1. Todays question is on the subject Local Government...

Can the province of Pampanga disallow the operations of lotto in the province on the basis of a local ordinance
prohibiting gambling?

a.No, the province exercise delegated legislative power which is not superior to that of the national government

b. No, the province has no regulatory powers over gambling which is within the sphere of the national government

No, the province cannot enact ordinances over subject matters which are regulated by the national government
c.
No, the province has no power to define an offense which is within the province of the national legislative body

Lina vs Dizon Pano, G. R. No. 129093, August 30, 2001
This statute remains valid today. While lotto is clearly a game of chance, the national government deems it wise and
proper to permit it. Hence, the Sangguniang Panlalawigan of Laguna, a local government unit, cannot issue a
resolution or an ordinance that would seek to prohibit permits. Stated otherwise, what the national legislature
expressly allows by law, such as lotto, a provincial board may not disallow by ordinance or resolution.
In our system of government, the power of local government units to legislate and enact ordinances and resolutions
is merely a delegated power coming from Congress.

2. A person who receives and use a fictitious wireless message, knowing that the same is fictitious, is
criminally liable for Use of Falsified Messages provided that

a.there is an intent to cause damage

b. there is justifiable reason to use the same

c.the message is not libelous

d. there is publication

RPC
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages.
The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee
of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless,
cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or
falsifies the same.
Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree. ?







3. Todays question is on the subject Banking Laws...

The Bangko Sentral has the responsibility to provide policy directions in

a. money, banking and insurance

b. money, finances and credit

c. d. money, foreign exchange and credit

d. money, banking and credit


The New Central Bank Act
SEC. 3. Responsibility and Primary Objective. _ The Bangko Sentral shall provide policy directions in the areas of
money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory
powers as provided in this Act and other pertinent laws over the operations of finance companies and non-bank
financial institutions performing quasi-banking functions, hereafter referred to as quasi- banks, and institutions
performing similar functions.

The primary objective of the Bangko Sentral is to maintain price stability conducive to a balanced and sustainable
growth of the economy. It shall also promote and maintain monetary stability and the convertibility of the peso.

4. Todays question is on the subject Election Laws...

What is the campaign period for Senators?

a. 100 days before election

b. 80 days before elections

c. 90 days before election

d. 75 days before election

RA 7166
Section 5. Election and Campaign Period. - Unless otherwise fixed by the Commission, the
election period for the May 11, 1992 regular elections shall commence ninety (90) days before
the day of the election and shall end thirty (30) days thereafter.
The campaign periods are hereby fixed as follows:
(a) For President, Vice-President and Senators, ninety (90) days before the day of the election;
and
(b) For Members of the House of Representatives and elective provincial, city and municipal
officials, forty-five (45) days before the day of the election.


5. Todays question is on the subject Special Criminal Laws...

The conspiracy to commit an importation of illegal drugs is


a. punished by the same penalty as the consummated crime

b. considered a special mitigating circumstance

c. penalized one degree lower than the consummated crime

d. penalized two degrees lower than the consummated crime

RA 9165

Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the commission of the same
as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.

6. Todays question is on the subject Labor Standards...

Lectures for the employees is not considered working time when the attendance is voluntary, the
attendance is beyond the regular working hours and


a. The lecture is not directly related to the duties of the employee

b. The employee is reimbursed for all expenses incurred

c. The employer is also invited to attend the seminar
d.
The employee does not perform productive work during the seminar

For lectures and meetings to be compensable all of the following conditions must be present:
1. Attendance is outside of the employers regular working hours
2. Attendance is in fact voluntary and
3. The employee does not perform any productive work during such attendance.
7. Todays question is on the subject Public International Law...

Applying the rules under the UNCLOS, the maximum length of the baselines of an archipelagic
state is

a. 125 nautical miles

b. 150 nautical miles

c. 130 miles

d. 125 miles

United Nations Convention on the Law of the Sea
Article 47. Archipelagic baselines x x x
2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent
of the total number of baselines enclosing any archipelago may exceed that length, up to a
maximum length of 125 nautical miles. x x x

8. Todays question is on the subject Torts and Damages...

a. A person is liable for all damages in a breach of contract when

b. there is fraud, bad faith, malice or reckless attitude

c. there is fraud, bad faith, malice or wanton attitude

d. there is fraud, bad faith, malice or intent to cause damage

e. the subject matter of the contract is totally lost

Civil Code
Article 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in
good faith is liable shall be those that are the natural and probable consequences of the breach of
the obligation, and which the parties have foreseen or could have reasonably foreseen at the time
the obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all
damages which may be reasonably attributed to the non-performance of the obligation. (1107a)



