2015 Bar Examinations

2015 BAR EXAMINATIONS
POLITICAL LAW
November 8, 2015
8:00 A.M. - 12:00 NN.

INSTRUCTIONS
1. This Questionnaire contains ten (10) 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 22 items (I to XXII) to be answered within/our (4) hours.
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 sub-question. 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 page 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, 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, to reason logically in a
lawyer-like manner, and to form 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. 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.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR NOTEBOOK
JUSTICE TERESITA J. LEONARDO-DE CASTRO
Chairperson
2015 Bar Examinations
I.
The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their
respective Presidents signed the following: (1) Executive Agreement allowing the Republic of Kroi Sha
to establish its embassy and consular offices within Metro Manila; and (2) Executive Agreement
allowing the Republic of Kroi Sha to bring to the Philippines its military complement, warships, and
armaments from time to time for a period not exceeding one month for the purpose of training
exercises with the Philippine military forces and exempting from Philippine criminal jurisdiction acts
committed in the line of duty by foreign military personnel, and from paying custom duties on all the
goods brought by said foreign forces into Philippine territory in connection with the holding of the
activities authorized under the said Executive Agreement.
Senator Maagap questioned the constitutionality of the said Executive Agreements and demanded
that the Executive Agreements be submitted to the Senate for ratification pursuant to the Philippine
Constitution. Is Senator Maagap correct? Explain. (4%)
II.
(1) A bill was introduced in the House of Representatives in order to implement faithfully the provisions
of the United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a
signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the
provisions of UN CLOS are violative of the provisions of the Constitution defining the Philippine
internal waters and territorial sea. Do you agree or not with the said objection? Explain. (3%)
(2) Describe the following maritime regimes under UNCLOS (4%)
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
III.
Professor Masipag who holds a plantilla or regular item in the University of the Philippines (UP) is
appointed as an Executive Assistant in the Court of Appeals (CA). The professor is considered only on
leave of absence in UP while he reports for work at the CA which shall pay him the salary of the
Executive Assistant. The appointment to the CA position was questioned, but Professor Masipag
countered that he will not collect the salary for both positions; hence, he can not be accused of
receiving double compensation. Is the argument of the professor valid? Explain. (4%)
IV.
When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill of
Rights traditionally allowed? Explain your answer. (3%)
V.
BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common shares of
stock in the Philippine Telecommunications Company (PTC), a public utility, to Australian
Telecommunications (AT), another stockholder of the PTC which also owns 1,000 common shares. A
Filipino stockholder of PTC questions the sale on the ground that it will increase the common shares
of AT, a foreign company, to more than 40% of the capital (stock) of PTC in violation of the 40%
limitation of foreign ownership of a public utility. AT argues that the sale does not violate the 60-40
ownership requirement in favor of Filipino citizens decreed in Section II, Article XII of the 1987
Constitution because Filipinos still own 70% of the capital of the PTC. AT points to the fact that it owns
only 2,000 common voting shares and 1,000 non-voting preferred shares while Filipino stockholders
own 1,000 common shares and 6,000 preferred shares, therefore, Filipino stockholders still own a
majority of the outstanding capital stock of the corporation, and both classes of shares have a par
value of Php 20.00 per share. Decide. (5%)
VI.
(1) Distinguish the President's authority to declare a state of rebellion from the authority to proclaim a
state of national emergency. (2%)
(2) What are the limitations, if any, to the pardoning power of the President? (3%)
VII.
Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the existence of
probable cause, the court issues a warrant for the Senator's arrest. The prosecution files a motion to
suspend the Senator relying on Section 5 of the Plunder Law. According to the prosecution, the
suspension should last until the termination of the case. Senator Lis vigorously opposes the motion
contending that only the Senate can discipline its members; and that to allow his suspension by the
Court would violate the principle of separation of powers. Is Senator Lis's contention tenable? Explain.
(4%)
VIII.
A law provides that the Secretaries of the Departments of Finance and Trade and Industry, the
Governor of the Central Bank, the Director General of the National Economic Development Authority,
and the Chairperson of the Philippine Overseas Construction Board shall sit as ex-officio members of
the Board of Directors (BOD) of a government owned and controlled corporation (GOCC). The other
four (4) members shall come from the private sector. The BOD issues a resolution to implement a new
organizational structure, staffing pattern, a position classification system, and a new set of qualification
standards. After the implementation of the Resolution, Atty. Dipasupil questioned the legality of the
Resolution alleging that the BOD has no authority to do so. The BOD claims otherwise arguing that
the doctrine of qualified political agency applies to the case. It contends that since its agency is
attached to the Department of Finance, whose head, the Secretary of Finance, is an alter ego of the
President, the BOD's acts were also the acts of the President. Is the invocation of the doctrine by the
BOD proper? Explain. (4%)

IX.
Several senior officers of the Armed Forces of the Philippines received invitations from the
Chairperson of the Senate Committees on National Defense and Security for them to appear as
resource persons in scheduled public hearings regarding a wide range of subjects. The invitations
state that these public hearings were triggered by the privilege speeches of the Senators that there
was massive electoral fraud during the last national elections. The invitees Brigadier General
Matapang and Lieutenant Coronel Makatuwiran, who were among those tasked to maintain peace and
order during the last election, refused to attend because of an Executive Order banning all public
officials enumerated in paragraph 3 thereof from appearing before either house of Congress without
prior approval of the President to ensure adherence to the rule of executive privilege. Among those
included in the enumeration are "senior officials of executive departments who, in the judgment of the
department heads, are covered by executive privilege." Several individuals and groups challenge the
constitutionality of the subject executive order because it frustrates the power of the Congress to
conduct inquiries in aid of legislation under Section 21, Article VI of the 1987 Constitution. Decide the
case. (5%)
X.
The Secretary of the Department of Environment and Natural Resources (DENR) issued
Memorandum Circular No. 123-15 prescribing the administrative requirements for the conversion of a
timber license agreement (TLA) into an Integrated Forestry Management Agreement (IFMA). ABC
Corporation, a holder of a TLA which is about to expire, claims that the conditions for conversion
imposed by the said circular are unreasonable and arbitrary and a patent nullity because it violates the
non-impairment clause under the Bill of Rights of the 1987 Constitution. ABC Corporation goes to
court seeking the nullification of the subject circular. The DENR moves to dismiss the case on the
ground that ABC Corporation has failed to exhaust administrative remedies which is fatal to its cause
of action. If you were the judge, will you grant the motion? Explain. (4%)
XI.
(1) What is the concept of expanded judicial review under the 1987 Constitution? (3%)
(2) Differentiate the rule-making power or the power of the Supreme Court to promulgate rules under
Section 5, Article VIII of the 1987 Constitution and judicial legislation. (2%)
XII.
Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935,
1973, and 1987 Constitutions. (3%)
XIII.
On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill No. 5432, entitled
"An Act Providing for the Apportionment of the Lone District of the City of Pangarap." The bill
eventually became a law, R.A. No. 1234. It mandated that the lone legislative district of the City of
Pangarap would now consist of two (2) districts. For the 2016 elections, the voters of the City of
Pangarap would be classified as belonging to either the first or second district, depending on their
place of residence. The constituents of each district would elect their own representative to Congress
as well as eight (8) members of the Sangguniang Panglungsod. R.A. No. 1234 apportioned the City's
barangays. The COMELEC thereafter promulgated Resolution No. 2170 implementing R.A. No. 1234.
Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to him, R.A. No. 1234
cannot be implemented without conducting a plebiscite because the apportionment under the law falls
within the meaning of creation, division, merger, abolition or substantial alteration of boundaries of
cities under Section 10, Article X of the 1987 Constitution. Is the claim correct? Explain. (4%)
XIV.
Congress enacted R.A. No. 14344 creating the City of Masuwerte which took effect on September 25,
2014. Section 23 of the law specifically exempts the City of Masuwerte from the payment of legal fees
in the cases that it would file and/or prosecute in the courts of law. In two (2) cases that it filed, the City
of Masuwerte was assessed legal fees by the clerk of court pursuant to Rule 141 (Legal Fees) of the
Rules of Court. The City of Masuwerte questions the assessment claiming that it is exempt from
paying legal fees under Section 23 of its charter. Is the claim of exemption tenable? Explain. (4%)
XV.
The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for a term of
seven (7) years pursuant to the 1987 Constitution. His term of office started on June 2, 2011 to end on
June 2, 2018. Subsequently, the President appointed Ms. Marikit as the third member of the
COMELEC for a term of seven (7) years starting June 2, 2014 until June 2, 2021. On June 2, 2015,
Chairperson Ty retired optionally after having served the government for thirty (30) years. The
President then appointed Commissioner Marikit as COMELEC Chairperson. The Commission on
Appointments confirmed her appointment. The appointment papers expressly indicate that Marikit will
serve as COMELEC Chairperson "until the expiration of the original term of her office as COMELEC
Commissioner or on June 2, 2021." Matalino, a tax payer, files a petition for certiorari before the
Supreme Court asserting that the appointment of Marikit as COMELEC Chairperson is
unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC Chairperson
constituted a reappointment which is proscribed by Section 1 (2), Article IX of the 1987 Constitution;
and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes
the aforementioned constitutional provision. Will the constitutional challenge succeed? Explain. (4%)
XVI.
(1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that she is eligible
to run for the said position. Pasyo Maagap, who also filed his COC for the same position, filed a
petition to deny due course or cancel Bai's COC under Section 78 of the Omnibus Election Code for
material misrepresentation as before Bai filed her COC, she had already been convicted of a crime
involving moral turpitude. Hence, she is disqualified perpetually from holding any public office or from
being elected to any public office. Before the election, the COMELEC cancelled Bai' s COC but her
motion for reconsideration (MR) remained pending even after the election. Bai garnered the highest
number of votes followed by Pasyo Maagap, who took his oath as Acting Mayor. Thereafter, the
COMELEC denied Bai's MR and declared her disqualified for running for Mayor. P. Maagap asked the
Department of Interior and Local Government Secretary to be allowed to take his oath as permanent
municipal mayor. This request was opposed by Vice Mayor Umaasa, invoking the rule on succession
to the permanent vacancy in the Mayor's office. Who between Pasyo Maagap and Vice Mayor
Umaasa has the right to occupy the position of Mayor? Explain your answer. (5%)
(2) How do you differentiate the petition filed under Section 68 from the petition filed under Section 78,
both of the Omnibus Election Code? (3%)
XVII.
The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay, bisexual, and
transgender persons, filed for accreditation with the COMELEC to join the forthcoming party-list
elections. The COMELEC denied the application for accreditation on the ground that GBTY A
espouses immorality which offends religious dogmas. GBTY A challenges the denial of its application
based on moral grounds because it violates its right to equal protection of the law.
(1) What are the three (3) levels of test that are applied in equal protection cases? Explain.
(3%)
(2) Which of the three (3) levels of test should be applied to the present case? Explain. (3%)
XVIII.
Around 12:00 midnight, a team of police officers was on routine patrol in Barangay Makatarungan
when it noticed an open delivery van neatly covered with banana leaves. Believing that the van was
loaded with contraband, the team leader flagged down the vehicle which was driven by Hades. He
inquired from Hades what was loaded on the van. Hades just gave the police officer a blank stare and
started to perspire profusely. The police officers then told Hades that they will look inside the vehicle.
Hades did not make any reply. The police officers then lifted the banana leaves and saw several
boxes. They opened the boxes and discovered several kilos of shabu inside. Hades was charged with
illegal possession of illegal drugs. After due proceedings, he was convicted by the trial court. On
appeal, the Court of Appeals affirmed his conviction.
In his final bid for exoneration, Hades went to the Supreme Court claiming that his constitutional right
against unreasonable searches and seizures was violated when the police officers searched his
vehicle without a warrant; that the shabu confiscated from him is thus inadmissible in evidence; and
that there being no evidence against him, he is entitled to an acquittal.
For its part, the People of the Philippines maintains that the case of Hades involved a consented
warrantless search which is legally recognized. The People adverts to the fact that Hades did not offer
any protest when the police officers asked him if they could look inside the vehicle. Thus, any
evidence obtained in the course thereof is admissible in evidence.
Whose claim is correct? Explain. (5%)
XIX.
Pursuant to its mandate to manage the orderly sale, disposition and privatization of the National
Power Corporation's (NPC) generation assets, real estate and other disposable assets, the Power
Sector Assets and Liabilities Management (PSALM) started the bidding process for the privatization of
Angat Hydro Electric Power Plant ( AHEPP). After evaluation of the bids, K-Pop Energy Corporation, a
South Korean Company, was the highest bidder. Consequently, a notice of award was issued to KPop. The Citizens' Party questioned the sale arguing that it violates the constitutional provisions on the
appropriation and utilization of a natural resource which should be limited to Filipino citizens and
corporations which are at least 60% Filipino-owned. The PSALM countered that only the hydroelectric
facility is being sold and not the Angat Dam; and that the utilization of water by a hydroelectric power
plant does not constitute appropriation of water from its natural source of water that enters the intake
gate of the power plant which is an artificial structure. Whose claim is correct? Explain. (4%)
XX.
Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed which
impeded the entry of vehicles into the area. This caused food shortage resulting in massive looting of
grocery stores and malls. There is power outage also in the area. For these reasons, the governor of
the province declares a state of emergency in their province through Proclamation No. 1. He also
invoked Section 465 of the Local Government Code of 1991 (R.A. No. 7160) which vests on the
provincial governor the power to carryout emergency measures during man-made and natural
disasters and calamities, and to call upon the appropriate national law enforcement agencies to
suppress disorder and lawless violence. In the same proclamation, the governor called upon the
members of the Philippine National Police, with the assistance of the Armed Forces of the Philippines,
to set up checkpoints and chokepoints, conduct general searches and seizures including arrests, and
other actions necessary to ensure public safety. Was the action of the provincial governor proper?
Explain. (4%)
XXI.
The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has participated in
every election since the enactment of the 1987 Constitution. It has fielded candidates mostly for
legislative district elections. In fact, a number of its members were elected, and are actually serving, in
the House of Representatives. In the coming 2016 elections, the PMP leadership intends to join the
party-list system.
Can PMP join the party-list system without violating the Constitution and Republic Act (R.A.) No.
7941? (4%)
XXII.
The President appoints Emilio Melchor as Chairperson of the Civil Service Commission. Upon
confirmation of Melchor's appointment, the President issues an executive order including him as ExOfficio member of the Board of Trustees of the Government Service Insurance System (GSIS),
Employees Compensation Commission (ECC), and the Board of Directors of the Philippine Health
Insurance Corporation (PHILHEALTH). Allegedly, this is based on the Administrative Code of 1997
(E.O. No. 292), particularly Section 14, Chapter 3, Title I-A, Book V. This provision reads: "The
chairman of the CSC shall be a member of the Board of Directors of other governing bodies of
government entities whose functions affect the career development, employment, status, rights,
privileges, and welfare of government officials and employees... " A taxpayer questions the designation
of Melchor as ex-officio member of the said corporations before the Supreme Court based on two (2)
grounds, to wit: (1) it violates the constitutional prohibition on members of the Constitutional
Commissions to hold any other office or employment during his tenure; and (2) it impairs the
independence of the CSC. Will the petition prosper? Explain. (4%)
---ooo0ooo---

LABOR LAW
November 8, 2015
2:00P.M.- 6:00 P.M.

