S Lawyer S

S Lawyer S
2009 Bar Examinations Questionaire

Practice makes perfect. For law students, try to answer these questions to master critical thinking
and take it as part of your review strategy. Link lifted from http://www.lawphil.net/.
September 6, 2009
POLITICAL LAW
PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)
1. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang
Hinirang," is constitutional.
2. Under the archipelago doctrine, the waters around, between, and connecting the islands of the
archipelago form part of the territorial sea of the archipelagic state.
3. A law that makes military service for women merely voluntary is constitutional.
4. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40%
in any subject, is constitutional.
5. An educational institution 100% foreign-owned may be validly established in the Philippines.
II
Despite lingering questions about his Filipino citizenship and his one-year residence in the
district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law.
His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy.
1. Before election day, what action or actions will you institute against Gabriel, and before which
court, commission or tribunal will you file such action/s? Reasons. (2%)
2. If, during the pendency of such action/s but before election day, Gabriel withdraws his
certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why
not? (2%)
3. If the action/s instituted should be dismissed with finality before the election, and Gabriel
assumes office after being proclaimed the winner in the election, can the issue of his candidacy
and/or citizenship and residence still be questioned? If so, what action or actions may be filed
and where? If not, why not? (2%)
III
The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the
expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and
appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte
disapproved the ordinance because the municipality has an existing freedom park which, though
smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless
expenditure of the people's money. Is the disapproval of the ordinance correct? Explain your
answer. (2%)
IV
The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a
pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the
municipal hall. The municipality files a motion to dismiss the complaint, invoking state
immunity from suit. Resolve the motion with reasons. (3%)
V
To address the pervasive problem of gambling, Congress is considering the following options:
(1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only
in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax
equivalent to 30% on all winnings.
1. If Congress chooses the first option and passes the corresponding law absolutely prohibiting
all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise
of police power? Explain your answer. (2%)
2. If Congress chooses the last option and passes the corresponding law imposing a 30% tax on
all winnings and prizes won from gambling, would the law comply with the constitutional
limitations on the exercise of the power of taxation? Explain your answer. (2%)
VI
In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the
Manila Hotel who produced in court a videotape recording showing the heated exchange
between the accused and the victim that took place at the lobby of the hotel barely 30 minutes
before the killing. The accused objects to the admission of the videotape recording on the ground
that it was taken without his knowledge or consent, in violation of his right to privacy and the
Anti-Wire Tapping law. Resolve the objection with reasons. (3%)
VII
Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where
the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with
reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon
seeing the policemen. The team approached the man, introduced themselves as peace officers,
then asked what he had in his clenched fist. Because the man refused to answer, a policeman
pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took
the man into custody and submitted the contents of the sachet to forensic examination. The
crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in
court.
During the trial, the accused:
1. challenged the validity of his arrest; (2%) and
2. objected to the admission in evidence of the prohibited drug, claiming that it was obtained in
an illegal search and seizure. (2%)
Decide with reasons.
VIII
Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank
(IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed,
and the House of Representatives unanimously approved, a Resolution directing the House
Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of
legislation, in order to prevent the recurrence of any similar fraudulent activity.
The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the
Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the
Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC
Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the
appropriate subpoena ad testificandum to compel the attendance of the invited resource persons.
The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the
subpoena, raising the following arguments:

1. The subject of the legislative investigation is also the subject of criminal and civil actions
pending before the courts and the prosecutor's office; thus, the legislative inquiry would preempt
judicial action; (3%) and
2. Compelling the IUB officials, who are also respondents in the criminal and civil cases in court,
to testify at the inquiry would violate their constitutional right against self-incrimination. (3%)
Are the foregoing arguments tenable? Reasons.
3. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the
legislative inquiry? Why or why not? (3%)
IX
Warlito, a natural-born Filipino, took up permanent residence in the United States, and
eventually acquired American citizenship. He then married Shirley, an American, and sired three
children. In August 2009, Warlito decided to visit the Philippines with his wife and children:
Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.
While in the Philippines, a friend informed him that he could reacquire Philippine citizenship
without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under
R.A. 9225.
1. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino
citizen today? Explain your answer. (3%)
2. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire
Philippine citizenship? Explain. (3%)
3. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their
father's reacquisition of Philippine citizenship? Explain your answer. (3%)
X
Maximino, an employee of the Department of Education, is administratively charged with
dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of
Education preventively suspended him for a period of sixty (60) days. On the 60th day of the
preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered
his immediate dismissal from the service.
Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's
decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the
CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme
Court (SC) for the review of the CA decision.
1. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating
Maximino? Reasons. (2%)
2. If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding
to the entire period he was out of the service? Explain your answer. (3%)
PART II
XI
1. Aliens are absolutely prohibited from owning private lands in the Philippines.
2. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached
to the public office he holds.
3. The President exercises the power of control over all executive departments and agencies,
including government-owned or controlled corporations.
4. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are
merely recommendatory.
5. Dual citizenship is not the same as dual allegiance.
XII
William, a private American citizen, a university graduate and frequent visitor to the Philippines,
was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen.
Then, in front of many shocked witnesses, he killed the person he was arguing with. The police
came, and brought him to the nearest police station. Upon reaching the station, the police
investigator, in halting English, informed William of his Miranda rights, and assigned him an
independent local counsel. William refused the services of the lawyer, and insisted that he be
assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel
assigned by the police stayed for the duration of the investigation.
William protested his arrest.

1. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no
jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus,
technically, no crime under Philippine law was committed. Is William correct? Explain your
answer. (3%)
2. He also claimed that his Miranda rights were violated because he was not given the lawyer of
his choice; that being an American, he should have been informed of his rights in proper English;
and that he should have been informed of his rights as soon as he was taken into custody, not
when he was already at the police station. Was William denied his Miranda rights? Why or why
not? (3%)
3. If William applies for bail, claiming that he is entitled thereto under the "international standard
of justice" and that he comes from a U.S. State that has outlawed capital punishment, should
William be granted bail as a matter of right? Reasons. (3%)
XIII
A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government
of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it.
The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed
thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic
channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will
do whatever is necessary to defend itself.
Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it
appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack
commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in
killing the leaders and most of the members of the Emerald Brigade, then immediately returned
to the Philippines.
1. Was the Philippine action justified under the international law principle of "self-defense"?
Explain your answer. (3%)
2. As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of
Article 2.4 of the United Nations Charter that prohibits "the threat or use of force against the
territorial integrity or political independence of any State." The Philippines counters that its
commando team neither took any territory nor interfered in the political processes of Asyaland.
Which contention is correct? Reasons. (3%)
3. Assume that the commando team captured a member of the Emerald Brigade and brought him
back to the Philippines. The Philippine Government insists that a special international tribunal
should try the terrorist. On the other hand, the terrorist argues that terrorism is not an
international crime and, therefore, the municipal laws of the Philippines, which recognize access
of the accused to constitutional rights, should apply. Decide with reasons. (3%)
XIV
The Philippine Government is negotiating a new security treaty with the United States which
could involve engagement in joint military operations of the two countries' armed forces. A loose
organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the
Department of Foreign Affairs (DFA) and the Department of National Defense (DND)
demanding disclosure of the details of the negotiations, as well as copies of the minutes of the
meetings. The DFA and the DND refused, contending that premature disclosure of the offers and
counter-offers between the parties could jeopardize on-going negotiations with another country.
KMM filed suit to compel disclosure of the negotiation details, and be granted access to the
records of the meetings, invoking the constitutional right of the people to information on matters
of public concern.
1. Decide with reasons. (3%)
2. Will your answer be the same if the information sought by KMM pertains to contracts entered
into by the Government in its proprietary or commercial capacity? Why or why not? (3%)
XV
The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme
Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently, the
Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKKTV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all
television programs, except "newsreels" and programs "by the Government", and the subject
documentary does not fall under either of these two classes. The suspension order was ostensibly
based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an
order.
KKK-TV filed a certiorari petition in court, raising the following issues:
1. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed
freedom of expression; (3%) and
2. While Memorandum Circular No. 98-17 was issued and published in a newspaper of general
circulation, a copy thereof was never filed with the Office of the National Register of the
University of the Philippines Law Center. (2%)
Resolve the foregoing issues, with reasons.

XVI
1. Angelina, a married woman, is a Division Chief in the Department of Science and Technology.
She had been living with a married man, not her husband, for the last fifteen (15) years.
Administratively charged with immorality and conduct prejudicial to the best interest of the
service, she admits her live-in arrangement, but maintains that this conjugal understanding is in
conformity with their religious beliefs. As members of the religious sect, Yahweh's Observers,
they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed
by their Council of Elders. At the formal investigation of the administrative case, the Grand
Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her
partner in the profession of their faith. If you were to judge this case, will you exonerate
Angelina? Reasons. (3%)
2. Meanwhile, Jenny, also a member of Yahweh's Observers, was severely disappointed at the
manner the Grand Elder validated what she considered was an obviously immoral conjugal
arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of
the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only
ruined the reputation of their religion, but also violated the constitutional policy upholding the
sanctity of marriage and the solidarity of the family. Will Jenny's case prosper? Explain your
answer. (2%)
XVII
Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts,
owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city's acute
housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod
authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to
subdivide the property into small residential lots to be distributed at cost to qualified city
residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its
homeless residents, the City filed a complaint for eminent domain against FCC.
1. If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the
expropriation of the property? Explain. (5%)
2. If the Court grants the City's prayer for expropriation, but the City delays payment of the
amount determined by the court as just compensation, can FCC recover the property from Pasig
City? Explain. (2%)
3. Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the
property for residential purposes having found a much bigger lot, can FCC legally demand that it
be allowed to repurchase the property from the City of Pasig? Why or why not? (2%)
XVIII
What are the essential elements of a valid petition for a people's initiative to amend the 1987
Constitution? Discuss. (2%)
LABOR LAW
PART I
I
1. An employment contract prohibiting employment in a competing company within one year
from separation is valid.
2. All confidential employees are disqualified to unionize for the purpose of collective
bargaining.
3. A runaway shop is an act constituting unfair labor practice.
4. In the law on labor relations, the substitutionary doctrine prohibits a new collective bargaining
agent from repudiating an existing collective bargaining agreement.
5. The visitorial and enforcement powers of the DOLE Regional Director to order and enforce
compliance with labor standard laws can be exercised even when the individual claim exceeds
P5,000.00.
II
1. Enumerate at least four (4) policies enshrined in Section 3, Article XIII of the Constitution that
are not covered by Article 3 of the Labor Code on declaration of basic policy. (2%)
2. Clarito, an employee of Juan, was dismissed for allegedly stealing Juans wristwatch. In the
illegal dismissal case instituted by Clarito, the Labor Arbiter, citing Article 4 of the Labor Code,
ruled in favor of Clarito upon finding Juans testimony doubtful. On appeal, the NLRC reversed
the Labor Arbiter holding that Article 4 applies only when the doubt involves "implementation
and interpretation" of the Labor Code provisions. The NLRC explained that the doubt may not
necessarily be resolved in favor of labor since this case involves the application of the Rules
onEvidence, not the Labor Code. Is the NLRC correct? Reasons. (3%)
III
Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast
Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after
the contract was approved by POEA, MRA advised SR to forego Richies deployment because it
had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar.
Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages
corresponding to his two years salary under the POEA-approved contract.
SR and MRA traversed Richies complaint, raising the following arguments:
1. The Labor Arbiter has no jurisdiction over the case; (2%)
2. Because Richie was not able to leave for Qatar, no employer-employee relationship was
established between them; (2%) and
3. Even assuming that they are liable, their liability would, at most, be equivalent to Richies
salary for only six (6) months, not two years. (3%).
Rule on the validity of the foregoing arguments with reasons.
IV
Diosdado, a carpenter, was hired by Building Industries Corporation (BIC), and assigned to build
a small house in Alabang. His contract of employment specifically referred to him as a "project
employee," although it did not provide any particular date of completion of the project.
Is the completion of the house a valid cause for the termination of Diosdados employment? If
so, what are the due process requirements that the BIC must satisfy? If not, why not? (3%)
V
1. Baldo was dismissed from employment for having beenabsent without leave (AWOL) for
eight (8) months. It turned outthat the reason for his absence was his incarceration after he was
mistaken as his neighbors killer. Eventually acquitted and released from jail, Baldo returned to
his employer and demanded reinstatement and full backwages. Is Baldo entitled to reinstatement
and backwages? Explain your answer. (3%)
2. Domingo, a bus conductor of San Juan Transportation Company, intentionally did not issue a
ticket to a female passenger, Kim, his long-time crush. As a result, Domingo was dismissed from
employment for fraud or willful breach of trust. Domingo contests his dismissal, claiming that he
is not a confidential employee and, therefore, cannot be dismissed from the service for breach of
trust. Is Domingo correct? Reasons. (2%)
VI
Albert, a 40-year old employer, asked his domestic helper, Inday, to give him a private massage.
When Inday refused, Albert showed her Article 141 of the Labor Code, which says that one of
the duties of a domestic helper is to minister to the employers personal comfort and
convenience.
1. Is Indays refusal tenable? Explain. (3%)
2. Distinguish briefly, but clearly, a "househelper" from a "homeworker." (2%)
VII
Johnny is the duly elected President and principal union organizer of the Nagkakaisang
Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was
unceremoniously dismissed by management for spending virtually 95% of his working hours in
union activities. On the same day Johnny received the notice of termination, the labor union went
on strike.
Management filed an action to declare the strike illegal, contending that:
1. The union did not observe the "cooling-off period" mandated by the Labor Code; (2%) and
2. The union went on strike without complying with the strike-vote requirement under the Labor
Code. (2%)
Rule on the foregoing contentions with reasons.
3. The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal
of Johnny. The decision became final. Thereafter, the NMMR filed a criminal case against the
Manager of Manila Restaurant. Would the Labor Arbiters finding be sufficient to secure the
Managers conviction? Why or why not? (2%)
VIII
Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any assignment
because no client would accept him. He had a face only a mother could love. After six (6)
months of being on "floating" status, Alexander sued JSA for constructive dismissal. The Labor
Arbiter upheld Alexanders claim of constructive dismissal and ordered JSA to immediately
reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought immediate
enforcement of the reinstatement order while the appeal was pending.

