropriate securities or investor protection fund.

If a qualified natural person or entity is nominated by more than fifty percent (50%) of the secured creditors and the general unsecured creditors, and satisfactory evidence is submitted, the court shall appoint the creditors' nominee as rehabilitation receiver.

Section 31.Powers, Duties and Responsibilities of the Rehabilitation Receiver. - The rehabilitation receiver shall be deemed an officer of the court with the principal duty of preserving and maximizing the value of the assets of the debtor during the rehabilitation proceedings, determining the viability of the rehabilitation of the debtor, preparing and recommending a Rehabilitation Plan to the court, and implementing the approved Rehabilitation Plan, To this end, and without limiting the generality of the foregoing, the rehabilitation receiver shall have the following powers, duties and responsibilities:

(a)To verify the accuracy of the factual allegations in the petition and its annexes;

(b)To verify and correct, if necessary, the inventory of all of the assets of the debtor, and their valuation;

(c)To verify and correct, if necessary, the schedule of debts and liabilities of the debtor;

(d)To evaluate the validity, genuineness and true amount of all the claims against the debtor;

(e)To take possession, custody and control, and to preserve the value of all the property of the debtor;

(f)To sue and recover, with the approval of the court, all amounts owed to, and all properties pertaining to the debtor;

(g)To have access to all information necessary, proper or relevant to the operations and business of the debtor and for its rehabilitation;

(h) To sue and recover, with the. approval of the court, all property or money of the debtor paid, transferred or disbursed in fraud of the debtor or its creditors, or which constitute undue preference of creditor/s;

(i) To monitor the operations and the business of the debtor to ensure that no payments or transfers of property are made other than in the ordinary course of business;

(j) With the court's approval, to engage the services of or to employ persons or entities to assist him in the discharge of his functions;

(k) To determine the manner by which the debtor may be best rehabilitated, to review) revise and/or recommend action on the Rehabilitation Plan and submit the same or a new one to the court for approval;

(1) To implement the Rehabilitation Plan as approved by the court, if 80 provided under the Rehabilitation Plan;

(m) To assume and exercise the powers of management of the debtor, if directed by the court pursuant to Section 36 hereof;

(n) To exercise such other powers as may, from time to time, be conferred upon him by the court; and

To submit a status report on the rehabilitation proceedings every quarter or as may be required by the court motu proprio. or upon motion of any creditor. or as may be provided, in the Rehabilitation Plan.

Unless appointed by the court, pursuant to Section 36 hereof, the rehabilitation receiver shall not take over the management and control of the debtor but may recommend the appointment of a management committee over the debtor in the cases provided by this Act.

Section 32.Removal of the Rehabilitation Receiver. – The rehabilitation receiver may be removed at any time by the court either motu proprio or upon motion by any creditor/s holding more than fifty percent (50%) of the total obligations of the debtor, on such grounds as the rules of procedure may provide which shall include, but are not limited to, the following:

(a) Incompetence, gross negligence, failure to perform or failure to exercise the proper degree of care in the performance of his duties and powers;

(b) Lack of a particular or specialized competency required by the specific case;

(d) Lack of qualification or presence of any disqualification;

(e) Conflict of interest that arises after his appointment; and

(f) Manifest lack of independence that is detrimental to the general body of the stakeholders.

Section 33.Compensation and Terms of Service. The rehabilitation receiver and his direct employees or independent contractors shall be entitled to compensation for reasonable fees and expenses from the debtor according to the terms approved by the court after notice and hearing. Prior to such hearing, the rehabilitation receiver and his direct employees shall be entitled to reasonable compensation based on quantum meruit. Such costs shall be considered administrative expenses.

Section 34.Oath and Bond of the Rehabilitation Receiver. Prior to entering upon his powers, duties and responsibilities, the rehabilitation receiver shall take an oath and file a bond, in such amount to be fixed by the court, conditioned upon the faithful and proper discharge of his powers, duties and responsibilities.

Section 35.Vacancy. - Incase the position of rehabilitation receiver is vacated for any reason whatsoever. the court shall direct the debtor and the creditors to submit the name/s of their nominee/s to the position. The court may appoint any of the qualified nominees. or any other person qualified for the position.

Section 36.Displacement of Existing Management by the Rehabilitation Receiver or Management Committee. – Upon motion of any interested party, the court may appoint and direct the rehabilitation receiver to assume the powers of management of the debtor, or appoint a management committee that will undertake the management of the debtor. upon clear and convincing evidence of any of the following circumstances:

(a) Actual or imminent danger of dissipation, loss, wastage or destruction of the debtor’s assets or other properties;

(b) Paralyzation of the business operations of the debtor; or

(c) Gross mismanagement of the debtor. or fraud or other wrongful conduct on the part of, or gross or willful violation of this Act by. existing management of the debtor Or the owner, partner, director, officer or representative/s in management of the debtor.

In case the court appoints the rehabilitation receiver to assume the powers of management of the debtor. the court may:

(1) require the rehabilitation receiver to post an additional bond;

(2) authorize him to engage the services or to employ persona or entities to assist him in the discharge of his managerial functions; and

(3) authorize a commensurate increase in his compensation.

Section 37.Role of the Management Committee. – When appointed pursuant to the foregoing section, the management committee shall take the place of the management and the governing body of the debtor and assume their rights and responsibilities.

The specific powers and duties of the management committee, whose members shall be considered as officers of the court, shall be prescribed by the procedural rules.

Section 38.Qualifications of Members of the Management Committee. - The qualifications and disqualification’s of the members of the management committee shall be set forth in the procedural rules, taking into consideration the nature of the business of the debtor and the need to protect the interest of all stakeholders concerned.

Section 39.Employment of Professionals. - Upon approval of the court, and after notice and hearing, the rehabilitation receiver or the management committee may employ specialized professionals and other experts to assist each in the performance of their duties. Such professionals and other experts shall be considered either employees or independent contractors of the rehabilitation receiver or the management committee, as the case may be. The qualifications and disqualification’s of the professionals and experts may be set forth in procedural rules, taking into consideration the nature of the business of the debtor and the need to protect the interest of all stakeholders concerned.

Section 40.Conflict of Interest. - No person may be appointed as a rehabilitation receiver, member of a_ management committee, or be employed by the rehabilitation receiver or the management committee if he has a conflict of interest.

An individual shall be deemed to have a conflict of interest if he is so situated as to be materially influenced in the exercise of his judgment for or against any party to the proceedings. Without limiting the generality of the foregoing, an individual shall be deemed to have a conflict of interest if:

(a) he is a creditor, owner, partner or stockholder of the debtor;

(b) he is engaged in a line of business which competes with that of the debtor;

(c) he is, or was, within five (5) years from the filing of the petition, a director, officer, owner, partner or employee of the debtor or any of the creditors, or the auditor or accountant of the debtor;

(d) he is, or was, within two (2) years from the filing of the petition, an underwriter of the outstanding securities of the debtor;

(e) he is related by consanguinity or affinity within the fourth civil degree to any individual creditor, owners of a sale proprietorship-debtor, partners of a partnership- debtor or to any stockholder, director, officer, employee or underwriter of a corporation-debtor; or

(f) he has any other direct or indirect material interest in the debtor or any of the creditors.

Any rehabilitation receiver, member of the management committee or persons employed or contracted by them possessing any conflict of interest shall make the appropriate disclosure either to the court or to the creditors in case of out-of-court rehabilitation proceedings. Any party to the proceeding adversely affected by the appointment of any person with a conflict of interest to any of the positions enumerated above may however waive his right to object to such appointment and, if the waiver is unreasonably withheld, the court may disregard the conflict of interest, taking into account the general interest of the stakeholders.

Section 41.Immunity. - The rehabilitation receiver and all persons employed by him, and the members of the management committee and all persons employed by it, shall not be subject to any action. claim or demand in connection with any act done or omitted to be done by them in good faith in connection with the exercise of their powers and functions under this Act or other actions duly approved by the court.1awp++il

Section 42.Creditors' Committee. - After the creditors' meeting called pursuant to Section 63 hereof, the creditors belonging to a class may formally organize a committee among

themselves. In addition, the creditors may, as a body, agree to form a creditors' committee composed of a representative from each class of creditors, such as the following:

(a) Secured creditors;

(b) Unsecured creditors;

(d) Employees of the debtor.

In the . election of the creditors' representatives, the rehabilitation receiver or his representative shall attend such meeting and extend the appropriate assistance as may be defined in the procedural rules.

Section 43.Role of Creditors' Committee. - The creditors' committee when constituted pursuant to Section 42 of this Act shall assist the rehabilitation receiver in communicating with the creditors and shall be the primary liaison between the rehabilitation receiver and the creditors. The creditors' committee cannot exercise or waive any right or give any consent on behalf of any creditor unless specifically authorized in writing by such creditor. The creditors' committee may be authorized by the court or by the rehabilitation receiver to perform such other tasks and functions as may be defined by the procedural rules in order to facilitate the rehabilitation process.

(D) Determination of Claims.

Section 44.Registry of Claims. - Within twenty (20) days from his assumption into office, the rehabilitation receiver shall establish a preliminary registry of claims. The rehabilitation receiver shall make the registry available for public inspection and provide

publication notice to the debtor, creditors and stakeholders on where and when they may inspect it. All claims included in the registry of claims must be duly supported by sufficient evidence.

Section 45.Opposition or Challenge of Claims. – Within thirty (30) days from the expiration of the period stated in the immediately preceding section, the debtor, creditors, stakeholders and other interested parties may submit a challenge to claim/s to the court, serving a certified copy on the rehabilitation receiver and the creditor holding the challenged claim/so Upon the expiration of the thirty (30)-day period, the rehabilitation receiver shall submit to the court the registry of claims which shall include undisputed claims that have not been subject to challenge.

Section 46.Appeal. - Any decision of the rehabilitation receiver regarding a claim may be appealed to the court.

(E) Governance.

Section 47.Management. - Unless otherwise provided herein, the management of the juridical debtor shall remain with the existing management subject to the applicable law/s and agreement/s, if any, on the election or appointment of directors, managers Or managing partner. However, all disbursements, payments or sale, disposal, assignment, transfer or encumbrance of property , or any other act affecting title or interest in property, shall be subject to the approval of the rehabilitation receiver and/or the court, as provided in the following subchapter.

(F) Use, Preservation and Disposal of Assets and Treatment of Assets and Claims after Commencement Date.

Section 48.Use or Disposition of Assets. - Except as otherwise provided herein, no funds or property of the debtor shall he used or disposed of except in the ordinary course of business of the debtor, or unless necessary to finance the administrative expenses of the rehabilitation proceedings.

Section 49.Sale of Assets. - The court, upon application of the rehabilitation receiver, may authorize the sale of unencumbered property of the debtor outside the ordinary course of business upon a showing that the property, by its nature or because of other circumstance, is perishable, costly to maintain, susceptible to devaluation or otherwise injeopardy.

Section 50.Sale or Disposal of Encumbered Property of the Debtor and Assets of Third Parties Held by Debtor. The court may authorize the sale, transfer, conveyance or disposal of encumbered property of the debtor, or property of others held by the debtor where there is a security interest pertaining to third parties under a financial, credit or other similar transactions if, upon application of the rehabilitation receiver and with the consent of the affected owners of the property, or secured creditor/s in the case of encumbered property of the debtor and, after notice and hearing, the court determines that:

(a) such sale, transfer, conveyance or disposal is necessary for the continued operation of the debtor's business; and

(b) the debtor has made arrangements to provide a substitute lien or ownership right that provides an equal level of security for the counter-party's claim or right.

Provided, That properties held by the debtor where the debtor has authority to sell such as trust receipt or consignment arrangements may be sold or disposed of by the .debtor, if such sale or disposal is necessary for the operation of the debtor's business, and the debtor has made arrangements to provide a substitute lien or ownership right that provides an equal level of security for the counter-party's claim or right.

Sale or disposal of property under this section shall not give rise to any criminal liability under applicable laws.

Section 51.Assets of Debtor Held by Third Parties. – In the case of possessory pledges, mechanic's liens or similar claims, third parties who have in their possession or control property of the debtor shall not transfer, conveyor otherwise dispose of the same to persons other than the debtor, unless upon prior approval of the rehabilitation receiver. The rehabilitation receiver may also:

(a) demand the surrender or the transfer of the possession or control of such property to the rehabilitation receiver or any other person, subject to payment of the claims secured by any possessory Iien/s thereon;

(b) allow said third parties to retain possession or control, if such an arrangement would more likely preserve or increase the value of the property in question or the total value of the assets of the debtor; or

(c) undertake any otI1er disposition of the said property as may be beneficial for the rehabilitation of the debtor, after notice and hearing, and approval of the court.

Section 52.Rescission or Nullity of Sale, Payment, Transfer or Conveyance of Assets. - The court may rescind or declare as null and void any sale, payment, transfer or conveyance of the debtor's unencumbered property or any encumbering thereof by the debtor or its agents or representatives after the commencement date which are not in the ordinary course of the business of the debtor: Provided, however, That the unencumbered property may be sold, encumbered or otherwise disposed of upon order of the court after notice and hearing:

(a) if such are in the interest of administering the debtor and facilitating the preparation and implementation of a Rehabilitation Plan;

(b) in order to provide a substitute lien, mortgage or pledge of property under this Act;

(d) for payments to victims of quasi delicts upon a showing that the claim is valid and the debtor has insurance to reimburse the debtor for the payments made;

(e) for payments made to repurchase property of the debtor that is auctioned off in a judicial or extrajudicial sale under. This Act; or

(f) for payments made to reclaim property of the debtor held pursuant to a possessory lien.

Section 53.Assets Subject to Rapid Obsolescence, Depreciation and Diminution of Value. - Upon the application of a secured creditor holding a lien against or holder of an ownership interest in property held by the debtor that is subject to potentially rapid obsolescence, depreciation or diminution in value, the court shall, after notice and hearing, order the debtor or rehabilitation receiver to take reasonable steps necessary to prevent the depreciation. If depreciation cannot be avoided and such depreciation is jeopardizing the security or property interest of the secured creditor or owner, the court shall:

(a) allow the encumbered property to be foreclosed upon by the secured creditor according to the relevant agreement between the debtor and the secured creditor, applicable rules of procedure and relevant legislation: Provided. That the proceeds of the sale will be distributed in accordance with the order prescribed under the rules of concurrence and preference of credits; or

(b) upon motion of, or with the consent of the affected secured creditor or interest owner. order the conveyance of a lien against or ownership interest in substitute property of the debtor to the secured creditor: Provided. That other creditors holding liens on such property, if any, do not object thereto, or, if such property is not available;

(c) order the conveyance to the secured creditor or holder . of an ownership interest of a lien on the residual funds from the sale of encumbered property during the proceedings; or

(d) allow the sale or disposition of the property: Provided. That the sale or disposition will maximize the value of the property for the benefit of the secured creditor and the debtor, and the proceeds of the sale will be distributed in accordance with the order prescribed under the rules of concurrence and preference of credits.

Section 54.Post-commencement Interest. - The rate and term of interest, if any, on secured and unsecured claims shall be determined and provided for in the approved Rehabilitation Plan.

Section 55.Post-commencement Loans and Obligations. - With the approval of the court upon the recommendation of the rehabilitation receiver, the debtor, in order to enhance its

rehabilitation. may:

(a) enter into credit arrangements; or

(b) enter into credit arrangements, secured by mortgages of its unencumbered property or secondary mortgages of encumbered property with the approval of senior secured parties with regard to the encumbered property; or

The payment of the foregoing obligations shall be considered administrative expenses under this Act.

Section 56.Treatment of Employees, Claims. Compensation of employees required to carry on the business shall be considered an administrative expense. Claims of separation pay for months worked prior to the commencement date shall be considered a pre- ommencement claim. Claims for salary and separation pay for work performed after the commencement date shall be an administrative expense.

Section 57.Treatment of Contracts. - Unless cancelled by virtue of a final judgment of a court of competent jurisdiction issued prior to the issuance of the Commencement Order, or at anytime thereafter by the court before which the rehabilitation proceedings are pending, all valid and subbsisting contracts of the debtor with creditors and other third parties as at the commencement date shall continue in force: Provided, That within ninety (90) days following the commencement of proceedings, the debtor, with the consent of the rehabilitation receiver, shall notify each contractual counter-party of whether it is confirming the particular contract. Contractual obligations of the debtor arising or performed during this period, and afterwards for confirmed contracts, shall be considered administrative expenses. Contracts not confirmed within the required deadline shall be considered terminated. Claims for actual damages, if any, arising as a result of the election to terminate a contract shall be considered a pre-commencement claim against the debtor. Nothing contained herein shall prevent the cancellation or termination of any contract of the debtor for any ground provided by law.

(G) Avoidance Proceedings.

Section 58.Rescission or Nullity of Certain Pre-commencement Transactions. Any transaction occurring prior to commencement date entered into by the debtor or involving its funds or assets may be rescinded or declared null and void on the ground that the same was executed with intent to defraud a creditor or creditors or which constitute undue preference of creditors. Without limiting the generality of the foregoing, a disputable presumption of such design shall arise if the transaction:

(a) provides unreasonably inadequate consideration to the debtor and is executed within ninety (90) days prior to the commencement date;

(b) involves an accelerated payment of a claim to a creditor within ninety (90) days prior to the commencement date;

(d) involves creditors, where a creditor obtained, or received the benefit of, more than its pro rata share in the assets of the debtor, executed at a time when the debtor was insolvent; or

(e) is intended to defeat, delay or hinder the ability of the creditors to collect claims where the effect of the transaction is to put assets of the debtor beyond the reach of creditors or to otherwise prejudice the interests of creditors.

Provided, however, That nothing in this section shall prevent the court from rescinding or declaring as null and void a transaction on other grounds provided by relevant legislation and jurisprudence: Provided, further, That the provisions of the Civil Code on rescission shall in any case apply to these transactions.

Section 59.Actions for Rescission or Nullity. - (a) The rehabilitation receiver or, with his conformity, any creditor may initiate and prosecute any action to rescind, or declare null and void any transaction described in Section 58 hereof. If the rehabilitation receiver does not consent to the filing or prosecution of such action,

(b) If leave of court is granted under subsection (a), the rehabilitation receiver shall assign and transfer to the creditor all rights, title and interest in the chose in action or subject matter of the proceeding, including any document in support thereof.

(c) Any benefit derived from a proceeding taken pursuant to subsection (a), to the extent of his claim and the costs, belongs exclusively to the creditor instituting the proceeding, and the surplus, if any, belongs to the estate.

(d) Where, before an order is made under subsection (a), the rehabilitation receiver (or liquidator) signifies to the court his readiness to institute the proceeding for the benefit of the creditors, the order shall fix the time within which he shall do so and, m that case, the benefit derived from the proceeding, if instituted within the time limits so fixed, belongs to the estate.

(H) Treatment of Secured Creditors.

Section 60.No Diminution of Secured Creditor Rights. The issuance of the Commencement Order and the Suspension or Stay Order, and any other provision of this Act, shall not be

deemed in any way to diminish or impair the security or lien of a secured creditor, or the value of his lien or security, except that his right to enforce said security or lien may be suspended during the term of the Stay Order.

The court, upon motion or recommendation of the rehabilitation receiver, may allow a secured creditor to enforce his security or lien, or foreclose upon property of the debtor

securing his/its claim, if the said property is not necessary for the rehabilitation of the debtor. The secured creditor and/or the other lien holders shall be admitted to the rehabilitation proceedings only for the balance of his claim, if any.

Section 61.Lack of Adequate Protection. - The court, on motion or motu proprio, may terminate, modify or set conditions for the continuance of suspension of payment, or relieve a claim from the coverage thereof, upon showing that: (a) a creditor does not have adequate protection over property securing its claim; or

(b) the value of a claim secured by a lien on property which is not necessary for rehabilitation of the debtor exceeds the fair market value of the said property.

For purposes of this section, a creditor shall be deemed to lack adequate protection if it can be shown that:

(a) the debtor fails or refuses to honor a pre-existing agreement with the creditor to keep the property insured;

(b) the debtor fails or refuses to take commercially reasonable steps to maintain the property; or

Upon showing of a lack of protection, the court shall order the debtor or the rehabilitation receiver to make arrangements to provide for the insurance or maintenance of the property; or to make payments or otherwise provide additional or replacement security such that the obligation is fully secured. If such arrangements are not feasible, the court may modify the Stay Order to allow the secured creditor lacking adequate protection to enforce its security claim against the debtor: Provided, however, That the court may deny the creditor the remedies in this paragraph if the property subject of the enforcement is required for the rehabilitation of the debtor.

(i) Administration of Proceedings.

Section 62.Contents of a Rehabilitation Plan. – The Rehabilitation Plan shall, as a minimum:

(a) specify the underlying assumptions, the financial goals and the procedures proposed to accomplish such goals;

(b) compare the amounts expected to be received by the creditors under the Rehabilitation Plan with those that they will receive if liquidation ensues within the next one hundred twenty (120) days;

(c) contain information sufficient to give the various classes of creditors a reasonable basis for determining whether supporting the Plan is in their financial interest when compared to the immediate liquidation of the debtor, including any reduction of principal interest and penalties payable to the creditors;

(d) establish classes of voting creditors;

(e) establish subclasses of voting creditors if prior approval has been granted by the court;

(f) indicate how the insolvent debtor will be rehabilitated including, but not limited to, debt forgiveness, debt rescheduling, reorganization or quasi-reorganization. dacion en pago, debt-equity conversion and sale of the business (or parts of it) as a going concern, or setting-up of a new business entity or other similar arrangements as may be necessary to restore the financial well-being and visibility of the insolvent debtor;

(g) specify the treatment of each class or subclass described in subsections (d) and (e);

(h) provide for equal treatment of all claims within the same class or subclass, unless a particular creditor voluntarily agrees to less favorable treatment;

(i) ensure that the payments made under the plan follow the priority established under the provisions of the Civil Code on concurrence and preference of credits and other applicable laws;

(j) maintain the security interest of secured creditors and preserve the liquidation value of the security unless such has been waived or modified voluntarily;

(k) disclose all payments to creditors for pre-commencement debts made during the proceedings and the justifications thereof;

(1) describe the disputed claims and the provisioning of funds to account for appropriate payments should the claim be ruled valid or its amount adjusted;

(m) identify the debtor's role in the implementation of the Plan;

(n) state any rehabilitation covenants of the debtor, the breach of which shall be considered a material breach of the Plan;

(o) identify those responsible for the future management of the debtor and the supervision and implementation of the Plan, their affiliation with the debtor and their remuneration;

(p) address the treatment of claims arising after the confirmation of the Rehabilitation Plan;

(q) require the debtor and its counter-parties to adhere to the terms of all contracts that the debtor has chosen to confirm;

(r) arrange for the payment of all outstanding administrative expenses as a condition to the Plan's approval unless such condition has been waived in writing by the creditors concerned;

(s) arrange for the payment" of all outstanding taxes and assessments, or an adjusted amount pursuant to a compromise settlement with the BlR Or other applicable tax authorities;

(t) include a certified copy of a certificate of tax clearance or evidence of a compromise settlement with the BIR;

(u) include a valid and binding r(,solution of a meeting of the debtor's stockholders to increase the shares by the required amount in cases where the Plan contemplates an additional issuance of shares by the debtor;

(v) state the compensation and status, if any, of the rehabilitation receiver after the approval of the Plan; and

(w) contain provisions for conciliation and/or mediation as a prerequisite to court assistance or intervention in the event of any disagreement in the interpretation or implementation of the Rehabilitation Plan.

Section 63.Consultation with Debtor and Creditors. – if the court gives due course to the petition, the rehabilitation receiver shall confer with the debtor and all the classes of creditors, and may consider their views and proposals ill the review, revision or preparation of a new Rehabilitation Plan.

Section 64.Creditor Approval of Rehabilitation Plan. – The rehabilitation receiver shall notify the creditors and stakeholders that the Plan is ready for their examination. Within twenty (2Q) days from the said notification, the rehabilitation receiver shall convene the creditors, either as a whole or per class, for purposes of voting on the approval of the Plan. The Plan shall be deemed rejected unless approved by all classes of creditors w hose rights are adversely modified or affected by the Plan. For purposes of this section, the Plan is deemed to have been approved by a class of creditors if members of the said class holding more than fifty percent (50%) of the total claims of the said class vote in favor of the Plan. The votes of the creditors shall be based solely on the amount of their respective claims based on the registry of claims submitted by the rehabilitation receiver pursuant to Section 44 hereof.

Notwithstanding the rejection of the Rehabilitation Plan, the court may confirm the Rehabilitation Plan if all of the following circumstances are present:

(a)The Rehabilitation Plan complies with the requirements specified in this Act.

(b) The rehabilitation receiver recommends the confirmation of the Rehabilitation Plan;

(c) The shareholders, owners or partners of the juridical debtor lose at least their controlling interest as a result of the Rehabilitation Plan; and

(d) The Rehabilitation Plan would likely provide the objecting class of creditors with compensation which has a net present value greater than that which they would have received if the debtor were under liquidation.

Section 65.Submission of Rehabilitation Plan to the Court. - 1fthe Rehabilitation Plan is approved, the rehabilitation receiver shall submit the same to the court for confirmation. Within five (5) days from receipt of the Rehabilitation Plan, the court shall notify the creditors that the Rehabilitation Plan has been submitted for confirmation, that any creditor may obtain copies of the Rehabilitation Plan and that any creditor may file an objection thereto.

Section 66.Filing of Objections to Rehabilitation Plan. – A creditor may file an objection to the Rehabilitation Plan within twenty (20) days from receipt of notice from the court that the Rehabilitation Plan has been submitted for confirmation. Objections to a Rehabilitation Plan shall be limited to the following:

(a) The creditors' support was induced by fraud;

(b)The documents or data relied upon in the Rehabilitation Plan are materially false or misleading; or

(c)The Rehabilitation Plan is in fact not supported by the voting creditors.

Section 67.Hearing on the Objections. - If objections have been submitted during the relevant period, the court shall issue an order setting the time and date for the hearing or hearings on the objections.

If the court finds merit in the objection, it shall order the rehabilitation receiver or other party to cure the defect, whenever feasible. If the court determines that the debtor acted in bad faith, or that it is not feasible to cure the defect, the court shall convert the proceedings into one for the liquidation of the debtor under Chapter V of this Act.

Section 68.Confirmation of the Rehabilitation Plan. – If no objections are filed within the relevant period or, if objections are filed, the court finds them lacking in merit, or determines that the basis for the objection has been cured, or determines that the debtor has complied with an order to cure the objection, the court shall issue an order confirming the Rehabilitation Plan.

The court may confirm the Rehabilitation Plan notwithstanding unresolved disputes over claims if the Rehabilitation Plan has made adequate provisions for paying such claims.

For the avoidance of doubt, the provisions of other laws to the contrary notwithstanding, the court shall have the power to approve or implement the Rehabilitation Plan despite the lack of approval, or objection from the owners, partners or stockholders of the insolvent debtor: Provided, That the terms thereof are necessary to restore the financial well-being and viability of the insolvent debtor.

Section 69.Effect of Confirmation of the Rehabilitation Plan, - The confirmation of the Rehabilitation Plan by the court shall result in the following:

(a) The Rehabilitation Plan and its provisions shall be binding upon the debtor and all persons who may be affected by . it, including the creditors, whether or not such persons have participated in the proceedings or opposed the Rehabilitation Plan or whether or not their claims have been scheduled;

(b) The debtor shall comply with the provisions of the Rehabilitation Plan and shall take all actions necessary to carry out the Plan;

(d) Contracts and other arrangements between the debtor and its creditors shall be interpreted as continuing to apply to the extent that they do not conflict with the provisions of the Rehabilitation Plan;

(e) Any compromises on amounts or rescheduling of timing of payments by the debtor shall be binding on creditors regardless of whether or not the Plan is successfully implement; and

(f) Claims arising after approval of the Plan that are otherwise not treated by the Plan are not subject to any Suspension Order.

The Order confirming the Plan shall comply with Rules 36 of the Rules of Court: Provided, however, That the court may maintain jurisdiction over the case in order to resolve claims against the debtor that remain contested and allegations that the debtor has breached the Plan.

Section 70. Liability of General Partners of a Partnership for Unpaid Balances Under an Approved Plan. - The approval of the Plan shall not affect the rights of creditors to pursue actions against the general partners of a partnership to the extent they are liable under relevant legislation for the debts thereof.

