2013 Remedial Law Exam Essay Questions

on October 27, 2013

I.
Alfie Bravo filed with the Regional Trial Court of Caloocan, a complaint for a sum of money
against Charlie Delta. The claim is for Php1.!illion. The complaint alleges that
Charlie "orrowed the amount from Alfie and duly e#ecuted a promissory note as evidence of the
loan. Charlie$s office secretary, %sther, received the summons at Charlie$s office.
Charlie failed to file an answer within the re&uired period, and Alfie moved to declare Charlie in
default and to "e allowed to present evidence e# parte.
Ten days later, Charlie filed his verified answer, raising the defense of full payment with interest.
1. 'as there proper and valid service of summons on Charlie()*+,
-. .f declared in default, what can Charlie do to o"tain relief()/+,
II.
0vonne, a young and lonely 12', had an intimate relationship a"road with a friend,
Percy. Although 0vonne comes home to !anila every si# months, her foreign posting still left
her hus"and Dario lonely so that
healso engaged in his own e#tramarital activities. .n one particularlye#hilarating session with his
girlfriend, Dario died. 'ithin 134 days from Dario$s death, 0vonne gives "irth in !anila to a "a"y
"oy. .rate relatives of Dario contemplate criminally charging 0vonne for adultery and they hire
your law firm to handle the case.
1. .s the contemplated criminal action a via"le option to "ring()*+,
-. .s a civil action to impugn the paternity of the "a"y "oy feasi"le, and if so, in what
proceeding may such issue "e determined( )+,
III.
'hile in his 5issan Patrol and hurrying home to 6ue7on City from his wor8 in !a8ati, 9ary
figured in a vehicular mishap along that portion of %D:A within the City of !andaluyong. ;e
was "umped from "ehind "y a 2ord %#pedition :<= driven "y ;orace who was o"served using
his cellular phone at the time of the collision. Both vehicles > more than years old ? no longer
carried insurance other than the compulsory third party lia"ility insurance. 9ary suffered
physical in@uries while his 5issan Patrol sustained damage in e#cess of Php44,444.
1. As counsel for 9ary, descri"e the process you need to underta8e starting from the point
of the incident if 9ary would proceed criminally against ;orace, and identify the court with
@urisdiction over the case. )*+,
-. .f 9ary chooses to file an independent civil action for damages, e#plain "riefly this type
of actionA its legal "asisB the different approaches in pursuing this type of actionB the
evidence you would needB and types of defenses you could e#pect. )+,
I.
At the Pu"lic Attorney$s 1ffice station in Taguig where you are assigned, your wor8 re&uires you
to act as pu"lic defender at the local Regional Trial Court and to handle cases involving
indigents.
1. .n one criminal action for &ualified theft where you are the defense attorney, you learned that
the woman accused has "een in detention for si# months, yet she has not "een to a courtroom
nor seen a @udge.
'hat remedy would you underta8e to address the situation and what forum would you use
to invo8e this relief( )*+,
-. .n another case, also for &ualified theft, the detained young domestic helper has "een "rought
to court five times in the last si# months, "ut the prosecution has yet to commence the
presentation of its evidence. 0ou find that the reason for this is the continued a"sence of the
employer>complainant who is wor8ing overseas.
'hat remedy is appropriate and "efore which forum would you invo8e this relief( )*+,
*. :till in another case, this time for illegal possession of dangerous drugs, the prosecution has
rested "ut you saw from the records that the illegal su"stance allegedly involved has not "een
identified "y any of the prosecution witnesses nor has it "een the su"@ect of any stipulation.
:hould you now proceed posthaste to the presentation of defense evidence or consider some
other remedy( %#plain the remedial steps you propose to underta8e. )*+,
/. .n one other case, an indigent mother see8s assistance for her 1/>year old son who has "een
arrested and detained for malicious mischief.
'ould an application for "ail "e the appropriate remedy or is there another
remedy availa"le( Custify your chosen remedy and outline the appropriate steps to ta8e. )*+,
.
The spouses Cuan reside in 6ue7on City. 'ith their lottery winnings, they purchased a parcel of
land in Tagaytay City for P144,444.44. .n a recent trip to their Tagaytay property, they were
surprised to see hastily assem"led shelters of light materials occupied "y several families
of informal settlers who were not there when they last visited the property three)*, months ago.
To rid the spouses$ Tagaytay property of these informal settlers, "riefly discuss the legal remedy
you, as their counsel, would useB the steps you would ta8eB the court where you would file your
remedy if the need arisesB and the reasonDs for your actions. )E+,
I.
'hile leisurely wal8ing along the street near her house in !ari8ina, Patty un8nowingly stepped
on a garden tool left "ehind "y CCC, a construction company "ased in !a8ati. :he lost
her "alance as a conse&uence and fell into an open manhole. 2ortunately, Patty suffered no
ma@or in@uries e#cept for contusions, "ruises and scratches that did not re&uire any
hospitali7ation. ;owever, she lost self>esteem, suffered em"arrassment and ridicule, and had
"outs of an#iety and "ad dreams a"out the accident. :he wants vindication for her uncalled for
e#perience and hires you to act as counsel for her and to do whatever is necessary to recover
at least Php144,444 for what she suffered.
'hat action or actions may Patty pursue, against whom, where )court and venue,, and under
what legal "asis( )E+,
II.
0ou are the defense counsel of Angela Bituin who has "een charged under RA *41F )Anti>9raft
and Corrupt Practices Act, "efore the :andigan"ayan. 'hile Angela has posted "ail, she has
yet to "e arraigned. Angela revealed to you that she has not "een investigated for any offense
and that it was only when police officers showed up at her residence with a warrant of arrest
that she learned of the pending case against her. :he wonders why she has "een charged
"efore the :andigan"ayan when she is not in government service.
1. 'hat G"efore>trialH remedy would you invo8e in Angela$s "ehalf to address the fact that
she had not "een investigated at all, and how would you avail of this remedy( )/+,
-. 'hat Gduring>trialH remedy can you use to allow an early evaluation of the prosecution
evidence without the need of presenting defense evidenceB when and how can you avail of
this remedy( )/+,
III.
1n his way to the P5P Academy in :ilang, Cavite on "oard a pu"lic transport "us as a
passenger, Police .nspector !asigasig of the =alen7uela Police witnessed an on>going armed
ro""ery while the "us was traversing !a8ati. ;is alertness and training ena"led him to foil the
ro""ery and to su"due the malefactor. ;e disarmed the felon and while fris8ing him, discovered
another handgun tuc8ed in his waist. ;e sei7ed "oth handguns and the malefactor was later
charged with the separate crimes of ro""ery and illegal possession of firearm.
1. 'here should Police .nspector !asigasig "ring the felon for criminal processing( To
:ilang, Cavite where he is "oundB to !a8ati where the "us actually was when the felonies
too8 placeB or "ac8 to =alen7uela where he is stationed( 'hich court has @urisdiction over
the criminal cases()*+,
-. !ay the charges of ro""ery and illegal possession of firearm "e filed directly "y the
investigating prosecutor with the appropriate court without a preliminary investigation( )/+,
I!.
2or over a year, 5enita had "een estranged from her hus"and 'alter "ecause of the latter$s
suspicion that she was having an affair with =ladimir, a "arangay 8agawad who lived in near"y
!andaluyong. 5enita lived in the meantime with her sister in !a8ati. 1ne day, the house of
5enita$s sister ine#plica"ly "urned almost to the ground. 5enita and her sister were caught
inside the house "ut 5enita survived as she fled in time, while her sister tried to save "elongings
and was caught inside when the house collapsed.
As she was running away from the "urning house, 5enita was surprised to see her hus"and
also running away from the scene. Dr. Carlos, 'alter$s psychiatrist who lived near the "urned
house and whom 'alter medically consulted after the fire, also saw 'alter in the vicinity some
minutes "efore the fire. Coincidentally, 2r. Platino, the parish priest who regularly hears 'alter$s
confession and who heard it after the fire, also encountered him not too far away from the
"urned house.
'alter was charged with arson and at his trial, the prosecution moved to introduce the
testimonies of 5enita, the doctor and the priest>confessor, who all saw 'alter at the vicinity of
the fire at a"out the time of the fire.
1. !ay the testimony of 5enita "e allowed over the o"@ection of 'alter( )*+,
-. !ay the testimony of Dr. Carlos, 'alter$s psychiatrist, "e allowed over 'alter$s
o"@ection( )*+,
*. !ay the testimony of 2r. Platino, the priest>confessor, "e allowed over 'alter$s
o"@ection( )*+,
!.
As a new lawyer, Attorney 5ovato limited his practice to small claims cases, legal counseling
and the notari7ation of documents. ;e put up a solo practice law office and was assisted "y his
wife who served as his secretaryDhelper. ;e used a ma8eshift hut in a vacant lot near the local
courts and a local transport regulatory agency. 'ith this practice and location, he did not have
"ig>time clients "ut en@oyed heavy patronage assisting wal8>in clients.
