2019 Bar Examinations

2019 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
November 3, 2019 8:00 A.M. - 12:00 P.M.

JUSTICE ESTELA M. PERLAS-BERNABE
Chairperson
2019 Bar Examinations
PART I
Note: As stated in the Instructions, Part I covers problem sets

labelled A.1. to A.10. All answers to these questions should be written
in Booklet I.
A.1.
Define the following terms:
(a) Jus cogens (2%)
(b) Principle of double criminality (2%)
(c) Act of State doctrine (2%)
(d) Precautionary principle (2%)
A.2.
Under the United Nations Convention on the Law of the Sea

(UNCLOS), what are the rights of the Philippines within the following
areas:
(a) Contiguous zone (2%)
(b) Exclusive economic zone (2%)

A.3.
The Humanitarian Services Society (HSS), an international non-

government organization, assisted the displaced families of Tribe X who
had to flee their home country in order to escape the systematic
persecution conducted against them by their country’s ruling regime based
on their cultural and religious beliefs. Fearing for their lives, some of these
displaced families, with the help of HSS, were able to sail out into the sea
on a boat which eventually landed in Palawan. The Philippine Coast Guard
intended to push back the boat with 15 passengers.
An affiliate of HSS in the Philippines intervened on behalf these displaced

families, claiming that they are refugees under international law and
hence, should not be expelled from our territory.
May the displaced families of Tribe X be considered "refugees"

under international law? Explain. (3%)
A.4.
Mrs. W supplies the Philippine National Police (PNP) with uniforms every
year. Last month, he and two (2) other officers of the PNP conspired to
execute a "ghost purchase", covered by five (5) checks amounting to
₱200,000.00 each, or a total of ₱1,000,000.00. An investigating committee
within the PNP, which was constituted to look into it, invited Mrs. W,
among others, for an inquiry regarding the anomalous transaction. Mrs. W
accepted the invitation but during the committee hearing, she stated that
she will not answer any question unless she be provided with the
assistance of a counsel. The PNP officials denied her request; hence, she
no longer participated in the investigation.
(a) What is a custodial investigation? Under the 1987

Constitution, what are the rights of a person during custodial
investigation? (3%)
(b) Was the PNP’s denial of Mrs. W’s request violative of her
right to counsel in the proceedings conducted before the PNP?
Explain.(2%)
A.5.
At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer
A of the Manila Police District Station received a text message from an
unidentified civilian informer that one Mr. Z would be meeting up later that
morning with two (2) potential sellers of drugs at a nearby restaurant. As
such, Officer A decided to hang around the said place immediately.
At about 9:15 A.M., two (2) male passengers. Named A and Y, who were
each carrying a traveling bag, alighted from a bus in front of the restaurant.
A transport barker, serving as a lookout for Officer A, signaled to the latter
that X and Y were "suspicious-looking."
As the two were about to enter the restaurant, Officer A stopped them and
asked about the contents of their bags. Dissatisfied with their response
that the bags contained only clothes, Officer A proceeded to search the
bags and found packs of shabu therein. Thus, X and Y were arrested, and
the drugs were seized from them. According to Officer A, a warrantless
search was validly made pursuant to the stop and frisk rule; hence, the
consequent seizure of the drugs was likewise valid.
(a) What is the stop and frisk rule? (2.5%)
(b) Was the stop and frisk rule validly invoked by Officer A? If
not, what is the effect on the drugs seized as evidence?
Explain. (2.5%)
A.6.
A committee of the Senate invited Mr. X and Mr. Y, the Secretary of

Foreign Affairs and Secretary of Energy, respectively, as resource
speakers for an inquiry in aid legislation. Mr. X refused to attend, arguing
that the Senate, not its committee, has the power to compel attendance.
Meanwhile, Mr. Y attended the committee hearing but upon being asked
about discussions made during a closed-door cabinet meeting, he refused
to answer invoking executive privilege. The committee members insisted
that Mr. Y answer the question pursuant to the right of Congress to
information from the executive branch.
(a) Based on his argument, is Mr. X’s non-appearance

permissible? Explain. (2.5%)
(b) Is Mr. Y’s refusal to answer based on executive privilege
valid? Explain. (2.5%)
A.7.
The continuing threat to the security of the State in various parts of the
country prompted the National Security Adviser of the President to adopt a
"Comprehensive National Security Strategy (CNSS)" with the following
components:
Component 1: During a state of emergency, the President, in the exercise

of his power of general supervision, may delegate to the heads of local
government units (LGUs), through an administrative issuance, the power
to call-out the Armed Forces of the Philippines (AFP) for a more effective
and immediate response to the ground situation; and Component 2: In
declaring Martial Law, the President, in a preemptive action and without
waiting for the recommendation of the Secretary of National Defense and
the AFP, may rely upon any intelligence information he may have gathered
through other sources.
Disturbed by the strategy’s supposed infirmities, a concerned citizens’

organization raised the constitutionality of the two (2) components of the
CNSS before the Supreme Court.
(a) Is component 1 of the CNSS constitutional? Explain. (2.5%)
(b) Is component 2 of the CNSS constitutional? Explain. (2.5%)
A.8.
Mayor X and his City Administrator, Y, are political buddies who assumed
their respective offices in 2010. Sometime in January 2012, Y proposed to
Mayor X the entry into a ₱5,000,000.00 loan agreement with ABC
Foundation, a non-stock and non-profit organization in which the two had a
long-standing personal involvement. The loan agreement was duly
executed in the same year but was never authorized and approved by
the Sangguniang Panlungsod. It was further found that the same
constituted a fraudulent scheme to defraud the City Government.
Meanwhile. Mayor X won another term during the May 2013 Elections and
Y continued on as his City Administrator. A year after, or in May 2014,
administrative charges for grave misconduct, serious dishonesty, and
conduct prejudicial to the best interest of the service were filed against
them before the Office of the Ombudsman. In defense, Mayor X argued
that his subsequent reelection in May 2013 absolved him from any
administrative liability for any alleged anomalous activity during his first
term in office.
Y raised the same defense of condonation, having been retained by Mayor

X as City Administrator for a second term. On December 10, 2015, the
Ombudsman rendered its ruling in the case, finding both Mayor X and Y
administratively liable. Citing the Supreme Court’s Decision in Carpio-
Morales v. Court of Appeals (G.R. Nos. 217126-27), which was initially
promulgated on November 10, 2015, the Ombudsman rejected their
defense of condonation. With the motions for reconsideration of Mayor X
and Y having been denied by the Ombudsman on March 10, 2016, they
elevated thee matter to the Court of Appeals.
(a) Did the Ombudsman err in not giving credence to the

defense of condonation as raised by Mayor X? explain. (2%)
(b) How about Y? Can he validly invoke the condonation

doctrine to absolve him of the charge? Explain. (3%)
A.9.
The unabated rise of criminality and the reported identification of

delinquent children loitering in the wee hours of the night prompted City Z
to implement a curfew ordinance. Minors unaccompanied or unsupervised
on the streets by their parents or guardians between 10:00 P.M. to 5:00
A.M. may be apprehended by law enforcers subject to certain exclusive
exceptions. These exceptions are: 1. minors running lawful errands, such
as buying of medicines, using of telecommunications facilities for
emergency purposes and the like; 2. night school students; and 3. Minors
working at night.
Minors apprehended for violation of the curfew ordinance shall be required

to undergo counseling, accompanied by their parents/guardians.
(a) Does the curfew ordinance violative the primary right and
duty of parents to rear their children? Explain. (2.5%)
(b) Does the curfew ordinance infringe any of the minors’
fundamental rights? Explain. (2.5%)
A.10.
An Information for Estafa was filed against the accused, Mr. D. During the
course of the trial, Mr. D filed a motion to dismiss for failure to prosecute
the case for a reasonable length of time. Opposing the motion, the
prosecution argued that its failure to present its witnesses was due to
circumstances beyond its control. Eventually, the trial court dismissed the
case with finality on the ground that Mr. D’s right to speedy trial was
violated.
A month after, the same criminal case for Estafa was refilled against Mr.
D, prompting him to file a motion to dismiss invoking his right against
double jeopardy. The prosecution opposed the motion, arguing that the
first criminal case for Estafa was dismissed with the express consent of
the accused as it was, in fact, upon his own motion. Moreover, it was
already able to secure the commitments of its witnesses to appear; hence,
it would be prejudicial for the State if the case were to be dismissed
without trial.
(a) For double jeopardy to attach, what requisites must exist?

(2%)
(b) Rule on Mr. D’s present motion. (3%)
- END OF PART I-
Note: This marks the end of Part I. The forthcoming problem sets will fall
under Part II and the answers therefor should be written in Booklet II.
PART II
Note: As stated in the Instructions, Part II covers problem sets
labelled B.11. to B.20. All answers to these questions should be written
in Booklet II.
B.11.
Atty. G ran for Governor of the Province of Pampanga, while his close
friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga.
They both won convincingly. Eventually, the losing candidates timely filed
election protests. The losing gubernatorial candidate, Mr. A, filed his
protest before the Regional Trial Court of Pampanga (RTC), whereas the
losing mayoralty candidate, Mr. B, filed his protest before the Municipal
Trial Court of Guagua, Pampanga (MTC).
(a) What are the term limits for the positions of Atty. G and Atty.
M? (1%)
(b) Does the RTC have jurisdiction over the case filed by Mr. A?
Explain. (2%)
(c) Does the MTC have jurisdiction over the case filed by Mr. B?
Explain. (2%)
B.12.
W, the incumbent Congressman of the Province of Albay, decided to run

for Governor. He filed his certificate of candidacy (CoC) for Governor
without resigning from his post and continued exercising his duties as
Congressman, such as attending plenary sessions and committee
hearings in the House of Representatives.
One of W’s fiercest critics, X, claimed that W should not be dispensing the
functions of a Congressman since he is deemed ipso facto resigned as
such upon his filing of a CoC for Governor of Albay.
(a) Is X’s argument correct? Explain. (2.5%)
(b) Assuming that W is instead, an incumbent Undersecretary of

the Department of National Defense, what is the effect of the
filing of his CoC for the position of Governor of Albay to said
post? Explain. (2.5%)
B.13.
Who are the impeachable officers under the 1987 Constitution?

Briefly explain the process of impeaching them thereunder.
(5%)
B.14.
A proposal to change a provision of the 1987 Constitution has been put

forth as follows:
Original Text: "The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority
emanates from them"
Proposed text: "The Philippines is a democratic and socialist State.

Sovereignty resides in the party and all government authority
emanates from it."
(a) Is this an amendment or revision? Explain. (2.5%)
(b) Briefly explain the process to revise the 1987 Constitution.

(2.5%)
B.15.
R was elected as Municipal Councilor for three (3) consecutive terms.

Before the end of the third term, Vice Mayor S died, rendering his post
vacant. Since R was the highest-ranking Municipal Councilor, he assumed
the office of the Vice Mayor. One of his constituents, T, assailed R’s
assumption of office, arguing that elections should have been conducted
to fill in the vacancy following the death of Vice Mayor S.
(a) Is T’s contention correct? Explain. (2.5%)
(b) Assuming that R validly assumed S’s post, at the end of R’s
term as Vice Mayor, may he run, once more, for the position of
Municipal Councilor? Or, is he prescribed to do so under the
Local Government Code? Explain. (2.5%)
B.16.
Under the 1987 Constitution, to whom does each

duty/power/privilege/prohibition/disqualification apply:
(a) The authority to keep the general accounts of the

Government and for such period provided by law, preserve the
vouchers and other supporting documents pertaining thereto.
(1%)
(b) The power to allow small-scale utilization of natural

resources by Filipino citizens, as well as cooperative fish
farming, with priority to subsistence fishermen and fishworkers
in rivers, lakes, bays, and lagoons. (1%)
(c) The authority to provide for the standardization of

compensation of government officials and employees. (1%)
(d) The sole power to declare the existence of state of war. (1%)
(e) The power to ratify treaties and international agreements.

(1%)
B.17.
In 2014, Congress enacted an appropriation law containing a provision

that gives individual legislators the discretion to determine, post-
enactment, how much funds would go to a specific project or beneficiary
which they themselves also determine. Consequently, disbursements were
made in the interim pursuant thereto.
Eventually, Mr. Z filed a petition questioning the constitutionality of the

statutory provision on the grounds that it violates the separation of powers
principle.
On the other hand, certain Congressman argued that there was nothing
wrong with the provision because, after all, the power to appropriate
belongs to Congress.
(a) Rule on the arguments of the parties. (2.5%)
(b) Assuming that the provision is declared unconstitutional,

should the disbursements made pursuant thereto be returned in
light of the doctrine of operative fact? Explain. (2.5%)
B.18.
A was appointed by the President as a Commissioner of the Commission

on Election (COMELEC) while Congress was not in session. Pending
confirmation of his appointment by the Commission on Appointments, A
started to perform his official functions in the COMELEC, such as
attending en banc sessions, hearing election protests, signing Resolutions,
issuing Orders, and appearing before Congress during budget hearings.
Atty. B questioned before the Supreme Court the exercise of official

functions by A, stating that his ad interim appointment is not a permanent
appointment but a temporary one pending confirmation by the Commission
on Appointments, and thus, prohibited under Article IX-C of the 1987
Constitution which states that "[i]n no case shall any Member [of the
COMELEC] be appointed or designated in a temporary or acting capacity."
(a) Is Atty. B’s contention correct? Explain. (2.5%)
(b) If the Commission on Appointments by-passed the

confirmation of A, can he still be reappointed by the President?
Explain. (2.5%)
B.19.
Candidate X, a naturalized Filipino citizen, ran for Congressman for the

Lone District of Batanes. After a close electoral contest, he won by a slim
margin of 500 votes. His sole opponent, Y, filed an election protest before
the Commission on Election (COMELEC), claiming that X should be
disqualified to run for said position because he is not a natural-born
citizen. While the case was pending, X was proclaimed by the Provincial
Election Supervisor of Batanes as the duly elected Congressman of the
province.
(a) Distinguish between natural-born and naturalized citizen

under the 1987 Constitution, (2%)
(b) Is X qualified to run for Congress? Explain. (1%)
(c) Did X’s proclamation divest the COMELEC of its jurisdiction

to decide the case and vest the House of Representatives
Electoral Tribunal (HRET) jurisdiction to hear the case? Explain.
(2%)
B.20.
H, a naturalized American citizen who later became a dual citizen under

Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act),
decided to run for Congress and thus, filed a certificate of candidacy
(CoC). A citizen argued that H is ineligible for the position because of his
status as a dual citizen. H responded that his act of filing a CoC amounted
to his renunciation of foreign citizenship, rendering him eligible for the
position.
(a) Was H’s filing of a CoC sufficient to renounce foreign

citizenship? Explain. (2.5%)
(b) Assuming that H is a dual citizen because his parents are

Filipino citizens and he was born in California, USA, was filing
of a CoC sufficient to renounce his foreign citizenship? Explain.
(2.5%)
- END OF PART II -
Nothing follows
LABOR LAW AND SOCIAL LEGISLATION
2:00 P.M. - 6:00

November 3, 2019 P.M
Chairperson
PART I

in Booklet I.
A.1.
Define, explain or distinguish the following terms:
(a) Just and authorized causes (2%)
(b) Seasonal and project employees (2%)
(c) Strikes and lockouts (2%)
(d) Bona fide occupational qualifications (2%)
(e) Grievance machinery (2%)
A.2.
X is a member of the Social Security System (SSS). In 2015, he died

without any spouse or children. Prior to the semester of his death, X had
paid 36 monthly contributions. His mother, M, who had previously been
receiving regular support from X, filed a claim for the latter’s death
benefits.
(a) Is M entitled to claim death benefits from the SSS? Explain.
(2.5%)
(b) Assuming that X got married to his girlfriend a few days

before his death, is M entitled to claim death benefits from the
SSS? Explain. (2.5%)
A.3.
A, B, and C were hired as resident-doctors by MM Medical Center, Inc. In

the course of their engagement, A, B, and C maintained specific work
schedules as determined by the Medical Director. The hospital also
monitored their work through supervisors who gave them specific
instructions on how they should perform their respective tasks, including
diagnosis, treatment, and management of their patients.
One day A, B, and C approached the Medical Director and inquired about
the non-payment of their employment benefits. In response, the Medical
Director told them that they are not entitled to any because they are mere
"independent contractors" as expressly stipulated in the contracts which
they admittedly signed. As such, no employer-employee relationship exists
between them and the hospital.
(a) What is the control test in determining the existence of an

employer-employee? (2%)
(b) Is the Medical Director’s reliance on the contracts signed by

A, B, and C to refute the existence of an employer-employee
relationship correct? If not, are A, B, and C employees of MM
Medical Center, Inc.? explain. (3%)
A.4.
Mrs. B, the personal cook in the household of X, filed a monetary claim

against her employer, X, for denying her service incentive leave pay. X
argued that Mrs. B did not avail of any service incentive leave at the end of
her one (1) year of service and hence, not entitled to the said monetary
claim.
(a) Is the contention of X tenable? Explain. (2.5%)

(b) Assuming that Mrs. B is instead a clerk in X’s company with
at least 30 regular employees, will her monetary claim prosper?
Explain (2.5%)
A.5.
Ms. F, a sales assistant, is one of the eight (8) workers regularly employed
by ABC Convenience Store. She was required to report on December 25
and 30.
Should ABC Convenience Store pay her holiday pay? Explain.

(2.5%)
A.6.
D, one of the sales representatives of OP, Inc., was receiving a basic pay
of ₱50,000.00 a month, plus a 1% overriding commission on his actual
sales transactions. In addition, beginning three (3) months ago, or in
August 2019, D was able to receive a monthly gas and transportation
allowance of ₱5,000.00 despite the lack of any company therefor.
In November 2019, D approached his manager and asked for his gas and
transportation allowance for the month. The manager declined his request,
saying that the company had decided to discontinue the aforementioned
allowance considering the increased costs of its overhead expenses. In
response, D argued that OP, Inc.’s removal of the gas and transportation
allowance amounted to a violation of the rule on non-diminution of
benefits.
Is the argument of D tenable? Explain. (2.5%)
A.7.
W Gas Corp. is engaged in the manufacture and distribution to the general

public of various petroleum products. On January 1, 2010, W Gas Corp.
entered into a Service Agreement with Q Manpower Co., whereby the
latter undertook to provide utility workers for the maintenance of the
former’s manufacturing plant. Although the workers were hired by q
Manpower Co., they used the equipment owed by W gas Corp. in
performing their tasks, and were likewise subject to constant checking
based on W gas Corp.’s procedures.
On February 1, 2010, Mr. R, one of the utility workers, was dismissed from
employment in line with the termination of the Service Agreement between
W Gas Corp. and Q Manpower Co. Thus, Mr. R filed a complaint for illegal
dismissal against W Gas Corp., claiming that Q Manpower Co. is only a
labor-only contractor. In the course of the proceedings, W Gas Corp.
presented no evidence to prove Q manpower Co.’s capitalization.
(a) Is Q Manpower Co. a labor-only contractor? Explain. (2.5%)
(b)Will Mr. R’s complaint for illegal dismissal against W Gas

Corp. prosper? Explain. (2.5%)
A.8.
Ms. T was caught in the act of stealing the company property of her
employer. When Ms. T admitted to the commission of the said act to her
manager, the latter advised her to just tender her resignation; otherwise,
she would face an investigation which would likely lead to the termination
of her employment and the filing of criminal charges in court.
Acting on her manager’s advice, Ms. T submitted a letter of resignation.

Later on, Ms. T filed a case for constructive dismissal against her
employer. While Ms. T conceded that her manager spoke to her in a calm
and unforceful manner, she claimed that her resignation was not
completely voluntary because she was told that should she not resign, she
could be terminated from work for just cause and worse criminal charges
could be file against her.
(a) What is the difference between resignation and constructive

dismissal? (2%)
(b) Will Ms. T’s claim for constructive dismissal prosper?

Explain. (3%)
A.9.
After due proceedings, the Labor Arbiter (LA) declared Mr. K to have been
illegally dismissed by his former employer, AB, Inc. As a consequence, the
LA directed ABC, Inc. to pay Mr. K separation pay in lieu of reinstatement
as well as his full backwages.
While ABC, Inc. accepted the finding of illegal dismissal, it nevertheless

filed a motion for reconsideration, claiming that the LA erred in awarding
both separation pay and full backwages, and instead, should have ordered
Mr. K’s reinstatement to his former position without loss of seniority rights
and other privileges, but without payment of backwages. In this regard,
ABC, Inc. pointed out that the LA’s ruling did not contain any finding of
strained relations or that reinstatement was no longer feasible. In any
case, it appears that no evidence was presented on this score.
(a) Is ABC, Inc.’s contention to delete the separation pay, and

instead, order reinstatement without backwages correct?
Explain. (3%)
(b) Assuming than on appeal, the National Labor Relations

Commission (NLRC) upholds the decision of the LA, where,
how, and within what timeframe should ABC, Inc. assail the
NLRC ruling? (2%)
A.10.
For purposes of prescription, within what periods from the time the
cause of action accrued should the following cases be filed:
(a) Money claims arising from employer-employee relations

(1%)
(b) Illegal dismissal (1%)
(d) Offenses under the Labor Code (1%)
(e) Illegal recruitment (1%)
- END OF PART I -
PART II

in Booklet II.
B.11.
Briefly discuss the powers and responsibilities of the following in the

scheme of the Labor Code:
(a) Secretary of Labor (2%)
(b) Bureau of Labor Relations (2%)
(c) Voluntary Arbitrators (2%)
B.12.
Due to serious business reverses, ABC Co. decided to terminate the

services of several officers receiving "fat" compensation packages. One of
these officers was Mr. X, its Vice-President for External Affairs and a
member of the Board of Directors. Aggrieved, Mr. X filed a complaint for
illegal dismissal before the National labor Relations Commission (NLRC) –
Regional Arbitration Branch.
ABC Co. moved for the dismissal of the case on the ground of lack of
jurisdiction, asserting that since Mr. X occupied the position of Vice-
President for External Affairs which is listed in the by-laws of the
corporation, the case should have been tiled before the Regional Trial
Court.
The Labor Arbiter (LA) denied ABC Co.’s motion and proceeded to rule
that Mr. X was illegally dismissed. Hence, he was reinstated in ABC Co.’s
payroll pending its appeal to the NLRC.
(a) Did the LA err in denying ABC Co.’s motion to dismiss on
the ground of lack of jurisdiction? Explain. (2.5%)
(b) Assuming the LA’s ruling of illegal dismissal with finality,

may ABC Co. claim reimbursement for the amounts it paid to
Mr. X during the time that he was on payroll reinstatement
pending appeal? Explain. (2.5%)
B.13.
Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for
deployment as welding supervisor for DEF, Inc. located in Dubai. The
employment contract, which the Philippine Overseas Employment
Administration (POEA) approved, stipulated a salary of US$600.00 a
month.
Mr. A had only been in his job in Dubai for six (6) months when DEF, Inc.
announced that it was suffering from severe financial losses and thus
intended to retrench some of its workers, among them Mr. A. DEF, Inc.
hinted, however, that employees who would accept a lower salary could
be retained.
Together with some other Filipino workers, Mr. A agreed to a reduced

salary of US$400.00 a month and thus, continued with his employment.
(a) Was the reduction of Mr. A’s salary valid? Explain. (2.5%)
(b) Assuming that the reduction was invalid, may Mr. A hold
XYZ recruitment Co. liable for underpayment of wages? Explain.
(2.5%)
B.14.
Upon a review of the wage rate and structure pertaining to its regular rank
and file employees, K Corporation found it necessary to increase its hiring
rates for employees belonging to the different job classification levels to
make their salary rates more competitive in the labor market.
After the implementation of the new hiring salary, Union X, the exclusive
bargaining agent of the rank and file employees, demanded a similar
salary adjustment for the old employees. It argued that the increase in
hiring rates resulted in wage distortion since it erased the wage gap
between the new and old employees. In other words, new employees
would enjoy almost the same salary rates as K Corporation’s old
employees.
(a) What is wage distortion? (2%)
(b) Did a wage distortion arise under the circumstances which

legally obligated K Corporation to rectify the wages of its old
employees? Explain. (3%)
B.15.
On December 1, 2018, GHI Co., an organized establishment, and Union J,

the exclusive bargaining agent therein executed a five (5)-year collective
bargaining agreement (CBA) which, after ratification, was registered with
the Bureau of Labor Relations.
(a) When can the union ask, at the earliest, for the renegotiation
of all terms of the CBA, except its representation aspect?
Explain. (2.5%)
(b) When is the earliest time that another union can file for a
petition for certification election? Explain. (2.5%)
B.16.
W Ship Management, Inc. hired Seafarer G as bosun in its vessel under

the terms of the 2010 Philippine Overseas Employment Administration –
Standard Employment Contract (POEA-SEC).
On his sixth (6th) month on board, Seafarer G fell ill while working. In
particular, he complained of stomach pain, general weakness, and fresh
blood in his stool. When his illness persisted, he was medically repatriated
on January 15, 2018. On the same day, Seafarer G submitted himself to a
post-employment medical examination, wherein he was referred for further
treatment. As of September 30, 2018, Seafarer G has yet to be issued any
fit-to-work certification by the company-designated physician, much less a
final and definite assessment of his actual condition. Since Seafarer G still
felt unwell, he sought an opinion from a doctor of his choice who later
issued an independent assessment stating that he was totally and
permanently disabled due to his illness sustained during work.
Seafarer G then proceeded to file a claim for total and permanent disability
compensation. The company asserts that the claim should be dismissed
due to prematurity since Seafarer g failed to first settle the matter through
the third-doctor conflict resolution procedure as provided under the 2010
POEA-SEC.
(a) What is the third-doctor conflict resolution procedure under

the 2010 POEA-SEC? Explain. (2%)
(b) Will Seafarer G’s claim for total and permanent disability
benefits prosper despite his failure to first settle the matter
through the third-doctor conflict resolution procedure? Explain.
(3%)
(c) Assuming that Seafarer G failed to submit himself to a post-

employment medical examination within three (3) working days
from his return, what is the consequence thereof to his claim?
Explain. (2%)
B.17.
Ms. A is a volleyball coach with five (5) years of experience in her field.
Before the start of the volleyball season of 2015, she was hired for the sole
purpose of overseeing the training and coaching of the University’s
volleyball team. During her hiring, the Vice-President for Sports expressed
to Ms. A the University’s expectation that she would bring the University a
championship at the end of the year.
In her first volleyball season, the University placed ninth (9th) out of 10
participating teams. Soon after the end of the season, the Vice-president
for Sports informed Ms. A that she was a mere probationary employee and
hence, she need not come back for the next season because of the poor
performance of the team.
In any case, the Vice-President for Sports claimed that Ms. A was a fixed-
term employee whose contract had ended at the close of the year.
(a) Is Ms. A a probationary, fixed-term, or regular employee?
Explain your reasons as to why she is or she is not such kind of
an employee for each of the types of employment given, (5%)
(b) Assuming that Ms. A was dismissed by the University for

serious misconduct but was never given a notice to explain,
what is the consequence of a procedurally infirm dismissal
from service under our labor law and jurisprudence? Explain.
(2%)
B.18.
When resolving a case of unfair labor practice (ULP) filed by a

union, what should be the critical point of analysis to determine
if an act constitutes ULP? (2.5%)
B.19.
Because of dwindling sales and the consequent limitation of productions,

rumors were rife that XYZ, Inc. would reduce its employee force. The next
day, the employees of XYZ, Inc. received a notice that the company will
have a winding down period of 10 days, after which there will be a six (6)-
month suspension of operations to allow the company to address its
precarious financial position.
On the fourth (4th) month of suspension of its operations XYZ, Inc. posted
announcement that it will resume its operations in 60 days but at the same
time announced that instead of closing down due to financial losses, it will
retrench 50% of the work force.
(a) Is the announcement that there would be retrenchment

affecting 50% of the work force sufficient compliance with the
legal requirements for retrenchment? Explain. (2.5%)
(b) Assuming that XYZ, Inc., instead of retrenchment, extended

the suspension of its operations from six (6) months to eight (8)
months, would the same be legally permissible? If not, what are
the consequences? (2.5%)
B.20.
Discuss the differences between compulsory and
voluntary/optional retirement as well as the minimum benefits
provided under the Labor Code for retiring employees of private
establishments. (2.5%)
- END OF PART II -
Nothing follows

