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INSTRUCTIONS
This questionnaire consists of ten (10) numbers contained in seven (7) pages.
Read each question very carefully. Answer legibly, clearly, and concisely. Start
each number on a separate page; an answer to a sub-question under the same
number may be written continuously on the same page and immediately
succeeding pages until completed. Do not repeat the question. A mere "Yes" or
"No" answer without any corresponding discussion will not be given any credit.
GOOD LUCK!!!
-I-
- II -
The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor"
of Manila an application for a permit to hold a rally on Mendiola Street on
September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political killings
of journalists. However, the City Mayor denied their application on the ground
that a rally at the time and place applied for will block the traffic in the San
Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio, which has
been designated a Freedom Park, as venue for the rally.
1. Does the SM have a remedy to contest the denial of its application for a
permit? 2.5%
2. How should a wage distortion be settled?
3. Does the availability of a Freedom Park justify the denial of SM's
application for a permit? 2.5%
4. Assuming that despite the denial of SM's application for a permit, its
members hold a rally, prompting the police to arrest them. '- Are the
arrests without judicial warrants lawful? 2.5%
- III -
- IV -
State whether or not the following laws are constitutional. Explain briefly.
-V-
1. What is the function of the Senate Electoral Tribunal and the House of
Representatives Electoral Tribunal? 2.5%
2. What is the composition of each? 2.5%
3. Differentiate an election protest from an action for quo warranto. 2.5%
4. What is a quasi-judicial body or agency? 2.5%
- VI -
- VII -
- VIII -
- IX -
-X-
NOTHING FOLLOWS.
BAR EXAMINATION 2006
LABOR AND SOCIAL LEGISLATION
INSTRUCTIONS
GOOD LUCK!!!
-I-
Wonder Travel and Tours Agency (WTTA) is a well known travel agency and
an authorized sales agent of the Philippine Air Lines. Since majority of its
passengers are overseas workers, WTTA applied for a license for recruitment
and placement activities. It stated in i.ts application that its purpose is not for
profit but to help Filipinos find employment abroad.
- III -
Can an overseas worker refuse to remit his earnings to his dependents and
deposit the same in the country where he works to gain more interests?
Explain. 5%
- IV -
-V-
- VI -
- VII -
Inday hired you as her counsel. In preparing the position paper to be submitted
to the Labor Arbiter, explain the standards of due process which should have
been observed by Herrera Home in terminating your client's employment. 5%
- VIII -
a. voluntary recognition
b. certification election
c. consent election
- IX -
-X-
ABC Tomato Corporation, owned and managed by three (3) elderly brothers
and two (2) sisters, has been in business for 40 years. Due to serious business
losses and financial reverses during the last five (5) years, they decided to
close the business.
1. As counsel for the corporation, what steps will you take prior to its
closure? 2.5%
2. Are the employees entitled to separation pay? 2.5%
If the reason for the closure is due to old age of the brothers and sisters:
- XI -
During their probationary employment, eight (8) employees were berated and
insulted by their supervisor. In protest, they walked out. The supervisor shouted
at them to go home and never to report back to work. Later, the personnel
manager required them to explain why they should not be dismissed from
employment for abandonment and failure to qualify for the positions applied
for . They filed a complaint for illegal dismissal against their employer.
- XIII -
- XIV -
Determine whether the following minors should be prohibited from being hired
and from performing their respective duties indicated hereunder: 5%
- XV -
Josephine got married. She asked Owen, the personnel manager, if the
company can reconsider the agreement. He told Josephine he can do
something about it, insinuating some sexual favors. She complained to higher
authorities but to no avail. She hires you as her counsel. What action or actions
will you take? Explain. 5%
NOTHING FOLLOWS.
INSTRUCTIONS
GOOD LUCK!!!
