BAR EXAMINATION 2006 REMEDIAL LAW

REMEDIAL LAW -I1. What is the concept of remedial law? 2% 2. Distinguish between substantive law and remedial law. 2% 3. How are remedial laws implemented in our system of government? 2% 4. Distinguish jurisdiction from venue? 2% 5. What do you mean by (a) real actions; and (b) personal actions? 2% - II What court has jurisdiction over an action for specific performance filed by a subdivision homeowner against a subdivision developer? Choose the correct answer. Explain. 2.5% 1. The Housing and Land Use Regulatory Board 2. The Securities and Exchange Commission 3. The Regional Trial Court 4. The Commercial Court or the Regional Trial Court designated by the Supreme Court to hear and decide "commercial cases". - III 1. What is forum shopping? 2.5% 2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for specific performance against Bernie. For lack of a certification against forum shopping, the judge dismissed the complaint. Honey's lawyer filed a motion for reconsideration, attaching thereto an amended complaint with the certification against forum shopping. If you were the judge, how will you resolve the motion? 5%

- IV Jojie filed with the Regional Trial Court of Laguna a complaint for damages against Joe. During the pre-trial, Jojie and her counsel failed to appear despite notice to both of them. Upon oral motion of Jojie, Joe was declared as in default and Jojie was allowed to present her evidence ex palte. Thereafter, the court rendered its Decision in favor of Jojie. Joe hired Jose as his counsel. What are the remedies available to him? Explain. 5% -VMay Congress enact a law providing that a 5,000 square meter lot, apart of the UST compound in Sampaloc, Manila, be expropriated for the construction of a park in honor of former City Mayor Arsenio Lacson? As compensation to UST, the City of Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna originally intended as a residential subdivision for the Manila City Hall employees. Explain. 5% - VI Explain each mode of certiorari: a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5% b. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5% c. As a mode of review of the decisions of the National Labor Relations Commission and the Constitutional Commissions. 2.5% - VII Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes paid, but it was not acted upon. So, he filed a similar complaint with the Court of Tax Appeals raffled to one of its Divisions. Mark's complaint was dismissed. Thus, he filed with the Court of Appeals a petition for certiorari under Rule 65. Does the Court of Appeals have jurisdiction over Mark's petition? 2.5

- VIII Does the Court of Appeals have jurisdiction to review the Decisions in criminal and administrative cases of the Ombudsman? 2.5% - IX 1. What are the requisites for the issuance of (a) a writ of preliminary injunction; and (b) a final writ of injunction? 2.5% 2. Distinguish between injunction as an ancillary remedy and injunction as a main action. 2.5% -X1. Define a temporary restraining order (TRO). 2% 2. Maya Regional Trial Court issue injunction without bond? 2% 3. What is the duration of a TRO issued by the Executive Judge of a Regional Trial Court? 2% 4. Differentiate a TRO from a status quo order. 2% 5. Maya justice of a Division of the Court of Appeals issue a TRO? 2% - XI 1. What is an interlocutory order? 2. What is the difference between a judgment and an opinion of the court? 2.5% - XII Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint for sum of money amounting to P1 Million against Carlos Corro. The complaint alleges, among others, that Carlos borrowed from Tina the said amount as evidenced by a promissory note signed by Carlos and his wife, jointly and severally. Carlos was served with summons which was received by Linda, his secretary .However, Carlos failed to file an answer to the complaint within the 15-day reglementary period. Hence, Tina filed with the court a motion to declare Carlos in default and to allow her to present evidence ex parte. Five days thereafter, Carlos filed his verified answer to the complaint, denying under oath the genuineness and due execution of the promissory note; and contending

Cancio Vidal.5% . Was the summons validly served on Carlos? 2. 1. Supposing the original copy of the last will and testament was lost. executed a last will and testament in English. will you grant Tina's motion to declare Carlos in default? 2.that he has fully paid his loan with interest at 12% per annum. married. of sound and disposing mind.XIV When is bail a matter of right and when is it a matter of discretion ? 5% . after learning of Sergio's death. obliged to file with the proper court a petition for probate of the latter's last will and testament? 2% 2. 50 years old. Filipino. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. Is Cancio Vidal. as executor of the will without bond 1. . Can the probate court appoint the widow as executor of the will? 2% 4. He devised apiece of land worth P100 Million to Susan. his favorite daughter-in-Iaw. Muntinlupa City . and residing at Ayala Alabang Village.5% 2. Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2% 5. a language spoken and written by him proficiently. He named his best friend. sum of P300 Million. their neighbor.XIII Sergio Punzalan. He disposed of his estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the . can Cancio compel Susan to produce a copy in her possession to be submitted to the probate court? 2% 3. Can the widow and her children initiate a separate petition for partition of the estate pending the probate of the last will and testament by the proper court? 2% . If you were the judge.XV Leticia was estranged from her husband Paul for more than a year due to his suspicion that she was having an affair with Manuel.

Congress passed Republic Act No. but the majority voted to uphold the contract. killing the latter. opposed the petition on the ground that mandamus does not lie to enforce contractual . he was charged with arson in an Information filed with the Regional Trial Court.XVI 1. Later.XVII In 1996. 2. She saw her husband in the vicinity during the incident. For unknown reasons. Fotokina filed with the RTC a petition for mandamus to compel the COMELEC to implement the contract. Can Leticia testify over the objection of her husband on the ground of martial privilege? 5% .8189. It issued invitations to pre-qualify and bid for the project.She was temporarily living with her sister in Pasig City. the budget for the COMELEC's modernization is only P1 Billion. the house of Leticia's sister was burned. Fotokina was declared the winning bidder with a bid of P6 Billion and was issued a Notice of Award. Two Commissioners sided with Chairman Go. As counsel of an accused charged with homicide. Pursuant thereto. representing Chairman Go. otherwise known as the Voters' Registration Act of 1996. Meanwhile. But COMELEC Chairman Gener Go objected to the award on the ground that under the Appropriations Act.5% 2.5% . Leticia survived. What are the requirements in order that an admission of guilt of an accused during a custodial investigation be admitted in evidence? 2. you are convinced that he can be utilized as a state witness. What procedure will you take? Explain. He announced to the public that the VRIS project has been set aside. During the trial. The Office of the Solicitor General (OSG). Pasig City. the prosecutor called Leticia to the witness stand and offered her testimony to prove that her husband committed arson. the COMELEC approved the Voters' Registration and Identification System (VRIS) Project. providing for computerization of elections. After the public bidding.

(2%) c. (2%) d. (2%) . explain your answer briefly. The surviving parties rule bars Maria from testifying for the claimant as to what the deceased Jose had said to her. in a claim filed by Pedro against the estate of Jose (3%) b. A counterclaim is pleading. (3%) c.II (Total 10%) True or False. What are the rules on the recognition and enforcement of foreign judgments in our courts? (6%) b. 1. BAR EXAMINATION 2007 REMEDIAL LAW -I(Total 10%) a. a. Is a petition for mandamus an appropriate remedy to enforce contractual obligations? 5% NOTHING FOLLOWS. A defendant who has been declared in default can avail of a petition for relief from the judgment subsequently rendered in the case.obligations. May the OSG represent Chairman Go before the RTC notwithstanding that his position is contrary to that of the majority? 5%. If the answer is false. (2%) . During the proceedings. the majority Commissioners filed a manifestation that Chairman Go was not authorized by the COMELEC En Banc to oppose the petition. A motion is pleading. How about a global injunction issued by a foreign court to prevent dissipation of funds against a defendant therein who has assets in the Philippines? Explain briefly. Can a foreign arbitral award be enforced in the Philippines under those rules? Explain briefly. 2.

a member of the Caloocan City police force witnesses a bus robbery in Pasay City and effects the arrest of the suspect.VII (Total 10%) . The rule on admissions against interest. (5%) b. Distinguish the effects of the filling of a demurrer to the evidence in a criminal case and its filing in a civil case.IV (10%) Husband H files a petition for declaration of nullity of marriage before the RTC of Pasig City. Can he bring the suspect to Caloocan City for booking since that is where his station is? Explain briefly. Wife W files a petition for habeas corpus before the RTC of Pasay City. praying for custody over their minor child. (5%) . The rule on statements that are part of the res gestae.III (Total 10%) 1. On his way home. what do the following rules of evidence have in common? (5%) 1. Can the police take the firearm even if it is not covered by the search warrant? If the warrant is subsequently quashed. The rule on dying declarations. H files a motion to dismiss the wife's petition on the ground of the pendency of the other case. the police finds an unlicensed firearm. is the police required to return the firearm? Explain briefly. What is reverse trial and when may it be resorted to? Explain briefly. In the course of serving a search warrant. What is the hearsay rule? (5%) 2. -V(Total 10%) a. (5%) b.. Rule. In relation to the hearsay rule. 2. . (5%) .VI (Total 10%) a. 3.

Summons was served on the Civil Registrar but there was no appearance during the hearing. The RTC granted the petition. The RTC sets the case for hearing and directs the publications of the order once a week for three consecutive weeks in a newspaper of general circulation. What should the court do? Explain briefly. saying that she was not notified of the petition and hence.VIII (Total 10%) a. (5%) b. G marked his evidence but his counsel failed to file a formal offer of evidence. (5%) b.a. Was the court correct? Explain briefly. Y avers as a special and affirmative defense that he is a tenant of X's deceased father in whose name the property remains registered. the decision was issued in violation of due process. To avoid the expense of going to court in a Petition for Probate of the Will. F then presented in evidence tax declarations in the name of his father to establish that his father is a co-owner of the property.IX (10%) . (5%) . G files a complaint for recovery of possession and damage against F. R filed a petition for annulment of judgment before the Court of Appeals. In his answer. The court ruled in favor of F. The heirs of H agree among themselves that they will honor the division of H's estate as indicated in her Last Will and Testament. Rule. X files an unlawful detainer case against Y before the appropriate Metropolitan Trial Court. can they instead execute an Extrajudicial Settlement Agreement among themselves? Explain briefly. (5%) . B opposed saying that the publication of the court order was sufficient compliance with due process. B files a petition for cancellation of the birth certificate of her daughter R on the ground of falsified material entries there in made by B's husband as the informant. in the course of the trial. saying that G failed to prove sole ownership of the property in the face of F's evidence.

(5%) b. Upon her return to the Philippines. -X(Total 10%) a. Can L file a petition for mandamus? Reason briefly. (5%) NOTHING FOLLOWS. the arraignment of L was postponed nineteen times over a period of two years. A goes to the United States to work. BAR EXAMINATION 2008 REMEDIAL LAW I Lani filed an action for partition and accounting in the Regional Trial Court (RTC) of Manila against her sister Mary Rose. While awaiting decision on the case. and so he remained in detention at the City Jail.L was charged with illegal possession of shabu before the RTC. in its answer. Twice during that period. invoking the right of the accused to a speedy trial. Both motions were denied by the RTC. Bank V set up a counter claim for actual damages and litigation expenses. A files a case against B. seven years later. For various reasons ranging from the promotion of the Presiding Judge. Upon motion. Can a file a motion for execution of the judgment? Explain briefly. who is a resident of Singapore and is not found in the Philippines. to the absence of the trial prosecutor. L's counsel filed motions to dismiss. Rule. and to the lack of the notice to the City Jail Warden. A discovers that a decision was rendered by the court in her favor a few months after she had left. he could not afford to post bail. Although bail was allowable under his indictment. the court ordered the publication of the summons for three weeks in a local . RC filed a motion to dismiss the counterclaim on the ground the Bank V's Answer with Counterclaim was not accompanied by a certification against forum shopping. RC filed a complaint for annulment of the foreclosure sale against Bank V.

who said. a resident of Makati City before the RTC of Quezon City for the reconveyance of two parcels of land situated in Tarlac and Nueva Ecija.tabloid. suppose that instead of alleging payment as a defense in his answer.000 as attorney's fees as a result of the baseless filing of the complaint. a. respectively. Linda showed the tabloid and the page containing the summons to Mary Rose. does he have to pay docket fees therefor? (3%) b. at the same time setting up his counterclaims. Under the same premise as paragraph (b) above.000. Bulgar. and if so. "Yes I know. Linda.000 as the balance of the purchase price of the 30 units of air conditioners he sold to Fe. Angela. Does the RTC have jurisdiction over Ramon's counterclaims.000 as damages and P30. a resident of Quezon City. Suppose Ramon's counterclaim for the unpaid balance is P310. saw the summons in Bulgar and brought a copy of the tabloid when she returned to Singapore. what will happen to his counterclaims if the court dismisses the complaint after holding a preliminary hearing on Ramon's affirmative defenses? (3%) c. an OFW vacationing in the Philippines. Assuming that the action was for foreclosure on the mortgage of the same parcels of land. Ramon in his answer set up counterclaims for P100. Ramon filed a motion to dismiss on that ground. and the court grants his motion. Aside from alleging payment as a defense.000 against Ramon in the RTC of Davao City. what is the proper venue for the action? (3%) . sued Antonio. May her action prosper? (3%) b. as well as for P250. my kumare Anita scanned and emailed that page of Bulgar to me!" Did the court acquire jurisdiction over Mary Rose? (4%) II Fe filed a suit for collection of P387. What will happen to his counterclaims? (3%) III a.

stating that the allegations of the complaint were sufficiently made.000. the second was a claim for damages of P500. The trial court discharged the attachment. the defendant was surprised to find on the date set for hearing that the trial court had already denied the motion on the day of its filing. a. can the trial judge dismiss the case if the plaintiff does not comply with the order? (3%) VI After his properties were attached. Rule on Porfirio's motion. the trial court rendered a judgment in Porfirio's favor by ordering the plaintiff to pay damages because the plaintiff was not entitled to the attachment. Did the judge gravely abuse his discretion in acting on the motion without waiting for the hearing set for the motion? (3%) b. In the end. Nonetheless. is beyond the jurisdiction of the MeTC. Marcelino filed a motion to dismiss on the ground that the total amount involved. the defendant filed a motion for bill of particulars that he set for hearing on a certain date. The plaintiff and his sureties opposed the motion. Is Marcelino correct? (4%) V Within the period for filing a responsive pleading. which is P540. However. claiming that the filing of the counterbond had relieved the plaintiff's attachment bond from all liability for the damages.000. Porfirio moved to charge the plaintiff's attachment bond. Porfirio suffered substantial prejudice due to the unwarranted attachment. defendant Porfirio filed a sufficient counterbond. The first was a demand for the recovery of physical possession of a parcel of land situated in Pasay City with an assessed value of P40.000 for Marcelino's unlawful retention of the property. (4%) VII . If the judge grants the motion and orders the plaintiff to file and serve the bill of particulars.IV Filomeno brought an action in the Metropolitan Trial Court (MeTC) of Pasay City against Marcelino pleading two causes of action.

If the bank denies holding the deposit in the name of the judgment obligor but your client's informant is certain that the deposit belongs to the judgment obligor under an assumed name. Bembol's father. The writ of execution was returned unsatisfied. If you are the judge. what steps would you take to reach the deposit to satisfy the judgment? (3%) b. The State justified the seizure of the marijuana leaves under the "plain view" doctrine. Ramil. a. Bembol personally offered to settle the case for P1 Million to the private prosecutor. how would you rule on the motion to suppress? (4%) X . the victim's father. what is your remedy to reach the deposit? (3%) VIII Bembol was charged with rape. during the preliminary investigation and offered P1 Million to Artemon to settle the case. approached Artemon. During trial. who immediately put the offer on record in the presence of the trial judge. The judgment obligee subsequently received information that a bank holds a substantial deposit belonging to the judgment obligor. There was no indication of whether the marijuana leaves were discovered and seized before or after the seizure of the shabu. If you are the counsel of the judgment obligee. Is Bembol's offer a judicial admission of his guilt? (3%) IX The search warrant authorized the seizure of "undetermined quantity of shabu. Artemon refused the offer. The accused moved to suppress the marijuana leaves as evidence for the violation of Section 11 of the Comprehensive Dangerous Drugs Act of 2002 since they were not covered by the search warrant. During the pre-trial.a." During the service of the search warrant. the raiding team also recovered a kilo of dried marijuana leaves wrapped in newsprint. the prosecution presented Artemon to testify on Ramil's offer and thereby establish an implied admission of guilt. Is Ramil's offer to settle admissible in evidence? (3%) b.

Alberto and Romeo were charged with murder. For his part. Learning of the issuance of the warrants. The resolution of the motion to dismiss was delayed because of the retirement of the judge. Robert undertook to pay the loan within a year from its date at 12% per annum interest. Robert moved to dismiss the complaint for lack of cause of action as the debt was not yet due. Arturo issued a demand letter and when Robert did not comply. a. the plaintiff timely filed a motion for partial new trial to seek an increase in the monetary damages awarded. Arturo filed an action to foreclose the mortgage. the defendant. pending resolution of the motion to dismiss.Jose. The RTC judge denied their motion because the RTC did not acquire jurisdiction over the persons of the movants. Robert complied. the three accused jointly filed a motion for reinvestigation and for the recall of the warrants of arrest. 2007. Did the RTC rule correctly? (4%) XI Arturo lent P1 Million to his friend Robert on the condition that Robert execute a promissory note for the loan and a real estate mortgage over his property located in Tagaytay City. On October 1. 2006. Sikat duly filed a notice of appeal. Should the amended complaint be allowed considering that no answer has been filed? (3%) b. Arturo filed an amended complaint alleging that Robert's debt had in the meantime become due but that Robert still refused to pay. In June 2007. In his promissory note dated September 20. none of the accused showed up in court for fear of being arrested. On the date set for hearing of their motion. Upon filing of the information. Would your answer be different had Arturo filed instead a supplemental complaint stating that the debt became due after the filing of the original complaint? (2%) XII After receiving the adverse decision rendered against his client. Atty. Arturo requested Robert to pay ahead of time but the latter refused and insisted on the agreement. Is it . The RTC instead rendered an amended decision further reducing the monetary awards. the RTC judge issued the warrants for their arrest.

Roscoe sold the middle third of the southern half to Nina. the first time on August 14. Thereupon. Petronilo brought his complaint to the National Bureau of Investigation. After filing his answer. the RTC issued a subpoena ad testificandum to Edgardo's lawyer for him to testify on the conversations during their first and second meetings. (4%) XIV On August 15. Salvio's cousin. insisting that the modes of discovery apply only to ordinary civil actions. During the trial of Edgardo. 2008. Salvio filed an action for the reconveyance of the southern half against Roscoe only. After trial. Salvio asked Roscoe to convey the southern half to him. and that both visits concerned the swindling of Petronilo. Salvio did not amend the complaint to implead Nina. On his part the heir/oppositor served written interrogatories to the administrator preparatory to presenting the latter as a witness. which found that Edgardo had visited his lawyer twice. Carlo was not impleaded. the court rendered judgment ordering Roscoe to reconvey the entire southern half to . May the subpoena be quashed on the ground of privileged communication? Explain fully.necessary for Atty. 2008. Edgardo committed estafa against Petronilo in the amount of P3 Million. ( 4%) XV Half-brothers Roscoe and Salvio inherited from their father a vast tract of unregistered land. 2008 and the second on August 16. Sikat to file a second notice of appeal after receiving the amended decision? (3%) XIII An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect of duties as administrator and absence from the country. not special proceedings. The administrator objected. Upon learning of the sale. Rule on the matter. Roscoe succeeded in gaining possession of the parcel of land in its entirety and transferring the tax declaration thereon in his name. Roscoe refused as he even sold one-third of the southern half along the West to Carlo. Roscoe sold the northern half to Bono.

Due to witnesses attesting that he was the last person seen with the woman when she was still alive. A writ of execution having been issued. Carlito was arrested within five hours after the discovery of the cadaver and brought to the police station. Is the oral confession admissible as evidence of guilt? (4%) XVII Ben sold a parcel of land to Del with right to repurchase within one (1) year. He was genuinely remorseful. When Ben failed to repurchase the same. While in police custody. Decide. detailing the acts he had performed up to his dumping of the body near the creek. contending that they are not bound by the judgment as they are not parties to the case. Carlito broke down in the presence of an assisting counsel and orally confessed to the investigator that he had raped and killed the woman. The judgment became final and executory. during which time they purchased properties together.Salvio. Ben remained in possession of the property. Ben averred that the case should be dismissed because Del had never been in possession of the property. After Domenico died without a will. Domenico's siblings opposed the same on the ground that Gen has no legal personality. Ben refused to vacate the land. The crime laboratory determined that the woman had been raped. the State presented the investigator to testify on the oral confession of Carlito. During the trial. (4%) XIX . In his defense. title was consolidated in favor of Del. Despite demand. Carlo and Nina refused. Is Ben correct? (4%) XVIII Domenico and Gen lived without benefit of marriage for twenty years. the Sheriff required Roscoe. Carlo and Nina to vacate the southern half and yield possession thereof to Salvio as the prevailing party. (4%) XVI The mutilated cadaver of a woman was discovered near a creek. constraining Del to file a complaint for unlawful detainer. Gen filed a petition for letters of administration. Is the contention tenable? Explain fully.

In the alternative. In your opinion. she filed a petition for writ of habeas corpus. the trial court allowed Alma to post bail and then ordered her release. Under the Rules of Criminal Procedure? (2%) XX A tugboat owned by Speedy Port Service. the exact provisions were to be set forth in detail. CA where the sentence of imprisonment of a party found guilty of violation of BP 22 was reduced to a fine equal to double the amount of the check involved. asking whether statements of witnesses were obtained. 22 (BP 22). Inc. (4%) . citing Vaca vs. Accordingly. Ely to defend it against potential claims and to sue the company owning the other vessel for damages to the tug. Under Rule 102? (2%) b. if written. Sec. SPS engaged Atty. Ely refused to comply. drowning five (5) of the crew in the resulting shipwreck. she prayed that pending determination on whether the Vaca ruling applies to her. arguing that the documents and information asked are privileged communication. she be allowed to post bail pursuant to Rule 102. She prayed that her sentence be similarly modified and that she be immediately released from detention. (4%) XXI a. Is the contention tenable? Explain. he may be admitted to bail in the discretion of the court. the four (4) survivors testified. At the maritime board inquiry. Plaintiffs' counsel sent written interrogatories to Ely. is the order of the trial court correct a. The heirs of the five (5) victims filed an action for damages against SPS.14. Compare the certiorari jurisdiction of the Supreme Court under the Constitution with that under Rule 65 of the Rules of Civil Procedure. which provides that if a person is lawfully imprisoned or restrained on a charge of having committed an offense not punishable by death. He also interviewed other persons. if oral.After Alma had started serving her sentence for violation of Batas Pambansa Blg. Ely obtained signed statements from the survivors. (SPS) sank in Manila Bay while helping tow another vessel. copies were to be furnished. in some instance making memoranda.

e. Will your answer be the same if the action was for foreclosure of the mortgage over the two parcels of land? Why or why not? (2%) III Amorsolo. Explain your answer in not more than two (2) sentences. The subject . Summons may be served by mail. filed with the RTC of Lipa City a Complaint for Rescission of Contract of Sale of Land against Brigido. The Vallejo standard refers to jurisprudential norms considered by the court in assessing the probative value of DNA evidence. a third party's statement becomes the admission of the party embracing or espousing it. a. A suit for injunction is an action in rem. Sto. (5%) a. (2%) b. Batangas. a Filipino citizen permanently residing in New York City. or FALSE if the statement is false. one situated in Pampanga. and the other in Bulacan. d. Give at least three instances where the Court of Appeals may act as a trial court.b. a resident of Barangay San Miguel. May the action prosper? Explain. Tomas. BAR EXAMINATION 2009 REMEDIAL LAW PART I I TRUE or FALSE. Answer TRUE if the statement is true. II Angelina sued Armando before the Regional Trial Court (RTC) of Manila to recover the ownership and possession of two parcels of land. c. The One-Day Examination of Witness Rule abbreviates court proceedings by having a witness fully examined in only one day during trial. (3%) NOTHING FOLLOWS. b. Under the doctrine of adoptive admission.

(3%) and c. The information alleges. Esq. . 3019 (Anti-Graft and Corrupt Practices Act).. Republic Act No. Appended to the complaint is Amorsolo's verification and certification of non-forum shopping executed in New York City. The RTC does not have jurisdiction over the subject matter of the action involving real property with an assessed value of P19. Lipa City.property. Mayor and Treasurer. respectively. that the two conspired in the purchase of several units of computer through personal canvass instead of a public bidding.700. (2%) b. Samuel was also indicted under the amended information. Leyte. the accused moved for reinvestigation of the charge. After reinvestigation. Before arraignment. Joseph Brown.00. of the Municipality of San Miguel. which the court granted. located in Barangay Talisay. duly notarized by Mr.700. but with an additional allegation that the accused gave unwarranted benefits to SB Enterprises owned by Samuel. The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident of the Philippines. the Office of the Special Prosecutor filed an amended information duly signed and approved by the Special Prosecutor. causing undue injury to the municipality. alleging the same delictual facts. Brigido filed a motion to dismiss the complaint on the following grounds: a. a notary public in the State of New York. among others. (3%) Rule on the foregoing grounds with reasons. authenticating that Mr. are charged before the Sandiganbayan for violation of Section 3 (e). IV Pedrito and Tomas. has an assessed value of P19.00. The verification and certification of nonforum shopping are fatally defective because there is no accompanying certification issued by the Philippine Consulate in New York. Brown is duly authorized to notarize the document. exclusive and original jurisdiction is with the Municipal Trial Court where the defendant resides.

Before Samuel was arraigned. to live with her parents. All the time she was abroad. Edmond refused to give any statement. Frank exhibited a violent temperament. nor did she hear any news about him. Gina filed a petition with the RTC of Manila to declare Frank presumptively dead. forcing Gina. he moved to quash the amended information on the ground that the officer who filed the same had no authority to do so. On July 4. . Gina met and fell in love with Willie. However. for reasons of personal safety. allegedly representing the "purchase price of the shabu. a.00. stating that it was appealing the decision to the Court of Appeals on questions of fact and law. The RTC granted Gina's petition. Resolve the motion to quash with reasons. Barely a year after the wedding. where she worked for ten consecutive years.000. Edmond was brought to the police station where he was informed of his constitutional rights. While in Singapore. Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not? (2%) b. After the presentation of the testimonial evidence. will you give due course to the OSG's Notice of Appeal? Explain. Gina found employment as a domestic helper in Singapore. As the RTC judge who granted Gina's petition. Edmond consented and also signed a receipt for the amount of P3. A year thereafter. Edmond's lawyer did not object to the testimony. the arresting officer testified and identified the documents executed and signed by Edmond. 1987 in Manila. During the investigation. (3%) V Frank and Gina were married on June 12. The Office of the Solicitor General (OSG) filed a Notice of Appeal with the RTC. the prosecutor made a formal offer of evidence which included the documents signed by Edmond. 2007. Gina had absolutely no communications with Frank. (3%) VI Arrested in a buy-bust operation. the arresting officer asked Edmond to acknowledge in writing that six (6) sachets of "shabu" were confiscated from him. so that she could marry Willie." At the trial.

