Mock Bar Questions

2016 BAR EXAMINATIONS
POLITICAL LAW
August 3, 2018 8:00 A.M. - 12:00 N.N.

INSTRUCTIONS
1. This Questionnaire contains ten (10) pages. Check the number of pages and make sure it has the
correct number of pages and their proper numbers.
All the items have to be answered within/our (4) hours. Since there are twenty (20) questions, you
have 12 minutes to answer each question, and 6 minutes to answer · each sub-question. You may
write on the Questionnaire for notes relating to the questions.
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 of every sheet in your
Notebook. If not sufficient then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.
2. 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, apply the pertinent . laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, jurisprudence, and the facts.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
full credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. You do not need to re-write or repeat the question in your Notebook.
3. Make sure you do not write your name or any extraneous note/s or distinctive markingls 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.
YOU CAN BRING HOME THE QUESTIONNAIRE.
JUSTICE PRESBITERO J. VELASCO, JR.

Chairman
2016 Bar Examinations
-I-
The contents of the vault of ABC company consisting of cash and documents were stolen. Paulyn,
the treasurer of ABC, was invited by the Makati City Police Department to shed light on the amount
of cash stolen and the details of the missing documents. Paulyn obliged and volunteered the
information asked. Later, Paulyn was charged with qualified theft together with other suspects. Paulyn
claims her rights under the Constitution and pertinent laws were blatantly violated. The police
explained that they were just gathering evidence when Paulyn was invited for a conference and she
was not a suspect at that time. Rule on her defense. (5%)
-II-
Sec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any other form of
authorization for the operation of a public utility shall be granted except to citizens of the Philippines
or to corporations or associations organized under the laws of the Philippines at least sixty per centum
of whose capital is owned by such citizens xx x." Does the term "capital" mentioned in the cited
section refer to the total common shares only, or to the total outstanding capital stock, or to both or
"separately to each class of shares, whether common, preferred non-voting, preferred voting or any
class of shares?" Explain your answer. (5%)
-III-
A law converted the component city of Malumanay, Laguna into a highly urbanized city. The Local
Government Code (LGC) provides that the conversion "shall take effect only after it is approved by
the majority of votes cast in a plebiscite to be held in the political units directly affected."
Before the COMELEC, Mayor Xenon ofMalumanay City insists that only the registered voters of the
city should vote in the plebiscite because the city is the only political unit directly affected by the
conversion. Governor Yuri asserts that all the registered voters of the entire province of Laguna
should participate in the plebiscite, because when the LGC speaks of the "qualified voters therein," it
means all the voters of all the political units affected by such conversion, and that includes all the
voters of the entire province. He argues that the income, population and area of Laguna will be
reduced. Who, between Mayor Xenon and Governor Yuri, is correct? Explain your answer. (5%)
-IV-
Several concerned residents of the areas fronting Manila Bay, among them a group of students who
are minors, filed a suit against the Metro Manila Development · Authority (MMDA), the Department
of Environment and Natural Resources (DENR), the Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education (DepEd), the Department of Interior and Local
Government (DILG), and a number of other executive agencies, asking the court to order them to
perform their duties relating to the cleanup, rehabilitation and protection of Manila Bay. The complaint
alleges that the continued neglect by defendants and their failure to prevent and abate pollution in
Manila Bay constitute a violation of the petitioners' constitutional right to life, health and a balanced
ecology.
[a] If the defendants assert that the students/petitioners who are minors do not have locus
standi to file the action, is the assertion correct? Explain your answer. (2.5%)
[b] In its decision which attained finality, the Court ordered the defendants to clean up,
rehabilitate and sanitize Manila Bay within eighteen (18) months, and to submit to the Court
periodic reports of their accomplishment, so that the Court can monitor and oversee the
activities undertaken by the agencies in compliance with the Court's directives. Subsequently,
a resolution was issued extending the time periods within which the agencies should comply
with the directives covered by the final decision. A view was raised that the Court's continued
intervention after the case has been decided violates the doctrine of separation of powers
considering that the government agencies all belong to the Executive Department and are
under the control of the President. Is this contention correct? Why or why not? (2.5%)
-V-
Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board, defining its powers and
functions, providing funds therefor and for other purposes," provides that: "All fees, revenues and
receipts of the Board from any and all sources x x x shall form part of a Special Fund to be used to
finance energy resource development and exploitation programs and projects of the government and
for such other purposes as may be hereafter directed by the President."
The Malampaya NGO contends that the provision constitutes an undue delegation of legislative
power since the phrase "and for such other purposes as may be hereafter directed by the President"
gives the President unbridled discretion to determine the purpose for which the funds will be used.
On the other hand, the government urges the application of ejusdem generis.
[a] Explain the "completeness test" and "sufficient standard test." (2.5%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2.5%)
-VI-
Pornographic materials in the form of tabloids, magazines and other printed materials, proliferate and
are being sold openly in the streets of Masaya City. The City Mayor organized a task force which
confiscated these materials. He then ordered that the materials be burned in public. Dominador,
publisher of the magazine, "Plaything", filed a suit, raising the following constitutional issues: (a) the
confiscation of the materials constituted an illegal search and seizure, because the same was done
without a valid search warrant; and (b) the confiscation, as well as the proposed destruction of the
materials, is a denial of the right to disseminate information, and thus, violates the constitutional right
to freedom of expression. Is either or both contentions proper? Explain your answer. (5%)
-VII-
Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing that
Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit his driver's license but Ernesto failed to
produce it. SPOI Jojo requested Ernesto to alight from the vehicle and the latter acceded. Upon
observing a bulge in the pants of Ernesto, the policeman frisked him and found an unlicensed .22-
caliber pistol inside Ernesto's right pocket. Ernesto was arrested, detained and charged. At the trial,
Ernesto, through his lawyer, argued that, policemen at mobile checkpoints are empowered to conduct
nothing more than a ''visual search". They cannot order the persons riding the vehicle to alight. They
cannot frisk, or conduct a body search of the driver or the passengers of the vehicle.
Ernesto's lawyer thus posited that:

[a] The search conducted in violation of the Constitution and established jurisprudence was
an illegal search; thus, the gun which was seized in the course of an illegal search is the "fruit
of the poisonous tree" and is inadmissible in evidence. (2.5%)
[b] The arrest made as a consequence of the invalid search was likewise illegal, because an
unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%)
Rule on the correctness of the foregoing arguments, with reasons.
-VIII-
A law is passed intended to protect women and children from all forms of violence. When a woman
perceives an act to be an act of violence or a threat of violence against her, she may apply for a
Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force
and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to
court to challenge the constitutionality of the law. He raises the following grounds:
[a] The law violates the equal protection clause, because while it extends protection to women
who may be victims of violence by their husbands, it does not extend the same protection to
husbands who may be battered by their wives. (2.5%)
[b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of judicial power, because obviously, the issuance of
the BPO entails the exercise of judicial power. (2.5%)
Rule on the validity of the grounds raised by Conrado, with reasons.
-IX-
The Government, through Secretary Toogoody of the Department of · Transportation (DOTr), filed a
complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero.
The court granted the expropriation, fixed the amount of just compensation, and installed the
Government in full possession of the property.
[a] If the Government does not immediately pay the amount fixed by the court as just
compensation, can Baldomero successfully demand the return of the property to him? Explain
your answer. (2.5%)
[b] If the Government paid full compensation but after two years it abandoned its plan to build
an airport on the property, can Baldomero compel the Government to re-sell the property
back to him? Explain your answer. (2.5%)
-X-
The Philippines entered into an international agreement with members of the international community
creating the International Economic Organization (IEO) which will serve as a forum to address
economic issues between States, create standards, encourage greater volume of trade between its
members, and settle economic disputes. After the Philippine President signed the agreement, the
Philippine Senate demanded that the international agreement be submitted to it for its ratification.
The President refused, arguing that it is an executive agreement that merely created an international
organization and it dwells mainly on addressing economic issues among States.
Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)
-XI-
The USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters on its
way to Australia. Because of the negligence of the naval officials on board, the vessel ran aground
off the island of Pala wan, damaging coral reefs and other marine resources in the area. Officials of
Palawan filed a suit for damages against the naval officials for their negligence, and against the U.S.,
based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS).
Article 31 provides that the Flag State shall bear international responsibility for any loss or damage
to the Coastal State resulting from noncompliance by a warship with the laws and regulations of the
coastal State concerning passage through the territorial sea. The U. S. Government raised the
defenses that:
[a] The Philippine courts cannot exercise jurisdiction over another sovereign State, including
its warship and naval officials. (2.5%)
[b] The United States is not a signatory to UN CLOS and thus cannot be bound by its
provisions. (2.5%)
Rule on the validity of the defenses raised by the U.S., with reasons.
-XII-
Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide:
"Sec. 36. Authorized drug testing. xx x The following shall be subjected to undergo drug testing: xx x
c. Students of secondary and tertiary schools x x x;
d. Officers and employees of public and private offices x x x;
f. All persons charged before the prosecutor's office with a criminal offense having an
imposable imprisonment of not less than 6 years and 1 day;"
Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the right to
privacy, the right against unreasonable searches and seizures and the equal protection clause.
Decide if the assailed provisions are unconstitutional. (5%)
-XIII-
While Congress was not in session, the President appointed Antero as Secretary of the Department
of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman
of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights
(CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees
took their oath before the President, and commenced to perform the functions of their respective
offices.
[a] Characterize the appointments, whether permanent or temporary; and whether regular or
interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit,
contesting the legality of the acts of the appointees and claiming that the appointees should
not have entered into the performance of the functions of their respective offices, because
their appointments had not yet been confirmed by the Commission on Appointments. Is this
claim of VAMP correct? Why or why not? (2.5%)
-XIV-
Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married
Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In
2015, the couple and their children --Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all
born in the U.S. -- returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he
could reacquire Philippine citizenship without losing his American citizenship, Onofre went home to
the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28, 2015,
he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of Congressman
in his home province of Pala wan, running against re-electionist Congressman Profundo.
[a] Did Onofre's reacquisition of Philippine citizenship benefit his wife, Salvacion, and their
minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny Due Course
or to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his
Petition to support it? Explain your answer. (2.5%)
-XV-
Congress passed a bill appropriating PlOO-billion. Part of the money is to be used for the purchase
of a 200-hectare property in Antipolo. The rest shall be spent for the development of the area and the
construction of the Universal Temple for All the World's Faiths (UTAW-F). When completed, the site
will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall
be accommodated and treated in a fair and equal manner, without distinction, favor, or prejudice.
There will also be individual segments or zones in the area which can be used for the conduct of
whatever rituals, services, sacraments, or ceremonials that may be required by the customs or
practices of each particular religion. The President approved the bill, happy in the thought that this
could start the healing process of our wounded country and encourage people of varied and
oftenconflicting faiths to live together in harmony and in peace.
If the law is questioned on the ground that it violates Sec. 5, Article III of the Constitution that "no law
shall be made respecting an establishment of religion or prohibiting the free exercise thereof," how
will you resolve the challenge? Explain. (5%)
-XVI-
Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with the Office of the
City Prosecutor of Manila. The crime is punishable with arresto mayor to prision correccional in its
minimum period, or not to exceed 4 years and 2 months. The case was assigned to Prosecutor Tristan
and he applied Sec. 8(a) of Rule 112 which reads: "(a) If filed with the prosecutor. - If the complaint
is filed directly with the prosecutor involving an offense punishable by imprisonment of less than four
(4) years, two (2) months and one (1) day, the procedure outlined in Sec. 3(a) of this Rule shall be
observed. The Prosecutor shall act on the complaint within ten (10) days from its filing."
On the other hand, Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the address of the
respondent and shall be accompanied by affidavits of the complainant and his witnesses as well as
other supporting documents to establish probable cause. x x x"
Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the affidavits and
other supporting documents submitted by the complainant, Prosecutor Tristan did not notify Art nor
require him to submit a counter-affidavit. He proceeded to file the Information against Art with the
Metropolitan Trial Court. Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and
violative of due process and his rights as an accused under the Constitution for he was not informed
of the complaint nor was he given the opportunity to raise his defenses thereto before the Information
was filed. Rule on the constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)
-XVII-
[a] Define the archipelagic doctrine of national territory, state its rationale; and explain how it
is implemented through the straight baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal
as "Regimes of Islands." Professor Agaton contends that since the law did not enclose said
islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention
correct? Explain. (2.5%)
-XVIII-
Sec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for more than
three (3) consecutive terms. Rule and explain briefly the reason if the official is prohibited to run for
another term in each of the following situations: (a) ifthe official is a Vice-Mayor who assumed the
position of Mayor for the unexpired term under the Local Government Code; (b) if the official has
served for three consecutive terms and did not seek a 4th term but who won in a recall election; (c) if
the position of Mayor of a town is abolished due to conversion of the town to a city; (d) if the official
is preventively suspended during his term but was exonerated; and (e) if the official is proclaimed as
winner and assumes office but loses in an election protest. (5%)
-XIX-
Fernando filed an administrative complaint against his co-teacher, Amelia, claiming that the latter is
living with a married man who is not her husband. Fernando charged Amelia with committing
"disgraceful and immoral conduct" in violation of the Revised Administrative Code and, thus, should
not be allowed to remain employed in the government. Amelia, on the other hand, claims that she
and her partner are members of a religious sect that allows members of the congregation who have
been abandoned by their respective spouses to enter marital relations under a "Declaration of
Pledging Faithfulness." Having made such Declaration, she argues that she cannot be charged with
committing immoral conduct for she is entitled to free exercise of religion under the Constitution.
[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)
[b] Briefly explain the concept of "benevolent neutrality." (2.5%)
-XX-
Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to "promulgate
rules concerning the protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts xxx." Section 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs
Act of 2002 provides that "any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-bargaining." Patricio, a user
who was charged with alleged sale of shabu but who wants to enter a plea of guilt to a charge of
possession, questions the constitutionality of Sec. 23 on the ground that Congress encroached on
the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that plea-bargaining
is procedural in nature and is within the exclusive constitutional power of the Court. Is Patricio correct?
Explain your answer. (5%)
-END-
BAR EXAMINATION 2008
POLITICAL LAW
August 3, 2018 8 A.M. - 12 Noon

INSTRUCTIONS
This questionaire consists of seventeen (17) numbers contained in eight (8) pages. Read each
question very carefully. Answer legibly, clearly and concisely.Start each number on a separate page;
an answer to a subquestion under the same number may be written continuously on the same page
and on the immediately succeeding pages until completed. Do not repeat the question.
You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning.
A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
Signed DANTE O. TINGA

Chairperson
2008 Bar Examinations Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE
POLITICAL LAW
-I-
a. The legal yardstick in determining whether usage has become customary international law is
expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the
maxim mean? (3%)
b. Under international law, differentiate "hard law" from "soft law".(3%)
- II -
May a treaty violate international law? If your answer is in the affirmative, explain when such may
happen. If your answer is in the negative, explain why. (5%)
- III -
The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other
country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine
Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court,
how should it be resolved? (6%)
- IV -
Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire
private property for the redevelopment of slum areas, as well as to lease or resell the property to
private developers to carry out the redevelopment plan. Pursuant to the law, the NHA acquired all
properties within a targeted badly blighted area in San Nicolas, Manila except a well-maintained drug
and convenience store that poses no blight or health problem itself. Thereafter, NHA sold all the
properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA
initiated expropriation proceedings against the store owner who protested that his property could not
be taken because it is not residential or slum housing. He also contended that his property is being
condemned for a private purpose, not a public one, noting the NHA`s sale of the entire area except
his property to a private party. If you were the judge, how would you decide the case? (6%)
-V-
Having received tips the accused was selling narcotics, two police officers forced open the door of
his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on
a night stand beside the bed. When asked, " Are these yours?", the accused seized the capsules and
put them in his mouth. A struggle ensued, in the course of which the officer pounced on the accused,
took him to a hospital where at their direction, a doctor forced an emetic solution though a tube into
the accused's stomach against his will. This process induced vomiting. In the vomited matter were
found two capsules which proved to contain heroin. In the criminal case, the chief evidence against
the accused was the two capsules.
a. As counsel for the accused, what constitutional rights will you invoke in his defense? (4%)
b. How should the court decide the case? (3%)
- VI -
The Philippine National Police (PNP) issued a circular to all its members directed at the style and
length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines.
It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police
officers questioned the validity of the circular, claiming that it violated their right to liberty under the
Constitution. Resolve the controversy. (6%)
- VII -
JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional Trial
Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's)
15-year old daughter.
a. Is JC entitled to bail? Why or why not? (3%)

b. Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present
evidence to prove mitigating circumstances. JC then testified to the effect that he stabbled
the deceased in self-defense beacause the latter was strangling him and that he voluntarily
surrendered to the authorities. Subsequently, the trial court rendered a decision acquittal
violate JC's right against double jeopardy? Why or why noy? (3%)
- VIII -
ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the
Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension form
office for 6 months. Subsequently, ST filed a petition for executive clemency with the Office of the
President. The Executive Secretary, acting on said petition issued a resolution granting ST executive
clemency. Is the grant of executive clemency valid? Why or why not? (6%)
- IX -
Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After
being proclaimed Vice-Governor in the 2004 elections, his opponent, Khalil, filed an election protest
before the Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil
as the duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul
had fully served his 2004-2007 term and was in fact already on his 2007-2010 term as Vice Governor.
a. Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming
May 2010 election on the premise that he could not be considered as having served as Vice-
Governor from 2004-2007 because he was not duly elected to the post, as he assumed office
merely as a presumptive winner and that presumption was later overturned when COMELEC
decided with finality that had lost in the May 2004 elections. What will be your advice? (3%)
b. Abdul also consults you whether his political party can validly nominate his wife as subtitute
candidate for Vice-Mayor of Tawi-Tawi in May 2010 elections in case the COMELEC
disqualifies him and denies due course to or cancels his certificate of candidacy in view of a
false material representation therein.What will be your advice? (3%)
-X-
The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities
including Polomolok. During the canvassing proceedings before the District Board of Canvassers in
connection with the 2007 congressional election, candidate MP objected to the certificate pf canvass
for Polomolok on the ground that it was obviously manufactured, submitting as evidence the affidavit
of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise
objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns
from non-existent precincts were included in the certificate. MP moved that the certificate of canvass
for General Santos be corrected to exclude the the result from the non-existent precincts. The District
Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP
appeal the rulings to the COMELEC? Explain. (6%)
- XI -
On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation
of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was
elevated to the position of Vice-Governor. By the elevation of Benito to the office of Vice-Governor, a
vacancy in the Sangguniang Panlalawigan was created.
How should the vacancy be filed? (3%)
- XII -
The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3)
employees pf the city considered for the said position. Prior to said promotion, Amelia had been an
Assistant City Treasurer for ten (10) years, that is, even before she married the City Mayor. Should
the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%)
- XIII -
Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or
offense punishable with reclusion perpetua or life imprisonment. The law provides for the qualification
of prospective jury member, the guidelines to be observed by the judge and the lawyers in jury
selection including the grounds for challenging the selection of jury member, and t\he methodology
for jury deliberations. Is the law constitutional? Explain fully. (7%)
- XIV -
In 1963, congress passed a law creating a government-owned corporation named Manila War
Memorial Commission (MWMC), with the primary function of overseeing the construction of a
massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila
The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to
raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter
set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC
until after the completion of the memorial.
Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had long
been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that the funds
raised by it be remitted to the National Treasury. The MWMC challenged the validity of the law,
arguing that under its charter its mandate is to complete the memorial no matter how long it takes.
Decide with reason. (6%)
- XV -
The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all
the school's pupils, informing them that the school was willing to provide religious instruction to its
Catholic students during class hours, through a Catholic priest. However, students who wished to
avail of such religious instruction needed to secure the consent of their parents and guardians in
writing.
a. Does the offer violate the constitutional prohibition againts the establishment of religion? (3%)
b. the parents of evangelical Christian students, upon learning of the offer, demanded that they
too be entitled to have their children instructed in their own religious faith during class hours.
The principal, a devout Catholic, rejected the request. As counsel for the parents of the
evangelical students, how would you argue in support of their position? (3%)
- XVI -
Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in many
universities throughout the country. The Metro Manila State University, a public university, adopted a
university-wide circular prohibiting public mass demonstrations and rallies within the campus.
Offended by the circular,militant students spread word that on the following Friday, all students were
to wear black T-shirt as a symbols of their protest both against high gas prices and the university ban
on demonstrations. The effort was only moderately successful, with around 30% of the students
heeding the call. Nonetheless, university officials were outraged and compelled the students leaders
to explain why they should not be expelled for violating the circular against demonstrations.
The student leaders approached you for legal advice. They contended that they should not be
expelled since they did not violate the circular, their protest action being neither a demonstrator nor
a rally since all they did was wear black T-shirts. What would you advise the students? (6%)
- XVII -
As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law
requiring graduates of public science high school henceforth to take up agriculture or mining
engineering as their college course. Several students protested, invoking their freedom to choose
their profession. Is the law constitutional? (6%)
NOTHING FOLLOWS.
TAXATION LAW
August 12, 2018 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire consists of fourteen (14) numbers contained in eight (8) pages. Read each
question very carefully. Answer 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 immediately succeeding pages until completed. Do not repeat the question. A mere "Yes"
or "No" answer without any corresponding discussion will not be given any credit.
GOOD LUCK!!!
Signed ANGELINA S. GUTIERREZ

Chairperson
20006 Bar Examination Committee

TAXATION LAW
-I-
1. Enumerate the 3 stages or aspects of taxation. Explain each. 5%

2. Distinguish "direct taxes" from "Indirect taxes". Give examples. 5%
- II -
What is tax pyramiding? What is its basis in law? 5%
- III -
What properties are exempt from the real property tax? 5%
- IV -
Royal Mining is a VAT -registered domestic mining entity. One of its products is silver being sold to
the Bangko Sentral ng Pilipinas. It filed a claim with the BIR for tax refund on the ground that under
Section 106 of the Tax Code, sales of precious metals to the Bangko Sentral are considered export
sales subject to zero-rated VAT.
Is Royal Mining's claim meritorious? Explain. 5%

-V-
Vanishing deduction is availed of by taxpayers to:
a. correct his accounting records to reflect the actual deductions mad

b. reduce his gross income
c. reduce his output value-added tax liability
d. reduce his gross estate
Choose the correct answer. Explain. 5%
1. The Constitution provides "charitable institutions, churches, parsonages or convents

appurtenant thereto, mosques, and non- profit cemeteries and all lands, buildings, and
improvements actually, directly and exclusively used for religious, charitable or educational
purposes shall be exempt from taxation." This provision exempts charitable institutions and
religious institutions from what kind of taxes? Choose the best answer. Explain. 5%
a. from all kinds of taxes, i.e., income, VAT, customs duties, local taxes and real property
tax
b. from income tax only
c. from value-added tax only
d. from real property tax only
e. from capital gains tax only
- VI -
Congress enacts a law granting grade school and high school students a 10% discount on all school-
prescribed textbooks purchased from any bookstore. The law allows bookstores to claim in full the
discount as a tax credit.
1. If in a taxable year a bookstore has no tax due on which to apply the tax credits, can the
bookstore claim from the BIR a tax refund in lieu of tax credit? Explain. 2.5%
2. Can the BIR require the bookstores to deduct the amount of the discount from their gross
income? Explain. 2.5%
3. If a bookstore closes its business due to losses without being able to recoup the discount,
can it claim reimbursement of the discount from the government on the ground that without
such reimbursement, the law constitutes taking of private property for public use without just
compensation? Explain. 5%
- VII -
Congress enacts a law imposing a 5% tax on the gross receipts of common carriers. The law does
not define the term "gross receipts". Express Transport, Inc., a bus company plying the Manila-
Baguio route, has time deposits with ABC Bank. In 2005, Express Transport earned P1 Million
interest, after deducting the 20% final withholding tax from its time deposits with the bank. The BIR
wants to collect a 5% gross receipts tax on the interest income of Express Transport without deducting
the 20% final withholding tax. Is the BIR correct? Explain. 5%
- VIII -
On June 1, 2003, Global Bank received a final notice of assessment from the BIR for deficiency
documentary stamp tax in the amount of P5 Million. On June 30, 2003, Global Bank filed a request
for reconsideration with the Commissioner of Internal Revenue. The Commissioner denied the
request for reconsideration only on May 30, 2006, at the same time serving on Global Bank a warrant
of distraint to collect the deficiency tax. If you were its counsel, what will be your advice to the bank?
Explain. 5%
- IX -
The Commissioner of Internal Revenue issued an assessment for deficiency income tax for taxable
year 2000 last July 31, 2006 in the amount of P10 Million inclusive of surcharge and interests. If the
delinquent taxpayer is your client, what steps will you take? What is your defense? 10%
-X-
The Collector of Customs issued an assessment for unpaid customs duties and taxes on the
importation of your client in the amount of P980,000.00. Where will you file your case to protect your
client's right? Choose the correct courts/agencies, observing their proper hierarchy. 5%
1. Court of Tax Appeals

2. Collector of Customs
3. Commissioner of Customs
4. Regional Trial Court
5. Metropolitan Trial Court
6. Court of Appeals
7. Supreme Court
- XI -
Charlie, a widower, has two sons by his previous marriage. Charlie lives with Jane who is legally
married to Mario. They have a child named Jill. The children are all minors and not gainfully employed.
1. How much personal exemption can Charlie claim? Explain. 2.5%

2. How much additional exemption can Charlie claim? Explain. 2.5%
- XII -
Mr. Abraham Eugenio, a pawnshop operator, after having been required by the Revenue District
Officer to pay value added tax pursuant to a Revenue Memorandum Order (RMO) of the
Commission.er of Internal Revenue, filed with the Regional Trial Court an action questioning the
validity of the RMO.
If you were the judge, will you dismiss the case? 5%
- XIII -
Gerry was being prosecuted by the BIR for failure to pay his income tax liability for Calendar Year
1999 despite several demands by the BIR in 2002. The Information was filed with the RTC only last
June 2006. Gerry filed a motion to quash the Information on the ground of prescription, the Information
having beer. filed beyond the 5-year reglementary period.
If you were the judge, will you dismiss the Information? Why? 5%
- XIV -
Gold and Silver Corporation gave extra 14th month bonus to all its officials and employees in the total
amount of P75 Million. When it filed its corporate income tax return the following year, the corporation
declared a net operating loss. When the income tax return of the corporation was reviewed by the
BIR the following year, it disallowed as item of deduction the P75 Million bonus the corporation gave
its officials and employees on the ground of unreasonableness. The corporation claimed that the
bonus is an ordinary and necessary expense that should be allowed.
If you were the BIR Commissioner, how will you resolve the issue? 5%
- XV -
Lily's Fashion, Inc. is a garment manufacturer located and registered as a Subic Bay Freeport
Enterprise under Republic Act No. 7227 and a non-VAT taxpayer. As such, it is exempt from payment
of all local and national internal revenue taxes. During its operations, it purchased various supplies
and materials necessary in the conduct of its manufacturing business. The suppliers of these goods
shifted to Lily's Fashion, Inc. the 10% VAT on the purchased items amounting to PS00,000.00. Lily's
Fashion, Inc. filed with the BIR a claim for refund for 'the input tax shifted to it by the suppliers.
If you were the Commissioner of Internal Revenue, will you allow the refund? 5%
- XVI -
Quezon City published on January 30, 2006 a list of delinquent real property taxpayers in 2
newspapers of general circulation and posted this in the main lobby of the City Hall. The notice
requires all owners of real properties in the list to pay the real property tax due within 30 days from
the date of publication, otherwise the properties listed shall be sold at public auction.
Joachin is one of those named in the list. He purchased a real property in 1996 but failed to register
the document of sale with the Register of Deeds and secure a new real property tax declaration in
his name. He alleged that the auction sale of his property is void for lack of due process considering
that the City Treasurer did not send him personal notice. For his part, the City Treasurer maintains
that the publication and posting of notice are sufficient compliance with the requirements of the law.
1. If you were the judge, how will you resolve this issue? 2.5%
2. Assuming Joachin is a registered owner, will your answer be the same? 2.5%
NOTHING FOLLOWS.
TAXATION LAW
August 12, 2018 2:00 P.M.- 6:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains THIRTEEN (13) 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 TWENTY-NINE (29) Essay and Multiple Choice Questions (MCQs) to be answered
within four (4) hours.
The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.
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, and to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
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. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, D, or E

corresponding to your chosen answer. There is only one correct answer to every MCQ; choose the
BEST answer from among the offered choices. Note that some MCQs may need careful analysis
both of the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your
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 HAND IT TOGETHER WITH YOUR
NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
I.
On March 27, 2012, the Bureau of Internal Revenue (BIR) issued a notice of assessment against
Blue Water Industries Inc. (BWI), a domestic corporation, informing the latter of its alleged deficiency
corporate income tax for the year 2009. On April 20, 2012, BWI filed a letter protest before the BIR
contesting said assessment and demanding that the same be cancelled or set aside.
However, on May 19, 2013, that is, after more than a year from the filing of the letter protest, the BIR
informed BWI that the latter’s letter protest was denied on the ground that the assessment had already
become final, executory and demandable. The BIR reasoned that its failure to decide the case within
180 days from filing of the letter protest should have prompted BWI to seek recourse before the Court
of Tax Appeals (CTA) by filing a petition for review within thirty (30) days after the expiration of the
180-day period as mandated by the provisions of the last paragraph of Section 228 of the National
Internal Revenue Code (NIRC). Accordingly, BWI’s failure to file a petition for review before the CTA
rendered the assessment final, executory and demandable. Is the contention of the BIR correct?
Explain. (5%)
II.
Mr. De Sarapen is a candidate in the upcoming Senatorial elections. Mr. De Almacen, believing in
the sincerity and ability of Mr. De Sarapen to introduce much needed reforms in the country,
contributed P500,000.00 in cash to the campaign chest of Mr. De Sarapen. In addition, Mr. De
Almacen purchased tarpaulins, t-shirts, umbrellas, caps and other campaign materials that he also
donated to Mr. De Sarapen for use in his campaign. Is the contribution of cash and campaign
materials subject to donor’s tax? (4%)
III.
Dr. Taimtim is an alumnus of the College of Medicine of Universal University (UU), a privately-owned
center for learning which grants yearly dividends to its stockholders.
UU has a famous chapel located within the campus where the old folks used to say that anyone who
wanted to pass the medical board examinations should offer a dozen roses on all the Sundays of
October. This was what Dr. Taimtim did when he was still reviewing for the board examinations. In
his case, the folk saying proved to be true because he is now a successful cardiologist. Wanting to
give back to the chapel and help defray the costs of its maintenance, Dr. Taimtim donated P50,000.00
to the caretakers of the chapel which was evidenced by an acknowledgment receipt.
In computing his net taxable income, can Dr.Taimtim use his donation to the chapel as an allowable
deduction from his gross income under the National Internal Revenue Code (NIRC)? (4%)
IV.
Gangwam Corporation (GC) filed its quarterly tax returns for the calendar year 2012 as follows:
First quarter - April 25, 2012
Second quarter - July 23, 2012
Third quarter - October 25, 2012
Fourth quarter - January 27, 2013
On December 22, 2013, GC filed with the Bureau of Internal Revenue (BIR) an administrative claim
for refund of its unutilized input Value-Added Tax (VAT) for the calendar year 2012. After several
months of inaction by the BIR on its claim for refund, GC decided to elevate its claim directly to the
Court of Tax Appeals (CTA) on April 22, 2014.
In due time, the CTA denied the tax refund relative to the input VAT of GC for the first quarter of 2012,
reasoning that the claim was filed beyond the two-year period prescribed under Section 112(A) of the
National Internal Revenue Code (NIRC).
(A) Is the CTA correct? (3%)
(B) Assuming that GC filed its claim before the CTA on February 22, 2014, would your answer
be the same? (3%)
V.
The City of Liwliwa assessed local business taxes against Talin Company. Claiming that there is
double taxation, Talin Company filed a Complaint for Refund or Recovery of Illegally and/or
Erroneously-collected Local Business Tax; Prohibition with Prayer to Issue Temporary Restraining
Order and Writ of Preliminary Injunction with the Regional Trial Court (RTC). The RTC denied the
application for a Writ of Preliminary Injunction. Since its motion for reconsideration was denied, Talin
Company filed a special civil action for certiorari with the Court of Appeals (CA). The government
lawyer representing the City of Liwliwa prayed for the dismissal of the petition on the ground that the
same should have been filed with the Court of Tax Appeals (CTA). Talin Company, through its lawyer,
Atty. Frank, countered that the CTA cannot entertain a petition for certiorari since it is not one of its
powers and authorities under existing laws and rules.
Decide. (5%)
VI.
Choose the correct answer. Smuggling - (1%)
(A) does not extend to the entry of imported or exported articles by means of any false or
fraudulent invoice, statement or practices; the entry of goods at less than the true weight or
measure; or the filing of any false or fraudulent entry for the payment of drawback or refund
of duties.
(B) is limited to the import of contraband or highly dutiable cargo beyond the reach of customs
authorities.
(C) is committed by any person who shall fraudulently import or bring into the Philippines, or
assist in so doing, any article, contrary to law, or shall receive, conceal, buy, sell or any
manner facilitate the transportation, concealment or sale of such article after importation,
knowing the same to have been imported contrary to law.
VII.
In accordance with the Local Government Code (LGC), the Sangguniang Panglungsod (SP) of
Baguio City enacted Tax Ordinance No. 19, Series of 2014, imposing a P50.00 tax on all the tourists
and travellers going to Baguio City. In imposing the local tax, the SP reasoned that the tax collected
will be used to maintain the cleanliness of Baguio City and for the beautification of its tourist
attractions. (D) is punishable by administrative penalty only.
Claiming the tax to be unjust, Baguio Travellers Association (BTA), an association of travel agencies
in Baguio City, filed a petition for declaratory relief before the Regional Trial Court (RTC) because
BTA was apprehensive that tourists might cancel their bookings with BTA’s member agencies. BTA
also prayed for the issuance of a Temporary Restraining Order (TRO) to enjoin Baguio City from
enforcing the local tax on their customers and on all tourists going to Baguio City.
The RTC issued a TRO enjoining Baguio City from imposing the local tax. Aggrieved, Baguio City
filed a petition for certiorari before the Supreme Court (SC) seeking to set aside the TRO issued by
the RTC on the ground that collection of taxes cannot be enjoined. Will the petition prosper? (5%)
VIII.
Masarap Kumain, Inc. (MKI) is a Value-Added Tax (VAT)-registered company which has been
engaged in the catering business for the past 10 years. It has invested a substantial portion of its
capital on flat wares, table linens, plates, chairs, catering equipment, and delivery vans. MKI sold its
first delivery van, already 10 years old and idle, to Magpapala Gravel and Sand Corp. (MGSC), a
corporation engaged in the business of buying and selling gravel and sand. The selling price of the
delivery van was way below its acquisition cost. Is the sale of the delivery van by MKI to MGSC
subject to VAT? (4%)
IX.
Mr. Gipit borrowed from Mr. Maunawain P100,000.00, payable in five (5) equal monthly installments.
Before the first installment became due, Mr. Gipit rendered general cleaning services in the entire
office building of Mr. Maunawain, and as compensation therefor, Mr. Maunawain cancelled the
indebtedness of Mr. Gipit up to the amount of P75,000.00. Mr. Gipit claims that the cancellation of
his indebtedness cannot be considered as gain on his part which must be subject to income tax,
because according to him, he did not actually receive payment from Mr. Maunawain for the general
cleaning services. Is Mr. Gipit correct? Explain. (4%)
X.
Which of the following is an exclusion from gross income? (1%)
(A) Salaries and wages
(B) Cash dividends
(C) Liquidating dividends after dissolution of a corporation
(D) De minimis benefits
(E) Embezzled money
XI.
Triple Star, a domestic corporation, entered into a Management Service Contract with Single Star, a
non-resident foreign corporation with no property in the Philippines. Under the contract, Single Star
shall provide managerial services for Triple Star’s Hongkong branch. All said services shall be
performed in Hongkong.
Is the compensation for the services of Single Star taxable as income from sources within the
Philippines? Explain. (4%)
XII.
Which of the following should not be claimed as deductions from gross income? (1%)
(A) discounts given to senior citizens on certain goods and services.
(B) advertising expense to maintain some form of goodwill for the taxpayer’s business.
(C) salaries and bonuses paid to employees.
(D) interest payment on loans for the purchase of machinery and equipment used in business.
XIII.
Hopeful Corporation obtained a loan from Generous Bank and executed a mortgage on its real
property to secure the loan. When Hopeful Corporation failed to pay the loan, Generous Bank
extrajudicially foreclosed the mortgage on the property and acquired the same as the highest bidder.
A month after the foreclosure, Hopeful Corporation exercised its right of redemption and was able to
redeem the property. Is Generous Bank liable to pay capital gains tax as a result of the foreclosure
sale? Explain. (4%)
XIV.
Mr. X, a Filipino residing in Alabama, U.S.A., died on January 2, 2013 after undergoing a major heart
surgery. He left behind to his wife and two (2) kids several properties, to wit: (4%)
(1) Family home in Makati City;
(2) Condominium unit in Las Piñas City;
(3) Proceeds of health insurance from Take Care, a health maintenance organization in the
Philippines; and
(4) Land in Alabama, U.S.A.
The following expenses were paid:
(1) Funeral expenses;
(2) Medical expenses; and
(3) Judicial expenses in the testate proceedings.
(A) What are the items that must be considered as part of the gross estate income of Mr. X?
(B) What are the items that may be considered as deductions from the gross estate?
XV.
When is a pre-assessment notice required under the following cases? (1%)
(A) When the finding for any deficiency tax is the result of mathematical error in the
computation of the tax as appearing on the face of the return.
(B) When a discrepancy has been determined between the tax withheld and the amount
actually remitted by the withholding agent.
(C) When the excise tax due on excisable articles has been paid.
(D) When an article locally purchased or imported by an exempt person, such as, but not
limited to vehicles, capital equipment, machineries and spare parts, has been sold, traded or
transferred to non-exempt persons.
XVI.
Mr. Tiaga has been a law-abiding citizen diligently paying his income taxes. On May 5, 2014, he was
surprised to receive an assessment notice from the Bureau of Internal Revenue (BIR) informing him
of a deficiency tax assessment as a result of a mathematical error in the computation of his income
tax, as appearing on the face of his income tax return for the year 2011, which he filed on April 15,
2012. Mr. Tiaga believes that there was no such error in the computation of his income tax for the
year 2011. Based on the assessment received by Mr. Tiaga, may he already file a protest thereon?
(4%)
XVII.
In a civil case for Annulment of Contract of Sale, plaintiff Ma. Reklamo presented in evidence the
Contract of Sale which she sought to be annulled. No documentary stamp tax on the Contract of Sale
was paid because according to plaintiff Ma. Reklamo, there was no need to pay the same since the
sale was not registered with the Register of Deeds. Plaintiff Ma. Reklamo is now offering the Contract
of Sale as her evidence. Is the Contract of Sale admissible? (4%)
XVIII.
Madam X owns real property in Caloocan City. On July 1, 2014, she received a notice of assessment
from the City Assessor, informing her of a deficiency tax on her property. She wants to contest the
assessment. (4%)
(A) What are the administrative remedies available to Madam X in order to contest the
assessment and their respective prescriptive periods?
(B) May Madam X refuse to pay the deficiency tax assessment during the pendency of her
appeal?
XIX.
The Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 65-2012
imposing Value-Added Tax (VAT) on association dues and membership fees collected by
condominium corporations from its member condominium-unit owners. The RMC’s validity is
challenged before the Supreme Court (SC) by the condominium corporations.
The Solicitor General, counsel for BIR, claims that association dues, membership fees, and other
assessment/charges collected by a condominium corporation are subject to VAT since they constitute
income payments or compensation for the beneficial services it provides to its members and tenants.
On the other hand, the lawyer of the condominium corporations argues that such dues and fees are
merely held in trust by the condominium corporations exclusively for their members and used solely
for administrative expenses in implementing the condominium corporations’ purposes. Accordingly,
the condominium corporations do not actually render services for a fee subject to VAT.
Whose argument is correct? Decide. (5%)
XX.
During his lifetime, Mr. Sakitin obtained a loan amounting to P10 million from Bangko Uno for the
purchase of a parcel of land located in Makati City, using such property as collateral for the loan. The
loan was evidenced by a duly notarized promissory note. Subsequently, Mr. Sakitin died. At the time
of his death, the unpaid balance of the loan amounted to P2 million. The heirs of Mr. Sakitin deducted
the amount of P2 million from the gross estate, as part of the "Claims against the Estate." Such
deduction was disallowed by the Bureau of Internal Revenue (BIR) Examiner, claiming that the
mortgaged property was not included in the computation of the gross estate. Do you agree with the
BIR? Explain. (4%)
XXI.
On August 31, 2014, Haelton Corporation (HC), thru its authorized representative Ms. Pares, sold a
16-storey commercial building known as Haeltown Building to Mr. Belly for P100 million. Mr. Belly, in
turn, sold the same property on the same day to Bell Gates, Inc. (BGI) for P200 million. These two
(2) transactions were evidenced by two (2) separate Deeds of Absolute Sale notarized on the same
day by the same notary public.
Investigations by the Bureau of Internal Revenue (BIR) showed that:
(1) the Deed of Absolute Sale between Mr. Belly and BGI was notarized ahead of the sale between
HC and Mr. Belly; (2) as early as May 17, 2014, HC received P40 million from BGI, and not from Mr.
Belly; (3) the said payment of P40 million was recorded by BGI in its books as of June 30, 2014 as
investment in Haeltown Building; and (4) the substantial portion of P40 million was withdrawn by Ms.
Pares through the declaration of cash dividends to all its stockholders.
Based on the foregoing, the BIR sent Haeltown Corporation a Notice of Assessment for deficiency
income tax arising from an alleged simulated sale of the aforesaid commercial building to escape the
higher corporate income tax rate of thirty percent (30%). What is the liability of Haeltown Corporation,
if any? (4%)
XXII.
Choose the correct answer. Double Taxation - (1%)
(A) is one of direct duplicate taxations wherein two (2) taxes must be imposed on the same
subject matter, by the same taxing authority, within the same jurisdiction, during the same
period, with the same kind or character of tax, even if the purposes of imposing the same are
different.
(B) is forbidden by law; and therefore, it is a valid defense against the validity of a tax
measure.
(C) means taxing the same property twice when it should be taxed only once; it is tantamount
to taxing the same person twice by the same jurisdiction for the same thing.
(D) exists when a corporation is assessed with local business tax as a manufacturer, and at
the same time, value-added tax as a person selling goods in the course of trade or business.
XXIII.
Choose the correct answer. Tax Avoidance ‒ (1%)
(A) is a scheme used outside of those lawful means and, when availed of, it usually subjects
the taxpayer to further or additional civil or criminal liabilities.
(B) is a tax saving device within the means sanctioned by law.
(C) is employed by a corporation, the organization of which is prompted more on the mitigation
of tax liabilities than for legitimate business purpose.
(D) is any form of tax deduction scheme, regardless if the same is legal or not.
XXIV.
A, B, and C, all lawyers, formed a partnership called ABC Law Firm so that they can practice their
profession as lawyers. For the year 2012, ABC Law Firm received earnings and paid expenses,
among which are as follows: (6%)
Earnings:
(1) Professional/legal fees from various clients
(2) Cash prize received from a religious society in recognition of the exemplary service of
ABC Law Firm
(3) Gains derived from sale of excess computers and laptops
Payments:
(1) Salaries of office staff
(2) Rentals for office space
(3) Representation expenses incurred in meetings with clients
(A) What are the items in the above mentioned earnings which should be included in the
computation of ABC Law Firm’s gross income? Explain.
(B) What are the items in the above-mentioned payments which may be considered as
deductions from the gross income of ABC Law Firm? Explain.
(C) If ABC Law Firm earns net income in 2012, what, if any, is the tax consequence on the
part of ABC Law Firm insofar as the payment of income tax is concerned? What, if any, is the
tax consequence on the part of A, B, and C as individual partners, insofar as the payment of
income tax is concerned?
XXV.
Which of the following transactions is subject to Value-Added Tax (VAT)? (1%)
(A) Sale of shares of stock-listed and traded through the local stock exchange
(B) Importation of personal and household effects belonging to residents of the Philippines
returning from abroad subject to custom duties under the Tariff and Customs Code
(C) Services rendered by individuals pursuant to an employeremployee relationship
(D) Gross receipts from lending activities by credit or multi-purpose cooperatives duly
registered with the Cooperative Development Authority
XXVI.
Freezy Corporation, a domestic corporation engaged in the manufacture and sale of ice cream, made
payments to an officer of Frosty Corporation, a competitor in the ice cream business, in exchange for
said officer’s revelation of Frosty Corporation’s trade secrets.
May Freezy Corporation claim the payment to the officer as deduction from its gross income? Explain.
(4%)
XXVII.
In January 2013, your friend got his first job as an o ffice clerk. He is single and lives with his family
who depends upon him for financial support. His parents have long retired from their work, and his
two (2) siblings are still minors and studying in grade school. In February 2014, he consulted you as
he wanted to comply with all the rules pertaining to the preparation and filing of his income tax return.
He now asks you the following:
(A) Is he entitled to personal exemptions? If so, how much? (1%)
(B) Is he entitled to additional exemptions? If so, how much? (1%)
(C) What is the effect of the taxes withheld from his salaries on his taxable income? (2%)
XXVIII.
Choose the correct answer. Tax laws - (1%)
(A) may be enacted for the promotion of private enterprise or business for as long as it gives
incidental advantage to the public or the State
(B) are inherently legislative; therefore, may not be delegated
(C) are territorial in nature; hence, they do not recognize the generally-accepted tenets of
international law
(D) adhere to uniformity and equality when all taxable articles or kinds of property of the same
class are taxable at the same rate
XXIX.
Doña Evelina, a rich widow engaged in the business of currency exchange, was assessed a
considerable amount of local business taxes by the City Government of Bagnet by virtue of Tax
Ordinance No. 24. Despite her objections thereto, Doña Evelina paid the taxes. Nevertheless,
unsatisfied with said Tax Ordinance, Doña Evelina, through her counsel Atty. ELP, filed a written
claim for recovery of said local business taxes and contested the assessment. Her claim was denied,
and so Atty. ELP elevated her case to the Regional Trial Court (RTC).
The RTC declared Tax Ordinance No. 24 null and void and without legal effect for having been
enacted in violation of the public ation requirement of tax ordinances and revenue measures under
the Local Government Code (LGC) and on the ground of double taxation. On appeal, the Court of
Tax Appeals (CTA) affirmed the decision of the RTC. No motion for reconsideration was filed and the
decision became final and executory. (4%)
(A) If you are Atty. ELP, what advice will you give Doña Evelina so that she can recover the
subject local business taxes?
(B) If Doña Evelina eventually recovers the local business taxes, must the same be
considered as income taxable by the national government?
---ooo0ooo---
TAXATION LAW
August 19, 2018 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to X), contained
in six (6) pages; and Part II with ten (10) questions (numbered XI-XX), contained in five (5) pages, for
a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the questions. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!
_____________________________________
ANTONIO EDUARDO B. NACHURA
CHAIRPERSON
2009 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12) PAGES (INCLUDING THIS PAGE)
TAXATION
PART I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain
your answer in not more than two (2) sentences. (5%)
a. A law that allows taxes to be paid either in cash or in kind is valid.

