Professional Documents
Culture Documents
Set A
1. The unions by-laws provided for burial assistance to the family of a member
who dies. When Carlos, a member, died, the union denied his wife's claim for
burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming
the wife wins the case, may she also claim attorney's fees?
A. No, since the legal services rendered has no connection to CBA negotiation.
B. Yes, since the union should have provided her the assistance of a lawyer.
C. No, since burial assistance is not the equivalent of wages.
D. Yes, since award of attorney's fee is not limited to cases of withholding of
wages.
2. Pol requested Obet, a union officer and concurrently chairman of the
company's Labor-Management Council, to appeal to the company for a
recomputation of Pols overtime pay. After 5 p.m., his usual knock-off time, Obet
spent two hours at the Personnel Office, reconciling the differing computations of
Pols overtime. Are those two hours compensable?
A. Yes, because Obet performed work within the company premises.
B. No, since Obets action has nothing to do with his regular work assignment.
C. No, because the matter could have been resolved in the labor-management
council of which he is the chairman.
D. Yes, because the time he spent on grievance meetings is considered hours
worked.
3. The Labor Code on retirement pay expands the term one-half () month
salary because it means
A. 15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of
service incentive leave.
B. 15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five
days service incentive leave.
C. 15 days pay plus a full 13th month pay.
D. 15 calendar days' pay per year of service plus allowances received during the
retirement year.
4. A foreign guest in a luxury hotel complained that he lost certain valuable items
in his hotel room. An investigation by the hotel pointed to two roomboys as the
most probable thieves. May the management invoke loss of confidence as a
just cause for dismissing the roomboys?
A. No, loss of confidence as reason for dismissal does not apply to rank and file
employees.
B. No, loss of confidence applies only to confidential positions.
C. Yes, loss of confidence is broad enough to cover all dishonest acts of
employee.
D. RIGHT ANSWER Yes, loss of confidence applies to employees who are
charged with the care and custody of the employer's property.
5. Tower Placement Agency supplies manpower to Lucas Candy Factory to do
work usually necessary for work done at its factory. After working there for more
than two years under the factory managers supervision, the workers demanded
that Lucas extend to them the same employment benefits that their directly hired
workers enjoyed. Is their demand valid?Bar Examination Questionnaire for Labor
Law
Set A
A. Yes, since it was Lucas that actually hired and supervised them to work at its
factory.
B. No, since the agency workers are not employees of the client factory.
C. Yes, since they have been working at the factory in excess of two years.
D. No, since it was the placement agency that got them their jobs.
6. Both apprenticeship and learnership are government programs to provide
practical on-the-job training to new workers. How do they differ with respect to
period of training?.
A. In highly technical industries, apprenticeship can exceed 6 months;
learnership can exceed one year.
B. Apprenticeship cannot exceed 6 months; learnership can.
C. Apprenticeship shall not exceed six months; while learnership shall not exceed
three months.
D. The law lets the employer and the apprentice agree on the apprenticeship
period; but the law fixes learnership period at six months in non-technical
industries.
7. Venus Department Store decided to contract out the security services that its
10 direct-hired full-time security guards provided. The company paid the men
separation pay. With this move, the Store was able to cut costs and secure
efficient outside professional security services. But the terminated security
guards complained of illegal dismissal, claiming that regular jobs such as theirs
could not be contracted out. Will their complaint prosper?
A. No. the management has the right to contract out jobs to secure efficient and
economical operations.
B. Yes. They should be reinstated or absorbed by the security agency as its
employees.
C. No. They are estopped from demanding reinstatement after receiving their
separation pay.
D. Yes. The company cannot contract out regular jobs such as they had.
8. Although both are training programs, apprenticeship is different from
learnership in that
A. a learner may be paid 25% less than the legal minimum wage while an
apprentice is entitled to the minimum wage.
B. apprenticeship has to be covered by a written agreement; no such formality is
needed in learnership.
C. in learnership, the employer undertakes to make the learner a regular
employee; in apprenticeship, no such undertaking.
D. a learner is deemed a regular employee if terminated without his fault within
one month of training; an apprentice attains employment status after six months
of apprenticeship.
9. A golf and country club outsourced the jobs in its food and beverage
department and offered the affected employees an early retirement package of 1
months pay for each year of service. The employees who accepted the
package executed quitclaims. Thereafter, employees of a service contractor
Page 2 of 17Bar Examination Questionnaire for Labor Law
Set A
performed their jobs. Subsequently, the management contracted with other job
A. No, only managers are prohibited from joining unions; the law does not bar
confidential employees from joining unions.
B. No, confidential employees are those who assist persons who formulate,
determine, or enforce management policies in the field of labor relations.
C. Yes, secretaries and clerks of company executives are extensions of the
management and, therefore, should not join the union.
D. No, confidential employees are those who handle executive records and
payroll or serve as executive secretaries of top-level managers.
15. Jose Lovina had been member of the board of directors and Executive Vice
President of San Jose Corporation for 12 years. In 2008, the San Jose
stockholders did not elect him to the board of directors nor did the board
reappoint him as Executive Vice President. He filed an illegal dismissal
complaint with a Labor Arbiter. Contending that the Labor Arbiter had no
jurisdiction over the case since Lovina was not an employee, the company filed a
motion to dismiss. Should the motion be granted?
A. No, the Labor Arbiter has jurisdiction over all termination disputes.
B. Yes, it is the NLRC that has jurisdiction over disputes involving corporate
officers.
C. No, a motion to dismiss is a prohibited pleading under the NLRC Rules of
Procedure.
D. Yes, jurisdiction lies with the regular courts since the complainant was a
corporate officer.
16. An employee proved to have been illegally dismissed is entitled to
reinstatement and full backwages computed on the basis of his
A. basic salary plus the regular allowances and the thirteenth month pay.
B. basic salary plus the salary CBA increases during the pendency of his case.
Page 4 of 17Bar Examination Questionnaire for Labor Law
Set A
C. basic salary plus the increases mandated by wage orders issued during the
pendency of his case.
D. basic salary at the time of dismissal.
17. The meal time (lunch break) for the dining crew in Glorious Restaurant is
either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the
management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m.
to 1:30 p.m., without pay. Will the change be legal?
A. Yes, absent an agreement to the contrary, the management determines work
hours and, by law, meal break is without pay.
B. No, because lunchbreak regardless of time should be with pay.
C. Yes, the management has control of its operations.
D. No, because existing practice cannot be discontinued unilaterally.
18. The employees union in San Joaquin Enterprise continued their strike
despite a return to work order from the Secretary of Labor. Because of this
defiance, the employer dismissed the strikers. But the Labor Arbiter declared as
illegal the dismissal of those whose commission of unlawful acts had not been
proved. They were ordered immediately reinstated. The employer refused,
however, to reinstate them on the ground that the rule on immediate
reinstatement applies only to terminations due to just or authorized causes. Is
the employers refusal justified?
A. No, every employee found to have been illegally dismissed is entitled to
immediate reinstatement even pending appeal.
B. Yes. The employers refusal is legal and justified as a penalty for defying the
secretarys lawful order.
C. Yes, the rule on immediate reinstatement does not apply to employees who
have defied a return-to-work order.
D. No. The dismissal of the employees was valid; reinstatement is unwarranted.
19. Llanas Corporation and Union X, the certified bargaining agent of its
employees, concluded a CBA for the period January 1, 2000 to December 31,
2004. But, long before the CBA expired, members of Union Y, the minority union,
showed dissatisfaction with the CBA under the belief that Union X was a
company union. Agitated by its members, Union Y filed a petition for a
Certification Election on December 1, 2002. Will the petition prosper?
A. No, such a petition can only be filed within the freedom period of the CBA.
B. No, since a petition for certification can be filed only upon the expiration of the
CBA.
A. His regular daily wage multiplied by 200% plus 30% of the 200%
B. His regular daily wage multiplied by 200%
C. His regular daily wage plus 200%
D. His daily regular wage
26. The employees rights to organize and to bargain collectively are means of
exercising the broader right to participate in policy or decision-making processes.
The employees' right to participate in policy and decision making processes is
available
A. if a labor-management council exists.
B. if a labor-management council does not exist.
C. if a union exists and it agrees to the creation of a labor-management council.
D. whether or not a labor-management council exists.
27. If not used by the end of the year, the service incentive leave shall be
A. carried over to the next year.
B. converted to its money equivalent.
C. forfeited.
D. converted to cash and paid when the employee resigns or retires.
28. An employee is NOT entitled to financial assistance in cases of legal
dismissal when the dismissal
A. is based on an offense reflecting the depraved character of the employee.
B. is based on serious misconduct or breach of the employer's trust.
C. is grounded on any of the just causes provided by the Labor Code.
D. when the employee has less than 10 years of service.
29. In a work-related environment, sexual harassment is committed when
A. the offender has authority, influence, or moral ascendancy over his
subordinate victim.
B. the victims continued employment is conditioned on sexual favor from her.
C. the female victim grants the demand for sexual favor against her will.
D. the victim is not hired because she turned down the demand for sexual favor.
30. Government employees may elect a union as their exclusive representative
but this right is not available to
A. regular employees in government instrumentalities and agencies.
45. Of the four definitions below, which one does NOT fit the definition of solo
parent under the Solo Parents Welfare Act?
A. Solo parenthood while the other parent serves sentence for at least one year.
B. A woman who gives birth as a result of rape.
Page 10 of 17Bar Examination Questionnaire for Labor Law
Set A
C. Solo parenthood due to death of spouse.
D. Solo parenthood where the spouse left for abroad and fails to give support for
more than a year.
46. Albert and four others signed employment contracts with Reign Publishers
from January 1 to March 31, 2011 to help clear up encoding backlogs. By first
week of April 2011, however, they remained at work. On June 30 Reigns
manager notified them that their work would end that day. Do they have valid
reason to complain?
A. No, since fixed term employment, to which they agreed, is allowed.
B. Yes, their job was necessary and desirable to the employers business and,
therefore, they are regular employees.
C. Yes, when they worked beyond March without an extended fixed term
employment
A. Yes, since 13th month pay should only be one-twelfth of the regular pay.
B. No, since the erroneous computation has ripened into an established,
nonwithdrawable practice.
C. Yes, an error is not a deliberate decision, hence may be rectified.
D. No, employment benefits can be withdrawn only through a CBA negotiation.
53. Where the petition for a certification election in an unorganized establishment
is filed by a federation, it shall NOT be required to disclose the
A. names of the local chapter's officers and members.
B. names and addresses of the federation officers.
C. names and number of employees that initiated the union formation in the
enterprise.
D. names of the employees that sought assistance from the federation in creating
the chapter.
54. Under the Limited Portability law, funds from the GSIS and the SSS maybe
transferred for the benefit of a worker who transfers from one system to the other.
For this purpose, overlapping periods of membership shall be
A. credited only once.
B. credited in full.
C. proportionately reduced.
D. equally divided for the purpose of totalization.
55. Of the four tests below, which is the most determinative of the status of a
legitimate contractor-employer?
A. The contractor performs activities not directly related to the principal's main
business.
B. The contractor has substantial investments in tools, equipment, and other
devices.
C. The contractor does not merely recruit, supply, or place workers.
D. The contractor has direct control over the employees manner and method of
Page 12 of 17Bar Examination Questionnaire for Labor Law
Set A
work performance.
56. X Companys CBA grants each employee a 14th month year-end bonus.
Because the company is in financial difficulty, its head wants to negotiate the
discontinuance of such bonus. Would such proposal violate the nondiminution
rule in the Labor Code?
A. No, but it will certainly amount to negotiating in bad faith.
B. Yes since the rule is that benefits already granted in a CBA cannot be
withdrawn or reduced.
C. No, since the law does not prohibit a negotiated discontinuance of a CBA
benefit.
D. Yes, since such discontinuance will cancel the enjoyment of existing benefits.
57. Night differential is differentiated from overtime pay in that
A. while overtime pay is given for overtime work done during day or night, night
differential is
given only for work done between 10:00 p.m. and 6:00 a.m.
B. while overtime pay is paid to an employee whether on day shift or night shift,
night shift differential is only for employees regularly assigned to night work.
C. while overtime pay is for work done beyond eight hours, night differential is
added to the overtime pay if the overtime work is done between 6:00 p.m. and 12
midnight.
D. while overtime pay is 25% additional to the employee's hourly regular wage,
night differential is 10% of such hourly wage without overtime pay.
58. Differentiate a labor organization from a legitimate labor organization.
A. While the employees themselves form a labor organization, a legitimate
labor organization is formed at the initiative of a national union or federation.
B. While the members of a labor organization consists only of rank and file
employees, a legitimate labor organization consists of both supervisory and
rank and file employees.
C. While a labor organization exists for a lawful purpose, a legitimate labor
organization must, in addition, be registered with the labor department.
D. While the officers in a labor organization are elected in an informal way, the
officers in legitimate labor organization are formally elected according to the
union's constitution and by-laws.
59. The negotiating panels for the CBA of X Company established a rule that only
employees of the company will seat in each panel. In the next session, the
management panel objected to the presence of the union counsel. Still the
negotiation proceeded. At the next session, the management panel again
objected to the presence of the union counsel as a non-observance of the no
outsider rule. The negotiation nonetheless proceeded. Does the management
panel's objection to the presence of the union counsel constitute unfair labor
practice through bad-faith bargaining?
A. Yes, the management is harping on a non-mandatory matter instead of
proceeding with the mandatory subjects of bargaining.
B. No, there is no bargaining in bad faith since the bargaining proceeded anyway.
C. Yes, the management panel has no legal basis for limiting the composition of
Page 13 of 17Bar Examination Questionnaire for Labor Law
Set A
the union negotiating panel.
D. No, since it is the union that violates the ground rules fashioned by the parties,
it is the one negotiating in bad faith.
60. Which of the following acts is NOT part of the regulatory and visitorial power
of the Secretary of Labor and Employment over recruitment and placement
agencies? The power to
A. order arrest of an illegal recruiter
B. inspect premises, books and records
C. cancel license or authority to recruit
D. garnish recruiter's bond
61. Where there is a bargaining deadlock, who may file a notice of strike?
A. The majority members of the bargaining unit.
B. The recognized bargaining agent.
C. Any legitimate labor organization in the employers business.
D. The majority members of the bargaining union.
62. When a recruitment agency fails to deploy a recruit without valid reason and
without the recruit's fault, the agency is obligated to
A. reimburse the recruit's documentary and processing expenses.
B. reimburse the recruits expenses with 6% interest.
C. pay the recruit damages equivalent to one years salary.
66. Pedring, Daniel, and Paul were employees of Delibakery who resigned from
their jobs but wanted to file money claims for unpaid wages and 13th month pay.
Pedrings claim totals P20,000.00, Daniels P3,000.00, and Pauls P22,000.00.
Daniel changed his mind and now also wants reinstatement because he resigned
only upon the instigation of Pedring and Paul. Where should they file their
claims?
A. With the DOLE regional director for Pedring and Pauls claims with no
reinstatement; with the labor arbiter for Daniels claim with reinstatement.
B. With the Office of the Regional Director of the Department of Labor for all
claims to avoid multiplicity of suits.
C. With a labor arbiter for all three complainants.
D. With the DOLE Regional Director provided they are consolidated for
expediency.
67. In a scenario like typhoon Ondoy, who may be required by the employer to
work overtime when necessary to prevent loss of life or property?
A. Health personnel
B. Employees with first aid training
C. Security and safety personnel
D. Any employee
68. The management and Union X in Atisan Mining entered into a CBA for 1997
to 2001. After 6 months, a majority of the members of Union X formed Union Y
and sought management recognition. The latter responded by not dealing with
either union. But, when the CBAs economic provisions had to be renegotiated
towards the end of the term of the CBA, the management chose to negotiate with
Union Y, the newer union. Thus, Union X which negotiated the existing CBA
charged the company with unfair labor practice (ULP). The company argued that
it committed no unfair labor practice since the supposed violation had nothing to
do with economic provisions of the CBA. Is the management right?
A. No. Refusal to comply with the CBAs economic provisions is not the only
ground for ULP; a disregard of the entire CBA by refusing to renegotiate with the
incumbent bargaining agent is also ULP,
B. Yes. No unfair labor practice was committed because the supposed violation
A. submit to the CSC the two promotional appointments together for approval.
B. not appoint B until the CSC has approved As appointment.
C. submit to the Civil Service Commission (CSC) the second appointment after
its approval of the first.
D. simultaneously issue the appointments of A and B.
4. When a witness is granted transactional immunity in exchange for his
testimony on how his immediate superior induced him to destroy public records
to cover up the latter's act of malversation of public funds, the witness may NOT
be prosecuted for
A. direct contempt.
B. infidelity in the custody of public records.
C. falsification of public documents.
D. false testimony.
5. Mario, a Bureau of Customs examiner, was administratively charged with
grave misconduct and preventively suspended pending investigation. The head
of office found him guilty as charged and ordered his dismissal. The decision
against him was executed pending appeal. The Civil Service Commission (CSC)
subsequently found him guilty and after considering a number of mitigating
circumstances, reduced his penalty to only one month suspension. Is Mario
entitled to back salaries?
A. Yes, the reduction of the penalty means restoration of his right to back
salaries.
B. No, the penalty of one month suspension carries with it the forfeiture of back
salaries.
C. No, he is still guilty of grave misconduct, only the penalty was reduced.
D. Yes, corresponding to the period of his suspension pending appeal less one
month.
6. Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession of the lot since 1940, in the concept of owner. In 1988, Althea
became a naturalized Australian citizen. Is she qualified to apply for registration
of the lot in her name?
prescribing
A. maximum tolerance of pro-government demonstrations.
B. a no rally-no permit policy.
C. when, where, and how lawful assemblies are to be conducted.
D. calibrated response to rallies that have become violent.
12. The President forged an executive agreement with Vietnam for a year supply
of animal feeds to the Philippines not to exceed 40,000 tons. The Association of
Animal Feed Sellers of the Philippines questioned the executive agreement for
being contrary to R.A. 462 which prohibits the importation of animal feeds from
Asian countries. Is the challenge correct?
A. Yes, the executive agreement is contrary to our existing domestic law.
B. No, the President is the sole organ of the government in external relations and
all his actions as such form part of the law of the land.
C. No, international agreements are sui generis which must stand independently
of our domestic laws.
D. Yes, the executive agreement is actually a treaty which does not take effect
without ratification by the Senate.
13. Jose Cruz and 20 others filed a petition with the COMELEC to hold a
plebiscite on their petition for initiative to amend the Constitution by shifting to a
unicameral parliamentary form of government. Assuming that the petition has
been signed by the required number of registered voters, will it prosper?
A. No, only Congress can exercise the power to amend the Constitution.
B. Yes, the people can substantially amend the Constitution by direct action.
C. Yes, provided Congress concurs in the amendment.
D. No, since they seek, not an amendment, but a revision.
14. The Comelec en banc cannot hear and decide a case at first instance
EXCEPT when
A. a Division refers the case to it for direct action.
B. the case involves a purely administrative matter.
C. the inhibition of all the members of a Division is sought.
D. a related case is pending before the Supreme Court en banc.
15. Each of the Constitutional Commissions is expressly described as
The law provides that, to get immediate possession of the land, the government
must deposit the equivalent of the land's zonal value. The government insisted,
however, that what apply are the rules of court which require an initial deposit
only of the assessed value of the property. Which should prevail on this matter,
the law or the rules of court?
A. Both law and rules apply because just compensation should be fixed based on
its zonal or assessed value, whichever is higher.
B. Both law and rules apply because just compensation should be fixed based on
its zonal or assessed value, whichever is lower.
C. The law should prevail since the right to just compensation is a substantive
right that Congress has the power to define.
D. The rules of court should prevail since just compensation is a procedural
matter subject to the rule making power of the Supreme Court.
