2010 Bar Exam

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POLITICAL LAW

05 September 2010 8 A.M. 12 NN.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with sixteen (16) questions (numbered I to XVI),

contained in eight (8) pages; and Part II with eleven (11) questions (numbered XVII to XXVII),

contained in four (4) pages, for a total number of twelve (12) 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 question directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!

_____________________________________CONCHITA CARPIO MORALES

CHAIRPERSON2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12)PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW

PART I

I

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The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by

Gen. Abe, former royal guards and the secessionist Gordon Peoples Army. The new government

constituted a Truth and Reconciliation Commission to look into the serious crimes committed under

President As regime. After the hearings, the Commission recommended that an amnesty law be

passed to cover even those involved in mass killings of members of indigenous groups who opposed

President A. International human rights groups argued that the proposed amnesty law is contrary to

international law. Decide with reasons. (4%)

II

Compare and contrast the jurisdiction of the International Criminal Court and International Court of

Justice. (3%)

III

A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in

Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A

moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which

was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief fromThai authorities but was refused assistance.

a. Is there state responsibility on the part of Thailand? (2%)b. What is the appropriate remedy available to the victims family under international law? (3%)

IV

Choose the statement which appropriately completes the opening phrase:

A State which resorts to retorsion in international law

a. must ensure that all states consent to its act.b. cannot curtail migration from the offending state.c. can expel the nationals of the offending state.d. should apply proportionate response within appreciable limit.e. None of the above.

Explain your answer. (2%)

V

Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in

her Statement of Assets and Liabilities. A member of her political party authored a bill which would

provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attractinvestors. The plan included an appropriation of 2 billion pesos for construction of roads around the

estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of

the law as it obviously benefitted Congresswoman As industrial estate. Decide with reasons. (3%)

VI

The Poverty Alleviation and Assistance Act was passed to enhance the capacity of the most

marginalized families nationwide. A financial assistance scheme called conditional cash transfers was

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initially funded 500 million pesos by Congress. One of the provisions of the law gave the Joint-

Congressional Oversight Committee authority to screen the list of beneficiary families initially

determined by the Secretary of Department of Social Welfare and Development pursuant to the

Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned

the authority of the Committee.

a. Does Mang Pandoy have legal standing to question the law?(2%)b. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional?

(3%)

Decide with reasons.

VII

True or False.

a. A proclamation of a state of emergency is sufficient to allow the President to take over anypublic utility. (0.5%)

b. A treaty which provides tax exemption needs no concurrence by a majority of all the Membersof the Congress. (0.5%)

VIII

Distinguish presidential communications privilege from deliberative process privilege. (3%)

IX

The League of Filipino Political Scientists (LFPS) organized an international conference on the human

rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar

professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker.

The Secretary of Foreign Affairs informed the President of the regional and national securityimplications of having Prof. Kui address the conference. The President thereupon instructed the

immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of

CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%)

X

A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of

Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and

production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the

copying of relevant documents, including the list of detainees, if any. Accompanied by court-

designated Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation

cell where her husband was allegedly seen being held for three days and tortured before he finallydisappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp

Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the

ground that it may violate his right against self-incrimination. Decide with reasons. (4%)

XI

Which statement best completes the following phrase: (1%)

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Freedom from torture is a right

a. subject to derogation when national security is threatened.b. confined only during custodial investigation.c. which is non-derogable both during peacetime and in a situation of armed conflict .d. both (a) and (b)e. none of the above.

XII

A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a

few seconds, he heard B shouting, Huwag Pilo babayaran kita agad. Then A saw the two hooded

men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a

fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1

Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines

Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle.

The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1

Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2

ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decidewith reasons. (4%)

XIII

True or False.

a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by alocal government unit. (0.5%)

b. Re-classification of land by a local government unit may be done through a resolution. (0.5%)c. Boundary disputes between and among municipalities in the same province may be filed

immediately with the Regional Trial Court. (0.5%)

d. The Metropolitan Manila Development Authority is authorized to confiscate a drivers license inthe enforcement of traffic regulations. (0.5%)

XIV

ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid

substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among

residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC

demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the

Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon

issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for

injunction before the Regional Trial Court, arguing that the city government did not have any power to

abate the alleged nuisance. Decide with reasons. (3%)

XV

True or False.

a. A person who occupies an office that is defectively created is a de facto officer. (0.5%)b. The rule on nepotism does not apply to designations made in favor of a relative of the

authority making a designation. (0.5%)

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c. A discretionary duty of a public officer is never delegable. (0.5%)d. Acquisition of civil service eligibility during tenure of a temporary appointee does not

automatically translate to a permanent appointment. (0.5%)

XVI

Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a

Manila-based entrepreneur who runs KABAKA, a coalition of peoples organizations from fisherfolk

communities. KABAKAs operations consist of empowering fisherfolk leaders through livelihood

projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private

organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry,

which, in turn is allocated worldwide to the Foundations partners like KABAKA. Rudy seeks to register

KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified

as a party-list and a nominee, respectively? Decide with reasons. (4%)

PART II

XVII

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint

for carrying highpowered firearms in his car. He was charged and convicted for violation of the

COMELEC gun ban. He did not appeal his conviction and instead applied for executive clemency.

Acting on the favorable recommendation of the Board of Pardons and Parole, the President granted

him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%)

XVIII

The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular

and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional

Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of

Budget and Management (DBM). Implicated in the questionable disbursements are high officials of thePalace. The House Committee summoned X and the DBM Secretary to appear and testify. X refused to

appear, while the Secretary appeared but refused to testify invoking executive privilege.

a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him?(2%)

b. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of theHouse Committee? Explain briefly. If the answer is no, is there any sanction that may be

imposed upon him? (3%)

XIX

To instill religious awareness in the students of Doa Trinidad High School, a public school in Bulacan,

the Parent- Teachers Association of the school contributed funds for the construction of a grotto and a

chapel where ecumenical religious services and seminars are being held after school hours. The use of

the school grounds for these purposes was questioned by a parent who does not belong to any

religious group. As his complaint was not addressed by the school officials, he filed an administrative

complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%)

XX

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LABOR LAW

05 September 2010 2 P.M. 5 P.M.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with thirteen (13) questions (numbered I to XIII),

contained in seven (7) pages; and Part II with twelve (12) questions (numbered XIV-XXV), contained

in six (6) pages, for a total number of thirteen (13) pages.


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.


HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!



PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).


LABOR AND SOCIAL LEGISLATION

PART I

I

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b. Was As dismissal valid? Why or why not? (3%)VII

A was an able seaman contracted by ABC Recruitment Agency for its foreign principal, Seaworthy

Shipping Company (SSC). His employment contract provided that he would serve on board the

Almieda II for eight (8) months with a monthly salary of US$450. In connection with his employment,

he signed an undertaking to observe the drug and alcohol policy which bans possession or use of all

alcoholic beverages, prohibited substances and un-prescribed drugs on board the ship. The

undertaking provided that: (1) disciplinary action including dismissal would be taken against anyone in

possession of the prohibited substances or who is impaired by the use of any of these substances, and

(2) to enforce the policy, random test sampling would be done on all those on board the ship.

On his third month of service while the Almieda II was docked at a foreign port, a random drug test

was conducted on all members of the crew and A tested positive for marijuana. He was given a copy

of the drug test result. In compliance with the companys directive, he submitted his written

explanation which the company did not find satisfactory. A month later, he was repatriated to the

Philippines.

