2019 Bar Examinations

2019 BAR EXAMINATIONS
CIVIL LAW
November 10, 2019 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains TEN (10) pages including this page. Check the number of pages and
their proper sequencing. You may write notes on this Questionnaire.
2. This Questionnaire is divided into two (2) parts: Part I and Part II. Write your answers to the
questions in Part I (consisting of problem sets labelled A.1. to A.10.) in Booklet I and the answers
to the questions in Part II (consisting of problem sets labelled B.11. to B.20.) in Booklet II. Answers
written in the wrong booklet shall not be given any credit.
3. Read each question carefully and note the points allocated for each question. In your answers,
follow the sequence and the numbering system used in the Questionnaire. Answer each numbered
question on a separate page; an answer to a sub-question under the same number set may be
written continuously on the same page and succeeding pages until completed.
4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at sound and logical conclusions. Always support your answers with the
pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any corresponding
explanation or discussion may not be given full credit.
5. Marking of your booklets with your name or other identifying signs or symbols extraneous to the
subject matter of the questions may be considered as cheating, and may disqualify you for the whole
examinations.
YOU CAN BRING HOME THE QUESTIONNAIRE.
JUSTICE ESTELA M. PERLAS-BERNABE

Chairperson
2019 Bar Examinations
PART I
Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All answers to
these questions should be written in Booklet I.
A.1.
In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was crossing a
street when she was suddenly hit by a car being recklessly driven by Mr. X. As a result, Mrs. A
sustained serious injuries and further, suffered an unintentional abortion. Mrs. A was hospitalized for
two (2) months, during which she incurred ₱400,000.00 in medical fees. Her expenses were all duly
substantiated by official receipts. During the two (2)-month period of her confinement, she was
unable to report for work and earn any salary, which was established at the rate of ₱50,000.00 per
month. Mrs. A then filed a civil case for damages against Mr. X.
(a) Based on the case filed by Mrs. A, what is the source of Mr. X's obligation to her as
a result of his acts? Explain. (2%)
(b) May Mrs. A claim actual damages from Mr. X? If so, how much can Mrs. A claim?
Explain. (2%)
(c) May Mrs. A claim damages on behalf of her unborn baby? Explain. (3%)
(d) What must Mrs. A prove if she wants to recover moral damages from Mr. X? (2%)
A.2.
Hand W were married in 1990. H, being a member of the Armed Forces of the Philippines (AFP),
was deployed to a rebel-infested area in 1992. Since then, W has not heard from her husband, H.
One day, the AFP informed W that H had been declared missing since 1995. In consequence, W
diligently pursued all available means to ascertain her husband's whereabouts, but to no avail.
Firmly believing that H had already died, W filed a claim before the AFP in 2008 for the death
benefits of the missing serviceman. However, the AFP, despite being cognizant of H's status, would
not act on the claim, contending that H could not be presumed dead unless a judicial declaration to
this effect is issued by the proper court.
In what instance/s is a judicial declaration of presumptive death necessary? In this

case, is the contention of the AFP correct? Explain. (3%)
A.3.
Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their marriage, Mr. Reyes
cohabited with another woman, Ms. Cruz. Out of Mr. Reyes and Ms. Cruz's illicit relationship, a child
named C was born. In C's birth certificate, "Cruz" appears as the child's surname, although Mr.
Reyes expressly acknowledged C as his child.
In 2018, Mr. Reyes and Ms. Cruz ended their relationship. Mr. Reyes thereafter lodged a petition in
court for parental custody and change or correction of C's surname in the child's birth certificate from
"Cruz" to "Reyes." At that time, C was only ten (10) years old.
(a) Should Mr. Reyes be granted custody of C? Explain. (2.5%)
(b) Can Mr. Reyes validly compel the change or correction of C's surname from "Cruz"
to "Reyes"? Explain. (2.5%)
A.4.
F, a Filipina, married J, a Japanese, in the Philippines. After three (3) years, they had a falling out
and thus, separated. Soon after, F initiated a divorce petition in Japan which was not opposed by J
because under Japanese law, a grant of divorce will capacitate him to remarry. F's divorce petition
was then granted by the Japanese court with finality.
May the legal effects of the divorce decree be recognized in the Philippines, and
consequently, capacitate F to remarry here? Explain. (3%)
A.5.
X and Y were in a live-in relationship for the longest time, and were already blessed with a child, Z.
They finally decided to get married on March 15, 2020. When X's parents found about the news,
they were thrilled and thus, donated in favor of Z, the family heirloom, particularly, a gold ring valued
at ₱250,000.00, which X and Y orally accepted on behalf of their minor child. One day, X and Y got
into a serious quarrel, which resulted in them setting aside their marriage plans.
(a) Is the donation to Z valid? Explain. (3%)
(b) Assuming that the donation to Z is valid, may X's parents revoke the donation on
the ground that the marriage of X with Y did not push through? Explain. (3%)
A.6.
Name at least two (2) exclusions from the following property regimes as enumerated under
the Family Code:
(a) Absolute community of property (2%)
(b) Conjugal partnership of gains (2%)
A.7.
Believing that he owned a certain parcel of land and completely unaware of any defect in his title
thereto, Mr. A started to build a house thereon. When Mr. P, the real owner of the land learned of Mr.
A's actions, Mr. P immediately demanded Mr. A to leave the premises. However, Mr. A refused to
leave, and instead, asserted that as a builder in good faith, Mr. P is obliged to sell the land to him.
(a) Is the claim of Mr. A correct? Explain. (3%)
(b) Assuming that Mr. P all the while, knew but did not object to Mr. A's construction
of the house on his property, may Mr. A compel Mr. P to purchase the said
improvement due to Mr. P's bad faith? Explain. (3%)
A.8.
Mr. E leased a piece of land from Mr. F to be used for his sawmill business for a period of ten (10)
years. Consequently, Mr. E placed heavy machineries thereon to be used for his aforementioned
business, with the intention of removing them after the expiration of the lease period.
Are Mr. E's heavy machineries considered real properties under the Civil Code?
Explain. (3%)
A.9.
Ms. U is a usufructuary of a piece of land owned by Mr. L. During the existence of the usufruct, Ms.
U introduced various useful improvements on the land. Upon termination of the usufruct, Mr. L
requested Ms. U to remove the said improvements, but Ms. U refused, demanding instead that Mr. L
reimburse her the value of the same.
(a) What is a usufruct? (2%)
(b) Is Ms. U's demand proper? Explain. (3%)
A.10.
Village Hand Village L are adjoining residential villages in a mountainous portion of Antipolo City,
Rizal, with Village L being lower in elevation than Village H. In an effort to beautify Village H, its
developer, X, Inc., constructed a clubhouse which included an Olympic-sized swimming pool and an
artificial lagoon on a portion of land overlooking Village L.
During the monsoon season, the continuous heavy rains caused Village H's swimming pool and
artificial lagoon to overflow, resulting into a massive spillover that damaged various properties in
Village L. Aggrieved, the homeowners of Village L filed a complaint for damages against X, Inc. In
defense, X, Inc. contended that pursuant to the Civil Code, Village L, as the lower estate, was
obliged to receive the waters descending from Village H, the higher estate. Hence, it cannot be held
liable for damages.
Is X, Inc.'s position tenable? Explain. (3%)
- END OF PART I -
Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II and the
answers therefor should be written in Booklet II.
PART II
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to B.20. All answers to
these questions should be written in Booklet II.
B.11.
Mr. R is the registered owner of a parcel of land located in Cebu City covered by Transfer Certificate
of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the lot, Mr. R and his family had been
in continuous, open, and peaceful possession thereof. Mr. R died in 1980, resulting in the land being
transferred in the names of his heirs, i.e., A, B, and C, who became registered owners thereof as per
TCT No. 5678. During the entire time, said land had never been encumbered or disposed, and that
its possession always remained with them.
Sometime in 1999, A, B, and C wanted to build a concrete fence around the parcel of land, but they
were opposed by Mrs. X, who started claiming ownership over the same property on the strength of
a Deed of Absolute Sale purportedly entered into by her with Mr. R during the time that he was still
alive. Aggrieved, A, B, and C intend to file a complaint for quieting of title against Mrs. X.
(a) What are the substantive requisites for the action to prosper? Do they obtain in
this case? Explain. (3%)
(b) Within what period should A, B, and C tile the complaint for quieting of title?
Explain. (2%)
(c) Assuming that Band Care residing abroad, may A, without the knowledge of B and
C, file the complaint for quieting of title on behalf of all the heirs? Explain. (2%)
B.12.
D, an Overseas Filipino Worker, was on his way home to the Philippines after working for so many
years in the Middle East. He had saved ₱100,000.00 in his local savings account which he intended
to use to start up a business in his home country. On his flight home, tragedy struck as a suicide
bomber blew up the plane. All the passengers, including D, died. He left behind his widowed mother
M; his common-law wife, W, who is the mother of his twin sons, T and S; and his brother, B. He left
no will, no debts, no other relatives, and no other properties except the money in his savings
account.
Who are the heirs entitled to inherit from D and how much should each receive?
Explain. (5%)
B.13.
M, single, named his sister N in his will, as a devisee over a certain parcel of land that he owned,
with the obligation of preserving the land and transferring it, upon N's death, to her illegitimate
daughter 0, who was then only a year old.
Is the condition imposed on N to preserve the land and to transmit it upon her death
to O a valid case of fideicommissary substitution? Explain. (3%)
B.14.
Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely
written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently,
made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground
that the latter once filed a civil case against him in order to collect a particular sum of money he
previously owed Z.
(a) Was the disinheritance of Z proper? Explain. (3%)
(b) Assuming that the disinheritance of Z was improper, how will it affect the
institution of heirs and testamentary dispositions made in H's will? Explain. (3%)
B.15.
Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q accepted on the
condition that their agreement will not take effect until after one (1) year. Mr. P then acceded and
both of them shook hands. Excited about the prospect of acquiring Mr. P's shares, Ms. Q
approached the former and offered to pay him an earnest money equivalent to 1 % of the purchase
price, which Mr. P accepted. After one (1) year, Ms. Q approached Mr. P seeking the enforcement of
their agreement for Mr. P to sell his shares to her. Mr. P refused to honor their agreement, claiming
that the same was covered by the Statute of Frauds because it was not reduced into writing and
hence, unenforceable.
Is the position of Mr. P correct? Explain. (3%)
B.16.
C Corp. entered into a contract with D, Inc. for the construction of the latter's production warehouse.
In consideration thereof, D, Inc. was obliged to pay C Corp. the amount of ₱50,000,000.00 within a
period of one (1) month from the time of the project's completion. To secure the payment of the said
sum, D, Inc. entered into a surety agreement with S Company.
After more than a month from the completion date of the project, C Corp. remained unpaid. Claiming
that it was suffering from serious financial reverses, D, Inc. asked C Corp. for an extension of three
(3) months to pay the ₱50,000,000.00 it still owed, to which C Corp. agreed. However, after more
than three (3) months, D, Inc. still refused to pay. Hence, C Corp. proceeded to collect the above
sum from the surety, S Company.
For its part, S Company refused the claim and raised the defense that the extension of time granted
by C Corp. to D, Inc. without its consent released it from liability.
(a) Will the defense of S Company against the claim bold water? Explain. (3%)
(b) Assuming that S Company instead refused the claim on the ground that C Corp.
has yet to exhaust D, Inc.'s property to satisfy the claim before proceeding against it,
will this defense prosper? Explain. (2%)
B.17.
In 2015, O, the original registered owner of a 300-square meter property covered by Original
Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after, while O was abroad,
F surreptitiously broke open O's safe and stole the duplicate copy of the said OCT. F then forged a
Deed of Absolute Sale and made it appear that O sold the property to him. Consequently, F was
able to have OCT No. 0-1234 cancelled and in lieu thereof, a new title, Transfer Certificate of Title
(TCT) No. T-4321, was issued in his name.
A few months after, F offered the property for sale to X. After conducting the required due diligence
to verify the title of F, and finding no occupant in the property during ocular inspection, X signed the
contract of sale, and thereupon, fully paid the purchase price. A few days later, X was able to obtain
TCT No. T-5678 under his name.
When O discovered F's fraudulent acts upon his return in 2017, O immediately filed a complaint for
reconveyance against F and X, principally pointing out that F merely forged his signature in the Deed
of Absolute Sale purportedly made in F's favor and thus, F could not have validly transferred the title
thereof to X. Consequently, he sought the return of the subject property to him.
(a) Will the prayer of O for the return of the subject property prosper? Explain. (3%)
(b) Assuming that O could no longer recover the subject property in view of X's
registration thereof in his name, may a claim against the Assurance Fund pursuant to
the provisions of the Property Registration Decree be instituted? Explain. (3%)
B.18.
In light of a new business venture, Mr. A entered into a lease contract with Mr. B involving one of the
latter's warehouses. One day, Mr. B, who was then encountering financial difficulties, approached
Mr. A and sought for a loan, which Mr. A readily granted to him. In order to secure the loan
obligation, Mr. B mortgaged the leased warehouse in favor of Mr. A. In addition, Mr. B executed a
promissory note in favor of A, wherein prior demand was waived by him.
When Mr. B defaulted on his loan obligation, Mr. A simply stopped paying rentals due to Mr. B on the
ground that legal compensation had already set in up to the concurrent amount. Furthermore, since
there was still a balance due on the promissory note, Mr. A foreclosed the real estate mortgage over
Mr. B's property, without any prior demand furnished to Mr. B.
Aggrieved, Mr. B opposed the foreclosure due to the lack of prior demand, contending that the
waiver of prior demand was stipulated in the promissory note and not in the mortgage instrument.
Mr. B likewise argued that when Mr. A invoked legal compensation between the unpaid rentals and
the loan arrearages, it amounted to a novation that resulted in the extinguishment of the loan
contract between them. As such, the real estate mortgage, being a mere accessory contract to the
principal loan, was necessarily extinguished.
(a) May Mr. A validly claim legal compensation? Explain. (2%)
(b) May Mr. A validly foreclose on the real estate mortgage even without prior demand
to Mr. B? Explain. (2%)
(c) Is Mr. B's claim of novation correct? Explain. (2%)
B.19.
Mr. A entered into a lease contract covering one of his commercial buildings with XYZ Company, a
partnership composed of X, Y, and Z, as lessee, for use as an office space. Upon failure to receive
the rental payments when they fell due, Mr. A immediately sought payment of the same from X, Y,
and Z, asserting that the individual partners are solidarily liable together with the partnership for its
debts.
X, Y, and Z disagreed with Mr. A's contention, arguing further that in any event, rentals should not be
paid up until Mr. A makes the necessary arrangements for the repair of the defective electrical
wirings in the office that caused power outages and hence, made it difficult, if not impossible, for
them to conduct their usual business operations.
Rule on the parties' respective arguments. (5%)
B.20.
Distinguish the following:
(a) Contract of sale and contract to sell (2%)
(b) Interruption and tolling of prescription of actions (2%)
- END OF PART II -
Nothing follows
MERCANTILE LAW
November 17, 2019 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
examinations.