9. Todays question is on the subject Labor Relations...

a. A cancellation of the registration of any legitimate labor organization may be done by

b. The Bureau of Labor Relations upon a complaint

c. The Regional Office after hearing

d. The Bureau of Labor Relations after hearing

e. The DOLE after hearing

The certificate of registration of any legitimate labor organization, whether national or local, may
be cancelled by the BLR, after due hearing, only on the grounds specified in Art. 239. (as
amended by R.A. 9481)



10. Todays question is on the subject Labor Relations...

[BAR 2011] The employees' union in San Joaquin Enterprise continued their strike despite a
return to work order from the Secretary of Labor. Because of this defiance, the employer
dismissed the strikers. But the Labor Arbiter declared as illegal the dismissal of those whose
commission of unlawful acts had not been proved. They were ordered immediately reinstated.
The employer refused, however, to reinstate them on the ground that the rule on immediate
reinstatement applies only to terminations due to just or authorized causes. Is the employer's
refusal justified?


a. Yes. The employer's refusal is legal and justified as a penalty for defying the secretary's
lawful order.

b. Yes, the rule on immediate reinstatement does not apply to employees who have defied a
return-to-work order.

c. No. The dismissal of the employees was valid; reinstatement is unwarranted.

d. No, every employee found to have been illegally dismissed is entitled to immediate
reinstatement even pending appeal.

The appellate court counted on as its first ground the view that a subsequent finding of a valid
dismissal removes the basis for implementing the reinstatement aspect of a labor arbiters
decision.
On this score, the Courts attention is drawn to seemingly divergent decisions concerning
reinstatement pending appeal or, particularly, the option of payroll reinstatement. On the one
hand is the jurisprudential trend as expounded in a line of cases including Air Philippines Corp.
v. Zamora, while on the other is the recent case of Genuino v. National Labor Relations
Commission. At the core of the seeming divergence is the application of paragraph 3 of Article
223 of the Labor Code which reads:
In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall immediately be executory, pending appeal.
The employee shall either be admitted back to work under the same terms and conditions
prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated
in the payroll. The posting of a bond by the employer shall not stay the execution for
reinstatement provided herein. (Emphasis and underscoring supplied)
The view as maintained in a number of cases is that:
x x x [E]ven if the order of reinstatement of the Labor Arbiter is reversed on appeal, it is
obligatory on the part of the employer to reinstate and pay the wages of the dismissed employee
during the period of appeal until reversal by the higher court. On the other hand, if the employee
has been reinstated during the appeal period and such reinstatement order is reversed with
finality, the employee is not required to reimburse whatever salary he received for he is entitled
to such, more so if he actually rendered services during the period. (Emphasis in the original;
italics and underscoring supplied)
In other words, a dismissed employee whose case was favorably decided by the Labor Arbiter is
entitled to receive wages pending appeal upon reinstatement, which is immediately executory.
Unless there is a restraining order, it is ministerial upon the Labor Arbiter to implement the order
of reinstatement and it is mandatory on the employer to comply therewith (Garcia vs. PAL, G.R.
N



11. Todays question is on the subject National Internal Revenue Code...

The capital gains tax from sale of real property classified as capital asset is


a. 7.5% based on the gross selling price or current fair market value whichever is higher

b. 1.5% based on the gross profit

b. 6% based on the gross selling price or zonal value, whichever is higher

d.7.5% based on the gross selling price or zonal value, whichever is higher
Section 24, NIRC

x x x
(D) Capital Gains from Sale of Real Property. -
(1) In General. - The provisions of Section 39(B) notwithstanding, a final tax of six percent (6%)
based on the gross selling price or current fair market value as determined in accordance with
Section 6(E) of this Code, whichever is higher, is hereby imposed upon capital gains presumed
to have been realized from the sale, exchange, or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro sales and other forms of
conditional sales, by individuals, including estates and trusts: Provided, That the tax liability, if
any, on gains from sales or other dispositions of real property to the government or any of its
political subdivisions or agencies or to government-owned or controlled corporations shall be
determined either under Section 24 (A) or under this Subsection, at the option of the taxpayer.



