Beruflich Dokumente
Kultur Dokumente
POLITICAL LAW
October 5, 2014
behind the new attempt at a peoples initiative, how would you advise them? (4%)
III.
In Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254 (2009), the Supreme
Court declared as violative of the Equal Protection Clause the 5th paragraph of 10
R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995) for
discriminating against illegally dismissed OFWs who still had mo re than a year to
their contract compared to those who only had less than a year remaining. The next
year, Congress enacted R.A. No 10222, an amendment to the Migrant Workers and
Overseas Filipinos Act, which practically reinstated the provision struck down in
Serrano.
Seamacho, an overseas seafarer who still had two years remaining on his contract
when he was illegally terminated, and who would only be entitled to a maximum of
six-months pay under the reinstated provision, engages you as his counsel. How are
you to argue that the new law is invalid insofar as it brings back to the statute books a
provision that has already been struck down by the Court? (5%)
IV.
Beauty was proclaimed as the winning candidate for the position of Representative in
the House of Representatives three (3) days after the elections in May. She then
immediately took her oath of office. However, there was a pending disqualification
case against her, which case was eventually decided by the COMELEC against her
10 days after the election. Since she has already been proclaimed, she ignored that
decision and did not bother appealing it. The COMELEC then declared in the first
week of June that its decision holding that Beauty was not validly elected had
become final. Beauty then went to the Supreme Court questioning the jurisdiction of
the COMELEC claiming that since she had already been proclaimed and had taken
her oath of office, such election body had no more right to come up with a decision
that the jurisdiction had already been transferred to the House of Representatives
Electoral Tribunal. How defensible is the argument of Beauty? (4%)
V.
Greenpeas is an ideology-based political party fighting for environmental causes. It
decided to participate under the party-list system. When the election results came in,
it only obtained 1.99 percent of the votes cast under the party -list system. Bluebean,
a political observer, claimed that Greenpeas is not entitled to any seat since it failed
to obtain at least 2% of the votes. Moreover, since it does not represent any of the
marginalized and underrepresented sectors of society, Greenpeas is not entitled to
participate under the party-list system. How valid are the observations of Bluebean?
(4%)
VI.
A few months before the end of the present Congress, Strongwill was invited by the
Senate to shed light in an inquiry relative to the alleged siphoning and diverting of the
pork barrel of members of Congress to non-existent or fictitious projects. Strongwill
has been identified in the news as the principal actor responsible for the scandal, the
leader of a non-governmental organization which ostensibly funnelled the funds to
certain local government projects which existed only on paper. At the start of the
hearings before the Senate, Strongwill refused at once to cooperate. The Senate
cited him in contempt and sent him to jail until he would have seen the light. The
Congress, thereafter, adjourned sine die preparatory to the assumption to office of
the newly-elected members. In the meantime, Strongwill languished behind bars and
the remaining senators refused to have him released, claiming that the Senate is a
continuing body and , therefore, he can be detained indefinitely. Are the senators
right? (4%)
VII.
Margie has been in the judiciary for a long time, starting from the lowest court.
Twenty (20) years from her first year in the judiciary, she was nominated as a Justice
in the Court of Appeals. Margie also happens to be a first-degree cousin of the
President. The Judicial and Bar Council included her in the short-list submitted to the
President whose term of office was about to end it was a month before the next
presidential elections. Can the President still make appointments to the judiciary
during the so-called midnight appointment ban period? Assuming that he can still
make appointments, could he appoint Margie, his cousin? (4%)
VIII.
The President, concerned about persistent reports of widespread irregularities and
shenanigans related to the alleged ghost projects with which the pork barrel funds of
members of Congress had been associated, decided not to release the funds
authorized under a Special Appropriations Act for the construction of a new bridge.
The Chief Executive explained that, to pro perly conserve and preserve the limited
funds of the government, as well as to avoid further mistrust by the people, such a
project which he considered as unnecessary since there was an old bridge near the
proposed bridge which was still functional should be scrapped. Does the President
have such authority? (4%)
IX.
Gerrymandering refers to the practice of: (1%)
(A) creating or dividing congressional districts in a manner intended to favor a
particular party or candidate
(B) truancy as applied to Members of Congress
(C) loafing among members of Congress
(D) coming up with guessing game when it comes to legislation
(E) commandeering large chunks of the budget for favoured congressional
districts
X.
The void-for-vagueness doctrine is a concept which means that: (1%)
(A) if a law is vague, then it must be void
(B) any law which could not be understood by laymen is a nullity
(C) if a law is incomprehensible to ordinary people such that they do not really
know what is required or prohibited, then the law must be struck down
(D) a government regulation that lacks clear standards is nonsensical and
useless as a guide for human conduct
(E) clarity in legal language is a mandate of due process.
XI.
In keeping with the modern age of instant and incessant information and
transformation, Congress passed Cybercrime Prevention Act to regulate access to
and use of the amenities of the cyberspace. While ostensibly the law is intended to
protect the interests of society, some of its provisions were also seen as
impermissibly invading and impairing widely cherished liberties of the people
particularly the freedom of expression. Before the law could even be implemented,
petitions were filed in the Supreme Court questioning said provisions by people who
felt threatened, for themselves as well as for the benefit of others who may be
similarly affected but not minded enough to challenge the law. The Solicitor General
countered that there is no basis for the exercise of the power of judicial review since
there has yet been no violation of the law, and therefore, there is no actual case or
controversy to speak of, aside from the fact that the petitioners have no locus standi
since they do not claim to be in imminent danger of being prosecuted under the law.
Can the Court proceed to decide the case even if the law has not yet become
effective? (4%)
XII.
The Court had adopted the practice of announcing its decision in important,
controversial or interesting cases the moment the votes had been taken among the
justices, even as the final printed decision and separate opinions are not yet available
to the public. In a greatly anticipated decision in a case of wide-ranging ramifications,
the voting was close 8 for the majority, while 7 were for the other side. After the
Court had thus voted, it issued a press release announcing the result, with the advice
that the printed copy of the decision, together with the separate opinions, were to be
issued subsequently. The following day, however, one of the members of the Court
died. The Court then announced that it would deliberate anew on the case since
apparently the one who died belonged to the majority. Citizens for Transparency, a
group of civic-spirited professionals and ordinary citizens dedicated to transparency
and accountability in the government, questioned the act of the Court. The petitioners
claimed the decision had already been validly adopted and promulgated. Therefore, it
could no longer be recalled by the Court. At the same time, the group also asked the
Court to disclose to the public the original decision and the separate opinions of the
magistrates, together with what they had deliberated on just before they came up
with the press release about the 8-7 decision. (6%)
(A) Was the announced 8-7 decision already validly promulgated and thus not
subject to recall?
(B) If the decision was not yet finalized at the time when the justice died, could it
still be promulgated?
(C) If the decision was still being finalized, should the Court release to the public
the majority decision and the separate opinions as originally announced,
together with their deliberations on the issues?
XIII.
Congress may increase the appellate jurisdiction of the Supreme Court: (1%)
(A) anytime it wants
(B) if requested by the Supreme Court
(C) upon recommendation of the President
(D) only with the advice and concurrence of the Supreme Court
(E) whenever it deems it appropriate, advisable or necessary
XIV.
The guarantee of freedom of expression signifies: (1%)
(A) absolute freedom to express oneself
(B) freedom from prior restraint
(C) right to freely speak on anything without limitations
(D) the right of the government to regulate speech
(E) the right of broadcast stations to air any program
XV.
Allmighty Apostles is a relatively new religious group and movement with fast-growing
membership. One time, DeepThroat, an investigative reporter, made a research and
study as to what the groups leader, Maskeraid was actually doing. DeepThroat
eventually came up with the conclusion that Maskeraid was a phony who is just
fooling the simple-minded people to part with their money in exchange for the
promise of eternal happiness in some far -away heaven. This was published in a
newspaper which caused much agitation among the followers of Maskeraid. Some
threatened violence against DeepThroat, while some others already started
destroying properties while hurting those selling the newspaper. The local authorities,
afraid of the public disorder that such followers might do, decided to ban the
distribution of the newspaper containing the article. DeepThroat went to court
complaining about the prohibition placed on the dissemination of his article. He
claims that the act of the authorities partakes of the nature of hecklers veto, thus a
violation of the guaranty of press freedom. On th e other hand, the authorities counter
that the act was necessary to protect the public order and the greater interest of the
community. If you were the judge, how would you resolve the issue? (4%)
XVI.
The overbreadth doctrine posits that the government: (1%)
(A) must know the extent of its power
(B) when it exercises too much power it is like someone with bad breath it is
not healthy to society
(C) can enact laws which can reach outside its borders, like long -arm statues
(D) the government is prohibited in banning unprotected speech if a substantial
amount of protected speech is restrained or chilled in the process
XVII.
Towards the end of the year, the Commission on Audit (COA) sought the remainder
of its appropriation from the Department of Budge t and Management (DBM).
However, the DBM refused because the COA had not yet submitted a report on the
expenditures relative to the earlier amount released to it. And, pursuant to the "no
report, no release" policy of the DBM, COA is not entitled to any further releases in
the meantime. COA counters that such a policy contravenes the guaranty of fiscal
autonomy granted by the Constitution. Is COA entitled to receive the rest of its
appropriations even without complying with the DBM policy? (4%)
XVIII.
The National Building Code and its implementing rules provide, inter alia, that
operators of shopping centers and malls should provide parking and loading spaces,
in accordance with a prescribed ratio. The Solicitor General, heeding the call of the
public for the provision of free parking spaces in malls, filed a case to compel said
business concerns to discontinue their practice of collecting parking fees. The mall
owners and operators oppose, saying that this is an invalid taking of their property,
thus a violation of due process. The Solicitor General justifies it, however, claiming
that it is a valid exercise of police power. Could the mall owners and operators be
validly compelled to provide free parking to their customers? (4%)
XIX.
Surveys Galore is an outfit involved in conducting nationwide surveys. In one such
survey, it asked the people about the degree of trust and confidence they had in
several institutions of the government. When the results came in, the judiciary was
shown to be less trusted than most of the government offices. The results were then
published by the mass media. Assension, a trial court judge, felt particularly offended
by the news. He then issued a show-cause order against Surveys Galore directing
the survey entity to explain why it should not be cited in contempt for coming up with
such a survey and publishing the results which were so unflattering and degrading to
the dignity of the judiciary. Surveys Galore immediately assailed the show-cause
order of Judge Assension, arguing that it is violative of the constitutional guaranty of
freedom of expression. Is Surveys Galores petition meritorious? (4%)
XX.
Under the so-called doctrine of qualified political agency, (1%)
(A) civil servants must first qualify before they could be appointed to office
(B) all employees in the government are merely agents of the people
(C) the acts of subordinates presumptively of those of the heads of offices
disapproves them
(D) members of the Cabinet must have the absolute trust and confidence of the
President
XXI.