Order of the RTC denying his client's Petition for Certiorari questioning the Metropolitan Trial Court's (MeTC's) denial of a motion to suspend criminal proceedings? . instead. a Friday. Atty. During the trial. How. Atty. (3%) VII Cresencio sued Dioscoro for collection of a sum of money. Cresencio moved for the issuance of a writ of execution against Dioscoro's estate to enforce his judgment claim. he filed motions for reconsideration which were denied.Edmond's lawyer objected to the admissibility of the documents for being the "fruit of the poisoned tree. The court issued the writ of execution. Judgment of the Regional Trial Court (RTC) denying his client's petition for a Writ of Habeas Data? c. directed counsel to furnish the court with the names and addresses of Dioscoro's heirs and ordered that the designated administrator of Dioscoro's estate be substituted as representative party. when and where should he pursue the appropriate remedy for each of the following: (10%) a. Cruz. Was the court's issuance of the writ of execution proper? Explain." Resolve the objection with reasons. Manananggol was served copies of numerous unfavorable judgments and orders. (2%) VIII On July 15. On July 29. 2009. the court rendered judgment in favor of Cresencio. Judgment of a Municipal Trial Court (MTC) pursuant to its delegated jurisdiction dismissing his client's application for land registration? b. When the decision had become final and executory. in turn. 2009. Order of a Family Court denying his client's petition for Habeas Corpus in relation to custody of a minor child? d. After trial. The court denied the motion to dismiss and. uniformly instructed him to appeal. then filed a motion to dismiss the action on the ground of his client's death. Dioscoro died. but after the presentation of plaintiff's evidence. 2009. He received the notices of denial of the motions for reconsideration on October 2. Dioscoro's counsel. He immediately informed his clients who.

the judge dictated the pre-trial order in the presence of the parties and their counsel. the defendant's counsel moves for the amendment of the pre-trial order to include a fifth (5th) triable issue vital to his client's defense. to the extent of P0. (2%) b.5million. but only in the amount of P0. If. Ernesto alleged that Modesto coerced him into signing the promissory note. plaintiff's counsel should move for its amendment to include a fourth (4th) triable issue which he allegedly inadvertently failedto mention when the judge dictated the order. reciting what had transpired and defining three (3) issues to be tried. In his answer with counterclaim. Resolve the two motions with reasons. (5%) X Upon termination of the pre-trial. (3%) PART II . After pre-trial. Suppose trial had already commenced and after the plaintiff's second witness had testified. Judgment of the First Division of the Court of Tax Appeals (CTA) affirming the RTC decision convicting his client for violation of the National Internal Revenue Code? IX Modesto sued Ernesto for a sum of money. Should the motion to amend be granted? Reasons. which Ernesto did not dispute.5-million. Modesto marked and identified Ernesto's promissory note. immediately upon receipt of his copy of the pre-trial order. At the pre-trial.e. Should the motion be granted over the objection of plaintiff's counsel? Reasons. Modesto filed an answer to Ernesto's counterclaim admitting that he owed Ernesto. claiming that the latter owed him P1-million. Modesto filed a motion for judgment on the pleadings. a. but that it is Modesto who really owes him P1.5-million. evidenced by a promissory note. quoted and attached to the complaint. He also marked and identified receipts covering payments he made to Ernesto. while Ernesto filed a motion for summary judgment on his counterclaim.

b. An electronic document is the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means. The filing of a motion for the reconsideration of the trial court's decision results in the abandonment of a perfected appeal. thus rendering the appeal moot and academic. the Sandiganbayan may grant petitions for the issuance of a writ of habeas corpus.XI TRUE or FALSE. Answer TRUE if the statement is true. a. (3%) XIII a. Explain your answer in not more than two (2) sentences. XII Mike was renting an apartment unit in the building owned by Jonathan. Is the CA correct? Reasons. Mike then filed a petition for review with the Court of Appeals (CA). who then filed a motion for the issuance of a writ of execution. The viatory right of a witness served with a subpoena ad testificandum refers to his right not to comply with the subpoena. which affirmed the MTC decision. Continental Chemical Corporation (CCC) filed a complaint for a sum of money . In the exercise of its original jurisdiction. Jonathan filed an ejectment suit. The accused in a criminal case has the right to avail of the various modes of discovery. shown to reflect the data accurately. The CA dismissed the petition on the ground that the sheriff had already executed the MTC decision and had ejected Mike from the premises. How can Mike stay the execution of the MTC judgment? Explain. d. The Municipal Trial Court (MTC) rendered judgment in favor of Jonathan. (2%) b. The MTC issued the writ. or FALSE if the statement is false. Mike appealed to the Regional Trial Court (RTC). c. e. When Mike failed to pay six months' rent. (5%) a.

in the presence of his sister. Outside the operating room. Betty died while undergoing emergency surgery. on deposit with the Land Bank of the Philippines. Resolve BTC's motion with reasons. will you grant the writ of possession prayed for by DPWH? Explain. CCC objected. Carla told Domingo. (3%) XIV The Republic of the Philippines. Rule on the objection with reasons. a male nurse. To substantiate its defense. The land is to be used as an extension of the national highway. (3%) b. As judge. Betty.against Barstow Trading Corporation (BTC) for the latter's failure to pay for its purchases of industrial chemicals. (3%) XV . the prosecutor sought to present Domingo as witness. At the trial of the parricide charges filed against Alberto. BTC contended that it refused to pay because CCC misrepresented that the products it sold belonged to a new line. Alberto shot his wife. Attached to the complaint is a bank certificate showing that there is. Jovito filed a motion to dismiss the complaint on the ground that there are other properties which would better serve the purpose. Then DPWH filed a motion for the issuance of a writ of possession. In its answer. a. relying on the right to avail of the modes of discovery allowed under Rule 27. BTC filed a motion to compel CCC to give a detailed list of the products' ingredients and chemical components. Blinded by extreme jealousy. to testify on what Carla told him. Carla brought Betty to the hospital. Will Jovito's motion to dismiss prosper? Explain. an amount equivalent to the assessed value of the property. when in fact they were identical with CCC's existing products. invoking confidentiality of the information sought by BTC. The defense counsel objected on the ground that Domingo's testimony is inadmissible for being hearsay. that it was Alberto who shot Betty. through the Department of Public Works and Highways (DPWH) filed with the RTC a complaint for the expropriation of the parcel of land owned by Jovito. Carla. (3%) b.

will the motion prosper? Explain your answer. Marcos and Henry both reside in Asin Road. After the prosecution had rested and made its formal offer of evidence. with the court admitting all of the prosecution evidence. Henry filed a motion to dismiss the complaint on the ground of prematurity for failure to comply with the mandatory barangay conciliation. Thereafter. Mariano. When the writ was issued. Orencio sought the issuance of a writ of execution. the other co-owners of the property. will you grant the motion to dismiss? Explain. the accused filed a demurrer to evidence with leave of court. filed with the RTC of Baguio City a complaint for annulment of sale against Henry. A criminal information is filed in court charging Anselmo with homicide. Guillermo filed a motion to dismiss the complaint because Florencio failed to implead Hernando and Inocencio. finding that the accused could not have committed the offense charged. the court granted the demurrer. Resolve the motion with reasons. (3%) b. the sheriff levied upon a parcel of land that Patricio owns. (3%) b. The prosecution was allowed to comment thereon. and a date was set for the execution sale. Marcos. Will the motion be granted? Why or why not? (3%) XVII Having obtained favorable judgment in his suit for a sum of money against Patricio. Anselmo files a motion to quash the information on the ground that no preliminary investigation was conducted. As judge. while Mariano resides in Davao City. How may Patricio prevent the sale of the property on execution? (2%) . through his attorney-in-fact.a. Florencio sued Guillermo for partition of a property they owned in common. If the prosecution files a motion for reconsideration on the ground that the court order granting the demurrer was not in accord with the law and jurisprudence. a. (3%) XVI a. Baguio City.

and should therefore bind Suzy. His wife. what can Patricio do to recover the property? Explain. Rosie and the three children contended that (1) the publication of the deed constituted constructive notice to the whole world. What is the writ of amparo? How is it distinguished from the writ of habeas corpus? (2%) c. Are Rosie and the three children correct? Explain. (2%) c. how much does he have to pay? Explain. Three years thereafter. Suzy appeared. Rosie. The deed was properly published and registered with the Office of the Register of Deeds. Distinguish the two (2) modes of appeal from the judgment of the Regional Trial Court to the Court of Appeals. claiming to be the illegitimate child of Pinoy. (3%) b.b. and three children executed a deed of extrajudicial settlement of his estate. She sought to annul the settlement alleging that she was deprived of her rightful share in the estate. and (2) Suzy's action had already prescribed. If the property is sold to a third party at the execution sale. (4%) XIX a. If Orencio is the purchaser of the property at the execution sale. What is the writ of habeas data? (1%) -NOTHING FOLLOWS- . (2%) XVIII Pinoy died without a will.

2.5% 2.II 1.5% . Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You are supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the past several months. or other establishments without being liable for trespass to dwelling? 2. What are the instances where proof of motive is not essential or required to justify conviction of an accused? Give at least 3 instances. 2. amending Presidential Proclamation No. When can a Filipino citizen residing in this country use an alias legally? Give 3 instances. Under what situations may a private person enter any dwelling. residence. 5% .5% 2.5% 3. 5% .5% . 724.BAR EXAMINATION 2006 CRIMINAL LAW CRIMINAL LAW -IMotive is essential in the determination of the commission of a crime and the liabilities of the perpetrators. 2. What are the legal grounds for detention? 2. When is an arrest by a peace officer or by a private person considered lawful? Explain. 347.III 1.5% 3.) 2.5% 2. Name at least 5 of these crimes. certain crimes are covered by the grant of amnesty. Under Presidential Proclamation No.IV 1. What are the 3 ways of committing arbitrary detention? Explain each. Enumerate the differences between pardon and amnesty. 2.

to which he filed an opposition claiming that he can no longer be suspended as he is no longer an employee of the PNB but that of the PDIC. After his arraignment.5% -VThere are at least 7 instances or situations in criminal cases wherein the accused. he was charged with malversation of public funds before the Sandiganbayan. While the 5. He filed a motion to dismiss contending he was no longer an employee of the PNB but of the PDIC. the Philippine National Bank (PNB). as Regional Bank Auditor. dela Renta was found to have manipulated certain accounts involving trust funds and time deposits of depositors. 2. then a government banking institution. another government-owned and controlled corporation. Explain whether he mayor may not be suspended. In 1982. after the PNB management unearthed many irregularities and violations of the bank's rules and regulations.VII 1. Can they apply for amnesty? 2.VI 1. either as an adult or as a minor.5% 2. he resigned and was employed by the Philippine Deposit Insurance Corporation (PDIC). After investigation. respectively. were charged with conduct unbecoming an officer and a gentleman under the Articles of War . a CPA. 5% . Enumerate at least 5 of them. In 1992.4. Is dela Renta's contention tenable? 2. In 1995. the prosecution filed a motion for his suspension pendente lite. hired Henry dela Renta.5% . Nagoya Maru was negotiating the sea route from . General Lim and General Querubin of the Scout Rangers and Philippine Marines. can apply for and/or be granted a suspended sentence.5.

Cagayan. The response was prompt and overwhelming so much so that Commissioner Torres' office was overcrowded with rice cookers. Her staff also received several envelopes containing cash money for the employees' Christmas luncheon. the crew found that a robbery took place. Supposing that while the robbery was taking place. 2. radio sets. committed? . passed by and took advantage of the situation. Cagayan. Due to exhaustion. What crime was Explain.5% . the culprits stabbed a member of the crew while sleeping. What crime was Explain. While the ship was anchored.5% committed? 2.Hongkong towards Manila. and while still 300 miles from Aparri. The Captain ordered the ship to stop for emergency repairs lasting for almost 15 hours.VIII Commissioner Marian Torres of the Bureau of Internal Revenue (BIR) wrote solicitation letters addressed to the Filipino-Chinese Chamber of Commerce and Industry and to certain CEOs of various multinational corporations requesting donations of gifts for her office Christmas party. the officers and crew fell asleep. freezers. electric stoves and toasters. They radioed the Aparri Port Authorities resulting in the apprehension of the culprits. At daybreak. 2. She used the Bureau's official stationery. a motorboat manned by renegade Ybanags from Claveria. Then they left hurriedly towards Aparri. its engines malfunctioned. They cut the ship's engines and took away several heavy crates of electrical equipment and loaded them in their motorboat.

felt that his retirement at the age of 70 gave him the opportunity to engage in his favorite pastime voyeurism. Emil and Louie took Luke to the seashore of Dagat-dagatan where they smashed his head with a shovel and buried him in the sand. the fishpond caretakers. Andy. One day. asking them to hide Luke in their shack because he was running from the NBI. The trio then left in Mario's car for Manila where they called up Luke's family and threatened them to kill Luke unless they give a ransom within 24 hours.IX Eduardo Quintos. because of a leak. Unknown to them. However. a widower for the past 10 years. they seized him and loaded him in a taxi driven by Mario. One afternoon. If not using his high-powered binoculars to peep at his neighbor's homes and domestic activities. Upon interrogation. they were seen by a barangay kagawad who arrested them and brought them to the police station. laborers in the noodles factory of Luke Tan. While ascending the stairs. She screamed and shouted for help. Eduardo was arrested and charged with acts of lasciviousness. agreed to kill him due to his arrogance and miserliness. placed his hand on her left hip and gently massaged it. Emil and Louie heard the broadcast and panicked. his second choice was to follow sweet young girls.Has Commissioner Torres committed any impropriety or irregularity? What laws or decrees did she violate? 5% . Andy and Jimmy. he trailed a teenage girl up to the LRT station at EDSA-Buendia. Jimmy and Mario . they confessed and pointed to Jaime. especially when the announcer stated that there is a shoot-to-kill order for the kidnappers. the kidnapping was announced over the radio and TV. Is the designation of the crime correct? 5% -XJaime. he stayed one step behind her and in a moment of bravado. They told Mario they will only teach Luke a lesson in Christian humility. Mario drove them to a fishpond in Navotas where Luke was entrusted to Emil and Louie.

The incident was reported to the police who arrested Ana and Oniok. So.XI Ana has been a bar girl/GRO at a beer house for more than 2 years. an inquisitive neighbor saw them and with the help of others. What crime or crimes did the 6 suspects commit? 5% . they placed the infant in a shoe box and threw it into a nearby creek. Because of their constant and bitter quarrels. However. but she refused. the 4 were arrested and charged. Six months thereafter. Was the conviction correct? 5% . went home to Cebu to conceal her shame. she returned to Manila and stayed with Oniok in his boarding house. After trial. they were convicted of the crime charged. Hence. 1995. But Ana did not inform him about her condition and. The 2 were charged with parricide under Article 246 of the Revised Penal Code. claiming lack of jurisdiction over his person and office. the bartender. Forthwith. who impregnated her. already in an advanced state. Oniok tried to persuade her to undergo an abortion. Upon learning of her pregnancy. she suffered birth pangs and gave birth prematurely to a live baby girl while Oniok was at his place of work. Upon coming home and learning what happened. retrieved the infant who was already dead from drowning. Later. he filed separate motions to dismiss the complaint for acts of lasciviousness and petition for disbarment. . instead.XII Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy Ombudsman for the Visayas for a term of 7 years commencing on July 5. her parents drove her away. a lady stenographer filed with the Office of the Ombudsman a complaint for acts of lasciviousness and with the Supreme Court a petition for disbarment against him.as those responsible for the kidnapping. She fell in love with Oniok. he prevailed upon Ana to conceal her dishonor. However.

XV 7. <="" p="" style="font-size: 14px.5% 6. 3. Lyn was never seen again. Will Nonoy's minority exculpate him? 2. Dang.5% . font-family: arial. the prosecution failed to present any receipt to substantiate the heirs' claim for an award of actual damages. color: rgb(0. This angered Job. Then the duo drove away. a rich classmate. After satisfying their lust. 0.5% 5. Is the non-recovery of Lyn's body material to the criminal 2. They brought them in an abandoned warehouse where they forced them to dance naked. was so enamored with her that he persistently wooed and pursued her. Sometime in September 2003. What penalties should be imposed on them? 2. being in love with another man. Thereafter. rejected him.XIII Dang was a beauty queen in a university. text-decoration: none. they brought them to a hill in a nearby barangay where they took turns raping them. resulting in her death."> .5% 4.XIV In a crime of homicide. while Dang and her sister Lyn were on their way home. Job ordered Nonoy to push Dang down a ravine. Lyn ran away but Job and Nonoy chased her and pushed her inside the van. such as expenses for the wake and burial. Job and his minor friend Nonoy grabbed them and pushed them inside a white van. verdana. What crime or crimes were committed by Job and Nonoy? 2. 128).Are both motions meritorious? 5% . What kind of damages may the trial court award to them and how much? 5% . Job.

2. What are their liabilities? 5% respective criminal . They then told Ong to alight from the car. the attaché case yielded 5 plastic bags of heroin weighing 500 grams. PNP Chief Inspector Samuel Gamboa formed a group of anti-drug agents. was arriving on PAL Flight No. All of them were later charged. what will be your ruling? 2.5% . On the way to Camp Crame and upon nearing White Plains corner Edsa. a notorious drug smuggler. their liability should be limited only to the newly-cut logs found in their possession but not to those found outside the gate. Rene and Dante contended that if they were to be held liable. Chief Inspector Gamboa advised him to keep silent and go home which the latter did. When Ong arrived at the airport. Meanwhile. Unknown to them. Chief Inspector Gamboa ordered PO3 Lorbes to stop the car.5% During the preliminary investigation and up to the trial proper. They arrested Chief Inspector Gamboa and PO3 Lorbes.What is that offense? Explain. another NBI team followed Ong and likewise arrested him. an NBI team of agents had been following them and witnessed the transaction. They brought out the drugs from the case in the trunk and got 3 plastic sacks of heroin. Chief Inspector Gamboa took the attaché case and boarded him in an unmarked car driven by PO3 Pepito Lorbes. If you were the judge.XVI After receiving a reliable information that Dante Ong. Upon inspection inside the Immigration holding area. Ong left with the 2 remaining plastic sacks of heroin. the group arrested him and seized his attaché case. PR 181.XVII - .

At that precise time. BAR EXAMINATION 2007 CRIMINAL LAW I. Anastacio agreed. Mang Juan insisted and brought Annie to his house to work as a maid. What crime can Anastacio be charged with. her eldest son.00 to complete his semestral tuition fees preparatory to his final exams in Commerce. Was a crime committed by Mang Juan when he brought Annie to his house as maid for the purpose of repaying her mother's loan? 2.000. if any? Explain your answer.000. If Aling Maria herself was made to work as a housemaid in Mang Juan's household to pay her loan. (10%) Tiburcio asked Anastacio to join their group for a "session". the place was raided by the police. . Upon reaching Tiburcio’s house. Mang Juan told Aling Maria that she does not have to pay the loan if she will allow her youngest 10-year old daughter Annie to work as a housemaid in his house for 2 months at P1.00 a month. and Anastacio was among those arrested.Aling Maria received an urgent telephone call from Junior. did he commit a crime? 2. Two months lapsed but Aling Maria failed to settle her obligation. 8. Despite Aling Maria's objection. (10%) What are the penalties that may be served simultaneously? II. asking for P2.5% NOTHING FOLLOWS.5% 9. Distressed and disturbed. she borrowed money from her compadre Mang Juan with the assurance to pay him within 2 months. Anastacio discovered that it was actually a shabu session. Thinking that it was for a mahjong session.

hitting a pedestrian which resulted in the latter’s death. and Ken. but were unable to get any money from the vault because the same was protected by a time-delay mechanism. Distinguish between an accomplice and a conspirator. While serving his sentenced. After they dashed out of the bank and rushed into the car. his wife. a. to help them rob a bank. What crime or crimes did Jervis.000 in cash.III. a security guard. (10%) a. (10%) Jervis and Marlon asked their friend. Jonathan pulled the car out of the curb. V. arrived home late one night after rendering overtime. his best friend. conformably with Article 247 of the Revised Penal Code. Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer. b. They contented themselves with the customer’s cellphones and a total of P5. Jervis and Marlon went inside the bank. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50. Marlon and Jonathan commit? Explain your answer. . Macky entered the prohibited area and had a pot session with Ivy (Joy’s sister).000. The court found that Ken died under exceptional circumtances and exonerated Macky of murder but sentenced him to destierro. What are the three (3) classes of offender in the crime of qualified seduction? Give an example of each. in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken. Jonathan. He was shocked to see Joy. (10%) Macky. b. IV. Is Macky entitled to an indeterminate sentence in case he is found guilty of the use of prohibited substances? Explain your answer.

Fe made it appear that the rice mill was earning less than it actually was by writing in a "talaan" or ledger a figure lower than what was collected and paid by their customers. Eddie thereupon authorized the conduct of a "treatment" calculated to drive the spirit from the boy’s body. What crime/s did Fe commit. If you are appellate court Justice. Rafael fired his gun into air to scare them off. ricocheted and then hit one of the stage crew members. If any? Explain your answer.VI. Fe then pocketed the difference. would you sustain the conviction upon appeal? Explain your answer. What crime/s did Rafael commit? Explain your answer. Rafael Padilla {a security guard} pointed his gun at the onrush of people. (10%) During a concert of Gary V. IX. the bullet hit one of the metal roof supports. However. In order to support a gambling debt. and in order to prevent the crowd from rushing to the stage." He was diagnosed by the faithhealer as being possessed by an evil spirit. (10%) What are the different acts of inciting to sedition? VII. VIII (10%) Fe is the manager of a rice mill in Bulacan. the procedure conducted resulted in the boy’s death. The faithhealer and tree others who were part of the healing ritual were charged with murder and convicted by the lower court. (10%) . X. When the crowd still pushed forward. Unfortunately. (10%) Eddie brought his son Randy to a local faithhealer known as "Mother Himala. causing injuries which resulted in the latter’s confinement in a hospital for twelve days.

but Paolo ignored him. a. When Pinky refused to pay her rental.Pinky was a lessee of a market stall owned by Giovanni. ( 4% ) b. ( 4% ) III Olimpio caught a cold and was running a fever. Do not open it or else something may happen to you. killing the tricycle driver. CRIMINAL LAW 2008 I a. if any? Explain. To prevent his car from being carnapped. Carlos tried to stop Paolo by shouting at him. NOTHING FOLLOWS." What crime/s did Giovanni commit. May the military officers be criminally charged in court with enforced disappearance and extralegal killing? Explain fully. and the pharmacist sold him three(3) tablets. (3%) b. One hour later. if any? Explain your answer. Olimpio went to a drug store with the prescription. the court granted the petition. Are human rights violations considered as crimes in the Philippines? Explain. Carlos drew his gun. What is the criminal liability of Paolo. Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this warning: "We have closed this portion of the door. After due hearing on a petition for a writ of amparo founded on the acts of enforced disappearance and extralegal killing of the son of the complainant allegedly done by the respondent military officers. His doctor prescribed paracetamol. ( 3% ) II While Carlos was approaching his car. if any? Explain. he took a tablet. he . The shot blew the tire which caused the car to veer out of control and collide with an oncoming tricycle. he saw it being driven away by Paolo. aimed at the rear wheel of the car and fired. What is the criminal liability of Carlos. a thief. Upon arriving home.

He likewise confided to Domeng his desire to borrow his revolver. he went to a nearest police station to seek help in finding the owner of the bag. If any? Explain. Domeng lent it.had a seizure and died. Knowing that it was not his. The autopsy showed that the tablet he had taken was not paracetamol but a pill to which he was allergic. Domeng went to Mindanao. What is the criminal liability of Eman.000. "in case you don't find the owner let's just pawn straight to the pawnshop and pawned the ring for P50. They renewed their friendship and finally decided to get married. The mayor gave Domeng P5. Eunice. Will the case prosper? Explain. The mayor was later charged as an accessory to Cece's murder. The first wife. a vagrant. The pharmacist was charged with murder. Can he be held liable for any other offense? Explain fully. Can he be held liable for the charge? Explain. ( 4% ) . Is the charge proper? If not. ( 6% ) IV Manolo revealed to his friend Domeng his desire to kill Cece.00 and told him to proceed to Mindanao to hide. what should it be? Explain. a. In the investigation Eman proposed to PO1 Melvin. Manolo shot Cece in Manila with Domeng's revolver. What is the criminal liability of PO1 Melvin. ( 3% ) b.000. found a bag containing identification cards and a diamond ring along Roxas Blvd. heard about the marriage and secures a copy of the marriage contract in New York. ( 3% ) V Eman. a. a. Eunice filed a case of Bigamy against Hubert in the Philippines.Domeng asked Mayor Tan to help him escape. As his gun was used in the killing. ( 4 % ) b. Hubert took graduate studies in New York and met his former girlfriend Eula. At the precint PO1 Melvin attended to him.00 Eman never saw PO1 Melvin again. is any? Explain ( 3% ) VI Hubert and Eunice were married in the Philippines.

Myla failed to pay the rent for 3months. After their apprehension. If Eunice gave her consent to the second marriage. Gabriel . The agreement was shoot each other in the head which they did. Can Gabriel invoke his relationship with Dennis to avoid criminal liability? Explain. Joan died. ( 3% ) VIII Francis and Joan were sweethearts. Is Francis criminally liable for the death of Joan? Explain. They forged a pact in writing to commit suicide. while cruising off Batanes. ( 3% ) . fired a bazooka at the bow of the vessel. the son of Dennis. Was the charge of qualified piracy against the three person ( Max. prepared a demand letter falsely alleging that his father had authorized him to collect the unpaid rentals. While anchored in said harbor. but their parents had objected to their relationship because they were first cousins. Was Dodong correctly charged before the Philippine court for qualified piracy? Explain. a. Due to medical assistance. Max.b.000 a month. Did Gabriel commit a crime? Explain. A passenger of M/V Viva Lines I. and killed him. ( 3% ) b. Francis survived. boarded it and divested the passengers of their money and jewelry. ( 3% ) VII The inter-island vessel M/V Viva Lines I. Dodong advantage of the confusion to settle an old grudge with another passenger. Baldo and Bogart arrived in a speedboat. Taiwan because of a strong typhoon. ( 5% ) IX Dennis leased his apartment to Myla for P10. all four were charged with qualified piracy before a Philippine court. what will your answer be? Explain. a. ( 4% ) b. Myla paid the unpaid rentals to Gabriel who kept the payment. was forced to seek shelter at the harbor of Kaoshiung. Badong and Bogart ) who boarded the inter-island vessel correct? Explain.

After going over the list. He was further asked if any of them is innocent. Pedro complied. Is Ricky criminally liable? Explain. the mail carrier forged the signatures of the payees on the money order and encashed them. Ricky pointed to two of the policemen as honest. Lucas and his friend Pedro gained entry into the masters' bedroom with the used of a false key. Later. They found Julia's jewelry box in one of the cabinets which was unlocked. Raissa decided to wed Juan. the couple were married by the mayor.X Upon opening a letter containing 17 money orders. Who had no inkling that she was married. in the application. In due time. Raissa declared. Raissa and Juan had their first sexual intercourse later in the evening. One Night. pointing a gun at them. ( 6% ) XI Ricky was reviewing for the bar exam when the commander of a vigilante group came to him and showed him a list of five policemen to be liquidated by them for graft and corruption. did Raissa commit? Explain briefly. if any. the vigilante group liquidated the three other policemen in the list. ( 7% ) XIII Lucas had been the stay-in houseboy of spouses Nestor and Julia for Five Years. Pedro took the box and left the bedroom with Lucas. the box was empty. Raissa and Juan accomplished an application for marriage license which they subscribed and swore to before the Local Civil Registrar. ( 7% ) XII Raissa and Martin are married to each other but had been separated for the last five years. Nestor ordered them to stop and hand over the box. It turned out that Nestor had . her suitor. Lucas believed that Julia's jewelry inside the box. Unknown to Lucas and Pedro. What crime or crimes did the mail carrier commit? Explain briefly. The marriage licensed was issued. What crime or crimes. that she is single. They were shock when they saw Nestor in the sala. The commander of the vigilante group reported the liquidation to Ricky. while Nestor and Julia were out having dinner.

the crime or crimes. Myrna reneged on her promise. Gonzalo . arrived at Antonio's home and hurled a grenade inti an open window of the bedroom where Antonio. who promised to repay the amount within two months. the leader of a crime syndicate in Malate. the crime or crimes that had been committed as well as the aggravating circumstances. a government-owned or controlled corporation with an original charter. a. with interest thereon. With the monthly payment. Manila. at round 3:00 in the morning. the representative of the corporation failed to attend the auction sale. a member of the criminal syndicate.000 which he paid to Eliseo. his wife and their three year-old daughter were sleeping. ( 4% ) b. State. Eliseo failed to remit the said amount. of P10. State with reasons.just arrived in time to see Lucas and Pedro leaving the master's bedroom with the box. the deputy sheriff. the syndicate would provide protection to Antonio. Roger assured. committed by Eliseo. Antonio refused to pay the protection money.000 a month as "protection money". Eliseo lent the amount to Myrna. Should Antonio refuse. if any. Roger warned. the crime or crimes. the motel owner would either be killed or his establishment destroyed. ( 3% ) XV Roger. Lucas and Pedro committed. his officemate. State with reasons. the owner of a motel in that area. and his employees. ( 7% ) XIV Eliseo.(7%) . with reason. demanded the payment by Antonio. conducted the execution sale of the property of Andres to satisfy the judgment against him in favor of ABC Corporation. the winning bidder. if any. Would your answer to the first question be the same if ABC Corporattion were a private corporation? Explain. if any. attendant thereto. purchased property for P100. Mauro. Instead of remitting the amount to the Clerk of Court as ex-officio Provincial Sheriff. All three of them were killed instantly when the grenade exploded. However. his business. Despite demands of ABC Corporation. Days later. However.

(4%) III . II Antero Makabayan was convicted of the crime of Rebellion. he escaped from jail. the President of the Philippines issued an amnesty proclamation for the offense of Rebellion. enters a private house over the owner’s opposition is guilty of trespass to dwelling. The use of an unlicensed firearm in homicide is considered a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. Antero applied for and was granted the benefit of the amnesty proclamation. d. he was charged with. A policeman who. is a recidivist. convicted of homicide. and one year thereafter. Captured. will you grant the petition? Discuss fully. e. c. Antero then filed a petition for habeas corpus. Thereafter. (5%) a. As judge. While serving sentence. and convicted of. without a judicial order. The creditor who resorts to forced labor of a child under the pretext of reimbursing himself for the debt incurred by the child’s father commits the crime of slavery. on the occasion of a robbery. Answer TRUE if the statement is true. A person who. kills a bystander by accident is liable for two separate crimes: robbery and reckless imprudence resulting in homicide. Explain your answer in not more than two (2) sentences.NOTHING FOLLOWS. He claims that the amnesty extends to the offense of Evasion of Service of Sentence. CRIMINAL LAW 2009 PART I I TRUE or FALSE. Evasion of Service of Sentence. praying for his immediate release from confinement. convicted of rape but granted an absolute pardon by the President. b. Amado. or FALSE if the statement is false.

Because Ruben also resented Freddie. Charlie intended to use the poison on Brad.Rigoberto gate-crashed the 71 birthday party of Judge Lorenzo. Upon investigation. The veterinarian mistakenly gave Charlie a nontoxic powder which. pagkabaril mo kay Freddie. Charlie’s girlfriend. a. Ponciano killed Freddie. but used a knife because he did not want Freddie’s neighbors to hear the gunshot. isauli mo kaagad. two years earlier. Charlie went to a veterinarian and asked for some poison on the pretext that it would be used to kill a very sick. did not kill Brad. what and why? If not. if any. saying that he would use it to kill Freddie. because the latter was assiduously courting Lily. Would your answer be the same if the reason for the attack was that when Judge Lorenzo was still a practicing lawyer ten years ago. it appeared that Rigoberto had a grudge against Judge Lorenzo who. Would your answer be the same if Brad proved to be allergic to the powder. had cited Rigoberto in contempt and ordered his imprisonment for three (3) days. is the liability of Ruben? Explain. he readily lent his gun. Armed with a piece of wood commonly known as dos por dos. (3%) IV Charlie hated his classmate. fell ill and was hospitalized for ten (10) days? Explain. ha. why not? (3%) b. (3%) V Ponciano borrowed Ruben’s gun. old dog. and after ingesting it with his food. a. he prosecuted Rigoberto and succeeded in sending him to jail for one year? Explain your answer. when mixed with Brad’s food. Actually. but told Ponciano: "O. Brad. causing the latter’s hospitalization for 30 days." Later. Did Charlie commit any crime? If so. a. Rigoberto hit Judge Lorenzo on the back. What. (3%) st . Is Rigoberto guilty of Direct Assault? Why or why not? (3%) b.

