2015 Bar Examinations

2015
POLITICAL LAW
BAR
EXAMINATIONS
November 8, 2015
8:00 A.M. - 12:00 NN.
INSTRUCTIONS
1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.
There are 22 items (I to XXII) to be answered within/our (4) hours.
2. Read each question very carefully and write your answers in your Bar Examination Notebook in
the same order the questions are posed. Write your answers only on the front, not the back, page
of every sheet in your Notebook. Note well the allocated percentage points for each number,
question, or sub-question. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the
back page of every sheet of your Examination Notebook, starting at the back page of the first
sheet and the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
page. An answer to a sub-question under the same number may be written continuously on the same
page and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to
select the material from the immaterial facts, and to discern the points upon which the question
turns. It should show your knowledge and understanding of the pertinent principles and theories
of law involved and their qualifications and limitations. It should demonstrate your ability to
apply the law to the given facts, to reason logically in a lawyer-like manner, and to form a
sound conclusion from the given premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
any credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. At the same time, remember that a complete explanation does not
require that you volunteer information or discuss legal doctrines that are not necessary or
pertinent to the solution to the problem. You do not need to re-write or repeat the question in
your Notebook.
4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your
Notebook that can serve as an identifying mark/s (such as names that are not in the given
questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR NOTEBOOK
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
2015 Bar Examinations
I.
The Philippines and the Republic of Kroi Sha established diplomatic relations and
immediately their respective Presidents signed the following: (1) Executive Agreement
allowing the Republic of Kroi Sha to establish its embassy and consular offices within
Metro Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to
the Philippines its military complement, warships, and armaments from time to time for a
period not exceeding one month for the purpose of training exercises with the Philippine
military forces and exempting from Philippine criminal jurisdiction acts committed in the
line of duty by foreign military personnel, and from paying custom duties on all the
goods brought by said foreign forces into Philippine territory in connection with the
holding of the activities authorized under the said Executive Agreement.
Senator Maagap questioned the constitutionality of the said Executive Agreements and
demanded that the Executive Agreements be submitted to the Senate for ratification
pursuant to the Philippine Constitution. Is Senator Maagap correct? Explain. (4%)
II.
(1) A bill was introduced in the House of Representatives in order to implement
faithfully the provisions of the United Nations Convention on the Law of the Sea (UNCLOS)
to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the
constitutionality of the bill on the ground that the provisions of UN CLOS are violative
of the provisions of the Constitution defining the Philippine internal waters and
territorial sea. Do you agree or not with the said objection? Explain. (3%)
(2) Describe the following maritime regimes under UNCLOS (4%)
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
III.
Professor Masipag who holds a plantilla or regular item in the University of the
Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals (CA). The
professor is considered only on leave of absence in UP while he reports for work at the
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
CA which shall pay him the salary of the Executive Assistant. The appointment to the CA
position was questioned, but Professor Masipag countered that he will not collect the
salary for both positions; hence, he can not be accused of receiving double compensation.
Is the argument of the professor valid? Explain. (4%)
When is a facial challenge to the constitutionality of a law on the ground of violation
of the Bill of Rights traditionally allowed? Explain your answer. (3%)
BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common
shares of stock in the Philippine Telecommunications Company (PTC), a public utility, to
Australian Telecommunications (AT), another stockholder of the PTC which also owns 1,000
common shares. A Filipino stockholder of PTC questions the sale on the ground that it
will increase the common shares of AT, a foreign company, to more than 40% of the capital
(stock) of PTC in violation of the 40% limitation of foreign ownership of a public
utility. AT argues that the sale does not violate the 60-40 ownership requirement in
favor of Filipino citizens decreed in Section II, Article XII of the 1987 Constitution
because Filipinos still own 70% of the capital of the PTC. AT points to the fact that it
owns only 2,000 common voting shares and 1,000 non-voting preferred shares while Filipino
stockholders own 1,000 common shares and 6,000 preferred shares, therefore, Filipino
stockholders still own a majority of the outstanding capital stock of the corporation,
and both classes of shares have a par value of Php 20.00 per share. Decide. (5%)
(1) Distinguish the President's authority to declare a state of rebellion from the
authority to proclaim a state of national emergency. (2%)
(2) What are the limitations, if any, to the pardoning power of the President? (3%)
Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the
existence of probable cause, the court issues a warrant for the Senator's arrest. The
prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder
Law. According to the prosecution, the suspension should last until the termination of
the case. Senator Lis vigorously opposes the motion contending that only the Senate can
discipline its members; and that to allow his suspension by the Court would violate the
principle of separation of powers. Is Senator Lis's contention tenable? Explain. (4%)
A law provides that the Secretaries of the Departments of Finance and Trade and Industry,
the Governor of the Central Bank, the Director General of the National Economic
Development Authority, and the Chairperson of the Philippine Overseas Construction Board
shall sit as ex-officio members of the Board of Directors (BOD) of a government owned and
controlled corporation (GOCC). The other four (4) members shall come from the private
sector. The BOD issues a resolution to implement a new organizational structure, staffing
pattern, a position classification system, and a new set of qualification standards.
After the implementation of the Resolution, Atty. Dipasupil questioned the legality of
the Resolution alleging that the BOD has no authority to do so. The BOD claims otherwise
arguing that the doctrine of qualified political agency applies to the case. It contends
that since its agency is attached to the Department of Finance, whose head, the Secretary
of Finance, is an alter ego of the President, the BOD's acts were also the acts of the
President. Is the invocation of the doctrine by the BOD proper? Explain. (4%)
Several senior officers of the Armed Forces of the Philippines received invitations from
the Chairperson of the Senate Committees on National Defense and Security for them to
appear as resource persons in scheduled public hearings regarding a wide range of
subjects. The invitations state that these public hearings were triggered by the
privilege speeches of the Senators that there was massive electoral fraud during the last
national elections. The invitees Brigadier General Matapang and Lieutenant Coronel
Makatuwiran, who were among those tasked to maintain peace and order during the last
election, refused to attend because of an Executive Order banning all public officials
enumerated in paragraph 3 thereof from appearing before either house of Congress without
prior approval of the President to ensure adherence to the rule of executive privilege.
Among those included in the enumeration are "senior officials of executive departments
who, in the judgment of the department heads, are covered by executive privilege."
Several individuals and groups challenge the constitutionality of the subject executive
order because it frustrates the power of the Congress to conduct inquiries in aid of
legislation under Section 21, Article VI of the 1987 Constitution. Decide the case. (5%)
The Secretary of the Department of Environment and Natural Resources (DENR) issued
Memorandum Circular No. 123-15 prescribing the administrative requirements for the
conversion of a timber license agreement (TLA) into an Integrated Forestry Management
Agreement (IFMA). ABC Corporation, a holder of a TLA which is about to expire, claims
that the conditions for conversion imposed by the said circular are unreasonable and
arbitrary and a patent nullity because it violates the non-impairment clause under the
Bill of Rights of the 1987 Constitution. ABC Corporation goes to court seeking the
nullification of the subject circular. The DENR moves to dismiss the case on the ground
that ABC Corporation has failed to exhaust administrative remedies which is fatal to its
cause of action. If you were the judge, will you grant the motion? Explain. (4%)
(1) What is the concept of expanded judicial review under the 1987 Constitution? (3%)
(2) Differentiate the rule-making power or the power of the Supreme Court to promulgate
rules under Section 5, Article VIII of the 1987 Constitution and judicial legislation.
(2%)
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship
under the 1935, 1973, and 1987 Constitutions. (3%)
On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill No. 5432,
entitled "An Act Providing for the Apportionment of the Lone District of the City of
Pangarap." The bill eventually became a law, R.A. No. 1234. It mandated that the lone
legislative district of the City of Pangarap would now consist of two (2) districts. For
the 2016 elections, the voters of the City of Pangarap would be classified as belonging
to either the first or second district, depending on their place of residence. The
constituents of each district would elect their own representative to Congress as well as
eight (8) members of the Sangguniang Panglungsod. R.A. No. 1234 apportioned the City's
barangays. The COMELEC thereafter promulgated Resolution No. 2170 implementing R.A. No.
1234.
Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to him, R.A. No.
1234 cannot be implemented without conducting a plebiscite because the apportionment
under the law falls within the meaning of creation, division, merger, abolition or
substantial alteration of boundaries of cities under Section 10, Article X of the 1987
Constitution. Is the claim correct? Explain. (4%)
Congress enacted R.A. No. 14344 creating the City of Masuwerte which took effect on
September 25, 2014. Section 23 of the law specifically exempts the City of Masuwerte from
the payment of legal fees in the cases that it would file and/or prosecute in the courts
of law. In two (2) cases that it filed, the City of Masuwerte was assessed legal fees by
the clerk of court pursuant to Rule 141 (Legal Fees) of the Rules of Court. The City of
Masuwerte questions the assessment claiming that it is exempt from paying legal fees
under Section 23 of its charter. Is the claim of exemption tenable? Explain. (4%)
The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for a
term of seven (7) years pursuant to the 1987 Constitution. His term of office started on
June 2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as
the third member of the COMELEC for a term of seven (7) years starting June 2, 2014 until
June 2, 2021. On June 2, 2015, Chairperson Ty retired optionally after having served the
government for thirty (30) years. The President then appointed Commissioner Marikit as
COMELEC Chairperson. The Commission on Appointments confirmed her appointment. The
appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson
"until the expiration of the original term of her office as COMELEC Commissioner or on
June 2, 2021." Matalino, a tax payer, files a petition for certiorari before the Supreme
Court
asserting
that
the
appointment
of
Marikit
as
COMELEC
Chairperson
is
unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC
Chairperson constituted a reappointment which is proscribed by Section 1 (2), Article IX
of the 1987 Constitution; and (2) the term of office expressly stated in the appointment
papers of Marikit likewise contravenes the aforementioned constitutional provision. Will
the constitutional challenge succeed? Explain. (4%)
(1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that
she is eligible to run for the said position. Pasyo Maagap, who also filed his COC for
the same position, filed a petition to deny due course or cancel Bai's COC under Section
78 of the Omnibus Election Code for material misrepresentation as before Bai filed her
COC, she had already been convicted of a crime involving moral turpitude. Hence, she is
disqualified perpetually from holding any public office or from being elected to any
public office. Before the election, the COMELEC cancelled Bai' s COC but her motion for
reconsideration (MR) remained pending even after the election. Bai garnered the highest
number of votes followed by Pasyo Maagap, who took his oath as Acting Mayor. Thereafter,
the COMELEC denied Bai's MR and declared her disqualified for running for Mayor. P.
Maagap asked the Department of Interior and Local Government Secretary to be allowed to
take his oath as permanent municipal mayor. This request was opposed by Vice Mayor
Umaasa, invoking the rule on succession to the permanent vacancy in the Mayor's office.
Who between Pasyo Maagap and Vice Mayor Umaasa has the right to occupy the position of
Mayor? Explain your answer. (5%)
(2) How do you differentiate the petition filed under Section 68 from the petition filed
under Section 78, both of the Omnibus Election Code? (3%)
The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay,
bisexual, and transgender persons, filed for accreditation with the COMELEC to join the
forthcoming party-list elections. The COMELEC denied the application for accreditation on
the ground that GBTY A espouses immorality which offends religious dogmas. GBTY A
challenges the denial of its application based on moral grounds because it violates its
right to equal protection of the law.
(1) What are the three (3) levels of test that are applied in equal protection
cases? Explain. (3%)
(2) Which of the three (3) levels of test should be applied to the present case?
Explain. (3%)
Around 12:00 midnight, a team of police officers was on routine patrol in Barangay
Makatarungan when it noticed an open delivery van neatly covered with banana leaves.
Believing that the van was loaded with contraband, the team leader flagged down the
vehicle which was driven by Hades. He inquired from Hades what was loaded on the van.
Hades just gave the police officer a blank stare and started to perspire profusely. The
police officers then told Hades that they will look inside the vehicle. Hades did not
make any reply. The police officers then lifted the banana leaves and saw several boxes.
They opened the boxes and discovered several kilos of shabu inside. Hades was charged
with illegal possession of illegal drugs. After due proceedings, he was convicted by the
trial court. On appeal, the Court of Appeals affirmed his conviction.
In his final bid for exoneration, Hades went to the Supreme Court claiming that his
constitutional right against unreasonable searches and seizures was violated when the
police officers searched his vehicle without a warrant; that the shabu confiscated from
him is thus inadmissible in evidence; and that there being no evidence against him, he is
entitled to an acquittal.
For its part, the People of the Philippines maintains that the case of Hades involved a
consented warrantless search which is legally recognized. The People adverts to the fact
that Hades did not offer any protest when the police officers asked him if they could
look inside the vehicle. Thus, any evidence obtained in the course thereof is admissible
in evidence.
Whose claim is correct? Explain. (5%)
XIX.
Pursuant to its mandate to manage the orderly sale, disposition and privatization of the
National Power Corporation's (NPC) generation assets, real estate and other disposable
assets, the Power Sector Assets and Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric Power Plant ( AHEPP). After
evaluation of the bids, K-Pop Energy Corporation, a South Korean Company, was the highest
bidder. Consequently, a notice of award was issued to K-Pop. The Citizens' Party
questioned the sale arguing that it violates the constitutional provisions on the
appropriation and utilization of a natural resource which should be limited to Filipino
citizens and corporations which are at least 60% Filipino-owned. The PSALM countered that
only the hydroelectric facility is being sold and not the Angat Dam; and that the
utilization of water by a hydroelectric power plant does not constitute appropriation of
water from its natural source of water that enters the intake gate of the power plant
which is an artificial structure. Whose claim is correct? Explain. (4%)
XX.
Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed
which impeded the entry of vehicles into the area. This caused food shortage resulting in
massive looting of grocery stores and malls. There is power outage also in the area. For
these reasons, the governor of the province declares a state of emergency in their
province through Proclamation No. 1. He also invoked Section 465 of the Local Government
Code of 1991 (R.A. No. 7160) which vests on the provincial governor the power to carryout
emergency measures during man-made and natural disasters and calamities, and to call upon
the appropriate national law enforcement agencies to suppress disorder and lawless
violence. In the same proclamation, the governor called upon the members of the
Philippine National Police, with the assistance of the Armed Forces of the Philippines,
to set up checkpoints and chokepoints, conduct general searches and seizures including
arrests, and other actions necessary to ensure public safety. Was the action of the
provincial governor proper? Explain. (4%)
XXI.
The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has
participated in every election since the enactment of the 1987 Constitution. It has
fielded candidates mostly for legislative district elections. In fact, a number of its
members were elected, and are actually serving, in the House of Representatives. In the
coming 2016 elections, the PMP leadership intends to join the party-list system.
Can PMP join the party-list system without violating the Constitution and Republic Act
(R.A.) No. 7941? (4%)
XXII.
The President appoints Emilio Melchor as Chairperson of the Civil Service Commission.
Upon confirmation of Melchor's appointment, the President issues an executive order
including him as Ex-Officio member of the Board of Trustees of the Government Service
Insurance System (GSIS), Employees Compensation Commission (ECC), and the Board of
Directors of the Philippine Health Insurance Corporation (PHILHEALTH). Allegedly, this is
based on the Administrative Code of 1997 (E.O. No. 292), particularly Section 14, Chapter
3, Title I-A, Book V. This provision reads: "The chairman of the CSC shall be a member of
the Board of Directors of other governing bodies of government entities whose functions
affect the career development, employment, status, rights, privileges, and welfare of
government officials and employees... " A taxpayer questions the designation of Melchor
as ex-officio member of the said corporations before the Supreme Court based on two (2)
grounds, to wit: (1) it violates the constitutional prohibition on members of the
Constitutional Commissions to hold any other office or employment during his tenure; and
(2) it impairs the independence of the CSC. Will the petition prosper? Explain. (4%)
---ooo0ooo--2015
LABOR LAW
BAR
EXAMINATIONS
November 8, 2015
2:00P.M.- 6:00 P.M.
INSTRUCTIONS
This Questionnaire contains ten (10) pages including these Instructions pages. Check the number
of pages and the page numbers at the upper right hand corner of each page of this Questionnaire
and make sure it has the correct number of pages and their proper numbers.
There are 22 items (I to XXII) to be answered within/our (4) hours.
your Notebook.
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I
A. Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its
authorized capital stock owned by foreigners and 70% of its authorized capital stock
owned by Filipinos. Is Rocket Corporation allowed to engage in the recruitment and
placement of workers, locally and overseas? Briefly state the basis for your answer. (2%)
B. When does the recruitment of workers become an act of economic sabotage? (2%)
II
LKG Garments Inc. makes baby clothes for export. As part of its measures to meet its orders, LKG
requires its employees to work beyond eight (8) hours everyday, from Monday to Saturday. It pays
its employees an additional 35% of their regular hourly wage for work rendered in excess of eight
(8) hours per day. Because of additional orders, LKG now requires two (2) shifts of workers with
both shifts working beyond eight (8) hours but only up to a maximum of four (4) hours. Carding is
an employee who used to render up to six (6) hours of overtime work before the change in
schedule. He complains that the change adversely affected him because now he can only earn up to
a maximum of four (4) hours' worth of overtime pay. Does Carding have a cause of action against
the company? (4%)
III
Benito is the owner of an eponymous clothing brand that is a top seller. He employs a number of
male and female models who wear Benito's clothes in promotional shoots and videos. His deal with
the models is that Benito will pay them with 3 sets of free clothes per week. Is this arrangement
allowed? (2%)
IV
Far East Bank (FEB) is one of the leading banks in the country. Its compensation and bonus
packages are top of the industry. For the last 6 years, FEB had been providing the following
bonuses across-the-board to all its employees:
(a) 13th month pay;
(b) 14th to 18th month pay;
(c) Christmas basket worth P6,000;
(d) Gift check worth P4,000; and
(e) Productivity-based incentive ranging from a 20% to 40% increase in gross monthly
salary for all employees who would receive an evaluation of "Excellent" for 3 straight
quarters in the same year.

