facsimile transmittal of the summons and

complaint on defendant's fax number as evidenced

REMEDIAL LAW (2015) by transmission verification report automatically
generated by the fax machine indicating that it
was received by the fax number to which it was
I. sent on the date and time indicated therein."
Lender extended to Borrower a Pl00,000.00 loan
covered by a promissory note. Later, Borrower Circe, sixty (60) days after her receipt of Sheriff
obtained another Pl00,000.00 loan again covered Pluto's return, filed a Motion to Declare Charybdis
by a promissory note. Still later, Borrower in default as Charybdis did not file any responsive
obtained a P300,000.00 loan secured by a real pleading.
estate mortgage on his land valued at
11500,000.00. Borrower defaulted on his a.) Should the court declare Charybdis in default?
payments when the loans matured. Despite (2%)
demand to pay the llS00,000.00 loan, Borrower Scylla seasonably filed her answer setting forth
refused to pay. Lender, applying the totality rule, therein as a defense that Charybdis had paid the
filed against Borrower with the Regional Trial mortgage debt.
Court (RTC) of Manila, a collection suit for
P500,000.00. b.) On the premise that Charybdis was properly
declared in default, what is the effect of Scylla's
a.) Did Lender correctly apply the totality rule and answer to the complaint? (2%)
the rule on joinder of causes of action? (2%)

At the trial, Borrower's lawyer, while cross- III.

examining Lender, successfully elicited an Juliet invoking the provisions of the Rule on
admission from the latter that the two promissory Violence Against Women and their Children filed
notes have been paid. Thereafter, Borrower's with the RTC designated as a Family Court a
lawyer filed a motion to dismiss the case on the petition for issuance of a Temporary Protection
ground that as proven only P300,000.00 was the Order (TPO) against her husband, Romeo. The
amount due to Lender and which claim is within Family Court issued a 30-day TPO against Romeo.
the exclusive original jurisdiction of the A day before the expiration of the TPO, Juliet filed
Metropolitan Trial Court. He further argued that a motion for extension. Romeo in his opposition
lack of jurisdiction over the subject matter can be raised, among others, the constitutionality of R.A.
raised at any stage of the proceedings. No. 9262 (The VAWC Law) arguing that the law
authorizing the issuance of a TPO violates the
b.) Should the court dismiss the case? (3%) equal protection and due process clauses of the
1987 Constitution. The Family Court judge, in
granting the motion for extension of the TPO,
II. declined to rule on the constitutionality of R.A. No.
Circe filed with the RTC a complaint for the 9262. The Family Court judge reasoned that Family
foreclosure of real estate mortgage against siblings Courts are without jurisdiction to pass upon
Scylla and Charybdis, co-owners of the property constitutional issues, being a special court of
and cosignatories to the mortgage deed. The limited jurisdiction and R.A. No. 8369, the law
siblings permanently reside in Athens, Greece. creating the Family Courts, does not provide for
Circe tipped off Sheriff Pluto that Scylla is on a such jurisdiction. Is the Family Court judge correct
balikbayan trip and is billeted at the Century Plaza when he declined to resolve the constitutionality
Hotel in Pasay City. Sheriff Pluto went to the hotel of R.A. No. 9262? (3%)
and personally served Scylla the summons, but the
latter refused to receive summons for Charybdis as
she was not authorized to do so. Sheriff Pluto IV.
requested Scylla for the email address and fax Strauss filed a complaint against Wagner for
number of Charybdis which the latter readily gave. cancellation of title. Wagner moved to dismiss the
Sheriff Pluto, in his return of the summons, stated complaint because Grieg, to whom he mortgaged
that "Summons for Scylla was served personally as the property as duly annotated in the TCT, was not
shown by her signature on the receiving copy of impleaded as defendant.
the summons. Summons on Charybdis was served
pursuant to the amendment of Rule 14 by a.) Should the complaint be dismissed? (3%)
 On scrutiny of the petition, the court determined
b.) If the case should proceed to trial without Grieg that the area where the alleged actionable neglect
being impleaded as a party to the case, what is his or omission subject of the petition took place in
remedy to protect his interest? (2%) the City of Z of Province II, and therefore
cognizable by the RTC of Province II. Thus, the
court dismissed outright the petition for lack of
V. jurisdiction.
Ernie filed a petition for guardianship over the
person and properties of his father, Ernesto. Upon a.) Was the court correct in motu proprio
receipt of the notice of hearing, Ernesto filed an dismissing the petition? (3%)
opposition to the petition. Ernie, before the
hearing of the petition, filed a motion to order Assuming that the court did not dismiss the
Ernesto to submit himself for mental and physical petition, the RD-DENR-EMB in his Comment
examination which the court granted. moved to dismiss the petition on the ground that
petitioners failed to appeal the issuance of the ECC
After Ernie's lawyer completed the presentation of and to exhaust administrative remedies provided
evidence in support of the petition and the court's in the DENR Rules and Regulations.
ruling on the formal offer of evidence, Ernesto's
lawyer filed a demurrer to evidence. b.) Should the court dismiss the petition? (3%)

Ernie's lawyer objected on the ground that a

demurrer to evidence is not proper in a special VII.
proceeding. Plaintiff sued defendant for collection of P 1
million based on the latter's promissory note. The
a.) Was Ernie's counsel's objection proper? (2%) complaint alleges, among others:

b.) If Ernesto defies the court's order directing him 1) Defendant borrowed P1 million from plaintiff as
to submit to physical and mental examinations, evidenced by a duly executed promissory note;
can the court order his arrest? (2%)
2) The promissory note reads:
"Makati, Philippines
VI. Dec. 30, 2014
A law was passed declaring Mt. Karbungko as a
protected area since it as a major watershed. The For value received from plaintiff, defendant
protected area covered a portion located in promises to pay plaintiff Pl million, twelve (12)
Municipality A of the Province I and a portion months from the above indicated date without
located in the City of Z of Province II. Maingat is necessity of demand.
the leader of Samahan ng Tagapag-ingat ng Signed
Karbungko (STK), a people's organization. He Defendant"
learned that a portion of the mountain located in
the City of Z of Province II was extremely damaged A copy of the promissory note is attached as Annex
when it was bulldozed and leveled to the ground, "A."
and several trees and plants were cut down and Defendant, in his verified answer, alleged among
burned by workers of World Pleasure Resorts, Inc. others:
(WPRI) for the construction of a hotel and golf
course. Upon inquiry with the project site engineer 1) Defendant specifically denies the allegation in
if they had a permit for the project, Maingat was paragraphs 1 and 2 of the complaint, the truth
shown a copy of the Environmental Compliance being defendant did not execute any promissory
Certificate (ECC) issued by the DENR-EMB, note in favor of plaintiff, or
Regional Director (RD-DENR-EMB). Immediately,
Maingat and STK filed a petition for the issuance of 2) Defendant has paid the Ill million claimed in the
a writ of continuing mandamus against RD-DENR- promissory note (Annex "A" of the Complaint) as
EMB and WPRI with the RTC of Province I, a evidenced by an "Acknowledgment Receipt" duly
designated environmental court, as the RD-DENR- executed by plaintiff on January 30, 2015 in Manila
EMB negligently issued the ECC to WPRI. with his spouse signing as witness.
A copy of the "Acknowledgment Receipt" is b.) What is Aldrin's remedy? (2%)
attached as Annex "1" hereof.

Plaintiff filed a motion for judgment on the IX.

pleadings on the ground that defendant's answer Hades, an American citizen, through a dating
failed to tender an issue as the allegations therein website, got acquainted with Persephone, a
on his defenses are sham for being inconsistent; Filipina. Hades came to the Philippines and
hence, no defense at all. Defendant filed an proceeded to Baguio City where Persephone
opposition claiming his answer tendered an issue. resides. Hades and Persephone contracted
marriage, solemnized by the Metropolitan Trial
a.) Is judgment on the pleadings proper? (3%) Court judge of Makati City. After the wedding,
Defendant filed a motion for summary judgment Hades flew back to California, United States of
on the ground that there are no longer any triable America, to wind up his business affairs. On his
genuine issues of facts. return to the Philippines, Hades discovered that
Persephone had an illicit affair with Phanes.
b.) Should the court grant defendant's motion for Immediately, Hades returned to the United States
summary judgment? (3%) and was able to obtain a valid divorce decree from
the Superior Court of the County of San Mateo,
California, a court of competent jurisdiction
VIII. against Persephone. Hades desires to marry
Aldrin entered into a contract to sell with Neil over Hestia, also a Filipina, whom he met at Baccus Grill
a parcel of land. The contract stipulated a in Pasay City.
P500,000.00 down payment upon signing and the
balance payable in twelve (12) monthly a.) As Hades' lawyer, what petition should you file
installments of Pl00,000.00. Aldrin paid the down in order that your client can avoid prosecution for
payment and had paid three (3) monthly bigamy if he desires to marry Hestia? (2%)
installments when he found out that Neil had sold
the same property to Yuri for Pl.5 million paid in b.) In what court should you file the petition? (1%)
cash. Aldrin sued Neil for specific performance
with damages with the RTC. Yuri, with leave of c.) What is the essential requisite that you must
court, filed an answer-in-intervention as he had comply with for the purpose of establishing
already obtained a TCT in his name. After trial, the jurisdictional facts before the court can hear the
court rendered judgment ordering Aldrin to pay all petition? (3%)
the installments due, the cancellation of Yuri's
title, and Neil to execute a deed of sale in favor of
Aldrin. When the judgment became final and X.
executory, Aldrin paid Neil all the installments but An information for murder was filed against
the latter refused to execute the deed of sale in Rapido. The RTC judge, after personally evaluating
favor of the former. the prosecutor's resolution, documents and
parties' affidavits submitted by the prosecutor,
Aldrin filed a "Petition for the Issuance of a Writ of found probable cause and issued a warrant of
Execution" with proper notice of hearing. The arrest. Rapido's lawyer examined the rollo of the
petition alleged, among others, that the decision case and found that it only contained the copy of
had become final and executory and he is entitled the information, the submissions of the prosecutor
to the issuance of the writ of execution as a matter and a copy of the warrant of arrest. Immediately,
of right. Neil filed a motion to dismiss the petition Rapido's counsel filed a motion to quash the arrest
on the ground that it lacked the required warrant for being void, citing as grounds:
certification against forum shopping.
a.) The judge before issuing the warrant did not
a.) Should the court grant Neil's Motion to personally conduct a searching examination of the
Dismiss? (3%) prosecution witnesses in violation of his client's
constitutionally-mandated rights;
Despite the issuance of the writ of execution
directing Neil to execute the deed of sale in favor b.) There was no prior order finding probable
of Aldrin, the former obstinately refused to cause before the judge issued the arrest warrant.
execute the deed.
May the warrant of arrest be quashed on the After the inquest proceeding, the public
grounds cited by Rapido's counsel? State your prosecutor filed an information for Violation of
reason for each ground. (4%) R.A. No. 9262 (The VA WC Law) for physical
violence and five separate informations for
violation of R.A. No. 7610 (The Child Abuse Law).
XI. Oasis Jung's lawyer filed a motion to be admitted
The Ombudsman found probable cause to charge to bail but the court issued an order that approval
with plunder the provincial governor, vice of his bail bond shall be made only after his
governor, treasurer, budget officer, and arraignment.
accountant. An Information for plunder was filed
with the Sandiganbayan against the provincial a.) Did the court properly impose that bail
officials except for the treasurer who was granted condition? (3%)
immunity when he agreed to cooperate with the
Ombudsman in the prosecution of the case. Before arraignment, Oasis Jung's lawyer moved to
Immediately, the governor filed with the quash the other four separate informations for
Sandiganbayan a petition for certiorari against the violation of the child abuse law invoking the single
Ombudsman claiming there was grave abuse of larceny rule.
discretion in excluding the treasurer from the
Information. b.) Should the motion to quash be granted? (2%)