INSTRUCTIONS
This Questionnaire contains ten (10) pages including these Instructions pages. Check the number of pages
There are 22 items (I to XXII) to be answered within/our (4) hours.
Chairperson
I
A. Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its authorized
capital stock owned by foreigners and 70% of its authorized capital stock owned by Filipinos. Is
Rocket Corporation allowed to engage in the recruitment and placement of workers, locally and
overseas? Briefly state the basis for your answer. (2%)
B. When does the recruitment of workers become an act of economic sabotage? (2%)
II
LKG Garments Inc. makes baby clothes for export. As part of its measures to meet its orders, LKG requires its
employees to work beyond eight (8) hours everyday, from Monday to Saturday. It pays its employees an
additional 35% of their regular hourly wage for work rendered in excess of eight (8) hours per day. Because of
additional orders, LKG now requires two (2) shifts of workers with both shifts working beyond eight (8) hours
but only up to a maximum of four (4) hours. Carding is an employee who used to render up to six (6) hours of
overtime work before the change in schedule. He complains that the change adversely affected him because
now he can only earn up to a maximum of four (4) hours' worth of overtime pay. Does Carding have a cause of
action against the company? (4%)
III
Benito is the owner of an eponymous clothing brand that is a top seller. He employs a number of male and
female models who wear Benito's clothes in promotional shoots and videos. His deal with the models is that
Benito will pay them with 3 sets of free clothes per week. Is this arrangement allowed? (2%)
IV
Far East Bank (FEB) is one of the leading banks in the country. Its compensation and bonus packages are top
of the industry. For the last 6 years, FEB had been providing the following bonuses across-the-board to all its
employees:
(a) 13th month pay;
(b) 14th to 18th month pay;
(c) Christmas basket worth P6,000;
(d) Gift check worth P4,000; and
(e) Productivity-based incentive ranging from a 20% to 40% increase in gross monthly salary for all
employees who would receive an evaluation of "Excellent" for 3 straight quarters in the same year.
Because of its poor performance over-all, FEB decided to cut back on the bonuses this year and limited itself
to the following:
(a) 13th month pay;
(b) 14th month pay;
(c) Christmas basket worth P4,000; and
(d) Gift check worth P2,000
Katrina, an employee of FEB, who had gotten a rating of "Excellent" for the last 3 quarters was looking forward
to the bonuses plus the productivity incentive bonus. After learning that FEB had modified the bonus scheme,
she objected. Is Katrina's objection justified? Explain. (3%)

V
Soledad, a widowed school teacher, takes under her wing one of her students, Kiko, 13 years old, who was
abandoned by his parents and has to do odd jobs in order to study. She allows Kiko to live in her house,
provides him with clean clothes, food, and a daily allowance of 200 pesos. In exchange, Kiko does routine
housework, consisting of cleaning the house and doing errands for Soledad. One day, a representative of the
DOLE and the DSWD came to Soledad's house and charged her with violating the law that prohibits work by
minors. Soledad objects and offers as a defense that she was not requiring Kiko to work as the chores were
not hazardous. Further, she did not give him chores regularly but only intermittently as the need may arise. Is
Soledad's defense meritorious? (4%)
VI
Ador is a student working on his master's degree in horticulture. To make ends meet, he takes on jobs to come
up with flower arrangements for friends. His neighbor, Nico, is about to get married to Lucia and needs a floral
arranger. Ador offers his services and Nico agrees. They shake hands on it, agreeing that Nico will pay Ador
P20,000.00 for his services but that Ador will take care of everything. As Ador sets about to decorate the
venue, Nico changes all of Ador's plans and ends up designing the arrangements himself with Ador simply
executing Nico's instructions.
(a) Is there an employer-employee relationship between Nico and Ador? (4%)
(b) Will Nico need to register Ador with the Social Security System (SSS)? (2%)
VII
Don Don is hired as a contractual employee of CALLHELP, a call center. His contract is expressly for a term of
4 months. Don Don is hired for 3 straight contracts of 4 months each but at 2-week intervals between
contracts. After the third contract ended, Don Don is told that he will no longer be given another contract
because of "poor performance." Don Don files a suit for "regularization" and for illegal dismissal, claiming that
he is a regular employee of CALLHELP and that he was dismissed without cause. You are the Labor Arbiter.
How would you decide the case? (4%)
VIII
Star Crafts is a lantern maker based in Pampanga. It supplies Christmas lanterns to stores in Luzon, Metro
Manila, and parts of Visayas, with the months of August to November being the busiest months. Its factory
employs a workforce of 2,000 workers who make different lanterns daily for the whole year. Because of
increased demand, Star Crafts entered into a contractual arrangement with People Plus, a service contractor,
to supply the former with I 00 workers for only 4 months, August to November, at a rate different from what they
pay their regular employees. The contract with People Plus stipulates that all equipment and raw materials will
be supplied by Star Crafts with the express condition that the workers cannot take any of the designs home
and must complete their tasks within the premises of Star Crafts.
Is there an employer-employee relationship between Star Crafts and the 100 workers from People Plus?
Explain. (4%)
IX
Din Din is a single mother with one child. She is employed as a sales executive at a prominent supermarket.
She and her child live in Quezon City and her residence and workplace are a 15-minute drive apart. One day,
Din Din is informed by her boss that she is being promoted to a managerial position but she is now being
transferred to the Visayas. Din Din does not want to uproot her family and refuses the offer. Her boss is so
humiliated by Din Din's refusal of the offer that she gives Din Din successive unsatisfactory evaluations that
result in Din Din being removed from the supermarket.
Din Din approaches you, as counsel, for legal advice. What would you advise her? (4%)
X
Karina Santos is a famous news anchor appearing nightly in the country's most watched newscast. She is
surprised, after one newscast, to receive a notice of hearing before the station's Vice-President for Human
Resources and calls the VP immediately to ask what was wrong. Karina is told over the phone that one of her
crew filed a complaint against her for verbal abuse and that management is duty-bound to investigate and give
her a chance to air her side. Karina objects and denies that she had ever verbally assaulted her crew. The VP
then informed her that pending the investigation she will be placed on a 30-day preventive suspension without
pay and that she will not be allowed to appear in the newscast during this time.
Is the preventive suspension of Karina valid? Discuss the reasons for your answer. (4%)
XI
Rico has a temper and, in his work as Division Manager of Matatag Insurance, frequently loses his temper with
his staff. One day, he physically assaults his staff member by slapping him. The staff member sues him for
physical injuries. Matatag Insurance decides to terminate Rico, after notice and hearing, on the ground of loss
of trust and confidence. Rico claims that he is entitled to the presumption of innocence because he has not yet
been convicted. Comment on Matatag's action in relation to Rico's argument. (4%)
XII
Blank Garments, Inc. (BLANK), a clothing manufacturer, employs more than 200 employees in its
manufacturing business. Because of its high overhead, BLANK decided to sell its manufacturing business to
Bleach Garments, Inc. (BLEACH) lock, stock and barrel which included goodwill, equipment, and personnel.
After taking on BLANK's business, BLEACH reduces the workforce by not hiring half the workers specifically
the ones with seniority. BLANK and BLEACH are still discerned to be sister companies with identical
incorporators. The laid-off employees sue both BLANK and BLEACH for unlawful termination.
(a) How would you decide this case? (4%)
(b) What is the "successor employer" doctrine? (2%)
XIII
Luisa is an unwed mother with 3 children from different fathers. In 2004, she became a member of the Social
Security System (SSS). That same year, she suffered a miscarriage of a baby out of wedlock from the father of
her third child. She wants to claim maternity benefits under the SSS Act. Is she entitled to claim? (3%)
XIV
Luis, a PNP officer, was off duty and resting at home when he heard a scuffle outside his house. He saw two of
his neighbors fighting and he rushed out to pacify them. One of the neighbors shot Luis by mistake, which
resulted in Luis's death. Marian, Luis's widow, filed a claim with the GSIS seeking death benefits. The GSIS
denied the claim on the ground that the death of Luis was not service-related as he was off duty when the
incident happened. Is the GSIS correct? (3%)
XV
Victor was hired by a local manning agency as a seafarer cook on board a luxury vessel for an eight-month
cruise. While on board, Victor complained of chronic coughing, intermittent fever, and joint pains. He was
advised by the ship's doctor to take complete bed rest but was not given any other medication. His condition
persisted but the degree varied from day to day. At the end of the cruise, Victor went home to Iloilo and there
had himself examined. The examination revealed that he had tuberculosis.
(a) Victor sued for medical reimbursement, damages and attorney's fees, claiming that tuberculosis
was a compensable illness. Do you agree with Victor? Why or why not? (2%)
(b) Due to his prolonged illness, Victor was unable to work for more than 120 days. Will this entitle him
to claim total permanent disability benefits? (2%)
XVI
The Alliance of Independent Labor Unions (AILU) is a legitimate labor federation which represents a majority of
the appropriate bargaining unit at the Lumens Brewery (LB). While negotiations were ongoing for a renewal of
the collective bargaining agreement (CBA), LB handed down a decision in a disciplinary case that was pending
which resulted in the termination of the AILU's treasurer and two other members for cause. AILU protested the
decision, claiming that LB acted in bad faith and asked that LB reconsider. LB refused to reconsider. AILU then
walked out of the negotiation and declared a strike without a notice of strike or a strike vote. AILU members
locked in the LB management panel by barricading the doors and possible exits (including windows and fire
escapes). LB requested the DOLE to assume jurisdiction over the dispute and to certify it for compulsory
arbitration.
The Secretary of Labor declined to assume jurisdiction, finding that the dispute was not one that involved
national interest. LB then proceeds to terminate all of the members of the bargaining agent on the ground that
it was unlawful to:
(1) barricade the management panel in the building, and (2) participate in an illegal strike.
(a) Was AILU justified in declaring a strike without a strike vote and a notice of strike? Why or why
not? (3%)
(b) Was the Secretary of Labor correct in declining to assume jurisdiction over the dispute? (2%)
(c) Was LB justified in terminating all those who were members of AILU on the two grounds cited?
(3%)
XVII
The Collective Bargaining Agreement (CBA) between Libra Films and its union, Libra Films Employees' Union
(LFEU), contains the following standard clauses:
1. Maintenance of membership;
2. Check off for union dues and agency fees; and
3. No strike, no lock-out.
While Libra Films and LFEU are in re-negotiations for an extension of the CBA, LFEU discovers that some of
its members have resigned from the union, citing their constitutional right to organize (which includes the right
NOT to organize). LFEU demands that Libra Films institute administrative proceedings to terminate those
union members who resigned in violation of the CBA' s maintenance of membership clause. Libra Films
refuses, citing its obligation to remain a neutral party. As a result, LFEU declares a strike and after filing a
notice of strike and taking a strike vote, goes on strike. The union claims that Libra Films grossly violated the
terms of the CBA and engaged in unfair labor practice.
(a) Are LFEU's claims correct? Explain. (4%)
(b) Distinguish between a "closed shop" clause and a "maintenance of membership" clause. (2%)
(c) Distinguish between "union dues" and "agency fees." (2%)
XVIII
George is an American who is working as a consultant for a local IT company. The company has a union and
George wants to support the union. How far can George go in terms of his support for the union? (3%)
XIX
What is the rule on the "equity of the incumbent"? (2%)
XX
A. XYZ Company and Mr. AB, a terminated employee who also happens to be the President of XYZ
Employees Union, agree in writing to submit Mr. AB's illegal dismissal case to voluntary arbitration. Is
this agreement a valid one? (3%)
B. XYZ Company and XYZ Employees Union (XYZEU) reach a deadlock in their negotiation for a new
collective bargaining agreement (CBA). XYZEU files a notice of strike; XYZ Company proposes to
XYZEU that the deadlock be submitted instead to voluntary arbitration. If you are counsel for XYZEU,
what advice would you give the union as to the: (1) propriety of the request of XYZ Company, and (2)
the relative advantages/disadvantages between voluntary arbitration and compulsory arbitration? (4%)
XXI
Philippine News Network (PNN) engages the services of Anya, a prominent news anchor from a rival station,
National News Network (NNN). NNN objects to the transfer of Anya claiming that she is barred from working in
a competing company for a period of three years from the expiration of her contract. Anya proceeds to sign
with PNN which then asks her to anchor their nightly newscast. NNN sues Anya and PNN before the National
Labor Relations Commission (NLRC), asking for a labor injunction. Anya and PNN object claiming that it is a
matter cognizable by a regular court and not the NLRC.
(a) Is NNN's remedy correct? Why or why not? (3%)
(b) What are the grounds for a labor injunction to issue? (2%)
(c) Distinguish the jurisdiction of a Labor Arbiter from that of the NLRC. (3%)
XXII
Mario comes from a family of coffee bean growers. Deciding to incorporate his fledgling coffee venture, he
invites his best friend, Carlo, to join him. Carlo is hesitant because he does not have money to invest but Mario
suggests a scheme where Carlo can be the Chief Marketing Agent of the company, earning a salary and
commissions. Carlo agrees and the venture is formed. After one year, the business is so successful that they
were able to declare dividends. Mario is so happy with Carlo's work that he assigns 100 shares of stock to
Carlo as part of the latter's bonus.
Much later on, it is discovered that Carlo had engaged in unethical conduct which caused embarrassment to
the company. Mario is forced to terminate Carlo but he does so without giving Carlo the opportunity to explain.
Carlo filed a case against Mario and the company for illegal dismissal. Mario objected on the ground that the
Labor Arbiter had no jurisdiction over the case as it would properly be considered as an intra-corporate
controversy cognizable by the RTC. Further, Mario claimed that because Carlo's dismissal was a corporate act,
he cannot be held personally liable.
(a) As the Labor Arbiter assigned to this case, how would you resolve the jurisdiction question. (3%)
(b) What is the rule on personal liability of corporate officers for a corporate act declared to be
unlawful? (2%)

CIVIL LAW
November 15, 2015
8:00 A.M. - 12:00 NN.

