SET 34 QUESTIONS

1. TAXA TION LAW 2013

Q: A, aged 90 years and suffering from incurable cancer, on August 1, 2001 wrote a will and, on the same
day, made several inter-vivos gifts to his children. Ten days later, he died. In your opinion, are the inter-
vivos gifts considered transfers in contemplation of death for purposes of determining properties to be
included in his gross estate? Explain your answer.

2. REMEDIAL LAW 2015

Q: AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her. Later, BB
brought AA to a nearby shanty where he raped her. The Information for rape filed against BB states:

"On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this Honorable Court, the
accused, a minor, fifteen (15) years old with lewd design and by means of force, violence and intimidation,
did then and there, willfully, unlawfully and feloniously had sexual intercourse with AA, a minor, twelve
(12) years old against the latter's will and consent."

At the trial, the prosecutor called to the witness stand AA as his first witness and manifested that he be
allowed to ask leading questions in conducting his direct examination pursuant to the Rule on the
Examination of a Child Witness. BB's counsel objected on the ground that the prosecutor has not
conducted a competency examination on the witness, a requirement before the rule cited can be applied
in the case. x x x After the prosecution had rested its case, BB's counsel filed with leave a demurrer to
evidence, seeking the dismissal of the case on the ground that the prosecutor failed to present any
evidence on BB' s minority as alleged in the Information. Should the court grant the demurrer? (2015 Bar)

3. REMEDIAL LAW 2014

Q: A was charged with murder in the lower court. His Petition for Bail was denied after a summary hearing
on the ground that the prosecution had established a strong evidence of guilt. No Motion for
Reconsideration was filed from the denial of the Petition for Bail. During the reception of the evidence of
the accused, the accused reiterated his petition for bail on the ground that the witnesses so far presented
by the accused had shown that no qualifying aggravating circumstance attended the killing. The court
denied the petition on the grounds that it had already ruled that: (i) the evidence of guilt is strong; (ii) the
resolution for the Petition for Bail is solely based on the evidence presented by the prosecution; and (iii)
no Motion for Reconsideration was filed from the denial of the Petition for Bail.

a. If you are the Judge, how will you resolve the incident?

b. Suppose the accused is convicted of the crime of homicide and the accused filed a Notice of Appeal, is
he entitled to bail? (2014 Bar)

4. CIVIL LAW 2012

Q: Honorato filed a petition to adopt his minor illegitimate child Stephanie, alleging that Stephanie’s
mother is Gemma Astorga Garcia; that Stephanie has been using her mother’s middle name and surname;
and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie’s middle
name be changed from "Astorga" to "Garcia," which is her mother’s surname and that her surname
"Garcia" be changed to "Catindig," which is his surname. This the trial court denied. Was the trial court
correct in denying Hororato’s request for Stephanie’s use of her mother’s surname as her middle name?
Explain. (1996, 2012)

5. CIVIL LAW 2014

Q: A delayed accession is: (2014)

A. formation of an island

B. avulsion

C. alluvium

D. change in the course of the riverbed

6. CRIMINAL LAW 2016

Q: A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing editor and
C is the author/writer. In his column, Direct Hit, C wrote about X, the head examiner of the BIR-RDO Manila
as follows:

“Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste Tshirt niya ay napaka swapang na buwaya. Ang
nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer at ang para sa RP ay 10% lang.
Kaya ang baba ng collection ng RDO niya. Masyadong magnanakaw si X at dapat tanggalin itong bundat
na bundat na buwaya na ito at napalaki na ng kurakot.”

A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued that the
article is within the ambit of qualified privileged communication; that there is no malice in law and in fact;
and that defamatory comments on the acts of public officials which are related to the discharge of their
official duties do not constitute libel.

Was the crime of libel committed? If so, are A, B and C all liable for the crime? Explain. (2016 Bar)

7. POLITICAL LAW 2013

Q: As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by
the party to initiate the moves to impeach the President because he entered into an executive agreement
with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without
need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing
harmonious RPUS relations. Cite at least two (2) grounds for impeachment and explain why you chose
them. (2013)
 8. POLITICAL LAW 2015

Q: Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed which
impeded the entry of vehicles into the area. This caused food shortage resulting in massive looting of
grocery stores and malls. There is power outage also in the area. For these reasons, the governor of the
province declares a state of emergency in their province through Proclamation No. 1. He also invoked
Section 465 of the Local Government Code of 1991 (R.A. No. 7160) which vests on the provincial governor
the power to carryout emergency measures during man-made and natural disasters and calamities, and
to call upon the appropriate national law enforcement agencies to suppress disorder and lawless violence.
In the same proclamation, the governor called upon the members of the Philippine National Police, with
the assistance of the Armed Forces of the Philippines, to set up checkpoints and chokepoints, conduct
general searches and seizures including arrests, and other actions necessary to ensure public safety. Was
the action of the provincial governor proper? Explain. (2015)

9. MERCANTILE LAW 2015

Q: Is a manager’s check as good as cash? Why or why not? (2015 Bar)

10. LABOR LAW 2015

Q: When is illegal recruitment considered a crime of economic sabotage? Explain briefly. (2002, 2007,
2015 bar)