CIVIL LAW
November 10, 2019 8:00 A.M. - 12:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
In January 2018, Mrs. A, a married woman on her sixth (6th) month of

pregnancy, was crossing a street when she was suddenly hit by a car
being recklessly driven by Mr. X. As a result, Mrs. A sustained serious
injuries and further, suffered an unintentional abortion. Mrs. A was
hospitalized for two (2) months, during which she incurred ₱400,000.00 in
medical fees. Her expenses were all duly substantiated by official receipts.
During the two (2)-month period of her confinement, she was unable to
report for work and earn any salary, which was established at the rate of
₱50,000.00 per month. Mrs. A then filed a civil case for damages against
Mr. X.
(a) Based on the case filed by Mrs. A, what is the source of Mr.
X's obligation to her as a result of his acts? Explain. (2%)
(b) May Mrs. A claim actual damages from Mr. X? If so, how
much can Mrs. A claim? Explain. (2%)
(c) May Mrs. A claim damages on behalf of her unborn baby?
Explain. (3%)
(d) What must Mrs. A prove if she wants to recover moral

damages from Mr. X? (2%)
A.2.
Hand W were married in 1990. H, being a member of the Armed Forces of

the Philippines (AFP), was deployed to a rebel-infested area in 1992.
Since then, W has not heard from her husband, H.
One day, the AFP informed W that H had been declared missing since
1995. In consequence, W diligently pursued all available means to
ascertain her husband's whereabouts, but to no avail.
Firmly believing that H had already died, W filed a claim before the AFP in
2008 for the death benefits of the missing serviceman. However, the AFP,
despite being cognizant of H's status, would not act on the claim,
contending that H could not be presumed dead unless a judicial
declaration to this effect is issued by the proper court.
In what instance/s is a judicial declaration of presumptive death

necessary? In this case, is the contention of the AFP correct?
Explain. (3%)
A.3.
Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their
marriage, Mr. Reyes cohabited with another woman, Ms. Cruz. Out of Mr.
Reyes and Ms. Cruz's illicit relationship, a child named C was born. In C's
birth certificate, "Cruz" appears as the child's surname, although Mr.
Reyes expressly acknowledged C as his child.
In 2018, Mr. Reyes and Ms. Cruz ended their relationship. Mr. Reyes
thereafter lodged a petition in court for parental custody and change or
correction of C's surname in the child's birth certificate from "Cruz" to
"Reyes." At that time, C was only ten (10) years old.
(a) Should Mr. Reyes be granted custody of C? Explain. (2.5%)

(b) Can Mr. Reyes validly compel the change or correction of
C's surname from "Cruz" to "Reyes"? Explain. (2.5%)
A.4.
F, a Filipina, married J, a Japanese, in the Philippines. After three (3)

years, they had a falling out and thus, separated. Soon after, F initiated a
divorce petition in Japan which was not opposed by J because under
Japanese law, a grant of divorce will capacitate him to remarry. F's divorce
petition was then granted by the Japanese court with finality.
May the legal effects of the divorce decree be recognized in the

Philippines, and consequently, capacitate F to remarry here?
Explain. (3%)
A.5.
X and Y were in a live-in relationship for the longest time, and were
already blessed with a child, Z. They finally decided to get married on
March 15, 2020. When X's parents found about the news, they were
thrilled and thus, donated in favor of Z, the family heirloom, particularly, a
gold ring valued at ₱250,000.00, which X and Y orally accepted on behalf
of their minor child. One day, X and Y got into a serious quarrel, which
resulted in them setting aside their marriage plans.
(a) Is the donation to Z valid? Explain. (3%)
(b) Assuming that the donation to Z is valid, may X's parents

revoke the donation on the ground that the marriage of X with Y
did not push through? Explain. (3%)
A.6.
Name at least two (2) exclusions from the following property regimes
as enumerated under the Family Code:
(a) Absolute community of property (2%)
(b) Conjugal partnership of gains (2%)

A.7.
Believing that he owned a certain parcel of land and completely unaware

of any defect in his title thereto, Mr. A started to build a house thereon.
When Mr. P, the real owner of the land learned of Mr. A's actions, Mr. P
immediately demanded Mr. A to leave the premises. However, Mr. A
refused to leave, and instead, asserted that as a builder in good faith, Mr.
P is obliged to sell the land to him.
(a) Is the claim of Mr. A correct? Explain. (3%)
(b) Assuming that Mr. P all the while, knew but did not object to
Mr. A's construction of the house on his property, may Mr. A
compel Mr. P to purchase the said improvement due to Mr. P's
bad faith? Explain. (3%)
A.8.
Mr. E leased a piece of land from Mr. F to be used for his sawmill business
for a period of ten (10) years. Consequently, Mr. E placed heavy
machineries thereon to be used for his aforementioned business, with the
intention of removing them after the expiration of the lease period.
Are Mr. E's heavy machineries considered real properties under

the Civil Code? Explain. (3%)
A.9.
Ms. U is a usufructuary of a piece of land owned by Mr. L. During the

existence of the usufruct, Ms. U introduced various useful improvements
on the land. Upon termination of the usufruct, Mr. L requested Ms. U to
remove the said improvements, but Ms. U refused, demanding instead that
Mr. L reimburse her the value of the same.
(a) What is a usufruct? (2%)
(b) Is Ms. U's demand proper? Explain. (3%)
A.10.
Village Hand Village L are adjoining residential villages in a mountainous
portion of Antipolo City, Rizal, with Village L being lower in elevation than
Village H. In an effort to beautify Village H, its developer, X, Inc.,
constructed a clubhouse which included an Olympic-sized swimming pool
and an artificial lagoon on a portion of land overlooking Village L.
During the monsoon season, the continuous heavy rains caused Village
H's swimming pool and artificial lagoon to overflow, resulting into a
massive spillover that damaged various properties in Village L. Aggrieved,
the homeowners of Village L filed a complaint for damages against X, Inc.
In defense, X, Inc. contended that pursuant to the Civil Code, Village L, as
the lower estate, was obliged to receive the waters descending from
Village H, the higher estate. Hence, it cannot be held liable for damages.
Is X, Inc.'s position tenable? Explain. (3%)
- END OF PART I -
PART II

in Booklet II.
B.11.
Mr. R is the registered owner of a parcel of land located in Cebu City

covered by Transfer Certificate of Title (TCT) No. 1234 issued in 1955.
Since his acquisition of the lot, Mr. R and his family had been in
continuous, open, and peaceful possession thereof. Mr. R died in 1980,
resulting in the land being transferred in the names of his heirs, i.e., A, B,
and C, who became registered owners thereof as per TCT No. 5678.
During the entire time, said land had never been encumbered or disposed,
and that its possession always remained with them.
Sometime in 1999, A, B, and C wanted to build a concrete fence around

the parcel of land, but they were opposed by Mrs. X, who started claiming
ownership over the same property on the strength of a Deed of Absolute
Sale purportedly entered into by her with Mr. R during the time that he was
still alive. Aggrieved, A, B, and C intend to file a complaint for quieting of
title against Mrs. X.
(a) What are the substantive requisites for the action to

prosper? Do they obtain in this case? Explain. (3%)
(b) Within what period should A, B, and C tile the complaint for
quieting of title? Explain. (2%)
(c) Assuming that Band Care residing abroad, may A, without

the knowledge of B and C, file the complaint for quieting of title
on behalf of all the heirs? Explain. (2%)
B.12.
D, an Overseas Filipino Worker, was on his way home to the Philippines

after working for so many years in the Middle East. He had saved
₱100,000.00 in his local savings account which he intended to use to start
up a business in his home country. On his flight home, tragedy struck as a
suicide bomber blew up the plane. All the passengers, including D, died.
He left behind his widowed mother M; his common-law wife, W, who is the
mother of his twin sons, T and S; and his brother, B. He left no will, no
debts, no other relatives, and no other properties except the money in his
savings account.
Who are the heirs entitled to inherit from D and how much
should each receive? Explain. (5%)
B.13.
M, single, named his sister N in his will, as a devisee over a certain parcel
of land that he owned, with the obligation of preserving the land and
transferring it, upon N's death, to her illegitimate daughter 0, who was then
only a year old.
Is the condition imposed on N to preserve the land and to

transmit it upon her death to O a valid case of fideicommissary
substitution? Explain. (3%)
B.14.
Prior to his death, H, married to W, with children X, Y, and Z, executed a

holographic will entirely written, dated, and signed by him. In his will, H
instituted W, X, and Y as his heirs, and consequently, made testamentary
dispositions in their favor. H, however, expressly disinherited Z on the
ground that the latter once filed a civil case against him in order to collect a
particular sum of money he previously owed Z.
(a) Was the disinheritance of Z proper? Explain. (3%)
(b) Assuming that the disinheritance of Z was improper, how

will it affect the institution of heirs and testamentary
dispositions made in H's will? Explain. (3%)
B.15.
Mr. P offered to sell his Manila Polo Club shares to Ms. Q for
₱2,500,000.00. Ms. Q accepted on the condition that their agreement will
not take effect until after one (1) year. Mr. P then acceded and both of
them shook hands. Excited about the prospect of acquiring Mr. P's shares,
Ms. Q approached the former and offered to pay him an earnest money
equivalent to 1 % of the purchase price, which Mr. P accepted. After one
(1) year, Ms. Q approached Mr. P seeking the enforcement of their
agreement for Mr. P to sell his shares to her. Mr. P refused to honor their
agreement, claiming that the same was covered by the Statute of Frauds
because it was not reduced into writing and hence, unenforceable.
Is the position of Mr. P correct? Explain. (3%)
B.16.
C Corp. entered into a contract with D, Inc. for the construction of the
latter's production warehouse. In consideration thereof, D, Inc. was obliged
to pay C Corp. the amount of ₱50,000,000.00 within a period of one (1)
month from the time of the project's completion. To secure the payment of
the said sum, D, Inc. entered into a surety agreement with S Company.
After more than a month from the completion date of the project, C Corp.
remained unpaid. Claiming that it was suffering from serious financial
reverses, D, Inc. asked C Corp. for an extension of three (3) months to pay
the ₱50,000,000.00 it still owed, to which C Corp. agreed. However, after
more than three (3) months, D, Inc. still refused to pay. Hence, C Corp.
proceeded to collect the above sum from the surety, S Company.
For its part, S Company refused the claim and raised the defense that the
extension of time granted by C Corp. to D, Inc. without its consent
released it from liability.
(a) Will the defense of S Company against the claim bold water?
Explain. (3%)
(b) Assuming that S Company instead refused the claim on the

ground that C Corp. has yet to exhaust D, Inc.'s property to
satisfy the claim before proceeding against it, will this defense
prosper? Explain. (2%)
B.17.
In 2015, O, the original registered owner of a 300-square meter property

covered by Original Certificate of Title (OCT) No. 0-1234, appointed F as
its caretaker. A year after, while O was abroad, F surreptitiously broke
open O's safe and stole the duplicate copy of the said OCT. F then forged
a Deed of Absolute Sale and made it appear that O sold the property to
him. Consequently, F was able to have OCT No. 0-1234 cancelled and in
lieu thereof, a new title, Transfer Certificate of Title (TCT) No. T-4321, was
issued in his name.
A few months after, F offered the property for sale to X. After conducting
the required due diligence to verify the title of F, and finding no occupant in
the property during ocular inspection, X signed the contract of sale, and
thereupon, fully paid the purchase price. A few days later, X was able to
obtain TCT No. T-5678 under his name.
When O discovered F's fraudulent acts upon his return in 2017, O
immediately filed a complaint for reconveyance against F and X, principally
pointing out that F merely forged his signature in the Deed of Absolute
Sale purportedly made in F's favor and thus, F could not have validly
transferred the title thereof to X. Consequently, he sought the return of the
subject property to him.
(a) Will the prayer of O for the return of the subject property
prosper? Explain. (3%)
(b) Assuming that O could no longer recover the subject

property in view of X's registration thereof in his name, may a
claim against the Assurance Fund pursuant to the provisions of
the Property Registration Decree be instituted? Explain. (3%)
B.18.
In light of a new business venture, Mr. A entered into a lease contract with
Mr. B involving one of the latter's warehouses. One day, Mr. B, who was
then encountering financial difficulties, approached Mr. A and sought for a
loan, which Mr. A readily granted to him. In order to secure the loan
obligation, Mr. B mortgaged the leased warehouse in favor of Mr. A. In
addition, Mr. B executed a promissory note in favor of A, wherein prior
demand was waived by him.
When Mr. B defaulted on his loan obligation, Mr. A simply stopped paying
rentals due to Mr. B on the ground that legal compensation had already
set in up to the concurrent amount. Furthermore, since there was still a
balance due on the promissory note, Mr. A foreclosed the real estate
mortgage over Mr. B's property, without any prior demand furnished to Mr.
B.
Aggrieved, Mr. B opposed the foreclosure due to the lack of prior demand,
contending that the waiver of prior demand was stipulated in the
promissory note and not in the mortgage instrument. Mr. B likewise argued
that when Mr. A invoked legal compensation between the unpaid rentals
and the loan arrearages, it amounted to a novation that resulted in the
extinguishment of the loan contract between them. As such, the real estate
mortgage, being a mere accessory contract to the principal loan, was
necessarily extinguished.
(a) May Mr. A validly claim legal compensation? Explain. (2%)
(b) May Mr. A validly foreclose on the real estate mortgage even
without prior demand to Mr. B? Explain. (2%)
(c) Is Mr. B's claim of novation correct? Explain. (2%)
B.19.
Mr. A entered into a lease contract covering one of his commercial

buildings with XYZ Company, a partnership composed of X, Y, and Z, as
lessee, for use as an office space. Upon failure to receive the rental
payments when they fell due, Mr. A immediately sought payment of the
same from X, Y, and Z, asserting that the individual partners are solidarily
liable together with the partnership for its debts.
X, Y, and Z disagreed with Mr. A's contention, arguing further that in any
event, rentals should not be paid up until Mr. A makes the necessary
arrangements for the repair of the defective electrical wirings in the office
that caused power outages and hence, made it difficult, if not impossible,
for them to conduct their usual business operations.
Rule on the parties' respective arguments. (5%)
B.20.
Distinguish the following:
(a) Contract of sale and contract to sell (2%)
(b) Interruption and tolling of prescription of actions (2%)
- END OF PART II -
Nothing follows

