Maria's friendship with Atty.
Evangeline
LEGAL ETHICS (2015)
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 turn 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 Pl1,000.00 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.
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%)
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%)
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 P3,500,000.00 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 P200,000.00 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 resetting 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. (3%)
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%)
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 P2,000,000.00. 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.
(3%)
XXIII.
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.
decision when she read the text of the case from
her copy of the Philippine 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%)

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

REMEDIAL LAW (2015)
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
P500,000.00.
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 P300,000.00 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? (3%)
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 cosignatories 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
of R.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 as 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 P1 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 Pl 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 if he 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. PO1 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 VA WC Law) for physical
violence and five separate informations for
violation of R.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 P20,000.00.  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
P20,000.00.
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 P10 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%)
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.) 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%)
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%)

XVIII.
The residents of Mt. Ahohoy, headed by Masigasig,
formed a nongovernmental 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

CRIMINAL LAW (2015)
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%)
III.
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 of 2002.
a) What defense, if any, may Ernilo invoke to free
himself from criminal liability? Explain. (2.5%)
b) May Rado adopt as his own Ernilo'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 of Nel, 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.
Dora 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 necessary documents. Dela collected
P120,000.00 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 P10,000.00 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.
(2.5%)
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%)

XXI.
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 cd. 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 rule and why? (3%)


