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Bar Examination Questionnaire for Labor Law

Set A
1. The unions by-laws provided for burial assistance to the family of a member
who dies. When Carlos, a member, died, the union denied his wife's claim for
burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming
the wife wins the case, may she also claim attorney's fees?
A. No, since the legal services rendered has no connection to CBA negotiation.
B. Yes, since the union should have provided her the assistance of a lawyer.
C. No, since burial assistance is not the equivalent of wages.
D. Yes, since award of attorney's fee is not limited to cases of withholding of
wages.
2. Pol requested Obet, a union officer and concurrently chairman of the
company's Labor-Management Council, to appeal to the company for a
recomputation of Pols overtime pay. After 5 p.m., his usual knock-off time, Obet
spent two hours at the Personnel Office, reconciling the differing computations of
Pols overtime. Are those two hours compensable?
A. Yes, because Obet performed work within the company premises.
B. No, since Obets action has nothing to do with his regular work assignment.
C. No, because the matter could have been resolved in the labor-management
council of which he is the chairman.
D. Yes, because the time he spent on grievance meetings is considered hours
worked.
3. The Labor Code on retirement pay expands the term one-half () month
salary because it means
A. 15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of
service incentive leave.
B. 15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five
days service incentive leave.
C. 15 days pay plus a full 13th month pay.
D. 15 calendar days' pay per year of service plus allowances received during the
retirement year.
4. A foreign guest in a luxury hotel complained that he lost certain valuable items

in his hotel room. An investigation by the hotel pointed to two roomboys as the
most probable thieves. May the management invoke loss of confidence as a
just cause for dismissing the roomboys?
A. No, loss of confidence as reason for dismissal does not apply to rank and file
employees.
B. No, loss of confidence applies only to confidential positions.
C. Yes, loss of confidence is broad enough to cover all dishonest acts of
employee.
D. RIGHT ANSWER Yes, loss of confidence applies to employees who are
charged with the care and custody of the employer's property.
5. Tower Placement Agency supplies manpower to Lucas Candy Factory to do
work usually necessary for work done at its factory. After working there for more
than two years under the factory managers supervision, the workers demanded
that Lucas extend to them the same employment benefits that their directly hired
workers enjoyed. Is their demand valid?Bar Examination Questionnaire for Labor
Law
Set A
A. Yes, since it was Lucas that actually hired and supervised them to work at its
factory.
B. No, since the agency workers are not employees of the client factory.
C. Yes, since they have been working at the factory in excess of two years.
D. No, since it was the placement agency that got them their jobs.
6. Both apprenticeship and learnership are government programs to provide
practical on-the-job training to new workers. How do they differ with respect to
period of training?.
A. In highly technical industries, apprenticeship can exceed 6 months;
learnership can exceed one year.
B. Apprenticeship cannot exceed 6 months; learnership can.
C. Apprenticeship shall not exceed six months; while learnership shall not exceed
three months.
D. The law lets the employer and the apprentice agree on the apprenticeship
period; but the law fixes learnership period at six months in non-technical

industries.
7. Venus Department Store decided to contract out the security services that its
10 direct-hired full-time security guards provided. The company paid the men
separation pay. With this move, the Store was able to cut costs and secure
efficient outside professional security services. But the terminated security
guards complained of illegal dismissal, claiming that regular jobs such as theirs
could not be contracted out. Will their complaint prosper?
A. No. the management has the right to contract out jobs to secure efficient and
economical operations.
B. Yes. They should be reinstated or absorbed by the security agency as its
employees.
C. No. They are estopped from demanding reinstatement after receiving their
separation pay.
D. Yes. The company cannot contract out regular jobs such as they had.
8. Although both are training programs, apprenticeship is different from
learnership in that
A. a learner may be paid 25% less than the legal minimum wage while an
apprentice is entitled to the minimum wage.
B. apprenticeship has to be covered by a written agreement; no such formality is
needed in learnership.
C. in learnership, the employer undertakes to make the learner a regular
employee; in apprenticeship, no such undertaking.
D. a learner is deemed a regular employee if terminated without his fault within
one month of training; an apprentice attains employment status after six months
of apprenticeship.
9. A golf and country club outsourced the jobs in its food and beverage
department and offered the affected employees an early retirement package of 1
months pay for each year of service. The employees who accepted the
package executed quitclaims. Thereafter, employees of a service contractor
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Set A
performed their jobs. Subsequently, the management contracted with other job

contractors to provide other services like the maintenance of physical facilities,


golf operations, and administrative and support services. Some of the separated
employees who signed quitclaims later filed complaints for illegal dismissal.
Were they validly dismissed?
A. Yes. The jobs were given to job contractors, not to labor-only contractors, and
the dismissed employees received higher separation pay than the law required.
B. No. The outsourcing and the employment termination were invalid since the
management failed to show that it suffered severe financial losses.
C. No. Since the outsourcing of jobs in several departments entailed the
separation of many employees, the club needed the Secretary of Labors
approval of its actions.
D. No. Since the outsourced jobs were held by old-time regular employees, it
was illegal for the club to terminate them and give the jobs to others.
10. Sampaguita Company wants to embark on a retrenchment program in view
of declining sales. It identified five employees that it needed to separate. The
human resource manager seems to recall that she has to give the five
employees and the DOLE a 30-day notice but she feels that she can give a
shorter notice. What will you advise her?
A. Instead of giving a 30-day notice, she can just give a 30-day advanced salary
and make the separation effective immediately.
B. So long as she gave DOLE a 30-day prior notice, she can give the employees
a shorter notice.
C. The 30-day advance notice to the employee and the DOLE cannot be
shortened even with a 30-day advance salary.
D. She can give a shorter notice if the retrenchment is due to severe and
substantial losses.
11. Under the Labor Code, its provisions on working conditions, including the
eight-hour work day rule, do not apply to domestic helpers. Does it follow from
this that a domestic helper's workday is not limited by law?
A. No, since a domestic helper cannot be required to work more than ten hours a
day.
B. Yes, since a domestic helper's hours of work depend on the need of the

household he or she works for.


C. No, because a domestic helper is legally entitled to overtime pay after ten
hours of work.
D. 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
hired by a high company official but paid for by the company to clean and
maintain his staff house is regarded as
A. a person rendering personal service to another.
B. a regular company employee.
C. a family member.
D. domestic helper.
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Set A
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
slowdown. Contending that the slowdown was in fact an illegal strike, the
employer dismissed all the union officers. The union president complained of
illegal 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 presidents part in slowdown.
C. No. When a strike is illegal, the management has the right to dismiss the
union president.
D. No. As the union president, it may be assumed that he led the slowdown.
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
be union members because of the confidential nature of their work, the
management discontinued deducting union dues from their salaries. Is the
managements action legal?

A. No, only managers are prohibited from joining unions; the law does not bar
confidential employees from joining unions.
B. No, confidential employees are those who assist persons who formulate,
determine, or enforce management policies in the field of labor relations.
C. Yes, secretaries and clerks of company executives are extensions of the
management and, therefore, should not join the union.
D. No, confidential employees are those who handle executive records and
payroll or serve as executive secretaries of top-level managers.
15. 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 a 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 has jurisdiction over all termination disputes.
B. Yes, it is the NLRC that has jurisdiction over disputes involving corporate
officers.
C. 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 was 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. basic salary plus the salary CBA increases during the pendency of his case.
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Set A
C. basic salary plus the increases mandated by wage orders issued during the
pendency of his case.
D. basic salary at the time of dismissal.
17. The meal time (lunch break) for the dining crew in Glorious Restaurant is

either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the
management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m.
to 1:30 p.m., without pay. Will the change be legal?
A. Yes, absent an 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.
C. Yes, the management has control of its operations.
D. No, because existing practice cannot be discontinued unilaterally.
18. The employees union in San Joaquin Enterprise continued their strike
despite a return to work order from the Secretary of Labor. Because of this
defiance, the employer dismissed the strikers. But the Labor Arbiter declared as
illegal the dismissal of those whose commission of unlawful acts had not been
proved. They were ordered immediately reinstated. The employer refused,
however, to reinstate them on the ground that the rule on immediate
reinstatement applies only to terminations due to just or authorized causes. Is
the employers refusal justified?
A. No, every employee found to have been illegally dismissed is entitled to
immediate reinstatement even pending appeal.
B. Yes. The employers refusal is legal and justified as a penalty for defying the
secretarys lawful order.
C. 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.
19. Llanas Corporation and Union X, the certified bargaining agent of its
employees, concluded a CBA for the period January 1, 2000 to December 31,
2004. But, long before the CBA expired, members of Union Y, the minority union,
showed dissatisfaction with the CBA under the belief that Union X was a
company union. Agitated by its members, Union Y filed a petition for a
Certification Election on December 1, 2002. Will the petition prosper?
A. No, such a petition can only be filed within the freedom period of the CBA.
B. No, since a petition for certification can be filed only upon the expiration of the
CBA.

C. Yes, a certification is the right remedy for ousting a company union.


D. Yes, employees should be allowed to cancel at the earliest opportunity a CBA
that they believed was obtained by a company union.
20. Is it correct to say that under Philippine law a househelper has no right to
security of tenure?
A. No, since a househelper can be dismissed only for just cause or when his
agreed period of employment ends.
B. Yes, since it is the employer who determines the period of his service.
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Set A
C. Yes, since a househelper can be dismissed with or without just cause.
D. No, since a househelper can be dismissed only for just cause, except when he
has been employed for a definite period not exceeding one year.
21. Reach-All, a marketing firm with operating capital of P100,000, supplied sales
persons to pharmaceutical companies to promote their products in hospitals and
doctors' offices. Reach-All trained these sales persons in the art of selling but it
is the client companies that taught them the pharmacological qualities of their
products. Reach-Alls roving supervisors monitored, assessed, and supervised
their work performance. Reach-All directly paid their salaries out of contractor's
fees it received. Under the circumstances, can the sales persons demand that
they be absorbed as employees of the pharmaceutical firms?
A. No, they are Reach-Alls employees since it has control over their work
performance.
B. Yes, since they receive training from the pharmaceutical companies regarding
the products they will promote.
C. No, since they are bound by the agency agreement between Reach-All and
the pharmaceutical companies.
D. Yes, since Reach-All does does not qualify as independent contractoremployer, its
clients being the source of the employees salaries.
22. Executive Order No. 180, which protects government employees, does NOT
apply to high-level employees, namely,
A. presidential appointees.

B. those performing policy-determining functions, excluding confidential


employees and supervisors.
C. confidential 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 of his or her job. Instead, the
househelper shall be paid
A. an indemnity equivalent to 15 days' pay plus compensation already earned.
B. a separation pay equivalent to one month's pay per year of service.
C. a separation pay equivalent to one-half month's pay per year of service.
D. 15 days' pay as indemnity plus wages lost from dismissal 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 it is 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 said that CBA increase is not creditable
as compliance to the Wage Order. Is the management's claim valid?
A. Yes, since creditability of the CBA increase is the free and deliberate
agreement and intention of the parties.
B. Yes, since the Wage Order cannot prejudice the managements vested interest
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Set A
in the provisions of the CBA.
C. No, disallowing creditability of CBA pay increase is 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
his rest day, which of the 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%
B. His regular daily wage multiplied by 200%
C. His regular daily wage plus 200%
D. His daily regular wage
26. The employees rights to organize and to bargain collectively are 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 a labor-management council exists.
B. if a labor-management council does not exist.
C. if a union exists and it agrees to the creation of a labor-management council.
D. whether or not a labor-management council exists.
27. If not used by the end of the year, the service incentive leave shall be
A. carried over to the next year.
B. converted to its money equivalent.
C. forfeited.
D. converted to cash and paid when the employee resigns or retires.
28. An employee is NOT entitled to financial assistance in cases of legal
dismissal when the dismissal
A. is based on an offense reflecting the depraved character of the employee.
B. is based on serious misconduct or breach of the employer's trust.
C. is grounded on any of the just causes provided by the Labor Code.
D. when the employee has less than 10 years of service.
29. In a work-related environment, sexual harassment is committed when
A. the offender has authority, influence, or moral ascendancy over his
subordinate victim.
B. the victims continued employment is conditioned on sexual favor from her.
C. the female victim grants the demand for sexual favor against her will.
D. the victim is not hired because she turned down the demand for sexual favor.
30. Government employees may elect a union as their exclusive representative
but this right is not available to
A. regular employees in government instrumentalities and agencies.

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Set A
B. employees of government-owned and -controlled corporations without original
charters.
C. employees of government-owned-or-conrolled corporations with original
charters.
D. employees of provincial and local government units.
31. Celia, an OFW that Moonshine Agency recruited and deployed, 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 and the employers uncaring attitude makes them liable for
such damages.
B. Yes, but only the principal is liable for such damages since the agency had
nothing to do with Celias death.
C. No, since her death is not at all work-related.
D. No, since her death is not attributable to any act of the agency or the
employer.
32. When the employer or his representative hurls serious insult on the honor or
person of the employee, the law says that the employee
A. may leave work after at least a five-day notice to the employer.
B. may leave work at any time and file for constructive dismissal.
C. may leave work without giving a 30-day notice to the employer.
D. may abandon his job at once.
33. A sugar mill in Laguna, capitalized at P300 million, suffered a P10,000.00
loss last year. This year it dismissed three young female employees who gave
birth 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 mills 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.
D. 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
basis. 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.
B. they fail to fill up time sheets.
C. the product pieces they do are not countable.
D. the piece rate formula accords with the labor departments approved rates.
35. An employer may require an employee to work on the employee's rest day
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Set A
A. to avoid irreparable loss to the employer.
B. only when there is a state of calamity.
C. provided he is paid an extra of at least 50% of his regular rate.
D. 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 settling labor disputes. To this end, the voluntary
arbitrators jurisdiction has not been limited to interpretation and implementation
of collective bargaining agreements and company personnel policies. It may
extend to all other labor disputes, provided
A. the extension does not cover cases of union busting.
B. the parties agreed to such extended jurisdiction.
C. the parties are allowed to appeal the voluntary arbitrator's decision.
D. the parties agreed in their CBA to broaden his jurisdiction.
37. Philworld, a POEA-licensed agency, recruited and deployed Mike with its
principal, Delta Construction Company in Dubai for a 2-year project job. After he
had worked for a year, Delta and Philworld terminated for unknown reason their
agency agreement. Delta stopped paying Mike's salary. When Mike returned to
the Philippines, he sued both Philworld and Delta for unpaid salary and

damages. May Philworld, the agency, be held liable?


A. No, since Philworld, the recruitment agency, is not the employer liable for
unpaid wages.
B. Yes, since the agency is equally liable with the foreign principal despite the
termination of their contract between them.
C. Yes, since the law makes the agency liable for the principals malicious refusal
to pay Mikes salary.
D. No, since Mike did not get paid only after Delta and Philworld terminated their
contract.
38. Melissa, a coffee shop worker of 5 months, requested her employer for 5
days' leave with pay to attend to the case that she filed against her husband for
physical assault two weeks earlier. May the employer deny her request for leave
with pay?
A. Yes, the reason being purely personal, approval depends on the employers
discretion and is without pay.
B. No, as victim of physical violence of her husband, she is entitled to five days
paid leave to attend to her action against him.
C. 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, resigned 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 P13,500.00 which
his employer refused to pay. He wants to claim this amount though he is not
interested in getting back his job. Where should he file his claim?
A. He should file his claim with the DSWD, which will eventually endorse it to the
right agency.
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Set A
B. Since he has no interest in reinstatement, he can file his claim with the office
of the regional director of the Department of Labor.
C. He should file his claim exceeding P5,000.00 with the office of the labor
arbiters, the regional arbitrators representing the NLRC.

D. He should go to the Employees Compensation Commission.


40. For labor, the Constitutionally adopted policy of promoting social justice in all
phases of national development means
A. the nationalization of the tools of production.
B. the periodic examination of laws for the common good.
C. the humanization of laws and equalization of economic forces.
D. the revision of laws to generate greater employment.
41. To avail himself of paternity leave with pay, when must the male employee file
his application for leave?
A. Within one week from the expected date of delivery by the wife.
B. Not later than one week after his wifes delivery or miscarriage
C. Within a reasonable time from the expected deliver date of his wife.
D. When a physician has already ascertained the date the wife will give birth.
42. The constitution promotes the principle of shared responsibility between
workers and employers, preferring the settlement of disputes through
A. compulsory arbitration.
B. collective bargaining.
C. voluntary modes, such as conciliation and mediation.
D. labor-management councils.
43. Which of the following is NOT a requisite for entitlement to paternity leave?
A. The employee is cohabiting with his wife when she gave birth or had a
miscarriage.
B. The employee is a regular or permanent employee.
C. The wife has given birth or suffered a miscarriage.
D. The employee is lawfully married to his wife.
44. Of the four grounds mentioned below, which one has been judicially affirmed
as justification for an employees refusal to follow an employers transfer order?
A. A transfer to another location is not in the employee's appointment paper.
B. The transfer deters the employee from exercising his right to self-organization.
C. The transfer will greatly inconvenience the employee and his family.
D. The transfer will result in additional housing and travel expenses for the
employee.

45. Of the four definitions below, which one does NOT fit the definition of solo
parent under the Solo Parents Welfare Act?
A. Solo parenthood while the other parent serves sentence for at least one year.
B. A woman who gives birth as a result of rape.
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Set A
C. Solo parenthood due to death of spouse.
D. Solo parenthood where the spouse left for abroad and fails to give support for
more than a year.
46. Albert and four others signed employment contracts with Reign Publishers
from January 1 to March 31, 2011 to help clear up encoding backlogs. By first
week of April 2011, however, they remained at work. On June 30 Reigns
manager notified them that their work would end that day. Do they have valid
reason to complain?
A. No, since fixed term employment, to which they agreed, is allowed.
B. Yes, their job was necessary and desirable to the employers business and,
therefore, they are regular employees.
C. Yes, when they worked beyond March without an extended fixed term
employment

contract, they became regular employees.

D. No, since the 3-month extension is allowed in such employment.


47. A handicapped worker may be hired as apprentice or learner, provided
A. he waives any claim to legal minimum wage.
B. his work is limited to apprenticeable job suitable to a handicapped worker.
C. he does not impede job performance in the operation for which he is hired.
D. he does not demand regular status as an employee.
48. The Secretary of Labor and Employment or his duly authorized
representative, including labor regulations officers, shall have access to
employer's records and premises during work hours. Why is this statement an
inaccurate statement of the law?
A. Because the power to inspect applies only to employer records, not to the
premises.
B. Because only the Secretary of Labor and Employment has the power to

inspect, and such power cannot be delegated.


C. Because the law allows inspection anytime of the day or night, not only during
work hours.
D. Because the power to inspect is already delegated to the DOLE regional
directors, not to labor regulations officers.
49. In industrial homework, the homeworker does at his home the work that his
employer requires of him, using employer-supplied materials. It differs from
regular factory work in the sense that
A. the workers are not allowed to form labor organizations.
B. the workers' pay is fixed by informal agreement between the workers and their
employer.
C. the workers are under very little supervision in the performance or method of
work.
D. the workers are simply called homeworkers, not employees, hence not
covered by the social security law.
50. Which of the following grounds exempts an enterprise from the service
incentive leave law?
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Set A
A. The employees already enjoy 15 days vacation leave with pay.
B. The employer's business has been suffering losses in the past three years.
C. The employer regularly employs seven employees or less.
D. The company is located in a special economic zone.
51. Which of the following acts is NOT considered unfair labor practice (ULP)?
A. Restraining employees in the exercise of the right to self-organization.
B. Union's interference with the employee's right to self-organization.
C. Refusal to bargain collectively with the employer.
D. Gross violation of the collective bargaining agreement by the union.
52. In computing for 13th month pay, Balagtas Company used as basis both the
employees regular base pay and the cash value of his unused vacation and sick
leaves. After two and a 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.
B. No, since the erroneous 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 only through a CBA negotiation.
53. Where the petition for a certification election in an unorganized establishment
is filed by a federation, it shall NOT be required to disclose the
A. names of the local 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 Portability 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 periods of membership shall be
A. credited only once.
B. credited in full.
C. proportionately reduced.
D. equally divided for the purpose of totalization.
55. Of the four tests below, which is the most determinative of the status of a
legitimate contractor-employer?
A. The contractor performs activities not directly related to the principal's main
business.
B. The contractor has substantial investments in tools, equipment, and other
devices.
C. The contractor does not merely recruit, supply, or place workers.
D. The contractor has direct control over the employees manner and method of
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Set A
work performance.
56. X Companys CBA grants each employee 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
withdrawn or reduced.
C. No, since the law does not prohibit a negotiated discontinuance of a CBA
benefit.
D. Yes, since such discontinuance will cancel the enjoyment of existing benefits.
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 is

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 differential is only for employees regularly assigned to night work.
C. while overtime pay is for work done beyond eight hours, night differential is
added to the overtime pay if the overtime work is done between 6:00 p.m. and 12
midnight.
D. while overtime pay is 25% additional 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 labor organization.
A. While the employees themselves form a labor organization, a legitimate
labor organization is formed at the initiative of a 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 file employees.
C. While a labor organization exists for a lawful purpose, a 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. Still 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 nonetheless proceeded. Does the management
panel's objection to the presence of the union counsel constitute unfair labor
practice through bad-faith bargaining?
A. Yes, the management is harping on a non-mandatory matter instead of
proceeding with the mandatory subjects of bargaining.
B. No, there is no bargaining in bad faith since the bargaining proceeded anyway.
C. Yes, the management panel has no legal basis for limiting the composition of
Page 13 of 17Bar Examination Questionnaire for Labor Law
Set A
the union negotiating panel.
D. No, since it is the union that violates the ground rules fashioned by the parties,
it is the one negotiating in bad faith.
60. Which of the 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 of an illegal recruiter
B. inspect premises, books and records
C. cancel license or authority to recruit
D. garnish recruiter's bond
61. Where there is a bargaining deadlock, who may file a notice of strike?
A. The majority members of the bargaining unit.
B. The recognized bargaining agent.
C. Any legitimate labor organization in the employers business.
D. The majority members of the bargaining union.
62. When a recruitment agency fails to deploy a recruit without valid reason and
without the recruit's fault, the agency is obligated to
A. reimburse the recruit's documentary and processing expenses.
B. reimburse the recruits expenses with 6% interest.
C. pay the recruit damages equivalent to one years salary.

D. 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 but issues no receipt.
B. The recruiter gives the impression that he is able to send the recruit abroad.
C. The recruiter has insufficient capital and has no fixed address.
D. The recruiter has no authority to recruit.
64. A group of 15 regular rank-and-file employees of Bay Resort formed and
registered an independent union. On hearing 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-regulars and
employees of a contractor makes the unions composition inappropriate and its
registration invalid. Is this correct?
A. Yes, union membership should be confined to direct-hired employees of the
company.
B. Yes, the community of interest criterion should be observed not only in the
composition of a bargaining unit but also in the membership of a union.
C. Yes, a union must have community of interest; the non-regulars do not have
such interest.
D. No, union membership may include non-regulars since it differs from
membership in a bargaining unit.
Page 14 of 17Bar Examination Questionnaire for Labor Law
Set A
65. Which is NOT a guideline for the dismissal of an employee on the ground of
loss of confidence?
A. Loss of confidence may not be arbitrarily invoked in the face of overwhelming
evidence to the contrary.
B. Loss of confidence as cause of dismissal should be expressly embodied in
written company rules.
C. The employee holds a position of trust and confidence.
D. Loss of confidence should not be simulated nor a mere afterthought to justify
earlier action taken in bad faith.

66. Pedring, Daniel, and Paul were employees of Delibakery who resigned from
their jobs but wanted to file money claims for unpaid wages and 13th month pay.
Pedrings claim totals P20,000.00, Daniels P3,000.00, and Pauls P22,000.00.
Daniel changed his mind and now also wants reinstatement because he resigned
only upon the instigation of Pedring and Paul. Where should they file their
claims?
A. With the DOLE regional director for Pedring and Pauls claims with no
reinstatement; with the labor arbiter for Daniels claim with reinstatement.
B. With the Office of the Regional Director of the Department of Labor for all
claims to avoid multiplicity of suits.
C. With a labor arbiter for all three complainants.
D. 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 or property?
A. Health personnel
B. Employees with first aid training
C. Security and safety personnel
D. Any employee
68. The management and Union X in Atisan Mining entered into a CBA for 1997
to 2001. After 6 months, a majority 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 CBAs 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
charged 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. Is the management right?
A. No. Refusal to comply with the CBAs economic provisions is not the only
ground for ULP; a disregard of 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.


C. 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
Page 15 of 17Bar Examination Questionnaire for Labor Law
Set A
flagrant or malicious refusal to comply with the CBAs economic provisions which
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.
B. the employer if the apprenticeship is done in the plant.
C. the civic organizations that sponsor the program.
D. the Department of Labor and Employment.
70. The Securities and Exchange Commission approved a merger that allowed
Broad Bank to absorb the assets and liabilities of EBank. Broad Bank also
absorbed EBanks rank-and-file employees without change in tenure, salary, and
benefits. Broad Bank was unionized but EBank was not. The Broad Bank
bargaining union requested the management to implement the union security
clause in their CBA by requiring the ex-EBank employees to join the union. Does
the union security clause in the Broad Bank CBA bind the ex-EBank employees?
A. No, since the ex-EBank employees were not yet Broad Bank employees when
that CBA was entered into.
B. No, Broad Banks absorption of ex-EBank employees was not a requirement
of law or contract; hence, the CBA does not apply.
C. Yes, Broad Banks absorption of ex-EBank employees automatically makes
the latter union members of Broad Banks bargaining union.
D. Yes, since the right not to join a labor union is subordinate to 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. If procedural due process is not observed, the

dismissal will be regarded as


A. defective; the dismissal process has to be repeated.
B. an abuse of employer's discretion, rendering the dismissal void.
C. ineffectual; the dismissal will be held in abeyance.
D. legal and valid but the employer will be liable for indemnity.
72. Mario, an expert aircon technician, owns and manages a small aircon repair
shop with little capital. He employs one full-time and two part-time technicians.
When they do repair work in homes or offices, their clients do not tell them how
to do their jobs since they are experts in what they do. The shop is shabby,
merely rented, and lies in a small side street. Mario and the other technicians
regard themselves as informal partners. They receive no regular salary and only
earn commissions from service fees that clients pay. To what categories of
workers do they fall?
A. Labor-only contractors
B. Job contractors
C. Pakyaw workers
D. Manpower agency contractors
Page 16 of 17Bar Examination Questionnaire for Labor Law
Set A
73. How often should the collected service charges be distributed to employees
in hotels and restaurants?
A. Every end of the month
B. Every two weeks
C. Every week
D. At the end of each work day
74. Which of the following conditions justifies a licensed employment agency to
charge and collect fees for employment assistance?
A. The recruit has submitted his credentials to the employment agency.
B. The POEA has approved the agency's charges and fees.
C. The agency's principal has interviewed the applicant for the job.
D. The worker has obtained employment through the agency's efforts.
75. During the CBA negotiation the management panel proposed a redefinition of

the rank-and-file bargaining unit to exclude HR Specialist in the human


resource department and Analyst in the research and development department.
The union panel objected since those affected have already been included in the
bargaining unit covered by the existing CBA and so could no longer be excluded.
Is the union correct in insisting that their exclusion would amount to bad faith on
the part of the management panel?
A. No, efforts to modify an existing CBA do not constitute bad faith if such
modification does not diminish 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.
D. No, bargaining history is not the only factor that determines the coverage of
the bargaining unit; seeking its redefinition is not negotiating in bad faith.
Page 17 of 17

Bar Examination Questionnaire for Political Law


Set A
1. Filipino citizenship may be acquired through judicial naturalization only by an
alien
A. born, raised, and educated in the Philippines who has all the qualifications and
none of the disqualifications to become a Filipino citizen.
B. who has all the qualifications and none of the disqualifications to become a
Filipino citizen.
C. born and raised in the Philippines who has all the qualifications and none of
the disqualifications to become a Filipino citizen.
D. whose mother or father is a naturalized Filipino and who himself is qualified to
be naturalized.
2. Jax Liner applied for a public utility bus service from Bacolod to Dumaguete
from the Land Transportation Franchising and Regulatory Board (LTFRB). BB
Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of
the Department of Transportation and Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office of the President which reinstated the
LTFRBs ruling. BB Express went to the Court of Appeals on certiorari
questioning the decision of the Office of the President on the ground that Office
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. Will the petition
prosper?
A. No, exhaustion of administrative remedies up to the level of the President is a
pre-requisite to judicial recourse.
B. No, 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.
C. Yes, when there is no 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 to the Office of the President.
3. Where A is set for promotion to Administrative Assistant III and B to the post of
Administrative Assistant II vacated by A, the appointing authority must

A. submit to the CSC the two promotional appointments together for approval.
B. not appoint B until the CSC has approved As appointment.
C. submit to the Civil Service Commission (CSC) the second appointment after
its approval of the first.
D. 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
A. direct contempt.
B. infidelity in the custody of public records.
C. falsification of public documents.
D. false testimony.
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 after considering a number of mitigating
circumstances, reduced his penalty to only one month suspension. Is Mario
entitled to back salaries?
A. Yes, the reduction of the penalty means restoration of his right to back
salaries.
B. No, the penalty of one month suspension carries with it the forfeiture of back
salaries.
C. No, he is still guilty of grave misconduct, only the penalty was reduced.
D. Yes, corresponding to the period of his suspension pending appeal less one
month.
6. Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession of the lot since 1940, in the concept of owner. In 1988, Althea
became a naturalized Australian citizen. Is she qualified to apply for registration
of the lot in her name?