Upon arrival in the Philippines, A filed with the National Labor Relations Commission (NLRC) a

complaint against the agency and the principal for illegal dismissal with a claim for salaries for the

unexpired portion of his contract.

a. Was As dismissal valid? Explain. (3%)b. Is his claim for salaries for the unexpired portion of his contract tenable? Explain. (3%)

VIII

ABC company and U labor union have been negotiating for a new Collective Bargaining Agreement

(CBA) but failed to agree on certain economic provisions of the existing agreement. In the meantime,

the existing CBA expired. The company thereafter refused to pay the employees their midyear bonus,saying that the CBA which provided for the grant of midyear bonus to all company employees had

already expired. Are the employees entitled to be paid their midyear bonus? Explain your answer.

(3%)

IX

A was working as a medical representative of RX pharmaceutical company when he met and fell in

love with B, a marketing strategist for Delta Drug Company, a competitor of RX. On several occasions,

the management of RX called As attention to the stipulation in hisemployment contract that requires

him to disclose any relationship by consanguinity or affinity with coemployees or employees of

competing companies in light of a possible conflict of interest. A seeks your advice on the validity of

the company policy. What would be your advice? (3%)

X

A, an employee of XYZ Cooperative, owns 500 shares in the cooperative. He has been asked to join

the XYZ Cooperative Employees Association. He seeks your advice on whether he can join the

association. What advice will you give him? (3%)

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XI

Because of continuing financial constraints, XYZ, Inc. gave its employees the option to voluntarily

resign from the company. A was one of those who availed of the option. On October 5, 2007, he was

paid separation benefits equivalent to seven (7) months pay for his six (6) years and seven (7)

months of service with the company and he executed a waiver and quitclaim.

A week later, A filed against XYZ, Inc. a complaint for illegal dismissal. While he admitted that he was

not forced to sign the quitclaim, he contended that he agreed to tender his voluntary resignation on

the belief that XYZ, Inc. was closing down its business. XYZ, Inc., however, continued its business

under a different company name, he claimed.

Rule on whether the quitclaim executed by A is valid or not. Explain. (3%)

XII

On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc. through its

Philippine manning agency XYZ. Under the standard employment contract of the Philippine Overseas

Employment Administration (POEA), his employment was to commence upon his actual departurefrom the port in the point of hire, Manila, from where he would take a flight to the USA to join the

cruise ship MS Carnegie. However, more than three months after A secured his exit clearance from

the POEA for his supposed departure on January 15, 2009, XYZ still had not deployed him for no valid

reason.

Is A entitled to relief? Explain. (3%)

XIII

A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive

bargaining agent. Although A is a member of rival union XYR-MU, he receives the benefits under the

CBA that XYZ-EU had negotiated with the company.

XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A insists that

he has no obligation to pay said dues and fees because he is not a member of XYZEU and he has not

issued an authorization to allow the collection. Explain whether his claim is meritorious. (3%)

PART II

XIV

After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a beer factory, A

hurried home to catch the early evening news and have dinner with his family. At around 10 p.m. of

the same day, the plant manager called and ordered A to fill in for C who missed the second shift.

a. May A validly refuse the plant managers directive? Explain. (2%)b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday, may the

company argue that, since he was two hours late in coming to work on Thursday morning, he

should only be paid for work rendered from 1 a.m. to 2 a.m.? Explain? (3%)

XV

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Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc., recently

admitted a member of the companys managerial staff, A, into the union ranks.

a. Should A be a member of the supervisory union? Explain. (2%)b. Assuming that A is ineligible to join the union, should the registration of Samahang

Manggagawa ng Terracota be cancelled? Explain. (3%)

XVI

On the first day of collective bargaining negotiations between rank-and-file Union A and B Bus

Company, the former proposed a P45/day increase. The company insisted that ground rules for

negotiations should first be established, to which the union agreed. After agreeing on ground rules on

the second day, the union representatives reiterated their proposal for a wage increase. When

company representatives suggested a discussion of political provisions in the Collective Bargaining

Agreement as stipulated in the ground rules, union members went on mass leave the next day to

participate in a whole-day prayer rally in front of the company building.

a. The company filed a petition for assumption of jurisdiction with the Secretary of Labor andEmployment. The Union opposed the petition, arguing that it did not intend to stage a strike.Should the petition be granted? Explain. (2%)

b. The Union contended that assuming that the mass leave will be considered as a strike, thesame was valid because of the refusal of the company to discuss the economic provisions of

the CBA. Rule on the contention. (2%)

c. Union member AA, a pastor who headed the prayer rally, was served a notice of terminationby management after it filed the petition for assumption of jurisdiction. May the company

validly terminate AA? Explain. (2%)

XVII

A was hired to work in a sugar plantation performing such tasks as weeding, cutting and loading

canes, planting cane points, fertilizing and cleaning the drainage. Because his daily presence in the

field was not required, A also worked as a houseboy at the house of the plantation owner. For the next

planting season, the owner decided not to hire A as a plantation worker but as a houseboy instead.

Furious, A filed a case for illegal dismissal against the plantation owner. Decide with reason. (3%)

XVIII

Flight attendant A, five feet and six inches tall, weighing 170 pounds ended up weighing 220 pounds

in two years. Pursuant to the long standing Cabin and Crew Administration Manual of the employer

airline that set a 147-pound limit for As height, management sent A a notice to shape upor ship out

within 60 days. At the end of the 60-day period, A reduced her weight to 205 pounds. The company

finally served her a Notice of Administration Charge for violation of company standards on weight

requirements. Should A be dismissed? Explain. (3%)

XIX

Several employees and members of Union A were terminated by Western Phone Co. on the ground of

redundancy. After complying with the necessary requirements, the Union staged a strike and picketed

the premises of the company. The management then filed a petition for the Secretary of Labor and

Employment to assume jurisdiction over the dispute. Without the benefit of a hearing, the Secretary

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issued an Order to assume jurisdiction and for the parties to revert to the status quo ante litem.

a. Was the order to assume jurisdiction legal? Explain. (2%)b. Under the same set of facts the Secretary instead issued an Order directing all striking

workers to return to work within 24 hours, except those who were terminated due to

redundancy. Was the Order legal? Explain. (3%)

XX

A, a driver for a bus company, sued his employer for nonpayment of commutable service incentive

leave credits upon his resignation after five years of employment. The bus company argued that A was

not entitled to service incentive leave since he was considered a field personnel and was paid on

commission basis and that, in any event, his claim had prescribed. If you were the Labor Arbiter, how

would you rule? Explain. (6%)

XXI

A was approached for possible overseas deployment to Dubai by X, an interviewer of job applicants for

Alpha Personnel Services, Inc., an overseas recruitment agency. X required A to submit certaindocuments (passport, NBI clearance, medical certificate) and to pay P25,000 as processing fee. Upon

payment of the said amount to the agency cashier, A was advised to wait for his visa. After five

months, A visited the office of Alpha Personnel Services, Inc. during which X told him that he could no

longer be deployed for employment abroad. A was informed by the Philippine Overseas Employment

Administration (POEA) that while Alpha Personnel Services, Inc. was a licensed agency, X was not

registered as its employee, contrary to POEA Rules and Regulations. Under POEA Rules and

