2013 Bar Questions

8/12/2019 2013 Bar Questions

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Remedial law BAR 2013

I.

Alfie Bravo filed with the Regional Trial Court of Caloocan, a complaint for a sum of money against

Charlie Delta. The claim is for Php1.5Million. The complaint alleges that Charlie borrowed the

amount from Alfie and duly executed a promissory note as evidence of the loan. Charlie’s office secretary,

Esther, received the summons at Charlie’s office.

Charlie failed to file an answer within the required period, and Alfie moved to declare Charlie in default

and to be allowed to present evidence ex parte.

Ten days later, Charlie filed his verified answer, raising the defense of full payment with interest.

1. Was there proper and valid service of summons on Charlie?(3%)

2. If declared in default, what can Charlie do to obtain relief?(4%)

II. Yvonne, a young and lonely OFW, had an intimate relationship abroad with a friend, Percy. Although

Yvonne comes home to Manila every six months, her foreign posting still left her husband Dario lonely so

that healso engaged in his own extramarital activities. In one particularlyexhilarating session with his

girlfriend, Dario died. Within 180 days from Dario’s death, Yvonne gives birth in Manila to a baby

boy. Irate relatives of Dario contemplate criminally charging Yvonne for adultery and they hire your law

firm to handle the case.

1. Is the contemplated criminal action a viable option to bring?(3%)

2. Is a civil action to impugn the paternity of the baby boy feasible, and if so, in what proceeding may

such issue be determined? (5%)

III. While in his Nissan Patrol and hurrying home to Quezon City from his work in Makati, Gary figured in a

vehicular mishap along that portion of EDSA within the City of Mandaluyong. He was bumped from

behind by a Ford Expedition SUV driven by Horace who was observed using his

cellular phone at the time of the collision. Both vehicles - more than 5 years old – no longer carried

insurance other than the compulsory third party liability insurance. Gary suffered physical injuries while

his Nissan Patrol sustained damage in excess of Php500,000.

1. As counsel for Gary, describe the process you need to undertake starting from the point of the

incident if Gary would proceed criminally against Horace, and identify the court with jurisdiction over

the case. (3%)

2. If Gary chooses to file an independent civil action for damages, explain briefly this type of action: its

legal basis; the different approaches in pursuing this type of action; the evidence you would need;

and types of defenses you could expect. (5%)

IV.



At the Public Attorney’s Office station in Taguig where you are assigned, your work requires you to act as

public defender at the local Regional Trial Court and to handle cases involving indigents.

1. In one criminal action for qualified theft where you are the defense attorney, you learned that the

woman accused has been in detention for six months, yet she has not been to a courtroom nor seen a

judge.

What remedy would you undertake to address the situation and what forum would you use to invoke this

relief? (3%)

2. In another case, also for qualified theft, the detained young domestic helper has been brought to court

five times in the last six months, but the prosecution has yet to commence the presentation of its

evidence. You find that the reason for this is the continued absence of the employer-complainant who is

working overseas.

What remedy is appropriate and before which forum would you invoke this relief? (3%)3. Still in another case, this time for illegal possession of dangerous drugs, the prosecution has rested but

you saw from the records that the illegal substance allegedly involved has not been identified by any of

the prosecution witnesses nor has it been the subject of any stipulation.

Should you now proceed posthaste to the presentation of defense evidence or consider some other

remedy? Explain the remedial steps you propose to undertake. (3%)

4. In one other case, an indigent mother seeks assistance for her 14-year old son who has been

arrested and detained for malicious mischief.

Would an application for bail be the appropriate remedy or is there another remedy available? Justify

your chosen remedy and outline the appropriate steps to take. (3%)

V.

The spouses Juan reside in Quezon City. With their lottery winnings, they purchased a parcel of land in

Tagaytay City for P100,000.00. In a recent trip to their Tagaytay property, they were surprised to see

hastily assembled shelters of light materials occupied by several families of informal settlers who were

not there when they last visited the property three(3) months ago.

To rid the spouses’ Tagaytay property of these informal settlers, briefly discuss the legal remedy you, as

their counsel, would use; the steps you would take; the court where you would file your remedy if the

need arises; and the reason/s for your actions. (7%)

VI.

While leisurely walking along the street near her house in Marikina, Patty unknowingly stepped on a

garden tool left behind by CCC, a construction company based in Makati. She lost her balance as a

consequence and fell into an open manhole. Fortunately, Patty suffered no major injuries except for



contusions, bruises and scratches that did not require any hospitalization. However, she lost self-esteem,

suffered embarrassment and ridicule, and had bouts of anxiety and bad dreams about the accident. She

wants vindication for her uncalled for experience and hires you to act as counsel for her and to do

whatever is necessary to recover at least Php100,000 for what she suffered.

What action or actions may Patty pursue, against whom, where (court and venue), and under what legal

basis? (7%)

VII.