A. Yes, provided she acquires back her Filipino citizenship.


B. No, except when it can be proved that Australia has a counterpart domestic
law that also favors former Filipino citizens residing there.
C. Yes, the lot is already private in character and as a former natural-born
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 communication and correspondence shall be inviolable except
upon lawful order of the court or when
A. public safety or public health requires otherwise as prescribed by law.
B. dictated by the need to maintain public peace and order.
C. public safety or order requires otherwise as prescribed by law.
D. public safety or order requires otherwise as determined by the President.
8. One advantage of a written Constitution is its
A. reliability.
B. permanence.
C. flexibility.
D. expediency.
9. An appointment held at the pleasure of the appointing power
A. essentially temporary in nature.
B. requires special qualifications of the appointee.
C. requires justifiable reason for its termination.
D. is co-extensive with the term of the public officer who appointed him.
10. The city government filed a complaint for expropriation of 10 lots to build 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, it is 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. a no rally-no permit policy.
C. when, where, and how lawful assemblies are to be conducted.
D. calibrated response to rallies that have become violent.
12. 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. Is the challenge correct?
A. Yes, the executive agreement is contrary to our existing domestic law.
B. No, the President is the sole organ of the government in external relations and
all his actions as such form part of the law of the land.
C. No, international agreements are sui generis which must stand independently
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 initiative to amend the Constitution by shifting to a
unicameral parliamentary form of government. Assuming that the petition has
been signed by the required number of registered voters, will it 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.
C. Yes, provided Congress concurs in the amendment.
D. No, since they seek, not an amendment, but a revision.
14. The Comelec en banc cannot hear and decide a case at first instance
EXCEPT when
A. a Division refers the case to it for direct action.
B. the case involves a purely administrative matter.
C. the inhibition of all the members of a Division is sought.
D. a related case is pending before the Supreme Court en banc.
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 of the first case is
A. made at the instance of the accused invoking his right to fair trial.
B. 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
trial.
17. The new Commissioner of Immigration, Mr. Suarez, issued an Office Order
directing the top immigration officials to tender 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. Suarezs acceptance of the same. Will the action
prosper?
A. No, Director Sison tendered his resignation and it was accepted.
B. No, estoppel precludes Director Sison from disclaiming the resignation he
freely tendered.
C. Yes,for so long as no one has yet been appointed to replace him, Director
Sison may still withdraw his resignation.
D. Yes, Director Sison merely complied with the order of the head of office; the
element of clear intention 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.
B. published and hearings are conducted.
C. published and posted in three public places.
D. published and all stakeholders are personally notified.
19. The government sought to expropriate a parcel of land belonging to Y.

The law provides that, to get immediate possession of the land, the government
must deposit the equivalent of the land'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 law 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 right to just compensation is a substantive
right that Congress has the power to define.
D. The rules of court should prevail since just compensation is a procedural
matter subject to the rule making power of the Supreme Court.
20. After X, a rape suspect, was apprised of his right to silence and to counsel,
he told the investigators that he was waiving his right to have his own counsel or
to be provided one. He made his waiver in the presence of a retired Judge who
was assigned to assist and explain to him the consequences of such waiver. Is
the waiver valid?
A. No, the waiver was not reduced in writing.
B. Yes, the mere fact that the lawyer was a retired judge does not cast 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, he 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 Paloma's reelection is an expression of the electorate's
obedience to his will.
B. No, Governor Paloma's reelection cannot extinguish his liability 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 candidacy 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. is subject to an action for annulment.
C. may be brought straight to the Supreme Court.
D. is appealable 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 as it remains relevant to the government.
C. for a limited period only.
D. for as long 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 As 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 list.
C. Appoint from the list.
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.
C. acts of the Chief Executive.
D. Presidential election protests.
26. The right of the State to prosecute crimes by available evidence must yield to
the right of

A. the accused against self-incrimination.


B. another State to extradite a fugitive from justice.
C. the State to deport undesirable aliens.
D. the complainant to drop the case against the accused.
27. A temporary appointee to a public office who becomes a civil 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 violative of the Constitution. Is
the President correct?
A. No, initiated means the Articles of Impeachment have been actually filed with
the Senate for trial; this did not yet happen.
B. No, the first complaint was not deemed initiated because it was originally filed
with the Senate.
C. Yes, the dismissal of the first impeachment proceeding bars the initiation of
another during the same term of the President.
D. Yes, no impeachment proceeding can be filed against the President more than
once within a year.
29. The Solicitor General declines to institute a civil action on behalf of a
government agency due to his strained relation with its head, insisting that the
agencys 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.

C. 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 initiated appearance.
31. The Metro Manila Development Authority (MMDA) passed a rule authorizing
traffic 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 a law that authorized it to suspend the licenses of drivers who violate
traffic rules. Is the MMDA rule valid?
A. No, since the MMDA does not have rule-making power.
B. Yes, it is a valid exercise of the power of subordinate legislation.
C. Yes, it is an implicit consequence of the law upon which it acted.
D. No, the rule goes beyond the sphere of the law.
32. Senator Bondoc was 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 from arrest as a Senator. How should the court rule on his
motion?
A. Deny the motion unless the Senate issues a resolution certifying to the
urgency of his attendance at its sessions.
B. Grant the motion provided he posts bail since he is not a flight risk.
C. Grant the motion so as not to deprive the people who elected him their right to
be represented in the Senate.
D. Deny the motion since immunity from arrest does not apply to a charge of
murder.
33. X, an administrative officer in the Department of Justice, was charged with
grave misconduct and preventively 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) reversed the Secretarys
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 entitled to reinstatement and back salaries corresponding only to the
period of delay caused by those prosecuting the case against him.
C. X is entitled to reinstatement but not to back salaries on ground of damnum
absque injuria.
D. X is entitled to reinstatement and back salaries during his suspension pending
appeal.
34. Courts may dismiss 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 validity of law was not timely raised.
35. Alfredo was elected municipal mayor for 3 consecutive terms. During his third
term, the municipality became a city. Alfredo ran for city mayor during the next
immediately succeeding election. Voltaire sought his disqualification citing the 3
term limit for elective officials. Will Voltaire's action prosper?
A. No, the 3 term limit should not apply to a person who is running for a new
position title.
B. Yes, the 3 term limit applies regardless of any voluntary or involuntary
interruption in the service of 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 local government unit that has
assumed a different corporate existence.
36. In what scenario is an extensive search of moving vehicles without warrant
valid?

A. The police became suspicious on seeing something on the cars back seat
covered with blanket.
B. The police suspected an unfenced lot covered by rocks and bushes was
planted to marijuana.
C. 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.
37. Pre-proclamation controversies shall be heard
A. summarily without need of trial.
B. through trial by commissioner.
C. ex parte.
D. through speedy arbitration.
38. When the President orders the Chief of the Philippine National Police to
suspend the issuance of permits to carry firearms outside the residence, the
President exercises
A. the power of control.
B. the Commander-in-Chief power.
C. the power of supervision.
D. the calling out power.
39. Carlos, a foreign national was charged with and convicted of a serious crime
in State X and sentenced to life imprisonment. His country applied for relief with
the International Court of Justice (ICJ), arguing that State X did not inform Carlos
of his right under Article 36 of the Vienna Convention to be accorded legal
assistance by his government. State X, as signatory to the Vienna Convention,
agreed to ICJ's compulsory jurisdiction over all disputes regarding the
interpretation or application of the Vienna Convention. ICJ ruled that State X
violated its obligation to provide consular notification to the foreign national's
country. ICJ 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 ICJ decision. What principle of international law did State

X violate?
A. Pacta Sunt Servanda
B. Act of State Doctrine
C. Protective Principle
D. Jus Cogens
40. An informer told the police that a Toyota Car with plate ABC 134 would deliver
an unspecified quantity of ecstacy in Forbes Park, Makati City. 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 a gun tucked on the driver's waist. The officer asked the driver to step out
and he did. When an officer looked inside the car, he saw many tablets strewn
on the driver's seat. The driver admitted they were ecstacy. Is the search valid?
A. No, the rule on warrantless search of moving vehicle does not allow
arbitrariness on the part of the police.
B. Yes, the police officers had the duty to verify the truth of the information they
got and pursue it to the end.
C. Yes, the police acted based on reliable information and the fact that an officer
saw the driver carrying a gun.
D. No, police officers do not have unbridled discretion to conduct a warrantless
search of moving vehicles.
41. The Commission on Elections is an independent body tasked to enforce all
laws relative to the conduct of elections. Hence, it may
A. conduct two kinds of electoral count: a slow but official count; and a quick but
unofficial count.
B. make an advance and unofficial canvass of election returns through electronic
transmission.
C. undertake a separate and unofficial tabulation of the results of the election
manually.
D. authorize the citizens arm to use election returns for unofficial count.
42.The President may proclaim martial law over a particular province subject to
revocation or extension
A. by Congress,subject to ratification by the Supreme Court.

B. by the Supreme Court.


C. by Congress alone
D. by Congress, upon recommendation of the respective Sangguniang
Panlalawigan.
43. During his incumbency, President Carlos shot to death one of his advisers
during a heated argument over a game of golf that they were playing. The
deceased advisers family filed a case of homicide against President Carlos
before the city prosecutors office. He moved to dismiss the case, invoking
presidential immunity from suit. Should the case be dismissed?
A. Yes, his immunity covers his interactions with his official family, including the
deceased adviser.
B. No, his immunity covers only work-related crimes.
C. Yes, his immunity holds for the whole duration of his tenure.
D. 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 was
assailed on ground of nepotism. Is such designation valid?
A. No, because the law prohibits relatives from working within the same
government unit.
B. Yes, because Marias position does not fall within the prohibition.
C. No, because her mother is not the designating authority.
D. No, because Maria is related to the supervising authority within the prohibited
degree of consanguinity.
45. The President's appointment of an acting secretary although Congress is in
session is
A. voidable.
B. valid.
C. 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 the 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.
D. No, since the approval of the item carried with it the approval of the condition
attached to it.
47. In the exercise of its power of legislative inquiries and oversight functions, the
House of Representatives or the Senate may only ask questions
A. that the official called is willing to answer.
B. that are relevant to the proposed legislation.
C. to which 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 arrest
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.
B. No, since it discriminates between loitering in public places and loitering in
private places.
C. Yes, it provides fair warning to gang members prior to arrest regarding their
unlawful conduct.
D. Yes, it is 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. referendum.
B. plebiscite.
C. initiative.
D. certification.

50. Where a candidate for the Senate stated in his certificate of candidacy that
he is single, when he is very much married, though separated, his certificate of
candidacy
A. may be canceled.
B. will subject him to a quo warranto action.
C. remains valid.
D. may be denied due course.
51. A candidate who commits vote buying on Election Day itself shall be
prosecuted by the
A. COMELEC.
B. Secretary of Justice.
C. police and other law enforcement agencies.
D. City or Provincial Prosecutor.
52. A law 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. The Secretary of
Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days
on persons transporting quarantined animals without his permission. The
regulation is
A. a valid exercise of the power of subordinate legislation.
B. invalid for being ultra vires.
C. a valid exercise of police power.
D. invalid for being discriminatory.
53. Small-scale utilization of natural resources by Filipino citizens may be
allowed by
A. Congress.
B. either the Senate or the House of Representatives.
C. the President.
D. the President with the consent of Congress.
54. When the Civil 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. a discretionary duty.
B. a mix discretionary and ministerial duty.
C. a ministerial duty.
D. a rule-making duty.
55. Xian and Yani ran for Congressman in the same district. During the
canvassing, Yani objected to several returns which he said were tampered with.
The board of canvassers did not entertain Yani's objections for lack of authority to
do so. Yani questions the law prohibiting the filing of pre-proclamation cases
involving the election of Congressmen since the Constitution grants COMELEC
jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct?
A. Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation
cases, without exception.
B. No, COMELECs jurisdiction over pre-proclamation cases pertains only to
elections for regional, provincial, and city officials.
C. No, COMELECs jurisdiction over pre-proclamation cases does not include
those that must be brought directly to the courts.
D. Yes, any conflict between the law and the Constitution relative to COMELEC's
jurisdiction must be resolved in favor of the Constitution.
56. When the Supreme Court nullified the decisions of the military tribunal for
lack 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 was admitted to bail, they sent him notices to attend the hearings of his case.
But he did not show up, despite notice, in four successive hearings without
offering any justification. The prosecution moved to present evidence in absentia
but the court denied the motion on the ground that the 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 trial in absentia
even if the accused had been arraigned and had notice and did not justify his
absence.
C. Yes, it is within the court's discretion to determine how many postponements it
will grant the accused before trying him in absentia.
D. No, the court may reject trial in absentia only on grounds of fraud, accident,
mistake, or excusable negligence.
58. Following COMELEC Chairman Bocay's conviction for acts of corruption in
the impeachment proceedings, he was indicted for plunder before the
Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on
the plunder case?
A. No, plunder is not a pardonable offense.
B. No, conviction in a criminal case for the same acts charged in the
impeachment proceedings is not pardonable.
C. Yes, convictions in two different fora for the same acts, are too harsh that they
are not beyond the reach of the Presidents pardoning power.
D. Yes, conviction in court in a criminal action is subject to the President's
pardoning power.
59. A private person constituted by the court as custodian of property attached to
secure a debt sought to be recovered in a civil proceeding is
A. a private sheriff.
B. a public officer.
C. a private warehouseman.
D. an agent of the party to whom the property will ultimately be awarded.
60. The COMELEC en banc shall decide a motion for reconsideration of
A. the House or Representatives and the Senate electoral tribunals.
B. the decision of the election registrar.
C. the decision of the COMELEC division involving an election protest.
D. its own decision involving an election protest.
61. Adela served as Mayor of Kasim for 2 consecutive terms. On her third term,

COMELEC ousted her in an election protest that Gudi, her opponent, filed
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 Gudi's remaining
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.
C. Yes, her ouster from office in her third term interrupted the continuity of her
service as mayor.
D. Yes, the fresh mandate given her during the recall election erased her
disqualification for a third term.
62. A child born in the United States to a Filipino mother and an American father
is
A. a Filipino citizen by election.
B. a repatriated Filipino citizen.
C. a dual citizen.
D. a natural born Filipino citizen.
63. Involuntary servitude may be required as
A. part of rehabilitation of one duly charged with a crime.
B. substitute penalty for one who has been duly tried for a crime.
C. punishment for a crime where one has been duly convicted.
D. condition precedent to one's valid arraignment.
64. Van sought to disqualify 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
congresswoman?
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.
C. 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, and her
disqualification only came later.
65. Whose appointment is NOT subject to confirmation by the Commission
on Appointments?
A. Chairman of the Civil Service Commission
B. Chief Justice of the Supreme Court
C. Chief of Staff of the Armed Forces of the Philippines
D. Executive Secretary
66. The system of checks and balances operates when
A. the President nullifies a conviction in a criminal case by pardoning the
offender.
B. Congress increases the budget proposal of the President.
C. the President does not release the countryside development funds to
members of Congress.
D. Congress expands the appellate jurisdiction of the Supreme Court, as 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.
B. 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 still appoint
Justice A's successor?
A. No, it will violate the Constitutional prohibition against midnight appointments.
B. Yes, vacancies in the Supreme Court should be filled within 90 days from
occurrence of the vacancy.
C. Yes, vacancies in the Supreme Court should be filled within 90 days from
submission of JBC nominees to the President.
D. No, the incumbent President must yield to the choice of the next President
69. The President may set a limit on the country's import quota in the exercise of

his
A. delegated power.
B. concurring power.
C. 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 certification, the Register of Deeds canceled the notice of lis
pendens annotated on Lot 1s title. Amor filed a damage suit against Atty. Crispin
but the latter invoked good faith and immunity from suit for acts relating to his
official duty, claiming he was not yet the Clerk of Court when Amor filed his
action. Decide.
A. Atty. 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 recklessly
without checking the facts.
C. Atty. Crispin's defense is valid since he was unaware of the pendency of the
case.
D. As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts
relating to his work.
71. The Housing and Land Use Regulatory Board (HLURB) found Atlantic
Homes, Inc. liable in damages arising from its delayed release of the title to the
house and lot that it sold to Josephine. Atlantic appealed to the Office of the
President which rendered a one page decision, affirming the attached HLURB
judgment. Atlantic challenges the validity of the decision of the Office of the
President for not stating the facts and the law on which it is based. Is the
challenge correct?
A. No, the Office of the President is governed by its own rules respecting review
of cases appealed to it.
B. Yes, the decision of the Office of the President must contain its own crafted
factual findings and legal conclusions.

C. Yes, administrative due process demands that the Office of the President
make findings and conclusions independent of its subordinate.
D. No, the Office of the President is not precluded from adopting the factual
findings and legal conclusions contained in the HLURB decision.
72. A collision occurred involving a passenger jeepney driven by Leonardo, a
cargo truck driven 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 collision, 3 passengers of
the jeepney died. Their families filed a complaint for damages against Joseph
who in turn filed a third party complaint against the City of Cebu and Lauro. Is
the City of Cebu liable for the tort committed by its employee?
A. The City of Cebu is not liable because its employee was engaged in the
discharge of a governmental function.
B. The City of Cebu is liable for the tort committed by its employee while in the
discharge of a non-governmental function.
C. The City of Cebu is liable in accord with the precept of respondeat superior.
D. The City of Cebu is not liable as a consequence of its non-suitability.
73. During promulgation of sentence, the presence of the accused is mandatory
but he may appear by counsel or representative when
A. he is charged with a light offense.
B. he was able to cross-examine the prosecutions witnesses.
C. he waives his right to be present.
D. he is convicted of a 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 prosecution's manifestation that it was not objecting to the grant of
bail. Is the trial judge correct?
A. Yes, the trial judge may evaluate the strength or weakness of the evidence
based on the case records forwarded to him.
B. No, the trial judge should have held a hearing to ascertain the quality of the
evidence of guilt that the prosecution had against X.
C. No, the trial judge should have conducted a hearing to ascertain first whether

or not X was validly arrested.


D. Yes, the trial judge may reasonably rely on the prosecution's manifestation
that he had no objection to the grant of bail.
75. The President CANNOT call out the military
A. to enforce customs laws.
B. to secure shopping malls against terrorists.
C. to arrest persons committing rebellion.
D. to raid a suspected haven of lawless elements.
76. Mass media in the Philippines may be owned and managed by
A. corporations wholly owned and managed by Filipinos.
B. corporations 60% owned by Filipinos.
C. corporations wholly owned by Filipinos.
D. corporations 60% owned and managed by Filipinos.
77. Procedural due process in administrative proceedings
A. requires the tribunal to consider the evidence presented.
B. allows the losing party to file a motion for reconsideration.
C. requires hearing the parties on oral argument.
D. permits the parties to file memoranda.
78. The Constitution prohibits cruel and inhuman punishments which involve
A. torture or lingering suffering.
B. primitive and gross penalties.
C. unusual penal methods.
D. degrading and queer penalties.
79. Judge Lloyd 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 a case that had been
submitted for resolution. The decision became final and executory. But the
losing party filed a certiorari action with the Court of Appeals seeking to annul the
writ of execution issued in the case and bar Judge Lloyd from further acting as
judge. Can the relief against Judge Lloyd be granted?
A. No, Judge Lloyd's right to stay as judge may be challenged only by direct
proceeding, not collaterally.

B. Yes, the action against Judge Lloyd may be consolidated with the case before
the Court of Appeals and decided by it.
C. Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary
incident of the certiorari action.
D. No, the losing party has no standing to challenge Judge Lloyd's right to stay
as judge.
80. Executive Secretary Chua issued an order prohibiting the holding of rallies
along Mendiola because it hampers the traffic flow to Malacanang. A group of
militants questioned the order for being unconstitutional and filed a case against
Secretary Chua to restrain him from enforcing the order. Secretary Chua raised
state immunity from suit claiming that the state cannot be sued without its
consent. Is the claim correct?
A. No, public officers may be sued to restrain him from enforcing an act claimed
to be unconstitutional.
B. Yes, the order was not a proprietary act of the government.
C. No, only the president may raise the defense of immunity from suit.
D. Yes, Secretary Chua cannot be sued for acts done in pursuance to his public
office.
81. Anton was the duly elected Mayor of Tunawi in the local elections 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 COMELEC approved the petition and set a 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 initiated 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 elections.
C. 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 description of the supplier of shabu given by persons who had
been arrested earlier 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 to his car, they approached and frisked him and he did not object. The
search yielded an unlicensed 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.
C. Yes, the man should be deemed to have waived his right to challenge the
search when he failed to object to the frisking.
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 employed is 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.
D. 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.
85. When an elective official's preventive suspension will result in depriving his
constituents of his services or representation, the court may
A. require the investigating body to expedite the investigation.

B. hold in abeyance the period of such suspension.


C. direct the holding of an election to fill 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 of the poor, it exercises its
A. eminent domain power.
B. zoning power.
C. police power.
D. taxing power.
87. In the valid exercise of management prerogative consistent with the
company's right to protect its economic interest, it may prohibit its employees
from
A. joining rallies 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.
88. 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 public 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 control 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 violate 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
A. during his term of office.
B. during his tenure of office.

C. after his term of office.


D. after his tenure of office.
90. The Senate Blue Ribbon Committee summoned X, a former department
secretary, to shed light on his alleged illicit acquisition of properties claimed by
the Presidential Commission on Good Government. X sought to restrain the
Committee from proceeding with its investigation because of a pending criminal
case against him before the Sandiganbayan for ill-gotten wealth involving 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.
C. not be restrained on ground of presumed validity of legislative action.
D. be restrained for being sub judice.
91. A government that actually exercises power and control as opposed to the
true and lawful government is in terms of legitimacy
A. a government of force.
B. an interim government.
C. a de facto government.
D. an illegitimate government.
92. The Special Committee on Naturalization is headed by
A. the Secretary of Justice.
B. the Secretary of Foreign Affairs.
C. the National Security Adviser.
D. the Solicitor General.
93. The President issued Proclamation 9517 declaring a state of emergency and
calling the armed forces to immediately carry out necessary measures to
suppress terrorism and lawless violence. In the same proclamation, he directed
the government's temporary takeover of the operations of all privately owned
communication utilities, prescribing reasonable terms for the takeover. Is the
takeover valid?
A. Yes, it is an implied power flowing from the President's exercise of emergency
power.
B. No, it is a power reserved for Congress alone.

C. Yes, subject to ratification by Congress.


D. No, it is a power exclusively reserved for the People's direct action.
94. A candidate for Senator must be at least 35 years old on
A. the day he is duly proclaimed.
B. the day the election is held.
C. the day he files his certificate of candidacy.
D. the day he takes his oath of office.
95. 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.
B. independently of the Ombudsman, except in plunder cases.
C. only when authorized by the Ombudsman.
D. independently of the Ombudsman.
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 submitting his appointment to the Commission on Appointments for
confirmation. Is Ws 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 government, if not lodged elsewhere,
belongs to the President as Chief Executive.
C. Yes, since the power to fill up all government positions mentioned in the
Constitution has 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 Presidents sister, as Assistant Court
Administrator in the Supreme Court during the President's tenure. Claiming that
the Constitution prohibits the appointment in government of a Presidents
relative, a taxpayer asks for its nullification. 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.


C. No, X's appointment, although in the government, is not in the Executive
Department that the President heads.
D. No, the position to which X was 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, it will amount to removal.
B. No, his membership in the bar is secure.
C. Yes, by the Supreme Court itself.
D. Yes, by Congress in joint session.
99. Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman
of the district covering Casidsid. Still, she continued to act as mayor of Casidsid
without collecting her salaries as such. When she lost the election and a new
mayor assumed office, she filed an action to collect the salaries she did not get
while serving as mayor even when she ran for congresswoman. Is her action
correct?
A. No, salaries can be waived and she waived them.
B. No, because her acts as de facto officer are void insofar as she is concerned.
C. Yes, public policy demands that a de facto officer enjoy the same rights of a
de jure officer.
D. A. Yes, it is but just that she be paid for the service she rendered.
100. X, a Filipino and Y, an American, both teach at the International Institute in
Manila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per
hour plus housing, transportation, shipping costs, and leave travel allowance.
The school cited the dislocation factor and limited tenure of Y to justify his high
salary rate and additional 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. The classification is based on superficial differences.
B. The classification undermines the Filipino First policy.
C. The distinction is fair considering the burden of teaching abroad.
D. The distinction is substantial and uniformly applied to each class.

Page 21 of 21

Bar Examination Questionnaire for Criminal Law


Set A
1. Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry
in it. She found, however, that the jewelry were in a locked chest. Unable to
open it, she took the chest out of the shop. What crime did she commit?
A. Robbery in an uninhabited place or in a private building
B. Theft
C. Robbery in an inhabited house or public building.
D. Qualified theft
2. The alternative circumstance of relationship shall NOT be considered between
A. mother-in-law and daughter-in-law.
B. adopted son and legitimate natural daughter.
C. aunt and nephew.
D. stepfather and stepson.
3. Arthur, Ben, and Cesar quarreled with Glen while they were at the latters
house. Enraged, Arthur repeatedly stabbed Glen while Ben and Cesar pinned
his arms. What aggravating circumstance if any attended the killing of Glen?
A. Evident premeditation.
B. None.
C. Abuse of superior strength.
D. Treachery.
4. The presence of a mitigating circumstance in a crime
A. increases the penalty to its maximum period.
B. changes the gravity of the offense.
C. affects the imposable penalty, depending on other modifying circumstances.
D. automatically reduces the penalty.
5. He is an accomplice who
A. agreed to serve as a lookout after his companions decided to murder the
victim.
B. watched quietly as the murderer stabbed his victim.
C. helped the murderer find the victim who was hiding to avoid detection.
D. provided no help, when he can, to save the victim from dying.

6. Principles of public international law exempt certain individuals from the


Generality characteristic of criminal law. Who among the following are NOT
exempt from the Generality rule?
A. Ministers Resident
B. Commercial Attache of a foreign country
C. Ambassador
D. Chiefs of Mission
7. As a modifying circumstance, insanity
A. is in the nature of confession and avoidance.
B. may be presumed from the offenders previous behavior.
C. may be mitigating if its presence becomes apparent subsequent to the
commission of the crime.
D. exempts the offender from criminal liability whatever the circumstances.
8. Zeno and Primo asked Bert to give them a sketch of the location of Andys
house since they wanted to kill him. Bert agreed and drew them the sketch.
Zeno and Primo drove to the place and killed Andy. What crime did Bert commit?
A. Accomplice to murder, since his cooperation was minimal.
B. Accessory to murder, since his map facilitated the escape of the two.
C. None, since he took no step to take part in executing the crime.
D. Principal to murder, since he acted in conspiracy with Zeno and Primo.
9. A police officer surreptitiously placed a marijuana stick in a students pocket
and then arrested him for possession of marijuana cigarette. What crime can the
police officer be charged with?
A. None, as it is a case of entrapment
B. Unlawful arrest
C. Incriminating an innocent person
D. Complex crime of incriminating an innocent person with unlawful arrest
10. The police officer in civilian clothes asked X where he can buy shabu. X
responded by asking the officer how much of the drug he needed. When he told
him, X left, returned after a few minutes with the shabu, gave it to the officer, and
took his money. X is
A. liable for selling since the police operation was a valid entrapment.

B. not liable for selling since the police operation was an invalid entrapment.
C. liable for selling since the police operation was a valid form of instigation.
D. not liable since the police operation was an invalid instigation.
11. Plaintiff X said in his civil complaint for damages that defendant Y, employing
fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel
against X for maliciously imputing fraud on him. Will the action prosper if it turns
out that the civil complaint for damages was baseless?
A. No, since pleadings filed in court are absolutely privileged.
B. No, since malice is not evident.
C. Yes, given the fact that the imputation of fraud was baseless.
D. Yes, parties must state the truth in their pleadings.
12. The maxim "Nullum crimen nula poena sine lege" means that
A. the act is criminal at the time of its commission and recognized as such at the
time of its commission but the penalty therefor is prescribed in a subsequently
enacted law.
B. the act is criminal and punished under and pursuant to common law.
C. there is a crime for as long as the act is inherently evil.
D. crime is a product of the law.
13. X, a tabloid columnist, wrote an article describing Y, a public official, as
stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source from
Y's own office who fed him the information. Did X commit libel?
A. Yes, since the article was libelous and inconsistent with good faith and
reasonable care.
B. No, since X but made a fair commentary on a matter of public interest.
C. No, since Xs article constitutes privileged communication.
D. No, since he wrote his article under the freedom enjoyed by the press.
14. The husband has for a long time physically and mentally tortured his wife.
After one episode of beating, the wife took the husbands gun and shot him dead.
Under the circumstances, her act constitutes
A. mitigating vindication of grave offense.
B. battered woman syndrome, a complete self-defense.
C. incomplete self-defense.

D. mitigating passion and obfuscation.


15. There is violation of Art. 316, RPC (Other forms of Swindling) where
A. the owner of property sells a property and subsequently rescinds the sale.
B. the real property subject of the sale does not exist.
C. the property was mortgaged for a usurious contract of loan.
D. the owner disposes of his encumbered real property as if it is free from
encumbrances.
16. X, a police officer, placed a hood on the head of W, a suspected drug
pusher, and watched as Y and Z, police trainees, beat up and tortured W to get
his confession. X is liable as
A. as accomplice in violation of the Anti-Torture Act.
B. a principal in violation of the Anti-Torture Act.
C. a principal in violation of the Anti-Hazing Law.
D. an accomplice in violation of the Anti-Hazing Law.
17. Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR)
from January to March 2000 and did not get approval of his sick leave application
for April because of evidence that he was actually moonlighting elsewhere.
Thus, the medical Director caused the withholding of his salary for the periods in
question until he submitted his DTRs in May 2000. Can Dr. Chow prosecute the
medical director for causing him undue injury in violation of the Anti-Graft and
Corrupt Practices Act?
A. Yes, since the medical Director acted with evident bad faith.
B. No, since the medical director has full discretion in releasing the salary of
government doctors.
C. Yes, since his salary was withheld without prior hearing.
D. No, since Dr. Chow brought it upon himself, having failed to submit the
required DTRs.
18. When a penal law is absolutely repealed such that the offense is
decriminalized, a pending case charging the accused of the repealed crime is to
be
A. prosecuted still since the charge was valid when filed.
B. dismissed without any precondition.

