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 per day in addition to the PHP 500.00 cash component of their wages. The food and beverage are given during lunch time to ensure that the receptionists will entertain the guests instead of leaving their stations. Thus, the PHP 200.00 value of the food and beverage must be added to the PHP 500.00 cash component of their wage. May MYR lawfully add the value of the food and beverage as part of the wages of its receptionists. Explain.
3.
Lexi Enterprises always made sure that the salary of its supervisory employees is 70% higher than the wage of its rank-and-file workers. Later, the management of Lexi Enterprises realized that its business is highly dependent on rank-and-file workers because they spend more time in providing services to the clients. Thus, Lexi Enterprises significantly increased the wages of its rank-and-file workers such that they are only 10% behind the salary of the supervisory employees. Consequently, the supervisory employees demand an increase in their salaries and alleged that Lexi Enterprises must correct the wage distortion. May the supervisory employees validly demand an increase in their salaries? Explain.
4.
The Philippines celebrates “Ninoy Aquino Day” every August 21 of the year as a special non-working holiday. Tyson Plastic Company (TPC) scheduled its machine shutdown on August 21, 2024 and informed the workers that the factory will be closed for maintenance. Later, the President of the Philippines issued Proclamation No. 665 moving the observance of “Ninoy Aquino Day” from August 21, 2024, Wednesday, to August 23, 2024, Friday, to promote domestic tourism in the country. The TPC announced that the machine shutdown will push through as scheduled and required the workers to report on August 23, 2024. Winslet is paid PHP 700.00 daily salary as a machine operator. Winslet reported for work on August 23, 2024 and claimed holiday premium pay. The TPC denied the claim and argued that Winslet already enjoyed the holiday on August 21, 2024 when the factory was closed. How much is Winslet entitled to for working on August 23, 2024? Explain.
5.
Spouses Felix and Sarah have three minor children. In 2022, Felix was detained for committing a non-bailable offense. Sarah looked for a job to support her children. On May 18, 2024, Jared Corporation hired Sarah as a cashier. On August 18, 2024, Sarah claimed that she is a solo parent and applied for parental leave under Republic Act No. 11861 or Expanded Solo Parents Welfare Act. Is Sarah entitled to parental leave? Explain.
6.
In August 2019, Vans Taste Restaurant (VTR) entered into a yearly and renewable service contract with Colin Consultancy Services (CCS) for the supply of professional advisors that will design action plans for the restaurant business. CCS has a capital of PHP 20,000,000.00 based on its audited financial statements. CCS hired Grayson, Oswald, and Peyton (Grayson, et. al.) and deployed them to VTR as a professional advisors. CCS prescribed Grayson, et. al. ‘s daily work schedules and specific steps in designing the action plans. Whereas the VTR required Grayson, et. al. to submit five action plans each month. In August 2024, the service contract expired without VTR and CCS renewing the agreement. VTR then no longer permitted Grayson, et. al. To enter the restaurant. Aggrieved, Grayson, et. al. filed against VTR a complaint for regularization and illegal dismissal because they have been working as its professional advisors for five years. Grayson, et. al. also claimed that CCS is a labor-only contractor since it has no investment in the form of tools, equipment, and machineries. Will the complaint for regularization and illegal dismissal prosper? Explain.
7.
Grand Duke Manila (GDM), a five-star world-class hotel, hired Zoey as a banquet server. GDM informed Zoey of its company rules against tattoos as part of the grooming standards. The policy prohibits hospitality staff members from having tattoos due to their different cultural meanings that might offend foreign guests. Later, GDM discovered that Zoey had an existing tattoo on her nape which she concealed during the hiring process. After the required notices, GDM dismissed Zoey for violation of the company policy against tattoos. Is Zoey’s dismissal valid? Explain.
8.
