New Era University, College of Law

[ t. araos, k. refe, a. boy, j. manzanero, f. bernisca, l. roxas,

r. gaspar, k. caniedo, d. luminate, l. elivado, c. espallardo and k. cruz ]

Espejo
January 9, 2009

4th Wave
1. POLITICAL LAW (2002 Bar)
A was born in the Philippines of Filipino parents. When martial law was declared in the
Philippines on September 21, 1972, he went to the United States and was naturalized as an
American citizen. After the EDSA Revolution, he came home to the Philippines and later on reacquired Philippine citizenship by repatriation.
Suppose in the May 2004 elections he is elected Member of the House of Representatives and
a case is filed seeking his disqualification on the ground that he is not a natural-born citizen of
the Philippines, how should the case against him be decided? Explain your answer.
Hint: Repatriation results in the recovery of the original nationality.
Suggested Answer:
The case should be decided in favor of A.
In a decided case, it has been held that the act of repatriation allows the person to
recover or return to, his original status before he lost his Philippine citizenship.
In this case, A was a former natural-born Filipino citizen who lost his Philippine
citizenship when he was naturalized as an American citizen. However, by virtue of repatriation,
A is deemed to have recovered his natural-born Filipino citizen status, thus, made him
qualified to be elected as a Member of the House of Representatives.
Hence, the case should be decided in favor of A.
2. POLITICAL LAW (2002 Bar)
X was elected provincial governor for a term of 3 years. He was subsequently appointed by the
President of the Philippines serving at her pleasure, as concurrent Presidential Assistant for
Political Affairs in the Office of the President, without additional compensation.
Is Xs appointment valid?
Hint: No elective official shall be eligible for appointment to any public office during his tenure.
Suggested Answer:
No, the appointment of X is not valid.
Under the Constitution, no elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
In the facts given, Presidential Assistant for Political Affairs is a public office. The
President cannot validly appoint X into such office during Xs tenure as a provincial governor.
Hence, the appointment of X is not valid.

3. LABOR LAW (2002 Bar)

This year, National Heroes Day (August 25) falls on a Sunday. Sunday is the rest day of
Bonifacio whose daily rate is P500.00.
a. If Bonifacio is required by his employer to work on that day for 8 hours, how much
should he be paid for his work? Explain.
b. If he works for 10 hours on that day, how much should he receive for his work? Explain.
Hint: Compensation and overtime pay during rest day and regular holidays.
Suggested Answer:
a.
Bonifacio should be paid P1, 300.00 for his 8-hour work during that day.
Under the law, an employee who is made to work on his scheduled rest day shall be
paid an additional compensation of at least 30% of his regular wage. Also, an employee who is
required to work on any holiday shall be paid a compensation equivalent to twice of his regular
rate.
In the case at hand, National Heroes Day is a regular holiday. Bonifacio worked on his
scheduled rest day which is also a regular holiday. The computation would be:
P500.00 (Bonifacios daily rate)
+ P150
(30% of his daily rate)
P 650.00
x
2____ (twice of his regular rate)
P1, 300.00 (his compensation for 8-hour work)
Hence, Bonifacio should be paid P1, 300.00 for his 8-hour work during that day.
b.
Bonifacio should be paid P1, 625.00 for his 10-hour work during that day.
Under the law, an employee who performed work beyond 8 hours on a holiday or rest
day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a
holiday or rest day plus at least 30% thereof.
In the given facts, Bonifacio performed an overtime work of 2 hours on his scheduled
rest day which is also a regular holiday. The computation would be:
P 1,300.00 (Bonifacios compensation for 8-hours of work)
8
(number of regular hours of work)
P 162.50
(his hourly rate)
x
2____ (number of hours he worked overtime)
P 325.00 (his overtime compensation)
+ P 1,300.00 (his total compensation for 8-hours of work)
P 1, 625.00 (Bonifacios total compensation for 10-hours of work)

Hence, Bonifacio is entitled to receive P1, 625.00 for his 10-hour work during that day.
4. LABOR LAW (2002 Bar)
Nemia earns P7.00 for every manicure she does in the barber shop of a friend which has 19
employees. At times she takes home P175.00 a day and at other times she earns nothing. She
now claims holiday pay. Is Nemia entitled to this benefit?
Hint: Workers who are paid by results is not entitled to holiday pay.