Regulations, the obligation to register personnel with the POEA belongs to the officers of a recruitment

agency.

a. May X be held criminally liable for illegal recruitment? Explain. (2%)b. May the officers having control, management or direction of Alpha Personnel Services, Inc. be

held criminally liable for illegal recruitment? Explain. (3%)

XXII

A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi Arabian

construction firm, with a monthly salary of $650.00. When she got to the construction site, the

employer compelled her to sign another contract that referred her to another employer for a salary of

$350.00. She worked for the second employer and was paid $350.00 until her two-year contract

expired. Upon her return to the Philippines, she filed a case against the agency and the two

employers. May the agency validly raise the defense that it was not privy to the transfer of A to the

second employer? Explain. (3%)

XXIII

A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before the NLRC,

alleging that he was paid below the minimum wage. The employer denied any underpayment, arguing

that based on long standing, unwritten policy, the Hotel provided food and lodging to its housekeeping

employees, the costs of which were partly shouldered by it and the balance was charged to the

employees. The employees corresponding share in the costs was thus deducted from their wages. The

employer concluded that such valid deduction naturally resulted in the payment of wages below the

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prescribed minimum. If you were the Labor Arbiter, how would you rule? Explain. (3%)

XXIV

Rank-and-file workers from Peacock Feathers, a company with 120 employees, registered their

independent labor organization with the Department of Labor and Employment (DOLE) Regional

Office. Management countered with a petition to cancel the unions registration on the ground that the

minutes of ratification of the union constitution and by-laws submitted to the DOLE were fraudulent.

Specifically, management presented affidavits of ten (10) out of forty (40) individuals named in the

list of union members who participated in the ratification, alleging that they were not present at the

supposed January 1, 2010 meeting held for the purpose. The union argued that the stated date of the

meeting should have read January 11, 2010, instead of January 1, 2010, and that, at any rate, the

other thirty (30) union members were enough to register a union. Decide with reason. (3%)

XXV

Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. In the

pertinent Memorandum, management explained that too much texting and phone-calling by

employees disrupted company operations. Two employeesmembers of Union X were terminated fromemployment due to violation of the memorandum-policy. The union countered with a prohibitory

injunction case (with prayer for the issuance of a temporary restraining order) filed with the Regional

Trial Court, challenging the validity and constitutionality of the cell phone ban. The company filed a

motion to dismiss, arguing that the case should be referred to the grievance machinery pursuant to an

existing Collective Bargaining Agreement with Union X, and eventually to Voluntary Arbitration. Is the

company correct? Explain. (3%)

NOTHING FOLLOWS.

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CIVIL LAW


INSTRUCTIONS

There is only one Examiner in Civil Law. Hence, the following questionnaire consists of only ONE

PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11) pages.

Begin your answer to each numbered question on a separate page; an answer to a sub-question/s

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 question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!



PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).


CIVIL LAW

I

True or False.

a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse,the latter may re-marry by proving only that the foreign spouse has obtained a divorce

against her or him abroad. (1%)b. X, a widower, died leaving a will stating that the house and lot where he lived cannot bepartitioned for as long as the youngest of his four children desires to stay there. As coheirs

and co-owners, the other three may demand partition anytime. (1%)

II

Multiple choice.

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consequence/s? Explain. (5%)

V

G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency

of the case, the couple entered into a compromise agreement to dissolve their absolute community of

property. B ceded his right to their house and lot and all his shares in two business firms to G and

their two children, aged 18 and 19.

B also opened a bank account in the amount of P3 million in the name of the two children to answer

for their educational expenses until they finish their college degrees.

For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The

Court approved the spouses agreement on September 8, 2000.

a. Suppose the business firms suffered reverses, rendering G unable to support herself and thechildren. Can G still ask for supportpendente litefrom B? Explain. (3%)

b. Suppose in late 2004 the two children had squandered the P3 million fund for their educationbefore they could obtain their college degrees, can they ask for more support from B?Explain. (3%)

VI

Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in

vitro fertilization. Gigolo undertook to underwrite Majorettes pre-natal expenses as well as those

attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would

give custody of the baby to him.

After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she

engages your services as her lawyer to regain custody of the baby.

a. What legal action can you file on behalf of Majorette? Explain. (2.5%)b. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby?

Explain. (2.5%)

c. Who of the two can exercise parental authority over the child? Explain. (2.5%)d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

VII

G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was

declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the

marriage, the couple possessed the following properties:

a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price(representing downpayment) of which he paid; one third (1/3) was paid by G on February 14,

1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and

the balance was paid out of the spouses joint income; and

an apartment unit donated to B by an uncle on June 19, 1987.a. Who owns the foregoing properties? Explain. (5%)b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns

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the properties? Explain. (5%)

VIII

Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage,

Rex begot a child by another woman. He is now 10 years of age.

On Leas discovery of Rexs fathering a child by another woman, she filed a petition for legal

separation which was granted.

Rex now wants to adopt his illegitimate child.

a. Whose consent is needed for Rexs adoption of his illegitimate child? (2.5%)b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)

IX

Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26,

Patrice married American citizen John who brought her to live with him in the United States of

America. John at once signified his willingness to adopt Laurie.

Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)

X

In 1997, B and G started living together without the benefit of marriage. The relationship produced

one offspring, Venus. The couple acquired a residential lot in Paraaque. After four (4) years or in

2001, G having completed her 4-year college degree as a fulltime student, she and B contracted

marriage without a license.

The marriage of B and G was, two years later, declared null and void due to the absence of a

marriage license.

a. If you were the judge who declared the nullity of the marriage, to whom would you award thelot? Explain briefly. (3%)

b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)XI

The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of

marriage. Their absolute community of property having been dissolved, they delivered P1 million to

each of their 3 children as their presumptive legitimes.

Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having

successfully engaged in business, acquired real properties. Peter later died intestate.

a. Who are Peters legal heirs and how will his estate be divided among them? (5%)b. What is the effect of the receipt by Peters 3 children by his first marriage of their

presumptive legitimes on their right to inherit following Peters death? (5%)

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XII

On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a gift

from his parents. On even date, as his class was scheduled to go on a field trip, his teacher requested

him to accommodate in his car, as he did, four (4) of his classmates because the van rented by the

school was too crowded. On the way to a museum which the students were scheduled to visit,

Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates died. Heand the three (3) others were badly injured.

a. Who is liable for the death of Rozannos classmate and the injuries suffered by Rozanno andhis 3 other classmates? Explain. (2%)

b. How about the damage to the jeepney? Explain. (2%)c. Under the same facts, except the date of occurrence of the incident, this time in mid-1994,

what would be your answer? Explain. (2%)

XIII

Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also

owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C.

Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.

Ava cultivated Lot E and used the right of way granted by Franz.

Ava later found gainful employment abroad. On her return after more than 10 years, the right of way

was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it

fenced.

a. Does Ava have a right to demand from Julia the activation of her right of way? Explain.(2.5%)

b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, canshe do that? Explain. (2.5%)

XIV

Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his

residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate

of Primos residence. N, a neighbor who was passing by, started throwing stones at the iguana,

drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered a

broken leg.