Brent Therapy Clinic (BTC) engaged Franklin as a probationary physical therapist for a period of five months. BTC informed Franklin that he must obtain satisfactory grades in these criteria: (a) diagnosis of movement dysfunction; (b) therapeutic exercise techniques; (c) stimulation and healing message; and (d) proper use of machines and equipment. After three months, BTC observed that Franklin cannot meet the minimum criteria. Franklin was unfamiliar with therapeutic exercise techniques and was unable to remember the use of therapy machines. The following day, the owner of BTC left a note on Franklin’s desk which reads:
Hi Franklin. I tried to guide and train you in the past months but there has been no improvement. The management is unhappy with your work performance. Thus, your probationary employment is terminated one week from notice for failure to meet the standards for regularization.
Aggrieved, Franklin questioned his termination for lack of procedural due process. Is BTC required to comply with the twin-notice rule before terminating Franklin’s employment? Explain.
9.
Preston Salon and Spa (PSS) hired Nixon as a senior stylist in its Manila branch. Nixon signed an employment contract which provides that ”employees shall not engage in or set up within the same locality a business similar or related to the company during their course of employment and for a period of one year after their tenure.” Thereafter, PSS received information that Nixon assisted his sister in establishing a new salon in Manila. Nixon admitted lending PHP 300,000.00 to his sister as capital and that he shall be entitled to 10% yearly profits of the new salon. Nixon also referred two former PSS employees as applicants to the new salon. After the required notices, PSS dismissed Nixon for violation of his employment contract. Is Nixon’s dismissal valid? Explain.
10.
Ronin Airline Company (RAC) hired Orwell as a flight engineer. In January 2024, RAC and Orwell entered into a three-month overseas training agreement which reads: ”the employer agrees to invest on the travel expenses and allowances of the employee abroad provided that he will remain in the company for two years after the training. Otherwise, the employee must reimburse the employer travel expenses and pay liquidated damages of PHP 30,000.00.” Orwell completed the training abroad and returned to the Philippines. In August 2024, Orwell tendered his irrevocable resignation. Aggrieved, RAC filed against Orwell a complaint for sum of money before the trial court. Orwell sought to dismiss the action for lack of jurisdiction and argued that it is the labor arbiter that has the authority to decide money claims arising from employment relationship. Which between the trial court and labor arbiter has jurisdiction over the complaint? Explain.
11.
Athena Coffee Company (ACC) hired 300 coffee roasters under similar employment terms and conditions. ACC assigned these employees to its three roasting factories in Manila, Laguna, and Cavite factories. ACC opposed the petition and argued that the three factories do not constitute an appropriate bargaining unit on account of their different geographical locations. May the coffee roasters in the three factories constitute an appropriate bargaining unit? Explain.
12.
EXO Corporation, Inc. (ECI) and its exclusive bargaining agent Kami Labor Union (KLU) entered into a collective bargaining agreement effective from December 15, 2019 to December 14, 2024. The agreement prohibits KLU and its members from holding a strike and lockout. In May 2024, ECI and KLU negotiated the economic provisions of the agreement but ended in a deadlock. KLU filed a notice of strike. After the conciliation failed, KLU conducted a strike vote which obtained majority support. KLU reported the strike vote to the Department of Labor and Employment. KLU then went on strike after the mandatory cooling-off period. ECI questioned the validity of the strike for being contrary to the collective bargaining agreement. In contrast, KLU argued that it complied with the strict requirements for staging a strike. Is the strike legal? Explain.
13.
On May 31, 2024, the collective bargaining agreement between Gretel Corporation, Inc. (GCI) and Gretel Labor Union (GLU) expired. After several negotiations, GCI and GLU signed a new collective bargaining agreement on August 31, 2024, which obliged the company to pay a wage increase in favor of the employees. GLU then demanded salary differentials starting June 1, 2024. However, GCI argued that the provisions of the new collective bargaining agreement as to the wage increase shall be prospective in application beginning August 31, 2024. When shall the salary increase be reckoned? Explain.
14.