C. dismissed provided the accused is not a habitual delinquent.


D. prosecuted still since the offended party has a vested interest in the repealed
law.
19. In malversation of public funds, the offenders return of the amount
malversed has the following effect
A. It is exculpatory.
B. It is inculpatory, an admission of the commission of the crime.
C. The imposable penalty will depend on what was not returned.
D. It is mitigating.
20. The exchanges of highly offensive words between two quarrelling women in
the presence of a crowd of people constitute
A. one count of grave slander against the woman who uttered the more insulting
expressions.
B. grave slander against the woman who started it and light slander against the
other woman.
C. two separate counts of light slander, one for each woman.
D. two separate counts of grave slander, one against each of them.
21. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner is liable for
A. occupation or usurpation of personal property.
B. civil damages only.
C. theft.
D. other deceits.
22. A crime resulting from negligence, reckless imprudence, lack of foresight or
lack of skill is called
A. dolo.
B. culpa.
C. tortious crimes.
D. quasi delict.
23. To mitigate his liability for inflicting physical injury to another, an accused with
a physical defect must prove that such defect restricted his freedom of action and
understanding. This proof is not required where the physical defect consists of

A. a severed right hand.


B. complete blindness.
C. being deaf mute and dumb.
D. a severed leg.
24. An extenuating circumstance, which has the same effect as a mitigating
circumstance, is exemplified by
A. the mother killing her 2-day old child to conceal her dishonor.
B. the accused committing theft out of extreme poverty.
C. the accused raping his victim in extreme state of passion.
D. the accused surrendering the weapon he used in his crime to the authorities.
25. Three men gave Arnold fist blows and kicks causing him to fall. As they
surrounded and continued hitting him, he grabbed a knife he had in his pocket
and stabbed one of the men straight to the heart. What crime did Arnold
commit?
A. Homicide with incomplete self-defense, since he could have run from his
aggressors.
B. Homicide, since he knew that stabbing a person in the heart is fatal.
C. Homicide mitigated by incomplete self-defense, since stabbing a person to the
heart is excessive.
D. No crime, since he needed to repel the aggression, employing reasonable
means for doing so.
26. A, B, and C agreed to rob a house of its cash. A and B entered the house
while C remained outside as lookout. After getting the cash, A and B decided to
set the house on fire to destroy any evidence of their presence. What crime or
crimes did C commit?
A. Robbery and arson since arson took place as an incident of the robbery.
B. Robbery and arson since C took no step to stop the arson.
C. Just for robbery since he only agreed to it and served as lookout.
D. Accomplice to robbery since his role in the crime was minimal.
27. X, a court employee, wrote the presiding judge a letter, imputing to Y, also a
court employee, the act of receiving an expensive gift from one of the parties in a
pending case. Because of this, Y accused X of libel. Does Y need to prove the

element of malice in the case?


A. No, since malice is self-evident in the letter.
B. Yes, malice is not presumed since X wrote the letter to the presiding judge
who has a duty to act on what it states.
C. No, since malice is presumed with respect to defamatory imputations.
D. Yes, since malice is not presumed in libel.
28. X killed B, mistakenly believing that she was his wife, upon surprising her
having sex with another man in a motel room. What is the criminal liability of X?
A. None since he killed her under exceptional circumstances.
B. None since he acted under a mistake of fact.
C. Parricide.
D. Homicide.
29. X draws a check upon request of Y, the payee, who told X that he would
merely show the check to his creditor to gain more time to pay his account. The
check bounced upon presentation by the creditor. Under the circumstances, who
can be prosecuted for estafa based on the dishonored check?
A. Y as the one who negotiated the check contrary to the agreement
B. X as the drawer of the check
C. Both X and Y based on conspiracy
D. None
30. Ana visited her daughter Belen who worked as Caloys housemaid. Caloy
was not at home but Debbie, a casual visitor in the house, verbally maligned
Belen in Anas presence. Irked, Ana assaulted Debbie. Under the
circumstances, dwelling is NOT regarded as aggravating because
A. Dwelling did nothing to provoke Ana into assaulting Debbie.
B. Caloy, the owner of the house, was not present.
C. Debbie is not a dweller of the house.
D. Belen, whom Debbie maligned, also dwells in the house.
31. It is a matter of judicial knowledge that certain individuals will kill others or
commit serious offenses for no reason at all. For this reason,
A. lack of motive can result in conviction where the crime and the accused's part
in it are shown.

B. motive is material only where there is no evidence of criminal intent.


C. lack of motive precludes conviction.
D. the motive of an offender is absolutely immaterial.
32. Minority is a privileged mitigating circumstance which operates to reduce the
penalty by a degree where the child is
A. 15 years and below acting without discernment.
B. above 15 years but below 18 acting without discernment.
C. below 18 years acting with discernment.
D. 18 years old at the time of the commission of the crime acting with
discernment.
33. The crime of robbery in an inhabited house or public building is mitigated
when the offenders
A. entered the house using false keys.
B. although armed did not fire their weapons.
C. entered through a window without breaking it.
D. although armed took property valued at only P200.
34. A private person who assists the escape of a person who committed robbery
shall be liable
A. as a principal to the crime of robbery.
B. as an accessory to the crime of robbery.
C. as a principal to the crime of obstruction of justice.
D. as an accessory to the crime of obstruction of justice.
35. Which among the following circumstances do NOT qualify the crime of
kidnapping?
A. The victim is killed as a consequence of the detention.
B. The offender is a public officer.
C. Ransom is demanded.
D. The victim is raped.
36. Removing, concealing or destroying documents to defraud another
constitutes the crime of estafa if committed by
A. any public officer.
B. a public officer officially entrusted with the document.

C. private individuals who executed the same.


D. private individuals.
37. Dagami concealed Bugnas body and the fact that he killed him by setting
Bugnas house on fire. What crime or crimes did Dagami commit?
A. Murder, the arson being absorbed already
B. Separate crimes of murder and arson
C. Arson, the homicide being absorbed already
D. Arson with murder as a compound crime
38. Sam wrote a letter to his friends stating that Judge Odon loves obscene
magazines and keeps these in his desk. Charged with libel, can Sam present
proof that Judge Odon indeed loves obscene magazines and keeps these in his
desk?
A. No, since the imputation is not related to the duties of a judge.
B. No, since Sam does not impute a crime to Judge Odon.
C. No, since Sam imputes the commission of a crime to Judge Odon.
D. Yes, since truth can be a valid defense in libel.
39. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who
died as a consequence. Under the circumstances
A. X cannot plead praetor intentionem since the intent to kill is presumed from
the killing of the victim.
B. X may plead praetor intentionem since he intended only to scare, not kill Z.
C. X may plead aberratio ictus as he had no intention to hit Z.
D. X may plead commission of only Discharge of Firearm as he had no intent to
kill Z when he fired his gun.
40. Which of the following statements constitute Inciting to Sedition?
A. Utterance of statements irritating or obnoxious to the ears of the police
officers.
B. Speeches extolling communism and urging the people to hold a national strike
and paralyze commerce and trade.
C. Leaders of jeepney and bus associations shouting Bukas tuloy ang welga
hanggang sa magkagulo na!
D. Speeches calling for resignation of high government officials.

41. Culpa can either be a crime by itself or a mode of committing a crime. Culpa
is a crime by itself in
A. reckless imprudence resulting in murder.
B. medical malpractice.
C. serious physical Injuries thru reckless imprudence.
D. complex crime of reckless imprudence resulting in serious physical injuries.
42. The mitigating circumstance of immediate vindication of a grave offense
cannot be appreciated in a case where
A. Following the killing of his adopted brother, P went to the place where it
happened and killed S whom he found there.
B. X kills Y who attempted to rape Xs wife.
C. P severely maltreats S, a septuagenarian, prompting the latter to kill him.
D. M killed R who slandered his wife.
43. To save himself from crashing into an unlighted truck abandoned on the
road, Jose swerved his car to the right towards the graveled shoulder, killing two
bystanders. Is he entitled to the justifying circumstance of state of necessity?
A. No, because the bystanders had nothing to do with the abandoned truck on
the road.
B. No, because the injury done is greater than the evil to be avoided.
C. Yes, since the instinct of self-preservation takes priority in an emergency.
D. Yes, since the bystanders should have kept off the shoulder of the road.
44. The accused was shocked to discover his wife and their driver sleeping in the
masters bedroom. Outraged, the accused got his gun and killed both. Can the
accused claim that he killed the two under exceptional circumstances?
A. No, since the accused had time to reflect when he got his gun.
B. No, since the accused did not catch them while having sexual intercourse.
C. Yes, since the wife and their driver desecrated the marital bed.
D. Yes, since the scene shows that they had an intimate relationship.
45. The three accused forcibly took their victim from his car but the latter
succeeded in freeing himself from their grip. What crime did the three accused
commit?
A. forcible abduction.

B. frustrated kidnapping.
C. attempted kidnapping.
D. grave coercion.
46. Deeply enraged by his wifes infidelity, the husband shot and killed her lover.
The husband subsequently surrendered to the police. How will the court
appreciate the mitigating circumstances of (i) passion or obfuscation, (ii)
vindication of a grave offense, and (iii) voluntary surrender that the husband
invoked and proved?
A. It will appreciate passion or obfuscation and voluntary surrender as one
mitigating circumstance and vindication of a grave offense as another.
B. It will appreciate all three mitigating circumstances separately.
C. It will appreciate the three mitigating circumstances only as one.
D. It will appreciate passion or obfuscation and vindication of a grave offense as
just one mitigating circumstance and voluntary surrender as another.
47. The aggravating circumstance of uninhabited place is aggravating in murder
committed
A. on a banca far out at sea.
B. in a house located in cul de sac.
C. in a dark alley in Tondo.
D. in a partly occupied condominium building.
48. The penalty of perpetual or temporary special disqualification for the exercise
of the right of suffrage does NOT deprive the offender of the right
A. to be elected to a public office.
B. to vote in any popular election for a public office.
C. to vote in a plebiscite.
D. to hold any public office.
49. Without meaning anything, Z happened to stare into the eye of one of four
men hanging out by a store which he passed. Taking offense, the four mauled
and robbed him of his wages. Z went home, took a knife, and stabbed one of his
attackers to death. Charged with murder, Z may raise the mitigating
circumstance of
A. praeter intentionem.

B. incomplete self-defense preceded by undue provocation.


C. passion or obfuscation.
D. complete self-defense.
50. A public officer who immediately returns the bribe money handed over to him
commits
A. no crime.
B. attempted bribery.
C. consummated bribery.
D. frustrated bribery.
51. Direct bribery is a crime involving moral turpitude. From which of the
following elements of direct bribery can moral turpitude be inferred?
A. The offender receives a gift by himself or through another.
B. The offender is a public officer.
C. The offender takes a gift with a view to committing a crime in exchange.
D. The act which the offender agrees to perform or which he executes is
connected with his official duties.
52. Insuperable cause is an exempting circumstance which may be applied to
A. robbery.
B. misprision of treason.
C. homicide.
D. rebellion.
53. Which of the following crimes is an exception to the Territoriality Rule in
Criminal law?
A. Violation of the Trademark Law committed by an alien in the Philippines.
B. Forgery of US bank notes committed in the Philippines.
C. Crime committed by a Filipino in the disputed Spratly's Island.
D. Plunder committed at his place of assignment abroad by a Philippine public
officer.
54. X, Y and Z agreed among themselves to attack and kill A, a police officer,
but they left their home-made guns in their vehicle before approaching him.
What crime have they committed?
A. Conspiracy to commit indirect assault.

B. Attempted direct assault.


C. Conspiracy to commit direct assault.
D. Illegal possession of firearms.
55. On hearing a hospital ward patient on the next bed, shrieking in pain and
begging to die, Mona shut off the oxygen that was sustaining the patient,
resulting in his death. What crime if any did Mona commit?
A. Homicide.
B. Murder if she deliberated on her action.
C. Giving Assistance to Suicide.
D. Euthanasia.
56. When committed outside the Philippine territory, our courts DO NOT have
jurisdiction over the crime of
A. treason.
B. piracy.
C. espionage.
D. rebellion.
57. Motive is generally IMMATERIAL in determining criminal liability EXCEPT
when
A. several offenders committed the crime but the court wants to ascertain which
of them acted as leader.
B. the evidence of the crime consists of both direct and circumstantial evidence.
C. ascertaining the degree of penalty that may be imposed on the offender.
D. the evidence of guilt of the accused is circumstantial.
58. Which of the following circumstances of dishonor of a check can be a basis
for prosecution under the bouncing checks law?
A. The check was returned unpaid with stamp stop payment, although the
drawers deposit was sufficient.
B. The check, drawn and issued in the Philippines, was dishonored by the
drawee bank in a foreign country.
C. The check was presented to the bank for payment 6 months after the date of
issue.
D. The drawer of the dishonored check paid its value within 5 days from notice of

dishonor.
59. X and his step-father have a long-standing enmity. One day, irked by an
argument with his step-father, X smashed the windshield of his step-fathers
brand new Audi sports car. X is liable for
A. malicious mischief.
B. malicious mischief with the alternative mitigating circumstance of relationship.
C. malicious mischief with the alternative aggravating circumstance of
relationship.
D. the civil damage he caused.
60. The classification of felonies into grave, less grave, and light is important in
ascertaining
A. if certain crimes committed on the same occasion can be complexed.
B. the correct penalty for crimes committed through reckless imprudence.
C. whether the offender is liable as an accomplice.
D. what stage of the felony has been reached.
61. A child in conflict with the law shall enjoy all the rights of a child until
A. he is found to have acted with discernment.
B. his minority is setoff by some aggravating circumstance.
C. he is proved to be 18 years or older.
D. he forfeits such rights by gross misconduct and immorality.
62. Mr. P owns a boarding house where he knowingly allowed children to be
videotaped while simulating explicit sexual activities. What is Mr. P's criminal
liability, if any?
A. Corruption of minors under the Penal Code
B. Violation of the Child Pornography Act
C. Violation of the Child Abuse Law
D. None
63. W allowed a man to have sex with her thinking that he was her husband.
After realizing that the man was not her husband, W stabbed him to death.
Under the circumstances, the mitigating circumstance in attendance constitutes
A. defense of honor.
B. immediate vindication of a grave offense.

C. passion or obfuscation.
D. self-defense.
64. The prescriptive period for bigamy is 15 years counted from the date of the
A. discovery of the second marriage by the offended spouse.
B. registration of the second marriage in the Local Civil Registry.
C. celebration or solemnization of the second marriage.
D. discovery of the second marriage by the authorities.
65. After properly waiving his Miranda rights, the offender led the police to where
he buried the gun he used in shooting the victim. How does this affect his
liability?
A. This serves as an analogous mitigating circumstance of voluntary surrender.
B. It has no effect at all since the law provides none.
C. He is considered to have confessed to murder.
D. This serves as aggravating circumstance of concealment of weapon.
66. A qualifying aggravating circumstance
A. changes the description and the nature of the offense.
B. increases the penalty to its next degree but absorbs all the other aggravating
circumstances.
C. raises the penalty by two periods higher.
D. is one which applies only in conjunction with another aggravating
circumstance.
67. X inflicted serious injuries on Y. Because of delay in providing medical
treatment to Y, he died. Is X criminally liable for the death of Y?
A. Yes because the delay did not break the causal connection between X's
felonious act and the injuries sustained by Y.
B. Yes because any intervening cause between the infliction of injury and death
is immaterial.
C. No because the infliction of injury was not the immediate cause of the death.
D. No because the delay in the administration of the medical treatment was an
intervening cause.
68. In an attempted felony, the offenders preparatory act
A. itself constitutes an offense.

B. must seem connected to the intended crime.


C. must not be connected to the intended crime.
D. requires another act to result in a felony.
69. X inflicted violent kicks on vital parts of E's body. E nevertheless was able to
flee for fear of his life. Refusing to undergo treatment for his injuries, E died 3
days later. Is X liable for Es death?
A. No, since kicks on the body cannot cause death.
B. No, since it took too long for death to occur.
C. Yes, since E cannot be compelled to undergo medical treatment.
D. Yes, since it was a natural result of the injuries X inflicted on E.
70. 003-1137-0001

A criminal action for rape is extinguished when the

offender is forgiven by
A. the offenders wife who herself is the rape victim.
B. his wife for having raped another woman.
C. the rape victims husband.
D. the rape victim herself.
71. A battered woman claiming self-defense under the Anti-Violence against
Women and Children must prove that the final acute battering episode was
preceded by
A. 3 battering episodes.
B. 4 battering episodes.
C. 5 battering episodes.
D. 2 battering episodes.
72. A special complex crime is a composite crime
A. made up of 2 or more crimes defined in the Penal Code.
B. with its own definition and special penalty provided by the Penal Code.
C. with its own definition and special penalty provided by a special penal law.
D. made up of 2 or more crimes defined in the Penal Code and special penal
laws.
73. What court has jurisdiction when an Indonesian crew murders the Filipino
captain on board a vessel of Russian registry while the vessel is anchored
outside the breakwaters of the Manila bay?

A. The Indonesian court.


B. The Russian court.
C. The Philippine court.
D. Any court that first asserts jurisdiction over the case.
74. X, intending to kill Y, a store owner, fired at Y from the street, but the shot
killed not only Y but also Z who was in the store. As a case of aberratio ictus, it is
punishable as a
A. complex crime proper.
B. special complex crime.
C. continuing crime.
D. compound crime.
75. A proposal to commit a felony is punishable only when the law specifically
provides a penalty for it as in the case of proposal to commit
A. rebellion.
B. sedition.
C. espionage.
D. highway robbery.
Page 13 of 13

Bar Examination Questionnaire for Civil Law


Set A
1.When does a declaration of absence of a missing person take effect?
A. Immediately from the issuance of the declaration of absence.
B. 3 months after the publication of the declaration of absence.
C. 6 months after the publication of the declaration of absence.
D. 15 days from the issuance of the declaration of absence.
2. The authority that school administrators exercise over school children under
their supervision, instruction, or custody is called
A. legal parental authority.
B. substitute parental authority.
C. ordinary parental authority.
D. special parental authority.
3. Can future inheritance be the subject of a contract of sale?
A. No, since it will put the predecessor at the risk of harm from a tempted buyer,
contrary to public policy.
B. Yes, since the death of the decedent is certain to occur.
C. No, since the seller owns no inheritance while his predecessor lives.
D. Yes, but on the condition that the amount of the inheritance can only be
ascertained after the obligations of the estate have been paid.
4. Upon the proposal of a third person, a new debtor substituted the original
debtor without the latters 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 debtors default upon the original debtor?
A. The original debtor is freed of liability since novation took place and this
relieved him of his obligation.
B. The original debtor shall pay or perform the obligation with recourse to the
new debtor.
C. The original debtor remains liable since he gave no consent to the
substitution.
D. The original debtor shall pay or perform 50% of the obligation to avoid unjust
enrichment on his part.

5. Lennie bought a business class ticket from Alta Airlines. As she checked in,
the manager downgraded her to economy on the ground that a Congressman
had to be accommodated in the business class. Lennie suffered the discomfort
and embarrassment of the downgrade. She sued the airlines for quasi-delict but
Alta Airlines countered that, since her travel was governed by a contract between
them, no quasi-delict could arise. Is the airline 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
provided in the ticket is a tortious act.
C. Yes, since the facts show a breach of contract, not a quasi-delict.
D. Yes, since quasi-delict presupposes the absence of a pre-existing contractual
relation between the parties.
6. Which of the following is an indispensable requirement in an action for
quieting of title involving real property? The plaintiff must
A. be in actual possession of the property.
B. be the registered owner of the property.
C. have legal or equitable title to the property.
D. be the beneficial owner of the property.
7. X and Y were to marry in 3 months. Meantime, to express his affection, X
donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took possession of the property. Before the
wedding, however, Y suddenly died of heart attack. Can Ys heirs get the
property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely donated the property to Y who became its owner.
8. Rene and Lily got married after a brief courtship. After one month, Lily
discovered that while Rene presented himself as a macho man he was actually
gay. He would not go to bed with her. He kept obscene magazines of nude men
and always sought the company of handsome boys. What legal remedy does

Lily have?
A. She can file an action for annulment of marriage on ground of fraud.
B. She can seek a declaration of nullity of the marriage based on Renes
psychological incapacity.
C. She can go abroad and file 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.
9. 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 writing. A, one of the donees, died. Will
B, C, D, and E get As share in the money?
A. Yes, accretion will automatically apply to the joint-donees in equal shares.
B. Yes, since the donors intention is to give the whole of P50 million to the
jointdonees in equal shares.
C. No, As share will revert to the donor because accretion applies only if the
joint-donees are spouses.
D. No, As share goes to his heirs since the donation 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 Raffy, a
stranger to the family, for P5 million. Do Ester and Rufus have a remedy for
keeping the land within their family?
A. Yes, they may be subrogated to Raffys right by reimbursing to him within the
required time what he paid Raul.
B. Yes, they may be subrogated to Raffys right provided they buy him out before
he registers the sale.
C. No, they can be subrogated to Raffys right only with his conformity.
D. 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. res ipsa loquitur.


B. damnum absque injuria.
C. vicarious liability.
D. abuse of rights.
12. Which of the following is NOT a basis for rendering a disinheritance defective
or imperfect?
A. Its cause comes from the guilt of a spouse in a legal separation case, the
innocent-spouse having died.
B. The truth of its cause is denied and not sufficiently proved by evidence.
C. Its cause is not authorized by the law.
D. Its cause is not specified.
13. Manuel came to Manila and married Marianne. Unknown to Marianne,
Manuel had been previously convicted in Palawan of theft and served time for it.
After Marianne learned of his previous conviction, she stopped living with him.
Can Marianne seek the annulment of the marriage based on Manuels 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 crime.
14. Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later
worked in Rome where he acquired Italian citizenship. He got a 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. What is 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 nullified.
C. The children born before and after the divorce are all legitimate since

Philippine law does not recognize divorce.


D. All the children are legitimate since they were born 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. All persons who are of legal age and suffer from no civil interdiction.
C. All persons who can make a last will and testament.
D. All persons, whether natural or artificial, who own property.
16. The liability of the partners, including industrial 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.
C. 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. 2 years from the receipt of the last news about him.
B. 7 years from the receipt of the last news about him.
C. 10 years from the receipt of the last news about him.
D. 5 years from the receipt of the last news about him.
18. Which of the following claims against 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 registry of property, upon the mortgaged real
estate.
C. Taxes due, upon the land or building.
D. Expenses for the preservation and improvement of property, when the law
authorizes reimbursement, upon the preserved or improved immovable.
19. When bilateral contracts are vitiated with vices of consent, they are rendered
A. rescissible.
B. void.

C. unenforceable.
D. voidable.
20. An agent, authorized by a special power of attorney 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 absolute sale on
behalf of his principal two days after the principal died, an event that neither the
agent nor the buyer knew at the time of the sale. What is the standing of the
sale?
A. Voidable.
B. Valid.
C. Void.
D. Unenforceable.
21. Spouses A and B leased a piece of land belonging to B's parents for 25
years. The spouses built their house on it worth P300,000.00. Subsequently, in
a case that C filed against A and B, the court found the latter liable to C for
P200,000.00. When the sheriff was attaching their house for the satisfaction of
the judgment, A and B claimed that it was exempt from execution, being a family
home. Is this claim correct?
A. Yes, because while Bs parents own the land, they agreed to have their
daughter build her family home on it.
B. No, because there is no judicial declaration that it is a family home.
C. No, since the land does not belong to A and B, it cannot qualify as a

family

home.
D. Yes, because the A and Bs family actually lives in that house.
22. Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable
in installments of P10 million per month with 6% interest per annum. Solomon
married Lorna after 5 months and they chose conjugal partnership of gains to
govern their property relations. When they married, Aragon had an unpaid
balance of P50 million plus interest in Solomons favor. To whom will Aragons
monthly payments go after the marriage?
A. The principal shall go to the conjugal partnership but the interests to Solomon.
B. Both principal and interests shall go to Solomon since they are his exclusive

properties.
C. Both principal and interests shall go to the conjugal partnership since these
become due after the marriage.
D. The principal shall go to Solomon but the interests to the conjugal partnership.
23. X and Y, although not suffering from any impediment, cohabited as husband
and wife without the benefit of marriage. Following the birth of their child, the
couple got married. A year after, however, the court annulled the marriage and
issued a decree of annulment. What is the present status of the child?
A. Legitimated.
B. Illegitimate.
C. Natural child.
D. Legitimate.
24. When A and B married, they chose conjugal partnership of gains to govern
their property relations. After 3 years, B succeeded in getting her marriage to A
annulled on ground of the latters psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
A. They will follow the rule governing the liquidation of a conjugal partnership of
gains where the party who acted in bad faith forfeits his share in the net profits.
B. Since the marriage has been declared void, the rule for liquidation of absolute
community of property shall be followed.
C. 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.
25. X and Y agreed verbally before their marriage (a) on the paternity of the
illegitimate child of Y and (b) on the economic regime that will govern X and Ys
property relations. Is the verbal agreement valid?
A. No, because a marriage settlement to be valid should be in writing.
B. Yes, since ante-nuptial agreements need not be in writing.
C. No, because a marriage settlement cannot include an agreement on the
paternity of an illegitimate child.
D. Yes, since even if it is not a valid marriage settlement, it is 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 are financially distressed, could not give the
needed support to Z. As it happens, Zs other relatives are financially capable of
giving that support. From whom may Z first rightfully demand support? From her
A. grandfather.
B. brother.
C. uncle.
D. first cousin.
27. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country 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. Illegitimate, because Gloria confessed that the child is not Fidels.
B. Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
C. Legitimate, because the child was born within a valid marriage.
D. Legitimate, because Fidel agreed to treat the child as his own after Gloria told
him who the father was.
28. The husbands acts of forcibly ejecting his wife without just cause from the
conjugal dwelling and refusing to take her back constitutes
A. desertion.
B. recrimination.
C. constructive abandonment.
D. de facto separation.
29. In his will, the testator designated X as a legatee to receive P2 million for the
purpose of buying an ambulance that the residents of his Barangay can use.
What kind of institution is this?
A. a fideicomissary institution.
B. a modal institution.
C. a conditional institution.
D. a collective institution.
30. X insured himself for P5 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 entitled to the insurance benefits?
A. Yes, since the insurance was not dependent on the marriage.
B. Yes, since her designation as beneficiary was irrevocable.
C. No, Xs designation of Y is revoked by operation of law upon the annulment of
their marriage based on Ys fault.
D. Yes, since without judicial revocation, Xs designation of Y remains valid and
binding.
31. May a spouse freely donate communal or conjugal property without the
consent of the other?
A. Absolutely not, since the spouses co-own such property.
B. Yes, for properties that the family may spare, regardless of value.
C. Yes, provided the donation is moderate and intended for charity or family
rejoicing.
D. Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
32. The decedent died intestate leaving an estate of P10 million. He left the
following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse.
Divide the estate.
A. Marlon gets 1/4 and Cecilia gets 3/4.
B. Marlon gets 2/3 and Cecilia 1/3.
C. Marlon gets 1/2 and Cecilia gets 1/2.
D. Marlon gets 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 known as
the principle of
A. Relativity of contracts.
B. Freedom to stipulate.
C. Mutuality of contracts.
D. Obligatory force of contracts.

34. A buyer ordered 5,000 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 all 6,000 apples and pay the seller at P20 per apple.
B. He can accept all 6,000 apples and pay a lesser price for the 1,000 excess
apples.
C. 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.
35. Lino entered into a contract to sell with Ramon, undertaking to convey to the
latter one of the five lots he owns, without specifying which lot it was, for the price
of P1 million. Later, the parties could not agree which of five lots he owned Lino
undertook to sell to Ramon. What is the standing of the contract?
A. Unenforceable.
B. Voidable.
C. Rescissible.
D. Void.
36. Knowing that the car had a hidden crack in the engine, X sold it to Y without
informing the latter about it. In any event, the deed of sale expressly stipulated
that X was not 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 disclosing the fact to Y.
C. No, because Y 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 a
noxious substance found in the sardines. Mylene filed a case for damages
against Acme. Which of the following defenses will hold?
A. The expiry date of the Sards was clearly printed on its can, still the store sold

and Mylene bought it.


B. Mylene must have detected the noxious substance in the sardines by smell,
yet she still ate it.
C. Acme had no transaction with Mylene; she bought the Sards from a store,
not directly from Acme.
D. Acme enjoys the presumption of safeness of its canning procedure and
Mylene has not overcome such presumption.
38. Fernando executed a will, prohibiting his wife Marina from remarrying after
his death, at the pain of the legacy of P100 Million in her favor becoming a nullity.
But a year after Fernandos death, Marina was so overwhelmed with love that
she married another man. Is she entitled to the legacy, the amount of which is
well within the capacity of the disposable free portion of Fernandos estate?
A. Yes, since the prohibition against remarrying is absolute, it is deemed not
written.
B. Yes, because the prohibition is inhuman and oppressive and violates Marinas
rights as a free woman.
C. No, because the nullity of the prohibition also nullifies the legacy.
D. No, since such prohibition is authorized by law and is not repressive; she
could remarry but must give up the money.
39. X, the owner, constituted a 10-year usufruct on his land as well as on the
building standing on it in Ys favor. After flood totally destroyed the building 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. No, since the building was destroyed through no fault of Y.
B. No, since Y still has the right to use the land and the materials left on it.
C. Yes, since Y cannot use the land without the building.
D. Yes, since the destruction of the building without the Xs fault terminated the
usufruct.
40. In gratitude, the grooms parents made a donation of a property in writing to
the brides parents shortly before their childrens wedding. The donation was
accepted. What is the nature of the donation?
A. It is an ordinary donation since it was not given to the bride or groom.

B. It is donation propter nuptias since it was given with the marriage in mind.
C. It is an indirect donation propter nuptias since the bride would eventually
inherit the property from her parents.
D. It is a remunatory donation.
41. X and Y, both Filipinos, were married and resided in Spain although they
intend to return to the Philippines at some future time. They have not executed
any marriage settlements. What law governs their property relations?
A. They may choose between Spanish law and Philippine law.
B. Philippine law since they are both Filipinos.
C. No regime of property relations will apply to them.
D. 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. In case of re-appearance of a missing person presumed dead.
B. In protecting the works of a deceased under intellectual property laws.
C. In case of declaration of presumptive death of a missing spouse.
D. In the settlement of the estate of a deceased person.
43. Six tenants sued X, the landowner, for willfully denying them water for their
farms, which water happened to flow from land under Xs control, his intention
being to force them to leave his properties. Is X liable for his act and why?
A. No, because the tenants must be content with waiting for rainfall for their
farms.
B. No, since X owns both the land and the water.
C. Yes, because the tenants farms have the natural right of access to water
wherever it is located.
D. Yes, since X willfully caused injury to his tenants contrary to morals, good
customs or public policy.
44. Illegitimate brothers and sisters, whether of full or half-blood, are bound to
support each other, EXCEPT when
A. the brother or sister who needs support lives in another place.
B. such brothers and sisters are not recognized by their father.
C. the brother or sister in need stops schooling without valid reason.

