children.

He believed that other people who

CIVIL LAW I (2022) wanted to meet him in person were actively trying
to harm him by exposing him to the virus.  

In early 2022, Razna filed a petition for declaration

1. Noel is the son of spouses Marie and Benedict.
of nullity of her marriage with Junsi on the ground
Benedict has passed away. For Noel’s 7th birthday,
of psychological incapacity under Article 36 of the
his paternal grandparents offered to organize and
Family Code, citing his atypical behavior. She
pay for his birthday party. In coordination with
presented the testimony of a doctor, who
Marie, the grandparents booked the party
proved that Junsi was suffering from psychotic
venue, signed the contracts with the caterer and
paranoia due to intense stress, which accounted
the entertainers, finalized the guest list, and paid
for his belief in things that are not real.  
all amounts due. Marie promised to them to bring
Noel to the party.  
Should Razna’s petition be granted? Explain
briefly. (5 points)  
A week before the scheduled birthday party, Marie
decided that she would not bring Noel to the
party, and that she would instead take him on an
out-of-town trip on the day of the party. Marie
3. Before they married in 2000, Nonoy and Daday
could not forget that her parents-in-law initially
signed a marriage settlement wherein they agreed
opposed Benedict’s marriage to her because she
that their property relations as husband and wife
was a former burlesque dancer. 
would be governed by the conjugal partnership of
gains. While the marriage was subsisting, they
Marie did not notify the grandparents of her plan
acquired a parcel of land using conjugal funds. The
to skip the birthday party. During the party, the
Register of Deeds issued a transfer certificate of
grandparents kept trying to get in touch with her
title over the said land in the name of “Nonoy,
but she ignored all their calls. The grandparents
married to Daday”. 
and the guests who went to the party were
very dismayed that Noel was not present. When
Nonoy sold the parcel of land to Barby without
the grandparents asked Marie why she did not
Daday’s consent. Daday was not aware of the sale
bring Noel to the party, she simply replied, “I am
and did not sign the contract of sale. A year after
his mother, and I decide where he goes!” To which,
Nonoy and Barby signed the contract of sale,
Noel’s grandmother retorted, “Anak mo lang s’ya!
Daday died. When the children of Nonoy and
Hindi  mo s’ya pag-aari!” 
Daday learned about the sale to Barby, they
questioned its validity since Daday had
The grandparents seek your advice on whether
not consented to the sale. Nonoy’s position is that
there is legal basis to hold Marie liable for the
Daday’s consent was not required because the
damages that they have suffered as a result of her
property was registered in his name. 
acts. 
Is the sale to Barby valid? Explain briefly. (5
What is your advice? Explain briefly. (5 points) 
points) 

4. In 2013, Agaton, then 70 years old, executed a

2. Razna and Junsi got married in 2015 and were
will wherein he bequeathed his entire estate to his
blessed with two children, Zarah and Mica. In
acknowledged illegitimate son Karl.  Agaton
2020, because of the COVID-19 pandemic, the
entrusted the original copy of the 2013 will to Karl.
entire family had to spend 24 hours together every
In 2014, Karl joined a group of mercenaries to fight
day in their small house. Razna observed that
in Crimea alongside the Russians. After
although Junsi continued to work from home to
Russia’s annexation of Crimea, Karl did not return
support the family, he began to exhibit paranoia,
to the Philippines and was never heard of.  Five
and constantly kept making sure that they always
years later, in 2019, Agaton executed a codicil
washed their hands and rubbed them with alcohol
which provided the following: “Because of the
ten times before eating. Junsi also always wore a
death of Karl, I revoke my 2013 will. I hereby
face mask, face shield and hazmat in the house,
recognize Gian as my  other illegitimate son, and
except when he was alone in the room.  Junsi
hereby bequeath to him my entire estate.” Agaton
began sleeping separately from Razna and their
died in 2020.  
 within ten days from deposit. Brenda deposited
During the probate of Agaton’s 2019 codicil, Karl the purchase price and Evelyn acknowledged
appeared in court, presented the 2013 will, receipt thereof. 
contested the validity of its revocation, opposed
the probate of the 2019 codicil, and sought the Before the delivery of the sneakers, Evelyn
probate of the 2013 will. Both the 2013 will and received an offer from Rosela to buy the same
2019 codicil were immaculate as to form.  sneakers for Php 35,000.00. Evelyn candidly tells
Brenda that she is selling the sneakers at a higher
(a) Did the 2019 codicil revoke the 2013 will? price to another buyer, and sends this text
Explain briefly. message to Brenda: “Sizt, may iba pala akong
(b) Distribute the estate of Agaton. Explain buyer na mas malaki yung offer, sorry! Balik ko
briefly. (5 points)   nalang bayad mo, keri?” Evelyn claims that since
the sneakers have not yet been delivered to
Brenda, she can still withdraw the offer. 

5. Joey was the legitimate son of Ron and May. Is Evelyn’s contention tenable? Explain briefly. (5
Joey died intestate and was survived by his wife points) 
Kathy and their two legitimate children, Luis and
Clarisse. Several months after Joey died, Ron also
died intestate. Ron was survived by his wife May, 8. In 2017, Alma orally sold a parcel of
daughter Mercy (full-sibling of Joey), and the unregistered land to the spouses Ray and Shane
children of Joey (Luis and Clarisse).   for Php 500,000.00. Upon receipt of the initial
payment of Php 350,000.00, Alma delivered
Distribute the estate of Ron. Explain briefly. (5 possession of the land to the spouses. Shortly
points)  thereafter, Alma died.  In order to formalize the
sale, Ray and Shane convinced Josie, one of
Alma’s children, to sign a notarized deed of
6. Jungkook, who owns a building, leases the same confirmation of sale. In consideration thereof,
to Gel with the following terms: (i) the lease is for Josie received Php 150,000.00 representing the
a period of ten years; (ii) the yearly  rental is Php balance of the purchase price. On the strength of
1,200,000.00 payable within the first ten days of the notarized confirmation of sale, the spouses
the current year; and (iii) in case of breach of any were able to transfer the tax declaration of the
of the provisions of the lease, Gel is liable to pay  property in their names. Later, Josie died. 
Jungkook five monthly rentals and attorney’s fees.
Five years into the lease, Gel sends a notice to In 2020, the surviving children of Alma discovered
terminate the lease and offers to pay five monthly the oral sale of the land to Ray and Shane. They
rentals. Despite Jungkook’s objections, Gel vacates demanded the return of the property on the
the premises. Jungkook sues Gel for the following grounds: (i) the oral contract of sale is
rentals due for the remaining five years of the void because it does not appear in a public
lease. Gel takes the position that her liability instrument;  and (ii) assuming the sale is not void,
should only be limited to five monthly rentals and it is unenforceable under the Statute of Frauds. 
attorney’s fees.  Ray and Shane insisted that the sale of the land to
them was both valid and enforceable.  
(a) Is there a penalty clause in the lease
agreement? Explain briefly. Are the contentions of the heirs of Alma tenable?
(b) As between Jungkook and Gel, who is correct? Explain briefly. (5 points) 
Explain briefly.  (5 points)  

9. Aida, for the consideration of Php 5,000,000.00,

7. Brenda saw the online advertisement of Evelyn,
who sells limited edition sneakers. Through an
exchange of text messages, Evelyn and Brenda
agreed that: (i) Evelyn will sell to Brenda a pair of
brand-new sneakers for Php 25,000.00; (ii) Brenda
will deposit the purchase price in Evelyn’s bank
account; and (iii) Evelyn will deliver the sneakers
sold her parcel of land to Lorna, as evidenced by a
notarized Deed of Sale. Lorna, however, failed to
deliver the amount in full, paying only Php
500,000.00 as down payment. Because of the
nonpayment of the balance, Aida simply sold the
same parcel of land to Fe with the intention of
returning to Lorna the Php 500,000.00 down
payment.  