Section 71. Treatment of Amounts of Indebtedness or Obligations Forgiven or Reduced. - Amounts of any indebtedness or obligations reduced or forgiven in connection with a Plan's approval shall not be subject to any tax in furtherance of the purposes of this Act.

Section 72. Period for Confirmation of the Rehabilitation Plan. - The court shall have a maximum period of one (1) year from the date of the filing of the petition to confirm a Rehabilitation Plan.

If no Rehabilitation Plan is confirmed within the said period, the proceedings may upon motion or motu propio, be converted into one for the liquidation of the debtor .

Section 73. Accounting Discharge of Rehabilitation Receiver. - Upon the confirmation of the Rehabilitation Plan, the rehabilitation receiver shall provide a final report and accounting to the court. Unless the Rehabilitation Plan specifically requires and describes the role of the rehabilitation receiver after the approval of the Rehabilitation Plan, the court shall discharge the rehabilitation receiver of his duties.

(j) Termination of Proceedings

Section 74. Termination of Proceedings. - The rehabilitation proceedings under Chapter II shall, upon motion by any stakeholder or the rehabilitation receiver be terminated by order of the court either declaring a successful implementation of the Rehabilitation Plan or a failure of rehabilitation.

There is failure of rehabilitation in the following cases:

(a) Dismissal of the petition by the court;

(b) The debtor fails to submit a Rehabilitation Plan;

(c) Under the Rehabilitation Plan submitted by the debtor, there is no substantial likelihood that the debtor can be rehabilitated within a reasonable period;

(d) The Rehabilitation Plan or its amendment is approved by the court but in the implementation thereof, the debtor fails to perform its obligations thereunder or there is a failure to realize the objectives, targets or goals set forth therein, including the timelines and conditions for the settlement of the obligations due to the creditors and other claimants;

(e) The commission of fraud in securing the approval of the Rehabilitation Plan or its amendment; and

(f) Other analogous circumstances as may be defined by the rules of procedure.

Upon a breach of, or upon a failure of the Rehabilitation Plan the court, upon motion by an affected party may:

(1) Issue an order directing that the breach be cured within a specified period of time, falling which the proceedings may be converted to a liquidation;

(2) Issue an order converting the proceedings to a liquidation;

(3) Allow the debtor or rehabilitation receiver to submit amendments to the Rehabilitation Plan, the approval of which shall be governed by the same requirements for the approval of a Rehabilitation Plan under this subchapter;

(4) Issue any other order to remedy the breach consistent with the present regulation, other applicable law and the best interests of the creditors; or

(5) Enforce the applicable provisions of the Rehabilitation Plan through a writ of execution.

Section 75. Effects of Termination. - Termination of the proceedings shall result in the following:

(a) The discharge of the rehabilitation receiver subject to his submission of a final accounting; and

(b) The lifting of the Stay Order and any other court order holding in abeyance any action for the enforcement of a claim against the debtor.

Provided, however, That if the termination of proceedings is due to failure of rehabilitation or dismissal of the petition for reasons other than technical grounds, the proceedings shall be immediately converted to liquidation as provided in Section 92 of this Act.

CHAPTER III
PRE-NEGOTIATED REHABILITATION

Section 76. Petition by Debtor. - An insolvent debtor, by itself or jointly with any of its creditors, may file a verified petition with the court for the approval of a pre-negotiated Rehabilitation Plan which has been endorsed or approved by creditors holding at least two-thirds (2/3) of the total liabilities of the debtor, including secured creditors holding more than fifty percent (50%) of the total secured claims of the debtor and unsecured creditors holding more than fifty percent (50%) of the total unsecured claims of the debtor. The petition shall include as a minimum:

(a) a schedule of the debtor's debts and liabilities;

(b) an inventory of the debtor's assets;

(c) the pre-negotiated Rehabilitation Plan, including the names of at least three (3) qualified nominees for rehabilitation receiver; and

(d) a summary of disputed claims against the debtor and a report on the provisioning of funds to account for appropriate payments should any such claims be ruled valid or their amounts adjusted.

Section 77. Issuance of Order. - Within five (5) working days, and after determination that the petition is sufficient in form and substance, the court shall issue an Order which shall;

(a) identify the debtor, its principal business of activity/ies and its principal place of business;

(b) declare that the debtor is under rehabilitation;

(d) direct the publication of the Order in a newspaper of general circulation in the Philippines once a week for at least two (2) consecutive weeks, with the first publication to be made within seven (7) days from the time of its issuance;

(e) direct the service by personal delivery of a copy of the petition on each creditor who is not a petitioner holding at least ten percent (10%) of the total liabilities of the debtor, as determined in the schedule attached to the petition, within three (3) days;

(f) state that copies of the petition and the Rehabilitation Plan are available for examination and copying by any interested party;

(g) state that creditors and other interested parties opposing the petition or Rehabilitation Plan may file their objections or comments thereto within a period of not later than twenty (20) days from the second publication of the Order;

(h) appoint a rehabilitation receiver, if provided for in the Plan; and

(i) include a Suspension or Stay Order as described in this Act.

Section 78. Approval of the Plan. - Within ten (10) days from the date of the second publication of the Order, the court shall approve the Rehabilitation Plan unless a creditor or other interested party submits an objection to it in accordance with the next succeeding section.

Section 79. Objection to the Petition or Rehabilitation Plan. - Any creditor or other interested party may submit to the court a verified objection to the petition or the Rehabilitation Plan not later than eight (8) days from the date of the second publication of the Order mentioned in Section 77 hereof. The objections shall be limited to the following:

(a) The allegations in the petition or the Rehabilitation Plan or the attachments thereto are materially false or misleading;

(b) The majority of any class of creditors do not in fact support the Rehabilitation Plan;

(c) The Rehabilitation Plan fails to accurately account for a claim against the debtor and the claim in not categorically declared as a contested claim; or

(d) The support of the creditors, or any of them was induced by fraud.

Copies of any objection to the petition of the Rehabilitation Plan shall be served on the debtor, the rehabilitation receiver (if applicable), the secured creditor with the largest claim and who supports the Rehabilitation Plan, and the unsecured creditor with the largest claim and who supports the Rehabilitation Plan.

Section 80. Hearing on the Objections. - After receipt of an objection, the court shall set the same for hearing. The date of the hearing shall be no earlier than twenty (20) days and no later than thirty (30) days from the date of the second publication of the Order mentioned in Section 77 hereof. If the court finds merit in the objection, it shall direct the debtor, when feasible to cure the detect within a reasonable period. If the court determines that the debtor or creditors supporting the Rehabilitation Plan acted in bad faith, or that the objection is non-curable, the court may order the conversion of the proceedings into liquidation. A finding by the court that the objection has no substantial merit, or that the same has been cured shall be deemed an approval of the Rehabilitation Plan.

Section 81. Period for Approval of Rehabilitation Plan. - The court shall have a maximum period of one hundred twenty (120) days from the date of the filing of the petition to approve the Rehabilitation Plan. If the court fails to act within the said period, the Rehabilitation Plan shall be deemed approved.

Section 82. Effect of Approval. - Approval of a Plan under this chapter shall have the same legal effect as confirmation of a Plan under Chapter II of this Act.

CHAPTER IV
OUT-OF-COURT OR INFORMAL RESTRUCTURING AGREEMENTS OR REHABILITATION PLANS

Section 83. Out-of-Court or Informal Restructuring Agreements and Rehabilitation Plans. - An out-of-curt or informal restructuring agreement or Rehabilitation Plan that meets the minimum requirements prescribed in this chapter is hereby recognized as consistent with the objectives of this Act.

Section 84. Minimum Requirements of Out-of-Court or Informal Restructuring Agreements and Rehabilitation Plans. - For an out-of-court or informal restructuring/workout agreement or Rehabilitation Plan to qualify under this chapter, it must meet the following minimum requirements:

(a) The debtor must agree to the out-of-court or informal restructuring/workout agreement or Rehabilitation Plan;

(b) It must be approved by creditors representing at least sixty-seven (67%) of the secured obligations of the debtor;

(c) It must be approved by creditors representing at least seventy-five percent (75%) of the unsecured obligations of the debtor; and

(d) It must be approved by creditors holding at least eighty-five percent (85%) of the total liabilities, secured and unsecured, of the debtor.

Section 85. Standstill Period. - A standstill period that may be agreed upon by the parties pending negotiation and finalization of the out-of-court or informal restructuring/workout agreement or Rehabilitation Plan contemplated herein shall be effective and enforceable not only against the contracting parties but also against the other creditors: Provided, That (a) such agreement is approved by creditors representing more than fifty percent (50%) of the total liabilities of the debtor; (b) notice thereof is publishing in a newspaper of general circulation in the Philippines once a week for two (2) consecutive weeks; and (c) the standstill period does not exceed one hundred twenty (120) days from the date of effectivity. The notice must invite creditors to participate in the negotiation for out-of-court rehabilitation or restructuring agreement and notify them that said agreement will be binding on all creditors if the required majority votes prescribed in Section 84 of this Act are met.

Section 86. Cram Down Effect. - A restructuring/workout agreement or Rehabilitation Plan that is approved pursuant to an informal workout framework referred to in this chapter shall have the same legal effect as confirmation of a Plan under Section 69 hereof. The notice of the Rehabilitation Plan or restructuring agreement or Plan shall be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation in the Philippines. The Rehabilitation Plan or restructuring agreement shall take effect upon the lapse of fifteen (15) days from the date of the last publication of the notice thereof.

Section 87. Amendment or Modification. - Any amendment of an out-of-court restructuring/workout agreement or Rehabilitation Plan must be made in accordance with the terms of the agreement and with due notice on all creditors.

Section 88. Effect of Court Action or Other Proceedings. - Any court action or other proceedings arising from, or relating to, the out-of-court or informal restructuring/workout agreement or Rehabilitation Plan shall not stay its implementation, unless the relevant party is able to secure a temporary restraining order or injunctive relief from the Court of Appeals.

Section 89. Court Assistance. - The insolvent debtor and/or creditor may seek court assistance for the execution or implementation of a Rehabilitation Plan under this Chapter, under such rules of procedure as may be promulgated by the Supreme Court.

CHAPTER V
LIQUIDATION OF INSOLVENT JURIDICAL DEBTORS

Section 90. Voluntary Liquidation. - An insolvent debtor may apply for liquidation by filing a petition for liquidation with the court. The petition shall be verified, shall establish the insolvency of the debtor and shall contain, whether as an attachment or as part of the body of the petition;

(a) a schedule of the debtor's debts and liabilities including a list of creditors with their addresses, amounts of claims and collaterals, or securities, if any;

(b) an inventory of all its assets including receivables and claims against third parties; and

At any time during the pendency of court-supervised or pre-negotiated rehabilitation proceedings, the debtor may also initiate liquidation proceedings by filing a motion in the same court where the rehabilitation proceedings are pending to convert the rehabilitation proceedings into liquidation proceedings. The motion shall be verified, shall contain or set forth the same matters required in the preceding paragraph, and state that the debtor is seeking immediate dissolution and termination of its corporate existence.

If the petition or the motion, as the case may be, is sufficient in form and substance, the court shall issue a Liquidation Order mentioned in Section 112 hereof.

Section 91. Involuntary Liquidation. - Three (3) or more creditors the aggregate of whose claims is at least either One million pesos (Php1,000,000,00) or at least twenty-five percent (25%0 of the subscribed capital stock or partner's contributions of the debtor, whichever is higher, may apply for and seek the liquidation of an insolvent debtor by filing a petition for liquidation of the debtor with the court. The petition shall show that:

(a) there is no genuine issue of fact or law on the claims/s of the petitioner/s, and that the due and demandable payments thereon have not been made for at least one hundred eighty (180) days or that the debtor has failed generally to meet its liabilities as they fall due; and

(b) there is no substantial likelihood that the debtor may be rehabilitated.

At any time during the pendency of or after a rehabilitation court-supervised or pre-negotiated rehabilitation proceedings, three (3) or more creditors whose claims is at least either One million pesos (Php1,000,000.00) or at least twenty-five percent (25%) of the subscribed capital or partner's contributions of the debtor, whichever is higher, may also initiate liquidation proceedings by filing a motion in the same court where the rehabilitation proceedings are pending to convert the rehabilitation proceedings into liquidation proceedings. The motion shall be verified, shall contain or set forth the same matters required in the preceding paragraph, and state that the movants are seeking the immediate liquidation of the debtor.

If the petition or motion is sufficient in form and substance, the court shall issue an Order:

(1) directing the publication of the petition or motion in a newspaper of general circulation once a week for two (2) consecutive weeks; and

(2) directing the debtor and all creditors who are not the petitioners to file their comment on the petition or motion within fifteen (15) days from the date of last publication.

If, after considering the comments filed, the court determines that the petition or motion is meritorious, it shall issue the Liquidation Order mentioned in Section 112 hereof.

Section 92. Conversion by the Court into Liquidation Proceedings. - During the pendency of court-supervised or pre-negotiated rehabilitation proceedings, the court may order the conversion of rehabilitation proceedings to liquidation proceedings pursuant to (a) Section 25(c) of this Act; or (b) Section 72 of this Act; or (c) Section 75 of this Act; or (d) Section 90 of this Act; or at any other time upon the recommendation of the rehabilitation receiver that the rehabilitation of the debtor is not feasible. Thereupon, the court shall issue the Liquidation Order mentioned in Section 112 hereof.

Section 93. Powers of the Securities and Exchange Commission (SEC). - The provisions of this chapter shall not affect the regulatory powers of the SEC under Section 6 of Presidential Decree No. 902-A, as amended, with respect to any dissolution and liquidation proceeding initiated and heard before it.

CHAPTER VI
INSOLVENCY OF INDIVIDUAL DEBTORS

(A) Suspension of Payments.

Section 94. Petition. - An individual debtor who, possessing sufficient property to cover all his debts but foreseeing the impossibility of meeting them when they respectively fall due, may file a verified petition that he be declared in the state of suspension of payments by the court of the province or city in which he has resides for six (6) months prior to the filing of his petition. He shall attach to his petition, as a minimum: (a) a schedule of debts and liabilities; (b) an inventory of assess; and (c) a proposed agreement with his creditors.

Section 95. Action on the Petition. - If the court finds the petition sufficient in form and substance, it shall, within five (5) working days from the filing of the petition, issue an Order:

(a) calling a meeting of all the creditors named in the schedule of debts and liabilities at such time not less than fifteen (15) days nor more than forty (40) days from the date of such Order and designating the date, time and place of the meeting;

(b) directing such creditors to prepare and present written evidence of their claims before the scheduled creditors' meeting;

(c) directing the publication of the said order in a newspaper of general circulation published in the province or city in which the petition is filed once a week for two (2) consecutive weeks, with the first publication to be made within seven (7) days from the time of the issuance of the Order;

(d) directing the clerk of court to cause the sending of a copy of the Order by registered mail, postage prepaid, to all creditors named in the schedule of debts and liabilities;

(e) forbidding the individual debtor from selling, transferring, encumbering or disposing in any manner of his property, except those used in the ordinary operations of commerce or of industry in which the petitioning individual debtor is engaged so long as the proceedings relative to the suspension of payments are pending;

(f) prohibiting the individual debtor from making any payment outside of the necessary or legitimate expenses of his business or industry, so long as the proceedings relative to the suspension of payments are pending; and

(g) appointing a commissioner to preside over the creditors' meeting.

Section 96. Actions Suspended. - Upon motion filed by the individual debtor, the court may issue an order suspending any pending execution against the individual debtor. Provide, That properties held as security by secured creditors shall not be the subject of such suspension order. The suspension order shall lapse when three (3) months shall have passed without the proposed agreement being accepted by the creditors or as soon as such agreement is denied.

No creditor shall sue or institute proceedings to collect his claim from the debtor from the time of the filing of the petition for suspension of payments and for as long as proceedings remain pending except:

(a) those creditors having claims for personal labor, maintenance, expense of last illness and funeral of the wife or children of the debtor incurred in the sixty (60) days immediately prior to the filing of the petition; and

(b) secured creditors.

Section 97. Creditors' Meeting. - The presence of creditors holding claims amounting to at least three-fifths (3/5) of the liabilities shall be necessary for holding a meeting. The commissioner appointed by the court shall preside over the meeting and the clerk of court shall act as the secretary thereof, subject to the following rules:

(a) The clerk shall record the creditors present and amount of their respective claims;

(b) The commissioner shall examine the written evidence of the claims. If the creditors present hold at least three-fifths (3/5) of the liabilities of the individual debtor, the commissioner shall declare the meeting open for business;

(d) To form a majority, it is necessary:

(1) that two-thirds (2/3) of the creditors voting unite upon the same proposition; and

(2) that the claims represented by said majority vote amount to at least three-fifths (3/5) of the total liabilities of the debtor mentioned in the petition; and

(e) After the result of the voting has been announced, all protests made against the majority vote shall be drawn up, and the commissioner and the individual debtor together with all creditors taking part in the voting shall sign the affirmed propositions.

No creditor who incurred his credit within ninety (90) days prior to the filing of the petition shall be entitled to vote.

Section 98. Persons Who May Refrain From Voting. - Creditors who are unaffected by the Suspension Order may refrain from attending the meeting and from voting therein. Such persons shall not be bound by any agreement determined upon at such meeting, but if they should join in the voting they shall be bound in the same manner as are the other creditors.

Section 99. Rejection of the Proposed Agreement. - The proposed agreement shall be deemed rejected if the number of creditors required for holding a meeting do not attend thereat, or if the two (2) majorities mentioned in Section 97 hereof are not in favor thereof. In such instances, the proceeding shall be terminated without recourse and the parties concerned shall be at liberty to enforce the rights which may correspond to them.

Section 100. Objections. - If the proposal of the individual debtor, or any amendment thereof made during the creditors' meeting, is approved by the majority of creditors in accordance with Section 97 hereof, any creditor who attended the meeting and who dissented from and protested against the vote of the majority may file an objection with the court within ten (10) days from the date of the last creditors' meeting. The causes for which objection may be made to the decision made by the majority during the meeting shall be: (a) defects in the call for the meeting, in the holding thereof and in the deliberations had thereat which prejudice the rights of the creditors; (b) fraudulent connivance between one or more creditors and the individual debtor to vote in favor of the proposed agreement; or (c) fraudulent conveyance of claims for the purpose of obtaining a majority. The court shall hear and pass upon such objection as soon as possible and in a summary manner.

In case the decision of the majority of creditors to approve the individual debtor's proposal or any amendment thereof made during the creditors' meeting is annulled by the court, the court shall declare the proceedings terminated and the creditors shall be at liberty to exercise the rights which may correspond to them.

Section 101. Effects of Approval of Proposed Agreement. - If the decision of the majority of the creditors to approve the proposed agreement or any amendment thereof made during the creditors' meeting is uphold by the court, or when no opposition or objection to said decision has been presented, the court shall order that the agreement be carried out and all parties bound thereby to comply with its terms.

The court may also issue all orders which may be necessary or proper to enforce the agreement on motion of any affected party. The Order confirming the approval of the proposed agreement or any amendment thereof made during the creditors' meeting shall be binding upon all creditors whose claims are included in the schedule of debts and liabilities submitted by the individual debtor and who were properly summoned, but not upon: (a) those creditors having claims for personal labor, maintenance, expenses of last illness and funeral of the wife or children of the debtor incurred in the sixty (60) days immediately prior to the filing of the petition; and (b) secured creditors who failed to attend the meeting or refrained from voting therein.

Section 102. Failure of Individual Debtor to Perform Agreement. - If the individual debtor fails, wholly or in part, to perform the agreement decided upon at the meeting of the creditors, all the rights which the creditors had against the individual debtor before the agreement shall revest in them. In such case the individual debtor may be made subject to the insolvency proceedings in the manner established by this Act.

(B) Voluntary Liquidation.

Section 103. Application. - An individual debtor whose properties are not sufficient to cover his liabilities, and owing debts exceeding Five hundred thousand pesos (Php500,000.00), may apply to be discharged from his debts and liabilities by filing a verified petition with the court of the province or city in which he has resided for six (6) months prior to the filing of such petition. He shall attach to his petition a schedule of debts and liabilities and an inventory of assets. The filing of such petition shall be an act of insolvency.

Section 104. Liquidation Order. - If the court finds the petition sufficient in form and substance it shall, within five (5) working days issue the Liquidation Order mentioned in Section 112 hereof.

(C) In voluntary Liquidation.

Section 105. Petition; Acts of Insolvency. - Any creditor or group of creditors with a claim of, or with claims aggregating at least Five hundred thousand pesos (Php500, 000.00) may file a verified petition for liquidation with the court of the province or city in which the individual debtor resides.

The following shall be considered acts of insolvency, and the petition for liquidation shall set forth or allege at least one of such acts:

(a) That such person is about to depart or has departed from the Republic of the Philippines, with intent to defraud his creditors;

(b) That being absent from the Republic of the Philippines, with intent to defraud his creditors, he remains absent;

(c) That he conceals himself to avoid the service of legal process for the purpose of hindering or delaying the liquidation or of defrauding his creditors;

(d) That he conceals, or is removing, any of his property to avoid its being attached or taken on legal process;

(e) That he has suffered his property to remain under attachment or legal process for three (3) days for the purpose of hindering or delaying the liquidation or of defrauding his creditors;

(f) That he has confessed or offered to allow judgment in favor of any creditor or claimant for the purpose of hindering or delaying the liquidation or of defrauding any creditors or claimant;

(g) That he has willfully suffered judgment to be taken against him by default for the purpose of hindering or delaying the liquidation or of defrauding his creditors;

(h) That he has suffered or procured his property to be taken on legal process with intent to give a preference to one or more of his creditors and thereby hinder or delay the liquidation or defraud any one of his creditors;

(i) That he has made any assignment, gift, sale, conveyance or transfer of his estate, property, rights or credits with intent to hinder or delay the liquidation or defraud his creditors;

(j) That he has, in contemplation of insolvency, made any payment, gift, grant, sale, conveyance or transfer of his estate, property, rights or credits;

(k) That being a merchant or tradesman, he has generally defaulted in the payment of his current obligations for a period of thirty (30) days;

(l) That for a period of thirty (30) days, he has failed, after demand, to pay any moneys deposited with him or received by him in a fiduciary; and

(m) That an execution having been issued against him on final judgment for money, he shall have been found to be without sufficient property subject to execution to satisfy the judgment.

The petitioning creditor/s shall post a bond in such as the court shall direct, conditioned that if the petition for liquidation is dismissed by the court, or withdrawn by the petitioner, or if the debtor shall not be declared an insolvent the petitioners will pay to the debtor all costs, expenses, damages occasioned by the proceedings and attorney's fees.

Section 106. Order to Individual Debtor to Show Cause. - Upon the filing of such creditors' petition, the court shall issue an Order requiring the individual debtor to show cause, at a time and place to be fixed by the said court, why he should not be adjudged an insolvent. Upon good cause shown, the court may issue an Order forbidding the individual debtor from making payments of any of his debts, and transferring any property belonging to him. However, nothing contained herein shall affect or impair the rights of a secured creditor to enforce his lien in accordance with its terms.

Section 107. Default. - If the individual debtor shall default or if, after trial, the issues are found in favor of the petitioning creditors the court shall issue the Liquidation Order mentioned in Section 112 hereof.

Section 108. Absent Individual Debtor. - In all cases where the individual debtor resides out of the Republic of the Philippines; or has departed therefrom; or cannot, after due diligence, be found therein; or conceals himself to avoid service of the Order to show cause, or any other preliminary process or orders in the matter, then the petitioning creditors, upon submitting the affidavits requisite to procedure an Order of publication, and presenting a bond in double the amount of the aggregate sum of their claims against the individual debtor, shall be entitled to an Order of the court directing the sheriff of the province or city in which the matter is pending to take into his custody a sufficient amount of property of the individual debtor to satisfy the demands of the petitioning creditors and the costs of the proceedings. Upon receiving such Order of the court to take into custody of the property of the individual debtor, it shall be the duty of the sheriff to take possession of the property and effects of the individual debtor, not exempt from execution, to an extent sufficient to cover the amount provided for and to prepare within three (3) days from the time of taking such possession, a complete inventory of all the property so taken, and to return it to the court as soon as completed. The time for taking the inventory and making return thereof may be extended for good cause shown to the court. The sheriff shall also prepare a schedule of the names and residences of the creditors, and the amount due each, from the books of the debtor, or from such other papers or data of the individual debtor available as may come to his possession, and shall file such schedule or list of creditors and inventory with the clerk of court.

Section 109. All Property Taken to be Held for All Creditors; Appeal Bonds; Exemptions to Sureties. - In all cases where property is taken into custody by the sheriff, if it does not embrace all the property and effects of the debtor not exempt from execution, any other creditor or creditors of the individual debtor, upon giving bond to be approved by the court in double the amount of their claims, singly or jointly, shall be entitled to similar orders and to like action, by the sheriff; until all claims be provided for, if there be sufficient property or effects. All property taken into custody by the sheriff by virtue of the giving of any such bonds shall be held by him for the benefit of all creditors of the individual debtor whose claims shall be duly proved as provided in this Act. The bonds provided for in this section and the preceding section to procure the order for custody of the property and effects of the individual debtor shall be conditioned that if, upon final hearing of the petition in insolvency, the court shall find in favor of the petitioners, such bonds and all of them shall be void; if the decision be in favor of the individual debtor, the proceedings shall be dismissed, and the individual debtor, his heirs, administrators, executors or assigns shall be entitled to recover such sum of money as shall be sufficient to cover the damages sustained by him, not to exceed the amount of the respective bonds. Such damages shall be fixed and allowed by the court. If either the petitioners or the debtor shall appeal from the decision of the court, upon final hearing of the petition, the appellant shall be required to give bond to the successful party in a sum double the amount of the value of the property in controversy, and for the costs of the proceedings.

Any person interested in the estate may take exception to the sufficiency of the sureties on such bond or bonds. When excepted to the petitioner's sureties, upon notice to the person excepting of not less than two (2) nor more than five (5) days, must justify as to their sufficiency; and upon failure to justify, or of others in their place fail to justify at the time and place appointed the judge shall issue an Order vacating the order to take the property of the individual debtor into the custody of the sheriff, or denying the appeal, as the case may be.

Section 110. Sale Under Execution. - If, in any case, proper affidavits and bonds are presented to the court or a judge thereof, asking for and obtaining an Order of publication and an Order for the custody of the property of the individual debtor and thereafter the petitioners shall make it appear satisfactorily to the court or a judge thereof that the interest of the parties to the proceedings will be subserved by a sale thereof, the court may order such property to be sold in the same manner as property is sold under execution, the proceeds to de deposited in the court to abide by the result of the proceedings.

CHAPTER VII
PROVISIONS COMMON TO LIQUIDATION IN INSOLVENCY OF INDIVIDUAL AND JURIDICAL DEBTORS

Section 111. Use of Term Debtor. - For purposes of this chapter, the term debtor shall include both individual debtor as defined in Section 4(o) and debtor as defined in Section 4(k) of this Act.

(A) The Liquidation Order.

Section 112. Liquidation Order. - The Liquidation Order shall:

(a) declare the debtor insolvent;

(b) order the liquidation of the debtor and, in the case of a juridical debtor, declare it as dissolved;

(c) order the sheriff to take possession and control of all the property of the debtor, except those that may be exempt from execution;

(d) order the publication of the petition or motion in a newspaper of general circulation once a week for two (2) consecutive weeks;

(e) direct payments of any claims and conveyance of any property due the debtor to the liquidator;

(f) prohibit payments by the debtor and the transfer of any property by the debtor;

(g) direct all creditors to file their claims with the liquidator within the period set by the rules of procedure;

(h) authorize the payment of administrative expenses as they become due;

(i) state that the debtor and creditors who are not petitioner/s may submit the names of other nominees to the position of liquidator; and

(j) set the case for hearing for the election and appointment of the liquidator, which date shall not be less than thirty (30) days nor more than forty-five (45) days from the date of the last publication.

Section 113. Effects of the Liquidation Order. - Upon the issuance of the Liquidation Order:

(a) the juridical debtor shall be deemed dissolved and its corporate or juridical existence terminated;

(b) legal title to and control of all the assets of the debtor, except those that may be exempt from execution, shall be deemed vested in the liquidator or, pending his election or appointment, with the court;

(c) all contracts of the debtor shall be deemed terminated and/or breached, unless the liquidator, within ninety (90) days from the date of his assumption of office, declares otherwise and the contracting party agrees;

(d) no separate action for the collection of an unsecured claim shall be allowed. Such actions already pending will be transferred to the Liquidator for him to accept and settle or contest. If the liquidator contests or disputes the claim, the court shall allow, hear and resolve such contest except when the case is already on appeal. In such a case, the suit may proceed to judgment, and any final and executor judgment therein for a claim against the debtor shall be filed and allowed in court; and

(e) no foreclosure proceeding shall be allowed for a period of one hundred eighty (180) days.