D. the need for support of a brother or sister, already of age, is due to the latter's
fault.
45. Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year
old child, surreptitiously entered the garden and merrily romped around the
ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MBs
parents sued Virgilio for damages arising from their childs 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.
C. 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 pool while not in use to prevent
children from falling into it.
46. The term of a 5-year lease contract between X the lessor and Y the lessee,
where rents were paid from month to month, came to an end. Still, Y continued
using the property with Xs 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.
C. under the same terms except the rent which they or the court must fix.
D. for only a year, with the rent raised by 10% pursuant to the rental control law.
47. Rex, a philanthropist, donated a valuable lot to the municipality on the
condition that it will 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 yet 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
fulfilled.
B. No, but Rex is entitled to recover the value of the land from the municipality.
C. No, the transfer of ownership has been completed.
D. Yes, the donation is not deemed made until the suspensive condition has
been fulfilled.

48. Illegitimate children, those not recognized by their biological fathers, shall use
the surname of their
A. biological father subject to no condition.
B. mother or biological father, at the mothers discretion.
C. mother.
D. biological father unless he judicially opposes it.
49. Asiong borrowed P1 million 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. No, but the bank can foreclose and pay Boyong back.
B. No, since Boyong paid for Asiongs loan without his approval.
C. Yes, since a change of creditor took place by novation with the banks
consent.
D. Yes, since it is but right that Boyong be able to get back his money and, if not,
to foreclose the mortgage in the manner of the bank.
50. Congress passed a law imposing taxes on income earned out of a particular
activity 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. No, because laws are intended to be prospective, not retroactive.
B. No, the law is arbitrary in that it taxes income that has already been spent.
C. Yes, since tax laws are the lifeblood of the nation.
D. Yes, tax laws are an exception; they can be given retroactive effect.
51. Rudolf borrowed P1 million 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 could comply,
Fernando went to see him personally to collect and he paid him. Did Rudolf
make a valid payment?
A. No, since Rudolf should have split the payment between Rodrigo and
Fernando.
B. No, since Rodrigo, the other solidary creditor, already made a prior demand
for payment from Rudolf.

C. Yes, since the payment covers the whole obligation.


D. Yes, since Fernando was a 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. The original property regimes are immutable and remain effective.
B. Those enjoying specific regimes under the New Civil Code may adopt the
regime of absolute community of property under the Family Code.
C. Those that married under the New Civil Code but did not choose any of its
regimes shall now be governed by the regime of absolute community of property.
D. They are superseded by the Family Code which has retroactive effect.
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's illegitimate child with a popular actress.
Is the will valid?
A. Yes, since in recognizing his illegitimate child, the testator has made him his
heir.
B. No, because the non-designation of heirs defeats the purpose of a will.
C. No, the will comes to life only when the proper heirs are instituted.
D. Yes, the recognition of an illegitimate heir is an ample reason for a will.
54. A left B, his wife, in the Philippines to work in Egypt but died in that country
after a years continuous stay. Two months after As death, B gave birth to a
child, claiming it is As child. Who can assail the legitimacy of the child?
A. As other heirs apart from B.
B. The State which has interest in the welfare of overseas contract workers.
C. Any one who is outraged by Bs claim.
D. No one 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 as his residence, he agreed. The sponsors were all public officials.
What is the status of the marriage.
A. Valid, since the improper venue is merely an irregularity; all the elements of a

valid marriage are present.


B. Void, because the couple did not get local permit for a beach wedding.
C. Voidable, because the Judge acted beyond his territorial 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 Y, 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 left Y, came to the Philippines
and married Z. Can X be held liable for bigamy?
A. No since Xs marriage to Y is void ab initio or did not exist.
B. No since X acted in good faith, conscious that public policy did not approve of
marriage between first cousins.
C. Yes since he married Z without first securing a judicial declaration of nullity of
his marriage to Y.
D. Yes since his first marriage to Y in Los Angeles is valid.
57. Allan bought Billys property through Carlos, an agent empowered with a
special power of attorney (SPA) to sell the same. When Allan was ready to pay
as scheduled, Billy called, directing Allan to pay directly to him. On learning of
this, Carlos, Billy's agent, 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 consignation without tender of payment is allowed in the face of the
conflicting claims on the plaintiff.
B. Yes, as owner of the property sold, Billy can demand payment directly to
himself.
C. Yes, since Allan made no announcement of the tender.
D. Yes, a tender of payment is required for a valid consignation.
58. X sold Y 100 sacks of rice that Y was to pick up from Xs rice mill on a

particular date. Y did not, however, appear on the agreed date to take delivery of
the rice. 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.
C. No, since there was no express agreement regarding automatic rescission.
D. No, the seller should first determine that Y was not justified in failing to appear.
59. The wife filed a case of legal separation against her husband on the ground
of sexual infidelity without previously exerting earnest efforts to come to a
compromise with him. The judge dismissed the case for having been filed
without complying with a condition precedent. Is the dismissal proper?
A. No, efforts at a compromise will only deepen the wifes anguish.
B. No, since legal separation like validity of marriage is not subject to
compromise agreement for purposes of filing.
C. Yes, to avoid a family feud that is hurtful to everyone.
D. Yes, since the dispute could have been settled with the parties agreeing to
legal separation.
60. An Australian living in the Philippines acquired shares of stock worth P10
million in food manufacturing companies. He died in Manila, leaving a legal wife
and a child in Australia and a live-in partner with whom he had two children in
Manila. He also left a will, done according to Philippine laws, leaving all his
properties to his live-in partner and their children. What law will govern the
validity of the disposition in the will?
A. Australia law since his legal wife and legitimate child are Australians and
domiciled in Australia.
B. Australian law since the intrinsic validity of the provisions of a will is governed
by the decedents national law.
C. Philippine law since the decedent died in Manila and he executed his will
according to such law.
D. Philippine law since the decedents properties are in the Philippines.

61. X bought a land from Y, paying him cash. Since they were friends, they did
not execute any document of sale. After 7 years, the heirs of X asked Y to
execute a deed of absolute sale to formalize the verbal sale to their father.
Unwilling to do so, Xs heirs filed an action for specific performance against Y.
Will their action prosper?
A. No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
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 imprescriptible.
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.
B. The administration shall be given by the court having jurisdiction over the
intestate proceedings to a new administrator whom it will appoint.
C. Cicero automatically becomes administrator of Ricardos estate until judicially
relieved.
D. Ciceros alienations of Ricardo's property will be set aside.
63. Baldo, a rejected suitor, intimidated Judy into marrying him. While she
wanted to question the validity of their marriage 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 file a case for annulment of
marriage against Baldo on ground of lack of consent. Will her action prosper?
A. Yes, the action for annulment is imprescriptible.
B. No, since the marriage was merely voidable and Judy ratified it by freely
cohabiting with

Baldo after the force and intimidation had ceased .

C. No, since the action prescribed 5 years from the date of the celebration of the
marriage.
D. Yes, because the marriage 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.
C. No, because in leaving the conjugal home without just cause, she forfeits her
right to support.
D. Yes, since the right to receive support is not subject to any condition.
65. In the order of intestate succession where the decedent is legitimate, who is
the last intestate heirs or heir who will inherit if all heirs in the higher level are
disqualified or unable to inherit?
A. Nephews and nieces.
B. Brothers and sisters.
C. State.
D. Other collateral relatives up to the 5th degree of consanguinity.
66. Roy and Carlos both undertook a contract to deliver to Sam in Manila a 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 is deemed
converted into one of indemnity for damages. Is the liability of Roy and Carlos
joint or solidary?
A. Neither solidary nor joint since they cannot waive the defense of fortuitous
event to which they are entitled.
B. Solidary or joint upon the discretion of Sam.
C. Solidary since Roy and Carlos failed to perform their obligation to deliver the
motor boat.
D. Joint since the conversion of their liability 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 million. If, in his will, James designates Joanne as his only

heir, what will be the free portion of his estate.


A. Joanne gets all; estate has no free portion left.
B. Joanne gets 1/2; the other half is free portion.
C. Joanne gets 1/3; the remaining 2/3 is free portion.
D. Joanne gets 1/4; the remaining 3/4 is free portion.
68. A warranty inherent in a contract of sale, whether or not mentioned in it, is
known as the
A. warranty on quality.
B. warranty against hidden defects.
C. warranty against eviction.
D. 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 of its case.
B. When the application of the doctrine would cause great prejudice to a foreign
national.
C. When necessary to 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 heir
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?
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 was executed, applying the
principle of lex loci celebrationis.
71. ML inherited from his father P5 million in legitime but he waived it in a public

instrument in favor of his sister QY who accepted the waiver in writing. But as it
happened, ML borrowed P6 million 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 MLs P5 million legitime as partial settlement 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 a third person whose
interest is recognized by law.
C. No, PF must wait for ML to become solvent and, thereafter, sue him for the
unpaid loan.
D. Yes, because a legitime cannot be waived in favor of a specific heir; it must be
divided among all the other heirs.
72. While engaged to be married, Arnold and Josephine agreed in a public
instrument to adopt out the economic regime of absolute community of property.
Arnold acknowledged in the same instrument that Josephines daughter Mary, is
his illegitimate child. But Josephine died before the marriage could take place.
Does the marriage settlement have any significance?
A. None, since the instrument containing the marriage settlement is essentially
void for containing an unrelated matter.
B. Yes, insofar as Arnold acknowledged Mary as his illegitimate child.
C. None, since the marriage did not take place.
D. Yes, if they acquired properties while living together as husband and wife.
73. Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in
Illinois, USA, where the marriage was valid. Their parents gave full consent to
the marriage of their children. After three years, Joseph filed a petition 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 Leonora.

B. Valid, because Joseph's marriage to Jenny is void, he being only 17 years of


age when he married her.
C. Valid, because his marriage 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 As children, get from Ts
estate?
A. Each of D and E will get P1,500,000 by right of representation since their
father repudiated his inheritance.
B. Each of D and E will get P2,225,000 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 get As share
by right of accretion.
D. Each of D and E will get P2,000,000 because the law gives them some
advantage due to the demise of A.
75. No decree of legal separation can be issued
A. unless the childrens welfare is attended to first.
B. without prior efforts at reconciliation shown to be futile.
C. unless the court first directs mediation of the parties.
D. without prior investigation conducted by a public prosecutor.
76. X, who was abroad, phoned his brother, Y, authorizing him to sell Xs parcel
of land in Pasay. X sent the title to Y by courier service. Acting for his brother, Y
executed a notarized 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 Y in writing to sell the land.
C. Valid, since Y was truly his brother Xs agent and entrusted with the title

needed to effect the sale.


D. Valid, since the buyer could file an action to compel X to execute a deed of
sale.
77. In a true pacto de retro sale, the title and ownership of the property sold are
immediately vested in the vendee a retro subject only to the resolutory condition
of repurchase by the vendor a retro within the stipulated 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 a moral obligation to do, otherwise entitling the obligee 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 judicially enforced but authorizes the obligee to retain the obligors
payment or performance.
79. The husband assumed sole administration of the familys mango plantation
since his wife worked abroad. Subsequently, without his wifes knowledge, the
husband entered into an antichretic 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. What is the
standing of the contract?
A. It is void in the absence of the wifes consent.
B. It is void absent an authorization from the court.
C. 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 wifes
acceptance or the courts authorization.
80. When the donor gives donations without reserving sufficient funds for his
support or for the support of his dependents, his 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.
C. Void, since it amounts to wanton expenditure beyond his means.
D. Reducible to the extent that the donations impaired the support due to himself
and his dependents.
81. Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on
due date. Bessy sent a demand letter to Anne giving her 5 days from receipt
within which to pay. Two days after receipt of the letter, Anne personally offered
to pay Bessy in manager's check but the latter refused to accept the same. The
5 days lapsed. May Annes obligation be considered extinguished?
A. Yes, since Bessys refusal of the managers 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 amount due.
D. No, since a managers check is not considered legal tender in the Philippines.
82. The residents of a subdivision have been using an open strip 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 it in going to the highway.
B. No, the owner did not abandon his right to the property; he merely tolerated
his neighbors use of it for passage.
C. 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 or land is subject to the easement which prohibits its

proprietor or possessor from committing nuisance like noise, jarring, offensive


odor, and smoke. This principle is known as
A. Jus vindicandi.
B. Sic utere tuo ut alienum non laedas.
C. Jus dispondendi.
D. Jus abutendi.
84. Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifers
business partner for recovery of property with damages. The complaint did not
allege that Janice exerted earnest efforts to come to a 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 settlement 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
close friend. When the loan matured, Y offered to pay the bank but it refused
since Y was not the borrower. Is the banks action correct?
A. Yes, since X, the true borrower, did not give his consent to Ys offer to pay.
B. No, since anybody can discharge Xs obligation to his benefit.
C. No, since Y, the owner of the collateral, has an interest in the payment of the
obligation.
D. Yes, since it was X who has an obligation to the bank.
86. The right of a mortgagor in a judicial foreclosure to redeem the mortgaged
property after his default in the performance of the conditions of the mortgage but
before the sale of the mortgaged property or confirmation of the sale by the court,
is known as
A. accion publiciana.

B. equity of redemption.
C. pacto de retro.
D. right of redemption.
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 and wife
before officiating officer.
B. At the time the spouses acquire properties through joint efforts.
C. On the date the future spouses executed their marriage settlements because
this is the starting point of their marital relationship.
D. On the date agreed upon by the future spouses in their marriage settlements
since their agreement is the law between them.
88. Josie, 18, married Dante, 25, without her parents knowledge and consent,
and lived with him. After a year, Josie returned to her parents home, complained
of the unbearable battering she was getting from Dante, and expressed a desire
to have her marriage with him annulled. Who may bring the action?
A. Dante.
B. Her parents.
C. Josie herself.
D. The State.
89. X, a married man, cohabited with Y, an unmarried woman. Their relation bore
them BB, a baby boy. Subsequently, after X became a widower, he married Y.
Was BB legitimated by that marriage?
A. Yes, since his parents are now lawfully married.
B. Yes, since he is an innocent party and the marriage rectified the wrong done
him.
C. No, since once illegitimate, a child shall always remain illegitimate.
D. 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. Void.
91. Can common-law spouses donate properties of substantial value to one
another?
A. No, they 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 a disadvantage.
C. Yes, unlike the case of legally married spouses, such donations are not
prohibited.
D. Yes, as long as they leave sufficient property for themselves and for their
dependents.
92. X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will
provided that this legacy is to be set off against the P1.5 million X owed Y. After
the set off, X still owed Y P500,000. Can Y still collect this amount?
A. Yes, because the designation of Y as legatee created a new and separate
juridical relationship between them, that of testator-legatee.
B. It depends upon the discretion of the probate court if a claim is filed in the
testate proceedings.
C. No, because the intention of the testator in giving the legacy is to abrogate his
entire obligation to Y.
D. No, because X had no instruction in his will to deliver more than the legacy of
P1 million to Y.
93. Josie owned a lot worth P5 million prior to her marriage to Rey.
Subsequently, 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 P9 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
propertys value is less than her lots value; but she is to reimburse conjugal
partnership expenses.
C. Josie still owns the lot, it being her exclusive property, but the house belongs

to the conjugal partnership.


D. The house and lot shall both belong to the conjugal partnership, with Josie
entitled to reimbursement for the value of the lot.
94. An action for reconveyance of a registered piece of land may be brought
against the owner appearing on the title based on 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 title of the property as long as the trust had not been repudiated.
What is the exception to this 10-year prescriptive period?
A. When the plaintiff had no notice of the deed or the issuance of the certificate
of title.
B. When the title holder concealed the matter from the plaintiff.
C. When fortuitous circumstances prevented the plaintiff from filing the case
sooner.
D. When the plaintiff is in possession of the property.
95. Conrad and Linda, both 20 years old, applied for a marriage license, making
it appear that they were over 25. They married without their parents knowledge
before an unsuspecting judge. After the couple has been in cohabitation for 6
years, Lindas 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 validity of their marriage after they
became 21 of age; their cohabitation also convalidated the marriage.
B. No, since Lindas parents made no allegations that earnest efforts have been
made to come to a compromise with Conrad and Linda and which efforts failed.
C. Yes, since the marriage is voidable, the couple being below 21 years of age
when they married.
D. Yes, since Lindas parents never gave their consent to the marriage.
96. Pepito executed a 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 notarized the will in his law office where all signatories to the
will acknowledged that the testator signed the will in 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?


A. No, since it was not notarized on the occasion when the signatories affixed
their signatures on the will.
B. Yes, since the Notary Public has to be present only when the signatories
acknowledged the acts required of them in relation to the will.
C. Yes, but the defect in the mere notarization of the will is not fatal to its
execution.
D. No, since the notary public did not require the signatories to sign their
respective attestations again.
97. Venecio and Ester lived as common-law spouses since both have been
married 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 earned the same while living as husband and wife.
B. Separate since their property relations with their legal spouses are still
subsisting.
C. Co-ownership since they agreed to work for their mutual benefit.
D. Communal since they earned the same as common-law spouses.
98. What is the prescriptive period for filing an action for revocation of a donation
based on acts of ingratitude of the donee?
A. 5 years from the perfection of the donation.
B. 1 year from the perfection of the donation.
C. 4 years from the perfection of the donation.
D. Such action does not prescribe.
99. Before Karen married Karl, she inherited P5 million from her deceased
mother which amount she brought into the marriage. She later used part of the
money to buy a new Mercedes Benz in her name, which Karen and her husband
used as a family car. Is the car a conjugal or Karens exclusive property?
A. It is conjugal property since the spouses use it as a family car.
B. It is Karens exclusive property since it is in her name.
C. It is conjugal property having been bought during the marriage.
D. It is Karens exclusive property since she bought it with her own money.

100. Because of Xs 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 family member. Is Y entitled to indemnity for the death
of the foetus she carried?
A. Yes, since the foetus is already regarded as a child from conception, though
unborn.
B. No, since Xs would not have known that the accident would result in Ys
abortion.
C. No, since birth determines personality, the accident did not result in the death
of a person.
D. Yes, since the mother believed in her heart that she lost a child.
Page 22 of 22

Bar Examination Questionnaire for Commercial Law


Set A
1. P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in Tarlac,
the bus driver, the conductor, and the passengers disembarked for lunch. P decided,
however, to remain in the bus, the door of which was not locked. At this point, V, a
vendor, sneaked into the bus and offered P some refreshments. When P rudely
declined, V attacked him, resulting in P suffering from bruises and contusions. Does
he have cause to sue Sentinel Liner?
A.Yes, since the carrier's crew did nothing to protect a passenger who remained in
the bus during the stop-over.
B. No, since the carrier's crew could not have foreseen the attack.
C. Yes, since the bus is liable for anything that goes wrong in the course of a trip.
D. No, since the attack on P took place when the bus was at a stop-over.
2. A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a storm
and lost all its cargo amounting to Php50 Million. The ship itself suffered damages
estimated at Php80 Million. The cargo owners filed a suit against X Shipping but it
invoked the doctrine of limited liability since its vessel suffered an Php80 Million
damage, more than the collective value of all lost cargo. Is X Shipping correct?
A. Yes, since under that doctrine, the value of the lost cargo and the damage to the
ship can be set-off.
B. No, since each cargo owner has a separate and individual claim for damages.
C. Yes, since the extent of the ships damage was greater than that of the value of
the lost cargo.
D. No, since X Shipping neither incurred a total loss nor abandoned its ship.
3. A writes a promissory note in favor of his creditor, B. It says: Subject to my
option, I promise to pay B Php1 Million or his order or give Php1 Million worth of
cement or to authorize him to sell my house worth Php1 Million. Signed, A. Is the
note negotiable?
A. No, because the exercise of the option to pay lies with A, the maker and debtor.
B. No, because it authorizes the sale of collateral securities in case the note is not
paid at maturity.
C. Yes, because the note is really payable to B or his order, the other provisions
being merely optional.
D. Yes, because an election to require something to be done in lieu of payment of
money does not affect negotiability.
4. ABC Corp. increased its capital stocks from Php10 Million to Php15 Million and, in
the process, issued 1,000 new shares divided into Common Shares B and
Common Shares C. T, a stockholder owning 500 shares, insists on buying the
newly issued shares through a right of pre-emption. The company claims, however,
that its By-laws deny T any right of pre-emption. Is the corporation correct?
A. No, since the By-Laws cannot deny a shareholder his right of pre-emption.

B. Yes, but the denial of his pre-emptive right extends only to 500 shares.
C. Yes, since the denial of the right under the By-laws is binding on T.
D. No, since pre-emptive rights are governed by the articles of incorporation.
5. M makes a promissory note that states: I, M, promise to pay Php5,000.00 to B
or bearer. Signed, M. M negotiated the note by delivery to B, B to N, and N to
O. B had known that M was bankrupt when M issued the note. Who would be
liable to O?
A. M and N since they may be assumed to know of M's bankruptcy
B. N, being O's immediate negotiator of a bearer note
C. B, M, and N, being indorsers by delivery of a bearer note
D. B, having known of M's bankruptcy
6. S delivered 10 boxes of cellphones to Trek Bus Liner, for transport from Manila to
Ilocos Sur on the following day, for which S paid the freightage. Meanwhile, the
boxes were stored in the bus liners bodega. That night, however, a robber broke
into the bodega and stole Ss boxes. S sues Trek Bus Liner for contractual breach
but the latter argues that S has no cause of action based on such breach since the
loss occurred while the goods awaited transport. Who is correct?
A. The bus liner since the goods were not lost while being transported.
B. S since the goods were unconditionally placed with T for transportation.
C. S since the freightage for the goods had been paid.
D. The bus liner since the loss was due to a fortuitous event.
7. X Corp. operates a call center that received orders for pizzas on behalf of Y Corp.
which operates a chain of pizza restaurants. The two companies have the same set
of corporate officers. After 2 years, X Corp. dismissed its call agents for no apparent
reason. The agents filed a collective suit for illegal dismissal against both X Corp.
and Y Corp. based on the doctrine of piercing the veil of corporate fiction. The
latter set up the defense that the agents are in the employ of X Corp. which is a
separate juridical entity. Is this defense appropriate?
A. No, since the doctrine would apply, the two companies having the same set of
corporate officers.
B. No, the real employer is Y Corp., the pizza company, with X Corp. serving as an
arm for receiving its outside orders for pizzas.
C. Yes, it is not shown that one company completely dominates the finances,
policies, and business practices of the other.
D. Yes, since the two companies perform two distinct businesses.
8. A negotiable instrument can be indorsed by way of a restrictive indorsement,
which prohibits further negotiation and constitutes the indorsee as agent of the
indorser. As agent, the indorsee has the right, among others, to
A. demand payment of the instrument only.

B. notify the drawer of the payment of the instrument.


C. receive payment of the instrument.
D. instruct that payment be made to the drawee.
9. Under the Negotiable Instruments Law, a signature by procuration operates as a
notice that the agent has but a limited authority to sign. Thus, a person who takes a
bill that is drawn, accepted, or indorsed by procuration is duty-bound to inquire into
the extent of the agent's authority by:
A. examining the agents special power of attorney.
B. examining the bill to determine the extent of such authority.
C. asking the agent about the extent of such authority.
D. asking the principal about the extent of such authority.
10. Under the Negotiable Instruments Law, if the holder has a lien on the instrument
which arises either from a contract or by implication of law, he would be a holder for
value to the extent of
A. his successor's interest.
B. his predecessor's interest.
C. the lien in his favor.
D. the amount indicated on the instrument's face.
11. The liability of a common carrier for the goods it transports begins from the
time of
A. conditional receipt.
B. constructive receipt.
C. actual receipt.
D. either actual or constructive receipt.
12. On Xs failure to pay his loan to ABC Bank, the latter foreclosed the Real Estate
Mortgage he executed in its favor. The auction sale was set for Dec. 1, 2010 with
the notices of sale published as the law required. The sale was, however, cancelled
when Dec. 1, 2010 was declared a holiday and re-scheduled to Jan. 10, 2011
without republication of notice. The auction sale then proceeded on the new date.
Under the circumstances, the auction sale is
A. rescissible.
B. unenforceable.
C. void.
D. voidable.
13. X executed a promissory note with a face value of Php50,000.00, payable to the
order of Y. Y indorsed the note to Z, to whom Y owed Php30,000.00. If X has no
defense at all against Y, for how much may Z collect from X?

A. Php20,000.00, as he is a holder for value to the extent of the difference


between Y's debt and the value of the note.
B. Php30,000.00, as he is a holder for value to the extent of his lien.
C. Php50,000.00, but with the obligation to hold Php20,000.00 for Y's benefit.
D. None, as Z's remedy is to run after his debtor, Y.
14. Under the Anti-Money Laundering Law, a covered institution is required to
maintain a system of verifying the true identity of their clients as well as persons
purporting to act on behalf of
A. those doing business with such clients.
B. unknown principals.
C. the covered institution.
D. such clients.
15. It is settled that neither par value nor book value is an accurate indicator of the
fair value of a share of stock of a corporation. As to unpaid subscriptions to its
shares of stock, as they are regarded as corporate assets, they should be included
in the
A. capital value.
B. book value.
C. par value.
D. market value.
16. P sold to M 10 grams of shabu worth Php5,000.00. As he had no money at the
time of the sale, M wrote a promissory note promising to pay P or his order
Php5,000. P then indorsed the note to X (who did not know about the shabu), and X
to Y. Unable to collect from P, Y then sued X on the note. X set up the defense of
illegality of consideration. Is he correct?
A. No, since X, being a subsequent indorser, warrants that the note is valid and
subsisting.
B. No, since X, a general indorser, warrants that the note is valid and subsisting.
C. Yes, since a void contract does not give rise to any right.
D. Yes, since the note was born of an illegal consideration which is a real defense.
17. In a contract of carriage, the common carrier is liable for the injury or death of a
passenger resulting from its employees fault although the latter acted beyond the
scope of his authority. This is based on the
A. rule that the carrier has an implied duty to transport the passenger safely.
B. rule that the carrier has an express duty to transport the passenger safely
C. Doctrine of Respondeat Superior.
D. rule in culpa aquiliana.

18. A holder in due course holds the instrument free from any defect of title of prior
parties and free from defenses available to prior parties among themselves. An
example of such a defense is A. fraud in inducement.
B. duress amounting to forgery.
C. fraud in esse contractus.
D. alteration.
19. In elections for the Board of Trustees of non-stock corporations, members may
cast as many votes as there are trustees to be elected but may not cast more than
one vote for one candidate. This is true A. unless set aside by the members in plenary session.
B. in every case even if the Board of Trustees resolves otherwise.
C. unless otherwise provided in the Articles of Incorporation or in the By-laws.
D. in every case even if the majority of the members decide otherwise during the
elections.
20. The rule is that the valuation of the shares of a stockholder who exercises his
appraisal rights is determined as of the day prior to the date on which the vote was
taken. This is true A. regardless of any depreciation or appreciation in the share's fair value.
B. regardless of any appreciation in the share's fair value.
C. regardless of any depreciation in the share's fair value.
D. only if there is no appreciation or depreciation in the share's fair value.
21. T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance
policies stated that the insurer shall answer for all damages due to perils of the sea.
One of the insured's ship, the MV Dona Priscilla, ran aground in the Panama Canal
when its engine pipes leaked and the oil seeped into the cargo compartment. The
leakage was caused by the extensive mileage that the ship had accumulated. May
the insurer be made to answer for the damage to the cargo and the ship?
A. Yes, because the insurance policy covered any or all damage arising from perils
of the sea.
B. Yes, since there appears to have been no fault on the part of the shipowner and
shipcaptain.
C. No, since the proximate cause of the damage was the breach of warranty of
seaworthiness of the ship.
D. No, since the proximate cause of the damage was due to ordinary usage of the
ship, and thus not due to a peril of the sea.
22. X has been a long-time household helper of Z. X's husband, Y, has also been Z's
long-time driver. May Z insure the lives of both X and Y with Z as beneficiary?
A. Yes, since X and Y render services to Z.

B. No, since X and Y have no pecuniary interest on the life of Z arising from their
employment with him.
C. No, since Z has no pecuniary interest in the lives of X and Y arising from their
employment with him.
D. Yes, since X and Y are Zs employees.
23. X, Co., a partnership, is composed of A (capitalist partner), B (capitalist partner)
and C (industrial partner). If you were partner A, who between B and C would you
have an insurable interest on, such that you may then insure him?
A. No one, as there is merely a partnership contract among A, B and C.
B. Both B and C, as they are your partners.
C. Only C, as he is an industrial partner.
D. Only B, as he is a capitalist partner.
24. X is the holder of an instrument payable to him (X) or his order, with Y as maker.
X then indorsed it as follows: Subject to no recourse, pay to Z. Signed, X. When Z
went to collect from Y, it turned out that Y's signature was forged. Z now sues X for
collection. Will it prosper?
A. Yes, because X, as a conditional indorser, warrants that the note is genuine.
B. Yes, because X, as a qualified indorser, warrants that the note is genuine.
C. No, because X made a qualified indorsement.
D. No, because a qualified indorsement does not include the warranty of
genuineness.
25. A bill of exchange has T for its drawee, U as drawer, and F as holder. When F
went to T for presentment, F learned that T is only 15 years old. F wants to recover
from U but the latter insists that a notice of dishonor must first be made, the
instrument being a bill of exchange. Is he correct?
A. Yes, since a notice of dishonor is essential to charging the drawer.
B. No, since T can waive the requirement of notice of dishonor.
C. No, since F can treat U as maker due to the minority of T, the drawee.
D. Yes, since in a bill of exchange, notice of dishonor is at all times required.
26. An insured, who gains knowledge of a material fact already after the effectivity
of the insurance policy, is not obliged to divulge it. The reason for this is that the
test of concealment of material fact is determined
A. at the time of the issuance of the policy.
B. at any time before the payment of premium.
C. at the time of the payment of the premium.
D. at any time before the policy becomes effective.
27. T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an Intensity
8 earthquake along the path of his ship. On waking up, he immediately ordered the

ship to return to port. True enough, the earthquake and tsunami struck three days
later and his ship was saved. Was the deviation proper?
A. Yes, because the deviation was made in good faith and on a reasonable ground
for believing that it was necessary to avoid a peril.
B. No, because no reasonable ground for avoiding a peril existed at the time of the
deviation.
C. No, because T relied merely on his supposed gift of prophecy.
D. Yes, because the deviation took place based on a reasonable belief of the
captain.
28. X, drawee of a bill of exchange, wrote the words: Accepted, with promise to
make payment within two days. Signed, X. The drawer questioned the acceptance
as invalid. Is the acceptance valid?
A. Yes, because the acceptance is in reality a clear assent to the order of the drawer
to pay.
B. Yes, because the form of the acceptance is really immaterial.
C. No, because the acceptance must be a clear assent to the order of the drawer to
pay.
D. No, because the document must not express that the drawee will perform his
promise within two days.
29. X came up with a new way of presenting a telephone directory in a mobile
phone, which he dubbed as the iTel and which uses lesser time for locating names
and telephone numbers. May X have his iTel copyrighted in his name?
A. No, because it is a mere system or method.
B. Yes, because it is an original creation.
C. Yes, because it entailed the application of X's intellect.
D. No, because it did not entail any application of X's intellect.
30. D, debtor of C, wrote a promissory note payable to the order of C. C's brother,
M, misrepresenting himself as Cs agent, obtained the note from D, then negotiated
it to N after forging C's signature. N indorsed it to E, who indorsed it to F, a holder in
due course. May F recover from E?
A. No, since the forgery of C's signature results in the discharge of E.
B. Yes, since only the forged signature is inoperative and E is bound as indorser.
C. No, since the signature of C, the payee, was forged.
D. Yes, since the signature of C is immaterial, he being the payee.
31. A material alteration of an instrument without the assent of all parties liable
thereon results in its avoidance, EXCEPT against a
A. prior indorsee.
B. subsequent acceptor.