TAXATION LAW
-I-
- II -
- IV -
Royal Mining is a VAT -registered domestic mining entity. One of its products is
silver being sold to the Bangko Sentral ng Pilipinas. It filed a claim with the BIR
for tax refund on the ground that under Section 106 of the Tax Code, sales of
precious metals to the Bangko Sentral are considered export sales subject to
zero-rated VAT.
-V-
- VI -
Congress enacts a law granting grade school and high school students a 10%
discount on all school-prescribed textbooks purchased from any bookstore.
The law allows bookstores to claim in full the discount as a tax credit.
- VII -
- VIII -
On June 1, 2003, Global Bank received a final notice of assessment from the
BIR for deficiency documentary stamp tax in the amount of P5 Million. On June
30, 2003, Global Bank filed a request for reconsideration with the
Commissioner of Internal Revenue. The Commissioner denied the request for
reconsideration only on May 30, 2006, at the same time serving on Global
Bank a warrant of distraint to collect the deficiency tax. If you were its counsel,
what will be your advice to the bank? Explain. 5%
- IX -
-X-
The Collector of Customs issued an assessment for unpaid customs duties and
taxes on the importation of your client in the amount of P980,000.00. Where
will you file your case to protect your client's right? Choose the correct
courts/agencies, observing their proper hierarchy. 5%
- XI -
Charlie, a widower, has two sons by his previous marriage. Charlie lives with
Jane who is legally married to Mario. They have a child named Jill. The
children are all minors and not gainfully employed.
- XII -
Mr. Abraham Eugenio, a pawnshop operator, after having been required by the
Revenue District Officer to pay value added tax pursuant to a Revenue
Memorandum Order (RMO) of the Commission.er of Internal Revenue, filed
with the Regional Trial Court an action questioning the validity of the RMO.
- XIII -
Gerry was being prosecuted by the BIR for failure to pay his income tax liability
for Calendar Year 1999 despite several demands by the BIR in 2002. The
Information was filed with the RTC only last June 2006. Gerry filed a motion to
quash the Information on the ground of prescription, the Information having
beer. filed beyond the 5-year reglementary period.
If you were the judge, will you dismiss the Information? Why? 5%
- XIV -
Gold and Silver Corporation gave extra 14th month bonus to all its officials and
employees in the total amount of P75 Million. When it filed its corporate income
tax return the following year, the corporation declared a net operating loss.
When the income tax return of the corporation was reviewed by the BIR the
following year, it disallowed as item of deduction the P75 Million bonus the
corporation gave its officials and employees on the ground of
unreasonableness. The corporation claimed that the bonus is an ordinary and
necessary expense that should be allowed.
If you were the BIR Commissioner, how will you resolve the issue? 5%
- XV -
If you were the Commissioner of Internal Revenue, will you allow the refund?
5%
- XVI -
Quezon City published on January 30, 2006 a list of delinquent real property
taxpayers in 2 newspapers of general circulation and posted this in the main
lobby of the City Hall. The notice requires all owners of real properties in the list
to pay the real property tax due within 30 days from the date of publication,
otherwise the properties listed shall be sold at public auction.
Joachin is one of those named in the list. He purchased a real property in 1996
but failed to register the document of sale with the Register of Deeds and
secure a new real property tax declaration in his name. He alleged that the
auction sale of his property is void for lack of due process considering that the
City Treasurer did not send him personal notice. For his part, the City
Treasurer maintains that the publication and posting of notice are sufficient
compliance with the requirements of the law.
1. If you were the judge, how will you resolve this issue? 2.5%
2. Assuming Joachin is a registered owner, will your answer be the same?
2.5%
NOTHING FOLLOWS.
INSTRUCTIONS
GOOD LUCK!!!
CIVIL LAW
-I-
Under Article 213 of the Family Code, no child under 7 years of age shall be
separated from the mother unless the court finds compelling reasons to order
otherwise.
- II -
Saul, a married man, had an adulterous relation with Tessie. In one of the
trysts, Saul's wife, Cecile, caught them in flagrante. Armed with a gun, Cecile
shot Saul in a fit of extreme jealousy, nearly kiiling him. Four ( 4) years after the
incident, Saul filed an action for legal separation against Cecile on the ground
that she attempted to kill him.