a.) Was the remedy taken by the governor correct? c.) After his release from detention on bail, can
(2%) Oasis Jung still question the validity of his arrest?
(2%)
b.) Will the writ of mandamus lie to compel the
Ombudsman to include the treasurer in the
Information? (3%) XIII.
Jaime was convicted for murder by the Regional
c.) Can the Special Prosecutor move for the Trial Court of Davao City in a decision promulgated
discharge of the budget officer to corroborate the on September 30, 2015. On October 5, 2015, Jaime
testimony of the treasurer in the course of filed a Motion for New Trial on the ground that
presenting its evidence? (2%) errors of law and irregularities prejudicial to his
rights were committed during his trial. On October
7, 2015, the private prosecutor, with the
XII. conformity of the public prosecutor, filed an
Paz was awakened by a commotion coming from a Opposition to Jaime's motion. On October 9, 2015,
condo unit next to hers. Alarmed, she called up the the court granted Jaime's motion. On October 12,
nearby police station. PO 1 Remus and P02 2015, the public prosecutor filed a motion for
Romulus proceeded to the condo unit identified by reconsideration. The court issued an Order dated
Paz. PO 1 Remus knocked at the door and when a October 16, 2015 denying the public prosecutor's
man opened the door, POI Remus and his motion for reconsideration. The public prosecutor
companions introduced themselves as police received his copy of the order of denial on October
officers. The man readily identified himself as Oasis 20, 2015 while the private prosecutor received his
Jung and gestured to them to come in. Inside, the copy on October 26, 2015.
police officers saw a young lady with her nose
bleeding and face swollen. Asked by P02 Romulus a.) What is the remedy available to the
what happened, the lady responded that she was prosecution from the court's order granting
beaten up by Oasis Jung. The police officers Jaime's motion for new trial? (3%)
arrested Oasis Jung and brought him and the
young lady back to the police station. PO1 Remus b.) In what court and within what period should a
took the young lady's statement who identified remedy be availed of? (1%)
herself as AA. She narrated that she is a sixteen-
year-old high school student; that previous to the c.) Who should pursue the remedy? (2%)
incident, she had sexual intercourse with Oasis
Jung at least five times on different occasions and
she was paid P5,000.00 each time and it was the XIV.
first time that Oasis Jung physically hurt her. P02 Pedro was charged with theft for stealing Juan's
Romulus detained Oasis Jung at the station's jail. cellphone worth P20,000.00. Prosecutor Marilag
at the pre-trial submitted the judicial affidavit of arbitral award. Super Powers, Inc., in its
Juan attaching the receipt for the purchase of the opposition, moved to dismiss the petition, invoking
cellphone to prove civil liability. She also submitted the ADR Rules, on the ground of improper venue
the judicial affidavit of Mario, an eyewitness who as neither of the parties were doing business in
narrated therein how Pedro stole Juan's cellphone. Pasay City.
At the trial, Pedro's lawyer objected to the
prosecution's use of judicial affidavits of her Should Water Builders' petition be dismissed? (3%)
witnesses considering the imposable penalty on XVI.
the offense with which his client was charged. AA, a twelve-year-old girl, while walking alone met
BB, a teenage boy who befriended her. Later, BB
a.) Is Pedro's lawyer correct in objecting to the brought AA to a nearby shanty where he raped
judicial affidavit of Mario? (2%) her. The Information for rape filed against BB
states:
b.) Is Pedro's lawyer correct in objecting to the
judicial affidavit of Juan? (2%) "On or about October 30, 2015, in the City of S.P.
and within the jurisdiction of this Honorable Court,
At the conclusion of the prosecution's the accused, a minor, fifteen (15) years old with
presentation of evidence, Prosecutor Marilag lewd design and by means of force, violence and
orally offered the receipt attached to Juan's intimidation, did then and there, willfully,
judicial affidavit, which the court admitted over unlawfully and feloniously had sexual intercourse
the objection of Pedro's lawyer. with AA, a minor, twelve (12) years old against the
latter's will and consent."
After Pedro's presentation of his evidence, the
court rendered judgment finding him guilty as At the trial, the prosecutor called to the witness
charged and holding him civilly liable for stand AA as his first witness and manifested that
P20,000.00. he be allowed to ask leading questions in
conducting his direct examination pursuant to the
Pedro's lawyer seasonably filed a motion for Rule on the Examination of a Child Witness. BB's
reconsideration of the decision asserting that the counsel objected on the ground that the
court erred in awarding the civil liability on the prosecutor has not conducted a competency
basis of Juan's judicial affidavit, a documentary examination on the witness, a requirement before
evidence which Prosecutor Marilag failed to orally the rule cited can be applied in the case.
offer.
a.) Is BB's counsel correct? (3%)
c.) Is the motion for reconsideration meritorious?
(2%) In order to obviate the counsel's argument on the
competency of AA as prosecution witness, the
judge motu proprio conducted his voir dire
XV. examination on AA.
Water Builders, a construction company based in
Makati City, entered into a construction b.) Was the action taken by the judge proper? (2%)
agreement with Super Powers, Inc., an energy After the prosecution had rested its case, BB' s
company based in Manila, for the construction of a counsel filed with leave a demurrer to evidence,
mini hydro electric plant. Water Builders failed to seeking the dismissal of the case on the ground
complete the project within the stipulated that the prosecutor failed to present any evidence
duration. Super Powers cancelled the contract. on BB' s minority as alleged in the Information.
Water Builders filed a request for arbitration with
the Construction Industry Arbitration Commission c.) Should the court grant the demurrer? (3%)
(CIAC). After due proceedings, CIAC rendered
judgment in favor of Super Powers, Inc. ordering
Water Builders to pay the former P10 million, the
full amount of the down payment paid, and P2 XVII.
million by way of liquidated damages. Dissatisfied Hercules was walking near a police station when a
with the CIAC's judgment, Water Builders, police officer signaled for him to approach. As
pursuant to the Special Rules of Court on soon as Hercules came near, the police officer
Alternative Dispute Resolution (ADR Rules) filed frisked him but the latter found no contraband.
with the RTC of Pasay City a petition to vacate the The police officer told Hercules to get inside the
police station. Inside the police station, Hercules
asked the police officer, "Sir, may problema po Respondents Mapusok and APKA, in their Return
ba?" Instead of replying, the police officer locked filed with the Court of Appeals, raised as their
up Hercules inside the police station jail. defense that the petition should be dismissed on
the ground that ALMA cannot file the petition
a.) What is the remedy available to Hercules to because of the earlier petition filed by Mayumi
secure his immediate release from detention? (2%) with the RTC.

b.) If Hercules filed with the Ombudsman a b.) Are respondents correct in raising their
complaint for warrantless search, as counsel for defense? (3%)
the police officer, what defense will you raise for c.) Mayumi later filed separate criminal and civil
the dismissal of the complaint? (3%) actions against Mapusok. How will the cases affect
the amparo petition she earlier filed? (1%)
c.) If Hercules opts to file a civil action against the
police officer, will he have a cause of action? (3%)

XVIII.
The residents of Mt. Ahohoy, headed by Masigasig,
formed a nongovernmental organization - Alyansa
Laban sa Minahan sa Ahohoy (ALMA) to protest
the mining operations of Oro Negro Mining in the
mountain. ALMA members picketed daily at the
entrance of the mining site blocking the ingress
and egress of trucks and equipment of Oro Negro,
hampering its operations. Masigasig had an
altercation with Mapusok arising from the
complaint of the mining engineer of Oro Negro
that one of their trucks was destroyed by ALMA
members. Mapusok is the leader of the
Association of Peace Keepers of Ahohoy (APKA), a
civilian volunteer organization serving as auxiliary
force of the local police to maintain peace and
order in the area. Subsequently, Masigasig
disappeared. Mayumi, the wife of Masigasig, and
the members of ALMA searched for Masigasig, but
all their efforts proved futile. Mapagmatyag, a
member of ALMA, learned from Maingay, a
member of APKA, during their binge drinking that
Masigasig was abducted by other members of
APKA, on order of Mapusok. Mayumi and ALMA
sought the assistance of the local police to search
for Masigasig, but they refused to extend their
cooperation.

Immediately, Mayumi filed with the RTC, a petition

for the issuance of the writ of amparo against
Mapusok and APKA. ALMA also filed a petition for
the issuance of the writ of amparo with the Court
of Appeals against Mapusok and APKA.
Respondents Mapusok and APKA, in their Return
filed with the RTC, raised among their defenses
that they are not agents of the State; hence,
cannot be impleaded as respondents in an amparo
petition.

a.) Is their defense tenable? (3%)

 change his clothes. To his surprise, he found his
wife Bionci in bed making love to another woman
Magna. Enraged, Procopio grabbed a knife nearby
and stabbed Bionci, who died.

a) What crime did Procopio commit, and what

circumstance attended the case? Explain. (3%)

