Professional Documents
Culture Documents
18 Bar Partial
18 Bar Partial
Ricalde and Riboli were charged with conspiracy to (a) Can Robin and Rowell be prosecuted for use of
commit treason. During the hearing of the two dangerous drugs for their one-night use of these
cases, the government only presented as witness, products in Amsterdam? (2.5%)
General Riturban, who testified on the activities of
the Ratute brothers, Ricalde, and Riboli. (b) Can they be prosecuted for importation of
dangerous drugs? (2.5%)
(a) Can Ricalde and Riboli be convicted of the
crime of conspiracy to commit treason? (2.5%) (c) If found liable under either (a) or (b) above,
what is the penalty that may be imposed on them?
(b) Will the testimony of General Riturban, (2.5%)
assuming he can testify on acts within his personal
knowledge, be sufficient to convict the Ratute (d) Can Roccino be prosecuted for the act of
brothers, Ricalde, and Riboli? (2.5%) accessing and sharing on Facebook the private
pictures sent by PM to his brother? If yes, for what
crime? (2.5%)
XIV
Robin and Rowell are best friends and have been
classmates since grade school. When the boys XV
graduated from high school, their parents gifted During the presentation of the prosecution's
them with a trip to Amsterdam, all expenses paid. evidence, Reichter was called to the witness stand
At age 16, this was their first European trip. with the stated purpose that he would testify that
his wife Rima had shot him in the stomach with Ten days later, Ruben came back to Rorie and
a .38 caliber pistol, resulting in near fatal injuries. pleaded for forgiveness. However, Rorie expressed
Upon objection of the defense on the ground of her wish to live separately from Ruben and asked
the marital disqualification rule, the presiding him to continue providing financial support for
judge (Judge Rossano) disallowed Reichter from their daughter Rona. At that time, Ruben was
testifying in the case. Its motion for earning enough to support a family. He threatened
reconsideration having been denied, the People of to withdraw the support he was giving to Rona
the Philippines went up on certiorari to the Court unless Rorie would agree to live with him again.
of Appeals (CA) questioning Judge Rossano's But Rorie was steadfast in refusing to live with
ruling. Ruben again, and insisted on her demand for
support for Rona. As the ex-lovers could not reach
After due proceedings, the CA rendered judgment an agreement, no further support was given by
declaring Judge Rossano's ruling void ab initio for Ruben.
having been made with grave abuse of discretion
amounting to lack or excess of jurisdiction, and
directing Judge Rossano to allow Reichter to testify What crimes did Ruben commit:
in the criminal case for the stated purpose. This is
based on the fact that the marital privilege rule (a) For beating and humiliating Rorie? (2.5%)
does not apply where a spouse committed the
crime against the other. (b) For withdrawing support for Rona? (2.5%)
XVIII
Mrs. Robinson is a teacher at an elementary
school. In one of her classes, she found, to her
consternation, that an 8-year old Richard was
always the cause of distraction, as he was fond of
bullying classmates smaller in size than him.
One morning, Reymart, a 7-year old pupil, cried
loudly and complained to Mrs. Robinson that
Richard had boxed him on the ear. Confronted by
Mrs. Robinson about Reymart's accusation,
Richard sheepishly admitted the same. Because of
this, Mrs. Robinson ordered Richard to lie face
down on a desk during class. After Richard obliged,
Mrs. Robinson hit him ten (10) times on the legs
with a ruler and pinched his ears. Richard ran
home and reported to his mother what he had
suffered at the hands of Mrs. Robinson. When
Richard's parents went to Mrs. Robinson to
complain, she interposed the defense that she
merely performed her duty as a teacher to
discipline erring pupils.
II
Yolanda executed and signed a promissory note
with all the requisites for negotiability being
present, except for the amount which was left
blank. She kept the promissory note in her desk
and decided to place the amount at a later date.
The indicated payee, Yohann, managed to obtain
the promissory note from Yolanda's desk and filled
out the amount for the sum of PhP 10 million,
MERCANTILE LAW (2018) which was the amount actually lent by him to
Yolanda, but excluding the agreed interest. Yohann
later endorsed and delivered the check to Yvette,
I
under circumstances that would constitute the
Yeti Export Corporation (YEC), thru its President,
latter to be a holder in due course.
negotiated for Yahoo Bank of Manila {YBM) to
issue a letter of credit to course the importation of
(a) May Yvette hold Yolanda liable on the note?
electronic parts from China to be sold and
(2.5%)
distributed to various electronic manufacturing
companies in Manila. YBM issued the letter of
(b) Would your answer be the same if the
credit and forwarded it to its correspondent bank,
promissory note was actually completed by
Yunan Bank (YB) of Beijing, to notify the Chinese
Yolanda (including the amount of PhP 10 million),
exporters to submit the bill of lading in the name
but stolen from her desk by Yohann? Can Yvette
of YBM covering the goods to be exported to
enforce the note against Yolanda? (2.5%)
Manila and to pay the Chinese exporters the
purchase price upon verification of the
authenticity of the shipping documents.
III
On November 23, 2017, Yas Ysmael (Ysmael)
The electronic parts arrived in the Port of Manila,
loaned the amount of PhP 5 million to Yarn &
and YBM released them to the custody of YEC as
Thread Corporation (YTC), through its President,
an entrustee under a trust receipt. When YEC
Ylmas Yektas (Yektas), which loan was evidenced
unpacked the imported parts in its warehouse, it
by a Promissory Note (PN), which reads as follows:
found that they were not only of inferior quality
but also did not fit the descriptions contained in Date: _______
the bill of lading. YEC refused to pay YBM the
amount owed under the trust receipt. YBM Within one year from date hereof, I promise to
thereafter commenced the following: pay to the order of YAS YSMAEL, the sum of PhP 5
million with interest at 120% per annum.
(a) Civil suit to hold YB liable for failure to ensure
that the electronic parts loaded for exportation in YARN & THREAD Corporation
China corresponded with those described in the
bill of lading. Is there any merit in the case against By:
YB? (2.5%)
(Sgd.)
(b) Criminal suit against YEC and its President for Ylmas Yektas
estafa, and sought the payment of the amount
covered in the trust receipt. The defense of the
Yektas was the controlling stockholder of YTC at Gerona, Tarlac, the bus came to a full stop because
the time the PN was issued. As security for the of the traffic. The driver of the bus took this
payment of the PN, Yektas issued and delivered to opportunity to check on the tires of the bus and to
Ysmael a postdated personal check covering the relieve himself. As he was alighting from the bus to
face value of the PN drawn from his account with do these, an unidentified man standing along the
Yellow Bell Bank and Trust Company. The proceeds highway hurled a huge rock at the left side of the
of the loan under the PN were used by YTC as bus and hit Ysidro between his eyes. He lost
working capital. consciousness and immediately the driver, with
A year later, Ysmael inserted the date of the conductor, drove the bus to bring him to the
"November 23, 2017" on the date section of the nearest hospital. He expired before the bus could
PN, and made a formal demand upon YTC, through reach the hospital.