Because of its poor performance over-all, FEB decided to cut back on the bonuses this year and
limited itself to the following:
(a) 13th month pay;
(b) 14th month pay;
(c) Christmas basket worth P4,000; and
(d) Gift check worth P2,000
Katrina, an employee of FEB, who had gotten a rating of "Excellent" for the last 3 quarters was
looking forward to the bonuses plus the productivity incentive bonus. After learning that FEB had
modified the bonus scheme, she objected. Is Katrina's objection justified? Explain. (3%)
V
Soledad, a widowed school teacher, takes under her wing one of her students, Kiko, 13 years old,
who was abandoned by his parents and has to do odd jobs in order to study. She allows Kiko to
live in her house, provides him with clean clothes, food, and a daily allowance of 200 pesos. In
exchange, Kiko does routine housework, consisting of cleaning the house and doing errands for
Soledad. One day, a representative of the DOLE and the DSWD came to Soledad's house and charged
her with violating the law that prohibits work by minors. Soledad objects and offers as a defense
that she was not requiring Kiko to work as the chores were not hazardous. Further, she did not
give him chores regularly but only intermittently as the need may arise. Is Soledad's defense
meritorious? (4%)
VI
Ador is a student working on his master's degree in horticulture. To make ends meet, he takes on
jobs to come up with flower arrangements for friends. His neighbor, Nico, is about to get married
to Lucia and needs a floral arranger. Ador offers his services and Nico agrees. They shake hands
on it, agreeing that Nico will pay Ador P20,000.00 for his services but that Ador will take care
of everything. As Ador sets about to decorate the venue, Nico changes all of Ador's plans and
ends up designing the arrangements himself with Ador simply executing Nico's instructions.
(a) Is there an employer-employee relationship between Nico and Ador? (4%)
(b) Will Nico need to register Ador with the Social Security System (SSS)? (2%)
VII
Don Don is hired as a contractual employee of CALLHELP, a call center. His contract is expressly
for a term of 4 months. Don Don is hired for 3 straight contracts of 4 months each but at 2-week
intervals between contracts. After the third contract ended, Don Don is told that he will no
longer be given another contract because of "poor performance." Don Don files a suit for
"regularization" and for illegal dismissal, claiming that he is a regular employee of CALLHELP
and that he was dismissed without cause. You are the Labor Arbiter. How would you decide the
case? (4%)
VIII
Star Crafts is a lantern maker based in Pampanga. It supplies Christmas lanterns to stores in
Luzon, Metro Manila, and parts of Visayas, with the months of August to November being the
busiest months. Its factory employs a workforce of 2,000 workers who make different lanterns
daily for the whole year. Because of increased demand, Star Crafts entered into a contractual
arrangement with People Plus, a service contractor, to supply the former with I 00 workers for
only 4 months, August to November, at a rate different from what they pay their regular
employees. The contract with People Plus stipulates that all equipment and raw materials will be
supplied by Star Crafts with the express condition that the workers cannot take any of the
designs home and must complete their tasks within the premises of Star Crafts.
Is there an employer-employee relationship between Star Crafts and the 100 workers from People
Plus? Explain. (4%)
IX
Din Din is a single mother with one child. She is employed as a sales executive at a prominent
supermarket. She and her child live in Quezon City and her residence and workplace are a 15minute drive apart. One day, Din Din is informed by her boss that she is being promoted to a
managerial position but she is now being transferred to the Visayas. Din Din does not want to
uproot her family and refuses the offer. Her boss is so humiliated by Din Din's refusal of the
offer that she gives Din Din successive unsatisfactory evaluations that result in Din Din being
removed from the supermarket.
Din Din approaches you, as counsel, for legal advice. What would you advise her? (4%)
X
Karina Santos is a famous news anchor appearing nightly in the country's most watched newscast.
She is surprised, after one newscast, to receive a notice of hearing before the station's VicePresident for Human Resources and calls the VP immediately to ask what was wrong. Karina is told
over the phone that one of her crew filed a complaint against her for verbal abuse and that
management is duty-bound to investigate and give her a chance to air her side. Karina objects and
denies that she had ever verbally assaulted her crew. The VP then informed her that pending the
investigation she will be placed on a 30-day preventive suspension without pay and that she will
not be allowed to appear in the newscast during this time.
Is the preventive suspension of Karina valid? Discuss the reasons for your answer. (4%)
XI
Rico has a temper and, in his work as Division Manager of Matatag Insurance, frequently loses his
temper with his staff. One day, he physically assaults his staff member by slapping him. The
staff member sues him for physical injuries. Matatag Insurance decides to terminate Rico, after
notice and hearing, on the ground of loss of trust and confidence. Rico claims that he is
entitled to the presumption of innocence because he has not yet been convicted. Comment on
Matatag's action in relation to Rico's argument. (4%)
XII
Blank Garments, Inc. (BLANK), a clothing manufacturer, employs more than 200 employees in its
manufacturing business. Because of its high overhead, BLANK decided to sell its manufacturing
business to Bleach Garments, Inc. (BLEACH) lock, stock and barrel which included goodwill,
equipment, and personnel. After taking on BLANK's business, BLEACH reduces the workforce by not
hiring half the workers specifically the ones with seniority. BLANK and BLEACH are still
discerned to be sister companies with identical incorporators. The laid-off employees sue both
BLANK and BLEACH for unlawful termination.
(a) How would you decide this case? (4%)
(b) What is the "successor employer" doctrine? (2%)
XIII
Luisa is an unwed mother with 3 children from different fathers. In 2004, she became a member of
the Social Security System (SSS). That same year, she suffered a miscarriage of a baby out of
wedlock from the father of her third child. She wants to claim maternity benefits under the SSS
Act. Is she entitled to claim? (3%)
XIV
Luis, a PNP officer, was off duty and resting at home when he heard a scuffle outside his house.
He saw two of his neighbors fighting and he rushed out to pacify them. One of the neighbors shot
Luis by mistake, which resulted in Luis's death. Marian, Luis's widow, filed a claim with the
GSIS seeking death benefits. The GSIS denied the claim on the ground that the death of Luis was
not service-related as he was off duty when the incident happened. Is the GSIS correct? (3%)
XV
Victor was hired by a local manning agency as a seafarer cook on board a luxury vessel for an
eight-month cruise. While on board, Victor complained of chronic coughing, intermittent fever,
and joint pains. He was advised by the ship's doctor to take complete bed rest but was not given
any other medication. His condition persisted but the degree varied from day to day. At the end
of the cruise, Victor went home to Iloilo and there had himself examined. The examination
revealed that he had tuberculosis.
(a) Victor sued for medical reimbursement, damages and attorney's fees, claiming that
tuberculosis was a compensable illness. Do you agree with Victor? Why or why not? (2%)
(b) Due to his prolonged illness, Victor was unable to work for more than 120 days. Will
this entitle him to claim total permanent disability benefits? (2%)
XVI
The Alliance of Independent Labor Unions (AILU) is a legitimate labor federation which represents
a majority of the appropriate bargaining unit at the Lumens Brewery (LB). While negotiations were
ongoing for a renewal of the collective bargaining agreement (CBA), LB handed down a decision in
a disciplinary case that was pending which resulted in the termination of the AILU's treasurer
and two other members for cause. AILU protested the decision, claiming that LB acted in bad faith
and asked that LB reconsider. LB refused to reconsider. AILU then walked out of the negotiation
and declared a strike without a notice of strike or a strike vote. AILU members locked in the LB
management panel by barricading the doors and possible exits (including windows and fire
escapes). LB requested the DOLE to assume jurisdiction over the dispute and to certify it for
compulsory arbitration.
The Secretary of Labor declined to assume jurisdiction, finding that the dispute was not one that
involved national interest. LB then proceeds to terminate all of the members of the bargaining
agent on the ground that it was unlawful to:
(1) barricade the management panel in the building, and (2) participate in an illegal strike.
(a) Was AILU justified in declaring a strike without a strike vote and a notice of
strike? Why or why not? (3%)
(b) Was the Secretary of Labor correct in declining to assume jurisdiction over the
dispute? (2%)
(c) Was LB justified in terminating all those who were members of AILU on the two grounds
cited? (3%)
XVII
The Collective Bargaining Agreement (CBA) between Libra Films and its union, Libra Films
Employees' Union (LFEU), contains the following standard clauses:
1. Maintenance of membership;
2. Check off for union dues and agency fees; and
3. No strike, no lock-out.
While Libra Films and LFEU are in re-negotiations for an extension of the CBA, LFEU discovers
that some of its members have resigned from the union, citing their constitutional right to
organize (which includes the right NOT to organize). LFEU demands that Libra Films institute
administrative proceedings to terminate those union members who resigned in violation of the CBA'
s maintenance of membership clause. Libra Films refuses, citing its obligation to remain a
neutral party. As a result, LFEU declares a strike and after filing a notice of strike and taking
a strike vote, goes on strike. The union claims that Libra Films grossly violated the terms of
the CBA and engaged in unfair labor practice.
(a) Are LFEU's claims correct? Explain. (4%)