Charina demurred to the second information.000. in his official capacity. In consideration therefor. Dominador witnessed the entire incident. 1980. present. instead of Freddie. Dominador. (3%) VII Charina. reported the matter to the police. (3%) VIII While Alfredo. 1960. promised the plaintiff in a case pending before the court that she would convince the Presiding Judge to decide the case in plaintiff’s favor. After investigation. Would your answer be the same if. Is Baldo’s contention correct? Explain. Charina was charged with violation of Section 3 (b) of Republic Act No. prohibiting any public officer from directly or indirectly requesting or receiving any gift. and Domingo were robbing a bank. Is Charina correct? Explain. a relative of Ruben. While the case was being tried. has to intervene under the law. the Ombudsman filed another information against Charina for Indirect Bribery under the Revised Penal Code. On January 2. Charged in court. on January 2. it was Manuel. Baldo claims that the crime he committed had already prescribed. (3%) VI Baldo killed Conrad in a dark corner. but he was so scared to tell the authorities about it. A firefight . the plaintiff gave Charina P20. 1970. the police finally arrested Baldo on January 6.A. Ciriaco. 3019.00. Clerk of Court of an RTC Branch. 3019. or benefit in connection with any contract or transaction x x x wherein the public officer.b. policemen arrived. percentage. claiming that she can no longer be charged under the Revised Penal Code having been charged for the same act under R. at midnight. who was killed by Ponciano using Ruben’s gun? Explain. Braulio. bothered by his conscience.

a detention prisoner. Chito asked the RTC Branch Clerk of Court to issue an Order which would allow the two prisoners to be brought out of jail. Ciriaco and Domingo? Explain. and there. Suppose in the course of the robbery. and Daday. Suppose it was Alfredo who was killed by the responding policemen. what charges can be filed against Braulio. (3%) b. Daday was told to remain in the van and take care of Jeremias until the ransom is paid. Virgilio instructed him to tell Jeremias’ parents that unless they give a ransom of P10-million within two (2) days. Virgilio then drove the van to his safehouse. At first. What crime or crimes. Ciriaco and Domingo? Explain. she consented. Before Juanito was allowed to go.00.ensued between the bank robbers and the responding policemen. What crime or crimes. before the policemen arrived. a. Jeremias would be beheaded. stopped a van along a major thoroughfare in Manila. She forged the judge’s signature. Inside the van were Jeremias. if any. ostensibly as witnesses in a pending case. (2%) IX Virgilio. She then prepared an Order requiring the appearance in court of Willy and Vincent. and one of the policemen was killed. and delivered the . Braulio shot and killed Alfredo following a heated disagreement on who should carry the money bags.000. who is serving sentence for homicide. if any. Virgilio told Juanito to drive to a deserted place. ordered the driver to alight. and his cousin Vincent. pointed the gun at the driver and shouted: "Tigil! Kidnap ito!" Terrified. what would be the criminal liability of Braulio. the Clerk refused. had been committed? Explain. but when Chito gave her P50. (2%) c. stopped the van and allowed Virgilio to board. son of a multimillionaire. a 6-year-old child. the child’s nanny. (5%) X To secure the release of his brother Willy. Juanito. did Virgilio commit? Explain. armed with a gun. the driver.

truth is an absolute defense. c. Edwin. Explain your answer in not more than two (2) sentences. the trial court appreciated two (2) mitigating circumstances and one (1) aggravating . had been committed by Chito. In the crime of libel.00 to leave the two inmates unguarded for three minutes and provide them with an opportunity to escape. it must be shown that he has knowledge of the identities of the culprits involved in the commission of the predicate crimes. and the jail warden? Explain your answer. Edwin. as amended). In a prosecution for fencing under P. (5%) a. For a person who transacts an instrument representing the proceeds of a covered unlawful activity to be liable under the Anti-Money Laundering Act (R. if any. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable under the Revised Penal Code.000. What crime or crimes. allowed Willy and Vincent to go out of jail in the company of an armed escort. In a conviction for homicide. in turn. Willy. 1612.D. XII a. 9160. (5%) PART II XI TRUE or FALSE. Willy and Vincent were able to escape. Answer TRUE if the statement is true. or FALSE if the statement is false. Vincent. it is a complete defense for the accused to prove that he had no knowledge that the goods or articles found in his possession had been the subject of robbery.Order to the jail warden who.A. Chito also gave Edwin P50. Life imprisonment is a penalty more favorable to the convict than reclusion perpetua. b. Thus. d. e. the Branch Clerk of Court.

determine the appropriate penalty to be imposed. (4%) XIV Following his arrest after a valid buy-bust operation. computed monthly. Applying the Indeterminate Sentence Law. an imprisonment term of twelve (12) years and one (1) day to twenty (20) years. and guaranteed by post-dated checks. Angelo vanished. the prescribed penalty of which is also imprisonment for a term of twelve (12) years and one (1) day to twenty (20) years? Why or why not? (3%) XIII Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing their money upon a promise of a capital return of 25%. Angelo contends that he committed a continued crime. (3%) b. or delito continuado. On appeal. Tommy was convicted of violation of Section 5. a. Republic Act 9165. Tommy questioned the admissibility of the evidence because the police officers who conducted the buy-bust operation failed to observe the requisite "chain of custody" of the evidence confiscated and/or seized from him. hence. but thereafter. In his motion to quash. What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the effect of failure to observe the requirement? (3%) XV . Homicide under Article 249 of the Revised Penal Code is punishable byreclusion temporal. What is delito continuado? (1%) b. Will your answer be the same if it is a conviction for illegal possession of drugs under R. Explain. During the first two months following the investment. Is Angelo’s contention tenable? Explain. he committed only one count of estafa and one count of violation of BP 22.000 counts of violation of Batas Pambansa (BP) 22. the investors received their profits. 9165 (Dangerous Drugs Act of 2002).circumstance. Angelo was charged with 500 counts of estafa and 2.A.

would he be eligible for probation under Presidential Decree (PD) 968. when everyone in the house was asleep. (2%) XVI Roger and Jessie. What is intervention or diversion? Is Joe entitled to intervention or diversion? Explain. Wenceslao entered Loretta’s room with the use of a picklock. should the judge apply the suspension of sentence? Explain. The crime is punishable by reclusion temporal. Records show that the amount of P2-million was purportedly used as financial assistance for a rice production livelihood project. he was arrested and appropriately charged in May 2007. are nonexistent individuals. Municipal Mayor and Treasurer. 3019 for causing undue injury to the government. Suppose Joe’s motion for intervention or diversion was denied.Joe was 17 years old when he committed homicide in 2005. Upon investigation. (4%) XVII Wenceslao and Loretta were staying in the same boarding house. with force and . however. Explain. Discuss the propriety of the charges filed against Roger and Jessie. (3%) b. it was found that Roger and Jessie falsified the disbursement vouchers and supporting documents in order to make it appear that qualified recipients who. caused the disbursement of public funds allocated for their local development programs for 2008. After two years in hiding. Joe moved to avail of the process of intervention or diversion. received the money. Then. in fact. considering that the death penalty is imposable for the consummated felony? Explain.A. Roger and Jessie are charged with malversation through falsification and violation of Section 3 (e) of R. respectively. of San Rafael. a. Since Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) was already in effect. One late evening. occupying different rooms. Leyte. (2%) c. Suppose Joe was convicted of attempted murder with a special aggravating circumstance and was denied suspension of sentence. and he was convicted two (2) years later when Joe was already 21 years old.

entered the ICU. It turned out that the patient was Larry. nocturnity and the use of the picklock to enter the room of the victim. Incensed. despite the serious stab wounds she sustained. before leaving the room. Discuss the propriety of the charge. if any. Evelyn protested. What crime or crimes. (4%) . Delmo was charged with frustrated murder. After he had satisfied his lust. Discuss the applicability of the relevant aggravating circumstances of dwelling. (3%) XIX Delmo learned that his enemy. did Wenceslao commit? Explain. qualified by evident premeditation and treachery as aggravating circumstances. did Leoncio commit? Explain. a. if any. Delmo disconnected the tubes and left. What crime or crimes. took her jewelry. (3%) b. (4%) b. Wenceslao stabbed Loretta to death and. was confined at the Intensive Care Unit (ICU) of the Philippine Medical Center. Would your answer to [a] be the same if.violence. the resident physician doing his rounds entered the ICU and. rubbing his private parts on Evelyn’s buttocks? Explain. but Leoncio continued and tightly embraced her. seeing the disconnected tubes. and saw a man lying on the hospital bed with several life-saving tubes attached to the body. Leoncio continued to dance dirty. Would your answer be the same if. (3%) c. The patient survived. replaced them. even after the music had stopped. as Oscar had been discharged from the hospital earlier. Wenceslao ravished Loretta. Delmo disguised himself as a nurse. Leoncio dipped his private parts in Evelyn’s buttocks. Loretta survived? Explain. Intending to kill Oscar. While gyrating with their bodies. a. Leoncio and Evelyn were intimately dancing a very seductive dance number. Oscar. Later. (3%) XVIII At the Maligaya Disco Club.

Is Jun liable to Marie? 5% 2. his secretary. As his usual practice. Eventually. When Marie encashed the check. She accepted the check in good faith as payment for goods she delivered to Ruth.III Jun was about to leave for a business trip.5% 4. He has never been charged or convicted .IV Rudy is jobless but is reputed to be a jueteng operator. is Jun liable to Marie if the check is dishonored? 5% . placed P30. Ruth filled one check with her name as payee. it was dishonored. What is the doctrine of "piercing the veil of corporate entity?" Explain 2. 1. endorsed and delivered it to Marie. to fill them as payment for his obligations.BAR EXAMINATION 2006 MERCANTILE LAW MERCANTILE LAW -I1. endorsed and delibvered it to Marie in payment for the goods he purchased from her. 5% .5% 3. Immediately he directed the drawee bank to dishonor the check. Must all incorporators and directors be residents of the Philippines? 2.II Discuss the legal consequences when a bank honors a forged check. Supposing the check was stolen while in Ruth's possession and a thief filled the blank check. To what circumstances will the doctrine apply? 2. What is the minimum and maximum number of incorporators required to incorporate a stock corporation? is this also the same minimum and maximum number of dicrectors required in a stock corporation? 2.00 thereon.5% 2. Ruth regretted what she did and apologized to Jun. he signed several blank checks. He instructed Ruth.000.5% .

5% 2. However. In several policy addresses extensively covered by media since his appointment on December 21. be compelled to transfer to the buyer ownership of the houses and lots? 2. Despite demands. Five months after the issuance of the policy. the bank disclosed to it Rudy's bank deposits amounting to P100 Million.00 payable in 6 months. Can Francis recover from the Peninsula Insurance Company? 5% . Panganiban vowed to leave a judiciary characterized by "four Ins" and to . The policy was issued with the premium fixed at P60. he failed to pay the subsequent installments. Can Luansing Realty. he was charged in court for violation of the Anti-Money Laundering Law. Supposing the titles of the houses and lots are in possession of the Luansing Realty I Inc. the company reported his purchases to the Anti-Money Laundering Council (AMLC).5% -VThe Peninsula Insurance Company offered to insure Francis' brand new car against all risks in the sum of P1 Million for 1 year. He maintains several bank accounts and has purchased 5 houses and lots for his children from the Luansing Realty I Inc. In disclosing Rudy's bank accout:)ts to the AMLC. the vehicle was carnapped. Francis only paid the first two months installments. did the bank violate any law? 2. 1. 2005. Can Rudy move to dismiss the case on the ground that he has no criminal record? 2. Chief Justice Artemio V.5% 3. the company denied his claim on the ground that he failed to pay the premium resulting in the cancellation of the policy. To raise funds for his defense. Rudy sold the houses and lots to a friend. Upon request of the AMLC.VI 1.. Since he does not have any visible job. Inc. Thereafter. is it under obligation to deliver the titles to Rudy? 2. Subsequently. AMLC charged him with violation of the Anti-Money Laundering Law.5% 4.000. Francis filed with the insurance company a claim for its value.of any crime.

2. The Chief Justice also said that the judiciary must "safeguard the liberty" and "nurture the prosperity" of our people.focus in solving the "four ACID" problems that corrode the administration of justice in our country. Explain this "four Ins" and "four ACID" problems. Distinguish between the role of a conservator and that of a receiver of a bank.5% . 2. Explain this philosophy. The loan officer told her that her application will not be approved because the grant of loans to related interests of bank directors. 2.5% 2. 5% .5% 2. Finding the petition sufficient in form and substance. the court issued an Order appointing a rehabilitation receiver and staying the enforcement of all claims against the corporation. What is the rationale for the Stay Order? 5% -X1. What acts or omissions are penalized under the Trust Receipts Law? 2.IX The Blue Star Corporation filed with the Regional Trial Court a petition for rehabilitation on the ground that it foresaw the impossibility of paying its obligations as they fall due. and stockholders is prohibited by the General Banking Law. His wife applied for a loan with the said bank to finance an internet cafe. What is a mutual insurance company or association? 2.VII 1. Cite Decisions of the Supreme Court implementing each of these twin beacons of the Chief Justice. officers.VIII Pio is the president of Western Bank. Explain whether the loan officer is correct.5% .5% .

government official.5% . Liza quoted without permission a labor law expert's comment appearing in his book entitled "Annotations on the Labor Code. Is the IPO's action correct? 5% ." Can the labor law expert hold Liza liable for infringement of copyright for quoting a portion of his book without his permission? 5% .XI Under Republic Act No. In what instance maya mortgagee extrajudicially foreclose a real estate mortgage? 5% .XIII Supposing Albert Einstein were alive today and he filed with the Intellectual Property Office (IPO) an application for patent for his theory of relativity expressed in the formula E=mc2. Is lack of intent to defraud a bar to the prosecution of these acts or omissions? 2. bank deposits are considered absolutely confidential and may not be examined. The IPO disapproved Einstein's application on the ground that his theory of relativity is not patentable.XII 1. inquired or looked into by any person.XIV In a written legal opinion for a client on the difference between apprenticeship and learnership.2.XVI - . bureau or office. What are the exceptions? 5% .XV A real estate mortgage may be foreclosed judicially or extrajudicially.1405 (The Bank Secrecy Law). Is the Securities and Exchange Commission the venue for actions involving intra-corporate controversies? 2% .

issued a negotiable warehouse receipt wherein the goods were deliverable to Alex or order.Pursuant to a writ of execution issued by the Regional Trial Court in "Express Bank v. Don Rubio." the sheriff levied and sold at public auction 8 photocopying machines of Don Rubio. who accepted it in good faith and for value. To whom should the warehouseman deliver the goods upon demand? b. Would you answer be the same if the warehouseman issued a non-negotiable warehouse receipt III. Is the sheriff's sale covered by the Bulk Sales Law? 5% NOTHING FOLLOWS. (10%) R issued a check for P1M which he used to pay S for killing his political enemy. may R be held secondarily liable by T? Reason briefly in (a). a. They use a special instant messaging service which allows them to see one another's typing on their own screen as each letter key is pressed. have a cause of action against R in case of dishonor by the drawee bank? c. Thereafter. Alex negotiated the receipt to Caloy. (10%) Alex deposited goods for which Billy. If S negotiated the check to T. II. . (b) and (c). Can the check be considered a negotiable instrument? b. Dario. (5%) Diana and Piolo are famous personalities in showbusiness who kept their love affair secret. BAR EXAMINATION 2007 MERCANTILE LAW I. a. Does S. a creditor secured judgment against Alex and served notice of levy over the goods on the warehouseman. warehouseman.

IV. 2006. F Bank charged him with violation of the Trust Receipts Law. C was made to execute a trust receipt. 2006. a fire broke out and destroyed the building owned by Alfredo. What is a Trust Receipt? b. (b) and (c). V. found out their identities. 2006. Is Greg liable for copyright infringement? Reason briefly. One year later. C went to F Bank to apply for a loan to pay the construction materials. Will the case against C prosper? Reason briefly. Alfredo issued a postdated check payable on May 30. he kept a copy of all the messages Diana and Piolo sent each other and published them. May Alfredo recover on the insurance policy? b. (10%) Alfredo took out a policy to insure his commercial building against fire. the controller of the service facility. (5%) Discuss the trust fund doctrine . If the fire was found to have been caused by Alfredo's own negligence. can he still recover on the policy? Reason briefly in (a). a. (5%) C contracted D to renovate his commercial building.When Greg. a. On May 28. Upon delivery of the policy on May 15. As security for the loan. Would your answer in (a) be the same if it was found that the proximate cause of the fire was an explosion and that fire was but the immediate cause of loss and there is no excepted peril under the policy? c. after C failed to pay the balance on the loan. D ordered construction materials from E and received delivery thereof. The broker for the insurance company agreed to give a 15-day credit within which to pay the insurance premium. VI. The following day.

2004. T demands from the corporation the payment of the value of his shares. on June 4. Will a suit to enforce the exclusive right of the investors to purchase the property prosper? Reason briefly. the Bangko Sentral ordered the closure of Z Bank and consequently placed it under receivership. . Now.VII. Is the act of the President valid? Why or why not? b. The next day. S submitted his certificates of stock for notation that his shares are dissenting. 2007? Reason briefly. Being the highest bidder in the auction sale conducted. Can T exercise the right of appraisal? Reason briefly. the Bank was issued a Certificate of Sale which was registered on August 4. IX. Inevitably. (5%) On December 4. BLUE Bank extrajudicially foreclosed the property. a. S transferred his shares to T to whom new certificates were issued. In a bid to save the bank's property investment. S dissented from the corporate act converting preferred voting shares to non-voting shares. a. RED Corporation executed a real estate mortgage in favor of BLUE Bank. What is the meaning of a stockholder's appraisal right? b. the President of Z Bank entered into a financing agreement with a group of investors for the completion of the construction of the 21-storey building in exchange for a ten year lease and the exclusive option to purchase the building. (10%) In a stockholder's meeting. VIII. Consequently. 2004. Does RED Corporation still have the right to redeem the property as of September 14. RED Corporation defaulted in the payment of its loan. Thereafter. Z Bank was unable to finish construction of its 21-storey building on a prime lot located in Makati City. 2003. (10%) Due to growing financial difficulties.

. (10%) Two vessels figured in a collision along the Straits of Guimaras resulting in considerable loss of cargo. (5%) Seeking to streamline its operations and to bail out its losing ventures. What are the preferred claims that shall be satisfied first from the assets of an insolvent corporation? b.X. (10%) a. (5%) Name at least five (5) predicate crimes to money laundering. a. the stockholders of X Corporation unanimously adopted a proposal to sell substantially all of the machineries and equipment used in and out its manufacturing business and to sink the proceeds of the sale for the expansion of its cargo transport services. What is a maritime protest? b. Can A and B successfully maintain an action to recover losses and damages arising from the collision? Reason briefly. likewise did not file a maritime protest at all. XI. The damaged vessels were safely conducted to the Port of Iloilo. How would X Corporation effect a valid sale? XIII. Passenger A failed to file a maritime protest. Would the transaction be covered by the provisions of the Bulk Sales Law? b. XII. How shall the remaining non-preferred creditors share in the estate of the insolvent corporation above? NOTHING FOLLOWS. a non-passenger but a shipper who suffered damage to his cargo. B. a.

PT Construction Corp. X Corporation presented a claim against Atlantic Bank by executing a draft against the letter of credit. Despite the controversy. Can X Corporation claim directly from PT Construction Corp. As a rule under the Negotiable Instruments Law. (2%) . The controversy remained unresolved. will pay X Corporation P100. a subsequent party may hold a prior party liable but not vice-versa. Tom Cruz withdrew the 5. A controversy as to the cause of the delay which involved the workmanship of the building ensued.000 bags from the warehouse to be transported to Lucena City where his store was located. a. requested for an extension of time to deliver claiming that the delay was due to the fault of X Corporation.000 bags of fertilizer. for the latter to construct and build a sugar mill within six (6) months. (3%) b.BAR EXAMINATION 2008 MERCANTILE LAW I X corporation entered into a contract with PT Contruction Corp. One week before the expiration of the six (6) month period. PT Construction Corp.000 bags of fertilizer. He executed a trust receipt in favor of XYZ Bank over the 5. To ensure payment of the agreed amount of damages. Give two (2) instances where a prior party may hold a subsequent party liable. Is Tom Cruz correct? Explain. On the way. They agreed that in case of delay.000 bags of fertilizer. armed robbers took from Tom Cruz the 5.000 for every day of delay. (4%) III a. Tom Cruz now claims that his obligation to pay the loan to XYZ Bank is extinguished because the loss was not due to his fault. (3%) II Tom Cruz obtained a loan of P 1 Million from XYZ Bank to finance his purchase of 5.? Explain. secured from Atlantic Bank a confirmed and irrevocable letter of credit which was accepted by X Corporation in due time. PT Construction Corp. Can Atlantic Bank refuse payment due to the unresolved controversy? Explain.

If you were the judge. Antonio Rivera secured a life insurance from SOS Insurance Corp. a. was Pancho as drawerdischarged on the instrument? Why?(2%) VI On January 1. what issues would you consider relevant to resolve the case? Explain (3%) b. his adopted daughter. (3%) b. it was ascertained that Gemma Rivera participated as an accessory in the killing of Antonio Rivera. Bong indorsed the check and also forged Gerard's endorsement. The check was given to an officer of AB Corporation who was instructed to deliver it to XY Bank. 2005 and in the police investigation. AB Corporation come to know of the officer's fraudulent act after he absconded. (2%) V Pancho drew a check to Bong and Gerard jointly. Based on the facts. Should the bank comply? Explain fully. Gerard received nothing from the payment. (2%) IV AB Corporation drew a check for payment to XY Bank. the officer. for P1 Million with Gemma Rivera. Can SOS Insurance Corp. How would you decide the case? Explain. How does the "shelter principle" embodied in the Negotiable Instruments Law operate to give the rights of a holderin-due course to a holder who does not have the status of a holder-in-due course? Briefly explain. (4%) . intending to defraud the Corporation. Pancho asked the payor bank to recredit his account. filled up the check by making himself as the payee and delivered it to XY Bank for deposit to his personal account. Instead. 2000. Antonio Rivera died on March 4.b. as the beneficiary. AB Corporation asked XY Bank to recredits its amount. XY Bank refused. a. The payor bank paid the check and charged Pancho's account for the amount of the check. avoid liability by setting up as a defense the participation of Gemma Rivera in the killing of Antonio Rivera? Discuss with reasons.

. (CRI) provides train services. While waiting. (3%) b. CRI interposed lack of cause of action. only P50 Million. Decide. to commuters from Manila to Calamba. he had an altercation with the security guard of CRI leading to a fistfight. The owner insured the building against fire with three (3) insurance companies for the following amounts: Northern Insurance Corp.P30 Million Eastern Insurance Corp. In the action for damages filed by the heirs of Ricardo Santos. If the owner decides to claim from Eastern Insurance Corp. (2%) VIII City Railways. Empire Assurance Company (Empire) is the insurer of the lost cargoes loaded on board the vessel which were consigned to Debenhams Company. . The building was totally razed by fire. Ricardo Santos fell on the railway just as a train was entering the station.P20 Million Southern Insurance Corp. Ricardo Santos was run over by the train. has a value of P50 Million. Is the owner's taking of insurance for the building with three (3) insurers valid? Discuss. Laguna. Empire as subrogee filed an action for damages against CSC.P50 Million a. 2007.(5%) IX On October 30. He died. Commuters are required to purchase tickets and then proceed to designated loading ang unloading facilities to board the train. Ricardo Santos purchased a ticket for Calamba and entered the station. sank on her voyage from Hong Kong to Manila. will the claim prosper? Explain. for a fee.VII Terrazas de Patio Verde. Inc. a condominium building. . M/V Pacific. After it indemnified Debenhams. a Philippine registered vessel owned by Cebu Shipping Company (CSC). . contending that the mishap occurred before Ricardo Santos boarded the train and that it was not guilty of negligence.

causing flooding in the vessel. What provision of the Constitution precludes the passage of such a law? (3%) . Assume the vessel was not seaworthy as in fact its hull had leaked. To avoid the typhoon. the vessel changed its course. Since February 8. the vessel received a report of a typhoon moving within its general path. (2%) c. It smashed a taxicab which at that time had gone offroad and onto the sidewalk in order to avoid the traffic. Before departing. One day a heavy piece of lumber fell from the building.a. The taxicab passenger died as a result. and what theory will you adopt? (3%) b. it was still at the fringe of the typhoon when it was repeatedly hit by huge waves. the vessel was advised by the Japanese Meteorological Center that it was safe to travel to its destination. Nelson contracted the construction of a building. However. Is CSC liable to Empire? What principle of maritime law is applicable? Explain. Assume the facts in question (b). a. Will your answer be the same? Explain. the legislature has not passed even a single law creating a private corporation. Assume that the vessel was seaworthy. 1935. Acting for the company. foundered and eventually sank. Can the heirs of the three (3) crew members who perished recover from CSC? Explain fully. (3%) X Nelson owned and controlled Sonnel Construction Company. how would you defend your client? What would be your theory? (2%) c. As counsel for the heirs of the victim. If you were the counsel for Sonnel Construction. Without first installing a protective net atop the sidewalks adjoining the construction site. whom will you sue for damages. Assume that the company had no more account and property in its name. the company proceeded with the construction work. (3%) b. (2%) XI a. But while at sea. Could the heirs hold the taxicab owner and driver liable? Explain. The captain and the crew were saved except three (3) who perished.

What provision of the Securities Regulation Code (SRC) did they violate. For five (5) months. Are the service contracts valid? Explain. They too bought shares in the company at low prices and later sold them at huge profits. (4%) b. In behalf of the office building company. the company did not disclose the discovery so that it could quitely and cheaply acquire neighboring land and secure mining information to the Securities and Exchange Commission. 2008. (2%) XII Pedro owns 70% of the subscribed capital stock of a company which owns an office building. Paolo also owns a security agency. He paid P25. which has a par value of P1 per share. discover after extensive drilling a rich deposit of natural gas along the coast of Antique. Assuming that the employees of the establishment handling the printing work of Grand Gas Corporation saw the exploration reports which were mistakenly sent to their establishment together with other materials to be printed. (4%) XIII Grand Gas Corporation. May the composition of the board of directors of the National Power Corporation (NPC) be validly reduced to three (3)? explain your answer fully.000 shares of stock of JP Development Corporation. Paolo and Juan own the remaining stock equally between them. JP Development Corporation declared a cash dividend on October 15. if any? Explain.000 and promised to pay the balance before December 31. Paolo engaged his companies to render their services to the office building. payable on December 1. all the directors and key officer of the company bought shares went up. Will they be liable for violation of the SRC? Why? (3%) XIV Ace Cruz subscribed to 100. a. a janitorial company and a catering business. 2008. a publicity listed company. The directors and officer sold their shares at huge profits.b. . 2008.

was hired by Petong to write a bimonthly newspaper column for Diario de Manila. a newly-established newspaper of which Petong was the editor-in-chief. Diario de Manila proved unprofitable and closed only after two months. However. Eloise submitted three columns which. which was owned by New Media Enterprises. after some slight editing. Galactic Records. Eloise wants to prevent the publication of her columns in that anthology since she was never paid by the newspaper. Eloise was to be paid P1. (2%) b. and wanted to include the three columns that appeared in the Diario de Manila in her anthology. Three years later. Mocha Warm. Eloise was planning to publish an anthology of her works. can Ace Cruz compel JP Development Corporation to issue to him the stock certificate corresponding to the P25. Assume that New Media Enterprises plans to publish Eloise's columns in its own anthology entitled.000 for each column that was published. a 1978 hit song by the British rock band Majesty. "The Best of Diaro de Manila:. were printed in the newspaper. A . had a hit rap single called Warm Warm Honey which he himself composed and performed. an American musician. Due to the minimal amounts involved. Name one irrefutable legal arguments Eloise could cite to enjoin New Media Enterprises from including her columns in its anthology. 2008. Many noticed that some passages from Warm Warm Honey sounded eerily similar to parts Unde Hassle. Does Eloise have to secure authorization from New Media Enterprises to be able to publish her Diario de Manila columns in her own anthology? Explain fully. In the course of two months.a.000 paid by him? (2%) XV Eloise. (4%) b. eloise chose not to pursue any claim for payment from the newspaper. The single was produced by a California record company. She asks for your legal advice: a. an accomplished writer. For how many shares is Ace Cruz entitled to be paid cash dividends? Explain. (2%) XVI In 1999. On December 1.

