2006 BAR EXAMINATION QUESTIONS

POLITICAL 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 Constitution? 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 terrorism. Is the arrest legal? Explain.
2.5%

- II -

The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor"
of Manila an application for a permit to hold 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 journalists. However, the City Mayor denied their application on the
ground that a rally at the time and place applied for will block the traffic in
the San Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio,
which has been designated 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 police to arrest them. '- Are the
arrests without judicial warrants lawful? 2.5%

- III -

The President issued Proclamation No.1018 placing the Philippines under

Martial Law on the ground that a rebellion staged by lawless elements is
endangering the public safety .Pursuant to the Proclamation, suspected
rebels were arrested and detained and military tribunals were set up to try
them. Robert dela Cruz, a citizen, filed with the Supreme Court a petition
questioning 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-Chief, determines
whether the exigency has arisen requiring the exercise of his power to
declare Martial Law and that his 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 public 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 Law, but Congress did not
revoke the proclamation. What is the effect of the inaction of Congress
on the suit brought by Robert to the Supreme Court? 2.5%

- IV -

State 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? 2.5%

2. 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 -

Select 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 of a 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 of 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 for many years. The Judicial and Bar Council nominated her as
a candidate for the position of Associate Justice of the Supreme Court.
But her nomination is being contested by Atty .Juris Castillo, also an
aspirant to the position. She claims that Atty. Emily Go is not a natural-
born citizen, hence, not qualified to be appointed to the Supreme
Court. 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 father 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 proof of
his Philippine citizenship. Although he never complied with such
requirement, Atty. Chua practiced law for many years until one Noel
Eugenio filed with the Supreme Court a complaint for disbarment
against him on the ground 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. Will Atty. 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 latter is detaining American
diplomats in violation of International Law. Explain how the
 International Court of Justice 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%

LABOR 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 Regulations 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 -

Wonder Travel and Tours Agency (WTTA) is a well known travel agency and
an authorized sales agent of the Philippine Air Lines. Since majority of its
passengers are overseas workers, WTTA applied for a license for recruitment
and placement activities. It stated in i.ts application that its purpose is not
for profit but to help Filipinos find employment abroad.

Should the application be approved? 5%

- III -

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

- IV -
For humanitarian reasons, a bank hired several handicapped workers to
count and sort out currencies. Their employment contract was for six (6)
months. The bank terminated their employment on the ground that their
contract has expired prompting them to file with the Labor Arbiter a
complaint for illegal dismissal. Will their action prosper? 5%

-V-

Can an employer and an employee enter into an agreement reducing or

increasing the minimum percentage provided for night 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 -

Inday was employed by Herrera Home Improvements, Inc. (Herrera Home) as

interior decorator. During the first year of her employment, she did not report
for work for one month. Hence, her employer dismissed her from the service.
She filed with the Labor Arbiter a complaint for illegal dismissal alleging she
did not abandon her work and that in terminating her employment, Herrera
Home deprived her of her right to due process. She thus prayed that she be
reinstated to her position.

Inday hired you as her counsel. In preparing the position paper to be

submitted to the Labor Arbiter, explain the standards of due process which
should have been observed by Herrera Home in terminating your client's
employment. 5%

- VIII -

The modes of determining an exclusive bargaining agreement are:

a. voluntary recognition

b. certification election

c. consent election
Explain briefly how they differ from one another. 5%

- IX -

Armstrong Corporation, a foreign corporation, intends to engage in the

exploration of Philippine natural resources. Mr. Antonio Reyes offered the
forest land he owns to the president of the corporation. May Armstrong
Corporation enter into a financial and technical assistance agreement (FTAA)
with Mr. Reyes to explore, develop, and utilize the land? Explain. 5%

-X-

ABC Tomato Corporation, owned and managed by three (3) elderly brothers
and two (2) sisters, has been in business for 40 years. Due to serious
business losses and financial reverses during the last five (5) years, they
decided to close the business.

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%

If the 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 -

As a result of bargaining deadlock between ROSE Corporation and ROSE

Employees Union, its members staged a strike. During the strike, several
employees committed illegal acts. The company refused to give in to the
union's demands. Eventually, 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 acts?

3. If due to the prolonged strike, ROSE Corporation hired replacements,

can it refuse to admit the replaced strikers?

- XII -
During their probationary employment, eight (8) employees were berated
and insulted by their supervisor. In protest, they walked out. The supervisor
shouted at them to go home and never to report back to work. Later, the
personnel manager required them to explain why they should not be
dismissed from employment for abandonment and failure to qualify for the
positions applied for . They filed a complaint for illegal dismissal against their
employer.