INSTRUCTIONS
There are 20 items (I to XX) to be answered within/our (4) hours.
Chairperson
I.
Alden and Stela were both former Filipino citizens. They were married in the Philippines but they later migrated
to the United States where they were naturalized as American citizens. In their union they were able to
accumulate several real properties both in the US and in the Philippines. Unfortunately, they were not blessed
with children. In the US, they executed a joint will instituting as their common heirs to divide their combined
estate in equal shares, the five siblings of Alden and the seven siblings of Stela. Alden passed away in 2013
and a year later, Stela also died. The siblings of Alden who were all citizens of the US instituted probate
proceedings in a US court impleading the siblings of Stela who were all in the Philippines.
a) Was the joint will executed by Alden and Stela who were both former Filipinos valid? Explain with
legal basis. (3%)
b) Can the joint will produce legal effect in the Philippines with respect to the properties of Alden and
Stela found here? If so, how? (3%)
c) Is the situation presented in Item I an example of depe9age? (2%)
II.
Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived with another man,
leaving their two children of school age with Marco. When Marco needed money for their children's education
he sold a parcel of land registered in his name, without Gina's consent, which he purchased before his
marriage. Is the sale by Marco valid, void or voidable? Explain with legal basis. (4%)
III.
Julie had a relationship with a married man who had legitimate children. A son was born out of that illicit
relationship in 1981. Although the putative father did not recognize the child in his certificate of birth, he
nevertheless provided the child with all the support he needed and spent time regularly with the child and his
mother. When the man died in 2000, the child was already 18 years old so he filed a petition to be recognized
as an illegitimate child of the putative father and sought to be given a share in his putative father's estate. The
legitimate family opposed, saying that under the Family Code his action cannot prosper because he did not
bring the action for recognition during the lifetime of his putative father.
a) If you were the judge in this case, how would you rule? (4%)
b) Wishing to keep the peace, the child during the pendency of the case decides to compromise with
his putative father's family by abandoning his petition in exchange for 1/2 of what he would have
received as inheritance if he were recognized as an illegitimate child. As the judge, would you approve
such a compromise? (2%)
IV.
Bert and Joe, both male and single, lived together as common law spouses and agreed to raise a son of Bert's
living brother as their child without legally adopting him. Bert worked while Joe took care of their home and the
boy. In their 20 years of cohabitation they were able to acquire real estate assets registered in their names as
co-owners. Unfortunately, Bert died of cardiac arrest, leaving no will. Bert was survived by his biological
siblings, Joe, and the boy.
a) Can Article 147 on co-ownership apply to Bert and Joe, whereby all properties they acquired will be
presumed to have been acquired by their joint industry and shall be owned by them in equal shares?
(2%)
b) What are the successional rights of the boy Bert and Joe raised as their son? (2%)
c) If Bert and Joe had decided in the early years of their cohabitation to jointly adopt the boy, would
they have been legally allowed to do so? Explain with legal basis. (3%)
V.
Mrs. L was married to a ship captain who worked for an international maritime vessel. For her and her family's
support, she would claim monthly allotments from her husband's company. One day, while en route from Hong
Kong to Manila, the vessel manned by Captain L encountered a severe typhoon at sea. The captain was able
to send radio messages of distress to the head office until all communications were lost. In the weeks that
followed, the search operations yielded debris of the lost ship but the bodies of the crew and the passengers
were not recovered. The insurance company thereafter paid out the death benefits to all the heirs of the
passengers and crew. Mrs. L filed a complaint demanding that her monthly allotments continue for the next four
years until her husband may be legally presumed dead because of his absence. If you were the magistrate,
how would you rule? (3%)
VI.
Kardo met Glenda as a young lieutenant and after a whirlwind courtship, they were married. In the early part of
his military career, Kardo was assigned to different places all over the country but Glenda refused to
accompany him as she preferred to live in her hometown. They did not live together until the 12th year of their
marriage when Kardo had risen up the ranks and was given his own command. They moved to living quarters
in Fort Gregorio. One day, while Kardo was away on official business, one of his military aides caught Glenda
having sex with the corporal assigned as Kardo's driver. The aide immediately reported the matter to Kardo
who rushed home to confront his wife. Glenda readily admitted the affair and Kardo sent her away in anger.
Kardo would later come to know the true extent of Glenda's unfaithfulness from his aides, his household staff,
and former neighbors who informed him that Glenda has had intimate relations with various men throughout
their marriage whenever Kardo was away on assignment.
Kardo filed a petition for declaration of nullity of marriage under Article 36. Based on interviews from Kardo, his
aide, and the housekeeper, a psychologist testified that Glenda's habitual infidelity was due to her affliction with
Histrionic Personality Disorder, an illness characterized by excessive emotionalism and uncontrollable
attention-seeking behavior rooted in Glenda's abandonment as a child by her father. Kardo himself, his aide,
and his housekeeper also testified in court. The RTC granted the petition, relying on the liberality espoused
by Te v. Teand Azcueta v. Republic. However, the OSG filed an appeal, arguing that sexual infidelity was only a
ground for legal separation and that the RTC failed to abide by the guidelines laid down in the Molina case.
How would you decide the appeal? (5%)
VII.
Mr. and Mrs. X migrated to the US with all their children. As they had no intention of coming back, they offered
their house and lot for sale to their neighbors, Mr. and Mrs. A (the buyers) who agreed to buy the property for
128 Million. Because Mr. and Mrs. A needed to obtain a loan from a bank first, and since the sellers were in a
hurry to migrate, the latter told the buyers that they could already occupy the house, renovate it as it was
already in a state of disrepair, and pay only when their loan is approved and released. While waiting for the
loan approval, the buyers spent .Pl Million in repairing the house. A month later, a person carrying an
authenticated special power of attorney from the sellers demanded that the buyers either immediately pay for
the property in full now or vacate it and pay damages for having made improvements on the property without a
sale having been perfected.
a) What are the buyers' options or legal rights with respect to the expenses they incurred in improving
the property under the circumstances? (3%)
b) Can the buyers be made to immediately vacate on the ground that the sale was not perfected?
Explain briefly. (3%)
VIII.
X, Y, Z are siblings who inherited a IO-storey building from their parents. They agreed in writing to maintain it
as a co-owned property for leasing out and to divide the net profits among themselves equally for a period of
20 years. On the 8th year, X wanted to get out of the co-ownership so he could get his 1/3 share in the
property. Y and Z refused, saying X is bound by their agreement to keep the co-ownership for 20 years. Are Y
and Z correct? Explain. (3%)

IX.
Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who accepted the
donation. The donation and Maria's acceptance thereof were evidenced by a Deed of Donation. Maria then
lived in the house and lot donated to her, religiously paying real estate taxes thereon. Twelve years later, when
Jose had already passed away, a woman claiming to be an illegitimate daughter of Jose filed a complaint
against Maria. Claiming rights as an heir, the woman prayed that Maria be ordered to reconvey the house and
lot to Jose's estate. In her complaint she alleged that the notary public who notarized the Deed of Donation had
an expired notarial commission when the Deed of Donation was executed by Jose. Can Maria be made to
reconvey the property? What can she put up as a defense? (4%)
X.
X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the day X was
supposed to deliver Karla's dresses, X called up Karla to say that she had an urgent matter to attend to and
will deliver them the next day. That night, however, a robber broke into her shop and took everything including
Karla's two dresses. X claims she is not liable to deliver Karla's dresses or to pay for the clothing materials
considering she herself was a victim of the robbery which was a fortuitous event and over which she had no
control. Do you agree? Why? (3%)
XI.
Jackie, 16, inherited a townhouse. Because she wanted to study in an exclusive school, she sold her
townhouse by signing a Deed of Sale and turning over possession of the same to the buyer. When the buyer
discovered that she was still a minor, she promised to execute another Deed of Sale when she turns 18. When
Jackie turned 25 and was already working, she wanted to annul the sale and return the buyer's money to
recover her townhouse. Was the sale contract void, voidable or valid? Can Jackie still recover the property?
Explain. (4%)
XII.
A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a corporation they joined as
incorporators. Iya and Betty bound themselves solidarily liable for the debt. Later, Iya and Jun became
sweethearts so Jun condoned the debt of P500,000.00. May lya demand from Betty P250,000.00 as
her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put up an internet cafe
orally promising to pay her the full amount after one year. Because of their lack of business know-how,
their business collapsed. Juancho and Don ended up penniless but Pedro was able to borrow money
and put up a restaurant which did well. Can Cita demand that Pedro pay the entire obligation since he,
together with the two others, promised to pay the amount in full after one year? Defend your answer.
(2%)
<
p align="center">XIII.
A. X and Y are partners in a shop offering portrait painting. Y provided the capital and the marketing
while X was the portrait artist. They accepted the P50,000.00 payment of Kyla to do her portrait but X
passed away without being able to do it. Can Kyla demand that Y deliver the portrait she had paid for
because she was dealing with the business establishment and not with the artist personally? Why or
why not? (3%)
B. In this jurisdiction, is a joint venture (i.e., a group of corporations contributing resources for a
specific project and sharing the profits therefrom) considered a partnership? (3%)
XIV.
A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for reckless
imprudence resulting in homicide was filed against the driver. He was convicted and was ordered to
pay P2 Million in actual and moral damages to the parents of the boy who was an honor student and
had a bright future. Without even trying to find out if the driver had assets or means to pay the award
of damages, the parents of the boy filed a civil action against the bus company to make it directly
liable for the damages.
a) Will their action prosper? (4%)

b) If the parents of the boy do not wish to file a separate civil action against. the bus company,
can they still make the bus company liable if the driver cannot' pay the award for damages? If
so, what is the nature of the employer's liability and how may civil damages be satisfied? (3%)
XV.
A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months. When Sara
tried to pay her debt on the 8th month, Julia demanded the payment of interest of 12o/o per annum
because of Sara's delay in payment. Sara paid her debt and the interest claimed by Julia. After
rethinking, Sara demanded back from Julia the amount she had paid as interest. Julia claims she has
no obligation to return the interest paid by Sara because it was a natural obligation which Sara
voluntarily performed and can no longer recover. Do you agree? Explain. (4%)
B. Distinguish civil and natural obligations. (2%)
XVI.
Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She was made to sign an
agreement that if she cannot pay her debt within six months, Jane could immediately appropriate the jewelry
for herself. After six months, Donna failed to pay. Jane then displayed the earrings and ring set in her jewelry
shop located in a mall. A buyer, Juana, bought the jewelry set for P300,000.00.
a) Was the agreement which Donna signed with Jane valid? Explain with legal basis. (2%)
b) Can Donna redeem the jewelry set from Juana by paying the amount she owed Jane to Juana?
Explain with legal basis. (2%)
c) Give an example of a pledge created by operation of law. (2%)
XVII.
Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was pressured into signing a Deed of
Absolute Sale in favor of the winner covering a parcel of land with improvements worth P20 Million. One month
later, the supposed vendee of the property demanded that he and his family vacate the property subject of the
deed of sale. Was the deed of sale valid? What can Z do? (4%)
XVIII.
A lawyer was given an authority by means of a Special Power of Attorney by his client to sell a parcel of land
for the amount of P3 Million. Since the client owed the lawyer P1 Million in attorney's fees in a prior case he
handled, the client agreed that if the property is sold, the lawyer was entitled to get 5% agent's fee plus P1
Million as payment for his unpaid attorney's fees. The client, however, subsequently found a buyer of his own
who was willing to buy the property for a higher amount. Can the client unilaterally rescind the authority he
gave in favor of his lawyer? Why or why not? (4%)
XIX.
Mr. A, a businessman, put several real estate properties under the name of his eldest son X because at that
time, X was the only one of legal age among his four children. He told his son he was to hold those assets for
his siblings until they become adults themselves. X then got married. After 5 years, Mr. A asked X to transfer
the titles over three properties to his three siblings, leaving two properties for himself. To A's surprise, X said
that he can no longer be made to transfer the properties to his siblings because more than 5 years have
passed since the titles were registered in his name. Do you agree? Explain. (4%)
XX.
A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a parcel of land
which after due proceedings was granted by the RTC acting as a land registration court. However,
before the decree of registration could be issued, the spouses Roman and the spouses Cruz sold the
lot to Juan. In the notarized deed of sale, the sellers expressly undertook to submit the deed of sale to
the land registration court so that the title to the property would be directly issued in Juan's name. Is
such a stipulation valid? (2%)
B. Distinguish a direct attack from a collateral attack on a title. (2%)

C. If the title in Item XX.A is issued in the names of the original sellers, would a motion filed by Juan in
the same case to correct or amend the title in order to reflect his name as owner be considered a
collateral attack? (2%)
---ooo0ooo---