12. Todays question is on the subject Persons and Family Relations...

[BAR 2011] When A and B married, they chose conjugal partnership of gains to govern their
property relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of
the latter's psychological incapacity. What liquidation procedure will they follow in disposing of
their assets?


a. The law on liquidation of partnerships applies.

b. The liquidation of a co-ownership applies since the annulment brought their property
relation under the chapter on property regimes without marriage.

c. Since the marriage has been declared void, the rule for liquidation of absolute community
of property shall be followed.

d. They will follow the rule governing the liquidation of a conjugal partnership of gains
where the party who acted in bad faith forfeits his share in the net profits.


That is not the case for annulment of marriage under Article 36 of the Family Code because the
marriage is governed by the ordinary rules on co-ownership.
In this case, petitioners marriage to respondent was declared void under Article 36 of the
Family Code and not under Article 40 or 45. Thus, what governs the liquidation of properties
owned in common by petitioner and respondent are the rules on co-ownership. In Valdes, the
Court ruled that the property relations of parties in a void marriage during the period of
cohabitation is governed either by Article 147 or Article 148 of the Family Code. The rules on
co-ownership apply and the properties of the spouses should be liquidated in accordance with the
Civil Code provisions on co-ownership. Under Article 496 of the Civil Code, [p]artition may be
made by agreement between the parties or by judicial proceedings. x x x. It is not necessary to
liquidate the properties of the spouses in the same proceeding for declaration of nullity of
marriage. (Alain M. Dio v. Ma. Caridad L. Dio, G.R. No. 178044, January 19, 2011)




13. Todays question is on the subject Revised Penal Code Book 1...

The doctrine actus me invito factus, non est meus actus is the basis for the exempting
circumstance of

a. accident

b. irresistible force

c. insanity

d. imbecility

This means an act against my will is not my act, which is the basis for the exemption under pars.
5 and 6 of Art. 12. (Regalado, Criminal Law Conspectus)


14. Todays question is on the subject Credit Transactions...

Which of the following is a prohibition on the depositary?

a. To demand from the depositor to show proof of his identity

b. To report the fact of deposit to the true owner of the object

c. To charge the depositor reimbursement for expenses

d. To demand from the depositor to show proof of ownership

Civil Code
Article 1984. The depositary cannot demand that the depositor prove his ownership of the thing
deposited.
Nevertheless, should he discover that the thing has been stolen and who its true owner is, he
must advise the latter of the deposit.
If the owner, in spite of such information, does not claim it within the period of one month, the
depositary shall be relieved of all responsibility by returning the thing deposited to the depositor.
If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired
by the depositor, the former may return the same. (1771a)









15. Todays question is on the subject Intellectual Property Code...

[BAR 2011] A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business name, A
Transport Co., Inc. May this be allowed?

a.Yes, since such name would give his business a corporate identity.

b.No, it would be deceptive since he is a proprietor, not a corporation.

c.Yes, since his line of business is public transportation.

d.No, since A is a generic name, not suitable for registration.

Intellectual Property Code
Section 165. Trade Names or Business Names. - 165.1. A name or designation may not be used as a trade name if
by its nature or the use to which such name or designation may be put, it is contrary to public order or morals and if,
in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise identified by that
name.

16. Todays question is on the subject Land Titles and Deeds...

A former Filipino may acquire residential private land in urban areas for a maximum of

a. 800 square meters

b. 1000 square meters

c. 1 hectare

d. 500 square meters

BP 185
Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal
capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of
one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as
his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if
both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a
transferee of additional urban or rural lands for residential purposes which, when added to those already owned by
him, shall not exceed the maximum areas herein authorized.

17. Todays question is on the subject Persons and Family Relations...

Who is required to give parental consent when all of the following are still alive:

a. the estranged mother

b. the estranged father

c. grandfather who supports his schooling

d. grandmother with whom he lives
Family Code
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian,
or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead,
shall be attached to said applications. (61a)

18. Todays question is on the subject Insurance...

The parties in an insurance contract has no obligation to communicate even upon inquiry

a. information of confidential character

b. information he believes to be immaterial

c. information of his own judgment

d. information tending to prove his judgment
Insurance Code
Section 35. Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his
own judgment upon the matters in question.


19. Todays question is on the subject Land Titles and Deeds...

A married couple who are both former Filipinos may acquire private land in rural areas for residential
purposes for a maximum of

1 hectare

1.5 hectares

3 hectares

5 hectares
BP 185
Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal
capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of
one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as
his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if
both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a
transferee of additional urban or rural lands for residential purposes which, when added to those already owned by
him, shall not exceed the maximum areas herein authorized.