C. subsequent indorser.
D. prior acceptor.
32. X constituted a chattel mortgage on a car (valued at Php1 Million pesos) to
secure a P500,000.00 loan. For the mortgage to be valid, X should have
A. the right to mortgage the car to the extent of half its value.
B. ownership of the car.
C. unqualified free disposal of his car.
D. registered the car in his name.
33. B borrowed Php1 million from L and offered to him his BMW car worth Php1
Million as collateral. B then executed a promissory note that reads: I, B, promise to
pay L or bearer the amount of Php1 Million and to keep my BMW car (loan collateral)
free from any other encumbrance. Signed, B. Is this note negotiable?
A. Yes, since it is payable to bearer.
B. Yes, since it contains an unconditional promise to pay a sum certain in money.
C. No, since the promise to just pay a sum of money is unclear.
D. No, since it contains a promise to do an act in addition to the payment of money.
34. A bank can be placed under receivership when, if allowed to continue in
business, its depositors or creditors would incur
A. probable losses
B. inevitable losses
C. possible losses
D. a slight chance of losses
35. EFG Foundation, Inc., a non-profit organization, scheduled an election for its sixmember Board of Trustees. X, Y and Z, who are minority members of the foundation,
wish to exercise cumulative voting in order to protect their interest, although the
Foundation's Articles and By-laws are silent on the matter. As to each of the three,
what is the maximum number of votes that he/she can cast?
A. 6
B. 9
C. 12
D. 3
36. If the drawer and the drawee are the same person, the holder may present the
instrument for payment without need of a previous presentment for acceptance. In
such a case, the holder treats it as a
A. non-negotiable instrument.
B. promissory note.
C. letter of credit.

D. check.
37. D draws a bill of exchange that states: One month from date, pay to B or his
order Php100,000.00. Signed, D. The drawee named in the bill is E. B negotiated
the bill to M, M to N, N to O, and O to P. Due to non-acceptance and after
proceedings for dishonor were made, P asked O to pay, which O did. From whom
may O recover?
A. B, being the payee
B. N, as indorser to O
C. E, being the drawee
D. D, being the drawer
38. T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter
disputing a columnists claim about an incident in the attorneys family. T used the
law firms letterhead and its computer in preparing the letter. T also requested the
firms messenger to deliver the letter to the publisher. Who owns the copyright to
the letter?
A. T, since he is the original creator of the contents of the letter.
B. Both T and the publisher, one wrote the letter to the other who has possession
of it.
C. The law office since T was an employee and he wrote it on the firms letterhead.
D. The publisher to whom the letter was sent.
39. E received goods from T for display and sale in E's store. E was to turn over to T
the proceeds of any sale and return the ones unsold. To document their agreement,
E executed a trust receipt in Ts favor covering the goods. When E failed to turn
over the proceeds from his sale of the goods or return the ones unsold despite
demand, he was charged in court for estafa. E moved to dismiss on the ground that
his liability is only civil. Is he correct?
A. No, since he committed fraud when he promised to pay for the goods and did not.
B. No, since his breach of the trust receipt agreement subjects him to both civil and
criminal liability for estafa.
C. Yes, since E cannot be charged with estafa over goods covered a trust receipt.
D. Yes, since it was merely a consignment sale and the buyer could not pay.
40. The authorized alteration of a warehouse receipt which does not change its
tenor renders the warehouseman liable according to the terms of the receipt
A. in its original tenor if the alteration is material.
B. in its original tenor.
C. as altered if there is fraud.
D. as altered.
41. Any agreement binding upon the holder to extend the time of payment or to

postpone the holder's right to enforce the instrument results in the discharge of
the party secondarily liable unless made with the latter's consent. This
agreement refers to one which the holder made with the
A. principal debtor.
B. principal creditor.
C. secondary creditor.
D. secondary debtor.
42. Upon execution of a trust receipt over goods, the party who is obliged to
release such goods and who retains security interest on those goods, is called
the
A. holder.
B. shipper.
C. entrustee.
D. entrustor.
43. X, warehouseman, sent a text message to Y, to whom X had issued a
warehouse receipt for Y's 500 sacks of corn, notifying him of the due date and
time to settle the storage fees. The message stated also that if Y does not settle
the warehouse charges within 10 days, he will advertise the goods for sale at a
public auction. When Y ignored the demand, X sold 100 sacks of corn at a public
auction. For Xs failure to comply with the statutory requirement of written notice
to satisfy his lien, the sale of the 100 sacks of corn is
A. voidable.
B. rescissible.
C. unenforceable.
D. void.
44. On June 1, 2011, X mailed to Y Insurance, Co. his application for life
insurance, with payment for 5 years of premium enclosed in it. On July 21, 2011,
the insurance company accepted the application and mailed, on the same day,
its acceptance plus the cover note. It reached X's residence on August 11, 2011.
Page 9 of 22Bar Examination Questionnaire for Commercial Law
Set A
But, as it happened, on August 4, 2011, X figured in a car accident. He died a

day later. May X's heirs recover on the insurance policy?


A. Yes, since under the Cognition Theory, the insurance contract was perfected
upon acceptance by the insurer of X's application.
B. No, since there is no privity of contract between the insurer and Xs heirs.
C. No, since X had no knowledge of the insurer's acceptance of his application
before he died.
D. Yes, since under the Manifestation Theory, the insurance contract was
perfected upon acceptance of the insurer of X's application.
45. A bill of exchange has D as drawer, E as drawee and F as payee. The bill
was then indorsed to G, G to H, and H to I. I, the current holder presented the
bill to E for acceptance. E accepted but, as it later turned out, D is a fictitious
person. Is E freed from liability?
A. No, since by accepting, E admits the existence of the drawer.
B. No, since by accepting, E warrants that he is solvent.
C. Yes, if E was not aware of that fact at the time of acceptance.
D. Yes, since a bill of exchange with a fictitious drawer is void and inexistent.
46. Due to his debt to C, D wrote a promissory note which is payable to the order
of C. C's brother, M, misrepresenting himself as agent of C, obtained the note
from D. M then negotiated the note to N after forging the signature of C. May N
enforce the note against D?
A. Yes, since D is the principal debtor.
B. No, since the signature of C was forged.
C. No, since it is C who can enforce it, the note being payable to the order of C.
D. Yes, since D, as maker, is primarily liable on the note.
47. T Corp. has a corporate term of 20 years under its Articles of Incorporation or
from June 1, 1980 to June 1, 2000. On June 1, 1991 it amended its Articles of
Incorporation to extend its life by 15 years from June 1, 1980 to June 1, 2015.
The SEC approved this amendment. On June 1, 2011, however, T Corp decided
to shorten its term by 1 year or until June 1, 2014. Both the 1991 and 2011
amendments were approved by majority vote of its Board of Directors and ratified
in a special meeting by its stockholders representing at least 2/3 of its
outstanding capital stock. The SEC, however, disapproved the 2011 amendment

on the ground that it cannot be made earlier than 5 years prior to the expiration
date of the corporate term, which is June 1, 2014. Is this SEC disapproval
correct?
A. No, since the 5-year rule on amendment of corporate term applies only to
extension, not to shortening, of term.
B. Yes, any amendment affecting corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
C. No, since a corporation can in fact have a corporate life of 50 years.
D. Yes, the amendment to shorten corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
48. B, while drunk, accepted a passenger in his taxicab. B then drove the taxi
Page 10 of 22Bar Examination Questionnaire for Commercial Law
Set A
recklessly, and inevitably, it crashed into an electric post, resulting in serious
physical injuries to the passengers. The latter then filed a suit for tort against B's
operator, A, but A raised the defense of having exercised extraordinary diligence
in the safety of the passenger. Is his defense tenable?
A. Yes, as a common carrier can rebut the presumption of negligence by raising
such a defense.
B. No, as in tort actions, the proper defense is due diligence in the selection and
supervision of the employee by the employer.
C. No, as B, the common carrier's employee, was obviously negligent due to his
intoxication.
D. Yes, as a common carrier can invoke extraordinary diligence in the safety of
passengers in tort cases.
49.X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010.
On April 11, 2010, X resigned and was replaced by R, who assumed as director
on May 17, 2010. On Nov. 21, 2010, R died. S was then elected in his place.
Until which time should S serve as director?
A. April 11, 2011.
B. Feb. 1, 2011.
C. May 17, 2011.

D. Nov. 21, 2011.


50. M, the maker, issued a promissory note to P, the payee which states: I, M,
promise to pay P or order the amount of Php1 Million. Signed, M. P negotiated
the note by indorsement to N, then N to O also by indorsement, and O to Q,
again by indorsement. But before O indorsed the note to Q, O's wife wrote the
figure 2 on the note after Php1 without O's knowledge, making it appear that
the note is for Php12 Million. For how much is O liable to Q?
A. Php1 Million since it is the original tenor of the note.
B. Php1 Million since he warrants that the note is genuine and in all respects
what it purports to be.
C. Php12 Million since he warrants his solvency and that he has a good title to
the note.
D. Php12 Million since he warrants that the note is genuine and in all respects
what it purports to be.
51. X Corp., whose business purpose is to manufacture and sell vehicles,
invested its funds in Y Corp., an investment firm, through a resolution of its Board
of Directors. The investment grew tremendously on account of Y Corp.'s
excellent business judgment. But a minority stockholder in X Corp. assails the
investment as ultra vires. Is he right and, if so, what is the status of the
investment?
A. Yes, it is an ultra vires act of the corporation itself but voidable only, subject to
stockholders ratification.
B. Yes, it is an ultra vires act of its Board of Directors and thus void.
C. Yes, it is an ultra vires act of its Board of Directors but voidable only, subject to
stockholders ratification.
D. Yes, it is an ultra vires act of the corporation itself and, consequently, void.
Page 11 of 22Bar Examination Questionnaire for Commercial Law
Set A
52. Notice of dishonor is not required to be made in all cases. One instance
where such notice is not necessary is when the indorser is the one to whom the
instrument is suppose to be presented for payment. The rationale here is that the
indorser

A. already knows of the dishonor and it makes no sense to notify him of it.
B. is bound to make the acceptance in all cases.
C. has no reason to expect the dishonor of the instrument.
D. must be made to account for all his actions.
53. Eagleson Refillers, Co., a firm that sells water to the public, opposes the
trade name application of Eagleson Laundry, Co., on the ground that such trade
name tends to deceive trade circles or confuse the public with respect to the
water firms registered trade name. Will the opposition prosper?
A. Yes, since such use is likely to deceive or confuse the public.
B. Yes, since both companies use water in conducting their business.
C. No, since the companies are not engaged in the same line of business.
D. No, since the root word Eagle is a generic name not subject to registration.
54. For a constructive total loss to exist in marine insurance, it is required that the
person insured relinquish his interest in the thing insured. This relinquishment
must be
A. actual.
B. constructive first and if it fails, then actual.
C. either actual or constructive.
D. constructive.
55. The Corporation Code sanctions a contract between two or more
corporations which have interlocking directors, provided there is no fraud that
attends it and it is fair and reasonable under the circumstances. The interest of
an interlocking director in one corporation may be either substantial or nominal. It
is nominal if his interest:
A. does not exceed 25% of the outstanding capital stock.
B. exceeds 25% of the outstanding capital stock.
C. exceeds 20% of the outstanding capital stock.
D. does not exceed 20% of the outstanding capital stock.
56. X, an amateur astronomer, stumbled upon what appeared to be a massive
volcanic eruption in Jupiter while peering at the planet through his telescope. The
following week, X, without notes, presented a lecture on his findings before the
Association of Astronomers of the Philippines. To his dismay, he later read an

article in a science journal written by Y, a professional astronomer, repeating


exactly what X discovered without any attribution to him. Has Y infringed on X's
copyright, if any?
A. No, since X did not reduce his lecture in writing or other material form.
B. Yes, since the lecture is considered Xs original work.
C. No, since no protection extends to any discovery, even if expressed,
Page 12 of 22Bar Examination Questionnaire for Commercial Law
Set A
explained, illustrated, or embodied in a work.
D. Yes, since Ys article failed to make any attribution to X.
57. In case of disagreement between the corporation and a withdrawing
stockholder who exercises his appraisal right regarding the fair value of his
shares, a three-member group shall by majority vote resolve the issue with
finality. May the wife of the withdrawing stockholder be named to the threemember
group?
A. No, the wife of the withdrawing shareholder is not a disinterested person.
B. Yes, since she could best protect her husband's shareholdings.
C. Yes, since the rules do not discriminate against wives.
D. No, since the stockholder himself should sit in the three-member group.
58. Apart from economic rights, the author of a copyright also has moral rights
which he may transfer by way of assignment. The term of these moral rights shall
last
A. during the author's lifetime and for 50 years after his death.
B. forever.
C. 50 years from the time the author created his work.
D. during the author's lifetime.
59. Which of the following indorsers expressly warrants in negotiating an
instrument that 1) it is genuine and true; 2) he has a good title to it; 3) all prior
parties have capacity to negotiate; and 4) it is valid and subsisting at the time of
his indorsement?
A. The irregular indorser.
B. The regular indorser.

C. The general indorser.


D. The qualified indorser.
60.

Where the insurer was made to pay the insured for a loss covered by the

insurance contract, such insurer can run after the third person who caused the
loss through subrogation. What is the basis for conferring the right of subrogation
to the insurer?
A. Their express stipulation in the contract of insurance.
B. The equitable assignment that results from the insurers payment of the
insured.
C. The insureds formal assignment of his right to indemnification to the insurer.
D. The insureds endorsement of its claim to the insurer.
61. X invented a device which, through the use of noise, can recharge a
cellphone battery. He applied for and was granted a patent on his device,
effective within the Philippines. As it turns out, a year before the grant of X's
patent, Y, also an inventor, invented a similar device which he used in his
cellphone business in Manila. But X files an injunctive suit against Y to stop him
from using the device on the ground of patent infringement. Will the suit
prosper?
Page 13 of 22Bar Examination Questionnaire for Commercial Law
Set A
A. No, since the correct remedy for X is a civil action for damages.
B. No, since Y is a prior user in good faith.
C. Yes, since X is the first to register his device for patent registration.
D. Yes, since Y unwittingly used Xs patented invention.
62. P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit
(MRT) bought two tokens or tickets, one for her ride to work and another for her
ride home. She got to her flower shop where she usually worked from 8 a.m. to
5 p.m. At about 3 p.m., while P was attending to her duties at the flower shop,
two crews of the MRT got into a fight near the flower shop, causing injuries to P
in the process. Can P sue the MRT for contractual breach as she was within the
MRT premises where she would shortly take her ride home?
A. No, since the incident took place, not in an MRT train coach, but at the MRT

station.
B. No, since P had no intention to board an MRT train coach when the incident
occured.
C. Yes, since she already had a ticket for her ride home and was in the MRTs
premises at the time of the incident.
D. Yes, since she bought a round trip ticket and MRT had a duty while she was at
its station to keep her safe for her return trip.
63. Forgery of bills of exchange may be subdivided into, a) forgery of an
indorsement on the bill and b) forgery of the drawer's signature, which may either
be with acceptance by the drawee, or
A. with acceptance but the bill is paid by the drawee.
B. without acceptance but the bill is paid by the drawer.
C. without acceptance but the bill is paid by the drawee.
D. with acceptance but the bill is paid by the drawer.
64.

If an insurance policy prohibits additional insurance on the property insured

without the insurer's consent, such provision being valid and reasonable, a
violation by the insured
A. reduces the value of the policy.
B. avoids the policy.
C. offsets the value of the policy with the additional insurancess value.
D. forfeits premiums already paid.
65. X found a check on the street, drawn by Y against ABC Bank, with Z as
payee. X forged Z's signature as an indorser, then indorsed it personally and
delivered it to DEF Bank. The latter, in turn, indorsed it to ABC Bank which
charged it to the Ys account. Y later sued ABC Bank but it set up the forgery as
its defense. Will it prosper?
A. No, since the payee's signature has been forged.
B. No, since Ys remedy is to run after the forger, X.
C. Yes, since forgery is only a personal defense.
D. Yes, since ABC Bank is bound to know the signature of Y, its client.
66. The rule is that no stock dividend shall be issued without the approval of
Page 14 of 22Bar Examination Questionnaire for Commercial Law

Set A
stockholders representing at least 2/3 of the outstanding capital stock at a regular
or special meeting called for the purpose. As to other forms of dividends:
A. a mere majority of the entire Board of Directors applies.
B. a mere majority of the quorum of the Board of Directors applies.
C. a mere majority of the votes of stockholders representing the outstanding
capital stock applies.
D. the same rule of 2/3 votes applies.
67. X, at Ys request, executed a Real Estate Mortgage (REM) on his (Xs) land
to secure Y's loan from Z. Z successfully foreclosed the REM when Y defaulted
on the loan but half of Y's obligation remained unpaid. May Z sue X to enforce
his right to the deficiency?
A. Yes, but solidarily with Y.
B. Yes, since Xs is deemed to warrant that his land would cover the whole
obligation.
C. No, since it is the buyer at the auction sale who should answer for the
deficiency.
D. No, because X is not Zs debtor.
68. May a publicly listed universal bank own 100% of the voting stocks in
another universal bank and in a commercial bank?
A. Yes, if with the permission of the Bangko Sentral ng Pilipinas.
B. No, since it has no power to invest in equities.
C. Yes, as there is no prohibition on it.
D. No, since under the law, the 100% ownership on voting stocks must be in
either bank only.
69. Perils of the ship, under marine insurance law, refer to loss which in the
ordinary course of events results from
A. natural and inevitable actions of the sea.
B. natural and ordinary actions of the sea.
C. unnatural and inevitable actions of the sea.
D. unnatural and ordinary actions of the sea.
70. Under the Intellectual Property Code, lectures, sermons, addresses or

dissertations prepared for oral delivery, whether or not reduced in writing or other
material forms, are regarded as
A. non-original works.
B. original works.
C. derivative works.
D. not subject to protection.
71. Can a drawee who accepts a materially altered check recover from the holder
and the drawer?
A. No, he cannot recover from either of them.
B. Yes from both of them.
Page 15 of 22Bar Examination Questionnaire for Commercial Law
Set A
C. Yes but only from the drawer.
D. Yes but only from the holder.
72. The rule is that the intentional cancellation of a person secondarily liable
results in the discharge of the latter. With respect to an indorser, the holder's right
to cancel his signature is:
A. without limitation.
B. not limited to the case where the indorsement is necessary to his title.
C. limited to the case where the indorsement is not necessary to his title.
D. limited to the case where the indorsement is necessary to his title.
73. X, in the hospital for kidney dysfunction, was about to be discharged when
he met his friend Y. X told Y the reason for his hospitalization. A month later, X
applied for an insurance covering serious illnesses from ABC Insurance, Co.,
where Y was working as Corporate Secretary. Since X had already told Y about
his hospitalization, he no longer answered a question regarding it in the
application form. Would this constitute concealment?
A. Yes, since the previous hospitalization would influence the insurer in deciding
whether to grant X's application.
B. No, since Y may be regarded as ABCs agent and he already knew of Xs
previous hospitalization.
C. Yes, it would constitute concealment that amounts to misrepresentation on X's

part.
D. No, since the previous illness is not a material fact to the insurance coverage.
74. Several American doctors wanted to set up a group clinic in the Philippines
so they could render modern medical services. If the clinic is to be incorporated
under our laws, what is the required foreign equity participation in such a
corporation?
A. 40%
B. 0%
C. 60%
D. 70%
75. X executed a promissory note in favor of Y by way of accommodation. It
says: Pay to Y or order the amount of Php50,000.00. Signed, X. Y then
indorsed the note to Z, and Z to T. When T sought collection from Y, the latter
countered as indorser that there should have been a presentment first to the
maker who dishonors it. Is Y correct?
A. No, since Y is the real debtor and thus, there is no need for presentment for
payment and dishonor by the maker.
B. Yes, since as an indorser who is secondarily liable, there must first be
presentment for payment and dishonor by the maker.
C. No, since the absolute rule is that there is no need for presentment for
payment and dishonor to hold an indorser liable.
D. Yes, since the secondary liability of Y and Z would only arise after
presentment for payment and dishonor by the maker.
Page 16 of 22Bar Examination Questionnaire for Commercial Law
Set A
76. The Board of Directors of XYZ Corp. unanimously passed a Resolution
approving the taking of steps that in reality amounted to willful tax evasion. On
discovering this, the government filed tax evasion charges against all the
companys members of the board of directors. The directors invoked the defense
that they have no personal liability, being mere directors of a fictional being. Are
they correct?
A. No, since as a rule only natural persons like the members of the board of

directors can commit corporate crimes.


B. Yes, since it is the corporation that did not pay the tax and it has a personality
distinct from its directors.
C. Yes, since the directors officially and collectively performed acts that are
imputable only to the corporation.
D. No, since the law makes directors of the corporation solidarily liable for gross
negligence and bad faith in the discharge of their duties.
77. T is the registered trademark owner of "CROCOS" which he uses on his
ready-to-wear clothes. Banking on the popularity of T's trade mark, B came up
with his own "CROCOS" mark, which he then used for his "CROCOS" burgers. T
now sues B for trademark infringement but B argues that his product is a burger,
hence, there is no infringement. Is B correct?
A. No, since the owner of a well-known mark registered in the Philippines has
rights that extends even to dissimilar kinds of goods.
B. Yes, since the right of the owner of a well-known mark registered in the
Philippines does not extend to goods which are not of the same kind.
C. Yes, as B was in bad faith in coming up with his own "CROCOS" mark.
D. No, since unlike T, he did not register his own "CROCOS" mark for his
product.
78. A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business
name, A Transport Co., Inc. May this be allowed?
A. No, it would be deceptive since he is a proprietor, not a corporation.
B. No, since A is a generic name, not suitable for registration.
C. Yes, since his line of business is public transportation.
D. Yes, since such name would give his business a corporate identity.
79. T delivers two refrigerators to the warehouse of W who then issues a
negotiable receipt undertaking the delivery of the refrigerators to T or bearer. T
entrusted the receipt to B for safekeeping only. B negotiated it, however, to F who
bought it in good faith and for value. Who is entitled to the delivery of the
refrigerators?
A. T, since he is the real owner of the refrigerators.
B. F, since he is a purchaser in good faith and for value.

C. B, since T entrusted the receipt to him.


D. W, since he has as a warehouseman a lien on the goods.
80. The Articles of Incorporation must be accompanied by a Treasurer's Affidavit
certifying under oath, among others, that the total subscription paid is:
Page 17 of 22Bar Examination Questionnaire for Commercial Law
Set A
A. not less than P25,000.00.
B. not more than P5,000.00.
C. RIGHT ANSWER not less than P5,000.00.
D. not more than P25,000.00.
81. In a special meeting called for the purpose, 2/3 of the stockholders
representing the outstanding capital stock in X. Co. authorized the company's
Board of Directors to amend its By-laws. By majority vote, the Board then
approved the amendment. Is this amendment valid?
A. No since the stockholders cannot delegate their right to amend the By-laws to
the Board.
B. Yes since the majority votes in the Board was sufficient to amend the By-laws.
C. No, because the voting in the Board should have been by majority of a
quorum.
D. Yes since the votes of 2/3 of the stockholders and majority of the Board were
secured.
82. A group of Malaysians wanted to invest in the Philippines insurance
business. After negotiations, they agreed to organize "FIMA Insurance Corp."
with a group of Filipino businessmen. FIMA would have a PhP50 Million paid up
capital, PhP40 Million of which would come from the Filipino group. All corporate
officers would be Filipinos and 8 out of its 10-member Board of Directors would
be Filipinos. Can FIMA operate an insurance business in the Philippines?
A. No, since an insurance company must have at least PhP75 Million paid-up
capital.
B. Yes, since there is substantial compliance with our nationalization laws
respecting paid-up capital and Filipino dominated Board of Directors.
C. Yes, since FIMAs paid up capital more than meets the countrys

nationalization laws.
D. No, since an insurance company should be 100% owned by Filipinos.
83. Under the Public Service Act, an administrative agency has the power to
approve provisionally the rates of public utilities without a hearing in case of
urgent public needs. The exercise of this power is
A. supervisory.
B. absolute.
C. discretionary.
D. mandatory.
84. X, creditor of Y, obtained a judgment in his favor in connection with Y's
unpaid loan to him. The court's sheriff then levied on the goods that Y stored in
T's warehouse, for which the latter issued a warehouse receipt. A month before
the levy, however, Z bought the warehouse receipt for value. Who has a better
right over the goods?
A. T, being the warehouseman with a lien on the goods
B. Z, being a purchaser for value of the warehouse receipt
C. X, being Ys judgment creditor
D. Y, being the owner of the goods
Page 18 of 22Bar Examination Questionnaire for Commercial Law
Set A
85. A promissory note states, on its face: I, X, promise to pay Y the amount of
Php 5,000.00 five days after completion of the on-going construction of my
house. Signed, X. Is the note negotiable?
A. Yes, since it is payable at a fixed period after the occurrence of a specified
event.
B. No, since it is payable at a fixed period after the occurrence of an event which
may not happen.
C. Yes, since it is payable at a fixed period or determinable future time.
D. No, since it should be payable at a fixed period before the occurrence of a
specified event.
86. P sold to M a pair of gecko (tuko) for Php50,000.00. M then issued a
promissory note to P promising to pay the money within 90 days. Unknown to P

and M, a law was passed a month before the sale that prohibits and declares
void any agreement to sell gecko in the country. If X acquired the note in good
faith and for value, may he enforce payment on it?
A. No, since the law declared void the contract on which the promissory note was
founded.
B. No, since it was not X who bought the gecko.
C. Yes, since he is a holder in due course of a note which is distinct from the sale
of gecko.
D. Yes, since he is a holder in due course and P and M were not aware of the law
that prohibited the sale of gecko.
87. P authorized A to sign a bill of exchange in his (Ps) name. The bill reads:
Pay to B or order the sum of Php1 million. Signed, A (for and in behalf of P).
The bill was drawn on P. B indorsed the bill to C, C to D, and D to E. May E treat
the bill as a promissory note?
A. No, because the instrument is payable to order and has been indorsed several
times.
B. Yes, because the drawer and drawee are one and the same person.
C. No, because the instrument is a bill of exchange.
D. Yes, because A was only an agent of P.
88. Z wrote out an instrument that states: Pay to X the amount of Php1 Million
for collection only. Signed, Z. X indorsed it to his creditor, Y, to whom he owed
Php1 million. Y now wants to collect and satisfy X's debt through the Php1
million on the check. May he validly do so?
A. Yes, since the indorsement to Y is for Php1 Million.
B. No, since Z is not a party to the loan between X and Y.
C. No, since X is merely an agent of Z, his only right being to collect.
D. Yes, since X owed Y Php1 Million.
89. X Shipping, Co., insured its vessel MV Don Teodoro for Php100 Million with
ABC Insurance, Co. through T, an agent of X Shipping. During a voyage, the
vessel accidentally caught fire and suffered damages estimated at Php80 Million.
T personally informed ABC Insurance that X Shipping was abandoning the ship.
Page 19 of 22Bar Examination Questionnaire for Commercial Law

Set A
Later, ABC insurance denied X Shippings claim for loss on the ground that a
notice of abandonment through its agent was improper. Is ABC Insurance right?
A. Yes, since X Shipping should have ratified its agents action.
B. No, since T, as agent of X Shipping who procured the insurance, can also give
notice of abandonment for his principal.
C. Yes, since only the agent of X Shipping relayed the fact of abandonment.
D. No, since in the first place, the damage was more than of the ship's value.
90. A law was passed disqualifying former members of Congress from sitting in
the Board of Directors of government-owned or controlled corporations. Because
of this, the Board of Directors of ABC Corp., a government-owned and controlled
corporation, disqualified C, a former Congressman, from continuing to sit as one
of its members. C objected, however, insisting that under the Corporation Code
members of the board of directors of corporations may only be removed by vote
of stockholders holding 2/3 of its outstanding capital stock in a regular or special
meeting called for that purpose. Is C correct?
A. Yes, since the new law cannot be applied to members of the board of directors
already elected prior to its passage.
B. No, since the disqualification takes effect by operation of law, it is sufficient
that he was declared no longer a member of the board.
C. Yes, since the provisions of the Corporation Code applies as well to
government-owned and controlled corporations.
D. No, since the board has the power to oust him even without the new law.
91. 002-38-0001

G, a grocery goods supplier, sold 100 sacks of rice to H

who promised to pay once he has sold all the rice. H meantime delivered the
goods to W, a warehouseman, who issued a warehouse receipt. Without the
knowledge of G and W, H negotiated the receipt to P who acquired it in good
faith and for value. P then claimed the goods from W, who released them. After
the rice was loaded on a ship bound for Manila, G invokes his right to stop the
goods in transit due to his unpaid lien. Who has a better right to the rice?
A. RIGHT ANSWER P, since he has superior rights as a purchaser for value and
in good faith.