20. After X, a rape suspect, was apprised of his right to silence and to counsel,
he told the investigators that he was waiving his right to have his own counsel or
to be provided one. He made his waiver in the presence of a retired Judge who
was assigned to assist and explain to him the consequences of such waiver. Is
the waiver valid?
A. No, the waiver was not reduced in writing.
B. Yes, the mere fact that the lawyer was a retired judge does not cast doubt on
his competence and independence.
C. Yes, the waiver was made voluntarily, expressly, and with assistance of
counsel.
D. No, a retired Judge is not a competent and independent counsel.
21. Governor Paloma was administratively charged with abuse of authority
before the Office of the President. Pending hearing, he ran for reelection and
won a second term. He then moved to dismiss the charge against him based on
this supervening event. Should the motion be granted?
A. Yes, Governor Paloma's reelection is an expression of the electorate's
obedience to his will.
B. No, Governor Paloma's reelection cannot extinguish his liability for
malfeasance in office.
C. No, Governor Paloma's reelection does not render moot the administrative
case already pending when he filed his certificate of candidacy for his reelection
bid.
D. Yes, Governor Paloma's reelection is an expression of the electorate's
restored trust.
22. The decision of the Regional Trial Court on appeals pertaining to inclusions
or exclusions from the list of voters
A. is inappealable.
B. is subject to an action for annulment.
C. may be brought straight to the Supreme Court.
D. is appealable to the Commission on Elections.
23. The equal protection clause allows valid classification of subjects that applies
A. only to present conditions.
B. so long as it remains relevant to the government.
C. for a limited period only.
D. for as long as the problem to be corrected exists.
24. The President wants to appoint A to the vacant post of Associate Justice of
the Supreme Court because of his qualifications, competence, honesty, and
efficiency. But As name is not on the list of nominees that the Judicial and Bar
Council (JBC) submitted to the President. What should the President do?
A. Request the JBC to consider adding A to the list.
B. Decline to appoint from the list.
C. Appoint from the list.
D. Return the list to JBC.
25. Courts may still decide cases that have otherwise become academic when
they involve
A. the basic interest of people.
B. petitions for habeas corpus.
C. acts of the Chief Executive.
D. Presidential election protests.
26. The right of the State to prosecute crimes by available evidence must yield to
the right of
Based on the evidence, the Secretary of Justice found X guilty as charged and
dismissed him from the service. Pending appeal, X's dismissal was executed.
Subsequently, the Civil Service Commission (CSC) reversed the Secretarys
decision and the reversal became final and executory. What is the effect of X's
exoneration?
A. X is entitled to reinstatement and back salaries both during his 90 day
preventive suspension and his suspension pending appeal.
B. X is entitled to reinstatement and back salaries corresponding only to the
period of delay caused by those prosecuting the case against him.
C. X is entitled to reinstatement but not to back salaries on ground of damnum
absque injuria.
D. X is entitled to reinstatement and back salaries during his suspension pending
appeal.
34. Courts may dismiss a case on ground of mootness when
A. the case is premature.
B. petitioner lacks legal standing.
C. the questioned law has been repealed.
D. the issue of validity of law was not timely raised.
35. Alfredo was elected municipal mayor for 3 consecutive terms. During his third
term, the municipality became a city. Alfredo ran for city mayor during the next
immediately succeeding election. Voltaire sought his disqualification citing the 3
term limit for elective officials. Will Voltaire's action prosper?
A. No, the 3 term limit should not apply to a person who is running for a new
position title.
B. Yes, the 3 term limit applies regardless of any voluntary or involuntary
interruption in the service of the local elective official.
C. Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or
municipality.
D. No, the 3 term limit should not apply to a local government unit that has
assumed a different corporate existence.
36. In what scenario is an extensive search of moving vehicles without warrant
valid?
A. The police became suspicious on seeing something on the cars back seat
covered with blanket.
B. The police suspected an unfenced lot covered by rocks and bushes was
planted to marijuana.
C. The police became suspicious when they saw a car believed to be of the
same model used by the killers of a city mayor.
D. The driver sped away in his car when the police flagged him down at a
checkpoint.
37. Pre-proclamation controversies shall be heard
A. summarily without need of trial.
B. through trial by commissioner.
C. ex parte.
D. through speedy arbitration.
38. When the President orders the Chief of the Philippine National Police to
suspend the issuance of permits to carry firearms outside the residence, the
President exercises
A. the power of control.
B. the Commander-in-Chief power.
C. the power of supervision.
D. the calling out power.
39. Carlos, a foreign national was charged with and convicted of a serious crime
in State X and sentenced to life imprisonment. His country applied for relief with
the International Court of Justice (ICJ), arguing that State X did not inform Carlos
of his right under Article 36 of the Vienna Convention to be accorded legal
assistance by his government. State X, as signatory to the Vienna Convention,
agreed to ICJ's compulsory jurisdiction over all disputes regarding the
interpretation or application of the Vienna Convention. ICJ ruled that State X
violated its obligation to provide consular notification to the foreign national's
country. ICJ also required State X to review and reconsider the life sentence
imposed on the foreign national. State X then wrote the United Nations informing
that it was withdrawing from the Optional Protocol on Vienna Convention and
was not bound by the ICJ decision. What principle of international law did State
X violate?
A. Pacta Sunt Servanda
B. Act of State Doctrine
C. Protective Principle
D. Jus Cogens
40. An informer told the police that a Toyota Car with plate ABC 134 would deliver
an unspecified quantity of ecstacy in Forbes Park, Makati City. The officers
whom the police sent to watch the Forbes Park gates saw the described car and
flagged it down. When the driver stopped and lowered his window, an officer
saw a gun tucked on the driver's waist. The officer asked the driver to step out
and he did. When an officer looked inside the car, he saw many tablets strewn
on the driver's seat. The driver admitted they were ecstacy. Is the search valid?
A. No, the rule on warrantless search of moving vehicle does not allow
arbitrariness on the part of the police.
B. Yes, the police officers had the duty to verify the truth of the information they
got and pursue it to the end.
C. Yes, the police acted based on reliable information and the fact that an officer
saw the driver carrying a gun.
D. No, police officers do not have unbridled discretion to conduct a warrantless
search of moving vehicles.
41. The Commission on Elections is an independent body tasked to enforce all
laws relative to the conduct of elections. Hence, it may
A. conduct two kinds of electoral count: a slow but official count; and a quick but
unofficial count.
B. make an advance and unofficial canvass of election returns through electronic
transmission.
C. undertake a separate and unofficial tabulation of the results of the election
manually.
D. authorize the citizens arm to use election returns for unofficial count.
42.The President may proclaim martial law over a particular province subject to
revocation or extension
A. by Congress,subject to ratification by the Supreme Court.
operate. The President approved the appropriation but vetoed the condition.
Was the veto valid?
A. Yes, since the vetoed condition may be separated from the item.
B. Yes, the President's veto power is absolute.
C. No, since the veto amounted to a suppression of the freedom to communicate
through television.
D. No, since the approval of the item carried with it the approval of the condition
attached to it.
47. In the exercise of its power of legislative inquiries and oversight functions, the
House of Representatives or the Senate may only ask questions
A. that the official called is willing to answer.
B. that are relevant to the proposed legislation.
C. to which the witness gave his prior consent.
D. material to the subject of inquiry.
48. An ordinance prohibits notorious street gang members from loitering in
public places. The police are to disperse them or, if they refuse, place them
under arrest. The ordinance enumerates which police officers can make arrest
and defines street gangs, membership in them, and public areas. The ordinance
was challenged for being vague regarding the meaning of notorious street gang
members. Is the ordinance valid?
A. No, it leaves the public uncertain as to what conduct it prohibits.
B. No, since it discriminates between loitering in public places and loitering in
private places.
C. Yes, it provides fair warning to gang members prior to arrest regarding their
unlawful conduct.
D. Yes, it is sufficiently clear for the public to know what acts it prohibits.
49. The people may approve or reject a proposal to allow foreign investors to
own lands in the Philippines through an electoral process called
A. referendum.
B. plebiscite.
C. initiative.
D. certification.
50. Where a candidate for the Senate stated in his certificate of candidacy that
he is single, when he is very much married, though separated, his certificate of
candidacy
A. may be canceled.
B. will subject him to a quo warranto action.
C. remains valid.
D. may be denied due course.
51. A candidate who commits vote buying on Election Day itself shall be
prosecuted by the
A. COMELEC.
B. Secretary of Justice.
C. police and other law enforcement agencies.
D. City or Provincial Prosecutor.
52. A law authorized the Secretary of Agriculture to require the quarantine of
animals that suffer from dangerous communicable diseases at such place and for
such time he deems necessary to prevent their spread. The Secretary of
Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days
on persons transporting quarantined animals without his permission. The
regulation is
A. a valid exercise of the power of subordinate legislation.
B. invalid for being ultra vires.
C. a valid exercise of police power.
D. invalid for being discriminatory.
53. Small-scale utilization of natural resources by Filipino citizens may be
allowed by
A. Congress.
B. either the Senate or the House of Representatives.
C. the President.
D. the President with the consent of Congress.
54. When the Civil Service Commission (CSC) approves the appointment of the
Executive Director of the Land Transportation Franchising and Regulatory Board
who possesses all the prescribed qualifications, the CSC performs
A. a discretionary duty.
B. a mix discretionary and ministerial duty.
C. a ministerial duty.
D. a rule-making duty.
55. Xian and Yani ran for Congressman in the same district. During the
canvassing, Yani objected to several returns which he said were tampered with.
The board of canvassers did not entertain Yani's objections for lack of authority to
do so. Yani questions the law prohibiting the filing of pre-proclamation cases
involving the election of Congressmen since the Constitution grants COMELEC
jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct?
A. Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation
cases, without exception.
B. No, COMELECs jurisdiction over pre-proclamation cases pertains only to
elections for regional, provincial, and city officials.
C. No, COMELECs jurisdiction over pre-proclamation cases does not include
those that must be brought directly to the courts.
D. Yes, any conflict between the law and the Constitution relative to COMELEC's
jurisdiction must be resolved in favor of the Constitution.
56. When the Supreme Court nullified the decisions of the military tribunal for
lack of jurisdiction, it excluded from their coverage decisions of acquittal where
the defendants were deemed to have acquired a vested right. In so doing, the
Supreme Court applied
A. the operative fact doctrine.
B. the rule against double jeopardy.
C. the doctrine of supervening event.
D. the orthodox doctrine.
57. Accused X pleaded not guilty to the charge of homicide against him. Since
he was admitted to bail, they sent him notices to attend the hearings of his case.
But he did not show up, despite notice, in four successive hearings without
offering any justification. The prosecution moved to present evidence in absentia
but the court denied the motion on the ground that the accused has a right to be
present at his trial. Is the court correct?
A. No, the court is mandated to hold trial in absentia when the accused had been
arraigned, had notice, and his absence was unjustified.
B. Yes, it remains discretionary on the court whether to conduct trial in absentia
even if the accused had been arraigned and had notice and did not justify his
absence.
C. Yes, it is within the court's discretion to determine how many postponements it
will grant the accused before trying him in absentia.
D. No, the court may reject trial in absentia only on grounds of fraud, accident,
mistake, or excusable negligence.
58. Following COMELEC Chairman Bocay's conviction for acts of corruption in
the impeachment proceedings, he was indicted for plunder before the
Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on
the plunder case?
A. No, plunder is not a pardonable offense.
B. No, conviction in a criminal case for the same acts charged in the
impeachment proceedings is not pardonable.
C. Yes, convictions in two different fora for the same acts, are too harsh that they
are not beyond the reach of the Presidents pardoning power.
D. Yes, conviction in court in a criminal action is subject to the President's
pardoning power.
59. A private person constituted by the court as custodian of property attached to
secure a debt sought to be recovered in a civil proceeding is
A. a private sheriff.
B. a public officer.
C. a private warehouseman.
D. an agent of the party to whom the property will ultimately be awarded.
60. The COMELEC en banc shall decide a motion for reconsideration of
A. the House or Representatives and the Senate electoral tribunals.
B. the decision of the election registrar.
C. the decision of the COMELEC division involving an election protest.
D. its own decision involving an election protest.
61. Adela served as Mayor of Kasim for 2 consecutive terms. On her third term,
COMELEC ousted her in an election protest that Gudi, her opponent, filed
against her. Two years later, Gudi faced recall proceedings and Adela ran in the
recall election against him. Adela won and served as Mayor for Gudi's remaining
term. Can Adela run again for Mayor in the next succeeding election without
violating the 3 term limit?
A. No, she won the regular mayoralty election for two consecutive terms and the
recall election constitutes her third term.
B. A. No, she already won the mayoralty election for 3 consecutive terms.
C. Yes, her ouster from office in her third term interrupted the continuity of her
service as mayor.
D. Yes, the fresh mandate given her during the recall election erased her
disqualification for a third term.
62. A child born in the United States to a Filipino mother and an American father
is
A. a Filipino citizen by election.
B. a repatriated Filipino citizen.
C. a dual citizen.
D. a natural born Filipino citizen.
63. Involuntary servitude may be required as
A. part of rehabilitation of one duly charged with a crime.
B. substitute penalty for one who has been duly tried for a crime.
C. punishment for a crime where one has been duly convicted.
D. condition precedent to one's valid arraignment.
64. Van sought to disqualify Manresa as congresswoman of the third district of
Manila on the ground that the latter is a greencard holder. By the time the case
was decided against Manresa, she had already served her full term as
congresswoman. What was Manresa's status during her incumbency as
congresswoman?
A. She was a de jure officer, having been duly elected.
B. She was not a public officer because she had no valid existing public office.
C. She was a de jure officer since she completed her term before she was
disqualified.
D. She was a de facto officer since she was elected, served, and her
disqualification only came later.
65. Whose appointment is NOT subject to confirmation by the Commission
on Appointments?
A. Chairman of the Civil Service Commission
B. Chief Justice of the Supreme Court
C. Chief of Staff of the Armed Forces of the Philippines
D. Executive Secretary
66. The system of checks and balances operates when
A. the President nullifies a conviction in a criminal case by pardoning the
offender.
B. Congress increases the budget proposal of the President.
C. the President does not release the countryside development funds to
members of Congress.
D. Congress expands the appellate jurisdiction of the Supreme Court, as defined
by the Constitution.
67. The price of staple goods like rice may be regulated for the protection of the
consuming public through the exercise of
A. power of subordinate legislation.
B. emergency power.
C. police power.
D. residual power.
68. Associate Justice A retires from the Supreme Court 90 days before the
forthcoming Presidential election. May the incumbent President still appoint
Justice A's successor?
A. No, it will violate the Constitutional prohibition against midnight appointments.
B. Yes, vacancies in the Supreme Court should be filled within 90 days from
occurrence of the vacancy.
C. Yes, vacancies in the Supreme Court should be filled within 90 days from
submission of JBC nominees to the President.
D. No, the incumbent President must yield to the choice of the next President
69. The President may set a limit on the country's import quota in the exercise of
his
A. delegated power.
B. concurring power.
C. residual power.
D. inherent power.
70. Amor sued for annulment of a deed of sale of Lot 1. While the case was
ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the
Clerk of Court, that Lot 1 was not involved in any pending case before the court.
Acting on the certification, the Register of Deeds canceled the notice of lis
pendens annotated on Lot 1s title. Amor filed a damage suit against Atty. Crispin
but the latter invoked good faith and immunity from suit for acts relating to his
official duty, claiming he was not yet the Clerk of Court when Amor filed his
action. Decide.
A. Atty. Crispin is immune from suit since he enjoys the presumption of regularity
of performance of public duty.
B. Atty. Crispin's defense is invalid since he issued his certification recklessly
without checking the facts.
C. Atty. Crispin's defense is valid since he was unaware of the pendency of the
case.
D. As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts
relating to his work.
71. The Housing and Land Use Regulatory Board (HLURB) found Atlantic
Homes, Inc. liable in damages arising from its delayed release of the title to the
house and lot that it sold to Josephine. Atlantic appealed to the Office of the
President which rendered a one page decision, affirming the attached HLURB
judgment. Atlantic challenges the validity of the decision of the Office of the
President for not stating the facts and the law on which it is based. Is the
challenge correct?
A. No, the Office of the President is governed by its own rules respecting review
of cases appealed to it.
B. Yes, the decision of the Office of the President must contain its own crafted
factual findings and legal conclusions.
C. Yes, administrative due process demands that the Office of the President
make findings and conclusions independent of its subordinate.
D. No, the Office of the President is not precluded from adopting the factual
findings and legal conclusions contained in the HLURB decision.
72. A collision occurred involving a passenger jeepney driven by Leonardo, a
cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by
the City of Cebu. Lauro was on his way to get a load of sand for the repair of the
road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of
the jeepney died. Their families filed a complaint for damages against Joseph
who in turn filed a third party complaint against the City of Cebu and Lauro. Is
the City of Cebu liable for the tort committed by its employee?
A. The City of Cebu is not liable because its employee was engaged in the
discharge of a governmental function.
B. The City of Cebu is liable for the tort committed by its employee while in the
discharge of a non-governmental function.
C. The City of Cebu is liable in accord with the precept of respondeat superior.
D. The City of Cebu is not liable as a consequence of its non-suitability.
73. During promulgation of sentence, the presence of the accused is mandatory
but he may appear by counsel or representative when
A. he is charged with a light offense.
B. he was able to cross-examine the prosecutions witnesses.
C. he waives his right to be present.
D. he is convicted of a bailable offense.
74. An information for murder was filed against X. After examining the case
records forwarded to him by the prosecution, the trial judge granted bail to X
based on the prosecution's manifestation that it was not objecting to the grant of
bail. Is the trial judge correct?
A. Yes, the trial judge may evaluate the strength or weakness of the evidence
based on the case records forwarded to him.
B. No, the trial judge should have held a hearing to ascertain the quality of the
evidence of guilt that the prosecution had against X.
C. No, the trial judge should have conducted a hearing to ascertain first whether
B. Yes, the action against Judge Lloyd may be consolidated with the case before
the Court of Appeals and decided by it.
C. Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary
incident of the certiorari action.
D. No, the losing party has no standing to challenge Judge Lloyd's right to stay
as judge.
80. Executive Secretary Chua issued an order prohibiting the holding of rallies
along Mendiola because it hampers the traffic flow to Malacanang. A group of
militants questioned the order for being unconstitutional and filed a case against
Secretary Chua to restrain him from enforcing the order. Secretary Chua raised
state immunity from suit claiming that the state cannot be sued without its
consent. Is the claim correct?
A. No, public officers may be sued to restrain him from enforcing an act claimed
to be unconstitutional.
B. Yes, the order was not a proprietary act of the government.
C. No, only the president may raise the defense of immunity from suit.
D. Yes, Secretary Chua cannot be sued for acts done in pursuance to his public
office.
81. Anton was the duly elected Mayor of Tunawi in the local elections of 2004.
He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran
for mayor, filed with the Local Election Registrar, a petition for recall against
Anton. The COMELEC approved the petition and set a date for its signing by
other qualified voters in order to garner at least 25% of the total number of
registered voters or total number of those who actually voted during the local
election in 2005, whichever is lower. Anton attacked the COMELEC resolution
for being invalid. Do you agree with Anton?
A. No, the petition, though initiated by just one person, may be ratified by at least
25% of the total number of registered voters.
B. No, the petition, though initiated by just one person may be ratified by at least
25% of those who actually voted during the 2004 local elections.
C. Yes, the petition should be initiated by at least 25% of the total number of
registered voters who actually voted during the 2004 local elections.
B. Yes, the police acted on reliable information which proved correct when they
searched the man and his car.
C. Yes, the man should be deemed to have waived his right to challenge the
search when he failed to object to the frisking.
D. No, reliable information alone, absent any proof beyond reasonable doubt that
the man was actually committing an offense, will not validate the search.
