ig 2011 Bar Examination Questionnaires Labor Law Political Law. Taxation iB Civil Law. Remedial Law Criminal Law ... Commercial Law ., Legal Ethics I LABOR LAW [J] +. me uniows tyJove proved for but! essistence to the famiy of a member vino des. When Carlo, a member ost the union denied is wités claim for bute! eanctaney, gempeting Netto hie alse to pursue the calm aces J] Bevitene the case, mon ft fe Pursue attorney’ fees? Senet a Toa vente ncuamocieten. Provided her the Shows fe ae wae . canes stone chara "ated Obet, a union offcer and coneurenty Sharman of the company’s Labor-Management Cosa a) pepe sn Company for a recarsputation of Pol's ovedime boy Aer S Bm. hi usual snock-off time, Obet spent tie heave Rhee petsonrel Orie, reconciling he «fering eomputsnen cy Pat's overtime. Are those tio hours compensable? A Yes, because Obet performed work within the company premises. B. No, since Obes acton has nothing to do with his regular work assignment ©. No, because the matter could have been resolved in the labor-managenent counci of which he is the chairman, D._ es, because the time he spent on grievance meetings is considered hours worked. pfs Labor Code on retrement pay expands the term “one. hhalf(¥4) month salary’ because it meane ‘A135 days’ pay plus 1/12th of the 13th month pay and 4/12th of the cash value of service incentive leave, £5 days’ pay plus 1/'2th of the 13th month pay end the ‘cash equivalent of five days service incentive leave, ©. 48 days pay plus a ful 13th month pay D. 1S ‘calendar ‘days’ pay per year of service plus allowances received during the retirement year labor Law FF EA, foteian guest in a iuxury notel complained that he inet ran valuable items in his hotel room. An investigation by hotel pointed to two roomboys a8 the most probable thieves May the management invoke “oss of confidence’ os a {ust cause for dismissing the roomboys? A. No, “loss of confidence” as reason for cismissal docs rot apply to rank and fle employees. B. No, "loss of confidence” applies only to confidential positions, ©. Yes, “loss of confidence” is broad enough to cover al Gshonest acts of employee. D. Yes, "toss of conaidence” applies to employces who are charged with the care and custody of the erplover propery, Caneael Placement Agency supplies manpower to Lucas feat, Factory to do work usualy necessary for werk done st ae FaGN. After working there for more than two years uece ht, {2etory manager's supenision, the workers. demanded: ee sieas, ‘overtime pay after ten hours of work. 1D. Yes, a domestic helper may be required to work twelve hours a day or beyond, “ 12. Under the Labor Code on Working Conditions and Rest Periods, a person hited by @ high company official but paid for by the ‘company to clean and maintain his staf house is regarded as, ‘A. a person rendering personal service to another. B. a regular company employee. ©. afamity member. D. domestic helper. 13. The union filed a notice of strike due to a bargaining deadlock But, because the Secretary of Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer observed that the union engaged in a work slowdovm. Contending that the slowdowm was in fact an illegal strike, the employer dismissed all the union officers. The union President complained of ilegal dismissal because the employer Should first prove his part in the slowdown. Is the union president correct? A. Yes, since the employer gave him no notice of its finding that there was a slowdown. B. Yes. The employer must prove the union president's part in slowdown. No, When a stiike is legal, the management has the right to Giemiss the union president. D._ No. As the union president, it may be assumed that he led the siowdown, 14, ‘The existing collective bargaining unit in Company X includes some fifty “secretaries and “clerks” who routinely record and monitor reports required by their department heads, Believing that these secretaries and clerks should not bbe union members because of the confidential nature of their work, the management discontinued deducting union dues from their Salaries. Is the management's action legal?” A. No, only managers are prohibited from jolning unions; the law does not bar “confidential employees” from jeining unions. 3. No, “confidential emiployees” are those who assist Persons who formulate, determine, or enforce management policies in the fleld of labor relations. ©. Yes, secretaries and clerks of company executives are extensions of the management and, therefore, should ‘ot join the union, D. No, “confidential” employees are those who handle executive records and payroll or serve as executive secretaries of top-evel managers,19. Jose Lovina had been member of the board of directors and Executive Vice President of San Jose Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of directors nor did the board reappoint him as Executive Vice President. He filed an illegal dismissal complaint with Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction over the case since Lovina was not an employee, the company filed a motion to dismiss. Should the motion be granted? ‘A. No, the Labor Arbiter hes jurisdiction over all tetmination disputes, B. Yes, itis the NLRC that has jurisdiction over disputes involving corporate officers. ©. No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure. D._ Yes, jurisdiction lies with the regular courts since the complainant wes a corporate officer. 16. An employee proved to have been illegally dismissed is entitled to reinstatement and full backwages computed on the basis of his ‘A. basic salary plus the regular allowances and the thirteenth month pay. B. asic salary plus the salary CBA increases during the pendency of his case. ©. basic salary plus the increases mandated by wage der ised cring the pendency of is caso D. basic salary at the time of dismissal. 17. The meal tme (lunch break) for the dining crew in Glorious Restaurantis either from 10 a.m. to 11 a.m. or from 1:30 pm. to 2:30 p.m,, with pay. But the management wants to change the mealtime to 11: am. to 12 noon or 12:30 p.m. to 1:30 pm, without pay. Will the change be legal? A. Yes, absent 2n agreement to the contrary, the ‘management determines work hours and, by law, meal break is without pay. B. No, because lunchbreak regardless of time should be with pay. ©. Yes, the management has control ofits operations. D. No, because existing practice cannot be discontinued unilaterally. 48. The employees’ union in San Joaquin Enterprise continued their strike despite a retum to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared af illegal the dismissal of those whose commission of unlawiul acts had not been proved, They were ordered immedately reinstated. The employer fofused, however, to reinstate them on the ground that the rule fn immediate reinstatement applies only to terminations due to just of authorized causes. Is the employer's refusal justified? A. No, every employee found to have been legally dismissed is entitled to immediate reinstatement even ending appeal. Yes. The employer's refusal is legal and justified as a penalty for defying the secretary's lawful order. ‘Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-to-work order. D. No. The dismissal of the employees was valid; reinstatement is unwarranted, Labor tow FE 19. Lianas Corporation and Union X, the certified bargaining agent ofits employees, concluded a CBA for the period January 4, 2000 to December 31, 2004. Byt, long before the CBA expired, members of Union Y, the minofity union, showed dissatisfaction with the CBA under the belief that Union X was @ company union. Agitated by its members, Union Y filed 2 petition for a Certification Election on December 1, 2002. Will the petition prosper? ‘A. No, such a petition can only be filed within the freadam period of the CBA. No, since a petition for certification can be filed only upon the expiration of the CBA. Yes, a certification is the right remedy for ousting a ‘company union, Yes, employees should be allowed to canes! at the earliest opportunity a CBA that they believed ves obtained by a company union, a) 20. |s It correct to say that under Philippine law'a househiciner hhas no right to security of tenure? A. No, since a househelper can be dismissed only for just cause of when his agreed period of employment! rice B. Yes, since it is the employer who determine: period of his service. ©. Yes, since a househelper can be dismissed with or ‘without just cause, D. No, since a househelper can be dismissed only for jr cause, except when he has been employed fer a definite period not exceeding one year. 21. Reach-All, a marketing fim with operating capite! of 100,009, supplied sales persons to pharmaceutical comp: to promote their products in hospitals and doctors’ « Reach-All trained these sales persons in the art of scr) + 's the client companies that taught them the pharmacological qualities of their products. Reach-Al's roving supervisors ‘monitored, assessed, and supervised their work perfor --nce. Reach-All directly paid their salaries out of contractor's fc: feceived. Under the circumstances, can the sales pes ns demand that they be absorbed’ as employees of the Pharmaceutical firms? ‘A No, they are Reach-All's employees since it has contr! ‘over theit work performance, B. Yes, since they recelve training fro: the Pharmaceutical companies regarding the piuiawis they will promote, ©. No, since they are bound by the agency ©--c1 -at between Reach-All and the pharmaceutical eo apie D. Yes, since ReactAll does does not quality independent contractorempioyer, its clients being { ‘source of the employees’ salaries. 22. Executive Order No. 180, which protects government employees, does NOT epply to "high-level employes,” A presidential appointees. B. those performing policy-determining functions, excluding confidential employees and supervisors ©. conficential employees and those performing policy- determining functions. D. elective officials23. In the case of a househelper, reinstatement is not a Statutory relief for unjust dismissal because of the confidentiality cf his or her job. Instead, the househelper ehall be paid ‘Aan indemnity equivalent to 15 days’ pay plus ‘compensation already eared, B. a separation pay equivalent to one month's pay per year of service, ©. a separation pay equivalent to one-half month's pay per year of service. D. 15 days’ pay as indemnity plus wages lost from ismissal to finality of decision. 24. The CBA for the period January 2007 to December 2009 granted the employees a P40 per day increase with the Understanding that itis creditable as compliance to any future wage order. Subsequently, the regional wage board increased by P20 the minimum wage in the employers area beginning January 2008. The management claims that the CBA increase may be considered compliance even if the Wage Order itself seid that *CBA increase is not creditable as compliance to the ‘Wage Order.” Is the management's claim valid? ‘A. Yes, since crecitabilly of the CBA increase is the free and deliberate agreement and intention of the parties. B. Yes, since the Wage Order cannot prejudice the ‘management's vested interest in the provisions of the CBA, ©. No, disallowing creditabiliy of CBA pay increase ie within the wage board's authority. D. No, the CBA increase and the Wage Order are essentially different and are to be complied with separately, 25. When an employee works from 8 a.m, to 5 p.m. on a legal holiday falling on hiss rest day, which ofthe following formulas do you use to compute for his day's wage on that day? ‘A. His regular daily wage multiplied by 200% plus 30% of ‘the 200% 8. His regular daily wage mutipied by 200% . His regular daily wage plus 200% D. His daily regular wage 28. The employees’ rights to organize and to bargain collectively ‘re means of exercising the broader right to participate in policy or decision-making processes. The employees’ right to Participate in policy and decision making processes is available A if labor-management counall exists. B. if alabor-manaaement council does not exist. C._if'a union exists and it agrees to the creation of a labor- ‘management counci. D. whether or nct a labor-management council exists. 27. NN not used by the end of the year, the service incentive leave shail be A. carried over to the next year. 8. converted to its money equivalent, C. forfeited. D. converted to cash and paid when the employee resigns or retires, Labor tow EE 28. An employee is NOT entitled to “financial assistanco” in ‘cases of legel dismissal when the dsmissal ‘A. Ig based on an offense reflecting the depraved character of the employee. B. is based on serious misconduct or breach of the employers trust. ©. Is grounded on any of the just causes provided by the Labor Code. 1D. when the employee has less than 10 years of servico, 29. In a workeleted environment, sexual harassment is ‘committed when ‘A. the offender has authority, influence, or moral ascendancy ever his subordinate victim, 8. the victim's continued employment is conditioned on sexual favor from her. . the female victim grants the demand for sexual favor against her wall D. the Victim is not hired because she turned down the ‘demand for sexual favor. '30.;Government employees may elect @ union as their exclusive ‘representative but this right is not available to ‘A. regular employees in government instrumentaitties and agencies. B. employees of govemmentowned and -controlled ‘corporations without original charters. ©. employees of /—_govemnment-owned-or-contralied corporations with original charters, D. employees of provincial and local government units, 31. Celia, an OFW that Moonshine Agency recruited and Geployed, died in Syria, her place of work. Her death was not work-related, it appearing that she had been murdered, Insisting that she committed suicide, the employer and the agency took ‘no action to ascertain the cause of death and treated the matter as a “closed case.” The worker's family sued both the employer ‘and the agency for moral and exemplary damages. May such damages be awarded? ‘A. Yes, the agency end the employer's uncaring attitude: ‘makes them liable for such damages, B. Yes, but only the principal is llable for such damages ‘since the agency had nothing to do with Celia's death. ©. No, since her death is not at all werkcreiated. D. No, since her death is not attributable to any act of the agency or the employer, 32. When the employer or his representative hutls serious insult fon the honor or person of the employee, the law says that the employee may leave work after at least a five-day notice to the ‘employer. may leave work at any time and file for constructive dismissal may leave work without giving a 30-day notice to the ‘employer. ‘may abandon his job at once. pp p> — st &‘33, A sugar mill in Laguna, capitalized at P300 million, suffered ‘4 P10,000.00 loss last year. This year it diemissed three young female employees who gave birt in the last three years. In its termination report to DOLE, the sugar mill gave as reason for the dismissal “retrenchment because of losses.” Did it violate any law? ‘A. Yes, the law on retrenchment, the sugar mil's loses not being substantial, B. Yes, the law against violence committed on women and children. C. No, except the natural law that calls for the protection ‘and support of women. ©. No, but the management action confirms suspicion that some companies avoid hiring women because of higher costs. 34. ‘Piece rate employees” are those who are paid by results or ‘other non-time besis. As such they are NOT entitled to overtime pay for work done beyond eight hours if ‘A. their workplace is away from the company’s principal place of work they fail to fil up time sheets, the product pieces they do are not countable, the piece ‘rate formula accords with the labor department's approved rates. sop 35. An employer may require an gmployee to work on the employee's rest day A. to avoid irreparatie loss to the employer. 8. only when there is a state of calamity. C. provided he is paid an extra of at least 50% of his, regular rate. ©. subject to 24-hour advance notice to the employee 36. The State has a policy of promoting collective bargaining ‘and voluntary arbitration as modes of setting labor disputes. To this end, the voluntary arbitrator's jurisdiction has not been limited to interpretation and implementation of collective bargaining agreements and company pereonnel policies. It may extend to “al other labor disputes,” provided ‘A the extension does not cover cases of union busting. B. the parties agreed to such extended jurisdiction ©. the parties ‘are allowed to appeal the voluntary arbitrators decision. D. the parties agreed in their CBA to broaden his jurisdiction z 37. Philworld, a POEAicensed agency, recruited and deployed ‘Mike with its principal, Delta Construction Campany in Dubai for 8 2-year project job. After he had worked for a year, Delta and Philworid terminated for unknown reason thelr agency agreement. Delta stopped paying Mike's salary. When Mike feturned to the Philippines, he sued both Phitworid and Detta for Uinpaid salary and damages. May Philworts, the agency, be held lable? ‘A. No, since Phitworld, the recruitment agency, is not the employer liable for inpaid wages. B. Yes, since the agency is equally lable with the foreign ftincipal despite the termination of their contract between them. ©. Yes, since the law makes the agency liable for the Principal's malicious refusal to pay Mike's salary labor Law Ei D. No, since Mike did not get paid only after Deita and Philworld terminated their contract. 38. Melissa, 2 coffee shop worker of 5 months, reques‘<¢ ‘employer for 5 days’ leave with pay to attend to the caso the” sshe filed against her husband for physical assault tw: : eealier. May the employer deny her request for leave with pay? A. Yes, the reason belng purely personal, approval depends on the employer's discretion and ie i033": pay. B._No, as victim of physical violence of her husband, she 's entitled to five days paid leave to attend to her action ‘against him. ©. No, the employer must grant the request but the leave will be without pay. D. Yes, since she is not yet a permanent employee. 39. Quiel, a househelper in.the Wilson household since 2006, fesigned from his job for several reasons. One reason was the daily 12-hour workday without any rest day. When he left his job he had unpaid wages totaling P'13,500.00 which his employer ‘efused to pay. He wants to daim this amount though he is not interested in getting back his job. Where should he file hic aim? ‘A He should file his claim with the DSWD, which will ‘eventually endorse itto the right agenoy. B. Since he has no interest in reinstatement, he can file tis claim with the office of the regional director of the Department of Labor. ©. He should file his claim exceeding P5,000.00 with the office of the labor arbiters, the regional arbitrators, tepresenting the NLRC. D. He should go to the Employee's Compensation Commission. 40. For labor, the Constituionally adopted policy of promoting ‘Social justice in al phases of national development means, ‘A. the nationalization ofthe tools of production. B._ the petiodic examination of laws for the common good, C. the humanization of taws and equalization of econornic forces, D._ the revision of laws to generate greater employment. 41. To avail himself of patemity leave with pay, when must tho: male employee file his application for leave? A. Within one week from the expected date of delivery by the wate. B. Not later than one week after his wife's delivery or miscarriage ©. Within @ reasonable time from the expected deliver date of his wife. D. When a physician has already ascertained the date the wife wall give birth,52. In computing for 13th month pay, Balagtas Company used as basis both the employee's regular base pay and the cash value of his unused vacation and sick leaves. After two and 2 half years, it announced that it had made a mistake and was discontinuing such practice. Is the management action legally Justified? A. Yes, since 13th month pay should only be one-twelfth of the regular pay. 8. No, since the entoneous computation has ripened into an established, nonwithdrawable practice, C. Yes, an error is not a deliberate decision, hence may be rectified. D. No, employment benefits can be withdrawn ony through a CBA negotiation 53. Where the petiion for a certification election in an unorganized establishmert is filed by a federation, it shall NOT be required to disclose the ‘A _ names of the locel chapter's officers and members. B. names and addresses of the federation officers, C. names and number of employees that initiated the union formation in the enterprise. D. names of the employees that sought assistance from the federation in creating the chapter. 54. Under the Limited Porability law, funds from the GSIS and the SSS maybe transferred for the benefit of a worker who transfers from. one.system to the other. For this purpose, overlapping petiods of membership shall be ‘A. credited only once. B. credited in fll C. proportionately reduced, . equally divided for the purpose of totaization, 55. Of the four tests belovr, which is the most determinative of the status of a legiimate ccntractor-employer? ‘A. The contractor performs activities not directly related to the principal's main business. 8. The contractor has substantial investments in tools, equipment, and other devices. ©. The contractor does not merely recruit, supply, or place workers. . D. The contractor has direct ‘control over the employees’ ‘manner and method of work performance. 56. X Company's CBA grants each employes a 14th month year-end bonus. Because the company is in financial difficulty, its head wants to negotiate the discontinuance of such bonus, Would such proposal violate the “nondiminution rule" in the Labor Code? A. No, but it will certainly amount to negotiating in bad faith, B. Yes since the rule is that benefits already granted in a CBA cannot be windrawn or reduced, ©. No, since the law does not prohibit a negotiated discontinuance of a CBA benefit D. Yes, since such discontinuance will enjoyment of existing benefits, cancel the Labe: ‘57. Night differential is differentiated from overtime pay in that A. while overtime pay is given for overtime work done during day or night, night differential ie given only for work done between 10:00 p.m. and 6:00 a.m. B. while overtime pay is paid to an employee whether on day shift or night shift night shift ciferental is only for employees reguiatly essigned to night work. C. while overtime pay is for work done beyond eight hours, night cifferential s added to the overtim> - the overtime work is done between 6:00 pm. 2. 2 midnight. D. while overtime pay is 25% addtional to the employee's hourly regular wage, night differential is 10% of such hourly wage without overtime pay. 58. Differentiate a “labor organization” from a “legitimate organization.” ‘A While the employees themselves form a. “labo: ‘organization," 2 “legitimate labor organization" is formed atthe initiative of @ national union or federation. B. While the members of a “labor organization" consists only of rank and file employees, a ‘legitimate labor organization” consists of both supervisory and rank and fle employees, ©. While a “labor organization” exists for a lawful purpose, 2 “legitimate labor organization’ must, in addition, be registered with the labor department. D. While the officers in a “labor organization” are elected In an informal way, the officers In “legitimate labor ‘organization’ are formally elected according to the Union's constitution and by-laws, 59. The negotiating panels for the CBA of X Company established a rule that only employees of the company will seat in each panel. in the next session, the management panel ‘objected to the presence of the union counsel, Stil the negotiation proceeded. At the next session, the management panel again objected to the presence of the union counsel as a non-observance of the “no outsider” rule, The negotiation Ronetheless proceeded. Does the management panel's ‘objection to the presence of the union counsel constitute unfair Jabor practice through bad-faith bargaining? A. Yes, the management is harping on a non-mandatory matter insteed of proceeding with the mandatory subjects of bargaining. 