Sie sind auf Seite 1von 41

2011 BAR EXMAINATIONS Bar Examination Questionnaire for Criminal Law Set A (1) Isabel, a housemaid, broke into

a pawnshop intent on stealing items of jewelry in it. She found, however, that the jewelry were in a locked chest. Unable to open it, she took the chest out of the shop. What crime did she commit? (A) Robbery in an uninhabited place or in a private building (B) Theft (C) Robbery in an inhabited house or public building. (D) Qualified theft (2) The alternative circumstance of relationship shall NOT be considered between (A) mother-in-law and daughter-in-law. (B) adopted son and legitimate natural daughter. (C) aunt and nephew. (D) stepfather and stepson. (3) Arthur, Ben, and Cesar quarreled with Glen while they were at the latters house. Enraged, Arthur repeatedly stabbed Glen while Ben and Cesar pinned his arms. What aggravating circumstance if any attended the killing of Glen? (A) Evident premeditation. (B) None. (C) Abuse of superior strength. (D) Treachery. (4) The presence of a mitigating circumstance in a crime (A) increases the penalty to its maximum period. (B) changes the gravity of the offense. (C) affects the imposable penalty, depending on other modifying circumstances. (D) automatically reduces the penalty. (5) He is an accomplice who (A) agreed to serve as a lookout after his companions decided to murder the victim.

(B) watched quietly as the murderer stabbed his victim. (C) helped the murderer find the victim who was hiding to avoid detection. (D) provided no help, when he can, to save the victim from dying. (6) Principles of public international law exempt certain individuals from the Generality characteristic of criminal law. Who among the following are NOT exempt from the Generality rule? (A) Ministers Resident (B) Commercial Attache of a foreign country (C) Ambassador (D) Chiefs of Mission (7) As a modifying circumstance, insanity (A) is in the nature of confession and avoidance. (B) may be presumed previous behavior. from the offenders

(C) may be mitigating if its presence becomes apparent subsequent to the commission of the crime. (D) exempts the offender from criminal liability whatever the circumstances. (8) Zeno and Primo asked Bert to give them a sketch of the location of Andys house since they wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place and killed Andy. What crime did Bert commit? (A) Accomplice to murder, since his cooperation was minimal. (B) Accessory to murder, since his map facilitated the escape of the two. (C) None, since he took no step to take part in executing the crime. (D) Principal to murder, since he acted conspiracy with Zeno and Primo. in

(9) A police officer surreptitiously placed a marijuana stick in a students pocket and then arrested him for possession of marijuana cigarette. What crime can the police officer be charged with? (A) None, as it is a case of entrapment (B) Unlawful arrest

(C) Incriminating an innocent person (D) Complex crime of incriminating an innocent person with unlawful arrest (10) The police officer in civilian clothes asked X where he can buy shabu. X responded by asking the officer how much of the drug he needed. When he told him, X left, returned after a few minutes with the shabu, gave it to the officer, and took his money. X is (A) liable for selling since the police operation was a valid entrapment. (B) not liable for selling since the police operation was an invalid entrapment. (C) liable for selling since the police operation was a valid form of instigation. (D) not liable since the police operation was an invalid instigation. (11) Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel against X for maliciously imputing fraud on him. Will the action prosper if it turns out that the civil complaint for damages was baseless? (A) No, since pleadings absolutely privileged. filed in court are

(A) Yes, since the article was libelous and inconsistent with good faith and reasonable care. (B) No, since X but made a fair commentary on a matter of public interest. (C) No, since Xs article constitutes privileged communication. (D) No, since he wrote his article under the freedom enjoyed by the press. (14) The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the wife took the husbands gun and shot him dead. Under the circumstances, her act constitutes (A) mitigating vindication of grave offense. (B) battered woman syndrome, a complete selfdefense. (C) incomplete self-defense. (D) mitigating passion and obfuscation. (15) There is violation of Art. 316, RPC (Other forms of Swindling) where (A) the owner of property sells a property and subsequently rescinds the sale. (B) the real property subject of the sale does not exist. (C) the property was mortgaged for a usurious contract of loan. (D) the owner disposes of his encumbered real property as if it is free from encumbrances. (16) X, a police officer, placed a hood on the head of W, a suspected drug pusher, and watched as Y and Z, police trainees, beat up and tortured W to get his confession. X is liable as (A) as accomplice in violation of the Anti-Torture Act. (B) a principal in violation of the Anti-Torture Act. (C) a principal in violation of the Anti-Hazing Law. (D) an accomplice in violation of the Anti-Hazing Law. (17) Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR) from January to March 2000 and did not get approval of his sick leave application for April because of evidence that he was actually moonlighting elsewhere. Thus, the medical Director caused the withholding of his salary for the periods in question until

(B) No, since malice is not evident. (C) Yes, given the fact that the imputation of fraud was baseless. (D) Yes, parties must state the truth in their pleadings. (12) The maxim "Nullum crimen nula poena sine lege" means that (A) the act is criminal at the time of its commission and recognized as such at the time of its commission but the penalty therefor is prescribed in a subsequently enacted law. (B) the act is criminal and punished under and pursuant to common law. (C) there is a crime for as long as the act is inherently evil. (D) crime is a product of the law. (13) X, a tabloid columnist, wrote an article describing Y, a public official, as stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source from Y's own office who fed him the information. Did X commit libel?

he submitted his DTRs in May 2000. Can Dr. Chow prosecute the medical director for causing him undue injury in violation of the Anti-Graft and Corrupt Practices Act? (A) Yes, since the medical Director acted with evident bad faith. (B) No, since the medical director has full discretion in releasing the salary of government doctors. (C) Yes, since his salary was withheld without prior hearing. (D) No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs. (18) When a penal law is absolutely repealed such that the offense is decriminalized, a pending case charging the accused of the repealed crime is to be (A) prosecuted still since the charge was valid when filed. (B) dismissed without any precondition. (C) dismissed provided the accused is not a habitual delinquent. (D) prosecuted still since the offended party has a vested interest in the repealed law. (19) In malversation of public funds, the offenders return of the amount malversed has the following effect (A) It is exculpatory. (B) It is inculpatory, an commission of the crime. admission of the

(21) Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner is liable for (A) occupation or usurpation of personal property. (B) civil damages only. (C) theft. (D) other deceits. (22) A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called (A) dolo. (B) culpa. (C) tortious crimes. (D) quasi delict. (23) To mitigate his liability for inflicting physical injury to another, an accused with a physical defect must prove that such defect restricted his freedom of action and understanding. This proof is not required where the physical defect consists of (A) a severed right hand. (B) complete blindness. (C) being deaf mute and dumb. (D) a severed leg. (24) An extenuating circumstance, which has the same effect as a mitigating circumstance, is exemplified by (A) the mother killing her 2-day old child to conceal her dishonor. (B) the accused committing theft out of extreme poverty. (C) the accused raping his victim in extreme state of passion. (D) the accused surrendering the weapon he used in his crime to the authorities. (25) Three men gave Arnold fist blows and kicks causing him to fall. As they surrounded and continued hitting him, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart. What crime did Arnold commit? (A) Homicide with incomplete self-defense, since he could have run from his aggressors.

(C) The imposable penalty will depend on what was not returned. (D) It is mitigating. (20) The exchanges of highly offensive words between two quarrelling women in the presence of a crowd of people constitute (A) one count of grave slander against the woman who uttered the more insulting expressions. (B) grave slander against the woman who started it and light slander against the other woman. (C) two separate counts of light slander, one for each woman. (D) two separate counts of grave slander, one against each of them.

(B) Homicide, since he knew that stabbing a person in the heart is fatal. (C) Homicide mitigated by incomplete selfdefense, since stabbing a person to the heart is excessive. (D) No crime, since he needed to repel the aggression, employing reasonable means for doing so. (26) A, B, and C agreed to rob a house of its cash. A and B entered the house while C remained outside as lookout. After getting the cash, A and B decided to set the house on fire to destroy any evidence of their presence. What crime or crimes did C commit? (A) Robbery and arson since arson took place as an incident of the robbery. (B) Robbery and arson since C took no step to stop the arson. (C) Just for robbery since he only agreed to it and served as lookout. (D) Accomplice to robbery since his role in the crime was minimal. (27) X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case? (A) No, since malice is self-evident in the letter. (B) Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states. (C) No, since malice is presumed with respect to defamatory imputations. (D) Yes, since malice is not presumed in libel. (28) X killed B, mistakenly believing that she was his wife, upon surprising her having sex with another man in a motel room. What is the criminal liability of X? (A) None since he killed her under exceptional circumstances. (B) None since he acted under a mistake of fact. (C) Parricide. (D) Homicide. (29) X draws a check upon request of Y, the payee, who told X that he would merely show the check to his creditor to gain more time to pay his account. The check bounced upon presentation by the creditor. Under the

circumstances, who can be prosecuted for estafa based on the dishonored check? (A) Y as the one who negotiated the check contrary to the agreement (B) X as the drawer of the check (C) Both X and Y based on conspiracy (D) None (30) Ana visited her daughter Belen who worked as Caloys housemaid. Caloy was not at home but Debbie, a casual visitor in the house, verbally maligned Belen in Anas presence. Irked, Ana assaulted Debbie. Under the circumstances, dwelling is NOT regarded as aggravating because (A) Dwelling did nothing to provoke Ana into assaulting Debbie. (B) Caloy, the owner of the house, was not present. (C) Debbie is not a dweller of the house. (D) Belen, whom Debbie maligned, also dwells in the house. (31) It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses for no reason at all. For this reason, (A) lack of motive can result in conviction where the crime and the accused's part in it are shown. (B) motive is material only where there is no evidence of criminal intent. (C) lack of motive precludes conviction. (D) the motive of an offender is absolutely immaterial. (32) Minority is a privileged mitigating circumstance which operates to reduce the penalty by a degree where the child is (A) 15 years discernment. and below acting without

(B) above 15 years but below 18 acting without discernment. (C) below 18 years acting with discernment. (D) 18 years old at the time of the commission of the crime acting with discernment. (33) The crime of robbery in an inhabited house or public building is mitigated when the offenders