TAXATION LAW
November 10, 2019 2:00 P.M. - 6:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
On October 5, 2016, the Bureau of Internal Revenue (BIR) sent KLM Corp.
a Final Assessment Notice (FAN), stating that after its audit pursuant to a
Letter of Authority duly issued therefor, KLM Corp. had deficiency value-
added and withholding taxes. Subsequently, a warrant of distraint and/or
levy was issued against KLM Corp. KLM Corp. opposed the actions of the
BIR on the ground that it was not accorded due process because it did not
even receive a Preliminary Assessment Notice (PAN) after the BIR' s
investigation, which the BIR admitted.:
(a) Distinguish a PAN from a FAN.(2%)
(b) Are the deficiency tax assessment and warrant of distraint

and/or levy issued against KLM Corp. valid? Explain. (3%)
A.2.
For purposes of value-added tax, define, explain or distinguish the

following terms:
(a) Input tax and output tax (3%)
(b) Zero-rated and effectively zero-rated transactions (3%)
(c) Destination principle (3%)
A.3.
All the homeowners belonging to ABC Village Homeowners' Association

elected a new set of members of the Board of Trustees for the Association
effective January 2019. The first thing that the Board looked into is the
need to increase the prevailing association dues. Mr. X, one of the
trustees, proposed an increase of 100% to account for the payment of the
12% value-added tax (VAT) on the association dues which were being
collected for services allegedly rendered "in the course of trade or
business" by ABC Village Homeowners' Association.
(a) What constitutes transactions done "in the course of trade

or business" for purposes of applying VAT?(2%)
(b) Is Mr. X correct in stating that the association dues are

subject to VAT? Explain. (3%)
A.4.
Due to rising liquidity problems and pressure from its concerned suppliers,
P Corp. instituted a flash auction sale of its shares of stock. P Corp. was
then able to sell its treasury shares to Z, Inc., an unrelated corporation, for
Pl,000,000.00, which was only a little below the valuation of P Corp. 's
shares based on its latest audited financial statements. In connection
therewith, P Corp. sought a Bureau of Internal Revenue ruling to confirm
that, notwithstanding the price difference between the selling price of the
shares and their book value, the said transaction falls under one of the
recognized exemptions to donor's tax under the Tax Code.
(a) Cite the instances under the Tax Code where gifts made are
exempt from donor's tax.(3%)
(b) Does the above transaction fall under any of the

exemptions? Explain. (2%)
A.5.
A, a resident Filipino citizen, died in December 2018. A's only assets

consist of a house and lot in Alabang, where his heirs currently reside, as
well as a house in Los Angeles, California, USA. In computing A's taxable
net estate, his heirs only deducted: 1. ₱10,000,000.00 constituting the
value of their house in Alabang as their family home; and 2. ₱200,000.00
in funeral expenses because no other expenses could be substantiated.
(a) Are both deductions claimed by A's heirs correct?

Explain.(2%)
(b) May a standard deduction be claimed by A's heirs? If so,

how much and what proof needs to be presented for the same
to be validly made?(2%)
(c) In determining the gross estate of A, should the heirs

include A's house in Los Angeles, California, USA?
Explain.(2%)
A.6.
XYZ Air, a 100% foreign-owned airline company based and registered in

Netherlands, is engaged in the international airline business and is a
member signatory of the International Air Transport Association. Its
commercial airplanes neither operate within the Philippine territory nor are
its service passengers embarking from Philippine airports. Nevertheless,
XYZ Air is able to sell its airplane tickets in the Philippines through ABC
Agency, its general agent in the Philippines. As XYZ Air's ticket sales, sold
through ABC Agency for the year 2013, amounted to ₱5,000,000.00, the
Bureau of Internal Revenue (BIR) assessed XYZ Air deficiency income
taxes on the ground that the income from the said sales constituted
income derived from sources within the Philippines.
Aggrieved, XYZ Air filed a protest, arguing that, as a non-resident foreign

corporation, it should only be taxed for income derived from sources within
the Philippines. However, since it only serviced passengers outside the
Philippine territory, the situs of the income from its ticket sales should be
considered outside the Philippines. Hence, no income tax should be
imposed on the same.
Is XYZ Air's protest meritorious? Explain.(5%)
A.7.
Differentiate tax exclusions from tax deductions.(3%)
A.8.
B transferred his ownership over a 1,000-square meter commercial land

and three-door apartment to ABC Corp., a family corporation of which B is
a stockholder. The transfer was in exchange of 10,000 shares of stock of
ABC Corp. As a result, B acquired 51 % ownership of ABC Corp., with all
the shares of stock having the right to vote. B paid no tax on the
exchange, maintaining that it is a tax avoidance scheme allowed under the
law. The Bureau of Internal Revenue, on the other hand, insisted that B's
alleged scheme amounted to tax evasion.
Should B pay taxes on the exchange? Explain.(3%)
A.9.
GHI, Inc. is a corporation authorized to engage in the business of

manufacturing ultra-high density microprocessor unit packages. After its
registration on July 5, 2005, GHI, Inc. constructed buildings and purchased
machineries and equipment. As of December 31, 2005, the total cost of
the machineries and equipment amounted to ₱250,000,000.00. However,
GHI, Inc. failed to commence operations. Its factory was temporarily
closed effective September 15, 2010. On October 1, 2010, it sold its
machineries and equipment to JKL Integrated for ₱300,000,000.00.
Thereafter, GHI, Inc. was dissolved on November 30, 2010.
(a) Is the sale of the machineries and equipment to JKL

Integrated subject to normal corporate income tax or capital
gains tax? Explain. (3%)
(b) Distinguish an ordinary asset from a capital asset.(2%)
A.10.
In 2018, City X amended its Revenue Code to include a new provision

imposing a tax on every sale of merchandise by a wholesaler based on the
total selling price of the goods, inclusive of value-added taxes (VAT). ABC
Corp., a wholesaler operating within City X, challenged the new provision
based on the following contentions: 1. the new provision is a form of
prohibited double taxation because it essentially amounts to City X
imposing VAT which was already being levied by the national government;
and 2. since the tax being imposed is akin to VAT, it is beyond the power
of City X to levy the same
Rule on each of ABC Corp.'s contentions. (5%)
- END OF PART I -
PART II

in Booklet II.
B.11.
Mr. D, a Filipino amateur boxer, joined an Olympic qualifying tournament

held in Las Vegas, USA, where he won the gold medal. Pleased with Mr.
D's accomplishment, the Philippine Government, through the Philippine
Olympic Committee, awarded him a cash prize amounting to
₱1,000,000.00. Upon receipt of the funds, he went to a casino in Pasay
City and won the ₱30,000,000.00 jackpot in the slot machine. The next
day, he went to a nearby Lotto outlet and bought a Lotto ticket which won
him a cash prize of ₱5,000.00.
Which of the above sums of money is/are subject to income

tax? Explain. (5%)
B.12.
JKL-Philippines is a domestic corporation affiliated with JKL-Japan, a

Japan-based information technology company with affiliates across the
world. Mr. F is a Filipino engineer employed by JKL-Philippines. In 2018,
Mr. F was sent to the Tokyo branch of JKL-Japan based on a contract
entered into between the two (2) companies. Under the said contract, Mr.
F would be compensated by JKL-Philippines for the months spent in the
Philippines, and by JKL-Japan for months spent in Japan. For the entirety
of 2018, Mr. F spent ten (10) months in the Tokyo branch.
On the other hand, Mr. J, a Japanese engineer employed by JKL-Japan,

was sent to Manila to work with JKL-Philippines as a technical consultant.
Based on the contract between the two (2) companies, Mr. J's annual
compensation would still be paid by JKL-Japan. However, he would be
paid additional compensation by JKL-Philippines for the months spent
working as a consultant. For 2018, Mr. J stayed in the Philippines for five
(5) months.
In 2019, the Bureau of Internal Revenue (BIR) assessed JKL-Philippines

for deficiency withholding taxes for both Mr. F and Mr. J for the year 2018.
As to Mr. F, the BIR argued that he is a resident citizen; hence, his income
tax should be based on his worldwide income. As to Mr. J, the BIR argued
that he is a resident alien; hence, his income tax should be based on his
income from sources within the Philippines at the schedular rate under
Section 24 (A) (2) of the Tax Code, as amended by Republic Act No.
10963, or the "Tax Reform for Acceleration and Inclusion" Law.
(a) ls the BIR correct in basing its income tax assessment on

Mr. F's worldwide income? Explain. (3%)
(b) Is the BIR correct in basing its income tax assessment on

Mr. J's income within the Philippines at the schedular rate?
Explain. (3%)
B.13.
As a way to augment the income of the employees of DEF, Inc., a private

corporation, the management decided to grant a special stipend of
₱50,000.00 for the first vacation leave that any employee takes during a
given calendar year. In addition, the senior engineers were also given
housing inside the factory compound for the purpose of ensuring that there
are available engineers within the premises every time there is a
breakdown in the factory machineries and equipment.
(a) Is the special stipend part of the taxable income of the

employees receiving the same? If so, what tax is applicable and
what is the tax rate? Explain. (3%)
(b) Is the cash equivalent value of the housing facilities

received by the senior engineers subject to fringe benefits tax?
Explain. (3%)
B.14.
City R owns a piece of land which it leased to V Corp. In turn, V Corp.

constructed a public market thereon and leased the stalls to vendors and
small storeowners. The City Assessor then issued a notice of assessment
against V Corp. for the payment of real property taxes (RPT) accruing on
the public market building, as well as on the land where said market
stands.
Is the City Assessor correct in including the land in its

assessment of RPT against V Corp., even if the same is owned
by City R? Explain. (3%)
B.15.
Mr. C is employed as a Chief Executive Officer of MNO Company,

receiving an annual compensation of ₱10,000,000.00, while Mr. S is a
security guard in the same company earning an annual compensation of
₱200,000.00. Both of them source their income only from their
employment with MNO Company.
(a) At the end of the year, is Mr. C personally required to file an

annual income tax return? Explain. (2.5%)
(b) How about Mr. S? Is he personally required to file an annual

income tax return? Explain. (2.5%)
B.16.
(a) Differentiate between a calendar year and a fiscal year.

(2.5%)
(b) When is the deadline for the filing of a corporation's final

adjustment return for a calendar year? How about for a fiscal
year? (2.5%)
B.17.
XYZ Corp. is listed as a top 20,000 Philippine corporation by the Bureau of

Internal Revenue. It secured a loan from ABC Bank with a 6% per annum
interest. All interest payments made by XYZ Corp. to ABC Bank is subject
to a 2% creditable withholding tax. At the same time, XYZ Corp. has a
trust deposit with ABC Bank in the amount of ₱100,000,000.00, which
earns 2% interest per annum, but is subject to a 20% final withholding tax
on the interest income received by XYZ Corp.
(a) Who are the withholding agents in the case of: 1. the 20%
final withholding tax; and 2. the 2% creditable withholding tax?
Explain. (2.5%)
(a) When is the deadline for filing a judicial claim for refund for
any excess or erroneous taxes paid in the case of: 1. the 20%
final withholding tax; and 2. the 2% creditable withholding tax?
(2.5%)
B.18.
After a Bureau of Internal Revenue (BIR) audit, T Corp., a domestic

corporation engaged in buying and selling of scrap metals, was found to
have deficiency income tax of ₱25,000,000.00, including interests and
penalties, for the year 2012. For 2012, T Corp. filed its income tax return
(ITR) on April 15, 2013 because it used the calendar year for its
accounting. The BIR sent the Preliminary Assessment Notice (PAN) on
December 23, 2015, and eventually, the Final Assessment Notice (FAN)
on April 11, 2016, which were received by T Corp. on the same dates that
they were sent. Upon receipt of the FAN, T Corp. filed its protest letter on
June 25, 2016.
Thereafter, and without action from the Commissioner of Internal Revenue
(CIR), T Corp. filed a petition for review before the Court of Tax Appeals,
alleging that the assessment has prescribed. For its part, the CIR moved
to dismiss the case, pointing out that the assessment had already become
final because the protest was filed beyond the allowable period.
(a) Is T Corp.'s contention regarding the prescription of the

assessment meritorious? Explain. (2.5%)
(b) Should the CIR's motion to dismiss be granted? Explain.

(2.5%)
B.19.
On May 10, 2011, the final withholding tax for certain income payments to
W Corp. was withheld and remitted to the Bureau of Internal Revenue
(BIR), and the corresponding return therefor was concomitantly filed on the
same date. Upon discovering that the amount withheld was excessive, W
Corp. filed with the BIR a claim for refund for erroneously withheld and
collected final withholding income tax on May 3, 2013. A week after, and
without waiting for any decision from the Commissioner of Internal
Revenue (CIR), W Corp. filed a petition for review before the Court of Tax
Appeals (CTA) to make sure that the petition was filed within the two (2)-
year period for claiming refunds.
In resisting the claim, the BIR contended that the claim must be dismissed
by the CT A on the ground of non-exhaustion of administrative remedies
because it did not give the CIR the opportunity to act on the claim of
refund.
(a) Is the BIR's contention meritorious? Explain. (2.5%)
(b) Assuming that the claim for refund filed by W Corp. is for
excess and/or unutilized input VAT for the second quarter of
2011, and for which the return was timely filed on July 25, 2011,
would your answer be the same? Explain. (2.5%)
B.20.
ABC, Inc. owns a 950-square meter commercial lot in Quezon City. It

received a notice of assessment from the City Assessor, subjecting the
property to real property taxes (RPT). Believing that the assessment was
erroneous, ABC, Inc. filed a protest with the City Treasurer. However, for
failure to pay the RPT, the City Treasurer dismissed the protest.
(a) Was the City Treasurer correct in dismissing ABC, Inc.'s

protest? Explain. (2.5%)
(b) Assuming that ABC, Inc. decides to appeal the dismissal,

where should the appeal be filed? (2.5%)
- END OF PART II -
Nothing follows
MERCANTILE LAW
November 17, 2019 8:00 A.M. - 12:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
Define the following terms:
(a) Trust fund doctrine (2%)
(b) Unfair competition (2%)
(c) Insurable interest in property (2%)
(d) Splitting of deposits (2%)
A.2.
In May 2018, ABC Corp. entered into a merchandising contract which

terms and conditions were totally lopsided in favor of the counterparty,
XYZ, Inc. As a result, ABC Corp. suffered tremendous financial losses.
A year after, or in May 2019, Mr. X became a stockholder of ABC Corp.

