POLITICAL LAW PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.

Explain your answer in not more than two (2) sentences. (5%) a. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang Hinirang," is constitutional. b. Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. c. A law that makes military service for women merely voluntary is constitutional. d. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional. e. An educational institution 100% foreign-owned may be validly established in the Philippines. II Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy. a. Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%) b. If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%) c. If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%) III The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people's money. Is the disapproval of the ordinance correct? Explain your answer. (2%) IV The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. (3%) V To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. a. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. (2%) b. If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%) VI In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%) VII Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court. During the trial, the accused: a. challenged the validity of his arrest; (2%) and b. objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure. (2%) Decide with reasons. VIII Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments: a. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office; thus, the legislative inquiry would preempt judicial action; (3%) and b. Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against self-incrimination. (3%) Are the foregoing arguments tenable? Reasons. c. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not? (3%) IX Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.

While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225. a. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%) b. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%) c. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. (3%) X Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service. Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision. a. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. (2%) b. If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (3%) PART II XI TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. Aliens are absolutely prohibited from owning private lands in the Philippines. b. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds. c. The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations. d. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. e. Dual citizenship is not the same as dual allegiance. XII William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation. William protested his arrest. a. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer. (3%) b. He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not? (3%) c. If William applies for bail, claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons. (3%) XIII A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it. The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself. Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines. a. Was the Philippine action justified under the international law principle of "self-defense"? Explain your answer. (3%) b. As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons. (3%) c. Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. (3%) XIV The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern. a. Decide with reasons. (3%) b. Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) XV The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except "newsreels" and programs "by the Government", and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order.

a. Evasion of Service of Sentence. when mixed with Brad¶s food. is a Division Chief in the Department of Science and Technology. isauli mo kaagad. a married woman. (2%) Resolve the foregoing issues. the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. Ponciano killed Freddie. If FCC hires you as lawyer. because the latter was assiduously courting Lily. While serving sentence. Brad. Antero applied for and was granted the benefit of the amnesty proclamation. Jenny. Would your answer be the same if the reason for the attack was that when Judge Lorenzo was still a practicing lawyer ten years ago. a relative of Ruben. if any. pagkabaril mo kay Freddie. (4%) III Rigoberto gate-crashed the 71st birthday party of Judge Lorenzo. a. what defense or defenses would you set up in order to resist the expropriation of the property? Explain.000-square meter lot in Pasig City. who was killed by Ponciano using Ruben¶s gun? Explain. old dog. on the occasion of a robbery. If the Court grants the City's prayer for expropriation. and after ingesting it with his food. Suppose the expropriation succeeds. not her husband. Jenny filed suit in court. and one year thereafter. had cited Rigoberto in contempt and ordered his imprisonment for three (3) days. can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) XVIII What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. While Memorandum Circular No. A person who. Meanwhile. Angelina. If you were to judge this case. for the last fifteen (15) years. As members of the religious sect. on January 2. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression. convicted of homicide. Would your answer be the same if Brad proved to be allergic to the powder. but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Dominador witnessed the entire incident. Actually. but used a knife because he did not want Freddie¶s neighbors to hear the gunshot. is a recidivist. why not? (3%) b. As judge. without a judicial order. or FALSE if the statement is false. A policeman who. Yahweh's Observers. praying for his immediate release from confinement. fell ill and was hospitalized for ten (10) days? Explain. c. she admits her live-in arrangement. they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. (2%) CRIMINAL LAW PART I I TRUE or FALSE. Amado. II Antero Makabayan was convicted of the crime of Rebellion. Answer TRUE if the statement is true.KKK-TV filed a certiorari petition in court. what and why? If not. is the liability of Ruben? Explain. the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. To remedy the city's acute housing shortage. he prosecuted Rigoberto and succeeded in sending him to jail for one year? Explain your answer. d. raising the following issues: a. Antero then filed a petition for habeas corpus. can FCC recover the property from Pasig City? Explain. 1960. seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion. but maintains that this conjugal understanding is in conformity with their religious beliefs. he readily lent his gun. but the City delays payment of the amount determined by the court as just compensation. (3%) b. it was Manuel. saying that he would use it to kill Freddie. Would your answer be the same if. kills a bystander by accident is liable for two separate crimes: robbery and reckless imprudence resulting in homicide. But FCC refused to sell the lot. The veterinarian mistakenly gave Charlie a non-toxic powder which. at midnight. he was charged with. Charlie intended to use the poison on Brad. the City filed a complaint for eminent domain against FCC. but he was so scared to tell the authorities about it. will you exonerate Angelina? Reasons. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. will you grant the petition? Discuss fully. a local manufacturer of computers and computer parts. with reasons. (3%) VI Baldo killed Conrad in a dark corner. and convicted of. He claims that the amnesty extends to the offense of Evasion of Service of Sentence. (5%) b. was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. ha. enters a private house over the owner¶s opposition is guilty of trespass to dwelling. causing the latter¶s hospitalization for 30 days. owns a sprawling plant in a 5. She had been living with a married man. Is Rigoberto guilty of Direct Assault? Why or why not? (3%) b. Thereafter. instead of Freddie. XVI a. (5%) a. but told Ponciano: "O. compounded by a burgeoning population. Armed with a piece of wood commonly known as dos por dos. (3%) b. b. a. did not kill Brad. Because Ruben also resented Freddie. a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. Did Charlie commit any crime? If so. a. Administratively charged with immorality and conduct prejudicial to the best interest of the service. The use of an unlicensed firearm in homicide is considered a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. 98-17 was issued and published in a newspaper of general circulation. Will Jenny's case prosper? Explain your answer. Charlie went to a veterinarian and asked for some poison on the pretext that it would be used to kill a very sick. convicted of rape but granted an absolute pardon by the President. Upon investigation." Later. he escaped from jail. (3%) V Ponciano borrowed Ruben¶s gun. (3%) and b. Charlie¶s girlfriend. (2%) XVII Filipinas Computer Corporation (FCC). . (3%) IV Charlie hated his classmate. The creditor who resorts to forced labor of a child under the pretext of reimbursing himself for the debt incurred by the child¶s father commits the crime of slavery. the President of the Philippines issued an amnesty proclamation for the offense of Rebellion. also a member of Yahweh's Observers. (2%) c. Explain your answer in not more than two (2) sentences. At the formal investigation of the administrative case. it appeared that Rigoberto had a grudge against Judge Lorenzo who. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. What. Captured. Hard pressed to find a suitable property to house its homeless residents. Rigoberto hit Judge Lorenzo on the back. e. two years earlier.

(3%) b. the investors received their profits. 1612. present. determine the appropriate penalty to be imposed. Jeremias would be beheaded. Is Angelo¶s contention tenable? Explain. Ciriaco. policemen arrived. who is serving sentence for homicide. Angelo was charged with 500 counts of estafa and 2. (4%) XIV Following his arrest after a valid buy-bust operation. reported the matter to the police.A. b. Explain. and the jail warden? Explain your answer. 3019. Will your answer be the same if it is a conviction for illegal possession of drugs under R. Ciriaco and Domingo? Explain. After two years in hiding. e.000. if any. in his official capacity. as amended). 1980. d. Braulio. (2%) c. claiming that she can no longer be charged under the Revised Penal Code having been charged for the same act under R. Explain your answer in not more than two (2) sentences. or benefit in connection with any contract or transaction x x x wherein the public officer. the Branch Clerk of Court. the driver. Since Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) was already in effect. a.On January 2.A. A firefight ensued between the bank robbers and the responding policemen.D.00. Angelo contends that he committed a continued crime. XII a. Chito asked the RTC Branch Clerk of Court to issue an Order which would allow the two prisoners to be brought out of jail. Suppose in the course of the robbery. Applying the Indeterminate Sentence Law. Dominador. What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the effect of failure to observe the requirement? (3%) XV Joe was 17 years old when he committed homicide in 2005. What is delito continuado? (1%) b. the Clerk refused.000. stopped the van and allowed Virgilio to board. Suppose it was Alfredo who was killed by the responding policemen. son of a multi-millionaire. (5%) a. what charges can be filed against Braulio. but thereafter. She then prepared an Order requiring the appearance in court of Willy and Vincent. did Virgilio commit? Explain. Virgilio then drove the van to his safehouse. In his motion to quash. and Domingo were robbing a bank. (3%) VIII While Alfredo. stopped a van along a major thoroughfare in Manila. Clerk of Court of an RTC Branch. In a prosecution for fencing under P. should the judge apply the suspension of sentence? Explain. 9165 (Dangerous Drugs Act of 2002). Joe moved to avail of the process of intervention or diversion. What crime or crimes. the plaintiff gave Charina P20. promised the plaintiff in a case pending before the court that she would convince the Presiding Judge to decide the case in plaintiff¶s favor. Charina was charged with violation of Section 3 (b) of Republic Act No. prohibiting any public officer from directly or indirectly requesting or receiving any gift. While the case was being tried. During the first two months following the investment. (3%) b. computed monthly. Suppose Joe¶s motion for intervention or diversion was denied. Willy and Vincent were able to escape. he was arrested and appropriately charged in May 2007. In a conviction for homicide. For a person who transacts an instrument representing the proceeds of a covered unlawful activity to be liable under the Anti-Money Laundering Act (R. Is Charina correct? Explain. but when Chito gave her P50. (3%) b.000 counts of violation of Batas Pambansa (BP) 22. In consideration therefor. a detention prisoner. Edwin. What crime or crimes. it is a complete defense for the accused to prove that he had no knowledge that the goods or articles found in his possession had been the subject of robbery. or delito continuado. ordered the driver to alight. Before Juanito was allowed to go. before the policemen arrived. At first. allowed Willy and Vincent to go out of jail in the company of an armed escort. Inside the van were Jeremias. 9160. Virgilio told Juanito to drive to a deserted place. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable under the Revised Penal Code. Ciriaco and Domingo? Explain. or FALSE if the statement is false. Tommy was convicted of violation of Section 5. What crime or crimes.000. Braulio shot and killed Alfredo following a heated disagreement on who should carry the money bags. if any. Chito also gave Edwin P50. On appeal. a. the Ombudsman filed another information against Charina for Indirect Bribery under the Revised Penal Code. Edwin. In the crime of libel. armed with a gun. the police finally arrested Baldo on January 6. the child¶s nanny. percentage. ostensibly as witnesses in a pending case. he committed only one count of estafa and one count of violation of BP 22. Life imprisonment is a penalty more favorable to the convict than reclusion perpetua. Answer TRUE if the statement is true. Baldo claims that the crime he committed had already prescribed. and he was convicted two (2) years later when Joe was already 21 years old. it must be shown that he has knowledge of the identities of the culprits involved in the commission of the predicate crimes. Juanito. (3%) VII Charina.00. had been committed by Chito.00 to leave the two inmates unguarded for three minutes and provide them with an opportunity to escape. an imprisonment term of twelve (12) years and one (1) day to twenty (20) years. Republic Act 9165.A. (5%) X To secure the release of his brother Willy. she consented. and delivered the Order to the jail warden who. had been committed? Explain. truth is an absolute defense. a. a 6-year-old child. c. 1970. Willy. Tommy questioned the admissibility of the evidence because the police officers who conducted the buy-bust operation failed to observe the requisite "chain of custody" of the evidence confiscated and/or seized from him. Is Baldo¶s contention correct? Explain. (2%) IX Virgilio. if any. has to intervene under the law. Daday was told to remain in the van and take care of Jeremias until the ransom is paid. Vincent. and there. bothered by his conscience. The crime is punishable by reclusion temporal. She forged the judge¶s signature. 3019. Homicide under Article 249 of the Revised Penal Code is punishable by reclusion temporal. the trial court appreciated two (2) mitigating circumstances and one (1) aggravating circumstance. and guaranteed by post-dated checks. Thus. After investigation. the prescribed penalty of which is also imprisonment for a term of twelve (12) years and one (1) day to twenty (20) years? Why or why not? (3%) XIII Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing their money upon a promise of a capital return of 25%. (5%) PART II XI TRUE or FALSE. Charina demurred to the second information. Angelo vanished. in turn. and one of the policemen was killed. Virgilio instructed him to tell Jeremias¶ parents that unless they give a ransom of P10-million within two (2) days. and his cousin Vincent. hence. What is intervention or diversion? Is Joe entitled to intervention or diversion? Explain. Charged in court. pointed the gun at the driver and shouted: "Tigil! Kidnap ito!" Terrified. and Daday. (2%) . what would be the criminal liability of Braulio.