b) Assuming that Procopio and Bionci were

common-law spouses, will your answer be the
same? Explain. (2%)
CRIMINAL LAW (2015) V.
Dion and Talia were spouses. Dion always came
home drunk since he lost his job a couple of
months ago. Talia had gotten used to the verbal
I. abuse from Dion. One night, in addition to the
a) How are felonies committed? Explain each. (3%) usual verbal abuse, Dion beat up Talia. The next
morning, Dion saw the injury that he had inflicted
b) What is aberratio ictus? (2%) upon Talia and promised her that he would stop
drinking and never beat her again. However, Dion
did not make good on his promise. Just after one
II. week, he started drinking again. Talia once more
Distinguish between ex post facto law and bill of endured the usual verbal abuse. Afraid that he
attainder. (3%) might beat her up again, Talia stabbed Dion with a
kitchen knife while he was passed out from
imbibing too much alcohol. Talia was charged with
III. the crime of parricide.
The Regional Trial Court {RTC) found Tiburcio guilty
of frustrated homicide and sentenced him to an a) May Talia invoke the defense of Battered
indeterminate penalty of four years and one day Woman Syndrome to free herself from criminal
of prision correccional as minimum, to eight years liability? Explain. (2.5%)
of prision mayor as maximum, and ordered him to
pay actual damages in the amount of 1125,000.00. b) Will your answer be the same, assuming that
Tiburcio appealed to the Court of Appeals which Talia killed Dion after being beaten up after a
sustained his conviction as well as the penalty second time? Explain. (2.5%)
imposed by the court a quo. After sixty days, the
Court of Appeals issued an Entry of Judgment and
remanded the records of the case to the RTC. VI.
Three days thereafter, Tiburcio died of heart Senator Adamos was convicted of plunder. About
attack. Atty. Abdul, Tiburcio's counsel, filed before one year after beginning to serve his sentence, the
the RTC a Manifestation with Motion to Dismiss, President of the Philippines granted him absolute
informing the court that Tiburcio died already, and pardon. The signed pardon states: "In view hereof,
claiming that his criminal liability had been and in pursuance of the authority vested upon me
extinguished by his demise. by the Constitution, I hereby grant absolute
pardon unto Adamos, who was convicted of
a) Should the RTC grant the Motion to Dismiss the plunder in Criminal Case No. XV32 and upon whom
case? Explain. (2.5%) the penalty of reclusion perpetua was imposed."
He now comes to you for advice. He wants to
b) Assuming that Tiburcio' s death occurred before know if he could run for senator in the next
the Court of Appeals rendered its decision, will you election.
give a different answer? Explain. (2.5%)
a) What advice will you give Adamos? Explain.
(2.5%)
IV.
Procopio, a call center agent assigned at a b) Assuming that what Adamos committed was
graveyard shift, went home earlier than usual. He heading a rebellion for which he was imposed the
proceeded immediately to their bedroom to same penalty of reclusion perpetua, and what he
received was amnesty from the government, will
your answer be the same? Explain. (2.5%)
IX.
The Philippine Drug Enforcement Agency (PDEA)
VII had intelligence reports about the drug pushing
Taylor was convicted of a violation of the Election activities of Rado, but could not arrest him for lack
Code, and was sentenced to suffer imprisonment of concrete evidence. SP03 Relio, a PDEA team
of one year as minimum, to three years as leader, approached Emilo and requested him to
maximum. The decision of the trial court was act as poseur-buyer of shabu and transact with
affirmed on appeal and became final and Rado. Emilo refused, saying that he had
executory. Taylor failed to appear when completely been rehabilitated and did not want to
summoned for execution of judgment, prompting have anything to do with drugs anymore. But he
the judge to issue an order for his arrest. Taylor was prevailed upon to help when SP03 Relio
was able to use the backdoor and left for the explained that only he could help capture Rado
United States. Fifteen years later, Taylor returned because he used to be his customer. SP03 Relio
to the Philippines and filed a Motion to Quash the then gave Emilo the marked money to be used in
warrant of arrest against him, on the ground that buying shabu from Rado. The operation
the penalty imposed against him had already proceeded. After Emilo handed the marked money
prescribed. to Rado in exchange for the sachets
of shabu weighing 50 grams, and upon receiving
a) If you were the judge, would you grant Taylor's the pre-arranged signal from Ernilo, SP03 Relio and
Motion to Quash? Explain. (2.5%) his team members barged in and arrested Rado
and Ernilo, who were both charged with violation
b) Assuming that instead of the United States, of R.A. 9165, otherwise known as the
Taylor was able to go to another country with Comprehensive Dangerous Drugs Act of 2002.
which the Philippines had no extradition treaty,
will your answer be the same? Explain. (2.5%) a) What defense, if any, may Ernilo invoke to free
himself from criminal liability? Explain. (2.5%)

VIII. b) May Rado adopt as his own Ernilo's defense?

A typhoon destroyed the houses of many of the Explain. (2.5%)
inhabitants of X Municipality. Thereafter, X
Municipality operated a shelter assistance
program whereby construction materials were X.
provided to the calamity victims, and the Honesto and Wilma were married but had been
beneficiaries provided the labor. The construction living separately due to irreconcilable differences.
was partially done when the beneficiaries stopped Honesto later met Celia and fell in love with her.
helping with the construction for the reason that Thinking that he could marry Celia if Wilma were
they needed to earn income to provide food for to die, Honesto decided to kill Wilma. He secretly
their families. When informed of the situation, followed Wilma for weeks to learn her daily
Mayor Maawain approved the withdrawal of ten routine. He decided to kill her at night on her way
boxes of food from X Municipality's feeding home. On the night he was to kill Wilma, Honesto
program, which were given to the families of the wore dark clothes so that he would not be easily
beneficiaries of the shelter assistance program. seen. He waited in the dark alley for Wilma to pass
The appropriations for the funds pertaining to the by. He saw someone whom he thought looked like
shelter assistance program and those for the Wilma and shot her with a revolver. The bullet
feeding program were separate items on X passed through the person's head and grazed
Municipality's annual budget. another passerby's arm. Some bystanders who
heard the shot were able to stop Honesto.
a) What crime did Mayor Maawain commit?
Explain. (2.5%) It turned out that Wilma did not report for work
on that day, and the one who was shot in the head
b) May Mayor Maawain invoke the defense of was Melba, who died. The passerby whose arm
good faith and that he had no evil intent when he was grazed by the bullet required medical
approved the transfer of the boxes of food from attendance for two days.
the feeding program to the shelter assistance
program? Explain. (2.5%)
a) What crime(s) did Honesto commit? Explain. victim were Indonesians. He likewise argued that
(2.5%) he could not be prosecuted in Manila because the
vessel is a Malaysian-registered ship.
b) Will your answer be the same, assuming that
the other passerby was hit in the left eye which Discuss the merits of Ando's contentions. (4%)
caused his/her blindness? Explain. (2.5%)

XIII.
XI. Dora gave Elen several pieces of jewelry for sale on
Nel learned that Elgar, the owner of the biggest commission basis. They agreed that Elen would
house in the place, would be out of town for three remit the proceeds of the sale and return the
days with no one left to watch the house. He called unsold items to Dora within sixty days. The period
his friends Ben, Ardo and Gorio and they planned expired without Elen remitting the proceeds of the
to take the valuables in the house while Elgar was sale or returning the pieces of jewelry. Dora
away. Nel and Ben would go inside the house, demanded by phone that Elen turn over the
Ardo would serve as the lookout, while Gorio proceeds of the sale and return the unsold pieces
would stay in the getaway car. When Elgar left, of jewelry. Elen promised to do so the following
they carried out their plan to the letter. Nel and day. El en still failed to make good on her promise
Ben went inside the house through the backdoor but instead issued post-dated checks. Thereafter,
which was left unlocked. None of the rooms and Dora made several more demands, the last of
drawers inside were locked. They took the money, which was in writing, but they were all unheeded.
jewelry and other valuables therefrom and When the checks were deposited in Dora's bank
immediately left using the getaway car. account, the checks were returned unpaid for
insufficient funds. Elen was charged with estafa
After driving for about one kilometer, Nel realized and violation of Batas Pambansa Big. 22.
he left his bag and wallet with IDs in the house and
so he instructed Gorio to drive back to the house. Will the charges against Elen prosper? Explain.
Nel just went in thinking that the house was still (4%)
empty. But to his surprise, Nel found Fermin
seated on a bench with Nel's bag and wallet beside
him and appeared to be texting using his smart XIV.
phone. Nel took a golf club near him and hit Dela convinced Nita to work in Taiwan, promising
Fermin with it. Fermin shouted for help, but Nel Nita that she would take care of the processing of
kept hitting him until he stopped making noise. the necessary documents. Dela collected
The noise alerted the neighbor who called the P120,000.00 from Nita purportedly for the
police. Nel, Ben, Ardo and Gorio were caught. processing of her papers. Upon receipt of the
Fermin died. money, Nita was made to accomplish certain
forms and was told that she would be deployed to
What is the criminal liability of Nel, Ben, Ardo and Taiwan within one month. After one month, Nita
Gorio? Explain. (5%) followed up on her application. Dela made some
excuses and told Nita that the deployment would
be delayed. Another month passed and Dela made
XII. other excuses which made Nita suspicious. Nita
Ando, an Indonesian national who just visited the later discovered that Dela was not licensed to
Philippines, purchased a ticket for a passenger recruit. Nita confronted Dela and demanded the
vessel bound for Hong Kong. While on board the return of her money. Dela promised to return the
vessel, he saw his mortal enemy Iason, also an same in a week's time.
Indonesian national, seated at the back portion of
the cabin and who was busy reading a newspaper. a) A week later, Dela was nowhere to be found.
Ando stealthily approached Iason and when he What crime(s) did Dela commit? Explain. (2.5%)
was near him, Ando stabbed and killed Iason. The
vessel is registered in Malaysia. The killing b) Will your answer still be the same, assuming
happened just a few moments after the vessel left that the promise to deploy for employment
the port of Manila. Operatives from the PNP abroad was made by Dela to Celia, Digna and
Maritime Command arrested Ando. Presented for Emma, in addition to Nita, and from whom Dela
the killing of Iason, Ando contended that he did also collected the same amount of processing fee?
not incur criminal liability because both he and the Explain. (2.5%)
XV. XVIII.
Dancio, a member of a drug syndicate, was a Lito, a minor, was bullied by Brutus, his classmate.
detention prisoner in the provincial jail of X Having had enough, Lito got the key to the safe
Province. Brusco, another member of the where his father kept his licensed pistol and took
syndicate, regularly visited Dancio. Edri, the guard the weapon. Knowing that Brutus usually hung out
in charge who had been receiving gifts from Brusco at a nearby abandoned building after class, Lito
everytime he visited Dancio, became friendly with went ahead and hid while waiting for Brutus.
him and became relaxed in the inspection of his When Lito was convinced that Brutus was alone,
belongings during his jail visits. In one of Brusco's he shot Brutus, who died on the spot. Lito then hid
visits, he was able to smuggle in a pistol which the gun in one of the empty containers. At the
Dancio used to disarm the guards and destroy the time of the shooting, Lito was fifteen years and
padlock of the main gate of the jail, enabling one month old.
Dancio to escape.
What is Lito's criminal liability? Explain. (4%)
What crime(s) did Dancio, Brusco and Edri
commit? Explain. (5%)
XIX.
Bruno, a taxi driver, had an indebtedness in the
XVI. sum of P10,000.00 which would become due in
Erwin and Bea approached Mayor Abral and one week. He was starting to worry because he
requested him to solemnize their marriage. Mayor still had not raised the amount to pay for his debt.
Abral agreed. Erwin and Bea went to Mayor Abral's Every day, he had prayed for divine intervention.
office on the day of the ceremony, but Mayor One night, while returning the taxi to the garage,
Abral was not there. When Erwin and Bea inquired he found a wallet on the back seat. Inspecting it,
where Mayor Abral was, his chief of staff Donato he learned that it contained exactly Pl 0,000.00
informed them that the Mayor was campaigning cash, the amount of his obligation, and IDs.
for the coming elections. Donato told them that Thinking it was divine intervention, and that his
the Mayor authorized him to solemnize the prayers were answered, he took the money and
marriage and that Mayor Abral would just sign the used it to pay his debt.
documents when he arrived. Donato thereafter
solemnized the marriage and later turned over the a) What crime, if any, did Bruno commit? Explain.
documents to Mayor Abral for his signature. In the (2.5%)
marriage contract, it was stated that the marriage
was solemnized by Mayor Abral. b) Assuming that instead of using the money,
Bruno turned over the wallet and its contents to
What crime(s) did Mayor Abral and Donato the nearby police station, and it was the chief of
commit? Explain. (4%) police of that station who appropriated the money
for his own benefit, what crime was committed by
the chief of police? Explain. (2.5%)
XVII.
After a heated argument over his philandering,
Higino punched on the head his wife Aika, who XX.
was six and a half months pregnant. Because of Senio planned to burn Bal' s house. One evening,
the impact, Aika lost her balance, fell on the floor during a drinking spree at his house, Senio told his
with her head hitting a hard object. Aika died and friends what he intended to do and even showed
the child was expelled prematurely. After thirty-six them the gasoline in cans that he would use for
hours, the child died. the purpose. Carlo, a common friend of Senio and
Bal, was present at the drinking spree. He was still
a) What crime(s) did Higino commit? Explain. sober when Senio told them his plans. Before
(2.5%) going home, Carlo warned Bal that Senio would
burn his house and had already bought gasoline
b) Assuming that when the incident occurred, Aika that would be used for the purpose. Bal reported
was only six months pregnant, and when she died, the matter to the police authorities. Meanwhile,
the fetus inside her womb also died, will your Senio went to Bal' s house and proceeded to pour
answer be different? Explain. (2.5%)
gasoline around the walls of the house and it was
at that point when he was caught by the police.