Who among Aida, Lorna, and Fe owns the
property? Explain briefly. (5 points)  for damages with Takbo Co. for being one of the
10. Laica and Jessica, who are best friends, are
both engaged in moneylending at predatory
interest rates. Running out of funds, Laica borrows
Php 2,000,000.00 from Jessica for two months at a
monthly interest rate of 10%. Jessica releases the
borrowed amount after Laica signs a promissory
note. Laica then relends to Monica the borrowed
amount of Php 2,000,000.00 for two months, at an
interest rate of 30%.  After two months, Laica fails
to pay Jessica, prompting Jessica to file a collection
suit against the former, for the Php 2,000,000.00
principal and 10% interest per month pursuant to
their agreement. Laica counters that the monthly
interest rate of 10% is exorbitant and should be
reduced to the legal rate of interest at 6% per
annum.  wrongdoing. After the divorce, Eka went back to
Which between the positions of Laica and Jessica is
tenable? Explain briefly. (5 points)  Court (RTC) denied Eka’s petition because she
11. Leon is the owner of a condominium unit
located directly above the condominium unit
owned by Anj. In 2014, Leon undertook
renovations in his unit’s bathroom, which caused
water to leak from his bathroom down to Anj’s
unit, and caused extensive damage to Anj’s
belongings. As Anj had obtained
property insurance on her unit and its contents
from Proverbial Insurance Co. (PIC), Anj was  able
to recover the value of the damage in September
2016.   Gavin and Remy, who was then seven months
In October 2022, PIC, as subrogee of Anj, sued
Leon to recover the insurance proceeds it paid to
Anj. Leon interposed prescription to dismiss the
suit of PIC. PIC counters that the payment of the
insurance proceeds in 2016 created, by way of
legal subrogation, a 10-year period within which to
file the suit against Leon.
Is PIC correct? Explain briefly. (5 points)  
12. Gio, single, joined a marathon organized by
Takbo Co. For lack of alternative routes, the
marathon course included a public road which was
not blocked-off from vehicles. Takbo Co. solicited
the sponsorship of Kotse Corp. for added
financial support. Gio was hit by a jeepney driven
by JD on the public road and died. The parents of
Gio sued Takbo Co. and Kotse Corp. for damages.
The court ruled that Kotse Corp. is solidarily liable
principal movers of the event due to its
sponsorship.  
Is the court correct? Explain briefly. (5 points)  
13. Eka, a Filipina, and Du-guil, a Korean, married
in the Philippines. Thereafter, they moved to
Seoul, South Korea. While there, Du-guil began to
ignore Eka. He was always out with his friends and
usually came home drunk. When Eka could not
take their marital situation anymore, she asked for
a divorce. Du-guil agreed on the condition that Eka
would be the one to file for divorce, and that the
ground should be “no fault”, meaning, neither of
them is at fault or neither would be accused of any
the Philippines and filed a case to have the
judgment of divorce recognized. The Regional Trial
alone filed for divorce, in violation of the
second paragraph of Article 26 of the Family Code.
According to the RTC, Article 26 requires that
either the foreign spouse alone initiates the filing
of the divorce or, at the very least, Eka and Du-guil
should have filed for divorce jointly.  
Is the RTC correct? Explain briefly. (5 points) 
14. During Remy’s pregnancy, her father Gavin
executed a will bequeathing his rest house in
Calatagan, Batangas to Remy’s unborn child. While
pregnant, were on their way to Calatagan, they
figured in a car accident on December 1, 2021
which resulted in the instantaneous death of
Gavin and the premature delivery of Remy on the
same day. At 8:30 a.m. on December 3, 2021, the
newborn baby died.  
Is the devise in favor of the baby valid? Explain
briefly. (5 points) 
15. Miguel, who died single and childless, was
survived by his two legitimate brothers Romy and
Rolly, and his nephews Arno and  Pabs, the
legitimate sons of his predeceased legitimate
brother Edgar. Before his death, Miguel executed a
one-page notarial will, inclusive of an attestation
clause and a notarial acknowledgment, with only
one testamentary disposition bequeathing his
entire estate to Romy and Rolly. The will was not
paginated and was attested by four witnesses:
Uno, Dos, Tres, and Quatro. It was the eve of
Quatro’s 17th birthday when the will was executed.
The will was written in the Ilocano dialect which
Miguel knew and understood, but the witnesses
did not. Miguel and the witnesses signed at the
end of the testamentary disposition. The
attestation was also written in the Ilocano dialect
which, when translated to the English language,
reads as follows: “This will of Miguel was written in
ONE page. We, the attesting witnesses, signed at
the end of the will and at the bottom of this
attestation in the presence of Miguel and of each
of us.”  
Each of the four witnesses signed below the
attestation clause. Because none of the witnesses
knew and understood the Ilocano dialect, the
attestation was interpreted to them by Miguel’s
lawyer who was present to notarize the will.
(a) Does the fact that the will was written in a
dialect known only to Miguel invalidate the will?
What about the absence of the marginal
signatures of the testator and the witnesses?
Explain briefly.   to sell between him and Josh over the kamote
(b) May the will nonetheless be admitted to
probate? Explain briefly.  (5 points)
CIVIL LAW II (2022)
1. Pepe and Pilar are adjoining lot owners.
Suppose Pepe’s lot is titled and without his
knowledge, it was encroached upon by Pilar
whose lot is untitled but who honestly believed
that the encroached portion, where she built a
small bungalow house, is still within her property.
(a) Is Pilar a builder in good faith? Discuss Pepe’s
right as against Pilar.  Explain briefly.  When Oliver and Phil failed to arrive at an
(b) Suppose it is Pilar’s lot that is titled and Pepe’s
lot is untitled, would Pilar be a builder in good
faith? Discuss Pepe’s right as against Pilar.
Explain briefly. (5 points)  Oliver filed a complaint seeking the establishment
2. Thea, Vanessa, and Sophia are siblings who are
co-owners of a 600-sq. m. parcel of land covered
by TCT No. 12345 situated along Bangkal Road,
Makati City. Thea decided to sell her share, an
undivided 200-sq. m. portion of the property, to
Alyssa, a Filipino nurse who has been living in
Canada for the last ten years. Alyssa, without the
knowledge of Sophia and Vanessa, built a modest
house on the 200-sq. m. portion abutting the road
and leased it to Stell for Php 15,000.00 per month. 
(a) Could Thea legally transfer her share of the
property to Alyssa without the consent of Vanessa
and Sophia? Explain briefly. 
(b) Can Vanessa and Sophia respectively legally
demand from Alyssa a one third share in the
rentals? Explain briefly. (5 points) 
3. With the intent to develop a subdivision, Oliver
bought a parcel of land adjacent to a subdivision
owned by Phil. Oliver’s land had no direct access to
the highway, as it was blocked by a kamote
plantation owned by Josh. Phil’s subdivision, on
the other hand, already had a direct access to
the highway. To facilitate the release of the license
from the Department of Human Settlements and
Urban Development, Oliver presented a contract
plantation, on the representation that he
would construct an access road thereon.  
Pending approval of the license, Oliver sought the
consent of Phil to connect the road that would be
built by him with the main road of Phil’s
subdivision. Phil allowed him to do this pending
their negotiation on the compensation to be paid. 
With the eventual grant of the license, Oliver
began the development of his subdivision. To
protect the right of way over Phil’s subdivision,
Oliver was able to cause an annotation of adverse
claim on Phil’s property. 
However, when Oliver’s subdivision was already
completed, and with the adverse claim annotated,
Oliver believed that he no longer needed to buy
the kamote plantation and accordingly rescinded
the contract to sell with Josh. 
agreement on the consideration for the easement,
Phil built a wall blocking the road constructed by
Oliver that connected Oliver’s subdivision with his.
of an easement of right of way through Phil’s
subdivision which Oliver claimed to be the most
adequate and convenient access to the highway.
On the other hand, Phil filed a petition to have the
adverse claim cancelled. 
(a) Is Oliver entitled to a right of way through Phil’s construction of a hospital building was started in
subdivision? Explain briefly.  the following year. 

(b) Is there basis to have the adverse claim
cancelled? Explain briefly. (5 points)  foundation of the hospital building has, to this day,
4. The spouses Santos are the registered owners of
Lot 2 located in Umaga Subdivision, Caramoan,
Camarines Sur, covered by TCT No. 1369. Lot 2,
which has been occupied by the spouses Santos
for about 11 years, has a one-storey residential
house which was already erected thereon when
Lot 2 was purchased by them from the spouses
Cruz in 2005. At the time of the acquisition of Lot
2, the adjoining lot, Lot 1, which was also owned
by the spouses Cruz, was an idle land without any
improvements. Lot 1 remained empty until the
spouses Cruz started the construction of a two-
storey residential house thereon in 2018.  SISI Corp. needed to verify the same.
The house constructed on Lot 1 being taller than
the spouses Santos’ one-storey residential house,
the spouses Cruz’s two-storey residential house
obstructed the light, air, and view of the spouses
Santos’ residential house. The spouses Santos
bemoaned how, prior to the construction on Lot 1,
they received enough bright and natural light from
their windows. The construction rendered their
house dark such that they are unable to do their
normal activities in their house without switching
on their lights.   On the other hand, Eduardo claims to be an
Have the spouses Santos acquired an easement of
light and view with respect to Lot 1 owned by the
spouses Cruz? Explain briefly. (5 points)   owner’s duplicate of Salvador’s TCT. He likewise
5. In 2014, a wealthy young couple, the spouses
Tan, moved by the spirit of generosity and love for
their hometown in Siquijor, decided to donate a
one-hectare lot in favor of the province of Siquijor.
The Deed of Donation pertinently provides: 
“The herein DONORS hereby voluntarily and freely
give, transfer and convey, by  way of unconditional
donation, unto said DONEE, all of the rights, title
and interest  which the aforesaid DONORS have or
which pertain to them and which they
owned exclusively in the above-described real
property over a one hectare portion of the same,
solely for hospital site only and for no other
purpose, where a provincial  government hospital
shall be constructed.”  77347 was then cancelled and TCT No. 84660 was
The donation was recorded in the Registry of
Deeds, and a certificate of title to the property was
transferred to the province of Siquijor. In
accordance with the Deed of Donation, the
However, for reasons unknown, only the
been completed.  
Do the spouses Tan have valid grounds to revoke
the donation? Explain briefly.  (5 points) 
6. Being an overseas worker, Salvador issued to
Ronaldo a duly notarized Special Power of
Attorney (SPA) authorizing the latter to enter into
a contract of lease over Salvador's property
covered by TCT No. 122433 for a period of three
years with SISI Corp. Salvador entrusted to
Ronaldo the owner's duplicate of the TCT in case
  
