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FAR EASTERN UNIVERSITY

LEGAL TECHNIQUE AND LOGIC

March 10, 2017 8:00 P.M. 10:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains five (5) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers. All the items have to be answered
within two (2) hours. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Examination Notebook in
the same order the questions are posed. Write your answers only on the front of every sheet
in your Notebook. If not sufficient then start with the back page of the first sheet and
thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in the questionnaire.

2. 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, apply the pertinent laws
and jurisprudence, and arrive at a sound or logical conclusion. A mere "Yes" or "No" answer
without any corresponding explanation or discussion will not be given full credit. You do not
need to re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous notes or distinctive markings on
your Notebook that can serve as an identifying mark (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.

RETURN THIS QUESTIONNAIRE AFTER THE EXAMS.

ATTY. GIDEON V. PEA


Lecturer

I.

1. What is the bad man theory of law? (4 pts.)


a. Cite a specific provision of the Constitution, the Revised Penal Code or the Civil
Code which exemplify the bad man theory. Explain. (6 pts.)
b. In relation to the bad man, should the law be concerned with the puzzled man
who is willing to do what is required if only he can be told what it is? (5 pts.)
2. Give the major premise, minor premise and conclusion for the following cases:
(Choose 2; 10 pts. each):
a. Philippines Today, Inc., v. Betty Go-Belmonte, G.R. No. 112965, 30 January 1997
b. Karen Salvacion v. Central Bank of the Philippines, G.R. No. 94723, 21 August
1997
c. Mary Grace Natividad S. Poe-Llamanzares v. Commission on Elections, G.R. No.
221697, 8 March 2016

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d. Saturnino Ocampo et al. v. Rear Admiral Ernesto C. Enriquez, G.R. Nos. 225973,
225984, 226097, 226116, 226117, 226120, and 226294, 8 November 2016

II.

Cersei De Limas seems to have it all. Her husband, Ronnie, is devoted to her and their
four-year-old son, Joffrey. The family lives in a beautiful house in Cebu. When Ronnie scores
yet another business triumph, he buys a yacht to celebrate. Leaving Joffrey with their friend
Hellen Ibong Adarna, who is a teacher at Joffrey's preschool, the couple set sail for a romantic
weekend. But Cersei drinks too much wine and passes out. When she awakes, she is covered
in blood and Ronnie is gone. Dizzy and disoriented, she follows a trail of blood to the upper
deck. Ronnie is not there but Cersei sees a knife and picks it up. The lights of a Coast Guard
boat flash and a voice orders Cersei to drop the knife. Apparently, a mayday was received
from the De Limas's yacht. Cersei is taken into custody but Ronnie has seemingly vanished.
Tests reveal that the blood found on the yacht was the same type as Ronnie's. It is presumed
that the couple had an argument and Cersei attacked Ronnie. Ronnie managed to send a
mayday alert before falling or being pushed overboard.

Despite the fact that no body is found, Cersei is charged with murder. No one believes
her story, not even the sheriff who is a family friend. Frantic over what will happen to Joffrey
if she is found guilty, Cersei signs over custody to Hellen. Ronnie had a large life insurance
policy -- which police believe was the motive for his killing -- and Cersei has the money put
in Joffrey's name.

The trial is swift and the Supreme Court, upon review, finds Cersei guilty. Salient
portions of the Courts decision read as follows:

In a case of murder or homicide, it is not necessary to recover the body


or to show where it can be found. [As in this case], [t]here are [instances] like
death at sea, where the finding or recovery of the body is impossible. It is enough
that the death and the criminal agency causing it be proven. There are even
cases where said death and the intervention of the criminal agency that caused
it may be presumed or established by circumstancial evidence (People v. Sasota,
G.R. No. L-3544, April 18, 1952).

There is nothing in the record to show that the witnesses for the
prosecution had any reason for falsely imputing this serious crime of murder. Of
course, Cersei De Limas insinuates that Michael Vitalliano Corleone had a
motive to testify against her because she was a witness against him in a criminal
case in the Regional Trial Court of Makati for physical injuries where Corleone
was sentenced to arresto menor and to pay damages. It turns out however that
De Limas never testified in said case for the reason that Corleone pleaded guilty
to the charge.