You are the defense counsel of Angela Bituin who has been charged under RA 3019 (Anti-Graft and

Corrupt Practices Act) before the Sandiganbayan. While Angela has posted bail, she has yet to be

arraigned. Angela revealed to you that she has not been investigated for any offense and that it was only

when police officers showed up at her residence with a warrant of arrest that she learned of the pending

case against her. She wonders why she has been charged before the Sandiganbayan when she is not in

government service.

1. What “before-trial” remedy would you invoke in Angela’s behalf to address the fact that she had not

been investigated at all, and how would you avail of this remedy? (4%)

2. What “during-trial” remedy can you use to allow an early evaluation of the prosecution evidence

without the need of presenting defense evidence; when and how can you avail of this remedy? (4%)

VIII. On his way to the PNP Academy in Silang, Cavite on board a public transport bus as a passenger, Police

Inspector Masigasig of the Valenzuela Police witnessed an on-going armed robbery while the bus was

traversing Makati. His alertness and training enabled him to foil the robbery and to subdue the

malefactor. He disarmed the felon and while frisking him, discovered another handgun tucked in his

waist. He seized both handguns and the malefactor was later charged with the separate crimes of

robbery and illegal possession of firearm.

1. Where should Police Inspector Masigasig bring the felon for criminal processing? To Silang, Cavite

where he is bound; to Makati where the bus actually was when the felonies took place; or back to

Valenzuela where he is stationed? Which court has jurisdiction over the criminal cases?(3%)

2. May the charges of robbery and illegal possession of firearm be filed directly by the investigating

prosecutor with the appropriate court without a preliminary investigation? (4%)

IX. For over a year, Nenita had been estranged from her husband Walter because of the latter’s suspicion

that she was having an affair with Vladimir, a barangay kagawad who lived in nearby Mandaluyong.

Nenita lived in the meantime with her sister in Makati. One day, the house of Nenita’s sister inexplicably

burned almost to the ground. Nenita and her sister were caught inside the house but Nenita survived as

she fled in time, while her sister tried to save belongings and was caught inside when the house

collapsed.



As she was running away from the burning house, Nenita was surprised to see her husband also running

away from the scene. Dr. Carlos, Walter’s psychiatrist who lived near the burned house and whom Walter

medically consulted after the fire, also saw Walter in the vicinity some minutes before the fire.

Coincidentally, Fr. Platino, the parish priest who regularly hears Walter’s confession and who heard it

after the fire, also encountered him not too far away from the burned house.

Walter was charged with arson and at his trial, the prosecution moved to introduce the testimonies of

Nenita, the doctor and the priest-confessor, who all saw Walter at the vicinity of the fire at about the

time of the fire.

1. May the testimony of Nenita be allowed over the objection of Walter? (3%)

2. May the testimony of Dr. Carlos, Walter’s psychiatrist, be allowed over Walter’s objection? (3%)

3. May the testimony of Fr. Platino, the priest-confessor, be allowed over Walter’s objection? (3%)

X.

As a new lawyer, Attorney Novato limited his practice to small claims cases, legal counseling and thenotarization of documents. He put up a solo practice law office and was assisted by his wife who served

as his secretary/helper. He used a makeshift hut in a vacant lot near the local courts and a local transport

regulatory agency. With this practice and location, he did not have big-time clients but enjoyed heavy

patronage assisting walk-in clients.

1. What role can Attorney Novato play in small claims cases when lawyers are not allowed to appear as

counsel in these cases? (3%)

2. What legal remedy, if any, may Attorney Novato pursue for a client who loses in a small claims case

and before which tribunal or court may this be pursued? (4%)

LABOR LAW

I.

Jose and Erica, former sweethearts, both worked as sales representatives for Magna, a multinational firm

engaged in the manufacture and sale of pharmaceutical products. Although the couple had already

broken off their relationship, Jose continued to have special feelings for Erica.

One afternoon, Jose chanced upon Erica riding in the car of Paolo, a co-employee and Erica’s ardent

suitor; the two were on their way back to the office from a sales call on Silver Drug, a major drug

retailer. In a fit of extreme jealousy, Jose rammed Paolo’s car, causing severe injuries to Paolo and Erica.

Jose’s flare up also caused heavy damage to the two company-owned cars they were driving.



(A) As lawyer for Magna, advise the company on whether just and valid grounds exist to dismiss Jose.

(4%)

(B) Assuming this time that Magna dismissed Jose from employment for cause and you are the lawyer of

Jose, how would you argue the position that Jose’s dismissal was illegal? (4%)

II. Gamma Company pays its regular employees P350.00 a day, and houses them in a dormitory inside its

factory compound in Manila. Gamma Company also provides them with three full meals a day.

In the course of a routine inspection, a Department of Labor and Employment (DOLE) Inspector noted

that the workers’ pay is below the prescribed minimum wage of P426.00 plus P30.00 allowance, and thus

required Gamma Company to pay wage differentials.