Who are the parties or entities entitled to be credited as author of the remixed Warm Warm Honey? Reason out your answer. Al obtained a loan of P10. DJ Chef Jean died shortly after submitting the remixed Warm Warm Honey to Planet Films. with Majesty receiving attribution as co-author of Warm Warm Honey as well as a share in the royalties. On the due date of the first loan Al failed to pay. secured by a chattel mortgage on a Toyota motor car. DJ Chef Jean remixed Warm Warm Honey with salsa beat and interspersed as well a recital of a poetic stanza by John Blake. Al obtained another loan of P10. a 17th century Scottish poet. Astig!. Al filed a motion to dismiss claiming that Bob should first cforeclosed the mortgage on the Honda motorcycle before he can file the action for sum of money. to produce an original re-mix of Warm Warm Honey for use in one of its latest films.copyright infringement suit was filed in the United States against Mocha Warm by Majesty. On February 1.000 from Bob to be paid on January 30. (4%) . 2008. Decide with reasons. Bob foreclosed the chattel mortgage but the car was bidded for P6. Prior to the release of Astig!. Planet Films a Filipino movie producing company. 2008.000 In 2008. Bob filed an action for collection of sum money. It was later settled out of court. By 2002. he secured this by executing a chattel mortgage on a Honda motorcycle. Al also failed to pay the second loan due on February 15. (3%) XVII On January 1.000 from Bob to be paid on February 15.2008.000 only. Mocha Warm learns of the remixed Warm Warm Honey and demands that he be publicity identified as the author of the remixed song in all the CD covers and publicity releases of Planet Films. commissioned DJ Chef Jean. a Filipino musician. Mocha Warm was nearing bankruptcy and he sold his economic rights over Warm Warm Honey to Galactic Records for $10. 2008. 2008. Who are the particular parties or entities who exercise copyright over the remixed Warm Warm Honey? Explain. (3%) b. a.

appraised at P350 Million. In light of other previous similar violations of the credit limit requirement. The Denicola Test in intellectual property law states that if design elements of an . Can a distressed corporation file a petition for corporate rehabilitation after the dismissal of its earlier petition for insolvency? Why? (2%) b. Explain the key phrase "equality is equity" in corporate rehabilitation proceedings. Celestial Properties countered that the bank should first release a part of the collateral worth P50 Million. and after it is dismissed file a petition for insolvency? Why? (2%) c. (2%) XIX Industry Bank. BAR EXAMINATION 2009 MERCHANTILE LAW PART I I TRUE or FALSE. The loan was secured by a mortgage over a vast commercial lot in the Fort Bonifacio Global City. When Industry Bank informed Celestial Properties that it intended to reduce the loan by P50 Million. the Bangko Sentral ng Pilipinas gave notice that the loan to Celestial Properties exceeded the single borrower's limit of 25% of the bank's net worth under a recent BSP Circular. Industry Bank rejected the counter-proposal. (5%) a. Explain your answer in not more than two (2) sentences. which has a net worth of P1 Billion. extended a loan to Celestial Properties Inc. amounting to P270 Million. How would you advise Industry Bank to proceed. or FALSE if the statement is false. with its best interest in mind? (5%) NOTHING FOLLOWS. Can the corporation file a petition for rehabilitation first. Answer TRUE if the statement is true. the BSP advised Industry Bank to reduce the amount of the loan to Celestial Properties under pain of severe sanctions. and reffered the matter to you as counsel. After audit.XVIII a.

the sale would still be valid. a stockholder who owns only one (1) share in ARC. the artistic aspects of the work cannot be conceptually separable from the utilitarian aspects. a rival realty firm. a. If the Ombudsman is convinced that there is a violation of law after investigating a complaint alleging illicit bank deposits of a public officer. d. He then commences a derivative suit for and in behalf of the corporation. A bank under receivership can still grant new loans and accept new deposits. Edric. The resolution also called for a special stockholders meeting at which the proposed sale would be up for ratification. Dividends on shares of stocks can only be declared out of unrestricted retained earnings of the corporation. thus. initiate a derivative suit? Why or why not? (2%) b. II Atlantis Realty Corporation (ARC). the article cannot be copyrighted. e. b. would it constitute an intra-corporate dispute? If so. For this purpose. a local firm engaged in real estate development. wants to stop the sale. Edric. to enjoin the board of directors and the stockholders from approving the sale. Atty. the Ombudsman may order the bank concerned to allow in camerainspection of bank records and documents. Will the suit prosper? Why or why not? (3%) III . If such a suit is commenced. who owns only one (1) share in the company.article reflect a merger of aesthetic and functional considerations. c. plans to sell one of its prime assets --. why not? (2%) c. Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law.a three-hectare land valued at about P100-million. the board of directors of ARC unanimously passed a resolution approving the sale of the property for P75-million to Shangrila Real Estate Ventures (SREV). why and where would such a suit be filed? If not. Can Atty.

The mortgage on the shares of stock was registered in the Office of the Register of Deeds of Makati City where Xerxes Corporation has its principal office. valued at P2-million. If the proceeds from such public sale should be P1-million short of Armando’s total obligation. stating that he was already 80 years old. as well as in the stock and transfer book of Xerxes Corporation. Bernardo foreclosed on the two chattel mortgages.5-million in Xerxes Corporation. ALAC approved his application. can Bernardo recover the deficiency? Why or why not? (2%) IV Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed insurance policy covering persons between the ages of 50 to 75 who may be afflicted with serious and debilitating illnesses. Ten days after he received the cover . Nonetheless. Armando defaulted on the payment of his obligation. raising the following issues: a. The mortgage on the car was registered in the Office of the Register of Deeds of Manila. Armando filed suit to nullify the foreclosure and the mortgages. the foregoing issues with Assume that Bernardo extrajudicially foreclosed on the mortgages. and both the car and the shares of stock were sold at public auction. thus. offering as security his 500 shares of stock worth P1.Armando. The mortgage on the shares of stocks should have been registered in the Office of the Register of Deeds of Manila where he resides. Quirico applied for insurance coverage. c. Quirico then requested ALAC for the issuance of a cover note while he was trying to raise funds to pay the insurance premium. ALAC granted the request. (2%) and b. Armando executed a single Affidavit of Good Faith. a resident of Manila. and his 2007 BMW sedan. (3%) Rule on reasons. covering both mortgages. The execution of only one Affidavit of Good Faith for both mortgages invalidated the two mortgages. borrowed P3million from Bernardo.

(3%) VI Lorenzo drew a bill of exchange in the amount of P100.00 payable to Barbara or order. more than 80% of the residents in the subdivision. by then. and who did not know who Lorenzo was. To promote this proposed business venture. and succeeded in reaching. Elena.note. as publicly offered. He then filed a claim on the policy. Did ALAC’s issuance of a cover note result in the perfection of an insurance contract between Quirico and ALAC? Explain. who paid for it for value. with his wife. Elena presented the bill to Diana for payment. he told his wife and three children to send out promotional text messages to all the residents in the subdivision. Can ALAC validly deny the claim on the ground that the insurance coverage. was available only to persons 50 to 75 years of age? Why or why not? (2%) b. Was the bill lawfully dishonored by Diana? Explain. Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established? Explain your answer. Barbara then negotiated the bill to her sister. a. through text messages. Diana was unaware that Barbara is Lorenzo’s paramour. Diana had already learned of her husband’s dalliance. Diana. (3%) V Cecilio is planning to put up a grocery store in the subdivision where he and his family reside. as drawee. Quirico had a heart seizure and had to be hospitalized. On due date. Does the illicit cause or consideration adversely affect the negotiability of the bill? Explain. At the time the bill was drawn. Cecilio’s family members did as instructed. (3%) b.000. (3%) VII . a. but the latter promptly dishonored the instrument because.

Global Transport Services, Inc. (GTSI) operates a fleet of cargo vessels plying interisland routes. One of its vessels, MV Dona Juana, left the port of Manila for Cebu laden with, among other goods, 10,000 television sets consigned to Romualdo, a TV retailer in Cebu. When the vessel was about ten nautical miles away from Manila, the ship captain heard on the radio that a typhoon which, as announced by PAG-ASA, was on its way out of the country, had suddenly veered back into Philippine territory. The captain realized that MV Dona Juana would traverse the storm’s path, but decided to proceed with the voyage. True enough, the vessel sailed into the storm. The captain ordered the jettison of the 10,000 television sets, along with some other cargo, in order to lighten the vessel and make it easier to steer the vessel out of the path of the typhoon. Eventually, the vessel, with its crew intact, arrived safely in Cebu. a. Will you characterize the jettison of Romualdo’s TV sets as an average? If so, what kind of an average, and why? If not, why not? (3%) b. Against whom does Romualdo have a cause of action for indemnity of his lost TV sets? Explain. (3%) VIII Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang Pilipino Rural Bank in Eastern Visayas. Almost all the branch managers are close relatives of the members of the Board of Directors of the corporation. Many undeserving relatives of the branch managers were granted loans. In time, the branches could not settle their obligations to depositors and creditors. Receiving reports of these irregularities, the Supervising and Examining Department (SED) of the Monetary Board prepared a detailed report (SED Report) specifying the facts and the chronology of events relative to the problems that beset MPBC rural bank branches. The report concluded that the bank branches were unable to pay their liabilities as they fell due, and could not possibly continue in business without incurring substantial losses to its depositors and creditors. a. May the Monetary Board order the closure of the MPBC rural banks relying

only on the SED Report, without need of an examination? Explain. (3%) b. If MPBC hires you as lawyer because the Monetary Board has forbidden it from carrying on its business due to its imminent insolvency, what action will you institute to question the Monetary Board’s order? Explain. (3%) IX When is there an ultra vires act on the part of [a] the corporation; [b] the board of directors; and [c] the corporate officers. (3%) X What are the so-called exempt securities under the Securities Regulation Code? (2%)

PART II XI TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. A loan agreement which provides that the debtor shall pay interest at the rate determined by the bank’s branch manager violates the disclosure requirement of the Truth in Lending Act. b. Under the Warehouse Receipts Law, a warehouseman loses his lien upon the goods when he surrenders possession thereof. c. The Howey Test states that there is an investment contract when a person invests money in a common enterprise and is led to expect profits primarily from the efforts of others. d. A document, dated July 15, 2009, that reads: "Pay to X or order the sum of P5,000.00 five days after his pet dog, Sparky, dies. Signed Y." is a negotiable instrument. e. "A bank is bound to know its depositor’s signature" is an inflexible rule in

determining the liability of a bank in forgery cases. XII Gaudencio, a store owner, obtained a P1-million loan from Bathala Financing Corporation (BFC). As security, Gaudencio executed a "Deed of Assignment of Receivables," assigning 15 checks received from various customers who bought merchandise from his store. The checks were duly indorsed by Gaudencio’s customers. The Deed of Assignment contains the following stipulation: "If, for any reason, the receivables or any part thereof cannot be paid by the obligors, the ASSIGNOR unconditionally and irrevocably agrees to pay the same, assuming the liability to pay, by way of penalty, three percent (3%) of the total amount unpaid, for the period of delay until the same is fully paid." When the checks became due, BFC deposited them for collection, but the drawee banks dishonored all the checks for one of the following reasons: "account closed," "payment stopped," "account under garnishment," or "insufficiency of funds." BFC wrote Gaudencio notifying him of the dishonored checks, and demanding payment of the loan. Because Gaudencio did not pay, BFC filed a collection suit. In his defense, Gaudencio contended that [a] BFC did not give timely notice of dishonor (of the checks); and [b] considering that the checks were duly indorsed, BFC should proceed against the drawers and the indorsers of the checks. Are Gaudencio’s defenses tenable? Explain. (5%) XIII Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). One of the provisions of the one-year lease contract states: "18. x x x The LESSEE shall not insure against fire the chattels, merchandise, textiles, goods and effects placed at any stall or store or space in the leased premises without first obtaining the written

00 with First United Insurance Corporation (FUIC). YYY Corporation (YYY).000. decided to cash in on the . without the consent of SBC. a colored photograph of Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile logo appeared on the front page of every Philippine newspaper. as provided in the lease contract. the insurance policy is deemed assigned and transferred to the LESSOR for the latter’s benefit. damaging Ciriaco’s merchandise. The following day. are both under judicial receivership.consent of the LESSOR. Ciriaco insured the merchandise inside the leased premises against loss by fire in the amount of P500. If the LESSEE obtains fire insurance coverage without the consent of the LESSOR. or simply merge the two corporations. Under either option. SBC demanded from FUIC that the proceeds of the insurance policy be paid directly to it. the renowned Filipino boxer Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of heroworshipping fans and hundreds of media photographers. A day before the lease contract expired. The receiver has the option to sell all or substantially all of the properties of YYY to XXX. The receiver seeks your advice on whether the Bulk Sales Law will apply to either. Who is legally entitled to receive the insurance proceeds? Explain." Notwithstanding the stipulation in the contract. options. or both. Lacoste International. (4%) XV After disposing of his last opponent in only two rounds in Las Vegas. fire broke out inside the leased premises. What will your advice be? Explain. (4%) XIV XXX Corporation (XXX) and its sister company. Having learned of the insurance earlier procured by Ciriaco. the requirements under the Corporation Code have to be complied with. the French firm that manufactures Lacoste apparel and owns the Lacoste trademark.

universal popularity of the boxing icon. It reprinted the photographs, with the permission of the newspaper publishers, and went on a world-wide blitz of print commercials in which Sonny is shown wearing a Lacoste shirt alongside the phrase "Sonny Bachao just loves Lacoste." When Sonny sees the Lacoste advertisements, he hires you as lawyer and asks you to sue Lacoste International before a Philippine court: a. For trademark infringement in the Philippines because Lacoste International used his image without his permission; (2%) b. For copyright infringement because of the unauthorized use of the published photographs; (2%) and c. For injunction in order to stop Lacoste International from featuring him in their commercials. (2%) Will these actions prosper? Explain. d. Can Lacoste International validly invoke the defense that it is not a Philippine company and, therefore, Philippine courts have no jurisdiction? Explain. (2%) XVI On September 15, 2007, XYZ Corporation issued to Paterno 800 preferred shares with the following terms: "The Preferred Shares shall have the following rights, preferences, qualifications, and limitations, to wit: 1. The right to receive a quarterly dividend of One Per Centum (1%), cumulative and participating; 2. These shares may be redeemed, by drawing of lots, at any time after two (2) years from date of issue, at the option of the Corporation; x x x." Today, Paterno sues XYZ Corporation for specific performance, for the payment of dividends on, and to compel the redemption of, the preferred shares, under the terms and conditions provided

in the stock certificates. Will the suit prosper? Explain. (3%) XVII Philippine Palaces Realty (PPR) had been representing itself as a registered broker of securities, duly authorized by the Securities and Exchange Commission (SEC). On October 6, 1996, PPR sold to spouses Leon and Carina one (1) timeshare of Palacio del Boracay for US$7,500.00. However, its Registration Statement became effective only on February 11, 1998 after the SEC issued a resolution declaring that PPR was authorized to sell securities, including timeshares. On March 30, 1998, Leon and Carina wrote PPR rescinding their purchase agreement and demanding the refund of the amount they paid, because the Palacio del Boracay timeshare was sold to them by PPR without the requisite license or authority from the SEC. PPR contended that the grant of the SEC authority had the effect of ratifying the purchase agreement (with Leon and Carina) of October 6, 1996. Is the contention of PPR correct? Explain. (3%) XVIII Triple A Corporation (Triple A) was incorporated in 1960, with 500 founders’ shares and 78 common shares as its initial capital stock subscription. However, Triple A registered its stock and transfer book only in 1978, and recorded merely 33 common shares as the corporation’s issued and outstanding shares. a. In 1982, Juancho, the sole heir of one of the original incorporators filed a petition with the Securities and Exchange Commission (SEC) for the registration of his property rights over 120 founders’ shares and 12 common shares. The petition was supported by a copy of the Articles of Incorporation indicating the incorporators’ initial capital stock subscription. Will the petition be granted? Why or why not? (3%) b. On May 6, 1992, a special stockholders’ meeting was held. At this meeting, what would have constituted a quorum? Explain. (3%)

c.

What is a stock and transfer book? (1%) XIX

One of the passenger buses owned by Continental Transit Corporation (CTC), plying its usual route, figured in a collision with another bus owned by Universal Transport, Inc. (UTI). Among those injured inside the CTC bus were: Romeo, a stow away; Samuel, a pickpocket then in the act of robbing his seatmate when the collision occurred; Teresita, the bus driver’s mistress who usually accompanied the driver on his trips for free; and Uriel, holder of a free riding pass he won in a raffle held by CTC. a. Will a suit for breach of contract of carriage filed by Romeo, Samuel, Teresita, and Uriel against CTC prosper? Explain. (3%) b. Do Romeo, Samuel, Teresita, and Uriel have a cause of action for damages against UTI? Explain. (3%) c. What, if any, are the valid defenses that CTC and UTI can raise in the respective actions against them? Explain. (3%) XX Under the Securities Regulation Code, what is the Margin Trading Rule? (2%)

gave birth to a baby boy.5% 3. Hence. 1. Desirous to have a baby. Armed with a gun.5% . Saul's wife. Four ( 4) years after the incident. the brother of Ed. no child under 7 years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise. Saul filed an action for legal separation against Cecile on the ground that she attempted to kill him.III Ed and Beth have been married for 20 years without children. how will you decide the case? 5% . Jun Canlas. 1.BAR EXAMINATION 2006 CIVIL LAW CIVIL LAW -IUnder Article 213 of the Family Code. Andy's sperm was medically introduced into Beth's ovary . 2.II Saul. After a series of tests. Explain the rationale of this provision. If you were the judge. Cecile. nearly kiiling him. what will be your defense? 2. a married man.5% 2. In one of the trysts. Andy. It was found that Ed's sperm count was inadequate to induce pregnancy. readily consented to donate his sperm. Who is the father of Alvin? Explain. 1.5% . the couple looked for a willing donor.5% 2. named Alvin.She became pregnant and 9 months later. caught them in flagrante. a prominent medical specialist on human fertility . 2. had an adulterous relation with Tessie. Give at least 3 examples of "compelling reasons" which justify the taking away from the mother's custody of her child under 7 years of age. If you were the lawyer of Cecile. Cecile shot Saul in a fit of extreme jealousy. If you were Saul's counsel.He advised Beth to undergo artificial insemination. they consulted Dr. 2. how will you argue his case? 2.

What is the status of the marriage between Gigi and Ric . got married when they were 18 years old. A year after. Juliet gave birth to twins. She presented to him a birth certificate showing she is 18 years old. But Ray insisted on buying the house of Biong and Linda for sentimental reason. What are the requirements. 2. What is the status of the marriage between Ric and Juliet . While separated.5% 3. a 16 year-old sophomore in a local college and a seventh-Day Adventist. Their marriage was solemnized on August 2. Catholics.5 % 2. the spouses developed irreconcilable differences. if any. . He did not divulge to her his prior marriage with Gigi.5% 4. offered a similar house at a lower price of Pl. 2. They agreed on a fair price of P2 Million. 2. They got married in a Catholic church in Manila. a Baptist Minister. They found a prospective buyer. voidable or void? Explain. 1. 2. They decided to get married with the consent of Juliet's parents..2. Bernie and Elena. in order for Ed to establish his paternity over Alvin. another couple. If you were the counsel for Gigi. 1989 by Ric's uncle. Ric fell in love with Juliet. Laguna. Ray sent Linda . so they parted ways.IV Gigi and Ric. Later.a letter confirming his intention to buy the property.5% -VSpouses Biong and Linda wanted to sell' their house.5 Million. in Calamba. 2. Aissa and Aretha. can Juliet take against him? Explain. Ric never doubted her age much less the authenticity of her birth certificate. voidable or void? Explain. what action/s will you take to enforce and protect her interests? Explain. He overlooked the fact that his license to solemnize marriage expired the month before and that the parties do not belong to his congregation.valid. After 5 years of married life and blessed with 2 children. if any. Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry him despite her minority and assured her that everything is in order. Ray.valid. What action. Linda negotiated with Ray for the sale of the property.5% .

Arnell met an accident which disabled him from reporting for work and earning a living to support himself. a Filipino. Marvin fell in love with her. leaving behind their 4 children.5% . Worse. they got married in Hongkong to avoid publicity. he did not visit her even if he knew of her confinement in the hospital. On her return. 1.5% 2. they met several times in social functions but he snubbed her. an American. and Shelley.Ray prepared a deed of sale to be signed by the couple and a manager's check for P2 Million. courtship and complying with all the requirements. 2.VI Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the ground of psychological incapacity . Is his marriage to Manel valid? Explain. 5% . she refused to sign the document saying she changed her mind. one of whom is Manny. neglected her and went abroad. After receiving the P2 Million.VII Marvin. 2. Marvin met Manel. Meanwhile. Linda filed suit for nullification of the deed of sale and for moral and exemplary damages against Ray. When she got sick. a Filipina.VIII Alberto and Janine migrated to the United States of America. Shelley obtained a divorce in California. decided to get married in their local parish. who was vacationing there. Biong signed the deed of sale. They own a duplex apartment and allowed Manny to live In one of the units. Alberta died. While in Boracay.She alleged that after 2 months of their marriage. Arnell showed signs of disinterest in her. Will Gemma's suit prosper? Explain. Two years after their marriage. Will the suit prosper? Explain. However. it being Marvin's second marriage. He returned to the Philippines after 3 years but did not even get in touch with her. both residents of California. After a brief. 5% . His . Does Ray have any cause of action against Biong and Linda? Can he also recover damages from the spouses? Explain. While in the United States. Linda was not able to sign it because she was abroad.

2. distribute his estate? Explain. Can this demolition be sustained? Explain. 2. 5% -XDon died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-Iaw wife Roshelle. how will you distribute his estate? Explain. survived by his father Juan. 2.IX A drug lord and his family reside in a small bungalow where they sell shabu and other prohibited drugs. and his legitimate son Jayson.widow and all his children executed an Extrajudicial Settlement of Alberto's estate wherein the 2-door apartment was assigned by all the children to their mother.5% 3. He is survived by his brother Ronie and his half-sister Michelle. If Don failed to execute a will during his lifetime.5% 2. They donated a parcel of land in favor to that congregation in a duly notarized Deed of . as his lawyer. explain your answer. The latter required Manny to sign a prepared Lease Contract so that he and his family could continue occupying the unit. Subsequently. Janine. 1. they immediately demolished the house because according to them. If you were George's counsel. 2. Assuming further he died intestate. Manny refused to sign the contract alleging that his parents allowed him and his family to continue occupying the premises. and his legitimate son Jayson. what legal steps will you take? Explain.5% . Was Don's testamentary disposition of his estate in accordance with the law on succession? Whether you agree or not.XI Spouses Alfredo and Racquel were active members of a religious congregation. Assuming he died intestate survived by his brother Ronie. how will you distribute his estate? Explain. 5% . his half-sister Michelle. it was a nuisance per se that should be abated. his half-sister Michelle. she sold the property to George.5% 4. how will you. his brother Ronie. When the police found the illegal trade.

the spouses revoked the donation and demanded that he vacate the premises immediately. Benjamin took the vehicle but did not register the sale with the Land Transportation Office. Tony issued a check drawn against his current account with Premium Bank. a minor who did not have a driver's license. it was found that an employee of the bank misplaced Tony's account ledger. The Deed of Donation was not registered with the Registry of Deeds. 5% . it turned out that Tony's account has more than sufficient funds to cover the check. can Alfredo and Racquel evict the Minister and recover possession of the property? If you were the couple's counsel. He allowed his son Carlos. Later. the bank erroneously assumed that his account no longer exists. But the Minister refused to leave. instead of constructing a place of worship.Donation. claiming that aside from using the bungalow as his residence. he is also using it as a place of worship on special occasions. Carlos. Under the circumstances. Thus.XIII Arturo sold his Pajero to Benjamin for P1 Million. to drive the car to buy pan de sal in a bakery . immediately filed an action for recovery of possession of the vehicle against Tony for which he was terribly humiliated and embarrassed. However. it was dishonored on the ground of "Account Closed". Disappointed with the Minister. The dealer however. When the car dealer deposited the check. subject to the condition that the Minister shall construct thereon a place of worship within 1 year from the acceptance of the donation.On the way. As payment. Does Tony have a cause of action against Premium Bank? Explain. what action will you take to protect the interests of your clients? 5% . In an affidavit he executed in behalf of the congregation. driving in a . the Minister constructed a bungalow on the property he used as his residence.XII Tony bought a Ford Expedition from a car dealer in Muntinlupa City. After an investigation. Since he has a good reputation the car dealer allowed him to immediately drive home the vehicle merely on his assurance that his check is sufficiently funded. the Minister accepted the donation.

XV 1. can Benjamin raise the defense he is not liable because the vehicle is not registered in his name? Explain.5% . He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. As a result. Will the petition for change of name of Jesus delos Santos to Roberto delos santos under Republic Act No. 1.5% . he fell in love and married Mary Grace delos santos.5% 2. What entries in the Civil Registry may be changed or corrected without a judicial order? 2." He claimed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father." His full name now reads "Jesus delos santos.reckless manner. he suffered serious physical injuries. She wanted to forget him. 2. then riding a bicycle. There. Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to "Roberto. Assuming Dennis' action is tenable.9048. Dennis filed a criminal complaint against Carlos for reckless imprudence resulting in serious physical injuries. Can Dennis file an independent civil action against Carlos and his father Benjamin for damages based on quasidelict? Explain.9048 prosper? Explain.XIV Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. the Civil Registrar granted his petition and changed his first name Zirxthoussous to "Jesus." Jesus delos santos moved to General santos City to work in a multi-national company. 10% . 2. After complying with the requirements of the law. sideswiped Dennis. Hence. She requested him to have his first name changed because his new name "Jesus delos santos" is the same as that of her father who abandoned her family and became a notorious drug lord.

Immorality or dishonesty d. shall be void.5% . d. was psychologically incapacitated to comply with the essential marital obligations of marriage. Mayan illegitimate child. (5%) b. Article 36 of the Family Code provides that a marriage contracted by any party who. Malicious prosecution 2. A criminal offense resulting in physical injuries b. use the surname of her natural mother as her middle name? 2.2. Quasi-delicts causing physical injuries c. (5%) II (10%) Manila Petroleum Co. Nagger Gay or lesbian Congenital sexual pervert Gambler Alcoholic BAR EXAMINATION 2007 CIVIL LAW Distinguish the following concepts: a. Explain. at the time of the celebration. Explain. Choose the case wherein you cannot recover moral damages. Illegal and impossible conditions in a simple donation v.5% a. possession. . moral damages may be recovered in the cases specified therein. upon adoption by her natural father. Under Article 2219 of the Civil Code. b. Occupation v. Illegal search e. e. c. 2. several of which are enumerated below. Choose the spouse listed below who is psychologically incapacitated.5% a. illegal and impossible conditions in an onerous donation. 2. owned and operated a petroleum operation facility off the coast of Manila.XVI 1.

V. is a development company engaged in developing and selling subdivisions. Explain the following concepts and doctrines and give an example of each: a. Are the trees. concept of trust de son tort (constructive trust) (5%) b. What properties are not registrable? Supply this information. condominium units and industrial estates.The facility was located on a floating platform made of wood and metal. where trees. the MV 101. The management of Bedrock asks you as the company counsel to prepare a manual containing a summary of the pertinent laws and regulations relating to land registration and acquisition of title to land. Are the equipment and living quarters movable or immovable property? c. It employed "scouts" who roam all over the Philippines to look for and conduct investigations on prospective sites for acquisition and development. which was anchored to the seabed. III. The floating platform likewise contained a garden area. plants and flowers were planted. (10%) Bedrock Land & Property Development Corp. (10%) . Is the platform movable or immovable property? b. upon which was permanently attached the heavy equipment for the petroleum operations and living quarters of the crew. whether developed. a. In order to replenish its inventories. doctrine of discovered peril (last clear chance) (5%) IV. The manual should include the following items: a. plants and flowers immovable or movable property? Please briefly give the reason for your answers. The platform was tethered to a ship. it embarked on an aggressive land banking program. semideveloped or raw land. What is the governing law? b.

Benjamin. 2004. thinking of her mortality. Write "TRUE" if the statement is true or "FALSE" if the statement is false. Clara was run over by a drunk driver while crossing the street in Greenbelt. 1. a Filipino. while waiting for her turn th to sign the will. May the will of Clara be admitted to probate? Give your reasons briefly. was reading the 7 Harry Potter book on the couch. Roberta experienced a stomach ache and kept going to the restroom for long periods of time. An individual. The day after John and Marsha got married. Hannah. Hannah. If a man commits several acts of sexual infidelity. (2% each). particularly in 2002. Coming from the hospital. VII. While single. . without the knowledge of his parents. Clara fell down the stairs and broke her arms. the debt is still the responsibility of such individual. Marsha is now estopped from filing an annulment case against John. such individual gets married while the debt is still being paid. Marsha continued to live with John for 2 years. During the day of signing of her will. While the will was being signed. Roberta. purchases a house and lot in 1990 and borrows money in 1992 to repair it. 2005. also offered to notarize it. drafted a will and asked Roberta. 17 years of age. 2003. In 1995.What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations? VI. 4. After the marriage. the prescriptive period to file for legal separation runs from 2002. 2. If the statement is FALSE. beside the table on which everyone was signing. A week after. (10%) Clara. aside from witnessing the will. 3. Luisa and Benjamin to be witnesses. Clara insisted on signing her will by thumb mark and said that she can sign her full name later. can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16. John told her that he was impotent. state the reason.