Constituent power refers to the authority (1%)
(A) of public officials to command respect
(B) given to Congress to enact police power measures
(C) to propose constitutional amendments or revisions
(D) of the people to take back the power entrusted to those in government
(E) of the President to call out the armed forces to suppress lawless violence
XXII.
The National Power and Grid Corporation (NPGC), a government entity involved in
power generation distribution, had its transmissi on lines traverse some fields
belonging to Farmerjoe. NPGC did so without instituting any expropriation
proceedings. Farmerjoe, not knowing any better, did not immediately press his claim
for payment until after ten years later when a son of his took up Law and told him that
he had a right to claim compensation. That was then the only time that Farmerjoe
earnestly demanded payment. When the NPGC ignored him, he instituted a case for
payment of just compensation. In defense, NPGC pointed out that the claim had
already prescribed since under its Charter it is clearly provided that "actions for
damages must be filed within five years after the rights of way, transmission lines,
substations, plants or other facilities shall have been established and that after said
period, no suit shall be brought to question the said rights of way, transmission lines,
substations, plants or other facilities." If you were the lawyer of Farmerjoe, how would
continuously on the same page and the immediately succeeding pages until
completed.
Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of
the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts, and
to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion
will not be given any credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or
D corresponding to your chosen answer.
There is only one correct answer to every MCQ; choose the BEST answer from
among the offered choices. Note that some MCQs may need careful analysis both of
the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Notebook that can serve as an identifying mark/s (such as names
that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam
Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the
examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH
YOUR NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations
I.
Linda was employed by Sectarian University (SU) to cook for the members of a
religious order who teach and live inside the campus. While performing her assigned
task, Linda accidentally burned herself. Because of the extent of her injuries, she
went on medical leave. Meanwhile, SU engaged a replacement cook. Linda filed a
complaint for illegal dismissal, but her employer SU contended that Linda was not a
XII.
Which of the following groups does not enjoy the right to selforganization? (1%)
(A) those who work in a non-profit charitable institution
(B) those who are paid on a piece-rate basis
(C) those who work in a corporation with less than 10 employees
(D) those who work as legal secretaries
XIII.
Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed
that the plants in his garden needed trimming. He remembered that Lando, a 17-year
old out-of-school youth, had contacted him in church the other day looking for work.
He contacted Lando who immediately attended to Don Luiss garden a nd finished
the job in three days. (4%)
(A) Is there an employer-employee relationship between Don Luis and Lando?
(B) Does Don Luis need to register Lando with the Social Security System
(SSS)?
XIV.
Luisito has been working with Lima Land for 20 years. Wanting to work in the public
sector, Luisito applied with and was offered a job at Livecor. Before accepting the
offer, he wanted to consult you whether the payments that he and Lima Land had
made to the Social Security System (SSS) can be transferred or credited to the
Government Service Insurance System (GSIS). What would you advice? (4%)
XV.
Our Lady of Peace Catholic School Teachers and Employees Labor Union (OLPCSTELU) is a legitimate labor organization composed of vice principals, department
heads, coordinators, teachers, and non-teaching personnel of Our Lady of Peace
Catholic School (OLPCS).
OLPCS-TELU subsequently filed a petition for certification election among the
teaching and non-teaching personnel of OLPCS before the Bureau of Labor
Relations (BLR) of the Department of Labor and Employment (DOLE). The MedArbiter subsequently granted the petition and ordered the conduct of a joint
certification election for the teaching and non-teaching personnel of OLPCS.
May OLPCS-TELU be considered a legitimate labor organization? (5%)
XVI.
Samahang East Gate Enterprises (SEGE) is a labor organization composed of the
rank-and-file employees of East Gate Enterprises (EGE), the leading manufacturer of
Lionel to be one of the incorporators and assigned to him 100 Liberty shares. Lionel
was also given the title Assistant Vice-President for Sales and Head of Technical
Coordination. After several months, there were allegations that Lionel was engaged
in "under the table dealings" and received "confidential commissions" from Libertys
clients and suppliers. He was, therefore, charged with serious misconduct and willful
breach of trust, and was given 48 hours to present his explanation on the charges.
Lionel was unable to comply with the 48 -hour deadline and was subsequently barred
from entering company premises. Lionel then filed a complaint with the Labor Arbiter
claiming constructive dismissal. Among others, the company sought the dismissal of
the complaint alleging that the case involved an intra-corporate controversy which
was within the jurisdiction of the Regional Trial Court (RTC).
If you were the Labor Arbiter assigned to the case, how would you rule on the
companys motion to dismiss? (5%)
XX.
Lito was anticipating the bonus he would receive for 2013. Aside from the 13th month
pay, the company has been awarding him and his other co-employees a two to three
months bonus for the last 10 years. However, because of poor over-all sales
performance for the year, the company unilaterally decided to pay only a one month
bonus in 2013. Is Litos employer legally allowed to reduce the bonus? (4%)
XXI.
An accidental fire gutted the JKL factory in Caloocan. JKL decided to suspend
operations and requested its employees to stop reporting for work. After six (6)
months, JKL resumed operations but hired a new set of employees. The old set of
employees filed a case for illegal dismissal. If you were the Labor Arbiter, how would
you decide the case? (4%)
XXII.
Despite a reinstatement order, an employer may choose not to reinstate an employee
if: (1%)
(A) there is a strained employer-employee relationship
(B) the position of the employee no longer exists
(C) the employers business has been closed
(D) the employee does not wish to be reinstated.
XXIII.
Luningning Foods engaged the services of Lamitan Manpower, Inc., a bona fide
independent contractor, to provide "tasters" that will check on food quality.
Subsequently, these "tasters" joined the union of rank -and-file employees of
Luningning and demanded that they be made regular employees of the latter as they
are performing functions necessary and desirable to operate the companys
have?
XXVII.
The jurisdiction of the National Labor Relations Commission does not include: (1%)
(A) exclusive appellate jurisdiction over all cases decided by the Labor Arbiter
(B) exclusive appellate jurisdiction over all cases decided by Regional Directors
or hearing officers involving the recovery of wages and other monetary claims
and benefits arising from employer-employee relations where the aggregate
money claim of each does not exceed five thousand pesos (Php5,000)
(C) original jurisdiction to act as a compulsory arbitration body over labor
disputes certified to it by the Regional Directors
(D) power to issue a labor injunction
---ooo0ooo--2014 BAR EXAMINATIONS
COMMERCIAL LAW
October 19, 2014
continuously on the same page and the immediately succeeding pages until
completed.
Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of
the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts, and
to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion
will not be given any credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or
D corresponding to your chosen answer. There is only one correct answer to every
MCQ; choose the BEST answer from among the offered choices.
5. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Notebook that can serve as an identifying mark/s (such as names
that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam
Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the
examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH
YOUR NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations
I.
Carlo and Bianca met in the La Boracay festivities. Immediately, they fell in love with
each other and got married soon after. They have been cohabiting blissfully as
husband and wife, but they did not have any offspring. As the years passed by, Carlo
decided to take out an insurance on Biancaslife for P1,000,000.00 with him (Carlo)
as sole beneficiary, given that he did not have a steady source of income and he
always depended on Bianca both emotionally and financially. During the term of the
insurance, Bianca died of what appeared to bea mysterious cause so that Carlo
immediately requested for an autopsy tobe conducted. It was established that Bianca
died of a natural cause. More than that, it was also established that Bianca was a
transgender all along a fact unknown to Carlo. Can Carlo claim the insurance
benefit? (5%)
II.
Bong bought 300 bags of rice from Ben for P300,000.00. As payment, Bong indorsed
to Bena Bank of the Philippine Islands (BPI) check issued by Baby in the amount
of P300,000.00. Upon presentment for payment, the BPI check was dishonored
because Babys account from which it was drawn has been closed. To replace the
dishonored check, Bong indorsed a crossed Development Bank of the Philippines
(DBP) check issued also by Baby for P300,000.00. Again, the check was dishonored
because of insufficient funds. Ben sued Bong and Baby on the dishonored BPI
check. Bong interposed the defense that the BPI check was discharged by novation
when Ben accepted the crossed DBP check as replacement for the BPI check. Bong
cited Section 119 of the Negotiable Instruments Law which provides that a negotiable
instrument is discharged "by any other act which will discharge a simple contractfor
the payment of money." Is Bong correct? (4%)
III.
Under the Financial Rehabilitation and Insolvency Act (FRIA), the filing of a petition
for voluntary rehabilitation must be approved by: (1%)
(A) a majority vote of the Board of Directors and authorized by the vote of the
stockholders representing at least a majority of the outstanding capital stock
(B) a majority vote of the Board of Directors and authorized by the vote of the
stockholders representing at least two-thirds of the outstanding capital stock
(C) two-thirds vote of the Board of Directors and authorized by the vote of the
stockholders representing at least a majority of the outstanding capital stock
(D) two-thirds vote of the Board of Directors and authorized by the vote of the
stockholders representing at least two-thirds of the outstanding capital stock
IV.
DC is a unit owner of Medici Condominium located in Pasig City. On September 7,
2011, Medici Condominium Corp. (Medici) demanded from DC payment for alleged
unpaid association dues and assessments amounting toP195,000.00. DC disputed
the claim, saying that he paid all dues as shown by the fact that he was previously
elected as Director and President of Medici. Medici, on the other hand, claimed that
DCs obligation was a carry-over of his obligations to the condominium developer,
Medici Construction Corporation. Consequently, DCwas prevented from exercising
his right to vote and be voted for during the 2011 election of Medicis Board of
Directors. This prompted DC to file a complaint for damages before the Special
Commercial Court of Pasig City. Medici filed a motion to dismiss on the ground that
the court has no jurisdiction over the intra-corporate dispute which the Housing and
Land Use Regulatory Board (HLURB) has exclusive jurisdiction over. Is Medici
correct? (4%)
V.
A corporation organized under the Corporation Code commences to have corporate
existence and juridical personality and is deemed incorporated: (1%)
(A) from the date the application for incorporation is filed with the Securities and
Exchange Commission (SEC)
(B) from the date the SEC issues a certificate of incorporation under its official
seal
(C) thirty (30) days after the date the application for incorporation is filed with
the SEC
(D) thirty (30) days after the datethe SEC issues a certificate of incorporation
under its official seal
VI.
On May 26, 2014, Jess insured with Jack Insurance (Jack) his 2014 Toyota Corolla
sedan under a comprehensive motor vehicle insurance policy for one year. On July 1,
2014, Jess car was unlawfully taken. Hence, he immediately reported the theft to the
Traffic Management Command (TMC) of the Philippine National Police (PNP), which
made Jess accomplish a complaint sheet as part of its procedure. In the complaint
sheet, Jess alleged that a certain Ric Silat(Silat) took possession of the subject
vehicle to add accessories and improvements thereon. However, Silat failed to return
the subject vehicle within the agreed 3-day period. As a result, Jess notified Jack of
his claim for reimbursement of the value of the lost vehicle under the insurance
policy. Jack refused to pay claiming that there is no theft as Jess gave Silat lawful
possession of the car. Is Jack correct? (4%)
VII.