20. Todays question is on the subject Social Legislation Laws...

In case of permanent disability to an employee, the System to which he belongs shall pay him
monthly benefits and for each child

1% of the monthly income benefits

5% of the monthly income benefits

10% of the monthly income benefits

15% of the monthly income benefits
PD 626 as amended
CHAPTER VI DISABILITY BENEFITS
ART. 192. Permanent total disability. (a) Under such regulations as the Commission may approve, any
employee under this Title who contracts sickness or sustains an injury resulting in his permanent total disability
shall, for each month until his death, be paid by the System during such a disability, an amount equivalent to
the monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five,
beginning with youngest and without substitution: Provided, That the monthly income benefit shall be the new
amount of the monthly benefit for all covered pensioners, effective upon approval of this Decree.
(b) The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is
gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination
at least once a year upon notice by the System, except as otherwise provided for in other laws, decrees, orders
or Letters of Instructions. (As amended by Sec. 5, P.D. 1641).
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise
provided for in the Rules;
(2) Complete loss of sight of both eyes;
(3) Loss of two limbs at or above the ankle or wrist;
(4) Permanent complete paralysis of two limbs;
(5) Brain injury resulting in incurable imbecility or insanity; and
(6) Such cases as determined by the Medical Director of the System and approved by the Commission.
(d) The number of months of paid coverage shall be defined and approximated by a formula to be approved by
the Commission

21. Todays question is on the subject Torts and Damages...

Interest cannot be recovered upon unliquidated claims or damages except when the demand can
be established

by previous transactions

by collateral transactions

with reasonable certainty

with relevant proofs
Civil Code
Article 2213. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can
be established with reasonable certainty.
22. Todays question is on the subject Special Proceedings...

Which of the following is not one of the effects of rescission of adoption?

The parental authority of the adoptee's biological parents shall be restored

The legal custody of the Department of Social Welfare and Development shall be restored if the adoptee is still
a minor

The legal custody of the Department of Social Welfare and Development shall be restored if the adoptee is
incapacitated

All succession rights shall revert to its status prior to adoption
Republic Act No. 8552 (Rules and Policies on Domestic Adoption)
SEC. 20. Effects of Rescission.- If the petition is granted, the parental authority of the adoptee's biological
parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be
extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore
his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under
the Penal Code if the criminal acts are properly proven.

23. Todays question is on the subject Evidence...

[BAR 2011] Bearing in mind the distinction between private and public document, which of the
following is admissible in evidence without further proof of due execution or genuineness?

Unblemished receipt dated December 20, 1985 signed by the promisee, showing payment of a loan, found
among the well-kept file of the promissor.

Documents acknowledged before a Notary Public in Hong Kong.

Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.

Baptismal certificates.
Section 19 and 24, Rule 132, ROC
SECTION 19. Classes of documents. For the purpose of their presentation in evidence, documents are either
public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the Philippines, or of a foreign country;
(b) x x x x x x
SECTION 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section
19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested
by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not
kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is
kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul
general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.

24. Todays question is on the subject Torts and Damages...

[BAR 2011] Because of X's gross negligence, Y suffered injuries that resulted in the abortion of
the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family
member. Is Y entitled to indemnity for the death of the foetus she carried?

No, since X's would not have known that the accident would result in Y's abortion.

No, since birth determines personality, the accident did not result in the death of a person.

Yes, since the mother believed in her heart that she lost a child.

Yes, since the foetus is already regarded as a child from conception, though unborn.
Civil Code
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that
are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered
from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)




25. Todays question is on the subject General Principles of Taxation...

It means taxing the same property twice when it should be taxed only once. Double taxation is
also known as

Direct dual taxation

Direct dual imposition

Direct duplicate taxation

Indirect duplicate taxation
Double taxation means taxing the same property twice when it should be taxed only once; that is, taxing the
same person twice by the same jurisdiction for the same thing. It is obnoxious when the taxpayer is taxed
twice, when it should be but once. Otherwise described as direct duplicate taxation, the two taxes must be
imposed on the same subject matter, for the same purpose, by the same taxing authority, within the same
jurisdiction, during the same taxing period; and the taxes must be of the same kind or character. (City of
Manila vs. G.R. No. 181845, August 4, 2009)


26. Todays question is on the subject Social Legislation Laws...

An employee is one who renders mental or physical efforts in the service of an employer provided
that

he is considered as a regular employee

he receives compensation for such service

he contributes in any manner to the business of the employer

he is bound by an employment contract with the employer
Social Security Law, as amended
SEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the context indicates
otherwise, have the following meanings: x x x
(d) Employee - Any person who performs services for an employer in which either or both mental or physical
efforts are used and who receives compensation for such services, where there is an employer-employee
relationship: Provided, That a self-employed person shall be both employee and employer at the same time.