Learning about the circumstances surrounding the merchandising
contract, Mr. X filed a derivative suit against ABC Corp. 's directors to
claim damages on behalf of ABC Corp. due to their mismanagement.
(a) What is a derivative suit? (2%)
(b) Was Mr. X's filing of a derivative suit proper? Explain. (3%)
A.3.
In June 2018, DEF Corp. sent notices to its stockholders informing them of
the corporation's issuance of new shares of stock. The notice included a
reminder that, pursuant to DEF Corp.' s Articles of Incorporation, any
stockholder who fails to exercise his or her pre-emptive right within three
(3) weeks from receipt of notice would be considered to have waived the
same.
Ms. Z, a stockholder of DEF Corp., failed to exercise her pre-emptive right

within the said period. However, she claimed that she did not validly waive
her right to do so because a waiver must be expressed in writing.
(a) Explain the concept of pre-emptive right under the

Corporation Code. (2 %)
(b) Is Ms. Z's contention correct? Explain. (3%)
A.4.
In 2016, X Corp. obtained a loan worth ₱50,000,000.00 from J Bank,

which was secured by a third-party mortgage executed by Y, Inc. in favor
of X Corp. Since X Corp. was not able to settle its loan obligation to J Bank
when it fell due, and despite numerous demands, J Bank foreclosed the
mortgaged properties. The properties were sold in a foreclosure sale for
₱35,000,000.00, thereby leaving a ₱15,000,000.00 deficiency. For failure
of X Corp. to pay said deficiency, J Bank filed a complaint for sum of
money against X Corp., its President, Mr. P, and Y, Inc.
With respect to Mr. P, J Bank argued that he should be held solidarily

liable together with X Corp. because he signed the loan document on
behalf of X Corp. in his capacity as President. On the other hand, J Bank
contended that Y, Inc. should also be held solidarily liable because the
shareholdings of both corporations are identically owned and their
operations are controlled by the same people; hence, Y, Inc. is a mere
alter ego of X Corp.
(a) Should Mr. P be held liable? Explain. (2.5%)
(b) Should Y, Inc. be held liable? Explain. (2.5%)
A.5.
Mr. Y filed a case captioned as "Injunction with Prayer for Status

Quo Order, Temporary Restraining Order and Damages" against Z
Company to prohibit the latter from selling shares which Mr. Y purportedly
bought from Z Company. Mr. Y alleged that the subscription for the said
shares was already partly paid by him, but the subject shares were
nonetheless being offered for sale by Z Company to the corporation's
other stockholders.
(a) Is the case filed by Mr. Y against Z Company considered an

intra-corporate dispute? Explain. (2.5%)
(b) Assuming that it was Z Company which instead filed a case

against Mr. Y in order to collect the unpaid balance of his stock
subscriptions, is the case considered an intra-corporate
dispute? Explain. (2.5%)
A.6.
In January 2016, Mr. H was issued a life insurance policy by XYZ

Insurance Co., wherein his wife, Mrs. W, was designated as the sole
beneficiary. Unbeknownst to XYZ Insurance Co., however, Mr. H had been
previously diagnosed with colon cancer, the fact of which Mr. H had
concealed during the entire time his insurance policy was being
processed.
In January 2019, Mr. H unfortunately committed suicide. Due to her

husband's death, Mrs. W, as beneficiary, filed a claim with XYZ Insurance
Co. to recover the proceeds of the late Mr. H's life insurance policy.
However, XYZ Insurance Co. resisted the claim, contending that: 1. the
policy is void ab initio because Mr. H fraudulently concealed or
misrepresented his medical condition, i.e., his colon cancer; and 2. as an
insurer in a life insurance policy, it cannot be held liable in case of suicide.
Rule on each of XYZ Insurance Co.'s contentions. (5%)
Rule on each of XYZ Insurance Co.'s contentions. (5%)
A.7.
Ms. J offered to sell her car to Ms. K, an interested buyer. Consequently,

Ms. J emailed Ms. K a copy of the proposed Deed of Sale covering the
same. After agreeing to its terms, Ms. K printed and then signed the
emailed copy of the Deed of Sale. She then faxed it to Ms. J who signed
the faxed copy.
Is the copy of the Deed of Sale faxed by Ms. K to Ms. J

considered an electronic document under the Electronic
Commerce Act? Explain. (2%)
A.8.
KLM Printers, Inc. operated a small outlet located at the ground floor of a
university building in Quezon City. It possessed soft copies of certain
textbooks on file, and would print "book-alikes" of these textbooks (or in
other words, reproduced the entire textbooks) upon order and for a fee. It
would even display samples of such "book-alikes" in its stall for sale to the
public.
Upon learning of KLM Printers, Inc.'s activities, the authors of the

textbooks filed a suit against it for copyright infringement. In its defense,
KLM Printers, Inc. invoked the doctrine of fair use, contending that the
"book-alikes" are being used for educational purposes by those who avail
of them.
(a) What is the doctrine of fair use? (2%)
(b) Is KLM Printers, Inc.'s invocation of the doctrine of fair use

proper in this case? Explain. (3%)
A.9.
X Pharmaceuticals, Inc. has been manufacturing the antibiotic

ointment Marvelopis, which is covered by a patent expiring in the year
2020. In January 2019, the company filed an application for a new patent
for Disilopis, which, although constituting the same substance
as Marvelopis, is no longer treated as an antibiotic but is targeted and
marketed for a new use, i.e., skin whitening.
(a) What are the three (3) requisites of patentability under the
Intellectual Property Code? (3%)
(b) Should X Pharmaceuticals, Inc.'s patent application

for Disilopis be granted? Explain. (2%)
A.10.
In 2005, W Hotels, Inc., a multinational corporation engaged in the

hospitality business, applied for and was able to register its trademark "W"
with the Intellectual Property Office of the Philippines (IPO) in connection
with its hotels found in different parts of the world.
In 2009, a Filipino corporation, RST Corp., filed before the IPO a petition
for cancellation of W Hotels, Inc.'s "W" trademark on the ground of non-
use, claiming that W Hotels, Inc. failed to use its mark in the Philippines
because it is not operating any hotel in the country which bears the "W"
trademark.
In its defense, W Hotels, Inc. maintained that it has used its "W" trademark
in Philippine commerce, pointing out that while it did not have any hotel
establishment in the Philippines, it should still be considered as conducting
its business herein because its hotel reservation services, albeit for its
hotels abroad, are made accessible to Philippine residents through its
interactive websites prominently displaying the "W" trademark. W Hotels,
Inc. also presented proof of actual booking transactions made by
Philippine residents through such websites.
Is W Hotels, Inc.'s defense against the petition for cancellation

of trademark tenable? Explain. (5%)
- END OF PART I -
PART II

in Booklet II.
B.11.
W Medical, Inc. operated a full-service hospital named WMed. Using its

stockholders' advances and a mortgage loan from Bank X, W Medical, Inc.
commenced the construction of a new 11-storey WMed Annex Building.
Unfortunately, due to financial constraints, only seven (7) floors were
constructed and the WMed Annex Building remained unfinished.
Despite the non-completion of the WMed Annex Building, W Medical, Inc.

continued its operations and earned modest revenues. While W Medical,
Inc.'s assets are more than its liabilities and it is able to turn a monthly
profit, it could not pay its loan installments to Bank X as they fall due.
(a) What is the concept of "insolvency" under the Financial

Rehabilitation and Insolvency Act (FRIA)? May W Medical, Inc.
be considered "insolvent" under the FRIA? Explain. (3%)
(b) Assuming that W Medical, Inc. is considered "insolvent",

may it file a petition for suspension of payments under the
FRIA? Explain. (2%)
(c) Assuming that W Medical, Inc. is considered "insolvent",

what are the legally recognized modes of rehabilitation it may
opt to avail of? (3%)
(d) If W Medical, Inc. files a petition for rehabilitation before the
court, is it possible for the rehabilitation proceedings to be
converted into one for liquidation? Explain. (2%)
B.12.
EFG, Inc. is indebted to Bank Y in the amount of ₱50,000,000.00. The

loan was secured by a suretyship agreement issued by Z Insurance Co.
Due to EFG, Inc's default, Bank Y filed a case against Z Insurance Co. as
surety. There is also a pending criminal case for violation of the Bouncing
Checks Law against the President of EFG, Inc., Mr. P, who signed the
check as signatory for the company.
Unable to meet its obligations as they fell due, EFG, Inc. filed a petition for
rehabilitation. Finding the petition sufficient in form and substance, the
court issued a Commencement Order, which was thereafter published.
(a) Should the case filed against Z Insurance Co. be suspended

in light of the Commencement Order? Explain. (2.5%)
(b) Should the criminal case filed against Mr. P be suspended in

light of the Commencement Order? Explain. (2.5%)
B.13.
Enumerate at least two (2) rights of a data subject under the

Data Privacy Act. (2%)
B.14.
ABC Corp. is a company which shares are listed in the Philippine Stock
Exchange. In 2015, 25% of ABC Corp.'s shareholdings were acquired by
XYZ, Inc., while 40% of the same were acquired by RST, Inc., both of
which are non-listed private corporations. Meanwhile, the remaining 35%
of ABC Corp.'s shareholdings are held by the public.
In 2018, or three years (3) after it acquired its 25% stake in ABC Corp.,
XYZ, Inc. sought to obtain an additional 12% shareholding in ABC Corp.
by purchasing some of the shares owned by RST, Inc. therein. The new
acquisition will not, however, result in XYZ, Inc. gaining majority control of
ABC Corp.'s Board.
Is XYZ, Inc. required to conduct a tender offer? Explain. (3%)
B.15.
Mr. P, the President of JKL, Inc. which shares are listed in the Philippine
Stock Exchange, was notified that the corporation has just been awarded
a ₱5,000,000,000.00 construction contract by a reputable private
company. Before this information could be disclosed to the public, Mr. P
called his stockbroker to purchase 20,000 shares of JKL, Inc. He also
mentioned the transaction to his brother, Mr. B. Mr. B, who was not
involved at all in the business of JKL, Inc., also bought 50,000 shares of
JKL, Inc. because of the tip disclosed to him by Mr. P.
(a) Is the information disclosed by Mr. P to Mr. B considered as

material nonpublic information for purposes of insider trading?
Explain. (2%)
(b) Should Mr. P and Mr. B be held liable for insider trading?
Explain. (3%)
B.16.
Mayor J has two (2) bank accounts: 1. a Peso savings account with Bank
P; and 2. a U.S. Dollar savings account with Bank D.
In 2018, Mayor J's former business partner, Mr. K, filed a civil case for
collection of sum of money against him.
In the same year, a criminal case for Direct Bribery under the Revised
Penal Code was filed against Mayor J. It was alleged in the Information
that in exchange for the expeditious approval of various permits and
licenses, Mayor J received kickbacks which amounts were deposited to his
bank accounts.
(a) In the event Mayor J is held ultimately liable in the civil case
filed by Mr. K, may Mayor J's bank accounts in Bank P and
Bank D be subject to garnishment? Explain. (2.5%)
(b) Assuming that the prosecution in the criminal case sought
from the court an inquiry of Mayor J's bank accounts in Bank P
and Bank D, may a bank inquiry order be issued? Explain.
(2.5%)
B.17.
Several public officials were charged before the Sandiganbayan for

violation of the Anti-Graft and Corrupt Practices Act involving the
anomalous award of a multi-billion contract to Corporation Z. The
Information alleged that each of the accused received kickbacks from
Corporation Z in exchange for the dispensation of certain bidding
requirements, and that the said kickbacks were deposited to the accused's
respective bank accounts in the Philippines. Upon request of the Office of
the Ombudsman, the Compliance and Investigation Staff of the Anti-
Money Laundering Council (AMLC) conducted an intelligence database
search. The search revealed that there were remittances to the bank
accounts of the accused with six (6) different banks.
(a) May the AMLC examine the bank accounts of the accused-
public officials even without seeking a prior court order?
Explain.(2.5%)
(b) May a court order be issued ex parte for the freezing of the
bank accounts of the accused-public officials upon application
of the AMLC? If so, in what instance may this be done and
which court can issue such order? Explain. (2.5%)
B.18.
Mrs. T maintained a checking account with Bank U. While Mrs. T was

abroad, she left her checkbook inside her office drawer, which she kept
under lock and key. However, Mrs. T's long-time secretary, Ms. S, knew
where the checkbook was hidden. Ms. S then broke the lock on the office
drawer, took one of Mrs. T's blank checks, and succeeded to encash
₱200,000.00 from Bank U by imitating Mrs. T's signature. As soon as Mrs.
T returned from abroad and discovered the incident, she immediately
reported the matter to Bank U, seeking that the transaction be reversed.
However, the bank refused, contending that Mrs. T should bear the loss
arising from the forgery.
(a) Is the imitation of Mrs. T's signature considered as a material

alteration under the Negotiable Instruments Law? Explain.
(2.5%)
(b) Is Bank U's contention tenable? Explain. (2.5%)
B.19.
LMN, Inc. operates a beach resort in a secluded island off the coast of
Puerto Princesa City, Palawan. It operates three (3) motorized boats to
ferry its guests from the city proper to the island resort and vice-versa.
During one rainy morning, the guests were informed that the ferry services
for that day were cancelled due to a storm forecast. In order to appease
the apparent dismay of most of the guests who will miss their flight back to
Manila, the boat captain of one of LMN, Inc.'s motorized boats decided to
push through with its trip back to the city. Shortly after the boat sailed, the
storm hit and the winds and waves became stronger, causing engine
trouble to the boat. Unfortunately, the boat capsized and sank, resulting in
the death of one of the passengers, Mr. X.
This prompted Mr. X's heirs to file a complaint for damages against LMN,
Inc., which they alleged to be a common carrier. In its defense, LMN, Inc.
maintained that it is not a common carrier because its boats are not
available to the general public but only ferry resort guests and employees.
(a) May LMN, Inc. be considered a common carrier? Explain.

(3%)
(b) Assuming LMN, Inc. is a common carrier, may it be absolved

from liability on the ground of fortuitous event? Explain. (2%)
B.20.
F Corp., a corporation engaged in the export of fertilizers, entered into a

sale of its products with Mr. P. In this relation, Bank C, F Corp.'s bank,
received an irrevocable letter of credit, payable on sight, issued by Bank I
for the account of its client, Mr. P, in the amount of ₱1,000,000.00 to cover
the purchase price of the sale. In the letter of credit, Bank C was
designated as the confirming bank.
After being presented the required documents under the letter of credit,
Bank C issued in favor of F Corp. a cashier's check in the amount of
₱1,000,000.00.
Bank C then informed Bank I of the payment made pursuant to the letter of
credit. Thereafter, Bank C transmitted the documents presented by F
Corp. to Bank I and sought to be reimbursed for the amount it paid to F
Corp.
Bank I, however, refused to reimburse Bank C for the reason that it

received an e-mail coming from Mr. P that the latter will not make any
payment to Bank I in relation to the letter of credit because the products
shipped to him by F Corp. were of substandard quality.
(a) Is Bank I's refusal to reimburse Bank C warranted? Explain.

