2010 BarExam

POLITICAL LAW
05 September 2010 8 A.M. – 12 NN.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with sixteen (16) questions (numbered I to
XVI), contained in eight (8) pages; and Part II with eleven (11) questions (numbered XVII to
XXVII), contained in four (4) pages, for a total number of twelve (12) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the
booklet.
Begin your answer to each numbered question on a separate page; an answer to a

subquestion under the same number may be written continuously on the same page and
succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12)PAGES (INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW
PART I
The dictatorial regime of President A of the Republic of Gordon was toppled by a combined
force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The
new government constituted a Truth and Reconciliation Commission to look into the serious
crimes committed under President A’s regime. After the hearings, the Commission
recommended that an amnesty law be passed to cover even those involved in mass killings
of members of indigenous groups who opposed President A. International human rights
groups argued that the proposed amnesty law is contrary to international law. Decide with
reasons. (4%)
II
Compare and contrast the jurisdiction of the International Criminal Court and International
Court of Justice. (3%)
III
A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts
Movement in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners,
specially journalists, A moved around the Thai capital. In the course of his coverage, he was
killed with a stray bullet which was later identified as having come from the ranks of the
Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance.
a. Is there state responsibility on the part of Thailand? (2%)

b. What is the appropriate remedy available to the victim’s family under international
law? (3%)
IV
Choose the statement which appropriately completes the opening phrase:
A State which resorts to retorsion in international law
a. must ensure that all states consent to its act.

b. cannot curtail migration from the offending state.
c. can expel the nationals of the offending state.
d. should apply proportionate response within appreciable limit.
e. None of the above.
Explain your answer. (2%)
Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had
declared in her Statement of Assets and Liabilities. A member of her political party authored
a bill which would provide a 5-year development plan for all industrial estates in the
Southern Tagalog Region to attract investors. The plan included an appropriation of 2 billion
pesos for construction of roads around the estates. When the bill finally became law, a civil
society watchdog questioned the constitutionality of the law as it obviously benefitted
Congresswoman A’s industrial estate. Decide with reasons. (3%)
VI
The “Poverty Alleviation and Assistance Act” was passed to enhance the capacity of the most
marginalized families nationwide. A financial assistance scheme called “conditional cash
transfers” was initially funded 500 million pesos by Congress. One of the provisions of the
law gave the Joint-Congressional Oversight Committee authority to screen the list of
beneficiary families initially determined by the Secretary of Department of Social Welfare
and Development pursuant to the Department implementing rules. Mang Pandoy, a resident
of Smokey Mountain in Tondo, questioned the authority of the Committee.
a. Does Mang Pandoy have legal standing to question the law?(2%)

b. Is the grant of authority to the Oversight Committee to screen beneficiaries
constitutional? (3%)
Decide with reasons.
VII
True or False.
a. A proclamation of a state of emergency is sufficient to allow the President to take

over any public utility. (0.5%)
b. A treaty which provides tax exemption needs no concurrence by a majority of all the
Members of the Congress. (0.5%)
VIII
Distinguish “presidential communications privilege” from “deliberative process privilege.”

(3%)
IX
The League of Filipino Political Scientists (LFPS) organized an international conference on the
human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled
Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as
keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and
national security implications of having Prof. Kui address the conference. The President
thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into
Philippine territory. The chancellor of CLSU argued that the instruction violates the
Constitution. Decide with reasons. (4%)
A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ
of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued
inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp
Aquino and permit the copying of relevant documents, including the list of detainees, if any.
Accompanied by court-designated Commission on Human Rights (CHR) lawyers, A took
photographs of a suspected isolation cell where her husband was allegedly seen being held
for three days and tortured before he finally disappeared. The CHR lawyers requested one
Lt. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that
he had custody of the master plan. Lt. Valdez objected on the ground that it may violate his
right against self-incrimination. Decide with reasons. (4%)
XI
Which statement best completes the following phrase: (1%)
“Freedom from torture is a right
a. subject to derogation when national security is threatened.”

b. confined only during custodial investigation.”
c. which is non-derogable both during peacetime and in a situation of armed conflict.”
d. both (a) and (b)
e. none of the above.
XII
A witnessed two hooded men with baseball bats enter the house of their next door neighbor
B. After a few seconds, he heard B shouting, “Huwag Pilo babayaran kita agad.” Then A saw
the two hooded men hitting B until the latter fell lifeless. The assailants escaped using a
yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village
nearby. A reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the
motorcycle parked in the garage of a house at Sta. Ines Street inside the exclusive village.
He inquired with the caretaker as to who owned the motorcycle. The caretaker named the
brothers Pilo and Ramon Maradona who were then outside the country. PO1 Nuval insisted
on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2 ski
masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure?
Decide with reasons. (4%)
XIII
True or False.
a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated

by a local government unit. (0.5%)
b. Re-classification of land by a local government unit may be done through a
resolution. (0.5%)
c. Boundary disputes between and among municipalities in the same province may be
filed immediately with the Regional Trial Court. (0.5%)
d. The Metropolitan Manila Development Authority is authorized to confiscate a driver’s
license in the enforcement of traffic regulations. (0.5%)
XIV
ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever
fluid substances are released through a nearby creek, obnoxious odor is emitted causing
dizziness among residents in Barangay La Paz. On complaint of the Punong Barangay, the
City Mayor wrote ABC demanding that it abate the nuisance. This was ignored. An invitation
to attend a hearing called by the Sangguniang Panlungsod was also declined by the
president of ABC. The city government thereupon issued a cease and desist order to stop the
operations of the plant, prompting ABC to file a petition for injunction before the Regional
Trial Court, arguing that the city government did not have any power to abate the alleged
nuisance. Decide with reasons. (3%)
XV
True or False.
a. A person who occupies an office that is defectively created is a de facto officer.

(0.5%)
b. The rule on nepotism does not apply to designations made in favor of a relative of the
authority making a designation. (0.5%)
c. A discretionary duty of a public officer is never delegable. (0.5%)
d. Acquisition of civil service eligibility during tenure of a temporary appointee does not
automatically translate to a permanent appointment. (0.5%)
XVI
Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since
birth, is a Manila-based entrepreneur who runs KABAKA, a coalition of peoples’ organizations
from fisherfolk communities. KABAKA’s operations consist of empowering fisherfolk leaders
through livelihood projects and trainings on good governance. The Dutch Foundation for
Global Initiatives, a private organization registered in The Netherlands, receives a huge
subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy seeks to register KABAKA as a party-list with
himself as a nominee of the coalition. Will KABAKA and Rudy be qualified as a party-list and
a nominee, respectively? Decide with reasons. (4%)
PART II
XVII
During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP
checkpoint for carrying highpowered firearms in his car. He was charged and convicted for
violation of the COMELEC gun ban. He did not appeal his conviction and instead applied for
executive clemency. Acting on the favorable recommendation of the Board of Pardons and
Parole, the President granted him pardon. Is he eligible to run again for an elective position?
Explain briefly. (5%)
XVIII
The House Committee on Appropriations conducted an inquiry in aid of legislation into

alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF)
and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X, a Division
Chief of the Department of Budget and Management (DBM). Implicated in the questionable
disbursements are high officials of the Palace. The House Committee summoned X and the
DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but
refused to testify invoking executive privilege.
a. May X be compelled to appear and testify? If yes, what sanction may be imposed on
him? (2%)
b. Is the Budget Secretary shielded by executive privilege from responding to the
inquiries of the House Committee? Explain briefly. If the answer is no, is there any
sanction that may be imposed upon him? (3%)
XIX
To instill religious awareness in the students of Doña Trinidad High School, a public school in
Bulacan, the Parent- Teacher’s Association of the school contributed funds for the
construction of a grotto and a chapel where ecumenical religious services and seminars are
being held after school hours. The use of the school grounds for these purposes was
questioned by a parent who does not belong to any religious group. As his complaint was not
addressed by the school officials, he filed an administrative complaint against the principal
before the DECS. Is the principal liable? Explain briefly. (5%)
XX
Define/explain the following:

a. Doctrine of operative facts (1%)
b. De facto municipal corporation (1%)
c. Municipal corporation by estoppel (1%)
d. Doctrine of necessary implication (1%)
e. Principle of holdover (1%)
XXI
The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub
owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners
and the hospitality girls assailed the validity of the ordinance for being violative of their
constitutional rights to privacy and to freely choose a calling or business. Is the ordinance
valid? Explain. (5%)
XXII
Governor Diy was serving his third term when he lost his governorship in a recall election.
a. Who shall succeed Governor Diy in his office as Governor? (1%)

b. Can Governor Diy run again as governor in the next election? (2%)
c. Can Governor Diy refuse to run in the recall election and instead resign from his
position as governor? (2%)
XXIII
A was a career Ambassador when he accepted an ad interim appointment as Cabinet

Member. The Commission on Appointments bypassed his ad interim appointment, however,
and he was not re-appointed. Can he re-assume his position as career Ambassador? (5%)
XXIV
Compare and contrast “overbreadth doctrine” from “void-forvagueness” doctrine. (5%)
XXV
a. What is the rotational scheme of appointments in the COMELEC? (2%)

b. What are the two conditions for its workability? (2%)
c. To what other constitutional offices does the rotational scheme of appointments
apply? (2%)
XXVI
Distinguish between “pocket veto” and “item veto.” (2%)
XXVII
What is the concept of association under international law? (2%)
LABOR LAW
05 September 2010 2 P.M. – 5 P.M.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with thirteen (13) questions (numbered I to
XIII), contained in seven (7) pages; and Part II with twelve (12) questions (numbered XIV-
XXV), contained in six (6) pages, for a total number of thirteen (13) pages.
booklet.
Begin your answer to each numbered question on a separate page; an answer to a

subquestion under the same number may be written continuously on the same page and
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).
LABOR AND SOCIAL LEGISLATION
PART I
TRUE OR FALSE. Explain your answer briefly.
1. Deeds of release, waivers and quitclaims are always valid and binding. (2%)
2. The relations between employer and employee are purely contractual in nature. (2%)
3. As a general rule, direct hiring of Overseas Filipino Workers (OFWs) is not allowed. (2%)
II
a. Distinguish the terms “conciliation,” “mediation” and “arbitration.” (3%)