Yektas, to pay the note, but which was refused on
the ground that Yektas was no longer the Ysidro's wife and children brought a civil action to
President and controlling shareholder of YTC. By collect damages from Yatco, alleging that as a
this time, all the shares of YTC had already been common carrier, it was required to exercise
sold to a new group of investors. Ysmael deposited extraordinary diligence in ensuring the safety of its
the personal check issued by Yektas which was passengers. They contended that, in case of
dishonored. He then filed a collection suit against injuries and/or death on the part of any of its
YTC and Yektas including the accrued interest. passengers, the common carrier is presumed to be
The defendants raised the following defenses in at fault. In its defense, Yatco alleged that it is not
the collection suit. Rule on the merits an absolute insurer of its passengers and that
of each defense. (2% each) Ysidro's death was not due to any defect in the
means of transport or method of transporting
(a) A PN issued with a blank date is one that is not passengers, or the negligent acts of its employees.
payable on demand or on a fixed or determinable Since the accident was due to the fault of a
future time, and therefore the insertion of the stranger over whom the common carrier had no
date constituted material alteration that nullified control, or of which it did not have any prior
it, so that no cause of action arose. knowledge to be able to prevent it, the cause of
Ysidro's death should be considered a fortuitous
(b) Yektas cannot be made liable on the PN since event and not the liability of the common carrier.
he signed in his capacity as President of YTC, which
fact was known to Ysmael although not indicated (a) Is a common carrier presumed to be at fault
on the PN. whenever there is death or injury to its
passengers, regardless of the cause of death or
(c) Yektas signed the PN merely as an injury? (2.5%)
accommodation to YTC. As he received no
consideration for the PN, it is void for lack of (b) What kind of diligence is required of common
consideration. carriers like Yatco for the protection of its
passengers? (2.5%)
(d) YTC, now owned by new owners, cannot be
held liable on the PN since it was entered into by (c) Will your answer be the same as your answer in
its former owner and President, which act the new
Board of Directors did not ratify. (b) above, if the assailant was another paying
passenger who boarded the bus and deliberately
(e) The PN .is void for being in violation of the stabbed Ysidro to death? (2.5%)
Usury Law seeking interest at an unconscionable
rate of 120% p.a.
V
Yellow Fin Tuna Corporation (Yellow Fin), a
IV domestic corporation, applied for a credit facility
Ysidro, a paying passenger, was on board Bus No. in the amount of PhP 50 million with Yengzi
904 owned and operated by Yatco Transportation Financial Corporation (YFC). The application was
Company (Yatco). He boarded the bus at Munoz, approved and the Credit Agreement was signed
Nueva Ecija with Manila as his final destination. He and took effect. Ysko and Yuan, Yellow Fin
was seated on the first row, window seat on the Chairman and President, respectively, executed a
left side of the bus. As the bus was negotiating the Continuing Suretyship Agreement in favor of YFC
national highway in front of the public market of wherein they guaranteed the due and full payment
and performance of Yellow Fin's guarantee
obligations under the credit facility. YFC soon (a) Is Yang correct in saying that her designation as
discovered material inconsistencies in the financial beneficiary was irrevocable? (2.5%)
statements given by Yellow Fin, drawing YFC to
conclude that Yellow Fin committed (b) Do Vessel and Vinsel have "insurable interest"
misrepresentation. Under the Credit Agreement, on the life of Yin? (2.5%)
any misrepresentation by Yellow Fin or its sureties
will constitute an event of default. YFC thus called
an event of default and filed a complaint for sum VII
of money against Yellow Fin, Ysko, and Yuan. Yelp Pictures Inc. (Yelp Pictures), a movie
Immediately thereafter, Yellow Fin filed a petition production company based in California, USA,
for rehabilitation. The court suspended the entered into a contract with Yehey Movies Inc., a
proceedings in YFC's complaint until the Filipino movie production and distribution
rehabilitation court disposed of the petition for company which is registered in the Philippines
rehabilitation. YFC posits that the suspension of under the Securities Regulation Code (SRC) and
the proceedings should only be with respect to listed in the Philippine Stock Exchange Inc. (PSE),
Yellow Fin but not with respect to Ysko and Yuan. for the exclusive distribution in the Philippines of
movies produced in the USA by Yelp Pictures.
Is YFC correct? (2.5%) Yehey Movies is currently owned 85% by Yavic
Yamson, and the balance, by the public in the
Philippines. For purposes of entering into the
VI contract, suing for breach of such contract, and
Shortly after Yin and Yang were wed, they each prosecuting unauthorized showing of movies
took out separate life insurance policies on their produced by Yelp Pictures, it appointed Atty. Yson,
lives, and mutually designated one another as sole a local lawyer, as its attorney-in-fact.
beneficiary. Both life insurance policies provided
for a double indemnity clause, the cost for which Simultaneously with the execution of the film
was added to the premium rate. During the last 10 distribution agreement, Yehey Movies also granted
years of their marriage, the spouses had faithfully Yelp Pictures an option to acquire up to 40% of the
paid for the annual premiums over the life policies total outstanding capital stock in Yehey Movies
from both their salaries. Unfortunately, Yin fell in post-exercise of the option, at the option price of
love with his officemate, Vessel, and they carried PhP .01 per number of shares covered by the
on an affair. After two years, their relationship option, exercisable within a period of one (1) year
bore them a daughter named Vinsel. Without the from the date of the grant, at the exercise price of
knowledge of Yang, Yin changed the designation of PhP 100 per share. Once exercised, Yelp Pictures
the beneficiary to an "irrevocable designation" of was granted the right to nominate two (2)
Vinsel and Vessel jointly. When Yang learned of directors to the Board of Yehey Movies, and Yavic
the affair, she was so despondent that, having Yamson agreed to vote all his shares for the
chanced upon Yin and Vessel on a date, she election of directors to be nominated by Yelp
rammed them down with the car she was driving, Pictures.