Section 114. Rights of Secured Creditors. - The Liquidation Order shall not affect the right of a secured creditor to enforce his lien in accordance with the applicable contract or law. A secured creditor may:

(a) waive his right under the security or lien, prove his claim in the liquidation proceedings and share in the distribution of the assets of the debtor; or

(b) maintain his rights under the security or lien:

If the secured creditor maintains his rights under the security or lien:

(1) the value of the property may be fixed in a manner agreed upon by the creditor and the liquidator. When the value of the property is less than the claim it secures, the liquidator may convey the property to the secured creditor and the latter will be admitted in the liquidation proceedings as a creditor for the balance. If its value exceeds the claim secured, the liquidator may convey the property to the creditor and waive the debtor's right of redemption upon receiving the excess from the creditor;

(2) the liquidator may sell the property and satisfy the secured creditor's entire claim from the proceeds of the sale; or

(3) the secure creditor may enforce the lien or foreclose on the property pursuant to applicable laws.

(B) The Liquidator.

Section 115. Election of Liquidator. - Only creditors who have filed their claims within the period set by the court, and whose claims are not barred by the statute of limitations, will be allowed to vote in the election of the liquidator. A secured creditor will not be allowed to vote, unless: (a) he waives his security or lien; or (b) has the value of the property subject of his security or lien fixed by agreement with the liquidator, and is admitted for the balance of his claim.

The creditors entitled to vote will elect the liquidator in open court. The nominee receiving the highest number of votes cast in terms of amount of claims, ad who is qualified pursuant to Section 118 hereof, shall be appointed as the liquidator.

Section 116. Court-Appointed Liquidator. - The court may appoint the liquidator if:

(a) on the date set for the election of the liquidator, the creditors do not attend;

(b) the creditors who attend, fail or refuse to elect a liquidator;

(d) a vacancy occurs for any reason whatsoever, In any of the cases provided herein, the court may instead set another hearing of the election of the liquidator.

Provided further, That nothing in this section shall be construed to prevent a rehabilitation receiver, who was administering the debtor prior to the commencement of the liquidation, from being appointed as a liquidator.

Section 117. Oath and Bond of the Liquidator. -Prior to entering upon his powers, duties and responsibilities, the liquidator shall take an oath and file a bond, In such amount to be fixed by the court, conditioned upon the proper and faithful discharge of his powers, duties and responsibilities.

Section 118. Qualifications of the Liquidator. - The liquidator shall have the qualifications enumerated in Section 29 hereof. He may be removed at any time by the court for cause, either motu propio or upon motion of any creditor entitled to vote for the election of the liquidator.

Section 119. Powers, Duties and Responsibilities of the Liquidator. - The liquidator shall be deemed an officer of the court with the principal duly of preserving and maximizing the value and recovering the assets of the debtor, with the end of liquidating them and discharging to the extent possible all the claims against the debtor. The powers, duties and responsibilities of the liquidator shall include, but not limited to:

(a) to sue and recover all the assets, debts and claims, belonging or due to the debtor;

(b) to take possession of all the property of the debtor except property exempt by law from execution;

(d) to redeem all mortgages and pledges, and so satisfy any judgement which may be an encumbrance on any property sold by him;

(e) to settle all accounts between the debtor and his creditors, subject to the approval of the court;

(f) to recover any property or its value, fraudulently conveyed by the debtor;

(g) to recommend to the court the creation of a creditors' committee which will assist him in the discharge of the functions and which shall have powers as the court deems just, reasonable and necessary; and

(h) upon approval of the court, to engage such professional as may be necessary and reasonable to assist him in the discharge of his duties.

In addition to the rights and duties of a rehabilitation receiver, the liquidator, shall have the right and duty to take all reasonable steps to manage and dispose of the debtor's assets with a view towards maximizing the proceedings therefrom, to pay creditors and stockholders, and to terminate the debtor's legal existence. Other duties of the liquidator in accordance with this section may be established by procedural rules.

A liquidator shall be subject to removal pursuant to procedures for removing a rehabilitation receiver.

Section 120. Compensation of the Liquidator. - The liquidator and the persons and entities engaged or employed by him to assist in the discharge of his powers and duties shall be entitled to such reasonable compensation as may determined by the liquidation court, which shall not exceed the maximum amount as may be prescribed by the Supreme Court.

Section 121. Reporting Requiremen5ts. - The liquidator shall make and keep a record of all moneys received and all disbursements mad by him or under his authority as liquidator. He shall render a quarterly report thereof to the court , which report shall be made available to all interested parties. The liquidator shall also submit such reports as may be required by the court from time to time as well as a final report at the end of the liquidation proceedings.

Section 122. Discharge of Liquidator. - In preparation for the final settlement of all the claims against the debtor , the liquidator will notify all the creditors, either by publication in a newspaper of general circulation or such other mode as the court may direct or allow, that will apply with the court for the settlement of his account and his discharge from liability as liquidator. The liquidator will file a final accounting with the court, with proof of notice to all creditors. The accounting will be set for hearing. If the court finds the same in order, the court will discharge the liquidator.

(C) Determination of Claims

Section 123. Registry of Claims. - Within twenty (20) days from his assumption into office the liquidator shall prepare a preliminary registry of claims of secured and unsecured creditors. Secured creditors who have waived their security or lien, or have fixed the value of the property subject of their security or lien by agreement with the liquidator and is admitted as a creditor for the balance , shall be considered as unsecured creditors. The liquidator shall make the registry available for public inspection and provide publication notice to creditors, individual debtors owner/s of the sole proprietorship-debtor, the partners of the partnership-debtor and shareholders or members of the corporation-debtor, on where and when they may inspect it. All claims must be duly proven before being paid.

Section 124. Right of Set-off. - If the debtor and creditor are mutually debtor and creditor of each other one debt shall be set off against the other, and only the balance, if any shall be allowed in the liquidation proceedings.

Section 125. - Opposition or Challenge to Claims. - Within thirty (30 ) days from the expiration of the period for filing of applications for recognition of claims, creditors, individual debtors, owner/s of the sole proprietorship-debtor, partners of the partnership-debtor and shareholders or members of the corporation -debtor and other interested parties may submit a challenge to claim or claims to the court, serving a certified copy on the liquidator and the creditor holding the challenged claim. Upon the expiration of the (30) day period, the rehabilitation receiver shall submit to the court the registry of claims containing the undisputed claims that have not been subject to challenge. Such claims shall become final upon the filling of the register and may be subsequently set aside only on grounds or fraud, accident, mistake or inexcusable neglect.

Section 126. Submission of Disputed to the Court. - The liquidator shall resolve disputed claims and submit his findings thereon to the court for final approval. The liquidator may disallow claims.

(D) Avoidance Proceedings.

Section 127. Rescission or Nullity of Certain Transactions. - Any transaction occurring prior to the issuance of the Liquidation Order or, in case of the conversion of the rehabilitation proceedings prior to the commencement date, entered into by the debtor or involving its assets, may be rescinded or declared null and void on the ground that the same was executed with intent to defraud a creditor or creditors or which constitute undue preference of creditors. The presumptions set forth in Section 58 hereof shall apply.

Section 128. Actions for Rescission or Nullity. - (a) The liquidator or, with his conformity, a creditor may initiate and prosecute any action to rescind, or declare null and void any transaction described in the immediately preceding paragraph. If the liquidator does not consent to the filling or prosecution of such action, any creditor may seek leave of the court to commence said action.

(b) if leave of court is granted under subsection (a) hereof, the liquidator shall assign and transfer to the creditor all rights, title and interest in the chose in action or subject matter of the proceeding, including any document in support thereof.

(c) Any benefit derived from a proceeding taken pursuant to subsection (a) hereof, to the extent of his claim and the costs, belongs exclusively to the creditor instituting the proceeding, and the surplus, if any, belongs to the estate.

(d) Where, before an orders is made under subsection (a) hereof, the liquidator signifies to the court his readiness to the institute the proceeding for the benefit of the creditors, the order shall fix the time within which he shall do so and, in that case the benefit derived from the proceedings, if instituted within the time limits so fixed, belongs to the estate.

(E) The Liquidation Plan.

Section 129. The Liquidation Plan. - Within three (3) months from his assumption into office, the Liquidator shall submit a Liquidation Plan to the court. The Liquidation Plan shall, as a minimum enumerate all the assets of the debtor and a schedule of liquidation of the assets and payment of the claims.

Section 130. Exempt Property to be Set Apart. - It shall be the duty of the court, upon petition and after hearing, to exempt and set apart, for the use and benefit of the said insolvent, such real and personal property as is by law exempt from execution, and also a homestead; but no such petition shall be heard as aforesaid until it is first proved that notice of the hearing of the application therefor has been duly given by the clerk, by causing such notice to be posted it at least three (3) public places in the province or city at least ten (10) days prior to the time of such hearing, which notice shall set forth the name of the said insolvent debtor, and the time and place appointed for the hearing of such application, and shall briefly indicate the homestead sought to be exempted or the property sought to be set aside; and the decree must show that such proof was made to the satisfaction of the court, and shall be conclusive evidence of that fact.

Section 131. Sale of Assets in Liquidation. - The liquidator may sell the unencumbered assets of the debtor and convert the same into money. The sale shall be made at public auction. However, a private sale may be allowed with the approval of the court if; (a) the goods to be sold are of a perishable nature, or are liable to quickly deteriorate in value, or are disproportionately expensive to keep or maintain; or (b) the private sale is for the best interest of the debtor and his creditors.

With the approval of the court, unencumbered property of the debtor may also be conveyed to a creditor in satisfaction of his claim or part thereof.

Section 132. manner of Implementing the Liquidation Plan. - The Liquidator shall implement the Liquidation Plan as approved by the court. Payments shall be made to the creditors only in accordance with the provisions of the Plan.

Section 133. Concurrence and Preference of Credits. - The Liquidation Plan and its Implementation shall ensure that the concurrence and preference of credits as enumerated in the Civil Code of the Philippines and other relevant laws shall be observed, unless a preferred creditor voluntarily waives his preferred right. For purposes of this chapter, credits for services rendered by employees or laborers to the debtor shall enjoy first preference under Article 2244 of the Civil Code, unless the claims constitute legal liens under Article 2241 and 2242 thereof.

Section 134. Order Removing the Debtor from the List of Registered Entitles at the Securities and Exchange Commission. - Upon determining that the liquidation has been completed according to this Act and applicable law, the court shall issue an Order approving the report and ordering the SEC to remove the debtor from the registry of legal entities.

Section 135. Termination of Proceedings. - Upon receipt of evidence showing that the debtor has been removed from the registry of legal entities at the SEC. The court shall issue an Order terminating the proceedings.

(F) Liquidation of a Securities Market Participant.

Section 136. Liquidation of a Securities Market Participant. - The foregoing provisions of this chapter shall be without prejudice to the power of a regulatory agency or self- regulatory organization to liquidate trade-related claims of clients or customers of a securities market participant which, for purposes of investor protection, are hereby deemed to have absolute priority over other claims of whatever nature or kind insofar as trade-related assets are concerned.

For purposes of this section, trade -related assets include cash, securities, trading right and other owned and used by the securities market participant in the ordinary course of this business.

CHAPTER VIII
PROCEEDINGS ANCILLARY TO OTHER INSOLVENCY OR REHABILITAION PROCEEDINGS

(A) Banks and Other Financial Institutions Under Rehabilitation Receivership Pursuant to a State-funded or State-mandated Insurance System.

Section 137. Provision of Assistance. - The court shall issue orders, adjudicate claims and provide other relief necessary to assist in the liquidation of a financial under rehabilitation receivership established by a state-funded or state-mandated insurance system.

Section 138. Application of Relevant Legislation. - The liquidation of bank, financial institutions, insurance companies and pre-need companies shall be determined by relevant legislation. The provisions in this Act shall apply in a suppletory manner.

(B) Cross-Border Insolvency Proceedings.

Section 139. Adoption of Uncitral Model Law on Cross-Border Insolvency. - Subject to the provision of Section 136 hereof and the rules of procedure that may be adopted by the Supreme Court, the Model Law on Cross-Border Insolvency of the United Nations Center for International Trade and Development is hereby adopted as part of this Act.

Section 140. Initiation of Proceedings. - The court shall set a hearing in connection with an insolvency or rehabilitation proceeding taking place in a foreign jurisdiction, upon the submission of a petition by the representative of the foreign entity that is the subject of the foreign proceeding.

Section 141. Provision of Relief. - The court may issue orders:

(a) suspending any action to enforce claims against the entity or otherwise seize or foreclose on property of the foreign entity located in the Philippines;

(b) requiring the surrender property of the foreign entity to the foreign representative; or

Section 142. Factors in Granting Relief. - In determining whether to grant relief under this subchapter, the court shall consider;

(a) the protection of creditors in the Philippines and the inconvenience in pursuing their claim in a foreign proceeding;

(b) the just treatment of all creditors through resort to a unified insolvency or rehabilitation proceedings;

(d) the extent that the foreign proceeding recognizes the rights of creditors and other interested parties in a manner substantially in accordance with the manner prescribed in this Act; and

(e) the extent that the foreign proceeding has recognized and shown deference to proceedings under this Act and previous legislation.

CHAPTER IX
FUNDS FOR REHABILITATION OF GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS

Section 143. Funds for Rehabilitation of Government -owned and Controlled Corporations. - Public funds for the rehabilitation of government-owned and controlled corporations shall be released only pursuant to an appropriation by Congress and shall be supported by funds actually available as certified by the National Treasurer.

The Department of Finance, in collaboration with the Department of Budget and Management, shall promulgate the rules for the use and release of said funds.

CHAPTER X
MISCELLANEOUS PROVISIOS

Section 144. Applicability of Provisions. - The provisions in Chapter II, insofar as they are applicable, shall likewise apply to proceedings in Chapters II and IV.

Section 145. Penalties. - An owner, partner, director, officer or other employee of the debtor who commits any one of the following acts shall, upon conviction thereof, be punished by a fine of not more than One million pesos (Php 1, 000,000.00) and imprisonment for not less than three(3) months nor more than five (5) years for each offense;

(a) if he shall, having notice of the commencement of the proceedings, or having reason to believe that proceedings are about to be commented, or in contemplation of the proceedings hide or conceal, or destroy or cause to be destroyed or hidden any property belonging to the debtor or if he shall hide, destroy, after mutilate or falsify, or cause to be hidden, destroyed, altered, mutilated or falsified, any book, deed, document or writing relating thereto; if he shall, with intent to defraud the creditors of the debtor, make any payment sale, assignment, transfer or conveyance of any property belongings to the debtor

(b) if he shall, having knowledge belief of any person having proved a false or fictitious claim against the debtor, fail to disclose the same to the rehabilitation receiver of liquidator within one (1) month after coming to said knowledge or belief; or if he shall attempt to account for any of the debtors property by fictitious losses or expense; or

Section 146. Application to Pending Insolvency, Suspension of Payments and Rehabilitation Cases. - This Act shall govern all petitions filed after it has taken effect. All further proceedings in insolvency, suspension of payments and rehabilitation cases then pending, except to the extent that in opinion of the court their application would not be feasible or would work injustice, in which event the procedures set forth in prior laws and regulations shall apply.

Section 147. Application to Pending Contracts. - This Act shall apply to all contracts of the debtor regardless of the date of perfection.

Section 148. Repeating Clause. - The Insolvency Law (Act No. 1956). As amended is hereby repealed. All other laws, orders, rules and regulations or parts thereof inconsistent with any provision of this Act are hereby repealed or modified accordingly.

Section 149. Separability Clause. - If any provision of this Act shall be held invalid, the remainder of this Act not otherwise affected shall remain in full force effect

Section 150. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspaper of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE
President of the Senate

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 7090 and Senate Bill No. 61 was finally passed by the House of Representatives and the Senate on February 1. 2010 and February 2, 2010, respectively.

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

AMLA Update

2012-07-26T22:20:00.001-07:00

Republic of the Philippines
Bangko Sentral nf Pilipinas
Manila

Circular No. 706

Subject: Updated Anti-Money Laundering Rules and Regulations

By the authority vested to the Bangko Sentral ng Pilipinas (BSP) to issue guidelines and circulars on anti-money laundering (AML) in order to effectively implement the provisions of Republic Act No. 9160, otherwise known as the "Anti-Money Laundering Act of 2001", as amended by Republic Act No. 9194 (AMLA, as amended), under Rule 17.1 (b) of the Revised Implementing Rules and Regulations (RIRR), the Monetary Board, in its Resolution No. 1801 dated 16 December 2010, approved the adoption of this Updated Anti-Money Laundering Rules and Regulations and the amendment of Part Eight of the Manual of Regulations as well as the repeal of other BSP Circulars that are inconsistent herewith.

http://lawphil.net/administ/bsp/cir_706_2011.htmlSection X801. Declaration of Policy - The BSP adopts the policy of the State to protect the integrity and confidentiality of bank accounts and to ensure that the Philippines in general and the covered institutions herein described in particular shall not be used respectively as a money laundering site and conduit for the proceeds of an unlawful activity as hereto defined.

Section X802. Scope of Regulations - These regulations shall apply to all covered institutions supervised and regulated by the BSP. The term "covered institution" shall refer to Banks, Offshore banking units, quasi-banks, trust entities, non-stock savings and loan associations, pawnshops, foreign exchange dealers, money changers, remittance agents, electronic money issuers and other financial institutions which under special laws are subject to BSP supervision and/or regulation, including their subsidiaries and affiliates as herein defined wherever they may be located:

(a) A subsidiary means an entity more than fifty percent (50%) of the outstanding voting stock of which is owned by a bank, quasi-bank, trust entity or any other institutions supervised and/or regulated by the BSP.

(b) An affiliate means an entity the voting stock of which, to the extent of fifty percent (50%) or less, is owned by a bank, quasi-bank, trust entity, or any other institution supervised and/or regulated by the BSP.

Pursuant to Section 20 of the General Banking Law of 2000, a bank authorized by BSP to establish branches or other offices within or outside the Philippines shall be responsible for all business conducted in such branches and offices to the same extent and in the same manner as though such business had all been conducted in the head office. A bank and its branches and offices shall be treated as one unit.

Whenever local applicable laws and regulations of a branch, office, subsidiary or affiliate based outside the Philippines prohibit the implementation of these Rules or any of the provisions of AMLA, as amended, its RIRR, and the supervising authority in that foreign country issues a directive forbidding said branch, office, subsidiary or affiliate, the covered institution shall notify the BSP of this situation and furnish a copy of the supervising authority’s directive.

Section X803. Definition of terms - Excepts as otherwise defined herein, all terms used shall have the same meaning as those terms that are defined in the AMLA, as amended, and its RIRR.

(A) Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following:

(1) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.

(2) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (1) above.

(3) Any person knowing that any monetary instrument or property is required under the act to be disclosed and filed with the Anti-Money Laundering Council, fails to do so.

(B) Covered transaction (CT) is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of five hundred thousand pesos (P500,000) within on banking day.

(C) Suspicious transactions (ST) are transactions with covered institutions, regardless of the amount involved, where any of the following circumstances exist:

1. There is no underlying legal or trade obligation, purpose or economic justification;

2. The client is not properly identified;

3. The amount involved is not commensurate with the business or financial capacity of the client;

4. Taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the AMLA, as amended;

5. Any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or client’s past transactions with the covered institution;

6. The transaction is in any way related to an unlawful activity or any money laundering activity or offense under AMLA, as amended, that is about to be, is being or has been committed; or

7. Any transaction that is similar or analogous to any of the foregoing.

(D) Monetary instrument refers to:

(1) Coins or currency of legal tender of the Philippines, or of any other country;

(2) Drafts, check, and notes;

(3) Securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and money market instruments;

(4) Contracts or policies of insurance, life or non-life, and contracts of suretyship; and

(5) Other similar instruments where title thereto passes to another by endorsement assignment or delivery.

(E) Transaction refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship between the parties thereto. It also includes any movement of funds by any means with a covered institution.1avvphil

(F) Unlawful activity refers to any act or omission or series or combination thereof involving or having direct relation to the following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;

(2) Section 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002;

(3) Section 3 paragraphs B, C, E, G, H, and I of Republic Act No. 3019, as amended; otherwise known as the Anti-Graft and Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301, and 302 of the Revised Penal Code, as amended;

(6) Jueteng and masiao punished as illegal gambling under Presidential Decree No. 1602;

(7) Piracy on the high seas under Revised Penal Code, as amended and Presidential Decree No. 532;

(8) Qualified theft under Article 310 of Revised Penal Code, as amended;

(9) Swindling under Article 310 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.

(G) Customer - refers to any person or entity that keeps account, or otherwise transacts business with a covered institution and any person or entity on whose behalf an account is maintained or a transaction is conducted, as well as the beneficiary of said transactions. A customer also includes the beneficiary of a trust, an investment fund, a pension fund or a company or person whose assets are managed by an asset manager, or a grantor of a trust.

(H) Shell Company - Legal entities which have no business substance in their own right but through which financial transactions may be conducted.

(I) Shell Bank - a Shell company incorporated as a bank or made to appear to be incorporated as a bank but has no physical presence and no affiliation with a regulated financial group. It can also be a bank that (a) does not conduct business at a fixed address in a jurisdiction in which the shell bank is authorized to engage; (b) does not employ one or more individuals on a full time basis at this fixed address; (c) does not maintain operating records at this address, and (d) is not subject to inspection by the authority that licensed it to conduct banking activities.

(J) Beneficial Owner - refers to natural person(s) who ultimately owns or controls a customer and/or the person on whose behalf a transaction is being conducted. It also incorporates those persons who exercise ultimate effective control over a legal person or arrangement.

(K) Politically Exposed Person or PEP - an individual who is or has been entrusted with prominent public positions in the Philippines or in a foreign state, including heads of state or of government, senior politicians, senior national or local government, judicial or military officials, senior executives of government or state owned or controlled corporations and important political party officials.

(L) Correspondent banking refers to activities of one bank (the correspondent bank) having direct connection or friendly service relations with another bank (the respondent bank).

(M) Fund/wire transfer - refers to any transaction carried out on behalf of an originator (both natural and juridical) through a financial institution (Originating Institution) by electronic means with a view to making an amount of money available to a beneficiary at another financial institution (Beneficiary Institution). The originator person and the beneficiary person may be the same person.

(N) Cross border transfer - any wire transfer where the originating and beneficiary institutions are located in different countries. It shall also refer to any chain of wire transfers that has at least one cross-border element.

(O) Domestic Transfer - any wire transfer where the originating and beneficiary institutions are located in the same country. It shall refer to any chain of wire transfers that takes place entirely within the borders of a single country, even though the system used to effect the fund/wire transfer may be located in another country.

(P) Originating institution - refers to the entity utilized by the originator to transfer funds to the beneficiary and can either be (a) a covered institution as specifically defined by these Rules and as generally defined by the AMLA, as amended, and its RIRR, or (b) a financial institution operating outside the Philippines that is other than covered institutions referred to in (a) but conducts business operation and activities similar to them

(Q) Beneficiary institution - refers to the entity that will pay out the money to the beneficiary and can either be (a) a covered institution as specifically defined by these Rules and as generally defined by the AMLA, as amended, and its RIRR, or (b) a financial institution operating outside the Philippines that is other than covered institutions referred to in (a) but conducts business operations and activities similar to them.

(R) Intermediary institution - refers to the entity utilized by the originating and beneficiary institutions where both have no correspondent banking relationship with the intermediary institution. It can either be (a) a covered institution as specifically defined by these Rules and as generally defined by the AMLA, as amended, and its RIRR, or (b) a financial institution operating outside the Philippines that is other than covered institution referred to in (a) but conducts business operations and activities similar to them.

Section X804. Basic Principles and Policies to Combat Money Laundering - in line with the declaration of policy, covered institutions shall apply the following principles:

1. Conduct business in conformity with high ethical standards in order to protect its safety and soundness as well as the integrity of the national banking and financial system:

2. Know sufficiently your customer at all times and ensure that the financially or socially disadvantaged are not denied access to financial services while at the same time prevent suspicious individuals or entities from opening or maintaining an account or transacting with the covered institution by himself or otherwise:

3. Adopt and effectively implement a sound AML and terrorist financing risk management system that identifies, assesses, monitors and controls risks associated with money laundering and terrorist financing;

4. Comply fully with these rules and existing laws aimed at combating money laundering and terrorist financing by making sure that officers and employee are aware of their respective responsibilities and carry them out in accordance with superior and principled culture of compliance; and

5. Fully cooperate with Anti-Money Laundering Council (AMLC) for the effective implementation and enforcement of the AMLA, as amended, and its RIRR.

A. RISK MANAGEMENT

§ X805. Risk Management - All covered institutions shall develop sound risk management policies and practices to ensure that risks associated with money-laundering such as counterparty, reputational, operational, and compliance risks are identified, assessed, monitored, mitigated and controlled, as well as to ensure effective implementation of these regulations, to the end that covered institutions shall not be used as a vehicle to legitimize proceeds of unlawful activity or to facilitate or finance terrorism.

The four areas of sound risk management practices are adequate and active Board and Senior Management oversight, acceptable policies and procedures embodied in a money laundering and terrorist financing prevention compliance program, appropriate monitoring and Management Information System and comprehensive internal controls and audit.

§ X805.1 Board and Senior Management Oversight - Notwithstanding the provisions specifying the duties and responsibilities of the Compliance Office and Internal Audit, it shall be the ultimate responsibility of the Board of Directors to fully comply with the provisions of these rules, the AMLA, as amended, and its RIRR. For this reason, it shall ensure that oversight on the institution's compliance management is adequate.

§ X805.1.a. Compliance office - Management of the implementation of the covered institution's Money Laundering and Terrorist Financing Prevention Program (MLPP) shall be a primary task of the Compliance Office. To ensure the independence of the Office, it shall have a direct reporting line to the Board of Directors or any Board-level or approved committee on all matters related to AML and terrorist financing compliance and their risk management. It shall be principally responsible for the following functions among other functions that may be delegated by Senior Management and the Board, to wit:

1. Ensure compliance by all responsible officers and employee with these Rules, the AMLA as amended, the RIRR and its own MLPP. It shall conduct periodic compliance checking which covers, among others, evaluation of existing processes, policies and procedures including on-going monitoring of performances by staff and officers involved in money laundering and terrorist financing prevention, reporting channels, effectivity of the electronic money laundering transactions monitoring system and record retention system through sample testing and review of audit or examination reports. It shall also report compliance findings to the Board or any Board-level committee;

2. Ensure that infractions, discovered either by internally initiated audits or by special or regular examination conducted by the BSP, are immediately corrected;

3. Inform all responsible officers and employee of all resolutions, circulars and other issuance by the BSP and the AMLC in relation to matters aimed at preventing money laundering and terrorist financing;

4. Alert senior management, the board of directors, or the Board-level or approved committee if it believes that the institution is falling to sensibly address anti money laundering and terrorist financing issues; and

5. Organize the timing and content of AML training of officers and employees including regular refresher trainings as stated in Section X809.

§ X805.2. Money Laundering and Terrorist Financing Prevention Program - All covered institutions shall adopt a comprehensive and risk-based MLPP geared toward the promotion of high ethical and professional standards and the prevention of the bank being used, intentionally or unintentionally, for money laundering and terrorism financing. The MLPP shall be consistent with the AMLA as amended, and the provisions set out in these rules and designed according to the covered institution's corporate structure and risk profile. It shall be in writing, approved by the Board of Directors or by the country/regional head or its equivalent for local branches of foreign banks, and well disseminated to all officers and staff who are obligated by law and by their program to implement the same. Where a covered institution has branches, subsidiaries, affiliates or offices located within and/or outside the Philippines, it shall adopt an institution-wide MLPP that shall be implemented on a consolidated basis.