Explain. with force and violence. are non-existent individuals. Delmo was charged with frustrated murder. What crime or crimes. despite the serious stab wounds she sustained. Wenceslao ravished Loretta. Joseph Brown. a resident of Barangay San Miguel. [a] May the action prosper? Explain. and saw a man lying on the hospital bed with several life-saving tubes attached to the body. authenticating that Mr. (4%) b. It turned out that the patient was Larry. when everyone in the house was asleep. occupying different rooms. (2%) [b] Will your answer be the same if the action was for foreclosure of the mortgage over the two parcels of land? Why or why not? (2%) III Amorsolo.00. Municipal Mayor and Treasurer.. Discuss the applicability of the relevant aggravating circumstances of dwelling. a. (3%) and [c] The verification and certification of non-forum shopping are fatally defective because there is no accompanying certification issued by the Philippine Consulate in New York. Would your answer to [a] be the same if.700. has an assessed value of P19. (2%) XVI Roger and Jessie. Delmo disconnected the tubes and left. if any. it was found that Roger and Jessie falsified the disbursement vouchers and supporting documents in order to make it appear that qualified recipients who. Batangas. What crime or crimes. Then. as Oscar had been discharged from the hospital earlier. a. Republic Act No. Brown is duly authorized to notarize the document. Wenceslao entered Loretta¶s room with the use of a picklock. located in Barangay Talisay. [b] The One-Day Examination of Witness Rule abbreviates court proceedings by having a witness fully examined in only one day during trial. Roger and Jessie are charged with malversation through falsification and violation of Section 3 (e) of R. was confined at the Intensive Care Unit (ICU) of the Philippine Medical Center. (4%) REMEDIAL LAW PART I I TRUE or FALSE. rubbing his private parts on Evelyn¶s buttocks? Explain. Leoncio continued to dance dirty. (3%) XVIII At the Maligaya Disco Club. exclusive and original jurisdiction is with the Municipal Trial Court where the defendant resides. seeing the disconnected tubes. qualified by evident premeditation and treachery as aggravating circumstances. (5%) [a] The Vallejo standard refers to jurisprudential norms considered by the court in assessing the probative value of DNA evidence. Esq. Brigido filed a motion to dismiss the complaint on the following grounds: [a] The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident of the Philippines. IV Pedrito and Tomas. a notary public in the State of New York. or FALSE if the statement is false. Would your answer be the same if. received the money. causing undue injury to the municipality. Answer TRUE if the statement is true. Incensed. Upon investigation. that the two conspired in the purchase of several units of computer through personal canvass instead of a public bidding. however.A. nocturnity and the use of the picklock to enter the room of the victim. (2%) [b] The RTC does not have jurisdiction over the subject matter of the action involving real property with an assessed value of P19. are charged before the Sandiganbayan for violation of Section 3 (e). While gyrating with their bodies. The subject property. Explain your answer in not more than two (2) sentences. Leyte. 3019 (Anti-Graft and Corrupt Practices Act). (3%) Rule on the foregoing grounds with reasons. One late evening. Discuss the propriety of the charge. II Angelina sued Armando before the Regional Trial Court (RTC) of Manila to recover the ownership and possession of two parcels of land. the resident physician doing his rounds entered the ICU and. entered the ICU. caused the disbursement of public funds allocated for their local development programs for 2008. Discuss the propriety of the charges filed against Roger and Jessie.Suppose Joe was convicted of attempted murder with a special aggravating circumstance and was denied suspension of sentence. respectively. Delmo disguised himself as a nurse. Lipa City.00. Leoncio dipped his private parts in Evelyn¶s buttocks. filed with the RTC of Lipa City a Complaint for Rescission of Contract of Sale of Land against Brigido. Loretta survived? Explain. . of San Rafael. Leyte. in fact. Oscar. Wenceslao stabbed Loretta to death and. (3%) c. Tomas. a third party¶s statement becomes the admission of the party embracing or espousing it. Leoncio and Evelyn were intimately dancing a very seductive dance number. of the Municipality of San Miguel. Records show that the amount of P2-million was purportedly used as financial assistance for a rice production livelihood project. considering that the death penalty is imposable for the consummated felony? Explain. if any. replaced them. would he be eligible for probation under Presidential Decree (PD) 968. The information alleges. 3019 for causing undue injury to the government. but Leoncio continued and tightly embraced her. duly notarized by Mr. Later. Mayor and Treasurer. Intending to kill Oscar. Sto. a Filipino citizen permanently residing in New York City. [d] Under the doctrine of adoptive admission. (4%) XVII Wenceslao and Loretta were staying in the same boarding house. one situated in Pampanga. before leaving the room. [e] Summons may be served by mail. After he had satisfied his lust. Evelyn protested. (3%) b. respectively. and the other in Bulacan. even after the music had stopped. (3%) XIX Delmo learned that his enemy. The patient survived. c. among others. did Leoncio commit? Explain.700. did Wenceslao commit? Explain. took her jewelry. [c] A suit for injunction is an action in rem. Appended to the complaint is Amorsolo¶s verification and certification of non-forum shopping executed in New York City.

Should the motion to amend be granted? Reasons. plaintiff¶s counsel should move for its amendment to include a fourth (4th) triable issue which he allegedly inadvertently failed to mention when the judge dictated the order. 1987 in Manila. the arresting officer testified and identified the documents executed and signed by Edmond. for reasons of personal safety. Before Samuel was arraigned. alleging the same delictual facts. He also marked and identified receipts covering payments he made to Ernesto. Modesto filed a motion for judgment on the pleadings. Edmond consented and also signed a receipt for the amount of P3. but that it is Modesto who really owes him P1. Edmond was brought to the police station where he was informed of his constitutional rights. After reinvestigation. Atty. (3%) VI Arrested in a buy-bust operation. Dioscoro¶s counsel. which Ernesto did not dispute. At the pre-trial. claiming that the latter owed him P1-million. During the investigation. Was the court¶s issuance of the writ of execution proper? Explain. in turn. Gina had absolutely no communications with Frank. the arresting officer asked Edmond to acknowledge in writing that six (6) sachets of ³shabu´ were confiscated from him. but with an additional allegation that the accused gave unwarranted benefits to SB Enterprises owned by Samuel. [a] Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not? (2%) [b] As the RTC judge who granted Gina¶s petition. Modesto filed an answer to Ernesto¶s counterclaim admitting that he owed Ernesto. while Ernesto filed a motion for summary judgment on his counterclaim. All the time she was abroad. will you give due course to the OSG¶s Notice of Appeal? Explain. Resolve the two motions with reasons. evidenced by a promissory note. the prosecutor made a formal offer of evidence which included the documents signed by Edmond. 2009.Before arraignment. to live with her parents. Frank exhibited a violent temperament. After trial. when and where should he pursue the appropriate remedy for each of the following: (10%) [a] Judgment of a Municipal Trial Court (MTC) pursuant to its delegated jurisdiction dismissing his client¶s application for land registration? [b] Judgment of the Regional Trial Court (RTC) denying his client¶s petition for a Writ of Habeas Data? [c] Order of a Family Court denying his client¶s petition for Habeas Corpus in relation to custody of a minor child? [d] Order of the RTC denying his client¶s Petition for Certiorari questioning the Metropolitan Trial Court¶s (MeTC¶s) denial of a motion to suspend criminal proceedings? [e] Judgment of the First Division of the Court of Tax Appeals (CTA) affirming the RTC decision convicting his client for violation of the National Internal Revenue Code? IX Modesto sued Ernesto for a sum of money. The RTC granted Gina¶s petition. which the court granted. the judge dictated the pre-trial order in the presence of the parties and their counsel. Gina filed a petition with the RTC of Manila to declare Frank presumptively dead. 2009. quoted and attached to the complaint. Manananggol was served copies of numerous unfavorable judgments and orders. to the extent of P0. After the presentation of the testimonial evidence. The court issued the writ of execution. (2%) VIII On July 15. After pre-trial. The court denied the motion to dismiss and. Ernesto alleged that Modesto coerced him into signing the promissory note. (3%) V Frank and Gina were married on June 12. where she worked for ten consecutive years. [a] If. stating that it was appealing the decision to the Court of Appeals on questions of fact and law. directed counsel to furnish the court with the names and addresses of Dioscoro¶s heirs and ordered that the designated administrator of Dioscoro¶s estate be substituted as representative party. Modesto marked and identified Ernesto¶s promissory note. He received the notices of denial of the motions for reconsideration on October 2. (5%) X Upon termination of the pre-trial. Gina met and fell in love with Willie. Samuel was also indicted under the amended information.´ Resolve the objection with reasons. Cruz. reciting what had transpired and defining three (3) issues to be tried. On July 4.5-million. Gina found employment as a domestic helper in Singapore. then filed a motion to dismiss the action on the ground of his client¶s death. Edmond¶s lawyer did not object to the testimony. However. uniformly instructed him to appeal. In his answer with counterclaim. but only in the amount of P0.´ At the trial. The Office of the Solicitor General (OSG) filed a Notice of Appeal with the RTC. he filed motions for reconsideration which were denied. immediately upon receipt of his copy of the pre-trial order. Barely a year after the wedding.5-million. While in Singapore. Cresencio moved for the issuance of a writ of execution against Dioscoro¶s estate to enforce his judgment claim. 2007. He immediately informed his clients who. (2%) . nor did she hear any news about him. On July 29. but after the presentation of plaintiff¶s evidence. Dioscoro died. 2009. A year thereafter. (3%) VII Cresencio sued Dioscoro for collection of a sum of money. Atty.000. Edmond refused to give any statement. Resolve the motion to quash with reasons. How. forcing Gina. When the decision had become final and executory. he moved to quash the amended information on the ground that the officer who filed the same had no authority to do so. a Friday. so that she could marry Willie.00. allegedly representing the ³purchase price of the shabu. instead. During the trial. the court rendered judgment in favor of Cresencio. Edmond¶s lawyer objected to the admissibility of the documents for being the ³fruit of the poisoned tree. the accused moved for reinvestigation of the charge. the Office of the Special Prosecutor filed an amended information duly signed and approved by the Special Prosecutor.5-million.