resulting in Vin's death and Vessel's complete loss
of mobilization. Yang was sued for parricide, and (a) May the acts of entering into the film
while the case was pending, she filed a claim on distribution contract, the subsequent execution
the proceeds of the life insurance of Yin as and performance of the terms of the contract in
irrevocable beneficiary, or at least his legal heir, the Philippines, and the appointment of Atty. Yson,
and opposed the claims on behalf of Vessel and be considered as act of "doing business" in the
her daughter Vinsel. Yang claimed that her Philippines that will require Yelp Pictures to
designation as beneficiary in Vin's life insurance register as a foreign corporation and obtain a
policy was irrevocable, in the nature of one license to do business in the Philippines? (2.5%)
"coupled with interest," since it was made in
accordance with their mutual agreement to (b) Will your answer in (a) be the same if Yelp
designate one another as sole beneficiary in their Pictures exercises the option, becomes a
respective life policies. She also claimed that the substantial shareholder, and is able to elect two
beneficiary designation of Vessel and the (2) directors in the Board of Yehey Movies? (2.5%)
illegitimate minor child Vinsel was void being the
product of an illicit relationship, and therefore (c) Must the option granted to Yelp Pictures be
without "insurable interest." registered under the SRC? (2.5%)
However, the preferred shareholders made a
formal demand that they be given an additional
VIII 3% dividend for each of the five (5) years based on
Yenkell Cement Corporation (YCC) is a public the preferred shares features of "cumulative and
corporation whose shares are listed at the PSE. It is participating," and an additional 1 % given to the
60% owned by Yenkell Holdings Corporation (YHC) common shareholders, which could all be
and 20% by Yengco Exploration Inc. (YEI). The accommodated within the remaining balance of
remaining 20% is held by the public. YHC is a the net profits.
private non-listed corporation which, in turn, is
60% owned by Yatlas Mines Inc. (YMI), and 40% by Should Yi's Board heed the demand of its preferred
Yacnotan Consolidated Inc. (YCI). On August 8, shareholders? (2.5%)
2008, the Board of Directors of YEI passed a
resolution approving the acquisition of 50% and
25% of the shares held by YMI and YCI, X
respectively, in the authorized capital stock of YHC. Ybarra is the registered shareholder of 500 shares
in Yakal Inc., of which only 50% has been paid up,
Yolly, one of the staff members in the office of the but for which the corporation had erroneously
Corporate Secretary of YEI, was immediately asked issued a covering certificate of stock for the entire
to type the resolution and file the disclosure with 500 shares. Ybarra sells the entire 500 shares for
the PSE and the Securities and Exchange cash pursuant to a notarized Deed of Sale in favor
Commission (SEC). Before doing that, she secretly of Ynchon, and which certificate was duly
called her brother who works with a stock endorsed and delivered. When Ynchon presented
brokerage company, to purchase, in the name of the Deed of Sale and the endorsed certificate of
Yolly's husband, 5,000 shares in YCC. After the stock, as well as proof of payment to the Bureau of
acquisition was disclosed to the SEC and the PSE, Internal Revenue (BIR) of the tax due on the sale of
the market price of YCC increased by 50%. shares, the Corporate Secretary of Yakal Inc.
refused to register the sale on the ground of lack
(a) In acquiring 75% of the total capital stock of of written authority from Ybarra to cancel the
YHC, should YEI be required to do a mandatory certificate and have the shares registered in the
tender offer? (2.5%) name of Ynchon.
(b) Can Yolly be held liable for insider trading? (a) Does Ynchon have a cause of action to file a
(2.5%) petition for mandamus to compel the corporation
to register the 500 shares in his name in the
corporation books? (2.5%)
IX
Yangchou lnc.'s (YI) Articles of Incorporation (AOI) (b) Who is liable to pay the remaining unpaid 50%
provides for two (2) types of shares of stock: balance - Ybarra or Ynchon? (2.5%)
common and preferred shares. Its AOI further
provides that "the preferred shares shall have a
guaranteed annual dividend of 3% of the par XI
value." Its By-Laws also specifically provides that Yenetic Corporation wants to increase its
"preferred shareholdings shall be cumulative and Authorized Capital Stock (which is currently fully
participating." No other terms of preference are subscribed and issued) to be able to increase its
provided for preferred shares in either the AOI or working capital to undertake business expansions.
By-Laws of YI. The Board of Directors consults with you as legal
counsel on the proper answers to the following
For the first five years of operations, the company issues: (2.5% each)
was operating at a loss. At the end of the sixth
year, YI realized a net profit of PhP 100 million, and (a) Can Yenetic's AOI be formally amended to
unrestricted retained earnings of PhP 30 million. remove the right of appraisal on all dissenting
The YI Board of Directors declared and paid out stockholders in all matters under the law which
dividends of 1 % on common shares, and 5% on requires a ratification vote of the stockholders?
preferred shares, which amounted to a total of
PhP 30 million. (b) If the increase in Authorized Capital Stock is
formally submitted to the stockholders in a
meeting duly called for the purpose, what is the
vote necessary for the stockholders' ratification, for his personal account and entered into the
and may the dissenting stockholders exercise their books of Yashtag Holdings as "Advances to
appraisal right? Stockholders." Mr. Yokada pleads as a defense that
he cannot be made personally liable on the claim
(c) Once the increase in the Authorized Capital of the group under the doctrines of "Separate
Stock of Yenetic has been legally effected with the Juridical Personality" and "Limited Liability."
SEC, can the new shares from the unissued shares
be offered to a new limited group of investors (a) What are the doctrines of "Separate Juridical
without having to offer them to the shareholders Personality" and "Limited Liability"? (2.5%)
of record since no pre-emptive right is provided for
in the AOI and By-laws of Yenetic? (b) Decide on the merits of Mr. Yokada's defense
against being made liable for Yashtag Holdings'
obligations. (2.5%)
XII
Yashtag Holdings, lnc.'s (Yashtag Holdings) AOI
states that its primary purpose is "to invest in real XIII
and personal properties of every kind or otherwise YBC Bank extended a loan of PhP 50 million to Mr.
acquire and deal with stocks, bonds, and other Yamato secured by a real estate mortgage (REM)
securities or evidence of indebtedness of any other on a large tract of land. The covering Transfer
corporation, and to hold or to own, use, sell, deal Certificate of Title (TCT) of the property mortgaged
in, and dispose of, any such stock." It further states did not indicate any encumbrance or lien on it, and
that it has an authorized capital stock of PhP 1 the bank was able to obtain a certified true copy of
million, all of which have been fully subscribed and the TCT from the Register of Deeds showing that
paid up. the owner's copy submitted to the bank was a
genuine title. The Loan Agreement provided an
Yashtag Holdings' President, Mr. Yokada, escalation clause which stated that, at the
convinced Yeh, Yah, and Yo to lend/invest money anniversary date of the loan, YBC Bank was
with Yashtag, which money will be invested in a granted the option to increase the interest rate
sister company, Yashtag Realty, Inc. (Yashtag whenever there would be an increase in the
Realty), a corporation that develops premium real Bangko Sentral ng Pilipinas' prevailing rates. Three
estate projects in the Philippines. For the amount years later, Mr. Yamato received a formal notice
loaned/invested, Yashtag Holdings issued two (2) from YBC Bank raising the interest rate of the loan
postdated checks to each lenderflnvestor, one based on the escalation clause provided for in the
representing the principal amount, and the other Loan Agreement. Mr. Yamato refused to pay based
covering the guaranteed interest that ranged on the increased interest rate that was effected
between 18-32% p.a. On the maturity dates of the without his consent. YBC Bank insists on the
checks, the individual lender/investor can review binding effect of the escalation clause appearing
the loans/investment, and may either collect only on their Loan Agreement.