83. A law interfering with the rights of the person meets the requirements of
substantive due process when
A. the means employed is not against public policy.
B. it is in accord with the prescribed manner of enforcement as to time, place,
and person.
C. all affected parties are given the chance to be heard.
D. the interest of the general public, as distinguished from those of a particular
case, requires such interference.
84. A judge of the Regional Trial Court derives his powers and duties from
A. statute.
B. the President, the appointing power.
C. Supreme Court issuances.
D. the rules of court.
85. When an elective official's preventive suspension will result in depriving his
constituents of his services or representation, the court may
A. require the investigating body to expedite the investigation.
Page 21 of 21
B. not liable for selling since the police operation was an invalid entrapment.
C. liable for selling since the police operation was a valid form of instigation.
D. not liable since the police operation was an invalid instigation.
11. Plaintiff X said in his civil complaint for damages that defendant Y, employing
fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel
against X for maliciously imputing fraud on him. Will the action prosper if it turns
out that the civil complaint for damages was baseless?
A. No, since pleadings filed in court are absolutely privileged.
B. No, since malice is not evident.
C. Yes, given the fact that the imputation of fraud was baseless.
D. Yes, parties must state the truth in their pleadings.
12. The maxim "Nullum crimen nula poena sine lege" means that
A. the act is criminal at the time of its commission and recognized as such at the
time of its commission but the penalty therefor is prescribed in a subsequently
enacted law.
B. the act is criminal and punished under and pursuant to common law.
C. there is a crime for as long as the act is inherently evil.
D. crime is a product of the law.
13. X, a tabloid columnist, wrote an article describing Y, a public official, as
stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source from
Y's own office who fed him the information. Did X commit libel?
A. Yes, since the article was libelous and inconsistent with good faith and
reasonable care.
B. No, since X but made a fair commentary on a matter of public interest.
C. No, since Xs article constitutes privileged communication.
D. No, since he wrote his article under the freedom enjoyed by the press.
14. The husband has for a long time physically and mentally tortured his wife.
After one episode of beating, the wife took the husbands gun and shot him dead.
Under the circumstances, her act constitutes
A. mitigating vindication of grave offense.
B. battered woman syndrome, a complete self-defense.
C. incomplete self-defense.
41. Culpa can either be a crime by itself or a mode of committing a crime. Culpa
is a crime by itself in
A. reckless imprudence resulting in murder.
B. medical malpractice.
C. serious physical Injuries thru reckless imprudence.
D. complex crime of reckless imprudence resulting in serious physical injuries.
42. The mitigating circumstance of immediate vindication of a grave offense
cannot be appreciated in a case where
A. Following the killing of his adopted brother, P went to the place where it
happened and killed S whom he found there.
B. X kills Y who attempted to rape Xs wife.
C. P severely maltreats S, a septuagenarian, prompting the latter to kill him.
D. M killed R who slandered his wife.
43. To save himself from crashing into an unlighted truck abandoned on the
road, Jose swerved his car to the right towards the graveled shoulder, killing two
bystanders. Is he entitled to the justifying circumstance of state of necessity?
A. No, because the bystanders had nothing to do with the abandoned truck on
the road.
B. No, because the injury done is greater than the evil to be avoided.
C. Yes, since the instinct of self-preservation takes priority in an emergency.
D. Yes, since the bystanders should have kept off the shoulder of the road.
44. The accused was shocked to discover his wife and their driver sleeping in the
masters bedroom. Outraged, the accused got his gun and killed both. Can the
accused claim that he killed the two under exceptional circumstances?
A. No, since the accused had time to reflect when he got his gun.
B. No, since the accused did not catch them while having sexual intercourse.
C. Yes, since the wife and their driver desecrated the marital bed.
D. Yes, since the scene shows that they had an intimate relationship.
45. The three accused forcibly took their victim from his car but the latter
succeeded in freeing himself from their grip. What crime did the three accused
commit?
A. forcible abduction.
B. frustrated kidnapping.
C. attempted kidnapping.
D. grave coercion.
46. Deeply enraged by his wifes infidelity, the husband shot and killed her lover.
The husband subsequently surrendered to the police. How will the court
appreciate the mitigating circumstances of (i) passion or obfuscation, (ii)
vindication of a grave offense, and (iii) voluntary surrender that the husband
invoked and proved?
A. It will appreciate passion or obfuscation and voluntary surrender as one
mitigating circumstance and vindication of a grave offense as another.
B. It will appreciate all three mitigating circumstances separately.
C. It will appreciate the three mitigating circumstances only as one.
D. It will appreciate passion or obfuscation and vindication of a grave offense as
just one mitigating circumstance and voluntary surrender as another.
47. The aggravating circumstance of uninhabited place is aggravating in murder
committed
A. on a banca far out at sea.
B. in a house located in cul de sac.
C. in a dark alley in Tondo.
D. in a partly occupied condominium building.
48. The penalty of perpetual or temporary special disqualification for the exercise
of the right of suffrage does NOT deprive the offender of the right
A. to be elected to a public office.
B. to vote in any popular election for a public office.
C. to vote in a plebiscite.
D. to hold any public office.
49. Without meaning anything, Z happened to stare into the eye of one of four
men hanging out by a store which he passed. Taking offense, the four mauled
and robbed him of his wages. Z went home, took a knife, and stabbed one of his
attackers to death. Charged with murder, Z may raise the mitigating
circumstance of
A. praeter intentionem.
dishonor.
59. X and his step-father have a long-standing enmity. One day, irked by an
argument with his step-father, X smashed the windshield of his step-fathers
brand new Audi sports car. X is liable for
A. malicious mischief.
B. malicious mischief with the alternative mitigating circumstance of relationship.
C. malicious mischief with the alternative aggravating circumstance of
relationship.
D. the civil damage he caused.
60. The classification of felonies into grave, less grave, and light is important in
ascertaining
A. if certain crimes committed on the same occasion can be complexed.
B. the correct penalty for crimes committed through reckless imprudence.
C. whether the offender is liable as an accomplice.
D. what stage of the felony has been reached.
61. A child in conflict with the law shall enjoy all the rights of a child until
A. he is found to have acted with discernment.
B. his minority is setoff by some aggravating circumstance.
C. he is proved to be 18 years or older.
D. he forfeits such rights by gross misconduct and immorality.
62. Mr. P owns a boarding house where he knowingly allowed children to be
videotaped while simulating explicit sexual activities. What is Mr. P's criminal
liability, if any?
A. Corruption of minors under the Penal Code
B. Violation of the Child Pornography Act
C. Violation of the Child Abuse Law
D. None
63. W allowed a man to have sex with her thinking that he was her husband.
After realizing that the man was not her husband, W stabbed him to death.
Under the circumstances, the mitigating circumstance in attendance constitutes
A. defense of honor.
B. immediate vindication of a grave offense.
C. passion or obfuscation.
D. self-defense.
64. The prescriptive period for bigamy is 15 years counted from the date of the
A. discovery of the second marriage by the offended spouse.
B. registration of the second marriage in the Local Civil Registry.
C. celebration or solemnization of the second marriage.
D. discovery of the second marriage by the authorities.
65. After properly waiving his Miranda rights, the offender led the police to where
he buried the gun he used in shooting the victim. How does this affect his
liability?
A. This serves as an analogous mitigating circumstance of voluntary surrender.
B. It has no effect at all since the law provides none.
C. He is considered to have confessed to murder.
D. This serves as aggravating circumstance of concealment of weapon.
66. A qualifying aggravating circumstance
A. changes the description and the nature of the offense.
B. increases the penalty to its next degree but absorbs all the other aggravating
circumstances.
C. raises the penalty by two periods higher.
D. is one which applies only in conjunction with another aggravating
circumstance.
67. X inflicted serious injuries on Y. Because of delay in providing medical
treatment to Y, he died. Is X criminally liable for the death of Y?
A. Yes because the delay did not break the causal connection between X's
felonious act and the injuries sustained by Y.
B. Yes because any intervening cause between the infliction of injury and death
is immaterial.
C. No because the infliction of injury was not the immediate cause of the death.
D. No because the delay in the administration of the medical treatment was an
intervening cause.
68. In an attempted felony, the offenders preparatory act
A. itself constitutes an offense.
offender is forgiven by
A. the offenders wife who herself is the rape victim.
B. his wife for having raped another woman.
C. the rape victims husband.
D. the rape victim herself.
71. A battered woman claiming self-defense under the Anti-Violence against
Women and Children must prove that the final acute battering episode was
preceded by
A. 3 battering episodes.
B. 4 battering episodes.
C. 5 battering episodes.
D. 2 battering episodes.
72. A special complex crime is a composite crime
A. made up of 2 or more crimes defined in the Penal Code.
B. with its own definition and special penalty provided by the Penal Code.
C. with its own definition and special penalty provided by a special penal law.
D. made up of 2 or more crimes defined in the Penal Code and special penal
laws.
73. What court has jurisdiction when an Indonesian crew murders the Filipino
captain on board a vessel of Russian registry while the vessel is anchored
outside the breakwaters of the Manila bay?
5. Lennie bought a business class ticket from Alta Airlines. As she checked in,
the manager downgraded her to economy on the ground that a Congressman
had to be accommodated in the business class. Lennie suffered the discomfort
and embarrassment of the downgrade. She sued the airlines for quasi-delict but
Alta Airlines countered that, since her travel was governed by a contract between
them, no quasi-delict could arise. Is the airline correct?
A. No, the breach of contract may in fact be tortious as when it is tainted as in
this case with arbitrariness, gross bad faith, and malice.
B. No, denying Lennie the comfort and amenities of the business class as
provided in the ticket is a tortious act.
C. Yes, since the facts show a breach of contract, not a quasi-delict.
D. Yes, since quasi-delict presupposes the absence of a pre-existing contractual
relation between the parties.
6. Which of the following is an indispensable requirement in an action for
quieting of title involving real property? The plaintiff must
A. be in actual possession of the property.
B. be the registered owner of the property.
C. have legal or equitable title to the property.
D. be the beneficial owner of the property.
7. X and Y were to marry in 3 months. Meantime, to express his affection, X
donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took possession of the property. Before the
wedding, however, Y suddenly died of heart attack. Can Ys heirs get the
property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely donated the property to Y who became its owner.
8. Rene and Lily got married after a brief courtship. After one month, Lily
discovered that while Rene presented himself as a macho man he was actually
gay. He would not go to bed with her. He kept obscene magazines of nude men
and always sought the company of handsome boys. What legal remedy does
Lily have?
A. She can file an action for annulment of marriage on ground of fraud.
B. She can seek a declaration of nullity of the marriage based on Renes
psychological incapacity.
C. She can go abroad and file for divorce in a country that can grant it.
D. She has none since she had the opportunity to examine the goods and freely
entered into the marriage.
9. Lucio executed a simple deed of donation of P50 million on time deposit with a
bank in favor of A, B, C, D, and E, without indicating the share of each donee.
All the donees accepted the donation in writing. A, one of the donees, died. Will
B, C, D, and E get As share in the money?
A. Yes, accretion will automatically apply to the joint-donees in equal shares.
B. Yes, since the donors intention is to give the whole of P50 million to the
jointdonees in equal shares.
C. No, As share will revert to the donor because accretion applies only if the
joint-donees are spouses.
D. No, As share goes to his heirs since the donation did not provide for reversion
to donor.
10. Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before
the land could be partitioned, however, Raul sold his hereditary right to Raffy, a
stranger to the family, for P5 million. Do Ester and Rufus have a remedy for
keeping the land within their family?
A. Yes, they may be subrogated to Raffys right by reimbursing to him within the
required time what he paid Raul.
B. Yes, they may be subrogated to Raffys right provided they buy him out before
he registers the sale.
C. No, they can be subrogated to Raffys right only with his conformity.
D. No, since there was no impediment to Raul selling his inheritance to a
stranger.
11. When one exercises a right recognized by law, knowing that he thereby
causes an injustice to another, the latter is entitled to recover damages. This is
known as the principle of
C. unenforceable.
D. voidable.
20. An agent, authorized by a special power of attorney to sell a land belonging
to the principal succeeded in selling the same to a buyer according to the
instructions given the agent. The agent executed the deed of absolute sale on
behalf of his principal two days after the principal died, an event that neither the
agent nor the buyer knew at the time of the sale. What is the standing of the
sale?
A. Voidable.
B. Valid.
C. Void.
D. Unenforceable.
21. Spouses A and B leased a piece of land belonging to B's parents for 25
years. The spouses built their house on it worth P300,000.00. Subsequently, in
a case that C filed against A and B, the court found the latter liable to C for
P200,000.00. When the sheriff was attaching their house for the satisfaction of
the judgment, A and B claimed that it was exempt from execution, being a family
home. Is this claim correct?
A. Yes, because while Bs parents own the land, they agreed to have their
daughter build her family home on it.
B. No, because there is no judicial declaration that it is a family home.
C. No, since the land does not belong to A and B, it cannot qualify as a
family
home.
D. Yes, because the A and Bs family actually lives in that house.
22. Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable
in installments of P10 million per month with 6% interest per annum. Solomon
married Lorna after 5 months and they chose conjugal partnership of gains to
govern their property relations. When they married, Aragon had an unpaid
balance of P50 million plus interest in Solomons favor. To whom will Aragons
monthly payments go after the marriage?
A. The principal shall go to the conjugal partnership but the interests to Solomon.
B. Both principal and interests shall go to Solomon since they are his exclusive
properties.
C. Both principal and interests shall go to the conjugal partnership since these
become due after the marriage.
D. The principal shall go to Solomon but the interests to the conjugal partnership.
23. X and Y, although not suffering from any impediment, cohabited as husband
and wife without the benefit of marriage. Following the birth of their child, the
couple got married. A year after, however, the court annulled the marriage and
issued a decree of annulment. What is the present status of the child?
A. Legitimated.
B. Illegitimate.
C. Natural child.
D. Legitimate.
24. When A and B married, they chose conjugal partnership of gains to govern
their property relations. After 3 years, B succeeded in getting her marriage to A
annulled on ground of the latters psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
A. They will follow the rule governing the liquidation of a conjugal partnership of
gains where the party who acted in bad faith forfeits his share in the net profits.
B. Since the marriage has been declared void, the rule for liquidation of absolute
community of property shall be followed.
C. The liquidation of a co-ownership applies since the annulment brought their
property relation under the chapter on property regimes without marriage.
D. The law on liquidation of partnerships applies.
25. X and Y agreed verbally before their marriage (a) on the paternity of the
illegitimate child of Y and (b) on the economic regime that will govern X and Ys
property relations. Is the verbal agreement valid?
A. No, because a marriage settlement to be valid should be in writing.
B. Yes, since ante-nuptial agreements need not be in writing.
C. No, because a marriage settlement cannot include an agreement on the
paternity of an illegitimate child.
D. Yes, since even if it is not a valid marriage settlement, it is a valid verbal
contract.
26. Spouses X and Y have a minor daughter, Z, who needs support for her
education. Both X and Y, who are financially distressed, could not give the
needed support to Z. As it happens, Zs other relatives are financially capable of
giving that support. From whom may Z first rightfully demand support? From her
A. grandfather.
B. brother.
C. uncle.
D. first cousin.
27. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?
A. Illegitimate, because Gloria confessed that the child is not Fidels.
B. Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
C. Legitimate, because the child was born within a valid marriage.
D. Legitimate, because Fidel agreed to treat the child as his own after Gloria told
him who the father was.
28. The husbands acts of forcibly ejecting his wife without just cause from the
conjugal dwelling and refusing to take her back constitutes
A. desertion.
B. recrimination.
C. constructive abandonment.
D. de facto separation.
29. In his will, the testator designated X as a legatee to receive P2 million for the
purpose of buying an ambulance that the residents of his Barangay can use.
What kind of institution is this?
A. a fideicomissary institution.
B. a modal institution.
C. a conditional institution.
D. a collective institution.
30. X insured himself for P5 million, designating Y, his wife, as his sole
beneficiary. The designation was irrevocable. A few years later, X had their
marriage annulled in court on the ground that Y had an existing prior marriage. X
subsequently died, Is Y entitled to the insurance benefits?
A. Yes, since the insurance was not dependent on the marriage.
B. Yes, since her designation as beneficiary was irrevocable.
C. No, Xs designation of Y is revoked by operation of law upon the annulment of
their marriage based on Ys fault.
D. Yes, since without judicial revocation, Xs designation of Y remains valid and
binding.
31. May a spouse freely donate communal or conjugal property without the
consent of the other?
A. Absolutely not, since the spouses co-own such property.
B. Yes, for properties that the family may spare, regardless of value.
C. Yes, provided the donation is moderate and intended for charity or family
rejoicing.
D. Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
32. The decedent died intestate leaving an estate of P10 million. He left the
following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse.
Divide the estate.
A. Marlon gets 1/4 and Cecilia gets 3/4.
B. Marlon gets 2/3 and Cecilia 1/3.
C. Marlon gets 1/2 and Cecilia gets 1/2.
D. Marlon gets 3/4 and Cecilia 1/4.
33. Contracts take effect only between the parties or their assigns and heirs,
except where the rights and obligations arising from the contract are not
transmissible by their nature, by stipulation, or by provision of law. In the latter
case, the assigns or the heirs are not bound by the contracts. This is known as
the principle of
A. Relativity of contracts.
B. Freedom to stipulate.
C. Mutuality of contracts.
D. Obligatory force of contracts.
34. A buyer ordered 5,000 apples from the seller at P20 per apple. The seller
delivered 6,000 apples. What are the rights and obligations of the buyer?
A. He can accept all 6,000 apples and pay the seller at P20 per apple.
B. He can accept all 6,000 apples and pay a lesser price for the 1,000 excess
apples.
C. He can keep the 6,000 apples without paying for the 1,000 excess since the
seller delivered them anyway.
D. He can cancel the whole transaction since the seller violated the terms of their
agreement.
35. Lino entered into a contract to sell with Ramon, undertaking to convey to the
latter one of the five lots he owns, without specifying which lot it was, for the price
of P1 million. Later, the parties could not agree which of five lots he owned Lino
undertook to sell to Ramon. What is the standing of the contract?
A. Unenforceable.
B. Voidable.
C. Rescissible.
D. Void.
36. Knowing that the car had a hidden crack in the engine, X sold it to Y without
informing the latter about it. In any event, the deed of sale expressly stipulated
that X was not liable for hidden defects. Does Y have the right to demand from X
a reimbursement of what he spent to repair the engine plus damages?
A. Yes. X is liable whether or not he was aware of the hidden defect.
B. Yes, since the defect was not hidden; X knew of it but he acted in bad
faith
in
not disclosing the fact to Y.
C. No, because Y is in estoppel, having changed engine without prior demand.
D. No, because Y waived the warranty against hidden defects.
37. Acme Cannery produced sardines in cans known as Sards. Mylene bought
a can of Sards from a store, ate it, and suffered from poisoning caused by a
noxious substance found in the sardines. Mylene filed a case for damages
against Acme. Which of the following defenses will hold?
A. The expiry date of the Sards was clearly printed on its can, still the store sold
B. It is donation propter nuptias since it was given with the marriage in mind.
C. It is an indirect donation propter nuptias since the bride would eventually
inherit the property from her parents.
D. It is a remunatory donation.
41. X and Y, both Filipinos, were married and resided in Spain although they
intend to return to the Philippines at some future time. They have not executed
any marriage settlements. What law governs their property relations?
A. They may choose between Spanish law and Philippine law.
B. Philippine law since they are both Filipinos.
C. No regime of property relations will apply to them.
D. Spanish law since they live in Spain.
42. Birth determines personality. Death extinguishes it. Under what
circumstances may the personality of a deceased person continue to exist?