(b) Distinguish between a "closed shop" clause and a "maintenance of membership" clause.
(2%)
(c) Distinguish between "union dues" and "agency fees." (2%)
XVIII
George is an American who is working as a consultant for a local IT company. The company has a
union and George wants to support the union. How far can George go in terms of his support for
the union? (3%)
XIX
What is the rule on the "equity of the incumbent"? (2%)
XX
A. XYZ Company and Mr. AB, a terminated employee who also happens to be the President of
XYZ Employees Union, agree in writing to submit Mr. AB's illegal dismissal case to
voluntary arbitration. Is this agreement a valid one? (3%)
B. XYZ Company and XYZ Employees Union (XYZEU) reach a deadlock in their negotiation for
a new collective bargaining agreement (CBA). XYZEU files a notice of strike; XYZ Company
proposes to XYZEU that the deadlock be submitted instead to voluntary arbitration. If you
are counsel for XYZEU, what advice would you give the union as to the: (1) propriety of
the request of XYZ Company, and (2) the relative advantages/disadvantages between
voluntary arbitration and compulsory arbitration? (4%)
XXI
Philippine News Network (PNN) engages the services of Anya, a prominent news anchor from a rival
station, National News Network (NNN). NNN objects to the transfer of Anya claiming that she is
barred from working in a competing company for a period of three years from the expiration of her
contract. Anya proceeds to sign with PNN which then asks her to anchor their nightly newscast.
NNN sues Anya and PNN before the National Labor Relations Commission (NLRC), asking for a labor
injunction. Anya and PNN object claiming that it is a matter cognizable by a regular court and
not the NLRC.
(a) Is NNN's remedy correct? Why or why not? (3%)
(b) What are the grounds for a labor injunction to issue? (2%)
(c) Distinguish the jurisdiction of a Labor Arbiter from that of the NLRC. (3%)
XXII
Mario comes from a family of coffee bean growers. Deciding to incorporate his fledgling coffee
venture, he invites his best friend, Carlo, to join him. Carlo is hesitant because he does not
have money to invest but Mario suggests a scheme where Carlo can be the Chief Marketing Agent of
the company, earning a salary and commissions. Carlo agrees and the venture is formed. After one
year, the business is so successful that they were able to declare dividends. Mario is so happy
with Carlo's work that he assigns 100 shares of stock to Carlo as part of the latter's bonus.
Much later on, it is discovered that Carlo had engaged in unethical conduct which caused
embarrassment to the company. Mario is forced to terminate Carlo but he does so without giving
Carlo the opportunity to explain.
Carlo filed a case against Mario and the company for illegal dismissal. Mario objected on the
ground that the Labor Arbiter had no jurisdiction over the case as it would properly be
considered as an intra-corporate controversy cognizable by the RTC. Further, Mario claimed that
because Carlo's dismissal was a corporate act, he cannot be held personally liable.
(a) As the Labor Arbiter assigned to this case, how would you resolve the jurisdiction
question. (3%)
(b) What is the rule on personal liability of corporate officers for a corporate act
declared to be unlawful? (2%)
---ooo0ooo--2015
CIVIL LAW
BAR
EXAMINATIONS
November 15, 2015

8:00 A.M. - 12:00 NN.
INSTRUCTIONS
There are 20 items (I to XX) to be answered within/our (4) hours.