Suggested Answer:
No, Nemia is not entitled to holiday pay.
Under the law, a worker who is paid by results is not entitled to a holiday pay and other
benefits under the provisions on Conditions of Employment.
In the given case, Nemia is a worker who is being paid by the result of her work as can
be gleaned from the fact that there are times she earns something and there are also times
she earns nothing.
Hence, Nemia is not entitled to a holiday pay.
5. CIVIL LAW (2002 Bar)
On May 1, 1975, Facundo married Petra, by whom he had a son Sotero. Petra died on July 1,
1996, while Facundo died on January 1, 2002. Before his demise, Facundo married, on July 1,
2000, Querica. Having lived together as husband and wife since July 1, 1990, Facundo and
Querica did not secure a marriage but executed the requisite affidavit for the purpose.
To ensure that his inheritance rights are not adversely affected by his fathers second
marriage, Sotero now brings a suit to seek a declaration of the nullity of the marriage of
Facundo and Querica, grounded on the absence on a valid marriage license. Querica
contends that there was no need for a marriage license in view of her having lived continuously
with Facundo for 5 years before their marriage and that Sotero has no legal personality to seek
a declaration of nullity of the marriage since Facundo is now deceased.
a. Is the marriage of Facundo and Querica valid, despite the absence of a marriage
license? Explain.
b. Does Sotero have the personality to seek a declaration of nullity of the marriage,
especially now that Facundo is already deceased? Explain.
Hint: Requirement of no legal impediment must exist at the time of the solemnization of
marriage; void marriages may be attacked by any interested party.
Suggested Answer:
a.
Yes, the marriage of Facundo and Querica is valid.
Under the law, no marriage license is required if the man and woman have lived
together as husband and wife for at least 5 years and without legal impediment to marry each
other. It has been held that it is sufficient that the requirement of no legal impediment is
satisfied only at the time of the solemnization of the marriage.
In the given facts, Facundo and Querica have been living together as husband and wife
for 10 years while Facundos marriage with Petra still subsists. However, when Facundo
married Querica in 2000, Petra is already dead and there is no more legal impediment on the
part of Facundo. Thus, the marriage is valid despite the absence of a marriage license.
Hence, the marriage of Facundo and Querica is valid.
b.
Yes, Sotero has personality to seek the declaration of the nullity of the marriage.
Under the law, a marriage solemnized without a marriage license is void. In a decided
case, it has been held that a void marriage may be questioned by any interested party in any
proceeding where the resolution of the issue is material.
In this case, Sotero is assailing the validity of Facundos marriage to Querica on the
ground of absence of a marriage license. Sotero is an interested party to question the validity
of the marriage since he is a compulsory heir and his rights on succession would be affected.
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Hence, Sotero has personality to seek the declaration of the nullity of the marriage.
6. CIVIL LAW (2002 Bar)
Lauro owns an agricultural land planted mostly with fruit trees. Hernando owns an adjacent
land devoted to his piggery business, which is 2 meters higher in elevation. Although Hernando
has constructed a waste disposal lagoon for his piggery, it is inadequate to contain the waste
water containing pig manure, and it often overflows and inundates Lauros plantation. This has
increased the acidity of the soil in the plantation, causing the trees to wither and die. Lauro
sues for damages caused to his plantation. Hernando invokes his right to the benefit of a
natural easement in favor of his higher estate, which imposes upon the lower estates of Lauro
the obligation to receive the waters descending from the higher estate. Is Hernando correct?
Hint: Remman Enterprise vs. CA
Suggested Answer:
No, Hernando is not correct.
Under the law, lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estates but the owner of the higher
estate cannot make works which will increase the burden.
In this case, it is true that Lauro has the obligation to receive the waters which naturally
and without the intervention of man descend from Hernandos estate. However, the waters
which flow from Hernandos estate are not those which naturally descends but those which are
artificially collected in man-made lagoons. Thus, any damage occasioned thereby entitles
Lauro to compensation.
Hence, Hernando is not correct.
7. TAXATION LAW (2002 Bar)
On August 5, 2001, Adamson Co. Inc. filed a request for reconsideration of the deficiency
withholding tax assessment on July 10, 2001, covering the taxable year 1999. After
administrative hearings, the original assessment of P150 thousand was reduced to P75
thousand and a modified assessment was thereafter issued on August 5, 2003. Despite
repeated demands, Adamson failed and refused to pay the modified assessment.
Consequently, the BIR brought an action for collection in the RTC on October 15, 2006.
Adamson moved to dismiss the action on the ground that the governments right to collect the
tax by judicial action has prescribed.
Decide the case.
(Note: This is a 2002 Bar Exam question. However, the dates are modified to conform to the present provisions
of NIRC regarding the period of limitation.)