A. In case of re-appearance of a missing person presumed dead.
B. In protecting the works of a deceased under intellectual property laws.
C. In case of declaration of presumptive death of a missing spouse.
D. In the settlement of the estate of a deceased person.
43. Six tenants sued X, the landowner, for willfully denying them water for their
farms, which water happened to flow from land under Xs control, his intention
being to force them to leave his properties. Is X liable for his act and why?
A. No, because the tenants must be content with waiting for rainfall for their
farms.
B. No, since X owns both the land and the water.
C. Yes, because the tenants farms have the natural right of access to water
wherever it is located.
D. Yes, since X willfully caused injury to his tenants contrary to morals, good
customs or public policy.
44. Illegitimate brothers and sisters, whether of full or half-blood, are bound to
support each other, EXCEPT when
A. the brother or sister who needs support lives in another place.
B. such brothers and sisters are not recognized by their father.
C. the brother or sister in need stops schooling without valid reason.
D. the need for support of a brother or sister, already of age, is due to the latter's
fault.
45. Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year
old child, surreptitiously entered the garden and merrily romped around the
ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MBs
parents sued Virgilio for damages arising from their childs death, premised on
the principle of attractive nuisance. Is Virgilio liable for the death of MB?
A. No, the child was 7 years old and knew the dangers that the pool offered.
B. Yes, being an attractive nuisance, Virgilio had the duty to prevent children from
coming near it.
C. No, since the pool was bare and had no enticing or alluring gadgets, floats, or
devices in it
D. Yes, since Virgilio did not cover the swimming pool while not in use to prevent
children from falling into it.
46. The term of a 5-year lease contract between X the lessor and Y the lessee,
where rents were paid from month to month, came to an end. Still, Y continued
using the property with Xs consent. In such a case, it is understood that they
impliedly renewed the lease
A. from month to month under the same conditions as to the rest.
B. under the same terms and conditions as before.
C. under the same terms except the rent which they or the court must fix.
D. for only a year, with the rent raised by 10% pursuant to the rental control law.
47. Rex, a philanthropist, donated a valuable lot to the municipality on the
condition that it will build a public school on such lot within 2 years from its
acceptance of the donation. The municipality properly accepted the donation but
did not yet build the public school after 2 years. Can Rex revoke the donation?
A. Yes, since the donation is subject to a resolutory condition which was not
fulfilled.
B. No, but Rex is entitled to recover the value of the land from the municipality.
C. No, the transfer of ownership has been completed.
D. Yes, the donation is not deemed made until the suspensive condition has
been fulfilled.
48. Illegitimate children, those not recognized by their biological fathers, shall use
the surname of their
A. biological father subject to no condition.
B. mother or biological father, at the mothers discretion.
C. mother.
D. biological father unless he judicially opposes it.
49. Asiong borrowed P1 million from a bank, secured by a mortgage on his land.
Without his consent, his friend Boyong paid the whole loan. Since Asiong
benefited from the payment, can Boyong compel the bank to subrogate him in its
right as mortgagee of Asiong's land?
A. No, but the bank can foreclose and pay Boyong back.
B. No, since Boyong paid for Asiongs loan without his approval.
C. Yes, since a change of creditor took place by novation with the banks
consent.
D. Yes, since it is but right that Boyong be able to get back his money and, if not,
to foreclose the mortgage in the manner of the bank.
50. Congress passed a law imposing taxes on income earned out of a particular
activity that was not previously taxed. The law, however, taxed incomes already
earned within the fiscal year when the law took effect. Is the law valid?
A. No, because laws are intended to be prospective, not retroactive.
B. No, the law is arbitrary in that it taxes income that has already been spent.
C. Yes, since tax laws are the lifeblood of the nation.
D. Yes, tax laws are an exception; they can be given retroactive effect.
51. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as
solidary creditors. When the loan matured, Rodrigo wrote a letter to Rudolf,
demanding payment of the loan directly to him. Before Rudolf could comply,
Fernando went to see him personally to collect and he paid him. Did Rudolf
make a valid payment?
A. No, since Rudolf should have split the payment between Rodrigo and
Fernando.
B. No, since Rodrigo, the other solidary creditor, already made a prior demand
for payment from Rudolf.
particular date. Y did not, however, appear on the agreed date to take delivery of
the rice. After one week, X automatically rescinded the sale without notarial
notice to Y. Is the rescission valid?
A. Yes, automatic rescission is allowed since, having the character of movables
and consumables, rice can easily deteriorate.
B. No, the buyer is entitled to a customary 30-day extension of his obligation to
take delivery of the goods.
C. No, since there was no express agreement regarding automatic rescission.
D. No, the seller should first determine that Y was not justified in failing to appear.
59. The wife filed a case of legal separation against her husband on the ground
of sexual infidelity without previously exerting earnest efforts to come to a
compromise with him. The judge dismissed the case for having been filed
without complying with a condition precedent. Is the dismissal proper?
A. No, efforts at a compromise will only deepen the wifes anguish.
B. No, since legal separation like validity of marriage is not subject to
compromise agreement for purposes of filing.
C. Yes, to avoid a family feud that is hurtful to everyone.
D. Yes, since the dispute could have been settled with the parties agreeing to
legal separation.
60. An Australian living in the Philippines acquired shares of stock worth P10
million in food manufacturing companies. He died in Manila, leaving a legal wife
and a child in Australia and a live-in partner with whom he had two children in
Manila. He also left a will, done according to Philippine laws, leaving all his
properties to his live-in partner and their children. What law will govern the
validity of the disposition in the will?
A. Australia law since his legal wife and legitimate child are Australians and
domiciled in Australia.
B. Australian law since the intrinsic validity of the provisions of a will is governed
by the decedents national law.
C. Philippine law since the decedent died in Manila and he executed his will
according to such law.
D. Philippine law since the decedents properties are in the Philippines.
61. X bought a land from Y, paying him cash. Since they were friends, they did
not execute any document of sale. After 7 years, the heirs of X asked Y to
execute a deed of absolute sale to formalize the verbal sale to their father.
Unwilling to do so, Xs heirs filed an action for specific performance against Y.
Will their action prosper?
A. No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
B. No, since the sale cannot under the Statute of Frauds be enforced.
C. Yes, since X bought the land and paid Y for it.
D. Yes, after full payment, the action became imprescriptible.
62. A court declared Ricardo, an old bachelor, an absentee and appointed Cicero
administrator of his property. After a year, it was discovered that Ricardo had
died abroad. What is the effect of the fact of his death on the administration of
his property?
A. With Ricardo no longer an absentee but a deceased person, Cicero will cease
to be administrator of his properties.
B. The administration shall be given by the court having jurisdiction over the
intestate proceedings to a new administrator whom it will appoint.
C. Cicero automatically becomes administrator of Ricardos estate until judicially
relieved.
D. Ciceros alienations of Ricardo's property will be set aside.
63. Baldo, a rejected suitor, intimidated Judy into marrying him. While she
wanted to question the validity of their marriage two years after the intimidation
ceased, Judy decided in the meantime to freely cohabit with Baldo. After more
than 5 years following their wedding, Judy wants to file a case for annulment of
marriage against Baldo on ground of lack of consent. Will her action prosper?
A. Yes, the action for annulment is imprescriptible.
B. No, since the marriage was merely voidable and Judy ratified it by freely
cohabiting with
C. No, since the action prescribed 5 years from the date of the celebration of the
marriage.
D. Yes, because the marriage was celebrated without Judy's consent freely
given.
64. Is the wife who leaves her husband without just cause entitled to support?
A. No, because the wife must always be submissive and respectful to the
husband.
B. Yes. The marriage not having been dissolved, the husband continues to have
an obligation to support his wife.
C. No, because in leaving the conjugal home without just cause, she forfeits her
right to support.
D. Yes, since the right to receive support is not subject to any condition.
65. In the order of intestate succession where the decedent is legitimate, who is
the last intestate heirs or heir who will inherit if all heirs in the higher level are
disqualified or unable to inherit?
A. Nephews and nieces.
B. Brothers and sisters.
C. State.
D. Other collateral relatives up to the 5th degree of consanguinity.
66. Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat
docked in Subic. Before they could deliver it, however, the boat sank in a storm.
The contract provides that fortuitous event shall not exempt Roy and Carlos from
their obligation. Owing to the loss of the motor boat, such obligation is deemed
converted into one of indemnity for damages. Is the liability of Roy and Carlos
joint or solidary?
A. Neither solidary nor joint since they cannot waive the defense of fortuitous
event to which they are entitled.
B. Solidary or joint upon the discretion of Sam.
C. Solidary since Roy and Carlos failed to perform their obligation to deliver the
motor boat.
D. Joint since the conversion of their liability to one of indemnity for damages
made it joint.
67. Joanne married James, a person with no known relatives. Through James'
hard work, he and his wife Joane prospered. When James died, his estate alone
amounted to P100 million. If, in his will, James designates Joanne as his only
instrument in favor of his sister QY who accepted the waiver in writing. But as it
happened, ML borrowed P6 million from PF before the waiver. PF objected to
the waiver and filed an action for its rescission on the ground that he had the
right to MLs P5 million legitime as partial settlement of what ML owed him since
ML has proved to be insolvent. Does PF, as creditor, have the right to rescind the
waiver?
A. No, because the waiver in favor of his sister QY amounts to a donation and
she already accepted it.
B. Yes, because the waiver is prejudicial to the interest of a third person whose
interest is recognized by law.
C. No, PF must wait for ML to become solvent and, thereafter, sue him for the
unpaid loan.
D. Yes, because a legitime cannot be waived in favor of a specific heir; it must be
divided among all the other heirs.
72. While engaged to be married, Arnold and Josephine agreed in a public
instrument to adopt out the economic regime of absolute community of property.
Arnold acknowledged in the same instrument that Josephines daughter Mary, is
his illegitimate child. But Josephine died before the marriage could take place.
Does the marriage settlement have any significance?
A. None, since the instrument containing the marriage settlement is essentially
void for containing an unrelated matter.
B. Yes, insofar as Arnold acknowledged Mary as his illegitimate child.
C. None, since the marriage did not take place.
D. Yes, if they acquired properties while living together as husband and wife.
73. Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in
Illinois, USA, where the marriage was valid. Their parents gave full consent to
the marriage of their children. After three years, Joseph filed a petition in the
USA to promptly divorce Jenny and this was granted. When Joseph turned 25
years, he returned to the Philippines and married Leonora. What is the status of
this second marriage?
A. Void, because he did not cause the judicial issuance of declaration of the
nullity of his first marriage to Jenny before marrying Leonora.
of his properties.
B. Voidable, since his consent to the donation is vitiated by mindless kindness.
C. Void, since it amounts to wanton expenditure beyond his means.
D. Reducible to the extent that the donations impaired the support due to himself
and his dependents.
81. Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on
due date. Bessy sent a demand letter to Anne giving her 5 days from receipt
within which to pay. Two days after receipt of the letter, Anne personally offered
to pay Bessy in manager's check but the latter refused to accept the same. The
5 days lapsed. May Annes obligation be considered extinguished?
A. Yes, since Bessys refusal of the managers check, which is presumed funded,
amounts to a satisfaction of the obligation.
B. No, since tender of payment even in cash, if refused, will not discharge the
obligation without proper consignation in court.
C. Yes, since Anne tendered payment of the full amount due.
D. No, since a managers check is not considered legal tender in the Philippines.
82. The residents of a subdivision have been using an open strip of land as
passage to the highway for over 30 years. The owner of that land decided,
however, to close it in preparation for building his house on it. The residents
protested, claiming that they became owners of the land through acquisitive
prescription, having been in possession of the same in the concept of owners,
publicly, peacefully, and continuously for more than 30 years. Is this claim
correct?
A. No, the residents have not been in continuous possession of the land since
they merely passed through it in going to the highway.
B. No, the owner did not abandon his right to the property; he merely tolerated
his neighbors use of it for passage.
C. Yes, residents of the subdivision have become owners by acquisitive
prescription.
D. Yes, community ownership by prescription prevails over private claims.
83. The owner of a thing cannot use it in a way that will injure the right of a third
person. Thus, every building or land is subject to the easement which prohibits its
B. equity of redemption.
C. pacto de retro.
D. right of redemption.
87. When does the regime of conjugal partnership of gains begin to exist?
A. At the moment the parties take and declare each other as husband and wife
before officiating officer.
B. At the time the spouses acquire properties through joint efforts.
C. On the date the future spouses executed their marriage settlements because
this is the starting point of their marital relationship.
D. On the date agreed upon by the future spouses in their marriage settlements
since their agreement is the law between them.
88. Josie, 18, married Dante, 25, without her parents knowledge and consent,
and lived with him. After a year, Josie returned to her parents home, complained
of the unbearable battering she was getting from Dante, and expressed a desire
to have her marriage with him annulled. Who may bring the action?
A. Dante.
B. Her parents.
C. Josie herself.
D. The State.
89. X, a married man, cohabited with Y, an unmarried woman. Their relation bore
them BB, a baby boy. Subsequently, after X became a widower, he married Y.
Was BB legitimated by that marriage?
A. Yes, since his parents are now lawfully married.
B. Yes, since he is an innocent party and the marriage rectified the wrong done
him.
C. No, since once illegitimate, a child shall always remain illegitimate.
D. No, since his parents were not qualified to marry each other when he was
conceived.
90. The presence of a vice of consent vitiates the consent of a party in a contract
and this renders the contract
A. Rescissible.
B. Unenforceable.
C. Voidable.
D. Void.
91. Can common-law spouses donate properties of substantial value to one
another?
A. No, they are only allowed to give moderate gifts to each other during family
rejoicing.
B. No, they cannot give anything of value to each other to prevent placing their
legitimate relatives at a disadvantage.
C. Yes, unlike the case of legally married spouses, such donations are not
prohibited.
D. Yes, as long as they leave sufficient property for themselves and for their
dependents.
92. X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will
provided that this legacy is to be set off against the P1.5 million X owed Y. After
the set off, X still owed Y P500,000. Can Y still collect this amount?
A. Yes, because the designation of Y as legatee created a new and separate
juridical relationship between them, that of testator-legatee.
B. It depends upon the discretion of the probate court if a claim is filed in the
testate proceedings.
C. No, because the intention of the testator in giving the legacy is to abrogate his
entire obligation to Y.
D. No, because X had no instruction in his will to deliver more than the legacy of
P1 million to Y.
93. Josie owned a lot worth P5 million prior to her marriage to Rey.
Subsequently, their conjugal partnership spent P3 million for the construction of a
house on the lot. The construction resulted in an increase in the value of the
house and lot to P9 million. Who owns the house and the lot?
A. Josie and the conjugal partnership of gains will own both on a 50-50 basis.
B. Josie will own both since the value of the house and the increase in the
propertys value is less than her lots value; but she is to reimburse conjugal
partnership expenses.
C. Josie still owns the lot, it being her exclusive property, but the house belongs
B. Yes, but the denial of his pre-emptive right extends only to 500 shares.
C. Yes, since the denial of the right under the By-laws is binding on T.
D. No, since pre-emptive rights are governed by the articles of incorporation.
5. M makes a promissory note that states: I, M, promise to pay Php5,000.00 to B
or bearer. Signed, M. M negotiated the note by delivery to B, B to N, and N to
O. B had known that M was bankrupt when M issued the note. Who would be
liable to O?
A. M and N since they may be assumed to know of M's bankruptcy
B. N, being O's immediate negotiator of a bearer note
C. B, M, and N, being indorsers by delivery of a bearer note
D. B, having known of M's bankruptcy
6. S delivered 10 boxes of cellphones to Trek Bus Liner, for transport from Manila to
Ilocos Sur on the following day, for which S paid the freightage. Meanwhile, the
boxes were stored in the bus liners bodega. That night, however, a robber broke
into the bodega and stole Ss boxes. S sues Trek Bus Liner for contractual breach
but the latter argues that S has no cause of action based on such breach since the
loss occurred while the goods awaited transport. Who is correct?
A. The bus liner since the goods were not lost while being transported.
B. S since the goods were unconditionally placed with T for transportation.
C. S since the freightage for the goods had been paid.
D. The bus liner since the loss was due to a fortuitous event.
7. X Corp. operates a call center that received orders for pizzas on behalf of Y Corp.
which operates a chain of pizza restaurants. The two companies have the same set
of corporate officers. After 2 years, X Corp. dismissed its call agents for no apparent
reason. The agents filed a collective suit for illegal dismissal against both X Corp.
and Y Corp. based on the doctrine of piercing the veil of corporate fiction. The
latter set up the defense that the agents are in the employ of X Corp. which is a
separate juridical entity. Is this defense appropriate?
A. No, since the doctrine would apply, the two companies having the same set of
corporate officers.
B. No, the real employer is Y Corp., the pizza company, with X Corp. serving as an
arm for receiving its outside orders for pizzas.
C. Yes, it is not shown that one company completely dominates the finances,
policies, and business practices of the other.
D. Yes, since the two companies perform two distinct businesses.
8. A negotiable instrument can be indorsed by way of a restrictive indorsement,
which prohibits further negotiation and constitutes the indorsee as agent of the
indorser. As agent, the indorsee has the right, among others, to
A. demand payment of the instrument only.
18. A holder in due course holds the instrument free from any defect of title of prior
parties and free from defenses available to prior parties among themselves. An
example of such a defense is A. fraud in inducement.
B. duress amounting to forgery.
C. fraud in esse contractus.
D. alteration.
19. In elections for the Board of Trustees of non-stock corporations, members may
cast as many votes as there are trustees to be elected but may not cast more than
one vote for one candidate. This is true A. unless set aside by the members in plenary session.
B. in every case even if the Board of Trustees resolves otherwise.
C. unless otherwise provided in the Articles of Incorporation or in the By-laws.
D. in every case even if the majority of the members decide otherwise during the
elections.
20. The rule is that the valuation of the shares of a stockholder who exercises his
appraisal rights is determined as of the day prior to the date on which the vote was
taken. This is true A. regardless of any depreciation or appreciation in the share's fair value.
B. regardless of any appreciation in the share's fair value.
C. regardless of any depreciation in the share's fair value.
D. only if there is no appreciation or depreciation in the share's fair value.
21. T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance
policies stated that the insurer shall answer for all damages due to perils of the sea.
One of the insured's ship, the MV Dona Priscilla, ran aground in the Panama Canal
when its engine pipes leaked and the oil seeped into the cargo compartment. The
leakage was caused by the extensive mileage that the ship had accumulated. May
the insurer be made to answer for the damage to the cargo and the ship?
A. Yes, because the insurance policy covered any or all damage arising from perils
of the sea.
B. Yes, since there appears to have been no fault on the part of the shipowner and
shipcaptain.
C. No, since the proximate cause of the damage was the breach of warranty of
seaworthiness of the ship.
D. No, since the proximate cause of the damage was due to ordinary usage of the
ship, and thus not due to a peril of the sea.
22. X has been a long-time household helper of Z. X's husband, Y, has also been Z's
long-time driver. May Z insure the lives of both X and Y with Z as beneficiary?
A. Yes, since X and Y render services to Z.
B. No, since X and Y have no pecuniary interest on the life of Z arising from their
employment with him.
C. No, since Z has no pecuniary interest in the lives of X and Y arising from their
employment with him.
D. Yes, since X and Y are Zs employees.
23. X, Co., a partnership, is composed of A (capitalist partner), B (capitalist partner)
and C (industrial partner). If you were partner A, who between B and C would you
have an insurable interest on, such that you may then insure him?
A. No one, as there is merely a partnership contract among A, B and C.
B. Both B and C, as they are your partners.
C. Only C, as he is an industrial partner.
D. Only B, as he is a capitalist partner.
24. X is the holder of an instrument payable to him (X) or his order, with Y as maker.
X then indorsed it as follows: Subject to no recourse, pay to Z. Signed, X. When Z
went to collect from Y, it turned out that Y's signature was forged. Z now sues X for
collection. Will it prosper?