1. 'hat role can Attorney 5ovato play in small claims cases when lawyers are not allowed
to appear as counsel in these cases( )*+,
-. 'hat legal remedy, if any, may Attorney 5ovato pursue for a client who loses in a small
claims case and "efore which tri"unal or court may this "e pursued( )/+,
2013 Le"al Et#ics Exam Essay Questions
on October 27, 2013
I.
Atty. Bravo represents Carlos 5egar )an insurance agent for Dormir .nsurance Co., in a suit filed
"y insurance claimant Andy Iimot who also sued Dormir .nsurance. The insurance policy
re&uires the insuredDclaimant to give a written notice to the insurance company or its agent
within J4 days from the occurrence of the loss.
Iimot testified during the trial that he had mailed the notice of the loss to the insurance agent,
"ut admitted that he lost the registry receipt so that he did not have any documentary evidence
of the fact of mailing and of the timeliness of the mailed notice. Dormir .nsurance denied lia"ility,
contending that timely notice had not "een given either to the company or its agent. Atty.
Bravo$s client, agent 5egar, testified and confirmed that he never received any notice.
A few days after 5egar testified, he admitted to Atty. Bravo that he had lied when he denied
receipt of Iimot$s noticeB he did receive the notice "y mail "ut immediately shredded it to defeat
Iimot$s claim.
.f you were Atty. Bravo, what would you do in light of your client$s)Carlos 5egar$s, disclosure
that he per@ured himself when he testified( )3+,
II.
Atty. :erafin Roto is the Corporate :ecretary of a construction corporation that has secured a
multi>million infrastructure pro@ect from the government. .n the course of his duties as corporate
secretary, he learned from the company president that the corporation had resorted to "ri"ery to
secure the pro@ect and had falsified records to cut implementing costs after the award of the
pro@ect.
The government filed a civil action to annul the infrastructure contract and has su"poenaed Atty.
Roto to testify against the company president and the corporation regarding the "ri"ery. Atty.
Roto moved to &uash the su"poena, asserting that lawyer>client privilege prevents him from
testifying against the president and the corporation.
Resolve the motion to &uash. )3+,
III.
!iguel Cactar, a fourth year law student, drove his vehicle rec8lessly and hit the rear "umper of
:implicio !edroso$s vehicle. .nstead of stopping, Cactar accelerated and sped away. !edroso
pursued Cactar and caught up with him at an intersection.
.n their confrontation, Cactar dared !edroso to sue, "ragged a"out his connections with the
courts, and even uttered veiled threats against !edroso. During the police investigation that
followed, !edroso learned that Cactar was reviewing for the Bar e#aminations.
<nder these facts, list and @ustify the potential o"@ections that can "e made against Cactar$s
admission to the practice of law. )3+,
I.
Atty. Do"lar represents %va in a contract suit against 1lga. ;e is also defending !arla in a
su"stantially identical contract suit filed "y %mma. .n "ehalf of %va, Atty. Do"lar claims that the
statute of limitations runs from the time of the "reach of the contract. .n the action against !arla,
Atty. Do"lar now argues the reverse position ? i.e., that the statute of limitation does not run until
one year after discovery of the "reach.
Both cases are assigned to Cudge %lrey. Although not the sole issue in the two cases, the
statute of limitations issue is critical in "oth.
.s there an ethicalDprofessional responsi"ility pro"lem in this situation( .f a pro"lem e#ists, what
are its implications or potential conse&uences( )3+,
.
Atty. Repatriar, a law school classmate, approached you on your -th Class Reunion, with
&uestions on how he can resume the practice of law in the Philippines. ;e left the country in
1FEE after two )-, years of initial law practice, and migrated to the <nited :tates where he was
admitted to the practice of law in the :tate of 5ew 0or8. ;e as8s that you give him a formal legal
opinion on his &uery.
1utline "riefly the steps and the supporting legal reasons you would state in your legal opinion
on what Atty. Repatriar should do to resume his Philippine practice. )3+,
I.
An audit team from the 1ffice of the Court Administrator found that Cudge Contaminada
committed serious infractions through the indiscriminate grant of petitions for annulment of
marriage and legal separation. .n one year, the @udge granted *44 of such petitions when the
average num"er of petitions of similar nature granted "y an individual @udge in his region was
only -/ petitions per annum.
The audit revealed many different defects in the granted petitionsA many petitions had not "een
verifiedB the re&uired copies of some petitions were not furnished to the 1ffice of the :olicitor
9eneral and the 1ffice of the Provincial ProsecutorB doc8et fees had not "een fully paidB the
parties were not actual residents within the territorial @urisdiction of the courtB and, in some
cases, there was no record of the cross>e#aminations conducted "y the pu"lic prosecutor or any
documentary evidence mar8ed and formally offered. All these, viewed in their totality, supported
the improvident and indiscriminate grant that the 1CA found.
.f you were the counsel for Andy !alasuerte and other litigants whose marriages had "een
improperly and finally annulled, discuss your options in administratively proceeding against
Cudge Contaminada, and state where and how you would e#ercise these options. )3+,
II.
.n an action to prevent the condominium developer from "uilding "eyond ten )14, floors, Cudge
Cerdo rendered @udgment in favor of the defendant developer. The @udgment "ecame final after
the plaintiffs failed to appeal on time. Cudge Cerdo and Atty. Cocodrilo, counsel for the
developer, thereafter separately purchased a condominium unit each from the developer.
Did Cudge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law for which
they should "e held lia"le or sanctioned( )3+,
III.
The criminal case arising from the P14>Billion Peso por8 "arrel scandal was raffled to
:andigan"ayan Custice !arciano Co"arde. Afraid that he would antagoni7e the parties, his
political patrons and, ultimately, his @udicial career, he decided to inhi"it from participating in the
case, giving Gpersonal reasonsH as his @ustification.
.f you were to &uestion the inhi"ition of :B Custice Co"arde, on what legal "asis, and where and
how will you do this( )3+,
I!.
Atty. ;ermano re&uested his fraternity "rother, Cudge Patron, to introduce him to Cudge
Apestado, "efore whom he has a case that had "een pending for some time.
Cudge Patron, a close friend of Cudge Apestado, acceded to the re&uest, telling the latter that
Atty. ;ermano is his fraternity G"rodH and that Atty. ;ermano simply wanted to as8 for advice on
how to e#pedite the resolution of his case. They met, as arranged, in the fine dining restaurant
of a five>star hotel. Atty. ;ermano hosted the dinner.
Did Atty. ;ermano, Cudge Patron and Cudge Apestado commit any ethicalDadministrative
violation for which they can "e held lia"le( )3+,
!.
As a new lawyer, Attorney 5ovato started with a practice limited to small claims cases, legal
counseling, and notari7ation of documents. ;e put up a solo practice law office and was
assisted "y his wife who served as his secretaryDhelper. ;e used a ma8eshift hut in a vacant lot
near the local courts and a local transport regulatory agency. 'ith this strategic location, he
en@oyed heavy patronage assisting wal8>in clients in the preparation and filing of pleadings and
in the preparation and notari7ation of contracts and documents. ;e had the foresight of
investing in a good heavy duty copier machine that reproduces &uality documents, and charges
a reasona"le fee for this service. ;e draws electric power from an e#tension wire connected to
an ad@oining small restaurant. ;e put up a shingle that readsA GAtty. 5ovato, :pecialist in :mall
Claims, 2astest in 5otari7ationB the Best and Cheapest in Copier :ervices.H
.s Attorney 5ovato$s manner of carrying out his professional practice ? i.e., mi#ing "usiness with
the practice of law, announcing his activities via a shingle and locating his office as a"ove>
descri"ed ? in 8eeping with appropriate ethical and professional practice( )3+,
2013 $olitical Law Exam %&Qs
on October 21, 2013
KBelow are the !ultiple Choice 6uestions as8ed in the -41* Bar %#ams in Political Iaw.
1. '#e e(ual )rotection clause is *iolated by ++++++++++. ,1-.
)A, a law prohi"iting motorcycles from plying on limited access highways.
)B, a law granting =alue Added Ta# e#emption to electric cooperatives that sells electricity to the
Ghomeless poor.H
)C, a law providing that a policeman shall "e preventively suspended until the termination of a
criminal case against him.
)D, a law providing higher salaries to teachers in pu"lic schools who are Gforeign hires.H
)%, a law that grants rights to local 2ilipino wor8ers "ut denies the same rights to overseas
2ilipino wor8ers.
