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2016 (Political Law) Bar Exam

Questions: Question 1
[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016
Political Law Questions: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20;
See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-I-
The contents of the vault of ABC company consisting of cash and documents were stolen.
Paulyn, the treasurer of ABC, was invited by the Makati City Police Department to shed light
on the amount of cash stolen and the details of the missing documents. Paulyn obliged and
volunteered the information asked. Later, Paulyn was charged with qualified theft together
with other suspects. Paulyn claims her rights under the Constitution and pertinent laws were
blatantly violated. The police explained that they were just gathering evidence when Paulyn
was invited for a conference and she was not a suspect at that time. Rule on her defense.
(5%)

2. Sec. 11, Art. XII of the Constitution, provides: “No franchise, certificate or any other form
of authorization for the operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or associations organized under the laws of the Philippines at
least sixty per centum of whose capital is owned by such citizens xx x.” Does the term
“capital” mentioned in the cited section refer to the total common shares only, or to the
total outstanding capital stock, or to both or “separately to each class of shares, whether
common, preferred non-voting, preferred voting or any class of shares?” Explain your
answer. (5%)

3. A law converted the component city of Malumanay, Laguna into a highly urbanized city.
The Local Government Code (LGC) provides that the conversion “shall take effect only after
it is approved by the majority of votes cast in a plebiscite to be held in the political units
directly affected.”

Before the COMELEC, Mayor Xenon of Malumanay City insists that only the registered voters
of the city should vote in the plebiscite because the city is the only political unit directly
affected by the conversion. Governor Yuri asserts that all the registered voters of the entire
province ofLaguna should participate in the plebiscite, because when the LGC speaks of the
“qualified voters therein,” it means all the voters of all the political units affected by such
conversion, and that includes all the voters of the entire province. He argues that the
income, population and area of Laguna will be reduced. Who, between Mayor Xenon and
Governor Yuri, is correct? Explain your answer. (5%)

4. Several concerned residents of the areas fronting Manila Bay, among them a group of
students who are minors,filed a suit against the Metro Manila Development Authority
(MMDA), the Department of Environment and Natural Resources (DENR), the Department o f
Health (DOH), the Department o f Agriculture (DA), the Department o f Education (DepEd),

proliferate and are being sold openly in the streets of Masaya City.D. Subsequently. filed a suit. as well as the proposed destruction of the materials. violates the constitutional right to freedom of expression. so that the Court can monitor and oversee the activities undertaken by the agencies in compliance with the Court’s directives. -V- Section 8 ofP. defining its powers and functions. is the assertion correct? Explain your answer. rehabilitate and sanitize Manila Bay within eighteen (18) months. and (b) the confiscation. and to submit to the Court periodic reports of their accomplishment.5%) [b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2. the Court ordered the defendants to clean up. No.5%) [b] In its decision which attained finality. [a] Explain the “completeness test” and “sufficient standard test.5%) 6. is a denial of the right to disseminate information. publisher of the magazine. health and a balanced ecology. and thus. raising the following constitutional issues: (a) the confiscation of the materials constituted an illegal search and seizure. magazines and other printed materials. A view was raised that the Court’s continued intervention after the case has been decided violates the doctrine of separation of powers considering that the government agencies all belong to the Executive Department and are under the control of the President. On the other hand. and a number of other executive agencies. [a] If the defendants assert that the students/petitioners who are minors do not have locus standi to file the action. He then ordered that the materials be burned in public. 910. The City Mayor organized a task force which confiscated these materials. Is either or both contentions proper? Explain your answer. asking the court to order them to perform their duties relating to the cleanup. rehabilitation and protection of Manila Bay. Pornographic materials in the form of tabloids. Dominador. (2. The complaint alleges that the continued neglect by defendants and their failure to prevent and abate pollution in Manila Bay constitute a violation of the petitioners’ constitutional right to life. “Plaything”. Is this contention correct? Why or why not? (2. because the same was done without a valid search warrant. providing funds therefor and for other purposes.” provides that: “All fees.5%) 5. (5%) . entitled “Creating an Energy Development Board. a resolution was issued extending the time periods within which the agencies should comply with the directives covered by the final decision. the government urges the application of ejusdem generis.the Department o f Interior and Local Government (DILG).” (2. revenues and receipts of the Board from any and all sources x x x shall form part of a Special Fund to be used to finance energy resource development and exploitation programs and projects of the government and for such other purposes as may be hereafter directed by the President.” The Malampaya NGO contends that the provision constitutes an undue delegation of legislative power since the phrase “and for such other purposes as may be hereafter directed by the President” gives the President unbridled discretion to determine the purpose for which the funds will be used.

