Professional Documents
Culture Documents
As a member of the IBP Board of Governors, Casal, Casos and Associates filed a motion to
decide on the following: intervene in the case pending with the Court,
(a) the validity of his claim that, being engaged in a praying that Carina be ordered to pay them PhP 4
limited practice of law and being a senior citizen million, representing 10% of the amount received
who is exempt from the payment of taxes, he is by Carina from her employer in settlement of the
not required to pay his IBP and professional dues; case, plus 6% legal interest from the date of filing
(2.5%) of the motion for intervention, until fully paid. The
intervenors claimed that they were dismissed
without justifiable cause prior to the signing of the
compromise agreement for the reason that Carina, had six (6) children. Both women were unaware of
their client, wanted to evade payment of their Carlo's marriage to the other.
legal fees. Carina claimed they were dismissed When Carlos entered law school, he met Cristina, a
because Attys. Casal and Casos, who personally classmate, to whom he confided his marital status.
handled her case, had resigned from the law firm Not long after, Carlos and Cristina became involved
to join the government, and because of the in an extramarital affair, as a result of which Carlos
negligence and failure of her lawyers to attend to left Corinne and their children. During Carlos and
her case. In reply, the intervenors said that the Cristina's senior year in law school, Consuelo
engagement was with the law firm and not with passed away. After their admission to the bar,
individual lawyers. The law firm also presented Atty. Carlos and Atty. Cristina decided to get
letters signed by their client commending them for married in Hong Kong in a very private ceremony.
work done well in the case. When Corinne learned of Carlos and Cristina's
wedding in Hong Kong, she filed a disbarment case
(a) May lawyers legally charge their clients based against Atty. Carlos and Atty. Cristina on the
on contingent fees? (2.5%) ground of gross immorality. Atty. Carlos and Atty.
Cristina raised the following defenses:
(b) Should Casal, Casos and Associates be allowed
to intervene in the case pending before the Court a) the acts complained of took place before they
in order to collect their fees from Carina? (2.5%) were admitted to the bar; and
(c) Can Carina refuse to pay attorneys' fees on the b) Atty. Carlos' marriage to Corinne was void ab
ground that the lawyers who personally handled initio due to his subsisting first marriage with
her case had already resigned from the law firm Consuelo, and they were free to marry after
with which she had contracted? (2.5%) Consuelo died.
(d) May Carina's employer, defendant in this case, Rule on each defense. (2.5% each)
be held solidarily liable with Carina for the
payment of the attorneys' fees of Carina's lawyers?
(2.5%) VI
Mrs. Conchita Conchu engaged the services of
(e) May the intervenors collect legal interest in Atty. Carlo Colorado to act as private prosecutor to
addition to their attorneys' fees? (2.5%) handle a criminal case against persons suspected
of slaying her husband. Atty. Colorado performed
his duties - he interviewed witnesses to build up
IV his case and religiously attended hearings.
Atty. Cornelio Carbon, 36 years of age, had always However, he failed to attend one hearing
dreamed of becoming a judge, and eventually, a (allegedly because he did not receive a notice) in
justice, but his legal career took a different turn. which the court, over Mrs. Conchu's objections,
Upon graduation, he joined a government-owned granted bail to all the accused. Mrs. Conchu
financial institution where he worked in the Loans belligerently confronted Atty. Colorado about his
and Claims Division. He also taught Negotiable absence. Stung by Mrs. Conchu's words, Atty.
Instruments Law in a nearby law school at night. Colorado filed with the court a "Motion to
He has been active in his IBP Chapter and other Withdraw as Counsel". The motion did not bear
law organizations. However, in his 12 years of the consent of Mrs. Conchu, as in fact, Mrs.
practice, he has never done trial or litigation work. Conchu refused to sign her conformity to Atty.
Colorado's withdrawal. Meanwhile, the hearing in
(a) Is Atty. Carbon engaged in the "practice of the criminal case continued, but Atty. Colorado no
law"? (2.5%) longer appeared at the hearings nor did he contact
Mrs. Conchu. Mrs. Conchu then filed a complaint
(b) Is Atty. Carbon qualified to become a Regional seeking disciplinary sanctions against Atty.
Trial Court Judge? (2.5%) Colorado. Atty. Colorado cited "loss of confidence"
and "serious differences" with the client as his
reasons for withdrawing his services unilaterally.
V
Carlos contracted two marriages: the first was with Can Atty. Colorado be sanctioned for his actions?
Consuelo, whom he left in the province, and the (2.5%)
second was with Corinne in Manila, with whom he
After the defense opted not to conduct any re-
direct examination, another justice asked 10 more
VII questions. With respect to one of the accused,
Atty. Celso Casis' relationship with Miss Cory both justices asked a total of 67 questions after
Cerrada began when he represented her in several cross-examination, and with respect to the other
criminal cases for estafa and violation of B.P. 22. accused, a total of 41 questions after cross-
His expertise and diligence in personally assisting examination. More importantly, the questions of
and facilitating her release on bail and other legal the justices were in the nature of cross-
actions saved her from many legal predicaments. examinations characteristic of confrontation,
Despite her initial resistance, Miss Cerrada, probing, and insinuation.
convinced by Atty. Casis' sincerity and
representation that he was separated from his Is this manner of questioning proper? (5%)
wife and was taking necessary steps for the
annulment of his marriage, began to live with him
openly as husband and wife. One day, Atty. Casis' X
wife suddenly entered Miss Cerrada's home and In a complaint for disbarment, Connie alleged that
assaulted her, inflicting injuries. Miss Cerrada then she engaged the services of Atty. Cesar Corpuz in
filed a complaint with the IBP charging Atty. Casis the preparation and execution in her favor of a
with gross immorality and gross misconduct. Deed of Sale over a parcel of land from her
However, shortly afterwards, upon Atty. Casis' common-law husband. Subsequently, Atty. Corpuz
pleas, Miss Cerrada filed a motion to withdraw filed a civil case on behalf of Constancia, the legal
complaint. The IBP had required Atty. Casis to file wife of Connie's common-law husband, for the
an answer but he did not do so, relying on Miss annulment of the Deed of Sale, impleading Connie
Cerrada's withdrawal of the complaint against him. as defendant.
Can the IBP continue to investigate Atty. Casis and In his defense, Atty. Corpuz asserted that, with the
recommend the imposition of sanctions against permission of Constancia, he wrote a letter to
him, and for the Court to impose sanctions, if Connie informing the latter of Constancia's adverse
warranted, notwithstanding Miss Cerrada's filing claim and urging her to settle the same, but Connie
of the motion to withdraw the complaint against ignored his letter. He also said that Connie did not
him? (2.5%) object to his handling of the case on behalf of
Constancia; therefore, he felt free to file the
complaint against her.