the interest or roll over the same with the principal
amounts. Eventually, the bursting of the real Mr. Yamato subsequently defaulted on the loan
estate bubble brought about a serious financial and vanished. Thus, YBC Bank extrajudicially
crisis around the world, including the Philippines. foreclosed on the REM, and was the highest bidder
Yashtag Realty collapsed and with it Yashtag at the public auction sale. It was only then that the
Holdings defaulted in the payment of its bank determined that there were actually two
loans/investments, as well as the dishonor of the separate TCTs issued for the property and one of
tens of thousands of postdated checks issued to its which was in the name of Mr. Yamsuan who
various lenders/investors. occupied the property after having bought it
earlier from Mr. Yamato.
Yeh, Yah, and Yo filed several charges against
Yashtag Holdings and its President, making them (a) Can YBC Bank unilaterally increase the interest
solidarily liable for the investments they failed to rates on the loan? (2.5%)
recover. Yeh, Yah, and Yo proved that Yashtag
Holdings, acting through Mr. Yokada, was able to (b) Is YBC Bank a mortgagee buyer in good faith? Is
get a total of PhP 800 million of loans/investments it preferred over Mr. Yamsuan? (2.5%)
from the public under the scheme, and from which
Mr. Yokada, as the controlling stockholder, was
able to withdraw a total amount of PhP 300 million XIV
On June 21, 2008, Yate took out a life insurance (b) Can Aling Yasmin seek injunctive relief against
policy on her life in the amount of PhP 10 million Aling Voling from using the brand name
and named her husband Vandy and daughter as "Ysmaellas," the latter relying on the doctrine of
joint irrevocable beneficiaries. Before the policy "prior use" as evidenced by her prior copyright
was issued and the premiums were paid, Yate registration? (2.5%)
underwent a medical checkup with a physician
accredited by the insurer, and the only result (c) Can Aling Voling seek the cancellation of Aling
found was that she was suffering from high blood Yasmin's trademark registration of the brand name
pressure. Yate was previously diagnosed by a "Ysmaellas" on the ground of "Well Known Brand"
private physician of having breast cancer which clearly evidenced by her (Aling Yoling's) prior
she did not disclose to the insurer in her copyright registration, actual use of the brand, and
application, nor to the insurer's accredited several magazine articles? (2.5%)
physician because by then, she was told that she
was already cancer-free after undergoing surgery
which removed both her breasts. She was later XVI
diagnosed with psychotic tendency that graduated Yosha was able to put together a mechanical water
into extreme despondency. She was found dead pump in his garage consisting of suction systems
hanging in her closet 36 months after the issuance capable of drawing water from the earth using less
of the policy. The police authorities declared it to human effort than what was then required by
be a case of suicide. The policy did not include existing models. The water pump system provides
suicide as an excepted risk. for a new system which has the elements of
novelty and inventive steps. Yosha, while
(a) Can the insurer raise the issue of failure to preparing to have his invention registered with the
disclose that she had cancer as a cause for denying IPO, had several models of his new system
the claim of the beneficiaries? (2.5%) fabricated and sold in his province.
(b) Are the beneficiaries entitled to receive the (a) Is Yosha's invention no longer patentable by
proceeds of the life insurance notwithstanding the virtue of the fact that he had sold several models
fact that the cause of death was suicide? (2.5%) to the public before the formal application for
registration of patent was filed with the IPO?
(2.5%)
XV
A distinctive-tasting pastillas is well-known (b) If Yosha is able to properly register his patent
throughout the country as having been developed with the IPO, can he prevent anyone who has
within a close-knit women's group in Barangay San possession of the earlier models from using them?
Ysmael which is located along a very busy national (2.5%)
highway. Its popularity has encouraged the setting
up of several shops selling similar delicacies, with
the most famous product being the pastillas of XVII
"Barangay San Ysmael." Eventually, the pastillas of Yvan was a slot machine operator supervisor in a
Aling Voling under the brand name "Ysmaellas" casino operated by the Philippine Amusement and
began to attract national distinction. Aling Voling Gaming Corporation (PAGCOR). On the basis of an
therefore registered it as a copyright with the intelligence report, he was found, in connivance
National Library. Her neighbor, Aling Yasmin, with some slot machine customers, to have
realizing the commercial value of the brand, padded the credit meter readings of slot machines
started using the term "Ysmaellas" for her pastillas in the casino where he was employed. After being
but used different colors. Aling Yasmin registered served with notice and opportunity to contest the
the brand name "Ysmaellas" with the Intellectual findings, he was found guilty of the charges and
Property Office (IPO). ordered dismissed by PAGCOR. After receiving his
copy of the order for dismissal, he claimed to have
(a) Can Aling Voling successfully obtain court relief sent to the Board of PAGCOR his motion for
to prohibit Aling Yasmin from using the brand reconsideration through facsimile transmission.
name "Ysmaellas" in her products on the basis of After a considerable time, when his motion for
her (Aling Yoling's) copyright? What is the reconsideration was unacted upon, he filed an
difference between registration as a copyright and action with the Civil Service Commission (CSC) for
registration as a trade or brand name? (2.5%) illegal dismissal. PAGCOR claimed that his action
has prescribed because it was filed more than 15
days after his dismissal became final. Yvan claimed
that there was no final decision yet because the
Board of PAGCOR has not yet acted on his motion
for reconsideration. He presented a copy of his
facsimile transmission addressed to the Board of
PAGCOR seeking reconsideration of his dismissal,
and the fact that there has been no action taken.
He claimed that based on the Electronic
Commerce Act of 2000, his facsimile transmission
should be considered like any genuine and
authentic paper pleading. PAGCOR denied having
received it and was able to prove that the
telephone number of PAGCOR used in the
facsimile transmission was wrong. CSC denied his
complaint on account of prescription. He appealed
CSC's dismissal in court.