b. Differentiate “surface bargaining” from “blue-sky bargaining.” (2%)
III
A, single, has been an active member of the Social Security System for the past 20 months.
She became pregnant out of wedlock and on her 7th month of pregnancy, she was informed
that she would have to deliver the baby through caesarean section because of some
complications. Can A claim maternity benefits? If yes, how many days can she go on
maternity leave? If not, why is she not entitled? (3%)
IV
A, a worker at ABC Company, was on leave with pay on March 31, 2010. He reported for
work on April 1 and 2, Maundy Thursday and Good Friday, respectively, both regular
holidays. Is A entitled to holiday pay for the two successive holidays? Explain. (3%)
Company XYZ has two recognized labor unions, one for its rank-and-file employees (RFLU),
and one for supervisory employees (SELU). Of late, the company instituted a restructuring
program by virtue of which A, a rank-and-file employee and officer of RFLU, was promoted
to a supervisory position along with four (4) other colleagues, also active union members
and/or officers. Labor Union KMJ, a rival labor union seeking recognition as the rank-and-file
bargaining agent, filed a petition for the cancellation of the registration of RFLU on the
ground that A and her colleagues have remained to be members of RFLU. Is the petition
meritorious? Explain. (3%)
VI
A is a member of the labor union duly recognized as the sole bargaining representative of his
company. Due to a bargaining deadlock, 245 members of the 500-strong union voted on
March 13, 2010 to stage a strike. A notice of strike was submitted to the National
Conciliation and Mediation Board on March 16, 2010. Seven days later or on March 23, 2010,
the workers staged a strike in the course of which A had to leave and go to the hospital
where his wife had just delivered a baby. The union members later intimidated and barred
other employees from entering the work premises, thus paralyzing the business operations
of the company.
A was dismissed from employment as a consequence of the strike.
a. Was the strike legal? Explain. (3%)

b. Was A’s dismissal valid? Why or why not? (3%)
VII
A was an able seaman contracted by ABC Recruitment Agency for its foreign principal,
Seaworthy Shipping Company (SSC). His employment contract provided that he would serve
on board the Almieda II for eight (8) months with a monthly salary of US$450. In connection
with his employment, he signed an undertaking to observe the drug and alcohol policy which
bans possession or use of all alcoholic beverages, prohibited substances and un-prescribed
drugs on board the ship. The undertaking provided that: (1) disciplinary action including
dismissal would be taken against anyone in possession of the prohibited substances or who
is impaired by the use of any of these substances, and (2) to enforce the policy, random test
sampling would be done on all those on board the ship.
On his third month of service while the Almieda II was docked at a foreign port, a random
drug test was conducted on all members of the crew and A tested positive for marijuana. He
was given a copy of the drug test result. In compliance with the company’s directive, he
submitted his written explanation which the company did not find satisfactory. A month
later, he was repatriated to the Philippines.
Upon arrival in the Philippines, A filed with the National Labor Relations Commission (NLRC)
a complaint against the agency and the principal for illegal dismissal with a claim for salaries
for the unexpired portion of his contract.
a. Was A’s dismissal valid? Explain. (3%)

b. Is his claim for salaries for the unexpired portion of his contract tenable? Explain.
(3%)
VIII
ABC company and U labor union have been negotiating for a new Collective Bargaining
Agreement (CBA) but failed to agree on certain economic provisions of the existing
agreement. In the meantime, the existing CBA expired. The company thereafter refused to
pay the employees their midyear bonus, saying that the CBA which provided for the grant of
midyear bonus to all company employees had already expired. Are the employees entitled to
be paid their midyear bonus? Explain your answer. (3%)
IX
A was working as a medical representative of RX pharmaceutical company when he met and

fell in love with B, a marketing strategist for Delta Drug Company, a competitor of RX. On
several occasions, the management of RX called A’s attention to the stipulation in his
employment contract that requires him to disclose any relationship by consanguinity or
affinity with coemployees or employees of competing companies in light of a possible conflict
of interest. A seeks your advice on the validity of the company policy. What would be your
advice? (3%)
A, an employee of XYZ Cooperative, owns 500 shares in the cooperative. He has been asked
to join the XYZ Cooperative Employees Association. He seeks your advice on whether he can
join the association. What advice will you give him? (3%)
XI
Because of continuing financial constraints, XYZ, Inc. gave its employees the option to
voluntarily resign from the company. A was one of those who availed of the option. On
October 5, 2007, he was paid separation benefits equivalent to seven (7) months pay for his
six (6) years and seven (7) months of service with the company and he executed a waiver
and quitclaim.
A week later, A filed against XYZ, Inc. a complaint for illegal dismissal. While he admitted
that he was not forced to sign the quitclaim, he contended that he agreed to tender his
voluntary resignation on the belief that XYZ, Inc. was closing down its business. XYZ, Inc.,
however, continued its business under a different company name, he claimed.
Rule on whether the quitclaim executed by A is valid or not. Explain. (3%)
XII
On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc.
through its Philippine manning agency XYZ. Under the standard employment contract of the
Philippine Overseas Employment Administration (POEA), his employment was to commence
upon his actual departure from the port in the point of hire, Manila, from where he would
take a flight to the USA to join the cruise ship “MS Carnegie.” However, more than three
months after A secured his exit clearance from the POEA for his supposed departure on
January 15, 2009, XYZ still had not deployed him for no valid reason.
Is A entitled to relief? Explain. (3%)
XIII
A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized
exclusive bargaining agent. Although A is a member of rival union XYR-MU, he receives the
benefits under the CBA that XYZ-EU had negotiated with the company.
XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A
insists that he has no obligation to pay said dues and fees because he is not a member of
XYZ–EU and he has not issued an authorization to allow the collection. Explain whether his
claim is meritorious. (3%)
PART II
XIV
After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a beer
factory, A hurried home to catch the early evening news and have dinner with his family. At
around 10 p.m. of the same day, the plant manager called and ordered A to fill in for C who
missed the second shift.
a. May A validly refuse the plant manager’s directive? Explain. (2%)

b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday,
may the company argue that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work rendered from 1 a.m. to 2 a.m.?
Explain? (3%)
XV
Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc.,

recently admitted a member of the company’s managerial staff, A, into the union ranks.
a. Should A be a member of the supervisory union? Explain. (2%)

b. Assuming that A is ineligible to join the union, should the registration of Samahang
Manggagawa ng Terracota be cancelled? Explain. (3%)
XVI
On the first day of collective bargaining negotiations between rank-and-file Union A and B
Bus Company, the former proposed a P45/day increase. The company insisted that ground
rules for negotiations should first be established, to which the union agreed. After agreeing
on ground rules on the second day, the union representatives reiterated their proposal for a
wage increase. When company representatives suggested a discussion of political provisions
in the Collective Bargaining Agreement as stipulated in the ground rules, union members
went on mass leave the next day to participate in a whole-day prayer rally in front of the
company building.
a. The company filed a petition for assumption of jurisdiction with the Secretary of Labor
and Employment. The Union opposed the petition, arguing that it did not intend to
stage a strike. Should the petition be granted? Explain. (2%)
b. The Union contended that assuming that the mass leave will be considered as a
strike, the same was valid because of the refusal of the company to discuss the
economic provisions of the CBA. Rule on the contention. (2%)
c. Union member AA, a pastor who headed the prayer rally, was served a notice of
termination by management after it filed the petition for assumption of jurisdiction.
May the company validly terminate AA? Explain. (2%)
XVII
A was hired to work in a sugar plantation performing such tasks as weeding, cutting and
loading canes, planting cane points, fertilizing and cleaning the drainage. Because his daily
presence in the field was not required, A also worked as a houseboy at the house of the
plantation owner. For the next planting season, the owner decided not to hire A as a
plantation worker but as a houseboy instead. Furious, A filed a case for illegal dismissal
against the plantation owner. Decide with reason. (3%)
XVIII
Flight attendant A, five feet and six inches tall, weighing 170 pounds ended up weighing 220
pounds in two years. Pursuant to the long standing Cabin and Crew Administration Manual of
the employer airline that set a 147-pound limit for A’s height, management sent A a notice
to “shape up or ship out” within 60 days. At the end of the 60-day period, A reduced her
weight to 205 pounds. The company finally served her a Notice of Administration Charge for
violation of company standards on weight requirements. Should A be dismissed? Explain.
(3%)
XIX
Several employees and members of Union A were terminated by Western Phone Co. on the
ground of redundancy. After complying with the necessary requirements, the Union staged a
strike and picketed the premises of the company. The management then filed a petition for
the Secretary of Labor and Employment to assume jurisdiction over the dispute. Without the
benefit of a hearing, the Secretary issued an Order to assume jurisdiction and for the parties
to revert to the status quo ante litem.
a. Was the order to assume jurisdiction legal? Explain. (2%)

b. Under the same set of facts the Secretary instead issued an Order directing all
striking workers to return to work within 24 hours, except those who were terminated
due to redundancy. Was the Order legal? Explain. (3%)
XX
A, a driver for a bus company, sued his employer for nonpayment of commutable service
incentive leave credits upon his resignation after five years of employment. The bus
company argued that A was not entitled to service incentive leave since he was considered a
field personnel and was paid on commission basis and that, in any event, his claim had
prescribed. If you were the Labor Arbiter, how would you rule? Explain. (6%)
XXI
A was approached for possible overseas deployment to Dubai by X, an interviewer of job

applicants for Alpha Personnel Services, Inc., an overseas recruitment agency. X required A
to submit certain documents (passport, NBI clearance, medical certificate) and to pay
P25,000 as processing fee. Upon payment of the said amount to the agency cashier, A was
advised to wait for his visa. After five months, A visited the office of Alpha Personnel
Services, Inc. during which X told him that he could no longer be deployed for employment
abroad. A was informed by the Philippine Overseas Employment Administration (POEA) that
while Alpha Personnel Services, Inc. was a licensed agency, X was not registered as its
employee, contrary to POEA Rules and Regulations. Under POEA Rules and Regulations, the
obligation to register personnel with the POEA belongs to the officers of a recruitment
agency.
a. May X be held criminally liable for illegal recruitment? Explain. (2%)

b. May the officers having control, management or direction of Alpha Personnel
Services, Inc. be held criminally liable for illegal recruitment? Explain. (3%)
XXII
A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi
Arabian construction firm, with a monthly salary of $650.00. When she got to the
construction site, the employer compelled her to sign another contract that referred her to
another employer for a salary of $350.00. She worked for the second employer and was paid
$350.00 until her two-year contract expired. Upon her return to the Philippines, she filed a
case against the agency and the two employers. May the agency validly raise the defense
that it was not privy to the transfer of A to the second employer? Explain. (3%)
XXIII
A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before the
NLRC, alleging that he was paid below the minimum wage. The employer denied any
underpayment, arguing that based on long standing, unwritten policy, the Hotel provided
food and lodging to its housekeeping employees, the costs of which were partly shouldered
by it and the balance was charged to the employees. The employees’ corresponding share in
the costs was thus deducted from their wages. The employer concluded that such valid
deduction naturally resulted in the payment of wages below the prescribed minimum. If you
were the Labor Arbiter, how would you rule? Explain. (3%)
XXIV
Rank-and-file workers from Peacock Feathers, a company with 120 employees, registered
their independent labor organization with the Department of Labor and Employment (DOLE)
Regional Office. Management countered with a petition to cancel the union’s registration on
the ground that the minutes of ratification of the union constitution and by-laws submitted to
the DOLE were fraudulent. Specifically, management presented affidavits of ten (10) out of
forty (40) individuals named in the list of union members who participated in the ratification,
alleging that they were not present at the supposed January 1, 2010 meeting held for the
purpose. The union argued that the stated date of the meeting should have read “January
11, 2010,” instead of “January 1, 2010,” and that, at any rate, the other thirty (30) union
members were enough to register a union. Decide with reason. (3%)
XXV
Company C, a toy manufacturer, decided to ban the use of cell phones in the factory
premises. In the pertinent Memorandum, management explained that too much texting and
phone-calling by employees disrupted company operations. Two employeesmembers of
Union X were terminated from employment due to violation of the memorandum-policy. The
union countered with a prohibitory injunction case (with prayer for the issuance of a
temporary restraining order) filed with the Regional Trial Court, challenging the validity and
constitutionality of the cell phone ban. The company filed a motion to dismiss, arguing that
the case should be referred to the grievance machinery pursuant to an existing Collective
Bargaining Agreement with Union X, and eventually to Voluntary Arbitration. Is the company
correct? Explain. (3%)
NOTHING FOLLOWS.
CIVIL LAW
12 September 2010 8 A.M. – 12 NN.

