Who is Atty. Jayr?

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Atty. Eufemio A. Simtim, Jr. or Atty. Jayr is a licensed lawyer in the Philippines. He is a Partner at Simtim Gunay Viejo Sales Sobrejuanite Law Group, but he does only virtual consultations as he is presently out of the country. He has been in the litigation practice in most part of his legal career and has worked in the academe, in the government and in the corporate world. He also passed the PRC licensure exams for Real Estate Broker and for Real Estate Appraiser (Rank No. 5). He presently runs his Youtube Channel, @yourlawyer, providing free legal information and updates.

Sunday, April 10, 2011

Brief Reflection on the Recently Held National Convention of Lawyers

It was the first time that I attended the IBP National Convention of Lawyers. If asked what said event has remarkably achieved in as far as I am concerned, I could say that it has successfully brought back the burning passion in me as a member of the bar, more than the chance visits we paid to some spots in Subic.

The challenges that beset me in the profession have been enormous, such that, in every step of the way, I had to reckon with intricate circumstances and crossroads,offering from complex options to none. A lawyer, imperatively, has to rise above all of these challenges. Now, the resolve is there - rekindled - to confront all the challenges with adherence to the sworn obligation as an officer of the court and a priest of justice. It is hoped, therefore, that the Supreme Court, including all inferior courts, would provide the needed atmosphere to restore the declining public trust in our judicial system.

Thursday, June 3, 2010

COVERAGE OF THE 2010 BAR EXAMINATION

COVERAGE OF THE BAR EXAMINATION
POLITICAL AND PUBLIC INTERNATIONAL LAW
SEPTEMBER 5, 2010
(First Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Constitutional Law
2. Political Law
3. Administrative Law and Law on Public Officers
EXCLUDE Implementing rules and regulations of different agencies;
Laws on Suffrage
(a) Party-List Law (R.A. 7941)
(b) Omnibus Election Code of the Philippines (B.P Blg. 881)
(c) Electoral Reforms Law of 1987 (R.A. No. 6646)
(d) R.A. 7166 – An Act Providing for Synchronized National and Local Elections and
For Electoral Reforms
4. Local Government Code (R.A. No.7160) (Basics)
EXCLUDE: Provisions Relating to Local Taxation)
5. Public Corporations
7. Public International Law

COVERAGE OF THE BAR EXAMINATION
LABOR STANDARDS/TERMINATION LAW AND
SOCIAL LEGISLATION
September 5, 2010
(First Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
I. Labor Laws (Labor Standards Law and Labor Relation Law)
(a) Labor Code of the Philippines (P.D. No. 442, as amended).
Books I, II, III, V, VI and VII
EXCLUDE: Book IV
(b) Thirteenth (13th) Month Pay Law (P.D. No. 851, as amended)
(c) The Omnibus Rules Implementing the Labor Code of the Philippines.
(Limited to cases decided by the Supreme Court)
(d) Guidelines for the Exercise of the Right to Organize of Government
Employees, etc. (Executive Order No. 180, June 1, 1987).
II. Social Legislation
(a) Social Security Act of 1997 (R.A. No. 8282)
(b) Government Service Insurance Act of 1997 (R.A. No. 8291)
(c) Anti-Sexual Harassment Act of 1995 (R.A. No. 7877)
EXCLUDE:
(a) Employees Compensation and State Insurance Fund.
(b) Comprehensive Agrarian Reform Law

COVERAGE OF THE BAR EXAMINATION
CIVIL LAW
September 12, 2010
(Second Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Civil Code of the Philippines
INCLUDE The Law on Sale of Subdivision Lots and Condominium (P.D.
No. 957) and the Condominium Act (R.A. 4726)
(Basic Principles of Law)
EXCLUDE the following:
(a) Code of Muslim Personal Laws of the Philippines
(P.D. No.1083)
(b) Water Code (P.D. 1067)
(c) The Rental Law (B.P. Blg. 25 and amendments)
(d) Intellectual Property Law
2. The Family Code of the Philippines
EXCLUDE Child and Youth Welfare Code (P.D. 603)
3. Domestic Adoption Act of 1998 (R.A. No. 8552)
4. Inter-Country Adoption Act of 1995 (R.A. No. 8043)
5. Property Registration Decree (P.D. No. 1529)
INCLUDE Public Land Law (C.A. No. 141, as amended)
6. Conflict of Laws (Private International Law)

COVERAGE OF THE BAR EXAMINATION
TAXATION
September 12, 2010
(Second Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. General Principles of Taxation
2. National Internal Revenue Code
INCLUDE (a) Comprehensive Tax Reform Act of 1997 (R.A. No. 8424)– Provisions
in effect
(b) All Value Added Tax (VAT) laws in effect
EXCLUDE Percentage Taxes, Excise Taxes and Documentary Stamp Taxes
3. Tariff and Customs Code
EXCLUDE Arrastre and Classification of Commodities
4. Republic Act No. 1125, Creating the Court of Tax Appeals, as amended
5. The Local Government Code on Taxation