1. If you were Saul's counsel, how will you argue his case? 2.5%
2. If you were the lawyer of Cecile, what will be your defense? 2.5%
3. If you were the judge, how will you decide the case? 5%
- III -
Ed and Beth have been married for 20 years without children. Desirous to have
a baby, they consulted Dr. Jun Canlas, a prominent medical specialist on
human fertility .He advised Beth to undergo artificial insemination. It was found
that Ed's sperm count was inadequate to induce pregnancy. Hence, the couple
looked for a willing donor. Andy, the brother of Ed, readily consented to donate
his sperm. After a series of tests, Andy's sperm was medically introduced into
Beth's ovary .She became pregnant and 9 months later, gave birth to a baby
boy, named Alvin.
- IV -
Gigi and Ric, Catholics, got married when they were 18 years old. Their
marriage was solemnized on August 2, 1989 by Ric's uncle, a Baptist Minister,
in Calamba, Laguna. He overlooked the fact that his license to solemnize
marriage expired the month before and that the parties do not belong to his
congregation. After 5 years of married life and blessed with 2 children, the
spouses developed irreconcilable differences, so they parted ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local
college and a seventh-Day Adventist. They decided to get married with the
consent of Juliet's parents. She presented to him a birth certificate showing she
is 18 years old. Ric never doubted her age much less the authenticity of her
birth certificate. They got married in a Catholic church in Manila. A year after,
Juliet gave birth to twins, Aissa and Aretha.
1. What is the status of the marriage between Gigi and Ric - valid,
voidable or void? Explain. 2.5 %
2. What is the status of the marriage between Ric and Juliet - valid,
voidable or void? Explain. 2..5%
3. Suppose Ric himself procured the falsified birth certificate to persuade
Juliet to marry him despite her minority and assured her that everything
is in order. He did not divulge to her his prior marriage with Gigi. What
action, if any, can Juliet take against him? Explain. 2.5%
4. If you were the counsel for Gigi, what action/s will you take to enforce
and protect her interests? Explain. 2.5%
-V-
Spouses Biong and Linda wanted to sell' their house. They found a prospective
buyer, Ray. Linda negotiated with Ray for the sale of the property. They agreed
on a fair price of P2 Million. Ray sent Linda .a letter confirming his intention to
buy the property. Later, another couple, Bernie and Elena, offered a similar
house at a lower price of Pl.5 Million. But Ray insisted on buying the house of
Biong and Linda for sentimental reason. Ray prepared a deed of sale to be
signed by the couple and a manager's check for P2 Million. After receiving the
P2 Million, Biong signed the deed of sale. However, Linda was not able to sign
it because she was abroad. On her return, she refused to sign the document
saying she changed her mind. Linda filed suit for nullification of the deed of
sale and for moral and exemplary damages against Ray.
- VI -
Gemma filed a petition for the declaration of nullity of her marriage with Arnell
on the ground of psychological incapacity .She alleged that after 2 months of
their marriage, Arnell showed signs of disinterest in her, neglected her and
went abroad. He returned to the Philippines after 3 years but did not even get
in touch with her. Worse, they met several times in social functions but he
snubbed her. When she got sick, he did not visit her even if he knew of her
confinement in the hospital. Meanwhile, Arnell met an accident which disabled
him from reporting for work and earning a living to support himself.
- VII -
- VIII -
Alberto and Janine migrated to the United States of America, leaving behind
their 4 children, one of whom is Manny. They own a duplex apartment and
allowed Manny to live In one of the units. While in the United States, Alberta
died. His widow and all his children executed an Extrajudicial Settlement of
Alberto's estate wherein the 2-door apartment was assigned by all the children
to their mother, Janine. Subsequently, she sold the property to George. The
latter required Manny to sign a prepared Lease Contract so that he and his
family could continue occupying the unit. Manny refused to sign the contract
alleging that his parents allowed him and his family to continue occupying the
premises.