They cannot order the persons riding the vehicle to alight. or conduct a body search of the driver or the passengers of the vehicle.7. Ernesto’s lawyer thus posited that: [a] The search conducted in violation of the Constitution and established jurisprudence was an illegal search. while driving a motor vehicle. Ernesto. (2. went to court to challenge the constitutionality of the law. with reasons. argued that. 9. can Baldomero successfully demand the return of the property to him? Explain your answer. she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman. [a] If the Government does not immediately pay the amount fixed by the court as just compensation.5%) Rule on the correctness of the foregoing arguments. Ernesto was arrested. fixed the amount of just compensation. the gun which was seized in the course of an illegal search is the “fruit of the poisonous tree” and is inadmissible in evidence. SPOI Jojo requested Ernesto to alight from the vehicle and the latter acceded. was stopped at a mobile checkpoint. The Government. (2. He raises the following grounds: [a] The law violates the equal protection clause. Upon observing a bulge in the pants of Ernesto. (2. They cannot frisk. filed a complaint for eminent domain to acquire a 1. through his lawyer. The court granted the expropriation. At the trial. because an unlawful act (the search) cannot be made the basis of a lawful arrest. and installed the Government in full possession of the property.hectare property in Bulacan. through Secretary Toogoody of the Department of · Transportation (DOTr). which shall have the force and effect of law. with reasons. a minor. because obviously. A law is passed intended to protect women and children from all forms of violence. (2. Conrado. the policeman frisked him and found an unlicensed .5%) Rule on the validity of the grounds raised by Conrado. 8. Ernesto. the issuance of the BPO entails the exercise of judicial power. owned by Baldomero. detained and charged. thus. against whom a BPO had been issued on petition of his wife. Noticing that Ernesto is a minor.22-caliber pistol inside Ernesto’s right pocket.5%) [b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order (BPO) constitutes an undue delegation of judicial power.000.5%) . policemen at mobile checkpoints are empowered to conduct nothing more than a “visual search”. SPOl Jojo asked Ernesto to exhibit his driver’s license but Ernesto failed to produce it. When a woman perceives an act to be an act of violence or a threat of violence against her. (2. because while it extends protection to women who may be victims of violence by their husbands.5%) [b] The arrest made as a consequence of the invalid search was likewise illegal. it does not extend the same protection to husbands who may be battered by their wives.