2. O//ended by t#e $resident0s remar1s t#at t#e 2ureau o/ &ustoms is a )it o/ mis/its and
t#e corru)t, t#e 2ureau o/ &ustoms Em)loyees 3ssociation com)osed o/ 3,000 wor1ers
see1s your le"al ad*ice on #ow best to )rotest w#at it *iews to be t#e $resident0s
baseless remar1s.
3 )rudent le"al ad*ice is t#at ++++++++++. ,1-.
)A, employees can go on mass leave of a"sence for one wee8
)B, employees can march and rally at !endiola every !onday
)C, employees can "arricade the gates of the Port of !anila at :outh ;ar"or and call for the
resignation of the incum"ent Commissioner of Customs
)D, employees can wear "lac8 arm "ands and pins with the word G<52A.RH inscri"ed
)%, 5one of the a"ove can legally "e done.
3. &on"ress enacted Re)ublic 3ct 4o. 1235 re(uirin" all candidates /or )ublic o//ices to
)ost an election bond e(ui*alent to t#e one ,1. year salary /or t#e )osition /or w#ic# t#ey
are candidates. '#e bond s#all be /or/eited i/ t#e candidates /ail to obtain at least 10- o/
t#e *otes cast.
Is Re)ublic 3ct 4o. 1235 *alid6 ,1-.
)A, .t is valid as the "ond is a means of ensuring fair, honest, peaceful and orderly elections.
)B, .t is valid as the "ond re&uirement ensures that only candidates with sufficient means and
who cannot "e corrupted, can runfor pu"lic office.
)C, .t is invalid as the re&uirement effectively imposes a property &ualification to run for pu"lic
office.
)D, .t is invalid as the amount of the surety "ond is e#cessive and unconsciona"le.
)%, .t is valid "ecause it is a reasona"le re&uirementB the Constitution itself e#pressly supports
the accounta"ility of pu"lic officers.
5. 7#at is t#e le"al e//ect o/ decisions o/ t#e International &ourt o/ 8ustice in cases
submitted to it /or resolution6 ,1-.
)A, The decision is "inding on other countries in similar situations.
)B, The decision is not "inding on any country, even the countries that are parties to the case.
)C, The decision is "inding only on the parties "ut only with respect to that particular case.
)D, The decision is not "inding on the parties and is only advisory.
)%, The "inding effect on the parties depends on their su"mission agreement.
9. :nder t#e :4 &on*ention on t#e Law o/ t#e ;ea, t#e exclusi*e economic <one re/ers to
an area. ,1-.
)A, that is at least 144 miles from the "aselines from which the outer limit of the territorial sea is
measured
)B, that is at least -44 miles "ut not to e#ceed *44 miles from the "aselines from which the
outer limit of the territorial sea is measured
)C, "eyond and ad@acent to a country$s territorial sea which cannot go "eyond -44 nautical
miles from the "aselines from which the outer limit of the territorial sea is measured
)D, that can go "eyond * nautical miles "ut cannot e#tend *44 nautical miles from the "aselines
from which the outer limit of the territorial sea is measured
)%, 5one of the a"ove.
=. 3 c#ild born under eit#er t#e 1>73 or t#e 1>?7 &onstitution, w#ose /at#er or mot#er is
a @ili)ino citi<en at t#e time o/ #is birt#, is ++++++++++. ,1-.
)A, not a 2ilipino citi7en as his father and mother must "oth "e 2ilipino citi7ens at the time of his
"irth
)B, not a 2ilipino citi7en if his mother is a 2ilipino citi7en "ut his father is not, at the time of his
"irth
)C, a 2ilipino citi7en no matter where he or she may "e "orn
)D, a 2ilipino citi7en provided the child is "orn in the Philippines
)%, a 2ilipino citi7en if he or she so elects upon reaching the age of -1
7. 7#o #as control o/ t#e ex)enditure o/ )ublic /unds6 ,1-.
)A, The 1ffice of the President through the Department of Budget and !anagement.
)B, The ;ouse of Representatives from where all appropriation "ills emanate.
)C, The :enate through its Committee on 2inance.
)D, The Congress of the Repu"lic of the Philippines.
)%, Both the mem"ers of Congress and the President acting @ointly, if so provided "y the
9eneral Appropriations Act.
?. %ay t#e )ower o/ cities to raise re*enues be limited by an executi*e order o/ t#e
$resident6 ,1-.
)A, 0es, "ecause local government units are under the administrative control of the President
through the Department of .nterior and Iocal 9overnment.
)B, 5o, "ecause local government units now en@oy full local fiscal autonomy.
)C, 5o, "ecause only limitations esta"lished "y Congress can define and limit the powers of
local governments.
)D, 0es, "ecause the President has the power and authority to impose reasona"le restrictions
on the power of cities to raise revenues.
)%, 0es, if so provided in a city$s charter.
>. '#e )ro*ision under t#e &onstitution At#at any member w#o too1 no )art, dissented, or
in#ibited /rom a decision or resolution must state t#e reason /or #is dissent or nonA
)artici)ation B a))lies ++++++++++. ,1-.
)A, only to the :upreme Court
)B, to "oth the :upreme Court and the Court of Appeals
)C, to the :upreme Court, Court of Appeals and the :andigan"ayan
)D, to the :upreme Court, the Court of Appeals, the :andigan"ayan and the Court of Ta#
Appeals
)%, to all collegial @udicial and &uasi>@udicial ad@udicatory "odies
10. &#oose t#e least accurate statement about t#e inde)endence "uaranteed by t#e 1>?7
&onstitution to t#e /ollowin" constitutional bodiesC ,1-.
)A, The Constitution guarantees the C1!%I%C decisional and institutional independence
similar to that granted to theCudiciary.
)B, All "odies la"eled as GindependentH "y the Constitution en@oyfiscal autonomy as an attri"ute
of their independence.
)C, 5ot all "odies la"eled as GindependentH "y the Constitution were intended to "e independent
from the %#ecutive "ranch of government.
)D, The Constitution guarantees various degrees of independence from the other "ranches of
government when it la"els "odies as GindependentH.
)%, The C1!%I%C, the C1A, and the C:C en@oy the same degree of independence.
11. 3t t#e ;enate im)eac#ment trial o/ 8ustice $ablo $. ;an Quintin, Don. Emilio 3. 'an,
&on"ressman and Im)eac#ment $anel %ana"er, wrote t#e ;u)reme &ourt re(uestin"
t#at t#e )rosecutors be allowed to examine t#ecourt records o/ ;tewards 3ssociation o/
t#e $#ili))ines, Inc. ,;3$E. *. @ili)inas 3ir, et al., F.R. 4o. >?7=95, a case t#at is still
)endin". '#e Di"# &ourt ++++++++++. ,1-.
)A, may grant the re&uest "y reason of inter>departmental courtesy
)B, may grant the re&uest as the records of the 2ilipinas Air case are pu"lic records
)C, should deny the re&uest since records of cases that are pending for decision are privileged
e#cept only for pleadings, orders and resolutions that are availa"le to the pu"lic
)D, should deny the re&uest "ecause it violates the Court$s independence and the doctrine of
separation of powers
)%, should grant the re&uest "ecause of the sui generis nature of the power of impeachment,
provided that the Bill of Rights is not violated
12. %r. ;inco sued t#e "o*ernment /or dama"es. 3/ter trial, t#e court ruled in #is /a*or
and awarded dama"es amountin" to $90 million a"ainst t#e "o*ernment. 'o satis/y t#e
Gud"ment a"ainst t#e "o*ernment, w#ic# *alid o)tion is a*ailable to %r. ;inco6 , 1-.
)A, 9arnish the government funds deposited at the Iand Ban8.
)B, 2ile a claim with the Commission on Audit )C1A, pursuant to Commonwealth Act *-E, as
amended "y Presidential Decree1//.
)C, !a8e representations with the Congress to appropriate the amount to satisfy the @udgment.
)D, 2ile a petition for mandamus in court to compel Congress to appropriate P4 million to
satisfy the @udgment.
)%, Proceed to e#ecute the @udgment as provided "y the Rules of Court "ecause the :tate
allowed itself to "e sued.
13. 7#ic# o/ t#e /ollowin" )ro*isions o/ t#e &onstitution does not con/er ri"#ts t#at can
be en/orced in t#e courts but only )ro*ides "uidelines /or le"islati*e or executi*e action6
,l-.
)A, The maintenance of peace and order, the protection of life, li"erty, and property, and
promotion of the general welfare are essential for the en@oyment "y all the people of the
"lessings of democracy.
)B, The :tate shall give priority to education, science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total human
li"eration and development.
)C, The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the 9overnment.
)D, The right of the people to information on matters. of pu"lic concern shall "e recogni7ed.
Access to official records, and to documents and papers pertaining to official acts, transactions,
or decisions, as well as to government research data used as "asis for policy development,
shall "e afforded the citi7en, su"@ect to such limitations as may "e provided "y law.
)%, All the a"ove only provide guidelines and are not self>e#ecuting.
