2010 Bar exams Questionnaire

BAR EXAMINATION 2010

POLITICAL AND PUBLIC INTERNATIONAL LAW
05 September 2010

8 A.M. - 12 NN.
INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with sixteen (16) questions (numbered I to XVI), contained in eight
(8) pages; and Part II with eleven (11) questions (numbered XVII to XXVII), contained in four (4) pages, for a total
number of twelve (12) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion under the same
number may be written continuously on the same page and succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

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

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW
PART I
I
The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe,
former royal guards and the secessionist Gordon Peoples Army. The new government constituted a Truth and
Reconciliation Commission to look into the serious crimes committed under President As regime. After the hearings,
the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of
members of indigenous groups who opposed President A. International human rights groups argued that the
proposed amnesty law is contrary to international law. Decide with reasons. (4%)
II
Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%)
III
A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. Despite
warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai capital. In
the course of his coverage, he was killed with a stray bullet which was later identified as having come from the
ranks of the Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance.
a. Is there state responsibility on the part of Thailand? (2%)
b. What is the appropriate remedy available to the victims family under international law? (3%)
IV

Choose the statement which appropriately completes the opening phrase:

A State which resorts to retorsion in international law
a. must ensure that all states consent to its act.
b. cannot curtail migration from the offending state.
c. can expel the nationals of the offending state.
d. should apply proportionate response within appreciable limit.
e. None of the above.
Explain your answer. (2%)
V
Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in her
Statement of Assets and Liabilities. A member of her political party authored a bill which would provide a 5-year
development plan for all industrial estates in the Southern Tagalog Region to attract investors. The plan included an
appropriation of 2 billion pesos for construction of roads around the estates. When the bill finally became law, a civil
society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman As industrial
estate. Decide with reasons. (3%)
VI
The Poverty Alleviation and Assistance Act was passed to enhance the capacity of the most marginalized families
nationwide. A financial assistance scheme called conditional cash transfers was initially funded 500 million pesos
by Congress. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to
screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and
Development pursuant to the Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in
Tondo, questioned the authority of the Committee.
a. Does Mang Pandoy have legal standing to question the law?(2%)
b. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%)
Decide with reasons.
VII
True or False.
a. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility.
(0.5%)
b. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the
Congress. (0.5%)
VIII
Distinguish presidential communications privilege from deliberative process privilege. (3%)
IX
The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights
situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar professor Sung Kui, critical
of the military government in Myanmar, was invited as keynote speaker. The Secretary of Foreign Affairs informed
the President of the regional and national security implications of having Prof. Kui address the conference. The
President thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into Philippine territory.
The chancellor of CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%)
X
A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of Amparo before a
Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and production orders addressed to the
AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents, including the list of
detainees, if any. Accompanied by court-designated Commission on Human Rights (CHR) lawyers, A took
photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and
tortured before he finally disappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master
plan of Camp Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the

ground that it may violate his right against self-incrimination. Decide with reasons. (4%)
XI
Which statement best completes the following phrase: (1%)
Freedom from torture is a right
a. subject to derogation when national security is threatened.
b. confined only during custodial investigation.
c. which is non-derogable both during peacetime and in a situation of armed conflict.
d. both (a) and (b)
e. none of the above.
XII
A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a few seconds,
he heard B shouting, Huwag Pilo babayaran kita agad. Then A saw the two hooded men hitting B until the latter
fell lifeless. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an
exclusive village nearby. A reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the motorcycle
parked in the garage of a house at Sta. Ines Street inside the exclusive village. He inquired with the caretaker as to
who owned the motorcycle. The caretaker named the brothers Pilo and Ramon Maradona who were then outside
the country. PO1 Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval
took 2 ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide with
reasons. (4%)
XIII
True or False.
a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government
unit. (0.5%)
b. Re-classification of land by a local government unit may be done through a resolution. (0.5%)
c. Boundary disputes between and among municipalities in the same province may be filed immediately with
the Regional Trial Court. (0.5%)
d. The Metropolitan Manila Development Authority is authorized to confiscate a drivers license in the
enforcement of traffic regulations. (0.5%)
XIV
ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid substances are
released through a nearby creek, obnoxious odor is emitted causing dizziness among residents in Barangay La
Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC demanding that it abate the nuisance. This
was ignored. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the
president of ABC. The city government thereupon issued a cease and desist order to stop the operations of the
plant, prompting ABC to file a petition for injunction before the Regional Trial Court, arguing that the city government
did not have any power to abate the alleged nuisance. Decide with reasons. (3%)
XV
True or False.
a. A person who occupies an office that is defectively created is a de facto officer. (0.5%)
b. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a
designation. (0.5%)
c. A discretionary duty of a public officer is never delegable. (0.5%)
d. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate
to a permanent appointment. (0.5%)
XVI

Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a Manila-based
entrepreneur who runs KABAKA, a coalition of peoples organizations from fisherfolk communities. KABAKAs
operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance.
The Dutch Foundation for Global Initiatives, a private organization registered in The Netherlands, receives a huge
subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the Foundations partners like
KABAKA. Rudy seeks to register KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA
and Rudy be qualified as a party-list and a nominee, respectively? Decide with reasons. (4%)
PART II
XVII
During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint for carrying
highpowered firearms in his car. He was charged and convicted for violation of the COMELEC gun ban. He did not
appeal his conviction and instead applied for executive clemency. Acting on the favorable recommendation of the
Board of Pardons and Parole, the President granted him pardon. Is he eligible to run again for an elective position?
Explain briefly. (5%)
XVIII
The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and
anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation
(CIA) of Congressmen as exposed by X, a Division Chief of the Department of Budget and Management (DBM).
Implicated in the questionable disbursements are high officials of the Palace. The House Committee summoned X
and the DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but refused to
testify invoking executive privilege.
a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%)
b. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House
Committee? Explain briefly. If the answer is no, is there any sanction that may be imposed upon him? (3%)
XIX
To instill religious awareness in the students of Doa Trinidad High School, a public school in Bulacan, the ParentTeachers Association of the school contributed funds for the construction of a grotto and a chapel where
ecumenical religious services and seminars are being held after school hours. The use of the school grounds for
these purposes was questioned by a parent who does not belong to any religious group. As his complaint was not
addressed by the school officials, he filed an administrative complaint against the principal before the DECS. Is the
principal liable? Explain briefly. (5%)
XX
Define/explain the following:
a. Doctrine of operative facts (1%)
b. De facto municipal corporation (1%)
c. Municipal corporation by estoppel (1%)
d. Doctrine of necessary implication (1%)
e. Principle of holdover (1%)
XXI
The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their
hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the
ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. Is the
ordinance valid? Explain. (5%)
XXII
Governor Diy was serving his third term when he lost his governorship in a recall election.
a. Who shall succeed Governor Diy in his office as Governor? (1%)
b. Can Governor Diy run again as governor in the next election? (2%)
c. Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%)

XXIII
A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The Commission on
Appointments bypassed his ad interim appointment, however, and he was not re-appointed. Can he re-assume his
position as career Ambassador? (5%)
XXIV
Compare and contrast overbreadth doctrine from void-forvagueness doctrine. (5%)
XXV
a. What is the rotational scheme of appointments in the COMELEC? (2%)
b. What are the two conditions for its workability? (2%)
c. To what other constitutional offices does the rotational scheme of appointments apply? (2%)
XXVI
Distinguish between pocket veto and item veto. (2%)
XXVII
What is the concept of association under international law? (2%)
NOTHING FOLLOWS.

BAR EXAMINATION 2010

LABOR AND SOCIAL LEGISLATION
05 September 2010

2 P.M. 5 P.M.
INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with thirteen (13) questions (numbered I to XIII), contained in seven
(7) pages; and Part II with twelve (12) questions (numbered XIV-XXV), contained in six (6) pages, for a total number
of thirteen (13) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion under the same
number may be written continuously on the same page and succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

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

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LABOR AND SOCIAL LEGISLATION

