VII.

A. NO
Sec. 185, RA 8293. (l) Fair Use of a Copyrighted Work. The fair
use of a copyrighted work for criticism, comment, news reporting, teaching
including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright.

B. As the legal consultant of Department of Health. I will resolve the

matter by citing Sec 74 and 74.1, RA 8293 provides that Use of
Invention by Government. A Government agency or third person
authorized by the Government may exploit the invention even
without agreement of the patent owner where:
(A) the public interest, in particular, national security, nutrition,
health or the development of other sectors, as determined by
the appropriate agency of the government, so requires. Xxx

VIII.
A. NO

In Anti-Money Laundering Law refers to unlawful activity to any

act or omission or series of combination thereof involving or
having direct relation on to the xxx Qualified theft under Art310
of RPC xxx

B. NO

Under Anti-Money Laundering Law, the Anti-Money Laundering

Council as a general rule cannto examine a bank account without
an order from the court. Exceptions are when the money comes
from any of the following: Kidnapping, Violations of RA 9165,
Destructive Arson, Murder.

Furthermore, according to the Supreme Court, the filing of a case

fo a violation of Anti-Money Laundering is not a condition
precedent for the issuance of a bank inquirt order, so long as
there is probable cause.

IX.
 A.
In the case of a drawee's acceptance or payment of a bill on
which only an INDORSEMENT has been forged, the drawee can recover
the amount paid out by him. RATIONALE: The drawee makes no warranty
as to the genuineness of any indorsement.

B. In the case of Wong vs CA, By current banking practice, a check

becomes stale after more than six (6) months, or 180 days, and the
drawer is discharged from liability thereon to the extent of the loss
caused by the delay. Under Section 186 of the Negotiable Instruments
Law, "a check must be presented for payment within a reasonable time
after its issue or the drawer will be discharged from liability thereon to
the extent of the loss caused by the delay."

A stale check is valueless and, therefore, should not be paid. This is

because the nature and theory behind the use of a check points to its
immediate use and payability. However, failure to present for payment
within a reasonable time does not totally wipe out all liability. It will
result only to the discharge of the drawer only to the extent of the loss
caused by the delay.

X.
CONCURRING CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACT OF
THE COMMON CARRIER

1. WTC’s liabilities in favor of Aurelio is, to wit;

 Culpa contractual (breach of contract).

Only the carrier is primarily liable and not the driver, because there is
no privity between the driver and the passenger.
Basis: Art.1759, NCC.
No defense of due diligence in the selection and supervision of
employees.

 Culpa Aquiliana (quasi-delict)

The carrier and driver are solidarily liable as joint tortfeasors.
Basis: Art. 2180, NCC.
Defense of due diligence in the selection and supervision of employees
is available. Exception: maritime tort resulting in collision.

 Culpa criminal (criminal negligence)

The driver is primarily liable. The carrier is subsidiarily liable only if the
driver is convicted and declared insolvent.
Basis: Art. 100, RPC.
 Note: Aurelio is a passenger because a person who has entered into a
contract of carriage, express or implied, with the carrier. They are
entitled to extraordinary diligence from the common carrier.

2. WTC’s liabilities in favor of Jerome is, to wit;

 Culpa aquiliana (quasi-delict)

The carrier and driver are solidarily liable as joint tortfeasors.
Basis: Art. 2180, NCC.
Defense of due diligence in the selection and supervision of employees
is available. Exception: maritime tort resulting in collision.

 Culpa criminal (criminal negligence)

The driver is primarily liable. The carrier is subsidiarily liable only if the
driver is convicted and declared insolvent.
Basis: Art. 100, RPC.

Note: Art 1758. When a passenger is carried gratuitously, a stipulation

limiting the common carrier’s liability for negligence is valid, but not
for willful acts or gross negligence. The reduction of fare does not
justify any limitation of the common carrier’s liability.

3. WTC’s liability in favor of Florencio is civil liability. One who has

boarded by fraud, stealth, or deceit are not considered passengers,
and are entitled to ordinary diligence only.

XI.
(a) A conviction under the Trust Receipts Law shall bar a prosecution for
estafa under the Revised Penal Code. (2%)

False

Acts involving the violation of trust receipt agreements occurring after

29 January 1973 (date of enactment of P.D. 115) would make the
accused criminally liable for estafa under paragraph 1 (b), Article 315
of the Revised Penal Code (RPC) pursuant to the explicit provision in
Section 13 of P.D. 115 (Lee v. Rodil, 175 SCRA 100 [1989] and Sia v.
Court of Appeals, 166 SCRA 263 [1988).

(b) The term capital in relation to public utilities under Sec. 11, Art. XII
of the 1987 Constitution refers to the total outstanding capital stock
comprising both common and non-voting preferred shares. (2%)
False
The term “capital” in Sec. 11, Art XII of the 1987 Constitution refers
only to shares of stick entitled to vote in the election of directors, and
thus in the present case only to common shares, and not to the total
outstanding capital stock.

(c) Forgery is a real defense but may only be raised against a holder
not in due course. (2%)
False
CAN BE SET UP AGAINST ALL HOLDERS INCLUDING A HOLDER IN DUE
COURSE.

(d) News reports are not copyrightable. (2%)

False
Literary and artistic works, hereinafter referred to as "works", are
original intellectual creations in the literary and artistic domain
protected from the moment of their creation and shall include in
particular:
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers; xxx

(e) The law on life insurance prohibits double insurance. (2%)

False
There can be double insurance in life insurance but there can
never be overinsurance.

XII.
In a bareboat or demise charter, the ship owner leases to the
charterer the whole vessel, transferring to the latter the entire
command, possession and consequent control over the
vessel’s navigation, including the master and the crew, who
thereby become the charterer’s “servants” [Aquino (2011)].

In a demise or bare boat charter, the charterer is treated as owner pro

hac vice of the vessel, the charterer assuming in large measure the
customary rights and liabilities of the shipowner in relation to third
persons who have dealt with him or with the vessel. In such case, the
Master of the vessel is the agent of the charterer and not of the
shipowner. The charterer or owner pro hac vice, and not the general
owner of the vessel, is held liable for the expenses of the voyage
including the wages of the seamen ([G.R. No. 51910. August 10, 1989)