INSTRUCTIONS
There is only one Examiner in Civil Law. Hence, the following questionnaire consists of
only ONE PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11)
pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number may be written continuously on the same page and
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).
CIVIL LAW
I
True or False.
a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino
spouse, the latter may re-marry by proving only that the foreign spouse has
obtained a divorce against her or him abroad. (1%)
b. X, a widower, died leaving a will stating that the house and lot where he lived cannot
be partitioned for as long as the youngest of his four children desires to stay there.
As coheirs and co-owners, the other three may demand partition anytime. (1%)
II
Multiple choice.
a. A had a 4-storey building which was constructed by Engineer B. After five years, the
building developed cracks and its stairway eventually gave way and collapsed,
resulting to injuries to some lessees. Who should the lessees sue for damages? (1%)
1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other
treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot
B where she succeeded in unearthing gold and precious stones. How will the
treasures found by O be divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land
valued at P1 million. B was, however, out of the country at the time. For the
donation to be valid, (1%)
1. B may e-mail A accepting the donation.

2. The donation may be accepted by B’s father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. B’s mother who has a general power of attorney may accept the donation for
him.
5. None of the above is sufficient to make B’s acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses. All of
them signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the
effect of B being a witness to the will? (1%)
1. The will is invalidated

2. The will is valid and effective
3. The legacy given to B’s child is not valid
III
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?

b. Define quasi tort. Who are the persons liable under quasi torts and what are the
defenses available to them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws
case.
IV
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the
spouses continued to live under one roof. B begot a son by another woman. G also begot a
daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B do to

protect their legitimate children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by G’s daughter by another man, what
is/are the consequence/s? Explain. (5%)
G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the
pendency of the case, the couple entered into a compromise agreement to dissolve their
absolute community of property. B ceded his right to their house and lot and all his shares
in two business firms to G and their two children, aged 18 and 19.
B also opened a bank account in the amount of P3 million in the name of the two children to
answer for their educational expenses until they finish their college degrees.
For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the
children. The Court approved the spouses’ agreement on September 8, 2000.
a. Suppose the business firms suffered reverses, rendering G unable to support herself
and the children. Can G still ask for support pendente litefrom B? Explain. (3%)
b. Suppose in late 2004 the two children had squandered the P3 million fund for their
education before they could obtain their college degrees, can they ask for more
support from B? Explain. (3%)
VI
Gigolo entered into an agreement with Majorette for her to carry in her womb his baby
via in vitro fertilization. Gigolo undertook to underwrite Majorette’s pre-natal expenses as
well as those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million
and, in return, she would give custody of the baby to him.
After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2
million, she engages your services as her lawyer to regain custody of the baby.
a. What legal action can you file on behalf of Majorette? Explain. (2.5%)
b. Can Gigolo demand from Majorette the return of the P2 million if he returns the
baby? Explain. (2.5%)
c. Who of the two can exercise parental authority over the child? Explain. (2.5%)
d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)
VII
G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no
offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the
dissolution of the marriage, the couple possessed the following properties:
• a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase
price (representing downpayment) of which he paid; one third (1/3) was paid by G
on February 14, 1990 out of a cash gift given to her by her parents on her
graduation on April 6, 1989; and the balance was paid out of the spouses’ joint
income; and
• an apartment unit donated to B by an uncle on June 19, 1987.
a. Who owns the foregoing properties? Explain. (5%)

b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007,
who owns the properties? Explain. (5%)
VIII
Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their
marriage, Rex begot a child by another woman. He is now 10 years of age.
On Lea’s discovery of Rex’s fathering a child by another woman, she filed a petition for legal
separation which was granted.
Rex now wants to adopt his illegitimate child.
a. Whose consent is needed for Rex’s adoption of his illegitimate child? (2.5%)
b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain.
(2.5%)
IX
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie.
At 26, Patrice married American citizen John who brought her to live with him in the United
States of America. John at once signified his willingness to adopt Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)
In 1997, B and G started living together without the benefit of marriage. The relationship
produced one offspring, Venus. The couple acquired a residential lot in Parañaque. After
four (4) years or in 2001, G having completed her 4-year college degree as a fulltime
student, she and B contracted marriage without a license.
The marriage of B and G was, two years later, declared null and void due to the absence of
a marriage license.
a. If you were the judge who declared the nullity of the marriage, to whom would you
award the lot? Explain briefly. (3%)
b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)
XI
The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of
nullity of marriage. Their absolute community of property having been dissolved, they
delivered P1 million to each of their 3 children as their presumptive legitimes.
Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie,
having successfully engaged in business, acquired real properties. Peter later died intestate.
a. Who are Peter’s legal heirs and how will his estate be divided among them? (5%)
b. What is the effect of the receipt by Peter’s 3 children by his first marriage of their
presumptive legitimes on their right to inherit following Peter’s death? (5%)
XII
On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a
car, a gift from his parents. On even date, as his class was scheduled to go on a field trip,
his teacher requested him to accommodate in his car, as he did, four (4) of his classmates
because the van rented by the school was too crowded. On the way to a museum which the
students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with
a jeepney. One of his classmates died. He and the three (3) others were badly injured.
a. Who is liable for the death of Rozanno’s classmate and the injuries suffered by
Rozanno and his 3 other classmates? Explain. (2%)
b. How about the damage to the jeepney? Explain. (2%)
c. Under the same facts, except the date of occurrence of the incident, this time in
mid-1994, what would be your answer? Explain. (2%)
XIII
Franz was the owner of Lot E which was surrounded by four (4) lots one of which – Lot C –
he also owned. He promised Ava that if she bought Lot E, he would give her a right of way
in Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the
right of way was no longer available to her because Franz had in the meantime sold Lot C to
Julia who had it fenced.
a. Does Ava have a right to demand from Julia the activation of her right of way?
Explain. (2.5%)
b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
XIV
Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated
in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled
out of the gate of Primo’s residence. N, a neighbor who was passing by, started throwing
stones at the iguana, drawing the iguana to move toward him. N panicked and ran but
tripped on something and suffered a broken leg.
Is anyone liable for N’s injuries? Explain. (4%)
XV
A, B, and C entered into a partnership to operate a restaurant business. When the

restaurant had gone past break-even stage and started to garner considerable profits, C
died. A and B continued the business without dissolving the partnership. They in fact
opened a branch of the restaurant, incurring obligations in the process. Creditors started
demanding for the payment of their obligations.
a. Who are liable for the settlement of the partnership’s obligations? Explain? (3%)
b. What are the creditors’ recourse/s? Explain. (3%)
XVI
X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad,
she advised her sister Y via overseas call to sell the land and sign a contract of sale on her
behalf.
Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on
behalf of X. B1 fully paid the purchase price.
B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for
her authority from X. Without informing X that she had sold the land to B1, Y sought X for a
written authority to sell.
X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2
on monthly installment basis for two years, the first installment to be paid at the end of
May 2001.
Who between B1 and B2 has a better right over the land? Explain. (5%)
TAXATION LAW
12 September 2010 2 P.M – 5 P.M.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with nine (9) questions (numbered I to IX),
contained in five (5) pages; and Part II with nine (9) questions (numbered X to XVIII),
contained in six (6) pages, for a total number of eleven (11) pages.
booklet.

GOOD LUCK!!!
_____________________________________
CHAIRPERSON
CIVIL LAW
PART I
True or False.
a. In civil cases involving the collection of internal revenue taxes, prescription is

construed strictly against the government and liberally in favor of the taxpayer. (1%)
b. In criminal cases involving tax offenses punishable under the National Internal
Revenue Code (NIRC), prescription is construed strictly against the government.
(1%)
c. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original
jurisdiction, the right to file a separate civil action for the recovery of taxes may be
reserved. (1%)
d. Proceedings before the CTA in the exercise of its exclusive original jurisdiction are in
the nature of trial de novo. (1%)
e. Judgments, resolutions or orders of the Regional Trial Court in the exercise of
its original jurisdiction involving criminal offenses arising from violations of the NIRC
are appealable to the CTA, which shall hear the cases en banc. (1%)
II
a. What is the "all events test"? Explain briefly. (2%)

b. What is the "immediacy test"? Explain briefly. (2%)
c. What is the "rational basis" test? Explain briefly. (2%)
d. What is the effect of the execution by a taxpayer of a "waiver of the statute of
limitations" on his defense of prescription? (2%)
e. What is the basis for the computation of business tax on contractors under the Local
Government Code? (2%)
f. How are retiring businesses taxed under the Local Government Code? (2%)
III
Mirador, Inc., a domestic corporation, filed its Annual Income Tax Return for its taxable year
2008 on April 15, 2009. In the Return, it reflected an income tax overpayment of
P1,000,000.00 and indicated its choice to carry-over the overpayment as an automatic tax
credit against its income tax liabilities in subsequent years.
On April 15, 2010, it filed its Annual Income Tax Return for its taxable year 2009 reflecting a
taxable loss and an income tax overpayment for the current year 2009 in the amount of
P500,000.00 and its income tax overpayment for the prior year 2008 of P1,000,000.00.
In its 2009 Return, the corporation indicated its option to claim for refund the total income
tax overpayment of P1,500,000.00
Choose which of the following statements is correct.
a. Mirador, Inc. may claim as refund the total income tax overpayment of
P1,500,000.00 reflected in its income tax return for its taxable year 2009;
b. It may claim as refund the amount of P500,000.00 representing its income tax
overpayment for its taxable year 2009; or
c. No amount may be claimed as refund.
Explain the basis of your answer. (5%)
IV
On March 10, 2010, Continental, Inc. received a preliminary assessment notice (PAN) dated
March 1, 2010 issued by the Commissioner of Internal Revenue (CIR) for deficiency income
tax for its taxable year 2008. It failed to protest the PAN. The CIR thereupon issued a final
assessment notice (FAN) with letter of demand on April 30, 2010. The FAN was received by
the corporation on May 10, 2010, following which or on May 25, 2010, it filed its protest
against it.
The CIR denied the protest on the ground that the assessment had already become final and
executory, the corporation having failed to protest the PAN.
Is the CIR correct? Explain. (5%)
Does the Court of Appeals have the power to review compromise agreements forged by the
Commissioner of Internal Revenue and a taxpayer? Explain. (5%)
VI
Based on the Affidavit of the Commissioner of Internal Revenue (CIR), an Information for
failure to file income tax return under Section 255 of the National Internal Revenue Code
(NIRC) was filed by the Department of Justice (DOJ) with the Manila Regional Trial Court
(RTC) against XX, a Manila resident.
XX moved to quash the Information on the ground that the RTC has no jurisdiction in view of
the absence of a formal deficiency tax assessment issued by the CIR.
Is a prior assessment necessary before an Information for violation of Section 255 of the
NIRC could be filed in court? Explain. (4%)
VII
What are the conditions that must be complied with before the Court of Tax Appeals may
suspend the collection of national internal revenue taxes? (3%)
VIII
What is the rule on appeal from decisions of the Collector of Customs in protest and seizure
cases? When is the decision of the Collector of Customs appealable to the Court of Tax
Appeals? Explain. (5%)
IX
On May 15, 2009, La Manga Trading Corporation received a deficiency business tax
assessment of P1,500,000.00 from the Pasay City Treasurer. On June 30, 2009, the
corporation contested the assessment by filing a written protest with the City Treasurer.
On October 10, 2009, the corporation received a collection letter from the City Treasurer,
drawing it to file on October 25, 2009 an appeal against the assessment before the Pasay
Regional Trial Court (RTC).
a. Was the protest of the corporation filed on time? Explain. (3%)

