Escolar Documentos
Profissional Documentos
Cultura Documentos
-I-
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%
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 -
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%
- IV -
State whether or not the following laws are constitutional. Explain briefly.
3. A law fixing the terms of local elective officials, other than barangay
officials, to 6 years. 2%
-V-
1. What is the function of the Senate Electoral Tribunal and the House of
Representatives Electoral Tribunal? 2.5%
- VI -
- VII -
a. Commission on Appointments
b. Ombudsman
e. Commission on Audit
- VIII -
- IX -
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-
-I-
- 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.
- 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-
- VI -
- VII -
- VIII -
a. voluntary recognition
b. certification election
c. consent election
Explain briefly how they differ from one another. 5%
- IX -
-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%
If the reason for the closure is due to old age of the brothers and sisters:
- XI -
2. Assuming the company admits all the strikers, can it later on dismiss
those employees who committed illegal acts?
- 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.
- XIII -
- XIV -
- XV -
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-
- II -
- III -
- 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.
-V-
a. from all kinds of taxes, i.e., income, VAT, customs duties, local
taxes and real property tax
- 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.
2. Can the BIR require the bookstores to deduct the amount of the
discount from their gross income? Explain. 2.5%
- VII -
- 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 -
-X-
2. Collector of Customs
3. Commissioner of Customs
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.
- 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 -
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.
1. If you were the judge, how will you resolve this issue? 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.
- 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.
- 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.
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.
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.
- VII -
- 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.
2. If Don failed to execute a will during his lifetime, as his lawyer, how will
you distribute his estate? Explain. 2.5%
- XI -
If you were the couple's counsel, what action will you take to protect the
interests of your clients? 5%
- XII -
- 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%
- 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."
Will the petition for change of name of Jesus delos Santos to Roberto delos
santos under Republic Act No.9048 prosper? Explain. 10%
- XV -
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%
c. Immorality or dishonesty
d. Illegal search
e. Malicious prosecution
a. Nagger
b. Gay or lesbian
d. Gambler
e. Alcoholic
MERCANTILE LAW
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- II -
- 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.
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 -
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.
- VI -
2. The Chief Justice also said that the judiciary must "safeguard the
liberty" and "nurture the prosperity" of our people.
- VII -
- 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.
- 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.
-X-
1. What acts or omissions are penalized under the Trust Receipts Law?
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.
- XII -
- 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.
- 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 -
- XVI -
CRIMINAL LAW
-I-
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%
- III -
1. What are the 3 ways of committing arbitrary detention? Explain each.
2.5%
- IV -
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-
- VI -
- 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.
2. Supposing that while the robbery was taking place, the culprits
stabbed a member of the crew while sleeping.
- VIII -
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.
- 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.
- XII -
- XIII -
- XIV -
What kind of damages may the trial court award to them and how
much? 5%
- XV -
- XVI -
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.
REMEDIAL LAW
-I-
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%
- III -
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 -
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 -
- 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%
-X-
- XI -
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.
2. If you were the judge, will you grant Tina's motion to declare Carlos in
default? 2.5%
- XIII -
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%
- XIV -
- 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 -
- XVII -
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.
-I-
- II -
- III -
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 -
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.
- 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 -
- VIII -
- IX -
-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.
- 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.
2. May Atty .Quintos and Susan increase the amount of the contingent fee
to 80%? 2.5%
- XII -
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
6. Malpractice
7. Appearance of a non-lawyer as an attorney for a litigant in a case
- XVI -
- XVII -
- XVIII -
Draft an Information charging Obet Buena with arson filed with the
Regional Trial Court. Branch 10, Manila. 10%