Jinggy went to Kluwer University(KU) in Germany for his doctorate degree (Ph.D.).
He completed his degree with the highest honors in the shortest time. When he came
back, he decided to set-up his own graduate school in his hometown in Zamboanga.
After seeking free legal advice from his high-flying lawyer-friends, he learned that the
Philippines follows the territoriality principle in trademark law, i.e., trademark rights
are acquired through valid registration in accordance with the law. Forth with, Jinggy
named his school the Kluwer Graduate School of Business of Mindanao and
immediately secured registration with the Bureau of Trademarks. KU did not like the
unauthorized use of its name by its top alumnus no less. KU sought your help. What
advice can you give KU? (4%)
VIII.
As a rule, an insurance contract is consensual and voluntary. The exception is in the
case of: (1%)
(A) Inland Marine Insurance
ground that planholders are not creditors as they (planholders) have a trust
relationship with PA. Are the planholders correct? (4%)
XII.
To constitute a quorum for the transaction of corporate business, only a majority of
the number of Board of Directors is required: (1%)
(A) as fixed by the corporate by-laws
(B) as fixed in the articles of incorporation
(C) actually serving in the board
(D) actually serving in the board but constituting a quorum
XIII.
Pursuant to its By-Laws, Soei Corporations Board of Directors created an Executive
Committee to manage the affairs of the corporation in between board meetings. The
Board of Directors appointed the following members of the Executive Committee: the
President, Sarah L; the Vice President, Jane L; and, a third member from the board,
Juan Riles. On December 1, 2013, the Executive Committee, with Sarah L and Jane
L present, met and decided on the following matters:
1. Purchase of a delivery van for use in the corporations retail business;
2. Declaration and approval of the 13th month bonus;
3. Purchase of an office condominium unit at the Fort; and
4. Declaration of P10.00 per share cash dividend.
Are the actions of the Executive Committee valid? (4%)
XIV.
On September 25, 2013, Danny Marcial (Danny) procured an insurance on his life
with a face value ofP5,000,000.00 from RN Insurance Company (RN), with his wife
Tina Marcial(Tina) as sole beneficiary. On the same day, Danny issued an undated
check to RN for the full amount of the premium. On October 1, 2013, RN issued the
policy covering Dannys life insurance. On October 5, 2013, Dannymet a tragic
accident and died. Tina claimed the insurance benefit, but RN was quick to deny the
claim because at the time of Dannys death, the check was not yet encashed and
therefore the premium remained unpaid.
Is RN correct? Will your answer be the same if the check is dated October 15, 2013?
(4%)
XV.
A, B, C, D, and Ewere members of the 2003-2004 Board of Directors of FLP
Corporation. At the election for the 2004-2005 Board of Directors, not one of them
was elected. They filed in court a derivative suit on behalf of FLP Corporation against
the newly-elected members of the Board of Directors. They questioned the validity of
the election as it was allegedly marred by lack of quorum, and prayed for the
nullification of the said election. The 2004-2005 Board of Directorsmoved to dismiss
the complaint because the derivative suit is not proper. Decide. (4%)
XVI.
In intellectual property cases, fraudulent intent is not an element of the cause of
action except in cases involving: (1%)
(A) trademark infringement
(B) copyright infringement
(C) patent infringement
(D) unfair competition
XVII.
On December 1, 2010, Kore A Corporationshipped from South Korea to LT
Corporation in Manila some 300,000 sheets of high-grade special steel. The
shipment was insured against all risks by NA Insurance(NA). The carrying vessel
arrived at the Portof Manila on January 10, 2011. When the shipment was
discharged, it was noted that 25,000 sheets were damaged and in bad order. The
entire shipment was turned over to the custody of ATI, the arrastre operator, on
January 21, 2011 for storage and safekeeping, pending its withdrawal by the
consignees authorized customs broker, RVM.
On January 26 and 29, 2011, the subject shipment was withdrawn by RVM from the
custody of ATI. On January 29, 2011, prior to the withdrawal of the last batch of the
shipment, a joint inspection of the cargo was conducted per the Request for Bad
Order Survey (RBO) dated January 28, 2011. The examination report showed that
30,000 sheets of steel were damaged and in bad order.
NA Insurance paid LT Corporationthe amount of P30,000,000.00 for the 30,000
sheets that were damaged, as shown in the Subrogation Receipt dated January 13,
2013. Thereafter, NA Insurance demanded reparation against ATI for the goods
damaged in its custody, in the amount of P5,000,00.00. ATI refused to pay claiming
that the claim was already barred by the statute of limitations. ATI alleged that the
Carriage of Goods by Sea Act (COGSA) applies in this case since the goods were
shipped from a foreign port to the Philippines. NA Insurance claims that the COGSA
does not apply, since ATIis not a shipper or carrier. Who is correct? (5%)
XVIII.
Skechers Corporation sued Inter-Pacific for trademark infringement, claiming that
Inter-Pacificused Skechers registered "S" logo mark on Inter-Pacifics shoe products
without its consent. Skechers has registered the trademark "SKECHERS" and the
trademark "S" (with an oval design) with the Intellectual Property Office (IPO).
In its complaint, Skechers points out the following similarities: the color scheme of the
blue, white and gray utilized by Skechers. Even the design and "wave-like" pattern of
the mid-sole and outer sole of Inter Pacifics shoes are very similar to Skechers
shoes, if not exact patterns thereof. On the side of Inter-Pacifics shoes, near the
upper part, appears the stylized "S" placed in the exact location as that of the stylized
"S" the Skechers shoes. On top of the "tongue" of both shoes, appears the stylized
"S" in practically the same location and size.
In its defense, Inter-Pacific claims that under the Holistic Test, the following
dissimilarities are present: the mark "S" found in Strong shoes is not enclosed in an
"oval design"; the word "Strong" is conspicuously placed at the backside and insoles;
the hang tags labels attached to the shoes bear the word "Strong" for Inter-Pacific
and "Skechers U.S.A." for Skechers; and, Strong shoes are modestly priced
compared to the costs of Skechers shoes.
Under the foregoing circumstances, which is the proper test to be applied Holistic
or Dominancy Test? Decide. (4%)
XIX.
Guetze and his wife have three (3) children: Neymar, 25, who is now based in Rio de
Janeiro, Brazil; Muelter, 23, who has migrated to Munich, Germany; and James, 21,
who resides in Bogota, Colombia. Neymar and Muelter have since renounced their
Philippine citizenship in favor of their country of residence. Nearing 70 years old,
Guetze decided to incorporate his business in Binondo, Manila. He asked his wife
and three (3) children to act as incorporators with one (1) share of stock each, while
he owned 999,996 shares of the 1,000,000 shares of the capital stock. (6%)
(A) Assuming all other requirements are met, should the Securities and
Exchange Commission (SEC) accept or reject the Articles of Incorporation?
Why?
(B) Being the control freak and micro-manager that he is, Guetze asked you
his astute legal adviser if he can serve as Chairman of the Board of Directors,
as President, and as General Manager of the corporation, all at the same time.
Please advise Guetze.
(C) Assuming the corporation has beenproperly registered, may the Articles of
Incorporation now beamended to reduce the number of directors to two (2)
Guetze and his wife to reflect the real owners of the shares of stock?
XX.
On May 13, 1996, PAM, Inc. obtained a P15,000,000.00 fire insurance policy from
Ilocano Insurance covering its machineries and equipment effective for one (1) yearor
until May 14, 1997. The policy expressly stated that the insured properties were
located at "Sanyo Precision Phils. Building, Phase III, Lots 4 and 6, Block 15, PEZA,
Rosario, Cavite." Before its expiration, the policy was renewed on "as is" basis for
another year or until May 13, 1998. The subject properties were later transferred to
Pace Factory also in PEZA. On October 12, 1997, during the effectivity of the
renewed policy, a fire broke out at the Pace Factory which totally burned the insured
properties.
The policy forbade the removal of the insured properties unless sanctioned by
Ilocano. Condition 9(c) of the policy provides that "the insurance ceases to attach as
regards the property affected unless the insured, before the occurrence of any loss or
damage, obtains the sanction of the company signified by endorsement upon the
policy x x x (c) if the property insured is removed to any building or place other than
in that which is herein stated to be insured." PAM claims that it has substantially
complied with notifying Ilocano through its sister company, the RBC, which, in fact,
referred PAM to Ilocano for the insurance coverage. Is Ilocano liable under the
policy? (4%)
XXI.
On July 3, 1993, Delia Sotero (Sotero) took out a life insurance policy from Ilocos
Bankers Life Insurance Corporation (Ilocos Life) designating Creencia Aban(Aban),
her niece, as her beneficiary. Ilocos Life issued Policy No. 747, with a face value
of P100,000.00, in Soteros favor on August 30, 1993, after the requisite medical
examination and payment of the premium.
On April 10, 1996, Sotero died. Aban filed a claim for the insurance proceeds on July
9, 1996. Ilocos Life conducted an investigation into the claim and came out withthe
following findings:
1. Soterodid not personally apply for insurance coverage, as she was illiterate.
2. Soterowas sickly since 1990.
3. Soterodid not have the financial capability to pay the premium on the policy.
4. Soterodid not sign the application for insurance.
5. Aban was the one who filed the insurance application and designated herself
as the beneficiary.
For the above reasons and claiming fraud, Ilocos Life denied Abans claim on April
16, 1997, but refunded the premium paid on the policy. (6%)
(A) May Sotero validly designate her niece as beneficiary?
(B) May the incontestability period set in even in cases of fraud as alleged in
this case?
(C) Is Aban entitled to claim the proceeds under the policy?
XXII.
Paul George Pua (Pua) filed a complaint for a sum of money against the spouses
Benito and Caroline James (Spouses James). In the complaint, Pua prayed that the
defendants pay Pua the amount of P8,500,000.00, covered by a check. Pua asserts
that defendants owed him a sum of money way back in 1988 for which the Spouses
James gave him several checks. These checks, however, had all been dishonored
and Pua has not been paid the amount of the loan plus the agreed interest. In 1996,
the Spouses James approached Pua to get the computation of their liability including
the 2% compounded interest. After bargaining to lower the amount of their liability,
the Spouses James gave Puaa postdated check bearing the discounted amount
of P8,500,000.00. Like the 1988 checks, the drawee bank likewise dishonored this
check. To prove his allegations, Pua submitted the original copies of the 17 checks
issued by Caroline in 1988 and the check issued in 1996, Manila trust Check No.