b. Was the appeal with the Pasay RTC filed on time? Explain. (3%)
PART II
True or False. (1% each)
a. Gains realized by the investor upon redemption of shares of stock in a mutual fund
company are exempt from income tax.
b. A corporation can claim the optional standard deduction equivalent to 40% of its
gross sales or receipts, as the case may be.
c. Premium payment for health insurance of an individual who is an employee in an
amount of P2,500 per year may be deducted from gross income if his gross salary
per year is not more than P250,000.
d. The Tax Code allows an individual taxpayer to pay in two equal installments, the first
installment to be paid at the time the return is filed, and the second on or before July
15 of the same year, if his tax due exceeds P2,000.
e. An individual taxpayer can adopt either the calendar or fiscal period for purposes of
filing his income tax return.
f. The capitalization rules may be resorted to by the BIR in order to compel corporate
taxpayers to declare dividends to their stockholders regularly.
g. Informer’s reward is subject to a final withholding tax of 10%.
h. A non-resident alien who stays in the Philippines for less than 180 days during the
calendar year shall be entitled to personal exemption not to exceed the amount
allowed to citizens of the Philippines by the country of which he is subject or citizen.
XI
Are the following transactions subject to VAT? If yes, what is the applicable rate for each
transaction. State the relevant authority/ies for your answer.
a. Construction by XYZ Construction Co. of concrete barriers for the Asian Development
Bank in Ortigas Center to prevent car bombs from ramming the ADB gates along ADB
Avenue in Mandaluyong City. (3%)
b. Call Center operated by a domestic enterprise in Makati that handles exclusively the
reservations of a hotel chain which are all located in North America. The services are
paid for in US$ and duly accounted for with theBangko Sentral ng Pilipinas. (3%)
c. Sale of orchids by a flower shop which raises its flowers in Tagaytay. (3%)
XII
Ferremaro, Inc., a manufacturer of handcrafted shoes, maintains its principal office in

Cubao, Quezon City. It has branches/sales offices in Cebu and Davao. Its factory is located
in Marikina City where most of its workers live. Its principal office in Quezon City is also a
sales office.
Sales of finished products for calendar year 2009 in the amount of P10 million were made at
the following locations:
i) Cebu branch 25%

ii) Davao branch 15%
iii) Quezon City branch 60%
Total 100%
Where should the applicable local taxes on the shoes be paid? Explain. (3%)
XIII
XYZ Shipping Corporation is a branch of an international shipping line with voyages between
Manila and the West Coast of the U.S. The company’s vessels load and unload cargoes at the
Port of Manila, albeit it does not have a branch or sales office in Manila. All the bills of lading
and invoices are issued by the branch office in Makati which is also the company’s principal
office.
The City of Manila enacted an ordinance levying a 2% tax on gross receipts of shipping lines
using the Port of Manila.
Can the City Government of Manila legally impose said levy on the corporation? Explain.
(3%)
XIV
A inherited a two-storey building in Makati from his father, a real estate broker in the ‘60s. A
group of Tibetan monks approached A and offered to lease the building in order to use it as
a venue for their Buddhist rituals and ceremonies. A accepted the rental of P1 million for the
whole year.
The following year, the City Assessor issued an assessment against A for non-payment of
real property taxes.
Is the assessor justified in assessing A’s deficiency real property taxes? Explain. (3%)
XV
Don Sebastian, single but head of the family, Filipino, and resident of Pasig City, died
intestate on November 15, 2009. He left the following properties and interests:
House and lot (family home) in Pasig P 800,000

Vacation house and lot in Florida, USA 1,500,000
Agricultural land in Naic, Cavite which he inherited from his
2,000,000
father
Car which is being used by his brother in Cavite 500,000
Proceeds of life insurance where he named his estate as
irrevocable beneficiary 1,000,000
Household furnitures and appliances 1,000,000
Claims against a cousin who has assets of P10,000 and
liabilities of P100,000 100,000
Shares of stock in ABC Corp, a domestic enterprise 100,000
The expenses and charges on the estate are as follows:
Funeral Expenses P 250,000
Legal fees for the settlement of the estate 500,000
Medical expenses of last illness 600,000
Claims against the estate 300,000
The compulsory heirs of Don Sebastian approach you and seek your assistance in the
settlement of his estate for which they have agreed to the above-stated professional fees.
Specifically, they request you to explain and discuss with them the following questions. You
oblige:
a. What are the properties and interests that should be included in the computation of
the gross estate of the decedent? Explain. (2.5%)
b. What is the net taxable estate of the decedent? Explain. (2.5%)
c. When is the due date for filing and payment of the applicable tax return and tax? Are
these dates extendible? If so, under what conditions or requirements? (2.5%)
d. If X, one of the compulsory heirs, renounces his share in the inheritance in favor of
the other co-heirs, is there any tax implication of X’s renunciation? What about the
other coheirs? (2.5%)
XVI
A is a travelling salesman working full time for Nu Skin Products. He receives a monthly
salary plus 3% commission on his sales in a Southern province where he is based. He
regularly uses his own car to maximize his visits even to far flung areas. One fine day a
group of militants seized his car. He was notified the following day by the police that the
marines and the militants had a bloody encounter and his car was completely destroyed
after a grenade hit it.
A wants to file a claim for casualty loss. Explain the legal basis of your tax advice. (3%)
XVII
In 2009, Caruso, a resident Filipino citizen, received dividend income from a U.S.-based
corporation which owns a chain of Filipino restaurants in the West Coast, U.S.A. The dividend
remitted to Caruso is subject to U.S. withholding tax with respect to a non-resident alien like
Caruso.
a. What will be your advice to Caruso in order to lessen the impact of possible double
taxation on the same income? (3%)
b. Would your answer in A. be the same if Caruso became a U.S. immigrant in 2008 and
had become a non-resident Filipino citizen? Explain the difference in treatment for
Philippine income tax purposes. (3%)
XVIII
ABC, a domestic corporation, entered into a software license agreement with XYZ, a non-
resident foreign corporation based in the U.S. Under the agreement which the parties forged
in the U.S., XYZ granted ABC the right to use a computer system program and to avail of
technical know-how relative to such program. In consideration for such rights, ABC agreed
to pay 5% of the revenues it receives from customers who will use and apply the program in
the Philippines.
Discuss the tax implication of the transaction. (5%)
NOTHING FOLLOWS.
MERCANTILE LAW
12 September 2010
8 A.M. – 12 NN.
INSTRUCTIONS
There is only one Examiner in Mercantile Law. Hence, the following questionnaire consists of
only ONE PART with nineteen (19) questions (numbered I to XIX) contained in eleven (11)
pages.
GOOD LUCK!!!
_____________________________________
CHAIRPERSON
MERCANTILE LAW
I
Briefly describe the following types of banks: (2% each)
a. universal bank
b. commercial bank
c. thrift bank
d. rural bank
e. cooperative bank
II
a. How do you characterize the legal relationship between a commercial bank and its
safety deposit box client? (2%)
b. Is a stipulation in the contract for the use of a safety deposit box relieving the bank
of liability in connection with the use thereof valid? (2%)
c. Differentiate "bank deposits" from "deposit substitutes." (2%)
d. Why are banks required to maintain reserves against their deposits and deposit
substitutes? State one of three purposes for these reserves. (2%)
III
Ozamis Paper Corporation secured loans from ABC Universal Bank in the aggregate principal
amount of P100 million, evidenced by several promissory notes, and secured by a continuing
guaranty of its principal stockholder Menandro at P45 million; and a real estate mortgage
over certain parcels of land owned by Marquez.
The corporation defaulted and the bank extra-judicially foreclosed on the real estate
mortgage. The bank, which was the sole bidder for P75 million, won the award.
a. Can the bank sue Marquez for the deficiency of P25 million? Explain. (2%)
b. If the bank opts to file an action for collection against the corporation, can it
afterwards institute a real action to foreclose the mortgage? Explain. (2%)
c. Can the bank foreclose on the pledged shares of Marquez and recover the deficiency
from the corporation? Explain. (2%)
IV
Andante Realty, a marketing company that promotes and facilitates sales of real property
through leverage marketing, solicits investors who are required to be a Business Center
Owner (BCO) by paying an enrollment fee of $250. The BCO is then entitled to recruit two
other investors who pay $250 each. The BCO receives $90 from the $250 paid by each of his
recruits and is credited a certain amount for payments made by investors through the initial
efforts of his Business Center. Once the accumulated amount reaches $5,000, the same is
used as down payment for the real property chosen by the BCO.
a. Does this multi-level marketing scheme constitute an "investment contract" under the
Securities Regulation Code? Define an "investment contract." (2%)
b. What procedure must be followed under the Securities Regulation Code to authorize
the sale or offer for sale or distribution of an investment contract? (2%)
c. What are the legal consequences of failure to follow this procedure? (2%)
Venezia is a famous international fashion chain with outlets in Makati, Ortigas, and Manila. It
has complied with the minimum capitalization required under the Retail Trade Nationalization
Act and carries on retail business worth more than $3 million for each of its outlets. As its
Manila outlet is not doing very well, it decides to sell all of its business there consisting of
remaining inventory, furniture and fixtures and other assets to its competitor.
a. Venezia’s Manila outlet constitutes one-third (1/3) of its total business. Should it
comply with the requirements of the Bulk Sales Law? Why or why not? (2%)
b. If instead of selling its Manila outlet, Venezia merely mortgages its assets there,
would it need to comply with the requirements of the Bulk Sales Law? (2%)
c. What are the legal consequences of a failure to comply with the requirements of the
Bulk Sales Law? (2%)
VI
a. What contractual stipulations are required in all technology transfer agreements?