JSA hires you as lawyer, and seeks your advice on the following:
1. Because JSA has no client who would accept Alexander, can it still be compelled to reinstate
him pending appeal even if it has posted an appeal bond? (2%)
2. Can the order of reinstatement be immediately enforced in the absence of a motion for the
issuance of a writ of execution? (2%)
3. If the order of reinstatement is being enforced, what should JSA do in order to prevent
reinstatement? (2%)
Explain your answers.
IX
1. What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on
strike? Explain. (2%)
2. What procedural remedies are open to workers who seek correction of wage distortion? (2%)
X
1. State briefly the compulsory coverage of the Government Service Insurance Act. (2%)
2. Can a member of a cooperative be deemed an employee for purposes of compulsory coverage
under the Social Security Act? Explain. (2%)
PART II
XI
1. Seafarers who have worked for twenty (20) years on board the same vessel are regular
employees.
2. Employment of children below fifteen (15) years of age in any public or private establishment
is absolutely prohibited.
3. Government employees have the right to organize and join concerted mass actions without
incurring administrative liability.
4. A waiver of the right to claim overtime pay is contrary to law.
5. Agency fees cannot be collected from a non-union member in the absence of a written
authorization signed by the worker concerned.
XII
In her State of the Nation Address, the President stressed the need to provide an investor-friendly
business environment so that the country can compete in the global economy that now suffers
from a crisis bordering on recession. Responding to the call, Congress passed two innovative
legislative measures, namely: (1) a law abolishing the security of tenure clause in the Labor
Code; and (2) a law allowing contractualization in all areas needed in the employers business
operations. However, to soften the impact of these new measures, the law requires that all
employers shall obtain mandatory unemployment insurance coverage for all their employees.
The constitutionality of the two (2) laws is challenged in court. As judge, how will you rule?
(5%)
XIII
Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the
orientation seminar for newly-hired employees of the firm, among them, Miss Maganda. After
the seminar, Renan requested Maganda to stay, purportedly to discuss
some work assignment. Left alone in the training room, Renan asked Maganda to go out with
him for dinner and ballroom dancing. Thereafter, he persuaded her to accompany him to the
mountain highway in Antipolo for sight-seeing. During all these, Renan told Maganda that most,
if not all, of the lady supervisors in the firm are where they are now, in very productive and
lucrative posts, because of his favorable endorsement.
1. Did Renan commit acts of sexual harassment in a work- related or employment environment?
Reasons. (3%)
2. The lady supervisors in the firm, slighted by Renans revelations about them, succeeded in
having him expelled from the firm. Renan then filed with the Arbitration Branch of the NLRC an
illegal dismissal case with claims for damages against the firm. Will the case prosper? Reasons.
(2%)
XIV
Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the
country. It engaged Matiyaga Manpower Services, Inc. (MMSI), a job contractor registered with
the Department of Labor and Employment, to provide its restaurants the necessary personnel,
consisting of cashiers, motorcycle delivery boys and food servers, in its operations. The Service
Agreement warrants, among others, that MMSI has a paid- up capital of P2,000,000.00; that it
would train and determine the qualification and fitness of all personnel to be assigned to JolliMac; that it would provide these personnel with proper Jolli-Mac uniforms; and that it is
exclusively responsible to these personnel for their respective salaries and all other mandatory
statutory benefits.
After the contract was signed, it was revealed, based on research conducted, that MMSI had no
other clients except Jolli- Mac, and one of its major owners was a member of the Board of
Directors of Jolli-Mac.
1. Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not?
(3%)
2. If the cashiers, delivery boys and food servers are not paid their lawful salaries, including
overtime pay, holiday pay, 13th month pay, and service incentive leave pay, against whom may
these workers file their claims? Explain. (2%)
XV
Among the 400 regular rank-and-file workers of MNO Company, a certification election was
ordered conducted by the Med-Arbiter of the Region. The contending parties obtained the
following votes:
1. Union A - 70
2. Union B - 71
3. Union C - 42
4. Union D - 33
5. No union - 180
6. Spoiled votes - 4
There were no objections or challenges raised by any party on the results of the election.
1. Can Union B be certified as the sole and exclusive collective bargaining agent among the
rank-and-file workers of MNO Company considering that it garnered the highest number of
votes among the contending unions? Why or why not? (3%)
2. May the management or lawyer of MNO Company legally ask for the absolute termination of
the certification election proceedings because 180 of the workers --- a clear plurality of the
voters --- have chosen not to be represented by any union? Reasons. (3%)
3. If you were the duly designated election officer in this case, what would you do to effectively
achieve the purpose of certification election proceedings? Discuss. (3%)
XVI
The Company and Triple-X Union, the certified bargaining agent of rank-and-file employees,
entered into a Collective Bargaining Agreement (CBA) effective for the period January 1, 2002
to December 31, 2007.
For the 4th and 5th years of the CBA, the significant
improvements in wages and other benefits obtained by the Union were:
1) Salary increases of P1,000 and P1,200 monthly, effective January 1, 2006 and January 1,
2007, respectively;
2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each
employee;
3) Medical subsidy of P3,000 per year for the purchase of medicines and hospitalization
assistance of P10,000 per year for actual hospital confinement;
4) Rice Subsidy of P600 per month, provided the employee has worked for at least 20 days
within the particular month; and
5) Birthday Leave with Pay and Birthday Gift of P1,500.
As early as October 2007, the Company and the Union started negotiations to renew the CBA.
Despite mutual good faith and earnest efforts, they could not agree. However, no union filed a
petition for certification election during the freedom period. On March 30, 2008, no CBA had
been concluded. Management learned that the Union would declare a bargaining deadlock on the
next scheduled bargaining meeting.
As expected, on April 3, 2008, the Union declared a deadlock. In the afternoon of the same day,
management issued a formal announcement in writing, posted on the bulletin board, that due to
the CBA expiration on December 31, 2007, all fringe benefits contained therein are considered
withdrawn and can no longer be implemented, effective immediately.
1. When was the "freedom period" referred to in the foregoing narration of facts? Explain. (2%)
2. After April 3, 2008, will a petition for certification election filed by another legitimate labor
union representing the rank-and-file employees legally prosper? Reasons. (3%)
3. Is managements withdrawal of the fringe benefits valid?
Reasons. (2%)
4. If you were the lawyer for the union, what legal recourse or action would you advise?
Reasons. (3%)
XVII
Alfredo was dismissed by management for serious misconduct. He filed suit for illegal dismissal,
alleging that although there may be just cause, he was not afforded due process by management
prior to his termination. He demands reinstatement with full backwages.
1. What are the twin requirements of due process which the employer must observe in
terminating or dismissing an employee? Explain. (3%)
2. Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%)
XVIII
1. Cite four (4) instances when an illegally dismissed employee may be awarded separation pay
in lieu of reinstatement. (3%)
2. Explain the impact of the union security clause to the employees right to security of tenure.
(2%)
September 13, 2009