Is anyone liable for Ns injuries? Explain. (4%)

XV

A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had

gone past break-even stage and started to garner considerable profits, C died. A and B continued the

business without dissolving the partnership. They in fact opened a branch of the restaurant, incurring

obligations in the process. Creditors started demanding for the payment of their obligations.

a. Who are liable for the settlement of the partnerships obligations? Explain? (3%)

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b. What are the creditors recourse/s? Explain. (3%)XVI

X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she

advised her sister Y via overseas call to sell the land and sign a contract of sale on her behalf.

Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on behalf of X. B1

fully paid the purchase price.

B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for her

authority from X. Without informing X that she had sold the land to B1, Y sought X for a written

authority to sell.

X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on

monthly installment basis for two years, the first installment to be paid at the end of May 2001.

Who between B1 and B2 has a better right over the land? Explain. (5%)

NOTHING FOLLOWS.

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TAXATION LAW

12 September 2010 2 P.M 5 P.M.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with nine (9) questions (numbered I to IX), contained

in five (5) pages; and Part II with nine (9) questions (numbered X to XVIII), contained in six (6)

pages, for a total number of eleven (11) pages.




completed.



GOOD LUCK!!!





CIVIL LAW

PART I

I

True or False.

a. In civil cases involving the collection of internal revenue taxes, prescription is construedstrictly against the government and liberally in favor of the taxpayer. (1%)

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b. In criminal cases involving tax offenses punishable under the National Internal Revenue Code(NIRC), prescription is construed strictly against the government. (1%)

c. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original jurisdiction, theright to file a separate civil action for the recovery of taxes may be reserved. (1%)

d. Proceedings before the CTA in the exercise of its exclusive original jurisdiction are in thenature of trial de novo. (1%)

e. Judgments, resolutions or orders of the Regional Trial Court in the exercise ofits originaljurisdiction involving criminal offenses arising from violations of the NIRC are

appealable to the CTA, which shall hear the cases en banc. (1%)

II

a. What is the "all events test"? Explain briefly. (2%)b. What is the "immediacy test"? Explain briefly. (2%)c. What is the "rational basis" test? Explain briefly. (2%)d. What is the effect of the execution by a taxpayer of a "waiver of the statute of limitations" on

his defense of prescription? (2%)

e. What is the basis for the computation of business tax on contractors under the LocalGovernment Code? (2%)

f. How are retiring businesses taxed under the Local Government Code? (2%)III

Mirador, Inc., a domestic corporation, filed its Annual Income Tax Return for its taxable year 2008 on

April 15, 2009. In the Return, it reflected an income tax overpayment of P1,000,000.00 and indicated

its choice to carry-over the overpayment as an automatic tax credit against its income tax liabilities in

subsequent years.

On April 15, 2010, it filed its Annual Income Tax Return for its taxable year 2009 reflecting a taxable

loss and an income tax overpayment for the current year 2009 in the amount of P500,000.00 and its

income tax overpayment for the prior year 2008 of P1,000,000.00.

In its 2009 Return, the corporation indicated its option to claim for refund the total income tax

overpayment of P1,500,000.00

Choose which of the following statements is correct.

a. Mirador, Inc. may claim as refund the total income tax overpayment of P1,500,000.00reflected in its income tax return for its taxable year 2009;

b. It may claim as refund the amount of P500,000.00 representing its income tax overpaymentfor its taxable year 2009; or

c. No amount may be claimed as refund.Explain the basis of your answer. (5%)

IV

On March 10, 2010, Continental, Inc. received a preliminary assessment notice (PAN) dated March 1,

2010 issued by the Commissioner of Internal Revenue (CIR) for deficiency income tax for its taxable

year 2008. It failed to protest the PAN. The CIR thereupon issued a final assessment notice (FAN) with

letter of demand on April 30, 2010. The FAN was received by the corporation on May 10, 2010,

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following which or on May 25, 2010, it filed its protest against it.

The CIR denied the protest on the ground that the assessment had already become final and

executory, the corporation having failed to protest the PAN.

Is the CIR correct? Explain. (5%)

V

Does the Court of Appeals have the power to review compromise agreements forged by the

Commissioner of Internal Revenue and a taxpayer? Explain. (5%)

VI

Based on the Affidavit of the Commissioner of Internal Revenue (CIR), an Information for failure to file

income tax return under Section 255 of the National Internal Revenue Code (NIRC) was filed by the

Department of Justice (DOJ) with the Manila Regional Trial Court (RTC) against XX, a Manila resident.

XX moved to quash the Information on the ground that the RTC has no jurisdiction in view of the

absence of a formal deficiency tax assessment issued by the CIR.

Is a prior assessment necessary before an Information for violation of Section 255 of the NIRC could

be filed in court? Explain. (4%)

VII

What are the conditions that must be complied with before the Court of Tax Appeals may suspend the

collection of national internal revenue taxes? (3%)

VIII

What is the rule on appeal from decisions of the Collector of Customs in protest and seizure cases?

When is the decision of the Collector of Customs appealable to the Court of Tax Appeals? Explain.

(5%)

IX

On May 15, 2009, La Manga Trading Corporation received a deficiency business tax assessment of

P1,500,000.00 from the Pasay City Treasurer. On June 30, 2009, the corporation contested the

assessment by filing a written protest with the City Treasurer.

On October 10, 2009, the corporation received a collection letter from the City Treasurer, drawing it to

file on October 25, 2009 an appeal against the assessment before the Pasay Regional Trial Court(RTC).

a. Was the protest of the corporation filed on time? Explain. (3%)b. Was the appeal with the Pasay RTC filed on time? Explain. (3%)

PART II

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X

True or False. (1% each)

a. Gains realized by the investor upon redemption of shares of stock in a mutual fund companyare exempt from income tax.

b. A corporation can claim the optional standard deduction equivalent to 40% of its gross sales orreceipts, as the case may be.

c. Premium payment for health insurance of an individual who is an employee in an amount ofP2,500 per year may be deducted from gross income if his gross salary per year is not more

than P250,000.

d. The Tax Code allows an individual taxpayer to pay in two equal installments, the firstinstallment to be paid at the time the return is filed, and the second on or before July 15 of

the same year, if his tax due exceeds P2,000.

e. An individual taxpayer can adopt either the calendar or fiscal period for purposes of filing hisincome tax return.

f. The capitalization rules may be resorted to by the BIR in order to compel corporate taxpayersto declare dividends to their stockholders regularly.

g. Informers reward is subject to a final withholding tax of 10%.h. A non-resident alien who stays in the Philippines for less than 180 days during the calendar

year shall be entitled to personal exemption not to exceed the amount allowed to citizens of

the Philippines by the country of which he is subject or citizen.

XI

Are the following transactions subject to VAT? If yes, what is the applicable rate for each transaction.

State the relevant authority/ies for your answer.

a. Construction by XYZ Construction Co. of concrete barriers for the Asian Development Bank inOrtigas Center to prevent car bombs from ramming the ADB gates along ADB Avenue in

Mandaluyong City. (3%)

b. Call Center operated by a domestic enterprise in Makati that handles exclusively thereservations of a hotel chain which are all located in North America. The services are paid for

in US$ and duly accounted for with theBangko Sentral ng Pilipinas. (3%)

c. Sale of orchids by a flower shop which raises its flowers in Tagaytay. (3%)XII

Ferremaro, Inc., a manufacturer of handcrafted shoes, maintains its principal office in Cubao, Quezon

City. It has branches/sales offices in Cebu and Davao. Its factory is located in Marikina City where

most of its workers live. Its principal office in Quezon City is also a sales office.