(A) entered the house using false keys. (B) although armed did not fire their weapons. (C) entered through a window without breaking it. (D) although armed took property valued at only P200. (34) A private person who assists the escape of a person who committed robbery shall be liable (A) as a principal to the crime of robbery. (B) as an accessory to the crime of robbery. (C) as a principal to the crime of obstruction of justice. (D) as an accessory to the crime of obstruction of justice. (35) Which among the following circumstances do NOT qualify the crime of kidnapping? (A) The victim is killed as a consequence of the detention. (B) The offender is a public officer. (C) Ransom is demanded. (D) The victim is raped. (36) Removing, concealing or destroying documents to defraud another constitutes the crime of estafa if committed by (A) any public officer. (B) a public officer officially entrusted with the document. (C) private individuals who executed the same. (D) private individuals. (37) Dagami concealed Bugnas body and the fact that he killed him by setting Bugnas house on fire. What crime or crimes did Dagami commit? (A) Murder, the arson being absorbed already (B) Separate crimes of murder and arson (C) Arson, the homicide being absorbed already (D) Arson with murder as a compound crime (38) Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines and keeps these in his

desk. Charged with libel, can Sam present proof that Judge Odon indeed loves obscene magazines and keeps these in his desk? (A) No, since the imputation is not related to the duties of a judge. (B) No, since Sam does not impute a crime to Judge Odon. (C) No, since Sam imputes the commission of a crime to Judge Odon. (D) Yes, since truth can be a valid defense in libel. (39) X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances (A) X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim. (B) X may plead praetor intentionem since he intended only to scare, not kill Z. (C) X may plead aberratio ictus as he had no intention to hit Z. (D) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun. (40) Which of the following statements constitute Inciting to Sedition? (A) Utterance of statements irritating obnoxious to the ears of the police officers. or

(B) Speeches extolling communism and urging the people to hold a national strike and paralyze commerce and trade. (C) Leaders of jeepney and bus associations shouting "Bukas tuloy ang welga hanggang sa magkagulo na!" (D) Speeches calling for resignation of high government officials. (41) Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by itself in (A) reckless imprudence resulting in murder. (B) medical malpractice. (C) serious imprudence. physical Injuries thru reckless

(D) complex crime of reckless resulting in serious physical injuries.

imprudence

(D) grave coercion. (46) Deeply enraged by his wifes infidelity, the husband shot and killed her lover. The husband subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband invoked and proved? (A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. (B) It will appreciate circumstances separately. all three mitigating

(42) The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a case where (A) Following the killing of his adopted brother, P went to the place where it happened and killed S whom he found there. (B) X kills Y who attempted to rape Xs wife. (C) P severely maltreats S, a septuagenarian, prompting the latter to kill him. (D) M killed R who slandered his wife. (43) To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of necessity? (A) No, because the bystanders had nothing to do with the abandoned truck on the road. (B) No, because the injury done is greater than the evil to be avoided. (C) Yes, since the instinct of self-preservation takes priority in an emergency. (D) Yes, since the bystanders should have kept off the shoulder of the road. (44) The accused was shocked to discover his wife and their driver sleeping in the masters bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he killed the two under exceptional circumstances? (A) No, since the accused had time to reflect when he got his gun. (B) No, since the accused did not catch them while having sexual intercourse. (C) Yes, since the wife and their driver desecrated the marital bed. (D) Yes, since the scene shows that they had an intimate relationship. (45) The three accused forcibly took their victim from his car but the latter succeeded in freeing himself from their grip. What crime did the three accused commit? (A) forcible abduction. (B) frustrated kidnapping. (C) attempted kidnapping.

(C) It will appreciate the circumstances only as one.

three

mitigating

(D) It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another. (47) The aggravating circumstance of uninhabited place is aggravating in murder committed (A) on a banca far out at sea. (B) in a house located in cul de sac. (C) in a dark alley in Tondo. (D) in a partly occupied condominium building. (48) The penalty of perpetual or temporary special disqualification for the exercise of the right of suffrage does NOT deprive the offender of the right (A) to be elected to a public office. (B) to vote in any popular election for a public office. (C) to vote in a plebiscite. (D) to hold any public office. (49) Without meaning anything, Z happened to stare into the eye of one of four men hanging out by a store which he passed. Taking offense, the four mauled and robbed him of his wages. Z went home, took a knife, and stabbed one of his attackers to death. Charged with murder, Z may raise the mitigating circumstance of (A) praeter intentionem. (B) incomplete self-defense preceded by undue provocation. (C) passion or obfuscation.

(D) complete self-defense. (50) A public officer who immediately returns the bribe money handed over to him commits (A) no crime. (B) attempted bribery. (C) consummated bribery. (D) frustrated bribery. (51) Direct bribery is a crime involving moral turpitude. From which of the following elements of direct bribery can moral turpitude be inferred? (A) The offender receives a gift by himself or through another. (B) The offender is a public officer. (C) The offender takes a gift with a view to committing a crime in exchange. (D) The act which the offender agrees to perform or which he executes is connected with his official duties. (52) Insuperable cause is an exempting circumstance which may be applied to (A) robbery. (B) misprision of treason. (C) homicide. (D) rebellion. (53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law? (A) Violation of the Trademark Law committed by an alien in the Philippines. (B) Forgery of US bank notes committed in the Philippines. (C) Crime committed by a Filipino in the disputed Spratly's Island. (D) Plunder committed at his place of assignment abroad by a Philippine public officer. (54) X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left their home-made guns in their vehicle before approaching him. What crime have they committed? (A) Conspiracy to commit indirect assault.

(B) Attempted direct assault. (C) Conspiracy to commit direct assault. (D) Illegal possession of firearms. (55) On hearing a hospital ward patient on the next bed, shrieking in pain and begging to die, Mona shut off the oxygen that was sustaining the patient, resulting in his death. What crime if any did Mona commit? (A) Homicide. (B) Murder if she deliberated on her action. (C) Giving Assistance to Suicide. (D) Euthanasia. (56) When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the crime of (A) treason. (B) piracy. (C) espionage. (D) rebellion. (57) Motive is generally IMMATERIAL in determining criminal liability EXCEPT when (A) several offenders committed the crime but the court wants to ascertain which of them acted as leader. (B) the evidence of the crime consists of both direct and circumstantial evidence. (C) ascertaining the degree of penalty that may be imposed on the offender. (D) the evidence of guilt of the accused is circumstantial. (58) Which of the following circumstances of dishonor of a check can be a basis for prosecution under the bouncing checks law? (A) The check was returned unpaid with stamp "stop payment," although the drawers deposit was sufficient. (B) The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a foreign country. (C) The check was presented to the bank for payment 6 months after the date of issue.

(D) The drawer of the dishonored check paid its value within 5 days from notice of dishonor. (59) X and his step-father have a long-standing enmity. One day, irked by an argument with his step-father, X smashed the windshield of his step-fathers brand new Audi sports car. X is liable for (A) malicious mischief. (B) malicious mischief with the alternative mitigating circumstance of relationship. (C) malicious mischief with the alternative aggravating circumstance of relationship. (D) RIGHT ANSWER the civil damage he caused. (60) The classification of felonies into grave, less grave, and light is important in ascertaining (A) if certain crimes committed on the same occasion can be complexed. (B) the correct penalty for crimes committed through reckless imprudence. (C) whether accomplice. the offender is liable as an

(A) defense of honor. (B) immediate vindication of a grave offense. (C) passion or obfuscation. (D) self-defense. (64) The prescriptive period for bigamy is 15 years counted from the date of the (A) discovery of the second marriage by the offended spouse. (B) registration of the second marriage in the Local Civil Registry. (C) celebration or solemnization of the second marriage. (D) discovery of the second marriage by the authorities. (65) After properly waiving his Miranda rights, the offender led the police to where he buried the gun he used in shooting the victim. How does this affect his liability? (A) This serves as an analogous circumstance of voluntary surrender. mitigating

(D) what stage of the felony has been reached. (61) A child in conflict with the law shall enjoy all the rights of a child until (A) he is found to have acted with discernment. (B) his minority is setoff by some aggravating circumstance. (C) he is proved to be 18 years or older. (D) he forfeits such rights by gross misconduct and immorality. (62) Mr. P owns a boarding house where he knowingly allowed children to be videotaped while simulating explicit sexual activities. What is Mr. P's criminal liability, if any? (A) Corruption of minors under the Penal Code (B) Violation of the Child Pornography Act (C) Violation of the Child Abuse Law (D) None (63) W allowed a man to have sex with her thinking that he was her husband. After realizing that the man was not her husband, W stabbed him to death. Under the circumstances, the mitigating circumstance in attendance constitutes

(B) It has no effect at all since the law provides none. (C) He is considered to have confessed to murder. (D) This serves as aggravating circumstance of concealment of weapon. (66) A qualifying aggravating circumstance (A) changes the description and the nature of the offense. (B) increases the penalty to its next degree but absorbs all the other aggravating circumstances. (C) raises the penalty by two periods higher. (D) is one which applies only in conjunction with another aggravating circumstance. (67) X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he died. Is X criminally liable for the death of Y? (A) Yes because the delay did not break the causal connection between X's felonious act and the injuries sustained by Y.

(B) Yes because any intervening cause between the infliction of injury and death is immaterial. (C) No because the infliction of injury was not the immediate cause of the death. (D) No because the delay in the administration of the medical treatment was an intervening cause. (68) In an attempted felony, the offenders preparatory act (A) itself constitutes an offense. (B) must seem connected to the intended crime. (C) must not be connected to the intended crime. (D) requires another act to result in a felony. (69) X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life. Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for Es death? (A) No, since kicks on the body cannot cause death. (B) No, since it took too long for death to occur. (C) Yes, since E cannot be compelled to undergo medical treatment. (D) Yes, since it was a natural result of the injuries X inflicted on E. (70) 003-1137-0001 A criminal action for extinguished when the offender is forgiven by rape is

(A) made up of 2 or more crimes defined in the Penal Code. (B) with its own definition and special penalty provided by the Penal Code. (C) with its own definition and special penalty provided by a special penal law. (D) made up of 2 or more crimes defined in the Penal Code and special penal laws. (73) What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay? (A) The Indonesian court. (B) The Russian court. (C) The Philippine court. (D) Any court that first asserts jurisdiction over the case. (74) X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y but also Z who was in the store. As a case of aberratio ictus, it is punishable as a (A) complex crime proper. (B) special complex crime. (C) continuing crime. (D) compound crime. (75) A proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in the case of proposal to commit (A) rebellion. (B) sedition. (C) espionage.