If you were George's counsel, what legal steps will you take? Explain. 5%
- IX -
A drug lord and his family reside in a small bungalow where they sell shabu
and other prohibited drugs. When the police found the illegal trade, they
immediately demolished the house because according to them, it was a
nuisance per se that should be abated. Can this demolition be sustained?
Explain. 5%
-X-
Don died after executing a Last Will and Testament leaving his estate valued at
P12 Million to his common-Iaw wife Roshelle. He is survived by his brother
Ronie and his half-sister Michelle.
- XI -
If you were the couple's counsel, what action will you take to protect the
interests of your clients? 5%
- XII -
Arturo sold his Pajero to Benjamin for P1 Million. Benjamin took the vehicle but
did not register the sale with the Land Transportation Office. He allowed his
son Carlos, a minor who did not have a driver's license, to drive the car to buy
pan de sal in a bakery .On the way, Carlos, driving in a reckless manner,
sideswiped Dennis, then riding a bicycle. As a result, he suffered serious
physical injuries. Dennis filed a criminal complaint against Carlos for reckless
imprudence resulting in serious physical injuries.
1. Can Dennis file an independent civil action against Carlos and his
father Benjamin for damages based on quasi-delict? Explain. 2.5%
2. Assuming Dennis' action is tenable, can Benjamin raise the defense he
is not liable because the vehicle is not registered in his name? Explain.
2.5%
- XIV -
Zirxthoussous delos Santos filed a petition for change of name with the Office
of the Civil Registrar of Mandaluyong City under the administrative proceeding
provided in Republic Act No.9048. He alleged that his first name sounds
ridiculous and is extremely difficult to spell and pronounce. After complying with
the requirements of the law, the Civil Registrar granted his petition and
changed his first name Zirxthoussous to "Jesus." His full name now reads
"Jesus delos santos."
Will the petition for change of name of Jesus delos Santos to Roberto delos
santos under Republic Act No.9048 prosper? Explain. 10%
- XV -
- XVI -
1. Under Article 2219 of the Civil Code, moral damages may be recovered
in the cases specified therein, several of which are enumerated below.
Choose the case wherein you cannot recover moral damages. Explain.
2.5%
a. Nagger
b. Gay or lesbian
c. Congenital sexual pervert
d. Gambler
e. Alcoholic
NOTHING FOLLOWS.
INSTRUCTIONS
GOOD LUCK!!!
MERCANTILE LAW
-I-
- II -
- III -
Jun was about to leave for a business trip. As his usual practice, he signed
several blank checks. He instructed Ruth, his secretary, to fill them as payment
for his obligations. Ruth filled one check with her name as payee, placed
P30,000.00 thereon, endorsed and delivered it to Marie. She accepted the
check in good faith as payment for goods she delivered to Ruth. Eventually,
Ruth regretted what she did and apologized to Jun. Immediately he directed
the drawee bank to dishonor the check. When Marie encashed the check. it
was dishonored.
- IV -
1. Can Rudy move to dismiss the case on the ground that he has no
criminal record? 2.5%
2. To raise funds for his defense, Rudy sold the houses and lots to a
friend. Can Luansing Realty, Inc. be compelled to transfer to the buyer
ownership of the houses and lots? 2.5%
3. In disclosing Rudy's bank accout:)ts to the AMLC, did the bank violate
any law? 2.5%
4. Supposing the titles of the houses and lots are in possession of the
Luansing Realty I Inc., is it under obligation to deliver the titles to Rudy?
2.5%
-V-
The Peninsula Insurance Company offered to insure Francis' brand new car
against all risks in the sum of P1 Million for 1 year. The policy was issued with
the premium fixed at P60,000.00 payable in 6 months. Francis only paid the
first two months installments. Despite demands, he failed to pay the
subsequent installments. Five months after the issuance of the policy, the
vehicle was carnapped. Francis filed with the insurance company a claim for its
value. However, the company denied his claim on the ground that he failed to
pay the premium resulting in the cancellation of the policy.