PART I
I
TRUE OR FALSE. Explain your answer briefly.
1. Deeds of release, waivers and quitclaims are always valid and binding. (2%)
2. The relations between employer and employee are purely contractual in nature. (2%)
3. As a general rule, direct hiring of Overseas Filipino Workers (OFWs) is not allowed. (2%)
II
a. Distinguish the terms conciliation, mediation and arbitration. (3%)
b. Differentiate surface bargaining from blue-sky bargaining. (2%)
III
A, single, has been an active member of the Social Security System for the past 20 months. She became pregnant
out of wedlock and on her 7th month of pregnancy, she was informed that she would have to deliver the baby
through caesarean section because of some complications. Can A claim maternity benefits? If yes, how many days
can she go on maternity leave? If not, why is she not entitled? (3%)
IV
A, a worker at ABC Company, was on leave with pay on March 31, 2010. He reported for work on April 1 and 2,
Maundy Thursday and Good Friday, respectively, both regular holidays. Is A entitled to holiday pay for the two
successive holidays? Explain. (3%)
V
Company XYZ has two recognized labor unions, one for its rank-and-file employees (RFLU), and one for
supervisory employees (SELU). Of late, the company instituted a restructuring program by virtue of which A, a rankand-file employee and officer of RFLU, was promoted to a supervisory position along with four (4) other colleagues,
also active union members and/or officers. Labor Union KMJ, a rival labor union seeking recognition as the rankand-file bargaining agent, filed a petition for the cancellation of the registration of RFLU on the ground that A and
her colleagues have remained to be members of RFLU. Is the petition meritorious? Explain. (3%)
VI
A is a member of the labor union duly recognized as the sole bargaining representative of his company. Due to a
bargaining deadlock, 245 members of the 500-strong union voted on March 13, 2010 to stage a strike. A notice of
strike was submitted to the National Conciliation and Mediation Board on March 16, 2010. Seven days later or on
March 23, 2010, the workers staged a strike in the course of which A had to leave and go to the hospital where his
wife had just delivered a baby. The union members later intimidated and barred other employees from entering the
work premises, thus paralyzing the business operations of the company.
A was dismissed from employment as a consequence of the strike.
a. Was the strike legal? Explain. (3%)
b. Was As dismissal valid? Why or why not? (3%)
VII
A was an able seaman contracted by ABC Recruitment Agency for its foreign principal, Seaworthy Shipping
Company (SSC). His employment contract provided that he would serve on board the Almieda II for eight (8)
months with a monthly salary of US$450. In connection with his employment, he signed an undertaking to observe
the drug and alcohol policy which bans possession or use of all alcoholic beverages, prohibited substances and unprescribed drugs on board the ship. The undertaking provided that: (1) disciplinary action including dismissal would
be taken against anyone in possession of the prohibited substances or who is impaired by the use of any of these
substances, and (2) to enforce the policy, random test sampling would be done on all those on board the ship.
On his third month of service while the Almieda II was docked at a foreign port, a random drug test was conducted
on all members of the crew and A tested positive for marijuana. He was given a copy of the drug test result. In
compliance with the companys directive, he submitted his written explanation which the company did not find
satisfactory. A month later, he was repatriated to the Philippines.
Upon arrival in the Philippines, A filed with the National Labor Relations Commission (NLRC) a complaint against

the agency and the principal for illegal dismissal with a claim for salaries for the unexpired portion of his contract.
a. Was As dismissal valid? Explain. (3%)
b. Is his claim for salaries for the unexpired portion of his contract tenable? Explain. (3%)
VIII
ABC company and U labor union have been negotiating for a new Collective Bargaining Agreement (CBA) but failed
to agree on certain economic provisions of the existing agreement. In the meantime, the existing CBA expired. The
company thereafter refused to pay the employees their midyear bonus, saying that the CBA which provided for the
grant of midyear bonus to all company employees had already expired. Are the employees entitled to be paid their
midyear bonus? Explain your answer. (3%)
IX
A was working as a medical representative of RX pharmaceutical company when he met and fell in love with B, a
marketing strategist for Delta Drug Company, a competitor of RX. On several occasions, the management of RX
called As attention to the stipulation in his employment contract that requires him to disclose any relationship by
consanguinity or affinity with coemployees or employees of competing companies in light of a possible conflict of
interest. A seeks your advice on the validity of the company policy. What would be your advice? (3%)
X
A, an employee of XYZ Cooperative, owns 500 shares in the cooperative. He has been asked to join the XYZ
Cooperative Employees Association. He seeks your advice on whether he can join the association. What advice will
you give him? (3%)
XI
Because of continuing financial constraints, XYZ, Inc. gave its employees the option to voluntarily resign from the
company. A was one of those who availed of the option. On October 5, 2007, he was paid separation benefits
equivalent to seven (7) months pay for his six (6) years and seven (7) months of service with the company and he
executed a waiver and quitclaim.
A week later, A filed against XYZ, Inc. a complaint for illegal dismissal. While he admitted that he was not forced to
sign the quitclaim, he contended that he agreed to tender his voluntary resignation on the belief that XYZ, Inc. was
closing down its business. XYZ, Inc., however, continued its business under a different company name, he claimed.
Rule on whether the quitclaim executed by A is valid or not. Explain. (3%)
XII
On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc. through its Philippine
manning agency XYZ. Under the standard employment contract of the Philippine Overseas Employment
Administration (POEA), his employment was to commence upon his actual departure from the port in the point of
hire, Manila, from where he would take a flight to the USA to join the cruise ship MS Carnegie. However, more
than three months after A secured his exit clearance from the POEA for his supposed departure on January 15,
2009, XYZ still had not deployed him for no valid reason.
Is A entitled to relief? Explain. (3%)
XIII
A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive bargaining
agent. Although A is a member of rival union XYR-MU, he receives the benefits under the CBA that XYZ-EU had
negotiated with the company.
XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A insists that he has no
obligation to pay said dues and fees because he is not a member of XYZEU and he has not issued an
authorization to allow the collection. Explain whether his claim is meritorious. (3%)
PART II
XIV
After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a beer factory, A hurried home to
catch the early evening news and have dinner with his family. At around 10 p.m. of the same day, the plant manager
called and ordered A to fill in for C who missed the second shift.
a. May A validly refuse the plant managers directive? Explain. (2%)

