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-I-
(b) To give the much needed help to the Province of Aurora which was
devastated by typhoons and torrential rains, the President declared it
in a state of calamity. Give at least four (4) legal effects of such
declaration. (4%)
(c) Enumerate the rights of the coastal state in the exclusive economic
zone. (3%)
- II -
(1.) Italy, through its Ambassador, entered into a contract with Abad
for the maintenance and repair of specified equipment at its Embassy
and Ambassadors Residence, such as air conditioning units, generator
sets, electrical facilities, water heaters, and water motor pumps. It was
stipulated that the agreement shall be effective for a period of four
years and automatically renewed unless cancelled. Further, it provided
that any suit arising from the contract shall be filed with the proper
courts in the City of Manila. Claiming that the Maintenance Contract
was unilaterally, baselessly and arbitrarily terminated, Abad sued the
State of Italy and its Ambassador before a court in the City of Manila.
Among the defenses they raised were sovereign immunity and
diplomatic immunity.
(b) At any rate, what should be the courts ruling on the said defenses?
(5%)
(2.) Adams and Baker are American citizens residing in the Philippines.
Adams befriended Baker and became a frequent visitor at his house.
One day, Adams arrived with 30 members of the Philippine National
Police, armed with a Search Warrant authorizing the search of Bakers
house and its premises for dangerous drugs being trafficked to the
United States of America. The search purportedly yielded positive
results, and Baker was charged with Violation of the Dangerous Drugs
Act. Adams was the prosecutions principal witness. However, for
failure to prove his guilt beyond reasonable doubt, Baker was
acquitted. Baker then sued Adams for damages for filing trumped-up
charges against him. Among the defenses raised by Adams is that he
has diplomatic immunity, conformably with the Vienna Convention on
Diplomatic Relations. He presented Diplomatic Notes from the
American Embassy stating that he is an agent of the United States
Drug Enforcement Agency tasked with conducting surveillance
operations on suspected drug dealers in the Philippines believed to be
the source of prohibited drugs being shipped to the U.S. It was also
stated that after having ascertained the target, Adams would then
inform the Philippine narcotic agents to make the actual arrest.
(a) As counsel of plaintiff Baker, argue why his complaint should not be
dismissed on the ground of defendant Adams diplomatic immunity
from suit.
(b) As counsel of defendant Adams, argue for the dismissal of the
complaint. (5%)
- IV -
(a) What is your concept of Human Rights? Does this case involve
violations of human rights within the scope of the CHRs jurisdiction?
-V-
(1.) Bruno still had several years to serve on his sentence when he was
conditionally pardoned by the President. Among the conditions
imposed was that he would not again violate any of the penal laws of
the Philippines. Bruno accepted all of the conditions and was released.
Shortly thereafter, Bruno was charged with 20 counts of estafa. He was
then incarcerated to serve the unexpired portion of his sentence
following the revocation by the President of the pardon. Brunos family
filed a petition for habeas corpus, alleging that it was error to have him
recommitted as the charges were false, in fact, half of them were
already dismissed. Resolve the petition with reasons. (4%)
(a) Does the phrase unless sooner terminated mean that the position
of Ricardo is terminable at will?
(b) Was Ricardo removed from his position as Dean of the College of
Education or merely transferred to the position of Special Assistant to
the President? Explain. (5%)
(3.) Pedro Masipag filed with the Ombudsman a complaint against RTC
Judge Jose Palacpac with violation of Article 204 of the Revised Penal
Code for knowingly rendering an unjust judgment in Criminal Case No.
617. Judge Palacpac filed a motion with the Ombudsman to refer the
complaint to the Supreme Court to determine whether an
administrative aspect was involved in the said case. The Ombudsman
denied the motion on the ground that no administrative case against
Judge Palacpac relative to the decision in Criminal Case No. 617 was
filed and pending in his office. State with reasons whether the
Ombudsmans ruling is correct. (4%)
- VI -
(1.) The two accepted tests to determine whether or not there is a valid
delegation of legislative power are the Completeness Test and the
Sufficient Standard Test. Explain each. (4%) (2.) Section 32 of Republic
Act No. 4670 (The Magna Carta for Public School Teachers) reads: Sec.
32. Penal Provision.A person who shall willfully interfere with, restrain
or coerce any teacher in the exercise of his rights guaranteed by this
Act or who shall in any other manner commit any act to defeat any of
the provisions of this Act shall, upon conviction, be punished by a fine
of not less than one hundred pesos nor more than one thousand pesos,
or by imprisonment, in the discretion of the court.
- VII -
- VIII -
(1.) Mariano was arrested by the NBI as a suspect in the shopping mall
bombings. Advised of his rights, Mariano asked for the assistance of his
relative, Atty. Santos. The NBI noticed that Atty. Santos was
inexperienced, incompetent and inattentive. Deeming him unsuited to
protect the rights of Mariano, the NBI dismissed Atty. Santos. Appointed
in his place was Atty. Barroso, a bar topnotcher who was in the
premises visiting a relative. Atty. Barroso ably assisted Mariano when
the latter gave a statement. However, Mariano assailed the
investigation claiming that he was deprived of counsel of his choice.