8. No, there is no bargaining in bad faith since the bargaining proceeded anyway, Yes, the management panel has no legal basis for limiting the composition of the union negotiating panel ‘No, since itis the union that violates the ground rules fashioned by the parties, itis the one negotiating in bad eit, 660. Which ofthe following acts is NOT part of the regulatory and Visitorial power of the Secretary of Labor and Employment over recruitment and placement agencies? The power to A. order arrest ofan ilegel recruiter B._ inspect premises, books and records ©. cancel license or authority to recruit D. garnish recruiter's bond61. Where there is a bargaining deadlock, who may file 2 notice of stile? ‘A. The majority members of the bargaining unit. B. The recognized bargaining agent C. Any legitimate labor organization in the employer's business. D. The majority members of the bargaining union. 62. When a recruitment agency fails to deploy a recruit without valid season and without the recruits fault, the agency is obligated to ‘A. reimburse tha recruits documentary and processing expenses. B. reimburse the recruit's expenses with 6% interest C. pay the recruit damages equivalent to one year's salary. 1D. find another employer and deploy the recruit within 12 ‘months. 63. Which of the following is an essential element of illegal recruitment? ‘A. The recruiter demands and gets money from the recruit, butissues no receipt. B. The recruiter gives the impression that he is able to ‘send the recruit abroad. C. The recruiter has insuffciegt capital and has no fixed address, D. The recruiter has no authority to recruit, 64. A group of 15 regular tank-and-fle employees of Bay Resort formed and registered an indepenaent union. On heating of this, the management called the officers to check who the union members were. It turned out that the members included the probationary staff, casuals, and the employees of the landscape contractor. The management contends that inclusion of non- reguiars and employees of a contractor makes the union's composition inappropriate and its registration invalid. Is this correct? AA Yes, union membership should be confined to crect- hired employees of the company. B. Yes, the “community of interest” citerion should be ‘observed not only in the composition of a bargaining Unit but also in the membership of a union Yes, a union mus: have community of interest; the non- regulars do not have stich interest. 'No, union membership may include non-reguiars since it ctfers from membership in a bargaining unit. 65. Which is NOT a guideine for the dismissal of an employee (on the ground of “loss of confidence"? Loss of confidence may not be arbitrarily invoked in the face of overwhelming evidence to the contrary. Loss of confidence as cause of dismissal should be ‘expressly embodied in vaitten company rules. ‘The employee holds a position of trust and confidence, Loss of confidence should not be simulated nor 2 mere afterthought to justty earlier action taken in bad faith, 29 p> Lobortaw I 68. Pecring, Daniel, and Paul were employees of Dolibakery ‘who resigned from ther jobs but wanted to file money claims for, unpaid wages and 13th month pay. Pedring’s daim totals 20,000.00, Daniel's P3,000.00, and Paut's 22,000.00. Daniel changed his mind and now also wants reinstatement because he resigned only upon the instigation of Pedring and Paul. Where should they fle their claims? ‘A With the DOLE regional director for Pedring and Pau''s ‘daims with no reinstatement, with the labor arbiter for Danie''s ctsim with reinstatement. B. With the Office of the Regional Director of the Department of Labor for all claims to avoid multiplicity of suits. ©. With a labor arbiter forall three complainants, ©. With the DOLE Regional Director provided they are consolidated for expediency. 67. In a scenario like typhoon Ondoy, who may be required by the employer to work overtime when necessary to prevent loss of life oF property? ‘A. Health personnel 1B. Employees with fist aid training C. Security and safety personnel D. Any employee 668. The management and Union X in Atisan Mining entered into CBA for 1997 to 2001. After 6 months, a majoriy of the ‘members of Union X formed Union Y and sought management recognition. The latter responded by not dealing with either Union. But, when the CBA’s economic provisions had to be renegotiated towards the end of the term of the CBA, the management chose to negotiate with Union Y, the newer union. ‘Thus, Union X which negotiated the existing CBA chargad the ‘company with unfair labor practice (ULP). The company argued that it committed no unfair labor practice since the supposed Violation had nothing to do with economic provisions of the CBA, Isthe management right? A. No. Refusal to comply with the CBA's economic Pravisicns is not the only ground for ULP: a disregard cf the entire CBA by refusing to renegotiate with the incumbent bargaining agent is also ULP, B. Yes. No unfair labor practice was committed because + the supposed violation has nothing to do with ‘economic provisions of the CBA. ©. Yes, The management commits no ULP when it decided to renegotiate with the numerically majority union. D. Yes. A CBA violation amounts to ULP only if the Violation is “gross,” meaning flagrant or malicious fefusal to comply with the CBA's economic provisions hich is not the case here. 69. The apprenticeship program should be supplemented by theoretical instruction to be given by ‘A. the apprentice's school only where the apprentice is formally enrolled as a student. the employer ifthe apprenticeship is done in the plant. the civie organizations that sponsor the program. the Department of Labor and Employment. popmerger that allowed Broad Bank to absorb the assets and Does the union security clause in the Broad Bank CBA bind the ‘ec EBank employees? ‘A No, since the ex-EBank employees were not yet Broad Bank employees when that CBA was entered Into, 8. No, Broad Eank’s absorption of ex-EBank employees Was not a requirement of law or contract, hence. the CBA does not apply. ©. Yes, Broad Bank's ebsorption of ex-EBank employees ‘automatically makes the latter union members of Broad Bank's bargaining union, D. Yes, ‘since the right not to join a labor union is Subordinate tp the policy of unionism that encourages Collective representation and bargaining, 71. The employer must observe both substantive and Procedural due process when dismissing an employee. it Procedural due process is not observed, the dismissal will be egarded as ‘A. defective; he dismissal prockes has to be repeated, B. an abuse of employers discretion, rendering’ the dismissal void. ineffectual; the dismissal will be held in abeyance. D. legal and valid but the employer will be liable for 72. Matio, an expert aicon technician, owns and manages a Small aitcon repair shop with litle capital. He employs one full time and two parttime technicians. When they do repair werk in fromes or offices, thelr clients do not tell them how to do thelr ‘eke Since they are experts in what they do. The shop is shabby, merely rented, and lies in a smail side street Mario and ti To what categories of workers do they fall? ‘A. Labor-only contractors: B. Job contractors ‘ ©. Pakyaw workers D. Manpower agency contractors 73, How often should the collected service charges be ‘Gistibuted to employees in hotels and restaurants? A. Every end of the month B. Every two weeks: © Every week D. Atthe end of each work day Labor Lav 74. Which of the following conditions justifes a licens Smployment agency to charge and colet fees for emplovne assistance? A: The fecruit has submitted his credentias tot! employment agency. B. The POEA has approved the agency's charges ar fees. © The agency’ principal has interviewed the appiica for the job, D. The worker has obtained employment through th agency's efforts, 75 During the CBA negotiation the management pane Proposed a redefinition of the "rank-and-file" bargaining unt ¢ Sclude “HR Specials’ in the human resource department an, ‘Analyst’ in the research and development department. ra timjon panel objected since those affected have already beck {cluded in the bargaining unit covered by the existing GBA ene 80 could no longer be excluded. Is the union correct in insisting that their exclusion woula ‘mount to bad faith onthe part of the management panel? ‘A. No. efforts to modify an existing CBA do not constitute bad faith if such modification does not ciminior employment benefits, B Yes, the proposed exclusion amounts to managements violation of its duty to bargain because it disregards the bargaining history between the parties, C. Yes, once the coverage of the bargaining unit has been contractually defined, it can no longer ‘be redefined, ©. No, bargaining history is not the only factor thet etermines the coverage of the bargaining. unit ‘Seeking its redefinition is not negotiating in bad faithPOLITICAL LAW 1. Fillpino citizenship may be acquired through judicial aturaltzation only by an alien ‘A. born, raised, and educated in the Philippines who has all the qualifications and none of the disqualiications to become a Filipino citizen. B. who has all the qualifcaions and none of the ‘dsqualifcations to become a Filipino citizen, ©. bomn and raised in the Philippines who has all the ‘qualifications and none of the disqualifcations to become ¢ Filipino citizen. 1D. whose mother or father is @ naturalized Filipino and ‘who himself is qualified to be naturalized. 2. Jax Liner applied for a public utlty bus service trom Bacolod to ;nsportation Franchising and _ Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. 88 appeaied to the Secretary of the Department of Transportation and Communication (OOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRE's ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the ‘Office ef the President on tho ground tat Otice of the President has no jurisdiction over the case in the absence of any law Providing an appeal from DOTC to the Office of the President. Wil the petiton prosper? ;: ‘A. No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse. NNo, the action of the DOTC Secretary bears only the implied approval of the President who Is not precluded from reviewing the decision of the former. ©. Yes, when there is ne law providing an appeal to the Office of the President, no such appeal may be pursued, D. Yes, the doctrine of qualified political agency renders: unnecessary a further appeal io the Office of the President. 3. Where A is set for promotion to Administrative Assistant I ‘and B to the post of Administrative Assistant Il vacatad by A, the ‘appointing authority must A. submit to the CSC the two promotional appointments together for approval 8. not appoint B until the CSC has approved A's ‘appointment. C. submit to the Cvil Service Commission (CSC) the second appointment after its approval of the first. 1D. simultaneously issue the appointments of A and B. 4. When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter's act, of malversation of public funds, the witness may NOT be prosecuted for rect contempt infidelity in the custody of public records falsification of public documents, A B c. false testimony, . Poltical aw ‘5. Mario, a Bureau of Customs’ examiner, was administratively ‘charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and ater considering @ umber of mitigating circumstances, reduced his penalty to only ‘one month suspension. Is Mario entiied to back salaries? ‘A. Yes, the reduction of the penalty means restoration of hits right to back salaries, - 8. No, the penalty of one month suspension carries with it the forfeiture of back salaries, ©. No, he is stil guilty of grave misconduct, only the Penalty was reduced. D. Yes, corresponding to the period of his cuspension Pending appeal less one month, 6. Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-nterest_have been in open, continuous, exclusive and notorious possession of the lat since: 1940, in the concept of owner. In 1988, Althea became 2 naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name? ‘A. Yes, provided she acquires back her Filipino altzenship. B. No, except when it can be proved that Australia has a ‘counterpart domestic lew that also favors former Filipino citizens residing there. ©. Yes, the lot is already private in character and as a foimer natural-bom Filipino, she can buy the lot and apply for its registration in her name. D. No, foreigners are not allowed to own lands in the Philippines. 7. The privacy of commisnication and correspondence shall be inviolable except upon lawful order of the court or when A. public safely or public health requires otherwise as Prescribed by faw. B. dictated by the need to maintain public peace and ‘order. ©. public safety or order requires otherwise as proscribed by law. D. public safety or order requires otherwise as determined by the President. ‘8. One advantage of a written Constituion is its, A. reliability, B._ permanence. . flexibly, D. expediency. 4 8. An appointment held at the pleasure of the appointing power ‘essentially temporary in nature. ‘euires special qualifications of the appointee. requires justifiable reason for its termination, is co-extensive with the term of the public officer who ‘appointed him. oem>410. The sty government fled a complaint for expropriation of 10 lots to bul a recreational complex for the members of the homeowners’ association of Sitio Sto. Tomas, the most Populated residential compound in the city. The lot owners Challenged the purpose of the expropriation. Does the ‘expropriation have a valid purpose? ‘A No, because not everybody uses a recreational complex. B._ No, because it intends to benefit a private organization. C. Yes, itis in accord with the general welfare clause, D._ Yes, it serves the well-being of the local residents, 11. An example of a content based restraint on free speech is a regulation prescribing ‘A maximum tolerance of pro-government demonstrations. B. ano rally-no permit policy. C. when, where, and how lawlul assemblies are to be conducted, . calibrated responce to ralies that have become violent. 412. The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of ‘the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal ‘feeds from Asian countries. the challenge correct? A. Yes, the executive agreement is contrary to our existing domestic law. B. No, the Presidentis the sole organ of the government in external relations and all his actions as such form part ofthe law of the land. C. No, international agreements are sui generis which must stand indeperdently of our domestic laws. D. Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate. 13. Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for intative to amend the Constitution by shifting to a unicameral partiamentary form of ‘government. Assuming that the petiion has been signed by the required number of registered voters, wilt prosper? A. No, only Congress can exercise the power to amend the Constitution, B Yes, the people can substantially amend the Constitution by direct action. Yes, provided Congress concurs in the amendment. 1D. No, since they seek, not an amendment, but a revision, 14, The Comelec en banc cannot hear and decide a case at frst instance EXCEPT when A. a Division refers the case to it for direct action. B. the case involves purely administrative matter. ._ the inhibition of all the members ofa Division is sought. D._avelated case is pending betore the Supreme Cour en nc. Political Law [EE 15. Each of the Constitutional Commissions is expressly described as “independent,” exemplified by its ‘A. immunity from suit. B. fiscal autonomy. C. finality of action, D. collegiality. 16. There is double jeopardy when the dismissal ofthe first, is ‘A. made at the instance of the accused Invoking his right to fair tral made upon motion of the accused without objection from the prosecution. C._ made provisionally without objection from the accused. D. based on the objection of the accused to the ‘prosecution's motion to postpone tial. 47. The, missioner of Immigration, Mr. Suarez, Issued aan Office Order directing the top in chide fonder ‘courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez's acceplance of the same. Will the action prosper? ‘A. No, Director Sison tenderod his resignation and it was accepted, B. No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered. ©. Yes,for so long as no one has yet been appointed to replace him, Director Sison may stil withdraw his > resignation. ©) Yes, Director Sison merely complied with the order of "the head of office: the element of clear intestion to relinguish office is lacking. 18, An administrative rule that fixes rates is valid only when the Proposed rates are ‘A. published and filed with the UP Law Center. '@) ublened and hearings are conducted “C. published and posted in three public places. D. published and all stakeholders are pereonally notified. 19, The government sought to expropriate a parcel of land beionging to Y. The law provides thet, to get immediate possession of the land, the goverment must deposit the ‘equivalent of the tand's zonal value, The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court? ‘A. Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher. B. Both lew and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower. C. The law should’ prevail since the tight to just compensation is a substantive right that Congress has the power to define, D. The mules of court should prevail since jus! ‘compensation is a procedural matter subject to the rule making power of the Supreme Court,20. After X, a repe suspect, was apprised of his right to silence and to counsel, he told the investigators that he was walving his Tight to have his own counsel or to be provided one. He made bis waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver, Is the waver valid? ‘A. No, the waiver was not reduced in writing. B. Yes, the mere fact that the lawyer was a retired judge does not cas: doubt on his competence and independence. C. Yes, the waiver was made voluntarily, expressly, and with assistance of counsel D. No, a retired Judge is not a competent and independent counsel 21. Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, hie ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted? A. Yes, Governor Faloma’s reelection is an expression of the electorste's obedience to his wil B. No, Govemor Faloma's reelection cannot extinguish tis lability for malfeasance in office. C. No, Governor Paloma's reelection does not render ‘moot the administrative case already pending when he filed his certificate of candidgcy for his reelection bid _D. Yes, Governor Paloma’s reelection is an expression of the electorate’s restored trust. 22. The decision of the Regional Trial Court on appeals Pertaining to inclusions or exclusions from the list of voters, ‘A. is inappealable. B._{s subject to an action for annulment. C._may be brought straight to the Supreme Court. ©. is appeaiable to the Commission on Elections. 23. The equal protection clause allows valid classification of ‘subjects that applies ‘A. only to present conditions. B. so long asiit remains relevant to the government. CC. for alimited period only. . D._ for as tong as the problem to be corrected exists, 24, The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his ‘qualifications, competence, honesty, and efficiency. But A's ‘name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do? ‘A Request the JBC to consider adding A to the list, B. Decline to appoint from the ist ©. Appoint from the ist D._ Return the list to JBC. 25. Courts may still decide cases that have otherwise become ‘academic when they involve A the basic interest of people. B. petitions for habeas corpus. acts of the Chief Executive. D._ Presidential election protests. Political Law fi 28. The right of the State to prosecute crimes by available evidence must yield to the right of, ‘A. the accused against setf-incrimination. B. another State to extradite a fugitive trom justice, ._ the State to deport undesirable aliens. ._ the complainant to drop the case against the accused. 27. A temporary appointee to a public office who becomes a vil service eligible during his tenure A. loses his temporary appointment without prejudice to his re-appointment as permanent B._ has the right to demand conversion of his appointment to permanent. C. automatically becomes a permanent appointee. D. retains his temporary appointment. 28. Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President 'who questioned the same for being Violatve of the Constitution. I the President correct? ‘A. No, “initiated” means the Articles of Impeachment have been actually fled with the Senate for tial; this did not yet happen, B. No, the first complaint was not deemed initiated because it was originally filed with the Senate. Yes, the dismissal of the frst impeachment proceeding bars the initiation of another during the same term of the Fresident D. Yes, no impeachment proceeding can be fled against the President more than once within a year. 29. The Salicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency's lawyers can file the action, Is the Solicitor General correct? A. Yes, when he deems he cannot harmoniously and effectively work with the requesting agency. B. No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State, ©. Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent, D. No, the Solicitor General's duty to represent the government, its offices and officers is mandatory and absolute, 30. A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which A. must seek the concurrence of the other House before acting. B._ must hold an executive session to hear the department, secretary. C._ may altogether reject the initiative, D. must accept such initiates appearance.31. Thhe Metro Manila Development Authority (MMDA) passed a ru enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration Plates for the second. The MMDA issued this rule to Implement lew fat authorized t to suspend the licenses of drivers wie Violate traffic rules. s the MMDA rule valid? A. No, since the MMDA does not have rule-making power. B. Yes, itis a vaid exercise of the power of subordinate legislation. ©. Yes, it is an implicit consequence of the law upon which it acted, “Ds No, the rule goes beyond the sphere of the law. 32. Senator Bondoc wes charged with murder and detained at ‘the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity trom arrest es a Senator. How should the court uie on his moton? ‘A. Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions. B. Grant the moticn provided he posts bail since he is not fight risk, Grant the moticn so as not to deprive the people who elected him thet right to be represented in the Senate, . Deny the motion since immunity from arrest does not ‘ppl toa charge of murder, 33. X, an administrative officer in the Department of Justice, was charged with grave misconduct’ and preventvely Suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, ‘X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversea the Secretary's decision and the reversal became final and executory. What is the effect of X's exoneration? ‘A. X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal B. X is enfited to reinstatement and back salaries Corresponding only to the period of delay caused by those prosecuting the case against him. ©. Xis entited to reinstatement but not to back salaries ‘on ground of “damnum absque injuria.” D. Xi entitled to reinstatement and back salaries during his suspension pending eppeal, 34. Courts may cismiss a case on ground of mootness when ‘A the case is premature. B. petitioner lacks legal standing C. the questioned law has been repealed, D. the issue of valicty of law was net timely raised, 35. Alfredo was elected municipal mayor for 3 consecutive terms ‘Ouring his third teim, the municipality became a city, Alffedo ran for city mayor during the next. immediately Succeeding election, Voltare sought his disqualification ating the 3 term limit for elective officials, Will Voltaire's action Prosper? Political Law ‘A. No, the 3 term limit should not apply to a person who is ‘unning for a new position tte. B. Yes, the 3. term limit applies regardless of any voluntary or involuntary interruption in the ¢~ the local elective official. C. Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality. D. No, the 3 term limit should not apply to a t-nc! government unit that has assumed a - corporate existence. 36. In what scenario is an extensive search of moving vehides without warrant valid? ‘A. The police became suspicious on seeing something on the car's back seat covered with banket. B. The police suspected an unfenced lot covered by racks and bushes was planted to marijuana ©. The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor. D. The driver sped away in his car when the police flagged him down at a checkpoint. 97. Pre-prociamation controversies shall be heard ‘A. summarily without need of trial B. through tial by commissioner. ©. ex pate. D._ through speedy arbitration 38, When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to catty firearms outside the residence, the President exercises A. the power of control. B. the Commander-in-Chief power. C._ the poner of supervision, D. the calling out power. 39. Carlos, @ foreign national was charged with and convicted of @ serious crime in State X and sentenced to ife imprisonrsnt His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his fight under Article 36 of the Vienna Convention to be accorded iegal assistance by his govemment. State X, as signatory to the Vienna Convention, agreed to IC's compulsory jurisdiction over all cisputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation te provide consular notification to the foreign national's country, CJ also required State X to review and reconsider the life Sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the IGJ decision. What principle of international law did State X violate? Pacta Sunt Servanda Act of State Doctrine Protective Principle Jus Cogens: pom>40. An informer told the police that a Toyota Car with plate ABC 1134 would deliver an unspecified quantity of ecstacy in Forbes Park, Makati Cty. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw @ gun tucked on the driver's waist. The officer asked the driver to step out ard he did, When an officer looked inside the car, he saw many tablets strewn on the drivers seat, The driver admitted they were ecstacy. Is the search valid? A 8 c. D. No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police, Yes, the police officers had the duty to veriy the truth of the information they got and pursue it to the end, ‘Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun, No, police officers do net have unbridled discretion 10 ‘conduct a warrantless search of moving vehicles. 41. The Commission cn Elections is an independent body tasked to enforce all lave relative to the conduct of elections. Hence, it may A Pog Conduct two kinds of electoral count: @ slow but offical ‘count, and a quick but unofficial eount. ‘make an advarce and unofficial canvass of election Fetus through olectronie transmission. undertake a separate and unofficial tabulation of the resus of the election manuglly. authorize the ctizens arm to use election retums for ‘unofficial count, 42, The President may proclaim martial law over a particular Drovince subject to tevocetion or extension A Doe by Congress,subject to ratification by the Supreme Court. by the Supreme Court by Congress alone by Congress, upon recommendation of the respective ‘Sangguniang Paniatawigan. 43, During his incumbency, President Carlos shot to deeth one of his advisers during a Feated argument over a game of golf that they were playing. The deceased adviser’s family fled a case of homicide against President Carlos before the city Prosecutor's office. He moved to dismiss the case, invoking Presidential immunity from suit. Should the case be dismissed? A 8. c. . Yes, his immunty covers hie interactions with his official family, including the deceased adviser. ‘No, his immunity covers only work-related crimes, Yes, his Immunity nolds for the whole duration of his tenure. 'No, his immunity does not cover crimes involving moral turpitude. 44. The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her ‘school, The designation wes assailed on ground of nepotism. Is ‘such designation valid? No, because the law prohibits relatives from working within the same government unit. ‘Yes, because Maiia's position does not fall within the prohibition, No, because he mother is not the designating authority 45, The President's appointment of an acting secretary « Congress is in session fs, Political Law | D. No, because Maria is related to the supervising authority within the prohibited degree of consanguinity, A. woidable. B. valid CC. invalid. D. unenforceable, 46. Congress passed a bill appropriating P50. million in ‘assistance to locally based television stations subject to the: condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed condition. Was the veto valid? ‘A. Yes, since the vetoed condition may be separated from the item. B. Yes, the President's veto power is absolute. C. No, since the veto amounted to a suppression of the {freedom to communicate through television. 1D. No, since the approval of the item carried with it the ‘approval of the condition attached to it. Tague cxercne ot i power of legislative inquries and ight funotions, the House of Representatives or the Senate ‘may only ask questions ‘A. that the official celled is villing to answer. that are relevant to the proposed legislation. ©, towhich the witness gave his prior consent. D._ material to the subject of inquiry. 48. An ordinance prohibits “notorious street gang members" from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make airest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of “notorious street gang members." Is the ordinance valid? ‘A. No, it leaves the public uncertain as to what conduct it prohibits 8. No, since it discriminates between loitering in pubic Places and loitering in private places, ©. Yes, it provides fair waming to gang members prior to arrest rogarding their unlawful conduct. D. Yes, itis sufficiently clear for the public to know what acts it prohibits 49. The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called A teferendum, B. plebiscite. ©. initiative D. cettification,‘50, Whote a candidate forthe Senate stated in his certiicate of candidacy that he is single, when he is very much maried, though separated, his ertficate of cancidacy ‘A. may be canceled. B._ wil subject him te a quo warranto action, ©. remains valid. D._ may be denied due course, 51. A candidate wino commits vote buying on Election Day itself shall be prosecuted by the A. COMELEC. B. Secretary of Justice. €. alice and other law enforcement agencies. D._ Gity or Provincial Prosecutor. 52. Alew authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. Tne Secretary of Agriculture issued a Tegulation, imposing a penalty of imprisonment for 10 days. fon persons transporting quarantined animals without his permission. The regulation is, A) avalid exercise of the power of subordinate legislation. 8° invalid for being utra vires, C. avalid exercise of police power. D. invalid for being dscriminatayy. 53. Small-scale utlization of natural resources by Filipino citizens may be allowed by A. Congress. A. ither the Senate or the House of Reprecentatives, ‘A. the President. B._ the President with te consent of Congrass. 54. When the Chil Service Commission (CSC) approves the appointment of the Executive Director of the Land ‘Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs A. adiscretionary duly Bamix discretionary and ministerial duty + C. aministerial duty. D. arulemaking duty. 55. Xian and Yani ran for Congessman in the same district, During the canvassing, Yani objected tp several retums which he said were tampered with. The board of canvassers did not entertain Yan's objections for lack of authority to do so. Yani ‘questions the law prohibiting the fling of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, ‘without detinction. Is Yani correct? A. Yes, the Constitution grants jurisdiction to COMELEC. cn all pre-proclamation cases, without exception. + B. No, COMELEC's jurisdiction over pre-prociamation ‘cases pertains only to elections for regional, provincial, and city officals. ©. No, COMELEC's jurisdiction over pre-prociamation cases does not indude those that must be brought directly to the cours. D. Yes, any conflict between the law and the Constitution {elative to COMELEC's jurisdiction must be resolved in favor of the Constitution, Poltical teow 8. When the Supreme Court nullified the decisions of the military tribunal for tack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the ‘Supreme Court applied ‘A. the operative fact doctrine. B. the rule against double jeopardy. C. the doctrine of supervening event. D. the orthodox doctrine. 57. Accused X pleaded not guilty to the charge of homicide ‘against him. Since he -vas admitted to bail, they cert him notices to attend the hearings of his case. But he aid not show up, despite notice, in four successive hearings with>:” any justification. The prosecution moved to present evicirice in absentia but the court denied the motion on the ground that ‘i= accused has a right to be present at his trial. is the court correct? ‘A. No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his ‘absence was unjustified B. Yes, it remains discretionary on the court whether to conduct tial in absentia even if the accused had been arraigned and had notice and did not justify his absence, ©. Yes, itis within the court's discretion to determine how mary postponements it will grant the accused before ‘tying him in absentia. 1D. No, the court may reject trial in absentia o: grounds of fraud, accident, mistake, or excusable negligence. 58, Following COMELEC Chairman Bocay's conviction for s of gorruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, 28 charged. Can he get Presidential pardon on the plunce: .<°60. The COMELEC en banc shall decide a motion for reconsideration of ‘A. the House or Rearesentatives and the Senate electoral ‘uibunals, B. the decision of the election registrar. C. the decision of the COMELEC division involving an election protest. 1D. its own decision involving an election protest, 61. Adela served as Mayor of Kasim for 2 consecutive terms. ‘On her third term, COMEWEC ousted her in an election protest that Guci, her opponent, fied against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall-election against him. Adela won and served as Mayor for Gudis Femaining term. Can Adela run again for Mayor in the next ‘succeeding election without violating the 3 term limit? ‘A. No, she won the regular mayoralty election for two ‘consecutive terms and the recall election constitutes her third term, B. A No, she already won the mayoralty election for 3 consecutive terms. ‘Yes, her ouster ftom office in her third term interrupted the continuity of her service as mayor. D. Yes, the fresh mandata given her during the recall election erased her disqualification for a third term, 82, A child born in the United States fo a Filipino mother and an American father is ‘A. a Filipino citizen ty election. B. a repatiated Filipino citizen. €. a dual citizen 1D. @natural bom Filipino citizen, 63. Involuntary servitude may be required as Apart of rehabilitation of one duly charged with a crime. B. Substitute penalty for one who has been duly tried for a crime. ©. punishment for = crime where one has been duly convicted, . condition precedent to one's valid arraignment. 64, Van sought to cisquality Manresa as congresswoman of the third district of Manila on the ground that the latter is a ‘greencard holder. By the time the case was decided against Manresa, she had already served her full term as Congresswoman. What was Manresa's status during her Incumbency as congressweman? ‘A. She was a de jure officer, having been duly elected B. She was not a public officer because she had no valid existing public office. ©. She was a de jure officer since she completed her term before she was disqualified, D. She was a de facto officer since she was elected, served, arid her disqualification only came later. 65. Whose appointment is NOT subject to confirmation by the ‘Commission on Appointments? Chairman of the Civil Service Commission Chief Justice of the Supreme Court Chief of Steff of the Armed Forces of the Philippines Executive Secretary poep Potiticat tow [i 6, The system of checks and balances operates when A. the President nulifies @ conviction in @ criminal case by ppardoning the offender. B. Congress increases the budget proposal of tho President. ©. the President does not release the countryside development funds to members of Congress. ©. Congress expands the appellate Jurisdiction cf the ‘Supreme Cour, es defined by the Constitution, 67. The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of ‘A. power of subordinate legislation, 8. emergency power. C. police power. D. residual power. 68. Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President stil appoint Justice A's successor? A. No, it will Violate the Constitulional prohibition against midnight appointments. B. Yes, vacancies in the Supreme Court chould be filed within 90 days trom occurrence of the vacancy. . Yes, vacancies in the Supreme Court should be fled within 90 days from submission of JBC nominees to the President. ._ No, the incumbent President must yield o the choice of the next President 69, The President may set a limit on the country's import quote inthe exercise of his ‘A delegated power. B. concurring power. residual power. D. inherent power. 70. Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was Not involved in any pending case before the court. Acting on the cortfication, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1's tite. Amor filed 2 damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming hhe was not yet the Clerk of Court when Amor filed his action, Decide. A Aly. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. B. Atty. Crispin’s defense is invalid since he issued his certification recKessly without checking the facts, ©. Atty. Crispin’s defense is valid since he was unaware of the pendency of the case. D. As Cierk of Court, Ally. Crispin enjoys sbsolute immunity trom suit for acts relating to his work74. The Housing and Lend Use Regulatory Board (HLURB) found At mes, Inc. lable in damages arising from its delayed release of the fite to the house and lot that it sold to Josephine. Atiantic appealed to the Office of the President which tendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision cf the Office of the President for not stating the facts and the law ‘on wiict itis based. Is the challenge correct? A. No, the Office of the President is govemed by its own rules respecting review of cases appealed tot. B. Yes, the decisior of the Office of the President must contain its own crafted factual findings and legal conclusions. ©.. Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate. 'No, the Office of the President is not prectudad from adopting the factual findings and legat conclusions contained in the FLURB decision, 72. Aclision occurred involving a passenger jeepney driven by Leonardo, @ cargo truck criven by Joseph, and a dump truck ‘driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the colision, 3 passengers of the jeepney died. Their families fled @ complaint for damages against Joseph who in tum filed a third party complaint against the City of Cebu and Lauro. Is the Cily of Cebu liable for the tort committed by ils employee? ‘A. The City of Cebu is not liable because its employee was engaged in the discharge of @ governmental function. 8. The City of Cebu is lable for the tort committed by its employee while in the discharge of a non- ‘governmental function. ©. The City of Cebu is lable in accord with the precept of respondeat superior. D. The City of Cebu is not liable as a consequence of its rron-suitabilty. 73. During promulgation of sentance, the presence of the accused is mandatory but he may appear by counsel or representative when A. he is charged witha light offense. B. he was able to cross-examine the prosecution's witnesses. C. he waives his rightto be present, D._ he is convicted of ¢ bailable offense. 74. An information for murder was filed against X. After examining the case records forwarded to him by the Prosecution, the trial judge granted bail to X based on the Prosecutions manifestation that it was not objecting to the grant ‘of bail Is the tial judge correct? A. Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to hie. B. No, the trial judge should have held a heating to ascertain the qualiy of the evidence of guilt that the prosecution had against X. C._No, the trial judge should have conducted @ hearing to ‘ascertain first whether of not X was validly arrested Polifical Law: [i] D. Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had ne objection to the grant of bail, 78. The President CANNOT call out the military A. to enforce customs laws. B. to secure shopping malls against terrorists, €. to arrest persons commiting rebellion. 0. toraid a suspected haven of lawiess elements. 76. Mass media in the Phiippines may be owned and managed oy corporations wholly owned and managed by Fillpinos. ‘corporations 60% owned by Filipinos. corporations wholly owned by Filipinos, corporations 60% owned and managed by Filipinos, 77. Procedural due process in administrative proceedings ‘A. requires the tribunal presented, B. allows the losing party to file a motion for reconsideration, C. requires hearing the parties on oral argument. 1. permits the parties to file memoranda. Pop> to consider the evidence 78. The Constitution prohibits cruel and inhuman punishments wich involve ‘A torture or lingering suffering, 5. primitive and gross penalties. C._ unusual penal methods, D. degrading and queer penalties. 78. Judge Lioyd was charged with serious misconduct before the Supreme Court The Court found him guilty and ordered him = dismissed. Believing that the decision was not immediately executory, he decided @ case that had been submitted for resolution. The decision became final and executory. But the losing party filed a cervorar| action with the Court of Appeals ‘Seeking to annul the wit of execution issued in the case and bar Judge Lleyd from further acting as judge. Can the relief against Judge Lloyd be granted? A. No, Judge Lioyets right to stay as judge may be challenged only by direct proceeding, not collaterally. 8. Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals, land decided by it ©. Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certoran action. 1D. No, the losing party has no standing to challenge Judge Lloyds right to stay as judge80. Executive Secretary Chua issued an order probibiting the holding of rales along Menciola because it hampers the traffic flow to Maiacanang. A group of militants questioned the order for being unconstitutonal and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity fron suit claiming that the state cannot be sued without its consent Is the claim correct? ‘No, pubic officers may be sued to restrain him from ‘enforcing an act claimed to be unconstitutional. Yes, the order was not 2 proprietary act of the government. ©. No, only the president may raise the defense of irmmunity from suit. D. Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office. P 81, Anton was the duly elected Mayor of Tunawi in the local lections of 2004. He got 51% of all the votes cast. Fourteen ‘months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMIELEC approved the petition and set @ date for its signing by other qualified voters in order to garner at least 25% of the total number of registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton? ‘A. No, the petition, though iniiated by just one person, may be ratified by at least 25% of the total number of registered voters. B. No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local élections, ©. Yes, the petition should be initiated by at least 25% of the total _number of registered voters who actually voted during the 2004 local elections. D. Yes, the petition should be initiated by at least 25% of the total number of registered voters of Tunawi 82. Using the doscription of the supplier of shabu given by Persons who had been airested eartier for selling it, the police ‘conducted a surveillance of the area indicated. When they saw ‘a man who fitted the description walking from the apartment 10 fis car, they approached and frisked him and he aid net object. ‘The search yielded an unicensed gun tucked on his waist and ‘shabu in his car. Is the search valid? ‘A. No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him, B. Yes, the police acted on reliable information which proved correct when they searched the man and his, car. ©. Yes, the man should be deemed to have waived his ‘ight to challenge the search when he failed to object to the trisking. D. No, ‘reliable information alone, absent any proof beyond reasonable doubt that the man was actually ‘committing an offense, will not validate the search, 83. A law interfering with the rights of the person meets the requirements of substantive due process when ‘A. the means employedis not against public policy B. it is in accord with the prescribed manner of enforcement as to time, place, and person, C. all affected parties are given the chance to be heard, Poltical taw . the interest of the general public, as distinguished from those of a particular case, requires such interference 84. A judge of the Regional Trial Court derives his powers and duties from A statute. B. the President, the appointing power. C. Supreme Court issuances. D._ the rules of court. 185. When an elective official's preventive suspension will resuit in depriving his constituents of his services or representation, the court may ‘A. require the investigating body to expedite the investigation, ; B. heidin abeyance the period of such suspension. ©. direct the holding of an election to fll up the temporary vacancy, D._ shorten the period of such suspension. 86. When the State requires private cemeteries to reserve 10% Of their lots for burial ofthe poor, it exercises its ‘A. eminent domain power. B. zoning power. C._ police power. 1D. taxing power 87. In the valid exercise of management prerogative consistent with the company's right to protect its economia interest, it may prohibit its employees From A. joining ralies during their work shift. B._ marrying employees of competitor companies. C. publicly converging with patrons of competitor ‘companies. D._ patronizing the product of competitor companies, 58. The President issued an executive order directing all department heads to secure his consent before agreeing to ‘appear during question hour before Congress on matters Pertaining to their departments. Is the executive order Unconstitutional for suppressing information of putiic concern? ‘A No, because those department heads are his alter egos and he is but exercising his right against self- incrimination, B. Yes, the President cannot contro! the initiative of the department heads to conform with the oversight function of Congress. C. Yes, the President cannot withhold consent to the initiative of his department heads as it will vioaie the principle of check and balance. D._ No, the President has the power to withhold consent to ‘appearance by his department heads during question hour “ 89. When the President contracted a personal loan during his incumbency, he may be sued for sum of money during his term of office. during his tenure of office, after is term of office. after his tenure of office. pop90. The Senate Blue Ritbon Committge summoned X, a former department secretary, to shed light on his alleged ilict acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee fiom proceeding with its investigation because of & Pending criminal case against him before the Sandiganbayan {or il-gotten wealth invobing the same properties. Decide. The investigation may ‘A. not be restrained on ground of separation of powers. B. be restrained on ground of prejudicial question not be restrained on ground of presumed validity of legislative action. D. be restrained for being subjucice. 91. A goverment that actually exercises power and control as ‘opposed to the true and lawful govemment is in terms of legitimacy ‘A. agovernment of force. B.aninterim goverment. ©. defacto government. 