CIVIL LAW
PART I
I
1. The doctrine of "processual presumption" allows the court of the forum to presume that the
foreign law applicable to the case is the same as the local or domestic law.
2. In reserva troncal, all reservatarios (reservees) inherit as a class and in equal shares regardless
of their proximity in degree to the prepositus.
3. An oral partnership is valid.
4. An oral promise of guaranty is valid and binding.
5. A dead child can be legitimated.
II
Dr. Lopez, a 70-year old widower, and his son Roberto both died in a fire that gutted their home
while they were sleeping in their air-conditioned rooms. Robertos wife, Marilyn, and their two
children were spared because they were in the province at the time. Dr. Lopez left an estate
worth P20M and a life insurance policy in the amount of P1M with his three children --- one of
whom is Roberto --- as beneficiaries.
Marilyn is now claiming for herself and her children her husbands share in the estate left by Dr.
Lopez, and her husbands share in the proceeds of Dr. Lopezs life insurance policy. Rule on the
validity of Marilyns claims with reasons. (4%)
III
In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the
Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the
Mayors secretary asked Michael and Anna and their witnesses to fill up and sign the required
marriage contract forms. The secretary then told them to wait, and went out to look for the
Mayor who was attending a wedding in a neighboring municipality.
When the secretary caught up with the Mayor at the wedding reception, she showed him the
marriage contract forms and told him that the couple and their witnesses were waiting in his
office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the
secretary who returned to the Mayors office. She then gave copies of the marriage contract to
the parties, and told Michael and Anna that they were already married. Thereafter, the couple
lived together as husband and wife, and had three sons.
1. Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer. (3%)
2. What is the status of the three children of Michael and Anna? Explain your answer. (2%)
3. What property regime governs the properties acquired by the couple? Explain. (2%)
IV
Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell
in love with Joseph. Thus, Wilma went to a small country in Europe, became a naturalized
citizen of that country, divorced Harry, and married Joseph. A year thereafter, Wilma and Joseph
returned and established permanent residence in the Philippines.
1. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your
answer. (3%)
2. If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why?
(2%)
3. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry
her because, after all, Wilma is already married to Joseph. Can Harry legally marry Elizabeth?
Explain. (2%)
V
Four children, namely: Alberto, Baldomero, Caridad, and Dioscoro, were born to the spouses
Conrado and Clarita de la Costa. The childrens birth certificates were duly signed by Conrado,
showing them to be the couples legitimate children.
Later, one Edilberto de la Cruz executed a notarial document acknowledging Alberto and
Baldomero as his illegitimate children >with Clarita. Edilberto died leaving substantial
properties. In the settlement of his estate, Alberto and Baldomero intervened claiming shares as
the deceaseds illegitimate children. The legitimate family of Edilberto opposed the claim.
Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. (4%)
VI
On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave nothing
to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New
York medical licensure examinations, resided therein, and became a naturalized American
citizen. He died in New York in 2007. The laws of New York do not recognize holographic wills
or compulsory heirs.
1. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why
not? (3%)
2. Assuming that the will is probated in the Philippines, can Jay validly insist that he be given his
legitime? Why or why not? (3%)
VII
Ramon Mayaman died intestate, leaving a net estate of P10,000,000.00. Determine how much
each heir will receive from the estate:
1. If Ramon is survived by his wife, three full-blood brothers, two half-brothers, and one nephew
(the son of a deceased full-blood brother)? Explain. (3%)
2. If Ramon is survived by his wife, a half-sister, and three nephews (sons of a deceased fullblood brother)? Explain. (3%)
VIII
Jude owned a building which he had leased to several tenants. Without informing his tenants,
Jude sold the building to Ildefonso. Thereafter, the latter notified all the tenants that he is the new
owner of the building. Ildefonso ordered the tenants to vacate the premises within thirty (30)
days from notice because he had other plans for the building. The tenants refused to vacate,
insisting that they will only do so when the term of their lease shall have expired. Is Ildefonso
bound to respect the lease contracts between Jude and his tenants? Explain your answer. (3%)
IX
Before migrating to Canada in 1992, the spouses Teodoro and Anita entrusted all their legal
papers and documents to their nephew, Atty. Tan. Taking advantage of the situation, Atty. Tan
forged a deed of sale, making it appear that he had bought the couples property in Quezon City.
In 2000, he succeeded in obtaining a TCT over the property in his name. Subsequently, Atty. Tan
sold the same property to Luis, who built an auto repair shop on the property. In 2004, Luis
registered the deed of conveyance, and title over the property was transferred in his name.
In 2006, the spouses Teodoro and Anita came to the Philippines for a visit and discovered what
had happened to their property. They immediately hire you as lawyer. What action or actions will
you institute in order to vindicate their rights? Explain fully. (4%)
X
Rommels private car, while being driven by the regular family driver, Amado, hits a pedestrian
causing the latters death. Rommel is not in the car when the incident happened.
1. Is Rommel liable for damages to the heirs of the deceased? Explain. (2%)
2. Would your answer be the same if Rommel was in the car at the time of the accident? Explain.
(2%)
PART II
XI
1. A clause in an arbitration contract granting one of the parties the power to choose more
arbitrators than the other renders the arbitration contract void.
2. If there is no marriage settlement, the salary of a "spouse" in an adulterous marriage belongs to
the conjugal partnership of gains.
3. Acquisitive prescription of a negative easement runs from the time the owner of the dominant
estate forbids, in a notarized document, the owner of the servient estate from executing an act
which would be lawful without the easement.
4. The renunciation by a co-owner of his undivided share in the co-owned property in lieu of the
performance of his obligation to contribute to taxes and expenses for the preservation of the
property constitutes dacion en pago.
5. A person can dispose of his corpse through an act intervivos.
XII
Emmanuel and Margarita, American citizens and employees of the U.S. State Department, got
married in the African state of Kenya where sterility is a ground for annulment of marriage.
Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first year of the
spouses tour of duty in the Philippines, Margarita filed an annulment case against Emmanuel
before a Philippine court on the ground of her husbands sterility at the time of the celebration of
the marriage.
1. Will the suit prosper? Explain your answer. (3%)
2. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they come
back and take up residence in the Philippines. Can their marriage be annulled on the ground of
Emmanuels sterility? Explain. (3%)
XIII
Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old foundling
who had a severe heart ailment. During the pendency of the adoption proceedings, Rafael died of
natural causes. The Office of the Solicitor General files a motion to dismiss the petition on the
ground that the case can no longer proceed because of the petitioners death.
1. Should the case be dismissed? Explain. (2%)
2. Will your answer be the same if it was Dolly who died during the pendency of the adoption
proceedings? Explain. (2%)
XIV
Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old girl,
and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and other
medical expenses in delivering the child by caesarean section; moral, claiming that Rodolfo
promised to marry her, representing that he was single when, in fact, he was not; and exemplary,
to teach a lesson to like-minded Lotharios.
1. If you were the judge, would you award all the claims of Nanette? Explain. (3%)
2. Suppose Rodolfo later on acknowledges Rona and gives her regular support, can he compel
her to use his surname? Why or why not? (2%)
3. When Rona reaches seven (7) years old, she tells Rodolfo that she prefers to live with him,
because he is better off financially than Nanette. If Rodolfo files an action for the custody of
Rona, alleging that he is Ronas choice as custodial parent, will the court grant Rodolfos
petition? Why or why not? (2%)
XV
Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five
million pesos (P5,000,000.00). To buy a new car, she obtained a loan from the same bank in the
amount of P1,200,000.00, payable in twelve monthly installments. Sarah issued in favor of the
bank post-dated checks, each in the amount of P100,000.00, to cover the twelve monthly
installment payments. On the third, fourth and fifth months, the corresponding checks bounced.
The bank then declared the whole obligation due, and proceeded to deduct the amount of one
million pesos (P1,000,000.00) from Sarahs deposit after notice to her that this is a form of
compensation allowed by law. Is the bank correct? Explain. (4%)
XVI
Marciano is the owner of a parcel of land through which a river runs out into the sea. The land
had been brought under the Torrens System, and is cultivated by Ulpiano and his family as
farmworkers therein. Over the years, the river has brought silt and sediment from its sources up
in the mountains and forests so that gradually the land owned by Marciano increased in area by
three hectares. Ulpiano built three huts on this additional area, where he and his two married
children live. On this same area, Ulpiano and his family planted peanuts, monggo beans and
vegetables. Ulpiano also regularly paid taxes on the land, as shown by tax declarations, for over
thirty years.
When Marciano learned of the increase in the size of the land, he ordered Ulpiano to demolish
the huts, and demanded that he be paid his share in the proceeds of the harvest. Marciano claims
that under the Civil Code, the alluvium belongs to him as a registered riparian owner to whose
land the accretion attaches, and that his right is enforceable against the whole world.
1. Is Marciano correct? Explain. (3%)
2. What rights, if any, does Ulpiano have against Marciano? Explain. (3%)
XVII
Rosario obtained a loan of P100,000.00 from Jennifer, and pledged her diamond ring. The
contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due date,
she will execute a document in favor of Jennifer providing that the ring shall automatically be
considered full payment of the loan.
1. Is the contract valid? Explain. (3%)
2. Will your answer to [a] be the same if the contract stipulates that upon failure of Rosario to
redeem the ring on due date, Jennifer may immediately sell the ring and appropriate the entire
proceeds thereof for herself as full payment of the loan? Reasons. (3%)
XVIII
The Ifugao Arms is a condominium project in Baguio City. A strong earthquake occurred which
left huge cracks in the outer walls of the building. As a result, a number of condominium units
were rendered unfit for use. May Edwin, owner of one of the condominium units affected,
legally sue for partition by sale of the whole project? Explain. (4%)
XIX
In 1972, Luciano de la Cruz sold to Chua Chung Chun, a Chinese citizen, a parcel of land in
Binondo. Chua died in 1990, leaving behind his wife and three children, one of whom, Julian, is
a naturalized Filipino citizen. Six years after Chuas death, the heirs executed an extrajudicial
settlement of estate, and the parcel of land was allocated to Julian. In 2007, Luciano filed suit to
recover the land he sold to Chua, alleging that the sale was void because it contravened the
Constitution which prohibits the sale of private lands to aliens. Julian moved to dismiss the suit
on grounds of pari delicto, laches and acquisitive prescription. Decide the case with reasons.
(4%)
XX
1. If Ligaya, a Filipino citizen residing in the United States, files a petition for change of name
before the District Court of New York, what law shall apply? Explain. (2%)
2. If Henry, an American citizen residing in the Philippines, files a petition for change of name
before a Philippine court, what law shall apply? Explain. (2%)
TAXATION LAW
PART I
I
1. A law that allows taxes to be paid either in cash or in kind is valid.
2. When the financial position of the taxpayer demonstrates a clear inability to pay the tax, the
Commissioner of Internal Revenue may validly compromise the tax liability.
3. The doctrine of equitable recoupment allows a taxpayer whose claim for refund has prescribed
to offset tax liabilities with his claim of overpayment.
4. A law imposing a tax on income of religious institutions derived from the sale of religious
articles is valid.
5. A false return and a fraudulent return are one and the same.
II
Enumerate the four (4) inherent limitations on taxation. Explain each item briefly. (4%)
III
Melissa inherited from her father a 300-square-meter lot. At the time of her father's death on
March 14, 1995, the property was valued at P720,000.00. On February 28, 1996, to defray the
cost of the medical expenses of her sick son, she sold the lot for P600,000.00, on cash basis. The
prevailing market value of the property at the time of the sale was P3,000.00 per square meter.
1. Is Melissa liable to pay capital gains tax on the transaction? If so, how much and why? If not,
why not? (4%)
2. Is Melissa liable to pay Value Added Tax (VAT) on the sale of the property? If so, how much
and why? If not, why not? (4%)
IV
International Technologies, Inc. (ITI) filed a claim for refund for unutilized input VAT with the
Court of Tax Appeals (CTA). In the course of the trial, ITI engaged the services of an
independent Certified Public Accountant (CPA) who examined the voluminous invoices and
receipts of ITI. ITI offered in evidence only the summary prepared by the CPA, without the
invoices and the receipts, and then submitted the case for decision.
Can the CTA grant ITI's claim for refund based only on the CPA's summary? Explain. (4%)
V
Jessie brought into the Philippines a foreign-made luxury car, and paid less than the actual taxes
and duties due. Due to the discrepancy, the Bureau of Customs instituted seizure proceedings and
issued a warrant of seizure and detention. The car, then parked inside a pay parking garage, was
seized and brought by government agents to a government impounding facility. The Collector of
Customs denied Jessie's request for the withdrawal of the warrant.
Aggrieved, Jessie filed against the Collector a criminal complaint for usurpation of judicial
functions on the ground that only a judge may issue a warrant of search and seizure.
1. Resolve with reasons Jessie's criminal complaint. (4%)
2. Would your answer be the same if the luxury car was seized while parked inside the garage of
Jessie's residence? Why or why not? (4%)
VI
The Sangguniang Bayan of the Municipality of Sampaloc, Quezon, passed an ordinance
imposing a storage fee of ten centavos (P0.10) for every 100 kilos of copra deposited in any
bodega within the Municipality's jurisdiction. The Metropolitan Manufacturing Corporation
(MMC), with principal office in Makati, is engaged in the manufacture of soap, edible oil,
margarine, and other coconut oil-based products. It has a warehouse in Sampaloc, Quezon, used
as storage space for the copra purchased in Sampaloc and nearby towns before the same is
shipped to Makati. MMC goes to court to challenge the validity of the ordinance, demanding the
refund of the storage fees it paid under protest.
Is the ordinance valid? Explain your answer. (4%)
VII
Kenya International Airlines (KIA) is a foreign corporation, organized under the laws of Kenya.
It is not licensed to do business in the Philippines. Its commercial airplanes do not operate within
Philippine territory, or service passengers embarking from Philippine airports. The firm is
represented in the Philippines by its general agent, Philippine Airlines (PAL), a Philippine
corporation.
KIA sells airplane tickets through PAL, and these tickets are serviced by KIA airplanes outside
the Philippines. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to
P2,968,156.00. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at
the rate of 35% on its taxable income, finding that KIA's airline ticket sales constituted income
derived from sources within the Philippines.
KIA filed a protest on the ground that the P2,968,156.00 should be considered as income derived
exclusively from sources outside the Philippines since KIA only serviced passengers outside
Philippine territory.
Is the position of KIA tenable? Reasons. (4%)
VII
Kenya International Airlines (KIA) is a foreign corporation, organized under the laws of Kenya.
It is not licensed to do business in the Philippines. Its commercial airplanes do not operate within
Philippine territory, or service passengers embarking from Philippine airports. The firm is
represented in the Philippines by its general agent, Philippine Airlines (PAL), a Philippine
corporation.
KIA sells airplane tickets through PAL, and these tickets are serviced by KIA airplanes outside
the Philippines. The total sales of airline tickets transacted by PAL for KIA in 1997 amounted to
P2,968,156.00. The Commissioner of Internal Revenue assessed KIA deficiency income taxes at
the rate of 35% on its taxable income, finding that KIA's airline ticket sales constituted income
derived from sources within the Philippines.
KIA filed a protest on the ground that the P2,968,156.00 should be considered as income derived
exclusively from sources outside the Philippines since KIA only serviced passengers outside
Philippine territory.
Is the position of KIA tenable? Reasons. (4%)
VIII
The City of Manila enacted Ordinance No. 55-66 which imposes a municipal occupation tax on
persons practicing various professions in the city. Among those subjected to the occupation tax
were lawyers. Atty. Mariano Batas, who has a law office in Manila, pays the ordinance-imposed
occupation tax under protest. He goes to court to assail the validity of the ordinance for being
discriminatory. Decide with reasons. (3%)
IX
Republic Power Corporation (RPC) is a government-owned and controlled corporation engaged
in the supply, generation and transmission of electric power. In 2005, in order to provide
electricity to Southern Tagalog provinces, RPC entered into an agreement with Jethro Energy
Corporation (JEC), for the lease of JEC's power barges which shall be berthed at the port of
Batangas City. The contract provides that JEC shall own the power barges and the fixtures,
fittings, machinery, and equipment therein, all of which JEC shall supply at its own cost, and that
JEC shall operate, manage and maintain the power barges for the purpose of converting the fuel
of RPC into electricity. The contract also stipulates that all real estate taxes and assessments,
rates and other charges, in respect of the power barges, shall be for the account of RPC.
In 2007, JEC received an assessment of real property taxes on the power barges from the
Assessor of Batangas City. JEC sought reconsideration of the assessment on the ground that the
power barges are exempt from real estate taxes under Section 234 [c] of R.A. 7160 as they are
actually, directly and exclusively used by RPC, a government-owned and controlled corporation.
Furthermore, even assuming that the power barges are subject to real property tax, RPC should
be held liable therefor, in accordance with the terms of the lease agreement. Is the contention of
JEC correct? Explain your answer. (4%)
X
ABCD Corporation (ABCD) is a domestic corporation with individual and corporate
shareholders who are residents of the United States. For the 2nd quarter of 1983, these U.S.based individual and corporate stockholders received cash dividends from the corporation. The
corresponding withholding tax on dividend income --- 30% for individual and 35% for corporate
non-resident stockholders --- was deducted at source and remitted to the BIR.
On May 15, 1984, ABCD filed with the Commissioner of Internal Revenue a formal claim for
refund, alleging that under the RP-US Tax Treaty, the deduction withheld at source as tax on
dividends earned was fixed at 25% of said income. Thus, ABCD asserted that it overpaid the
withholding tax due on the cash dividends given to its non-resident stockholders in the U.S. The
Commissioner denied the claim.
On January 17, 1985, ABCD filed a petition with the Court of Tax Appeals (CTA) reiterating its
demand for refund.
1. Does ABCD Corporation have the legal personality to file the refund on behalf of its nonresident stockholders? Why or why not? (3%)
2. Is the contention of ABCD Corporation correct? Why or why not? (3%)
PART II
XI
Raffy and Wena, husband and wife, are both employed by XXX Corporation. After office hours,
they jointly manage a coffee shop at the ground floor of their house. The coffee shop is registered
in the name of both spouses. Which of the following is the correct way to prepare their income
tax return? Write the letter only. DO NOT EXPLAIN YOUR ANSWER. (2%)
1. Raffy will declare as his income the salaries of both spouses, while Wena will declare the
income from the coffee shop.
2. Wena will declare the combined compensation income of the spouses, and Raffy will declare
the income from the coffee shop.
3. All the income will be declared by Raffy alone, because only one consolidated return is
required to be filed by the spouses.
4. Raffy will declare his own compensation income and Wena will declare hers. The income
from the coffee shop shall be equally divided between them. Each spouse shall be taxed
separately on their corresponding taxable income to be covered by one consolidated return for
the spouses.
5. Raffy will declare his own compensation income and Wena will declare hers. The income
from the coffee shop shall be equally divided between them. Raffy will file one income tax
return to cover all the income of both spouses, and the tax is computed on the aggregate taxable
income of the spouses.
XII
YYY Corporation engaged the services of the Manananggol Law Firm in 2006 to defend the
corporation's title over a property used in the business. For the legal services rendered in 2007,
the law firm billed the corporation only in 2008. The corporation duly paid.
YYY Corporation claimed this expense as a deduction from gross income in its 2008 return,
because the exact amount of the expense was determined only in 2008. Is YYY's claim of
deduction proper? Reasons. (4%)
XIII
In 1999, Xavier purchased from his friend, Yuri, a painting for P500,000.00. The fair market
value (FMV) of the painting at the time of the purchase was P1-million. Yuri paid all the
corresponding taxes on the transaction. In 2001, Xavier died. In his last will and testament,
Xavier bequeathed the painting, already worth P1.5-million, to his only son, Zandro. The will
also granted Zandro the power to appoint his wife, Wilma, as successor to the painting in the
event of Zandro's death. Zandro died in 2007, and Wilma succeeded to the property.
1. Should the painting be included in the gross estate of Xavier in 2001 and thus, be subject to
estate tax? Explain. (3%)
2. Should the painting be included in the gross estate of Zandro in 2007 and thus, be subject to
estate tax? Explain. (3%)
3. May a vanishing deduction be allowed in either or both of the estates? Explain. (3%)
XIV
Emiliano Paupahan is engaged in the business of leasing out several residential apartment units
he owns. The monthly rental for each unit ranges from P8,000.00 to P10,000.00. His gross rental
income for one year is P1,650,000.00. He consults you on whether it is necessary for him to
register as a VAT taxpayer. What legal advice will you give him, and why? (4%)
XV
Miguel, a citizen and resident of Mexico, donated US$1,000.00 worth of stocks in Barack
Motors Corporation, a Mexican company, to his legitimate son, Miguelito, who is residing in the
Philippines and about to be married to a Filipino girlfriend. Mexico does not impose any transfer
tax of whatever nature on all gratuitous transfers of property.
1. Is Miguel entitled to claim a dowry exclusion? Why or why not? (3%)
2. Is Miguel entitled to the rule of reciprocity in order to be exempt from the Philippine donor's
tax? Why or why not? (3%)
XVI
Ernesto, a Filipino citizen and a practicing lawyer, filed his income tax return for 2007 claiming
optional standard deductions. Realizing that he has enough documents to substantiate his
profession-connected expenses, he now plans to file an amended income tax return for 2007, in
order to claim itemized deductions, since no audit has been commenced by the BIR on the return
he previously filed. Will Ernesto be allowed to amend his return? Why or why not? (4%)
XVII
A final assessment notice was issued by the BIR on June 13, 2000, and received by the taxpayer
on June 15, 2000. The taxpayer protested the assessment on July 31, 2000. The protest was
initially given due course, but was eventually denied by the Commissioner of Internal Revenue
in a decision dated June 15, 2005. The taxpayer then filed a petition for review with the Court of
Tax Appeals (CTA), but the CTA dismissed the same.
1. Is the CTA correct in dismissing the petition for review? Explain your answer. (4%)
2. Assume that the CTA's decision dismissing the petition for review has become final. May the
Commissioner legally enforce collection of the delinquent tax? Explain. (4%)
XVIII
A taxpayer received an assessment notice from the BIR on February 3, 2009. The following day,
he filed a protest, in the form of a request for reinvestigation, against the assessment and
submitted all relevant documents in support of the protest. On September 11, 2009, the taxpayer,
apprehensive because he had not yet received notice of a decision by the Commissioner on his
protest, sought your advice.
What remedy or remedies are available to the taxpayer? Explain. (4%)
XIX
Johnny transferred a valuable 10-door commercial apartment to a designated trustee, Miriam,
naming in the trust instrument Santino, Johnny's 10-year old son, as the sole beneficiary. The
trustee is instructed to distribute the yearly rentals amounting to P720,000.00. The trustee
consults you if she has to pay the annual income tax on the rentals received from the commercial
apartment.
1. What advice will you give the trustee? Explain. (3%)
2. Will your advice be the same if the trustee is directed to accumulate the rental income and
distribute the same only when the beneficiary reaches the age of majority? Why or why not?
(3%)
XX
Masarap Food Corporation (MFC) incurred substantial advertising expenses in order to protect
its brand franchise for one of its line products. In its income tax return, MFC included the
advertising expense as deduction from gross income, claiming it as an ordinary business
expense. Is MFC correct? Explain. (3%)
September 20, 2009