Hint: A request for reconsideration does not suspend the running of prescriptive period to
collect (CIR vs. PHILIPPINE GLOBAL COMMUNICATION G.R. No. 167146 October 31, 2006
CHICO-NAZARIO)
Suggested Answer:
The governments right to collect has prescribed.
Under the law, internal revenue taxes shall be collected through judicial proceedings
within 5 years from the date the assessment has been released. It has been held that a
request for reconsideration does not toll the running of the prescriptive period for the collection
of an assessed tax.
In this case, the deficiency withholding tax was assessed on July 10, 2001. From that
date, the BIR has until July 9, 2006 to collect the tax by filing a judicial action because the
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request for reconsideration filed by Adamson did not suspend the prescriptive period for
collection. However, BIR commenced the collection proceedings only on October 15, 2006,
which is 2 months beyond the prescriptive period.
Therefore, the governments right to collect has prescribed.
8. TAXATION LAW (2002 Bar)
XYZ Foundation is a non-stock, non-profit association duly organized for religious, charitable
and social welfare purposes. Last January 3, 2000, it sold a portion of its lot used for religious
purposes and utilized the entire proceeds for the construction of a building to house its free
Day and Night Care Center for children of single parents. In order to subsidize the expenses of
the Day and Night Care Center and to support its religious, charitable and social welfare
projects, the Foundation leased the 300 sq.m. area of the 2 nd and 3rd floor of the building for
use as a boarding house. The foundation also operates a canteen and a gift shop within the
premises, all the income from which is used actually, directly, and exclusively for the purposes
for which the Foundation was organized.
a. Considering the constitutional provision granting tax exemption to non-stock
corporations such as those formed exclusively for religious, charitable, or social welfare
purposes, explain the meaning of the last paragraph of said Sec. 30 of the 1997 Tax
Code which states that Income of whatever kind and character of the foregoing
organizations from any of their properties, real or personal, or from any of their activities
conducted for profit regardless of the disposition made of such income shall be subject
to tax imposed under this Code.
b. Is the income derived by XYZ Foundation from the sale of a portion of its lot, rentals
from its boarding house and operation of its canteen and gift shop subject to tax?
Explain.
Hint: The tax exemption granted by the Constitution to non-stock, non-profit religious or
charitable institutions refers only to real property taxes on real properties actually, directly, and
exclusively used for religious or charitable purposes.
Suggested Answer:
a.
The exemption contemplated in the Constitution covers only real estate tax on real
properties actually, directly and exclusively used for religious, charitable or social welfare
purposes and does not include income tax which is within the context of Section 30, Tax Code.
As a rule, non-stock, non-profit corporations organized for religious, charitable or social
welfare purposes are exempt from income tax on their income received by them as such.