(A) RIGHT ANSWER the offenders wife who herself is the rape victim. (B) his wife for having raped another woman. (C) the rape victims husband. (D) the rape victim herself. (71) A battered woman claiming self-defense under the Anti-Violence against Women and Children must prove that the final acute battering episode was preceded by (A) 3 battering episodes. (B) 4 battering episodes. (C) 5 battering episodes. (D) 2 battering episodes. (72) A special complex crime is a composite crime

(D) highway robbery.

Bar Examination Set A

Questionnaire

for

Civil

Law

(C) The original debtor remains liable since he gave no consent to the substitution. (D) The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part. (5) Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a contract between them, no quasi-delict could arise. Is the airline correct? (A) No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice. (B) No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act. (C) Yes, since the facts show a breach of contract, not a quasi-delict. (D) Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties. (6) Which of the following is an indispensable requirement in an action for "quieting of title" involving real property? The plaintiff must (A) be in actual possession of the property. (B) be the registered owner of the property. (C) have legal or equitable title to the property. (D) be the beneficial owner of the property. (7) X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Ys heirs get the property? (A) No, since the marriage did not take place. (B) Yes, since all the requisites of a donation of an immovable are present. (C) No, since the donation and its acceptance are not in a public instrument. (D) Yes, since X freely donated the property to Y who became its owner.

(1)When does a declaration of absence of a missing person take effect? (A) Immediately from declaration of absence. the issuance of the

(B) 3 months after the declaration of absence. (C) 6 months after the declaration of absence.

publication

of

the

publication

of

the

(D) 15 days from the issuance of the declaration of absence. (2) The authority that school administrators exercise over school children under their supervision, instruction, or custody is called (A) legal parental authority. (B) substitute parental authority. (C) ordinary parental authority. (D) special parental authority. (3) Can future inheritance be the subject of a contract of sale? (A) No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public policy. (B) Yes, since the death of the decedent is certain to occur. (C) No, since the seller owns no inheritance while his predecessor lives. (D) Yes, but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate have been paid. (4) Upon the proposal of a third person, a new debtor substituted the original debtor without the latters consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtors default upon the original debtor? (A) The original debtor is freed of liability since novation took place and this relieved him of his obligation. (B) The original debtor shall pay or perform the obligation with recourse to the new debtor.

(8) Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented himself as a macho man he was actually gay. He would not go to bed with her. He kept obscene magazines of nude men and always sought the company of handsome boys. What legal remedy does Lily have? (A) She can file an action for annulment of marriage on ground of fraud. (B) She can seek a declaration of nullity of the marriage based on Renes psychological incapacity. (C) She can go abroad and file for divorce in a country that can grant it. (D) She has none since she had the opportunity to examine the goods and freely entered into the marriage. (9) Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A, B, C, D, and E, without indicating the share of each donee. All the donees accepted the donation in writing. A, one of the donees, died. Will B, C, D, and E get As share in the money? (A) Yes, accretion will automatically apply to the joint-donees in equal shares. (B) Yes, since the donors intention is to give the whole of P50 million to the jointdonees in equal shares. (C) No, A"s share will revert to the donor because accretion applies only if the joint-donees are spouses. (D) No, As share goes to his heirs since the donation did not provide for reversion to donor. (10) Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do Ester and Rufus have a remedy for keeping the land within their family? (A) Yes, they may be subrogated to Raffys right by reimbursing to him within the required time what he paid Raul. (B) Yes, they may be subrogated to Raffys right provided they buy him out before he registers the sale. (C) No, they can be subrogated to Raffys right only with his conformity. (D) No, since there was no impediment to Raul selling his inheritance to a stranger. (11) When one exercises a right recognized by law, knowing that he thereby causes an injustice to another,

the latter is entitled to recover damages. This is known as the principle of (A) res ipsa loquitur. (B) damnum absque injuria. (C) vicarious liability. (D) abuse of rights. (12) Which of the following is NOT a basis for rendering a disinheritance defective or imperfect? (A) Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died. (B) The truth of its cause is denied and not sufficiently proved by evidence. (C) Its cause is not authorized by the law. (D) Its cause is not specified. (13) Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on Manuels nondisclosure of his previous crime? (A) No, since the assumption is that marriage forgives all past wrongs. (B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment. (C) No, in case of doubt, the law must be construed to preserve the institution of marriage. (D) No, since Manuel already served the penalty for his crime. (14) Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome where he acquired Italian citizenship. He got a divorce from Helen in Rome but, on returning to the Philippines, he realized his mistake, asked forgiveness of his wife, and resumed living with her. They had 2 more children. What is the status of their 4 children? (A) The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a Filipino. (B) The divorce rendered illegitimate the children born before it since the marriage that begot them had been nullified.

(C) The children born before and after the divorce are all legitimate since Philippine law does not recognize divorce. (D) All the children are legitimate since they were born of the same father and mother. (15) Who can make a donation? (A) All persons who can enter into contracts and dispose of their property. (B) All persons who are of legal age and suffer from no civil interdiction. (C) All persons who can make a last will and testament. (D) All persons, whether natural or artificial, who own property. (16) The liability of the partners, including industrial partners for partnership contracts entered into in its name and for its account, when all partnership assets have been exhausted is (A) Pro-rata. (B) Joint. (C) Solidary. (D) Voluntary. (17) When can a missing person who left someone to administer his property be declared an absentee by the court? When he has been missing for (A) 2 years from the receipt of the last news about him. (B) 7 years from the receipt of the last news about him. (C) 10 years from the receipt of the last news about him. (D) 5 years from the receipt of the last news about him. (18) Which of the following claims against the debtor enjoys preference over the others with respect to his specific immovable property and real rights? (A) Unpaid price of real property sold, upon the immovable property. (B) Mortgage credits recorded in the registry of property, upon the mortgaged real estate. (C) Taxes due, upon the land or building.

(D) Expenses for the preservation and improvement of property, when the law authorizes reimbursement, upon the preserved or improved immovable. (19) When bilateral contracts are vitiated with vices of consent, they are rendered (A) rescissible. (B) void. (C) unenforceable. (D) voidable. (20) An agent, authorized by a special power of attorney to sell a land belonging to the principal succeeded in selling the same to a buyer according to the instructions given the agent. The agent executed the deed of absolute sale on behalf of his principal two days after the principal died, an event that neither the agent nor the buyer knew at the time of the sale. What is the standing of the sale? (A) Voidable. (B) Valid. (C) Void. (D) Unenforceable. (21) Spouses A and B leased a piece of land belonging to B's parents for 25 years. The spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed against A and B, the court found the latter liable to C for P200,000.00. When the sheriff was attaching their house for the satisfaction of the judgment, A and B claimed that it was exempt from execution, being a family home. Is this claim correct? (A) Yes, because while Bs parents own the land, they agreed to have their daughter build her family home on it. (B) No, because there is no judicial declaration that it is a family home. (C) No, since the land does not belong to A and B, it cannot qualify as a family home. (D) Yes, because the A and Bs family actually lives in that house. (22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in installments of P10 million per month with 6% interest per annum. Solomon married Lorna after 5 months and they chose conjugal partnership of gains to govern their property relations. When they married, Aragon had an unpaid balance of P50 million plus interest in Solomons favor. To whom will Aragons monthly payments go after the marriage?

(A) The principal shall go to the conjugal partnership but the interests to Solomon. (B) Both principal and interests shall go to Solomon since they are his exclusive properties. (C) Both principal and interests shall go to the conjugal partnership since these become due after the marriage. (D) The principal shall go to Solomon but the interests to the conjugal partnership. (23) X and Y, although not suffering from any impediment, cohabited as husband and wife without the benefit of marriage. Following the birth of their child, the couple got married. A year after, however, the court annulled the marriage and issued a decree of annulment. What is the present status of the child? (A) Legitimated. (B) Illegitimate. (C) Natural child. (D) Legitimate. (24) When A and B married, they chose conjugal partnership of gains to govern their property relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of the latters psychological incapacity. What liquidation procedure will they follow in disposing of their assets? (A) They will follow the rule governing the liquidation of a conjugal partnership of gains where the party who acted in bad faith forfeits his share in the net profits. (B) Since the marriage has been declared void, the rule for liquidation of absolute community of property shall be followed. (C) The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage. (D) The law on liquidation of partnerships applies. (25) X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y and (b) on the economic regime that will govern X and Ys property relations. Is the verbal agreement valid? (A) No, because a marriage settlement to be valid should be in writing. (B) Yes, since ante-nuptial agreements need not be in writing.

(C) No, because a marriage settlement cannot include an agreement on the paternity of an illegitimate child. (D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract. (26) Spouses X and Y have a minor daughter, Z, who needs support for her education. Both X and Y, who are financially distressed, could not give the needed support to Z. As it happens, Zs other relatives are financially capable of giving that support. From whom may Z first rightfully demand support? From her (A) grandfather. (B) brother. (C) uncle. (D) first cousin. (27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidel could not accept it being too black in complexion. What is the status of the child? (A) Illegitimate, because Gloria confessed that the child is not Fidels. (B) Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel. (C) Legitimate, because the child was born within a valid marriage. (D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who the father was. (28) The husbands acts of forcibly ejecting his wife without just cause from the conjugal dwelling and refusing to take her back constitutes (A) desertion. (B) recrimination. (C) constructive abandonment. (D) de facto separation. (29) In his will, the testator designated X as a legatee to receive P2 million for the purpose of buying an ambulance that the residents of his Barangay can use. What kind of institution is this? (A) a fideicomissary institution. (B) a modal institution.