Was the NBI correct in dismissing Atty. Santos and appointing Atty.
Barroso in his stead?
(2.) Emilio had long suspected that Alvin, his employee, had been
passing trade secrets to his competitor, Randy, but he had no proof.
One day, Emilio broke open the desk of Alvin and discovered a letter
wherein Randy thanked Alvin for having passed on to him vital trade
secrets of Emilio. Enclosed in the letter was a check for P50,000.00
drawn against the account of Randy and payable to Alvin. Emilio then
dismissed Alvin from his employment. Emilios proof of Alvins perfidy
are the said letter and check which are objected to as inadmissible for
having been obtained through an illegal search. Alvin filed a suit
assailing his dismissal.
- IX -
(1.) In the May 8, 1995 elections for local officials whose terms were to
commence on June 30, 1995, Ricky filed on March 20, 1995 his
certificate of candidacy for the Office of Governor of Laguna. He won,
but his qualifications as an elected official was questioned. It is
admitted that he is a repatriated Filipino citizen and a resident of the
Province of Laguna. To be qualified for the office to which a local official
has been elected, when at the latest should he be:cralaw
(b) How would you rule on whether or not Manuel is eligible to run as
Mayor of the newly-created City of Tuba immediately after having
already served for three (3) consecutive terms as Mayor of the
Municipality of Tuba?
-X-
NOTHING FOLLOWS.
-I-
Which of the following courses of action should you take to best protect
the interests of your company and employees?
(b) Recognize Union B because you do not want to antagonize its leftist
connections and foment inter-union conflicts;
(c) Ignore the demands of either union since you cannot be compelled
legally to deal with them at this stage; or
Was the Little Hands Garments Company within its rights to withdraw
this benefit which it had unilaterally been providing to its employees?
Select the best answer(s) and briefly explain your reason(s) therefor.
(e) No, because it is a fringe benefit that has already ripened into a
demandable right or entitlement. (10%)
- II -
(c) How are the portability provisions of Republic Act No. 7699
beneficial or advantageous to SSS and GSIS members in terms of their
creditable employment services in the private sector or the
government, as the case may be, for purposes of death, disability or
retirement? (3%)
(a) If you were ABCs legal counsel, how would you respond to this
demand?
- III -
(1.) Antonio Antuquin, a security guard, was caught sleeping on the job
while on duty at the Yosi Cigarette Factory. As a result, he was
dismissed from employment by the Wagan Security Agency, an
independent contractor. At the time of his dismissal, Antonio had been
serving as a watchman in the factory for many years, often at
stretches of up to 12 hours, even on Sundays and holidays, without
overtime, nighttime and rest day benefits. He thereafter filed a
complaint for illegal dismissal and non-payment of benefits against Yosi
Cigarette Factory, which he claimed was his actual and direct
employer.
As the Labor Arbiter assigned to hear the case, how would you
correctly resolve the following:cralaw
- IV -
(1.) Malyn Vartan is a well-known radio-TV talk show host. She signed a
contract with XYZ Entertainment Network to host a one-hour daily talk
show where she interviews various celebrities on topical subjects that
she herself selects. She was paid a monthly remuneration of
P300,000.00. The program had been airing for almost two years when
sponsors advertising revenues dwindled, constraining the network to
cancel the show upon the expiration of its latest contract with Ms.
Vartan. The talk-show host protested the discontinuance of her
monthly talent fee, claiming that it was tantamount to her illegal
dismissal from the network since she has already attained the status of
a regular employee.
(a) As the networks legal counsel, how would you justify its decision to
cancel Ms. Vartans program which in effect terminated her services in
the process?
(b) As counsel for the talk-show host, how would you argue your case?
(6%)
-V-
(a) Araw ng Kagitingan and Good Friday are among the 10 paid regular
holidays under Article 94 of the Labor Code. How much will an
employee receive when both holidays fall on the same day? (4%)
- VI -
- VII -
(1.) Ricky Marvin had worked for more than ten (10) years in IGB
Corporation. Under the terms of the personnel policy on retirement,
any employee who had reached the age of 65 and completed at least
ten (10) years of service would be compulsorily retired and paid 30
days pay for every year of service.
Ricky Marvin, whose immigrant visa to the USA had just been
approved, celebrated his 60th birthday recently. He decided to retire
and move to California where the son who petitioned him had settled.
The company refused to grant him any retirement benefits on the
ground that he had not yet attained the compulsory retirement age of
65 years as required by its personnel policy; moreover, it did not have
a policy on optional or early retirement.
Taking up the cudgels for Ricky Marvin, the union raised the issue in
the grievance machinery as stipulated in the CBA. No settlement was
arrived at, and the matter was referred to voluntary arbitration.
If you were the Voluntary Arbitrator, how would you decide? Briefly
explain the reasons for your award. (5%)
(2.) Carissa, a comely bank teller, was due for her performance
evaluation which is conducted every six months. A rating of
outstanding is rewarded with a merit increase. She was given a
below average rating in the last two periods. According to the banks
personnel policy, a third rating of below average will result in
termination. Mr. Perry Winkle called Carissa into his office a few days
before submitting her performance ratings. He invited her to spend the
night with him in his rest house. She politely declined. Undaunted, Mr.
