2024 BAR EXAMINATIONSREMEDIAL LAW, LEGAL AND JUDICIAL ETHICSSeptember 15, 20242:00 p.m. – 6:00 p.m. 1. Toni filed an action for breach of contract against Ivana. At the trial, Toni answered these questions from her counsel: Q: What happened next, if any? A: Ivana and I negotiated the terms of the transaction. Q: After your negotiation with Ivana, did you reduce your agreement into writing? A: Yes, we drafted and signed an instrument. Q: Do you know the contents of this instrument? A: Yes. Q: Will you tell the court the contents of this instrument? If you are Ivana’s counsel, will you object to the last question? Explain. 2. In a criminal case for homicide, the prosecution offered Austin as witness to prove that Titus admitted to him the killing of the victim. At the trial, Austin answered these questions from the public prosecutor: Q: Did you witness the killing of
2024 BAR EXAMINATIONSLABOR LAW AND SOCIAL LEGISLATIONSSEPTEMBER 11, 20242:00 p.m. – 6:00 p.m. 1. Zhi Go (Zhi) is a non-resident Chinese national who plans to live and establish a career in the Philippines. Zhi went to the Philippines and applied with the Tarlac Agricultural Products (TAP) as an ordinary farm worker. The TAP hired Zhi because of her diverse set of farming skills. The TAP assigned Zhi in its Bambam Farm. Did TAP lawfully hire Zhi Go as a farm worker? Explain. 2. Manila Yummy Restaurant (MYR) pays its receptionists PHP 500.00 a day. The receptionists contested the amount because the present minimum wage in the National Capital Region is PHP 645.00 for the non-agricultural sector. MYR countered that it is paying the receptionists a total of PHP 700.00 which is more than the required minimum wage. MYR explained that it provides the receptionists food and beverage worth PHP 200.00
2024 BAR EXAMINATIONSCIVIL LAWSEPTEMBER 8, 20248:00 AM – 12 NOON 1. Carlos and Chloe scheduled their intimate wedding on September 4, 204 at 7:00 p.m. in Manila. Chloe purchased from Angelica a gold wedding ring with engraving “Love, Carlos” for PHP 1,000,000. Angelica promised to deliver the ring on or before the wedding day. On September 1, 2024, a weather bulletin warned that super typhoon Enteng will enter the country within three days. On September 4, 2024 at 6:00 a.m., typhoon Enteng and the enhanced southwest monsoon caused massive flooding that rendered major roads in Manila impassable to all kinds of vehicles. Angelica failed to deliver the ring in time for Carlos and Chloe’s wedding which pushed through despite the typhoon. Angelica delivered the ring the following day after the flood subsided. Chloe filed against Angelica a complaint for damages. Angelica denied liability and argued that typhoon is a fortuitous
Prescribing the Presentation of Tax Clearance Prior to Final Settlement of Government Contracts BackgroundSection 1 of Executive Order (E.O.) No. 398, s. of 2005 dated July 12, 2005, directs that: “SECTION 1. All persons, natural or juridical, local or foreign, desiring to enter into or participate in any contract with the government, its departments, bureaus, offices and agencies, including state universities and colleges, government-owned and/or controlled corporations, government financial institutions and local government units, shall as a pre-condition, submit, along with their proposal and/or bid, a copy of their latest income and business tax returns duly stamped and received by the Bureau of Internal Revenue, and duly validated with the tax payment made thereon. They shall also submit a tax clearance from the Bureau of Internal Revenue to prove full and timely payment of taxes.” Pursuant thereto, Section 23 of Rule VIII-Receipt and Opening of Bid of the 2016 Revised
Prescribing the Updated Floor Price for Cigarette, Heated Tobacco, and Vapor Products Pursuant to Sections 114(B) and (C) and 145 (C) of the NIRC of 1997, As Ammended Section 1. Scope – Sections 144 (B) and (C), and 145 (C) of the National Internal Revenue Code (NIRC) of 1997, as amended by the Republic Act (RA) Nos. 11346 and 11467, in the Products Regulation Act,” mandate the Bureau of Internal Revenue (BIR) to prescribe the floor price of Cigarettes, Heated Tobacco Products, and Vapor Products. Pursuant to the provisions of the Sections 244 and 245 of the NIRC of 1997, as amended, these Regulations are hereby promulgated in order to update the floor price of Cigarette, Heated Tobacco, and Vapor Products prescribed in Revenue Memorandum Circular (RMC) No. 49-2023, which revised the floor prices set forth in Section 6 of revenue Regulations (RR) No. 14-2022 and RMC No. 79-2022. Section