your Notebook.
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I.
Alden and Stela were both former Filipino citizens. They were married in the Philippines but they
later migrated to the United States where they were naturalized as American citizens. In their
union they were able to accumulate several real properties both in the US and in the Philippines.
Unfortunately, they were not blessed with children. In the US, they executed a joint will
instituting as their common heirs to divide their combined estate in equal shares, the five
siblings of Alden and the seven siblings of Stela. Alden passed away in 2013 and a year later,
Stela also died. The siblings of Alden who were all citizens of the US instituted probate
proceedings in a US court impleading the siblings of Stela who were all in the Philippines.
a) Was the joint will executed by Alden and Stela who were both former Filipinos valid?
Explain with legal basis. (3%)
b) Can the joint will produce legal effect in the Philippines with respect to the
properties of Alden and Stela found here? If so, how? (3%)
c) Is the situation presented in Item I an example of depe9age? (2%)
II.
Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived with
another man, leaving their two children of school age with Marco. When Marco needed money for
their children's education he sold a parcel of land registered in his name, without Gina's
consent, which he purchased before his marriage. Is the sale by Marco valid, void or voidable?
Explain with legal basis. (4%)
III.
Julie had a relationship with a married man who had legitimate children. A son was born out of
that illicit relationship in 1981. Although the putative father did not recognize the child in
his certificate of birth, he nevertheless provided the child with all the support he needed and
spent time regularly with the child and his mother. When the man died in 2000, the child was
already 18 years old so he filed a petition to be recognized as an illegitimate child of the
putative father and sought to be given a share in his putative father's estate. The legitimate
family opposed, saying that under the Family Code his action cannot prosper because he did not
bring the action for recognition during the lifetime of his putative father.
a) If you were the judge in this case, how would you rule? (4%)
b) Wishing to keep the peace, the child during the pendency of the case decides to
compromise with his putative father's family by abandoning his petition in exchange for
1/2 of what he would have received as inheritance if he were recognized as an
illegitimate child. As the judge, would you approve such a compromise? (2%)
IV.
Bert and Joe, both male and single, lived together as common law spouses and agreed to raise a
son of Bert's living brother as their child without legally adopting him. Bert worked while Joe
took care of their home and the boy. In their 20 years of cohabitation they were able to acquire
real estate assets registered in their names as co-owners. Unfortunately, Bert died of cardiac
arrest, leaving no will. Bert was survived by his biological siblings, Joe, and the boy.
a) Can Article 147 on co-ownership apply to Bert and Joe, whereby all properties they
acquired will be presumed to have been acquired by their joint industry and shall be
owned by them in equal shares? (2%)
b) What are the successional rights of the boy Bert and Joe raised as their son? (2%)
c) If Bert and Joe had decided in the early years of their cohabitation to jointly adopt
the boy, would they have been legally allowed to do so? Explain with legal basis. (3%)
V.
Mrs. L was married to a ship captain who worked for an international maritime vessel. For her and
her family's support, she would claim monthly allotments from her husband's company. One day,
while en route from Hong Kong to Manila, the vessel manned by Captain L encountered a severe
typhoon at sea. The captain was able to send radio messages of distress to the head office until
all communications were lost. In the weeks that followed, the search operations yielded debris of
the lost ship but the bodies of the crew and the passengers were not recovered. The insurance
company thereafter paid out the death benefits to all the heirs of the passengers and crew. Mrs.
L filed a complaint demanding that her monthly allotments continue for the next four years until
her husband may be legally presumed dead because of his absence. If you were the magistrate, how
would you rule? (3%)
VI.
Kardo met Glenda as a young lieutenant and after a whirlwind courtship, they were married. In the
early part of his military career, Kardo was assigned to different places all over the country
but Glenda refused to accompany him as she preferred to live in her hometown. They did not live
together until the 12th year of their marriage when Kardo had risen up the ranks and was given
his own command. They moved to living quarters in Fort Gregorio. One day, while Kardo was away on
official business, one of his military aides caught Glenda having sex with the corporal assigned
as Kardo's driver. The aide immediately reported the matter to Kardo who rushed home to confront
his wife. Glenda readily admitted the affair and Kardo sent her away in anger. Kardo would later
come to know the true extent of Glenda's unfaithfulness from his aides, his household staff, and
former neighbors who informed him that Glenda has had intimate relations with various men
throughout their marriage whenever Kardo was away on assignment.
Kardo filed a petition for declaration of nullity of marriage under Article 36. Based on
interviews from Kardo, his aide, and the housekeeper, a psychologist testified that Glenda's
habitual infidelity was due to her affliction with Histrionic Personality Disorder, an illness
characterized by excessive emotionalism and uncontrollable attention-seeking behavior rooted in
Glenda's abandonment as a child by her father. Kardo himself, his aide, and his housekeeper also
testified in court. The RTC granted the petition, relying on the liberality espoused by Te v. Te
and Azcueta v. Republic. However, the OSG filed an appeal, arguing that sexual infidelity was
only a ground for legal separation and that the RTC failed to abide by the guidelines laid down
in the Molina case. How would you decide the appeal? (5%)
VII.
Mr. and Mrs. X migrated to the US with all their children. As they had no intention of coming
back, they offered their house and lot for sale to their neighbors, Mr. and Mrs. A (the buyers)
who agreed to buy the property for 128 Million. Because Mr. and Mrs. A needed to obtain a loan
from a bank first, and since the sellers were in a hurry to migrate, the latter told the buyers
that they could already occupy the house, renovate it as it was already in a state of disrepair,
and pay only when their loan is approved and released. While waiting for the loan approval, the
buyers spent .Pl Million in repairing the house. A month later, a person carrying an
authenticated special power of attorney from the sellers demanded that the buyers either
immediately pay for the property in full now or vacate it and pay damages for having made
improvements on the property without a sale having been perfected.
a) What are the buyers' options or legal rights with respect to the expenses they
incurred in improving the property under the circumstances? (3%)
b) Can the buyers be made to immediately vacate on the ground that the sale was not
perfected? Explain briefly. (3%)
VIII.
X, Y, Z are siblings who inherited a IO-storey building from their parents. They agreed in
writing to maintain it as a co-owned property for leasing out and to divide the net profits among
themselves equally for a period of 20 years. On the 8th year, X wanted to get out of the coownership so he could get his 1/3 share in the property. Y and Z refused, saying X is bound by
their agreement to keep the co-ownership for 20 years. Are Y and Z correct? Explain. (3%)
IX.
Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who
accepted the donation. The donation and Maria's acceptance thereof were evidenced by a Deed of
Donation. Maria then lived in the house and lot donated to her, religiously paying real estate
taxes thereon. Twelve years later, when Jose had already passed away, a woman claiming to be an
illegitimate daughter of Jose filed a complaint against Maria. Claiming rights as an heir, the
woman prayed that Maria be ordered to reconvey the house and lot to Jose's estate. In her
complaint she alleged that the notary public who notarized the Deed of Donation had an expired
notarial commission when the Deed of Donation was executed by Jose. Can Maria be made to reconvey
the property? What can she put up as a defense? (4%)
X.
X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the day X
was supposed to deliver Karla's dresses, X called up Karla to say that she had an urgent matter
to attend to and will deliver them the next day. That night, however, a robber broke into her
shop and took everything including Karla's two dresses. X claims she is not liable to deliver
Karla's dresses or to pay for the clothing materials considering she herself was a victim of the
robbery which was a fortuitous event and over which she had no control. Do you agree? Why? (3%)
XI.
Jackie, 16, inherited a townhouse. Because she wanted to study in an exclusive school, she sold
her townhouse by signing a Deed of Sale and turning over possession of the same to the buyer.
When the buyer discovered that she was still a minor, she promised to execute another Deed of
Sale when she turns 18. When Jackie turned 25 and was already working, she wanted to annul the
sale and return the buyer's money to recover her townhouse. Was the sale contract void, voidable
or valid? Can Jackie still recover the property? Explain. (4%)
XII.
A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a corporation they
joined as incorporators. Iya and Betty bound themselves solidarily liable for the debt.
Later, Iya and Jun became sweethearts so Jun condoned the debt of P500,000.00. May lya
demand from Betty P250,000.00 as her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put up an
internet cafe orally promising to pay her the full amount after one year. Because of
their lack of business know-how, their business collapsed. Juancho and Don ended up
penniless but Pedro was able to borrow money and put up a restaurant which did well. Can
Cita demand that Pedro pay the entire obligation since he, together with the two others,
promised to pay the amount in full after one year? Defend your answer. (2%)
<
p align="center">XIII.
A. X and Y are partners in a shop offering portrait painting. Y provided the capital and
the marketing while X was the portrait artist. They accepted the P50,000.00 payment of
Kyla to do her portrait but X passed away without being able to do it. Can Kyla demand
that Y deliver the portrait she had paid for because she was dealing with the business
establishment and not with the artist personally? Why or why not? (3%)
B. In this jurisdiction, is a joint venture (i.e., a group of corporations contributing
resources for a specific project and sharing the profits therefrom) considered a
partnership? (3%)
XIV.
A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case
for reckless imprudence resulting in homicide was filed against the driver. He was
convicted and was ordered to pay P2 Million in actual and moral damages to the parents of
the boy who was an honor student and had a bright future. Without even trying to find out
if the driver had assets or means to pay the award of damages, the parents of the boy
filed a civil action against the bus company to make it directly liable for the damages.
a) Will their action prosper? (4%)
b) If the parents of the boy do not wish to file a separate civil action against.
the bus company, can they still make the bus company liable if the driver cannot'
pay the award for damages? If so, what is the nature of the employer's liability
and how may civil damages be satisfied? (3%)
XV.
A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months.
When Sara tried to pay her debt on the 8th month, Julia demanded the payment of interest
of 12o/o per annum because of Sara's delay in payment. Sara paid her debt and the
interest claimed by Julia. After rethinking, Sara demanded back from Julia the amount she
had paid as interest. Julia claims she has no obligation to return the interest paid by
Sara because it was a natural obligation which Sara voluntarily performed and can no
longer recover. Do you agree? Explain. (4%)
B. Distinguish civil and natural obligations. (2%)
XVI.
Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She was made to sign an
agreement that if she cannot pay her debt within six months, Jane could immediately appropriate
the jewelry for herself. After six months, Donna failed to pay. Jane then displayed the earrings
and ring set in her jewelry shop located in a mall. A buyer, Juana, bought the jewelry set for
P300,000.00.
a) Was the agreement which Donna signed with Jane valid? Explain with legal basis. (2%)
b) Can Donna redeem the jewelry set from Juana by paying the amount she owed Jane to
Juana? Explain with legal basis. (2%)
c) Give an example of a pledge created by operation of law. (2%)
XVII.
Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was pressured into signing
a Deed of Absolute Sale in favor of the winner covering a parcel of land with improvements worth
P20 Million. One month later, the supposed vendee of the property demanded that he and his family
vacate the property subject of the deed of sale. Was the deed of sale valid? What can Z do? (4%)
XVIII.
A lawyer was given an authority by means of a Special Power of Attorney by his client to sell a
parcel of land for the amount of P3 Million. Since the client owed the lawyer P1 Million in
attorney's fees in a prior case he handled, the client agreed that if the property is sold, the
lawyer was entitled to get 5% agent's fee plus P1 Million as payment for his unpaid attorney's
fees. The client, however, subsequently found a buyer of his own who was willing to buy the
property for a higher amount. Can the client unilaterally rescind the authority he gave in favor
of his lawyer? Why or why not? (4%)
XIX.
Mr. A, a businessman, put several real estate properties under the name of his eldest son X
because at that time, X was the only one of legal age among his four children. He told his son he
was to hold those assets for his siblings until they become adults themselves. X then got
married. After 5 years, Mr. A asked X to transfer the titles over three properties to his three
siblings, leaving two properties for himself. To A's surprise, X said that he can no longer be
made to transfer the properties to his siblings because more than 5 years have passed since the
titles were registered in his name. Do you agree? Explain. (4%)
XX.
A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a
parcel of land which after due proceedings was granted by the RTC acting as a land
registration court. However, before the decree of registration could be issued, the
spouses Roman and the spouses Cruz sold the lot to Juan. In the notarized deed of sale,
the sellers expressly undertook to submit the deed of sale to the land registration court
so that the title to the property would be directly issued in Juan's name. Is such a
stipulation valid? (2%)
B. Distinguish a direct attack from a collateral attack on a title. (2%)
C. If the title in Item XX.A is issued in the names of the original sellers, would a
motion filed by Juan in the same case to correct or amend the title in order to reflect
his name as owner be considered a collateral attack? (2%)
---ooo0ooo--2015
TAXATION LAW
BAR
EXAMINATIONS
November 15, 2015

2:00 P.M. - 6:00 P.M.
INSTRUCTIONS
1. This Questionnaire contains eight (8) pages including these Instructions pages. Check the
There are 22 items (I to XXII) to be answered within four (4) hours.
your Notebook.
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I.
Explain the principles of a sound tax system. (3%)
II.
Mr. A, a citizen and resident of the Philippines, is a professional boxer. In a
professional boxing match held in 2013, he won prize money in United States (US) dollars
equivalent to P300,000,000.
a) Is the prize money paid to and received by Mr. A in the US taxable in the
Philippines? Why? (2%)
b) May Mr. A's prize money qualify as an exclusion from his gross income? Why?
(2%)
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
c) The US already imposed and withheld income taxes from Mr. A's prize money. How
may Mr. A use or apply the income taxes he paid on his prize money to the US when
he computes his income tax liability in the Philippines for 2013? (4%)
Ms. C, a resident citizen, bought ready-to-wear goods from Ms. B, a nonresident citizen.
a) If the goods were produced from Ms. B's factory in the Philippines, is Ms. B's
income from the sale to Ms. C taxable in the Philippines? Explain. (2%)
b) If Ms. B is an alien individual and the goods were produced in her factory in
China, is Ms. B's income from the sale of the goods to Ms. C taxable in the
Philippines? Explain. (2%)
Mr. E and Ms. F are both employees of AAA Corp. They got married on February 14, 2011. On
December 29, 2011, the couple gave birth to triplets. On June 25, 2013, they had twins.
What were the personal exemptions/deductions which Mr. E and Ms. F could claim in the
following taxable years:
a) For2010 (2%)
b) For 2011 (3%)
c) For 2013 (2%)
BBB, Inc., a domestic corporation, enjoyed a particularly profitable year in 2014. In
June 2015, its Board of Directors approved the distribution of cash dividends to its
stockholders. BBB, Inc. has individual and corporate stockholders. What is the tax
treatment of the cash dividends received from BBB, Inc. by the following stockholders:
a) A resident citizen (1%)
b) Non-resident alien engaged in trade or business (1%)
c) Non-resident alien not engaged in trade or business (1% )
d) Domestic corporation (1%)
e) Non-resident foreign corporation (1%)
Differentiate between double taxation in the strict sense and in a broad sense and give
an example of each. (4%)
On May 15, 2013, CCC, Inc. received the Final Decision on Disputed Assessment issued by
the Commissioner of Internal Revenue (CIR) dismissing the protest of CCC, Inc. and
affirming the assessment against said corporation. On June 10, 2013, CCC, Inc. filed a
Petition for Review with the Court of Tax Appeals (CTA) in division. On July 31, 2015,
CCC, Inc. received a copy of the Decision dated July 22, 2015 of the CT A division
dismissing its Petition. CCC, Inc. immediately filed a Petition for Review with the CT A
en banc on August 6, 2015. Is the immediate appeal by CCC, Inc. to the CTA en banc of the
adverse Decision of the CTA division the proper remedy? (3%)
In June 2013, DDD Corp., a domestic corporation engaged in the business of leasing real
properties in the Philippines, entered into a lease agreement of a residential house and
lot with EEE, Inc., a non-resident foreign corporation. The residential house and lot
will be used by officials of EEE, Inc. during their visit to the Philippines. The lease
agreement was signed by representatives from DDD Corp. and EEE, Inc. in Singapore. DDD
Corp. did not subject the said lease to VAT believing that it was not a domestic service
contract. Was DDD Corp. correct? Explain. (3%)
For calendar year 2011, FFF, Inc., a VAT-registered corporation, reported unutilized
excess input VAT in the amount of Pl ,000,000.00 attributable to its zero-rated sales.
Hoping to impress his boss, Mr. G, the accountant of FFF, Inc., filed with the Bureau of
Internal Revenue (BIR) on January 31, 2013 a claim for tax refund/credit of the
Pl,000,000.00 unutilized excess input VAT of FFF, Inc. for 2011. Not having received any
communication from the BIR, Mr. G filed a Petition for Review with the CTA on March 15,
2013, praying for the tax refund/credit of the Pl,000,000.00 unutilized excess input VAT
of FFF, Inc. for 2011.
a) Did the CTA acquire jurisdiction over the Petition of FFF, Inc.? (2%)
b) Discuss the proper procedure and applicable time periods for administrative and
judicial claims for refund/credit of unutilized excess input VAT. (4%)
Indicate whether each of the following individuals is required or not required to file an
income tax return:
a) Filipino citizen residing outside the Philippines on his income from sources
outside the Philippines. (1%)
b) Resident alien on income derived from sources within the Philippines. (1%)
c) Resident citizen earning purely compensation income from two employers within
the Philippines, whose income taxes have been correctly withheld. (1%)
d) Resident citizen who falls under the classification of minimum wage earners.
(1%)
e) An individual whose sole income has been subjected to final withholding tax.
(1%)
What are de minim is benefits and how are these taxed? Give three (3) examples of de
minimis benefits. (4%)
Mr. H decided to sell the house and lot wherein he and his family have lived for the past
10 years, hoping to buy and move to a new house and lot closer to his children's school.
Concerned about the capital gains tax that will be due on the sale of their house, Mr. H
approaches you as a friend for advice if it is possible for the sale of their house to be
exempted from capital gains tax and the conditions they must comply with to avail
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
themselves of said exemption. How will you respond? (4%)