MERCHANTILE LAW
PART I
I
1. The Denicola Test in intellectual property law states that if design elements of an article reflect
a merger of aesthetic and functional considerations, the artistic aspects of the work cannot be
conceptually separable from the utilitarian aspects; thus, the article cannot be copyrighted.
2. If the Ombudsman is convinced that there is a violation of law after investigating a complaint
alleging illicit bank deposits of a public officer, the Ombudsman may order the bank concerned
to allow in camera inspection of bank records and documents.
3. Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law, the sale would
still be valid.
4. Dividends on shares of stocks can only be declared out of unrestricted retained earnings of the
corporation.
5. A bank under receivership can still grant new loans and accept new deposits.
II
Atlantis Realty Corporation (ARC), a local firm engaged in real estate development, plans to sell
one of its prime assets --- a three-hectare land valued at about P100-million. For this purpose, the
board of directors of ARC unanimously passed a resolution approving the sale of the property for
P75-million to Shangrila Real Estate Ventures (SREV), a rival realty firm. The resolution also
called for a special stockholders meeting at which the proposed sale would be up for ratification.
Atty. Edric, a stockholder who owns only one (1) share in ARC, wants to stop the sale. He then
commences a derivative suit for and in behalf of the corporation, to enjoin the board of directors
and the stockholders from approving the sale.
1. Can Atty. Edric, who owns only one (1) share in the company, initiate a derivative suit? Why
or why not? (2%)
2. If such a suit is commenced, would it constitute an intra-corporate dispute? If so, why and
where would such a suit be filed? If not, why not? (2%)
3. Will the suit prosper? Why or why not? (3%)
III
Armando, a resident of Manila, borrowed P3-million from Bernardo, offering as security his 500
shares of stock worth P1.5-million in Xerxes Corporation, and his 2007 BMW sedan, valued at
P2-million. The mortgage on the shares of stock was registered in the Office of the Register of
Deeds of Makati City where Xerxes Corporation has its principal office. The mortgage on the car
was registered in the Office of the Register of Deeds of Manila. Armando executed a single
Affidavit of Good Faith, covering both mortgages.
Armando defaulted on the payment of his obligation; thus, Bernardo foreclosed on the two
chattel mortgages. Armando filed suit to nullify the foreclosure and the mortgages, raising the
following issues:
1. The execution of only one Affidavit of Good Faith for both mortgages invalidated the two
mortgages; (2%) and
2. The mortgage on the shares of stocks should have been registered in the Office of the Register
of Deeds of Manila where he resides, as well as in the stock and transfer book of Xerxes
Corporation. (3%)
Rule on the foregoing issues with reasons.
3. Assume that Bernardo extrajudicially foreclosed on the mortgages, and both the
car and the shares of stock were sold at public auction. If the proceeds from such
public sale shoul
e P1-million short of Armandos total obligation, can Bernardo recover the
deficiency? Why or why not? (2%)
IV
Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed
insurance policy covering persons between the ages of 50 to 75 who may be