As 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 -

Determine whether the following minors should be prohibited from being

hired and from performing their respective duties indicated 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 -

As a condition for her employment, Josephine signed an agreement with her

employer that she will not get married, otherwise, she will be considered
resigned or separated from the service.

Josephine got married. She asked Owen, the personnel manager, if the
company can reconsider the agreement. He told Josephine he can do
something about it, insinuating some sexual favors. She complained to
higher authorities but to no avail. She hires you as her counsel. What action
or actions will you take? Explain. 5%
TAXATION 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 -

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

- III -

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

- IV -

Royal Mining is a VAT -registered domestic mining entity. One of its products
is silver being sold to the Bangko Sentral ng Pilipinas. It filed a claim with the
BIR for tax refund on the ground that under Section 106 of the Tax Code,
sales of precious metals to the Bangko Sentral are considered export sales
subject to zero-rated VAT.

Is Royal Mining's claim meritorious? Explain. 5%

-V-

Vanishing 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

Choose the correct answer. Explain. 5%

1. The Constitution provides "charitable institutions, churches,

parsonages or convents appurtenant thereto, mosques, and non- profit
cemeteries and all lands, buildings, and improvements actually,
directly and exclusively used for religious, charitable or educational
purposes shall be exempt from taxation." This provision exempts
 charitable institutions 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 -

Congress enacts a law granting grade school and high school students a 10%
discount on all school-prescribed textbooks purchased 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 the 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 reimbursement of the discount from
the government on the ground that without such reimbursement, the
law constitutes taking of private property for public use without just
compensation? Explain. 5%

- VII -

Congress enacts a law imposing a 5% tax on the gross receipts of common

carriers. The law does not define the term "gross receipts". Express
Transport, Inc., a bus company plying the Manila- Baguio route, has time
deposits with ABC Bank. In 2005, Express Transport earned P1 Million
interest, after deducting the 20% final withholding tax from its time deposits
with the bank. The BIR wants to collect a 5% gross receipts tax on the
interest income of Express Transport without deducting the 20% final
withholding tax. Is the BIR correct? Explain. 5%

- VIII -
On June 1, 2003, Global Bank received a final notice of assessment from the
BIR for deficiency documentary stamp tax in the amount of P5 Million. On
June 30, 2003, Global Bank filed a request for reconsideration with the
Commissioner of Internal Revenue. The Commissioner denied the request for
reconsideration only on May 30, 2006, at the same time serving on Global
Bank a warrant of distraint to collect the deficiency tax. If you were its
counsel, what will be your advice to the bank? Explain. 5%

- IX -

The Commissioner of Internal Revenue issued an assessment for deficiency

income tax for taxable year 2000 last July 31, 2006 in the amount of P10
Million inclusive of surcharge and interests. If the delinquent taxpayer is your
client, what steps will you take? What is your defense? 10%

-X-

The Collector of Customs issued an assessment for unpaid customs duties

and taxes on the importation of your client in the amount of P980,000.00.
Where will you file your case to protect your client's right? Choose the
correct courts/agencies, observing 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 -

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

Mr. Abraham Eugenio, a pawnshop operator, after having been required by

the Revenue District Officer to pay value added tax pursuant to a Revenue
Memorandum Order (RMO) of the Commission.er of Internal Revenue, filed
with the Regional Trial Court an action questioning the validity of the RMO.

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

- XIII -

Gerry was being prosecuted by the BIR for failure to pay his income tax
liability for Calendar Year 1999 despite several demands by the BIR in 2002.
The Information was filed with the RTC only last June 2006. Gerry filed a
motion to quash the Information on the ground of prescription, the
Information having beer. filed beyond the 5-year reglementary period.

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

- XIV -

Gold and Silver Corporation gave extra 14th month bonus to all its officials
and employees in the total amount of P75 Million. When it filed its corporate
income tax return the following year, the corporation declared a net
operating loss. When the income tax return of the corporation was reviewed
by the BIR the following year, it disallowed as item of deduction the P75
Million bonus the corporation gave its officials and employees on the ground
of unreasonableness. The corporation claimed that the bonus is an ordinary
and necessary expense that should be allowed.