15. '#e $resident entered into an executi*e a"reement wit# ietnam /or t#e su))ly to t#e
$#ili))ines o/ animal /eeds not to exceed 50,000 tons in any one year. '#e 3ssociation o/
3nimal @eed ;ellers o/ t#e $#ili))ines (uestioned t#e executi*e a"reement /or bein"
contrary to R.3. 5=2 w#ic# )ro#ibits t#e im)ortation o/ animal /eeds /rom 3sian
countries. Is t#e c#allen"e correct6 ,1-.
)A, 0es, the e#ecutive agreement is contrary to an e#isting domestic law.
)B, 5o, the President is solely in charge of foreign relations and all his actions in this role form
part of the law of the land.
)C, 5o, international agreements are sui generis and stand independently of our domestic laws.
)D, 0es, the e#ecutive agreement is actually a treaty which does not ta8e effect without
ratification "y the :enate.
)%, 0es, the challenge is correct "ecause there is no law empowering the President to
underta8e the importation.
19. '#e se)aration o/ &#urc# and ;tate is most clearly *iolated w#en ++++++++++. ,1-.
)A, the :tate funds a road pro@ect whose effect is to ma8e a church more accessi"le to its
adherents
)B, the :tate declares the "irthplace of a founder of a religious sect as a national historical site
)C, the :tate e#propriates church property in order to construct an e#pressway that, among
others, provides easy access to the Church$s main cathedral
)D, the :tate gives vehicles to "ishops to assist them in church>related charita"le pro@ects
)%, the :tate allows prayers in schools for minor children without securing the prior consent of
their parents
1=. $atricio was elected member o/ t#e Douse o/ Re)resentati*e in t#e %ay 2010
Elections. Dis o))onent 8ose (uestioned $atricio0s *ictory be/ore t#e Douse o/
Re)resentati*es Electoral 'ribunal and later wit# t#e ;u)reme &ourt.
In a decision )romul"ated in 4o*ember 2011, t#e &ourt ruled in 8ose0s /a*orH t#us,
$atricio was ousted /rom #is seat in &on"ress. 7it#in a year /rom t#at decision, t#e
$resident can a))oint $atricio ++++++++++. ,1-.
)A, only as a mem"er of the "oard of directors of any government owned and controlled
corporation
)B, only as a deputy 1m"udsman
)C, only as a Commissioner of the Civil :ervice Commission
)D, only as Chairman of the Commission on %lections
)%, to any position as no prohi"ition applies to Patricio
17. ;enator F;& )ro)osed a bill increasin" excise taxes on tobacco and alco#ol
)roducts. '#e "enerated incremental re*enues s#all be used /or t#e uni*ersal #ealt# care
)ro"ram /or all @ili)inos and /or tobacco /armers0 li*eli#ood. 3/ter t#e ;enate )assed t#e
bill on t#ird readin", it was transmitted to t#e Douse o/ Re)resentati*es w#ic# a))ro*ed
t#e bill in toto. '#e $resident e*entually si"ned it into law. 3tty. 8@& /iled a )etition be/ore
t#e ;u)reme &ourt, (uestionin" t#e constitutionality o/ t#e new law.
Is t#e law constitutional6 ,1-.
)A, The law is constitutional "ecause it is for a pu"lic purpose and has duly satisfied the three>
readings>on>separate>days rule in "oth ;ouses.
)B, The law is unconstitutional "ecause it violates the e&ual protection clause of the
ConstitutionB it is limited only to alcohol and li&uor products.
)C, .t is constitutional "ecause of the %nrolled Bill Theory.
)D, .t is constitutional "ecause it is valid in form and su"stance and complied with the re&uired
lawma8ing procedures.)%, 5one of the a"ove is correct.
1?. 7#ic# o/ t#e /ollowin" statements is correct6 ,1-.
)A, The President, with the concurrence of the !onetary Board, can guarantee a foreign loan on
"ehalf of the Repu"lic of the Philippines.
)B, Congress may, "y law, provide limitations on the President$s power to contract or guarantee
foreign loans on "ehalf of the Repu"lic of the Philippines.
)C, .n order to "e valid and effective, treaties and e#ecutive agreements must "e concurred in
"y at least two>thirds of all the !em"ers of the :enate.
)D, The President shall, at the end of every &uarter of the calendar year, su"mit to Congress a
complete report of the loans contracted or guaranteed "y the 9overnment or government>
owned and controlled corporations.
)%, All the a"ove choices are defective in some respects.
1>. &andida #as been administrati*ely c#ar"ed o/ immorality /or o)enly li*in" wit#
%anuel, a married man. &andida ar"ues t#at #er conGu"al arran"ement wit# %anuel /ully
con/orms wit# t#eir reli"ious belie/s and wit# t#e teac#in"s o/ t#eir c#urc#.
In resol*in" w#et#er &andida s#ould be administrati*ely )enali<ed, w#ic# is t#e best test
to a))ly6 ,1-.
)A, Clear and Present Danger Test
)B, Compelling :tate .nterest Test
)C, Balancing of interests Test
)D, Conscientious 1"@ector Test
)%, Dangerous Tendency Test
20. Ra/ael (uestioned t#e (uali/ications o/ &arlos as con"ressman o/ t#e '#ird Iistrict o/
%anila on t#e "round t#at &arlos is a citi<en o/ t#e :;3. '#e decision dis(uali/yin"
&arlos /or bein" a :; citi<en came only in %arc# 2010, i.e., a/ter t#e adGournment o/ t#e
session o/ &on"ress on t#e 3Jd year o/ t#e )osition0s t#reeAyear term.
7#at was &arlos0 status durin" #is incumbency as con"ressman6 ,1-.
)A, ;e was a de @ure officer, having "een duly elected and proclaimed.
)B, ;e was not a pu"lic officer "ecause he effectively was not entitled to "e a congressman.
)C, ;e was a de @ure officer since he completed the service of his term "efore he was
dis&ualified.
)D, ;e was a de facto officer since he had served and was only dis&ualified later.
)%, ;e neither possesses de @ure nor de facto status as such determination is pointless.
-41* Civil Iaw %#am !C6s
on October 21, 2013
[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor
Law !nswers are hi"hli"hted#
1. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-
blood brothers, Danny, d!ard and "loro, all #redeceased him. $he follo!in% are
the sur&i&in% relati&es'
1. Benny and Bonnie, le%itimate children of Bobby(
2. Cesar, le%itimate child of Conrad(
3. Dante, ille%itimate child of Danny(
). rnie, ado#ted child of d!ard( and
*. "eli+, %randson of "loro.
$he net &alue of Armand,s estate is -1,200,000.
1.a. Ho! much do Benny and Bonnie stand to inherit by ri%ht of re#resentation.
/101
$!% &200'000
$B% &300'000
$C% &(00'000
$)% &1*0'000
$E% +one o, the abo-e
1.b. Ho! much is Dante,s share in the net estate. /101
$!% &1*0'000
$B% &200'000
$C% &300'000
$)% &(00'000
$E% +one o, the abo-e
1.c. Ho! much is rnie,s share in the net estate . /101
$!% & 0
$B% &(00'000
$C% &1*0'000
$)% &200'000
$E% +one o, the abo-e
1.d. Ho! much is "eli+,s share in the net estate. /101
$!% &(00'000
$B% &1*0'000
$C% &300'000
$)% &0
$E% +one o, the abo-e
2. A, B, C and D are the solidary debtors of 2 for -)0,000. 2 released D from the
#ayment of his share of -3 0,000. 4hen the obli%ation became due and
demandable, C turned out to be insol&ent.
5hould the share of insol&ent debtor C be di&ided only bet!een the t!o other
remainin% debtors, A and B. /101
$!% .es /emission o, )0s share carries with it total extin"uishment o, his obli"ation to the
bene1t o, the solidar2 debtors
$B% .es 3he Ci-il Code reco"ni4es remission as a mode o, extin"uishin" an obli"ation 3his
clearl2 applies to )
$C% +o 3he rule is that "ratuitous acts should be restricti-el2 construed' allowin" onl2 the
least transmission o, ri"hts
$)% +o' as the release o, the share o, one debtor would then increase the burden o, the other
debtors without their consent
3. Amador obtained a loan of -300,000 from Basilio #ayable on 6arch2*, 2012. As
security for the #ayment of his loan, Amador constituted a mort%a%e on his
residential house and lot in Basilio,s fa&or. Cacho, a %ood friend of Amador,
%uaranteed and obli%ated himself to #ay Basilio, in case Amador fails to #ay his
loan at maturity.