27. Todays question is on the subject Local Government Taxation...

In continuing business of publication, the province may impose tax on the person engaged in the
said business at the rate

not exceeding 1% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 5% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 0.05% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 1/2 of 1% of the gross annual receipts for the preceding calendar year
Local Government Code
Section 136. Tax on Business of Printing and Publication. - The province may impose a tax on the business of
persons engaged in the printing and/or publication of books, cards, posters, leaflets, handbills, certificates,
receipts, pamphlets, and others of similar nature, at a rate not exceeding fifty percent (50%) of one percent
(1%) of the gross annual receipts for the preceding calendar year.
In the case of a newly started business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of
the capital investment. In the succeeding calendar year, regardless of when the business started to operate,
the tax shall be based on the gross receipts for the preceding calendar year, or any fraction thereof, as
provided herein.
The receipts from the printing and/or publishing of books or other reading materials prescribed by the
Department of Education, Culture and Sports as school texts or references shall be exempt from the tax herein
imposed.

28. Todays question is on the subject Securities and Regulations Code...

The term securities under the law does not include

bonds

debentures

insurance policy

investment contracts
RA 8799 Securities Regulation Code
Section 3. Definition of Terms. - 3.1. "Securities" are shares, participation or interests in a corporation or in a
commercial enterprise or profit-making venture and evidenced by a certificate, contract, instruments, whether
written or electronic in character. It includes:
(a) Shares of stocks, bonds, debentures, notes evidences of indebtedness, asset-backed securities;
(b) Investment contracts, certificates of interest or participation in a profit sharing agreement, certifies of
deposit for a future subscription;
(c) Fractional undivided interests in oil, gas or other mineral rights;
(d) Derivatives like option and warrants;
(e) Certificates of assignments, certificates of participation, trust certificates, voting trust certificates or similar
instruments
(f) Proprietary or nonproprietary membership certificates in corporations; and
(g) Other instruments as may in the future be determined by the Commission.

29. Todays question is on the subject Labor Relations...

[BAR 2011] Where the petition for a certification election in an unorganized establishment is filed
by a federation, it shall NOT be required to disclose the

names of the local chapter's officers and members.

names and number of employees that initiated the union formation in the enterprise.

names and addresses of the federation officers.

names of the employees that sought assistance from the federation in creating the chapter.
LABOR CODE as amended by REPUBLIC ACT NO. 9481
ART. 257. Petitions in Unorganized Establishments. - In any establishment where there is no certified
bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of
a petition by any legitimate labor organization, including a national union or federation which has already
issued a charter certificate to its 1ocal/chapter participating in the certification election or a local/chapter which
has been issued a charter certificate by the national union or federation. In cases where the petition was filed
by a national union or federation, it shall not be required to disclose the names of the local chapter's officers
and members

30. Todays question is on the subject Land Titles and Deeds...

The signature of A was forged on a deed of Sale of real property in favor of B, who was also in
possession of the owner's copy of the title of the property. Does B acquire good title to the
property if the Register of Deeds subsequently issued a Transfer Certificate of Title in his favor on
the basis of such forged deed of sale and owner's duplicate?

Yes, the Certificate of Title issued in favor of B is indefeasible under the law.

Yes, there is a conclusive presumption of validity of title in favor of B which cannot be questioned after the
registration of the title in his name.

No, the forged deed of sale is null and void and conveys no title.

