Quiz Bee

7/17/2019 Quiz Bee

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UE Law Journal

QUIZ BEE QUESTIONS

Easy Round

1. When bilateral contracts are vitiated with vices of consent, they are rendered

(a) rescissible.

(b) void.

(c) unenforceable.

(d) voidable.

2. Which of the following are the 4 duties of a lawyer?

(a) To Society, To the ar, to the !onstitution, to the "eo#le

(b) To Society, To the $e#ublic, to the !hurch, to the !lient

(c) To Society, To the !ourts, To the ar, to the !lient

(d) To Society, to the !ourts, to the %", to the ar

&. %t consists in the lac' of #recaution dis#layed in those cases in which thedaage i#ending to be caused is not iediate nor the danger clearlyanifest.

(a) $ec'less %#rudence

(b) egligence

(c) Si#le %#rudence

(d) *ac' of foresight

4. What co#onent of criinal law is e+#ress and i#lied re#eal relevant?

(a) Territoriality

(b) enerality

(c) %rretros#ectivity

(d) ill of attainder

-. erryandering refers to the #ractice of

(a) creating or dividing congressional districts in a anner intended tofavor a #articular #arty or candidate

(b) truancy as a##lied to /ebers of !ongress

(c) loa0ng aong ebers of !ongress

(d) coing u# with guessing gae when it coes to legislation

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(e) coandeering large chun's of the budget for favoured congressionaldistricts

. !ongress ay increase the a##ellate urisdiction of the Su#ree !ourt

(a) anytie it wants

(b) if re3uested by the Su#ree !ourt(c) u#on recoendation of the "resident

(d) only with the advice and concurrence of the Su#ree !ourt

(e) whenever it dees it a##ro#riate, advisable or necessary

. %f not used by the end of the year, the service incentive leave shall be

(a) carried over to the ne+t year.

(b) converted to its oney e3uivalent.

(c) forfeited.

(d) converted to cash and #aid when the e#loyee resigns or retires.

5. When the e#loyer or his re#resentative hurls serious insult on the honor or#erson of the e#loyee, the law says that the e#loyee

(a) ay leave wor' after at least a 0ve6day notice to the e#loyer.

(b) ay leave wor' at any tie and 0le for constructive disissal.

(c) ay leave wor' without giving a &76day notice to the e#loyer.

(d) ay abandon his ob at once.

8. The authority that school adinistrators e+ercise over school children under

their su#ervision, instruction, or custody is called(a) legal #arental authority.

(b) substitute #arental authority.

(c) ordinary #arental authority.

(d) s#ecial #arental authority.

17.When one e+ercises a right recogni9ed by law, 'nowing that he therebycauses an inustice to another, the latter is entitled to recover daages. Thisis 'nown as the #rinci#le of

(a) res i#sa lo3uitur.

(b) danu abs3ue inuria.

(c) vicarious liability.

(d) abuse of rights.

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11.When the "resident orders the !hief of the "hili##ine ational "olice tosus#end the issuance of #erits to carry 0rears outside the residence, the"resident e+ercises

(a) the #ower of control.

(b) the !oander6in6!hief #ower.

(d) the #ower of su#ervision.

(e) the calling out #ower.

12.Who can a'e a donation?

(a) :ll #ersons who can enter into contracts and dis#ose of their #ro#erty.

(b) :ll #ersons who are of legal age and su;er fro no civil interdiction.

(c) :ll #ersons who can a'e a last will and testaent.

(d) :ll #ersons, whether natural or arti0cial, who own #ro#erty.

1. The authority of the court to ta'e cogni9ance of the case in the 0rst instance.(a) :##ellate <urisdiction

(b) eneral <urisdiction

(c) =riginal <urisdiction

(d) >+clusive <urisdiction

1&.The failure of a #arty to tiely obect to the urisdiction of the court willeventually bar hi fro 3uestioning the courts urisdiction because of the#rinci#le of

(a) >sto##el en pais

(b) "rescri#tion

(c) Res Judicata

(d) >sto##el by laches

14.o decree of legal se#aration can be issued

(a) unless the childrens welfare is attended to 0rst.

(b) without #rior e;orts at reconciliation shown to be futile.

(c) unless the court 0rst directs ediation of the #arties.

(d) without #rior investigation conducted by a #ublic #rosecutor.

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Average

1 Which is =T one of the re3uisites in order for an accused to be dischargedas state witness?

(a) There is absolute necessity for the testiony of the accused whose

discharge is re3uested.