3.a. 3f Amador fails to #ay Basilio his loan on 6arch 2*, 2012, can Basilio com#el
Cacho to #ay. /101
$!% +o' Basilio cannot compel Cacho to pa2 because as "uarantor' Cacho can in-oke the
principle o, excussion' ie' all the assets o, Basilio must 1rst be exhausted
$B% +o' Basilio cannot compel Cacho to pa2 because Basilio has not exhausted the a-ailable
remedies a"ainst !mador
$C% .es' Basilio can compel Cacho to pa2 because the nature o, Cacho0s undertakin"
indicates that he has bound himsel, solidaril2 with !mador
$)% .es' Basilio can compel Cacho who bound himsel, to unconditionall2 pa2 in case !mador
,ails to pa25 thus the bene1t o, excussion will not appl2
3.b. 3f Amador sells his residential house and lot to Die%o, can Basilio foreclose
the real estate mort%a%e. /101
$!% .es' Basilio can ,oreclose the real estate mort"a"e because real estate mort"a"e creates
a real ri"ht that attaches to the propert2
$B% .es' Basilio can ,oreclose the real estate mort"a"e 6t is bindin" upon )ie"o as the
mort"a"e is embodied in a public instrument
$C% +o' Basilio cannot ,oreclose the real estate mort"a"e 3he sale con,ers ownership on the
bu2er' )ie"o' who must there,ore consent
$)% +o' Basilio cannot ,oreclose the real estate mort"a"e 3o depri-e the new owner o,
ownership and possession is un7ustand ine8uitable
). Cru7 lent 8ose his car until 8ose 9nished his Bar e+ams. 5oon after Cru7
deli&ered the car, 8ose brou%ht it to 6itsubishi Cubao for maintenance chec: u#
and incurred costs of -;,000. 5eein% the car,s #eelin% and faded #aint, 8ose also
had the car re#ainted for -10,000. Ans!er the t!o <uestions belo! based on
these common facts.
).a. After the bar e+ams, Cru7 as:ed for the return of his car. 8ose said he !ould
return it as soon as Cru7 has reimbursed him for the car maintenance and
re#aintin% costs of - 1;,000.
3s 8ose,s refusal =usti9ed. /101
$!% +o' 9ose0s re,usal is not 7usti1ed 6n this kind o, contract' 9ose is obli"ed to pa2 ,or all the
expenses incurred ,or the preser-ation o, the thin" loaned
$B% .es' 9ose0s re,usal is 7usti1ed :e is obli"ed to pa2 ,orall the ordinar2 and extraordinar2
expenses' but sub7ect to reimbursement ,rom Cru4
$C% .es' 9ose0s re,usal is 7usti1ed 3he principle o, un7ust enrichment warrants the
reimbursement o, 9ose0s expenses
$)% +o' 9ose0s re,usal is not 7usti1ed 3he expenses he incurred are use,ul ,or the
preser-ation o, the thin" loaned 6t is 9ose0s obli"ation to shoulder these use,ul expenses
).b. Durin% the bar e+am month, 8ose lent the car to his %irlfriend, 8olie, !ho
#ar:ed the car at the 6all of Asia,s o#en #ar:in% lot, !ith the i%nition :ey inside
the car. Car thie&es bro:e into and too: the car.
3s 8ose liable to Cru7 for the loss of the car due to 8olie,s ne%li%ence. /101
$!% +o' 9ose is not liable to Cru4 as the loss was not due to his ,ault or ne"li"ence
$B% +o' 9ose is not liable to Cru4 6n the absence o, an2 prohibition' 9ose could lend the car to
9olie ;ince the loss was due to ,orce ma7eure' neither 9ose nor 9olie is liable
$C% .es' 9ose is liable to Cru4 ;ince 9ose lent the car to 9olie without Cru40s consent' 9ose
must bear the conse8uent loss o, the car
$)% .es' 9ose is liable to Cru4 3he contract between them is personal in nature 9ose can
neither lend nor lease the car to a third person
*. 3n 200*, >, 6, ?, 0 and - formed a #artnershi#. >, 6 and ? !ere ca#italist
#artners !ho contributed -*00,000 each, !hile 0, a limited #artner,
contributed -1 ,000,000. - =oined as an industrial #artner, contributin% only his
ser&ices. $he Articles of -artnershi#, re%istered !ith the 5ecurities and +chan%e
Commission, desi%nated > and 0 as mana%in% #artners( > !as liable only to the
e+tent of his ca#ital contribution( and - !as not liable for losses.
3n 200@, the #artnershi# earned a net #ro9t of -;00,000. 3n the same year, -
en%a%ed in a diAerent business !ith the consent of all the #artners. Ho!e&er, in
200B, the #artnershi# incurred a net loss of -*00,000. 3n 200;,the #artners
dissol&ed the #artnershi#. $he #roceeds of the sale of #artnershi# assets !ere
insuCcient to settle its obli%ation. After li<uidation, the #artnershi# had an
un#aid liability of-300,000.
*.a. Assumin% that the =ust and e<uitable share of the industrial #artner, -, in the
#ro9t in 200@ amounted to -1 00,000, ho! much is the share of 0, a limited
#artner, in the -;00,000 net #ro9t. /101
$!% &1<0'000
$B% &1=*'000
$C% &2>0'000
$)% &200'000
$E% +one o, the abo-e
*.b. 3n 200B, ho! much is the share of 0, a limited #artner, in the net loss
of -*00,000. /101
$!% & 0
$B% &1 00'000
$C% &12*'000
$)% &200'000
$E% +one o, the abo-e
*.c. Can the #artnershi# creditors hold >, 0 and -liable after all the assets of the
#artnershi# are e+hausted. /101
$!% .es 3he stipulation exemptin" & ,rom losses is -alid onl2 amon" the partners L is liable
because the a"reement limitin" his liabilit2 to his capital contribution is not -alid inso,ar as
the creditors are concerned :a-in" taken part in the mana"ement o, the partnership' 0 is
liable as capitalist partner
$B% +o & is not liable because there is a -alid stipulation exemptin" him ,rom losses ;ince
the other partners allowed him to en"a"e in an outside business acti-it2' the stipulation
absol-in" & ,rom liabilit2 is -alid ?or 0' it is basic that a limited partner is liable onl2 up to
the extent o, his capital contribution
$C% .es 3he stipulations exemptin" & and L ,rom losses are not bindin" upon the creditors 0
is likewise liable because the partnership was not ,ormed in accordance with the
re8uirements o, a limited partnership
$)% +o 3he Ci-il Code allows the partners to stipulate that a partner shall not be liable ,or
losses 3he re"istration o, the !rticles o, &artnership embod2in" such stipulations ser-es as
constructi-e notice to the partnership creditors$E% +one o, the abo-e is completel2
accurate
@. Dary is a tobacco trader and also a lendin% in&estor. He sold tobacco lea&es to
Homer for deli&ery !ithin a month, althou%h the #eriod for deli&ery !as not
%uaranteed. Des#ite Dary,s eAorts to deli&er on time, trans#ortation #roblems
and %o&ernment red ta#e hindered his eAorts and he could only deli&er after 30
days. Homer refused to acce#t the late deli&ery and to #ay on the %round that the
a%reed term had not been com#lied !ith.
As lendin% in&estor, Dary %ranted a -l,000,000 loan to 3saac to be #aid !ithin t!o
years from e+ecution of the contract. As security for the loan, 3saac #romised to
deli&er to Dary his $oyota 3nno&a !ithin se&en /B1 days, but 3saac failed to do so.
Dary !as thus com#elled to demand #ayment for the loan before the end of the
a%reed t!o-year term.