- VI -
2. The Chief Justice also said that the judiciary must "safeguard the
liberty" and "nurture the prosperity" of our people.
Explain this philosophy. Cite Decisions of the Supreme Court
implementing each of these twin beacons of the Chief Justice. 2.5%
- VII -
- VIII -
Pio is the president of Western Bank. His wife applied for a loan with the said
bank to finance an internet cafe. The loan officer told her that her application
will not be approved because the grant of loans to related interests of bank
directors, officers, and stockholders is prohibited by the General Banking Law.
- IX -
The Blue Star Corporation filed with the Regional Trial Court a petition for
rehabilitation on the ground that it foresaw the impossibility of paying its
obligations as they fall due. Finding the petition sufficient in form and
substance, the court issued an Order appointing a rehabilitation receiver and
staying the enforcement of all claims against the corporation.
-X-
1. What acts or omissions are penalized under the Trust Receipts Law?
2.5%
2. Is lack of intent to defraud a bar to the prosecution of these acts or
omissions? 2.5%
- XI -
Under Republic Act No.1405 (The Bank Secrecy Law), bank deposits are
considered absolutely confidential and may not be examined, inquired or
looked into by any person, government official, bureau or office.
- XII -
- XIII -
Supposing Albert Einstein were alive today and he filed with the Intellectual
Property Office (IPO) an application for patent for his theory of relativity
expressed in the formula E=mc2. The IPO disapproved Einstein's application
on the ground that his theory of relativity is not patentable.
- XIV -
Can the labor law expert hold Liza liable for infringement of copyright for
quoting a portion of his book without his permission? 5%
- XV -
- XVI -
NOTHING FOLLOWS.
GOOD LUCK!!!
CRIMINAL LAW
-I-
What are the instances where proof of motive is not essential or required to
justify conviction of an accused? Give at least 3 instances. 5%
- II -
1. When can a Filipino citizen residing in this country use an alias legally?
Give 3 instances. 2.5%
2. Under what situations may a private person enter any dwelling,
residence, or other establishments without being liable for trespass to
dwelling? 2.5%
- III -
- IV -
-V-
- VI -
2. After his arraignment, the prosecution filed a motion for his suspension
pendente lite, to which he filed an opposition claiming that he can no
longer be suspended as he is no longer an employee of the PNB but
that of the PDIC.
- VII -
1. While the 5.5. Nagoya Maru was negotiating the sea route from
Hongkong towards Manila, and while still 300 miles from Aparri,
Cagayan, its engines malfunctioned. The Captain ordered the
ship to stop for emergency repairs lasting for almost 15 hours.
Due to exhaustion, the officers and crew fell asleep. While the
ship was anchored, a motorboat manned by renegade Ybanags
from Claveria, Cagayan, passed by and took advantage of the
situation. They cut the ship's engines and took away several
heavy crates of electrical equipment and loaded them in their
motorboat. Then they left hurriedly towards Aparri. At daybreak,
the crew found that a robbery took place. They radioed the
Aparri Port Authorities resulting in the apprehension of the
culprits.
2. Supposing that while the robbery was taking place, the culprits
stabbed a member of the crew while sleeping.
- VIII -
- IX -
Eduardo Quintos, a widower for the past 10 years, felt that his
retirement at the age of 70 gave him the opportunity to engage in his
favorite pastime - voyeurism. If not using his high-powered binoculars
to peep at his neighbor's homes and domestic activities, his second
choice was to follow sweet young girls. One day, he trailed a teenage
girl up to the LRT station at EDSA-Buendia. While ascending the stairs,
he stayed one step behind her and in a moment of bravado, placed his
hand on her left hip and gently massaged it. She screamed and
shouted for help. Eduardo was arrested and charged with acts of
lasciviousness. Is the designation of the crime correct? 5%
-X-
Jaime, Andy and Jimmy, laborers in the noodles factory of Luke Tan,
agreed to kill him due to his arrogance and miserliness. One afternoon,
they seized him and loaded him in a taxi driven by Mario. They told
Mario they will only teach Luke a lesson in Christian humility. Mario
drove them to a fishpond in Navotas where Luke was entrusted to Emil
and Louie, the fishpond caretakers, asking them to hide Luke in their
shack because he was running from the NBI. The trio then left in
Mario's car for Manila where they called up Luke's family and
threatened them to kill Luke unless they give a ransom within 24 hours.