CCC objected. Answer TRUE if the statement is true. XII Mike was renting an apartment unit in the building owned by Jonathan. [d] An electronic document is the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means. (3%) XIII [a] Continental Chemical Corporation (CCC) filed a complaint for a sum of money against Barstow Trading Corporation (BTC) for the latter¶s failure to pay for its purchases of industrial chemicals. Carla brought Betty to the hospital. Outside the operating room. Rule on the objection with reasons. Will the motion be granted? Why or why not? (3%) XVII Having obtained favorable judgment in his suit for a sum of money against Patricio. Alberto shot his wife. (2%) [b] Mike appealed to the Regional Trial Court (RTC). finding that the accused could not have committed the offense charged. The CA dismissed the petition on the ground that the sheriff had already executed the MTC decision and had ejected Mike from the premises. Explain your answer in not more than two (2) sentences. [a] Will Jovito¶s motion to dismiss prosper? Explain. Henry filed a motion to dismiss the complaint on the ground of prematurity for failure to comply with the mandatory barangay conciliation. the prosecutor sought to present Domingo as witness. the other co-owners of the property. on deposit with the Land Bank of the Philippines. Thereafter. BTC filed a motion to compel CCC to give a detailed list of the products¶ ingredients and chemical components. the Sandiganbayan may grant petitions for the issuance of a writ of habeas corpus. through the Department of Public Works and Highways (DPWH) filed with the RTC a complaint for the expropriation of the parcel of land owned by Jovito. [a] How may Patricio prevent the sale of the property on execution? (2%) [b] If Orencio is the purchaser of the property at the execution sale.[b] Suppose trial had already commenced and after the plaintiff¶s second witness had testified. the defendant¶s counsel moves for the amendment of the pre-trial order to include a fifth (5th) triable issue vital to his client¶s defense. Carla told Domingo. [e] The filing of a motion for the reconsideration of the trial court¶s decision results in the abandonment of a perfected appeal. The prosecution was allowed to comment thereon. Resolve BTC¶s motion with reasons. who then filed a motion for the issuance of a writ of execution. If the prosecution files a motion for reconsideration on the ground that the court order granting the demurrer was not in accord with the law and jurisprudence. (5%) [a] The accused in a criminal case has the right to avail of the various modes of discovery. Attached to the complaint is a bank certificate showing that there is. [a] How can Mike stay the execution of the MTC judgment? Explain. invoking confidentiality of the information sought by BTC. relying on the right to avail of the modes of discovery allowed under Rule 27. Mike then filed a petition for review with the Court of Appeals (CA). (3%) [b] A criminal information is filed in court charging Anselmo with homicide. At the trial of the parricide charges filed against Alberto. Then DPWH filed a motion for the issuance of a writ of possession. filed with the RTC of Baguio City a complaint for annulment of sale against Henry. and a date was set for the execution sale. that it was Alberto who shot Betty. a male nurse. which affirmed the MTC decision. shown to reflect the data accurately. to testify on what Carla told him. BTC contended that it refused to pay because CCC misrepresented that the products it sold belonged to a new line. (3%) [b] Mariano. (3%) XIV The Republic of the Philippines. When the writ was issued. (3%) XVI [a] After the prosecution had rested and made its formal offer of evidence. Should the motion be granted over the objection of plaintiff¶s counsel? Reasons. or FALSE if the statement is false. while Mariano resides in Davao City. thus rendering the appeal moot and academic. Resolve the motion with reasons. will the motion prosper? Explain your answer. through his attorney-in-fact. When Mike failed to pay six months¶ rent. (3%) [b] As judge. (3%) [b] Blinded by extreme jealousy. will you grant the motion to dismiss? Explain. Orencio sought the issuance of a writ of execution. [c] In the exercise of its original jurisdiction. the accused filed a demurrer to evidence with leave of court. Marcos and Henry both reside in Asin Road. [b] The viatory right of a witness served with a subpoena ad testificandum refers to his right not to comply with the subpoena. Carla. As judge. Jovito filed a motion to dismiss the complaint on the ground that there are other properties which would better serve the purpose. the court granted the demurrer. Jonathan filed an ejectment suit. (3%) *** END OF PART I *** PART II XI TRUE or FALSE. The MTC issued the writ. will you grant the writ of possession prayed for by DPWH? Explain. Guillermo filed a motion to dismiss the complaint because Florencio failed to implead Hernando and Inocencio. what can Patricio do to recover the property? Explain. (2%) . Betty died while undergoing emergency surgery. how much does he have to pay? Explain. (2%) [c] If the property is sold to a third party at the execution sale. Anselmo files a motion to quash the information on the ground that no preliminary investigation was conducted. with the court admitting all of the prosecution evidence. (3%) XV [a] Florencio sued Guillermo for partition of a property they owned in common. Betty. To substantiate its defense. In its answer. The Municipal Trial Court (MTC) rendered judgment in favor of Jonathan. in the presence of his sister. when in fact they were identical with CCC¶s existing products. The land is to be used as an extension of the national highway. Baguio City. an amount equivalent to the assessed value of the property. Marcos. The defense counsel objected on the ground that Domingo¶s testimony is inadmissible for being hearsay. Is the CA correct? Reasons. the sheriff levied upon a parcel of land that Patricio owns.

SR and MRA traversed Richie¶s complaint. asked his domestic helper.00. [c] A runaway shop is an act constituting unfair labor practice. (3%) [b] Distinguish briefly. On appeal. The deed was properly published and registered with the Office of the Register of Deeds." (2%) . Domingo contests his dismissal. Albert showed her Article 141 of the Labor Code. Eventually acquitted and released from jail.XVIII Pinoy died without a will. His wife. (5%) [a] An employment contract prohibiting employment in a competing company within one year from separation is valid. at most. be equivalent to Richie¶s salary for only six (6) months. not two years. claiming to be the illegitimate child of Pinoy. the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement. a "househelper" from a "homeworker. She sought to annul the settlement alleging that she was deprived of her rightful share in the estate. [a] Is Inday¶s refusal tenable? Explain. Aggrieved. (2%) LABOR AND SOCIAL LEGISLATION VI Albert. claiming that he is not a confidential employee and. what are the due process requirements that the BIC must satisfy? If not. why not? (3%) V [a] Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. (3%) [b] What is the writ of amparo? How is it distinguished from the writ of habeas corpus? (2%) [c] What is the writ of habeas data? (1%) LABOR AND SOCIAL LEGISLATION PART I I TRUE or FALSE. [b] All confidential employees are disqualified to unionize for the purpose of collective bargaining. (4%) XIX [a] Distinguish the two (2) modes of appeal from the judgment of the Regional Trial Court to the Court of Appeals. Mideast Recruitment Agency (MRA). and (2) Suzy¶s action had already prescribed. Is the NLRC correct? Reasons. intentionally did not issue a ticket to a female passenger. was dismissed for allegedly stealing Juan¶s wristwatch. Domingo was dismissed from employment for fraud or willful breach of trust. Explain your answer in not more than two (2) sentences. Rule on the validity of the foregoing arguments with reasons. Is the completion of the house a valid cause for the termination of Diosdado¶s employment? If so. (2%) [b] Because Richie was not able to leave for Qatar. Is Domingo correct? Reasons. soon after the contract was approved by POEA. Rosie. Baldo returned to his employer and demanded reinstatement and full backwages. an employee of Juan." although it did not provide any particular date of completion of the project. MRA advised SR to forego Richie¶s deployment because it had already hired another Filipino drivermechanic. (3%) III Richie. not the Labor Code. the Labor Arbiter. no employer-employee relationship was established between them. a bus conductor of San Juan Transportation Company. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence. It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbor¶s killer. His contract of employment specifically referred to him as a "project employee. (3%).000. Inday. and three children executed a deed of extrajudicial settlement of his estate. (3%) [b] Domingo. a carpenter. Rosie and the three children contended that (1) the publication of the deed constituted constructive notice to the whole world. a 40-year old employer. their liability would. was hired by Building Industries Corporation (BIC). As a result. [e] The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5. Suzy appeared. LABOR AND SOCIAL LEGISLATION IV Diosdado. to work in Qatar for a period of two (2) years. When Inday refused. his long-time crush. raising the following arguments: [a] The Labor Arbiter has no jurisdiction over the case. and assigned to build a small house in Alabang. but clearly. However. the NLRC reversed the Labor Arbiter holding that LABOR AND SOCIAL LEGISLATION Article 4 applies only when the doubt involves "implementation and interpretation" of the Labor Code provisions. therefore. ruled in favor of Clarito upon finding Juan¶s testimony doubtful. Are Rosie and the three children correct? Explain. Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years¶ salary under the POEA-approved contract. [d] In the law on labor relations. Kim. who had just completed his contract in Qatar. In the illegal dismissal case instituted by Clarito. Is Baldo entitled to reinstatement and backwages? Explain your answer. II [a] Enumerate at least four (4) policies enshrined in Section 3. Three years thereafter. a driver-mechanic. Answer TRUE if the statement is true. to give him a private massage. or FALSE if the statement is false. was recruited by Supreme Recruiters (SR) and its principal. citing Article 4 of the Labor Code. and should therefore bind Suzy. (2%) and [c] Even assuming that they are liable. (2%) [b] Clarito. which says that one of the duties of a domestic helper is to minister to the employer¶s personal comfort and convenience. cannot be dismissed from the service for breach of trust.