1D. anillegitimate gevernment. ©2. The Special Committee on Naturalization is headed by A. the Secretary of Justice. B._ the Secretary of Foreign Affairs. ©. the National Security Adviser (0. the Solicitor General 93. The President issued Proclamation 9517 declaring a state of emergency anc calling the armed forces to immediately cary out necessary measures to suppress terrorism and lawess Violence. In the same proclamation, he directed the governments temporary takeover of the operations of all Privately owned communication utlties, presenibing reasonable terms for the takeover, Is te takeover valid? ‘A. Yes, itis an implied power flowing from the President's exercise of emergency power. No, itis a power teserved for Congress alone. ‘Yes, subject to raiffcation by Ci No, itis a power exclusively reserved for the People’s direct action, pop 84, A candidate for Senator must be atleast 35 years old on A. the day he is duly proclaimed. B. the day the elections held. ©. the day he files his certificate of eanckdacy, D. the day he takes his oath of office, 85, The Office of the Special Prosecutor may file an information ‘against a public officer for graft ‘A. on its own initiative subject to withdrawal of the information by the Ombudsman, 8. independently of the Ombudsman, except in plunder cases. C. only when authorized by the Ombudsman. D._ independently of the Ombudsman. Political Lev 96. Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President ‘appointed W to that position without submiting his appointment to the Commission on Appointments for confirmation. Is W's ‘appointment by the President valid? ‘A. No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress. B. Yes, since the power to appoint in the gove:r:+=>~' not lodged elsewhere, belongs to the Pre Chief Executive, ©. Yes, since the power to fil up all government positions: mentioned in the Constitution jias been lodged in the President, D. No, because absent any express authority under the Constitution, the power to appoint does not exist. 97. The Chief Justice appointed X, the President's sister, as Assistant Court Administrator in the Supreme Court during the President's tenure, Ciaiming that the Constitution prohibits the ‘appointment in government of a President's relative, a taxpayer ‘asks for its nulification, Will the challenge prosper? ‘A. Yes, since the appointment essentially violates the law against nepotism, B. Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government. ©. No, X's appointment, although .in the government, is ‘ot in the Executive Department that the President heads, . No, the position to which X wes appointed is not ‘among those prohibited under the Constitution 98. May an incumbent Justice of the Supreme Court be disbarred as a lawyer? ‘A. No, itwill amount to removal B. No, his membership in the bar is secure, C._ Yes, by the Supreme Court itself 1D. Yes, by Congress in joint session. 99. Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. Stil, she Continued to act as mayor of Casidsid without collecting her ‘salaries as such. When she lot the election and 2 new mayor assumed ofice, she filed an action to collect the salaries she cid ot get while serving as mayor even when she ran for ccongresswoman. Is het action correct? ‘A. No, salaries can be waived and she waived them, B. No, because her acts as de facto officer ate void insofar as ehe is concerned. ©. Yes, public policy demands that a de facto officer enjoy the same rights of a de jure officer. D. A Yes, itis but just that she be paid for the service she rendered100. X, a Filipino and ¥, an American, both teach at the Intemational Institute in Nanila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per hour plus housing, ‘transportation, shipping ocsts, and leave travel allowance. The ‘school cited the dislocation factor and limited tenure of Y to justify his high salary rate and addiiénal benefits. The same Package was given to the other foreign teachers. The Filipino ‘teachers assailed such differential treatment, claiming it is discriminatory and violates the equal protection clause. Decide A B G D. ‘The classification is based on superficial differences. The classification undermines the “Filipina First" policy, The distinction is fair considering the burden of teaching abroad. The distinction is substantial and uniformly applied to ‘each class. Pottical tow BB]II TAXATION 4. A municipality may levy an annual ad valorem tax on real property such as, land, building, machinery, and other Improvement only it ‘A. the real property is within the Metropolitan Manila Area. the reai property is located inthe municipality. C. the DILG authorizes itto do so. D._ the powers delegated tot by the province. 2, Anne Lapada, a student activist, wants to impugn the validity of a tax on text messages. Aside from claiming that the law adversely affects her since she sends messages by text, what may she allege that would strengthen her claim to the right to file a taxpayers suit? 2 ‘A. That she is enttlec to the return of the taxes collected {rom her in case the court nulfies the tax measure. B. That tx money is being extracted and spent in violation of the constitutionally guaranteed right to freedom of communication, “That she is fling the case in behalf of a substantial umber of taxpayers. D. That text messages are an important part of the lives of, the people she represents. 3, There is no taxable income until such income is recognized. ‘Taxable income is recognized when thé ‘A. taxpayer fails to include the income in his income tax. fetum, B. income has been actually received in money or its equivalent. ©. Income has been received, either actually or ‘constructively. D. transaction that is the source of the income is ‘consummated 4. Keyrand, Inc., a Philippine corporation, sold through the local stock exchange 10,000 PLDT shares that it bought 2 years ago. Keyrand sold the shares for 2 million and realized a net gain of, 200,000.00, How shall it pay tax on the transaction? A It shall dectare a P2 milion gross income in its income, tax return, deducting its cost of acquisition as an expense, It shall report the P200,000.00 in its corporate income tax return adjusted ay the holding period. CW shail pay 5% tax on tie first P100,000.00 of the 200,000.00 and 10% tax on the remeining 100,000.00. D. It shall pay a tax of one-half of 1% of the P2 milion ‘gross sales. 5. Amaretto, Inc., imported 100 cases of Marula wine from South Aftica. The shipment was essessed duties and value- added taxes of P300,000 which Amaretto, Inc. immediately paid. The Bureau of Customs did not, however, issue the release papers of the shipment yet since the Food and Drug ‘Administration (FDA) needed to test the suitability of the wine for human consumption. Is she Bureau of Customs at fault for refusing to release the shipment ust as yet? Toxation’ BEA ‘A. Yes, because the importation was already terminated 28 a result ofthe payment of the taxes due, 8. Yes, the Bureau of Customs is estooped from holding the release of the shipment after receiving th payment. ©. No, ifthe amount paid as duties and value-added tax. ‘due on the importation was insufficient. D. No, because the Bureau of Customs has not yer issued the legal permit for withdrawal pending ts FDA's findings. & Which theory in taxation states that without taxes, a government would be paralyzed for lack of power to activate and operate it, resulting in its destruction? A. Power to destroy theory B._Lifeblood theory C. Sumptuary theory D. Symbiotic doctrine 7, The spouses Helena and Federico wanted to donate a parcel of land to their son Dondon who is getting married in December, 2011. The parce! of land has a zonal valuation of 420,000.00. ‘What is the mest efficient mode of donating the property? A. The spouses should first donate in 2011 a portion of the property valued at P20,000.00 then spread the £P400,000.00 equally for 2012, 2013, 2014 and 2015. B. Spread the donation over @ period of 5 years by the ‘spouses donating P100,000,00 each year from 2011 to 2015. ©. The spouses should each donate 2 P110,000.00 portion of the value of the property in 2011 then each should donate P 100,000.00 in 2012. D. The spouses should each donate a 100,000.00 portion of the value of the property in 2011, and ‘another P100,000.00 each in 2012. Then, in 2013, Helena should donate the remaining P20,000,00. 8. Mia, @ compensation income eamer, fied her income tax return for the taxable year 2007 on March 30, 2008. On May 20, 201%, Mia received an assessment notice and letter of demand ‘covering the taxable year 2007 but the postmark on the envelope shows April 10, 2011. Her return is not a false and fraudulent return. Can Mia raise the defense of prescription? ‘A. No. The 3 year prescriptive period started to run on ‘April 15, 2008, hence, it has not yet expired on April 10, 2011 B. Yes. The 3 year prescripive period started to run on ‘Apt 18, 2008, hence, it had already expired by May 20, 2011. ©. No. The prescriptive period started to run on March 30, 2008, hence, the 3 year period expired on Apr! 10, 2011 1. Yes. Since the 3-year prescriptive period started to run ‘on March 30, 2008, it already expired by May 20, 2011 9. Double taxation in its general sense means taxing the same ‘subject twice during the same taxing period. In this sense, double taxation violates substantive due process. does not violate substantive due process, Violates the right to equal protection. does not violate the right to equal protection, pomp10. The payor of passive income subject to final tax is required to withhold the tax from the payment due the recipient. The withholding of the tax has the effect of A. afinal settlement of the tax lability on the income, B. a crecit from the recipient's income tax liablty. C._consummating the transaction resulting in an income. D. a deduction in the recipient's income tax return 14. Guidant Resources Corporation, a corporation registered in Norway, has a 50 MW electric power plant in San Jose, Batangas. Aside from Guidant’s income from its power plant, ‘which among the following is considered as part of its income from sources within the Philippines? ‘A. Gains from the sale to an llocos Norte power plant of ‘generators bought from the United States. B. Interests eatnec on its dollar deposits in a Philippine ‘bank under the Expanded Foreign Currency Deposit System. ©. Dividends from a two-year old Norwegian subsidiary ‘with operations in Zambia but derives 60% of its gross income from the Philippines. D. Royalties trom the use in Brazil of generator sets ‘designed in the Philippines by its engineers, 12. Tong Siok, a Chinese billionaire and @ Canadian resident, died and left assets in China valued at P80 billion and in the Philippines assets valued at P20 bjllon. For Philippine estate tax purposes the allowaile deductions for expenses, losses, indebtedness, and taxes, oroperty previously taxed, transfers for public use, and the share of his surviving spouse in their conjugal partnership amounted to P15 billion. Tong's gross estate for Philippine estate tax purposes is A. P20 billion, B. PS billion, C. P100 billion. D. P85 bition, 13, Anktryd, Inc., bought @ patcel of land in 2009 for P7 million 2 part ofits inventory of real properties. In 2010, it sold the land for P12 milion which was its zonal valuation. In the same year, it incurred a loss of P6 milion for selling another parcel of land in its inventory. These were the only transactions it had in its ‘eal estate business. Which of the following is the applicable tax treatment? ‘A. Anktryd shall be eubject toa tax. of 6% of P12 millon, B. Anktiyd could deduct its PS million loss from its PS milion gain. ©. Anktryd's gain of PS milion shall be subject to the holding period. ©. Anktry P38 milion. It did not dectare dividends for 2009 and. 2010. And it has no proposed capital expenditures for 2011 =r 2 the immediate future. May Spratz be subject to the improp:. ‘accumulated tax on its retained profits for 2008 and 20107 A. Yes, since the accumulated amounts are reasonable for operations in relation to what it usually needed annually B. Yes, since the accumulation is not reasonably necessary for the immediate needs of the business. ©. No, because there is no showing that the taxpayer's 2009 and 200 net profit before tax exceeded its palc- Up capital. D. No, because the taxpayer is not shown to be a Publidy-isted corporation, a bank, or an insurance ‘company, 16. The actual effort exerted by the government to effect the cexaction of what is due from the taxpayer ie known as ‘A. assessment, B ley, C._ payment. D. collection 17. Although the power of taxation is basically legislative in character, itis NOT the function af Congress to ‘A. fox with certainty the amount of taxes. B. collect the tax levied under the law. C. identify who should collect the tax. . determine who should be subject to the tax. 18. Pessive income includes income derived from an activity in Which the eamer does not have any substantial participation, This type of income is A. usually subject to a final tox. 8. exempt from income taxation. CC. taxable only if eamed by a citizen. D. included in the income tax return. 49. In 2010, Juliet Ubod earned P500,000.00 as income from her beauty parlor and received P250,000.00 as Christmas gift {rom her spinster aunt. She had no other receipts for the year. ‘She spent P150,000.00 for the operation of her beauty parlor. For tax purposes, her gross income for 2010s, ‘A P750,000.00, B. 500,000.00, ©. 350,000.00, s 5. 600,000.00. 20. Exempted from donor's taxation are gifts made ‘A. for the use of the barangay. Bin consideration of marriage. toa school which is a stock corporation. D. toa for-profit government corporation,21, Federico, a Filipino ctizen, migrated to the United States some six years ago and got a permanent resident status or creen card. He should pay his Philippine income taxes on A, fain trie Bante cain Lh Jewelry he purchased in the Philippines. a a ene by his father who died recently. 0 eee SE woes Yi seg a air asa hae eas oe, ts SET cot po ie ft eee atta oe a emesis 22. An example of a tax where the concept of progressivity finds | application is the ‘A. income tax on indviduals. B. excise tax on petroleum products. C. Value-added tax on certain artices. D. amusement tax on boxing exhibitions. 23. A corporation may change its taxable year to calendar of fiscal year in fling ts annual income tax return, provided ‘Ait seeks prior BIR approval of its proposed change in ‘accounting period a 8. itsimultaneously seeks BIR approval of its new ‘accounting period, C. it'should change tts accounting period two years prior i to changing its taxable year. D. its constitution and by-laws authorizes the change. 24. What is the tule on the taxablity of income that Government educational institution derives ffom iis school | operations? such income is ‘A. subject to 10% tax on its net taxable income as if itis @ proprietary educatonal institution. B. Exempt from income taxation if itis actually, directly, land exclusively used for educational purposes. ©. subject to the ordinary income tax rates with respect to incomes derived from educational activities, . Exempt from income taxation in the same manner as ‘government-owned and controlled corporations. 25. Which among the following reduces the gross estate (not the net estate) of a citizen of the Philippines for purposes of estate taxation? A. Transfers for public use B. Property previously taxed . Standard deduction of P1 milion D. Capital of the surviving spouse 28. ka Pedring Matbag, a sole proprietor, buys and sells “kumot ‘at kulambo* beth of which are subject to value-added tax. Since he is using the calendar year as his taxable year, his taxable Quarters enc on the last day of March, June, September, and December. When should protest, Spantlex stil has not elevated the matter to the CTA ‘What remedy, if any, can Spanflex take? ‘A. Itmay file a motion to admit appeatif it could prove that its failure to appeal wes due to the negligance of counsel, B._ It may no longer appeai since there Is ne BIR decision ‘rom which it could appeal. ©. It may wait for the final decision of the BIR on his protest and appeal it to the CTA within 30 days from receipt of such decision. . None. tts right to appeal to the CTA has presctibed, 37. Gerardo died on July 31, 2011. His estate tax retum should be filed within ‘A six months from filing of the notice of death, B. sixty days from the appointment of an administrator. . six months from the time he died on July 31, 2041. ._ sixty days from the time he died on July 31, 2011 38. Income from dealings in property (real, personel, or mixed) is the gain or oss derived ‘A. only from the cash sales of property. B._ from cash and gratuitous receipts of property. C._ from sale and lease of property D. only from the sale of property. 38. In March 2009, Tonette, who is fond of jewelries, bought @ diamond ring for P750,000,00, 2 bracelet for P250,000.00, 2 necklace for P500,000.00, and a brooch for P500,000.00. ‘Tonette derives income from the exercise of her profession as @ licensed CPA. In October 2008, Tonette sold her diamond ring. bracelet, and necitace for only 1.25 milion incurring a loss of 250,000.00. She used the P1.25 million to buy a solo diamond fing in November 2009 which she sold for P15 millon in September 2010, Tonette had no other transaction in jewelry in 2010. Which among the following describes the tax implications {arising from the above transactions? ‘A. Tonette may deduct his 2009 loss only from her 2000 Professional income. B. Tonette may carry over and deduct her 2008 toes only from her 2010 gain ©. Tonette may carry over and deduct her 2009 loss from D. her 2010 professional income as well as from her gain. Tonette may not deduct her 2009 loss from both her 2010 professional income end her gain,40. Anion, Inc. received a notice of assessment and a letter from the BIR demandirg the payment of P3 milion pesos in deficiency income taxes for the taxable year 2008. The financial statements of the comzany show that it has been suffering financial reverses from the year 2009 up to the present. its asset position shows thet it could pay only P500,000.00 which it ‘offered as a compromise to the BIR. Which among the following ‘may the BIR require to enable it to enter into @ compromise with Anion, Inc.? ‘A. Anion must show it has faithfully paid taxes before 2008, B. Anion must promise to pay its deficiency when financially able. ©. Anion must waive its right to the secrecy of its bank deposits. D. Anion must immediately deposit the P500,000.00 with the BIR, 41. Real property owned by the national government is exempt ‘rom real property taxation unless the national government ‘A. transfers for the use of a local government unit. B. leases the real property to a business establishment. C. gratuitously allows its use for educational purposes by D. 2 School established for profit. sells the property to a government-owned non-profit ‘corporation, 42. Dondon and Helena were legall} separated. They had six minor children, all qualified to be claimed as. additional ‘exemptions for income tax purposes. The court awarded custody of two of the chikiren to Dondon and three to Helena, vwith Dondon directed to provide fll inanctal support for them as well, The court awarded the 6th child to Dondon’s father with Dondon also providing ful financial support. Assuming that only Dondon is gainfuly employed while Helena is not, for how many children could Dendon calm additional exemptions when he files his income tax return? A. Six children, B. Five children, ©. Three children. D. Two children, 43, Political campaign contributions are NOT deductible from ‘gfoss income A. if they are not reported to the Commission on Elections, . 8. ifthe candidate supported wins the election because of possible corruption. C._ since they do net relp earn the income from which they are to be deducted. D. since such amounts are not considered as income of the candidate to whom given 44, When a BIR decision affirming an assessment is appealed to the GTA, ‘the BIR's power to garish the taxpayers bank deposits ‘A's suspended to await the finality of such decision, 8. is suspended given that the CTA can reverse BIR decisions when prejudicial to the taxpayer. €. Is not suspended because only final decisions of the BIR are subject to appeal, D. is not suspended since the continued existence of ‘government depends on tax revenues, Taxation fj 45. Real property taxes should not disregard increases in the Value of real property cccurring over a long period of time. To do ‘otherwise would violate the canon of a sound tax system relerredto as A. theoretical justice. B. fiscal adequacy, C. administrative feasibitty. D. symbiotic relationship, 48, The power to tax is the power to destroy. Ie this always 30? ‘A. No. The Executive Branch may decice not to enforce a tax law which it believes to be confiscatory. B. Yes. The tax collectors should enforce a tax lew even if It resutts to the destruction of the property rights of a taxpayer. ©. Yes, Tax iaws should always be enforced because without taxes the very existence of the State is endangered, D. No. The Supreme Court may nullfy a tax law, hence, Property rights are not affected, 4T. Jeopardy assessment is a valid ground to compromise a tax liability ‘A. involving deficiency income taxes only, but not for other taxes, B, because of doubt as to the validity of the assessment. C. ifthe compromise amount does not exceed 10% of the basic tax. D. only when there is an approval of the National Evaluation Board. 48. Zygomite Minerals, Ine, 2 corporation registered and holding office in Australia, not operating in the Philippines, may bbe subject to Philippine income taxation on ‘A. gains it derived trom sale in Australia of an ore crusher it bought from the Philippines with the proceeds ‘converted to pesos. ‘ins it derived from sale in Australia of shares of stock of Philex Mining Corporation, a Philippine corporation. ©. dividends earned trom investment in 2 foreign Corporation that derived 40% of its gross income from Philippine sources. D. interests derived from its dollar deposits in a Philippine bank under the Expanded Foroign Currency Deposit Systom, 49. As @ general rule, within what period must a taxpayer elevate to the Court of Tax Appeals e denial of his application {or refund of income tax overpayment? A. Within 30 days from receipt of the Commissioner's denial of his application for refund. 5. Within 30 days from receipt of the denial which must nol exceed 2 years from payment of income tax. ©. Within 2 years from payment of the income taxes sought to be refunded. D. Within 30 days from receipt of the denial or within two years from payment.50. After the province has constructed a barangay road, the Sangguniang Panglalawigan may impose a special levy upon. the lands specifically benefitted by the road up to an amount not to exceed ‘A. 60% of the actual cost of the road without giving any ‘portion to the barangay. B. 100% of the actual project cost without giving any portion to the barangay. C. 100% of the actial project cost, keeping 60% for the province and giving 40% to the barangay. D. 60% of the actual cost, dividing the same between the Province and the barangay. 