b. When the financial position of the taxpayer demonstrates a clear inability to pay the tax, the
Commissioner of Internal Revenue may validly compromise the tax liability.
c. The doctrine of equitable recoupment allows a taxpayer whose claim for refund has
prescribed to offset tax liabilities with his claim of overpayment.
d. A law imposing a tax on income of religious institutions derived from the sale of religious
articles is valid.
e. A false return and a fraudulent return are one and the same.
II
Enumerate the four (4) inherent limitations on taxation. Explain each item briefly. (4%)
III
Melissa inherited from her father a 300-square-meter lot. At the time of her father's death on March
14, 1995, the property was valued at P720,000.00. On February 28, 1996, to defray the cost of the
medical expenses of her sick son, she sold the lot for P600,000.00, on cash basis. The prevailing
market value of the property at the time of the sale was P3,000.00 per square meter.
a. Is Melissa liable to pay capital gains tax on the transaction? If so, how much and why? If not,
why not? (4%)
b. Is Melissa liable to pay Value Added Tax (VAT) on the sale of the property? If so, how much
and why? If not, why not? (4%)
IV
International Technologies, Inc. (ITI) filed a claim for refund for unutilized input VAT with the Court of
Tax Appeals (CTA). In the course of the trial, ITI engaged the services of an independent Certified
Public Accountant (CPA) who examined the voluminous invoices and receipts of ITI. ITI offered in
evidence only the summary prepared by the CPA, without the invoices and the receipts, and then
submitted the case for decision.
Can the CTA grant ITI's claim for refund based only on the CPA's summary? Explain. (4%)
Jessie brought into the Philippines a foreign-made luxury car, and paid less than the actual taxes and
duties due. Due to the discrepancy, the Bureau of Customs instituted seizure proceedings and issued
a warrant of seizure and detention. The car, then parked inside a pay parking garage, was seized
and brought by government agents to a government impounding facility. The Collector of Customs
denied Jessie's request for the withdrawal of the warrant.
Aggrieved, Jessie filed against the Collector a criminal complaint for usurpation of judicial functions
on the ground that only a judge may issue a warrant of search and seizure.
a. Resolve with reasons Jessie's criminal complaint. (4%)

b. Would your answer be the same if the luxury car was seized while parked inside the garage
of Jessie's residence? Why or why not? (4%)
VI
The Sangguniang Bayan of the Municipality of Sampaloc, Quezon, passed an ordinance imposing a
storage fee of ten centavos (P0.10) for every 100 kilos of copra deposited in any bodega within the
Municipality's jurisdiction. The Metropolitan Manufacturing Corporation (MMC), with principal office in
Makati, is engaged in the manufacture of soap, edible oil, margarine, and other coconut oil-based
products. It has a warehouse in Sampaloc, Quezon, used as storage space for the copra purchased
in Sampaloc and nearby towns before the same is shipped to Makati. MMC goes to court to challenge
the validity of the ordinance, demanding the refund of the storage fees it paid under protest.
Is the ordinance valid? Explain your answer. (4%)
VII
Kenya International Airlines (KIA) is a foreign corporation, organized under the laws of Kenya. It is
not licensed to do business in the Philippines. Its commercial airplanes do not operate within
Philippine territory, or service passengers embarking from Philippine airports. The firm is represented
in the Philippines by its general agent, Philippine Airlines (PAL), a Philippine corporation.
KIA sells airplane tickets through PAL, and these tickets are serviced by KIA airplanes outside the
Philippines. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to
P2,968,156.00. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at the
rate of 35% on its taxable income, finding that KIA's airline ticket sales constituted income derived
from sources within the Philippines.
KIA filed a protest on the ground that the P2,968,156.00 should be considered as income derived
exclusively from sources outside the Philippines since KIA only serviced passengers outside
Philippine territory.
Is the position of KIA tenable? Reasons. (4%)
VIII
Kenya International Airlines (KIA) is a foreign corporation, organized under the laws of Kenya. It is
not licensed to do business in the Philippines. Its commercial airplanes do not operate within
Philippine territory, or service passengers embarking from Philippine airports. The firm is represented
in the Philippines by its general agent, Philippine Airlines (PAL), a Philippine corporation.
KIA sells airplane tickets through PAL, and these tickets are serviced by KIA airplanes outside the
Philippines. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to
P2,968,156.00. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at the
rate of 35% on its taxable income, finding that KIA's airline ticket sales constituted income derived
from sources within the Philippines.
KIA filed a protest on the ground that the P2,968,156.00 should be considered as income derived
exclusively from sources outside the Philippines since KIA only serviced passengers outside
Philippine territory.
Is the position of KIA tenable? Reasons. (4%)
IX
The City of Manila enacted Ordinance No. 55-66 which imposes a municipal occupation tax on
persons practicing various professions in the city. Among those subjected to the occupation tax were
lawyers. Atty. Mariano Batas, who has a law office in Manila, pays the ordinance-imposed occupation
tax under protest. He goes to court to assail the validity of the ordinance for being discriminatory.
Decide with reasons. (3%)
Republic Power Corporation (RPC) is a government-owned and controlled corporation engaged in

the supply, generation and transmission of electric power. In 2005, in order to provide electricity to
Southern Tagalog provinces, RPC entered into an agreement with Jethro Energy Corporation (JEC),
for the lease of JEC's power barges which shall be berthed at the port of Batangas City. The contract
provides that JEC shall own the power barges and the fixtures, fittings, machinery, and equipment
therein, all of which JEC shall supply at its own cost, and that JEC shall operate, manage and maintain
the power barges for the purpose of converting the fuel of RPC into electricity. The contract also
stipulates that all real estate taxes and assessments, rates and other charges, in respect of the power
barges, shall be for the account of RPC.
In 2007, JEC received an assessment of real property taxes on the power barges from the Assessor
of Batangas City. JEC sought reconsideration of the assessment on the ground that the power barges
are exempt from real estate taxes under Section 234 [c] of R.A. 7160 as they are actually, directly
and exclusively used by RPC, a government-owned and controlled corporation. Furthermore, even
assuming that the power barges are subject to real property tax, RPC should be held liable therefor,
in accordance with the terms of the lease agreement. Is the contention of JEC correct? Explain your
answer. (4%)
XI
ABCD Corporation (ABCD) is a domestic corporation with individual and corporate shareholders who
are residents of the United States. For the 2nd quarter of 1983, these U.S.-based individual and
corporate stockholders received cash dividends from the corporation. The corresponding withholding
tax on dividend income --- 30% for individual and 35% for corporate non-resident stockholders ---
was deducted at source and remitted to the BIR.
On May 15, 1984, ABCD filed with the Commissioner of Internal Revenue a formal claim for refund,
alleging that under the RP-US Tax Treaty, the deduction withheld at source as tax on dividends
earned was fixed at 25% of said income. Thus, ABCD asserted that it overpaid the withholding tax
due on the cash dividends given to its non-resident stockholders in the U.S. The Commissioner
denied the claim.
On January 17, 1985, ABCD filed a petition with the Court of Tax Appeals (CTA) reiterating its
demand for refund.
a. Does ABCD Corporation have the legal personality to file the refund on behalf of its non-
resident stockholders? Why or why not? (3%)
b. Is the contention of ABCD Corporation correct? Why or why not? (3%)
PART II
XII
Raffy and Wena, husband and wife, are both employed by XXX Corporation. After office hours, they
jointly manage a coffee shop at the ground floor of their house. The coffee shop is registered in the
name of both spouses. Which of the following is the correct way to prepare their income tax
return? Write the letter only. DO NOT EXPLAIN YOUR ANSWER. (2%)
a. Raffy will declare as his income the salaries of both spouses, while Wena will declare the
income from the coffee shop.
b. Wena will declare the combined compensation income of the spouses, and Raffy will declare
the income from the coffee shop.
c. All the income will be declared by Raffy alone, because only one consolidated return is
required to be filed by the spouses.
d. Raffy will declare his own compensation income and Wena will declare hers. The income
from the coffee shop shall be equally divided between them. Each spouse shall be taxed
separately on their corresponding taxable income to be covered by one consolidated return
for the spouses.
e. Raffy will declare his own compensation income and Wena will declare hers. The income
from the coffee shop shall be equally divided between them. Raffy will file one income tax
return to cover all the income of both spouses, and the tax is computed on the aggregate
taxable income of the spouses.
XIII
YYY Corporation engaged the services of the Manananggol Law Firm in 2006 to defend the
corporation's title over a property used in the business. For the legal services rendered in 2007, the
law firm billed the corporation only in 2008. The corporation duly paid.
YYY Corporation claimed this expense as a deduction from gross income in its 2008 return, because
the exact amount of the expense was determined only in 2008. Is YYY's claim of deduction proper?
Reasons. (4%)
XIV
In 1999, Xavier purchased from his friend, Yuri, a painting for P500,000.00. The fair market value
(FMV) of the painting at the time of the purchase was P1-million. Yuri paid all the corresponding taxes
on the transaction. In 2001, Xavier died. In his last will and testament, Xavier bequeathed the painting,
already worth P1.5-million, to his only son, Zandro. The will also granted Zandro the power to appoint
his wife, Wilma, as successor to the painting in the event of Zandro's death. Zandro died in 2007, and
Wilma succeeded to the property.
a. Should the painting be included in the gross estate of Xavier in 2001 and thus, be subject to
estate tax? Explain. (3%)
b. Should the painting be included in the gross estate of Zandro in 2007 and thus, be subject to
estate tax? Explain. (3%)
c. May a vanishing deduction be allowed in either or both of the estates? Explain. (3%)
XV
Emiliano Paupahan is engaged in the business of leasing out several residential apartment units he
owns. The monthly rental for each unit ranges from P8,000.00 to P10,000.00. His gross rental income
for one year is P1,650,000.00. He consults you on whether it is necessary for him to register as a
VAT taxpayer. What legal advice will you give him, and why? (4%)
XVI
Miguel, a citizen and resident of Mexico, donated US$1,000.00 worth of stocks in Barack Motors
Corporation, a Mexican company, to his legitimate son, Miguelito, who is residing in the Philippines
and about to be married to a Filipino girlfriend. Mexico does not impose any transfer tax of whatever
nature on all gratuitous transfers of property.
a. Is Miguel entitled to claim a dowry exclusion? Why or why not? (3%)

b. Is Miguel entitled to the rule of reciprocity in order to be exempt from the Philippine donor's
tax? Why or why not? (3%)
XVII
Ernesto, a Filipino citizen and a practicing lawyer, filed his income tax return for 2007 claiming optional
standard deductions. Realizing that he has enough documents to substantiate his profession-
connected expenses, he now plans to file an amended income tax return for 2007, in order to claim
itemized deductions, since no audit has been commenced by the BIR on the return he previously
filed. Will Ernesto be allowed to amend his return? Why or why not? (4%)
XVIII
A final assessment notice was issued by the BIR on June 13, 2000, and received by the taxpayer on
June 15, 2000. The taxpayer protested the assessment on July 31, 2000. The protest was initially
given due course, but was eventually denied by the Commissioner of Internal Revenue in a decision
dated June 15, 2005. The taxpayer then filed a petition for review with the Court of Tax Appeals
(CTA), but the CTA dismissed the same.
a. Is the CTA correct in dismissing the petition for review? Explain your answer. (4%)
b. Assume that the CTA's decision dismissing the petition for review has become final. May the
Commissioner legally enforce collection of the delinquent tax? Explain. (4%)
XIX
A taxpayer received an assessment notice from the BIR on February 3, 2009. The following day, he
filed a protest, in the form of a request for reinvestigation, against the assessment and submitted all
relevant documents in support of the protest. On September 11, 2009, the taxpayer, apprehensive
because he had not yet received notice of a decision by the Commissioner on his protest, sought
your advice.
What remedy or remedies are available to the taxpayer? Explain. (4%)
XX
Johnny transferred a valuable 10-door commercial apartment to a designated trustee, Miriam, naming
in the trust instrument Santino, Johnny's 10-year old son, as the sole beneficiary. The trustee is
instructed to distribute the yearly rentals amounting to P720,000.00. The trustee consults you if she
has to pay the annual income tax on the rentals received from the commercial apartment.
a. What advice will you give the trustee? Explain. (3%)
b. Will your advice be the same if the trustee is directed to accumulate the rental income and
distribute the same only when the beneficiary reaches the age of majority? Why or why not?
(3%)
XXI
Masarap Food Corporation (MFC) incurred substantial advertising expenses in order to protect its
brand franchise for one of its line products. In its income tax return, MFC included the advertising
expense as deduction from gross income, claiming it as an ordinary business expense. Is MFC
correct? Explain. (3%)
-NOTHING FOLLOWS-
MERCANTILE LAW
August 19, 2018 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains nine (9) pages. Check the number of pages and make sure it has the
All the items have to be answered within.four (4) hours. Since there are twenty (20) questions, you
have 12 minutes to answer each question, and 6 minutes to answer each sub-question. You may
Notebook. If not sufficient, then start with the back page of the first sheet and thereafter. Note well
the allocated percentage points for each number, question, or sub-question. In your answers, use the
Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.
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.

Chairman
What does "doing business in the Philippines" under the Foreign Investments Act of 1991 mean?
(5%)
II
Jason is the proud owner of a newly-built house worth PS million. As a protection against any possible
loss or damage to his house, Jason applied for a fire insurance policy thereon with Shure Insurance
Corporation (Shure) on October 11, 2016 and paid the premium in cash. It took the company a week
to approve Jason's application. On October 18, 2016, Shure mailed the approved policy to Jason
which the latter received five (5) days later. However, Jason's house had been razed by fire which
transpired a day before his receipt of the approved policy. Jason filed a written claim with Shure under
the insurance policy. Shure prays for the denial of the claim on the ground that the theory of cognition
applies to contracts of insurance.
Decide Jason's claim with reasons. (5%)
III
ABC Appliances Corporation (ABC) is a domestic corporation engaged in the production and sale of
televisions and other appliances. YYY Engineers, a Taiwanese company, is the manufacturer of
televisions and other appliances from whom ABC actually purchases appliances. From 2000, when
ABC started doing business with YYY, it has been using the mark "TTubes" in the Philippines for the
television units that were bought from YYY. In 2015, YYY filed a trademark application for "TTubes."
Later, ABC also filed its application. Both claim the right over the trademark "TTubes" for television
products. YYY relies on the principle of "first to file" while ABC involves the "doctrine of prior use."
[a] Does the fact that YYY filed its application ahead of ABC mean that YYY has the prior
right over the trademark? Explain briefly. (2.5%)
[b] Does the prior registration also mean a conclusive assumption that YYY Engineers is in
fact the owner of the trademark "TTubes?" Briefly explain your answer. (2.5%)
IV
X's "MINI-ME" burgers are bestsellers in the country. Its "MINI-ME" logo, which bears the color blue,
is a registered mark and has been so since the year 2010. Y, a competitor ofX, has her own burger
which she named "ME-TOO" and her logo thereon is printed in bluish-green. When X sued Y for
trademark infringement, the trial court ruled in favor of the plaintiff by applying the Holistic Test. The
court held that Y infringed on X's mark since the dissimilarities between the two marks are too trifling
and frivolous such that Y's "ME-TOO," when compared to X's "MINI-ME," will likely cause confusion
among consumers.
Is the application of the Holistic Test correct? (5%)
MS Brewery Corporation (MS) is a manufacturer and distributor of the popular beer "MS Lite." It faces
stiff competition from BA Brewery Corporation (BA) whose sales of its own beer product, "BA Lighter,"
has soared to new heights. Meanwhile, sales of the "MS Lite" decreased considerably. The
distribution and marketing personnel of MS later discovered that BA has stored thousands of empty
bottles of "MS Lite" manufactured by MS in one of its warehouses. MS filed a suit for unfair
competition against BA before the Regional Trial Court (RTC). Finding a connection between the
dwindling sales of MS and the increased sales of BA, the RTC ruled that BA resorted to acts of unfair
competition to the detriment of MS. Is the RTC correct? Explain. (5%)
VI
Nautica Shipping Lines (Nautica) bought a second hand passenger ship from Japan. It modified the
design of the bulkhead of the deck of the ship to accommodate more passengers. The ship sunk with
its passengers in Tablas Strait due to heavy rains brought by the monsoon. The heirs of the
passengers sued Nautica for its liability as a common carrier based on the reconfiguration of the
bulkhead which may have compromised the stability of the ship. Nautica raised the defense that the
monsoon is a fortuitous event and, at most, its liability is prescribed by the Limited Liability Rule.
VII
A railroad track of the Philippine National Railway (PNR) is located near a busy intersection of Puyat
Avenue and Osmefia Highway. One afternoon, the intersection was heavily congested, as usual.
Juan, the driver of a public utility jeepney (PUJ), drove onto the railroad tracks but could go no farther
because of the heavy traffic at the intersection. After the jeepney stopped right on the railroad track,
it was hit and overturned by a PNR train, resulting in the death of Kim, a passenger of the PUJ, and
injuries to Juan and his other passengers. Juan, the injured passengers and Kim's family sued the
PNR for damages for its negligence. It was established that the steel pole barrier before the track
was broken, and that the PNR had the last clear chance of avoiding the accident. On the other hand,
the PNR raised the defense that the track is for the exclusive use of the train and that motorists are
aware that it is negligence per se to stop their vehicles on the tracks. Decide the case and explain.
(5%)
VIII
In 2015, Total Bank (Total) proposed to sell to Royal Bank (Royal) its banking business for P 10 billion
consisting of specified assets and liabilities. The parties reached an eventual agreement, which they
termed as "Purchase and Assumption (P & A) Agreement," in which Royal would acquire Total's
specified assets and liabilities, excluding contingent claims, with the further stipulation that it should
be approved by the Bangko Sentral ng Pilipinas (BSP). BSP imposed the condition that Total should
place in escrow Pl billion to cover for contingent claims against it. Total complied. After securing the
approval of the BSP, the two banks signed the agreement. BSP thereafter issued a circular advising
all bank and non-bank intermediaries that effective January 1, 2016, "the banking activities of Total
Bank and Royal Bank have been consolidated and the latter has carried out their operations since
then."
[a] Was there a merger and consolidation of the two banks in point of the Corporation Code?
Explain. (2.5%)
[b] What is meant by a de facto merger? Discuss. (2.5%)
IX
X insured his life for P20 million. X, plays golf and regularly exercises everyday, hence is considered
in good health. He did not know, however, that his frequent headache is really caused by his being
hypertensive. In his application form for a life insurance for himself, he did not put a check to the
question if he is suffering from hypertension, believing that because of his active lifestyle, being
hypertensive is a remote possibility. While playing golf one day, X collapsed at the fairway and was
declared dead on arrival at the hospital. His death certificate stated that X suffered a massive heart
attack.
[a] Will the beneficiary of X be entitled to the proceeds of the life insurance under the
circumstances, despite the non-disclosure that he is hypertensive at the time of application?
(2.5%)
[b] IfX died in an accident instead of a heart attack, would the fact of X's failure to disclose
that he is hypertensive be considered as material information? (2.5%)
After securing a Pl million loan from B, A drew in B's favor a bill of exchange with C as drawee. The
bill reads: "October 1, 2016. Pay to the order of B the sum of P1 million. To: C (drawee). Signed, A."
A then delivered the bill to B who, however, lost it. It turned out that it was stolen by D, B's brother. D
lost no time in forging B's signature and negotiated it to E who acquired it for value and in good faith.
May E recover on the bill from C, the drawee? Explain. (5%)
XI
Royal Links Golf Club obtained a loan from a bank which is secured by a mortgage on a titled lot
where holes 1, 2, 3 and 4 are located. The bank informed the Board of Directors (Board) that if the
arrearages are not paid within thirty (30) days, it will extra-judicially foreclose the mortgage. The
Board decided to offer to the members 200 proprietary membership shares, which are treasury
shares, at the price of P175,000.00 per share even when the current market value is P200,000.00.
In behalf and for the benefit of the corporation, Peter, a stockholder, filed a derivative suit against the
members of the Board for breach of trust for selling the shares at P25,000.00, lower than its market
value, and asked for the nullification of the sales and the removal of the board members. Peter claims
the Club incurred a loss of PS million. The Board presented the defense that in its honest belief any
delay in the payment of the arrearages will be prejudicial to the Club as the mortgage on its assets
will be foreclosed and the sale at a lower price is the best solution to the problem. Decide the suit and
explain. (5%)
XII
X owns 10,000 shares in Z Telecoms Corp. As he is in immediate need of money, he offered to sell
all his shares to his friend, Y, at a bargain price. Upon receipt of the purchase price from Y, X
proceeded to indorse in blank the certificates of shares and delivered these to Y. The latter then went
to the corporate secretary of Z Telecoms Corp. and requested the transfer of the shares in his name.
The corporate secretary refused since X merely indorsed the certificates in blank to Y. According to
the corporate secretary, the certificates should have been specifically indorsed to the purchaser, Y.
Was the corporate secretary justified in declining Y's request? Discuss. (5%)
XIII
C Corp. is the direct holder of 10% of the shareholdings in U Corp., a nonlisted (not public) firm, which
in turn owns 62% of the shareholdings in H Corp., a publicly listed company. The other principal
stockholder in H Corp. is C Corp. which owns 18% of its shares. Meanwhile, the majority stocks in U
Corp. are owned by B Corp. and V Corp. at 22% and 30%, respectively. B Corp. and V Corp. later
sold their respective shares in U Corp. to C Corp., thereby resulting in the increase of C Corp.'s
interest in U Corp., whether direct or indirect, to more than 50%.
[a] Explain the Tender Offer Rule under the Securities Regulation Code. (2.5%)
[b] Does the Tender Offer Rule apply in this case where there has been an indirect acquisition
of the shareholdings in H Corp. by C Corp.? Discuss. (2.5%)
XIV
X, a government official, has a number of bank accounts in T Bank containing millions of pesos. He
also opened several trust accounts in the same bank which specifically covered the placement and/or
investment of funds. X was later charged with graft and corruption before the Sandiganbayan (SB)
by the Ombudsman. The Special Prosecutor filed a motion praying for a court order authorizing it to
look into the savings and trust accounts of X in T Bank. X opposed the motion arguing that the trust
accounts are not "deposits" under the Law on Secrecy of Bank Deposits (Rep. Act No. 1405). Is the
contention of X correct? Explain. (5%)
XV
ABC Corp. is engaged in the pawnshop business involving cellphones, laptops and other gadgets of
value. In order to expand its business and attract investors, it offered to any person who invests at
least Pl 00,000.00 a "Promissory Note" where it obligated itself to pay the holder a 50% return on
investment within one month. Due to the attractive offer, many individuals invested in the company
but not one of them was able to realize any profit after one month.
Has ABC Corp. violated any law with its scheme? Explain. (5%)
XVI
Henry is a board director in XYZ Corporation. For being the "fiscalizer" in the Board, the majority of
the board directors want him removed and his shares sold at auction, so he can no longer participate
even in the stockholders' meetings. Henry approaches you for advice on whether he can be removed
as board director and stockholder even without cause. What is your advice? Explain "amotion" and
the procedure in removing a director. (5%)
XVII
PJ Corporation (PJ) obtained a loan from ABC Bank (ABC) in the amount of P10 million for the
purchase of 100 pieces of ecodoors. Thereafter, a Letter of Credit was obtained by PJ against such
loan. The beneficiary of the Letter of Credit is Scrap Metal Corp. (Scrap Metal) in Beijing, China. Upon
arrival of 100 pieces of ecodoors, PJ executed a Trust Receipt in favor of ABC to cover for the value
of the ecodoors for its release to PJ. The terms of the Trust Receipt is that any proceeds from the
sale of the ecodoors will be delivered to ABC as payment. After the ecodoors were sold, PJ, instead
of paying ABC, used the proceeds of the sale to order from Scrap Metal another 100 pieces of
ecodoors but using another bank to issue a new Letter of Credit fully covered by such proceeds.
PJ refused to pay the proceeds of the sale of the first set of ecodoors to ABC, claiming that the
ecodoors that were delivered were defective. It then instructed ABC not to negotiate the Letter of
Credit that was issued in favor of Scrap Metal.
[a] Explain what is a "Letter of Credit" as a financial device and a "Trust Receipt" as a security
to the Letter of Credit. (2.5%)
[b] As counsel of ABC, you are asked for advice on whether or not to grant the instruction of
PJ. What will be your advice? (2.5%)
XVIII
B Bank, a large universal bank, regularly extends revolving credit lines to business establishments
under what it terms as socially responsible banking and private business partnership relations. All
loans that are extended to clients have a common "Escalation Clause," to wit: "B Bank hereby
reserves its right to make successive increases in interest rates in accordance with the bank's
adopted policies as approved by the Monetary Board; Provided that each successive increase shall
be with the written assent of the depositor."
[a] X, a regular client of the bank, contends that the "Escalation Clause" is unfair,
unconscionable and contrary to law, morals, public policy and customs. Rule on the issue
and explain. (2.5%)
[b] Suppose that the "Escalation Clause" instead reads: "B Bank hereby reserves the right to
make reasonable increases in interest rates in accordance with bank policies as approved by
the Monetary Board; Provided, there shall be corresponding reasonable decreases in interest
rates as approved by the Monetary Board." Would this be valid? Explain. (2.5%)
XIX
In 2015, R Corp., a domestic company that is wholly owned by Filipinos, filed its opposition to the
applications for Mineral Production Sharing Agreements (MPSA) of O Corp., P Corp., and Q Corp.
which were pending before the Panel of Arbitrators (POA) of the Department of Environment and
Natural Resources (DENR). The three corporations wanted to undertake exploration and mining
activities in the province of Isabela. The oppositor alleged that at least 60% of the capital
shareholdings of the applicants are owned by B Corp., a 100% Chinese corporation, in violation of
Sec. 2, Art. XII of the Constitution. The applicants countered that they are qualified corporations as
defined under the Philippine Mining Act of 1995 and the Foreign Investments Act of 1991 since B
Corp. holds only 40% of the capital stocks in each of them and not 60% as alleged by R Corp.
The Summary of Significant Accounting Policies statement of B Corp. reveals that the joint venture
agreements of B Corp. with Sigma Corp. and Delta Corp. involve the 0 Corp., P Corp., and Q Corp.
The ownership of the layered corporations and joint venture agreements show that B Corp. practically
exercises control over the 0, P and Q corporations. 0, P and Q corporations contend that the control
test should be applied and its MPSA applications granted. On the other hand, R Corp. argues that
the "grandfather rule" should be applied. Decide with reasons. (5%)
XX
Company X issued a Bank A Check No. 12345 in the amount of P500,000.00 payable to the Bureau
of Internal Revenue (BIR) for the company's taxes for the third quarter of 1997. The check was
deposited with Bank B, the collecting bank with which the BIR has an account. The check was
subsequently cleared and the amount of P500,000.00 was deducted from the company's balance.
Thereafter, Company X was notified by the BIR of its non-payment of its unpaid taxes despite the
P500,000.00 debit from its account. This prompted the company to seek assistance from the proper
authorities to investigate on the matter.
The results of the investigation disclosed that unknown then to Company X, its chief accountant
Bonifacio Santos is part of a syndicate that devised a scheme to syphon its funds. It was discovered
that though deposited, the check was never paid to the BIR but was passed on by Santos to Winston
Reyes, Bank B's branch manager and Santos' co-conspirator. Instead of bringing the check to the
clearing house, Reyes replaced Check No. 12345 with a worthless check bearing the same amount,
and tampered documents to cover his tracks. No amount was then credited to the BIR. Meanwhile,
Check No. 12345 was subsequently cleared and the amount therein credited into the accounts of
fictitious persons, to be later withdrawn by Santos and Reyes.
Company X then sued Bank B for the amount of P500,000.00 representing the amount deducted
from its account. Bank B interposed the defense that Company X was guilty of contributory negligence
since its confidential employee Santos was an integral part of the scheme to divert the proceeds of
Check No. 12345. Is Company X entitled to reimbursement from Bank B, the collecting bank? Explain.
(5%)
MERCANTILE LAW
September 2, 2018 8:00 A.M. - 12:00 NN.

INSTRUCTIONS
1. This Questionnaire contains eight (8) 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 16 items (I to XVI) to be answered within/our (4) hours.
the given facts, to reason logically in a lawyer-like manner, and to form a sound conclusion from the
given premises.
expressly ask for an explanation. At the same time, remember that a complete explanation does not
YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR
NOTEBOOK
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---
MERCHANTILE LAW
September 2, 2018 8 A.M. - 12 NN.