Gamma Company denies any liability, explaining that after the market value of the company-provided

board and lodging are added to the employees’ P350 cash daily wage, the employees’ effective daily rate

would be way above the minimum pay required by law. The company counsel further points out that the

employees are aware that their food and lodging form part of their salary, and have long accepted the

arrangement.

Is the company’s position legally correct?(8%)

III. Inter-Garments Co. manufactures garments for export and requires its employees to render overtime

work ranging from two to three hours a day to meet its clients’ deadlines. Since 2009, it has been paying

its employees on overtime an additional 35% of their hourly rate for work rendered in excess of their

regular eight working hours.

Due to the slowdown of its export business in 2012, Inter-Garments had to reduce its overtime work; at

the same time, it adjusted the overtime rates so that those who worked overtime were only paid an

additional 25%instead of the previous 35%. To replace the workers’ overtime rate loss, the company

granted a one-time 5% across-the-board wage increase.

Vigilant Union, the rank-and-file bargaining agent, charged the company with Unfair Labor Practice on

the ground that (1) no consultations had been made on who would render overtime work; and (2) the

unilateral overtime pay rate reduction is a violation of Article 100 (entitled Prohibition Against Elimination

or Diminution of Benefits) of the Labor Code.

Is the union position meritorious? (8%)

IV.



Bobby, who was assigned as company branch accountant in Tarlac where his family also lives, was

dismissed by Theta Company after anomalies in the company’s accounts were discovered in the branch

Bobby filed a complaint and was ordered reinstated with full backwages after the Labor Arbiter found that

he had been denied due process because no investigation actually took place.

Theta Company appealed to the National Labor Relations Commission (NLRC) and at the same time

wrote Bobby, advising him to report to the main company office in Makati where he would be reinstated

pending appeal Bobby refused to comply with his new assignment because Makati is very far from Tarlac

and he cannot bring his family to live with him due to the higher cost of living in Makati.

(A) Is Bobby’s reinstatement pending appeal legally correct? (4%)

(B) Advise Bobby on the best course of action to take under the circumstances. (4%)

V.

Cris filed a complaint for illegal dismissal against Baker Company. The Labor Arbiter dismissed the

complaint but awarded Cris financial assistance. Only the company appealed from the Labor Arbiter’s

ruling. It confined its appeal solely to the question of whether financial assistance could be awarded. The

NLRC, instead of ruling solely on the appealed issue, fully reversed the Labor Arbiter’s decision; it found

Baker Company liable for illegal dismissal and ordered the payment of separation pay and full backwages.

Through a petition for certiorari under Rule 65 of the Rules of Court, Baker Company challenged the

validity of the NLRC ruling. It argued that the NLRC acted with grave abuse of discretion when it ruled on

the illegal dismissal issue, when the only issue brought on appeal was the legal propriety of the financial

assistance award.

Cris countered that under Article 218(c) of the Labor Code, the NLRC has the authority to “correct,

amend, or waive any error, defect or irregularity whether in substance or in form” in the exercise of its

appellate jurisdiction.

Decide the case. (8%)

VI.

Because of the stress in caring for her four (4) growing children, Tammy suffered a miscarriage late in

her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further

discovered a suspicious-looking mass that required the subsequent removal of her uterus (hysterectomy).

After surgery, her physician advised Tammy to be on full bed rest for six (6) weeks. Meanwhile, the

biopsy of the sample tissue taken from the mass in Tammy’s uterus showed a beginn ing malignancy that

required an immediate series of chemotherapy once a week for four (4) weeks.

(A) What benefits can Tammy claim under existing social legislation? (4%)



(B) What can Roger-Tammy’s 2nd husband and the father of her two (2) younger children -claim as

benefits under the circumstances? (4%)

VII.

Philippine Electric Company is engaged in electric power generation and distribution. It is a unionizedcompany with Kilusang Makatao as the union representing its rank-and-file employees. During the

negotiations for their expired collective bargaining agreement (CBA), the parties duly served their

proposals and counter-proposals on one another. The parties, however, failed to discuss the merits of

their proposals and counter-proposals in any formal negotiation meeting because their talks already

bogged down on the negotiation ground rules, i.e., on the question of how they would conduct their

negotiations, particularly on whether to consider retirement as a negotiable issue.

Because of the continued impasse, the union went on strike. The Secretary of Labor and Employment

immediately assumed jurisdiction over the dispute to avert widespread electric power interruption in the

country. After extensive discussions and the filing of position papers (before the National Conciliation andMediation Board and before the Secretary himself) on the validity of the union’s strike and on the wage

and other economic issues (including the retirement issue), the DOLE Secretary ruled on the validity of

the strike and on the disputed CBA issues, and ordered the parties to execute a CBA based on his rulings.