based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS). including its warship and naval officials. -XII- Paragraphs c. Officers and employees of public and private offices x x x. (5%) -XI- The USS Liberty. Students of secondary and tertiary schools x x x. a warship of the United States (U. Government raised the defenses that: [a] The Philippine courts cannot exercise jurisdiction over another sovereign State. All persons charged before the prosecutor’s office with a criminal offense having an imposable imprisonment of not less than 6 years and 1 day. The President refused. the vessel ran aground off the island of Palawan.). xx x The following shall be subjected to undergo drug testing: xx x c. (2. f. Because of the negligence of the naval officials on board. 36. d and f of Section 36 of Republic Act No. damaging coral reefs and other marine resources in the area.S. (2. and against the U.5%) -X- The Philippines entered into an international agreement with members of the international community creating the International Economic Organization (IEO) which will serve as a forum to address economic issues between States. Officials of Palawan filed a suit for damages against the naval officials for their negligence.5%) Rule on the validity of the defenses raised by the U. The U. S. can Baldomero compel the Government to re-sell the property back to him? Explain your answer. Is the international agreement creating the IEO a treaty or an executive agreement? Explain.[b] If the Government paid full compensation but after two years it abandoned its plan to build an airport on the property..S.S.5%) (b] The United States is not a signatory to UNCLOS and thus cannot be bound by its provisions. 9165 provide: “Sec. Article 31 provides that the Flag State shall bear international responsibility for any loss or damage to the Coastal State resulting from noncompliance by a warship with the laws and regulations of the coastal State concerning passage through the territorial sea. create standards. arguing that it is an executive agreement that merely created an international organization and it dwells mainly on addressing economic issues among States. and settle economic disputes. d. with reasons. entered Philippine archipelagic waters on its way to Australia. the Philippine Senate demanded that the international agreement be submitted to it for its ratification.. After the Philippine President signed the agreement.” . encourage greater volume of trade between its members. (2. Authorized drug testing.

with reasons. he filed a Certificate of Candidacy to run in the May 9. favor.5%) [b] A civil society group.A. (2. a natural born Filipino citizen. because their appointments had not yet been confirmed by the Commission on Appointments. and commenced to perform the functions of their respective offices. the right against unreasonable searches and seizures and the equal protection clause. whether permanent or temporary. to all religions. running against re-electionist Congressman Profundo. Dexter as Chairman of the Commission on Human Rights (CHR). files suit. Is this claim of VAMP correct? Why or why not? (2. Robert. In 1990. arrived in the United States in 1985. What grounds can he raise in his Petition to support it? Explain your answer. There will also be individual segments or zones in the area which can be used for the conduct of whatever . Clodualdo as Chairman o f the Civil Service Commission (CSC). [a] Did Onofre’s reacquisition of Philippine citizenship benefit his wife. In 2015. and their minor children and confer upon them Filipino citizenship? Explain your answer. beliefs. On October 28. (2. 2015. the President appointed Antero as Secretary of the Department of Tourism (DOT). and together they applied for and obtained American citizenship in 2001. The rest shall be spent · for the development of the area and the construction of the Universal Temple for All the World’s Faiths (UTAW-F). he married Salvacion.S. Onofre went home to the Philippines and took the oath of allegiance prescribed under R. and faiths. 14. the site will be open.5%) [b] Before the May 9. Profundo’s lawyer filed a Petition to Deny Due Course or to Cancel the Certificate of Candidacy against Onofre. (2. all the appointees took their oath before the President. and Emmanuel as Philippine Ambassador to Cameroon.5%) -XV- Congress passed a bill appropriating PlOO-billion. [a] Characterize the appointments. Decide if the assailed provisions are unconstitutional. The following day. the couple and their children –Alfred. On June 15. and Marie. 2016 elections for the position of Congressman in his home province of Palawan. Benito as Commissioner of the Bureau o f Immigration (BI). 2015. 2016 elections. 9225. or prejudice. and whether regular or interim. a Mexican. — returned to the Philippines on June 1. informed that he could reacquire Philippine citizenship without losing his American citizenship.Petitioners contend that the assailed portions of Sec. 2015. When completed. the Volunteers Against Misguided Politics (V AMP). 21 years of age. (5%) -XIII- While Congress was not in session. who were all born in the U. No.5%) -XIV- Onofre. free of charge. contesting the legality o f the acts o f the appointees and claiming that the appointees should not have entered into the performance of the functions of their respective offices. without distinction. 16. Part of the money is to be used for the purchase of a 200-hectare property in Antipolo. where each devotee or believer shall be accommodated and treated in a fair and equal manner. Salvacion. 36 are unconstitutional for violating the right to privacy.