(3%)
(b) Assuming that the documents submitted by F Corp. were

proven to be actually forged but were nonetheless accepted by
Bank C as sufficient, may Bank I refuse Bank C's claim for
reimbursement? Explain. (2%)
- END OF PART II -
Nothing follows

CRIMINAL LAW
November 17, 2019 2:00 P.M. - 6:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
Define/distinguish the following terms:
(a) Mala in se and mala prohibita (2%)
(b) Grave, less grave, and light felonies (3%)
(c) Aberratio ictus, error in personae, and praeter

intentionem (3%)
A.2.
Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y's disregard
for his feelings towards her, Mr. X came up with a plan to abduct Ms. Y in
order to have carnal knowledge of her with the help of his buddies, A, B,
and C.
On the day they decided to carry out the plan, and while surreptitiously
waiting for Ms. Y, C had a change of heart and left. This notwithstanding,
Mr. X, A, and B continued with the plan and abducted Ms. Y by forcefully
taking her to a deserted house away from the city. There, Mr. X restrained
Ms. Y's arms, while A held her legs apart. B stood as a lookout. Mr. X was
then able to have carnal knowledge of Ms. Y, who was resisting
throughout the entire ordeal.
Consequently, Mr. X was charged with the crime of Forcible Abduction

under the Revised Penal Code.
(a) Is the charge against Mr. X proper? Explain. (3%)
(b) Assuming that A, B, and C are also charged, may they be

held criminally liable together with Mr. X? Explain. (2%)
A.3.
Mr. O, a 75-year old retiree who has been a widower for the last ten (10)
years, believed that, at past 70, he is licensed to engage in voyeurism to
satisfy his lustful desires. If not peeping into his neighbors' room through
his powerful single-cylinder telescope, he would trail young, shapely girls
along the hallways and corridors of shopping malls, While going up the
escalator, he stayed a step behind a mini-skirted, 20-year old girl, and in
the heat of the moment, put his hand on her left buttock and massaged it.
The girl screamed and hollered for help. Mr. O was thus apprehended and
charged with Acts of Lasciviousness under Article 336 of the Revised
Penal Code. Mr. O's counsel, however, claimed that Mr. O should only be
charged with the crime of Unjust Vexation.
Is the contention of Mr. O's counsel tenable? Explain (2.5%)
A.4.
In dire need of money, Mr. R decided to steal from his next-door neighbor,
Mrs. V. On the night of May 15, 2010, Mr. R proceeded with his plan
entered Mrs. V's bedroom by breaking one of the windows from the
outside. Finding Mrs. V sound asleep, he silently foraged through her
cabinet, and stashed all the bundles of cash and jewelries he could find.
As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot
you!", and when he turned around, he saw Mrs. V cocking a rifle which has
pointed at him. Fearing for his life, Mr. R then lunged at Mrs. V and was
able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which
resulted in her death. Mr. R's deeds were discovered on the very same
night as he was seen by law enforcement authorities fleeing the crime
scene.
(a) What crime/s did Mr. R commit under the Revised Penal
Code? Explain (2.5%)
(b) Based on your answer in question (a), within what period

should the prosecution file the criminal charge against Mr. R in
order to avoid prescription? Explain (2%)
(c) May Mr. R validly invoke the justifying circumstances of self-

defense? Explain (2.5%)
A.5.
In August 2018, B entered into a contract with S for the purchase of the
latter's second-hand car in the amount of ₱400,000.00 payable in two (2)
equal monthly installments. Simultaneously with the signing of the contract
and S's turnover of the car keys, B executed, issued, and delivered two (2)
post-dated checks, all payable to S, with the assurances that they will be
honored on their respective maturity dates.
However, all two (2) checks were dishonored for being drawn against
insufficient funds. Consequently, notices therefore were duly issued to and
received by B, but this notwithstanding, no payment arrangements were
made by him. Further, upon S's investigation, it was uncovered that B's
checking account had only ₱50,000.00 when its was opened in June 2018
and no further deposits were made after that. S also found out that B knew
fully well of such circumstance at the time he issued the two (2) checks.
What crime/s should B be charges with and for how many

counts? Explain (5%)
A.6.
Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's
numerous transgressions against him, Mr. A planned to bum down Mr. B's
rest house.
One night, Mr. A went to the rest house and started pouring gasoline on its
walls. However, just as Mr. A had lit the match for burning, he was
discovered by Mr. B's caretaker, Ms. C, and was consequently prevented
from setting the rest house on fire. Mr. A was then charged with Frustrated
Arson.
(a) Is the charge of Frustrated Arson proper? Explain. (2%)
(b) Assuming that Mr. A successfully burned down Mr. B's rest
house, and as a result, Ms. C was trapped therein and was
subsequently killed in the fire, what crime/s did Mr. A commit?
Explain. (3%)
A.7.
Mr. L is a newspaper reporter who writes about news items concerning the
judiciary. Mr. L believed that members of the judiciary can be criticized and
exposed for the prohibited acts that they commit by virtue of the public
nature of their offices. Upon receiving numerous complaints from private
citizens, Mr. L released a scathing newspaper expose involving Judge G
and his alleged acts constituting graft and corruption. Consequently, Mr. L
was charged with the crime of Libel.
In response, Mr. L contended that truth is a valid defense in Libel and in

this relation, claimed that he was only exposing the truth regarding Judge
G's misdeeds. Further, Mr. L contended that in any event, his expose on
Judge G is based on the complaints he received from private citizens, and
as such, should be deemed as a mere fair commentary on a matter of
public interest.
(a) Are the contentions of Mr. L tenable? Explain. (3%)
(b) What is the effect on the criminal liability of an accused if he

or she publishes a libelous article on an online news platform?
Explain. (2 %)
A.8.
After a successful entrapment operation by the Philippine Drug

Enforcement Agency, Mr. D, a known drug pusher, was arrested on
January 15, 2019 for having been caught in flagrante delicto selling a pack
of shabu, a prohibited drug, to the poseur-buyer. Consequently, Mr. D was
frisked by the arresting officer, and aluminum foils, plastic lighters, and
another plastic sachet of shabu were obtained from him. The items were
marked immediately upon confiscation, and they were likewise inventoried
and photographed at the place of arrest. Throughout the process, a media
representative was able to witness the conduct of the marking, inventory,
and photography of the seized items in the presence of Mr. D.
Mr. D was then charged with the crimes of Illegal Sale and Illegal
Possession of Dangerous Drugs. In defense, he lamented that the chain of
custody procedure under Section 21, Article II of the Comprehensive
Dangerous Drugs Act of 2002, as amended, was not followed because
only a media representative was present. In response, the prosecution
maintained that the said media representative was a very credible reporter
and as such, the presence of any other witness was unnecessary.
(a) Was the chain of custody procedure validly complied with in

this case? If not, was the deviation from such procedure
justified? Explain. (3%)
(b) What is the consequence of an unjustified deviation from the

chain of custody rule to the criminal case against Mr. D?
Explain. (2%)
A.9.
X and Y approached Mayor Z and requested him to solemnize their

marriage. On the day of the ceremony, X and Y proceeded to Mayor Z's
office but he was not there. Mayor Z's chief of staff, Mr. U, however,
represented that he himself can solemnize their marriage and just have
Mayor Z sign the marriage certificate when the latter comes back.
Consequently, upon X and Y's assent, Mr. U solemnized the marriage,
despite his lack of authority therefor.
(a) What crime may Mr. U be charged with under the Revised
Penal Code (RPC)? Explain. (2.5%)
(b) Assuming that Mayor Z signed the marriage certificate which

stated that he solemnized the marriage of X and Y, what crime
may Mayor Z be charged with under the RPC? Explain. (2.5%)
A.10.
Distinguish Rebellion under the Revised Penal Code and
Terrorism under the Human Security Act of 2007. (2.5%)
- END OF PART I -
PART II

in Booklet II.
B.11.
Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong
Kong via an Indonesian-registered commercial vessel. While on board the
vessel, which was still docked at the port of Manila, she saw her mortal
enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion
of the cabin and was busy using her laptop, with no idea whatsoever that
Ms. M was likewise onboard the ship.
Consumed by her anger towards Ms. A, Ms. M stealthily approached the

Australian from behind, and then quickly stabbed her neck with a
pocketknife, resulting in Ms. A's immediate death. Operatives from the
Philippine National Police - Maritime Command arrested Ms. M for the
killing of Ms. A and thereafter, intended to charge her under the Revised
Penal Code (RPC). Ms. M contended that the provisions of the RPC
cannot be applied and enforced against her because both she and the
victim are not Filipino nationals, and besides, the alleged crime was
committed in an Indonesian-registered vessel.
(a) Is Ms. M's contention against the application of the RPC

against her tenable? Explain. (3%)
(b) Assuming that the provisions of the RPC can be applied
against Ms. M, what crime under the RPC should she be
charged with? Explain. (2%)
B.12.
In November 2018, Mr. N, a notorious criminal, was found guilty of three

(3) counts of Murder and was consequently sentenced with the penalty
of reclusion perpetua for each count. A month after, he was likewise found
guilty of five (5) counts of Grave Threats in a separate criminal proceeding,
and hence, meted with the penalty of prision mayor for each count.
(a) What are the respective durations of the penalties

of reclusion perpetua and prision mayor? (3%)
(b) How long will Mr. N serve all his penalties of imprisonment?
Explain. (2.5%)
(c) May Mr. N avail of the benefits of the Indeterminate Sentence

Law with respect to his convictions for Murder and Grave
Threats? Explain. (3%)
(d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)
B.13.
Mr. Q was found guilty beyond reasonable doubt of the crime of Serious
Physical Injuries, and accordingly, was sentenced to suffer the penalty of
imprisonment for an indeterminate period of six (6) months of arresto
mayor, as minimum, to four (4) years, two (2) months, and one (1) day
of prision correccional, as maximum. He was also ordered to pay the
victim actual damages in the amount of ₱50,000.00, with subsidiary
imprisonment in case of insolvency.
Was the imposition of subsidiary imprisonment proper?

Explain. (3%)
B.14.
Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This
culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete
pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead.
A few minutes after the incident, Mr. X immediately went to the police
station to confess what he did and told the police where he left Mr. Y.
Fortunately, the police rescued Mr. Y and he survived with the help of
timely medical intervention. Mr. X was then charged in court with
Frustrated Homicide, to which he openly confessed his guilt upon
arraignment.
(a) Based on the above-stated facts, what is/are the mitigating

circumstance/s that may be appreciated in favor of Mr. X.
Explain. (2%)
(b) Under the Revised Penal Code, Homicide is punished with

the penalty of reclusion temporal. Without applying the
Indeterminate Sentence Law, what penalty should be imposed
against Mr. X assuming that he is found guilty of the charge of
Frustrated Homicide, and that the presence of two (2) ordinary
mitigating circumstances have been duly alleged and proven?
Explain. (3%)
B.15.
In June 2017, Mr. P was criminally charged with Qualified Theft under the
Revised Penal Code. After due proceedings, the Regional Trial Court
found him guilty beyond reasonable doubt, and accordingly, sentenced
him to suffer the penalty of imprisonment for an indeterminate period of six
(6) years and one (1) day of prision mayor, as minimum, to fourteen (14)
years and one (1) day, of reclusion temporal, as maximum. Thereafter, Mr.
P applied for probation.
(a) May Mr. P be extended the benefits of the Probation Law?

Explain. (3%)
(b) In what instance may an accused who appeals a judgment of

conviction still apply for probation? Explain. (3%)
B.16.
Ms. E was charged with the complex crime of Estafa through Falsification
of Public Documents before the trial court. Prior to her arraignment, Ms. E
moved for the dismissal of the criminal case against her, pointing out that
the private offended party is her biological father, and that such
relationship is an absolutory cause under Article 332 of the Revised Penal
Code (RPC).
(a) Explain the concept of complex crimes under the RPC. (2%)
(b) Is Ms. E's contention correct? Explain. (3%)
B.17.
One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump

into the Labor Arbiter assigned to the illegal dismissal case filed by certain
employees against his company. During their encounter, Mr. X promised
the Labor Arbiter a luxury car in exchange for a favorable ruling. The Labor
Arbiter immediately rejected the offer and walked away.
(a) What crime did Mr. X commit under the Revised Penal Code
(RPC), if any? Explain. (2.5%)
(b) Assuming that Mr. X's offer was instead accepted, should
the Labor Arbiter be held liable for any crime under the RPC? If
so, for what crime? May the Labor Arbiter also be held liable for
violation of the Anti-Graft and Corrupt Practices Act? Explain.
(5%)
B.18.
A typhoon destroyed the houses of many of the inhabitants of Municipality

M. Accordingly, the local government passed an appropriation in the
amount of ₱1,000,000.00 to implement a Calamity Assistance Program for
the typhoon victims, and the funds therefor were eventually earmarked for
the purpose. Upon the orders, however, of Mayor T of Municipality M,
these funds were disbursed for the reconstruction of the municipal hall
which was substantially damaged by the typhoon. According to Mayor T,
the reconstruction of the municipal hall was a more pressing concern than
the relief program because the vital functions of the local government
would be impeded if the said structure would not be immediately fixed.
What crime did Mayor T commit under the Revised Penal Code?
Explain. (2%)
B.19.
Ms. L, dean of a duly recognized private school, caught K, one of her

students, vandalizing one of the school's properties. Ms. L called K's
attention and proceeded to scold him, causing a crowd to gather around
them. Embarrassed with the situation, K attacked Ms. L by repeatedly
punching her on the face. Just as K was about to strike Ms. L again, J,
another student, intervened. K then turned his anger on J and also hit him
repeatedly, causing him physical injuries.
What crime/s did K commit under the Revised Penal Code for
his acts against Ms. Land J? Explain. (3%)
B.20.
Mr. S, a businessman and information technology practitioner, claimed to

have devised an innovative business model. He would diligently compile a
list of known personalities and entities in the fields of entertainment, arts,
culture, and sports, and acquire numerous domain names in the internet
using the names of these known personalities and entities for the purpose
of selling these registered domain names to said personalities and entities
in the future.
Does Mr. S's "innovative business model" expose him to any

criminal liability under the Cybercrime Prevention Act of 2012?
If so, for what crime? Explain. (2.5%)
- END OF PART II -
Nothing follows

REMEDIAL LAW
November 24, 2019 8:00 A.M. - 12:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
ABC Homeowners Association, Inc. sued Mr. X before the Regional Trial
Court (RTC) for collection of unpaid association dues. Mr. X filed a motion
to dismiss solely on the ground of lack of jurisdiction, asserting that the
Housing and Land Use Regulatory Board has exclusive jurisdiction over
disputes among homeowners and their associations. The RTC denied Mr.
X's motion, maintaining that it has jurisdiction over the case. This
prompted Mr. X to file a petition for certiorari under Rule 65 of the Rules of
Court before the Supreme Court, alleging grave abuse of discretion on the
part of the RTC in denying his motion to dismiss.
(a) Is Mr. X's chosen remedy of certiorari and direct recourse to

the Supreme Court proper? Explain. (2.5%)
(b) Assuming that Mr. X's motion was instead granted by the
RTC, what is the proper remedy of ABC Homeowners
Association, Inc. to challenge the RTC ruling? Explain. (2.5%)
A.2.
Ms. A filed a complaint for damages against Ms. B, alleging that Ms. B
negligently caused the demolition of her house's concrete fence, the top
half of which fell on the front portion of Ms. A's car and permanently
damaged its engine. In her answer, Ms. B denied any personal liability for
the damage caused to Ms. A's car, averring that she merely acquiesced to
the advice of her contractor, XYZ Construction Co., to have the concrete
fence demolished. Thus, damages, if any, should be collected from it.
Thereafter, Ms. A filed a motion for judgment on the pleadings, alleging

that Ms. B's statement in her answer is actually a negative pregnant. Ms. B
opposed the motion, reiterating her defense in her answer which
purportedly rendered judgment on the pleadings improper. Ms. B also
moved for the dismissal of the case on the ground of non-joinder of XYZ
Construction Co., which she alleged is an indispensable party to the case.
(a) Is Ms. A's motion for judgment on the pleadings proper?