However, if these corporations derive income from their properties of any of their activities
conducted for profit, the income tax shall be imposed on said items irrespective of their
disposition.
b.
Yes, the income derived by the Foundation from those activities is subject to income
tax.
In a decided case, it has been held that the income derived by a religious or charitable
institution from its properties or any activities conducted for profit is taxable, regardless of its
disposition.
In the case given, the Foundation sold its lot, leased its building, and operated canteen
and gift shop. These activities are conducted for profit and thus considered as taxable income
regardless of the purpose to which such profit shall be appropriated.
Hence, the income derived by the Foundation from those activities is subject to income
tax.
9. COMMERCIAL LAW (2002 Bar)
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XL Foods Corp, which is engaged in the fastfood business, entered into a contract with its
President Jose Cruz, whereby the latter would supply the corporation with its meat and poultry
requirements. Is the contact valid?
Hint: Contract with self-dealing director is voidable, at the option of the corporation.
Suggested Answer:
Yes, the contract is valid.
Under the law, a contract of the corporation with one or more of its directors is voidable,
at the option of the corporation. A voidable contract is valid until annulled.
In this case, XL Corp. entered into a contract with one of its president who, under the
law, must be a director. Such contract is valid until annulled by the corporation.
Hence, the contract is valid.
10. COMMERCIAL LAW (2002 Bar)
Discuss whether or not the following stipulations in a contract of carriage of a common carrier
are valid:
a. A stipulation limiting the sum that may be recovered by the shipper or owner to 90% of
the value of the goods in case of loss due to theft.
b. A stipulation that in the event of loss, destruction or deterioration of goods on account of
the defective condition of the vehicle used in the contract of carriage, the carriers
liability is limited to the value of the goods appearing in the bill of lading unless the
shipper or owner declares a higher value.
Hint: Valid and void stipulations in the contract of common carriage.
Suggested Answer:
a.
The stipulation is void for being unreasonable and contrary to public policy.
Under the law, a stipulation which tends to diminish the liability of a common carrier for
acts committed by thieves is void for being unreasonable, unjust and contrary to public policy.
In this case, the stipulation which delimits the amount that may be recovered by the
shipper to 90% of the value of the goods in case of loss due to theft is unreasonable and
contrary to public policy, thus void.
Hence, the stipulation is void.
b.
The stipulation is valid.
Under the law, a stipulation that the common carriers liability is limited to the value of
the goods appearing in the bill of lading, unless the shipper or owner declares a greater value,
is binding.
In this case, the stipulation is valid because the law expressly recognized a stipulation
to the effect that the common carriers liability is limited to the value of the goods appearing in
the bill of lading, unless the shipper declares a greater value..
Hence, the stipulation is valid.

