Memorandum to:  From:      Re:             

ALL 2013 BAR EXAMINEES  J. Arturo D. Brion  Chairman, 2013 Bar Examinations  2013 Sample Bar Exam  September 2, 2013 

Date:       

  For  the  first  time,  the  Court  is  providing  you,  the  Bar  examinees,  a  sample  of  what  to  expect  in  the Bar examinations.  This Sample Bar Exam is specifically provided for the following purposes:    First.   To  give  you  an  advance  copy  of  the  INSTRUCTIONS  that  you  will  meet  in  the  actual  Bar  examinations.    The  INSTRUCTIONS  in  the  Sample  Bar  Exam  will  be  the  exact  instructions  the  Bar  examination  questionnaires  will  carry.    The  sample  exam  will  allow  you  the  time  and  opportunity  to  study  the  instructions  well  in  advance  of  the  actual  examinations.    The  law  schools  and  law  review  centers  are  encouraged  to  devote  some  time  to  the  discussion  of  these  instructions  to  ensure  that  the  bar examinees fully understand them.      Second.   The  essay  and  MCQ  questions  in  the  Sample  Bar  Exam  are  presented  to  acquaint  you  with the manner the questions will be posed in the actual examination questionnaires.  You should read  the  sample  questions  with  the  Instructions  in  hand  so  you  will  know  how  the  Instructions  impact  on  the  questions.    Note  very  well  the  portions  of  the  Instructions  on  how  to  answer  essay  and  MCQ  questions  as  their  impact  is  on  the  substance  of  your  answers  and  ultimately  on  how  your  answers  will  be  appreciated and graded.    It may not be a bad idea for the law schools and the law review centers to give practice exams to  demonstrate  to  the  Bar  examinees  how  to  comply  with  the  Instructions  and  what  to  expect  come  examination time given the answering instructions.    Third.   The  Instructions  contain  warnings  about  prohibited  markings  in  exam  notebooks.   With  these warnings, you should know what to specifically avoid.  Please ensure that you do not give occasion  for  suspicions  that  you  are  marking  your  papers  as  the  consequences  are  very  grave  –  you  can  be  disqualified from the Bar examinations.                                    Good luck to you all! 

Republic of the Philippines Supreme Court Manila

2013 BAR EXAMINATIONS SAMPLE BAR QUESTIONS October 1, 2013 8:00 A.M.– 12:00 P.M.

INSTRUCTIONS 1. This Questionnaire contains NINE (9) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers. There are EIGHT (8) Essay Questions numbered I to VIII, and EIGHT (8) Multiple Choice Questions (MCQs) numbered I to VIII, to be answered within four (4) hours. The essay portion contains questions that are worth 80% of the whole examination while the MCQ portion contains questions worth 20%. 2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well the allocated percentage points for each number, question, or subquestion. In your answers, use the numbering system in the questionnaire. If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter. 3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed. Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts,

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and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyerlike manner to a sound conclusion from the given premises. A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook. 4. MCQs are to be answered by writing in your Notebook the capital letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page of your essay answers. There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note that some MCQs may need careful analysis both of the questions and the choices offered. 5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you for the Bar examinations. You can use the questionnaire for notes you may wish/need to write during the examination.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

J. Arturo D. Brion Chairman 2013 Bar Examinations

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ESSAY QUESTIONS I. Sometime in 2011, Philippine President Santos signed a bilateral agreement with the Republic of Kafiristan, which contains, among other things, a provision allowing the investment by Kafiristan citizens in preferred stocks, up to a maximum of 40%, of Philippine advertising companies. The Senate believes that the agreement is a treaty that should be transmitted to it for concurrence, but President Guzman, the newly elected president in 2013 who ran under a nationalist platform, refused to transmit the instrument to the Senate for its action. (A) May members of the Senate file a petition for mandamus against President Guzman and the Department of Foreign Affairs Secretary to compel them to transmit the agreement as a treaty for the Senate’s concurrence? (4%) Assume that President Guzman transmitted the agreement, and the Senate ratified it as a treaty. Would a petition for certiorari to annul the treaty’s ratification prosper on the ground that it violated Section 11, Article XVI of the 1987 Constitution, which limits foreign participation in advertising companies to 30% of its capital stock? (4%)

(B)

II. Tara was the Secretary to the President of the Able Corporation (with the rank of Assistant Vice President) since 2003. Early this year, she misplaced certain important confidential company documents. Although the documents were located a few days later, Able Corporation opted to do away with Tara’s services because it no longer had trust and confidence in her reliability; thus, the Board of Directors decided to delete the position of Secretary to the President from the company’s payroll. She responded by filing before the Labor Arbiter an illegal dismissal case against Able Corporation. Able Corporation took the position that the Labor Arbiter lacked jurisdiction over the case because Tara was an officer with corporate rank whose position the Board, in the exercise of its control over the company’s corporate structure, dissolved. It also argued that Tara worked on confidential matters and management had lost confidence in her when she misplaced important company documents. Based on these facts, decide the following questions. (A) Does the Labor Arbiter have jurisdiction over Tara’s illegal dismissal case? Give your answer with reasons. (4%)