A. Yes, because X, as a conditional indorser, warrants that the note is genuine.
B. Yes, because X, as a qualified indorser, warrants that the note is genuine.
C. No, because X made a qualified indorsement.
D. No, because a qualified indorsement does not include the warranty of
genuineness.
25. A bill of exchange has T for its drawee, U as drawer, and F as holder. When F
went to T for presentment, F learned that T is only 15 years old. F wants to recover
from U but the latter insists that a notice of dishonor must first be made, the
instrument being a bill of exchange. Is he correct?
A. Yes, since a notice of dishonor is essential to charging the drawer.
B. No, since T can waive the requirement of notice of dishonor.
C. No, since F can treat U as maker due to the minority of T, the drawee.
D. Yes, since in a bill of exchange, notice of dishonor is at all times required.
26. An insured, who gains knowledge of a material fact already after the effectivity
of the insurance policy, is not obliged to divulge it. The reason for this is that the
test of concealment of material fact is determined
A. at the time of the issuance of the policy.
B. at any time before the payment of premium.
C. at the time of the payment of the premium.
D. at any time before the policy becomes effective.
27. T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an Intensity
8 earthquake along the path of his ship. On waking up, he immediately ordered the
ship to return to port. True enough, the earthquake and tsunami struck three days
later and his ship was saved. Was the deviation proper?
A. Yes, because the deviation was made in good faith and on a reasonable ground
for believing that it was necessary to avoid a peril.
B. No, because no reasonable ground for avoiding a peril existed at the time of the
deviation.
C. No, because T relied merely on his supposed gift of prophecy.
D. Yes, because the deviation took place based on a reasonable belief of the
captain.
28. X, drawee of a bill of exchange, wrote the words: Accepted, with promise to
make payment within two days. Signed, X. The drawer questioned the acceptance
as invalid. Is the acceptance valid?
A. Yes, because the acceptance is in reality a clear assent to the order of the drawer
to pay.
B. Yes, because the form of the acceptance is really immaterial.
C. No, because the acceptance must be a clear assent to the order of the drawer to
pay.
D. No, because the document must not express that the drawee will perform his
promise within two days.
29. X came up with a new way of presenting a telephone directory in a mobile
phone, which he dubbed as the iTel and which uses lesser time for locating names
and telephone numbers. May X have his iTel copyrighted in his name?
A. No, because it is a mere system or method.
B. Yes, because it is an original creation.
C. Yes, because it entailed the application of X's intellect.
D. No, because it did not entail any application of X's intellect.
30. D, debtor of C, wrote a promissory note payable to the order of C. C's brother,
M, misrepresenting himself as Cs agent, obtained the note from D, then negotiated
it to N after forging C's signature. N indorsed it to E, who indorsed it to F, a holder in
due course. May F recover from E?
A. No, since the forgery of C's signature results in the discharge of E.
B. Yes, since only the forged signature is inoperative and E is bound as indorser.
C. No, since the signature of C, the payee, was forged.
D. Yes, since the signature of C is immaterial, he being the payee.
31. A material alteration of an instrument without the assent of all parties liable
thereon results in its avoidance, EXCEPT against a
A. prior indorsee.
B. subsequent acceptor.
C. subsequent indorser.
D. prior acceptor.
32. X constituted a chattel mortgage on a car (valued at Php1 Million pesos) to
secure a P500,000.00 loan. For the mortgage to be valid, X should have
A. the right to mortgage the car to the extent of half its value.
B. ownership of the car.
C. unqualified free disposal of his car.
D. registered the car in his name.
33. B borrowed Php1 million from L and offered to him his BMW car worth Php1
Million as collateral. B then executed a promissory note that reads: I, B, promise to
pay L or bearer the amount of Php1 Million and to keep my BMW car (loan collateral)
free from any other encumbrance. Signed, B. Is this note negotiable?
A. Yes, since it is payable to bearer.
B. Yes, since it contains an unconditional promise to pay a sum certain in money.
C. No, since the promise to just pay a sum of money is unclear.
D. No, since it contains a promise to do an act in addition to the payment of money.
34. A bank can be placed under receivership when, if allowed to continue in
business, its depositors or creditors would incur
A. probable losses
B. inevitable losses
C. possible losses
D. a slight chance of losses
35. EFG Foundation, Inc., a non-profit organization, scheduled an election for its sixmember Board of Trustees. X, Y and Z, who are minority members of the foundation,
wish to exercise cumulative voting in order to protect their interest, although the
Foundation's Articles and By-laws are silent on the matter. As to each of the three,
what is the maximum number of votes that he/she can cast?
A. 6
B. 9
C. 12
D. 3
36. If the drawer and the drawee are the same person, the holder may present the
instrument for payment without need of a previous presentment for acceptance. In
such a case, the holder treats it as a
A. non-negotiable instrument.
B. promissory note.
C. letter of credit.
D. check.
37. D draws a bill of exchange that states: One month from date, pay to B or his
order Php100,000.00. Signed, D. The drawee named in the bill is E. B negotiated
the bill to M, M to N, N to O, and O to P. Due to non-acceptance and after
proceedings for dishonor were made, P asked O to pay, which O did. From whom
may O recover?
A. B, being the payee
B. N, as indorser to O
C. E, being the drawee
D. D, being the drawer
38. T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter
disputing a columnists claim about an incident in the attorneys family. T used the
law firms letterhead and its computer in preparing the letter. T also requested the
firms messenger to deliver the letter to the publisher. Who owns the copyright to
the letter?
A. T, since he is the original creator of the contents of the letter.
B. Both T and the publisher, one wrote the letter to the other who has possession
of it.
C. The law office since T was an employee and he wrote it on the firms letterhead.
D. The publisher to whom the letter was sent.
39. E received goods from T for display and sale in E's store. E was to turn over to T
the proceeds of any sale and return the ones unsold. To document their agreement,
E executed a trust receipt in Ts favor covering the goods. When E failed to turn
over the proceeds from his sale of the goods or return the ones unsold despite
demand, he was charged in court for estafa. E moved to dismiss on the ground that
his liability is only civil. Is he correct?
A. No, since he committed fraud when he promised to pay for the goods and did not.
B. No, since his breach of the trust receipt agreement subjects him to both civil and
criminal liability for estafa.
C. Yes, since E cannot be charged with estafa over goods covered a trust receipt.
D. Yes, since it was merely a consignment sale and the buyer could not pay.
40. The authorized alteration of a warehouse receipt which does not change its
tenor renders the warehouseman liable according to the terms of the receipt
A. in its original tenor if the alteration is material.
B. in its original tenor.
C. as altered if there is fraud.
D. as altered.
41. Any agreement binding upon the holder to extend the time of payment or to
postpone the holder's right to enforce the instrument results in the discharge of
the party secondarily liable unless made with the latter's consent. This
agreement refers to one which the holder made with the
A. principal debtor.
B. principal creditor.
C. secondary creditor.
D. secondary debtor.
42. Upon execution of a trust receipt over goods, the party who is obliged to
release such goods and who retains security interest on those goods, is called
the
A. holder.
B. shipper.
C. entrustee.
D. entrustor.
43. X, warehouseman, sent a text message to Y, to whom X had issued a
warehouse receipt for Y's 500 sacks of corn, notifying him of the due date and
time to settle the storage fees. The message stated also that if Y does not settle
the warehouse charges within 10 days, he will advertise the goods for sale at a
public auction. When Y ignored the demand, X sold 100 sacks of corn at a public
auction. For Xs failure to comply with the statutory requirement of written notice
to satisfy his lien, the sale of the 100 sacks of corn is
A. voidable.
B. rescissible.
C. unenforceable.
D. void.
44. On June 1, 2011, X mailed to Y Insurance, Co. his application for life
insurance, with payment for 5 years of premium enclosed in it. On July 21, 2011,
the insurance company accepted the application and mailed, on the same day,
its acceptance plus the cover note. It reached X's residence on August 11, 2011.
Page 9 of 22Bar Examination Questionnaire for Commercial Law
Set A
But, as it happened, on August 4, 2011, X figured in a car accident. He died a
on the ground that it cannot be made earlier than 5 years prior to the expiration
date of the corporate term, which is June 1, 2014. Is this SEC disapproval
correct?
A. No, since the 5-year rule on amendment of corporate term applies only to
extension, not to shortening, of term.
B. Yes, any amendment affecting corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
C. No, since a corporation can in fact have a corporate life of 50 years.
D. Yes, the amendment to shorten corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
48. B, while drunk, accepted a passenger in his taxicab. B then drove the taxi
Page 10 of 22Bar Examination Questionnaire for Commercial Law
Set A
recklessly, and inevitably, it crashed into an electric post, resulting in serious
physical injuries to the passengers. The latter then filed a suit for tort against B's
operator, A, but A raised the defense of having exercised extraordinary diligence
in the safety of the passenger. Is his defense tenable?
A. Yes, as a common carrier can rebut the presumption of negligence by raising
such a defense.
B. No, as in tort actions, the proper defense is due diligence in the selection and
supervision of the employee by the employer.
C. No, as B, the common carrier's employee, was obviously negligent due to his
intoxication.
D. Yes, as a common carrier can invoke extraordinary diligence in the safety of
passengers in tort cases.
49.X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010.
On April 11, 2010, X resigned and was replaced by R, who assumed as director
on May 17, 2010. On Nov. 21, 2010, R died. S was then elected in his place.
Until which time should S serve as director?
A. April 11, 2011.
B. Feb. 1, 2011.
C. May 17, 2011.
A. already knows of the dishonor and it makes no sense to notify him of it.
B. is bound to make the acceptance in all cases.
C. has no reason to expect the dishonor of the instrument.
D. must be made to account for all his actions.
53. Eagleson Refillers, Co., a firm that sells water to the public, opposes the
trade name application of Eagleson Laundry, Co., on the ground that such trade
name tends to deceive trade circles or confuse the public with respect to the
water firms registered trade name. Will the opposition prosper?
A. Yes, since such use is likely to deceive or confuse the public.
B. Yes, since both companies use water in conducting their business.
C. No, since the companies are not engaged in the same line of business.
D. No, since the root word Eagle is a generic name not subject to registration.
54. For a constructive total loss to exist in marine insurance, it is required that the
person insured relinquish his interest in the thing insured. This relinquishment
must be
A. actual.
B. constructive first and if it fails, then actual.
C. either actual or constructive.
D. constructive.
55. The Corporation Code sanctions a contract between two or more
corporations which have interlocking directors, provided there is no fraud that
attends it and it is fair and reasonable under the circumstances. The interest of
an interlocking director in one corporation may be either substantial or nominal. It
is nominal if his interest:
A. does not exceed 25% of the outstanding capital stock.
B. exceeds 25% of the outstanding capital stock.
C. exceeds 20% of the outstanding capital stock.
D. does not exceed 20% of the outstanding capital stock.
56. X, an amateur astronomer, stumbled upon what appeared to be a massive
volcanic eruption in Jupiter while peering at the planet through his telescope. The
following week, X, without notes, presented a lecture on his findings before the
Association of Astronomers of the Philippines. To his dismay, he later read an
Where the insurer was made to pay the insured for a loss covered by the
insurance contract, such insurer can run after the third person who caused the
loss through subrogation. What is the basis for conferring the right of subrogation
to the insurer?
A. Their express stipulation in the contract of insurance.
B. The equitable assignment that results from the insurers payment of the
insured.
C. The insureds formal assignment of his right to indemnification to the insurer.
D. The insureds endorsement of its claim to the insurer.
61. X invented a device which, through the use of noise, can recharge a
cellphone battery. He applied for and was granted a patent on his device,
effective within the Philippines. As it turns out, a year before the grant of X's
patent, Y, also an inventor, invented a similar device which he used in his
cellphone business in Manila. But X files an injunctive suit against Y to stop him
from using the device on the ground of patent infringement. Will the suit
prosper?
Page 13 of 22Bar Examination Questionnaire for Commercial Law
Set A
A. No, since the correct remedy for X is a civil action for damages.
B. No, since Y is a prior user in good faith.
C. Yes, since X is the first to register his device for patent registration.
D. Yes, since Y unwittingly used Xs patented invention.
62. P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit
(MRT) bought two tokens or tickets, one for her ride to work and another for her
ride home. She got to her flower shop where she usually worked from 8 a.m. to
5 p.m. At about 3 p.m., while P was attending to her duties at the flower shop,
two crews of the MRT got into a fight near the flower shop, causing injuries to P
in the process. Can P sue the MRT for contractual breach as she was within the
MRT premises where she would shortly take her ride home?
A. No, since the incident took place, not in an MRT train coach, but at the MRT
station.
B. No, since P had no intention to board an MRT train coach when the incident
occured.
C. Yes, since she already had a ticket for her ride home and was in the MRTs
premises at the time of the incident.
D. Yes, since she bought a round trip ticket and MRT had a duty while she was at
its station to keep her safe for her return trip.
63. Forgery of bills of exchange may be subdivided into, a) forgery of an
indorsement on the bill and b) forgery of the drawer's signature, which may either
be with acceptance by the drawee, or
A. with acceptance but the bill is paid by the drawee.
B. without acceptance but the bill is paid by the drawer.
C. without acceptance but the bill is paid by the drawee.
D. with acceptance but the bill is paid by the drawer.
64.
without the insurer's consent, such provision being valid and reasonable, a
violation by the insured
A. reduces the value of the policy.
B. avoids the policy.
C. offsets the value of the policy with the additional insurancess value.
D. forfeits premiums already paid.
65. X found a check on the street, drawn by Y against ABC Bank, with Z as
payee. X forged Z's signature as an indorser, then indorsed it personally and
delivered it to DEF Bank. The latter, in turn, indorsed it to ABC Bank which
charged it to the Ys account. Y later sued ABC Bank but it set up the forgery as
its defense. Will it prosper?
A. No, since the payee's signature has been forged.
B. No, since Ys remedy is to run after the forger, X.
C. Yes, since forgery is only a personal defense.
D. Yes, since ABC Bank is bound to know the signature of Y, its client.
66. The rule is that no stock dividend shall be issued without the approval of
Page 14 of 22Bar Examination Questionnaire for Commercial Law
Set A
stockholders representing at least 2/3 of the outstanding capital stock at a regular
or special meeting called for the purpose. As to other forms of dividends:
A. a mere majority of the entire Board of Directors applies.
B. a mere majority of the quorum of the Board of Directors applies.
C. a mere majority of the votes of stockholders representing the outstanding
capital stock applies.
D. the same rule of 2/3 votes applies.
67. X, at Ys request, executed a Real Estate Mortgage (REM) on his (Xs) land
to secure Y's loan from Z. Z successfully foreclosed the REM when Y defaulted
on the loan but half of Y's obligation remained unpaid. May Z sue X to enforce
his right to the deficiency?
A. Yes, but solidarily with Y.
B. Yes, since Xs is deemed to warrant that his land would cover the whole
obligation.
C. No, since it is the buyer at the auction sale who should answer for the
deficiency.
D. No, because X is not Zs debtor.
68. May a publicly listed universal bank own 100% of the voting stocks in
another universal bank and in a commercial bank?
A. Yes, if with the permission of the Bangko Sentral ng Pilipinas.
B. No, since it has no power to invest in equities.
C. Yes, as there is no prohibition on it.
D. No, since under the law, the 100% ownership on voting stocks must be in
either bank only.
69. Perils of the ship, under marine insurance law, refer to loss which in the
ordinary course of events results from
A. natural and inevitable actions of the sea.
B. natural and ordinary actions of the sea.
C. unnatural and inevitable actions of the sea.
D. unnatural and ordinary actions of the sea.
70. Under the Intellectual Property Code, lectures, sermons, addresses or
dissertations prepared for oral delivery, whether or not reduced in writing or other
material forms, are regarded as
A. non-original works.
B. original works.
C. derivative works.
D. not subject to protection.
71. Can a drawee who accepts a materially altered check recover from the holder
and the drawer?
A. No, he cannot recover from either of them.
B. Yes from both of them.
Page 15 of 22Bar Examination Questionnaire for Commercial Law
Set A
C. Yes but only from the drawer.
D. Yes but only from the holder.
72. The rule is that the intentional cancellation of a person secondarily liable
results in the discharge of the latter. With respect to an indorser, the holder's right
to cancel his signature is:
A. without limitation.
B. not limited to the case where the indorsement is necessary to his title.
C. limited to the case where the indorsement is not necessary to his title.
D. limited to the case where the indorsement is necessary to his title.
73. X, in the hospital for kidney dysfunction, was about to be discharged when
he met his friend Y. X told Y the reason for his hospitalization. A month later, X
applied for an insurance covering serious illnesses from ABC Insurance, Co.,
where Y was working as Corporate Secretary. Since X had already told Y about
his hospitalization, he no longer answered a question regarding it in the
application form. Would this constitute concealment?
A. Yes, since the previous hospitalization would influence the insurer in deciding
whether to grant X's application.
B. No, since Y may be regarded as ABCs agent and he already knew of Xs
previous hospitalization.
C. Yes, it would constitute concealment that amounts to misrepresentation on X's
part.
D. No, since the previous illness is not a material fact to the insurance coverage.
74. Several American doctors wanted to set up a group clinic in the Philippines
so they could render modern medical services. If the clinic is to be incorporated
under our laws, what is the required foreign equity participation in such a
corporation?
A. 40%
B. 0%
C. 60%
D. 70%
75. X executed a promissory note in favor of Y by way of accommodation. It
says: Pay to Y or order the amount of Php50,000.00. Signed, X. Y then
indorsed the note to Z, and Z to T. When T sought collection from Y, the latter
countered as indorser that there should have been a presentment first to the
maker who dishonors it. Is Y correct?
A. No, since Y is the real debtor and thus, there is no need for presentment for
payment and dishonor by the maker.
B. Yes, since as an indorser who is secondarily liable, there must first be
presentment for payment and dishonor by the maker.
C. No, since the absolute rule is that there is no need for presentment for
payment and dishonor to hold an indorser liable.
D. Yes, since the secondary liability of Y and Z would only arise after
presentment for payment and dishonor by the maker.
Page 16 of 22Bar Examination Questionnaire for Commercial Law
Set A
76. The Board of Directors of XYZ Corp. unanimously passed a Resolution
approving the taking of steps that in reality amounted to willful tax evasion. On
discovering this, the government filed tax evasion charges against all the
companys members of the board of directors. The directors invoked the defense
that they have no personal liability, being mere directors of a fictional being. Are
they correct?
A. No, since as a rule only natural persons like the members of the board of
nationalization laws.
D. No, since an insurance company should be 100% owned by Filipinos.
83. Under the Public Service Act, an administrative agency has the power to
approve provisionally the rates of public utilities without a hearing in case of
urgent public needs. The exercise of this power is
A. supervisory.
B. absolute.
C. discretionary.
D. mandatory.
84. X, creditor of Y, obtained a judgment in his favor in connection with Y's
unpaid loan to him. The court's sheriff then levied on the goods that Y stored in
T's warehouse, for which the latter issued a warehouse receipt. A month before
the levy, however, Z bought the warehouse receipt for value. Who has a better
right over the goods?
A. T, being the warehouseman with a lien on the goods
B. Z, being a purchaser for value of the warehouse receipt
C. X, being Ys judgment creditor
D. Y, being the owner of the goods
Page 18 of 22Bar Examination Questionnaire for Commercial Law
Set A
85. A promissory note states, on its face: I, X, promise to pay Y the amount of
Php 5,000.00 five days after completion of the on-going construction of my
house. Signed, X. Is the note negotiable?
A. Yes, since it is payable at a fixed period after the occurrence of a specified
event.
B. No, since it is payable at a fixed period after the occurrence of an event which
may not happen.
C. Yes, since it is payable at a fixed period or determinable future time.
D. No, since it should be payable at a fixed period before the occurrence of a
specified event.