As regards motive behind the killing, there is evidence showing that


Cersei was maintaining illicit relations with Hans Soloista, and that the former,
probably to be free to pursue a forbidden love, liquidated Ronnie. There is
likewise evidence that a large life insurance policy was put in Joffreys name
from which Cersei would profit.

In view of all the foregoing, we find no reversible error in the decision


appealed from. So ordered.

Through pay-offs, however, Cersei escapes punishment. She then calls the preschool
pretending to be Hellen and says she hasn't received her final paycheck. She asks to confirm

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the forwarding address and phone number, and surprisingly the secretary provides the
information.

Hellen answers the phone and Cersei angrily confronts her. Obviously startled that
Cersei has managed to track her down, Hellen stammers that she was intending to bring
Joffrey for a visit. Cersei spends a few minutes talking to her son. Suddenly Ronnie, alive and
well, enters the room. Joffrey shouts "Daddy!" while Hellen tries to shush him. Ronnie yanks
the phone away and hangs up, but Cersei hears enough to realize what has happened. Ronnie
and Hellen were having an affair and he staged his own murder so he could disappear, setting
Cersei up to take the blame.

Cersei then goes to the preschool that once employed Hellen. While on the ferry she
catches a glimpse of her former home. The school's director is sympathetic but refuses to tell
her where Hellen is now living. She reminds Cersei that Joffrey has been with Hellen for
several years now and there is no need to disrupt his life. That night, Cersei returns to the
preschool and breaks in, triggering a silent alarm. The police arrive as she locates Hellen's
files and writes down her current address. She runs down the beach but is caught and taken
to the local jail.

The police officer, Wes Janno Gibbs, drives them onto the ferry and handcuffs Cersei's
wrist to the outside door handle. When he goes topside for a cup of coffee, Cersei seizes her
chance. Wes left the keys in the car and Cersei manages to start it. Then she inches it back and
forth, trying to smash the handcuffs against a post. The car in front of her is bumped and rolls
into the ocean. Wes realizes what is going on and races to the lower level. Cersei manages to
lock the door. With Wes hanging on, the car goes overboard.

An alarm is sounded and life preservers are tossed. Underwater, Wes unlocks Cersei's
handcuffs and she grabs his gun. He tries to retrieve it and she hits him on the head before
swimming away. His wound requires stitches.

Cersei hitches rides until she arrives at her mother's farm. After borrowing money,
she goes to General Santos. She has no trouble finding Ronnie's address but he and Hellen are
not there. Another family owns the house. As a despondent Cersei turns to leave, an old lady
working in the yard next door tells her what happened to Ronnie and Hellen, who she knew
by different names. Several years earlier there was a gas explosion in the kitchen and Hellen
was killed. Ronnie and Joffrey -- who was obviously allowed to keep his real name -- moved
away but the old lady doesn't know where.

Cersei goes to the public library and finds a newspaper account of the fire on
microfiche. Apparently, it was accidental although Cersei thinks that Ronnie murdered Hellen
because she was a threat. In the newspaper picture of Hellen taken at her home, Cersei sees
an Amorsolo painting in the background. Ronnie had a collection of these rare paintings and
that might be a way to trace him. She drives to an art gallery and poses as an Amorsolo
collector. The employee looks on the internet and finds a painting recently sold by a Sebastian
Rudd Duforty. Cersei feels sure this is really Ronnie. Then Wes enters the gallery. He was
given a description of her truck by the elderly neighbor. While the employee excuses himself
and goes to see what Wes wants, Cersei finds Sebastian's address. She tries to close out the
website but Wes is heading in her direction. She runs out the back door and escapes,
smashing into Wes's car that he used to block her vehicle. He gives chase on foot, but she
eludes him. Later, she ditches the truck and gets on a plane to General Santos. She doesn't
know that the website at the gallery did not close out and Wes knows where she is headed.