Chairperson
PART I
A.1.
Define the following terms:

(a) Trust fund doctrine (2%)
(b) Unfair competition (2%)
(c) Insurable interest in property (2%)
(d) Splitting of deposits (2%)
A.2.
In May 2018, ABC Corp. entered into a merchandising contract which terms and conditions were
totally lopsided in favor of the counterparty, XYZ, Inc. As a result, ABC Corp. suffered tremendous
financial losses.
A year after, or in May 2019, Mr. X became a stockholder of ABC Corp. Learning about the
circumstances surrounding the merchandising contract, Mr. X filed a derivative suit against ABC
Corp. 's directors to claim damages on behalf of ABC Corp. due to their mismanagement.
(a) What is a derivative suit? (2%)
(b) Was Mr. X's filing of a derivative suit proper? Explain. (3%)
A.3.
In June 2018, DEF Corp. sent notices to its stockholders informing them of the corporation's
issuance of new shares of stock. The notice included a reminder that, pursuant to DEF Corp.' s
Articles of Incorporation, any stockholder who fails to exercise his or her pre-emptive right within
three (3) weeks from receipt of notice would be considered to have waived the same.
Ms. Z, a stockholder of DEF Corp., failed to exercise her pre-emptive right within the said period.
However, she claimed that she did not validly waive her right to do so because a waiver must be
expressed in writing.
(a) Explain the concept of pre-emptive right under the Corporation Code. (2 %)
(b) Is Ms. Z's contention correct? Explain. (3%)
A.4.
In 2016, X Corp. obtained a loan worth ₱50,000,000.00 from J Bank, which was secured by a third-
party mortgage executed by Y, Inc. in favor of X Corp. Since X Corp. was not able to settle its loan
obligation to J Bank when it fell due, and despite numerous demands, J Bank foreclosed the
mortgaged properties. The properties were sold in a foreclosure sale for ₱35,000,000.00, thereby
leaving a ₱15,000,000.00 deficiency. For failure of X Corp. to pay said deficiency, J Bank filed a
complaint for sum of money against X Corp., its President, Mr. P, and Y, Inc.
With respect to Mr. P, J Bank argued that he should be held solidarily liable together with X Corp.
because he signed the loan document on behalf of X Corp. in his capacity as President. On the
other hand, J Bank contended that Y, Inc. should also be held solidarily liable because the
shareholdings of both corporations are identically owned and their operations are controlled by the
same people; hence, Y, Inc. is a mere alter ego of X Corp.
(a) Should Mr. P be held liable? Explain. (2.5%)
(b) Should Y, Inc. be held liable? Explain. (2.5%)
A.5.
Mr. Y filed a case captioned as "Injunction with Prayer for Status Quo Order, Temporary Restraining
Order and Damages" against Z Company to prohibit the latter from selling shares which Mr. Y
purportedly bought from Z Company. Mr. Y alleged that the subscription for the said shares was
already partly paid by him, but the subject shares were nonetheless being offered for sale by Z
Company to the corporation's other stockholders.
(a) Is the case filed by Mr. Y against Z Company considered an intra-corporate

dispute? Explain. (2.5%)
(b) Assuming that it was Z Company which instead filed a case against Mr. Y in order
to collect the unpaid balance of his stock subscriptions, is the case considered an
intra-corporate dispute? Explain. (2.5%)
A.6.
In January 2016, Mr. H was issued a life insurance policy by XYZ Insurance Co., wherein his wife,
Mrs. W, was designated as the sole beneficiary. Unbeknownst to XYZ Insurance Co., however, Mr.
H had been previously diagnosed with colon cancer, the fact of which Mr. H had concealed during
the entire time his insurance policy was being processed.
In January 2019, Mr. H unfortunately committed suicide. Due to her husband's death, Mrs. W, as
beneficiary, filed a claim with XYZ Insurance Co. to recover the proceeds of the late Mr. H's life
insurance policy. However, XYZ Insurance Co. resisted the claim, contending that: 1. the policy is
void ab initio because Mr. H fraudulently concealed or misrepresented his medical condition, i.e., his
colon cancer; and 2. as an insurer in a life insurance policy, it cannot be held liable in case of
suicide. Rule on each of XYZ Insurance Co.'s contentions. (5%)
Rule on each of XYZ Insurance Co.'s contentions. (5%)
A.7.
Ms. J offered to sell her car to Ms. K, an interested buyer. Consequently, Ms. J emailed Ms. K a
copy of the proposed Deed of Sale covering the same. After agreeing to its terms, Ms. K printed and
then signed the emailed copy of the Deed of Sale. She then faxed it to Ms. J who signed the faxed
copy.
Is the copy of the Deed of Sale faxed by Ms. K to Ms. J considered an electronic
document under the Electronic Commerce Act? Explain. (2%)
A.8.
KLM Printers, Inc. operated a small outlet located at the ground floor of a university building in
Quezon City. It possessed soft copies of certain textbooks on file, and would print "book-alikes" of
these textbooks (or in other words, reproduced the entire textbooks) upon order and for a fee. It
would even display samples of such "book-alikes" in its stall for sale to the public.
Upon learning of KLM Printers, Inc.'s activities, the authors of the textbooks filed a suit against it for
copyright infringement. In its defense, KLM Printers, Inc. invoked the doctrine of fair use, contending
that the "book-alikes" are being used for educational purposes by those who avail of them.
(a) What is the doctrine of fair use? (2%)
(b) Is KLM Printers, Inc.'s invocation of the doctrine of fair use proper in this case?
Explain. (3%)
A.9.
X Pharmaceuticals, Inc. has been manufacturing the antibiotic ointment Marvelopis, which is
covered by a patent expiring in the year 2020. In January 2019, the company filed an application for
a new patent for Disilopis, which, although constituting the same substance as Marvelopis, is no
longer treated as an antibiotic but is targeted and marketed for a new use, i.e., skin whitening.
(a) What are the three (3) requisites of patentability under the Intellectual Property
Code? (3%)
(b) Should X Pharmaceuticals, Inc.'s patent application for Disilopis be granted?

Explain. (2%)
A.10.
In 2005, W Hotels, Inc., a multinational corporation engaged in the hospitality business, applied for
and was able to register its trademark "W" with the Intellectual Property Office of the Philippines
(IPO) in connection with its hotels found in different parts of the world.
In 2009, a Filipino corporation, RST Corp., filed before the IPO a petition for cancellation of W
Hotels, Inc.'s "W" trademark on the ground of non-use, claiming that W Hotels, Inc. failed to use its
mark in the Philippines because it is not operating any hotel in the country which bears the "W"
trademark.
In its defense, W Hotels, Inc. maintained that it has used its "W" trademark in Philippine commerce,
pointing out that while it did not have any hotel establishment in the Philippines, it should still be
considered as conducting its business herein because its hotel reservation services, albeit for its
hotels abroad, are made accessible to Philippine residents through its interactive websites
prominently displaying the "W" trademark. W Hotels, Inc. also presented proof of actual booking
transactions made by Philippine residents through such websites.
Is W Hotels, Inc.'s defense against the petition for cancellation of trademark tenable?
Explain. (5%)
- END OF PART I -
PART II
B.11.
W Medical, Inc. operated a full-service hospital named WMed. Using its stockholders' advances and
a mortgage loan from Bank X, W Medical, Inc. commenced the construction of a new 11-storey
WMed Annex Building. Unfortunately, due to financial constraints, only seven (7) floors were
constructed and the WMed Annex Building remained unfinished.
Despite the non-completion of the WMed Annex Building, W Medical, Inc. continued its operations
and earned modest revenues. While W Medical, Inc.'s assets are more than its liabilities and it is
able to turn a monthly profit, it could not pay its loan installments to Bank X as they fall due.
(a) What is the concept of "insolvency" under the Financial Rehabilitation and
Insolvency Act (FRIA)? May W Medical, Inc. be considered "insolvent" under the
FRIA? Explain. (3%)
(b) Assuming that W Medical, Inc. is considered "insolvent", may it file a petition for
suspension of payments under the FRIA? Explain. (2%)
(c) Assuming that W Medical, Inc. is considered "insolvent", what are the legally
recognized modes of rehabilitation it may opt to avail of? (3%)
(d) If W Medical, Inc. files a petition for rehabilitation before the court, is it possible for
the rehabilitation proceedings to be converted into one for liquidation? Explain. (2%)
B.12.
EFG, Inc. is indebted to Bank Y in the amount of ₱50,000,000.00. The loan was secured by a
suretyship agreement issued by Z Insurance Co.
Due to EFG, Inc's default, Bank Y filed a case against Z Insurance Co. as surety. There is also a
pending criminal case for violation of the Bouncing Checks Law against the President of EFG, Inc.,
Mr. P, who signed the check as signatory for the company.
Unable to meet its obligations as they fell due, EFG, Inc. filed a petition for rehabilitation. Finding the
petition sufficient in form and substance, the court issued a Commencement Order, which was
thereafter published.
(a) Should the case filed against Z Insurance Co. be suspended in light of the
Commencement Order? Explain. (2.5%)
(b) Should the criminal case filed against Mr. P be suspended in light of the
Commencement Order? Explain. (2.5%)
B.13.
Enumerate at least two (2) rights of a data subject under the Data Privacy Act. (2%)
B.14.
ABC Corp. is a company which shares are listed in the Philippine Stock Exchange. In 2015, 25% of
ABC Corp.'s shareholdings were acquired by XYZ, Inc., while 40% of the same were acquired by
RST, Inc., both of which are non-listed private corporations. Meanwhile, the remaining 35% of ABC
Corp.'s shareholdings are held by the public.
In 2018, or three years (3) after it acquired its 25% stake in ABC Corp., XYZ, Inc. sought to obtain an
additional 12% shareholding in ABC Corp. by purchasing some of the shares owned by RST, Inc.
therein. The new acquisition will not, however, result in XYZ, Inc. gaining majority control of ABC
Corp.'s Board.
Is XYZ, Inc. required to conduct a tender offer? Explain. (3%)
B.15.
Mr. P, the President of JKL, Inc. which shares are listed in the Philippine Stock Exchange, was
notified that the corporation has just been awarded a ₱5,000,000,000.00 construction contract by a
reputable private company. Before this information could be disclosed to the public, Mr. P called his
stockbroker to purchase 20,000 shares of JKL, Inc. He also mentioned the transaction to his brother,
Mr. B. Mr. B, who was not involved at all in the business of JKL, Inc., also bought 50,000 shares of
JKL, Inc. because of the tip disclosed to him by Mr. P.
(a) Is the information disclosed by Mr. P to Mr. B considered as material nonpublic