11. CRIMINAL LAW (2002 Bar)

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A vehicular accident occurred on the national highway in Bulacan. Among the first to arrive at
the scene of the accident was A, who found one of the victims already dead and the others
unconscious. Before the rescuers could come, A, taking advantage of the helpless condition of
the victims, took their wallets and jewelry. However, the police, who responded to the report of
the accident, caught A. What crime or crimes did A commit? Why?
Hint: Theft on occasion of calamity or vehicular accident.
Suggested Answer:
A committed the crime of qualified theft.
Under the law, the crime of qualified theft is committed by a person, who with intent to
gain, without force or intimidation, shall take personal property of another without the latters
consent on the occasion of a vehicular accident.
In this case, A, with intent to gain and taking advantage on the vehicular accident, took
the wallets and jewelry of the victims. There is no force or intimidation of persons because one
of the victims is already dead while the others were unconscious.
Hence, A committed the crime of qualified theft.
12. CRIMINAL LAW (2002 Bar)
A was charged with homicide. After trial, he was found guilty and sentenced to 6 years and 1
day of prision mayor, as minimum, to 12 years and 1 day of reclusion temporal, as maximum.
Prior to his conviction, he had been found guilty of vagrancy and imprisoned for 10 days of
arresto menor and fined P50.00. Is he eligible for probation? Why?
Hint: Offenders who are disqualified to apply for probation.
Suggested Answer:
No, A is not eligible for probation.
Under the law, the benefits of probation law shall not be extended to those who are
sentenced to serve a maximum of imprisonment of more than 6 years.
In the case at hand, A is not eligible for probation because he was sentenced with
imprisonment of 12 years and 1 day as maximum penalty.
Hence, A is not eligible for probation.
13. REMEDIAL LAW (2003 Bar)
Romeo is sued for damages for injuries suffered by the plaintiff in a vehicular accident, Julieta,
a witness in court, testifies that Romeo told her (Julieta) that he (Romeo) heard Antonio, a
witness to the accident, give an excited account of the accident immediately after its
occurrence. Is Julietas testimony admissible against Romeo over proper and timely objection?
Why?
Hint: As a rule, hearsay is inadmissible in evidence.
Suggested Answer:
No, Julietas testimony is inadmissible in evidence.
As a rule, a witness can testify only to those facts which he knows of his personal
knowledge; that is, which are derived from his own perception.

In the case at hand, Julietas testimony is not based on her personal knowledge but
based on what was told her by Romeo who obtained the facts from another witness Antonio.
Julietas testimony is inadmissible for being hearsay.
Hence, the testimony of Julieta is inadmissible in evidence.
14. REMEDIAL LAW (2002 Bar)
D was charged with murder, a capital offense. After arraignment, he applied for bail. The trial
court ordered the prosecution to present its evidence in full on the ground that only on the
basis of such presentation could it determine whether the evidence of Ds guilt was strong for
purposes of bail. Is the ruling correct? Why?
Hint: For purposes of bail, the prosecution is not required to present its evidence in full.
Suggested Answer:
No, the ruling is not correct.
As a rule, the prosecution is only required to present as much evidence as is necessary
to determine whether the evidence of guilt of the accused is strong for purposes of bail.
In this case, the prosecution cannot be required to present its evidence in full but only
as much evidence as is necessary to determine whether the evidence of Ds guilt is strong for
purposes of bail.
Hence, the ruling is not correct.
15. LEGAL ETHICS (2002 Bar)
Atty. N had an extramarital affair with O, a married woman, as a result of which they begot a
child, P. Atty. N admitted paternity of the child P and undertook to support him. On the basis of
this admission, is Atty. N subject to disciplinary action by the Supreme Court? Why?
Hint: Grossly immoral conduct is subject to disciplinary action (DULALIA vs. ATTY. CRUZ AC
6854, APRIL 27, 2007 CARPIO-MORALES)
Suggested Answer:
Yes, Atty. N is subject to disciplinary action by the Supreme Court.
In a decided case, it has been held that for immorality to be a ground for disciplinary
action, it must not only be merely immoral but also be grossly immoral. A lawyer who has an
illicit affair with a married woman is guilty of grossly immoral conduct.
In the given case, Atty. N committed a grossly immoral conduct when he maintained an
illicit affair with a married woman with whom he begot a child. His conduct is subject to the
disciplinary action by the Supreme Court.
Hence, Atty. N is subject to disciplinary action by the Supreme Court.

16. LEGAL ETHICS (2002 Bar)

Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor Union,
entered his appearance as representative of a member of the union before the Labor Arbiter in
a case of illegal dismissal, unpaid wages and overtime pay. Counsel for the Company objected
to Rauls appearance and moved for his disqualification on the ground that he is not a lawyer.
If you were the Labor Arbiter, how would you resolve the motion? Why?
Hint: When appearance of a non-lawyer is allowed.
Suggested Answer:
If I am the Labor Arbiter, I will deny the motion to disqualify Raul.
Under the Labor Code, a non-lawyer may appear before the Labor Arbiter if he is to
represent his organization or the members thereof.
In this case, Raul may appear before the Labor Arbiter to represent a member of XYZ
Labor Union to which he belongs.
Hence, I will deny the motion to disqualify Raul.