No, the transfer certificate of title over a property is not covered by the protection of Torrens system on titled
lands.
In Instrade, Inc. v. Court of Appeals, we reiterated the said ruling maintaining that [A]s early as Joaquin v.
Madrid, x x x, we said that in order that the holder of a certificate for value issued by virtue of the registration
of a voluntary instrument may be considered a holder in good faith and for value, the instrument registered
should not be forged. Indubitably, therefore, the questioned Deed of Absolute Sale did not convey any title to
herein petitioners. Consequently, they cannot take refuge in the protection accorded by the Torrens system on
titled lands. (Bernales vs. Yap, G.R. No. 163271, January 15, 2010)

31. Todays question is on the subject Constitutional Law...

The Philippines may change its name, national anthem or national seal upon

A law passed by Congress and ratified by the people

An amendment of the Constitution

A proposed amendment to the Constitution by a Constitutional Convention and ratified by the people

An initiative of the people
Art. XVI, General Provisions
Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal,
which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall
take effect only upon its ratification by the people in a national referendum.

32. Todays question is on the subject Property...

Accession by conjunction may occur when two things are united to form a single object and

there is an intention to unite them permanently

there is a change in the composition of the objects

there is no agreement as to the ownership of the new object

the two objects belong to different owners who are in good faith
Civil Code
Article 466. Whenever two movable things belonging to different owners are, without bad faith, united in such
a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the
former owner thereof for its value. (375)

In order that accession by adjunction or conjunction may occur, it is necessary that (1) the two things belong
to different owners; and that (2) they form a single object, or that their separation would impair their nature.
(Tolentino, Civil Code of the Philippines)

Todays question is on the subject Legal Ethics...

[BAR 2011] Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of
court, if the case records have already been remanded to the MTC as the Court of Appeals
directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of
Appeals' decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter
scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the
work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and
the possibility of entering his appearance later. Is Anthony liable for his record follow up?

Yes, because none of the parties to the case authorized him to do such follow-up.

No, because following up the records of any case does not constitute practice of law.

Yes, because he did not inform Lisa of the basis of his interest in the case.

No, because he acted in good faith with a view to a possible retainer.
In both instances, the respondent violated Sections 21 and 27, Rule 138 of the Rules of Court when he
undertook the unauthorized appearances. The settled rule is that a lawyer may not represent a litigant without
authority from the latter or from the latters representative or, in the absence thereof, without leave of court.
The willful unauthorized appearance by a lawyer for a party in a given case constitutes contumacious conduct
and also warrants disciplinary measures against the erring lawyer for professional misconduct. (Que vs. Revilla,
Jr., A.C. No. 7054, December 4, 2009)

Rules of Court
SEC. 21. Authority of attorney to appear.An attorney is presumed to be properly authorized to represent any
cause in which he appears, and no written power of attorney is required to authorize him to appear in court for
his client, but the presiding judge may, on motion of either party and on reasonable grounds therefor being
shown, require any attorney who assumes the right to appear in a case to produce or prove the authority
under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who
employed him, and may thereupon make such order as justice requires. An attorney wilfully appearing in court
for a person without being employed, unless by leave of the court, may be punished for contempt as an officer
of the court who has misbehaved in his official transactions.

SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor.A member of the bar
may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice,
or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude, or for any violation of the oath which he is required to take before admission to
practice, or for a wilful disobedience appearing as an attorney for a party to a case without authority so to do.
The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or
brokers, constitutes malpractice.
The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory
agency in a foreign jurisdiction where he has also been admitted as an attorney is a ground for his disbarment
or suspension if the basis of such action includes any of the acts hereinabove enumerated.
The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of
the ground for disbarment or suspension. (As amended by SC Res. dated Feb. 13, 1992.)

Todays question is on the subject Special Commercial Laws...

The creditor is required to furnish his debtor the finance charges

prior to the execution of the agreement

prior to the consummation of the transaction

prior to the perfection of the transaction

prior to the actual delivery of the object
Truth in Lending Act
Section 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of
the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules
and regulations prescribed by the Board, the following information:
(1) the cash price or delivered price of the property or service to be acquired;
(2) the amounts, if any, to be credited as down payment and/or trade-in;
(3) the difference between the amounts set forth under clauses (1) and (2);
(4) the charges, individually itemized, which are paid or to be paid by such person in connection with the
transaction but which are not incident to the extension of credit;
(5) the total amount to be financed;
(6) the finance charge expressed in terms of pesos and centavos; and
(7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate
on the outstanding unpaid balance of the obligation.

Todays question is on the subject Special Commercial Laws...

A warehouse receipt provides that the goods are deliverable to bearer. A, who is the holder,
negotiated the warehouse to B by special indorsement. How can B negotiate the receipt to C?