(b) The testiony of said accused can be substantially corroborated in itswea' #oints.

(c) There is no direct evidence available for the #ro#er #rosecution of theo;ense coitted, e+ce#t the testiony of the accused.

(d) Said accused has not at anytie been convicted of any o;enseinvolving oral tur#itude.

1-.@ and A, both Bili#inos, were arried and resided in S#ain although theyintend to return to the "hili##ines at soe future tie. They have note+ecuted any arriage settleents. What law governs their #ro#ertyrelations?

(a) They ay choose between S#anish law and "hili##ine law.

(b) "hili##ine law since they are both Bili#inos.

(c) o regie of #ro#erty relations will a##ly to the.

(d) S#anish law since they live in S#ain.

1. :fter a udgent has becoe 0nal and e+ecutory, the following ayconstitute the reedy of the losing #arty. %dentify the i#ro#er reedy.

(a) "etition for relief.

(b) :ction to annul the udgent.

(c) /otion for new trial or reconsideration.

(d) (a) and (b)

1.Who aong the following lawyers are not #rohibited fro #racticing law?

(a) *awyers who were a##ointed as !hairan and ebers of the!onstitutional !oission

(b) *awyers connected with the oCce of the Solicitor eneral

(c) *awyers who are elected as Senators or !ongressen

(d) *awyers who were a##ointed to the <udiciary

1.: grou# of lesbians forces a woan under 15 years of age into a car for the#ur#ose of having her #erfor se+y dances for the are liable for

(a) Serious illegal detention

(b) Borcible abduction

(c) Slavery

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(d) !onsented abduction

15.There can be no co#le+ crie of estafa through falsi0cation of a #rivatedocuent because

(a) a #rivate docuent can be easily falsi0edD

(b) daage is not essential in falsi0cation of a #rivate docuentD(c) the daage caused by the falsi0cation of a #rivate docuent is the

sae as the gain obtained by deceit in estafaD

(d) none of the above.

18.The void6for6vagueness doctrine is a conce#t which eans that

(a) if a law is vague, then it ust be void

(b) any law which could not be understood by layen is a nullity

(c) if a law is inco#rehensible to ordinary #eo#le such that they do notreally 'now what is re3uired or #rohibited, then the law ust be struc'

down

(d) a governent regulation that lac's clear standards is nonsensical anduseless as a guide for huan conduct

(e) clarity in legal language is a andate of due #rocess.

27.irth deterines #ersonality. Eeath e+tinguishes it. Fnder whatcircustances ay the #ersonality of a deceased #erson continue to e+ist?

(a) %n case of re6a##earance of a issing #erson #resued dead.

(b) %n #rotecting the wor's of a deceased under intellectual #ro#erty laws.

(c) %n case of declaration of #resu#tive death of a issing s#ouse.

(d) %n the settleent of the estate of a deceased #erson.

21.When the Su#ree !ourt nulli0ed the decisions of the ilitary tribunal forlac' of urisdiction, it e+cluded fro their coverage decisions of ac3uittalwhere the defendants were deeed to have ac3uired a vested right. %n sodoing, the Su#ree !ourt a##lied

(a) the o#erative fact doctrine.

(c) the rule against double eo#ardy.

(d) the doctrine of su#ervening event.

(d) the orthodo+ doctrine.

22.@, the owner, constituted a 176year usufruct on his land as well as on thebuilding standing on it in As favor. :fter Good totally destroyed the building -years later, @ told A that an act of od terinated the usufruct and that heshould vacate the land. %s @, the owner of the land, correct?

(a) o, since the building was destroyed through no fault of A.

(b) o, since A still has the right to use the land and the aterials left on it.

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(c) Aes, since A cannot use the land without the building.

(d) Aes, since the destruction of the building without the @s faultterinated the usufruct.

2&.The decedent died intestate leaving an estate of "17 illion. He left thefollowing heirs a) /arlon, a legitiate child and b) !ecilia, the legal s#ouse.Eivide the estate.

(a) /arlon gets 1I4 and !ecilia gets &I4.

(b) /arlon gets 2I& and !ecilia 1I&.

(c) /arlon gets 1I2 and !ecilia gets 1I2.

(d) /arlon gets &I4 and !ecilia 1I4.

24.@ insured hiself for "- illion, designating A, his wife, as his solebene0ciary. The designation was irrevocable. : few years later, @ had theirarriage annulled in court on the ground that A had an e+isting #riorarriage. @ subse3uently died, %s A entitled to the insurance bene0ts?

(a) Aes, since the insurance was not de#endent on the arriage.