Winkle renewed his invitation, and Carissa again declined. He then
warned her to watch out because she might regret it later on. A few
days later, Carissa found that her third and last rating was again
below average.chanroblesvirtualawlibrary
Carissa then filed a complaint for sexual harassment against Mr. Winkle
with the Department of Labor and Employment. In his counter-affidavit,
he claimed that he was enamored with Carissa. He denied having
demanded, much less received any sexual favors from her in
consideration of giving her an outstanding rating. He also alleged
that the complaint was premature because Carissa failed to refer the
matter to the Committee on Decorum and Discipline for investigation
and resolution before the case against him was filed. In her reply
affidavit, Carissa claimed that there was no need for a prior referral to
the Committee on Decorum and Discipline of her complaint.
- VIII -
- IX -
Six months after the expiration of her last contract, Kitchie went to
HITECs personnel department to inquire why she was not yet being
recalled for another temporary contract. She was told that her
performance during her last stint was below average. Since there
was no union to represent her,
NOTHING FOLLOWS.
TAXATION
-I-
- II -
(1.) Explain briefly whether the following items are taxable or non-
taxable:cralaw
(2.) State and discuss briefly whether the following cases may be
compromised or may not be compromised:cralaw
a) Delinquent accounts;
(1.) A city outside of Metro Manila plans to enact an ordinance that will
impose a special levy on idle lands located in residential subdivisions
within its territorial jurisdiction in addition to the basic real property
tax. If the lot owners of a subdivision located in the said city seek your
legal advice on the matter, what would your advice be? Discuss. (5%)
- IV -
(1.) State with reasons the tax treatment of the following in the
preparation of annual income tax returns:cralaw
(2.) a) State the conditions required by the Tax Code before the
Commissioner of Internal Revenue could authorize the refund or credit
of taxes erroneously or illegally received.
b) Does a withholding agent have the right to file an application for tax
refund? Explain. (5%)
-V-
- VI -
Is Danilo liable for the deficiency tax and the penalties thereon?
- VII -
- VIII -
- IX -
Are such benefits taxable and subject to withholding tax under the Tax
Code?
-X-
May the Church claim tax exemption on the entire land? Decide with
reasons. (5%)
- XI -
If you decide to purchase the car, is the sale subject to tax? Explain.
(5%)
- XII -
(a) bank deposits with Citibank Makati and Citibank Orlando, Florida;
- XIII -
Josel agreed to sell his condominium unit to Jess for P2.5 Million. At the
time of the sale, the property had a zonal value of P2.0 Million. Upon
the advice of a tax consultant, the parties agreed to execute two deeds
of sale, one indicating the zonal value of P2.0 Million as the selling
price and the other showing the true selling price of P2.5 Million. The
tax consultant filed the capital gains tax return using the deed of sale
showing the zonal value of P2.0 Million as the selling price.
- XIV -
(1.) Mr. Fermin, a resident of Quezon City, is a Certified Public
Accountant-Lawyer engaged in the practice of his two professions. He
has his main office in Makati City and maintains a branch office in Pasig
City. Mr. Fermin pays his professional tax as a CPA in Makati City and
his professional tax as a lawyer in Pasig City.
a) May Makati City, where he has his main office, require him to pay his
professional tax as a lawyer? Explain.
b) May Quezon City, where he has his residence and where he also
practices his two professions, go after him for the payment of his
professional tax as a CPA and a lawyer? Explain. (5%)
(2.) In 1995, the BIR filed before the Department of Justice (DOJ) a
criminal complaint against a corporation and its officers for alleged
evasion of taxes. The complaint was supported by a sworn statement
of the BIR examiners showing the computation of the tax liabilities of
the erring taxpayer. The corporation filed a motion to dismiss the
criminal complaint on the ground that there has been, as yet, no
assessment of its tax liability; hence, the criminal complaint was
premature. The DOJ denied the motion on the ground that an
assessment of the tax deficiency of the corporation is not a
precondition to the filing of a criminal complaint and that in any event,
the joint affidavit of the BIR examiners may be considered as an
assessment of the tax liability of the corporation.
NOTHING FOLLOWS.
CIVIL LAW
-I-
Gabby and Mila got married at Lourdes Church in Quezon City on July
10, 1990. Prior thereto, they executed a marriage settlement whereby
they agreed on the regime of conjugal partnership of gains. The
marriage settlement was registered in the Register of Deeds of Manila,
where Mila is a resident. In 1992, they jointly acquired a residential
house and lot, as well as a condominium unit in Makati. In 1995, they
decided to change their property relations to the regime of complete
separation of property. Mila consented, as she was then engaged in a
lucrative business. The spouses then signed a private document
dissolving their conjugal partnership and agreeing on a complete
separation of property.
In the year 2000, Milas business venture failed, and her creditors sued
her for P10,000,000.00. After obtaining a favorable judgment, the
creditors sought to execute on the spouses house and lot and
condominium unit, as well as Gabbys mansion and agricultural land.
