Bar Examinations 2006

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BAR EXAMINATION 2006

CIVIL LAW

September 2006 8 A.M. - 12

INSTRUCTIONS

s questionnaire consists of sixteen (16) numbers contained in ten (10) pages. Read each question very carefully. An

ibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same num

y be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the

estion. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

Signed ANGELINA S. GUTIERREZ

Chairperson20006 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SETWARNING: NOT FOR SALE OR UNAUTHORIZED USE

IVIL LAW

http://www.lawphil.net/legalink/legalink.html

http://www.lawphil.net/international/interlaw.html

http://www.lawphil.net/executive/executive.html

http://www.lawphil.net/courts/judiciar.html

http://www.lawphil.net/judjuris/judjuris.html

http://www.lawphil.net/statutes/statutes.html

http://www.lawphil.net/consti/constitu.html

http://www.lawphil.net/index.html

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- I -

der Article 213 of the Family Code, no child under 7 years of age shall be separated from the mother unless the cou

ds compelling reasons to order otherwise.

1. Explain the rationale of this provision. 2.5%2. Give at least 3 examples of "compelling reasons" which justify the taking away from the mother's custody of h

child under 7 years of age. 2.5%

- II -

ul, a married man, had an adulterous relation with Tessie. In one of the trysts, Saul's wife, Cecile, caught them in

grante. Armed with a gun, Cecile shot Saul in a fit of extreme jealousy, nearly kiiling him. Four ( 4) years after the

ident, Saul filed an action for legal separation against Cecile on the ground that she attempted to kill him.

1. If you were Saul's counsel, how will you argue his case? 2.5%2. If you were the lawyer of Cecile, what will be your defense? 2.5%

3. If you were the judge, how will you decide the case? 5%

- III -

and Beth have been married for 20 years without children. Desirous to have a baby, they consulted Dr. Jun Canlas,

minent medical specialist on human fertility .He advised Beth to undergo artificial insemination. It was found that rm count was inadequate to induce pregnancy. Hence, the couple looked for a willing donor. Andy, the brother of E

dily consented to donate his sperm. After a series of tests, Andy's sperm was medically introduced into Beth's ovary

ame pregnant and 9 months later, gave birth to a baby boy, named Alvin.

1. Who is the father of Alvin? Explain. 2.5%2. What are the requirements, if any, in order for Ed to establish his paternity over Alvin. 2.5%

- IV -

gi and Ric, Catholics, got married when they were 18 years old. Their marriage was solemnized on August 2, 1989 b

's uncle, a Baptist Minister, in Calamba, Laguna. He overlooked the fact that his license to solemnize marriage expmonth before and that the parties do not belong to his congregation. After 5 years of married life and blessed with

ldren, the spouses developed irreconcilable differences, so they parted ways.

hile separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college and a seventh-Day Adventist.

ided to get married with the consent of Juliet's parents. She presented to him a birth certificate showing she is 18 ye. Ric never doubted her age much less the authenticity of her birth certificate. They got married in a Catholic churc

nila. A year after, Juliet gave birth to twins, Aissa and Aretha.

1. What is the status of the marriage between Gigi and Ric - valid, voidable or void? Explain. 2.5 %

2. What is the status of the marriage between Ric and Juliet - valid, voidable or void? Explain. 2..5%



3. Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry him despite her minority

assured her that everything is in order. He did not divulge to her his prior marriage with Gigi. What action, if acan Juliet take against him? Explain. 2.5%

4. If you were the counsel for Gigi, what action/s will you take to enforce and protect her interests? Explain. 2.5%

- V -

ouses Biong and Linda wanted to sell' their house. They found a prospective buyer, Ray. Linda negotiated with Raysale of the property. They agreed on a fair price of P2 Million. Ray sent Linda .a letter confirming his intention to b

property. Later, another couple, Bernie and Elena, offered a similar house at a lower price of Pl.5 Million. But Ray

isted on buying the house of Biong and Linda for sentimental reason. Ray prepared a deed of sale to be signed by thuple and a manager's check for P2 Million. After receiving the P2 Million, Biong signed the deed of sale. However,

s not able to sign it because she was abroad. On her return, she refused to sign the document saying she changed he

nd. Linda filed suit for nullification of the deed of sale and for moral and exemplary damages against Ray.

1. Will the suit prosper? Explain. 2.5%2. Does Ray have any cause of action against Biong and Linda? Can he also recover damages from the spouses?

Explain. 2.5%

- VI -

mma filed a petition for the declaration of nullity of her marriage with Arnell on the ground of psychologicalapacity .She alleged that after 2 months of their marriage, Arnell showed signs of disinterest in her, neglected her a

nt abroad. He returned to the Philippines after 3 years but did not even get in touch with her. Worse, they met sever

es in social functions but he snubbed her. When she got sick, he did not visit her even if he knew of her confinemen

hospital. Meanwhile, Arnell met an accident which disabled him from reporting for work and earning a living to sumself.

ll Gemma's suit prosper? Explain. 5%

- VII -

rvin, a Filipino, and Shelley, an American, both residents of California, decided to get married in their local parish.

ars after their marriage, Shelley obtained a divorce in California. While in Boracay, Marvin met Manel, a Filipina, ws vacationing there. Marvin fell in love with her. After a brief, courtship and complying with all the requirements, t

married in Hongkong to avoid publicity, it being Marvin's second marriage. Is his marriage to Manel valid? Explai

- VIII -

berto and Janine migrated to the United States of America, leaving behind their 4 children, one of whom is Manny. n a duplex apartment and allowed Manny to live In one of the units. While in the United States, Alberta died. His w

d all his children executed an Extrajudicial Settlement of Alberto's estate wherein the 2-door apartment was assigned

the children to their mother, Janine. Subsequently, she sold the property to George. The latter required Manny to sigpared Lease Contract so that he and his family could continue occupying the unit. Manny refused to sign the contra



eging that his parents allowed him and his family to continue occupying the premises.

you were George's counsel, what legal steps will you take? Explain. 5%

- IX -

drug lord and his family reside in a small bungalow where they sell shabu and other prohibited drugs. When the pol

nd the illegal trade, they immediately demolished the house because according to them, it was a nuisance per se thauld be abated. Can this demolition be sustained? Explain. 5%

- X -

n died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-Iaw wife

shelle. He is survived by his brother Ronie and his half-sister Michelle.

