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2019 Commercial Bar Syllabus

The document is a syllabus outlining the key topics covered under Mercantile Law for the 2019 Bar Examinations. It lists 15 major topics, including letters of credit, negotiable instruments, insurance, transportation, corporation law, securities regulation, banking, intellectual property, anti-money laundering, electronic commerce, data privacy, and financial rehabilitation. For each topic, it provides a brief overview of the concepts and issues examined.

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Bhenz Bryle Tomilap
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54 views5 pages

2019 Commercial Bar Syllabus

The document is a syllabus outlining the key topics covered under Mercantile Law for the 2019 Bar Examinations. It lists 15 major topics, including letters of credit, negotiable instruments, insurance, transportation, corporation law, securities regulation, banking, intellectual property, anti-money laundering, electronic commerce, data privacy, and financial rehabilitation. For each topic, it provides a brief overview of the concepts and issues examined.

Uploaded by

Bhenz Bryle Tomilap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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2019 Commercial Bar Syllabus

2019 Bar Examinations MERCANTILE LAW

SYLLABUS FOR THE 2019 BAR EXAMINATIONS

MERCANTILE LAW

NOTE: This syllabus is an outline of the key topics that fall under the core subject Mercantile
Law. Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the
coverage of the 2019 Bar Examinations.

I. LETTERS OF CREDIT AND TRUST RECEIPTS


I. Basic concepts
I. Doctrine of independence
II. Fraud exception principle
III. Doctrine of strict compliance
IV. Warehousemans lien
II. Rights and obligations of parties
I. Entruster/entrustee
II. Applicant/banks/beneficiary
III. Remedies available

I. NEGOTIABLE INSTRUMENTS LAW (Act No. 2031)


I. Requisites of negotiability
II. Forgery and material alteration
III. Negotiation
IV. Rights of the holder
I. Holder in due course
II. Defenses against the holder
V. Checks

I. INSURANCE (PD 612, as amended by RA 10607)


I. Basic concepts
I. What may be insured
II. Insurable interest
III. Double insurance and overinsurance
IV. Reinsurance
V. No fault, suicide, and incontestability clauses
II. Perfection of the insurance contract
III. Rights and obligations of parties
I. Insurer
II. Insured
III. Beneficiary
IV. Rescission of insurance contracts
I. Concealment
II. Misrepresentation or omissions
III. Breach of warranties
V. Loss

I. TRANSPORTATION
I. Common carriers
I. Concept
II. Common carrier vs. private carrier
III. Diligence required
II. Obligations and liabilities
I. Vigilance over goods
II. Safety of passengers
II.
I. Defenses available to a common carrier
I. Proof of negligence
II. Due diligence in the selection and supervision of employees
III. Fortuitous event
IV. Contributory negligence
V. Doctrine of last clear chance
II. Extent of liability
I. Recoverable damages
II. Stipulations limiting liability
III. Limitations under the Warsaw Convention

I. CORPORATION LAW (Provisions of BP 68, not affected by RA 11232)


I. General principles
I. Nationality of corporations
I. Place of incorporation test
II. Control test
III. Grandfather rule
II. Doctrine of separate juridical personality
III. Doctrine of piercing the corporate veil
II. Stock vs. non-stock corporations
III. De facto corporations and corporations by estoppel
IV. Board of Directors and Trustees
I. Basic principles
I. Doctrine of centralized management
II. Business judgment rule
II. Duties, liabilities, and responsibility for unlawful acts
V. Powers of corporations
I. How powers are exercised
II. Ultra vires doctrine
III. Trust fund doctrine
VI. Stockholders and Members
I. Doctrine of equality of shares
II. Proprietary rights
I. Right to dividends
II. Right to inspect
III. Pre-emptive right
IV. Right of first refusal
III. Intra-corporate disputes
I. Concept
II. Individual vs. representative vs. derivative suits
VII. Foreign Corporations
I. What constitutes doing business
II. Personality to sue and suability
VIII. Mergers and Consolidations
I. Concept
II. Effects and limitations