750. The Spouses James, on the other hand, completely denied the existence of the
debt asserting that they had never approached Pua to borrow money in 1988 or in
1996. They assert, instead, that Pua is simply acting at the instance of his sister,
Lilian, to file a false charge against them using a check left to fund a gambling
business previously operated by Lilian and Caroline. Decide. (5%)
XXIII.
What vote is needed to consider every decision to be a valid corporate act? (1%)
(A) a majority of the directors present at the meeting
(B) two-thirds of the directors present at the meeting
(C) a majority of the directors present at the meeting at which there is a quorum
(D) two-thirds of the directors present at the meeting at which there is a quorum
XXIV.
A criminal complaint for violation of B.P. 22 was filed by Foton Motors (Foton), an
entity engaged in the business of car dealership, against Pura Felipe (Pura) with the
Office of the City Prosecutor of Quezon City. The Office found probable cause to
indict Pura and filed an information before the Metropolitan Trial Court (MeTC) of
Quezon City, for her issuance of a postdated check in the amount of P1,020,000.00
which was subsequently dishonored upon presentment due to "Stop Payment."
Pura issued the check because her son, Freddie, attracted by a huge discount
of P220,000.00, purchased a Foton Blizzard 4x2 from Foton. The term of the
transaction was Cash-on-Delivery and no downpayment was required. The car was
delivered on May 14, 1997, but Freddie failed to pay upon delivery. Despite nonpayment, Freddie took possession of the vehicle.
Pura was eventually acquitted of the charge of violating B.P. 22 but was found civilly
liable for the amount of the check plus legal interest. Pura appealed the decision as
regards the civil liability, claiming that there was no privity of contract between Foton
and Pura. No civil liability could be adjudged against her because of her acquittal
from the criminal charge. It was Freddie who was civilly liable to Foton, Pura claimed.
Pura added that she could not be an accommodation party either because she only
came in after Freddie failed to pay the purchase price, or six (6) months after the
execution of the contract between Foton and Freddie. Her liability was limited to her
act of issuing a worthless check, but by her acquittal in the criminal charge, there was
no more basis for her to be held civilly liable to Foton. Puras act of issuing the
subject check did not, by itself, assume the obligation of Freddie to Foton or
automatically make her a party to the contract. Is Pura liable? (5%)
XXV.
In an action for collection of a sum of money, the Regional Trial Court (RTC) of
Makati City issued a decision finding D-Securities, Inc. liable to Rehouse Corporation
for P10,000,000.00. Subsequently, the writ of execution was issued but returned
unsatisfied because D-Securities had no more assets to satisfy the judgment.
Rehouse moved for an Alias Writ of Execution against Fairfield Bank (FB), the parent
company of D-Securities. FB opposed the motion on the grounds that it is a separate
entity and that it was never made a party to the case. The RTC granted the motion
and issued the Alias Writ of Execution. In its Resolution, the RTC relied on the
following facts: 499,995 out of the 500,000 outstanding shares of stocks of DSecurities are owned by FB; FB had actual knowledge of the subject matter of
litigation as the lawyers who represented D-Securities are also the lawyers of FB. As
an alter ego, there is no need for a finding of fraud or illegality before the doctrine of
piercing the veil of corporate fiction can be applied. The RTC ratiocinated that being
one and the same entity in the eyes of the law, the service of summons upon DSecurities has bestowed jurisdiction over both the parent and wholly-owned
subsidiary. Is the RTC correct? (4%)
XXVI.
DMP Corporation (DMP) obtained a loan of P20 million from National Bank (NB)
secured by a real estate mortgage over a 63,380-square-meter land situated in
Cabanatuan City. Due to the Asian Economic Crisis, DMP experienced liquidity
problems disenabling it from paying its loan on time. For that reason, NB sought the
extra judicial foreclosure of the said mortgage by filing a petition for sale on June 30,
2003. On September 4, 2003, the mortgaged property was sold at public auction,
which was eventually awarded to NBas the highest bidder. That same day, the Sheriff
executed a Certificate of Sale in favor of NB.
On October 21, 2003, DMP filed a Petition for Rehabilitation before the Regional Trial
Court (RTC). Pursuant to this, a Stay Order was issued by the RTC on October 27,
2003.
On the other hand, NB caused the recording of the Sheriffs Certificate of Sale on
December 3, 2003 with the Register of Deeds of Cabanatuan City. NB executed an
Affidavit of Consolidation of Ownership and had the same annotated on the title of
DMP. Consequently, the Register of Deeds cancelled DMPs title and issued a new
title in the name of NB on December 10, 2003.
NB also filed on March 17, 2004 an Ex-Parte Petition for Issuance of Writ of
Possession before the RTC of Cabanatuan City. After hearing, the RTC issued on
September 6, 2004 an Order directing the Issuance of the Writ of Possession, which
was issued on October 4, 2004.
DMP claims that all subsequent actions pertaining to the Cabanatuan property should
have been held in abeyance after the Stay Order was issued by the rehabilitation
court. Is DMP correct? (4%)
XXVII.
ELP Insurance, Inc. issued Marine Policy No. 888 in favor of FCL Corp. to insure the
shipment of 132 bundles of electric copper cathodes against all risks. Subsequently,
the cargoes were shipped on board the vessel "M/V Menchu" from Leyte to Pier 10,
North Harbor, Manila.
Upon arrival, FCL Corp. engaged the services of CGM, Inc. for the release and
withdrawal of the cargoes from the pier and the subsequent delivery to its
warehouses/plants in Valenzuela City. The goods were loaded on board twelve (12)
trucks owned by CGM, Inc., driven by its employed drivers and accompanied by its
employed truck helpers. Of the twelve (12) trucks en routeto Valenzuela City, only
eleven (11) reached the destination. One (1) truck, loaded with eleven (11) bundles of
copper cathodes, failed to deliver its cargo.
Because of this incident, FCL Corp. filed with ELP Insurance, Inc. a claim for
insurance indemnity in the amount of P1,500,000.00. After the requisite investigation
and adjustment, ELP Insurance, Inc. paid FCL Corp. the amount of P1,350,000.00 as
insurance indemnity.
ELP Insurance, Inc., thereafter, filed a complaint for damages against CGM, Inc.
before the Regional Trial Court (RTC), seeking reimbursement of the amount it had
paid to FCL Corp. for the loss of the subject cargo. CGM, Inc. denied the claim on the
basis that it is not privy to the contract entered into by and between FCL Corp. and
ELP Insurance, Inc., and hence, it is not liable therefor. If you are the judge, how will
you decide the case? (4%)
XXVIII.
Which of the following instruments is negotiable if all the other requirements of
negotiability are met? (1%)
(A) A promissory note with promise to pay out of the U.S. Dollar account of the
maker in XYZ Bank
(B) A promissory note which designates the U.S. Dollar currency in which
payment is to be made
(C) A promissory note which contains in addition a promise to paint the portrait
of the bearer
(D) A promissory note made payable to the order of Jose Cruz or Josefa Cruz
XXIX.
KKis from Bangkok, Thailand. She studies medicine in the Pontifical University of
Santo Tomas (UST). She learned that the same foreign books prescribed in UST are
40-50% cheaper in Bangkok. So she ordered 50 copies of each book for herself and
her classmates and sold the books at 20% less than the price in the Philippines. XX,
the exclusive licensed publisher of the books in the Philippines, sued KK for copyright
infringement. Decide. (4%)
---oo0ooo--2014 BAR EXAMINATIONS
CRIMINAL LAW
October 19, 2014
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or
D corresponding to your chosen answer. There is only one correct answer to every
MCQ; choose the BEST answer from among the offered choices.
5. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Notebook that can serve as an identifying mark/s (such as names
that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam
Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the
examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH
YOUR NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations
I.
Ms. Ahad been married to Mr. B for 10 years. Since their marriage, Mr. B had been
jobless and a drunkard, preferring to stay with his "barkadas" until the wee hours of
the morning. Ms. A was the breadwinner and attended to the needs of their three (3)
growing children. Many times, when Mr. Bwas drunk, he would beat Ms. Aand their
three (3) children, and shout invectives against them. In fact, in one of the beating
incidents, Ms. A suffered a deep stab wound on her tummy that required a prolonged
stay in the hospital. Due to the beatings and verbal abuses committed against her,
she consulted a psychologist several times, as she was slowly beginning to lose her
mind. One night, when Mr. Barrived dead drunk, he suddenly stabbed Ms. Aseveral
times while shouting invectives against her. Defending herself from the attack, Ms. A
grappled for the possession of a knife and she succeeded. She then stabbed Mr. B
several times which caused his instantaneous death. Medico-Legal Report showed
that the husband suffered three (3) stab wounds. Can Ms. Avalidly put up a defense?
Explain. (5%)
II.
Macho married Ganda, a transgender. Macho was not then aware that Ganda was a
transgender. On their first night, after their marriage, Macho discovered that Ganda
was a transgender. Macho confronted Ganda and a heated argument ensued. In the
course of the heated argument, a fight took place wherein Ganda got hold of a knife
to stab Macho. Macho ran away from the stabbing thrusts and got his gun which he
pointed at Ganda just to frighten and stop Ganda from continuing with the attack.
Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally
pulled the trigger and hit Ganda that caused the latters death. What was the crime
committed? (4%)
III.
City Engr. A, is the city engineer and the Chairman of the Bids and Awards
Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an
ordinance,allotted the amount of P100 million for the construction of a road leading to
the poblacion. City Engr. A instead, diverted the construction of the road leading to
his farm. Investigation further showed that he accepted money in the amount of P10
million each from three (3) contending bidders, who eventually lost in the bidding.
Audit report likewise showed that service vehicles valued at P2 million could not be
accounted for although reports showed that these were lent to City Engr. As
authorized drivers but the same were never returned. Further, there were funds under
City Engr. As custody amounting to P10 million which were found to be missing and
could not be accounted for. In another project, he was instrumentalin awarding a
contract for the construction of a city school building costing P10 million to a close
relative, although the lowest bid was P8 million. Investigation also revealed that City
Engr. A has a net worth of more than P50 million, which was way beyond his
legitimate income. (8%)
(A) If you are the Ombudsman, what charge or charges will you file against City
Engr. A?
(B) Suppose the discovered net worth of City Engr. Ais less than P50 million,
will your answer still be the same?
IV.
Madam X, a bank teller, received from depositor Madam Y a check payable to cash in
the amount of P1 million, to be deposited to the account of Madam Y. Because the
check was not a crossed check, Madam X credited the amount to the account of her
good friend, Madam W, by accomplishing a deposit slip. Seven (7) days after, Madam
X contacted her good friend, Madam W and told her that the amount of P1 million
was wrongfully credited to Madam W, thus, Madam X urged Madam W to withdraw
the amount of P1 million from her accountand to turn over the same to Madam X. As
a dutiful friend, Madam W readily acceded. She was gifted by Madam X with an
expensive Hermes bag after the withdrawal of the amount. What crime/s, if any, did
Madam X and Madam W commit? Explain. (5%)
V.
Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense
again for a person to join the Communist Party of the Philippines. Reporma, a former
high-ranking member of the Communist Party, was charged under the new law for his
membership in the Communist Party when he was a student in the 80s. He now
challenges the charge against him. What objections may he raise? (3%)
VI.
Awas caught peeping through a small hole in the bathroom door while a young 16year-old lady was taking a bath. Ais liable for: (1%)
(A) Violation of R.A. 9262 or Violence Against Women and their Children
(B) Violation of R.A. 7610 Child Abuse Law
(C) Light coercion
(D) Acts of lasciviousness
VII.
Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of
release for Takas, Filthys cousin, who was in jail for a drug charge. After
receiving P500,000.00, Loko forged the signature of the judge on the order of release
and accompanied Filthyto the detention center. At the jail, Loko gave the
guard P10,000.00 to open the gate and let Takas out.
What crime or crimes did Filthy, Loko, and the guard commit? (4%)
VIII.
Pretty was a campus beauty queen who, because of her looks and charms, attracted
many suitors. Having decided that she would become a nun, Pretty turned down all
her suitors. Guapo, one of her most persistent suitors, could not handle rejection and
one night, decided to accost Pretty as she walked home. Together with Pogi, Guapo
forced Pretty into his car and drove her to an abandoned warehouse where heand
Pogi forced Pretty to dance for them. Later, the two took turns in raping her.After
satisfying their lusts, Guapo and Pogi dropped her off at her house. (4%)
(A) What crime or crimes did Guapo and Pogi commit?
(B) Pretty, after the ordeal, decided to take her own life by hanging herself one
hour after the rape. Would Guapo and Pogi be liable for Prettys death? Explain.
IX.
A, B, and C agreed to rob the house of Mr. Dat 10 oclock in the evening, with Cas
the driver of the tricycle which they would use in going to and leaving the house of
Mr. D, and Aand Bas the ones who would enter the house to get the valuables of Mr.
D. As planned, C parked the tricycle in a dark place, while A and B entered the house
thru an open door. Once inside, A entered the masters bedroom and started getting
all the valuables he could see, while Bentered another room. While inside the room,
B saw a male person and immediately Bbrought out his gun but he accidentally
pulled its trigger. The bullet went through the window, hitting a neighbor that killed
him. Neighbors were then awakened by the gunfire and policemen were alerted. Not
long after, policemen arrived. Aand B panicked and got hold of a young boy and
shouted to the policemen who were already outside of the house that they would
harm the boy if the policemen did not disperse. Aand B demanded that they should
be allowed to use a vehicle to bring them to a certain place and that would be the
time that they would release the young boy. The policemen acceded. In the
meantime, Cwas arrested by the policemen while he was about to flee, while Aand B,
after releasing the young boy, were arrested.
What crime/s did A, B, and Ccommit, and what modifying circumstances attended the
commission of the crime/s? (6%)
X.
Loko advertised on the internet that he was looking for commercial models for a TV
advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her
a contract, which Ganda signed. She was asked to report to an address which turned
out to be a high-end brothel. Ganda became one of its most featured attraction. What
is Lokos liability, if any? What effect would Gandas minority have on Lokos liability?
(4%)
XI.
A, in a public place, fired his gun at B with the intention of killing B, but the gun did
not fire because the bullet is a dud. The crime is: (1%)
(A) attempted homicide
(B) grave threat
(C) impossible crime
(D) alarm and scandal
XII.
Sexy boarded a taxi on her way home from a party. Because she was already tipsy,
she fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and
drove Sexyto a deserted place where he raped her for a period of two (2) weeks.
What crime did Pogi commit? (4%)
XIII.
Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti
fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian
(Vet) to ask for poison on the pretext that he was going to kill a sick pet, when
actually Puti was intending to poison Pula.
The Vetinstantly gave Puti a non-toxic solution which, when mixed with Pulas food,
did not kill Pula. (4%)
(A) What crime, if any, did Puti commit?
(B) Would your answer be the same if, as a result of the mixture, Pula got an
Mr. Ed, although no demand letter was earlier sent to Mr. Ed.
During the preliminary investigation, Mr. Benjie accepted several amounts from Mr.
Edas partial payments. The wife of Mr. Benjie protested and insisted that the
complaint should continue despite the partial payments. On the other hand, Mr. Ed
counters that no demand letter was earlier sent to him, that the obligation is merely
civil in character and that novation took place when Mr. Benjie accepted the partial
payments. Discuss the criminal liability, if any, of Mr. Ed. (6%)
XVII.
Pierceis a French diplomat stationed in the Philippines. While on EDSA and driving
with an expired license, he hit a pedestrian who was crossing illegally. The pedestrian
died. Pierce was charged with reckless imprudence resulting in homicide. In his
defense, he claimed diplomatic immunity. Is Pierce correct? (3%)
XVIII.
Manolo, an avid art collector, was invited to Tonios house. There, Manolo noticed a
nice painting that exactly looked like the painting which he reported was stolen from
him some years back. Manolo confronted Tonio about the painting, but Tonio denied
any knowledge, claiming that he bought the painting legitimately from a friend.
Manolo later proved to Toniothat the painting was indeed the stolen painting. (4%)
(A) What crime/s, if any, may Tonio be charged with?
(B) Manolo decided to take matters into his own hands and, one night, broke
into Tonios house by destroying the wall and taking the painting. What, if any,
would be the liability of Manolo?
XIX.
Clepto went alone to a high-end busy shop and decided to take one of the smaller
purses without paying for it. Overcame by conscience, she decided to leave her own
purse in place of the one she took. Her act was discovered and Cleptowas charged
with theft. She claimed that there was no theft, as the store suffered no injuryor
prejudice because she had left a purse in place of the one she took. Comment on her
defense. (3%)
XX.
Which of the following is not a qualifying aggravating circumstance? (1%)
(A) treachery
(B) evident premeditation
(C) dwelling
(D) cruelty
XXI.
During trial for theft in 2014, the prosecution managed to show that accused AA has
also been convicted by final judgment for robbery in 2003, but she eluded capture. A
subsequent verification showed that AA had several convictions, to wit:
(1.) In 1998, she was convicted of estafa;
(2.) In 2002, she was convicted of theft;
(3.) In 2004, she was convicted of frustrated homicide;
The judge trying the theft case in 2014 is about to convict AA. What circumstances
affecting the liability or penalty may the judge appreciate against AA? (4%)
XXII.
Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr.
Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud
voice that if he could not have Ms. Yellow, no one can. He then proceeded to the
mens room but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and
Mr. White asked Mr. Red what he meant but Mr. Red simply said, "You already know
what I want," and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and
hurt Ms. Yellow. (4%)
(A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue
for the death of Mr. Green?
(B) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue
for the injuries of Ms. Yellow?
XXIII.
Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by
her parents to drive her to and from school every day. Enrique wrote a ransom note
demanding that Carlas parents pay him P500,000.00 ransom in exchange for her
liberty. However, before the ransom note could be received by Carlas parents,
Enriques hideout was discovered by the police. Carla was rescued while Enrique
was arrested. The prosecutor considered that the ransom note was never received
by Carlas parents and filed a case of "Impossible crime to commit kidnapping"
against Enrique. Is the prosecutor correct? If he is not correct, can he instead file a
case of grave coercion? (4%)
XXIV.
A, a young boy aged sixteen (16) at the time of the commission of the crime, was
convicted when he was already seventeen (17) years of age for violation of Section
11 of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable
penalty is life imprisonment and a fine. Section 98 of the same law provides that if the
penalty imposed is life imprisonment to death on minor offenders, the penalty shall be
reclusion perpetuato death. Under R.A. 9344, a minor offender is entitled to a
I. LEGAL ETHICS
A. Practice of law (Rule 138)
1. Concept
a) Privilege
b) Profession, not business
2. Qualifications
3. Appearance of non-lawyers
a) Law student practice (Rule 138-A)
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing
4. Sanctions for practice or appearance without authority
a) Lawyers without authority
b) Persons not lawyers
5. Public officials and practice of law
a) Prohibition or disqualification of former government attorneys
b) Public officials who cannot practice law or with restrictions
6. Lawyers authorized to represent the government
7. Lawyers oath
B. Duties and responsibilities of a lawyer
1. To society
a) Respect for law and legal processes
i) Withdrawal of services
C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of
Court)
1. Nature and characteristics of disciplinary actions against lawyers
a) Sui generis
b) Prescription
2. Grounds
3. Proceedings
4. Discipline of Filipino lawyers practicing abroad
D. Readmission to the Bar
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated
E. Mandatory Continuing Legal Education
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
6. Bar Matter 2012, Rule on Mandatory Legal Aid Service
F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)
G. Legal Fees (Rule 141)
1. Manner of payment
2. Fees in lien
3. Persons authorized to collect legal fees
H. Costs
1. Recovery of costs (Rule 142)
a) Prevailing party
b) Dismissed appeal or action
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness
IMPORTANT NOTES:
1. This listing of covered topics is not intended and should not be used by the
law schools as a course outline. This was drawn up for the limited purpose of
ensuring that Bar candidates are guided on the coverage of the 2014 Bar
Examinations.
2. All Supreme Court decisions - pertinent to a given Bar subject and its listed
topics, and promulgated up toMarch 31, 2014 - are examinable materials within
the coverage of the 2014 Bar Examinations.