51. Celia donated P110,000.00 to her friend Victoria who was geting martied. Celia gave no other gift during the calendar year. What is the donors tax implication on Celia's donation? ‘A. The P'100,000.09 portion of the donation is exempt ‘since given in consideration of marriage, ‘AP10,000.00 portion of the donation is exempt being a ‘donation in consideration of marriage. Celia shall pay @ 30% donors tax on the P110,000.00, donation. ‘The P'100,000.00 portion of the donation is exempt Lnder the rate schedule for donor's tax. So @ 52. Levox Corporation wanted to donate PS milion ae prize money for the world protessional bjliard championship to be held in the Philippines. Since the Bifiard Sports Confederation Of the Philippines does rot recognize the event, it was held Under the auspices of the Internetional Professional Billiards Association, Inc. Is Levox subject to the donors tax on its donation? ‘A. No, so long as the donated money goes irectly to the ‘winners and not through the association B. Yes, since the national sports association for billiards ‘does not sanction the event. ©. No, because itis donated as prize for an international ‘competition under the billiards association, D. Yes, but only that part that exceeds the first 100,000.00 of total Levox donations for the calendar vyear. ‘83. Aviclation of the tarif end customs laws isthe failure to ‘A. pay the customs duties and taxes and to comply with the rules on customs procedures, B. pay the customs cuties and taxes or to comply with the rules on customs procedures. C. pay the customs duties and taxes. D. comply with the rules on customs procedures, 54, What is the effect on the tax liability of a taxpayer who does rot protest an assessment ‘or deficiency taxes? ‘A. The taxpayer may appeal his liability to the CTA since the assessment isa final decision of the Commissioner con the matter. B. The BIR could aready enforce the collection of the taxpayer's lability if it could secure authority from the CTA ©. The taxpayers liability becomes fixed and subject to collection as the assessment becomes final and collectible. D. The taxpayer's liability remains suspended for 180, days from the expration of the period to protest, Taxation & 55. A non-stock nomprofit school always had cash Sow Problems, resulting in failure to recruit well-trained administrative personnel to effectively manage the school. In 2010, Don Leon donated P100 milion pesos to the provided the money shall be used sclely for paying the sa'>./-- wages, and benefits of administrative personnel. The donation ‘epresents fess than 10% of Don Leon's taxable income for the year. Is he subject to donor's taxes? Som > No, since the donation is actually, direct; exclusively used for educational purposes. ‘Yes, because the donation is to be wholly used for edministration purposes. Yes, since he did not obtain the requisite NGO certification before he made the donation. No, bacause the donation does not exceed 10% of his, taxable income for 2010. 58. What fe the tax base for the imposition by the province of professional taxes? A B c. D. That which Congress determined, ‘The pertinent provision of the locel Government Code, ‘The reasonable classification made by the provincial ‘sanggurian. ‘That which the Dept. of Interior and Local Govemment determined. 57. There is prima facie evidence of a false or fraudulent return where the A 8 c. 58. The proceeds received under @ tax return was amended after a notice of assessment was issued. tax return was filed beyond the reglementary period. taxpayer changed his address without noifying the BIR, deductions claimed exceed by 30% the actual deductions. insurance endowment contract is NOT considered part of gross income: A 8. ic D. ifitis so stated inthe life insurance endowment policy. if the price for the endowment policy was not fully paid. Where payment is made as a result of the death of the insured. « ‘where the beneficiary was not the one who took out the endowment contract 58. The excess of allowable deductions over gross income of the business in a taxabie yearis known as pomp net operating loss. ordinary loss, ret deductible loss, NoLco,60. No action shall be taken by the BIR on the taxpayers I ‘disputed issues until the texpayer has paid the deficiency taxes ‘A. when the assessment was issued against a false and steno me 1 Fe tsp ty nin Zier ace een ramey J © Searels nme notice, 61. Is an article previously exported from the Philippines subject to the payment of customs duties? ‘A. Yes, because all articles that are imported from any foreign country are subject to duty. B. No, because there is no basis for imposing duties on articles previously exported from the Philippines. ©. Yes, because exemptions are strictly construed against the importer who is the taxpayer. D. No, if Its covered by a certificate of identification and has not been improved in value. 62. Prior to the enactment of the Local Government Code, consumer's cooperatives registered under the Cooperative. Development Act enjoyed exemption from all taxes imposed by @ loca! government. With the Local Government Code’s withdrewal of exemptions, could thesg cooperatives continue to | ‘enjoy such exemption? A. Yes, because the Local Government Code, a general law, could not amend a special law such as the Cooperative Development Act, B. No, Congress has not by the majority vote of all its members granted exemption to consumers cooperatives. ©. No, the exemption has been withdrawn to level the Playing field for all taxpayers and preserve the LGUs! financial position, D. Yes, their exemption is specifically mentioned among those not withdrawn by the Local Government Code. 63. Under the Tariff and Customs Code, abandoned imported ariices becomes the property of the ‘A. government whatever be the circumstances. 8. insurance company that covered the shipment. ._ shipping company in case the freight was not paid. D._ bankif the shipment is covered by a letter of credit 64. Ka Tato owns a parcel of land in San Jose, Batangas declared for real property taxation, as agricultural. In 1990, he Used the land for a poultry feed processing plant but continued to deciare the property as agricultural. In March 2011, the local tax assessor discovered Ka Tato's change of use of his land ‘and informed the local treasurer who demanded payment of deficiency real property taxes from 1990 to 2011. Has the action resciibed? A. No, the deficiency taxes may be collected within five years from when they fell due. B No. The dofidency taxes for the period 1990 up to 2011 may stil be collected within 10 years from March 2011. « D. Taxation {25 Yes. More than 10 years had lapced for the period 1980 up to 2000, hence the right to collect the deficiency taxes has prescribed. ‘Yes. More than 5 years had lapsed for the the deficiency taxes for the period 1990 up to 2uus, 65, Pierre de Savigny, a Frenchman, arrived in the Philippines fon January 1, 2010 and continued to live and eng business in the Philippines, He wert on a tour of Scw: from August 1 to November 5, 2010, He re: Philippines on November 6, 2010 and stayed unti when he retumed to France. He eared during his stay it Philippines a gross income of P3 million from his investments i. ‘the country. For the year 2010, Pierre's taxable status is that of A B. c. D. ‘2 non-resident alien not engaged in trade or business in the Phitippines. @ non-resident alien engaged in trade or business in the Philippines, 2 resident alien net engaged in trade or business in the Philippines. resident alien engaged in trade or business in the Philippines, 86. Lualhati Educational Foundation, Inc., a stock educational institution organized for profit, decided to lease for comm use a 1,500 sq. m. portion of its school. The school actualy, Girectiy, and exclusively used the rents for the maintenance of its school buildings, including payment of Janitorial services. 's ‘the leased portion subject to reel property tax? A 8. & D. Yes, since Lualhat is a stock and for proft educational institution, No, since the school actually, directly. and exclusively Used the rents for educational purposes. No, but it may be subject to income taxation on the rents itreceives, ‘Yes, since the leased portion is not actualy, di and exclusively used for educational purposes. 67. Apparently the law does not provide for the refund of» ~ Property taxes that have been collected a a result of on erroneous or illegal assessment by the provincial o: cy assessor. What should be done in euch instance to avoid : injustice? A 8 Question the legality of the no-refund rule botore th Supreme Court. Enact @ new ordinance amending the erroneous or legal assessment to correct the error. ‘Subsequent adjustment in tax computation <:\° che application of the excess payment to future real property tax liabilities Pass @ new ordinance providing for the refund of real Property taxes that have been erroneously or illegally collected668. What should the BIR do when the prescriptive period for the assessment of a tax defciency is about to prescribe but the taxpayer has not yet complied with the BIR requirements for the production of books o* accounts and other records to ‘Substantiate the claimed deductions, exemptions or credits? A. Call the taxpayerto a conference to explain the delay. B._ Immediately conduct an investigation of the taxpayer's activities. CC. Issue a jeopardy assessment coupled with a letter of, demand. D. Issue a notice of constructive straint to protect government interest. 69. Money collected from taxation shall not be paid to any religious dignitary EXCEPT when A. the rligious dignitary is assigned to the Philippine Army, 8. itis paid by @ local government unit. . the payment is pessed in audit by the COA. 1D. itis part of a lawmakers pork barrel 70. Discriminatory duties may NOT be imposed upon artides ‘A wholly manufactured in the discriminating country but, cartied by vessels of another country. 8. not manufactured in the discriminating country but carried by vessels of such oguntry. C. party manufactured in the ‘discriminating county but carted by vessels of another county. D. not manufactured in the discriminating country and cartied by vessels of another county. 71. The taxpayer seasonebly filed his protest together with all the supporting documents. It is already July 31, 2011, or 180 days from submission of the protest but the BIR’ Commissioner has not yet decided his protest. Desirous of an eatly resolution of his protested assessment, the taxpayer should file his appeal to the Court of Tax Appeals not later than, ‘A August 31, 2011 B. August 30, 2011 C. August 15, 2011 1D. August 4, 2011 72. Which of the following are NOT usually imposed when there isa tax amnesty? A. Civil, criminal, anc administrative penalties 8 Civil and criminal penalties C. Civil and administrative penalties D. Criminal and administrative penalties 73. Which among the following concepts of taxation is the basis {or tie situs of income taxation? Lifebiood doctrine of taxation ‘Symbiotic relation in taxation Compensatory purpose of taxation ‘Sumptuary purpose of taxation pom Taxation [El 74. In “Operation Kandado,” the BIR temporarily closed business establishments, including New Dynasty Corporation ‘that failed to comply with VAT regulations. New Dyn’ ‘contends that it should not be temporarily closed since f= valid and existing VAT registration, it faithfully issue. .., receipts, and filed the proper VAT returns. The contenti: be rejected if the BIR investigation reveals that ‘A. the taxpayer has not been regulary fing its income tax returns for the past 4 years. B. the taxpayer deliberately filed a false and frau: return with deliberate intention to evade taxes, . the taxpayer used falsified documents to support its ©. application for refund of taxes. there was an understatement of taxable sales or receipts by 30% or more for the taxable quarter. 75. The head priest of the religious sect Tres Personas Solo Dios, as the corporation sole, rented out # 5,000 sq. m. lot fegistered in its name for use as school site of a school organized for profit. The sect used the rentals for the support and upkeep of its priests, The rented lot is. ‘A not exempt from real property taxes because the user {is organized for proft. B. exempt from real property taxes rectly, and exclusively used for religious purposes. ©. not exempt from real property taxes since it is the . ince it is actually, rents, not the land, that is used for religious purposes. ‘exempt from real property taxes since it fs actually, directly, and exclusively used for educational purposes,CIVIL LAW 1. When does a declaration of absence of a missing person take etfect? ‘A. Immediately from the iss.ance of the declaration of absence. B. 3 months after the publication of the dectaretion of absence. .6 months after the publication of the deciaration of absence. 15 days from the issuance of the deciaration of absence. 2. The authority that schoo! administrators exercise over school children under their supervision, instruction, or custody is called ‘A. legal parental authoriy B.__substtute parental authority. ©. ordinary parental authorty. 1D. special parental authority, 3. Can future inheritanve be the subject of a contract of sale? ‘A. No, since it will put the predecessor at the risk of harrn from a tempted buyer, contrary to public policy. B. Yes, since the death of the decedent is certain to occur. ©. No, since the seler wns no inheritance while his . predecessor lives. Yes, but on the condtion that the amount of the inheritance can only be ascertained affer the ablgations ofthe estate have'been paid 4. Upon the proposal of a third person, a new debtor substituted the original debtor without the Iatter's consent The creditor ‘accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation, What is the effect of the new deblor's defautt upon the original debtor? ‘A. The origina! debtor is freed of liability since novation took place and this relieved him of his obligation, 8. The original debtor shall pay or perform the obligation vith recourse to the new debtor. ©. The original debtor remains liable since he gave no consent to the substitution, ©. The original debtor shall pay or perform 50% of the ‘obligation to avold unjust enrichment on his part. 5. Lennie bought a business das’ ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on ‘the ground that @ Congressman had to be accommodated in the business class, Lennie suffered the discomfort and fembartassment of the downgrade. She" sued the altlines for uasi-delict but Alta Airines countered that, since her travel was. governed by a contract between them, no quasi-delict could atise. Is the airfine correct? ‘A. No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, ‘gross bad faith, and malice. B. No, denying Lennie the comfort and amenities of the business class as orovided in the ticket is a tortous act ©. Yes, since the facts show a breach of contract, not a ‘quasi-delict D. Yes, since quasi-delict presupposes the absence of a re-existing contractual relation between the parties, ‘6. Which of the following is an indispensable requirement in an action for “quieting of tile* involving real property? The plaintif ‘must be in actual possession of the property. be the registered ovmer of the property. have legal or equitable tie to the prope: be the beneficial ovmer of the property oop> 7.X and Y were to marry in 3 months. Meantim® © 7:9 affection, X donated a house and lot to Y, wis: cunatio wrote in a letter to Y. Y wrote back, accepting the donation «anc took possession of the property. Before the wedding, however, Y suddenly died of heart attack Can Y's heirs get the property? A. No, since the marriage did not take place. B. Yes, since all the requisites of a dors immovable are present ©. No, since the donation and its acceptance are not in @ public instrument. D. Yes, since X freely donated the property to Y who became its owner. 8. Rene and Lily got married after @ brief courtship. Avior one month, Lily discovered that while Rene presented himself as & ‘macho man he was actually gay. He would not go to bed wit! hher. He kept obscene magazines of nude men end always ‘sought the company of handsome boys. What legal remedy does Lily have? ‘A. She can file an action for annulment of marriage o: ‘ground of fraud, B. She can seek a deciaration of nullity of the mariage based on Rene’s psychological incapacity, C._She ean go abroad and fle for divorce in a country that can grant it. D. She has none since she had the opportunity to examine the goods and freely entered into the marriage. 8. Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A,B, C, D, and E, without indicating the share of each donee. ‘All the donees accepted the donation in witing. A, one ef the ones, died. Will B, C, D, and E get A's share in the moucy? ‘A. Yes, accretion will automatically apply to to" donees in equal shares. B. Yes, since the donor’ intention is to give the whole of P50 million to the joint-donees in equal share: ©. No, A's share will revert to the donor beca::3e D ‘accretion applies only if the joint-donees are spouses, No, A’s share goes tc his heirs since the donaticn did ‘not provide for reversion to donor.10, Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Rafly, a stranger to the family, for PS nilion. Do Ester and Rufus have a remedy for keeping the land ‘within thei family? ‘A. Yes, they may be subrogated to Rafly’s right by reimbursing to him within the required time what he paid Raul B. Yes, they may be subrogated to Raff's right provided they buy him out before he registers the sale. No, they can be subrogated to Retly's fight only with his conformity No, since there was no impediment to Raul selling his inheritance to a stranger. ‘11. When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter is entitled to recover damages. This is known as the principle of ‘A fes ipsa loquitur. 8. damnum absque injuria, ©. vicarious lability. D. abuse of rights. 12. Which of the following is NOT a basis for rendering a disinheritance defective orimperfoct? ‘A. Its cause comes from the quitt of a spouse in a legal ‘separation case, the innocerit-spouse having died. B. The truth of its cause is denied and not sufficiently proved by evidence. ©. Its cause is not authorized by the lew. D. Its cause is nat specified 13. Manuel came to Manila and married Marianne. Unknown to Mafianne, Manuel had been previously convicied in Palawan of theft and served time for it After Marianne leamed of his Previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on Manuel's nondisclosure of his previous crime? ‘A. No, since the assumption is that marriage forgives all past wrongs, B. Yes, since the non-disclosure of that crime is the ‘equivalent of fraud, which is a ground for annulment. C. No, in case of doubt, the law must be construed to preserve the institution of marriage. D. No, since Manuel already served the penalty for his 44, Arthur and Helen, both Fitipines, got married and had 2 children. Arthur later worked in Rome where he acquired Italian Gitzenship. He got @ divorce from Helen in Rome but, on returning to the Philippines, he realized his mistake, asked forgiveness of his wife, and resumed living with her. They had 2 more children. Whatis the status of their 4 children? ‘A. The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a Filipino. B. The divorce rendered illegitimate the children born before it since the marriage that begot them had been ulified ©. The children born before and atter the divorce are all legitimate since Philippine law does not recognize divorces. cmitew D. All the children are legitimate since they were bom of the same father and mother. 15. Who can make a donation? ‘A All persons who can enter into contracts and dispose of their property. B. Al persons who ere of legal age and suffer from no vil interdiction C. All persons who can make a last wil and testament D. Al persons, whether natural or artical, whe cin Property 16. The liability of the partners, including industriel partners for Partnership contracts entered into in its name and for its ‘account, when all partnership assets have been exhausted is A. Pro-rata, B Joint, ©. Solidary. D. Voluntary. 17, When can a missing person who left someone to administer his’ property be declared an absentee by the court? When he has been missing for ‘A. 2years from the receipt of the last neve about him, B. 7 years from the receipt of the last news about him, ©. 10 years from the receipt ofthe last news about him, D. Syears from the receipt of the last news about him, 18. Which of the following claims againet the debtor enjoys Preference over the others with respect to his specific immovable property and real rights? A Unpaid price of real property sold, upon the immovable property B. Mortgage credits recorded in the registy of property, ‘upon the mortgaged real estate. Taxes due, upon the land or building Expenses ‘or the preservation and improvement of Property, when the law authorizes reimbursement, Upon the preserved or improved immovable. ©. 0. 19. When bilateral contracts are vitiated with vices of consent, thoy are rendered A. rescissible, B. void. C._ unenforceable. 1D. voidabie, 20. An agent, authorized by a special power of attomey to sell a land belonging to the principal succeeded in selling the same to ‘a buyer according to the instructions given the agent. The agent executed the deed of absoluto sale on behalf of his principal two days after the principal died, an event that neither the ager the buyer knew at the time of the sale. What is the standing « the sale? A Voidable. B. Valid. ©. Void D. Unenforceabie,21. Spouses A and B leased a piece of land belonging to B's parents for 25 years. The spouses but their house on it worth 300,000.00. Subsequent, ina case that C fled against A end B, the court found the later liable to C for 200,000.00. When tho shot was attaching their house for the satisfaction of the judgment, A and B claimad that it was exempt from execution, boeing a tamily home. Is this caim correct? ‘A. Yes, because while B's parents own the land, they agreed to have their daughter build her family home on te i 1B. No, because there is no judicial dectaration that itis a emily home. ©. No, since the land does not belong to A and B, it cannot qualify as a family home. D. Yes, because the A and B's family actualy lives in that house. 2. Solomon sold his coconut plantation to Aragon, Inc. for 100 million, payatle in installments of P10 milion per month with 6% interest per annum. Solomon married Loma atter 5 months and they chose conjugal partnership of gains to govern their property relations. When they married, Aragon had an unpaid balance of P50 milion plus interest in Solomon's favor. To whom will Aragon's monthly payments go efter the maniage? ‘A. The principal shall go to the conjugal partnership but the interests to Solomon, B. Goth principal and interests*shall go to Solomon since they are his exclusive properties. ©. Both principal and interests shall go to the conjugal partnership since these become due after the marriage, . The principal shell go to Solomon but the interests to the conjugal partnership. 23, X and Y, although aot suffering from any impedime: Cohabited as husband and wife without the beneft of marriage, Foliowing the birth of their child, the couple got mattied, A year after, however, the court annulled the martiage and issued @ decree of annuiment. Wha: is the present status of the child? A. Legitimated. 8. legitimate. CC. Netural child. D. Legitimate. 24. When A and B married, they chose conjugal partnership of [sins to gover their propery ‘elatipns. Ater 3 years, & ‘succeeded in getting her mariage to A annuled on ground of the laters psychological incapacity. What iqudation | procedure will hey folow in deposing of their assets? ‘A. They wil follow the rule governing the liquidation of a ‘conjugal partnership of gains where the party who acted in bad faith ‘orfeits his share in the net profits, 3. Since the marriaga has been declared void, the rule for liquidation of absolute community of property shall be followed. ©. The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage D._ The law on liquidation of partnerships applies CWvilLow [EK 25. X and Y agreed verbally before their marriage (a) on the: paternity of the illegitimate child of Y and (b) on the economic fegime that will govern X and Y's property relations. '9 the verbal agreement valid? ‘A. No, because a matriage settlement to be valid should be in writing 8. Yes, since ante-nuptial agreements need not bo in writing. ©. No, because a marriage settiement cannot include an agreement on the paternity of an illegitimate child, D. Yes, since even if itis net 2 valid marriage settlement, itis a valid verbal contract. 