- II -
In 1985, Sonny and Lulu, both Filipino citizens, were married in the
Philippines. In 1987, they separated, and Sonny went to Canada, where
he obtained a divorce in the same year. He then married another
Filipina, Auring, in Canada on January 1, 1988. They had two sons,
James and John. In 1990, after failing to hear from Sonny, Lulu married
Tirso, by whom she had a daughter, Verna. In 1991, Sonny visited the
Philippines where he succumbed to heart attack.
b) Explain the status of the marriage between Sonny and Auring. (2%)
c) Explain the status of the marriage between Lulu and Tirso. (2%)
- III -
Emil, the testator, has three legitimate children, Tom, Henry and
Warlito; a wife named Adette; parents named Pepe and Pilar; an
illegitimate child, Ramon; brother, Mark; and a sister, Nanette. Since
his wife Adette is well-off, he wants to leave to his illegitimate child as
much of his estate as he can legally do. His estate has a net amount of
P1,200,000.00, and all the above-named relatives are still living. Emil
now comes to you for advice in making a will.
How will you distribute his estate according to his wishes without
violating the law on testamentary succession? (5%)
- IV -
a) Does Joey have a cause of action against Tintin for recognition and
partition? Explain. (2%)
c) Supposing that Joey died during the pendency of the action, should
the action be dismissed? Explain. (2%)
-V-
In 1984, Eva, a Filipina, went to work as a nurse in the USA. There, she
met and fell in love with Paul, an American citizen, and they got
married in 1985. Eva acquired American citizenship in 1987. During
their sojourn in the Philippines in 1990, they filed a joint petition for the
adoption of Vicky, a 7-year old daughter of Evas sister. The
government, through the Office of the Solicitor General, opposed the
petition on the ground that the petitioners, being both foreigners, are
disqualified to adopt Vicky.
c) Supposing that they filed the petition to adopt Vicky in the year
2000, will your answer be the same? Explain. (2%)
- VI -
Hans Herber, a German national, and his Filipino wife, Rhoda, are
permanent residents of Canada. They desire so much to adopt Magno,
an 8-year old orphaned boy and a baptismal godson of Rhoda. Since
the accidental death of Magnos parents in 2004, he has been staying
with his aunt who, however, could hardly afford to feed her own family.
Unfortunately, Hans and Rhoda cannot come to the Philippines to
adopt Magno although they possess all the qualifications as adoptive
parents.
- VII -
b) Could Ernie close the pathway and refuse to let the buyers pass?
Give reasons. (2%)
c) What are the rights of the lot buyers, if any? Explain. (2%)
- VIII -
- IX -
-X-
- XI -
a) Who shall bear the P15,000.00 spent for the repair of the van?
Explain. (2%)
b) Who shall bear the costs for the vans fuel, oil and other materials
while it was with Tito? Explain. (2%)
c) Does Pedro have the right to retrieve the van even before the lapse
of one year? Explain. (2%)
d) Who shall bear the expenses for the accidental damage caused by
the cargo truck, granting that the truck driver and truck owner are
insolvent? Explain. (2%)
- XII -
- XIII -
Rod, the owner of an FX taxi, found in his vehicle an envelope
containing TCT No. 65432 over a lot registered in Cesars name. Posing
as Cesar, Rod forged Cesars signature on a Deed of Sale in Rods
favor. Rod registered the said document with the Register of Deeds,
and obtained a new title in his name. After a year, he sold the lot to
Don, a buyer in good faith and for value, who also registered the lot in
his name.
c) In an ejectment case filed by Don against Cesar, can the latter ask
for the cancellation of Dons title considering that he (Cesar) is the
rightful owner of the lot? Explain. (2%)
- XIV -
- XV -
Under the law on quasi-delict, aside from the persons who caused
injury to persons, who else are liable under the following
circumstances:cralaw
a) When a 7-year-old boy injures his playmate while playing with his
fathers rifle. Explain. (2%)
b) When a domestic helper, while haggling for a lower price with a fish
vendor in the course of buying foodstuffs for her employers family,
slaps the fish vendor, causing her to fall and sustain injuries. Explain.
(2%)
- XVI -
Dr. and Mrs. Almeda are prominent citizens of the country and are
frequent travelers abroad. In 1996, they booked round-trip business
class tickets for the Manila-Hong Kong-Manila route of the Pinoy
Airlines, where they are holders of Gold Mabalos Class Frequent Flier
cards. On their return flight, Pinoy Airlines upgraded their tickets to
first class without their consent and, inspite of their protestations to be
allowed to remain in the business class so that they could be with their
friends, they were told that the business class was already fully
booked, and that they were given priority in upgrading because they
are elite members/holders of Gold Mabalos Class cards. Since they
were embarrassed at the discussions with the flight attendants, they
were forced to take the flight at the first class section apart from their
friends who were in the business class. Upon their return to Manila,
they demanded a written apology from Pinoy Airlines. When it went
unheeded, the couple sued Pinoy Airlines for breach of contract
claiming moral and exemplary damages, as well as attorneys fees.