Sebastian Rudd Duforty is a well-respected hotel owner in General Santos. Cersei


inquires for him at the desk but he is not there. When she asks about Joffrey, the receptionist
becomes wary and refuses to provide any information. Overhearing an elderly guest give her
name, Cersei uses it to purchase a designer evening gown from the hotel shop. She intends to
be at the Bachelor's Auction that night to confront Sebastian.

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Cersei attends the auction and bids on Sebastian. He is startled to hear her voice but
cannot find her in the crowd. Another woman bids on him too but Cersei wins. She walks up
to her husband and calls him Ronnie. He is eager to find out what she wants before she
exposes him. When she asks why he did all that to her, he said he had been on the verge of
bankruptcy and thought if he faked his death, the life insurance money would take care of her
and Joffrey. He never dreamed she would be found guilty and swore the affair with Hellen
had started later on. Cersei asks if he murdered Hellen to keep her quiet and he denies it.
Cersei agrees to leave him alone if he will give her Joffrey. Sebastian says he is away at school.
Cersei says she will call the next day and he had better have the boy there. Just then two of
Sebastian's friends come up and ask who Cersei is. She says she is Sebastian's wife and is in
town to pick up their son. They are visibly startled to hear that the city's most eligible
bachelor is really married.

Later that evening, Wes arrives at the hotel. Sebastian swears he has no idea who this
crazy woman is, pretending to be his wife. Wes warns him that she has a gun. Cersei then flies
into a fit of rage and shoots Sebastian thereby instantaneously killing him.

Cersei now faces criminal prosecution for the killing of Sebastian Rudd Duforty a.k.a.
Ronnie De Limas. In her defense, Cersei invokes the Constitutional proscription against
double jeopardy. Cersei argues that she cannot be convicted anew for the killing of Ronnie De
Limas because she had already been previously convicted for the same offense. Cersei cites
Bangayan v. Bangayan, Jr., G.R. No. 172777, October 19, 2011 where the Supreme Court held
that:

The right of the accused against double jeopardy is protected by no less


than the Bill of Rights (Article III) contained in the 1987 Constitution, to wit:

Section 21. No person shall be twice put in jeopardy of


punishment for the same offense. If an act is punished by a law
and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.

Double jeopardy attaches if the following elements are present: (1) a


valid complaint or information; (2) a court of competent jurisdiction; (3) the
defendant had pleaded to the charge; and (4) the defendant was acquitted, or
convicted or the case against him was dismissed or otherwise terminated
without his express consent. However, jurisprudence allows for certain
exceptions when the dismissal is considered final even if it was made on motion
of the accused, to wit:

1. Where the dismissal is based on a demurrer to evidence filed by


the accused after the prosecution has rested, which has the effect
of a judgment on the merits and operates as an acquittal.

2. Where the dismissal is made, also on motion of the accused,


because of the denial of his right to a speedy trial which is in effect
a failure to prosecute.

The only instance when the accused can be barred from invoking his
right against double jeopardy is when it can be demonstrated that the trial
court acted with grave abuse of discretion amounting to lack or excess of
jurisdiction, such as where the prosecution was not allowed the opportunity to
make its case against the accused or where the trial was a sham. For instance,
there is no double jeopardy (1) where the trial court prematurely terminated
the presentation of the prosecution's evidence and forthwith dismissed the

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information for insufficiency of evidence; and (2) where the case was
dismissed at a time when the case was not ready for trial and adjudication.

1. Define and give examples of the following based on the foregoing narrative. No need
to explain the examples.
a. Propositions (5 pts.)
b. Sentences (5 pts.)
c. Arguments (5 pts.)
d. Explanations (5 pts.)
e. Conclusions (5 pts.)
2. If you were the Public Prosecutor, how will you argue the States case for murder/
homicide? (10 pts.)
3. If you were Cerseis counsel, how will you argue her defense? (10 pts.)
4. If you were the Judge, how will you rule? (10 pts.)
5. As a democratic and republican state, the Philippines adheres to the majority rule. As
such, a group of volunteers called Defendants of Democracy and the State (DeDeS)
argue that the majority of the people, in their direct sovereign capacity, can demand
for Cerseis imprisonment sans trial. Rule on their contention with a major premise,
minor premise and a conclusion. (10 pts.)