Unknown to them, because of a leak, the kidnapping was announced
over the radio and TV. Emil and Louie heard the broadcast and
panicked, especially when the announcer stated that there is a shoot-
to-kill order for the kidnappers. Emil and Louie took Luke to the
seashore of Dagat-dagatan where they smashed his head with a
shovel and buried him in the sand. However, they were seen by a
barangay kagawad who arrested them and brought them to the police
station. Upon interrogation, they confessed and pointed to Jaime, Andy,
Jimmy and Mario as those responsible for the kidnapping. Later, the 4
were arrested and charged.
- XI -
Ana has been a bar girl/GRO at a beer house for more than 2 years.
She fell in love with Oniok, the bartender, who impregnated her. But
Ana did not inform him about her condition and, instead, went home to
Cebu to conceal her shame. However, her parents drove her away. So,
she returned to Manila and stayed with Oniok in his boarding house.
Upon learning of her pregnancy, already in an advanced state, Oniok
tried to persuade her to undergo an abortion, but she refused. Because
of their constant and bitter quarrels, she suffered birth pangs and gave
birth prematurely to a live baby girl while Oniok was at his place of
work. Upon coming home and learning what happened, he prevailed
upon Ana to conceal her dishonor. Hence, they placed the infant in a
shoe box and threw it into a nearby creek. However, an inquisitive
neighbor saw them and with the help of others, retrieved the infant who
was already dead from drowning. The incident was reported to the
police who arrested Ana and Oniok. The 2 were charged with parricide
under Article 246 of the Revised Penal Code. After trial, they were
convicted of the crime charged.
- XII -
- XIII -
- XIV -
What kind of damages may the trial court award to them and how
much? 5%
- XV -
- XVI -
After receiving a reliable information that Dante Ong, a notorious drug
smuggler, was arriving on PAL Flight No. PR 181, PNP Chief Inspector
Samuel Gamboa formed a group of anti-drug agents. When Ong
arrived at the airport, the group arrested him and seized his attaché
case. Upon inspection inside the Immigration holding area, the attaché
case yielded 5 plastic bags of heroin weighing 500 grams. Chief
Inspector Gamboa took the attaché case and boarded him in an
unmarked car driven by PO3 Pepito Lorbes. On the way to Camp
Crame and upon nearing White Plains corner Edsa, Chief Inspector
Gamboa ordered PO3 Lorbes to stop the car. They brought out the
drugs from the case in the trunk and got 3 plastic sacks of heroin. They
then told Ong to alight from the car. Ong left with the 2 remaining
plastic sacks of heroin. Chief Inspector Gamboa advised him to keep
silent and go home which the latter did. Unknown to them, an NBI team
of agents had been following them and witnessed the transaction. They
arrested Chief Inspector Gamboa and PO3 Lorbes. Meanwhile, another
NBI team followed Ong and likewise arrested him. All of them were
later charged.
- XVII -
Aling Maria received an urgent telephone call from Junior, her eldest
son, asking for P2,000.00 to complete his semestral tuition fees
preparatory to his final exams in Commerce. Distressed and disturbed,
she borrowed money from her compadre Mang Juan with the
assurance to pay him within 2 months. Two months lapsed but Aling
Maria failed to settle her obligation. Mang Juan told Aling Maria that
she does not have to pay the loan if she will allow her youngest 10-year
old daughter Annie to work as a housemaid in his house for 2 months
at P1,000.00 a month. Despite Aling Maria's objection, Mang Juan
insisted and brought Annie to his house to work as a maid.