An. The parties to a bailment are the: a. Saddened by Brad's death. All of the above. Brad and Jennifer broke up. all the above. Julian. a contract. comodatario. A contract of antichresis is always: a. c. Angie refused and claimed that Brad. c. Brad in his will bequeathed the painting to Angie. Julian and Thelma can get married.5. d. While Brad was mending his broken heart. c. Amor met David and they got married when she was 20 years old. Involves the payment of interests. bailor. (2% each) 1. b. David had a son. Amor gave birth to Thelma when she was 15 years old. e. Jennifer asked for the Picasso painting as a remembrance of him. d. b. assignee in a proceeding under the Insolvency Law does not have the duty of: . letters a and b 2. in his will. d. a voluntary deposit. Thereafter. a necessary deposit. bailee. with his ex-girlfriend Sandra. with a stipulation that the debt will be paid through receipt of the fruits of an immovable. VIII. Because the Picasso painting reminded Angie of him. a written contract. In 1990. Letters a and b 4. letters a and b 3. In 1989. (10%) In 1986. because a certain Picasso painting reminded Brad of her. he met Angie and fell in love. Is Angie correct? Why or why not? IX Multiple choice: Choose the right answer. e. Jennifer and Brad were madly in love. an extrajudicial deposit. A deposit made in compliance with a legal obligation is: a. bequeathed the painting to her. Jennifer acquired it and placed it in his bedroom. e. if owing. a deposit with a warehouseman. Brad died in 1995. b.

a. In 2007. Letters a and b X (10%) For purpose of this question. ensuring that a debtor corporation operate the business efficiently and effectively while the proceedings are pending. In 1971 and 1972. the court must initiate the proposal b. Lia. on the other hand. d. In 2005. 2/3 of the number of creditors should agree to the settlement.a. suing to recover the properties of the state of the insolvent debtor. Ramon had a child. b. Prior to their marriage. In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding. Larry and Cherry died in a car accident. assume all formalities and procedural requirements have been complied with. d. Ramon and Dessa got married. Anna never married. Ramon died. Anna. BAR EXAMINATION 2008 CIVIL LAW CIVIL LAW I . collecting and discharging debts owed to the insolvent debtor. NOTHING FOLLOWS. Anna. Hans and Gretel. with his girlfriend. 3/5 of the number of creditors should agree to the settlement. Who may inherit from Ramon and who may not? Give your reason brieftly. 1/3 of the total debts must be represented by the approving creditors. 5. In 1970. e. In 1973. Fiona. c. Larry had twins. legally adopted Shelly. Cherry. Ramon and Dessa legally adopted Cherry and Michelle respectively. c. selling property of the insolvent debtor. Dessa died while giving birth to Larry Anna had a child.

To avoid being reqiured to submit the required certificate of capacity to marry from the German Embassy in Manila. Ana married Adolf Cruz Staedtler. with the baby's umbilical cord already cut. Batangas. as surviving biological father of the baby. When she was already due to give birth. a Filipino citizen like her. her parents forcibly took her back and arranged for her marriage to Brad. be entitled to claim the proceeds of the life insurance on the life of Marian? (2%) III Roderick and Faye were high school sweethearts. the father of her unboarn child. When Roderick was 18 and Faye. a. she and her boyfriend Pietro. were kidnapped in a resort in Bataan where they were vacationing. who was among the passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and had never been heard of ever since. they were found in an abandoned hut in Cavite. 16 years old. Believing that her husband had died. (5%) II At age 18. who is presumed to have died ahead? (1%) c. Marian and Pietro were hacked with bolos. Is the marriage valid? Explain fully. Although Faye lived with Brad after the marriage. Will Pietro. as the local parish priest refused to solemnize marriages except in his church. With the marriage license stating that Adolf was a Filipino. Marian and the baby delivered were both found dead. a divorced German national born of a German father and a Filipino mother residing in Stuttgart. the couple got married in a ceremony officiated by the Parish Priest of Calamba. Roderick continued to regularly visit Faye while . Marian found out that she was pregnant. When Faye reached 18 years of age. they started to live together as husband and wife without the benefit of marriage. Adolf stated in the application for marriage license that he was a Filipino citizen. She insured her own life and named her unborn child as her sole beneficiary. Can Marian's baby be the beneficiary of the insurance taken on the life of the mother? (2%) b. Pietro survived. The military gave chase and after one week. Laguna in a beach in Nasugbu.Ana Rivera had a husband. Between Marian and the baby.

During their marriage. Instead of a judicial action.Brad was away at work. Can a judicial action for correction of entries in Gianna's birth certificate be successfully maintained to: i. Was the marriage of Roderick and Faye valid? (2%) b. who at the time Gianna's birth were not married to each other. She lost no time in marrying her true love Roderick. claiming that they have been continuosly cohabiting for more than 5 years. Laica. While Andy was single at the time. would Gianna be legitimated? (1%) V ii. Faye shot Brad to death. can administrative proceedings be brought for the purpose of making the above corrections? (2%) c. her surname carrying that of Andy's and that her parents were married to each other. Brad discovered her continued liason with Roderick and in one of their heated arguments. Can Laica be legitimated by the marriage of her biological parents? (1%) IV Gianna was born to Andy and Aimee. Roderick is her biological father? (2%) d. When Faye was 25 years old. What is the filiation status of Laica? (2%) c. Assuming that Aimee is successful in declaring her former marriage void. and Andy and Aimee subsequently married each other. without a marriage license. . Aimee was still in the process of securing a judicial declaration of nullity on her marriage to her exhusband. Change her status from "legitimate" to "illegitimate" (1%). registered the status of Gianna as "legitimate". a. and Change her surname from that of Andy's to Aimee's maiden surname? (1%) b. which was signed by both Andy and Aimee. Can Laica bring an action to impugn her own status on the ground that based on DNA results. Faye gave birth to a baby girl. Gianna's birth certificate. a.

a. Can Bobby legally insist on purchasing the land? (2%) VII . bore him no children although Elena has a daughter Jane. with Donna. Vina. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. Can Cathy lawfully ask for demolition of Bobby's house? (3%) b. Jon. the eldest son who was about to get married. with Fe. the house constructed was valued at P350. including Amy. All the children. Amy. from a previous relationship. to construct his house on ¼ of the lot. can Andrew be legally entitled to claim support from Amy. Can Amy. without however obtaining the consent of his siblings. In his old age. now live with andrew in his house. and Sandy assuming that all of them have the means to support him? (1%) c. His last. His first relationship with Brenda produced a daughter. His third. Cathy asked Bobby to demolish his house and vacate the portion alloted to her. Wilma. He is survived by his wife and 4 children. and Sandy legally claim support from each other? (2%) d. Vina. whom they consider as their own. After settlement of Alex's estate and partition among the heirs. a. Ryan. Jon.Despite several relationships with different women. In leiu of demolition. Bobby offered to purchase from Cathy the lot portion on which his house was constructed. produced no biological children but they informally adopted without court proceedings. produced two sons: Jon and Ryan. with Carla. Wilma. Andrew remained unmarried. it was discovered that Bobby's house was constructed on the portion allocated to his sister. His wife told the children that she is waiving her share in the property. leaving only an undeveloped and untitled lot in Tagiug City. now 30 years old. Sandy's now 13 years old. At that time. Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal adoption of Sandy by Andrew and Elena? (2%) b. His second. and allowed Bobby. Can Jon and Jane legally marry? (1%) VI Alex died without a will.000. Ryan.

and iv. Anthony is not aware of the defect in Bert's title. and religiously paid all taxes due on the property. as successor-in-interest of the owner of the vault. Assuming that either or both Adam and Blas are adjudged as owners. Adam was able to open the vault containing old notes and coins which were in circulation during the Spanish era. a. iii. While the notes and coins are no longer legal tender.Anthony bought a piece of untitled agricultural land from Bert. who had never been in possession of the property for one year. as finder. a building contractor. can Carlo appropriate them? (2%) VIII Adam. Can Anthony acquire ownership of the property by acquisitive prescription? How many more years does he have possess it to acquire ownership? (2%) b. in turn. Who owns the notes and coins? (4%) c. Using a detonation device. . If Carlo is able to legally recover his property. It turned out to be the vault of the old Banco de las Islas Filipinas. While digging on the lot in order to lay down the foudation of the house. Bert. The following filed legal claims over the notes and coins: Adam. was engaged by Blas to construct a house on a lot which he (Blas) owns. Carlo had been in possession of the property for 8 years. but has been in actual physical possession of the property from the time he bought it from Bert. as owner of the property where they were found. Blas. declared it for tax purposes. Adam hit a very hard object. will the notes and coins be deemed part of their absolute community or conjugal i. The Philippine Government because of their historical value. ii. acquired the property by forging carlo's signature in a deed of sale over the property. Bank of the Philippine Islands. If there are standing crops on the property when Carlo recovers possession. they were valued at P100 million because of their historical value and the coins silver nickel content. can he require Anthony to account for all the fruits he has harvested from the property while in possession? (2%) c. b.

This pattern of the river swelling. where no barrier was constructed. He did not make any provisions in favor of his wife Erica. of land deposited along their properties?(2%) b. because as the will stated. who are neighbors. will the benefit of such registration extend to the increased area of their properties? (2%) c. Jessica and Jenny had a hotel built on the properties.partnership of gains with their respective spouses? (2%) IX The properties of Jessica and Jenny. she would anyway get ½ of the house and lot as her conjugal share. a. Jenny's property. Knowing his pattern. At certain times of the year. lie along the banks of the Marikina River. Can Jessica and Jenny legally claim ownership over the additional 2 meters and one meter. Jessica constructed a concrete barrier about 2 meters from her property line and extending towards the river. rocks and other materials are deposited on Jessica's and Jenny's properties. giving rise to a new patch of dry land. They had the erath and rocks excavated from the properties dumped on the adjoining shore. effectively increasing Jessica's property by 2 meters. Assume the two properties are on a cliff adjoining the shore of Laguna Lake. the area between Jessica's property line to the concrete barrier was completely filled with soil. respectively. After several years. The will was very brief and straightforward and both the above provisions were contained in . also increased by one meter along the side of the river. soil and other materials are trapped within this barrier. Can they validly lay claim to the patch of land? (2%) X Arthur executed a will which contained only: (i) a provision disinheriting his daughter Bernica for running off with a married man. soil. If Jessica's and Jenny's properties are registered. and (ii) a provision disposing of his share in the family house and lot in favor of his other children Connie and Dora. receding and depositing soil and other materials being deposited on the neighbors' properties have gone on for many years. so that when the water recedes. the river would swell and as the water recedes.

Paul and Mary. the family cook. the driver of Arthur. an overseas Filipino worker. How should the house and lot. Was the disinheritance valid? (1%) d. During their marriage the couple acquired substanial landholdings in London and in Makati. What other defects of the will. British citizens at birth. acquired Philippine citizenship by naturalization after their marriage. the lawyer who prepared the will. There was a 3rd page. a. signed at the bottom. Peter. The attestation clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses who all signed in the presence of each other. and the notary public who notarized the will. if any. it was discovered that apart from the house and lot. Should the will be admitted to probate? (2%) b. at the bottom thereof. Page 2 contained the attestation clause and the signatures. There are no marginal signatures or pagination appearing on any of the 3 pages. which Arthur and his instrumental witness. Are the testamentary dispositions valid? (2%) c. Is the testamentary prohibition against the division of the London estate valid? (2%) XII Ernesto. Was Erica preterited? (1%) b. he had a P 1 million account deposited with ABC bank. Peter and Paul filed a petition for probate of their parent's will before a Makati Regional Trial Court. and Attorney Zorba. was coming home to the Philippines after working for so many years in the Middle East. a. He had saved P100.page 1. In one of their trips to London. of the 3 instrumental witnesses which included Lambert. John and Paul died tragically in the London Subway terrorist attack in 2005. Paula bore John three children. can cause denial of probate? (2%) c.000 . and the cash be distributed? (1%) XI John and Paula. Yoly. Upon his death. the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them the entire estate would go to Peter and Paul only but the two could not dispose of nor divide the London estate as long as they live. but this only contained the notarial acknowledgement.

leaving behind his widowed mother. In either of the above instances. He left behind his widowed mother. named his sister Ruffa in his will as a devisee of a parcel of land which he owned.in his saving account in Manila which intended to use to start a business in his home country. a. If Ruffa predeceases Raymond. Can he: a. He went to school for the blind. valid? (1%) b. they both acknowledged that they are "individually and collectively" liable and waived the need for prior demand. to preserve the property and to transmit it upon her death to Scarlet. upon her death. Act as a witness to a will? (1%) c. When Eduardo defaulted on the PN. executed the promissory note ("PN") in favor of the bank. can Scarlet inherit the property directly from Raymond? (2%) XIV Stevie was born blind. Raymond later died. Recardo executed a real estate mortgageon his own property. must the will be read to him? (1%) XV Eduardo was granted a loan by XYZ Bank for the purpose of improving a building which XYZ leased from him. Ernesto had a fatal heart attack. who inherits the property? (2%) c. his commonlaw wife and their twins sons. Eduardo. and learned to read in Baille Language. XYZ stopped payment of rentals on the building on the ground . Ruffa and Scarlet. to her illegitimate daughter Scarlet who was then only one year old. He left no will. He Speaks English fluently. To secure the PN. On his flight home. In the PN. If Scarlet predeceases Ruffa. Make a will? (1%) b. with his friend Recardo as co-signatory. Who are the heirs entitled to inherint from him and how much should each receive?(3%) XIII Raymond. single. no debts. The will imposed upon Ruffa the obligation of preseving the land and transferring it. no other relatives and no other properties except the money in his saving account. Is the condition imposed upon Ruffa.

Alternatively. Does Recardo have basis under the Civil Code for claiming that the original contract was novated? (2%) XVI Dux leased his house to Iris for a period of 2 years. Dux said there was no breach because the property was sold to his mother who is not a third party. Twenty-three months after execution of the lease contract. Can Recardo's property be foreclosed to pay the full balance of the loan? (2%) c. at the rate of P25. his liability should not go beyond half the balance of the loan.US$ exchange rate was P56 US$1. and had the effect of extinguishing the security since he did not give his consent (as owner of the property under the real estate mortgage) therto. a. and assuming he is liable. The contract stipulated that it may be renewed for another 2-year period upon mutual agreement of the parties. Recardo said that when the bank invoked compensation between the reantals and the amount of the loan. On March 1. a. Can Iris seek rescission of the sale of the property to Dux's mother? (3%) b. Felipe tendered to .that legal compensation had set in. Recardo opposed the foreclosure on the ground that he is only a co-signatory. if Dux decides to sell the property at the same price that the property is offered for sale to a third party. Will the alternative prayer for extension of the lease prosper? (2%) XVII Felipe borrowed $100 from Gustavo in 1998. she asked the court to extend the lease for another 2 years on the same terms. XYZ foreclosed the real estate mortgage over Recardo's property.00 monthly. Iris filed an action to rescind the sale and to compel Dux to sell the property to her at the same price. Can XYZ Bank balidly assert legal compensation? (2%) b. Since there was still a balance due on the PN after applying the rentals. when the Phil P . Further. 2008. it amounted to a new contract or novation.000. Dux sold breach of her right of first refusal. The contract also granted Iris the right of first refusal to purchase the property at any time during the lease. that no demand was made upon him for payment. payable annually in advance.

but this was denied by XY Corp. paid 50% of the total contract price. later experienced work slippage because of labor unrest in his company. When it became certain that the contruction could not be finished on time. Felipe should pay him the value of the debt at the time it was incurred.600. Claiming that the previous payment was not in legal tender. to immediately vacate the premises. asked for extension of time. Can Gustavo now raised the issue that the cashier's check is not legal tender? (2%) b. AB Corp. Can XY Corp. entered into a contract with XY Corp. having accepted the check in March. work was only 45% completed.Gustavo a cashier's check in the amount of P4. the work slowdown. XY Corp. the balance to be paid upon completion of the work.'s employees claimed that they are not being paid on time.US$ exchange rat at that time. Under the terms of the contract. Gustavo now wants Felipe to pay him in cash the amount of P5. agreed to complete the facility in 18 months. unilaterrally and immediately cancel the contract? (2%) . As of the 17th month. based on the Phil P . AB Corp. a. whereby the former agreed to construct the research and laboratory facilities of the latter. but AB Corp. Can Felipe validly refuse to pay Gustavo again? (2%) c. His bank refused to accepted the check because it had become stale. and therefore. a. sent written notice cancelling the contract. and that there has been extraordinary deflation since 1998. The work stated immediately. hence. at the total contract price of P10 million. AB Corp. Can Felipe compel Gustavo to receive US$100 instead? (1%) XVIII AB Corp. and requiring AB Corp. 12. Can the labor unrest be considered a fortuitous event? (1%) b. Gustavo accepted the check. claiming that Gustavo is estopped from raising the issue of legal tender. Felipe refused to pay him again. 2008.135 in payment of his US$ 100 debt. and that it was Gustavo's negligence in not depositing the check immediately that caused the check to become stale. claiming that its labor problems is a case of fortuitous event. but forgot to deposit it until Sept. XY Corp.

Dehlma went to the Register of Deeds to verify Juliet's title. Thereafter. Who owns the movables inside the house? (2%) BAR EXAMINATION 2009 CIVIL LAW PART I I TRUE or FALSE. She discovered that while the property was registered in Juliet's name under the Land Registration Act.c. return downpayment? (2%) XIX the 50% Juliet offered to sell her house and lot. it property. Before agreeing to purchase the property. Who as between Dehlma and XYZ Bank has a better right to the house and lot? (2%) c. or FALSE if the statement is false. 3344 and obtained a tax declaration in its name. and gave her an advance payment to be used for purposes of realesing the mortgage on the property. Dehlma told Juliet to redeem the property from Elaine. Dehlma went to theAssessor's Office to get a new tax declaration under her name. XYZ Bank was also the purchaser in the foreclosure sale of the property. Answer TRUE if the statement is true. the property was still unregistered but XYZ Bank registered the Sheriff's Deed of Conveyance in the day book of the Register of Deeds under Act. She was surprised to find out that the property was already declared for tax purposes in the name of XYZ Bank which had foreclosed the mortgage on the property before it was sold to her. Juliet executed a Deed of Absolute Sale over the property which was duly registered with the Registry of Deeds. as amended by the Property Registration Decree. When the mortgage was released. Explain . At that time. a. together with all the furniture and appliances therein to Dehlma. Was Dehlma a purchaser in good faith? (2%) b. and a new TCT was issued in Dehlma's name. Dehlma immediately took possession over the house and lot and the movables therein. Must AB Corp.

Marilyn. An oral promise of guaranty is valid and binding. A dead child can be legitimated. Marilyn is now claiming for herself and her children her husband’s share in the estate left by Dr. Michael and Anna. b. c. The secretary then told them to wait. Lopez. II Dr. The doctrine of "processual presumption" allows the court of the forum to presume that the foreign law applicable to the case is the same as the local or domestic law. The Mayor was not there. and went out to look for the Mayor who was attending a wedding in a neighboring municipality. and their two children were spared because they were in the province at the time. to get married. In reserva troncal. (4%) III In December 2000. all reservatarios (reservees) inherit as a class and in equal shares regardless of their proximity in degree to the prepositus. d. Dr. The Mayor forthwith signed all the copies of . Lopez’s life insurance policy. Rule on the validity of Marilyn’s claims with reasons. (5%) a. and his son Roberto both died in a fire that gutted their home while they were sleeping in their air-conditioned rooms. Roberto’s wife.as beneficiaries. a 70-year old widower. Lopez left an estate worth P20M and a life insurance policy in the amount of P1M with his three children --. e. after obtaining a valid marriage license. When the secretary caught up with the Mayor at the wedding reception. but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms.your answer in not more than two (2) sentences. Lopez.one of whom is Roberto --. she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. went to the Office of the Mayor of Urbano. An oral partnership is valid. Bulacan. and her husband’s share in the proceeds of Dr.

a. divorced Harry. Later. were born to the spouses Conrado and Clarita de la Costa. after all. Wilma is already married to Joseph. Harry tells you that he has fallen in love with another woman. a. What is the status of the three children of Michael and Anna? Explain your answer. The children’s birth certificates were duly signed by Conrado. What property regime governs the properties acquired by the couple? Explain. She then gave copies of the marriage contract to the parties. Wilma and Joseph returned and established permanent residence in the Philippines.the marriage contract. and wants to marry her because. Thus. showing them to be the couple’s legitimate children. and had three sons. Wilma fell in love with Joseph. Barely five (5) years into the marriage. what legal recourse would you advise him to take? Why? (2%) c. Is the marriage of Michael and Anna valid. namely: Alberto. (3%) b. gave them to the secretary who returned to the Mayor’s office. Thereafter. (2%) c. (3%) b. or void? Explain your answer. Baldomero. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer. became a naturalized citizen of that country. Elizabeth. In the . Wilma went to a small country in Europe. If Harry hires you as his lawyer. voidable. A year thereafter. (2%) IV Harry married Wilma. (2%) V Four children. one Edilberto de la Cruz executed a notarial document acknowledging Alberto and Baldomero as his illegitimate children >with Clarita. a very wealthy woman. Edilberto died leaving substantial properties. and told Michael and Anna that they were already married. and Dioscoro. and married Joseph. Can Harry legally marry Elizabeth? Explain. the couple lived together as husband and wife. Caridad.

a halfsister. Jay. Juanito Fuentes executed a holographic will. Thereafter. and one nephew (the son of a deceased fullblood brother)? Explain. (4%) VI On December 1. resided therein. wherein he gave nothing to his recognized illegitimate son. three full-blood brothers. The legitimate family of Edilberto opposed the claim. Ildefonso ordered the tenants to vacate the premises within thirty (30) days from notice because he had other plans for the building. Can the holographic will of Dr. Alberto and Baldomero intervened claiming shares as the deceased’s illegitimate children. passed the New York medical licensure examinations. Without informing his tenants. 2000.settlement of his estate. The laws of New York do not recognize holographic wills or compulsory heirs. insisting that they will only do so when the term of .00. Fuentes left for the United States. Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. Fuentes be admitted to probate in the Philippines? Why or why not? (3%) b.000. (3%) VIII Jude owned a building which he had leased to several tenants. Jude sold the building to Ildefonso. Dr. If Ramon is survived by his wife.000. Assuming that the will is probated in the Philippines. Determine how much each heir will receive from the estate: a. leaving a net estate of P10. If Ramon is survived by his wife. Dr. The tenants refused to vacate. two half-brothers. can Jay validly insist that he be given his legitime? Why or why not? (3%) VII Ramon Mayaman died intestate. (3%) b. He died in New York in 2007. a. and became a naturalized American citizen. and three nephews (sons of a deceased full-blood brother)? Explain. the latter notified all the tenants that he is the new owner of the building.

Luis registered the deed of conveyance. Would your answer be the same if Rommel was in the car at the time of the accident? Explain. Subsequently. Is Rommel liable for damages to the heirs of the deceased? Explain. who built an auto repair shop on the property. Taking advantage of the situation. (2%) PART II XI TRUE or FALSE. he succeeded in obtaining a TCT over the property in his name.their lease shall have expired. (5%) a. Amado. Atty. the spouses Teodoro and Anita came to the Philippines for a visit and discovered what had happened to their property. (3%) IX Before migrating to Canada in 1992. making it appear that he had bought the couple’s property in Quezon City. hits a pedestrian causing the latter’s death. while being driven by the regular family driver. Atty. Atty. Tan. In 2004. a. and title over the property was transferred in his name. (4%) X Rommel’s private car. In 2000. Rommel is not in the car when the incident happened. They immediately hire you as lawyer. A clause in an arbitration contract granting one of the parties the power to . or FALSE if the statement is false. Answer TRUE if the statement is true. Explain your answer in not more than two (2) sentences. Tan sold the same property to Luis. (2%) b. Is Ildefonso bound to respect the lease contracts between Jude and his tenants? Explain your answer. In 2006. the spouses Teodoro and Anita entrusted all their legal papers and documents to their nephew. Tan forged a deed of sale. What action or actions will you institute in order to vindicate their rights? Explain fully.

During the pendency of the adoption proceedings. Embassy in Manila.choose more arbitrators than the other renders the arbitration contract void. On the first year of the spouses’ tour of duty in the Philippines.S. (3%) XIII Rafael. Rafael died of natural causes. e. the spouses were assigned to the U. b. The Office of the Solicitor General files a motion to dismiss the petition on the ground that the case can no longer proceed because of the petitioner’s death. (3%) b. d. Can their marriage be annulled on the ground of Emmanuel’s sterility? Explain. Assume Emmanuel and Margarita are both Filipinos. American citizens and employees of the U. After their wedding in Kenya.S. a. . The renunciation by a co-owner of his undivided share in the co-owned property in lieu of the performance of his obligation to contribute to taxes and expenses for the preservation of the property constitutes dacion en pago. Margarita filed an annulment case against Emmanuel before a Philippine court on the ground of her husband’s sterility at the time of the celebration of the marriage. Thereafter. filed a petition for the adoption of Dolly. got married in the African state of Kenya where sterility is a ground for annulment of marriage. Will the suit prosper? Explain your answer. State Department. the owner of the servient estate from executing an act which would be lawful without the easement. they come back and take up residence in the Philippines. If there is no marriage settlement. in a notarized document. A person can dispose of his corpse through an act intervivos. the salary of a "spouse" in an adulterous marriage belongs to the conjugal partnership of gains. a wealthy bachelor. Acquisitive prescription of a negative easement runs from the time the owner of the dominant estate forbids. c. a one-year old foundling who had a severe heart ailment. XII Emmanuel and Margarita.

Is the bank correct? Explain. If Rodolfo files an action for the custody of Rona. she obtained a loan from the same bank in the amount of P1. will the court grant Rodolfo’s petition? Why or why not? (2%) XV Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five million pesos (P5. because he is better off financially than Nanette.00) from Sarah’s deposit after notice to her that this is a form of compensation allowed by law. a. fourth and fifth months. To buy a new car. had an illicit affair with his secretary.00.000. On the third.00. the corresponding checks bounced. would you award all the claims of Nanette? Explain. for hospital and other medical expenses in delivering the child by caesarean section. to cover the twelve monthly installment payments.000. a 19-year old girl. Sarah issued in favor of the bank post-dated checks. can he compel her to use his surname? Why or why not? (2%) c. Nanette sued Rodolfo for damages: actual. (4%) XVI . When Rona reaches seven (7) years old. he was not. representing that he was single when. Nanette. Suppose Rodolfo later on acknowledges Rona and gives her regular support. claiming that Rodolfo promised to marry her.000. Will your answer be the same if it was Dolly who died during the pendency of the adoption proceedings? Explain. Rona. alleging that he is Rona’s choice as custodial parent.000.000. (3%) b.00). The bank then declared the whole obligation due. she tells Rodolfo that she prefers to live with him. in fact. and begot a baby girl.000. payable in twelve monthly installments. each in the amount of P100.a. Should the case be dismissed? Explain.200. and proceeded to deduct the amount of one million pesos (P1. moral. and exemplary. married to Sharon. (2%) XIV Rodolfo. to teach a lesson to like-minded Lotharios. (2%) b. If you were the judge.

The land had been brought under the Torrens System.000. (3%) XVII Rosario obtained a loan of P100. the river has brought silt and sediment from its sources up in the mountains and forests so that gradually the land owned by Marciano increased in area by three hectares. and that his right is enforceable against the whole world. Marciano claims that under the Civil Code.00 from Jennifer. he ordered Ulpiano to demolish the huts. and pledged her diamond ring. (3%) XVIII The Ifugao Arms is a condominium project in Baguio City. and demanded that he be paid his share in the proceeds of the harvest. monggo beans and vegetables. a. A strong earthquake occurred which left huge cracks in the outer walls of the building. The contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due date. for over thirty years. Ulpiano also regularly paid taxes on the land. Is the contract valid? Explain. and is cultivated by Ulpiano and his family as farmworkers therein. (3%) b. As a result. Jennifer may immediately sell the ring and appropriate the entire proceeds thereof for herself as full payment of the loan? Reasons.Marciano is the owner of a parcel of land through which a river runs out into the sea. When Marciano learned of the increase in the size of the land. Over the years. where he and his two married children live. Ulpiano and his family planted peanuts. a. as shown by tax declarations. Ulpiano built three huts on this additional area. does Ulpiano have against Marciano? Explain. she will execute a document in favor of Jennifer providing that the ring shall automatically be considered full payment of the loan. On this same area. a number of condominium units were . if any. What rights. Is Marciano correct? Explain. the alluvium belongs to him as a registered riparian owner to whose land the accretion attaches. Will your answer to [a] be the same if the contract stipulates that upon failure of Rosario to redeem the ring on due date. (3%) b.

laches and acquisitive prescription. Chua died in 1990. (2%) b. a parcel of land in Binondo. owner of one of the condominium units affected. a Chinese citizen. Julian. (4%) XIX In 1972. files a petition for change of name before the District Court of New York. Decide the case with reasons. In 2007. and the parcel of land was allocated to Julian. If Henry. Luciano filed suit to recover the land he sold to Chua. alleging that the sale was void because it contravened the Constitution which prohibits the sale of private lands to aliens. files a petition for change of name before a Philippine court. the heirs executed an extrajudicial settlement of estate. leaving behind his wife and three children. a Filipino citizen residing in the United States. legally sue for partition by sale of the whole project? Explain.rendered unfit for use. (4%) XX a. what law shall apply? Explain. an American citizen residing in the Philippines. If Ligaya. May Edwin. what law shall apply? Explain. is a naturalized Filipino citizen. Luciano de la Cruz sold to Chua Chung Chun. (2%) -NOTHING FOLLOWS- . Six years after Chua’s death. Julian moved to dismiss the suit on grounds of pari delicto. one of whom.

and non. One of its products is silver being sold to the Bangko Sentral ng Pilipinas.BAR EXAMINATION 2006 TAXATION LAW TAXATION LAW -I1. buildings. mosques. The Constitution provides "charitable institutions. reduce his output value-added tax liability d. sales of precious metals to the Bangko Sentral are considered export sales subject to zero-rated VAT. Explain. reduce his gross estate Choose the correct answer. . 5% .IV Royal Mining is a VAT -registered domestic mining entity.II What is tax pyramiding? What is its basis in law? 5% . 5% -VVanishing deduction is availed of by taxpayers to: a.III What properties are exempt from the real property tax? 5% . Distinguish "direct taxes" from "Indirect taxes". reduce his gross income c. It filed a claim with the BIR for tax refund on the ground that under Section 106 of the Tax Code. Give examples. parsonages or convents appurtenant thereto. correct his accounting records to reflect the actual deductions mad b. Is Royal Mining's claim meritorious? Explain. Enumerate the 3 stages or aspects of taxation. 5% 2. and improvements actually. Explain each.profit cemeteries and all lands. 5% 1. churches.