afflicted with serious and debilitating illnesses. Quirico applied for insurance
coverage, stating that he was already 80 years old. Nonetheless, ALAC approved his
application.
Quirico then requested ALAC for the issuance of a cover note while he was trying to raise funds
to pay the insurance premium. ALAC granted the request. Ten days after he received the cover
note, Quirico had a heart seizure and had to be hospitalized. He then filed a claim on the policy.
1. Can ALAC validly deny the claim on the ground that the insurance coverage, as publicly
offered, was available only to persons 50 to 75 years of age? Why or why not? (2%)
2. Did ALACs issuance of a cover note result in the perfection of an insurance contract between
Quirico and ALAC? Explain. (3%)
V
Cecilio is planning to put up a grocery store in the subdivision where he and his family reside. To
promote this proposed business venture, he told his wife and three children to send out
promotional text messages to all the residents in the subdivision. Cecilios family members did
as instructed, and succeeded in reaching, through text messages, more than 80% of the residents
in the subdivision.
Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established?
Explain your answer. (3%)
VI
Lorenzo drew a bill of exchange in the amount of P100,000.00 payable to Barbara or order, with
his wife, Diana, as drawee. At the time the bill was drawn, Diana was unaware that Barbara is
Lorenzos paramour.
Barbara then negotiated the bill to her sister, Elena, who paid for it for value, and who did not
know who Lorenzo was. On due date, Elena presented the bill to Diana for payment, but the
latter promptly dishonored the instrument because, by then, Diana had already learned of her
husbands dalliance.
1. Was the bill lawfully dishonored by Diana? Explain. (3%)
2. Does the illicit cause or consideration adversely affect the negotiability of the bill? Explain.
(3%)
VII
Global Transport Services, Inc. (GTSI) operates a fleet of cargo vessels plying interisland routes.
One of its vessels, MV Dona Juana, left the port of Manila for Cebu laden with, among other
goods, 10,000 television sets consigned to Romualdo, a TV retailer in Cebu.
When the vessel was about ten nautical miles away from Manila, the ship captain heard on the
radio that a typhoon which, as announced by PAG-ASA, was on its way out of the country, had
suddenly veered back into Philippine territory. The captain realized that MV Dona Juana would
traverse the storms path, but decided to proceed with the voyage. True enough, the vessel sailed
into the storm. The captain ordered the jettison of the 10,000 television sets, along with some
other cargo, in order to lighten the vessel and make it easier to steer the vessel out of the path of
the typhoon. Eventually, the vessel, with its crew intact, arrived safely in Cebu.
1. Will you characterize the jettison of Romualdos TV sets as an average? If so, what kind of an
average, and why? If not, why not? (3%)
2. Against whom does Romualdo have a cause of action for indemnity of his lost TV sets?
Explain. (3%)
VIII
Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang
Pilipino Rural Bank in Eastern Visayas. Almost all the branch managers are close relatives of the
members of the Board of Directors of the corporation. Many undeserving relatives of the branch
managers were granted loans. In time, the branches could not settle their obligations to
depositors and creditors.
Receiving reports of these irregularities, the Supervising and Examining Department (SED) of
the Monetary Board prepared a detailed report (SED Report) specifying the facts and the
chronology of events relative to the problems that beset MPBC rural bank branches. The report
concluded that the bank branches were unable to pay their liabilities as they fell due, and could
not possibly continue in business without incurring substantial losses to its depositors and
creditors.
1. May the Monetary Board order the closure of the MPBC rural banks relying only on the SED
Report, without need of an examination? Explain. (3%)
2. If MPBC hires you as lawyer because the Monetary Board has forbidden it from carrying on
its business due to its imminent insolvency, what action will you institute to question the
Monetary Boards order? Explain. (3%)
IX
When is there an ultra vires act on the part of [a] the corporation; [b] the board of directors; and
[c] the corporate officers. (3%)
X
What are the so-called exempt securities under the Securities Regulation Code? (2%)
PART II
XI
1. A loan agreement which provides that the debtor shall pay interest at the rate determined by
the banks branch manager violates the disclosure requirement of the Truth in Lending Act.
2. Under the Warehouse Receipts Law, a warehouseman loses his lien upon the goods when he
surrenders possession thereof.
3. The Howey Test states that there is an investment contract when a person invests money in a
common enterprise and is led to expect profits primarily from the efforts of others.
4. A document, dated July 15, 2009, that reads: "Pay to X or order the sum of P5,000.00 five
days after his pet dog, Sparky, dies. Signed Y." is a negotiable instrument.
5. "A bank is bound to know its depositors signature" is an inflexible rule in determining the
liability of a bank in forgery cases.
XII
Gaudencio, a store owner, obtained a P1-million loan from Bathala Financing Corporation
(BFC). As security, Gaudencio executed a "Deed of Assignment of Receivables," assigning 15
checks received from various customers who bought merchandise from his store. The checks
were duly indorsed by Gaudencios customers.
The Deed of Assignment contains the following stipulation:
"If, for any reason, the receivables or any part thereof cannot be paid by the obligors, the
ASSIGNOR unconditionally and irrevocably agrees to pay the same, assuming the liability to
pay, by way of penalty, three percent (3%) of the total amount unpaid, for the period of delay
until the same is fully paid."
When the checks became due, BFC deposited them for collection, but the drawee banks
dishonored all the checks for one of the following reasons: "account closed," "payment stopped,"
"account under garnishment," or "insufficiency of funds." BFC wrote Gaudencio notifying him
of the dishonored checks, and demanding payment of the loan. Because Gaudencio did not pay,
BFC filed a collection suit.
In his defense, Gaudencio contended that [a] BFC did not give timely notice of dishonor (of the
checks); and [b] considering that the checks were duly indorsed, BFC should proceed against the
drawers and the indorsers of the checks.

Are Gaudencios defenses tenable? Explain. (5%)
XIII
Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). One of the
provisions of the one-year lease contract states:
"18. x x x The LESSEE shall not insure against fire the chattels, merchandise, textiles, goods and
effects placed at any stall or store or space in the leased premises without first obtaining the
written consent of the LESSOR. If the LESSEE obtains fire insurance coverage without the
consent of the LESSOR, the insurance policy is deemed assigned and transferred to the LESSOR
for the latters benefit."
Notwithstanding the stipulation in the contract, without the consent of SBC, Ciriaco insured the
merchandise inside the leased premises against loss by fire in the amount of P500,000.00 with
First United Insurance Corporation (FUIC).
A day before the lease contract expired, fire broke out inside the leased premises, damaging
Ciriacos merchandise. Having learned of the insurance earlier procured by Ciriaco, SBC
demanded from FUIC that the proceeds of the insurance policy be paid directly to it, as provided
in the lease contract.
Who is legally entitled to receive the insurance proceeds? Explain. (4%)
XIV
XXX Corporation (XXX) and its sister company, YYY Corporation (YYY), are both under
judicial receivership. The receiver has the option to sell all or substantially all of the properties of
YYY to XXX, or simply merge the two corporations. Under either option, the requirements
under the Corporation Code have to be complied with.
The receiver seeks your advice on whether the Bulk Sales Law will apply to either, or both,
options. What will your advice be? Explain. (4%)
XV
After disposing of his last opponent in only two rounds in Las Vegas, the renowned Filipino
boxer Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of heroworshipping fans and hundreds of media photographers. The following day, a colored
photograph of Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile
logo appeared on the front page of every Philippine newspaper.
Lacoste International, the French firm that manufactures Lacoste apparel and owns the Lacoste
trademark, decided to cash in on the universal popularity of the boxing icon. It reprinted the
photographs, with the permission of the newspaper publishers, and went on a world-wide blitz of
print commercials in which Sonny is shown wearing a Lacoste shirt alongside the phrase "Sonny
Bachao just loves Lacoste."
When Sonny sees the Lacoste advertisements, he hires you as lawyer and asks you to sue
Lacoste International before a Philippine court:
1. For trademark infringement in the Philippines because Lacoste International used his image
without his permission; (2%)
2. For copyright infringement because of the unauthorized use of the published photographs;
(2%) and
3. For injunction in order to stop Lacoste International from featuring him in their commercials.
(2%)
Will these actions prosper? Explain.
4. Can Lacoste International validly invoke the defense that it is not a Philippine company and,
therefore, Philippine courts have no jurisdiction? Explain. (2%)
XVI
On September 15, 2007, XYZ Corporation issued to Paterno 800 preferred shares with the
following terms:
"The Preferred Shares shall have the following rights, preferences, qualifications, and
limitations, to wit:
1. The right to receive a quarterly dividend of One Per Centum (1%), cumulative and
participating;
2. These shares may be redeemed, by drawing of lots, at any time after two (2) years from date of
issue, at the option of the Corporation; x x x."
Today, Paterno sues XYZ Corporation for specific performance, for the payment of dividends on,
and to compel the redemption of, the preferred shares, under the terms and conditions provided
in the stock certificates. Will the suit prosper? Explain. (3%)
XVII
Philippine Palaces Realty (PPR) had been representing itself as a registered broker of securities,
duly authorized by the Securities and Exchange Commission (SEC). On October 6, 1996, PPR
sold to spouses Leon and Carina one (1) timeshare of Palacio del Boracay for US$7,500.00.
However, its Registration Statement became effective only on February 11, 1998 after the SEC
issued a resolution declaring that PPR was authorized to sell securities, including timeshares.
On March 30, 1998, Leon and Carina wrote PPR rescinding their purchase agreement and
demanding the refund of the amount they paid, because the Palacio del Boracay timeshare was
sold to them by PPR without the requisite license or authority from the SEC. PPR contended that
the grant of the SEC authority had the effect of ratifying the purchase agreement (with Leon and
Carina) of October 6, 1996.
Is the contention of PPR correct? Explain. (3%)
XVIII
Triple A Corporation (Triple A) was incorporated in 1960, with 500 founders shares and 78
common shares as its initial capital stock subscription. However, Triple A registered its stock and
transfer book only in 1978, and recorded merely 33 common shares as the corporations issued
and outstanding shares.
1. In 1982, Juancho, the sole heir of one of the original incorporators filed a petition with the
Securities and Exchange Commission (SEC) for the registration of his property rights over 120
founders shares and 12 common shares. The petition was supported by a copy of the Articles of
Incorporation indicating the incorporators initial capital stock subscription. Will the petition be
granted? Why or why not? (3%)
2. On May 6, 1992, a special stockholders meeting was held. At this meeting, what would have
constituted a quorum? Explain. (3%)
3. What is a stock and transfer book? (1%)
XIX
One of the passenger buses owned by Continental Transit Corporation (CTC), plying its usual
route, figured in a collision with another bus owned by Universal Transport, Inc. (UTI). Among
those injured inside the CTC bus were: Romeo, a stow away; Samuel, a pickpocket then in the
act of robbing his seatmate when the collision occurred; Teresita, the bus drivers mistress who
usually accompanied the driver on his trips for free; and Uriel, holder of a free riding pass he
won in a raffle held by CTC.
1. Will a suit for breach of contract of carriage filed by Romeo, Samuel, Teresita, and Uriel
against CTC prosper? Explain. (3%)
2. Do Romeo, Samuel, Teresita, and Uriel have a cause of action for damages against UTI?
Explain. (3%)
3. What, if any, are the valid defenses that CTC and UTI can raise in the respective actions
against them? Explain. (3%)
XX
Under the Securities Regulation Code, what is the Margin Trading Rule? (2%)
CRIMINAL LAW
PART I
I
1. Amado, convicted of rape but granted an absolute pardon by the President, and one year
thereafter, convicted of homicide, is a recidivist.
2. The creditor who resorts to forced labor of a child under the pretext of reimbursing himself for
the debt incurred by the childs father commits the crime of slavery.
3. The use of an unlicensed firearm in homicide is considered a generic aggravating circumstance
which can be offset by an ordinary mitigating circumstance.
4. A person who, on the occasion of a robbery, kills a bystander by accident is liable for two
separate crimes: robbery and reckless imprudence resulting in homicide.
5. A policeman who, without a judicial order, enters a private house over the owners opposition
is guilty of trespass to dwelling.
II
Antero Makabayan was convicted of the crime of Rebellion. While serving sentence, he escaped
from jail. Captured, he was charged with, and convicted of, Evasion of Service of Sentence.
Thereafter, the President of the Philippines issued an amnesty proclamation for the offense of
Rebellion. Antero applied for and was granted the benefit of the amnesty proclamation.
Antero then filed a petition for habeas corpus, praying for his immediate release from
confinement. He claims that the amnesty extends to the offense of Evasion of Service of
Sentence. As judge, will you grant the petition? Discuss fully. (4%)
III
Rigoberto gate-crashed the 71st birthday party of Judge Lorenzo. Armed with a piece of wood
commonly known as dos por dos, Rigoberto hit Judge Lorenzo on the back, causing the latters
hospitalization for 30 days. Upon investigation, it appeared that Rigoberto had a grudge against
Judge Lorenzo who, two years earlier, had cited Rigoberto in contempt and ordered his
imprisonment for three (3) days.
1. Is Rigoberto guilty of Direct Assault? Why or why not? (3%)