Did the Secretary of Labor exceed his jurisdiction when he proceeded to rule on the parties’ CBA positions

even though the parties did not fully negotiate on their own? (8%)

VIII. After thirty (30) years of service, Beta Company compulsorily retired Albert at age 65 pursuant to the

company’s Retirement Plan. Albert was duly paid his full retirement benefits of one (1) month pay for

every year of service under the Plan. Thereafter, out of compassion, the company allowed Albert to

continue working and paid him his old monthly salary rate, but without the allowances that he used to

enjoy.

After five (5) years under this arrangement, the company finally severed all employment relations with

Albert; he was declared fully retired in a fitting ceremony but the company did not give him any further

retirement benefits. Albert thought this treatment unfair as he had rendered full service at his usual hours

in the past five (5) years. Thus, he filed a complaint for the allowances that were not paid to him, and for

retirement benefits for his additional five (5) working years, based either on the company’s Retirement

Plan or the Retirement Pay Law, whichever is applicable.

(A) After Albert’s retirement at age 65, should he be considered a regular employee entitled to all his

previous salaries and benefits when the company allowed him to continue working? (4%)

(B) Is he entitled to additional retirement benefits for the additional service he rendered after age 65?

(4%)



IX.

Pablo works as a driver at the National Tire Company (NTC). He is a member of the Malayang Samahan

ng Manggagawa sa NTC, the exclusive rank-and-file collective bargaining representative in the company.

The union has a CBA with NTC which contains a union security and a check-off clause. The union security

clause contains a maintenance of membership provision that requires all members of the bargaining unitto maintain their membership in good standing with the union during the term of the CBA under pain of

dismissal. The check-off clause on the other hand authorizes the company to deduct from union

members’ salaries defined amounts of union dues and other fees. Pablo refused to issue an authorization

to the company for the check-off of his dues, maintaining that he will personally remit his dues to the

union.

(A) Would the NTC management commit unfair labor practice if it desists from checking off Pablo’s union

dues for lack of individual authorization from Pablo? (4%)

(B) Can the union charge Pablo with disloyalty for refusing to allow the check off of his union dues and,on this basis, ask the company to dismiss him from employment? (4%)

X.

For ten (10) separate but consecutive yearly contracts, Cesar has been deployed as an able-bodied

seaman by Meritt Shipping, through its local agent, Ace Maritime Services (agency), in accordance with

the 2000Philippine Overseas Employment Administration Standard Employment Contract (2000 POEA-

SEC). Cesar’s employment was also covered by a CBA between the union, AMOSl.JP, and Meritt Shipping.

Both the 2000 POEA-SEC and the CBA commonly provide the same mode and procedures for claiming

disability benefits. Cesar’s last contract (for nine months) expired on July 15, 2013.

Cesar disembarked from the vessel M/V Seven Seas on July 16, 2013as a seaman on “finished contract”.

He immediately reported to the agency and complained that he had been experiencing spells of dizziness,

nausea, general weakness, and difficulty in breathing. The agency referred him to Dr. Sales, a cardio-

pulmonary specialist, who examined and treated him; advised him to take a complete rest for a while;

gave him medications; and declared him fit to resume work as a seaman.

After a month, Cesar went back to the agency to ask for re-deployment. The agency rejected his

application. Cesar responded by demanding total disability benefits based on the ailments that he

developed and suffered while on board Meritt Shipping vessels. The claim was based on the certification

of his physician (internist Dr. Reyes) that he could no longer undertake sea duties because of the

hypertension and diabetes that afflicted him while serving on Meritt Shipping vessels in the last 10 years.

Rejected once again, Cesar filed a complaint for illegal dismissal and the payment of total permanent

disability benefits against the agency and its principal.



Assume that you are the Labor Arbiter deciding the case. Identify the facts and issues you would consider

material in resolving the illegal dismissal and disability complaint. Explain your choices and their

materiality, and resolve the case. (8%)

CIVIL LAW

I.

You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage (under

Article 36 of the Family Code)filed by Maria against Neil. Maria claims that Neil is psychologically

incapacitated to comply with the essential obligations of marriage because Neil is a drunkard, a

womanizer, a gambler, and a mama’s boy- traits that she never knew or saw when Neil was courting her.

Although summoned, Neil did not answer Maria’s petition and never appeared in court.

To support her petition, Maria presented three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr. Chantestified on the psychological report on Neil that she prepared. Since Neil never acknowledged n9r

responded to her invitation for interviews, her report is solely based on her interviews with Maria and the

spouses’ minor children. Dr. Chan concluded that Neil is suffering from Narcissistic Personality Disorder,

an ailment that she found to be already present since Neil’s early adulthood and one that is grave and

incurable. Maria testified on the specific instances when she found Neil drunk, with another woman, or

squandering the family’s resources in a casino. Ambrosia, the spouses’ current household help,

corroborated Maria’s testimony.

On the basis of the evidence presented, will you grant the petition? (8%)

II. A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a

businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault.