86. P sold to M a pair of gecko (tuko) for Php50,000.00. M then issued a
promissory note to P promising to pay the money within 90 days. Unknown to P
and M, a law was passed a month before the sale that prohibits and declares
void any agreement to sell gecko in the country. If X acquired the note in good
faith and for value, may he enforce payment on it?
A. No, since the law declared void the contract on which the promissory note was
founded.
B. No, since it was not X who bought the gecko.
C. Yes, since he is a holder in due course of a note which is distinct from the sale
of gecko.
D. Yes, since he is a holder in due course and P and M were not aware of the law
that prohibited the sale of gecko.
87. P authorized A to sign a bill of exchange in his (Ps) name. The bill reads:
Pay to B or order the sum of Php1 million. Signed, A (for and in behalf of P).
The bill was drawn on P. B indorsed the bill to C, C to D, and D to E. May E treat
the bill as a promissory note?
A. No, because the instrument is payable to order and has been indorsed several
times.
B. Yes, because the drawer and drawee are one and the same person.
C. No, because the instrument is a bill of exchange.
D. Yes, because A was only an agent of P.
88. Z wrote out an instrument that states: Pay to X the amount of Php1 Million
for collection only. Signed, Z. X indorsed it to his creditor, Y, to whom he owed
Php1 million. Y now wants to collect and satisfy X's debt through the Php1
million on the check. May he validly do so?
A. Yes, since the indorsement to Y is for Php1 Million.
B. No, since Z is not a party to the loan between X and Y.
C. No, since X is merely an agent of Z, his only right being to collect.
D. Yes, since X owed Y Php1 Million.
89. X Shipping, Co., insured its vessel MV Don Teodoro for Php100 Million with
ABC Insurance, Co. through T, an agent of X Shipping. During a voyage, the
vessel accidentally caught fire and suffered damages estimated at Php80 Million.
T personally informed ABC Insurance that X Shipping was abandoning the ship.
Page 19 of 22Bar Examination Questionnaire for Commercial Law
Set A
Later, ABC insurance denied X Shippings claim for loss on the ground that a
notice of abandonment through its agent was improper. Is ABC Insurance right?
A. Yes, since X Shipping should have ratified its agents action.
B. No, since T, as agent of X Shipping who procured the insurance, can also give
notice of abandonment for his principal.
C. Yes, since only the agent of X Shipping relayed the fact of abandonment.
D. No, since in the first place, the damage was more than of the ship's value.
90. A law was passed disqualifying former members of Congress from sitting in
the Board of Directors of government-owned or controlled corporations. Because
of this, the Board of Directors of ABC Corp., a government-owned and controlled
corporation, disqualified C, a former Congressman, from continuing to sit as one
of its members. C objected, however, insisting that under the Corporation Code
members of the board of directors of corporations may only be removed by vote
of stockholders holding 2/3 of its outstanding capital stock in a regular or special
meeting called for that purpose. Is C correct?
A. Yes, since the new law cannot be applied to members of the board of directors
already elected prior to its passage.
B. No, since the disqualification takes effect by operation of law, it is sufficient
that he was declared no longer a member of the board.
C. Yes, since the provisions of the Corporation Code applies as well to
government-owned and controlled corporations.
D. No, since the board has the power to oust him even without the new law.
91. 002-38-0001
who promised to pay once he has sold all the rice. H meantime delivered the
goods to W, a warehouseman, who issued a warehouse receipt. Without the
knowledge of G and W, H negotiated the receipt to P who acquired it in good
faith and for value. P then claimed the goods from W, who released them. After
the rice was loaded on a ship bound for Manila, G invokes his right to stop the
goods in transit due to his unpaid lien. Who has a better right to the rice?
A. RIGHT ANSWER P, since he has superior rights as a purchaser for value and
in good faith.
B. Yes, as long as the indorser received value for the conditional indorsement.
C. Yes, whether or not the indorser received value for the conditional
indorsement.
D. Yes, whether or not the indorser received value for the restrictive indorsement.
96. X issued a check in favor of his creditor, Y. It reads: Pay to Y the amount of
Seven Thousand Hundred Pesos (Php700,000.00). Signed, X. What amount
should be construed as true in such a case?
A. Php700,000.00.
B. Php700.00.
C. Php7,000.00.
D. Php700,100.00.
97. Shipowner X, in applying for a marine insurance policy from ABC, Co., stated
that his vessel usually sails middle of August and with normally 100 tons of
cargo. It turned out later that the vessel departed on the first week of September
and with only 10 tons of cargo. Will this avoid the policy that was issued?
A. Yes, because there was breach of implied warranty.
B. No, because there was no intent to breach an implied warranty.
C. Yes, because it relates to a material representation.
D. No, because there was only representation of intention.
98. The Articles of Incorporation of ABC Transport Co., a public utility, provides
for ten (10) members in its Board of Directors. What is the prescribed minimum
number of Filipino citizens in its Board?
A. 10
B. 6
Page 21 of 22Bar Examination Questionnaire for Commercial Law
Set A
C. 7
D. 5
99. P authorized A to sign a negotiable instrument in his (Ps) name. It reads:
Pay to B or order the sum of Php1 million. Signed, A (for and in behalf of P).
The instrument shows that it was drawn on P. B then indorsed to C, C to D, and
D to E. E then treated it as a bill of exchange. Is presentment for acceptance
gross sales.
5. Amaretto, Inc., imported 100 cases of Marula wine from South Africa. The
shipment was assessed duties and value-added taxes of P300,000 which Amaretto,
Inc. immediately paid. The Bureau of Customs did not, however, issue the release
papers of the shipment yet since the Food and Drug Administration (FDA) needed to
test the suitability of the wine for human consumption. Is the Bureau of Customs at
fault for refusing to release the shipment just as yet?
A. Yes, because the importation was already terminated as a result of the payment
of the taxes due.
B. Yes, the Bureau of Customs is estopped from holding the release of the shipment
after receiving the payment.
C. No, if the amount paid as duties and value-added taxes due on the importation
was insufficient.
D. No, because the Bureau of Customs has not yet issued the legal permit for
withdrawal pending the FDA's findings.
6. Which theory in taxation states that without taxes, a government would be
paralyzed for lack of power to activate and operate it, resulting in its destruction?
A. Power to destroy theory
B. Lifeblood theory
C. Sumptuary theory
D. Symbiotic doctrine
7. The spouses Helena and Federico wanted to donate a parcel of land to their son
Dondon who is getting married in December, 2011. The parcel of land has a zonal
valuation of P420,000.00. What is the most efficient mode of donating the
property?
A. The spouses should first donate in 2011 a portion of the property valued at
P20,000.00 then spread the P400,000.00 equally for 2012, 2013, 2014 and 2015.
B. Spread the donation over a period of 5 years by the spouses donating
P100,000.00 each year from 2011 to 2015.
C. The spouses should each donate a P110,000.00 portion of the value of the
property in 2011 then each should donate P100,000.00 in 2012.
D. The spouses should each donate a P100,000.00 portion of the value of the
property in 2011, and another P100,000.00 each in 2012. Then, in 2013, Helena
should donate the remaining P20,000.00.
8. Mia, a compensation income earner, filed her income tax return for the taxable
year 2007 on March 30, 2008. On May 20, 2011, Mia received an assessment notice
and letter of demand covering the taxable year 2007 but the postmark on the
envelope shows April 10, 2011. Her return is not a false and fraudulent return. Can
Mia raise the defense of prescription?
A. No. The 3 year prescriptive period started to run on April 15, 2008, hence, it
has not yet
expired on April 10, 2011.
B. Yes. The 3 year prescriptive period started to run on April 15, 2008, hence, it had
already expired by May 20, 2011.
C. No. The prescriptive period started to run on March 30, 2008, hence, the 3 year
period expired on April 10, 2011.
D. Yes. Since the 3-year prescriptive period started to run on March 30, 2008, it
already expired by May 20, 2011.
9. Double taxation in its general sense means taxing the same subject twice during
the same taxing period. In this sense, double taxation
A. violates substantive due process.
B. does not violate substantive due process.
C. violates the right to equal protection.
D. does not violate the right to equal protection.
10. The payor of passive income subject to final tax is required to withhold the tax
from the payment due the recipient. The withholding of the tax has the effect of
A. a final settlement of the tax liability on the income.
B. a credit from the recipient's income tax liability.
C. consummating the transaction resulting in an income.
D. a deduction in the recipient's income tax return.
11. Guidant Resources Corporation, a corporation registered in Norway, has a 50
MW electric power plant in San Jose, Batangas. Aside from Guidant's income from
its power plant, which among the following is considered as part of its income from
sources within the Philippines?
A. Gains from the sale to an Ilocos Norte power plant of generators bought from the
United States.
B. Interests earned on its dollar deposits in a Philippine bank under the Expanded
Foreign Currency Deposit System.
C. Dividends from a two-year old Norwegian subsidiary with operations in Zambia
but derives 60% of its gross income from the Philippines.
D. Royalties from the use in Brazil of generator sets designed in the Philippines by
its engineers.
12. Tong Siok, a Chinese billionaire and a Canadian resident, died and left assets in
China valued at P80 billion and in the Philippines assets valued at P20 billion. For
Philippine estate tax purposes the allowable deductions for expenses, losses,
indebtedness, and taxes, property previously taxed, transfers for public use, and the
share of his surviving spouse in their conjugal partnership amounted to P15 billion.
Tong's gross estate for Philippine estate tax purposes is
A. P20 billion.
B. P5 billion.
C. P100 billion.
D. P85 billion.
13. Anktryd, Inc., bought a parcel of land in 2009 for P7 million as part of its
inventory of real properties. In 2010, it sold the land for P12 million which was its
zonal valuation. In the same year, it incurred a loss of P6 million for selling another
parcel of land in its inventory. These were the only transactions it had in its real
estate business. Which of the following is the applicable tax treatment?
A. Anktryd shall be subject to a tax of 6% of P12 million.
B. Anktryd could deduct its P6 million loss from its P5 million gain.
C. Anktryd's gain of P5 million shall be subject to the holding period.
D. Anktryd's P6 million loss could not be deducted from its P5 million gain.
14. Aplets Corporation is registered under the laws of the Virgin Islands. It has
extensive operations in Southeast Asia. In the Philippines, Its products are imported
and sold at a mark-up by its exclusive distributor, Kim's Trading, Inc. The BIR
compiled a record of all the imports of Kim from Aplets and imposed a tax on Aplets
net income derived from its exports to Kim. Is the BIR correct?
A. Yes. Aplets is a non-resident foreign corporation engaged in trade or business in
the Philippines.
B. No. The tax should have been computed on the basis of gross revenues and not
net income.
C. No. Aplets is a non-resident foreign corporation not engaged in trade or business
in the Philippines.
D. Yes. Aplets is doing business in the Philippines through its exclusive distributor
Kim's Trading. Inc.
15. In 2009, Spratz, Inc.s net profit before tax was P35 million while its operating
expenses was P31 million. In 2010, its net profit before tax was P40 million and its
operating expenses was P38 million. It did not declare dividends for 2009 and
2010. And it has no proposed capital expenditures for 2011 and the immediate
future. May Spratz be subject to the improperly accumulated tax on its retained
profits for 2009 and 2010?
A. Yes, since the accumulated amounts are reasonable for operations in relation to
what it usually needed annually.
B. Yes, since the accumulation is not reasonably necessary for the immediateneeds
of the business.
C. No, because there is no showing that the taxpayer's 2009 and 2010 net profit
before tax exceeded its paid-up capital.
D. No, because the taxpayer is not shown to be a publicly-listed corporation, a bank,
or an insurance company.
16. The actual effort exerted by the government to effect the exaction of what is
due from the taxpayer is known as
A. assessment.
B. levy.
C. payment.
D. collection.
17. Although the power of taxation is basically legislative in character, it is NOT the
function of Congress to
A. fix with certainty the amount of taxes.
B. collect the tax levied under the law.
C. identify who should collect the tax.
D. determine who should be subject to the tax.
18. Passive income includes income derived from an activity in which the earner
does not have any substantial participation. This type of income is
A. usually subject to a final tax.
B. exempt from income taxation.
C. taxable only if earned by a citizen.
D. included in the income tax return.
19. In 2010, Juliet Ulbod earned P500,000.00 as income from her beauty parlor and
received P250,000.00 as Christmas gift from her spinster aunt. She had no other
receipts for the year. She spent P150,000.00 for the operation of her beauty parlor.
For tax purposes, her gross income for 2010 is
A. P750,000.00.
B. P500,000.00.
C. P350,000.00.
D. P600,000.00.
20. Exempted from donors taxation are gifts made
A. for the use of the barangay.
B. in consideration of marriage.
C. to a school which is a stock corporation.
D. to a for-profit government corporation.
21. Federico, a Filipino citizen, migrated to the United States some six years ago
and got a permanent resident status or green card. He should pay his Philippine
income taxes on
A. the gains derived from the sale in California, U.S.A. of jewelry he purchased in the
Philippines.
B. the proceeds he received from a Philippine insurance company as the sole
beneficiary of life insurance taken by his father who died recently.
C. the gains derived from the sale in the New York Stock Exchange of shares ofstock
in PLDT, a Philippine corporation.
D. dividends received from a two year old foreign corporation whose gross income
was derived solely from Philippine sources.
22. An example of a tax where the concept of progressivity finds application is the
27. In January 2011, the BIR issued a ruling that Clemen's vodka imports were not
subject to increased excise tax based on his claim that his net retail price was only
P200 per 750 milliliter bottle. This ruling was applied to his imports for May,June,
and July 2011. In September 2011, the BIR revoked its ruling and assessed him for
deficiency taxes respecting his May, June and July 2011 vodka imports because it
discovered that his net retail price for the vodka was P250 per bottle from January
to September 2011. Does the retroactive application of the revocation violate
Clemen's right to due process as a taxpayer?
A. Yes, since the presumption is that the BIR ascertained the facts before it made its
ruling.
B. No, because he acted in bad faith when he claimed a lower net retail price than
what he actually used.
C. No, since he could avail of remedies available for disputing the assessment.
D. Yes, since he had already acquired a vested right in the favorable BIR ruling.
28. Don Fortunato, a widower, died in May, 2011. In his will, he left his estate of
P100 million to his four children. He named his compadre, Don Epitacio, to be the
administrator of the estate. When the BIR sent a demand letter to Don Epitacio for
the payment of the estate tax, he refused to pay claiming that he did not benefit
from the estate, he not being an heir. Forthwith, he resigned as administrator. As a
result of the resignation, who may be held liable for the payment of the estate tax?
A. Don Epitacio since the tax became due prior to his resignation.
B. The eldest child who would be reimbursed by the others.
C. All the four children, the tax to be divided equally among them.
D. The person designated by the will as the one liable.
29. On July 31, 2011, Esperanza received a preliminary assessment notice from the
BIR demanding that she pays P180,000.00 deficiency income taxes on her 2009
income. How many days from July 31, 2011 should Esperanza respond to the
notice?
A. 180 days.
B. 30 days.
C. 60 days.
D. 15 days.
30. The BIR could not avail itself of the remedy of levy and distraint to implement,
through collection, an assessment that has become final, executory, and
demandable where
A. the subject of the assessment is an income tax.
B. the amount of the tax involved does not exceed P100.00.
C. the corporate taxpayer has no other uncollected tax liability.
D. the taxpayer is an individual compensation income earner.
35. Which among the following taxpayers is required to use only the calendar year
for tax purposes?
A. Partnership exclusively for the design of government infrastructure projects
considered as practice of civil engineering.
B. Joint-stock company formed for the purpose of undertaking construction projects.
C. Business partnership engaged in energy operations under a service contract with
the government.
D. Joint account (cuentas en participacion) engaged in the trading of mineral ores.
36. Spanflex Intl Inc. received a notice of assessment from the BIR. It seasonably
filed a protest with all the necessary supporting documents but the BIR failed to act
on the protest. Thirty days from the lapse of 180 days from the filing of its protest,
Spanflex still has not elevated the matter to the CTA. What remedy, if any, can
Spanflex take?
A. It may file a motion to admit appeal if it could prove that its failure to appeal was
due to the negligence of counsel.
B. It may no longer appeal since there is no BIR decision from which it could appeal.
C. It may wait for the final decision of the BIR on his protest and appeal it to the CTA
within 30 days from receipt of such decision.
D. None. Its right to appeal to the CTA has prescribed.
37. Gerardo died on July 31, 2011. His estate tax return should be filed within
A. six months from filing of the notice of death.
B. sixty days from the appointment of an administrator.
C. six months from the time he died on July 31, 2011.
D. sixty days from the time he died on July 31, 2011.
38. Income from dealings in property (real, personal, or mixed) is the gain or loss
derived
A. only from the cash sales of property.
B. from cash and gratuitous receipts of property.
C. from sale and lease of property.
D. only from the sale of property.
39. In March 2009, Tonette, who is fond of jewelries, bought a diamond ring for
P750,000.00, a bracelet for P250,000.00, a necklace for P500,000.00, and a brooch
for P500,000.00. Tonette derives income from the exercise of her profession as a
licensed CPA. In October 2009, Tonette sold her diamond ring, bracelet, and
necklace for only P1.25 million incurring a loss of P250,000.00. She used the P1.25
million to buy a solo diamond ring in November 2009 which she sold for P1.5 million
in September 2010. Tonette had no other transaction in jewelry in 2010. Which
among the following describes the tax implications arising from the above
transactions?
A. Tonette may deduct his 2009 loss only from her 2009 professional income.
B. Tonette may carry over and deduct her 2009 loss only from her 2010 gain.
C. Tonette may carry over and deduct her 2009 loss from her 2010 professional
income as well as from her gain.
D. Tonette may not deduct her 2009 loss from both her 2010 professional income
and her gain.
40. Anion, Inc. received a notice of assessment and a letter from the BIR demanding
the payment of P3 million pesos in deficiency income taxes for the taxable year
2008. The financial statements of the company show that it has been suffering
financial reverses from the year 2009 up to the present. Its asset position shows
that it could pay only P500,000.00 which it offered as a compromise to the BIR.
Which among the following may the BIR require to enable it to enter into a
compromise with Anion, Inc.?
A. Anion must show it has faithfully paid taxes before 2009.
B. Anion must promise to pay its deficiency when financially able.
C. Anion must waive its right to the secrecy of its bank deposits.
D. Anion must immediately deposit the P500,000.00 with the BIR.
41. Real property owned by the national government is exempt from real property
taxation unless the national government
A. transfers it for the use of a local government unit.
B. leases the real property to a business establishment.
C. gratuitously allows its use for educational purposes by a school established for
profit.
D. sells the property to a government-owned non-profit corporation.
42. Dondon and Helena were legally separated. They had six minor children, all
qualified to be claimed as additional exemptions for income tax purposes. The
court awarded custody of two of the children to Dondon and three to Helena, with
Dondon directed to provide full financial support for them as well. The court
awarded the 6th child to Dondon's father with Dondon also providing full financial
support. Assuming that only Dondon is gainfully employed while Helena is
not, for how many children could Dondon claim additional exemptions when he
files his income tax return?
Page 9 of 16Bar Examination Questionnaire for Taxation
Set A
A. Six children.
B. Five children.
C. Three children.
D. Two children.
43. Political campaign contributions are NOT deductible from gross income
A. if they are not reported to the Commission on Elections.
B. if the candidate supported wins the election because of possible corruption.
C. since they do not help earn the income from which they are to be deducted.
D. since such amounts are not considered as income of the candidate to whom
given.
44. When a BIR decision affirming an assessment is appealed to the CTA, the
BIR's power to garnish the taxpayer's bank deposits
A. is suspended to await the finality of such decision.
B. is suspended given that the CTA can reverse BIR decisions when prejudicial
to the taxpayer.
C. is not suspended because only final decisions of the BIR are subject to
appeal.
D. is not suspended since the continued existence of government depends on
tax revenues.