VIII
Judge Celso Camarin posted in the bulletin board Is Atty. Corpuz guilty of misconduct for
of his sala for two weeks, an advertisement which representing conflicting interests? (5%)
says: "Wanted attractive waitresses, personable
waiters and cooks who may be interested in
applying for employment in my family's restaurant XI
business. Interested applicants may submit Atty. Claire Cortez, a member of the Philippine Bar
applications to Branch XXX, RTC of Camarines Sur." who was also admitted to the New York Bar, was
The screening of some applicants was also disbarred from the practice of law in New York for
conducted in the Judge's office. violation of Anti-Money Laundering laws of that
State. She returned to the Philippines in order to
What provisions, if any, of the Code of Judicial resume her Philippine law practice.
Conduct did Judge Camarin violate? (2.5%)
Can she also be disbarred from practicing law in
the Philippines for the same infraction committed
IX in the foreign jurisdiction? (5%)
In a case pending before the Sandiganbayan, the
Sandiganbayan justices themselves actually took
part in the questioning of a defense witness and XII
the accused. The records show that, while a From February to November 2004, Atty.
witness was asked 16 questions on direct Calumpang, in fraudulent connivance with brokers,
examination by the defense counsel and six (6) convinced Corinna to deliver to him advance
questions by the prosecutor on cross-examination, money for the titling of a beachfront property in
one justice interjected a total of 27 questions. Caramoan. Six (6) months had elapsed and Atty.
Calumpang had made absolutely no progress in
the titling of the land. He also could not return the
advance money paid by Corinna because he had XIV
converted the money to his personal use. After Cacai, a law student, filed an administrative
almost a decade, and the property could still not complaint against RTC Judge Casimiro Conde, her
be titled in Corinna's name, she filed an action professor in law school, based on the following
with the Commission on Bar Discipline (CBD) in allegations:
2014 for deceit, malpractice, and conduct
unbecoming of a member of the Bar. In his (a) In a school convocation where Judge Conde
defense, Atty. Calumpang asserted that, since the was the guest speaker, Judge Conde openly
acts complained of took place more than 10 years disagreed and criticized a recently-decided
ago, the case had already prescribed. Supreme Court decision and even stressed that the
decision of the Supreme Court in that case was a
Rule on the defense of Atty. Calumpang. (5%) serious violation of the Constitution.
XVI
On March 1, 2017, sisters and business partners
Carmina and Celeste Corominas borrowed PhP
500,000 from Carmen Carunungan. It was agreed
that the amount will be paid in full one (1) year
after, or on March 1, 2018, with interest at the
rate of 10% per annum, without necessity of a
demand. They also agreed to be bound jointly and
severally. For this purpose, they executed a
motion to dismiss on the ground of lack of
jurisdiction. They averred that the filing fees
should have been based on the actual value of the
shares of Dendenees Inc. and David, which were
collectively worth PhP 450 million.
Debra, Daniel, and Debbie filed their answer, and (c) Can the facts subject of an unanswered request
raised the affirmative defense that, while the PN for admission be the basis of a summary
and the surety agreement appeared to exist, judgment? (2.5%)
Daniel and Debbie were uncertain whether the
signatures on the documents were theirs. The PN
and the surety agreement were pre-marked during VII
pre-trial, identified but not authenticated during Dory Enterprises Inc. (Dory) leased to Digna
trial, and formally offered. Corporation (Digna) a parcel of land located in
Diliman, Quezon City. During the term of the lease,
Can the RTC of Manila consider the PN and the Digna was informed by DBS Banking Corporation
surety agreement in rendering its decision? (5%) (DBS) that it had acquired the leased property
from the former owner Dory, and required Digna
to pay the rentals directly to it. Digna promptly
VI informed Dory of DBS' claim of ownership. In
Daribell Inc. (Daribell) filed a complaint for sum of response, Dory insisted on its right to collect rent
money and damages against spouses Dake and on the leased property.
Donna Demapilis for unpaid purchases of
construction materials in the sum of PhP 250,000. Due to conflicting claims of Dory and DBS over the
In their answer, spouses Demapilis admitted the rental payments, Digna filed a complaint for
purchases from Daribell, but alleged that they interpleader in the RTC of Manila. Digna prayed
could not remember the exact amount since no that it be allowed to consign in court the
copies of the documents were attached to the succeeding monthly rentals, and that Dory and
complaint. They nevertheless claimed that they DBS be required to litigate their conflicting claims.
made previous payments in the amounts of PhP It later appeared that an action for nullification of
110,000 and PhP 20,000 and that they were willing a dacion en pago was filed by Dory against DBS in
the RTC of Quezon City. In said case, Dory raised having transferred it to his name. A few years
the issue as to which of the two (2) corporations thereafter, when he already had the funds to pay
had a better right to the rental payments. Dory for the transfer costs, Dempsey went to the
argued that, to avoid conflicting decisions, the Register of Deeds of Dumaguete and discovered
interpleader case must be dismissed. that, after the sale, Daria had filed a petition for
reconstitution of the owner's duplicate copy of TCT
Does the action for nullification of the dacion en No. 777 which the RTC granted. Thus, unknown to
pago bar the filing of the interpleader case? (2.5%) Dempsey, Daria was able to secure a new TCT in
her name.
In his answer, Doy Dogan raised, by way of (a) Was the challenge to the validity of the arrest
affirmative defense, that the purchase price had timely raised? (2.5%)
been fully paid and for this reason the complaint
should have been dismissed. Spouses Dumdum (b) What is the remedy available to Daryll, if any,
then filed a motion for judgment on the pleadings to be able to file an appeal? (2.5%)
which was granted by the RTC of Dapitan City. The
Court awarded PhP1 .5 million actual damages
representing the balance of the purchase price, XI
PhP 200,000 as moral damages, PhP 200,000 as In 2007, Court of Appeals Justice (CA Justice) Dread
exemplary damages, PhP 90,000 as interest, PhP Dong (J. Dong) was appointed to the Supreme
50,000 as attorney's fees, and PhP 5,000 as cost of Court (Court) as Associate Justice. Immediately
suit. after the appointment was announced, several
groups questioned his qualification to the position
Was it proper for the RTC of Dapitan City to grant on the ground that he was not a natural born
the motion for judgment on the pleadings? (2.5%) Filipino citizen. In the same year, the Court issued
an Order enjoining him from accepting the
appointment or assuming the position and
IX discharging the functions of his office until he is
In 2015, Dempsey purchased from Daria a parcel able to successfully complete all the necessary
of land located in Dumaguete, Negros Oriental. steps to show that he is a natural born citizen of
The latter executed a deed of absolute sale and the Philippines. However, he continued to exercise
handed to Dempsey the owner's duplicate copy of his functions as CA Justice.