The law allows bookstores to claim in full the discount as a tax credit. from income tax only c. VAT. income. The BIR wants to collect a 5% gross receipts tax on the interest income of Express Transport without deducting the 20% final withholding tax.5% 3. 1. 5% . from all kinds of taxes.5% 2. from real property tax only e. the law constitutes taking of private property for public use without just compensation? Explain. 5% a. 5% . If a bookstore closes its business due to losses without being able to recoup the discount. Inc.VI Congress enacts a law granting grade school and high school students a 10% discount on all school-prescribed textbooks purchased from any bookstore. from capital gains tax only .VII Congress enacts a law imposing a 5% tax on the gross receipts of common carriers.e. Explain. 2. Express Transport earned P1 Million interest." This provision exempts charitable institutions and religious institutions from what kind of taxes? Choose the best answer. after deducting the 20% final withholding tax from its time deposits with the bank. a bus company plying the ManilaBaguio route.VIII - .. Can the BIR require the bookstores to deduct the amount of the discount from their gross income? Explain. charitable or educational purposes shall be exempt from taxation.directly and exclusively used for religious. 2. can it claim reimbursement of the discount from the government on the ground that without such reimbursement. Is the BIR correct? Explain. i. can the bookstore claim from the BIR a tax refund in lieu of tax credit? Explain. from value-added tax only d. customs duties. Express Transport. If in a taxable year a bookstore has no tax due on which to apply the tax credits. has time deposits with ABC Bank.. The law does not define the term "gross receipts". local taxes and real property tax b. In 2005.

5% . a widower. The Commissioner denied the request for reconsideration only on May 30. Court of Tax Appeals Collector of Customs Commissioner of Customs Regional Trial Court Metropolitan Trial Court Court of Appeals Supreme Court . Global Bank filed a request for reconsideration with the Commissioner of Internal Revenue. 2003. 5. Where will you file your case to protect your client's right? Choose the correct courts/agencies. 1. what will be your advice to the bank? Explain. On June 30. what steps will you take? What is your defense? 10% -XThe Collector of Customs issued an assessment for unpaid customs duties and taxes on the importation of your client in the amount of P980. has two sons by his previous marriage. observing their proper hierarchy.On June 1. 3. If you were its counsel. Charlie lives with Jane who is legally married to Mario. 5% .5% 2. They have a child named Jill.IX The Commissioner of Internal Revenue issued an assessment for deficiency income tax for taxable year 2000 last July 31. If the delinquent taxpayer is your client. 5% 1.XII - .XI Charlie. 2. 2. 2. 2003.00. The children are all minors and not gainfully employed. 4. How much additional exemption can Charlie claim? Explain. 7. 2006. How much personal exemption can Charlie claim? Explain. Global Bank received a final notice of assessment from the BIR for deficiency documentary stamp tax in the amount of P5 Million.000. at the same time serving on Global Bank a warrant of distraint to collect the deficiency tax. 2006 in the amount of P10 Million inclusive of surcharge and interests. 6.

XIV Gold and Silver Corporation gave extra 14th month bonus to all its officials and employees in the total amount of P75 Million. The suppliers of . If you were the BIR Commissioner. a pawnshop operator. As such. the Information having beer. Gerry filed a motion to quash the Information on the ground of prescription. filed with the Regional Trial Court an action questioning the validity of the RMO.XIII Gerry was being prosecuted by the BIR for failure to pay his income tax liability for Calendar Year 1999 despite several demands by the BIR in 2002. how will you resolve the issue? 5% . If you were the judge. the corporation declared a net operating loss. it purchased various supplies and materials necessary in the conduct of its manufacturing business. During its operations. Inc.er of Internal Revenue. it disallowed as item of deduction the P75 Million bonus the corporation gave its officials and employees on the ground of unreasonableness. will you dismiss the case? 5% . is a garment manufacturer located and registered as a Subic Bay Freeport Enterprise under Republic Act No.XV Lily's Fashion. The corporation claimed that the bonus is an ordinary and necessary expense that should be allowed. it is exempt from payment of all local and national internal revenue taxes. If you were the judge. after having been required by the Revenue District Officer to pay value added tax pursuant to a Revenue Memorandum Order (RMO) of the Commission. Abraham Eugenio. 7227 and a non-VAT taxpayer.Mr. When it filed its corporate income tax return the following year. The Information was filed with the RTC only last June 2006. will you dismiss the Information? Why? 5% . filed beyond the 5-year reglementary period. When the income tax return of the corporation was reviewed by the BIR the following year.

filed with the BIR a claim for refund for 'the input tax shifted to it by the suppliers. will your answer be the same? 2. Assuming Joachin is a registered owner. 2006 a list of delinquent real property taxpayers in 2 newspapers of general circulation and posted this in the main lobby of the City Hall. BAR EXAMINATION 2007 TAXATION LAW I. how will you resolve this issue? 2.00. Joachin is one of those named in the list.XVI Quezon City published on January 30. Inc.000. will you allow the refund? 5% .5% 2. He purchased a real property in 1996 but failed to register the document of sale with the Register of Deeds and secure a new real property tax declaration in his name. municipalities and cities? How will the local government units be able to exercise their taxing powers? II. the 10% VAT on the purchased items amounting to PS00. (5%) What is the nature of the taxing power of the provinces. If you were the Commissioner of Revenue. He alleged that the auction sale of his property is void for lack of due process considering that the City Treasurer did not send him personal notice. Inc. (10%) Internal . If you were the judge. For his part. otherwise the properties listed shall be sold at public auction. Lily's Fashion.5% NOTHING FOLLOWS.these goods shifted to Lily's Fashion. The notice requires all owners of real properties in the list to pay the real property tax due within 30 days from the date of publication. 1. the City Treasurer maintains that the publication and posting of notice are sufficient compliance with the requirements of the law.

Its franchise provides that PLDT will only pay 3% franchise tax in lieu of all taxes. PLDT's legislative franchise was granted sometime before 1992. What is required to make a BIR ruling of first impression a valid one? . was able to secure a Bureau of Internal Revenue (BIR) ruling in June 2005 that exempts from tax the importation some of its raw materials. Subsequently. however. III. or receipts realized. XYZ Corporation is concerned that said ruling may have a retroactive effect. an export oriented company. The legislative franchises of Smart and Globe Telecoms were granted in 1998. Their legislative franchises state that they will pay only 5% franchise tax in lieu of all taxes.The Local Government Code took effect on January 1. fees and charges are considered as National Internal Revenue Taxes under the National Internal Revenue Code (NIRC)? IV. (5%) What kind of taxes. Smart and Globe liable to pay franchise taxes? Reason briefly. The Province of Zamboanga del Norte passed an ordinance in 1997 that imposes a local franchise tax on all telecommunication companies operating within the province. (10%) XYZ Corporation. which means the interpretations made by the Commissioner of Internal Revenue is one without established precedents. Is the ordinance valid? Are PLDT. The tax is 50% of 1% of the gross annual receipts of the preceding calendar year based on the incoming receipts. the BIR issued another ruling which in effect would subject to tax such kind of importation. 1992. What are BIR rulings? b. which means that all their importations done before the issuance of the second ruling could be subject to tax. a. The ruling is of first impression. within territorial jurisdiction.

Should the difference in the supposed taxable value be legally subject to donor's tax? Reason briefly. b. Accordingly. He regularly receives a pension from his former employer in the United States. The Revenue District Officer (RDO). 000 a month. Every time he comes to the Philippines. he stays here for about a month. While in the Philippines. The property has been classified as residential and with a zonal valuation of P1. Bulacan to XYZ Corporation. (10%) ABC Corporation sold a real property in Malolos. The RDO also wanted to assess a donor's tax on the difference between the selling price based on the zonal value and the fair market value appearing in a nearby bank's valuation list. He is retired and he came back to the Philippines as a balikbayan. with his pension pay from his former employer. amounting to US$1. Does a BIR ruling have a retroactive effect. 000 a moth each. 000 per square meter. . The capital gains tax was paid based on the zonal value. (5%) Z is a Filipino immigrant living in the United States for more than 10 years. however. refused to issue the Certificate Authorizing Registration for the reason that based on his ocular inspection the property should have a higher zonal valuation determined by the Commissioner of Internal Revenue because the area is already a commercial area. considering the principle that tax exemptions should be interpreted strictly against the taxpayer? V. Does the RDO have the authority or discretion to unilaterally use the fair market value as the basis for determining the capital gains tax and not the zonal value as determined by the Commissioner of Internal Revenue? Reason briefly.c. the RDO wanted to make a recomputation of the taxes due by using the fair market value appearing in a nearby bank's valuation list which is practically double the existing zonal value. he purchased three condominium units in Makati which he is renting out for P15. a. VI.

Edgardo is a lawyer and he negotiated with the airline company and insurance company and they were able to a agree total settlement of P10 Million. 000 pension become taxable because he is now residing in the Philippines? Reason briefly. the employer should be the one assessed pursuant to Section 33 (a) of the NIRC. Is the P10 Million subject to estate tax? Reason briefly.a. the BIR assessed the company for failure to withhold the corresponding withholding tax on the amount equivalent to the one sack of rice received by all the employees. (5%) Nutrition Chippy Corporation gives all its employees (rank and file. a. During an audit investigation made by the Bureau of Internal Revenue (BIR). the value of the one sack of rice every month should be considered as part of the compensation of the rank and file subject to tax. 30 years old. VII. For the supervisors and managers. Therefore. contending that the sack of rice is considered as additional compensation for the rank and file employees and additional fringe benefit for the supervisions and managers. b. Should Edgardo report the P10 Million as his income being Antonia's only heir? Reason briefly. Is his purchase of the three condominium units subject to any tax? Reason briefly. Is there a legal basis for the assessment made by the BIR? Explain your answer. (10%) Weber Realty Company which owns a threehectare land in Antipolo entered into a Joint Venture Agreement (JVA) with Prime . is the sister of Edgardo Santos. Edgardo was her only heir. (5%) Antonia Santos. b. gainfully employed. She died in an airplane crash. VIII. Does the US$1. supervisors and managers) one sack of rice every month valued at P800 per sack. This is what Antonia would have earned as somebody who was gainfully employed. IX.

She died leaving three condominium . Weber Realty as owner of the land contributed the land to the Joint Venture and Prime Development agreed to develop the same into a residential subdivision and construct residential houses thereon. b. The parents of Noel are made the beneficiaries of the insurance policy. XII. X. died on November 10. He was hired by Hewlett Packard.Development Company for the development of said parcel of land. To entice him to accept the offer for employment. They agreed that they would divide the lots between them. Can the company deduct from its gross income the amount of the premium? Briefly. a. he was offered the arrangement that part of is compensation would be an insurance policy with a face value of P20 Million. c. (5%) Remedios. Is the donation subject to donor's tax? Reason Briefly. Will the proceeds of the insurance form part of the income of the parents of Noel and be subject to income tax? Reason briefly. in favor of the Sisters of the Holy Cross. a group of nuns operating a free clinic and high school teaching basic spiritual values. Are the allocation and distribution of the saleable lots to Weber and prime subject to income tax and to expanded withholding tax? Explain briefly. a. (5%) The Congregation of the Mary Immaculate donated a land a dormitory building located along España St. (10%) Noel Santos is a very bright computer science graduate. Is the sale by Weber or Prime of their respective shares in the saleable lots to third parties subject to income tax and to expanded withholding tax? Explain briefly. XI. 2006. Does the JVA entered into by and between Weber and Prime create a separate taxable entity? Explain briefly. a resident citizen. b.

. NOTHING FOLLOWS. Does the condition that the basis of the estate tax will be the value at the time of the payment have legal basis? Reason briefly. He reported her death on December 5.units in Quezon City valued at P5 Million each. Juan Gonzales bought one hectare of agricultural land in Laguna for P100. what are the requirements to allow such extension? b. a. XIII. 2006 and filed the estate tax. Upon execution of the judgement and when trying to get the tax Credit Certificates (TCC) representing the refund. BAR EXAMINATION 2008 TAXATION LAW I. Alpha Corporation acquired the property in 2007 for P9 million. Juan Gonzales agreed to exchange his agricultural lot in Laguna for a one-half hectare residential property located in Batangas. a domestic corporation engaged in the purchase and sale of real property. the Bureau of Internal Revenue (BIR) refused to issue the TCC on the basis of the fact that the corporation is under audit by the BIR and it has a potential tax liability. In January 1970. (5%) ABC Corporation won a tax refund case for P50 Million. with a fair market value of P10 million. he asked the Commissioner of Internal Revenue to give him one year to pay the estate tax due. Rodolfo was her only heir.000. This property has a current fair market value of P10 million in view of the construction of a concrete road traversing the property. owned by Alpha Corporation. The Commissioner approved the request for extension of time provided that the estate tax be computed on the basis of the value of the property at the time of payment of the tax. Is there a valid justification for the BIR to withhold the issuance of the TCC? Explain your answer briefly. Does the Commissioner of Internal Revenue have the power to extend the payment of estate tax? If so.

2008. the administrator of the estate and SLC jointly announced their big plans to start conversion and development of the agricultural lands in Sta. Rosa. He bought the said real property for P2 million fifty years ago. After 9 months. Laguna with current fair market value of P20 million.. The withholding tax return was filed and tax remitted to the BIR on January 10 of the following year. what is the tax based and rate? Explain. ( 3% ) b. USA. 2007. arising from erroneously paid income taxes covering the years 2004 and 2005. Is Alpha Corporation subject to income tax on the exchange of property? If so. DEF Corporation paid annual royalties to DEF. Laguna.a. The spouses owned. what is the correct value to used for estate tax purposes? Explain. Filipino citizen. Inc. ( 3% ) B ) If you disagree. What is the nature of real properties exchanged for tax purposes . A ) Is the BIR correct in valuing the real property at P40 million? Explain. a well-known real estate development company. On April 10. for the use of the latter's software. as with holding agent of the government. what is the tax base and rate? Explain. ( 3% ) III DEF Corporation is wholly owned subsidiary of DEF.2008. died in a vehicular accident in NLEX on July 10. Inc. 2004. Rosa. by including in the gross estate the real property at P2 million.capital asset or ordinary asset? Explain. Starting December 15. which was subject to matter of a Joint Venture Agreement about to be implemented with Star Land Corporation ( SLC ). Is Juan Gonzales subject to income tax on the exchange of property? If so. for which the former. the prices of real properties in the locality have doubled. 2007 DEF Corporation filed written claim for tax credit with the BIR. into first-class residential and commercial centers.. withheld and remitted to the BIR the 15% final tax based on the gross royalty payments. The following . As a result. among others. ( 3% ) c. California. a 100-hectare agricultural land in Sta. the BIR issued deficiency estate tax assessment. by valuing the real property at P40 million. On January 5. married to Maria Cerna. ( 3% ) II Jose Cerna. The administrator of the Estate of Jose Cernan filed the estate tax return on January 9.

was secured from the BIR National Office and a Certificate Authorizing Registration was issued by the Revenue District Officer (RDO) where the property was located. she sold her . expressed its desire to buy the Makati property at its fair market value P300 million. would you raise the defense of prescription in your answer to the claim for tax credit? Explain. purchased a lot in Makati City in 1980 at a price of P1 million. a. if they are taxable. payable as follows : (a) P60 million down payment.day. a real estate developer. a domestic corporation engaged in manufacturing paper products. ( 3% ) IV JKL Corporation is a domestic corporation engaged in the importation and sale of motor vehicles in the Philippines and is duly registered with the Subic Bay Metropolitan Authority ( SBMA ). it imported several secondhand motor vehicles from Japan and Korea. ( 3% ) V Maria Suerte. EIP Corporation. ( 4% ) b. A BIR ruling. owned 99% by Maria Suerte. which it stores in a warehouse in Subic Bay. In December 2007. confirming the tax-free exchange of property for shares of stock. to persons residing in the customs territory. As a BIR lawyer handling the case. Subsequently. payable equally in twenty four (24) monthly consecutive installments. DEF Corporation filed a petition for review with the court of Tax Appeals involving the tax credit claim for 2004 and 2005. In October 2007. a. and (b) balance. Said property has been leased to MAS Corporation. when must the duties and taxes be paid? What are the bases for and purposes of computing customs duties and VAT? To whom must the duties and VAT be paid? Explain. ( 4% ) b. Maria Suerte exchanged her Makati property for shares of stock of MAS Corporation. It sold these motor vehicles in April 2008. Can the BIR lawyer raise the defense that DEF Corporation is not the proper party to file such claim for tax credit? Explain. Are the importations of motor vehicles from abroad subject to customs duties and value added taxes? Explain. Upon the advice of a tax lawyer. a Filipino citizen.

00 P10.000.00 5.0 0 a.000.00 500.000 . ( 4% ) . Assunta also died in the hospital.000 .00 300. Is the Estate of Jaime Asuncion liable for estate tax? Explain.00 ( 35% on P299 million gain from sale of real property ).00 0.000. Is the contention of the RDO tenable? Or was it tax avoidance that Maria Suerte had resorted to? Explain.000. met an accident that caused the instantaneous death of Jaime.000 ( P100.000 .00 00.200. After evaluating the capital gains tax payment.0 00. and only son Jaime. ( 6% ) VI While driving his car to Baquio last month. Pedro Asuncion. Maria Suerte paid only the capital gains tax of P29.0 P1.000. In view of the tax advice.000. The spouses and their son had the following assets and liabilities at the time of death : Jaime Exclusiv e Assunta Exclusive Conjugal Cash Cars Land Reside ntial House Mortga ge Payabl e Funera l Expen ses P2.00 2.500. 00. Slating that she commited tax evasion.00 x 10% ).000.0 0 2. together with his wife Assunta.entire stock holdings in MAS Corporation to EIP Corporation for P300 million.000 x 5% plus P298.00 4. instead of the corporate income tax of P104. the RDO wrote a letter to Maria Suerte.895.900. The following day.650.

This car was. may the Collector of Customs declare the imported car forfeited in favor of the government? Explain. Subsequently. 2007.000 and corresponding customs duties and taxes were paid thereon. 2007 a. What is an assessment notice? What are the requisites of a valid assessment? Explain ( 3% ) b.b. was mailed and released by the BIR on April 15. ( 5% ) IX William Antonio imported into the Philippines a luxury car worth US$100. imposing a 5% tax on gross receipts on rentals of space in privately-owned public markets.000 and due date for payment of April 30. however. showing basic tax of P1. the Collector of Customs discovered the underdeclaration and he initiated forfeiture proceedings of the imported car. Do you agree with the Corporation? Explain. a. containing the tax assessment. VIII The City of Manila enacted an ordinance. ( 3% ).000 deficiency interest of P400.000. Is vanishing deduction applicable to the Estate of Assunta Asuncion? Explain ( 4% ) VII After examining the books and records of EDS Corporation. stating that the tax is an income tax. declared only for US$20.00. which cannot be imposed by the city government. As tax lawyer of EDS Corporation. the 2004 final assessment notice. BAT Corporation questioned the validity of the ordinance. was received by the EDS Corporation on April 25. but without the demand letter. 2007. Are forfeiture proceedings of goods illegally imported criminal in nature? Explain ( 3% ) X position of BAT . ( 3% ) b. what legal defense(s) would you raised against the assessment? Explain. The registered letter.

75 million. On January 10.S. which he acquired in 2000 for P15 million. U. Since Manalo did not derive any ordinary income. who is another U. If you were hired by Manalo as his tax consultant. ( 3% ) b. Is the BIR officer's tax assessment correct? Explain.S. If John McDonald deriectly sold the shares to his best friend. A Filipino citizen residing in Makati City. 2006 Manalo filed the capital gains tax return and paid P1.S. Is John McDonald subject to Philippine Income Tax on the sale of his shares through his stockbroker? Is he liable for any other tax? Explain. California.000. without the capital gains tax paid being allowed as tax credit. a U.A. for P20 million. Citizen residing in Makati City. at a gain of P200. On February 9. a. ( 3% ) XII Greenhills Condominium Corporation incorporated in 2001 is a non-stock. another Filipino citizen residing in Quezon City. Is he liable for Philippine Income Tax? If so. non profit association of unit owner in Greenhills Tower. a. San Juan City.2 million representing 6% capital gain tax. Citizen residing in Makati.000. 2006 he sold said real property to Juan Mayaman. bought shares of stock of a domestic corporation whose shares are listed and traded in the Philippine Stock Exchange at the price of P2 million Yesterday. he sold the shares of stock through his favorite Makati stockbroker at a gain of P200. ( 3% ) b. what advice would you give him to protect his interest? Explain. no income tax returnn was filed by him for 2006. what is the ntax base and rate? ( 3% ) XI Pedro Manalo. After the tax audit conducted in 2007.John McDonald. the BIR officer assessed Manalo for deficiency income tax computed as follows: P5 million ( P20 million less P 15 million ) x 35% = P1.75 million deficiency income tax. To be able to reduce the association . Manalo consulted a real estate broker who said that the P1. owns a vacation house and lot in San Francisco.2 million capital gains tax should be credited from P1.

with principal place of business in Cubao. 2007 to December P 31. Quezon City.000. 2007 10. both Filipino citizens. (3%) b.000. 2007 to June P 30.0000.000 a month beginning January 2008? Explain. 2007 based on gross dales of P15 million. to engage in trading of school supplies. are the owners of a residential house and lot in Quezon City.dues being collected from the unit owners.000. Will the association be liable for value added tax in 2008 if it increases the rental to P150. it paid its 2% business tax for fiscal year ending June 30. 2006 to December P 31. 2006. After the . Since MNO Corporation adopted fiscal year ending June 30 as its taxable year for income tax purpose. non-profit association liable for value added tax in 2007? If your answer is in the negative. 2006 5. (3%) XIII MNO Corporation was organized on July 1. May the deficiency business tax be paid in installments without surcharge and interest? Explain. 2007 15.000 a month or P1. Is the position of the city treasurer tenable? Explain. January 1. (3%) XIV Spouses Jose San Pedro and Clara San Pedro.44 million for the year. July 1. Its book of account and income statement showing gross sales as follows: July 1. the Quezon City Treasurer assessed the corporation for deficiency business tax for 2007 based on gross sales of P25 million alleging that local business taxes shall be computed based on calendar year. a.000. a. the Board of Directors of the corporation agreed to lease part of the ground floor of the condominium building to DEF Saving Bank for P120. is it liable for another kind of business tax? (4%) b.000. However. starting January 2007. Is the non-stock.

Is the bank correct in withholding the 20% final tax on the entire interest income? Explain. (5%) a. a. b) Are Jose and Clara subject to donor's tax? If so. (4%) XV In 2007. Renato is an overseas worker in Hong Kong while Judy lives and works in Manila. . (4%) b. the real property has a fair market value of P2 million. b. (4%) b. the bank paid interest income of P10. the spouses donated said real property to them. Explain your answer in not more than two (2) sentences. spouses Renato and Judy Garcia opened peso and dollar deposits at the Philippine branch of the Hong Kong Bank in Manila. At the time of donation. Answer TRUE if the statement is true. During the year. Mario. to Maria. (3%) BAR EXAMINATION 2009 TAXATION LAW PART I I TRUE or FALSE. a. Are Mario and Maria subject to income tax the value of the real property donated to them? Explain. the Commissioner of Internal Revenue may validly compromise the tax liability. how much is the taxable gift of each spouse and what rate shall be applied to the gift? Explain. or FALSE if the statement is false.recent wedding of their son. When the financial position of the taxpayer demonstrates a clear inability to pay the tax.000 on the dollar deposit. A law that allows taxes to be paid either in cash or in kind is valid. Are the interest incomes on the bank deposits of spouses Renato and Judy Garcia subject to income tax? Explain. The bank withheld final income tax equivalent to 20% of the entire interest income and remitted the same to the BIR.000 on the peso deposit and USS1.

d. A law imposing a tax on income of religious institutions derived from the sale of religious articles is valid. how much and why? If not.00 per square meter.00. and then submitted the case for decision. (ITI) filed a claim for refund for unutilized input VAT with the Court of Tax Appeals (CTA). 1996. why not? (4%) b. ITI offered in evidence only the summary prepared by the CPA.000. a. Is Melissa liable to pay capital gains tax on the transaction? If so. The doctrine of equitable recoupment allows a taxpayer whose claim for refund has prescribed to offset tax liabilities with his claim of overpayment. e. how much and why? If not.c. she sold the lot for P600. on cash basis. without the invoices and the receipts. Inc. A false return and a fraudulent return are one and the same. In the course of the trial. ITI engaged the services of an independent Certified Public Accountant (CPA) who examined the voluminous invoices and receipts of ITI.000. Explain each item briefly. (4%) III Melissa inherited from her father a 300-squaremeter lot. to defray the cost of the medical expenses of her sick son. On February 28. Due to the discrepancy. the property was valued at P720. and paid less than the actual taxes and duties due. At the time of her father's death on March 14. (4%) V Jessie brought into the Philippines a foreign-made luxury car. the Bureau of . The prevailing market value of the property at the time of the sale was P3.00. II Enumerate the four (4) inherent limitations on taxation. 1995. Is Melissa liable to pay Value Added Tax (VAT) on the sale of the property? If so. why not? (4%) IV International Technologies. Can the CTA grant ITI's claim for refund based only on the CPA's summary? Explain.000.

The Collector of Customs denied Jessie's request for the withdrawal of the warrant. Aggrieved. with principal office in Makati. or service passengers embarking from Philippine airports. used as storage space for the copra purchased in Sampaloc and nearby towns before the same is shipped to Makati. . then parked inside a pay parking garage. MMC goes to court to challenge the validity of the ordinance. Philippine Airlines (PAL). It is not licensed to do business in the Philippines. was seized and brought by government agents to a government impounding facility. Jessie filed against the Collector a criminal complaint for usurpation of judicial functions on the ground that only a judge may issue a warrant of search and seizure. demanding the refund of the storage fees it paid under protest. It has a warehouse in Sampaloc. The car.Customs instituted seizure proceedings and issued a warrant of seizure and detention. Quezon. is engaged in the manufacture of soap. Quezon. Resolve with reasons Jessie's criminal complaint.10) for every 100 kilos of copra deposited in any bodega within the Municipality's jurisdiction. and other coconut oil-based products. organized under the laws of Kenya. a. edible oil. Its commercial airplanes do not operate within Philippine territory. Is the ordinance valid? Explain your answer. (4%) b. The firm is represented in the Philippines by its general agent. a Philippine corporation. margarine. Would your answer be the same if the luxury car was seized while parked inside the garage of Jessie's residence? Why or why not? (4%) VI The Sangguniang Bayan of the Municipality of Sampaloc. The Metropolitan Manufacturing Corporation (MMC). passed an ordinance imposing a storage fee of ten centavos (P0. (4%) VII Kenya International Airlines (KIA) is a foreign corporation.

Is the position of KIA tenable? Reasons.00 should be considered as income derived exclusively from sources outside the Philippines since KIA only serviced passengers outside Philippine territory. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at the rate of 35% on its taxable income.00. a Philippine corporation.156. and these tickets are serviced by KIA airplanes outside the Philippines. finding that KIA's airline ticket sales constituted income derived from sources within the Philippines. Among those subjected to the occupation tax . and these tickets are serviced by KIA airplanes outside the Philippines.968. 55-66 which imposes a municipal occupation tax on persons practicing various professions in the city. KIA filed a protest on the ground that the P2. (4%) VII Kenya International Airlines (KIA) is a foreign corporation.968. or service passengers embarking from Philippine airports.00 should be considered as income derived exclusively from sources outside the Philippines since KIA only serviced passengers outside Philippine territory. finding that KIA's airline ticket sales constituted income derived from sources within the Philippines. Philippine Airlines (PAL). Is the position of KIA tenable? Reasons.968. Its commercial airplanes do not operate within Philippine territory. KIA sells airplane tickets through PAL.KIA sells airplane tickets through PAL.968.156.156. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at the rate of 35% on its taxable income.156. It is not licensed to do business in the Philippines. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to P2.00. The firm is represented in the Philippines by its general agent. organized under the laws of Kenya. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to P2. (4%) VIII The City of Manila enacted Ordinance No. KIA filed a protest on the ground that the P2.