information for purposes of insider trading? Explain. (2%)
(b) Should Mr. P and Mr. B be held liable for insider trading? Explain. (3%)
B.16.
Mayor J has two (2) bank accounts: 1. a Peso savings account with Bank P; and 2. a U.S. Dollar
savings account with Bank D.
In 2018, Mayor J's former business partner, Mr. K, filed a civil case for collection of sum of money
against him.
In the same year, a criminal case for Direct Bribery under the Revised Penal Code was filed against
Mayor J. It was alleged in the Information that in exchange for the expeditious approval of various
permits and licenses, Mayor J received kickbacks which amounts were deposited to his bank
accounts.
(a) In the event Mayor J is held ultimately liable in the civil case filed by Mr. K, may
Mayor J's bank accounts in Bank P and Bank D be subject to garnishment? Explain.
(2.5%)
(b) Assuming that the prosecution in the criminal case sought from the court an
inquiry of Mayor J's bank accounts in Bank P and Bank D, may a bank inquiry order
be issued? Explain. (2.5%)
B.17.
Several public officials were charged before the Sandiganbayan for violation of the Anti-Graft and
Corrupt Practices Act involving the anomalous award of a multi-billion contract to Corporation Z. The
Information alleged that each of the accused received kickbacks from Corporation Z in exchange for
the dispensation of certain bidding requirements, and that the said kickbacks were deposited to the
accused's respective bank accounts in the Philippines. Upon request of the Office of the
Ombudsman, the Compliance and Investigation Staff of the Anti-Money Laundering Council (AMLC)
conducted an intelligence database search. The search revealed that there were remittances to the
bank accounts of the accused with six (6) different banks.
(a) May the AMLC examine the bank accounts of the accused-public officials even
without seeking a prior court order? Explain.(2.5%)
(b) May a court order be issued ex parte for the freezing of the bank accounts of the
accused-public officials upon application of the AMLC? If so, in what instance may
this be done and which court can issue such order? Explain. (2.5%)
B.18.
Mrs. T maintained a checking account with Bank U. While Mrs. T was abroad, she left her
checkbook inside her office drawer, which she kept under lock and key. However, Mrs. T's long-time
secretary, Ms. S, knew where the checkbook was hidden. Ms. S then broke the lock on the office
drawer, took one of Mrs. T's blank checks, and succeeded to encash ₱200,000.00 from Bank U by
imitating Mrs. T's signature. As soon as Mrs. T returned from abroad and discovered the incident,
she immediately reported the matter to Bank U, seeking that the transaction be reversed. However,
the bank refused, contending that Mrs. T should bear the loss arising from the forgery.
(a) Is the imitation of Mrs. T's signature considered as a material alteration under the
Negotiable Instruments Law? Explain. (2.5%)
(b) Is Bank U's contention tenable? Explain. (2.5%)
B.19.
LMN, Inc. operates a beach resort in a secluded island off the coast of Puerto Princesa City,
Palawan. It operates three (3) motorized boats to ferry its guests from the city proper to the island
resort and vice-versa. During one rainy morning, the guests were informed that the ferry services for
that day were cancelled due to a storm forecast. In order to appease the apparent dismay of most of
the guests who will miss their flight back to Manila, the boat captain of one of LMN, Inc.'s motorized
boats decided to push through with its trip back to the city. Shortly after the boat sailed, the storm hit
and the winds and waves became stronger, causing engine trouble to the boat. Unfortunately, the
boat capsized and sank, resulting in the death of one of the passengers, Mr. X.
This prompted Mr. X's heirs to file a complaint for damages against LMN, Inc., which they alleged to
be a common carrier. In its defense, LMN, Inc. maintained that it is not a common carrier because its
boats are not available to the general public but only ferry resort guests and employees.
(a) May LMN, Inc. be considered a common carrier? Explain. (3%)
(b) Assuming LMN, Inc. is a common carrier, may it be absolved from liability on the
ground of fortuitous event? Explain. (2%)
B.20.
F Corp., a corporation engaged in the export of fertilizers, entered into a sale of its products with Mr.
P. In this relation, Bank C, F Corp.'s bank, received an irrevocable letter of credit, payable on sight,
issued by Bank I for the account of its client, Mr. P, in the amount of ₱1,000,000.00 to cover the
purchase price of the sale. In the letter of credit, Bank C was designated as the confirming bank.
After being presented the required documents under the letter of credit, Bank C issued in favor of F
Corp. a cashier's check in the amount of ₱1,000,000.00.
Bank C then informed Bank I of the payment made pursuant to the letter of credit. Thereafter, Bank
C transmitted the documents presented by F Corp. to Bank I and sought to be reimbursed for the
amount it paid to F Corp.
Bank I, however, refused to reimburse Bank C for the reason that it received an e-mail coming from
Mr. P that the latter will not make any payment to Bank I in relation to the letter of credit because the
products shipped to him by F Corp. were of substandard quality.
(a) Is Bank I's refusal to reimburse Bank C warranted? Explain. (3%)
(b) Assuming that the documents submitted by F Corp. were proven to be actually
forged but were nonetheless accepted by Bank C as sufficient, may Bank I refuse
Bank C's claim for reimbursement? Explain. (2%)
- END OF PART II -
Nothing follows
LABOR LAW AND SOCIAL LEGISLATION
November 3, 2019 2:00 P.M. - 6:00 P.M

INSTRUCTIONS
examinations.

Chairperson
PART I
A.1.
Define, explain or distinguish the following terms:
(a) Just and authorized causes (2%)

(b) Seasonal and project employees (2%)
(c) Strikes and lockouts (2%)
(d) Bona fide occupational qualifications (2%)
(e) Grievance machinery (2%)
A.2.
X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children.
Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had
previously been receiving regular support from X, filed a claim for the latter’s death benefits.
(a) Is M entitled to claim death benefits from the SSS? Explain. (2.5%)
(b) Assuming that X got married to his girlfriend a few days before his death, is M
entitled to claim death benefits from the SSS? Explain. (2.5%)
A.3.
A, B, and C were hired as resident-doctors by MM Medical Center, Inc. In the course of their
engagement, A, B, and C maintained specific work schedules as determined by the Medical
Director. The hospital also monitored their work through supervisors who gave them specific
instructions on how they should perform their respective tasks, including diagnosis, treatment, and
management of their patients.
One day A, B, and C approached the Medical Director and inquired about the non-payment of their
employment benefits. In response, the Medical Director told them that they are not entitled to any
because they are mere "independent contractors" as expressly stipulated in the contracts which they
admittedly signed. As such, no employer-employee relationship exists between them and the
hospital.
(a) What is the control test in determining the existence of an employer-employee?

(2%)
(b) Is the Medical Director’s reliance on the contracts signed by A, B, and C to refute
the existence of an employer-employee relationship correct? If not, are A, B, and C
employees of MM Medical Center, Inc.? explain. (3%)
A.4.
Mrs. B, the personal cook in the household of X, filed a monetary claim against her employer, X, for
denying her service incentive leave pay. X argued that Mrs. B did not avail of any service incentive
leave at the end of her one (1) year of service and hence, not entitled to the said monetary claim.
(a) Is the contention of X tenable? Explain. (2.5%)
(b) Assuming that Mrs. B is instead a clerk in X’s company with at least 30 regular
employees, will her monetary claim prosper? Explain (2.5%)
A.5.
Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC Convenience
Store. She was required to report on December 25 and 30.
Should ABC Convenience Store pay her holiday pay? Explain. (2.5%)
A.6.
D, one of the sales representatives of OP, Inc., was receiving a basic pay of ₱50,000.00 a month,
plus a 1% overriding commission on his actual sales transactions. In addition, beginning three (3)
months ago, or in August 2019, D was able to receive a monthly gas and transportation allowance of
₱5,000.00 despite the lack of any company therefor.
In November 2019, D approached his manager and asked for his gas and transportation allowance
for the month. The manager declined his request, saying that the company had decided to
discontinue the aforementioned allowance considering the increased costs of its overhead
expenses. In response, D argued that OP, Inc.’s removal of the gas and transportation allowance
amounted to a violation of the rule on non-diminution of benefits.
Is the argument of D tenable? Explain. (2.5%)
A.7.
W Gas Corp. is engaged in the manufacture and distribution to the general public of various
petroleum products. On January 1, 2010, W Gas Corp. entered into a Service Agreement with Q
Manpower Co., whereby the latter undertook to provide utility workers for the maintenance of the
former’s manufacturing plant. Although the workers were hired by q Manpower Co., they used the
equipment owed by W gas Corp. in performing their tasks, and were likewise subject to constant
checking based on W gas Corp.’s procedures.
On February 1, 2010, Mr. R, one of the utility workers, was dismissed from employment in line with
the termination of the Service Agreement between W Gas Corp. and Q Manpower Co. Thus, Mr. R
filed a complaint for illegal dismissal against W Gas Corp., claiming that Q Manpower Co. is only a
labor-only contractor. In the course of the proceedings, W Gas Corp. presented no evidence to
prove Q manpower Co.’s capitalization.
(a) Is Q Manpower Co. a labor-only contractor? Explain. (2.5%)
(b)Will Mr. R’s complaint for illegal dismissal against W Gas Corp. prosper? Explain.
(2.5%)
A.8.
Ms. T was caught in the act of stealing the company property of her employer. When Ms. T admitted
to the commission of the said act to her manager, the latter advised her to just tender her
resignation; otherwise, she would face an investigation which would likely lead to the termination of
her employment and the filing of criminal charges in court.
Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case
for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to
her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary
because she was told that should she not resign, she could be terminated from work for just cause
and worse criminal charges could be file against her.
(a) What is the difference between resignation and constructive dismissal? (2%)
(b) Will Ms. T’s claim for constructive dismissal prosper? Explain. (3%)
A.9.
After due proceedings, the Labor Arbiter (LA) declared Mr. K to have been illegally dismissed by his
former employer, AB, Inc. As a consequence, the LA directed ABC, Inc. to pay Mr. K separation pay
in lieu of reinstatement as well as his full backwages.
While ABC, Inc. accepted the finding of illegal dismissal, it nevertheless filed a motion for
reconsideration, claiming that the LA erred in awarding both separation pay and full backwages, and
instead, should have ordered Mr. K’s reinstatement to his former position without loss of seniority
rights and other privileges, but without payment of backwages. In this regard, ABC, Inc. pointed out
that the LA’s ruling did not contain any finding of strained relations or that reinstatement was no
longer feasible. In any case, it appears that no evidence was presented on this score.
(a) Is ABC, Inc.’s contention to delete the separation pay, and instead, order
reinstatement without backwages correct? Explain. (3%)
(b) Assuming than on appeal, the National Labor Relations Commission (NLRC)
upholds the decision of the LA, where, how, and within what timeframe should ABC,
Inc. assail the NLRC ruling? (2%)
A.10.
For purposes of prescription, within what periods from the time the cause of action accrued
should the following cases be filed:
(a) Money claims arising from employer-employee relations (1%)
(b) Illegal dismissal (1%)
(d) Offenses under the Labor Code (1%)
(e) Illegal recruitment (1%)
- END OF PART I -
PART II
B.11.
Briefly discuss the powers and responsibilities of the following in the scheme of the Labor
Code:
(a) Secretary of Labor (2%)
(b) Bureau of Labor Relations (2%)
(c) Voluntary Arbitrators (2%)
B.12.
Due to serious business reverses, ABC Co. decided to terminate the services of several officers
receiving "fat" compensation packages. One of these officers was Mr. X, its Vice-President for
External Affairs and a member of the Board of Directors. Aggrieved, Mr. X filed a complaint for illegal
dismissal before the National labor Relations Commission (NLRC) – Regional Arbitration Branch.
ABC Co. moved for the dismissal of the case on the ground of lack of jurisdiction, asserting that
since Mr. X occupied the position of Vice-President for External Affairs which is listed in the by-laws
of the corporation, the case should have been tiled before the Regional Trial Court.
The Labor Arbiter (LA) denied ABC Co.’s motion and proceeded to rule that Mr. X was illegally
dismissed. Hence, he was reinstated in ABC Co.’s payroll pending its appeal to the NLRC.
(a) Did the LA err in denying ABC Co.’s motion to dismiss on the ground of lack of
jurisdiction? Explain. (2.5%)
(b) Assuming the LA’s ruling of illegal dismissal with finality, may ABC Co. claim
reimbursement for the amounts it paid to Mr. X during the time that he was on payroll
reinstatement pending appeal? Explain. (2.5%)
B.13.
Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as welding
supervisor for DEF, Inc. located in Dubai. The employment contract, which the Philippine Overseas
Employment Administration (POEA) approved, stipulated a salary of US$600.00 a month.
Mr. A had only been in his job in Dubai for six (6) months when DEF, Inc. announced that it was
suffering from severe financial losses and thus intended to retrench some of its workers, among
them Mr. A. DEF, Inc. hinted, however, that employees who would accept a lower salary could be
retained.
Together with some other Filipino workers, Mr. A agreed to a reduced salary of US$400.00 a month
and thus, continued with his employment.
(a) Was the reduction of Mr. A’s salary valid? Explain. (2.5%)
(b) Assuming that the reduction was invalid, may Mr. A hold XYZ recruitment Co.
liable for underpayment of wages? Explain. (2.5%)
B.14.
Upon a review of the wage rate and structure pertaining to its regular rank and file employees, K
Corporation found it necessary to increase its hiring rates for employees belonging to the different
job classification levels to make their salary rates more competitive in the labor market.
After the implementation of the new hiring salary, Union X, the exclusive bargaining agent of the
rank and file employees, demanded a similar salary adjustment for the old employees. It argued that
the increase in hiring rates resulted in wage distortion since it erased the wage gap between the new
and old employees. In other words, new employees would enjoy almost the same salary rates as K
Corporation’s old employees.
(a) What is wage distortion? (2%)
(b) Did a wage distortion arise under the circumstances which legally obligated K
Corporation to rectify the wages of its old employees? Explain. (3%)
B.15.
On December 1, 2018, GHI Co., an organized establishment, and Union J, the exclusive bargaining
agent therein executed a five (5)-year collective bargaining agreement (CBA) which, after ratification,
was registered with the Bureau of Labor Relations.
(a) When can the union ask, at the earliest, for the renegotiation of all terms of the
CBA, except its representation aspect? Explain. (2.5%)
(b) When is the earliest time that another union can file for a petition for certification
election? Explain. (2.5%)
B.16.
W Ship Management, Inc. hired Seafarer G as bosun in its vessel under the terms of the 2010
Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC).
On his sixth (6th) month on board, Seafarer G fell ill while working. In particular, he complained of
stomach pain, general weakness, and fresh blood in his stool. When his illness persisted, he was
medically repatriated on January 15, 2018. On the same day, Seafarer G submitted himself to a
post-employment medical examination, wherein he was referred for further treatment. As of
September 30, 2018, Seafarer G has yet to be issued any fit-to-work certification by the company-
designated physician, much less a final and definite assessment of his actual condition. Since
Seafarer G still felt unwell, he sought an opinion from a doctor of his choice who later issued an
independent assessment stating that he was totally and permanently disabled due to his illness
sustained during work.
Seafarer G then proceeded to file a claim for total and permanent disability compensation. The
company asserts that the claim should be dismissed due to prematurity since Seafarer g failed to
first settle the matter through the third-doctor conflict resolution procedure as provided under the
2010 POEA-SEC.
(a) What is the third-doctor conflict resolution procedure under the 2010 POEA-SEC?
Explain. (2%)
(b) Will Seafarer G’s claim for total and permanent disability benefits prosper despite
his failure to first settle the matter through the third-doctor conflict resolution
procedure? Explain. (3%)
(c) Assuming that Seafarer G failed to submit himself to a post-employment medical