@.a. 4as Homer =usti9ed in refusin% to acce#t the tobacco lea&es. /101
$!% .es :omer was 7usti1ed in re,usin" to accept the tobacco lea-es 3he deli-er2 was to be
made within a month @ar20s promise o, deli-er2 on a Abest eBortC basis made the deli-er2
uncertain 3he term' there,ore' was ambi"uous
$B% +o :omer was not 7usti1ed in re,usin" to accept the tobacco lea-es :e consented to
the terms and conditions o, the sale and must abide b2 it Dbli"ations arisin" ,rom contract
ha-e the ,orce o, law between the contractin" parties
$C% .es :omer was 7usti1ed in his re,usal to accept the deli-er2 3he contract contemplates
an obli"ation with a term ;ince the deli-er2 was made a,ter 30 da2s' contrar2 to the terms
a"reed upon' @ar2 could not insist that :omer accept the tobacco lea-es
$)% +o :omer was not 7usti1ed in re,usin" to accept the tobacco lea-es 3here was no term
in the contract but a mixed condition 3he ,ul1llment o, the condition did not depend purel2
on @ar20s will but on other ,actors' e"' the shippin" compan2 and the "o-ernment :omer
should compl2 with his obli"ation
@.b. Can Dary com#el 3saac to #ay his loan e&en before the end of the t!o-year
#eriod. /101
$!% .es' @ar2 can compel 6saac to immediatel2 pa2 the loan +onEcompliance with the
promised "uarant2 or securit2 renders the obli"ation immediatel2 demandable 6saac lost his
ri"ht to make use o, the period
$B% .es' @ar2 can compel 6saac to immediatel2 pa2 the loan 3he deli-er2 o, the 3o2ota
6nno-a is a condition ,or the loan 6saac0s ,ailure to deli-er the car -iolated the condition
upon which the loan was "ranted 6t is but ,air ,or @ar2 to demand immediate pa2ment
$C% +o' @ar2 cannot compel 6saac to immediatel2 pa2 the loan 3he deli-er2 o, the car as
securit2 ,or the loan is an accessor2 contract5 the principal contract is still the & 1'000'000
loan 3hus' 6saac can still make use o, the period
$)% +o' @ar2 cannot compel 6saac to immediatel2 pa2 the loan E8uit2 dictates that @ar2
should ha-e "ranted a reasonable extension o, time ,or 6saac to deli-er his 3o2ota 6nno-a 6t
would be un,air and burdensome ,or 6saac to pa2 the &1'000'000 simpl2 because the
promised securit2 was not deli-ered
B. >ito !as a commercial #ilot !ho Ee! for -aci9c-6icronesian Air. 3n 1FF;, he
!as the co-#ilot of the airline,s "li%ht 6AF1@ that mysteriously disa##eared t!o
hours after ta:e-oA from A%ana, Duam, #resumably o&er the -aci9c Ocean. ?o
trace of the #lane and its 10* #assen%ers and cre! !as e&er found des#ite
dili%ent search( >ito himself !as ne&er heard of a%ain. >ito left behind his !ife,
>ita, and their t!o children.
3n 200;, >ita met and and married 8aime. $hey no! ha&e a child of their o!n.
4hile on a tour !ith her former hi%h school classmates in a remote #ro&ince of
China in 2010, >ita !as sur#rised to see >ito or somebody !ho loo:ed e+actly li:e
him, but she !as sure it !as >ito because of the e+treme sur#rise that re%istered
in his face !hen he also sa! her. 5hoc:ed, she immediately Eed to her hotel and
#ost haste returned to the country the ne+t day. >ita no! comes to you for le%al
ad&ice. 5he as:s you the follo!in% <uestions'
B.a. 3f >ito is ali&e, !hat is the status of his marria%e to >ita. /101
$!% 3he marria"e subsists because the marital bond has not been terminated b2 death
$B% 3he marria"e was terminated when Lita married 9aime
$C% 3he marria"e subsists because Lita0s marria"e to 9aime is -oid
$)% 3he marria"e is terminated because Lito is presumed dead a,ter his plane has been
missin" ,or more than ( 2ears
$E% 3he marria"e can be ,ormall2 declared terminated i, Lito would not resur,ace
B.b. 3f >ito is ali&e, !hat is the status of >ita,s marria%e to 8aime. /101
$!% 3he marria"e is -alid because Lita0s marria"e to Lito was terminated upon Lito0s
disappearance ,or more than se-en 2ears
$B% 3he marria"e is -alid !,ter an absence o, more than 10 2ears' Lito is alread2 presumed
dead ,or all purposes
$C% 3he marria"e is -oid Lito0s mere absence' howe-er len"th2' is insuFcient to authori4e
Lita to contract a subse8uent marria"e
$)% 3he marria"e is -oid 6, Lito is indeed ali-e' his marria"e to Lita was ne-er dissol-ed and
the2 can resume their marital relations at an2 time
;. 4hich of the follo!in% actions or defenses are meritorious' /101
$!% !n action ,or reco-er2 o, downpa2ment paid under a rescinded oral sale o, real propert2
$B% ! de,ense in an action ,or e7ectment that the lessor -erball2 promised to extend or renew
the lease
$C% !n action ,or pa2ment o, sum o, mone2 1led a"ainst one who orall2 promised to answer
another0s debt in case the latter de,aults
$)% ! de,ense in an action ,or dama"es that the debtor has suFcient' but unli8uidated
assets to satis,2 the credit ac8uired when it becomes due
$E% +one o, the abo-e
F. Betty entrusted to her a%ent, Aida, se&eral #ieces of =e!elry to be sold on
commission !ith the e+#ress obli%ation to turn o&er to Betty the #roceeds of the
sale, or to return the =e!elries if not sold in a month,s time. 3nstead of sellin% the
=e!elries, Aida #a!ned them !ith the $ambuntin% -a!nsho#, and used the money
for herself. Aida failed to redeem the #a!ned =e!elries and after a month, Betty
disco&ered !hat Aida had done. Betty brou%ht criminal char%es !hich resulted in
Aida,s con&iction for estafa.
Betty thereafter 9led an action a%ainst $ambuntin% -a!nsho# for the reco&ery of
the =e!elries. $ambuntin% raised the defense of o!nershi#, additionally ar%uin%
that it is duly licensed to en%a%e in the #a!nsho# and lendin% business, and that
it acce#ted the mort%a%e of the =e!elry in %ood faith and in the re%ular course of
its business.
3f you !ere the =ud%e, ho! !ill you decide the case. /101
$!% 6 will rule in ,a-or o, Bett2 M2 rulin" is based on the Ci-il Code pro-ision that one who
has lost an2 mo-able or has been unlaw,ull2 depri-ed thereo, ma2 reco-er it ,rom the
person in possession o, the same 3am buntin"0s claim o, "ood ,aith is inconse8uential
$B% 6 will rule in ,a-or o, Bett2 3ambuntin"0s claim o, "ood ,aith pales into insi"ni1cance in
li"ht o, the unlaw,ul depri-ation o, the 7ewelries :owe-er' e8uit2 dictates that 3ambuntin"
must be reimbursed ,or the pawn -alue o, the 7ewelries
$C% 6 will rule in ,a-or o, 3ambuntin" 6ts "ood ,aith takes precedence o-er the ri"ht o, Bett2
to reco-er the 7ewelries
$)% 6 will rule in ,a-or o, 3ambuntin" @ood ,aith is alwa2s presumed 3ambuntin"0s law,ul
ac8uisition in the ordinar2 course o, business coupled with "ood ,aith "i-es it le"al ri"ht o-er
the 7ewelries
10. Arlene o!ns a ro! of a#artment houses in Gamunin%, Hue7on City. 5he a%reed
to lease A#artment ?o. 1 to 8anet for a #eriod of 1; months at the rate of -10,000
#er month. $he lease !as not co&ered by any contract. 8anet #rom#tly %a&e
Arlene t!o /21 months de#osit and 1; chec:s co&erin% the rental #ayment for 1;
months. $his sho! of %ood faith #rom#ted Arlene to #romise 8anet that should
Arlene decide to sell the #ro#erty, she !ould %i&e 8anet the ri%ht of 9rst refusal.
10.a. ?ot lon% after 8anet mo&ed in, she recei&ed ne!s that her a##lication for a
6aster of >a!s scholarshi# at Gin%,s Colle%e in >ondon had been a##ro&ed. 5ince
her acce#tance of the scholarshi# entailed a transfer of residence, 8anet as:ed
Arlene to return the ad&ance rental #ayments she made. Arlene refused,
#rom#tin% 8anet to 9le an action to reco&er the #ayments. Arlene 9led a motion to
dismiss, claimin% that the lease on !hich the action is based, is unenforceable.
3f you !ere the =ud%e, !ould you %rant Arlene,s motion. /101
$!% .es' 6 will "rant the motion because the lease contract between !rlene and 9anet was not
in writin"' hence' 9anet ma2 not en,orce an2 ri"ht arisin" ,rom the same contract
$B% +o' 6 will not "rant the motion because to allow !rlene to retain the ad-ance pa2ments
would amount to un7ust enrichment
$C% .es' 6 will "rant the motion because the action ,or reco-er2 is premature5 9anet should
1rst secure a 7udicial rescission o, the contract o, lease
$)% +o 6 will not "rant the motion because the cause o, action does not seek to en,orce an2
ri"ht under the contract o, lease
10.b. Assume that 8anet decided not to acce#t the scholarshi# and continued
leasin% A#artment ?o. 1. 6id!ay throu%h the lease #eriod, Arlene decided to sell
A#artment ?o. 1 to 8un in breach of her #romise to 8anet to %rant her the ri%ht of
9rst refusal. $hus, 8anet 9led an action see:in% the reco%nition of her ri%ht of 9rst
refusal, the #ayment of dama%es for the &iolation of this ri%ht, and the rescission
of the sale bet!een Arlene and 8un.