In 2023, Star Maxima Corporation (SMC) and Astra Labor Union (ALU) executed a collective bargaining agreement covering the rank-and-file employees effective for five years. In 2024, Troy called for the removal of Andres as union president and obtained majority support of ALU members through signature campaign. Thereafter, Troy assumed the position of union president, changed the name of ALU to Stella Labor Organization (SLO), adopted new by-laws, and appointed other union officers. Andres informed SMC that ALU remained the exclusive bargaining agent. On the other hand, Troy demanded recognition of SLO and its new leadership to administer the collective bargaining agreement and to receive the union dues. Eventually, SMC turned over the collected union dues to the SLO treasurer. Aggrieved, Andres filed a complaint for unfair labor practice against SMC alleging gross violation of the collective bargaining agreement. Is SMC guilty of unfair labor practice? Explain.
15.
Thalia, the owner of Quinn Karaoke Club (QKC), hired Darrence as an accountant. On January 19, 2023, QKC’s owner verbally informed Darrence to look for another job and banned him from the club. Darrence filed against QKC a complaint for illegal dismissal. Meantime, Darrence was hired an accountant in another company on February 14, 2023. In its answer, QKC countered that Darrence abandoned his work in favor of a better paying job. On June 22, 2024, QKC ceased business. In due course, the Labor Arbiter declared Darrence unjustly dismissed from work and awarded him full backwages computed from January 19, 2023, when he was verbally dismissed, until June 22, 2024, when QKC stopped operations. Thalia sought reconsideration and invoked the principles of ”no work no pay” and ”unjust enrichment.” Thalia argued that Darrence’s salaries earned from another employer should be deducted from the award of backwages. The Labor Arbiter granted the motion and recomputed backwages from January 19, 2023, Darrence’s date of illegal dismissal, until February 14, 2023, when another employer hired him. Is the Labor Arbiter correct in limiting the period for computing the award of backwages? Explain.
16.
Zoe Enterprises hired Celine as a machine operator. In January 2024, Celine was medically diagnosed with tuberculosis and declared “unfit to continue working” Zoe Enterprises dismissed Celine because of serious illness and gave her separation pay of one month salary per year of service which she used for her hospitalization and medical expenses. In April 2024, Celine was cleared of tuberculosis and was issued a medical certificate that she is medically fit to work. Celine demanded reinstatement from Zoe Enterprises but was refused. Aggrieved, Celine filed a complaint for illegal dismissal. Zoe Enterprises countered that Celine was validly dismissed because she was suffering from a contagious disease. Is Zoe Enterprise liable for illegal dismissal? Explain.
17.
Mabuhay Travels Inc. (MTI), a local manning agency acting for its principal Carousel Cruise Corporation (CCC), deployed Elizabeth as waitress on board the vessel M/S Carnival Miracle. Elizabeth finished the contract and prepared for repatriation. Upon arrival in Manila, Elizabeth complained of episodic chest and neck pains. Elizabeth consulted a cardiologist and was diagnosed of “mitral regurgitation, allergic rhinitis, and thyroid pathology.” The chest and neck pains of Elizabth persisted that rendered her unfit for sea service. Elizabeth then filed a complaint for disability benefits against MTI and CCC. The Labor Arbiter dismissed the complaint because Elizabeth did not undergo a post-employment medical examination with the company-designated physician within three working days from arrival in the Philippines. Is the Labor Arbiter correct in dismissing the complaint for failure of Elizabeth to comply with the mandatory three-day reportorial requirement? Explain.
18.
Fabio entered into a contract of overseas employment as a seafarer with Gibson Ship Management (GSM), a local manning agency acting in behalf of its principal Blythe Tankers Company (BTC). On board the vessel, Fabio suffered lower back pains while performing his assigned task. Despite therapy and medication, Fabio continued to suffer severe lower back pains. The company-designated physician diagnosed Fabio with ”Lumbar Strain T/C Slipped Disc.” Fabio then filed a complaint for disability benefits before the Labor Arbiter. GSM and BTC countered that Fabio is disqualified from claiming disability benefits because he concealed his urinary tract infection and hypertension during his pre-employment medical examination. Is Fabio entitled to disability benefits even if he concealed pre-existing medical conditions? Explain.