45. Real property taxes should not disregard increases in the value of real
property occurring over a long period of time. To do otherwise would violate the
canon of a sound tax system referred to as
A. theoretical justice.
B. fiscal adequacy.
C. administrative feasibility.
D. symbiotic relationship.
46. The power to tax is the power to destroy. Is this always so?
A. No. The Executive Branch may decide not to enforce a tax law which it
believes to be confiscatory.
B. Yes. The tax collectors should enforce a tax law even if it results to the
destruction of the property rights of a taxpayer.
C. Yes. Tax laws should always be enforced because without taxes the very
existence of the State is endangered.
D. No. The Supreme Court may nullify a tax law, hence, property rights are not
affected.
47. Jeopardy assessment is a valid ground to compromise a tax liability
A. involving deficiency income taxes only, but not for other taxes.
B. because of doubt as to the validity of the assessment.
C. if the compromise amount does not exceed 10% of the basic tax.
D. only when there is an approval of the National Evaluation Board.
48. Zygomite Minerals, Inc., a corporation registered and holding office in
Page 10 of 16Bar Examination Questionnaire for Taxation
Set A
Australia, not operating in the Philippines, may be subject to Philippine income
taxation on
A. gains it derived from sale in Australia of an ore crusher it bought from the
Philippines with the proceeds converted to pesos.
B. gains it derived from sale in Australia of shares of stock of Philex Mining
Corporation, a Philippine corporation.
C. dividends earned from investment in a foreign corporation that derived 40% of
its gross income from Philippine sources.
D. interests derived from its dollar deposits in a Philippine bank under the
Expanded Foreign Currency Deposit System.
49. As a general rule, within what period must a taxpayer elevate to the Court of
Tax Appeals a denial of his application for refund of income tax overpayment?
A. Within 30 days from receipt of the Commissioners denial of his application for
refund.
B. Within 30 days from receipt of the denial which must not exceed 2 years from
payment of income tax.
C. Within 2 years from payment of the income taxes sought to be refunded.
D. Within 30 days from receipt of the denial or within two years from payment.
50. After the province has constructed a barangay road, the Sangguniang
Panglalawigan may impose a special levy upon the lands specifically benefitted
by the road up to an amount not to exceed
A. 60% of the actual cost of the road without giving any portion to the barangay.
B. 100% of the actual project cost without giving any portion to the barangay.
C. 100% of the actual project cost, keeping 60% for the province and giving 40%
to the barangay.
D. 60% of the actual cost, dividing the same between the province and the
barangay.
51. Celia donated P110,000.00 to her friend Victoria who was getting married.
Celia gave no other gift during the calendar year. What is the donor's tax
implication on Celias donation?
A. The P100,000.00 portion of the donation is exempt since given in
consideration of marriage.
B. A P10,000.00 portion of the donation is exempt being a donation in
consideration of marriage.
C. Celia shall pay a 30% donor's tax on the P110,000.00 donation.
D. The P100,000.00 portion of the donation is exempt under the rate schedule for
donor's tax.
52. Levox Corporation wanted to donate P5 million as prize money for the world
professional billiard championship to be held in the Philippines. Since the Billiard
Sports Confederation of the Philippines does not recognize the event, it was held
under the auspices of the International Professional Billiards Association, Inc. Is
Levox subject to the donor's tax on its donation?
A. No, so long as the donated money goes directly to the winners and not
Page 11 of 16Bar Examination Questionnaire for Taxation
Set A
through the association.
B. Yes, since the national sports association for billiards does not sanction the
event.
C. No, because it is donated as prize for an international competition under the
billiards association.
D. Yes, but only that part that exceeds the first P100,000.00 of total Levox
donations for the calendar year.
53. A violation of the tariff and customs laws is the failure to
A. pay the customs duties and taxes and to comply with the rules on customs
procedures.
B. pay the customs duties and taxes or to comply with the rules on customs
procedures.
C. pay the customs duties and taxes.
D. comply with the rules on customs procedures.
54. What is the effect on the tax liability of a taxpayer who does not protest an
assessment for deficiency taxes?
A. The taxpayer may appeal his liability to the CTA since the assessment is a
final decision of the Commissioner on the matter.
B. The BIR could already enforce the collection of the taxpayer's liability if it could
secure authority from the CTA.
C. The taxpayer's liability becomes fixed and subject to collection as the
assessment becomes final and collectible.
D. The taxpayer's liability remains suspended for 180 days from the expiration of
the period to protest.
55. A non-stock, non-profit school always had cash flow problems, resulting in
failure to recruit well-trained administrative personnel to effectively manage the
school. In 2010, Don Leon donated P100 million pesos to the school, provided
the money shall be used solely for paying the salaries, wages, and benefits of
administrative personnel. The donation represents less than 10% of Don Leon's
taxable income for the year. Is he subject to donor's taxes?
A. No, since the donation is actually, directly, and exclusively used for
educational purposes.
B. Yes, because the donation is to be wholly used for administration purposes.
C. Yes, since he did not obtain the requisite NGO certification before he made
the donation.
D. No, because the donation does not exceed 10% of his taxable income for
2010.
56. What is the tax base for the imposition by the province of professional taxes?
A. That which Congress determined.
B. The pertinent provision of the local Government Code.
C. The reasonable classification made by the provincial sanggunian.
D. Yes, since the leased portion is not actually, directly, and exclusively used for
educational purposes.
67. Apparently the law does not provide for the refund of real property taxes that
have been collected as a result of an erroneous or illegal assessment by the
provincial or city assessor. What should be done in such instance to avoid an
injustice?
A. Question the legality of the no-refund rule before the Supreme Court.
B. Enact a new ordinance amending the erroneous or illegal assessment to
correct the error.
C. Subsequent adjustment in tax computation and the application of the excess
payment to future real property tax liabilities.
D. Pass a new ordinance providing for the refund of real property taxes that have
been erroneously or illegally collected.
68. What should the BIR do when the prescriptive period for the assessment of a
tax deficiency is about to prescribe but the taxpayer has not yet complied with the
BIR requirements for the production of books of accounts and other records to
substantiate the claimed deductions, exemptions or credits?
A. Call the taxpayer to a conference to explain the delay.
B. Immediately conduct an investigation of the taxpayer's activities.
C. Issue a jeopardy assessment coupled with a letter of demand.
D. Issue a notice of constructive distraint to protect government interest.
69. Money collected from taxation shall not be paid to any religious dignitary
EXCEPT when
A. the religious dignitary is assigned to the Philippine Army.
B. it is paid by a local government unit.
C. the payment is passed in audit by the COA.
D. it is part of a lawmakers pork barrel.
70. Discriminatory duties may NOT be imposed upon articles
A. wholly manufactured in the discriminating country but carried by vessels of
another country.
B. not manufactured in the discriminating country but carried by vessels of such
country.
reveals that
A. the taxpayer has not been regularly filing its income tax returns for the past 4
years.
B. the taxpayer deliberately filed a false and fraudulent return with deliberate
intention to evade taxes.
C. the taxpayer used falsified documents to support its application for refund of
taxes.
D. there was an understatement of taxable sales or receipts by 30% or more for
the taxable
quarter.
75. The head priest of the religious sect Tres Personas Solo Dios, as the
corporation sole, rented out a 5,000 sq. m. lot registered in its name for use as
school site of a school organized for profit. The sect used the rentals for the
support and upkeep of its priests. The rented lot is
A. not exempt from real property taxes because the user is organized for profit.
B. exempt from real property taxes since it is actually, directly, and exclusively
used for religious purposes.
C. not exempt from real property taxes since it is the rents, not the land, that is
used for religious purposes.
D. exempt from real property taxes since it is actually, directly, and exclusively
used for educational purposes.
Page 16 of 16
asked the trial court to issue a temporary restraining order against CRP but this
was denied, prompting him to file a petition for certiorari with the Court of Appeals
to question the order of denial. At this point, RXU terminated Atty. Franciscos
services. When the parties later settled their dispute amicably, CRP paid RXU
P100 million. Because of this, Atty. Francisco came around and claimed a 15%
share in the amount. What should be his attorneys fees?
A. Nothing because the compromise came after RXU terminated him.
B. 15% of what CRP paid RXU or P15 million.
C. A reasonable amount that the court shall fix upon proof of quantum meruit.
D. Nothing since he was unable to complete the work stated in the retainer
contract.
4. Lee became a lawyer in 1988 under a claim that he is a Filipino like his
parents. Efren sought Lees disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an Albay regional trial courts final Bar
Examination Questionnaire for Legal Ethics
Set A
judgment in an action to recover real property which mentioned his citizenship as
Filipino. This final judgment resulted in the correction of his birth records in a
separate special proceeding to show he is a Filipino, not Chinese as there stated.
Is Lees claim to Filipino citizenship valid?
A. No, since the mention of his citizenship in the land case was just incidental.
B. No, since those rulings were not appealed to the Supreme Court.
C. Yes, because the rulings in his favor have become final and executory.
D. Yes, since his parents are Filipinos based on what he said in his bar exam
petition.
5. Sheryl, Eric's counsel, once asked for postponement and the court granted it
since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not
to allow any further postponements because his case has been pending for 8
years. When trial resumed, Bernadine moved to reset the trial because of her
infant's ailment. What must Sheryl do?
A. Remind the Court that it has the duty to promptly decide the case.
B. Interpose no objection since she too once sought postponement without
Bernadine's objection.
C. Vehemently oppose Bernadine's motion for being contrary to Eric's wishes.
D. Submit the motion to the Court's sound discretion.
6. In a verified complaint, Kathy said that Judge Florante decided a petition for
correction of entry involving the birth record of her grandson, Joshua, who
happened to be child of Judge Florante's daughter, Pilita. Judge Florante insisted
that he committed no wrong since the proceeding was non-adversarial and since
it merely sought to correct an erroneous entry in the childs birth certificate. Is
Judge Florante liable?
A. Yes, because Florante breached the rule on mandatory disqualification.
B. No, because Judge Florante has no pecuniary interest in the proceeding.
C. No, because it is true the proceeding was non-adversarial so it prejudiced no
one.
D. Yes, since the correction in the childs record affects the details of birth of the
child.
7. Which of the following statements best describes the distinct traditional dignity
that the legal profession enjoys over other professions?
A. People are quite dependent on lawyers for their skills in getting them out of
trouble with the law.
B. Its members strive to maintain honesty even in their private dealings.
C. Its members earn by charging specified emoluments or fees.
D. The profession is anchored on a fiduciary relation with the client.
8. Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of
the sellers were dead. Ely admitted that he notarized the deed of sale but only
after his client assured him that the signatures of the others were authentic.
Later, Raul moved to have the complaint against him dismissed on the ground
that it was filed because of a misunderstanding which had already been clarified.
This prompted the IBP to recommend the dismissal of the complaint. Can the
Page 2 of 12Bar Examination Questionnaire for Legal Ethics
Set A
dismissal be allowed?
A. No, unless the complainant executes an affidavit of desistance.
his register.
D. Notarizing a deed of sale for someone he knew without requiring any proof of
identity.
12. Justice Frank, a retired Court of Appeals justice, appeared before the
Supreme Court on behalf of Landbank, a government bank, in a case involving
the compensable value of the property taken from a landowner under the
agrarian reform law. The landowner questioned Justice Frank's appearance in
the case, pointing out that the same is unethical and smacks of opportunism
since he obviously capitalizes on his judicial experience. Is Justice Frank's
appearance in the case valid?
Page 3 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. Yes, because the law allows such appearance as long as the government is
not the adverse party.
B. No, because he cannot enjoy his retirement pay and at the same time work for
a government institution.
C. Yes, since Landbank does not perform government function.
D. No, he should have waited for at least a year to avoid improprieties.
13. On appeal, RTC Judge Rudy affirmed the MTCs conviction of Lorna for
violation of the bouncing checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon Lornas motion and after
ascertaining that her counsel never received the court's decision, Judge Rudy
recalled the entry of judgment in the case, reversed himself, and absolved Lorna
of guilt. Claiming an unjust judgment, Agnes filed an administrative complained
against Judge Rudy, saying that it is plain from the circumstances that he
connived with Lorna, her counsel, and the handling prosecutor. But she offered
no further evidence. Rudy denied the charges and asserted that any error in his
judgment is correctible only by an appeal, not by an administrative suit. Should
Judge Rudy be disciplined?
A. No, because Agnes' complaint is merely based on suspicions and
speculations.
B. No, because Agnes has yet to establish that Rudy's decision is plainly
erroneous.
C. Yes, because he gravely abused his discretion in recalling the entry of
judgment.
D. Yes, because reconsidering the judgment of conviction that the MTC and he
earlier issued shows anomaly in Judge Rudy's action.
14. After Atty. Benny got a P2 million final judgment in his clients favor, he
promptly asked the court, without informing his client, to allow him a charging lien
over the money in the amount of P500,000, his agreed fees, The Court issued a
writ of execution for the whole judgment in Atty. Benny's name with an order for
him to turn over the excess to his client. Is Atty. Bennys action correct?
A. No, since his fees are excessive.
B. Yes, since he was merely asserting his right to collect his fees.
C. Yes, since he would anyway give the excess to his client after getting his fees.
D. No, since he did not disclose to his client the matter of getting a charging lien
and a writ of execution in his name.
15. On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate
Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD between
faction A and faction B. Siding with the first, Atty. Chito filed several actions
against the members of faction B. Eventually, the court upheld Faction B which
thus revoked Atty. Chitos retainer on 14 January 2007. With OGCCs approval,
NWD hired Atty. Arthur in his place. When Atty. Arthur sought the dismissal of the
actions that Atty. Chito had instituted, the latter objected on the ground that his
term had not yet expired and Atty. Arthur had no vacancy to fill up. Is Atty. Chito
right?
Page 4 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. No, because Atty. Chitos continued appearances in the cases was without
authority since 14 January 2007.
B. No, because Atty. Arthur would have violated the rule on forum shopping.
C. Yes, because Atty. Chitos retainer and authority remained valid until 17 April
2006.
D. No, because Atty. Chito has the duty to expose the irregularities committed by
the members of Faction B.
16.Noel and Emily who were involved in a road accident sued Ferdie, the driver
of the other car, for damages. Atty. Jose represented only Noel but he called
Emily to testify for his client. During direct examination, Emily claimed that her
injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose
did not contest such claim. Ferdie later sued Emily for giving false testimony
since her own doctors report contradicted it. He also sued Atty. Jose for foisting
a false testimony in court. Is Atty. Jose liable?
A. No, because he did not knowingly arrange for Emily to lie in court.
B. Yes, because he did not advise his client to settle the case amicably.
C. No, because Emily did not permit him to reveal the falsity to the court.
D. Yes, because he knowingly let Emily's false testimony pass for truth.
17. In settling his client's claims, Atty. Cruz received from the adverse party
P200,000 in cash for his client. Which of the following is an IMPROPER way for
Atty. Cruz to handle the money?
A. Ask his client to prepare a check for his fees for swapping with the cash.
B. Deposit the cash in his own bank account and later issue his personal check
to his client, less his fees.
C. Turn over the cash to his client with a request that the latter pay him his fees.
D. Tell his client about the settlement and the cash and wait for the client's
instructions.
18. Judge Cristina has many law-related activities. She teaches law and delivers
lectures on law. Some in the government consult her on their legal problems.
She also serves as director of a stock corporation devoted to penal reform,
where she participates in both fund raising and fund management. Which of the
following statements applies to her case?
A. She should not engage in fund raising activities.
B. Her activities are acceptable except the part where she is involved in fund
management.
C. She can teach law and deliver lectures on law but not do the other things.
D. All of her activities are legal.
19. One of the foundation principles of the Bangalore Draft of the Code of
Judicial Conduct is the importance in a modern democratic society of
A. a judicial system that caters to the needs of the poor and the weak.
B. public confidence in its judicial system and in the moral authority and integrity
of its judiciary.
C. the existence of independent and impartial tribunals that have the support of
its government.
Page 5 of 12Bar Examination Questionnaire for Legal Ethics
Set A
D. judges who are learned in law and jurisprudence.
20. After representing Lenie in an important lawsuit from 1992 to 1995, Atty.
Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against Lenie. Such action involved certain
facts, some confidential, to which Atty. Jennifer was privy because she handled
Lenie's old case. Can Atty. Jennifer act as counsel for Evelyn?
A. No, but she can assist another lawyer who will handle the case.
B. Yes, but she must notify Lenie before accepting the case.
C. No, because her duty to keep the confidences of previous clients remains.
D. Yes, but she cannot reveal any confidential information she previously got.
21. Eric, a labor federation president, represented Luisa, a dismissed WXT
employee, before the NLRC. Atty. John represented Luisa's two cocomplainants. In
due course, the NLRC reinstated the three complainants with
backwages and awarded 25% of the backwages as attorneys fees, 15% for Atty.
John and 10% for Eric, a non-lawyer. When WXT appealed to the Court of
Appeals, Atty. John questioned Erics continued appearance before that court on
Luisas behalf, he not being a lawyer. Is Eric's appearance before the Court of
Appeals valid?
A. Yes, for Eric has a personal stake, the fees awarded to him, in defending the
NLRC's decision in the case.
B. No, since John can very well represent Luisa, she being in the same situation
as his own clients.
C. No, because the representation of another in courts can be entrusted only to
lawyers.
D. Yes, since that appeal is a mere continuation of the labor dispute that began at
the NLRC.
22. In what documented act will a notary publics failure to affix the expiration
date of his commission warrant administrative sanction?
A. In the jurat of a secretary's certificate.
B. In the will acknowledged before him.
C. In the signature witnessing he performed.
D. In the document copy he certified.
23. Provincial Governors and Municipal Mayors who are lawyers are MCLE
exempt because
A. they handle cases of their constituents for free.
B. the Local Government Code prohibits them from practicing their profession.
C. they are rendering public service.
D. As experts in local governance, it may be assumed that they are updated on
legal developments.
24. A difficult client directed his counsel to bring up to the Supreme Court the
trial courts dismissal of their action. Counsel believes that the trial court acted
correctly and that an appeal would be futile. Which of the following options
should counsel take?
Page 6 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. Withdraw from the case to temper the clients propensity to litigate.
B. Engage a collaborating counsel who can assist in the case.
C. Submit a new retainer proposal to the client for a higher fee.
D. Elevate the case to the Supreme Court as directed by client.
25. Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC
clerk of court, if the case records have already been remanded to the MTC as the
Court of Appeals directed. Lisa said no, saying that the RTC had not yet
received a certified copy of the Court of Appeals decision. When Lisa suggested
that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by
this, Lisa filed a disciplinary action against him for encroaching on the work of the
lawyers of record. Anthony defends his follow-up action by claiming good faith
and the possibility of entering his appearance later. Is Anthony liable for his
record follow up?
A. Yes, because he did not inform Lisa of the basis of his interest in the case.
B. Yes, because none of the parties to the case authorized him to do such followup.
C. No, because he acted in good faith with a view to a possible retainer.
D. No, because following up the records of any case does not constitute practice
of law.
26. Administrative proceedings against Judges of all courts and Justices of the
Court of Appeals and the Sandiganbayan shall be
A. private and confidential.
B. public but subdued.
C. private but transparent.
D. public.
27.When does the initial MCLE compliance period of a newly admitted member
of the bar begin?
A. On the first day of the month of his admission.
B. On the tenth day of the month of his admission.
C. On the third year after his admission as member.
D. On the first year of the next succeeding compliance period.
28. Counsel for Philzea Mining appealed a decision of the Bureau of Mines,
which was adverse to his client, to the Environment Secretary. At about the
same time, he filed a special civil action of certiorari with the Court of Appeals for
the annulment of the same decision. Did counsel commit any ethical impropriety
in his actions?
A. Yes, since the action he filed with the Court of Appeals was barred by the
pendency of a similar action before the Environment Secretary.