Explain. (3%)
(b) Is XYZ Construction Co. an indispensable or a necessary

party? Explain. (3%)
(c) Assuming that XYZ Construction Co. is an indispensable

party, is its non-joinder a ground for the dismissal of the case?
Explain. (3%)
A.3.
Mr. C sued Mr. D for reconveyance of property and damages, claiming

that Mr. D, through fraud and forgery, was able to obtain the title to Lot No.
1234, which was previously registered in Mr. C's name. The complaint was
filed before the Regional Trial Court.
Instead of filing an answer, Mr. D moved to dismiss the complaint on the

ground of lack of cause of action. In opposition, Mr. C argued that lack of
cause of action is not a ground for a motion to dismiss as the ground
provided under Section 1 (g), Rule 16 of the Rules of Court is failure to
state a cause of action.
Distinguish the concepts of lack of cause of action and failure
to state a cause of action. Based on this distinction, is Mr. C's
opposition tenable? Explain. (5%)
A.4.
Mrs. E filed a complaint for sum of money against Mr. F in the amount of
₱1,000,000.00 before the Regional Trial Court (RTC). After due
proceedings, the RTC ruled in favor of Mrs. E, and since no appeal was
interposed thereto, the ruling became final and executory as evinced by an
Entry of Judgment dated July 2, 2012. However, Mrs. E was unable to
immediately move for the execution of said judgment because she had a
work engagement overseas.
On June 29, 2017, Mrs. E returned to the country and, on the same day,
filed a motion for the issuance of a writ of execution before the RTC. On
July 7, 2017, the RTC granted the motion, and consequently, issued a writ
of execution in Mrs. E's favor.
Was the RTC's issuance of the writ of execution procedurally

infirm? Explain. (3%)
A.5.
Mrs. G defaulted in the payment of her loan obligation with Z Bank. As

such, Z Bank extra-judicially foreclosed Mrs. G's mortgaged property and
sold it at public auction where it emerged as the highest bidder.
Eventually, a certificate of sale was issued in Z Bank's favor, and title to
the property was later consolidated under the bank's name.
Claiming that Z Bank used fraudulent machinations in increasing the

interest and penalty charges on the loan, thereby making it impossible for
her to pay, Mrs. G filed before the Regional Trial Court (RTC) a complaint
for cancellation of consolidation of ownership over a real property with
prayer for the issuance of a writ of preliminary injunction against Z Bank.
Immediately thereafter, the RTC issued an ex parte writ of preliminary
injunction enjoining Z Bank from disposing of the foreclosed property or
taking possession thereof.
Did the RTC err in issuing the writ of preliminary injunction ex
parte? Explain. (3%)
A.6.
Mr. H filed a complaint against Mr. I to recover the amount of ₱500,000.00

based on their contract of services. In his answer, Mr. I admitted that he
has yet to pay Mr. H for his services based on their contract but
nevertheless, interposed a counterclaim alleging that Mr. H still owed him
rental arrearages for the lease of his apartment also amounting to
₱500,000.00.
It has come to Mr. H's attention that Mr. I did not pay any filing fees when
he filed his answer. As such, Mr. H moved to dismiss the counterclaim. In
response to Mr. H's motion, Mr. I averred that the non-payment of filing
fees was purely based on inadvertence and that the said filing fees had
already been paid as of date, as evinced by the official receipt issued by
the clerk of court therefor.
(a) What is the nature of Mr. l's counterclaim? Is the payment of

filing fees required for such counterclaim to prosper? Explain.
(3%)
(b) Should Mr. I's counterclaim be dismissed? Explain. (3%)
A.7.
As a result of an anonymous complaint, Mr. J, a local public official, was

held administratively liable for Grave Misconduct by the Office of the
Ombudsman (Ombudsman) in Administrative Case No. 1234. As such, he
was imposed the penalty of dismissal from service. The Ombudsman also
found probable cause to indict him for violation of Section 3 (b) of Republic
Act No.3019, or the "Anti-Graft and Corrupt Practices Act," in Criminal
Case No. 4321. Mr. J moved for the reconsideration of the Ombudsman's
Joint Decision but was denied.
Unperturbed, Mr. J filed a petition for certiorari under Rule 65 of the Rules
of Court before the Court of Appeals (CA), assailing the Ombudsman's
Joint Decision in Administrative Case No. 1234 and Criminal Case No.
4321. However, the CA dismissed the petition outright, holding that such
petition constitutes an improper remedy to assail the administrative and
criminal aspects of the aforementioned Ombudsman ruling.
Was the CA's dismissal of Mr. J's petition correct? Explain. (5%)
A.8.
Ms. A filed a petition for a writ of amparo, claiming that she was being
threatened by Mr. B, her ex-boyfriend, with whom she has a child out of
wedlock, named C. Ms. A alleged that since she started dating someone
else, Mr. B began stalking her, parking his car on the street outside her
house, and watching her house until the wee hours of the morning. She
thus feared for her life.
(a) Is Ms. A entitled to a writ of amparo? Explain. (2.5%)
(b) Assuming that Mr. B took away C without Ms. A's knowledge
and consent, what is the proper remedy for Ms. A to
immediately recover C's custody? Explain. (2.5%)
A.9.
Ms. N initiated a special proceeding for the correction of entries in the civil
registry under Rule 108 of the Rules of Court before the Regional Trial
Court (RTC), impleading only the Local Civil Registrar therein. In her
petition, Ms. N sought to change the entry in her birth certificate with
respect to the date of her parents' marriage from "May 22, 1992" to "not
married." The Office of the Solicitor General opposed the petition, arguing
that Ms. N's parents should have been impleaded in the proceeding. In
response, Ms. N argued that this was not necessary since it was an entry
in her own birth certificate which she intended to change. Hence, it was a
matter personal to her, and as such, the participation of her parents in the
case could be dispensed with.
Is Ms. N's position correct? Explain. (3%)
A.10.
Distinguish the following:

(a) Writ of kalikasan and writ of continuing mandamus (3%)
(b) Warrant to Search, Seize, and Examine Computer Data

(WSSECD) and Warrant to Examine Computer Data (WECD)
(3%)
- END OF PART I -
PART II

in Booklet II.
B.11.
Mr. X filed a complaint for sum of money against his old friend, Mr. Y. In
order to ensure that Mr. Y would not be able to file a responsive pleading
and much more, participate in the case, Mr. X paid off Mr. Y's counsel,
Atty. Z, who deliberately let the case proceed as such without his client's
knowledge.
Eventually, judgment was rendered on March 1, 2016 in Mr. X's favor, a

copy of which was received by Atty. Z on April 4, 2016. Bothered by his
conscience, Atty. Z brought the copy of the decision to Mr.Y on June 1,
2016, thereby surprising the latter and causing him grief. Meanwhile, the
decision became final and executory in due course on April 19, 2016.
Thereafter, Mr. Y took steps in vindicating his rights, which culminated on

August 15, 2016 when he, as represented by a new counsel, filed a
petition for annulment of judgment before the Court of Appeals (CA) on the
ground of extrinsic fraud. The CA dismissed the petition on the ground that
Mr. Y failed to submit a satisfactory explanation as to why he directly
resorted to a petition for annulment of judgment, when he could have filed
a petition for relief from judgment.
(a) What are the differences between a petition for relief from
judgment and a petition for annulment of judgment in terms of
grounds and periods to file? (3%)
(b) Was the CA's dismissal of Mr. Y's petition for annulment of
judgment proper? Explain. (2%)
B.12.
Ms. R received a subpoena ad testificandum from a Regional Trial Court

(RTC) directing her to appear and testify in a case. Despite notice and
without any sufficient justification, Ms. R failed to appear. This prompted
the RTC to issue a show-cause order directing Ms. R to explain, within ten
(10) days, why she should not be cited for contempt for her
nonappearance despite receipt of the subpoena. Ms. R, however, did not
file her comment. After due hearing with notice to the parties, the RTC
cited her in indirect contempt, and consequently, ordered her arrest.
Ms. R moved to quash the warrant issued for her arrest, claiming that a
formal charge should have been filed against her, and that the same
should have been docketed and prosecuted as a separate case against
her. She thus claimed that since this procedure was not followed, the order
citing her in contempt is null and void.
(a) Is Ms. R's contention tenable? Explain. (3%)
(b) What is the proper mode of appeal should Ms. R decide to

assail her contempt citation? Will the filing of such appeal
automatically result in the suspension of the execution of
judgment? Explain. (2%)
B.13.
In a neighborhood bicycle race, Mr. A bumped the bicycle of one of his

competitors, Mr. B, in order to get ahead. This caused the latter to lose
control of the bike which hit the concrete pavement and sent Mr. B
crashing headfirst into the sidewalk. By the time the organizers got to him,
Mr. B was dead. Law enforcement authorities who witnessed the incident
arrested Mr. A without a warrant, and immediately brought him to the
inquest prosecutor for the conduct of an inquest. Thereafter, an
Information for Homicide was filed by the inquest prosecutor without the
conduct of a preliminary investigation. The next day Mr. A requested for
the conduct of a preliminary investigation.
(a) Is the inquest prosecutor's filing of the Information without

the conduct of preliminary investigation proper? (2.5%)
(b) Is Mr. A's request permissible? Explain. (2.5%)
B.14.
Mr. P was charged with Plunder before the Sandiganbayan along with
several government officials. Before his arraignment, he filed a petition for
bail. This was objected to by the prosecution which insisted that he should
first be arraigned before he applies for bail, considering that grant of bail
will result in the accused fleeing the court's jurisdiction.
(a) When is bail a matter of right before conviction? (2%)
(b) Is the objection of the prosecution valid? Explain. (3%)
B.15.
In an Information filed before the Regional Trial Court (RTC), Mr. C was
charged with Carnapping for supposedly taking the motorcycle of Mr. O
and joyriding with it around the city. When Mr. C was arraigned, he
entered a plea of "not guilty" to the charge. After the prosecution rested its
case, Mr. C proceeded to file a demurrer to evidence. The demurrer was
denied by the RTC.
(a) Would Mr. C be allowed to present evidence in his defense

after the denial of his demurrer? Explain. (2%)
(b) Assuming that the demurrer was granted by the RTC and the
prosecution's motion for reconsideration thereto is denied,
what is the prosecution's further procedural recourse? Explain.
(3%)
B.16.
Mr. W was charged with raping his neighbor's seventeen (17)-year old
daughter, AAA. When he was arraigned, Mr. W expressed his desire to
plead "guilty," provided that his sentence be substantially reduced. Both
AAA's mother and the prosecutor were amenable to the proposal.
Consequently, the judge entered a plea of guilty for Mr. W and sentenced
him to serve a reduced straight penalty of only ten (10) years of
imprisonment, as agreed upon.
(a) Did the judge properly enter a plea of guilty for Mr. W?
Explain. (2%)
(b) Assuming that Mr. W was once more charged with the crime
of Rape committed against AAA based on the same incident,
may Mr. W validly invoke the defense of double jeopardy
through a motion to quash and will such motion prosper?
Explain. (3%)
B.17.
In a case for specific performance and damages, plaintiff Q presented

photocopies of the contracts he had executed with defendant R for the
purpose of establishing their existence. Defendant R's counsel objected to
the admission of said photocopies, invoking the best evidence rule.
(a) Should the objection of defendant R's counsel be sustained?

Explain. (3%)
(b) Assuming that the best evidence rule applies, under what
circumstances will the photocopies be admissible in evidence?
(2%)
B.18.
In a case for Attempted Parricide brought against Mr. M by his wife, Mrs.
N, their son, C, was called as a witness for the prosecution. Mr. M's
counsel objected, invoking the filial privilege rule.
Meanwhile, in a separate case for Serious Physical Injuries also brought

against Mr. M, but this time by his son, C, Mrs. N was called to testify
against Mr. M. Mr. M's counsel objected, invoking the marital
disqualification rule.
Should the objections of Mr. M's counsel in both cases be

sustained? Explain. (5%)
B.19.
A criminal complaint for Theft was filed against Mr. T by his employer for
allegedly stealing company property. During trial, the prosecutor called Mr.
T's former supervisor, Mr. V, to the stand and attempted to question him
on similar incidents also involving Mr. T with his previous employer. Mr. T's
counsel objected to the question, invoking the rule on res inter alias acta.
In response, the prosecutor argued that the question should be allowed
since he was trying to establish Mr. T's habit of stealing things from the
workplace.
(a) Should the objection of Mr. T's counsel be sustained?