19.
Virgie and Nina are neighbors. Virgie requested her house helper Sandro to help Nina with the upkeep of her house for two days each month. Sandro agreed and rendered general household work in Nina’s house. Nina paid Sandro PHP 1,000.00 per day of work. Virgie learned about this additional compensation. Thus, Virgie deducted from Sandro’s monthly wage the amount corresponding to his wage for two days. Can Virgie lawfully make deductions from Sandro’s monthly wage? Explain.
20.
Lottie, Mathie, and Cachie asked Homer if he is interested to work in Indonesia. Homer inquired about the available job and Lottie told him that he will work as a restaurant entertainer. Mathie said that Homer only needs a passport. Cachie added that a certain Mr. Park will finance Homer’s travel expenses. After a week, Cachie gave a ticket to Homer and informed him that he can now leave for Indonesia. Homer, together with Lottie and Mathie, boarded a boat which transported them to Miangas Island. Lottie and Mathie brought Homer to a restaurant and introduced him to Mr. Park. A vehicle fetched Homer and took him to a club, The driver said that the place is a prostitution den. Inside the club, Homer was forced to have sexual intercourse with customers every night. Later, the police authorities rescued Homer and repatriated him to the Philippines. Homer filed against Lottie, Mathie, and Cachie criminal complaints for illegal recruitment and human trafficking. In her counter-affidavit, Cachie claimed that she cannot be convicted of illegal recruitment and human trafficking because she was not part of the group that transporter Homer to Miangas Island. Is Cachie criminally liable for both illegal recruitment and human trafficking? Explain.
2024 BAR EXAMINATIONSREMEDIAL LAW, LEGAL AND JUDICIAL ETHICSSeptember 15, 20242:00 p.m. – 6:00 p.m.
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.
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 the victim?
A: No, ma’am.
Q: What were you doing when the victim was killed?
A: I was sleeping, ma’am.
Q: Why are you testifying against Titus?
A: Because Titus admitted to me that he killed the victim.
Q: What did Titus tell you?
Immediately, Titus’s counsel objected to the question on the ground that the answer of Austin would be hearsay and inadmissible in evidence. If you are the judge, how will you rule on the objection? Explain.
Zeinab, Glenda, and Rosmar had several business dealings. Zeinab purchased from Glenda PHP 1,000,000.00 worth of beauty products. On the other hand, Rosmar borrowed from Glenda PHP 2,000,000.00 as additional capital. Zeinab and Rosmar promised to pay their respective obligations to Glenda after one year. On due date, Zeinab paid Glenda only PHP 700,000.00 while Rosmar did not pay any amount despite repeated demands. Aggrieved, Glenda filed a complaint to recover PHP 2,300,000.00 against Zeinab and Rosmar before the Regional Trial Court (RTC). Does the RTC have jurisdiction over the complaint? Explain.
Ulrich is resident and owner of a house and lot situated in Pasay City. Thereafter, Ulrich discovered a deed of real estate mortgage over the house and lot which he supposedly executed to secure a loan from Nigel. The mortgage contract contained a stipulation that “all civil actions arising from or connected with this instrument or any of its provisions shall be brought before the proper courts of Bacolod City, to the exclusion of all other venues of action which are hereby expressly waived.” Aggrieved, Ulrich filed against Nigel an action to declare void the spurious deed of real estate mortgage before the Regional Trial Court in Pasay City. In his answer, Nigel raised an affirmative defense that the venue was improperly laid. The action must be filed exclusively in Bacolod City pursuant to the mandatory venue stipulation. Which between Pasay City and Bacolod City is the proper venue for the action to nullify the deed of real estate mortgage? Explain.