B. P, regardless of whether or not he is a purchaser for value and in good faith.


C. G, since as an unpaid seller, he has the right of stoppage in transitu.
D. W, since it appears that the warehouse charges have not been paid.
92. In a signature by procuration, the principal is bound only in case the agent
acted within the actual limits of his authority. The signature of the agent in such a
case operates as notice that he has
A. a qualified authority to sign.
B. a limited authority to sign.
C. a special authority to sign.
D. full authority to sign.
93. In return for the 20 years of faithful service of X as a househelper to Y, the
latter promised to pay Php100,000.00 to Xs heirs if he (X) dies in an accident by
fire. X agreed. Is this an insurance contract?
Page 20 of 22Bar Examination Questionnaire for Commercial Law
Set A
A. Yes, since all the elements of an insurance contract are present.
B. Yes, since X services may be regarded as the consideration.
C. No, since Y actually made a conditional donation in Xs favor.
D. No, since it is in fact an innominate contract between X and Y.
94. A bill of exchange states on its face: One (1) month after sight, pay to the
order of Mr. R the amount of Php50,000.00, chargeable to the account of Mr. S.
Signed, Mr. T. Mr. S, the drawee, accepted the bill upon presentment by writing
on it the words I shall pay Php30,000.00 three (3) months after sight. May he
accept under such terms, which varies the command in the bill of exchange?
A. Yes, since a drawee accepts according to the tenor of his acceptance.
B. No, since, once he accepts, a drawee is liable according to the tenor of the
bill.
C. Yes, provided the drawer and payee agree to the acceptance.
D. No, since he is bound as drawee to accept the bill according to its tenor.
95. May the indorsee of a promissory note indorsed to him for deposit file a suit
against the indorser?
A. Yes, as long as the indorser received value for the restrictive indorsement.

B. Yes, as long as the indorser received value for the conditional indorsement.
C. Yes, whether or not the indorser received value for the conditional
indorsement.
D. Yes, whether or not the indorser received value for the restrictive indorsement.
96. X issued a check in favor of his creditor, Y. It reads: Pay to Y the amount of
Seven Thousand Hundred Pesos (Php700,000.00). Signed, X. What amount
should be construed as true in such a case?
A. Php700,000.00.
B. Php700.00.
C. Php7,000.00.
D. Php700,100.00.
97. Shipowner X, in applying for a marine insurance policy from ABC, Co., stated
that his vessel usually sails middle of August and with normally 100 tons of
cargo. It turned out later that the vessel departed on the first week of September
and with only 10 tons of cargo. Will this avoid the policy that was issued?
A. Yes, because there was breach of implied warranty.
B. No, because there was no intent to breach an implied warranty.
C. Yes, because it relates to a material representation.
D. No, because there was only representation of intention.
98. The Articles of Incorporation of ABC Transport Co., a public utility, provides
for ten (10) members in its Board of Directors. What is the prescribed minimum
number of Filipino citizens in its Board?
A. 10
B. 6
Page 21 of 22Bar Examination Questionnaire for Commercial Law
Set A
C. 7
D. 5
99. P authorized A to sign a negotiable instrument in his (Ps) name. It reads:
Pay to B or order the sum of Php1 million. Signed, A (for and in behalf of P).
The instrument shows that it was drawn on P. B then indorsed to C, C to D, and
D to E. E then treated it as a bill of exchange. Is presentment for acceptance

necessary in this case?


A. No, since the drawer and drawee are the same person.
B. No, since the bill is non-negotiable, the drawer and drawee being the same
person.
C. Yes, since the bill is payable to order, presentment is required for acceptance.
D. Yes, in order to hold all persons liable on the bill.
100. The corporate term of a stock corporation is that which is stated in its
Articles of Incorporation. It may be extended or shortened by an amendment of
the Articles when approved by majority of its Board of Directors and:
A. approved and ratified by at least 2/3 of all stockholders.
B. approved by at least 2/3 of the stockholders representing the outstanding
capital stock.
C. ratified by at least 2/3 of all stockholders.
D. ratified by at least 2/3 of the stockholders representing the outstanding capital
stock.
Page 22 of 22

Bar Examination Questionnaire for Taxation


Set A
1. A municipality may levy an annual ad valorem tax on real property such as land,
building, machinery, and other improvement only if
A. the real property is within the Metropolitan Manila Area.
B. the real property is located in the municipality.
C. the DILG authorizes it to do so.
D. the power is delegated to it 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?
A. That she is entitled to the return of the taxes collected from her in case the court
nullifies the tax measure.
B. That tax money is being extracted and spent in violation of the constitutionally
guaranteed right to freedom of communication.
C. That she is filing the case in behalf of a substantial number 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 the
A. taxpayer fails to include the income in his income tax return.
B. income has been actually received in money or its equivalent.
C. 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 P2
million and realized a net gain of P200,000.00. How shall it pay tax on the
transaction?
A. It shall declare a P2 million gross income in its income tax return, deducting its
cost of acquisition as an expense.
B. It shall report the P200,000.00 in its corporate income tax return adjusted by the
holding period.
C. It shall pay 5% tax on the first P100,000.00 of the P200,000.00 and 10% tax on
the remaining P100,000.00.
D. It shall pay a tax of one-half of 1% of the P2 million

gross sales.

5. Amaretto, Inc., imported 100 cases of Marula wine from South Africa. The
shipment was assessed 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 the Bureau of Customs at
fault for refusing to release the shipment just as yet?
A. Yes, because the importation was already terminated as a result of the payment
of the taxes due.
B. Yes, the Bureau of Customs is estopped from holding the release of the shipment
after receiving the payment.
C. No, if the amount paid as duties and value-added taxes due on the importation
was insufficient.
D. No, because the Bureau of Customs has not yet issued the legal permit for
withdrawal pending the FDA's findings.
6. 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 parcel of land has a zonal
valuation of P420,000.00. What is the most 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 a period of 5 years by the spouses donating
P100,000.00 each year from 2011 to 2015.
C. The spouses should each donate a P110,000.00 portion of the value of the
property in 2011 then each should donate P100,000.00 in 2012.
D. The spouses should each donate a P100,000.00 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, a compensation income earner, filed her income tax return for the taxable
year 2007 on March 30, 2008. On May 20, 2011, 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 prescriptive period started to run on April 15, 2008, hence, it had
already expired by May 20, 2011.
C. No. The prescriptive period started to run on March 30, 2008, hence, the 3 year
period expired on April 10, 2011.

D. 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
A. violates substantive due process.
B. does not violate substantive due process.
C. violates the right to equal protection.
D. does not violate the right to equal protection.
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. a final settlement of the tax liability on the income.
B. a credit from the recipient's income tax liability.
C. consummating the transaction resulting in an income.
D. a deduction in the recipient's income tax return.
11. 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 Ilocos Norte power plant of generators bought from the
United States.
B. Interests earned on its dollar deposits in a Philippine bank under the Expanded
Foreign Currency Deposit System.
C. Dividends from a two-year old Norwegian subsidiary with operations in Zambia
but derives 60% of its gross income from the Philippines.
D. Royalties from the use in Brazil of generator sets designed in the Philippines by
its engineers.
12. Tong Siok, a Chinese billionaire and a Canadian resident, died and left assets in
China valued at P80 billion and in the Philippines assets valued at P20 billion. For
Philippine estate tax purposes the allowable deductions for expenses, losses,
indebtedness, and taxes, property 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. P5 billion.
C. P100 billion.
D. P85 billion.
13. Anktryd, Inc., bought a parcel of land in 2009 for P7 million as part of its
inventory of real properties. In 2010, it sold the land for P12 million which was its
zonal valuation. In the same year, it incurred a loss of P6 million for selling another

parcel of land in its inventory. These were the only transactions it had in its real
estate business. Which of the following is the applicable tax treatment?
A. Anktryd shall be subject to a tax of 6% of P12 million.
B. Anktryd could deduct its P6 million loss from its P5 million gain.
C. Anktryd's gain of P5 million shall be subject to the holding period.
D. Anktryd's P6 million loss could not be deducted from its P5 million gain.
14. Aplets Corporation is registered under the laws of the Virgin Islands. It has
extensive operations in Southeast Asia. In the Philippines, Its products are imported
and sold at a mark-up by its exclusive distributor, Kim's Trading, Inc. The BIR
compiled a record of all the imports of Kim from Aplets and imposed a tax on Aplets
net income derived from its exports to Kim. Is the BIR correct?
A. Yes. Aplets is a non-resident foreign corporation engaged in trade or business in
the Philippines.
B. No. The tax should have been computed on the basis of gross revenues and not
net income.
C. No. Aplets is a non-resident foreign corporation not engaged in trade or business
in the Philippines.
D. Yes. Aplets is doing business in the Philippines through its exclusive distributor
Kim's Trading. Inc.
15. In 2009, Spratz, Inc.s net profit before tax was P35 million while its operating
expenses was P31 million. In 2010, its net profit before tax was P40 million and its
operating expenses was P38 million. It did not declare dividends for 2009 and
2010. And it has no proposed capital expenditures for 2011 and the immediate
future. May Spratz be subject to the improperly accumulated tax on its retained
profits for 2009 and 2010?
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 immediateneeds
of the business.
C. No, because there is no showing that the taxpayer's 2009 and 2010 net profit
before tax exceeded its paid-up capital.
D. No, because the taxpayer is not shown to be a publicly-listed corporation, a bank,
or an insurance company.
16. The actual effort exerted by the government to effect the exaction of what is
due from the taxpayer is known as
A. assessment.
B. levy.
C. payment.
D. collection.

17. Although the power of taxation is basically legislative in character, it is NOT the
function of Congress to
A. fix with certainty the amount of taxes.
B. collect the tax levied under the law.
C. identify who should collect the tax.
D. determine who should be subject to the tax.
18. Passive income includes income derived from an activity in which the earner
does not have any substantial participation. This type of income is
A. usually subject to a final tax.
B. exempt from income taxation.
C. taxable only if earned by a citizen.
D. included in the income tax return.
19. In 2010, Juliet Ulbod earned P500,000.00 as income from her beauty parlor and
received P250,000.00 as Christmas gift from 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 2010 is
A. P750,000.00.
B. P500,000.00.
C. P350,000.00.
D. P600,000.00.
20. Exempted from donors taxation are gifts made
A. for the use of the barangay.
B. in consideration of marriage.
C. to a school which is a stock corporation.
D. to a for-profit government corporation.
21. Federico, a Filipino citizen, migrated to the United States some six years ago
and got a permanent resident status or green card. He should pay his Philippine
income taxes on
A. the gains derived from the sale in California, U.S.A. of jewelry he purchased in the
Philippines.
B. the proceeds he received from a Philippine insurance company as the sole
beneficiary of life insurance taken by his father who died recently.
C. the gains derived from the sale in the New York Stock Exchange of shares ofstock
in PLDT, a Philippine corporation.
D. dividends received from a two year old foreign corporation whose gross income
was derived solely from Philippine sources.
22. An example of a tax where the concept of progressivity finds application is the

A. income tax on individuals.


B. excise tax on petroleum products.
C. value-added tax on certain articles.
D. amusement tax on boxing exhibitions.
23. A corporation may change its taxable year to calendar or fiscal year in filing its
annual income tax return, provided
A. it seeks prior BIR approval of its proposed change in accounting period.
B. it simultaneously seeks BIR approval of its new accounting period.
C. it should change its accounting period two years prior to changing its taxable
year.
D. its constitution and by-laws authorizes the change.
24. What is the rule on the taxability of income that a government educational
institution derives from its school operations? Such income is
A. subject to 10% tax on its net taxable income as if it is a proprietary educational
institution.
B. Exempt from income taxation if it is actually, directly, and exclusively used for
educational purposes.
C. subject to the ordinary income tax rates with respect to incomes derived from
educational activities.
D. Exempt from income taxation in the same manner as government-owned and
controlled orporations.
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
C. Standard deduction of P1 million
D. Capital of the surviving spouse
26. Ka Pedring Matibag, a sole proprietor, buys and sells kumot at kulambo both of
which are subject to value-added tax. Since he is using the calendar year as his
taxable year, his taxable quarters end on the last day of March, June, September,
and December. When should Ka Pedring file the VAT quarterly return for his gross
sales or receipts for the period of June 1 to September 30?
A. Within 25 days from September 30
B. Within 45 days from September 30
C. Within 15 days from September 30
D. Within 30 days from September 30

27. In January 2011, the BIR issued a ruling that Clemen's vodka imports were not
subject to increased excise tax based on his claim that his net retail price was only
P200 per 750 milliliter bottle. This ruling was applied to his imports for May,June,
and July 2011. In September 2011, the BIR revoked its ruling and assessed him for
deficiency taxes respecting his May, June and July 2011 vodka imports because it
discovered that his net retail price for the vodka was P250 per bottle from January
to September 2011. Does the retroactive application of the revocation violate
Clemen's right to due process as a taxpayer?
A. Yes, since the presumption is that the BIR ascertained the facts before it made its
ruling.
B. No, because he acted in bad faith when he claimed a lower net retail price than
what he actually used.
C. No, since he could avail of remedies available for disputing the assessment.
D. Yes, since he had already acquired a vested right in the favorable BIR ruling.
28. Don Fortunato, a widower, died in May, 2011. In his will, he left his estate of
P100 million to his four children. He named his compadre, Don Epitacio, to be the
administrator of the estate. When the BIR sent a demand letter to Don Epitacio for
the payment of the estate tax, he refused to pay claiming that he did not benefit
from the estate, he not being an heir. Forthwith, he resigned as administrator. As a
result of the resignation, who may be held liable for the payment of the estate tax?
A. Don Epitacio since the tax became due prior to his resignation.
B. The eldest child who would be reimbursed by the others.
C. All the four children, the tax to be divided equally among them.
D. The person designated by the will as the one liable.
29. On July 31, 2011, Esperanza received a preliminary assessment notice from the
BIR demanding that she pays P180,000.00 deficiency income taxes on her 2009
income. How many days from July 31, 2011 should Esperanza respond to the
notice?
A. 180 days.
B. 30 days.
C. 60 days.
D. 15 days.
30. The BIR could not avail itself of the remedy of levy and distraint to implement,
through collection, an assessment that has become final, executory, and
demandable where
A. the subject of the assessment is an income tax.
B. the amount of the tax involved does not exceed P100.00.
C. the corporate taxpayer has no other uncollected tax liability.
D. the taxpayer is an individual compensation income earner.

31. Alain Descartes, a French citizen permanently residing in the Philippines,


received several items during the taxable year. Which among the following is NOT
subject to Philippine income taxation?
A. Consultancy fees received for designing a computer program and installing the
same in the
Shanghai facility of a Chinese firm.
B. Interests from his deposits in a local bank of foreign currency earned abroad
converted to Philippine pesos.
C. Dividends received from an American corporation which derived 60% of its
annual gross receipts from Philippine sources for the past 7 years.
D. Gains derived from the sale of his condominium unit located in The Fort, Taguig
City to another resident alien.
32. Income is considered realized for tax purposes when
A. it is recognized as revenue under accounting standards even if the law does not
do so.
B. the taxpayer retires from the business without approval from the BIR.
C. the taxpayer has been paid and has received in cash or near cash the taxable
income.
D. the earning process is complete or virtually complete and an exchange has taken
place.
33. Which among the following circumstances negates the prima facie presumption
of correctness of a BIR assessment?
A. The BIR assessment was seasonably protested within 30 days from receipt.
B. No preliminary assessment notice was issued prior to the assessment notice.
C. Proof that the assessment is utterly without foundation, arbitrary, and capricious.
D. The BIR did not include a formal letter of demand to pay the alleged deficiency.
34. On March 30, 2005 Miguel Foods, Inc. received a notice of assessment and a
letter of demand on its April 15, 2002 final adjustment return from the BIR. Miguel
Foods then filed a request for reinvestigation together with the requisite supporting
documents on April 25, 2005. On June 2, 2005, the BIR issued a final assessment
reducing the amount of the tax demanded. Since Miguel Foods was satisfied with
the reduction, it did not do anything anymore. On April 15, 2010 the BIR garnished
the corporation's bank deposits to answer for the tax liability. Was the BIR action
proper?
A. Yes. The BIR has 5 years from the filing of the protest within which to collect.
B. Yes. The BIR has 5 years from the issuance of the final assessment within which
to collect.
C. No. The taxpayer did not apply for a compromise.
D. No. Without the taxpayers prior authority, the BIR action violated the Bank
Deposit Secrecy Law.

35. Which among the following taxpayers is required to use only the calendar year
for tax purposes?
A. Partnership exclusively for the design of government infrastructure projects
considered as practice of civil engineering.
B. Joint-stock company formed for the purpose of undertaking construction projects.
C. Business partnership engaged in energy operations under a service contract with
the government.
D. Joint account (cuentas en participacion) engaged in the trading of mineral ores.
36. Spanflex Intl Inc. received a notice of assessment from the BIR. It seasonably
filed a protest with all the necessary supporting documents but the BIR failed to act
on the protest. Thirty days from the lapse of 180 days from the filing of its protest,
Spanflex still has not elevated the matter to the CTA. What remedy, if any, can
Spanflex take?
A. It may file a motion to admit appeal if it could prove that its failure to appeal was
due to the negligence of counsel.
B. It may no longer appeal since there is no BIR decision from which it could appeal.
C. 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.
D. None. Its right to appeal to the CTA has prescribed.
37. Gerardo died on July 31, 2011. His estate tax return should be filed within
A. six months from filing of the notice of death.
B. sixty days from the appointment of an administrator.
C. six months from the time he died on July 31, 2011.
D. sixty days from the time he died on July 31, 2011.
38. Income from dealings in property (real, personal, or mixed) is the gain or loss
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.
39. In March 2009, Tonette, who is fond of jewelries, bought a diamond ring for
P750,000.00, a bracelet for P250,000.00, a necklace for P500,000.00, and a brooch
for P500,000.00. Tonette derives income from the exercise of her profession as a
licensed CPA. In October 2009, Tonette sold her diamond ring, bracelet, and
necklace for only P1.25 million incurring a loss of P250,000.00. She used the P1.25
million to buy a solo diamond ring in November 2009 which she sold for P1.5 million
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 2009 professional income.
B. Tonette may carry over and deduct her 2009 loss only from her 2010 gain.
C. Tonette may carry over and deduct her 2009 loss from her 2010 professional
income as well as from her gain.
D. Tonette may not deduct her 2009 loss from both her 2010 professional income
and her gain.
40. Anion, Inc. received a notice of assessment and a letter from the BIR demanding
the payment of P3 million pesos in deficiency income taxes for the taxable year
2008. The financial statements of the company show that it has been suffering
financial reverses from the year 2009 up to the present. Its asset position shows
that 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 a
compromise with Anion, Inc.?
A. Anion must show it has faithfully paid taxes before 2009.
B. Anion must promise to pay its deficiency when financially able.
C. 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 from real property
taxation unless the national government
A. transfers it 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 a school established for
profit.
D. sells the property to a government-owned non-profit corporation.
42. Dondon and Helena were legally 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 children to Dondon and three to Helena, with
Dondon directed to provide full financial support for them as well. The court
awarded the 6th child to Dondon's father with Dondon also providing full financial
support. Assuming that only Dondon is gainfully employed while Helena is
not, for how many children could Dondon claim additional exemptions when he
files his income tax return?
Page 9 of 16Bar Examination Questionnaire for Taxation
Set A
A. Six children.

B. Five children.
C. Three children.
D. Two children.
43. Political campaign contributions are NOT deductible from gross income
A. if they are not reported to the Commission on Elections.
B. if the candidate supported wins the election because of possible corruption.
C. since they do not help 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 CTA, the
BIR's power to garnish the taxpayer's bank deposits
A. is suspended to await the finality of such decision.
B. is suspended given that the CTA can reverse BIR decisions when prejudicial
to the taxpayer.
C. 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.
45. Real property taxes should not disregard increases in the value of real
property occurring over a long period of time. To do otherwise would violate the
canon of a sound tax system referred to as
A. theoretical justice.
B. fiscal adequacy.
C. administrative feasibility.
D. symbiotic relationship.
46. The power to tax is the power to destroy. Is this always so?
A. No. The Executive Branch may decide not to enforce a tax law which it
believes to be confiscatory.
B. Yes. The tax collectors should enforce a tax law even if it results to the
destruction of the property rights of a taxpayer.
C. Yes. Tax laws should always be enforced because without taxes the very
existence of the State is endangered.

D. No. The Supreme Court may nullify a tax law, hence, property rights are not
affected.
47. 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. if the 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, Inc., a corporation registered and holding office in
Page 10 of 16Bar Examination Questionnaire for Taxation
Set A
Australia, not operating in the Philippines, may be subject to Philippine income
taxation on
A. gains it derived from sale in Australia of an ore crusher it bought from the
Philippines with the proceeds converted to pesos.
B. gains it derived from sale in Australia of shares of stock of Philex Mining
Corporation, a Philippine corporation.
C. dividends earned from investment in a 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 Foreign Currency Deposit System.
49. As a general rule, within what period must a taxpayer elevate to the Court of
Tax Appeals a denial of his application for refund of income tax overpayment?
A. Within 30 days from receipt of the Commissioners denial of his application for
refund.
B. Within 30 days from receipt of the denial which must not exceed 2 years from
payment of income tax.
C. 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 actual 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 getting married.
Celia gave no other gift during the calendar year. What is the donor's tax
implication on Celias donation?
A. The P100,000.00 portion of the donation is exempt since given in
consideration of marriage.
B. A P10,000.00 portion of the donation is exempt being a donation in
consideration of marriage.
C. Celia shall pay a 30% donor's tax on the P110,000.00 donation.
D. The P100,000.00 portion of the donation is exempt under the rate schedule for
donor's tax.
52. Levox Corporation wanted to donate P5 million as prize money for the world
professional billiard championship to be held in the Philippines. Since the Billiard
Sports Confederation of the Philippines does not recognize the event, it was held
under the auspices of the International Professional Billiards Association, Inc. Is
Levox subject to the donor's tax on its donation?
A. No, so long as the donated money goes directly to the winners and not
Page 11 of 16Bar Examination Questionnaire for Taxation
Set A
through the association.
B. Yes, since the national sports association for billiards does not sanction the
event.
C. No, because it is donated as prize for an international competition under the
billiards association.
D. Yes, but only that part that exceeds the first P100,000.00 of total Levox
donations for the calendar year.
53. A violation of the tariff and customs laws is the failure to
A. pay the customs duties and taxes and to comply with the rules on customs

procedures.
B. pay the customs duties 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 not protest an
assessment for deficiency taxes?
A. The taxpayer may appeal his liability to the CTA since the assessment is a
final decision of the Commissioner on the matter.
B. The BIR could already enforce the collection of the taxpayer's liability if it could
secure authority from the CTA.
C. The taxpayer's 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 expiration of
the period to protest.
55. A non-stock, non-profit school always had cash flow problems, resulting in
failure to recruit well-trained administrative personnel to effectively manage the
school. In 2010, Don Leon donated P100 million pesos to the school, provided
the money shall be used solely for paying the salaries, wages, and benefits of
administrative personnel. The donation represents less than 10% of Don Leon's
taxable income for the year. Is he subject to donor's taxes?
A. No, since the donation is actually, directly, and exclusively used for
educational purposes.
B. Yes, because the donation is to be wholly used for administration purposes.
C. Yes, since he did not obtain the requisite NGO certification before he made
the donation.
D. No, because the donation does not exceed 10% of his taxable income for
2010.
56. What is the tax base for the imposition by the province of professional taxes?
A. That which Congress determined.
B. The pertinent provision of the local Government Code.
C. The reasonable classification made by the provincial sanggunian.

D. That which the Dept. of Interior and Local Government determined.


57. There is prima facie evidence of a false or fraudulent return where the
Page 12 of 16Bar Examination Questionnaire for Taxation
Set A
A. tax return was amended after a notice of assessment was issued.
B. tax return was filed beyond the reglementary period.
C. taxpayer changed his address without notifying the BIR.
D. deductions claimed exceed by 30% the actual deductions.
58. The proceeds received under a life insurance endowment contract is NOT
considered part of gross income
A. if it is so stated in the life insurance endowment policy.
B. if the price for the endowment policy was not fully paid.
C. where payment is made as a result of the death of the insured.
D. where the beneficiary was not the one who took out the endowment contract.
59. The excess of allowable deductions over gross income of the business in a
taxable year is known as
A. net operating loss.
B. ordinary loss.
C. net deductible loss.
D. NOLCO.
60. No action shall be taken by the BIR on the taxpayers disputed issues until
the taxpayer has paid the deficiency taxes
A. when the assessment was issued against a false and fraudulent return.
B. if there was a failure to pay the deficiency tax within 60 days from BIR
demand.
C. if the Regional Trial Court issues a writ of preliminary injunction to enjoin the
BIR.
D. attributable to the undisputed issues in the assessment 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.
C. Yes, because exemptions are strictly construed against the importer who is
the taxpayer.
D. No, if it is 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 a local government. With the Local
Government Codes withdrawal of exemptions, could these 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.
Page 13 of 16Bar Examination Questionnaire for Taxation
Set A
B. No, Congress has not by the majority vote of all its members granted
exemption to consumers' cooperatives.
C. 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 articles becomes
the property of the
A. government whatever be the circumstances.
B. insurance company that covered the shipment.
C. shipping company in case the freight was not paid.
D. bank if 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 declare the property as agricultural. In March
2011, the local tax assessor discovered Ka Tatos 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 prescribed?


A. No, the deficiency taxes may be collected within five years from when they fell
due.
B. No. The deficiency taxes for the period 1990 up to 2011 may still be
collected
within 10 years from March 2011.
C. Yes. More than 10 years had lapsed for the period 1990 up to 2000, hence
the right to collect the deficiency taxes has prescribed.
D. Yes. More than 5 years had lapsed for the collection of the deficiency taxes
for the period 1990 up to 2005.
65. Pierre de Savigny, a Frenchman, arrived in the Philippines on January 1,
2010 and continued to live and engage in business in the Philippines. He went
on a tour of Southeast Asia from August 1 to November 5, 2010. He returned to
the Philippines on November 6, 2010 and stayed until April 15, 2011 when he
returned to France. He earned during his stay in the Philippines a gross income
of P3 million from his investments in the country. For the year 2010, Pierres
taxable status is that of
A. a non-resident alien not engaged in trade or business in the Philippines.
B. a non-resident alien engaged in trade or business in the Philippines.
C. a resident alien not engaged in trade or business in the Philippines.
D. a resident alien engaged in trade or business in the Philippines.
66. Lualhati Educational Foundation, Inc., a stock educational institution
organized for profit, decided to lease for commercial use a 1,500 sq. m. portion of
its school. The school actually, directly, and exclusively used the rents for the
maintenance of its school buildings, including payment of janitorial services. Is
the leased portion subject to real property tax?
A. Yes, since Lualhati is a stock and for profit educational institution.
B. No, since the school actually, directly, and exclusively used the rents for
Page 14 of 16Bar Examination Questionnaire for Taxation
Set A
educational purposes.
C. No, but it may be subject to income taxation on the rents it receives.

D. Yes, since the leased portion is not actually, directly, and exclusively used for
educational purposes.
67. Apparently the law does not provide for the refund of real property taxes that
have been collected as a result of an erroneous or illegal assessment by the
provincial or city assessor. What should be done in such instance to avoid an
injustice?
A. Question the legality of the no-refund rule before the Supreme Court.
B. Enact a new ordinance amending the erroneous or illegal assessment to
correct the error.
C. Subsequent adjustment in tax computation and the application of the excess
payment to future real property tax liabilities.
D. Pass a new ordinance providing for the refund of real property taxes that have
been erroneously or illegally collected.
68. What should the BIR do when the prescriptive period for the assessment of a
tax deficiency is about to prescribe but the taxpayer has not yet complied with the
BIR requirements for the production of books of accounts and other records to
substantiate the claimed deductions, exemptions or credits?
A. Call the taxpayer to a conference to explain the delay.
B. Immediately conduct an investigation of the taxpayer's activities.
C. Issue a jeopardy assessment coupled with a letter of demand.
D. Issue a notice of constructive distraint to protect government interest.
69. Money collected from taxation shall not be paid to any religious dignitary
EXCEPT when
A. the religious dignitary is assigned to the Philippine Army.
B. it is paid by a local government unit.
C. the payment is passed in audit by the COA.
D. it is part of a lawmakers pork barrel.
70. Discriminatory duties may NOT be imposed upon articles
A. wholly manufactured in the discriminating country but carried by vessels of
another country.
B. not manufactured in the discriminating country but carried by vessels of such
country.