3s 8anet,s action meritorious. /101
$!% .es' under the Ci-il Code' a promise to bu2 and sell a determinate thin" is reciprocall2
demandable
$B% +o' the promise to bu2 and sell a determinate thin" was not supported b2 a
consideration
$C% .es' 9anet0s ri"ht o, 1rst re,usal was clearl2 -iolated when the propert2 was not oBered
,or sale to her be,ore it was sold to 9un
$)% +o' a ri"ht o, 1rst re,usal in-ol-es an interest o-er real propert2 that must be embodied
in a written contract to be en,orceable
$E% +one o, the abo-e
2013 Labor Law Exam MCQs
on October 21, 2013
[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor
Law !nswers are hi"hli"hted#
1. $he #arties to a labor dis#ute can &alidly submit to &oluntary arbitration
IIIIIIIII. /101
$!% an2 disputed issue the2 ma2 a"ree to -oluntaril2 arbitrate
$B% onl2 matters that do not ,all within the exclusi-e 7urisdiction o, the Labor !rbiter
$C% an2 disputed issue but onl2 a,ter conciliation at the +ational Conciliation and Mediation
Board ,ails
$)% an2 disputed issue pro-ided that the Labor !rbiter has not assumed 7urisdiction o-er the
case on compulsor2 arbitration
$E% onl2 matters relatin" to the interpretation or implementation o, a collecti-e bar"ainin"
a"reement
2. 4hen there is no reco%ni7ed collecti&e bar%ainin% a%ent, can a le%itimate labor
or%ani7ation &alidly declare a stri:e a%ainst the em#loyer. /101
$!% .es' because the ri"ht to strike is "uaranteed b2 the Constitution and cannot be denied
to an2 "roup o, emplo2ees
$B% +o' because onl2 an exclusi-e bar"ainin" a"ent ma2 declare a strike a"ainst the
emplo2er
$C% .es' because the ri"ht to strike is a basic human ri"ht that the countr20s international
a"reements and the 6nternational Labor Dr"ani4ation reco"ni4e
$)% .es' but onl2 in case o, un,air labor practice
$E% +o' in the absence o, a reco"ni4ed bar"ainin" a"ent' the workers0 recourse is to 1le a
case be,ore the )epartment o, Labor and Emplo2ment
3. 6r. Del Carmen, unsure if his foray into business /messen%erial ser&ice caterin%
#urely to la! 9rms1 !ould succeed but intendin% to %o lon%-term if he hurdles the
9rst y
2013 3axation Law Exam MCQs
on October 21, 2013
[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor Law
1. ABC Cor#. !as dissol&ed and li<uidatin% di&idends !ere declared and #aid to
the stoc:holders.
4hat ta+ conse<uence follo!s. /101
$!% !BC Corp should deduct a 1nal tax o, 10G ,rom the di-idends
$B% 3he stockholders should declare their "ain ,rom their in-estment and pa2 income tax at
the ordinar2 rates
$C% 3he di-idends are exempt ,rom tax
$)% !BC Corp should withhold a 10G creditable tax
2. 6DC Cor#. secured an income ta+ holiday for * years as a #ioneer industry. On
the fourth year of the ta+ holiday, 6DC Cor#. declared and #aid cash di&idends to
its stoc:holders, all of !hom are indi&iduals.
Are the di&idends ta+able. /101
$!% 3he di-idends are taxable5 the tax exemption o, M@C Corp does not extend to its
stockholders
$B% 3he di-idends are tax exempt because o, M@C Corp0s income tax holida2
$C% 3he di-idends are taxable i, the2 exceed *0G o, M@C Corp0s retained earnin"s
$)% 3he di-idends are exempt i, paid be,ore the end o, M@C Corp0s 1scal 2ear
3. 6r. Alas sells shoes in 6a:ati throu%h a retail store. He #ays the JA$ on his
%ross sales to the B3K and the munici#al license ta+ based on the same %ross
sales to the City of 6a:ati. He comes to you for ad&ice because he thin:s he is
bein% sub=ected to double ta+ation.
4hat ad&ice !ill you %i&e him. /101
$!% .es' there is double taxation and it is oppressi-e
$B% 3he Cit2 o, Makati does not ha-e this power
$C% .es' there is double taxation and this is ille"al m the &hilippines
$)% )ouble taxation is allowed where one tax is imposed b2 the national "o-ernment and the
other b2 the local "o-ernment
). Con%ress #assed a sin ta+ la! that increased the ta+ rates on ci%arettes by
1,0000. $he la! !as thou%ht to be suCcient to dri&e many ci%arette com#anies
out of business, and !as <uestioned in court by a ci%arette com#any that !ould
%o out of business because it !ould not be able to #ay the increased ta+.
$he ci%arette com#any is IIIIIIIIII /101
$!% wron" because taxes are the li,eblood o, the "o-ernment
$B% wron" because the law reco"ni4es that the power to tax is the power to destro2
$C% correct because no "o-ernment can depri-e a person o, his li-elihood
$)% correct because Con"ress' in this case' exceeded its power to tax
*. 6r. Al&are7 is in the retail business. He recei&ed a de9ciency ta+ assessment
from the B3K containin% only the com#utation of the de9ciency ta+ and the
#enalties, !ithout any e+#lanation of the factual and le%al bases for the
assessment.
3s the assessment &alid. /101
$!% 3he assessment is -alid5 all that Mr !l-are4 has to know is the amount o, the tax
$B% 3he assessment is in-alid5 the law re8uires a statement o, the ,acts and the law upon
which the assessment is based
$C% 3he assessment is -alid but Mr !l-are4 can still contest it
$)% 3he assessment is in-alid because Mr !l-are4 has no wa2 to determine i, the
computation is erroneous
@. 3n 2010, 6r. -laton sent his sister Helen L1 ,000 &ia a tele%ra#hic transfer
throu%h the Ban: of -3. $he ban:,s remittance cler: made a mista:e and credited
Helen !ith L1,000,000 !hich she #rom#tly !ithdre!. $he ban: demanded the
return of the mista:enly credited e+cess, but Helen refused. $he B3K entered the
#icture and in&esti%ated Helen.
4ould the B3K be correct if it determines that Helen earned ta+able income under
these facts. /101
$!% +o' she had no income because she had no ri"ht to the mistakenl2 credited ,unds
$B% .es' income is income re"ardless o, the source
$C% +o' it was not her ,ault that the ,unds in excess o, H1'000 were credited to her
$)% +o' the ,unds in excess o,H1'000 were in eBect donated to her
B. $he munici#ality of 5an 3sidro #assed an ordinance im#osin% a ta+ on
installation mana%ers. At that time, there !as only one installation mana%er in
the munici#ality( thus, only he !ould be liable for the ta+.
3s the la! constitutional. /101
$!% 6t is unconstitutional because it clearl2 discriminates a"ainst this person
$B% 6t is unconstitutional ,or lack o, le"al basis
$C% 6t is constitutional as it applies to all persons in that class
$)% 6t is constitutional because the power to tax is the power to destro2
;. 2MN Cor#oration manufactures %lass #anels and is almost at the #oint of
insol&ency. 3t has no more cash and all it has are unsold %lass #anels. 3t recei&ed
an assessment from the B3K for de9ciency income ta+es. 3t !ants to #ay but due
to lac: of cash, it see:s #ermission to #ay in :ind !ith %lass #anels.
5hould the B3K %rant the re<uested #ermission. /101
$!% 6t should "rant permission to make pa2ment con-enient to taxpa2ers
$B% 6t should not "rant permission because a tax is "enerall2 a pecuniar2 burden
$C% 6t should "rant permission5 otherwise' I.J Corporation would not be able to pa2
$)% 6t should not "rant permission because the "o-ernment does not ha-e the stora"e
,acilities ,or "lass panels
F. -rior to the JA$ la!, sales of cars !ere sub=ect to a sales ta+ but the ta+
a##lied only to the ori%inal or the 9rst sale( the second and subse<uent sales
!ere not sub=ect to ta+.
Deltoid 6otors, 3nc. /Deltoid1 hit on the idea of settin% u# a !holly-o!ned
subsidiary, Donmad 6otors, 3nc. /Donmad1, and of sellin% its assembled cars to
Donmad at a lo! #rice so it !ould #ay a lo!er ta+ on the 9rst sale. Donmad !ould
then sell the cars to the #ublic at a hi%her #rice !ithout #ayin% any sales ta+ on
this subse<uent sale.
Characteri7e the arran%ement. /101
! 3he plan is a le"itimate exercise o, tax plannin" and merel2 takes ad-anta"e o, a
loophole in the law
B 3he plan is le"al because the "o-ernment collects taxes an2wa2
C 3he plan is improper5 the -eil o, corporate 1ction can be pierced so that the second sale
will be considered the taxable sale
) 3he "o-ernment must respect @onmad0s separate 7uridical personalit2 and )eltoid0s
taxable sale to it
10. -K$ Cor#. #urchased a residential house and lot !ith a s!immin% #ool in an
u#scale subdi&ision and re<uired the com#any #resident to stay there !ithout
#ayin% rent( it reasoned out that the com#any #resident must maintain a certain
ima%e and be able to entertain %uests at the house to #romote the com#any,s
business. $he com#any #resident declared that because they are childless, he and
his !ife could &ery !ell li&e in a smaller house.