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

- XV -

Lily's Fashion, Inc. is a garment manufacturer located and registered as a

Subic Bay Freeport Enterprise under Republic Act No. 7227 and a non-VAT
taxpayer. As such, it is exempt from payment of all local and national internal
revenue taxes. During its operations, it purchased various supplies and
materials necessary in the conduct of its manufacturing business. The
suppliers of these goods shifted to Lily's Fashion, Inc. the 10% VAT on the
purchased items amounting to PS00,000.00. Lily's Fashion, Inc. filed with the
BIR a claim for refund for 'the input tax shifted to it by the suppliers.

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

Quezon City published on January 30, 2006 a list of delinquent real property
taxpayers in 2 newspapers of general circulation and posted this in the main
lobby of the City Hall. The notice requires all owners of real properties in the
list to pay the real property tax due within 30 days from the date of
publication, otherwise the properties listed shall be sold at public auction.

Joachin is one of those named in the list. He purchased a real property in

1996 but failed to register the document of sale with the Register of Deeds
and secure a new real property tax declaration in his name. He alleged that
the auction sale of his property is void for lack of due process considering
that the City Treasurer did not send him personal notice. For his part, the City
Treasurer maintains that the publication and posting of notice are sufficient
compliance with the requirements of the law.

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%

CIVIL LAW

-I-

Under Article 213 of the Family Code, no child under 7 years of age shall be
separated from the mother unless the court finds 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 her child under 7 years of
age. 2.5%

- II -

Saul, a married man, had an adulterous relation with Tessie. In one of the
trysts, Saul's wife, Cecile, caught them in flagrante. Armed with a gun, Cecile
shot Saul in a fit of extreme jealousy, nearly kiiling him. Four ( 4) years after
the incident, 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 -

Ed and Beth have been married for 20 years without children. Desirous to
have a baby, they consulted Dr. Jun Canlas, a prominent medical specialist
on human fertility .He advised Beth to undergo artificial insemination. It was
found that Ed's sperm count was inadequate to induce pregnancy. Hence, the
couple looked for a willing donor. Andy, the brother of Ed, readily consented
to donate his sperm. After a series of tests, Andy's sperm was medically
introduced into Beth's ovary .She became 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 -

Gigi and Ric, Catholics, got married when they were 18 years old. Their
marriage was solemnized on August 2, 1989 by Ric's uncle, a Baptist
Minister, in Calamba, Laguna. He overlooked the fact that his license to
solemnize marriage expired the month before and that the parties do not
belong to his congregation. After 5 years of married life and blessed with 2
children, the spouses developed irreconcilable differences, so they parted
ways.

While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a

local college and a seventh-Day Adventist. They decided to get married with
the consent of Juliet's parents. She presented to him a birth certificate
showing she is 18 years old. Ric never doubted her age much less the
authenticity of her birth certificate. They got married in a Catholic church in
Manila. 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 and assured her that
everything is in order. He did not divulge to her his prior marriage with
Gigi. What action, if any, can 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-

Spouses Biong and Linda wanted to sell' their house. They found a
prospective buyer, Ray. Linda negotiated with Ray for the sale of the
property. They agreed on a fair price of P2 Million. Ray sent Linda .a letter
confirming his intention to buy the property. Later, another couple, Bernie
and Elena, offered a similar house at a lower price of Pl.5 Million. But Ray
insisted on buying the house of Biong and Linda for sentimental reason. Ray
prepared a deed of sale to be signed by the couple and a manager's check
for P2 Million. After receiving the P2 Million, Biong signed the deed of sale.
However, Linda was not able to sign it because she was abroad. On her
return, she refused to sign the document saying she changed her mind.
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 -

Gemma filed a petition for the declaration of nullity of her marriage with
Arnell on the ground of psychological incapacity .She alleged that after 2
months of their marriage, Arnell showed signs of disinterest in her, neglected
her and went abroad. He returned to the Philippines after 3 years but did not
even get in touch with her. Worse, they met several times in social functions
but he snubbed her. When she got sick, he did not visit her even if he knew
of her confinement in the hospital. Meanwhile, Arnell met an accident which
disabled him from reporting for work and earning a living to support himself.