(2%)
b. Enumerate three (3) stipulations that are prohibited in technology transfer
agreements. (3%)
c. Can an article of commerce serve as a trademark and at the same time enjoy patent
and copyright protection? Explain and give an example. (2%)
VII
Union Mines, Inc. has total assets of P60 million with 210 stockholders holding at least 100
shares each.
The company has two principal stockholders, ABC which owns 60% of the shares of stock,
and XYZ which owns 17%.
ABC in turn is owned to the extent of 21.31% by Acme, Inc.; 29.69% by Golden Boy, Inc.;
9% by XYZ; and the rest by individual stockholders.
None of the parties is a publicly-listed company.
XYZ now proposes to buy Acme’s and Golden Boy’s shares in ABC, which would give it direct
control of ABC and indirect control of Union Mines.
Is the proposed acquisition by XYZ subject to the mandatory tender offer rule? Why or why
not? What is a tender offer and when is it mandatory? (5%)
VIII
Marlon deposited with LYRIC Bank a money market placement of P1 million for a term of 31
days. On maturity date, one claiming to be Marlon called up the LYRIC Bank account officer
and instructed him to give the manager’s check representing the proceeds of the money
market placement to Marlon’s girlfriend Ingrid.
The check, which bore the forged signature of Marlon, was deposited in Ingrid’s account with
YAMAHA Bank. YAMAHA Bank stamped a guaranty on the check reading: "All prior
endorsements and/or lack of endorsement guaranteed."
Upon presentment of the check, LYRIC Bank funds the check. Days later, Marlon goes to
LYRIC Bank to collect his money market placement and discovers the foregoing transactions.
Marlon thereupon sues LYRIC Bank which in turn files a third-party complaint against
YAMAHA Bank. Discuss the respective rights and liabilities of the two banks. (5%)
IX
Your client Dianne approaches you for legal advice on putting up a medium-sized restaurant
business that will specialize in a novel type of cuisine. As Dianne feels that the business is a
little risky, she wonders whether she should use a corporation as the business vehicle, or
just run it as a single proprietorship. She already has an existing corporation that is
producing meat products profitably and is also considering the alternative of simply setting
up the restaurant as a branch office of the existing corporation.
a. Briefly explain to your client what you see as the legal advantages and disadvantages
of using a separate corporation, a single proprietorship, or a branch of an existing
corporation for the proposed restaurant business. (3%)
b. If you advise your client to use a corporation, what officer positions must the
corporation at least have? (2%)
c. What particular qualifications, if any, are these officers legally required to possess
under the Corporation Code? (2%)
To secure a loan of P10 million, Mario mortgaged his building to Armando. In accordance
with the loan arrangements, Mario had the building insured with First Insurance Company
for P10 million, designating Armando as the beneficiary.
Armando also took an insurance on the building upon his own interest with Second
Insurance Company for P5 million.
The building was totally destroyed by fire, a peril insured against under both insurance
policies. It was subsequently determined that the fire had been intentionally started by Mario
and that in violation of the loan agreement, he had been storing inflammable materials in
the building.
a. How much, if any, can Armando recover from either or both insurance companies?
(2%)
b. What happens to the P10 million debt of Mario to Armando? Explain. (3%)
XI
Enrique obtained from Seguro Insurance Company a comprehensive motor vehicle insurance
to cover his top of the line Aston Martin. The policy was issued on March 31, 2010 and, on
even date, Enrique paid the premium with a personal check postdated April 6, 2010.
On April 5, 2010, the car was involved in an accident that resulted in its total loss.
On April 10, 2010, the drawee bank returned Enrique’s check with the notation "Insufficient
Funds." Upon notification, Enrique immediately deposited additional funds with the bank and
asked the insurer to redeposit the check.
Enrique thereupon claimed indemnity from the insurer. Is the insurer liable under the
insurance coverage? Why or why not? (3%)
XII
AA entered into a contract with BB for the latter to transport ladies wear from Manila to
France with transhipment via Taiwan. Somehow the goods were not loaded in Taiwan on
time, hence, these arrived in France "off-season." AA was only paid for onehalf (1/2) the
value by the buyer.
AA claimed damages from BB. BB invoked prescription as a defense under the Carriage of
Goods by Sea Act. Considering the "loss of value" of the ladies wear as claimed by AA, is
BB’s defense tenable? Explain. (3%)
XIII
Paolo, the owner of an ocean-going vessel, offered to transport the logs of Constantino from
Manila to Nagoya. Constantino accepted the offer, not knowing that the vessel was manned
by an irresponsible crew with deep-seated resentments against Paolo, their employer.
Constantino insured the cargo of logs against both perils of the sea and barratry. The logs
were improperly loaded on one side, thereby causing the vessel to tilt on one side. On the
way to Nagoya, the crew unbolted the sea valves of the vessel causing water to flood the
ship hold. The vessel sank.
Constantino tried to collect from the insurance company which denied liability, given the
unworthiness of both the vessel and its crew.
Constantino countered that he was not the owner of the vessel and he could therefore not be
responsible for conditions about which he was innocent.
a. Is the insurance company liable? Why or why not? (3%)

b. What is "barratry" in marine insurance? (2%)
XIV
When OCCIDENTAL Bank folded up due to insolvency, Manuel had the following separate
deposits in his name: P200,000 in savings deposit; P250,000 in time deposit; P50,000 in a
current account; P1 million in a trust account; and P3 million in money market placement.
Under the Philippine Deposit Insurance Corporation Act, how much could Manuel recover?
Explain. (2%)
XV
While vacationing in Boracay, Valentino surreptitiously took photographs of his girlfriend

Monaliza in her skimpy bikini. Two weeks later, her photographs appeared in the Internet
and in a national celebrity magazine.
Monaliza found out that Valentino had sold the photographs to the magazine and, adding
insult to injury, uploaded them to his personal blog on the Internet.
a. Monaliza filed a complaint against Valentino for damages based on, among other
grounds, violation of her intellectual property rights. Does she have any cause of
action? Explain. (2%)
b. Valentino’s friend Francesco stole the photographs and duplicated them and sold
them to a magazine publication. Valentino sued Francesco for infringement and
damages. Does Valentino have any cause of action? Explain. (2%)
c. Does Monaliza have any cause of action against Francesco? Explain. (2%)
XVI
An importer of Christmas toys loaded 100 boxes of Santa Claus talking dolls aboard a ship in
Korea bound for Manila. With the intention of smuggling one-half of his cargo, he took a bill
of lading for only 50 boxes. On the voyage to Manila, 50 boxes were jettisoned to save the
more precious cargo.
a. Is the importer entitled to receive any indemnity for average? Explain. (2%)
b. What are the types of averages in marine commerce? (3%)
XVII
The Supreme Court has held that fraud is an exception to the "independence principle"
governing letters of credit. Explain this principle and give an example of how fraud can be an
exception. (3%)
XVIII
For years, Y has been engaged in the parallel importation of famous brands, including shoes
carrying the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation
because of his appointment as exclusive distributor of MAGIC shoes in the Philippines.
Y counters that the trademark MAGIC is not registered with the Intellectual Property Office
as a trademark and therefore no one has the right to prevent its parallel importation.
a. Who is correct? Why? (2%)

b. Suppose the shoes are covered by a Philippine patent issued to the brand owner,
what would your answer be? Explain. (2%)
XIX
Dr. Nobel discovered a new method of treating Alzheimer’s involving a special method of
diagnosing the disease, treating it with a new medicine that has been discovered after long
experimentation and field testing, and novel mental isometric exercises. He comes to you for
advice on how he can have his discoveries protected.
Can he legally protect his new method of diagnosis, the new medicine, and the new method
of treatment? If no, why? If yes, how? (4%)
NOTHING FOLLOWS.
CRIMINAL LAW
12 September 2010
2 P.M. – 5 P.M.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to
XI), contained in five (5) pages; and Part II with twelve (12) questions (numbered XII to
XXIII), contained in six (6) pages, for a total number of eleven (11) pages.
booklet.

GOOD LUCK!!!
_____________________________________
CHAIRPERSON
CRIMINAL LAW
PART I
An agonizing and protracted trial having come to a close, the judge found A guilty beyond
reasonable doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and
ONE (1) DAY of prision mayor.
The public prosecutor objected to the sentence on the ground that the proper penalty should
have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.
The defense counsel chimed in, contending that application of the Indeterminate Sentence
Law should lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY
of prision correccional only. Who of the three is on the right track? Explain. (3%)
II
a. What is the crime of qualified bribery? (2%)

b. May a judge be charged and prosecuted for such felony? How about a public
prosecutor? A police officer? Explain. (5%)
III
May a public officer charged under Section 3(b) of Republic Act No. 3019 ["directly or
indirectly requesting or receiving any gift, present, share, percentage or benefit, for himself
or for any other person, in connection with any contract or transaction between the
government and any other party, wherein the public officer in his official capacity has to
intervene under the law"] also be simultaneously or successively charged with direct bribery
under Article 210 of the Revised Penal Code? Explain. (4%)
IV
Because of the barbarity and hideousness of the acts committed by the

suspects/respondents in cutting off their victims’ appendages, stuffing their torsos, legs,
body parts into oil drums and bullet-riddled vehicles and later on burying these oil drums,
vehicles with the use of backhoes and other earth-moving machinery, the Commission on
Human Rights (CHR) investigating team recommended to the panel of public prosecutors
that all respondents be charged with violation of the "Heinous Crimes Law." The prosecution
panel agreed with the CHR. As the Chief Prosecutor tasked with approving the filing of the
Information, how will you pass upon the recommendation? Explain. (5%)
Arlene is engaged in the buy and sell of used garments, more popularly known as "ukay-
ukay." Among the items found by the police in a raid of her store in Baguio City were brand-
new Louie Feraud blazers.
Arlene was charged with "fencing." Will the charge prosper? Why or why not? (5%)
VI
There being probable cause to believe that certain deposits and investments in a bank are
related to an unlawful activity of smuggling by Alessandro as defined under Republic Act
(RA) No. 9160, as amended (Anti-Money Laundering Act) an application for an order to allow
inquiry into his deposit was filed with the Regional Trial Court.
After hearing the application, the court granted the application and issued a freeze order.
Pass upon the correctness of the court’s order. Explain. (3%)
VII
A widower of ten years, septuagenarian Canuto felt that he had license to engage in
voyeurism. If not peeping into his neighbors’ rooms through his powerful single-cylinder
telescope, he would trail young, shapely damsels along the hallways of shopping malls.
While going up the escalator, he stayed a step behind a mini-skirted one, and in a moment
of excitement, put his hand on her left hip and massaged it. The damsel screamed and
hollered for help. Canuto was apprehended and brought up on inquest. What charge/s, if
any, may he be held responsible for? Explain. (5%)
VIII
A asked financial support from her showbiz friend B who accommodated her by issuing in her
favor a postdated check in the sum of P90,000.00. Both of them knew that the check would
not be honored because B’s account had just been closed. The two then approached trader C
whom they asked to change the check with cash, even agreeing that the exchange be
discounted at P85,000.00 with the assurance that the check shall be funded upon maturity.
Upon C’s presentment of the check for payment on due date, it was dishonored because the
account had already been closed.
What action/s may C commence against A and B to hold them to account for the loss of her
P85,000.00? Explain. (5%)
IX
Proserfina, an assistant public high school principal, acted to facilitate the release of salary
differentials and election duty per diem of classroom teachers with the agreement that they
would reimburse her for her expenses.
Did Proserfina commit a crime? Explain. (5%)
A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were
attacked by X, Y and Z, members of a rival fraternity. A rumble ensued in which the
abovenamed members of the two fraternities assaulted each other in a confused and
tumultuous manner resulting in the death of A. As it cannot be ascertained who actually
killed A, the members of the two fraternities who took part in the rumble were charged for
death caused in a tumultuous affray. Will the charge prosper? Explain. (4%)
XI
Angelina maintains a website where visitors can give their comments on the posted pictures
of the goods she sells in her exclusive boutique. Bettina posted a comment that the
red Birkin bag shown in Angelina’s website is fake and that Angelina is known to sell
counterfeit items.
Angelina wants to file a case against Bettina. She seeks your advice. What advice will you
give her? (4%)
PART II
XII
a. Define Money Laundering. What are the three (3) stages in money laundering? (3%)
b. What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal
Code? (3%)
XIII
While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid
Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was
going back to the province to marry her childhood sweetheart. Clouded by anger and
jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid’s quarters.
The following day, Romeo was found catatonic inside the maid’s quarters. He was brought to
the National Center for Mental Health (NCMH) where he was diagnosed to be mentally
unstable.
Charged with murder, Romeo pleaded insanity as a defense.
a. Will Romeo’s defense prosper? Explain. (2%)