examination within three (3) working days from his return, what is the consequence
thereof to his claim? Explain. (2%)
B.17.
Ms. A is a volleyball coach with five (5) years of experience in her field. Before the start of the
volleyball season of 2015, she was hired for the sole purpose of overseeing the training and
coaching of the University’s volleyball team. During her hiring, the Vice-President for Sports
expressed to Ms. A the University’s expectation that she would bring the University a championship
at the end of the year.
In her first volleyball season, the University placed ninth (9th) out of 10 participating teams. Soon
after the end of the season, the Vice-president for Sports informed Ms. A that she was a mere
probationary employee and hence, she need not come back for the next season because of the poor
performance of the team.
In any case, the Vice-President for Sports claimed that Ms. A was a fixed-term employee whose
contract had ended at the close of the year.
(a) Is Ms. A a probationary, fixed-term, or regular employee? Explain your reasons as

to why she is or she is not such kind of an employee for each of the types of
employment given, (5%)
(b) Assuming that Ms. A was dismissed by the University for serious misconduct but
was never given a notice to explain, what is the consequence of a procedurally infirm
dismissal from service under our labor law and jurisprudence? Explain. (2%)
B.18.
When resolving a case of unfair labor practice (ULP) filed by a union, what should be
the critical point of analysis to determine if an act constitutes ULP? (2.5%)
B.19.
Because of dwindling sales and the consequent limitation of productions, rumors were rife that XYZ,
Inc. would reduce its employee force. The next day, the employees of XYZ, Inc. received a notice
that the company will have a winding down period of 10 days, after which there will be a six (6)-
month suspension of operations to allow the company to address its precarious financial position.
On the fourth (4th) month of suspension of its operations XYZ, Inc. posted announcement that it will
resume its operations in 60 days but at the same time announced that instead of closing down due
to financial losses, it will retrench 50% of the work force.
(a) Is the announcement that there would be retrenchment affecting 50% of the work
force sufficient compliance with the legal requirements for retrenchment? Explain.
(2.5%)
(b) Assuming that XYZ, Inc., instead of retrenchment, extended the suspension of its
operations from six (6) months to eight (8) months, would the same be legally
permissible? If not, what are the consequences? (2.5%)
B.20.
Discuss the differences between compulsory and voluntary/optional retirement as

well as the minimum benefits provided under the Labor Code for retiring employees of
private establishments. (2.5%)
- END OF PART II -
Nothing follows
REMEDIAL LAW
November 24, 2019 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
examinations.

Chairperson
PART I
A.1.
ABC Homeowners Association, Inc. sued Mr. X before the Regional Trial Court (RTC) for collection
of unpaid association dues. Mr. X filed a motion to dismiss solely on the ground of lack of
jurisdiction, asserting that the Housing and Land Use Regulatory Board has exclusive jurisdiction
over disputes among homeowners and their associations. The RTC denied Mr. X's motion,
maintaining that it has jurisdiction over the case. This prompted Mr. X to file a petition
for certiorari under Rule 65 of the Rules of Court before the Supreme Court, alleging grave abuse of
discretion on the part of the RTC in denying his motion to dismiss.
(a) Is Mr. X's chosen remedy of certiorari and direct recourse to the Supreme Court
proper? Explain. (2.5%)
(b) Assuming that Mr. X's motion was instead granted by the RTC, what is the proper
remedy of ABC Homeowners Association, Inc. to challenge the RTC ruling? Explain.
(2.5%)
A.2.
Ms. A filed a complaint for damages against Ms. B, alleging that Ms. B negligently caused the
demolition of her house's concrete fence, the top half of which fell on the front portion of Ms. A's car
and permanently damaged its engine. In her answer, Ms. B denied any personal liability for the
damage caused to Ms. A's car, averring that she merely acquiesced to the advice of her contractor,
XYZ Construction Co., to have the concrete fence demolished. Thus, damages, if any, should be
collected from it.
Thereafter, Ms. A filed a motion for judgment on the pleadings, alleging that Ms. B's statement in her
answer is actually a negative pregnant. Ms. B opposed the motion, reiterating her defense in her
answer which purportedly rendered judgment on the pleadings improper. Ms. B also moved for the
dismissal of the case on the ground of non-joinder of XYZ Construction Co., which she alleged is an
indispensable party to the case.
(a) Is Ms. A's motion for judgment on the pleadings proper? Explain. (3%)
(b) Is XYZ Construction Co. an indispensable or a necessary party? Explain. (3%)
(c) Assuming that XYZ Construction Co. is an indispensable party, is its non-joinder a
ground for the dismissal of the case? Explain. (3%)
A.3.
Mr. C sued Mr. D for reconveyance of property and damages, claiming that Mr. D, through fraud and
forgery, was able to obtain the title to Lot No. 1234, which was previously registered in Mr. C's name.
The complaint was filed before the Regional Trial Court.
Instead of filing an answer, Mr. D moved to dismiss the complaint on the ground of lack of cause of
action. In opposition, Mr. C argued that lack of cause of action is not a ground for a motion to
dismiss as the ground provided under Section 1 (g), Rule 16 of the Rules of Court is failure to state a
cause of action.
Distinguish the concepts of lack of cause of action and failure to state a cause of
action. Based on this distinction, is Mr. C's opposition tenable? Explain. (5%)
A.4.
Mrs. E filed a complaint for sum of money against Mr. F in the amount of ₱1,000,000.00 before the
Regional Trial Court (RTC). After due proceedings, the RTC ruled in favor of Mrs. E, and since no
appeal was interposed thereto, the ruling became final and executory as evinced by an Entry of
Judgment dated July 2, 2012. However, Mrs. E was unable to immediately move for the execution of
said judgment because she had a work engagement overseas.
On June 29, 2017, Mrs. E returned to the country and, on the same day, filed a motion for the
issuance of a writ of execution before the RTC. On July 7, 2017, the RTC granted the motion, and
consequently, issued a writ of execution in Mrs. E's favor.
Was the RTC's issuance of the writ of execution procedurally infirm? Explain. (3%)
A.5.
Mrs. G defaulted in the payment of her loan obligation with Z Bank. As such, Z Bank extra-judicially
foreclosed Mrs. G's mortgaged property and sold it at public auction where it emerged as the highest
bidder. Eventually, a certificate of sale was issued in Z Bank's favor, and title to the property was
later consolidated under the bank's name.
Claiming that Z Bank used fraudulent machinations in increasing the interest and penalty charges on
the loan, thereby making it impossible for her to pay, Mrs. G filed before the Regional Trial Court
(RTC) a complaint for cancellation of consolidation of ownership over a real property with prayer for
the issuance of a writ of preliminary injunction against Z Bank. Immediately thereafter, the RTC
issued an ex parte writ of preliminary injunction enjoining Z Bank from disposing of the foreclosed
property or taking possession thereof.
Did the RTC err in issuing the writ of preliminary injunction ex parte? Explain. (3%)
A.6.
Mr. H filed a complaint against Mr. I to recover the amount of ₱500,000.00 based on their contract of
services. In his answer, Mr. I admitted that he has yet to pay Mr. H for his services based on their
contract but nevertheless, interposed a counterclaim alleging that Mr. H still owed him rental
arrearages for the lease of his apartment also amounting to ₱500,000.00.
It has come to Mr. H's attention that Mr. I did not pay any filing fees when he filed his answer. As
such, Mr. H moved to dismiss the counterclaim. In response to Mr. H's motion, Mr. I averred that the
non-payment of filing fees was purely based on inadvertence and that the said filing fees had
already been paid as of date, as evinced by the official receipt issued by the clerk of court therefor.
(a) What is the nature of Mr. l's counterclaim? Is the payment of filing fees required for
such counterclaim to prosper? Explain. (3%)
(b) Should Mr. I's counterclaim be dismissed? Explain. (3%)
A.7.
As a result of an anonymous complaint, Mr. J, a local public official, was held administratively liable
for Grave Misconduct by the Office of the Ombudsman (Ombudsman) in Administrative Case No.
1234. As such, he was imposed the penalty of dismissal from service. The Ombudsman also found
probable cause to indict him for violation of Section 3 (b) of Republic Act No.3019, or the "Anti-Graft
and Corrupt Practices Act," in Criminal Case No. 4321. Mr. J moved for the reconsideration of the
Ombudsman's Joint Decision but was denied.
Unperturbed, Mr. J filed a petition for certiorari under Rule 65 of the Rules of Court before the Court
of Appeals (CA), assailing the Ombudsman's Joint Decision in Administrative Case No. 1234 and
Criminal Case No. 4321. However, the CA dismissed the petition outright, holding that such petition
constitutes an improper remedy to assail the administrative and criminal aspects of the
aforementioned Ombudsman ruling.
Was the CA's dismissal of Mr. J's petition correct? Explain. (5%)
A.8.
Ms. A filed a petition for a writ of amparo, claiming that she was being threatened by Mr. B, her ex-
boyfriend, with whom she has a child out of wedlock, named C. Ms. A alleged that since she started
dating someone else, Mr. B began stalking her, parking his car on the street outside her house, and
watching her house until the wee hours of the morning. She thus feared for her life.
(a) Is Ms. A entitled to a writ of amparo? Explain. (2.5%)
(b) Assuming that Mr. B took away C without Ms. A's knowledge and consent, what is
the proper remedy for Ms. A to immediately recover C's custody? Explain. (2.5%)
A.9.
Ms. N initiated a special proceeding for the correction of entries in the civil registry under Rule 108 of
the Rules of Court before the Regional Trial Court (RTC), impleading only the Local Civil Registrar
therein. In her petition, Ms. N sought to change the entry in her birth certificate with respect to the
date of her parents' marriage from "May 22, 1992" to "not married." The Office of the Solicitor
General opposed the petition, arguing that Ms. N's parents should have been impleaded in the
proceeding. In response, Ms. N argued that this was not necessary since it was an entry in her own
birth certificate which she intended to change. Hence, it was a matter personal to her, and as such,
the participation of her parents in the case could be dispensed with.
Is Ms. N's position correct? Explain. (3%)
A.10.
Distinguish the following:
(a) Writ of kalikasan and writ of continuing mandamus (3%)
(b) Warrant to Search, Seize, and Examine Computer Data (WSSECD) and Warrant to
Examine Computer Data (WECD) (3%)
- END OF PART I -
PART II
B.11.
Mr. X filed a complaint for sum of money against his old friend, Mr. Y. In order to ensure that Mr. Y
would not be able to file a responsive pleading and much more, participate in the case, Mr. X paid off
Mr. Y's counsel, Atty. Z, who deliberately let the case proceed as such without his client's
knowledge.
Eventually, judgment was rendered on March 1, 2016 in Mr. X's favor, a copy of which was received
by Atty. Z on April 4, 2016. Bothered by his conscience, Atty. Z brought the copy of the decision to
Mr.Y on June 1, 2016, thereby surprising the latter and causing him grief. Meanwhile, the decision
became final and executory in due course on April 19, 2016.
Thereafter, Mr. Y took steps in vindicating his rights, which culminated on August 15, 2016 when he,
as represented by a new counsel, filed a petition for annulment of judgment before the Court of
Appeals (CA) on the ground of extrinsic fraud. The CA dismissed the petition on the ground that Mr.
Y failed to submit a satisfactory explanation as to why he directly resorted to a petition for annulment
of judgment, when he could have filed a petition for relief from judgment.
(a) What are the differences between a petition for relief from judgment and a petition
for annulment of judgment in terms of grounds and periods to file? (3%)
(b) Was the CA's dismissal of Mr. Y's petition for annulment of judgment proper?
Explain. (2%)
B.12.
Ms. R received a subpoena ad testificandum from a Regional Trial Court (RTC) directing her to
appear and testify in a case. Despite notice and without any sufficient justification, Ms. R failed to
appear. This prompted the RTC to issue a show-cause order directing Ms. R to explain, within ten
(10) days, why she should not be cited for contempt for her nonappearance despite receipt of the
subpoena. Ms. R, however, did not file her comment. After due hearing with notice to the parties, the
RTC cited her in indirect contempt, and consequently, ordered her arrest.
Ms. R moved to quash the warrant issued for her arrest, claiming that a formal charge should have
been filed against her, and that the same should have been docketed and prosecuted as a separate
case against her. She thus claimed that since this procedure was not followed, the order citing her in
contempt is null and void.
(a) Is Ms. R's contention tenable? Explain. (3%)
(b) What is the proper mode of appeal should Ms. R decide to assail her contempt
citation? Will the filing of such appeal automatically result in the suspension of the
execution of judgment? Explain. (2%)
B.13.
In a neighborhood bicycle race, Mr. A bumped the bicycle of one of his competitors, Mr. B, in order
to get ahead. This caused the latter to lose control of the bike which hit the concrete pavement and
sent Mr. B crashing headfirst into the sidewalk. By the time the organizers got to him, Mr. B was
dead. Law enforcement authorities who witnessed the incident arrested Mr. A without a warrant, and
immediately brought him to the inquest prosecutor for the conduct of an inquest. Thereafter, an
Information for Homicide was filed by the inquest prosecutor without the conduct of a preliminary
investigation. The next day Mr. A requested for the conduct of a preliminary investigation.
(a) Is the inquest prosecutor's filing of the Information without the conduct of
preliminary investigation proper? (2.5%)
(b) Is Mr. A's request permissible? Explain. (2.5%)
B.14.
Mr. P was charged with Plunder before the Sandiganbayan along with several government officials.
Before his arraignment, he filed a petition for bail. This was objected to by the prosecution which
insisted that he should first be arraigned before he applies for bail, considering that grant of bail will
result in the accused fleeing the court's jurisdiction.
(a) When is bail a matter of right before conviction? (2%)
(b) Is the objection of the prosecution valid? Explain. (3%)
B.15.
In an Information filed before the Regional Trial Court (RTC), Mr. C was charged with Carnapping for
supposedly taking the motorcycle of Mr. O and joyriding with it around the city. When Mr. C was
arraigned, he entered a plea of "not guilty" to the charge. After the prosecution rested its case, Mr. C
proceeded to file a demurrer to evidence. The demurrer was denied by the RTC.
(a) Would Mr. C be allowed to present evidence in his defense after the denial of his
demurrer? Explain. (2%)
(b) Assuming that the demurrer was granted by the RTC and the prosecution's motion
for reconsideration thereto is denied, what is the prosecution's further procedural
recourse? Explain. (3%)
B.16.
Mr. W was charged with raping his neighbor's seventeen (17)-year old daughter, AAA. When he was
arraigned, Mr. W expressed his desire to plead "guilty," provided that his sentence be substantially
reduced. Both AAA's mother and the prosecutor were amenable to the proposal. Consequently, the
judge entered a plea of guilty for Mr. W and sentenced him to serve a reduced straight penalty of
only ten (10) years of imprisonment, as agreed upon.
(a) Did the judge properly enter a plea of guilty for Mr. W? Explain. (2%)
(b) Assuming that Mr. W was once more charged with the crime of Rape committed
against AAA based on the same incident, may Mr. W validly invoke the defense of
double jeopardy through a motion to quash and will such motion prosper? Explain.
(3%)
B.17.
In a case for specific performance and damages, plaintiff Q presented photocopies of the contracts
he had executed with defendant R for the purpose of establishing their existence. Defendant R's
counsel objected to the admission of said photocopies, invoking the best evidence rule.
(a) Should the objection of defendant R's counsel be sustained? Explain. (3%)
(b) Assuming that the best evidence rule applies, under what circumstances will the
photocopies be admissible in evidence? (2%)
B.18.
In a case for Attempted Parricide brought against Mr. M by his wife, Mrs. N, their son, C, was called
as a witness for the prosecution. Mr. M's counsel objected, invoking the filial privilege rule.
Meanwhile, in a separate case for Serious Physical Injuries also brought against Mr. M, but this time
by his son, C, Mrs. N was called to testify against Mr. M. Mr. M's counsel objected, invoking the
marital disqualification rule.
Should the objections of Mr. M's counsel in both cases be sustained? Explain. (5%)
B.19.
A criminal complaint for Theft was filed against Mr. T by his employer for allegedly stealing company
property. During trial, the prosecutor called Mr. T's former supervisor, Mr. V, to the stand and
attempted to question him on similar incidents also involving Mr. T with his previous employer. Mr.
T's counsel objected to the question, invoking the rule on res inter alias acta. In response, the
prosecutor argued that the question should be allowed since he was trying to establish Mr. T's habit
of stealing things from the workplace.
(a) Should the objection of Mr. T's counsel be sustained? Explain. (2.5%)
(b) Assuming that the prosecution presents evidence on the bad moral character of
Mr. T, may the same be admitted in the present case? Explain. (2.5%)
B.20.
AAA, a ten (10)-year old minor, was sleeping inside her room when she was awakened by her uncle,
Mr. G, who was reeking of alcohol and was already on top of her. After Mr. G succeeded in having
carnal knowledge of AAA, the former immediately left the latter's room. Thereafter, AAA rushed into
the room of her mother, MMM, and spontaneously and frantically reported the incident. Eventually,
Mr. G was arrested and was indicted for the crime of Rape.
During trial, MMM was presented as a witness to testify on what AAA reported to her and AAA's
gestures and disposition at that time. Mr. G's counsel objected to MMM's testimony on the ground
that it is hearsay evidence. The prosecutor countered that the subject of MMM's testimony may be
admitted as an independently relevant statement and as part of the res gestae.
(a) May MMM's testimony be admitted on the ground that it constitutes an