Gomez died leaving his wife Morticia and daughter Wednesday. Thereafter, Morticia filed a petition for probate of Gomez’s holographic will before the Regional Trial Court (RTC). The holographic will contained a detailed distribution of Gomez’s estate, Wednesday opposed the petition on the ground that it failed to allege that earnest efforts have been made among the surviving family members towards an amicable settlement of the estate of the deceased. The RTC dismissed the petition for probate absent compliance with a condition precedent as mandated by Article 151 of the Family Code. Is the RTC correct in dismissing the petition for probate for failure to allege earnest efforts toward a compromise? Explain.
The Department of Public Works and Highways (DPWH) launched an infrastructure project that will connect the major highways in the country. Trevor’s real property situated in Bacoor, Cavite will be affected by the implementation of the project. The DPWH, through the Office of the Solicitor General, then initiated expropriation proceedings with motion for the urgent issuance of a writ of possession. The DPWH attached a manager’s check equivalent to 100% of the zonal valuation of Trevor’s property and indicated the Office of the Clerk of Court, Regional Trial Court (RTC) of Bacoor, Cavite as payee. The DPWH furnished Trevor with copies of the complaint, motion, and manager’s check. The motion was not set for hearing. Thereafter, the RTC issued the writ of possession. Trevor questioned the propriety of the issuance of the writ of possession because he was not afforded due process in determining the valuation of his real property. Was the writ of possession validly issued in the expropriation case even without a hearing? Explain.
Myrna leased her real property to Geybin for a period of one year. However, Geybin refused to vacate the premises after the expiration of the lease. Myrna then filed against Geybin an unlawful detainer case. The Metropolitan Trial Court (MeTC) ruled in favor of Myrna and ordered Geybin to surrender the real property. The judgment of the MeTC lapse into finality but was not enforced. For humanitarian reasons, Myrna allowed Geybin to stay on the real property provided he will surrender its possession when needed. Thereafter, Myrna demanded from Geybin to vacate the premises but was refused. Myrna filed against Geybin another unlawful detainer case. In his answer, Geybin argued that the second ejectment case is barred by the prior final judgment in the first ejectment case. Does res judicata bar the institution of the second unlawful detainer case? Explain.
Amor filed against Yoda and the Register of Deeds an action for reconveyance, nullity of sale, and cancellation of certificate of title before the Regional Trial Court (RTC). Amor alleged that Yoda unlawfully obtained a certificate of title when he registered the disputed land in his name based on a falsified deed of sale. In due course, the RTC found Amor as the lawful owner of the realty and declared the sale void. However, the RTC failed to expressly include in the dispositive portion the cancellation of the certificate of title. The decision became final and executory. Amor moved for clarificatory inquiry about the omission in the dispositive portion. The RTC clarified its final judgment and required the Register of Deeds to cancel the certificate of title. Aggrieved, Yoda questioned the RTC’s course of action and argued that it cannot modify a final judgment to correct perceived errors of law and fact. Did the RTC violate the doctrine of immutability of final judgment when it required the Register of Deeds to cancel the certificate of title? Explain.
The Ombudsman filed an information against City Mayor Isidro for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act before the Sandiganbayan. The information alleged that Mayor Isidro, “an incumbent City Mayor with Salary Grade 30, while in the performance of his official and administrative functions, acting with evident bad faith and manifest partiality, did then and there willfully, unlawfully and criminally give unwarranted benefits to ABC Corporation by allowing it to operate a dumpsite without the necessary environmental permits and clearances causing undue injury to the residents who had to endure the stench, flies, rats and mosquitoes emanating from the dumpsite.” Mayor Isidro sought to dismiss the criminal case for lack of jurisdiction and explained that the Regional Trial Court (RTC), not the Sandiganbayan, has authority to decide the controversy. Which between the Sandiganbayan and the RTC has proper jurisdiction over the criminal case? Explain.