What crime did Senio commit, if any? Explain. (3%)

XXI.
Filipino citizens Hector and Wendy were married in
New York, and have been living happily in Manila
for the last three years. Hector was removing junk
from his basement when he came across an
unlabeled recordable cd. He put it in his
computer's DVD drive to check its contents. To his
surprise, he saw a video of Wendy and another
man Ariel, in the act of sexual intercourse in the
master's bedroom of his house. Angered by what
he saw, he filed a complaint for adultery against
Wendy and Ariel. During the course of the trial,
and again to the surprise of Hector, it was proved
that Wendy was born male and underwent sex
reassignment later in life.

a) May Hector's charge of adultery against Wendy

and Ariel prosper? Explain. (3%)

b) What is an impossible crime? Can there be an

impossible crime of adultery? (2%)

XXII.
Charlie was charged for the qualified rape of AAA.
The Information alleged that AAA was 14 years old
at the time the crime was committed and that
Charlie was AAA's stepfather. The presentation of
AAA's birth certificate during the trial duly
established the following: (1) that AAA was indeed
14 years old at the time of the rape; and (2) that
AAA's mother is BBB and her father was the late
CCC. BBB and Charlie only became live-in partners
after CCC's death. The RTC found Charlie guilty of
qualified rape. On appeal, the Court of Appeals
convicted Charlie of simple rape. Charlie appealed
before the Supreme Court.

How will you rule and why? (3%)

 another man, leaving their two children of school
age with Marco. When Marco needed money for
their children's education he sold a parcel of land
registered in his name, without Gina's consent,
which he purchased before his marriage.

Is the sale by Marco valid, void or voidable?

Explain with legal basis. (4%)

III.
Julie had a relationship with a married man who
had legitimate children. A son was born out of that
illicit relationship in 1981. Although the putative
father did not recognize the child in his certificate
of birth, he nevertheless provided the child with all
the support he needed and spent time regularly
with the child and his mother. When the man died
in 2000, the child was already 18 years old so he
filed a petition to be recognized as an illegitimate
child of the putative father and sought to be given
a share in his putative father's estate. The
legitimate family opposed, saying that under the
I. CIVIL LAW (2015) Family Code his action cannot prosper because he
did not bring the action for recognition during the
Alden and Stela were both former Filipino citizens. lifetime of his putative father.
They were married in the Philippines but they later
migrated to the United States where they were a) If you were the judge in this case, how would
naturalized as American citizens. In their union you rule? (4%)
they were able to accumulate several real
properties both in the US and in the Philippines. b) Wishing to keep the peace, the child during the
Unfortunately, they were not blessed with pendency of the case decides to compromise with
children. In the US, they executed a joint will his putative father's family by abandoning his
instituting as their common heirs to divide their petition in exchange for 1/2 of what he would have
combined estate in equal shares, the five siblings received as inheritance if he were recognized as an
of Alden and the seven siblings of Stela. Alden illegitimate child.
passed away in 2013 and a year later, Stela also
died. The siblings of Alden who were all citizens of As the judge, would you approve such a
the US instituted probate proceedings in a US compromise? (2%)
court impleading the siblings of Stela who were all
in the Philippines.
IV.
a) Was the joint will executed by Alden and Stela Bert and Joe, both male and single, lived together
who were both former Filipinos valid? Explain with as common law spouses and agreed to raise a son
legal basis. (3%) of Bert's living brother as their child without legally
adopting him. Bert worked while Joe took care of
b) Can the joint will produce legal effect in the their home and the boy. In their 20 years of
Philippines with respect to the properties of Alden cohabitation they were able to acquire real estate
and Stela found here? If so, how? (3%) assets registered in their names as co-owners.
Unfortunately, Bert died of cardiac arrest, leaving
c) Is the situation presented in Item I an example no will. Bert was survived by his biological siblings,
of depe9age? (2%) Joe, and the boy.

a) Can Article 147 on co-ownership apply to Bert

II. and Joe, whereby all properties they acquired will
Marco and Gina were married in 1989. Ten years be presumed to have been acquired by their joint
later, or in 1999, Gina left Marco and lived with
industry and shall be owned by them in equal neighbors who informed him that Glenda has had
shares? (2%) intimate relations with various men throughout
their marriage whenever Kardo was away on
b) What are the successional rights of the boy Bert assignment.
and Joe raised as their son? (2%)
Kardo filed a petition for declaration of nullity of
c) If Bert and Joe had decided in the early years of marriage under Article 36. Based on interviews
their cohabitation to jointly adopt the boy, would from Kardo, his aide, and the housekeeper, a
they have been legally allowed to do so? Explain psychologist testified that Glenda's habitual
with legal basis. (3%) infidelity was due to her affliction with Histrionic
Personality Disorder, an illness characterized by
excessive emotionalism and uncontrollable
V. attention-seeking behavior rooted in Glenda's
Mrs. L was married to a ship captain who worked abandonment as a child by her father. Kardo
for an international maritime vessel. For her and himself, his aide, and his housekeeper also
her family's support, she would claim monthly testified in court. The RTC granted the petition,
allotments from her husband's company. One day, relying on the liberality espoused by Te v.
while en route from Hong Kong to Manila, the Te and Azcueta v. Republic. However, the OSG
vessel manned by Captain L encountered a severe filed an appeal, arguing that sexual infidelity was
typhoon at sea. The captain was able to send radio only a ground for legal separation and that the RTC
messages of distress to the head office until all failed to abide by the guidelines laid down in
communications were lost. In the weeks that the Molina case.
followed, the search operations yielded debris of
the lost ship but the bodies of the crew and the How would you decide the appeal? (5%)
passengers were not recovered. The insurance
company thereafter paid out the death benefits to
all the heirs of the passengers and crew. Mrs. L VII.
filed a complaint demanding that her monthly Mr. and Mrs. X migrated to the US with all their
allotments continue for the next four years until children. As they had no intention of coming back,
her husband may be legally presumed dead they offered their house and lot for sale to their
because of his absence. neighbors, Mr. and Mrs. A (the buyers) who agreed
to buy the property for 128 Million. Because Mr.
If you were the magistrate, how would you rule? and Mrs. A needed to obtain a loan from a bank
(3%) first, and since the sellers were in a hurry to
migrate, the latter told the buyers that they could
already occupy the house, renovate it as it was
VI. already in a state of disrepair, and pay only when
Kardo met Glenda as a young lieutenant and after their loan is approved and released. While waiting
a whirlwind courtship, they were married. In the for the loan approval, the buyers spent .Pl Million
early part of his military career, Kardo was in repairing the house. A month later, a person
assigned to different places all over the country carrying an authenticated special power of
but Glenda refused to accompany him as she attorney from the sellers demanded that the
preferred to live in her hometown. They did not buyers either immediately pay for the property in
live together until the 12th year of their marriage full now or vacate it and pay damages for having
when Kardo had risen up the ranks and was given made improvements on the property without a
his own command. sale having been perfected.

They moved to living quarters in Fort Gregorio. a) What are the buyers' options or legal rights with
One day, while Kardo was away on official respect to the expenses they incurred in improving
business, one of his military aides caught Glenda the property under the circumstances? (3%)
having sex with the corporal assigned as Kardo's
driver. The aide immediately reported the matter b) Can the buyers be made to immediately vacate
to Kardo who rushed home to confront his wife. on the ground that the sale was not perfected?
Glenda readily admitted the affair and Kardo sent Explain briefly. (3%)
her away in anger. Kardo would later come to
know the true extent of Glenda's unfaithfulness
from his aides, his household staff, and former VIII.
X, Y, Z are siblings who inherited a IO-storey When the buyer discovered that she was still a
building from their parents. They agreed in writing minor, she promised to execute another Deed of
to maintain it as a co-owned property for leasing Sale when she turns 18. When Jackie turned 25
out and to divide the net profits among and was already working, she wanted to annul the
themselves equally for a period of 20 years. On the sale and return the buyer's money to recover her
8th year, X wanted to get out of the co-ownership townhouse.
so he could get his 1/3 share in the property. Y and
Z refused, saying X is bound by their agreement to Was the sale contract void, voidable or valid? Can
keep the co-ownership for 20 years. Jackie still recover the property? Explain. (4%)

Are Y and Z correct? Explain. (3%)

XII.
A. Iya and Betty owed Jun P500,000.00 for
IX. advancing their equity in a corporation they joined
Jose, single, donated a house and lot to his only as incorporators. Iya and Betty bound themselves
niece, Maria, who was of legal age and who solidarily liable for the debt. Later, Iya and Jun
accepted the donation. The donation and Maria's became sweethearts so Jun condoned the debt of
acceptance thereof were evidenced by a Deed of P500,000.00. May lya demand from Betty
Donation. Maria then lived in the house and lot P250,000.00 as her share in the debt? Explain with
donated to her, religiously paying real estate taxes legal basis. (2%)
thereon. Twelve years later, when Jose had
already passed away, a woman claiming to be an B. Juancho, Don and Pedro borrowed P150,000.00
illegitimate daughter of Jose filed a complaint from their friend Cita to put up an internet cafe
against Maria. Claiming rights as an heir, the orally promising to pay her the full amount after
woman prayed that Maria be ordered to reconvey one year. Because of their lack of business know-
the house and lot to Jose's estate. In her complaint how, their business collapsed. Juancho and Don
she alleged that the notary public who notarized ended up penniless but Pedro was able to borrow
the Deed of Donation had an expired notarial money and put up a restaurant which did well. Can
commission when the Deed of Donation was Cita demand that Pedro pay the entire obligation
executed by Jose. since he, together with the two others, promised
to pay the amount in full after one year? Defend
Can Maria be made to reconvey the property? your answer. (2%)
What can she put up as a defense? (4%)

XIII.
X. A. X and Y are partners in a shop offering portrait
X, a dressmaker, accepted clothing materials from painting. Y provided the capital and the marketing
Karla to make two dresses for her. On the day X while X was the portrait artist. They accepted the
was supposed to deliver Karla's dresses, X called P50,000.00 payment of Kyla to do her portrait but
up Karla to say that she had an urgent matter to X passed away without being able to do it. Can
attend to and will deliver them the next day. That Kyla demand that Y deliver the portrait she had
night, however, a robber broke into her shop and paid for because she was dealing with the business
took everything including Karla's two dresses. X establishment and not with the artist personally?
claims she is not liable to deliver Karla's dresses or Why or why not? (3%)
to pay for the clothing materials considering she
herself was a victim of the robbery which was a B. In this jurisdiction, is a joint venture (i.e., a
fortuitous event and over which she had no group of corporations contributing resources for a
control. specific project and sharing the profits therefrom)
considered a partnership? (3%)
Do you agree? Why? (3%)