JSA appealed the decision to the NLRC.000. Answer TRUE if the statement is true. how will you rule? (5%) XIII Atty. Alexander sued JSA for constructive dismissal. and seeks your advice on the following: [a] Because JSA has no client who would accept Alexander. motorcycle delivery boys and food servers. the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. it was revealed. and one of its major owners was a member of the Board of Directors of Jolli-Mac. LABOR AND SOCIAL LEGISLATION [c] The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. (2%) *** END OF PART I *** LABOR AND SOCIAL LEGISLATION PART II XI TRUE or FALSE. (2%) [b] What procedural remedies are open to workers who seek correction of wage distortion? (2%) X [a] State briefly the compulsory coverage of the Government Service Insurance Act. Management filed an action to declare the strike illegal. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending. As judge. the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees. The Labor Arbiter upheld Alexander¶s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander.VII Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR). slighted by Renan¶s revelations about them. [d] A waiver of the right to claim overtime pay is contrary to law. (MMSI). [e] Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned.up capital of P2. (2%) XIV Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country. He had a face only a mother could love. (2%) [b] Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. to soften the impact of these new measures. The Service Agreement warrants. based on research conducted. Left alone in the training room.Mac. (2%) and [b] The union went on strike without complying with the strike-vote requirement under the Labor Code. a job contractor registered with the Department of Labor and Employment.000. (5%) [a] Seafarers who have worked for twenty (20) years on board the same vessel are regular employees. (2%) Rule on the foregoing contentions with reasons. Miss Maganda. LABOR AND SOCIAL LEGISLATION IX [a] What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. could not be given any assignment because no client would accept him. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. succeeded in having him expelled from the firm. During all these. On the same day Johnny received the notice of termination. the labor union went on strike. because of his favorable endorsement. JSA hires you as lawyer. in its operations. Thereafter. in very productive and lucrative posts. After the contract was signed. [b] Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited.Mac. [a] Did Renan commit acts of sexual harassment in a work. he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. and (2) a law allowing contractualization in all areas needed in the employer¶s business operations. Responding to the call. consisting of cashiers.00. among others. Inc. among them. contending that: [a] The union did not observe the "cooling-off period" mandated by the Labor Code. Would the Labor Arbiter¶s finding be sufficient to secure the Manager¶s conviction? Why or why not? (2%) VIII Alexander. purportedly to discuss some work assignment. After the seminar. namely: (1) a law abolishing the security of tenure clause in the Labor Code. that MMSI has a paid. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%) [b] Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%) [c] If the order of reinstatement is being enforced. Renan. or FALSE if the statement is false. LABOR AND SOCIAL LEGISLATION The constitutionality of the two (2) laws is challenged in court. of the lady supervisors in the firm are where they are now. Will the case prosper? Reasons. Renan asked Maganda to go out with him for dinner and ballroom dancing. conducted the orientation seminar for newly-hired employees of the firm. a legitimate labor organization. It engaged Matiyaga Manpower Services. Congress passed two innovative legislative measures. Thereafter. that it would train and determine the LABOR AND SOCIAL LEGISLATION qualification and fitness of all personnel to be assigned to Jolli. (3%) [b] The lady supervisors in the firm. that it would provide these personnel with proper Jolli-Mac uniforms. Explain your answer in not more than two (2) sentences. the NMMR filed a criminal case against the Manager of Manila Restaurant.related or employment environment? Reasons. [a] Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not? (3%) . and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits. The decision became final. a CPA-lawyer and Managing Partner of an accounting firm. However. [c] Government employees have the right to organize and join concerted mass actions without incurring administrative liability. Renan requested Maganda to stay. After six (6) months of being on "floating" status. Renan told Maganda that most. to provide its restaurants the necessary personnel. what should JSA do in order to prevent reinstatement? (2%) Explain your answers. a security guard of Jaguar Security Agency (JSA). that MMSI had no other clients except Jolli. if not all. XII In her State of the Nation Address.

or FALSE if the statement is false. Despite mutual good faith and earnest efforts. 2008.33 5. alleging that although there may be just cause. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting. Union C .000 per year for actual hospital confinement. (3%) [b] Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%) XVIII [a] Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement. effective immediately. will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons. posted on the bulletin board. (3%) [c] Is management¶s withdrawal of the fringe benefits valid? Reasons. As early as October 2007. 2008. on April 3. The contending parties obtained the following votes: 1. (2%) TAXATION PART I I TRUE or FALSE. On March 30. Union A . holiday pay.71 3. Answer TRUE if the statement is true. LABOR AND SOCIAL LEGISLATION [a] Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%) [b] May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers --a clear plurality of the voters --.500.have chosen not to be represented by any union? Reasons. what would you do to effectively achieve the purpose of certification election proceedings? Discuss. effective January 1. For the 4th and 5th years of the CBA. 2006 and January 1. 2007. and service incentive leave pay. . LABOR AND SOCIAL LEGISLATION 4) Rice Subsidy of P600 per month. However. 3) Medical subsidy of P3. what legal recourse or action would you advise? Reasons. He filed suit for illegal dismissal. (5%) [a] A law that allows taxes to be paid either in cash or in kind is valid. [b] When the financial position of the taxpayer demonstrates a clear inability to pay the tax. He demands reinstatement with full backwages. no union filed a petition for certification election during the freedom period. delivery boys and food servers are not paid their lawful salaries. 2002 to December 31. and 5) Birthday Leave with Pay and Birthday Gift of P1. the certified bargaining agent of rank-and-file employees. [a] What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. 13th month pay. 2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee. [a] When was the "freedom period" referred to in the foregoing narration of facts? Explain. (2%) [b] After April 3. In the afternoon of the same day. no CBA had been concluded.180 6. [d] A law imposing a tax on income of religious institutions derived from the sale of religious articles is valid. the Union declared a deadlock. against whom may these workers file their claims? Explain. [e] A false return and a fraudulent return are one and the same. all fringe benefits contained therein are considered withdrawn and can no longer be implemented. provided the employee has worked for at least 20 days within the particular month. (2%) XV Among the 400 regular rank-and-file workers of MNO Company. No union .000 and P1. the Commissioner of Internal Revenue may validly compromise the tax liability. 2007. including overtime pay.42 4. 2007. Union D .[b] If the cashiers.200 monthly.70 2. As expected. Union B . 2008. (3%) [c] If you were the duly designated election officer in this case. (3%) XVI The Company and Triple-X Union. the significant improvements in wages and other benefits obtained by the Union were: 1) Salary increases of P1. (3%) LABOR AND SOCIAL LEGISLATION XVII Alfredo was dismissed by management for serious misconduct. he was not afforded due process by management prior to his termination. the Company and the Union started negotiations to renew the CBA. entered into a Collective Bargaining Agreement (CBA) effective for the period January 1. that due to the CBA expiration on December 31. a certification election was ordered conducted by the Med-Arbiter of the Region.000 per year for the purchase of medicines and hospitalization assistance of P10. Explain your answer in not more than two (2) sentences. management issued a formal announcement in writing. Spoiled votes . [c] The doctrine of equitable recoupment allows a taxpayer whose claim for refund has prescribed to offset tax liabilities with his claim of overpayment.4 There were no objections or challenges raised by any party on the results of the election. (2%) [d] If you were the lawyer for the union. they could not agree. (3%) [b] Explain the impact of the union security clause to the employees¶ right to security of tenure. respectively.

was seized and brought by government agents to a government impounding facility. [a] Resolve with reasons Jessie¶s criminal complaint. how much and why? If not. even assuming that the power barges are subject to real property tax.A. KIA filed a protest on the ground that the P2.968. is engaged in the manufacture of soap.00 per square meter. Inc. Explain each item briefly. The Metropolitan Manufacturing Corporation (MMC). RPC entered into an agreement with Jethro Energy Corporation (JEC). finding that KIA¶s airline ticket sales constituted income derived from sources within the Philippines. In 2005. and other coconut oil-based products. (4%) . In 2007. edible oil. Among those subjected to the occupation tax were lawyers. It has a warehouse in Sampaloc.156. (4%) [b] Would your answer be the same if the luxury car was seized while parked inside the garage of Jessie¶s residence? Why or why not? (4%) VI The Sangguniang Bayan of the Municipality of Sampaloc. used as storage space for the copra purchased in Sampaloc and nearby towns before the same is shipped to Makati. a government-owned and controlled corporation. the property was valued at P720. and that JEC shall operate. then parked inside a pay parking garage. generation and transmission of electric power. (4%) III Melissa inherited from her father a 300-square-meter lot.000. [a] Is Melissa liable to pay capital gains tax on the transaction? If so. or service passengers embarking from Philippine airports. 1996. passed an ordinance imposing a storage fee of ten centavos (P0.156. organized under the laws of Kenya. why not? (4%) IV International Technologies. Is the position of KIA tenable? Reasons.00 should be considered as income derived exclusively from sources outside the Philippines since KIA only serviced passengers outside Philippine territory. with principal office in Makati. Philippine Airlines (PAL). in respect of the power barges.II Enumerate the four (4) inherent limitations on taxation. on cash basis. The firm is represented in the Philippines by its general agent. in order to provide electricity to Southern Tagalog provinces. and equipment therein.00. KIA sells airplane tickets through PAL. Decide with reasons. In the course of the trial. MMC goes to court to challenge the validity of the ordinance. Is the ordinance valid? Explain your answer. On February 28. shall be for the account of RPC. The contract also stipulates that all real estate taxes and assessments. manage and maintain the power barges for the purpose of converting the fuel of RPC into electricity. (4%) VII Kenya International Airlines (KIA) is a foreign corporation. machinery. (4%) V Jessie brought into the Philippines a foreign-made luxury car. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to P2. At the time of her father¶s death on March 14. directly and exclusively used by RPC. It is not licensed to do business in the Philippines. in accordance with the terms of the lease agreement. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at the rate of 35% on its taxable income. Due to the discrepancy. margarine. The prevailing market value of the property at the time of the sale was P3.10) for every 100 kilos of copra deposited in any bodega within the Municipality¶s jurisdiction. fittings.000. who has a law office in Manila. pays the ordinance-imposed occupation tax under protest.00. JEC sought reconsideration of the assessment on the ground that the power barges are exempt from real estate taxes under Section 234 [c] of R. ITI offered in evidence only the summary prepared by the CPA. ITI engaged the services of an independent Certified Public Accountant (CPA) who examined the voluminous invoices and receipts of ITI. 7160 as they are actually. without the invoices and the receipts. and paid less than the actual taxes and duties due. and then submitted the case for decision. Its commercial airplanes do not operate within Philippine territory. Quezon. a Philippine corporation. the Bureau of Customs instituted seizure proceedings and issued a warrant of seizure and detention. Atty. The contract provides that JEC shall own the power barges and the fixtures. how much and why? If not. why not? (4%) [b] Is Melissa liable to pay Value Added Tax (VAT) on the sale of the property? If so. Can the CTA grant ITI¶s claim for refund based only on the CPA¶s summary? Explain. and these tickets are serviced by KIA airplanes outside the Philippines. The car. JEC received an assessment of real property taxes on the power barges from the Assessor of Batangas City. Is the contention of JEC correct? Explain your answer.000. RPC should be held liable therefor. Jessie filed against the Collector a criminal complaint for usurpation of judicial functions on the ground that only a judge may issue a warrant of search and seizure. Aggrieved. Quezon. 55-66 which imposes a municipal occupation tax on persons practicing various professions in the city. The Collector of Customs denied Jessie¶s request for the withdrawal of the warrant. to defray the cost of the medical expenses of her sick son. Furthermore.00. (4%) VIII The City of Manila enacted Ordinance No. (3%) IX Republic Power Corporation (RPC) is a government-owned and controlled corporation engaged in the supply. 1995. demanding the refund of the storage fees it paid under protest. she sold the lot for P600. Mariano Batas. (ITI) filed a claim for refund for unutilized input VAT with the Court of Tax Appeals (CTA). all of which JEC shall supply at its own cost. rates and other charges. for the lease of JEC¶s power barges which shall be berthed at the port of Batangas City.968. He goes to court to assail the validity of the ordinance for being discriminatory.