C. partly manufactured in the discriminating country but carried by vessels of


another country.
D. not manufactured in the discriminating country and carried by vessels of
another country.
71. The taxpayer seasonably 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 early resolution of his protested assessment, the taxpayer should file his
appeal to the Court of Tax Appeals not later than
Page 15 of 16Bar Examination Questionnaire for Taxation
Set A
A. August 31, 2011.
B. August 30, 2011.
C. August 15, 2011.
D. August 1, 2011.
72. Which of the following are NOT usually imposed when there is a tax
amnesty?
A. Civil, criminal, and administrative penalties
B. 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 for the situs of
income taxation?
A. Lifeblood doctrine of taxation
B. Symbiotic relation in taxation
C. Compensatory purpose of taxation
D. Sumptuary purpose of taxation
74. In Operation Kandado, the BIR temporarily closed business establishments,
including New Dynasty Corporation that failed to comply with VAT regulations.
New Dynasty contends that it should not be temporarily closed since it has a
valid and existing VAT registration, it faithfully issued VAT receipts, and filed the
proper VAT returns. The contention may be rejected if the BIR investigation

reveals that
A. the taxpayer has not been regularly filing its income tax returns for the past 4
years.
B. the taxpayer deliberately filed a false and fraudulent return with deliberate
intention to evade taxes.
C. the taxpayer used falsified documents to support its application for refund of
taxes.
D. 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 a 5,000 sq. m. lot registered 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 profit.
B. exempt from real property taxes since it is actually, directly, and exclusively
used for religious purposes.
C. not exempt from real property taxes since it is the rents, not the land, that is
used for religious purposes.
D. exempt from real property taxes since it is actually, directly, and exclusively
used for educational purposes.
Page 16 of 16

Bar Examination Questionnaire for Legal Ethics


Set A
1. Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the
Arts and Sciences Department of the Far Eastern University. In 2005, he moved
to San Sebastian Institute of Law where he taught Political Law. Is Atty. Mike
exempt from complying with the MCLE for the 4th compliance period in April
2013?
A. No, since he has yet to complete the required teaching experience to be
exempt.
B. No, because he is not yet a bar reviewer.
C. Yes, since by April 2013, he will have been teaching law for more than 10
years.
D. Yes, since he updated himself in law by engaging in teaching.
2. The acknowledgment appearing in a deed of sale reads:
Before me personally appeared this 30 August 2010 Milagros A. Ramirez,
who proved her identity to me through witnesses: 1. Rosauro S. Balana,
Passport UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela, Passport
VV200345; 1-17-2009/ Manila.
Both witnesses, of legal ages, under oath declare that: Milagros A. Ramirez
is personally known to them; she is the same seller in the foregoing deed of sale;
she does not have any current identification document nor can she obtain one
within a reasonable time; and they are not privy to or are interested in the deed
he signed.
What is the status of such a notarial acknowledgment?
A. Questionable since the notary public is not shown to personally know the
principal party.
B. Ineffective since it included parties not privy to the deed.
C. Invalid since the evidence of identity is non-compliant with the notarial rules.
D. Valid since it is a manner of establishing the identity of the person executing
the document.
3. Atty. Franciscos retainer agreement with RXU said that his attorney's fees in
its case against CRP shall be 15% of the amounts collected. Atty. Francisco

asked the trial court to issue a temporary restraining order against CRP but this
was denied, prompting him to file a petition for certiorari with the Court of Appeals
to question the order of denial. At this point, RXU terminated Atty. Franciscos
services. When the parties later settled their dispute amicably, CRP paid RXU
P100 million. Because of this, Atty. Francisco came around and claimed a 15%
share in the amount. What should be his attorneys fees?
A. Nothing because the compromise came after RXU terminated him.
B. 15% of what CRP paid RXU or P15 million.
C. A reasonable amount that the court shall fix upon proof of quantum meruit.
D. Nothing since he was unable to complete the work stated in the retainer
contract.
4. Lee became a lawyer in 1988 under a claim that he is a Filipino like his
parents. Efren sought Lees disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an Albay regional trial courts final Bar
Examination Questionnaire for Legal Ethics
Set A
judgment in an action to recover real property which mentioned his citizenship as
Filipino. This final judgment resulted in the correction of his birth records in a
separate special proceeding to show he is a Filipino, not Chinese as there stated.
Is Lees claim to Filipino citizenship valid?
A. No, since the mention of his citizenship in the land case was just incidental.
B. No, since those rulings were not appealed to the Supreme Court.
C. Yes, because the rulings in his favor have become final and executory.
D. Yes, since his parents are Filipinos based on what he said in his bar exam
petition.
5. Sheryl, Eric's counsel, once asked for postponement and the court granted it
since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not
to allow any further postponements because his case has been pending for 8
years. When trial resumed, Bernadine moved to reset the trial because of her
infant's ailment. What must Sheryl do?
A. Remind the Court that it has the duty to promptly decide the case.
B. Interpose no objection since she too once sought postponement without

Bernadine's objection.
C. Vehemently oppose Bernadine's motion for being contrary to Eric's wishes.
D. Submit the motion to the Court's sound discretion.
6. In a verified complaint, Kathy said that Judge Florante decided a petition for
correction of entry involving the birth record of her grandson, Joshua, who
happened to be child of Judge Florante's daughter, Pilita. Judge Florante insisted
that he committed no wrong since the proceeding was non-adversarial and since
it merely sought to correct an erroneous entry in the childs birth certificate. Is
Judge Florante liable?
A. Yes, because Florante breached the rule on mandatory disqualification.
B. No, because Judge Florante has no pecuniary interest in the proceeding.
C. No, because it is true the proceeding was non-adversarial so it prejudiced no
one.
D. Yes, since the correction in the childs record affects the details of birth of the
child.
7. Which of the following statements best describes the distinct traditional dignity
that the legal profession enjoys over other professions?
A. People are quite dependent on lawyers for their skills in getting them out of
trouble with the law.
B. Its members strive to maintain honesty even in their private dealings.
C. Its members earn by charging specified emoluments or fees.
D. The profession is anchored on a fiduciary relation with the client.
8. Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of
the sellers were dead. Ely admitted that he notarized the deed of sale but only
after his client assured him that the signatures of the others were authentic.
Later, Raul moved to have the complaint against him dismissed on the ground
that it was filed because of a misunderstanding which had already been clarified.
This prompted the IBP to recommend the dismissal of the complaint. Can the
Page 2 of 12Bar Examination Questionnaire for Legal Ethics
Set A
dismissal be allowed?
A. No, unless the complainant executes an affidavit of desistance.

B. Yes, since no compelling reason remained to continue with it.


C. Yes, but recall Ely's notarial commission since the charge against him seems
meritorious.
D. No, given Elys admission that he notarized the document when some
signatories were absent.
9. When will Atty. Antonio's notarial commission expire if he applied for and was
given such commission on 12 November 2010?
A. 31 December 2012
B. 31 December 2011
C. 11 November 2011
D. 11 November 2012
10. Elaine filed a complaint against Fely before their barangay concerning a
contract that they entered into. During conciliation, Fely came with Sarah, who
claimed the right to represent her minor sister. The barangay captain let Sarah
assist her sister. Eventually, the barangay issued a certificate to file action after
the parties failed to settle their differences. When Sarah formally appeared as
lawyer for her sister, Elaine filed an administrative complaint against her for
taking part in the barangay conciliation and preventing the parties from taking
meaningful advantage of the same. Is Sarah liable?
A. No, because she has to represent her sister who was a minor.
B. No, because the Court can always dismiss the case without prejudice to a
genuine conciliation.
C. Yes, because what Sarah did was deceitful and amounts to fraud.
D. Yes, because as a lawyer, she is absolutely forbidden to appear in barangay
conciliations.
11. Which of the following will subject Atty. Lyndon, a Manila notary public, to
sanctions under the notarial rules?
A. Notarizing a verification and certification against forum shopping in Manila
Hotel at the request of his Senator-client.
B. Refusing to notarize an extra-judicial settlement deed after noting that Ambo, a
friend, was delisted as heir when he was in fact one.
C. Performing signature witnessing involving his brother-in-law and recording it in

his register.
D. Notarizing a deed of sale for someone he knew without requiring any proof of
identity.
12. Justice Frank, a retired Court of Appeals justice, appeared before the
Supreme Court on behalf of Landbank, a government bank, in a case involving
the compensable value of the property taken from a landowner under the
agrarian reform law. The landowner questioned Justice Frank's appearance in
the case, pointing out that the same is unethical and smacks of opportunism
since he obviously capitalizes on his judicial experience. Is Justice Frank's
appearance in the case valid?
Page 3 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. Yes, because the law allows such appearance as long as the government is
not the adverse party.
B. No, because he cannot enjoy his retirement pay and at the same time work for
a government institution.
C. Yes, since Landbank does not perform government function.
D. No, he should have waited for at least a year to avoid improprieties.
13. On appeal, RTC Judge Rudy affirmed the MTCs conviction of Lorna for
violation of the bouncing checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon Lornas motion and after
ascertaining that her counsel never received the court's decision, Judge Rudy
recalled the entry of judgment in the case, reversed himself, and absolved Lorna
of guilt. Claiming an unjust judgment, Agnes filed an administrative complained
against Judge Rudy, saying that it is plain from the circumstances that he
connived with Lorna, her counsel, and the handling prosecutor. But she offered
no further evidence. Rudy denied the charges and asserted that any error in his
judgment is correctible only by an appeal, not by an administrative suit. Should
Judge Rudy be disciplined?
A. No, because Agnes' complaint is merely based on suspicions and
speculations.
B. No, because Agnes has yet to establish that Rudy's decision is plainly

erroneous.
C. Yes, because he gravely abused his discretion in recalling the entry of
judgment.
D. Yes, because reconsidering the judgment of conviction that the MTC and he
earlier issued shows anomaly in Judge Rudy's action.
14. After Atty. Benny got a P2 million final judgment in his clients favor, he
promptly asked the court, without informing his client, to allow him a charging lien
over the money in the amount of P500,000, his agreed fees, The Court issued a
writ of execution for the whole judgment in Atty. Benny's name with an order for
him to turn over the excess to his client. Is Atty. Bennys action correct?
A. No, since his fees are excessive.
B. Yes, since he was merely asserting his right to collect his fees.
C. Yes, since he would anyway give the excess to his client after getting his fees.
D. No, since he did not disclose to his client the matter of getting a charging lien
and a writ of execution in his name.
15. On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate
Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD between
faction A and faction B. Siding with the first, Atty. Chito filed several actions
against the members of faction B. Eventually, the court upheld Faction B which
thus revoked Atty. Chitos retainer on 14 January 2007. With OGCCs approval,
NWD hired Atty. Arthur in his place. When Atty. Arthur sought the dismissal of the
actions that Atty. Chito had instituted, the latter objected on the ground that his
term had not yet expired and Atty. Arthur had no vacancy to fill up. Is Atty. Chito
right?
Page 4 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. No, because Atty. Chitos continued appearances in the cases was without
authority since 14 January 2007.
B. No, because Atty. Arthur would have violated the rule on forum shopping.
C. Yes, because Atty. Chitos retainer and authority remained valid until 17 April
2006.

D. No, because Atty. Chito has the duty to expose the irregularities committed by
the members of Faction B.
16.Noel and Emily who were involved in a road accident sued Ferdie, the driver
of the other car, for damages. Atty. Jose represented only Noel but he called
Emily to testify for his client. During direct examination, Emily claimed that her
injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose
did not contest such claim. Ferdie later sued Emily for giving false testimony
since her own doctors report contradicted it. He also sued Atty. Jose for foisting
a false testimony in court. Is Atty. Jose liable?
A. No, because he did not knowingly arrange for Emily to lie in court.
B. Yes, because he did not advise his client to settle the case amicably.
C. No, because Emily did not permit him to reveal the falsity to the court.
D. Yes, because he knowingly let Emily's false testimony pass for truth.
17. In settling his client's claims, Atty. Cruz received from the adverse party
P200,000 in cash for his client. Which of the following is an IMPROPER way for
Atty. Cruz to handle the money?
A. Ask his client to prepare a check for his fees for swapping with the cash.
B. Deposit the cash in his own bank account and later issue his personal check
to his client, less his fees.
C. Turn over the cash to his client with a request that the latter pay him his fees.
D. Tell his client about the settlement and the cash and wait for the client's
instructions.
18. Judge Cristina has many law-related activities. She teaches law and delivers
lectures on law. Some in the government consult her on their legal problems.
She also serves as director of a stock corporation devoted to penal reform,
where she participates in both fund raising and fund management. Which of the
following statements applies to her case?
A. She should not engage in fund raising activities.
B. Her activities are acceptable except the part where she is involved in fund
management.
C. She can teach law and deliver lectures on law but not do the other things.
D. All of her activities are legal.

19. One of the foundation principles of the Bangalore Draft of the Code of
Judicial Conduct is the importance in a modern democratic society of
A. a judicial system that caters to the needs of the poor and the weak.
B. public confidence in its judicial system and in the moral authority and integrity
of its judiciary.
C. the existence of independent and impartial tribunals that have the support of
its government.
Page 5 of 12Bar Examination Questionnaire for Legal Ethics
Set A
D. judges who are learned in law and jurisprudence.
20. After representing Lenie in an important lawsuit from 1992 to 1995, Atty.
Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against Lenie. Such action involved certain
facts, some confidential, to which Atty. Jennifer was privy because she handled
Lenie's old case. Can Atty. Jennifer act as counsel for Evelyn?
A. No, but she can assist another lawyer who will handle the case.
B. Yes, but she must notify Lenie before accepting the case.
C. No, because her duty to keep the confidences of previous clients remains.
D. Yes, but she cannot reveal any confidential information she previously got.
21. Eric, a labor federation president, represented Luisa, a dismissed WXT
employee, before the NLRC. Atty. John represented Luisa's two cocomplainants. In
due course, the NLRC reinstated the three complainants with
backwages and awarded 25% of the backwages as attorneys fees, 15% for Atty.
John and 10% for Eric, a non-lawyer. When WXT appealed to the Court of
Appeals, Atty. John questioned Erics continued appearance before that court on
Luisas behalf, he not being a lawyer. Is Eric's appearance before the Court of
Appeals valid?
A. Yes, for Eric has a personal stake, the fees awarded to him, in defending the
NLRC's decision in the case.
B. No, since John can very well represent Luisa, she being in the same situation
as his own clients.
C. No, because the representation of another in courts can be entrusted only to

lawyers.
D. Yes, since that appeal is a mere continuation of the labor dispute that began at
the NLRC.
22. In what documented act will a notary publics failure to affix the expiration
date of his commission warrant administrative sanction?
A. In the jurat of a secretary's certificate.
B. In the will acknowledged before him.
C. In the signature witnessing he performed.
D. In the document copy he certified.
23. Provincial Governors and Municipal Mayors who are lawyers are MCLE
exempt because
A. they handle cases of their constituents for free.
B. the Local Government Code prohibits them from practicing their profession.
C. they are rendering public service.
D. As experts in local governance, it may be assumed that they are updated on
legal developments.
24. A difficult client directed his counsel to bring up to the Supreme Court the
trial courts dismissal of their action. Counsel believes that the trial court acted
correctly and that an appeal would be futile. Which of the following options
should counsel take?
Page 6 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. Withdraw from the case to temper the clients propensity to litigate.
B. Engage a collaborating counsel who can assist in the case.
C. Submit a new retainer proposal to the client for a higher fee.
D. Elevate the case to the Supreme Court as directed by client.
25. Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC
clerk of court, if the case records have already been remanded to the MTC as the
Court of Appeals directed. Lisa said no, saying that the RTC had not yet
received a certified copy of the Court of Appeals decision. When Lisa suggested
that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by
this, Lisa filed a disciplinary action against him for encroaching on the work of the

lawyers of record. Anthony defends his follow-up action by claiming good faith
and the possibility of entering his appearance later. Is Anthony liable for his
record follow up?
A. Yes, because he did not inform Lisa of the basis of his interest in the case.
B. Yes, because none of the parties to the case authorized him to do such followup.
C. No, because he acted in good faith with a view to a possible retainer.
D. No, because following up the records of any case does not constitute practice
of law.
26. Administrative proceedings against Judges of all courts and Justices of the
Court of Appeals and the Sandiganbayan shall be
A. private and confidential.
B. public but subdued.
C. private but transparent.
D. public.
27.When does the initial MCLE compliance period of a newly admitted member
of the bar begin?
A. On the first day of the month of his admission.
B. On the tenth day of the month of his admission.
C. On the third year after his admission as member.
D. On the first year of the next succeeding compliance period.
28. Counsel for Philzea Mining appealed a decision of the Bureau of Mines,
which was adverse to his client, to the Environment Secretary. At about the
same time, he filed a special civil action of certiorari with the Court of Appeals for
the annulment of the same decision. Did counsel commit any ethical impropriety
in his actions?
A. Yes, since the action he filed with the Court of Appeals was barred by the
pendency of a similar action before the Environment Secretary.
B. Yes, since he was evidently shopping for a sympathetic forum, a condemnable
practice.
C. No, since his appeal to the Environment Secretary was administrative, not
judicial.
D. No, since he has to exhaust all available remedies to serve his clients

Page 7 of 12Bar Examination Questionnaire for Legal Ethics


Set A
interest.
29. Atty. Melissa witnessed the car accident that resulted in injury to Manny, a
friend of hers. While visiting him at the hospital, she advised him about what
action he needed to take regarding the accident. Is Atty. Melissa subject to
disciplinary action if she eventually handles the case for him?
A. No, because Melissa did not directly volunteer her services.
B. No, because Manny happened to be a friend.
C. Yes, she engaged in typical ambulance chasing.
D. Yes, because she should have offered her services for free.
30. A Court Administrator's auditing team found that Judge Ruby used business
cards which stated, in addition to her official title as presiding judge of her court,
that she is bar topnotcher, her law schools class valedictorian, and one of the
most sought after private law practitioners before she joined the judiciary, all of
which are true. Asked to explain this seeming impropriety, Ruby pointed out that
business cards can include the persons title which is broad enough to include
in her case her standing in the bar and all the honors she earned. Did Ruby
commit an impropriety?
A. Yes, unless the cards were given to her as a gift.
B. No, because all she stated in her business cards are true.
C. Yes, because she showed a hunger for publicity and recognition that debases
her judicial

post.

D. No, because she is free to include in her business cards details that say who
she is.
31. Serving as counsel de oficio, Atty. Mamerto advised John of the
consequences of his plea of not guilty to the charge. Before trial could be held,
however, the presiding judge died. As it happened, Atty. Mamerto was appointed
judge and Johns case was assigned to him by raffle. John quickly moved for the
judges disqualification. Is Judge Mamerto under obligation to inhibit himself from
the case?
A. No, because his service to John was just momentary.

B. Yes, because his knowledge of Johns case affects his judgment.


C. No, because he was merely a counsel de oficio.
D. Yes, because he served as John's counsel.
32. Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for
Myra's competent evidence of identity, she explained that she does not have any
current identification document nor could she get one soon. Instead, she
presented her friend, Alex, who showed Atty. Elma his drivers license and
confirmed her Myras identity. Is Alexs identification of Myra valid?
A. Yes, provided Alex states in the deed of sale that he knew Myra personally.
B. No, Myra needs to produce a valid identification document of herself.
C. No, since Alex is not himself a party to the document.
D. Yes, since Alex had a valid identification document.
33. Atty. Eliseo represented Allan in a collection suit against the Philippine
Page 8 of 12Bar Examination Questionnaire for Legal Ethics
Set A
Charity Sweepstakes Office (PCSO). After his election as sangguniang bayan
member, the court rendered a decision in PCSOs favor. Still, Atty. Eliseo
appeared for Allan in the latters appeal, prompting the PCSO to question his
right to do so. In response, Atty. Eliseo claimed that the local government code
authorizes him to practice law as long it does not conflict with his duties. Is Atty.
Eliseo right?
A. No, because he cannot appear against a government instrumentality in a civil
case.
B. Yes, because his official duties do not conflict with his private practice.
C. No, because he works on his private case at the sacrifice of public service.
D. Yes, because he does not appear in the case as a municipal official.
34. Which of the following instances demonstrates counsels LACK of diligence
in serving his client's interest?
A. Failing to file his clients appeal brief despite 2 extensions upon the excuse
that the client did not coordinate with him.
B. Failing to send to client a requested legal opinion until after the latter gave him
the additional documents he requested.

C. Failing to rehearse his client on his testimony before the trial.


D. Updating his client about the status of his case by phone and electronic mail.
35. What is the method of national inquiry into the conduct of Supreme Court
magistrates?
A. Administrative investigation.
B. Disqualification.
C. Impeachment.
D. Disbarment.
36. What unhealthy attitude of mind should a judge avoid falling into?
A. Hearing and adjudicating cases is an important job.
B. Courts are made for litigants.
C. Litigants are made for the courts.
D. Courts should dispose of their cases on time.
37. After hearing in a sensational criminal case, counsel for the accused told
television viewers how the judge unfairly ruled to stop his witness from testifying
fully about certain aspects of the case that would help the accused. Counsel
said that the public should know the injustice to which his client was being
subjected. Can counsel be disciplined for his utterances?
A. Yes, because rather than defend the judicial system as was his duty, he
attacked it.
B. No, since counsel did not use obscene language.
C. No, so long as counsel did not knowingly make false statements or act in
reckless disregard of truth.
D. Yes, even if the judge may have actually made unfair rulings in the course of
trial.
Page 9 of 12Bar Examination Questionnaire for Legal Ethics
Set A
38. Which of the following is required of counsel when withdrawing his services
to a client in a case?
A. Counsel's desire to withdraw, expressed in his motion.
B. Payment of withdrawal fee.
C. Opposing counsels conformity to the withdrawal.

D. Client's written consent filed in court.


39. Which of the following demonstrates the lawyer's duty to give the court the
respect it deserves?
A. Counsel consistently appearing in court on time.
B. Counsel obeying court's orders and processes.
C. Woman counsel appearing in court dressed in business attire.
D. Counsel addressing the court as Your Honor at all times.
40. Atty. Arthur agreed to represent Patrick in a personal injury case after the
latter signed a retainer agreement for a 33% fee contingent on their winning the
case. In the course of trial, Patrick dismissed Atty. Arthur after he presented their
evidence in chief and engaged Atty. Winston another lawyer. They lost the case.
What fee would Atty. Arthur be entitled to?
A. Thirty three percent of the fee actually paid to Winston.
B. The reasonable value of his services.
C. A flat hourly rate for the time he invested in the case.
D. Absolutely nothing.
41. Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which
she was involved by giving her legal advice and preparing a complaint that she
eventually filed in court under her own signature. When the lawyer for the
defendant learned of it, he told Ronnie to desist from practicing law. But he
disputed this, claiming that he had not practiced law since he did not receive
compensation from Beth for his help. Is Ronnie correct?
A. Yes, because he could as a paralegal provide competent legal help to litigants.
B. Yes, for so long as he did not sign the complaint or appeared as Beth's lawyer.
C. No, unless Beth was ill-advised in filing her complaint in court.
D. No, because receipt of compensation is not the sole determinant of legal
practice.
42. Which of the following characteristics pertains to a charging lien?
A. It cannot attach to judgments for delivery of real estates.
B. It involves documents placed in the lawyer's possession by reason of the
retainer.
C. It does not need any notice to the client to make it effective.

D. It may be exercised before judgment or execution.


43. To whom may the Supreme Court refer complaints against lawyers for
investigation?
A. Integrated Bar of the Philippines.
Page 10 of 12Bar Examination Questionnaire for Legal Ethics
Set A
B. Office of the Bar Confidant.
C. Judicial and Bar Council.
D. Office of the Court Administrator.
44. After several years as a private practitioner, Ben got appointed as Regional
Trial Court judge. Five years after his appointment, he received summons
directing him to answer a disbarment complaint that pertained to a document he
notarized more than 10 years ago from appointment date. He sought the
dismissal of the complaint arguing that the cause of action has prescribed. Must
the complaint be dismissed?
A. No, because such complaints do not prescribe.
B. Yes, because the complaint creates a chilling effect on judicial independence.
C. No, but the complaint should be verified to ensure transparency.
D. Yes, because actions on contracts prescribe in 10 years.
45. On November 28 Atty. Patrick wrote in a newspaper column that the
Supreme Court already decided in favor of the validity of the Executive Order that
created the Truth Commission upon a vote of 13-2. But, as it turned out, the
Court actually rendered an adverse decision only on December 7, and upon a
vote of 10-5. Asked to explain his misleading article, Patrick said that his
constitutionally protected right to free expression covered what he wrote. Can the
Court cite Patrick for contempt?
A. Yes, because his article obstructs and degrades the administration of justice.
B. No, because the right to free expression occupies a high rank in the hierarchy
of cherished rights.
C. No, because courts must simply ignore public opinion and the media when
rendering decisions.
D. Yes, because he wrote a lie in his column.

46. Atty. Ramon borrowed his client's (Menchu) land title. After eight months,
Menchu demanded its return but he failed to comply and changed his residence.
After Menchu tracked him down, she confronted him about the title. He then
offered to just buy the property and gave her five checks for it but these bounced.
Charged with malpractice, Atty. Ramon answered that his license to practice law
cannot be in issue. He merely incurred civil liability for a failed transaction. Will
the malpractice action prosper?
A. No, because his failure to pay his obligation only makes him civilly liable.
B. No, since Menchu did not transact business with Atty. Ramon as a lawyer.
C. Yes, because it is professionally reprehensible for a lawyer to be unavailable
to a person in need.
D. Yes, he having taken advantage of Menchu who was not fully protected and
had no independent advice.
47. Atty. Alfredo Prado appeared in a case as legal officer of the Land
Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo
Prado from his province who had been dead for years. When Atty. Armando
checked with the Supreme Court, only one Alfredo Prado was in the roll of
attorneys. What action can Atty. Armado take against Vicente who had taken a
dead lawyers identity?
Page 11 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. File direct contempt action against Vicente for deceiving the court.
B. Criminally prosecute Vicente for estafa for making money upon false pretense.
C. Criminally prosecute Vicente for theft of Alfredo's identity and law practice.
D. Institute a disbarment case against Vicente for misrepresenting himself as
lawyer.
48. After the prosecution cross-examined Shiela, a witness for the accused,
Judge Pedro asked her ten additional questions that were so intense they made
her cry. One question forced Sheila to admit that her mother was living with
another man, a fact that weighed on the case of the accused. This prompted the
latters counsel to move to expunge the judges questions for building on the
prosecution's case. Judge Pedro denied the motion, insisting that bolstering a

partys case is incidental to the courts desire to be clarified. Did Pedro commit an
impropriety?
A. No, his ten questions could not be considered an undue intervention.
B. No, because the judge is free to inquire into any aspect of the case that would
clarify the evidence for him.
C.Yes, because he effectively deprived the defense of its right to due process
when he acted

both as prosecutor and judge.

D. Yes, because nothing connects his desire to be clarified with the questions he
asked.
49. Administrative penalties imposed on judges are
A. curative.
B. punitive.
C. corrective.
D. both punitive and corrective.
50. Which of the following demonstrates a lawyers fidelity to known practices
and customs of the bar regarding a case he is handling?
A. Treating his clients disclosures as confidential but not the documents he
submits for review.
B. Meeting with his clients opponent over lunch to discuss settlement without
telling his client.
C. Accepting a tough case although he is new in practice, trusting that his
diligence would make up for lack of experience.
D. Inviting the judge hearing the case to dinner with no purpose to discuss the
case with him.
Page 12 of 12

Bar Examination Questionnaire for Remedial Law


Set A
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 earnest effort is jurisdictional in all estate cases.
B. No, since such earnest effort is not required in special proceedings.
C. Yes, since such earnest effort is required prior to the filing of the case.
D. No, since such earnest effort toward a compromise is not required in summary
proceedings.
2. A pending criminal case, dismissed provisionally, shall be deemed
permanently dismissed if not revived after 2 years with respect to offenses
punishable by imprisonment
A. of more than 12 years.
B. not exceeding 6 years or a fine not exceeding P1,000.00.
C. of more than 6 years or a fine in excess of P1,000.00.
D. of more than 6 years.
3. Angie was convicted of false testimony 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 for bail on ground of habitual delinquency?
A. Yes, the felonies are both punishable under the Revised Penal Code.
B. Yes, her twin convictions indicated her criminal inclinations.
C. No, the felonies fall under different titles in the Revised Penal Code.
D. No, the charges are both bailable.
4. Which of the following is NOT CONSISTENT with the rules governing
expropriation proceedings?
A. The court shall declare the defendant who fails to answer the complaint in
default and render judgment against him.
B. The court shall refer the case to the Board of Commissioners to determine the
amount of just compensation.
C. The plaintiff shall make the required deposit and forthwith take immediate

possession of the property sought to be expropriated.


D. The plaintiff may appropriate the property for public use after judgment and
payment of the compensation fixed in it, despite defendants appeal.
5. Which of the following is a correct statement of the rule on amendment of the
information in a criminal proceeding?
A. An amendment that downgrades the offense requires leave of court even
before the accused pleads.
B. Substantial amendments are allowed with leave of court before the accused
pleads.
C. Only formal amendments are permissible before the accused pleads.
D. After the plea, a formal amendment may be made without leave of court.
6. Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati
under a contract of loan that fixed Makati as the venue of any action arising
the contract. Gary had already 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 party is to make it the venue of any action
between them whether based on the contract or not.
B. In Taguig or Makati at the option of Gary since it is a personal injury action.
C. In Taguig since Rey received the letters of demand there.
D. In Makati since it is the venue fixed in their contract.
7. Which of the following 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 entitled to
the same.
D. Invest the funds in his hands without court approval.
8. Which of the following precepts forms part of the rules governing small claims?
A. Permissive counterclaim is not allowed.
B. The court shall render its decision within 3 days after hearing.
C. Joinder of separate claims is not allowed.

D. Motion to declare defendant in default is allowed.


9. The Metropolitan Trial Court convicted Virgilio and Dina of concubinage.
Pending appeal, they applied for bail, claiming they are entitled to it as a matter
of right. Is their claim correct?
A. No, bail is not a matter of right after conviction.
B. Yes, bail is a matter of right in all cases not involving moral turpitude.
C. No, bail is dependent on the risk of flight.
D. Yes, bail is a matter of right in the Metropolitan Trial Court before and after
conviction.
10. As a rule, the judge shall receive 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 a motion.
B. When the trial of an issue of fact requires the examination of a long account.
C. In default or ex-parte hearings.
D. Upon motion of a party on reasonable grounds.
11. Which of the following is in accord with the applicable rules on receivership?
A. The court may appoint the plaintiff as receiver of the property in litigation over
the defendants objection.
B. A receiver may be appointed after judgment if the judgment obligor refuses to
apply his property to satisfy the judgment.
C. The trial court cannot appoint a receiver when the case is on appeal.
D. The filing of bond on appointment of a receiver is mainly optional.
12. Bearing in mind the distinction between private and public document, which
of the following is admissible in evidence without further proof of due execution or
genuineness?
A. Baptismal certificates.
B. Official record of the Philippine Embassy in Singapore certified by the ViceConsul with

official seal.

C. Documents acknowledged before a Notary Public in Hong Kong.


D. Unblemished receipt dated December 20, 1985 signed by the promisee,
showing payment of a loan, found among the well-kept file of the promissor.

13. Ramon witnessed the commission of a crime but he refuses to testify 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 witness against another.
B. Yes, since public interest in justice requires his testimony.
C. No, since Ramon has a valid reason for not testifying.
D. Yes, since litigants need help in presenting their 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 parties.
B. it would enlarge the issues and expand the scope of the remedies.
C. the intervenor fails to put up a 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 refiling his action?
A. Res judicata.
B. Lack of jurisdiction over the subject matter.
C. 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.
C. When related co-owners agreed to keep the property within the family.
D. When a co-owner uses the property as his residence.
17. The city prosecutor of Manila filed, upon Soledads complaint, a criminal
action for estafa against her sister, Wella, before the RTC of Manila for selling to
Victor a land that she previously sold to Soledad. At the same time Soledad filed
a civil action to annul the second sale before the RTC of Quezon City. May the
Manila RTC motu proprio suspend the criminal action on ground of prejudicial
question?
A. Yes, if it may be clearly inferred that complainant will not object to the

suspension of the criminal case.