b. What is the effect of the diagnosis of the NCMH on the case? (2%)
XIV
Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For more than a
year, he has been secretly saving money in an envelope under their bed to buy her an
engagement ring. One day, while Joan was cleaning their room, she found the envelope,
took the money, and left Paul. As prosecutor, what crime, if any, would you charge Joan?
Explain. (3%)
XV
Suspecting that her husband of twenty years was having an affair, Leilanie hired a private
investigator to spy on him. After two weeks, the private investigator showed Leilanie a video
of her husband having sexual intercourse with another woman in a room of a five-star hotel.
Based on what she saw on the video, Leilanie accused her husband of concubinage.
Will the case of concubinage prosper? Explain. (3%)
XVI
The president, treasurer, and secretary of ABC Corporation were charged with syndicated
estafa under the following Information:
That on or about the 1st week of January 2010 or subsequent thereto in Cebu City
and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring and confederating together and all of them mutually helping and aiding
one another in a syndicated manner, through a corporation registered with the
Securities and Exchange Commission (SEC), with intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme, with intent to gain and by
means of fraud and deceit, did then and there wilfully, unlawfully, and feloniously
defraud Virna, Lana, Deborah and several other persons by falsely or fraudulently
pretending or representing in a transaction or series of transactions, which they made
with complainants and the public in general, to the effect that they were in a
legitimate business of foreign exchange trading successively or simultaneously
operating under the name and style of ABC Corporation and DEF Management
Philippines, Incorporated, induced and succeeded in inducing complainants and
several other persons to give and deliver to said accused the amount of at least
P20,000,000.00 on the strength of said manifestations and representations, the
accused knowing fully well that the abovenamed corporations registered with the SEC
are not licensed nor authorized to engage in foreign exchange trading and that such
manifestations and representations to transact in foreign exchange were false and
fraudulent, that these resulted to the damage and prejudice of the complainants and
other persons, and that the defraudation pertains to funds solicited from the public in
general by such corporations/associations.
Will the case for syndicated estafa prosper? Explain. (5%)
XVII
A killed his wife and buried her in their backyard. He immediately went into hiding in the
mountains.
Three years later, the bones of A’s wife were discovered by X, the gardener. Since X had a
standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After
two years, Z, the caretaker, found the bones and reported the matter to the police.
After 15 years of hiding, A left the country but returned three years later to take care of his
ailing sibling. Six years thereafter, he< was charged with parricide but raised the defense of
prescription.
a. Under the Revised Penal Code, when does the period of prescription of a crime
commence to run? (1%)
b. When is it interrupted? (1%)
c. Is A’s defense tenable? Explain. (3%)
XVIII
On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the
puppy did not have a collar, she brought it home so she could have it as a pet. Her son in
fact begged Eva Marie to keep the puppy. The following day, Eva Marie bought a collar for
the puppy and brought it to a veterinarian for treatment.
a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain.
(2%)
b. Did she incur civil liability? Explain. (2%)
XIX
Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding
no food on the table, Jack started hitting Jill only to apologize the following day.
A week later, the same episode occurred – Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and
decided to give Jack another chance. After several days, however, Jack again came home
drunk. The following day, he was found dead.
Jill was charged with parricide but raised the defense of "battered woman syndrome."
a. Define "Battered Woman Syndrome." (2%)

b. What are the three phases of the "Battered Woman Syndrome"? (3 %)
c. Would the defense prosper despite the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code? Explain. (2%)
XX
Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of
possession of equipment, instrument, apparatus and other paraphernalia for dangerous
drugs under Section 12 of Republic Act No. 9165.
Matt filed a petition for probation. Jeff appealed his conviction during the pendency of which
he also filed a petition for probation.
The brothers’ counsel argued that they being first time offenders, their petitions for
probation should be granted. How would you resolve the brothers’ petitions for probation?
Explain. (3%)
XXI
Because peace negotiations on the Spratlys situation had failed, the People’s Republic of
China declared war against the Philippines. Myra, a Filipina who lives with her Italian
expatriate boyfriend, discovered e-mail correspondence between him and a certain General
Tung Kat Su of China.
On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to
General Tung Kat Su, in which he agreed to provide vital information on the military defense
of the Philippines to the Chinese government in exchange for P1 million and his safe return
to Italy. Two weeks later, Myra decided to report the matter to the proper authorities.
Did Myra commit a crime? Explain. (3%)
XXII
Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told
him to hide in the maid’s quarters until she finds a better place for him to hide. After two
days, Jake transferred to his aunt’s house. A week later, Jake was apprehended by the
police. Can Jake’s mother and aunt be made criminally liable as accessories to the crime of
murder? Explain. (3 %)
XXIII
Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from
rival fraternities, they all carry guns wherever they go. One night, after attending a party,
they boarded a taxicab, held the driver at gunpoint and took the latter’s earnings.
a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)
b. Would your answer be the same if they killed the driver? Explain. (2%)
NOTHING FOLLOWS.
CRIMINAL LAW
26 September 2010
8 A.M. – 12 NN.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with seven (7) questions (numbered I to VII),
contained in seven (7) pages; and Part II with thirteen (13) questions (numbered VIII to
XX), contained in six (6) pages, for a total number of thirteen (13) pages.
booklet.
GOOD LUCK!!!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).
REMEDIAL LAW
PART I
On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio.
To prove the qualifying circumstance of evident premeditation, the prosecution introduced

on December 11, 2009 a text message, which Mabini’s estranged wife Gregoria had sent to
Emilio on the eve of his death, reading: "Honey,pa2tayin u ni Mabini. Mtgal n nyang plano
i2. Mg ingat u bka ma tsugi k."
a. A subpoena ad testificandum was served on Gregoria for her to be presented for the
purpose of identifying her cellphone and the text message. Mabini objected to her
presentation on the ground of marital privilege. Resolve. (3%)
b. Suppose Mabini’s objection in question A was sustained. The prosecution thereupon
announced that it would be presenting Emilio’s wife Graciana to identify Emilio’s
cellphone bearing Gregoria’s text message. Mabini objected again. Rule on the
objection. (2%)
c. If Mabini’s objection in question B was overruled, can he object to the presentation of
the text message on the ground that it is hearsay? (2%)
d. Suppose that shortly before he expired, Emilio was able to send a text message to his
wife Graciana reading "Nasaksak ako. D na me makahinga. Si Mabini ang may gawa
ni2." Is this text message admissible as a dying declaration? Explain. (3%)
II
On August 13, 2008, A, as shipper and consignee, loaded on the M/V Atlantis in Legaspi City
100,000 pieces of century eggs. The shipment arrived in Manila totally damaged on August
14, 2008. A filed before the Metropolitan Trial Court (MeTC) of Manila a complaint against B
Super Lines, Inc. (B Lines), owner of theM/V Atlantis, for recovery of damages amounting to
P167,899. He attached to the complaint the Bill of Lading.
a. B Lines filed a Motion to Dismiss upon the ground that the Regional Trial Court has
exclusive original jurisdiction over "all actions in admiralty and maritime" claims. In
his Reply, A contended that while the action is indeed "admiralty and maritime" in
nature, it is the amount of the claim, not the nature of the action, that governs
jurisdiction. Pass on the Motion to Dismiss. (3%)
b. The MeTC denied the Motion in question A. B Lines thus filed an Answer raising the
defense that under the Bill of Lading it issued to A, its liability was limited to P10,000.
At the pre-trial conference, B Lines defined as one of the issues whether the
stipulation limiting its liability to P10,000 binds A. A countered that this was no longer
in issue as B Lines had failed to deny under oath the Bill of Lading. Which of the
parties is correct? Explain. (3%)
c. On July 21, 2009, B Lines served on A a "Notice to Take Deposition," setting the
deposition on July 29, 2009 at 8:30 a.m. at the office of its counsel in Makati. A failed
to appear at the deposition-taking, despite notice. As counsel for B Lines, how would
you proceed? (3%)
III
Anabel filed a complaint against B for unlawful detainer before the Municipal Trial Court
(MTC) of Candaba, Pampanga. After the issues had been joined, the MTC dismissed the
complaint for lack of jurisdiction after noting that the action was one for accion publiciana.
Anabel appealed the dismissal to the RTC which affirmed it and accordingly dismissed her
appeal. She elevates the case to the Court of Appeals, which remands the case to the RTC.
Is the appellate court correct? Explain. (3%)
IV
X was driving the dump truck of Y along Cattleya Street in Sta. Maria, Bulacan. Due to his
negligence, X hit and injured V who was crossing the street. Lawyer L, who witnessed the
incident, offered his legal services to V.
V, who suffered physical injuries including a fractured wrist bone, underwent surgery to
screw a metal plate to his wrist bone.
On complaint of V, a criminal case for Reckless Imprudence Resulting in Serious Physical