He consults you on whether it is necessary for him to register as a VAT taxpayer. On January 17. to his only son. and received by the taxpayer on June 15.000.S. the law firm billed the corporation only in 2008. For the 2nd quarter of 1983. ABCD asserted that it overpaid the withholding tax due on the cash dividends given to its non-resident stockholders in the U. husband and wife. but was eventually denied by the Commissioner of Internal Revenue in a decision dated June 15. Raffy will file one income tax return to cover all the income of both spouses.S.000. alleging that under the RP-US Tax Treaty. these U.000. His gross rental income for one year is P1. Miguelito. already worth P1. The corporation duly paid.000. because the exact amount of the expense was determined only in 2008. who is residing in the Philippines and about to be married to a Filipino girlfriend. a painting for P500. Realizing that he has enough documents to substantiate his profession-connected expenses. (3%) [b] Should the painting be included in the gross estate of Zandro in 2007 and thus. and Wilma succeeded to the property. [a] Should the painting be included in the gross estate of Xavier in 2001 and thus. Yuri. 1984. The protest was initially given due course. DO NOT EXPLAIN YOUR ANSWER. The monthly rental for each unit ranges from P8. 2000. ABCD filed with the Commissioner of Internal Revenue a formal claim for refund. donated US$1. The taxpayer protested the assessment on July 31. What legal advice will you give him. The will also granted Zandro the power to appoint his wife.000. Is YYY¶s claim of deduction proper? Reasons. while Wena will declare the income from the coffee shop. Thus. [e] Raffy will declare his own compensation income and Wena will declare hers. Xavier bequeathed the painting. (2%) [a] Raffy will declare as his income the salaries of both spouses.30% for individual and 35% for corporate non-resident stockholders ---was deducted at source and remitted to the BIR. be subject to estate tax? Explain. The Commissioner denied the claim. be subject to estate tax? Explain. The income from the coffee shop shall be equally divided between them.X ABCD Corporation (ABCD) is a domestic corporation with individual and corporate shareholders who are residents of the United States. Xavier purchased from his friend. Will Ernesto be allowed to amend his return? Why or why not? (4%) XVII A final assessment notice was issued by the BIR on June 13. and why? (4%) XV Miguel. and Raffy will declare the income from the coffee shop. [a] Does ABCD Corporation have the legal personality to file the refund on behalf of its non-resident stockholders? Why or why not? (3%) [b] Is the contention of ABCD Corporation correct? Why or why not? (3%) *** END OF PART I *** PART II XI Raffy and Wena. [c] All the income will be declared by Raffy alone.00. filed his income tax return for 2007 claiming optional standard deductions. Mexico does not impose any transfer tax of whatever nature on all gratuitous transfers of property. On May 15. they jointly manage a coffee shop at the ground floor of their house. to his legitimate son.650. (4%) XIII In 1999. a Mexican company. In 2001. ABCD filed a petition with the Court of Tax Appeals (CTA) reiterating its demand for refund. and the tax is computed on the aggregate taxable income of the spouses. For the legal services rendered in 2007. in order to claim itemized deductions. Zandro died in 2007. Zandro. [a] Is Miguel entitled to claim a dowry exclusion? Why or why not? (3%) [b] Is Miguel entitled to the rule of reciprocity in order to be exempt from the Philippine donor¶s tax? Why or why not? (3%) XVI Ernesto. The coffee shop is registered in the name of both spouses.00.-based individual and corporate stockholders received cash dividends from the corporation. a Filipino citizen and a practicing lawyer. he now plans to file an amended income tax return for 2007. Which of the following is the correct way to prepare their income tax return? Write the letter only. XII YYY Corporation engaged the services of the Manananggol Law Firm in 2006 to defend the corporation¶s title over a property used in the business. Yuri paid all the corresponding taxes on the transaction. Xavier died.00. 2005. After office hours. a citizen and resident of Mexico. 2000. The income from the coffee shop shall be equally divided between them.00 worth of stocks in Barack Motors Corporation. The fair market value (FMV) of the painting at the time of the purchase was P1-million. In his last will and testament. [d] Raffy will declare his own compensation income and Wena will declare hers. The . [b] Wena will declare the combined compensation income of the spouses. 1985.00 to P10. as successor to the painting in the event of Zandro¶s death. are both employed by XXX Corporation.5million. YYY Corporation claimed this expense as a deduction from gross income in its 2008 return. 2000. since no audit has been commenced by the BIR on the return he previously filed. Wilma. the deduction withheld at source as tax on dividends earned was fixed at 25% of said income. The corresponding withholding tax on dividend income --. (3%) [c] May a vanishing deduction be allowed in either or both of the estates? Explain. (3%) XIV Emiliano Paupahan is engaged in the business of leasing out several residential apartment units he owns. because only one consolidated return is required to be filed by the spouses. Each spouse shall be taxed separately on their corresponding taxable income to be covered by one consolidated return for the spouses.

or FALSE if the statement is false. The mortgage on the shares of stock was registered in the Office of the Register of Deeds of Makati City where Xerxes Corporation has its principal office. Johnny¶s 10-year old son. He then commences a derivative suit for and in behalf of the corporation. (4%) [b] Assume that the CTA¶s decision dismissing the petition for review has become final. (4%) XVIII A taxpayer received an assessment notice from the BIR on February 3. and his 2007 BMW sedan. [a] What advice will you give the trustee? Explain. claiming it as an ordinary business expense. the board of directors of ARC unanimously passed a resolution approving the sale of the property for P75-million to Shangrila Real Estate Ventures (SREV). valued at P2-million.000. apprehensive because he had not yet received notice of a decision by the Commissioner on his protest.a three-hectare land valued at about P100-million. thus. sought your advice. [a] Is the CTA correct in dismissing the petition for review? Explain your answer. a resident of Manila. [c] Assume that Bernardo extrajudicially foreclosed on the mortgages. II Atlantis Realty Corporation (ARC). 2009. why not? (2%) [c] Will the suit prosper? Why or why not? (3%) III Armando. raising the following issues: [a] The execution of only one Affidavit of Good Faith for both mortgages invalidated the two mortgages. thus.taxpayer then filed a petition for review with the Court of Tax Appeals (CTA). (3%) MERCANTILE LAW PART I I TRUE or FALSE. If the proceeds from such public sale should be P1-million short of Armando¶s total obligation. MFC included the advertising expense as deduction from gross income. against the assessment and submitted all relevant documents in support of the protest. the sale would still be valid. but the CTA dismissed the same. to enjoin the board of directors and the stockholders from approving the sale. as the sole beneficiary. In its income tax return. the taxpayer. a rival realty firm. a stockholder who owns only one (1) share in ARC. can Bernardo recover the deficiency? Why or why not? (2%) .00. offering as security his 500 shares of stock worth P1. [e] A bank under receivership can still grant new loans and accept new deposits. the artistic aspects of the work cannot be conceptually separable from the utilitarian aspects. 2009. On September 11. [a] Can Atty. initiate a derivative suit? Why or why not? (2%) [b] If such a suit is commenced. (2%) and [b] The mortgage on the shares of stocks should have been registered in the Office of the Register of Deeds of Manila where he resides. The trustee consults you if she has to pay the annual income tax on the rentals received from the commercial apartment. would it constitute an intra-corporate dispute? If so. (3%) Rule on the foregoing issues with reasons. (3%) [b] Will your advice be the same if the trustee is directed to accumulate the rental income and distribute the same only when the beneficiary reaches the age of majority? Why or why not? (3%) XX Masarap Food Corporation (MFC) incurred substantial advertising expenses in order to protect its brand franchise for one of its line products. Bernardo foreclosed on the two chattel mortgages. Edric. borrowed P3-million from Bernardo. in the form of a request for reinvestigation. and both the car and the shares of stock were sold at public auction. Edric. covering both mortgages. The resolution also called for a special stockholders meeting at which the proposed sale would be up for ratification. The mortgage on the car was registered in the Office of the Register of Deeds of Manila. [d] Dividends on shares of stocks can only be declared out of unrestricted retained earnings of the corporation. For this purpose. Miriam. the article cannot be copyrighted. as well as in the stock and transfer book of Xerxes Corporation. the Ombudsman may order the bank concerned to allow in camera inspection of bank records and documents. Answer TRUE if the statement is true. May the Commissioner legally enforce collection of the delinquent tax? Explain. The trustee is instructed to distribute the yearly rentals amounting to P720. Is MFC correct? Explain. why and where would such a suit be filed? If not. [b] If the Ombudsman is convinced that there is a violation of law after investigating a complaint alleging illicit bank deposits of a public officer. wants to stop the sale.5¬million in Xerxes Corporation. he filed a protest. Armando executed a single Affidavit of Good Faith. Explain your answer in not more than two (2) sentences. Armando filed suit to nullify the foreclosure and the mortgages. (5%) [a] The Denicola Test in intellectual property law states that if design elements of an article reflect a merger of aesthetic and functional considerations. The following day. who owns only one (1) share in the company. plans to sell one of its prime assets --. What remedy or remedies are available to the taxpayer? Explain. naming in the trust instrument Santino. Atty. Armando defaulted on the payment of his obligation. a local firm engaged in real estate development. (4%) XIX Johnny transferred a valuable 10-door commercial apartment to a designated trustee. [c] Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law.