(C) a conditional institution. (D) a collective institution. (30) X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died, Is Y entitled to the insurance benefits? (A) Yes, since the insurance was not dependent on the marriage. (B) Yes, since her designation as beneficiary was irrevocable. (C) No, Xs designation of Y is revoked by operation of law upon the annulment of their marriage based on Ys fault. (D) Yes, since without judicial revocation, Xs designation of Y remains valid and binding. (31) May a spouse freely donate communal or conjugal property without the consent of the other? (A) Absolutely not, since the spouses co-own such property. (B) Yes, for properties that the family may spare, regardless of value. (C) Yes, provided the donation is moderate and intended for charity or family rejoicing. (D) Yes, in a donation mortis causa that the donor may still revoke in his lifetime. (32) The decedent died intestate leaving an estate of P10 million. He left the following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse. Divide the estate. (A) Marlon gets 1/4 and Cecilia gets 3/4. (B) Marlon gets 2/3 and Cecilia 1/3. (C) Marlon gets 1/2 and Cecilia gets 1/2. (D) Marlon gets 3/4 and Cecilia 1/4. (33) Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the principle of (A) Relativity of contracts. (B) Freedom to stipulate.

(C) Mutuality of contracts. (D) Obligatory force of contracts. (34) A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer? (A) He can accept all 6,000 apples and pay the seller at P20 per apple. (B) He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples. (C) He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them anyway. (D) He can cancel the whole transaction since the seller violated the terms of their agreement. (35) Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract? (A) Unenforceable. (B) Voidable. (C) Rescissible. (D) Void. (36) Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages? (A) Yes. X is liable whether or not he was aware of the hidden defect. (B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y. (C) No, because Y is in estoppel, having changed engine without prior demand. (D) No, because Y waived the warranty against hidden defects. (37) Acme Cannery produced sardines in cans known as "Sards." Mylene bought a can of Sards from a store, ate it, and suffered from poisoning caused by a noxious substance found in the sardines. Mylene filed a case for damages against Acme. Which of the following defenses will hold?

(A) The expiry date of the "Sards" was clearly printed on its can, still the store sold and Mylene bought it. (B) Mylene must have detected the noxious substance in the sardines by smell, yet she still ate it. (C) Acme had no transaction with Mylene; she bought the "Sards" from a store, not directly from Acme. (D) Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such presumption. (38) Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernandos death, Marina was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the disposable free portion of Fernandos estate? (A) Yes, since the prohibition against remarrying is absolute, it is deemed not written. (B) Yes, because the prohibition is inhuman and oppressive and violates Marinas rights as a free woman. (C) No, because the nullity of the prohibition also nullifies the legacy. (D) No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money. (39) X, the owner, constituted a 10-year usufruct on his land as well as on the building standing on it in Ys favor. After flood totally destroyed the building 5 years later, X told Y that an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct? (A) No, since the building was destroyed through no fault of Y. (B) No, since Y still has the right to use the land and the materials left on it. (C) Yes, since Y cannot use the land without the building. (D) Yes, since the destruction of the building without the Xs fault terminated the usufruct. (40) In gratitude, the grooms parents made a donation of a property in writing to the brides parents shortly before their childrens wedding. The donation was accepted. What is the nature of the donation? (A) It is an ordinary donation since it was not given to the bride or groom.

(B) It is donation propter nuptias since it was given with the marriage in mind. (C) It is an indirect donation propter nuptias since the bride would eventually inherit the property from her parents. (D) It is a remunatory donation. (41) X and Y, both Filipinos, were married and resided in Spain although they intend to return to the Philippines at some future time. They have not executed any marriage settlements. What law governs their property relations? (A) They may choose between Spanish law and Philippine law. (B) Philippine law since they are both Filipinos. (C) No regime of property relations will apply to them. (D) Spanish law since they live in Spain. (42) Birth determines personality. Death extinguishes it. Under what circumstances may the personality of a deceased person continue to exist? (A) In case of re-appearance of a missing person presumed dead. (B) In protecting the works of a deceased under intellectual property laws. (C) In case of declaration of presumptive death of a missing spouse. (D) In the settlement of the estate of a deceased person. (43) Six tenants sued X, the landowner, for willfully denying them water for their farms, which water happened to flow from land under Xs control, his intention being to force them to leave his properties. Is X liable for his act and why? (A) No, because the tenants must be content with waiting for rainfall for their farms. (B) No, since X owns both the land and the water. (C) Yes, because the tenants farms have the natural right of access to water wherever it is located. (D) Yes, since X willfully caused injury to his tenants contrary to morals, good customs or public policy. (44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each other, EXCEPT when

(A) the brother or sister who needs support lives in another place. (B) such brothers and sisters are not recognized by their father. (C) the brother or sister in need stops schooling without valid reason. (D) the need for support of a brother or sister, already of age, is due to the latter's fault. (45) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child, surreptitiously entered the garden and merrily romped around the ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MBs parents sued Virgilio for damages arising from their childs death, premised on the principle of "attractive nuisance". Is Virgilio liable for the death of MB? (A) No, the child was 7 years old and knew the dangers that the pool offered. (B) Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming near it. (C) No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it that would attract a 7-year old child. (D) Yes, since Virgilio did not cover the swimming pool while not in use to prevent children from falling into it. (46) The term of a 5-year lease contract between X the lessor and Y the lessee, where rents were paid from month to month, came to an end. Still, Y continued using the property with Xs consent. In such a case, it is understood that they impliedly renewed the lease (A) from month to month conditions as to the rest. under the same

(C) No, the transfer of ownership has been completed. (D) Yes, the donation is not deemed made until the suspensive condition has been fulfilled. (48) Illegitimate children, those not recognized by their biological fathers, shall use the surname of their (A) biological father subject to no condition. (B) mother or biological father, at the mothers discretion. (C) mother. (D) biological father unless he judicially opposes it. (49) Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his consent, his friend Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land? (A) No, but the bank can foreclose and pay Boyong back. (B) No, since Boyong paid for Asiongs loan without his approval. (C) Yes, since a change of creditor took place by novation with the banks consent. (D) Yes, since it is but right that Boyong be able to get back his money and, if not, to foreclose the mortgage in the manner of the bank. (50) Congress passed a law imposing taxes on income earned out of a particular activity that was not previously taxed. The law, however, taxed incomes already earned within the fiscal year when the law took effect. Is the law valid? (A) No, because laws are prospective, not retroactive. intended to be

(B) under the same terms and conditions as before. (C) under the same terms except the rent which they or the court must fix. (D) for only a year, with the rent raised by 10% pursuant to the rental control law. (47) Rex, a philanthropist, donated a valuable lot to the municipality on the condition that it will build a public school on such lot within 2 years from its acceptance of the donation. The municipality properly accepted the donation but did not yet build the public school after 2 years. Can Rex revoke the donation? (A) Yes, since the donation is subject to a resolutory condition which was not fulfilled. (B) No, but Rex is entitled to recover the value of the land from the municipality.

(B) No, the law is arbitrary in that it taxes income that has already been spent. (C) Yes, since tax laws are the lifeblood of the nation. (D) Yes, tax laws are an exception; they can be given retroactive effect. (51) Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When the loan matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him. Before Rudolf could comply, Fernando went to see him personally to collect and he paid him. Did Rudolf make a valid payment?

(A) No, since Rudolf should have split the payment between Rodrigo and Fernando. (B) No, since Rodrigo, the other solidary creditor, already made a prior demand for payment from Rudolf. (C) Yes, since the payment covers the whole obligation. (D) Yes, since Fernando was a solidary creditor, payment to him extinguished the obligation. (52) What happens to the property regimes that were subsisting under the New Civil Code when the Family Code took effect? (A) The original property regimes are immutable and remain effective. (B) Those enjoying specific regimes under the New Civil Code may adopt the regime of absolute community of property under the Family Code. (C) Those that married under the New Civil Code but did not choose any of its regimes shall now be governed by the regime of absolute community of property. (D) They are superseded by the Family Code which has retroactive effect. (53) The testator executed a will following the formalities required by the law on succession without designating any heir. The only testamentary disposition in the will is the recognition of the testator's illegitimate child with a popular actress. Is the will valid? (A) Yes, since in recognizing his illegitimate child, the testator has made him his heir. (B) No, because the non-designation of heirs defeats the purpose of a will. (C) No, the will comes to life only when the proper heirs are instituted. (D) Yes, the recognition of an illegitimate heir is an ample reason for a will. (54) A left B, his wife, in the Philippines to work in Egypt but died in that country after a years continuous stay. Two months after As death, B gave birth to a child, claiming it is As child. Who can assail the legitimacy of the child? (A) As other heirs apart from B. (B) The State which has interest in the welfare of overseas contract workers. (C) Any one who is outraged by Bs claim.

(D) No one since A died. (55) QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials. What is the status of the marriage. (A) Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present. (B) Void, because the couple did not get local permit for a beach wedding. (C) Voidable, because the Judge acted beyond his territorial jurisdiction and is administratively liable for the same. (D) Void, because the Judge did not solemnize the marriage within the premises of his court. (56) X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who were sisters, were separated when they were quite young. Since X did not want to continue with the relation when he heard of it, he left Y, came to the Philippines and married Z. Can X be held liable for bigamy? (A) No since Xs marriage to Y is void ab initio or did not exist. (B) No since X acted in good faith, conscious that public policy did not approve of marriage between first cousins. (C) Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y. (D) Yes since his first marriage to Y in Los Angeles is valid. (57) Allan bought Billys property through Carlos, an agent empowered with a special power of attorney (SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay directly to him. On learning of this, Carlos, Billy's agent, told Allan to pay through him as his SPA provided and to protect his commission. Faced with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct? (A) No, since consignation without tender of payment is allowed in the face of the conflicting claims on the plaintiff. (B) Yes, as owner of the property sold, Billy can demand payment directly to himself.