Furthermore. .30% for individual and 35% for corporate nonresident stockholders --. manage and maintain the power barges for the purpose of converting the fuel of RPC into electricity. RPC entered into an agreement with Jethro Energy Corporation (JEC). shall be for the account of RPC. these U. JEC sought reconsideration of the assessment on the ground that the power barges are exempt from real estate taxes under Section 234 [c] of R.A. in respect of the power barges. in order to provide electricity to Southern Tagalog provinces. Is the contention of JEC correct? Explain your answer. The corresponding withholding tax on dividend income --. Atty. In 2007. Decide with reasons. all of which JEC shall supply at its own cost. machinery. (4%) X ABCD Corporation (ABCD) is a domestic corporation with individual and corporate shareholders who are residents of the United nd States. The contract provides that JEC shall own the power barges and the fixtures. rates and other charges. a government-owned and controlled corporation. RPC should be held liable therefor. He goes to court to assail the validity of the ordinance for being discriminatory. Mariano Batas. (3%) IX Republic Power Corporation (RPC) is a government-owned and controlled corporation engaged in the supply. In 2005. even assuming that the power barges are subject to real property tax.S. and that JEC shall operate.were lawyers. and equipment therein. generation and transmission of electric power. directly and exclusively used by RPC.was deducted at source and remitted to the BIR. 7160 as they are actually. in accordance with the terms of the lease agreement. fittings. who has a law office in Manila. for the lease of JEC's power barges which shall be berthed at the port of Batangas City. pays the ordinance-imposed occupation tax under protest. JEC received an assessment of real property taxes on the power barges from the Assessor of Batangas City. The contract also stipulates that all real estate taxes and assessments. For the 2 quarter of 1983.based individual and corporate stockholders received cash dividends from the corporation.

the deduction withheld at source as tax on dividends earned was fixed at 25% of said income. Is the contention of ABCD Corporation correct? Why or why not? (3%) PART II XI Raffy and Wena. d. are both employed by XXX Corporation.On May 15. Each spouse shall be taxed separately on their corresponding taxable income to be . On January 17. The coffee shop is registered in the name of both spouses. Thus. b. Does ABCD Corporation have the legal personality to file the refund on behalf of its non-resident stockholders? Why or why not? (3%) b. ABCD filed with the Commissioner of Internal Revenue a formal claim for refund. 1984.S. Which of the following is the correct way to prepare their income tax return? Write the letter only. All the income will be declared by Raffy alone. and Raffy will declare the income from the coffee shop. husband and wife. because only one consolidated return is required to be filed by the spouses. The Commissioner denied the claim. c. ABCD asserted that it overpaid the withholding tax due on the cash dividends given to its non-resident stockholders in the U. (2%) a. they jointly manage a coffee shop at the ground floor of their house. The income from the coffee shop shall be equally divided between them. ABCD filed a petition with the Court of Tax Appeals (CTA) reiterating its demand for refund. while Wena will declare the income from the coffee shop. After office hours. alleging that under the RP-US Tax Treaty. Raffy will declare as his income the salaries of both spouses. DO NOT EXPLAIN YOUR ANSWER. 1985. a. Raffy will declare his own compensation income and Wena will declare hers. Wena will declare the combined compensation income of the spouses.

Is YYY's claim of deduction proper? Reasons. (3%) XIV . Wilma. Zandro died in 2007. Yuri paid all the corresponding taxes on the transaction. The fair market value (FMV) of the painting at the time of the purchase was P1-million. (4%) XIII In 1999. Xavier purchased from his friend.covered by one consolidated return for the spouses. and Wilma succeeded to the property. as successor to the painting in the event of Zandro's death. and the tax is computed on the aggregate taxable income of the spouses. Xavier bequeathed the painting. Zandro. a painting for P500. In his last will and testament. Yuri. (3%) b. Raffy will declare his own compensation income and Wena will declare hers. be subject to estate tax? Explain. already worth P1. to his only son. Should the painting be included in the gross estate of Xavier in 2001 and thus. the law firm billed the corporation only in 2008. The will also granted Zandro the power to appoint his wife. The income from the coffee shop shall be equally divided between them.5-million. XII YYY Corporation engaged the services of the Manananggol Law Firm in 2006 to defend the corporation's title over a property used in the business. Raffy will file one income tax return to cover all the income of both spouses. Should the painting be included in the gross estate of Zandro in 2007 and thus. a. May a vanishing deduction be allowed in either or both of the estates? Explain. (3%) c. In 2001. For the legal services rendered in 2007.00. The corporation duly paid. be subject to estate tax? Explain. e. Xavier died. because the exact amount of the expense was determined only in 2008.000. YYY Corporation claimed this expense as a deduction from gross income in its 2008 return.

he now plans to file an amended income tax return for 2007. but was eventually denied by the Commissioner of Internal Revenue in a decision dated June 15. and why? (4%) XV Miguel. His gross rental income for one year is P1. in order to claim itemized deductions. Is Miguel entitled to the rule of reciprocity in order to be exempt from the Philippine donor's tax? Why or why not? (3%) XVI Ernesto. He consults you on whether it is necessary for him to register as a VAT taxpayer. but the CTA dismissed the same. to his legitimate son.Emiliano Paupahan is engaged in the business of leasing out several residential apartment units he owns. Will Ernesto be allowed to amend his return? Why or why not? (4%) XVII A final assessment notice was issued by the BIR on June 13.000. What legal advice will you give him. Mexico does not impose any transfer tax of whatever nature on all gratuitous transfers of property.00 worth of stocks in Barack Motors Corporation. . 2000.00 to P10. filed his income tax return for 2007 claiming optional standard deductions. 2000. The protest was initially given due course. The taxpayer then filed a petition for review with the Court of Tax Appeals (CTA). and received by the taxpayer on June 15. a. The monthly rental for each unit ranges from P8. a citizen and resident of Mexico. Is Miguel entitled to claim a dowry exclusion? Why or why not? (3%) b. a Filipino citizen and a practicing lawyer.650. donated US$1.000. The taxpayer protested the assessment on July 31.00. since no audit has been commenced by the BIR on the return he previously filed. a Mexican company.000.000. 2000.00. Miguelito. 2005. Realizing that he has enough documents to substantiate his profession-connected expenses. who is residing in the Philippines and about to be married to a Filipino girlfriend.

a. Is the CTA correct in dismissing the petition for review? Explain your answer. (4%) b. Assume that the CTA's decision dismissing the petition for review has become final. May the Commissioner legally enforce collection of the delinquent tax? Explain. (4%) XVIII A taxpayer received an assessment notice from the BIR on February 3, 2009. The following day, he filed a protest, in the form of a request for reinvestigation, against the assessment and submitted all relevant documents in support of the protest. On September 11, 2009, the taxpayer, apprehensive because he had not yet received notice of a decision by the Commissioner on his protest, sought your advice. What remedy or remedies are available to the taxpayer? Explain. (4%) XIX Johnny transferred a valuable 10-door commercial apartment to a designated trustee, Miriam, naming in the trust instrument Santino, Johnny's 10-year old son, as the sole beneficiary. The trustee is instructed to distribute the yearly rentals amounting to P720,000.00. The trustee consults you if she has to pay the annual income tax on the rentals received from the commercial apartment. a. What advice will you give the trustee? Explain. (3%) b. Will your advice be the same if the trustee is directed to accumulate the rental income and distribute the same only when the beneficiary reaches the age of majority? Why or why not? (3%) XX Masarap Food Corporation (MFC) incurred substantial advertising expenses in order to protect its brand franchise for one of its line products. In its income tax return, MFC included the advertising expense as deduction from gross income, claiming it as an ordinary business expense. Is MFC correct? Explain. (3%) -NOTHING FOLLOWS-

BAR EXAMINATION LABOR AND SOCIAL LEGISLATION LABOR AND SOCIAL LEGISLATION -I-

2006

1. What is the purpose of labor legislation? 2.5% 2. What is the concept of liberal approach in interpreting the Labor Code and its Implementing Rules and Regulations in favor of labor? 2.5% 3. What property right is conferred upon an employee once there is an employeremployee relationship? Discuss briefly. 5% - II Wonder Travel and Tours Agency (WTTA) is a well known travel agency and an authorized sales agent of the Philippine Air Lines. Since majority of its passengers are overseas workers, WTTA applied for a license for recruitment and placement activities. It stated in i.ts application that its purpose is not for profit but to help Filipinos find employment abroad. Should the application be approved? 5% - III Can an overseas worker refuse to remit his earnings to his dependents and deposit the same in the country where he works to gain more interests? Explain. 5% - IV For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. Their employment contract was for six (6) months. The bank terminated their employment on the ground that their contract has expired prompting them to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? 5% -VCan an employer and an employee enter into an agreement reducing or increasing the minimum

percentage provided for night differential pay, overtime pay, and premium pay? 5% - VI 1. When is there a wage distortion ? 2. How should a wage distortion be settled? 3. Can the issue of wage distortion be raised in a notice of strike?Explain. 10% - VII Inday was employed by Herrera Home Improvements, Inc. (Herrera Home) as interior decorator. During the first year of her employment, she did not report for work for one month. Hence, her employer dismissed her from the service. She filed with the Labor Arbiter a complaint for illegal dismissal alleging she did not abandon her work and that in terminating her employment, Herrera Home deprived her of her right to due process. She thus prayed that she be reinstated to her position. Inday hired you as her counsel. In preparing the position paper to be submitted to the Labor Arbiter, explain the standards of due process which should have been observed by Herrera Home in terminating your client's employment. 5% - VIII The modes of determining bargaining agreement are: a. voluntary recognition b. certification election c. consent election Explain briefly how they differ from one another. 5% - IX Armstrong Corporation, a foreign corporation, intends to engage in the exploration of Philippine natural resources. Mr. Antonio Reyes offered the forest land he owns to the president of the corporation. May Armstrong Corporation enter into a financial and technical assistance agreement (FTAA) with Mr. Reyes to explore, develop, and utilize the land? Explain. 5% an exclusive

the personnel manager required them to explain why they should not be dismissed from employment for abandonment and failure to qualify for the positions applied for . . ROSE Corporation hired replacements. can it refuse to admit the replaced strikers? .5% 2. eight (8) employees were berated and insulted by their supervisor.-XABC Tomato Corporation. They filed a complaint for illegal dismissal against their employer. Are the employees entitled to separation pay? 2. Are the employees entitled to separation benefits? 2.5% . owned and managed by three (3) elderly brothers and two (2) sisters. several employees committed illegal acts. In protest.XI As a result of bargaining deadlock between ROSE Corporation and ROSE Employees Union. 10% 1. 1. During the strike.5% If the reason for the closure is due to old age of the brothers and sisters: 1. As counsel for the corporation. Later. Can ROSE Corporation refuse to admit all the strikers? 2. Eventually. has been in business for 40 years. Assuming the company admits all the strikers. Due to serious business losses and financial reverses during the last five (5) years. what steps will you take prior to its closure? 2. The supervisor shouted at them to go home and never to report back to work.5% 2. If due to the prolonged strike. The company refused to give in to the union's demands. Is the closure allowed by law? 2. they walked out. its members staged a strike. they decided to close the business. can it later on dismiss those employees who committed illegal acts? 3. its members informed the company of their intention to return to work.XII During their probationary employment.

When does a "run-off" election occur? 2.XIV Determine whether the following minors should be prohibited from being hired and from performing their respective duties indicated hereunder: 5% 1.XV As a condition for her employment. An 11-year old boy who is an accomplished singer and performer in different parts of the country. she will be considered resigned or separated from the service. A 15-year old girl working as a library assistant in a girls' high school. 4. Josephine signed an agreement with her employer that she will not get married. 2. She hires you as her counsel. Can a "no-union" win in a certification election? 2. how will you resolve the case? 10% . 3. insinuating some sexual favors. if the company can reconsider the agreement.XIII 1. Josephine got married. He told Josephine he can do something about it. the personnel manager. What action or actions will you take? Explain.As a Labor Arbiter. 5. 5% NOTHING FOLLOWS.5% . She complained to higher authorities but to no avail. She asked Owen. A 16-year old girl working as a model promoting alcoholic beverages. BAR EXAMINATION 2007 LABOR AND SOCIAL LEGISLATION -I(5 Points) . otherwise. A 17-year old boy working as a miner at the Walwaldi Mining Corporation. .5% 2. A 17-year old boy working as a dealer in a casino.

b. a. . What is the principle of codetermination? b. b. is the basis under the Constitution for adopting it? . a. Discuss the types of illegal recruitment under the Labor Code. how do you stay a decision. In initiating actions against alleged illegal recruiters. if any. award or order of the Labor Arbiter? Discuss fully. Maya househelp be assigned to nonhousehold work? . a. Explain a. . The Community of Interest Rule. The Globe Doctrine.III (5 Points) 3.IV (5 Points) 4. may the Secretary of Labor and Employment issue search and arrest warrants? .II (5 Points) 2. What.1.VI (5 Points) Procedurally.VII (5 Points) . -V(5 Points) May non-lawyers appear before the NLRC or Labor Arbiter? May they charge attorney's fee for such appearance provided it is charged against union funds and in an amount freely agreed upon by the parties? Discuss fully. Discuss the statutory restrictions on the employment of minors? b.

May the NLRC or the courts take jurisdictional cognizance over compromise agreements/settlements involving labor matters? b. a.XI (5 Points) 11.7. When is retirement due for underground miners? . had become final and executory? Discuss fully. a. b. A rule. . a. How sacrosanct are statements/data made at conciliation proceedings in the Department of Labor and Employment? What is the philosophy behind your answer? .IX (5 Points) Discuss the legal requirements of a valid strike. How do you execute a labor judgment which. Cite two instances when an order of execution may be appealed. when is retirement due? b. on appeal.VIII (5 Points) Discuss in full the jurisdiction over the civil and criminal aspects of a case involving an unfair labor practice for which a charge is pending with the Department of Labor and Employment. . (5 Points) X - Discuss briefly the instances when noncompliance by the employer with a reinstatement order of an illegally dismissed employee is allowed. .XII (5 Points) 12.

. she was permitted to go on leave for medication. As the lawyer.XIII (5 Points) May a decision of the Labor Arbiter which has become final and executory be novated through a compromise agreement of the parties? . She applied for maternity leave but her employer refused the application because she is not married.. Is the carpenter a regular or a casual employee? Discuss fully. While attending to her assigned task. Their employer wants all the strikers dismissed.D. . She filed a complaint for illegal dismissal but her employer X contended that .XVI (5 Points) A carpenter is employed by a private university in Manila. is pregnant with her fifth child. but thereafter she was not allowed to return to work. single and living-in with CD (a married man).XIV (5 Points) AB. what will you advise the employer? Discuss fully.XVIII (5 Points) Inday was employed by mining company X to perform laundry service at its staffhouse. Who is right? Decide. . Unable to continue with her work. she slipped and hit her back on a stone. . 1508 requires the submission of disputes before the Barangay Lupong Tagapamayapa prior to the filing of cases with the courts or other government bodies.XV (5 Points) Some officers and rank-and-file members of the union staged an illegal strike.XVII (5 Points) P. May this decree be used to defeat a labor case filed directly with the Labor Arbiter? Discuss fully.

(3%) b. Explain the automatic renewal clause of collective bargaining agreements. . Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory arbitration? Why or why not? (3%) .Inday was not a regular employee but a mere househelp.II a. Explain the extent of the workers right to participate in policy and decision-making process as provided under Article XIII. Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be submitted to voluntary arbiration? Why or why not? (3%) c. seeks entry to the country to work as Vice-President of a local telecommunications company. Section 3 of the Philippine Constitution. . Decide. BAR EXAMINATION 2008 LABOR LAW -Ia.XIX (5 Points) Cite five grounds for disciplinary action by the Philippine Overseas Employment Administration (POEA) against overseas workers. NOTHING FOLLOWS. Does it include membership in the Board of Directors of a corporation? (3%) . You are with the Department of Labor and Employment (DOLE). if any.III - . What issues or disputes may be the subject of voluntary arbiration under the Labor Code? (4%) b. a non-resident American.XX (5 Points) AB. can the DOLE issue so that AB can assume as Vice-President in the telecommunications company? Discuss fully. What permit.

argued that Lina. another person is hired as replacement. et al. in defense.IV - . Agreed . a. The Regional Director adopted the recommendation and issued a compliance order. report at specified hours. (4%) b. He wrote the Secretary of Labor a letter asking him to assume jurisdiction over the dispute and enjoin the hunger "strike". their constitutional right to security of tenure was violated when they were dismissed without valid. joined Lina's hunger strike. SDS. Assume that no fixed-term worker complained.prior to engagement . Soon thereafter. Lina and 20 other saleladies filed a complaint for illegal dismissal. an eyesore and disruptive of SDS business.Savoy Department Store (SDS) adopted a policy of hiring salesladies on five-month cycles. Those who refuse the 5-month employment contract are not hired. and are subject to SDS workplace rules and regulations. Is the compliance order valid? Explain your answer. yet in a routine inspection a labor inspector of the Regional Office of the Labor Code's security of tenure provisions and recommended to the Regional Director the issuance a compliance order. she went on a hunger strike and stationed herself in front of one of the gates of SDS.. conteding that they are SDS regular employees as they performed activities usually necessary or desirable in the usual business or trade of SDS and thus. other employees whose 5-month term had also elapsed. At the end of a saleslady's five-month term. What answer will you give if you were the Secretary of Labor? (3%) c..to a fixed period employment and thus waived their right to a full-term tenure. Lina wore her SDS white and blue uniform and reported for work but was denied entry into the store premises. were SDS uniforms. just or authorized cause. Salesladies attend to store customers. Agitated. Decide the dispute. (3%) . The day after expiration of her 5-month engagement. The owner of SDS considered the hunger strike staged by Lina. et al.

RSC assumes under the agreement --full obligation for the payment of the salaries and other statutory monetary benefits of its members deployed to PizCorp. (6%) -VThe Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC) entered into a "service agreement" where RSC in consideration of service fees to be paid by PizCorp's will exclusively supply PizCorp with a group of RSC motorcycle-owning cooperative members who willhenceforth perform PizCorp's pizza delivery service.00 Is RSC engaged in "labor only" contracting. including the power to dismiss. (3%) b. the Secretary of Labor issued an order assuming jurisdiction over the dispute and enjoining the strike. (4%) c.Super Comfort Hotel employed a regular pool of "extra waiters" who are called or asked to report for duty when the Hotel's volume of business is beyond the capacity of the regularly employed waiters to undertake. The parties also stipulated that there shall be no employer-employee relationship between PizCorp and the RSC members. or if one has commenced. The return-to-work order required the . if PizCorp is materially prejudiced by any act of the delivery impose disciplinary sanctions on. the erring RSC member/s. a.VI On the day that the Union could validly declare a strike.000. What is Pedro's status as an employee under the Labor Code? Why? Explain your answer fully. ordering the striking workers to immediately return to work. Based on the test/s for employeremployee relationship. permissible job contracting or simply. determine the issue of who is the employer of the RSC members. He is also called upon to work on weekends. Assume that RSC has a paid-up capitalization of P1. Pedro has been an "extra waiter" for more than 10 years. However. on holidays and when there are big affairs at the hotel. recruitment? (3%) .000. Is the contractual stipulation that there is no employer-employee relationship binding on labor officials? Why? Explain fully.

Hence. however. reasoning out that he is waiving his social security coverage. Decide. if any. he asked his employer to stop deducting from his salary his SSS monthly contribution. The Company. instead. claiming that they do so in compliance with the Secretary's return-towork order that binds them as well as the Company.VII Tito Paciencioso is an employee of a foundry shop in Malabon.m. On the 3rd day. The Union members did not return to work on the day the Secretary's assumption order was served nor on the next day. of the acts of the employees? (3%) . would you grant his request? Why? (6%) . What are the consequences. The Union officers and members filed a complaint for illegal dismissal arguing that there was no strike but a protest rally which is a valid exercise of the workers constitutional right to peaceable assembly and freemdom of expression. Was there a strike? (4%) b. The order at the same time directed the Company to accept all employees under the same terms and conditions of employment prior to the work stoppage. of the day the strike was to start. there was no basis for the termination of their employment.employees to return to work within twenty-four hours and was served at 8 a.00 a month. If you were Tito's employer. One day.000. they held a continuing protest rally against the company's alleged unfair labor practices. He is barely able to make ends meet with his salary of P4. Because of the accompanying picket. some of the employees who wanted to return to work failed to do so. Metro Manila. the workers reported for work. Were the employees simply exercising their constitutional right to petition for redness of their grievances? (3%) c. ruling on the following issues: a. refused to admit them back sionce they had violated the Secretary's return-to-work order and are now considered to have lost their employment status. You are the Labor Arbiter to whom the case was raffled.VIII - .

Will the claim prosper? Why? (6%) . He was given a 6-month grace period. After 5 years as a flight steward. 30 pounds over the prescribed maximum weight. The Airline gave him a one-year period to attain the prescribed weight.m. for medical reasons. and end at 5 p. while waiting for public transport at Rizal Avenue Extension as has been her routine. she was sideswiped by a speeding taxicab resulting in her death. FSC thus sent him a Notice of Administrative Charge for violation of company standards on weight requirements. On this basis. A clarificatory hearing .IX Assume that in Problem 5. He consistently failed to meet his target.Carol de la Cruz is the secretary of the proprietor of an auto dealership in quezon City. On July 30. 2008. a weight of 150 to 170 pounds. Under FSA's Cabin Crew Administration Manual. given his height and body frame. filed a complaint with the DOLE Regional Office against RSC and PizCorp. at 7 a. the Regional Director issued a compliance order holding PizCorp and RSC solidarily liable for the payment of the correct differential and overtime pay and ordering PizCorp to report Mario for membership with SSS and remit overdue SSS premiums. Santos began struggling with his weight. he weighed 200 lbs. it was found that indeed Mario was not getting his correct differential and overtime pay and that he was declared an SSS member (so that no premiums for SSS membership were ever remitted).m.. He stated in his answer that. After inspection. Santos must maintain.m. Who has the obligation to report the RSC members for membership with the SSS. Her office hours start at 8 a. he cannot have a rapid weight loss. Mario. after which he still failed to meet the weight limit. and enrolled him in several wieght reduction programs. The father of Carol filed a claim for employee's compensation with the Social Security System. with the concomitant obligation to remit SSS premiums? Why? (6%) -XPepe Santos was an international flight steward of Flysafe Airlines. an RSC member disgusted with the non-payment of his night shift differential and overtime pay. She resides in Caloocan City.

The explanation did not satisfy FSA and so it decided to terminate Santos's service for violation of company standards. whichever is higher. After five (5) years.XI Complaints had worked five (5) years as waitresses in a cocktail lounge owned by the respondent. they could sit with and entertain guest inside the establishment and appropriate for themselves the tips given by guests. They did not receive any salary directly from the respondent but shared in all service charges collected for food and drinks to the extent of 75%. The Labor Arbiter found the dismissal illegal for there was neither gross and habitual neglect of duty nor willful disobedience. the complaints individual shares in the collected service charges dipped to below minimum wage level as a consequence of the lounge's marked business decline. (6%) . the natural tendency is to grow heavier). Respondent terminated the services of the complainants who countered by filing a consolidated complaint for unlawful dismissal. Is the Labor Arbiter correct? Why or why not? Explain fully. it also posited that Santos failure to achieve his ideal weight constituted gross and habitual neglect of duty. FSA defended its policy as a valid exercise of management prerogative and from the point of view of passenger safety and extraordinarydiligence required by law of common carriers.was held where Santos fully explained his predicament. whichever is higher. arguing that the company's weight requirement policy is unreasonable and that his case is not a disciplinary but a medical issue (as one gets older. with prayer for 85% of the collected services or the minimum wage for the appropriate periods. Thereupon.XII - . Decide. (6%) . With respondent's prior permission. complaints asked respondent to increase their share in the collected service charges to 85% or the minimun wage level. Santos filed a complaint for illegal dismissal. as well as willful disobedience to lawful employer orders.

(6%) . He filed a case for illegal dismissal.Arnaldo. The supervisors union of the same company filed a money claim for unpaid salaries for the duration of the strike. Decide (6%) . Is the argument of "Puwersa" tenable? Decide with reasons. after having won in a certification election held in the company premises. readied himself to leave exactly at 5:00 p. However. May the company be held liable for the salaries of the supervisor? Decide (6%) . arguing that the supervisors' failure to report for work was not attributable to them. The company contended that it was equally faultless. a labor federation. sent a letter to respondent company reminding it of its obligation to recognize the local union. "Puwersa" argued that since it won in a certification election.XIII The rank-and-file union staged a strike in the company premises which caused the disruption of business operations. Arnaldo begged off. it can validly perform its function as a bargaining agent and represent the rank-and-file employees despite the union's dissolution. explaining to the General Manager that he had to see off his wife who was leaving to work abroad.NOTHING FOLLOWS BAR EXAMINATION 2009 LABOR AND SOCIAL LEGISLATION PART I I .m. The company dismissed Arnaldo for insubordination. President of "Bisig" Union in Femwear Company.XIV "Puwersa". for the strike was not the direct consequence of any lockout or unfair labor practice. the rank-and-file employees had already lost interest in joining the local union as they had dissolved it. which was the end of his normal shift to be able to sed off his wife who was scheduled to leave for overseas. the General Manager required him to render overtime work to meet the company's export quota. Respondent company replied that through it is willing.

Answer TRUE if the statement is true. to work in Qatar for a period of two (2) years.00.TRUE or FALSE. c. a driver-mechanic. soon . A runaway shop is an act constituting unfair labor practice. e. All confidential employees are disqualified to unionize for the purpose of collective bargaining. Explain your answer in not more than two (2) sentences. or FALSE if the statement is false. ruled in favor of Clarito upon finding Juan’s testimony doubtful. the NLRC reversed the Labor Arbiter holding that Article 4 applies only when the doubt involves "implementation and interpretation" of the Labor Code provisions. In the illegal dismissal case instituted by Clarito. An employment contract prohibiting employment in a competing company within one year from separation is valid. d. The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5. (3%) III Richie. an employee of Juan. II a. In the law on labor relations. b. On appeal. Mideast Recruitment Agency (MRA). the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement. Clarito. was recruited by Supreme Recruiters (SR) and its principal. the Labor Arbiter. Enumerate at least four (4) policies enshrined in Section 3. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence.000. citing Article 4 of the Labor Code. Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. (5%) a. was dismissed for allegedly stealing Juan’s wristwatch. However. Is the NLRC correct? Reasons. not the Labor Code. (2%) b.

It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbor’s killer. IV Diosdado. Eventually acquitted and released from jail. Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract. a bus conductor of San Juan Transportation Company. (2%) and c. SR and MRA traversed Richie’s complaint. why not? (3%) V a. (2%) b. no employer-employee relationship was established between them. and assigned to build a small house in Alabang. at most. was hired by Building Industries Corporation (BIC). who had just completed his contract in Qatar. not two years. intentionally did . Baldo returned to his employer and demanded reinstatement and full backwages. The Labor Arbiter has no jurisdiction over the case. Rule on the validity of the foregoing arguments with reasons. (3%). Aggrieved. be equivalent to Richie’s salary for only six (6) months. a carpenter. Is Baldo entitled to reinstatement and backwages? Explain your answer.after the contract was approved by POEA. Because Richie was not able to leave for Qatar. (3%) b. Is the completion of the house a valid cause for the termination of Diosdado’s employment? If so. His contract of employment specifically referred to him as a "project employee. their liability would. Domingo. MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic. what are the due process requirements that the BIC must satisfy? If not. raising the following arguments: a." although it did not provide any particular date of completion of the project. Even assuming that they are liable.

Is Domingo correct? Reasons. Distinguish briefly. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. Inday. On the same day Johnny received the notice of termination. cannot be dismissed from the service for breach of trust. (2%) and b. The union went on strike without complying with the strike-vote requirement under the Labor Code. Domingo contests his dismissal. Domingo was dismissed from employment for fraud or willful breach of trust. claiming that he is not a confidential employee and. a 40-year old employer. The decision became final. When Inday refused. (3%) b. but clearly. the NMMR filed a criminal case against the . the labor union went on strike. a legitimate labor organization. The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. asked his domestic helper. a "househelper" from a "homeworker. (2%) Rule on the foregoing contentions with reasons. c. which says that one of the duties of a domestic helper is to minister to the employer’s personal comfort and convenience.not issue a ticket to a female passenger. a. therefore. Management filed an action to declare the strike illegal. to give him a private massage. Albert showed her Article 141 of the Labor Code. Thereafter. Kim." (2%) VII Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR). contending that: a. Is Inday’s refusal tenable? Explain. The union did not observe the "cooling-off period" mandated by the Labor Code. (2%) VI Albert. his long-time crush. As a result.

could not be given any assignment because no client would accept him. If the order of reinstatement is being enforced. can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%) b.Manager of Manila Restaurant. He had a face only a mother could love. Because JSA has no client who would accept Alexander. After six (6) months of being on "floating" status. State briefly the compulsory coverage of the Government Service Insurance Act. What procedural remedies are open to workers who seek correction of wage distortion? (2%) X a. a security guard of Jaguar Security Agency (JSA). what should JSA do in order to prevent reinstatement? (2%) Explain your answers. JSA hires you as lawyer. Would the Labor Arbiter’s finding be sufficient to secure the Manager’s conviction? Why or why not? (2%) VIII Alexander. Can a member of a cooperative be deemed an employee for purposes of . (2%) b. The Labor Arbiter upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sued JSA for constructive dismissal. (2%) b. Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%) c. What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending. IX a. and seeks your advice on the following: a.

Congress passed two innovative legislative measures. Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited. A waiver of the right to claim overtime pay is contrary to law. c. However. e. the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees. XII In her State of the Nation Address. how will you rule? (5%) XIII . the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. b. The constitutionality of the two (2) laws is challenged in court. and (2) a law allowing contractualization in all areas needed in the employer’s business operations. Responding to the call. As judge. Government employees have the right to organize and join concerted mass actions without incurring administrative liability. (2%) PART II XI TRUE or FALSE. to soften the impact of these new measures. Seafarers who have worked for twenty (20) years on board the same vessel are regular employees. or FALSE if the statement is false. Answer TRUE if the statement is true.compulsory coverage under the Social Security Act? Explain. (5%) a. Explain your answer in not more than two (2) sentences. d. Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned. namely: (1) a law abolishing the security of tenure clause in the Labor Code.

