Barq2015 PDF

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Republic of the Philippines

Supreme Court
Manila
2015 BAR EXAMINATIONS
CIVIL LAW
November 15, 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 20 items (I to XX) 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
..,
Civil Law - Bar Exam 2015 2
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 markingls 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.
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.
Civil Law--Bar Exam 2015 4
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 Yi 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? (2o/o)
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. Te
and 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
gth 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 ~250,000.00 as
her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed ~150,000.00 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%)
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
PS0,000.00 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.
Civil Law- Bar Exam 2015 8
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 PS0,000.00 from Julia and orally promised to pay it
within six months. When Sara tried to pay her debt on the gth 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 Pl 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 Pl 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. (2o/o)

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%)
---0000000---
(il
Supreme Court
Manila
CRIMINAL LAW
November 22, 2015 2:00 P.M. - 6:00 P.M.
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 xxin 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

Criminal Law - Bar Exam 2015 2
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 notels or
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.

~~~~
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%)
Ill. 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 of
prision 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 of2002.
a) What defense, if any, may Ernilo invoke to free himself from

criminal liability? Explain. (2.5%)
b) May Rado adopt as his own Emilo'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 ofNel,
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. D0ra 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 necc!ssary documents. Dela collected
1!120,000.00 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 Pl 0,000.00

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. (2.5o/o)
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%)
XXL 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 ed. 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 rult:: and why? (3 %)
---0000000---
(i)
Supreme Court
Manila
LABOR LAW
November 8, 2015 2:00 P.M. - 6:00 P.M.
INSTRUCTIONS

There are 22 items (I to XXII) to be answered within/our (4) hours.
answers only on the front, not the back, page of every sheet in your Notebook. ·
If the sheets provided in your Examination Notebook are not sufficient for
your answers, use the back page of every sheet of your Examination
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
Labor Law - Bar Exam 2015 2
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 explariation.
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.
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.

iuu;k~~h~
Chairperson
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 20o/o 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 objectionjustified? 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?
(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 strik;: 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? (2o/o)
(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 ofXYZ 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? (3o/o)
(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%)
xxn
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 discovt~red 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%)
---0000000---
(i)
Supreme Court
Manila
LABOR LAW
November 8, 2015 2:00 P.M. - 6:00 P.M.
INSTRUCTIONS

There are 22 items (I to XXII) to be answered within/our (4) hours.
answers only on the front, not the back, page of every sheet in your Notebook. ·
If the sheets provided in your Examination Notebook are not sufficient for
your answers, use the back page of every sheet of your Examination
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

your answers although the question does not expressly ask for an explariation.
pertinent to the solution to the problem. You do not need to re-write or
repeat the question in your Notebook.
the Examiner).

examinations.
You can use the questionnaire for notes you may wish/need to write during
the examination.

iuu;k~~h~
Chairperson
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 20o/o 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 objectionjustified? 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?
(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 strik;: 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? (2o/o)
(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 ofXYZ 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? (3o/o)
(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%)
xxn
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 discovt~red 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%)
---0000000---
(i)
Supreme Court
Manila
LEGAL ETHICS
November 29, 2015 2:00 P.M. - 6:00 P.M.
INSTRUCTIONS

There are 24 items (I to XX.IV) to be answered within/our (4) hours.


·Legal Ethics- Bar Exam 2015 2

the Examiner).

examinations.

~~~~
Chairperson
. Legal Ethics - Bar Exam 2015 3
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 tum 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
Pl 1,000.00 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 % )
· Legal Ethics - Bar Exam 2015 4
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%)
Legal Ethics - Bar Exam 2015 5
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 ll3,500,000.00 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 ll200,000.00 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 re-
setting 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. (3o/o)
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%)
~egal Ethics - Bar Exam 2015 7
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 non-followers 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 ll2,000,000.00.
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. (3o/o)
XX.III. 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 X reported 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%)
---0000000---
Supreme Court
Manila
POLITICAL LAW
November 8, 2015 8:00 A.M. - 12:00 NN.
INSTRUCTIONS

There are 22 items (I to XX.II) to be answered within/our (4) hours.


Political Law - Bar Exams 2015 2

distinctive marking/s on your Notebook that can serve as an identifying mark.ls
the Examiner).

the exam Notebook is considered cheating and can disqualify you for the Bar .
examinations.

~~It~
Chairperson
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 UNCLOS 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.
(4o/o)
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 ofjus 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 re-
appointment 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 GBTYA espouses immorality which offends religious
dogmas. GBTYA challenges the denial of its application based on moral
grounds because it violates its right to equal protection of the law.
(I) 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. ( 5o/o)

·Political Law - Bar Exams 2015 9
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 K-Pop. 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%)
XXL 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 Ex-Officio 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
(PHILHEAL TH). 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%)
---0000000---
(I)
Supreme Court
Manila
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.


Remedial Law - Bar Exam 2015 2

the Examiner).

examinations.

~~&~
JUSTICE TERESITA J. LEONARDO-D.E CASTRO
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 1!500,000.00.
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 ll300,000.00 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? (3o/o)
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 co-
signatories 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 ofR.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 was 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 lil 1 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 Ill 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-in-intervention 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. PO 1
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 VAWC Law) for physical violence and five separate
informations for violation ofR.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
µ10,000.00. 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 µ20,000.00.
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
P 10 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 non-

governmental 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 %)
---oooOooo---
Supreme Court
Manila
TAXATION
November 15, 2015 2:00 P.M. - 6:00 P.M.
INSTRUCTIONS
1. This Questionnaire contains eight (8) pages including these Instructions

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 XX.II) to be answered withinfour (4) hours.