and explain how it is implemented through the straight baseline method. 8. Prosecutor Tristan did not notify Art nor require him to submit a counter-affidavit. The President approved the bill. 3(a) of Rule 112 provides: “(a) The complaint shall state the address of the respondent and shall be accompanied by affidavits of the complainant and his witnesses as well as other supporting documents to establish probable cause. services.” how will you resolve the challenge? Explain. 3(a) of this Rule shall be observed. Rule and explain briefly the reason if the official is prohibited to run for another term in each of the following situations: (a) if the official is a Vice-Mayor who assumed the position ofMayor for the unexpired term under the Local Government Code. 5. The crime is punishable with arresto mayor to prision correccional in its minimum period. (5%) -XVI- Jojo filed a criminal complaint against Art for theft of a backpack worth P150. (5%) -XVII- [a] Define the archipelagic doctrine of national territory. The case was assigned to Prosecutor Tristan and he applied Sec.” On the other hand. state its rationale. (2. then the Philippines lost its sovereignty and jurisdiction over them. x x x” Since Sec. (2.00 with the Office of the City Prosecutor of Manila.5o/o) [b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal as “Regimes of Islands. The Prosecutor shall act on the complaint within ten (10) days from its filing. Article X of the 1987 Constitution provides that no elective official shall serve for more than three (3) consecutive terms. or ceremonials that may be required by the customs or practices of each particular religion. sacraments. 8(a) of Rule 112 which reads: “(a) If filed with the prosecutor. Sec. (b) if the official has served for three consecutive terms and did not seek .” Professor Agaton contends that since the law did not enclose said islands. Rule on the constitutionality of Sec. happy in the thought that this could start the healing process of our wounded country and encourage people of varied and often. two (2) months and one (1) day. 8(a) of Rule 112. 8(a) ofRule 112 as unconstitutional and violative of due process and his rights as an accused under the Constitution for he was not informed of the complaint nor was he given the opportunity to raise his defenses thereto before the Information was filed. Art vehemently assails Sec.5%) -XVIII- Sec. the procedure outlined in Sec.conflicting faiths to live together in harmony and in peace.rituals. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the affidavits and other supporting documents submitted by the complainant. Is his contention correct? Explain. – If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less than four (4) years. or not to exceed 4 years and 2 months. Explain. If the law is questioned on the ground that it violates Sec. Article III o f the Constitution that “no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. He proceeded to file the Information against Art with the Metropolitan Trial Court.

(d) if the official is preventively suspended during his term but was exonerated. 16. pleading. 755 states: “Section 1. See also 2016 Bar Exam: Information. (5%) -XIX- Fernando filed an administrative complaint against his co-teacher. 8.” (2. she argues that she cannot be charged with committing immoral conduct for she is entitled to free exercise of religion under the Constitution. 9165 or the Comprehensive Dangerous Drugs Act of2002 provides that “any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. claiming that the latter is living with a married man who is not her husband. thus. practice and procedure in all courts xx x. the Supreme Court shall have the power to “promulgate rules concerning the protection and enforcement of constitutional rights.5%) [b] Briefly explain the concept of”benevolent neutrality. No. 14. 6. (2.on the other hand.” Section 23 ofR. – It is hereby declared that the policy of the State is to provide readily available credit facilities to the coconut farmers at preferential rates. (c) if the position of Mayor of a town is abolished due to conversion of the town to a city. 17. questions the constitutionality of Sec.a 4th term but who won in a recall election. Is Patricio correct? Explain your answer.” Patricio. No. claims that she and her partner are members of a religious sect that allows members of the congregation who have been abandoned by their respective spouses to enter marital relations under a “Declaration ofPledging Faithfulness.5%) -XX- Under Sec. 2016 Labor Law Questions: 1. Discussions. 5. Amelia. Article VIII of the Constitution. 23 on the ground that Congress encroached on the rule-making power of the Supreme Court under Sec. 5. 11.” Having made such Declaration. [a] Is Amelia administratively liable? State your reasons briefly. should not be allowed to remain employed in the government. Article VIII. 15. Amelia. 5. 18. 7. 2.A. 3.D. Fernando charged Amelia with committing “disgraceful and immoral conduct” in violation of the Revised Administrative Code and. and (e) if the official is proclaimed as winner and assumes office but loses in an election protest. He argues that plea-bargaining is procedural in nature and is within the exclusive constitutional power of the Court. 13. 19 and 20. Declaration of National Policy. or see 2016 bar exam Civil Law Instructions. a user who was charged with alleged sale of shabu but who wants to enter a plea o f guilt to a charge of possession. 4. (5%) 2016 (Civil Law) Bar Exam Questions: Question 1 [Answer/discuss the question below. . 9. Questions and Results] -I- Section 1 of P. 10. 12. Tips.