Will Gemma's suit prosper? Explain. 5%

- VII -

Marvin, a Filipino, and Shelley, an American, both residents of California,

decided to get married in their local parish. Two years after their marriage,
Shelley obtained a divorce in California. While in Boracay, Marvin met Manel,
a Filipina, who was vacationing there. Marvin fell in love with her. After a
brief, courtship and complying with all the requirements, they got married in
Hongkong to avoid publicity, it being Marvin's second marriage. Is his
marriage to Manel valid? Explain. 5%

- VIII -

Alberto and Janine migrated to the United States of America, leaving behind
their 4 children, one of whom is Manny. They own a duplex apartment and
allowed Manny to live In one of the units. While in the United States, Alberta
died. His widow and all his children executed an Extrajudicial Settlement of
Alberto's estate wherein the 2-door apartment was assigned by all the
children to their mother, Janine. Subsequently, she sold the property to
George. The latter required Manny to sign a prepared Lease Contract so that
he and his family could continue occupying the unit. Manny refused to sign
the contract alleging that his parents allowed him and his family to continue
occupying the premises.

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

- IX -

A drug lord and his family reside in a small bungalow where they sell shabu
and other prohibited drugs. When the police found the illegal trade, they
immediately demolished the house because according to them, it was a
nuisance per se that should be abated. Can this demolition be sustained?
Explain. 5%

-X-

Don died after executing a Last Will and Testament leaving his estate valued
at P12 Million to his common-Iaw wife Roshelle. 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 agree or not, 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. 2.5%

3. Assuming he died intestate survived by his brother Ronie, his half-

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

- XI -

Spouses Alfredo and Racquel were active members of a religious

congregation. They donated a parcel of land in favor to that congregation in
a duly notarized Deed of Donation, subject to the condition that the Minister
shall construct thereon a place of worship within 1 year from the acceptance
of the donation. In an affidavit he executed in behalf of the congregation, the
Minister accepted the donation. The Deed of Donation was not registered
with the Registry of Deeds.

However, instead of constructing a place of worship, the Minister constructed

a bungalow on the property he used as his residence. Disappointed with the
Minister, the spouses revoked the donation and demanded that he vacate
the premises immediately. But the Minister refused to leave, claiming that
aside from using the bungalow as his residence, he is also using it as a place
of worship on special occasions. Under the circumstances, can Alfredo and
Racquel evict the Minister and recover possession of the property?

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

- XII -

Tony bought a Ford Expedition from a car dealer in Muntinlupa City. As

payment, Tony issued a check drawn against his current account with
Premium Bank. Since he has a good reputation the car dealer allowed him to
immediately drive home the vehicle merely on his assurance that his check
is sufficiently funded. When the car dealer deposited the check, it was
dishonored on the ground of "Account Closed". After an investigation, it was
found that an employee of the bank misplaced Tony's account ledger. Thus,
the bank erroneously assumed that his account no longer exists. Later, it
turned out that Tony's account has more than sufficient funds to cover the
check. The dealer however, immediately filed an action for recovery of
possession of the vehicle against Tony for which he was terribly humiliated
and embarrassed. Does Tony have a cause of action against Premium Bank?
Explain. 5%

- XIII -

Arturo sold his Pajero to Benjamin for P1 Million. Benjamin took the vehicle
but did not register the sale with the Land Transportation Office. He allowed
his son Carlos, a minor who did not have a driver's license, to drive the car to
buy pan de sal in a bakery .On the way, Carlos, driving in a reckless manner,
sideswiped Dennis, then riding a bicycle. As a result, he suffered serious
physical injuries. Dennis filed a criminal complaint against Carlos for reckless
imprudence resulting in serious physical injuries.

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

2. Assuming Dennis' action is tenable, can Benjamin raise the defense he

is not liable because the vehicle is not registered in his name? Explain.
2.5%

- XIV -

Zirxthoussous delos Santos filed a petition for change of name with the
Office of the Civil Registrar of Mandaluyong City under the administrative
proceeding provided in Republic Act No.9048. He alleged that his first name
sounds ridiculous and is extremely difficult to spell and pronounce. After
complying with the requirements of the law, the Civil Registrar granted his
petition and changed his first name Zirxthoussous to "Jesus." His full name
now reads "Jesus delos santos."

Jesus delos santos moved to General santos City to work in a multi-national

company. There, he fell in love and married Mary Grace delos santos. She
requested him to have his first name changed because his new name "Jesus
delos santos" is the same as that of her father who abandoned her family
and became a notorious drug lord. She wanted to forget him. Hence, Jesus
filed another petition with the Office of the Local Civil Registrar to change his
first name to "Roberto." He claimed that the change is warranted because it
will eradicate all vestiges of the infamy of Mary Grace's father.