COVERAGE OF THE BAR EXAMINATION
MERCANTILE LAW
September 19, 2010
(Third Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Code of Commerce
(a) Letters of Credit under the Code of Commerce (Articles 567-572)
INCLUDE the following:
(i). The Warehouse Receipts Law (Act No. 2137 in relation to the General Bonded
Warehouse Act [Act No. 3893])
(ii). Presidential Decree 115 on Trust Receipts
2. Negotiable Instruments Law (Act No. 2031)
3. Insurance Code (P.D. No. 1460)
INCLUDE Philippine Deposit Insurance Corporation Act (R.A. 3591, as amended)
4. Transportation Laws
(a) Common Carriers (Civil Code, Arts. 1732 to 1766).
(b) Commercial Contracts for Transportation Overland
(Code of Commerce, Arts. 349 to 379)
(c) Maritime Commerce (Code of Commerce, Arts. 673 to 736; also Arts. 580-584 of
Code of Commerce, as superseded by R.A. No. 6106; Arts. 806 to 845 of Code of
Commerce; Paragraph 6 of Section 3 of Carriage of Goods by Sea Act [Com. Act
65])
(d) Public Service Act (Com. Act No.146), as amended.
(e) The Warsaw Convention of 1929(Limited to the Carrier’s Liability).
5. Corporation Law
(a) The Corporation Code (B.P. Blg.68)
(b) Securities Regulation Code (R.A. 8799)
(c) Banking Laws: (General terms and provisions)
i) The New Central Bank Act (R.A. No. 7653) (Basics)
ii) Law on Secrecy of Bank Deposits
(R.A. No. 1405, as amended)
iii) General Banking Act (R.A. 8791)
6. Intellectual Property Code (R.A. No. 8293)(Basics)
EXCLUDE: Implementing Rules and Regulations
7. Intra-Corporate Dispute and Controversy
(Rehablitation Law)
EXCLUDE: Insolvency Law
8. Special Laws
(a) The Chattel Mortgage Law (Act 1508 in Relation to Arts. 1484, 1485, 2140, and
2141 of the Civil Code)
(b) Real Estate Mortgage Law (Act No. 3135, as amended by R.A. No. 4118)
(c) Truth in Lending Act (R.A. No. 3765)
EXCLUDE the following:
(1) Omnibus Investment Code of 1987 (Executive Order No. 226)
(2) Foreign Investment Act of 1991 (R.A. No. 7042)

COVERAGE OF THE BAR EXAMINATION
CRIMINAL LAW
September 19, 2010
(Third Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. The Revised Penal Code (Books I and II), as amended.
EXCLUDE: Penalties for specific felonies
2. Indeterminate Sentence Law
3. Probation Law
4. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)
5. Anti-Fencing Law (P.D. No. 1612)
6. Bouncing Checks Law (B.P. Blg. 22)
7. Dangerous Drugs Act of 2002 (R.A. No. 9125, as amended)
8. Heinous Crimes Act (R.A. No. 7659, as amended)
9. Anti-Money Laundering Act of 2001 (R.A No. 9160)
EXCLUDE: Civil Forfeiture Rules

COVERAGE OF THE BAR EXAMINATION
REMEDIAL LAW
September 26, 2010
Fourth Sunday, Morning

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. The Rules of Court, as amended
(a) 1997 Rules of Civil Procedure
(b) Revised Rules of Criminal Procedure (effective December 1, 2000)
(c) Rules on Evidence
INCLUDE: i) DNA
ii) Electronic
(d) Rules on Special Proceedings
2. The 1991 Revised Rules on Summary Procedure
3. Local Government Code on Conciliation Procedures
(Book III, Title I, Chapter 7)
4. The Judiciary Reorganization Act of 1980 (B.P. Blg. 129), as amended by R.A. No.
7691 and rules issued thereunder (emphasis on jurisdiction excluding purely
administrative provisions)
EXCLUDE: Quasi-Judicial Bodies
5. Judiciary Act of 1948
EXCLUDE the following:
(a) P.D. No. 946 (Reorganizing the CAR)
(b) Military Justice
6. Jurisdiction of Sandiganbayan
(a) R.A. No. 7975
(b) R.A. No. 8249
7. The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC)
8. The Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC)

COVERAGE OF THE BAR EXAMINATION
LEGAL ETHICS AND PRACTICAL EXERCISES
September 26, 2010
(Fourth Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential Decrees and Executive Orders, covering the following subjects:

1. Code of Judicial Conduct
2. Code of Professional Responsibility
3. Grievance Procedures (Rule 139-b, Rules of Court)
4. Legal Forms