2. Would your answer be the same if the reason for the attack was that when Judge Lorenzo was
still a practicing lawyer ten years ago, he prosecuted Rigoberto and succeeded in sending him to
jail for one year? Explain your answer. (3%)
IV
Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlies
girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it would
be used to kill a very sick, old dog. Actually, Charlie intended to use the poison on Brad.
The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with Brads
food, did not kill Brad.
1. Did Charlie commit any crime? If so, what and why? If not, why not? (3%)
2. Would your answer be the same if Brad proved to be allergic to the powder, and after ingesting
it with his food, fell ill and was hospitalized for ten (10) days? Explain. (3%)
V
Ponciano borrowed Rubens gun, saying that he would use it to kill Freddie. Because Ruben also
resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie,
isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used a knife because he did not want
Freddies neighbors to hear the gunshot.
1. What, if any, is the liability of Ruben? Explain. (3%)
2. Would your answer be the same if, instead of Freddie, it was Manuel, a relative of Ruben, who
was killed by Ponciano using Rubens gun? Explain. (3%)
VI
Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador witnessed the
entire incident, but he was so scared to tell the authorities about it.
On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the police.
After investigation, the police finally arrested Baldo on January 6, 1980. Charged in court, Baldo
claims that the crime he committed had already prescribed.
Is Baldos contention correct? Explain. (3%)
VII
Charina, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending before the
court that she would convince the Presiding Judge to decide the case in plaintiffs favor. In
consideration therefor, the plaintiff gave Charina P20,000.00.

Charina was charged with violation of Section 3 (b) of Republic Act No. 3019, prohibiting any
public officer from directly or indirectly requesting or receiving any gift, present, percentage, or
benefit in connection with any contract or transaction x x x wherein the public officer, in his
official capacity, has to intervene under the law.
While the case was being tried, the Ombudsman filed another information against Charina for
Indirect Bribery under the Revised Penal Code. Charina demurred to the second information,
claiming that she can no longer be charged under the Revised Penal Code having been charged
for the same act under R.A. 3019.
Is Charina correct? Explain. (3%)
VIII
While Alfredo, Braulio, Ciriaco, and Domingo were robbing a bank, policemen arrived. A
firefight ensued between the bank robbers and the responding policemen, and one of the
policemen was killed.
1. What crime or crimes, if any, had been committed? Explain. (3%)
2. Suppose it was Alfredo who was killed by the responding policemen, what charges can be
filed against Braulio, Ciriaco and Domingo? Explain. (2%)
3. Suppose in the course of the robbery, before the policemen arrived, Braulio shot and killed
Alfredo following a heated disagreement on who should carry the money bags, what would be
the criminal liability of Braulio, Ciriaco and Domingo? Explain. (2%)
IX
Virgilio, armed with a gun, stopped a van along a major thoroughfare in Manila, pointed the gun
at the driver and shouted: "Tigil! Kidnap ito!"
Terrified, the driver, Juanito, stopped the van and allowed Virgilio to board. Inside the van were
Jeremias, a 6-year-old child, son of a multi-millionaire, and Daday, the childs nanny. Virgilio
told Juanito to drive to a deserted place, and there, ordered the driver to alight. Before Juanito
was allowed to go, Virgilio instructed him to tell Jeremias parents that unless they give a ransom
of P10-million within two (2) days, Jeremias would be beheaded. Daday was told to remain in
the van and take care of Jeremias until the ransom is paid. Virgilio then drove the van to his
safehouse.
What crime or crimes, if any, did Virgilio commit? Explain. (5%)
X
To secure the release of his brother Willy, a detention prisoner, and his cousin Vincent, who is
serving sentence for homicide, Chito asked the RTC Branch Clerk of Court to issue an Order
which would allow the two prisoners to be brought out of jail. At first, the Clerk refused, but
when Chito gave her P50,000.00, she consented.
She then prepared an Order requiring the appearance in court of Willy and Vincent, ostensibly as
witnesses in a pending case. She forged the judges signature, and delivered the Order to the jail
warden who, in turn, allowed Willy and Vincent to go out of jail in the company of an armed
escort, Edwin. Chito also gave Edwin P50,000.00 to leave the two inmates unguarded for three
minutes and provide them with an opportunity to escape. Thus, Willy and Vincent were able to
escape.
What crime or crimes, if any, had been committed by Chito, Willy, Vincent, the Branch Clerk of
Court, Edwin, and the jail warden? Explain your answer. (5%)
PART II
XI
1. Life imprisonment is a penalty more favorable to the convict than reclusion perpetua.
2. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable under
the Revised Penal Code.
3. In a prosecution for fencing under P.D. 1612, it is a complete defense for the accused to prove
that he had no knowledge that the goods or articles found in his possession had been the subject
of robbery.
4. In the crime of libel, truth is an absolute defense.
5. For a person who transacts an instrument representing the proceeds of a covered unlawful
activity to be liable under the Anti-Money Laundering Act (R.A. 9160, as amended), it must be
shown that he has knowledge of the identities of the culprits involved in the commission of the
predicate crimes.
XII
1. In a conviction for homicide, the trial court appreciated two (2) mitigating circumstances and
one (1) aggravating circumstance. Homicide under Article 249 of the Revised Penal Code is
punishable by reclusion temporal, an imprisonment term of twelve (12) years and one (1) day to
twenty (20) years. Applying the Indeterminate Sentence Law, determine the appropriate penalty
to be imposed. Explain. (3%)
2. Will your answer be the same if it is a conviction for illegal possession of drugs under R.A.
9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which is also imprisonment for a
term of twelve (12) years and one (1) day to twenty (20) years? Why or why not? (3%)
XIII
Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing their money
upon a promise of a capital return of 25%, computed monthly, and guaranteed by post-dated
checks. During the first two months following the investment, the investors received their profits,
but thereafter, Angelo vanished.
Angelo was charged with 500 counts of estafa and 2,000 counts of violation of Batas Pambansa
(BP) 22. In his motion to quash, Angelo contends that he committed a continued crime, or delito
continuado, hence, he committed only one count of estafa and one count of violation of BP 22.
1. What is delito continuado? (1%)
2. Is Angelos contention tenable? Explain. (4%)
XIV
Following his arrest after a valid buy-bust operation, Tommy was convicted of violation of
Section 5, Republic Act 9165. On appeal, Tommy questioned the admissibility of the evidence
because the police officers who conducted the buy-bust operation failed to observe the requisite
"chain of custody" of the evidence confiscated and/or seized from him.
What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the
effect of failure to observe the requirement? (3%)
XV
Joe was 17 years old when he committed homicide in 2005. The crime is punishable by reclusion
temporal. After two years in hiding, he was arrested and appropriately charged in May 2007.
Since Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) was already in effect, Joe
moved to avail of the process of intervention or diversion.
1. What is intervention or diversion? Is Joe entitled to intervention or diversion? Explain. (3%)
2. Suppose Joes motion for intervention or diversion was denied, and he was convicted two (2)
years later when Joe was already 21 years old, should the judge apply the suspension of
sentence? Explain. (2%)
3. Suppose Joe was convicted of attempted murder with a special aggravating circumstance and
was denied suspension of sentence, would he be eligible for probation under Presidential Decree
(PD) 968, considering that the death penalty is imposable for the consummated felony? Explain.
(2%)
XVI
Roger and Jessie, Municipal Mayor and Treasurer, respectively, of San Rafael, Leyte, caused the
disbursement of public funds allocated for their local development programs for 2008. Records
show that the amount of P2-million was purportedly used as financial assistance for a rice
production livelihood project. Upon investigation, however, it was found that Roger and Jessie
falsified the disbursement vouchers and supporting documents in order to make it appear that
qualified recipients who, in fact, are non-existent individuals, received the money.
Roger and Jessie are charged with malversation through falsification and violation of Section 3
(e) of R.A. 3019 for causing undue injury to the government. Discuss the propriety of the
charges filed against Roger and Jessie. Explain. (4%)
XVII
Wenceslao and Loretta were staying in the same boarding house, occupying different rooms. One
late evening, when everyone in the house was asleep, Wenceslao entered Lorettas room with the
use of a picklock. Then, with force and violence, Wenceslao ravished Loretta. After he had
satisfied his lust, Wenceslao stabbed Loretta to death and, before leaving the room, took her
jewelry.
1. What crime or crimes, if any, did Wenceslao commit? Explain. (4%)
2. Discuss the applicability of the relevant aggravating circumstances of dwelling, nocturnity and
the use of the picklock to enter the room of the victim. (3%)
3. Would your answer to [a] be the same if, despite the serious stab wounds she sustained,
Loretta survived? Explain. (3%)
XVIII
At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive
dance number. While gyrating with their bodies, Leoncio dipped his private parts in Evelyns
buttocks. Incensed, Evelyn protested, but Leoncio continued and tightly embraced her.
1. What crime or crimes, if any, did Leoncio commit? Explain. (3%)
2. Would your answer be the same if, even after the music had stopped, Leoncio continued to
dance dirty, rubbing his private parts on Evelyns buttocks? Explain. (3%)
XIX
Delmo learned that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of the
Philippine Medical Center. Intending to kill Oscar, Delmo disguised himself as a nurse, entered
the ICU, and saw a man lying on the hospital bed with several life-saving tubes attached to the
body. Delmo disconnected the tubes and left. Later, the resident physician doing his rounds
entered the ICU and, seeing the disconnected tubes, replaced them. The patient survived. It
turned out that the patient was Larry, as Oscar had been discharged from the hospital earlier.
Delmo was charged with frustrated murder, qualified by evident premeditation and treachery as
aggravating circumstances. Discuss the propriety of the charge. (4%)
October 4, 2009
REMEDIAL LAW
PART I
I
1. The Vallejo standard refers to jurisprudential norms considered by the court in assessing the
probative value of DNA evidence.
2. The One-Day Examination of Witness Rule abbreviates court proceedings by having a witness
fully examined in only one day during trial.
3. A suit for injunction is an action in rem.
4. Under the doctrine of adoptive admission, a third party's statement becomes the admission of
the party embracing or espousing it.
5. Summons may be served by mail.
II
Angelina sued Armando before the Regional Trial Court (RTC) of Manila to recover the
ownership and possession of two parcels of land; one situated in Pampanga, and the other in
Bulacan.
1. May the action prosper? Explain. (2%)
2. Will your answer be the same if the action was for foreclosure of the mortgage over the two
parcels of land? Why or why not? (2%)
III
Amorsolo, a Filipino citizen permanently residing in New York City, filed with the RTC of Lipa
City a Complaint for Rescission of Contract of Sale of Land against Brigido, a resident of
Barangay San Miguel, Sto. Tomas, Batangas. The subject property, located in Barangay Talisay,
Lipa City, has an assessed value of P19,700.00. Appended to the complaint is Amorsolo's
verification and certification of non-forum shopping executed in New York City, duly notarized
by Mr. Joseph Brown, Esq., a notary public in the State of New York.
Brigido filed a motion to dismiss the complaint on the following grounds:
1. The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident
of the Philippines; (2%)
2. The RTC does not have jurisdiction over the subject matter of the action involving real
property with an assessed value of P19,700.00; exclusive and original jurisdiction is with the
Municipal Trial Court where the defendant resides; (3%) and
3. The verification and certification of non-forum shopping are fatally defective because there is
no accompanying certification issued by the Philippine Consulate in New York, authenticating
that Mr. Brown is duly authorized to notarize the document. (3%)
Rule on the foregoing grounds with reasons.
IV
Pedrito and Tomas, Mayor and Treasurer, respectively, of the Municipality of San Miguel, Leyte,
are charged before the Sandiganbayan for violation of Section 3 (e), Republic Act No. 3019
(Anti-Graft and Corrupt Practices Act). The information alleges, among others, that the two
conspired in the purchase of several units of computer through personal canvass instead of a
public bidding, causing undue injury to the municipality.
Before arraignment, the accused moved for reinvestigation of the charge, which the court
granted. After reinvestigation, the Office of the Special Prosecutor filed an amended information
duly signed and approved by the Special Prosecutor, alleging the same delictual facts, but with
an additional allegation that the accused gave unwarranted benefits to SB Enterprises owned by
Samuel. Samuel was also indicted under the amended information.
Before Samuel was arraigned, he moved to quash the amended information on the ground that
the officer who filed the same had no authority to do so. Resolve the motion to quash with
reasons. (3%)
V
Frank and Gina were married on June 12, 1987 in Manila. Barely a year after the wedding, Frank
exhibited a violent temperament, forcing Gina, for reasons of personal safety, to live with her
parents. A year thereafter, Gina found employment as a domestic helper in Singapore, where she
worked for ten consecutive years. All the time she was abroad, Gina had absolutely no
communications with Frank, nor did she hear any news about him. While in Singapore, Gina met
and fell in love with Willie.

