CONSTITUTIONAL LAW

Q1

An anonymous complaint was filed with the Office of the Bar Confidant of the Supreme Court
showing evidence that Judge DOM, a fifty year old man, had sexual relations with a member of
his staff, who is a law student and two decades younger than him. Screenshots were submitted
showing their conversations which, though graphic, appeared to be consensual. The case was
forwarded to the Supreme Court En Banc for deliberations. Three Justices, however, had COVID
and were unable to entertain even online video conferencing while two Justices had recused
themselves, as they were friendly with Judge DOM. Of the ten remaining Justices, five voted to
remove Judge DOM from the Judiciary while five voted for him to stay. Is Judge DOM
terminated?

Q2

The City of XYZ built a powerplant in the land adjacent to the Payapa village. It emitted
hazardous fumes that Payapa residents were forced to inhale and the noise level it produced
made it difficult for residents of the Payapa to converse without shouting. They wished to
transfer but had no resources to do so. Hence, they hired a lawyer to sue the City of XYZ and
compel the latter to pay them just compensation. The government lawyer argued that the
powerplant did not physically occupy their homes, and, therefore, there was no basis to pay them
anything. Will the suit prosper?

Indeed, the expropriator’s action may be short of acquisition of title, physical possession,
or occupancy but may still amount to a taking. Compensable taking includes destruction,
restriction, diminution, or interruption of the rights of ownership or of the common and
necessary use and enjoyment of the property in a lawful manner, lessening or destroying its
value.

Q3

President Matanda fell ill during his term and resigned as President two years prior to the
expiration of his term. Three weeks after his resignation, the DOJ, through Prosecutor Atat, after
undergoing Preliminary Investigation, filed an Information for Murder against him with the
Regional Trial Court of Manila for killing his political opponent during his time as President.
Now Former President Matanda moved to quash the Information on the ground that he has
immunity from suit. Is Former President Matanda’s defense meritorious?

Q4
Congress passed a law requiring Bar Candidates to undergo drug testing as a requirement for
taking the bar exams, which is a licensure examination in the Philippines for aspiring lawyers.
Atty. Pabaya knows his son is taking drugs and is thus opposed to such a requirement. What
legal argument or arguments can Atty. Pabaya make before the regular courts to assail the law?
There are two possible arguments, the first of which is basic, the second is advanced, though still
within the coverage. Hint for the advanced is that it’s under the Bill of Rights.

Q5

A law was passed stating that, from the time it takes effect, for complaints involving the
collection of sum of money, where the aggregate sum prayed for exceeds Php 1,000,000.00,
appeal from an adverse decision of the Regional Trial Court may be taken directly to the
Supreme Court. Your client, Mr. A, sued Mr. B for Php 2,000,000.00 in the Regional Trial Court
and won. Mr. B thus appealed the same to the Supreme Court pursuant to the new law. As Mr.
A’s lawyer, what action can you take? Explain.

Q6

The President of the Philippines declared Martial Law on Taguig. He publicly declares that the
sole reason for such declaration is because of information he allegedly received that Chel
Diokno, Dean of DLSU Law, has recruited students of DLSU Law to start a rebellion to
overthrow him. You are a former student of DLSU Law. What legal action can you take and
what ground can you invoke to question Martial Law?

Q7

Your Indian friend, Aviv, owns Aviv Films, a mass media company. He wants to move to the
Philippines and have a new Aviv Films in the country to compete with Viva Films. He asks you
to set up a Corporation for him. He is willing to have Filipinos whom he trusts slightly own
shares in the Corporation, but he wants their ownership to be as limited as possible. Aviv also
wants to start an Advertising Company, Aviv Ads and an Electricity Company, Zap Aviv. What
will be your advice regarding the legality of the establishment of the three companies, Aviv
Films, Aviv Ads, and Zap Aviv?

Q8

Several Petitioners started a People’s Initiative to change a single Section in the Constitution. In
this regard, they filed a Petition with the COMELEC. Originally, Section 21, Article VII reads as
follows: “Section 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.” They seek to alter the same
to read: “Section 21. All treaties and international agreements are valid upon the approval of the
President.” If you could solely decide on behalf of COMELEC, how would you rule on the
Petition and why?