1. Was Don's testamentary disposition of his estate in accordance with the law on succession? Whether you agreenot, explain your answer. 2.5%

2. If Don failed to execute a will during his lifetime, as his lawyer, how will you distribute his estate? Explain. 2.

3. Assuming he died intestate survived by his brother Ronie, his half-sister Michelle, and his legitimate son Jayso

how will you. distribute his estate? Explain. 2.5%

4. Assuming further he died intestate, survived by his father Juan, his brother Ronie, his half-sister Michelle, and

legitimate son Jayson, how will you distribute his estate? Explain. 2.5%

- XI -

ouses Alfredo and Racquel were active members of a religious congregation. They donated a parcel of land in favort congregation in a duly notarized Deed of Donation, subject to the condition that the Minister shall construct thereoce of worship within 1 year from the acceptance of the donation. In an affidavit he executed in behalf of the

ngregation, the Minister accepted the donation. The Deed of Donation was not registered with the Registry of Deeds

wever, instead of constructing a place of worship, the Minister constructed a bungalow on the property he used as hidence. Disappointed with the Minister, the spouses revoked the donation and demanded that he vacate the premise

mediately. But the Minister refused to leave, claiming that aside from using the bungalow as his residence, he is als

ng it as a place of worship on special occasions. Under the circumstances, can Alfredo and Racquel evict the Minist

d recover possession of the property?

you were the couple's counsel, what action will you take to protect the interests of your clients? 5%

- XII -

ny bought a Ford Expedition from a car dealer in Muntinlupa City. As payment, Tony issued a check drawn against

rent account with Premium Bank. Since he has a good reputation the car dealer allowed him to immediately drive h

vehicle merely on his assurance that his check is sufficiently funded. When the car dealer deposited the check, it whonored on the ground of "Account Closed". After an investigation, it was found that an employee of the bank misp



ny's account ledger. Thus, the bank erroneously assumed that his account no longer exists. Later, it turned out that T

ount has more than sufficient funds to cover the check. The dealer however, immediately filed an action for recove

session of the vehicle against Tony for which he was terribly humiliated and embarrassed. Does Tony have a causeion against Premium Bank? Explain. 5%

- XIII -

uro sold his Pajero to Benjamin for P1 Million. Benjamin took the vehicle but did not register the sale with the Lan

ansportation Office. He allowed his son Carlos, a minor who did not have a driver's license, to drive the car to buy pin a bakery .On the way, Carlos, driving in a reckless manner, sideswiped Dennis, then riding a bicycle. As a result

fered serious physical injuries. Dennis filed a criminal complaint against Carlos for reckless imprudence resulting i

ious physical injuries.

1. Can Dennis file an independent civil action against Carlos and his father Benjamin for damages based on quasdelict? Explain. 2.5%

2. Assuming Dennis' action is tenable, can Benjamin raise the defense he is not liable because the vehicle is notregistered in his name? Explain. 2.5%

- XIV -

xthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong der the administrative proceeding provided in Republic Act No.9048. He alleged that his first name sounds ridiculou

xtremely difficult to spell and pronounce. After complying with the requirements of the law, the Civil Registrar gra

petition and changed his first name Zirxthoussous to "Jesus." His full name now reads "Jesus delos santos."

us delos santos moved to General santos City to work in a multi-national company. There, he fell in love and marri

ry Grace delos santos. She requested him to have his first name changed because his new name "Jesus delos santossame as that of her father who abandoned her family and became a notorious drug lord. She wanted to forget him.

nce, Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to "Roberto." Himed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father.

ll the petition for change of name of Jesus delos Santos to Roberto delos santos under Republic Act No.9048 prospe

plain. 10%

- XV -

1. What entries in the Civil Registry may be changed or corrected without a judicial order? 2.5%

2. Mayan illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her midname? 2.5%

- XVI -

1. Under Article 2219 of the Civil Code, moral damages may be recovered in the cases specified therein, several which are enumerated below.



Choose the case wherein you cannot recover moral damages. Explain. 2.5%

a. A criminal offense resulting in physical injuries

b. Quasi-delicts causing physical injuries

c. Immorality or dishonesty

d. Illegal search

e. Malicious prosecution

2. Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebrat

was psychologically incapacitated to comply with the essential marital obligations of marriage, shall be void.

Choose the spouse listed below who is psychologically incapacitated. Explain. 2.5%

a. Nagger b. Gay or lesbian

c. Congenital sexual pervert

d. Gambler

e. Alcoholic

NOTHING FOLLOWS.

e Lawphil Project - Arellano Law Foundation



lawphil



LEGAL ETHICS AND PRACTICAL EXERCISES

September 2006 2 P.M. -

INSTRUCTIONS

s questionnaire consists of eighteen (18) numbers contained in eight (8) pages. Read each question very carefully.swer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the sa

mber may be written continuously on the same page and immediately succeeding pages until completed. Do not rep

question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.


GOOD LUCK!!!









http://none%28%29/




Chairperson

20006 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

EGAL ETHICS AND PRACTICAL EXERCISES

- I -

1. Why is law a profession and not a trade? 2.5%2. Why is an attorney considered an officer of the court? 2.5%

- II -

1. Is there a distinction between "practicing lawyer" and "trial lawyer"? 2.5%

2. Enumerate the instances when a law student may appear in court as counsel for a litigant. 2.5%

- III -

1. The Supreme Court suspended indefinitely Atty. Fernandez from the practice of law for gross immorality. He a

the Municipal Circuit Trial Court Judge of his town if he can be appointed counsel de oficio for Tony, a childh

friend who is accused of theft. The judge refused because Atty. Fernandez's name appears in the Supreme Cour

List of Suspended Lawyers. Atty. Fernandez then inquired if he can appear as a friend for Tony to defend him.

If you were the judge, will you authorize him to appear in your court as a friend for Tony? 5%

2. Supposing Tonyis a defendant in a civil case for collection of sum of money before the same court, can Atty.

Fernandez appear for him to conduct his litigation? 5%

- IV -

Atty. Oldie, 80 yearsold, refuses to pay his IBP dues. He argues he is a senior citizen and semi-retired from the practice of law. Therefore, he should be exempt from pating IBP dues.

1. Is his argument correct? 3%

For the same reasons, Atty. Oldie also insist that he should be exempt from the Mandatory COntinuing Legal

Education (MCLE) requirements.

2. Should he be exempt? 3%

- V -



yrna, petitioner in case for custody of children against her husband, sought advice from Atty. Mendoza whom she m

ty. She informed Atty. Fernandez that her lawyer, Atty. Khan, has been charging her exorbitant appearance fees wh

does move for postponements which have unduly delayed the proceedings; and that recently, she learned that Atty. proached her husband asking for a huge amount in exchange for the withdrawal of her Motion for issuance of Hold

parture Order so that he and his children can leave for abroad.