both Filipinos. After a few years. 755 was published in the Official Gazette but the text of the Agreement described in Section 1 was not published. Will a Petition for Declaration of Nullity of Marriage filed with the court prosper? Explain.S. 2013. After sometime.5%) [b] when the obligation does not constitute a loan or forbearance of money. 799. Decide the petition with reasons. (2. she frequently went out with her friends and gambled in casinos. Juliet promised she will be back the moment she becomes an American. (5%) -II- With regard to an award of interest in the concept of actual and compensatory damages. Leo was able to talk to the psychiatrist of Lina who told him that Lina suffers from dementia praecox. which became effective on July 1. x x x” A copy ofthe Agreement was not attached to the Presidential Decree. Romeo learned from a friend that Juliet already became a U. citizen and even divorced him to marry a wealthy American businessman.D. Lina later had extra-marital affairs with several men and eventually abandoned Leo and their son. a form of psychosis where the afflicted person is prone to commit homicidal attacks. Dorothy went abroad to work in Dubai . Lina exhibited unusual behavior and started to neglect her son. -III- Romeo and Juliet. P. (5%) -V- Bernard and Dorothy lived together as common-law spouses although they are both capacitated to marry. please state the guidelines regarding the manner of computing legal interest in the following situations: [a) when the obligation is breached and it consists in the payment of a sum of money like a loan or forbearance of money. After the bitth oftheir child. (5%) -IV- Leo married Lina and they begot a son. Romeo filed a petition before the Regional Trial Court praying that an order be issued authorizing him to remarry pursuant to Article 26 ofthe Family Code.that this policy can be expeditiously and efficiently realized by the implementation of the ‘Agreement for the Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers’ executed by the Philippine Coconut Authority. Can the Agreement in question be accorded the status ofa law? Explain. Juliet got word from her mother that she can go to the United States for naturalization. the terms ofwhich ‘Agreement’ are hereby incorporated by reference. got married. Leo was once stabbed by Lina but fortunately he only suffered minor injuries.5%) Consider the issuance of BSP-MB Circular No. No. After one year of cohabitation. (2.

the engineer pointed to Lot No. what are the rights given to Juan under the law? Explain. Decide the case and explain. Dorothy came to know about the acquisition and sale of the lot and filed a suit to nullify the sale because she did not give her consent to the sale.5%) [b] If Pedro is a builder in bad faith. part and parcel ofthe registered property. 123 but for some reason.as a hair stylist and regularly sent money to Bernard. In 1958. Daniel took possession of the portion formed by accretion and claims that he has been in open. Word came to them that peace and order have been restored . [a] If Pedro is a builder in good faith. Benjamin filed a Complaint for Quieting of Title and contends that the alluvium belongs to him as the riparian owner and that since the alluvium is. Romeo got the title from them and they were ejected from the house and threatened not to come back or else they will be killed. Pedro filed his Answer with Counterclaim that he is entitled to the payment of the value of the house plus damages because he is a builder in good faith and that Juan is guilty of estoppel and laches. Bernard sold the lot. the same may be considered as registered property. Bernard bought a lot. Pedro hired a contractor to construct his house and the latter put up a sign stating the name ofthe owner ofthe project and the construction permit number. [a] Will Dorothy’s suit prosper? Decide with reasons. (2. Juan also bought a lot in the same place.5%) -VI- Pedro bought a parcel of land described as Cadastral Lot No. is her consent to the sale a prerequisite to its validity? Explain. by law. Pedro hired a geodetic engineer to determine the actual location of Lot No. at gun point. The spouses went to Manila and resided there for more than 35 years. (2. Juan told him to remove his house because it was built on his (Juan’s) lot. (2. (2. With the money.5%) -VII- Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon River. Juan filed a Complaint for Recovery of Possession and prayed that the house be removed because Pedro is a builder in bad faith. covered by a title. An alluvial deposit of two (2) hectares was added to the registered area. It took more than a year before the house was constructed. One day. (5%) -VIII- Joven and Juliana are the owners of a 30-hectare plantation in Cotabato. forced them to sign a Deed of Absolute Sale in favor ofRomeo. what are the rights given to Juan under the law? Explain. continuous and undisturbed possession ofsaid portion since 1923 as shown by a tax declaration. which is described as Cadastral Lot No. 123 and the title was issued to his name. 124. a group ofarmed men forcibly entered their house and.5%) [b] Suppose Dorothy was jobless and did not contribute money to the acquisition o f the lot and her efforts consisted mainly in the care and maintenance o f the family and household. For a good price. 124 by mistake. When Pedro was already residing in his house. They never went back to Cotabato for fear oftheir lives.