The Philippine Drug Enforcement Agency (PDEA) received a tip from its confidential informant that Aidan was selling dangerous drugs in his residence in Quezon City. The PDEA agents conducted surveillance and confirmed the illegal activity. The PDEA agents then filed an application for search warrant before the Regional Trial Court (RTC) of Manila. The PDEA agents stated that Aidan has two kilos of shabu in his residence ready for disposal. The PDEA agents added that they will use two body-worn cameras. The Executive Judge of the RTC of Manila granted the application and issued a search warrant. The PDEA agents enforced the warrant and seized two kilos of shabu from Aidan. Is the issuance of search warrant valid? Explain.
The Metropolitan Trial Court (MeTC) convicted Ivanka of theft and imposed upon her the indeterminate penalty of one year and eight months, as minimum, to three years, six months and 21 days, as maximum. Ivanka timely filed a notice of appeal. The MeTC then transmitted the records of the criminal case to the Regional Trial Court (RTC). Thereafter, the RTC directed Ivanka to file a memorandum of appeal. However, Ivanka failed to submit here memorandum despite notice. The RTC then dismissed Ivanka’s appeal for failure to file the required memorandum. Did the RTC properly dismiss Ivanka’s appeal for failure to file the required memorandum? Explain.
Hermie and his 11-year old son Karter are residing in the province. Vincent, a talent manager, recruited Karter to be a child actor. Hermie agreed and gave parental consent. Vincent brought Karter in Manila. Vincent locked Karter in a small room and obliged him to have sex with clients. After one month, Vincent brough Karter inside an operating room and removed one of his corneas and a large portion of his skin. The operatives raided the premises, rescued Karter, and arrested Vincent. The social worker interviewed Karter who narrated how he was recruited, detained, sexually abused, and subjected to organ removal. The psychologist also diagnosed Karter with post-traumatic stress disorder. The prosecution charged Vincent with qualified human trafficking. However, Karter refused to testify because of severe trauma. At the trial, the prosecution called the social worker to the witness stand to establish the elements of the offense charged based on Karter’s statements during the interview. Vincent objected on the ground that the testimony of the social worker is inadmissible for being hearsay. Is the testimony of the social worker hearsay? Explain.
Esnyr filed against Fonzie a complaint for sum of money with prayer for preliminary attachment. Esnyr alleged that Fonzie failed to pay the consideration arising from their contract of service. The trial court granted the provisional remedy and levied Fonzie’s property. However, Fonzie died during the pendency of the proceedings. Accordingly, the heirs of Fonzie moved to dismiss the case and to dissolve the writ of preliminary attachment. The heirs of Fonzie argued that the writ of preliminary attachment would adversely affect their right to dispose the estate. The trial court dismissed the case and dissolved the writ of preliminary attachment. Did the trial court properly dismiss the case and dissolve the writ of preliminary attachment? Explain.
Virgil filed a disbarment complaint against Atty. Flores for dishonest and deceitful conduct. Virgil alleged that he paid a substantial amount to Atty. Flores who promised to facilitate the release of a favorable judgment. The operatives then arrested Atty. Flores for selling fake court decisions. As supporting evidence, Virgil submitted screenshots of text messages exchanged between him and Atty. Flores, to wit: “If you send PHP400,000.00 then you will surely win the case!”; “Any … I already deposited the amount, thank you.”; “Okay, received … let’s wait for a month according to the judge.” However, Atty. Flores argued that the records are bereft of any proof showing that the text messages originated from a phone number registered in his name. Thus, the text messages are inadmissible in evidence. Are the text messages inadmissible in evidence? Explain.