1. Is it ethical for Atty. Mendoza to advise Myrna to terminate the servicesof Atty. Khan and hire him instead for

reasonable attorney's fees? 5%2. What should Atty. Mendoza do about the information relayed to him by Myrna that Atty. Khan approached he

husband with an indecent proposal? 5%

- VI -

his petition for certiorari filed with the Supreme Court, Atty . Dizon alleged that Atty .Padilla, a legal researcher in urt of Appeals, drafted the assailed Decision; that he is ignorant of the applicable laws; and that he should be disbar

n Atty .Dizon, in castigating Atty .Padilla, be held liable for unethical conduct against the Court of Appeals? 5%

- VII -

vincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente in a case for collection of taxes.

plained that he cannot handle the case with sincerity and industry because he does not believe in the position taken bnicipality.

n Prosecutor Bonifacio be sanctioned administratively? 5%

- VIII -

secutor Coronel entered his appearance on behalf of the State before a Family Court in a case for declaration of nul

rriage, but he failed to appear in all the subsequent proceedings. When required by the Department of Justice to expargued that the parties in the case were ably represented by their respective counsels and that his time would be bett

ployed in more substantial prosecutorial functions, such as investigations, inquests and appearances in court hearing

Atty .Coronel's explanation tenable? 5%

- IX -

y .Marie consulted Atty .Hernandez whether she can successfully prosecute her case for declaration of nullity of rriage she intends to file against her husband. Atty. Hernandez advised her in writing that the case will not prosper

sons stated therein. Atty .Marie, however, decided to file the case and engaged the services of another lawyer, Atty

r husband, Noel, having learned about the opinion of Atty .Hernandez, hired him as his lawyer .

Atty .Hernandez's acquiescence to be Noel's counsel ethical? 3%

- X -

he course of a drinking spree with Atty. Holgado who has always been his counsel in business deals, Simon bragge







http://none%28%29/



lawphil



REMEDIAL LAW

September 2006 8 A.M. - 12

INSTRUCTIONS

s questionnaire consists of seventeen (17) numbers contained in nine (9) pages. Read each question very carefully.

swer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the sa

mber may be written continuously on the same page and immediately succeeding pages until completed. Do not repquestion. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.


GOOD LUCK!!!


Chairperson




EMEDIAL LAW

- I -

1. What is the concept of remedial law? 2%

2. Distinguish between substantive law and remedial law. 2%

3. How are remedial laws implemented in our system of government? 2%

4. Distinguish jurisdiction from venue? 2%







5. What do you mean by (a) real actions; and (b) personal actions? 2%

- II -

hat court has jurisdiction over an action for specific performance filed by a subdivision homeowner against a subdiv

veloper? Choose the correct answer. Explain. 2.5%

1. The Housing and Land Use Regulatory Board

2. The Securities and Exchange Commission

3. The Regional Trial Court

4. The Commercial Court or the Regional Trial Court designated by the Supreme Court to hear and decide

"commercial cases".

- III -

1. What is forum shopping? 2.5%2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for specific performance against Bernie

lack of a certification against forum shopping, the judge dismissed the complaint. Honey's lawyer filed a motioreconsideration, attaching thereto an amended complaint with the certification against forum shopping. If you w

the judge, how will you resolve the motion? 5%

- IV -

ie filed with the Regional Trial Court of Laguna a complaint for damages against Joe. During the pre-trial, Jojie andunsel failed to appear despite notice to both of them. Upon oral motion of Jojie, Joe was declared as in default and J

s allowed to present her evidence ex palte. Thereafter, the court rendered its Decision in favor of Jojie.

hired Jose as his counsel. What are the remedies available to him? Explain. 5%

- V -

y Congress enact a law providing that a 5,000 square meter lot, apart of the UST compound in Sampaloc, Manila, bpropriated for the construction of a park in honor of former City Mayor Arsenio Lacson? As compensation to UST,

y of Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna originally intended as a residential subdivision for th

nila City Hall employees. Explain. 5%

- VI -

plain each mode of certiorari:

a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5%

b. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5%

c. As a mode of review of the decisions of the National Labor Relations Commission and the Constitutional



Commissions. 2.5%

- VII -

rk filed with the Bureau of Internal Revenue a complaint for refund of taxes paid, but it was not acted upon. So, he

milar complaint with the Court of Tax Appeals raffled to one of its Divisions. Mark's complaint was dismissed. Thd with the Court of Appeals a petition for certiorari under Rule 65.

es the Court of Appeals have jurisdiction over Mark's petition? 2.5

- VIII -

es the Court of Appeals have jurisdiction to review the Decisions in criminal and administrative cases of thembudsman? 2.5%

- IX -

1. What are the requisites for the issuance of (a) a writ of preliminary injunction; and (b) a final writ of injunction

2.5%

2. Distinguish between injunction as an ancillary remedy and injunction as a main action. 2.5%

- X -

1. Define a temporary restraining order (TRO). 2%

2. Maya Regional Trial Court issue injunction without bond? 2%

3. What is the duration of a TRO issued by the Executive Judge of a Regional Trial Court? 2%

4. Differentiate a TRO from a status quo order. 2%

5. Maya justice of a Division of the Court of Appeals issue a TRO? 2%

- XI -

1. What is an interlocutory order?

2. What is the difference between a judgment and an opinion of the court? 2.5%

- XII -

na Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint for sum of money amounting to P1llion against Carlos Corro. The complaint alleges, among others, that Carlos borrowed from Tina the said amount a

denced by a promissory note signed by Carlos and his wife, jointly and severally. Carlos was served with summonsich was received by Linda, his secretary .However, Carlos failed to file an answer to the complaint within the 15-da

lementary period. Hence, Tina filed with the court a motion to declare Carlos in default and to allow her to present

dence ex parte. Five days thereafter, Carlos filed his verified answer to the complaint, denying under oath the

nuineness and due execution of the promissory note; and contending that he has fully paid his loan with interest at 12



annum.

1. Was the summons validly served on Carlos? 2.5%

2. If you were the judge, will you grant Tina's motion to declare Carlos in default? 2.5%

- XIII -

gio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City , of sound anposing mind, executed a last will and testament in English, a language spoken and written by him proficiently. He

posed of his estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the , sum of P3

llion. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. He devised apiece of land worth llion to Susan, his favorite daughter-in-Iaw. He named his best friend, Cancio Vidal, as executor of the will without

1. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court a petition for probate of th

latter's last will and testament? 2%

2. Supposing the original copy of the last will and testament was lost, can Cancio compel Susan to produce a copher possession to be submitted to the probate court? 2%

3. Can the probate court appoint the widow as executor of the will? 2%

4. Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2%

5. Can the widow and her children initiate a separate petition for partition of the estate pending the probate of the

will and testament by the proper court? 2%

- XIV -

hen is bail a matter of right and when is it a matter of discretion ? 5%

- XV -

icia was estranged from her husband Paul for more than a year due to his suspicion that she was having an affair wnuel, their neighbor. She was temporarily living with her sister in Pasig City.

r unknown reasons, the house of Leticia's sister was burned, killing the latter. Leticia survived. She saw her husband

vicinity during the incident. Later, he was charged with arson in an Information filed with the Regional Trial Court

ig City.

ring the trial, the prosecutor called Leticia to the witness stand and offered her testimony to prove that her husbandmmitted arson.

n Leticia testify over the objection of her husband on the ground of martial privilege? 5%

- XVI -

1. What are the requirements in order that an admission of guilt of an accused during a custodial investigation be



admitted in evidence? 2.5%

2. As counsel of an accused charged with homicide, you are convinced that he can be utilized as a state witness. W procedure will you take? Explain. 2.5%

- XVII -

1996, Congress passed Republic Act No.8189, otherwise known as the Voters' Registration Act of 1996, providing

mputerization of elections. Pursuant thereto, the COMELEC approved the Voters' Registration and Identification Sy

RIS) Project. It issued invitations to pre-qualify and bid for the project. After the public bidding, Fotokina was declawinning bidder with a bid of P6 Billion and was issued a Notice of Award. But COMELEC Chairman Gener Go

ected to the award on the ground that under the Appropriations Act, the budget for the COMELEC's modernization

y P1 Billion. He announced to the public that the VRIS project has been set aside. Two Commissioners sided withairman Go, but the majority voted to uphold the contract.

anwhile, Fotokina filed with the RTC a petition for mandamus to compel the COMELEC to implement the contrac

fice of the Solicitor General (OSG), representing Chairman Go, opposed the petition on the ground that mandamus

lie to enforce contractual obligations. During the proceedings, the majority Commissioners filed a manifestation thairman Go was not authorized by the COMELEC En Banc to oppose the petition.