Based on the police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast clip

from the bicycle’s left, could not brake in time and hit the bicycle’s rear wheel, toppling it and throwing

the bicycle rider into the sidewalk 5 meters away.

The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the concrete

side walk. He was hospitalized and was subsequently operated on, rendering him immobile for 3 weeks

and requiring physical rehabilitation for another 3 months. In his complaint for damages, the rider prayed

for the award ofP1,000,000 actual damages,P200,000 moral damages, P200,000 exemplary damages, P1

00,000 nominal damages and P50,000 attorney’s fees.

Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence

(documentary and testimonial) and legal arguments will you present in court to justify the damages that

your client claims? (8%)



III. Sergio is the registered owner of a 500-square meter land. His friend, Marcelo, who has long been

interested in the property, succeeded in persuading Sergio to sell it to him. On June 2, 2012, they agreed

on the purchase price of P600,000 and that Sergio would give Marcelo up to June30, 2012 within which

to raise the amount. Marcelo, in a light tone usual between them, said that they should seal theiragreement through a case of Jack Daniels Black and P5,000 “pulutan” money which he immediately

handed to Sergio and which the latter accepted. The friends then sat down and drank the first bottle

from the case of bourbon.

On June 15, 2013, Sergio learned of another buyer, Roberto, who was offering P800,000 in ready cash

for the land. When Roberto confirmed that he could pay in cash as soon as Sergio could get the

documentation ready, Sergio decided to withdraw his offer to Marcelo, hoping to just explain matters to

his friend. Marcelo, however, objected when the withdrawal was communicated to him, taking the

position that they have a firm and binding agreement that Sergio cannot simply walk away from because

he has an option to buy that is duly supported by a duly accepted valuable consideration.

(A) Does Marcelo have a cause of action against Sergio? (5%)

(B) Can Sergio claim that whatever they might have agreed upon cannot be enforced because any

agreement relating to the sale of real property must be supported by evidence in writing and they never

reduced their agreement to writing? (3%)

IV.

Anselmo is the registered owner of a land and a house that his friend Boboy occupied for a nominal

rental and on the condition that Boboy would vacate the property on demand. With Anselmo’s

knowledge, Boboy introduced renovations consisting of an additional bedroom, a covered veranda, and a

concrete block fence, at his own expense.

Subsequently, Anselmo needed the property as his residence and thus asked Boboy to vacate and turn it

over to him. Boboy, despite an extension, failed to vacate the property, forcing Anselmo to send him a

written demand to vacate.

In his own written reply, Boboy signified that he was ready to leave but Anselmo must first reimburse

him the value of the improvements he introduced on the property as he is a builder in good faith.

Anselmo refused, insisting that Boboy cannot ask for reimbursement as he is a mere lessee. Boboy

responded by removing the improvements and leaving the building in its original state.

(A) Resolve Boboy’s claim that as a builder in good faith, he should be reimbursed the value of the

improvements he introduced. (4%)

(B) Can Boboy be held liable for damages for removing the improvements over Anselmo’s objection?

(4%)



V.

Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter, Jennifer.

The deed specifically provides that:

“For and in consideration of he love and service Jennifer has shown and given to me, I hereby freely,

voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No. 11550, located in

San Fernando, Pampanga. This donation shall take effect upon my death.”

The deed also contained Jennifer’s signed acceptance, and an attached notarized declaration by Josefa

and Jennifer that the land will remain in Josefa’s possession and cannot be alienated, encumbered, sold

or disposed of while Josefa is still alive.

Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons

supporting your advice. (8%)

VI. Lito obtained a loan of P1,000,000 from Ferdie, payable within one year. To secure payment, Lito

executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter

piece of property.

(A) Would it be legally significant – from the point of view of validity and enforceability – if the loan and

the mortgages were in public or private instruments? (6%)

(B) Lito’s failure to pay led to the extra-judicial foreclosure of the mortgaged real property. Within a year

from foreclosure, Lito tendered a manager’s check to Ferdie to redeem the property. Ferdie refused to

accept payment on the ground that he wanted payment in cash: the check does not qualify as legal

tender and does not include the interest payment. Is Ferdie’s refusal justified? (4%)

VII.

In 2005, Andres built a residential house on a lot whose only access to the national highway was a

pathway crossing Brando’s property. Andres and others have been using this pathway (pathw ay A) since

1980.

In 2006, Brand0 fenced off his property, thereby blocking Andres’ access to the national highway. Andres

demanded that part of the fence be removed to maintain his old access route to the highway (pathway

A), but Brando refused, claiming that there was another available pathway (pathway B) for ingress and

egress to the highway. Andres countered that pathway B has defects, is circuitous, and is extremely

inconvenient to use.

To settle their dispute, Andres and Brando hired Damian, a geodetic and civil engineer, to survey and

examine the two pathways and the surrounding areas, and to determine the shortest and the least

prejudicial way through the servient estates. After the survey, the engineer concluded that pathway B is

the longer route and will need improvements and repairs, but will not significantly affect the use of



Brando’s property. On the other hand, pathway A that had long been in place, is the shorter route but

would significantly affect the use of Brando’s property.