NOTHING FOLLOWS.
BAR EXAMINATION 2006
REMEDIAL LAW
INSTRUCTIONS
GOOD LUCK!!!
REMEDIAL LAW
-I-
What court has jurisdiction over an action for specific performance filed by a
subdivision homeowner against a subdivision developer? Choose the correct
answer. Explain. 2.5%
- III -
- IV -
Jojie filed with the Regional Trial Court of Laguna a complaint for damages
against Joe. During the pre-trial, Jojie and her counsel failed to appear despite
notice to both of them. Upon oral motion of Jojie, Joe was declared as in
default and Jojie was allowed to present her evidence ex palte. Thereafter, the
court rendered its Decision in favor of Jojie.
Joe hired Jose as his counsel. What are the remedies available to him?
Explain. 5%
-V-
May Congress enact a law providing that a 5,000 square meter lot, apart of the
UST compound in Sampaloc, Manila, be expropriated for the construction of a
park in honor of former City Mayor Arsenio Lacson? As compensation to UST,
the City of Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna originally
intended as a residential subdivision for the Manila City Hall employees.
Explain. 5%
- VI -
- VII -
Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes
paid, but it was not acted upon. So, he filed a similar complaint with the Court
of Tax Appeals raffled to one of its Divisions. Mark's complaint was dismissed.
Thus, he filed with the Court of Appeals a petition for certiorari under Rule 65.
Does the Court of Appeals have jurisdiction over Mark's petition? 2.5
- VIII -
Does the Court of Appeals have jurisdiction to review the Decisions in criminal
and administrative cases of the Ombudsman? 2.5%
- IX -
1. What are the requisites for the issuance of (a) a writ of preliminary
injunction; and (b) a final writ of injunction? 2.5%
2. Distinguish between injunction as an ancillary remedy and injunction as
a main action. 2.5%
-X-
- XI -
- XII -
Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint
for sum of money amounting to P1 Million against Carlos Corro. The complaint
alleges, among others, that Carlos borrowed from Tina the said amount as
evidenced by a promissory note signed by Carlos and his wife, jointly and
severally. Carlos was served with summons which was received by Linda, his
secretary .However, Carlos failed to file an answer to the complaint within the
15-day reglementary period. Hence, Tina filed with the court a motion to
declare Carlos in default and to allow her to present evidence ex parte. Five
days thereafter, Carlos filed his verified answer to the complaint, denying under
oath the genuineness and due execution of the promissory note; and
contending that he has fully paid his loan with interest at 12% per annum.
- XIII -
Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang
Village, Muntinlupa City , of sound and disposing mind, executed a last will and
testament in English, a language spoken and written by him proficiently. He
disposed of his estate consisting of a parcel of land in Makati City and cash
deposit at the City Bank in the , sum of P300 Million. He bequeathed P50
Million each to his 3 sons and P150 Million to his wife. He devised apiece of
land worth P100 Million to Susan, his favorite daughter-in-Iaw. He named his
best friend, Cancio Vidal, as executor of the will without bond
1. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the
proper court a petition for probate of the latter's last will and testament?
2%
2. Supposing the original copy of the last will and testament was lost, can
Cancio compel Susan to produce a copy in her possession to be
submitted to the probate court? 2%
3. Can the probate court appoint the widow as executor of the will? 2%
4. Can the widow and her children settle extrajudicially among themselves
the estate of the deceased? 2%
5. Can the widow and her children initiate a separate petition for partition
of the estate pending the probate of the last will and testament by the
proper court? 2%
- XIV -
- XV -
Leticia was estranged from her husband Paul for more than a year due to his
suspicion that she was having an affair with Manuel, their neighbor. She was
temporarily living with her sister in Pasig City.
For unknown reasons, the house of Leticia's sister was burned, killing the latter.
