Daily bar questions

1. Distinguish complaint and information

a. A complaint is a sworn written statement charging a person with an offense, subscribed
by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated while an information is an accusation in writing
charging a person with an offense, subscribed by the prosecutor and filed with the
court.

2. Can the issue of wage distortion be raised in a notice of strike?

a. No. Under the labor code, wage distortion dispute is non-strikable. The allowable strike
grounds are bargaining deadlock and ULP to the exclusion of all others. Hence, the issue
of wage distortion is cannot be raised in a notice of strike.

3. It is said that “waiver of immunity by the State does not mean a concession of its liability”.
What are the implications of this phrase?
a. Under our jurisprudence, the Supreme Court has held that the implication of the phrase
“waiver of immunity by the State does not mean a concession of its liability” is that
the state does not necessarily admit it’s liability. By consenting to be sued, the State
waives its immunity from suit, but it does not waive its lawful defenses to the action

4. When a criminal case is dismissed on nolle prosequi, can it later be refilled?

a. Yes. The Supreme Court has held that dismissal entered before the accused is placed on
trial and before he is called on to plead is not equivalent to an acquittal, and does not
bar a subsequent prosecution for the same offense. Hence, the said criminal case
dismissed may later be refilled.

5. Give three instances when a Philippine Court can take judicial notice of a foreign law?
a. The three instances when a Philippine court can take judicial notice of a foreign law are:
i. when the Philippine courts are evidently familiar with the foreign law (Moran,
1980):
ii. when the foreign law refers to the law of nations (Sec. 1, Rule 129) and,
iii. when it refers to a published treatise, periodical or pamphlet on the subject of
law if the court takes judicial notice of the fact that the writer thereof is
recognized in his profession or calling as expert on the subject (Sec. 4[5], Rule
130)

6. What do you understand by state immunity from suit? Explain.

a. The Supreme Court has held that the state immunity from suit means that the State may
not be sued without its consent. The Republic cannot be proceeded against unless it
allows itself to be sued.

7. How may consent of the state to be sued be given? Explain. (1999 Bar, 2017 Bar)
a. The Supreme Court has held that the State’s consent may be given either expressly or
impliedly.
 i. Express consent may be made through a general law or a special law.
ii. On the other hand, implied consent is conceded when the State itself
commences litigation, thus opening itself to a counterclaim or when it enters
into a contract.

8. Distinguish the liabilities of an employer who engages the services of a bona fide “independent
contractor" from one who engages a “labor-only" contractor? (1994, 2012 Bar)
a. The Supreme Court has held that an employer who engages the services of a bona fide
independent contractor is considered an indirect employer, and is made solidarily liable
with the contractor to the employees of the latter for a more limited purpose.
b. On the other hand, an employer who engages a labor-only contractor is deemed the
direct employer and is made liable to the employees of the contractor for a more
comprehensive purpose.