In light of the engineer’s findings and the circumstances of the case, resolve the parties’ right of way

dispute. (6%)

VIII. Ciriaco Realty Corporation (CRC) sold to the spouses Del a Cruz a500-square meter land (Lot A) in

Paranaque. The land now has a fair market value of Pl,200,000. CRC likewise sold to the spouses

Rodriguez, a 700-square meter land (Lot B) which is adjacent to Lot A. Lot B has a present fair market

value of P1,500,000.

The spouses Dela Cruz constructed a house on Lot B, relying on there presentation of the CRC sales

agent that it is the property they purchased. Only upon the completion of their house did the spouses

Dela Cruz discover that they had built on Lot B owned by the spouses Rodriguez, not on Lot A that they

purchased. They spent P 1 000,000 for the house.

As their lawyer, advise the spouses Dela Cruz on their rights and obligations under the given

circumstances, and the recourses and options open to them to protect their interests. (8%)

IX.

Rica petitioned for the annulment of her ten-year old marriage to Richard. Richard hired Atty. Cruz to

represent him in the proceedings. In payment for Atty. Cruz’s acceptance and legal fees, Richard

conveyed to Atty. Cruz a parcel of land in Taguig that he recently purchased with his lotto winnings. The

transfer documents were duly signed and Atty. Cruz immediately took possession by fencing off the

property’s entire perimeter.

Desperately needing money to pay for his mounting legal fees and his other needs and despite the

transfer to Atty. Cruz, Richard offered the same parcel of land for sale to the spouses Garcia. After

inspection of the land, the spouses considered it a good investment and purchased it from Richard.

Immediately after the sale, the spouses Garcia commenced the construction of a three-story building

over the land, but they were prevented from doing this by Atty. Cruz who claimed he has a better right in

light of the prior conveyance in his favor.

Is Atty. Cruz’s claim correct? (8%)

X.

Manuel was born on 12 March 1940 in a 1 000-square meter property where he grew up helping his

father, Michael, cultivate the land. Michael has lived on the property since the land was opened for

settlement at about the time of the Commonwealth government in 193 5, but for some reason never

secured any title to the property other than a tax declaration in his name. He has held the property



through the years in the concept of an owner and his stay was uncontested by others. He has also

conscientiously and continuously paid the realty taxes on the land.

Michael died in 2000 and Manuel – as Michael’s only son and heir -now wants to secure and register title

to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land

and secure its registration in his name.

(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and

register the land in his name? Explain the relevance of these laws to your projected course of action.

(4%)

(B) What do you have to prove to secure Manuel’s objectives and what documentation are necessary?

(4%)

Politcal Law

I.

In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas

Season were seized by agents of the Bureau of Customs. The imported goods were released only on

January 10,2013. A group of importers got together and filed an action for damages before the Regional

Trial Court of Manila against the Department of Finance and the Bureau of Customs.

The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie

with XYZ Corp. which the Bureau had contracted for the lease of ten (10) high powered van cranes but

delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It appears

that the Bureau, despite demand, did not pay XYZ Corp. the Php 1.0 Million deposit and advance rental

required under their contract.

(A) Will the action by the group of importers prosper? (5%)

(B) Can XYZ Corp. sue the Bureau of Customs to collect rentals for the delivered cranes? (5′%)

II. While Congress was in session, the President appointed eight acting Secretaries. A group of Senators

from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court

on the ground that while Congress is in session, no appointment that requires confirmation by the

Commission on Appointments, can be made without the latter’s consent, and that an undersecretary

should instead be designated as Acting Secretary.

Should the petition be granted? (5%)



III. A robbery with homicide had taken place and Lito, Badong and Rolliewere invited for questioning based

on the information furnished by a neighbor that he saw them come out of the victim’s house at about the

time of the robbery/killing. The police confronted the three with this and other information they had

gathered, and pointedly accused them of committing the crime.

Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this

break and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to

serve as the trio’s counsel and to advise them about their rights during the investigation.

Badong and Rollie, weak ened in spirit by Lito’s early admission, likewise admitted their participation. The

trio thus signed a joint extra-judicial confession which served as the main evidence against them at their

trial. They were convicted based on their confession.

Should the judgment of conviction be affirmed or reversed on appeal? (5%)

IV.

Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable

by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the

jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and

the procedures to be followed.

Is the law constitutional? (6%)

V. As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the

party to initiate the moves to impeach the President because he entered into an executive agreement

with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e.,

without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing

harmonious RP-US relations.

Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)

VI.

Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the

Sea.

In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals, argued

that Republic Act No. 7711discarded the definition of the Philippine territory under the Treaty of Paris and

in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine

Archipelagic baselines; and converted internal waters into archipelagic waters.