Hearing rumors that the subject property was sold,
Salvador went to the Register of Deeds and was
shocked to find out that TCT No. 122433 had been
cancelled and TCT No. 334388 had been issued in
Eduardo’s name. To vindicate his property rights,
Salvador filed a complaint for cancellation of title
and reconveyance.  Salvador was able to prove
that he was out of the country when the
purported sale was executed.  
innocent purchase for value, stating that he paid
the fair market value to Ronaldo and that he relied
on the fact that Ronaldo presented the original
inspected the property and determined that
Salvador was indeed the owner.  
If you were the judge, decide. Explain briefly. (5
points) 
7. Atoy is one of the five children of Jawo. Jawo
was the registered owner of a four-hectare parcel
of land in Sta. Cruz, Laguna covered by TCT No.
77347. When Jawo died, the owner’s duplicate of
the TCT was kept by Jawo’s daughter, Akiko
(sister of Atoy), who resided in the said property.
Wanting to have the said four-hectare property
registered under his name, Atoy got in touch with
Franz who had special connections with the
Register of Deeds of Sta. Cruz, Laguna. TCT No.
issued in Atoy’s name on January 29, 2013.  Atoy
immediately mortgaged the property to the Rural
Bank of Sta. Cruz (RBSC).  Upon default and after
being declared the winning bidder in the
extrajudicial foreclosure sale, RBSC consolidated
ownership with the issuance of TCT No. 94477 in taxes,  together with the sketch and subdivision
its name.   plan; (iv) a Land Registration Authority  (LRA)
Report which states that the survey and
How will Akiko and the other heirs of Jawo be able subdivision plans and the technical  description of
to successfully argue that RBSC is not an innocent the property may be used as a basis for inscription
purchaser for value? Explain briefly. (5 points)  of the technical  description of the reconstituted
property; (v) a microfilm copy of the plans and 
technical description on file with the LRA; and (vi)
8. How does the New Civil Code distinguish the Extrajudicial Settlement of  Estate executed
between immovable & movable properties? among them. 
Explain briefly and give two examples for each. (5
points)  The public prosecutor, duly deputized by the Office
of the Solicitor General (OSG), prays for the denial
of the petition, and argues that the foregoing
9. This case involves two competing titles: TCT No.  documents are insufficient for reconstitution of
23456 in the name of Flor and TCT No. 65432 in TCT No. 49933. 
the name of de Luna. Flor’s title was derived from
Rodrigo. Rodrigo’s title was originally obtained Should the petition for reconstitution be granted?
through a judicial confirmation of title in 1950 Explain briefly. (5 points) 
based on a survey plan approved in 1931. On the
other hand, de Luna derived her TCT No. 65432
from Diaz who obtained an original title through 11. Ely borrows Php 2,000,000.00 from Mia and
judicial confirmation of title at a much later date, mortgages a parcel of land to secure the loan. The
in 1970, on the basis of a survey plan approved in mortgage provides for a 5% monthly interest, a
1921. It turned out that Flor’s TCT No. 23456, five-year maturity period, a default provision in
although titled prior in time, was based on a case of non-payment of interest or principal, and
survey plan that was marred with an extrajudicial foreclosure provision. On the
numerous blatant, obvious and serious defects, to fourth year, Ely fails to pay interest for three
the point that the trial court found it consecutive months. After sending a demand
dubious, irregularly approved and was therefore letter, Mia declares Ely in default and
fake.   extrajudicially forecloses the mortgage. Mia is the
highest bidder in the foreclosure sale, and
(a) Discuss the principle of “qui prior est tempore, consolidates ownership upon the lapse of the
potior est jure” in the torrens system of land redemption period.  
registration.  

(b) As between Flor and de Luna, whose title Can Ely have the foreclosure annulled and recover
should be declared valid and whose title should be the property? Explain briefly. (5 points)
voided? Explain briefly.  (5 points) 

12. Luz is the owner of a parcel of land consisting

10. In 2008, a fire razed the Register of Deeds of
San Fernando, Pampanga (RD).  Several titles on
file were burned. Long before the fire, Tito, Vic,
and Joey had been living in a 350-sq. m. lot
covered by TCT No. 49933, which they inherited
from their parents. The original of TCT No. 49933
on file with the RD was among the titles which
were burned. To effect the partition agreed among
them, the siblings filed a verified petition for
reconstitution of the TCT before your court.   expenses incidental to the sale will be paid by
To support the petition, the siblings presented: (i)
a notarized affidavit of loss duly  recorded and
registered with the RD; (ii) a photocopy of TCT No.
49933; (iii) real  property tax declarations and
receipts to evidence payment of real property
of 500 square meters located in San Miguel,
Bulacan and covered by TCT No. R-248016. Luz
agreed to sell to Minda the land for Php
500,000.00, payable in ten monthly installments,
with the first installment payable upon execution
of the contract to sell, to which Minda acceded.
They also agreed that the title to the land shall
only transfer to Minda upon full payment of the
consideration, and that any and all taxes, fees, and
Minda.  
Draft a notarized contract to sell between Luz and
Minda. (5 points)
 trial court’s decision was rendered with grave
abuse of discretion because the private
complainant's testimony clearly established that
Pedro had carnal  knowledge of her through force
and without her consent. In his comment, Pedro 
sought to dismiss the petition on the ground of
violation of his right against double jeopardy.  

POLITICAL LAW & As the CA, how would you rule on the petition?
Explain briefly. (5 points) 
INTERNATIONAL LAW
(WITH RELATED TAX 3. A city ordinance was passed providing for the
removal, at the owner’s expense, of: (i) all outdoor
PRINCIPLES) (2022) advertising materials displayed or exposed to the
public in designated regulated areas such as
residential zones, bridges, and along main city
1. A police officer saw Harvey urinating in public. A
streets; and (ii) billboards of substandard
local ordinance imposes a Php 500.00 fine for
materials, or which obstruct road signs and traffic
urinating in public. The police officer shouted at
signals. Failure to comply with said ordinance
Harvey: “That is  against the law!” Harvey
authorizes the mayor, assisted by the police, to
sarcastically answered: “No, this is against the
implement the removal of the non-compliant
wall!” Then and there, the police officer arrested
materials. ABC Ad Agency, owner of the billboards
him and brought him to the police station.  At the
removed by the city, filed a complaint because,
police station, Harvey was frisked and was found in
considering the nature of its business, the removal
possession of an unlicensed .38 caliber revolver
of its billboards amounted to taking of private
loaded with five live ammunitions. He was
property without just compensation.  
subsequently charged with Qualified Illegal
Possession of Firearms. When the prosecution
Will the complaint prosper? Explain briefly. (5
offered in evidence the unlicensed firearm and
points) 
ammunition, the defense objected on the ground
that the pieces of evidence are products of an
4. As a reaction to China’s occupation of the
illegal search and seizure. The prosecution
Spratly Islands, a rally was organized by various
contended that the pieces of evidence were
civil society aggrupations at a vacant private lot.
lawfully seized after a valid warrantless search
Before the event could even start, the police
incidental to a lawful arrest.  
ordered the organizers not to proceed with the
program because of security reasons and the fact
Was the search and seizure valid? Explain briefly.
that the group did not have a mayor’s permit.
(5 points) 
When the organizers still proceeded with the rally,
the police dispersed the crowd and arrested the
leaders of the group.
2. Pedro was the accused in a rape case. During
(a) Did the actions of the police constitute a
the trial, the private complainant testified that on
violation of the group’s constitutional right to
the night of the incident, she was walking home
peacefully assemble? Explain briefly.  
when Pedro, who was her neighbor, suddenly
(b) Would your answer be the same if the rally was
grabbed her and brought her to his house. There,
held at a freedom park?  Explain briefly.  
Pedro forcibly had carnal knowledge of her. After
(5 points) 
the prosecution rested its case, Pedro testified that
the sexual intercourse between him and the
private complainant was consensual. Eventually,
5. The K-12 Law was passed with the objective to
the trial court acquitted Pedro on reasonable
enhance the Philippine educational system by
doubt and found that the element of force was not
strengthening its curriculum and adding two years
established.  
of high school. Parents of students in a science
high school sought to have the law
The People filed a Rule 65 petition for certiorari
declared unconstitutional citing the equal
with the Court of Appeals (CA), alleging that the
protection clause of the Constitution. As well, the
parents averred that the law should not apply to
their children because the latter belong to a
distinct class, being gifted and advanced for their
age, with the capability to learn better and faster
compared to other high school students.   Moreover, the law was approved by the President.
Is the contention of the parents tenable? Explain
briefly. (5 points) 
6. President Hidalgo, who wanted the Philippines
to be part of the International Criminal Court once
again, signed the Philippines' ratification of the
Rome Statute.  A copy of the treaty, along with the
ratification, was sent to the Senate for
its concurrence. Senator Dalisay filed a proposed
“Resolution” for the Senate to concur with the
Philippines’ ratification. The proposed “Resolution”
was read three times on three separate days.
Three days before the third reading, printed copies
of the proposed “Resolution” in its final form were
distributed to all the Senators. The Senators then
unanimously approved the “Resolution”, and the
Senate expressed its concurrence with the treaty’s
ratification. A civil society group filed a petition
before the Supreme Court questioning the validity
of the Senate’s concurrence on the ground that
the “Resolution” was void because only a “bill”
becomes a law.  
Rule on the petition. Explain briefly. (5 points)  and an American father, as shown in his birth
7. After Martial Law was declared over Mindanao,
police officers arrested Jose Maria without any
warrant while shopping for groceries at a
supermarket in Mindanao. Jose Maria questioned
the validity of the arrest as he had no pending
case and was not committing any crime at the time
of his arrest. The police officers countered that the
declaration of Martial Law suspended the privilege
of the writ of habeas corpus, and as a result, they
could effect warrantless arrests.   citizen.
Is the contention of the police officers correct?
Explain briefly. (5 points) 
8. A law was passed exempting the Land Bank of
the Philippines (LBP) from the payment of filing
fees in collection cases on loans granted by LBP to
its borrowers.  The Office of the Court
Administrator (OCA) of the Supreme Court issued
a Memorandum requiring all courts to continue to
collect filing fees in collection cases filed by LBP,
stating that only the Supreme Court can decide on
exemptions from payment of filing fees. LBP assails
the OCA Memorandum, arguing that
the exemption found in the law is within the
plenary power of Congress to enact legislation.
Thus, LBP argues that the act of the OCA violates
the principle of separation of powers.  
Is LBP correct? Explain briefly. (5 points) 
9. During a press conference, President Acosta
explained that the Executive Department can
temporarily take over the operation of any
privately owned public utility or business affected
with public interest to address the shortage of
hospital beds occasioned by the COVID-19
pandemic. She invokes Article XII, Section 17 of the
1987 Philippine Constitution, which provides that:
“In times of national emergency, when the public
interest so requires, the State may, during the 
emergency and under reasonable terms prescribed
by it, temporarily take over or  direct the operation
of any privately owned public utility or business
affected with  public interest.” 
Is President Acosta correct? Explain briefly. (5
points) 
10. Lemuel was born in 1988 to a Filipino mother
certificate. His parents, however, were not married
to each other.  Subsequently, his father petitioned
for him, as a result of which Lemuel received
a certificate of American citizenship and an
American passport. In 2022, Lemuel filed a
certificate of candidacy to run as Representative of
the lone district of Batanes.  Ayla, a Filipino citizen
and resident of Batanes, filed a petition for
disqualification with the Commission on Elections
alleging that Lemuel is ineligible to run for public
office in the Philippines as Lemuel is an American
 