independently relevant statement? Explain. (2.5%)
(b) May AAA's statement to MMM be admitted on the ground of res gestae? Explain.
(2.5%)
- END OF PART II -
Nothing follows
LEGAL ETHICS AND PRACTICAL EXERCISES
November 24, 2019 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
written on the wrong booklet shall not be given any credit.
examinations.

Chairperson
PART I
A.1.
Atty. A, a duly licensed notary public, has maintained several notarial registers in his separate offices
in order to cater to the needs of his clients and accommodate their growing number. Due to Atty. A's
busy schedule, Atty. A's secretary would usually perform the notarial acts on his behalf.
Sometime in April 2017, Mrs. B, an Overseas Filipino Worker staying in Singapore, sought the legal
services of Atty. A for the nullification of her marriage. Consequently, Atty. A drafted a petition with
verification which was sent from his law office in Manila to Singapore for the signature of Mrs. B,
who, after signing the same, sent it back to Atty. A. When the document arrived in Atty. A's office, his
secretary, as per usual practice, notarized the signed document upon Atty. A's instruction.
(a) Name at least two (2) violations of the Rules on Notarial Practice committed by
Atty. A. (3%)
(b) May Atty. A be also held liable under the Code of Professional Responsibility for
the same infractions committed by him as a notary public? Explain. (2%)
(c) What does the phrase "competent evidence of identity" refer to under the Rules on
Notarial Practice? (3%)
A.2.
Y, who is a businessman, and Atty. X are good friends. Due to their closeness, Atty. X was able to
borrow ₱300,000.00 from Y, which amount was intended to refurbish Atty. X's law office.
Months after, Y got into a contractual dispute with Z, one of his business partners. Hence, Y sought
the legal services of Atty. X for the filing of the proper action against Z. In consideration for his legal
services, Y paid Atty. X an acceptance fee of ₱50,000.00.
Unfortunately, Atty. X and Y's relationship turned sour. Thus, all communications between them
were cut, and worse, Atty. X failed to file the required initiatory pleading against Z on the date agreed
upon. Aggrieved, Y filed an administrative complaint, seeking that Atty. X be sanctioned and that the
₱50,000.00 acceptance fee and the ₱300,000.00 personal loan be returned to him.
(a) What administrative violation/s did Atty. X commit, if any? Explain. (3%)
(b) May Y's prayer for the return of the ₱50,000.00 acceptance fee and the ₱300,000.00
personal loan prosper? Explain. (5%)
A.3.
Pending resolution of a high-profile case against him, Justice K uttered, in a public forum hosted by
a local Integrated Bar of the Philippines chapter, his comments on the perceived bias of the court
against him, as well as on the issues raised by the complainants, his defenses, and the
commentaries published by some local newsmen in relation to the case. This is only one instance of
his many appearances in different gatherings of such nature in order to defend his public image.
(a) Did Justice K, in his capacity as a lawyer, commit any violation of the Code of
Professional Responsibility? If so, what rule did Justice K violate? Explain. (3%)
(b) Arguing that he should be treated as any other ordinary litigant in the said case,
may Justice K validly claim that his comments were made in a purely private capacity
and hence, not subject to administrative sanction? Explain. (3%)
A.4.
Mr. L sought legal advice from his lawyer, Atty. M, regarding the possibility of annulling his marriage.
In the course of their conversation, Mr. L mentioned that he would be able to immediately pay Atty.
M's legal fees because he received a huge kickback from a favored supplier in relation to his work as
member of his Municipality's Bids and Awards Committee.
(a) Is the communication made by Mr. L to Atty. M regarding the kickback he received
presumed to be confidential? Explain. (3%)
(b) What is the duty of a lawyer when, in the course of his representation, he
discovered that his client committed fraud upon a person or a tribunal? (2%)
A.5.
P was dismissed by his former employer, Company X, for allegedly misappropriating company funds
entrusted to him. P alleged that there was no proof to substantiate the same; hence, his dismissal
was invalid.
Aggrieved, P engaged the services of ABCDE Law Office to represent him in an illegal dismissal
case against Company X. Atty. A, a partner of the said law firm, was assigned to handle P's case.
Eventually, the illegal dismissal case was terminated upon settlement by all parties, and thus, P's
engagement with ABCDE Law Office ceased.
Two (2) years after, a criminal case for Qualified Theft was filed by Company X against P based on
the same events which led to his dismissal. To his surprise, P found out that Company X was being
represented by ABCDE Law Office in the criminal case. Decrying a violation of the rule on conflict of
interest, P filed an administrative complaint against Attys. A, B, C, D, and E, the partners of ABCDE
Law Office.
(a) Was the rule on conflict of interest violated in this case? Explain. (3%)
(b) Is the prior termination of P's engagement with ABCDE Law Office a valid defense
to the administrative charge against Attys. A, B, C, D, and E? Explain. (2.5%)
(c) May Attys. B, C, D, and E be held administratively liable for violating the rule on
conflict of interest despite the fact that it was only Atty. A, the handling lawyer, who
had knowledge of P's engagement as a client? Explain. (2.5%
A.6.
Atty. U was being investigated by the Integrated Bar of the Philippines regarding a complaint for
immorality filed by his wife, Y. Pending resolution of the case, complainant Y filed an affidavit of
desistance and withdrawal of the complaint on the ground that she mistakenly filed the complaint out
of jealousy.
What is the effect of Y's filing of an affidavit of desistance and the withdrawal of her
complaint in the administrative case against Atty. U? Explain. (2.5%)
A.7.
Every new lawyer must be acquainted with the consequences of noncompliance with the essential
obligations attendant to the legal profession. Among these obligations are compliance with the
requirements on Mandatory Continuing Legal Education (MCLE), and payment of Integrated Bar of
the Philippines (IBP) dues.
(a) What are the consequences of non-compliance with the requirements on MCLE?
(2.5%)
(b) What are the consequences of non-payment of IBP dues? (2.5%)
A.8.
A lawyer advertised in the newspaper the following:
"Expert in annulment of marriage. Fast and sure. Consult anytime."
Is the advertisement proper? Explain. (2.5%)
A.9.
Mr. O was disbarred from the practice of law in 2009 for gross immorality. Ten (10) years later, at
age 58, he asked for judicial clemency and filed a petition for his reinstatement in the Roll of
Attorneys. Mr. O had asked forgiveness from his children and maintained a cordial relationship with
his complainant wife. He also submitted a certification from the parish priest and members of the
Integrated Bar of the Philippines chapter to which he belongs of his civic mindedness and good
moral character.
Based on the guidelines for the reinstatement of a disbarred lawyer, may Mr. O be
reinstated as a member of the Bar? Explain. (2.5%)
A.10.
Atty. B is a newly admitted member of the Philippine Bar. As a means to manage his heavy case
load, Atty. B delegated the preparation and signing of all motions for extension of time to his
secretary, Ms. D. On the signature page of every motion, the following would appear:
"Ms. D for B Law Office"
X, one of Atty. B's clients, expressed concern over such practice. Atty. B reassured him that the
same is completely permissible as lawyers are allowed to devise means to efficiently manage their
workload. Besides, Ms. D is acting under his full knowledge and authority.
Does the practice of Atty. B of having his motions for extension of time signed by Ms.
D constitute any violation of the Code of Professional Responsibility? Explain. (2.5%)
- END OF PART I -
PART II
B.11.
The Cultural Heritage Association of Manila filed an injunction case to stop the construction of a 40-
storey condominium building owned by XYZ Corp., a well-known real estate developer. Eventually,
the injunction case was dismissed with finality by Judge T, and an entry of judgment was issued.
Two (2) years later, Judge T bought condominium units in the same 40-storey building owned by
XYZ Corp.
Did Judge T commit an act of impropriety? Explain. (3%)
B.12.
Judge B and his family went on vacation in an island resort in Coron, Palawan. One night, he was
photographed by a local boatman who witnessed him appearing very drunk and in the act of dancing
naked by the seashore. The photos were uploaded to a social media site and became viral.
May Judge B be subjected to any disciplinary sanctions? Explain. (3%)
B.13.
(a) Distinguish compulsory from voluntary inhibition of judges. (3%)
(b) State at least two (2) instances when a judge must compulsorily inhibit from a
case. (3%)
B.14.
While driving on his way to court, Judge D personally witnessed a vehicular accident between a
motorcycle and a car. Subsequently, a criminal case arising from said accident was raffled to his
court.
Should Judge D inhibit from this case? Explain. (3%)
Practical Exercises Note: The final three (3) problems labelled B.15. to B.17. all pertain to the
same set of parties and facts.
Mr. B, a resident of Quezon City, engaged you as counsel to assist him in acquiring the house and
lot being sold by Ms. S, also a resident of Quezon City, which lot is covered by Transfer Certificate of
Title No. 54321, with an area of 500 square meters, located at Barangay 123, Quezon City,
Philippines (subject property). At the meeting where Mr. B, Ms. S, and you were present, the
following terms and conditions were agreed upon:
1. the purchase price for the subject property is ₱50,000,000.00;
2. Ms. S will pay the capital gains tax and documentary stamp tax arising from the sale, as
well as the real estate taxes up to the date of the sale, within thirty (30) days from execution
of the deed of sale, while the rest of the expenses to effect the transfer of title will be
shouldered by Mr. B; and
3. Ms. S gave the assurance that the subject property would be free from any occupant/s
within the same thirty-(30) day period.
The Deed of Absolute Sale was scheduled to be signed by the parties on November 24, 2018 in
Quezon City.
B.15.
Draft a Deed of Absolute Sale including the required notarial certificate reflecting the
foregoing. (15%)
[continuation] On December 27, 2018, Mr. B visited the subject property and found out that Ms. S's
brother, Mr. C, was still occupying the same. Furthermore, on the same day, Mr. B checked with the
Bureau of Internal Revenue and discovered that the capital gains tax and the documentary stamp
tax remained unpaid. Disappointed with the failure of Ms. S to duly fulfill her obligations based on
their contract, Mr. B asked for your assistance regarding this matter.
B.16.
Draft a Demand Letter seeking fulfillment of Ms. S's obligations under the Deed of
Absolute Sale within fifteen (15) days from receipt. (5%)
[continuation] Unfortunately, Ms. S did not heed the demand letter, constraining you, on behalf of Mr.
B, to file the necessary complaint before the Regional Trial Court of Quezon City. The complaint was
filed on February 15, 2019, docketed as Civil Case No. 654321 and was raffled to Branch 77.
Eventually, Ms. S was duly served with summons on March 15, 2019. However, she failed to file an
answer or any motion requesting for an extension to file the same.
B.17.
Draft a Motion to Declare Ms. S in Default including the required Notice of Hearing.
(15%)
- END OF PART II -
Nothing follows
POLITICAL LAW
November 4, 2018 8:00 A.M. - 12:00 N.N.