26. Spouses X and Y have a minor daughter, Z, who needs ‘support for her education. Both X and Y, who ate financially distressed, could not give the needed support to Z A> happens, 2s other relatives are financially capable of giving that support. From whom may Z first rightfully demand support? From her A. grandfather, B. brother. ©. unde. D. fret cousin, 27. Fidel, a Filipino with fair complexion, married Gloria, Before ‘the mamiage, Gloria confessed to Fidel that she wes two-month Pregnant with the child of a black African who had left the ‘countty for good. When the child was born, Fidel could not ‘accept it being too black in complexion, What is the status of the child? A. legitimate, because Glotia confessed that the child is not Fides B. Ilegitmate, because by the color of its skin, the child could not possibly be that of Fidel €. Legitimate, because the child was born within a valid marriage. D. Legitimate, because Fidel agreed to treat the child as tis own after Gloria told him who the father was. 28. The husband's acts of forcibly electing his wife without just ‘cause from the conjugal dwelling and refusing to take her back constitutes A. deseition, B. recrimination. constructive abandonment. D. de facto separation. 28. In his wil, the testator designated X as a legates to receive 2 millon for the purpose of buying an ambulance that the residents of his Barangay can use. What kind of institution is this? 2 fideicomissary institution, ‘a modal institution, @ conditional institution, t a calective institution, com>30. X insured himself for PS million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died, Is Y entited to the insurance benefits? ‘A. Yes, since the insurance was not dependent on the martiage. B. Yes, since her designation as beneficiary was Iitevocable. C._ No, X's designation of Y is revoked by operation of law upon the annuinent of their marriage based on Y's fault D. Yes, since without judicial revocation, X's designation (of ¥ remains valid and binding. 31. May a spouse freely donate communal or conjugel property ‘without the consent of the other? ‘A. Absolutely not, since the spouses co-own such propery. B. Yes, for properties that the family may spare, regardless of value Yes, provided the donation is moderato and intended for charity or family rejoicing. D._ Yes, in a donation mors causa thet the donor may sti revake in his ifetime 32. The decedent died intestate leaving an estate of P10 milion. He left the following heirs: a) Marlo, a legitimate child and b) Cecilia, te legal spouse. Divide the estate. ‘A. Marion gets 1/4 and Cecilia gets 2/4 B. Marion gets 2/3 and Ceclia 1/3. C. Marion gets 1/2 and Cecilia gets 1/2. D. Marion aets 3/4 and Cecilia 1/4, 33. Contracts take effect only between the parties or their assigns. and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is kanown as the principle of A. Relativity of contracts. B.. Freedom to stipulate. CC. Mutualty of contracts. D. Obligatory force of contracts, 24. A buyer ordered 5,009 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer? A. He can accept al 6,000 apples and pay the soller at P20 per apple. 1B. He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples. ©. He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them anyway. D. He can cancel the whole transaction since the seller Violated the terms of their agreement. CWilLaw BR 35. Lino entered into a contract to sell with Remon, undertaking to convey to the lattor one of the five lots he owns, without specifying which lot it was, for the price of P1 milion, Later, the Parties could not agree ‘which of five lots he owned Linc lundertook to seli to Ramon. What is the standing of the contract? ‘A. Unenforceabi B. Voidable. C. Rescissible DL Void 38. Knowing that the car had a hidden crack in the engine, x ‘sold it to Y without informing the latter about it. In aay event, the deed of sale expressly stipulated that X was nat liable for hidden, defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages? A. Yes. X is liable whether or not he was aware of the hidden defect. B. Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disciosing the fact to Y. ._ No, because ¥ is in estoppel, having changed engine ‘without prior demand. D. No, because Y waived the warranty against hidden defects, 37. Acme Cannery produced sardines in cans known as *Sards." Mylene bought a can of Sards from a store, ate it, and, suffered from poisoning caused by @ noxious substance found In the sardines. Mylene filed a case for damages against Acme. ‘Which ofthe fcllowing defenses wil hold? A. The expiry date of the “Sards" was clearly printed on its can, stil the store sold and Mylene bought it. 8. Mylene must have detected the noxious substance in the sardines by smell, yet she sill ate it. ©. ‘Acme had ne transaction with Mylene; she bought the *Sards" ftom a store, not direct from Acm D. Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such presumption. 38. Fernando executed a vill, prohibiting his wite Marina from remarrying after his death, at the pain of the legacy of P100 Million inher favor becoming a nullity But a year after Fermando’s death, Marina was so overvmhelmed with love that ‘she married another man. Is she enitied to the legacy, the ‘amount of which is well within the capacity of the disposable free portion of Fernando's estate? A. Yes, since the prohitition against remanying is abeolute, iris deemed not wrtten 8. Yes, because the prohibiton is inhuman and ‘oppiessive and violates Marina's rights asa free ©. No, because the nullity f the prohibition also nulifes the legacy D._ No, since such prohititon is authorized by law and is not repressive; she could remarry But must give up the money20N bat 39, X, the owner, constituted a 10-year usufruct on his land as well as on the building sianding on it in Y's favor. After flood totally destroyed the bulldng 5 years later, X told Y that an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct? A so @ No. since the building was destroyed through no fauit ofY. 'No, since Y stil has the right to use the land and the ‘materials left on F. Yes, since Y cannot use the land without the building. Yes, since the destruction of the building without the X's fault terminated the usufruct. 40. In gratitude, the groom's parents made a donation of a property in witing to the bride's parents shortly before their children’s wedding. The donation was accepted. What is the nature of the donation? A 8 ° 0. Itis an ordinary donation since it was not given to the bride or groom. itis donation progter nuptias since it was given with the ‘marriage in mind. Itis an indirect donation propter nuptias since the bride would eventually inherit the property from her parents. {tis a remunatory donation, 41. X and Y, both Filipinos, were married and resided in Spain although they intend to retim to the, Philippines at some future lime. They have not executed any Marriage settiements. What law governs their property relations? A ‘They may choose between Spanish law and Philippine law. Philippine law since they are both Filipincs, 'No regime of property relations will apply to them. ‘Spanish law since they live in Spain. 42. Birth determines personality. Death extinguishes It Under what circumstances may the personality of a deceased person continue to exist? A 8 °. 0. In case of reeppearance of a missing person presumed dead. In protecting the works of a deceased under intellectual Property laws, In case of declaration of presumptive death of a ‘missing spouse. In the settlement ofthe estate of a deceased person. 43. Six tenants sued X, the landowner, for wilfully denying them ‘water for thelr farms, which water happened to flow from land under X's control, his intention being to force them to leave his properties. Is X liable for his act and why? A 8 ©. . No, because the tenants must be content with waiting for rainfall for their farms. No, since X owns both the land and the water. ‘Yes, because the lenants' farms havé the natural right of access to water wherever itis located Yes, since X wilfully caused injury to his tenants contrary to morals, good customs or public policy. coitaw. EB 44, llegitmate brothers and sisters, whether of fll or halt-blood, ‘are bound to support each other, EXCEPT when ‘A. the brother or sister who needs support lives in anothe: place. B. such brothers and sisters are not recognized by thet: fathor. C. the brother or sister in need stops schooling without valid reason, 1D. the need for support of a brother or sister, already of age, is due to the latters fault. 48. Virglio owed @ bare and simple swimming pool in his garden. MC, a 7-year old child, surreptitously entered the garden and merrily romped around the ledges of the pool. He ‘accidentally tripped, fell into the pool, and drowned MB's parents sued Virgilio for damages atising from their child's death, premised on the principle of ‘attractive nuisance’. Is Virgilio liable for the death of MB? A. No, the child was 7 years old and knew the dangers that the pool offered. B. Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming near it ©. No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it that would attract a 7-year old child, D. Yes, since Virgilio did not cover the swimming poo! While not in use to prevent children from felling into 46. The term of a S-year lease contract between X the lessor and Y the lessee, where rents were paid from month to month, came to an end, Stil, Y continued using the property with X's ‘consent. in such a case, it is understood that they impliedly renewed the lease ‘A. from month to month under the same conditions as to the rest. B. under the same terms and conditions as before. CC. under the same terms except the rent which they or the D. ‘court must fx. for only a year, with the rent raised by 10% pursuant to the rental control lew. 47. Rex, a philanthropist, donated a valuable lot to the ‘municipality on the condition that it wll build a public school on ‘Such lot within 2 years from its acceptance of the donation, The ‘municipality properly accepted the donation but did not yat build the public school after 2 years. Can Rex revoke the donation? ‘A. Yes, since the donation is subject to a resolutory condition which was not fulfile 8. No, but Rex is entitled to recover the value of the land. from the municipality ©. No, the transfer of ownership has been completed. D. Yes, the donation is not deemed made unti the ‘suspensive condition has been fuilled, 48. Illegitimate children, those not recognized by their biological fathers, shall use the sumame of their ticlogical father subject to no condition, ‘mother or biological father, at the mother's discretion mother. Biological father unless he judicially opposes it, pomp49. Asiong borrowed 1 milion from a bank, secured by a ‘mortgage on his land, Without his consent, his friend Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land? A B. [3 D. ‘No, but the bankean foreclose and pay Boyong back. ‘No, since Boyong paid for Asiong’s loan without his approval. Yes, since @ change of creditor took place by novation with the bank’s consent. ‘Yes, since it is but right that Boyong be able to get back his money and, if not, to forectose the mortgage inthe manner of the bank. ‘50. Congress passed a law imposing taxes on income eamed ‘out of a particular actviy that was not previously taxed. The law, however, taxed incomes already earned within the fiscal year when the law took effect. Is the law valid? A po p No, because laws are intended to be prospective, not retroactive, 'No, the law is arbitrary in that it taxes income that has already been spent. Yes, since tax lave are the lifeblood of the nation, Yes, tax laws a’e an exception; they can be given reircactive effect. 51. Rudolf borrowed P1 milion from Rodrigo and Fernando who acted as: solidary- creditors. When the loan matured, Rodrigo Wrote a letter to Rudolf, demanding payment of the loan directly to him. Before Rudolf coud comply, Fernando went to see him personally to collect and he paid him, Did Rudolf make a valid payment? A 8. c. 8. No, since Rudclf should have split the payment between Rodrigo and Fernando. No, since Rodrigo, the other solidary creditor, already ‘made a prior demand for payment from Rudolf, ‘Yes, since the payment covers the whole obligation. ‘Yes, since Fernando was @ solidary creditor, payment to him extinguished the obligation ‘52. What happens to the property regimes that were subsisting ‘under the New Civil Code when the Family Code took effect? A 8. The orignal property regimes are immutable and romain effecive Those enjoying specific regimes under the New Civil Code may adopt te regime of absolute cominunity of property under the Family Code. ‘Those that maried under the New Civil Code but aid not choose any cf its regimes shall now be governed by the regime of absolute community of property They are superseded by the Family Code which has rotroaotve effect Civ Law JE '53. The testator executed a will following the formalities required by the law on succession without designating any heir. The only. testamentary disposition in the will is the recognition of the testator’ illegitimate child with 2 popular actress. Is the will valid? A. Yes, since in recognizing his legitimate child, the testator has made him his heir. 8. No, because the non-designation of heirs defeats the purpose of a wal ©. No, the will comes to life only when the proper heirs are instituted, ©. Yes, the recognition of an illegitimate heir is an ample Feason for a wil, ‘54. AleftB, his wife, in the Philippines to work in Egypt but died in that country after a year’s continuous stay. Two months after As death, B gave birth to @ child, claiming itis A's child. Who ‘can assail the legitimacy of the child? AL A’s other heirs apart from B. B. The State which has interest in the welfare of overseas contract workers, ._Any one who is outraged by 8's claim. D. Noone since A died. 55. QR and TS who had a marriage license requested a newly ‘appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay ae his residence, hhe agreed. The sponsors were all public officials: What is the status of the marriage? ‘A. Volid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present. B. Void, because the couple aid not get local permit for a beach wedding, ©. Veidable, because the Judge acted. beyond his tentitorial jurisdiction and is administratively liable for the same, D. Void, because the Judge did not solemnize the ‘marriage within the premises of his court. 56. X and ¥, Filipinos, got married in Los Angeles, USA, using a ‘marriage license issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who were sisters, were ‘separated when they were quite young. Since X did not want to continue with the relation when he heard of it he lef Y, came to the Philippines and married Z. Can X be helditable for bigamy? A. No since X's mariage to Y is void ab initio or eid not cxist B._No since X acted in good faith, conscious that public, policy did not approve of marriage between first ©. Yes since he mariied Z without frst securing a judicial, declaration of nulity of his marriage to Y. D. Yes since his first marriage to Y in Los Angeles is valid57. Allan bought Billy's property through Carlos, an agent empowered with a specia power of attorney (SPA) to sell the same. ‘When Allan was ready to pay as scheduled, Bly called, directing Allan to pay diredty to him. On fearing of this, Carlos, Bily’s gent, told Allan to pay through him as his SPA provided and to protect his commission. Faced with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct? ‘A. No, since consigration without tender of payment is allowed in the face of the conflicting claims on the plaintit B. Yes, as owner of the property sold, Bily can demand payment directly t himself ©. Yes, since Alan made no announcement of the tender. ©. Yes, a tender cf payment is required for a valid consignation, 58. X sold Y 100 sacks of rice that Y was to pick up from X's ‘ice mill on a particular date. Y cid not, however, appear on the agreed date to take delivery of the fice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid? A. Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate, B. No, the buyer is entitled, to a customary 30-day extension of his obligation’ to take delivery of the goods. ©. No, since there was no express agreement regarding automatic resciesion. D. No, the seller should first determine that Y was not justified in falling to appear, 59, The wife filed case of legal separation against her husband on the ground o! sexual infidelity without previously exerting earnest efforts to come to a compromise with him. The Judge dismissed the case for having been fled without ‘complying with a condition precedent Is the dismissal proper? A. No, efforts at a compromise will only deepen the wife's ‘anguish, 8. No, since legal separation like velidty of marriage is ‘not subject to compromise agreement for purposes of filing C. Yes, to avcid a family feud that is hurtful to everyone. D. Yes, since the dispute could have been settled with the parties agreeing te legal separation, 60. An Australian living in the Philippines acquired shares of stock worth P10 milion in food manufacturing companies. He ed in Manila, leaving a legal wife and a child in Australia and a live-in partner wath whom he had two children in Manila. He also left a wil, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will ‘govern the validity ofthe disposition in the wil? ‘A. Australia law since his legel wife end legitimate child are Australians and domiciled in Australia 8 Australian law snce the intrinsic validity of the Provisions of a will is governed by the decedent's national taw. C. Philippine law since the decedent died in Mani he executed his wil according to such law. 1. Philippine law since the decedent properties are in the Philippines. and cwitew [El 61. X bought a land from Y, paying him cash. Since they were fiends, they did not execute any document of sale, After 7 years, the heirs of X asked Y to execute @ deed of absolute sale to formalize the verbal sale to their father. Unwilling to do 80, X's heirs fied an action for specific performance againet Y. Will their action prosper? A. No, after more than 6 years, the action to enforce the verbal agreement has already etapsed, B. No, since the sale cannot under the Statute of Frauds be enforced. C._ Yes, since X bought the land and paid Y for it. D. Yes, after full payment, the action became imprescripibte. 62. A court declared Ricardo, an old bachelor, an absentee and appointed Cicero administrator of his property. After a year, it Was discovered that Ricardo had died abroad. What is the effect of the fact of his death on the administration of his property? ‘A. With Ricardo no longer an absentee but a deceased person, Cicero will cease to be administrator of his Properties. 8. The administration shall be given by the court having jurisdiction over the intestate proceedings to a new ‘administrator whom it will appotnt ©. Cicero automatically becomes administrator of Ricardo’s estate unti judicially relieved D. Cicero's alienations of Ricardo's property will be set aside. 63, Baldo, a rejected suitor, intimidated Judy into manying him. While she wanted to questicn the validity of their mariage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years. following their wedding, Judy wants to fle a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? A. Yes, the action for annulmentis imprescriptble. B. No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force ‘and intimidation had ceased. ©. No, since the action prescribed 5 years from the date of the celebration of the mariage. D. Yes, because the mariage was celebrated without Judy's consent freely given. 64. Is the wife who leaves her husband without just cause entitled to support? A. No, because the wife must always be submissive and respectful to the husband. B. Yes. The marriage not having been dissolved, the husband continues to have an obligation to support his wife. No, because in leaving the conjugal home without just cause, she forfeits her right to support. D. Yes, since the right to receive supprt ie not subject to ‘any condition.65. In the order of intestate succession where the decedent is leaitimate, who is the last intestate heirs or heir who will inherit if al heirs in the higher level are disquaified or unable to inherit? pep> Nephews and nieces. Brothers and sisters, State, Other collateral relatives up to the Sth degree of ‘consanguinity. 68. Roy and Carlos both undertook a contract to deliver to Sam in Mani boat docked in Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation med converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary? A ‘Neither solidary ror joint since they cannot waive the defense of fortuitous event to which they are entitled ‘Solidary of joint upon the discretion of Sam. Solidary since Rey and Carlos failed to perform their ‘obligation to deliver the motor boat. Joint since the conversion of their liabilty to one of indemnity for damages made it joint. 67. Joanne married James, a person with no known relatives. ‘Through James’ hard work, he and his wife Joane prospered. When James died, his estate alone amounted to P100 milion, 1, in his will, James designates Joahne as his only heir, what ‘wil be the free portion of his estate. A Joanne gets all; estate has no free portion left Joanne gets 1/2; tre other half is free portion Joanne gets 1/3; tie remaining 2/3 is free portion. Joanne gets 1/4; tie remaining 3/4 is free portion. 68. A warranty inherent ir @ contract of sale, whether or not mentioned init, is known as the A B. c o. ‘warranty on quality. warranty against hidden defects. warranty against eviction. warranty in merchantability. 69. The doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of the law. But the doctrine can be abandoned A. When adherence to it would result in the Governments loss ofits case, B. When the application of the doctrine would cause great prejudice to a foreign national ©. When necessary ts promote the passage of a new law. D. When the precedent has ceased to be beneficial and useful 70, Ric and Josie, Filipinos, have been sweethearts for 5 years, While working in'a European country where the execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other as sole helt of the other in case either of them dies. Unfortunately, Ric died a year later. Can Josie have the joint will successfully probated in ‘the Philippines? Cwltow EQ A Yes, in the highest interest of comity of nations and to honor the wishes of the deceased. B. No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric and Josie even abroad, C. Yes, since they executed their joint will out of mutual love and care, values that the generally accepted principles of international law accepts. D. Yes, ‘since it is valid in the country where it wes executed, applying the principle of “lex. |v. celebrationis.” 71, ML inherited from his father PS milion in legitime but he waived it in @ public instrument in favor of his sister QY who accepted the waiver in writing. But as it happened, ML borrowed 6 milion from PF before the waiver. PF objected to the waiver and filed an action for its rescission on the ground that he had the right to ML's PS milion legitime as partial settiement of what ML owed him since ML has proved to be insolvent. Does PF, as ‘creditor, have the right to rescind the waiver? A. No, because the waiver in favor of his sister QY ‘amounts to a donation and she already accepted it. ~B. Yes, because the waiver is prejudicial to the Interest of 2 third person whose interest is recognized by law. ©. No, PF must wait for ML to become solvent and, thereafter, sue him for the unpaid loan. D. Yes, because a fegitime cannot be waived in favor of a specific heir, it must be divided among all the other heirs, 72. While engaged to be married, Amold and Josephine agreed in @ public instrument to adoot out the economic regime of absolute community of property. Amold acknomedged in the same instrument thet Josephine’s daughter Mary, is his ilegitimate child. But Josephine died before the mariage could take place. Does the marriage settlement have any significance? ‘A. None, since the instrument containing the mariage settement is essentialy void for containing an unrelated matter. Yes, insofar as Ainold acknowledged Mery as his itegitimate child. C._ None, since the marriage did not take place. 1D. Yes, itthey acquired properties while living together as « husband end wate, 73, Joseph, a 17-year old Filipino, married Jenny, @ 21-year old American in ilinois, USA, where the marriage was valid. Their parents gave full consent to the marriage of their children, After three years, Joseph filed a pettion in the USA to promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second marriage? A. Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leona Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age witen he married her. C. Valid, because his mariage to Leonora has all the elements of a valid marriage. D. Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce.74, T died intestate, leaving an estate of P9,000,000. He left as heirs three legitimate children, namely, A, B, and C. A has two ‘children, D and E. Before he died, A irrevocably repudiated his inheritance from T in a public instrument filed with the court. How much, if any, will D and E, as A's children, get from Ts estate? A. Each of D and E will got P1,500,000 by right of representation since their father’ repudiated his inheritance. B. Each of D and E will get 2,225,000 because they will inherit from the estate equally with B and C. C.D and E will get none because of the repudiation; “B* and ‘C" will et A's share by right of accretion, D. Ezch of D and E will get P2,000,000 because the law. ‘ives them some advantage due to the demise of */ 75, No decree of legal separation can be issued ‘A. unless the children’s welfare is attended to first. BB without prior efforts at reconciliation shown to be fut. C. unless the court first crecés mediation of the parties. 1D. without prior investigaticn conducted by a public prosecutor. 76. X, who was abroad, phoned his brother, Y, authorizing him to sell X's parcel of land in Pasay. X sent the tile to ¥ by courier service, Acting for his brother, Y executed a notatized deed of absolute sale of the land to Z after receiving payment. What is the status of the sale? : ‘A. Valid, since a notarized deed of absolute sale covered. the transaction and full payment was made. B. Void, since X should have authorized agent ¥ in writing to sell the land. ©. Valid, since Y was truly his brother X's agent and entrusted with the tile needed to effect the sale, D. Valid, since the buyer could fle an action to compel X. to execute a deedof sale, 77. In a true pacio de retro sale, the title anc ownership of the Property soid are immediately Vested in the vendee a retro Subject only to the resolurery condlion of repurchase by the ‘vendor a retro within the stisulated period, This is known as A. equitable mortgage. B. conventional redemption. C._ legal redemption. D._ equity of redemption. 78. A natural obligation under the New Civil Code of the Philippines is one which ‘A. the obligor has morat obligation to do, otherwise entiting the obliges to damages. B._ refers to an obligation in writing to do or not to do. C. the obligee may enforce through the court if violated by the obligor. D. cannot be jucicially enforced but authorizes the obliges to retain the obligor's payment or performance. i 78. The husband assumed sole administration of the family’s ‘mango plantation since his wife worked abroad. Subsequently, without his. wife's knowledge, the husband entered into an ‘ntichretic transaction with a company, giving it possession and ‘management of the plantation with power to harvest and sell the {fruits and to apply the proceeds to the payment of a loan he got. ‘Whatis the standing of the contract? Cite FRY ‘A. Itis void in the absence of the wife's consent. B._Itis void absent an authorization from the court. . The transaction is void and can neither be ratified by the wife nor authorized by the court. D. It is considered a continuing offer by the parties, Perfected only upon the wife's acceptance or the court's authorization, 80. When the donor gives donations without reserving sufficient funds for his support or for the support of his dependent, ! donations are A. Rescissible, since it results in economic lesion of more than 25% of the value of his properties. B. Voidable, since his consent to the donation is vitiated by mindless kindness, ©. Void, since it amounis to wanton expenditure beyond bis means. D. Reducible to the extent that the donations impaired the ‘support due to himself and his dependents, 81. Anne owed Bessy P1 milion due on October 1, 2011 but failed to pay her on due date, Bessy sent @ demand letter to ‘Ame giving her § days from receipt within which to oay. Two days after receipt of the letter, Anne personally offered to pay Bessy in manager's check bul the latter refused to accept the same, The 5 days lapsed. May Anne's obligation be considered extinguished? A. Yes, since Bessy’s refusal of the manager's check, which is presumed funded, amounts to a satisfaction of the obligation, B. No, since tender of payment even in cash, if refused, will not discharge the obligation without proper consignation in court C. Yes, since Anne tendered payment of the full emount due. 1D. No, since a manager's check is not considered legal tender in the Philippines. 82, The residents of a subdivision have been using an open stiip of land as passage to the highway for over 30 years. The ‘owner of that land decided, however, to close it in preparation for building his house on it, The residents protested, claiming that they became owners of the land through acquisitive prescription, having been in possession of the same in the concept of owners, publicly, peacefully, and continuously for ‘more than 30 years. Is this claim correct? A. No, the residents have not been in continuous Possession of the land since they merely passed through itin going to the highway. B_ No, the owner did not abandon his right tothe property: he’ merely tolerated his neighbors’ use of it for passage. ©. Yes, residents of the subdivision have become owners by acquisitive prescription D. Yes, community ownership by prescription prevails over private claims,83. The owner of a thing cannot use it in a way that will injure the right of a third person. Thus, every building of land is subject, to the easement which prohibits its proprietor or possessor from commiting nuisance tke noise, jarring, offensive odor, and ‘smoke. This principle is known as A. Jus vindicandi, B.Sc utere tuo ut alenum non laedas. C._ Jus dispondendi. D. Jus abutendl 84. Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer's business partner for recovery of property with damages. The complaint did not allege that Janice exerted earnest efforts to come te @ compromise with the defendants and that such efforts failed. The judge dismissed the complaint ‘outright for failure to comply with a condition precedent. Is the dismissal in order? ‘A. No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with her. B. Yes, since court should promote amicable settement among relatives. C. Yes, since members of the same family, as parties to the suit, are required to exert earnest efforts to settle their disputes before coming to court D. No, the family council, which would ordinarily mediate the dispute, has been eliminated under the Family Code. ¥ 85. X borrowed money from a bank, secured by a mortgage on the land of Y, his cose friend. When the loan matured, Y offered to pay the bank but it refused since Y was not tne borrower. Is the bank’s action correct? A. Yes, since X, the true borrower, did not give his consent to Y's offer to pay. B. No, since enybody can discharge X's obligation to his benefit ©. No, since Y, the owner of the collateral, has an interest in the payment of he obligation ©. Yes, since tt was X who has an obligation to the bnk. 86. The right of a mortgagor in a judicial forectosure to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but zefore the sale of the mortgaged property or corfirmation of the sale by the court, is known as ‘accion publiciana, equity of redemption, ppacto de retro, right of redemption, pop> 87. When does the regime of conjugal partnership of gains begin to exist? ‘A At the moment the parties take and declare each other as husband afid wfe before officiating officer. B. At the time the spouses acquire properties through joint efforts ©. On the date the future spouses executed their mariage settlements because this is the starting paint of their marital relationship. D. Ontthe date agreed upon by the future spouses in their mariage settlements since their agreement is the law between them. Civil Law ARF 88. Josie, 18, married Dante, 25, without her pareris knowledge and consent, and lived with him. After a year, Josie retuned to her parents’ home, complained of the unbearehle battering she was getting from Dante, and expressed a des'- have her marriage with him annulled. Who may bring action? ‘A. Dante. B. Her parents. C. Josie herself D. The State. 88. X, a maried man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby boy. Subsequenty, after X became a widower, he marted Y. Wes BB legitimated by that mattiage ‘A. Yes, since his parents are now lawfully married B. Yes, since he is an innocent party and the marriage ‘ecified the wrong done him. C._ No, since once illegitimate, a child shall always remais logtimate. . No, since his parents were not qualified to marry each other when he was conceived. 90. The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract, A. Rescissible, B. Unenforceable. C. Voidable, D. Vai 91. Can common-law spouses donate properties of substantial value to one another? A. No, thoy are only allowed to give moderate gifts to ‘each other during family rejoicing. B._ No, they cannot give anything of value to each other to prevent placing their legitimate relatives at 3 dsadvantage. ©. Yes, unlike the case of legally martied spouses, such, donations are not prohibited, D. Yes, as long as they leave sufficient property for themselves and for thelr dependents, 92. X owed Y P1.5 milion. In his will, X gave Y legacy of Pt millicn but the will provided that this legacy is to be set off against the P1.5 milion X owed Y. After the set off, X stil owed Y P500,000. Can Y stil collect this amount? ‘A. Yes, because the designation of Y as legatee created 2 new and separate juridical relationship between them, that of testator-legatee. B. it depends upon the discretion of the probate court if a dam is fled in the testate proceedings ©. No, because the intention of the testator in giving the legacy is to abrogate his entire obligation to ¥. D. No, because X had no instruction in his will to deliver ‘more than the legacy of P1 milion to Y.93. Josie owned a lot wort PS milion prior to her martiage to Rey. Subsequentiy their conjugal partnership spent P3 million for the construction of a house on the lot, The construction ‘resulted in an increase in the value of the house and lot to PO million, Who owns the house and the lot? ‘A. Josie and the conjugal partnership of gains will own both on a 50-50 basis, B. Josie will own both since the value of the house and the increase in the property's value is less than her lot's value; but she is to reimburse conjugal partnership expenses, ©. Josie still owns the lo, it being her exclusive property, but the house belengs to the conjugal partnership. D. The house and let shall both belong to the conjugal Partnership, with Josie entitled to reimbursement for the value of the lot 94. An action for reconvevance of a registered piece of land ‘may be brought against the owner appearing on the tite based fon a claim that the latter merely holds such title in trust for the Plaintiff. The action prescribes, however, within 10 years from the registration of the deed or the date of the issuance of the certificate of tile of the property as fong as the trust had not been repudiated. What is the excoption to this 10-year prescriptive period? ‘A. When the plaintiff had no notice of the deed or the Issuance of the cetiicate of tile. B. When the title holder concebled the matter from the plains ©. When fortuitous citcumstances prevented the plaintft from fing the case sooner. D._ When the plaintiff is in possession of the property 85. Conrad and Linda, both 20 years old, applied for a marriage icense, making it appear that they were over 25. They married without their parents’ knowladge before an unsuspecting judge. ‘After the couple hes been in cohabitation for 6 years, Linda's Parents filed an action to annul the marriage on ground of lack of parental consent. Will the case prosper? ‘A. No, since only the couple can question the velidty of their mariage after they became 21 of age; their ‘cohabitation also convalidated the marriage. B. No, since Linda's parents made no allegations that earnest efforts have been made to come to ‘compromise with Conrad and Linda and which efforts failed. C. Yes. since the mariage is voidable, the couple being below 21 yeare of ege when they married 1D. Yes, since Linda's parents never gave their consent to the marriage. 96. Pepito executed 2 will that he and 3 attesting witnesses Signed following the formalities of law, except that the Notary Public failed to come. Two days later, the Notary Public Rotarized the will in his law office where all signatories to the will acknowledged that the testaior signed the will n the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized? chittow IEE ‘A. No, since it was not notarized on the occasion when the signatories affixes their signatures on the will. B. Yes, since the Notary Public has to be present cr" when the signatories acknomedged the acts requ.'- ! of them in relation to the wil. ‘Yes, but the defect in the mere notarization of the will |s not fatal to its execution. D. No, since the notary pubjic dd not require the ‘signatories to sign their respective attestations again, 97. Venecio and Ester lived as common-law spouses since have been mariied to other persons from whom they had been Separated in fact for several years. Hardworking and bright, each earned incomes from their respective professions and enterprises. What is the nature of their incomes? ‘A. Conjugal since they eamed the same while fiving <> husband and wife. B. Separate since their property relations with their legal ‘spouses are stil subsisting. ©. Co-ownership since they agreed to work for their ‘mutual benefit. 1D. Communal since they earned the same as common- law spouses, 98. What is the prescriptive period for filing an action ter ‘evocation of a donation based on acts of ingratitude of the donee? ‘A. Syears from the perfection of the donation, B. 1 year from the perfection of the donation. CC. 4years from the perfection of the dortation, D. Such action does not prescribe. 99. Before Keren married Karl, she inherited PS million from her Geceased mother which amount she brought into the marriage. She later used part of the money to buy a new Mefcedes Bonz in her name, which Karen and her husband used as a family ‘ar. Is the car 2 conjugal or Karen's exclusive property? ‘A. tis conjugal propery since the spouses use it as. @ family car. B._Itis Karen’s exclusive property since itis in her name. C. Its conjugal property having been bought during the marriage. D. his Karen's exclusive property since she bought it with hher own money, 100. Because of X's gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y sued X for, ‘among other damages, P1 million for the death of a tary member. fs Y entitled to indemnity for the death of the fostus sshe carried? A. Yes, since the foctus is already regarded as a child from conception, though unborn. B. No, since X's would not have known that the accident ‘would result in Y's abortion. C._ No, since birth determines personality, the accident did ‘ot result the death of a person. 1D. Yes, since the mother believed in her heart that she fost a child,REMEDIAL LAW 1. Anna filed a petition for appointment as regular administratrix of her fathers’ estate. Her sister Sophia moved to dismiss the Petition on the ground that the parties, as members of the same family, have not exerted earnest effort toward a compromise prior to the filing of the petition. Should the petition be dismissed? A. Yes, since such eamest effort is jurisdictional in all estate cases. B. No, since such earnest effort is not required in special proceedings. G. Yes, since such eamest effort is required prior to the fling of the case. D. No, since such eamest effort toward a compromise is not required in summary proceedings. 2. A pending criminal cass, dismissed provisionally, shall be deemed permanently dismissed if not revived ater 2 years wth respect to offenses punishable by imprisonment ‘A. of more than 12 years, B. not exceeding 6 years or a fine not exceeding 4,000.00. C._ of more than 6 years or a fine in excess of P1,000.00. 1D. of more than 6 years. ‘3. Angie was convicted of false testiriony and served sentence, Five years later, she was convicted of homicide. On appeal, she applied for bail. May the Court of Appeals deny her application {or bail on ground of habitual delinquency? A. Yes, the felonies are both punishable under the Revised Penal Coce. 8. Yes, her twin convictions indicated ner criminal inclinations, ©. No, the felonies fall under diferent titles in the Revised Penal Code. . No, the charges are both baiabe. 4. Which of the following is NOT CONSISTENT with the rules governing expropriation proceedings? ‘A. The court shall deciare the defendant who fails to answer the complaint in default and render judgment against him. 8. The court shall refer the case to the Board of Commissioners to determine, the amount of just compensation. ©. The plaintif shall make the required deposit and forthwith take immediate possession of the property ‘sought to be expropriated, D. The plaintit may appropriate the property for public use after judgment and payment of the compensation fixed in it, despite defendant's appeal. 5. Which of the following is a correct statement of the rule on amendment ofthe information in a criminal proceeding? ‘A. An amendment that downgrades the offense requires leave of court even 2efore the accused pleads, 8. Substantial amendments are allowed with leave of ‘court before the accused pleads. ©. Only formal amencments are permissible before the accused pleads. Remedial taw ET D. After the plea, @ formal amendment may be made without leave of court. 6. Gary who lived in Taguig borrowed P1 million from Rey >= lived in Makati under a contract of loan that fixed Makati as i. ‘venue of any action arising from the contract. Gary had alt paid the loan but Rey kept on sending him letters of demand for ‘some balance. Where is the venue of the action for harassment that Gary wants to file against Rey? A. In Makati since the intent of the patty is to make it : venue of any action between them whether based on the contract or not B. In Taguig or Makat at the option of Gary since it is a personal injury action. ©. In Taguig since Rey recelved the letters of demand there. D. In Makati since itis the venue fixed in their contract. 7. Which of the folowing is NOT within the power of a judicial receiver to perform? ‘A. Bring an action in his name. B. Compromise a claim. C. Divide the residual money in his hands among the persons legally entited to the same. ._ Invest the funds in his hands without court approval 8 Which of the following precepts forms part of the rules ‘governing small aime” A. Permissive counterctaim is not allowed. B. The court shall render its decision within 3 days after hearing, ©. Joinder of separate claims is not allowed. . Motion to declare defendant in defaults allowed. 9. The Metropolitan Trial Court convicted Virglio and Dina of concubinage. Pending appeal. they applied for bail, claiming they are entiied twitas a matter of ight Is their claim correct? > ‘No, bail is not @ matte of right ater conviction. B. Yes, bail is a matter of right in all cases not involving moral turgitude. C.__No, bail is dependent on the risk of fight. 1D. Yes, bail is & matter of right in the Metropolitan Tila Coutt before and after conviction. 10. As a rule, the judge shall racsive the evidence personally. In Which of the following circumstances may the court delegate the reception of evidence to the clerk of court? ‘A When a question of fact arises upon 2 motion. 8. When the tial of an issue of fact requires the ‘examination of a long account. ._ Indefautt or ex-parte hearings. D. Upon motion ofa party on reasonable grounds.11. Which of the following i in accord with the applicable rules con receivership? ‘A. The court may appoint the plain as receiver of the property in tigation over the defendants objection 8. A receiver may be appointed after judgment if the judament obtigor refuses to appl his property to satisfy the judgment . The tial court cannot appoint a receiver when the case 's on eppeal D. The fling of bond on appointment of @ receiver is mainly optional. 12. Bearing in mind the distinction between private and public document, which of the fellowing is admissible in evidence without further proof of due execution or genuineness? ‘A. Baptismal certitcates. B. Official record of the Philippine Embassy in Singapore certified by the Vice-Consul with oficial seal ©. Documents acknowledged before a Notary Public in Hong Kong. D. Unblemished receipt dated December 20, 1985 signed. by the promise, showing payment of a loan, found ‘among the well-kept fie of the promissor. 13. Ramon witnessed the commission of a crime but he refuses {0 testty for fear of his life despite a subpoena being served on him. Can the court punish him for contempt? A No, since no person can be compelled to be a withess against another, 8. Yes," since public interest in justice requires his testimony. ._No, since Ramon has e valid reason for not testiying. D. Yes, since litgants need help in presenting thelr cases, 14. The right to intervene is not absolute. In general, it CANNOT. be allowed where ‘A. the intervenor has a common interest with any of the patties. B. it would enlarge the issues and expand the scope of the remedies, C._ the intervenor fails to put up @ bond for the protection, of the other parties. D. the intervenor has a stake in the property subject of the suit. 15. Which of the following grounds for dismissal invoked by the court will NOT PRECLUDE the plaintiff from refling his action? A. Res judicata, B. Lack of jurisdiction over the subject matter. ©. Unenforceability under the Statutes of Fraud. D. Prescription, 16. When may a co-owner NOT demand the partition of the thing owned in common? ‘A. When the creditor of one of the co-owners has attached the property B._ When the property is essentially indivisible, ©. When related co-owners agreed to keep the property, within the family, D. When a co-owner uses the property as his residence, Remedial Le 17. The city prosecutor of Manila filed, upon Soledad's ‘complaint, 2 criminal action for estafa against her sister, Wella, before the RTC of Manila for selling to Victor a land that «1 Previously sold to Soledad. At the same time Soledad * ‘vil action to annul the second sale before the RTC of G. Gity. May the Manila RTC motu propio suspend the criminal ‘ction on ground of prejudicial question? A. Yes, if it may be clearly inferred that complainant will ‘ot object to the suspension of the criminal case, B. No, the accused must file a motion to suspe::’ action based on prejudicial question. ©. Yes, if it finds from the record that such prejudicial question exists. D. Yes, if itis convinced that due process and fair trial will be better served ifthe criminal case is suspended. 18. Which of the following conforms to the applicable rule on replevin? A. The applicant must fle a bond executed to the adver: party in an amount equal to the value of the property 28 determined by the court. 8. The propery has been wrongfully detained by the adverse party. ©. The applicant has a contingent claim over the property object of the wait D. The plaintif may apply for the writ at any time before judgment. 