Is Ayla correct? Explain briefly. (5 points) 
11. The Commission on Higher Education (CHED)
directed higher education institutions to remove
materials “that contain pervasive ideologies of
Communist Terrorist Groups” from their libraries.
According to the CHED, the materials need to be
removed because these would radicalize students
against the government.  
Is the CHED directive a violation of the institutions’
academic freedom? Explain briefly. (5 points)  PMC’s charter also authorized it, acting through its
12. The Congress passed a law prohibiting the sale
and distribution of alcoholic drinks within 100
meters from religious and educational institutions.
A city enacted an ordinance increasing the
coverage of the prohibition to 150 meters from
any religious and educational institution.   assessor issued notices of assessment for real
Is the city ordinance valid? Explain briefly. (5
points)  According to the city assessor, PMC’s properties
13. Pursuant to a law ordering the fixing of “just
and reasonable standards, classifications,
regulations, practices, or services to be furnished,
observed and imposed by operators of public
utility vehicles,” the Land Transportation Franchise
and Regulatory Board (LTFRB) promulgated and
published a regulation that “no car beyond six
years shall be operated as a taxi.” Taxi operators
assailed the validity of the regulation contending
that procedural due process was violated because
position papers were not asked of them and no
notice was given to them prior to the issuance of
the regulation.  
capital, land, buildings, and equipment to PMC.
Board of Trustees: to acquire property; to
enter into contracts; to mortgage, encumber,
lease, sell, convey, or dispose of its  properties;
and to do other acts necessary to accomplish its
purposes and objectives.  
Among the properties of PMC are five lands and
buildings located in Quezon City.  The Quezon City
property taxes (RPT) against PMC’s properties that
are being leased to private concessionaires.
leased to private entities are subject to
RPT because these properties are not being
exclusively used for charitable purposes.  PMC, on
the other hand, claims that, as a government
instrumentality imbued with corporate powers, it
is exempt from RPT.  
(a) Is PMC liable for the assessed RPT over the
leased properties? Explain briefly.  
(b) Supposing PMC is correct that it is not liable for
RPT, may the city assessor assess the lessees for
the RPT due on PMC’s leased properties? Explain
briefly.  (5 points)

Were the taxi operators denied procedural due

process? Explain briefly. (5 points) 

14. A foreign commercial ship was spotted by the

Philippine Coast Guard dumping garbage and toxic
waste 20 nautical miles from Nasugbu, Batangas,
the nearest coastline of the Philippines. The
officers of the ship were arrested and charged in
the Regional Trial Court (RTC) of Batangas for
violation of environmental laws of the Philippines.
The officers of the ship filed a motion to dismiss
the case on the ground that Philippine courts do
not have territorial jurisdiction over the case since
the vessel was sailing outside the territorial sea of
the Philippines when the arrest was made.  

Is the ground to dismiss correct? Explain briefly. (5

points) 

15. Philippine Medical Center (PMC) is a

government hospital created by law to provide
healthcare to the general public, especially the less
fortunate. To enable PMC to perform its mandate,
the national government provided the initial
 prostitution but also with a child subjected to
other sexual abuse.