TAXATION LAW
November 15, 2015
2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains eight (8) pages including these Instructions pages. Check the number of pages
There are 22 items (I to XXII) to be answered within four (4) hours.
Chairperson
I.
Explain the principles of a sound tax system. (3%)
II.
Mr. A, a citizen and resident of the Philippines, is a professional boxer. In a professional boxing match
held in 2013, he won prize money in United States (US) dollars equivalent to P300,000,000.
a) Is the prize money paid to and received by Mr. A in the US taxable in the Philippines?
Why? (2%)
b) May Mr. A's prize money qualify as an exclusion from his gross income? Why? (2%)
c) The US already imposed and withheld income taxes from Mr. A's prize money. How may
Mr. A use or apply the income taxes he paid on his prize money to the US when he computes
his income tax liability in the Philippines for 2013? (4%)
III.
Ms. C, a resident citizen, bought ready-to-wear goods from Ms. B, a nonresident citizen.
a) If the goods were produced from Ms. B's factory in the Philippines, is Ms. B's income from
the sale to Ms. C taxable in the Philippines? Explain. (2%)
b) If Ms. B is an alien individual and the goods were produced in her factory in China, is Ms.
B's income from the sale of the goods to Ms. C taxable in the Philippines? Explain. (2%)
IV.
Mr. E and Ms. F are both employees of AAA Corp. They got married on February 14, 2011. On
December 29, 2011, the couple gave birth to triplets. On June 25, 2013, they had twins. What were
the personal exemptions/deductions which Mr. E and Ms. F could claim in the following taxable years:
a) For2010 (2%)
b) For 2011 (3%)
c) For 2013 (2%)
V.
BBB, Inc., a domestic corporation, enjoyed a particularly profitable year in 2014. In June 2015, its
Board of Directors approved the distribution of cash dividends to its stockholders. BBB, Inc. has
individual and corporate stockholders. What is the tax treatment of the cash dividends received from
BBB, Inc. by the following stockholders:
a) A resident citizen (1%)
b) Non-resident alien engaged in trade or business (1%)

c) Non-resident alien not engaged in trade or business (1% )
d) Domestic corporation (1%)
e) Non-resident foreign corporation (1%)
VI.
Differentiate between double taxation in the strict sense and in a broad sense and give an example of
each. (4%)
VII.
On May 15, 2013, CCC, Inc. received the Final Decision on Disputed Assessment issued by the
Commissioner of Internal Revenue (CIR) dismissing the protest of CCC, Inc. and affirming the
assessment against said corporation. On June 10, 2013, CCC, Inc. filed a Petition for Review with the
Court of Tax Appeals (CTA) in division. On July 31, 2015, CCC, Inc. received a copy of the Decision
dated July 22, 2015 of the CT A division dismissing its Petition. CCC, Inc. immediately filed a Petition
for Review with the CT Aen banc on August 6, 2015. Is the immediate appeal by CCC, Inc. to the
CTA en banc of the adverse Decision of the CTA division the proper remedy? (3%)
VIII.
In June 2013, DDD Corp., a domestic corporation engaged in the business of leasing real properties in
the Philippines, entered into a lease agreement of a residential house and lot with EEE, Inc., a nonresident foreign corporation. The residential house and lot will be used by officials of EEE, Inc. during
their visit to the Philippines. The lease agreement was signed by representatives from DDD Corp. and
EEE, Inc. in Singapore. DDD Corp. did not subject the said lease to VAT believing that it was not a
domestic service contract. Was DDD Corp. correct? Explain. (3%)
IX.
For calendar year 2011, FFF, Inc., a VAT-registered corporation, reported unutilized excess input VAT
in the amount of Pl ,000,000.00 attributable to its zero-rated sales. Hoping to impress his boss, Mr. G,
the accountant of FFF, Inc., filed with the Bureau of Internal Revenue (BIR) on January 31, 2013 a
claim for tax refund/credit of the Pl,000,000.00 unutilized excess input VAT of FFF, Inc. for 2011. Not
having received any communication from the BIR, Mr. G filed a Petition for Review with the CTA on
March 15, 2013, praying for the tax refund/credit of the Pl,000,000.00 unutilized excess input VAT of
FFF, Inc. for 2011.
a) Did the CTA acquire jurisdiction over the Petition of FFF, Inc.? (2%)
b) Discuss the proper procedure and applicable time periods for administrative and judicial
claims for refund/credit of unutilized excess input VAT. (4%)
X.
Indicate whether each of the following individuals is required or not required to file an income tax
return:
a) Filipino citizen residing outside the Philippines on his income from sources outside the
Philippines. (1%)
b) Resident alien on income derived from sources within the Philippines. (1%)
c) Resident citizen earning purely compensation income from two employers within the
Philippines, whose income taxes have been correctly withheld. (1%)
d) Resident citizen who falls under the classification of minimum wage earners. (1%)
e) An individual whose sole income has been subjected to final withholding tax. (1%)
XI.
What are de minim is benefits and how are these taxed? Give three (3) examples of de
minimis benefits. (4%)
XII.
Mr. H decided to sell the house and lot wherein he and his family have lived for the past 10 years,
hoping to buy and move to a new house and lot closer to his children's school. Concerned about the
capital gains tax that will be due on the sale of their house, Mr. H approaches you as a friend for
advice if it is possible for the sale of their house to be exempted from capital gains tax and the
conditions they must comply with to avail themselves of said exemption. How will you respond? (4%)
XIII.
GGG, Inc. offered to sell through competitive bidding its shares in HHH Corp., equivalent to 40% of
the total outstanding capital stock of the latter. JJJ, Inc. acquired the said shares in HHH Corp. as the
highest bidder. Before it could secure a certificate authorizing registration/tax clearance for the transfer
of the shares of stock to JJJ, Inc., GGG, Inc. had to request a ruling from the BIR confirming that its
sale of the said shares was at fair market value and was thus not subject to donor's tax. In BIR Ruling
No. 012-14, the CIR held that the selling price for the shares of stock of HHH Corp. was lower than
their book value, so the difference between the selling price and the book value of said shares was a
taxable donation. GGG, Inc. requested the Secretary of Finance to review BIR Ruling No. 012-14, but
the Secretary affirmed said ruling. GGG, Inc. filed with the Court of Appeals a Petition for Review
under Rule 43 of the Revised Rules of Court. The Court of Appeals, however, dismissed the Petition
for lack of jurisdiction declaring that it is the CTA which has jurisdiction over the issues raised. Before
which Court should GGG, Inc. seek recourse from the adverse ruling of the Secretary of Finance in
the exercise of the latter's power of review? (3%)
XIV.
KKK Corp. secured its Certificate of Incorporation from the Securities and Exchange Commission on
June 3, 2013. It commenced business operations on August 12, 2013. In April 2014, Ms. J, an
employee of KKK Corp. in charge of preparing the annual income tax return of the corporation for
2013, got confused on whether she should prepare payment for the regular corporate income tax or
the minimum corporate income tax.
a) As Ms. J's supervisor, what will be your advice? (2%)
b) What are the distinctions between regular corporate income tax and minimum corporate
income tax? (3%)
XV.
In 2012, Dr. K decided to return to his hometown to start his own practice. At the end of 2012, Dr. K
found that he earned gross professional income in the amount of P1,000,000.00; while he incurred
expenses amounting to P560,000.00 constituting mostly of his office space rent, utilities, and
miscellaneous expenses related to his medical practice. However, to Dr. K's dismay, only P320,000.00
of his expenses were duly covered by receipts. What are the options available for Dr. K so he could
maximize the deductions from his gross income? (3%)
XVI.
LLL is a government instrumentality created by Executive Order to be primarily responsible for

integrating and directing all reclamation projects for the National Government. It was not organized as
a stock or a non-stock corporation, nor was it intended to operate commercially and compete in the
private market.
By virtue of its mandate, LLL reclaimed several portions of the foreshore and offshore areas of the
Manila Bay, some of which were within the territorial jurisdiction of Q City. Certificates of title to the
reclaimed properties in Q City were issued in the name of LLL in 2008. In 2014, Q City issued
Warrants of Levy on said reclaimed properties of LLL based on the assessment for delinquent
property taxes for the years 2010 to 2013.
a. Are the reclaimed properties registered in the name of LLL subject to real property tax? (4
%)
b. Will your answer be the same in (a) if from 2010 to the present time, LLL is leasing portions
of the reclaimed properties for the establishment and use of popular fastfood restaurants J
Burgers, G Pizza, and K Chicken? (2%)
XVII.
Mr. L owned several parcels of land and he donated a parcel each to his two children. Mr. L acquired
both parcels of land in 1975 for ll200,000.00. At the time of donation, the fair market value of the two
parcels of land, as determined by the CIR, was 112,300,000.00; while the fair market value of the
same properties as shown in the schedule of values prepared by the City Assessors was
112,500,000.00. What is the proper valuation of Mr. L's gifts to his children for purposes of computing
donor's tax? (3%)
XVIII.
Under the Tariff and Customs Code, as amended:

a. When does importation begin and when is it deemed terminated? (2%)
b. In what easels is the decision of the Collector automatically reviewed by the Commissioner
of Customs? In what instance/s is the decision of the Commissioner automatically appealed
to the Secretary of Finance? (4%)
XIX.
In 2014, M City approved an ordinance levying customs duties and fees on goods coming into the
territorial jurisdiction of the city. Said city ordinance was duly published on February 15, 2014 with
effectivity date on March 1, 2014.
a. Is there a ground for opposing said ordinance? (2%)

b. What is the proper procedural remedy and applicable time periods for challenging the
ordinance? (4%)
XX.
After filing an Information for violation of Section 254 of the National Internal Revenue Code (Attempt
to Evade or Defeat Tax) with the CTA, the Public Prosecutor manifested that the People is reserving
the right to file the corresponding civil action for the recovery of the civil liability for taxes. As counsel
for the accused, comment on the People's manifestation. (3%)
XXI.
MMM, Inc., a domestic telecommunications company, handles incoming telecommunications services

for non-resident foreign companies by relaying international calls within the Philippines. To broaden
the coverage of its telecommunications services throughout the country, MMM, Inc. entered into
various interconnection agreements with local carriers. The non-resident foreign corporations pay
MMM, Inc. in US dollars inwardly remitted through Philippine banks, in accordance with the rules and
regulations of theBangko Sentral ng Pilipinas.
MMM, Inc. filed its Quarterly VAT Returns for 2000. Subsequently, MMM, Inc. timely filed with the BIR
an administrative claim for the refund of the amount of P6,321,486.50, representing excess input VAT
attributable to its effectively zero-rated sales in 2000. The BIR ruled to deny the claim for refund of
MMM, Inc. because the VAT official receipts submitted by MMM, Inc. to substantiate said claim did not
bear the words "zero-rated" as required under Section 4.108-1 of Revenue Regulations (RR) No. 7-95.
On appeal, the CTA division and the CT A en bane affirmed the BIR ruling.
MMM, Inc. appealed to the Supreme Court arguing that the NIRC itself did not provide for such a
requirement. RR No. 7-95 should not prevail over a taxpayer's substantive right to claim tax refund or
credit.
a. Rule on the appeal of MMM, Inc. (3%)
b. Will your answer in (a) be any different if MMM, Inc. was claiming refund of excess input
VAT attributable to its effectively zero-rated sales in 2012? (2%)
XXII.
State the conditions for allowing the following as deductions from the gross estate of a citizen or
resident alien for the purpose of imposing estate tax:
a. Claims against the estate (2%)
b. Medical expenses (2%)
---ooo0ooo---

MERCANTILE LAW
November 22, 2015
8:00 A.M. - 12:00 NN.