TCT No. 777 covering the property. Since he was
working in Manila and still had to raise funds to Since the qualification of a natural born citizen
cover taxes, registration and transfer costs, applies as well to CA Justices, Atty. Dacio, a
Dempsey kept the TCT in his possession without practicing lawyer, asked the Office of the Solicitor
General (OSG), through a verified request, to purposes of proving that (i) Drew is now dead; (ii)
initiate a quo warranto proceeding against J. Dong while in the emergency room, Drew was posting
in the latter's capacity as incumbent CA Justice. his medical condition on Facebook and was "liking"
The OSG refused to initiate the action on the the posts of his Facebook friends; (iii) Drew asked
ground that the issue of J. Dong's citizenship was the nurse for water but was refused because he
still being litigated in another case. was bleeding, which subsequently angered Drew;
and (iv) that before dying, Drew signed a
When the OSG refused to initiate a quo statement in which he identified Denny as the
warranto proceeding, Atty. Dacio filed a petition shooter.
for certiorari against the OSG and certiorari and
prohibition against J. Dong. The petition Is the proposed testimony of Danilo admissible?
for certiorari against the OSG alleged that the OSG (2.5%)
committed grave abuse of discretion when it
deferred the filing of a quo warranto proceeding
against J. Dong, while the petition
for certiorari and prohibition against J. Dong asked
the Court to order him to cease and desist from
further exercising his powers, duties and XIV
responsibilities as CA Justice. In both instances, Dave is on trial for sexual assault of Delly, a law
Atty. Dacio relied on the fact that, at the lime of J. student who sidelines as a call center agent. Dave
Dong's appointment as CA Justice, his birth offers the testimony of Danny, who says that Dave
certificate indicated that he was a Chinese citizen is known in the community as a decent and
and his bar records showed that he was a discerning person. The prosecution presents a
naturalized Filipino citizen. rebuttal witness, Dovie, who testifies that, if Dave
was reputed to be a good person, that reputation
(a) May the OSG be compelled, in an action was a misperception because Dave had been
for certiorari, to initiate a quo previously convicted of homicide.
warranto proceeding against J. Dong? (2.5%)
Is Dovie's testimony admissible as to the character
(b) Does Atty. Dacio have the legal personality to of Dave? (2.5%)
initiate the action for certiorari and prohibition
against J. Dong? (2.5%)
XV
Atty. Dalmacio, the Director of the National Bureau
XII of Investigation, applied for a search warrant
Dodo was knocked unconscious in a fist fight with before the Executive Judge of RTC Manila. He
Dindo. He was rushed to the emergency room of alleged in his application that a certain alias Django
the Medical City where he was examined and was keeping about 10 kilos of shabu in a wooden
treated by Dr. Datu. As he was being examined, a cabinet located at Dillian's Store in Paseo de Sta.
plastic sachet appearing to contain shabu fell from Rosa, Laguna. The Executive Judge of Manila
Dodo's jacket which was on a chair beside him. personally examined Atty. Dalmacio and his
Dodo was thus arrested by the same policemen witnesses and thereafter issued the search
who assisted him to the hospital. At Dodo's trial, warrant particularly describing the place to be
the public prosecutor called Dr. Datu to the searched and the items to be seized.
witness stand. When the public prosecutor asked
Or. Datu as to what he saw in the emergency (a) Can the search warrant issued by the Executive
room, Dodo's counsel objected, claiming doctor- Judge of Manila be enforced in Laguna? (2.5%)
patient privilege rule.
(b) Can the legal concept of "venue is
How would you rule on the objection? (2.5%) jurisdictional" be validly raised in applications for
search warrants? (2.5%)
XIII
Denny is on trial for homicide. The prosecution XVI
calls Danilo, a police officer, who interviewed the Danjo, a stay-in gardener at the Dy family home in
victim, Drew, shortly after the shooting. Danila's Quezon City, applied for overseas employment in
testimony is being offered by the prosecution for Riyadh as a flower arranger. After he left for
abroad, Dino Dy, head of the family, discovered amended complaint naming Demo as additional
that all his wristwatches were missing. Dino defendant, which amendment was later admitted.
followed Danjo's lnstagram account and in one Demo filed a motion for bill of particulars for the
instance saw Danjo wearing his Rolex watch. He Republic to clarify certain matters in its amended
filed a complaint for qualified theft against Danjo complaint. The Sandiganbayan immediately
with the Office of the Prosecutor (OP), Quezon granted the motion. Upon submission of the bill of
City. The subpoena with the affidavit-complaint particulars by the Republic, Demo filed a motion to
was served on Denden, Danjo's wife, at their dismiss arguing that the answers in the bill of
house. No counter-affidavit was filed by Danjo who particulars were indefinite and deficient responses
continued to work in Riyadh. After conducting a to the question of what the alleged illegally
preliminary investigation, the OP found probable acquired funds or properties of Demo were. The
cause against Danjo and subsequently filed the Sandiganbayan dismissed the case.
information for qualified theft before the RTC of
Quezon City. The court likewise found probable (a) Was the Sandiganbayan correct in dismissing
cause and issued in 2016 a warrant for Danjo's the case? (2.5%)
arrest.
(b) What can the defendant, in a civil case, do in
Danjo was repatriated to the Philippines in 2018. the event that his motion for bill of particulars is
While Danjo was lurking outside the Dys' house, denied? (2.5%)
which was only about 100 meters away from the XIX
police station, SPO1 Dody recognized Danjo. Drylvik, a German national, married Dara, a
Realizing that the police station had a copy of Filipina, in Dusseldorf, Germany. When the
Danjo's warrant of arrest, SPO1 Dody immediately marriage collapsed, Dara filed a petition for
pursued and arrested Danjo. declaration of nullity of marriage before the RTC of
Manila. Drylvik, on the other hand, was able to
(a) Was the warrant of arrest issued against Danjo obtain a divorce decree from the German Family
who was not in the Philippines valid? (2.5%) Court. The decree, in essence, states:
(b) Can the warrant of arrest be served on Danjo The marriage of the Parties contracted on xxx
upon his return? (2.5%) before the Civil Registrar of Dusseldorf is hereby
dissolved. The parental custody of the children
Diktor and Daus is granted to the father.
XVII Drylvik filed a motion to dismiss in the RTC of
Don Deles, a contractor, was sued together with Manila on the ground that the court no longer had
Mayor Dante Dungo and Congressman Dal Dilim jurisdiction over the matter as a decree of divorce
for malversation of public funds before the Office had already been promulgated dissolving his
of the Ombudsman. Danny Din, a material witness marriage to Dara. Dara objected, saying that while
of the complainant Diego Domingo, was hired as she was not challenging the divorce decree, the
an engineer by a construction company in Qatar, case in the RTC still had to proceed for the purpose
and had to depart in two (2) months. To of determining the issue of the children's custody.
perpetuate Danny Din's testimony, Diego Domingo Drylvik counters that the issue had been disposed
applied for his conditional examination before the of in the divorce decree, thus constituting res
Sandiganbayan. judicata.