Tips of the Week

1. Political Law
Requisites for an Administrative Regulation to have the force of penal law:

1. Any violation shall be specified as a crime by the delegating statute itself;

2. The penalty shall be provided by the statute itself; and
3. The regulation shall be published
Clear and present danger rule- when words are used in such circumstances and of such
nature as to create a clear and present danger that will bring about the substantive evil that
the State has a right to prevent.
Dangerous tendency rule- words uttered create a dangerous tendency of an evil which
the State has a right to prevent.
Balancing of interest rule- when a particular conduct is regulated in the interest of public
order, and the regulation results in an indirect, conditional and partial abridgment of speech,
the duty of the court is to determine which of the two conflicting interests demands the
greater protection under the particular circumstances presented.
Void-for-vagueness rule- accused is denied the right to be informed of the charge against
him, and to due process as well, where the statute itself is couched in such indefinite
language that it is not possible for men of ordinary intelligence to determine therefrom what
acts or omissions are punished and hence shall be avoided.

2. Labor Law
Wage distortion presupposes an increase in the compensation of the lower ranks in an
office hierarchy without a corresponding raise for higher-tiered employees in the same
region of the country.
This results into the elimination or the severe diminution of the distinction between the two
groups.
Wage distortion does not arise when a wage order gives employees in one branch of a
bank higher compensation than that given to their counterparts in other regions occupying
the same pay scale, who are not covered by said wage order.
Wage distortion involves four elements:
1. An existing hierarchy of positions with corresponding salary rates
2. A significant change in the salary rate of a lower pay class without a concomitant
increase in the salary rate of a higher one
3. The elimination of the distinction between the two levels
4. The existence of the distortion in the same region of the country
3. Civil Law
Doctrine of A Modal Institution is the institution of an heir made for a certain purpose or
cause.
Substitution is the appointment of another heir so that he may enter into the inheritance in
default of the heir originally instituted.
Fideicommissary substitution is one by virtue of which a testator institutes a first heir and
changes him to preserve and transmit the whole or part of the inheritance to a second heir.
4. Taxation Law
Exempt Transaction and Exempt Party:
Exempt transaction - involves goods or services which, by their nature, are specifically
listed in and expressly exempted from the VAT under the Tax Code, without regard to the
tax status -- VAT-exempt or not -- of the party to the transaction. Indeed, such transaction is
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not subject to the VAT, but the seller is not allowed any tax refund of or credit for any input
taxes paid.
Exempt party - a person or entity granted VAT exemption under the Tax Code, a special
law or an international agreement to which the Philippines is a signatory, and by virtue of
which its taxable transactions become exempt from the VAT. Such party is also not subject
to the VAT, but may be allowed a tax refund of or credit for input taxes paid, depending on
its registration as a VAT or non-VAT taxpayer.
Zero-rated transactions and Effectively zero-rated transactions:
Zero-rated transactions generally refer to the export sale of goods and supply of services.
The tax rate is set at zero. When applied to the tax base, such rate obviously results in no
tax chargeable against the purchaser. The seller of such transactions charges no output
tax, but can claim a refund of or a tax credit certificate for the VAT previously charged by
suppliers.
Effectively zero-rated transactions, however, refer to the sale of goods or supply of
services to persons or entities whose exemption under special laws or international
agreements to which the Philippines is a signatory effectively subjects such transactions to
a zero rate. Again, as applied to the tax base, such rate does not yield any tax chargeable
against the purchaser. The seller who charges zero output tax on such transactions can
also claim a refund of or a tax credit certificate for the VAT previously charged by suppliers.
Requisites for claiming a VAT refund or credit:
1. The one claiming a VAT refund or credit must be a VAT-registered entity
2. The input taxes paid on the capital goods of respondent are duly supported by VAT
invoices and have not been offset against any output taxes.