Will the petition for change of name of Jesus delos Santos to Roberto delos
santos under Republic Act No.9048 prosper? Explain. 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 middle name? 2.5%

- XVI -

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

MERCANTILE 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 this 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 -

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

- III -

Jun was about to leave for a business trip. As his usual practice, he signed
several blank checks. He instructed Ruth, his secretary, to fill them as
payment for his obligations. Ruth filled one check with her name as payee,
placed P30,000.00 thereon, endorsed and delivered it to Marie. She accepted
the check in good faith as payment for goods she delivered to Ruth.
Eventually, Ruth regretted what she did and apologized to Jun. Immediately
he directed the drawee bank to dishonor the 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 and delibvered it to Marie in payment
for the goods he purchased from her, is Jun liable to Marie if the check
is dishonored? 5%

- IV -

Rudy is jobless but is reputed to be a jueteng operator. He has never been

charged or convicted of any crime. He maintains several bank accounts and
has purchased 5 houses and lots for his children from the Luansing Realty I
Inc. Since he does not have any visible job, the company reported his
purchases to the Anti-Money Laundering Council (AMLC). Thereafter, AMLC
charged him with violation of the Anti-Money Laundering Law. Upon request
of the AMLC, the bank disclosed to it Rudy's bank deposits amounting to
P100 Million. Subsequently, he was charged in court for violation of the Anti-
Money Laundering 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 compelled to transfer 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 to deliver the titles to
Rudy? 2.5%

-V-

The Peninsula Insurance Company offered to insure Francis' brand new car
against all risks in the sum of P1 Million for 1 year. The policy was issued with
the premium fixed at P60,000.00 payable in 6 months. Francis only paid the
first two months installments. Despite demands, he failed to pay the
subsequent installments. Five months after the issuance of the policy, the
vehicle was carnapped. Francis filed with the insurance company a claim for
its value. However, the company denied his claim on the ground that he
failed to pay the premium resulting in the cancellation of the policy.

Can 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 the "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 people.

Explain this philosophy. Cite Decisions of the Supreme Court

implementing each of these twin beacons of the Chief 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 -

Pio is the president of Western Bank. His wife applied for a loan with the said
bank to finance an internet cafe. The loan officer told her that her application
will not be approved because the grant of loans to related interests of bank
directors, officers, and stockholders is prohibited by the General Banking
Law.

Explain whether the loan officer is correct. 5%

- IX -

The Blue Star Corporation filed with the Regional Trial Court a petition for
rehabilitation on the ground that it foresaw the impossibility of paying its
obligations as they fall due. Finding the petition sufficient in form and
substance, the court issued an Order appointing a rehabilitation receiver and
staying the enforcement of all claims against the corporation.

What 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 -

Under Republic Act No.1405 (The Bank Secrecy Law), bank deposits are
considered absolutely confidential and may not be examined, inquired or
looked into by any person, government official, bureau or office.

What are the exceptions? 5%

- XII -

1. Is the Securities and Exchange Commission the venue for actions

involving intra-corporate controversies? 2%

- XIII -

Supposing Albert Einstein were alive today and he filed with the Intellectual
Property Office (IPO) an application for patent for his theory of relativity
expressed in the formula E=mc2. The IPO disapproved Einstein's application
on the ground that his theory of relativity is not patentable.

Is the IPO's action correct? 5%

- XIV -
In a written legal opinion for a client on the difference between
apprenticeship and learnership, Liza quoted without permission a labor law
expert's comment appearing in his book entitled "Annotations on the Labor
Code."

Can the labor law expert hold Liza liable for infringement of copyright for
quoting a portion of his book without his permission? 5%

- XV -

A real estate mortgage may be foreclosed judicially or extrajudicially.

In what instance maya mortgagee extrajudicially foreclose a real estate

mortgage? 5%

- XVI -

Pursuant to a writ of execution issued by the Regional Trial Court in "Express

Bank v. Don Rubio," the sheriff levied and sold at public auction 8
photocopying machines of Don Rubio. Is the sheriff's sale covered by the
Bulk Sales Law? 5%

CRIMINAL LAW

-I-

Motive is essential in the determination of the commission of a crime and the

liabilities of the perpetrators.

What are the instances where proof of motive is not essential or required to
justify conviction of an accused? Give at least 3 instances. 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 being 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 covered 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 are supposed to know the crimes
or offenses ascribed to them as published in almost all newspapers for
the past several months.) 2.5%

4. General Lim and General Querubin of the Scout Rangers and Philippine
Marines, respectively, were charged with conduct unbecoming an
officer and a gentleman under the Articles of War . Can they apply for
amnesty? 2.5%

-V-

There are at least 7 instances or situations in criminal cases wherein the

accused, either as an adult or as a minor, can apply for 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, a CPA, 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 management 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 was
charged with malversation of public funds before the Sandiganbayan.
He filed a motion to dismiss contending he 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 the PDIC.