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(B)

Assuming that the Labor Arbiter has jurisdiction, was Tara’s dismissal valid? Decide. (4%)

III. In 1970, the spouses Delos Reyes, both Filipinos, bought an unregistered parcel of land in Oriental Mindoro, Philippines. In 1986, the spouses migrated to the United States and later became naturalized US citizens. While on vacation in the Philippines in 1990, the spouses applied for the registration of the parcel of land they bought in 1970. The Republic opposed the application because of the spouses’ American citizenship. Rule on the spouses’ application for registration. (8%)

IV. The spouses A and B donated a parcel of land to their legitimate son, C, and their daughter-in-law, D. The donation was made by reason of the marriage of C and D and was made within a year after their marriage. The fair market value of the parcel of land at the time of donation was P1,000,000.00. What is the amount of A’s net gift to C? (8%)

V. On July 3, 1993, Ursula took out a life insurance policy from Macondo Life Insurance Corp. (Macondo). She designated her daughter, Amaranta, as the beneficiary. On August 30, 1993, Macondo issued the policy after Ursula passed the required medical examination and after payment of the required insurance premiums. On April 10, 1997, Ursula died of natural illness. On July 9, 1997, Amaranta claimed her insurance proceeds. Macondo denied the claim and instead offered to refund the premiums paid on the following grounds: (1) Ursula, an illiterate, was not the one who signed the application form; (2) Ursula was financially incapacitated to pay the life insurance policy; and (3) Amaranta was the one who truly applied for the life insurance since she signed the application form and designated herself as the sole beneficiary. Amaranta sued Macondo to compel it to pay the proceeds of the insurance contract. Macondo, in defense, alleged that it is not liable as there had been fraudulent concealment. Rule on Macondo’s defense. (8%)

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VI. PO1 Benny Dipabaya is a jail guard assigned at the Masbate Provincial Jail. While PO1 Reyes was on duty, his brother, Renato, informed him that his wife had given birth. Since all the other jail guards were on field work, PO1 Dipabaya told Dennis, the janitor assigned to the jail, to look after the prisoners until he returned. While PO1 Dipabaya was away, Mando, one of the prisoners whose conviction had been affirmed by the Supreme Court and who was waiting for his transfer to the National Penitentiary, pleaded with Dennis to be allowed to go to the toilet to answer the call of nature. Dennis gave in to the request, let Mando out of his cell, and escorted him to the communal toilet. While there, Mando slid out of the toilet’s window and escaped. What are the criminal liabilities of PO1 Dipabaya and Dennis, if any? (8%) VII. Prosecutor Artin filed an Information for violation of R.A. 8353 (Anti-Rape Law) in relation with R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) with the Regional Trial Court against Boysie. Prosecutor Artin failed to allege in the Information that the victim is the niece of the accused, although the victim stated their relationship in her Sinumpaang Salaysay. Before the scheduled arraignment, Prosecutor Artin formally moved for the amendment of the Information to include the alleged relationship. Boysie opposed the motion arguing that the addition of the allegation of relationship will raise the category of the offense charged in the original Information; thus, he is entitled to a reinvestigation before amendment may be allowed. If you were the prosecutor, how will you reply to Boysie’s opposition? (8%) VIII. Juan, a third year law student, filed an accion interdictal against Pedro before the municipal trial court. Juan signed his name as plaintiff and entered his appearance for and in his behalf. During the trial, the defendant’s counsel objected to Juan’s appearance and the judge sustained the objection. In an order, the judge directed Juan to present documentary proof that he is enrolled in his law school’s legal aid clinic and that he should be accompanied by a supervising lawyer in the next hearing. (A) In a Manifestation filed with the court, Juan frankly admitted that he is on leave of absence from the law school for the present school year and that he is not enrolled in his law school’s legal aid clinic, but insisted on his right to represent himself. Discuss whether or not Juan can appear and legally represent himself in the accion interdictal. (5%)

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(B) Suppose the judge issues an order declaring that Juan cannot appear in his own behalf. Juan decides to question the judge’s order by filing a special civil action for certiorari before the Supreme Court. Can Juan, as petitioner, sign the petition before the Supreme Court without the aid of a lawyer? (5%)