The MLPP shall also be readily available in user-friendly form, whether in hard or soft copy. The Covered institution must put up a procedure to ensure an audit trail evidencing dissemination process for new and amended policies and procedures. The program shall embody the following at a minimum:

1. Detailed procedures of the covered institution's compliance and implementation of the following major requirements of the AMLA, as amended its RIRR, and these Rules, to wit:

a) Customer identification process including acceptance policies and on-going monitoring processes;

b) Record keeping and retention;

c) Covered transaction reporting; and

d) Suspicious transaction reporting including the adoption of a system, electronic or manual, of flagging, monitoring and reporting of transactions that qualify as suspicious transactions, regardless of amount or that will raise a "red flag" for purposes of conducting further verification or investigation or transactions involving amounts below the threshold to facilitate the process of aggregating them for purposes of future reporting of such transactions to the AMLC when their aggregated amounts breach the threshold. The ST reporting shall include a reporting chain under which a suspicious transaction will be processed and the designation of a Board level or approved Committee who will ultimately decide whether or not the covered institution should file a report to the AMLC. If the resources of the covered institution do not permit the designation of a Committee, it may designated the compliance officer to perform this function instead provided that the Board of Directors is informed of his decision.

2. An effective and continuous anti-money laundering and countering of terrorist financing training program for all directors, and responsible officers and employee, to enable them to fully comply with their obligations and responsibilities under these rules, the AMLA, as amended, its RIRR and their internal policies and procedures as embodied in the MLPP. The training program shall also include refresher trainings to remind these individuals of their obligations and responsibilities as well as update them of any changes in AML laws, rules and internal policies and procedures.

3. An adequate screening and recruitment process to ensure that only qualified personnel who have no criminal record/s are employed to assume sensitive banking functions;

4. An internal audit system in accordance with § X805.4;

5. An independent audit program with written scope of audit that will ensure the completeness and accuracy of the information and identification documents obtained from clients, the covered and suspicious transactions reports submitted to the AMLC, and the records retained in compliance with these rules as well as adequacy and effectiveness of the training program on the prevention of money laundering and terrorism financing;

6. A mechanism that ensures all deficiencies noted during the audit and/or BSP regular or special examination are immediately corrected and acted upon;

7. Cooperation with the AMLC; and

8. Designation of an AML compliance officer who shall at least be at senior officer level, as the lead implementor of the program within an adequately staffed Compliance Office. The AML compliance officer may also be the liaison between the covered institution, the BSP and the AMLC in matters relating to the covered institution's AML compliance. Where resources of the covered institution do not permit the hiring of an AML compliance officer, the Compliance Officer shall also assume the responsibility of the former.

§ X805.2.a. Submission of the Revised and Updated MLPP. Approval by the Board of Directors or Country Head - Within one hundred eighty days (180) days from effectivity of these Rules, all covered institutions shall prepare and have available for inspection an updated MLPP embodying the principles and provisions stated in these rules. The Compliance Officer shall submit to the Anti-Money Laundering Specialist Group, Supervision and Examination Sub-sector I of the BSP a sworn certification that the revised MLPP had been prepared, duly noted and approved by the Board of Directors or the Country Head or its equivalent for local branches of foreign banks.

Henceforth, each MLPP shall be regularly updated at least once every two years to incorporate changes in AML policies and procedures, latest trends in money laundering and terrorist financing typologies, and latest pertinent BSP issuances. Any revision or update in the MLPP shall likewise be approved by the Board of Directors or the country/regional head or its equivalent for local branches of foreign banks.

§ X805.3. Monitoring and Reporting Tools - All covered institutions shall adopt an AML and terrorist financing monitoring system that is appropriate for their risk-profile and business complexity and in accordance with these Rules. The system should be capable of generating timely, accurate and complete reports to lessen the likelihood of any reputational and compliance risks and to regularly appraise the Board of Directors and Senior Management on anti-money laundering and terrorist financing compliance.

§ X805.3.a. Electronic monitoring and reporting System for Money Laundering - Universal Banks (UBs) and Commercial Banks (Kbs) shall adopt an electronic AML system capable of monitoring risks associated with money-laundering and terrorist financing as well as generating timely reports for the guidance and information of its Board of Directors and Senior Management in addition to the functionalities mentioned in & X807.2

§ X805.3.b. Manual monitoring - For covered institutions other than UBs and KBs, it need not have an electronic system but must ensure that it has the means of complying with § X805.3.

§ X805.4. Internal Audit - The Internal Audit function associated with money laundering and terrorist financing should be conducted by qualified personnel who are independent of the Board of Directors and Senior Management and have a direct reporting line to the Board or a Board level Audit Committee.

The Internal Audit shall, in addition to those specified by these rules be responsible for the periodic and independent evaluation of the risk management, degree of adherence to internal control mechanisms related to the customer identification process, such as the determination of the existence of customers and the completeness of the minimum information and/or documents establishing the true and full identity of, and the extent and standard of due diligence applied to, customers, CT and ST reporting and record keeping and retention, as well as they adequacy and effectiveness of other existing internal controls associated with money laundering and terrorist financing.

For Ubs and KBs with electronic money laundering transaction monitoring system, in addition to the above, the internal audit shall include determination of the efficiency of the system’s functionalities as required by § X805.3 and § X807.2.

The results of the internal audit shall be timely communicated to the Board of Directors and shall be open for scrutiny by BSP examiners in the course of the regular or special examination without prejudice to the conduct of its own evaluation whenever necessary. Results of the audit shall likewise be promptly communicated to the Compliance Office for its appropriate corrective action. The Compliance Office shall regularly submit reports to the Board to inform them of management’s action to address deficiencies noted in the audit.

B. CUSTOMER IDENTIFICATION PROCESS

Section X806. A covered institution shall maintain a system of verifying the true identity of their customers and, in case of corporate and juridical entities, require a system of verifying their legal existence and organizational structure as well as the authority and identification of all persons purporting to act on their behalf. Along this line, it shall formulate a risk-based and tiered customer acceptance policy, customer retention policy and customer identification process that involves reduced Customer Due Diligence (CDD) for potentially low risk clients and enhanced CDD for higher risk accounts.

§ X806.1. Customer acceptance policy - Every covered institution shall develop clear, written and graduated acceptance policies and procedures that will ensure that the financially or socially disadvantaged are not denied access to financial services while at the same time prevent suspicious individuals or entities from opening an account.

§ X806.1.a. Criteria for type of customers: low, normal and high risk; Standards for applying reduced, average and enhanced due diligence - Covered institutions shall specify the criteria and description of the types of customers that are likely to pose low, normal or high risk to their operations as well as the standards in applying reduced, average and enhanced due diligence including a set of conditions for the denial of account opening.

Enhanced due diligence shall be applied to customers that are assessed by the covered institution or by these Rules as high risk for money laundering and terrorist financing.

For customers assessed to be of low risk such as an individual customer with regular employment or economically productive activity, small account balance and transactions, and a resident in the area of the covered institutions may apply reduced due diligence. Some entities may likewise be considered as low risk clients, these are: Banking institutions, trust entities and quasi-banks authorized by the BSP to operate as such, publicly listed companies subject to regulatory disclosure requirements, government agencies including government owned and controlled corporations (GOCCs).

In designing a customer acceptance policy, the following factors shall be taken into account:

1. Background and source of funds;

2. Country of origin and residence or operations;

3. Public or high profile position of the customer or its directors/trustees, stockholders, officers and/or authorized signatory;

4. Linked accounts;

5. Watch list of individuals and entities engaged in illegal activities or terrorist related activities as circularized by BSP, AMLC, and other international entities or organizations such as the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and United Nations Sanctions List;

6. Business activities; and

7. Type of service/products/transactions to be entered with the covered institution.

In all instances, the covered institution shall document how a specific customer was profiled (low, normal or high) and what standard of CDD (reduced, average or enhanced) was applied.

§ X806.1.b. Enhanced due Diligence - Whenever enhanced due diligence is applied as required by these Rules or by the covered institution’s customer acceptance policy, the covered institution shall, in addition to profiling of customers and monitoring of their transactions, do the following:

1. Obtain additional information other than the minimum information and/or documents required for the conduct of average due diligence as enumerated under § X806.2.a and § X806.2.b;

(a) In cases of individual customers, obtain a list of banks where the individual has maintained or is maintaining an account, list of companies where he is a director, officer or stockholder, and banking services to be availed of.

(b) For entities assessed as high risk customers, such as shell companies, covered institutions shall, in addition to the minimum information and/or documents enumerated above, obtain additional information including but not limited to prior or existing bank references, the Name, present address, date and place of birth, nature of work, nationality and source of funds of each of the primary officers (President, Treasures and authorized signatory/ies), stockholders owning at least 2% of the voting stock, and directors/trustees/partners as well as their respective identification documents.

2. Conduct validation procedures on any or all of the information provided in accordance with § X806.1.c.

3. Obtain senior management approval for establishing business relationship.

Where additional information cannot be obtained, or any information or document provided is false or falsified, or result of the validation process is unsatisfactory, the covered institution shall deny banking relationship with the individual or entity without prejudice to the reporting of a suspicious transaction to the AMLC when circumstances warrant.

§ X806.1.c. Minimum validation procedures - Validation procedures for individual customers shall include but is not limited to the following:

1. Confirming the date of birth from a duly authenticated official document;

2. Verifying the permanent address through evaluation of utility bills, bank or credit card statement or other documents showing permanent address or through on-site visitation;

3. Contacting the customer by phone, email or letter (such as sending of "thank you letters"); and

4. Determining the authenticity of the identification documents through validation of its issuance by requesting a certification from the issuing authority or by any other means.

For corporate or juridical entities, validation procedures shall include but is not limited to be the following:

1. Requiring the submission of audited financial statements conducted by a reputable accounting/auditing firm;

2. Inquiring from the supervising authority the status of the entity;

3. Obtaining bank references;

4. On-site visitation of the company; and

5. Contacting the entity by phone, email or letter (such as "thank you letters").

§ X806.1.d. Reduced due diligence. Whenever reduced due diligence is applied in accordance with the covered institution’s customer acceptance policy, the following rules shall apply:

a. For individual customers, a covered institution may open an account under the true and full name of the account owner or owners and defer acceptance of the minimum information. Deferred acceptance of the minimum information shall mean obtaining information numbers 1 to 7 of § X806.2.a at the time of account opening while the rest, numbers 8 to 11, may be obtained within a reasonable time but not exceeding ninety (90) days from account opening.

b. For corporate, partnership, and sole proprietorship entities, and other entities such as banking institutions, trust entities and quasi-banks authorized by the BSP to operate as such, publicly listed companies subject to regulatory disclosure requirements, government agencies including GOCCs, a covered institution may open an account under the official name of these entities with only no. 4 of those required under § X806.2.b (Board Resolution duly certified by the Corporate Secretary authorizing the signatory to sign on behalf of the entity) - obtained at the time of account opening.

§ X806.1.e. Face-to-face contact - No new accounts shall be opened and created without face-to-face contact and personal interview between the covered institution’s duly authorized personnel and the potential customer except under the following arrangements:

§ X806.1.e.1. Account opened through a trustee, agent, nominee, or intermediary - Where the account is opened through a trustee, agent, nominee or intermediary, the covered institution shall establish and record the true and full identity and existence of both the (a) trustee, nominee, agent or intermediary and (b) trustor, principal, beneficial owner, or person on whose behalf the account is being opened. The covered institution shall determine the true nature of the parties’ capacities and duties by obtaining a copy of the written document evidencing their relationship and apply the same criteria for assessing the risk profile and determining the standard of due diligence to be applied to both.

In case of several trustors, principals, beneficial owners, or persons on whose behalf the account are being opened where the trustee, nominee, agent or intermediary opens a single account but keeps therein sub-accounts that may be attributable to each trustor, principal, beneficial owner, or person on whose behalf the account is being opened, the covered institution shall, at the minimum, obtain the true and full name, place and date of birth or date or registration, as the case may be, present address, nature of work or business, and source of funds as if the account was opened by them separately. Where the covered institution is required to report a CT or circumstances warrant the filing of an ST, it shall obtain such other information on every trustor, principal, beneficial owner, or person on whose behalf the account is being opened in order that a complete and accurate report may be filed with AMLC.

In case a covered institution entertains doubts that the trustee, nominee, agent or intermediary is being used as a dummy in circumvention of existing laws, it shall apply enhanced due diligence in accordance with § X806.1.b.

§ X806.1.e.2. Outsourcing arrangement - Subject to existing rules on outsourcing of specified banking activities, a covered institution, without prior Monetary Board approval, may outsource to a counter-party the conduct of the requisite face-to-face contact provided that such arrangement is formally documented and provided further that the conditions under § X806.2.d. are met.

If the counter party is an entity other than a covered institution as herein defined, covered institutions shall ensure that the employees or representatives of the counter-party conducting the face-to-face contact undergo equivalent training program as that of its front-liners undertaking a similar activity. Covered institutions shall likewise monitor and review annually the performance of the counter-party to assist it in determining whether or not to continue with the arrangement.

§ X806.1.e.3. Third party reliance - Where a third party as defined under § X806.2.e.1. has already conducted the requisite face-to-face contact on its own customer who has referred to a covered institution, the latter may rely on the representation of the third party that it has already conducted face-to-face contact provided that the pertinent requirements in § X806.2.e.1 are also met.

§ X806.2. Customer identification - Covered institutions shall establish and record the true identity of its customers based on valid identification document/s specified in § X806.2.c.

§ X806.2.a. New individual customers - Covered institutions shall develop a systematic procedure for establishing the true and full identity of new individual customers and shall open and maintain the account only in the true and full name of the account owner or owners.

Unless otherwise stated in these Rules, average due diligence requires that the covered institution obtain at the time of account opening all the following minimum information and confirming these information with the valid identification documents stated in § X806.2.c. from individual customers and authorized signatory/ies of corporate and juridical entities:

1. Name;
2. Present address;
3. Date and place of birth;
4. Nature of work, name of employer or nature of self-employment/business;
5. Contact details;
6. Specimen signature;
7. Source of funds;
8. Permanent address;
9. Nationality;
10. Tax identification number, Social Security System number or Government Service Insurance Number, if any; and

11. Name, present address, date and place of birth, nature of work and source of funds of beneficial owner or beneficiary, whenever applicable.

§ X806.2.b. New Corporate and Juridical Entities - Covered institutions shall develop a systematic procedure for identifying corporate, partnership and sole proprietorship entities as well as the stockholders/partners/owners, directors, officers and authorized signatory of these entities. It shall open and maintain accounts only in the true and full name of the entity and shall have primary responsibility to ensure that the entity has not been, or is not in the process of being, dissolved, struck-off, wound-up, terminated, or otherwise placed under receivership or liquidation.

Unless otherwise stated in these Rules, average due diligence requires that the covered institution obtain the following minimum information and/or documents before establishing business relationships:

1. Certificates of Registration issued by the Department of Trade and Industry for single proprietors, or by the Securities and Exchange Commission, for corporations and partnerships, and by the BSP, for money chargers/foreign exchange dealers and remittance agents;

2. Articles of Incorporation or Association and By-Laws;

3. Principal business address;

4. Board or Partners’ Resolution duly certified by the Corporate/Partners’ Secretary authorizing the signatory to sign on behalf of the entity;

5. Latest General Information Sheet which lists the names of directors/trustees/partners, principal stockholders owning at least twenty percent (20%) of the outstanding capital stock and primary officers such as the President and Treasurer;

6. Contact numbers of the entity and authorized signatory/ies;

7. Source of funds and nature of business;

8. Name, present address, date and place of birth, nature of work and source of funds of beneficial owner or beneficiary, if applicable; and

9. For entities registered outside the Philippines, similar documents and/or information shall be obtained duly authenticated by the Philippine Consulate where said entities are registered.

§ X806.2.c. Valid identification documents - The following guidelines govern the acceptance of valid ID cards for all types of financial transaction by a customer and the authorized signatory/ies of a corporate or juridical entity, including financial transactions involving Overseas Filipino Workers (OFWs), in order to promote access of Filipino to services offered by formal financial institutions, particularly those residing in the remote areas, as well as to encourage and facilitate remittances of OFWs through the banking system:

(1) Customers and the authorized signatory/ies of a corporate or juridical entity who engage in a financial transaction with covered institutions for the first time shall be required to present the original and submit a clear copy of at least one (1) valid photo-bearing ID document issued by an official authority.

For this purpose, the term official authority shall refer to any of the following:

a. Government of the Republic of the Philippines;

b. Its political subdivisions and instrumentalities;

c. GOCCs; and

d. Private entities or institutions registered with or supervised or regulated either by the BSP, SEC or IC.

Valid Ids include the following:

1. Passport including those issued by foreign governments

2. Driver’s license

3. PRC ID

4. NBI clearance

5. Police clearance

6. Postal ID

7. Voter’s ID

8. Tax Identification Number

9. Barangay certification

10. GSIS e-Card

11. SSS card

12. Senior Citizen card

13. OWWA ID

14. OFW ID

15. Seaman’s book

16. Alien Certification of Registration/Immigrant Certificate of Registration

17. Government office and GOCC ID (e.g., AFP, HDMF IDs)

18. Certification from the NCWDP

19. DSWD certification

20. IBP ID; and

21. Company IDs issued by private entities or institutions registered with or supervised or regulated either by the BSP, SEC or IC.

(2) Students who are beneficiaries of remittances/fund transfers and who are not yet of voting age, may be allowed to present the original and submit a clear copy of one (1) valid photo-bearing school ID duly signed by the principal or head of the school.

(3) Where the customer or authorized signatory is a non-Philippine resident, similar IDs duly issued by the foreign government where the customer is a resident or a citizen may be presented.

(4) A covered institution shall require their customers or authorized signatory to submit a clear copy of one (1) valid ID on a one-time basis only at the commencement of business relationship. They shall require their clients to submit an updated photo and other relevant information on the basis of risk and materiality.

(5) A covered institution may classify identification documents based on its reliability and ability to validate the information indicated in the identification document with that provided by the customer.

(6) Whenever it deems necessary, a covered institution may accept other IDs not enumerated above provided that it shall not be the sole means of identification.

(7) In case the identification documents mentioned above or other identification documents acceptable to the covered institution do not bear any photo of the customer or authorized signatory, or the photo bearing ID or a copy thereof does not clearly show the face of the customer or authorized signatory, a covered institution may utilize its own technology to take the photo of the customer or authorized signatory.

§ X806.2.d. Outsourcing of the gathering of minimum information and/or documents - Except for deposit taking, which is an inherent banking function that cannot be outsourced and subject to existing rules on outsourcing of specified banking activities, a covered institution may, without prior Monetary Board approval, outsource to a counter-party, which may or may not be a covered institution as herein defined, the gathering of the minimum information and/or documents required to be obtained by these Rules provided that the ultimate responsibility for knowing the customer and for keeping the identification documents shall lie with the covered institution and compliance with the following conditions:

For covered institution counter-party:

1. There is a written service level agreement approved by the board of directors of both covered institutions;

2. The counter-party has a reliable and acceptable customer identification system and training program in place; and

3. In line with requirement no. 1, all identification information and/or documents shall be turned over within a period not exceeding ninety days (90) calendar days to the covered institution, which shall carefully review the documents and conduct the necessary risk assessment of the customer.

For non-covered institution counter-party:

1. All conditions required for covered institution counter-party;

2. The covered institution outsourcing the activity shall likewise ensure that the employees or representatives of the counter-party establishing the true and full identity of the customer undergo equivalent training program as that of the covered institution’s own employees undertaking a similar activity.

3. Annual monitoring and review by the covered institution of the performance of the counter-party to assist it in determining whether or not to continue with the arrangement.

§ X806.2.e. Trustee, nominee, agent or intermediary account - Where any transaction is conducted by a trustee, nominee, agent or intermediary, either as an individual or through a fiduciary relationship, a corporate vehicle or partnership, on behalf of a trustor, principal, beneficial owner or person on whose behalf a transaction is being conducted, covered institutions shall establish and record the true and full identity and existence of both the (1) trustee, nominee, agent or intermediary and the (2) trustor, principal, beneficial owner or person on whose behalf the transaction is being conducted. The covered institution shall determine the true nature of the parties’ capacities and duties by obtaining a copy of the written document evidencing their relationship and apply the same standards for assessing the risk profile and determining the standard of due diligence to be applied to both.

In case it entertains doubts as to whether the trustee, nominee, agent, or intermediary is being used as a dummy in circumvention of existing laws, it shall apply enhanced due diligence in accordance with § X806.1.b.

§ X806.2.e.1. Where the Customer Transacts Through a Trustee, Nominee, Agent or Intermediary which is a third party as herein defined (Third Party Reliance) - A covered institution may rely on the customer identification process undertaken by a third party. For purposes of this Subsection, the "third party" shall refer to a (1) covered institution as herein specifically defined and as generally defined by AMLA, as amended, and its RIRR, or (2) a financial institution operating outside the Philippines that is covered by equivalent customer identification requirements. A BSP-accredited custodian may likewise rely in accordance with these Rules on the face-to-face contact and gathering of minimum information to establish the existence and full identity of the customer conducted by the seller or issuer of securities or by the global custodian provided the latter has an equivalent customer identification requirements.

§ X806.2.e.1.a. Third Party is covered institution specifically defined by these Rules and as generally defined by AMLA, as amended, and its RIRR - A covered institution may rely on the identification process conducted by this third party provided that the covered institution shall obtain from the third party a written sworn certification containing the following:

1. The Third Party has conducted the requisite customer identification requirements in accordance with these Rules and its own MLPP including the face-to-face contract requirement to establish the existence of the ultimate customer and has in its custody all the minimum information and/or documents required to be obtained from the customer; and

2. The relying covered institution shall have the ability to obtain identification documents from the Third Party upon request without delay.

§ X806.2.e.1.b. Third Party is a financial institution operating outside the Philippines that is other than covered institutions referred to in § X806.2.e.1.a. but conducts business operations and activities similar to them - All the contents required in the sworn certification mentioned in § X806.2.e.1.a. shall apply with the additional requirement that the laws of the country where the third party is operating has equal or more stringent customer identification process requirement and that it has not been cited in violation thereof. It shall, in addition to performing normal due diligence measures, do the following:

(a) Gather sufficient information about the third party and the group to which it belongs to understand fully the nature of its business and to determine from publicly available information the reputation of the institution and the quality of supervision, including whether it has been subject to money laundering or terrorist financing investigation or regulatory action;

(b) Document the respective responsibilities of each institution; and

§ X806.2.f. Private banking/ Wealth management operations - These services, which by their nature involve high measure of client confidentiality, are more open to the elements of reputational risk especially if the customer identification process is not diligently followed. Covered institutions therefore shall endeavor to establish and record the true and full identity of these customers and establish a policy on what standard of due diligence will apply to them. They shall also require approval by a senior officer other than the private banking/wealth management/ similar activity relationship officer or the like for acceptance of customers of private banking, wealth management and similar activities.

§ X806.2.g. Politically Exposed Person - A covered institution shall endeavor to establish and record the true and full identity of PEPs as well as their immediate family members and the entities related to them and establish a policy on what standard of due diligence will apply to them taking into consideration their position and the risks attendant thereto.

§ X806.2.h. Correspondent banking - Because of the risk associated with dealing with correspondent accounts where it may unknowingly facilitate the transmission, or holding and management of proceeds of unlawful activities or funds intended to finance terrorist activities, covered institutions shall adopt policies and procedures for correspondent banking activities and designate an officer responsible in ensuring compliance with these policies and procedures. A covered institution may rely on the customer identification process undertaken by the respondent bank. In such case, it shall apply the rules on Third Party reliance under § X806.2.e.1., treating the respondent bank as the Third Party as defined therein. In addition, the correspondent bank shall:

(a) Gather sufficient information about the respondent institution to understand fully the nature of the respondent’s business and to determine from publicly available information the reputation of the institution and the quality of supervision, including whether it has been subject to money laundering or terrorist financing investigation or regulatory action.

(b) Assess the respondent institution’s anti-money laundering and terrorist financing controls.

(d) Document the respective responsibilities of each institution.

(e) With respect to "payable-through accounts", be satisfied that the respondent bank has verified the identity of, and performed on-going due diligence on, the customers having direct access accounts of the correspondent and that it is able to provide relevant customer identification data upon request by the correspondent bank.

Correspondent banking customers presenting greater risk, including shell companies, shall be subject to enhanced due diligence.

§ X806.2.i. Fund/Wire transfer - Because of the risk associated with dealing with fund/wire transfers, where a covered institution may unknowingly transmit proceeds of unlawful activities or funds intended to finance terrorist activities, it shall establish policies and procedures designed to prevent it from being utilized for that purpose which shall include, but not limited to, the following:

(a) The beneficiary institution shall not accept instructions to pay-out fund transfers to non-customer beneficiary, unless it has conducted the necessary customer due diligence to establish the true and full identity and existence of said beneficiary. Should the originator and beneficiary be the same person, the beneficiary institution may rely on the customer due diligence conducted by the originating institution provided the rules on Third Party reliance under § X806.2.e.1. are met, treating the originating institution as Third Party as therein defined;

(b) The originating institution shall not accept instructions to fund/wire transfer from a non-customer originator, unless it has conducted the necessary customer due diligence to establish the true and full identity and existence of said originator;

(c) In cross border transfers, if the originator is a high risk customer as herein described, the beneficiary institution shall conduct enhanced due diligence on the beneficiary and the originator. Where additional information cannot be obtained, or any information or document provided is false or falsified, or result of the validation process is unsatisfactory, the beneficiary institution shall refuse to effect the fund/wire transfer or the pay-out of funds without prejudice to the reporting of a suspicious transaction to the AMLC when circumstances warrant;

(d) Whenever possible, manually initiated fund transfer (MIFT) instructions should not be the primary delivery method. Every effort shall be made to provide client with an electronic banking solution. However, where MIFT is utilized, the existing rules on validation procedures as prescribed by Circular No. 436 dated 18 June 2004 shall apply;

(e) Cross border and domestic fund/wire transfers and related message amounting to P50, 000 or more or its equivalent shall include accurate and meaningful originator information. The following are the originator information that shall remain with the transfer or related message through the payment chain:

1. Name of the originator;

2. Address or in its absence the national identity number or date and place of birth of the originator; and

3. Account number of the originator or in its absence, a unique reference number must be included.

(f) Should any wire transfer amounting to P50, 000 or more or its equivalent be unaccompanied by the required originator information, the beneficiary institution shall exert all efforts to establish the true and full identity and existence of the originator by requiring additional information from the originating institution or intermediary institution. It shall likewise apply enhanced due diligence to establish the true and full identity and existence of the beneficiary. Where additional information cannot be obtained, or any information or document provided is false or falsified, or result of the validation process is unsatisfactory, the beneficiary institution shall refuse to effect the fund/wire transfer or the pay-out of funds without prejudice to the reporting of a suspicious transaction to the AMLC when circumstances warrant.

§ X806.2.j. Buyers of cashier’s, manager’s or certified Checks - A covered institution may sell Cashier’s, Manager’s or Certified Checks only to its existing customers and shall maintain a register of said checks indicating the following information:

1. True and full name of the buyer or the applicant if buying on behalf of an entity;
2. Account number;
3. Date of issuance and the number of the check;
4. Name of the payee;
5. Amount; and
6. Purpose of such transaction.

§ X806.2.j.1. Buyers of cashier’s, manager’s or certified checks other than its existing Customer - Where an individual or any entity other than an existing customer applies for the issuance of Cashier’s, Manager’s or Certified Checks, the covered institution shall, in addition to the information required in § X806.2.j., obtain all the identification documents and minimum information required by these rules to establish the true and full identity and existence of the applicant. In no case shall reduced due diligence be applied to the applicant and, where circumstances warrant, enhanced due diligence should be applied.

§ X806.2.j.2. Buyers of cashier’s, manager’s or certified checks in blank or payable to cash, bearer or numbered account - A covered institution may issue cashier’s, manager’s or certified checks or other similar instruments in blank or payable to cash, bearer or numbered account subject to the following conditions:

1. The amount of each check shall not exceed P10, 000;

2. The buyer of the check is properly identified in accordance with its customer acceptance and identification policies and as required under § X806.2.j. and § X806.2.j.1. of these Rules;

3. A register of said checks indicating all the information required under § X806.2.j.

4. A covered institution which issues as well as those which accepts as deposits, said cashier’s, manager’s or certified checks or other similar instruments issued in blank or payable to cash, bearer or numbered account shall take such measure(s) as may be necessary to ensure that said instruments are not being used/resorted to by the buyer or depositor in furtherance of a money laundering activity;

5. The deposit of said instruments shall be subject to the same requirements of scrutiny applicable to cash deposits; and

6. Transactions involving said instruments should be accordingly reported to the AMLC if there is reasonable ground to suspect that said transactions are being used to launder funds of illegitimate origin.

§ X806. 2.k. Second-endorsed Checks - A covered institution shall enforce stricter guidelines in the acceptance of second-endorsed checks including the application of enhanced due diligence to ensure that they are not being used as instruments for money laundering or other illegal activities.