I. SECURITIES REGULATION CODE (RA 8799)


I. Registration requirement; exemptions
II. Prohibitions on fraud, manipulation, and insider trading
III. Protection of investors
I. Tender offer rule
II. Rules on proxy solicitation
III. Disclosure rule

I. BANKING
I. The New Central Bank Act (RA 7653, as amended by RA 11211)
I. Handling of banks in distress
I. Conservatorship
II. Closure
III. Receivership
IV. Liquidation
II. Secrecy of bank deposits (RA 1405, as amended, and RA 6426, as amended)
I. Prohibited acts
II. Exceptions from coverage
III. Garnishment of deposits, including foreign deposits
III. General Banking Law of 2000 (RA 8791)
I. Nature of bank funds and bank deposits
II. Diligence required of banks
III. Prohibited transactions by bank directors and officers
IV. Philippine Deposit Insurance Corporation Act (RA 3591, as amended)
I. Maximum deposit insurance coverage
II. Meaning of insured deposit
III. Splitting of deposits

I. INTELLECTUAL PROPERTY CODE (RA 8293)


I. Patents
I. Patentable vs. non-patentable inventions
II. Ownership of a patent
III. Grounds for cancellation of a patent
IV. Remedy of the true and actual inventor
V. Rights conferred by a patent
VI. Limitations on patent rights
VII. Patent infringement
II. Trademarks
I. Marks vs. collective marks vs. trade names
II. Acquisition of ownership
I. Concept of actual use
II. Effect of registration
III. Non-registrable marks
IV. Well-known marks
V. Priority right
VI. Rights conferred by registration
VII. Cancellation of registration
VIII. Trademark infringement
IX. Unfair competition
III. Copyrights
I. Copyrightable works
II. Non-copyrightable works
III. Rights conferred by copyright
IV. Ownership of a copyright
V. Limitations on copyright
VI. Doctrine of fair use
VII. Copyright infringement

I. ANTI-MONEY LAUNDERING ACT (RA 9160, as amended)


I. Covered institutions and their obligations
II. Covered and suspicious transactions
III. Safe harbor provision
IV. When is money laundering committed (including predicate crimes)
V. Authority to inquire into bank deposits
II.
I. Freezing and forfeiture

I. ELECTRONIC COMMERCE ACT (RA 8792)


I. Legal recognition of electronic data messages, documents, and signatures
II. Presumption relating to electronic signatures
III. Admissibility and evidential weight of electronic data message or electronic
document
IV. Obligation of confidentiality

I. DATA PRIVACY ACT (RA 10173)


I. Personal vs. sensitive personal information
II. Scope
III. Processing of personal information
IV. Rights of data subject

I. FINANCIAL REHABILITATION, INSOLVENCY, LIQUIDATION and


SUSPENSION OF PAYMENTS (RA 10142, FR Rules [A.M. No. 12-12-11-SC], and
FLSP Rules [A.M. No.15-04-06-SC])
I. Basic concepts
I. Rehabilitation
II. Insolvent
III. Liquidation
IV. Suspension of payments
II. Modes of rehabilitation
I. Court-supervised rehabilitation
I. Voluntary vs. involuntary
II. Commencement order (including stay order)
III. Rehabilitation receiver and management committee
IV. Determination of claims
V. Rehabilitation plan
I. Concept of feasibility
II. Material financial commitments
III. Liquidation analysis
VI. Creditor approval and confirmation
VII. Failure of rehabilitation
II. Pre-negotiated rehabilitation
I. How initiated
II. Period and effect of approval
III. Out-of-Court or Informal Restructuring Agreement or Rehabilitation
Plan
I. Minimum requirements
II. Standstill period
III. Cram down effect
III. Liquidation
I. Voluntary liquidation vs. involuntary liquidation vs. conversion
II. Procedure
I. Liquidation order; effects
III. Determination of claims
IV. Suspension of Payments; Suspension of Payment Order
V. Remedies
I. Motion for reconsideration
II. Petition for certiorari

- NOTHING FOLLOWS -

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