2. Moe, Curly, and Larry were drinking and singing

inside a karaoke bar when suddenly, Buboy
entered the bar and without warning, immediately
CRIMINAL LAW shot all three of them using a caliber .45 pistol.
Thereafter, Buboy ran out of the bar to escape.
Moe, Curly, and Larry died instantly due to
(2022) gunshot wounds in their heads and bodies. With
the help of eyewitnesses, Buboy was arrested.
After the inquest, the prosecutor charged Buboy
with three counts of Homicide.
1. Police officer John ran after Randy who had just
Do you agree with the charge of Homicide against
killed Willy in John’s presence. John fired at Randy
Buboy? Explain briefly. (5 points)
in an attempt to stop him in his tracks. In response,
Randy fired back at John, hitting him. John was
seriously wounded but survived due to timely
3. Michael was driving along the highway when he
medical assistance. Randy was then charged with
executed a prohibited U-Turn. Dyords, a police
Frustrated Homicide. During the trial, Randy
officer, accosted Michael for the traffic violation. A
claimed self-defense.
verbal argument ensued between them. Dyords
suddenly drew his service firearm and pointed it at
Is Randy’s claim of self-defense tenable? Explain
Michael. Dyords ordered Michael to alight from his
briefly.
car, which the latter obeyed. Dyords then
handcuffed Michael and pinned his head and body
Answer: YES. Sec. 5 (b) of RA 7610 or the
against the pavement until he could no longer
Anti-Child Abuse Law punishes a person
breathe. Michael died. Charged with Homicide,
who, through coercion,
Dyords interposed the exempting circumstance of
intimidation, or influence, engages in sexual
the accident as a defense.
intercourse or lascivious conduct not only with a
child exploited in
If you were the judge, how would you resolve
prostitution but also with a child subjected to
Dyords’ defense? Explain briefly. (5 points)
other sexual abuse.
In the instant case, the former beauty queen who
was then 16 years old was clearly influenced into
having sexual
4. Bernardo, a mayoralty candidate of Osram City,
intercourse with ex-bf when the latter misled her
wanted to eliminate Yori, his political opponent.
into doing what he wanted. She was likewise
Yori announced his intention to run for mayor of
coerced by her ex-bf
the same city. A month before the filing of
to have sex with him even after she had repeatedly
candidacy, Bernardo and Benjamin met at a hotel
said no.
and discussed their plan to kill Yori on the day
Answer: YES. Sec. 5 (b) of RA 7610 or the
when he would file his certificate of candidacy.
Anti-Child Abuse Law punishes a person
Based on their agreement, Bernardo would
who, through coercion,
provide the guns and the money, while Benjamin
intimidation, or influence, engages in sexual
would provide the personnel to cordon off all
intercourse or lascivious conduct not only with a
roads leading to the COMELEC’s local office.
child exploited in
prostitution but also with a child subjected to
On the day of the execution of the plan, however,
other sexual abuse.
Benjamin flew to Manila to avoid being involved in
Answer: YES. Sec. 5 (b) of RA 7610 or the
the planned killing of Yori. Bernardo, determined
Anti-Child Abuse Law punishes a person
to kill Yori, convened his own armed group and
who, through coercion,
laid out a new plan to kill Yori, and in accordance
intimidation, or influence, engages in sexual
with it, his armed group patrolled all the roads
intercourse or lascivious conduct not only with a
leading to the COMELEC’s local office. Bernardo
child exploited in
remained in his house and monitored the
execution of the plan from there. As soon as Yori
and his supporters passed by the main road at
around 2:00 p.m., Bernardo’s armed group opened
fire at them. Yori was unharmed as he was inside a
bulletproof vehicle, but ten of his supporters were
killed. Bernardo, the members of his armed group,
and Benjamin were later charged with ten counts
of Murder for the death of Yori’s supporters and
one count of Attempted Murder of Yori.
Discuss the criminal liability for the crimes charged
against each of the following: (i) Bernardo, (ii) the
members of Bernardo’s armed group, and (iii)
Benjamin. Explain briefly. (5 points)
5. A police officer responded to a disturbance call
at around 1:30 p.m. in an apartment in Quezon
City. Upon his arrival, the police officer
encountered Sisa stabbing her 1-year-old child
with a kitchen knife. The police officer grabbed
Sisa and the latter threw the knife on the floor.
Sisa was immediately taken into custody. Despite
suffering multiple stab wounds on her back, the
child survived. During the trial, Sisa insisted that
she can only be held liable for Attempted Parricide
because she voluntarily desisted when she threw
down the knife.
Is Sisa’s contention tenable? Explain briefly. (5
points)
6. Anna and Barbara, while working inside their
sari-sari store, saw Javier and Jorge robbing an
elderly woman of her purse and brutally beating
her to death. Anna and Barbara immediately ran
outside and, when they tried to help the elderly
woman, Javier and Jorge stabbed both of them.
Thereafter, Javier and Jorge ran away with the
elderly woman’s purse. Anna suffered one stab
wound which punctured her lung, but she survived
due to timely medical assistance. Barbara,
however, died as a result of nine stab wounds, one
of which pierced through her spleen.
If you were the prosecutor, what crime/s would
you file against Javier and Jorge for: (i) the death of
the elderly woman, (ii) the death of Barbara, and
(iii) the injuries sustained by Anna? Explain briefly.
(5 points)
7. Jesusa, a mayoralty candidate of the
Municipality of Jaen, Nueva Ecija during the 2019
local elections, was ambushed and gunned down
by Jhudas, a gun for hire. Jhudas was arrested at a
COMELEC checkpoint just after the incident. The
firearm he used, a baby Armalite, was verified to
be without any license. During the interrogation,
Jhudas admitted that Pontio, the rival mayoralty
candidate of Jesusa, paid him Php 1,000,000.00 to
assassinate Jesusa. Due to Jhudas’ admission,
coupled with the sworn statement of an
eyewitness, the prosecutor filed two Informations,
one for Murder and one for Illegal Possession of
Firearm, against both Jhudas and Pontio.
Do you agree with the prosecutor’s charges
against Jhudas and Pontio? Explain briefly. (5
points)
8. Jenny obtained fire insurance from YG Insurance
Co. (YG). In payment of the policy, she issued a
postdated check payable to cash in the amount of
Php 15,000.00 which was handed to Lisa, YG’s
sales agent. Lisa did not remit the check to YG.
Instead, Lisa deposited it in her husband’s bank
account, but the check was dishonored for having
been drawn from a closed account.
What crime, if any, was committed by Lisa and, if
there was any, what is its prescribed penalty?
Explain briefly. (5 points)
9. Madame X, with the promise of money, and
without the use of force, intimidation, or threat,
enticed Zia, a 15-year-old, to engage in oral sex by
allowing Madame X to lick Zia’s vagina. Zia
consented because she needed the money.
What crime, if any, was committed by Madame X?
Explain briefly. (5 Points)
10. During the 2022 national elections, Bern
posted on her Facebook page a statement that
Alfredo, an incumbent mayor vying for re-election,
has a pending corruption case with the
Sandiganbayan for pocketing Php 20,000,000.00 of
public funds under his custody.
Czarina, Bern’s friend, saw the post and
commented online, stating: “Bhie, true yan.
Alfredo is so corrupt. Marami ding binabahay yan.
Sugarol pa!” Donnabel, also Bern’s friend, reacted
to Bern’s post by clicking the “like” button.
Another person, Justine, who is a stranger to Bern
and her friends, but who claims to be a crusader
for good governance, came across the said post.
Finding it relevant to her advocacy and crusade,
Justine shared the link to Bern’s post on her
Twitter account.
Who among Bern, Czarina, Donnabel, and Justine,
if any, are liable for the crime of Cyberlibel?
Explain briefly. (5 points)
11. On May 15, 2013 at around 300 a.m., Lucy,
Mary, and Raphael were on board a passenger
jeepney, with Raphael behind the wheel. They
were traversing the highway on the southbound
lane.
Meanwhile, a Virgen Bus, driven by Kiko, was
traveling along the northbound lane. Kiko overtook
the vehicle in front of him, which caused him to
occupy the opposite lane where the jeepney was
on. With the Virgen Bus traveling at a high speed,
Raphael tried to avoid the collision but failed. The
bus hit the jeepney which resulted in Raphael’s
death, serious physical injuries to Lucy and Mary,
and extensive damage to the jeepney amounting
to Php 500,000.00.
The public prosecutor filed two Informations
charging Kiko for two separate offenses: (i)
Reckless Imprudence resulting in Serious Physical
Injuries for the injuries suffered by the passengers;
and (ii) Reckless Imprudence resulting in Homicide
and Damage to Property for Raphael’s death and
the damage to the jeepney.
Is the public prosecutor correct? Explain briefly. (5
points)
12. Sometime in 2011, while police officers were
conducting a foot patrol in connection with the
report of rampant illegal activities in the area,
police officer Pepe saw Raul inside a small shanty
holding a disposable syringe. Being a police officer
for almost 15 years and having previously made
more than ten arrests involving possession of drug
paraphernalia, Pepe entered through the open
door of Raul’s shanty and arrested him. Inside the
shanty, 23 more pieces of disposable syringes and
empty ampules were seized from Raul. Pepe
immediately marked the seized items, took
photographs thereof, and conducted an inventory
in the presence of Raul, a barangay kagawad, a
representative from the Department of Justice
(DOJ), and a media practitioner. The seized items
were turned over to the evidence custodian, who
kept them in a sealed container in the police
station.
During the trial of Raul for the crime of Illegal
Possession of Drug Paraphernalia, police officer
Pepe, the sole witness for the prosecution,
testified as narrated above. After which, the
prosecution rested its case. The defense did not
present any evidence.
If you were the judge, would you convict or acquit
Raul for the crime charged? Explain briefly. (5
points)
13. Joben, a school principal, called high school
students Paula and Gina, both 15 years old, to the
faculty room regarding the sexual text message
circulating around campus which made reference
to Joben’s daughter. In front of teachers and some
students, Joben shouted at Paula and Gina, asking
them who sent the said text message. Joben also
threatened to sue them and said: “Siguro nainggit
kayo sa anak ko kasi maganda sya, matalino at
mayaman. Sabihin nyo kasi sa mga magulang nyo
magsumikap sila para maging mayaman din kayo.
Di yung tatamad-tamad.” Joben then raised her
middle finger in front of Paula and Gina, saying
“Mga burikat (whore)!”
Later that day, Paula and Gina narrated the
incident to their parents and said that they were
ashamed of going back to school.
Is Joben guilty of violating Section 10(a) of
Republic Act No. 7610 for other acts of child
abuse? Explain briefly. (5 points)
14. On February 25, 2019, Bob approached Edward
to borrow Php 100,000.00 purportedly to settle
some obligations, promising that he would pay the
loan using a postdated check. Convinced by Bob's
promises of repayment with interest, and because
of their closeness
as former classmates in high school, Edward
agreed to lend the said amount. As payment, Bob
made, drew, issued in favor of, and delivered to
Edward in the latter's residence at No. 112 Maria
Orosa St., Ermita, Manila, CBC Savings Bank Check
No. 32710 postdated August 25, 2019 in the
amount of Php 105,000.00. When the check was
presented for payment on its due date in CBC
Savings Bank Quezon City Branch, it was
dishonored due to: “Drawn Against Insufficient
Funds” (DAIF).
On January 22, 2020, Edward sent a demand letter
to Bob to pay the face value of the check, but said
demand, although received by Bob, was not
heeded. Hence, the check remained unpaid, with
no arrangement for its payment.
Draft the appropriate Information, complete with
caption and title, charging Bob for violation of
Batas Pambansa Blg. 22. (5 points)
15. In 2003, the Province of Davao del Sur
purchased two vehicles for the use of the
Governor and Vice Governor, respectively. The
purchase requests, which were all signed by Luis as
then Governor of the province, requested for the
acquisition of one unit of Ford Ranger XLT 4x4 and
one unit of Toyota Hilux 4x4. The procurement of
the subject vehicles did not undergo competitive
public bidding as it was effected through direct
purchase. The mode of procurement was
approved by the members of the Bids and Awards
Committee (BAC) of the province. The two vehicles
were delivered to the provincial government, and
after inspection and acceptance by the concerned
officials, payments were issued to the suppliers.
Subsequently, a complaint was filed by a
concerned citizen before the Office of the
Ombudsman-Mindanao (OMB) claiming that the
purchase of the provincial government violated
the procurement law. The OMB, after due
investigation, verified that the provincial
government did not comply with the required
procedure of the procurement law. Based on this
finding, the OMB filed with the Sandiganbayan an
Information against Luis and the members of the
BAC for violation of Section 3(e)
of Republic Act No. 3019.
The Sandiganbayan found Luis and the members of
the BAC guilty on the sole reason that violation of
the procurement law constitutes evident bad faith
and manifest partiality on the part of the accused.
Is the Sandiganbayan correct? Explain briefly. (5
points)
LABOR LAW (2022)
1. Kotse Corp. operates a mobile phone
application “Kotse PH” that allows users to book
private cars on demand to their destination, and
matches them with nearby available “driver-
partners.” The destination is only made known to
the driver partners when the users have boarded
the vehicle. Kotse Corp. has an accreditation
process for its driver-partners who are required to
submit bio-data, professional driver’s license, and
negative drug test results, as well as pass an exam
on road safety. After accreditation, the driver-
partners are free to choose their own work hours
but Kotse Corp. requires them to complete at least
a total of 40 hours per week, or else the driver’s
share in the fare will be reduced. The fare is
determined by the application software depending
on distance, time, and the demand for rides. The
fare is paid by the user or passenger through the
application and Kotse Corp. remits the driver’s
share of 75% of the fare every two weeks. Kotse
Corp. keeps 25% as its commission. The driver-
partners are evaluated by the users or passengers
through a five-star rating system. Driver-partners
who consistently have an average rating of two
stars or below may be removed from Kotse Corp.’s
roster of driver-partners. The driver partners use
their own vehicles, pay for fuel, and secure their
own vehicle insurance.
Is there an employer-employee relationship
between Kotse Corp. and its driver-partners?
Explain briefly. (5 points)
2. Krys is a daily-paid factory worker who is
required to render eight hours of work per day.
Two days ago, he rendered only seven hours of
work as he arrived late in the morning. Yesterday,
Krys worked for nine hours as he was required to
assist in the processing of perishable goods. His
supervisor, Rudy, told Krys that he would not get
any overtime pay as his work for nine hours
yesterday was meant to offset the one-hour
shortfall in his work the day before.
(a) Is Rudy correct? Explain briefly.
(b) Assuming Krys is entitled to overtime pay, how
much will he get as overtime pay if his daily wage
is Php 640.00? Explain briefly. (5 points)
3. Cristina, a new hire of Sterling Corporation
(Sterling), was made to join the Sterling
Corporation Employees Union (SCEU) in
compliance with the union shop provision in the
collective bargaining agreement (CBA) between
SCEU and Sterling. At the request of SCEU, Sterling
started deducting union dues from Cristina’s salary
and remitting the same to SCEU pursuant to the
CBA provisions. Cristina protested, claiming that
she had not authorized the deduction in writing.
Is Cristina’s claim valid? Explain briefly. (5 points)
4. Due to Bitoy’s repeated unwanted sexual
advances towards his co-worker Diego, Diego went
to the Personnel Manager to report Bitoy’s
behavior. The Personnel Manager started a
disciplinary action case against Bitoy. In his
written explanation, Bitoy denied the allegation of
sexual advances. He also pointed out that sexual
harassment only pertains to a superior-
subordinate relationship, where the perpetrator is
the superior and the victim is the subordinate.
Since Diego is not his subordinate, as they are co-
workers with the same rank, Bitoy cannot be
subject to disciplinary action.
Is Bitoy’s contention correct? Explain briefly. (5
points)
5. Marino, a seafarer, was engaged as an oiler on
board Searena Corporation’s oil tanker vessel.
After ten consecutive contracts, with each contract
having a duration of eight months and the last one
ending in December 2021, Marino decided it was
time to enjoy his hard-earned money and
disembarked from the vessel upon the expiration
of his employment contract. In April 2022, he felt
excruciating pain in his groin. He went to a doctor
and was diagnosed with an acute hernia. The
doctor also determined that the hernia was caused
by repeated heavy lifting because of his work as an
oiler. As a result, Marino filed a case against
Searena Corporation before the Labor Arbiter,
claiming total and permanent disability under the
POEA Standard Employment Contract. Searena
Corporation raised in its position paper that
Marino is barred from filing the case as he did not
raise any complaints during the term of his
employment, and within three days from his
arrival in the country after his last employment.
If you were the Labor Arbiter, rule on Searena
Corporation’s defense. Explain briefly. (5 points)
6. Sonic Build Corp. employed Leo and Dan in its
cement factory and assigned them the tasks of,
among others, directing and supervising rank-and-
file employees. Leo and Dan are required to ensure
that such employees obey company rules and
regulations and recommend to the company’s
Human Resources Department any required
disciplinary action against erring employees. There
is only one union representing rank-and-file
employees.
May Leo and Dan join the union? Explain briefly. (5
points)
7. Two legitimate labor organizations (Union Jack
and Union Jill) are competing to become the first
sole and exclusive bargaining agent (SEBA) in
Maharlika Company. The unions agree to a
consent election without involving the Bureau of
Labor Relations (BLR). Union Jack garners an
overwhelming majority of the valid votes cast
during the consent election. Negotiation for a
collective bargaining agreement (CBA)
commences, and while this is ongoing, a third
union, Union Jumble, files with the BLR a petition
for certification election seeking certification as
the SEBA in Maharlika Company. Union Jack
opposes the petition, arguing that no petition for
certification election can be filed within one year
from the consent election, and during the CBA
negotiation.
Is Union Jack correct? Explain briefly. (5 points)
8. Julian was hired by Index Agency, a licensed
manpower and recruitment corporation, which
had a Service Agreement with Kainan Resto, a fast-
food restaurant, for the provision of ancillary and
support services. Index Agency assigned Julian to
work at Kainan Resto as a cashier and counter
clerk, whose duties involved taking customer
orders, receiving payments, preparing food orders,
and serving food to customers. Julian was accused
of short-changing a customer during one
transaction. He was immediately dismissed from
service by the manager of Kainan Resto. Julian
filed a complaint for illegal dismissal against Index
Agency and Kainan Resto. In its defense, Kainan
Resto argued that Julian was not its employee but
that of Index Agency, given that Index Agency, is a
licensed manpower and recruitment corporation.
Is Kainan Resto correct? Explain briefly. (5 points)
9. Sigaw Corp., a media entity, produces television
shows. To streamline its processes, it created a
database of camera crew and sound engineers
whom it usually engages for its television shows.
Sigaw Corp. pays them only “talent fees” each time
they are engaged for a show. Afte several years of
this set-up, the camera crew and sound engineers
filed a complaint for regularization against Sigaw
Corp. before the Labor Arbiter. On the other hand,
Sigaw Corp., claims that they are not regular
employees but independent contractors or talents
because they are engaged and paid for their
specific technical skills.
Rule on the complaint. Explain briefly. (5 points)
years from date of resignation or separation from
the company. Violation of this stipulation shall
make you liable for liquidated damages in the
amount of Php 5,000,000.00.” Trixie was able to
successfully produce the vaccine and for which AZ
Corp. paid her Php 50,000,000.00. Thereafter,
Trixie resigned from AZ Corp. and returned to her
work in the academe. AZ Corp. filed a complaint
for damages in the amount of Php 5,000,000.00
against Trixie for violation of the above stipulation
in her contract.
If you were the judge, rule on the validity of the
stipulation. Explain briefly. (5 points)