INSTRUCTIONS
in six (6) pages; and Part II with ten (10) questions (numbered XI-XX), contained in seven (7) pages,
for a total number of thirteen (13) pages.
completed.
GOOD LUCK!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS FOURTEEN (14) PAGES (INCLUDING THIS
PAGE).
MERCHANTILE LAW
PART I
a. The Denicola Test in intellectual property law states that if design elements of an article reflect
a merger of aesthetic and functional considerations, the artistic aspects of the work cannot
be conceptually separable from the utilitarian aspects; thus, the article cannot be copyrighted.
b. If the Ombudsman is convinced that there is a violation of law after investigating a complaint
alleging illicit bank deposits of a public officer, the Ombudsman may order the bank
concerned to allow in camera inspection of bank records and documents.
c. Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law, the sale would
still be valid.
d. Dividends on shares of stocks can only be declared out of unrestricted retained earnings of
the corporation.
e. A bank under receivership can still grant new loans and accept new deposits.
II
Atlantis Realty Corporation (ARC), a local firm engaged in real estate development, plans to sell one
of its prime assets --- a three-hectare land valued at about P100-million. For this purpose, the board
of directors of ARC unanimously passed a resolution approving the sale of the property for P75-
million to Shangrila Real Estate Ventures (SREV), a rival realty firm. The resolution also called for a
special stockholders meeting at which the proposed sale would be up for ratification.
Atty. Edric, a stockholder who owns only one (1) share in ARC, wants to stop the sale. He then
commences a derivative suit for and in behalf of the corporation, to enjoin the board of directors and
the stockholders from approving the sale.
a. Can Atty. Edric, who owns only one (1) share in the company, initiate a derivative suit? Why
or why not? (2%)
b. If such a suit is commenced, would it constitute an intra-corporate dispute? If so, why and
where would such a suit be filed? If not, why not? (2%)
c. Will the suit prosper? Why or why not? (3%)
III
Armando, a resident of Manila, borrowed P3-million from Bernardo, offering as security his 500
shares of stock worth P1.5-million in Xerxes Corporation, and his 2007 BMW sedan, valued at P2-
million. The mortgage on the shares of stock was registered in the Office of the Register of Deeds of
Makati City where Xerxes Corporation has its principal office. The mortgage on the car was registered
in the Office of the Register of Deeds of Manila. Armando executed a single Affidavit of Good Faith,
covering both mortgages.
Armando defaulted on the payment of his obligation; thus, Bernardo foreclosed on the two chattel
mortgages. Armando filed suit to nullify the foreclosure and the mortgages, raising the following
issues:
a. The execution of only one Affidavit of Good Faith for both mortgages invalidated the two
mortgages; (2%) and
b. The mortgage on the shares of stocks should have been registered in the Office of the
Register of Deeds of Manila where he resides, as well as in the stock and transfer book of
Xerxes Corporation. (3%)
Rule on the foregoing issues with reasons.
c. Assume that Bernardo extrajudicially foreclosed on the mortgages, and both the car and the
shares of stock were sold at public auction. If the proceeds from such public sale should be
P1-million short of Armando’s total obligation, can Bernardo recover the deficiency? Why or
why not? (2%)
IV
Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed insurance policy
covering persons between the ages of 50 to 75 who may be afflicted with serious and debilitating
illnesses. Quirico applied for insurance coverage, stating that he was already 80 years old.
Nonetheless, ALAC approved his application.
Quirico then requested ALAC for the issuance of a cover note while he was trying to raise funds to
pay the insurance premium. ALAC granted the request. Ten days after he received the cover note,
Quirico had a heart seizure and had to be hospitalized. He then filed a claim on the policy.
a. Can ALAC validly deny the claim on the ground that the insurance coverage, as publicly
offered, was available only to persons 50 to 75 years of age? Why or why not? (2%)
b. Did ALAC’s issuance of a cover note result in the perfection of an insurance contract between
Quirico and ALAC? Explain. (3%)
Cecilio is planning to put up a grocery store in the subdivision where he and his family reside. To
promote this proposed business venture, he told his wife and three children to send out promotional
text messages to all the residents in the subdivision. Cecilio’s family members did as instructed, and
succeeded in reaching, through text messages, more than 80% of the residents in the subdivision.
Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established? Explain
your answer. (3%)
VI
Lorenzo drew a bill of exchange in the amount of P100,000.00 payable to Barbara or order, with his
wife, Diana, as drawee. At the time the bill was drawn, Diana was unaware that Barbara is Lorenzo’s
paramour.
Barbara then negotiated the bill to her sister, Elena, who paid for it for value, and who did not know
who Lorenzo was. On due date, Elena presented the bill to Diana for payment, but the latter promptly
dishonored the instrument because, by then, Diana had already learned of her husband’s dalliance.
a. Was the bill lawfully dishonored by Diana? Explain. (3%)

b. Does the illicit cause or consideration adversely affect the negotiability of the bill? Explain.
(3%)
VII
Global Transport Services, Inc. (GTSI) operates a fleet of cargo vessels plying interisland routes.
One of its vessels, MV Dona Juana, left the port of Manila for Cebu laden with, among other goods,
10,000 television sets consigned to Romualdo, a TV retailer in Cebu.
When the vessel was about ten nautical miles away from Manila, the ship captain heard on the radio
that a typhoon which, as announced by PAG-ASA, was on its way out of the country, had suddenly
veered back into Philippine territory. The captain realized that MV Dona Juana would traverse the
storm’s path, but decided to proceed with the voyage. True enough, the vessel sailed into the storm.
The captain ordered the jettison of the 10,000 television sets, along with some other cargo, in order
to lighten the vessel and make it easier to steer the vessel out of the path of the typhoon. Eventually,
the vessel, with its crew intact, arrived safely in Cebu.
a. Will you characterize the jettison of Romualdo’s TV sets as an average? If so, what kind of
an average, and why? If not, why not? (3%)
b. Against whom does Romualdo have a cause of action for indemnity of his lost TV sets?
Explain. (3%)
VIII
Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang Pilipino
Rural Bank in Eastern Visayas. Almost all the branch managers are close relatives of the members
of the Board of Directors of the corporation. Many undeserving relatives of the branch managers were
granted loans. In time, the branches could not settle their obligations to depositors and creditors.
Receiving reports of these irregularities, the Supervising and Examining Department (SED) of the
Monetary Board prepared a detailed report (SED Report) specifying the facts and the chronology of
events relative to the problems that beset MPBC rural bank branches. The report concluded that the
bank branches were unable to pay their liabilities as they fell due, and could not possibly continue in
business without incurring substantial losses to its depositors and creditors.
a. May the Monetary Board order the closure of the MPBC rural banks relying only on the SED
Report, without need of an examination? Explain. (3%)
b. If MPBC hires you as lawyer because the Monetary Board has forbidden it from carrying on
its business due to its imminent insolvency, what action will you institute to question the
Monetary Board’s order? Explain. (3%)
IX
When is there an ultra vires act on the part of [a] the corporation; [b] the board of directors; and [c]
the corporate officers. (3%)
What are the so-called exempt securities under the Securities Regulation Code? (2%)
PART II
XI
a. A loan agreement which provides that the debtor shall pay interest at the rate determined by
the bank’s branch manager violates the disclosure requirement of the Truth in Lending Act.
b. Under the Warehouse Receipts Law, a warehouseman loses his lien upon the goods when
he surrenders possession thereof.
c. The Howey Test states that there is an investment contract when a person invests money in
a common enterprise and is led to expect profits primarily from the efforts of others.
d. A document, dated July 15, 2009, that reads: "Pay to X or order the sum of P5,000.00 five
days after his pet dog, Sparky, dies. Signed Y." is a negotiable instrument.
e. "A bank is bound to know its depositor’s signature" is an inflexible rule in determining the
liability of a bank in forgery cases.
XII
Gaudencio, a store owner, obtained a P1-million loan from Bathala Financing Corporation (BFC). As
security, Gaudencio executed a "Deed of Assignment of Receivables," assigning 15 checks received
from various customers who bought merchandise from his store. The checks were duly indorsed by
Gaudencio’s customers.
The Deed of Assignment contains the following stipulation:
"If, for any reason, the receivables or any part thereof cannot be paid by the obligors, the
ASSIGNOR unconditionally and irrevocably agrees to pay the same, assuming the liability to
pay, by way of penalty, three percent (3%) of the total amount unpaid, for the period of delay
until the same is fully paid."
When the checks became due, BFC deposited them for collection, but the drawee banks dishonored
all the checks for one of the following reasons: "account closed," "payment stopped," "account under
garnishment," or "insufficiency of funds." BFC wrote Gaudencio notifying him of the dishonored
checks, and demanding payment of the loan. Because Gaudencio did not pay, BFC filed a collection
suit.
In his defense, Gaudencio contended that [a] BFC did not give timely notice of dishonor (of the
checks); and [b] considering that the checks were duly indorsed, BFC should proceed against the
drawers and the indorsers of the checks.
Are Gaudencio’s defenses tenable? Explain. (5%)
XIII
Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). One of the
provisions of the one-year lease contract states:
"18. x x x The LESSEE shall not insure against fire the chattels, merchandise, textiles, goods
and effects placed at any stall or store or space in the leased premises without first obtaining
the written consent of the LESSOR. If the LESSEE obtains fire insurance coverage without
the consent of the LESSOR, the insurance policy is deemed assigned and transferred to the
LESSOR for the latter’s benefit."
Notwithstanding the stipulation in the contract, without the consent of SBC, Ciriaco insured the
merchandise inside the leased premises against loss by fire in the amount of P500,000.00 with First
United Insurance Corporation (FUIC).
A day before the lease contract expired, fire broke out inside the leased premises, damaging Ciriaco’s
merchandise. Having learned of the insurance earlier procured by Ciriaco, SBC demanded from FUIC
that the proceeds of the insurance policy be paid directly to it, as provided in the lease contract.
Who is legally entitled to receive the insurance proceeds? Explain. (4%)
XIV
XXX Corporation (XXX) and its sister company, YYY Corporation (YYY), are both under judicial
receivership. The receiver has the option to sell all or substantially all of the properties of YYY to XXX,
or simply merge the two corporations. Under either option, the requirements under the Corporation
Code have to be complied with.
The receiver seeks your advice on whether the Bulk Sales Law will apply to either, or both, options.
What will your advice be? Explain. (4%)
XV
After disposing of his last opponent in only two rounds in Las Vegas, the renowned Filipino boxer
Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of hero-
worshipping fans and hundreds of media photographers. The following day, a colored photograph of
Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile logo appeared on
the front page of every Philippine newspaper.
Lacoste International, the French firm that manufactures Lacoste apparel and owns the Lacoste
trademark, decided to cash in on the universal popularity of the boxing icon. It reprinted the
photographs, with the permission of the newspaper publishers, and went on a world-wide blitz of print
commercials in which Sonny is shown wearing a Lacoste shirt alongside the phrase "Sonny Bachao
just loves Lacoste."
When Sonny sees the Lacoste advertisements, he hires you as lawyer and asks you to sue Lacoste
International before a Philippine court:
a. For trademark infringement in the Philippines because Lacoste International used his image
without his permission; (2%)
b. For copyright infringement because of the unauthorized use of the published photographs;
(2%) and
c. For injunction in order to stop Lacoste International from featuring him in their commercials.
(2%)
Will these actions prosper? Explain.
d. Can Lacoste International validly invoke the defense that it is not a Philippine company and,
therefore, Philippine courts have no jurisdiction? Explain. (2%)
XVI
On September 15, 2007, XYZ Corporation issued to Paterno 800 preferred shares with the following
terms:
"The Preferred Shares shall have the following rights, preferences, qualifications, and
limitations, to wit:
1. The right to receive a quarterly dividend of One Per Centum (1%), cumulative and
participating;
2. These shares may be redeemed, by drawing of lots, at any time after two (2) years
from date of issue, at the option of the Corporation; x x x."
Today, Paterno sues XYZ Corporation for specific performance, for the payment of dividends on, and
to compel the redemption of, the preferred shares, under the terms and conditions provided in the
stock certificates. Will the suit prosper? Explain. (3%)
XVII
Philippine Palaces Realty (PPR) had been representing itself as a registered broker of securities,
duly authorized by the Securities and Exchange Commission (SEC). On October 6, 1996, PPR sold
to spouses Leon and Carina one (1) timeshare of Palacio del Boracay for US$7,500.00. However, its
Registration Statement became effective only on February 11, 1998 after the SEC issued a resolution
declaring that PPR was authorized to sell securities, including timeshares.
On March 30, 1998, Leon and Carina wrote PPR rescinding their purchase agreement and
demanding the refund of the amount they paid, because the Palacio del Boracay timeshare was sold
to them by PPR without the requisite license or authority from the SEC. PPR contended that the grant
of the SEC authority had the effect of ratifying the purchase agreement (with Leon and Carina) of
October 6, 1996.
Is the contention of PPR correct? Explain. (3%)
XVIII
Triple A Corporation (Triple A) was incorporated in 1960, with 500 founders’ shares and 78 common
shares as its initial capital stock subscription. However, Triple A registered its stock and transfer book
only in 1978, and recorded merely 33 common shares as the corporation’s issued and outstanding
shares.
a. In 1982, Juancho, the sole heir of one of the original incorporators filed a petition with the
Securities and Exchange Commission (SEC) for the registration of his property rights over
120 founders’ shares and 12 common shares. The petition was supported by a copy of the
Articles of Incorporation indicating the incorporators’ initial capital stock subscription. Will the
petition be granted? Why or why not? (3%)
b. On May 6, 1992, a special stockholders’ meeting was held. At this meeting, what would have
constituted a quorum? Explain. (3%)
c. What is a stock and transfer book? (1%)
XIX
One of the passenger buses owned by Continental Transit Corporation (CTC), plying its usual route,
figured in a collision with another bus owned by Universal Transport, Inc. (UTI). Among those injured
inside the CTC bus were: Romeo, a stow away; Samuel, a pickpocket then in the act of robbing his
seatmate when the collision occurred; Teresita, the bus driver’s mistress who usually accompanied
the driver on his trips for free; and Uriel, holder of a free riding pass he won in a raffle held by CTC.
a. Will a suit for breach of contract of carriage filed by Romeo, Samuel, Teresita, and Uriel
against CTC prosper? Explain. (3%)
b. Do Romeo, Samuel, Teresita, and Uriel have a cause of action for damages against UTI?
Explain. (3%)
c. What, if any, are the valid defenses that CTC and UTI can raise in the respective actions
against them? Explain. (3%)
XX
Under the Securities Regulation Code, what is the Margin Trading Rule? (2%)
-NOTHING FOLLOWS-
REMEDIAL LAW
September 9, 2018 8 A.M. - 12 Noon

INSTRUCTIONS
This questionnaire consists of seventeen (17) numbers contained in nine (9) pages. Read each
question very carefully. Answer 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 immediately succeeding pages until completed. Do not repeat the question. A mere "Yes"
or "No" answer without any corresponding discussion will not be given any credit.
GOOD LUCK!!!
Signed ANGELINA S. GUTIERREZ

Chairperson

REMEDIAL LAW
-I-
1. What is the concept of remedial law? 2%

2. Distinguish between substantive law and remedial law. 2%
3. How are remedial laws implemented in our system of government? 2%
4. Distinguish jurisdiction from venue? 2%
5. What do you mean by (a) real actions; and (b) personal actions? 2%
- II -
What court has jurisdiction over an action for specific performance filed by a subdivision homeowner
against a subdivision developer? Choose the correct answer. Explain. 2.5%
1. The Housing and Land Use Regulatory Board

2. The Securities and Exchange Commission
3. The Regional Trial Court
4. The Commercial Court or the Regional Trial Court designated by the Supreme Court to hear
and decide "commercial cases".
- III -
1. What is forum shopping? 2.5%

2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for specific performance
against Bernie. For lack of a certification against forum shopping, the judge dismissed the
complaint. Honey's lawyer filed a motion for reconsideration, attaching thereto an amended
complaint with the certification against forum shopping. If you were the judge, how will you
resolve the motion? 5%
- IV -
Jojie filed with the Regional Trial Court of Laguna a complaint for damages against Joe. During the
pre-trial, Jojie and her counsel failed to appear despite notice to both of them. Upon oral motion of
Jojie, Joe was declared as in default and Jojie was allowed to present her evidence ex palte.
Thereafter, the court rendered its Decision in favor of Jojie.
Joe hired Jose as his counsel. What are the remedies available to him? Explain. 5%
-V-
May Congress enact a law providing that a 5,000 square meter lot, apart of the UST compound in
Sampaloc, Manila, be expropriated for the construction of a park in honor of former City Mayor
Arsenio Lacson? As compensation to UST, the City of Manila shall deliver its 5-hectare lot in Sta.
Rosa, Laguna originally intended as a residential subdivision for the Manila City Hall employees.
Explain. 5%
- VI -
Explain each mode of certiorari:
a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme
Court. 2.5%
b. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme
Court. 2.5%
c. As a mode of review of the decisions of the National Labor Relations Commission and the
Constitutional Commissions. 2.5%
- VII -
Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes paid, but it was not
acted upon. So, he filed a similar complaint with the Court of Tax Appeals raffled to one of its
Divisions. Mark's complaint was dismissed. Thus, he filed with the Court of Appeals a petition for
certiorari under Rule 65.
Does the Court of Appeals have jurisdiction over Mark's petition? 2.5
- VIII -
Does the Court of Appeals have jurisdiction to review the Decisions in criminal and administrative
cases of the Ombudsman? 2.5%
- IX -
1. What are the requisites for the issuance of (a) a writ of preliminary injunction; and (b) a final
writ of injunction? 2.5%
2. Distinguish between injunction as an ancillary remedy and injunction as a main action. 2.5%
-X-
1. Define a temporary restraining order (TRO). 2%

2. Maya Regional Trial Court issue injunction without bond? 2%
3. What is the duration of a TRO issued by the Executive Judge of a Regional Trial Court? 2%
4. Differentiate a TRO from a status quo order. 2%
5. Maya justice of a Division of the Court of Appeals issue a TRO? 2%
- XI -
1. What is an interlocutory order?

2. What is the difference between a judgment and an opinion of the court? 2.5%
- XII -
Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint for sum of money
amounting to P1 Million against Carlos Corro. The complaint alleges, among others, that Carlos
borrowed from Tina the said amount as evidenced by a promissory note signed by Carlos and his
wife, jointly and severally. Carlos was served with summons which was received by Linda, his
secretary .However, Carlos failed to file an answer to the complaint within the 15-day reglementary
period. Hence, Tina filed with the court a motion to declare Carlos in default and to allow her to
present evidence ex parte. Five days thereafter, Carlos filed his verified answer to the complaint,
denying under oath the genuineness and due execution of the promissory note; and contending that
he has fully paid his loan with interest at 12% per annum.
1. Was the summons validly served on Carlos? 2.5%

2. If you were the judge, will you grant Tina's motion to declare Carlos in default? 2.5%
- XIII -
Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa
City , of sound and disposing mind, executed a last will and testament in English, a language spoken
and written by him proficiently. He disposed of his estate consisting of a parcel of land in Makati City
and cash deposit at the City Bank in the , sum of P300 Million. He bequeathed P50 Million each to
his 3 sons and P150 Million to his wife. He devised apiece of land worth P100 Million to Susan, his
favorite daughter-in-Iaw. He named his best friend, Cancio Vidal, as executor of the will without bond
1. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court a petition
for probate of the latter's last will and testament? 2%
2. Supposing the original copy of the last will and testament was lost, can Cancio compel Susan
to produce a copy in her possession to be submitted to the probate court? 2%
3. Can the probate court appoint the widow as executor of the will? 2%
4. Can the widow and her children settle extrajudicially among themselves the estate of the
deceased? 2%
5. Can the widow and her children initiate a separate petition for partition of the estate pending
the probate of the last will and testament by the proper court? 2%
- XIV -
When is bail a matter of right and when is it a matter of discretion ? 5%
- XV -
Leticia was estranged from her husband Paul for more than a year due to his suspicion that she was
having an affair with Manuel, their neighbor. She was temporarily living with her sister in Pasig City.
For unknown reasons, the house of Leticia's sister was burned, killing the latter. Leticia survived. She
saw her husband in the vicinity during the incident. Later, he was charged with arson in an Information
filed with the Regional Trial Court, Pasig City.
During the trial, the prosecutor called Leticia to the witness stand and offered her testimony to prove
that her husband committed arson.
Can Leticia testify over the objection of her husband on the ground of martial privilege? 5%
- XVI -
1. What are the requirements in order that an admission of guilt of an accused during a custodial
investigation be admitted in evidence? 2.5%
2. As counsel of an accused charged with homicide, you are convinced that he can be utilized
as a state witness. What procedure will you take? Explain. 2.5%
- XVII -
In 1996, Congress passed Republic Act No.8189, otherwise known as the Voters' Registration Act of
1996, providing for computerization of elections. Pursuant thereto, the COMELEC approved the
Voters' Registration and Identification System (VRIS) Project. It issued invitations to pre-qualify and
bid for the project. After the public bidding, Fotokina was declared the winning bidder with a bid of P6
Billion and was issued a Notice of Award. But COMELEC Chairman Gener Go objected to the award
on the ground that under the Appropriations Act, the budget for the COMELEC's modernization is
only P1 Billion. He announced to the public that the VRIS project has been set aside. Two
Commissioners sided with Chairman Go, but the majority voted to uphold the contract.
Meanwhile, Fotokina filed with the RTC a petition for mandamus to compel the COMELEC to
implement the contract. The Office of the Solicitor General (OSG), representing Chairman Go,
opposed the petition on the ground that mandamus does not lie to enforce contractual obligations.
During the proceedings, the majority Commissioners filed a manifestation that Chairman Go was not
authorized by the COMELEC En Banc to oppose the petition.
1. May the OSG represent Chairman Go before the RTC notwithstanding that his position is
contrary to that of the majority? 5%.
2. Is a petition for mandamus an appropriate remedy to enforce contractual obligations? 5%
NOTHING FOLLOWS.
REMEDIAL LAW
September 9, 2018 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it has the
All the items have to be answered within four (4) hours. Since there are twenty (20) questions, you
have 12 minutes to answer each question. You may write on the Questionnaire for notes relating
to the questions.
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.
3. Make sure you do not write your name or any extraneous notels or distinctive marking/s on your

Chairman
State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial
Courts (RTCs). (5%)
II
[a] Briefly explain the procedure on "Interrogatories to Parties" under Rule 25 and state the
effect of failure to serve written interrogatories. (2.5%)
[b] Briefly explain the procedure on "Admission by Adverse Party" under Rule 26 and the
effect of failure to file and serve the request. (2.5%)
III
What are the contents of a judicial affidavit? (5%)
IV
Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) of Manila a
complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor of Galaxy Bank
(Galaxy), and the consequent· foreclosure and auction sale of his mortgaged Makati property. Galaxy
filed a Motion to Dismiss on the ground of improper venue alleging that the complaint should be filed
with the RTC ofMakati since the complaint involves the ownership and possession of Eduardo's lot.
Resolve the motion with reasons. (5%)
[a] What is the "most important witness" rule pursuant to the 2004 Guidelines of Pretrial and
Use of Deposition..;Discovery Measures? Explain. (2.5%)
[b] What is the "one day examination of witness" rule pursuant to the said 2004 Guidelines?
Explain. (2.5%)
VI
Pedro and Juan are residents of Barangay Ifurug, Municipality of Dupac, Mountain Province. Pedro
owes Juan the amount of P50,000.00. Due to nonpayment, Juan brought his complaint to the Council
of Elders of said barangay which implements the bodong justice system. Both appeared before the
council where they verbally agreed that Pedro will pay in installments on specific due dates. Pedro
reneged on his promise. Juan filed a complaint for sum of money before the Municipal Trial Court
(MTC). Pedro filed a Motion to Dismiss on the ground that the case did not pass through the barangay
conciliation under R.A. No. 7160 and that the RTC, not the MTC, has jurisdiction. In his opposition,
Juan argued that the intervention of the Council of Elders is substantial compliance with the
requirement ofR.A. No. 7160 and the claim of P50,000.00 is clearly within the jurisdiction of the MTC.
As MTC judge, rule on the motion and explain. (5%)
VII
Spouses Marlon and Edith have three (3) children ages 15, 12 and 7, who are studying at public
schools. They have a combined gross monthly income of P30,000.00 and they stay in an apartment
in Manila with a monthly rent of PS,000.00. The monthly minimum wage per employee in Metro Manila
does not exceed P13,000.00. They do not own any real property. The spouses want to collect a loan
of P25,000.00 from Jojo but do not have the money to pay the filing fees.
[a] Would the spouses qualify as indigent litigants under Section 19, Rule 141 on Legal Fees?
(2.5%)
[b] If the spouses do not qualify under Rule 141, what other remedy can they avail of under
the rules to exempt them from paying the filing fees? (2.5%)
VIII
Juan sued Roberto for specific performance. Roberto knew that Juan was going to file the case so
he went out of town and temporarily stayed in another city to avoid service of summons. Juan
engaged the services of Sheriff Matinik to serve the summons but when the latter went to the
residence of Roberto, he was told by the caretaker thereof that his employer no longer resides at the
house. The caretaker is a high school graduate and is the godson of Roberto. Believing the
caretaker's story to be true, Sheriff Matinik left a copy of the summons and complaint with the
caretaker. Was there a valid substituted service of summons? Discuss the requirements for a valid
service of summons. (5%)
IX
[a] Is the buyer in the auction sale arising from an extra-judicial foreclosure entitled to a writ
of possession even before the expiration of the redemption period? If so, what is the action
to be taken? (1 %)
[b] After the period of redemption has lapsed and the title to the lot is consolidated in the
name of the auction buyer, is he entitled to the writ of possession as a matter of right? If so,
what is the action to be taken? (2%)
[c] Suppose that after the title to the lot has been consolidated in the name of the auction
buyer, said buyer sold the lot to a third party without first getting a writ of possession. Can the
transferee exercise the right of the auction buyer and claim that it is a ministerial duty of the
court to issue a writ of possession in his favor? Briefly explain. (2%)
Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a complaint for
mandamus against the Laguna Lake Development Authority, the Department of Environment and
Natural Resources, the Department of Public Work and Highways, Department of Interior and Local
Government, Department of Agriculture, Department of Budget, and Philippine National Police before
the R TC of Laguna alleging that the continued neglect of defendants in performing their duties has
resulted in serious deterioration of the water quality of the lake and the degradation of the marine life
in the lake. The plaintiffs prayed that said government agencies be ordered to clean up Laguna de
Bay and restore its water quality to Class C waters as prescribed by Presidential Decree No. 1152,
otherwise known as the Philippine Environment Code. Defendants raise the defense that the cleanup
of the lake is not a ministerial function and they cannot be compelled by mandamus to perform the
same. The RTC of Laguna rendered a decision declaring that it is the duty of the agencies to clean
up Laguna de Bay and issued a permanent writ of mandamus ordering said agencies to perform their
duties prescribed by law relating to the cleanup of Laguna de Bay.
[a] Is the RTC correct in issuing the writ of mandamus? Explain. (2.5%)
[b] What is the writ of continuing mandamus? (2.5%)
XI
Miguel filed a Complaint for damages against Jose, who denied liability and filed a Motion to Dismiss
on the ground of failure to state a cause of action. In an Order received by Jose on January 5, 2015,
the trial court denied the Motion to Dismiss. On February 4, 2015, Jose sought reconsideration of that
Order through a Motion for Reconsideration. Miguel opposed the Motion for Reconsideration on the
ground that it was filed out of time. Jose countered that the 15-day rule under Section 1 of Rule 52
does not apply where the Order sought to be reconsidered is an interlocutory order that does not
attain finality. Is Jose correct? Explain. (5%)
XII
Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari under Rule 65 from an
adverse decision of the National Labor Relations Commission (NLRC) on the complaint for illegal
dismissal against Empire Textile Corporation. They were terminated on the ground that they failed to
meet the prescribed production quota at least four (4) times. The NLRC decision was assailed in a
special civil action under Rule 65 before the Court of Appeals (CA). In the verification and certification
against forum shopping, only Toto signed the verification and certification, while Atty. Arman signed
for Nelson. Empire filed a motion to dismiss on the ground of defective verification and certification.
XIII
The officers of "Ang Kapaligiran ay Alagaan, Inc." engaged your services to file an action against
ABC Mining Corporation which is engaged in mining operations in Sta. Cruz, Marinduque. ABC used
highly toxic chemicals in extracting gold. ABC's toxic mine tailings were accidentally released from
its storage dams and were discharged into the rivers of said town. The mine tailings found their way
to Calancan Bay and allegedly to the waters of nearby Romblon and Quezon. The damage to the
crops and loss of earnings were estimated at Pl Billion. Damage to the environment is estimated at
Pl Billion. As lawyer for the organization, you are requested to explain the advantages derived from
a petition for writ of kalikasan before the Supreme Court over a complaint for damages before the
RTC of Marinduque or vice-versa. What action will you recommend? Explain. (5%)
XIV
Pedro, the principal witness in a criminal case, testified and completed his testimony on direct
examination in 2015. Due to several postponements by the accused, grounded on his recurring
illness, which were all granted by the judge, the cross-examination of Pedro was finally set on October
15, 2016. Before the said date, Pedro died. The accused moved to expunge Pedro's testimony on
the ground that it violates his right of confrontation and the right to cross-examine the witness. The
prosecution opposed the motion and asked that Pedro's testimony on direct examination be admitted
as evidence. Is the motion meritorious? Explain. (5%)
XV
Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Trial Court of Manila (MeTC)
rendered a decision ordering Gringo to pay Chika P50,000.00 plus legal interest. During its pendency
of the appeal before the RTC, Gringo died of acute hemorrhagic pancreatitis. Atty. Perfecto, counsel
of Gringo, filed a manifestation attaching the death certificate of Gringo and informing the RTC that
he cannot substitute the heirs since Gringo did not disclose any information on his family. As counsel
for Chika, what remedy can you recommend to your client so the case can move forward and she
can eventually recover her money? Explain. (5%)
XVI
Under Section 5, Rule 113 a warrantless arrest is allowed when an offense has just been committed
and the peace officer has probable cause to believe, based on his personal knowledge of facts or
circumstances, that the person to be arrested has committed it. A policeman approaches you for
advice and asks you how he will execute a warrantless arrest against a murderer who escaped after
killing a person. The policeman arrived two (2) hours after the killing and a certain Max was allegedly
the killer per information given by a witness. He asks you to clarify the following:
[a] How long after the commission of the crime can he still execute the warrantless arrest?
(2.5%)
[b] What does "personal knowledge of the facts and circumstances that the person to be
arrested committed it" mean? (2.5%)
XVII
The information against Roger Alindogan for the crime of acts of lasciviousness under Article 336 of
the Revised Penal Code avers:
"That on or about 10:30 o'clock in the evening of February 1, 2010 at Barangay Matalaba,
Imus, Cavite and within the jurisdiction of this Honorable Court, the above-named accused,
with lewd and unchaste design, through force and intimidation, did then and there, wilfully,
unlawfully and feloniously commit sexual abuse on his daughter, Rose Domingo, a minor of
11 years old, either by raping her or committing acts of lasciviousness on her, against her will
and consent to her damage and prejudice.
ACTS CONTRARY TO LAW."
The accused wants to have the case dismissed because he believes that the charge is confusing and
the information is defective. What ground or grounds can he raise in moving for the quashal of the
information? Explain. (5%)
XVIII
John filed a petition for declaration of nullity of his marriage to Anne on the ground of psychological
incapacity under Article 36 of the Family Code. He obtained a copy of the confidential psychiatric
evaluation report on his wife from the secretary of the psychiatrist. Can he testify on the said report
without offending the rule on privileged communication? Explain. (5%)
XIX
Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur King for
reconveyance of a lot declared in the name of Arthur King under TCT No. 1234. The complaint alleged
that "on account Arthur King's residence abroad up to the present and the uncertainty of whether he
is still alive or dead, he or his estate may be served with summons by publication." Summons was
published and nobody filed any responsive pleading within sixty (60) days therefrom. Upon motion,
defendants were declared in default and judgment was rendered declaring Tristan as legal owner
and ordering defendants to reconvey said lot to Tristan.
Jojo, the court-designated administrator of Arthur King's estate, filed a petition for annulment of
judgment before the CA praying that the decision in favor of Tristan be declared null and void for lack
of jurisdiction. He claims that the action filed by Tristan is an action in personam and that the court
did not acquire jurisdiction over defendants Arthur King and/or his estate. On the other hand, Tristan
claims that the suit is an action in rem or at least an action quasi in rem. Is the RTC judge correct in
ordering service of summons by publication? Explain. (5%)
XX
Royal Bank (Royal) filed a complaint for a sum of money against Ervin and Jude before the RTC of
Manila. The initiatory pleading averred that on February 14, 2010, Ervin obtained a loan from Royal
in the amount of Pl Million, as evidenced by Promissory Note No. 007 (PN) signed by Ervin. Jude
signed a Surety Agreement binding herself as surety for the loan. Royal made a final demand on
February 14, 2015 for Ervin and Jude (defendants) to pay, but the latter failed to pay. Royal prayed
that defendants Ervin and Jude be ordered to pay the amount of P1 Million plus interests.
In their answer, Ervin admitted that he obtained the loan from Royal and signed the PN. Jude also
admitted that she signed the Surety Agreement. Defendants pointed out that the PN did not provide
the due date for payment, and that the loan has not yet matured as the maturity date was left blank
to be agreed upon by the parties at a later date. Defendants filed a Motion for a Judgment on the
Pleadings on the ground that there is no genuine issue presented by the parties' submissions. Royal
opposed the motion on the ground that the PN' s maturity is an issue that must be threshed out during
trial.
[a] Resolve the motion with reasons. (2.5%)
[b] Distinguish "Summary Judgment" and "Judgment on the Pleadings." (2.5%)
-END
REMEDIAL LAW
September 16, 2018 8 A.M. - 12 P.M.