Mega Bank foreclosed the mortgage and was declared the highest bidder. Since Noel did not pay the taxes. Title was later registered in the name of the bank. . The prevailing market value o f the lot was P3.in their former place ofresidence and they decided to reclaim their land for the benefit of their grandchildren. This was opposed by the grandson of Romeo to whom the title was eventually transferred. for safekeeping because of her poor eyesight. Jojo filed a suit to declare him relieved of his undertaking as a result ofthe MOA because ofthe change in the work schedule. 2008. To implement the same. a gambler. Was the obligation of Butch extinguished by reason of dacion enpago upon the surrender ofthe SUVs? Decide and explain. Ariel entered into a Deed of Absolute Sale (DAS) with Noel where the former sold his titled lot in Quezon City with an area of three hundred (300) square meters to the latter for the price o f P300. 2010 for the same price. Decide the case and rule on the defenses of laches and prescription. Jerico and Ivan later entered into a Memorandum of Agreement (MOA) revising the work schedule ofIvan and the subcontractors. Decide the case and explain. remained in actual possession ofthe lot. Decide the case with reasons. (5%) -XI- Ellen entrusted her title over the lot where she is residing to Patrick. they executed another “Agreement To Buy Back/Redeem Property” where Ariel was given an option to repurchase the property on or before March 20. the auction sale and the title of Mega Bank on the ground that the bank is not a mortgagee in good faith. When Ellen was notified that she should vacate the premises. Joven and Juliana filed a suit for reconveyance of their property. Butch already surrendered five (5) service utility vehicles (SUVs) to the company for it to sell and the proceeds to be credited to the loan as payment.000. entered into a Construction Contract with Ivan for the latter to construct his house. Explain your answer. As a defense. (5%) -X- Jerico. Due to non-payment. she filed a complaint to nullify the loan with mortgage. her nephew. the project owner. Patrick. however. With the help of Julia who represented herself as Ellen. (5%) -IX- Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted in the payment.00.000. Butch claims that there was already an arrangement with Hagibis on the payment of the loan.00 per square meter. Ariel. Jojo executed a Surety undertaking to guarantee the performance of the work by Ivan. Jerico claims there is no novation of the Construction Contract. 2008. prepared a Special Power of Attorney empowering him to mortgage the lot. Ellen’s signature was forged. on the ground of laches and prescription. The MOA stated that all the stipulations ofthe original contract not in conflict with said agreement shall remain valid and legally effective. Mega Bank granted a loan to Patrick secured by a mortgage on Ellen’s lot. Ariel paid the real property taxes to avoid a delinquency sale. A case for collection of a sum of money was filed against him. (5%) -XII- On March 13. On March 20.