Sparky. (3%) V Cecilio is planning to put up a grocery store in the subdivision where he and his family reside. [a] May the Monetary Board order the closure of the MPBC rural banks relying only on the SED Report. [b] the board of directors. (3%) VI Lorenzo drew a bill of exchange in the amount of P100. ALAC granted the request. as announced by PAG-ASA. [d] A document. [a] Will you characterize the jettison of Romualdo¶s TV sets as an average? If so. (3%) [b] If MPBC hires you as lawyer because the Monetary Board has forbidden it from carrying on its business due to its imminent insolvency. MV Dona Juana. and why? If not. Nonetheless. Quirico applied for insurance coverage. what action will you institute to question the Monetary Board¶s order? Explain. and could not possibly continue in business without incurring substantial losses to its depositors and creditors. the Supervising and Examining Department (SED) of the Monetary Board prepared a detailed report (SED Report) specifying the facts and the chronology of events relative to the problems that beset MPBC rural bank branches. One of its vessels. the vessel sailed into the storm. was available only to persons 50 to 75 years of age? Why or why not? (2%) [b] Did ALAC¶s issuance of a cover note result in the perfection of an insurance contract between Quirico and ALAC? Explain. dies. The captain realized that MV Dona Juana would traverse the storm¶s path. as drawee. (3%) X What are the so-called exempt securities under the Securities Regulation Code? (2%) *** END OF PART I *** PART II XI TRUE or FALSE. had suddenly veered back into Philippine territory. a TV retailer in Cebu. [a] Was the bill lawfully dishonored by Diana? Explain. and [c] the corporate officers. among other goods. but the latter promptly dishonored the instrument because. On due date. arrived safely in Cebu. (3%) VII Global Transport Services. and who did not know who Lorenzo was. (3%) [b] Does the illicit cause or consideration adversely affect the negotiability of the bill? Explain. Cecilio¶s family members did as instructed. Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established? Explain your answer.000. or FALSE if the statement is false. dated July 15. was on its way out of the country.00 five days after his pet dog. why not? (3%) [b] Against whom does Romualdo have a cause of action for indemnity of his lost TV sets? Explain. in order to lighten the vessel and make it easier to steer the vessel out of the path of the typhoon. with its crew intact. along with some other cargo. Ten days after he received the cover note. Diana.000 television sets consigned to Romualdo. Inc. but decided to proceed with the voyage. The report concluded that the bank branches were unable to pay their liabilities as they fell due. When the vessel was about ten nautical miles away from Manila. (5%) [a] A loan agreement which provides that the debtor shall pay interest at the rate determined by the bank¶s branch manager violates the disclosure requirement of the Truth in Lending Act. Quirico had a heart seizure and had to be hospitalized. Diana was unaware that Barbara is Lorenzo¶s paramour. without need of an examination? Explain. True enough. Almost all the branch managers are close relatives of the members of the Board of Directors of the corporation. [c] The Howey Test states that there is an investment contract when a person invests money in a common enterprise and is led to expect profits primarily from the efforts of others. Many undeserving relatives of the branch managers were granted loans. Elena. (GTSI) operates a fleet of cargo vessels plying interisland routes. through text messages. who paid for it for value. (3%) VIII Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang Pilipino Rural Bank in Eastern Visayas. more than 80% of the residents in the subdivision.000 television sets. .00 payable to Barbara or order. Elena presented the bill to Diana for payment. (3%) IX When is there an ultra vires act on the part of [a] the corporation. Signed Y. by then. Eventually. Receiving reports of these irregularities. a warehouseman loses his lien upon the goods when he surrenders possession thereof. the ship captain heard on the radio that a typhoon which. 2009. Explain your answer in not more than two (2) sentences. left the port of Manila for Cebu laden with. and succeeded in reaching. Diana had already learned of her husband¶s dalliance. that reads: ³Pay to X or order the sum of P5. The captain ordered the jettison of the 10. [e] ³A bank is bound to know its depositor¶s signature´ is an inflexible rule in determining the liability of a bank in forgery cases. [b] Under the Warehouse Receipts Law. Quirico then requested ALAC for the issuance of a cover note while he was trying to raise funds to pay the insurance premium. To promote this proposed business venture. stating that he was already 80 years old. Answer TRUE if the statement is true. he told his wife and three children to send out promotional text messages to all the residents in the subdivision. with his wife. ALAC approved his application. [a] Can ALAC validly deny the claim on the ground that the insurance coverage. At the time the bill was drawn. He then filed a claim on the policy. 10. In time. the branches could not settle their obligations to depositors and creditors. as publicly offered.000.´ is a negotiable instrument. the vessel.IV Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed insurance policy covering persons between the ages of 50 to 75 who may be afflicted with serious and debilitating illnesses. what kind of an average. Barbara then negotiated the bill to her sister.

00 with First United Insurance Corporation (FUIC). but the drawee banks dishonored all the checks for one of the following reasons: ³account closed. (2%) XVI On September 15. As security. Having learned of the insurance earlier procured by Ciriaco. (2%) Will these actions prosper? Explain. fire broke out inside the leased premises. 1996. and to compel the redemption of. (4%) XIV XXX Corporation (XXX) and its sister company. its Registration Statement became effective only on February 11. by drawing of lots. or simply merge the two corporations. therefore. One of the provisions of the one-year lease contract states: ³18. The following day. 2007. a colored photograph of Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile logo appeared on the front page of every Philippine newspaper. (5%) XIII Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). the French firm that manufactures Lacoste apparel and owns the Lacoste trademark. Are Gaudencio¶s defenses tenable? Explain. and demanding payment of the loan. including timeshares. textiles. In his defense. XYZ Corporation issued to Paterno 800 preferred shares with the following terms: ³The Preferred Shares shall have the following rights. However. It reprinted the photographs. BFC deposited them for collection. On October 6. qualifications. at any time after two (2) years from date of issue. a store owner. A day before the lease contract expired. decided to cash in on the universal popularity of the boxing icon. to wit: 1. The Deed of Assignment contains the following stipulation: ³If.´ BFC wrote Gaudencio notifying him of the dishonored checks. with the permission of the newspaper publishers. The receiver has the option to sell all or substantially all of the properties of YYY to XXX. [d] Can Lacoste International validly invoke the defense that it is not a Philippine company and.´ Notwithstanding the stipulation in the contract.´ When Sonny sees the Lacoste advertisements. obtained a P1-million loan from Bathala Financing Corporation (BFC). the renowned Filipino boxer Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of hero-worshipping fans and hundreds of media photographers. Because Gaudencio did not pay. options. the preferred shares. and limitations. Gaudencio contended that [a] BFC did not give timely notice of dishonor (of the checks). x x x The LESSEE shall not insure against fire the chattels. at the option of the Corporation. preferences. without the consent of SBC. (3%) XVII Philippine Palaces Realty (PPR) had been representing itself as a registered broker of securities. duly authorized by the Securities and Exchange Commission (SEC). x x x. BFC filed a collection suit.000.´ When the checks became due. the insurance policy is deemed assigned and transferred to the LESSOR for the latter¶s benefit. the requirements under the Corporation Code have to be complied with.´ or ³insufficiency of funds. the receivables or any part thereof cannot be paid by the obligors. for the period of delay until the same is fully paid. the ASSIGNOR unconditionally and irrevocably agrees to pay the same. (2%) and [c] For injunction in order to stop Lacoste International from featuring him in their commercials. for the payment of dividends on. YYY Corporation (YYY). merchandise. cumulative and participating. he hires you as lawyer and asks you to sue Lacoste International before a Philippine court: [a] For trademark infringement in the Philippines because Lacoste International used his image without his permission. What will your advice be? Explain. SBC demanded from FUIC that the proceeds of the insurance policy be paid directly to it. Lacoste International.´ ³account under garnishment. under the terms and conditions provided in the stock certificates. Who is legally entitled to receive the insurance proceeds? Explain. Philippine courts have no jurisdiction? Explain. are both under judicial receivership. (4%) XV After disposing of his last opponent in only two rounds in Las Vegas.´ ³payment stopped. or both. Under either option. 1998 after the SEC issued a resolution declaring that PPR was authorized to sell securities.´ assigning 15 checks received from various customers who bought merchandise from his store. . 2. and went on a world-wide blitz of print commercials in which Sonny is shown wearing a Lacoste shirt alongside the phrase ³Sonny Bachao just loves Lacoste. Ciriaco insured the merchandise inside the leased premises against loss by fire in the amount of P500. BFC should proceed against the drawers and the indorsers of the checks. goods and effects placed at any stall or store or space in the leased premises without first obtaining the written consent of the LESSOR. damaging Ciriaco¶s merchandise. If the LESSEE obtains fire insurance coverage without the consent of the LESSOR. assuming the liability to pay. as provided in the lease contract. (2%) [b] For copyright infringement because of the unauthorized use of the published photographs. These shares may be redeemed. PPR sold to spouses Leon and Carina one (1) timeshare of Palacio del Boracay for US$7.´ Today. The receiver seeks your advice on whether the Bulk Sales Law will apply to either. for any reason. Gaudencio executed a ³Deed of Assignment of Receivables.500. and [b] considering that the checks were duly indorsed. Will the suit prosper? Explain.00. The checks were duly indorsed by Gaudencio¶s customers. by way of penalty. Paterno sues XYZ Corporation for specific performance.XII Gaudencio. The right to receive a quarterly dividend of One Per Centum (1%). three percent (3%) of the total amount unpaid.