MERCANTILE LAW (2015)
I.
A. Nadine has a checking account with Fair &
Square Bank. One day, she lost her checkbook and
the finder was able to forge her signature and
encash the forged check. Will Nadine be able to
recover the amount debited from her checking
account from Fair & Square Bank? Justify your
answer. (3%)
B. Is a manager's check as good as cash? Why or
why not? (2%)
C. When can you treat a bill of exchange as a
promissory note? (3%)
II.
A. Novette entered into a contract for the
purchase of certain office supplies. The goods were
shipped. While in transit, the goods were insured
by Novette. Does she have an insurable interest
over the goods even before delivery of the same to
her? Explain. (2%)
B. Will an insurance policy be binding even if the
premium is unpaid? What if it were partially paid?
(3%)
III.
A. Discuss the three-fold character of a bill of
lading. (3%)
B. What is a "Jason clause" in a charter party? (2%)
C. Are common carriers liable for injuries to
passengers even if they have observed ordinary
diligence and care? Explain. (2%)
IV.
A. Maine Den, Inc. opened an irrevocable letter of
credit with Fair Bank, in connection with Maine
Den, Inc.' s importation of spare parts for its textile
mills. The imported parts were released to Maine
Den, Inc. after it executed a trust receipt in favor
of Fair Bank. When Maine Den, Inc. was unable to
pay its obligation under the trust receipt, Fair Bank
sued Maine Den, Inc. for estafa under the Trust
Receipts Law. The court, however, dismissed the
suit. Was the dismissal justified? Why or why not?
(3%)
B. Does the rule "res perit domino" apply in trust
receipt transactions? Explain. (2%)
V.
A. A standby letter of credit was issued by ABC
Bank to secure the obligation of X Company to Y
Company. Under the standby letter of credit, if
there is failure on the part of X Company to
perform its obligation, then Y Company will submit
to ABC Bank a certificate of default (in the form
prescribed under the standby letter of credit) and
ABC Bank will have to pay Y Company the
defaulted amount. Subsequently, Y Company
submitted to ABC Bank a certificate of default
notwithstanding the fact that X Company was not
in default. Can ABC Bank refuse to honor the
certificate of default? Explain. (3%)
B. Is the Uniform Customs and Practice for
Documentary Credits of the International Chamber
of Commerce applicable to commercial letters of
credit issued by a domestic bank even if not
expressly mentioned in such letters of credit?
What is the basis for your answer? (3%)
VI.
A. DEF Corporation has retained surplus profits in
excess of 100% of its paid-in capital stock.
However, it is unable to declare dividends,
because it had entered into a loan agreement with
a certain creditor wherein the declaration of
dividends is not allowed without the consent of
such creditor. If DEF Corporation cannot obtain
this consent, will it be justified in not declaring
dividends to its stockholders? Explain. (3%)
B. What is "watered stock" and what is the legal
consequence of the issuance of such stock? (3%)
VII.
A. A foreign company has been exporting goods to
a Philippine company for several years now. When
the Philippine company failed to pay the latest
exportation, the foreign company sued to collect
in the Philippines. The Philippine company
interposed the defense that the foreign company
was doing business in the Philippines without a
license; hence, could not sue before a Philippine
court. Is this defense tenable? Explain your
answer. (3%)
B. Define:
1. Doctrine of apparent authority (2%)
2. Trust fund doctrine (2%)
VIII.
Barn filed an action to enjoin SN Company's Board
of Directors from selling a parcel of land registered
in the corporation's name, to compel the
corporation to recognize Barn as a stockholder
with 50 shares, to allow him to inspect the
corporate books, and to claim damages against the
corporation and its officers. Subsequently, the
corporation and the individual defendants moved
to dismiss the complaint since the corporation's
certificate of registration was revoked by the SEC
during the pendency of Barn's case on the ground
of non-compliance with reportorial requirements.
The special commercial court granted the motion
and reasoned that only an action for liquidation of
assets can be maintained when a corporation has
been dissolved and Barn cannot seek reliefs which
in effect lead to the continuation of the
corporation's business. The court also ruled that it
lost jurisdiction over the intra-corporate
controversy upon the dissolution of the
corporation.
a.) Was the court correct? (3%)
b.) Four years later, SN Company files an action
against Barn to recover corporate assets allegedly
held by the latter for liquidation. Will this action
prosper? (3%)
IX.
A. Able Corporation sold securities to 21 non-
qualified buyers during a 15-month period,
without registering the securities with the
Securities and Exchange Commission. Did Able
Corporation violate the Securities Regulation
Code? Explain. (2%)
B. Securities issued by the Philippine government
are "exempt securities" and, therefore, need not
be registered with the Securities and Exchange
Commission prior to their sale or offering to the
public in the Philippines. What is the rationale
behind this exemption? (2%)
C. Why is the Securities Regulation Code called a
"truth in securities law"? (2%)
X.
Mr. and Mrs. Reyes invested their hard-earned
savings in securities issued by LEAD Bank. After
discovering that the securities sold to them were
not registered with the SEC in violation of the
Securities Regulation Code, the spouses Reyes filed
a complaint for nullity of contract and for recovery
of a sum of money with the RTC. LEAD Bank
moved to dismiss the case on the ground that it is
the SEC that has primary jurisdiction over actions
involving violations of the Securities Regulation
Code. If you were the judge, how would you rule
on the motion to dismiss? (3%)
XI.
A. Why is the Bangko Sentral ng Pilipinas
considered a lender of last resort? (2%)
B. Distinguish a conservator from a receiver of a
bank. (2%)
C. What is insider trading? (2%)
XII.
A. Raymond invested his money in securities
issued by the Philippine government, through his
bank. Subsequently, the Bureau of Internal
Revenue asked his bank to disclose his
investments. His bank refused the request for
disclosure on the ground that the investments are
confidential under the Secrecy of Bank Deposits
Law (Republic Act No. 1405, as amended). Is the
bank's refusal justified? Defend your answer. (2%)
B. First Bank received an order of garnishment
over a client's peso and dollar deposits in First
Bank. Should First Bank comply with that order?
Explain. (3%)
XIII.
A. A commercial bank wants to acquire shares in a
cement manufacturing company. Do you think it
can do that? Why or why not? (2%)
B. A court found the interest charged by a bank as
excessive and unconscionable and struck down the
contractual stipulation on interest. If you were the
judge, what would you impose as the applicable
interest rate? State your legal basis. (2%)
C. What is the single borrower's limit? (2%)
Decide the case. (4%)
XVI.
A. On the anti-money laundering laws:
1. What is the distinction between a "covered
transaction report" and a "suspicious transaction
report"? (2%)
2. Does the Anti-Money Laundering Council have
the authority to freeze deposits? Explain. (2%)
B. On foreign investments:
1. A foreign company has a distributor in the
Philippines. The latter acts in his own name and
account. Will this distributorship be considered as
doing business by the foreign company in the
Philippines? (3%)
2. ABC Corporation was organized in Malaysia but
has a branch in the Philippines. It is entirely owned
by Filipino citizens. Can you consider ABC
Corporation a Philippine national? (2%)