NOTHING FOLLOWS.
MERCANTILE LAW
-I-
(3.) State and explain whether the following are negotiable instruments
under the Negotiable Instruments Law:cralaw
- II -
(1.) Dagul has a business arrangement with Facundo. The latter would
lend money to another, through Dagul, whose name would appear in
the promissory note as the lender. Dagul would then immediately
indorse the note to Facundo.
(3.) Brad was in desperate need of money to pay his debt to Pete, a
loan shark. Pete threatened to take Brads life if he failed to pay. Brad
and Pete went to see Seorita Isobel, Brads rich cousin, and asked her
if she could sign a promissory note in his favor in the amount of
P10,000.00 to pay Pete. Fearing that Pete would kill Brad, Seorita
Isobel acceded to the request. She affixed her signature on a piece of
paper with the assurance of Brad that he will just fill it up later. Brad
then filled up the blank paper, making a promissory note for the
amount of P100,000.00. He then indorsed and delivered the same to
Pete, who accepted the note as payment of the debt.
- III -
(1.) Under what conditions may a stock corporation acquire its own
shares? (2%)
(2.) Janice rendered some consultancy work for XYZ Corporation. Her
compensation included shares of stock therein.
Can XYZ Corporation issue shares of stock to pay for the services of
Janice as its consultant?
- IV -
b) Can Divine Corporation sell the aforesaid items to its competitor, Top
Grade Fashion Corporation?
-V-
c) From what funds are cash and stock dividends sourced? Explain why.
(2%)
(2.) A Korean national joined a corporation which is engaged in the
furniture manufacturing business. He was elected to the Board of
Directors. To complement its furniture manufacturing business, the
corporation also engaged in the logging business.
With the additional logging activity, can the Korean national still be a
member of the Board of Directors? Explain. (3%)
- VI -
- VII -
(2.) Malyn, Schiera and Jaz are the directors of Patio Investments, a
close corporation formed to run the Patio Caf, an al fresco coffee shop
in Makati City. In 2000, Patio Caf began experiencing financial
reverses, consequently, some of the checks it issued to its beverage
distributors and employees bounced. In October 2003, Schiera
informed Malyn that she found a location for a second caf in Taguig
City. Malyn objected because of the dire financial condition of the
corporation. Sometime in April 2004, Malyn learned about Fort Patio
Caf located in Taguig City and that its development was undertaken
by a new corporation known as Fort Patio, Inc., where both Schiera and
Jaz are directors. Malyn also found that Schiera and Jaz, on behalf of
Patio Investments, had obtained a loan of P500,000.00, from PBCom
Bank, for the purpose of opening Fort Patio Caf. This loan was secured
by the assets of Patio Investments and personally guaranteed by
Schiera and Jaz. Malyn then filed a corporate derivative action before
the Regional Trial Court of Makati City against Schiera and Jaz, alleging
that the two directors had breached their fiduciary duties by
misappropriating money and assets of Patio Investments in the
operation of Fort Patio Caf.
a) Did Schiera and Jaz violate the principle of corporate opportunity?
Explain.
b) Was it proper for Malyn to file a derivative suit with a prayer for
injunctive relief? Explain.
- VIII -
c) Assuming that Aaron has guarantors for his debts, are the
guarantors released from their obligations once Aaron is discharged
from his debts? Explain.
- IX -
Can Jacob still add Yob and Jojo as his beneficiaries? Explain. (2%)
-X-
(1.) M/V Pearly Shells, a passenger and cargo vessel, was insured for
P40,000,000.00 against constructive total loss. Due to a typhoon, it
sank near Palawan. Luckily, there were no casualties, only injured
passengers. The shipowner sent a notice of abandonment of his
interest over the vessel to the insurance company which then hired
professionals to afloat the vessel for P900,000.00. When re-floated, the
vessel needed repairs estimated at P2,000,000.00. The insurance
company refused to pay the claim of the shipowner, stating that there
was no constructive total loss.
- XI -
- XII -
- XIII -
(1.) Discuss the kabit system in land transportation and its legal
consequences. (2%)
Procopio sued Emmanuel for damages, but the latter moved to dismiss
the case on the ground that Procopio is not the real party in interest
since he is not the registered owner of the jeepney. Resolve the motion
with reasons. (3%)
- XIV -
(1.) On a clear weather, M/V Sundo, carrying insured cargo, left the
port of Manila bound for Cebu. While at sea, the vessel encountered a
strong typhoon forcing the captain to steer the vessel to the nearest
island where it stayed for seven days. The vessel ran out of provisions
for its passengers. Consequently, the vessel proceeded to Leyte to
replenish its supplies.
(2.) Star Shipping Lines accepted 100 cartons of sardines from Master
to be delivered to 555 Company in Manila. Only 88 cartons were
delivered, however, these were in bad condition. 555 Company
claimed from Star Shipping Lines the value of the missing goods, as
well as the damaged goods. Star Shipping Lines refused because the
former failed to present a bill of lading.