1. May the OSG represent Chairman Go before the RTC notwithstanding that his position is contrary to that of th

majority? 5%.

2. Is a petition for mandamus an appropriate remedy to enforce contractual obligations? 5%

NOTHING FOLLOWS.




lawphil



CRIMINAL LAW

September 2006 2 P.M. -

INSTRUCTIONS

s questionnaire consists of seventeen (17) numbers contained in ten (10) pages. Read each question very carefully.

swer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the sa

mber may be written continuously on the same page and immediately succeeding pages until completed. Do not rep

question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.


GOOD LUCK!!!




RIMINAL LAW









http://none%28%29/



- I -

tive is essential in the determination of the commission of a crime and the liabilities of the perpetrators.

hat are the instances where proof of motive is not essential or required to justify conviction of an accused? Give at ltances. 5%

- II -

1. When can a Filipino citizen residing in this country use an alias legally? Give 3 instances. 2.5%

2. Under what situations may a private person enter any dwelling, residence, or other establishments without bein

liable for trespass to dwelling? 2.5%

- III -

1. What are the 3 ways of committing arbitrary detention? Explain each. 2.5%2. What are the legal grounds for detention? 2.5%

3. When is an arrest by a peace officer or by a private person considered lawful? Explain. 5%

- IV -

1. Enumerate the differences between pardon and amnesty. 2.5%

2. Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are cov

by the grant of amnesty. Name at least 5 of these crimes. 2.5%

3. Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You ar

supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the past semonths.) 2.5%

4. General Lim and General Querubin of the Scout Rangers and Philippine Marines, respectively, were charged w

conduct unbecoming an officer and a gentleman under the Articles of War . Can they apply for amnesty? 2.5%

- V -

ere are at least 7 instances or situations in criminal cases wherein the accused, either as an adult or as a minor, can a

and/or be granted a suspended sentence. Enumerate at least 5 of them. 5%

- VI -

1. In 1982, the Philippine National Bank (PNB), then a government banking institution, hired Henry dela Renta, aCPA, as Regional Bank Auditor. In 1992, he resigned and was employed by the Philippine Deposit Insurance

Corporation (PDIC), another government-owned and controlled corporation. In 1995, after the PNB manageme

unearthed many irregularities and violations of the bank's rules and regulations, dela Renta was found to have

manipulated certain accounts involving trust funds and time deposits of depositors. After investigation, he wascharged with malversation of public funds before the Sandiganbayan. He filed a motion to dismiss contending



was no longer an employee of the PNB but of the PDIC.

Is dela Renta's contention tenable? 2.5%

2. After his arraignment, the prosecution filed a motion for his suspension pendente lite, to which he filed an

opposition claiming that he can no longer be suspended as he is no longer an employee of the PNB but that of tPDIC.

Explain whether he mayor may not be suspended. 2.5%

- VII -

1. While the 5.5. Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while s300 miles from Aparri, Cagayan, its engines malfunctioned. The Captain ordered the ship to stop for

emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell asleep. Wh

ship was anchored, a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and t

advantage of the situation. They cut the ship's engines and took away several heavy crates of electricalequipment and loaded them in their motorboat. Then they left hurriedly towards Aparri. At daybreak, th

crew found that a robbery took place. They radioed the Aparri Port Authorities resulting in the apprehe

of the culprits.

What crime was committed? Explain. 2.5%

2. Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while sle

What crime was committed? Explain. 2.5%

- VIII -

Commissioner Marian Torres of the Bureau of Internal Revenue (BIR) wrote solicitation letters addressed to th

Filipino-Chinese Chamber of Commerce and Industry and to certain CEOs of various multinational corporatiorequesting donations of gifts for her office Christmas party. She used the Bureau's official stationery. The respo

was prompt and overwhelming so much so that Commissioner Torres' office was overcrowded with rice cooke

radio sets, freezers, electric stoves and toasters. Her staff also received several envelopes containing cash monethe employees' Christmas luncheon.

Has Commissioner Torres committed any impropriety or irregularity? What laws or decrees did she violate? 5%

- IX -

Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70 gave him the opportu

to engage in his favorite pastime - voyeurism. If not using his high-powered binoculars to peep at his neighborhomes and domestic activities, his second choice was to follow sweet young girls. One day, he trailed a teenag

up to the LRT station at EDSA-Buendia. While ascending the stairs, he stayed one step behind her and in a mo

of bravado, placed his hand on her left hip and gently massaged it. She screamed and shouted for help. Eduardo



arrested and charged with acts of lasciviousness. Is the designation of the crime correct? 5%

- X -

Jaime, Andy and Jimmy, laborers in the noodles factory of Luke Tan, agreed to kill him due to his arrogance anmiserliness. One afternoon, they seized him and loaded him in a taxi driven by Mario. They told Mario they wionly teach Luke a lesson in Christian humility. Mario drove them to a fishpond in Navotas where Luke was

entrusted to Emil and Louie, the fishpond caretakers, asking them to hide Luke in their shack because he was

running from the NBI. The trio then left in Mario's car for Manila where they called up Luke's family and threathem to kill Luke unless they give a ransom within 24 hours. Unknown to them, because of a leak, the kidnapp

was announced over the radio and TV. Emil and Louie heard the broadcast and panicked, especially when the

announcer stated that there is a shoot-to-kill order for the kidnappers. Emil and Louie took Luke to the seashor

Dagat-dagatan where they smashed his head with a shovel and buried him in the sand. However, they were seebarangay kagawad who arrested them and brought them to the police station. Upon interrogation, they confess

and pointed to Jaime, Andy, Jimmy and Mario as those responsible for the kidnapping. Later, the 4 were arrest

and charged.