By mere delivery since the receipt is originally a bearer receipt

By special indorsement since the receipt is deliverable to B

By blank indorsement because the receipt remains a bearer receipt

By blank or special indorsement because the receipt is deliverable to B
Warehouse Receipt Law
SECTION 37. Negotiation of negotiable receipt of delivery. A negotiable receipt may be negotiated by
delivery:
(a) Where, by terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or
(b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a
specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer.
Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt
has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified
person, and, in such case, the receipt shall thereafter be negotiated only by the indorsement of such indorsee.

Todays question is on the subject Revised Penal Code Book 1...

[BAR 2011] The prescriptive period for bigamy is 15 years counted from the date of the

discovery of the second marriage by the authorities.

celebration or solemnization of the second marriage.

discovery of the second marriage by the offended spouse.

registration of the second marriage in the Local Civil Registry.
This court believes that since the penalty prescribed under Article 349 of the Revised Penal Code for the
offense of bigamy is prision mayor, which is classified as an afflictive penalty under Article 25 of the same
Code, then said offense should prescribe in fifteen (15) years as provided in Article 92 of the Code. The
complainant having discovered the first marriage of the accused to one Reynaldo Quiroca in 1974 when he was
informed of it by one Eugenia Balingit, the offense charged has already prescribed when the information was
filed in this case on November 15, 1991. The argument presented by the prosecution that it was difficult for
the complainant to obtain evidence of the alleged first marriage, hence, the prescriptive period should be
counted from the time the evidence was secured will not hold water. Article 91 of the Revised Penal Code
specifically provides, thus:
"The period of prescription shall commence to run from the day on which the crime is discovered . . ." (GARCIA
V. COURT OF APPEALS, G.R. No. 119063. January 27, 1997)
Todays question is on the subject Land Titles and Deeds...

There are two kinds of special patents, one of which is granted by special law and the other is

granted to occupants of residential public land actually occupied and use

granted to qualified Filipinos to be utilized by them for public use

granted to local government units for public land actually occupied and use

granted to qualified Filipinos by reason of their membership in an indigenous community
RA 10023, Free Patent Act
Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights,
if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and
other government institutions for public use or purpose may be issued special patents under the name of the
national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of
unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned
through an approved ordinance if owned by the LGU.

Todays question is on the subject Persons and Family Relations...

The court may not decree a legal separation unless it is satisfied that

the reconciliation of the parties is highly improbable

the reconciliation of the parties cannot solve their differences

the differences between the parties is irreconciliable

the interest of the State is protected
Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the
spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)
Todays question is on the subject Partnership and Agency...

[BAR 2011] The liability of the partners, including industrial partners for partnership contracts
entered into in its name and for its account, when all partnership assets have been exhausted is

Solidary.

Pro-rata.

Joint.

Voluntary.
Civil Code
Article 1816. All partners, including industrial ones, shall be liable pro rata with all their property and after all
the partnership assets have been exhausted, for the contracts which may be entered into in the name and for
the account of the partnership, under its signature and by a person authorized to act for the partnership.
However, any partner may enter into a separate obligation to perform a partnership contract. (n)
Todays question is on the subject Law on Public Officers...

Which of the following category of employees is not included in the Civil Service?

Casual

Career

Non-career

Regular
Chua vs. Civil Service G.R. No. 88979 February 7, 1992
Who are regular employees? The Labor Code in Art. 280 (P.D. No. 492, as amended) deems an employment
regular where the employee has been engaged to perform activities which are usually necessary or desirable in
the usual business or trade of the employer. No equivalent definition can be found in P.D.No. 807
(promulgated on 6 October 1975, which superseded the Civil Service Act of 1965 R.A. No. 2260) or in the
Administrative Code of 1987 (Executive Order No. 292 promulgated on 25 July 1987). The Early Retirement
Law itself (Rep. Act No. 6683) merely includes such class of employees (regular employees) in its coverage,
unmindful that no such specie is employed in the public sector.
CAN A FOREIGNER OWN LAND IN THE
PHILIPPINES?

In particular, can a foreign national apply for registration of title over
a parcel of land which he acquired by purchase while still a Filipino citizen?