- XV -
a) Which of the two corporations has a better right to use the logo and
the tradename? Explain.
c) Supposing Joab got wind of the inventions of his employees and also
laid claim to the patents, asserting that Cezar and Francis were using
his materials and company time in making the devices, will his claim
prevail over those of his employees? Explain. (5%)
NOTHING FOLLOWS.
CRIMINAL LAW
-I-
(4.) Taking into account the nature and elements of the felonies of coup
d etat and rape, may one be criminally liable for frustrated coup d
etat or frustrated rape? Explain. (2%)
- II -
(1.) Belle saw Gaston stealing the prized cock of a neighbor and
reported him to the police. Thereafter, Gaston, while driving a car saw
Belle crossing the street. Incensed that Belle had reported him, Gaston
decided to scare her by trying to make it appear that he was about to
run her over. He revved the engine of his car and drove towards her
but he applied the brakes. Since the road was slippery at that time, the
vehicle skidded and hit Belle causing her death.
- III -
(2.) E and M are convicted of a penal law that imposes a penalty of fine
or imprisonment or both fine and imprisonment. The judge sentenced
them to pay the fine, jointly and severally, with subsidiary
imprisonment in case of insolvency.
a) Is the penalty proper? Explain.
(3.) The accused was found guilty of 10 counts of rape for having
carnal knowledge with the same woman. In addition to the penalty of
imprisonment, he was ordered to pay indemnity in the amount of
P50,000.00 for each count.
On appeal, the accused questions the award of civil indemnity for each
count, considering that the victim is the same woman. How would you
rule on the contention of the accused? Explain. (3%)
- IV -
(1.) Maganda was charged with violation of the Bouncing Checks Law
(BP 22) punishable by imprisonment of not less than 30 days but not
more than 1 year or a fine of not less than but not more than double
the amount of the check, which fine shall not exceed P200,000.00, or
both. The court convicted her of the crime and sentenced her to pay a
fine of P50,000.00 with subsidiary imprisonment in case of insolvency,
and to pay the private complainant the amount of the check. Maganda
was unable to pay the fine but filed a petition for probation. The court
granted the petition subject to the condition, among others, that she
should not change her residence without the courts prior approval.
May the court revoke the Order of Probation and order her to serve the
subsidiary imprisonment? Explain. (5%)
-V-
Paz Masipag worked as a housemaid and yaya of the one-week old son
of the spouses Martin and Pops Kuripot. When Paz learned that her 70
year-old mother was seriously ill, she asked Martin for a cash advance
of P1,000.00 but Martin refused. One morning, Paz gagged the mouth
of Martins son with stockings; placed the child in a box; sealed it with
masking tape and placed the box in the attic. Later in the afternoon,
she demanded P5,000.00 as ransom for the release of his son. Martin
did not pay the ransom. Subsequently, Paz disappeared. After a couple
of days, Martin discovered the box in the attic with his child already
dead. According to the autopsy report, the child died of asphyxiation
barely three minutes after the box was sealed.
- VI -
- VII -
Jose employed Mario as gardener and Henry as cook. They learned that
Jose won P500,000.00 in the lotto, and decided to rob him. Mario
positioned himself about 30 meters away from Joses house and acted
as lookout. For his part, Henry surreptitiously gained entry into the
house and killed Jose who was then having his dinner. Henry found the
P500,000.00 and took it. Henry then took a can of gasoline from the
garage and burned the house to conceal the acts. Mario and Henry
fled, but were arrested around 200 meters away from the house by
alert barangay tanods. The tanods recovered the P500,000.00.
Mario and Henry were charged with and convicted of robbery with
homicide, with the aggravating circumstances of arson, dwelling, and
nighttime. Mario moved to reconsider the decision maintaining that he
was not at the scene of the crime and was not aware that Henry killed
the victim; hence, he was guilty only of robbery, as an accomplice.
Mario also claimed that he conspired with Henry to commit robbery but
not to kill Jose. Henry, likewise, moved to reconsider the decision,
asserting that he is liable only for attempted robbery with homicide
with no aggravating circumstance, considering that he and Mario did
not benefit from the P500,000.00. He further alleged that arson is a
felony and not an aggravating circumstance; dwelling is not
aggravating in attempted robbery with homicide; and nighttime is not
aggravating because the house of Jose was lighted at the time he was
killed.
Resolve with reasons the respective motions of Mario and Henry. (7%)
- VIII -
Pete, a security guard, arrived home late one night after rendering
overtime. He was shocked to see Flor, his wife, and Benjie, his best
friend, completely naked having sexual intercourse. Pete pulled out his
service gun and shot and killed Benjie. Pete was charged with murder
for the death of Benjie. Pete contended that he acted in defense of his
honor and that, therefore, he should be acquitted of the crime. The
court found that Benjie died under exceptional circumstances and
exonerated Pete of the crime, but sentenced him to destierro,
conformably with Article 247 of the Revised Penal Code. The court also
ordered Pete to pay indemnity to the heirs of the victim in the amount
of P50,000.00.
- IX -
-X-
During a PNP buy-bust operation, Cao Shih was arrested for selling 20
grams of methamphetamine hydrochloride (shabu) to a poseur-buyer.