XIV.
A. Differentiate trademark, copyright and patent
from each other. (6%)

B. What is the doctrine of equivalents? (2%)

C. In what ways would a case for infringement of

trademark be different from a case for unfair
competition? (3%)

XV.
CHEN, Inc., a Taiwanese company, is a
manufacturer of tires with the mark Light Year.
From 2009 to 2014, Clark Enterprises, a Philippine
registered corporation, imported tires from CHEN,
Inc. under several sales contracts and sold them
here in the Philippines. In 2015, CHEN, Inc. filed a
trademark application with the Intellectual
Property Office (IPO) for the mark Light Year to be
used for tires. The IPO issued CHEN, Inc. a
certificate of registration (COR) for said mark. Clark
Enterprises sought the cancellation of the COR and
claimed it had a better right to register the mark
Light Year. CHEN, Inc. asserted that it was the
owner of the mark and Clark Enterprises was a
mere distributor. Clark Enterprises argued that
there was no evidence on record that the tires it
imported from CHEN, Inc. bore the mark Light Year
and Clark Enterprises was able to prove that it was
the first to use the mark here in the Philippines.

I. CIVIL LAW (2015)
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.
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 1/2 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? (2%)
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
8th 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
P250,000.00 as her share in the debt? Explain with
legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00
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
P50,000.00 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.
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 P50,000.00 from Julia and orally
promised to pay it within six months. When Sara
tried to pay her debt on the 8th 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 P1 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 P1 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. (2%)
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%)
TAXATION LAW (2015)
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 nonresident 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%)
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 the
tax treatment of the cash dividends received from
BBB, Inc. by the following stockholders:
a) A resident citizen (1%)
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 (1%)
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 CT A division dismissing
its Petition. CCC, Inc. immediately filed a Petition
for Review with the CT A en banc  on August 6,
2015. Is the immediate appeal by CCC, Inc. to the
CTA en banc 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 of EEE, 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 of FFF, 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 of FFF, 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.
(1%)
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 minim is 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 HHH
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 P1,000,000.00; 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 of LLL 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 of LLL 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? (2%)
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? (4%)

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.
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 of MMM, Inc. (3%)

a. Is there a ground for opposing said ordinance?
(2%)
b. What is the proper procedural remedy and
applicable time periods for challenging the
ordinance? (4%)
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%)
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 (2%)
b. Medical expenses (2%)

XXI.
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 of Revenue
Regulations (RR) No. 7-95. On appeal, the CTA
division and the CT A en bane  affirmed the BIR
ruling.

I LABOR LAW (2015)
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
20% 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 objection justified? 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? Why or why not? (2%)
(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
strike 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? (2%)
(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 of
XYZ 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?
(3%)
(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%)
XXII
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 discovered 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
POLITICAL LAW (2015)
be unlawful? (2%)
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 UN CLOS 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. (4%)
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 of jus
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 reappointment 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 GBTY A espouses immorality which
offends religious dogmas. GBTY A challenges the
denial of its application based on moral grounds
because it violates its right to equal protection of
the law.
(1) 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. (5%)
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%)
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 (PHILHEALTH). 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%)

XXI.
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