I.

Define/Interpret the following concepts/ legal maxims accordingly:

3 points each
a. Statutory Construction
b. Law
c. Actus Non Facit Reum Nisi Mens Sit Rea
d. Generalia Specialibus Non Derogant
e. Lex Prospicit, Non Respicit
f. Ratio Legis Est Anima
g. Dura Lex Sed Lex
h. Ignorantia Legis Non Excusat
i. Cassus Omissus
j. Ejusdem Generis
k. Ignorantia Facto Excusat
l. Nulla Poena Sine Lege
II.
Multiple Choice; Write the letter and whole answer (3 points each)

- Which one of the following is a non-self-executing provision of the

Constitution:

a. no law shall be passed abridging the freedom of speech;

b. no law shall be made respecting an establishment of religion;
c. no person shall be held to answer for a criminal offense without
due process of law;
d. the state shall encourage and support researches and studies on
the arts and culture

- The constitutional provision on initiative and referendum is not self-

executory. This is so because it requires:

a. an implementing resolution from the COMELEC;

b. an implementing resolution from the Supreme Court;
 c. an implementing legislation;
d. an implementing resolution from the party-list representative of the
House of Representatives.

III.

What is the condition sine qua non before the courts can construe a statute?
(3pts)

IV.
Jannie Zins, an American tourist, is convicted of the crimes of serious illegal
detention and four counts of rape. The victim is a nine year old girl. With this
conviction, the Court of Tabuknon City awarded moral damages in favor of the
victim. However, the bank where Zins deposited his foreign currency deposit
account was refuse to honor by Central Bank for writ of attachment, invoking
Section 8 of RA 6426, as amended, which provides in part that:

“..foreign currency deposits shall be exempt from attachment, garnishment, or any

other order or process of any court, legislative body, government agency or any
administrative body whatsoever.”

Can the dollar bank deposit in a Philippine bank of a foreign tourist be

attached to satisfy the moral damages awarded in favor of the victim? Why?
(5 pts)

V.

XXX was charged by ZZZ for the crime of Libel committed through a computer
system and other similar means, or Online Libel, as defined and penalized
under Section 4(c) (4) of Republic Act No. (RA) 10175.
The RTC found XXX guilty beyond reasonable doubt for the said crime and
imposed a fine in the amount of 50,000.00 pesos on the basis of Article 355 of
the Revised Penal Code, to wit:
Art. 355. Libel by means of writings or similar means. – A libel committed by means
of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means, shall be punished
by prisión correccional in its minimum and medium periods or a fine ranging from
Forty thousand pesos (P40,000) to One million two hundred thousand pesos
(P1,200,000), or both, in addition to the civil action which may be brought by the
offended party
XXX did not appeal the conviction and just paid the imposed fine.
On the other hand, ZZZ filed a petition for certiorari with the CA contending
that the RTC committed grave abuse of discretion in imposing a penalty of fine
only for violation of Online Libel. Citing Section 6 of RA 10175, ZZZ argued
that when crimes punishable under the Revised Penal Code (RPC), such as
libel, are committed with the use of information and communication
technologies, the penalty shall be one (1) degree higher than that provided in
the RPC. Thus, ZZZ argued that the RTC should have imposed the penalty
of prision correccional in its maximum period to prision mayor in its minimum
period instead of a fine only.

Is ZZZ correct? (5 points)

VI
Senator Ivana Alawi authored a Bill. During the First Reading, it was read by
the proponent “Senate Bill No. 123 Prohibiting Discrimination on the Basis of
Sexual Orientation and Gender Identity or Expression (Sogie) and Same Sex
Marriage”. After the 2nd and 3rd reading on separate dates. It was forwarded to
the House of Representatives. If you are one of the members of the House of
Representatives, how will question the passed bill? (5 points)

VII
On the night of January 1, 2022, at about 10 o'clock, Boyong, who had
received for the night, was suddenly awakened by someone trying to force to
open the door of the room. He sat up in bed and called out twice, "Who is
there?" He heard no answer and was convinced by the noise at the door that it
was being pushed open by someone bent upon forcing his way into the room.
Due to the heavy growth of vines along the front of the porch, the room was
very dark. Boyong still feared that the intruder was a robber or a thief, leaped
to his feet and called out. "If you enter the room, I will kill you." He asked
again, “Who is there?” XXX answered “Gago, si XXX to! Dormmate mo,
buksan mo ang pinto at gusto ko ng matulog!” Despite recognizing his voice
and knowing that it was XXX knocking on the door, Boyong seized a common
kitchen knife which he kept under his pillow and struck out wildly XXX. XXX
ran out upon the porch and fell down on the steps in a desperately wounded
condition, followed by Boyong, who immediately sent him to the hospital but
resulted to XXX’s instantaneous death. Boyong was charged for the crime of
Murder but assailed that it was a mistake of fact and therefor he cannot be
convicted for the crime charged. Decide (5 points)

VIII
What are the Constitutional Tests in the Passage of the Bill? (5 pts)

IX
What is the rule when the word or phrase is repeatedly used in a statute? (5
points)
X.

XXX filed an action for Mandamus directing the Congress to pass a law
authorizing the President BBM to impose and fix tariff rates for oil trade. In his
petition he cited Section 28 Article VI of the 1987 Philippines Constitution
which express
“The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitation and restrictions as it may impose tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties
or impose within the framework of the national development program of the
Government.”
 XXX further argued that said Constitutional provision is mandatory in nature
and must be executed by the Congress by passing a law. Is X’s petition
correct? (5 points)

XI
Discuss the quantum of proof in Civil, Labor, Administrative and Criminal
Proceedings? (5 points)

XII
Kath and Niel filed for illegal dismissal againt ABS Corp before the NLRC. Both
parties submitted testimonial evidence in support of their respective positions
on the existence of the employer-employee relationship. Kath and Niel
submitted testimonies from their co-workers detailing: (1) their daily wages for
their required hours of work; (2) respondents' constant supervision of their
workers during work hours; and (3) the possibility of dismissal from work for
failing to serve three consecutive work days. On the other hand, respondent
ABS Corp submitted the testimonies of their "former and current clients,", and
several local government officials, who all testified that petitioners "only
share[d] in the proceeds as stakeholders of the Corporation" and were not
engaged as employees.
Both parties eventually offered the same type of evidence in support of their
respective claims. Respondents' controverting testimonial evidence, sourced
from a "clients a and several local government officials, is of equal weight with
petitioners' evidence, at best. Decide. (5 points)

XIII
Differentiate Repeal and Amendment (5 points)

XIV
Differentiate the Statutory Construction in Adoption and Probation Statutes (5
points)