12. Discuss and differentiate between the

procedural requirements in termination of
QUESTION 9 employment for (i) just and (ii) authorized causes.
10. As Human Resources Manager of a five-star Explain briefly. (5 points)
hotel, you were told in confidence by several
fearful employees in the housekeeping
department that Joy, the head of housekeeping,
was a harsh disciplinarian who would pinch the
ears of her staff or rap their heads to drill
instructions on the proper way to clean and tidy up
the hotel rooms. One day, the assistant
housekeeper urgently called you to the supply
room of the hotel, where you found housekeeping
staff Erika and Patricia slumped on the floor with
bloody faces. The assistant housekeeper reported
that she saw Joy beat up Erika and Patricia with a
mop for allegedly stealing complimentary toiletries
for guests. Erika and Patricia was hospitalized for a
couple of days due to the injuries they sustained.

(a) Can Joy be placed on preventive suspension

pending administrative investigation? If so, for
what maximum period? Explain briefly.

(b) If Joy is placed on preventive suspension, is she

entitled to receive her wages and other benefits
during the period? Explain briefly. (5 points)

11. Trixie is a scientist/researcher in the academe,

specializing in vaccine research, particularly
messenger ribonucleic acid (mRNA) technology. At
COMMERCIAL LAW
(2022)
the start of the pandemic in 2020, Trixie was hired
by AZ Corp. to help formulate and produce a
vaccine against COVID-19. The employment
contract provides: “You shall not work for
whatsoever capacity, either as an employee,
agent, or consultant with any person, anywhere in
the Philippines, whose business is in direct and
indirect competition with the company during the 1. Samson Manufacturing, Inc. insured its own
period of this contract and for a period of ten (10) goods with Delilah Insurance for Php 2,000,000.00.
The same goods were insured by Alibaba Shipping board to prevent herself and her child from being
Co. with Assured Corp. for the same amount thrown out of the exit, but because the step board
pursuant to its contract of carriage with Samson was wet, her left foot slipped and was
Manufacturing, Inc. Both policies warranted that crushed between the step board and the coconut
no other insurance exists, and in case another tree which halted the jeepney’s backward motion.
insurance does exist, such would not void either As a result, Queenie’s leg was badly injured and
policy, but in no case should the claim exceed the had to be amputated. 
total amount of Php 2,000,000.00 at the time of
loss.   Queenie then sued Emil and Amor for breach of
contract of carriage. Emil and Amor countered that
Is this a case of double insurance? Explain briefly. the injuries Queenie sustained were due to her
(5 points)  own fault since Amor had instructed everyone not
to panic, but Queenie nevertheless tried to
disembark which caused her foot to be crushed. 
2. Muviel obtained a life insurance policy from X
Insurance Corp. Muviel underwent a medical If you were the judge, would you hold Emil and
examination and was certified as qualified to be Amor solidarily liable? Explain briefly. (5 points) 
insured. Unknown to X Insurance Corp., Muviel
had a mild stroke some years earlier. The
insurance policy expressly provided that
any misrepresentation in the questionnaire filled 5. FLIP Co. is engaged in a nationalized activity
up by Muviel for the issuance of the policy would requiring at least 60% Filipino ownership. Its
render the policy null, void and of no effect.  outstanding capital stock consists of 1,000,000
shares broken down into 400,000 non-voting
(a) If Muviel dies within the two-year period from preferred shares and 600,000 voting common
the time of issuance of the policy, will the shares out of which 20,000 are treasury shares.  
beneficiaries of Muviel be entitled to claim the
proceeds of the life insurance policy? Explain How many shares of the corporation must be
briefly.  owned by Filipinos? Explain briefly. (5 points) 

(b) Should Muviel die after the two-year period,

will your answer be the same?  Explain briefly. (5
points)  6. Yoongi, a director of BTS Corp. PH, bought
substantial shares of its major supplier, Hybe, Inc.
When Hybe, Inc.’s contracts were taken up by the
3. Kotse Corp. is an entity that provides pre- BTS Corp.  PH Board, Yoongi not only voted for
arranged transportation services for a fee using an their approval but influenced other directors to do
online-enabled platform technology that connects so. Later, the Hybe, Inc. contracts turned out to be
passengers with drivers using their own vehicles.   disadvantageous to BTS Corp. PH and caused it
substantial losses.  
(a) Is Kotse Corp. a common carrier? Explain
briefly.   Discuss the action/s that may be pursued against
Yoongi under the Revised Corporation Code.
(b) Are the drivers engaged in common carrier Explain briefly. (5 points) 
service? Explain briefly. (5 points) 