(C) Yes, since Allan made no announcement of the tender. (D) Yes, a tender of payment is required for a valid consignation. (58) X sold Y 100 sacks of rice that Y was to pick up from Xs rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid? (A) Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate. (B) No, the buyer is entitled to a customary 30day extension of his obligation to take delivery of the goods. (C) No, since there was no express agreement regarding automatic rescission. (D) No, the seller should first determine that Y was not justified in failing to appear. (59) The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed without complying with a condition precedent. Is the dismissal proper? (A) No, efforts at a compromise will only deepen the wifes anguish. (B) No, since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing. (C) Yes, to avoid a family feud that is hurtful to everyone. (D) Yes, since the dispute could have been settled with the parties agreeing to legal separation. (60) An Australian living in the Philippines acquired shares of stock worth P10 million in food manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will govern the validity of the disposition in the will? (A) Australia law since his legal wife and legitimate child are Australians and domiciled in Australia. (B) Australian law since the intrinsic validity of the provisions of a will is governed by the decedents national law.

(C) Philippine law since the decedent died in Manila and he executed his will according to such law. (D) Philippine law since the decedents properties are in the Philippines. (61) X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father. Unwilling to do so, Xs heirs filed an action for specific performance against Y. Will their action prosper? (A) No, after more than 6 years, the action to enforce the verbal agreement has already elapsed. (B) No, since the sale cannot under the Statute of Frauds be enforced. (C) Yes, since X bought the land and paid Y for it. (D) Yes, after full payment, the action became imprescriptible. (62) A court declared Ricardo, an old bachelor, an absentee and appointed Cicero administrator of his property. After a year, it was discovered that Ricardo had died abroad. What is the effect of the fact of his death on the administration of his property? (A) With Ricardo no longer an absentee but a deceased person, Cicero will cease to be administrator of his properties. (B) The administration shall be given by the court having jurisdiction over the intestate proceedings to a new administrator whom it will appoint. (C) Cicero automatically becomes administrator of Ricardos estate until judicially relieved. (D) Ciceros alienations of Ricardo's property will be set aside. (63) Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? (A) Yes, the imprescriptible. action for annulment is

(B) No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force and intimidation had ceased . (C) No, since the action prescribed 5 years from the date of the celebration of the marriage.

(D) Yes, because the marriage was celebrated without Judy's consent freely given. (64) Is the wife who leaves her husband without just cause entitled to support? (A) No, because the wife must always submissive and respectful to the husband. be

(A) Joanne gets all; estate has no free portion left. (B) Joanne gets 1/2; the other half is free portion. (C) Joanne gets 1/3; the remaining 2/3 is free portion. (D) Joanne gets 1/4; the remaining 3/4 is free portion. (68) A warranty inherent in a contract of sale, whether or not mentioned in it, is known as the (A) warranty on quality. (B) warranty against hidden defects. (C) warranty against eviction. (D) warranty in merchantability. (69) The doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of the law. But the doctrine can be abandoned (A) When adherence to it would result in the Governments loss of its case. (B) When the application of the doctrine would cause great prejudice to a foreign national. (C) When necessary to promote the passage of a new law. (D) When the precedent beneficial and useful. has ceased to be

(B) Yes. The marriage not having been dissolved, the husband continues to have an obligation to support his wife. (C) No, because in leaving the conjugal home without just cause, she forfeits her right to support. (D) Yes, since the right to receive support is not subject to any condition. (65) In the order of intestate succession where the decedent is legitimate, who is the last intestate heirs or heir who will inherit if all heirs in the higher level are disqualified or unable to inherit? (A) Nephews and nieces. (B) Brothers and sisters. (C) State. (D) Other collateral relatives up to the 5th degree of consanguinity. (66) Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary? (A) Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled. (B) Solidary or joint upon the discretion of Sam. (C) Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat. (D) Joint since the conversion of their liability to one of indemnity for damages made it joint. (67) Joanne married James, a person with no known relatives. Through James' hard work, he and his wife Joane prospered. When James died, his estate alone amounted to P100 million. If, in his will, James designates Joanne as his only heir, what will be the free portion of his estate.

(70) Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a European country where the execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other as sole heir of the other in case either of them dies. Unfortunately, Ric died a year later. Can Josie have the joint will successfully probated in the Philippines? (A) Yes, in the highest interest of comity of nations and to honor the wishes of the deceased. (B) No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric and Josie even abroad. (C) Yes, since they executed their joint will out of mutual love and care, values that the generally accepted principles of international law accepts. (D) Yes, since it is valid in the country where it was executed, applying the principle of "lex loci celebrationis."

(71) ML inherited from his father P5 million in legitime but he waived it in a public instrument in favor of his sister QY who accepted the waiver in writing. But as it happened, ML borrowed P6 million from PF before the waiver. PF objected to the waiver and filed an action for its rescission on the ground that he had the right to MLs P5 million legitime as partial settlement of what ML owed him since ML has proved to be insolvent. Does PF, as creditor, have the right to rescind the waiver? (A) No, because the waiver in favor of his sister QY amounts to a donation and she already accepted it. (B) Yes, because the waiver is prejudicial to the interest of a third person whose interest is recognized by law. (C) No, PF must wait for ML to become solvent and, thereafter, sue him for the unpaid loan. (D) Yes, because a legitime cannot be waived in favor of a specific heir; it must be divided among all the other heirs. (72) While engaged to be married, Arnold and Josephine agreed in a public instrument to adopt out the economic regime of absolute community of property. Arnold acknowledged in the same instrument that Josephines daughter Mary, is his illegitimate child. But Josephine died before the marriage could take place. Does the marriage settlement have any significance? (A) None, since the instrument containing the marriage settlement is essentially void for containing an unrelated matter. (B) Yes, insofar as Arnold acknowledged Mary as his illegitimate child. (C) None, since the marriage did not take place. (D) Yes, if they acquired properties while living together as husband and wife. (73) Joseph, a 17-year old Filipino, married Jenny, a 21year old American in Illinois, USA, where the marriage was valid. Their parents gave full consent to the marriage of their children. After three years, Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second marriage? (A) Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leonora. (B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age when he married her. (C) Valid, because his marriage to Leonora has all the elements of a valid marriage.

(D) Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce. (74) T died intestate, leaving an estate of P9,000,000. He left as heirs three legitimate children, namely, A, B, and C. A has two children, D and E. Before he died, A irrevocably repudiated his inheritance from T in a public instrument filed with the court. How much, if any, will D and E, as As children, get from Ts estate? (A) Each of D and E will get P1,500,000 by right of representation since their father repudiated his inheritance. (B) Each of D and E will get P2,225,000 because they will inherit from the estate equally with B and C. (C) D and E will get none because of the repudiation; "B" and "C" will get As share by right of accretion. (D) Each of D and E will get P2,000,000 because the law gives them some advantage due to the demise of "A". (75) No decree of legal separation can be issued (A) unless the childrens welfare is attended to first. (B) without prior efforts at reconciliation shown to be futile. (C) unless the court first directs mediation of the parties. (D) without prior investigation conducted by a public prosecutor. (76) X, who was abroad, phoned his brother, Y, authorizing him to sell Xs parcel of land in Pasay. X sent the title to Y by courier service. Acting for his brother, Y executed a notarized deed of absolute sale of the land to Z after receiving payment. What is the status of the sale? (A) Valid, since a notarized deed of absolute sale covered the transaction and full payment was made. (B) Void, since X should have authorized agent Y in writing to sell the land. (C) Valid, since Y was truly his brother Xs agent and entrusted with the title needed to effect the sale. (D) Valid, since the buyer could file an action to compel X to execute a deed of sale. (77) In a true pacto de retro sale, the title and ownership of the property sold are immediately vested in the vendee a retro subject only to the resolutory condition of

repurchase by the vendor a retro within the stipulated period. This is known as (A) equitable mortgage. (B) conventional redemption. (C) legal redemption. (D) equity of redemption. (78) A natural obligation under the New Civil Code of the Philippines is one which (A) the obligor has a moral obligation to do, otherwise entitling the obligee to damages. (B) refers to an obligation in writing to do or not to do. (C) the obligee may enforce through the court if violated by the obligor. (D) cannot be judicially enforced but authorizes the obligee to retain the obligors payment or performance. (79) The husband assumed sole administration of the familys mango plantation since his wife worked abroad. Subsequently, without his wifes knowledge, the husband entered into an antichretic transaction with a company, giving it possession and management of the plantation with power to harvest and sell the fruits and to apply the proceeds to the payment of a loan he got. What is the standing of the contract? (A) It is void in the absence of the wifes consent. (B) It is void absent an authorization from the court. (C) The transaction is void and can neither be ratified by the wife nor authorized by the court. (D) It is considered a continuing offer by the parties, perfected only upon the wifes acceptance or the courts authorization. (80) When the donor gives donations without reserving sufficient funds for his support or for the support of his dependents, his donations are (A) Rescissible, since it results in economic lesion of more than 25% of the value of his properties. (B) Voidable, since his consent to the donation is vitiated by mindless kindness. (C) Void, since it amounts to wanton expenditure beyond his means.

(D) Reducible to the extent that the donations impaired the support due to himself and his dependents. (81) Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date. Bessy sent a demand letter to Anne giving her 5 days from receipt within which to pay. Two days after receipt of the letter, Anne personally offered to pay Bessy in manager's check but the latter refused to accept the same. The 5 days lapsed. May Annes obligation be considered extinguished? (A) Yes, since Bessys refusal of the managers check, which is presumed funded, amounts to a satisfaction of the obligation. (B) No, since tender of payment even in cash, if refused, will not discharge the obligation without proper consignation in court. (C) Yes, since Anne tendered payment of the full amount due. (D) No, since a managers check is not considered legal tender in the Philippines. (82) The residents of a subdivision have been using an open strip of land as passage to the highway for over 30 years. The owner of that land decided, however, to close it in preparation for building his house on it. The residents protested, claiming that they became owners of the land through acquisitive prescription, having been in possession of the same in the concept of owners, publicly, peacefully, and continuously for more than 30 years. Is this claim correct? (A) No, the residents have not been in continuous possession of the land since they merely passed through it in going to the highway. (B) No, the owner did not abandon his right to the property; he merely tolerated his neighbors use of it for passage. (C) Yes, residents of the subdivision have become owners by acquisitive prescription. (D) Yes, community ownership by prescription prevails over private claims. (83) The owner of a thing cannot use it in a way that will injure the right of a third person. Thus, every building or land is subject to the easement which prohibits its proprietor or possessor from committing nuisance like noise, jarring, offensive odor, and smoke. This principle is known as (A) Jus vindicandi. (B) Sic utere tuo ut alienum non laedas. (C) Jus dispondendi. (D) Jus abutendi.