(b) Aes, since her designation as bene0ciary was irrevocable.

(c) o, @s designation of A is revo'ed by o#eration of law u#on theannulent of their arriage based on As fault.

(d) Aes, since without udicial revocation, @s designation of A reains validand binding.

2-.Bidel, a Bili#ino with fair co#le+ion, arried loria. efore the arriage,loria confessed to Bidel that she was two6onth #regnant with the child of ablac' :frican who had left the country for good. When the child was born,

Bidel could not acce#t it being too blac' in co#le+ion. What is the status of the child?

(a) %llegitiate, because loria confessed that the child is not Bidels.

(b) %llegitiate, because by the color of its s'in, the child could not #ossiblybe that of Bidel.

(c) *egitiate, because the child was born within a valid arriage.

(d) *egitiate, because Bidel agreed to treat the child as his own afterloria told hi who the father was.

2.The liability of the #artners, including industrial #artners for #artnershi#contracts entered into in its nae and for its account, when all #artnershi#assets have been e+hausted is

(a) "ro6rata.

(b) <oint.

(c) Solidary.

(d) Joluntary.

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2.The written agreeent between ::, a resident of :bra, and , a resident of !agayan ade before the suit, states that Kany suit involving this lot locatedin ueva >cia, shall be 0led only in the #ro#er court of "a#anga.L Hence,the suit ust be 0led

(a) %n :bra

(b) %n !agayan

(c) %n ueva >cia

(d) %n "a#anga

Difficult

1 Why is there no declaration of default in cases for nullity of arriage,annulent of arriage and legal se#aration?

(a) The grounds for nullity of arriage, annulent of arriage and legal

se#aration cannot be subect for co#roise under :rticle 27&- of theew !ivil !ode.

(b) Where no answer is 0led, or if the answer does not tender an issue, thecourt shall order the #ublic #rosecutor to investigate whether collusione+ists between the #arties.

(c) The 0ling of a otion for declaration of default is #rohibited under the$ule on Eeclaration of :bsolute ullity of Joid /arriages and:nnulent of Joidable arriages and under the $ule on *egalSe#aration

(d) :ll of the above

25./aria died intestate, leaving her children, *uisa, Murt and /artha as heirs./arias estate consists of two #arcels of land in Nue9on !ity and in ulacan.*uisa and Murt e+ecuted a deed of e+traudicial settleent in 2775, whereinthey agreed to divide the two #ro#erties aong theselves. The deed wasnotari9ed and the fact of e+traudicial settleent was #ublished once a wee'for three consecutive wee's. %n /arch 2711, /artha 0led a case to annul thee+traudicial settleent, claiing she only found out about the e+traudicialsettleent in Bebruary 2711. /arthas #etition should be

(a) Eenied. The two6year #eriod #rovided under $ule 4, Section 4 hasla#sed.

(b) ranted. The e+traudicial settleent is invalid as no bond was 0led by*uisa and Murt.

(c) Eenied. The #ublication of the fact of e+traudicial settleent cured thelac' of notice to /artha.

(d) ranted. The e+traudicial settleent is invalid as /artha did not ta'e#art therein and had no notice thereof.

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28.: udgent or 0nal order or resolution of the !oission on >lections or!oission on :udit ay be brought by the aggrieved #arty to the Su#ree!ourt on certiorari under $ule - (Section 2, $ule 4 of the $evised $ules of !ourt). :ssuing u#on recei#t by the aggrieved #arty of the decision of the!oelec on Eeceber 1-, 277 the aggrieved #arty 0les a otion forreconsideration of the decision. The otion for reconsideration was denied

#er resolution of the !oelec, a co#y of which was received by aggrieved#arty today. Within what tie should the #etition be 0led by the #etitionerwith the Su#ree !ourt?

(a) The fresh #eriod of &7 (&7) days rec'oned fro recei#t of the denialresolutionD

(b) The fresh #eriod of twenty (27) days rec'oned fro recei#t of thedenial resolutionD

(c) The fresh #eriod of 0fteen (1-) days rec'oned fro recei#t of thedenial resolutionD

(d) The reaining #eriod but not less than 0ve (-) days in any event,

rec'oned fro the recei#t of the denial resolution.

&7.* 0les a case against his son (/) involving a faily #ro#erty. Euring thehearing of the case and after court adournent, :tty. @, lawyer of * wasa##roached by *s son /, who befriended hi and as'ed for his calling cardand cell #hone nuber. =ut of civility :tty. @ obliged to give his calling cardand his nuber at the very sight of * who sus#ected that her :tty. cannot betrusted. /ay * terinate the services of @ as her lawyer?