XIV.
XI. A driver of a bus owned by company Z ran over a
Jackie, 16, inherited a townhouse. Because she boy who died instantly. A criminal case for reckless
wanted to study in an exclusive school, she sold imprudence resulting in homicide was filed against
her townhouse by signing a Deed of Sale and the driver. He was convicted and was ordered to
turning over possession of the same to the buyer. pay P2 Million in actual and moral damages to the
parents of the boy who was an honor student and Z, a gambler, wagered and lost P2 Million in
had a bright future. Without even trying to find out baccarat, a card game. He was pressured into
if the driver had assets or means to pay the award signing a Deed of Absolute Sale in favor of the
of damages, the parents of the boy filed a civil winner covering a parcel of land with
action against the bus company to make it directly improvements worth P20 Million. One month
liable for the damages. later, the supposed vendee of the property
demanded that he and his family vacate the
a) Will their action prosper? (4%) property subject of the deed of sale.

b) If the parents of the boy do not wish to file a Was the deed of sale valid? What can Z do? (4%)
separate civil action against. the bus company, can
they still make the bus company liable if the driver
cannot' pay the award for damages? If so, what is XVIII.
the nature of the employer's liability and how may A lawyer was given an authority by means of a
civil damages be satisfied? (3%) Special Power of Attorney by his client to sell a
parcel of land for the amount of P3 Million. Since
the client owed the lawyer P1 Million in attorney's
XV. fees in a prior case he handled, the client agreed
A. Sara borrowed P50,000.00 from Julia and orally that if the property is sold, the lawyer was entitled
promised to pay it within six months. When Sara to get 5% agent's fee plus P1 Million as payment
tried to pay her debt on the 8th month, Julia for his unpaid attorney's fees. The client, however,
demanded the payment of interest of 12o/o per subsequently found a buyer of his own who was
annum because of Sara's delay in payment. Sara willing to buy the property for a higher amount.
paid her debt and the interest claimed by Julia.
After rethinking, Sara demanded back from Julia Can the client unilaterally rescind the authority he
the amount she had paid as interest. Julia claims gave in favor of his lawyer? Why or why not? (4%)
she has no obligation to return the interest paid by XIX.
Sara because it was a natural obligation which Sara Mr. A, a businessman, put several real estate
voluntarily performed and can no longer recover. properties under the name of his eldest son X
Do you agree? Explain. (4%) because at that time, X was the only one of legal
age among his four children. He told his son he
B. Distinguish civil and natural obligations. (2%) was to hold those assets for his siblings until they
become adults themselves. X then got married.
After 5 years, Mr. A asked X to transfer the titles
XVI. over three properties to his three siblings, leaving
Donna pledged a set of diamond ring and earrings two properties for himself. To A's surprise, X said
to Jane for P200,000.00 She was made to sign an that he can no longer be made to transfer the
agreement that if she cannot pay her debt within properties to his siblings because more than 5
six months, Jane could immediately appropriate years have passed since the titles were registered
the jewelry for herself. After six months, Donna in his name.
failed to pay. Jane then displayed the earrings and
ring set in her jewelry shop located in a mall. A Do you agree? Explain. (4%)
buyer, Juana, bought the jewelry set for
P300,000.00.
XX.
a) Was the agreement which Donna signed with A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed
Jane valid? Explain with legal basis. (2%) an application for registration of a parcel of land
which after due proceedings was granted by the
b) Can Donna redeem the jewelry set from Juana RTC acting as a land registration court. However,
by paying the amount she owed Jane to Juana? before the decree of registration could be issued,
Explain with legal basis. (2%) the spouses Roman and the spouses Cruz sold the
lot to Juan. In the notarized deed of sale, the
c) Give an example of a pledge created by sellers expressly undertook to submit the deed of
operation of law. (2%) sale to the land registration court so that the title
to the property would be directly issued in Juan's
name. Is such a stipulation valid? (2%)
XVII.
B. Distinguish a direct attack from a collateral Ms. C, a resident citizen, bought ready-to-wear
attack on a title. (2%) goods from Ms. B, a nonresident citizen.

C. If the title in Item XX.A is issued in the names of a) If the goods were produced from Ms. B's factory
the original sellers, would a motion filed by Juan in in the Philippines, is Ms. B's income from the sale
the same case to correct or amend the title in to Ms. C taxable in the Philippines? Explain. (2%)
order to reflect his name as owner be considered a
collateral attack? (2%) b) If Ms. B is an alien individual and the goods
were produced in her factory in China, is Ms. B's
income from the sale of the goods to Ms. C taxable
in the Philippines? Explain. (2%)

IV.
Mr. E and Ms. F are both employees of AAA Corp.
They got married on February 14, 2011. On
December 29, 2011, the couple gave birth to
triplets. On June 25, 2013, they had twins. What
were the personal exemptions/deductions which
Mr. E and Ms. F could claim in the following
taxable years:
a) For2010 (2%)
b) For 2011 (3%)
c) For 2013 (2%)

V.
BBB, Inc., a domestic corporation, enjoyed a
particularly profitable year in 2014. In June 2015,
TAXATION LAW (2015) its Board of Directors approved the distribution of
cash dividends to its stockholders. BBB, Inc. has
individual and corporate stockholders. What is the
tax treatment of the cash dividends received from
I. BBB, Inc. by the following stockholders:
Explain the principles of a sound tax system. (3%)
a) A resident citizen (1%)

II. b) Non-resident alien engaged in trade or business

Mr. A, a citizen and resident of the Philippines, is a (1%)
professional boxer. In a professional boxing match
held in 2013, he won prize money in United States c) Non-resident alien not engaged in trade or
(US) dollars equivalent to P300,000,000. business (1%)

a) Is the prize money paid to and received by Mr. A d) Domestic corporation (1%)
in the US taxable in the Philippines? Why? (2%)
e) Non-resident foreign corporation (1%)
b) May Mr. A's prize money qualify as an exclusion
from his gross income? Why? (2%)
VI.
c) The US already imposed and withheld income Differentiate between double taxation in the strict
taxes from Mr. A's prize money. How may Mr. A sense and in a broad sense and give an example of
use or apply the income taxes he paid on his prize each. (4%)
money to the US when he computes his income
tax liability in the Philippines for 2013? (4%)
VII.
On May 15, 2013, CCC, Inc. received the Final
III. Decision on Disputed Assessment issued by the
Commissioner of Internal Revenue (CIR) dismissing Indicate whether each of the following individuals
the protest of CCC, Inc. and affirming the is required or not required to file an income tax
assessment against said corporation. On June 10, return:
2013, CCC, Inc. filed a Petition for Review with the
Court of Tax Appeals (CTA) in division. On July 31, a) Filipino citizen residing outside the Philippines
2015, CCC, Inc. received a copy of the Decision on his income from sources outside the
dated July 22, 2015 of the CT A division dismissing Philippines. (1%)
its Petition. CCC, Inc. immediately filed a Petition
for Review with the CT A en banc on August 6, b) Resident alien on income derived from sources
2015. Is the immediate appeal by CCC, Inc. to the within the Philippines. (1%)
CTA en banc of the adverse Decision of the CTA
division the proper remedy? (3%) c) Resident citizen earning purely compensation
income from two employers within the Philippines,
whose income taxes have been correctly withheld.
VIII. (1%)
In June 2013, DDD Corp., a domestic corporation
engaged in the business of leasing real properties d) Resident citizen who falls under the
in the Philippines, entered into a lease agreement classification of minimum wage earners. (1%)
of a residential house and lot with EEE, Inc., a non-
resident foreign corporation. The residential house e) An individual whose sole income has been
and lot will be used by officials of EEE, Inc. during subjected to final withholding tax. (1%)
their visit to the Philippines. The lease agreement
was signed by representatives from DDD Corp. and
EEE, Inc. in Singapore. DDD Corp. did not subject XI.
the said lease to VAT believing that it was not a What are de minim is benefits and how are these
domestic service contract. Was DDD Corp. correct? taxed? Give three (3) examples of de
Explain. (3%) minimis benefits. (4%)

IX. XII.
For calendar year 2011, FFF, Inc., a VAT-registered Mr. H decided to sell the house and lot wherein he
corporation, reported unutilized excess input VAT and his family have lived for the past 10 years,
in the amount of Pl ,000,000.00 attributable to its hoping to buy and move to a new house and lot
zero-rated sales. Hoping to impress his boss, Mr. closer to his children's school. Concerned about
G, the accountant of FFF, Inc., filed with the the capital gains tax that will be due on the sale of
Bureau of Internal Revenue (BIR) on January 31, their house, Mr. H approaches you as a friend for
2013 a claim for tax refund/credit of the advice if it is possible for the sale of their house to
Pl,000,000.00 unutilized excess input VAT of FFF, be exempted from capital gains tax and the
Inc. for 2011. Not having received any conditions they must comply with to avail
communication from the BIR, Mr. G filed a Petition themselves of said exemption. How will you
for Review with the CTA on March 15, 2013, respond? (4%)
praying for the tax refund/credit of the
Pl,000,000.00 unutilized excess input VAT of FFF,
Inc. for 2011. XIII.
GGG, Inc. offered to sell through competitive
a) Did the CTA acquire jurisdiction over the bidding its shares in HHH Corp., equivalent to 40%
Petition of FFF, Inc.? (2%) of the total outstanding capital stock of the latter.
JJJ, Inc. acquired the said shares in HHH Corp. as
b) Discuss the proper procedure and applicable the highest bidder. Before it could secure a
time periods for administrative and judicial claims certificate authorizing registration/tax clearance
for refund/credit of unutilized excess input VAT. for the transfer of the shares of stock to JJJ, Inc.,
(4%) GGG, Inc. had to request a ruling from the BIR
confirming that its sale of the said shares was at
fair market value and was thus not subject to
X. donor's tax. In BIR Ruling No. 012-14, the CIR held
that the selling price for the shares of stock of HHH
Corp. was lower than their book value, so the
difference between the selling price and the book
value of said shares was a taxable donation. GGG, By virtue of its mandate, LLL reclaimed several
Inc. requested the Secretary of Finance to review portions of the foreshore and offshore areas of the
BIR Ruling No. 012-14, but the Secretary affirmed Manila Bay, some of which were within the
said ruling. GGG, Inc. filed with the Court of territorial jurisdiction of Q City. Certificates of title
Appeals a Petition for Review under Rule 43 of the to the reclaimed properties in Q City were issued
Revised Rules of Court. The Court of Appeals, in the name of LLL in 2008. In 2014, Q City issued
however, dismissed the Petition for lack of Warrants of Levy on said reclaimed properties of
jurisdiction declaring that it is the CTA which has LLL based on the assessment for delinquent
jurisdiction over the issues raised. Before which property taxes for the years 2010 to 2013.
Court should GGG, Inc. seek recourse from the
adverse ruling of the Secretary of Finance in the a. Are the reclaimed properties registered in the
exercise of the latter's power of review? (3%) name of LLL subject to real property tax? (4 % )

b. Will your answer be the same in (a) if from 2010

XIV. to the present time, LLL is leasing portions of the
KKK Corp. secured its Certificate of Incorporation reclaimed properties for the establishment and
from the Securities and Exchange Commission on use of popular fastfood restaurants J Burgers, G
June 3, 2013. It commenced business operations Pizza, and K Chicken? (2%)
on August 12, 2013. In April 2014, Ms. J, an
employee of KKK Corp. in charge of preparing the
annual income tax return of the corporation for XVII.
2013, got confused on whether she should prepare Mr. L owned several parcels of land and he
payment for the regular corporate income tax or donated a parcel each to his two children. Mr. L
the minimum corporate income tax. acquired both parcels of land in 1975 for
ll200,000.00. At the time of donation, the fair
a) As Ms. J's supervisor, what will be your advice? market value of the two parcels of land, as
(2%) determined by the CIR, was 112,300,000.00; while
the fair market value of the same properties as
b) What are the distinctions between regular shown in the schedule of values prepared by the
corporate income tax and minimum corporate City Assessors was 112,500,000.00. What is the
income tax? (3%) proper valuation of Mr. L's gifts to his children for
purposes of computing donor's tax? (3%)