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 still 300 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. While the
ship was anchored, a motorboat manned by renegade Ybanags
from Claveria, Cagayan, passed by and took advantage of the
situation. They cut the ship's engines and took away several
heavy crates of electrical equipment and loaded them in their
motorboat. Then they left hurriedly towards Aparri. At daybreak,
the crew found that a robbery took place. They radioed the
Aparri Port Authorities resulting in the apprehension 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 sleeping.

What crime was committed? Explain. 2.5%

- VIII -

Commissioner Marian Torres of the Bureau of Internal Revenue (BIR)

wrote solicitation letters addressed to the Filipino-Chinese Chamber of
Commerce and Industry and to certain CEOs of various multinational
corporations requesting donations of gifts for her office Christmas
party. She used the Bureau's official stationery. The response was
prompt and overwhelming so much so that Commissioner Torres' office
was overcrowded with rice cookers, radio sets, freezers, electric stoves
and toasters. Her staff also received several envelopes containing cash
money for the 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 opportunity to engage in his
favorite pastime - voyeurism. If not using his high-powered binoculars
to peep at his neighbor's homes and domestic activities, his second
choice was to follow sweet young girls. One day, he trailed a teenage
girl up to the LRT station at EDSA-Buendia. While ascending the stairs,
he stayed one step behind her and in a moment of bravado, placed his
hand on her left hip and gently massaged it. She screamed and
shouted for help. Eduardo was 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 and miserliness. One afternoon,
they seized him and loaded him in a taxi driven by Mario. They told
Mario they will only 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
threatened them to kill Luke unless they give a ransom within 24
hours. Unknown to them, because of a leak, the kidnapping 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
seashore of Dagat-dagatan where they smashed his head with a shovel
and buried him in the sand. However, they were seen by a barangay
kagawad who arrested them and brought them to the police station.
Upon interrogation, they confessed and pointed to Jaime, Andy, Jimmy
and Mario as those responsible for the kidnapping. Later, the 4 were
arrested 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, who impregnated her. But
Ana did not inform him about her condition and, instead, went home to
Cebu to conceal her shame. However, her parents drove her away. So,
she returned to Manila and stayed with Oniok in his boarding house.
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 what happened, he prevailed
upon Ana to conceal her dishonor. Hence, they placed the infant in a
shoe box and threw it into a nearby creek. However, an inquisitive
neighbor saw them and with the help of others, retrieved the infant
who was already dead from drowning. The incident was reported to the
police who arrested Ana and Oniok. The 2 were charged with parricide
under Article 246 of the Revised Penal Code. After trial, they were
convicted of the crime charged.

Was the conviction correct? 5%

- XII -

Judge Rod Reyes was appointed by former President Fidel Ramos as

Deputy Ombudsman for the Visayas for a term of 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 against 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 wooed and pursued her. Dang,
being in love with another man, rejected him. This angered Job.
Sometime in September 2003, while Dang and her sister Lyn were on
their way home, Job and his minor friend Nonoy grabbed them and
pushed them inside a white van. They brought them in an abandoned
warehouse where they forced them to dance 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 Job and
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 award of 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="" style="font-size: 14px; text-decoration: none; color:

rgb(0, 0, 128); font-family: arial, verdana;">

What is that offense? Explain. 2.5%

During the preliminary investigation and up to the trial proper,

Rene and Dante contended that if they were to be held liable,
their liability should be limited only to the newly-cut logs found in
their possession but not to 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 No. PR 181, PNP Chief Inspector
Samuel Gamboa formed a group of anti-drug agents. When Ong arrived
at the airport, the group arrested him and seized his attach case.
Upon inspection inside the Immigration holding area, the attach case
yielded 5 plastic bags of heroin weighing 500 grams. Chief Inspector
Gamboa took the attach case and boarded him in an unmarked car
driven by PO3 Pepito Lorbes. On the way to Camp Crame and upon
nearing White Plains corner Edsa, Chief Inspector Gamboa ordered PO3
Lorbes to stop the car. They brought out the drugs from the case in the
trunk and got 3 plastic sacks of heroin. They then told Ong to alight
from the car. Ong left with the 2 remaining plastic sacks of heroin.
Chief Inspector Gamboa advised him to keep silent and go home which
the latter did. Unknown to them, an NBI team of agents had been
following them and witnessed the transaction. They arrested Chief
Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team
followed Ong and likewise arrested him. 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 money from her compadre Mang Juan with the assurance
to pay him within 2 months. Two months lapsed but Aling Maria failed
to settle her obligation. Mang Juan told Aling Maria that she does not
have to pay the loan if she will allow her 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 he commit a crime? 2.5%