GGG, Inc. offered to sell through competitive bidding its shares in HHH Corp., equivalent
to 40% of the total outstanding capital stock of the latter. JJJ, Inc. acquired the said
shares in HHH Corp. as the highest bidder. Before it could secure a certificate
authorizing registration/tax clearance for the transfer of the shares of stock to JJJ,
Inc., GGG, Inc. had to request a ruling from the BIR confirming that its sale of the said
shares was at fair market value and was thus not subject to donor's tax. In BIR Ruling
No. 012-14, the CIR held that the selling price for the shares of stock of HHH Corp. was
lower than their book value, so the difference between the selling price and the book
value of said shares was a taxable donation. GGG, Inc. requested the Secretary of Finance
to review BIR Ruling No. 012-14, but the Secretary affirmed said ruling. GGG, Inc. filed
with the Court of Appeals a Petition for Review under Rule 43 of the Revised Rules of
Court. The Court of Appeals, however, dismissed the Petition for lack of jurisdiction
declaring that it is the CTA which has jurisdiction over the issues raised. Before which
Court should GGG, Inc. seek recourse from the adverse ruling of the Secretary of Finance
in the exercise of the latter's power of review? (3%)
KKK Corp. secured its Certificate of Incorporation from the Securities and Exchange
Commission on June 3, 2013. It commenced business operations on August 12, 2013. In April
2014, Ms. J, an employee of KKK Corp. in charge of preparing the annual income tax return
of the corporation for 2013, got confused on whether she should prepare payment for the
regular corporate income tax or the minimum corporate income tax.
a) As Ms. J's supervisor, what will be your advice? (2%)
b) What are the distinctions between regular corporate income tax and minimum
corporate income tax? (3%)
In 2012, Dr. K decided to return to his hometown to start his own practice. At the end of
2012, Dr. K found that he earned gross professional income in the amount of
P1,000,000.00; while he incurred expenses amounting to P560,000.00 constituting mostly of
his office space rent, utilities, and miscellaneous expenses related to his medical
practice. However, to Dr. K's dismay, only P320,000.00 of his expenses were duly covered
by receipts. What are the options available for Dr. K so he could maximize the deductions
from his gross income? (3%)
LLL is a government instrumentality created by Executive Order to be primarily
responsible for integrating and directing all reclamation projects for the National
Government. It was not organized as a stock or a non-stock corporation, nor was it
intended to operate commercially and compete in the private market.
By virtue of its mandate, LLL reclaimed several portions of the foreshore and offshore
areas of the Manila Bay, some of which were within the territorial jurisdiction of Q
City. Certificates of title to the reclaimed properties in Q City were issued in the name
of LLL in 2008. In 2014, Q City issued Warrants of Levy on said reclaimed properties of
LLL based on the assessment for delinquent property taxes for the years 2010 to 2013.
a. Are the reclaimed properties registered in the name of LLL subject to real
property tax? (4 % )
b. Will your answer be the same in (a) if from 2010 to the present time, LLL is
leasing portions of the reclaimed properties for the establishment and use of
popular fastfood restaurants J Burgers, G Pizza, and K Chicken? (2%)
Mr. L owned several parcels of land and he donated a parcel each to his two children. Mr.
L acquired both parcels of land in 1975 for ll200,000.00. At the time of donation, the
fair market value of the two parcels of land, as determined by the CIR, was
112,300,000.00; while the fair market value of the same properties as shown in the
schedule of values prepared by the City Assessors was 112,500,000.00. What is the proper
valuation of Mr. L's gifts to his children for purposes of computing donor's tax? (3%)
Under the Tariff and Customs Code, as amended:
a. When does importation begin and when is it deemed terminated? (2%)
b. In what easels is the decision of the Collector automatically reviewed by the
Commissioner of Customs? In what instance/s is the decision of the Commissioner
automatically appealed to the Secretary of Finance? (4%)
In 2014, M City approved an ordinance levying customs duties and fees on goods coming
into the territorial jurisdiction of the city. Said city ordinance was duly published on
February 15, 2014 with effectivity date on March 1, 2014.
a. Is there a ground for opposing said ordinance? (2%)
b. What is the proper procedural remedy and applicable time periods for
challenging the ordinance? (4%)
After filing an Information for violation of Section 254 of the National Internal Revenue
Code (Attempt to Evade or Defeat Tax) with the CTA, the Public Prosecutor manifested that
the People is reserving the right to file the corresponding civil action for the recovery
of the civil liability for taxes. As counsel for the accused, comment on the People's
manifestation. (3%)
MMM, Inc., a domestic telecommunications company, handles incoming telecommunications
services for non-resident foreign companies by relaying international calls within the
Philippines. To broaden the coverage of its telecommunications services throughout the
country, MMM, Inc. entered into various interconnection agreements with local carriers.
The non-resident foreign corporations pay MMM, Inc. in US dollars inwardly remitted
through Philippine banks, in accordance with the rules and regulations of the Bangko
Sentral ng Pilipinas.
MMM, Inc. filed its Quarterly VAT Returns for 2000. Subsequently, MMM, Inc. timely filed
with the BIR an administrative claim for the refund of the amount of P6,321,486.50,
representing excess input VAT attributable to its effectively zero-rated sales in 2000.
The BIR ruled to deny the claim for refund of MMM, Inc. because the VAT official receipts
submitted by MMM, Inc. to substantiate said claim did not bear the words "zero-rated" as
required under Section 4.108-1 of Revenue Regulations (RR) No. 7-95. On appeal, the CTA
division and the CT A en bane affirmed the BIR ruling.
MMM, Inc. appealed to the Supreme Court arguing that the NIRC itself did not provide for
such a requirement. RR No. 7-95 should not prevail over a taxpayer's substantive right to
claim tax refund or credit.
a. Rule on the appeal of MMM, Inc. (3%)
b. Will your answer in (a) be any different if MMM, Inc. was claiming refund of
excess input VAT attributable to its effectively zero-rated sales in 2012? (2%)
XXII.
State the conditions for allowing the following as deductions from the gross estate of a
citizen or resident alien for the purpose of imposing estate tax:
a. Claims against the estate (2%)
b. Medical expenses (2%)
---ooo0ooo--2015
MERCANTILE LAW
BAR
EXAMINATIONS
November 22, 2015

8:00 A.M. - 12:00 NN.
INSTRUCTIONS
1. This Questionnaire contains eight (8) pages including these Instructions pages. Check the
There are 16 items (I to XVI) to be answered within/our (4) hours.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation. At the same time, remember that a complete explanation
does not require that you volunteer information or discuss legal doctrines that are not
necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the
question in your Notebook.
4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the given
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I.
A. Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook
and the finder was able to forge her signature and encash the forged check. Will Nadine
be able to recover the amount debited from her checking account from Fair & Square Bank?
Justify your answer. (3%)
B. Is a manager's check as good as cash? Why or why not? (2%)

C. When can you treat a bill of exchange as a promissory note? (3%)
II.
A. Novette entered into a contract for the purchase of certain office supplies. The goods
were shipped. While in transit, the goods were insured by Novette. Does she have an
insurable interest over the goods even before delivery of the same to her? Explain. (2%)
B. Will an insurance policy be binding even if the premium is unpaid? What if it were
partially paid? (3%)
III.
A. Discuss the three-fold character of a bill of lading. (3%)
B. What is a "Jason clause" in a charter party? (2%)
C. Are common carriers liable for injuries to passengers even if they have observed
ordinary diligence and care? Explain. (2%)
IV.
A. Maine Den, Inc. opened an irrevocable letter of credit with Fair Bank, in connection
with Maine Den, Inc.' s importation of spare parts for its textile mills. The imported
parts were released to Maine Den, Inc. after it executed a trust receipt in favor of Fair
Bank. When Maine Den, Inc. was unable to pay its obligation under the trust receipt, Fair
Bank sued Maine Den, Inc. for estafa under the Trust Receipts Law. The court, however,
dismissed the suit. Was the dismissal justified? Why or why not? (3%)
B. Does the rule "res perit domino" apply in trust receipt transactions? Explain. (2%)
V.
A. A standby letter of credit was issued by ABC Bank to secure the obligation of X
Company to Y Company. Under the standby letter of credit, if there is failure on the part
of X Company to perform its obligation, then Y Company will submit to ABC Bank a
certificate of default (in the form prescribed under the standby letter of credit) and
ABC Bank will have to pay Y Company the defaulted amount. Subsequently, Y Company
submitted to ABC Bank a certificate of default notwithstanding the fact that X Company
was not in default. Can ABC Bank refuse to honor the certificate of default? Explain.
(3%)
B. Is the Uniform Customs and Practice for Documentary Credits of the International
Chamber of Commerce applicable to commercial letters of credit issued by a domestic bank
even if not expressly mentioned in such letters of credit? What is the basis for your
answer? (3%)
VI.
A. DEF Corporation has retained surplus profits in excess of 100% of its paid-in capital
stock. However, it is unable to declare dividends, because it had entered into a loan
agreement with a certain creditor wherein the declaration of dividends is not allowed
without the consent of such creditor. If DEF Corporation cannot obtain this consent, will
it be justified in not declaring dividends to its stockholders? Explain. (3%)
B. What is "watered stock" and what is the legal consequence of the issuance of such
stock? (3%)
VII.
A. A foreign company has been exporting goods to a Philippine company for several years
now. When the Philippine company failed to pay the latest exportation, the foreign
company sued to collect in the Philippines. The Philippine company interposed the defense
that the foreign company was doing business in the Philippines without a license; hence,
could not sue before a Philippine court. Is this defense tenable? Explain your answer.
(3%)
B. Define:
1. Doctrine of apparent authority (2%)
2. Trust fund doctrine (2%)
VIII.
Barn filed an action to enjoin SN Company's Board of Directors from selling a parcel of land
registered in the corporation's name, to compel the corporation to recognize Barn as a
stockholder with 50 shares, to allow him to inspect the corporate books, and to claim damages
against the corporation and its officers. Subsequently, the corporation and the individual
defendants moved to dismiss the complaint since the corporation's certificate of registration
was revoked by the SEC during the pendency of Barn's case on the ground of non-compliance with
reportorial requirements. The special commercial court granted the motion and reasoned that only
an action for liquidation of assets can be maintained when a corporation has been dissolved and
Barn cannot seek reliefs which in effect lead to the continuation of the corporation's business.
The court also ruled that it lost jurisdiction over the intra-corporate controversy upon the
dissolution of the corporation.
a.) Was the court correct? (3%)
b.) Four years later, SN Company files an action against Barn to recover corporate assets
allegedly held by the latter for liquidation. Will this action prosper? (3%)
IX.
A. Able Corporation sold securities to 21 non-qualified buyers during a 15-month period,
without registering the securities with the Securities and Exchange Commission. Did Able
Corporation violate the Securities Regulation Code? Explain. (2%)

B. Securities issued by the Philippine government are "exempt securities" and, therefore,
need not be registered with the Securities and Exchange Commission prior to their sale or
offering to the public in the Philippines. What is the rationale behind this exemption?
(2%)
C. Why is the Securities Regulation Code called a "truth in securities law"? (2%)
X.
Mr. and Mrs. Reyes invested their hard-earned savings in securities issued by LEAD Bank. After
discovering that the securities sold to them were not registered with the SEC in violation of
the Securities Regulation Code, the spouses Reyes filed a complaint for nullity of contract and
for recovery of a sum of money with the RTC. LEAD Bank moved to dismiss the case on the ground
that it is the SEC that has primary jurisdiction over actions involving violations of the
Securities Regulation Code. If you were the judge, how would you rule on the motion to dismiss?
(3%)
XI.
A. Why is the Bangko Sentral ng Pilipinas considered a lender of last resort? (2%)
B. Distinguish a conservator from a receiver of a bank. (2%)
C. What is insider trading? (2%)
XII.
A. Raymond invested his money in securities issued by the Philippine government, through
his bank. Subsequently, the Bureau of Internal Revenue asked his bank to disclose his
investments. His bank refused the request for disclosure on the ground that the
investments are confidential under the Secrecy of Bank Deposits Law (Republic Act No.
1405, as amended). Is the bank's refusal justified? Defend your answer. (2%)
B. First Bank received an order of garnishment over a client's peso and dollar deposits
in First Bank. Should First Bank comply with that order? Explain. (3%)
XIII.
A. A commercial bank wants to acquire shares in a cement manufacturing company. Do you
think it can do that? Why or why not? (2%)
B. A court found the interest charged by a bank as excessive and unconscionable and
struck down the contractual stipulation on interest. If you were the judge, what would
you impose as the applicable interest rate? State your legal basis. (2%)
C. What is the single borrower's limit? (2%)
XIV.
A. Differentiate trademark, copyright and patent from each other. (6%)
B. What is the doctrine of equivalents? (2%)
C. In what ways would a case for infringement of trademark be different from a case for
unfair competition? (3%)
XV.
CHEN, Inc., a Taiwanese company, is a manufacturer of tires with the mark Light Year. From 2009
to 2014, Clark Enterprises, a Philippine registered corporation, imported tires from CHEN, Inc.
under several sales contracts and sold them here in the Philippines. In 2015, CHEN, Inc. filed a
trademark application with the Intellectual Property Office (IPO) for the mark Light Year to be
used for tires. The IPO issued CHEN, Inc. a certificate of registration (COR) for said mark.
Clark Enterprises sought the cancellation of the COR and claimed it had a better right to
register the mark Light Year. CHEN, Inc. asserted that it was the owner of the mark and Clark
Enterprises was a mere distributor. Clark Enterprises argued that there was no evidence on
record that the tires it imported from CHEN, Inc. bore the mark Light Year and Clark Enterprises
was able to prove that it was the first to use the mark here in the Philippines. Decide the
case. (4%)
XVI.
A. On the anti-money laundering laws:
1. What is the distinction between a "covered transaction report" and a
"suspicious transaction report"? (2%)
2. Does the Anti-Money Laundering Council have the authority to freeze deposits?
Explain. (2%)
B. On foreign investments:
1. A foreign company has a distributor in the Philippines. The latter acts in his
own name and account. Will this distributorship be considered as doing business
by the foreign company in the Philippines? (3%)
2. ABC Corporation was organized in Malaysia but has a branch in the Philippines.
It is entirely owned by Filipino citizens. Can you consider ABC Corporation a
Philippine national? (2%)
---ooo0ooo---
2015
CRIMINAL LAW
BAR
EXAMINATIONS
November 22, 2015