b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday, may the company
argue that, since he was two hours late in coming to work on Thursday morning, he should only be paid for
work rendered from 1 a.m. to 2 a.m.? Explain? (3%)
XV
Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc., recently admitted a
member of the companys managerial staff, A, into the union ranks.
a. Should A be a member of the supervisory union? Explain. (2%)
b. Assuming that A is ineligible to join the union, should the registration of Samahang Manggagawa ng
Terracota be cancelled? Explain. (3%)
XVI
On the first day of collective bargaining negotiations between rank-and-file Union A and B Bus Company, the former
proposed a P45/day increase. The company insisted that ground rules for negotiations should first be established,
to which the union agreed. After agreeing on ground rules on the second day, the union representatives reiterated
their proposal for a wage increase. When company representatives suggested a discussion of political provisions in
the Collective Bargaining Agreement as stipulated in the ground rules, union members went on mass leave the next
day to participate in a whole-day prayer rally in front of the company building.
a. The company filed a petition for assumption of jurisdiction with the Secretary of Labor and Employment. The
Union opposed the petition, arguing that it did not intend to stage a strike. Should the petition be granted?
Explain. (2%)
b. The Union contended that assuming that the mass leave will be considered as a strike, the same was valid
because of the refusal of the company to discuss the economic provisions of the CBA. Rule on the
contention. (2%)
c. Union member AA, a pastor who headed the prayer rally, was served a notice of termination by
management after it filed the petition for assumption of jurisdiction. May the company validly terminate AA?
Explain. (2%)
XVII
A was hired to work in a sugar plantation performing such tasks as weeding, cutting and loading canes, planting
cane points, fertilizing and cleaning the drainage. Because his daily presence in the field was not required, A also
worked as a houseboy at the house of the plantation owner. For the next planting season, the owner decided not to
hire A as a plantation worker but as a houseboy instead. Furious, A filed a case for illegal dismissal against the
plantation owner. Decide with reason. (3%)
XVIII
Flight attendant A, five feet and six inches tall, weighing 170 pounds ended up weighing 220 pounds in two years.
Pursuant to the long standing Cabin and Crew Administration Manual of the employer airline that set a 147-pound
limit for As height, management sent A a notice to shape up or ship out within 60 days. At the end of the 60-day
period, A reduced her weight to 205 pounds. The company finally served her a Notice of Administration Charge for
violation of company standards on weight requirements. Should A be dismissed? Explain. (3%)
XIX
Several employees and members of Union A were terminated by Western Phone Co. on the ground of redundancy.
After complying with the necessary requirements, the Union staged a strike and picketed the premises of the
company. The management then filed a petition for the Secretary of Labor and Employment to assume jurisdiction
over the dispute. Without the benefit of a hearing, the Secretary issued an Order to assume jurisdiction and for the
parties to revert to the status quo ante litem.
a. Was the order to assume jurisdiction legal? Explain. (2%)
b. Under the same set of facts the Secretary instead issued an Order directing all striking workers to return to
work within 24 hours, except those who were terminated due to redundancy. Was the Order legal? Explain.
(3%)
XX
A, a driver for a bus company, sued his employer for nonpayment of commutable service incentive leave credits
upon his resignation after five years of employment. The bus company argued that A was not entitled to service
incentive leave since he was considered a field personnel and was paid on commission basis and that, in any
event, his claim had prescribed. If you were the Labor Arbiter, how would you rule? Explain. (6%)