Rigor, Marites and Lena are best friends. Eventually, Rigor married Marites but they separated due to irreconcilable differences. After five years, Marites visited Rigor in his apartment for possible reconciliation. Marites was surprised to discover that Rigor and Lena were already living together as common law partners. Due to extreme jealousy, Marites physically assaulted Lena who sustained major contusions and trauma. The public prosecutor charged Marites with serious physical injuries. At the trial, the prosecution called Rigor in the witness stand to testify on the incident. Marites invoked the marital disqualification rile which prohibits the spouses from testifying against one another during their marriage. Marites argued that her marriage with Rigos remains valid and existing despite their separation. The prohibition must apply to bring back solidarity and harmony in their marital relationship. Is the marital disqualification rule applicable between Rigor and Marites? Explain.
Atty. Perez induced Eunice to invest money in a trading business with guaranteed profits. Atty. Perez assured Eunice that the business was doing well. Eunice agreed and delivered to Atty. Perez PHP 10,000,000.00 as capital investment. Atty. Perez issued to Eunice postdated checks with amounts representing her capital and expected profits. Thereafter, Eunice discovered that the trading business was a sham and that the checks were all drawn against a closed account. Aggrieved, Eunice filed against Atty. Perez a criminal action for estafa and a disbarment complaint for gross misconduct. Atty. Perez sought to suspend the disciplinary charge against him pending resolution of the criminal proceedings. Atty. Perez explained that his innocence or acquittal constitutes a prejudicial question to his administrative liability arising from similar incidents. Does the pending criminal action constitute a prejudicial question to warrant the suspension of the disbarment case? Explain.
Colin is a strict team leader who earned the disdain and displeasure of his co-employees. Colin started to receive text messages and calls from unknown mobile numbers warning him that his days are numbered. Colin reported the threats to his manager. After investigation, the manager decided to transfer Colin to another station for security reasons. Colin repeatedly requested from his manager to disclose the details of the investigation but was refused. Aggrieved, Colin filed a petition for issuance of writ of habeas data to stop his involuntary transfer to another station which allegedly amounts to constructive dismissal. Colin also claimed that the unjustified refusal of the management to disclose the basis of his transfer constitutes serious threat to his rights to privacy and liberty. Will the petition for habeas data prosper to protect Colin’s right to security of tenure? Explain.
Atty. Cassandra, a solo legal practitioner, hired Sandro as a legal researcher. Atty. Cassandra has an appeal brief due on September 25, 2024. However, Atty. Cassandra contracted monkeypox and suffered high fever, severe headache, and muscle fatigue. Atty. Cassandra then instructed Sandro to finish the appeal brief, affix her signature, and file the pleading with the Court of Appeals. Did Atty. Cassandra violate any provision of the Code of Professional Responsibility and Accountability? Explain.
Francis, through Atty. Kyle, charged Madam Toyoh with violation of Presidential Decree No. 1612 or the Anti-Fencing Law for purchasing a vintage vehicle knowing that it proceeds from the crime of carnapping. Madam Toyoh hired Atty. Caleb as counsel and confessed to him that she is guilty of the offense. Atty. Calen promised Madam Toyoh that he will do anything to prove her innocence. Atty. Caleb then reached out to Francis and negotiated for an amicable settlement that resulted n the execution of a release, quitclaim, and waiver of rights. Atty. Kyle discovered the compromise agreement and noticed some unfair provisions. Atty. Kyle filed against Atty. Caleb an administrative case for impropriety. On the other hand, Atty. Caleb countered that the ethical standards in the legal profession mandates lawyers to encourage clients to avoid and settle any controversy. Atty. Caleb added that the compromise agreement is beneficial to both parties. Did Atty. Caleb violate any provision of the Code of Professional Responsibility and Accountability? Explain.
Atty. Diwata, a suspended lawyer, created a professional social media page and maintained poser accounts which she used across various social networks. Atty. Diwata, during her livestream, spread fake news that the Court’s Strategic Plan for Judicial Innovations 2022-2027 failed to achieve its major target outcomes and had prejudiced the legal profession. Particularly, Atty. Diwata launched a social media campaign against the Code of Professional Responsibility and Accountability and claimed that it is akin to an ex post facto law because its provisions are given retroactive effect. May the Supreme Court discipline Atty. Diwata for her social media activities? Explain.