Should the application for conditional examination (a) Should Drylvik's motion to dismiss be granted?
of Danny Din be granted? (2.5%) (2.5%)
XXI
The municipality of Danao, Cebu was a quiet and
peaceful town until a group of miners from
Denmark visited the area and discovered that it
was rich in nickel. In partnership with the
municipal mayor, the Danish miners had to flatten
10 hectares of forest land by cutting all the trees
before starting their mining operations. The local
DENR, together with the Samahan Laban sa
Sumisira sa Kalikasan, filed a petition for writ
of kalikasan against the municipal mayor and the
Danish miners in the RTC of Cebu.
XXII
Danica obtained a personal loan of PhP 180,000
from Dinggoy, payable in 18 equal monthly
installments of PhP 10,000 until fully paid. In order
to complete her payment at an earlier date, Danica
instead paid PhP 20,000 monthly, and continued
doing so until the 15th month, which payments
Dinggoy all accepted. Later on, she realized that
she had overpaid Dinggoy by 100% as she should
have already completed payment in nine (9)
months. She demanded the return of the excess
payment, but Dinggoy completely ignored her.
Thus, Danica availed of the Rules of Procedure for
Small Claims Cases by filing before the Municipal
Trial Court (MTC) a statement of claim, together
with the required documents.
II
Rico, a hit man, positioned himself at the rooftop
of a nearby building of a bank, to serve as a
lookout for Red and Rod while the two were
robbing the bank, as the three of them had
previously planned. Ramiro, a policeman,
responded to the reported robbery. Rico saw
Ramiro and, to eliminate the danger of Red and
Rod being caught, pulled the trigger of his rifle,
intending to kill Ramiro. He missed as Ramiro
slipped and fell down to the ground. Instead, a
CRIMINAL LAW (2018) woman depositor who was coming out of the bank
was fatally shot. After their apprehension, Rico,
Red, and Rod were charged with the special
I
complex crime of robbery with homicide. Rico's
Roberto and Ricardo have had a long-standing
defense was that he never intended to shoot and
dispute regarding conflicting claims over the
kill the woman, only Ramiro. Red and Rod's
ownership of a parcel of land. One night, Roberto
defense was that they were not responsible for the
was so enraged that he decided to kill Ricardo.
death of the woman as they had no participation
Roberto asked his best friend, Rafael, to lend him a
therein.
gun and drive him to Ricardo's house. Rafael knew
about Roberto's plan to kill Ricardo, but agreed to
(a) Is Rico's defense meritorious? (2.5%)
lend him a gun nevertheless. Rafael also drove
Roberto to the street corner nearest the house of
(b) Is Red and Rod's defense meritorious? (2.5%)
Ricardo. Rafael waited for him there, until the task
had been accomplished, so that he could drive
Roberto to the next town to evade arrest. Roberto
III
also asked another friend, Ruel, to stand guard
On February 5, 2017, Rho Rio Fraternity held
outside Ricardo's house, for the purpose of
initiation rites. Present were: (i) Redmont, the Lord
warning him in case there was any danger or
Chancellor and head of the fraternity; (ii) ten (10)
possible witnesses, and to keep other persons
members, one (1) of whom was Ric, and (iii) five
away from the vicinity. All three - Roberto, Rafael
(5) neophytes, one (1) of whom was Ronald.
and Ruel - agreed to the plan and their respective
Absent were: (i) Rollie, the fraternity's Vice
roles.
Chancellor and who actually planned the initiation;
and (ii) Ronnie, the owner of the house where the
On the agreed date, Rafael drove Roberto and Ruel
initiation was conducted.
to the nearest corner near Ricardo's house.
Roberto and Ruel walked about 50 meters where
Due to the severe beating suffered by Ronald on
Ruel took his post as guard, and Roberto walked
that occasion, he lost consciousness and was
about five (5) meters more, aimed the gun at
brought to the nearest hospital by Redmont and
Ricardo's bedroom, and peppered it with bullets.
Ric. However, Ronald was declared dead on arrival
When he thought that he had accomplished his
at the hospital.
plan, Roberto ran away, followed by Ruel, and
together they rode in Rafael's car where they
During the investigation of the case, it was found
drove to the next town to spend the night there. It
out that, although Ronald really wanted to join the
turned out that Ricardo was out of town when the
fraternity because his father is also a member of
incident happened, and no one was in his room at
the same fraternity, it was his best friend Ric who
ultimately convinced him to join the fraternity and, receiving his reward, Romy left while Robert
as a prerequisite thereto, undergo initiation. It was proceeded to have carnal knowledge with the girl.
also shown that Redmont and Ric did not actually
participate in the beating of the neophytes (a) For what felony may Robert and Romy be
(hazing). The two (2) either merely watched the charged? (2.5%)
hazing or helped in preparing food. And, lastly, two
(2) days prior thereto, Ronnie texted Rollie that (b) Will your answer in (a) be the same if the victim
the fraternity may use his house as the venue for is a 15-year old lass who was enticed, through
the planned initiation. cunning and deceit of Romy, to voluntarily go to
the house of Robert where the latter subsequently
Aside from those who actually participated in the had carnal knowledge with her? (2.5%)
hazing, Redmont, Rollie, Ric, and Ronnie were
criminally charged for the hazing of Ronald that
resulted in the latter's death. VI
A group of homeless and destitute persons
(a) Are the four criminally liable? (2.5%) invaded and occupied the houses built by the
National Housing Authority (NHA) for certain
(b) Can all those criminally charged be exonerated military personnel. To gain entry to the houses, the
upon proof that Ronald, knowing the risks, group intimidated the security guards posted at
voluntarily submitted himself to the initiation? Will the entrance gate with the firearms they were
the absence of proof that the accused intended to carrying and destroyed the padlocks of the doors
kill the victim affect their liability? (2.5%) of the houses with the use of crowbars and
hammers. They claimed that they would occupy
the houses and live therein because the houses
IV were idle and they were entitled to free housing
On the way home from work, Rica lost her from the government.
necklace to a snatcher. A week later, she saw what
looked like her necklace on display in a jewelry For the reason that the houses were already
store in Raon. Believing that the necklace on awarded to military personnel who have been
display was the same necklace snatched from her found to have fully complied with the
the week before, she surreptitiously took the requirements for the award thereof, NHA
necklace without the knowledge and consent of demanded the group to vacate within ten (10)
the store owner. Later, the loss of the necklace days from notice the houses they occupied and
was discovered, and Rica was shown on the CCTV were still occupying. Despite the lapse of the
camera of the store as the culprit. Accordingly, deadline, the group refused to vacate the houses
Rica was charged with theft of the necklace. Rica in question.
raised the defense that she could not be guilty as
charged because she was the owner of the What is the criminal liability of the members of the
necklace and that the element of intent to gain group, if any, for their actions? (5%)
was lacking.
XVIII
Mrs. Robinson is a teacher at an elementary
school. In one of her classes, she found, to her
consternation, that an 8-year old Richard was
always the cause of distraction, as he was fond of
bullying classmates smaller in size than him.