Yes, provided the land is already a private land and no longer a part
of the public domain and subject to the limitations provided by law as to the
maximum area he can acquire. It is insignificant if the transferee was
already a foreign citizen at the time of his application for land registration.
What is essential is that he was formerly a natural-born Filipino citizen. This
was highlighted in one case where it was held as follows:

Even if private respondents were already Canadian citizens at the time they applied for
registration of the properties in question, said properties as discussed above were already private
lands; consequently, there could be no legal impediment for the registration thereof by respondents
in view of what the Constitution ordains. The parcels of land sought to be registered no longer form
part of the public domain. They are already private in character since private respondents'
predecessors-in-interest have been in open, continuous and exclusive possession and occupation
thereof under claim of ownership prior to June 12, 1945 or since 1937. The law provides that a
natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a
private land up to a maximum area of 1,000 sq.m., if urban, or one (1) hectare in case of rural land,
to be used by him as his residence (BP 185).

It is undisputed that private respondents, as vendees of a private land, were natural-born
citizens of the Philippines. For the purpose of transfer and/or acquisition of a parcel of
residential land, it is not significant whether private respondents are no longer Filipino
citizens at the time they purchased or registered the parcels of land in question. What is
important is that private respondents were formerly natural-born citizens of the Philippines,
and as transferees of a private land, they could apply for registration in accordance with the
mandate of Section 8, Article XII of the Constitution. Considering that private respondents were
able to prove the requisite period and character of possession of their predecessors-in-interest over
the subject lots, their application for registration of title must perforce be approved. (REPUBLIC OF
THE PHILIPPINES, vs. COURT OFAPPEALS, G.R. No. 108998, August 24, 1994)

B.P. 185 has been amended by R.A. 8179 which increased the
maximum area of private land a former natural-born Filipino may acquire to
5, 000 square meters in urban areas and 3 hectares in rural areas.
Moreover, the use of such land is no longer limited to residential purposes
but now also for business and other purposes.
Todays question is on the subject Social Legislation Laws...

The following employment is not covered by the Social Security Law:

Employment in branches of foreign corporation

Employment in financial institution

Employment in economic zones

Employment in the COMELEC
Social Security Law, as amended
SEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the context indicates
otherwise, have the following meanings: x x x
(j) Employment - Any service performed by an employee for his employer except:
(1) Employment purely casual and not for the purpose of occupation or business of the employer;
(2) Service performed on or in connection with an alien vessel by an employee if he is employed when such
vessel is outside the Philippines;
(3) Service performed in the employ of the Philippine Government or instrumentality or agency thereof;
(4) Service performed in the employ of a foreign government or international organization, or their wholly-
owned instrumentality: Provided, however, That this exemption notwithstanding, any foreign government,
international organization or their wholly-owned instrumentality employing workers in the Philippines or
employing Filipinos outside of the Philippines, may enter into an agreement with the Philippine Government for
the inclusion of such employees in the SSS except those already covered by their respective civil service
retirement systems: Provided, further, That the terms of such agreement shall conform with the provisions of
this Act on coverage and amount of payment of contributions and benefits: Provided, finally, That the
provisions of this Act shall be supplementary to any such agreement; and
(5) Such other services performed by temporary and other employees which may be excluded by regulation of
the Commission. Employees of bona fide independent contractors shall not be deemed employees of the
employer engaging the service of said contractors.

Todays question is on the subject Special Proceedings...

[BAR 2011] What is the right correlation between a criminal action and a petition for Writ of
Amparo both arising from the same set of facts?

When the criminal action is filed after the Amparo petition, the latter shall be dismissed.

No separate criminal action may be instituted after an Amparo petition is filed.

When the criminal action is filed after the Amparo petition, the latter shall be consolidated with the first.

The proceeding in an Amparo petition is criminal in nature.
Section 23, Writ of Amparo (A.M. No. 07-9-12-SC)
Section 23. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the writ,
the latter shall be consolidated with the criminal action.

Todays question is on the subject Property...

In order to be considered as an expense on the co-ownership, expenses for the improvement of a
co-owned property should be

approved by the majority of the co-owners

approved by all the co-owners

approved by 2/3 of the co-owners

made known to all co-owners
Civil Code
Article 489. Repairs for preservation may be made at the will of one of the co-owners, but he must, if
practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the
thing shall be decided upon by a majority as determined in article 492. (n)

Civil Code
Article 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the
majority of the co-owners shall be binding.
There shall be no majority unless the resolution is approved by the co-owners who represent the controlling
interest in the object of the co-ownership.
Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested
in the property owned in common, the court, at the instance of an interested party, shall order such measures
as it may deem proper, including the appointment of an administrator.
Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in
common, the preceding provision shall apply only to the part owned in common. (398)