What crime or crimes did the 6 suspects commit? 5%

- XI -

Ana has been a bar girl/GRO at a beer house for more than 2 years. She fell in love with Oniok, the bartender,

impregnated her. But Ana did not inform him about her condition and, instead, went home to Cebu to conceal h

shame. However, her parents drove her away. So, she returned to Manila and stayed with Oniok in his boardinhouse. Upon learning of her pregnancy, already in an advanced state, Oniok tried to persuade her to undergo an

abortion, but she refused. Because of their constant and bitter quarrels, she suffered birth pangs and gave birth

prematurely to a live baby girl while Oniok was at his place of work. Upon coming home and learning whathappened, he prevailed upon Ana to conceal her dishonor. Hence, they placed the infant in a shoe box and thre

into a nearby creek. However, an inquisitive neighbor saw them and with the help of others, retrieved the infan

was already dead from drowning. The incident was reported to the police who arrested Ana and Oniok. The 2 wcharged with parricide under Article 246 of the Revised Penal Code. After trial, they were convicted of the crim

charged.

Was the conviction correct? 5%

- XII -

Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy Ombudsman for the Visayas for aof 7 years commencing on July 5, 1995. Six months thereafter, a lady stenographer filed with the Office of the

Ombudsman a complaint for acts of lasciviousness and with the Supreme Court a petition for disbarment again

him. Forthwith, he filed separate motions to dismiss the complaint for acts of lasciviousness and petition for

disbarment, claiming lack of jurisdiction over his person and office.

Are both motions meritorious? 5%



- XIII -

Dang was a beauty queen in a university. Job, a rich classmate, was so enamored with her that he persistently w

and pursued her. Dang, being in love with another man, rejected him. This angered Job. Sometime in Septemb

2003, while Dang and her sister Lyn were on their way home, Job and his minor friend Nonoy grabbed them an pushed them inside a white van. They brought them in an abandoned warehouse where they forced them to dan

naked. Thereafter, they brought them to a hill in a nearby barangay where they took turns raping them. After

satisfying their lust, Job ordered Nonoy to push Dang down a ravine, resulting in her death. Lyn ran away but Jand Nonoy chased her and pushed her inside the van. Then the duo drove away. Lyn was never seen again.

3. What crime or crimes were committed by Job and Nonoy? 2.5%

4. What penalties should be imposed on them? 2.5%

5. Will Nonoy's minority exculpate him? 2.5%

6. Is the non-recovery of Lyn's body material to the criminal 2.5%

- XIV -

In a crime of homicide, the prosecution failed to present any receipt to substantiate the heirs' claim for an awar

actual damages, such as expenses for the wake and burial.

What kind of damages may the trial court award to them and how much? 5%

- XV -

7. <="" p="" align="justify">

What is that offense? Explain. 2.5%

During the preliminary investigation and up to the trial proper, Rene and Dante contended that if they w

be held liable, their liability should be limited only to the newly-cut logs found in their possession but n

those found outside the gate.

If you were the judge, what will be your ruling? 2.5%

- XVI -

After receiving a reliable information that Dante Ong, a notorious drug smuggler, was arriving on PAL Flight NPR 181, PNP Chief Inspector Samuel Gamboa formed a group of anti-drug agents. When Ong arrived at the air

the group arrested him and seized his attaché case. Upon inspection inside the Immigration holding area, the atcase yielded 5 plastic bags of heroin weighing 500 grams. Chief Inspector Gamboa took the attaché case and

boarded him in an unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame and upon nearing W

Plains corner Edsa, Chief Inspector Gamboa ordered PO3 Lorbes to stop the car. They brought out the drugs fr

the case in the trunk and got 3 plastic sacks of heroin. They then told Ong to alight from the car. Ong left with remaining plastic sacks of heroin. Chief Inspector Gamboa advised him to keep silent and go home which the l



did. Unknown to them, an NBI team of agents had been following them and witnessed the transaction. They arr

Chief Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team followed Ong and likewise arrested h

All of them were later charged.

What are their respective criminal liabilities? 5%

- XVII -

Aling Maria received an urgent telephone call from Junior, her eldest son, asking for P2,000.00 to complete his

semestral tuition fees preparatory to his final exams in Commerce. Distressed and disturbed, she borrowed mon

from her compadre Mang Juan with the assurance to pay him within 2 months. Two months lapsed but Aling Mfailed to settle her obligation. Mang Juan told Aling Maria that she does not have to pay the loan if she will allo

youngest 10-year old daughter Annie to work as a housemaid in his house for 2 months at P1,000.00 a month.

Despite Aling Maria's objection, Mang Juan insisted and brought Annie to his house to work as a maid.

8. Was a crime committed by Mang Juan when he brought Annie to his house as maid for the purpose of repaying her mother's loan? 2.5%

9. If Aling Maria herself was made to work as a housemaid in Mang Juan's household to pay her loan, did

commit a crime? 2.5%

NOTHING FOLLOWS.




lawphil



MERCANTILE LAW

September 2006 8 A.M. - 12INSTRUCTIONS

s questionnaire consists of sixteen (16) numbers contained in eight (8) pages. Read each question very carefully. Anibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same num

y be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the



GOOD LUCK!!!












http://none%28%29/




ERCANTILE LAW

- I -

1. What is the doctrine of "piercing the veil of corporate entity?" Explain 2.5%

2. To what circumstances will the doctrine apply? 2.5%

3. What is the minimum and maximum number of incorporators required to incorporate a stock corporation? is th

also the same minimum and maximum number of dicrectors required in a stock corporation? 2.5%

4. Must all incorporators and directors be residents of the Philippines? 2.5%

- II -

cuss the legal consequences when a bank honors a forged check. 5%

- III -

n was about to leave for a business trip. As his usual practice, he signed several blank checks. He instructed Ruth, hi

retary, to fill them as payment for his obligations. Ruth filled one check with her name as payee, placed P30,000.00reon, endorsed and delivered it to Marie. She accepted the check in good faith as payment for goods she delivered t

th. Eventually, Ruth regretted what she did and apologized to Jun. Immediately he directed the drawee bank to dish

check. When Marie encashed the check. it was dishonored.

1. Is Jun liable to Marie? 5%

2. Supposing the check was stolen while in Ruth's possession and a thief filled the blank check, endorsed anddelibvered it to Marie in payment for the goods he purchased from her, is Jun liable to Marie if the check is

dishonored? 5%

- IV -

dy is jobless but is reputed to be a jueteng operator. He has never been charged or convicted of any crime. He main

eral bank accounts and has purchased 5 houses and lots for his children from the Luansing Realty I Inc. Since he do

have any visible job, the company reported his purchases to the Anti-Money Laundering Council (AMLC). Therea

MLC charged him with violation of the Anti-Money Laundering Law. Upon request of the AMLC, the bank disclosedy's bank deposits amounting to P100 Million. Subsequently, he was charged in court for violation of the Anti-Mon

undering Law.