(84) Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifers business partner for recovery of property with damages. The complaint did not allege that Janice exerted earnest efforts to come to a compromise with the defendants and that such efforts failed. The judge dismissed the complaint outright for failure to comply with a condition precedent. Is the dismissal in order? (A) No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with her. (B) Yes, since court should promote amicable settlement among relatives. (C) Yes, since members of the same family, as parties to the suit, are required to exert earnest efforts to settle their disputes before coming to court. (D) No, the family council, which would ordinarily mediate the dispute, has been eliminated under the Family Code. (85) X borrowed money from a bank, secured by a mortgage on the land of Y, his close friend. When the loan matured, Y offered to pay the bank but it refused since Y was not the borrower. Is the banks action correct? (A) Yes, since X, the true borrower, did not give his consent to Ys offer to pay. (B) No, since anybody obligation to his benefit. can discharge Xs

(B) At the time the spouses acquire properties through joint efforts. (C) On the date the future spouses executed their marriage settlements because this is the starting point of their marital relationship. (D) On the date agreed upon by the future spouses in their marriage settlements since their agreement is the law between them. (88) Josie, 18, married Dante, 25, without her parents knowledge and consent, and lived with him. After a year, Josie returned to her parents home, complained of the unbearable battering she was getting from Dante, and expressed a desire to have her marriage with him annulled. Who may bring the action? (A) Dante. (B) Her parents. (C) Josie herself. (D) The State. (89) X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage? (A) Yes, since his parents are now lawfully married. (B) Yes, since he is an innocent party and the marriage rectified the wrong done him. (C) No, since once illegitimate, a child shall always remain illegitimate. (D) No, since his parents were not qualified to marry each other when he was conceived. (90) The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract (A) Rescissible. (B) Unenforceable. (C) Voidable. (D) Void. (91) Can common-law spouses donate properties of substantial value to one another? (A) No, they are only allowed to give moderate gifts to each other during family rejoicing.

(C) No, since Y, the owner of the collateral, has an interest in the payment of the obligation. (D) Yes, since it was X who has an obligation to the bank. (86) The right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but before the sale of the mortgaged property or confirmation of the sale by the court, is known as (A) accion publiciana. (B) equity of redemption. (C) pacto de retro. (D) right of redemption. (87) When does the regime of conjugal partnership of gains begin to exist? (A) At the moment the parties take and declare each other as husband and wife before officiating officer.

(B) No, they cannot give anything of value to each other to prevent placing their legitimate relatives at a disadvantage. (C) Yes, unlike the case of legally married spouses, such donations are not prohibited. (D) Yes, as long as they leave sufficient property for themselves and for their dependents. (92) X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will provided that this legacy is to be set off against the P1.5 million X owed Y. After the set off, X still owed Y P500,000. Can Y still collect this amount? (A) Yes, because the designation of Y as legatee created a new and separate juridical relationship between them, that of testator-legatee. (B) It depends upon the discretion of the probate court if a claim is filed in the testate proceedings. (C) No, because the intention of the testator in giving the legacy is to abrogate his entire obligation to Y. (D) No, because X had no instruction in his will to deliver more than the legacy of P1 million to Y. (93) Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their conjugal partnership spent P3 million for the construction of a house on the lot. The construction resulted in an increase in the value of the house and lot to P9 million. Who owns the house and the lot? (A) Josie and the conjugal partnership of gains will own both on a 50-50 basis. (B) Josie will own both since the value of the house and the increase in the propertys value is less than her lots value; but she is to reimburse conjugal partnership expenses. (C) Josie still owns the lot, it being her exclusive property, but the house belongs to the conjugal partnership. (D) The house and lot shall both belong to the conjugal partnership, with Josie entitled to reimbursement for the value of the lot. (94) An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. The action prescribes, however, within 10 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. What is the exception to this 10-year prescriptive period? (A) When the plaintiff had no notice of the deed or the issuance of the certificate of title.

(B) When the title holder concealed the matter from the plaintiff. (C) When fortuitous circumstances prevented the plaintiff from filing the case sooner. (D) When the plaintiff is in possession of the property. (95) Conrad and Linda, both 20 years old, applied for a marriage license, making it appear that they were over 25. They married without their parents knowledge before an unsuspecting judge. After the couple has been in cohabitation for 6 years, Lindas parents filed an action to annul the marriage on ground of lack of parental consent. Will the case prosper? (A) No, since only the couple can question the validity of their marriage after they became 21 of age; their cohabitation also convalidated the marriage. (B) No, since Lindas parents made no allegations that earnest efforts have been made to come to a compromise with Conrad and Linda and which efforts failed. (C) Yes, since the marriage is voidable, the couple being below 21 years of age when they married. (D) Yes, since Lindas parents never gave their consent to the marriage. (96) Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the Notary Public failed to come. Two days later, the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized? (A) No, since it was not notarized on the occasion when the signatories affixed their signatures on the will. (B) Yes, since the Notary Public has to be present only when the signatories acknowledged the acts required of them in relation to the will. (C) Yes, but the defect in the mere notarization of the will is not fatal to its execution. (D) No, since the notary public did not require the signatories to sign their respective attestations again. (97) Venecio and Ester lived as common-law spouses since both have been married to other persons from whom they had been separated in fact for several years. Hardworking and bright, each earned incomes from their respective professions and enterprises. What is the nature of their incomes?

(A) Conjugal since they earned the same while living as husband and wife. (B) Separate since their property relations with their legal spouses are still subsisting. (C) Co-ownership since they agreed to work for their mutual benefit. (D) Communal since they earned the same as common-law spouses. (98) What is the prescriptive period for filing an action for revocation of a donation based on acts of ingratitude of the donee? (A) 5 years from the perfection of the donation. (B) 1 year from the perfection of the donation. (C) 4 years from the perfection of the donation. (D) Such action does not prescribe. (99) Before Karen married Karl, she inherited P5 million from her deceased mother which amount she brought into the marriage. She later used part of the money to buy a new Mercedes Benz in her name, which Karen and her husband used as a family car. Is the car a conjugal or Karens exclusive property? (A) It is conjugal property since the spouses use it as a family car. (B) It is Karens exclusive property since it is in her name. (C) It is conjugal property having been bought during the marriage. (D) It is Karens exclusive property since she bought it with her own money. (100) Because of Xs gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the death of the foetus she carried? (A) Yes, since the foetus is already regarded as a child from conception, though unborn. (B) No, since Xs would not have known that the accident would result in Ys abortion. (C) No, since birth determines personality, the accident did not result in the death of a person. (D) Yes, since the mother believed in her heart that she lost a child.

Bar Examination Questionnaire for Political Law Set A (1) Filipino citizenship may be acquired through judicial naturalization only by an alien (A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (B) who has all the qualifications and none of the disqualifications to become a Filipino citizen. (C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized. (2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRBs ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper? (A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse. (B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former. (C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued. (D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President. (3) Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must (A) submit to the CSC the two promotional appointments together for approval. (B) not appoint B until the CSC has approved As appointment.

(C) submit to the Civil Service Commission (CSC) the second appointment after its approval of the first. (D) simultaneously issue the appointments of A and B. (4) When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter's act of malversation of public funds, the witness may NOT be prosecuted for (A) direct contempt. (B) infidelity in the custody of public records. (C) falsification of public documents. (D) false testimony. (5) Mario, a Bureau of Customs examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries? (A) Yes, the reduction of the penalty means restoration of his right to back salaries. (B) No, the penalty of one month suspension carries with it the forfeiture of back salaries. (C) No, he is still guilty of grave misconduct, only the penalty was reduced. (D) Yes, corresponding to the period of his suspension pending appeal less one month. (6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name? (A) Yes, provided she acquires back her Filipino citizenship. (B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there. (C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name. (D) No, foreigners are not allowed to own lands in the Philippines.

(7) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when (A) public safety or public otherwise as prescribed by law. health requires

(A) maximum tolerance demonstrations.

of

pro-government

(B) a no rally-no permit policy. (C) when, where, and how lawful assemblies are to be conducted. (D) calibrated response to rallies that have become violent. (12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (A) Yes, the executive agreement is contrary to our existing domestic law. (B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land. (C) No, international agreements are sui generis which must stand independently of our domestic laws. (D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate. (13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper? (A) No, only Congress can exercise the power to amend the Constitution. (B) Yes, the people can substantially amend the Constitution by direct action. (C) Yes, provided amendment. Congress concurs in the

(B) dictated by the need to maintain public peace and order. (C) public safety or order requires otherwise as prescribed by law. (D) public safety or order requires otherwise as determined by the President. (8) One advantage of a written Constitution is its (A) reliability. (B) permanence. (C) flexibility. (D) expediency. (9) An appointment held at the pleasure of the appointing power (A) essentially temporary in nature. (B) requires appointee. special qualifications of the

(C) requires justifiable reason for its termination. (D) is co-extensive with the term of the public officer who appointed him. (10) The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners' association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose? (A) No, because not recreational complex. everybody uses a

(B) No, because it intends to benefit a private organization. (C) Yes, it is in accord with the general welfare clause. (D) Yes, it serves the well-being of the local residents. (11) An example of a content based restraint on free speech is a regulation prescribing

(D) No, since they seek, not an amendment, but a revision. (14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when (A) a Division refers the case to it for direct action. (B) the case involves a purely administrative matter.