INSTRUCTIONS
in six (6) pages; and Part II with nine (9) questions (numbered XI-XIX), contained in five (5) pages,
for a total number of eleven (11) pages.
completed.
GOOD LUCK!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12) PAGES (INCLUDING THIS PAGE)
REMEDIAL LAW
PART I
a. The Vallejo standard refers to jurisprudential norms considered by the court in assessing the
probative value of DNA evidence.
b. The One-Day Examination of Witness Rule abbreviates court proceedings by having a
witness fully examined in only one day during trial.
c. A suit for injunction is an action in rem.
d. Under the doctrine of adoptive admission, a third party's statement becomes the admission
of the party embracing or espousing it.
e. Summons may be served by mail.
II
Angelina sued Armando before the Regional Trial Court (RTC) of Manila to recover the ownership
and possession of two parcels of land; one situated in Pampanga, and the other in Bulacan.
a. May the action prosper? Explain. (2%)

b. Will your answer be the same if the action was for foreclosure of the mortgage over the two
parcels of land? Why or why not? (2%)
III
Amorsolo, a Filipino citizen permanently residing in New York City, filed with the RTC of Lipa City a
Complaint for Rescission of Contract of Sale of Land against Brigido, a resident of Barangay San
Miguel, Sto. Tomas, Batangas. The subject property, located in Barangay Talisay, Lipa City, has an
assessed value of P19,700.00. Appended to the complaint is Amorsolo's verification and certification
of non-forum shopping executed in New York City, duly notarized by Mr. Joseph Brown, Esq., a notary
public in the State of New York.
Brigido filed a motion to dismiss the complaint on the following grounds:
a. The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident
of the Philippines; (2%)
b. The RTC does not have jurisdiction over the subject matter of the action involving real
property with an assessed value of P19,700.00; exclusive and original jurisdiction is with the
Municipal Trial Court where the defendant resides; (3%) and
c. The verification and certification of non-forum shopping are fatally defective because there is
no accompanying certification issued by the Philippine Consulate in New York, authenticating
that Mr. Brown is duly authorized to notarize the document. (3%)
Rule on the foregoing grounds with reasons.
IV
Pedrito and Tomas, Mayor and Treasurer, respectively, of the Municipality of San Miguel, Leyte, are
charged before the Sandiganbayan for violation of Section 3 (e), Republic Act No. 3019 (Anti-Graft
and Corrupt Practices Act). The information alleges, among others, that the two conspired in the
purchase of several units of computer through personal canvass instead of a public bidding, causing
undue injury to the municipality.
Before arraignment, the accused moved for reinvestigation of the charge, which the court granted.
After reinvestigation, the Office of the Special Prosecutor filed an amended information duly signed
and approved by the Special Prosecutor, alleging the same delictual facts, but with an additional
allegation that the accused gave unwarranted benefits to SB Enterprises owned by Samuel. Samuel
was also indicted under the amended information.
Before Samuel was arraigned, he moved to quash the amended information on the ground that the
officer who filed the same had no authority to do so. Resolve the motion to quash with reasons. (3%)
Frank and Gina were married on June 12, 1987 in Manila. Barely a year after the wedding, Frank
exhibited a violent temperament, forcing Gina, for reasons of personal safety, to live with her parents.
A year thereafter, Gina found employment as a domestic helper in Singapore, where she worked for
ten consecutive years. All the time she was abroad, Gina had absolutely no communications with
Frank, nor did she hear any news about him. While in Singapore, Gina met and fell in love with Willie.
On July 4, 2007, Gina filed a petition with the RTC of Manila to declare Frank presumptively dead, so
that she could marry Willie. The RTC granted Gina's petition. The Office of the Solicitor General
(OSG) filed a Notice of Appeal with the RTC, stating that it was appealing the decision to the Court
of Appeals on questions of fact and law.
a. Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not?
(2%)
b. As the RTC judge who granted Gina's petition, will you give due course to the OSG's Notice
of Appeal? Explain. (3%)
VI
Arrested in a buy-bust operation, Edmond was brought to the police station where he was informed
of his constitutional rights. During the investigation, Edmond refused to give any statement. However,
the arresting officer asked Edmond to acknowledge in writing that six (6) sachets of "shabu" were
confiscated from him. Edmond consented and also signed a receipt for the amount of P3,000.00,
allegedly representing the "purchase price of the shabu." At the trial, the arresting officer testified and
identified the documents executed and signed by Edmond. Edmond's lawyer did not object to the
testimony. After the presentation of the testimonial evidence, the prosecutor made a formal offer of
evidence which included the documents signed by Edmond.
Edmond's lawyer objected to the admissibility of the documents for being the "fruit of the poisoned
tree." Resolve the objection with reasons. (3%)
VII
Cresencio sued Dioscoro for collection of a sum of money. During the trial, but after the presentation
of plaintiff's evidence, Dioscoro died. Atty. Cruz, Dioscoro's counsel, then filed a motion to dismiss
the action on the ground of his client's death. The court denied the motion to dismiss and, instead,
directed counsel to furnish the court with the names and addresses of Dioscoro's heirs and ordered
that the designated administrator of Dioscoro's estate be substituted as representative party.
After trial, the court rendered judgment in favor of Cresencio. When the decision had become final
and executory, Cresencio moved for the issuance of a writ of execution against Dioscoro's estate to
enforce his judgment claim. The court issued the writ of execution. Was the court's issuance of the
writ of execution proper? Explain. (2%)
VIII
On July 15, 2009, Atty. Manananggol was served copies of numerous unfavorable judgments and
orders. On July 29, 2009, he filed motions for reconsideration which were denied. He received the
notices of denial of the motions for reconsideration on October 2, 2009, a Friday. He immediately
informed his clients who, in turn, uniformly instructed him to appeal. How, when and where should he
pursue the appropriate remedy for each of the following: (10%)
a. Judgment of a Municipal Trial Court (MTC) pursuant to its delegated jurisdiction dismissing
his client's application for land registration?
b. Judgment of the Regional Trial Court (RTC) denying his client's petition for a Writ of Habeas
Data?
c. Order of a Family Court denying his client's petition for Habeas Corpus in relation to custody
of a minor child?
d. Order of the RTC denying his client's Petition for Certiorari questioning the Metropolitan Trial
Court's (MeTC's) denial of a motion to suspend criminal proceedings?
e. Judgment of the First Division of the Court of Tax Appeals (CTA) affirming the RTC decision
convicting his client for violation of the National Internal Revenue Code?
IX
Modesto sued Ernesto for a sum of money, claiming that the latter owed him P1-million, evidenced
by a promissory note, quoted and attached to the complaint. In his answer with counterclaim, Ernesto
alleged that Modesto coerced him into signing the promissory note, but that it is Modesto who really
owes him P1.5-million. Modesto filed an answer to Ernesto's counterclaim admitting that he owed
Ernesto, but only in the amount of P0.5-million. At the pre-trial, Modesto marked and identified
Ernesto's promissory note. He also marked and identified receipts covering payments he made to
Ernesto, to the extent of P0.5-million, which Ernesto did not dispute.
After pre-trial, Modesto filed a motion for judgment on the pleadings, while Ernesto filed a motion for
summary judgment on his counterclaim. Resolve the two motions with reasons. (5%)
Upon termination of the pre-trial, the judge dictated the pre-trial order in the presence of the parties
and their counsel, reciting what had transpired and defining three (3) issues to be tried.
a. If, immediately upon receipt of his copy of the pre-trial order, plaintiff's counsel should move
for its amendment to include a fourth (4th) triable issue which he allegedly inadvertently
failedto mention when the judge dictated the order. Should the motion to amend be granted?
Reasons. (2%)
b. Suppose trial had already commenced and after the plaintiff's second witness had testified,
the defendant's counsel moves for the amendment of the pre-trial order to include a fifth (5th)
triable issue vital to his client's defense. Should the motion be granted over the objection of
plaintiff's counsel? Reasons. (3%)
PART II
XI
a. The accused in a criminal case has the right to avail of the various modes of discovery.
b. The viatory right of a witness served with a subpoena ad testificandum refers to his right not
to comply with the subpoena.
c. In the exercise of its original jurisdiction, the Sandiganbayan may grant petitions for the
issuance of a writ of habeas corpus.
d. An electronic document is the equivalent of an original document under the Best Evidence
Rule if it is a printout or output readable by sight or other means, shown to reflect the data
accurately.
e. The filing of a motion for the reconsideration of the trial court's decision results in the
abandonment of a perfected appeal.
XII
Mike was renting an apartment unit in the building owned by Jonathan. When Mike failed to pay six
months' rent, Jonathan filed an ejectment suit. The Municipal Trial Court (MTC) rendered judgment
in favor of Jonathan, who then filed a motion for the issuance of a writ of execution. The MTC issued
the writ.
a. How can Mike stay the execution of the MTC judgment? Explain. (2%)
b. Mike appealed to the Regional Trial Court (RTC), which affirmed the MTC decision. Mike then
filed a petition for review with the Court of Appeals (CA). The CA dismissed the petition on
the ground that the sheriff had already executed the MTC decision and had ejected Mike from
the premises, thus rendering the appeal moot and academic. Is the CA correct? Reasons.
(3%)
XIII
a. Continental Chemical Corporation (CCC) filed a complaint for a sum of money against
Barstow Trading Corporation (BTC) for the latter's failure to pay for its purchases of industrial
chemicals. In its answer, BTC contended that it refused to pay because CCC misrepresented
that the products it sold belonged to a new line, when in fact they were identical with CCC's
existing products. To substantiate its defense, BTC filed a motion to compel CCC to give a
detailed list of the products' ingredients and chemical components, relying on the right to avail
of the modes of discovery allowed under Rule 27. CCC objected, invoking confidentiality of
the information sought by BTC. Resolve BTC's motion with reasons. (3%)
b. Blinded by extreme jealousy, Alberto shot his wife, Betty, in the presence of his sister, Carla.
Carla brought Betty to the hospital. Outside the operating room, Carla told Domingo, a male
nurse, that it was Alberto who shot Betty. Betty died while undergoing emergency surgery. At
the trial of the parricide charges filed against Alberto, the prosecutor sought to present
Domingo as witness, to testify on what Carla told him. The defense counsel objected on the
ground that Domingo's testimony is inadmissible for being hearsay. Rule on the objection with
reasons. (3%)
XIV
The Republic of the Philippines, through the Department of Public Works and Highways (DPWH) filed
with the RTC a complaint for the expropriation of the parcel of land owned by Jovito. The land is to
be used as an extension of the national highway. Attached to the complaint is a bank certificate
showing that there is, on deposit with the Land Bank of the Philippines, an amount equivalent to the
assessed value of the property. Then DPWH filed a motion for the issuance of a writ of possession.
Jovito filed a motion to dismiss the complaint on the ground that there are other properties which
would better serve the purpose.
a. Will Jovito's motion to dismiss prosper? Explain. (3%)

b. As judge, will you grant the writ of possession prayed for by DPWH? Explain. (3%)
XV
a. Florencio sued Guillermo for partition of a property they owned in common. Guillermo filed a
motion to dismiss the complaint because Florencio failed to implead Hernando and Inocencio,
the other co-owners of the property. As judge, will you grant the motion to dismiss? Explain.
(3%)
b. Mariano, through his attorney-in-fact, Marcos, filed with the RTC of Baguio City a complaint
for annulment of sale against Henry. Marcos and Henry both reside in Asin Road, Baguio
City, while Mariano resides in Davao City. Henry filed a motion to dismiss the complaint on
the ground of prematurity for failure to comply with the mandatory barangay conciliation.
Resolve the motion with reasons. (3%)
XVI
a. After the prosecution had rested and made its formal offer of evidence, with the court
admitting all of the prosecution evidence, the accused filed a demurrer to evidence with leave
of court. The prosecution was allowed to comment thereon. Thereafter, the court granted the
demurrer, finding that the accused could not have committed the offense charged. If the
prosecution files a motion for reconsideration on the ground that the court order granting the
demurrer was not in accord with the law and jurisprudence, will the motion prosper? Explain
your answer. (3%)
b. A criminal information is filed in court charging Anselmo with homicide. Anselmo files a motion
to quash the information on the ground that no preliminary investigation was conducted. Will
the motion be granted? Why or why not? (3%)
XVII
Having obtained favorable judgment in his suit for a sum of money against Patricio, Orencio sought
the issuance of a writ of execution. When the writ was issued, the sheriff levied upon a parcel of land
that Patricio owns, and a date was set for the execution sale.
a. How may Patricio prevent the sale of the property on execution? (2%)
b. If Orencio is the purchaser of the property at the execution sale, how much does he have to
pay? Explain. (2%)
c. If the property is sold to a third party at the execution sale, what can Patricio do to recover
the property? Explain. (2%)
XVIII
Pinoy died without a will. His wife, Rosie, and three children executed a deed of extrajudicial
settlement of his estate. The deed was properly published and registered with the Office of the
Register of Deeds. Three years thereafter, Suzy appeared, claiming to be the illegitimate child of
Pinoy. She sought to annul the settlement alleging that she was deprived of her rightful share in the
estate.
Rosie and the three children contended that (1) the publication of the deed constituted constructive
notice to the whole world, and should therefore bind Suzy; and (2) Suzy's action had already
prescribed.
Are Rosie and the three children correct? Explain. (4%)
XIX
a. Distinguish the two (2) modes of appeal from the judgment of the Regional Trial Court to the
Court of Appeals. (3%)
b. What is the writ of amparo? How is it distinguished from the writ of habeas corpus? (2%)
c. What is the writ of habeas data? (1%)
-NOTHING FOLLOWS-
REMEDIAL LAW
September 16, 2018 8:00 A.M. - 12:00 NN.

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.
given premises.
NOTEBOOK

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%)
Scylla seasonably filed her answer setting forth therein as a defense that Charybdis
had paid the mortgage debt.
b.) On the premise that Charybdis was properly declared in default, what is the effect
of Scylla's answer to the complaint? (2%)
III. Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed
with the RTC designated as a Family Court a petition for issuance of a Temporary Protection
Order (TPO) against her husband, Romeo. The Family Court issued a 30-day TPO against
Romeo. A day before the expiration of the TPO, Juliet filed a motion for extension. Romeo in
his opposition raised, among others, the constitutionality of R.A. No. 9262 (The VAWC Law)
arguing that the law authorizing the issuance of a TPO violates the equal protection and due
process clauses of the 1987 Constitution. The Family Court judge, in granting the motion for
extension of the TPO, declined to rule on the constitutionality of R.A. No. 9262. The Family
Court judge reasoned that Family Courts are without jurisdiction to pass upon constitutional
issues, being a special court of limited jurisdiction and R.A. No. 8369, the law creating the
Family Courts, does not provide for such jurisdiction. Is the Family Court judge correct when
he declined to resolve the constitutionality of R.A. No. 9262? (3%)
IV. Strauss filed a complaint against Wagner for cancellation of title. Wagner moved to dismiss
the complaint because Grieg, to whom he mortgaged the property as duly annotated in the
TCT, was not impleaded as defendant.
a.) Should the complaint be dismissed? (3%)
b.) If the case should proceed to trial without Grieg being impleaded as a party to the
case, what is his remedy to protect his interest? (2%)
V. Ernie filed a petition for guardianship over the person and properties of his father, Ernesto.
Upon receipt of the notice of hearing, Ernesto filed an opposition to the petition. Ernie, before
the hearing of the petition, filed a motion to order Ernesto to submit himself for mental and
physical examination which the court granted.
After Ernie's lawyer completed the presentation of evidence in support of the petition and the
court's ruling on the formal offer of evidence, Ernesto's lawyer filed a demurrer to evidence.
Ernie's lawyer objected on the ground that a demurrer to evidence is not proper in a special
proceeding.
a.) Was Ernie's counsel's objection proper? (2%)
b.) If Ernesto defies the court's order directing him to submit to physical and mental
examinations, can the court order his arrest? (2%)
VI. A law was passed declaring Mt. Karbungko as a protected area since it as a major watershed.
The protected area covered a portion located in Municipality A of the Province I and a portion
located in the City of Z of Province II. Maingat is the leader of Samahan ng Tagapag-ingat ng
Karbungko (STK), a people's organization. He learned that a portion of the mountain located
in the City of Z of Province II was extremely damaged when it was bulldozed and leveled to
the ground, and several trees and plants were cut down and burned by workers of World
Pleasure Resorts, Inc. (WPRI) for the construction of a hotel and golf course. Upon inquiry
with the project site engineer if they had a permit for the project, Maingat was shown a copy
of the Environmental Compliance Certificate (ECC) issued by the DENR-EMB, Regional
Director (RD-DENR-EMB). Immediately, Maingat and STK filed a petition for the issuance of
a writ of continuing mandamus against RD-DENR-EMB and WPRI with the RTC of Province
I, a designated environmental court, as the RD-DENR-EMB negligently issued the ECC to
WPRI.
On scrutiny of the petition, the court determined that the area where the alleged actionable
neglect or omission subject of the petition took place in the City of Z of Province II, and
therefore cognizable by the RTC of Province II. Thus, the court dismissed outright the petition
for lack of jurisdiction.
a.) Was the court correct in motu proprio dismissing the petition? (3%)
Assuming that the court did not dismiss the petition, the RD-DENR-EMB in his
Comment moved to dismiss the petition on the ground that petitioners failed to appeal
the issuance of the ECC and to exhaust administrative remedies provided in the
DENR Rules and Regulations.
b.) Should the court dismiss the petition? (3%)
VII. Plaintiff sued defendant for collection of P 1 million based on the latter's promissory note. The
complaint alleges, among others:
1) Defendant borrowed P1 million from plaintiff as evidenced by a duly executed promissory

note;
2) The promissory note reads:
"Makati, Philippines
Dec. 30, 2014
For value received from plaintiff, defendant promises to pay plaintiff Pl million, twelve (12)
months from the above indicated date without necessity of demand.
Signed
Defendant"
A copy of the promissory note is attached as Annex "A."
Defendant, in his verified answer, alleged among others:
1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the complaint, the
truth being defendant did not execute any promissory note in favor of plaintiff, or
2) Defendant has paid the Ill million claimed in the promissory note (Annex "A" of the
Complaint) as evidenced by an "Acknowledgment Receipt" duly executed by plaintiff on
January 30, 2015 in Manila with his spouse signing as witness.
A copy of the "Acknowledgment Receipt" is attached as Annex "1" hereof.
Plaintiff filed a motion for judgment on the pleadings on the ground that defendant's answer
failed to tender an issue as the allegations therein on his defenses are sham for being
inconsistent; hence, no defense at all. Defendant filed an opposition claiming his answer
tendered an issue.
a.) Is judgment on the pleadings proper? (3%)
Defendant filed a motion for summary judgment on the ground that there are no longer
any triable genuine issues of facts.
b.) Should the court grant defendant's motion for summary judgment? (3%)
VIII. Aldrin entered into a contract to sell with Neil over a parcel of land. The contract stipulated a
P500,000.00 down payment upon signing and the balance payable in twelve (12) monthly
installments of Pl00,000.00. Aldrin paid the down payment and had paid three (3) monthly
installments when he found out that Neil had sold the same property to Yuri for Pl.5 million
paid in cash. Aldrin sued Neil for specific performance with damages with the RTC. Yuri, with
leave of court, filed an answer-in-intervention as he had already obtained a TCT in his name.
After trial, the court rendered judgment ordering Aldrin to pay all the installments due, the
cancellation of Yuri's title, and Neil to execute a deed of sale in favor of Aldrin. When the
judgment became final and executory, Aldrin paid Neil all the installments but the latter
refused to execute the deed of sale in favor of the former.
Aldrin filed a "Petition for the Issuance of a Writ of Execution" with proper notice of hearing.
The petition alleged, among others, that the decision had become final and executory and he
is entitled to the issuance of the writ of execution as a matter of right. Neil filed a motion to
dismiss the petition on the ground that it lacked the required certification against forum
shopping.
a.) Should the court grant Neil's Motion to Dismiss? (3%)
Despite the issuance of the writ of execution directing Neil to execute the deed of sale
in favor of Aldrin, the former obstinately refused to execute the deed.
b.) What is Aldrin's remedy? (2%)
IX. Hades, an American citizen, through a dating website, got acquainted with Persephone, a
Filipina. Hades came to the Philippines and proceeded to Baguio City where Persephone
resides. Hades and Persephone contracted marriage, solemnized by the Metropolitan Trial
Court judge of Makati City. After the wedding, Hades flew back to California, United States of
America, to wind up his business affairs. On his return to the Philippines, Hades discovered
that Persephone had an illicit affair with Phanes. Immediately, Hades returned to the United
States and was able to obtain a valid divorce decree from the Superior Court of the County
of San Mateo, California, a court of competent jurisdiction against Persephone. Hades desires
to marry Hestia, also a Filipina, whom he met at Baccus Grill in Pasay City.
a.) As Hades' lawyer, what petition should you file in order that your client can avoid
prosecution for bigamy 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%)
X. An information for murder was filed against Rapido. The RTC judge, after personally
evaluating the prosecutor's resolution, documents and parties' affidavits submitted by the
prosecutor, found probable cause and issued a warrant of arrest. Rapido's lawyer examined
the rollo of the case and found that it only contained the copy of the information, the
submissions of the prosecutor and a copy of the warrant of arrest. Immediately, Rapido's
counsel filed a motion to quash the arrest warrant for being void, citing as grounds:
a.) The judge before issuing the warrant did not personally conduct a searching
examination of the prosecution witnesses in violation of his client's constitutionally-
mandated rights;
b.) There was no prior order finding probable cause before the judge issued the arrest
warrant.
May the warrant of arrest be quashed on the grounds cited by Rapido's counsel?
State your reason for each ground. (4%)
XI. The Ombudsman found probable cause to charge with plunder the provincial governor, vice
governor, treasurer, budget officer, and accountant. An Information for plunder was filed with
the Sandiganbayan against the provincial officials except for the treasurer who was granted
immunity when he agreed to cooperate with the Ombudsman in the prosecution of the case.
Immediately, the governor filed with the Sandiganbayan a petition for certiorari against the
Ombudsman claiming there was grave abuse of discretion in excluding the treasurer from the
Information.
a.) Was the remedy taken by the governor correct? (2%)
b.) Will the writ of mandamus lie to compel the Ombudsman to include the treasurer
in the Information? (3%)
c.) Can the Special Prosecutor move for the discharge of the budget officer to
corroborate the testimony of the treasurer in the course of presenting its evidence?
(2%)
XII. Paz was awakened by a commotion coming from a condo unit next to hers. Alarmed, she
called up the nearby police station. PO 1 Remus and P02 Romulus proceeded to the condo
unit identified by Paz. PO 1 Remus knocked at the door and when a man opened the door,
POI Remus and his companions introduced themselves as police officers. The man readily
identified himself as Oasis Jung and gestured to them to come in. Inside, the police officers
saw a young lady with her nose bleeding and face swollen. Asked by P02 Romulus what
happened, the lady responded that she was beaten up by Oasis Jung. The police officers
arrested Oasis Jung and brought him and the young lady back to the police station. PO1
Remus took the young lady's statement who identified herself as AA. She narrated that she
is a sixteen-year-old high school student; that previous to the incident, she had sexual
intercourse with Oasis Jung at least five times on different occasions and she was paid
P5,000.00 each time and it was the first time that Oasis Jung physically hurt her. P02 Romulus
detained Oasis Jung at the station's jail. After the inquest proceeding, the public prosecutor
filed an information for Violation of R.A. No. 9262 (The VA WC Law) for physical violence and
five separate informations for violation of R.A. No. 7610 (The Child Abuse Law). Oasis Jung's
lawyer filed a motion to be admitted to bail but the court issued an order that approval of his
bail bond shall be made only after his arraignment.
a.) Did the court properly impose that bail condition? (3%)
Before arraignment, Oasis Jung's lawyer moved to quash the other four separate
informations for violation of the child abuse law invoking the single larceny rule.
b.) Should the motion to quash be granted? (2%)
c.) After his release from detention on bail, can Oasis Jung still question the validity
of his arrest? (2%)
XIII. Jaime was convicted for murder by the Regional Trial Court of Davao City in a decision
promulgated on September 30, 2015. On October 5, 2015, Jaime filed a Motion for New Trial
on the ground that errors of law and irregularities prejudicial to his rights were committed
during his trial. On October 7, 2015, the private prosecutor, with the conformity of the public
prosecutor, filed an Opposition to Jaime's motion. On October 9, 2015, the court granted
Jaime's motion. On October 12, 2015, the public prosecutor filed a motion for reconsideration.
The court issued an Order dated October 16, 2015 denying the public prosecutor's motion for
reconsideration. The public prosecutor received his copy of the order of denial on October
20, 2015 while the private prosecutor received his copy on October 26, 2015.
a.) What is the remedy available to the prosecution from the court's order granting
Jaime's motion for new trial? (3%)
b.) In what court and within what period should a remedy be availed of? (1%)
c.) Who should pursue the remedy? (2%)
XIV. Pedro was charged with theft for stealing Juan's cellphone worth P20,000.00. Prosecutor
Marilag at the pre-trial submitted the judicial affidavit of Juan attaching the receipt for the
purchase of the cellphone to prove civil liability. She also submitted the judicial affidavit of
Mario, an eyewitness who narrated therein how Pedro stole Juan's cellphone.
At the trial, Pedro's lawyer objected to the prosecution's use of judicial affidavits of her
witnesses considering the imposable penalty on the offense with which his client was
charged.
a.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Mario? (2%)
b.) Is Pedro's lawyer correct in objecting to the judicial affidavit of Juan? (2%)
At the conclusion of the prosecution's presentation of evidence, Prosecutor Marilag

orally offered the receipt attached to Juan's judicial affidavit, which the court admitted
over the objection of Pedro's lawyer.
After Pedro's presentation of his evidence, the court rendered judgment finding him
guilty as charged and holding him civilly liable for P20,000.00.
Pedro's lawyer seasonably filed a motion for reconsideration of the decision asserting
that the court erred in awarding the civil liability on the basis of Juan's judicial affidavit,
a documentary evidence which Prosecutor Marilag failed to orally offer.
c.) Is the motion for reconsideration meritorious? (2%)
XV. Water Builders, a construction company based in Makati City, entered into a construction
agreement with Super Powers, Inc., an energy company based in
Manila, for the construction of a mini hydro electric plant. Water Builders failed to complete
the project within the stipulated duration. Super Powers cancelled the contract. Water
Builders filed a request for arbitration with the Construction Industry Arbitration Commission
(CIAC). After due proceedings, CIAC rendered judgment in favor of Super Powers, Inc.
ordering Water Builders to pay the former P10 million, the full amount of the down payment
paid, and P2 million by way of liquidated damages. Dissatisfied with the CIAC's judgment,
Water Builders, pursuant to the Special Rules of Court on Alternative Dispute Resolution
(ADR Rules) filed with the RTC of Pasay City a petition to vacate the arbitral award. Super
Powers, Inc., in its opposition, moved to dismiss the petition, invoking the ADR Rules, on the
ground of improper venue as neither of the parties were doing business in Pasay City.
Should Water Builders' petition be dismissed? (3%)
XVI. AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her.
Later, BB brought AA to a nearby shanty where he raped her. The Information for rape filed
against BB states:
"On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this Honorable
Court, the accused, a minor, fifteen (15) years old with lewd design and by means of force,
violence and intimidation, did then and there, willfully, unlawfully and feloniously had sexual
intercourse with AA, a minor, twelve (12) years old against the latter's will and consent."
At the trial, the prosecutor called to the witness stand AA as his first witness and manifested
that he be allowed to ask leading questions in conducting his direct examination pursuant to
the Rule on the Examination of a Child Witness. BB's counsel objected on the ground that
the prosecutor has not conducted a competency examination on the witness, a requirement
before the rule cited can be applied in the case.
a.) Is BB's counsel correct? (3%)
In order to obviate the counsel's argument on the competency of AA as prosecution

witness, the judge motu proprio conducted his voir dire examination on AA.
b.) Was the action taken by the judge proper? (2%)
After the prosecution had rested its case, BB' s counsel filed with leave a demurrer to
evidence, seeking the dismissal of the case on the ground that the prosecutor failed
to present any evidence on BB' s minority as alleged in the Information.
c.) Should the court grant the demurrer? (3%)

XVII. Hercules was walking near a police station when a police officer signaled for him to approach.
As soon as Hercules came near, the police officer frisked him but the latter found no
contraband. The police officer told Hercules to get inside the police station. Inside the police
station, Hercules asked the police officer, "Sir, may problema po ba?" Instead of replying, the
police officer locked up Hercules inside the police station jail.
a.) What is the remedy available to Hercules to secure his immediate release from
detention? (2%)
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---
CRIMINAL LAW
September 30, 2018 2:00 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire consists of ten (10) numbers contained in FIVE (5) pages. Read each question
very carefully. Answer 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 immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No"
answer without any corresponding discussion will not be given any credit.
GOOD LUCK!!!
Signed ADOLFO S. AZCUNA

Chairperson

CRIMINAL LAW
I.
(10%)
What are the penalties that may be served simultaneously?
II.
(10%)
Tiburcio asked Anastacio to join their group for a "session". Thinking that it was for
a mahjong session, Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio discovered that it
was actually a shabu session. At that precise time, the place was raided by the police, and Anastacio
was among those arrested.
What crime can Anastacio be charged with, if any? Explain your answer.
III.
(10%)
Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon went
inside the bank, but were unable to get any money from the vault because the same was protected
by a time-delay mechanism. They contented themselves with the customer’s cellphones and a total
of P5,000 in cash. After they dashed out of the bank and rushed into the car, Jonathan pulled the car
out of the curb, hitting a pedestrian which resulted in the latter’s death.
What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.
IV.
(10%)
Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to
see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out
his service gun and shot and killed Ken.
The court found that Ken died under exceptional circumtances and exonerated Macky of murder but
sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also
ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000.
a. Did the court correctly order Macky to pay indemnity even though he was exonerated of
murder? Explain your answer.
b. While serving his sentenced, Macky entered the prohibited area and had a pot session with
Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of
the use of prohibited substances? Explain your answer.
V.
(10%)
a. Distinguish between an accomplice and a conspirator.

b. What are the three (3) classes of offender in the crime of qualified seduction? Give an
example of each.
VI.
(10%)
What are the different acts of inciting to sedition?
VII.
(10%)
Eddie brought his son Randy to a local faithhealer known as "Mother Himala." He was diagnosed by
the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized the conduct of a
"treatment" calculated to drive the spirit from the boy’s body. Unfortunately, the procedure conducted
resulted in the boy’s death.
The faithhealer and tree others who were part of the healing ritual were charged with murder and
convicted by the lower court. If you are appellate court Justice, would you sustain the conviction upon
appeal? Explain your answer.
VIII
(10%)
Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it appear
that the rice mill was earning less than it actually was by writing in a "talaan" or ledger a figure lower
than what was collected and paid by their customers. Fe then pocketed the difference. What crime/s
did Fe commit, If any? Explain your answer.
IX.
(10%)
During a concert of Gary V. and in order to prevent the crowd from rushing to the stage, Rafael Padilla
{a security guard} pointed his gun at the onrush of people. When the crowd still pushed forward,
Rafael fired his gun into air to scare them off. However, the bullet hit one of the metal roof supports,
ricocheted and then hit one of the stage crew members, causing injuries which resulted in the latter’s
confinement in a hospital for twelve days.
What crime/s did Rafael commit? Explain your answer.
X.
(10%)
Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to pay her rental,
Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this
warning: "We have closed this portion of the door. Do not open it or else something may happen to
you."
What crime/s did Giovanni commit, if any? Explain your answer.
NOTHING FOLLOWS.
CRIMINAL LAW
September 30, 2018 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire is in two (2) PARTS: Part I with ten (10) questions (numbered I to X), contained in
six (6) pages; and Part II with nine (9) questions (numbered XI-XIX), contained in five (5) pages, for
a total number of eleven (11) pages.
completed.
GOOD LUCK!
_____________________________________
CHAIRPERSON
PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12) PAGES (INCLUDING THIS PAGE).
CRIMINAL LAW
PART I
a. Amado, convicted of rape but granted an absolute pardon by the President, and one year
thereafter, convicted of homicide, is a recidivist.
b. The creditor who resorts to forced labor of a child under the pretext of reimbursing himself for
the debt incurred by the child’s father commits the crime of slavery.
c. The use of an unlicensed firearm in homicide is considered a generic aggravating
circumstance which can be offset by an ordinary mitigating circumstance.
d. A person who, on the occasion of a robbery, kills a bystander by accident is liable for two
separate crimes: robbery and reckless imprudence resulting in homicide.
e. A policeman who, without a judicial order, enters a private house over the owner’s opposition
is guilty of trespass to dwelling.
II
Antero Makabayan was convicted of the crime of Rebellion. While serving sentence, he escaped from
jail. Captured, he was charged with, and convicted of, Evasion of Service of Sentence. Thereafter,
the President of the Philippines issued an amnesty proclamation for the offense of Rebellion. Antero
applied for and was granted the benefit of the amnesty proclamation.
Antero then filed a petition for habeas corpus, praying for his immediate release from confinement.
He claims that the amnesty extends to the offense of Evasion of Service of Sentence. As judge, will
you grant the petition? Discuss fully. (4%)
III
Rigoberto gate-crashed the 71st birthday party of Judge Lorenzo. Armed with a piece of wood
commonly known as dos por dos, Rigoberto hit Judge Lorenzo on the back, causing the latter’s
hospitalization for 30 days. Upon investigation, it appeared that Rigoberto had a grudge against
Judge Lorenzo who, two years earlier, had cited Rigoberto in contempt and ordered his imprisonment
for three (3) days.
a. Is Rigoberto guilty of Direct Assault? Why or why not? (3%)

b. Would your answer be the same if the reason for the attack was that when Judge Lorenzo
was still a practicing lawyer ten years ago, he prosecuted Rigoberto and succeeded in
sending him to jail for one year? Explain your answer. (3%)
IV
Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlie’s
girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it would be
used to kill a very sick, old dog. Actually, Charlie intended to use the poison on Brad.
The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with Brad’s food,
did not kill Brad.
a. Did Charlie commit any crime? If so, what and why? If not, why not? (3%)
b. Would your answer be the same if Brad proved to be allergic to the powder, and after
ingesting it with his food, fell ill and was hospitalized for ten (10) days? Explain. (3%)
V
Ponciano borrowed Ruben’s gun, saying that he would use it to kill Freddie. Because Ruben also
resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie, isauli mo
kaagad, ha." Later, Ponciano killed Freddie, but used a knife because he did not want Freddie’s
neighbors to hear the gunshot.
a. What, if any, is the liability of Ruben? Explain. (3%)

b. Would your answer be the same if, instead of Freddie, it was Manuel, a relative of Ruben,
who was killed by Ponciano using Ruben’s gun? Explain. (3%)
VI
Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador witnessed the entire
incident, but he was so scared to tell the authorities about it.
On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the police. After
investigation, the police finally arrested Baldo on January 6, 1980. Charged in court, Baldo claims
that the crime he committed had already prescribed.
Is Baldo’s contention correct? Explain. (3%)
VII
Charina, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending before the court
that she would convince the Presiding Judge to decide the case in plaintiff’s favor. In consideration
therefor, the plaintiff gave Charina P20,000.00.
Charina was charged with violation of Section 3 (b) of Republic Act No. 3019, prohibiting any public
officer from directly or indirectly requesting or receiving any gift, present, percentage, or benefit in
connection with any contract or transaction x x x wherein the public officer, in his official capacity, has
to intervene under the law.
While the case was being tried, the Ombudsman filed another information against Charina for Indirect
Bribery under the Revised Penal Code. Charina demurred to the second information, claiming that
she can no longer be charged under the Revised Penal Code having been charged for the same act
under R.A. 3019.
Is Charina correct? Explain. (3%)
VIII
While Alfredo, Braulio, Ciriaco, and Domingo were robbing a bank, policemen arrived. A firefight
ensued between the bank robbers and the responding policemen, and one of the policemen was
killed.
a. What crime or crimes, if any, had been committed? Explain. (3%)

b. Suppose it was Alfredo who was killed by the responding policemen, what charges can be
filed against Braulio, Ciriaco and Domingo? Explain. (2%)
c. Suppose in the course of the robbery, before the policemen arrived, Braulio shot and killed
Alfredo following a heated disagreement on who should carry the money bags, what would
be the criminal liability of Braulio, Ciriaco and Domingo? Explain. (2%)
IX
Virgilio, armed with a gun, stopped a van along a major thoroughfare in Manila, pointed the gun at
the driver and shouted: "Tigil! Kidnap ito!"
Terrified, the driver, Juanito, stopped the van and allowed Virgilio to board. Inside the van were
Jeremias, a 6-year-old child, son of a multi-millionaire, and Daday, the child’s nanny. Virgilio told
Juanito to drive to a deserted place, and there, ordered the driver to alight. Before Juanito was allowed
to go, Virgilio instructed him to tell Jeremias’ parents that unless they give a ransom of P10-million
within two (2) days, Jeremias would be beheaded. Daday was told to remain in the van and take care
of Jeremias until the ransom is paid. Virgilio then drove the van to his safehouse.
What crime or crimes, if any, did Virgilio commit? Explain. (5%)
To secure the release of his brother Willy, a detention prisoner, and his cousin Vincent, who is serving
sentence for homicide, Chito asked the RTC Branch Clerk of Court to issue an Order which would
allow the two prisoners to be brought out of jail. At first, the Clerk refused, but when Chito gave her
P50,000.00, she consented.
She then prepared an Order requiring the appearance in court of Willy and Vincent, ostensibly as
witnesses in a pending case. She forged the judge’s signature, and delivered the Order to the jail
warden who, in turn, allowed Willy and Vincent to go out of jail in the company of an armed escort,
Edwin. Chito also gave Edwin P50,000.00 to leave the two inmates unguarded for three minutes and
provide them with an opportunity to escape. Thus, Willy and Vincent were able to escape.
What crime or crimes, if any, had been committed by Chito, Willy, Vincent, the Branch Clerk of Court,
Edwin, and the jail warden? Explain your answer. (5%)
PART II
XI
a. Life imprisonment is a penalty more favorable to the convict than reclusion perpetua.
b. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable under
the Revised Penal Code.
c. In a prosecution for fencing under P.D. 1612, it is a complete defense for the accused to
prove that he had no knowledge that the goods or articles found in his possession had been
the subject of robbery.
d. In the crime of libel, truth is an absolute defense.
e. For a person who transacts an instrument representing the proceeds of a covered unlawful
activity to be liable under the Anti-Money Laundering Act (R.A. 9160, as amended), it must
be shown that he has knowledge of the identities of the culprits involved in the commission
of the predicate crimes.
XII
a. In a conviction for homicide, the trial court appreciated two (2) mitigating circumstances and
one (1) aggravating circumstance. Homicide under Article 249 of the Revised Penal Code is
punishable by reclusion temporal, an imprisonment term of twelve (12) years and one (1) day
to twenty (20) years. Applying the Indeterminate Sentence Law, determine the appropriate
penalty to be imposed. Explain. (3%)
b. Will your answer be the same if it is a conviction for illegal possession of drugs under R.A.
9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which is also imprisonment
for a term of twelve (12) years and one (1) day to twenty (20) years? Why or why not? (3%)
XIII
Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing their money upon
a promise of a capital return of 25%, computed monthly, and guaranteed by post-dated checks.
During the first two months following the investment, the investors received their profits, but
thereafter, Angelo vanished.
Angelo was charged with 500 counts of estafa and 2,000 counts of violation of Batas Pambansa (BP)
22. In his motion to quash, Angelo contends that he committed a continued crime, or delito
continuado, hence, he committed only one count of estafa and one count of violation of BP 22.
a. What is delito continuado? (1%)

b. Is Angelo’s contention tenable? Explain. (4%)
XIV
Following his arrest after a valid buy-bust operation, Tommy was convicted of violation of Section 5,
Republic Act 9165. On appeal, Tommy questioned the admissibility of the evidence because the
police officers who conducted the buy-bust operation failed to observe the requisite "chain of custody"
of the evidence confiscated and/or seized from him.
What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the effect
of failure to observe the requirement? (3%)
XV
Joe was 17 years old when he committed homicide in 2005. The crime is punishable by reclusion
temporal. After two years in hiding, he was arrested and appropriately charged in May 2007. Since
Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) was already in effect, Joe moved to
avail of the process of intervention or diversion.
a. What is intervention or diversion? Is Joe entitled to intervention or diversion? Explain. (3%)

b. Suppose Joe’s motion for intervention or diversion was denied, and he was convicted two (2)
years later when Joe was already 21 years old, should the judge apply the suspension of
sentence? Explain. (2%)
c. Suppose Joe was convicted of attempted murder with a special aggravating circumstance
and was denied suspension of sentence, would he be eligible for probation under Presidential
Decree (PD) 968, considering that the death penalty is imposable for the consummated
felony? Explain. (2%)
XVI
Roger and Jessie, Municipal Mayor and Treasurer, respectively, of San Rafael, Leyte, caused the
disbursement of public funds allocated for their local development programs for 2008. Records show
that the amount of P2-million was purportedly used as financial assistance for a rice production
livelihood project. Upon investigation, however, it was found that Roger and Jessie falsified the
disbursement vouchers and supporting documents in order to make it appear that qualified recipients
who, in fact, are non-existent individuals, received the money.
Roger and Jessie are charged with malversation through falsification and violation of Section 3 (e) of
R.A. 3019 for causing undue injury to the government. Discuss the propriety of the charges filed
against Roger and Jessie. Explain. (4%)
XVII
Wenceslao and Loretta were staying in the same boarding house, occupying different rooms. One
late evening, when everyone in the house was asleep, Wenceslao entered Loretta’s room with the
use of a picklock. Then, with force and violence, Wenceslao ravished Loretta. After he had satisfied
his lust, Wenceslao stabbed Loretta to death and, before leaving the room, took her jewelry.
a. What crime or crimes, if any, did Wenceslao commit? Explain. (4%)

b. Discuss the applicability of the relevant aggravating circumstances of dwelling, nocturnity and
the use of the picklock to enter the room of the victim. (3%)
c. Would your answer to [a] be the same if, despite the serious stab wounds she sustained,
Loretta survived? Explain. (3%)
XVIII
At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive dance
number. While gyrating with their bodies, Leoncio dipped his private parts in Evelyn’s buttocks.
Incensed, Evelyn protested, but Leoncio continued and tightly embraced her.
a. What crime or crimes, if any, did Leoncio commit? Explain. (3%)

b. Would your answer be the same if, even after the music had stopped, Leoncio continued to
dance dirty, rubbing his private parts on Evelyn’s buttocks? Explain. (3%)
XIX
Delmo learned that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of the Philippine
Medical Center. Intending to kill Oscar, Delmo disguised himself as a nurse, entered the ICU, and
saw a man lying on the hospital bed with several life-saving tubes attached to the body. Delmo
disconnected the tubes and left. Later, the resident physician doing his rounds entered the ICU and,
seeing the disconnected tubes, replaced them. The patient survived. It turned out that the patient was
Larry, as Oscar had been discharged from the hospital earlier.
Delmo was charged with frustrated murder, qualified by evident premeditation and treachery as
aggravating circumstances. Discuss the propriety of the charge. (4%)
-NOTHING FOLLOWS-
CRIMINAL LAW
October 7, 2018 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS

Chairman
Explain the application of the Indeterminate Sentence Law (ISL). (5%)
II
[a] Define malfeasance, misfeasance and nonfeasance. (2.5%)
[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)
III
Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a man
stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the attacker on
his head which caused the latter's death.
Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain. (5%)
IV
Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for
the needs of their family, Jojo convinced Felipa to be a stayat- home mom and care for their children.
One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual
intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his
revolver from inside the bedroom cabinet and shot Alma, immediately killing her.
[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the
Revised Penal Code (RPC) applicable in this case given that the paramour was of the same
gender as the erring spouse? (2.5%)
[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)
Governor A was given the amount of PIO million by the Department of Agriculture for the purpose of
buying seedlings to be distributed to the farmers. Supposedly intending to modernize the farming
industry in his province, Governor A bought farm equipment through direct purchase from XY
Enterprise, owned by his kumpare B, the alleged exclusive distributor of the said equipment. Upon
inquiry, the Ombudsman discovered that B has a pending patent application for the said farm
equipment. Moreover, the equipment purchased turned out to be overpriced. What crime or crimes,
if any, were committed by Governor A? Explain. (5%)
VI
Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of PD 1612, otherwise
known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued
at Pl 00,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia
and produced a receipt covering the sale. She presented other receipts given to her by Antonia
representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her
acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove
that she knew or should have known that the pieces of jewelry which she bought from Antonia were
proceeds of the crime of theft.
[a] What is a "fence" under PD 1612? (2.5%)

[b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)
VII
Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy the raw
materials at a low price from Val. The raw materials consisted of powders, which the investors would
mix with water and let stand until a gel was formed. Val made a written commitment to the investors
that he would buy back the gel at a higher price, thus assuring the investors of a neat profit. When
the amounts to be paid by Val to the investors reached millions of pesos, he sold all the equipment
of his perfume business, absconded with the money, and is nowhere to be found. What crime or
crimes were committed, if any? Explain. (5%)
VIII
Charges d'affaires Volvik of Latvia suffers from a psychotic disorder after he was almost assassinated
in his previous assignment. One day, while shopping in a mall, he saw a group of shoppers whom he
thought were the assassins who were out to kill him. He asked for the gun of his escort and shot ten
(10) people and wounded five (5) others before he was subdued. The wounded persons required
more than thirty (30) days of medical treatment. What crime or crimes, if any, did he commit? Explain.
(5%)
IX
A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A used the car for a joy ride
with C whom he is courting. Unfortunately, A met an accident. Upon his return, B came to know about
the unauthorized use of the car and sued A for qualified theft. B alleged that A took and used the car
with intent to gain as he derived some benefit or satisfaction from its use. On the other hand, A argued
that he has no intent of making himself the owner of the car as he in fact returned it to the garage
after the joy ride. What crime or crimes, if any, were committed? Explain. (5%)
The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri, Cagayan
when its engines malfunctioned. The Captain ordered his men to drop anchor and repair the ship.
While the officers and crew were asleep, armed men boarded the vessel and took away several
crates containing valuable items and loaded them in their own motorboat. Before the band left, they
planted an explosive which they detonated from a safe distance. The explosion damaged the hull of
the ship, killed ten (10) crewmen, and injured fifteen (15) others.
What crime or crimes, if any, were committed? Explain. (5%)
XI
Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants in
different parts of her body. She changed her name to Angelina and was a finalist in the Miss Gay
International. She came back to the Philippines and while she was walking outside her home, she
was abducted by Max and Razzy who took her to a house in the province. She was then placed in a
room and Razzy forced her to have sex with him at knife's point. After the act, it dawned upon Razzy
that Angelina is actually a male. Incensed, Razzy called Max to help him beat Angelina. The beatings
that Angelina received eventually caused her death. What crime or crimes, if any, were committed?
Explain. (5%)
XII
Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of Jose Rizal
when, without his permission, Leilani, I 7 years of age, sat beside him and asked for financial
assistance, allegedly for payment of her tuition fee, in exchange for sex. While they were conversing,
police operatives arrested and charged him with violation of Section l 0 of RA 76 I 0 (Special
Protection of Children against Child Abuse, Exploitation and Discrimination Act), accusing him of
having in his company a minor, who is not related to him, in a public place. It was established that
Arnold was not in the performance of a social, moral and legal duty at that time.
Is Arnold liable for the charge? Explain. (5%)
XIII
Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told
Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when
the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of
Domingo, one of the horses was stolen. Knowing that he will be blamed for the loss, Domingo
slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that
the two horses were stolen.
[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)
[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)
XIV
Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as poseur-
buyer, inventoried and photographed ten (10) sachets of shabu in the presence of a barangay
tanod. The inventory was signed by Macario and the tanod, but Dimas refused to sign. As Macario
was stricken with flu the day after, he was able to surrender the sachets to the PNP Crime Laboratory
only after four (4) days. During pre-trial, the counsel de oficio of Dimas stipulated that the substance
contained in the sachets examined by the forensic chemist is in fact methamphetamine hydrochloride
or shabu. Dimas was convicted of violating Section 5 of RA 9165. On appeal, Dimas questioned the
admissibility of the evidence because Macario failed to observe the requisite "chain of custody" of the
alleged "shabu" seized from him. On behalf of the State, the Solicitor General claimed that despite
non-compliance with some requirements, the prosecution was able to show that the integrity of the
substance was preserved. Moreover, even with some deviations from the requirements, the counsel
of Dimas stipulated that the substance seized from Dimas was shabu so that the conviction should
be affirmed.
[a] What is the "chain of custody" requirement in drug offenses? (2.5%)
[b] Rule on the contention of the State. (2.5%)
XV
Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and
three (3) daughters were residing. While the four were ransacking Antonio's house, Julio noticed that
one of Antonio's daughters was trying to escape. He chased and caught up with her at a thicket
somewhat distant from the house, but before bringing her back, raped her.
[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)
[b] Suppose, after the robbery, the four took turns in raping the three daughters inside the
house, and, to prevent identification, killed the whole family just before they left. What crime
or crimes, if any, did the four malefactors commit? (2.5%)
XVI
A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing editor; and
C is the author/writer. In his column, Direct Hit, C wrote about X, the head examiner of the BIR-RDO
Manila as follows:
"Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay napaka suwapang
na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer
at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng RDO niya. Masyadong
magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya na ito at napakalaki
na ng kurakot."
A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued that
the article is within the ambit of qualified privileged communication; that there is no malice in law and
in fact; and, that defamatory comments on the acts of public officials which are related to the
discharge of their official duties do not constitute libel.
Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain. (5%)
XVII
Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled out a knife
and threatened her with harm unless she submitted to his desires. He was touching her chest and
sex organ when his wife caught him in the act. The prosecutor is unsure whether to charge Braulio
for acts of lasciviousness under Art. 336 of the RPC; for lascivious conduct under RA 7610 (Special
Protection against Child Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A of
the RPC. What is the crime committed? Explain. (5%)
XVIII
Lina worked as a housemaid and yaya of the one-week old son of the spouses John and Joana.
When Lina learned that her 70-year old mother was seriously ill, she asked John for a cash advance
of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child with stockings,
placed him in a box, sealed it with masking tape, and placed the box in the attic. Lina then left the
house and asked her friend Fely to demand a P20,000.00 ransom for the release of the spouses'
child to be paid within twenty-four hours. The spouses did not pay the ransom. After a couple of days,
John discovered the box in the attic with his child already dead. According to the autopsy report, the
child died of asphyxiation barely minutes after the box was sealed.
What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)
XIX
Romeo and Julia have been married for twelve (12) years and had two (2) children. The first few
years of their marriage went along smoothly. However, on the fifth year onwards, they would often
quarrel when Romeo comes home drunk. The quarrels became increasingly violent, marked by quiet
periods when Julia would leave the conjugal dwelling. During these times of quiet, Romeo would
"court" Julia with flowers and chocolate and convince her to return home, telling her that he could not
live without her; or Romeo would ask Julia to forgive him, which she did, believing that if she humbled
herself, Romeo would change. After a month of marital bliss, Romeo would return to his drinking habit
and the quarrel would start again, verbally at first, until it would escalate to physical violence.
One night, Romeo came home drunk and went straight to bed. Fearing the onset of another violent
fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors discovered Romeo's
rotting corpse on the marital bed. Julia and the children were nowhere to be found. Julia was charged
with parricide. She asserted "battered woman's syndrome" as her defense.
[a] Explain the "cycle of violence." (2.5%)
[b] Is Julia's "battered woman's syndrome" defense meritorious? Explain. (2.5%)
XX
A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to his wife,
B, 80% of all his earnings. After his stint abroad, he was shocked to know that B became the paramour
of a married man, C, and that all the monies he sent to B were given by her to C. To avenge his
honor, A hired X, Y and Z and told them to kidnap C and his wife, D, so that he can inflict injuries on
C to make him suffer, and humiliate him in front of his wife. X, Y and Z were paid P20,000.00 each
and were promised a reward of P50,000.00 each once the job is done.
At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance to the
house of C and D. C put up a struggle before he was subdued by A's group. They boarded C and D
in a van and brought the two to a small hut in a farm outside Metro Manila. Both hands of C and D
were tied. With the help of X, Y and Z, A raped D in front of C. X, Y and Z then took turns in raping
D, and subjected C to torture until he was black and blue and bleeding profusely from several stab
wounds. A and his group set the hut on fire before leaving, killing both C and D. X, Y and Z were paid
their reward. Bothered by his conscience, A surrendered the next day to the police, admitting the
crimes he committed.
As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what mitigating
and aggravating circumstances will be applied in imposing the penalty. Explain. (5%)
-END-
CIVIL LAW
October 7, 2018 8:00 A.M. - 12:00 NN.

INSTRUCTIONS
1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the number
There are 20 items (I to XX) to be answered within/our (4) hours.
given premises.
NOTEBOOK

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 co-ownership so he could
get his 1/3 share in the property. Y and Z refused, saying X is bound by their agreement to keep the
co-ownership for 20 years. Are Y and Z correct? Explain. (3%)
IX.
Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who accepted
the donation. The donation and Maria's acceptance thereof were evidenced by a Deed of Donation.
Maria then lived in the house and lot donated to her, religiously paying real estate taxes thereon.
Twelve years later, when Jose had already passed away, a woman claiming to be an illegitimate
daughter of Jose filed a complaint against Maria. Claiming rights as an heir, the woman prayed that
Maria be ordered to reconvey the house and lot to Jose's estate. In her complaint she alleged that
the notary public who notarized the Deed of Donation had an expired notarial commission when the
Deed of Donation was executed by Jose. Can Maria be made to reconvey the property? What can
she put up as a defense? (4%)
X.
X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the day X
was supposed to deliver Karla's dresses, X called up Karla to say that she had an urgent matter to
attend to and will deliver them the next day. That night, however, a robber broke into her shop and
took everything including Karla's two dresses. X claims she is not liable to deliver Karla's dresses or
to pay for the clothing materials considering she herself was a victim of the robbery which was a
fortuitous event and over which she had no control. Do you agree? Why? (3%)
XI.
Jackie, 16, inherited a townhouse. Because she wanted to study in an exclusive school, she sold her
townhouse by signing a Deed of Sale and turning over possession of the same to the buyer. When
the buyer discovered that she was still a minor, she promised to execute another Deed of Sale when
she turns 18. When Jackie turned 25 and was already working, she wanted to annul the sale and
return the buyer's money to recover her townhouse. Was the sale contract void, voidable or valid?
Can Jackie still recover the property? Explain. (4%)
XII.
A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a corporation they joined
as incorporators. Iya and Betty bound themselves solidarily liable for the debt. Later, Iya and
Jun became sweethearts so Jun condoned the debt of P500,000.00. May lya demand from
Betty P250,000.00 as her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put up an internet
cafe orally promising to pay her the full amount after one year. Because of their lack of
business know-how, their business collapsed. Juancho and Don ended up penniless but
Pedro was able to borrow money and put up a restaurant which did well. Can Cita demand
that Pedro pay the entire obligation since he, together with the two others, promised to pay
the amount in full after one year? Defend your answer. (2%)
XIII.
A. X and Y are partners in a shop offering portrait painting. Y provided the capital and the
marketing while X was the portrait artist. They accepted the P50,000.00 payment of Kyla to
do her portrait but X passed away without being able to do it. Can Kyla demand that Y deliver
the portrait she had paid for because she was dealing with the business establishment and
not with the artist personally? Why or why not? (3%)
B. In this jurisdiction, is a joint venture (i.e., a group of corporations contributing resources for
a specific project and sharing the profits therefrom) considered a partnership? (3%)
XIV.
A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for
reckless imprudence resulting in homicide was filed against the driver. He was convicted and
was ordered to pay P2 Million in actual and moral damages to the parents of the boy who
was an honor student and had a bright future. Without even trying to find out if the driver had
assets or means to pay the award of damages, the parents of the boy filed a civil action
against the bus company to make it directly liable for the damages.
a) Will their action prosper? (4%)
b) If the parents of the boy do not wish to file a separate civil action against. the bus
company, can they still make the bus company liable if the driver cannot' pay the
award for damages? If so, what is the nature of the employer's liability and how may
civil damages be satisfied? (3%)
XV.
A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months. When
Sara tried to pay her debt on the 8th month, Julia demanded the payment of interest of 12o/o
per annum because of Sara's delay in payment. Sara paid her debt and the interest claimed
by Julia. After rethinking, Sara demanded back from Julia the amount she had paid as
interest. Julia claims she has no obligation to return the interest paid by Sara because it was
a natural obligation which Sara voluntarily performed and can no longer recover. Do you
agree? Explain. (4%)
B. Distinguish civil and natural obligations. (2%)
XVI.
Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She was made to sign
an agreement that if she cannot pay her debt within six months, Jane could immediately appropriate
the jewelry for herself. After six months, Donna failed to pay. Jane then displayed the earrings and
ring set in her jewelry shop located in a mall. A buyer, Juana, bought the jewelry set for P300,000.00.
a) Was the agreement which Donna signed with Jane valid? Explain with legal basis. (2%)
b) Can Donna redeem the jewelry set from Juana by paying the amount she owed Jane to
Juana? Explain with legal basis. (2%)
c) Give an example of a pledge created by operation of law. (2%)
XVII.
Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was pressured into signing
a Deed of Absolute Sale in favor of the winner covering a parcel of land with improvements worth
P20 Million. One month later, the supposed vendee of the property demanded that he and his family
vacate the property subject of the deed of sale. Was the deed of sale valid? What can Z do? (4%)
XVIII.
A lawyer was given an authority by means of a Special Power of Attorney by his client to sell a parcel
of land for the amount of P3 Million. Since the client owed the lawyer P1 Million in attorney's fees in
a prior case he handled, the client agreed that if the property is sold, the lawyer was entitled to get
5% agent's fee plus P1 Million as payment for his unpaid attorney's fees. The client, however,
subsequently found a buyer of his own who was willing to buy the property for a higher amount. Can
the client unilaterally rescind the authority he gave in favor of his lawyer? Why or why not? (4%)
XIX.
Mr. A, a businessman, put several real estate properties under the name of his eldest son X because
at that time, X was the only one of legal age among his four children. He told his son he was to hold
those assets for his siblings until they become adults themselves. X then got married. After 5 years,
Mr. A asked X to transfer the titles over three properties to his three siblings, leaving two properties
for himself. To A's surprise, X said that he can no longer be made to transfer the properties to his
siblings because more than 5 years have passed since the titles were registered in his name. Do you
agree? Explain. (4%)
XX.
A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a parcel
of land which after due proceedings was granted by the RTC acting as a land registration
court. However, before the decree of registration could be issued, the spouses Roman and
the spouses Cruz sold the lot to Juan. In the notarized deed of sale, the sellers expressly
undertook to submit the deed of sale to the land registration court so that the title to the
property would be directly issued in Juan's name. Is such a stipulation valid? (2%)
B. Distinguish a direct attack from a collateral attack on a title. (2%)
C. If the title in Item XX.A is issued in the names of the original sellers, would a motion filed
by Juan in the same case to correct or amend the title in order to reflect his name as owner
be considered a collateral attack? (2%)
---ooo0ooo---
CIVIL LAW
October 14, 2018 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
Notebook. If not sufficient then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your answers, use the
expressly ask for an explanation. You do not need to re-write or repeat the question in your Notebook.
3. Make sure you do not write your name or any extraneous note/s or distinctive marking/son your

Chairman
Section 1 of P.D. No. 755 states:
"Section 1. Declaration of National Policy. - It is hereby declared that the policy of the State is to
provide readily available credit facilities to the coconut farmers at preferential rates; that this policy
can be expeditiously and efficiently realized by the implementation of the 'Agreement for the
Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers' executed by the Philippine
Coconut Authority, the terms of which 'Agreement' are hereby incorporated by reference; x x x"
A copy of the Agreement was not attached to the Presidential Decree.
P.D. No. 755 was published in the Official Gazette but the text of the Agreement described in Section
1 was not published. Can the Agreement in question be accorded the status of a law? Explain. (5%)
II
With regard to an award of interest in the concept of actual and compensatory damages, please state
the guidelines regarding the manner of computing legal interest in the following situations:
[a) when the obligation is breached and it consists in the payment of a sum of money like a
loan or forbearance of money; (2.5%)
[b] when the obligation does not constitute a loan or forbearance of money. (2.5%)
Consider the issuance of BSP-MB Circular No. 799, which became effective on July 1, 2013.
III
Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from her mother that
she can go to the United States for naturalization. Juliet promised she will be back the moment she
becomes an American. After sometime, Romeo learned from a friend that Juliet already became a
U.S. citizen and even divorced him to marry a wealthy American businessman. Romeo filed a petition
before the Regional Trial Court praying that an order be issued authorizing him to remarry pursuant
to Article 26 of the Family Code. Decide the petition with reasons. (5%)
IV
Leo married Lina and they begot a son. After the bitth of their child, Lina exhibited unusual behavior
and started to neglect her son; she frequently went out with her friends and gambled in casinos. Lina
later had extra-marital affairs with several men and eventually abandoned Leo and their son. Leo was
able to talk to the psychiatrist of Lina who told him that Lina suffers from dementia praecox, a form of
psychosis where the afflicted person is prone to commit homicidal attacks. Leo was once stabbed by
Lina but fortunately he only suffered minor injuries. Will a Petition for Declaration of Nullity of Marriage
filed with the court prosper? Explain. (5%)
Bernard and Dorothy lived together as common-law spouses although they are both capacitated to
marry. After one year of cohabitation, Dorothy went abroad to work in Dubai as a hair stylist and
regularly sent money to Bernard. With the money, Bernard bought a lot. For a good price, Bernard
sold the lot. Dorothy came to know about the acquisition and sale of the lot and filed a suit to nullify
the sale because she did not give her consent to the sale.
[a] Will Dorothy's suit prosper? Decide with reasons. (2.5%)

[b] Suppose Dorothy was jobless and did not contribute money to the acquisition of the lot
and her efforts consisted mainly in the care and maintenance of the family and household, is
her consent to the sale a prerequisite to its validity? Explain. (2.5%)
VI
Pedro bought a parcel of land described as Cadastral Lot No. 123 and the title was issued to his
name. Juan also bought a lot in the same place, which is described as Cadastral Lot No. 124. Pedro
hired a geodetic engineer to determine the actual location of Lot No. 123 but for some reason, the
engineer pointed to Lot No. 124 by mistake. Pedro hired a contractor to construct his house and the
latter put up a sign stating the name of the owner of the project and the construction permit number.
It took more than a year before the house was constructed. When Pedro was already residing in his
house, Juan told him to remove his house because it was built on his (Juan's) lot.
Juan filed a Complaint for Recovery of Possession and prayed that the house be removed because
Pedro is a builder in bad faith. Pedro filed his Answer with Counterclaim that he is entitled to the
payment of the value of the house plus damages because he is a builder in good faith and that Juan
is guilty of estoppel and laches.
[a] If Pedro is a builder in good faith, what are the rights given to Juan under the law? Explain.
(2.5%)
[b] If Pedro is a builder in bad faith, what are the rights given to Juan under the law? Explain.
(2.5%)
VII
Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon River. An
alluvial deposit of two (2) hectares was added to the registered area. Daniel took possession of the
portion formed by accretion and claims that he has been in open, continuous and undisturbed
possession of said portion since 1923 as shown by a tax declaration. In 1958, Benjamin filed a
Complaint for Quieting of Title and contends that the alluvium belongs to him as the riparian owner
and that since the alluvium is, by law, part and parcel of the registered property, the same may be
considered as registered property. Decide the case and explain. (5%)
VIII
Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a title. One day,
a group of armed men forcibly entered their house and, at gun point, forced them to sign a Deed of
Absolute Sale in favor of Romeo. Romeo got the title from them and they were ejected from the house
and threatened not to come back or else they will be killed. The spouses went to Manila and resided
there for more than 35 years. They never went back to Cotabato for fear of their lives. Word came to
them that peace and order have been restored in their former place of residence and they decided to
reclaim their land for the benefit of their grandchildren. Joven and Juliana filed a suit for reconveyance
of their property. This was opposed by the grandson of Romeo to whom the title was eventually
transferred, on the ground of laches and prescription. Decide the case and rule on the defenses of
laches and prescription. Explain your answer. (5%)
IX
Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted in the payment. A case for
collection of a sum of money was filed against him. As a defense, Butch claims that there was already
an arrangement with Hagibis on the payment of the loan. To implement the same, Butch already
surrendered five (5) service utility vehicles (SUVs) to the company for it to sell and the proceeds to
be credited to the loan as payment. Was the obligation of Butch extinguished by reason of dacion en
pago upon the surrender of the SUVs? Decide and explain. (5%)
Jerico, the project owner, entered into a Construction Contract with Ivan for the latter to construct his
house. Jojo executed a Surety undertaking to guarantee the performance of the work by Ivan. Jerico
and Ivan later entered into a Memorandum of Agreement (MOA) revising the work schedule of Ivan
and the subcontractors. The MOA stated that all the stipulations of the original contract not in conflict
with said agreement shall remain valid and legally effective. Jojo filed a suit to declare him relieved
of his undertaking as a result of the MOA because of the change in the work schedule. Jerico claims
there is no novation of the Construction Contract. Decide the case and explain. (5%)
XI
Ellen entrusted her title over the lot where she is residing to Patrick, her nephew, for safekeeping
because of her poor eyesight. Patrick, a gambler, prepared a Special Power of Attorney empowering
him to mortgage the lot. Ellen's signature was forged. With the help of Julia who represented herself
as Ellen, Mega Bank granted a loan to Patrick secured by a mortgage on Ellen's lot. Due to non-
payment, Mega Bank foreclosed the mortgage and was declared the highest bidder. Title was later
registered in the name of the bank. When Ellen was notified that she should vacate the premises,
she filed a complaint to nullify the loan with mortgage, the auction sale and the title of Mega Bank on
the ground that the bank is not a mortgagee in good faith. Decide the case with reasons. (5%)
XII
On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel where the former
sold his titled lot in Quezon City with an area of three hundred (300) square meters to the latter for
the price of P300,000.00. The prevailing market value of the lot was P3,000.00 per square meter. On
March 20, 2008, they executed another "Agreement To Buy Back/Redeem Property" where Ariel was
given an option to repurchase the property on or before March 20, 2010 for the same price. Ariel,
however, remained in actual possession of the lot. Since Noel did not pay the taxes, Ariel paid the
real property taxes to avoid a delinquency sale.
On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a manager's check for P300,000.00
manifesting that he is redeeming the property. Noel rejected the redemption claiming that the DAS
was a true and valid sale representing the true intent of the parties. Ariel filed a suit for the nullification
of the DAS or the reformation of said agreement to that of a Loan with Real Estate Mortgage. He
claims the DAS and the redemption agreement constitute an equitable mortgage. Noel however
claims it is a valid sale with pacto de retro and Ariel clearly failed to redeem the property.
As the RTC judge, decide the case with reasons. (5%)
XIII
Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the amount of P20,000.00
to his daughter, Paula, for the payment of her tuition fee. Paula went to an RPP branch but was
informed that there was no money remitted to her name. Peter inquired from RPP and was informed
that there was a computer glitch and the money was credited to another person. Peter and Paula
sued RPP for actual damages, moral damages and exemplary damages. The trial court ruled that
there was no proof of pecuniary loss to the plaintiffs but awarded moral damages of P20,000.00 and
exemplary damages of P5,000.00. On appeal, RPP questioned the award of moral and exemplary
damages. Is the trial court correct in awarding moral and exemplary damages? Explain. (5%)
XIV
On February 28, 1998, Arthur filed an application for registration of title of a lot in Temate, Cavite
before the Regional Trial Court of Naic, Cavite under Section 48(b) of Commonwealth Act No. 141
(CA 141) for judicial confirmation ofimperfect title. Section 48(b) of CA 141 requires possession
counted from June 12, 1945. Arthur presented testimonial and documentary evidence that his
possession and that of his predecessors-ininterest started in 1936. The lot was declared alienable
and disposable (A and D) in 1993 based on a PENRO certification and a certified true copy of the
original classification made by the DENR Secretary. The government opposed the application on the
ground that the lot was certified A and D only in 1993 while the application was instituted only in 1998.
Arthur's possession of five (5) years from the date of declaration does not comply with the 30-year
period required under CA 141. Should the possession of Arthur be reckoned from the date when the
lot was declared A and D or from the date of actual possession of the applicant? Explain. (5%)
XV
Peter and Paul entered into a Contract to Sell whereby Peter, the lot owner, agreed to sell to Paul his
lot on November 6, 2016 for the price of Pl ,000,000.00 to be paid at the residence of Peter in Makati
City at 1 :00 p.m. If the full price is paid in cash at the specified time and place, then Peter will execute
a Deed of Absolute Sale and deliver the title to Paul.
On November 6, 2016, Paul did not show up and was not heard of from that date on. In view of the
nonperformance by Paul of his obligation, Peter sent a letter to Paul that he is expressly and extra-
judicially declaring the Contract to Sell rescinded and of no legal and binding effect. Peter further
stated that failure on the part of Paul to contest the rescission within thirty (30) days from receipt of
said letter shall mean that the latter agreed to the rescission.
Paul did not reply to this letter for five (5) years. Thus, Peter decided to sell his lot to Henry in 2021.
After hearing that Henry bought the lot, Paul now questions the sale of the lot to Henry and files a
complaint for nullification of the sale.
[a] Is the exercise by Peter of his power to rescind extra-judicially the Contract to Sell the
proper and legal way of rescinding said contract? Explain. (2.5%)
[b] In case Paul made a downpayment pursuant to a stipulation in the Contract to Sell, what
is the legal remedy of Peter? (2.5%)
XVI
Don Ricardo had 2 legitimate children - Tomas and Tristan. Tristan has 3 children. Meanwhile, Tomas
had a relationship with Nancy, who was also single and had the legal capacity to marry. Nancy
became pregnant and gave birth to Tomas, Jr. After the birth of Tomas, Jr., his father, Tomas, died.
Later, Don Ricardo died without a will and Tristan opposed the motion of Tomas, Jr. to be declared
an heir of the deceased since he is an illegitimate child. Tomas, Jr. countered that Article 992 of the
Civil Code is unconstitutional for violation of the equal protection of the laws. He explained that an
illegitimate child of an illegitimate parent is allowed to inherit under Articles 902, 982 and 990 of the
Civil Code while he - an illegitimate child of a legitimate father - cannot. Civil Law commentator Arturo
Tolentino opined that Article 992 created an absurdity and committed an injustice because while the
illegitimate descendant of an illegitimate child can represent, the illegitimate descendant of a
legitimate child cannot. Decide the case and explain. (5%)
XVII
Macario bought a titled lot from Ramon, got the title and took possession of the lot. Since Macario did
not have the money to pay the taxes, fees and registration expenses, he was not able to register the
Deed of Absolute Sale. Upon advice, he merely executed an Affidavit of Adverse Claim and had it
annotated at the back of the title. A few years after, he received a Notice of Levy on Attachment and
Writ of Execution in favor of Alex. The notice, writ and certificate of sale were annotated at the back
of the title still in Ramon's name. Alex contends that since the Affidavit of Adverse Claim is effective
only for 30 days from the date of its registration, then its validity has expired. Macario posits that the
annotation of his adverse claim is notice to the whole world of his purchase of the lot in question.
Who has the superior right over the disputed property - Macario or Alex? Explain. (5%)
XVIII
Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the hospital. The fees
of Dr. Jack are paid directly to him by the patient or through the cashier of the hospital. The hospital
publicly displays in the lobby the names and specializations of the doctors associated or accredited
by it, including that of Dr. Jack. Marta engaged the services of Dr. Jack because of recurring stomach
pain. It was diagnosed that she is suffering from cancer and had to be operated on. Before the
operation, she was asked to sign a "consent for hospital care," which reads:
"Permission is hereby given to the medical, nursing and laboratory staff of the St. Vincent's
Hospital to perform such procedures and to administer such medications and treatments as
may be deemed necessary or advisable by the physicians of this hospital for and during the
confinement."
After the surgery, the attending nurses reported that two (2) sponges were missing. Later, Marta died
due to complications brought about by the sponges that were left in her stomach. The husband of
Marta sued the hospital and Dr. Jack for damages arising from negligence in the medical procedure.
The hospital raised the defense that Dr. Jack is not its employee as it did not hire Dr. Jack nor pay
him any salary or compensation. It has absolutely no control over the medical services and treatment
being provided by Dr. Jack. Dr. Jack even signed an agreement that he holds the hospital free and
harmless from any liability arising from his medical practice in the hospital.
Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your answer. (5%)
XIX
Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros Street,
City of Manila. They paid money to the pastor who took care of all the documentation. When Angelina
wanted to go to the U.S., she found out that there was no marriage license issued to them before
their marriage. Since their marriage was solemnized in 1995 after the effectivity of the Family Code,
Angelina filed a petition for judicial declaration of nullity on the strength of a certification by the Civil
Registrar of Manila that, after a diligent and exhaustive search, the alleged marriage license indicated
in the marriage certificate does not appear in the records and cannot be found.
[a] Decide the case and explain. (2.5%)
[b] In case the marriage was solemnized in 1980 before the effectivity of the Family Code, is
it required that a judicial petition be filed to declare the marriage null and void? Explain. (2.5%)
XX
Princess married Roberto and bore a son, Onofre. Roberto died in a plane crash. Princess later
married Mark and they also had a son - Pepito. Onofre donated to Pepito, his half-brother, a lot in
Makati City worth P3,000,000.00. Pepito succumbed to an illness and died intestate. The lot given to
Pepito by Onofre was inherited by his father, Mark. Mark also died intestate. Lonely, Princess followed
Mark to the life beyond. The claimants to the subject lot emerged - Jojo, the father of Princess; Victor,
the father of Mark; and Jerico, the father of Roberto.
Who among the three (3) ascendants is entitled to the lot? Explain. (5%)
-END-
CIVIL LAW
October 14, 2018 8 A.M. - 12 NN.

INSTRUCTIONS
in five (5) pages; and Part II with ten (10) questions (numbered XI-XX), contained in five (5) pages,
for a total number of ten (10) pages.
completed.
GOOD LUCK!!!
_____________________________________
Chairperson
2009 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).
CIVIL LAW
PART I
a. The doctrine of "processual presumption" allows the court of the forum to presume that the
foreign law applicable to the case is the same as the local or domestic law.
b. In reserva troncal, all reservatarios (reservees) inherit as a class and in equal shares
regardless of their proximity in degree to the prepositus.
c. An oral partnership is valid.
d. An oral promise of guaranty is valid and binding.
e. A dead child can be legitimated.
II
Dr. Lopez, a 70-year old widower, and his son Roberto both died in a fire that gutted their home while
they were sleeping in their air-conditioned rooms. Roberto’s wife, Marilyn, and their two children were
spared because they were in the province at the time. Dr. Lopez left an estate worth P20M and a life
insurance policy in the amount of P1M with his three children --- one of whom is Roberto --- as
beneficiaries.
Marilyn is now claiming for herself and her children her husband’s share in the estate left by Dr.
Lopez, and her husband’s share in the proceeds of Dr. Lopez’s life insurance policy. Rule on the
validity of Marilyn’s claims with reasons. (4%)
III
In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of
the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the Mayor’s secretary
asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms.
The secretary then told them to wait, and went out to look for the Mayor who was attending a wedding
in a neighboring municipality.
When the secretary caught up with the Mayor at the wedding reception, she showed him the marriage
contract forms and told him that the couple and their witnesses were waiting in his office. The Mayor
forthwith signed all the copies of the marriage contract, gave them to the secretary who returned to
the Mayor’s office. She then gave copies of the marriage contract to the parties, and told Michael and
Anna that they were already married. Thereafter, the couple lived together as husband and wife, and
had three sons.
a. Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer. (3%)
b. What is the status of the three children of Michael and Anna? Explain your answer. (2%)
c. What property regime governs the properties acquired by the couple? Explain. (2%)
IV
Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in
love with Joseph. Thus, Wilma went to a small country in Europe, became a naturalized citizen of
that country, divorced Harry, and married Joseph. A year thereafter, Wilma and Joseph returned and
established permanent residence in the Philippines.
a. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your
answer. (3%)
b. If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why?
(2%)
c. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry
her because, after all, Wilma is already married to Joseph. Can Harry legally marry Elizabeth?
Explain. (2%)
Four children, namely: Alberto, Baldomero, Caridad, and Dioscoro, were born to the spouses
Conrado and Clarita de la Costa. The children’s birth certificates were duly signed by Conrado,
showing them to be the couple’s legitimate children.
Later, one Edilberto de la Cruz executed a notarial document acknowledging Alberto and Baldomero
as his illegitimate children >with Clarita. Edilberto died leaving substantial properties. In the
settlement of his estate, Alberto and Baldomero intervened claiming shares as the deceased’s
illegitimate children. The legitimate family of Edilberto opposed the claim.
Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. (4%)
VI
On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave nothing to
his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New York
medical licensure examinations, resided therein, and became a naturalized American citizen. He died
in New York in 2007. The laws of New York do not recognize holographic wills or compulsory heirs.
a. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why
not? (3%)
b. Assuming that the will is probated in the Philippines, can Jay validly insist that he be given
his legitime? Why or why not? (3%)
VII
Ramon Mayaman died intestate, leaving a net estate of P10,000,000.00. Determine how much each
heir will receive from the estate:
a. If Ramon is survived by his wife, three full-blood brothers, two half-brothers, and one nephew
(the son of a deceased full-blood brother)? Explain. (3%)
b. If Ramon is survived by his wife, a half-sister, and three nephews (sons of a deceased full-
blood brother)? Explain. (3%)
VIII
Jude owned a building which he had leased to several tenants. Without informing his tenants, Jude
sold the building to Ildefonso. Thereafter, the latter notified all the tenants that he is the new owner of
the building. Ildefonso ordered the tenants to vacate the premises within thirty (30) days from notice
because he had other plans for the building. The tenants refused to vacate, insisting that they will
only do so when the term of their lease shall have expired. Is Ildefonso bound to respect the lease
contracts between Jude and his tenants? Explain your answer. (3%)
IX
Before migrating to Canada in 1992, the spouses Teodoro and Anita entrusted all their legal papers
and documents to their nephew, Atty. Tan. Taking advantage of the situation, Atty. Tan forged a deed
of sale, making it appear that he had bought the couple’s property in Quezon City. In 2000, he
succeeded in obtaining a TCT over the property in his name. Subsequently, Atty. Tan sold the same
property to Luis, who built an auto repair shop on the property. In 2004, Luis registered the deed of
conveyance, and title over the property was transferred in his name.
In 2006, the spouses Teodoro and Anita came to the Philippines for a visit and discovered what had
happened to their property. They immediately hire you as lawyer. What action or actions will you
institute in order to vindicate their rights? Explain fully. (4%)
Rommel’s private car, while being driven by the regular family driver, Amado, hits a pedestrian
causing the latter’s death. Rommel is not in the car when the incident happened.
a. Is Rommel liable for damages to the heirs of the deceased? Explain. (2%)
b. Would your answer be the same if Rommel was in the car at the time of the accident? Explain.
(2%)
PART II
XI
a. A clause in an arbitration contract granting one of the parties the power to choose more
arbitrators than the other renders the arbitration contract void.
b. If there is no marriage settlement, the salary of a "spouse" in an adulterous marriage belongs
to the conjugal partnership of gains.
c. Acquisitive prescription of a negative easement runs from the time the owner of the dominant
estate forbids, in a notarized document, the owner of the servient estate from executing an
act which would be lawful without the easement.
d. The renunciation by a co-owner of his undivided share in the co-owned property in lieu of the
performance of his obligation to contribute to taxes and expenses for the preservation of the
property constitutes dacion en pago.
e. A person can dispose of his corpse through an act intervivos.
XII
Emmanuel and Margarita, American citizens and employees of the U.S. State Department, got
married in the African state of Kenya where sterility is a ground for annulment of marriage. Thereafter,
the spouses were assigned to the U.S. Embassy in Manila. On the first year of the spouses’ tour of
duty in the Philippines, Margarita filed an annulment case against Emmanuel before a Philippine court
on the ground of her husband’s sterility at the time of the celebration of the marriage.
a. Will the suit prosper? Explain your answer. (3%)

b. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they come
back and take up residence in the Philippines. Can their marriage be annulled on the ground
of Emmanuel’s sterility? Explain. (3%)
XIII
Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old foundling who had
a severe heart ailment. During the pendency of the adoption proceedings, Rafael died of natural
causes. The Office of the Solicitor General files a motion to dismiss the petition on the ground that
the case can no longer proceed because of the petitioner’s death.
a. Should the case be dismissed? Explain. (2%)

b. Will your answer be the same if it was Dolly who died during the pendency of the adoption
proceedings? Explain. (2%)
XIV
Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old girl, and
begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and other medical
expenses in delivering the child by caesarean section; moral, claiming that Rodolfo promised to marry
her, representing that he was single when, in fact, he was not; and exemplary, to teach a lesson to
like-minded Lotharios.
a. If you were the judge, would you award all the claims of Nanette? Explain. (3%)
b. Suppose Rodolfo later on acknowledges Rona and gives her regular support, can he compel
her to use his surname? Why or why not? (2%)
c. When Rona reaches seven (7) years old, she tells Rodolfo that she prefers to live with him,
because he is better off financially than Nanette. If Rodolfo files an action for the custody of
Rona, alleging that he is Rona’s choice as custodial parent, will the court grant Rodolfo’s
petition? Why or why not? (2%)
XV
Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five million
pesos (P5,000,000.00). To buy a new car, she obtained a loan from the same bank in the amount of
P1,200,000.00, payable in twelve monthly installments. Sarah issued in favor of the bank post-dated
checks, each in the amount of P100,000.00, to cover the twelve monthly installment payments. On
the third, fourth and fifth months, the corresponding checks bounced.
The bank then declared the whole obligation due, and proceeded to deduct the amount of one million
pesos (P1,000,000.00) from Sarah’s deposit after notice to her that this is a form of compensation
allowed by law. Is the bank correct? Explain. (4%)
XVI
Marciano is the owner of a parcel of land through which a river runs out into the sea. The land had
been brought under the Torrens System, and is cultivated by Ulpiano and his family as farmworkers
therein. Over the years, the river has brought silt and sediment from its sources up in the mountains
and forests so that gradually the land owned by Marciano increased in area by three hectares. Ulpiano
built three huts on this additional area, where he and his two married children live. On this same area,
Ulpiano and his family planted peanuts, monggo beans and vegetables. Ulpiano also regularly paid
taxes on the land, as shown by tax declarations, for over thirty years.
When Marciano learned of the increase in the size of the land, he ordered Ulpiano to demolish the
huts, and demanded that he be paid his share in the proceeds of the harvest. Marciano claims that
under the Civil Code, the alluvium belongs to him as a registered riparian owner to whose land the
accretion attaches, and that his right is enforceable against the whole world.
a. Is Marciano correct? Explain. (3%)

b. What rights, if any, does Ulpiano have against Marciano? Explain. (3%)
XVII
Rosario obtained a loan of P100,000.00 from Jennifer, and pledged her diamond ring. The contract
signed by the parties stipulated that if Rosario is unable to redeem the ring on due date, she will
execute a document in favor of Jennifer providing that the ring shall automatically be considered full
payment of the loan.
a. Is the contract valid? Explain. (3%)

b. Will your answer to [a] be the same if the contract stipulates that upon failure of Rosario to
redeem the ring on due date, Jennifer may immediately sell the ring and appropriate the entire
proceeds thereof for herself as full payment of the loan? Reasons. (3%)
XVIII
The Ifugao Arms is a condominium project in Baguio City. A strong earthquake occurred which left
huge cracks in the outer walls of the building. As a result, a number of condominium units were
rendered unfit for use. May Edwin, owner of one of the condominium units affected, legally sue for
partition by sale of the whole project? Explain. (4%)
XIX
In 1972, Luciano de la Cruz sold to Chua Chung Chun, a Chinese citizen, a parcel of land in Binondo.
Chua died in 1990, leaving behind his wife and three children, one of whom, Julian, is a naturalized
Filipino citizen. Six years after Chua’s death, the heirs executed an extrajudicial settlement of estate,
and the parcel of land was allocated to Julian. In 2007, Luciano filed suit to recover the land he sold
to Chua, alleging that the sale was void because it contravened the Constitution which prohibits the
sale of private lands to aliens. Julian moved to dismiss the suit on grounds of pari delicto, laches and
acquisitive prescription. Decide the case with reasons. (4%)
XX
a. If Ligaya, a Filipino citizen residing in the United States, files a petition for change of name
before the District Court of New York, what law shall apply? Explain. (2%)
b. If Henry, an American citizen residing in the Philippines, files a petition for change of name
before a Philippine court, what law shall apply? Explain. (2%)
-NOTHING FOLLOWS-
CIVIL LAW
October 21, 2018 8:00 A.M.- 12:00 N.N.