1. Can Rudy move to dismiss the case on the ground that he has no criminal record? 2.5%

2. To raise funds for his defense, Rudy sold the houses and lots to a friend. Can Luansing Realty, Inc. be compelltransfer to the buyer ownership of the houses and lots? 2.5%

3. In disclosing Rudy's bank accout:)ts to the AMLC, did the bank violate any law? 2.5%

4. Supposing the titles of the houses and lots are in possession of the Luansing Realty I Inc., is it under obligation



deliver the titles to Rudy? 2.5%

- V -

e Peninsula Insurance Company offered to insure Francis' brand new car against all risks in the sum of P1 Million f

ar. The policy was issued with the premium fixed at P60,000.00 payable in 6 months. Francis only paid the first twonths installments. Despite demands, he failed to pay the subsequent installments. Five months after the issuance of

icy, the vehicle was carnapped. Francis filed with the insurance company a claim for its value. However, the compa

nied his claim on the ground that he failed to pay the premium resulting in the cancellation of the policy.

n Francis recover from the Peninsula Insurance Company? 5%

- VI -

1. In several policy addresses extensively covered by media since his appointment on December 21, 2005, Chief

Justice Artemio V. Panganiban vowed to leave a judiciary characterized by "four Ins" and to focus in solving th

"four ACID" problems that corrode the administration of justice in our country.

Explain this "four Ins" and "four ACID" problems. 2.5%

2. The Chief Justice also said that the judiciary must "safeguard the liberty" and "nurture the prosperity" of our pe

Explain this philosophy. Cite Decisions of the Supreme Court implementing each of these twin beacons of the

Justice. 2.5%

- VII -

1. What is a mutual insurance company or association? 2.5%2. Distinguish between the role of a conservator and that of a receiver of a bank. 2.5%

- VIII -

is the president of Western Bank. His wife applied for a loan with the said bank to finance an internet cafe. The loa

icer told her that her application will not be approved because the grant of loans to related interests of bank directoricers, and stockholders is prohibited by the General Banking Law.

plain whether the loan officer is correct. 5%

- IX -

e Blue Star Corporation filed with the Regional Trial Court a petition for rehabilitation on the ground that it foresaw

possibility of paying its obligations as they fall due. Finding the petition sufficient in form and substance, the court Order appointing a rehabilitation receiver and staying the enforcement of all claims against the corporation.

hat is the rationale for the Stay Order? 5%



- X -

1. What acts or omissions are penalized under the Trust Receipts Law? 2.5%

2. Is lack of intent to defraud a bar to the prosecution of these acts or omissions? 2.5%

- XI -

der Republic Act No.1405 (The Bank Secrecy Law), bank deposits are considered absolutely confidential and may amined, inquired or looked into by any person, government official, bureau or office.

hat are the exceptions? 5%

- XII -

1. Is the Securities and Exchange Commission the venue for actions involving intra-corporate controversies? 2%

- XIII -

pposing Albert Einstein were alive today and he filed with the Intellectual Property Office (IPO) an application for phis theory of relativity expressed in the formula E=mc2. The IPO disapproved Einstein's application on the ground

theory of relativity is not patentable.

he IPO's action correct? 5%

- XIV -

a written legal opinion for a client on the difference between apprenticeship and learnership, Liza quoted withoutmission a labor law expert's comment appearing in his book entitled "Annotations on the Labor Code."

n the labor law expert hold Liza liable for infringement of copyright for quoting a portion of his book without his

mission? 5%

- XV -

eal estate mortgage may be foreclosed judicially or extrajudicially.

what instance maya mortgagee extrajudicially foreclose a real estate mortgage? 5%

- XVI -

rsuant to a writ of execution issued by the Regional Trial Court in "Express Bank v. Don Rubio," the sheriff levied a

d at public auction 8 photocopying machines of Don Rubio. Is the sheriff's sale covered by the Bulk Sales Law? 5%

NOTHING FOLLOWS.







AXATION LAW

- I -

1. Enumerate the 3 stages or aspects of taxation. Explain each. 5%

2. Distinguish "direct taxes" from "Indirect taxes". Give examples. 5%

- II -

hat is tax pyramiding? What is its basis in law? 5%

- III -

hat properties are exempt from the real property tax? 5%

- IV -

yal Mining is a VAT -registered domestic mining entity. One of its products is silver being sold to the Bangko Sent

ipinas. It filed a claim with the BIR for tax refund on the ground that under Section 106 of the Tax Code, sales of

cious metals to the Bangko Sentral are considered export sales subject to zero-rated VAT.

Royal Mining's claim meritorious? Explain. 5%

- V -

nishing deduction is availed of by taxpayers to:

a. correct his accounting records to reflect the actual deductions mad

b. reduce his gross income

c. reduce his output value-added tax liability

d. reduce his gross estate

oose the correct answer. Explain. 5%

1. The Constitution provides "charitable institutions, churches, parsonages or convents appurtenant thereto, mosqand non- profit cemeteries and all lands, buildings, and improvements actually, directly and exclusively used fo

religious, charitable or educational purposes shall be exempt from taxation." This provision exempts charitableinstitutions and religious institutions from what kind of taxes? Choose the best answer. Explain. 5%

a. from all kinds of taxes, i.e., income, VAT, customs duties, local taxes and real property tax

b. from income tax only



c. from value-added tax only

d. from real property tax only

e. from capital gains tax only

- VI -

ngress enacts a law granting grade school and high school students a 10% discount on all school-prescribed textboochased from any bookstore. The law allows bookstores to claim in full the discount as a tax credit.

1. If in a taxable year a bookstore has no tax due on which to apply the tax credits, can the bookstore claim from t

BIR a tax refund in lieu of tax credit? Explain. 2.5%

2. Can the BIR require the bookstores to deduct the amount of the discount from their gross income? Explain. 2.5

3. If a bookstore closes its business due to losses without being able to recoup the discount, can it claim reimburs

of the discount from the government on the ground that without such reimbursement, the law constitutes taking

private property for public use without just compensation? Explain. 5%

- VII -

ngress enacts a law imposing a 5% tax on the gross receipts of common carriers. The law does not define the term "

eipts". Express Transport, Inc., a bus company plying the Manila- Baguio route, has time deposits with ABC Bank.05, Express Transport earned P1 Million interest, after deducting the 20% final withholding tax from its time depos

h the bank. The BIR wants to collect a 5% gross receipts tax on the interest income of Express Transport without

ducting the 20% final withholding tax. Is the BIR correct? Explain. 5%

- VIII -

June 1, 2003, Global Bank received a final notice of assessment from the BIR for deficiency documentary stamp taamount of P5 Million. On June 30, 2003, Global Bank filed a request for reconsideration with the Commissioner o

ernal Revenue. The Commissioner denied the request for reconsideration only on May 30, 2006, at the same time se

Global Bank a warrant of distraint to collect the deficiency tax. If you were its counsel, what will be your advice tonk? Explain. 5%

- IX -

e Commissioner of Internal Revenue issued an assessment for deficiency income tax for taxable year 2000 last July

06 in the amount of P10 Million inclusive of surcharge and interests. If the delinquent taxpayer is your client, what

l you take? What is your defense? 10%

- X -

e Collector of Customs issued an assessment for unpaid customs duties and taxes on the importation of your client i

ount of P980,000.00. Where will you file your case to protect your client's right? Choose the correct courts/agencie

erving their proper hierarchy. 5%



1. Court of Tax Appeals

2. Collector of Customs

3. Commissioner of Customs

4. Regional Trial Court

5. Metropolitan Trial Court

6. Court of Appeals

7. Supreme Court

- XI -

arlie, a widower, has two sons by his previous marriage. Charlie lives with Jane who is legally married to Mario. Th

ve a child named Jill. The children are all minors and not gainfully employed.