Cao Shih, through an intermediary, paid Patrick, the Evidence
Custodian of the PNP Forensic Chemistry Section, the amount of
P500,000.00 in consideration for the destruction by Patrick of the drug.
Patrick managed to destroy the drug.
a) Direct bribery;
b) Indirect bribery;
- XI -
b) If Sherly were a minor when she died, would your answer be the
same? Explain. (5%)
- XII -
- XIII -
- XIV -
- XV -
NOTHING FOLLOWS.
REMEDIAL LAW
-I-
a) Under Article 1144 of the New Civil Code, an action upon a judgment
must be brought within 10 years from the time the right of action
accrues. Is this provision applicable to an action filed in the Philippines
to enforce a foreign judgment? Explain.
b) May the aggrieved party file a petition for certiorari in the Supreme
Court under Rule 65 of the 1997 Rules of Civil Procedure instead of
filing a petition for review on certiorari under Rule 45 thereof for the
nullification of a decision of the Court of Appeals in the exercise either
of its original or appellate jurisdiction? Explain.
e) When may the trial court order that the testimony of a child be
taken by live-link television? Explain. (10%)
- II -
(1.) While Marietta was in her place of work in Makati City, her
estranged husband Carlo barged into her house in Paraaque City,
abducted their six-year old son, Percival, and brought the child to his
hometown in Baguio City. Despite Mariettas pleas, Carlo refused to
return their child. Marietta, through counsel, filed a petition for habeas
corpus against Carlo in the Court of Appeals in Manila to compel him to
produce their son before the court and for her to regain custody. She
alleged in the petition that despite her efforts, she could no longer
locate her son.
In his comment, Carlo alleged that the petition was erroneously filed in
the Court of Appeals as the same should have been filed in the Family
Court in Baguio City which, under Republic Act No. 8369, has exclusive
jurisdiction over the petition. Marietta replied that under Rule 102 of
the Rules of Court, as amended, the petition may be filed in the Court
of Appeals and if granted, the writ of habeas corpus shall be
enforceable anywhere in the Philippines.
(2.) Under Republic Act No. 8353, one may be charged with and found
guilty of qualified rape if he knew on or before the commission of the
crime that he is afflicted with Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted
to the victim.
Under Section 17(a) of Republic Act No. 8504 the court may compel
the accused to submit himself to a blood test where blood samples
would be extracted from his veins to determine whether he has HIV.
a) Are the rights of the accused to be presumed innocent of the crime
charged, to privacy, and against self-incrimination violated by such
compulsory testing? Explain.
b) If the result of such test shows that he is HIV positive, and the
prosecution offers such result in evidence to prove the qualifying
circumstance under the Information for qualified rape, should the court
reject such result on the ground that it is the fruit of a poisonous tree?
Explain. (8%)
- III -
Ricky filed a complaint against Perry and Marvin in the Regional Trial
Court of Pasay City for the partition of the property. He also
incorporated in his complaint his action against Perry for the collection
of the latters P100,000.00 loan, plus interests and attorneys fees.
State with reasons whether it was proper for Ricky to join his causes of
action in his complaint for partition against Perry and Marvin in the
Regional Trial Court of Pasay City. (5%)
- IV -
-V-
(1.) After Lulus death, her heirs brought her last will to a lawyer to
obtain their respective shares in the estate. The lawyer prepared a
deed of partition distributing Lulus estate in accordance with the
terms of her will. Is the act of the lawyer correct? Why? (2%)
(2.) Nestor died intestate in 2003, leaving no debts. How may his
estate be settled by his heirs who are of legal age and have legal
capacity? Explain. (2%)
- VI -
Thereafter, Jovy filed a civil action against Lourdes, the owner of the
taxicab, for breach of contract, and Mans for quasi-delict. Lourdes and
Mans filed a motion to dismiss the civil action on the ground of litis
pendentia, that is, the pendency of the civil action impliedly instituted
in the criminal action for reckless imprudence resulting in serious
physical injuries.
- VII -
Apprehensive that Tyrone might withdraw his savings deposit with the
bank, the sheriff immediately served a notice of garnishment on the
bank to implement the writ of preliminary attachment. The following
day, the sheriff proceeded to Tyrones house and served him the
summons, with copies of the complaint containing the application for
writ of preliminary attachment, Katys affidavit, order of attachment,
writ of preliminary attachment and attachment bond.
Within fifteen (15) days from service of the summons, Tyrone filed a
motion to dismiss and to dissolve the writ of preliminary attachment on
the following grounds: (i) the court did not acquire jurisdiction over his
person because the writ was served ahead of the summons; (ii) the
writ was improperly implemented; and (iii) said writ was improvidently
issued because the obligation in question was already fully paid.
- VIII -
Is it proper for the court to render judgment without trial? Explain. (4%)
- IX -
On May 12, 2005, the plaintiff filed a complaint in the Regional Trial
Court of Quezon City for the collection of P250,000.00. The defendant
filed a motion to dismiss the complaint on the ground that the court
had no jurisdiction over the action since the claimed amount of
P250,000.00 is within the exclusive jurisdiction of the Metropolitan Trial
Court of Quezon City.