XXI
A was approached for possible overseas deployment to Dubai by X, an interviewer of job applicants for Alpha
Personnel Services, Inc., an overseas recruitment agency. X required A to submit certain documents (passport, NBI
clearance, medical certificate) and to pay P25,000 as processing fee. Upon payment of the said amount to the
agency cashier, A was advised to wait for his visa. After five months, A visited the office of Alpha Personnel
Services, Inc. during which X told him that he could no longer be deployed for employment abroad. A was informed
by the Philippine Overseas Employment Administration (POEA) that while Alpha Personnel Services, Inc. was a
licensed agency, X was not registered as its employee, contrary to POEA Rules and Regulations. Under POEA
Rules and Regulations, the obligation to register personnel with the POEA belongs to the officers of a recruitment
agency.
a. May X be held criminally liable for illegal recruitment? Explain. (2%)
b. May the officers having control, management or direction of Alpha Personnel Services, Inc. be held
criminally liable for illegal recruitment? Explain. (3%)
XXII
A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi Arabian construction
firm, with a monthly salary of $650.00. When she got to the construction site, the employer compelled her to sign
another contract that referred her to another employer for a salary of $350.00. She worked for the second employer
and was paid $350.00 until her two-year contract expired. Upon her return to the Philippines, she filed a case
against the agency and the two employers. May the agency validly raise the defense that it was not privy to the
transfer of A to the second employer? Explain. (3%)
XXIII
A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before the NLRC, alleging that
he was paid below the minimum wage. The employer denied any underpayment, arguing that based on long
standing, unwritten policy, the Hotel provided food and lodging to its housekeeping employees, the costs of which
were partly shouldered by it and the balance was charged to the employees. The employees corresponding share
in the costs was thus deducted from their wages. The employer concluded that such valid deduction naturally
resulted in the payment of wages below the prescribed minimum. If you were the Labor Arbiter, how would you rule?
Explain. (3%)
XXIV
Rank-and-file workers from Peacock Feathers, a company with 120 employees, registered their independent labor
organization with the Department of Labor and Employment (DOLE) Regional Office. Management countered with a
petition to cancel the unions registration on the ground that the minutes of ratification of the union constitution and
by-laws submitted to the DOLE were fraudulent. Specifically, management presented affidavits of ten (10) out of
forty (40) individuals named in the list of union members who participated in the ratification, alleging that they were
not present at the supposed January 1, 2010 meeting held for the purpose. The union argued that the stated date of
the meeting should have read January 11, 2010, instead of January 1, 2010, and that, at any rate, the other thirty
(30) union members were enough to register a union. Decide with reason. (3%)
XXV
Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. In the pertinent
Memorandum, management explained that too much texting and phone-calling by employees disrupted company
operations. Two employeesmembers of Union X were terminated from employment due to violation of the
memorandum-policy. The union countered with a prohibitory injunction case (with prayer for the issuance of a
temporary restraining order) filed with the Regional Trial Court, challenging the validity and constitutionality of the
cell phone ban. The company filed a motion to dismiss, arguing that the case should be referred to the grievance
machinery pursuant to an existing Collective Bargaining Agreement with Union X, and eventually to Voluntary
Arbitration. Is the company correct? Explain. (3%)
NOTHING FOLLOWS.

BAR EXAMINATION 2010

TAXATION LAW
12 September 2010

2 P.M 5 P.M.

INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with nine (9) questions (numbered I to IX), contained in five (5)
pages; and Part II with nine (9) questions (numbered X to XVIII), contained in six (6) pages, for a total number of
eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s under the same
number may be written continuously on the same page and succeeding pages until completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

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

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

TAXATION
PART I
I
True or False.
a. In civil cases involving the collection of internal revenue taxes, prescription is construed strictly against the
government and liberally in favor of the taxpayer. (1%)
b. In criminal cases involving tax offenses punishable under the National Internal Revenue Code (NIRC),
prescription is construed strictly against the government. (1%)
c. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original jurisdiction, the right to file a
separate civil action for the recovery of taxes may be reserved. (1%)
d. Proceedings before the CTA in the exercise of its exclusive original jurisdiction are in the nature of trial de
novo. (1%)
e. Judgments, resolutions or orders of the Regional Trial Court in the exercise of its original jurisdiction
involving criminal offenses arising from violations of the NIRC are appealable to the CTA, which shall hear
the cases en banc. (1%)
II
a. What is the "all events test"? Explain briefly. (2%)
b. What is the "immediacy test"? Explain briefly. (2%)
c. What is the "rational basis" test? Explain briefly. (2%)
d. What is the effect of the execution by a taxpayer of a "waiver of the statute of limitations" on his defense of
prescription? (2%)
e. What is the basis for the computation of business tax on contractors under the Local Government Code?
(2%)
f.

