Republic of the Philippines

Supreme Court
Manila

2013 BAR EXAMINATIONS

SAMPLE BAR QUESTIONS
October 1, 2013

8:00 A.M. 12:00 P.M.

INSTRUCTIONS
1.
This Questionnaire contains NINE (9) pages including these
Instructions pages. Check the number of pages and the page numbers at the
upper right hand corner of each page of this Questionnaire and make sure it
has the correct number of pages and their proper numbers.
There are EIGHT (8) Essay Questions numbered I to VIII, and EIGHT
(8) Multiple Choice Questions (MCQs) numbered I to VIII, to be answered
within four (4) hours.
The essay portion contains questions that are worth 80% of the whole
examination while the MCQ portion contains questions worth 20%.
2.
Read each question very carefully and write your answers in your Bar
Examination Notebook in the same order the questions are posed. Write your
answers only on the front, not the back, page of every sheet in your Notebook.
Note well the allocated percentage points for each number, question, or subquestion. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient
for your answers, use the back pages of every sheet of your Examination
Notebook, starting at the back page of the first sheet and the back of the
succeeding sheets thereafter.
3.
Answer the Essay questions legibly, clearly, and concisely. Start each
number on a separate page. An answer to a sub-question under the same
number may be written continuously on the same page and the immediately
succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts
presented by the question, to select the material from the immaterial facts,

and to discern the points upon which the question turns. It should show your
knowledge and understanding of the pertinent principles and theories of law
involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyerlike manner to a sound conclusion from the given premises.
A mere Yes or No answer without any corresponding explanation
or discussion will not be given any credit. Thus, always briefly but fully
explain your answers although the question does not expressly ask for an
explanation. At the same time, remember that a complete explanation does
not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need to
re-write or repeat the question in your Notebook.
4.
MCQs are to be answered by writing in your Notebook the capital letter
(A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers
should begin in the page following the last page of your essay answers.
There is only one correct answer to every MCQ; choose the BEST
answer from among the offered choices. Note that some MCQs may need
careful analysis both of the questions and the choices offered.
5.
Make sure you do not write your name or any extraneous note/s or
distinctive marking/s on your Notebook that can serve as an identifying mark/s
(such as names that are not in the given questions, prayers, or private notes to
the Examiner).
Writing, leaving or making any distinguishing or identifying mark in
the exam Notebook is considered cheating and can disqualify you for the Bar
examinations.
You can use the questionnaire for notes you may wish/need to write
during the examination.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

J. Arturo D. Brion
Chairman
2013 Bar Examinations

ESSAY QUESTIONS
I.
Sometime in 2011, Philippine President Santos signed a bilateral agreement
with the Republic of Kafiristan, which contains, among other things, a provision
allowing the investment by Kafiristan citizens in preferred stocks, up to a
maximum of 40%, of Philippine advertising companies. The Senate believes that
the agreement is a treaty that should be transmitted to it for concurrence, but
President Guzman, the newly elected president in 2013 who ran under a nationalist
platform, refused to transmit the instrument to the Senate for its action.
(A)

May members of the Senate file a petition for mandamus against

President Guzman and the Department of Foreign Affairs Secretary to
compel them to transmit the agreement as a treaty for the Senates
concurrence? (4%)

(B)

Assume that President Guzman transmitted the agreement, and the

Senate ratified it as a treaty. Would a petition for certiorari to annul
the treatys ratification prosper on the ground that it violated Section
11, Article XVI of the 1987 Constitution, which limits foreign
participation in advertising companies to 30% of its capital stock?
(4%)

II.
Tara was the Secretary to the President of the Able Corporation (with the
rank of Assistant Vice President) since 2003. Early this year, she misplaced
certain important confidential company documents. Although the documents were
located a few days later, Able Corporation opted to do away with Taras services
because it no longer had trust and confidence in her reliability; thus, the Board of
Directors decided to delete the position of Secretary to the President from the
companys payroll. She responded by filing before the Labor Arbiter an illegal
dismissal case against Able Corporation.
Able Corporation took the position that the Labor Arbiter lacked jurisdiction
over the case because Tara was an officer with corporate rank whose position the
Board, in the exercise of its control over the companys corporate structure,
dissolved. It also argued that Tara worked on confidential matters and
management had lost confidence in her when she misplaced important company
documents. Based on these facts, decide the following questions.
(A)

Does the Labor Arbiter have jurisdiction over Taras illegal dismissal
case? Give your answer with reasons. (4%)

(B)

Assuming that the Labor Arbiter has jurisdiction, was Taras dismissal
valid? Decide. (4%)

III.
In 1970, the spouses Delos Reyes, both Filipinos, bought an unregistered
parcel of land in Oriental Mindoro, Philippines. In 1986, the spouses migrated to
the United States and later became naturalized US citizens. While on vacation in
the Philippines in 1990, the spouses applied for the registration of the parcel of
land they bought in 1970. The Republic opposed the application because of the
spouses American citizenship.
Rule on the spouses application for registration. (8%)