For this purpose, a covered institution shall limit the acceptance of second-endorsed checks from properly identified customers and only after establishing that the nature of the business of said customer justifies, or at least makes practical, the deposit of second-endorsed check. In case of isolated transactions involving deposits of second-endorsed checks by customer who are not engaged in trade or business, the true and full identity of the first endorser shall be established and the record of the identification shall also be kept for five (5) years.

§ X806.2.l. Foreign exchange dealers/ Money changers/ Remittance agents - A covered institution shall require their customers who are foreign exchange dealers, money changers and remittance agents to submit a copy of the certificate of registration issued to them by the BSP as part of their customer identification document. The certificate of registration shall be for each head office, branch, agent, sub-agent, extension office or business outlet of foreign exchange dealers, money changers and remittance agents.

Foreign exchange dealers, money changers and remittance agents customers presenting greater risk, such as shell companies shall be subject to enhanced due diligence.

§ X806.2.m. High risk customer - A customer from a country that is recognized as having inadequate internationally accepted anti-money laundering standards, or does not sufficiently apply regulatory supervision or the Financial Action Task Force (FATF) recommendations, or presents greater risk for crime, corruption or terrorist financing is considered a high risk customer. Information relative to these are available from publicly available information such as the websites of FATF, FATF Style Regional Bodies (FSRB) like the Asia Pacific Group on Money Laundering and the Egmont Group, national authorities like the OFAC of the U.S. Department of the Treasury, or other reliable third parties such as regulators or exchanges, which shall be a component of a covered institution’s customer identification process.

When dealing with high risk customers, a covered institution should take extreme caution and vigilance. In no case shall reduced diligence be applied to high risk customers. On the other hand, in case the covered institution determines, based on its standards, that dealing with the high risk customer calls for, or these rules require, the application of enhanced due diligence, it shall apply the minimum requirements for enhanced due diligence in accordance with § X806.1.b. In all instances of acceptance of a high risk customer, approval of the covered institution’s senior officer shall be necessary.

§ X806.2.n. Shell company/ Shell bank - A covered institution shall undertake banking relationship with a shell company with extreme caution and always apply enhanced due diligence on both the entity and its beneficial owner/s.

Because of the dubious nature of shell banks, no shell bank shall be allowed to operate or be established in the Philippines. A covered institution shall refuse to enter into, or continue, correspondent banking relationship with them. It shall likewise guard against establishing relations with foreign financial institutions that permit their accounts to be used by shell banks.

§ X806.2.o. Numbered accounts - No peso and foreign currency non-checking numbered accounts shall be allowed without establishing the true and full identity and existence of customers and applying enhanced due diligence in accordance with § X806.1.b.

Peso and foreign currency non-checking numbered accounts existing prior to 17 October 2001 shall continue to exist but the covered institution shall establish the true and full identity and existence of the beneficial owners of such accounts and applying enhanced due diligence in accordance with § X806.1.b.

§ X806.2.p. Prohibited accounts - A covered institution shall maintain accounts only in the true and full name of the account owner. The provisions of existing law to the contrary notwithstanding, anonymous accounts, accounts under fictitious names, numbered checking accounts and all other similar accounts shall be absolutely prohibited.

§ X806.3. On-going monitoring of customers, accounts and transactions - Covered institutions shall ensure that they have established the true and full identity of their customers and shall update all identification information and documents required to be obtained by the AMLA, as amended, its RIRR and these Rules of existing customers on the basis of materiality and risk.

With a respect to monitoring of transactions, in order that a covered institution may be able to control and reduce risk associated with money laundering and terrorist financing, it is necessary that it has a system that it will enable it to understand the normal and reasonable account activity of customers and detect unusual or suspicious patterns of account activity. Thus, a risk-and-materiality-based on-going monitoring of customer’s accounts and transactions should be part of a covered institution’s customer due diligence.

§ X806.3.a. Enhanced due diligence - Covered institutions shall apply enhanced due diligence on its customer in accordance with § X806.1.b. if it acquires information in the course of its customer account or transaction monitoring that:

1. Raises doubt as to the accuracy of any information or document provided or the ownership of the entity;

2. Justifies re-classification of the customer from low or normal risk to high-risk pursuant to these Rules or by its own criteria; or

3. Any of the circumstance for the filing of a suspicious transaction exists such as but not limited to the following:

a. Transacting without any underlying legal or trade obligation, purpose or economic justification;

b. Transacting an amount that is not commensurate with the business or financial capacity of the customer or deviates from his profile;

c. Structuring of transactions in order to avoid being the subject of covered transaction reporting; or

d. Knowing that a customer was or is engaged or engaging in any unlawful activity as herein defined.

Where additional information cannot be obtained, or nay information or document provided is false or falsified, or result of the institution shall immediately close the account and refrain from further conducting business relationship with the customer without prejudice to the reporting of a suspicious transaction to the AMLC when circumstances warrant.

C. COVERED AND SUSPICIOUS TRANSACTION REPORTING

Section X807. Covered and Suspicious Transaction Reporting - Covered institutions shall report to the AMLC all covered and suspicious transactions within ten (10) working days from occurrence thereof.

Should a transaction be determined to be both a covered and suspicious transaction, the covered institution shall be required to report the same as a suspicious transaction.

§ X807.1 Deferred reporting of certain covered transactions - Pursuant to AMLC resolution No. 58 dated 25 June 2005 as amended by AMLC Resolution No. 24 dated 18 March 2009, the following are considered as "non-cash, no/low risk covered transactions" the reporting of which to the AMLC are deferred:

1. Transactions between banks and the BSP;

2. Transactions between banks operating in the Philippines;

3. Internal operating expenses of banks;

4. Transactions involving transfer of funds from one deposit account to another deposit account of the same person within the same bank;

5. Roll-overs of placement of time deposit; and

6. Loan/Interest principal payment debited against borrower’s deposit account maintained with the lending bank.

In addition, pursuant to AMLC Resolution No. 292 dated 24 October 2003, covered institutions, other than banks, shall file covered transaction reports (CTRs) on transactions in cash or foreign currency or other monetary instruments (other than checks) or properties. Due to the nature of the transactions in the stock exchange, only the brokers-dealers shall be required to file CTRs and Suspicious Transaction Reports (STRs). The Philippine Stock Exchange, Philippine Central Depository (PCD), Securities Clearing Corporation of the Philippines (SCCP) and transfer agents are exempt from filing CTRs. They are however required to file STRs when the transaction that pass through them are deemed suspicious.

The BSP may consider other transactions as "no/low risk covered transactions" and propose to the AMLC that they be likewise subject to deferred reporting by covered institutions.

§ X807.2. Electronic Monitoring Systems for Money Laundering - UBs and KBs are required to adopt an electronic money laundering transaction monitoring system which at the minimum shall detect and raise to the bank’s attention, transactions and / or accounts that qualify either as CTs or Sts as herein defined.

The system must have at least the following automated functionalities:

1. Covered and suspicious transaction monitoring - performs statistical analysis, profiling and able to detect unusual patterns of account activity;

2. Watch list monitoring - checks transfer parties (originator, beneficiary, and narrative fields) and the existing customer database for any listed undesirable individual or corporation;

3. Investigation - checks for given names throughout the history of payment stored in the system;

4. Can generate all the CTRs of the covered institutions accurately and completely with all the mandatory field properly filled up;

5. Must provide a complete audit trail;

6. Capable of aggregating activities of a customer with multiple accounts on a consolidated basis for monitoring and reporting purposes; and

7. Has the capability to record all STs and support the investigation of alerts generated by the system and brought to the attention of Senior Management whether or not a report was filed with the AMLC.

UBs and KBs with existing electronic system of flagging and monitoring transactions already in place shall ensure that their existing system is updated to be fully compliant with functionalities as those required herein. For this purpose, they shall be given ninety (90) days from effectivity of this Circular within which to make their system fully operational and automated with all the functionalities stated above.

§ X807.3. Manual monitoring - For covered institutions other than UBs and KBs. It need not have an electronic system of flagging and monitoring transactions but shall ensure that it has the means of flagging and monitoring the transactions mentioned in § X807.2. It shall maintain a register of all Sts that have been brought to the attention of Senior Management whether or not the same was reported to the AMLC.

§ X807.4. Electronic Submission of reports - The CTR and STR shall be submitted to the AMLC in a secured manner, in electronic form and in accordance with the reporting procedures prescribed by the AMLC. The covered institutions shall provide complete and accurate information of all the mandatory fields required in the report. In order to provide accurate information, the covered institution shall regularly update customer identification information at least once every three (3) years.

For the purpose or reporting in a secured manner, all covered institutions shall register with the AMLC within ninety (90) days from effectivity of this Circular by directly coordinating with that office for the proper assignment of their institution code and facilitation of the reporting process. All covered institutions that have previously registered need not re-register.

§ X807.5. Exemption from Bank Secrecy Laws - When reporting covered or suspicious transactions to the AMLC, covered institutions and their officers and employees shall not be deemed to have violated Republic Act No. 8791 and other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by any means to any person, the fact that a covered or suspicious transactions report was made, the contents thereof, or any other information in relation thereto. In case of violation thereof, the concerned officer and employee of the covered institution shall be criminally liable in accordance with the provisions of the AMLA, as amended.

§ X807.6. Confidentiality Provision - When reporting CTs and Sts to the AMLC, covered institutions, their directors, officers and employees are prohibited from communicating directly or indirectly, in any manner or by any means, to any person or entity, the media, the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. In case of violation thereof, the concerned officer and employee of the covered institution and media shall be held criminally liable.

§ X807.7. Safe Harbor Provision - No administrative, criminal or civil proceedings, shall lie against any person for having made a CTR or an STR in the regular performance of his duties in good faith, whether or not such reporting results in any criminal prosecution under the AMLA, as amended, its RIRR or any other law.

D. RECORD KEEPING AND RETENTION

Section X808. Record Keeping - All customer identification records of covered institutions shall be maintained and safely stored as long as the account exists. All transaction records, including all unusual or suspicious patterns of account activity whether or not an STR was filed with the AMLC, of covered institutions shall be maintained and safely stored for five (5) years from the date of transaction.

Said records and files shall contain the full and true identity of the owners or holders of the accounts involved in the transactions such as the ID card and photo of individual customers and the documents mentioned in Section X806.2.b. for entities, customer information file, signature card of authorized signatory/ies, and all other pertinent customer identification documents as well as all factual circumstances and records involved in the transaction. Covered institutions shall undertake the necessary adequate security measures to ensure the confidentiality of such file. Covered institutions shall prepare and maintain documentation, in accordance with the aforementioned client identification requirements, on their customer accounts, relationships and transactions such that any account, relationship or transaction can be reconstructed as to enable the AMLC, and / or the courts to establish an audit trail for money laundering.

Whenever a bank engaged in micro-finance operations has tagged a micro-finance client, as defined under BSP regulations, as low risk in accordance with § X806.1.a. the customer’s identification and transaction records shall be retained for five (5) years except that said retention period may be reduced to three years provided that sufficient documents duly support the low risk profile of said customer and the covered institutions keep a record of the names of these low risk customers after the lapse of three (3) years. This Provision is subject to § X808.2. when a money laundering case is filed in court.

§ X808.1. Closed Accounts - With respect to closed accounts, the records on customer identification, account files and business correspondences, shall be preserved and safely stored for at least five (5) years from the date of closure.

§ X807.2. Retention of Records in Case a Money Laundering Case has been filed in Court - If a money laundering case based on any report kept by the covered institution concerned has been filed in court, said file must be retained beyond the five (5) year retention period and until it is confirmed that the case has been finally resolved or terminated by the court.

§ X808.3. Safekeeping of records and documents - The covered institution shall designate at least two (2) officers who will be jointly responsible and accountable in the safekeeping of all records and documents required to be retained by the AMLA, as amended, its RIRR and these Rules. They shall have the obligation to make these documents and records readily available without delay during BSP regular or special examinations.

§ X808.4. Form of Records - Records shall be retained as originals or copies in such forms as are admissible in court pursuant to existing laws, such as the e-commerce act and its implementing rules and regulations, and the applicable rules promulgated by the Supreme Court.

Adopted Rules of Procedure on Impeachment Trial

2012-07-26T22:13:00.000-07:00

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
S E N A T E
Pasay City
Fifteen Congress
First Regular Session

RESOLUTION NO. 39

RESOLUTION ADOPTING THE RULES OF PROCEDURE ON IMPEACHMENT TRIALS

Resolved by the Senate, To adopt, as it hereby adopts, the following:

RULES OF PROCEDURE ON IMPEACHMENT TRIALS

I. When the Senate receives articles of impeachment pursuant to Article XI, Sections 2 and 3 of the Constitution, the President of the Senate shall inform the House of Representatives that the Senate shall take proper order on the subject of impeachment and shall be ready to receive the prosecutors on such time and date as the Senate may specify.

Senator Judges as they say an opening prayer a few minutes before session starts

II. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside but shall not vote. Notice shall be given to him by the President of the Senate of the time and place fixed for the consideration of the articles of impeachment, with a request to attend. The Chief Justice shall be administered the oath or affirmation, prescribed under these Rules, by the President of the Senate and shall preside over the Senate during the consideration of said articles and upon the trial of the person impeached.

The President of the Senate shall preside in all other cases of impeachment and, for that purpose, placed under the prescribed oath or affirmation by any person authorized by law to administer an oath.

III. Before proceeding to the consideration of the articles of impeachment, the Presiding Officer shall administer the prescribed oath or affirmation to the Members of the Senate then present and to the other Members of the Senate as they shall appear, whose duty it shall be to take the same.

Upon presentation of the articles to the Senate, the Senate shall specify the date and time for the consideration of such articles. Unless the Senate provides otherwise, it shall continue in session from day to day (except Saturdays, Sundays, and nonworking holidays) until final judgment shall be rendered, and so much longer as may, in its judgment, be necessary.

Senators shall observe political neutrality during the course of the impeachment trial. "Political neutrality" shall be defined as exercise of public official's duty without unfair discrimination and regardless of party affiliation or preference.

IV. The Presiding Officer shall have the power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, and writs authorized by these Rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.

V. The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, and judgments, to preserve order, and to punish in a summary way contempts of, and disobedience to, its authority, orders, mandates, writs, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant-at-Arms of the Senate, under the direction of the President of the Senate, may employ such aid and assistance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, and writs of the Senate.

VI. The President of the Senate or the Chief Justice when presiding on the trial may rule on all questions of evidence including, but not limited to, questions of materiality, relevancy, competency or admissibility of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless a Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision after one contrary view is expressed; or the Presiding Officer may at his/her option, in the first instance, submit any such question to a vote of the Members of the Senate. The motion for a vote and the contrary opinion shall not take more than two (2) minutes each, with a one minute rebuttal allowed for the proponent of the motion. The provisions of the Rules of the Senate and the revised Rules of Court shall apply suppletorily whenever applicable.

VII. Upon the presentation of articles of impeachment and the organization of the Senate as hereinbefore provided, a writ of summons shall be issued to the person impeached, reciting or incorporating said articles, and notifying him/her to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and to file his/her Answer to said articles of impeachment within a non-extendible period of ten (10) days from receipt thereof; to which the prosecutors may Reply within a non-extendible period of five (5) days therefrom; and to stand to and abide by the orders and judgments of the Senate.

Such writ shall be served by such officer or person named in the order thereof, not later than three(3) days prior to the day fixed for such appearance of the person impeached, either by the delivery of an attested copy thereof to the person impeached, or if personal service cannot be done, service of the writ may be made by leaving a copy with a person of sufficient age and discretion at his/her last known address or at his/her office or place of business; and if the service of such writ shall fail the proceedings shall not thereby abate, but further service may be made in such manner as the Senate shall direct. If the person impeached, after service, shall fail to appear, either in person or by counsel, on the day so fixed or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed nevertheless as upon a plea of not guilty. If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings.

VIII. At the date and time designated by the Senate for the return of the summons against the person impeached, the Secretary of the Senate shall administer the following oath or affirmation to the returning officer:

"I, __________________, do solemnly swear (or affirm) that the return made by me upon the process issued on the _______ day of ______________, by the Senate of the Philippines, against ________ __________ was truly made, and that I have performed such service as therein described: (So help me God)." Which oath or affirmation shall be entered at large on the records.

IX. The person impeached shall then be called to appear and answer the articles of impeachment against him/her. If he/she appears, or any person for him/her, the appearance shall be recorded, stating particularly if by himself/herself, or by agent or counsel, naming the person appearing and the capacity in which he/she appears. If he/she does not appear, either personally or by agent or counsel, the same shall be recorded.

X. At 2 o'clock in the afternoon, or at such other hour as the Senate may order, of the day

appointed for the trial of an impeachment, the legislative business of the Senate, if there be any, shall be suspended, and the Secretary of the Senate shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment trial of ________ _________, in the Senate Chamber.

XI. Unless otherwise fixed by the Senate, the hour of the day at which the Senate shall sit upon the trial of an impeachment shall be 2 o'clock in the afternoon; and when the hour shall arrive, the Presiding Officer upon such trial shall cause proclamation to be made, and the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate as a legislative body.

XII. The Secretary of the Senate shall record the proceedings in cases of impeachment as in the case of legislative proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate.

XIII. Counsel for the parties shall be admitted to appear and be heard upon an impeachment:

Provided, That counsel for the prosecutors shall be under the control and supervision of the panel of prosecutors of the House of Representatives.

XIV. All motions, objections, requests, or applications whether relating to the procedure of the Senate or relating immediately to the trial (including questions with respect to admission of evidence or other questions arising during the trial) made by the parties or their counsel shall be addressed to the Presiding Officer only, and if he, or any Senator, shall require it, they shall be committed to writing, and read at the Secretary's table.

XV. Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the other side.

XVI. If a Senator is called as a witness, he/she shall be sworn, and give his/her testimony standing in his/her place.

XVII. If a Senator wishes to put a question to a witness, he/she shall do so within two (2) minutes. A Senator may likewise put a question to a prosecutor or counsel. He/she may also offer a motion or order, in writing, which shall be submitted to the Presiding Officer.

XVIII. At all times while the Senate is sitting upon the trial of an impeachment the doors of the Senate shall be open to the public. Silence shall be observed by the visitors at all times, on pain of eviction from the trial venue.

The Presiding Officer and the Members of the Senate shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial. The same shall likewise apply to the prosecutors, to the person impeached, and to their respective counsel and witnesses.

XIX. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour on each side, unless the Senate otherwise orders.

XX. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two (2) persons on each side (unless otherwise ordered by the Senate upon application for that purpose), and the argument shall be opened and closed on the part of the House of Representatives.

XXI. The trial of all the articles of impeachment shall be completed before the Senators vote on the final question on whether or not the impeachment is sustained. On the final question whether the impeachment is sustained, the vote shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of all the Members, a judgment of acquittal shall be entered; but if the person impeached in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of all the Members,

the Senate shall proceed to pronounce judgment of conviction, and a certified copy of such judgment shall be deposited in the Office of the Secretary of the Senate. A motion to reconsider the vote by which any article of impeachment is sustained or rejected shall not be in order.

Form of putting the question on each article of impeachment.

The Presiding Officer shall first state the question. Thereafter, each Senator, as his/her name is called, shall rise in his/her place and answer: guilty or not guilty. The vote of the President of the Senate on each article of impeachment, when acting as the presiding officer, shall be last taken after all the Senators have stated their votes. If he/she so wishes, a Senator may explain his/her vote for not more than two (2) minutes.

XXII. All the orders and decisions may be acted upon without objection, or, if objection is heard, the orders and decisions shall be voted on without debate by yeas and nays, which shall be entered on the record, subject, however, to the operation of Rule VI, and in that case no Member shall speak more than once on one question, and for not more than ten (10) minutes on an interlocutory question, and for not more than fifteen (15) minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the Members present. The fifteen minutes herein allowed

shall be for the whole deliberation on the final question, and not on the final question on each article of impeachment.

XXIII. Witnesses shall be sworn in the following form:

"You _______________, do swear (or affirm, as the case may be) that the evidence you shall give in the case now pending between the Philippines and ________ _________, shall be the truth, the whole truth, and nothing but the truth: (so help you God)."

Which oath or affirmation shall be administered by the Secretary of the Senate, or any other duly authorized person.

Form of a subpoena to be issued on the application of the prosecutors of the impeachment, or of the party impeached, or of his/her counsel.

To ________ __________,

Greetings:

You are hereby commanded to appear before the Senate of the Philippines, on the ______ day of ___________, at the Senate Chamber in ____________________, then and there to testify your knowledge in the case which is before the Senate in which the House of Representatives has impeached ___________, and to bring with you the following ___________, it being necessary to use the same as testimony. Fail not.

Witness _______ ________, and Presiding Officer of the said Senate at _____________, Philippines, this ___ day of _______, in the year of our Lord ___________________.
Presiding Officer of the Senate

Form of direction for the service of said subpoena.

The Senate of the Philippines )

To ________ __________,

Greetings:

You are hereby commanded to serve and return the within subpoena according to law. Dated at ___________, this ______ day of ______, in the year of our Lord ______________.

Secretary of the Senate

Form of oath to be administered to the Members of the Senate and the Presiding Officer sitting in the trial of impeachments.

"I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ______ ______, now pending, I will do impartial justice according to the Constitution and laws of the Philippines: (So help me God)."

Form of summons to be issued and served upon the person impeached.

REPUBLIC OF THE PHILIPPINES ) S.S.

The Senate of the Philippines )

To ________ __________,

Greetings:

Whereas the House of Representatives of the Philippines did, on the ____ day of ________, present to the Senate articles of impeachment against you, the said ______ ______, in the words following:

[Here insert the articles]

And demand that you, the said ________ ________, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice.

You, the said ________ ________, are therefore hereby summoned to be and appear before the Senate of the Philippines, at their Chamber in _______________, on the ____ day of __________________, at ____ o'clock ____, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the Philippines shall make in the premises according to the Constitution and laws of the Philippines. Hereof you are not to fail.

Witness _______ ________, and Presiding Officer of the said Senate at ______________, Philippines, this ___ day of _______, in the year of our Lord __________________.
Presiding Officer of the Senate

Form of Order to be indorsed on said writ of summons.

REPUBLIC OF THE PHILIPPINES ) S.S.

The Senate of the Philippines )

To ________ __________,

Greetings:

You are hereby commanded to deliver to and leave with ________ __________, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this order; and in whichsoever way you perform the service, let it be done at least ____ days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and order, with your proceedings thereon endorsed, on or before the appearance day mentioned in the said writ of summons.

Witness _______ ________, and Presiding Officer of the said Senate at ______________, this ___ day of _______, in the year of our Lord __________________.

Presiding Officer of the Senate

All process shall be served by the Sergeant-at-Arms of the Senate, unless otherwise ordered by the Senate.

XXIV. If the Senate shall, at any time, fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.

XXV. These Rules shall take effect immediately upon publication in two (2) newspapers of general circulation and shall remain in force until amended or repealed. A copy of these Rules shall be posted on the official website of the Senate of the Philippines.

Adopted,
JUAN PONCE ENRILE
President of the Senate
This Resolution was adopted by the Senate on March 23, 2011.
EMMA LIRIO-REYES
Secretary of the Senate

Testimonial Dinner Speech

2012-07-26T20:58:00.000-07:00

One thing that I was sure of when I enrolled in the College of Law was that I AM GOING TO BE A LAWYER. As others would say, if you want to be a lawyer, you should not only aspire for it. You should WANT it more than anything else because if you desperately heed to be a lawyer, as Paulo Coelo said, everything in the universe will conspire to make you become one.

Becoming a lawyer is a destiny. I believe that God, long before I was born, planned for me to become a lawyer. This mystery became apparent at times when I experienced difficulties in my studies. A perfect example of which was when I was in my sophomore year in the College of Law. That year, I badly needed to find a job, a teaching job in particular in order to pay for my tuition fees. I applied in all of the universities and colleges in Naga City but all of which did not respond favourably to my applications. However, at the time when I was able to accept my fate, here comes Atty. ANN BARRION, looking for a paralegal for Carpio and General Law Offices. And so, I applied, was admitted, and stayed with the law office for 2 years. After Carpio and General, I again applied as a paralegal for Atty. GualbertoManlagnit. I stayed for another year until I reviewed for the BAR in April 2011.

If God did not lead me to these people, I could have never passed the bar this year. Atty. Ruben General and Atty. GualbertoManlagnit played a huge part in honing me to become a lawyer. Both men shared their skills and legal knowledge to me, a would-be neophyte in the legal profession. Atty. General taught me how to handle stress, pressure, and worry with grace. He taught me how to deal with people in a firm yet diplomatic manner. He taught me how to make pleadings, affidavits, contracts and other legal documents. He taught me how to meet deadlines and how to defeat the same. Atty. Manlagnit, on the other hand, enhanced my skills in pleading making. With Atty. Manlagnit, my writing skills became bolder and unflinchingly creative.

When I was in law school, I do not have time to study. And even if I have time, I never really studied seriously. That is why, when I was in my senior year, I got worried about taking the 2011 BAR Exams. Luckily, God used his magic wand again when Justice Abad, the chairman of 2011 Bar Exams, changed the examination format from essay type to MCQ’s and pleading making. Therefore, I found myself in the lead; I had the edge since I have a working knowledge of the 2^nd part of the exam. When Atty. Manlagnit learned of this crucial development in the Bar, he passed all major pleadings to me. He taught me to use simple words, shorter sentences and shorter paragraphs. He has given me pointers on how to deliver a knockout punch at the start and in the end of each pleading. These became very handy during the second part of the BAR exam.

I was able to enrol in San Sebastian College, Manila, because my brother shouldered the board and lodging expenses. My allowance was charged to my parents, auntie Claire and Da.

I only studied seriously during the review proper. I study for 7 to 8 hours everyday, Monday to Sunday. I never entertained a day-off. My rest time was intended for teleseryes. At times, the dorm-in-charge at St. Rita’s Convent, would scold me since I was the only reviewee who regularly watches the TV starting from Anna Manalastas, Mara Clara to My Binondo Girl. She thought that I do not study enough since I still had time to watch TV while the other reviewees were locked up in their rooms studying. She does not know, however, that I spend the entire day reading my books inside my room. Thus, she was really surprised when she came to know that I passed the BAR. Thanks to ABS!

During the review, I realized that we, UNCEANS, were not left behind by Manila law Schools. In the Dorm where I, Atty. Lheila, and Atty. Fela stayed, we realized that UNCEANS know more than the other reviewees. I think this is because our beloved Dean Corazon Tordilla gave us a good line-up of professors. As a proof, the examinations in Political Law was all Atty. Rommel Castro’s. Civil Law relatively became very easy due to the dedication of Atty. Bolivar, Judge Rosales and Judge Navarro. No wonder, Civil Law was my highest grade at 81%. Although Mercantile law was difficult, said subject was my 2^nd highest grade at 80% flat, thanks to Sir Bolivs again!My grade in Taxation was also anchored unbelievably at 80%. I am grateful thatI do not have any failing grade in all parts of the exam. This I owe to my professors in law school and to UNC.

To the undergraduates of the UNC College of Law, my advice would be as follows:

1. Believe, right from the moment you enrolled in law school, that God has a great plan for you. Everything that happens in your life is for a reason, a way of revealing your destiny. When I pray, during the review and thereafter, I always request that God should also want me to become a lawyer. I know that I should not be the only person to want this. God must want it for me too because if he does it means that he could use me as an aid to administer justice. ParangsiSailormoon! Tagapagtanggolngpag-ibig at katarungan!

2. Secondly, study just enough. Do not strain yourself too much since we mortals are exposed and vulnerableto limitations unless feeling mosi superman ka! Seven to eight hours a day is all you need. The brain will not be able to record too much information in one sitting for a straight 12 hours. Study for 2 hours then rest or sleep for 15 minutes. Scientifically, the brain records what you have read more efficiently if you take a nap after 2 hours of studying. Also study with a schedule and be faithful to it.

3. Thirdly, do not pile up review materials which you do not need. You must know that the contents of these materials are all the same. They just differ with the way of presentation by the author.

4. Lastly, share what you know. What I did during the review was to teach people on how to write the memorandum. I shared samples and tips to my dorm mates and to my review classmates. In fact, one of my seatmates during the review made it to the top 4! Atty. Rosemill of Davao was a CPA and she was very good in MCQ’s. However, she was not a writer and so I volunteered to teach her on how to make a memorandum and a legal opinion. In return, she would also teach me Mercantile Law. And so, I was very proud and pleased that she landed on the 4^th spot! I also taught my UNC classmates pleading making somewhere in Cubao. I came up with a tabulated simple guide on how to make a memorandum and shared the same to my classmates. Atty. FloranteEncisoand Atty. Olive Arce, who was also a paralegal, were parts of that group.