Sales of finished products for calendar year 2009 in the amount of P10 million were made at the

following locations:

i) Cebu branch 25%

ii) Davao branch 15%

iii) Quezon City branch 60%

Total 100%

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MERCANTILE LAW


INSTRUCTIONS

There is only one Examiner in Mercantile Law. Hence, the following questionnaire consists of only ONE

PART with nineteen (19) questions (numbered I to XIX) contained in eleven (11) pages.



completed.



GOOD LUCK!!!





MERCANTILE LAW

I

Briefly describe the following types of banks: (2% each)

a. universal bankb. commercial bankc. thrift bankd. rural banke. cooperative bank

II

a. How do you characterize the legal relationship between a commercial bank and its safetydeposit box client? (2%)

b. Is a stipulation in the contract for the use of a safety deposit box relieving the bank of liabilityin connection with the use thereof valid? (2%)

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c. Differentiate "bank deposits" from "deposit substitutes." (2%)d. Why are banks required to maintain reserves against their deposits and deposit substitutes?

State one of three purposes for these reserves. (2%)

III

Ozamis Paper Corporation secured loans from ABC Universal Bank in the aggregate principal amount

of P100 million, evidenced by several promissory notes, and secured by a continuing guaranty of its

principal stockholder Menandro at P45 million; and a real estate mortgage over certain parcels of land

owned by Marquez.

The corporation defaulted and the bank extra-judicially foreclosed on the real estate mortgage. The

bank, which was the sole bidder for P75 million, won the award.

a. Can the bank sue Marquez for the deficiency of P25 million? Explain. (2%)b. If the bank opts to file an action for collection against the corporation, can it afterwards

institute a real action to foreclose the mortgage? Explain. (2%)

c. Can the bank foreclose on the pledged shares of Marquez and recover the deficiency from thecorporation? Explain. (2%)

IV

Andante Realty, a marketing company that promotes and facilitates sales of real property through

leverage marketing, solicits investors who are required to be a Business Center Owner (BCO) by

paying an enrollment fee of $250. The BCO is then entitled to recruit two other investors who pay

$250 each. The BCO receives $90 from the $250 paid by each of his recruits and is credited a certain

amount for payments made by investors through the initial efforts of his Business Center. Once the

accumulated amount reaches $5,000, the same is used as down payment for the real property chosen

by the BCO.

a.

Does this multi-level marketing scheme constitute an "investment contract" under theSecurities Regulation Code? Define an "investment contract." (2%)

b. What procedure must be followed under the Securities Regulation Code to authorize the saleor offer for sale or distribution of an investment contract? (2%)

c. What are the legal consequences of failure to follow this procedure? (2%)V

Venezia is a famous international fashion chain with outlets in Makati, Ortigas, and Manila. It has

complied with the minimum capitalization required under the Retail Trade Nationalization Act and

carries on retail business worth more than $3 million for each of its outlets. As its Manila outlet is not

doing very well, it decides to sell all of its business there consisting of remaining inventory, furniture

and fixtures and other assets to its competitor.

a. Venezias Manila outlet constitutes one-third (1/3) of its total business. Should it comply withthe requirements of the Bulk Sales Law? Why or why not? (2%)

b. If instead of selling its Manila outlet, Venezia merely mortgages its assets there, would it needto comply with the requirements of the Bulk Sales Law? (2%)

c. What are the legal consequences of a failure to comply with the requirements of the BulkSales Law? (2%)

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corporation.

a. Briefly explain to your client what you see as the legal advantages and disadvantages of usinga separate corporation, a single proprietorship, or a branch of an existing corporation for the

proposed restaurant business. (3%)

b. If you advise your client to use a corporation, what officer positions must the corporation atleast have? (2%)

c. What particular qualifications, if any, are these officers legally required to possess under theCorporation Code? (2%)

X

To secure a loan of P10 million, Mario mortgaged his building to Armando. In accordance with the loan

arrangements, Mario had the building insured with First Insurance Company for P10 million,

designating Armando as the beneficiary.

Armando also took an insurance on the building upon his own interest with Second Insurance

Company for P5 million.

The building was totally destroyed by fire, a peril insured against under both insurance policies. It was

subsequently determined that the fire had been intentionally started by Mario and that in violation of

the loan agreement, he had been storing inflammable materials in the building.

a. How much, if any, can Armando recover from either or both insurance companies? (2%)b. What happens to the P10 million debt of Mario to Armando? Explain. (3%)

XI

Enrique obtained from Seguro Insurance Company a comprehensive motor vehicle insurance to cover

his top of the line Aston Martin. The policy was issued on March 31, 2010 and, on even date, Enrique

paid the premium with a personal check postdated April 6, 2010.

On April 5, 2010, the car was involved in an accident that resulted in its total loss.

On April 10, 2010, the drawee bank returned Enriques check with the notation "Insufficient Funds."

Upon notification, Enrique immediately deposited additional funds with the bank and asked the insurer

to redeposit the check.

Enrique thereupon claimed indemnity from the insurer. Is the insurer liable under the insurance

coverage? Why or why not? (3%)

XII

AA entered into a contract with BB for the latter to transport ladies wear from Manila to France with

transhipment via Taiwan. Somehow the goods were not loaded in Taiwan on time, hence, these

arrived in France "off-season." AA was only paid for onehalf (1/2) the value by the buyer.

AA claimed damages from BB. BB invoked prescription as a defense under the Carriage of Goods by

Sea Act. Considering the "loss of value" of the ladies wear as claimed by AA, is BBs defense tenable?

Explain. (3%)

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XIII

Paolo, the owner of an ocean-going vessel, offered to transport the logs of Constantino from Manila to

Nagoya. Constantino accepted the offer, not knowing that the vessel was manned by an irresponsible

crew with deep-seated resentments against Paolo, their employer.

Constantino insured the cargo of logs against both perils of the sea and barratry. The logs were

improperly loaded on one side, thereby causing the vessel to tilt on one side. On the way to Nagoya,

the crew unbolted the sea valves of the vessel causing water to flood the ship hold. The vessel sank.

Constantino tried to collect from the insurance company which denied liability, given the unworthiness

of both the vessel and its crew.

Constantino countered that he was not the owner of the vessel and he could therefore not be

responsible for conditions about which he was innocent.

a. Is the insurance company liable? Why or why not? (3%)b. What is "barratry" in marine insurance? (2%)

XIV

When OCCIDENTAL Bank folded up due to insolvency, Manuel had the following separate deposits in

his name: P200,000 in savings deposit; P250,000 in time deposit; P50,000 in a current account; P1

million in a trust account; and P3 million in money market placement. Under the Philippine Deposit

Insurance Corporation Act, how much could Manuel recover? Explain. (2%)

XV

While vacationing in Boracay, Valentino surreptitiously took photographs of his girlfriend Monaliza in

her skimpy bikini. Two weeks later, her photographs appeared in the Internet and in a national

celebrity magazine.