INSTRUCTIONS
1. This Questionnaire contains FOURTEEN (14) 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
There are THIRTY (30) Essay and Multiple Choice Questions (MCQs) to be answered within four (4)
hours.
The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.
or subquestion. In your answers, use the numbering system in the questionnaire.
the given facts, and to reason logically in a lawyerlike manner to a sound conclusion from the given
premises.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D corresponding
to your chosen answer. There is only one correct answer to every MCQ; choose the BEST answer
from among the offered choices. Note that some MCQs may need careful analysis both of the
questions and the choices offered.
NOTEBOOK
Chairman
I.
Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each other
and had a civil and church wedding. Meanwhile, Paz rapidly climbed the corporate ladder of PSB and
eventually became its Vice President, while Ariz remained one of its bank supervisors, although he
was short of 12 units to finish his Masters of Business Administration (MBA) degree.
Ariz became envious of the success of his wife. He started to drink alcohol until he became a
drunkard. He preferred to join his "barkadas"; became a wifebeater; would hurt his children without
any reason; and failed to contribute to the needs of the family. Despite rehabilitation and consultation
with a psychiatrist, his ways did not change.
After 19 years of marriage, Paz, a devout Catholic, decided to have their marriage annulled by the
church. Through the testimony of Paz and a psychiatrist, it was found that Ariz was a spoiled brat in
his youth and was sometimes involved in brawls. In his teens, he was once referred to a psychiatrist
for t reatment due to his violent tendencies. In due time, the National Appellate Matrimonial Tribunal
(NAMT) annulled the union of Ariz and Paz due to the failure of Ariz to perform and fulfill his duties
as a husband and as a father to their children. The NAMT concluded that it is for the best interest of
Paz, Ariz and their children to have the marriage annulled.
In view of the NAMT decision, Paz decided to file a Petition for Declaration of Nullity of Marriage of
their civil wedding before the Regional Trial Court (RTC) of Makati City using the NAMT decision and
the same evidence adduced in the church annulment proceedings as basis.
If you are the judge, will you grant the petition? Explain. (5%)
II.
Crispin died testate and was survived by Alex and Josine, his children from his first wife; Rene and
Ruby, his children from his second wife; and Allan, Bea, and Cheska, his children from his third wife.
One important provision in his will reads as follows:
"Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at ilalagay sa pangalan nila Alex at Rene hindi
bilang pamana ko sa kanila kundi upang pamahalaan at pangalagaan lamang nila at nang ang
sinuman sa aking mga anak, sampu ng aking mga apo at kaapuapuhan ko sa habang panahon, ay
may tutuluyan kung magnanais na mag-aral sa Maynila o sa kalapit na mga lungsod."
Is the provision valid? (4%)
III.
The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of
donation was executed, signed by the donor, Don Mariano, and the donee, the Church, as
represented by Fr. Damian. Before the deed could be notarized, Don Mariano died. Is the donation
valid? (4%)
IV.
Nante, a registered owner of a parcel of land in Quezon City, sold the property to Monica under a
deed of sale which reads as follows:
"That for and in consideration of the sum of P500,000.00, value to be paid and delivered to me, and
receipt of which shall be acknowledged by me to the full satisfaction of Monica, referred to as Vendee,
I hereby sell, transfer, cede, convey, and assign, as by these presents, I do have sold, transferred,
ceded, conveyed and assigned a parcel of land covered by TCT No. 2468 in favor of the Vendee."
After delivery of the initial payment of P100,000.00, Monica immediately took possession of the
property. Five (5) months after, Monica failed to pay the remaining balance of the purchase price.
Nante filed an action for the recovery of possession of the property. Nante alleged that the agreement
was one to sell,which was not consummated as the full contract price was not paid. Is the contention
of Nante tenable? Why? (4%)
V.
What is the effect of preterition ? (1%)
(A) It annuls the devise and legacy
(B) It annuls the institution of heir
(C) It reduces the devise and legacy
(D) It partially annuls the institution of heir
VI.
Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984.
Ten (10) years after, they separated. In 1996, they decided to live together again, and in 1998, they
got married.
On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with Miko on
the ground of psychological incapacity under Article 36 of the Family Code. The court rendered the
following decision:
"1. Declaring the marriage null and void;
2. Dissolving the regime of absolute community of property; and
3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation, partition
and distribution of the parties’ properties under Article 147 of the Family Code."
Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance
of a decree of nullity of marriage only after the liquidation, partition and distribution of properties under
Article 147 of the Code.
If you are the judge, how will you decide petitioner’s motion for partial reconsideration? Why? (4%)
VII.
Due to the continuous heavy rainfall, the major streets in Manila became flooded. This compelled
Cris to check-in at Square One Hotel. As soon as Crisgot off from his Toyota Altis, the Hotel’s parking
attendant got the key of his car and gave him a valet parking customer’s claim stub. The attendant
parked his car at the basement of the hotel. Early in the morning, Cris was informed by the hotel
manager that his car was carnapped. (4%)
(A) What contract, if any, was perfected between Cris and the Hotel when Cris surrendered
the key of his car to the Hotel’s parking attendant?
(B) What is the liability, if any, of the Hotel for the loss of Cris’ car?
VIII.
Tess leased her 1,500 sq. m. lot in Antipolo City to Ruth for a period of three (3) years, from January
2010 to February 2013.
On March 19, 2011, Tess sent a letter to Ruth, part of which reads as follows:
"I am offering you to buy the property you are presently leasing at P5,000.00 per sq. m. or for a total
of P7,500,000.00. You can pay the contract price by installment for two (2) years without interest.
I will give you a period of one (1) year from receipt of this letter to decide whether you will buy the
property."
After the expiration of the lease contract, Tess sold the property to her niece for a total consideration
of P4 million.
Ruth filed a complaint for the annulment of the sale, reconveyance and damages against Tess and
her niece. Ruth alleged that the sale of the leased property violated her right to buy under the principle
of right of first refusal.
Is the allegation of Ruth tenable? (4%)
IX.
Spouses Macario and Bonifacia Dakila entered into a contract to sell with Honorio Cruz over a parcel
of industrial land in Valenzuela, Bulacan for a price of Three Million Five Hundred Thousand Pesos
(P3,500,000.00). The spouses would give a downpayment of Five Hundred Thousand Pesos
(P500,000.00) upon the signing of the contract, while the balance would be paid for the next three (3)
consecutive months in the amount of One Million Pesos (P1,000,000.00) per month. The spouses
paid the first two (2) installments but not the last installment. After one (1) year, the spouses offered
to pay the unpaid balance which Honorio refused to accept.
The spouses filed a complaint for specific performance against Honorio invoking the application of
the Maceda Law. If you are the judge, how will you decide the case? (4%)
X.
Dorotea leased portions of her 2,000 sq. m. lot to Monet, Kathy, Celia, and Ruth for five (5) years.
Two (2) years before the expiration of the lease contract, Dorotea sold the property to PM Realty and
Development Corporation. The following month, Dorotea and PM Realty stopped accepting rental
payments from all the lessees because they wanted to terminate the lease contracts.
Due to the refusal of Dorotea to accept rental payments, the lessees , Ruth, et al., filed a complaint
for consignation of the rentals before the Regional Trial Court (RTC) of Manila without notifying
Dorotea.
Is the consignation valid? (4%)
XI.
An easement that can be acquired by prescription: (1%)
(A) Right of way
(B) Watering of an animal
(C) Lateral and subjacent support
(D) Light and view
XII.
J.C. Construction (J.C.) bought steel bars from Matibay Steel Industries (MSI) which is owned by
Buddy Batungbacal. J.C. failed to pay the purchased materials worth P500,000.00 on due date. J.C.
persuaded its client Amoroso with whom it had receivables to pay its obligation to MSI. Amoroso
agreed and paid MSI the amount of P50,000.00. After two (2) other payments, Amoroso stopped
making further payments.
Buddy filed a complaint for collection of the balance of the obligation and damages against J.C. J.C.
denied any liability claiming that its obligation was extinguished by reason of novation which took
place when MSI accepted partial payments from Amoroso on its behalf.
Was the obligation of J.C. Construction to MSI extinguished by novation? Why? (4%)
XIII.
Esteban and Martha had four (4) children: Rolando, Jun, Mark, and Hector. Rolando had a daughter,
Edith, while Mark had a son, Philip. After the death of Esteban and Martha, their three (3) parcels of
land were adjudicated to Jun. After the death of Jun, the properties passed to his surviving spouse
Anita, and son Cesar. When Anita died, her share went to her son Cesar. Ten (10) years after, Cesar
died intestate without any issue. Peachy, Anita’s sister, adjudicated to herself the properties as the
only surviving heir of Anita and Cesar. Edith and Philip would like to recover the properties claiming
that they should have been reserved by Peachy in their behalf and must now revert back to them.
Is the contention of Edith and Philip valid? (4%)
XIV.
A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the street.
Although the pedestrian survived, the fetus inside her womb was aborted. Can the pedestrian recover
damages on account of the death of the fetus? (1%)
(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand
damages for mental anguish by reason of the death of the deceased.
(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver
was the one negligent.
(C) No, because a fetus is not a natural person.
(D) No, if the fetus did not comply with the requirements under Article 41 of the Civil Code.
XV.
Mr. Bong owns several properties in Pasig City. He decided to build a condominium named Flores
de Manila in one of his lots. To fund the project, he obtained a loan from the National Bank (NB)
secured by a real estate mortgage over the adjoining property which he also owned.
During construction, he built three (3) pumps on the mortgaged property to supply water to the
condominium. After one (1) year, the project was completed and the condominium was turned over
to the buyers. However, Mr. Bong failed to pay his loan obligation to NB. Thus, NB foreclosed the
mortgaged property where the pumps were installed. During the sale on public auction of the
mortgaged property, Mr. Simon won in the bidding. When Mr. Simon attempted to take possession
of the property, the condominium owners, who in the meantime constituted themselves into Flores
de Manila Inc. (FMI), claimed that they have earlier filed a case for the declaration of the existence of
an easement before the Regional Trial Court (RTC) of Pasig City and prayed that the easement be
annotated in the title of the property foreclosed by NB. FMI further claimed that when Mr. Bong
installed the pumps in his adjoining property, a voluntary easement was constituted in favor of FMI.
Will the action prosper? (4%)
XVI.
A congregation for religious women, by way of commodatum, is using the real property owned and
registered in the name of Spouses Manuel as a retreat house.
Maria, a helper of the congregation discovered a chest in the backyard. When she opened the chest,
it contained several pieces of jewelry and money. (4%)
(A) Can the chest containing the pieces of jewelry and money be considered as hidden
treasure?
(B) Who has the right to claim ownership of it?
XVII.
On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children,
Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built his
residential house.
After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter, Leonora
and Danilo advised Carlito of their intention to partition the property. Carlito opposed invoking Article
159 of the Family Code. Carlito alleged that since his minor child Lucas still resides in the premises,
the family home continues until that minor beneficiary becomes of age.
Is the contention of Carlito tenable? (4%)
XVIII.
Spouses Magtanggol managed and operated a gasoline station on a 1,000 sq.m. lot which they
leased from Francisco Bigla-awa. The contract was for a period of three (3) years. When the contract
expired, Francisco asked the spouses to peacefully vacate the premises. The spouses ignored the
demand and continued with the operation of the gasoline station.
One month after, Francisco, with the aid of a group of armed men, caused the closure of the gasoline
station by constructing fences around it.
Was the act of Francisco and his men lawful? Why? (4%)
XIX.
Who enjoys the Right of Retention? (1%)
(A) Depositary until full payment of what may be due him in deposit.
(B) Lessee if he advances the expenses for the repair of the leased premises.
(C) Bailee if bailor owes him something.
(D) Builder in bad faith for the recovery of necessary and useful expenses.
XX.
Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago, Manila
Zoo, and Star City. To be able to join, the parents of the students had to sign a piece of paper that
reads as follows:
"I allow my child (name of student), Grade – Section, to join the school’s field trip on February 14,
2014.
I will not file any claim against the school, administrator or teacher in case something happens to my
child during the trip."
Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the group was
touring Manila Zoo. The parents of Joey sued the school for damages. The school, as a defense,
presented the waiver signed by Joey’s parents.
Was there a valid waiver of right to sue the school? Why? (4%)
XXI.
A delayed accession is: (1%)
(A) formation of an island
(B) avulsion
(C) alluvium
(D) change in the course of the riverbed
XXII.
On March 27, 1980, Cornelio filed an application for land registration involving a parcel of agricultural
land that he had bought from Isaac identified as Lot No. 2716 with an area of one (1) hectare. During
the trial, Cornelio claimed that he and his predecessors-in-interest had been in open, continuous,
uninterrupted, public and adverse possession and occupation of the land for more than thirty (30)
years. He likewise introduced in evidence a certification dated February 12, 1981 citing a presidential
declaration to the effect that on June 14, 1980, agricultural lands of the public domain, including the
subject matter of the application, were declared alienable and disposable agricultural land. (4%)
(A) If you are the judge, will you grant the application for land registration of Cornelio?
(B) Can Cornelio acquire said agricultural land through acquisitive prescription, whether
ordinary or extraordinary?
XXIII.
After undergoing sex reassignment in a foreign country, Jose, who is now using the name of "Josie,"
married his partner Ador. Is the marriage valid? (1%)
(A) Yes, the marriage is valid for as long as it is valid in the place where it is celebrated
following Article 17 of the Civil Code.
(B) Yes, the marriage is valid if all the essential and formal elements of marriage under the
Family Code are present.
(C) No, the marriage is not valid because one essential element of marriage is absent.
(D) No, the marriage is not valid but is voidable because "Josie" concealed her real identity.
XXIV.
Ted, married to Annie, went to Canada to work. Five (5) years later, Ted became a naturalized
Canadian citizen. He returned to the Philippines to convince Annie to settle in Canada. Unfortunately,
Ted discovered that Annie and his friend Louie were having an affair. Deeply hurt, Ted returned to
Canada and filed a petition for divorce which was granted. In December 2013, Ted decided to marry
his childhood friend Corazon in the Philippines. In preparation for the wedding, Ted went to the Local
Civil Registry of Quezon City where his marriage contract with Annie was registered. He asked the
Civil Register to annotate the decree of divorce on his marriage contract with Annie. However, he
was advised by the National Statistics Office (NSO) to file a petition for judicial recognition of the
decree of divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he obtained in
Canada before he can contract a second marriage in the Philippines? (4%)
XXV.
Mario executed his last will and testament where he acknowledges the child being conceived by his
live-in partner Josie as his own child; and that his house and lot in Baguio City be given to his unborn
conceived child. Are the acknowledgment and the donation mortis causa valid? Why? (4%)
XXVI.
Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a
portion of the apartment due to financial difficulty. Is the sublease contract valid? (1%)
(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.
(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.
(C) No, it is void if there is no written consent on the part of the lessor.
(D) No, it is void because of breach of the lease contract.
XXVII.
Fe, Esperanza, and Caridad inherited from their parents a 500 sq. m. lot which they leased to Maria
for three (3) years. One year after, Fe, claiming to have the authority to represent her siblings
Esperanza and Caridad, offered to sell the leased property to Maria which the latter accepted. The
sale was not reduced into writing, but Maria started to make partial payments to Fe, which the latter
received and acknowledged. After giving the full payment, Maria demanded for the execution of a
deed of absolute sale which Esperanza and Caridad refused to do. Worst, Maria learned that the
siblings sold the same property to Manuel. This compelled Maria to file a complaint for the annulment
of the sale with specific performance and damages.
If you are the judge, how will you decide the case? (4%)
XXVIII.
Spouses Esteban and Maria decided to raise their two (2) nieces, Faith and Hope, both minors, as
their own children after the parents of the minors died in a vehicular accident.
Ten (10) years after, Esteban died. Maria later on married her boss Daniel, a British national who had
been living in the Philippines for two (2) years.
With the permission of Daniel, Maria filed a petition for the adoption of Faith and Hope. She did not
include Daniel as her co-petitioner because for Maria, it was her former husband Esteban who raised
the kids.
If you are the judge, how will you resolve the petition? (4%)
XXIX.
Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business venture
covering three (3) fastfood stores known as "Hungry Toppings" that will be established at Mall Uno,
Mall Dos, and Mall Tres.
The pertinent provisions of the MOA provides:
1. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to
be set up by Kristopher;
2. The proceeds of the business, after deducting expenses, shall be used to pay the principal
amount of P500,000.00 and the interest therein which is to be computed based on the bank
rate, representing the bank loan secured by Timothy;
3. The net profits, if any, after deducting the expenses and payments of the principal and
interest shall be divided as follows: seventy percent (70%) for Kristopher and thirty percent
(30%) for Timothy;
4. Kristopher shall have a free hand in running the business without any interference from
Timothy, his agents, representatives, or assigns , and should such interference happen,
Kristopher has the right to buy back the share of Timothy less the amounts already paid on
the principal and to dissolve the MOA; and
5. Kristopher shall submit his monthly sales report in connection with the business to Timothy.
What is the contractual relationship between Timothy and Kristopher? (4%)

XXX.
Joe Miguel, a well-known treasure hunter in Mindanao, executed a Special Power of Attorney (SPA)
appointing his nephew, John Paul, as his attorney-infact. John Paul was given the power to deal with
treasure-hunting activities on Joe Miguel’s land and to file charges against those who may enter it
without the latter’s authority. Joe Miguel agreed to give John Paul forty percent (40%) of the treasure
that may be found on the land.
Thereafter, John Paul filed a case for damages and injunction against Lilo for illegally entering Joe
Miguel’s land. Subsequently, he hired the legal services of Atty. Audrey agreeing to give the latter
thirty percent (30%) of Joe Miguel’s share in whatever treasure that may be found in the land.
Dissatified however with the strategies implemented by John Paul, Joe Miguel unilaterally revoked
the SPA granted to John Paul.
Is the revocation proper? (4%)

LEGAL ETHICS
October 21, 2018 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
There are 24 items (I to XXIV) to be answered within/our (4) hours.
given premises.
NOTEBOOK

Chairperson
I. Define the following terms:
a. counsel de oficio
b. counsel de parte
c. amicus curiae
d. attorney of record (4%)
II. In open court, accused Marla manifested that she had already settled in full the civil aspect
of the criminal case filed against her in the total amount of P58,000.00. Marla further alleged
that she paid directly to private complainant Jasmine the amount of P25,000.00. The balance
of P33,000.00 was delivered to Atty. Jeremiah, Jasmine's lawyer, evidenced by a receipt
signed by Atty. Jeremiah himself.
However, Jasmine manifested that she did not receive the amount of P33,000.00 which Marla
turned over to Atty. Jeremiah. Despite Jasmine's requests to turn over the money, Atty.
Jeremiah failed to do so. It was only after Jasmine already filed an administrative complaint
against Atty. Jeremiah that the latter finally paid the P33,000.00 to the former, but in three
installment payments of Pl1,000.00 each. Atty. Jeremiah claimed that he decided to hold on
to the P33,000.00 at first because Jasmine had not yet paid his attorney's fees.
Is Atty. Jeremiah administratively liable? Explain. (3%)
III. Maria and Atty. Evangeline met each other and became good friends at zumba class. One
day, Maria approached Atty. Evangeline for legal advice. It turned out that Maria, a nurse,
previously worked in the Middle East. So she could more easily leave for work abroad, she
declared in all her documents that she was still single. However, Maria was already married
with two children. Maria again had plans to apply for work abroad but this time, wished to
have all her papers in order. Atty. Evangeline, claiming that she was already overloaded with
other cases, referred Maria's case to another lawyer. Maria found it appalling that after Atty.
Evangeline had learned of her secrets, the latter refused to handle her case.
Maria's friendship with Atty. Evangeline permanently turned sour after Maria filed an
administrative case against the latter for failing to return borrowed jewelry. Atty. Evangeline,
on the other hand, threatened to charge Maria with a criminal case for falsification of public
documents, based on the disclosures Maria had earlier made to Atty. Evangeline.
a. Was the consultation of Maria with Atty. Evangeline considered privileged? (1%)
b. What are the factors to establish the existence of attorney-client privilege? (3%)
IV. The Lawyer's Oath is a source of obligation and its violation is a ground for suspension,
disbarment, or other disciplinary action. State in substance the Lawyer's Oath. (3%)
V. Judge Ana P. Sevillano had an issue with the billings for the post-paid cellular phone services
of her 16-year-old daughter for the last three consecutive months. Although Judge Sevillano
had been repeatedly calling the Customer Service Hotline of Universal Telecoms, the billings
issue was never fully settled to Judge Sevillano's satisfaction. Finally, Judge Sevillano wrote
the National Telecommunications Commission a letter of complaint against Universal
Telecoms, using her official court stationery and signing the letter as "Judge Ana P.
Sevillano." Did Judge Sevillano violate any professional or ethical standard for judges? Justify
your answer. (3%)
VI. Casper Solis graduated with a Bachelor of Laws degree from Achieve University in 2000 and
took and passed the bar examinations given that same year. Casper passed the bar
examinations and took the Attorney's Oath together with other successful bar examinees on
March 19, 2001 at the Philippine International Convention Center (PICC). He was scheduled
to sign the Roll of Attorneys on May 24, 2001 but he misplaced the Notice to Sign the Roll of
Attorneys sent by the Office of the Bar Confidant after he went home to the province for a
vacation. Since taking his oath in 2001, Casper had been employed by several law firms and
private corporations, mainly doing corporate and taxation work. When attending a seminar as
part of his Mandatory Continuing Legal Education in 2003, Casper was unable to provide his
roll number. Seven years later in 2010, Casper filed a Petition praying that he be allowed to
sign the Roll of Attorneys. Casper alleged good faith, initially believing that he had already
signed the Roll before entering PICC for his oath-taking on March 19, 2001.
a. Can Casper already be considered a member of the Bar and be allowed to use the
title of "attorney"? Explain. (1%)
b. Did Casper commit any professional or ethical transgression for which he could be
held administratively liable? (2%)
c. Will you grant Casper's Petition to belatedly sign the Roll of Attorneys? Why? (2%)
VII. Cite some of the characteristics of the legal profession which distinguish it from business.
(4%)
VIII. Engr. Gilbert referred his friends, spouses Richard and Cindy Maylupa, to Atty. Jane for the
institution of an action for partition of the estate of Richard's deceased father. In a letter, Atty.
Jane promised to give Engr. Gilbert a commission equivalent to 15% of the attorney's fees
she would receive from the spouses Maylupa. Atty. Jane, however, failed to pay Engr. Gilbert
the promised commission despite already terminating the action for partition and receiving
attorney's fees amounting to about P600,000.00. Engr. Gilbert repeatedly demanded
payment of his commission but Atty. Jane ignored him. May Atty. Jane professionally or
ethically promise a commission to Engr. Gilbert? Explain. (3%)
IX. a. Explain the doctrine of quantum meruit in determining the amount of attorney's fees. (2%)
b. Identify the factors to be considered in determining attorney's fees on a quantum

meruit basis. (2%)
X. The spouses Manuel were the registered owners of a parcel of land measuring about 200,000
square meters. On May 4, 2008, the spouses Manuel sold the land for P3,500,000.00 to the
spouses Rivera who were issued a certificate of title for said land in their names. Because
the spouses Rivera failed to pay the balance of the purchase price for the land, the spouses
Manuel, through Atty. Enriquez, instituted an action on March 18, 2010 before the Regional
Trial Court (RTC) for sum of money and/or annulment of sale, docketed as Civil Case No.
1111. The complaint in Civil Case No. 1111 specifically alleged that Atty. Enriquez would be
paid P200,000.00 as attorney's fees on a contingency basis. The RTC subsequently
promulgated its decision upholding the sale of the land to the spouses Rivera. Atty. Enriquez
timely filed an appeal on behalf of the spouses Manuel before the Court of Appeals. The
appellate court found for the spouses Manuel, declared the sale of the land to the spouses
Rivera null and void, and ordered the cancellation of the spouses Rivera's certificate of title
for the land. The Supreme Court dismissed the spouses Rivera's appeal for lack of merit.
With the finality of judgment in Civil Case No. 1111 on October 20, 2014, Atty. Enriquez filed
a motion for the issuance of a writ of execution.
Meanwhile, the spouses Rivera filed on November 10, 2014 before the RTC a case for
quieting of title against the spouses Manuel, docketed as Civil Case No. 2222. The spouses
Manuel, again through Atty. Enriquez, filed a motion to dismiss Civil Case No. 2222 on the
ground of res judicata given the final judgment in Civil Case No. 1111.
Pending the resolution of the motion to dismiss in Civil Case No. 2222, the RTC granted on
February 9, 2015 the motion for issuance of a writ of execution in Civil Case No. 1111 and
placed the spouses Manuel in possession of the land. Atty. Enriquez, based on a purported
oral agreement with the spouses Manuel, laid claim to Y2 of the land, measuring 100,000.00
square meters with market value of Pl,750,000.00, as his attorney's fees. Atty. Enriquez
caused the subdivision of the land in two equal portions and entered into the half he
appropriated for himself.
Based on the professional and ethical standards for lawyers, may Atty. Enriquez claim Yi of
the land as his contingency fee? Why? (4%)
XI. Atty. Belinda appeared as counsel for accused Popoy in a case being heard before Judge
Tadhana. After Popoy was arraigned, Atty. Belinda moved for a resetting of the pre-trial
conference. This visibly irked Judge Tadhana and so before Atty. Belinda could finish her
statement, Judge Tadhana cut her off by saying that if she was not prepared to handle the
case, then he could easily assign a counsel de oficio for Popoy. Judge Tadhana also uttered
that Atty. Belinda was wasting the precious time of the court. Atty. Belinda tried to explain that
she was capable of handling the case but before she could finish her explanation, Judge
Tadhana again cut her off and accused her of always making excuses for her incompetence.
Judge Tadhana even declared that he did not care if Atty. Belinda filed a thousand
administrative cases against him.
According to Atty. Belinda, Judge Tadhana had also humiliated her like that in the past for
the flimsiest of reasons. Even Atty. Belinda's clients were not spared from Judge Tadhana's
wrath as he often scolded witnesses who failed to respond immediately to questions asked
of them on the witness stand.
Atty. Belinda filed an administrative case against Judge Tadhana. Do the acts of Judge
Tadhana as described above constitute a violation of the Code of Judicial Conduct? Explain.
(3%)
XII. a. What is the best form of advertising possible for a lawyer? (2%)
b. What are the allowable or permissible forms of advertising by a lawyer? (3%)

XIII. In a land registration case before Judge Lucio, the petitioner is represented by the second
cousin of Judge Lucio's wife.
a. Differentiate between compulsory and voluntary disqualification and determine if

Judge Lucio should disqualify himself under either circumstance. (3%)
b. If none of the parties move for his disqualification, may Judge Lucio proceed with
the case? (2%)
XIV. Identify and briefly explain three of the canons under the New Code of Judicial Conduct for
the Philippine Judiciary. (6%)
XV. Jon served as Chief Executive Officer (CEO) of PBB Cars, Inc. (PBB), a family-owned
corporation engaged in the buying and selling of second hand cars. Atty. Teresa renders legal
services to PBB on a retainer basis.
In 2010, Jon engaged Atty. Teresa's services for a personal case. Atty. Teresa represented
Jon in a BP Big. 22 case filed against him by the spouses Yuki. Jon paid a separate legal fee
for Atty. Teresa's services.
Jon subsequently resigned as CEO of PBB in 2011. In 2012, Atty. Teresa filed on behalf of
PBB a complaint for replevin and damages against Jon to recover the car PBB had assigned
to him as a service vehicle. Atty. Teresa, however, had not yet withdrawn as Jon's counsel of
record in the BP Big. 22 case, which was still then pending.
Jon filed an administrative case for disbarment against Atty. Teresa for representing
conflicting interests and violating the Code of Professional Responsibility. Atty. Teresa
countered that since the BP Blg. 22 case and the replevin case are unrelated and involved
different issues, parties, and subject matters, there was no conflict of interest and she acted
within the bounds of legal ethics.
Is Atty. Teresa's contention tenable? Explain. (3%)
XVI. Atty. Luna Tek maintains an account in the social media network called Twitter and has 1,000
followers there, including fellow lawyers and some clients. Her Twitter account is public so
even her non-followers could see and read her posts, which are called tweets. She oftentimes
takes to Twitter to vent about her daily sources of stress like traffic or to comment about
current events. She also tweets her disagreement and disgust with the decisions of the
Supreme Court by insulting and blatantly cursing the individual Justices and the Court as an
institution.
a. Does Atty. Luna Tek act in a manner consistent with the Code of Professional
Responsibility? Explain the reasons for your answer. (3%)
b. Describe the relationship between a lawyer and the courts. (3%)
XVII. Give three instances when a lawyer is allowed to withdraw his/her services. (3%)
XVIII. Atty. Javier sold a piece of land in favor of Gregorio for P2,000,000.00. Atty. Javier drafted
the Deed of Sale with Right to Repurchase which he and Gregorio signed on August 12,
2002. Under said Deed, Atty. Javier represented that he had "the perfect right to dispose as
owner in fee simple" the land and that the land is "free from all liens and encumbrances." The
Deed also stated that Atty. Javier had two years within which to repurchase the property. Atty.
Javier turned over the owner's copy of his certificate of title, TCT No. 12121, to Gregorio.
Gregorio then immediately took possession of the land.
Atty. Javier failed to exercise his right to repurchase within two years. Gregorio sent Atty.
Javier a letter dated April 8, 2005 demanding that the latter already repurchase the property.
Despite receipt of Gregorio's letter, Atty. Javier still failed to repurchase the property. Gregorio
remained in peaceful possession of the land until July 25, 2013, when he received notice from
Trustworthy Bank informing him that the land was mortgaged to said bank, that the bank
already foreclosed on the land, and that Gregorio should therefore vacate the land. Upon
investigation, Gregorio discovered that Atty. Javier's TCT No. 12121 had already been
cancelled when another bank foreclosed on a previous mortgage on the land, but after a
series of transactions, Atty. Javier was able to reacquire the land and secure TCT No. 34343
for the same. With TCT No. 34343, Atty. Javier constituted another mortgage on the land in
favor of Trustworthy Bank on February 22, 2002. Gregorio was subsequently dispossessed
of the property.
Gregorio filed an administrative complaint against Atty. Javier. In his defense, Atty. Javier
argued that he could not be held administratively liable as there was no attorney-client
relationship between him and Gregorio. Moreover, the transaction was not actually one of
sale with right to repurchase, but one of equitable mortgage, wherein he still had the legal
right to mortgage the land to other persons.
a. If you are tasked to investigate and report on Gregorio's administrative complaint

against Atty. Javier, what will be your recommendation and finding? (3%)
b. In the same administrative case, may Atty. Javier be ordered to return the
P2,000,000.00 purchase price to Gregorio? Explain. (3%)
XIX. a. What are the grounds for disbarment or suspension from office of an attorney? (4%)
b. If Atty. Babala is also admitted as an attorney in a foreign jurisdiction, what is the effect of
his disbarment or suspension by a competent court or other disciplinary authority in said
foreign jurisdiction to his membership in the Philippine Bar? (2%)
XX. Cecilio is one of the 12 heirs of his father Vicente, who owned an agricultural land located in
Bohol. Cecilio filed a complaint charging Judge Love Koto with abuse of discretion and
authority for preparing and notarizing a document entitled "Extra-Judicial Partition with
Simultaneous Deed of Sale" executed by Cecilio's mother Divina and brother Jose. Jose
signed the Deed on his own behalf and purportedly also on behalf of his brothers and sisters,
including Cecilio. Cecilio though alleged that in his Special Power of Attorney, he merely
granted Jose the authority to mortgage said agricultural land but not to partition, much less to
sell the same. Judge Koto contended that in a municipality where a notary public is
unavailable, a municipal judge is allowed to notarize documents or deeds as ex officio notary
public. He claimed that he acted in good faith and only wanted to help. Did Judge Koto violate
any rules? Discuss. (3%)
XXI. Judge Junior attended the 50th birthday party of his fraternity brother, Atty. Vera. Also present
at the party was Atty. Rico who was Atty. Vera's classmate way back in high school and who
was handling Civil Case No. 5555 currently pending before Judge Junior's court. Well-aware
that Atty. Rico had a case before his sala, Judge Junior still sat next to Atty. Rico at a table,
and the two conversed with each other, and ate and drank together throughout the night.
Since Atty. Vera was a well-known personality, his birthday party was featured in a magazine.
The opposing party to Atty. Rico's client in Civil Case No. 5555, while flipping through the
pages of the magazine, came upon the pictures of Judge Junior and Atty. Rico together at
the party and used said pictures as bases for instituting an administrative case against Judge
Junior. Judge Junior, in his answer, reasoned that he attended Atty. Vera's party in his private
capacity, that he had no control over who Atty. Vera invited to the party, and that he and Atty.
Rico never discussed Civil Case No. 5555 during the party. Did Judge Junior commit an
administrative infraction? Explain. (3%)
XXII. a. Describe briefly the Mandatory Continuing Legal Education (MCLE) for a member of the
Integrated Bar of the Philippines and the purpose of the same. (2%)
b. Name three parties exempted from the MCLE. (3%)
XXIII. Atty. Billy, a young associate in a medium-sized law firm, was in a rush to meet the deadline
for filing his appellant's brief. He used the internet for legal research by typing keywords on
his favorite search engine, which led him to many websites containing text of Philippine
jurisprudence. None of these sites was owned or maintained by the Supreme Court. He found
a case he believed to be directly applicable to his client's cause, so he copied the text of the
decision from the blog of another law firm, and pasted the text to the document he was
working on. The formatting of the text he had copied was lost when he pasted it to the
document, and he could not distinguish anymore which portions were the actual findings or
rulings of the Supreme Court, and which were quoted portions from the other sources that
were used in the body of the decision. Since his deadline was fast approaching, he decided
to just make it appear as if every word he quoted was part of the ruling of the Court, thinking
that it would not be discovered.
Atty. Billy's opponent, Atty. Ally, a very conscientious former editor of her school's law journal,
noticed many discrepancies in Atty. Billy's supposed quotations from the Supreme Court
decision when she read the text of the case from her copy of the PhUippine Reports. Atty.
Billy failed to reproduce the punctuation marks and font sizes used by the Court. Worse, he
quoted the arguments of one party as presented in the case, which arguments happened to
be favorable to his position, and not the ruling or reasoning of the Court, but this distinction
was not apparent in his brief. Appalled, she filed a complaint against him.
a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any? (2%)
b. How should lawyers quote a Supreme Court decision? (2%)
XXIV. An anonymous letter addressed to the Supreme Court was sent by one Malcolm X, a
concerned citizen, complaining against Judge Hambog, Presiding Judge of the RTC of
Mahangin City, Branch 7. Malcolm X reported that Judge Hambog is acting arrogantly in
court; using abusive and inappropriate language; and embarrassing and insulting parties,
witnesses, and even lawyers appearing before him. Attached to the letter were pages from
transcripts of records in several cases heard before Judge Hambog, with Judge Hambog's
arrogant, abusive, inappropriate, embarrassing and/or insulting remarks or comments
highlighted.
a. Will the Court take cognizance of the letter-complaint even coming from an
anonymous source? Explain. (2%)
b. Describe briefly the procedure followed when giving due course to a complaint
against an RTC judge. (3%)
LABOR LAW
October 28, 2018 2:00P.M.- 6:00 P.M.