(a) Aes, because it is the right of the client to disiss her lawyer lawyer forwhatever reasonsD

(b) Aes, because of the acts of :tty. @ shows that he could not be trustedD

(c) o, because the giving of card or cell #hone nuber to an adverse#arty or his counsel is not unethicalD

(d) o, because there is no ust cause for the terination of her counsel.

&1.@ saw A burning the 0rst Goor of the two story house of O. To hasten the 0re,@ #oured gasoline into the 0re but 0reen #ut out the 0re before it couldreach the second Goor. What is the liability of @?

(a) !o6#rinci#al to consuated arson

(b) !o6#rinci#al to atte#ted arson

(c) :cco#lice to consuated arson

(d) :ccessory to consuated arson.

&2.The accused a #haracist co#ounded and #re#ared the edicine on the#rescri#tion by a doctor. The accused erroneously used a highly #oisonoussubstance. When ta'en by the #atient, the latter nearly died. What was thecrie coitted?

(a) Brustrated hoicide thru rec'less i#rudence

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(b) "hysical inuries thru rec'less i#rudence

(c) Brustrated urder

(d) Serious #hysical inuries thru rec'less i#rudence

&&.Bederico, a Bili#ino citi9en, igrated to the Fnited States soe si+ years ago

and got a #eranent resident status or green card. He should #ay his"hili##ine incoe ta+es on

(a) the gains derived fro the sale in !alifornia, F.S.:. of ewelry he#urchased in the "hili##ines.

(b) the #roceeds he received fro a "hili##ine insurance co#any as thesole bene0ciary of life insurance ta'en by his father who died recently.

(c) the gains derived fro the sale in the ew Aor' Stoc' >+change of shares of stoc' in "*ET, a "hili##ine cor#oration.

(d) dividends received fro a two year old foreign cor#oration whose grossincoe was derived solely fro "hili##ine sources.

&4.: violation of the tari; and custos laws is the failure to

(a) #ay the custos duties and ta+es and to co#ly with the rules oncustos #rocedures.

(b) #ay the custos duties and ta+es or to co#ly with the rules oncustos #rocedures.

(c) #ay the custos duties and ta+es.

(d) co#ly with the rules on custos #rocedures.

&-."ierre de Savigny, a Brenchan, arrived in the "hili##ines on <anuary 1, 2717and continued to live and engage in business in the "hili##ines. He went on atour of Southeast :sia fro :ugust 1 to oveber -, 2717. He returned tothe "hili##ines on oveber , 2717 and stayed until :#ril 1-, 2711 when hereturned to Brance. He earned during his stay in the "hili##ines a grossincoe of "& illion fro his investents in the country. Bor the year 2717,"ierres ta+able status is that of

(a) a non6resident alien not engaged in trade or business in the "hili##ines.

(b) a non6resident alien engaged in trade or business in the "hili##ines.

(d) a resident alien not engaged in trade or business in the "hili##ines.

(d) a resident alien engaged in trade or business in the "hili##ines.

&.: foreign guest in a lu+ury hotel co#lained that he lost certain valuableites in his hotel roo. :n investigation by the hotel #ointed to tworooboys as the ost #robable thieves. /ay the anageent invo'e Kloss of con0denceL as a ust cause for disissing the rooboys?

(a) o, Kloss of con0denceL as reason for disissal does not a##ly to ran'and 0le e#loyees.

(b) o, Kloss of con0denceL a##lies only to con0dential #ositions.

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(c) Aes, Kloss of con0denceL is broad enough to cover all dishonest acts of e#loyee.

(d) Aes, Kloss of con0denceL a##lies to e#loyees who are charged with thecare and custody of the e#loyerPs #ro#erty.

&.Jenus Ee#artent Store decided to contract out the security services that its17 direct6hired full6tie security guards #rovided. The co#any #aid the ense#aration #ay. With this ove, the Store was able to cut costs and secureeCcient outside #rofessional security services. ut the terinated securityguards co#lained of illegal disissal, claiing that regular obs such astheirs could not be contracted out. Will their co#laint #ros#er?

(a) o. the anageent has the right to contract out obs to secureeCcient and econoical o#erations.

(b) Aes. They should be reinstated or absorbed by the security agency as itse#loyees.

(c) o. They are esto##ed fro deanding reinstateent after receiving

their se#aration #ay.(d) Aes. The co#any cannot contract out regular obs such as they had.