INSTRUCTIONS
1. This Questionnaire contains eight (8) pages including these Instructions pages. Check the number of pages
There are 16 items (I to XVI) to be answered within/our (4) hours.
Chairperson
I.
A. Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook and the
finder was able to forge her signature and encash the forged check. Will Nadine be able to recover the
amount debited from her checking account from Fair & Square Bank? Justify your answer. (3%)
B. Is a manager's check as good as cash? Why or why not? (2%)
C. When can you treat a bill of exchange as a promissory note? (3%)
II.
A. Novette entered into a contract for the purchase of certain office supplies. The goods were shipped.
While in transit, the goods were insured by Novette. Does she have an insurable interest over the
goods even before delivery of the same to her? Explain. (2%)
B. Will an insurance policy be binding even if the premium is unpaid? What if it were partially paid?
(3%)
III.
A. Discuss the three-fold character of a bill of lading. (3%)
B. What is a "Jason clause" in a charter party? (2%)
C. Are common carriers liable for injuries to passengers even if they have observed ordinary diligence
and care? Explain. (2%)
IV.
A. Maine Den, Inc. opened an irrevocable letter of credit with Fair Bank, in connection with Maine Den,
Inc.' s importation of spare parts for its textile mills. The imported parts were released to Maine Den,
Inc. after it executed a trust receipt in favor of Fair Bank. When Maine Den, Inc. was unable to pay its
obligation under the trust receipt, Fair Bank sued Maine Den, Inc. for estafa under the Trust Receipts
Law. The court, however, dismissed the suit. Was the dismissal justified? Why or why not? (3%)
B. Does the rule "res perit domino" apply in trust receipt transactions? Explain. (2%)
V.
A. A standby letter of credit was issued by ABC Bank to secure the obligation of X Company to Y
Company. Under the standby letter of credit, if there is failure on the part of X Company to perform its
obligation, then Y Company will submit to ABC Bank a certificate of default (in the form prescribed
under the standby letter of credit) and ABC Bank will have to pay Y Company the defaulted amount.
Subsequently, Y Company submitted to ABC Bank a certificate of default notwithstanding the fact that
X Company was not in default. Can ABC Bank refuse to honor the certificate of default? Explain. (3%)
B. Is the Uniform Customs and Practice for Documentary Credits of the International Chamber of
Commerce applicable to commercial letters of credit issued by a domestic bank even if not expressly
mentioned in such letters of credit? What is the basis for your answer? (3%)
VI.
A. DEF Corporation has retained surplus profits in excess of 100% of its paid-in capital stock.
However, it is unable to declare dividends, because it had entered into a loan agreement with a certain
creditor wherein the declaration of dividends is not allowed without the consent of such creditor. If DEF
Corporation cannot obtain this consent, will it be justified in not declaring dividends to its stockholders?
Explain. (3%)
B. What is "watered stock" and what is the legal consequence of the issuance of such stock? (3%)
VII.
A. A foreign company has been exporting goods to a Philippine company for several years now. When
the Philippine company failed to pay the latest exportation, the foreign company sued to collect in the
Philippines. The Philippine company interposed the defense that the foreign company was doing
business in the Philippines without a license; hence, could not sue before a Philippine court. Is this
defense tenable? Explain your answer. (3%)
B. Define:
1. Doctrine of apparent authority (2%)
2. Trust fund doctrine (2%)
VIII.
Barn filed an action to enjoin SN Company's Board of Directors from selling a parcel of land registered in the
corporation's name, to compel the corporation to recognize Barn as a stockholder with 50 shares, to allow him
to inspect the corporate books, and to claim damages against the corporation and its officers. Subsequently,
the corporation and the individual defendants moved to dismiss the complaint since the corporation's certificate
of registration was revoked by the SEC during the pendency of Barn's case on the ground of non-compliance
with reportorial requirements. The special commercial court granted the motion and reasoned that only an
action for liquidation of assets can be maintained when a corporation has been dissolved and Barn cannot
seek reliefs which in effect lead to the continuation of the corporation's business. The court also ruled that it
lost jurisdiction over the intra-corporate controversy upon the dissolution of the corporation.
a.) Was the court correct? (3%)
b.) Four years later, SN Company files an action against Barn to recover corporate assets allegedly
held by the latter for liquidation. Will this action prosper? (3%)
IX.
A. Able Corporation sold securities to 21 non-qualified buyers during a 15-month period, without
registering the securities with the Securities and Exchange Commission. Did Able Corporation violate
the Securities Regulation Code? Explain. (2%)
B. Securities issued by the Philippine government are "exempt securities" and, therefore, need not be
registered with the Securities and Exchange Commission prior to their sale or offering to the public in
the Philippines. What is the rationale behind this exemption? (2%)
C. Why is the Securities Regulation Code called a "truth in securities law"? (2%)
X.
Mr. and Mrs. Reyes invested their hard-earned savings in securities issued by LEAD Bank. After discovering
that the securities sold to them were not registered with the SEC in violation of the Securities Regulation Code,
the spouses Reyes filed a complaint for nullity of contract and for recovery of a sum of money with the RTC.
LEAD Bank moved to dismiss the case on the ground that it is the SEC that has primary jurisdiction over
actions involving violations of the Securities Regulation Code. If you were the judge, how would you rule on the
motion to dismiss? (3%)
XI.
A. Why is the Bangko Sentral ng Pilipinas considered a lender of last resort? (2%)
B. Distinguish a conservator from a receiver of a bank. (2%)
C. What is insider trading? (2%)
XII.
A. Raymond invested his money in securities issued by the Philippine government, through his bank.
Subsequently, the Bureau of Internal Revenue asked his bank to disclose his investments. His bank
refused the request for disclosure on the ground that the investments are confidential under the
Secrecy of Bank Deposits Law (Republic Act No. 1405, as amended). Is the bank's refusal justified?
Defend your answer. (2%)
B. First Bank received an order of garnishment over a client's peso and dollar deposits in First Bank.
Should First Bank comply with that order? Explain. (3%)
XIII.
A. A commercial bank wants to acquire shares in a cement manufacturing company. Do you think it
can do that? Why or why not? (2%)
B. A court found the interest charged by a bank as excessive and unconscionable and struck down the
contractual stipulation on interest. If you were the judge, what would you impose as the applicable
interest rate? State your legal basis. (2%)
C. What is the single borrower's limit? (2%)
XIV.
A. Differentiate trademark, copyright and patent from each other. (6%)
B. What is the doctrine of equivalents? (2%)

C. In what ways would a case for infringement of trademark be different from a case for unfair
competition? (3%)
XV.
CHEN, Inc., a Taiwanese company, is a manufacturer of tires with the mark Light Year. From 2009 to 2014,
Clark Enterprises, a Philippine registered corporation, imported tires from CHEN, Inc. under several sales
contracts and sold them here in the Philippines. In 2015, CHEN, Inc. filed a trademark application with the
Intellectual Property Office (IPO) for the mark Light Year to be used for tires. The IPO issued CHEN, Inc. a
certificate of registration (COR) for said mark. Clark Enterprises sought the cancellation of the COR and
claimed it had a better right to register the mark Light Year. CHEN, Inc. asserted that it was the owner of the
mark and Clark Enterprises was a mere distributor. Clark Enterprises argued that there was no evidence on
record that the tires it imported from CHEN, Inc. bore the mark Light Year and Clark Enterprises was able to
prove that it was the first to use the mark here in the Philippines. Decide the case. (4%)
XVI.
A. On the anti-money laundering laws:
1. What is the distinction between a "covered transaction report" and a "suspicious
transaction report"? (2%)
2. Does the Anti-Money Laundering Council have the authority to freeze deposits? Explain.
(2%)
B. On foreign investments:
1. A foreign company has a distributor in the Philippines. The latter acts in his own name and
account. Will this distributorship be considered as doing business by the foreign company in
the Philippines? (3%)
2. ABC Corporation was organized in Malaysia but has a branch in the Philippines. It is
entirely owned by Filipino citizens. Can you consider ABC Corporation a Philippine national?
(2%)
---ooo0ooo---

CRIMINAL LAW
November 22, 2015
2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
There are 22 items (I to XXII to be answered within/our (4) hours.
Chairperson
I.
a) How are felonies committed? Explain each. (3%)

b) What is aberratio ictus? (2%)
II.
Distinguish between ex post facto law and bill of attainder. (3%)
III.
The Regional Trial Court {RTC) found Tiburcio guilty of frustrated homicide and sentenced him to an
indeterminate penalty of four years and one day of prision correccional as minimum, to eight years
ofprision mayor as maximum, and ordered him to pay actual damages in the amount of 1125,000.00.
Tiburcio appealed to the Court of Appeals which sustained his conviction as well as the penalty
imposed by the court a quo. After sixty days, the Court of Appeals issued an Entry of Judgment and
remanded the records of the case to the RTC. Three days thereafter, Tiburcio died of heart attack.
Atty. Abdul, Tiburcio's counsel, filed before the RTC a Manifestation with Motion to Dismiss, informing
the court that Tiburcio died already, and claiming that his criminal liability had been extinguished by his
demise.
a) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)
b) Assuming that Tiburcio' s death occurred before the Court of Appeals rendered its decision,
will you give a different answer? Explain. (2.5%)
IV.
Procopio, a call center agent assigned at a graveyard shift, went home earlier than usual. He
proceeded immediately to their bedroom to change his clothes. To his surprise, he found his wife
Bionci in bed making love to another woman Magna. Enraged, Procopio grabbed a knife nearby and
stabbed Bionci, who died.
a) What crime did Procopio commit, and what circumstance attended the case? Explain. (3%)
b) Assuming that Procopio and Bionci were common-law spouses, will your answer be the
same? Explain. (2%)
V.
Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months
ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal
abuse, Dion beat up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and
promised her that he would stop drinking and never beat her again. However, Dion did not make good
on his promise. Just after one week, he started drinking again. Talia once more endured the usual
verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he
was passed out from imbibing too much alcohol. Talia was charged with the crime of parricide.
a) May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal
liability? Explain. (2.5%)
b) Will your answer be the same, assuming that Talia killed Dion after being beaten up after a
second time? Explain. (2.5%)
VI.
Senator Adamos was convicted of plunder. About one year after beginning to serve his sentence, the
President of the Philippines granted him absolute pardon. The signed pardon states: "In view hereof,
and in pursuance of the authority vested upon me by the Constitution, I hereby grant absolute pardon
unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and upon whom the penalty
of reclusion perpetua was imposed." He now comes to you for advice. He wants to know if he could
run for senator in the next election.
a) What advice will you give Adamos? Explain. (2.5%)
b) Assuming that what Adamos committed was heading a rebellion for which he was imposed
the same penalty of reclusion perpetua, and what he received was amnesty from the
government, will your answer be the same? Explain. (2.5%)
VII.
Taylor was convicted of a violation of the Election Code, and was sentenced to suffer imprisonment of
one year as minimum, to three years as maximum. The decision of the trial court was affirmed on
appeal and became final and executory. Taylor failed to appear when summoned for execution of
judgment, prompting the judge to issue an order for his arrest. Taylor was able to use the backdoor
and left for the United States. Fifteen years later, Taylor returned to the Philippines and filed a Motion
to Quash the warrant of arrest against him, on the ground that the penalty imposed against him had
already prescribed.
a) If you were the judge, would you grant Taylor's Motion to Quash? Explain. (2.5%)
b) Assuming that instead of the United States, Taylor was able to go to another country with
which the Philippines had no extradition treaty, will your answer be the same? Explain. (2.5%)
VIII.
A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X

Municipality operated a shelter assistance program whereby construction materials were provided to
the calamity victims, and the beneficiaries provided the labor. The construction was partially done
when the beneficiaries stopped helping with the construction for the reason that they needed to earn
income to provide food for their families. When informed of the situation, Mayor Maawain approved the
withdrawal of ten boxes of food from X Municipality's feeding program, which were given to the
families of the beneficiaries of the shelter assistance program. The appropriations for the funds
pertaining to the shelter assistance program and those for the feeding program were separate items
on X Municipality's annual budget.

a) What crime did Mayor Maawain commit? Explain. (2.5%)
b) May Mayor Maawain invoke the defense of good faith and that he had no evil intent when
he approved the transfer of the boxes of food from the feeding program to the shelter
assistance program? Explain. (2.5%)
IX.
The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug pushing
activities of Rado, but could not arrest him for lack of concrete evidence. SP03 Relio, a PDEA team
leader, approached Emilo and requested him to act as poseur-buyer of shabu and transact with Rado.
Emilo refused, saying that he had completely been rehabilitated and did not want to have anything to
do with drugs anymore. But he was prevailed upon to help when SP03 Relio explained that only he
could help capture Rado because he used to be his customer. SP03 Relio then gave Emilo the
marked money to be used in buying shabu from Rado. The operation proceeded. After Emilo handed
the marked money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon
receiving the pre-arranged signal from Ernilo, SP03 Relio and his team members barged in and
arrested Rado and Ernilo, who were both charged with violation of R.A. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002.
a) What defense, if any, may Ernilo invoke to free himself from criminal liability? Explain.
(2.5%)
b) May Rado adopt as his own Ernilo's defense? Explain. (2.5%)
X.
Honesto and Wilma were married but had been living separately due to irreconcilable differences.
Honesto later met Celia and fell in love with her. Thinking that he could marry Celia if Wilma were to
die, Honesto decided to kill Wilma. He secretly followed Wilma for weeks to learn her daily routine. He
decided to kill her at night on her way home. On the night he was to kill Wilma, Honesto wore dark
clothes so that he would not be easily seen. He waited in the dark alley for Wilma to pass by. He saw
someone whom he thought looked like Wilma and shot her with a revolver. The bullet passed through
the person's head and grazed another passerby's arm. Some bystanders who heard the shot were
able to stop Honesto.
It turned out that Wilma did not report for work on that day, and the one who was shot in the head was
Melba, who died. The passerby whose arm was grazed by the bullet required medical attendance for
two days.
a) What crime(s) did Honesto commit? Explain. (2.5%)
b) Will your answer be the same, assuming that the other passerby was hit in the left eye
which caused his/her blindness? Explain. (2.5%)
XI.
Nel learned that Elgar, the owner of the biggest house in the place, would be out of town for three
days with no one left to watch the house. He called his friends Ben, Ardo and Gorio and they planned
to take the valuables in the house while Elgar was away. Nel and Ben would go inside the house, Ardo
would serve as the lookout, while Gorio would stay in the getaway car. When Elgar left, they carried
out their plan to the letter. Nel and Ben went inside the house through the backdoor which was left
unlocked. None of the rooms and drawers inside were locked. They took the money, jewelry and other
valuables therefrom and immediately left using the getaway car.
After driving for about one kilometer, Nel realized he left his bag and wallet with IDs in the house and
so he instructed Gorio to drive back to the house. Nel just went in thinking that the house was still
empty. But to his surprise, Nel found Fermin seated on a bench with Nel's bag and wallet beside him
and appeared to be texting using his smart phone. Nel took a golf club near him and hit Fermin with it.
Fermin shouted for help, but Nel kept hitting him until he stopped making noise. The noise alerted the
neighbor who called the police. Nel, Ben, Ardo and Gorio were caught. Fermin died. What is the
criminal liability of Nel, Ben, Ardo and Gorio? Explain. (5%)
XII.
Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a passenger
vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy Iason, also an
Indonesian national, seated at the back portion of the cabin and who was busy reading a newspaper.
Ando stealthily approached Iason and when he was near him, Ando stabbed and killed Iason. The
vessel is registered in Malaysia. The killing happened just a few moments after the vessel left the port
of Manila. Operatives from the PNP Maritime Command arrested Ando. Presented for the killing of
Iason, Ando contended that he did not incur criminal liability because both he and the victim were
Indonesians. He likewise argued that he could not be prosecuted in Manila because the vessel is a
Malaysian-registered ship. Discuss the merits of Ando's contentions. (4%)

