BAR 2018

On March 1, 2017, sisters and business partners Carmina and Celeste Corominas borrowed PhP
500,000 from Carmen Carunungan. It was agreed that the amount will be paid in full one (1) year after, or
on March 1, 2018, with interest at the rate of 10% per annum, without necessity of a demand. They also
agreed to be bound jointly and severally. For this purpose, they executed a promissory note, secured by a
postdated check in the amount of PhP 550,000 drawn from their joint account, which check was dated
March 1, 2018.
When the debt became due, Carmen deposited the check but it was dishonored for insufficient funds.
Carmen then sued Carmina and Celeste for estafa through falsification of a commercial document. After
finding probable cause, the prosecutor filed a criminal case in court, where the sisters were required to
file their joint judicial affidavit. In their affidavit, they raised the defense that they could not be guilty of
estafa because: (i) the check was issued only as a form of security; (ii) even if issued as payment, it was
for a pre-existing debt; and (iii) it was only upon Carmen's insistence that they issued the check.
Before the case could be decided, the sisters offered to settle their debt through a dacion en
pago. They offered a Honda CRV which they jointly owned in full settlement of the loan. Carmen agreed.
Prepare the following documents in legally acceptable and enforceable forms, based on the above facts:
(a) The promissory note (5% );
(b) The judicial affidavit (10%); and
(c) The dacion en pago (10%).

BAR 2017
Believing that an onerous transfer would result in lesser taxes than a gratuitous transfer, Nenita Villo, a
widow, decided to sell her lone asset worth ₱3,000,000.00 to her daughters, Andrea, Carina and Carissa,
all of legal age, gainfully employed and still unmarried. The asset consisted of the house and the lot
registered under Transfer Certificate of Title No. 67890 of the Register of Deeds of Paranaque City and
situated at No. 3156 Bayswater Street, Metro Ville Subdivision, Paranaque City where Nenita and her
daughters presently resided.
Nenita required her daughters to make a down payment of ₱1,000,000.00, and the balance to be paid
once the title to the property was transferred to her daughters' names. All the taxes, fees, and costs
related to the sale would be for the account of Nenita, while those related to the transfer of title would be
paid by Andrea, Carina and Carissa.
Draft the contract to be executed by Nenita and her daughters in connection with the transfer of the house
and lot. Omit details other than those stated in the question. (10%)

BAR 2010
a. Draft the accusatory portion of an Information for RAPE of a 13-year old child committed by her
maternal uncle in broad daylight at the back of a church. (5%)

b. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)

c. Draft a Petition for Bail. (5%)

BAR 2009
From the affidavits and the death certificate submitted during the preliminary investigation, the following
facts are established: At 6:00 o’clock 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 latter’s 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%)

BAR 2008
Draft a complete deed of donation of a piece of land in accordance with the form prescribed by the Civil
Code. (8%)

BAR 2007
- VIII -
(10%)

Prepare a clause stipulating a right of first refusal to be embodied in a contract of lease, in case of sale of
the property leased.

- IX -
(10%)

Prepare an affidavit of merits to be attached to a Petition for Relief.

-X-
(10%)

Prepare an arbitration clause to be included in a contract.

BAR 2006
- XVI -

Draft an Affidafit of Desistance in a criminal case for acts of lasciviosness. (Exclude the jurat)

- XVII -
Draft an affidafit of Self-Adjucation of the estate of a deceased person. (Exclude the jurat)

- XVIII -

Draft an Information charging Obet Buena with arson filed with the Regional Trial Court. Branch 10,
Manila. 10%

BAR 2005
- XIII -

Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate of Title No. 12345
located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have the time to look for
a buyer. He then designated his brother, Jon, to look for a buyer and negotiate the sale. Jon met Angelo
Santos who expressed his interest to buy the lot. Angelo agreed to pay P1 Million for the property on
September 26, 2005.

a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as principal, in favor of his brother
Jon, as agent, authorizing the latter to sell the property in favor of Angelo Santos. (7%)

b) Draft the Deed of Sale of Real Property. (7%)

- XIV -

Draft a withdrawal of counsel without conformity of client. (6%)

- XV -

Draft a Notice of Appeal. (6%) - XVI - Draft a Certification of Non-Forum Shopping. (6%)

BAR 2004