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

III
Mirador, Inc., a domestic corporation, filed its Annual Income Tax Return for its taxable year 2008 on April 15, 2009.
In the Return, it reflected an income tax overpayment of P1,000,000.00 and indicated its choice to carry-over the
overpayment as an automatic tax credit against its income tax liabilities in subsequent years.
On April 15, 2010, it filed its Annual Income Tax Return for its taxable year 2009 reflecting a taxable loss and an
income tax overpayment for the current year 2009 in the amount of P500,000.00 and its income tax overpayment
for the prior year 2008 of P1,000,000.00.
In its 2009 Return, the corporation indicated its option to claim for refund the total income tax overpayment of
P1,500,000.00
Choose which of the following statements is correct.
a. Mirador, Inc. may claim as refund the total income tax overpayment of P1,500,000.00 reflected in its income
tax return for its taxable year 2009;
b. It may claim as refund the amount of P500,000.00 representing its income tax overpayment for its taxable
year 2009; or
c. No amount may be claimed as refund.
Explain the basis of your answer. (5%)
IV
On March 10, 2010, Continental, Inc. received a preliminary assessment notice (PAN) dated March 1, 2010 issued
by the Commissioner of Internal Revenue (CIR) for deficiency income tax for its taxable year 2008. It failed to
protest the PAN. The CIR thereupon issued a final assessment notice (FAN) with letter of demand on April 30, 2010.
The FAN was received by the corporation on May 10, 2010, following which or on May 25, 2010, it filed its protest
against it.
The CIR denied the protest on the ground that the assessment had already become final and executory, the
corporation having failed to protest the PAN.
Is the CIR correct? Explain. (5%)
V
Does the Court of Appeals have the power to review compromise agreements forged by the Commissioner of
Internal Revenue and a taxpayer? Explain. (5%)
VI
Based on the Affidavit of the Commissioner of Internal Revenue (CIR), an Information for failure to file income tax
return under Section 255 of the National Internal Revenue Code (NIRC) was filed by the Department of Justice
(DOJ) with the Manila Regional Trial Court (RTC) against XX, a Manila resident.
XX moved to quash the Information on the ground that the RTC has no jurisdiction in view of the absence of a
formal deficiency tax assessment issued by the CIR.
Is a prior assessment necessary before an Information for violation of Section 255 of the NIRC could be filed in
court? Explain. (4%)
VII
What are the conditions that must be complied with before the Court of Tax Appeals may suspend the collection of
national internal revenue taxes? (3%)
VIII
What is the rule on appeal from decisions of the Collector of Customs in protest and seizure cases? When is the
decision of the Collector of Customs appealable to the Court of Tax Appeals? Explain. (5%)
IX
On May 15, 2009, La Manga Trading Corporation received a deficiency business tax assessment of P1,500,000.00
from the Pasay City Treasurer. On June 30, 2009, the corporation contested the assessment by filing a written
protest with the City Treasurer.
On October 10, 2009, the corporation received a collection letter from the City Treasurer, drawing it to file on

October 25, 2009 an appeal against the assessment before the Pasay Regional Trial Court (RTC).
a. Was the protest of the corporation filed on time? Explain. (3%)
b. Was the appeal with the Pasay RTC filed on time? Explain. (3%)
PART II
X
True or False. (1% each)
a. Gains realized by the investor upon redemption of shares of stock in a mutual fund company are exempt
from income tax.
b. A corporation can claim the optional standard deduction equivalent to 40% of its gross sales or receipts, as
the case may be.
c. Premium payment for health insurance of an individual who is an employee in an amount of P2,500 per year
may be deducted from gross income if his gross salary per year is not more than P250,000.
d. The Tax Code allows an individual taxpayer to pay in two equal installments, the first installment to be paid
at the time the return is filed, and the second on or before July 15 of the same year, if his tax due exceeds
P2,000.
e. An individual taxpayer can adopt either the calendar or fiscal period for purposes of filing his income tax
return.
f.

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

g. Informers reward is subject to a final withholding tax of 10%.

h. A non-resident alien who stays in the Philippines for less than 180 days during the calendar year shall be
entitled to personal exemption not to exceed the amount allowed to citizens of the Philippines by the country
of which he is subject or citizen.
XI
Are the following transactions subject to VAT? If yes, what is the applicable rate for each transaction. State the
relevant authority/ies for your answer.
a. Construction by XYZ Construction Co. of concrete barriers for the Asian Development Bank in Ortigas
Center to prevent car bombs from ramming the ADB gates along ADB Avenue in Mandaluyong City. (3%)
b. Call Center operated by a domestic enterprise in Makati that handles exclusively the reservations of a hotel
chain which are all located in North America. The services are paid for in US$ and duly accounted for with
the Bangko Sentral ng Pilipinas. (3%)
c. Sale of orchids by a flower shop which raises its flowers in Tagaytay. (3%)
XII
Ferremaro, Inc., a manufacturer of handcrafted shoes, maintains its principal office in Cubao, Quezon City. It has
branches/sales offices in Cebu and Davao. Its factory is located in Marikina City where most of its workers live. Its
principal office in Quezon City is also a sales office.
Sales of finished products for calendar year 2009 in the amount of P10 million were made at the following locations:
i) Cebu branch
ii) Davao branch
iii) Quezon City branch
Total
Where should the applicable local taxes on the shoes be paid? Explain. (3%)
XIII
XYZ Shipping Corporation is a branch of an international shipping line with voyages between Manila and the West

Coast of the U.S. The companys vessels load and unload cargoes at the Port of Manila, albeit it does not have a
branch or sales office in Manila. All the bills of lading and invoices are issued by the branch office in Makati which is
also the companys principal office.
The City of Manila enacted an ordinance levying a 2% tax on gross receipts of shipping lines using the Port of
Manila.
Can the City Government of Manila legally impose said levy on the corporation? Explain. (3%)
XIV
A inherited a two-storey building in Makati from his father, a real estate broker in the 60s. A group of Tibetan monks
approached A and offered to lease the building in order to use it as a venue for their Buddhist rituals and
ceremonies. A accepted the rental of P1 million for the whole year.
The following year, the City Assessor issued an assessment against A for non-payment of real property taxes.
Is the assessor justified in assessing As deficiency real property taxes? Explain. (3%)
XV
Don Sebastian, single but head of the family, Filipino, and resident of Pasig City, died intestate on November 15,
2009. He left the following properties and interests:

House and lot (family home) in Pasig

P
800,000

Vacation house and lot in Florida, USA

1,500,000

Agricultural land in Naic, Cavite which he

inherited from his father

2,000,000

Car which is being used by his brother in

Cavite

500,000

Proceeds of life insurance where he named

his estate as irrevocable beneficiary

1,000,000

Household furnitures and appliances

1,000,000

Claims against a cousin who has assets of

P10,000 and liabilities of P100,000

100,000

Shares of stock in ABC Corp, a domestic

enterprise

100,000

The expenses and charges on the estate are as follows:

Funeral Expenses

P
250,000

Legal fees for the settlement of the estate

500,000

Medical expenses of last illness

600,000

Claims against the estate

300,000

The compulsory heirs of Don Sebastian approach you and seek your assistance in the settlement of his estate for
which they have agreed to the above-stated professional fees. Specifically, they request you to explain and discuss
with them the following questions. You oblige:
a. What are the properties and interests that should be included in the computation of the gross estate of the
decedent? Explain. (2.5%)
b. What is the net taxable estate of the decedent? Explain. (2.5%)
c. When is the due date for filing and payment of the applicable tax return and tax? Are these dates
extendible? If so, under what conditions or requirements? (2.5%)
d. If X, one of the compulsory heirs, renounces his share in the inheritance in favor of the other co-heirs, is
there any tax implication of Xs renunciation? What about the other coheirs? (2.5%)
XVI
A is a travelling salesman working full time for Nu Skin Products. He receives a monthly salary plus 3% commission
on his sales in a Southern province where he is based. He regularly uses his own car to maximize his visits even to
far flung areas. One fine day a group of militants seized his car. He was notified the following day by the police that

the marines and the militants had a bloody encounter and his car was completely destroyed after a grenade hit it.
A wants to file a claim for casualty loss. Explain the legal basis of your tax advice. (3%)
XVII
In 2009, Caruso, a resident Filipino citizen, received dividend income from a U.S.-based corporation which owns a
chain of Filipino restaurants in the West Coast, U.S.A. The dividend remitted to Caruso is subject to U.S.
withholding tax with respect to a non-resident alien like Caruso.
a. What will be your advice to Caruso in order to lessen the impact of possible double taxation on the same
income? (3%)
b. Would your answer in A. be the same if Caruso became a U.S. immigrant in 2008 and had become a nonresident Filipino citizen? Explain the difference in treatment for Philippine income tax purposes. (3%)
XVIII
ABC, a domestic corporation, entered into a software license agreement with XYZ, a non-resident foreign
corporation based in the U.S. Under the agreement which the parties forged in the U.S., XYZ granted ABC the right
to use a computer system program and to avail of technical know-how relative to such program. In consideration for
such rights, ABC agreed to pay 5% of the revenues it receives from customers who will use and apply the program
in the Philippines.
Discuss the tax implication of the transaction. (5%)
NOTHING FOLLOWS.

BAR EXAMINATION 2010

CIVIL LAW
12 September 2010

8 A.M. 12 NN.
INSTRUCTIONS

There is only one Examiner in Civil Law. Hence, the following questionnaire consists of only ONE PART with
sixteen (16) questions (numbered I to XVI), contained in eleven (11) pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s under the same
number may be written continuously on the same page and succeeding pages until completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

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

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW
I

True or False.
a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may
re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%)
b. X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as
long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three
may demand partition anytime. (1%)
II
Multiple choice.
a. A had a 4-storey building which was constructed by Engineer B. After five years, the building developed
cracks and its stairway eventually gave way and collapsed, resulting to injuries to some lessees. Who
should the lessees sue for damages? (1%)
1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the
adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing
gold and precious stones. How will the treasures found by O be divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B
was, however, out of the country at the time. For the donation to be valid, (1%)
1. B may e-mail A accepting the donation.
2. The donation may be accepted by Bs father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. Bs mother who has a general power of attorney may accept the donation for him.
5. None of the above is sufficient to make Bs acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and
every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a
witness to the will? (1%)
1. The will is invalidated
2. The will is valid and effective
3. The legacy given to Bs child is not valid
III
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?
b. Define quasi tort. Who are the persons liable under quasi torts and what are the defenses available to
them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.
IV
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses continued to
live under one roof. B begot a son by another woman. G also begot a daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate
children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by Gs daughter by another man, what is/are the consequence/s?
Explain. (5%)