Is the petition meritorious? (6%)

VII.

As he was entering a bar, Arnold -who was holding an unlit cigarette in his right hand -was handed a

match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light hiscigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard

immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the

matchbox contained marijuana, he immediately arrested Arnold and called in the police.

At the police station, the guard narrated to the police that he personally caught Arnold in possession of

dried marijuana leaves. Arnold did not contest the guard’s statement; he steadfastly remained silent and

refused to give any written statement. Later in court, the guard testified and narrated the statements he

gave the police over Arnold’s counsel’s objections. While Arnold presented his own witnesses to prove

that his possession and apprehension had been set-up, he himself did not testify.

The court convicted Arnold, relying largely on his admission of the charge by silence at the police

investigation and during trial.

From the constitutional law perspective, was the court correct in its ruling? (6%)

VIII. Bobby, an incoming third year college student, was denied admission by his university, a premiere

educational institution in Manila, after he failed in three (3) major subjects in his sophomore year. The

denial of admission was based on the university’s rules and admission policies.

Unable to cope with the depression that his non-admission triggered, Bobby committed suicide. His family

sued the school for damages, citing the school’s grossly unreasonable rules that resulted in the denial of

admission. They argued that these rules violated Bobby’s human rights and the priority consideration that

the Constitution gives to the education of the youth.

You are counsel for the university. Explain your arguments in support of the university’s case. (6%)

IX.

Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member of

the notorious “Akyat-Condo Gang” that has previously broken into and looted condominium units in thearea.

Retired Army Colonel Sangre – who is known as an anti-terrorism fighter who disdained human and

constitutional rights and has been nicknamed “terror of Mindanao” –is now the Head of Security of

Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of robberies

has recently taken place.



On March l, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him

for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have

relented; he was seen walking into the security office flanked by two security guards. Nobody saw him

leave the office afterwards.

Conrad did not go home that night and was never seen again. The following week and after a week-long

search, Vannie feared the worst because of Col. Sangre’s reputation. She thus reported Conrad’s

disappearance to the police. When nothing concrete resulted from the police investigation, Vannie – at

the advice of counsel – f1led a petition for a writ of amparo to compel Col. Sangre and the Sagittarius

Security Office to produce Conrad and to hold them liable and responsible for Conrad’s disappearance.

(A) Did Vannie’s counsel give the correct legal advice? (6%)

(B) If the petition would prosper, can Col. Sangre be held liable and/or responsible for Conrad’s

disappearance? (6%)

X.

The Ambassador of the Republic of Kafiristan referred to you f or handling, the case of the Embassy’s

Maintenance Agreement with CBM, a private domestic company engaged in maintenance work. The

Agreement binds CBM, for a defined fee, to maintain the Embassy’s elevators, air-conditioning units and

electrical facilities. Section 10 of the Agreement provides that the Agreement shall be governed by

Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan

terminated the Agreement because CBM allegedly did not comply with their agreed maintenance

standards.

CBM contested the tennination and filed a complaint againstKafiristan before the Regional Trial Court of

Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit

and to oppose the position that under Section 10 of the Agreement, Kafiristan expressly waives its

immunity from suit.

Under these facts, can the Embassy successfully invoke immunity from suit? (6%)

XI.

In her interview before the Judicial and Bar Council (JBC),Commissioner Annie Amorsolo of the National

Labor Relations Commission claims that she should be given credit for judicial service because as NLRCCommissioner, she has the rank of a Justice of the Court of Appeals; she adjudicates cases that are

appealable to the Court of Appeals; she is assigned car plate No. 10; and she is, by law, entitled to the

rank, benefits and privileges of a Court of Appeals Justice.

If you are a member of the JBC, would you give credit to this explanation? (6%)



XII. In the May 2013 elections, the Allied Workers’ Group of the Philippines (AWGP), representing land -based

and sea-based workers in the Philippines and overseas, won in the party list congressional elections. Atty.

Abling, a labor lawyer, is its nominee.

As part of the party’s advocacy and services, Congressman Abling engages in labor counseling,

particularly for local workers with claims against their employers and for those who need representation

in collective bargaining negotiations with employers. When labor cases arise, AWGP enters its appearance

in representation of the workers and the Congressman makes it a point to be there to accompany the

workers, although a retained counsel also formally enters his appearance and is invariably there.

Congressman Abling largely takes a passive role in the proceedings although he occasionally speaks to

supplement the retained counsel’s statements. It is otherwise in CBA negotiations where he actively

participates.

Management lawyers, feeling that a congressman should not actively participate in cases before labortribunals and before employers because of the influence a congressman can wield, filed a disbarment

case against the Congressman before the Supreme Court for his violation of the Code of Professional

Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under the

Constitution.

Is the cited ground for disbarment meritorious? (6%)

Taxation

I.

In its final adjustment return for the 2010 taxable year, ABC Corp. had excess tax credits arising from its

over-withholding of income payments. It opted to carry over the excess tax credits to the following year.