2:00 P.M. - 6:00 P.M.
INSTRUCTIONS
There are 22 items (I to XXII to be answered within/our (4) hours.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation. At the same time, remember that a complete explanation
does not require that you volunteer information or discuss legal doctrines that are not
necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the
question in your Notebook.
4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the given
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I.
a) How are felonies committed? Explain each. (3%)
b) What is aberratio ictus? (2%)
II.
Distinguish between ex post facto law and bill of attainder. (3%)
III.
The Regional Trial Court {RTC) found Tiburcio guilty of frustrated homicide and sentenced
him to an indeterminate penalty of four years and one day of prision correccional as
minimum, to eight years of prision mayor as maximum, and ordered him to pay actual
damages in the amount of 1125,000.00. Tiburcio appealed to the Court of Appeals which
sustained his conviction as well as the penalty imposed by the court a quo. After sixty
days, the Court of Appeals issued an Entry of Judgment and remanded the records of the
case to the RTC. Three days thereafter, Tiburcio died of heart attack. Atty. Abdul,
Tiburcio's counsel, filed before the RTC a Manifestation with Motion to Dismiss,
informing the court that Tiburcio died already, and claiming that his criminal liability
had been extinguished by his demise.
a) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)
b) Assuming that Tiburcio' s death occurred before the Court of Appeals rendered
its decision, will you give a different answer? Explain. (2.5%)
IV.
Procopio, a call center agent assigned at a graveyard shift, went home earlier than
usual. He proceeded immediately to their bedroom to change his clothes. To his surprise,
he found his wife Bionci in bed making love to another woman Magna. Enraged, Procopio
grabbed a knife nearby and stabbed Bionci, who died.
a) What crime did Procopio commit, and what circumstance attended the case?
Explain. (3%)
b) Assuming that Procopio and Bionci were common-law spouses, will your answer be
the same? Explain. (2%)
V.
Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple
of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in
addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw the
injury that he had inflicted upon Talia and promised her that he would stop drinking and
never beat her again. However, Dion did not make good on his promise. Just after one
week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid
VI.
VII.
VIII.
IX.
X.
that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was
passed out from imbibing too much alcohol. Talia was charged with the crime of parricide.
a) May Talia invoke the defense of Battered Woman Syndrome to free herself from
criminal liability? Explain. (2.5%)
b) Will your answer be the same, assuming that Talia killed Dion after being
beaten up after a second time? Explain. (2.5%)
Senator Adamos was convicted of plunder. About one year after beginning to serve his
sentence, the President of the Philippines granted him absolute pardon. The signed pardon
states: "In view hereof, and in pursuance of the authority vested upon me by the
Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of plunder in
Criminal Case No. XV32 and upon whom the penalty of reclusion perpetua was imposed." He
now comes to you for advice. He wants to know if he could run for senator in the next
election.
a) What advice will you give Adamos? Explain. (2.5%)
b) Assuming that what Adamos committed was heading a rebellion for which he was
imposed the same penalty of reclusion perpetua, and what he received was amnesty
from the government, will your answer be the same? Explain. (2.5%)
Taylor was convicted of a violation of the Election Code, and was sentenced to suffer
imprisonment of one year as minimum, to three years as maximum. The decision of the trial
court was affirmed on appeal and became final and executory. Taylor failed to appear when
summoned for execution of judgment, prompting the judge to issue an order for his arrest.
Taylor was able to use the backdoor and left for the United States. Fifteen years later,
Taylor returned to the Philippines and filed a Motion to Quash the warrant of arrest
against him, on the ground that the penalty imposed against him had already prescribed.
a) If you were the judge, would you grant Taylor's Motion to Quash? Explain.
(2.5%)
b) Assuming that instead of the United States, Taylor was able to go to another
country with which the Philippines had no extradition treaty, will your answer be
the same? Explain. (2.5%)
A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter,
X Municipality operated a shelter assistance program whereby construction materials were
provided to the calamity victims, and the beneficiaries provided the labor. The
construction was partially done when the beneficiaries stopped helping with the
construction for the reason that they needed to earn income to provide food for their
families. When informed of the situation, Mayor Maawain approved the withdrawal of ten
boxes of food from X Municipality's feeding program, which were given to the families of
the beneficiaries of the shelter assistance program. The appropriations for the funds
pertaining to the shelter assistance program and those for the feeding program were
separate items on X Municipality's annual budget.
a) What crime did Mayor Maawain commit? Explain. (2.5%)
b) May Mayor Maawain invoke the defense of good faith and that he had no evil
intent when he approved the transfer of the boxes of food from the feeding
program to the shelter assistance program? Explain. (2.5%)
The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug
pushing activities of Rado, but could not arrest him for lack of concrete evidence. SP03
Relio, a PDEA team leader, approached Emilo and requested him to act as poseur-buyer of
shabu and transact with Rado. Emilo refused, saying that he had completely been
rehabilitated and did not want to have anything to do with drugs anymore. But he was
prevailed upon to help when SP03 Relio explained that only he could help capture Rado
because he used to be his customer. SP03 Relio then gave Emilo the marked money to be
used in buying shabu from Rado. The operation proceeded. After Emilo handed the marked
money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon receiving
the pre-arranged signal from Ernilo, SP03 Relio and his team members barged in and
arrested Rado and Ernilo, who were both charged with violation of R.A. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002.
a) What defense, if any, may Ernilo invoke to free himself from criminal
liability? Explain. (2.5%)
b) May Rado adopt as his own Ernilo's defense? Explain. (2.5%)
Honesto and Wilma were married but had been living separately due to irreconcilable
differences. Honesto later met Celia and fell in love with her. Thinking that he could
marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed
Wilma for weeks to learn her daily routine. He decided to kill her at night on her way
home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would not
be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone whom he
thought looked like Wilma and shot her with a revolver. The bullet passed through the
person's head and grazed another passerby's arm. Some bystanders who heard the shot were
able to stop Honesto.
It turned out that Wilma did not report for work on that day, and the one who was shot in
the head was Melba, who died. The passerby whose arm was grazed by the bullet required
medical attendance for two days.
XI.
XII.
XIII.
XIV.
XV.
XVI.
a) What crime(s) did Honesto commit? Explain. (2.5%)

b) Will your answer be the same, assuming that the other passerby was hit in the
left eye which caused his/her blindness? Explain. (2.5%)
Nel learned that Elgar, the owner of the biggest house in the place, would be out of town
for three days with no one left to watch the house. He called his friends Ben, Ardo and
Gorio and they planned to take the valuables in the house while Elgar was away. Nel and
Ben would go inside the house, Ardo would serve as the lookout, while Gorio would stay in
the getaway car. When Elgar left, they carried out their plan to the letter. Nel and Ben
went inside the house through the backdoor which was left unlocked. None of the rooms and
drawers inside were locked. They took the money, jewelry and other valuables therefrom
and immediately left using the getaway car.
After driving for about one kilometer, Nel realized he left his bag and wallet with IDs
in the house and so he instructed Gorio to drive back to the house. Nel just went in
thinking that the house was still empty. But to his surprise, Nel found Fermin seated on
a bench with Nel's bag and wallet beside him and appeared to be texting using his smart
phone. Nel took a golf club near him and hit Fermin with it. Fermin shouted for help, but
Nel kept hitting him until he stopped making noise. The noise alerted the neighbor who
called the police. Nel, Ben, Ardo and Gorio were caught. Fermin died. What is the
criminal liability of Nel, Ben, Ardo and Gorio? Explain. (5%)
Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a
passenger vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy
Iason, also an Indonesian national, seated at the back portion of the cabin and who was
busy reading a newspaper. Ando stealthily approached Iason and when he was near him, Ando
stabbed and killed Iason. The vessel is registered in Malaysia. The killing happened just
a few moments after the vessel left the port of Manila. Operatives from the PNP Maritime
Command arrested Ando. Presented for the killing of Iason, Ando contended that he did not
incur criminal liability because both he and the victim were Indonesians. He likewise
argued that he could not be prosecuted in Manila because the vessel is a Malaysianregistered ship. Discuss the merits of Ando's contentions. (4%)
Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed that
Elen would remit the proceeds of the sale and return the unsold items to Dora within
sixty days. The period expired without Elen remitting the proceeds of the sale or
returning the pieces of jewelry. Dora demanded by phone that Elen turn over the proceeds
of the sale and return the unsold pieces of jewelry. Elen promised to do so the following
day. El en still failed to make good on her promise but instead issued post-dated checks.
Thereafter, Dora made several more demands, the last of which was in writing, but they
were all unheeded. When the checks were deposited in Dora's bank account, the checks were
returned unpaid for insufficient funds. Elen was charged with estafa and violation of
Batas Pambansa Big. 22. Will the charges against Elen prosper? Explain. (4%)
Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the
processing of the necessary documents. Dela collected P120,000.00 from Nita purportedly
for the processing of her papers. Upon receipt of the money, Nita was made to accomplish
certain forms and was told that she would be deployed to Taiwan within one month. After
one month, Nita followed up on her application. Dela made some excuses and told Nita that
the deployment would be delayed. Another month passed and Dela made other excuses which
made Nita suspicious. Nita later discovered that Dela was not licensed to recruit. Nita
confronted Dela and demanded the return of her money. Dela promised to return the same in
a week's time.
a) A week later, Dela was nowhere to be found. What crime(s) did Dela commit?
Explain. (2.5%)
b) Will your answer still be the same, assuming that the promise to deploy for
employment abroad was made by Dela to Celia, Digna and Emma, in addition to Nita,
and from whom Dela also collected the same amount of processing fee? Explain.
(2.5%)
Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of
X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri, the
guard in charge who had been receiving gifts from Brusco everytime he visited Dancio,
became friendly with him and became relaxed in the inspection of his belongings during
his jail visits. In one of Brusco's visits, he was able to smuggle in a pistol which
Dancio used to disarm the guards and destroy the padlock of the main gate of the jail,
enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain.
(5%)
Erwin and Bea approached Mayor Abral and requested him to solemnize their marriage. Mayor
Abral agreed. Erwin and Bea went to Mayor Abral's office on the day of the ceremony, but
Mayor Abral was not there. When Erwin and Bea inquired where Mayor Abral was, his chief
of staff Donato informed them that the Mayor was campaigning for the coming elections.
Donato told them that the Mayor authorized him to solemnize the marriage and that Mayor
Abral would just sign the documents when he arrived. Donato thereafter solemnized the
marriage and later turned over the documents to Mayor Abral for his signature. In the
marriage contract, it was stated that the marriage was solemnized by Mayor Abral. What
crime(s) did Mayor Abral and Donato commit? Explain. (4%)