I especially dedicate this triumph to my late LOLO ANTENOGENES, to my parents and younger siblings, to DA, to Nu Kappa Phi-Nu Kappa Beta Honor Fraternal Organization, to UNC Law School and to my hometown Calabanga.

I have a lot to share to you, but I think I do not have any time left. Thus, I will end this speech with one last BANAT!

UNC GRADUATE KA BA? EH KASI SA BAR EXAM, SIGURADO, PAPASA KA! :D

2012 BAR Examination Results

2012-07-26T20:40:00.000-07:00

1 . ABAD, Cernick S
2 . ABAD, Rino E
3 . ABAGAT, Hazel V
4 . ABALOS, Dowelson M
5 . ABAN, Richard Bobot F
6 . ABAPO, Lovely S
7 . ABARCA, Rodvick J
8 . ABARQUEZ, Anna Melissa F
9 . ABAS-REGANION, Maria Liezelda G
10 . ABASQUEZ-FELASOL, Elizabeth B
11 . ABASTILLAS, JR., Renato M
12 . ABAYON, II, Harlin Gleeperf J
13 . ABDON, Lynette C
14 . ABDULLAH, Ahmad-ali M
15 . ABEAR, Harold C
16 . ABELLANA-CEMPRON, Lourdes G
17 . ABELLANO, Shella L
18 . ABELLO, Christian L
19 . ABENES, Maria Victoria A
20 . ABESA, Ivan D
21 . ABEYA, Alem-eman Chisum L
22 . ABIANG, Rio Nila L
23 . ABLANQUE, Kerth Jossef M
24 . ABLONG, Joshua Francisco J
25 . ABOGA-A, Jovan S
26 . ABOT, Geneses R
27 . ABRAGAN, Scarlette Rose C
28 . ABRAGAN, II, Albert Ignatius C
29 . ABRIGO, Aldren D
30 . ABSIN, Zerah Marie B
31 . ABU, Christine Joy A
32 . ABUDA, Rufino V
33 . ABULENCIA, Juvielyn S
34 . ABULON, Jason C
35 . ACANA, Katrina Q
36 . ACEDERA, Jericho U
37 . ACERET, Chenaide P
38 . ACEVEDO, Pulchra Marie E
39 . ACOSTA, Eireene Xina M
40 . ADAME, Zaremelle D
41 . ADARLO, JR., Julian E
42 . ADDAMO, Edwardo Dewey M
43 . ADDURU-AMAN, Roxanne Mia A
44 . ADEVA, Dino A
45 . ADORABLE, Anne Lorraine C
46 . ADRANEDA, Maria Joy Karen G
47 . ADVINCULA-SAMSON, Marichu P
48 . AGARAO, Zenon C
49 . AGAS, Dorada Lori P
50 . AGBON-FAYTAREN, Demia Ann A
51 . AGODON, Christiann Leonard P
52 . AGONCILLO, Donna Angela SP
53 . AGRA, Dante Jerome U
54 . AGUILAN, Elizabeth Karla P
55 . AGUILAR, Katlyn Anne C
56 . AGUILAR, JR., Romeo L
57 . AGUILLON, Gilbert V
58 . AGUIRRE, Jessaida Starla T
59 . AGUISANDA, Angelica Socorro A
60 . AGULLO, Michelle A
61 . AGURA, Marichu A
62 . AGUSTIN, James Bryan O
63 . AGUSTIN, Liberty J
64 . AKOT, Shaun Cary M
65 . ALAGDE, Jude Cornelio L
66 . ALAGON, Marah B
67 . ALAPIT, Lemwel L
68 . ALAVE, JR., Dionesio T
69 . ALAYON, Eugene D
70 . ALBA, Voltaire M
71 . ALBAN, Jose Aurelio B
72 . ALBANIEL, Annaliza C
73 . ALBANO, Jay Jay A
74 . ALBAYALDE, Carmelo B
75 . ALBEOS, Vincent Deo F
76 . ALBERTO, Catherine May L
77 . ALBINO, Rhyan Petrose A
78 . ALBON, Lauro A
79 . ALCANTARA, Andrew Joshua B
80 . ALCANTARA, Cristina T
81 . ALCARAZ, Alper John G
82 . ALEGRIA, Marigold A
83 . ALEJANDRINO, Joseph Gandhir Kagi P
84 . ALFAR, Roselo M
85 . ALFELOR, Antonio Andre R
86 . ALFONSO, Marvic C
87 . ALI, Jahara A
88 . ALICANTE, JR., Rufino A
89 . ALILING, Jose Luis Z
90 . ALIM, Ayla V
91 . ALIMAN, O’hara S
92 . ALINSANGAN, Sheila Mae M
93 . ALIS, Raymon Y
94 . ALIVIADO, Chalm C
95 . ALJENTERA, Teresita H
96 . ALLIENDA, JR., Justiniano L
97 . ALMACHAR, Jonalyn R
98 . ALMENDRA, Fiel Y
99 . ALMONTE, Maricon A
100 . ALTAMERA, Jennifer C
101 . ALUGAR, Marie Chres M
102 . ALVARADO, Lyndell P
103 . AMACNA, Fidel C
104 . AMAGO, IV, Bernardino T
105 . AMERIL, Nadzma M
106 . AMPAGUEY, Holy T
107 . AMSAWA, Mohammad Ahmad N
108 . AMUASEN, Johannes A
109 . ANAAS, Franklin D
110 . ANCAJAS, JR., Lyndon Y
111 . ANCHETA, Danniel James M
112 . ANCHETA, Edward Dale D
113 . ANDAM, Analia S
114 . ANDRES, Carla N
115 . ANDRES, Diane Angeli S
116 . ANDRES, Ma. Rowena S
117 . ANG, Joseph Y
118 . ANG, Kazimir Kira R
119 . ANGARE, Anathalia B
120 . ANGELES, Ada Victoria D
121 . ANGELES, Enrico Errol D
122 . ANGELIO, II, Ramon M
123 . ANGKAYA-KUHUTAN, Salma F
124 . ANGLIONGTO,, Candy May S
125 . ANGULO, Belinda G
126 . ANGUSTIA, Joshua Paul S
127 . ANI, Dane Neil G
128 . ANINANG, Maricel T
129 . ANSALDO, Evita Magnolia I
130 . ANSANO, Khalid D
131 . ANTIG, Eir Peirre Alleistair L
132 . ANTIPATIA, Maria Conchita D
133 . ANTOLIN, Jeanne Marisse Theodora C
134 . ANTONIO, Desiree Charmaine Q
135 . ANTONIO, JR., Salvador F
136 . APAO, Michelle Lyn A
137 . APOSTOL, Lloyd Elgene A
138 . APOSTOL, Roxan G
139 . AQUINO, Louie Bernard C
140 . AQUINO, Marla Luisa B
141 . AQUINO, Rizza A
142 . AQUINO, Roderick R
143 . AQUINO, Rodolfo Q
144 . AQUISIO, Richard P
145 . ARAGONES, Junine L
146 . ARANDA, Julie Ann L
147 . ARANETA, Warme P
148 . ARBOLADO, Charmaine V
149 . ARCE, Oliva C
150 . ARCE, Ray Patrick M
151 . ARCENAS, Dorothy F
152 . ARCILLA, Broderick C
153 . ARCILLA, Juan Antonio E
154 . ARELLANO, Joanna R
155 . ARELLANO, Renelyn J
156 . ARENAJO, Bernadette N
157 . AREVALO, Ma. Donna V
158 . ARIOLA, Hazel Bachz B
159 . ARISTON, Jacklyn M
160 . ARISTOTELES, Mary Jane P
161 . ARLOS, Jamie Andrea Mae Y
162 . AROCO, Steve M
163 . ARQUERO, Josef Bertrand L
164 . ARRIETA, Chiqui C
165 . ARRIETA, Ryan H
166 . ARTETA, Sheena Ester P
167 . ASERON, Kathleen S
168 . ASILO, Francis Alvin V
169 . ASTILLA, Andrew C
170 . ASUNCION, Euvimil Nina R
171 . ASUTEN, Michael L
172 . ATABUG, Marian E
173 . ATADERO, Raoul Angelo D
174 . ATANACIO, JR., Ricardo Y
175 . ATANGAN, Mishiele O
176 . ATCHECO, April Lorelei A
177 . ATIENZA, Donabel D
178 . AUMENTADO, Arnel Rafael R
179 . AURE, Gary C
180 . AUSA, Siegfried A
181 . AUSTRIA, Vienna Maria R
182 . AVILA, Cristina R
183 . AVILA, Gail B
184 . AVILA, Lee Agerico B
185 . AVILA, Maria Theresa O
186 . AVILA, Paul Agerico B
187 . AWE, Crisyrel P
188 . AWIT, Elma L
189 . AZORES-LINA, Rhodora P
190 . AZURA, Jonas Julius Caesar N
191 . BABAN, Jason B
192 . BABAO, Brenda Lyn E
193 . BABAO, Noniesah A
194 . BABATID, Jezreel M
195 . BABIERRA, Michael Tristan R
196 . BABOR-LIWANAG, Jimiebe M
197 . BACARRA, Arnel P
198 . BACAY, Leonil Anthony S
199 . BACCAY, Cora Leah R
200 . BACCAY, Joseph L
201 . BACILES, Marson U
202 . BACOMO-LAPITAN, Annavie E
203 . BACUD, Charlene D
204 . BACULIO, Carmelita Rita R
205 . BACUYAG, Nestor E
206 . BAENA, Joselito Thomas Ghadry P
207 . BAGBAGEN, Gat Anthony S
208 . BAGUILAT, Raymond Marvic C
209 . BAGUIOEN, Maan Grace A
210 . BAJARLA, Amor Condeo T
211 . BALACANO, Angela Lysa L
212 . BALAGAPO, James P
213 . BALAGBAG, Alvin John F
214 . BALAHIM, Sittie Mariam I
215 . BALANE, Dominic John B
216 . BALANQUIT, Cherry L
217 . BALARBAR, Jenifer C
218 . BALBOA, Lumen P
219 . BALBUENA, Raymond Joel L
220 . BALDAGO-FAUSTINO, Olive Diane R
221 . BALDEMOR, Ma. Cristina Aurora C
222 . BALDEO, Rexember B
223 . BALDERAS, Jardine Kay E
224 . BALDERAS, JR., Donato D
225 . BALDOZA, Dianne Margarette N
226 . BALIDO-AGGABAO, Joana Marie S
227 . BALINTEC, Ellen Michelle C
228 . BALISACAN, JR., Renato R
229 . BALITA, Ruth L
230 . BALLENA, JR., Danilo G
231 . BALLESTEROS, Lloyd Czar M
232 . BALLICUD, Christalyn A
233 . BALMEDIANO, Jeriel P
234 . BALMORES, Jesus D
235 . BALOIS, Edgardo Roman Manuel C
236 . BALOT, Sheryl F
237 . BALUYOT, Jose Marie M
238 . BANDAL, Ivan M
239 . BANGGOLAY, JR., Valeriano M
240 . BANGI, Ray John E
241 . BANIQUED, JR., Angel M
242 . BANSILOY, Ericson Nery T
243 . BARAYUGA, Joanalyn S
244 . BARBACENA, Ana Mei S
245 . BARBERO, Mary Leizl C
246 . BARLAN, Christian Arvin S
247 . BARON, John Evan V
248 . BARONE, Marc Edward P
249 . BARRAIRO, Nathaniel C
250 . BARRION, Julie Ann B
251 . BARRO, Monalisa L
252 . BARROZO, Doris C
253 . BARTOLOME, Freda F
254 . BASADRE, Maribel D
255 . BASCAO, Rosalina U
256 . BASILOY, Almira E
257 . BASMAN, Anna Tarhata S
258 . BASSIG, Richardson A
259 . BATALLA, Rene Francis P
260 . BATHAN, Bernadette DC
261 . BATISAN, Lady Jane G
262 . BATTUNG, Sherwin G
263 . BAURILE-MALABANAN, Imee B
264 . BAUTISTA, Ana Cecilia D
265 . BAUTISTA, Demosthenes R
266 . BAUTISTA, Gerald Enrico P
267 . BAUTISTA, Lovelika T
268 . BAUTISTA, Ma. Nessa M
269 . BAUTISTA, Rommel P
270 . BAUTISTA, Rosario R
271 . BAUTISTA-BUCCAT, Danica A
272 . BAWAGAN, Jaime P
273 . BAYANG, Marvin Jason N
274 . BAYARAS, Jeremy John C
275 . BAYBAY, Benedict Dominic Q
276 . BAYON, Febhay P
277 . BAÑAGA, Rosemil R
278 . BEJAR, Jed Allan R
279 . BELEN, JR., Alfredo L
280 . BELGIRA, Rhoan Louiege B
281 . BELLEN, Arnel B
282 . BELLEZA, JR., Florante L
283 . BELLO, Diana Lyn B
284 . BELTRAN, Jo Anne B
285 . BENDIJO, Chris Noel A
286 . BENDOVAL, Wendell P
287 . BENEDICTO, JR., Leonardo R
288 . BENGWAYAN, Brenner L
289 . BENITEZ, Michelle S
290 . BEREDO, Reynold S
291 . BERMAS, Herbert Rodulf N
292 . BERMUDEZ, Jean Marionne A
293 . BERNABE, Sherry Lou R
294 . BERNABE, III, Ricardo P
295 . BERNABE, JR., Jesus Roberto D
296 . BERNALDEZ, Ma. May Shidee N
297 . BERNARDO, Michelle G
298 . BERSABE, Ma. Vergel C
299 . BIASON, Ana Sofia A
300 . BIDAD, Rochelle T
301 . BINONDO, Marian A
302 . BIONA, Delor P
303 . BISAHAN, Ria Faith N
304 . BITAO, Jayferson M
305 . BLANCO, Cyril Casey G
306 . BOACON, Carlo Oscar P
307 . BOADO, Romina E
308 . BOISER, Carm Albert A
309 . BOLAÑOS, Dorothy D
310 . BOLO-ESCOVILLA, Chillete B
311 . BOLONG, Luz Danielle O
312 . BOLONG, Marie Diane O
313 . BONBON, Arvin L
314 . BONCODIN, Fernando Joshua A
315 . BONGCARON, Kristine R
316 . BORGOÑOS, Anna Paula A
317 . BORJA, Paolo Miguel T
318 . BOTAWAN, Abdul Jabbar M
319 . BOYLES, Marvin O
320 . BRANIA, Jorge S
321 . BRAZIL, Virginia A
322 . BRINGAS, Marianne I
323 . BRIONES, John Russel A
324 . BRITANICO, Julia Anna M
325 . BROMEO-ORDUÑA, Kathleen Ann S
326 . BROÑOLA, Arniel H
327 . BUDADEN, Jonathan R
328 . BUDUHAN, Cristiflor D
329 . BUGAYAO, Margarita A
330 . BUGNOSEN, Aileen S
331 . BULACLAC, Rowena L
332 . BULAN, Christopher C
333 . BULAQUEÑA, Ma. Christine Joy H
334 . BULSO, Brenie D
335 . BUMATAY, Ejay A
336 . BUOT, Merian V
337 . BURTON, Noel Rafael L
338 . BUSTRIA, Tria Jean L
339 . CABAHUG, Christiansen D
340 . CABASA, Theo Joseph N
341 . CABATBAT, Argel Joseph T
342 . CABAÑERO, Mesael L
343 . CABELIN, III, Marcelo G
344 . CABILES, Joseph R
345 . CABLAO, Vincent A
346 . CABOCHAN, Emma Theresa M
347 . CABRADILLA, Precious M
348 . CABRERA, Sarah T
349 . CABREROS, Deo Angelo D
350 . CABRIA, Gelene Mae L
351 . CABUNGAN, Efrile C
352 . CACAPIT, Nathaniel G
353 . CACHOLA, JR., Ricardo B
354 . CADAUAN, Abigale Claydz P
355 . CAEG, Caterina Isabel C
356 . CAET, JR., Meliton R
357 . CAGAMPAN, Baltazar Ansberto L
358 . CAGANG, Libertine G
359 . CAGAT-CAGAT, Alma G
360 . CAGAYAN, Betrand Hans B
361 . CAHILIG, Garry O
362 . CAIN, Mia Gretchen J
363 . CAINDAY, Raquel A
364 . CAJIPE, Edsel G
365 . CALALANG, Angelita S
366 . CALAMAY, Novie Y
367 . CALANOG, Edwin Maurice M
368 . CALANOY, Carolyn M
369 . CALAPRE, Brenjune Bliss G
370 . CALAPRE, Maricar O
371 . CALIDA, Mark Jorel O
372 . CALIMAG, Arnel L
373 . CALIMAG, Erinne Ann B
374 . CALLAO, Terrence Anton T
375 . CALMERIN, Rex D
376 . CALONGE, Anne Marie N
377 . CALSIYAO, May Frances S
378 . CALUB, Ariel Ross L
379 . CALUMPANG, Florida G
380 . CAMARINES, Marc Anito L
381 . CAMBALIZA, Charles Romulus A
382 . CAMILING, Gwen Noreen A
383 . CAMIÑA, Jefferiz Bryan A
384 . CAMMAYO, Romano P
385 . CANDIDO, Rea Abigail M
386 . CANIEDO, Katrene Jade O
387 . CANILAO, Michael Angelo S
388 . CANLAS, Edzel Bert B
389 . CANOBAS, Gileen V
390 . CANON, JR., Raul E
391 . CANTA, Alvin Prandy T
392 . CAPATI, Giancarlo S
393 . CAPILI-GUINGAB, Maricion B
394 . CAPRICHO, I, Jan Roi B
395 . CAPULE, Ma. Niña Bernadette G
396 . CARAYUGAN, Criscelyn B
397 . CARDENAS, Eleanor D
398 . CARIÑO, Mariane Celeste L
399 . CARIÑO, III, Don Gabriel Oligar T
400 . CARONONGAN, Tanya Pamela C
401 . CARREON, Norman C
402 . CASAS, Joyce Grace B
403 . CASASIS, Loyd P
404 . CASIBEN, Solidad L
405 . CASIMIRO, Omar Cris F
406 . CASIPE, Marian Abbie B
407 . CASPE, Mailyn P
408 . CASPELLAN, Pauline Agatha R
409 . CASPILLO, Jose Miguel F
410 . CASTAÑEDA, III, Asisclo A
411 . CASTILAN, Randy F
412 . CASTILLO, Chito N
413 . CASTILLO, Cristina P
414 . CASTILLO, Jeanne Luz R
415 . CASTILLO, Jhoriel T
416 . CASTILLO, Joel S
417 . CASTILLO, Jon Edmarc R
418 . CASTILLO, Nicolo Jose E
419 . CASTRO, Charlotte Fiel P
420 . CASTRO, Christian P
421 . CASTRO, Jenny B
422 . CASTRO, Leevann C
423 . CATRE, Joan Wren S
424 . CATUBAY, Maria Andreameda A
425 . CAUTON, Gideon Elfred A
426 . CAWED, Ana Cristina N
427 . CAWILAN, Ariz Delson Acay D
428 . CAWILAN, Maria Cecilia A
429 . CAYABYAB, Kris Dyan P
430 . CAYANAN, Jojo P
431 . CEBREROS, Marc Titus D
432 . CEBRICUS, Rhoda M
433 . CELOCIA, Jazzie R
434 . CENETA, Feladel R
435 . CERA, Nolisa Blanca O
436 . CERDANA, Lennie Ann C
437 . CERRO, Joy E
438 . CERRO, Mario Bernardo S
439 . CHAVENTE, Aldy V
440 . CHAVEZ, Melissa Ester E
441 . CHAVEZ, Paul Lemuel E
442 . CHENG, Roy E
443 . CHING, Jesselyn Q
444 . CHIU, Irene A
445 . CHOI, Il Young
446 . CHUA, Erni Carlo T
447 . CHUA, Nelson M
448 . CHUA, Rona T
449 . CHUA, Ryan A
450 . CHUMAWAR, JR., Edward F
451 . CIMAFRANCA, Jake
452 . CLAUDEL, Claudette T
453 . CLAVERIA, Xandred Anne D
454 . CLOMA, Marian M
455 . CO, Ashlin Clint L
456 . COCA, Wenelin A
457 . CODERIS, JR., Jovito B
458 . COHERCO, Calvin Ryan O
459 . COLANGAO, Ancelma U
460 . COLEMAN, Francis A
461 . COLLADO, Chillon Dion A
462 . COLLADO, Markneil S
463 . COLLANTES, Anna Consuelo V
464 . COLOMA, JR., Herman M
465 . COLUMNAS, Avril D
466 . CONCEPCION, Ace Jello C
467 . CONCEPCION, Frances Klaire R
468 . CONCEPCION, Giovani C
469 . CONCEPCION, John Ray C
470 . CONCEPCION, Juno Korinna G
471 . CONCEPCION, II, Conrado A
472 . CONEJERO, Joselito V
473 . CONSTANTINO, Maria Theresa D
474 . CONSULTA, Aylward M
475 . CONTACTO, Maria Katrina Nicole C
476 . CONTIGA, Bernes M
477 . COPANUT-PANGWI, Rachel Ginaya W
478 . CORDON, Francesse Joy J
479 . CORDOVA, Fortune Mae C
480 . CORONA, Jhoanna C
481 . CORONADO, Ciane Corrine N
482 . CORONEL, Emil-anton M
483 . CORPUZ, Brian Jay
484 . COSEP, Marnito B
485 . COSI, Lilibeth B
486 . COTARES, Joseph Emmanuel C
487 . COYOCA, Carol G
488 . CRISTOBAL, Ravi Rose S
489 . CRUZ, Christian Renz G
490 . CRUZ, Edel O
491 . CRUZ, Jeric Alvin F
492 . CRUZ, Maria Fatima E
493 . CRUZ, Romina A
494 . CUA, Liezl Y
495 . CUALING, Mar Bianca F
496 . CUARESMA, Eddie C
497 . CUBERO, JR., Fernando B
498 . CUENCA, Jose Fernando B
499 . CUIZON, Lynyrd Christian M
500 . CUKINGNAN, JR., Albert G
501 . CUNANAN, Jose Angelo V
502 . CUNANAN, Therese Anne D
503 . CUNANAN, JR., Rudy D
504 . CURTINA, Jerome A
505 . DA COSTA, Maria Rosario Ana R
506 . DABU, Mary Christine C
507 . DACANAY, Jan Jacob Z
508 . DACATIMBANG, Margaret C
509 . DACAYO-GARCIA, Maria Kristina L
510 . DACILLO, Suzette S
511 . DACQUEL, Benjamin Francis P
512 . DAGDAGAN, Ma. Filipinas E
513 . DAGUNA, Tatiana Lynne N
514 . DAL, Leah Renna B
515 . DALAGAN, Wena Fe P
516 . DALISAY, Eunice G
517 . DALISAY, Sannet Yves Janet P
518 . DALISAY, III, Jose Y
519 . DALLORAN, Gizel Anne B
520 . DALOG, Cyphrine Maxcel Y
521 . DANAO, Jesselton M
522 . DANAS, Julius L
523 . DANICO, Raymond R
524 . DAPAT, Bon Mark C
525 . DAPING, Jerry M
526 . DASAYON-ALUNDAY, Shirlynne B
527 . DATINGALING, Jeff E
528 . DAUD, Zhulaika P
529 . DAUZ, Diane Therese T
530 . DAVID, Louella Pamela M
531 . DAVID, Maria Samantha V
532 . DAVILA, Jose Edward A
533 . DAWA, Mark Anthony A
534 . DAYRIT, Maria Katrina P
535 . DAZA, Natasha C
536 . DAZO, Roan Noreen C
537 . DE ALA, Joker Paul A
538 . DE ALBAN, Asteria Benedicta G
539 . DE ASIS, Vincent Pascal T
540 . DE CASTRO, Jenny A
541 . DE CASTRO, Richard Von L
542 . DE DIOS, Hervy Alejandro B
543 . DE GUZMAN, Arne L
544 . DE GUZMAN, Darius B
545 . DE GUZMAN, Jason Almond P
546 . DE GUZMAN, Jerick V
547 . DE GUZMAN, Kristina H
548 . DE GUZMAN, Leah A
549 . DE GUZMAN, Raul SJ
550 . DE GUZMAN, Ray Ann I
551 . DE GUZMAN, Rosa Margarita A
552 . DE GUZMAN, Venus H
553 . DE JESUS, Veronica Zandra L
554 . DE JOYA, Rose Jennifer A
555 . DE LA CRUZ, Janina B
556 . DE LA CRUZ, Krishtine V
557 . DE LA CRUZ, Marilou C
558 . DE LA CUESTA, Joseph Roman D
559 . DE LEON, Fridah Lara M
560 . DE LEON, Heirridge Kevin N
561 . DE LEON, JR., Bernardo V
562 . DE LIMA, Alexis C
563 . DE LIMA, JR., Alfredo S
564 . DE LOS ANGELES, Dino Ricardo T
565 . DE LOS SANTOS, Elaine B
566 . DE LUNA, Mac Lee L
567 . DE TORRES-BANUELOS, Alfreda D
568 . DE VERA, Sue Ann A
569 . DEANG, Carol N
570 . DECANO, Geraldine D
571 . DECOLONGON, Jera M
572 . DEGALA, Julius Victor C
573 . DEJITO, Lucille G
574 . DEL CASTILLO, Judgee Earl Ross D
575 . DEL PUERTO, Jericho B
576 . DEL ROSARIO, Jan Erich F
577 . DEL ROSARIO, Jayson F
578 . DEL ROSARIO, Shiela D
579 . DEL VALLE, Francis S
580 . DELA CRUZ, Aimee Rose DG
581 . DELA CRUZ, Analisa M
582 . DELA CRUZ, Leannie A
583 . DELA CRUZ, Lourdines C
584 . DELA CRUZ, JR., Marcos F
585 . DELA FUENTE, Rainer P
586 . DELA PAZ, John Francis D
587 . DELA RAMA, Sheryl D
588 . DELA ROSA, Nathaniel S
589 . DELA TORRE, Gregorio Marco B
590 . DELICONA, Janissa P
591 . DELMENDO, III, Elizardo G
592 . DELOS REYES, Ana Ofloda S
593 . DELOS REYES, Voltaire Ban L
594 . DELOS SANTOS, Carlo Angelo O
595 . DELOS SANTOS, Corazon Regina E
596 . DELOS SANTOS, Fritz Bryn Anthony M
597 . DELUVIO, Erlan P
598 . DELUVIO, John Haye C
599 . DEMANO, Mary Anne R
600 . DEMATE, Egbert A
601 . DEMETERIO-DIEGO, Nora Analyn S
602 . DENIEGA, Lily Jean P
603 . DEQUIÑA, Doanni Lou F
604 . DERIGAY, Christian D
605 . DESACADA, Reiner B
606 . DIAMANTE, Imee Conn A
607 . DIAMSAY, Mylene P
608 . DIAZ, Christian Niño A
609 . DIAZ, Jesse Mae C
610 . DICHOSA, Joan Mae T
611 . DIEZ, Aldeo Jesus E
612 . DIGNADICE, Allyn Luv Z
613 . DIMACUHA, Maria Aisa O
614 . DIMAGIBA, Hershel Lyn A
615 . DIMALANTA, Adrian Rex C
616 . DIMATATAC, Christopher S
617 . DIMAYUGA, Roxanne Marie B
618 . DINGLE, Shielani Agnes B
619 . DINOPOL, Raphael Leandro E
620 . DIPUTADO, Jean-paul A
621 . DIRON, Abdul Halim P
622 . DIRON, JR., Mabandes S
623 . DISANGCOPAN, Abdel Jamal R
624 . DISTURA, Irene Bianca B
625 . DIVIDINA, Danilo N
626 . DIVIVA, V, Domingo V
627 . DIWAS, Dexter D
628 . DIZON, Catherine Gail C
629 . DIZON, Diana Joy G
630 . DIZON, Mary Anne E
631 . DIÑA, Meinhart A
632 . DIÑO, Adel Cristina Z
633 . DIÑO, Catherine Anne L
634 . DIÑO, Maria Kristina V
635 . DOLINO, Jerros S
636 . DOLLETE, Eric D
637 . DOMANTAY, Jackson G
638 . DOMINGO, Carolin R
639 . DOMINGO, Geraldine Elaine D