REMEDIAL 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 -

What court has jurisdiction over an action for specific performance filed by a
subdivision homeowner against a subdivision developer? 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. For lack of a certification against
forum shopping, the judge dismissed the complaint. Honey's lawyer
filed a motion for reconsideration, attaching thereto an amended
complaint with the certification against forum shopping. If you were the
judge, how will you resolve the motion? 5%

- IV -

Jojie filed with the Regional Trial Court of Laguna a complaint for damages
against Joe. During the pre-trial, Jojie and her counsel failed to appear
despite notice to both of them. Upon oral motion of Jojie, Joe was declared as
in default and Jojie was allowed to present her evidence ex palte. Thereafter,
the court rendered its Decision in favor of Jojie.

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

-V-

May Congress enact a law providing that a 5,000 square meter lot, apart of
the UST compound in Sampaloc, Manila, be expropriated for the construction
of a park in honor of former City Mayor Arsenio Lacson? As compensation to
UST, the City of Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna
originally intended as a residential subdivision for the Manila City Hall
employees. Explain. 5%

- VI -

Explain 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 -

Mark filed with the Bureau of Internal Revenue a complaint for refund of
taxes paid, but it was not acted upon. So, he filed a similar complaint with
the Court of Tax Appeals raffled to one of its Divisions. Mark's complaint was
dismissed. Thus, he filed with the Court of Appeals a petition for certiorari
under Rule 65.

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

- VIII -

Does the Court of Appeals have jurisdiction to review the Decisions in

criminal and administrative cases of the Ombudsman? 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 -

Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a
complaint for sum of money amounting to P1 Million against Carlos Corro.
The complaint alleges, among others, that Carlos borrowed from Tina the
said amount as evidenced by a promissory note signed by Carlos and his
wife, jointly and severally. Carlos was served with summons which was
received by Linda, his secretary .However, Carlos failed to file an answer to
the complaint within the 15-day reglementary period. Hence, Tina filed with
the court a motion to declare Carlos in default and to allow her to present
evidence ex parte. Five days thereafter, Carlos filed his verified answer to the
complaint, denying under oath the genuineness and due execution of the
promissory note; and contending that he has fully paid his loan with interest
at 12% per 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 -

Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala

Alabang Village, Muntinlupa City , of sound and disposing mind, executed a
last will and testament in English, a language spoken and written by him
proficiently. He disposed of his estate consisting of a parcel of land in Makati
City and cash deposit at the City Bank in the , sum of P300 Million. He
bequeathed P50 Million each to his 3 sons and P150 Million to his wife. He
devised apiece of land worth P100 Million to Susan, his favorite daughter-in-
Iaw. He named his best friend, Cancio Vidal, as executor of the will without
bond

1. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the
proper court a petition for probate of the 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 copy in her 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 last will and testament by the
proper court? 2%

- XIV -

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

- XV -

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

For unknown reasons, the house of Leticia's sister was burned, killing the
latter. Leticia survived. She saw her husband in the vicinity during the
incident. Later, he was charged with arson in an Information filed with the
Regional Trial Court, Pasig City.

During the trial, the prosecutor called Leticia to the witness stand and
offered her testimony to prove that her husband committed arson.

Can 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. What procedure will you
take? Explain. 2.5%

- XVII -

In 1996, Congress passed Republic Act No.8189, otherwise known as the

Voters' Registration Act of 1996, providing for computerization of elections.
Pursuant thereto, the COMELEC approved the Voters' Registration and
Identification System (VRIS) Project. It issued invitations to pre-qualify and
bid for the project. After the public bidding, Fotokina was declared the
winning bidder with a bid of P6 Billion and was issued a Notice of Award. But
COMELEC Chairman Gener Go objected to the award on the ground that
under the Appropriations Act, the budget for the COMELEC's modernization is
only P1 Billion. He announced to the public that the VRIS project has been set
aside. Two Commissioners sided with Chairman Go, but the majority voted to
uphold the contract.