Explain. (2.5%)
(b) Assuming that the prosecution presents evidence on the

bad moral character of Mr. T, may the same be admitted in the
present case? Explain. (2.5%)
B.20.
AAA, a ten (10)-year old minor, was sleeping inside her room when she
was awakened by her uncle, Mr. G, who was reeking of alcohol and was
already on top of her. After Mr. G succeeded in having carnal knowledge
of AAA, the former immediately left the latter's room. Thereafter, AAA
rushed into the room of her mother, MMM, and spontaneously and
frantically reported the incident. Eventually, Mr. G was arrested and was
indicted for the crime of Rape.
During trial, MMM was presented as a witness to testify on what AAA

reported to her and AAA's gestures and disposition at that time. Mr. G's
counsel objected to MMM's testimony on the ground that it is hearsay
evidence. The prosecutor countered that the subject of MMM's testimony
may be admitted as an independently relevant statement and as part of
the res gestae.
(a) May MMM's testimony be admitted on the ground that it
constitutes an independently relevant statement? Explain.
(2.5%)
(b) May AAA's statement to MMM be admitted on the ground

of res gestae? Explain. (2.5%)
- END OF PART II -
Nothing follows

LEGAL ETHICS AND PRACTICAL EXERCISES
November 24, 2019 2:00 P.M. - 6:00 P.M.

Chairperson
PART I

in Booklet I.
A.1.
Atty. A, a duly licensed notary public, has maintained several notarial

registers in his separate offices in order to cater to the needs of his clients
and accommodate their growing number. Due to Atty. A's busy schedule,
Atty. A's secretary would usually perform the notarial acts on his behalf.
Sometime in April 2017, Mrs. B, an Overseas Filipino Worker staying in

Singapore, sought the legal services of Atty. A for the nullification of her
marriage. Consequently, Atty. A drafted a petition with verification which
was sent from his law office in Manila to Singapore for the signature of
Mrs. B, who, after signing the same, sent it back to Atty. A. When the
document arrived in Atty. A's office, his secretary, as per usual practice,
notarized the signed document upon Atty. A's instruction.
(a) Name at least two (2) violations of the Rules on Notarial

Practice committed by Atty. A. (3%)
(b) May Atty. A be also held liable under the Code of
Professional Responsibility for the same infractions committed
by him as a notary public? Explain. (2%)
(c) What does the phrase "competent evidence of identity" refer

to under the Rules on Notarial Practice? (3%)
A.2.
Y, who is a businessman, and Atty. X are good friends. Due to their

closeness, Atty. X was able to borrow ₱300,000.00 from Y, which amount
was intended to refurbish Atty. X's law office.
Months after, Y got into a contractual dispute with Z, one of his business
partners. Hence, Y sought the legal services of Atty. X for the filing of the
proper action against Z. In consideration for his legal services, Y paid Atty.
X an acceptance fee of ₱50,000.00.
Unfortunately, Atty. X and Y's relationship turned sour. Thus, all

communications between them were cut, and worse, Atty. X failed to file
the required initiatory pleading against Z on the date agreed upon.
Aggrieved, Y filed an administrative complaint, seeking that Atty. X be
sanctioned and that the ₱50,000.00 acceptance fee and the ₱300,000.00
personal loan be returned to him.
(a) What administrative violation/s did Atty. X commit, if any?

Explain. (3%)
(b) May Y's prayer for the return of the ₱50,000.00 acceptance
fee and the ₱300,000.00 personal loan prosper? Explain. (5%)
A.3.
Pending resolution of a high-profile case against him, Justice K uttered, in

a public forum hosted by a local Integrated Bar of the Philippines chapter,
his comments on the perceived bias of the court against him, as well as on
the issues raised by the complainants, his defenses, and the
commentaries published by some local newsmen in relation to the case.
This is only one instance of his many appearances in different gatherings
of such nature in order to defend his public image.
(a) Did Justice K, in his capacity as a lawyer, commit any
violation of the Code of Professional Responsibility? If so, what
rule did Justice K violate? Explain. (3%)
(b) Arguing that he should be treated as any other ordinary

litigant in the said case, may Justice K validly claim that his
comments were made in a purely private capacity and hence,
not subject to administrative sanction? Explain. (3%)
A.4.
Mr. L sought legal advice from his lawyer, Atty. M, regarding the possibility
of annulling his marriage. In the course of their conversation, Mr. L
mentioned that he would be able to immediately pay Atty. M's legal fees
because he received a huge kickback from a favored supplier in relation to
his work as member of his Municipality's Bids and Awards Committee.
(a) Is the communication made by Mr. L to Atty. M regarding the

kickback he received presumed to be confidential? Explain.
(3%)
(b) What is the duty of a lawyer when, in the course of his

representation, he discovered that his client committed fraud
upon a person or a tribunal? (2%)
A.5.
P was dismissed by his former employer, Company X, for allegedly

misappropriating company funds entrusted to him. P alleged that there
was no proof to substantiate the same; hence, his dismissal was invalid.
Aggrieved, P engaged the services of ABCDE Law Office to represent him

in an illegal dismissal case against Company X. Atty. A, a partner of the
said law firm, was assigned to handle P's case. Eventually, the illegal
dismissal case was terminated upon settlement by all parties, and thus,
P's engagement with ABCDE Law Office ceased.
Two (2) years after, a criminal case for Qualified Theft was filed by
Company X against P based on the same events which led to his
dismissal. To his surprise, P found out that Company X was being
represented by ABCDE Law Office in the criminal case. Decrying a
violation of the rule on conflict of interest, P filed an administrative
complaint against Attys. A, B, C, D, and E, the partners of ABCDE Law
Office.
(a) Was the rule on conflict of interest violated in this case?

Explain. (3%)
(b) Is the prior termination of P's engagement with ABCDE Law

Office a valid defense to the administrative charge against
Attys. A, B, C, D, and E? Explain. (2.5%)
(c) May Attys. B, C, D, and E be held administratively liable for

violating the rule on conflict of interest despite the fact that it
was only Atty. A, the handling lawyer, who had knowledge of
P's engagement as a client? Explain. (2.5%
A.6.
Atty. U was being investigated by the Integrated Bar of the Philippines

regarding a complaint for immorality filed by his wife, Y. Pending resolution
of the case, complainant Y filed an affidavit of desistance and withdrawal
of the complaint on the ground that she mistakenly filed the complaint out
of jealousy.
What is the effect of Y's filing of an affidavit of desistance and

the withdrawal of her complaint in the administrative case
against Atty. U? Explain. (2.5%)
A.7.
Every new lawyer must be acquainted with the consequences of

noncompliance with the essential obligations attendant to the legal
profession. Among these obligations are compliance with the requirements
on Mandatory Continuing Legal Education (MCLE), and payment of
Integrated Bar of the Philippines (IBP) dues.
(a) What are the consequences of non-compliance with the

requirements on MCLE? (2.5%)
(b) What are the consequences of non-payment of IBP dues?
(2.5%)
A.8.
A lawyer advertised in the newspaper the following:
"Expert in annulment of marriage. Fast and sure. Consult anytime."
Is the advertisement proper? Explain. (2.5%)
A.9.
Mr. O was disbarred from the practice of law in 2009 for gross immorality.
Ten (10) years later, at age 58, he asked for judicial clemency and filed a
petition for his reinstatement in the Roll of Attorneys. Mr. O had asked
forgiveness from his children and maintained a cordial relationship with his
complainant wife. He also submitted a certification from the parish priest
and members of the Integrated Bar of the Philippines chapter to which he
belongs of his civic mindedness and good moral character.
Based on the guidelines for the reinstatement of a disbarred

lawyer, may Mr. O be reinstated as a member of the Bar?
Explain. (2.5%)
A.10.
Atty. B is a newly admitted member of the Philippine Bar. As a means to

manage his heavy case load, Atty. B delegated the preparation and
signing of all motions for extension of time to his secretary, Ms. D. On the
signature page of every motion, the following would appear:
"Ms. D for B Law Office"
X, one of Atty. B's clients, expressed concern over such practice. Atty. B
reassured him that the same is completely permissible as lawyers are
allowed to devise means to efficiently manage their workload. Besides,
Ms. D is acting under his full knowledge and authority.
Does the practice of Atty. B of having his motions for extension
of time signed by Ms. D constitute any violation of the Code of
Professional Responsibility? Explain. (2.5%)
- END OF PART I -
PART II

in Booklet II.
B.11.
The Cultural Heritage Association of Manila filed an injunction case to stop

the construction of a 40-storey condominium building owned by XYZ
Corp., a well-known real estate developer. Eventually, the injunction case
was dismissed with finality by Judge T, and an entry of judgment was
issued. Two (2) years later, Judge T bought condominium units in the
same 40-storey building owned by XYZ Corp.
Did Judge T commit an act of impropriety? Explain. (3%)
B.12.
Judge B and his family went on vacation in an island resort in Coron,

Palawan. One night, he was photographed by a local boatman who
witnessed him appearing very drunk and in the act of dancing naked by
the seashore. The photos were uploaded to a social media site and
became viral.
May Judge B be subjected to any disciplinary sanctions?
Explain. (3%)
B.13.
(a) Distinguish compulsory from voluntary inhibition of judges.

(3%)
(b) State at least two (2) instances when a judge must

compulsorily inhibit from a case. (3%)
B.14.
While driving on his way to court, Judge D personally witnessed a

vehicular accident between a motorcycle and a car. Subsequently, a
criminal case arising from said accident was raffled to his court.
Should Judge D inhibit from this case? Explain. (3%)
Practical Exercises Note: The final three (3) problems

labelled B.15. to B.17. all pertain to the same set of parties and facts.
Mr. B, a resident of Quezon City, engaged you as counsel to assist him in

acquiring the house and lot being sold by Ms. S, also a resident of Quezon
City, which lot is covered by Transfer Certificate of Title No. 54321, with an
area of 500 square meters, located at Barangay 123, Quezon City,
Philippines (subject property). At the meeting where Mr. B, Ms. S, and you
were present, the following terms and conditions were agreed upon:
1. the purchase price for the subject property is ₱50,000,000.00;
2. Ms. S will pay the capital gains tax and documentary stamp tax
arising from the sale, as well as the real estate taxes up to the date
of the sale, within thirty (30) days from execution of the deed of sale,
while the rest of the expenses to effect the transfer of title will be
shouldered by Mr. B; and
3. Ms. S gave the assurance that the subject property would be free
from any occupant/s within the same thirty-(30) day period.
The Deed of Absolute Sale was scheduled to be signed by the parties on
November 24, 2018 in Quezon City.
B.15.
Draft a Deed of Absolute Sale including the required notarial

certificate reflecting the foregoing. (15%)
[continuation] On December 27, 2018, Mr. B visited the subject property

and found out that Ms. S's brother, Mr. C, was still occupying the same.
Furthermore, on the same day, Mr. B checked with the Bureau of Internal
Revenue and discovered that the capital gains tax and the documentary
stamp tax remained unpaid. Disappointed with the failure of Ms. S to duly
fulfill her obligations based on their contract, Mr. B asked for your
assistance regarding this matter.
B.16.
Draft a Demand Letter seeking fulfillment of Ms. S's obligations

under the Deed of Absolute Sale within fifteen (15) days from
receipt. (5%)
[continuation] Unfortunately, Ms. S did not heed the demand letter,

constraining you, on behalf of Mr. B, to file the necessary complaint before
the Regional Trial Court of Quezon City. The complaint was filed on
February 15, 2019, docketed as Civil Case No. 654321 and was raffled to
Branch 77. Eventually, Ms. S was duly served with summons on March 15,
2019. However, she failed to file an answer or any motion requesting for
an extension to file the same.
B.17.
Draft a Motion to Declare Ms. S in Default including the required

Notice of Hearing. (15%)
- END OF PART II -
Nothing follows

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2019 BAR EXAMINATIONS

POLITICAL AND INTERNATIONAL LAW

November 3, 2019 8:00 A.M. - 12:00 P.M.

Note: As stated in the Instructions, Part I covers problem sets

Define the following terms:

(a) Jus cogens (2%)

(b) Principle of double criminality (2%)

(c) Act of State doctrine (2%)

(d) Precautionary principle (2%)

Under the United Nations Convention on the Law of the Sea

(a) Contiguous zone (2%)

(b) Exclusive economic zone (2%)

The Humanitarian Services Society (HSS), an international non-

An affiliate of HSS in the Philippines intervened on behalf these displaced

May the displaced families of Tribe X be considered "refugees"

(a) What is a custodial investigation? Under the 1987

(a) What is the stop and frisk rule? (2.5%)

A committee of the Senate invited Mr. X and Mr. Y, the Secretary of

(a) Based on his argument, is Mr. X’s non-appearance

Component 1: During a state of emergency, the President, in the exercise

Disturbed by the strategy’s supposed infirmities, a concerned citizens’

(a) Is component 1 of the CNSS constitutional? Explain. (2.5%)

(b) Is component 2 of the CNSS constitutional? Explain. (2.5%)

Y raised the same defense of condonation, having been retained by Mayor

(a) Did the Ombudsman err in not giving credence to the

(b) How about Y? Can he validly invoke the condonation

The unabated rise of criminality and the reported identification of

Minors apprehended for violation of the curfew ordinance shall be required

(a) For double jeopardy to attach, what requisites must exist?

(b) Rule on Mr. D’s present motion. (3%)

W, the incumbent Congressman of the Province of Albay, decided to run

(a) Is X’s argument correct? Explain. (2.5%)

(b) Assuming that W is instead, an incumbent Undersecretary of

Who are the impeachable officers under the 1987 Constitution?

A proposal to change a provision of the 1987 Constitution has been put

Original Text: "The Philippines is a democratic and republican State.

Proposed text: "The Philippines is a democratic and socialist State.

(a) Is this an amendment or revision? Explain. (2.5%)

(b) Briefly explain the process to revise the 1987 Constitution.

R was elected as Municipal Councilor for three (3) consecutive terms.

(a) Is T’s contention correct? Explain. (2.5%)

Under the 1987 Constitution, to whom does each

(a) The authority to keep the general accounts of the

(b) The power to allow small-scale utilization of natural

(c) The authority to provide for the standardization of

(e) The power to ratify treaties and international agreements.

In 2014, Congress enacted an appropriation law containing a provision

Eventually, Mr. Z filed a petition questioning the constitutionality of the

(a) Rule on the arguments of the parties. (2.5%)

(b) Assuming that the provision is declared unconstitutional,

A was appointed by the President as a Commissioner of the Commission

Atty. B questioned before the Supreme Court the exercise of official

(a) Is Atty. B’s contention correct? Explain. (2.5%)

(b) If the Commission on Appointments by-passed the

Candidate X, a naturalized Filipino citizen, ran for Congressman for the

(a) Distinguish between natural-born and naturalized citizen

(b) Is X qualified to run for Congress? Explain. (1%)

(c) Did X’s proclamation divest the COMELEC of its jurisdiction

H, a naturalized American citizen who later became a dual citizen under

(a) Was H’s filing of a CoC sufficient to renounce foreign

(b) Assuming that H is a dual citizen because his parents are

2:00 P.M. - 6:00