640 . DOMINGO, Maria Theresa M
641 . DOMINGO, Mary Emilene T
642 . DOMINGUEZ, Katrina Paula A
643 . DOMINO, Melanie M
644 . DONATO, Annabelle D
645 . DONATO, Mary Rose Grace S
646 . DONES, Jenny Anne T
647 . DONGLA, Joecle R
648 . DOOC, Ma. Socorro E
649 . DORIA, Jonard M
650 . DORIA, Josephine S
651 . DRIO, Erwin T
652 . DU, General D
653 . DUCEPEC, Dianne Caroline V
654 . DUEÑAS, Neil Hector T
655 . DUHAYLONGSOD, Jose Maria B
656 . DULIN, Maria Anastacia N
657 . DUMALAN, Mark Anthony P
658 . DUMAN, Paulyn May P
659 . DUMARPA, Faydah M
660 . DUMAUAL, Michael Edward G
661 . DUMLAO, Lourdes Philina B
662 . DUMLAO, Michael R
663 . DURAN, Gretchen C
664 . DURAN, Jensen Marie R
665 . DURAN, Reggie G
666 . DUYAN, Bernalyn A
667 . DY, Michelle A
668 . DY, Rayshel Margret T
669 . EBALO, Sherwin Dwight O
670 . EBORA, Arianne Rose R
671 . ECHAVEZ, Jeadah A
672 . ECLEVIA, Michael Carl L
673 . EDILLON, Ann N
674 . EDNACO, Madonna Joy L
675 . ELEFAÑO, Mara Nadia C
676 . ELLEMA, Ferdinand S
677 . ELUMBA, John L
678 . EMPHASIS, Al Bill M
679 . ENCISO, Florante N
680 . ENCISO, JR., Adolfo A
681 . ENGO, Katrina E
682 . ENOPIA, Melanie Q
683 . ENRIQUEZ, Amy N
684 . ENTOMA, Lovelie Faith G
685 . ESCALONA, Patricia Ann O
686 . ESCAREZ, Anthony G
687 . ESCOBEDO, Revsee A
688 . ESCOBERO, Lorela B
689 . ESCOBILLO, Emmeline Mae C
690 . ESCOSIA, Grace Xaviere E
691 . ESCUETA-BONGATO, Cherry Ann E
692 . ESPALDON, Al Conrad B
693 . ESPAÑA, Aiza Camille O
694 . ESPENILLA, Jacqueline Joyce F
695 . ESPINA, Raymundo Z
696 . ESPINA, Vicente Andrew M
697 . ESPIRITU, Francis Lorenz E
698 . ESPIRITU, Patrick S
699 . ESPIRITU, Valentino J
700 . ESPIÑA, Hjoan P
701 . ESPLANA, Ryan Jay J
702 . ESQUIVEL, Lady Lanie C
703 . ESTANDARTE, Robert T
704 . ESTEPA, Christine Fatima V
705 . ESTIGOY, JR., Amador A
706 . ESTILLERO, Reigi P
707 . ESTIOCO, Verlito C
708 . ESTIVA, Helen Joyce F
709 . ESTORNINOS, Klarise Anne C
710 . ESTOY, Mary Grace Aileen V
711 . ESTRADA, Karen Mae B
712 . ESTRELLADO, Marc John S
713 . ETANG, Mae Angelie L
714 . ETULLE, Guineverre Q
715 . EUSTAQUIO, Ma. Anna Katrina C
716 . EVANGELISTA, Emmanuel Benedict C
717 . EVANGELISTA, Erik P
718 . EVANGELISTA-LAPIÑA, Elisa D
719 . FABIE, Carlisle Marie Anselyn M
720 . FABILA, Kenneth B
721 . FABURADA, Bethany M
722 . FADRIGO, John Paul C
723 . FAJARDO, III, Rodrigo P
724 . FALCES, Jordan P
725 . FAMILARAN, Rafael B
726 . FANDIALAN, Maria Adella L
727 . FAYLONA, Clarissa Bettina F
728 . FEDERICO-MADRONA, Donnah R
729 . FERMIL, Vanessa G
730 . FERNANDEZ, Christina R
731 . FERNANDEZ, Maribel M
732 . FERNANDEZ, Patricia S
733 . FERNANDEZ, Raoul Benedict T
734 . FERNANDO, Ruperto V
735 . FEROLIN, Garry Mark N
736 . FERRERAS, Karen U
737 . FERUELO, Marivic M
738 . FIDEL, Denise B
739 . FLOJO, Jerome L
740 . FLORA, Flordeliza B
741 . FLORANDA, Rafael Vincent A
742 . FLORENTINO, Ruth A
743 . FLORES, Catherine A
744 . FLORES, Noli Gabriel C
745 . FLORES, Sienna A
746 . FOLLANTE, Glenn A
747 . FORMOSO, Ros Criswin V
748 . FRADES, Charisma G
749 . FRANCISCO, Marijoy R
750 . FRANCISCO, Yurgen S
751 . FRANCISCO, JR., Floriño J
752 . FRANCISCO-REDIMANO, Cecille L
753 . FRANCISCO-SIMBILLO, Rebecca S
754 . FRANCO, Katherine J
755 . FRIANEZA, I, Norberto J
756 . FUENTES, John Wayne B
757 . FUENTES, Lea G
758 . FULGENCIO, Jessica Divina E
759 . FULLANTE, Jenny Lynne T
760 . FUMERA, Jocelyn G
761 . GABAS, JR., Remedio T
762 . GABRIEL, Joselina Paula A
763 . GABRITO, Janice G
764 . GABUCAN, JR., Rogelio D
765 . GACAYAN, Jason Roland P
766 . GADIA, Sheryl T
767 . GAERLAN, Marvyn A
768 . GAGARACRUZ, Liza Ann A
769 . GALAGALA, Raul D
770 . GALANG, Mary Ivy Anne T
771 . GALAROSA, Gia Joy G
772 . GALARRITA, Christina Peach P
773 . GALAS, Madonna G
774 . GALINGAN, Rommel DC
775 . GALIT, Mcdonald M
776 . GALLEGO, Jean Mae L
777 . GALLO, Arnie Joy G
778 . GAMOLO, Gerlyn V
779 . GAMPONG, Gemayel P
780 . GANDAMATO, Al-johani M
781 . GANNABAN, Gerian Marez D
782 . GANNABAN-MEDINA, Suzette T
783 . GARAN, Richard Jayson C
784 . GARAY, Carlos N
785 . GARCES, Chrislyned G
786 . GARCES, Craig Shaun Bennett E
787 . GARCIA, Annabelle D
788 . GARCIA, Ednalyn L
789 . GARCIA, Fatima C
790 . GARCIA, Jane Hazel Marie S
791 . GARCIA, Jennie L
792 . GARCIA, Reynan M
793 . GARCIA, Robert Gamaliel B
794 . GARCIA, Roda Raizza V
795 . GARCIA, Ron Jayson M
796 . GARCIA, Willan S
797 . GARCIA, III, Placido O
798 . GARCIA-MENDOZA, Seralyn O
799 . GARCIA-MORERA, Marta Luisa Maria B
800 . GATCHALIAN, JR., Joseph D
801 . GATUS, Norman P
802 . GAUDIANO, Christer James Ray A
803 . GAVINO, Noelle S
804 . GAYTOS, Bobby John B
805 . GENERALAO, Jeanilyn Grace D
806 . GENOTA, Arthur J
807 . GENUINO, II, Abraham D
808 . GEORPE, Jessa Niña I
809 . GERMAR, Francis T
810 . GERMINAL, Romylen A
811 . GERONA, Ma. Victoria G
812 . GERONA, Mary Tifanie H
813 . GERONIMO, Luis Jose F
814 . GIANAN, Virgilio L
815 . GIGANTOCA, Adolf M
816 . GIGARE, Deza F
817 . GIL, Giovanni M
818 . GILIG, Vivencia V
819 . GIMENEZ, Maria Cristina R
820 . GIRARD, Claudita M
821 . GIRAY, Arman D
822 . GITAU, Leoponville Ndota Wambui DC
823 . GO, Anna Marie Cecilia T
824 . GO, Edward Anthony C
825 . GO, Jennifer S
826 . GO, Karen Joyce P
827 . GO, Maryl Karren Ang G
828 . GOLOCAN, Henson B
829 . GOMEZ, Christine May T
830 . GOMEZ, Joanna Patrice D
831 . GONZAGA, Joseph R
832 . GONZALES, Anthony M
833 . GONZALES, Christian Louie C
834 . GONZALES, Christine D
835 . GONZALES, Herbert R
836 . GONZALES, Jaime O
837 . GOROSPE-AGAYAN, Alma J
838 . GOZOS, Jonas Patrick M
839 . GRAFIL, II, Deogracias C
840 . GRANADA, Caryl H
841 . GRANADO, Agatha N
842 . GRANADOS, Paulo Jay A
843 . GRAPILON, Rene S
844 . GREGORIO, John Alexander A
845 . GREGORIO, Joseph Alenn R
846 . GRIÑO, Leonard A
847 . GRIÑO, III, Cornelio Erwin B
848 . GRUPO, Idonah Lee B
849 . GUALINGCO-GOMEZ, Gina
850 . GUANZON, Teresa Ira Maris P
851 . GUARDIANO, Diana Zoe B
852 . GUARIN, Francis Philip S
853 . GUERRERO, Joey Andrew G
854 . GUERRERO, Nenita M
855 . GUEVARRA, Maria Cristina Portia G
856 . GUIA, JR., Roland Antonio O
857 . GUIAMADEL, Muamar Rhys T
858 . GUIAO, Cecilia Therese T
859 . GUIAO, Chona T
860 . GUIRA, Sopfia Gay R
861 . GUIRHEM, Mary Grace P
862 . GUIRINDOLA, Mark Gerald D
863 . GUMAHAD, Marie Rose P
864 . GUMIA, Racquel Rose M
865 . GUMILAB, Sacrament S
866 . GUZMAN, Maria Anna Irene B
867 . GUZMAN, JR., Hercules T
868 . HABIBUN, Sheilwin U
869 . HADJI OMAR, Anihairah B
870 . HADJULA, Normina R
871 . HAKIM, Yasser M
872 . HALASAN, Ariel C
873 . HALILI, Jc M
874 . HANGDAAN, Annivest D
875 . HARAIN, Mustafa Dreza W
876 . HARINA, Ma. Sheryl L
877 . HELMUTH, Hazel L
878 . HERMOSO, David Augustus L
879 . HERNAL, Ma. Cristina S
880 . HERNANDEZ, Leilah G
881 . HERNANDEZ, Ramon Gerard S
882 . HERNANDEZ, Wendy Lynne P
883 . HERNANDO, Gayle Marie P
884 . HERRERA, Gladys Risenjoy U
885 . HERRERA, Joey V
886 . HERRERA, Miguel Cornelius C
887 . HERRERA, Nicole L
888 . HILAO, Victor Allan B
889 . HILARIO, Philip Jerome J
890 . HIPOS, Kristine Annabellee G
891 . HIQUIAL-CAERLANG, Aileen N
892 . HIZON, Joel Strauss Q
893 . HONTANOSAS, Fritz Albert O
894 . HORTILLOSA, Jana D
895 . HUANG, Francesca Noelle M
896 . HUFANA, Gilbert R
897 . IBAAN, Jocelyn C
898 . ICARO, Richard K
899 . IDIO, Clariza S
900 . IDOS, Jodalyn Z
901 . IGNACIO, Val Derek A
902 . ILAGAN, Miguel Narciso A
903 . ILAW-SANTONIA, Sharon G
904 . ILAYA, Rodante C
905 . ILIGAN, Ramon Jose B
906 . IMPERIAL, Hazel O
907 . IMPERIAL, Jelian Mae R
908 . IMPERIAL, Leo Archival I
909 . INESIN, Donaver S
910 . INGLES, John Patrick F
911 . INOCENCIO-DIOZO, Vanessa Lyn E
912 . INTIA, Joanne L
913 . IRINGAN, Reyvic L
914 . IRVING-FERNANDEZ, Dawn C
915 . ISABEDRA, Gilbert I
916 . ISIDORO, Eiffel Q
917 . ISIP-REYES, Gayle Hazel S
918 . ISLA, Fatima Ann S
919 . ITULID, Christian S
920 . ITURRALDE, Joseph A
921 . JACINTO, Sheir Casandra M
922 . JACLA, Eleber B
923 . JACOBO, Anna Patricia P
924 . JAGOLINO, Shiela May J
925 . JAGONOS, Joan Q
926 . JALIPA, Melinaire L
927 . JALIPA, Norvin Ralph S
928 . JALLORINA, Russel A
929 . JALOVA, Daisy Joy DL
930 . JANABAJAL, Arnel A
931 . JANDAYAN, Jofred Paul P
932 . JANDOC, Apple R
933 . JANDOC, Maria Irene G
934 . JANIOLA, Nelson A
935 . JAVIER, Franco Exequiel Manuel S
936 . JAVIER, Leah P
937 . JAVIER, Maria Feliza Amparo Christina S
938 . JAVIER, Rolynne A
939 . JIMENEZ, Charity L
940 . JIMENEZ, Rez S
941 . JOLO, Edgar Vincent P
942 . JOMILLA, Dan Kirby S
943 . JORDAN-MERILO, Ruby Christie C
944 . JOSOL, Glenda B
945 . JOSON, Andrea S
946 . JOSON, Roehl G
947 . JOVELLANOS, Kevin Lee Z
948 . JOVEN, Gerald John G
949 . JOYA, Jamella Anne Marie F
950 . JOYA, Rania Joie Marie D
951 . JUNGCO, JR., Enrique A
952 . KALAW, Irish Kay L
953 . KANDA, Aiza Mae J
954 . KEITH, Thorrsson M
955 . KEMPIS, Christine Mary Rose B
956 . KIBITEN-RAMOS, May Flor B
957 . KIMAYONG, Romelyn A
958 . KITONG, Jeniby V
959 . LABAN, III, Augustin P
960 . LABAO, Rex C
961 . LABAY, Jo Blanca PB
962 . LABRA, Ariel O
963 . LACANARIA, Fritzie S
964 . LACASA-MACHICA, Christian May T
965 . LACEDA, Elaine Marie G
966 . LAGMAN, Ser Monina M
967 . LAGMAY, Rony A
968 . LAGOS, Peter Chuck A
969 . LAGRAMADA, JR., Pacifico L
970 . LAGUNDI, Maria Andrea C
971 . LAIG, Maria Christina L
972 . LAJARA, Soliman B
973 . LAMARCA, Justine Anne L
974 . LAMBAN, Jannise Karolle R
975 . LAMELA, Jherwin A
976 . LANDOY, Karl Stephen C
977 . LANG-AYAN, Charles Bronson B
978 . LANO, Ria Corazon S
979 . LANQUIBO-TANTAY, Norylyn I
980 . LANSANG, Blesscilda O
981 . LANTION, Adolf Ryan S
982 . LANUZA, Diane Karryll C
983 . LANZONA-ESTRELLADO, Maria Lourdes G
984 . LAO, Christopher John P
985 . LAO, Sweet Charity S
986 . LAPADA, JR., Fabio T
987 . LAPUZ, Michelle Anne S
988 . LATOSA, Miavelle R
989 . LAURE, Cyrus James G
990 . LAURENTE, Rudylen O
991 . LAURENTINO, Jeannie A
992 . LAURETA, Andre Anacleto C
993 . LAVILLA, Mary Joy A
994 . LAVISTA, John Michael V
995 . LAVIÑA, Lizzamae Grace A
996 . LAYNES, Maria Carla C
997 . LAYUG, Kristina G
998 . LAZAGA, Jed Carlo S
999 . LAZARO, Christian O
1000 . LAZARO, Kathryn B
1001 . LECCIO, Patrich Jerome C
1002 . LEE, Haidee C
1003 . LEE, Je Norhaynee Krsytel G
1004 . LEE, Jennifer C
1005 . LEGASPI, Melissa Grace G
1006 . LEGASTO, Vanessa G
1007 . LEPITEN, Jerome N
1008 . LERIO, Janice A
1009 . LERIT, Julius Cezar T
1010 . LERO, Heart C
1011 . LEUTERIO, Giancarlo Romano M
1012 . LEYBAG, Aileen C
1013 . LEYNES, Aimee Claire DG
1014 . LI, Elizabeth W
1015 . LI, Tiffany W
1016 . LIAO, Joanna Marie A
1017 . LIBAN-BARILLO, Janice G
1018 . LIBANAN, Darrell A
1019 . LIBAYAN, Ranny Randolf B
1020 . LIBUIT-ARROYO, Marigold C
1021 . LIDUA, JR., Nelson T
1022 . LIGAN, James Russel D
1023 . LIGO, Ma. Aries P
1024 . LIM, Cherry May A
1025 . LIM, Jay-r C
1026 . LIM, Jerwin James C
1027 . LIM, Maria Alice C
1028 . LIM, Mark Johan K
1029 . LIM, Mary Rocelyn P
1030 . LIM, Nico Benedict L
1031 . LIM, Severina Bella T
1032 . LINA, Philip M
1033 . LINA, JR., Edgardo B
1034 . LINO, Kimmy Ross M
1035 . LIPANA, Diane Shayne D
1036 . LISING, Daniel D
1037 . LISONDRA, Vals P
1038 . LIWAGON, Bob Jones S
1039 . LIZARONDO, Maureen Christine O
1040 . LLAGUNO, Ma. Asuncion R
1041 . LLANIGUEZ, III, Carlos A
1042 . LLANORA, Kristine Ann C
1043 . LLOREN, Flocerfina E
1044 . LO, Vicente Carlos S
1045 . LOBREGAT, Ma. Cristina V
1046 . LOFRANCO, Ryan Neil R
1047 . LOGICO, Louie Alfren E
1048 . LOGRONIO, Mel Nick S
1049 . LOJA, Reyan C
1050 . LOMOLJO, Divina Katrina R
1051 . LOOD, Ma. Jasmine P
1052 . LOPEZ, Alex Francis Ver R
1053 . LOPEZ, Diana Grace V
1054 . LOPEZ, Francis Angelo A
1055 . LOPEZ, Jan Karlo S
1056 . LOPEZ, Minerva F
1057 . LOPEZ, Paul Gino S
1058 . LOPEZ, Severine Lizeta Constancia L
1059 . LOPEZ, JR., Adolfo T
1060 . LOPEZ, JR., Serafin D
1061 . LORENZO, Allan Vincent B
1062 . LORENZO, Johanna Aleria P
1063 . LORENZO, John Ian S
1064 . LOREZCO, Ted Emmanuel M
1065 . LOSANDE, Buddy Rey L
1066 . LOTILLA, Karll G
1067 . LOZAÑES, Doriedel G
1068 . LUCANEY, Denver P
1069 . LUCAÑAS, Dollyn April A
1070 . LUCIO, Ma. Rosanna C
1071 . LUGO, Monfrey C
1072 . LUGOD, Lorraine T
1073 . LUGTU, Marian Alexandra R
1074 . LUMAGUI, Rommell D
1075 . LUMINATE, Darwin G
1076 . LUMUNSAD, Ryan A
1077 . LUNA, Aissa Celine H
1078 . LUNA, Eric Francis G
1079 . LUPANGO-TAMAYO, Sheara L
1080 . LUTCHAVEZ, Mazna R
1081 . LUTELLA, Adrian B
1082 . MAALA, Jennifer M
1083 . MAANDIG, JR., Lionel M
1084 . MABAGOS, JR., Roberto D
1085 . MABALOT, JR., Roberto B
1086 . MABBAGU, Patrick D
1087 . MABOLO, Rene Paolo G
1088 . MACABALES, Emee I
1089 . MACAGAAN-RADIATOWA, Aileen D
1090 . MACAHILAS, Sarah Jane C
1091 . MACAIRAN, Marvin Kris T
1092 . MACARAYA, Jema Sharae J
1093 . MACARIO, Maribel B
1094 . MACASAYON, Sittie Tonina B
1095 . MACOROL, Ronald R
1096 . MACUTAY, Cherryl Arni F
1097 . MACWES, Meshack C
1098 . MADAMBA, Linus V
1099 . MADANGENG, Rizzabel A
1100 . MADANLO, Abigail T
1101 . MADDARA, Robert R
1102 . MADERAL, Tiffany Grace P
1103 . MADRIAGA, Louise B
1104 . MADRID, Michael B
1105 . MADRONA, Sofronio T
1106 . MAGALLANES, Jeziel L
1107 . MAGISTRADO, Francis P
1108 . MAGNO, JR., Rosendo C
1109 . MAGPANTAY, JR., Federico L
1110 . MAGTIBAY, JR., Arleo Antonio R
1111 . MAGUNDAYAO, Ryan Joseph A
1112 . MAHUMOC, Dulce Amor P
1113 . MAIDIN, Rhahezza N
1114 . MAITIM, Melquisedic L
1115 . MALABANAN, Marjorie-ann M
1116 . MALANA, John Amador L
1117 . MALANG, Jan Mikhail M
1118 . MALASAGA, Joel P
1119 . MALAYA, Joseph Anthony I
1120 . MALIMAS, Napoleon Regan D
1121 . MALIWANAG, Christine Olivia T
1122 . MALLILLIN, Alexandrino H
1123 . MALLILLIN, Victor Paul E
1124 . MALONDA, Michael B
1125 . MAMUKID, Norliza M
1126 . MANALAYSAY, Ma. Luisa D
1127 . MANALILI, Jorge Vincent G
1128 . MANALOTO, Kathryn Paz Consuelo M
1129 . MANARANG, Katherine Jane L
1130 . MANAYANG, Linel C
1131 . MANDOCDOC, JR., Romulo S
1132 . MANESE, Michelle Karla C
1133 . MANGAMPO, Flora F
1134 . MANGANTULAO, Raidah M
1135 . MANGINGA, Hiede S
1136 . MANGOBA, Shiara P
1137 . MANGOMPIA, Hedjarah B
1138 . MANIGBAS, Anne Catherine B
1139 . MANINGAT, Julio Ma. Edmundo D
1140 . MANIPON-GABRIEL, Imelda C
1141 . MANIWANG, Michelle Diana P
1142 . MANJARES, Michael T
1143 . MANLIQUEZ, Vanessa Lou M
1144 . MANONGSONG, Wyna Lee J
1145 . MANONGTONG, Ilyn S
1146 . MANTILLA-OBENZA, Maria Izyll Candice P
1147 . MAPPANG, Shandra Diane P
1148 . MARALIT, Ben John A
1149 . MARAMBA, Maria Lourdes B
1150 . MARANION, Jerome A
1151 . MARASIGAN, JR., Emmanuel E
1152 . MARATA, Terence M
1153 . MARAÑA, JR., Dulcisimo A
1154 . MARBAS, Thyrza F
1155 . MARBELLA, Carl Sha Jemimah F
1156 . MARBIL, Socrates Benjie I
1157 . MARCAIDA, Edward John D
1158 . MARCAIDA, Ginalyn R
1159 . MARCIAL, Owen S
1160 . MARCO, Francisco Sandino A
1161 . MARDERS, Richelle Mari M
1162 . MARFIL, Maria Frances M
1163 . MARISCAL, Aristeo P
1164 . MAROHOMSALIC, Nashmyleen A
1165 . MARQUEZ, Emmanuel D
1166 . MARQUEZ, Karen Marjorie B
1167 . MARQUEZ, Maria Kim O
1168 . MARTE, Melanie M
1169 . MARTIN, Lynn A
1170 . MARTIN, Strawberry Anne Aubrey B
1171 . MARTINEZ, Jeff L
1172 . MARTINEZ, Joseph Eufemio S
1173 . MARTINEZ, Manuel
1174 . MARTINEZ, Nancy B
1175 . MARTINEZ, Rosalyn D
1176 . MARTIREZ, Ma. Florence Therese DG
1177 . MASANGCAY, Frederick P
1178 . MASILUNGAN, Donnarence M
1179 . MASTURA, Lailane T
1180 . MATAS, Jerome A
1181 . MATAS, Krischelle B
1182 . MATEO, Ian M
1183 . MATIBAG, Kathrina Grace F
1184 . MATIENZO, Herbert DG
1185 . MATIGNAS, JR., Ramon A
1186 . MATTI, Shelou G
1187 . MAYORALGO, Mercedes Isabel B
1188 . MAYUGA, Rachelle Ann T
1189 . MAYUGA, Wilhelmina Aileen B
1190 . MAYUGA-PEREZ, Katherina B
1191 . MEDALLE, Angely P
1192 . MEDIANTE, Michelle DL
1193 . MEDILO, Lawrence L
1194 . MEDINA, Maricon E
1195 . MENDEZ, Frances Nicola B
1196 . MENDIOLA, Oliver C
1197 . MENDOZA, Allan M
1198 . MENDOZA, Anna Marie C
1199 . MENDOZA, Charisse Mae V
1200 . MENDOZA, Juan Carlos DC
1201 . MENDOZA, Lheila Mozenda C
1202 . MENDOZA, P. Winston B
1203 . MENDOZA, Raymond Alvin M
1204 . MENDOZA, Robespierre B
1205 . MENDOZA, Sylwyn Nabor V
1206 . MENDOZA, II, Leonardo B
1207 . MENDOZA-GABRIANA, Ma. Laarni Rycelle B
1208 . MENOR, Edward M
1209 . MERCADO, Crystal A
1210 . MERCADO, Jerome Michael Y
1211 . MEREGILLANO, David Chaim R
1212 . MIANO, Nory Dianne R
1213 . MIJARES, Maria Agatha A
1214 . MILA, Julius C
1215 . MILITAR, Elizur G
1216 . MINA, Rhea Stephanie E
1217 . MINGAO, JR., Norberto M
1218 . MIOLE, JR., Hector M
1219 . MIRAFLOR, Jan Patrick O
1220 . MIRALLES, Nadine Faye C
1221 . MIRALLES, Rachelle S
1222 . MIRANDA, Fernand Joseph D
1223 . MIRANDA, Patricia B
1224 . MIRAS, Adrian G
1225 . MIRASOL, Ken Mark E
1226 . MISA, Ma. Angela Noelle F
1227 . MISADOR, Oliver T
1228 . MISSION, V, Ruben F
1229 . MOHAMMADALI, Fatimah U
1230 . MOLINA, Arvin Stephen L
1231 . MOLINA, Maria Xandralyn M
1232 . MOLINA, Marilyn A
1233 . MONES, Johann Patrick C
1234 . MONFORT, Kristine P
1235 . MONTA, Meriam M
1236 . MONTANCES, Joanne F
1237 . MONTECILLO,JR., Margarito D
1238 . MONTEMAYOR, JR., Carlos A
1239 . MONTERO, Marjorie Leigh T
1240 . MONTES, Kristie Joy B
1241 . MONTES, Lendl Floyd B
1242 . MONTEZA, Madelaine Marie B
1243 . MORAL, Christina Alma M
1244 . MORALEDA, Felix Robert A
1245 . MORALES, Anthony M
1246 . MORALES, Brainard J
1247 . MORALES, Maureen Marie G
1248 . MORALES, Victor Manuel F
1249 . MORANO, Ferdinand R
1250 . MORENO, Gilberto E
1251 . MORENO, Ryan Christopher A
1252 . MORI, Honey Mae G
1253 . MORTEL, Christopher M
1254 . MUCHO, Carl Jon P
1255 . MULA, Persis Niña M
1256 . MUNSAYAC, Michael G
1257 . MUYRONG, Archie Paul C
1258 . NAGA, Fatimah M
1259 . NAGA, Omar-sharief M
1260 . NALUPTA, Richard Alvin M
1261 . NAMIT, Wetzel R
1262 . NAPAO, Romela Mae L
1263 . NAPARAN, Eva Christine V
1264 . NAPICOL, Indira P
1265 . NARCILLA, Glenda C
1266 . NARCISO, Kaiser Kate C
1267 . NARVAEZ, Joanna Maries V
1268 . NATIVIDAD, Deogracias M
1269 . NATIVIDAD, JR., Marcelino D
1270 . NAVAL, Loise Rae G
1271 . NAVALES, Kristopher A
1272 . NAVAROZA, Daryl V
1273 . NAVARRO, Audrynne Castles S
1274 . NAVARRO, Christy P
1275 . NAVARRO, Dennis C
1276 . NAVARRO, Louella B
1277 . NAVARROZA, Ghel C
1278 . NEBRES, Mabelle O