Renan requested Maganda to stay. purportedly to discuss some work assignment. (3%) b.000.related or employment environment? Reasons. a CPA-lawyer and Managing Partner of an accounting firm. to provide its restaurants the necessary personnel. in very productive and lucrative posts. that MMSI had no other clients except Jolli. a. among others. he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. based on research conducted. During all these. that it would provide these personnel with proper Jolli-Mac uniforms. motorcycle delivery boys and food servers. Left alone in the training room. It engaged Matiyaga Manpower Services. Renan told Maganda that most. of the lady supervisors in the firm are where they are now. Did Renan commit acts of sexual harassment in a work.000. Will the case prosper? Reasons. if not all. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. in its operations. consisting of cashiers. Inc. conducted the orientation seminar for newly-hired employees of the firm. among them. a job contractor registered with the Department of Labor and Employment. Renan asked Maganda to go out with him for dinner and ballroom dancing.Mac. (MMSI). that it would train and determine the qualification and fitness of all personnel to be assigned to JolliMac. succeeded in having him expelled from the firm. After the contract was signed. and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits.Atty. Renan. The lady supervisors in the firm. it was revealed. because of his favorable endorsement. After the seminar. slighted by Renan’s revelations about them. and one of its major owners was a member of the Board of Directors of Jolli-Mac. that MMSI has a paid. Thereafter. The Service Agreement warrants. . Miss Maganda. (2%) XIV Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country.up capital of P2.00.

a clear plurality of the voters --.4 There were no objections or challenges raised by any party on the results of the election. delivery boys and food servers are not paid their lawful salaries.a. Spoiled votes . (3%) . If the cashiers. Union B . a certification election was ordered conducted by the Med-Arbiter of the Region. (3%) c. Union A . against whom may these workers file their claims? Explain.33 5. Union D . a.180 6. what would you do to effectively achieve the purpose of certification election proceedings? Discuss. (2%) XV Among the 400 regular rank-and-file workers of MNO Company. Is the Service Agreement between JolliMac and MMSI legal and valid? Why or why not? (3%) b.have chosen not to be represented by any union? Reasons. holiday pay. If you were the duly designated election officer in this case.42 4.70 2. The contending parties obtained the following votes: 1. including overtime pay. Union C . 13th month pay. Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%) b.71 3. No union . May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers -. and service incentive leave pay.

respectively.000 per year for the purchase of medicines and hospitalization assistance of P10. 2008. 2008. the Union declared a deadlock. the Company and the Union started negotiations to renew the CBA.000 and P1. management issued a formal announcement in writing. 2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee. As early as October 2007. . On March 30. no union filed a petition for certification election during the freedom period. effective January 1. all fringe benefits contained therein are considered withdrawn and can no longer be implemented. the certified bargaining agent of rank-and-file employees. 3) Medical subsidy of P3. they could not agree. and 5) Birthday Leave with Pay and Birthday Gift of P1. For the 4th and 5th years of the CBA.200 monthly. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting. 4) Rice Subsidy of P600 per month.000 per year for actual hospital confinement. In the afternoon of the same day. on April 3. entered into a Collective Bargaining Agreement (CBA) effective for the period January 1. However. 2006 and January 1. 2002 to December 31. the significant improvements in wages and other benefits obtained by the Union were: 1) Salary increases of P1. Despite mutual good faith and earnest efforts.XVI The Company and Triple-X Union. 2007. provided the employee has worked for at least 20 days within the particular month. that due to the CBA expiration on December 31. 2007. 2007.500. no CBA had been concluded. effective immediately. posted on the bulletin board. As expected.

(3%) b. Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement. If you were the lawyer for the union. He filed suit for illegal dismissal. He demands reinstatement with full backwages. he was not afforded due process by management prior to his termination. 2008. (2%) -NOTHING FOLLOWS- . Explain the impact of the union security clause to the employees’ right to security of tenure. (2%) b. When was the "freedom period" referred to in the foregoing narration of facts? Explain.a. (2%) d. (3%) XVII Alfredo was dismissed by management for serious misconduct. a. After April 3. What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%) XVIII a. Is management’s withdrawal of the fringe benefits valid? Reasons. what legal recourse or action would you advise? Reasons. (3%) b. (3%) c. alleging that although there may be just cause. will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons.

2.1017 declaring a state of national emergency. prompting the police to arrest them. 2006. to 3:00 p. which has been designated a Freedom Park. Lito. How should a wage distortion be settled? 3.5% 4. Gener. Article VII of the Constitution? 5% 2. Is the arrest legal? Explain.m. Assuming that despite the denial of SM's application for a permit. Does the availability of a Freedom Park justify the denial of SM's application for a permit? 2.5% 3.5% 2. On February 24. He suggested the Liwasang Bonifacio. '. During the effectivity of this Proclamation. Does the SM have a remedy to contest the denial of its application for a permit? 2.II The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor" of Manila an application for a permit to hold a rally on Mendiola Street on September 5. What do you mean by the "Calling-out Power" of the President under Section 18. its members hold a rally.Are the arrests without judicial warrants lawful? 2. and Bong were arrested by the police for acts of terrorism. President Gloria Macapagal-Arroyo issued Proclamation No. 2. However. as venue for the rally.5% . the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Districts. Is this Proclamation constitutional? Explain.1018 placing the Philippines under Martial Law on the .III The President issued Proclamation No.m.BAR EXAMINATION 2006 POLITICAL AND PUBLIC INTERNATIONAL LAW POLITICAL AND PUBLIC INTERNATIONAL LAW -I1. 2006 from 10:00 a.5% . to protest the political killings of journalists. 1.

1018? Explain. Finally. A law prohibiting Chinese citizens from engaging in retail trade. What should be the ruling of the Court? 2. 1. Does Robert have a standing to challenge Proclamation No. A law fixing the terms of local elective officials.IV State whether or not the following laws are constitutional. 2% -V- . a citizen. 2. suspected rebels were arrested and detained and military tribunals were set up to try them. in any event. 2% 3. In the same suit. A law changing the design of the Philippine flag. How should the Supreme Court rule? 2. What is the effect of the inaction of Congress on the suit brought by Robert to the Supreme Court? 2. Explain briefly. other than barangay officials. develop. 2% 4. the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law.1018. 2% 5. filed with the Supreme Court a petition questioning the validity of Proclamation No.Pursuant to the Proclamation. determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that his determination is conclusive upon the courts. the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Supreme Court is not a trier of facts. the President as Commander-in-Chief.5% 2.5% . the Solicitor General contends that under the Constitution. 2% 2. A law creating a state corporation to exploit. A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. The Solicitor General argues that.5% 4. 1.ground that a rebellion staged by lawless elements is endangering the public safety . to 6 years. Robert dela Cruz.5% 3. and utilize compressed natural gas. but Congress did not revoke the proclamation.

5% 2.5% b) What are the essential characteristics of a parliamentary form of government? 2. d. What is the composition of each? 2.1.VII Select the best answer and explain. Court of Tax Appeals . Ombudsman c.5% . When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty of illegal recruitment. Differentiate an election protest from an action for quo warranto. 1. The legislature may abolish this body: 5% a. What is a quasi-judicial body or agency? 2.5% . What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2. Judicial and Bar Council d. 2.5% 3. Commission on Appointments b. When he is compelled to produce his bankbooks to be used as evidence against his father charged with plunder.VI 1. 2. a) What is the principal identifying feature of a presidential form of government? Explain. Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the Constitution? 2.5% 2. When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder. When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author of a letter wherein he agreed to kill the victim. c.5% 3. What Constitutional provisions institutionalize the principle of civilian supremacy? 2. b. An accused's right against selfincrimination is violated in the following cases: 5% a.5% 4. 2.

How many are its members? 1 % 3. was born in 1945. Where is the seat of the International Court of Justice? 1% 2. What is his/her nationality? 1 % 6. Will Atty. he studied law and was allowed by the Supreme Court to take the bar examinations. Chua be disbarred? Explain. She claims that Atty. Is this contention correct? 5% 2. She passed the bar examinations and engaged in private practice for many years. she elected Philippine citizenship and studied law. Eventually. not qualified to be appointed to the Supreme Court. 5% . also an aspirant to the position. the United States filed with the International Court of Justice a complaint against Iran alleging that the latter is detaining American diplomats in violation of International Law.Juris Castillo. But her nomination is being contested by Atty . Chua practiced law for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. Atty. a legitimate daughter of a Chinese father and a Filipino mother.e. Chua reached the age of majority.IX 1. Richard Chua was born in 1964.VIII 1. In 1980. At 21.Chua was still a minor . Atty. Who is its incumbent president? 1 % 5. Noel contested it claiming it was filed many years after Atty. Atty. He is a legitimate son of a Chinese father and a Filipino mother. Commission on Audit . Explain how the . subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never complied with such requirement. His father became a naturalized Filipino citizen when Atty . Emily Go. Emily Go is not a naturalborn citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. hence. What is the term of their office? 1 % 4. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court.

International Court of Justice can acquire jurisdiction over these contending countries. 5% -X1. How is state sovereignty defined in International Law? 2.5% 2. Is state sovereignty absolute? 2.5% 3. What is the principle of auto-limitation? 2.5% 4. What is the relationship between reciprocity and the principle of autolimitation? 2.5% NOTHING FOLLOWS. BAR EXAMINATION 2007 POLITICAL AND PUBLIC INTERNATIONAL LAW -I(10 POINTS) True or False. Briefly explain your answer. a. For purposes of communication and instruction! the official languages of the Philippines, until otherwise provided by law, are Filipino and English. b. The 1987 Constitution has increased the scope of academic freedom recognized under the previous Constitution. - II (10 POINTS) The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs. Private clinics! however, continue to render family planning counsel and devices to paying clients. a. Is the Executive Order in any way constitutionally infirm? Explain. b. Is the Philippines in breach of any obligation under international law? Explain.

c.

May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order? Explain. - III (10 POINTS)

Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to property in the United States, and that in June 2005, he was criminally charged before United States courts under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions already provided against damage to property. The United States has requested the Philippines to extradite him to US courts under the RP-US Extradition Treaty. a. Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale. b. Assume that the extradition request was made after the Philippines adopted its anti-hacker legislation. Will that change your answer? - IV (10 POINTS) In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women." a. Name at least one basic principle or norm of international humanitarian law that was violated by the Japanese military in the treatment of the "comfort women." b. The surviving Filipina "comfort women" demand that the Japanese government

c.

apologize and pay them compensation. However, under the 1951 San Francisco Peace Agreement -the legal instrument that ended the state of war between Japan and the Allied Forces -all the injured states, including the Philippines, received war reparations and, in return, waived all claims against Japan arising from the war. Is that a valid defense? The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine courts. Will that case prosper? -V(10 POINTS)

The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: "Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and children's rights were up in arms against the advertisement. a. All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethicalguidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the "kinse anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed? b. One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the "kinse anyos" advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply? - VI (10 POINTS) True or False. Briefly explain your answer. a. An amendment to the Constitution shall be valid upon a vote of three-fourths of all the Members of the Congress.

All public officers and employees shall take an oath to uphold and defend the Constitution . but not from the Mayor of Manila. The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles. However. May the Bataan . the Public Assembly Law of 1985. Some banners had been blown off by the wind. They were also stopped by the security force. May the security police validly stop the vehicles and the marchers? . Salakay. the General Appropriations Act provided that the IRA may be released on Iy if the province meets certain conditions as determined by an Oversight Council created by the President. sandwiched between the caravan vehicles.VII (10 POINTS) Batas Pambansa 880.VIII (10 POINTS) The Provincial Governor of Bataan requested the Department of Budget and Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget year. a. and posed a hazard to other motorists. Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. Is this requirement valid? b. . They were able to march in Quezon City and up to the boundary separating it from the City of Manila. with paper banners taped on their sides and protesting graft and corruption in government. The protesters then proceeded to march instead. They were stopped by the security police. Was this a valid exercise of police power? b. regulates the conduct of all protest rallies in the Philippines. The Provincial Governor is a party-mate of the President. Three meters after crossing the boundary. They were driving at 50 kilometers per hour in a 4090 kilometers per hour zone. the Manila Police stopped them for posing a danger to pubHc safety. a. They received a permit from the Mayor of Quezon City.b.

c. b. including those elected under the party list. The three-seat limit . and d. it will end up giving tuition scholarships to a total of 21 students next year. is entitled to a maximum of three seats. The twenty percent allocation . The first-party rule . regardless of the number of votes it actually obtained. The Sagrada Familia Elementary School is a Catholic school and has applied for a tuition fee increase. as a condition for the increase. Is this DepEd requirement valid? b. one "qualifying" and two additional seats. .additional seats which a qualified party is entitled to shall be determined in relation to the total number of votes garnered by the party with the highest number of votes. At a cost of P50. The two percent threshold . a.05 million for next year. that is.IX (10 POINTS) The Department of Education (DepEd) requires that any school applying for a tuition fee increase must.the combined number of all party-Iist congressmen shall not exceed twenty percent of the total membership of the House of Representatives.only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives.each qualified party.OOO per student.Representative instead file a petition to compel the DBM to release the funds? . will the DepEd requirement be valid? -X(10 POINTS) The Supreme Court has provided a formula for allocating seats for party-list representatives. If instead the DepEd requires a full tuition scholarship for the highest ranking students in each grade. Under this regulation by the DepEd. the school will lose a total of P1. determined solely on the basis of academic grades and rank. a. offer full tuition scholarships to students from low-income families.

Pursuant to the law. if any. explain why.For each of these rules. and the purpose. Thereafter. differentiate "hard law" from "soft law". If a case involving the validity of the treaty abrogation is brought to the Supreme Court. (5%) . The legal yardstick in determining whether usage has become customary international law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. If your answer is in the negative. state the constitutional or legal basis. What does the maxim mean? (3%) b. how should it be resolved? (6%) .III The President alone without the concurrence of the Senate abrogated a treaty. He also contended that his property is .II May a treaty violate international law? If your answer is in the affirmative.IV Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas. Thus. the NHA acquired all properties within a targeted badly blighted area in San Nicolas. the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. BAR EXAMINATION 2008 POLITICAL LAW -Ia. Under international law. NOTHING FOLLOWS.(3%) . explain when such may happen. as well as to lease or resell the property to private developers to carry out the redevelopment plan. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Manila except a well-maintained drug and convenience store that poses no blight or health problem itself.

Some police officers questioned the validity of the circular.VII JC. Is JC entitled to bail? Why or why not? (3%) . Finding him sitting partly dressed on the side of the bed. is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter. in the course of which the officer pounced on the accused. goatees and waistlines over 38 inches. as well as the size of their waistlines. a. If you were the judge.VI The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair. not a public one. took him to a hospital where at their direction. In the criminal case. noting the NHA`s sale of the entire area except his property to a private party. How should the court decide the case? (3%) . two police officers forced open the door of his room. When asked. As counsel for the accused. sideburns and moustaches. a doctor forced an emetic solution though a tube into the accused's stomach against his will. except for medical reason. the officers spied two capsules on a night stand beside the bed. how would you decide the case? (6%) -VHaving received tips the accused was selling narcotics. a. Resolve the controversy. In the vomited matter were found two capsules which proved to contain heroin. what constitutional rights will you invoke in his defense? (4%) b.being condemned for a private purpose. a major in the Armed Forces of t\he Philippine. A struggle ensued. It prohibits beards. claiming that it violated their right to liberty under the Constitution. (6%) . the chief evidence against the accused was the two capsules. " Are these yours?". the accused seized the capsules and put them in his mouth. This process induced vomiting.

the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007. Subsequently. his opponent. as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the May 2004 elections. filed an election protest before the Commission on Election. was found liable by the Supreme Court for serious misconduct and inefficiency. Ruling with finalty on the protest. JC then testified to the effect that he stabbled the deceased in self-defense beacause the latter was strangling him and that he voluntarily surrendered to the authorities.IX Abdul ran and won in the May 2001. when Abdul had fully served his 2004-2007 term and was in fact already on his 2007-2010 term as Vice Governor. Khalil. The Executive Secretary. and meted the penalty of suspension form office for 6 months.VIII ST. acting on said petition issued a resolution granting ST executive clemency. 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. What will be your advice? (3%) b. Subsequently.b. the trial court rendered a decision acquittal violate JC's right against double jeopardy? Why or why noy? (3%) . Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for Vice-Mayor . ST filed a petition for executive clemency with the Office of the President. Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 election on the premise that he could not be considered as having served as Vice-Governor from 2004-2007 because he was not duly elected to the post. a. Is the grant of executive clemency valid? Why or why not? (6%) . After being proclaimed Vice-Governor in the 2004 elections. a Regional Trial Court judge who falsified his Certificate of Service. JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. Assume that upon being arraigned.

What will be your advice? (3%) -XThe 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. submitting as evidence the affidavit of a mayoralty candidate of Polomolok. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. MP moved that the certificate of canvass for General Santos be corrected to exclude the the result from the non-existent precincts. (6%) . Amelia had been an Assistant City Treasurer for ten (10) years.XII The Mayor of San Jose City appointed his wife. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from nonexistent precincts were included in the certificate.XI On August 8. By the elevation of Benito to the office of Vice-Governor. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional election. candidate MP objected to the certificate pf canvass for Polomolok on the ground that it was obviously manufactured. Amelia. the highest ranking member of the Sangguniang Panlalawigan was elevated to the position of ViceGovernor. as City Treasurer from among tree (3) employees pf the city considered for the said position. May MP appeal the rulings to the COMELEC? Explain. Prior to said promotion. Should the Civil Service Commission approve the . even before she married the City Mayor. 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation of law. How should the vacancy be filed? (3%) . that is. a vacancy in the Sangguniang Panlalawigan was created. Benito. Accordingly.of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false material representation therein.

Is the law constitutional? Explain fully. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial.XV The principal of Jaena High School. Forty-five (45) years later. informing them that the school was willing to provide religious instruction to its Catholic students during class hours. the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury member. The law provides for the qualification of prospective jury member.000. (6%) . Decide with reason. students who wished to avail of such religious instruction . with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila The MWMC charter provided an initial appropriation of P1. congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC).XIII Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. The MWMC challenged the validity of the law. and t\he methodology for jury deliberations. However. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. through a Catholic priest.000. and set aside a parcel of land in Malate for the memorial site. empowered the corporation to raise funds in its own name. the memorial was only 1/3 complete and the memorial site itself had long been overrun by quatters. a public school wrote a letter to the parents and guardians of all the school's pupils.promotional appointment of Amelia? Why or why not? (6%) . arguing that under its charter its mandate is to complete the memorial no matter how long it takes.XIV In 1963. (7%) .

Nonetheless. their protest action being neither a demonstrator nor a rally since all they did was wear black Tshirts. Is the law constitutional? (6%) . invoking their freedom to choose their profession.militant students spread word that on the following Friday. including disruptive demonstrations in many universities throughout the country. The student leaders approached you for legal advice. Several students protested. They contended that they should not be expelled since they did not violate the circular. a devout Catholic. Does the offer violate the constitutional prohibition againts the establishment of religion? (3%) b. rejected the request. The principal. adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. a. The effort was only moderately successful. Congress passed a law requiring graduates of public science high school henceforth to take up agriculture or mining engineering as their college course. with around 30% of the students heeding the call.XVI Nationwide protest have erupted over rising gas prices. all students were to wear black T-shirt as a symbols of their protest both against high gas prices and the university ban on demonstrations. demanded that they too be entitled to have their children instructed in their own religious faith during class hours. the parents of evangelical Christian students. a public university. how would you argue in support of their position? (3%) . upon learning of the offer. Offended by the circular. As counsel for the parents of the evangelical students. The Metro Manila State University.needed to secure the consent of their parents and guardians in writing.XVII As a reaction to the rice shortage and the dearth of mining engineers. What would you advise the students? (6%) . university officials were outraged and compelled the students leaders to explain why they should not be expelled for violating the circular against demonstrations.

Answer TRUE if the statement is true. Before election day. c. and before which court. II Despite lingering questions about his Filipino citizenship and his one-year residence in the district. His opponent. Vito. A law fixing the passing grade in the Bar examinations at 70%. why not? (2%) c. An educational institution 100% foreignowned may be validly established in the Philippines. between. or FALSE if the statement is false. A law that makes military service for women merely voluntary is constitutional. can . A law making "Bayan Ko" the new national anthem of the Philippines.NOTHING FOLLOWS. (2%) b. d. e. hires you as lawyer to contest Gabriel's candidacy. Explain your answer in not more than two (2) sentences. can he be substituted as candidate? If so. Gabriel withdraws his certificate of candidacy. and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. Under the archipelago doctrine. 2009 BAR EXAMINATION POLITICAL AND PUBLIC INTERNATIONAL LAW PART I I TRUE or FALSE. during the pendency of such action/s but before election day. (5%) a." is constitutional. with no grade lower than 40% in any subject. in lieu of "Lupang Hinirang. If the action/s instituted should be dismissed with finality before the election. b. Gabriel filed his certificate of candidacy for congressman before the deadline set by law. If. and Gabriel assumes office after being proclaimed the winner in the election. what action or actions will you institute against Gabriel. by whom and why? If not. the waters around. a. commission or tribunal will you file such action/s? Reasons. is constitutional.

Is the disapproval of the ordinance correct? Explain your answer. (2) allow gambling only on Sundays. The municipality files a motion to dismiss the complaint. invoking state immunity from suit. passed Ordinance No. Congress is considering the following options: (1) prohibit all forms of gambling. (2%) IV The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. (2%) . and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling. Resolve the motion with reasons. would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%) b. a. is still suitable for the purpose. and to pursue expropriation would be needless expenditure of the people's money. (3) allow gambling only in government-owned casinos. and appropriating the funds needed therefor. what action or actions may be filed and where? If not. why not? (2%) III The Municipality of Bulalakaw. authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park. 1234. though smaller in size. Upon review. If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling. Leyte. the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which. can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer.the issue of his candidacy and/or citizenship and residence still be questioned? If so. (3%) V To address the pervasive problem of gambling.

(2%) Decide with reasons. in violation of his right to privacy and the Anti-Wire Tapping law. VIII Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities. then asked what he had in his clenched fist. and the House of Representatives unanimously approved. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The team saw a man with reddish and glassy eyes walking unsteadily towards them. 8799. as witness. He then filed. a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry . The crystalline substance in the sachet turned out to be shabu. the accused: a. challenged the validity of his arrest. but he immediately veered away upon seeing the policemen. (2%) and b.A. Resolve the objection with reasons. During the trial. in violation of R. an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. the prosecution presented. Because the man refused to answer. The man was accordingly charged in court. introduced themselves as peace officers.VI In a criminal prosecution for murder. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent. claiming that it was obtained in an illegal search and seizure. objected to the admission in evidence of the prohibited drug. (3%) VII Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team approached the man.

who are also respondents in the criminal and civil cases in court. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena. the Chairman and Commissioners of the Securities and Exchange Commission (SEC). 20. the legislative inquiry would preempt judicial action. and the Governor of the Bangko Sentral ng Pilipinas (BSP). While in the Philippines.on the matter.A. he took the oath of allegiance required under R. nationality. Jr. took up permanent residence in the United States. On the date set for the hearing. He then married Shirley. (3%) Are the foregoing arguments tenable? Reasons. thus. Warlito. a friend informed him that he could reacquire Philippine citizenship without necessarily losing U. 23 years of age. and sired three children. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office. and Luisa. an American. 9225. raising the following arguments: a. (3%) and b. in order to prevent the recurrence of any similar fraudulent activity. a natural-born Filipino. prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. only the SEC Commissioners appeared. 17. In August 2009. Thus.. to testify at the inquiry would violate their constitutional right against self-incrimination. refuse to attend the legislative inquiry? Why or why not? (3%) IX Warlito. c. thus. Compelling the IUB officials. . May the Governor of the BSP validly invoke executive privilege and. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB.S. in aid of legislation. and eventually acquired American citizenship. Warlito decided to visit the Philippines with his wife and children: Johnny.

Johnny. (3%) PART II XI . The CA reversed the CSC decision. and ordered his immediate dismissal from the service. finding Maximino guilty. Warlito Jr. which affirmed the Secretary's decision. will Shirley also become a Filipino citizen? If so. Having reacquired Philippine citizenship. Maximino then elevated the matter to the Court of Appeals (CA). Maximino appealed to the Civil Service Commission (CSC). (2%) b. On the 60th day of the preventive suspension. what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain.become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%) X Maximino. and Luisa --.a. is administratively charged with dishonesty and gross misconduct. the Secretary rendered a verdict. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons.. With Warlito having regained Philippine citizenship. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision. why? If not. (3%) b. exonerating Maximino. (3%) c. an employee of the Department of Education. the Secretary of Education preventively suspended him for a period of sixty (60) days. If the SC affirms the CA decision. Do the children --. a. During the formal investigation of the charges. is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer.

and that he . He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice. He argued that since the incident took place inside the U. the police investigator. (5%) a. in front of many shocked witnesses. informed William of his Miranda rights. The President exercises the power of control over all executive departments and agencies. Philippine courts have no jurisdiction because the U. The police came. Explain your answer in not more than two (2) sentences. e. c. (3%) b. d. in halting English. William protested his arrest. William refused the services of the lawyer. or FALSE if the statement is false. was inside the U. by right. embassy grounds are not part of Philippine territory. Answer TRUE if the statement is true. and insisted that he be assisted by a Filipino lawyer currently based in the U. he should have been informed of his rights in proper English. embassy. technically. a university graduate and frequent visitor to the Philippines.S.S. and assigned him an independent local counsel. Aliens are absolutely prohibited from owning private lands in the Philippines. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. a private American citizen. a. including governmentowned or controlled corporations. A de facto public officer is. embassy when he got into a heated argument with a private Filipino citizen. thus. Upon reaching the station.TRUE or FALSE. he killed the person he was arguing with. Is William correct? Explain your answer. b.S. Then. and the counsel assigned by the police stayed for the duration of the investigation. no crime under Philippine law was committed. entitled to receive the salaries and emoluments attached to the public office he holds. The request was denied. XII William. that being an American. and brought him to the nearest police station. Dual citizenship is not the same as dual allegiance.S.

Which contention is correct? Reasons. it will do whatever is necessary to defend itself. firing two missiles that killed thousands of Filipinos.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State. (3%) XIII A terrorist group called the Emerald Brigade is based in the State of Asyaland. a. Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade. (3%) c.c. Asyaland charges the Philippines with violation of Article 2. is powerless to stop it. claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U. not when he was already at the police station. should William be granted bail as a matter of right? Reasons. otherwise. then immediately returned to the Philippines. The government of Asyaland does not support the terrorist group. As a consequence of the foregoing incident. The team stayed only for a few hours in Asyaland. It then warned that more attacks were forthcoming. should have been informed of his rights as soon as he was taken into custody. and it appearing that Asyaland was incapable of preventing the assault. Through diplomatic channels.S. The Emerald Brigade launched an attack on the Philippines. Assume that the commando team captured a member of the Emerald . the Philippines sent a crack commando team to Asyaland. Was William denied his Miranda rights? Why or why not? (3%) If William applies for bail. State that has outlawed capital punishment. the Philippines demanded that Asyaland stop the Emerald Brigade. (3%) b. but being a poor country. Was the Philippine action justified under the international law principle of "selfdefense"? Explain your answer." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. succeeded in killing the leaders and most of the members of the Emerald Brigade.

Consequently. and the subject documentary does not fall under either of these two classes. except "newsreels" and programs "by the Government".D. and be granted access to the records of the meetings. The DFA and the DND refused. the terrorist argues that terrorism is not an international crime and. should apply. therefore. contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. the municipal laws of the Philippines. "Case Law: How the Supreme Court Decides." without obtaining the necessary permit required by P. The Philippine Government insists that a special international tribunal should try the terrorist. as well as copies of the minutes of the meetings. invoking the constitutional right of the people to information on matters of public concern. Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) XV The KKK Television Network (KKK-TV) aired the documentary. KMM filed suit to compel disclosure of the negotiation details. Decide with reasons. MTRCB declared that under P. (3%) b. which recognize access of the accused to constitutional rights. 1986. A loose organization of Filipinos. a. the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations. it has the power of prior review over all television programs. 1986. The suspension order was ostensibly based on . Decide with reasons. On the other hand.Brigade and brought him back to the Philippines. (3%) XIV The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces.D.

Jenny. 98-17 was issued and published in a newspaper of general circulation. a married woman. a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. She had been living with a married man.Memorandum Circular No. but maintains that this conjugal understanding is in conformity with their religious beliefs. not her husband. the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. Angelina. for the last fifteen (15) years. Jenny filed suit in court. raising the following issues: a. with reasons. Yahweh's Observers. is a Division Chief in the Department of Science and Technology. also a member of Yahweh's Observers. but also violated the constitutional policy upholding . While Memorandum Circular No. If you were to judge this case. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression. (3%) b. seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion. (3%) and b. they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. KKK-TV filed a certiorari petition in court. she admits her live-in arrangement. 98-17 which grants MTRCB the authority to issue such an order. As members of the religious sect. will you exonerate Angelina? Reasons. was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. At the formal investigation of the administrative case. Meanwhile. Administratively charged with immorality and conduct prejudicial to the best interest of the service. XVI a. (2%) Resolve the foregoing issues.

(2%) c. the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. (2%) . but the City delays payment of the amount determined by the court as just compensation. But FCC refused to sell the lot.the sanctity of marriage and the solidarity of the family. a.000-square meter lot in Pasig City. To remedy the city's acute housing shortage. Will Jenny's case prosper? Explain your answer. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. a local manufacturer of computers and computer parts. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. (2%) XVII Filipinas Computer Corporation (FCC). Hard pressed to find a suitable property to house its homeless residents. If FCC hires you as lawyer. can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) XVIII What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. owns a sprawling plant in a 5. Suppose the expropriation succeeds. (5%) b. the City filed a complaint for eminent domain against FCC. what defense or defenses would you set up in order to resist the expropriation of the property? Explain. If the Court grants the City's prayer for expropriation. can FCC recover the property from Pasig City? Explain. compounded by a burgeoning population.

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