1. How much personal exemption can Charlie claim? Explain. 2.5%

2. How much additional exemption can Charlie claim? Explain. 2.5%

- XII -

. Abraham Eugenio, a pawnshop operator, after having been required by the Revenue District Officer to pay value a

pursuant to a Revenue Memorandum Order (RMO) of the Commission.er of Internal Revenue, filed with the Regio

al Court an action questioning the validity of the RMO.

you were the judge, will you dismiss the case? 5%

- XIII -

rry was being prosecuted by the BIR for failure to pay his income tax liability for Calendar Year 1999 despite sever

mands by the BIR in 2002. The Information was filed with the RTC only last June 2006. Gerry filed a motion to qua

Information on the ground of prescription, the Information having beer. filed beyond the 5-year reglementary perio

you were the judge, will you dismiss the Information? Why? 5%

- XIV -

ld and Silver Corporation gave extra 14th month bonus to all its officials and employees in the total amount of P75

llion. When it filed its corporate income tax return the following year, the corporation declared a net operating loss.hen the income tax return of the corporation was reviewed by the BIR the following year, it disallowed as item of

duction the P75 Million bonus the corporation gave its officials and employees on the ground of unreasonableness. Tporation claimed that the bonus is an ordinary and necessary expense that should be allowed.

you were the BIR Commissioner, how will you resolve the issue? 5%



- XV -

y's Fashion, Inc. is a garment manufacturer located and registered as a Subic Bay Freeport Enterprise under Republ

. 7227 and a non-VAT taxpayer. As such, it is exempt from payment of all local and national internal revenue taxes

ring its operations, it purchased various supplies and materials necessary in the conduct of its manufacturing businee suppliers of these goods shifted to Lily's Fashion, Inc. the 10% VAT on the purchased items amounting to PS00,0

y's Fashion, Inc. filed with the BIR a claim for refund for 'the input tax shifted to it by the suppliers.

you were the Commissioner of Internal Revenue, will you allow the refund? 5%

- XVI -

ezon City published on January 30, 2006 a list of delinquent real property taxpayers in 2 newspapers of general

culation and posted this in the main lobby of the City Hall. The notice requires all owners of real properties in the li

y the real property tax due within 30 days from the date of publication, otherwise the properties listed shall be sold a

blic auction.

chin is one of those named in the list. He purchased a real property in 1996 but failed to register the document of sa

h the Register of Deeds and secure a new real property tax declaration in his name. He alleged that the auction sale

perty is void for lack of due process considering that the City Treasurer did not send him personal notice. For his p

City Treasurer maintains that the publication and posting of notice are sufficient compliance with the requirementslaw.

1. If you were the judge, how will you resolve this issue? 2.5%

2. Assuming Joachin is a registered owner, will your answer be the same? 2.5%

NOTHING FOLLOWS.e Lawphil Project - Arellano Law Foundation



lawphil



LABOR AND SOCIAL LEGISLATION

eptember 2006 2 P.M. -

INSTRUCTIONS

s questionnaire consists of fifteen (15) numbers contained in seven (7) pages. Read each question very carefully. A

ibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same numy be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the



GOOD LUCK!!!









http://none%28%29/






ABOR AND SOCIAL LEGISLATION

- I -

1. What is the purpose of labor legislation? 2.5%

2. What is the concept of liberal approach in interpreting the Labor Code and its Implementing Rules and Regula

in favor of labor? 2.5%

3. What property right is conferred upon an employee once there is an employer-employee relationship? Discuss briefly. 5%

- II -

onder Travel and Tours Agency (WTTA) is a well known travel agency and an authorized sales agent of the PhilippLines. Since majority of its passengers are overseas workers, WTTA applied for a license for recruitment and plac

ivities. It stated in i.ts application that its purpose is not for profit but to help Filipinos find employment abroad.

ould the application be approved? 5%

- III -

n an overseas worker refuse to remit his earnings to his dependents and deposit the same in the country where he wgain more interests? Explain. 5%

- IV -

r humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. Their employme

ntract was for six (6) months. The bank terminated their employment on the ground that their contract has expiredmpting them to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? 5%

- V -

n an employer and an employee enter into an agreement reducing or increasing the minimum percentage provided f

ht differential pay, overtime pay, and premium pay? 5%

- VI -

1. When is there a wage distortion ?



2. How should a wage distortion be settled?

3. Can the issue of wage distortion be raised in a notice of strike?Explain. 10%

- VII -

ay was employed by Herrera Home Improvements, Inc. (Herrera Home) as interior decorator. During the first year

ployment, she did not report for work for one month. Hence, her employer dismissed her from the service. She filed

Labor Arbiter a complaint for illegal dismissal alleging she did not abandon her work and that in terminating her ployment, Herrera Home deprived her of her right to due process. She thus prayed that she be reinstated to her posi

ay hired you as her counsel. In preparing the position paper to be submitted to the Labor Arbiter, explain the standa

e process which should have been observed by Herrera Home in terminating your client's employment. 5%

- VIII -

e modes of determining an exclusive bargaining agreement are:

a. voluntary recognition

b. certification election

c. consent election

plain briefly how they differ from one another. 5%

- IX -

mstrong Corporation, a foreign corporation, intends to engage in the exploration of Philippine natural resources. Mr

tonio Reyes offered the forest land he owns to the president of the corporation. May Armstrong Corporation enter iancial and technical assistance agreement (FTAA) with Mr. Reyes to explore, develop, and utilize the land? Explain

- X -

C Tomato Corporation, owned and managed by three (3) elderly brothers and two (2) sisters, has been in business

ars. Due to serious business losses and financial reverses during the last five (5) years, they decided to close the bus

1. As counsel for the corporation, what steps will you take prior to its closure? 2.5%

2. Are the employees entitled to separation pay? 2.5%

he reason for the closure is due to old age of the brothers and sisters:

1. Is the closure allowed by law? 2.5%

2. Are the employees entitled to separation benefits? 2.5%

- XI -

a result of bargaining deadlock between ROSE Corporation and ROSE Employees Union, its members staged a str



ring the strike, several employees committed illegal acts. The company refused to give in to the union's demands.

entually, its members informed the company of their intention to return to work. 10%