Peter further stated that failure on the part of Paul to contest the rescission within thirty (30) days from receipt of said letter shall mean that the latter agreed to the rescission. a resident ofCebu City.000. 141 (CA 141) for judicial confirmation ofimperfect title.00 to be paid at the residence of Peter in Makati City at 1:00 p. Noel rejected the redemption claiming that the DAS was a true and valid sale representing the true intent of the parties. the lot owner.000. Section 48(b) of CA 141 requires possession counted from June 12. Arthur’s possession of five (5) years from the date of declaration does not comply with the 30-year period required under CA 141. agreed to sell to Paul his lot on November 6. The government opposed the application on the ground that the lot was certified A and D only in 1993 while the application was instituted only in 1998. Paula. 2010.00. In view of the nonperformance by Paul of his obligation.000. Peter inquired from RPP and was informed that there was a computer glitch and the money was credited to another person. Should the possession ofArthur be reckoned from the date when the lot was declared A and D or from the date of actual possession ofthe applicant? Explain. 2016. Peter and Paula sued RPP for actual damages. Cavite under Section 48(b) of Commonwealth Act No. He claims the DAS and the redemption agreement constitute an equitable mortgage. Cavite before the Regional Trial Court of Naic.000. Ariel sent a letter to Noel. On November 6. Arthur presented testimonial and documentary evidence that his possession and that o f his predecessors-in. Peter sent a letter to Paul that he is expressly and extra-judicially declaring the Contract to Sell rescinded and ofno legal and binding effect. 1945.000. The lot was declared alienable and disposable (A and D) in 1993 based on a PENRO certification and a certified true copy of the original classification made by the DENR Secretary.m. On appeal. (5%) -XIV- On February 28. The trial court ruled that there was no proof of pecuniary loss to the plaintiffs but awarded moral damages of P20. (5%) -XIII- Peter. 1998. moral damages and exemplary damages. Paul did not show up and was not heard of from that date on. .00 manifesting that he is redeeming the property. As the RTC judge.00 to his daughter. sent through Reliable Pera Padala (RPP) the amount ofP20. decide the case with reasons.On March 21. (5%) -XV- Peter and Paul entered into a Contract to Sell whereby Peter. Ariel filed a suit for the nullification ofthe DAS or the reformation of said agreement to that of a Loan with Real Estate Mortgage. Arthur filed an application for registration oftitle ofa lot in Temate. Noel however claims it is a valid sale with pacto de retro and Ariel clearly failed to redeem the property. 2016 for the price ofPl. Paula went to an RPP branch but was informed that there was no money remitted to her name.00 and exemplary damages of P5. RPP questioned the award of moral and exemplary damages.interest started in 1936. attaching thereto a manager’s check for P300. If the full price is paid in cash at the specified time and place. then Peter will execute a Deed ofAbsolute Sale and deliver the title to Paul.000. Is the trial court correct in awarding moral and exemplary damages? Explain. for the payment of her tuition fee.