INSTRUCTIONS
This Questionnaire contains ten (10) pages including these Instructions pages. Check the number
There are 22 items (I to XXII) to be answered within/our (4) hours.
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.
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.
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.
NOTEBOOK

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

(b) Distinguish between a "closed shop" clause and a "maintenance of membership" clause.
(2%)
(c) Distinguish between "union dues" and "agency fees." (2%)
XVIII
George is an American who is working as a consultant for a local IT company. The company has a
union and George wants to support the union. How far can George go in terms of his support for the
union? (3%)
XIX
What is the rule on the "equity of the incumbent"? (2%)
XX
A. XYZ Company and Mr. AB, a terminated employee who also happens to be the President
of XYZ Employees Union, agree in writing to submit Mr. AB's illegal dismissal case to
voluntary arbitration. Is this agreement a valid one? (3%)
B. XYZ Company and XYZ Employees Union (XYZEU) reach a deadlock in their negotiation
for a new collective bargaining agreement (CBA). XYZEU files a notice of strike; XYZ
Company proposes to XYZEU that the deadlock be submitted instead to voluntary
arbitration. If you are counsel for XYZEU, what advice would you give the union as to the:
(1) propriety of the request of XYZ Company, and (2) the relative advantages/disadvantages
between voluntary arbitration and compulsory arbitration? (4%)
XXI
Philippine News Network (PNN) engages the services of Anya, a prominent news anchor from a
rival station, National News Network (NNN). NNN objects to the transfer of Anya claiming that she
is barred from working in a competing company for a period of three years from the expiration of her
contract. Anya proceeds to sign with PNN which then asks her to anchor their nightly newscast.
NNN sues Anya and PNN before the National Labor Relations Commission (NLRC), asking for a
labor injunction. Anya and PNN object claiming that it is a matter cognizable by a regular court and
not the NLRC.
(a) Is NNN's remedy correct? Why or why not? (3%)
(b) What are the grounds for a labor injunction to issue? (2%)
(c) Distinguish the jurisdiction of a Labor Arbiter from that of the NLRC. (3%)
XXII
Mario comes from a family of coffee bean growers. Deciding to incorporate his fledgling coffee
venture, he invites his best friend, Carlo, to join him. Carlo is hesitant because he does not have
money to invest but Mario suggests a scheme where Carlo can be the Chief Marketing Agent of the
company, earning a salary and commissions. Carlo agrees and the venture is formed. After one
year, the business is so successful that they were able to declare dividends. Mario is so happy with
Carlo's work that he assigns 100 shares of stock to Carlo as part of the latter's bonus.
Much later on, it is discovered that Carlo had engaged in unethical conduct which caused
embarrassment to the company. Mario is forced to terminate Carlo but he does so without giving
Carlo the opportunity to explain.
Carlo filed a case against Mario and the company for illegal dismissal. Mario objected on the ground
that the Labor Arbiter had no jurisdiction over the case as it would properly be considered as an
intra-corporate controversy cognizable by the RTC. Further, Mario claimed that because Carlo's
dismissal was a corporate act, he cannot be held personally liable.
(a) As the Labor Arbiter assigned to this case, how would you resolve the jurisdiction
question. (3%)
(b) What is the rule on personal liability of corporate officers for a corporate act declared to
be unlawful? (2%)
---ooo0ooo---
LABOR LAW
October 28, 2018 2:00P.M.- 6:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains TWELVE (12) pages including these Instructions pages. Check the
There are TWENTY-SEVEN (27) Essay and Multiple Choice Questions to be answered within four
(4) hours.
the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D corresponding
to your chosen answer.
There is only one correct answer to every MCQ; choose the BEST answer from among the offered
choices. Note that some MCQs may need careful analysis both of the questions and the choices
offered.
NOTEBOOK
Chairman
I.
Linda was employed by Sectarian University (SU) to cook for the members of a religious order who
teach and live inside the campus. While performing her assigned task, Linda accidentally burned
herself. Because of the extent of her injuries, she went on medical leave. Meanwhile, SU engaged a
replacement cook. Linda filed a complaint for illegal dismissal, but her employer SU contended that
Linda was not a regular employee but a domestic househelp. Decide. (4%)
II.
Lucy was one of approximately 500 call center agents at Hambergis, Inc. She was hired as a
contractual employee four years ago. Her contracts would be for a duration of five (5) months at a
time, usually after a onemonth interval. Her re-hiring was contingent on her performance for the
immediately preceding contract. Six (6) months after the expiration of her last contract, Lucy went to
Hambergis personnel department to inquire why she was not yet being recalled to work. She was
told that her performance during her last contract was "below average." Lucy seeks your legal advice
about her chances of getting her job back. What will your advice be? (4%)
III.
Lolong Law Firm (LLF), which employs around 50 lawyers and 100 regular staff, suffered losses for
the first time in its history. The management informed its employees that it could no longer afford to
provide them free lunch. Consequently, it announced that a nominal fee would henceforth be charged.
Was LLF justified in withdrawing this benefit which it had unilaterally been providing to its employees?
(1%)
(A) Yes, because it is suffering losses for the first time.
(B) Yes, because this is a management prerogative which is not due to any legal or
contractual obligation.
(C) No, because this amounts to a diminution of benefits which is prohibited by the Labor
Code.
(D) No, because it is a fringe benefit that has already ripened into a demandable right.
IV.
Linis Manpower, Inc. (LMI) had provided janitorial services to the Philippine Overseas Employment
Administration (POEA) since March 2009. Its service contract was renewed every three months.
However, in the bidding held in June 2012, LMI was disqualified and excluded. In 2013, six janitors
of LMI formerly assigned at POEA filed a complaint for underpayment of wages. Both LMI and POEA
were impleaded as respondents. Should POEA, a government agency subject to budgetary
appropriations from Congress, be held liable solidarily with LMI for the payment of salary differentials
due to the complainant? Cite the legal basis of your answer. (4%)
V.
Liwayway Glass had 600 rank-and-file employees. Three rival unions – A, B, and C ‒ participated in
the certification elections ordered by the Med-Arbiter. 500 employees voted. The unions obtained the
following votes: A-200; B-150; C-50; 90 employees voted "no union"; and 10 were segregated votes.
Out of the segregated votes, four (4) were cast by probationary employees and six (6) were cast by
dismissed employees whose respective cases are still on appeal. (10%)
(A) Should the votes of the probationary and dismissed employees be counted in the total
votes cast for the purpose of determining the winning labor union?
(B) Was there a valid election?
(C) Should Union A be declared the winner?
(D) Suppose the election is declared invalid, which of the contending unions should represent
the rank-and-file employees?
(E) Suppose that in the election, the unions obtained the following votes: A-250; B-150; C-
50; 40 voted "no union"; and 10 were segregated votes. Should Union A be certified as the
bargaining representative?
VI.
Lina has been working as a steward with a Miami, U.S.A.-based Loyal Cruise Lines for the past 15
years. She was recruited by a local manning agency, Macapagal Shipping, and was made to sign a
10-month employment contract everytime she left for Miami. Macapagal Shipping paid for Lina’s
round-trip travel expenses from Manila to Miami. Because of a food poisoning incident which
happened during her last cruise assignment, Lina was not re-hired. Lina claims she has been illegally
terminated and seeks separation pay. If you were the Labor Arbiter handlingthe case, how would you
decide? (4%)
VII.
Non-lawyers can appear before the Labor Arbiter if: (1%)
(A) they represent themselves

(B) they are properly authorized to represent their legitimate labor organization or member
thereof
(C) they are duly-accredited members of the legal aid office recognized by the DOJ or IBP
(D) they appear in cases involving an amount of less than Php5,000
VIII.
As a result of a bargaining deadlock between Lazo Corporation and Lazo Employees Union, the latter
staged a strike. During the strike, several employees committed illegal acts. Eventually, its members
informed the company of their intention to return to work. (6%)
(A) Can Lazo Corporation refuse to admit the strikers?
(B) Assuming the company admits the strikers, can it later on dismiss those employees who
committed illegal acts?
(C) If due to prolonged strike, Lazo Corporation hired replacements, can it refuse to admit the
replaced strikers?
IX.
Luisa Court is a popular chain of motels. It employs over 30 chambermaids who, among others, help
clean and maintain the rooms. These chambermaids are part of the union rank-and-file employees
which has an existing collective bargaining agreement (CBA) with the company. While the CBA was
in force, Luisa Court decided to abolish the position of chambermaids and outsource the cleaning of
the rooms to Malinis Janitorial Services, a bona fide independent contractor which has invested in
substantial equipment and sufficient manpower. The chambermaids filed a case of illegal dismissal
against Luisa Court. In response, the company argued that the decision to outsource resulted from
the new management’s directive to streamline operations and save on costs. If you were the Labor
Arbiter assigned to the case, how would you decide? (4%)
X.
Luisa was hired as a secretary by the Asian Development Bank (ADB) in Manila. Luisa’s first boss
was a Japanese national whom she got along with. But after two years, the latter was replaced by an
arrogant Indian national who did not believe her work output was in accordance with international
standards. One day, Luisa submitted a draft report filled with typographical errors to her boss. The
latter scolded her, but Luisa verbally fought back. The Indian boss decided to terminate her services
right then and there. Luisa filed a case for illegal dismissal with the Labor Arbiter claiming arbitrariness
and denial of due process. If you were the Labor Arbiter, how would you decide the case? (4%)
XI.
Lionel, an American citizen whose parents migrated to the U.S. from the Philippines, was hired by JP
Morgan in New York as a call center specialist. Hearing about the phenomenal growth of the call
center industry in his parents’ native land, Lionel sought and was granted a transfer as a call center
manager for JP Morgan’s operations in Taguig City. Lionel’semployment contract did not specify a
period for his stay in the Philippines. After three years of working in the Philippines, Lionel was
advised that he was being recalled to New York and being promoted to the position of director of
international call center operations. However, because of certain "family reasons," Lionel advised the
company of his preference to stay in the Philippines. He was dismissed by the company. Lionel now
seeks yo ur legal advice on: (6%)
(A) whether he has a cause of action
(B) whether he can file a case in the Philippines
(C) what are his chances of winning
XII.
Which of the following groups does not enjoy the right to selforganization? (1%)
(A) those who work in a non-profit charitable institution
(B) those who are paid on a piece-rate basis
(C) those who work in a corporation with less than 10 employees
(D) those who work as legal secretaries
XIII.
Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed that the plants
in his garden needed trimming. He remembered that Lando, a 17-year old out-of-school youth, had
contacted him in church the other day looking for work. He contacted Lando who immediately
attended to Don Luis’s garden a nd finished the job in three days. (4%)
(A) Is there an employer-employee relationship between Don Luis and Lando?
(B) Does Don Luis need to register Lando with the Social Security System (SSS)?
XIV.
Luisito has been working with Lima Land for 20 years. Wanting to work in the public sector, Luisito
applied with and was offered a job at Livecor. Before accepting the offer, he wanted to consult you
whether the payments that he and Lima Land had made to the Social Security System (SSS) can be
transferred or credited to the Government Service Insurance System (GSIS). What would you advice?
(4%)
XV.
Our Lady of Peace Catholic School Teachers and Employees Labor Union (OLPCS-TELU) is a
legitimate labor organization composed of vice principals, department heads, coordinators, teachers,
and non-teaching personnel of Our Lady of Peace Catholic School (OLPCS).
OLPCS-TELU subsequently filed a petition for certification election among the teaching and non-
teaching personnel of OLPCS before the Bureau of Labor Relations (BLR) of the Department of Labor
and Employment (DOLE). The Med-Arbiter subsequently granted the petition and ordered the
conduct of a joint certification election for the teaching and non-teaching personnel of OLPCS.
May OLPCS-TELU be considered a legitimate labor organization? (5%)
XVI.
Samahang East Gate Enterprises (SEGE) is a labor organization composed of the rank-and-file
employees of East Gate Enterprises (EGE), the leading manufacturer of all types of gloves and
aprons.
EGE was later requested by SEGE to bargain collectively for better terms and conditions of
employment of all the rank -and-file employees of EGE. Consequently, EGE filed a petition for
certification election before the Bureau of Labor Relations (BLR).
During the proceedings, EGE insisted that it should participate in the certification process. EGE
reasoned that since it was the one who filed the petition and considering that the employees
concerned were its own rankand-file employees, it should be allowed to take an active part in the
certification process.
Is the contention of EGE proper? Explain. (5%)
XVII.
Philhealth is a government-owned and controlled corporation employing thousands of Filipinos.

Because of the desire of the employees of Philhealth to obtain better terms and conditions of
employment from the government, they formed the Philhealth Employees Association (PEA) and
demanded Philhealth to enter into negotiations with PEA regarding terms and conditions of
employment which are not fixed by law. (4%)
(A) Are the employees of Philhealth allowed to self-organize and form PEA and thereafter
demand Philhealth to enter into negotiations with PEA for better terms and conditions of
employment?
(B) In case of unresolved grievances, can PEA resort to strikes, walkouts, and other
temporary work stoppages to pressure the government to accede to their demands?
XVIII.
The procedural requirements of a valid strike include: (1%)
(A) a claim of either unfair labor practice or deadlock in collective bargaining
(B) notice of strike filed at least 15 days before a ULP-grounded strike or at least 30 days
prior to the deadlock in a bargaining grounded strike
(C) majority of the union membership must have voted to stage the strike with notice thereon
furnished to the National Conciliation and Mediation Board (NCMB) at least 24 hours before
the strike vote is taken
(D) strike vote results must be furnished to the NCMB at least seven (7) days before the
intended strike
XIX.
Lincoln was in the business of trading broadcast equipment used by television and radio networks.
He employed Lionel as his agent. Subsequently, Lincoln set up Liberty Communications to formally
engage in the same business. He requested Lionel to be one of the incorporators and assigned to
him 100 Liberty shares. Lionel was also given the title Assistant Vice-President for Sales and Head
of Technical Coordination. After several months, there were allegations that Lionel was engaged in
"under the table dealings" and received "confidential commissions" from Liberty’s clients and
suppliers. He was, therefore, charged with serious misconduct and willful breach of trust, and was
given 48 hours to present his explanation on the charges. Lionel was unable to comply with the 48 -
hour deadline and was subsequently barred from entering company premises. Lionel then filed a
complaint with the Labor Arbiter claiming constructive dismissal. Among others, the company sought
the dismissal of the complaint alleging that the case involved an intra-corporate controversy which
was within the jurisdiction of the Regional Trial Court (RTC).
If you were the Labor Arbiter assigned to the case, how would you rule on the company’s motion to
dismiss? (5%)
XX.
Lito was anticipating the bonus he would receive for 2013. Aside from the 13th month pay, the
company has been awarding him and his other co-employees a two to three months bonus for the
last 10 years. However, because of poor over-all sales performance for the year, the company
unilaterally decided to pay only a one month bonus in 2013. Is Lito’s employer legally allowed to
reduce the bonus? (4%)
XXI.
An accidental fire gutted the JKL factory in Caloocan. JKL decided to suspend operations and
requested its employees to stop reporting for work. After six (6) months, JKL resumed operations but
hired a new set of employees. The old set of employees filed a case for illegal dismissal. If you were
the Labor Arbiter, how would you decide the case? (4%)
XXII.
Despite a reinstatement order, an employer may choose not to reinstate an employee if: (1%)
(A) there is a strained employer-employee relationship
(B) the position of the employee no longer exists
(C) the employer’s business has been closed
(D) the employee does not wish to be reinstated.
XXIII.
Luningning Foods engaged the services of Lamitan Manpower, Inc., a bona fide independent
contractor, to provide "tasters" that will check on food quality. Subsequently, these "tasters" joined
the union of rank -and-file employees of Luningning and demanded that they be made regular
employees of the latter as they are performing functions necessary and desirable to operate the
company’s business. Luningning rejected the demand for regularization. On behalf of the "tasters",
the union then filed a notice of strike with the Department of Labor and Employment (DOLE). In
response, Luningning sought a restraining order from the Regional Trial Court (RTC) arguing that the
DOLE does not have jurisdiction over t he case since it does not have an employer-employee
relationship with the employees of an independent contractor. If you were the RTC judge, would you
issue a restraining order against the union? (4%)
XXIV.
Lanz was a strict and unpopular Vice-President for Sales of Lobinsons Land. One day, Lanz shouted
invectives against Lee, a poor performing sales associate, calling him, among others, a "brown
monkey." Hurt, Lee decided to file a criminal complaint for grave defamation against Lanz. The
prosecutor found probable cause and filed an information in court. Lobinsons decided to terminate
Lanz for committing a potential crime and other illegal acts prejudicial to business. Can Lanz be
legally terminated by the company on these grounds? (4%)
XXV.
Lizzy Lu is a sales associate for Luna Properties. The latter is looking to retrench Lizzy and five other
sales associates due to financial losses. Aside from a basic monthly salary, Lizzy and her colleagues
receive commissions on the sales they make as well as cost of living and representation allowances.
In computing Lizzy’s separation pay, Luna Properties should consider her: (1%)
(A) monthly salary only
(B) monthly salary plus sales commissions
(C) monthly salary plus sales commissions, plus cost of living allowance
(D) monthly salary plus sales commissions, plus cost of living allowance and representation
allowance
XXVI.
Liwanag Corporation is engaged in the power generation business. A stalemate was reached during
the collective bargaining negotiations between its management and the union. After following all the
requisites provided by law, the union decided to stage a strike. The management sought the
assistance of the Secretary of Labor and Employment, who assumed jurisdiction over the strike and
issued a return-to-work order. The union defied the latter and continued the strike. Without providing
any notice, Liwanag Corporation declared everyone who participated in the strike as having lost their
employment. (4%)
(A) Was Liwanag Corporation’s action valid?

(B) If, before the DOLE Secretary assumed jurisdiction, the striking union members
communicated in writing their desire to return to work, which offer Liwanag Corporation
refused to accept, what remedy, if any, does the union have?
XXVII.
The jurisdiction of the National Labor Relations Commission does not include: (1%)
(A) exclusive appellate jurisdiction over all cases decided by the Labor Arbiter
(B) exclusive appellate jurisdiction over all cases decided by Regional Directors or hearing
officers involving the recovery of wages and other monetary claims and benefits arising from
employer-employee relations where the aggregate money claim of each does not exceed five
thousand pesos (Php5,000)
(C) original jurisdiction to act as a compulsory arbitration body over labor disputes certified to
it by the Regional Directors
(D) power to issue a labor injunction
---ooo0ooo---
POLITICAL LAW
November 2, 2018 8:00 A.M. - 12:00 NN.

INSTRUCTIONS
There are 22 items (I to XXII) to be answered within/our (4) hours.
given premises.
NOTEBOOK

Chairperson
I. The Philippines and the Republic of Kroi Sha established diplomatic relations and
immediately their respective Presidents signed the following: (1) Executive Agreement
allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro
Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the
Philippines its military complement, warships, and armaments from time to time for a period
not exceeding one month for the purpose of training exercises with the Philippine military
forces and exempting from Philippine criminal jurisdiction acts committed in the line of duty
by foreign military personnel, and from paying custom duties on all the goods brought by said
foreign forces into Philippine territory in connection with the holding of the activities authorized
under the said Executive Agreement.
Senator Maagap questioned the constitutionality of the said Executive Agreements and
demanded that the Executive Agreements be submitted to the Senate for ratification pursuant
to the Philippine Constitution. Is Senator Maagap correct? Explain. (4%)
II. (1) A bill was introduced in the House of Representatives in order to implement faithfully the
provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the
Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the
bill on the ground that the provisions of UN CLOS are violative of the provisions of the
Constitution defining the Philippine internal waters and territorial sea. Do you agree or not
with the said objection? Explain. (3%)
(2) Describe the following maritime regimes under UNCLOS (4%)
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
III. Professor Masipag who holds a plantilla or regular item in the University of the Philippines
(UP) is appointed as an Executive Assistant in the Court of Appeals (CA). The professor is
considered only on leave of absence in UP while he reports for work at the CA which shall
pay him the salary of the Executive Assistant. The appointment to the CA position was
questioned, but Professor Masipag countered that he will not collect the salary for both
positions; hence, he can not be accused of receiving double compensation. Is the argument
of the professor valid? Explain. (4%)
IV. When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill
of Rights traditionally allowed? Explain your answer. (3%)
V. BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common
shares of stock in the Philippine Telecommunications Company (PTC), a public utility, to
Australian Telecommunications (AT), another stockholder of the PTC which also owns 1,000
common shares. A Filipino stockholder of PTC questions the sale on the ground that it will
increase the common shares of AT, a foreign company, to more than 40% of the capital
(stock) of PTC in violation of the 40% limitation of foreign ownership of a public utility. AT
argues that the sale does not violate the 60-40 ownership requirement in favor of Filipino
citizens decreed in Section II, Article XII of the 1987 Constitution because Filipinos still own
70% of the capital of the PTC. AT points to the fact that it owns only 2,000 common voting
shares and 1,000 non-voting preferred shares while Filipino stockholders own 1,000 common
shares and 6,000 preferred shares, therefore, Filipino stockholders still own a majority of the
outstanding capital stock of the corporation, and both classes of shares have a par value of
Php 20.00 per share. Decide. (5%)
VI. (1) Distinguish the President's authority to declare a state of rebellion from the authority to
proclaim a state of national emergency. (2%)
(2) What are the limitations, if any, to the pardoning power of the President? (3%)
VII. Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the
existence of probable cause, the court issues a warrant for the Senator's arrest. The
prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law.
According to the prosecution, the suspension should last until the termination of the case.
Senator Lis vigorously opposes the motion contending that only the Senate can discipline its
members; and that to allow his suspension by the Court would violate the principle of
separation of powers. Is Senator Lis's contention tenable? Explain. (4%)
VIII. A law provides that the Secretaries of the Departments of Finance and Trade and Industry,
the Governor of the Central Bank, the Director General of the National Economic
Development Authority, and the Chairperson of the Philippine Overseas Construction Board
shall sit as ex-officio members of the Board of Directors (BOD) of a government owned and
controlled corporation (GOCC). The other four (4) members shall come from the private
sector. The BOD issues a resolution to implement a new organizational structure, staffing
pattern, a position classification system, and a new set of qualification standards. After the
implementation of the Resolution, Atty. Dipasupil questioned the legality of the Resolution
alleging that the BOD has no authority to do so. The BOD claims otherwise arguing that the
doctrine of qualified political agency applies to the case. It contends that since its agency is
attached to the Department of Finance, whose head, the Secretary of Finance, is an alter ego
of the President, the BOD's acts were also the acts of the President. Is the invocation of the
doctrine by the BOD proper? Explain. (4%)
IX. Several senior officers of the Armed Forces of the Philippines received invitations from the
Chairperson of the Senate Committees on National Defense and Security for them to appear
as resource persons in scheduled public hearings regarding a wide range of subjects. The
invitations state that these public hearings were triggered by the privilege speeches of the
Senators that there was massive electoral fraud during the last national elections. The
invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran, who were among
those tasked to maintain peace and order during the last election, refused to attend because
of an Executive Order banning all public officials enumerated in paragraph 3 thereof from
appearing before either house of Congress without prior approval of the President to ensure
adherence to the rule of executive privilege. Among those included in the enumeration are
"senior officials of executive departments who, in the judgment of the department heads, are
covered by executive privilege." Several individuals and groups challenge the constitutionality
of the subject executive order because it frustrates the power of the Congress to conduct
inquiries in aid of legislation under Section 21, Article VI of the 1987 Constitution. Decide the
case. (5%)
X. The Secretary of the Department of Environment and Natural Resources (DENR) issued
Memorandum Circular No. 123-15 prescribing the administrative requirements for the
conversion of a timber license agreement (TLA) into an Integrated Forestry Management
Agreement (IFMA). ABC Corporation, a holder of a TLA which is about to expire, claims that
the conditions for conversion imposed by the said circular are unreasonable and arbitrary and
a patent nullity because it violates the non-impairment clause under the Bill of Rights of the
1987 Constitution. ABC Corporation goes to court seeking the nullification of the subject
circular. The DENR moves to dismiss the case on the ground that ABC Corporation has failed
to exhaust administrative remedies which is fatal to its cause of action. If you were the judge,
will you grant the motion? Explain. (4%)
XI. (1) What is the concept of expanded judicial review under the 1987 Constitution? (3%)
(2) Differentiate the rule-making power or the power of the Supreme Court to promulgate
rules under Section 5, Article VIII of the 1987 Constitution and judicial legislation. (2%)
XII. Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under
the 1935, 1973, and 1987 Constitutions. (3%)
XIII. On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill No. 5432,
entitled "An Act Providing for the Apportionment of the Lone District of the City of Pangarap."
The bill eventually became a law, R.A. No. 1234. It mandated that the lone legislative district
of the City of Pangarap would now consist of two (2) districts. For the 2016 elections, the
voters of the City of Pangarap would be classified as belonging to either the first or second
district, depending on their place of residence. The constituents of each district would elect
their own representative to Congress as well as eight (8) members of the Sangguniang
Panglungsod. R.A. No. 1234 apportioned the City's barangays. The COMELEC thereafter
promulgated Resolution No. 2170 implementing R.A. No. 1234.
Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to him, R.A. No.
1234 cannot be implemented without conducting a plebiscite because the apportionment
under the law falls within the meaning of creation, division, merger, abolition or substantial
alteration of boundaries of cities under Section 10, Article X of the 1987 Constitution. Is the
claim correct? Explain. (4%)
XIV. Congress enacted R.A. No. 14344 creating the City of Masuwerte which took effect on
September 25, 2014. Section 23 of the law specifically exempts the City of Masuwerte from
the payment of legal fees in the cases that it would file and/or prosecute in the courts of law.
In two (2) cases that it filed, the City of Masuwerte was assessed legal fees by the clerk of
court pursuant to Rule 141 (Legal Fees) of the Rules of Court. The City of Masuwerte
questions the assessment claiming that it is exempt from paying legal fees under Section 23
of its charter. Is the claim of exemption tenable? Explain. (4%)
XV. The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for
a term of seven (7) years pursuant to the 1987 Constitution. His term of office started on June
2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as the
third member of the COMELEC for a term of seven (7) years starting June 2, 2014 until June
2, 2021. On June 2, 2015, Chairperson Ty retired optionally after having served the
government for thirty (30) years. The President then appointed Commissioner Marikit as
COMELEC Chairperson. The Commission on Appointments confirmed her appointment. The
appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson "until
the expiration of the original term of her office as COMELEC Commissioner or on June 2,
2021." Matalino, a tax payer, files a petition for certiorari before the Supreme Court asserting
that the appointment of Marikit as COMELEC Chairperson is unconstitutional for the following
reasons: (1) The appointment of Marikit as COMELEC Chairperson constituted a
reappointment which is proscribed by Section 1 (2), Article IX of the 1987 Constitution; and
(2) the term of office expressly stated in the appointment papers of Marikit likewise
contravenes the aforementioned constitutional provision. Will the constitutional challenge
succeed? Explain. (4%)
XVI. (1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that she
is eligible to run for the said position. Pasyo Maagap, who also filed his COC for the same
position, filed a petition to deny due course or cancel Bai's COC under Section 78 of the
Omnibus Election Code for material misrepresentation as before Bai filed her COC, she had
already been convicted of a crime involving moral turpitude. Hence, she is disqualified
perpetually from holding any public office or from being elected to any public office. Before
the election, the COMELEC cancelled Bai' s COC but her motion for reconsideration (MR)
remained pending even after the election. Bai garnered the highest number of votes followed
by Pasyo Maagap, who took his oath as Acting Mayor. Thereafter, the COMELEC denied
Bai's MR and declared her disqualified for running for Mayor. P. Maagap asked the
Department of Interior and Local Government Secretary to be allowed to take his oath as
permanent municipal mayor. This request was opposed by Vice Mayor Umaasa, invoking the
rule on succession to the permanent vacancy in the Mayor's office. Who between Pasyo
Maagap and Vice Mayor Umaasa has the right to occupy the position of Mayor? Explain your
answer. (5%)
(2) How do you differentiate the petition filed under Section 68 from the petition filed under
Section 78, both of the Omnibus Election Code? (3%)
XVII. The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay,
bisexual, and transgender persons, filed for accreditation with the COMELEC to join the
forthcoming party-list elections. The COMELEC denied the application for accreditation on
the ground that GBTY A espouses immorality which offends religious dogmas. GBTY A
challenges the denial of its application based on moral grounds because it violates its right to
equal protection of the law.
(1) What are the three (3) levels of test that are applied in equal protection cases?
Explain. (3%)
(2) Which of the three (3) levels of test should be applied to the present case? Explain.
(3%)
XVIII. Around 12:00 midnight, a team of police officers was on routine patrol in Barangay
Makatarungan when it noticed an open delivery van neatly covered with banana leaves.
Believing that the van was loaded with contraband, the team leader flagged down the vehicle
which was driven by Hades. He inquired from Hades what was loaded on the van. Hades just
gave the police officer a blank stare and started to perspire profusely. The police officers then
told Hades that they will look inside the vehicle. Hades did not make any reply. The police
officers then lifted the banana leaves and saw several boxes. They opened the boxes and
discovered several kilos of shabu inside. Hades was charged with illegal possession of illegal
drugs. After due proceedings, he was convicted by the trial court. On appeal, the Court of
Appeals affirmed his conviction.
In his final bid for exoneration, Hades went to the Supreme Court claiming that his
constitutional right against unreasonable searches and seizures was violated when the police
officers searched his vehicle without a warrant; that the shabu confiscated from him is thus
inadmissible in evidence; and that there being no evidence against him, he is entitled to an
acquittal.
For its part, the People of the Philippines maintains that the case of Hades involved a
consented warrantless search which is legally recognized. The People adverts to the fact that
Hades did not offer any protest when the police officers asked him if they could look inside
the vehicle. Thus, any evidence obtained in the course thereof is admissible in evidence.
Whose claim is correct? Explain. (5%)
XIX. Pursuant to its mandate to manage the orderly sale, disposition and privatization of the
National Power Corporation's (NPC) generation assets, real estate and other disposable
assets, the Power Sector Assets and Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric Power Plant ( AHEPP). After evaluation
of the bids, K-Pop Energy Corporation, a South Korean Company, was the highest bidder.
Consequently, a notice of award was issued to K-Pop. The Citizens' Party questioned the
sale arguing that it violates the constitutional provisions on the appropriation and utilization of
a natural resource which should be limited to Filipino citizens and corporations which are at
least 60% Filipino-owned. The PSALM countered that only the hydroelectric facility is being
sold and not the Angat Dam; and that the utilization of water by a hydroelectric power plant
does not constitute appropriation of water from its natural source of water that enters the
intake gate of the power plant which is an artificial structure. Whose claim is correct? Explain.
(4%)
XX. Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed
which impeded the entry of vehicles into the area. This caused food shortage resulting in
massive looting of grocery stores and malls. There is power outage also in the area. For these
reasons, the governor of the province declares a state of emergency in their province through
Proclamation No. 1. He also invoked Section 465 of the Local Government Code of 1991
(R.A. No. 7160) which vests on the provincial governor the power to carryout emergency
measures during man-made and natural disasters and calamities, and to call upon the
appropriate national law enforcement agencies to suppress disorder and lawless violence. In
the same proclamation, the governor called upon the members of the Philippine National
Police, with the assistance of the Armed Forces of the Philippines, to set up checkpoints and
chokepoints, conduct general searches and seizures including arrests, and other actions
necessary to ensure public safety. Was the action of the provincial governor proper? Explain.
(4%)
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---
LABOR LAW
November 2, 2018 2 P.M. -5 P.M.

INSTRUCTIONS
This questionnaire consists of fourteen (14) numbers contained in eight (8) pages. Read each
question very carefully. Answer legibly, cleearly and concisely. Start each number on a separate
page; an answer to a subquestion under the same number may be written continuously on the same
page and on the immediately succeeding pages until completed. Do not repeat the question.
You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning.
A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.
GOOD LUCK!!!
Signed DANTE O. TINGA