5. Commercial Law
3. The three (3) methods by which a stock corporation may be voluntarily dissolved are:
a. Voluntary Dissolution where no creditors are affected. This is done by a
majority vote of the directors, and resolution of at least 2/3 vote of stockholders,
submitted to the Securities and Exchange Commission.
b. Voluntarily dissolution where creditors are affected. This is done by a petition
for dissolution, which must be filed with the Securities and Exchange
Commission, signed by a majority of the members of the board of directors,
verified by the president or secretary, and upon affirmative vote of stockholders
representing at least 2/3 of the capital stock.
c. Dissolution by shortening of the corporate term. This is done by amendment
of the articles of incorporation.
6. Criminal Law
Human Security Act of 2007 (often referred to as the Anti-Terror Law or AntiTerrorism Law
Terrorism - The following are crimes of terrorism: (a) piracy, (b) rebellion or insurrection,
(c) coup detat,(d) murder, (e) kidnapping and serious illegal detention, (f) crimes involving
destruction, or under (a) The Law on Arson, (b) Toxic Substances and hazardous and
Nuclear Waste Control Act of 1990, (c) Atomic Energy Regulatory and Liability Act of 1968,
(d) Anti-Hijacking Law; (e) Anti-piracy and Anti-highway Robbery Law of 1974, and (f)
Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives.
Surveillance of Suspects and Interception and Recording of Communications. A
police or law enforcement official and the members of his team may, upon a written order of
the Court of Appeals, listen to, intercept and record, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially
declared and outlawed terrorist organization, association, or group of persons or of any
person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism.
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 Period of Detention without Judicial Warrant of Arrest. Any police or law enforcement
personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has
taken custody of a person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in
the delivery of detained persons to the proper judicial authorities, deliver said charged or
suspected person to the proper judicial authority within a period of 3 days counted from the
moment the said charge or suspected person has been apprehended or arrested, detained,
and taken into custody by the said police, or law enforcement personnel. Provided, that the
arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must
result from the surveillance (sec. 7) and examination of bank deposits (sec. 27).
Period of Detention in the Event of an Actual or Imminent Terrorist Attack. In the
event of an actual or imminent terrorist attack, suspects may not be detained for more than
three days without a written approval. If within three (3) days after the detention the
suspects, whose connection with the terror attack or threat is not established, shall be
released immediately.
Application to Examine Bank Deposits, Accounts, and Records. The written order of
the Court of Appeals authorizing the examination of bank deposits, placements, trust
accounts, assets, and records, and the gathering of any relevant information about the
same from said bank or financial institution, shall only be granted by the authorizing division
of the Court of Appeals upon an ex-parte application of a police or of a law enforcement
official, and upon examination under oath or affirmation of the applicant and the witnesses
he may produce to establish the facts that will justify the need and urgency of examining
and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the
person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism, (2) of a judicially declared and outlawed terrorist organization, association or
group of persons, or (3) of any member of such organization, association or group of
persons.
7. Remedial Law
Evidence:
Testimonial Evidence:
General Rule- A witness can testify only to those facts which he knows from his personal
knowledge; that is, which are derived from his own perception.
Exceptions:
1. Dying Declaration- A dying declaration is a statement made by the victim of homicide,
referring to the material facts which concern the cause and circumstances of the killing
and which is uttered under a fixed belief that death is impending and is certain to follow
immediately, or in a very short time, without an opportunity of retraction and in the
absence of all hopes of recovery.
The admission of dying declarations does not violate the Constitutional right of a person to
confront and cross-examine the witness against him, because the person who testifies to
the dying declarations is the witness against the accused and the witness with whom the
accused is entitled to be confronted.
Requisites of Admissibility
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances of such death;
3. That the declaration refers to facts which the victim is competent to testify to; and
4. That the declaration is offered in a case wherein the declarants death is the subject of the
inquiry.
Introduction of a dying declaration in evidence- A proper predicate must be laid for the
introduction of dying declaration. The proper predicate is the proof that he declarant has
made his declaration under a consciousness of impending death.
Civil Procedure:
Permissible ways of pleading an actionable document:
1. setting forth the substance of such document in the pleading and attaching the
document thereto as an annex, or
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2. by setting forth said document verbatim in the pleading.