who was also single and had the legal capacity to marry. Marta engaged the services of Dr. Who has the superior right over the disputed property – Macario or Alex? Explain. The notice. (5%) -XVIII- Dr. He explained that an illegitimate child of an illegitimate parent is allowed to inherit under Articles 902. Decide the case and explain. Jack. A few years after. (2. Macario posits that the annotation ofhis adverse claim is notice to the whole world ofhis purchase ofthe lot in question. his father. Tomas had a relationship with Nancy. Paul now questions the sale of the lot to Henry and files a complaint for nullification of the sale. Peter decided to sell his lot to Henry in 2021. she was asked to sign a “consent for hospital care. Jr. died. Jack because of recurring stomach pain. to be declared an heir of the deceased since he is an illegitimate child.5%) [b] In case Paul made a downpayment pursuant to a stipulation in the Contract to Sell. Thus. Tristan has 3 children. Jack. countered that Article 992 of the Civil Code is unconstitutional for violation of the equal protection of the laws. Tomas. (5%) -XVII- Macario bought a titled lot from Ramon. Since Macario did not have the money to pay the taxes.” which reads: “Permission is hereby given to the medical. then its validity has expired. [a] Is the exercise by Peter of his power to rescind extra-judicially the Contract to Sell the proper and legal way of rescinding said contract? Explain. Vincent’s Hospital and pays rent to the hospital. he merely executed an Affidavit of Adverse Claim and had it annotated at the back of the title. Tomas. a surgeon. the illegitimate descendant of a legitimate child cannot. Jr. 982 and 990 o f the Civil Code while he – an illegitimate child o f a legitimate father – cannot. Meanwhile. After the birth of Tomas. The fees of Dr.5%) -XVI- Don Ricardo had 2 legitimate children – Tomas and Tristan. Upon advice. Jr. holds clinic at the St. nursing and laboratory staff of the St. After hearing that Henry bought the lot. It was diagnosed that she is suffering from cancer and had to be operated on. fees and registration expenses. he received a Notice ofLevy on Attachment and Writ ofExecution in favor ofAlex.. Jack are paid directly to him by the patient or through the cashier ofthe hospital. The hospital publicly displays in the lobby the names and specializations of the doctors associated or accredited by it. he was not able to register the Deed ofAbsolute Sale. Before the operation. Don Ricardo died without a will and Tristan opposed the motion of Tomas. Jr. Vincent’s Hospital to perform such procedures and to administer such medications and treatments as . writ and certificate of sale were annotated at the back of the title still in Ramon’s name. Alex contends that since the Affidavit of Adverse Claim is effective only for 30 days from the date o f its registration. Civil Law commentator Arturo Tolentino opined that Article 992 created an absurdity and committed an injustice because while the illegitimate descendant o f an illegitimate child can represent. what is the legal remedy ofPeter? (2. Later. Nancy became pregnant and gave birth to Tomas. got the title and took possession ofthe lot.Paul did not reply to this letter for five (5) years. including that of Dr.

The hospital raised the defense that Dr. Jack for damages arising from negligence in the medical procedure. Jack? Explain your answer. is it required that a judicial petition be filed to declare the marriage null and void? Explain. It has absolutely no control over the medical services and treatment being provided by Dr. Onofre. Jack.000. The husband ofMarta sued the hospital and Dr. Victor. Jack nor pay him any salary or compensation. and Jerico. Princess later married Mark and they also had a son – Pepito. Vincent’s Hospital liable for the negligence of Dr. the father of Princess.” After the surgery. Mark. City ofManila. Since their marriage was solemnized in 1995 after the effectivity of the Family Code.00. Dr.may be deemed necessary or advisable by the physicians o f this hospital for and during the confinement. Is St. the father of Mark. Lonely.S. Later. (5%) -XIX- Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros Street. Onofre donated to Pepito.. They paid money to the pastor who took care ofall the documentation. Who among the three (3) ascendants is entitled to the lot? Explain. (2. Jack is not its employee as it did not hire Dr. his half- brother. the alleged marriage license indicated in the marriage certificate does not appear in the records and cannot be found. Jack even signed an agreement that he holds the hospital free and harmless from any liability arising from his medical practice in the hospital.000. Mark also died intestate. she found out that there was no marriage license issued to them before their marriage. The lot given to Pepito by Onofre was inherited by his father. the father ofRoberto. after a diligent and exhaustive search. Roberto died in a plane crash. Marta died due to complications brought about by the sponges that were left in her stomach. [a] Decide the case and explain. When Angelina wanted to go to the U. Pepito succumbed to an illness and died intestate. Princess followed Mark to the life beyond. a lot in Makati City worth P3. the attending nurses reported that two (2) sponges were missing.5%) [b] In case the marriage was solemnized in 1980 before the effectivity of the Family Code. (2.5%) -XX- Princess married Roberto and bore a son. Angelina filed a petition for judicial declaration of nullity on the strength of a certification by the Civil Registrar of Manila that. The claimants to the subject lot emerged – Jojo. (5%) .