XV.
In 2012, Dr. K decided to return to his hometown XVIII.
to start his own practice. At the end of 2012, Dr. K Under the Tariff and Customs Code, as amended:
found that he earned gross professional income in
the amount of P1,000,000.00; while he incurred a. When does importation begin and when is it
expenses amounting to P560,000.00 constituting deemed terminated? (2%)
mostly of his office space rent, utilities, and
miscellaneous expenses related to his medical b. In what easels is the decision of the Collector
practice. However, to Dr. K's dismay, only automatically reviewed by the Commissioner of
P320,000.00 of his expenses were duly covered by Customs? In what instance/s is the decision of the
receipts. What are the options available for Dr. K Commissioner automatically appealed to the
so he could maximize the deductions from his Secretary of Finance? (4%)
gross income? (3%)

XIX.
XVI. In 2014, M City approved an ordinance levying
LLL is a government instrumentality created by customs duties and fees on goods coming into the
Executive Order to be primarily responsible for territorial jurisdiction of the city. Said city
integrating and directing all reclamation projects ordinance was duly published on February 15,
for the National Government. It was not organized 2014 with effectivity date on March 1, 2014.
as a stock or a non-stock corporation, nor was it
intended to operate commercially and compete in a. Is there a ground for opposing said ordinance?
the private market. (2%)
 attributable to its effectively zero-rated sales in
b. What is the proper procedural remedy and 2012? (2%)
applicable time periods for challenging the
ordinance? (4%)
XXII.
State the conditions for allowing the following as
deductions from the gross estate of a citizen or
XX. resident alien for the purpose of imposing estate
After filing an Information for violation of Section tax:
254 of the National Internal Revenue Code
(Attempt to Evade or Defeat Tax) with the CTA, the a. Claims against the estate (2%)
Public Prosecutor manifested that the People is
reserving the right to file the corresponding civil b. Medical expenses (2%)
action for the recovery of the civil liability for
taxes. As counsel for the accused, comment on the
People's manifestation. (3%)

XXI.
MMM, Inc., a domestic telecommunications
company, handles incoming telecommunications
services for non-resident foreign companies by
relaying international calls within the Philippines.
To broaden the coverage of its
telecommunications services throughout the
country, MMM, Inc. entered into various
interconnection agreements with local carriers.
The non-resident foreign corporations pay MMM,
Inc. in US dollars inwardly remitted through
Philippine banks, in accordance with the rules and
regulations of the Bangko Sentral ng Pilipinas.

MMM, Inc. filed its Quarterly VAT Returns for

2000. Subsequently, MMM, Inc. timely filed with
the BIR an administrative claim for the refund of
the amount of P6,321,486.50, representing excess
input VAT attributable to its effectively zero-rated
sales in 2000. The BIR ruled to deny the claim for
refund of MMM, Inc. because the VAT official
receipts submitted by MMM, Inc. to substantiate
said claim did not bear the words "zero-rated" as
required under Section 4.108-1 of Revenue
Regulations (RR) No. 7-95. On appeal, the CTA
division and the CT A en bane affirmed the BIR
ruling.

MMM, Inc. appealed to the Supreme Court arguing

that the NIRC itself did not provide for such a
requirement. RR No. 7-95 should not prevail over a
taxpayer's substantive right to claim tax refund or
credit.

a. Rule on the appeal of MMM, Inc. (3%)

b. Will your answer in (a) be any different if MMM,

Inc. was claiming refund of excess input VAT
 hourly wage for work rendered in excess of eight
(8) hours per day. Because of additional orders,
LKG now requires two (2) shifts of workers with
both shifts working beyond eight (8) hours but
only up to a maximum of four (4) hours. Carding is
an employee who used to render up to six (6)
hours of overtime work before the change in
schedule. He complains that the change adversely
affected him because now he can only earn up to a
maximum of four (4) hours' worth of overtime pay.

Does Carding have a cause of action against the

company? (4%)

III
Benito is the owner of an eponymous clothing
brand that is a top seller. He employs a number of
male and female models who wear Benito's
clothes in promotional shoots and videos. His deal
with the models is that Benito will pay them with 3
sets of free clothes per week. Is this arrangement
allowed? (2%)

IV
Far East Bank (FEB) is one of the leading banks in
the country. Its compensation and bonus packages
are top of the industry. For the last 6 years, FEB
had been providing the following bonuses across-
the-board to all its employees:

(a) 13th month pay;

(b) 14th to 18th month pay;
(c) Christmas basket worth P6,000;
(d) Gift check worth P4,000; and
I LABOR LAW (2015) (e) Productivity-based incentive ranging from a
20% to 40% increase in gross monthly salary for all
A. Rocket Corporation is a domestic corporation employees who would receive an evaluation of
registered with the SEC, with 30% of its authorized "Excellent" for 3 straight quarters in the same
capital stock owned by foreigners and 70% of its year.
authorized capital stock owned by Filipinos. Is
Rocket Corporation allowed to engage in the Because of its poor performance over-all, FEB
recruitment and placement of workers, locally and decided to cut back on the bonuses this year and
overseas? Briefly state the basis for your answer. limited itself to the following:
(2%) (a) 13th month pay;
(b) 14th month pay;
B. When does the recruitment of workers become (c) Christmas basket worth P4,000; and
an act of economic sabotage? (2%) (d) Gift check worth P2,000

Katrina, an employee of FEB, who had gotten a

II rating of "Excellent" for the last 3 quarters was
LKG Garments Inc. makes baby clothes for export. looking forward to the bonuses plus the
As part of its measures to meet its orders, LKG productivity incentive bonus. After learning that
requires its employees to work beyond eight (8) FEB had modified the bonus scheme, she objected.
hours everyday, from Monday to Saturday. It pays
its employees an additional 35% of their regular Is Katrina's objection justified? Explain. (3%)
 How would you decide the case? (4%)
V
Soledad, a widowed school teacher, takes under
her wing one of her students, Kiko, 13 years old, VIII
who was abandoned by his parents and has to do Star Crafts is a lantern maker based in Pampanga.
odd jobs in order to study. She allows Kiko to live It supplies Christmas lanterns to stores in Luzon,
in her house, provides him with clean clothes, Metro Manila, and parts of Visayas, with the
food, and a daily allowance of 200 pesos. In months of August to November being the busiest
exchange, Kiko does routine housework, consisting months. Its factory employs a workforce of 2,000
of cleaning the house and doing errands for workers who make different lanterns daily for the
Soledad. One day, a representative of the DOLE whole year. Because of increased demand, Star
and the DSWD came to Soledad's house and Crafts entered into a contractual arrangement with
charged her with violating the law that prohibits People Plus, a service contractor, to supply the
work by minors. Soledad objects and offers as a former with I 00 workers for only 4 months,
defense that she was not requiring Kiko to work as August to November, at a rate different from what
the chores were not hazardous. Further, she did they pay their regular employees. The contract
not give him chores regularly but only with People Plus stipulates that all equipment and
intermittently as the need may arise. raw materials will be supplied by Star Crafts with
the express condition that the workers cannot take
Is Soledad's defense meritorious? (4%) any of the designs home and must complete their
tasks within the premises of Star Crafts.

VI Is there an employer-employee relationship

Ador is a student working on his master's degree in between Star Crafts and the 100 workers from
horticulture. To make ends meet, he takes on jobs People Plus? Explain. (4%)
to come up with flower arrangements for friends.
His neighbor, Nico, is about to get married to Lucia
and needs a floral arranger. Ador offers his IX
services and Nico agrees. They shake hands on it, Din Din is a single mother with one child. She is
agreeing that Nico will pay Ador P20,000.00 for his employed as a sales executive at a prominent
services but that Ador will take care of everything. supermarket. She and her child live in Quezon City
As Ador sets about to decorate the venue, Nico and her residence and workplace are a 15-minute
changes all of Ador's plans and ends up designing drive apart. One day, Din Din is informed by her
the arrangements himself with Ador simply boss that she is being promoted to a managerial
executing Nico's instructions. position but she is now being transferred to the
Visayas. Din Din does not want to uproot her
(a) Is there an employer-employee relationship family and refuses the offer. Her boss is so
between Nico and Ador? (4%) humiliated by Din Din's refusal of the offer that she
gives Din Din successive unsatisfactory evaluations
(b) Will Nico need to register Ador with the Social that result in Din Din being removed from the
Security System (SSS)? (2%) supermarket.