(a) Was CSC correct in dismissing the case? (2.5%)
(b) Can Yvan's bank be ordered by the court to
disclose if there were unreasonable increases in
his bank deposit when the alleged acts were
committed? (2.5%)
XVIII
Through various acts of graft and bribery, Mayor
Ycasiano accumulated a large amount of wealth
which he converted into U.S. dollars and deposited
in a Foreign Currency Deposit Unit (FCDU) account
with the Yuen Bank (YB). On a tip given by the
secretary of the mayor, the Anti-Money
Laundering Council (AMLC) sent an order to YB to
confirm the amount of U.S. dollars that Mayor
Ycasiano had in his FCDU account. YB claims that,
under the Foreign Currency Deposit Act (R.A. No.
6426, as amended), a written permission from the
depositor is the only instance allowed for the
examination of FCDU accounts. YB alleges that
AMLC on its own cannot order a banking
institution to reveal matters relating to bank
accounts.
VI
IV Sammy and Santi are cousins who separately
Severino died intestate, survived by his wife inherited two (2) adjoining lots from their
Saturnina, and legitimate children Soler, Sulpicio, grandfather. Sammy is based overseas but wants
Segundo and the twins Sandro and Sandra. At the to earn income from his inherited land, so he
time of his death, the twins were only 11 years of asked a local contractor to build a row of
age, while all the older children were of age. He apartments on his property which he could rent
left only one property: a 5,000 sq. m. parcel of out. The contractor sent him the plans and Sammy
land. After his death, the older siblings Soler, noticed that the construction encroached on a part
Sulpicio, and Segundo sold the land to Dr. Santos of Santi's land but he said nothing and gave
for PhP500,000 with a right to repurchase, at the approval to construct based on the plans
same price, within five (5) years from the date of submitted by the local contractor. Santi, based
the sale. The deed of sale was signed only by the locally, and who loved his cousin dearly, did not
three (3) older siblings, and covered the entire object even if he knew of the encroachment since
property. Before the five (5) years expired, Sole he was privy to the plans and visited the property
and Sulpicio tendered their respective shares of regularly. Later, the cousins had a falling out and
PhP166,666 each to redeem the property. Since Santi demanded that the portion of the
Segundo did not have the means because he was apartments that encroached on his land be
still unemployed, Saturnina paid the remaining demolished.
PhP166,666 to redeem the property. After the
property was redeemed from Dr. Santos, the three
Can Santi successfully file legal action to require couple was so unhappy with the service, claiming,
the demolition? (5%) among other things, that there was an
unreasonable delay in the service of dinner and
that certain items promised were unavailable. The
VII hotel claims that, while there was a delay in the
Sydney, during her lifetime, was a successful service of the meals, the same was occasioned by
lawyer. By her own choice, she remained the sudden increase of guests to 450 from the
unmarried and devoted all her time to taking care guaranteed expected number of 350, as stated in
of her nephew and two (2) nieces: Socrates, the Banquet and Meeting Services Contract. In the
Saffinia, and Sophia. She wrote a will giving all her action for damages for breach of contract
properties remaining upon her death to the three instituted by the couple, they claimed that the
(3) of them. The will was admitted to probate Banquet and Meeting Services Contract was a
during her lifetime. Later, she decided to make a contract of adhesion since they only provided the
new will giving all her remaining properties only to number of guests and chose the menu. On the
the two (2) girls, Saffinia and Sophia. She then tore other hand, the hotel's defense was that the
up the previously probated will. The second will proximate cause of the complainant's injury was
was presented for probate only after her death. the unexpected increase in their guests, and this
However, the probate court found the second will was what set the chain of events that resulted in
to be void for failure to comply with formal the alleged inconveniences.
requirements.
(a) Does the doctrine of proximate cause apply in
(a) Will the doctrine of dependent relative this case? (2.5%)
revocation apply? (2.5%)
(b) Was the Banquet and Meeting Services
(b) Will your answer be the same if the second will Contract a contract of adhesion? If yes, is the
was found to be valid but both Saffinia and Sophia contract void? (2.5%)
renounce their inheritance? (2.5%)
VIII
Sofronio was a married father of two when he had X
a brief fling with Sabrina, resulting in her Sinclair and Steffi had an illicit relationship while
pregnancy and the birth of their son Sinforoso. Sinclair was married to another. The relationship
Though his wife knew nothing of the affair, produced a daughter Sabina, who grew up with
Sofronio regretted it, but secretly provided child her mother. For most parts of Sabina's youth, Steffi
support for Sinforoso. Unfortunately, when spent for her support and education. When Sabina
Sinforoso was 10 years old, Sofronio died. Only was 21 years old, Sinclair's wife of many years
Sofronio's father, Salumbides, knew of Sabrina and died. Sinclair and Steffi lost no time in legitimizing
Sinforoso. For the purpose of providing support to their relationship. After the 40-day prayers for
Sinforoso, Salumbides gave Sabrina usufructruary · Sinclair's late wife, Sinclair and Steffi got married
rights over one of his properties - a house and lot - without a marriage license, claiming that they have
to last until Sinforoso reaches the age of majority. been cohabiting for the last 20 years.
Sabrina was given possession of the property on After graduating from college, Sabina decided to
the basis of caucion juratoria. Two (2) years after enroll in law school. Sinclair said that he was not
the creation of the usufruct, the house accidentally willing to pay for her school fees since she was no
burned down, and three (3) years thereafter, longer a minor. Sinclair claimed that, if Sabina
Sinforoso died before he could reach the age of 18. wanted to be a lawyer, she had to work and spend
for her law education.
Will the usufruct continue after the house has
burned down? If yes, will it continue after (a) What is Sabina's filiation status? (2.5%)
Sinforoso's death? (2.5%)
(b) Is Sinclair legally required to finance Sabina's
law education? (2.5%)
IX
Newlyweds Sam and Sienna had contracted with
Sangria Hotel for their wedding reception. The XI
Samantha sold all her business interest in a sole Socorro is the registered owner of Lot A while
proprietorship to Sergio for the amount of PhP1 Segunda is the registered owner of the adjoining
million. Under the sale agreement, Samantha was Lot B. Lot A is located at an elevated plateau of
supposed to pay for all prior unpaid utility bills about 15 feet above the level of Lot B. Since
incurred by the sole proprietorship. A month after Socorro was allegedly removing portions of the
the Contract to Sell was executed, Samantha still land and cement that supported the adjoining
had not paid the PhP50,000 electricity bills property, Segunda caused the annotation of an
incurred prior to the sale. Since Sergio could not adverse claim against 50 sq. m. on Lot A's Transfer
operate the business without electricity and the Certificate of Title, asserting the existence of a
utility company refused to restore electricity legal easement.
services unless the unpaid bills were settled in full,
Sergio had to pay the unpaid electricity bills. When (a) Does a legal easement in fact exist? If so, what
the date for payment arrived, Sergio only tendered kind? (2.5%)
PhP950,000 representing the full purchase price,
less the amount he paid for the unpaid utility bills. (b) If a legal easement does in fact exist, is an
Samantha refused to accept the tender on the annotation of an adverse claim on the title of the
ground that she was the one supposed to pay the servient estate proper? (2.5%)
bills and Sergio did not have authorization to pay
on her behalf.