Leticia survived. She saw her husband in the vicinity during the incident. Later,
he was charged with arson in an Information filed with the Regional Trial Court,
Pasig City.
During the trial, the prosecutor called Leticia to the witness stand and offered
her testimony to prove that her husband committed arson.
Can Leticia testify over the objection of her husband on the ground of martial
privilege? 5%
- XVI -
- XVII -
Meanwhile, Fotokina filed with the RTC a petition for mandamus to compel the
COMELEC to implement the contract. The Office of the Solicitor General
(OSG), representing Chairman Go, opposed the petition on the ground that
mandamus does not lie to enforce contractual obligations. During the
proceedings, the majority Commissioners filed a manifestation that Chairman
Go was not authorized by the COMELEC En Banc to oppose the petition.
NOTHING FOLLOWS.
INSTRUCTIONS
GOOD LUCK!!!
-I-
- II -
- III -
If you were the judge, will you authorize him to appear in your court as
a friend for Tony? 5%
- IV -
For the same reasons, Atty. Oldie also insist that he should be exempt
from the Mandatory COntinuing Legal Education (MCLE) requirements.
2. Should he be exempt? 3%
-V-
Myrna, petitioner in case for custody of children against her husband, sought
advice from Atty. Mendoza whom she met at a party. She informed Atty.
Fernandez that her lawyer, Atty. Khan, has been charging her exorbitant
appearance fees when all he does move for postponements which have unduly
delayed the proceedings; and that recently, she learned that Atty. Khan
approached her husband asking for a huge amount in exchange for the
withdrawal of her Motion for issuance of Hold Departure Order so that he and
his children can leave for abroad.
- VI -
In his petition for certiorari filed with the Supreme Court, Atty . Dizon alleged
that Atty .Padilla, a legal researcher in the Court of Appeals, drafted the
assailed Decision; that he is ignorant of the applicable laws; and that he should
be disbarred.
Can Atty .Dizon, in castigating Atty .Padilla, be held liable for unethical conduct
against the Court of Appeals? 5%
- VII -
- VIII -
- IX -
Atty .Marie consulted Atty .Hernandez whether she can successfully prosecute
her case for declaration of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing that the case will not prosper
for the reasons stated therein. Atty .Marie, however, decided to file the case
and engaged the services of another lawyer, Atty .Pe. Her husband, Noel,
having learned about the opinion of Atty .Hernandez, hired him as his lawyer .
-X-
In the course of a drinking spree with Atty. Holgado who has always been his
counsel in business deals, Simon bragged about his recent sexual adventures
with socialites known for their expensive tastes. When Atty. Holgado asked
Simon how he manages to finance his escapades, the latter answered that he
has been using the bank deposits of rich clients of Banco Filipino where he
works as manager.
- XI -
The contract of attorney's fees entered into by Atty .Quintos and his client,
Susan, stipulates that if a judgment is rendered in her favor, he gets 60% of the
property recovered as contingent fee. In turn, he will assume payment of all
expenses of the litigation.
- XII -
- XIII -
Give 4 instances when a client may validly refuse to pay his lawyer the full
amount of attorney's fees stipulated in their written contract. 4%
- XIV -
Atty. Perez was admitted as a member of the New York Bar. While in
Manhattan, he was convicted of estafa and was disbarred.
Does his disbarment in New York a ground for his automatic disbarment in the
Philippines? 2.5%
- XV -
Which of the following acts does not constitute a ground for disbarment?
Explain. 2.5%
1. Gross misconduct
2. Fraudulent misrepresentation
3. Grossly immoral conduct
4. Violation of the Lawyer's Oath
5. Willful disobedience to a lawful order of the Supreme Court
6. Malpractice
7. Appearance of a non-lawyer as an attorney for a litigant in a case
- XVI -
- XVII -
Draft an Information charging Obet Buena with arson filed with the
Regional Trial Court. Branch 10, Manila. 10%
NOTHING FOLLOWS.