After a heated argument over his philandering, Higino punched on the head his wife Aika,
who was six and a half months pregnant. Because of the impact, Aika lost her balance,
fell on the floor with her head hitting a hard object. Aika died and the child was
expelled prematurely. After thirty-six hours, the child died.
a) What crime(s) did Higino commit? Explain. (2.5%)
b) Assuming that when the incident occurred, Aika was only six months pregnant,
and when she died, the fetus inside her womb also died, will your answer be
different? Explain. (2.5%)
XVIII.
Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the key
to the safe where his father kept his licensed pistol and took the weapon. Knowing that
Brutus usually hung out at a nearby abandoned building after class, Lito went ahead and
hid while waiting for Brutus. When Lito was convinced that Brutus was alone, he shot
Brutus, who died on the spot. Lito then hid the gun in one of the empty containers. At
the time of the shooting, Lito was fifteen years and one month old. What is Lito's
criminal liability? Explain. (4%)
XIX.
Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due
in one week. He was starting to worry because he still had not raised the amount to pay
for his debt. Every day, he had prayed for divine intervention. One night, while
returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he
learned that it contained exactly Pl 0,000.00 cash, the amount of his obligation, and
IDs. Thinking it was divine intervention, and that his prayers were answered, he took the
money and used it to pay his debt.
a) What crime, if any, did Bruno commit? Explain. (2.5%)
b) Assuming that instead of using the money, Bruno turned over the wallet and its
contents to the nearby police station, and it was the chief of police of that
station who appropriated the money for his own benefit, what crime was committed
by the chief of police? Explain. (2.5%)
XX.
Senio planned to burn Bal' s house. One evening, during a drinking spree at his house,
Senio told his friends what he intended to do and even showed them the gasoline in cans
that he would use for the purpose. Carlo, a common friend of Senio and Bal, was present
at the drinking spree. He was still sober when Senio told them his plans. Before going
home, Carlo warned Bal that Senio would burn his house and had already bought gasoline
that would be used for the purpose. Bal reported the matter to the police authorities.
Meanwhile, Senio went to Bal' s house and proceeded to pour gasoline around the walls of
the house and it was at that point when he was caught by the police. What crime did Senio
commit, if any? Explain. (3%)
XXI.
Filipino citizens Hector and Wendy were married in New York, and have been living happily
in Manila for the last three years. Hector was removing junk from his basement when he
came across an unlabeled recordable cd. He put it in his computer's DVD drive to check
its contents. To his surprise, he saw a video of Wendy and another man Ariel, in the act
of sexual intercourse in the master's bedroom of his house. Angered by what he saw, he
filed a complaint for adultery against Wendy and Ariel. During the course of the trial,
and again to the surprise of Hector, it was proved that Wendy was born male and underwent
sex reassignment later in life.
a) May Hector's charge of adultery against Wendy and Ariel prosper? Explain. (3%)
b) What is an impossible crime? Can there be an impossible crime of adultery?
(2%)
XXII.
Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was
14 years old at the time the crime was committed and that Charlie was AAA's stepfather.
The presentation of AAA's birth certificate during the trial duly established the
following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that
AAA's mother is BBB and her father was the late CCC. BBB and Charlie only became live-in
partners after CCC's death. The RTC found Charlie guilty of qualified rape. On appeal,
the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the
Supreme Court. How will you rule and why? (3%)
---ooo0ooo--XVII.
2015
REMEDIAL LAW
November 29, 2015
BAR
8:00 A.M. - 12:00 NN.
EXAMINATIONS
INSTRUCTIONS
1. This Questionnaire contains twelve (12) pages including these Instructions pages. Check the
There are 18 items (I to XVIII) to be answered within/our (4) hours.
your Notebook.
JUSTICE
TERESITA
J.
LEONARDO-DE
CASTRO
Chairperson
I.
Lender extended to Borrower a Pl00,000.00 loan covered by a promissory note. Later,
Borrower obtained another Pl00,000.00 loan again covered by a promissory note. Still
later, Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land
valued at 11500,000.00. Borrower defaulted on his payments when the loans matured.
Despite demand to pay the llS00,000.00 loan, Borrower refused to pay. Lender, applying
the totality rule, filed against Borrower with the Regional Trial Court (RTC) of Manila,
a collection suit for P500,000.00.
a.) Did Lender correctly apply the totality rule and the rule on joinder of causes
of action? (2%)
At the trial, Borrower's lawyer, while cross-examining Lender, successfully
elicited an admission from the latter that the two promissory notes have been
paid. Thereafter, Borrower's lawyer filed a motion to dismiss the case on the
ground that as proven only P300,000.00 was the amount due to Lender and which
claim is within the exclusive original jurisdiction of the Metropolitan Trial
Court. He further argued that lack of jurisdiction over the subject matter can be
raised at any stage of the proceedings.
b.) Should the court dismiss the case? (3%)
II.
Circe filed with the RTC a complaint for the foreclosure of real estate mortgage against
siblings Scylla and Charybdis, co-owners of the property and cosignatories to the
mortgage deed. The siblings permanently reside in Athens, Greece. Circe tipped off
Sheriff Pluto that Scylla is on a balikbayan trip and is billeted at the Century Plaza
Hotel in Pasay City. Sheriff Pluto went to the hotel and personally served Scylla the
summons, but the latter refused to receive summons for Charybdis as she was not
authorized to do so. Sheriff Pluto requested Scylla for the email address and fax number
of Charybdis which the latter readily gave. Sheriff Pluto, in his return of the summons,
stated that "Summons for Scylla was served personally as shown by her signature on the
receiving copy of the summons. Summons on Charybdis was served pursuant to the amendment
of Rule 14 by facsimile transmittal of the summons and complaint on defendant's fax
number as evidenced by transmission verification report automatically generated by the
fax machine indicating that it was received by the fax number to which it was sent on the
date and time indicated therein."
Circe, sixty (60) days after her receipt of Sheriff Pluto's return, filed a Motion to
Declare Charybdis in default as Charybdis did not file any responsive pleading.
a.) Should the court declare Charybdis in default? (2%)
III.
IV.
V.
VI.
VII.
Scylla seasonably filed her answer setting forth therein as a defense that
Charybdis had paid the mortgage debt.
b.) On the premise that Charybdis was properly declared in default, what is the
effect of Scylla's answer to the complaint? (2%)
Juliet invoking the provisions of the Rule on Violence Against Women and their Children
filed with the RTC designated as a Family Court a petition for issuance of a Temporary
Protection Order (TPO) against her husband, Romeo. The Family Court issued a 30-day TPO
against Romeo. A day before the expiration of the TPO, Juliet filed a motion for
extension. Romeo in his opposition raised, among others, the constitutionality of R.A.
No. 9262 (The VAWC Law) arguing that the law authorizing the issuance of a TPO violates
the equal protection and due process clauses of the 1987 Constitution. The Family Court
judge, in granting the motion for extension of the TPO, declined to rule on the
constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts
are without jurisdiction to pass upon constitutional issues, being a special court of
limited jurisdiction and R.A. No. 8369, the law creating the Family Courts, does not
provide for such jurisdiction. Is the Family Court judge correct when he declined to
resolve the constitutionality of R.A. No. 9262? (3%)
Strauss filed a complaint against Wagner for cancellation of title. Wagner moved to
dismiss the complaint because Grieg, to whom he mortgaged the property as duly annotated
in the TCT, was not impleaded as defendant.
a.) Should the complaint be dismissed? (3%)
b.) If the case should proceed to trial without Grieg being impleaded as a party
to the case, what is his remedy to protect his interest? (2%)
Ernie filed a petition for guardianship over the person and properties of his father,
Ernesto. Upon receipt of the notice of hearing, Ernesto filed an opposition to the
petition. Ernie, before the hearing of the petition, filed a motion to order Ernesto to
submit himself for mental and physical examination which the court granted.
After Ernie's lawyer completed the presentation of evidence in support of the petition
and the court's ruling on the formal offer of evidence, Ernesto's lawyer filed a demurrer
to evidence.
Ernie's lawyer objected on the ground that a demurrer to evidence is not proper in a
special proceeding.
a.) Was Ernie's counsel's objection proper? (2%)
b.) If Ernesto defies the court's order directing him to submit to physical and
mental examinations, can the court order his arrest? (2%)
A law was passed declaring Mt. Karbungko as a protected area since it as a major
watershed. The protected area covered a portion located in Municipality A of the Province
I and a portion located in the City of Z of Province II. Maingat is the leader of Samahan
ng Tagapag-ingat ng Karbungko (STK), a people's organization. He learned that a portion
of the mountain located in the City of Z of Province II was extremely damaged when it was
bulldozed and leveled to the ground, and several trees and plants were cut down and
burned by workers of World Pleasure Resorts, Inc. (WPRI) for the construction of a hotel
and golf course. Upon inquiry with the project site engineer if they had a permit for the
project, Maingat was shown a copy of the Environmental Compliance Certificate (ECC)
issued by the DENR-EMB, Regional Director (RD-DENR-EMB). Immediately, Maingat and STK
filed a petition for the issuance of a writ of continuing mandamus against RD-DENR-EMB
and WPRI with the RTC of Province I, a designated environmental court, as the RD-DENR-EMB
negligently issued the ECC to WPRI.
On scrutiny of the petition, the court determined that the area where the alleged
actionable neglect or omission subject of the petition took place in the City of Z of
Province II, and therefore cognizable by the RTC of Province II. Thus, the court
dismissed outright the petition for lack of jurisdiction.
a.) Was the court correct in motu proprio dismissing the petition? (3%)
Assuming that the court did not dismiss the petition, the RD-DENR-EMB in his
Comment moved to dismiss the petition on the ground that petitioners failed to
appeal the issuance of the ECC and to exhaust administrative remedies provided in
the DENR Rules and Regulations.
b.) Should the court dismiss the petition? (3%)
Plaintiff sued defendant for collection of P 1 million based on the latter's promissory
note. The complaint alleges, among others:
1) Defendant borrowed P1 million from plaintiff as evidenced by a duly executed
promissory note;
2) The promissory note reads:
"Makati,
Philippines
Dec. 30, 2014
For value received from plaintiff, defendant promises to pay plaintiff Pl million, twelve
(12) months from the above indicated date without necessity of demand.
Signed
Defendant"
A copy of the promissory note is attached as Annex "A."
Defendant, in his verified answer, alleged among others:
VIII.
IX.
X.
XI.
1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the complaint,