When can a defendant be properly declared in default?
1. Failure to answer within the proper period;
2. Non-compliance with the order of the court to file a bill of particulars or in case of
insufficient compliance therewith
3. Refusal to comply with the modes of discovery
4. Failure to furnish plaintiff with the copy of the answer despite its due filing in court.
The requisites for intervention are:
1. Legal interest in the matter in controversy; or
2. Legal interest in the success of either of the parties; or
3. Legal interest against both; or
4. So situated as to be adversely affected by a distribution or the disposition of property in
the custody of the court or an officer thereof;
5. Intervention will not unduly delay or prejudice the adjudication of the rights of original
parties;
6. Intervenors rights may not be fully protected in a separate proceeding.
8. Legal Ethics
CANON 8 - A lawyer shall conduct himself with courtesy, fairness and candor towards
his professional colleagues, and shall avoid harassing tactics against opposing
counsel.
Courtesy to fellow lawyers- Lawyers are officers of the court. They belong to the legal
profession- a profession exclusive to those privileged to practice law. To maintain the
dignity of the legal profession, lawyers must conduct themselves honorably, fairly and
candidly toward each other. Respect generates respect. They shall avoid resorting to
harassing tactics against their opposing counsels.
Language to be used- A lawyers language should be forceful but dignified, emphatic but
respectful as befitting an advocate and in keeping with the dignity of the legal profession.
A Lawyer should not steal anothers client- A person without a retained lawyer is a
legitimate prospective client for any lawyer whom he approaches for legal services. But, as
soon as he had retained one, and had not dismissed the retained counsel, efforts on the
part of another lawyer to take him as client constitutes an act of encroaching upon the
employment of another lawyer. Such efforts may consist of a promise of better service,
lower attorneys fees or the downgrading of the qualifications or services of the first lawyer.
Any act which is calculated to ease out the previous lawyer with the intent to grab the case
is violative of the rule against encroachment upon the employment of another lawyer.A
lawyer should not in any way communicate upon the subject of controversy with a party
represented by counsel, much less should he undertake to negotiate or compromise the
matter with him, but should deal only with his counsel. It is incumbent upon the lawyer most
particularly to avoid everything that may tend to mislead a party not represented by
counsel, and he should not undertake to advise him as to the law.
Neither should the lawyer attempt to interview the opposite party and question him as to the
facts of the case even if the adverse party is willing to do so.
Lawyer may interview any witness or prospective witness for the opposing side- A
lawyer may properly interview any witness or prospective witness for the opposing side in
any civil or criminal action without the consent of opposing counsel or party. In doing so,
however, he should scrupulously avoid any suggestion calculated to induce the witness to
suppress or deviate from the truth, or in any degree to affect his free and untrammeled
conduct when appearing at the trial or on the witness stand.
Advice and assistance to victims of unfaithful and neglectful counsel- Any person
who seeks relief against an unfaithful or neglectful lawyer may approach another lawyer for
proper advice and assistance. Any advice or assistance extended after proper verification is
not encroaching upon the business of another lawyer for such act is justified under the
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circumstances. A lawyer shall not abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
A lawyer who has acquired knowledge of the malpractices of a member of the Bar, has the
duty to the public and to the legal profession to inform the Supreme Court or the IBP of
such malpractices to the end that the malpractitioner be properly disciplined.

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