&5.<ose *ovina had been eber of the board of directors and >+ecutive Jice"resident of San <ose !or#oration for 12 years. %n 2775, the San <osestoc'holders did not elect hi to the board of directors nor did the boardrea##oint hi as >+ecutive Jice "resident. He 0led an illegal disissalco#laint with a *abor :rbiter. !ontending that the *abor :rbiter had no

urisdiction over the case since *ovina was not an e#loyee, the co#any0led a otion to disiss. Should the otion be granted?

(a) o, the *abor :rbiter has urisdiction over all terination dis#utes.

(b) Aes, it is the *$! that has urisdiction over dis#utes involving cor#orateoCcers.

(c) o, a otion to disiss is a #rohibited #leading under the *$! $ules of "rocedure.

(d) Aes, urisdiction lies with the regular courts since the co#lainant was acor#orate oCcer.

&8., while drun', acce#ted a #assenger in his ta+icab. then drove the ta+irec'lessly, and inevitably, it crashed into an electric #ost, resulting in serious#hysical inuries to the #assengers. The latter then 0led a suit for tort againstPs o#erator, :, but : raised the defense of having e+ercised e+traordinarydiligence in the safety of the #assenger. %s his defense tenable?

(a) Aes, as a coon carrier can rebut the #resu#tion of negligence byraising such a defense.

(b) o, as in tort actions, the #ro#er defense is due diligence in theselection and su#ervision of the e#loyee by the e#loyer.

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(c) o, as , the coon carrierPs e#loyee, was obviously negligent dueto his into+ication.

(d) Aes, as a coon carrier can invo'e e+traordinary diligence in thesafety of #assengers in tort cases.

47.@ !or#., whose business #ur#ose is to anufacture and sell vehicles, investedits funds in A !or#., an investent 0r, through a resolution of its oard of Eirectors. The investent grew treendously on account of A !or#.Pse+cellent business udgent. ut a inority stoc'holder in @ !or#. assails theinvestent as ultra vires. %s he right and, if so, what is the status of theinvestent?

(a) Aes, it is an ultra vires act of the cor#oration itself but voidable only,subect to stoc'holders rati0cation.

(b) Aes, it is an ultra vires act of its oard of Eirectors and thus void.

(d) Aes, it is an ultra vires act of its oard of Eirectors but voidable only,subect to stoc'holders rati0cation.

(e) Aes, it is an ultra vires act of the cor#oration itself and, conse3uently,void.

41.The "resident issued "roclaation 8-1 declaring a state of eergency andcalling the ared forces to iediately carry out necessary easures tosu##ress terroris and lawless violence. %n the sae #roclaation, hedirected the governentPs te#orary ta'eover of the o#erations of all#rivately owned counication utilities, #rescribing reasonable ters for theta'eover. %s the ta'eover valid?

(a)Aes, it is an i#lied #ower Gowing fro the "residentPs e+ercise of eergency #ower.

(b) o, it is a #ower reserved for !ongress alone.

(c) Aes, subect to rati0cation by !ongress.

(d) o, it is a #ower e+clusively reserved for the "eo#lePs direct action.

Tie-breaker round

1 @, an aateur astronoer, stubled u#on what a##eared to be a assive

volcanic eru#tion in <u#iter while #eering at the #lanet through his telesco#e. The following wee', @, without notes, #resented a lecture on his 0ndingsbefore the :ssociation of :stronoers of the "hili##ines. To his disay, helater read an article in a science ournal written by A, a #rofessionalastronoer, re#eating e+actly what @ discovered without any attribution tohi. Has A infringed on @Ps co#yright, if any?

(a) o, since @ did not reduce his lecture in writing or other aterial for.

(b) Aes, since the lecture is considered @s original wor'.

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4-.:le+ 0led a #etition for writ of a#aro against /elba relative to his daughter ToniPs involuntary disa##earance. :le+ said that /elba was ToniPs e#loyer,who, days before Toni disa##eared, threatened to get rid of her at all costs.=n the other hand, /elba countered that she had nothing to do with ToniPsdisa##earance and that she too' ste#s to ascertain ToniPs whereabouts. Whatis the 3uantu of evidence re3uired to establish the #artiesP res#ective

clais?

(a) Bor :le+, #robable causeD for /elba, substantial evidence.

(b) Bor :le+, #re#onderance of evidenceD for /elba, substantial evidence.

(c) Bor :le+, #roof beyond reasonable doubtD for /elba, ordinary diligence.

(d) Bor both, substantial evidence.

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