B. No, the accused must file a motion to suspend the action based on prejudicial
question.
C. Yes, if it finds from the record that such prejudicial question exists.
D. Yes, if it is convinced that due process and fair trial will be better served if the
criminal case is suspended.
18. Which of the following conforms to the applicable rule on replevin?
A. The applicant must file a bond executed to the adverse party in an amount
equal to the value of the property as determined by the court.
B. The property has been wrongfully detained by the adverse party.
C. The applicant has a contingent claim over the property object of the writ.
D. The plaintiff may apply for the writ at any time before judgment.
19. Gerry sued XYZ Bus Co. and Rico, its bus driver, for injuries Gerry 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
drivers fault. Someone had stolen the manhole cover and the road gave no
warning of the danger it posed. On Gerrys motion and over the objection of XYZ
Bus Co., the court declared Rico, the bus driver, 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 should have tried the case against both defendants upon
the bus companys answer.
B. No, the court should have dropped Rico as defendant since the moneyed
defendant is the bus company.
C. Yes, the court can, under the rules, render judgment against the defendant
declared in default.
D. Yes, since, in failing to answer, Rico may be deemed to have admitted the
allegations in the complaint.
20. Which of the following has NO PLACE in an application for a replevin order?
A statement
A. that the property 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. of the assessed value of the property.
D. that the applicant owns or has a right to the possession of the property.
21. 008-997-0001

In which of the following instances is the quantum of

evidence ERRONEOUSLY applied?


A. in Writ of Amparo cases, substantial evidence.
B. to satisfy the burden of proof in civil cases, preponderance of evidence.
C. to overcome a disputable presumption, clear and convincing evidence.
D. to rebut the presumptive validity of a notarial document, substantial evidence.
Page 4 of 21Bar Examination Questionnaire for Remedial Law
Set A
22. The accused jumps bail and fails 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 shall be promulgated in his absence and he loses his right of
appeal.
C. The promulgation of the judgment shall be suspended until he is brought to
the jurisdiction of the court.
D. The judgment shall be void.
23. What should the court sheriff do if a third party serves on him an affidavit of
claim covering the property he had levied?
A. Ask the judgment obligee to file a court-approved indemnity bond in favor of
the third-party claimant or the sheriff will release the levied property.
B. Ask the judgment obligee to file a court-approved bond for the sheriffs
protection in case he proceeds with the execution.
C. Immediately lift the levy and release the levied property.
D. Ask the third-party claimant to support his claim with an indemnity bond in
favor of the judgment obligee and release the levied property if such bond is filed.
24. Which of the following is NOT REGARDED as a sufficient proof of personal
service of pleadings?
A. Official return of the server.

B. Registered mail receipt.


C. Written admission of the party served.
D. Affidavit of the server with a statement of the date, place and manner of
service.
25. A sued B for ejectment. Pending trial, B died, survived by his son, 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 Bs death and the effect of final judgment in
an ejectment case binds his successors in-interest.
B. No, because C was denied due process.
C. Yes, because the negligence of Bs counsel in failing to ask for substitution,
should not prejudice A.
D. No, because the action did not survive Bs death.
26. What is the proper remedy to secure relief from the final resolutions of the
Commission On Audit?
A. Petition for review on certiorari with the Supreme Court.
B. Special civil action of certiorari with the Court of Appeals.
C. Special civil action of certiorari with the Supreme Court.
D. Appeal to the Court of Appeals.
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 education of the ward.
B. Ensure the wise and profitable investment of the wards financial resources.
C. Collect compensation for his services to the ward.
D. 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 a fine of
P1,000.00. But the city mayor pardoned him. A year later, he was charged with
violating a city 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.

C. No, because he is presumed innocent until proven otherwise.


D. No, one charged with the violation of a city ordinance is not required to post
bail, notwithstanding a previous pardon.
29. Which of the following claims survive the death of the defendant and need
not be presented as a claim against the estate?
A. Contingent money claims arising 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-delict.
D. Claims for funeral expenses.
30. In a case, the prosecutor asked the medical expert the question, Assuming
that the assailant was behind the deceased before he attacked him, would you
say that treachery attended the killing? Is this hypothetical question
permissible?
A. No, since it asks for his legal opinion.
B. Yes, but conditionally, subject to subsequent proof that the assailant was
indeed behind the deceased at that time.
C. 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
information against Ben for homicide?
A. Yes, since Terences 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 physical injuries is necessarily
included in the charge of homicide.
D. Yes, since supervening event altered the kind of crime the accused
committed.
32. Arvin was caught in flagrante delicto selling drugs for P200,000.00. The

police officers confiscated the drugs and the money and brought them to the
police station where they prepared the inventory duly signed by police officer
Oscar Moreno. They were, however, unable to take pictures of the items. Will
this deficiency destroy the chain of custody rule in the drug case?
A. No, a breach of the chain of custody rule in drug cases, if satisfactorily
explained, will not negate conviction.
B. No, a breach of the chain of custody rule may be offset by presentation in
court of the drugs.
C. Yes, chain of custody in drug cases must be strictly observed at all times to
preserve the integrity of the confiscated items.
D. Yes, compliance with the chain of custody rule in drug cases is the only way to
prove the accuseds guilt beyond reasonable doubt.
33. A sued B in the RTC of Quezon City, joining two causes of action: for
partition of real property and breach of contract with damages. Both parties
reside in Quezon City but the real property is in Manila. May the case be
dismissed for improper venue?
A. Yes, since causes of action pertaining to different venues may not be joined in
one action.
B. No, since causes of action pertaining to different venues may be joined in the
RTC if one of

the causes of action falls within its jurisdiction.

C. Yes, because special civil action may not be joined with an ordinary civil
action.
D. No, since plaintiff may unqualifiedly join in one complaint as many causes of
action as he has against opposing party.
34. What is the doctrine of judicial stability or non interference?
A. Once jurisdiction has attached to a court, it can not be deprived of it by
subsequent happenings or events.
B. Courts will not hear and decide cases involving issues that come within the
jurisdiction of administrative tribunals.
C. No court has the authority to interfere by injunction with the judgment of
another court of coordinate jurisdiction.
D. A higher court will not entertain direct resort to it unless the redress sought

cannot be obtained from the appropriate court.


35. Which of the following admissions made by a party in the course of judicial
proceedings is a judicial admission?
A. Admissions made in a pleading signed by the party and his counsel intended
to be filed.
B. An admission made in a pleading in another case between the same parties.
C. Admission made by counsel in open court.
D. Admissions made in a complaint superseded by an amended complaint.
36. What defenses may be raised in a suit to enforce a foreign judgment?
A. That the judgment is contrary to Philippine procedural rules.
B. None, the judgment being entitled to full faith and credit as a matter of general
comity among nations.
C. That the foreign court erred in the appreciation of the evidence.
D. That extrinsic fraud afflicted the judgment.
37. Cindy charged her husband, George, with bigamy for a prior subsisting
marriage with Teresa. Cindy presented Ric and Pat, neighbors of George and
Teresa in Cebu City, to prove, first, that George and Teresa cohabited there and,
second, that they established a reputation as husband and wife. Can Cindy
prove the bigamy by such evidence?
A. Yes, the circumstantial evidence is enough to support a conviction for bigamy.
B. No, at least one direct evidence and two circumstantial evidence are required
to support a conviction for bigamy.
C. No, the circumstantial evidence is not enough to support a conviction for
bigamy.
D. No, the circumstantial evidence cannot overcome the lack of direct evidence
in any criminal case.
38. To prove payment of a debt, Bong testified that he heard Ambo say, as the
latter was handing over money to Tessie, that it was in payment of debt. Is
Bongs testimony admissible in evidence?
A. Yes, since what Ambo said and did is an independently relevant statement.
B. No, since what Ambo said and did was not in response to a startling
occurrence.

C. No, since Bongs testimony of what Ambo said and did is hearsay.
D. Yes, since Ambos statement and action, subject of Bongs testimony,
constitutes a verbal act.
39. Considering the qualifications required of a would-be witness, who among
the following is INCOMPETENT to testify?
A. A person under the influence of drugs when the event he is asked to testify on
took place.
B. A person convicted of perjury who will testify as an attesting witness to a will.
C. A deaf and dumb.
D. A mental retardate.
40. Arthur, a resident foreigner sold his car to Bren. After being paid but before
delivering the car, Arthur replaced its original sound system with an inferior one.
Bren discovered the change, rejected the car, and demanded the return of his
money. Arthur did not comply. Meantime, his company reassigned Arthur to
Singapore.
Bren filed a civil action against Arthur for contractual fraud and damages.
Upon his application, the court issued a writ of preliminary attachment on the
grounds that (a) Arthur is a foreigner; (b) he departed from the Philippines; and
(c) he was guilty of fraud in contracting with Bren.
Is the writ of preliminary attachment proper?
Page 8 of 21Bar Examination Questionnaire for Remedial Law
Set A
A. No, Arthur is a foreigner living abroad; he is outside the courts jurisdiction.
B. Yes, Arthur committed fraud in changing the sound system and its components
before

delivering the car bought from him.

C. Yes the timing of his departure is presumptive evidence of intent to defraud.


D. No, since it was not shown that Arthur left the country with intent to defraud
Bren.
41. What is the movants 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 trial

judge.
C. File a special civil action of certiorari on ground of grave abuse of discretion.
D. Appeal the orders of denial.
42. During trial, plaintiff offered evidence that appeared irrelevant at that time but
he said he was eventually going to relate to the issue in the case 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 plaintiff could anyway subsequently present the evidence anew.
C. Yes, since irrelevant evidence is not admissible.
D. No, it should admit it conditionally until its relevance is shown.
43. Ben testified that Jaime, charged with robbery, has committed bag-snatching
three times on the same street in the last six months. Can the court admit this
testimony as evidence against Jaime?
A. No, since there is no showing that Ben witnessed the past three robberies.
B. Yes, as evidence of his past propensity for committing robbery.
C. Yes, as evidence of a pattern of criminal behavior proving his guilt of the
present offense.
D. No, since evidence of guilt of a past crime is not evidence of guilt of a present
crime.
44. What is the right correlation between a criminal action and a petition for Writ
of Amparo both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter shall be
dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition is filed.
D. When the criminal action is filed after the Amparo petition, the latter shall be
consolidated with the first.
45. Alex filed a petition for writ of amparo against Melba relative to his daughter
Toni's involuntary disappearance. Alex said that Melba was Toni's employer,
who, days before Toni disappeared, threatened to get rid of her at all costs. On
the other hand, Melba countered that she had nothing to do with Toni's

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.
D. For both, substantial evidence.
46. In which of the following situations is the declaration of a deceased person
against his interest NOT ADMISSIBLE against him or his successors and against
third persons?
A. Declaration of a joint debtor while the debt subsisted.
B. Declaration of a joint owner in the course of ownership.
C. Declaration of a former co-partner after the partnership has been dissolved.
D. Declaration of an agent within the scope of his authority.
47. Defendant Dante said in his answer: "1. Plaintiff Perla claims that defendant
Dante owes her P4,000 on the mobile phone 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. A cross claim
B. A compulsory counterclaim
C. A third party complaint
D. A permissive counterclaim
48. How will the court sheriff enforce the demolition of improvements?
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.
B. He will report to the court the judgment obligors refusal to comply and have
the latter cited in contempt of court.
C. He will demolish the improvements on special order of the court, obtained at
the judgment obligees motion.
D. He will inform the court of the judgment obligors noncompliance and proceed
to 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.
C. When the accused fails to pay his annual premium on the bail bond.
D. When the accused changes his address without notice to the bondsman.
50. Which of the following MISSTATES a requisite for the issuance of a search
warrant?
A. The warrant specifically describes the place to be searched and the things to
be seized.
B. Presence of probable cause.
C. The warrant issues in connection with one specific offense.
D. Judge determines probable cause upon the affidavits of the complainant and
his witnesses.
51. Ranger Motors filed 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 Shops intervention. 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.
C. Yes, the right of the intervenor is merely in aid of the right of the original party,
which in this case had ceased to exist.
D. No, since having been allowed to intervene, the intervenor became 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 crime.
B. No, since the offense refers to the same series of act, prompted by one
criminal intent.

C. Yes, since the second offended party is entitled to the vindication of the wrong
done him as well.
D. No, since the second offended 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 crime with him. Is
Henrys testimony regarding what Asiong told him admissible in evidence against
Carlos?
A. No, since it is hearsay.
B. No, since Asiong did not make the statement during the conspiracy.
C. Yes, since it constitutes admission against a co-conspirator.
D. Yes, since it part of the res gestae.
54. Dorothy filed a petition for writ of habeas corpus against her husband, Roy, to
get from him custody of their 5 year old son, Jeff. The court granted the petition
and required Roy to turn over Jeff to his mother. Roy sought reconsideration but
the court denied it. He filed a notice of appeal five days from receipt of the order
denying his motion for reconsideration. Did he file 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 denial of his motion for
reconsideration.
D. Yes, since he filed it within 7 days from receipt of the denial of his motion for
reconsideration.
55. Angel Kubeta filed a petition to change his first name Angel. After the
required publication but before any opposition could be received, he filed a notice
of dismissal. The court confirmed the dismissal without prejudice. Five days
later, he filed another petition, this time to change his surname Kubeta. Again,
Angel filed a notice of dismissal after the publication. This time, however, the
court issued an order, confirming the dismissal of the case with prejudice.
Is the dismissal with prejudice correct?

A. Yes, since such dismissal with prejudice is mandatory.


B. No, since the rule on dismissal of action upon the plaintiffs notice does not
apply to special proceedings.
C. No, since change of name does not involve public interest and the rules
should be liberally construed.
D. Yes, since the rule on dismissal of action upon the plaintiffs notice applies and
the two cases involve a change in name.
56. A complaint without the required verification
A. shall be treated as unsigned.
B. lacks a jurisdictional requirement.
C. is a sham pleading.
D. is considered not filed and should be expunged.
57. The decisions of the Commission on Elections or the Commission on Audit
may be challenged by
A. petition for review on certiorari filed with the Supreme Court under Rule 45.
B. petition for review on certiorari filed with the Court of Appeals under Rule 42.
C. 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 hearing applications for
bail in capital offenses?
A. The hearing for bail in capital offenses is summary; the court does not sit to
try the merits of the case.
B. The prosecutions conformity to the accuseds motion for bail is proof that its
evidence of his guilt is not strong.
C. The accused, as applicant for bail, carries the burden of showing that the
prosecutions evidence of his guilt is not strong.
D. The prosecution must have full opportunity to prove the guilt of the accused.
59. Apart from the case for the settlement of her parents' estate, Betty filed an
action against her sister, Sigma, for reconveyance of title 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 Bettys
legitime. Sigma moved to dismiss the action on the ground that the dispute

should be resolved in the estate proceedings. Is Sigma correct?


Page 12 of 21Bar Examination Questionnaire for Remedial Law
Set A
A. Yes, questions of collation should be resolved in the estate proceedings, not in
a separate civil case.
B. No, since questions of ownership of property cannot be resolved in the
estate proceedings.
C. Yes, in the sense that Betty needs to wait until 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 trial court shall declare him as in default.
B. The trial court shall immediately render judgment against him.
C. The trial court shall allow the plaintiff to present evidence ex-parte.
D. The trial court shall expunge his answer from the record.
61. What is the remedy of the accused if the trial 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.
B. None since such order is final and executory.
C. Ask for reconsideration; if denied, file petition for certiorari and prohibition.
D. Appeal the order denying the motion for preliminary investigation.
62. Which of the following renders a complaint for unlawful detainer deficient?
A. The defendant claims that he owns the subject property.
B. The plaintiff has tolerated defendants possession for 2 years before
demanding that he vacate it.
C. The plaintiffs demand is for the lessee to pay back rentals or vacate.
D. The lessor institutes the action against a lessee who has not paid the
stipulated rents.
63. In a judicial foreclosure proceeding, under which of the following instances is
the court NOT ALLOWED to render deficiency judgment for the plaintiff?

A. If the mortgagee is a banking institution.


B. if upon the mortgagors death during the proceeding, the mortgagee submits
his claim in the estate proceeding.
C. If the mortgagor is a third party who is not solidarily liable with the debtor.
D. If the mortgagor is a non-resident person and cannot be found in the
Philippines.
64. In which of the 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
C. Assignee of the lessor in an action for unlawful detainer
D. An administrator suing for damages arising from the death of the decedent
65. The defendant in an action for sum of money filed a motion to dismiss the
complaint on the ground of improper venue. After hearing, the court denied 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 action
accrued. May the court, after hearing, dismiss the action on ground of
prescription?
A. Yes, because prescription is an exception to the rule on Omnibus Motion.
B. No, because affirmative defenses are barred by the earlier motion to dismiss.
C. Yes, because the defense of prescription of action can be raised at anytime
before the finality of judgment.
D. No, because of the rule on Omnibus Motion.
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 trial shall be void.
D. He may be convicted only of the lesser offense.
67. Which of the following is a correct application of the rules involved in
consolidation of cases?
A. Consolidation of cases pending in different divisions of an appellate court is
not allowed.

B. The court in which several cases are pending involving common questions of
law and facts may hear initially the principal case and suspend the hearing in the
other cases.
C. Consolidation of cases pending in different branches or different courts is not
permissible.
D. The consolidation of cases is done only for trial 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 Theaters owners?
A. Yes, an unregistered entity like MCM Theater may be served with summons
through its office manager.
B. No, because MCM has no juridical personality and cannot be sued.
C. No, since the real parties in interest, the owners of MCM Theater, have not
been served with summons.
D. Yes since MCM, as business entity, is a de facto partnership with juridical
personality.
69. Fraud as a ground for new trial must be extrinsic as distinguished from
intrinsic. Which of the following constitutes extrinsic fraud?
A. Collusive suppression by plaintiffs counsel of a material evidence vital to his
cause of action.
B. Use of perjured testimony at the trial.
C. The defendants fraudulent representation that caused damage to the plaintiff.
D. Use of falsified documents during the trial.
70. Upon review, the Secretary of Justice ordered the public prosecutor to file a
motion to withdraw the information for estafa 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 has the power after the case is filed to itself determine

probable cause.
D. Yes, since the decision of the Secretary of Justice in criminal matters is
binding on courts.
71. Unexplained or unjustified non-joinder in the Complaint of a necessary party
despite court order results in
A. the dismissal of the Complaint.
B. suspension of proceedings.
C. contempt of court.
D. waiver of plaintiffs right against the unpleaded necessary party.
72. Which of the following CANNOT be disputably presumed under the rules of
evidence?
A. That the thing once proved to exist continues as long as is usual with things of
that nature.
B. That the law has been obeyed.
C. That a writing is truly dated.
D. That a young person, absent for 5 years, it being unknown whether he still
lives, is considered dead for purposes of succession.
73. 008-464-0001

Which of the following is NOT REQUIRED in a petition for

mandamus?
A. The act to be performed is not discretionary.
B. There is no other adequate remedy in the ordinary course of law.
C. RIGHT ANSWER The respondent neglects to perform a clear duty under a
contract.
D. The petitioner has a clear legal right to the act demanded.
74. When is the defendant entitled to the return of the property taken under a
writ of replevin?
A. When the plaintiffs bond is found insufficient or defective and is not replaced.
B. When the defendant posts a redelivery bond equal to the value of the property
seized.
C. When the plaintiff takes the property and disposes of it without the sheriffs
approval.
D. When a third party claims the property taken yet the applicant does not file a

bond in favor of the sheriff.


75. Character evidence is admissible
A. in criminal cases, the accused may prove his good moral character if
pertinent to the moral trait

involved in the offense charged.

B. in criminal cases, the prosecution may prove the bad moral character of the
accused to prove his criminal predisposition.
C. in criminal cases, the bad moral character of the offended party may not be
proved.
D. when it is evidence of the good character of a witness even prior to
impeachment.
76. Xs action for sum of money against Y amounting to P80,000.00 accrued
before the effectivity of the rule providing for shortened procedure in adjudicating
claims that do not exceed P100,000.00. X filed his action after the rule took
effect. Will the new rule apply to his case?
A. No since what applies is the rule in force at the time the cause of action
accrued.
B. No, since new procedural rules cover only cases where the issues have
already been joined.
C. Yes, since procedural rules have retroactive effect.
D. Yes, since procedural rules generally apply prospectively to pending cases.
77. A motion for reconsideration of a decision is pro forma when
A. it does not specify the defects in the judgment.
B. it is a second motion for reconsideration with an alternative prayer for new
trial.
C. it reiterates the issues already passed upon but invites a second look at the
evidence and the arguments.
D. its arguments in support of the alleged errors are grossly erroneous.
78. Which of the following correctly states the rule on foreclosure of mortgages?
A. The rule on foreclosure of real estate mortgage is suppletorily applicable to
extrajudicial foreclosures.
B. In judicial foreclosure, an order of confirmation is necessary to vest all rights
in the purchaser.

C. There is equity of redemption in extra-judicial foreclosure.


D. A right of redemption by the judgment obligor exists in judicial foreclosure.
79. The information charges PNP Chief Luis Santos, (Salary Grade 28), with
"taking advantage of his public position as PNP Head by feloniously shooting
JOSE ONA, inflicting on the latter mortal wounds which caused his death."
Based solely on this allegation, which court has jurisdiction over the case?
A. Sandiganbayan only
B. Sandiganbayan or Regional Trial Court
C. Sandiganbayan or Court Martial
D. Regional Trial Court only
Page 16 of 21Bar Examination Questionnaire for Remedial Law
Set A
80. Distinguish between conclusiveness of judgment and bar by prior judgment.
A. Conclusiveness of judgment bars another action based on the same cause;
bar by prior judgment precludes another action based on the same issue.
B. Conclusiveness of judgment bars only the defendant from questioning it; bar
by prior judgment bars both plaintiff and defendant.
C. Conclusiveness of judgment bars all matters directly adjudged; bar by prior
judgment precludes all matters that might have been adjudged.
D. Conclusiveness of judgment precludes the filing of an action to annul such
judgment; bar by prior judgment allows the filing of such an action.
81. Which of the following matters is NOT A PROPER SUBJECT of judicial
notice?
A. Persons have killed even without motive.
B. Municipal ordinances in the municipalities where the MCTC sits.
C. Teleconferencing is now a way of conducting business transactions.
D. British law on succession personally known to the presiding judge.
82. The RTC of Malolos, Branch 1, issued a writ of execution against Rene for
P20 million. The sheriff levied on a school building that appeared to be owned by
Rene. Marie, however, filed a third party claim with the sheriff, despite which, the
latter scheduled the execution sale. Marie then filed a separate action before the
RTC of Malolos, Branch 2, which issued a writ of preliminary injunction enjoining

the sheriff from taking possession and proceeding with the sale of the levied
property. Did Branch 2 correctly act in issuing the injunction?
A. Yes, since the rules allow the filing of the independent suit to check the
sheriffs wrongful act in levying on a third partys property.
B. Yes, since Branch 2, like Branch 1, is part of the RTC of Malolos.
C. No, because the proper remedy is to seek relief from the same court which
rendered the judgment.
D. No, since it constitutes interference with the judgment of a co-equal court with
concurrent jurisdiction.
83. What is the effect and ramification of an order allowing new trial?
A. The courts decision shall be held in suspension until the defendant could
show at the reopening of trial that it has to be abandoned.
B. The court shall maintain the part of its judgment that is unaffected and void the
rest.
C. The evidence taken upon the former trial, if material and competent, shall
remain in use.
D. The court shall vacate the judgment as well as the entire proceedings had in
the case.
84. Which of the following is sufficient to disallow a will on the ground of
mistake?
A. An error in the description of the land devised in the will.
B. The inclusion for distribution among the heirs of properties not belonging to
the testator.
C. The testator intended a donation intervivos but unwittingly executed a will.
D. An error in the name of the person nominated as executor.
85. As a rule, the estate shall not be distributed prior to the payment of all
charges to the estate. What will justify advance distribution as an exception?
A. The estate has sufficient residual assets and the distributees file sufficient
bond.
B. The specific property sought to be distributed might suffer in value.
C. An agreement among the heirs regarding such distribution.
D. The conformity of the majority of the creditors to such distribution.

86. A party aggrieved by an interlocutory order of the Civil Service Commission


(CSC) filed a petition for certiorari and prohibition with the Court of Appeals. May
the Court of Appeals take cognizance of the petition?
A. Yes, provided it raises both questions of facts and law.
B. No, since the CSC Chairman and Commissioners have the rank of Justices of
the Court of Appeals.
C. No, since the CSC is a Constitutional Commission.
D. Yes, since the Court of Appeals has jurisdiction over the petition concurrent
with the Supreme Court.
87. Which of the following is appealable?
A. An order of default against the defendant.
B. The denial of a motion to dismiss based on improper venue.
C. The dismissal of an action with prejudice.
D. The disallowance of an appeal.
88. Which of the following is NOT REQUIRED of a declaration against interest as
an exception to the hearsay rule?
A. The declarant had no motive to falsify and believed such declaration to be
true.
B. The declarant is dead or unable to testify.
C. The declaration relates to a fact against the interest of the declarant.
D. At the time he made said declaration he was unaware that the same was
contrary to his aforesaid interest.
89. To prove the identity of the assailant in a crime of homicide, a police officer
testified that, Andy, who did not testify in court, pointed a finger at the accused in
a police lineup. Is the police officers testimony regarding Andy's identification of
the accused admissible evidence?
A. Yes, since it is based on his personal knowledge of Andys identification of the
accused.
B. Yes, since it constitutes an independently relevant statement.
C. No, since the police had the accused identified without warning him of his
rights.
D. No, since the testimony is hearsay.

90. In which of the following cases is the testimony in a case involving a


deceased barred by the Survivorship Disqualification Rule or Dead Man Statute?
A. Testimony against the heirs of the deceased defendant who are substituted
for the latter.
B. The testimony of a mere witness who is neither a party to the case nor is in
privity with the latter.
C. The testimony of an oppositor in a land registration case filed by the
decedents heirs.
D. The testimony is offered to prove a claim less than what is established
under a written document signed by the decedent.
91. The prosecution moved for the discharge of Romy as state witness in a
robbery case it filed against Zoilo, Amado, and him. Romy testified, consistent
with the sworn statement that he gave the prosecution. After hearing Romy, the
court denied the motion for his discharge. How will denial affect Romy?
A. His testimony shall remain on record.
B. Romy will be prosecuted along with Zoilo and Amado.
C. His liability, if any, will be mitigated.
D. The court can convict him based on his testimony.
92. In proceedings for the settlement of the estate of deceased persons, the
court in which the action is pending may properly
A. pass upon question of ownership of a real property in the name of the
deceased but claimed by a stranger.
B. pass upon with the consent of all the heirs the issue of ownership of estate
asset, contested by an heir if no third person is affected.
C. rule on a claim by one of the heirs that an estate asset was held in trust for
him by the deceased.
D. rescind a contract of lease entered into by the deceased before death on the
ground of contractual breach by the lessee.
93. Which of the following stipulations in a contract will supersede the venue for
actions that the rules of civil procedure fix?
A. In case of litigation arising from this contract of sale, the preferred venue shall
be in the proper courts of Makati.

B. Should the real owner succeed in recovering his stolen car from buyer X, the
latter shall have recourse under this contract to seller Y exclusively before the
proper Cebu City court.
C. Venue in case of dispute between the parties to this contract shall solely be in
the proper courts of Quezon City.
D. Any dispute arising from this contract of sale may be filed in Makati or Quezon
City.
94. Allan was riding a passenger jeepney driven by Ben that collided with a car
driven by Cesar, causing Allan injury. Not knowing who was at fault, what is the
best that Allan can do?
A. File a tort action against Cesar.
B. Await a judicial finding regarding who was at fault.
C. Sue Ben for breach of contract of carriage.
D. Sue both Ben and Cesar as alternative defendants.
95. A surety company, which provided the bail bond for the release of the
accused, filed a motion to withdraw as surety on the ground of the accuseds
non-payment of the renewal premium. Can the trial court grant the withdrawal?
A. No, since the suretys undertaking is not annual but lasts up to judgment.
B. Yes, since surety companies would fold up otherwise.
C. No, since the surety company technically takes the place of the accused with
respect to court attendance.
D. Yes, since the accused has breached its agreement with the surety company.
96. To prove that Susan stabbed her husband Elmer, Rico testified that he heard
Leon running down the street, shouting excitedly, Sinasaksak daw ni Susan ang
asawa niya! (I heard that Susan is stabbing her husband!) Is Leon's statement
as narrated by Rico admissible?
A. No, since the startling event had passed.
B. Yes, as part of the res gestae.
C. No, since the excited statement is itself hearsay.
D. Yes, as an independently relevant statement.
97. Which of the following NOT TRUE regarding the doctrine of judicial
hierarchy?

A. It derives from a specific and mandatory provision of substantive law.


B. The Supreme Court may disregard the doctrine in cases of national interest
and matters of serious implications.
C. A higher court will not entertain direct recourse to it if redress can be obtained
in the appropriate courts.
D. The reason for it is the need for higher courts to devote more time to matters
within their exclusive jurisdiction.
98. Plaintiff Manny said in his complaint: 3. On March 1, 2001 defendant Letty
borrowed P1 million from plaintiff Manny and made a promise to pay the loan
within six months.
In her answer, Letty alleged: Defendant Letty specifically denies the allegations
in paragraph 3 of the complaint that she borrowed P1 million from plaintiff Manny
on March 1, 2001 and made a promise to pay the loan within six months. Is
Lettys denial sufficient?
A. Yes, since it constitutes specific denial of the loan.
B. Yes, since it constitutes positive denial of the existence of the loan.
C. No, since it fails to set forth the matters defendant relied upon in support of
her denial.
D. No, since she fails to set out in par. 2 of her answer her special and affirmative
defenses.
99. When may an information be filed in court without the preliminary
investigation required in the particular case being first conducted?
A. Following an inquest, in cases of those lawfully arrested without a warrant.
B. When the accused, while under custodial investigation, informs the arresting
officers that he is waiving his right to preliminary investigation.
C. When the accused fails to challenge the validity of the warrantless arrest at his
arraignment.
D. When the arresting officers take the suspect before the judge who issues a
detention order against him.
100. In a civil action involving three separate causes of action, the court
rendered summary judgment on the first two causes of action and tried the third.
After the period to appeal from the summary judgment expired, the court issued a

writ of execution to enforce the same. Is the writ of execution proper?


A. No, being partial, the summary judgment is interlocutory and any appeal from
it still has to reckon with the final judgment.
B. Yes since, assuming the judgment was not appealable, the defendant should
have questioned it by special civil action of certiorari.
C. No, since the rules do not allow a partial summary judgment.
D. No, since special reason is required for execution pending rendition of a final
decision in the case.
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