Injuries was filed against X before the Municipal Trial Court (MTC) of Sta. Maria. Atty. L, the
private prosecutor, did not reserve the filing of a separate civil action.
V subsequently filed a complaint for Damages against X and Y before the Regional Trial
Court of Pangasinan in Urdaneta where he resides. In his "Certification Against Forum
Shopping," V made no mention of the pendency of the criminal case in Sta. Maria.
a. Is V guilty of forum shopping? (2%)

b. Instead of filing an Answer, X and Y move to dismiss the complaint for damages on
the ground of litis pendentia. Is the motion meritorious? Explain. (2%)
c. Suppose only X was named as defendant in the complaint for damages, may he move
for the dismissal of the complaint for failure of V to implead Y as an indispensable
party? (2%)
d. X moved for the suspension of the proceedings in the criminal case to await the
decision in the civil case. For his part, Y moved for the suspension of the civil case to
await the decision in the criminal case. Which of them is correct? Explain. (2%)
e. Atty. L offered in the criminal case his affidavit respecting what he witnessed during
the incident. X’s lawyer wanted to cross-examine Atty. L who, however, objected on
the ground of lawyer-client privilege. Rule on the objection. (2%)
Charisse, alleging that she was a resident of Lapu-Lapu City, filed a complaint for damages
against Atlanta Bank before the RTC of Lapu-Lapu City, following the dishonor of a check she
drew in favor of Shirley against her current account which she maintained in the bank’s local
branch.
The bank filed a Motion to Dismiss the complaint on the ground that it failed to state a cause
of action, but it was denied. It thus filed an Answer.
a. In the course of the trial, Charisse admitted that she was a US citizen residing in Los
Angeles, California and that she was temporarily billeted at the Pescado Hotel in
Lapu-Lapu City, drawing the bank to file another motion to dismiss, this time on the
ground of improper venue, since Charisse is not a resident of Lapu-Lapu City.
Charisse opposed the motion citing the "omnibus motion rule." Rule on the motion.
(3%)
b. Suppose Charisse did not raise the "omnibus motion rule," can the judge proceed to
resolve the motion to dismiss? Explain. (3%)
c. Suppose the judge correctly denied the second motion to dismiss and rendered
judgment in favor of Charisse, ordering the bank to pay her P100,000 in damages
plus legal interest. The judgment became final and executory in 2008. To date,
Charisse has not moved to execute the judgment. The bank is concerned that its
liability will increase with the delay because of the interest on the judgment award.
As counsel of the bank, what move should you take? (3%)
VI
Antique dealer Mercedes borrowed P1,000,000 from antique collector Benjamin. Mercedes
issued a postdated check in the same amount to Benjamin to cover the debt.
On the due date of the check, Benjamin deposited it but it was dishonored. As despite
demands, Mercedes failed to make good the check, Benjamin filed in January 2009 a
complaint for collection of sum of money before the RTC of Davao.
Mercedes filed in February 2009 her Answer with Counterclaim, alleging that before the filing
of the case, she and Benjamin had entered into a dacion en pago agreement in which her
vintage P1,000,000 Rolex watch which was taken by Benjamin for sale on commission was
applied to settle her indebtedness; and that she incurred expenses in defending what she
termed a "frivolous lawsuit." She accordingly prayed for P50,000 damages.
a. Benjamin soon after moved for the dismissal of the case. The trial court accordingly
dismissed the complaint. And it also dismissed the Counterclaim.
Mercedes moved for a reconsideration of the dismissal of the Counterclaim. Pass

upon Mercedes’ motion. (3%)
b. Suppose there was no Counterclaim and Benjamin’s complaint was not dismissed,
and judgment was rendered against Mercedes for P1,000,000. The judgment became
final and executory and a writ of execution was correspondingly issued.
Since Mercedes did not have cash to settle the judgment debt, she offered her Toyota
Camry model 2008 valued at P1.2 million. The Sheriff, however, on request of
Benjamin, seized Mercedes’ 17th century ivory image of the La Sagrada
Familia estimated to be worth over P1,000,000.
Was the Sheriff’s action in order? (3%)
VII
As Cicero was walking down a dark alley one midnight, he saw an "owner-type jeepney"
approaching him. Sensing that the occupants of the vehicle were up to no good, he darted
into a corner and ran. The occupants of the vehicle − elements from the Western Police
District − gave chase and apprehended him.
The police apprehended Cicero, frisked him and found a sachet of 0.09 gram ofshabu tucked
in his waist and a Swiss knife in his secret pocket, and detained him thereafter. Is the arrest
and body-search legal? (3%)
PART II
VIII
Dominique was accused of committing a violation of the Human Security Act. He was
detained incommunicado, deprived of sleep, and subjected to water torture. He later
allegedly confessed his guilt via an affidavit.
After trial, he was acquitted on the ground that his confession was obtained through torture,
hence, inadmissible as evidence.
In a subsequent criminal case for torture against those who deprived him of sleep and
subjected him to water torture, Dominique was asked to testify and to, among other things,
identify his above-said affidavit of confession. As he was about to identify the affidavit, the
defense counsel objected on the ground that the affidavit is a fruit of a poisonous tree. Can
the objection be sustained? Explain. (3%)
IX
In a prosecution for rape, the defense relied on Deoxyribonucleic Acid (DNA) evidence
showing that the semen found in the private part of the victim was not identical with that of
the accused’s. As private prosecutor, how will you dispute the veracity and accuracy of the
results of the DNA evidence? (3%)
Marinella is a junior officer of the Armed Forces of the Philippines who claims to have
personally witnessed the malversation of funds given by US authorities in connection with
the Balikatan exercises.
Marinella alleges that as a result of her exposé, there are operatives within the military who
are out to kill her. She files a petition for the issuance of a writ of amparo against, among
others, the Chief of Staff but without alleging that the latter ordered that she be killed.
Atty. Daro, counsel for the Chief of Staff, moves for the dismissal of the Petition for failure to
allege that his client issued any order to kill or harm Marinella. Rule on Atty. Daro’s motion.
Explain. (3%)
XI
X was arrested for the alleged murder of a 6-year old lad. He was read hisMiranda rights
immediately upon being apprehended.
In the course of his detention, X was subjected to three hours of non-stop interrogation. He
remained quiet until, on the 3rd hour, he answered "yes" to the question of whether "he
prayed for forgiveness for shooting down the boy." The trial court, interpreting X’s answer as
an admission of guilt, convicted him.
On appeal, X’s counsel faulted the trial court in its interpretation of his client’s answer,
arguing that X invoked his Miranda rights when he remained quiet for the first two hours of
questioning. Rule on the assignment of error. (3%)
XII
In a prosecution for murder, the prosecutor asks accused Darwin if he had been previously
arrested for violation of the Anti- Graft and Corrupt Practices Act. As defense counsel, you
object. The trial court asks you on what ground/s. Respond. (3%)
XIII
Policemen brought Lorenzo to the Philippine General Hospital (PGH) and requested one of its
surgeons to immediately perform surgery on him to retrieve a packet of 10 grams
of shabu which they alleged was swallowed by Lorenzo.
Suppose the PGH agreed to, and did perform the surgery, is the package ofshabu admissible
in evidence? Explain. (3%)
XIV
Czarina died single. She left all her properties by will to her friend Duqueza. In the will,
Czarina stated that she did not recognize Marco as an adopted son because of his
disrespectful conduct towards her.
Duqueza soon instituted an action for probate of Czarina’s will. Marco, on the other hand,
instituted intestate proceedings. Both actions were consolidated before the RTC of Pasig. On
motion of Marco, Duqueza’s petition was ordered dismissed on the ground that the will is
void for depriving him of his legitime. Argue for Duqueza. (5%)
XV
Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the time of his death,
bequeathed to Winston a sum of money to purchase an annuity.
Upon Pedrillo’s demise, his will was duly probated in Los Angeles and the specified sum in
the will was in fact used to purchase an annuity with XYZ of Hong Kong so that Winston
would receive the equivalent of US$1,000 per month for the next 15 years.
Wanting to receive the principal amount of the annuity, Winston files for the probate of
Pedrillo’s will in the Makati RTC. As prayed for, the court names Winston as administrator of
the estate.
Winston now files in the Makati RTC a motion to compel XYZ to account for all sums in its
possession forming part of Pedrillo’s estate. Rule on the motion. (5%)
XVI
Sal Mineo died intestate, leaving a P1 billion estate. He was survived by his wife Dayanara
and their five children.
Dayanara filed a petition for the issuance of letters of administration. Charlene, one of the
children, filed an opposition to the petition, alleging that there was neither an allegation nor
genuine effort to settle the estate amicably before the filing of the petition. Rule on the
opposition. (5%)
XVII
What is "res judicata in prison grey"? (2%)
XVIII
While window-shopping at the mall on August 4, 2008, Dante lost his organizer including his
credit card and billing statement. Two days later, upon reporting the matter to the credit
card company, he learned that a one-way airplane ticket was purchased online using his
credit card for a flight to Milan in mid- August 2008. Upon extensive inquiry with the airline
company, Dante discovered that the plane ticket was under the name of one Dina Meril.
Dante approaches you for legal advice.
a. What is the proper procedure to prevent Dina from leaving the Philippines? (2%)
b. Suppose an Information is filed against Dina on August 12, 2008 and she is
immediately arrested. What pieces of electronic evidence will Dante have to secure in
order to prove the fraudulent online transaction? (2%)
XIX
1. Enumerate the requisites of a "trial in absentia " (2%) and a "promulgation of

judgment in absentia" (2%).
2. Name two instances where the trial court can hold the accused civilly liable even if he is
acquitted. (2%)
XX
Azenith, the cashier of Temptation Investments, Inc. (Temptation, Inc.) with principal offices
in Cebu City, is equally hated and loved by her co-employees because she extends cash
advances or "vales " to her colleagues whom she likes. One morning, Azenith discovers an
anonymous letter inserted under the door of her office threatening to kill her.
Azenith promptly reports the matter to her superior Joshua, who thereupon conducts an
internal investigation to verify the said threat.
Claiming that the threat is real, Temptation, Inc. opts to transfer Azenith to its Palawan
Office, a move she resists in view of the company’s refusal to disclose the results of its
investigation.
Decrying the move as a virtual deprivation of her employment, Azenith files a petition for the
issuance of a writ of habeas data before the Regional Trial Court (RTC) to enjoin Temptation,
Inc. from transferring her on the ground that the company’s refusal to provide her with a
copy of the investigation results compromises her right to life, liberty and privacy.
Resolve the petition. Explain. (5%)
NOTHING FOLLOWS.
LEGAL ETHICS and PRACTICAL EXERCISES

26 September 2010
2 P.M. – 5 P.M.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to
XI) contained in six (6) pages; and Part II with eleven (11) questions (numbered XII to
XXII), contained in five (5) pages, for a total number of eleven (11) pages.
booklet.
GOOD LUCK!!!
_____________________________________
CHAIRPERSON
LEGAL ETHICS AND PRACTICAL EXERCISES