Before the court could resolve the motion, the plaintiff, without leave of
court, amended his complaint to allege a new cause of action
consisting in the inclusion of an additional amount of P200,000.00,
thereby increasing his total claim to P450,000.00. The plaintiff
thereafter filed his opposition to the motion to dismiss, claiming that
the Regional Trial Court had jurisdiction over his action.
A moved to deny the third-party claim and to hold B and C jointly and
severally liable to him for the money judgment alleging that B had
transferred said properties to C to defraud him (A).
After due hearing, the court denied the third-party claim and rendered
an amended decision declaring B and C jointly and severally liable to A
for the money judgment.
- XI -
What petition should Helen file and what procedural requirements must
be observed? Explain. (5%)
- XII -
Mariano was convicted by the Regional Trial Court for raping Victoria
and meted the penalty of reclusion perpetua. While serving sentence
at the National Penitentiary, Mariano and Victoria were married.
Mariano filed a motion in said court for his release from the
penitentiary on his claim that under Republic Act No. 8353, his
marriage to Victoria extinguished the criminal action against him for
rape, as well as the penalty imposed on him. However, the court
denied the motion on the ground that it had lost jurisdiction over the
case after its decision had become final and executory.
- XIII -
- XIV -
The team arrived at the house of Santos but failed to find him there.
Instead, the team found Roberto Co. The team conducted a search in
the house of Santos in the presence of Roberto Co and barangay
officials and found ten (10) grams of shabu. Roberto Co was charged in
court with illegal possession of ten grams of shabu.
(a) he was not the accused named in the search warrant; and
(b) the warrant does not describe the article to be seized with sufficient
particularity. Resolve the motion with reasons. (4%)
- XV -
For the multiple stab wounds sustained by the victim, Noel was
charged with frustrated homicide in the Regional Trial Court. Upon
arraignment, he entered a plea of guilty to said crime. Neither the
court nor the prosecution was aware that the victim had died two days
earlier on account of his stab wounds.
- XVI -
Dencio barged into the house of Marcela, tied her to a chair and robbed
her of assorted pieces of jewelry and money. Dencio then brought
Candida, Marcelas maid, to a bedroom where he raped her. Marcela
could hear Candida crying and pleading: Huwag! Maawa ka sa akin!
After raping Candida, Dencio fled from the house with the loot. Candida
then untied Marcela and rushed to the police station about a kilometer
away and told Police Officer Roberto Maawa that Dencio had barged
into the house of Marcela, tied the latter to a chair and robbed her of
her jewelry and money. Candida also related to the police officer that
despite her pleas, Dencio had raped her. The policeman noticed that
Candida was hysterical and on the verge of collapse. Dencio was
charged with robbery with rape. During the trial, Candida can no longer
be located.
- XVII -
Explain briefly whether the Regional Trial Court may, motu proprio,
take judicial notice of the following:
c) Foreign laws;
- XVIII -
NOTHING FOLLOWS.
-I-
- II -
In 2004, after the two civil cases had been resolved, Mike Adelantado
filed his petition to take the Lawyers Oath and sign the Roll of
Attorneys before the Supreme Court. The Office of the Bar Confidant,
however, had received two anonymous letters: the first alleged that at
the time Mike Adelantado filed his petition to take the bar, he had two
other civil cases pending against him, as well as a criminal case for
violation of Batas Pambansa (B.P.) Bilang 22; the other letter alleged
that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had
been signing the attendance sheets of (SK) meetings as Atty. Mike
Adelantado.
a) Having passed the bar, can Mike Adelantado already use the
appellation attorney? Explain your answer. (3%)
- III -
- IV -
You had just taken your oath as a lawyer. The secretary to the
president of a big university offered to get you as the official notary
public of the school. She explained that a lot of students lose their
Identification Cards and are required to secure an affidavit of loss
before they can be issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students lose their
Identification Cards every month. However, the secretary wants you to
give her one-half of your earnings therefrom.
-V-
- VI -
Will you lower your rates in order to get the client? Explain. (5%)
- VII -
- VIII -
- IX -
-X-
Atty. Yabang was suspended as a member of the Bar for a period of one
(1) year. During the period of suspension, he was permitted by his law
firm to continue working in their office, drafting and preparing
pleadings and other legal documents but was not allowed to come into
direct contact with the firms clients. Atty. Yabang was subsequently
sued for illegal practice of law.
- XI -
- XII -
Pending before the sala of Judge Magbag is the case of CDG versus JQT.
The legal counsel of JQT is Atty. Ocsing who happens to be the brother
of Atty. Ferreras, a friend of Judge Magbag. While the case was still
being heard, Atty. Ferreras and his wife celebrated their wedding
anniversary. They invited their friends and family to a dinner party at
their house in Forbes Park. Judge Magbag attended the party and was
seen conversing with Atty. Ocsing while they were eating at the same
table.
- XIII -
- XIV -
- XV -
NOTHING FOLLOWS.