COVERAGE
REMEDIAL LAW
2014 BAR EXAMINATIONS
1. General Principles
1.1. Concept of remedial law
1.2. Substantive law vis--vis remedial law
1.3. Rule-making power of the Supreme Court
1.3.1 Limitations on the rule-making power of the Supreme Court
1.3.2. Power of the Supreme Court to amend and suspend procedural rules
a) Grounds
b) When to file
c) Denial of the motion; effect
d) Grant of the motion; effect
e) Remedy when motion is denied, fresh 15-day period rule
3.16.2. Appeals in general
a) Judgments and final orders subject to appeal
b) Matters not appealable
c) Remedy against judgments and orders which are not appealable
d) Modes of appeal
i. Ordinary appeal
ii. Petition for review
iii. Petition for review on certiorari
e) Issues to be raised on appeal
f) Period of appeal
g) Perfection of appeal
h) Appeal from judgments or final orders of the MTC
i) Appeal from judgments or final orders of the RTC
j) Appeal from judgments or final orders of the CA
k) Appeal from judgments or final orders of the CTA
l) Review of final judgments or final orders of the Comelec
m) Review of final judgments or final orders of the Ombudsman
n) Review of final judgments or final orders of the NLRC
o) Review of final judgments or final orders of quasi-judicial agencies
3.16.3. Relief from judgments, orders and other proceedings
a) Grounds for availing of the remedy
b) Time to file petition
c) Contents of petition
3.16.4. Annulment of judgments or final orders and resolutions
a) Grounds for annulment
b) Period to file action
c) Effects of judgment of annulment
3.16.5. Collateral attack of judgments
3.17. Execution, satisfaction and effect of judgments
3.17.1. Difference between finality of judgment for purposes of appeal; for
purposes of execution
3.17.2. When execution shall issue
a) Execution as a matter of right
b) Discretionary execution
3.17.3. How a judgment is executed
a) Execution by motion or by independent action
b) Issuance and contents of a writ of execution
c) Execution of judgments for money
d) Execution of judgments for specific acts
e) Execution of special judgments
f) Effect of levy on third persons
3.17.4. Properties exempt from execution
3.17.5. Proceedings where property is claimed by third persons
a) In relation to third-party claim in attachment and replevin
3.17.6. Rules on redemption
3.17.7. Examination of judgment obligor when judgment is unsatisfied
3.17.8. Examination of obligor of judgment obligor
3.17.9. Effect of judgment or final orders
3.17.10. Enforcement and effect of foreign judgments or final orders
f) Order of expropriation
g) Ascertainment of just compensation
h) Appointment of commissioners; commissioners report; court action upon
commissioners report
i) Rights of plaintiff upon judgment and payment
j) Effect of recording of judgment
3.19.10. Foreclosure of real estate mortgage
a) Judgment on foreclosure for payment or sale
b) Sale of mortgaged property; effect
c) Disposition of proceeds of sale
d) Deficiency judgment
i. Instances when court cannot render deficiency judgment
e) Judicial foreclosure versus extrajudicial foreclosure
f) Equity of redemption versus right of redemption
3.19.11. Partition
a) Who may file complaint; who should be made defendants
b) Matters to allege in the complaint for partition
c) Two stages in every action for partition
d) Order of partition and partition by agreement
e) Partition by commissioners; appointment of commissioners,
commissioners report; court action upon commissioners report
f) Judgment and its effects
g) Partition of personal property
h) Prescription of action
3.19.12. Forcible entry and unlawful detainer
a) Definitions and distinction
b) Distinguished from accion publiciana, accion reivindicatoria and accion
interdictal
h) Confessions
i) Similar acts as evidence
6.5.6. Hearsay Rule
a) Meaning of hearsay
b) Reason for exclusion of hearsay evidence
c) Exceptions to the hearsay rule
i. Dying declaration
ii. Declaration against interest
iii. Act or declaration about pedigree
iv. Family reputation or tradition regarding pedigree
v. Common reputation
vi. Part of the res gestae
vii. Entries in the course of business
viii. Entries in official records
ix. Commercial lists and the like
x. Learned treaties
xi. Testimony or deposition at a former trial
6.5.7. Opinion rule
a) Opinion of expert witness
b) Opinion of ordinary witness
6.5.8. Character evidence
a) Criminal cases
b) Civil cases
6.5.9. Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
a) Applicability of the rule
b) Meaning of "child witness"
c) Competency of a child witness
10.4.6. Bail
10.4.7. Arraignment and plea
10.4.8. Pre-trial
10.4.9. Subsidiary liabilities
10.5. Evidence
10.5.1. Precautionary principle
10.5.2. Documentary evidence
11. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
11.1. Scope and where applicable
11.2 Contents and Procedure
11.3 Application to criminal actions
11.4 Effect of non-compliance
11.5 Effect on other rules
12. Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)
IMPORTANT NOTES:
1. This listing of covered topics is not intended and should not be used by the
law schools as a course outline. This was drawn up for the limited purpose of
ensuring that Bar candidates are guided on the coverage of the 2014 Bar
Examinations.
2. All Supreme Court decisions - pertinent to a given Bar subject and its listed
topics, and promulgated up toMarch 31, 2014 - are examinable materials within
the coverage of the 2014 Bar Examinations.
2014 BAR EXAMINATIONS
TAXATION LAW
October 12, 2014
1. This Questionnaire contains THIRTEEN (13) pages including these Instructions pages. Check the number of pages and
the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct
number of pages and their proper numbers.
There are TWENTY-NINE (29) Essay and Multiple Choice Questions (MCQs) to be answered within four (4) hours.
The essay portion contains questions that are equivalent to not less than 80% of the whole examination, while the MCQ
portion contains questions equivalent to not more than 20%.
2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the
questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well
the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system
in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back page of every sheet
of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets
thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a subquestion under the same number may be written continuously on the same page and the immediately succeeding pages
until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from
the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and
understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should
demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound
conclusion from the given premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit.Thus,
always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same
time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that
are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, D, or E corresponding to your chosen
answer. There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note
that some MCQs may need careful analysis both of the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can
serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the
Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can
disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations
I.
On March 27, 2012, the Bureau of Internal Revenue (BIR) issued a notice of assessment against Blue Water Industries
Inc. (BWI), a domestic corporation, informing the latter of its alleged deficiency corporate income tax for the year 2009. On
April 20, 2012, BWI filed a letter protest before the BIR contesting said assessment and demanding that the same be
cancelled or set aside.
However, on May 19, 2013, that is, after more than a year from the filing of the letter protest, the BIR informed BWI that
the latters letter protest was denied on the ground that the assessment had already become final, executory and
demandable. The BIR reasoned that its failure to decide the case within 180 days from filing of the letter protest should
have prompted BWI to seek recourse before the Court of Tax Appeals (CTA) by filing a petition for review within thirty (30)
days after the expiration of the 180-day period as mandated by the provisions of the last paragraph of Section 228 of the
National Internal Revenue Code (NIRC). Accordingly, BWIs failure to file a petition for review before the CTA rendered the
assessment final, executory and demandable. Is the contention of the BIR correct? Explain. (5%)
II.
Mr. De Sarapen is a candidate in the upcoming Senatorial elections. Mr. De Almacen, believing in the sincerity and ability
of Mr. De Sarapen to introduce much needed reforms in the country, contributed P500,000.00 in cash to the campaign
chest of Mr. De Sarapen. In addition, Mr. De Almacen purchased tarpaulins, t-shirts, umbrellas, caps and other campaign
materials that he also donated to Mr. De Sarapen for use in his campaign. Is the contribution of cash and campaign
materials subject to donors tax? (4%)
III.
Dr. Taimtim is an alumnus of the College of Medicine of Universal University (UU), a privately-owned center for learning
which grants yearly dividends to its stockholders.
UU has a famous chapel located within the campus where the old folks used to say that anyone who wanted to pass the
medical board examinations should offer a dozen roses on all the Sundays of October. This was what Dr. Taimtim did
when he was still reviewing for the board examinations. In his case, the folk saying proved to be true because he is now a
successful cardiologist. Wanting to give back to the chapel and help defray the costs of its maintenance, Dr. Taimtim
donated P50,000.00 to the caretakers of the chapel which was evidenced by an acknowledgment receipt.
In computing his net taxable income, can Dr.Taimtim use his donation to the chapel as an allowable deduction from his
gross income under the National Internal Revenue Code (NIRC)? (4%)
IV.
Gangwam Corporation (GC) filed its quarterly tax returns for the calendar year 2012 as follows:
First quarter - April 25, 2012
Second quarter - July 23, 2012
Third quarter - October 25, 2012
Fourth quarter - January 27, 2013
On December 22, 2013, GC filed with the Bureau of Internal Revenue (BIR) an administrative claim for refund of its
unutilized input Value-Added Tax (VAT) for the calendar year 2012. After several months of inaction by the BIR on its claim
for refund, GC decided to elevate its claim directly to the Court of Tax Appeals (CTA) on April 22, 2014.
In due time, the CTA denied the tax refund relative to the input VAT of GC for the first quarter of 2012, reasoning that the
claim was filed beyond the two-year period prescribed under Section 112(A) of the National Internal Revenue Code
(NIRC).
(A) Is the CTA correct? (3%)
(B) Assuming that GC filed its claim before the CTA on February 22, 2014, would your answer be the same? (3%)
V.
The City of Liwliwa assessed local business taxes against Talin Company. Claiming that there is double taxation, Talin
Company filed a Complaint for Refund or Recovery of Illegally and/or Erroneously-collected Local Business Tax;
Prohibition with Prayer to Issue Temporary Restraining Order and Writ of Preliminary Injunction with the Regional Trial
Court (RTC). The RTC denied the application for a Writ of Preliminary Injunction. Since its motion for reconsideration was
denied, Talin Company filed a special civil action for certiorari with the Court of Appeals (CA). The government lawyer
representing the City of Liwliwa prayed for the dismissal of the petition on the ground that the same should have been
filed with the Court of Tax Appeals (CTA). Talin Company, through its lawyer, Atty. Frank, countered that the CTA cannot
entertain a petition for certiorari since it is not one of its powers and authorities under existing laws and rules.
Decide. (5%)
VI.
Choose the correct answer. Smuggling - (1%)
(A) does not extend to the entry of imported or exported articles by means of any false or fraudulent invoice,
statement or practices; the entry of goods at less than the true weight or measure; or the filing of any false or
fraudulent entry for the payment of drawback or refund of duties.
(B) is limited to the import of contraband or highly dutiable cargo beyond the reach of customs authorities.
(C) is committed by any person who shall fraudulently import or bring into the Philippines, or assist in so doing,
any article, contrary to law, or shall receive, conceal, buy, sell or any manner facilitate the transportation,
concealment or sale of such article after importation, knowing the same to have been imported contrary to law.
VII.
In accordance with the Local Government Code (LGC), the Sangguniang Panglungsod (SP) of Baguio City enacted Tax
Ordinance No. 19, Series of 2014, imposing a P50.00 tax on all the tourists and travellers going to Baguio City. In
imposing the local tax, the SP reasoned that the tax collected will be used to maintain the cleanliness of Baguio City and
for the beautification of its tourist attractions. (D) is punishable by administrative penalty only.
Claiming the tax to be unjust, Baguio Travellers Association (BTA), an association of travel agencies in Baguio City, filed a
petition for declaratory relief before the Regional Trial Court (RTC) because BTA was apprehensive that tourists might
cancel their bookings with BTAs member agencies. BTA also prayed for the issuance of a Temporary Restraining Order
(TRO) to enjoin Baguio City from enforcing the local tax on their customers and on all tourists going to Baguio City.
The RTC issued a TRO enjoining Baguio City from imposing the local tax. Aggrieved, Baguio City filed a petition for
certiorari before the Supreme Court (SC) seeking to set aside the TRO issued by the RTC on the ground that collection of
taxes cannot be enjoined. Will the petition prosper? (5%)
VIII.