Monaliza found out that Valentino had sold the photographs to the magazine and, adding insult to

injury, uploaded them to his personal blog on the Internet.

a. Monaliza filed a complaint against Valentino for damages based on, among other grounds,violation of her intellectual property rights. Does she have any cause of action? Explain. (2%)

b. Valentinos friend Francesco stole the photographs and duplicated them and sold them to amagazine publication. Valentino sued Francesco for infringement and damages. Does Valentino

have any cause of action? Explain. (2%)

c. Does Monaliza have any cause of action against Francesco? Explain. (2%)

XVI

An importer of Christmas toys loaded 100 boxes of Santa Claus talking dolls aboard a ship in Korea

bound for Manila. With the intention of smuggling one-half of his cargo, he took a bill of lading for only

50 boxes. On the voyage to Manila, 50 boxes were jettisoned to save the more precious cargo.

a. Is the importer entitled to receive any indemnity for average? Explain. (2%)b. What are the types of averages in marine commerce? (3%)

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XVII

The Supreme Court has held that fraud is an exception to the "independence principle" governing

letters of credit. Explain this principle and give an example of how fraud can be an exception. (3%)

XVIII

For years, Y has been engaged in the parallel importation of famous brands, including shoes carrying

the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation because of his

appointment as exclusive distributor of MAGIC shoes in the Philippines.

Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as a

trademark and therefore no one has the right to prevent its parallel importation.

a. Who is correct? Why? (2%)b. Suppose the shoes are covered by a Philippine patent issued to the brand owner, what would

your answer be? Explain. (2%)

XIX

Dr. Nobel discovered a new method of treating Alzheimers involving a special method of diagnosing

the disease, treating it with a new medicine that has been discovered after long experimentation and

field testing, and novel mental isometric exercises. He comes to you for advice on how he can have his

discoveries protected.

Can he legally protect his new method of diagnosis, the new medicine, and the new method of

treatment? If no, why? If yes, how? (4%)

NOTHING FOLLOWS.

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CRIMINAL LAW

12 September 2010 2 P.M. 5 P.M.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to XI),

contained in five (5) pages; and Part II with twelve (12) questions (numbered XII to XXIII), contained

in six (6) pages, for a total number of eleven (11) pages.




completed.



GOOD LUCK!!!





CRIMINAL LAW

PART I

I

An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable

doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY of prision

mayor.

The public prosecutor objected to the sentence on the ground that the proper penalty should have

been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.

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The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should

lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY of prision

correccional only. Who of the three is on the right track? Explain. (3%)

II

a. What is the crime of qualified bribery? (2%)b. May a judge be charged and prosecuted for such felony? How about a public prosecutor? A

police officer? Explain. (5%)

III

May a public officer charged under Section 3(b) of Republic Act No. 3019 ["directly or indirectly

requesting or receiving any gift, present, share, percentage or benefit, for himself or for any other

person, in connection with any contract or transaction between the government and any other party,

wherein the public officer in his official capacity has to intervene under the law"] also be

simultaneously or successively charged with direct bribery under Article 210 of the Revised Penal

Code? Explain. (4%)

IV

Because of the barbarity and hideousness of the acts committed by the suspects/respondents in

cutting off their victims appendages, stuffing their torsos, legs, body parts into oil drums and bullet-

riddled vehicles and later on burying these oil drums, vehicles with the use of backhoes and other

earth-moving machinery, the Commission on Human Rights (CHR) investigating team recommended

to the panel of public prosecutors that all respondents be charged with violation of the "Heinous

Crimes Law." The prosecution panel agreed with the CHR. As the Chief Prosecutor tasked with

approving the filing of the Information, how will you pass upon the recommendation? Explain. (5%)

V

Arlene is engaged in the buy and sell of used garments, more popularly known as "ukay-

ukay." Among the items found by the police in a raid of her store in Baguio City were brand-new Louie

Feraud blazers.

Arlene was charged with "fencing." Will the charge prosper? Why or why not? (5%)

VI

There being probable cause to believe that certain deposits and investments in a bank are related to

an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA) No. 9160, as

amended (Anti-Money Laundering Act) an application for an order to allow inquiry into his deposit was

filed with the Regional Trial Court.

After hearing the application, the court granted the application and issued a freeze order.

Pass upon the correctness of the courts order. Explain. (3%)

VII

A widower of ten years, septuagenarian Canuto felt that he had license to engage in voyeurism. If not

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peeping into his neighbors rooms through his powerful single-cylinder telescope, he would trail young,

shapely damsels along the hallways of shopping malls. While going up the escalator, he stayed a step

behind a mini-skirted one, and in a moment of excitement, put his hand on her left hip and massaged

it. The damsel screamed and hollered for help. Canuto was apprehended and brought up on inquest.

What charge/s, if any, may he be held responsible for? Explain. (5%)

VIII

A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a

postdated check in the sum of P90,000.00. Both of them knew that the check would not be honored

because Bs account hadjust been closed. The two then approached trader C whom they asked to

change the check with cash, even agreeing that the exchange be discounted at P85,000.00 with the

assurance that the check shall be funded upon maturity. Upon Cs presentment of the check for

payment on due date, it was dishonored because the account had already been closed.

What action/s may C commence against A and B to hold them to account for the loss of her

P85,000.00? Explain. (5%)

IX

Proserfina, an assistant public high school principal, acted to facilitate the release of salary

differentials and election duty per diem of classroom teachers with the agreement that they would

reimburse her for her expenses.

Did Proserfina commit a crime? Explain. (5%)

X

A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were attacked

by X, Y and Z, members of a rival fraternity. A rumble ensued in which the abovenamed members of

the two fraternities assaulted each other in a confused and tumultuous manner resulting in the deathof A. As it cannot be ascertained who actually killed A, the members of the two fraternities who took

part in the rumble were charged for death caused in a tumultuous affray. Will the charge prosper?

Explain. (4%)

XI

Angelina maintains a website where visitors can give their comments on the posted pictures of the

goods she sells in her exclusive boutique. Bettina posted a comment that the red Birkinbag shown in

Angelinas website is fake and that Angelina is known to sell counterfeit items.

Angelina wants to file a case against Bettina. She seeks your advice. What advice will you give her?

(4%)

PART II

XII

a. Define Money Laundering. What are the three (3) stages in money laundering? (3%)b. What is the doctrine ofpro reo? How does it relate to Article 48 of the Revised Penal Code?

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(3%)

XIII

While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid

Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to

the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled

Dulcinea to death while she was sleeping in the maids quarters.

The following day, Romeo was found catatonic inside the maids quarters. He was brought to the

National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable.

Charged with murder, Romeo pleaded insanity as a defense.

a. Will Romeos defense prosper? Explain. (2%)b. What is the effect of the diagnosis of the NCMH on the case? (2%)

XIV

Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For more than a year, he has

been secretly saving money in an envelope under their bed to buy her an engagement ring. One day,

while Joan was cleaning their room, she found the envelope, took the money, and left Paul. As

prosecutor, what crime, if any, would you charge Joan? Explain. (3%)

XV

Suspecting that her husband of twenty years was having an affair, Leilanie hired a private investigator

to spy on him. After two weeks, the private investigator showed Leilanie a video of her husband

having sexual intercourse with another woman in a room of a five-star hotel. Based on what she saw

on the video, Leilanie accused her husband of concubinage.