One morning, Reymart, a 7-year old pupil, cried
loudly and complained to Mrs. Robinson that
Richard had boxed him on the ear. Confronted by
Mrs. Robinson about Reymart's accusation,
Richard sheepishly admitted the same. Because of
this, Mrs. Robinson ordered Richard to lie face
The electronic parts arrived in the Port of Manila,
and YBM released them to the custody of YEC as
an entrustee under a trust receipt. When YEC
unpacked the imported parts in its warehouse, it
found that they were not only of inferior quality
but also did not fit the descriptions contained in
the bill of lading. YEC refused to pay YBM the
amount owed under the trust receipt. YBM
thereafter commenced the following:
II
Yolanda executed and signed a promissory note
with all the requisites for negotiability being
present, except for the amount which was left
blank. She kept the promissory note in her desk
and decided to place the amount at a later date.
The indicated payee, Yohann, managed to obtain
the promissory note from Yolanda's desk and filled
out the amount for the sum of PhP 10 million,
MERCANTILE LAW (2018) which was the amount actually lent by him to
Yolanda, but excluding the agreed interest. Yohann
later endorsed and delivered the check to Yvette,
I
under circumstances that would constitute the
Yeti Export Corporation (YEC), thru its President,
latter to be a holder in due course.
negotiated for Yahoo Bank of Manila {YBM) to
issue a letter of credit to course the importation of
(a) May Yvette hold Yolanda liable on the note?
electronic parts from China to be sold and
(2.5%)
distributed to various electronic manufacturing
companies in Manila. YBM issued the letter of
(b) Would your answer be the same if the
credit and forwarded it to its correspondent bank,
promissory note was actually completed by
Yunan Bank (YB) of Beijing, to notify the Chinese
Yolanda (including the amount of PhP 10 million),
exporters to submit the bill of lading in the name
but stolen from her desk by Yohann? Can Yvette
of YBM covering the goods to be exported to
enforce the note against Yolanda? (2.5%)
Manila and to pay the Chinese exporters the
purchase price upon verification of the
authenticity of the shipping documents.
III
On November 23, 2017, Yas Ysmael (Ysmael)
loaned the amount of PhP 5 million to Yarn & (d) YTC, now owned by new owners, cannot be
Thread Corporation (YTC), through its President, held liable on the PN since it was entered into by
Ylmas Yektas (Yektas), which loan was evidenced its former owner and President, which act the new
by a Promissory Note (PN), which reads as follows: Board of Directors did not ratify.
Date: _______
(e) The PN .is void for being in violation of the
Within one year from date hereof, I promise to Usury Law seeking interest at an unconscionable
pay to the order of YAS YSMAEL, the sum of PhP 5 rate of 120% p.a.
million with interest at 120% per annum.
IX
(b) Who is liable to pay the remaining unpaid 50% checks, the individual lender/investor can review
balance - Ybarra or Ynchon? (2.5%) the loans/investment, and may either collect only
the interest or roll over the same with the principal
amounts. Eventually, the bursting of the real
XI estate bubble brought about a serious financial
Yenetic Corporation wants to increase its crisis around the world, including the Philippines.
Authorized Capital Stock (which is currently fully Yashtag Realty collapsed and with it Yashtag
subscribed and issued) to be able to increase its Holdings defaulted in the payment of its
working capital to undertake business expansions. loans/investments, as well as the dishonor of the
The Board of Directors consults with you as legal tens of thousands of postdated checks issued to its
counsel on the proper answers to the following various lenders/investors.
issues: (2.5% each)
Yeh, Yah, and Yo filed several charges against
(a) Can Yenetic's AOI be formally amended to Yashtag Holdings and its President, making them
remove the right of appraisal on all dissenting solidarily liable for the investments they failed to
stockholders in all matters under the law which recover. Yeh, Yah, and Yo proved that Yashtag
requires a ratification vote of the stockholders? Holdings, acting through Mr. Yokada, was able to
get a total of PhP 800 million of loans/investments
(b) If the increase in Authorized Capital Stock is from the public under the scheme, and from which
formally submitted to the stockholders in a Mr. Yokada, as the controlling stockholder, was
meeting duly called for the purpose, what is the able to withdraw a total amount of PhP 300 million
vote necessary for the stockholders' ratification, for his personal account and entered into the
and may the dissenting stockholders exercise their books of Yashtag Holdings as "Advances to
appraisal right? Stockholders." Mr. Yokada pleads as a defense that
he cannot be made personally liable on the claim
(c) Once the increase in the Authorized Capital of the group under the doctrines of "Separate
Stock of Yenetic has been legally effected with the Juridical Personality" and "Limited Liability."
SEC, can the new shares from the unissued shares
be offered to a new limited group of investors (a) What are the doctrines of "Separate Juridical
without having to offer them to the shareholders Personality" and "Limited Liability"? (2.5%)
of record since no pre-emptive right is provided for
in the AOI and By-laws of Yenetic? (b) Decide on the merits of Mr. Yokada's defense
against being made liable for Yashtag Holdings'
obligations. (2.5%)
XII
Yashtag Holdings, lnc.'s (Yashtag Holdings) AOI
states that its primary purpose is "to invest in real XIII
and personal properties of every kind or otherwise YBC Bank extended a loan of PhP 50 million to Mr.
acquire and deal with stocks, bonds, and other Yamato secured by a real estate mortgage (REM)
securities or evidence of indebtedness of any other on a large tract of land. The covering Transfer
corporation, and to hold or to own, use, sell, deal Certificate of Title (TCT) of the property mortgaged
in, and dispose of, any such stock." It further states did not indicate any encumbrance or lien on it, and
that it has an authorized capital stock of PhP 1 the bank was able to obtain a certified true copy of
million, all of which have been fully subscribed and the TCT from the Register of Deeds showing that
paid up. the owner's copy submitted to the bank was a
genuine title. The Loan Agreement provided an
Yashtag Holdings' President, Mr. Yokada, escalation clause which stated that, at the
convinced Yeh, Yah, and Yo to lend/invest money anniversary date of the loan, YBC Bank was
with Yashtag, which money will be invested in a granted the option to increase the interest rate
sister company, Yashtag Realty, Inc. (Yashtag whenever there would be an increase in the
Realty), a corporation that develops premium real Bangko Sentral ng Pilipinas' prevailing rates. Three
estate projects in the Philippines. For the amount years later, Mr. Yamato received a formal notice
loaned/invested, Yashtag Holdings issued two (2) from YBC Bank raising the interest rate of the loan
postdated checks to each lenderflnvestor, one based on the escalation clause provided for in the
representing the principal amount, and the other Loan Agreement. Mr. Yamato refused to pay based
covering the guaranteed interest that ranged on the increased interest rate that was effected
between 18-32% p.a. On the maturity dates of the without his consent. YBC Bank insists on the
binding effect of the escalation clause appearing up of several shops selling similar delicacies, with
on their Loan Agreement. the most famous product being the pastillas of
"Barangay San Ysmael." Eventually, the pastillas of
Mr. Yamato subsequently defaulted on the loan Aling Voling under the brand name "Ysmaellas"
and vanished. Thus, YBC Bank extrajudicially began to attract national distinction. Aling Voling
foreclosed on the REM, and was the highest bidder therefore registered it as a copyright with the
at the public auction sale. It was only then that the National Library. Her neighbor, Aling Yasmin,
bank determined that there were actually two realizing the commercial value of the brand,
separate TCTs issued for the property and one of started using the term "Ysmaellas" for her pastillas
which was in the name of Mr. Yamsuan who but used different colors. Aling Yasmin registered
occupied the property after having bought it the brand name "Ysmaellas" with the Intellectual
earlier from Mr. Yamato. Property Office (IPO).