7. LOKO Co., using a fraudulent scheme, was able

4. At around 4:00 p.m. of December 25, 2020,
Christmas Day, Queenie and her child, Paeng,
boarded a jeepney being operated by Emil and
driven by Amor. Queenie was made to sit on an
empty beer case at the edge of the rear
entrance/exit of the jeepney with her sleeping
child on her lap. When they reached an uphill
incline on the road, the jeepney slid backwards.
Queenie pushed both her feet against the step
to sell its shares to investors. The sale proceeds
were then secretly diverted by LOKO Co. to its
wholly owned subsidiaries. Later, LOKO Co.
became insolvent and was placed under
receivership. On behalf of the investor-
stockholders, the receiver demanded the
inspection of the books and records of LOKO Co.’s
subsidiaries. 
(a) Can LOKO Co.’s stockholders exercise, through promoted its products in the same publications
the receiver, their right of inspection of the books where Zui Cheneris had advertised  “CHENAPS”;
and records of LOKO Co.’s subsidiaries? (iii) despite its knowledge of prior use by Zui
Explain briefly.   Cheneris of  “CHENAPS”, Nutty Pharma had
(b) Is this a case of intra-corporate dispute? fraudulently appropriated the “CHENAPSE” mark 
Explain briefly.  (5 points)  by registering the same with the IPO; and, (iv) as
the prior user, Zui Cheneris is the  owner of
“CHENAPS” and the continued use by Nutty
8. EXIT Corp., no longer wanting to continue with Pharma of “CHENAPSE” will cause it grave and
its business, transferred to Entra, Inc. under an irreparable damage. Thus, Zui Cheneris prayed for
Asset Purchase Agreement all its properties and the cancellation of the trademark registration of
assets including goodwill. A creditor of EXIT Corp. Nutty Pharma’s “CHENAPSE”.  
demanded from Entra, Inc. the payment of
EXIT Corp.’s debt for the reason that the (a) As the RTC judge, will you enjoin Zui Cheneris
transaction amounted to a merger and, from further using the mark “CHENAPS”? Explain
therefore, the surviving corporation, Entra, Inc., briefly.  
must assume the debts of the
absorbed corporation, EXIT Corp.  (b) Is Zui Cheneris’ prayer for cancellation of Nutty
Pharma’s trademark registration tenable? Explain
Is the creditor’s demand tenable? Explain briefly. briefly.  (5 points) 
(5 points) 

10. Bank teller Loris submitted a Suspicious

9. Zui Cheneris Corp. is a pharmaceutical company
operating in the Philippines since 1999. One of its
products is a drug called carbamazepine under the
brand name “CHENAPS”, which is an
anticonvulsant used to control all types of seizure
disorders of varied causes like epilepsy.  cause which could support the belief that
Nutty Pharma, also a pharmaceutical company in
the Philippines, sells citicoline under the mark
“CHENAPSE”, which is indicated for the treatment
of cerebrovascular disease or stroke. “CHENAPSE”
was registered as a trademark by Nutty Pharma
with the Intellectual Property Office of the
Philippines (IPO) on September 24, 2017.  
Transaction Report (STR) on Marychelle, a
politically exposed person (PEP), who, when asked
about her deposit of Php 2,000,000.00 in cash,
winked and replied “Sikreto teh”. The Anti-
Money Laundering Council did not find probable
Marychelle had committed an unlawful activity or
was otherwise involved in money laundering.
Marychelle now wants to sue the bank and Loris
for allegedly discriminating against her.  
Discuss whether or not Loris and the bank are
liable. (5 points) 

On November 29, 2017, Nutty Pharma filed with

the Regional Trial Court (RTC) a Complaint against
Zui Cheneris for Injunction, Trademark
Infringement, Damages and Destruction with
Prayer for Temporary Restraining Order and/or
Preliminary Injunction, alleging that Zui Cheneris’
“CHENAPS” is confusingly similar to its registered
trademark “CHENAPSE” and the resulting
likelihood of confusion is dangerous because the
marks cover medical drugs intended for different
types of illnesses.  nickel was in short supply.
11. Kauff Corp. had suffered tremendous losses as
a result of the COVID-19 pandemic and the
resulting economic slump. From a calculation of its
assets and liabilities, Kauff Corp. was technically
insolvent but management believed that it had the
chance to survive if its rights to mineral properties
could be exploited. Kauff Corp. has the rights to
several parcels of land containing nickel deposits.
Nickel prices had gone up in the world market and
 