19. Geny sued XYZ Bus Co. and Rico, its bus driver, for injuries, Gen suffered when their bus ran off the road and hit him, Of the two defendants, only XYZ Bus Co. filed an answer, alleging that its bus ran off the road because one of its wheels got ‘caught in an open manhole, causing the bus to swerve without the driver's fault. Someone had stolen the manhole cover and the road gave no warning of the danger it posed, On Gerry's motion and over the objection of XYZ Bus Co, the court declared Rico, the bus diver, in default and rendered judgment ‘ordering him to pay P50,000 in damages to Gerry. Did the court ‘act correctly? ‘A. No, since the court shouid have tried the case against both defendants upon the bus company's answer. B. No, the court should have dropped Rico as defendant since the moneyed defendant is the bus company. ©. Yes, the court can, under the rules, render judgment against the defendant deciared in default. D. Yes, since, in falling to answer, Rico may be deemed to have admitted the allegations in the complaint 20. Which cf the following has NO PLACE in an application for a feplevin order? A statement ‘A. that the propery is wrongfully detained by the adverse party B. that the property has not been distrained for a tax assessment or placed under custodia legis, C._ sfthe assessed value of the property D. that the applicant owns or has @ right to the possession of the property a21. In which of the following instances is the quantum of evidence ERRONEOUSLY applied? ‘Ain Wilt of Amparo cases, substantial evidence. B. to satisty the ourden of proof in civil cases, preponderance of evidence. ©. to overcome a cisputable presumption, clear and convincing evidence. D. to rebut the presumptive validity of a notarial document, substantial evidence. 22. The accused jumps bail and faits to appear on promulgation of judgment where he is found guilty. What is the consequence of his absence? ‘A Counsel may appeal the judgment in the absence of the accused, B. The judgment shat be promulgated in hie absence and he loses his right of appeal. ©. The promulgation of the judoment shall be suspended unt he is brought o the jurisdiction of the court. D. The judgment shal be void. 23. What should the court sheriff do if third party serves on bim an affidavit of tai ‘covering the property he had levied? ‘A. Ask the judgment obligee to file @ court-approved indemnity bond in favor of the third-party claimant or the sheriff will eleese the leyied property. B. Ask the judgment obligee tole a court-approved bond {or the sheriffs protection in case he proceeds with the execution, C. Immediately lit the levy and release the levied property D. Ask the third-party slsimant to support his claim with an indemnity bond in favor of the judgment obligee and release the levied groperty if such bond is filed, 24. Which of the following is NOT REGARDED as a sufficient ‘roof of personal service of pleadings? Official return of the server. Registered mail receipt. ‘Witten admission of the party served Affidavit of the server with a statement of the date, place and marner of service. pop> 25. A sued B for ejectment. Pending tial, B died, survived by his '30n, C. No substitution of party defendant was made, Upon finality of the judgment against . B, may the same be enforced against C? A. Yes, because the case survived B's death and the effect of final judgment in an ejectment case binds his ‘successors in-intorest. B. No, because C was denied due process, C. Yes, because the negligence of B's counsel in failing to ‘askfor substitution, should not prejudice A. No, because the action did not'survive B's death, 28. What is the proper remedy to secure relief from the final resolutions of the Commission On Audit? A 8. c. ©. Petition for review on certiorari with the Supreme Court Special civil action of certiorari with the Court of Appeals, ‘Special civil action of cerforari with the Supreme Court ‘Appeal to the Court of Appeals, Remedial Low [EE 27. Which of the following is a duty enjoined on the guardian ‘and covered by his bond? ‘A. Provide for the proper care, custody, and edu i+ ~ the ward. 8. Ensure the wise and profitable investmen: ward's financial resources. ©. Collect compensation for his services to the ward. 1. Raise the ward to become a responsible member of society. 28. Berto was charged with and convicted of violating a city ‘ordinance against littering in public places punishable by imprisonment of one month or @ fine of 1,000.00. But the city ‘mayor pardoned him. A year later, he was charged with violating @ ity ordinance against jaywalking which carried the same penalty. Need Berto post bail for such offense? A. Yes, his previous conviction requires posting of bail for the present charge. B. Yes, since he may be deemed to have violated the terms of his pardon. G. No, because he is presumed innocent until proven otherwise. D. No, one charged with the violation of a city ordinance is Rot required to post bail, notwithstanding a previous Pardon. 28. Which of the following claims survive the death of the defendant arid need not be presented as a claim against the estate? ‘A. Contingent money claims atising from contract B. Unenforced money judgment against the decedent with death occurring before levy on execution of the Property, C. Claims for damages arising from quasi-datict. 1D. Claims for funeral expenses. 0. in a case, the prosecutor asked the medical expert the question, “Assuming that the assailant was behin” ths deceased belore he attacked him, would you say that treachery attended the kiling?* Is this hypothetical question permissible? ‘A. No, since it asks for his legal opinion, B. Yes, but concitionally, subject to subsequent proof that the assailant was indeed behind the deceased =! that time. ©. Yes, since hypothetical questions may be asked of an expert witness. D. No, since the medical expert has no personal knowledge of the fact. 31. The city prosecutor charged Ben with serious physical injuries for stabbing Terence. He was tried and convicted as charged. A few days later, Terence died due to severe infection of his stab wounds, Can the prosecution file another inform- against Ben for homicide? ‘A. Yes, since Terence’s death shows irregularity in the filing of the earlier charge against him B. No, double jeopardy is present since Ben had already been convicted of the first offense. C. No, there is double jeopardy since serious rt injuries is necessarily included in the oh homicide. D. Yes, since supervening event altered the kind of -csae the accused committed.Bolter arate eta oa WM seen cect er Fercelte yy igo te a ey Seat aca eel oe oe on intel oe Lee ; ‘A. Mo. a broach ofthe chain of custody rule in drug cases, it Satisfactonly explained, wil not negate convichon: 8 No, breaci ofthe chain of custody rule may be offet by presentation in court of the druge © Yee, chain of cusiogy in drug cases must be sticty confiscated items. © Yes. compliance with the chain of custody rule in rug apes js_the only way to prove the accusedts guit ‘beyond reasonable doubt venue? u A. Yes, ‘since causes of action pertaining to ctferent venues may not be joinedin one acon, 5. No, since causes of action pertaining to diferent Venues may be joined in the RTC if one of the career a of action falls within its jurisdiction, © Yes, because special civil action may not be joined ‘ith'an ordinary cil action NNo, ‘since plain! may unqualifedly join in one g complaint as trany causes of action as he has agerns 4. What isthe doctine of judicial stablty or non interference? ‘A Once jurisdicton has attached to a cour, it can not be deprived of it by subsequent happenings or events 5. Courts will not hear and decide cases Involving raues ©. No court has the authority to interfere by injunction with re judgment of another court of coordinate juriecietion B.A Naher court will not entertain rect resort toi unlocs the fedress sought cannot be obtained from te ‘appropriate court 3 Wich of the folowing admissione,made by @ party in the Course of judicial proceedings is a judicial edmisclon? ' A. Admissions made in 2 pleacing signed by the party ‘and his counsel intended to be fied, 8. An admission made in a pleading between the same partes, Admission made by counsel in open court Admissions made in a complain suporseded by an amended complaint another case “36, What dofenses may be raised in » suit to enforce a foreign judgment? A. That the judgments contrary to Philipgine procedural rules, 8. None, the judgment being entived to ful faith and erect a a matter of general comity among nations, © That the foreign ecutt erred in the appreciation of the Remedial Lay evidence, D. That extrinsic fraud affcted the judgment. Suara charged her husband, George, with bigamy for a pr sargigand Maniege with Teresa. Cindy presented Re aris that Goong, S00%9® and Teresa in Cebu City, to prove, he Sa, Gevtge and Teresa cohatited there and, seconds teh fhe pened 2 reputation as husband and wie, Can Cinch pen the bigamy by such evidence? A. Yes, the cieumstanial evidence is enough to suppo ‘conviction for bigamy. 8. No, atleast one direct evidence and two circumstantc Sridence are required to suppor a conviction he bigamy. SNe, the circumstantial evidence is not enough t ‘Support a conviction for bigamy. ©. No, the cleumstantal evidence cannot overcome the lack of direct evidence in any criminal case. 25. Te Prove payment of a debt, Bong testited that he heard ‘rimbe 82y, 8 the letter was handing over money to Tessie, that A peri whet Ambo said end cide an independently folevant statement. 5. No, since what Ambo said and did was not in response to a stenting occurrence, S.No since Bong’s testimony of what Ambo said and did Des, since Ambo's statement and ecton, subject of Bong's testimony, constitutes a verbal act, Princo sidering the qualifications required of a would-be ‘ness, who among the fllowing is INCOMPETENT to testy ‘A A petson under the influence of drugs when the event he is asked to testily on took place. 5. A Berson convicted of perjury who will testy ae an attesting witness to a will ©. Adeaf and dumb, D. Amental retardate, fo. {uthur, @ resident foreigner sold his car to Bren, After being rein Defte delivering the car, Arthur eplaced ts omens inaner (b) he departed from the Philippines; and tc) he wan uilly of fraud in contracting with Bren, {5 the writ of preliminary attachment proper? ‘A No, Arthur is a foreigner living abroad; he is outside the Court's jurisdiction, 8 Yes, Arthur committed traud in changing the sound system and its components before delivering the car bought from him, © Yes the timing of his departure is presumpts'» evidence of intent to defraud. No, since it was not shown that Arthur left the country With intent to defraud Bren.41. What is the movant's remedy if the trial court incorrectly denies his motion to dismiss and related motion for reconsideration? ‘A. Answer the complaint. B. File an administrative action for gross ignorance of the law against the tial judge, ©. File @ special cil action of certiorari on ground of grave abuse of discretion. D. Appeal the orders of denial 42. During ttiel, plaintiff offered evidence that appeared invelevant at that time but he said he was eventually going to felate to the issue in the ase by some future evidence. The defendant objected. Should the trial court reject the evidence in ‘question on ground of irrelevance? ‘A. No, it should reserve its ruling until the relevance is shown, B. Yes, since the flaintif could anyway subsequently present the evidence anew. ©. Yes, since irrelevant evidence is not admissible, . No, it should admt it conditionally until its relevance is shown, 43, Ben testified that Joime, charged with robbery, has ‘committed bag-snatching three times on the same street in the last six months. Can the court admitjhis testimony as evidence against Jaime? ‘A. No, since there is ro showing that Ben witnessed the past three robberies. proving his guilt of he present offense, No, since evidence of guitt of a past crime is not evidence of gui of present crime. 8. C. Yes, as evidence of a patter of criminal behavior D. 44. What is the right correlation between @ criminal action and a ppetiion for Wht of Amparo both arising from the came set of facts? ‘A. When the criminal action is fled after the Amparo petition, the later shall be dismissed. 8. The proceeding in an Amparo petition is criminal in nature. ©. No separate criminal action may be instituted after an ‘Amparo petton is fled. . D. When the crimina action. is filed after the Amparo petiton, the later snail be consolidated with the first. 45. Alex filed a petition for writ of amparo against Melba relatve to his daughter Tons involuntary disappearance. Alex said that Melba was Toni's empoyer, who, days before Toni disappeared, threatened to get tid of her at all costs. On the other hand, Melba countered that she had nothing to do with Tons disappearance and that she took steps to ascertain Toni's whereabouts. What is the quantum of evidence required to establish the parties’ respective claims? ‘A For Alex, probable cause; for Melba, substantial ‘evidence. B. For Alex, preponderance of evidence; for Melba, substantial evidence. C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence. Remedial Law [EJ D. For both, substantial evidence, 46. In which of the following situations is the declaration of a deceased person against his interest NOT ADMISSIBLE agali::! him or his successors and against third persona? ‘A. Declaration of a joint debtor while the debt subsisted. B._Dectaration of a joint owner in the caurse of ownership. . Declaration of a former co-partner after the partnership hhas been dissolved. D. Declaration of an agent within the scope of his authority. 47._Defendant Dante said in his answer. “1. Plaintiff Perta aims that defendant Dante owes her P4,000 on the mobile hone that she sold him; 2. But Perla owes Dante P6,000 for the dent on his car that she borrowed." How should the court treat the second statement? A Actoss claim B. Acompuisory counterclaim ©. Athird party complaint D. Apermissive counterclaim 48. How will the court sheriff enforce the demolition of improvernents? A He will give a 5-day notice to the judgment obligor and, if the latter does not comply, the sheriff will have the improvements forcibly demolished. 8. He will report to the court the judgment obligor’s refusal to comply and have the latter cited in contempt of coutt. ©. He will demclish the improvements on special ordar of the court, obtained at the judgment obligee’s motion, ©. He will inform the court of the judgment obigor's noncompliance and proceed io demolish» the improvements, 49. When may the bail of the accused be cancelled at the instance of the bondsman? ‘A When the accused jumps bail, B. When the bondsman surrenders the accused to the court ©. When the accused fails, to pay his annual premium on the bail bond, D. When the accused changes his address without notice tothe bondsman. 50, Which of the following MISSTATES a requisite for the issuance of a search warrant? ‘A. The warrant specifically describes the place io be ‘searched and the things to be seized. 8. Presence of probable cause. ©. The warrant issues in connection with one spectic offense. D. Judge determines probable cause upon the affidavits ¢ of the complainant and his witnesses,51, Ranger Motors fled a replevin suit against Bart to recover possession of a car that he mortgaged to it. Bart disputed the claim. Meantime, the court allowed, with no opposition from the parties, Midway Repair Shop to intervene with its claim against Bart for unpaid repair bills. On subsequent motion of Ranger Motors and Bart, the court dismissed the complaint as well as ‘Midway Repair Shop's inte-vention. Did the court act correctly? A. No, since the dismissal of the intervention bars the right of Bart to file a separate action. B._ Yes, intervention is merely collateral to the principal action and not an independent proceeding. ©. Yes, the right of the intervenor is merely in aid of the right of the original party, which in this case had coased to exist D. No, since having been allowed to intervene, the intervenor becams a party to the action, entitled to have the issue it raised tried and decided. 52. The accused was convicted for estafa thru falsification of public document filed by one of two offended parties. Can the ‘other offended party charge him again with the same crime? ‘A. Yes, since the wrong done the second offended party is a separate cme, 8. No, since the offense refers to the same series of act, prompted by one criminal intent. G._ Yes, since the second offended party is entitied to the Vindication of the wrong dong him 2s well D. No, since the secand offendéd party is in estoppel, not having joined the first criminal action, ‘53, Henry testified that a month after the robbery Asiong, one of the accused, told him that Carlos was one of those who ‘committed the atime with him. Is Henry's testimony regarding what Asiong told him admissible in ‘evidence against Carlos? A. No, since itis hearsay. B. No, since Asiong did not make the statement during the conspiracy. C. Yes, since it constitutes admission against @ co- ‘conspirator. 1D. Yes, since it part ofthe res gestae. ‘54, Dorothy filed a petition for writ of habeas corpus against her hhusband, Roy, to get from him custody of their 5 year old son, eff. The court granted the petition and required Roy to turn over Jeff to his mother. Roy sought reconsideration but the court denied it. He fled a notice of appeal five days from receipt of the order denying his motion for reconsideration. Did he fie a timely notice of appeal? A. No, since he filed it more than 2 days after receipt of the decision granting the petition, B. No, since he filed it more than 2 days after receipt of the order denying his motion for reconsideration, C. Yes, since he filed it within 15 days from receipt of the pleintffs notice applies and the two cases ir... change in name. 2 9 o> 56. A complaint without the required “verification” ‘A. shall be treated as unsigned, 8. lacks a juriscictional requirement. C. isasham pleading D. is considered not fled and should be expunged. 57. The decisions of the Commission on Elections or t! ‘Commission on Audit may be challenged by ‘A. petition for review on certiorari fled with the Supreme Court under Rule 45. B. petition for review on certiorari fled with the Court 6: ‘Appeals under Rule 42. . appeal to the Supreme Court under Rule 54, D._ special civil action of certiorari under Rule 65 filed with the Supreme Court 58, Which of the following states a correct guideline in nearing ‘applications for bal in capital offenses? ‘A. The hearing for bail in capital offenses is summary; the court does not st to try the merits of the case, 8. The prosecution's conformity to the accused's motion for bail is proof that its evidence of his guitt is not strong, ©. The accused, as applicant for bail, carries the burden of showing that the prosecution's evidence of his guilt isnot strong. 1D. The prosecution must have full opportunity to prove the ‘guilt of the accused. ‘39, Apart from the case for the settlement of her parents’ estate, Betty filed an action against her sister, Sigma, for reconveyance of tite to a piece of land. Betty claimed that Sigma forged the ‘signatures of their late parents to make it appear that they sold the land to her when they did not, thus prejudicing Betty's legitime. Sigma moved to dismiss the action on the ground that the dispute should be resolved in the estate proceedings. Is ‘Sigma correct? A. Yes, questions of collation should be resoived in the estate proceedings, not in a separate civil case, B._No, since questions of ownership of property cannot o> resolved in the estate proceedings. C. Yes, in the sense that Betty needs to wait untl the estate case has been terminated. D. No, the filing of the separate action is proper; but the estate proceeding must be suspended meantime.60. What is the consequence of the unjustified absence of the defendant at the pre-trial? ‘A. The tial court shall dectare him as in default. 8 The tial court shall immediately render judgment against him. ©. The trial cout shall allow the plaintiff to present evidence ex-parte ©. The trial court shall expunge his answer from the record. 61. What is the remedy of the accused if the tal court erroneously denies his motion for preliminary investigation of the charge against him? ‘A. Wait for judgment and, on appeal from it, assign such denial as error. 8. None since such order is final and executory C. Ask for reconsideration; if denied, file petition for certiorari and protibiton, . Appeal the order denying the motion for preliminary investigation. 62. Which of the following renders @ complaint for uniewful detainer deficient? ‘A. The defendant claims that he owns’ the subject propery 8. The plaintiff has tclerated defendant's possession for 2 years before demanding thathe vacate C. The plaintiff's demand is for the lessee to pay back rentals or vacate. 1. The lessor institules the action againat a lessee who has not paid the sfpulatad rent. 63. In a judicial foreclosure proceeding, under which of the following instances is the court NOT ALLOWED to rendet deficiency judgment forthe plaintiff? ‘A Ifthe mortgagee is @ banking insttution. 8. if upon the mortgagor's death during the proceeding, the mortgagee submits his claim in the estate proceeding. . If the mortgagor is @ third party who is not solidarily, liable with the debtor. ©, If the mortgagor is @ non-resident person and cannot be found in the Philippines. 664. in which ofthe following cases is the plaintiff the real party in Interest? . A. A.creditor of one of the co-owners of a parcel of land, ‘suing for partition B. An agent acting in his own name suing for the benefit of a disclosed principal ©. Assignee of the lessor in an action for uniawful detainer D. An administrator suing for damages arising from the death of the decedent “ 65. The defendant in an acion for sum of money filed a motion to dsmiss the complaint on the ground of improper venue. After hearing, the court deniec the motion. In his answer, the defendant claimed prescription of action as affirmative defense, Citing the date alleged in the complaint when the cause of act accrued. May the court, after hearing, dismiss the action on ‘ground of prescription? Remedial taw [RP Yes, because prescription is an exception to the iue ‘on Omnibus Motion. No, because affirmative defenses are barred by the cartier motion to dismiss, Yes, because the defense of prescription of action can be raised at anytime before the finality of judgment. D._No, because ofthe rule on Omnibus Motion. 9B > 66. What is the effect of the failure of the accused to file a ‘motion to quash an information that charges two offenses? A. He may be convicted only of the more serious offense. B._He may in general be convicted of both offenses. C. The tial shallbe void, 1D. He may be convicted only of the lesser offense. 67. Which of the following is a correct application of the rules involved in consalidation of cases? ‘A. Consolidation of cases pending in different divisions of ‘an appellate coutt is not allowed. B. The court in which several cases are pending involving ‘commen questions of law and facts may hear intially the principal case and suspend the hearing in the other ©. Consolidation of cases pending in different branches or different courts is not permissible. D. The consolidation of cases is done only for tial purposes and not for appeal 68, Summons was served on *MCM Theater,” a business entity with no juridical personality, through its office manager at its place of business. Did the court acquire jurisdiction over MCM Theater's owners? Yes, an unregistered entity like MCM Theater may be served with summons through its office manager. No, because MCM has no juridical personality and ‘cannot be sued. No, since the real patties in interest, the owners of MCM Theater, have not been served with summons. Yes since MCM, as business entity, is a de facto partnership with juridical personality. po w> 69, Fraud as a ground for new trial must be extrinsic as distinguished from intrinsic. Which of the following constitutes cexttinsic fraud? A. Collusive suppression by plaintiff's counsel of a ‘material evidence vital to his cause of action B. Use of petjured testimony at the tial CC. The defendant’ ‘rauduient representation that cauced damage to the plaintiff. D. Use of falsified documents during the tril 70. Upon review, the Secretary of Justice ordered the public ‘prosecutor to file a motion to withdraw the information for estafs against Sagun for lack of probable cause. The public prosecutor ‘complied. Is the trial court bound to grant the withdrawal?” A. Yes, since the prosecution of an action is a prerogative: of the public prosecutor. B. No, since the complainant has already acquired a vested right in the information C._ No, since the court lias the power after the case is f to itself determine probable cause. 1D. Yes, since the decision of the Secretary of Justice criminal matters is binding on courts.