On July 4, 2007, Gina filed a petition with the RTC of Manila to declare Frank presumptively
dead, so that she could marry Willie. The RTC granted Gina's petition. The Office of the Solicitor
General (OSG) filed a Notice of Appeal with the RTC, stating that it was appealing the decision
to the Court of Appeals on questions of fact and law.
1. Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not?
(2%)
2. As the RTC judge who granted Gina's petition, will you give due course to the OSG's Notice
of Appeal? Explain. (3%)
VI
Arrested in a buy-bust operation, Edmond was brought to the police station where he was
informed of his constitutional rights. During the investigation, Edmond refused to give any
statement. However, the arresting officer asked Edmond to acknowledge in writing that six (6)
sachets of "shabu" were confiscated from him. Edmond consented and also signed a receipt for
the amount of P3,000.00, allegedly representing the "purchase price of the shabu." At the trial,
the arresting officer testified and identified the documents executed and signed by Edmond.
Edmond's lawyer did not object to the testimony. After the presentation of the testimonial
evidence, the prosecutor made a formal offer of evidence which included the documents signed
by Edmond.
Edmond's lawyer objected to the admissibility of the documents for being the "fruit of the
poisoned tree." Resolve the objection with reasons. (3%)
VII
Cresencio sued Dioscoro for collection of a sum of money. During the trial, but after the
presentation of plaintiff's evidence, Dioscoro died. Atty. Cruz, Dioscoro's counsel, then filed a
motion to dismiss the action on the ground of his client's death. The court denied the motion to
dismiss and, instead, directed counsel to furnish the court with the names and addresses of
Dioscoro's heirs and ordered that the designated administrator of Dioscoro's estate be substituted
as representative party.
After trial, the court rendered judgment in favor of Cresencio. When the decision had become
final and executory, Cresencio moved for the issuance of a writ of execution against Dioscoro's
estate to enforce his judgment claim. The court issued the writ of execution. Was the court's
issuance of the writ of execution proper? Explain. (2%)
VIII
On July 15, 2009, Atty. Manananggol was served copies of numerous unfavorable judgments and
orders. On July 29, 2009, he filed motions for reconsideration which were denied. He received
the notices of denial of the motions for reconsideration on October 2, 2009, a Friday. He
immediately informed his clients who, in turn, uniformly instructed him to appeal. How, when
and where should he pursue the appropriate remedy for each of the following: (10%)
1. Judgment of a Municipal Trial Court (MTC) pursuant to its delegated jurisdiction dismissing
his client's application for land registration?
2. Judgment of the Regional Trial Court (RTC) denying his client's petition for a Writ of Habeas
Data?
3. Order of a Family Court denying his client's petition for Habeas Corpus in relation to custody
of a minor child?
4. Order of the RTC denying his client's Petition for Certiorari questioning the Metropolitan Trial
Court's (MeTC's) denial of a motion to suspend criminal proceedings?
5. Judgment of the First Division of the Court of Tax Appeals (CTA) affirming the RTC decision
convicting his client for violation of the National Internal Revenue Code?
IX
Modesto sued Ernesto for a sum of money, claiming that the latter owed him P1-million,
evidenced by a promissory note, quoted and attached to the complaint. In his answer with
counterclaim, Ernesto alleged that Modesto coerced him into signing the promissory note, but
that it is Modesto who really owes him P1.5-million. Modesto filed an answer to Ernesto's
counterclaim admitting that he owed Ernesto, but only in the amount of P0.5-million. At the pretrial, Modesto marked and identified Ernesto's promissory note. He also marked and identified
receipts covering payments he made to Ernesto, to the extent of P0.5-million, which Ernesto did
not dispute.
After pre-trial, Modesto filed a motion for judgment on the pleadings, while Ernesto filed a
motion for summary judgment on his counterclaim. Resolve the two motions with reasons. (5%)
X
Upon termination of the pre-trial, the judge dictated the pre-trial order in the presence of the
parties and their counsel, reciting what had transpired and defining three (3) issues to be tried.
1. If, immediately upon receipt of his copy of the pre-trial order, plaintiff's counsel should move
for its amendment to include a fourth (4th) triable issue which he allegedly inadvertently failedto
mention when the judge dictated the order. Should the motion to amend be granted? Reasons.
(2%)
2. Suppose trial had already commenced and after the plaintiff's second witness had testified, the
defendant's counsel moves for the amendment of the pre-trial order to include a fifth (5th) triable
issue vital to his client's defense. Should the motion be granted over the objection of plaintiff's
counsel? Reasons. (3%)

PART II
XI
1. The accused in a criminal case has the right to avail of the various modes of discovery.
2. The viatory right of a witness served with a subpoena ad testificandum refers to his right not to
comply with the subpoena.
3. In the exercise of its original jurisdiction, the Sandiganbayan may grant petitions for the
issuance of a writ of habeas corpus.
4. An electronic document is the equivalent of an original document under the Best Evidence
Rule if it is a printout or output readable by sight or other means, shown to reflect the data
accurately.
5. The filing of a motion for the reconsideration of the trial court's decision results in the
abandonment of a perfected appeal.
XII
Mike was renting an apartment unit in the building owned by Jonathan. When Mike failed to pay
six months' rent, Jonathan filed an ejectment suit. The Municipal Trial Court (MTC) rendered
judgment in favor of Jonathan, who then filed a motion for the issuance of a writ of execution.
The MTC issued the writ.
1. How can Mike stay the execution of the MTC judgment? Explain. (2%)
2. Mike appealed to the Regional Trial Court (RTC), which affirmed the MTC decision. Mike
then filed a petition for review with the Court of Appeals (CA). The CA dismissed the petition on
the ground that the sheriff had already executed the MTC decision and had ejected Mike from
the premises, thus rendering the appeal moot and academic. Is the CA correct? Reasons. (3%)
XIII
1. Continental Chemical Corporation (CCC) filed a complaint for a sum of money against
Barstow Trading Corporation (BTC) for the latter's failure to pay for its purchases of industrial
chemicals. In its answer, BTC contended that it refused to pay because CCC misrepresented that
the products it sold belonged to a new line, when in fact they were identical with CCC's existing
products. To substantiate its defense, BTC filed a motion to compel CCC to give a detailed list of
the products' ingredients and chemical components, relying on the right to avail of the modes of
discovery allowed under Rule 27. CCC objected, invoking confidentiality of the information
sought by BTC. Resolve BTC's motion with reasons. (3%)
2. Blinded by extreme jealousy, Alberto shot his wife, Betty, in the presence of his sister, Carla.
Carla brought Betty to the hospital. Outside the operating room, Carla told Domingo, a male
nurse, that it was Alberto who shot Betty. Betty died while undergoing emergency surgery. At the
trial of the parricide charges filed against Alberto, the prosecutor sought to present Domingo as
witness, to testify on what Carla told him. The defense counsel objected on the ground that
Domingo's testimony is inadmissible for being hearsay. Rule on the objection with reasons. (3%)
XIV
The Republic of the Philippines, through the Department of Public Works and Highways
(DPWH) filed with the RTC a complaint for the expropriation of the parcel of land owned by
Jovito. The land is to be used as an extension of the national highway. Attached to the complaint
is a bank certificate showing that there is, on deposit with the Land Bank of the Philippines, an
amount equivalent to the assessed value of the property. Then DPWH filed a motion for the
issuance of a writ of possession. Jovito filed a motion to dismiss the complaint on the ground that
there are other properties which would better serve the purpose.
1. Will Jovito's motion to dismiss prosper? Explain. (3%)
2. As judge, will you grant the writ of possession prayed for by DPWH? Explain. (3%)
XV
1. Florencio sued Guillermo for partition of a property they owned in common. Guillermo filed a
motion to dismiss the complaint because Florencio failed to implead Hernando and Inocencio,
the other co-owners of the property. As judge, will you grant the motion to dismiss? Explain.
(3%)
2. Mariano, through his attorney-in-fact, Marcos, filed with the RTC of Baguio City a complaint
for annulment of sale against Henry. Marcos and Henry both reside in Asin Road, Baguio City,
while Mariano resides in Davao City. Henry filed a motion to dismiss the complaint on the
ground of prematurity for failure to comply with the mandatory barangay conciliation. Resolve
the motion with reasons. (3%)
XVI
1. After the prosecution had rested and made its formal offer of evidence, with the court
admitting all of the prosecution evidence, the accused filed a demurrer to evidence with leave of
court. The prosecution was allowed to comment thereon. Thereafter, the court granted the
demurrer, finding that the accused could not have committed the offense charged. If the
prosecution files a motion for reconsideration on the ground that the court order granting the
demurrer was not in accord with the law and jurisprudence, will the motion prosper? Explain
your answer. (3%)
2. A criminal information is filed in court charging Anselmo with homicide. Anselmo files a
motion to quash the information on the ground that no preliminary investigation was conducted.
Will the motion be granted? Why or why not? (3%)
XVII
Having obtained favorable judgment in his suit for a sum of money against Patricio, Orencio
sought the issuance of a writ of execution. When the writ was issued, the sheriff levied upon a
parcel of land that Patricio owns, and a date was set for the execution sale.
1. How may Patricio prevent the sale of the property on execution? (2%)
2. If Orencio is the purchaser of the property at the execution sale, how much does he have to
pay? Explain. (2%)
3. If the property is sold to a third party at the execution sale, what can Patricio do to recover the
property? Explain. (2%)
XVIII
Pinoy died without a will. His wife, Rosie, and three children executed a deed of extrajudicial
settlement of his estate. The deed was properly published and registered with the Office of the
Register of Deeds. Three years thereafter, Suzy appeared, claiming to be the illegitimate child of
Pinoy. She sought to annul the settlement alleging that she was deprived of her rightful share in
the estate.
Rosie and the three children contended that (1) the publication of the deed constituted
constructive notice to the whole world, and should therefore bind Suzy; and (2) Suzy's action had
already prescribed.
Are Rosie and the three children correct? Explain. (4%)
XIX
1. Distinguish the two (2) modes of appeal from the judgment of the Regional Trial Court to the
Court of Appeals. (3%)
2. What is the writ of amparo? How is it distinguished from the writ of habeas corpus? (2%)
3. What is the writ of habeas data? (1%)
ETHICS LAW
PART I
I
1. The Bangalore Draft, approved at a Roundtable Meeting of Chief Justices held at The Hague,
is now the New Code of Judicial Conduct in the Philippines.
2. An attorney ad hoc is a lawyer appointed by the court to represent an absentee defendant in a
suit in which the appointment is made.
3. A charging lien, as distinguished from a retaining lien, is an active lien which can be enforced
by execution.
4. A lawyer cannot refuse to divulge the name or identity of his client.
5. A notary public is disqualified from performing a notarial act when the party to the document
is a relative by affinity within the 4th civil degree.
II
1. What is the object of the bar examinations? Explain. (2%)
2. What are the three (3) tests to determine conflict of interest for practicing lawyers? Explain
each briefly. (3%)
III
1. May a party appear as his own counsel in a criminal or in a civil case? Explain. (3%)
2. What is the student practice rule? (2%)
IV
1. In a case for homicide filed before the Regional Trial Court (RTC), Presiding Judge Quintero
issued an order for the arrest of the accused, granted a motion for the reduction of bail, and set
the date for the arraignment of the accused. Subsequently, Judge Quintero inhibited himself from
the case, alleging that even before the case was raffled to his court, he already had personal
knowledge of the circumstances surrounding the case. Is Judge Quinteros inhibition justified?
Explain. (3%)
2. After being diagnosed with stress dermatitis, Judge Rosalind, without seeking permission from
the Supreme Court, refused to wear her robe during court proceedings. When her attention was
called, she explained that whenever she wears her robe she is reminded of her heavy caseload,
thus making her tense. This, in turn, triggers the outbreak of skin rashes. Is Judge Rosalind
justified in not wearing her judicial robe? Explain. (3%)