Din Din approaches you, as counsel, for legal

VII advice. What would you advise her? (4%)
Don Don is hired as a contractual employee of
CALLHELP, a call center. His contract is expressly
for a term of 4 months. Don Don is hired for 3 X
straight contracts of 4 months each but at 2-week Karina Santos is a famous news anchor appearing
intervals between contracts. After the third nightly in the country's most watched newscast.
contract ended, Don Don is told that he will no She is surprised, after one newscast, to receive a
longer be given another contract because of "poor notice of hearing before the station's Vice-
performance." Don Don files a suit for President for Human Resources and calls the VP
"regularization" and for illegal dismissal, claiming immediately to ask what was wrong. Karina is told
that he is a regular employee of CALLHELP and that over the phone that one of her crew filed a
he was dismissed without cause. You are the Labor complaint against her for verbal abuse and that
Arbiter. management is duty-bound to investigate and give
her a chance to air her side. Karina objects and
denies that she had ever verbally assaulted her Is she entitled to claim? (3%)
crew. The VP then informed her that pending the
investigation she will be placed on a 30-day
preventive suspension without pay and that she XIV
will not be allowed to appear in the newscast Luis, a PNP officer, was off duty and resting at
during this time. home when he heard a scuffle outside his house.
He saw two of his neighbors fighting and he rushed
Is the preventive suspension of Karina valid? out to pacify them. One of the neighbors shot Luis
Discuss the reasons for your answer. (4%) by mistake, which resulted in Luis's death. Marian,
Luis's widow, filed a claim with the GSIS seeking
death benefits. The GSIS denied the claim on the
XI ground that the death of Luis was not service-
Rico has a temper and, in his work as Division related as he was off duty when the incident
Manager of Matatag Insurance, frequently loses happened.
his temper with his staff. One day, he physically
assaults his staff member by slapping him. The Is the GSIS correct? (3%)
staff member sues him for physical injuries.
Matatag Insurance decides to terminate Rico, after
notice and hearing, on the ground of loss of trust XV
and confidence. Rico claims that he is entitled to Victor was hired by a local manning agency as a
the presumption of innocence because he has not seafarer cook on board a luxury vessel for an eight-
yet been convicted. month cruise. While on board, Victor complained
of chronic coughing, intermittent fever, and joint
Comment on Matatag's action in relation to Rico's pains. He was advised by the ship's doctor to take
argument. (4%) complete bed rest but was not given any other
medication. His condition persisted but the degree
varied from day to day. At the end of the cruise,
XII Victor went home to Iloilo and there had himself
Blank Garments, Inc. (BLANK), a clothing examined. The examination revealed that he had
manufacturer, employs more than 200 employees tuberculosis.
in its manufacturing business. Because of its high
overhead, BLANK decided to sell its manufacturing (a) Victor sued for medical reimbursement,
business to Bleach Garments, Inc. (BLEACH) lock, damages and attorney's fees, claiming that
stock and barrel which included goodwill, tuberculosis was a compensable illness. Do you
equipment, and personnel. After taking on agree with Victor? Why or why not? (2%)
BLANK's business, BLEACH reduces the workforce (b) Due to his prolonged illness, Victor was unable
by not hiring half the workers specifically the ones to work for more than 120 days. Will this entitle
with seniority. BLANK and BLEACH are still him to claim total permanent disability benefits?
discerned to be sister companies with identical (2%)
incorporators. The laid-off employees sue both
BLANK and BLEACH for unlawful termination.
XVI
(a) How would you decide this case? (4%) The Alliance of Independent Labor Unions (AILU) is
a legitimate labor federation which represents a
(b) What is the "successor employer" doctrine? majority of the appropriate bargaining unit at the
(2%) Lumens Brewery (LB). While negotiations were
ongoing for a renewal of the collective bargaining
agreement (CBA), LB handed down a decision in a
XIII disciplinary case that was pending which resulted
Luisa is an unwed mother with 3 children from in the termination of the AILU's treasurer and two
different fathers. In 2004, she became a member other members for cause. AILU protested the
of the Social Security System (SSS). That same decision, claiming that LB acted in bad faith and
year, she suffered a miscarriage of a baby out of asked that LB reconsider. LB refused to reconsider.
wedlock from the father of her third child. She AILU then walked out of the negotiation and
wants to claim maternity benefits under the SSS declared a strike without a notice of strike or a
Act. strike vote. AILU members locked in the LB
management panel by barricading the doors and (c) Distinguish between "union dues" and "agency
possible exits (including windows and fire fees." (2%)
escapes). LB requested the DOLE to assume
jurisdiction over the dispute and to certify it for
compulsory arbitration. XVIII
George is an American who is working as a
The Secretary of Labor declined to assume consultant for a local IT company. The company
jurisdiction, finding that the dispute was not one has a union and George wants to support the
that involved national interest. LB then proceeds union.
to terminate all of the members of the bargaining How far can George go in terms of his support for
agent on the ground that it was unlawful to: the union? (3%)
(1) barricade the management panel in the
building, and (2) participate in an illegal strike.
XIX
(a) Was AILU justified in declaring a strike without What is the rule on the "equity of the incumbent"?
a strike vote and a notice of strike? Why or why (2%)
not? (3%)

(b) Was the Secretary of Labor correct in declining XX

to assume jurisdiction over the dispute? (2%) A. XYZ Company and Mr. AB, a terminated
employee who also happens to be the President of
(c) Was LB justified in terminating all those who XYZ Employees Union, agree in writing to submit
were members of AILU on the two grounds cited? Mr. AB's illegal dismissal case to voluntary
(3%) arbitration. Is this agreement a valid one? (3%)

B. XYZ Company and XYZ Employees Union (XYZEU)

XVII reach a deadlock in their negotiation for a new
The Collective Bargaining Agreement (CBA) collective bargaining agreement (CBA). XYZEU files
between Libra Films and its union, Libra Films a notice of strike; XYZ Company proposes to XYZEU
Employees' Union (LFEU), contains the following that the deadlock be submitted instead to
standard clauses: voluntary arbitration. If you are counsel for XYZEU,
1. Maintenance of membership; what advice would you give the union as to the: (1)
2. Check off for union dues and agency fees; and propriety of the request of XYZ Company, and (2)
3. No strike, no lock-out. the relative advantages/disadvantages between
voluntary arbitration and compulsory arbitration?
While Libra Films and LFEU are in re-negotiations (4%)
for an extension of the CBA, LFEU discovers that
some of its members have resigned from the
union, citing their constitutional right to organize
(which includes the right NOT to organize). LFEU XXI
demands that Libra Films institute administrative Philippine News Network (PNN) engages the
proceedings to terminate those union members services of Anya, a prominent news anchor from a
who resigned in violation of the CBA' s rival station, National News Network (NNN). NNN
maintenance of membership clause. Libra Films objects to the transfer of Anya claiming that she is
refuses, citing its obligation to remain a neutral barred from working in a competing company for a
party. As a result, LFEU declares a strike and after period of three years from the expiration of her
filing a notice of strike and taking a strike vote, contract. Anya proceeds to sign with PNN which
goes on strike. The union claims that Libra Films then asks her to anchor their nightly newscast.
grossly violated the terms of the CBA and engaged NNN sues Anya and PNN before the National Labor
in unfair labor practice. Relations Commission (NLRC), asking for a labor
injunction. Anya and PNN object claiming that it is
(a) Are LFEU's claims correct? Explain. (4%) a matter cognizable by a regular court and not the
NLRC.
(b) Distinguish between a "closed shop" clause and
a "maintenance of membership" clause. (2%) (a) Is NNN's remedy correct? Why or why not?
(3%)
(b) What are the grounds for a labor injunction to forces and exempting from Philippine criminal
issue? (2%) jurisdiction acts committed in the line of duty by
foreign military personnel, and from paying
(c) Distinguish the jurisdiction of a Labor Arbiter custom duties on all the goods brought by said
from that of the NLRC. (3%) foreign forces into Philippine territory in
connection with the holding of the activities
authorized under the said Executive Agreement.
XXII
Mario comes from a family of coffee bean growers. Senator Maagap questioned the constitutionality
Deciding to incorporate his fledgling coffee of the said Executive Agreements and demanded
venture, he invites his best friend, Carlo, to join that the Executive Agreements be submitted to the
him. Carlo is hesitant because he does not have Senate for ratification pursuant to the Philippine
money to invest but Mario suggests a scheme Constitution. Is Senator Maagap correct? Explain.
where Carlo can be the Chief Marketing Agent of (4%)
the company, earning a salary and commissions.
Carlo agrees and the venture is formed. After one
year, the business is so successful that they were II.
able to declare dividends. Mario is so happy with (1) A bill was introduced in the House of
Carlo's work that he assigns 100 shares of stock to Representatives in order to implement faithfully
Carlo as part of the latter's bonus. the provisions of the United Nations Convention
Much later on, it is discovered that Carlo had on the Law of the Sea (UNCLOS) to which the
engaged in unethical conduct which caused Philippines is a signatory. Congressman Pat Rio Tek
embarrassment to the company. Mario is forced to questioned the constitutionality of the bill on the
terminate Carlo but he does so without giving ground that the provisions of UN CLOS are
Carlo the opportunity to explain. violative of the provisions of the Constitution
defining the Philippine internal waters and
Carlo filed a case against Mario and the company territorial sea. Do you agree or not with the said
for illegal dismissal. Mario objected on the ground objection? Explain. (3%)
that the Labor Arbiter had no jurisdiction over the
case as it would properly be considered as an (2) Describe the following maritime regimes under
intra-corporate controversy cognizable by the RTC. UNCLOS (4%)
Further, Mario claimed that because Carlo's (a) Territorial sea
dismissal was a corporate act, he cannot be held (b) Contiguous zone
personally liable. (c) Exclusive economic zone
(d) Continental shelf
(a) As the Labor Arbiter assigned to this case, how
would you resolve the jurisdiction question. (3%)
(b) What is the rule on personal liability of III.
corporate officers for a corporate act declared to Professor Masipag who holds a plantilla or regular
item in the University of the Philippines (UP) is
appointed as an Executive Assistant in the Court of
POLITICAL LAW (2015) Appeals (CA). The professor is considered only on
leave of absence in UP while he reports for work at
be unlawful? (2%) the CA which shall pay him the salary of the
Executive Assistant. The appointment to the CA
I. position was questioned, but Professor Masipag
The Philippines and the Republic of Kroi Sha countered that he will not collect the salary for
established diplomatic relations and immediately both positions; hence, he can not be accused of
their respective Presidents signed the following: receiving double compensation. Is the argument of
(1) Executive Agreement allowing the Republic of the professor valid? Explain. (4%)
Kroi Sha to establish its embassy and consular
offices within Metro Manila; and (2) Executive
Agreement allowing the Republic of Kroi Sha to IV.
bring to the Philippines its military complement, When is a facial challenge to the constitutionality
warships, and armaments from time to time for a of a law on the ground of violation of the Bill of
period not exceeding one month for the purpose Rights traditionally allowed? Explain your answer.
of training exercises with the Philippine military (3%)
 General of the National Economic Development
Authority, and the Chairperson of the Philippine
V. Overseas Construction Board shall sit as ex-officio
BD Telecommunications, Inc. (BDTI), a Filipino- members of the Board of Directors (BOD) of a
owned corporation, sold its 1,000 common shares government owned and controlled corporation
of stock in the Philippine Telecommunications (GOCC). The other four (4) members shall come
Company (PTC), a public utility, to Australian from the private sector. The BOD issues a
Telecommunications (AT), another stockholder of resolution to implement a new organizational
the PTC which also owns 1,000 common shares. A structure, staffing pattern, a position classification
Filipino stockholder of PTC questions the sale on system, and a new set of qualification standards.
the ground that it will increase the common shares After the implementation of the Resolution, Atty.
of AT, a foreign company, to more than 40% of the Dipasupil questioned the legality of the Resolution
capital (stock) of PTC in violation of the 40% alleging that the BOD has no authority to do so.
limitation of foreign ownership of a public utility. The BOD claims otherwise arguing that the
AT argues that the sale does not violate the 60-40 doctrine of qualified political agency applies to the
ownership requirement in favor of Filipino citizens case. It contends that since its agency is attached
decreed in Section II, Article XII of the 1987 to the Department of Finance, whose head, the
Constitution because Filipinos still own 70% of the Secretary of Finance, is an alter ego of the
capital of the PTC. AT points to the fact that it President, the BOD's acts were also the acts of the
owns only 2,000 common voting shares and 1,000 President. Is the invocation of the doctrine by the
non-voting preferred shares while Filipino BOD proper? Explain. (4%)
stockholders own 1,000 common shares and 6,000
preferred shares, therefore, Filipino stockholders
still own a majority of the outstanding capital stock IX.
of the corporation, and both classes of shares have Several senior officers of the Armed Forces of the
a par value of Php 20.00 per share. Decide. (5%) Philippines received invitations from the
Chairperson of the Senate Committees on National
Defense and Security for them to appear as
VI. resource persons in scheduled public hearings
(1) Distinguish the President's authority to declare regarding a wide range of subjects. The invitations
a state of rebellion from the authority to proclaim state that these public hearings were triggered by
a state of national emergency. (2%) the privilege speeches of the Senators that there
was massive electoral fraud during the last
(2) What are the limitations, if any, to the national elections. The invitees Brigadier General
pardoning power of the President? (3%) Matapang and Lieutenant Coronel Makatuwiran,
who were among those tasked to maintain peace
and order during the last election, refused to
VII. attend because of an Executive Order banning all
Senator Fleur De Lis is charged with plunder before public officials enumerated in paragraph 3 thereof
the Sandiganbayan. After finding the existence of from appearing before either house of Congress
probable cause, the court issues a warrant for the without prior approval of the President to ensure
Senator's arrest. The prosecution files a motion to adherence to the rule of executive privilege.
suspend the Senator relying on Section 5 of the Among those included in the enumeration are
Plunder Law. According to the prosecution, the "senior officials of executive departments who, in
suspension should last until the termination of the the judgment of the department heads, are
case. Senator Lis vigorously opposes the motion covered by executive privilege." Several individuals
contending that only the Senate can discipline its and groups challenge the constitutionality of the
members; and that to allow his suspension by the subject executive order because it frustrates the
Court would violate the principle of separation of power of the Congress to conduct inquiries in aid
powers. Is Senator Lis's contention tenable? of legislation under Section 21, Article VI of the
Explain. (4%) 1987 Constitution. Decide the case. (5%)