Meanwhile, Fotokina filed with the RTC a petition for mandamus to compel
the COMELEC to implement the contract. The Office of the Solicitor General
(OSG), representing Chairman Go, opposed the petition on the ground
that mandamus does not lie to enforce contractual obligations. During the
proceedings, the majority Commissioners filed a manifestation that Chairman
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 the majority? 5%.

2. Is a petition for mandamus an appropriate remedy to enforce

contractual obligations? 5%

LEGAL 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 asked the Municipal Circuit Trial
Court Judge of his town if he can be appointed counsel de oficio for
Tony, a childhood friend who is accused of theft. The judge refused
because Atty. Fernandez's name appears in the Supreme Court's 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-

Myrna, petitioner in case for custody of children against her husband, sought
advice from Atty. Mendoza whom she met at a party. She informed Atty.
Fernandez that her lawyer, Atty. Khan, has been charging her exorbitant
appearance fees when all he does move for postponements which have
unduly delayed the proceedings; and that recently, she learned that Atty.
Khan approached her husband asking for a huge amount in exchange for the
withdrawal of her Motion for issuance of Hold Departure 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 a reasonable attorney's
fees? 5%

2. What should Atty. Mendoza do about the information relayed to him by

Myrna that Atty. Khan approached her husband with an indecent
proposal? 5%

- VI -

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

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

Provincial Prosecutor Bonifacio refused to represent the Municipality of San

Vicente in a case for collection of taxes. He explained that he cannot handle
the case with sincerity and industry because he does not believe in the
position taken by the municipality.

Can Prosecutor Bonifacio be sanctioned administratively? 5%

- VIII -

Prosecutor Coronel entered his appearance on behalf of the State before a

Family Court in a case for declaration of nullity of marriage, but he failed to
appear in all the subsequent proceedings. When required by the Department
of Justice to explain, he argued that the parties in the case were ably
represented by their respective counsels and that his time would be better
employed in more substantial prosecutorial functions, such as investigations,
inquests and appearances in court hearings.

Is Atty .Coronel's explanation tenable? 5%

- IX -

Atty .Marie consulted Atty .Hernandez whether she can successfully

prosecute her case for declaration of nullity of marriage she intends to file
against her husband. Atty. Hernandez advised her in writing that the case will
not prosper for the reasons stated therein. Atty .Marie, however, decided to
file the case and engaged the services of another lawyer, Atty .Pe. Her
husband, Noel, having learned about the opinion of Atty .Hernandez, hired
him as his lawyer .

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

-X-

In the course of a drinking spree with Atty. Holgado who has always been his
counsel in business deals, Simon bragged about his recent sexual adventures
with socialites known for their expensive tastes. When Atty. Holgado asked
Simon how he manages to finance his escapades, the latter answered that
he has been using the bank deposits of rich clients of Banco Filipino where he
works as manager.

Is Simon's revelation to Atty. Holgado covered by the attorney-client

privilege? 5%

- XI -
The contract of attorney's fees entered into by Atty .Quintos and his client,
Susan, stipulates that if a judgment is rendered in her favor, he gets 60% of
the property recovered as contingent fee. In turn, he will assume payment of
all expenses of the litigation.

1. Is the agreement valid? 2.5%

2. May Atty .Quintos and Susan increase the amount of the contingent fee
to 80%? 2.5%

- XII -

1. What is "assumpsit" and when is it proper? 2%

2. Give 4 instances when a client may validly refuse to pay his lawyer the
full amount of attorney's fees stipulated in their written contract. 4%

- XIII -

Give 4 instances when a client may validly refuse to pay his lawyer the full
amount of attorney's fees stipulated in their written contract. 4%

- XIV -

Atty. Perez was admitted as a member of the New York Bar. While in
Manhattan, he was convicted of estafa and was disbarred.

Does his disbarment in New York a ground for his automatic disbarment in
the Philippines? 2.5%

- XV -

Which of the following acts does not constitute a ground for disbarment?
Explain. 2.5%

1. Gross misconduct

2. Fraudulent misrepresentation

3. Grossly immoral conduct

4. Violation of the Lawyer's Oath

5. Willful disobedience to a lawful order of the Supreme Court

6. Malpractice
7. Appearance of a non-lawyer as an attorney for a litigant in a case

- XVI -

Draft an Affidafit of Desistance in a criminal case for acts of

lasciviosness. (Exclude the jurat)

- XVII -

Draft an affidafit of Self-Adjucation of the estate of a deceased person.

(Exclude the jurat)

- XVIII -

Draft an Information charging Obet Buena with arson filed with the
Regional Trial Court. Branch 10, Manila. 10%