(C) the inhibition of all the members of a Division is sought. (D) a related case is pending before the Supreme Court en banc. (15) Each of the Constitutional Commissions is expressly described as "independent," exemplified by its (A) immunity from suit. (B) fiscal autonomy. (C) finality of action. (D) collegiality. (16) There is double jeopardy when the dismissal of the first case is (A) made at the instance of the accused invoking his right to fair trial. (B) made upon motion of the accused without objection from the prosecution. (C) made provisionally without objection from the accused. (D) based on the objection of the accused to the prosecution's motion to postpone trial. (17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarezs acceptance of the same. Will the action prosper? (A) No, Director Sison tendered his resignation and it was accepted. (B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered. (C) Yes,for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation. (D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking. (18) An administrative rule that fixes rates is valid only when the proposed rates are (A) published and filed with the UP Law Center. (B) published and hearings are conducted.

(C) published and posted in three public places. (D) published and all stakeholders are personally notified. (19) The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land's zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court? (A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher. (B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower. (C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define. (D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court. (20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid? (A) No, the waiver was not reduced in writing. (B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence. (C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel. (D) No, a retired Judge is not a competent and independent counsel. (21) Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted? (A) Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his will. (B) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office.

(C) No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid. (D) Yes, Governor Paloma's reelection is expression of the electorate's restored trust. an

(26) The right of the State to prosecute crimes by available evidence must yield to the right of (A) the accused against self-incrimination. (B) another State to extradite a fugitive from justice. (C) the State to deport undesirable aliens. (D) the complainant to drop the case against the accused. (27) A temporary appointee to a public office who becomes a civil service eligible during his tenure (A) loses his temporary appointment without prejudice to his re-appointment as permanent. (B) has the right to demand conversion of his appointment to permanent. (C) automatically appointee. becomes a permanent

(22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters (A) is inappealable. (B) is subject to an action for annulment. (C) may be brought straight to the Supreme Court. (D) is appealable to the Commission on Elections. (23) The equal protection clause allows valid classification of subjects that applies (A) only to present conditions. (B) so long as it remains government. (C) for a limited period only. (D) for as long as the problem to be corrected exists. (24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But As name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do? (A) Request the JBC to consider adding A to the list. (B) Decline to appoint from the list. (C) Appoint from the list. (D) Return the list to JBC. (25) Courts may still decide cases that have otherwise become academic when they involve (A) the basic interest of people. (B) petitions for habeas corpus. (C) acts of the Chief Executive. (D) Presidential election protests. relevant to the

(D) retains his temporary appointment. (28) Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct? (A) No, "initiated" means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen. (B) No, the first complaint was not deemed initiated because it was originally filed with the Senate. (C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President. (D) Yes, no impeachment proceeding can be filed against the President more than once within a year. (29) The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agencys lawyers can file the action. Is the Solicitor General correct? (A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency. (B) No, he must, in choosing whether to prosecute an action, exercise his discretion

according to law and the best interest of the State. (C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent. (D) No, the Solicitor General's duty to represent the government, its offices and officers is mandatory and absolute. (30) A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which (A) must seek the concurrence of the other House before acting. (B) must hold an executive session to hear the department secretary. (C) may altogether reject the initiative. (D) must accept such initiated appearance. (31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid? (A) No, since the MMDA does not have rulemaking power. (B) Yes, it is a valid exercise of the power of subordinate legislation. (C) Yes, it is an implicit consequence of the law upon which it acted. (D) No, the rule goes beyond the sphere of the law. (32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion? (A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions. (B) Grant the motion provided he posts bail since he is not a flight risk. (C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate.

(D) Deny the motion since immunity from arrest does not apply to a charge of murder. (33) X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretarys decision and the reversal became final and executory. What is the effect of X's exoneration? (A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal. (B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him. (C) X is entitled to reinstatement but not to back salaries on ground of "damnum absque injuria." (D) X is entitled to reinstatement and back salaries during his suspension pending appeal. (34) Courts may dismiss a case on ground of mootness when (A) the case is premature. (B) petitioner lacks legal standing. (C) the questioned law has been repealed. (D) the issue of validity of law was not timely raised. (35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire's action prosper? (A) No, the 3 term limit should not apply to a person who is running for a new position title. (B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official. (C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality. (D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence. (36) In what scenario is an extensive search of moving vehicles without warrant valid?

(A) The police became suspicious on seeing something on the cars back seat covered with blanket. (B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana. (C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor. (D) The driver sped away in his car when the police flagged him down at a checkpoint. (37) Pre-proclamation controversies shall be heard (A) summarily without need of trial. (B) through trial by commissioner. (C) ex parte. (D) through speedy arbitration. (38) When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises (A) the power of control. (B) the Commander-in-Chief power. (C) the power of supervision. (D) the calling out power. (39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national's country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate? (A) Pacta Sunt Servanda (B) Act of State Doctrine (C) Protective Principle (D) Jus Cogens

(40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver's waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver's seat. The driver admitted they were ecstacy. Is the search valid? (A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police. (B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end. (C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. (D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles. (41) The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. Hence, it may (A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial count. (B) make an advance and unofficial canvass of election returns through electronic transmission. (C) undertake a separate and unofficial tabulation of the results of the election manually. (D) authorize the citizens arm to use election returns for unofficial count. (42)The President may proclaim martial law over a particular province subject to revocation or extension (A) by Congress,subject to ratification by the Supreme Court. (B) by the Supreme Court. (C) by Congress alone (D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan. (43) During his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased advisers family filed a case of homicide against President Carlos before the city prosecutors office. He moved to dismiss the case, invoking presidential immunity from suit. Should the case be dismissed?

(A) Yes, his immunity covers his interactions with his official family, including the deceased adviser. (B) No, his immunity covers only work-related crimes. (C) Yes, his immunity duration of his tenure. holds for the whole

(47) In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions (A) that the official called is willing to answer. (B) that are relevant to the proposed legislation. (C) to which the witness gave his prior consent.

(D) No, his immunity does not cover crimes involving moral turpitude. (44) The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her school. The designation was assailed on ground of nepotism. Is such designation valid? (A) No, because the law prohibits relatives from working within the same government unit. (B) Yes, because Marias position does not fall within the prohibition. (C) No, because her mother is not the designating authority. (D) No, because Maria is related to the supervising authority within the prohibited degree of consanguinity. (45) The President's appointment of an acting secretary although Congress is in session is (A) voidable. (B) valid. (C) invalid. (D) unenforceable. (46) Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. Was the veto valid? (A) Yes, since the vetoed condition may be separated from the item. (B) Yes, the President's veto power is absolute. (C) No, since the veto amounted to a suppression of the freedom to communicate through television. (D) No, since the approval of the item carried with it the approval of the condition attached to it.

(D) material to the subject of inquiry. (48) An ordinance prohibits "notorious street gang members" from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of "notorious street gang members." Is the ordinance valid? (A) No, it leaves the public uncertain as to what conduct it prohibits. (B) No, since it discriminates between loitering in public places and loitering in private places. (C) Yes, it provides fair warning to gang members prior to arrest regarding their unlawful conduct. (D) Yes, it is sufficiently clear for the public to know what acts it prohibits. (49) The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called (A) referendum. (B) plebiscite. (C) initiative. (D) certification. (50) Where a candidate for the Senate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy (A) may be canceled. (B) will subject him to a quo warranto action. (C) remains valid. (D) may be denied due course. (51) A candidate who commits vote buying on Election Day itself shall be prosecuted by the (A) COMELEC.

(B) Secretary of Justice. (C) police and other law enforcement agencies. (D) City or Provincial Prosecutor. (52) A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days on persons transporting quarantined animals without his permission. The regulation is (A) a valid exercise of the power of subordinate legislation. (B) invalid for being ultra vires. (C) a valid exercise of police power. (D) invalid for being discriminatory. (53) Small-scale utilization of natural resources by Filipino citizens may be allowed by (A) Congress. (B) either the Representatives. (C) the President. (D) the President with the consent of Congress. (54) When the Civil Service Commission (CSC) approves the appointment of the Executive Director of the Land Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs (A) a discretionary duty. (B) a mix discretionary and ministerial duty. (C) a ministerial duty. (D) a rule-making duty. (55) Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani's objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct? Senate or the House of

(A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception. (B) No, COMELECs jurisdiction over preproclamation cases pertains only to elections for regional, provincial, and city officials. (C) No, COMELECs jurisdiction over preproclamation cases does not include those that must be brought directly to the courts. (D) Yes, any conflict between the law and the Constitution relative to COMELEC's jurisdiction must be resolved in favor of the Constitution. (56) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the Supreme Court applied (A) the operative fact doctrine. (B) the rule against double jeopardy. (C) the doctrine of supervening event. (D) the orthodox doctrine. (57) Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct? (A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified. (B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence. (C) Yes, it is within the court's discretion to determine how many postponements it will grant the accused before trying him in absentia. (D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence. (58) Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case? (A) No, plunder is not a pardonable offense.

(B) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. (C) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the Presidents pardoning power. (D) Yes, conviction in court in a criminal action is subject to the President's pardoning power. (59) A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is (A) a private sheriff. (B) a public officer. (C) a private warehouseman. (D) an agent of the party to whom the property will ultimately be awarded. (60) The COMELEC en banc shall decide a motion for reconsideration of (A) the House or Representatives and the Senate electoral tribunals. (B) the decision of the election registrar. (C) the decision of the COMELEC involving an election protest. division

(62) A child born in the United States to a Filipino mother and an American father is (A) a Filipino citizen by election. (B) a repatriated Filipino citizen. (C) a dual citizen. (D) a natural born Filipino citizen. (63) Involuntary servitude may be required as (A) part of rehabilitation of one duly charged with a crime. (B) substitute penalty for one who has been duly tried for a crime. (C) punishment for a crime where one has been duly convicted. (D) condition arraignment. precedent to one's valid

(64) Van sought to disqualify Manresa as congresswoman of the third district of Manila on the ground that the latter is a greencard holder. By the time the case was decided against Manresa, she had already served her full term as congresswoman. What was Manresa's status during her incumbency as congresswoman? (A) She was a de jure officer, having been duly elected. (B) She was not a public officer because she had no valid existing public office. (C) She was a de jure officer since she completed her term before she was disqualified. (D) She was a de facto officer since she was elected, served, and her disqualification only came later. (65) Whose appointment is NOT subject to confirmation by the Commission on Appointments? (A) Chairman of the Civil Service Commission (B) Chief Justice of the Supreme Court (C) Chief of Staff of the Armed Forces of the Philippines (D) Executive Secretary (66) The system of checks and balances operates when (A) the President nullifies a conviction criminal case by pardoning the offender. in a

(D) its own decision involving an election protest. (61) Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC ousted her in an election protest that Gudi, her opponent, filed against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor for Gudi's remaining term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit? (A) No, she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term. (B) A. No, she already won the mayoralty election for 3 consecutive terms. (C) Yes, her ouster from office in her third term interrupted the continuity of her service as mayor. (D) Yes, the fresh mandate given her during the recall election erased her disqualification for a third term.