PART I
Prepare the following:
a. Verification and Certification against Forum Shopping. (5%)

b. Petition for Letters Rogatory. (5%)
II
Enumerate the instances when a Notary Public may authenticate documents without
requiring the physical presence of the signatories. (2%)
III
Atty. Y, in his Motion for Reconsideration of the Decision rendered by the National Labor
Relations Commission (NLRC), alleged that there was connivance of the NLRC
Commissioners with Atty. X for monetary considerations in arriving at the questioned
Decision. He insulted the Commissioners for their ineptness in appreciating the facts as
borne by the evidence presented.
Atty. X files an administrative complaint against Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to express his
righteous anger against the Commissioners for having cheated them; that his allegations in
the Motion for Reconsideration are absolutely privileged; and that proscription against the
use of abusive language does not cover pleadings filed with the NLRC, as it is not a court,
nor are any of its Commissioners Justices or Judges.
Is Atty. Y administratively liable under the Code of Professional Responsibility? Explain. (3%)
IV
Atty. XX rented a house of his cousin JJ on a month-tomonth basis. He left for a 6-month
study in Japan without paying his rentals and electric bills while he was away despite JJ’s
repeated demands.
Upon his return to the Philippines, Atty. XX still failed to settle his rental arrearages and
electric bills, drawing JJ to file an administrative complaint against Atty. XX.
Atty. XX contended that his non-payment of rentals and bills to his cousin is a personal
matter which has no bearing on his profession as a lawyer and, therefore, he did not violate
the Code of Professional Responsibility.
a. Is Atty. XX’s contention in order? Explain. (3%)

b. Cite two (2) specific Rules in the Code of Professional Responsibility, violation of
which subjects a lawyer to disciplinary action by the Supreme Court although the acts
complained of are purely personal or private activities that do not involve the practice
of law. (2%)
When is professional incompetence a ground for disbarment under the Rules of Court?
Explain. (3%)
VI
Atty. Monica Santos-Cruz registered the firm name "Santos- Cruz Law Office" with the
Department of Trade and Industry as a single proprietorship. In her stationery, she printed
the names of her husband and a friend who are both non-lawyers as her senior partners in
light of their investments in the firm. She allowed her husband to give out calling cards
bearing his name as senior partner of the firm and to appear in courts to move for
postponements.
Did Atty. Santos-Cruz violate the Code of Professional Responsibility? Why? (3%)
VII
Atty. Candido commented in a newspaper that the decision of the Court of Appeals was
influenced by a powerful relative of the prevailing party. The appellate court found him guilty
of indirect contempt. Does this involve moral turpitude? Explain. (3%)
VIII
For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case involving
5,000 square meters (sq.m.) of land, the two agreed on a success fee of P50,000 plus 500
sq.m. of the land.
The trial court rendered judgment in favor of Wag Yu which became final and executory.
After receiving P50,000, Atty. Delmonico demanded the transfer to him of the promised 500
sq.m. Instead of complying, Wag Yu filed an administrative complaint charging Atty.
Delmonico with violation of the Code of Professional Responsibility and Article 1491(5) of the
Civil Code for demanding the delivery of a portion of the land subject of litigation.
Is Atty. Delmonico liable under the Code of Professional Responsibility and the Civil Code?
Explain. (5%)
IX
Is the defense of Atty. R in a disbarment complaint for immorality filed by his paramour P
that P is in pari delicto material or a ground for exoneration? Explain. (3%)
Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money. Upon
receipt on March 20, 2009 of the Notice of Pre-Trial which was scheduled on May 24, 2009,
Allison noted that at that time he would still be in a two-week conference in St. Petersburg.
He thus asked Atty. X to represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to the court to enable him to
represent Allison during Pre-Trial. (5%)
XI
After passing the Philippine Bar in 1986, Atty. Richards practiced law until 1996 when he
migrated to Australia where he subsequently became an Australian citizen in 2000. As he
kept abreast of legal developments, petitioner learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (Republic Act No. 9225), pursuant to which he reacquired his
Philippine citizenship in 2006. He took his oath of allegiance as a Filipino citizen at the
Philippine embassy in Canberra, Australia. Jaded by the laid back life in the outback, he
returned to the Philippines in December 2008. After the holidays, he established his own law
office and resumed his practice of law.
Months later, a concerned woman who had secured copies of Atty. Richards’ naturalization
papers with consular authentication, filed with the Supreme Court an anonymous complaint
against him< for illegal practice of law.
a. May the Supreme Court act upon the complaint filed by an anonymous person? Why
or why not? (3%)
b. Is respondent entitled to resume the practice of law? Explain. (5%)
PART II
XII
Rebecca’s complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge A’s
wife by a previous marriage. This is known to the defendant who does not, however, file a
motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)
XIII
Reacting to newspaper articles and verbal complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court ordered the conduct of a discreet
investigation by the Office of the Court Administrator.
Judges in the place where Judge X is assigned confirmed the complaints.
a. What administrative charge/s may be leveled against Judge X? Explain. (3%)

b. What defense/s can Judge X raise in avoidance of any liability? (2%)
XIV
Farida engaged the services of Atty. Garudo to represent her in a complaint for damages.
The two agreed that all expenses incurred in connection with the case would first be
shouldered by Atty. Garudo and he would be paid for his legal services and reimbursed for
all expenses which he had advanced out of whatever Farida may receive upon the
termination of the case. What kind of contract is this? (2%)
XV
Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one of the more
posh golf courses. He relishes hosting parties for government officials and members of the
bench.
One day, he had a chance meeting with a judge in the Intramuros golf course. The two
readily got along well and had since been regularly playing golf together at the Marina Golf
Club.
a. If Atty. Rico does not discuss cases with members of the bench during parties and
golf games, is he violating the Code of Professional Responsibility? Explain. (3%)
b. How about the members of the bench who grace the parties of Rico, are they
violating the Code of Judicial Conduct? Explain. (3%)
XVI
Judge L is assigned in Turtle Province. His brother ran for Governor in Rabbit Province.
During the election period this year, Judge L took a leave of absence to help his brother
conceptualize the campaign strategy. He even contributed a modest amount to the
campaign kitty and hosted lunches and dinners.
Did Judge L incur administrative and/or criminal liability? Explain. (3%)
XVII
Judge X was invited to be a guest speaker during the annual convention of a private
organization which was covered by media. Since he was given the liberty to speak on any
topic, he discussed the recent decision of the Supreme Court declaring that the President is
not, under the Constitution, proscribed from appointing a Chief Justice within two months
before the election.
In his speech, the judge demurred to the Supreme Court decision and even stressed that the
decision is a serious violation of the Constitution.
a. Did Judge X incur any administrative liability? Explain. (3%)

b. If instead of ventilating his opinion before the private organization, Judge X
incorporated it, as an obiter dictum, in one of his decisions, did he incur any
administrative liability? Explain. (3%)
XVIII
a. Draft the accusatory portion of an Information for RAPE of a 13-year old child
committed by her maternal uncle in broad daylight at the back of a church. (5%)
b. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)
c. Draft a Petition for Bail. (5%)
XIX
Judges of the first and second level courts are allowed to receive assistance from the local
government units where they are stationed. The assistance could be in the form of
equipment or allowance.
Justices at the Court of Appeals in the regional stations in the Visayas and Mindanao are not
necessarily residents there, hence, they incur additional expenses for their accommodations.
Pass on the propriety of the Justices’ receipt of assistance/allowance from the local
governments. (3%)
XX
Arabella filed a complaint for disbarment against her estranged husband Atty. P on the
ground of immorality and use of illegal drugs.
After Arabella presented evidence and rested her case before the Investigating
Commissioner of the IBP Committee on Bar Discipline, she filed an Affidavit of Desistance
and motion to dismiss the complaint, she and her husband having reconciled for the sake of
their children.
You are the Investigating Commissioner of the IBP. Bearing in mind that the family is a
social institution which the State is duty-bound to preserve, what will be your action on
Arabella’s motion to dismiss the complaint? (3%)
XXI
On the proposal of Judge G, which was accepted, he and his family donated a lot to the city
of Gyoza on the condition that a public transport terminal would be constructed thereon. The
donation was accepted and the condition was complied with.
The family-owned tracts of land in the vicinity of the donated lot suddenly appreciated in
value and became commercially viable as in fact a restaurant and a hotel were soon after
built.
Did the Judge commit any violation of the Code of Judicial Conduct? (2%)
XXII
A retired member of the Judiciary is now engaged in private practice. In attending hearings,
he uses his car bearing his protocol plate which was issued to him while still in the service.
Pass on the ethical aspect of the judge’s use of the protocol plate. (2%)
NOTHING FOLLOWS.

2010 BarExam

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2010 BarExam

Uploaded by

Copyright:

Available Formats

POLITICAL LAW

05 September 2010 8 A.M. – 12 NN.

Begin your answer to each numbered question on a separate page; an answer to a

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

a. Is there state responsibility on the part of Thailand? (2%)

Choose the statement which appropriately completes the opening phrase:

A State which resorts to retorsion in international law

a. must ensure that all states consent to its act.

Explain your answer. (2%)

a. Does Mang Pandoy have legal standing to question the law?(2%)

Decide with reasons.

a. A proclamation of a state of emergency is sufficient to allow the President to take

Distinguish “presidential communications privilege” from “deliberative process privilege.”

Which statement best completes the following phrase: (1%)

“Freedom from torture is a right

a. subject to derogation when national security is threatened.”

a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated

a. A person who occupies an office that is defectively created is a de facto officer.

The House Committee on Appropriations conducted an inquiry in aid of legislation into

Define/explain the following:

a. Who shall succeed Governor Diy in his office as Governor? (1%)

A was a career Ambassador when he accepted an ad interim appointment as Cabinet

Compare and contrast “overbreadth doctrine” from “void-forvagueness” doctrine. (5%)

a. What is the rotational scheme of appointments in the COMELEC? (2%)

Distinguish between “pocket veto” and “item veto.” (2%)

05 September 2010 2 P.M. – 5 P.M.

Begin your answer to each numbered question on a separate page; an answer to a

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LABOR AND SOCIAL LEGISLATION

TRUE OR FALSE. Explain your answer briefly.

a. Distinguish the terms “conciliation,” “mediation” and “arbitration.” (3%)

A was dismissed from employment as a consequence of the strike.

a. Was the strike legal? Explain. (3%)

a. Was A’s dismissal valid? Explain. (3%)

A was working as a medical representative of RX pharmaceutical company when he met and

Rule on whether the quitclaim executed by A is valid or not. Explain. (3%)

Is A entitled to relief? Explain. (3%)

a. May A validly refuse the plant manager’s directive? Explain. (2%)

Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc.,

a. Should A be a member of the supervisory union? Explain. (2%)

a. Was the order to assume jurisdiction legal? Explain. (2%)

A was approached for possible overseas deployment to Dubai by X, an interviewer of job

a. May X be held criminally liable for illegal recruitment? Explain. (2%)

12 September 2010 8 A.M. – 12 NN.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

1. B may e-mail A accepting the donation.

1. The will is invalidated

Define, Enumerate or Explain. (2% each)

a. What is the difference between "guaranty" and "suretyship"?

a. If G gives the surname of B to her daughter by another man, what can B do to

a. Who owns the foregoing properties? Explain. (5%)

Rex now wants to adopt his illegitimate child.

Is anyone liable for N’s injuries? Explain. (4%)

A, B, and C entered into a partnership to operate a restaurant business. When the

12 September 2010 2 P.M – 5 P.M.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

a. In civil cases involving the collection of internal revenue taxes, prescription is

a. What is the "all events test"? Explain briefly. (2%)

Choose which of the following statements is correct.