(a) Can YBC Bank unilaterally increase the interest (a) Can Aling Voling successfully obtain court relief
rates on the loan? (2.5%) to prohibit Aling Yasmin from using the brand
name "Ysmaellas" in her products on the basis of
(b) Is YBC Bank a mortgagee buyer in good faith? Is her (Aling Yoling's) copyright? What is the
it preferred over Mr. Yamsuan? (2.5%) difference between registration as a copyright and
registration as a trade or brand name? (2.5%)
XVIII
Through various acts of graft and bribery, Mayor
Ycasiano accumulated a large amount of wealth
which he converted into U.S. dollars and deposited
in a Foreign Currency Deposit Unit (FCDU) account
with the Yuen Bank (YB). On a tip given by the
secretary of the mayor, the Anti-Money
Laundering Council (AMLC) sent an order to YB to
confirm the amount of U.S. dollars that Mayor
Ycasiano had in his FCDU account. YB claims that,
under the Foreign Currency Deposit Act (R.A. No.
6426, as amended), a written permission from the
depositor is the only instance allowed for the
examination of FCDU accounts. YB alleges that
AMLC on its own cannot order a banking
perished in the same plane accident. Sidley and
Sonia met when the families of those who died
sued the airlines and went through grief-
counseling sessions. Years later, Sidley and Sonia
got married. At that time, Solenn was four (4)
years old and Sonny was five (5) years old. These
two (2) were then brought up in the same
household. Fifteen (15) years later, Solenn and
Sonny developed romantic feelings towards each
other, and eventually eloped. On their own and
against their parents' wishes, they procured a
marriage license and got married in church.
II
After finding out that his girlfriend Sandy was four
(4) months pregnant, Sancho married Sandy. Both
were single and had never been in any serious
relationship in the past. Prior to the marriage, they
agreed in a marriage settlement that the regime of
conjugal partnership of gains shall govern their
property relations during marriage. Shortly after
the marriage, their daughter, Shalimar, was born.
Before they met and got married, Sancho
purchased a parcel of land on installment, under a
Contract of Sale, with the full purchase price
payable in equal annual amortizations over a
period of ten (10) years, with no down payment,
and secured by a mortgage on the land. The full
purchase price was PhP1 million, with interest at
the rate of 6% per annum. After paying the fourth
(4th) annual installment, Sancho and Sandy got
married, and Sancho completed the payments in
the subsequent years from his salary as an
accountant. The previous payments were also paid
out of his salary. During their marriage, Sandy also
won PhP1 million in the lottery and used it to
purchase jewelry. When things didn't work out for
the couple, they filed an action for declaration of
nullity of their marriage based on the psychological
incapacity of both of them. When the petition was
granted, the parcel of land and the jewelry bought
CIVIL LAW (2018) by Sandy were found to be the only properties of
the couple.
VI
Sammy and Santi are cousins who separately Sofronio's father, Salumbides, knew of Sabrina and
inherited two (2) adjoining lots from their Sinforoso. For the purpose of providing support to
grandfather. Sammy is based overseas but wants Sinforoso, Salumbides gave Sabrina usufructruary ·
to earn income from his inherited land, so he rights over one of his properties - a house and lot -
asked a local contractor to build a row of to last until Sinforoso reaches the age of majority.
apartments on his property which he could rent Sabrina was given possession of the property on
out. The contractor sent him the plans and Sammy the basis of caucion juratoria. Two (2) years after
noticed that the construction encroached on a part the creation of the usufruct, the house accidentally
of Santi's land but he said nothing and gave burned down, and three (3) years thereafter,
approval to construct based on the plans Sinforoso died before he could reach the age of 18.
submitted by the local contractor. Santi, based
locally, and who loved his cousin dearly, did not Will the usufruct continue after the house has
object even if he knew of the encroachment since burned down? If yes, will it continue after
he was privy to the plans and visited the property Sinforoso's death? (2.5%)
regularly. Later, the cousins had a falling out and
Santi demanded that the portion of the
apartments that encroached on his land be IX
demolished. Newlyweds Sam and Sienna had contracted with
Sangria Hotel for their wedding reception. The
Can Santi successfully file legal action to require couple was so unhappy with the service, claiming,
the demolition? (5%) among other things, that there was an
unreasonable delay in the service of dinner and
that certain items promised were unavailable. The
VII hotel claims that, while there was a delay in the
Sydney, during her lifetime, was a successful service of the meals, the same was occasioned by
lawyer. By her own choice, she remained the sudden increase of guests to 450 from the
unmarried and devoted all her time to taking care guaranteed expected number of 350, as stated in
of her nephew and two (2) nieces: Socrates, the Banquet and Meeting Services Contract. In the
Saffinia, and Sophia. She wrote a will giving all her action for damages for breach of contract
properties remaining upon her death to the three instituted by the couple, they claimed that the
(3) of them. The will was admitted to probate Banquet and Meeting Services Contract was a
during her lifetime. Later, she decided to make a contract of adhesion since they only provided the
new will giving all her remaining properties only to number of guests and chose the menu. On the
the two (2) girls, Saffinia and Sophia. She then tore other hand, the hotel's defense was that the
up the previously probated will. The second will proximate cause of the complainant's injury was
was presented for probate only after her death. the unexpected increase in their guests, and this
However, the probate court found the second will was what set the chain of events that resulted in
to be void for failure to comply with formal the alleged inconveniences.
requirements.