The petition was supported by a copy of the Articles of Incorporation indicating the incorporators¶ initial capital stock subscription. all reservatarios (reservees) inherit as a class and in equal shares regardless of their proximity in degree to the prepositus. a stow away. gave them to the secretary who returned to the Mayor¶s office. (3%) XVIII Triple A Corporation (Triple A) was incorporated in 1960. what is the Margin Trading Rule? (2%) CIVIL LAW PART I I TRUE or FALSE. (3%) . II Dr. (4%) III In December 2000.as beneficiaries. (3%) [b] What is the status of the three children of Michael and Anna? Explain your answer. she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. Wilma went to a small country in Europe. (3%) [b] Do Romeo. [e] A dead child can be legitimated. and his son Roberto both died in a fire that gutted their home while they were sleeping in their air-conditioned rooms. (UTI). are the valid defenses that CTC and UTI can raise in the respective actions against them? Explain. Michael and Anna. Lopez left an estate worth P20M and a life insurance policy in the amount of P1M with his three children --. divorced Harry. (5%) [a] The doctrine of ³processual presumption´ allows the court of the forum to presume that the foreign law applicable to the case is the same as the local or domestic law. Marilyn. Among those injured inside the CTC bus were: Romeo. Teresita. a very wealthy woman. She then gave copies of the marriage contract to the parties. When the secretary caught up with the Mayor at the wedding reception. and had three sons. Leon and Carina wrote PPR rescinding their purchase agreement and demanding the refund of the amount they paid. and their two children were spared because they were in the province at the time. (3%) [c] What. and Uriel have a cause of action for damages against UTI? Explain. Bulacan. (3%) [c] What is a stock and transfer book? (1%) XIX One of the passenger buses owned by Continental Transit Corporation (CTC). figured in a collision with another bus owned by Universal Transport. [a] Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer. [d] An oral promise of guaranty is valid and binding.one of whom is Roberto --. (2%) IV Harry married Wilma. Lopez¶s life insurance policy. and went out to look for the Mayor who was attending a wedding in a neighboring municipality. Samuel. and Uriel against CTC prosper? Explain. Samuel. to get married. Explain your answer in not more than two (2) sentences. 1996. Triple A registered its stock and transfer book only in 1978. went to the Office of the Mayor of Urbano. Answer TRUE if the statement is true. a 70-year old widower. [a] In 1982. The Mayor was not there. with 500 founders¶ shares and 78 common shares as its initial capital stock subscription. However. [a] Will a suit for breach of contract of carriage filed by Romeo. A year thereafter. Barely five (5) years into the marriage. Wilma fell in love with Joseph. voidable. Thereafter. Samuel. because the Palacio del Boracay timeshare was sold to them by PPR without the requisite license or authority from the SEC. the couple lived together as husband and wife.On March 30. after obtaining a valid marriage license. what would have constituted a quorum? Explain. Wilma and Joseph returned and established permanent residence in the Philippines. Dr. Marilyn is now claiming for herself and her children her husband¶s share in the estate left by Dr. [a] Is the marriage of Michael and Anna valid. the bus driver¶s mistress who usually accompanied the driver on his trips for free. and recorded merely 33 common shares as the corporation¶s issued and outstanding shares. Teresita. At this meeting. [b] In reserva troncal. Lopez. (3%) XX Under the Securities Regulation Code. or FALSE if the statement is false. and her husband¶s share in the proceeds of Dr. but the Mayor¶s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms. Teresita. a special stockholders¶ meeting was held. plying its usual route. Will the petition be granted? Why or why not? (3%) [b] On May 6. and told Michael and Anna that they were already married. or void? Explain your answer. if any. Lopez. The secretary then told them to wait. 1992. Roberto¶s wife. and married Joseph. Juancho. and Uriel. Rule on the validity of Marilyn¶s claims with reasons. [c] An oral partnership is valid. a pickpocket then in the act of robbing his seatmate when the collision occurred. holder of a free riding pass he won in a raffle held by CTC. the sole heir of one of the original incorporators filed a petition with the Securities and Exchange Commission (SEC) for the registration of his property rights over 120 founders¶ shares and 12 common shares. PPR contended that the grant of the SEC authority had the effect of ratifying the purchase agreement (with Leon and Carina) of October 6. became a naturalized citizen of that country. The Mayor forthwith signed all the copies of the marriage contract. (2%) [c] What property regime governs the properties acquired by the couple? Explain. Inc. 1998. Is the contention of PPR correct? Explain. Thus.

and Dioscoro. Fuentes left for the United States. or FALSE if the statement is false. Answer TRUE if the statement is true. Dr. the spouses Teodoro and Anita came to the Philippines for a visit and discovered what had happened to their property. namely: Alberto. Margarita filed an annulment case against Emmanuel before a Philippine court on the ground of her husband¶s sterility at the time of the celebration of the marriage.000. Subsequently. Is Ildefonso bound to respect the lease contracts between Jude and his tenants? Explain your answer. the spouses Teodoro and Anita entrusted all their legal papers and documents to their nephew. Rommel is not in the car when the incident happened. passed the New York medical licensure examinations. can Jay validly insist that he be given his legitime? Why or why not? (3%) VII Ramon Mayaman died intestate. Atty. he succeeded in obtaining a TCT over the property in his name. The legitimate family of Edilberto opposed the claim. Jude sold the building to Ildefonso. what legal recourse would you advise him to take? Why? (2%) [c] Harry tells you that he has fallen in love with another woman. In 2006. What action or actions will you institute in order to vindicate their rights? Explain fully. and wants to marry her because. wherein he gave nothing to his recognized illegitimate son. and three nephews (sons of a deceased full-blood brother)? Explain. (3%) IX Before migrating to Canada in 1992. The tenants refused to vacate. while being driven by the regular family driver. [e] A person can dispose of his corpse through an act inter vivos. Can Harry legally marry Elizabeth? Explain. (3%) [b] If Ramon is survived by his wife. showing them to be the couple¶s legitimate children. Without informing his tenants.S. [b] If there is no marriage settlement. Wilma is already married to Joseph. (3%) VIII Jude owned a building which he had leased to several tenants. XII Emmanuel and Margarita. Ildefonso ordered the tenants to vacate the premises within thirty (30) days from notice because he had other plans for the building. They immediately hire you as lawyer. In the settlement of his estate. and became a naturalized American citizen. Can their marriage be annulled on the ground of Emmanuel¶s sterility? Explain. Embassy in Manila. (4%) X Rommel¶s private car. (2%) *** END OF PART I *** PART II XI TRUE or FALSE. Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. Elizabeth. three full-blood brothers. after all. (5%) [a] A clause in an arbitration contract granting one of the parties the power to choose more arbitrators than the other renders the arbitration contract void. in a notarized document. two half-brothers. Fuentes be admitted to probate in the Philippines? Why or why not? (3%) [b] Assuming that the will is probated in the Philippines. On the first year of the spouses¶ tour of duty in the Philippines. Juanito Fuentes executed a holographic will. Determine how much each heir will receive from the estate: [a] If Ramon is survived by his wife. Thereafter. a half-sister.[b] If Harry hires you as his lawyer. Thereafter. He died in New York in 2007. got married in the African state of Kenya where sterility is a ground for annulment of marriage. [a] Is Rommel liable for damages to the heirs of the deceased? Explain.S. Baldomero. were born to the spouses Conrado and Clarita de la Costa. (2%) [b] Would your answer be the same if Rommel was in the car at the time of the accident? Explain. (3%) . hits a pedestrian causing the latter¶s death. Tan forged a deed of sale. and title over the property was transferred in his name. Alberto and Baldomero intervened claiming shares as the deceased¶s illegitimate children. Later. Atty. resided therein. In 2004. one Edilberto de la Cruz executed a notarial document acknowledging Alberto and Baldomero as his illegitimate children with Clarita. [d] The renunciation by a co-owner of his undivided share in the co-owned property in lieu of the performance of his obligation to contribute to taxes and expenses for the preservation of the property constitutes dacion en pago. the latter notified all the tenants that he is the new owner of the building. they come back and take up residence in the Philippines. Explain your answer in not more than two (2) sentences. the salary of a ³spouse´ in an adulterous marriage belongs to the conjugal partnership of gains. insisting that they will only do so when the term of their lease shall have expired. Jay. Amado. (4%) VI On December 1. The laws of New York do not recognize holographic wills or compulsory heirs. Atty. [a] Will the suit prosper? Explain your answer. The children¶s birth certificates were duly signed by Conrado. Edilberto died leaving substantial properties. (2%) V Four children. making it appear that he had bought the couple¶s property in Quezon City. After their wedding in Kenya. who built an auto repair shop on the property. the spouses were assigned to the U. 2000. and one nephew (the son of a deceased full-blood brother)? Explain.000. Luis registered the deed of conveyance. Taking advantage of the situation. Tan sold the same property to Luis. Tan. [a] Can the holographic will of Dr. State Department. Caridad. [c] Acquisitive prescription of a negative easement runs from the time the owner of the dominant estate forbids.00. the owner of the servient estate from executing an act which would be lawful without the easement. leaving a net estate of P10. (3%) [b] Assume Emmanuel and Margarita are both Filipinos. In 2000. American citizens and employees of the U. Dr.

[a] Should the case be dismissed? Explain. and that his right is enforceable against the whole world. Julian. Chua died in 1990. Luciano filed suit to recover the land he sold to Chua. (3%) XVII Rosario obtained a loan of P100. files a petition for change of name before the District Court of New York. laches and acquisitive prescription. Rafael died of natural causes.200. a 19-year old girl. the river has brought silt and sediment from its sources up in the mountains and forests so that gradually the land owned by Marciano increased in area by three hectares. and begot a baby girl. payable in twelve monthly installments. Luciano de la Cruz sold to Chua Chung Chun. [a] Is Marciano correct? Explain. can he compel her to use his surname? Why or why not? (2%) [c] When Rona reaches seven (7) years old. During the pendency of the adoption proceedings. claiming that Rodolfo promised to marry her. On the third.000. in fact. Nanette sued Rodolfo for damages: actual.000. and proceeded to deduct the amount of one million pesos (P1. filed a petition for the adoption of Dolly. she tells Rodolfo that she prefers to live with him. Ulpiano and his family planted peanuts. and exemplary. Julian moved to dismiss the suit on grounds of pari delicto. To buy a new car. May Edwin. (3%) [b] What rights. Ulpiano also regularly paid taxes on the land.00 from Jennifer. if any. for hospital and other medical expenses in delivering the child by caesarean section. to cover the twelve monthly installment payments. (4%) XX [a] If Ligaya. A strong earthquake occurred which left huge cracks in the outer walls of the building.000. Over the years. On this same area. what law shall apply? Explain. is a naturalized Filipino citizen. The contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due date. [a] Is the contract valid? Explain.000.00) from Sarah¶s deposit after notice to her that this is a form of compensation allowed by law. legally sue for partition by sale of the whole project? Explain. a Chinese citizen.00. she will execute a document in favor of Jennifer providing that the ring shall automatically be considered full payment of the loan. an American citizen residing in the Philippines. (3%) [b] Will your answer to [a] be the same if the contract stipulates that upon failure of Rosario to redeem the ring on due date. married to Sharon. he was not. one of whom. a Filipino citizen residing in the United States. (3%) XVIII The Ifugao Arms is a condominium project in Baguio City. does Ulpiano have against Marciano? Explain. what law shall apply? Explain. files a petition for change of name before a Philippine court. The land had been brought under the Torrens System. because he is better off financially than Nanette. would you award all the claims of Nanette? Explain. monggo beans and vegetables. (3%) [b] Suppose Rodolfo later on acknowledges Rona and gives her regular support. Rona. leaving behind his wife and three children. to teach a lesson to like-minded Lotharios. (2%) XIV Rodolfo. for over thirty years. owner of one of the condominium units affected. where he and his two married children live.XIII Rafael. as shown by tax declarations.00). (4%) XVI Marciano is the owner of a parcel of land through which a river runs out into the sea. the corresponding checks bounced. and pledged her diamond ring. If Rodolfo files an action for the custody of Rona. alleging that he is Rona¶s choice as custodial parent. The bank then declared the whole obligation due. representing that he was single when. Is the bank correct? Explain. Marciano claims that under the Civil Code. she obtained a loan from the same bank in the amount of P1. (2%) [b] If Henry. Six years after Chua¶s death. will the court grant Rodolfo¶s petition? Why or why not? (2%) XV Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five million pesos (P5. Sarah issued in favor of the bank post-dated checks. fourth and fifth months.000. alleging that the sale was void because it contravened the Constitution which prohibits the sale of private lands to aliens. a parcel of land in Binondo. [a] If you were the judge. (2%) . Ulpiano built three huts on this additional area.000. Decide the case with reasons.00. When Marciano learned of the increase in the size of the land. had an illicit affair with his secretary. (2%) [b] Will your answer be the same if it was Dolly who died during the pendency of the adoption proceedings? Explain. As a result. the alluvium belongs to him as a registered riparian owner to whose land the accretion attaches. (4%) XIX In 1972. moral. Nanette. and the parcel of land was allocated to Julian. and is cultivated by Ulpiano and his family as farmworkers therein. a wealthy bachelor.000. and demanded that he be paid his share in the proceeds of the harvest. a one-year old foundling who had a severe heart ailment. the heirs executed an extrajudicial settlement of estate. a number of condominium units were rendered unfit for use. Jennifer may immediately sell the ring and appropriate the entire proceeds thereof for herself as full payment of the loan? Reasons. The Office of the Solicitor General files a motion to dismiss the petition on the ground that the case can no longer proceed because of the petitioner¶s death. In 2007. he ordered Ulpiano to demolish the huts. each in the amount of P100.