1. Can ROSE Corporation refuse to admit all the strikers?

2. Assuming the company admits all the strikers, can it later on dismiss those employees who committed illegal a

3. If due to the prolonged strike, ROSE Corporation hired replacements, can it refuse to admit the replaced striker

- XII -

ring their probationary employment, eight (8) employees were berated and insulted by their supervisor. In protest, tlked out. The supervisor shouted at them to go home and never to report back to work. Later, the personnel manage

uired them to explain why they should not be dismissed from employment for abandonment and failure to qualify f

itions applied for . They filed a complaint for illegal dismissal against their employer.

a Labor Arbiter, how will you resolve the case? 10%

- XIII -

1. Can a "no-union" win in a certification election? 2.5%

2. When does a "run-off" election occur? 2.5%

- XIV -

termine whether the following minors should be prohibited from being hired and from performing their respective dicated hereunder: 5%

1. A 17-year old boy working as a miner at the Walwaldi Mining Corporation.

2. An 11-year old boy who is an accomplished singer and performer in different parts of the country.

3. A 15-year old girl working as a library assistant in a girls' high school.

4. A 16-year old girl working as a model promoting alcoholic beverages.

5. A 17-year old boy working as a dealer in a casino.

- XV -

a condition for her employment, Josephine signed an agreement with her employer that she will not get married,erwise, she will be considered resigned or separated from the service.

ephine got married. She asked Owen, the personnel manager, if the company can reconsider the agreement. He told

ephine he can do something about it, insinuating some sexual favors. She complained to higher authorities but to no

ail. She hires you as her counsel. What action or actions will you take? Explain. 5%

NOTHING FOLLOWS.




lawphil



POLITICAL AND PUBLIC INTERNATIONAL LAW

eptember 2006 8 A.M. - 12

INSTRUCTIONS

s questionnaire consists of ten (10) numbers contained in seven (7) pages. Read each question very carefully. Answibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same numy be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the



GOOD LUCK!!!









http://none%28%29/




Chairperson




OLITICAL AND PUBLIC INTERNATIONAL LAW

- I -

1. What do you mean by the "Calling-out Power" of the President under Section 18, Article VII of the Constitutio

5%2. On February 24, 2006, President Gloria Macapagal-Arroyo issued Proclamation No.1017 declaring a state of

national emergency. Is this Proclamation constitutional? Explain. 2.5%

3. During the effectivity of this Proclamation, Gener, Lito, and Bong were arrested by the police for acts of terrorIs the arrest legal? Explain. 2.5%

- II -

e Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor" of Manila an application for a permit

d a rally on Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political killings of rnalists. However, the City Mayor denied their application on the ground that a rally at the time and place applied f

l block the traffic in the San Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio, which has been

ignated a Freedom Park, as venue for the rally.

1. Does the SM have a remedy to contest the denial of its application for a permit? 2.5%2. How should a wage distortion be settled?

3. Does the availability of a Freedom Park justify the denial of SM's application for a permit? 2.5%

4. Assuming that despite the denial of SM's application for a permit, its members hold a rally, prompting the poli

arrest them. '- Are the arrests without judicial warrants lawful? 2.5%

- III -

e President issued Proclamation No.1018 placing the Philippines under Martial Law on the ground that a rebellion s

lawless elements is endangering the public safety .Pursuant to the Proclamation, suspected rebels were arrested and

ained and military tribunals were set up to try them. Robert dela Cruz, a citizen, filed with the Supreme Court a pet

estioning the validity of Proclamation No.1018.

1. Does Robert have a standing to challenge Proclamation No.1018? Explain. 2.5%

2. In the same suit, the Solicitor General contends that under the Constitution, the President as Commander-in-Ch



determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that

determination is conclusive upon the courts. How should the Supreme Court rule? 2.5%

3. The Solicitor General argues that, in any event, the determination of whether the rebellion poses dangers to pub

safety involves a question of fact and the Supreme Court is not a trier of facts. What should be the ruling of the

Court? 2.5%

4. Finally, the Solicitor General maintains that the President reported to Congress such proclamation of Martial L

but Congress did not revoke the proclamation. What is the effect of the inaction of Congress on the suit broughRobert to the Supreme Court? 2.5%

- IV -

te whether or not the following laws are constitutional. Explain briefly.

1. A law prohibiting Chinese citizens from engaging in retail trade. 2%

2. A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. 2%

3. A law fixing the terms of local elective officials, other than barangay officials, to 6 years. 2%

4. A law changing the design of the Philippine flag. 2%

5. A law creating a state corporation to exploit, develop, and utilize compressed natural gas. 2%

- V -

1. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2.52. What is the composition of each? 2.5%

3. Differentiate an election protest from an action for quo warranto. 2.5%

4. What is a quasi-judicial body or agency? 2.5%

- VI -

1. a) What is the principal identifying feature of a presidential form of government? Explain. 2.5%

b) What are the essential characteristics of a parliamentary form of government? 2.5%

2. What Constitutional provisions institutionalize the principle of civilian supremacy? 2.5%

3. Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the

Constitution? 2.5%

- VII -

ect the best answer and explain.

1. An accused's right against self-incrimination is violated in the following cases: 5%



a. When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder;

b. When he is compelled to produce his bankbooks to be used as evidence against his father charged with

plunder;

c. When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author

letter wherein he agreed to kill the victim;

d. When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty illegal recruitment.

2. The legislature may abolish this body: 5%

a. Commission on Appointments

b. Ombudsman

c. Judicial and Bar Council

d. Court of Tax Appeals

e. Commission on Audit

- VIII -

1. Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945. At 21, she

elected Philippine citizenship and studied law. She passed the bar examinations and engaged in private practice

many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice ofSupreme Court. But her nomination is being contested by Atty .Juris Castillo, also an aspirant to the position. S

claims that Atty. Emily Go is not a natural-born citizen, hence, not qualified to be appointed to the Supreme Co

Is this contention correct? 5%2. Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino mother. His fath

became a naturalized Filipino citizen when Atty .Chua was still a minor . Eventually, he studied law and was

allowed by the Supreme Court to take the bar examinations, subject to his submission to the Supreme Court pr

his Philippine citizenship. Although he never complied with such requirement, Atty. Chua practiced law for mayears until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the grou

that he is not a Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine

citizenship. Noel contested it claiming it was filed many years after Atty. Chua reached the age of majority. WiAtty. Chua be disbarred? Explain. 5%

- IX -

1. Where is the seat of the International Court of Justice? 1%

2. How many are its members? 1 %

3. What is the term of their office? 1 %

4. Who is its incumbent president? 1 %



5. What is his/her nationality? 1 %

6. In 1980, the United States filed with the International Court of Justice a complaint against Iran alleging that the

is detaining American diplomats in violation of International Law. Explain how the International Court of Justi

can acquire jurisdiction over these contending countries. 5%

- X -

1. How is state sovereignty defined in International Law? 2.5%2. Is state sovereignty absolute? 2.5%

3. What is the principle of auto-limitation? 2.5%

4. What is the relationship between reciprocity and the principle of auto-limitation? 2.5%

NOTHING FOLLOWS.




Documents

Bar Examinations 2006