MULTIPLE CHOICE QUESTIONS I. Johnny was born in Oakland, California on February 4, 1980 to Filipino parents. In 2010, he relocated to Alaminos, Laguna where he established his residence. On October 1, 2012, he filed his Certificate of Candidacy for Mayor of Alaminos, Laguna. Michael, another mayoralty candidate, opposed Johnny’s candidacy on the ground that Johnny is disqualified under Section 40(d) of the Local Government Code? Is Michael correct? (1%) (A) (B) Yes, because under the Section 40 (d) of the Local Government Code, a dual citizen is disqualified from running for any elective position. Yes, because as a dual citizen, Johnny should have taken an Oath of Allegiance and executed an Affidavit of Renunciation pursuant to Republic Act No. 9225 in order to qualify for any elective position. No, because as a dual citizen, the filing of his CoC and swearing to the oath in the CoC is sufficient to qualify him for any elective position. Yes, because as an American citizen, Johnny cannot run for an elective position in the Philippines. None of the above. II. Matty Khas was dismissed from his position as Chief Administrative Officer from CQ security agency. When he filed a case for illegal dismissal with the Labor Arbiter, CQ filed a motion to dismiss the case arguing that Matty failed to prove by clear and convincing evidence that he had been illegally dismissed. Rule on the motion. (1%) (A) (B) (C) (D) The employer is correct because Matty, as the complainant, must prove his allegation of illegal dismissal. The employer is wrong because a motion to dismiss is a prohibited pleading. The employer is correct because Matty is a corporate officer and the Labor Arbiter does not have jurisdiction over the case. The employer is wrong because CQ, as the employer, is bound to prove just or valid cause for the dismissal.

(C)

(D) (E)

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(E)

None of the above ruling is correct. III.

Mr. and Mrs. Garcia, who were married in 1990, remained childless. The spouses met a car accident that instantly claimed Mr. Garcia’s life. Mrs. Garcia, although fatally wounded, managed to extricate herself from the burning car but expired on arrival at the hospital. During their marriage, the couple acquired properties worth P1,000,000, which are now being claimed by the parents of both spouses. Assuming that both of them died intestate, how much is the share of Mrs. Garcia’s parents? (1%) (A) (B) (C) (D) (E) 500,000 250,000 1,000,000 750,000 None of the above. IV. The 5% / 10% capital gains tax on the sale of shares of stock applies in the following case: (1%) (A) (B) (C) (D) (E) A resident alien’s net capital gain from the sale of shares of stock of a foreign corporation A resident Filipino citizen’s net capital gain from the sale of shares of stock of a domestic corporation through the local stock exchange A resident alien’s net capital gain from the sale of shares of stock of a foreign corporation through the local stock exchange A resident Filipino citizen’s net capital gain from the sale of unlisted shares of stock of a domestic corporation. None of the above.

V. On April 19, 2012, Vito was elected director of Corleone Corp. for a term of one year. Vito tendered his resignation from Corleone Corp. on May 31, 2012. Thereafter, Santino filled the resulting vacant position on June 17, 2012. Santino tragically died on August 27, 2012. Subsequently, Michael filled the vacant position on August 28, 2012. When does Michael’s term of office expire? (1%) (A) (B) (C) (D) May 31, 2013 August 27, 2013 June 17, 2013 April 19, 2013

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(E)

August 27, 2014

VI. During a town fiesta, Gary boasted to his companions that all the female dancers on stage had, at one time or another, been his girlfriends. Larry, the boyfriend of one of the dancers, overheard Gary and punched him in the face, causing him to fall. Larry then fled to his house. Gary rushed home, grabbed his .38 revolver, and followed Larry. Failing to immediately locate him, Gary then hid behind a bush and waited near Larry’s house. When a figure resembling Larry approached, Gary immediately shot him, hitting him in the head and killing him. It turned out that the person Gary shot was his own father who went to look for him; his father feared that he (Gary) would confront Larry and feared the worst if a confrontation would take place. The RTC convicted Gary of parricide, but imposed on him the penalty for homicide. Was the RTC correct? (1%) (A) (B) (C) (D) (E) Yes, by reason of praeter intentionem which is a mitigating circumstance under Article 13 of the Revised Penal Code. Yes, because of error in personae which is mitigating if the crime committed is different from that intended. No. Crimes against persons such as parricide cannot be offset by any mitigating circumstance. No. The crime was attended by the aggravating circumstances of nighttime and dwelling. None of the above as the intended crime was murder. VII. Kay filed a case against Bobby for collection of sum of money. After Kay’s presentation of evidence, Bobby filed a demurrer to evidence with the Metropolitan Trial Court (MeTC) which granted the demurrer. On appeal, the Regional Trial Court reversed the MeTC’s ruling and the RTC’s reversal became final. What is the consequence of the reversal on the collection case pending before the MeTC? (1%) (A) (B) (C) (D) The trial court shall dismiss the case outright Bobby is now barred from presenting evidence because he did not secure leave of court before filing the demurrer Bobby is barred from presenting evidence whether or not he secured leave of court. Bobby will be allowed to present evidence

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(E)

None of the above. VIII.

Which of the following advertisements is ethical? (1%) (A) A small description in the newspaper about the attorney’s specialization and his place of employment after a legal article that he wrote. A full-page newspaper ad made by the attorney’s client congratulating the attorney for winning their case. A pictorial press-release in the newspaper by the attorney regarding the book launching of his autobiography. All of the above. None of the above. NOTHING FOLLOWS -0–0–0-

(B) (C) (D) (E)

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