Chairperson
2008 Bar ExaminationS Committee

LABOR LAW
-I-
a. Explain the automatic renewal clause of collective bargaining agreements. (3%)

b. Explain the extent of the workers right to participate in policy and decision-making process
as provided under Article XIII, Section 3 of the Philippine Constitution. Does it include
membership in the Board of Directors of a corporation? (3%)
- II -
a. What issues or disputes may be the subject of voluntary arbiration under the Labor Code?
(4%)
b. Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be submitted to
voluntary arbiration? Why or why not? (3%)
c. Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory
arbitration? Why or why not? (3%)
- III -
Savoy Department Store (SDS) adopted a policy of hiring salesladies on five-month cycles. At the
end of a saleslady's five-month term, another person is hired as replacement. Salesladies attend to
store customers, were SDS uniforms, report at specified hours, and are subject to SDS workplace
rules and regulations. Those who refuse the 5-month employment contract are not hired.
The day after expiration of her 5-month engagement, Lina wore her SDS white and blue uniform and
reported for work but was denied entry into the store premises. Agitated, she went on a hunger strike
and stationed herself in front of one of the gates of SDS. Soon thereafter, other employees whose 5-
month term had also elapsed, joined Lina's hunger strike.
a. Lina and 20 other saleladies filed a complaint for illegal dismissal, conteding that they are
SDS regular employees as they performed activities usually necessary or desirable in the
usual business or trade of SDS and thus, their constitutional right to security of tenure was
violated when they were dismissed without valid, just or authorized cause. SDS, in defense,
argued that Lina, et al. Agreed - prior to engagement - to a fixed period employment and thus
waived their right to a full-term tenure. Decide the dispute. (4%)
b. The owner of SDS considered the hunger strike staged by Lina, et al.., an eyesore and
disruptive of SDS business. He wrote the Secretary of Labor a letter asking him to assume
jurisdiction over the dispute and enjoin the hunger "strike". What answer will you give if you
were the Secretary of Labor? (3%)
c. Assume that no fixed-term worker complained, yet in a routine inspection a labor inspector of
the Regional Office of the Labor Code's security of tenure provisions and recommended to
the Regional Director the issuance a compliance order. The Regional Director adopted the
recommendation and issued a compliance order. Is the compliance order valid? Explain your
answer. (3%)
- IV -
Super Comfort Hotel employed a regular pool of "extra waiters" who are called or asked to report for
duty when the Hotel's volume of business is beyond the capacity of the regularly employed waiters
to undertake. Pedro has been an "extra waiter" for more than 10 years. He is also called upon to work
on weekends, on holidays and when there are big affairs at the hotel.
What is Pedro's status as an employee under the Labor Code? Why? Explain your answer fully. (6%)
-V-
The Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC) entered into a "service
agreement" where RSC in consideration of service fees to be paid by PizCorp's will exclusively supply
PizCorp with a group of RSC motorcycle-owning cooperative members who willhenceforth perform
PizCorp's pizza delivery service. RSC assumes under the agreement --- full obligation for the
payment of the salaries and other statutory monetary benefits of its members deployed to PizCorp.
The parties also stipulated that there shall be no employer-employee relationship between PizCorp
and the RSC members. However, if PizCorp is materially prejudiced by any act of the delivery impose
disciplinary sanctions on, including the power to dismiss, the erring RSC member/s.
a. Is the contractual stipulation that there is no employer-employee relationship binding on labor

officials? Why? Explain fully. (3%)
b. Based on the test/s for employer-employee relationship, determine the issue of who is the
employer of the RSC members. (4%)
c. Assume that RSC has a paid-up capitalization of P1,000.000.00 Is RSC engaged in "labor
only" contracting, permissible job contracting or simply, recruitment? (3%)
- VI -
On the day that the Union could validly declare a strike, the Secretary of Labor issued an order
assuming jurisdiction over the dispute and enjoining the strike, or if one has commenced, ordering
the striking workers to immediately return to work. The return-to-work order required the employees
to return to work within twenty-four hours and was served at 8 a.m. of the day the strike was to start.
The order at the same time directed the Company to accept all employees under the same terms and
conditions of employment prior to the work stoppage. The Union members did not return to work on
the day the Secretary's assumption order was served nor on the next day; instead, they held a
continuing protest rally against the company's alleged unfair labor practices. Because of the
accompanying picket, some of the employees who wanted to return to work failed to do so. On the
3rd day, the workers reported for work, claiming that they do so in compliance with the Secretary's
return-to-work order that binds them as well as the Company. The Company, however, refused to
admit them back sionce they had violated the Secretary's return-to-work order and are now
considered to have lost their employment status.
The Union officers and members filed a complaint for illegal dismissal arguing that there was no strike
but a protest rally which is a valid exercise of the workers constitutional right to peaceable assembly
and freemdom of expression. Hence, there was no basis for the termination of their employment.
You are the Labor Arbiter to whom the case was raffled. Decide, ruling on the following issues:
a. Was there a strike? (4%)

b. Were the employees simply exercising their constitutional right to petition for redness of their
grievances? (3%)
c. What are the consequences, if any, of the acts of the employees? (3%)
- VII -
Tito Paciencioso is an employee of a foundry shop in Malabon, Metro Manila. He is barely able to
make ends meet with his salary of P4,000.00 a month. One day, he asked his employer to stop
deducting from his salary his SSS monthly contribution, reasoning out that he is waiving his social
security coverage.
If you were Tito's employer, would you grant his request? Why? (6%)
- VIII -
Carol de la Cruz is the secretary of the proprietor of an auto dealership in quezon City. She resides
in Caloocan City. Her office hours start at 8 a.m. and end at 5 p.m. On July 30, 2008, at 7 a.m. while
waiting for public transport at Rizal Avenue Extension as has been her routine, she was sideswiped
by a speeding taxicab resulting in her death. The father of Carol filed a claim for employee's
compensation with the Social Security System. Will the claim prosper? Why? (6%)
- IX -
Assume that in Problem 5, Mario, an RSC member disgusted with the non-payment of his night shift
differential and overtime pay, filed a complaint with the DOLE Regional Office against RSC and
PizCorp. After inspection, it was found that indeed Mario was not getting his correct differential and
overtime pay and that he was declared an SSS member (so that no premiums for SSS membership
were ever remitted). On this basis, the Regional Director issued a compliance order holding PizCorp
and RSC solidarily liable for the payment of the correct differential and overtime pay and ordering
PizCorp to report Mario for membership with SSS and remit overdue SSS premiums.
Who has the obligation to report the RSC members for membership with the SSS, with the
concomitant obligation to remit SSS premiums? Why? (6%)
-X-
Pepe Santos was an international flight steward of Flysafe Airlines. Under FSA's Cabin Crew
Administration Manual, Santos must maintain, given his height and body frame, a weight of 150 to
170 pounds.
After 5 years as a flight steward, Santos began struggling with his weight; he weighed 200 lbs., 30
pounds over the prescribed maximum weight. The Airline gave him a one-year period to attain the
prescribed weight, and enrolled him in several wieght reduction programs. He consistently failed to
meet his target. He was given a 6-month grace period, after which he still failed to meet the weight
limit. FSC thus sent him a Notice of Administrative Charge for violation of company standards on
weight requirements. He stated in his answer that, for medical reasons, he cannot have a rapid weight
loss. A clarificatory hearing was held where Santos fully explained his predicament. The explanation
did not satisfy FSA and so it decided to terminate Santos's service for violation of company standards.
Santos filed a complaint for illegal dismissal, arguing that the company's weight requirement policy is
unreasonable and that his case is not a disciplinary but a medical issue (as one gets older, the natural
tendency is to grow heavier). FSA defended its policy as a valid exercise of management prerogative
and from the point of view of passenger safety and extraordinarydiligence required by law of common
carriers; it also posited that Santos failure to achieve his ideal weight constituted gross and habitual
neglect of duty, as well as willful disobedience to lawful employer orders. The Labor Arbiter found the
dismissal illegal for there was neither gross and habitual neglect of duty nor willful disobedience.
Is the Labor Arbiter correct? Why or why not? Explain fully. (6%)
- XI -
Complaints had worked five (5) years as waitresses in a cocktail lounge owned by the respondent.
They did not receive any salary directly from the respondent but shared in all service charges
collected for food and drinks to the extent of 75%. With respondent's prior permission, they could sit
with and entertain guest inside the establishment and appropriate for themselves the tips given by
guests. After five (5) years, the complaints individual shares in the collected service charges dipped
to below minimum wage level as a consequence of the lounge's marked business decline.
Thereupon, complaints asked respondent to increase their share in the collected service charges to
85% or the minimun wage level, whichever is higher.
Respondent terminated the services of the complainants who countered by filing a consolidated
complaint for unlawful dismissal, with prayer for 85% of the collected services or the minimum wage
for the appropriate periods, whichever is higher. Decide. (6%)
- XII -
Arnaldo, President of "Bisig" Union in Femwear Company, readied himself to leave exactly at 5:00
p.m. which was the end of his normal shift to be able to sed off his wife who was scheduled to leave
for overseas. However, the General Manager required him to render overtime work to meet the
company's export quota. Arnaldo begged off, explaining to the General Manager that he had to see
off his wife who was leaving to work abroad. The company dismissed Arnaldo for insubordination. He
filed a case for illegal dismissal. Decide (6%)
- XIII -
The rank-and-file union staged a strike in the company premises which caused the disruption of
business operations. The supervisors union of the same company filed a money claim for unpaid
salaries for the duration of the strike, arguing that the supervisors' failure to report for work was not
attributable to them. The company contended that it was equally faultless, for the strike was not the
direct consequence of any lockout or unfair labor practice. May the company be held liable for the
salaries of the supervisor? Decide (6%)
- XIV -
"Puwersa", a labor federation, after having won in a certification election held in the company
premises, sent a letter to respondent company reminding it of its obligation to recognize the local
union. Respondent company replied that through it is willing, the rank-and-file employees had already
lost interest in joining the local union as they had dissolved it. "Puwersa" argued that since it won in
a certification election, it can validly perform its function as a bargaining agent and represent the rank-
and-file employees despite the union's dissolution.
Is the argument of "Puwersa" tenable? Decide with reasons. (6%)
- NOTHING FOLLOWS -
1998 BAR EXAMINATION
Judge C was appointed MTC Judge in 1993. Subsequently, the Judicial and Bar Council received
information that previously he had been dismissed as Assistant City Prosecutor of Manila. It
appeared that when he applied for appointment to the Judiciary, his answer to the question in the
personal data sheet- “Have you ever been retired, dismissed or forced to resign from any
employment?” was- “Optional under Republic Act No. 1145.” The truth is, he was dismissed for
gross misconduct as Assistant City prosecutor.
May he be dismissed as Judge? (5%)
Answer:
Yes. “By his concealment of his previous dismissal from the public serice, which the Judicial
and Bar Council would have taken into consideration in acting on his application for
appointment as a judge, he (the judge) committed an act of dishonesty that rendered him unfit to
be appointed, and to remain, in the Judiciary he has tarnished with his falsehood.” (Re: Inquiry
on the Appointment of Judge Enrique A. Cube, 227 SCRA 193: Jose Estacion, 181 SCRA 33,
Estanislao Belan, August 6, 1998).
Question No. 2
What is your understanding of forum-shopping? What are the possible consequences? (5%)
Answer:
Forum-shopping is the improper practice of filling several actions or petitions in the same or
different tribunals arising from the same cause and seeking substantially identical reliefs in the
hope of winning in one of them.
The possible consequences of forum-shopping are:
. 1) Summary dismissal of the multiple petition or complaint.  
. 2) Penalty for direct contempt of court on the party and his lawyer.  
. 3) Criminal action for a false certification of non forum shopping.  
. 4) Disciplinary proceeding for the lawyer concerned. (Sec. 5, Rule 7, 1997   Rules of
Civil Procedure)  
Question No. 3
When Atty. Aldrin received copy of the decision of the court of Appeals, he files a motion for
reconsideration using intemperate and disrespectful language with a subtle threat that
“knowingly rendering an unjust judgement is punishable under the Revised Penal Code.”
The Court of Appeals ordered him to explain why he should not be cited in contempt of court.
Instead of complying, he submitted to the Court of Appeals his Petition to Retire from the
practice of law which he immediately filed with the Supreme Court after receiving the citation
for contempt. May he be allowed to retire from the practice of law? (5%).
Answer:
No. “A practicing lawyer and officer of the court facing contempt proceedings cannot just be
allowed to voluntarily retire from the practice of law which would negate the inherent power of
the court to punish him for contempt.” (Montecillo v. Gica, 60SCRA 234).
Question No. 4
Nene approached Atty. Nilo and asked him if it was alright to buy a piece of land which Maneng
was selling. What was shown by Maneng to Nene was an Original Certificate of title with many
annotations and old patches, to which Nene expressed suspicion. However, Atty. Nilo, desirous
of pushing through with the transaction because of the high notarial fee promised to him, told
Nene that the title was alright and that the title was alright and that she should not worry since he
is an attorney and that he knew Maneng well. He notarized the Deed of Sale and Nene paid
Maneng P108,000.00. It turned out that Maneng had previously sold the same property to
another person.
For the injustice done to Nene, may Atty. Nilo be disciplined? (5%).
Answer:
Yes. Atty. Nilo is guilty of gross negligence in protecting the interest of his client. A lawyer shall
not neglect a legal matter entrusted to him and his negligence in connection therewith shall
render him liable (Rule 18.03, Code of Professional responsibility). Worse, he was negligent
because he placed his own interest in receiving a high notarial fee over and above the interest of
his client. In the case of
Nadayag v. Grageda, 237 SCRA 202, which involves similar facts, the Supreme Court held that
lawyer “should have been conscientious in seeing to it that justice permeated every aspect of a
transaction for which his services had been engaged, in conformity with the avowed duties of a
worthy member of the Bar.”
Question No. 5
A lawyer advertised in the newspaper the following:
“Can secure annulment of your marriage promptly. Expert in legal separation cases. Consult
anytime.”
Is the advertisement proper? (5%)
Answer:
No. A lawyer in making known his legal services should not use any false, fraudulent,
misleading, deceptive, undignified or self-laudatory statements regarding Professional
Responsibility, In re Tagorda, 53 Phil. 37). The claim that he can secure annulment of marriage
promptly is false and misleading and his claim that he is an expert in legal separation is self-
laudatory. The advertisement constitutes improper solicitation and violates the sanctity of the
institution of marriage which the States should protect (Ulep v. Legal Clinic, Inc. 221 SCRA
378).
Question No. 6
State the rule on (a) the right of the client to dismiss his lawyer and (b) the prerogative of a
lawyer to withdraw as counsel. (5%).
Answer:
. (a) A client has the right to dismiss his lawyer at any time, with or without just cause.
The existence or non-existence of just cause. The existence or non- existence of just
cause is material only for determining the right of the lawyer to compensation for the
services rendered. The client’s right to terminate the lawyer’s services springs from the
strictly personal and highly confidential nature of the client loses confidence in his
lawyer, he has the right to dismiss him.  
. (b) On the other hand, the lawyer does not have an unqualified right to withdraw as
counsel. As an officer of the court, he may not withdraw or to be permitted to withdraw
as counsel if such withdrawal will work injustice to a  
client of frustrate the ends of justice. A lawyer may withdraw at anytime with his client’s written
consent. Without such consent, he may withdraw his services only for good because and upon
notice appropriate in the circumstances (Canon 22, Code of Professional Responsibility).
Question No. 7
A mayor charged with Homicide engaged your services as his lawyer. Since there is only one
witness to the incident, the mayor disclosed to you his plan to kill the lone witness through a
contrived vehicular accident.
. 1) What are the moral and legal obligations to the mayor, and to the authorities? (3%)  
. 2) Should the killing push through and are you certain that the mayor is one responsible,
are you under obligation to disclose to the authorities what was confided to you? Is this
not a privilege communication between client and attorney? (2%).  
Answer:
. 1) It is the duty of an attorney to divulge the communication of his client as to his
announced intention to commit a crime to the proper authorities to prevent the act or to
protect the person against whom it is threatened.  
. 2) Public policy and the lawyer’s duty to counsel obedience to the law forbid that an
attorney should assist in the commission of a crime or permit the relation of attorney and
client to conceal a wrong doing. He owes it to himself and to the public to use his best
efforts to restraint his client from doing any unlawful act and if, notwithstanding his
advice, his client proceeds to execute the illegal deed, he may disclose it or be examined
as to any communication relating thereto. There is privileged communication only as to
crimes already committed before its communication to the lawyer.  
Question No. 8
A judge, in order to ease his clogged docket, would exert efforts to compel the accused in
criminal cases to plead guilty to a lesser offense and advise party litigants in civil cases, whose
positions appear weak, to accept the compromise offered by the opposing party.
Is the practice legally acceptable? (5%)
Answer:
The practice is legally acceptable as long as the judge does not pressure on the parties and takes
care that he does not appear to have prejudged the case. Where a judge has told a party that his
case is weak before the latter was fully heard, such was considered ground for his
disqualification (Castillo v. Juan 62 SCRA 124).
Question No. 9
Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by spouses
Roger and Luisa when they approached him. It stated in the document that Roger and and Luisa
formally agreed to live separately from each other and either one can have a live-in partner with
full consent of the other.
What is the liability of Atty. Asilo if any? (5%).
Answer:
Atty. Asilo maybe held administratively liable for violating Rule 1.02 of Code of Professional
responsibility. A lawyer shall not counsel of abet activities aimed at defiance of the law or at
lessening confidence in the legal system. An agreement between two spouses to live separately
from each other and either one could have a live-in partner with full consent of the other, is
contrary to law and morals. The ratification by a notary public who is a layer of such illegal or
immoral contract or document constitutes malpractice or gross misconduct in office. He should
at least refrain from its consumption. (In re Santiago, 70 Phil.661; Panganiban v. Borromeo, 58
Phil. 38 Phil. 367, In re Bucana, 72 SCra 14).
Question No. 10
What is your understanding of quantum merit as attorney’s fee? (5%)
Answer:
Quantum merit literally means “as much as he deserves.” It is a measure for the lawyer’s fee in
the absence of a contract, or when the fees stipulated in a contract are found unconscionable, or
when the lawyer’s services are terminated for cause. The lawyer is entitled to receive what merits
for his services, as much as
he has earned. The factors to be taken into consideration are enumerated in Rule 22 of the Code
of Professional Responsibility.
Question No. 11
For his failure to appear for trial despite notice Atty. Umali was summarily pronounced guilty of
direct contempt and was fined P10,000.00 by judge.
Is the Judge correct? (5%).
Answer:
The judge is not correct. A lawyer who fails to appear for trials is only liable for indirect
contempt, which cannot be punished summarily. (People v. Torio, 118 SCRA 14; Atty.
Himiniano D. Silva v. Judge German G. Lee, 169 SCRA 512).
Question No. 12
Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the latter’s
conviction for estafa for misappropriating funds belonging to his client (Ben). While the
proceedings for disbarment was pending, the President granted absolute pardon in favour of
Atty. Co, then moved for the dismissal of the disbarment case.
Should the motion be granted? (5%).
Answer:
An absolute pardon by the President is one that operates to wipe out the conviction as was as the
offense itself. The grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if
such proceeding is based solely on the fact of such conviction ( In re Parcasion, 69 SCRA 336).
But where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him of
the penal consequences of his act and does not operate as a bar to the disbarment proceeding,
inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not
possess good moral character (In re Lontoc, 43 Phil.293).
Question No. 13
Discuss the propriety of a lawyer filing a suit against his client concerning his fees. (5%).
Answer:
Rule 20.04 of Code of Professional Responsibility provides that “a lawyer shall avoid
controversies with his clients concerning his compensation and shall resort to judicial action only
to prevent imposition, injustice of fraud.” The legal profession is not a money-making trade but a
form of public service. Lawyers should avoid giving the impression that they are mercenary
(Perez v. Scottish Union and National Insurance Co.,76 Phil.325). It might even turn out to be
unproductive for him for potential clients are likely to avoid a lawyer with a reputation of suing
his clients.
Question No. 14
Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the side of the road
gave chase and stopped the tricycle. Judge Silva then confiscated the driver’s license and told
him to get it from his office. Was the conduct of Judge Salva proper?” (5%).
Answer:
The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 (1074), where the Supreme
Court held:
While respondent might have been motivated by a spirit of civicism in cooperating with the city
authorities in the enforcement of traffic rules and regulations, the arrest of errant motor vehicle
drivers and the confiscation of their licenses are essentially police functions which are
specifically vested by law upon law enforcement officers of the government. Respondent as
Judge of the City Court will necessarily hear and decide all cases filed in his court regarding
such violations and infractions of the Motor Vehicle Law or traffic regulations by the law
enforcement officers. It is patent, therefore, that respondent should not have taken upon himself
the responsibility of confiscating the license of the motor cab driver but he should have referred
the matter to the police. We deemed it relevant to emphasize that the official conduct of a judge
should be free from impropriety or any appearance thereof. His personal behaviour in the
performance of his official duties and in his everyday life should be beyond approach. By
confiscating the driver’s license without issuing any traffic Violation Report (TVR) and losing
the same while in his possession, respondent Judge has acted in ), a barangay captain manner
unbefitting his high judicial office.
1993 Bar Questions:
I.
B Imitated the signature of A, registered owner of a lot, in special power of attorney naming him
(B) as the attorney-in-fact of A. On February 13, 1964, B mortgaged the lot to a bank using the
special power of attorney to obtain a loan of P8,500.00. On the same day, both the special power
of attorney and the mortgage contract were duly registered in the Registry of Deeds. Because of
B's failure to pay, the bank foreclosed the mortgage and the lot was sold to X in whose name a
new title was issued. In March, 1974, A discovered that the property was already registered in
the name of X because of an ejectment case filed against him by X.
1) If you were the lawyer of A, with what crime or crimes would you charge B? Explain.
2) If you were the counsel of B, what would be your defense? Discuss.
Answer:
1) The crime committed is estafa thru falsification of public document.

2) My defense will be prescription because the crime was committed in 1964 and almost twenty
nine years had already elapsed since then. Even if we take Falsification and Estafa individually,
they have already prescribed. It is to be noted that when it comes to discovery, the fact that the
crime was discovered in 1964 will be of no moment because the offended party is considered to
have constructive notice on the forgery after the Deed of Sale where his signature had been
falsified was registered in the office of the Register of Deeds (Cabral vs. Puno, 70 SCRA 606).
II.
Juanito was found guilty of Robbery by the RTC of Manila and sentenced to four (4} Years, two
(2) months and one (1) day of prision correctional as minimum to eight (8) years and twenty (20)
days of prision mayor as maximum. Juanito appealed to the Court of Appeals which found him
guilty only of Theft and sentenced him to a straight penalty of one (1) Year. The decision of the
appellate court was promulgated in May, 1993.
1) Is Juanito entitled to the benefits of the Probation Law which became effective on Jan. 3, 1978?
Why?
2) Suppose the prison term imposed by the RTC in the above example is only two (2) years as
minimum to six (6) years as maximum and Juanito did not appeal. When he applied for probation.
It was discovered that in March, 1960, a Municipal Court has sentenced him to a six-month
imprisonment for less serious physical Injuries which he fully served. May his application for
probation be granted? Reason out.
Answer;
1) Juanito is not entitled to probation because the law, as amended, requires the filing of the
application within the period for perfecting an appeal.
2) He is not entitled to the Probation Law because Section 9 (c) provides that probation shall not
be extended to those "who have previously been convicted by final judgment of an offense
punishable by Imprisonment of not less than one (1) month and one (1) day or a fine of not more
than P200.00."
III.
Arevalo, a judge who heard a civil case, received gifts from Maricel, the plaintiff therein, but
rendered judgment in favor of Julie, the defendant therein. Who are criminally liable, and for
what crime or crimes? Explain.
Answer;
1) Arevalo, the Judge, is liable for Indirect bribery (Art. 210 RPC) and for violation of the Code of
Conduct and Ethical Standard (Sec. 7 (d) RA 6713 and also PD 46).
2) Maricel is liable for corruption of public officer (Art, 212, RFC and PD 46).
IV.
Through kickbacks, percentages or commissions and other fraudulent schemes /conveyances and
taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets
amounting to P10 billion which is grossly disproportionate to his lawful income. Due to his
influence and connections and despite knowledge by the authorities of his Ill-gotten wealth, he
was charged with the crime of plunder only after twenty (20) years from his defeat in the last
elections he participated in.
1) May Andy still be held criminally liable? Why?
2) Can the State still recover the properties and assets that he illegally acquired, the bulk of which
is in the name of his wife and children? Reason out.
Answer;
1) Andy will not be criminally liable because Section 6 of RA 7080 provides that the crime
punishable under this Act shall prescribe in twenty years and the problem asked whether Andy
can still be charged with the crime of plunder after 20 years,
2) Can the State still recover? Yes, because Section 6 provides that recovery of properties
unlawfully acquired by public officers from them or their nominees or transferees shall not be
barred by prescription, laches or estoppel.
V.
Sometime in December, 1992, retired Lt. Col. Agaton, celebrating the first year of his compulsory
retirement from the Armed Forces of the Philippines, had in his company a fourteen (14) year-
old girl whose parents were killed by the Mt. Pinatubo eruption and being totally orphaned has
been living or fending for herself in the streets in Manila, They were alone in one room in a beach
resort and stayed there for two (2) nights. No sexual intercourse took place between them.
Before they parted, retired Lt. Col. Agaton gave the girl P1,000.00 for her services. She gladly
accepted it.
. 1) What crime may the retired colonel be charged with, if any? Discuss.  
. 2) What possible defenses can he interpose? Explain. Answer:  
1) The retired colonel may be charged with child abuse, in violation of Rep. Act 7610, a law
providing special protection against child abuse, exploitation, and discrimination.
One of the acts of child abuse or exploitation penalized under Article VI of RA 7610 is that of
keeping company of a minor who is ten (10) years or more younger than the offender in a hotel,
motel, beer house, disco joint, pension house, cabaret, sauna or massage parlor, beach resort,
and similar places. Considering that Lt. Col. Agaton is a retiree pursuant to a compulsory
retirement, while the child he kept company within a private room in the beach resort, is only 14
years old, there must be an age difference of more than 10 years between them. This fact plus
the circumstance that Lt. Col. Agaton stayed with the child, a girl, in one room at such beach
resort for two nights, and thereafter he gave her P1,000.00 "for her services", constitutes the
very evil punished, among other acts, in said law.
2) The possible defenses Lt. Col. Agaton may Interpose are that the child is related to him by
affinity, or by consanguinity within the fourth degree, or by a bond recognized in law, or local
customs and traditions, or that he was only acting in pursuance of a moral, social, or legal duty
(Sec. 10(b), Art. VI, RA 7610),
VI
As a result of a misunderstanding during a meeting, Joe was mauled by Nestor, Jolan, Reden and
Arthur. He ran towards his house but the four chased and caught him. Thereafter, they tied Joe's
hands at his back and attacked him. Nestor used a knife; Jolan, a shovel; Arthur, his fists; and
Reden, a piece of wood. After killing Joe, Reden ordered the digging of a grave to bury Joe's
lifeless body. Thereafter, the four (4) left together. Convicted for the killing of Joe, Arthur now
claims that his conviction is erroneous as it was not he who inflicted the fatal blow.
1) Would you sustain his claim? Why?
2) What was the crime committed by the four assailants? Discuss with reasons.
Answer;
1) No. Arthur's claim is without merit. The offenders acted in conspiracy in killing the victim and
hence, liable collectively. The act of one is the act of all.
The existence of a conspiracy among the offenders can be clearly deduced or inferred from the
manner they committed the killing, demonstrating a common criminal purpose and intent. There
being a conspiracy, the individual acts of each participant is not considered because their liability
is collective.
2) The crime committed is murder, qualified by treachery because the offenders, taking
advantage of their superiority in number, rendered the victim defenseless and without any
chance to retaliate, by tying his hands at his back before attacking him. Treachery exists at least
in the second and final stage of the attack, after the offenders caught up with the victim.
VII.
Because of a pendency of a labor dispute, two (2) belligerent labor unions had a confrontation in
a picket line during which the President and the Secretary of one union shouted to the members
and officers of the rival union composed of men and women, the following:
"Mga supot, mga walang bayag, mga kabit ng Intsik, mga tuta, mga segunda mano."
Are the President and the Secretary of said union liable for oral defamation/slander? Explain.
Answer:
No. The President and the Secretary of the Union are not liable for oral defamation or slander
because there is no identity of the offended party. The individual defamed or slandered was not
singled out (People us. Uy Tioco. 32 Phil. 624).
VIII.
Juan and Petra are officemates. Later, intimacy developed between them. One day, Juan sent to
Petra a booklet contained in a pay envelope which was securely sealed. The booklet is
unquestionably indecent and highly offensive to morals. Juan was thereafter charged under par.
3 of Art. 201 of the Revised Penal Code, as amended by P.D. 969, which provides that the penalty
of prision mayor or a fine from P6,000 to P12,000, or both such imprisonment and fine shall be
imposed upon those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. Is Juan guilty of the crime charged? Reasons.
Answer:
No. Juan is not guilty of the crime charged because the law (Art. 201, RPC) covers only the
protection of public moral and not only the moral of an individual.
IX.
Tong and Theresa got married before a judge, Theresa is below 18 years old. Their marriage was
effected because Theresa and her mother, Petra, at the instigation of Tong, assured the judge
who solemnized the marriage ceremony, that Theresa was 19 years old and that her father was
already dead. Upon Tong's prodding too, Petra gave her consent. The father of Theresa, who was
actually not dead, heard of what took place. Not being content in only instituting an action for
annulment of their marriage, he desired to prosecute Tong.
The father consulted you for the purpose of filing a criminal action against Tong. With what crime
would you charge Tong? Explain.
Answer;
Violation of Art. 350, RPC. Marriage contracted against the provisions of the marriage law.
X.
L, a Municipal Mayor, issued an appointment in favor of his legitimate son. S, as meat inspector
in the Office of the Municipal Treasurer. He also issued a certification that S is not related to him
within the third degree of consanguinity. The Civil Service Commission approved the
appointment. L, was charged and found guilty of falsification of public document. In his appeal,
he argued that his conviction is erroneous because he had no legal obligation to disclose the truth
about his relationship with the appointee and that he was in good faith as he later on revoked
the appointment.
Resolve his plea, supporting your resolution with reasons. Answer:
The conviction is correct. L had the legal obligation to issue a certification to the effect that the
appointee is not related to him within the third degree of consanguinity (Laino vs.
Sandiganbayan). The revocation of the appointment did not extinguish the incipient criminal
liability of L, the crime having been already consummated. Besides, good faith may not be
invoked in the crime of falsification of a public document as criminal intent and the will to commit
the crime are presumed to exist unless the contrary appears (Manuel Siquuian vs People. 171
SCRA 223).
XI.
1] Pat. Negre saw Filemon, an inmate, escaping from jail and ordered the latter to surrender.
Instead of doing so, Filemon attacked Pat. Negre with a bamboo spear, Filemon missed In his first
attempt to hit Pat. Negre, and before he could strike again, Pat. Negre shot and killed him.
Can Pat. Negre claim self defense? Explain.
2) Suppose Pat Negre missed in his shot, and Filemon ran away without parting with his weapon.
Pat Negre pursued Filemon but the latter was running so fast that Pat Negre fired warning shots
Into the air shouting for Filemon to stop. Inasmuch as Filemon continued running Pat, Negre fired
at him hitting and killing him.
Is the plea of self-defense sustainable? Why would you then hold Pat, Negre criminally liable?
Discuss.
Answer;
1) Yes. self-defense can be claimed as there is an Imminent and great peril on the life of Negre.
2) No, self-defense is no longer sustainable as there is no more peril on his life; Yes, excessive
force Is used.
XII.
Explain and illustrate the following: 1) aberratio ictus, 2) impossible crime, and 3) subornation of
perjury.
Answer:
1) Aberratio ictus - A fired a gun at his father to kill him but hit instead a stranger.
2) Impossible crime - Killing a dead person.
3) Subornation of perjury - Procuring another to swear falsely and testify under circumstances
rendering him guilty of perjury.
XIII.
Manny was apprehended In a buy-bust operation during which one (1) deck of shabu
(methamphetamine hydro-chloride) was delivered by him to the policeman posing as buyer and
another deck of shabu was taken from his pocket after his body was frisked before he was
actually brought to the police precinct. Convicted of violating sections 15 (sale and distribution
of regulated drugs] and 16 (possession or use of regulated drugs] of the Dangerous Drugs Law,
he was sentenced to thirty (30) years of life Imprisonment and payment of a fine of P20,000.00
(for violating sec. 15) and to imprisonment of eight (8) years and payment of fine of P6,000.00
(for violating sec. 16). He then sought the reversal of the decision, on the following grounds:
First, he could not be convicted of having violated sec. 15 because he has not yet received the
money from the buyer and the sale is not yet consummated;
Second, his conviction under sec. 16 is erroneous because his possession of shabu Is absorbed in
the charge of illegal sale or delivery; and
Third, it is unbelievable that he would sell the confiscated shabu in a sari- sari store near the
national road open to the public view and to a stranger.
1) If you were the Solicitor General, how would you rebut the arguments of the accused? Discuss
fully.
2) Give your comment with regard to the penalties imposed.
Answer:
a. Manny is liable. The law provides, "shall sell, dispense, deliver, transport or
distribute".
2) Yes. he is also liable because the shabu taken from his possession or pocket is different
from the shabu he was to deliver to the seller.
3) As to the third reason, it is not unbelievable because although it is a public place, this
kind of sale can always be clandestinely be made. [People vs. Rey Bernardino, Jan. 28,
1991)
With respect to the penalty imposed, life imprisonment should not be limited to 30 years;
and 8 years is wrong, it should be indeterminate. (People us. Angeles, because of Eliginio
vs. Alvarez (1992)
XIV.
1) Ariel intimidated Rachel, a mental retardate, with a bolo into having sexual Intercourse with
him. Rachel's mother immediately filed a complaint, supported by her sworn statement, before
the City Prosecutor's Office. After the necessary preliminary investigation, an information was
signed by the prosecutor but did not contain the signature of Rachel nor of her mother. Citing
Art. 344 of the RPC (prosecution of the crimes of rape, etc.), Ariel moves for the dismissal of the
case. Resolve with reasons.
2) After the prosecution had rested its case, Ariel presented a sworn affidavit of desistance
executed by Rachel and her mother stating that they are no longer interested in prosecuting the
case and that they have pardoned Ariel.
What effect would this affidavit of desistance have on the criminal and civil aspects of the case?
Explain fully.
Answer:
1) The case should not be dismissed. This is allowed by law (People us. Ilarde, 125 SCRA 11). It is
enough that a complaint was filed by the offended party or the parents in the Fiscal's Office.
2) The affidavit of desistance will only amount to the condonation of civil liability but not criminal
liability hence the case should still proceed.
XV.
Mick, a gay foreigner, fondled and played with the private part of Egay, an 11 year-old boy, who
enjoyed it and gladly received the P100.00 given him by the foreigner.
1) What crime, if any, was committed by the foreigner? Explain.
2) If the act was committed on Citry, an 11 year-old girl; would your answer be the same? Discuss.
Answer:
1} Acts of Lasciviousness under the circumstance of rape (Art. 336, RPC and RA. 7610)
2) Yes, acts of lasciviousness is committed irrespective of sex. (Art. 336, RPC)
XVI.
C told his lawyer, Atty. T, to settle the criminal case he filed against L, and so Atty. T called up
through telephone L, and informed him that C is willing to have the case dismissed provided that
L pays P8,000.00 and makes a public apology. L told Atty. T to call him up the following day as he
would consult his lawyer.
The following day when Atty. T called up L, the latter requested his lawyer Atty. X, who was in his
(L's) office at that time, to secretly listen to the telephone conversation through a telephone
extension.
When the P8,000.00 agreed upon on the telephone was delivered to Atty. T at the appointed
place and time, he (Atty, T) was arrested by the police for Robbery/Extortion on complaint of L
who was accompanied by his lawyer, Atty. X. Atty. X executed an affidavit stating that he heard
Atty. T demanding P8,000.00 for the withdrawal of the criminal complaint through a telephone
extension. On the basis of this affidavit, Atty, T filed a criminal complaint against Atty. X and L for
violation of sec. 1 of RA. No. 4200, otherwise known as the Anti- Wire Tapping Act. which says:
"It shall be unlawful for any person not being authorized by all the parties to any private
conversation or spoken word to tap any wire or cable or by using any other device or
arrangement, to secretly overhear, intercept or record such communication or spoken word by
using a device commonly known as dictaphone or dictograph or detectaphone, walkie talkie or
tape recorder, or however otherwise described."
If you were the Judge, would you convict or acquit L and his lawyer, Atty. X? Support your decision
with reasons.
Answer:
No, because it is a telephone extension and those enumerated by law means an extension with
permanent recording of which a telephone extension is not. (Gaanan vs. IAC, 145 SCRA 112)
XVII.
Pablo, disobeying a judicial order, was punished by an RTC Judge of Manila for contempt. He
waited for the judge to go out into the street. Upon seeing the Judge, Pablo hurriedly approached
him, and without saying a word struck him with his fist causing a slight contusion on the face of
the judge. Rex came to the rescue of the judge but because he was taller and bigger than Pablo,
the latter used a knife in attacking Rex. Pablo limited his assault to the arms of Rex, inflicting
lesiones graves which incapacitated Rex from labor for forty five (45) days.
If you were the prosecutor called to institute a criminal action against Pablo, with what crime or
crimes would you charge him? Explain.
Answer;
The crime of direct assault upon a person in authority with respect to the slight contusion on the
face of the Judge,
Direct assault with serious physical injuries with respect to the assault on Rex.
XVIII.
B, who is blind in one eye, conspired with M, a sixteen year old boy, with C, who had been
previously convicted of Serious Physical Injuries, and with R, whose sister was raped by X a day
before, to kill the latter. B, C and R were armed with .38 caliber revolvers, while M carried no
weapon and acted only as a look out. They proceeded to the house of X riding in a motorized
tricycle. Thereupon, C, on instruction of B to give X no chance, shot X who was then sleeping.
Indicted for Homicide, as the information alleges no qualifying circumstance, specify the
mitigating and aggravating circumstances present, and explain In whose favor, and against
whom, must they be considered.
Answer:
1. Mitigating circumstances:
a) B is entitled to the mitigating circumstance under paragraph 8 of Article 13 of the Revised

Penal Code;
b) M is entitled to the privileged mitigating circumstances of minority under Article 68 of the

Revised Penal Code;
c) Vindication of a grave offense in favor of R because his sister was raped by X a day before the
shooting, and even if there was an interval of one [1) day between the rape and the killing.
2. Aggravating circumstances:
a) The aggravating circumstance of recidivism under paragraph 9, Article 14 should be considered

against C if alleged in the Information (People vs. Peter Cadevida, et al, G.R No. L-94528. March
1, 1993).
b) The aggravating circumstance of motor vehicle under paragraph 20 of Article 14 of the Code,
all the accused having used a motorized tricycle;
c) Treachery should be aggravating against all of the accused including M who acted as a lookout
because all of them were present when X was shot [Article 62, paragraph 4 of the Revised Penal
Code). X was sleeping when shot to death.
XIX.
Dodoy, possessing only a student driver's permit, found a parked car with the key left in the
ignition, he proceeded to drive it away, intending to sell it. Just then Ting, the owner of the car,
arrived. Failing to make Dodoy stop. Ting boarded a taxi and pursued Dodoy, who In his haste to
escape, and because of his inexperience, violently collided with a jeepney full of passengers. The
jeepney overturned and was wrecked. One passenger was killed; the leg of the other passenger
was crushed and had to be amputated. The car of Ting was damaged to the tune of P20,000.00.
What offense or offenses may Dodoy be charged with? Discuss.
Answer:
Consummated carnapping. Homicide, Serious Physical Injuries and Damage to Property resulting
from reckless imprudence.
Please take note that with respect to Espiritu Case, taking hold of the object is enough to
consummate the crime; although in the Dirio case, it is still frustrated because there is inability
to dispose freely the object.
XX.
Upon complaint of Baby, NBI agent Cesar Invited Estafador to the NBI headquarters where Cesar
showed to Estafador the sworn complaint of Baby for estafa. He thereafter began questioning
Estafador who told him that he (Estafador) is willing to submit to an investigation since he has
nothing to hide. Thereupon, Cesar got a typewriter and took down the statement of Estafador
without informing the latter that he has a right to remain silent and to secure the services of a
lawyer. After the statement was signed by Estafador, his fiancee, Fadora, came and asked Cesar
to allow her to confer with Estafador but Cesar refused saying that after all, Fadora is not a
lawyer, and that Estafador voluntarily gave his statement.
If you were the lawyer of Estafador, with what crime would you charge the NBI agent? Explain.
Answer;  Violation of RA 7438, defining rights of persons arrested,

1) Failure to inform him of his right to counsel and to remain silent [Sec. 4, par. 1); and
2) Prevent an Immediate member of his family which includes fiancee, to confer with Estafador
(Sec. 4(b).

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2016 BAR EXAMINATIONS

August 3, 2018 8:00 A.M. - 12:00 N.N.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.

Ernesto's lawyer thus posited that:

Rule on the correctness of the foregoing arguments, with reasons.

Rule on the validity of the grounds raised by Conrado, with reasons.

Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide:

c. Students of secondary and tertiary schools x x x;

d. Officers and employees of public and private offices x x x;

[b] Briefly explain the concept of "benevolent neutrality." (2.5%)

August 3, 2018 8 A.M. - 12 Noon

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

Signed DANTE O. TINGA

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

a. Is JC entitled to bail? Why or why not? (3%)

How should the vacancy be filed? (3%)

August 12, 2018 2 P.M. - 5 P.M.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

Signed ANGELINA S. GUTIERREZ

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

1. Enumerate the 3 stages or aspects of taxation. Explain each. 5%

What is tax pyramiding? What is its basis in law? 5%

What properties are exempt from the real property tax? 5%

Is Royal Mining's claim meritorious? Explain. 5%

Vanishing deduction is availed of by taxpayers to:

a. correct his accounting records to reflect the actual deductions mad

Choose the correct answer. Explain. 5%

1. The Constitution provides "charitable institutions, churches, parsonages or convents

1. Court of Tax Appeals

1. How much personal exemption can Charlie claim? Explain. 2.5%

If you were the judge, will you dismiss the case? 5%

August 12, 2018 2:00 P.M.- 6:00 P.M.

4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, D, or E

First quarter - April 25, 2012

Second quarter - July 23, 2012

Third quarter - October 25, 2012

Fourth quarter - January 27, 2013

(A) Is the CTA correct? (3%)

Which of the following is an exclusion from gross income? (1%)

(A) Salaries and wages

(B) Cash dividends

(C) Liquidating dividends after dissolution of a corporation

(D) De minimis benefits

(E) Embezzled money

(A) discounts given to senior citizens on certain goods and services.

(C) salaries and bonuses paid to employees.

(1) Family home in Makati City;

(2) Condominium unit in Las Piñas City;

(4) Land in Alabama, U.S.A.

The following expenses were paid:

(1) Funeral expenses;

(2) Medical expenses; and

(3) Judicial expenses in the testate proceedings.

When is a pre-assessment notice required under the following cases? (1%)

Whose argument is correct? Decide. (5%)

Investigations by the Bureau of Internal Revenue (BIR) showed that:

Choose the correct answer. Double Taxation - (1%)

Choose the correct answer. Tax Avoidance ‒ (1%)

(B) is a tax saving device within the means sanctioned by law.

(1) Professional/legal fees from various clients

(3) Gains derived from sale of excess computers and laptops

(1) Salaries of office staff

(2) Rentals for office space