INSTRUCTIONS
1. This Questionnaire contains ten (10) pages including this page. Check the number of pages and
Read each question very carefully and write your answers in your Bar Examination Notebook in the
same order as the questions. Write your answers only on the front page of every sheet. Note well
the allocated percentage points for each question or sub-question. In your answers, use the
numbering system in the questionnaire.
2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page. An
answer to a sub-question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.
3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, and/or jurisprudence.
A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR

DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY
EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN
EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.
4. Do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that
can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or
private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying mark in
the Notebook is considered cheating and can disqualify you.
JUSTICE MARIANO C. DEL CASTILLO

Chairperson
I.
Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and
information to a full range of modern family planning methods, including contraceptives, intrauterine
devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and
supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for
health providers to provide information on the full range of modern family planning methods, supplies
and services, for schools to provide reproductive health education, for non-governmental medical
practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to
Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior
to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its
mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as
unconstitutional based on, among others, the following grounds:
(a) It violates the right to life, since it practically sanctions abortion. Despite express terms
prohibiting abortion, petitioners claim that the family planning products and supplies oppose
the initiation of life, which is a fundamental human right, and the sanction of contraceptive
use contravenes natural law and is an affront to the dignity of man.
(b) It violates the constitutional prohibition against involuntary servitude because it requires
medical practitioners to render 48 hours of pro bono reproductive health services which may
be against their will.
(c) It violates the Freedom of Religion, since petitioners' religious beliefs prevent them from
using contraceptives, and that any State- sponsored procurement of contraceptives, funded
by taxes, violates the guarantee of religious freedom.
Rule on each of the above objections. (2.5% each)
II
Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was
brought to several military camps where she was interrogated, beaten, mauled, tortured, and
threatened with death if she would not confess her membership in the New People's Army (NPA)
and point to the location of NPA camps. She suffered for several days until she was released after
she signed a document saying that she was a surenderee, and was not abducted or harmed by the
military. After she was released, and alleging that her rights to life, liberty and security had been
violated and continued to be threatened by violation of such rights, she filed with the Supreme Court
(the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary
Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. The
case was filed against President Amoyo (who was the President of the Philippines when the
abduction, beating, mauling and life threats were committed), General Altamirano, and several
military men whom Agnes was able to recognize during her ordeal. The Court, after finding the
petition to be in order, issued the writ of amparo and the writ of habeas data and directed the
respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to hear the
petition. The respondents duly filed their return on the writs and produced the documents in their
possession. After hearing, the CA ruled that there was no more need to issue the temporary
protection orders since the writ of amparo had already been issued, and dismissed the petition
against President Amoyo on the ground that he was immune from suit during his incumbency as
President. Agnes appealed the CA ruling to the Court. The appeal was lodged after President
Amoyo's term had ended.
(a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance
of the temporary protection order? (2.5%)
(b) Will the President's immunity from suit continue even after his term has ended,
considering that the events covered by the Petition took place during his term? (2.5%)
III
What and whose vote is required for the following acts: (2% each)
(a) the repeal of a tax exemption law;
(b) a declaration of the existence of a state of war;
(c) the amendment of a constitutional provision through a constituent assembly;
(d) the resolution of a tie in a presidential election; and
(e) the extension of the period for the suspension of the privilege of the writ of habeas
corpus?
IV
The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative
district composed of four municipalities: Uno, Dos, Tres, and Cuatro.
Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of
the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections.
While Andres was serving his second term as ·sp member, a law was enacted re-apportioning the
four towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres
and Cuatro comprising the Second District.
In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya representing
the Second District.
Andres seeks your legal advice regarding his intention to run as a member of the SP of Amaya for
the Second District in the next local elections in 2019. What will you advise Andres? (2.5%)
State whether or not the following acts are constitutional: (2% each)
(a) A law prescribing as qualifications for appointment to any court lower than the Supreme
Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date
of appointment, and at least eight years as a member of the Philippine Bar;
(b) A law requiring all candidates for national or local elective offices to be college degree
holders;
(c) The designation by the President of an acting Associate Commissioner of the Civil
Service Commission;
(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been
engaged in the practice of law for five years; and
(e) The nomination by a national party-list of a person who is not one of its bona fide
members.
VI
Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on
Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national
elections. Its first nominee, Alejandro, assumed office as the party-list representative.
About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled
Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro
questioned before the Comelec his expulsion and replacement by Andoy.
The Comelec considered Alejandro's petition as an intra-party dispute which it could resolve as an
incident of its power to register political parties; it proceeded to uphold the expulsion.
Is the Comelec's ruling correct? (5%)
VII
The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders.
Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy (CoC) for
misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto's
Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used
the same passport several times to travel to and from Manila and Madrid or Barcelona.
In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the
requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire
his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his
Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of
allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine
passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine
passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain
to visit his wife and minor children.
(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto's
CoC? (2.5%)
(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of Ardania City:
Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice
Mayor of the City? (2.5%)
VIII
Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed
with the Comelec against two candidates running as municipal mayors of different towns.
The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime
of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua
which carried the accessory penalty of perpetual absolute disqualification. While Anselmo was in
prison, the President commuted his sentence and he was discharged from prison.
The second petition was against Ambrosio. Ambrosio's residency was questioned because he was
allegedly a "green card holder," i.e., a permanent resident of the US, as evidenced by a certification
to this effect from the US Embassy.
Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued
two resolutions granting the petitions against Anselmo and Ambrosio.
Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the
resolutions cancelling their respective CoCs. Both claimed that the Comelec en bane acted with
grave abuse of discretion amounting to lack or excess of jurisdiction because the petitions should
have first been heard and resolved by one of the Comelec's Divisions.
Are Anselmo and Ambrosio correct? (5%)
IX
In 1990, Agripina migrated to Canada and acquired Canadian citizenship.
In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of
Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance
and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.
In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina's
political rivals lost no time in causing the filing of various actions to question her candidacy. They
questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under
R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.
Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the
defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was
deemed never to have lost, her Philippine citizenship.
Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)
Ascertain the constitutionality of the following acts: (2.5% each)
(a) An investigation conducted by the Ombudsman against a Commissioner of the

Commission on Audit for serious misconduct.
(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of
injunction against an investigation being conducted by the Ombudsman.
(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an
administrative proceeding, except through a petition for review on certiorari filed before the
Supreme Court.
XI
Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the
custody of a United States (US) personnel who becomes subject to criminal prosecution before a
Philippine court shall be with the US military authorities, if the latter so requests. The custody shall
begin from the commission of the offense until the completion of all judicial proceedings. However,
when requested, the US military authorities shall make the US personnel available to Philippine
authorities for any investigative or judicial proceeding relating to the offense with which the person
has been charged. In the event that the Philippine judicial proceedings are not completed within one
year, the US shall be relieved of any obligation under Section 6.
The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies
the exclusive power of the Supreme Court to adopt rules of procedure for all courts in the
Philippines; and (2) it violates the equal protection clause to the extent that it allows the transfer of
the custody of an accused to a foreign power as providing a different rule of procedure for that
accused.
Rule on the challenge. (5%)
XII
Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules
governing the allotment of cases among its divisions, the rotation of justices among them, and other
matters relating to the internal operations of the court.
Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions "en bane
[to] promulgate its own rules concerning pleadings and practice before it or before any of its offices.
Such rules however shall not diminish, increase, or modify substantive rights."
Section 16(3) of Article VI of the Constitution states that "Each House may determine the rules of its
proceedings." Section 21, Article VI of the Constitution further provides that "The Senate or the
House of Representatives or any of its respective committees may conduct inquiries... in accordance
with its duly published rules of procedure."
Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall promulgate its
rules on impeachment to effectively carry out the purposes of this section."
Are the rules promulgated pursuant to these provisions subject to review and disapproval by the
Supreme Court? (5%)
XIII
PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated
traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01
Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly
beat a red light.
After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test
showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of
Section 15, Article II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He
claims that the mandatory drug test under R.A. No. 9165 is a violation of the accused's right to
privacy and right against self-incrimination.
Are PO1 Adrian's contentions correct? (2.5%)
XIV
Amoroso was· charged with treason before a military court martial. He was acquitted.
He was later charged with the same offense before a Regional Trial Court. He asks that the
information be quashed on the ground of double jeopardy.
The prosecution objects, contending that for purposes of double jeopardy, the military court martial
cannot be considered as a "competent court."
Should the Regional Trial Court grant Amoroso's motion to quash on the ground of double jeopardy?
(2.5%)
XV
Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant
Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau.
She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities
and a water system on the property donated, and to build an office building and parking lot thereon,
which should have been constructed and made ready for occupancy on or before the date fixed in
the deed of donation.
The Republic invoked state immunity and moved for the dismissal of the case on the ground that it
had not consented to be sued. Should the Republic's motion be granted? (2.5%)
XVI
Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage,
they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to
place their luggage on the examiner's table for inspection.
The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the
clothes inside the foreigners' bags. The examiner discovered white crystalline substances inside the
boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around
them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the
names of the foreigners one by one and ordered them to sign their names on the masking tape
placed on the boxes recovered from their respective bags. The contents of the boxes were thereafter
subjected to tests which confirmed that the substance was shabu.
Can the shabu found inside the boxes be admitted in evidence against the five foreigners for the
charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of
2002? (2.5%)
XVII
The police served a warrant of arrest on Ariston who was suspected of raping and killing a female
high school student. While on the way to the police station, one of the police officers who served the
warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded
and said, "Opo." Upon arriving at the police station, Ariston saw the City Mayor, whom he
approached and asked if they could talk privately. The Mayor led Ariston to his office and, while
there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the
student. The Mayor thereafter opened the door of the room to let the public and media
representatives witness Ariston's confession. In the presence of the Mayor, the police and the
media, and in response to questions asked by some members of the media, Ariston sorrowfully
confessed his guilt and sought forgiveness for his actions.
Which of these extrajudicial confessions, if any, would you consider as admissible in evidence
against Ariston? (5%)
XVIII
Two police teams monitored the payment of ransom in a kidnapping case.
The bag containing the ransom money was placed inside an unlocked trunk of a car which was
parked at the Angola Commercial Center in Mandaluyong City.
The first police team, stationed in an area near where the car was parked, witnessed the retrieval by
the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and
proceeded towards the direction of Amorsolo St. in Makati City where the second police team was
waiting.
Upon confirmation by radio report from the first police team that the kidnappers were heading
towards their direction, the second police team proceeded to conduct surveillance on the car of the
kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team
finally blocked it when it slowed down. The members of the second police team approached the
vehicle and proceeded to arrest the kidnappers.
Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)
XIX
President Alfredo died during his third year in office. In accordance with the Constitution, Vice
President Anastasia succeeded him. President Anastasia then nominated the late President
Alfredo's Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination
was confirmed by a majority of all the Members of the House of Representatives and the Senate,
voting separately.
(a) Is Anna Maria's assumption as Vice President valid? (2.5%)
(b) Can Anastasia run as President in the next election? (2.5%)
XX
Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADS) in its
headquarters in Manila. Both were charged with criminal acts before the local trial courts.
Andreas was caught importing illegal drugs into the country as part of his "personal effects" and was
thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal
proceedings could commence, the President had him deported as an undesirable alien. Aristotle
was charged with grave oral defamation for uttering defamatory words against a colleague at work.
In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from
the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine
Government and the ADS, the bank's officers and staff are immune from legal processes with
respect to acts performed by them in their official capacity.
(a) Can the President's act of deporting an undesirable alien be subject to judicial review?
(2.5%)
(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%)
-NOTHING FOLLOWS-
CRIMINAL LAW
November 17, 2019 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
examinations.