Masarap Kumain, Inc. (MKI) is a Value-Added Tax (VAT)-registered company which has been engaged in the catering
business for the past 10 years. It has invested a substantial portion of its capital on flat wares, table linens, plates, chairs,
catering equipment, and delivery vans. MKI sold its first delivery van, already 10 years old and idle, to Magpapala Gravel
and Sand Corp. (MGSC), a corporation engaged in the business of buying and selling gravel and sand. The selling price
of the delivery van was way below its acquisition cost. Is the sale of the delivery van by MKI to MGSC subject to VAT?
(4%)
IX.
Mr. Gipit borrowed from Mr. Maunawain P100,000.00, payable in five (5) equal monthly installments. Before the first
installment became due, Mr. Gipit rendered general cleaning services in the entire office building of Mr. Maunawain, and
as compensation therefor, Mr. Maunawain cancelled the indebtedness of Mr. Gipit up to the amount of P75,000.00. Mr.
Gipit claims that the cancellation of his indebtedness cannot be considered as gain on his part which must be subject to
income tax, because according to him, he did not actually receive payment from Mr. Maunawain for the general cleaning
services. Is Mr. Gipit correct? Explain. (4%)
X.
Which of the following is an exclusion from gross income? (1%)
(A) Salaries and wages
(B) Cash dividends
(C) Liquidating dividends after dissolution of a corporation
(D) De minimis benefits
(E) Embezzled money
XI.
Triple Star, a domestic corporation, entered into a Management Service Contract with Single Star, a non-resident foreign
corporation with no property in the Philippines. Under the contract, Single Star shall provide managerial services for Triple
Stars Hongkong branch. All said services shall be performed in Hongkong.
Is the compensation for the services of Single Star taxable as income from sources within the Philippines? Explain. (4%)
XII.
Which of the following should not be claimed as deductions from gross income? (1%)
(A) discounts given to senior citizens on certain goods and services.
(B) advertising expense to maintain some form of goodwill for the taxpayers business.
(C) salaries and bonuses paid to employees.
(D) interest payment on loans for the purchase of machinery and equipment used in business.
XIII.
Hopeful Corporation obtained a loan from Generous Bank and executed a mortgage on its real property to secure the
loan. When Hopeful Corporation failed to pay the loan, Generous Bank extrajudicially foreclosed the mortgage on the
property and acquired the same as the highest bidder. A month after the foreclosure, Hopeful Corporation exercised its
right of redemption and was able to redeem the property. Is Generous Bank liable to pay capital gains tax as a result of
the foreclosure sale? Explain. (4%)
XIV.
Mr. X, a Filipino residing in Alabama, U.S.A., died on January 2, 2013 after undergoing a major heart surgery. He left
behind to his wife and two (2) kids several properties, to wit: (4%)
(1) Family home in Makati City;
(2) Condominium unit in Las Pias City;
(3) Proceeds of health insurance from Take Care, a health maintenance organization in the Philippines; and
(4) Land in Alabama, U.S.A.
The following expenses were paid:
(1) Funeral expenses;
(2) Medical expenses; and
(3) Judicial expenses in the testate proceedings.
(A) What are the items that must be considered as part of the gross estate income of Mr. X?
(B) What are the items that may be considered as deductions from the gross estate?
XV.
When is a pre-assessment notice required under the following cases? (1%)
(A) When the finding for any deficiency tax is the result of mathematical error in the computation of the tax as
appearing on the face of the return.
(B) When a discrepancy has been determined between the tax withheld and the amount actually remitted by the
withholding agent.
(C) When the excise tax due on excisable articles has been paid.
(D) When an article locally purchased or imported by an exempt person, such as, but not limited to vehicles,
capital equipment, machineries and spare parts, has been sold, traded or transferred to non-exempt persons.
XVI.
Mr. Tiaga has been a law-abiding citizen diligently paying his income taxes. On May 5, 2014, he was surprised to receive
an assessment notice from the Bureau of Internal Revenue (BIR) informing him of a deficiency tax assessment as a result
of a mathematical error in the computation of his income tax, as appearing on the face of his income tax return for the
year 2011, which he filed on April 15, 2012. Mr. Tiaga believes that there was no such error in the computation of his
income tax for the year 2011. Based on the assessment received by Mr. Tiaga, may he already file a protest thereon?
(4%)
XVII.
In a civil case for Annulment of Contract of Sale, plaintiff Ma. Reklamo presented in evidence the Contract of Sale which
she sought to be annulled. No documentary stamp tax on the Contract of Sale was paid because according to plaintiff Ma.
Reklamo, there was no need to pay the same since the sale was not registered with the Register of Deeds. Plaintiff Ma.
Reklamo is now offering the Contract of Sale as her evidence. Is the Contract of Sale admissible? (4%)
XVIII.
Madam X owns real property in Caloocan City. On July 1, 2014, she received a notice of assessment from the City
Assessor, informing her of a deficiency tax on her property. She wants to contest the assessment. (4%)
(A) What are the administrative remedies available to Madam X in order to contest the assessment and their
respective prescriptive periods?
(B) May Madam X refuse to pay the deficiency tax assessment during the pendency of her appeal?
XIX.
The Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 65-2012 imposing Value-Added
Tax (VAT) on association dues and membership fees collected by condominium corporations from its member
condominium-unit owners. The RMCs validity is challenged before the Supreme Court (SC) by the condominium
corporations.
The Solicitor General, counsel for BIR, claims that association dues, membership fees, and other assessment/charges
collected by a condominium corporation are subject to VAT since they constitute income payments or compensation for
the beneficial services it provides to its members and tenants.
On the other hand, the lawyer of the condominium corporations argues that such dues and fees are merely held in trust by
the condominium corporations exclusively for their members and used solely for administrative expenses in implementing
the condominium corporations purposes. Accordingly, the condominium corporations do not actually render services for a
fee subject to VAT.
Whose argument is correct? Decide. (5%)
XX.
During his lifetime, Mr. Sakitin obtained a loan amounting to P10 million from Bangko Uno for the purchase of a parcel of
land located in Makati City, using such property as collateral for the loan. The loan was evidenced by a duly notarized
promissory note. Subsequently, Mr. Sakitin died. At the time of his death, the unpaid balance of the loan amounted to P2
million. The heirs of Mr. Sakitin deducted the amount of P2 million from the gross estate, as part of the "Claims against the
Estate." Such deduction was disallowed by the Bureau of Internal Revenue (BIR) Examiner, claiming that the mortgaged
property was not included in the computation of the gross estate. Do you agree with the BIR? Explain. (4%)
XXI.
On August 31, 2014, Haelton Corporation (HC), thru its authorized representative Ms. Pares, sold a 16-storey commercial
building known as Haeltown Building to Mr. Belly for P100 million. Mr. Belly, in turn, sold the same property on the same
day to Bell Gates, Inc. (BGI) for P200 million. These two (2) transactions were evidenced by two (2) separate Deeds of
Absolute Sale notarized on the same day by the same notary public.
Investigations by the Bureau of Internal Revenue (BIR) showed that:
(1) the Deed of Absolute Sale between Mr. Belly and BGI was notarized ahead of the sale between HC and Mr. Belly; (2)
as early as May 17, 2014, HC received P40 million from BGI, and not from Mr. Belly; (3) the said payment of P40 million
was recorded by BGI in its books as of June 30, 2014 as investment in Haeltown Building; and (4) the substantial portion
of P40 million was withdrawn by Ms. Pares through the declaration of cash dividends to all its stockholders.
Based on the foregoing, the BIR sent Haeltown Corporation a Notice of Assessment for deficiency income tax arising from
an alleged simulated sale of the aforesaid commercial building to escape the higher corporate income tax rate of thirty
percent (30%). What is the liability of Haeltown Corporation, if any? (4%)
XXII.
Choose the correct answer. Double Taxation - (1%)
(A) is one of direct duplicate taxations wherein two (2) taxes must be imposed on the same subject matter, by the
same taxing authority, within the same jurisdiction, during the same period, with the same kind or character of tax,
even if the purposes of imposing the same are different.
(B) is forbidden by law; and therefore, it is a valid defense against the validity of a tax measure.
(C) means taxing the same property twice when it should be taxed only once; it is tantamount to taxing the same
XXVI.
Freezy Corporation, a domestic corporation engaged in the manufacture and sale of ice cream, made payments to an
officer of Frosty Corporation, a competitor in the ice cream business, in exchange for said officers revelation of Frosty
Corporations trade secrets.
May Freezy Corporation claim the payment to the officer as deduction from its gross income? Explain. (4%)
XXVII.
In January 2013, your friend got his first job as an o ffice clerk. He is single and lives with his family who depends upon
him for financial support. His parents have long retired from their work, and his two (2) siblings are still minors and
studying in grade school. In February 2014, he consulted you as he wanted to comply with all the rules pertaining to the
preparation and filing of his income tax return. He now asks you the following:
(A) Is he entitled to personal exemptions? If so, how much? (1%)
(B) Is he entitled to additional exemptions? If so, how much? (1%)
(C) What is the effect of the taxes withheld from his salaries on his taxable income? (2%)
XXVIII.
Choose the correct answer. Tax laws - (1%)
(A) may be enacted for the promotion of private enterprise or business for as long as it gives incidental advantage
to the public or the State
(B) are inherently legislative; therefore, may not be delegated
(C) are territorial in nature; hence, they do not recognize the generally-accepted tenets of international law
(D) adhere to uniformity and equality when all taxable articles or kinds of property of the same class are taxable at
the same rate
XXIX.
Doa Evelina, a rich widow engaged in the business of currency exchange, was assessed a considerable amount of local
business taxes by the City Government of Bagnet by virtue of Tax Ordinance No. 24. Despite her objections thereto, Doa
Evelina paid the taxes. Nevertheless, unsatisfied with said Tax Ordinance, Doa Evelina, through her counsel Atty. ELP,
filed a written claim for recovery of said local business taxes and contested the assessment. Her claim was denied, and
so Atty. ELP elevated her case to the Regional Trial Court (RTC).
The RTC declared Tax Ordinance No. 24 null and void and without legal effect for having been enacted in violation of the
public ation requirement of tax ordinances and revenue measures under the Local Government Code (LGC) and on the
ground of double taxation. On appeal, the Court of Tax Appeals (CTA) affirmed the decision of the RTC. No motion for
reconsideration was filed and the decision became final and executory. (4%)
(A) If you are Atty. ELP, what advice will you give Doa Evelina so that she can recover the subject local business
taxes?
(B) If Doa Evelina eventually recovers the local business taxes, must the same be considered as income taxable
by the national government?
---ooo0ooo--2014 BAR EXAMINATIONS
CIVIL LAW
October 12, 2014
1. This Questionnaire contains FOURTEEN (14) pages including these Instructions pages. Check the number of pages
and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct
XI.