He tells you that a certain Mr. refused to wear her robe during court proceedings. owes him P1. or FALSE if the statement is false..000. (4%) VI Atty. This.LEGAL ETHICS AND PRACTICAL EXERCISES PART I I TRUE or FALSE. [b] An attorney ad hoc is a lawyer appointed by the court to represent an absentee defendant in a suit in which the appointment is made. [c] There is no presumption of innocence or improbability of wrongdoing in an attorney¶s favor when he deals with his client concurrently as lawyer and as businessman. (4%) *** END OF PART I *** PART II XI TRUE or FALSE. except when there has been a waiver by the lawyer. and a fee of P3. but Greta dropped out. (3%) VII Atty. Sison agrees to pay you attorney¶s fees in the amount of P75. II [a] What is the object of the bar examinations? Explain.00. (10%) X Given the same facts in No. Jamero has failed to comply with his obligation. granted a motion for the reduction of bail. One day. and that. Judge Quintero inhibited himself from the case. Manila. Cliff showed Greta the document already signed by an alleged solemnizing officer and two witnesses. thus making her tense. After receiving the plaintiff¶s Pre-Trial Brief containing the list of witnesses. Sampaloc. Explain your answer in not more than two (2) sentences. resident of 111 Libertad St. Will the case prosper? Explain. Incensed. Explain your answer in not more than two (2) sentences.00 for every appearance in court. by itself. Manuel interviewed some of the witnesses for the plaintiff without the consent of plaintiff¶s counsel. Juan Jamero of 222 Juan Luna St. Manuel without the consent of plaintiff¶s counsel? Explain. When her attention was called. Thus. Manuel is counsel for the defendant in a civil case pending before the RTC. despite repeated demands.00. Manuel violate any ethical standard for lawyers? Explain. a person approached him with an affidavit that needed to be notarized. Tondo. Cliff left Greta and married a Venezuelan beauty. Prepare a motion to declare Jamero in default. alleging that even before the case was raffled to his court. [a] Did Atty. One Sunday. (3%) III [a] May a party appear as his own counsel in a criminal or in a civil case? Explain. as shown by his . without seeking permission from the Supreme Court. Both orders are obviously without any legal basis and violate CA rules. but no responsive pleading was filed within the reglementary period. Sabungero obtained a notarial commission. Atty. and notarized the document.000. (3%) [b] What is the student practice rule? (2%) IV [a] In a case for homicide filed before the Regional Trial Court (RTC). as distinguished from a retaining lien. and for having issued another order for the parties to ³maintain the status quo´ in the same case. she explained that whenever she wears her robe she is reminded of her heavy caseload. (3%) V Cliff and Greta were law school sweethearts. Cliff asked Greta to sign a marriage contract. He also shows you a promissory note. and set the date for the arraignment of the accused. (5%) [a] The Bangalore Draft. As Sison¶s lawyer. Judge Rosalind.000. Thereafter. approved at a Roundtable Meeting of Chief Justices held at The Hague. (3%) IX Alexander Sison. (2%) [b] What are the three (3) tests to determine conflict of interest for practicing lawyers? Explain each briefly. [b] It is ethical for a lawyer to advise his client to enter a plea of guilty in a criminal case if the lawyer is personally convinced that he cannot win the case for his client.000. Manila. or FALSE if the statement is false. Is Judge Quintero¶s inhibition justified? Explain. the couple cohabited and begot a child. [d] The satisfaction of a judgment debt does not. Subsequently. bar or extinguish the attorney¶s liens. that the debt is long overdue. Sabungero immediately pulled out from his pocket his small notarial seal. Atty. wherein Jamero promises to pay the amount of P1. The following day. Cliff then told Greta that they were already married and Greta consented to go on a honeymoon. in turn. Justice Juris claims that the challenged orders were collegial acts of the CA Division to which he belonged. Is Judge Rosalind justified in not wearing her judicial robe? Explain. [e] A notary public is disqualified from performing a notarial act when the party to the document is a relative by affinity within the 4th civil degree. with 12% interest per annum. Answer TRUE if the statement is true. Is the contention of Justice Juris tenable? Explain. he posits that the charge should not be filed against him alone. (5%) [a] The duty of a lawyer to his client is more paramount than his duty to the Court. engages your services as lawyer.000. prepare the complaint that you will file in court against Juan Jamero. is now the New Code of Judicial Conduct in the Philippines. In his defense. (3%) [b] After being diagnosed with stress dermatitis. while he was at the cockpit. Presiding Judge Quintero issued an order for the arrest of the accused. Answer TRUE if the statement is true. within one (1) year from date of note. [d] A lawyer cannot refuse to divulge the name or identity of his client. Was the affidavit validly notarized? Explain. Two years later. Cliff became a lawyer. but should include the two other CA justices in the Division. executed on January 3. assume that summons had been served on Jamero. 2008. (2%) VIII Court of Appeals (CA) Justice Juris was administratively charged with gross ignorance of the law for having issued an order ³temporarily enjoining´ the implementation of a writ of execution. (3%) [b] Will your answer be the same if it was the plaintiff who was interviewed by Atty.00.. [c] A charging lien. he already had personal knowledge of the circumstances surrounding the case.000. IX above. Greta filed a disbarment complaint against Cliff. triggers the outbreak of skin rashes. is an active lien which can be enforced by execution.

Manila. Benigno and Ciriaco to invest in a business venture that later went bankrupt. Is he administratively liable? Reasons. for a price not lower than P500. (10%) . Wilmar sued Beatriz for the unpaid attorney¶s fees and obtained a favorable judgment. Thereafter. and had the land titles registered in his name. but paid the mortgage creditors with his own funds. Vicente. to issue the writ of amparo and the notice of hearing without the signature of the two other Justices-members of the CA division. The widow agreed. and demanded the latter¶s cellular phone and wrist watch. Simultaneously. CA Justice Johnny de la Cruz. Hyde (1) questions the legal personality and interest of Kristine to institute the complaint and (2) insists that he is a bachelor and the sex videos relate to his private life which is outside public scrutiny and have nothing to do with his law practice. Are Atty.´ XII Write the complete text of the attorney¶s oath. a bachelor. Romanito in order to avert the foreclosure of several parcels of land mortgaged by her late husband to several creditors. Bastonero and Tirador then ran away. so that he could sell them and generate funds to pay her creditors. 123456. Atty. the latter confessed that he killed the victim in cold blood. The affidavits were executed by William Tan and Henry Uy. (5%) XIV Marlyn. On long weekends. [e] A companion or employee of the judge who lives in the judge¶s household is included in the definition of the ³judge¶s family. Impelled by the urgency for the issuance of the writ. Hyde. on cash basis. Atty. at the corner of Dapitan and Dos Castillas Sts. Rule on the validity of Atty. practices law in the Philippines. Romanito did not sell the properties. Hyde¶s sordid dalliance with the actresses in Hong Kong. (4%) XVI Atty. [a] If Simeon is convicted of estafa. Nueva Ecija. who witnessed the entire incident. Vicente also said that when he takes the witness stand.000. When Wilmar demanded payment of attorney¶s fees. Simeon persuaded Armando. As Assistant City Prosecutor in Manila. will he be disbarred? Explain. Simeon with estafa. Atty. Romanito advised the widow to execute in his favor deeds of sale over the properties. situated in Muñoz. Armando.00. under his oath as lawyer. the following facts are established: At 6:00 o¶clock in the evening of September 13. Kristine. it covered only 50% thereof. (3%) [b] If Simeon is acquitted of the estafa charge. Paterno persuaded his friend. 2009. Jose Cabra who conducted the autopsy on Johnny.conduct or his passive omission. Beatriz refused to pay. in the Register of Deeds of Nueva Ecija. The death certificate was issued by Dr. classmates of Johnny. Atty. causing instantaneous death. Romanito succeeds in averting the foreclosure. alias Bugoy. a widow. he dates beautiful actresses in Hong Kong. Bastonero pulled out a knife and stabbed Johnny several times in the chest. a neighbor in the Philippines. and won. Wilmar represented Beatriz in a partition case among heirs. and Carlos Tirador. filed with the Supreme Court an administrative complaint against the lawyer because of sex videos uploaded through the internet showing Atty. Atty. Wilmar tenable? Explain. (4%) XVIII On a Saturday. Paterno filed a petition for a writ of amparo with the Court of Appeals (CA). Romualdo obliged. will the disbarment complaint be dismissed? Explain. (4%) XIX Romeo Hacendero wants to authorize Juanito Ahente to sell. Sampaloc. he will deny having done so. (3%) XVII When Atty. Are the defenses of Atty. Atty. to inform the judge that [a] his client is guilty and [b] his client will commit perjury on the witness stand? Explain. Edgar Bastonero. Because Johnny resisted. (4%) XX From the affidavits and the death certificate submitted during the preliminary investigation.. In his answer. a student. (3%) XV Atty. engaged the services of Atty. alias Pogi. prepare the appropriate criminal information to be filed in court. a parcel of land. Benigno and Ciriaco charged Atty. Hyde¶s defenses. Paterno and Justice de la Cruz guilty of unethical conduct? Explain. they filed an administrative complaint against the lawyer with the Supreme Court. in fact. who is accused of murder. Wilmar set up the defenses that (1) Beatriz filed the complaint only to delay the execution of the judgment ordering her to pay attorney¶s fees and (2) Beatriz engaged in forum-shopping. Is Atty. accosted Johnny Escolar. Beatriz filed an administrative complaint against Wilmar claiming that he lied when he stated in his claim for attorney¶s fees that the subject of the partition case involved the entire estate of the deceased when. and covered by Transfer Certificate of Title No. (5%) XIII Atty. Romualdo interviewed his client. Prepare a Special Power of Attorney granting such authority.