(B) Congress increases the budget proposal of the President. (C) the President does not release the countryside development funds to members of Congress. (D) Congress expands the appellate jurisdiction of the Supreme Court, as defined by the Constitution. (67) The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of (A) power of subordinate legislation. (B) emergency power. (C) police power. (D) residual power. (68) Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President still appoint Justice A's successor? (A) No, it will violate the Constitutional prohibition against midnight appointments. (B) Yes, vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy. (C) Yes, vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President. (D) No, the incumbent President must yield to the choice of the next President (69) The President may set a limit on the country's import quota in the exercise of his (A) delegated power. (B) concurring power. (C) residual power. (D) inherent power. (70) Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide.

(A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. (B) Atty. Crispin's defense is invalid since he issued his certification recklessly without checking the facts. (C) Atty. Crispin's defense is valid since he was unaware of the pendency of the case. (D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his work. (71) The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Atlantic appealed to the Office of the President which rendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. Is the challenge correct? (A) No, the Office of the President is governed by its own rules respecting review of cases appealed to it. (B) Yes, the decision of the Office of the President must contain its own crafted factual findings and legal conclusions. (C) Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate. (D) No, the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision. (72) A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee? (A) The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function. (B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function. (C) The City of Cebu is liable in accord with the precept of respondeat superior.

(D) The City of Cebu is not consequence of its non-suitability.

liable

as

(77) Procedural due process in administrative proceedings (A) requires the tribunal to consider the evidence presented. (B) allows the losing party to file a motion for reconsideration. (C) requires hearing the parties on oral argument.

(73) During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or representative when (A) he is charged with a light offense. (B) he was able to prosecutions witnesses. cross-examine the

(D) permits the parties to file memoranda. (78) The Constitution prohibits punishments which involve cruel and inhuman

(C) he waives his right to be present. (D) he is convicted of a bailable offense. (74) An information for murder was filed against X. After examining the case records forwarded to him by the prosecution, the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to the grant of bail. Is the trial judge correct? (A) Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him. (B) No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X. (C) No, the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested. (D) Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the grant of bail. (75) The President CANNOT call out the military (A) to enforce customs laws. (B) to secure shopping malls against terrorists. (C) to arrest persons committing rebellion. (D) to raid elements. a suspected haven of lawless

(A) torture or lingering suffering. (B) primitive and gross penalties. (C) unusual penal methods. (D) degrading and queer penalties. (79) Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted? (A) No, Judge Lloyd's right to stay as judge may be challenged only by direct proceeding, not collaterally. (B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. (C) Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certiorari action. (D) No, the losing party has no standing to challenge Judge Lloyd's right to stay as judge. (80) Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct? (A) No, public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional.

(76) Mass media in the Philippines may be owned and managed by (A) corporations wholly owned and managed by Filipinos. (B) corporations 60% owned by Filipinos. (C) corporations wholly owned by Filipinos. (D) corporations 60% owned and managed by Filipinos.

(B) Yes, the order was not a proprietary act of the government. (C) No, only the president may raise the defense of immunity from suit. (D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office. (81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMELEC approved the petition and set a date for its signing by other qualified voters in order to garner at least 25% of the total number of Bar Examination Questionnaire for Political Law Set A registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton? (A) No, the petition, though initiated by just one person, may be ratified by at least 25% of the total number of registered voters. (B) No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local elections. (C) Yes, the petition should be initiated by at least 25% of the total number of registered voters who actually voted during the 2004 local elections. (D) Yes,the petition should be initiated by at least 25% of the total number of registered voters of Tunawi. (82) Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted the description walking from the apartment to his car, they approached and frisked him and he did not object. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid? (A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him. (B) Yes, the police acted on reliable information which proved correct when they searched the man and his car. (C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking. (D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search.

(83) A law interfering with the rights of the person meets the requirements of substantive due process when (A) the means employed is not against public policy. (B) it is in accord with the prescribed manner of enforcement as to time, place, and person. (C) all affected parties are given the chance to be heard. (D) the interest of the general public, as distinguished from those of a particular case, requires such interference. (84) A judge of the Regional Trial Court derives his powers and duties from (A) statute. (B) the President, the appointing power. (C) Supreme Court issuances. (D) the rules of court. (85) When an elective official's preventive suspension will result in depriving his constituents of his services or representation, the court may (A) require the investigating body to expedite the investigation. (B) hold in suspension. abeyance the period of such

(C) direct the holding of an election to fill up the temporary vacancy. (D) shorten the period of such suspension. (86) When the State requires private cemeteries to reserve 10% of their lots for burial of the poor, it exercises its (A) eminent domain power. (B) zoning power. (C) police power. (D) taxing power. (87) In the valid exercise of management prerogative consistent with the company's right to protect its economic interest, it may prohibit its employees from (A) joining rallies during their work shift. (B) marrying employees of competitor companies.

(C) publicly converging with patrons of competitor companies. (D) patronizing companies. the product of competitor

(A) a government of force. (B) an interim government. (C) a de facto government. (D) an illegitimate government. (92) The Special Committee on Naturalization is headed by (A) the Secretary of Justice.

(88) The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. Is the executive order unconstitutional for suppressing information of public concern? (A) No, because those department heads are his alter egos and he is but exercising his right against self-incrimination. (B) Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress. (C) Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance. (D) No, the President has the power to withhold consent to appearance by his department heads during question hour. (89) When the President contracted a personal loan during his incumbency, he may be sued for sum of money (A) during his term of office. (B) during his tenure of office. (C) after his term of office. (D) after his tenure of office. (90) The Senate Blue Ribbon Committee summoned X, a former department secretary, to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Decide. The investigation may (A) not be restrained on ground of separation of powers. (B) be restrained question. on ground of prejudicial

(B) the Secretary of Foreign Affairs. (C) the National Security Adviser. (D) the Solicitor General. (93) The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government's temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover. Is the takeover valid? (A) Yes, it is an implied power flowing from the President's exercise of emergency power. (B) No, it is a power reserved for Congress alone. (C) Yes, subject to ratification by Congress. (D) No, it is a power exclusively reserved for the People's direct action. (94) A candidate for Senator must be at least 35 years old on (A) the day he is duly proclaimed. (B) the day the election is held. (C) the day he files his certificate of candidacy. (D) the day he takes his oath of office. (95) The Office of the Special Prosecutor may file an information against a public officer for graft (A) on its own initiative subject to withdrawal of the information by the Ombudsman. (B) independently of the Ombudsman, except in plunder cases. (C) only when authorized by the Ombudsman. (D) independently of the Ombudsman.

(C) not be restrained on ground of presumed validity of legislative action. (D) be restrained for being sub judice. (91) A government that actually exercises power and control as opposed to the true and lawful government is in terms of legitimacy

(96) Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is Ws appointment by the President valid? (A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress. (B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive. (C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President. (D) No, because absent any express authority under the Constitution, the power to appoint does not exist. (97) The Chief Justice appointed X, the Presidents sister, as Assistant Court Administrator in the Supreme Court during the President's tenure. Claiming that the Constitution prohibits the appointment in government of a Presidents relative, a taxpayer asks for its nullification. Will the challenge prosper? (A) Yes, since the appointment violates the law against nepotism. essentially

as mayor even when she ran for congresswoman. Is her action correct? (A) No, salaries can be waived and she waived them. (B) No, because her acts as de facto officer are void insofar as she is concerned. (C) Yes, public policy demands that a de facto officer enjoy the same rights of a de jure officer. (D) A. Yes, it is but just that she be paid for the service she rendered. (100) X, a Filipino and Y, an American, both teach at the International Institute in Manila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per hour plus housing, transportation, shipping costs, and leave travel allowance. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits. The same package was given to the other foreign teachers. The Filipino teachers assailed such differential treatment, claiming it is discriminatory and violates the equal protection clause. Decide. (A) The classification differences. is based on superficial

(B) The classification undermines the "Filipino First" policy. (C) The distinction is fair considering the burden of teaching abroad. (D) The distinction is substantial and uniformly applied to each class.

(B) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government. (C) No, X's appointment, although in the government, is not in the Executive Department that the President heads. (D) No, the position to which X was appointed is not among those prohibited under the Constitution. (98)May an incumbent Justice of the Supreme Court be disbarred as a lawyer? (A) No, it will amount to removal. (B) No, his membership in the bar is secure. (C) Yes, by the Supreme Court itself. (D) Yes, by Congress in joint session. (99) Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. Still, she continued to act as mayor of Casidsid without collecting her salaries as such. When she lost the election and a new mayor assumed office, she filed an action to collect the salaries she did not get while serving

2010 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. 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. b. What is the crime of qualified bribery? (2%) May a judge be charged and prosecuted for such felony? How about a public prosecutor? A police officer? Explain. (5%)

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 (AntiMoney 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 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 had just 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,

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.

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

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 abovenamed 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 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.

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. b. Will Romeos defense prosper? Explain. (2%) 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

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. b. c. 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. b. 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 floral arrangements 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. b. c. Define "Battered Woman Syndrome." (2%) What are the three phases of the "Battered Woman Syndrome"? (3 %) Would the defense prosper despite the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code? Explain. (2%) Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain. (2%) Did she incur civil liability? Explain. (2%) Under the Revised Penal Code, when does the period of prescription of a crime commence to run? (1%) When is it interrupted? (1%) Is As defense tenable? Explain. (3%)

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

NOTHING FOLLOWS.

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 of Republic 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.