IV.
The spouses A and B donated a parcel of land to their legitimate son, C, and
their daughter-in-law, D. The donation was made by reason of the marriage of C
and D and was made within a year after their marriage. The fair market value of
the parcel of land at the time of donation was P1,000,000.00. What is the amount
of As net gift to C? (8%)

V.
On July 3, 1993, Ursula took out a life insurance policy from Macondo Life
Insurance Corp. (Macondo). She designated her daughter, Amaranta, as the
beneficiary. On August 30, 1993, Macondo issued the policy after Ursula passed
the required medical examination and after payment of the required insurance
premiums.
On April 10, 1997, Ursula died of natural illness. On July 9, 1997,
Amaranta claimed her insurance proceeds. Macondo denied the claim and instead
offered to refund the premiums paid on the following grounds: (1) Ursula, an
illiterate, was not the one who signed the application form; (2) Ursula was
financially incapacitated to pay the life insurance policy; and (3) Amaranta was the
one who truly applied for the life insurance since she signed the application form
and designated herself as the sole beneficiary.
Amaranta sued Macondo to compel it to pay the proceeds of the insurance
contract. Macondo, in defense, alleged that it is not liable as there had been
fraudulent concealment. Rule on Macondos defense. (8%)

VI.
PO1 Benny Dipabaya is a jail guard assigned at the Masbate Provincial Jail.
While PO1 Reyes was on duty, his brother, Renato, informed him that his wife had
given birth. Since all the other jail guards were on field work, PO1 Dipabaya told
Dennis, the janitor assigned to the jail, to look after the prisoners until he returned.
While PO1 Dipabaya was away, Mando, one of the prisoners whose
conviction had been affirmed by the Supreme Court and who was waiting for his
transfer to the National Penitentiary, pleaded with Dennis to be allowed to go to
the toilet to answer the call of nature. Dennis gave in to the request, let Mando out
of his cell, and escorted him to the communal toilet. While there, Mando slid out of
the toilets window and escaped. What are the criminal liabilities of PO1 Dipabaya
and Dennis, if any? (8%)
VII.
Prosecutor Artin filed an Information for violation of R.A. 8353 (Anti-Rape
Law) in relation with R.A. 7610 (Special Protection of Children Against Abuse,
Exploitation and Discrimination Act) with the Regional Trial Court against Boysie.
Prosecutor Artin failed to allege in the Information that the victim is the niece of
the accused, although the victim stated their relationship in her Sinumpaang
Salaysay.
Before the scheduled arraignment, Prosecutor Artin formally moved for the
amendment of the Information to include the alleged relationship. Boysie opposed
the motion arguing that the addition of the allegation of relationship will raise the
category of the offense charged in the original Information; thus, he is entitled to a
reinvestigation before amendment may be allowed.
If you were the prosecutor, how will you reply to Boysies opposition? (8%)
VIII.
Juan, a third year law student, filed an accion interdictal against Pedro
before the municipal trial court. Juan signed his name as plaintiff and entered his
appearance for and in his behalf. During the trial, the defendants counsel objected
to Juans appearance and the judge sustained the objection. In an order, the judge
directed Juan to present documentary proof that he is enrolled in his law schools
legal aid clinic and that he should be accompanied by a supervising lawyer in the
next hearing.
(A) In a Manifestation filed with the court, Juan frankly admitted that he is
on leave of absence from the law school for the present school year and that he is
not enrolled in his law schools legal aid clinic, but insisted on his right to
represent himself. Discuss whether or not Juan can appear and legally represent
himself in the accion interdictal. (5%)

(B) Suppose the judge issues an order declaring that Juan cannot appear in
his own behalf. Juan decides to question the judges order by filing a special civil
action for certiorari before the Supreme Court. Can Juan, as petitioner, sign the
petition before the Supreme Court without the aid of a lawyer? (5%)

MULTIPLE CHOICE QUESTIONS

I.
Johnny was born in Oakland, California on February 4, 1980 to Filipino
parents. In 2010, he relocated to Alaminos, Laguna where he established his
residence. On October 1, 2012, he filed his Certificate of Candidacy for Mayor of
Alaminos, Laguna. Michael, another mayoralty candidate, opposed Johnnys
candidacy on the ground that Johnny is disqualified under Section 40(d) of the
Local Government Code? Is Michael correct? (1%)
(A)
(B)

(C)

(D)
(E)

Yes, because under the Section 40 (d) of the Local Government Code,
a dual citizen is disqualified from running for any elective position.
Yes, because as a dual citizen, Johnny should have taken an Oath of
Allegiance and executed an Affidavit of Renunciation pursuant to
Republic Act No. 9225 in order to qualify for any elective position.
No, because as a dual citizen, the filing of his CoC and swearing to
the oath in the CoC is sufficient to qualify him for any elective
position.
Yes, because as an American citizen, Johnny cannot run for an
elective position in the Philippines.
None of the above.
II.