Subsequently, ABC Corp. changed its mind and applied for a refund of the excess tax credits.

Will the claim for refund prosper? (6%)

II. A group of philanthropists organized a non-stock, non-profit hospital for charitable purposes to provide

medical services to the poor. The hospital also accepted paying patients although none of its income

accrued to any private individual; all income were plowed back for the hospital’s use and not more than

30% of its funds were used for administrative purposes.

Is the hospital subject to tax on its income? If it is, at what rate? (6%)



III. ABC Corporation is registered as a holding company and has an office in the City of Makati. It has no

actual business operations. It invested in another company and its earnings are limited to dividends from

this investment, interests on its bank deposits, and foreign exchange gains from its foreign currency

account. The City of Makati assessed ABC Corporation as a contractor or one that sells services for a fee.Is the City of Makati correct? (6%)

IV.

Atty. Gambino is a partner in a general professional partnership. The partnership computes its gross

revenues, claims deductions allowed under the Tax Code, and distributes the net income to the partners,

including Atty. Gambino, in accordance with its articles of partnership.

In filing his own income tax return, Atty. Gambino claimed deductions that the partnership did not claim,

such as purchase of law books, entertainment expenses, car insurance and car depreciation. The BIR

disallowed the deductions.

Was the BIR correct? (6%)

V.

Mr. Agustin, 75 years old and suffering from an incurable disease, decided to sell for valuable and

sufficient consideration a house and lot to his son. He died one year later.

In the settlement of Mr. Agustin’s estate, the BIR argued that the house and lot were transferred in

contemplation of death and should therefore form part of the gross estate for estate tax purposes.

Is the BIR correct? (7%)

VI.

On October 15, 2005, ABC Corp. imported 1,000 kilos of steel ingots and paid customs duties and VAT to

the Bureau of Customs on the importation. On February 17, 2009, the Bureau of Customs, citing

provisions of the Tariff and Customs Code on post-audit, investigated and assessed ABC Corp. for

deficiency customs duties and VAT.

Is the Bureau of Customs correct? (7%)

VII.

XYZ Law Offices, a law partnership in the Philippines and a VAT-registered taxpayer, received a query by

e-mail from Gainsburg Corporation, a corporation organized under the laws of Delaware, but the e-mail

came from California where Gainsburg has an office. Gainsburg has no office in the Philippines and does

no business in the Philippines.



XYZ Law Offices rendered its opinion on the query and billed Gainsburg US$1,000 for the opinion.

Gainsburg remitted its payment through Citibank which converted the remitted US$1 ,000 to pesos and

deposited the converted amount in the XYZ Law Offices account.

What are the tax implications of the payment to XYZ Law Offices in terms of VAT and income taxes?

(7%)

VIII. Mr. Amado leased a piece of land owned by the Municipality of Pinagsabitan and built a warehouse on

the property for his business operations. The Municipal Assessor assessed Mr. Amado for real property

taxes on the land and the warehouse. Mr. Amado objected to the assessment, contending that he should

not be asked to pay realty taxes on the land since it is municipal property.

Was the assessment proper? (5%)

IX.

In the settlement of the estate of Mr. Barbera who died intestate, his wife renounced her inheritance and

her share of the conjugal property in favor of their children. The BIR determined that there was a taxable

gift and thus assessed Mrs. Barbera as a donor.

Was the BIR correct? (7%)

X.

In 2010, pursuant to a Letter of Authority (LA) issued by the Regional Director, Mr. Abcede was assessed

deficiency income taxes by the BIR for the year 2009. He paid the deficiency. In 2011, Mr. Abcedereceived another LA for the same year 2009, this time from the National Investigation Division, on the

ground that Mr. Abcede’s 2009 return was fraudulent.

Mr. Abcede contested the LA on the ground that he can only be investigated once in a taxable year.

Decide. (7%)

XI.

In 2000, Mr. Belen bought a residential house and lot for P1,000,000. He used the property as his and his

family’s principal residence. It is now year 2013 and he is thinking of selling the property to buy a new

one. He seeks your advice on how much income tax he would pay if he sells the property. The total zonal

value of the property isP5,000,000 and the fair market value per the tax declaration is P2,500,000. He

intends to sell it for P6,000,000.

What material considerations will you take into account in computing the income tax? Please explain the

legal relevance of each of these considerations. (7%)

XII.



You are the retained tax counsel of ABC Corp. Your client informed you that they have been directly

approached with a proposal by a BIR insider (i.e., a middle rank BIR official) on the tax matter they have

referred to you for handling. The BIR insider’s proposal is to settle the matter by significantly reducing

the assessment, but he will get 50% of the savings arising from the reduced assessment.

What tax, criminal and ethical considerations will you take into account in giving your advice? Explain the

relevance of each of these considerations. (9%)

2013 Bar Questions

Documents

Transcript of 2013 Bar Questions