(a) Does the doctrine of proximate cause apply in
(a) Will the doctrine of dependent relative this case? (2.5%)
revocation apply? (2.5%)
(b) Was the Banquet and Meeting Services
(b) Will your answer be the same if the second will Contract a contract of adhesion? If yes, is the
was found to be valid but both Saffinia and Sophia contract void? (2.5%)
renounce their inheritance? (2.5%)
VIII
Sofronio was a married father of two when he had X
a brief fling with Sabrina, resulting in her Sinclair and Steffi had an illicit relationship while
pregnancy and the birth of their son Sinforoso. Sinclair was married to another. The relationship
Though his wife knew nothing of the affair, produced a daughter Sabina, who grew up with
Sofronio regretted it, but secretly provided child her mother. For most parts of Sabina's youth, Steffi
support for Sinforoso. Unfortunately, when spent for her support and education. When Sabina
Sinforoso was 10 years old, Sofronio died. Only was 21 years old, Sinclair's wife of many years
died. Sinclair and Steffi lost no time in legitimizing discovered a scam wherein the funds in the
their relationship. After the 40-day prayers for account of another depositor in the bank was
Sinclair's late wife, Sinclair and Steffi got married withdrawn by an impostor. Shanghainese Bank
without a marriage license, claiming that they have suspected Saachi to be. the impostor, and filed a
been cohabiting for the last 20 years. criminal case of estafa against him. While the case
After graduating from college, Sabina decided to was still pending with the Prosecutor's office, the
enroll in law school. Sinclair said that he was not bank took over Saachi's savings deposit on the
willing to pay for her school fees since she was no basis of the Holdout Agreement.
longer a minor. Sinclair claimed that, if Sabina
wanted to be a lawyer, she had to work and spend (a) What kind of contract is created when a
for her law education. depositor opens a deposit account with a bank?
(2.5%)
(a) What is Sabina's filiation status? (2.5%)
(b) In this case, did the bank have the right to take
(b) Is Sinclair legally required to finance Sabina's over Saachi's bank deposit? (2.5%)
law education? (2.5%)
XIV
XI Socorro is the registered owner of Lot A while
Samantha sold all her business interest in a sole Segunda is the registered owner of the adjoining
proprietorship to Sergio for the amount of PhP1 Lot B. Lot A is located at an elevated plateau of
million. Under the sale agreement, Samantha was about 15 feet above the level of Lot B. Since
supposed to pay for all prior unpaid utility bills Socorro was allegedly removing portions of the
incurred by the sole proprietorship. A month after land and cement that supported the adjoining
the Contract to Sell was executed, Samantha still property, Segunda caused the annotation of an
had not paid the PhP50,000 electricity bills adverse claim against 50 sq. m. on Lot A's Transfer
incurred prior to the sale. Since Sergio could not Certificate of Title, asserting the existence of a
operate the business without electricity and the legal easement.
utility company refused to restore electricity
services unless the unpaid bills were settled in full, (a) Does a legal easement in fact exist? If so, what
Sergio had to pay the unpaid electricity bills. When kind? (2.5%)
the date for payment arrived, Sergio only tendered
PhP950,000 representing the full purchase price, (b) If a legal easement does in fact exist, is an
less the amount he paid for the unpaid utility bills. annotation of an adverse claim on the title of the
Samantha refused to accept the tender on the servient estate proper? (2.5%)
ground that she was the one supposed to pay the
bills and Sergio did not have authorization to pay
on her behalf. XV
Simon owned a townhouse that he rented out to
(a) What is the effect of payment made by Sergio Shannon, a flight attendant with Soleil Philippine
without the knowledge and consent of Samantha? Airlines (SPA). They had no written contract but
(2.5%) merely agreed on a three (3)-year lease. Shannon
had been using the townhouse as her base in
(b) Is Samantha guilty of mora accipiendi? (2.5%) Manila and had been paying rentals for more than
a year when she accepted a better job offer from
Sing Airlines. This meant that Singapore was going
XII to be her new base and so she decided, without
Saachi opened a savings bank account with informing Simon, to sublease the townhouse to
Shanghainese Bank. He made an initial deposit of Sylvia, an office clerk in SPA.
PhP100,000. Part of the bank opening forms that
he was required to sign when he opened the (a) Can Simon compel Shannon to reduce the lease
account was a Holdout Agreement which provided agreement into writing? (2.5%)
that, should he incur any liability or obligation to
the bank, the bank shall have the right to (b) Does the sublease without Simon's knowledge
immediately and automatically take over his and consent constitute a ground for terminating
savings account deposit. After he opened his the lease? (2.5%)
deposit account, the Shanghainese Bank
Siam Airlines (SMA). The contract of air
XVI transportation was between Shasha and SAL, with
Selena was a single 18-year old when she got the latter endorsing to SMA the Hanoi-Manila
pregnant and gave birth to Suri. She then left to segment of the journey. All her flights were
work as a caregiver in Canada, leaving Suri with confirmed by SAL before she left Manila. Shasha
her parents in the Philippines. Selena, now 34 took the flight from Manila to Bangkok on board
years old and a permanent resident in Canada, SAL using the ticket. When she arrived in Bangkok,
met and married Sam who is a 24-year old she went to the SAL ticket counter and confirmed
Canadian citizen who works as a movie star in her return trip from Hanoi to Manila on board SMA
Canada. Sam's parents are of Filipino ancestry but Flight No. SA 888. On the date of her return trip,
had become Canadian citizens before Sam was she checked in for SMA Flight No. SA 888, boarded
born. Wanting Suri to have all the advantages of a the plane, and before she could even settle in on
legitimate child, Selena and Sam decided to adopt her assigned seat, she was off-loaded and treated
her. Sam's parents, already opposed to the rudely by the crew. She lost her luggage and
marriage of their son to someone significantly missed an important business meeting. She
older, vehemently objected to the adoption. They thereafter filed a complaint solely against SAL and
argued that Sam was not old enough and that the argued that it was solidarily liable with SMA for the
requisite age gap required by the Inter-Country damages she suffered since the latter was only an
Adoption Act between Sam as adopter and Suri as agent of the former.
adoptee was not met.
(a) Should either, or both, SAL and SMA be held
Are Sam's parents correct? (2.5%) liable for damages that Shasha suffered? (2.5%)
II
Kronge Konsult, Inc. (KKI) is a Philippine
corporation engaged in architectural design,
engineering, and construction work. Its principal
office is located in Makati City, but it has various
infrastructure projects in the country and abroad.
Thus, KKI employs both local and foreign workers.
The company has adopted a policy that the
employees' salaries are paid in the currency of the
country where they are assigned or detailed.
XI XIV
Koko's primary source of income is his The City of Kabankalan issued a notice of
employment with the government. He earns extra assessment against KKK, Inc. for deficiency real
from the land he inherited from his parents, and property taxes for the taxable years 2013 to 2017
which land he has been leasing to a private, non- in the amount of PhP 20 million. KKK paid the taxes
stock, non-profit school since 2005. under protest and instituted a complaint entitled
"Recovery of Illegally and/or Erroneously-Collected
Last January, the school offered to buy the land Local Business Tax, Prohibition with Prayer to Issue
from Koko for an amount equivalent to its zonal TRO and Writ of Preliminary Injunction" with the
value plus 15% of such zonal value. Koko agreed RTC of Negros Occidental.
but required the school to pay, in addition to the
purchase price, the 12% VAT. The school refused The RTC denied the application for TRO. Its motion
Koko's proposal to pass on the VAT contending for reconsideration having been denied as well,
KKK filed a petition for certiorari with the Court of ejectment case. At any rate, Kurt claimed that it
Appeals (CA) assailing the denial of the TRO. should be Kaka who should be made liable for the
realty taxes since it was Kaka who possessed the
Will the petition prosper? (5%) property throughout 2016.