V
G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of the case, the
couple entered into a compromise agreement to dissolve their absolute community of property. B ceded his right to
their house and lot and all his shares in two business firms to G and their two children, aged 18 and 19.
B also opened a bank account in the amount of P3 million in the name of the two children to answer for their
educational expenses until they finish their college degrees.
For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The Court
approved the spouses agreement on September 8, 2000.
a. Suppose the business firms suffered reverses, rendering G unable to support herself and the children. Can
G still ask for support pendente lite from B? Explain. (3%)
b. Suppose in late 2004 the two children had squandered the P3 million fund for their education before they
could obtain their college degrees, can they ask for more support from B? Explain. (3%)
VI
Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in vitro fertilization. Gigolo
undertook to underwrite Majorettes pre-natal expenses as well as those attendant to her delivery. Gigolo would
thereafter pay Majorette P2 million and, in return, she would give custody of the baby to him.
After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she engages your
services as her lawyer to regain custody of the baby.
a. What legal action can you file on behalf of Majorette? Explain. (2.5%)
b. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain. (2.5%)
c. Who of the two can exercise parental authority over the child? Explain. (2.5%)
d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)
VII
G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void
ab initio under Article 36 of the Family Code. At the time of the dissolution of the marriage, the couple possessed
the following properties:

a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price (representing
downpayment) of which he paid; one third (1/3) was paid by G on February 14, 1990 out of a cash gift given
to her by her parents on her graduation on April 6, 1989; and the balance was paid out of the spouses joint
income; and

an apartment unit donated to B by an uncle on June 19, 1987.

a. Who owns the foregoing properties? Explain. (5%)

b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties?
Explain. (5%)
VIII
Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage, Rex begot a
child by another woman. He is now 10 years of age.
On Leas discovery of Rexs fathering a child by another woman, she filed a petition for legal separation which was
granted.
Rex now wants to adopt his illegitimate child.
a. Whose consent is needed for Rexs adoption of his illegitimate child? (2.5%)
b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)
IX
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice married
American citizen John who brought her to live with him in the United States of America. John at once signified his

willingness to adopt Laurie.

Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)
X
In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring,
Venus. The couple acquired a residential lot in Paraaque. After four (4) years or in 2001, G having completed her
4-year college degree as a fulltime student, she and B contracted marriage without a license.
The marriage of B and G was, two years later, declared null and void due to the absence of a marriage license.
a. If you were the judge who declared the nullity of the marriage, to whom would you award the lot? Explain
briefly. (3%)
b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)
XI
The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of marriage. Their
absolute community of property having been dissolved, they delivered P1 million to each of their 3 children as their
presumptive legitimes.
Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having successfully
engaged in business, acquired real properties. Peter later died intestate.
a. Who are Peters legal heirs and how will his estate be divided among them? (5%)
b. What is the effect of the receipt by Peters 3 children by his first marriage of their presumptive legitimes on
their right to inherit following Peters death? (5%)
XII
On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a gift from his
parents. On even date, as his class was scheduled to go on a field trip, his teacher requested him to accommodate
in his car, as he did, four (4) of his classmates because the van rented by the school was too crowded. On the way
to a museum which the students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision
with a jeepney. One of his classmates died. He and the three (3) others were badly injured.
a. Who is liable for the death of Rozannos classmate and the injuries suffered by Rozanno and his 3 other
classmates? Explain. (2%)
b. How about the damage to the jeepney? Explain. (2%)
c. Under the same facts, except the date of occurrence of the incident, this time in mid-1994, what would be
your answer? Explain. (2%)
XIII
Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also owned. He
promised Ava that if she bought Lot E, he would give her a right of way in Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the right of way was no longer
available to her because Franz had in the meantime sold Lot C to Julia who had it fenced.
a. Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%)
b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can she do that?
Explain. (2.5%)
XIV
Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his residential lot. A
typhoon knocked down the fence of the pond and the iguana crawled out of the gate of Primos residence. N, a
neighbor who was passing by, started throwing stones at the iguana, drawing the iguana to move toward him. N
panicked and ran but tripped on something and suffered a broken leg.

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

XV
A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had gone past breakeven stage and started to garner considerable profits, C died. A and B continued the business without dissolving the
partnership. They in fact opened a branch of the restaurant, incurring obligations in the process. Creditors started
demanding for the payment of their obligations.
a. Who are liable for the settlement of the partnerships obligations? Explain? (3%)
b. What are the creditors recourse/s? Explain. (3%)
XVI
X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she advised her sister Y
via overseas call to sell the land and sign a contract of sale on her behalf.
Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on behalf of X. B1 fully paid the
purchase price.
B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for her authority from X.
Without informing X that she had sold the land to B1, Y sought X for a written authority to sell.
X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on monthly installment
basis for two years, the first installment to be paid at the end of May 2001.
Who between B1 and B2 has a better right over the land? Explain. (5%)
NOTHING FOLLOWS.