XIII.
Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed that Elen would
remit the proceeds of the sale and return the unsold items to Dora within sixty days. The period
expired without Elen remitting the proceeds of the sale or returning the pieces of jewelry. Dora
demanded by phone that Elen turn over the proceeds of the sale and return the unsold pieces of
jewelry. Elen promised to do so the following day. El en still failed to make good on her promise but
instead issued post-dated checks. Thereafter, Dora made several more demands, the last of which
was in writing, but they were all unheeded. When the checks were deposited in Dora's bank account,
the checks were returned unpaid for insufficient funds. Elen was charged with estafa and violation of
Batas Pambansa Big. 22. Will the charges against Elen prosper? Explain. (4%)
XIV.
Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the processing of
the necessary documents. Dela collected P120,000.00 from Nita purportedly for the processing of her
papers. Upon receipt of the money, Nita was made to accomplish certain forms and was told that she
would be deployed to Taiwan within one month. After one month, Nita followed up on her application.
Dela made some excuses and told Nita that the deployment would be delayed. Another month passed
and Dela made other excuses which made Nita suspicious. Nita later discovered that Dela was not
licensed to recruit. Nita confronted Dela and demanded the return of her money. Dela promised to
return the same in a week's time.
a) A week later, Dela was nowhere to be found. What crime(s) did Dela commit? Explain.
(2.5%)
b) Will your answer still be the same, assuming that the promise to deploy for employment
abroad was made by Dela to Celia, Digna and Emma, in addition to Nita, and from whom
Dela also collected the same amount of processing fee? Explain. (2.5%)
XV.
Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of X Province.
Brusco, another member of the syndicate, regularly visited Dancio. Edri, the guard in charge who had
been receiving gifts from Brusco everytime he visited Dancio, became friendly with him and became
relaxed in the inspection of his belongings during his jail visits. In one of Brusco's visits, he was able to
smuggle in a pistol which Dancio used to disarm the guards and destroy the padlock of the main gate
of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain.
(5%)
XVI.
Erwin and Bea approached Mayor Abral and requested him to solemnize their marriage. Mayor Abral
agreed. Erwin and Bea went to Mayor Abral's office on the day of the ceremony, but Mayor Abral was
not there. When Erwin and Bea inquired where Mayor Abral was, his chief of staff Donato informed
them that the Mayor was campaigning for the coming elections. Donato told them that the Mayor
authorized him to solemnize the marriage and that Mayor Abral would just sign the documents when
he arrived. Donato thereafter solemnized the marriage and later turned over the documents to Mayor
Abral for his signature. In the marriage contract, it was stated that the marriage was solemnized by
Mayor Abral. What crime(s) did Mayor Abral and Donato commit? Explain. (4%)
XVII.
After a heated argument over his philandering, Higino punched on the head his wife Aika, who was six
and a half months pregnant. Because of the impact, Aika lost her balance, fell on the floor with her
head hitting a hard object. Aika died and the child was expelled prematurely. After thirty-six hours, the
child died.
a) What crime(s) did Higino commit? Explain. (2.5%)
b) Assuming that when the incident occurred, Aika was only six months pregnant, and when
she died, the fetus inside her womb also died, will your answer be different? Explain. (2.5%)
XVIII.
Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the key to the safe
where his father kept his licensed pistol and took the weapon. Knowing that Brutus usually hung out at
a nearby abandoned building after class, Lito went ahead and hid while waiting for Brutus. When Lito
was convinced that Brutus was alone, he shot Brutus, who died on the spot. Lito then hid the gun in
one of the empty containers. At the time of the shooting, Lito was fifteen years and one month old.
What is Lito's criminal liability? Explain. (4%)
XIX.
Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one
week. He was starting to worry because he still had not raised the amount to pay for his debt. Every
day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a
wallet on the back seat. Inspecting it, he learned that it contained exactly Pl 0,000.00 cash, the
amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were
answered, he took the money and used it to pay his debt.

a) What crime, if any, did Bruno commit? Explain. (2.5%)
b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to
the nearby police station, and it was the chief of police of that station who appropriated the
money for his own benefit, what crime was committed by the chief of police? Explain. (2.5%)
XX.
Senio planned to burn Bal' s house. One evening, during a drinking spree at his house, Senio told his
friends what he intended to do and even showed them the gasoline in cans that he would use for the
purpose. Carlo, a common friend of Senio and Bal, was present at the drinking spree. He was still
sober when Senio told them his plans. Before going home, Carlo warned Bal that Senio would burn
his house and had already bought gasoline that would be used for the purpose. Bal reported the
matter to the police authorities. Meanwhile, Senio went to Bal' s house and proceeded to pour
gasoline around the walls of the house and it was at that point when he was caught by the police.
What crime did Senio commit, if any? Explain. (3%)
XXI.
Filipino citizens Hector and Wendy were married in New York, and have been living happily in Manila
for the last three years. Hector was removing junk from his basement when he came across an
unlabeled recordable cd. He put it in his computer's DVD drive to check its contents. To his surprise,
he saw a video of Wendy and another man Ariel, in the act of sexual intercourse in the master's
bedroom of his house. Angered by what he saw, he filed a complaint for adultery against Wendy and
Ariel. During the course of the trial, and again to the surprise of Hector, it was proved that Wendy was
born male and underwent sex reassignment later in life.
a) May Hector's charge of adultery against Wendy and Ariel prosper? Explain. (3%)
b) What is an impossible crime? Can there be an impossible crime of adultery? (2%)
XXII.
Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was 14 years old
at the time the crime was committed and that Charlie was AAA's stepfather. The presentation of AAA's
birth certificate during the trial duly established the following: (1) that AAA was indeed 14 years old at
the time of the rape; and (2) that AAA's mother is BBB and her father was the late CCC. BBB and
Charlie only became live-in partners after CCC's death. The RTC found Charlie guilty of qualified rape.
On appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the
Supreme Court. How will you rule and why? (3%)
---ooo0ooo---

REMEDIAL LAW
November 29, 2015
8:00 A.M. - 12:00 NN.

INSTRUCTIONS
1. This Questionnaire contains twelve (12) 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 18 items (I to XVIII) to be answered within/our (4) hours.
Chairperson
I.
Lender extended to Borrower a Pl00,000.00 loan covered by a promissory note. Later, Borrower
obtained another Pl00,000.00 loan again covered by a promissory note. Still later, Borrower obtained a
P300,000.00 loan secured by a real estate mortgage on his land valued at 11500,000.00. Borrower
defaulted on his payments when the loans matured. Despite demand to pay the llS00,000.00 loan,
Borrower refused to pay. Lender, applying the totality rule, filed against Borrower with the Regional
Trial Court (RTC) of Manila, a collection suit for P500,000.00.
a.) Did Lender correctly apply the totality rule and the rule on joinder of causes of action?
(2%)
At the trial, Borrower's lawyer, while cross-examining Lender, successfully elicited an
admission from the latter that the two promissory notes have been paid. Thereafter,
Borrower's lawyer filed a motion to dismiss the case on the ground that as proven only
P300,000.00 was the amount due to Lender and which claim is within the exclusive original
jurisdiction of the Metropolitan Trial Court. He further argued that lack of jurisdiction over the
subject matter can be raised at any stage of the proceedings.
b.) Should the court dismiss the case? (3%)
II.
Circe filed with the RTC a complaint for the foreclosure of real estate mortgage against siblings Scylla
and Charybdis, co-owners of the property and cosignatories to the mortgage deed. The siblings
permanently reside in Athens, Greece. Circe tipped off Sheriff Pluto that Scylla is on a balikbayan trip
and is billeted at the Century Plaza Hotel in Pasay City. Sheriff Pluto went to the hotel and personally
served Scylla the summons, but the latter refused to receive summons for Charybdis as she was not
authorized to do so. Sheriff Pluto requested Scylla for the email address and fax number of Charybdis
which the latter readily gave. Sheriff Pluto, in his return of the summons, stated that "Summons for
Scylla was served personally as shown by her signature on the receiving copy of the summons.
Summons on Charybdis was served pursuant to the amendment of Rule 14 by facsimile transmittal of
the summons and complaint on defendant's fax number as evidenced by transmission verification
report automatically generated by the fax machine indicating that it was received by the fax number to
which it was sent on the date and time indicated therein."
Circe, sixty (60) days after her receipt of Sheriff Pluto's return, filed a Motion to Declare Charybdis in
default as Charybdis did not file any responsive pleading.
a.) Should the court declare Charybdis in default? (2%)
Scylla seasonably filed her answer setting forth therein as a defense that Charybdis had paid
the mortgage debt.
b.) On the premise that Charybdis was properly declared in default, what is the effect of
Scylla's answer to the complaint? (2%)
III.
Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed with the
RTC designated as a Family Court a petition for issuance of a Temporary Protection Order (TPO)
against her husband, Romeo. The Family Court issued a 30-day TPO against Romeo. A day before
the expiration of the TPO, Juliet filed a motion for extension. Romeo in his opposition raised, among
others, the constitutionality of R.A. No. 9262 (The VAWC Law) arguing that the law authorizing the
issuance of a TPO violates the equal protection and due process clauses of the 1987 Constitution.
The Family Court judge, in granting the motion for extension of the TPO, declined to rule on the
constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts are without
jurisdiction to pass upon constitutional issues, being a special court of limited jurisdiction and R.A. No.
8369, the law creating the Family Courts, does not provide for such jurisdiction. Is the Family Court
judge correct when he declined to resolve the constitutionality of R.A. No. 9262? (3%)
IV.
Strauss filed a complaint against Wagner for cancellation of title. Wagner moved to dismiss the
complaint because Grieg, to whom he mortgaged the property as duly annotated in the TCT, was not
impleaded as defendant.
a.) Should the complaint be dismissed? (3%)
b.) If the case should proceed to trial without Grieg being impleaded as a party to the case,
what is his remedy to protect his interest? (2%)
V.
Ernie filed a petition for guardianship over the person and properties of his father, Ernesto. Upon
receipt of the notice of hearing, Ernesto filed an opposition to the petition. Ernie, before the hearing of
the petition, filed a motion to order Ernesto to submit himself for mental and physical examination
which the court granted.

After Ernie's lawyer completed the presentation of evidence in support of the petition and the court's
ruling on the formal offer of evidence, Ernesto's lawyer filed a demurrer to evidence.
Ernie's lawyer objected on the ground that a demurrer to evidence is not proper in a special
proceeding.
a.) Was Ernie's counsel's objection proper? (2%)
b.) If Ernesto defies the court's order directing him to submit to physical and mental
examinations, can the court order his arrest? (2%)
VI.
A law was passed declaring Mt. Karbungko as a protected area since it as a major watershed. The
protected area covered a portion located in Municipality A of the Province I and a portion located in the
City of Z of Province II. Maingat is the leader of Samahan ng Tagapag-ingat ng Karbungko (STK), a
people's organization. He learned that a portion of the mountain located in the City of Z of Province II
was extremely damaged when it was bulldozed and leveled to the ground, and several trees and
plants were cut down and burned by workers of World Pleasure Resorts, Inc. (WPRI) for the
construction of a hotel and golf course. Upon inquiry with the project site engineer if they had a permit
for the project, Maingat was shown a copy of the Environmental Compliance Certificate (ECC) issued
by the DENR-EMB, Regional Director (RD-DENR-EMB). Immediately, Maingat and STK filed a petition
for the issuance of a writ of continuing mandamus against RD-DENR-EMB and WPRI with the RTC of
Province I, a designated environmental court, as the RD-DENR-EMB negligently issued the ECC to
WPRI.
On scrutiny of the petition, the court determined that the area where the alleged actionable neglect or
omission subject of the petition took place in the City of Z of Province II, and therefore cognizable by
the RTC of Province II. Thus, the court dismissed outright the petition for lack of jurisdiction.
a.) Was the court correct in motu proprio dismissing the petition? (3%)
Assuming that the court did not dismiss the petition, the RD-DENR-EMB in his Comment
moved to dismiss the petition on the ground that petitioners failed to appeal the issuance of
the ECC and to exhaust administrative remedies provided in the DENR Rules and
Regulations.
b.) Should the court dismiss the petition? (3%)
VII.
Plaintiff sued defendant for collection of P 1 million based on the latter's promissory note. The
complaint alleges, among others:
1) Defendant borrowed P1 million from plaintiff as evidenced by a duly executed promissory note;
2) The promissory note reads:
"Makati, Philippines
Dec. 30, 2014
For value received from plaintiff, defendant promises to pay plaintiff Pl million, twelve (12) months from
the above indicated date without necessity of demand.
Signed
Defendant"
A copy of the promissory note is attached as Annex "A."
Defendant, in his verified answer, alleged among others:
1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the complaint, the truth being
defendant did not execute any promissory note in favor of plaintiff, or
2) Defendant has paid the Ill million claimed in the promissory note (Annex "A" of the Complaint) as
evidenced by an "Acknowledgment Receipt" duly executed by plaintiff on January 30, 2015 in Manila
with his spouse signing as witness.