Will the case of concubinage prosper? Explain. (3%)

XVI

The president, treasurer, and secretary of ABC Corporation were charged with syndicated estafa under

the following Information:

That on or about the 1st week of January 2010 or subsequent thereto in Cebu City and within

the jurisdiction of this Honorable Court, the above-named accused, conspiring and

confederating together and all of them mutually helping and aiding one another in a

syndicated manner, through a corporation registered with the Securities and Exchange

Commission (SEC), with intention of carrying out the unlawful or illegal act, transaction,enterprise or scheme, with intent to gain and by means of fraud and deceit, did then and there

wilfully, unlawfully, and feloniously defraud Virna, Lana, Deborah and several other persons by

falsely or fraudulently pretending or representing in a transaction or series of transactions,

which they made with complainants and the public in general, to the effect that they were in a

legitimate business of foreign exchange trading successively or simultaneously operating

under the name and style of ABC Corporation and DEF Management Philippines, Incorporated,

induced and succeeded in inducing complainants and several other persons to give and deliver

to said accused the amount of at least P20,000,000.00 on the strength of said manifestations

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and representations, the accused knowing fully well that the abovenamed corporations

registered with the SEC are not licensed nor authorized to engage in foreign exchange trading

and that such manifestations and representations to transact in foreign exchange were false

and fraudulent, that these resulted to the damage and prejudice of the complainants and

other persons, and that the defraudation pertains to funds solicited from the public in general

by such corporations/associations.

Will the case for syndicated estafa prosper? Explain. (5%)

XVII

A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains.

Three years later, the bones of As wife were discovered by X, the gardener. Since X had a standing

warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the

caretaker, found the bones and reported the matter to the police.

After 15 years of hiding, A left the country but returned three years later to take care of his ailing

sibling. Six years thereafter, he< was charged with parricide but raised the defense of prescription.

a. Under the Revised Penal Code, when does the period of prescription of a crime commence torun? (1%)

b. When is it interrupted? (1%)c. Is As defense tenable? Explain. (3%)

XVIII

On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the puppy did not

have a collar, she brought it home so she could have it as a pet. Her son in fact begged Eva Marie to

keep the puppy. The following day, Eva Marie bought a collar for the puppy and brought it to a

veterinarian for treatment.

a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain. (2%)b. Did she incur civil liability? Explain. (2%)

XIX

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food

on the table, Jack started hitting Jill only to apologize the following day.

A week later, the same episode occurred Jack came home drunk and started hitting Jill.

Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floralarrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to

give Jack another chance. After several days, however, Jack again came home drunk. The following

day, he was found dead.

Jill was charged with parricide but raised the defense of "battered woman syndrome."

a. Define "Battered Woman Syndrome." (2%)b. What are the three phases of the "Battered Woman Syndrome"? (3 %)

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c. Would the defense prosper despite the absence of any of the elements for justifyingcircumstances of self-defense under the Revised Penal Code? Explain. (2%)

XX

Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of possession

of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12 ofRepublic Act No. 9165.

Matt filed a petition for probation. Jeff appealed his conviction during the pendency of which he also

filed a petition for probation.

The brothers counsel argued that they being first time offenders, their petitions for probation should

be granted. How would you resolve the brothers petitions for probation? Explain. (3%)

XXI

Because peace negotiations on the Spratlys situation had failed, the Peoples Republic of China

declared war against the Philippines. Myra, a Filipina who lives with her Italian expatriate boyfriend,discovered e-mail correspondence between him and a certain General Tung Kat Su of China.

On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to General

Tung Kat Su, in which he agreed to provide vital information on the military defense of the Philippines

to the Chinese government in exchange for P1 million and his safe return to Italy. Two weeks later,

Myra decided to report the matter to the proper authorities.

Did Myra commit a crime? Explain. (3%)

XXII

Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him to hidein the maids quarters until she finds a better place for him to hide. After two days, Jake transferred to

his aunts house. A week later, Jake was apprehended by the police. Can Jakes mother and aunt be

made criminally liable as accessories to the crime of murder? Explain. (3 %)

XXIII

Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival

fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a

taxicab, held the driver at gunpoint and took the latters earnings.

a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)b. Would your answer be the same if they killed the driver? Explain. (2%)

NOTHING FOLLOWS.

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REMEDIAL LAW


INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with seven (7) questions (numbered I to VII),

contained in seven (7) pages; and Part II with thirteen (13) questions (numbered VIII to XX),

contained in six (6) pages, for a total number of thirteen (13) pages.




completed.



GOOD LUCK!!!



PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).


REMEDIAL LAW

PART I

I

On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio.

To prove the qualifying circumstance of evident premeditation, the prosecution introduced on

December 11, 2009 a text message, which Mabinis estranged wife Gregoria had sent to Emilio on the

eve of his death, reading: "Honey,pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma

tsugi k."

a. A subpoena ad testificandum was served on Gregoria for her to be presented for the purposeof identifying her cellphone and the text message. Mabini objected to her presentation on the

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ground of marital privilege. Resolve. (3%)

b. Suppose Mabinis objection in question A was sustained. The prosecution thereuponannounced that it would be presenting Emilios wife Graciana to identify Emilios cellphone

bearing Gregorias text message. Mabini objected again. Rule on the objection. (2%)

c. If Mabinis objection in question B was overruled, can he object to the presentation of the textmessage on the ground that it is hearsay? (2%)

d. Suppose that shortly before he expired, Emilio was able to send a text message to his wifeGraciana reading "Nasaksak ako. D na me makahinga. Si Mabini ang may gawa ni2." Is this

text message admissible as a dying declaration? Explain. (3%)

II

On August 13, 2008, A, as shipper and consignee, loaded on the M/V Atlantis in Legaspi City 100,000

pieces of century eggs. The shipment arrived in Manila totally damaged on August 14, 2008. A filed

before the Metropolitan Trial Court (MeTC) of Manila a complaint against B Super Lines, Inc. (B Lines),

owner of theM/V Atlantis, for recovery of damages amounting to P167,899. He attached to the

complaint the Bill of Lading.

a. B Lines filed a Motion to Dismiss upon the ground that the Regional Trial Court has exclusiveoriginal jurisdiction over "all actions in admiralty and maritime" claims. In his Reply, Acontended that while the action is indeed "admiralty and maritime" in nature, it is the amount

of the claim, not the nature of the action, that governs jurisdiction. Pass on the Motion to

Dismiss. (3%)

b. The MeTC denied the Motion in question A. B Lines thus filed an Answer raising the defensethat under the Bill of Lading it issued to A, its liability was limited to P10,000.

At the pre-trial conference, B Lines defined as one of the issues whether the stipulation

limiting its liability to P10,000 binds A. A countered that this was no longer in issue as B Lines

had failed to deny under oath the Bill of Lading. Which of the parties is correct? Explain. (3%)

c. On July 21, 2009, B Lines served on A a "Notice to Take Deposition," setting the deposition onJuly 29, 2009 at 8:30 a.m. at the office of its counsel in Makati. A failed to appear at the

deposition-taking, despite notice. As counsel for B Lines, how would you proceed? (3%)

III

Anabel filed a complaint against B for unlawful detainer before the Municipal Trial Court (MTC) of

Candaba, Pampanga. After the issues had been joined, the MTC dismissed the complaint for lack of

jurisdiction after noting that the action was one for accion publiciana.

Anabel appealed the dismissal to the RTC which affirmed it and accordingly dismissed her appeal. She

elevates the case to the Court of Appeals, which remands the case to the RTC. Is the appellate court

correct? Explain. (3%)

IV

X was driving the dump truck of Y along Cattleya Street in Sta. Maria, Bulacan. Due to his negligence,

X hit and injured V who was crossing the street. Lawyer L, who witnessed the incident, offered his

legal services to V.