1279 . NEPOMUCENO, Cecille P
1280 . NERI, May Clemence C
1281 . NGO, Webster D
1282 . NICER, Julie Ethel Marie A
1283 . NICOLAS, John Goodlucky V
1284 . NICOLAS, Maylene M
1285 . NIEVES, Ronald Jerome P
1286 . NIÑAL, Jose Marie A
1287 . NOBLEZA, Arlyn J
1288 . NOGRALES, Amanda Marie F
1289 . NOLASCO, Juan Jaime D
1290 . NOLLORA, Dutch Manuel R
1291 . NOROMBABA, Teachie Felina O
1292 . NUFABLE, Nefretery M
1293 . OBERAS, John Paul L
1294 . OBLIGADO, Neil Arvin B
1295 . OBMINA, Paul Angelo D
1296 . OBRERO, Maria Kathrina D
1297 . OCAMPO, Bryan Chester F
1298 . OCAMPO, Christian Joy O
1299 . OCAMPO, Christine E
1300 . OCAMPO, Michael B
1301 . OCAMPO-TAN, Elaine Christine K
1302 . OCCIANO, Salvador Heriberto E
1303 . OCENAR, Jerico C
1304 . OCHOA, Kristine Gail C
1305 . ODASAN, Carina G
1306 . ODRON, Bernard R
1307 . OLDAN, Kristine G
1308 . OLIVA, Erwin S
1309 . OLIVA, Ryan P
1310 . OLIVARES, Mary Grace Z
1311 . OLLAGING, Nova B
1312 . OLOTEO, Philbert A
1313 . OLPOC, Peter Roderick M
1314 . OMPOC, Javin Dominic G
1315 . ONG, Carlo Emmanuel D
1316 . ONG, Joanna Kim A
1317 . ONG, John Y
1318 . ONGAN, Jeanna B
1319 . ONIDA, Carmen Rosario I
1320 . ONSAT, Federico E
1321 . OPERARIO, Rhenelle Mae O
1322 . OPERAÑA, Marlon C
1323 . OPERIANO, Danilo F
1324 . OPETINA, Leandro N
1325 . OPIÑA, Ronalyn M
1326 . OPRIASA, Miralyn C
1327 . OPULENCIA, Charissa Eloisa Julia R
1328 . ORALLER, Livi N
1329 . ORDOÑO, Olyne C
1330 . ORGE, Jane Pauline C
1331 . ORTALEZA, Liza R
1332 . ORTEGA, Lizar U
1333 . ORTIZ, II, Claro Paulo T
1334 . OUANO, Bryant E
1335 . PAAT, Bernard D
1336 . PABALATE, Mark Gjefferson E
1337 . PABLO, Homer L
1338 . PACASEM, Badrodin B
1339 . PACATANG, Ivan Louie
1340 . PACATANG, JR., Michael Reonel S
1341 . PACETE, Johanna B
1342 . PACIFICADOR, Zann Paolo L
1343 . PACLIBAR, Lorna P
1344 . PACULANANG, Chervin C
1345 . PADAOAN, Melvin H
1346 . PADERANGA, Katleya C
1347 . PADILLA, Bianca Emma M
1348 . PADILLA, Harvey James L
1349 . PADILLA, Kristine J
1350 . PADON-RABANAL, Kristal Mary Y
1351 . PAGANAJE, Julie Karen U
1352 . PAGANDIYAN, Leo L
1353 . PAGATPAT, Philip Jun A
1354 . PAGUIO, Joanna Marie F
1355 . PAGUNTALAN, Jenny T
1356 . PAJO, Rico B
1357 . PALABRAS, Henedine P
1358 . PALACIO, Joan C
1359 . PALACIO, Kevin P
1360 . PALAD-BERNANTE, Margarita T
1361 . PALADAN, Joel F
1362 . PALANAN, Ernie F
1363 . PALANCA, Leogina S
1364 . PALARCA, Chris David D
1365 . PALATTAO, IV, Rodolfo John Robert C
1366 . PALMA, II, Wilter W
1367 . PALMARES, Maria Lorena E
1368 . PALMES, Connie S
1369 . PAMALOY, Sittie Raifah M
1370 . PAMARAN, Dean Ace A
1371 . PANADO, Eunice Scarlet Joy S
1372 . PANAGUITON, Catherine S
1373 . PANCHO, Emerald B
1374 . PANGANIBAN-MENDOZA, Mary Grace C
1375 . PANIZALES, Precious Grace S
1376 . PANO, Bryann Jett S
1377 . PANOPIO, Karren Cecil I
1378 . PANTALEON, Cheryl P
1379 . PANTI, Recto M
1380 . PANTUA, Anthony Dinnes C
1381 . PANZO, Jimmy Rose C
1382 . PAPIO, Jennifer P
1383 . PAR, Angelo S
1384 . PARAS, Jose Maria T
1385 . PARCON, Jerry Frank C
1386 . PAREL, Ramoncito C
1387 . PARIS, Reynaldo F
1388 . PASAMBA, Roberto V
1389 . PASCUA, Dominique P
1390 . PASCUA, JR., Manuel M
1391 . PASCUAL, Charlie DC
1392 . PASCUAL, Romaine G
1393 . PASIOL, Jap Laarni T
1394 . PASION, Eric Emmanuel C
1395 . PATAM-KI, Rachelle G
1396 . PATAWARAN, Richelle Dianne R
1397 . PATILLEROS, Kristine B
1398 . PATOC, Alex A
1399 . PATULOT, Juliet N
1400 . PAULINO, Lex A
1401 . PAWINGI, Michelle P
1402 . PEDROZA, Leslie M
1403 . PEJO, Salvacion Soledad B
1404 . PELAEZ, III, Efrain Julio Jose G
1405 . PELAGIO, Danilo P
1406 . PELIÑA, Christian C
1407 . PENILLA, Theresa R
1408 . PENILLOS, Angelica S
1409 . PEPITO, Elijah Manuel Z
1410 . PEPITO, Teodoro Roteo T
1411 . PEQUE, Marie A
1412 . PERALTA, Ariel P
1413 . PERALTA, Josie C
1414 . PERALTA, Juvy A
1415 . PERALTA, Marc Anthony M
1416 . PERALTA, Veronica T
1417 . PEREZ, Aiza Riz S
1418 . PEREZ, Byron P
1419 . PEREZ, Richard V
1420 . PEREZ-QUILILAN, Mary Camille S
1421 . PEREZ-VILLAGOMEZ, Jocelyn E
1422 . PEÑA, Charisse B
1423 . PEÑA, JR., Manuel P
1424 . PEÑA-CAREÑA, Ruby Jane S
1425 . PILOTON, Alan B
1426 . PINEDA, Billy Joel M
1427 . PINEDA, Gemma Grace G
1428 . PINEDA, Jaklyn Hanna V
1429 . PINEDA, Ryan Daryl G
1430 . PINGOL, Precious Ellen L
1431 . PINGUL, Carla S
1432 . PINSOY, Jasmin N
1433 . PINTUCAN, Maricel C
1434 . PIO, John Peter L
1435 . PIRAMIDE, Charisse L
1436 . PIZAÑA, Aileen Grace P
1437 . PIÑGOL, Jose Crisanto V
1438 . PLATA, Renan A
1439 . PLAZA, Glenn P
1440 . PLAZA, Zander J
1441 . PLAZA, III, Manuel S
1442 . PODOT, William P
1443 . POLIDO, Ma. Lourdes C
1444 . POMARIN, Eveart Grace O
1445 . POOTEN, Wylver B
1446 . PORMENTO, Gemaine D
1447 . PORTER, Jan Michael Anthony S
1448 . PORTUGAL, Jan Pearl F
1449 . POSADAS, Stefanie Marie A
1450 . POSO, Charles L
1451 . POSTRADO, Realyn M
1452 . PRADO, Amy V
1453 . PRIETO, Pamela Tammy A
1454 . PRINCIPE, Myra M
1455 . PRINCIPE, Princess Marie Anne T
1456 . PUA, Brian N
1457 . PUA, Kennard U
1458 . PUENTESPINA, May Suzanne N
1459 . PULMANO, Reden B
1460 . PUNZALAN, Angela J
1461 . PUNZALAN, Gilbert J
1462 . PURA, III, Valentin A
1463 . PURGANAN, Paolo John D
1464 . PUYOS, Fe V
1465 . QUA, Irene Marie P
1466 . QUE, Leanne Herschel C
1467 . QUEBRAL, JR., Romulo E
1468 . QUEZON, Shangrila C
1469 . QUIAMAS, Jane Frances A
1470 . QUIAMBAO, Jeffrey DJ
1471 . QUIBRAL, Raina Andrea C
1472 . QUICO, Rambo F
1473 . QUIDET, Magnolia T
1474 . QUIMIO, Glenn Anthony M
1475 . QUINITO, Marie Antonette U
1476 . QUINSAY, Stacy G
1477 . QUINTOS, Ronadette B
1478 . QUITOLA, Elena Maye S
1479 . QUITORIANO, Jovina G
1480 . QUIÑANOLA, Edison A
1481 . RACAZA, Jennifer Hazel A
1482 . RACELIS, Alwin P
1483 . RACHO, Mary Livee L
1484 . RACHO-NEPOMUCENO, Kristine C
1485 . RADOVAN, Melanie Rose Marie B
1486 . RAFAL-ROBLE, Cherry Liez O
1487 . RAFLORES, Amabel T
1488 . RAGAMAT, William G
1489 . RAMIENTAS, Jeffrey A
1490 . RAMIL, Maricel A
1491 . RAMIREZ, Romulo P
1492 . RAMOLETE, Mark Gil J
1493 . RAMOS, Diana Rose B
1494 . RAMOS, Gay C
1495 . RAMOS, Leslie G
1496 . RAMOS, Maricar G
1497 . RAMOS, Phebean Belle A
1498 . RAMOS, Voltaire B
1499 . RANARA-NECESARIO, Maria Pacita M
1500 . RASONABLE, Charles B
1501 . RAZOTE, Jade R
1502 . RAÑADA, JR., Rey A
1503 . RAÑESES, Amore Rex B
1504 . REAL, Maricris L
1505 . REAL, JR., John Roy Robert G
1506 . REALO, Glenn B
1507 . REBUELTA, Josef June Z
1508 . RECIO, James Andrew N
1509 . RECTO, Angelica Anne B
1510 . RED, Christine Lovely E
1511 . REFUGIO, Gregorio R
1512 . REGALA, Xerxes R
1513 . REGALADO, Julie Ann B
1514 . REGALADO, Maria Angela Regina B
1515 . REGIS, Gerard Anthony C
1516 . REGUAL, Samichael Nostradamus U
1517 . RELOPEZ, Kevin Edrick P
1518 . RELUNIA, Cirenne Mei M
1519 . RELUYA, Philline Rosamae P
1520 . RENOMERON, Hyacinth D
1521 . RENONG, Jenna Mary Leen L
1522 . REOTUTAR, Jiezl Gabrielle G
1523 . REPOLLO, Kirk Bryan J
1524 . REQUINA, Wilmar K
1525 . RESPICIO, Anna Francesca C
1526 . REVISA, Kirk William B
1527 . REYES, Cherry Lou T
1528 . REYES, Earl Alfred B
1529 . REYES, Florence Albert B
1530 . REYES, Izah Katrina T
1531 . REYES, Jennifer Gayle B
1532 . REYES, Jennifer Rose P
1533 . REYES, Noemi R
1534 . REYES, Robert Christopher F
1535 . REYES, Roland A
1536 . REYES, Trixia Theresa B
1537 . REYES-EUGENIO, Jehan T
1538 . REYES-MARCOS, Marie Grace Divina P
1539 . REYNANTE, Prescia Vanessa A
1540 . REYNES, Culbert G
1541 . REYNON, JR., William A
1542 . RICASATA, III, Ruben Gerald V
1543 . RICO, Rimo M
1544 . RIDON, James Mark Terry L
1545 . RIVERA, Lanie D
1546 . RIVERO, Andy G
1547 . ROBEA, Edward L
1548 . ROBILLOS, Archimedes G
1549 . ROBINO, Jennette D
1550 . ROBIS, Revi D
1551 . ROBLES, JR., Domingo S
1552 . ROCAS, Karla Mae M
1553 . ROCERO, Fatima Clarisse C
1554 . RODRIGO, Roberto Rey S
1555 . RODRIGUEZ, Rogelio C
1556 . RODRIGUEZ, Ronaldo G
1557 . RODULFO, Michael Ian F
1558 . RODULFO, JR., Oliver S
1559 . ROGELIO, Ferdinand G
1560 . ROJAS, Hyacinth M
1561 . ROJO, Lail A
1562 . ROMAN, Vernice Lauren S
1563 . ROMANO, Joseph G
1564 . ROMANO, Raymond P
1565 . ROMERO, Jing-jing S
1566 . ROMULO, Aigy R
1567 . RONDINA, Rached P
1568 . RONQUILLO, Ferdinand Mark C
1569 . RONQUILLO, Shiela Mae B
1570 . ROQUE, Beatrice Eusebia P
1571 . ROQUE, Noel R
1572 . ROQUE, Raymond R
1573 . ROSALES, Maria Luisa Isabel L
1574 . ROSALES, Samantha Wesley K
1575 . ROSARIO, Mercy Diane GC
1576 . ROSITO, Henry B
1577 . ROXAS, JR., Leopoldo E
1578 . RUFLO, Juanita Christine S
1579 . RUIZ, Flerida G
1580 . RUIZ, Juby Bernadette R
1581 . RUIZ, Roviric M
1582 . RUIZ-POLIZON, Shana Mae A
1583 . RULIDA, Ardel Ryan D
1584 . RUPINTA, Rodrigo G
1585 . RUSTE, Benjamin Jose D
1586 . SABBEN, Joycee R
1587 . SABITSANA, Michelle PM
1588 . SABONG, Mary Grace L
1589 . SACRAMENTO, Geomelyn Sarah D
1590 . SADEGHI-TAJAR, Patrick Muhammad Ali O
1591 . SADIAN, John Carlo Gil M
1592 . SADICON, Marius Jovenus Ian S
1593 . SAEZ, Jul Davi P
1594 . SAGABAEN, John-john C
1595 . SAGAYADAN, Leon Miguel E
1596 . SAGAYO, Jules Carlson B
1597 . SAJOR, Michael Tito R
1598 . SALALIMA, Jason John S
1599 . SALAMAT, Dahlia B
1600 . SALAZAR, Kilsten O
1601 . SALAZAR, Maria Carmela B
1602 . SALINAS, Simoun Antonio M
1603 . SALONGA, Eugene Carlo DR
1604 . SALTING, JR., Alfredo A
1605 . SALUDEZ-ESTEBAN, Arlynne T
1606 . SALUNAT, Erlou V
1607 . SALVA, Francis John R
1608 . SALVADOR, Maria Cecilia Gertrudes R
1609 . SALVADOR, Rigel A
1610 . SALVATIERRA, Jeamie Y
1611 . SAMARITA, Raymond M
1612 . SAMILIN, Kristine G
1613 . SAMPAGA, Genesis L
1614 . SAMSON, Barbie E
1615 . SAMSON, Rina D
1616 . SAN DIEGO, Lyvette D
1617 . SAN JOSE, Tiara Marie J
1618 . SAN JUAN, Christian E
1619 . SAN JUAN, Guia Bianca V
1620 . SAN PEDRO, JR., Rodrigo M
1621 . SANCHEZ, Arnel M
1622 . SANCHEZ, Janice C
1623 . SANCHEZ, Roberto Iñigo D
1624 . SANGUAL, Marites F
1625 . SANICO, Florante Clod T
1626 . SANSARONA, JR., Mamarico L
1627 . SANTIAGO, Criselda S
1628 . SANTIAGO, Geneflor L
1629 . SANTIAGO, Janette S
1630 . SANTIAGO, Rodolfo B
1631 . SANTILLAN, Ann Murray Y
1632 . SANTILLAN, Cleo Marie C
1633 . SANTOK, Gene Darryl R
1634 . SANTOS, Charrie M
1635 . SANTOS, Christine R
1636 . SANTOS, Christopher John SJ
1637 . SANTOS, Clarence S
1638 . SANTOS, Juan Paulo C
1639 . SANTOS, Manolo Adel M
1640 . SANTOS, Maria Kristina R
1641 . SANTOS, Victor Eleazar SJ
1642 . SANTOS, JR., Ronaldo L
1643 . SAPLA, Joyce A
1644 . SARADAIN, Baltazar S
1645 . SARANILLO, Carl Marlou C
1646 . SARAPUDDIN, Mohammad Bhydir B
1647 . SARGADO, Jeremiah D
1648 . SARIL, Ma. Rosafe Amelou V
1649 . SARMIENTO, Kelly A
1650 . SARMIENTO, Nina Mikaela S
1651 . SATUITO, Bernardo N
1652 . SAUNAR, Kris Norwin B
1653 . SAUZ, Raphael A
1654 . SAVILLA, Doreen Ann C
1655 . SAVILLA, Jesse Rainier F
1656 . SAWATE, Lurieta T
1657 . SEBOLLENA, JR., Danilo M
1658 . SEGISMUNDO, Nestor P
1659 . SEGUBIENSE, Reynaldo F
1660 . SENIEL, Dax C
1661 . SENO, Maricel R
1662 . SEPACIO, Erwin T
1663 . SERIÑA, Izabel F
1664 . SESANTE, Kenneth Kernn A
1665 . SIA, Lawrence C
1666 . SIAN, Dikki Jean Y
1667 . SIANOYA, Ana Lee T
1668 . SIAPNO, Emmanuel Noah C
1669 . SILERIO, Domilyn G
1670 . SILVA, Ina Bianka D
1671 . SILVESTRE, Ryan O
1672 . SIMON, Michelle E
1673 . SIMYUNN, Henry H
1674 . SINGAYAN, Diane Maxima B
1675 . SINGCOL, Ana Theressa D
1676 . SINGSON, Izra Elita C
1677 . SINGSON, Kristelle G
1678 . SINGSON, Sheldon Melanio S
1679 . SOBEJANA, Elmer I
1680 . SOGUILON, Israel C
1681 . SOL, Rozelin Rochette DJ
1682 . SOLACITO, Robie Ann G
1683 . SOLAMO, Clipton J
1684 . SOLANO, Ryan James D
1685 . SOLIS, Marben Julter D
1686 . SOLIS-GARCIA, Maria Myren S
1687 . SOLLESTA, Christy Marie A
1688 . SOMERA, JR., Bernardino Paul R
1689 . SORIA, Roselyn M
1690 . SORIANO, Rio Ariel A
1691 . SORIANO, Suzanne Bernadette P
1692 . SORIAO, Francis Victor B
1693 . SORIQUEZ, Mark John M
1694 . SOTELO, Manilyn Rose S
1695 . STA. LUCIA, Richmund C
1696 . STA. MARIA, Kris Bernadette T
1697 . STA. RITA, Ken Edward S
1698 . STO. DOMINGO, JR., Rey A
1699 . SUAREZ, Czarina Keziah E
1700 . SUAREZ, Gilbert T
1701 . SUAREZ, Katrina Farrah P
1702 . SUAREZ, Michelle Carisse N
1703 . SUBALDO, JR., Clodualdo E
1704 . SUCION, Joselino N
1705 . SUDARIO, Louis C
1706 . SUETOS, Myrene Q
1707 . SUICO, Diana E
1708 . SUICO, Louie W
1709 . SULAY, Clarmanette B
1710 . SULOG, Alyassar Saudi S
1711 . SULTAN, Harriett E
1712 . SUMAOANG, Lerma M
1713 . SUMPINGAN-LOMANGCOLOB, Sittie Noronnisa M
1714 . SUNGAHID, Cindy Antonette M
1715 . SUNICO, Khrisna P
1716 . SURINGA, Vanessa M
1717 . SUYAT, Noel S
1718 . SUÑGA, Mark John B
1719 . SY, Ariane Camille M
1720 . SY, Katrina May O
1721 . SY JUCO, Mary Angeline E
1722 . TA-ACA, Eric G
1723 . TABAMO, IV, Jose Jat J
1724 . TABILAS-ABIVA, Cristamarie D
1725 . TABISAURA-CALULUT, Karen A
1726 . TABONIGAO, Maria Dianne C
1727 . TADTAD, JR., G. Silas I
1728 . TAGLE, Brian Edward M
1729 . TAGNIA, Roderick B
1730 . TAGSA, Joseph Benjamin P
1731 . TAGUFA, Kristofer S
1732 . TAGULAO, Louie Belle C
1733 . TALLADA, JR., Cornelio R
1734 . TAMARES, John Joseph S
1735 . TAMARGO, JR., Franklin P
1736 . TAMAYAO, Katrina Bianca T
1737 . TAMAYO, Dinah Jane R
1738 . TAMAYO, James Jules B
1739 . TAMAYO-JIMENEA, Ghizelle Jean S
1740 . TAN, Anne Stephanie B
1741 . TAN, Glendale J
1742 . TAN, Jason Rainier T
1743 . TAN, Kristina G
1744 . TAN, Maria Rois S
1745 . TAN, Mary Caroline A
1746 . TAN, Paul Edward V
1747 . TANGLAO, JR., Fernando L
1748 . TAPALES, Sonia S
1749 . TAPANGAN, Tessa Mae R
1750 . TARCE, Christian L
1751 . TARO, Cristina S
1752 . TARUC-BATALLA, Leira Leonor S
1753 . TAWAGON, Sittie Aisa Azisaida L
1754 . TAYAO, Joseph D
1755 . TAÑEDO, June Catherine G
1756 . TEJADA, Gracielle M
1757 . TEJANO, Francis John L
1758 . TEJANO, Sheena May D
1759 . TEJERO, Eric Jason S
1760 . TEJERO, Joahnna Eve S
1761 . TEJERO, III, Jaime R
1762 . TENDENCIA, Kristine A
1763 . TENEFRANCIA, Yvette C
1764 . TENORIO, Cris P
1765 . TESALONA, Michelle Anne C
1766 . TIANELA, Noel P
1767 . TIBLE, Stephanie Anne V
1768 . TINGCHUY, Azenith B
1769 . TIONGSON, Renee Stephanie B
1770 . TOLENTINO, Anne Chinika L
1771 . TOLENTINO, Francisco Paolo Rafael G
1772 . TOLETE-JUCO, Mary Ann M
1773 . TOLIBAS, Francis T
1774 . TOMANENG, Guia Marie M
1775 . TOMENIO, Cecilia A
1776 . TONDARES, Graziella C
1777 . TORNO, Ricardo Luis M
1778 . TORNO, Vanessa Anne A
1779 . TORRES, Justine Nicole V
1780 . TORRES-GERMAR, Nicolette Queency C
1781 . TORREÑA, Darlene D
1782 . TRANI, Vanessa P
1783 . TRAVERO, Beverly O
1784 . TREMOR, Jamor O
1785 . TRIA, January L
1786 . TRINIDAD, Frederico Luis P
1787 . TRINIDAD, Jay-ryan M
1788 . TRINIDAD, Michelle D
1789 . TUAZON, Roland Glenn T
1790 . TUCAY, Suzette A
1791 . TUMAPON, Amalou R
1792 . TUPAS, Arnel S
1793 . TURGANO, Samuel Rufino J
1794 . TURIANO, Fe Cecelia B
1795 . TURIAO, Aseria C
1796 . TURIJA-PALMOS, Blessie L
1797 . TURLA, Zandra A
1798 . TURQUEZA, Philander L
1799 . TUSAY, Roland F
1800 . TUTAY, Jenelyn R
1801 . TUVERA, Rafael P
1802 . UMALI, Dane-daniel O
1803 . UMALI, Mary Antonette B
1804 . UMALI, Melvin Niño A
1805 . URETA, Yen P
1806 . URIARTE, Ariane Krystel C
1807 . URRIQUIA, Joel C
1808 . USITA, Chanda D
1809 . USQUISA-BINARAO, Sheena G
1810 . USTAREZ, Jomarlli B
1811 . UY, Gino Paulo O
1812 . UY, Jan Reiner B
1813 . UY, Jean Marie L
1814 . UY, Jessamyn H
1815 . UY, Kathleen Sheelah T
1816 . UY, Melanie V
1817 . UY, Rosselle G
1818 . VAFLOR, June M
1819 . VALDERRAMA, Nico B
1820 . VALDEZ, Amiel Ian A
1821 . VALDEZ, Ethel Cristine S
1822 . VALDEZ, Halleck A
1823 . VALDEZ, Jesus Victor B
1824 . VALDEZ, Michelle B
1825 . VALENCIA, Harvy Brian H
1826 . VALENCIANO, Melanie B
1827 . VALERIO-MORADA, Esmeralda M
1828 . VALERO, Frederick L
1829 . VALIENTE, Jonathan B
1830 . VALMADRID, Benedict J
1831 . VANGUARDIA, Maria Ester B
1832 . VAPOROSO, Melvin O
1833 . VARGAS, Sheryl I
1834 . VARGAS, Tirso O
1835 . VARGAS, Zionelle Anne P
1836 . VEGA, Beatrice Aurora A
1837 . VEGIM, Remedios T
1838 . VELMONTE, Marinel L
1839 . VELOS, Sherrymae O
1840 . VENTURA, Maria Theresa Vivian L
1841 . VERGA-FRANCISCO, Ana Maria Q
1842 . VERGANIO, Evelyn D
1843 . VERSOZA, Earl A
1844 . VERZOSA, Mel John I
1845 . VERZOSA, Vida Soraya S
1846 . VERZOSA, JR., Rodolfo L
1847 . VICARIO, III, Pascasio Joshua Maria H
1848 . VICENTE, Jaclyn C
1849 . VICTA, John Paul Allen M
1850 . VIDAD, Frianne M
1851 . VIDAMO, Patricia A
1852 . VIERNES-AGRA, Margee Flor C
1853 . VIGO, Angeli A
1854 . VILLA, Antoniña P
1855 . VILLA, Francis Christopher Duane E
1856 . VILLACORTA, Vlademir E
1857 . VILLALON, Benedict C
1858 . VILLAMOR, Kenneth N
1859 . VILLANOBOS, Raul S
1860 . VILLANUEVA, Aida Rose E
1861 . VILLANUEVA, Gilda May E
1862 . VILLANUEVA, Lovey Lady L
1863 . VILLANUEVA, Maria Margarita M
1864 . VILLANUEVA, Maylene B
1865 . VILLANUEVA, Patricia Aurora V
1866 . VILLANUEVA, Raissa C
1867 . VILLANUEVA, Roberto P
1868 . VILLAR, Benedicto C
1869 . VILLAREAL, Cindy Marie R
1870 . VILLARICA, Michelle Marie F
1871 . VILLARIN, Vernard M
1872 . VILLARIN, JR., Ernesto O
1873 . VILLARUEL, Alwyn Franz P
1874 . VILLEGAS, Lope Jerry S
1875 . VILLONCO, Nicolo T
1876 . VILLORDON, Loverhette Jeffrey P
1877 . VINIEGRA, IV, Fernando A
1878 . VIRAY, Josephine Joy L
1879 . VIRTUDAZO, JR., Gerberto B
1880 . VIRTUDEZ, Marie Kristel D
1881 . VISTA, Ferdinand Y
1882 . VISTE, JR., Salvador B
1883 . VITUG, Jan Allyson C
1884 . VIÑAS, Laarni Victoria Q
1885 . WANG, Richard P
1886 . WILSON, Joan Grace G
1887 . WISCO, Xindy Ireen R
1888 . WOODEN, JR., Anthony A
1889 . YADAO, Rominagrace A
1890 . YANO, Julius A
1891 . YANQUILING, Rhomir S
1892 . YAP, Angeles A
1893 . YAP, Edith C
1894 . YAP, Jefferson B
1895 . YAP, Niquee Louise A
1896 . YAP, JR., Warren B
1897 . YASAY, Francisa P
1898 . YATCO, Nancy Allen L
1899 . YLAGAN, Maynard Eugenio C
1900 . YONGCO, Farrah L
1901 . YU, Ahmed Joseph D
1902 . YU, Daphne E
1903 . YU, Kristina S.
1904 . ZABALA, Erik B
1905 . ZABLAN, Miguel Antonio G
1906 . ZAFRA, Mac Lord O
1907 . ZAMBALES, John Michael U
1908 . ZAMORA, Ma. Kristina S
1909 . ZAMORA, Maria Regina C
1910 . ZORILLA, Doming L
1911 . ZULUETA, Alysha Grace M
1912 . ZULUETA, Jose Bismark F
1913 . ZUÑIGA, Joseph Brian R