the truth being defendant did not execute any promissory note in favor of plaintiff, or
2) Defendant has paid the Ill million claimed in the promissory note (Annex "A" of the
Complaint) as evidenced by an "Acknowledgment Receipt" duly executed by plaintiff on
January 30, 2015 in Manila with his spouse signing as witness.
A copy of the "Acknowledgment Receipt" is attached as Annex "1" hereof.
Plaintiff filed a motion for judgment on the pleadings on the ground that defendant's
answer failed to tender an issue as the allegations therein on his defenses are sham for
being inconsistent; hence, no defense at all. Defendant filed an opposition claiming his
answer tendered an issue.
a.) Is judgment on the pleadings proper? (3%)
Defendant filed a motion for summary judgment on the ground that there are no
longer any triable genuine issues of facts.
b.) Should the court grant defendant's motion for summary judgment? (3%)
Aldrin entered into a contract to sell with Neil over a parcel of land. The contract
stipulated a P500,000.00 down payment upon signing and the balance payable in twelve (12)
monthly installments of Pl00,000.00. Aldrin paid the down payment and had paid three (3)
monthly installments when he found out that Neil had sold the same property to Yuri for
Pl.5 million paid in cash. Aldrin sued Neil for specific performance with damages with
the RTC. Yuri, with leave of court, filed an answer-in-intervention as he had already
obtained a TCT in his name. After trial, the court rendered judgment ordering Aldrin to
pay all the installments due, the cancellation of Yuri's title, and Neil to execute a
deed of sale in favor of Aldrin. When the judgment became final and executory, Aldrin
paid Neil all the installments but the latter refused to execute the deed of sale in
favor of the former.
Aldrin filed a "Petition for the Issuance of a Writ of Execution" with proper notice of
hearing. The petition alleged, among others, that the decision had become final and
executory and he is entitled to the issuance of the writ of execution as a matter of
right. Neil filed a motion to dismiss the petition on the ground that it lacked the
required certification against forum shopping.
a.) Should the court grant Neil's Motion to Dismiss? (3%)
Despite the issuance of the writ of execution directing Neil to execute the deed
of sale in favor of Aldrin, the former obstinately refused to execute the deed.
b.) What is Aldrin's remedy? (2%)
Hades, an American citizen, through a dating website, got acquainted with Persephone, a
Filipina. Hades came to the Philippines and proceeded to Baguio City where Persephone
resides. Hades and Persephone contracted marriage, solemnized by the Metropolitan Trial
Court judge of Makati City. After the wedding, Hades flew back to California, United
States of America, to wind up his business affairs. On his return to the Philippines,
Hades discovered that Persephone had an illicit affair with Phanes. Immediately, Hades
returned to the United States and was able to obtain a valid divorce decree from the
Superior Court of the County of San Mateo, California, a court of competent jurisdiction
against Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at Baccus
Grill in Pasay City.
a.) As Hades' lawyer, what petition should you file in order that your client can
avoid prosecution for bigamy ifhe desires to marry Hestia? (2%)
b.) In what court should you file the petition? (1%)
c.) What is the essential requisite that you must comply with for the purpose of
establishing jurisdictional facts before the court can hear the petition? (3%)
An information for murder was filed against Rapido. The RTC judge, after personally
evaluating the prosecutor's resolution, documents and parties' affidavits submitted by
the prosecutor, found probable cause and issued a warrant of arrest. Rapido's lawyer
examined the rollo of the case and found that it only contained the copy of the
information, the submissions of the prosecutor and a copy of the warrant of arrest.
Immediately, Rapido's counsel filed a motion to quash the arrest warrant for being void,
citing as grounds:
a.) The judge before issuing the warrant did not personally conduct a searching
examination of the prosecution witnesses in violation of his client's
constitutionally-mandated rights;
b.) There was no prior order finding probable cause before the judge issued the
arrest warrant.
May the warrant of arrest be quashed on the grounds cited by Rapido's counsel?
State your reason for each ground. (4%)
The Ombudsman found probable cause to charge with plunder the provincial governor, vice
governor, treasurer, budget officer, and accountant. An Information for plunder was filed
with the Sandiganbayan against the provincial officials except for the treasurer who was
granted immunity when he agreed to cooperate with the Ombudsman in the prosecution of the
case. Immediately, the governor filed with the Sandiganbayan a petition for certiorari
against the Ombudsman claiming there was grave abuse of discretion in excluding the
treasurer from the Information.
a.) Was the remedy taken by the governor correct? (2%)
XII.
XIII.
XIV.
XV.
b.) Will the writ of mandamus lie to compel the Ombudsman to include the treasurer
in the Information? (3%)
c.) Can the Special Prosecutor move for the discharge of the budget officer to
corroborate the testimony of the treasurer in the course of presenting its
evidence? (2%)
Paz was awakened by a commotion coming from a condo unit next to hers. Alarmed, she
called up the nearby police station. PO 1 Remus and P02 Romulus proceeded to the condo
unit identified by Paz. PO 1 Remus knocked at the door and when a man opened the door,
POI Remus and his companions introduced themselves as police officers. The man readily
identified himself as Oasis Jung and gestured to them to come in. Inside, the police
officers saw a young lady with her nose bleeding and face swollen. Asked by P02 Romulus
what happened, the lady responded that she was beaten up by Oasis Jung. The police
officers arrested Oasis Jung and brought him and the young lady back to the police
station. PO1 Remus took the young lady's statement who identified herself as AA. She
narrated that she is a sixteen-year-old high school student; that previous to the
incident, she had sexual intercourse with Oasis Jung at least five times on different
occasions and she was paid P5,000.00 each time and it was the first time that Oasis Jung
physically hurt her. P02 Romulus detained Oasis Jung at the station's jail. After the
inquest proceeding, the public prosecutor filed an information for Violation of R.A. No.
9262 (The VA WC Law) for physical violence and five separate informations for violation
of R.A. No. 7610 (The Child Abuse Law). Oasis Jung's lawyer filed a motion to be admitted
to bail but the court issued an order that approval of his bail bond shall be made only
after his arraignment.
a.) Did the court properly impose that bail condition? (3%)
Before arraignment, Oasis Jung's lawyer moved to quash the other four separate
informations for violation of the child abuse law invoking the single larceny
rule.
b.) Should the motion to quash be granted? (2%)
c.) After his release from detention on bail, can Oasis Jung still question the
validity of his arrest? (2%)
Jaime was convicted for murder by the Regional Trial Court of Davao City in a decision
promulgated on September 30, 2015. On October 5, 2015, Jaime filed a Motion for New Trial
on the ground that errors of law and irregularities prejudicial to his rights were
committed during his trial. On October 7, 2015, the private prosecutor, with the
conformity of the public prosecutor, filed an Opposition to Jaime's motion. On October 9,
2015, the court granted Jaime's motion. On October 12, 2015, the public prosecutor filed
a motion for reconsideration. The court issued an Order dated October 16, 2015 denying
the public prosecutor's motion for reconsideration. The public prosecutor received his
copy of the order of denial on October 20, 2015 while the private prosecutor received his
copy on October 26, 2015.
a.) What is the remedy available to the prosecution from the court's order
granting Jaime's motion for new trial? (3%)
b.) In what court and within what period should a remedy be availed of? (1%)
c.) Who should pursue the remedy? (2%)
Pedro was charged with theft for stealing Juan's cellphone worth P20,000.00. Prosecutor
Marilag at the pre-trial submitted the judicial affidavit of Juan attaching the receipt
for the purchase of the cellphone to prove civil liability. She also submitted the
judicial affidavit of Mario, an eyewitness who narrated therein how Pedro stole Juan's
cellphone.
At the trial, Pedro's lawyer objected to the prosecution's use of judicial affidavits of
her witnesses considering the imposable penalty on the offense with which his client was
charged.
a.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Mario?
(2%)
b.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Juan? (2%)
At the conclusion of the prosecution's presentation of evidence, Prosecutor
Marilag orally offered the receipt attached to Juan's judicial affidavit, which
the court admitted over the objection of Pedro's lawyer.
After Pedro's presentation of his evidence, the court rendered judgment finding
him guilty as charged and holding him civilly liable for P20,000.00.
Pedro's lawyer seasonably filed a motion for reconsideration of the decision
asserting that the court erred in awarding the civil liability on the basis of
Juan's judicial affidavit, a documentary evidence which Prosecutor Marilag failed
to orally offer.
c.) Is the motion for reconsideration meritorious? (2%)
Water Builders, a construction company based in Makati City, entered into a construction
agreement with Super Powers, Inc., an energy company based in
Manila, for the construction of a mini hydro electric plant. Water Builders failed to
complete the project within the stipulated duration. Super Powers cancelled the contract.
Water Builders filed a request for arbitration with the Construction Industry Arbitration
Commission (CIAC). After due proceedings, CIAC rendered judgment in favor of Super
Powers, Inc. ordering Water Builders to pay the former P10 million, the full amount of
the down payment paid, and P2 million by way of liquidated damages. Dissatisfied with the
CIAC's judgment, Water Builders, pursuant to the Special Rules of Court on Alternative
Dispute Resolution (ADR Rules) filed with the RTC of Pasay City a petition to vacate the
arbitral award. Super Powers, Inc., in its opposition, moved to dismiss the petition,
invoking the ADR Rules, on the ground of improper venue as neither of the parties were
doing business in Pasay City.
Should Water Builders' petition be dismissed? (3%)
XVI.
AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her.
Later, BB brought AA to a nearby shanty where he raped her. The Information for rape
filed against BB states:
"On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this
Honorable Court, the accused, a minor, fifteen (15) years old with lewd design and by
means of force, violence and intimidation, did then and there, willfully, unlawfully and
feloniously had sexual intercourse with AA, a minor, twelve (12) years old against the
latter's will and consent."
At the trial, the prosecutor called to the witness stand AA as his first witness and
manifested that he be allowed to ask leading questions in conducting his direct
examination pursuant to the Rule on the Examination of a Child Witness. BB's counsel
objected on the ground that the prosecutor has not conducted a competency examination on
the witness, a requirement before the rule cited can be applied in the case.
a.) Is BB's counsel correct? (3%)
In order to obviate the counsel's argument on the competency of AA as prosecution
witness, the judge motu proprio conducted his voir dire examination on AA.
b.) Was the action taken by the judge proper? (2%)
After the prosecution had rested its case, BB' s counsel filed with leave a
demurrer to evidence, seeking the dismissal of the case on the ground that the
prosecutor failed to present any evidence on BB' s minority as alleged in the
Information.
c.) Should the court grant the demurrer? (3%)
XVII.
Hercules was walking near a police station when a police officer signaled for him to
approach. As soon as Hercules came near, the police officer frisked him but the latter
found no contraband. The police officer told Hercules to get inside the police station.
Inside the police station, Hercules asked the police officer, "Sir, may problema po ba?"
Instead of replying, the police officer locked up Hercules inside the police station
jail.
a.) What is the remedy available to Hercules to secure his immediate release from
detention? (2%)
b.) If Hercules filed with the Ombudsman a complaint for warrantless search, as
counsel for the police officer, what defense will you raise for the dismissal of
the complaint? (3%)
c.) If Hercules opts to file a civil action against the police officer, will he
have a cause of action? (3%)
XVIII.
The residents of Mt. Ahohoy, headed by Masigasig, formed a nongovernmental organization Alyansa Laban sa Minahan sa Ahohoy (ALMA) to protest the mining operations of Oro Negro
Mining in the mountain. ALMA members picketed daily at the entrance of the mining site
blocking the ingress and egress of trucks and equipment of Oro Negro, hampering its
operations. Masigasig had an altercation with Mapusok arising from the complaint of the
mining engineer of Oro Negro that one of their trucks was destroyed by ALMA members.
Mapusok is the leader of the Association of Peace Keepers of Ahohoy (APKA), a civilian
volunteer organization serving as auxiliary force of the local police to maintain peace
and order in the area. Subsequently, Masigasig disappeared. Mayumi, the wife of
Masigasig, and the members of ALMA searched for Masigasig, but all their efforts proved
futile. Mapagmatyag, a member of ALMA, learned from Maingay, a member of APKA, during
their binge drinking that Masigasig was abducted by other members of APKA, on order of
Mapusok. Mayumi and ALMA sought the assistance of the local police to search for
Masigasig, but they refused to extend their cooperation.
Immediately, Mayumi filed with the RTC, a petition for the issuance of the writ of amparo
against Mapusok and APKA. ALMA also filed a petition for the issuance of the writ of
amparo with the Court of Appeals against Mapusok and APKA. Respondents Mapusok and APKA,
in their Return filed with the RTC, raised among their defenses that they are not agents
of the State; hence, cannot be impleaded as respondents in an amparo petition.
a.) Is their defense tenable? (3%)
Respondents Mapusok and APKA, in their Return filed with the Court of Appeals,
raised as their defense that the petition should be dismissed on the ground that
ALMA cannot file the petition because of the earlier petition filed by Mayumi with
the RTC.
b.) Are respondents correct in raising their defense? (3%)
c.) Mayumi later filed separate criminal and civil actions against Mapusok. How
will the cases affect the amparo petition she earlier filed? (1%)
---ooo0ooo---

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quarters in the same year.

(a) Are LFEU's claims correct? Explain. (4%)

November 15, 2015

page and the immediately succeeding pages until completed.

November 15, 2015

themselves of said exemption. How will you respond? (4%)

November 22, 2015

B. Is a manager's check as good as cash? Why or why not? (2%)

Corporation violate the Securities Regulation Code? Explain. (2%)

November 22, 2015

a) What crime(s) did Honesto commit? Explain. (2.5%)

crime(s) did Mayor Abral and Donato commit? Explain. (4%)

November 29, 2015

8:00 A.M. - 12:00 NN.

1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the complaint,

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