Kurt objected, arguing that the delinquent realty When Kalookan City denied the protest, Kil
taxes were never raised as an issue in the engaged the services of Atty. Kristeta Kabuyao to
file the necessary judicial proceedings to appeal (a) Can the CTA act on KKl's appeal? (2.5%)
the decision of Kalookan City. Atty. Kabuyao is a
legal expert, but resides in Kalibo, Aklan where her (b) Will your answer be the same if KKI filed its
husband operates a resort. She, however, appeal on March 20, 2011 and CIR had not yet
practices in Metro Manila, including Kalookan City. acted on its claim? (2.5%)
The counsel representing the city, in the case filed
in Kalookan City by KII, questioned the use of Atty. LABOR LAW (2018)
Kabuyao's Professional Tax Receipt (PTR) issued in
Aklan for a case filed in Kalookan City.
I.
(a) Is Kll's contention that Kalookan City can only Narciso filed a complaint against Norte University
collect local business taxes based on sales for the payment of retirement benefits after
consummated in the principal office meritorious? having been a part-time professional lecturer in
(2.5%)' the same school since 1974. Narciso taught for two
semesters and a summer term for the school year
(b) Is the Kalookan City counsel correct in saying 1974-1975, took a leave of absence from 1975 to
that Atty. Kabuyao's PTR issued in Aklan cannot be 1977, and resumed teaching until 2003. Since
used in Kalookan? (2.5%) then, his contract has been renewed at the start of
every semester and summer, until November 2005
when he was told that he could no longer teach
XIX because he was already 75 years old. Norte
The BIR assessed Kosco, Inc., an importer of food University also denied Narciso's claim for
products, deficiency income and value-added retirement benefits stating that only full-time
taxes, plus 50% surcharge after determining that permanent faculty, who have served for at least
Kosco, Inc. had under-declared its sales by an five years immediately preceding the termination
amount exceeding 30% of that declared in its of their employment, can avail themselves of post-
income tax and VAT returns. Kosco, Inc. denied the employment benefits. As part-time faculty
alleged under-declaration, protested the member, Narciso did not acquire permanent
deficiency assessment for income and value-added employment status under the Manual of
taxes and challenged the imposition of the 50% Regulations for Private Schools, in relation to the
surcharge on the ground that the surcharge may Labor Code, regardless of his length of service.
only be imposed if Kosco, Inc. fails to pay the
deficiency taxes within the time prescribed for (a) Is Narciso entitled to retirement benefits?
their payment in the notice of assessment. (2.5%)
(a) Is the imposition of the 50% surcharge proper?
(2.5%) (b) If he is entitled to retirement benefits, how
should retirement pay be computed in the absence
(b) If your answer to {a) is yes, may Kosco, Inc. of any contract between him and Norte University
enter into a compromise with the BIR for reduction providing for such benefits? (2.5%)
of the amount of surcharge to be paid? (2.5%)
II
XX Nayon Federation issued a charter certificate
Krisp Kleen, Inc. (KKI) is a corporation engaged in creating a rank-and-file Neuman Employees Union.
the manufacturing and processing of steel and its On the same day, New Neuman Employees Union
by-products. It is both registered with the Board of filed a petition for certification election with the
Investments with a pioneer status, and with the Department of Labor and Employment (DOLE)
BIR as a VAT entity. On October 10, 2010, it filed a Regional Office, attaching the appropriate charter
claim for refund/credit of input VAT for the period certificate.
January 1 to March 31, 2009 before the
Commissioner of Internal Revenue (CIR). On a) The employer, Neuman Corporation, filed a
February 1, 2011, as the CIR had not yet made any motion to dismiss the petition for lack of legal
ruling on its claim for refund/credit, KKI, fearful personality on the part of the petitioner union.
that its period to appeal to the courts might Should the motion be granted? (2.5%)
prescribe, filed an appeal with the Court of Tax
Appeals (CTA). b) The employer likewise filed a petition for
cancellation of union registration against New
Neuman Employees Union, alleging that Nayon
Federation already had a chartered local rank-and-
file union, Neuman Employees Union, pertaining to V
the same bargaining unit within the establishment. Nelda worked as a chambermaid in Hotel
Should the petition for cancellation prosper? Neverland with a basic wage of PhP560.00 for an
(2.5%) eight-hour workday. On Good Friday, she worked
for one (1) hour from 10:00 PM to 11:00 PM. Her
employer paid her only PhP480.00 for each 8-hour
III workday, and PhP70.00 for the work done on
Due to his employer's dire financial situation, Good Friday. She sued for underpayment of wages
Nicanor was prevailed upon by his employer to and non-payment of holiday pay and night shift
voluntarily resign. In exchange, he demanded differential pay for working on a Good Friday.
payment of salary differentials, 13th month pay, Hotel Neverland denied the alleged
and financial assistance, as promised by his underpayment, arguing that based on long-
employer. Management promised to pay him as standing unwritten tradition, food and lodging
soon as it is able to pay off all was attack. costs were partially shouldered by the employer
retrenched able His to rank-and-file widow, pay and partially paid for by the employee through
Nicanor Norie, employees. the filed amount a salary deduction. According to the employer, such
money Five promised claim years against to later, valid deduction caused the payment of Nelda's
him, and the Nicanor company before died wage to be below the prescribed minimum. The
management before the National Labor Relations hotel also claimed that she was not entitled to
Commission (NLRC), including interest on the holiday pay and night shift differential pay because
amount of the unpaid claim. She also claimed hotel workers have to work on holidays and may
additional damages arguing that the supposed be assigned to work at night.
resignation letter was obtained from her spouse
through undue pressure and influence. The (a) Does the hotel have valid legal grounds to
employer filed a motion to dismiss on the ground deduct food and lodging costs from Nelda's basic
that (A) the NLRC did not have jurisdiction over salary? (2.5%)
money claims, and (8) the action has prescribed.
(b) Applying labor standards law, how much should
(a) Does the NLRC have jurisdiction to award Nelda be paid for work done on Good Friday?
money claims including interest on the amount Show the computation in your test booklet and
unpaid? (2.5%) encircle your final answer. (2.5%)
XIX
President Alfredo died during his third year in
office. In accordance with the Constitution, Vice
President Anastasia succeeded him. President
Anastasia then nominated the late President
Alfredo's Executive Secretary, Anna Maria, as her
replacement as Vice President. The nomination
was confirmed by a majority of all the Members of
the House of Representatives and the Senate,
voting separately.
XX
Andreas and Aristotle are foreign nationals
working with the Asian Development Bank (ADS) in