4as there a ta+able frin%e bene9t. /101
$!% 3here was no taxable ,rin"e bene1t since it was ,or the con-enience o, the emplo2er and
was necessar2 ,or its business
$B% 3here was a taxable ,rin"e bene1t since the sta2 at the house was ,or ,ree
$C% 3here was a taxable ,rin"e bene1t because the house was -er2 luxurious
$)% 3here was no taxable ,rin"e bene1t because the compan2 president was onl2 re8uired to
sta2 there and did not demand ,ree housin"
11. $a+#ayer A !as re<uired by the B3K to si%n and submit a !ai&er of the statute
of limitations on the assessment #eriod, to %i&e the B3K more time to com#lete its
in&esti%ation. $he B3K acce#ted the !ai&er but failed to indicate the date of its
acce#tance.
4hat is the le%al status of the !ai&er. /101
$!% 3he wai-er is -alid because the date o, acceptance is immaterial and unimportant
$B% 3he wai-er is in-alid5 the taxpa2er cannot be re8uired to wai-e the statute o, limitations
$C% 3he wai-er is in-alid5 the date o, acceptance is crucial in countin" the start o, the period
o, suspension o, the prescripti-e period
$)% 3he wai-er is -alid' ha-in" been accepted b2 the B6/
12. $a+#ayer Andy recei&ed on 8anuary 3, 2010 a #reliminary assessment notice
/-A?1 from the B3K, statin% that he had 9fteen /1*1 days from its recei#t to
comment or to 9le a #rotest. i%ht /;1 days later /or on 8anuary11, 20101, before
he could comment or 9le a #rotest, Andy recei&ed the 9nal assessment notice
/"A?1.
Decide on the &alidity of the "A?. /101
$!% 3he ?!+ is in-alid5 !nd2 was not "i-en the chance to respond to the &!+' in -iolation o,
his due process ri"hts
$B% 3he ?!+ is in-alid ,or bein" premature
$C% 3he ?!+ is -alid since it was issued be,ore the ri"ht to assess prescribed
$)% 3he ?!+ is -alid 3here is no le"al re8uirement that the ?!+ should await the protest to
the &!+ because protest to the &!+ is not mandator2
13. 653 Cor#. im#orts oran%e and lemon concentrates as ra! materials for the
fruit drin:s it sells locally. $he Bureau of Customs /BOC1 im#osed a 10 duty rate
on the concentrates. 5ubse<uently, the BOC chan%ed its #osition and held that
the concentrates should be ta+ed at B0 duty rate. 653 disa%reed !ith the rulin%
and <uestioned it in the C$A !hich u#held 653,s #osition. $he Commissioner of
Customs a##ealed to the C$A en bane !ithout 9lin% a motion for reconsideration.
Kesol&e the a##eal. /101
$!% 3he appeal should be dismissed because a motion ,or reconsideration is mandator2
$B% 3he appeal should be dismissed ,or ha-in" been 1led out o, time
$C% 3he appeal should be "i-en due course since a motion ,or reconsideration is a useless
exercise
$)% 3he appeal should be upheld to be ,air to the "o-ernment which needs taxes
1). $he s#ouses 8un and l&ira 5ando&al #urchased a #iece of land for -*,000,000
and included their t!o /21 minor children as co-#urchasers in the Deed of
Absolute 5ale. $he Commissioner of 3nternal Ke&enue /C3K1 ruled that there !as
an im#lied donation and assessed donors, ta+es a%ainst the s#ouses.
Kule on the C3K,s action. /101
$!% 3he C6/ is wron"5 a donation must be express
$B% 3he C6/ is wron"5 1nancial capacit2 is not a re8uirement ,or a -alid sale
$C% 3he C6/ is correct5 the amount in-ol-ed is hu"e and ultimatel2 ends up with the children
$)% 3he C6/ is correct5 there was animus donandi since the children had no 1nancial capacit2
to be coEpurchasers
1*. -heleco is a #o!er %eneration and distribution com#any o#eratin% mainly
from the City of $a%ui%. 3t o!ns electric #oles !hich it also rents out to other
com#anies that use #oles such as tele#hone and cable com#anies. $a%ui% #assed
an ordinance im#osin% a fee e<ui&alent to 10 of the annual rental for these #oles.
-heleco <uestioned Othe le%ality of the ordinance on the %round that it im#oses
an income ta+ !hich local %o&ernment units />DPs1 are #rohibited from im#osin%.
Kule on the &alidity of the ordinance. /101
$!% 3he ordinance is -oid5 the ,ee is based on rental income and is there,ore a tax on
income
$B% 3he ordinance is -alid as a le"itimate exercise o, police power to re"ulate electric poles
$C% 3he ordinance is -oid5 1G o, annual rental is excessi-e and oppressi-e
$)% 3he ordinance is -alid5 an L@K ma2 impose a tax on income
1@. Aleta sued Boboy for breach of #romise to marry. Boboy lost the case and duly
#aid the court,s a!ard that included, amon% others, -l00,000 as moral dama%es
for the mental an%uish Aleta suAered.
Did Aleta earn a ta+able income. /101
$!% ;he had a taxable income o, &100'000 since income is income ,rom whate-er source
$B% ;he had no taxable income because it was a donation
$C% ;he had taxable income since she made a pro1t
$)% ;he had no taxable income since moral dama"es are compensator2
1B. 6r. 6ayu%a donated his residential house and lot to his son and duly #aid the
donor,s ta+. 3n the Deed of Donation, 6r. 6ayu%a e+#ressly reser&ed for himself
the usufruct o&er the #ro#erty for as lon% as he li&ed.
Describe the donated #ro#erty from the ta+ation #ers#ecti&e. /101
$!% 3he propert2 will ,orm part o, Mr Ma2u"a0s "ross estate when he dies
$B% 3he propert2 will not ,om1 part o, Mr Ma2u"a0s "ross estate when he dies because he
paid the donor0s tax
$C% 3he propert2 will ,orm part o, Mr Ma2u"a0s "ross estate because he died soon a,ter the
donation
$)% 3he propert2 will not ,orm part o, Mr Ma2u"a0s "ross estate because it is no lon"er his
1;. 6r. N made an im#ortation !hich he declared at the Bureau of Customs /BOC1
as QPsed $ruc: Ke#lacement -artsR. P#on in&esti%ation, the container &ans
contained 1* units of -orsche and "errari cars.
Characteri7e 6r. N,s action. /101
$!% Mr J committed smu""lin"
$B% Mr J did not commit smu""lin" because he submitted his shipment to BDC examination
$C% Mr J onl2 made a misdeclaration' but did not commit smu""lin"
$)% Mr J did not commit smu""lin" because the shipment has not le,t the customs area
1F. 6r. A !as #re#arin% his income ta+ return and had some doubt on !hether a
commission he earned should be declared for the current year or for the
succeedin% year. He sou%ht the o#inion of his la!yer !ho ad&ised him to re#ort
the commission in the succeedin% year. He heeded his la!yer,s ad&ice and
re#orted the commission in the succeedin% year. $he la!yer,s ad&ice turned out
to be !ron%( in 6r. A,s #etition a%ainst the B3K assessment, the court ruled
a%ainst 6r. A.
3s 6r. A %uilty of fraud. /101
$!% Mr ! is not "uilt2 o, ,raud as he simpl2 ,ollowed the ad-ice o, his law2er
$B% Mr ! is "uilt2 o, ,raud5 he deliberatel2 did not report the commission in the current 2ear
when he should ha-e done so
$C% Mr !0s law2er should pa2 the tax ,or "i-in" the wron" ad-ice
$)% Mr ! is "uilt2 ,or ,ailin" to consult his accountant
20. $he B3K, throu%h the Commissioner, instituted a system re<uirin% ta+#ayers to
submit to the B3K a summary list of their sales and #urchases durin% the year,
indicatin% the name of the seller or the buyer and the amount. Based on these
lists, the B3K disco&ered that in 200) ABC Cor#. #urchased from 2MN Cor#. %oods
!orth-*,000,000. 2MN Cor#. did not declare these for income ta+ #ur#oses as its
re#orted %ross sales for 200)!as only -l,000,000.
4hich of the follo!in% defenses may 2MN Cor#. inter#ose in an assessment
a%ainst it by the B3K. /101
$!% 3he B6/ has no authorit2 to obtain third part2 in,ormation to assess taxpa2ers
$B% 3he third part2 in,ormation is inadmissible as hearsa2 e-idence
$C% 3he s2stem o, re8uirin" taxpa2ers to submit third part2 in,ormation is ille"al ,or -iolatin"
the ri"ht to pri-ac2
$)% +one o, the abo-e