B. Yes, since he was evidently shopping for a sympathetic forum, a condemnable
practice.
C. No, since his appeal to the Environment Secretary was administrative, not
judicial.
D. No, since he has to exhaust all available remedies to serve his clients
post.
D. No, because she is free to include in her business cards details that say who
she is.
31. Serving as counsel de oficio, Atty. Mamerto advised John of the
consequences of his plea of not guilty to the charge. Before trial could be held,
however, the presiding judge died. As it happened, Atty. Mamerto was appointed
judge and Johns case was assigned to him by raffle. John quickly moved for the
judges disqualification. Is Judge Mamerto under obligation to inhibit himself from
the case?
A. No, because his service to John was just momentary.
46. Atty. Ramon borrowed his client's (Menchu) land title. After eight months,
Menchu demanded its return but he failed to comply and changed his residence.
After Menchu tracked him down, she confronted him about the title. He then
offered to just buy the property and gave her five checks for it but these bounced.
Charged with malpractice, Atty. Ramon answered that his license to practice law
cannot be in issue. He merely incurred civil liability for a failed transaction. Will
the malpractice action prosper?
A. No, because his failure to pay his obligation only makes him civilly liable.
B. No, since Menchu did not transact business with Atty. Ramon as a lawyer.
C. Yes, because it is professionally reprehensible for a lawyer to be unavailable
to a person in need.
D. Yes, he having taken advantage of Menchu who was not fully protected and
had no independent advice.
47. Atty. Alfredo Prado appeared in a case as legal officer of the Land
Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo
Prado from his province who had been dead for years. When Atty. Armando
checked with the Supreme Court, only one Alfredo Prado was in the roll of
attorneys. What action can Atty. Armado take against Vicente who had taken a
dead lawyers identity?
Page 11 of 12Bar Examination Questionnaire for Legal Ethics
Set A
A. File direct contempt action against Vicente for deceiving the court.
B. Criminally prosecute Vicente for estafa for making money upon false pretense.
C. Criminally prosecute Vicente for theft of Alfredo's identity and law practice.
D. Institute a disbarment case against Vicente for misrepresenting himself as
lawyer.
48. After the prosecution cross-examined Shiela, a witness for the accused,
Judge Pedro asked her ten additional questions that were so intense they made
her cry. One question forced Sheila to admit that her mother was living with
another man, a fact that weighed on the case of the accused. This prompted the
latters counsel to move to expunge the judges questions for building on the
prosecution's case. Judge Pedro denied the motion, insisting that bolstering a
partys case is incidental to the courts desire to be clarified. Did Pedro commit an
impropriety?
A. No, his ten questions could not be considered an undue intervention.
B. No, because the judge is free to inquire into any aspect of the case that would
clarify the evidence for him.
C.Yes, because he effectively deprived the defense of its right to due process
when he acted
D. Yes, because nothing connects his desire to be clarified with the questions he
asked.
49. Administrative penalties imposed on judges are
A. curative.
B. punitive.
C. corrective.
D. both punitive and corrective.
50. Which of the following demonstrates a lawyers fidelity to known practices
and customs of the bar regarding a case he is handling?
A. Treating his clients disclosures as confidential but not the documents he
submits for review.
B. Meeting with his clients opponent over lunch to discuss settlement without
telling his client.
C. Accepting a tough case although he is new in practice, trusting that his
diligence would make up for lack of experience.
D. Inviting the judge hearing the case to dinner with no purpose to discuss the
case with him.
Page 12 of 12
official seal.
13. Ramon witnessed the commission of a crime but he refuses to testify for fear
of his life despite a subpoena being served on him. Can the court punish him for
contempt?
A. No, since no person can be compelled to be a witness against another.
B. Yes, since public interest in justice requires his testimony.
C. No, since Ramon has a valid reason for not testifying.
D. Yes, since litigants need help in presenting their cases.
14. The right to intervene is not absolute. In general, it CANNOT be allowed
where
A. the intervenor has a common interest with any of the parties.
B. it would enlarge the issues and expand the scope of the remedies.
C. the intervenor fails to put up a bond for the protection of the other parties.
D. the intervenor has a stake in the property subject of the suit.
15. Which of the following grounds for dismissal invoked by the court will NOT
PRECLUDE the plaintiff from refiling his action?
A. Res judicata.
B. Lack of jurisdiction over the subject matter.
C. Unenforceability under the Statutes of Fraud.
D. Prescription.
16. When may a co-owner NOT demand the partition of the thing owned in
common?
A. When the creditor of one of the co-owners has attached the property.
B. When the property is essentially indivisible.
C. When related co-owners agreed to keep the property within the family.
D. When a co-owner uses the property as his residence.
17. The city prosecutor of Manila filed, upon Soledads complaint, a criminal
action for estafa against her sister, Wella, before the RTC of Manila for selling to
Victor a land that she previously sold to Soledad. At the same time Soledad filed
a civil action to annul the second sale before the RTC of Quezon City. May the
Manila RTC motu proprio suspend the criminal action on ground of prejudicial
question?
A. Yes, if it may be clearly inferred that complainant will not object to the
B. that the property has not been distrained for a tax assessment or placed
under custodia legis.
C. of the assessed value of the property.
D. that the applicant owns or has a right to the possession of the property.
21. 008-997-0001
police officers confiscated the drugs and the money and brought them to the
police station where they prepared the inventory duly signed by police officer
Oscar Moreno. They were, however, unable to take pictures of the items. Will
this deficiency destroy the chain of custody rule in the drug case?
A. No, a breach of the chain of custody rule in drug cases, if satisfactorily
explained, will not negate conviction.
B. No, a breach of the chain of custody rule may be offset by presentation in
court of the drugs.
C. Yes, chain of custody in drug cases must be strictly observed at all times to
preserve the integrity of the confiscated items.
D. Yes, compliance with the chain of custody rule in drug cases is the only way to
prove the accuseds guilt beyond reasonable doubt.
33. A sued B in the RTC of Quezon City, joining two causes of action: for
partition of real property and breach of contract with damages. Both parties
reside in Quezon City but the real property is in Manila. May the case be
dismissed for improper venue?
A. Yes, since causes of action pertaining to different venues may not be joined in
one action.
B. No, since causes of action pertaining to different venues may be joined in the
RTC if one of
C. Yes, because special civil action may not be joined with an ordinary civil
action.
D. No, since plaintiff may unqualifiedly join in one complaint as many causes of
action as he has against opposing party.
34. What is the doctrine of judicial stability or non interference?
A. Once jurisdiction has attached to a court, it can not be deprived of it by
subsequent happenings or events.
B. Courts will not hear and decide cases involving issues that come within the
jurisdiction of administrative tribunals.
C. No court has the authority to interfere by injunction with the judgment of
another court of coordinate jurisdiction.
D. A higher court will not entertain direct resort to it unless the redress sought
C. No, since Bongs testimony of what Ambo said and did is hearsay.
D. Yes, since Ambos statement and action, subject of Bongs testimony,
constitutes a verbal act.
39. Considering the qualifications required of a would-be witness, who among
the following is INCOMPETENT to testify?
A. A person under the influence of drugs when the event he is asked to testify on
took place.
B. A person convicted of perjury who will testify as an attesting witness to a will.
C. A deaf and dumb.
D. A mental retardate.
40. Arthur, a resident foreigner sold his car to Bren. After being paid but before
delivering the car, Arthur replaced its original sound system with an inferior one.
Bren discovered the change, rejected the car, and demanded the return of his
money. Arthur did not comply. Meantime, his company reassigned Arthur to
Singapore.
Bren filed a civil action against Arthur for contractual fraud and damages.
Upon his application, the court issued a writ of preliminary attachment on the
grounds that (a) Arthur is a foreigner; (b) he departed from the Philippines; and
(c) he was guilty of fraud in contracting with Bren.
Is the writ of preliminary attachment proper?
Page 8 of 21Bar Examination Questionnaire for Remedial Law
Set A
A. No, Arthur is a foreigner living abroad; he is outside the courts jurisdiction.
B. Yes, Arthur committed fraud in changing the sound system and its components
before
judge.
C. File a special civil action of certiorari on ground of grave abuse of discretion.
D. Appeal the orders of denial.
42. During trial, plaintiff offered evidence that appeared irrelevant at that time but
he said he was eventually going to relate to the issue in the case by some future
evidence. The defendant objected. Should the trial court reject the evidence in
question on ground of irrelevance?
A. No, it should reserve its ruling until the relevance is shown.
B. Yes, since the plaintiff could anyway subsequently present the evidence anew.
C. Yes, since irrelevant evidence is not admissible.
D. No, it should admit it conditionally until its relevance is shown.
43. Ben testified that Jaime, charged with robbery, has committed bag-snatching
three times on the same street in the last six months. Can the court admit this
testimony as evidence against Jaime?
A. No, since there is no showing that Ben witnessed the past three robberies.
B. Yes, as evidence of his past propensity for committing robbery.
C. Yes, as evidence of a pattern of criminal behavior proving his guilt of the
present offense.
D. No, since evidence of guilt of a past crime is not evidence of guilt of a present
crime.
44. What is the right correlation between a criminal action and a petition for Writ
of Amparo both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter shall be
dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition is filed.
D. When the criminal action is filed after the Amparo petition, the latter shall be
consolidated with the first.
45. Alex filed a petition for writ of amparo against Melba relative to his daughter
Toni's involuntary disappearance. Alex said that Melba was Toni's employer,
who, days before Toni disappeared, threatened to get rid of her at all costs. On
the other hand, Melba countered that she had nothing to do with Toni's
disappearance and that she took steps to ascertain Toni's whereabouts. What is
the quantum of evidence required to establish the parties' respective claims?
A. For Alex, probable cause; for Melba, substantial evidence.
B. For Alex, preponderance of evidence; for Melba, substantial evidence.
C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
D. For both, substantial evidence.
46. In which of the following situations is the declaration of a deceased person
against his interest NOT ADMISSIBLE against him or his successors and against
third persons?
A. Declaration of a joint debtor while the debt subsisted.
B. Declaration of a joint owner in the course of ownership.
C. Declaration of a former co-partner after the partnership has been dissolved.
D. Declaration of an agent within the scope of his authority.
47. Defendant Dante said in his answer: "1. Plaintiff Perla claims that defendant
Dante owes her P4,000 on the mobile phone that she sold him; 2. But Perla
owes Dante P6,000 for the dent on his car that she borrowed." How should the
court treat the second statement?
A. A cross claim
B. A compulsory counterclaim
C. A third party complaint
D. A permissive counterclaim
48. How will the court sheriff enforce the demolition of improvements?
A. He will give a 5-day notice to the judgment obligor and, if the latter does not
comply, the sheriff will have the improvements forcibly demolished.
B. He will report to the court the judgment obligors refusal to comply and have
the latter cited in contempt of court.
C. He will demolish the improvements on special order of the court, obtained at
the judgment obligees motion.
D. He will inform the court of the judgment obligors noncompliance and proceed
to demolish the improvements.
49. When may the bail of the accused be cancelled at the instance of the
bondsman?
C. Yes, since the second offended party is entitled to the vindication of the wrong
done him as well.
D. No, since the second offended party is in estoppel, not having joined the first
criminal action.
53. Henry testified that a month after the robbery Asiong, one of the accused,
told him that Carlos was one of those who committed the crime with him. Is
Henrys testimony regarding what Asiong told him admissible in evidence against
Carlos?
A. No, since it is hearsay.
B. No, since Asiong did not make the statement during the conspiracy.
C. Yes, since it constitutes admission against a co-conspirator.
D. Yes, since it part of the res gestae.
54. Dorothy filed a petition for writ of habeas corpus against her husband, Roy, to
get from him custody of their 5 year old son, Jeff. The court granted the petition
and required Roy to turn over Jeff to his mother. Roy sought reconsideration but
the court denied it. He filed a notice of appeal five days from receipt of the order
denying his motion for reconsideration. Did he file a timely notice of appeal?
A. No, since he filed it more than 2 days after receipt of the decision granting the
petition.
B. No, since he filed it more than 2 days after receipt of the order denying his
motion for reconsideration.
C. Yes, since he filed it within 15 days from receipt of the denial of his motion for
reconsideration.
D. Yes, since he filed it within 7 days from receipt of the denial of his motion for
reconsideration.
55. Angel Kubeta filed a petition to change his first name Angel. After the
required publication but before any opposition could be received, he filed a notice
of dismissal. The court confirmed the dismissal without prejudice. Five days
later, he filed another petition, this time to change his surname Kubeta. Again,
Angel filed a notice of dismissal after the publication. This time, however, the
court issued an order, confirming the dismissal of the case with prejudice.
Is the dismissal with prejudice correct?
B. The court in which several cases are pending involving common questions of
law and facts may hear initially the principal case and suspend the hearing in the
other cases.
C. Consolidation of cases pending in different branches or different courts is not
permissible.
D. The consolidation of cases is done only for trial purposes and not for appeal.
68. Summons was served on MCM Theater, a business entity with no juridical
personality, through its office manager at its place of business. Did the court
acquire jurisdiction over MCM Theaters owners?
A. Yes, an unregistered entity like MCM Theater may be served with summons
through its office manager.
B. No, because MCM has no juridical personality and cannot be sued.
C. No, since the real parties in interest, the owners of MCM Theater, have not
been served with summons.
D. Yes since MCM, as business entity, is a de facto partnership with juridical
personality.
69. Fraud as a ground for new trial must be extrinsic as distinguished from
intrinsic. Which of the following constitutes extrinsic fraud?
A. Collusive suppression by plaintiffs counsel of a material evidence vital to his
cause of action.
B. Use of perjured testimony at the trial.
C. The defendants fraudulent representation that caused damage to the plaintiff.
D. Use of falsified documents during the trial.
70. Upon review, the Secretary of Justice ordered the public prosecutor to file a
motion to withdraw the information for estafa against Sagun for lack of probable
cause. The public prosecutor complied. Is the trial court bound to grant the
withdrawal?
A. Yes, since the prosecution of an action is a prerogative of the public
prosecutor.
B. No, since the complainant has already acquired a vested right in the
information.
C. No, since the court has the power after the case is filed to itself determine
probable cause.
D. Yes, since the decision of the Secretary of Justice in criminal matters is
binding on courts.
71. Unexplained or unjustified non-joinder in the Complaint of a necessary party
despite court order results in
A. the dismissal of the Complaint.
B. suspension of proceedings.
C. contempt of court.
D. waiver of plaintiffs right against the unpleaded necessary party.
72. Which of the following CANNOT be disputably presumed under the rules of
evidence?
A. That the thing once proved to exist continues as long as is usual with things of
that nature.
B. That the law has been obeyed.
C. That a writing is truly dated.
D. That a young person, absent for 5 years, it being unknown whether he still
lives, is considered dead for purposes of succession.
73. 008-464-0001
mandamus?
A. The act to be performed is not discretionary.
B. There is no other adequate remedy in the ordinary course of law.
C. RIGHT ANSWER The respondent neglects to perform a clear duty under a
contract.
D. The petitioner has a clear legal right to the act demanded.
74. When is the defendant entitled to the return of the property taken under a
writ of replevin?
A. When the plaintiffs bond is found insufficient or defective and is not replaced.
B. When the defendant posts a redelivery bond equal to the value of the property
seized.
C. When the plaintiff takes the property and disposes of it without the sheriffs
approval.
D. When a third party claims the property taken yet the applicant does not file a
B. in criminal cases, the prosecution may prove the bad moral character of the
accused to prove his criminal predisposition.
C. in criminal cases, the bad moral character of the offended party may not be
proved.
D. when it is evidence of the good character of a witness even prior to
impeachment.
76. Xs action for sum of money against Y amounting to P80,000.00 accrued
before the effectivity of the rule providing for shortened procedure in adjudicating
claims that do not exceed P100,000.00. X filed his action after the rule took
effect. Will the new rule apply to his case?
A. No since what applies is the rule in force at the time the cause of action
accrued.
B. No, since new procedural rules cover only cases where the issues have
already been joined.
C. Yes, since procedural rules have retroactive effect.
D. Yes, since procedural rules generally apply prospectively to pending cases.
77. A motion for reconsideration of a decision is pro forma when
A. it does not specify the defects in the judgment.
B. it is a second motion for reconsideration with an alternative prayer for new
trial.
C. it reiterates the issues already passed upon but invites a second look at the
evidence and the arguments.
D. its arguments in support of the alleged errors are grossly erroneous.
78. Which of the following correctly states the rule on foreclosure of mortgages?
A. The rule on foreclosure of real estate mortgage is suppletorily applicable to
extrajudicial foreclosures.
B. In judicial foreclosure, an order of confirmation is necessary to vest all rights
in the purchaser.
the sheriff from taking possession and proceeding with the sale of the levied
property. Did Branch 2 correctly act in issuing the injunction?
A. Yes, since the rules allow the filing of the independent suit to check the
sheriffs wrongful act in levying on a third partys property.
B. Yes, since Branch 2, like Branch 1, is part of the RTC of Malolos.
C. No, because the proper remedy is to seek relief from the same court which
rendered the judgment.
D. No, since it constitutes interference with the judgment of a co-equal court with
concurrent jurisdiction.
83. What is the effect and ramification of an order allowing new trial?
A. The courts decision shall be held in suspension until the defendant could
show at the reopening of trial that it has to be abandoned.
B. The court shall maintain the part of its judgment that is unaffected and void the
rest.
C. The evidence taken upon the former trial, if material and competent, shall
remain in use.
D. The court shall vacate the judgment as well as the entire proceedings had in
the case.
84. Which of the following is sufficient to disallow a will on the ground of
mistake?
A. An error in the description of the land devised in the will.
B. The inclusion for distribution among the heirs of properties not belonging to
the testator.
C. The testator intended a donation intervivos but unwittingly executed a will.
D. An error in the name of the person nominated as executor.
85. As a rule, the estate shall not be distributed prior to the payment of all
charges to the estate. What will justify advance distribution as an exception?
A. The estate has sufficient residual assets and the distributees file sufficient
bond.
B. The specific property sought to be distributed might suffer in value.
C. An agreement among the heirs regarding such distribution.
D. The conformity of the majority of the creditors to such distribution.
B. Should the real owner succeed in recovering his stolen car from buyer X, the
latter shall have recourse under this contract to seller Y exclusively before the
proper Cebu City court.
C. Venue in case of dispute between the parties to this contract shall solely be in
the proper courts of Quezon City.
D. Any dispute arising from this contract of sale may be filed in Makati or Quezon
City.
94. Allan was riding a passenger jeepney driven by Ben that collided with a car
driven by Cesar, causing Allan injury. Not knowing who was at fault, what is the
best that Allan can do?
A. File a tort action against Cesar.
B. Await a judicial finding regarding who was at fault.
C. Sue Ben for breach of contract of carriage.
D. Sue both Ben and Cesar as alternative defendants.
95. A surety company, which provided the bail bond for the release of the
accused, filed a motion to withdraw as surety on the ground of the accuseds
non-payment of the renewal premium. Can the trial court grant the withdrawal?
A. No, since the suretys undertaking is not annual but lasts up to judgment.
B. Yes, since surety companies would fold up otherwise.
C. No, since the surety company technically takes the place of the accused with
respect to court attendance.
D. Yes, since the accused has breached its agreement with the surety company.
96. To prove that Susan stabbed her husband Elmer, Rico testified that he heard
Leon running down the street, shouting excitedly, Sinasaksak daw ni Susan ang
asawa niya! (I heard that Susan is stabbing her husband!) Is Leon's statement
as narrated by Rico admissible?
A. No, since the startling event had passed.
B. Yes, as part of the res gestae.
C. No, since the excited statement is itself hearsay.
D. Yes, as an independently relevant statement.
97. Which of the following NOT TRUE regarding the doctrine of judicial
hierarchy?