Source: http://sc.judiciary.gov.ph/bar/announcement/COVERAGE%202010%20Bar.pdf

RULES ON THE CONDUCT OF THE BAR EXAMINATIONS

1. No refund of the examination fee will be allowed, whether or not your petition to take the Bar Examinations is approved. In case you are unable to take the examinations, seventy-five percent (75%) of the said fee may be applied to a future Bar Examinations.
2. Failure to take the test in any subject will bar you from taking the rest of the examinations. (Res., October 1, 1968)
3. Always bring with you your Notice of Admission, which shall serve as your pass to the examination compound/room.
4. Bringing of deadly weapons, cameras, tape recorders, cellphones, other radio or stereo equipment, communication gadgets or any other electronic device is STRICTLY PROHIBITED.
5. You are required to come early. Gates open at 5:00 A.M. and 12:00 P.M. on examination days and close at 7:30 A.M. and 1:30 P.M., afterwhich no one will be allowed to enter without permission from the Chairman.
6. Upon arrival at the examination compound in the morning of each examination day, consult the bulletin boards along the ground corridors and on the floor to which you are assigned for your room assignment.
7. For an easy and orderly location of your assigned building and room, you are required to wear your color-coded Identification Card at all times. When you arrive at the examination area, you are required to proceed to your room assignment and not to wander around.
8. Eating inside the classrooms and anywhere inside the examination buildings is STRICTLY PROHIBITED. Eating is however allowed in the following areas: a) gazebo area, b) pebble wash area, and c) Chess Plaza. As mandated by the De la Salle University Administration SMOKING is STRICTLY PROHIBITED anywhere within the premises even in open spaces.
9. You will be allowed to enter your room before the start of the examination upon submission of your Notice of Admission to the headwatcher, but you have to conduct yourself properly by avoiding loud discussions and conversations. Attend to your personal needs before the FIRST BELL.
10. At the sound of the FIRST BELL (7:45 A.M. and 1:45 P.M.), no examinee will be allowed to leave the room. All books and notes should then be placed in front of the room. An examinee will be considered cheating if caught with notes or “codigos” during the examination.
11. A name card will be given to you by the headwatcher which should be STRICTLY ACCOMPLISHED in the following manner and order:
1. PRINT your complete name as follows – family name, given name and middle name – on the first line;
2. Affix your CUSTOMARY SIGNATURE on the second line;
3. INDICATE THE SCHOOL where you finished your law course at the bottom of the card;
4. Affix your RIGHT THUMBMARK on the space provided therefor;
5. INSERT the name card into the envelope, which is attached to the examination notebook, after the headwatcher has signed at the back thereof ; and,
6. Ask the headwatcher to SEAL THE ENVELOPE.
12. Only fountain pens and sign pens in permanent blue, blue-black or black ink should be used during examinations. Variation in the color of ink and the style of your handwriting should be avoided.
13. Begin answering at the sound of the SECOND BELL (8:00 A.M. and 2:00 P.M.). Anyone caught answering before the Second Bell will be dealt with accordingly.
14. Per SC Resolution dated 3 February 2009 in Bar Matter No. 1161 (Re: Proposed Reforms in the Bar Examinations), each Bar subject is now divided into two (2) parts, namely: Part I and Part II. There will still be one (1) set of questionnaire and notebook per Bar subject but the same shall be divided into said Part I and Part II. Examinees may start writing their answers for each part beginning on the page of the notebook where the words “Begin Answering on this Page” appear. He/she has the discretion on which part to answer first.
15. In correcting a mistake in your answer, simply draw a line across the word or words you want to change. DO NOT ERASE OR TEAR OFF ANY PAGE OF THE NOTEBOOK. DO NOT WRITE YOUR NAME IN THE NOTEBOOK OR MAKE ANY UNNECESSARY MARKING OR USE ANY IMPERTINENT EXPRESSION which may be construed as a means of identifying your notebook. Names of persons should be represented by letters of the alphabet such as A, B, C, etc., unless particular names are called for.
16. Write your answers on one side of the paper only – on the face and not on the back page. In case all the front pages have been consumed, you may use the back pages commencing on the first leaf and so on.
17. The THIRD BELL signifies that only five (5) minutes are left before the end of the examination.
18. When you finish answering or at the sound of the FOURTH BELL (12:00 NOON and 5:00 P.M.), as the case may be, submit your notebook together with the questionnaire.
19. After every examination and before leaving the room, ask for your Notice of Admission from the headwatcher who shall accomplish the certification at the back thereof.
20. Your Notice of Admission will be retained by the headwatcher at the end of the last examination. i.e., Legal Ethics and Practical Exercises.
21. ANY VIOLATION OF THE FOREGOING RULES WILL BE CONSIDERED SUFFICIENT CAUSE FOR THE NULLIFICATION OF YOUR EXAMINATION AND DISQUALIFICATION FROM FUTURE BAR EXAMINATIONS.

Source: http://sc.judiciary.gov.ph/bar/announcement/bar_requirements.php

NOTE:

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