V, who suffered physical injuries including a fractured wrist bone, underwent surgery to screw a metal

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plate to his wrist bone.

On complaint of V, a criminal case for Reckless Imprudence Resulting in Serious Physical Injuries was

filed against X before the Municipal Trial Court (MTC) of Sta. Maria. Atty. L, the private prosecutor, did

not reserve the filing of a separate civil action.

V subsequently filed a complaint for Damages against X and Y before the Regional Trial Court of

Pangasinan in Urdaneta where he resides. In his "Certification Against Forum Shopping," V made no

mention of the pendency of the criminal case in Sta. Maria.

a. Is V guilty of forum shopping? (2%)b. Instead of filing an Answer, X and Y move to dismiss the complaint for damages on the ground

of litis pendentia. Is the motion meritorious? Explain. (2%)

c. Suppose only X was named as defendant in the complaint for damages, may he move for thedismissal of the complaint for failure of V to implead Y as an indispensable party? (2%)

d. X moved for the suspension of the proceedings in the criminal case to await the decision in thecivil case. For his part, Y moved for the suspension of the civil case to await the decision in the

criminal case. Which of them is correct? Explain. (2%)

e. Atty. L offered in the criminal case his affidavit respecting what he witnessed during theincident. Xs lawyer wanted to cross-examine Atty. L who, however, objected on the ground oflawyer-client privilege. Rule on the objection. (2%)

V

Charisse, alleging that she was a resident of Lapu-Lapu City, filed a complaint for damages against

Atlanta Bank before the RTC of Lapu-Lapu City, following the dishonor of a check she drew in favor of

Shirley against her current account which she maintained in the banks local branch.

The bank filed a Motion to Dismiss the complaint on the ground that it failed to state a cause of action,

but it was denied. It thus filed an Answer.

a. In the course of the trial, Charisse admitted that she was a US citizen residing in Los Angeles,California and that she was temporarily billeted at the Pescado Hotel in Lapu-Lapu City,

drawing the bank to file another motion to dismiss, this time on the ground of improper

venue, since Charisse is not a resident of Lapu-Lapu City.

Charisse opposed the motion citing the "omnibus motion rule." Rule on the motion. (3%)

b. Suppose Charisse did not raise the "omnibus motion rule," can the judge proceed to resolvethe motion to dismiss? Explain. (3%)

c. Suppose the judge correctly denied the second motion to dismiss and rendered judgment infavor of Charisse, ordering the bank to pay her P100,000 in damages plus legal interest. The

judgment became final and executory in 2008. To date, Charisse has not moved to execute

the judgment. The bank is concerned that its liability will increase with the delay because ofthe interest on the judgment award.

As counsel of the bank, what move should you take? (3%)

VI

Antique dealer Mercedes borrowed P1,000,000 from antique collector Benjamin. Mercedes issued a

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postdated check in the same amount to Benjamin to cover the debt.

On the due date of the check, Benjamin deposited it but it was dishonored. As despite demands,

Mercedes failed to make good the check, Benjamin filed in January 2009 a complaint for collection of

sum of money before the RTC of Davao.

Mercedes filed in February 2009 her Answer with Counterclaim, alleging that before the filing of the

case, she and Benjamin had entered into a dacion en pago agreement in which her vintage

P1,000,000 Rolex watch which was taken by Benjamin for sale on commission was applied to settle

her indebtedness; and that she incurred expenses in defending what she termed a "frivolous lawsuit."

She accordingly prayed for P50,000 damages.

a. Benjamin soon after moved for the dismissal of the case. The trial court accordingly dismissedthe complaint. And it also dismissed the Counterclaim.

Mercedes moved for a reconsideration of the dismissal of the Counterclaim. Pass upon

Mercedes motion. (3%)

b. Suppose there was no Counterclaim and Benjamins complaint was not dismissed, andjudgment was rendered against Mercedes for P1,000,000. The judgment became final and

executory and a writ of execution was correspondingly issued.

Since Mercedes did not have cash to settle the judgment debt, she offered her Toyota Camry

model 2008 valued at P1.2 million. The Sheriff, however, on request of Benjamin, seized

Mercedes 17th century ivory image of theLa Sagrada Familia estimated to be worth over

P1,000,000.

Was the Sheriffs action in order? (3%)

VII

As Cicero was walking down a dark alley one midnight, he saw an "owner-type jeepney" approaching

him. Sensing that the occupants of the vehicle were up to no good, he darted into a corner and ran.

The occupants of the vehicle elements from the Western Police District gave chase and

apprehended him.

The police apprehended Cicero, frisked him and found a sachet of 0.09 gram ofshabu tucked in his

waist and a Swiss knife in his secret pocket, and detained him thereafter. Is the arrest and body-

search legal? (3%)

PART II

VIII

Dominique was accused of committing a violation of the Human Security Act. He was

detained incommunicado, deprived of sleep, and subjected to water torture. He later allegedly

confessed his guilt via an affidavit.

After trial, he was acquitted on the ground that his confession was obtained through torture, hence,

inadmissible as evidence.

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In a subsequent criminal case for torture against those who deprived him of sleep and subjected him

to water torture, Dominique was asked to testify and to, among other things, identify his above-said

affidavit of confession. As he was about to identify the affidavit, the defense counsel objected on the

ground that the affidavit is a fruit of a poisonous tree. Can the objection be sustained? Explain. (3%)

IX

In a prosecution for rape, the defense relied on Deoxyribonucleic Acid (DNA) evidence showing that

the semen found in the private part of the victim was not identical with that of the accuseds. As

private prosecutor, how will you dispute the veracity and accuracy of the results of the DNA evidence?

(3%)

X

Marinella is a junior officer of the Armed Forces of the Philippines who claims to have personally

witnessed the malversation of funds given by US authorities in connection with

the Balikatan exercises.

Marinella alleges that as a result of her expos, there are operatives within the military who are out tokill her. She files a petition for the issuance of a writ of amparo against, among others, the Chief of

Staff but without alleging that the latter ordered that she be killed.

Atty. Daro, counsel for the Chief of Staff, moves for the dismissal of the Petition for failure to allege

that his client issued any order to kill or harm Marinella. Rule on Atty. Daros motion. Explain. (3%)

XI

X was arrested for the alleged murder of a 6-year old lad. He was read hisMiranda rights immediately

upon being apprehended.

In the course of his detention, X was subjected to three hours of non-stop interrogation. He remainedquiet until, on the 3rd hour, he answered "yes" to the question of whether "he prayed for forgiveness

for shooting down the boy." The trial court, interpreting Xs answer as an admission of guilt, convicted

him.

On appeal, Xs counsel faulted the trial court in its interpretation of his clients answer, arguing that X

invoked his Miranda rights when he remained quiet for the first two hours of questioning. Rule on the

assignment of error. (3%)

XII

In a prosecution for murder, the prosecutor asks accused Darwin if he had been previously arrested

for violation of the Anti- Graft and Corrupt Practices Act. As defense counsel, you object. The trialcourt asks you on what ground/s. Respond. (3%)

XIII

Policemen brought Lorenzo to the Philippine General Hospital (PGH) and requested one of its surgeons

to immediately perform surgery on him to retrieve a packet of 10 grams of shabu which they alleged

was swal

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