VIII. X.
A law provides that the Secretaries of the The Secretary of the Department of Environment
Departments of Finance and Trade and Industry, and Natural Resources (DENR) issued
the Governor of the Central Bank, the Director Memorandum Circular No. 123-15 prescribing the
administrative requirements for the conversion of law falls within the meaning of creation, division,
a timber license agreement (TLA) into an merger, abolition or substantial alteration of
Integrated Forestry Management Agreement boundaries of cities under Section 10, Article X of
(IFMA). ABC Corporation, a holder of a TLA which the 1987 Constitution. Is the claim correct?
is about to expire, claims that the conditions for Explain. (4%)
conversion imposed by the said circular are
unreasonable and arbitrary and a patent nullity
because it violates the non-impairment clause XIV.
under the Bill of Rights of the 1987 Constitution. Congress enacted R.A. No. 14344 creating the City
ABC Corporation goes to court seeking the of Masuwerte which took effect on September 25,
nullification of the subject circular. The DENR 2014. Section 23 of the law specifically exempts
moves to dismiss the case on the ground that ABC the City of Masuwerte from the payment of legal
Corporation has failed to exhaust administrative fees in the cases that it would file and/or
remedies which is fatal to its cause of action. If you prosecute in the courts of law. In two (2) cases
were the judge, will you grant the motion? Explain. that it filed, the City of Masuwerte was assessed
(4%) legal fees by the clerk of court pursuant to Rule
141 (Legal Fees) of the Rules of Court. The City of
Masuwerte questions the assessment claiming
XI. that it is exempt from paying legal fees under
(1) What is the concept of expanded judicial Section 23 of its charter. Is the claim of exemption
review under the 1987 Constitution? (3%) tenable? Explain. (4%)

(2) Differentiate the rule-making power or the

power of the Supreme Court to promulgate rules XV.
under Section 5, Article VIII of the 1987 The President appointed Dexter I. Ty as
Constitution and judicial legislation. (2%) Chairperson of the COMELEC on June 14, 2011 for
a term of seven (7) years pursuant to the 1987
Constitution. His term of office started on June 2,
XII. 2011 to end on June 2, 2018. Subsequently, the
Discuss the evolution of the principle of jus President appointed Ms. Marikit as the third
sanguinis as basis of Filipino citizenship under the member of the COMELEC for a term of seven (7)
1935, 1973, and 1987 Constitutions. (3%) years starting June 2, 2014 until June 2, 2021. On
June 2, 2015, Chairperson Ty retired optionally
after having served the government for thirty (30)
XIII. years. The President then appointed Commissioner
On August 15, 2015, Congresswoman Dina Tatalo Marikit as COMELEC Chairperson. The Commission
filed and sponsored House Bill No. 5432, entitled on Appointments confirmed her appointment. The
"An Act Providing for the Apportionment of the appointment papers expressly indicate that
Lone District of the City of Pangarap." The bill Marikit will serve as COMELEC Chairperson "until
eventually became a law, R.A. No. 1234. It the expiration of the original term of her office as
mandated that the lone legislative district of the COMELEC Commissioner or on June 2, 2021."
City of Pangarap would now consist of two (2) Matalino, a tax payer, files a petition for certiorari
districts. For the 2016 elections, the voters of the before the Supreme Court asserting that the
City of Pangarap would be classified as belonging appointment of Marikit as COMELEC Chairperson
to either the first or second district, depending on is unconstitutional for the following reasons: (1)
their place of residence. The constituents of each The appointment of Marikit as COMELEC
district would elect their own representative to Chairperson constituted a reappointment which is
Congress as well as eight (8) members of the proscribed by Section 1 (2), Article IX of the 1987
Sangguniang Panglungsod. R.A. No. 1234 Constitution; and (2) the term of office expressly
apportioned the City's barangays. The COMELEC stated in the appointment papers of Marikit
thereafter promulgated Resolution No. 2170 likewise contravenes the aforementioned
implementing R.A. No. 1234. constitutional provision. Will the constitutional
challenge succeed? Explain. (4%)
Piolo Cruz assails the COMELEC Resolution as
unconstitutional. According to him, R.A. No. 1234
cannot be implemented without conducting a XVI.
plebiscite because the apportionment under the
(1) Gandang Bai filed her certificate of candidacy covered with banana leaves. Believing that the van
(COC) for municipal mayor stating that she is was loaded with contraband, the team leader
eligible to run for the said position. Pasyo Maagap, flagged down the vehicle which was driven by
who also filed his COC for the same position, filed Hades. He inquired from Hades what was loaded
a petition to deny due course or cancel Bai's COC on the van. Hades just gave the police officer a
under Section 78 of the Omnibus Election Code for blank stare and started to perspire profusely. The
material misrepresentation as before Bai filed her police officers then told Hades that they will look
COC, she had already been convicted of a crime inside the vehicle. Hades did not make any reply.
involving moral turpitude. Hence, she is The police officers then lifted the banana leaves
disqualified perpetually from holding any public and saw several boxes. They opened the boxes and
office or from being elected to any public office. discovered several kilos of shabu inside. Hades was
Before the election, the COMELEC cancelled Bai' s charged with illegal possession of illegal drugs.
COC but her motion for reconsideration (MR) After due proceedings, he was convicted by the
remained pending even after the election. Bai trial court. On appeal, the Court of Appeals
garnered the highest number of votes followed by affirmed his conviction.
Pasyo Maagap, who took his oath as Acting Mayor.
Thereafter, the COMELEC denied Bai's MR and In his final bid for exoneration, Hades went to the
declared her disqualified for running for Mayor. P. Supreme Court claiming that his constitutional
Maagap asked the Department of Interior and right against unreasonable searches and seizures
Local Government Secretary to be allowed to take was violated when the police officers searched his
his oath as permanent municipal mayor. This vehicle without a warrant; that the shabu
request was opposed by Vice Mayor Umaasa, confiscated from him is thus inadmissible in
invoking the rule on succession to the permanent evidence; and that there being no evidence against
vacancy in the Mayor's office. Who between Pasyo him, he is entitled to an acquittal.
Maagap and Vice Mayor Umaasa has the right to
occupy the position of Mayor? Explain your For its part, the People of the Philippines maintains
answer. (5%) that the case of Hades involved a consented
warrantless search which is legally recognized. The
(2) How do you differentiate the petition filed People adverts to the fact that Hades did not offer
under Section 68 from the petition filed under any protest when the police officers asked him if
Section 78, both of the Omnibus Election Code? they could look inside the vehicle. Thus, any
(3%) evidence obtained in the course thereof is
admissible in evidence.

XVII. Whose claim is correct? Explain. (5%)

The Gay, Bisexual and Transgender Youth
Association (GBTYA), an organization of gay,
bisexual, and transgender persons, filed for XIX.
accreditation with the COMELEC to join the Pursuant to its mandate to manage the orderly
forthcoming party-list elections. The COMELEC sale, disposition and privatization of the National
denied the application for accreditation on the Power Corporation's (NPC) generation assets, real
ground that GBTY A espouses immorality which estate and other disposable assets, the Power
offends religious dogmas. GBTY A challenges the Sector Assets and Liabilities Management (PSALM)
denial of its application based on moral grounds started the bidding process for the privatization of
because it violates its right to equal protection of Angat Hydro Electric Power Plant ( AHEPP). After
the law. evaluation of the bids, K-Pop Energy Corporation, a
(1) What are the three (3) levels of test that are South Korean Company, was the highest bidder.
applied in equal protection cases? Explain. (3%) Consequently, a notice of award was issued to K-
Pop. The Citizens' Party questioned the sale
(2) Which of the three (3) levels of test should be arguing that it violates the constitutional
applied to the present case? Explain. (3%) provisions on the appropriation and utilization of a
natural resource which should be limited to
Filipino citizens and corporations which are at least
XVIII. 60% Filipino-owned. The PSALM countered that
Around 12:00 midnight, a team of police officers only the hydroelectric facility is being sold and not
was on routine patrol in Barangay Makatarungan the Angat Dam; and that the utilization of water by
when it noticed an open delivery van neatly a hydroelectric power plant does not constitute
appropriation of water from its natural source of (E.O. No. 292), particularly Section 14, Chapter 3,
water that enters the intake gate of the power Title I-A, Book V. This provision reads: "The
plant which is an artificial structure. Whose claim chairman of the CSC shall be a member of the
is correct? Explain. (4%) Board of Directors of other governing bodies of
government entities whose functions affect the
career development, employment, status, rights,
XX. privileges, and welfare of government officials and
Typhoon Bangis devastated the Province of employees... " A taxpayer questions the
Sinagtala. Roads and bridges were destroyed designation of Melchor as ex-officio member of
which impeded the entry of vehicles into the area. the said corporations before the Supreme Court
This caused food shortage resulting in massive based on two (2) grounds, to wit: (1) it violates the
looting of grocery stores and malls. There is power constitutional prohibition on members of the
outage also in the area. For these reasons, the Constitutional Commissions to hold any other
governor of the province declares a state of office or employment during his tenure; and (2) it
emergency in their province through Proclamation impairs the independence of the CSC.
No. 1. He also invoked Section 465 of the Local
Government Code of 1991 (R.A. No. 7160) which Will the petition prosper? Explain. (4%)
vests on the provincial governor the power to
carryout emergency measures during man-made
and natural disasters and calamities, and to call
upon the appropriate national law enforcement
agencies to suppress disorder and lawless
violence. In the same proclamation, the governor
called upon the members of the Philippine
National Police, with the assistance of the Armed
Forces of the Philippines, to set up checkpoints
and chokepoints, conduct general searches and
seizures including arrests, and other actions
necessary to ensure public safety. Was the action
of the provincial governor proper? Explain. (4%)

XXI.
The Partido ng Mapagkakatiwalaang Pilipino (PMP)
is a major political party which has participated in
every election since the enactment of the 1987
Constitution. It has fielded candidates mostly for
legislative district elections. In fact, a number of its
members were elected, and are actually serving, in
the House of Representatives. In the coming 2016
elections, the PMP leadership intends to join the
party-list system.

Can PMP join the party-list system without

violating the Constitution and Republic Act (R.A.)
No. 7941? (4%)
XXII.
The President appoints Emilio Melchor as
Chairperson of the Civil Service Commission. Upon
confirmation of Melchor's appointment, the
President issues an executive order including him
as Ex-Officio member of the Board of Trustees of
the Government Service Insurance System (GSIS),
Employees Compensation Commission (ECC), and
the Board of Directors of the Philippine Health
Insurance Corporation (PHILHEALTH). Allegedly,
this is based on the Administrative Code of 1997