FINAL EXAM

LLB-2
1.
Jemar , a policeman, was on vacation leave for a month. While having his
vacation at Tagatay City, he witnessed two local tourists fighting with each other.
Jemar immediately went to the scene intending to pacify the protagonists. However,
he was shot to death by one of the protagonists. His wife filed a claim with the GSIS
for death benefits. On the other hand, GSIS denied her claim because Jemar was
killed while on leave and she was not the dependent spouse as Jemar has another
woman whom he is cohabiting when he died. Resolve with reasons whether GSIS is
correct in denying the claim.
2.
If you are the lawyer of Jemars wife, what action will you take in order to
successfully claim the death benefits of Jemar?
3.
If you are the counsel of Jemars live-in partner, how will you defend your
client over the claim of Jemar legal wife?
4.
If you are magistrate to resolve the conflicting claims between Jemars legal
wife and his live-in partner, whose claim will you grant?

5.

Ernesto was hired as cook on September 1, 2016. After two weeks, he learns that he
was not applied for sss membership. Thus he demanded from his employer to
register him as SSS member. If you are the counsel of Ernesto, what legal advice are
you going to give Ernesto? State your legal basis.
a.
if you are the lawyer of Ernestos employer, what is your legal defense from
Ernestos claim?
b.
as a magistrate of the above given case, how are you going to resolve the
conflicting claims and defenses of both parties? State your legal basis.