XV
(a) What is the effect of payment made by Sergio Simon owned a townhouse that he rented out to
without the knowledge and consent of Samantha? Shannon, a flight attendant with Soleil Philippine
(2.5%) Airlines (SPA). They had no written contract but
merely agreed on a three (3)-year lease. Shannon
(b) Is Samantha guilty of mora accipiendi? (2.5%) had been using the townhouse as her base in
Manila and had been paying rentals for more than
a year when she accepted a better job offer from
XII Sing Airlines. This meant that Singapore was going
Saachi opened a savings bank account with to be her new base and so she decided, without
Shanghainese Bank. He made an initial deposit of informing Simon, to sublease the townhouse to
PhP100,000. Part of the bank opening forms that Sylvia, an office clerk in SPA.
he was required to sign when he opened the
account was a Holdout Agreement which provided (a) Can Simon compel Shannon to reduce the lease
that, should he incur any liability or obligation to agreement into writing? (2.5%)
the bank, the bank shall have the right to
immediately and automatically take over his (b) Does the sublease without Simon's knowledge
savings account deposit. After he opened his and consent constitute a ground for terminating
deposit account, the Shanghainese Bank the lease? (2.5%)
discovered a scam wherein the funds in the
account of another depositor in the bank was
withdrawn by an impostor. Shanghainese Bank XVI
suspected Saachi to be. the impostor, and filed a Selena was a single 18-year old when she got
criminal case of estafa against him. While the case pregnant and gave birth to Suri. She then left to
was still pending with the Prosecutor's office, the work as a caregiver in Canada, leaving Suri with
bank took over Saachi's savings deposit on the her parents in the Philippines. Selena, now 34
basis of the Holdout Agreement. years old and a permanent resident in Canada,
met and married Sam who is a 24-year old
(a) What kind of contract is created when a Canadian citizen who works as a movie star in
depositor opens a deposit account with a bank? Canada. Sam's parents are of Filipino ancestry but
(2.5%) had become Canadian citizens before Sam was
born. Wanting Suri to have all the advantages of a
(b) In this case, did the bank have the right to take legitimate child, Selena and Sam decided to adopt
over Saachi's bank deposit? (2.5%) her. Sam's parents, already opposed to the
marriage of their son to someone significantly
older, vehemently objected to the adoption. They
XIV argued that Sam was not old enough and that the
requisite age gap required by the Inter-Country
Adoption Act between Sam as adopter and Suri as damages she suffered since the latter was only an
adoptee was not met. agent of the former.
Are Sam's parents correct? (2.5%) (a) Should either, or both, SAL and SMA be held
liable for damages that Shasha suffered? (2.5%)
II
Kronge Konsult, Inc. (KKI) is a Philippine
corporation engaged in architectural design,
engineering, and construction work. Its principal
office is located in Makati City, but it has various
infrastructure projects in the country and abroad.
Thus, KKI employs both local and foreign workers.
The company has adopted a policy that the
employees' salaries are paid in the currency of the
country where they are assigned or detailed.
XI XIV
Koko's primary source of income is his The City of Kabankalan issued a notice of
employment with the government. He earns extra assessment against KKK, Inc. for deficiency real
from the land he inherited from his parents, and property taxes for the taxable years 2013 to 2017
which land he has been leasing to a private, non- in the amount of PhP 20 million. KKK paid the taxes
stock, non-profit school since 2005. under protest and instituted a complaint entitled
"Recovery of Illegally and/or Erroneously-Collected
Last January, the school offered to buy the land Local Business Tax, Prohibition with Prayer to Issue
from Koko for an amount equivalent to its zonal TRO and Writ of Preliminary Injunction" with the
value plus 15% of such zonal value. Koko agreed RTC of Negros Occidental.
but required the school to pay, in addition to the
purchase price, the 12% VAT. The school refused The RTC denied the application for TRO. Its motion
Koko's proposal to pass on the VAT contending for reconsideration having been denied as well,
that it was an entity exempt from such tax. KKK filed a petition for certiorari with the Court of
Moreover, it said that Koko was not regularly Appeals (CA) assailing the denial of the TRO.
engaged in the real estate business and, therefore,
was not subject to VAT. Consequently, Koko Will the petition prosper? (5%)
should not charge any VAT to the school.
Kurt objected, arguing that the delinquent realty When Kalookan City denied the protest, Kil
taxes were never raised as an issue in the engaged the services of Atty. Kristeta Kabuyao to
ejectment case. At any rate, Kurt claimed that it file the necessary judicial proceedings to appeal
should be Kaka who should be made liable for the the decision of Kalookan City. Atty. Kabuyao is a
realty taxes since it was Kaka who possessed the legal expert, but resides in Kalibo, Aklan where her
property throughout 2016. husband operates a resort. She, however,
practices in Metro Manila, including Kalookan City.
Is Kurt correct in resisting the trial court's The counsel representing the city, in the case filed
requirement to pay the taxes first? (2.5%) in Kalookan City by KII, questioned the use of Atty.
Kabuyao's Professional Tax Receipt (PTR) issued in
Aklan for a case filed in Kalookan City.
XVII
Kilusang Krus, Inc. (KKI) is a non-stock, non-profit (a) Is Kll's contention that Kalookan City can only
religious organization which owns a vast tract of collect local business taxes based on sales
land in Kalinga. consummated in the principal office meritorious?
KKI has devoted 1 /2 of the land for various uses: a (2.5%)'
church with a cemetery exclusive for deceased
priests and nuns, a school providing K to 12
education, and a hospital which admits both
(b) Is the Kalookan City counsel correct in saying 1974-1975, took a leave of absence from 1975 to
that Atty. Kabuyao's PTR issued in Aklan cannot be 1977, and resumed teaching until 2003. Since
used in Kalookan? (2.5%) then, his contract has been renewed at the start of
every semester and summer, until November 2005
when he was told that he could no longer teach
XIX because he was already 75 years old. Norte
The BIR assessed Kosco, Inc., an importer of food University also denied Narciso's claim for
products, deficiency income and value-added retirement benefits stating that only full-time
taxes, plus 50% surcharge after determining that permanent faculty, who have served for at least
Kosco, Inc. had under-declared its sales by an five years immediately preceding the termination
amount exceeding 30% of that declared in its of their employment, can avail themselves of post-
income tax and VAT returns. Kosco, Inc. denied the employment benefits. As part-time faculty
alleged under-declaration, protested the member, Narciso did not acquire permanent
deficiency assessment for income and value-added employment status under the Manual of
taxes and challenged the imposition of the 50% Regulations for Private Schools, in relation to the
surcharge on the ground that the surcharge may Labor Code, regardless of his length of service.
only be imposed if Kosco, Inc. fails to pay the
deficiency taxes within the time prescribed for (a) Is Narciso entitled to retirement benefits?
their payment in the notice of assessment. (2.5%)
(a) Is the imposition of the 50% surcharge proper?