Zui Cheneris, in its Answer, countered that: (i) it The creditors of Kauff Corp. are set to file suits for
has been  selling carbamazepine under the brand collection with application for writs of
name “CHENAPS” since 2004; (ii) it was  impossible attachment. 
for Nutty Pharma not to have known the existence
of “CHENAPS” before the latter's registration of As the counsel for Kauff Corp., what legal action
“CHENAPSE” because Nutty Pharma had  would you take to avert the suits and stave off
 insolvency and liquidation? Explain briefly. (5
points)  350,000.00 loan from a bank secured by a real
12. In a Facebook livestream, an author offered his
books online for sale by asking interested viewers
to type in “Mine” in the chatbox. A set of his books
was sold to a social media influencer who later
turned out to be a “joy reserver.” A “joy reserver”
refers to an online buyer who enthusiastically
shows interest in an item, but will not actually buy
it. The author made a screenshot of the social
media influencer’s “Mine” message as proof of the
acceptance of the offer.  serve summons, the sheriff waited in the lobby of
Does the screenshot of the message prove the
perfection of the sale contract? Explain briefly. (5
points)
REMEDIAL LAW I (2022)
1. Lebron, a Makati resident, obtained a Php
estate mortgage (REM) over his lot located in
Quezon City with an assessed value of Php
500,000.00. Lebron failed to pay despite written
demands. The bank intends to file an action for
judicial foreclosure of the REM.
Where should the action for judicial foreclosure of
the REM be filed and in which court? Explain
briefly. (5 points)
2. Asya, Inc. sued Kobe, a resident of Bukidnon. To
Makati Hotel (MH), where Kobe stays whenever he
is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an
emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room
number. The hotel refused to disclose on grounds
of confidentiality. The sheriff tried again the next
day, but Kobe was in a conference until midnight.
So, the following day, the sheriff left the summons
and a copy of the complaint with MH's chief
security officer (CSO), even as the CSO refused
because Kobe had already checked out by then.
The sheriff thereafter filed his return, stating the
dates, times and places of his attempts, the name
of the CSO, and the fact that the complaint was
served with the summons. When Kobe did not file
an Answer, Asya, Inc. moved to declare him in
default.
Was there a valid substituted service of summons?
Explain briefly. (5 points)
3. Ten days after service of summons, defendant
Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the
ground of improper service of summons, on the
basis of which the court did not acquire
jurisdiction over her person.
If you were the judge, how would you rule? Explain
briefly. (5 points)
4. Attorney Woo, the newly-hired lawyer of a law
firm, booked Samurai Express, a duly accredited
courier service within the National Capital Judicial
Region, to serve a copy of a motion for
reconsideration to Attorney Han, counsel for the
adverse party, whose office is in the City of Manila.
Attorney Han moved to deny the motion for failure
to contain a written explanation as to why the
motion was not served personally.
(a) Was the motion for reconsideration properly
served? Explain briefly.
(b) What shall be considered as proof of service of
this motion? Explain briefly. (5 points)
5. Jimuel filed against his wife Jewel a petition for
the declaration of nullity of their marriage, alleging
as ground therefor Jewel’s psychological incapacity
under Article 36 of the Family Code. The court
denied the petition for insufficiency of the
evidence presented at the trial. Much later, Jimuel
again filed a petition against Jewel for the
declaration of nullity of their marriage. This time,
the basis Jimuel’s petition was the absence of a
marriage license at the time their marriage was
celebrated. Upon Jewel's motion, the court
dismissed the petition on the ground of res
judicata by virtue of the judgment in the first suit.
Was the denial of the petition on the ground of res
judicata proper? Explain briefly. (5 points)
6. Isol, Inc. supplies rotisserie chicken products to
the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located
in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc.
to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates
laws on waste disposal. In the same action, Rona
also seeks to have Isol, Inc.’s business permit
revoked because an industrial facility is not
allowed by law to be located in a residential
neighborhood and Isol, Inc. failed to comply with
sanitary inspection and other procedural and
health requirements. In the complaint Rona filed,
she likewise prayed for the issuance of a writ of
preliminary injunction (WPI) to stop the kitchen
operations during the pendency of the case. Isol,
Inc., in its verified answer, strongly opposed the
prayer for WPI considering the huge financial
disaster that it will suffer if the writ were to be
issued, especially in light of the possibility that the
suit could continue to be pending for more than a
year.
Based on the foregoing, may the WPI prayed for
already be issued? Explain briefly. (5 points)
7. Is a prior determination of the status as a legal
heir in a separate special proceeding a prerequisite
to an ordinary civil action seeking the protection
and enforcement of ownership rights of such legal
heir vested by the law of succession? Explain
briefly. (5 points)
8. Namjoon, a Korean national, and Regine, a
Filipina, were married in Makati City on February
14, 2012. Unfortunately, their relationship shortly
turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea
granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for
recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she
resides.
The Office of the Solicitor General (OSG) opposed
the petition contending that the proper remedy is
a special proceeding for cancellation or correction
of entries in the civil registry under Rule 108 of the
Rules of Court, which can only be filed in the RTC
of Makati where the marriage was celebrated and
recorded in the Civil Registry of Makati.
Is the OSG’s contention tenable? Explain briefly. (5
points)
9. Notting Hill Corp. filed an action for forcible
entry against the ten occupants of a parcel of land
it owns. After the summary proceedings, the
Municipal Trial Court (MTC) rendered judgment
against the ten defendants. The defendants filed a
notice of appeal, but failed to file a supersedeas
bond to stay the judgment to vacate. Upon Notting
Hill Corp.’s motion, the MTC issued a writ of
execution. When Hugh, the sheriff, was
implementing the writ of execution, he discovered
that the land was occupied by a number of families
who all claimed that they were legitimate lessees
of the ten defendants. Julia, one of the lessees,
pleaded with Hugh, beseeching: “I’m just a lessee,
standing in front of a sheriff, asking him to let me
stay in my home.”
May Hugh implement the writ of execution against
the lessees? Explain briefly. (5 points)
10. An Information for Murder was filed against
the accused Demo and Onyok. It reads:
“That on or about the 9th day of March 2008, in
the City of Las Piñas, Philippines and within the
jurisdiction of this Honorable Court, the
abovenamed accused, conspiring and
confederating together and both of them mutually
helping and aiding each other, without justifiable
motive, with intent to kill and with treachery and
abuse of superior strength, did then and there
knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel
Rosario, by then and there repeatedly hitting and
beating his head with a baseball bat, thereby
inflicting upon the latter mortal injury which
caused his death. Contrary to law.”
The accused filed a motion to quash on the ground
that the Information does not conform
substantially to the prescribed form.
Is the accused correct? Explain briefly. (5 points)
11. Cain was indicted under an Information
charging him with the crime of Murder. He was
caught by the police in flagrante delicto as the
incident happened in a public place with many
witnesses present. Videos of the incident were
also posted online which the judge was able to
watch.
During his arraignment, Cain pleaded guilty to the
crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily
and with full understanding of the consequences.
The RTC directed the prosecution to present
evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during
the scheduled hearings. The RTC then ruled and
found Cain guilty beyond reasonable doubt based
solely on his plea of guilt.
Was Cain’s conviction proper? Explain briefly. (5
points)
12. Enumerate and describe three warrants that
may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)
13. Ricky, while driving his Maserati, smashes into
the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the
Toyota Vios. 6 of 6 Dante still sued Ricky criminally
for Reckless Imprudence because of Ricky’s
wayward and speedy driving. During trial, Dante
was called as witness to testify on Ricky’s offer to
compromise as an admission of guilt. Ricky’s
counsel objected.
If you were the judge, how would you rule on the
objection? Explain briefly. (5 points)
14. Klaus was drinking in front of his rented
apartment when he suddenly heard a gunshot
which came from inside the apartment owned by
Luther. Klaus then saw Igor, a neighbor, going
down the stairs and leaving the scene holding a
gun. Klaus also witnessed Luther fall from the
stairs with blood oozing from his chest. Vanya,
Luther’s daughter, also rushed to Luther when he
fell.
During Igor’s trial for Murder, Vanya testified and
presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said
footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and
entering Luther’s apartment. In the video, the
same man was seen hastily leaving the premises.
Vanya further testified that she was the one who
transferred to the flash drive the video footages
from the barangay-owned CCTV that was located
outside their apartment.
When the footages were played in court and an
enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense
objected on the ground that Vanya was not the
recorder of the video footages.
Are the CCTV footages admissible as electronic
evidence? Explain briefly. (5 points)
15. In a case for Estafa, the prosecution offered
the photocopy of the acknowledgment receipt
signed by the accused showing personal receipt of
the sum of money from the private complainant to
prove the amount of damage. Accused objected to
the offer of the photocopy on the sole ground that
it is a mere reproduction of the original in violation
of the original document rule. The court overruled
REMEDIAL LAW II
(WITH BASIC TAX
REMEDIES & LEGAL ETHICS)
(2022)
the accused’s objection and admitted in evidence
the photocopy of the acknowledgment receipt.
Did the court err in admitting the photocopy?
Explain briefly. (5 points)
1. Assume that you received an adverse decision
and filed a motion for reconsideration which was
denied.
Give the reglementary periods for filing the
following:
(a) Notice of Appeal to the Court of Appeals
(b) Petition for Certiorari  under Rule 65
(c) Petition for Review to the Court of Appeals
under Rule 42
(d) Petition for Review on Certiorari to the
Supreme Court under Rule 45
(e) Petition for Certiorari under Rule 64
2. Fides filed a case before the Regional Trial Court
(RTC) questioning the authority of the local
government unit (LGU) to assess real property
taxes (RPT) on a certain property she owns. She
also prayed for a writ of preliminary injunction
(WPI) to restrain the LGU from collecting the RPT.
The LGU moved to dismiss Fides’ case arguing that
since the matter involves RPT, her remedy was to
file an appeal to the Local Board of Assessment
Appeals.
(a) Is the LGU correct? Explain briefly
(b) If the RTC issues an order denying the
application for a WPI, and thereafter denies Fides’
subsequent motion for reconsideration, what is
her remedy? Explain briefly. (5 points)
3. Gail filed a forcible entry complaint against
Marianina before the Metropolitan Trial Court
(MeTC). The MeTC ruled in favor of Marianina. Gail
appealed the MeTC decision to the Regional Trial
Court (RTC). The RTC denied Gail’s appeal and
sustained the MeTC. Gail then filed a notice of
appeal with the RTC indicating that it is appealing
the RTC’s decision to the Court of Appeals (CA). In
her notice of appeal, Gail also requested the RTC
to transmit the records of the case to the CA.
Did Gail take the correct of mode of appeal?
Explain briefly. (5 points)
4. The Regional Trial Court (RTC) rendered a
decision against Kat. She received a copy of the
decision on December 26, 2021. Kat’s counsel filed
with the Supreme Court a petition for review
on certiorari  under Rule 45 by registered mail on
January 10, 2022. The petition was dismissed for
failure to pay the docket fees within the
reglementary period. Kat’s counsel challenged the
dismissal arguing that: (i) the intention was to pay
the docket fees after the same is assessed upon
the court’s receipt of the petition by registered
mail; and (ii) the dismissal of the petition
effectively rendered nugatory a party’s statutory
right to appeal by registered mail under the rules.
Kat’s counsel also added that she did not want to
include cash money in the mail.
Is Kat’s counsel correct? Explain briefly. (5 points)
5. In December of 2021, Matibag Realty Corp. and
Kasangga Construction Co. submitted their
construction dispute to arbitration before the
Construction Industry Arbitration Commission
(CIAC). In March 2022, the CIAC arbitral tribunal
rendered an award in favor of Kasangga
Construction Co.
What is Matibag Realty Corp.’s remedy? Explain
briefly. (5 points)
6. Nysa was defrauded by Jackie resulting in
damages to the former. Nysa filed a civil suit
before the Regional Trial Court (RTC). The RTC
dismissed her complaint. Within four years from
Nysa’s discovery of the dismissal of her complaint,
she filed, through her counsel, a petition for
annulment of judgment under Rule 47 of the Rules
of Court before the Court of Appeals (CA) on the
ground of fraud.
Should the CA give due course to Nysa’s petition?
Explain briefly. (5 points)
7. Alex, Bobbie, and Gabbie were charged with the
crime of Murder. Finding them to have acted in
conspiracy, the Regional Trial Court (RTC)
convicted them of Homicide. Only Bobbie
appealed the conviction with the Court of Appeals
(CA). Consequently, an entry of judgment was
issued as against Alex and Gabbie.
Subsequently, the CA modified Bobbie’s conviction
from Homicide to Murder. In the same judgment,
the CA likewise modified Alex and Gabbie’s
conviction from Homicide to Murder.
Upon learning of the CA’s decision, Alex and
Gabbie confronted Bobbie, saying: “Bakit ka pa ba
nag-appeal? Tumaas tuloy ang sentensya namin.
Nadamay pa kami!” Bobbie snapped back: “Bakit
parang galit kayo? Pero bakit kasalanan ko?
Parang kasalanan ko?”
Was the CA correct in modifying the judgment as
to Alex and Gabbie? Explain briefly. (5 points)
8. Mayor Dalupan, who was notorious for being
involved in rigged public biddings, was convicted
by the Sandiganbayan, in the exercise of its
original jurisdiction, for violation of Section 3 (e) of
Republic Act No. 3019, or the Anti-Graft and
Corrupt Practices Act. Seeking to overturn his
conviction, Mayor Dalupan filed a Rule 65 petition
for certiorari  before the Supreme Court on the
59th day from notice of the assailed
Sandiganbayan ruling.
Is the remedy availed of by MayorDalupan
correct? Explain briefly. (5 points)
9. Police officers Miggy and Laida were involved in
an alleged buy-bust operation against Mr.
Magtalas, a suspected drug dealer. Mr. Magtalas
maintained his innocence, asserting that the drugs
were merely planted. He further claimed that he
was unjustifiably beaten up by the police officers.
Mr. Magtalas filed before 5 of 5 the Office of the
Deputy Ombudsman for Military and Other Law
Enforcement Officers (OMB-MOLEO) a criminal
complaint for planting evidence which is
punishable under Section 29 of the Dangerous
Drugs Act (R.A. No. 9165). Mr. Magtalas also filed
an administrative complaint for grave misconduct
against Miggy and Laida in light of the
unwarranted physical assault against him.
The Office of the Ombudsman (OMB) rendered a
decision holding Miggy and Laida administratively
liable for grave misconduct and accordingly
imposed the penalty of dismissal from service. A
few weeks later, the OMB issued a separate
resolution finding probable cause against them for
violation of Section 29 of R.A. No. 9165.
Aggrieved, Miggy and Laida filed before the
Supreme Court the following: (i) a Rule 65 petition
for certiorari assailing the OMB’s decision finding
them administratively liable for grave misconduct;
and (ii) a Rule 45 petition for review
on certiorari  assailing the OMB’s resolution finding
probable cause against them.
Were the remedies availed of by Miggy and Laida
proper? Explain briefly. (5 points)
10. After due proceedings, the Bureau of Internal
Revenue (BIR) issued a Final Notice and
Assessment with Final Letter of Demand assessing
Kotse Corp. for deficiency income taxes covering
calendar year 2021, which Kotse Corp. duly
protested. A month after receipt of the protest,
the Commissioner of Internal Revenue issued a
notice of garnishment against Kotse Corp.’s
deposit accounts in GENZ Bank.
If you were counsel for Kotse Corp., what advice
would you give to secure an injunction against the
notice of garnishment? Explain briefly. (5 points)
11. You are the counsel for Boni and Klyde, who
are accused as co-conspirators in a Murder case.
During arraignment, they both pleaded not guilty.
In the course of the trial, Klyde confessed to you
that it was actually Boni who committed the
Murder and that he merely helped Boni dispose of
the body. Klyde tells you that he wants to plead
guilty and directs you to inform the prosecution
and the judge that he wants to testify against Boni
as a state witness.
Can you continue to represent Boni, or Klyde, or
both? Explain briefly. (5 points)
12. Identify five duties of a lawyer as stated in the
Lawyer’s Oath. (5 points)