2024 BAR EXAMINATIONSCOMMERCIAL AND TAXATIONS LAWSEPTEMBER 8, 20242:00 P.M. – 6:00 P.M. 1. Nympha, a famous author, collaborated with Tobias, a novice illustrator, to create a children’s book. Tobias offered his services for free. Nympha gave Tobias the manuscript and discussed with him the inspiration for the characters. Nympha envisioned a story about two best friends who had a huge fight but later realized the value of forgiveness. Tobias drew the characters based on Nympha’s specifications and instructions. Nympha then published the book and claimed sole copyright ownership. Nympha argued that she is the author not only of the text but also the images in the book since Tobias exactly adopted her idea. Is Nympha the copyright owner of the images or drawings in the book? Explain. 2. In 1984, the Nova Family established the North Nova, Inc. (NNI), a pharmaceutical company. On August 31, 1984, NNI was issued its
2024 BAR EXAMINATIONSPOLITICAL AND PUBLIC INTERNATION LAWSEPTEMBER 8, 20248:00 A.M – 12 NOON 1. The Senate conducted investigations on how to strengthen the efforts of the government against fugitives from justice after the prominent personalities covertly left the country to escape prosecution. The Senate invited Winston as a resource person. Winston is a notorious drug dealer who managed to avoid his warrants of arrest and hold departure orders. At the hearing, the Senators asked Winston about the modus operandi and the names of immigration officers who helped him escape. Yet, Winston responded: “I will leave it to the Senate to find out the information about these immigration officers.” Dissatisfied, the Senators immediately cited Winston in contempt and ordered his detention until he answers the question. Did the Senate lawfully cite Winston in contempt? Explain. 2. Rocco, a lawyer, filed a petition for mandamus to compel the President of the Philippines
Prescribing Policies and Guidelines in the Mandatory Registrations of Persons Engaged in Business and Administrative Sanctions and Criminal Liabilities for Non-Registration Section 1 Scope – Pursuant to the provisions of Sections 244 and 245 of the National Internal Revenue Code of 1997, as amended (Tax Code), these Regulations are hereby promulgated to prescribe guidelines, procedures, and requirements for the implementation of the mandatory registration of persons engaged in business, including brick-and-mortar stores and online trade or business pursuant to Sections 236(A) of the Tax Code and Republic Act No. 11967, otherwise known as the Internet Transactions Act of 2023. Section 2 Background – Section 236(A) of the Tax Code, provides that every person subject to any internal revenue tax shall register once, either electronically or manually, with the Bureau of Internal Revenue (BIR): Consequently, any person who is engaged in any trade or business in the Philippines and fails to
Clarification on Registration Procedures Pursuant to Revenue Regulations No. 7-2024, as amended by Revenue Regulations No. 11-2024 With the passage of Republic Act (RA) No. 11976, otherwise known as the “Ease of Paying Taxes (EOPT) Act”. this Circular is hereby issued to clarify (thru Question and Answer) registration-related procedures provided under Revenue Regulations (RR) No. 7-2024, as amended by RR No. 11-2024, in relation to RA No. 11976 or the EOPT Act. New Sets of manual Books of Accounts are not required to be registered every year. However, taxpayers may have the option to use new sets of manual Books of Accounts yearly, which should be registered prior to its use. Individual taxpayers not engaged in business (non-business) may file their application for transfer online through ORUS or manually at the new RDO having jurisdiction over the place of residence where they will transfer. However, if the said non-business taxpayer
Rules and Regulations Governing the Modes of Disposition of Seized/Forfeited Articles in Line with Sections 130,131 and 225 of the National Internal Revenue Code (NIRC) of 1997, as Amended. Section 1. SCOPE. – Pursuant to the provision of Section 244, in relation to Section 245, of the National Internal Revenue Code of 1997, as amended (Tax Code), these Regulations are hereby promulgated to implement Section Nos. 130 and 131 if Title VI and Section 225 if Title VIII of the same Code, imposing the modes of disposition of seized/forfeited articles.
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