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
Taxation-Bar Exam 2015 2

your answers although the question does not expressly ask for an explanation.
pertinent to the solution to the problem. You do not need to re-write or repeat
the question in your Notebook.
distinctive marking/s on your Notebook that can serve as an identifying mark/s
the Examiner).

examinations.

~~b~
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 non-
resident 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%)

Taxation- Bar Exam 2015 4
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 thf~ tax treatment of the cash dividends received from
BBB, Inc. by the following stockholders:
a) A resident citizen {l?lo)
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 {l o/o)
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 CTA division dismissing its
Petition. CCC, Inc. immediately filed a Petition for Review with the CTA en
bane on August 6, 2015. ls the immediate appeal by CCC, Inc. to the CTA en
bane 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 non-resident foreign corporation.
The residential house and lot will be used by officials ofEEE, 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 ofFFF,
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 ofFFF, 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. ( 1o/o)
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 minimis 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 lll!H 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 Pl ,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 ofLLL 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 ofLLL 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?
(2o/o)
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? (4o/o)
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%)

Taxation - Bar Exam 2015 8
b. What is the proper procedural remedy and applicable time periods for
challenging the ordinance? (4o/o)
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%)
XXL 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 the Bangko
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 ofRevenue Regulations (RR) No. 7-95. On appeal, the
CTA division and the CTA 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 ofMMM, 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 (2o/o)
b. Medical expenses (2%)
---0000000---

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Ci)

Republic of the Philippines

2015 BAR EXAMINATIONS

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

1. This Questionnaire contains ten (10) pages including these

There are 20 items (I to XX) to be answered within/our (4) hours.

If the sheets provided in your Examination Notebook are not

3. Answer the Essay questions legibly, clearly, and concisely. Start

Your answer should demonstrate your ability to analyze the facts

involved and their qualifications and limitations. It should demonstrate your

A mere "Yes" or "No" answer without any corresponding

Writing, leaving or making any distinguishing or identifying

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT

c) Is the situation presented in Item I an example of depe9age? (2%)

Kardo met Glenda as a young lieutenant and after a whirlwind courtship,

X, Y, Z are siblings who inherited a IO-storey building from their parents.

A. X and Y are partners in a shop offering portrait painting. Y provided

B. In this jurisdiction, is a joint venture (i.e., a group of corporations

a) Will their action prosper? (4%)

B. Distinguish civil and natural obligations. (2%)

c) Give an example of a pledge created by operation of law. (2%)

Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was

A lawyer was given an authority by means of a Special Power of Attorney

B. Distinguish a direct attack from a collateral attack on a title. (2o/o)

2015 BAR EXAMINATIONS

1. This Questionnaire contains ten (10) pages including these Instructions

There are 22 items (I to xxin to be answered within/our (4) hours.

If the sheets provided in your Examination Notebook are not sufficient

Your answer should demonstrate your ability to analyze the facts

A mere "Yes" or "No" answer without any corresponding explanation

Writing, leaving or making any distinguishing or identifying mark in

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT

I. a) How are felonies committed? Explain each. (3%)

b) What is aberratio ictus? (2%)

b) Assuming that Tiburcio' s death occurred before the Court of

a) What crime did Procopio commit, and what circumstance

b) Assuming that Procopio and Bionci were common-law spouses,

a) May Talia invoke the defense of Battered Woman Syndrome to

a) What advice will you give Adamos? Explain. (2.5%)

b) Assuming that what Adamos committed was heading a rebellion

a) If you were the judge, would you grant Taylor's Motion to

b) Assuming that instead of the United States, Taylor was able to go

VIII. A typhoon destroyed the houses of many of the inhabitants of X

a) What crime did Mayor Maawain commit? Explain. (2.5%)

IX. The Philippine Drug Enforcement Agency (PDEA) had intelligence

a) What defense, if any, may Ernilo invoke to free himself from

b) May Rado adopt as his own Emilo's defense? Explain. (2.5%)

a) What crime(s) did Honesto commit? Explain. (2.5%)

XII. Ando, an Indonesian national who just visited the Philippines,

a) A week later, Dela was nowhere to be found. What crime(s) did

XV. Dancio, a member of a drug syndicate, was a detention prisoner in the

solemnized by Mayor Abral. What crime(s) did Mayor Abral and

a) What crime(s) did Higino commit? Explain. (2.5%)

XIX. Bruno, a taxi driver, had an indebtedness in the sum of Pl 0,000.00

a) What crime, if any, did Bruno commit? Explain. (2.5o/o)

a) May Hector's charge of adultery against Wendy and Ariel

b) What is an impossible crime? Can there be an impossible crime

2015 BAR EXAMINATIONS

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

1. This Questionnaire contains ten (10) pages including these Instructions

There are 22 items (I to XXII) to be answered within/our (4) hours.

A mere "Yes" or "No" answer without any corresponding explanation or

Writing, leaving or making any distinguishing or identifying mark in the