Chairperson
PART I
A.1.
Define/distinguish the following terms:

(a) Mala in se and mala prohibita (2%)
(b) Grave, less grave, and light felonies (3%)
(c) Aberratio ictus, error in personae, and praeter intentionem (3%)
A.2.
Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y's disregard for his feelings towards
her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of her with the
help of his buddies, A, B, and C.
On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C had a
change of heart and left. This notwithstanding, Mr. X, A, and B continued with the plan and abducted
Ms. Y by forcefully taking her to a deserted house away from the city. There, Mr. X restrained Ms.
Y's arms, while A held her legs apart. B stood as a lookout. Mr. X was then able to have carnal
knowledge of Ms. Y, who was resisting throughout the entire ordeal.
Consequently, Mr. X was charged with the crime of Forcible Abduction under the Revised Penal
Code.
(a) Is the charge against Mr. X proper? Explain. (3%)
(b) Assuming that A, B, and C are also charged, may they be held criminally liable
together with Mr. X? Explain. (2%)
A.3.
Mr. O, a 75-year old retiree who has been a widower for the last ten (10) years, believed that, at past
70, he is licensed to engage in voyeurism to satisfy his lustful desires. If not peeping into his
neighbors' room through his powerful single-cylinder telescope, he would trail young, shapely girls
along the hallways and corridors of shopping malls, While going up the escalator, he stayed a step
behind a mini-skirted, 20-year old girl, and in the heat of the moment, put his hand on her left buttock
and massaged it. The girl screamed and hollered for help. Mr. O was thus apprehended and
charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. Mr. O's counsel,
however, claimed that Mr. O should only be charged with the crime of Unjust Vexation.
Is the contention of Mr. O's counsel tenable? Explain (2.5%)
A.4.
In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the night of
May 15, 2010, Mr. R proceeded with his plan entered Mrs. V's bedroom by breaking one of the
windows from the outside. Finding Mrs. V sound asleep, he silently foraged through her cabinet, and
stashed all the bundles of cash and jewelries he could find.
As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and when he turned
around, he saw Mrs. V cocking a rifle which has pointed at him. Fearing for his life, Mr. R then
lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which
resulted in her death. Mr. R's deeds were discovered on the very same night as he was seen by law
enforcement authorities fleeing the crime scene.
(a) What crime/s did Mr. R commit under the Revised Penal Code? Explain (2.5%)
(b) Based on your answer in question (a), within what period should the prosecution
file the criminal charge against Mr. R in order to avoid prescription? Explain (2%)
(c) May Mr. R validly invoke the justifying circumstances of self-defense? Explain
(2.5%)
A.5.
In August 2018, B entered into a contract with S for the purchase of the latter's second-hand car in
the amount of ₱400,000.00 payable in two (2) equal monthly installments. Simultaneously with the
signing of the contract and S's turnover of the car keys, B executed, issued, and delivered two (2)
post-dated checks, all payable to S, with the assurances that they will be honored on their respective
maturity dates.
However, all two (2) checks were dishonored for being drawn against insufficient funds.
Consequently, notices therefore were duly issued to and received by B, but this notwithstanding, no
payment arrangements were made by him. Further, upon S's investigation, it was uncovered that B's
checking account had only ₱50,000.00 when its was opened in June 2018 and no further deposits
were made after that. S also found out that B knew fully well of such circumstance at the time he
issued the two (2) checks.
What crime/s should B be charges with and for how many counts? Explain (5%)
A.6.
Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous transgressions against
him, Mr. A planned to bum down Mr. B's rest house.
One night, Mr. A went to the rest house and started pouring gasoline on its walls. However, just as
Mr. A had lit the match for burning, he was discovered by Mr. B's caretaker, Ms. C, and was
consequently prevented from setting the rest house on fire. Mr. A was then charged with Frustrated
Arson.
(a) Is the charge of Frustrated Arson proper? Explain. (2%)
(b) Assuming that Mr. A successfully burned down Mr. B's rest house, and as a result,
Ms. C was trapped therein and was subsequently killed in the fire, what crime/s did Mr.
A commit? Explain. (3%)
A.7.
Mr. L is a newspaper reporter who writes about news items concerning the judiciary. Mr. L believed
that members of the judiciary can be criticized and exposed for the prohibited acts that they commit
by virtue of the public nature of their offices. Upon receiving numerous complaints from private
citizens, Mr. L released a scathing newspaper expose involving Judge G and his alleged acts
constituting graft and corruption. Consequently, Mr. L was charged with the crime of Libel.
In response, Mr. L contended that truth is a valid defense in Libel and in this relation, claimed that he
was only exposing the truth regarding Judge G's misdeeds. Further, Mr. L contended that in any
event, his expose on Judge G is based on the complaints he received from private citizens, and as
such, should be deemed as a mere fair commentary on a matter of public interest.
(a) Are the contentions of Mr. L tenable? Explain. (3%)
(b) What is the effect on the criminal liability of an accused if he or she publishes a
libelous article on an online news platform? Explain. (2 %)
A.8.
After a successful entrapment operation by the Philippine Drug Enforcement Agency, Mr. D, a
known drug pusher, was arrested on January 15, 2019 for having been caught in flagrante
delicto selling a pack of shabu, a prohibited drug, to the poseur-buyer. Consequently, Mr. D was
frisked by the arresting officer, and aluminum foils, plastic lighters, and another plastic sachet
of shabu were obtained from him. The items were marked immediately upon confiscation, and they
were likewise inventoried and photographed at the place of arrest. Throughout the process, a media
representative was able to witness the conduct of the marking, inventory, and photography of the
seized items in the presence of Mr. D.
Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of Dangerous Drugs.
In defense, he lamented that the chain of custody procedure under Section 21, Article II of the
Comprehensive Dangerous Drugs Act of 2002, as amended, was not followed because only a media
representative was present. In response, the prosecution maintained that the said media
representative was a very credible reporter and as such, the presence of any other witness was
unnecessary.
(a) Was the chain of custody procedure validly complied with in this case? If not, was
the deviation from such procedure justified? Explain. (3%)
(b) What is the consequence of an unjustified deviation from the chain of custody rule
to the criminal case against Mr. D? Explain. (2%)
A.9.
X and Y approached Mayor Z and requested him to solemnize their marriage. On the day of the
ceremony, X and Y proceeded to Mayor Z's office but he was not there. Mayor Z's chief of staff, Mr.
U, however, represented that he himself can solemnize their marriage and just have Mayor Z sign
the marriage certificate when the latter comes back. Consequently, upon X and Y's assent, Mr. U
solemnized the marriage, despite his lack of authority therefor.
(a) What crime may Mr. U be charged with under the Revised Penal Code (RPC)?
Explain. (2.5%)
(b) Assuming that Mayor Z signed the marriage certificate which stated that he
solemnized the marriage of X and Y, what crime may Mayor Z be charged with under
the RPC? Explain. (2.5%)
A.10.
Distinguish Rebellion under the Revised Penal Code and Terrorism under the Human
Security Act of 2007. (2.5%)
- END OF PART I -
PART II
B.11.
Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-
registered commercial vessel. While on board the vessel, which was still docked at the port of
Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front
portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise
onboard the ship.
Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and
then quickly stabbed her neck with a pocketknife, resulting in Ms. A's immediate death. Operatives
from the Philippine National Police - Maritime Command arrested Ms. M for the killing of Ms. A and
thereafter, intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the
provisions of the RPC cannot be applied and enforced against her because both she and the victim
are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered
vessel.
(a) Is Ms. M's contention against the application of the RPC against her tenable?
Explain. (3%)
(b) Assuming that the provisions of the RPC can be applied against Ms. M, what crime
under the RPC should she be charged with? Explain. (2%)
B.12.
In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and
was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he
was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and
hence, meted with the penalty of prision mayor for each count.
(a) What are the respective durations of the penalties of reclusion
perpetua and prision mayor? (3%)
(b) How long will Mr. N serve all his penalties of imprisonment? Explain. (2.5%)
(c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with respect to
his convictions for Murder and Grave Threats? Explain. (3%)
(d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)
B.13.
Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical Injuries, and
accordingly, was sentenced to suffer the penalty of imprisonment for an indeterminate period of six
(6) months of arresto mayor, as minimum, to four (4) years, two (2) months, and one (1) day
of prision correccional, as maximum. He was also ordered to pay the victim actual damages in the
amount of ₱50,000.00, with subsidiary imprisonment in case of insolvency.
Was the imposition of subsidiary imprisonment proper? Explain. (3%)
B.14.
Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This culminated in Mr. X
repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely
breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police
station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued
Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court
with Frustrated Homicide, to which he openly confessed his guilt upon arraignment.
(a) Based on the above-stated facts, what is/are the mitigating circumstance/s that
may be appreciated in favor of Mr. X. Explain. (2%)
(b) Under the Revised Penal Code, Homicide is punished with the penalty of reclusion
temporal. Without applying the Indeterminate Sentence Law, what penalty should be
imposed against Mr. X assuming that he is found guilty of the charge of Frustrated
Homicide, and that the presence of two (2) ordinary mitigating circumstances have
been duly alleged and proven? Explain. (3%)
B.15.
In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal Code. After
due proceedings, the Regional Trial Court found him guilty beyond reasonable doubt, and
accordingly, sentenced him to suffer the penalty of imprisonment for an indeterminate period of six
(6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and one (1) day,
of reclusion temporal, as maximum. Thereafter, Mr. P applied for probation.
(a) May Mr. P be extended the benefits of the Probation Law? Explain. (3%)
(b) In what instance may an accused who appeals a judgment of conviction still apply
for probation? Explain. (3%)
B.16.
Ms. E was charged with the complex crime of Estafa through Falsification of Public Documents
before the trial court. Prior to her arraignment, Ms. E moved for the dismissal of the criminal case
against her, pointing out that the private offended party is her biological father, and that such
relationship is an absolutory cause under Article 332 of the Revised Penal Code (RPC).
(a) Explain the concept of complex crimes under the RPC. (2%)
(b) Is Ms. E's contention correct? Explain. (3%)
B.17.
One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor Arbiter
assigned to the illegal dismissal case filed by certain employees against his company. During their
encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a favorable ruling. The
Labor Arbiter immediately rejected the offer and walked away.
(a) What crime did Mr. X commit under the Revised Penal Code (RPC), if any? Explain.
(2.5%)
(b) Assuming that Mr. X's offer was instead accepted, should the Labor Arbiter be held
liable for any crime under the RPC? If so, for what crime? May the Labor Arbiter also
be held liable for violation of the Anti-Graft and Corrupt Practices Act? Explain. (5%)
B.18.
A typhoon destroyed the houses of many of the inhabitants of Municipality M. Accordingly, the local
government passed an appropriation in the amount of ₱1,000,000.00 to implement a Calamity
Assistance Program for the typhoon victims, and the funds therefor were eventually earmarked for
the purpose. Upon the orders, however, of Mayor T of Municipality M, these funds were disbursed
for the reconstruction of the municipal hall which was substantially damaged by the typhoon.
According to Mayor T, the reconstruction of the municipal hall was a more pressing concern than the
relief program because the vital functions of the local government would be impeded if the said
structure would not be immediately fixed.
What crime did Mayor T commit under the Revised Penal Code? Explain. (2%)
B.19.
Ms. L, dean of a duly recognized private school, caught K, one of her students, vandalizing one of
the school's properties. Ms. L called K's attention and proceeded to scold him, causing a crowd to
gather around them. Embarrassed with the situation, K attacked Ms. L by repeatedly punching her
on the face. Just as K was about to strike Ms. L again, J, another student, intervened. K then turned
his anger on J and also hit him repeatedly, causing him physical injuries.
What crime/s did K commit under the Revised Penal Code for his acts against Ms.
Land J? Explain. (3%)
B.20.
Mr. S, a businessman and information technology practitioner, claimed to have devised an

innovative business model. He would diligently compile a list of known personalities and entities in
the fields of entertainment, arts, culture, and sports, and acquire numerous domain names in the
internet using the names of these known personalities and entities for the purpose of selling these
registered domain names to said personalities and entities in the future.
Does Mr. S's "innovative business model" expose him to any criminal liability under
the Cybercrime Prevention Act of 2012? If so, for what crime? Explain. (2.5%)
- END OF PART II -
Nothing follows
TAXATION LAW
November 10, 2019 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
examinations.