Q9

Insured Nasunugan filed a complaint against Insurer Masama for unfair claim settlement
practices under Section 247 of the Insurance Code with the Insurance Commissioner. Nasunugan
submitted several documents to show that his policy contained fire as an insured risk and that he
experienced fire in his home. Later, Nasunugan received a Decision denying the complaint
which noticeably omitted any discussion of the evidence Nasunugan submitted. Nasunugan
found out from the members of the Commissioner’s staff that the Commissioner’s Secretary had
misplaced the entirety of Nasunugan’s case folder, containing all his evidence, and that, prior to
such misplacement, the documents were never opened. The Commissioner allegedly believes
that, considering that the Insurance Commission is only an administrative agency and not a
judicial body, it does not have to follow strict rules. Hence, the loss of Nasunugan’s evidence is
inconsequential. If you were to file an Appeal under Rule 43 of the Rules of Court questioning
the Decision of the Insurance Commissioner, what ground would you invoke?

Q10

Erlich Bach, a Filipino citizen, became a Congressman. However, he is extremely

misogynist and always has bad breath. One Congressman initiated an action to expel him.
Surprisingly, 70% of all the members of Congress assented. Erlich now comes to court to
question such expulsion and claims that he did not engage in any conduct that would
warrant expulsion. If you are the lawyer for the Congressmen who voted against Erlich,
what affirmative defense can you invoke in your Answer?

Q11

During Senator A’s term, he was offered by the President to be the Commissioner of the Bureau
of Internal Revenue and was told it was a far more lucrative profession. Senator A accepted the
offer and thus became Commissioner A. What are the legal consequences, if any?

PUBLIC INTERNATIONAL LAW

Q1
What are the sources of International Law? Which of them are primary and which are
secondary?

TAXATION LAW

Q1

DLSU, a proprietary educational institution, receives 70% of its income from the tuition fees of
its students and 30% of its income from concessionaires, i.e., those renting its cafeteria spaces. It
spends 50% of its income on salaries of teachers and on infrastructure for the school and the
other 50% on its own restaurant businesses, which also cater to students. DLSU is seeking tax
exemption. For what portion of its income may it be exempt income tax?

Q2

Mr. A is a lawyer. He bought a car for Php 1.5 million in 2014 and used the same as his personal
car. In 2022, he sold the same car, which at the time had a fair market value of Php 700,000.00,
for only Php 500,000.00. Later, the BIR assessed him for Donor’s Tax for the Php 200,000.00,
which is the difference between the fair market value of the car and the consideration paid to Mr.
A. Is the BIR correct in doing so?

Q3

Due to the lockdowns caused by COVID-19, Mr. Rich Parin (RP), once the owner of a gym, had
to sell several properties for his basic necessities: the building which used to house his gym, his
Lamborghini which is his personal car and all of his gym equipment.

What are the properties subject to income tax and why?

LABOR LAW

Q1

Mr. Recruiter obtained an Authority by the DOLE as a recruiter. He thus has a recruitment
agency for Domestic Helpers. Mr. Moneybags, in the US, told him that he will pay USD 10,000
per month to obtain a Domestic Helper who can cook, drive, and speak flawless and unaccented
English and will pay Mr. Recruiter USD 2,000 as commission, if he can find such a person. The
only person Mr. Recruiter knows who has such talents is Ms. Magaling who, unfortunately, is
already employed in the Philippines by Mrs. Badtrip. Thinking he has nothing to lose, he tells
Ms. Magaling the offer and the latter jumped at the opportunity. Mrs. Badtrip, however, lost a
capable employee. As such, she sued Mr. Recruiter for illegal recruitment. Does Mrs. Badtrip’s
complaint have merit? (ADV)

Q2

Union A is the Certified Bargaining Agent in ABC Corporation. It had a difficult time collecting
union dues from its members and thus, it made an arrangement with ABC Corporation whereby
it shall collect the fee for Labor Relations Seminars from ABC Corporation and the latter shall
deduct the same from its employees who are also members of Union A. Later, Employee A
complains that this was an unauthorized deduction and his individual written authorization was
required. Is Employee A correct? (ADV)

Q3

Atty. Charming is the President of Union A, the Sole and Exclusive Bargaining Agent of
teachers working in DLSU. He has connections with DOLE, the media, and other educational
institutions. During negotiations for a new Collective Bargaining Agreement between Union A
and DLSU, the President of DLSU offered him a managerial position. Atty. Charming accepted
the same. Thereafter, Atty. Charming was replaced as Union President by Mr. Normal. In a
meeting between Mr. Normal and the DLSU President, the latter tore in half the draft CBA in
front of Mr. Normal. He also told Mr. Normal that he’s planning to significantly lower the
teachers’ salaries and that the teachers can quit if they don’t like it but they probably won’t
because “they can’t do a damn thing about it now that Charming’s gone”. What legal action may
Union A take against DLSU, if any?