Matty Khas was dismissed from his position as Chief Administrative Officer
from CQ security agency. When he filed a case for illegal dismissal with the
Labor Arbiter, CQ filed a motion to dismiss the case arguing that Matty failed to
prove by clear and convincing evidence that he had been illegally dismissed. Rule
on the motion. (1%)
(A)
(B)
(C)
(D)

The employer is correct because Matty, as the complainant, must

prove his allegation of illegal dismissal.
The employer is wrong because a motion to dismiss is a prohibited
pleading.
The employer is correct because Matty is a corporate officer and the
Labor Arbiter does not have jurisdiction over the case.
The employer is wrong because CQ, as the employer, is bound to
prove just or valid cause for the dismissal.

(E)

None of the above ruling is correct.

III.

Mr. and Mrs. Garcia, who were married in 1990, remained childless. The
spouses met a car accident that instantly claimed Mr. Garcias life. Mrs. Garcia,
although fatally wounded, managed to extricate herself from the burning car but
expired on arrival at the hospital.
During their marriage, the couple acquired properties worth P1,000,000,
which are now being claimed by the parents of both spouses. Assuming that both
of them died intestate, how much is the share of Mrs. Garcias parents? (1%)
(A)
(B)
(C)
(D)
(E)

500,000
250,000
1,000,000
750,000
None of the above.
IV.

The 5% / 10% capital gains tax on the sale of shares of stock applies in the
following case: (1%)
(A)
(B)
(C)
(D)
(E)

A resident aliens net capital gain from the sale of shares of stock of a
foreign corporation
A resident Filipino citizens net capital gain from the sale of shares of
stock of a domestic corporation through the local stock exchange
A resident aliens net capital gain from the sale of shares of stock of a
foreign corporation through the local stock exchange
A resident Filipino citizens net capital gain from the sale of unlisted
shares of stock of a domestic corporation.
None of the above.

V.
On April 19, 2012, Vito was elected director of Corleone Corp. for a term of
one year. Vito tendered his resignation from Corleone Corp. on May 31, 2012.
Thereafter, Santino filled the resulting vacant position on June 17, 2012. Santino
tragically died on August 27, 2012. Subsequently, Michael filled the vacant
position on August 28, 2012. When does Michaels term of office expire? (1%)
(A)
(B)
(C)
(D)

May 31, 2013

August 27, 2013
June 17, 2013
April 19, 2013

(E)

August 27, 2014

VI.
During a town fiesta, Gary boasted to his companions that all the female
dancers on stage had, at one time or another, been his girlfriends. Larry, the
boyfriend of one of the dancers, overheard Gary and punched him in the face,
causing him to fall. Larry then fled to his house.
Gary rushed home, grabbed his .38 revolver, and followed Larry. Failing to
immediately locate him, Gary then hid behind a bush and waited near Larrys
house. When a figure resembling Larry approached, Gary immediately shot him,
hitting him in the head and killing him.
It turned out that the person Gary shot was his own father who went to look
for him; his father feared that he (Gary) would confront Larry and feared the worst
if a confrontation would take place.
The RTC convicted Gary of parricide, but imposed on him the penalty for
homicide. Was the RTC correct? (1%)
(A)
(B)
(C)
(D)
(E)

Yes, by reason of praeter intentionem which is a mitigating

circumstance under Article 13 of the Revised Penal Code.
Yes, because of error in personae which is mitigating if the crime
committed is different from that intended.
No. Crimes against persons such as parricide cannot be offset by any
mitigating circumstance.
No. The crime was attended by the aggravating circumstances of
nighttime and dwelling.
None of the above as the intended crime was murder.
VII.

Kay filed a case against Bobby for collection of sum of money. After Kays
presentation of evidence, Bobby filed a demurrer to evidence with the
Metropolitan Trial Court (MeTC) which granted the demurrer. On appeal, the
Regional Trial Court reversed the MeTCs ruling and the RTCs reversal became
final. What is the consequence of the reversal on the collection case pending
before the MeTC? (1%)
(A)
(B)
(C)
(D)

The trial court shall dismiss the case outright

Bobby is now barred from presenting evidence because he did not
secure leave of court before filing the demurrer
Bobby is barred from presenting evidence whether or not he secured
leave of court.
Bobby will be allowed to present evidence

(E)

None of the above.

VIII.

Which of the following advertisements is ethical? (1%)

(A)

(B)
(C)
(D)
(E)

A small description in the newspaper about the attorneys

specialization and his place of employment after a legal article that he
wrote.
A full-page newspaper ad made by the attorneys client congratulating
the attorney for winning their case.
A pictorial press-release in the newspaper by the attorney regarding
the book launching of his autobiography.
All of the above.
None of the above.
NOTHING FOLLOWS
-000-