A copy of the "Acknowledgment Receipt" is attached as Annex "1" hereof.
Plaintiff filed a motion for judgment on the pleadings on the ground that defendant's answer failed to
tender an issue as the allegations therein on his defenses are sham for being inconsistent; hence, no
defense at all. Defendant filed an opposition claiming his answer tendered an issue.
a.) Is judgment on the pleadings proper? (3%)
Defendant filed a motion for summary judgment on the ground that there are no longer any
triable genuine issues of facts.
b.) Should the court grant defendant's motion for summary judgment? (3%)
VIII.
Aldrin entered into a contract to sell with Neil over a parcel of land. The contract stipulated a
P500,000.00 down payment upon signing and the balance payable in twelve (12) monthly installments
of Pl00,000.00. Aldrin paid the down payment and had paid three (3) monthly installments when he
found out that Neil had sold the same property to Yuri for Pl.5 million paid in cash. Aldrin sued Neil for
specific performance with damages with the RTC. Yuri, with leave of court, filed an answer-inintervention as he had already obtained a TCT in his name. After trial, the court rendered judgment
ordering Aldrin to pay all the installments due, the cancellation of Yuri's title, and Neil to execute a
deed of sale in favor of Aldrin. When the judgment became final and executory, Aldrin paid Neil all the
installments but the latter refused to execute the deed of sale in favor of the former.
Aldrin filed a "Petition for the Issuance of a Writ of Execution" with proper notice of hearing. The
petition alleged, among others, that the decision had become final and executory and he is entitled to
the issuance of the writ of execution as a matter of right. Neil filed a motion to dismiss the petition on
the ground that it lacked the required certification against forum shopping.
a.) Should the court grant Neil's Motion to Dismiss? (3%)
Despite the issuance of the writ of execution directing Neil to execute the deed of sale in favor
of Aldrin, the former obstinately refused to execute the deed.
b.) What is Aldrin's remedy? (2%)
IX.
Hades, an American citizen, through a dating website, got acquainted with Persephone, a Filipina.
Hades came to the Philippines and proceeded to Baguio City where Persephone resides. Hades and
Persephone contracted marriage, solemnized by the Metropolitan Trial Court judge of Makati City.
After the wedding, Hades flew back to California, United States of America, to wind up his business
affairs. On his return to the Philippines, Hades discovered that Persephone had an illicit affair with
Phanes. Immediately, Hades returned to the United States and was able to obtain a valid divorce
decree from the Superior Court of the County of San Mateo, California, a court of competent
jurisdiction against Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at
Baccus Grill in Pasay City.
a.) As Hades' lawyer, what petition should you file in order that your client can avoid
prosecution for bigamy ifhe desires to marry Hestia? (2%)
b.) In what court should you file the petition? (1%)
c.) What is the essential requisite that you must comply with for the purpose of establishing
jurisdictional facts before the court can hear the petition? (3%)
X.
An information for murder was filed against Rapido. The RTC judge, after personally evaluating the
prosecutor's resolution, documents and parties' affidavits submitted by the prosecutor, found probable
cause and issued a warrant of arrest. Rapido's lawyer examined the rollo of the case and found that it
only contained the copy of the information, the submissions of the prosecutor and a copy of the
warrant of arrest. Immediately, Rapido's counsel filed a motion to quash the arrest warrant for being
void, citing as grounds:
a.) The judge before issuing the warrant did not personally conduct a searching examination
of the prosecution witnesses in violation of his client's constitutionally-mandated rights;
b.) There was no prior order finding probable cause before the judge issued the arrest
warrant.
May the warrant of arrest be quashed on the grounds cited by Rapido's counsel? State your
reason for each ground. (4%)
XI.
The Ombudsman found probable cause to charge with plunder the provincial governor, vice governor,
treasurer, budget officer, and accountant. An Information for plunder was filed with the Sandiganbayan
against the provincial officials except for the treasurer who was granted immunity when he agreed to
cooperate with the Ombudsman in the prosecution of the case. Immediately, the governor filed with
the Sandiganbayan a petition for certiorari against the Ombudsman claiming there was grave abuse of
discretion in excluding the treasurer from the Information.
a.) Was the remedy taken by the governor correct? (2%)
b.) Will the writ of mandamus lie to compel the Ombudsman to include the treasurer in the
Information? (3%)
c.) Can the Special Prosecutor move for the discharge of the budget officer to corroborate the
testimony of the treasurer in the course of presenting its evidence? (2%)
XII.
Paz was awakened by a commotion coming from a condo unit next to hers. Alarmed, she called up the
nearby police station. PO 1 Remus and P02 Romulus proceeded to the condo unit identified by Paz.
PO 1 Remus knocked at the door and when a man opened the door, POI Remus and his companions
introduced themselves as police officers. The man readily identified himself as Oasis Jung and
gestured to them to come in. Inside, the police officers saw a young lady with her nose bleeding and
face swollen. Asked by P02 Romulus what happened, the lady responded that she was beaten up by
Oasis Jung. The police officers arrested Oasis Jung and brought him and the young lady back to the
police station. PO1 Remus took the young lady's statement who identified herself as AA. She narrated
that she is a sixteen-year-old high school student; that previous to the incident, she had sexual
intercourse with Oasis Jung at least five times on different occasions and she was paid P5,000.00
each time and it was the first time that Oasis Jung physically hurt her. P02 Romulus detained Oasis
Jung at the station's jail. After the inquest proceeding, the public prosecutor filed an information for
Violation of R.A. No. 9262 (The VA WC Law) for physical violence and five separate informations for
violation of R.A. No. 7610 (The Child Abuse Law). Oasis Jung's lawyer filed a motion to be admitted to
bail but the court issued an order that approval of his bail bond shall be made only after his
arraignment.
a.) Did the court properly impose that bail condition? (3%)
Before arraignment, Oasis Jung's lawyer moved to quash the other four separate informations
for violation of the child abuse law invoking the single larceny rule.
b.) Should the motion to quash be granted? (2%)
c.) After his release from detention on bail, can Oasis Jung still question the validity of his
arrest? (2%)
XIII.
Jaime was convicted for murder by the Regional Trial Court of Davao City in a decision promulgated
on September 30, 2015. On October 5, 2015, Jaime filed a Motion for New Trial on the ground that
errors of law and irregularities prejudicial to his rights were committed during his trial. On October 7,
2015, the private prosecutor, with the conformity of the public prosecutor, filed an Opposition to
Jaime's motion. On October 9, 2015, the court granted Jaime's motion. On October 12, 2015, the
public prosecutor filed a motion for reconsideration. The court issued an Order dated October 16,
2015 denying the public prosecutor's motion for reconsideration. The public prosecutor received his
copy of the order of denial on October 20, 2015 while the private prosecutor received his copy on
October 26, 2015.
a.) What is the remedy available to the prosecution from the court's order granting Jaime's
motion for new trial? (3%)
b.) In what court and within what period should a remedy be availed of? (1%)
c.) Who should pursue the remedy? (2%)
XIV.
Pedro was charged with theft for stealing Juan's cellphone worth P20,000.00. Prosecutor Marilag at
the pre-trial submitted the judicial affidavit of Juan attaching the receipt for the purchase of the
cellphone to prove civil liability. She also submitted the judicial affidavit of Mario, an eyewitness who
narrated therein how Pedro stole Juan's cellphone.
At the trial, Pedro's lawyer objected to the prosecution's use of judicial affidavits of her witnesses
considering the imposable penalty on the offense with which his client was charged.
a.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Mario? (2%)
b.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Juan? (2%)
At the conclusion of the prosecution's presentation of evidence, Prosecutor Marilag orally
offered the receipt attached to Juan's judicial affidavit, which the court admitted over the
objection of Pedro's lawyer.
After Pedro's presentation of his evidence, the court rendered judgment finding him guilty as
charged and holding him civilly liable for P20,000.00.
Pedro's lawyer seasonably filed a motion for reconsideration of the decision asserting that the
court erred in awarding the civil liability on the basis of Juan's judicial affidavit, a documentary
evidence which Prosecutor Marilag failed to orally offer.
c.) Is the motion for reconsideration meritorious? (2%)
XV.
Water Builders, a construction company based in Makati City, entered into a construction agreement
with Super Powers, Inc., an energy company based in
Manila, for the construction of a mini hydro electric plant. Water Builders failed to complete the project
within the stipulated duration. Super Powers cancelled the contract. Water Builders filed a request for
arbitration with the Construction Industry Arbitration Commission (CIAC). After due proceedings, CIAC
rendered judgment in favor of Super Powers, Inc. ordering Water Builders to pay the former P10
million, the full amount of the down payment paid, and P2 million by way of liquidated damages.
Dissatisfied with the CIAC's judgment, Water Builders, pursuant to the Special Rules of Court on
Alternative Dispute Resolution (ADR Rules) filed with the RTC of Pasay City a petition to vacate the
arbitral award. Super Powers, Inc., in its opposition, moved to dismiss the petition, invoking the ADR
Rules, on the ground of improper venue as neither of the parties were doing business in Pasay City.
Should Water Builders' petition be dismissed? (3%)
XVI.
AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her. Later, BB
brought AA to a nearby shanty where he raped her. The Information for rape filed against BB states:
"On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this Honorable Court,
the accused, a minor, fifteen (15) years old with lewd design and by means of force, violence and
intimidation, did then and there, willfully, unlawfully and feloniously had sexual intercourse with AA, a
minor, twelve (12) years old against the latter's will and consent."
At the trial, the prosecutor called to the witness stand AA as his first witness and manifested that he be
allowed to ask leading questions in conducting his direct examination pursuant to the Rule on the
Examination of a Child Witness. BB's counsel objected on the ground that the prosecutor has not
conducted a competency examination on the witness, a requirement before the rule cited can be
applied in the case.
a.) Is BB's counsel correct? (3%)
In order to obviate the counsel's argument on the competency of AA as prosecution witness,
the judge motu proprio conducted his voir dire examination on AA.
b.) Was the action taken by the judge proper? (2%)
After the prosecution had rested its case, BB' s counsel filed with leave a demurrer to
evidence, seeking the dismissal of the case on the ground that the prosecutor failed to
present any evidence on BB' s minority as alleged in the Information.
c.) Should the court grant the demurrer? (3%)
XVII.
Hercules was walking near a police station when a police officer signaled for him to approach. As soon
as Hercules came near, the police officer frisked him but the latter found no contraband. The police
officer told Hercules to get inside the police station. Inside the police station, Hercules asked the police
officer, "Sir, may problema po ba?" Instead of replying, the police officer locked up Hercules inside the
police station jail.
a.) What is the remedy available to Hercules to secure his immediate release from detention?
(2%)
b.) If Hercules filed with the Ombudsman a complaint for warrantless search, as counsel for
the police officer, what defense will you raise for the dismissal of the complaint? (3%)
c.) If Hercules opts to file a civil action against the police officer, will he have a cause of
action? (3%)
XVIII.
The residents of Mt. Ahohoy, headed by Masigasig, formed a nongovernmental organization - Alyansa
Laban sa Minahan sa Ahohoy (ALMA) to protest the mining operations of Oro Negro Mining in the
mountain. ALMA members picketed daily at the entrance of the mining site blocking the ingress and
egress of trucks and equipment of Oro Negro, hampering its operations. Masigasig had an altercation
with Mapusok arising from the complaint of the mining engineer of Oro Negro that one of their trucks
was destroyed by ALMA members. Mapusok is the leader of the Association of Peace Keepers of
Ahohoy (APKA), a civilian volunteer organization serving as auxiliary force of the local police to
maintain peace and order in the area. Subsequently, Masigasig disappeared. Mayumi, the wife of
Masigasig, and the members of ALMA searched for Masigasig, but all their efforts proved futile.
Mapagmatyag, a member of ALMA, learned from Maingay, a member of APKA, during their binge
drinking that Masigasig was abducted by other members of APKA, on order of Mapusok. Mayumi and
ALMA sought the assistance of the local police to search for Masigasig, but they refused to extend
their cooperation.
Immediately, Mayumi filed with the RTC, a petition for the issuance of the writ of amparo against
Mapusok and APKA. ALMA also filed a petition for the issuance of the writ of amparo with the Court of
Appeals against Mapusok and APKA. Respondents Mapusok and APKA, in their Return filed with the
RTC, raised among their defenses that they are not agents of the State; hence, cannot be impleaded
as respondents in an amparo petition.
a.) Is their defense tenable? (3%)
Respondents Mapusok and APKA, in their Return filed with the Court of Appeals, raised as
their defense that the petition should be dismissed on the ground that ALMA cannot file the
petition because of the earlier petition filed by Mayumi with the RTC.
b.) Are respondents correct in raising their defense? (3%)
c.) Mayumi later filed separate criminal and civil actions against Mapusok. How will the cases
affect the amparo petition she earlier filed? (1%)
---ooo0ooo---

LEGAL ETHICS
November 29, 2015
2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
There are 24 items (I to XXIV) to be answered within/our (4) hours.
Chairperson
I.
Define the following terms:

a. counsel de oficio
b. counsel de parte
c. amicus curiae
d. attorney of record (4%)
II.
In open court, accused Marla manifested that she had already settled in full the civil aspect of the
criminal case filed against her in the total amount of P58,000.00. Marla further alleged that she paid
directly to private complainant Jasmine the amount of P25,000.00. The balance of P33,000.00 was
delivered to Atty. Jeremiah, Jasmine's lawyer, evidenced by a receipt signed by Atty. Jeremiah himself.
However, Jasmine manifested that she did not receive the amount of P33,000.00 which Marla turned
over to Atty. Jeremiah. Despite Jasmine's requests to turn over the money, Atty. Jeremiah failed to do
so. It was only after Jasmine already filed an administrative complaint against Atty. Jeremiah that the
latter finally paid the P33,000.00 to the former, but in three installment payments of Pl1,000.00 each.
Atty. Jeremiah claimed that he decided to hold on to the P33,000.00 at first because Jasmine had not
yet paid his attorney's fees.
Is Atty. Jeremiah administratively liable? Explain. (3%)
III.
Maria and Atty. Evangeline met each other and became good friends at zumba class. One day, Maria
approached Atty. Evangeline for legal advice. It turned out that Maria, a nurse, previously worked in
the Middle East. So she could more easily leave for work abroad, she declared in all her documents
that she was still single. However, Maria was already married with two children. Maria again had plans
to apply for work abroad but this time, wished to have all her papers in order. Atty. Evangeline,
claiming that she was already overloaded with other cases, referred Maria's case to another lawyer.
Maria found it appalling that after Atty. Evangeline had learned of her secrets, the latter refused to
handle her case.
Maria's friendship with Atty. Evangeline permanently turned sour after Maria filed an administrative
case against the latter for failing to return borrowed jewelry. Atty. Evangeline, on the other hand,
threatened to charge Maria with a criminal case for falsification of public documents, based on the
disclosures Maria had earlier made to Atty. Evangeline.
a. Was the consultation of Maria with Atty. Evangeline considered privileged? (1%)
b. What are the factors to establish the existence of attorney-client privilege? (3%)
IV.
The Lawyer's Oath is a source of obligation and its violation is a ground for suspension, disbarment, or
other disciplinary action. State in substance the Lawyer's Oath. (3%)
V.
Judge Ana P. Sevillano had an issue with the billings for the post-paid cellular phone services of her
16-year-old daughter for the last three consecutive months. Although Judge Sevillano had been
repeatedly calling the Customer Service Hotline of Universal Telecoms, the billings issue was never
fully settled to Judge Sevillano's satisfaction. Finally, Judge Sevillano wrote the National
Telecommunications Commission a letter of complaint against Universal Telecoms, using her official
court stationery and signing the letter as "Judge Ana P. Sevillano." Did Judge Sevillano violate any
professional or ethical standard for judges? Justify your answer. (3%)
VI.
Casper Solis graduated with a Bachelor of Laws degree from Achieve University in 2000 and took and
passed the bar examinations given that same year. Casper passed the bar examinations and took the
Attorney's Oath together with other successful bar examinees on March 19, 2001 at the Philippine
International Convention Center (PICC). He was scheduled to sign the Roll of Attorneys on May 24,
2001 but he misplaced the Notice to Sign the Roll of Attorneys sent by the Office of the Bar Confidant
after he went home to the province for a vacation. Since taking his oath in 2001, Casper had been
employed by several law firms and private corporations, mainly doing corporate and taxation work.
When attending a seminar as part of his Mandatory Continuing Legal Education in 2003, Casper was
unable to provide his roll number. Seven years later in 2010, Casper filed a Petition praying that he be
allowed to sign the Roll of Attorneys. Casper alleged good faith, initially believing that he had already
signed the Roll before entering PICC for his oath-taking on March 19, 2001.
a. Can Casper already be considered a member of the Bar and be allowed to use the title of
"attorney"? Explain. (1%)
b. Did Casper commit any professional or ethical transgression for which he could be held
administratively liable? (2%)
c. Will you grant Casper's Petition to belatedly sign the Roll of Attorneys? Why? (2%)
VII.
Cite some of the characteristics of the legal profession which distinguish it from business. (4%)
VIII.
Engr. Gilbert referred his friends, spouses Richard and Cindy Maylupa, to Atty. Jane for the institution
of an action for partition of the estate of Richard's deceased father. In a letter, Atty. Jane promised to
give Engr. Gilbert a commission equivalent to 15% of the attorney's fees she would receive from the
spouses Maylupa. Atty. Jane, however, failed to pay Engr. Gilbert the promised commission despite
already terminating the action for partition and receiving attorney's fees amounting to about
P600,000.00. Engr. Gilbert repeatedly demanded payment of his commission but Atty. Jane ignored
him. May Atty. Jane professionally or ethically promise a commission to Engr. Gilbert? Explain. (3%)
IX.
a. Explain the doctrine of quantum meruit in determining the amount of attorney's fees. (2%)
b. Identify the factors to be considered in determining attorney's fees on a quantum meruit basis. (2%)
X.
The spouses Manuel were the registered owners of a parcel of land measuring about 200,000 square
meters. On May 4, 2008, the spouses Manuel sold the land for P3,500,000.00 to the spouses Rivera
who were issued a certificate of title for said land in their names. Because the spouses Rivera failed to
pay the balance of the purchase price for the land, the spouses Manuel, through Atty. Enriquez,
instituted an action on March 18, 2010 before the Regional Trial Court (RTC) for sum of money and/or
annulment of sale, docketed as Civil Case No. 1111. The complaint in Civil Case No. 1111 specifically
alleged that Atty. Enriquez would be paid P200,000.00 as attorney's fees on a contingency basis. The
RTC subsequently promulgated its decision upholding the sale of the land to the spouses Rivera. Atty.
Enriquez timely filed an appeal on behalf of the spouses Manuel before the Court of Appeals. The
appellate court found for the spouses Manuel, declared the sale of the land to the spouses Rivera null
and void, and ordered the cancellation of the spouses Rivera's certificate of title for the land. The
Supreme Court dismissed the spouses Rivera's appeal for lack of merit. With the finality of judgment
in Civil Case No. 1111 on October 20, 2014, Atty. Enriquez filed a motion for the issuance of a writ of
execution.
Meanwhile, the spouses Rivera filed on November 10, 2014 before the RTC a case for quieting of title
against the spouses Manuel, docketed as Civil Case No. 2222. The spouses Manuel, again through
Atty. Enriquez, filed a motion to dismiss Civil Case No. 2222 on the ground of res judicata given the
final judgment in Civil Case No. 1111.
Pending the resolution of the motion to dismiss in Civil Case No. 2222, the RTC granted on February
9, 2015 the motion for issuance of a writ of execution in Civil Case No. 1111 and placed the spouses
Manuel in possession of the land. Atty. Enriquez, based on a purported oral agreement with the
spouses Manuel, laid claim to Y2 of the land, measuring 100,000.00 square meters with market value
of Pl,750,000.00, as his attorney's fees. Atty. Enriquez caused the subdivision of the land in two equal
portions and entered into the half he appropriated for himself.
Based on the professional and ethical standards for lawyers, may Atty. Enriquez claim Yi of the land
as his contingency fee? Why? (4%)
XI.
Atty. Belinda appeared as counsel for accused Popoy in a case being heard before Judge Tadhana.
After Popoy was arraigned, Atty. Belinda moved for a resetting of the pre-trial conference. This visibly
irked Judge Tadhana and so before Atty. Belinda could finish her statement, Judge Tadhana cut her off
by saying that if she was not prepared to handle the case, then he could easily assign a counsel de
oficio for Popoy. Judge Tadhana also uttered that Atty. Belinda was wasting the precious time of the
court. Atty. Belinda tried to explain that she was capable of handling the case but before she could
finish her explanation, Judge Tadhana again cut her off and accused her of always making excuses for
her incompetence. Judge Tadhana even declared that he did not care if Atty. Belinda filed a thousand
administrative cases against him.

According to Atty. Belinda, Judge Tadhana had also humiliated her like that in the past for the flimsiest
of reasons. Even Atty. Belinda's clients were not spared from Judge Tadhana's wrath as he often
scolded witnesses who failed to respond immediately to questions asked of them on the witness
stand.
Atty. Belinda filed an administrative case against Judge Tadhana. Do the acts of Judge Tadhana as
described above constitute a violation of the Code of Judicial Conduct? Explain. (3%)
XII.
a. What is the best form of advertising possible for a lawyer? (2%)

b. What are the allowable or permissible forms of advertising by a lawyer? (3%)
XIII.
In a land registration case before Judge Lucio, the petitioner is represented by the second cousin of
Judge Lucio's wife.
a. Differentiate between compulsory and voluntary disqualification and determine if Judge
Lucio should disqualify himself under either circumstance. (3%)
b. If none of the parties move for his disqualification, may Judge Lucio proceed with the case?
(2%)
XIV.
Identify and briefly explain three of the canons under the New Code of Judicial Conduct for the
Philippine Judiciary. (6%)
XV.
Jon served as Chief Executive Officer (CEO) of PBB Cars, Inc. (PBB), a family-owned corporation
engaged in the buying and selling of second hand cars. Atty. Teresa renders legal services to PBB on
a retainer basis.
In 2010, Jon engaged Atty. Teresa's services for a personal case. Atty. Teresa represented Jon in a BP
Big. 22 case filed against him by the spouses Yuki. Jon paid a separate legal fee for Atty. Teresa's
services.
Jon subsequently resigned as CEO of PBB in 2011. In 2012, Atty. Teresa filed on behalf of PBB a
complaint for replevin and damages against Jon to recover the car PBB had assigned to him as a
service vehicle. Atty. Teresa, however, had not yet withdrawn as Jon's counsel of record in the BP Big.
22 case, which was still then pending.
Jon filed an administrative case for disbarment against Atty. Teresa for representing conflicting
interests and violating the Code of Professional Responsibility. Atty. Teresa countered that since the
BP Blg. 22 case and the replevin case are unrelated and involved different issues, parties, and subject
matters, there was no conflict of interest and she acted within the bounds of legal ethics.
Is Atty. Teresa's contention tenable? Explain. (3%)
XVI.
Atty. Luna Tek maintains an account in the social media network called Twitter and has 1,000 followers
there, including fellow lawyers and some clients. Her Twitter account is public so even her nonfollowers could see and read her posts, which are called tweets. She oftentimes takes to Twitter to
vent about her daily sources of stress like traffic or to comment about current events. She also tweets
her disagreement and disgust with the decisions of the Supreme Court by insulting and blatantly
cursing the individual Justices and the Court as an institution.
a. Does Atty. Luna Tek act in a manner consistent with the Code of Professional
Responsibility? Explain the reasons for your answer. (3%)
b. Describe the relationship between a lawyer and the courts. (3%)
XVII.
Give three instances when a lawyer is allowed to withdraw his/her services. (3%)
XVIII.
Atty. Javier sold a piece of land in favor of Gregorio for P2,000,000.00. Atty. Javier drafted the Deed of
Sale with Right to Repurchase which he and Gregorio signed on August 12, 2002. Under said Deed,
Atty. Javier represented that he had "the perfect right to dispose as owner in fee simple" the land and
that the land is "free from all liens and encumbrances." The Deed also stated that Atty. Javier had two
years within which to repurchase the property. Atty. Javier turned over the owner's copy of his
certificate of title, TCT No. 12121, to Gregorio. Gregorio then immediately took possession of the land.
Atty. Javier failed to exercise his right to repurchase within two years. Gregorio sent Atty. Javier a letter
dated April 8, 2005 demanding that the latter already repurchase the property. Despite receipt of
Gregorio's letter, Atty. Javier still failed to repurchase the property. Gregorio remained in peaceful
possession of the land until July 25, 2013, when he received notice from Trustworthy Bank informing
him that the land was mortgaged to said bank, that the bank already foreclosed on the land, and that
Gregorio should therefore vacate the land. Upon investigation, Gregorio discovered that Atty. Javier's
TCT No. 12121 had already been cancelled when another bank foreclosed on a previous mortgage on
the land, but after a series of transactions, Atty. Javier was able to reacquire the land and secure TCT
No. 34343 for the same. With TCT No. 34343, Atty. Javier constituted another mortgage on the land in
favor of Trustworthy Bank on February 22, 2002. Gregorio was subsequently dispossessed of the
property.
Gregorio filed an administrative complaint against Atty. Javier. In his defense, Atty. Javier argued that
he could not be held administratively liable as there was no attorney-client relationship between him
and Gregorio. Moreover, the transaction was not actually one of sale with right to repurchase, but one
of equitable mortgage, wherein he still had the legal right to mortgage the land to other persons.
a. If you are tasked to investigate and report on Gregorio's administrative complaint against
Atty. Javier, what will be your recommendation and finding? (3%)
b. In the same administrative case, may Atty. Javier be ordered to return the P2,000,000.00
purchase price to Gregorio? Explain. (3%)
XIX.
a. What are the grounds for disbarment or suspension from office of an attorney? (4%)
b. If Atty. Babala is also admitted as an attorney in a foreign jurisdiction, what is the effect of his
disbarment or suspension by a competent court or other disciplinary authority in said foreign
jurisdiction to his membership in the Philippine Bar? (2%)
XX.
Cecilio is one of the 12 heirs of his father Vicente, who owned an agricultural land located in Bohol.
Cecilio filed a complaint charging Judge Love Koto with abuse of discretion and authority for preparing
and notarizing a document entitled "Extra-Judicial Partition with Simultaneous Deed of Sale" executed
by Cecilio's mother Divina and brother Jose. Jose signed the Deed on his own behalf and purportedly
also on behalf of his brothers and sisters, including Cecilio. Cecilio though alleged that in his Special
Power of Attorney, he merely granted Jose the authority to mortgage said agricultural land but not to
partition, much less to sell the same. Judge Koto contended that in a municipality where a notary
public is unavailable, a municipal judge is allowed to notarize documents or deeds as ex officio notary
public. He claimed that he acted in good faith and only wanted to help. Did Judge Koto violate any
rules? Discuss. (3%)
XXI.
Judge Junior attended the 50th birthday party of his fraternity brother, Atty. Vera. Also present at the
party was Atty. Rico who was Atty. Vera's classmate way back in high school and who was handling
Civil Case No. 5555 currently pending before Judge Junior's court. Well-aware that Atty. Rico had a
case before his sala, Judge Junior still sat next to Atty. Rico at a table, and the two conversed with
each other, and ate and drank together throughout the night. Since Atty. Vera was a well-known
personality, his birthday party was featured in a magazine. The opposing party to Atty. Rico's client in
Civil Case No. 5555, while flipping through the pages of the magazine, came upon the pictures of
Judge Junior and Atty. Rico together at the party and used said pictures as bases for instituting an
administrative case against Judge Junior. Judge Junior, in his answer, reasoned that he attended Atty.
Vera's party in his private capacity, that he had no control over who Atty. Vera invited to the party, and
that he and Atty. Rico never discussed Civil Case No. 5555 during the party. Did Judge Junior commit
an administrative infraction? Explain. (3%)
XXII.
a. Describe briefly the Mandatory Continuing Legal Education (MCLE) for a member of the Integrated
Bar of the Philippines and the purpose of the same. (2%)
b. Name three parties exempted from the MCLE. (3%)
XXIII.
Atty. Billy, a young associate in a medium-sized law firm, was in a rush to meet the deadline for filing
his appellant's brief. He used the internet for legal research by typing keywords on his favorite search
engine, which led him to many websites containing text of Philippine jurisprudence. None of these
sites was owned or maintained by the Supreme Court. He found a case he believed to be directly
applicable to his client's cause, so he copied the text of the decision from the blog of another law firm,
and pasted the text to the document he was working on. The formatting of the text he had copied was
lost when he pasted it to the document, and he could not distinguish anymore which portions were the
actual findings or rulings of the Supreme Court, and which were quoted portions from the other
sources that were used in the body of the decision. Since his deadline was fast approaching, he
decided to just make it appear as if every word he quoted was part of the ruling of the Court, thinking
that it would not be discovered.
Atty. Billy's opponent, Atty. Ally, a very conscientious former editor of her school's law journal, noticed
many discrepancies in Atty. Billy's supposed quotations from the Supreme Court decision when she
read the text of the case from her copy of the PhUippine Reports. Atty. Billy failed to reproduce the
punctuation marks and font sizes used by the Court. Worse, he quoted the arguments of one party as
presented in the case, which arguments happened to be favorable to his position, and not the ruling or
reasoning of the Court, but this distinction was not apparent in his brief. Appalled, she filed a complaint
against him.
a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any? (2%)
b. How should lawyers quote a Supreme Court decision? (2%)
XXIV.
An anonymous letter addressed to the Supreme Court was sent by one Malcolm X, a concerned
citizen, complaining against Judge Hambog, Presiding Judge of the RTC of Mahangin City, Branch
7. Malcolm Xreported that Judge Hambog is acting arrogantly in court; using abusive and
inappropriate language; and embarrassing and insulting parties, witnesses, and even lawyers
appearing before him. Attached to the letter were pages from transcripts of records in several cases
heard before Judge Hambog, with Judge Hambog's arrogant, abusive, inappropriate, embarrassing
and/or insulting remarks or comments highlighted.
a. Will the Court take cognizance of the letter-complaint even coming from an anonymous
source? Explain. (2%)
b. Describe briefly the procedure followed when giving due course to a complaint against an
RTC judge. (3%)
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2015 BAR EXAMINATIONS

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BOD proper? Explain. (4%)