Chairperson
PART I
A.1.
On October 5, 2016, the Bureau of Internal Revenue (BIR) sent KLM Corp. a Final Assessment
Notice (FAN), stating that after its audit pursuant to a Letter of Authority duly issued therefor, KLM
Corp. had deficiency value-added and withholding taxes. Subsequently, a warrant of distraint and/or
levy was issued against KLM Corp. KLM Corp. opposed the actions of the BIR on the ground that it
was not accorded due process because it did not even receive a Preliminary Assessment Notice
(PAN) after the BIR' s investigation, which the BIR admitted.:
(a) Distinguish a PAN from a FAN.(2%)
(b) Are the deficiency tax assessment and warrant of distraint and/or levy issued
against KLM Corp. valid? Explain. (3%)
A.2.
For purposes of value-added tax, define, explain or distinguish the following terms:
(a) Input tax and output tax (3%)
(b) Zero-rated and effectively zero-rated transactions (3%)
(c) Destination principle (3%)
A.3.
All the homeowners belonging to ABC Village Homeowners' Association elected a new set of
members of the Board of Trustees for the Association effective January 2019. The first thing that the
Board looked into is the need to increase the prevailing association dues. Mr. X, one of the trustees,
proposed an increase of 100% to account for the payment of the 12% value-added tax (VAT) on the
association dues which were being collected for services allegedly rendered "in the course of trade
or business" by ABC Village Homeowners' Association.
(a) What constitutes transactions done "in the course of trade or business" for
purposes of applying VAT?(2%)
(b) Is Mr. X correct in stating that the association dues are subject to VAT? Explain.
(3%)
A.4.
Due to rising liquidity problems and pressure from its concerned suppliers, P Corp. instituted a flash
auction sale of its shares of stock. P Corp. was then able to sell its treasury shares to Z, Inc., an
unrelated corporation, for Pl,000,000.00, which was only a little below the valuation of P Corp. 's
shares based on its latest audited financial statements. In connection therewith, P Corp. sought a
Bureau of Internal Revenue ruling to confirm that, notwithstanding the price difference between the
selling price of the shares and their book value, the said transaction falls under one of the
recognized exemptions to donor's tax under the Tax Code.
(a) Cite the instances under the Tax Code where gifts made are exempt from donor's
tax.(3%)
(b) Does the above transaction fall under any of the exemptions? Explain. (2%)
A.5.
A, a resident Filipino citizen, died in December 2018. A's only assets consist of a house and lot in
Alabang, where his heirs currently reside, as well as a house in Los Angeles, California, USA. In
computing A's taxable net estate, his heirs only deducted: 1. ₱10,000,000.00 constituting the value
of their house in Alabang as their family home; and 2. ₱200,000.00 in funeral expenses because no
other expenses could be substantiated.
(a) Are both deductions claimed by A's heirs correct? Explain.(2%)
(b) May a standard deduction be claimed by A's heirs? If so, how much and what proof
needs to be presented for the same to be validly made?(2%)
(c) In determining the gross estate of A, should the heirs include A's house in Los
Angeles, California, USA? Explain.(2%)
A.6.
XYZ Air, a 100% foreign-owned airline company based and registered in Netherlands, is engaged in
the international airline business and is a member signatory of the International Air Transport
Association. Its commercial airplanes neither operate within the Philippine territory nor are its service
passengers embarking from Philippine airports. Nevertheless, XYZ Air is able to sell its airplane
tickets in the Philippines through ABC Agency, its general agent in the Philippines. As XYZ Air's
ticket sales, sold through ABC Agency for the year 2013, amounted to ₱5,000,000.00, the Bureau of
Internal Revenue (BIR) assessed XYZ Air deficiency income taxes on the ground that the income
from the said sales constituted income derived from sources within the Philippines.
Aggrieved, XYZ Air filed a protest, arguing that, as a non-resident foreign corporation, it should only
be taxed for income derived from sources within the Philippines. However, since it only serviced
passengers outside the Philippine territory, the situs of the income from its ticket sales should be
considered outside the Philippines. Hence, no income tax should be imposed on the same.
Is XYZ Air's protest meritorious? Explain.(5%)
A.7.
Differentiate tax exclusions from tax deductions.(3%)
A.8.
B transferred his ownership over a 1,000-square meter commercial land and three-door apartment to
ABC Corp., a family corporation of which B is a stockholder. The transfer was in exchange of 10,000
shares of stock of ABC Corp. As a result, B acquired 51 % ownership of ABC Corp., with all the
shares of stock having the right to vote. B paid no tax on the exchange, maintaining that it is a tax
avoidance scheme allowed under the law. The Bureau of Internal Revenue, on the other hand,
insisted that B's alleged scheme amounted to tax evasion.
Should B pay taxes on the exchange? Explain.(3%)
A.9.
GHI, Inc. is a corporation authorized to engage in the business of manufacturing ultra-high density
microprocessor unit packages. After its registration on July 5, 2005, GHI, Inc. constructed buildings
and purchased machineries and equipment. As of December 31, 2005, the total cost of the
machineries and equipment amounted to ₱250,000,000.00. However, GHI, Inc. failed to commence
operations. Its factory was temporarily closed effective September 15, 2010. On October 1, 2010, it
sold its machineries and equipment to JKL Integrated for ₱300,000,000.00. Thereafter, GHI, Inc.
was dissolved on November 30, 2010.
(a) Is the sale of the machineries and equipment to JKL Integrated subject to normal
corporate income tax or capital gains tax? Explain. (3%)
(b) Distinguish an ordinary asset from a capital asset.(2%)
A.10.
In 2018, City X amended its Revenue Code to include a new provision imposing a tax on every sale
of merchandise by a wholesaler based on the total selling price of the goods, inclusive of value-
added taxes (VAT). ABC Corp., a wholesaler operating within City X, challenged the new provision
based on the following contentions: 1. the new provision is a form of prohibited double taxation
because it essentially amounts to City X imposing VAT which was already being levied by the
national government; and 2. since the tax being imposed is akin to VAT, it is beyond the power of
City X to levy the same
Rule on each of ABC Corp.'s contentions. (5%)
- END OF PART I -
PART II
B.11.
Mr. D, a Filipino amateur boxer, joined an Olympic qualifying tournament held in Las Vegas, USA,
where he won the gold medal. Pleased with Mr. D's accomplishment, the Philippine Government,
through the Philippine Olympic Committee, awarded him a cash prize amounting to ₱1,000,000.00.
Upon receipt of the funds, he went to a casino in Pasay City and won the ₱30,000,000.00 jackpot in
the slot machine. The next day, he went to a nearby Lotto outlet and bought a Lotto ticket which won
him a cash prize of ₱5,000.00.
Which of the above sums of money is/are subject to income tax? Explain. (5%)
B.12.
JKL-Philippines is a domestic corporation affiliated with JKL-Japan, a Japan-based information

technology company with affiliates across the world. Mr. F is a Filipino engineer employed by JKL-
Philippines. In 2018, Mr. F was sent to the Tokyo branch of JKL-Japan based on a contract entered
into between the two (2) companies. Under the said contract, Mr. F would be compensated by JKL-
Philippines for the months spent in the Philippines, and by JKL-Japan for months spent in Japan. For
the entirety of 2018, Mr. F spent ten (10) months in the Tokyo branch.
On the other hand, Mr. J, a Japanese engineer employed by JKL-Japan, was sent to Manila to work
with JKL-Philippines as a technical consultant. Based on the contract between the two (2)
companies, Mr. J's annual compensation would still be paid by JKL-Japan. However, he would be
paid additional compensation by JKL-Philippines for the months spent working as a consultant. For
2018, Mr. J stayed in the Philippines for five (5) months.
In 2019, the Bureau of Internal Revenue (BIR) assessed JKL-Philippines for deficiency withholding
taxes for both Mr. F and Mr. J for the year 2018. As to Mr. F, the BIR argued that he is a resident
citizen; hence, his income tax should be based on his worldwide income. As to Mr. J, the BIR argued
that he is a resident alien; hence, his income tax should be based on his income from sources within
the Philippines at the schedular rate under Section 24 (A) (2) of the Tax Code, as amended by
Republic Act No. 10963, or the "Tax Reform for Acceleration and Inclusion" Law.
(a) ls the BIR correct in basing its income tax assessment on Mr. F's worldwide
income? Explain. (3%)
(b) Is the BIR correct in basing its income tax assessment on Mr. J's income within the
Philippines at the schedular rate? Explain. (3%)
B.13.
As a way to augment the income of the employees of DEF, Inc., a private corporation, the
management decided to grant a special stipend of ₱50,000.00 for the first vacation leave that any
employee takes during a given calendar year. In addition, the senior engineers were also given
housing inside the factory compound for the purpose of ensuring that there are available engineers
within the premises every time there is a breakdown in the factory machineries and equipment.
(a) Is the special stipend part of the taxable income of the employees receiving the
same? If so, what tax is applicable and what is the tax rate? Explain. (3%)
(b) Is the cash equivalent value of the housing facilities received by the senior
engineers subject to fringe benefits tax? Explain. (3%)
B.14.
City R owns a piece of land which it leased to V Corp. In turn, V Corp. constructed a public market
thereon and leased the stalls to vendors and small storeowners. The City Assessor then issued a
notice of assessment against V Corp. for the payment of real property taxes (RPT) accruing on the
public market building, as well as on the land where said market stands.
Is the City Assessor correct in including the land in its assessment of RPT against V
Corp., even if the same is owned by City R? Explain. (3%)
B.15.
Mr. C is employed as a Chief Executive Officer of MNO Company, receiving an annual

compensation of ₱10,000,000.00, while Mr. S is a security guard in the same company earning an
annual compensation of ₱200,000.00. Both of them source their income only from their employment
with MNO Company.
(a) At the end of the year, is Mr. C personally required to file an annual income tax
return? Explain. (2.5%)
(b) How about Mr. S? Is he personally required to file an annual income tax return?
Explain. (2.5%)
B.16.
(a) Differentiate between a calendar year and a fiscal year. (2.5%)
(b) When is the deadline for the filing of a corporation's final adjustment return for a
calendar year? How about for a fiscal year? (2.5%)
B.17.
XYZ Corp. is listed as a top 20,000 Philippine corporation by the Bureau of Internal Revenue. It
secured a loan from ABC Bank with a 6% per annum interest. All interest payments made by XYZ
Corp. to ABC Bank is subject to a 2% creditable withholding tax. At the same time, XYZ Corp. has a
trust deposit with ABC Bank in the amount of ₱100,000,000.00, which earns 2% interest per annum,
but is subject to a 20% final withholding tax on the interest income received by XYZ Corp.
(a) Who are the withholding agents in the case of: 1. the 20% final withholding tax; and
2. the 2% creditable withholding tax? Explain. (2.5%)
(a) When is the deadline for filing a judicial claim for refund for any excess or
erroneous taxes paid in the case of: 1. the 20% final withholding tax; and 2. the 2%
creditable withholding tax? (2.5%)
B.18.
After a Bureau of Internal Revenue (BIR) audit, T Corp., a domestic corporation engaged in buying
and selling of scrap metals, was found to have deficiency income tax of ₱25,000,000.00, including
interests and penalties, for the year 2012. For 2012, T Corp. filed its income tax return (ITR) on April
15, 2013 because it used the calendar year for its accounting. The BIR sent the Preliminary
Assessment Notice (PAN) on December 23, 2015, and eventually, the Final Assessment Notice
(FAN) on April 11, 2016, which were received by T Corp. on the same dates that they were sent.
Upon receipt of the FAN, T Corp. filed its protest letter on June 25, 2016.
Thereafter, and without action from the Commissioner of Internal Revenue (CIR), T Corp. filed a
petition for review before the Court of Tax Appeals, alleging that the assessment has prescribed. For
its part, the CIR moved to dismiss the case, pointing out that the assessment had already become
final because the protest was filed beyond the allowable period.
(a) Is T Corp.'s contention regarding the prescription of the assessment meritorious?

Explain. (2.5%)
(b) Should the CIR's motion to dismiss be granted? Explain. (2.5%)
B.19.
On May 10, 2011, the final withholding tax for certain income payments to W Corp. was withheld and
remitted to the Bureau of Internal Revenue (BIR), and the corresponding return therefor was
concomitantly filed on the same date. Upon discovering that the amount withheld was excessive, W
Corp. filed with the BIR a claim for refund for erroneously withheld and collected final withholding
income tax on May 3, 2013. A week after, and without waiting for any decision from the
Commissioner of Internal Revenue (CIR), W Corp. filed a petition for review before the Court of Tax
Appeals (CTA) to make sure that the petition was filed within the two (2)-year period for claiming
refunds.
In resisting the claim, the BIR contended that the claim must be dismissed by the CT A on the
ground of non-exhaustion of administrative remedies because it did not give the CIR the opportunity
to act on the claim of refund.
(a) Is the BIR's contention meritorious? Explain. (2.5%)
(b) Assuming that the claim for refund filed by W Corp. is for excess and/or unutilized
input VAT for the second quarter of 2011, and for which the return was timely filed on
July 25, 2011, would your answer be the same? Explain. (2.5%)
B.20.
ABC, Inc. owns a 950-square meter commercial lot in Quezon City. It received a notice of
assessment from the City Assessor, subjecting the property to real property taxes (RPT). Believing
that the assessment was erroneous, ABC, Inc. filed a protest with the City Treasurer. However, for
failure to pay the RPT, the City Treasurer dismissed the protest.
(a) Was the City Treasurer correct in dismissing ABC, Inc.'s protest? Explain. (2.5%)
(b) Assuming that ABC, Inc. decides to appeal the dismissal, where should the appeal
be filed? (2.5%)
- END OF PART II -
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2019 BAR EXAMINATIONS

November 10, 2019 8:00 A.M. - 12:00 P.M.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE ESTELA M. PERLAS-BERNABE

In what instance/s is a judicial declaration of presumptive death necessary? In this

(a) Should Mr. Reyes be granted custody of C? Explain. (2.5%)

(a) Is the donation to Z valid? Explain. (3%)

(a) Absolute community of property (2%)

(b) Conjugal partnership of gains (2%)

(a) Is the claim of Mr. A correct? Explain. (3%)

(a) What is a usufruct? (2%)

(b) Is Ms. U's demand proper? Explain. (3%)

Is X, Inc.'s position tenable? Explain. (3%)

(a) Was the disinheritance of Z proper? Explain. (3%)

Is the position of Mr. P correct? Explain. (3%)

(a) May Mr. A validly claim legal compensation? Explain. (2%)

(c) Is Mr. B's claim of novation correct? Explain. (2%)

Distinguish the following:

(a) Contract of sale and contract to sell (2%)

(b) Interruption and tolling of prescription of actions (2%)

November 17, 2019 8:00 A.M. - 12:00 P.M.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE ESTELA M. PERLAS-BERNABE

Define the following terms:

(b) Unfair competition (2%)

(c) Insurable interest in property (2%)

(d) Splitting of deposits (2%)

(a) What is a derivative suit? (2%)

(b) Is Ms. Z's contention correct? Explain. (3%)

(a) Should Mr. P be held liable? Explain. (2.5%)

(b) Should Y, Inc. be held liable? Explain. (2.5%)

(a) Is the case filed by Mr. Y against Z Company considered an intra-corporate

Rule on each of XYZ Insurance Co.'s contentions. (5%)

(a) What is the doctrine of fair use? (2%)

(b) Should X Pharmaceuticals, Inc.'s patent application for Disilopis be granted?

Is XYZ, Inc. required to conduct a tender offer? Explain. (3%)

(a) Is the information disclosed by Mr. P to Mr. B considered as material nonpublic

(b) Is Bank U's contention tenable? Explain. (2.5%)

(a) May LMN, Inc. be considered a common carrier? Explain. (3%)

(a) Is Bank I's refusal to reimburse Bank C warranted? Explain. (3%)

November 3, 2019 2:00 P.M. - 6:00 P.M

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE ESTELA M. PERLAS-BERNABE

Define, explain or distinguish the following terms:

(a) Just and authorized causes (2%)

(c) Strikes and lockouts (2%)

(d) Bona fide occupational qualifications (2%)

(e) Grievance machinery (2%)

(a) What is the control test in determining the existence of an employer-employee?

(a) Is the contention of X tenable? Explain. (2.5%)

Is the argument of D tenable? Explain. (2.5%)

(a) Is Q Manpower Co. a labor-only contractor? Explain. (2.5%)

(a) Money claims arising from employer-employee relations (1%)

(b) Illegal dismissal (1%)

(d) Offenses under the Labor Code (1%)

(e) Illegal recruitment (1%)

(a) Secretary of Labor (2%)

(b) Bureau of Labor Relations (2%)

(c) Voluntary Arbitrators (2%)

(a) What is wage distortion? (2%)

(c) Assuming that Seafarer G failed to submit himself to a post-employment medical

(a) Is Ms. A a probationary, fixed-term, or regular employee? Explain your reasons as

Discuss the differences between compulsory and voluntary/optional retirement as