(2.5%) (b) If he is entitled to retirement benefits, how
should retirement pay be computed in the absence
(b) If your answer to {a) is yes, may Kosco, Inc. of any contract between him and Norte University
enter into a compromise with the BIR for reduction providing for such benefits? (2.5%)
of the amount of surcharge to be paid? (2.5%)
II
XX Nayon Federation issued a charter certificate
Krisp Kleen, Inc. (KKI) is a corporation engaged in creating a rank-and-file Neuman Employees Union.
the manufacturing and processing of steel and its On the same day, New Neuman Employees Union
by-products. It is both registered with the Board of filed a petition for certification election with the
Investments with a pioneer status, and with the Department of Labor and Employment (DOLE)
BIR as a VAT entity. On October 10, 2010, it filed a Regional Office, attaching the appropriate charter
claim for refund/credit of input VAT for the period certificate.
January 1 to March 31, 2009 before the
Commissioner of Internal Revenue (CIR). On a) The employer, Neuman Corporation, filed a
February 1, 2011, as the CIR had not yet made any motion to dismiss the petition for lack of legal
ruling on its claim for refund/credit, KKI, fearful personality on the part of the petitioner union.
that its period to appeal to the courts might Should the motion be granted? (2.5%)
prescribe, filed an appeal with the Court of Tax
Appeals (CTA). b) The employer likewise filed a petition for
cancellation of union registration against New
(a) Can the CTA act on KKl's appeal? (2.5%) Neuman Employees Union, alleging that Nayon
Federation already had a chartered local rank-and-
(b) Will your answer be the same if KKI filed its file union, Neuman Employees Union, pertaining to
appeal on March 20, 2011 and CIR had not yet the same bargaining unit within the establishment.
acted on its claim? (2.5%) Should the petition for cancellation prosper?
(2.5%)
LABOR LAW (2018)
III
I. Due to his employer's dire financial situation,
Narciso filed a complaint against Norte University Nicanor was prevailed upon by his employer to
for the payment of retirement benefits after voluntarily resign. In exchange, he demanded
having been a part-time professional lecturer in payment of salary differentials, 13th month pay,
the same school since 1974. Narciso taught for two and financial assistance, as promised by his
semesters and a summer term for the school year employer. Management promised to pay him as
soon as it is able to pay off all was attack. costs were partially shouldered by the employer
retrenched able His to rank-and-file widow, pay and partially paid for by the employee through
Nicanor Norie, employees. the filed amount a salary deduction. According to the employer, such
money Five promised claim years against to later, valid deduction caused the payment of Nelda's
him, and the Nicanor company before died wage to be below the prescribed minimum. The
management before the National Labor Relations hotel also claimed that she was not entitled to
Commission (NLRC), including interest on the holiday pay and night shift differential pay because
amount of the unpaid claim. She also claimed hotel workers have to work on holidays and may
additional damages arguing that the supposed be assigned to work at night.
resignation letter was obtained from her spouse
through undue pressure and influence. The (a) Does the hotel have valid legal grounds to
employer filed a motion to dismiss on the ground deduct food and lodging costs from Nelda's basic
that (A) the NLRC did not have jurisdiction over salary? (2.5%)
money claims, and (8) the action has prescribed.
(b) Applying labor standards law, how much should
(a) Does the NLRC have jurisdiction to award Nelda be paid for work done on Good Friday?
money claims including interest on the amount Show the computation in your test booklet and
unpaid? (2.5%) encircle your final answer. (2.5%)
V VII
Nelda worked as a chambermaid in Hotel Nico is a medical representative engaged in the
Neverland with a basic wage of PhP560.00 for an promotion of pharmaceutical products and
eight-hour workday. On Good Friday, she worked medical devices for Northern Pharmaceuticals, Inc.
for one (1) hour from 10:00 PM to 11:00 PM. Her He regularly visits physicians' clinics to inform
employer paid her only PhP480.00 for each 8-hour them of the chemical composition and benefits of
workday, and PhP70.00 for the work done on his employer's products. At the end of every day,
Good Friday. She sued for underpayment of wages he receives a basic wage of PhP700.00 plus a
and non-payment of holiday pay and night shift PhP150.00 "productivity allowance." For purposes
differential pay for working on a Good Friday. of computing Nico's 13th month pay, should the
Hotel Neverland denied the alleged daily "productivity allowance" be included? (2.5%)
underpayment, arguing that based on long-
standing unwritten tradition, food and lodging
VIII with their grandparents, who provided their daily
Nathaniel has been a salesman assigned by support. Sgt. Nemesis and Narda only sent money
Newmark Enterprises (Newmark) for nearly two to them every year to pay for their school tuition.
years at the Manila office of Nutrition City, Inc.
(Nutrition City). He was deployed pursuant to a Nelda and Narda, both for themselves and the
service agreement between Newmark and latter, also on behalf of her minor children,
Nutrition City, the salient provisions of which were separately filed claims for compensation as a result
as follows: of the death of Sgt. Nemesis. The Line of Duty
Board of the AFP declared Sgt. Nemesis' death to
a) the Contractor (Newmark) agrees to perform have been "in line of duty", and recommended
and provide the Client (Nutrition City), on a non- that all benefits due to Sgt. Nemesis be given to his
exclusive basis, such tasks or activities that are dependents. However, the claims were denied by
considered contractible under existing laws, as GSIS because Sgt. Nemesis was not in his
may be needed by the Client from time to time; workplace nor performing his duty as a soldier of
the Philippine Army when he died.
b) the Contractor shall employ the necessary
personnel like helpers, salesmen, and drivers who (a) Are the dependents of Sgt. Nemesis entitled to
are determined by the Contractor to be efficiently compensation as a result of his death? (2.5%)
trained;
(b) As between Nelda and Narda, who should be
c) the Client may request replacement of the entitled to the benefits? (2.5%)
Contractor's personnel if quality of the desired
result is not achieved; (c) Are the minor children entitled to the benefits
considering that they were not fully dependent on
d) the Contractor's personnel will comply with the Sgt. Nemesis for support? (2.5%)
Client's policies, rules, and regulations; and
II
Agnes was allegedly picked up by a group of
military men headed by Gen. Altamirano, and was
brought to several military camps where she was
interrogated, beaten, mauled, tortured, and (e) the extension of the period for the suspension
threatened with death if she would not confess of the privilege of the writ of habeas corpus?