V
Cliff and Greta were law school sweethearts. Cliff became a lawyer, but Greta dropped out. One
day, Cliff asked Greta to sign a marriage contract. The following day, Cliff showed Greta the
document already signed by an alleged solemnizing officer and two witnesses. Cliff then told
Greta that they were already married and Greta consented to go on a honeymoon. Thereafter, the
couple cohabited and begot a child. Two years later, Cliff left Greta and married a Venezuelan
beauty. Incensed, Greta filed a disbarment complaint against Cliff. Will the case prosper?
Explain. (4%)
VI
Atty. Sabungero obtained a notarial commission. One Sunday, while he was at the cockpit, a
person approached him with an affidavit that needed to be notarized. Atty. Sabungero
immediately pulled out from his pocket his small notarial seal, and notarized the document. Was
the affidavit validly notarized? Explain. (3%)
VII
Atty. Manuel is counsel for the defendant in a civil case pending before the RTC. After receiving
the plaintiffs Pre-Trial Brief containing the list of witnesses, Atty. Manuel interviewed some of
the witnesses for the plaintiff without the consent of plaintiffs counsel.
1. Did Atty. Manuel violate any ethical standard for lawyers? Explain. (3%)
2. Will your answer be the same if it was the plaintiff who was interviewed by Atty. Manuel
without the consent of plaintiffs counsel? Explain. (2%)
VIII
Court of Appeals (CA) Justice Juris was administratively charged with gross ignorance of the
law for having issued an order "temporarily enjoining" the implementation of a writ of
execution, and for having issued another order for the parties to "maintain the status quo" in the
same case. Both orders are obviously without any legal basis and violate CA rules. In his
defense, Justice Juris claims that the challenged orders were collegial acts of the CA Division to
which he belonged. Thus, he posits that the charge should not be filed against him alone, but
should include the two other CA justices in the Division. Is the contention of Justice Juris
tenable? Explain. (3%)
IX
Alexander Sison, resident of 111 Libertad St., Sampaloc, Manila, engages your services as
lawyer. He tells you that a certain Mr. Juan Jamero of 222 Juan Luna St., Tondo, Manila, owes
him P1,000,000.00; that the debt is long overdue; and that, despite repeated demands, Jamero has
failed to comply with his obligation. He also shows you a promissory note, executed on January
3, 2008, wherein Jamero promises to pay the amount of P1,000,000.00, with 12% interest per
annum, within one (1) year from date of note. Sison agrees to pay you attorneys fees in the
amount of P75,000.00, and a fee of P3,000.00 for every appearance in court.
As Sisons lawyer, prepare the complaint that you will file in court against Juan Jamero. (10%)
X
Given the same facts in No. IX above, assume that summons had been served on Jamero, but no
responsive pleading was filed within the reglementary period.
Prepare a motion to declare Jamero in default. (4%)
PART II
XI
1. The duty of a lawyer to his client is more paramount than his duty to the Court.
2. It is ethical for a lawyer to advise his client to enter a plea of guilty in a criminal case if the
lawyer is personally convinced that he cannot win the case for his client.
3. There is no presumption of innocence or improbability of wrongdoing in an attorneys favor
when he deals with his client concurrently as lawyer and as businessman.
4. The satisfaction of a judgment debt does not, by itself, bar or extinguish the attorneys liens,
except when there has been a waiver by the lawyer, as shown by his conduct or his passive
omission.
5. A companion or employee of the judge who lives in the judges household is included in the
definition of the "judges family."
XII
Write the complete text of the attorneys oath. (5%)
XIII
Atty. Hyde, a bachelor, practices law in the Philippines. On long weekends, he dates beautiful
actresses in Hong Kong. Kristine, a neighbor in the Philippines, filed with the Supreme Court an
administrative complaint against the lawyer because of sex videos uploaded through the internet
showing Atty. Hydes sordid dalliance with the actresses in Hong Kong.
In his answer, Atty. Hyde (1) questions the legal personality and interest of Kristine to institute
the complaint and (2) insists that he is a bachelor and the sex videos relate to his private life
which is outside public scrutiny and have nothing to do with his law practice.
Rule on the validity of Atty. Hydes defenses. (5%)
XIV
Marlyn, a widow, engaged the services of Atty. Romanito in order to avert the foreclosure of
several parcels of land mortgaged by her late husband to several creditors. Atty. Romanito
advised the widow to execute in his favor deeds of sale over the properties, so that he could sell
them and generate funds to pay her creditors. The widow agreed. Atty. Romanito did not sell the
properties, but paid the mortgage creditors with his own funds, and had the land titles registered
in his name. Atty. Romanito succeeds in averting the foreclosure. Is he administratively liable?
Reasons. (3%)
XV
Atty. Wilmar represented Beatriz in a partition case among heirs, and won. When Wilmar
demanded payment of attorneys fees, Beatriz refused to pay. Wilmar sued Beatriz for the unpaid
attorneys fees and obtained a favorable judgment. Thereafter, Beatriz filed an administrative
complaint against Wilmar claiming that he lied when he stated in his claim for attorneys fees
that the subject of the partition case involved the entire estate of the deceased when, in fact, it
covered only 50% thereof. Wilmar set up the defenses that (1) Beatriz filed the complaint only to
delay the execution of the judgment ordering her to pay attorneys fees and (2) Beatriz engaged
in forum-shopping. Are the defenses of Atty. Wilmar tenable? Explain. (4%)
XVI
Atty. Simeon persuaded Armando, Benigno and Ciriaco to invest in a business venture that later
went bankrupt. Armando, Benigno and Ciriaco charged Atty. Simeon with estafa.
Simultaneously, they filed an administrative complaint against the lawyer with the Supreme
Court.
1. If Simeon is convicted of estafa, will he be disbarred? Explain. (3%)
2. If Simeon is acquitted of the estafa charge, will the disbarment complaint be dismissed?
Explain. (3%)
XVII
When Atty. Romualdo interviewed his client, Vicente, who is accused of murder, the latter
confessed that he killed the victim in cold blood. Vicente also said that when he takes the witness
stand, he will deny having done so. Is Atty. Romualdo obliged, under his oath as lawyer, to
inform the judge that [a] his client is guilty and [b] his client will commit perjury on the witness
stand? Explain. (4%)

XVIII
On a Saturday, Atty. Paterno filed a petition for a writ of amparo with the Court of Appeals (CA).
Impelled by the urgency for the issuance of the writ, Atty. Paterno persuaded his friend, CA
Justice Johnny de la Cruz, to issue the writ of amparo and the notice of hearing without the
signature of the two other Justices-members of the CA division. Are Atty. Paterno and Justice de
la Cruz guilty of unethical conduct? Explain. (4%)
XIX
Romeo Hacendero wants to authorize Juanito Ahente to sell, on cash basis, for a price not lower
than P500,000.00, a parcel of land, situated in Muoz, Nueva Ecija, and covered by Transfer
Certificate of Title No. 123456, in the Register of Deeds of Nueva Ecija. Prepare a Special
Power of Attorney granting such authority. (4%)
XX
From the affidavits and the death certificate submitted during the preliminary investigation, the
following facts are established: At 6:00 oclock in the evening of September 13, 2009, at the
corner of Dapitan and Dos Castillas Sts., Sampaloc, Manila, Edgar Bastonero, alias Bugoy, and
Carlos Tirador, alias Pogi, accosted Johnny Escolar, a student, and demanded the latters cellular
phone and wrist watch. Because Johnny resisted, Bastonero pulled out a knife and stabbed
Johnny several times in the chest, causing instantaneous death. Bastonero and Tirador then ran
away. The affidavits were executed by William Tan and Henry Uy, classmates of Johnny, who
witnessed the entire incident. The death certificate was issued by Dr. Jose Cabra who conducted
the autopsy on Johnny.
As Assistant City Prosecutor in Manila, prepare the appropriate criminal information to be filed
in court. (10%)
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2009 Bar Examinations Questionaire

subpoena, raising the following arguments:

William protested his arrest.

Resolve the foregoing issues, with reasons.

enforcement of the reinstatement order while the appeal was pending.

September 13, 2009

September 20, 2009

Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed

insurance policy covering persons between the ages of 50 to 75 who may be

drawers and the indorsers of the checks.

1. Is Rigoberto guilty of Direct Assault? Why or why not? (3%)

consideration therefor, the plaintiff gave Charina P20,000.00.

and fell in love with Willie.

counsel? Reasons. (3%)

justified in not wearing her judicial robe? Explain. (3%)

stand? Explain. (4%)

Criminal Law I Cases Digests: Part 2

Climate Change Act of 2009 (RA No. 9729)

RP-US Free Trade Agreement

The Boon of Business Process Outsourcing (BPO) in ...

Cyberterrorism and its Implications on Global-Loc...

Criminal Law I Cases Digests: Part 1

2009 Bar Examinations Questionaire

Top 10 Law Schools in the Philippines

Basic Laws in Philippine Disaster Management and M...

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