An easement that can be acquired by prescription: (1%)
(A) Right of way
(B) Watering of an animal
(C) Lateral and subjacent support
(D) Light and view
XII.
J.C. Construction (J.C.) bought steel bars from Matibay Steel Industries (MSI) which is owned by Buddy Batungbacal. J.C.
failed to pay the purchased materials worth P500,000.00 on due date. J.C. persuaded its client Amoroso with whom it had
receivables to pay its obligation to MSI. Amoroso agreed and paid MSI the amount of P50,000.00. After two (2) other
payments, Amoroso stopped making further payments.
Buddy filed a complaint for collection of the balance of the obligation and damages against J.C. J.C. denied any liability
claiming that its obligation was extinguished by reason of novation which took place when MSI accepted partial payments
from Amoroso on its behalf.
Was the obligation of J.C. Construction to MSI extinguished by novation? Why? (4%)
XIII.
Esteban and Martha had four (4) children: Rolando, Jun, Mark, and Hector. Rolando had a daughter, Edith, while Mark
had a son, Philip. After the death of Esteban and Martha, their three (3) parcels of land were adjudicated to Jun. After the
death of Jun, the properties passed to his surviving spouse Anita, and son Cesar. When Anita died, her share went to her
son Cesar. Ten (10) years after, Cesar died intestate without any issue. Peachy, Anitas sister, adjudicated to herself the
properties as the only surviving heir of Anita and Cesar. Edith and Philip would like to recover the properties claiming that
they should have been reserved by Peachy in their behalf and must now revert back to them.
Is the contention of Edith and Philip valid? (4%)
XIV.
A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the street. Although the pedestrian
survived, the fetus inside her womb was aborted. Can the pedestrian recover damages on account of the death of the
fetus? (1%)
(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand damages for mental
anguish by reason of the death of the deceased.
(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver was the one negligent.
(C) No, because a fetus is not a natural person.
(D) No, if the fetus did not comply with the requirements under Article 41 of the Civil Code.
XV.
Mr. Bong owns several properties in Pasig City. He decided to build a condominium named Flores de Manila in one of his
lots. To fund the project, he obtained a loan from the National Bank (NB) secured by a real estate mortgage over the
adjoining property which he also owned.
During construction, he built three (3) pumps on the mortgaged property to supply water to the condominium. After one (1)
year, the project was completed and the condominium was turned over to the buyers. However, Mr. Bong failed to pay his
loan obligation to NB. Thus, NB foreclosed the mortgaged property where the pumps were installed. During the sale on
public auction of the mortgaged property, Mr. Simon won in the bidding. When Mr. Simon attempted to take possession of
the property, the condominium owners, who in the meantime constituted themselves into Flores de Manila Inc. (FMI),
claimed that they have earlier filed a case for the declaration of the existence of an easement before the Regional Trial
Court (RTC) of Pasig City and prayed that the easement be annotated in the title of the property foreclosed by NB. FMI
further claimed that when Mr. Bong installed the pumps in his adjoining property, a voluntary easement was constituted in
favor of FMI.
Will the action prosper? (4%)
XVI.
A congregation for religious women, by way of commodatum, is using the real property owned and registered in the name
of Spouses Manuel as a retreat house.
Maria, a helper of the congregation discovered a chest in the backyard. When she opened the chest, it contained several
pieces of jewelry and money. (4%)
(A) Can the chest containing the pieces of jewelry and money be considered as hidden treasure?
(B) Who has the right to claim ownership of it?
XVII.
On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children, Danilo and Carlito. One
of the properties he left was a piece of land in Alabang where he built his residential house.
After his burial, Leonora and Marianos children extrajudicially settled his estate. Thereafter, Leonora and Danilo advised
Carlito of their intention to partition the property. Carlito opposed invoking Article 159 of the Family Code. Carlito alleged
that since his minor child Lucas still resides in the premises, the family home continues until that minor beneficiary
becomes of age.
Is the contention of Carlito tenable? (4%)
XVIII.
Spouses Magtanggol managed and operated a gasoline station on a 1,000 sq.m. lot which they leased from Francisco
Bigla-awa. The contract was for a period of three (3) years. When the contract expired, Francisco asked the spouses to
peacefully vacate the premises. The spouses ignored the demand and continued with the operation of the gasoline
station.
One month after, Francisco, with the aid of a group of armed men, caused the closure of the gasoline station by
constructing fences around it.
Was the act of Francisco and his men lawful? Why? (4%)
XIX.
Who enjoys the Right of Retention? (1%)
(A) Depositary until full payment of what may be due him in deposit.
(B) Lessee if he advances the expenses for the repair of the leased premises.
(C) Bailee if bailor owes him something.
(D) Builder in bad faith for the recovery of necessary and useful expenses.
XX.
Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago, Manila Zoo, and Star City. To
be able to join, the parents of the students had to sign a piece of paper that reads as follows:
"I allow my child (name of student), Grade Section, to join the schools field trip on February 14, 2014.
I will not file any claim against the school, administrator or teacher in case something happens to my child during the trip."
Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the group was touring Manila Zoo.
The parents of Joey sued the school for damages. The school, as a defense, presented the waiver signed by Joeys
parents.
Was there a valid waiver of right to sue the school? Why? (4%)
XXI.
A delayed accession is: (1%)
(A) formation of an island
(B) avulsion
(C) alluvium
(D) change in the course of the riverbed
XXII.
On March 27, 1980, Cornelio filed an application for land registration involving a parcel of agricultural land that he had
bought from Isaac identified as Lot No. 2716 with an area of one (1) hectare. During the trial, Cornelio claimed that he and
his predecessors-in-interest had been in open, continuous, uninterrupted, public and adverse possession and occupation
of the land for more than thirty (30) years. He likewise introduced in evidence a certification dated February 12, 1981
citing a presidential declaration to the effect that on June 14, 1980, agricultural lands of the public domain, including the
subject matter of the application, were declared alienable and disposable agricultural land. (4%)
(A) If you are the judge, will you grant the application for land registration of Cornelio?
(B) Can Cornelio acquire said agricultural land through acquisitive prescription, whether ordinary or extraordinary?
XXIII.
After undergoing sex reassignment in a foreign country, Jose, who is now using the name of "Josie," married his partner
Ador. Is the marriage valid? (1%)
(A) Yes, the marriage is valid for as long as it is valid in the place where it is celebrated following Article 17 of the
Civil Code.
(B) Yes, the marriage is valid if all the essential and formal elements of marriage under the Family Code are
present.
(C) No, the marriage is not valid because one essential element of marriage is absent.
(D) No, the marriage is not valid but is voidable because "Josie" concealed her real identity.
XXIV.
Ted, married to Annie, went to Canada to work. Five (5) years later, Ted became a naturalized Canadian citizen. He
returned to the Philippines to convince Annie to settle in Canada. Unfortunately, Ted discovered that Annie and his friend
Louie were having an affair. Deeply hurt, Ted returned to Canada and filed a petition for divorce which was granted. In
December 2013, Ted decided to marry his childhood friend Corazon in the Philippines. In preparation for the wedding, Ted
went to the Local Civil Registry of Quezon City where his marriage contract with Annie was registered. He asked the Civil
Register to annotate the decree of divorce on his marriage contract with Annie. However, he was advised by the National
Statistics Office (NSO) to file a petition for judicial recognition of the decree of divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he obtained in Canada before he
can contract a second marriage in the Philippines? (4%)
XXV.
Mario executed his last will and testament where he acknowledges the child being conceived by his live-in partner Josie
as his own child; and that his house and lot in Baguio City be given to his unborn conceived child. Are the
acknowledgment and the donation mortis causa valid? Why? (4%)
XXVI.
Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a portion of the apartment
due to financial difficulty. Is the sublease contract valid? (1%)
(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.
(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.
(C) No, it is void if there is no written consent on the part of the lessor.
(D) No, it is void because of breach of the lease contract.
XXVII.
Fe, Esperanza, and Caridad inherited from their parents a 500 sq. m. lot which they leased to Maria for three (3) years.
One year after, Fe, claiming to have the authority to represent her siblings Esperanza and Caridad, offered to sell the
leased property to Maria which the latter accepted. The sale was not reduced into writing, but Maria started to make
partial payments to Fe, which the latter received and acknowledged. After giving the full payment, Maria demanded for the
execution of a deed of absolute sale which Esperanza and Caridad refused to do. Worst, Maria learned that the siblings
sold the same property to Manuel. This compelled Maria to file a complaint for the annulment of the sale with specific
performance and damages.
If you are the judge, how will you decide the case? (4%)
XXVIII.
Spouses Esteban and Maria decided to raise their two (2) nieces, Faith and Hope, both minors, as their own children after
the parents of the minors died in a vehicular accident.
Ten (10) years after, Esteban died. Maria later on married her boss Daniel, a British national who had been living in the
Philippines for two (2) years.
With the permission of Daniel, Maria filed a petition for the adoption of Faith and Hope. She did not include Daniel as her
co-petitioner because for Maria, it was her former husband Esteban who raised the kids.
If you are the judge, how will you resolve the petition? (4%)
XXIX.
Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business venture covering three (3)
fastfood stores known as "Hungry Toppings" that will be established at Mall Uno, Mall Dos, and Mall Tres.
The pertinent provisions of the MOA provides:
1. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to be set up by
Kristopher;
2. The proceeds of the business, after deducting expenses, shall be used to pay the principal amount of
P500,000.00 and the interest therein which is to be computed based on the bank rate, representing the bank loan
secured by Timothy;
3. The net profits, if any, after deducting the expenses and payments of the principal and interest shall be divided
as follows: seventy percent (70%) for Kristopher and thirty percent (30%) for Timothy;
4. Kristopher shall have a free hand in running the business without any interference from Timothy, his agents,
representatives, or assigns , and should such interference happen, Kristopher has the right to buy back the share
of Timothy less the amounts already paid on the principal and to dissolve the MOA; and
5. Kristopher shall submit his monthly sales report in connection with the business to Timothy.
What is the contractual relationship between Timothy and Kristopher? (4%)
XXX.
Joe Miguel, a well-known treasure hunter in Mindanao, executed a Special Power of Attorney (SPA) appointing his
nephew, John Paul, as his attorney-infact. John Paul was given the power to deal with treasure-hunting activities on Joe
Miguels land and to file charges against those who may enter it without the latters authority. Joe Miguel agreed to give
John Paul forty percent (40%) of the treasure that may be found on the land.
Thereafter, John Paul filed a case for damages and injunction against Lilo for illegally entering Joe Miguels land.
Subsequently, he hired the legal services of Atty. Audrey agreeing to give the latter thirty percent (30%) of Joe Miguels
share in whatever treasure that may be found in the land.
Dissatified however with the strategies implemented by John Paul, Joe Miguel unilaterally revoked the SPA granted to
John Paul.
Is the revocation proper? (4%)
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