her membership in the New People's Army (NPA)
and point to the location of NPA camps. She
suffered for several days until she was released IV
after she signed a document saying that she was a The Province of Amaya is one of the smallest
surenderee, and was not abducted or harmed by provinces in the Philippines with only one
the military. After she was released, and alleging legislative district composed of four municipalities:
that her rights to life, liberty and security had been Uno, Dos, Tres, and Cuatro.
violated and continued to be threatened by
violation of such rights, she filed with the Supreme Andres, a resident and registered voter of Cuatro
Court (the Court) a Petition for the Writs municipality, ran and was elected as member of
of Amparo and Habeas Data with prayers for the Sangguniang Panlalawigan (SP) of Amaya in the
Temporary Protection Orders, Inspection of Place, 2010 and 2013 local elections.
and Production of Documents and Personal While Andres was serving his second term as ·sp
Properties. The case was filed against President member, a law was enacted re-apportioning the
Amoyo (who was the President of the Philippines four towns of Amaya into two legislative districts:
when the abduction, beating, mauling and life Uno and Dos comprising the First District, and Tres
threats were committed), General Altamirano, and and Cuatro comprising the Second District.
several military men whom Agnes was able to In the 2016 local elections, Andres ran and was
recognize during her ordeal. The Court, after elected as member of the SP of Amaya
finding the petition to be in order, issued the writ representing the Second District.
of amparo and the writ of habeas data and
directed the respondents to file a verified return Andres seeks your legal advice regarding his
on the writs, and directed the Court of Appeals intention to run as a member of the SP of Amaya
(CA) to hear the petition. The respondents duly for the Second District in the next local elections in
filed their return on the writs and produced the 2019. What will you advise Andres? (2.5%)
documents in their possession. After hearing, the
CA ruled that there was no more need to issue the
temporary protection orders since the writ V
of amparo had already been issued, and dismissed State whether or not the following acts are
the petition against President Amoyo on the constitutional: (2% each)
ground that he was immune from suit during his
incumbency as President. Agnes appealed the CA (a) A law prescribing as qualifications for
ruling to the Court. The appeal was lodged after appointment to any court lower than the Supreme
President Amoyo's term had ended. Court, Philippine citizenship, whether natural-born
or naturalized, 35 years of age on the date of
(a) Was the CA correct in saying that the writ of appointment, and at least eight years as a member
amparo rendered unnecessary the issuance of the of the Philippine Bar;
temporary protection order? (2.5%)
(b) A law requiring all candidates for national or
(b) Will the President's immunity from suit local elective offices to be college degree holders;
continue even after his term has ended,
considering that the events covered by the Petition (c) The designation by the President of an acting
took place during his term? (2.5%) Associate Commissioner of the Civil Service
Commission;
He was later charged with the same offense before Can the shabu found inside the boxes be admitted
a Regional Trial Court. He asks that the information in evidence against the five foreigners for the
be quashed on the ground of double jeopardy. charge of illegal possession of drugs in violation of
the Comprehensive Dangerous Drugs Act of 2002?
The prosecution objects, contending that for (2.5%)
purposes of double jeopardy, the military court
martial cannot be considered as a "competent
court." XVII
The police served a warrant of arrest on Ariston
Should the Regional Trial Court grant Amoroso's who was suspected of raping and killing a female
motion to quash on the ground of double high school student. While on the way to the
jeopardy? (2.5%) police station, one of the police officers who
served the warrant asked Ariston in the local
dialect if he really raped and killed the student,
XV and Ariston nodded and said, "Opo." Upon arriving
Annika sued the Republic of the Philippines, at the police station, Ariston saw the City Mayor,
represented by the Director of the Bureau of Plant whom he approached and asked if they could talk
Industry, and asked for the revocation of a deed of privately. The Mayor led Ariston to his office and,
donation executed by her in favor of said Bureau. while there in conversation with the Mayor,
She alleged that, contrary to the terms of the Ariston broke down and admitted that he raped
donation, the donee failed to install lighting and killed the student. The Mayor thereafter
facilities and a water system on the property opened the door of the room to let the public and
donated, and to build an office building and media representatives witness Ariston's
parking lot thereon, which should have been confession. In the presence of the Mayor, the
constructed and made ready for occupancy on or police and the media, and in response to questions
before the date fixed in the deed of donation. asked by some members of the media, Ariston
sorrowfully confessed his guilt and sought
The Republic invoked state immunity and moved forgiveness for his actions.
for the dismissal of the case on the ground that it
had not consented to be sued. Should the Which of these extrajudicial confessions, if any,
Republic's motion be granted? (2.5%) would you consider as admissible in evidence
against Ariston? (5%)
XVI
Five foreign nationals arrived at the NAIA from XVIII
Hong Kong. After retrieving their checked-in Two police teams monitored the payment of
luggage, they placed all their bags in one pushcart ransom in a kidnapping case.
and proceeded to Express Lane 5. They were The bag containing the ransom money was placed
instructed to place their luggage on the examiner's inside an unlocked trunk of a car which was parked
table for inspection. at the Angola Commercial Center in Mandaluyong
City.
The first police team, stationed in an area near that, pursuant to the Agreement between the
where the car was parked, witnessed the retrieval Philippine Government and the ADS, the bank's
by the kidnappers of the bag from the unlocked officers and staff are immune from legal processes
trunk. The kidnappers thereafter boarded their car with respect to acts performed by them in their
and proceeded towards the direction of Amorsolo official capacity.
St. in Makati City where the second police team
was waiting. (a) Can the President's act of deporting an
undesirable alien be subject to judicial review?
Upon confirmation by radio report from the first (2.5%)
police team that the kidnappers were heading
towards their direction, the second police team (b) Is Aristotle's claim of diplomatic immunity
proceeded to conduct surveillance on the car of proper? (2.5%)
the kidnappers, eventually saw it enter Ayala
Commercial Center in Makati City, and the police
team finally blocked it when it slowed down. The
members of the second police team approached
the vehicle and proceeded to arrest the
kidnappers.
Is the warrantless arrest of the kidnappers by the
second police team lawful? (5%)
XIX
President Alfredo died during his third year in
office. In accordance with the Constitution, Vice
President Anastasia succeeded him. President
Anastasia then nominated the late President
Alfredo's Executive Secretary, Anna Maria, as her
replacement as Vice President. The nomination
was confirmed by a majority of all the Members of
the House of Representatives and the Senate,
voting separately.
XX
Andreas and Aristotle are foreign nationals
working with the Asian Development Bank (ADS) in
its headquarters in Manila. Both were charged
with criminal acts before the local trial courts.