1. Christopher, a citizen of the United States (US), married Lila, a Filipino, in Dallas, Texas. Their marriage was later terminated by a divorce decree issued by a US court. At the time, their child, Amado, was only 18 months old. Lila and Christopher returned to the Philippines and settled in El Nido, Palawan. Christopher allegedly promised to give support to Amado in the amount of US$1,000 per month, but he never did. Subsequently, Christoper also settled in Cebu where he cohabited with another Filipino woman. When Lila learned of the whereabouts of Christopher, she filed a complaint against him for violation of the Anti-Violence Against Women and Their Children Act for his refusal to support Amado. Lila also invoked Article 195 of the Family Code, which provides for those who are obliged to support each other. She argued that notwithstanding their divorce, Christopher is not excused from complying with his obligation to support Amado. Is Lila correct in invoking Article 195 of the Family Code? Explain.
2. Nida and Deogracias were college sweethearts who had a child together named Mikael. When Mikael was three years old, Nida and Deogracias both died in a car accident while still planning their future wedding. Mikael was then out in the care of the unmarried sister of Nida, Nina, who officially adopted Mikael was left to live with his grandmother, Aurora, in the Philippines. In the US, Nina bore an illegitimate child, Maricel, from her affair with a married man. When Maricel was 22 years old, Aurora died so Nina came home to the Philippines with Maricel for the funeral. Maricel finally met Mikael who is now 28 years old. The two of them fell in love and planned to get married. Nina objected, saying that their marriage was prohibited by law. Can Maricel and Mikael validly get married? Explain your answer.
3. In 1981, JR married then 16-year-old Inka in a civil ceremony solemnized by the Mayor in their hometown. The couple lived together until 2007 when JR confessed to having an affair with Elena. Inka later discovered that JR and Elena got married in 1995. Inka thus filed a criminal complaint against JR for Bigamy. In his defense, JR insisted that he could not be held criminally liable for Bigamy because his marriage with Inka in 1981 is void for lack of a valid marriage license, while his marriage with Elena is void for lack of a marriage ceremony. Meanwhile, Elena claimed that even prior to the Bigamy case, she already filed a petition for nullity of marriage before the Regional Trial Court (RTC) of Quezon City sometime in 2007 after learning about the marriage between JR and Inka. The RTC later declared the marriage of JR and Elena as void for being bigamous, and the ruling attained finality due to lack of appeal. Does JR have a valid defense in the Bigamy case? Decide with reasons.
4. Santiago and Lucia started to live together as common-law husband and wife in 2000. In the course of their relationship, they acquired several properties which included a 600-square meter house and lot in Quezon City, a condominium unit in Taguig City, a four-hectare rest house in Batangas, a Range Rover vehicle, Lexus RX350 car, and an Indian Chief Bobber motorcycle. The purchase were mainly due to the successful salon and water refilling business of Lucia. Unfortunately, the records of these purchases were destroyed during Typhoon Ondoy in 2009. In 2023, their relationship turned sour and Lucia now wants to part ways with Santiago. However, there is a disagreement on how to divide their properties. Lucia filed a case in the Family Court, claiming that she is entitled to all of the properties. Is Lucia correct? Explain briefly.
5. Melchor, a Filipino, met and married Amy, Parisian model in France. They had two daughters named Anna and Karenina. Eventually, they decided t settle in the Philippines. However, unknown to his family, Melchor was having an affair with another Parisian model, Genevieve. He arranged for Genevieve to reside in the Philippines and bought her a house in North Greenhills so that they could continue with their illicit affair. Juliette was born out of their affair. Juliette grew up not knowing that she was the illegitimate daughter if Melchor until the death of the latter. Upon discovering that her father had a legitimate family, Juliette sought to be recognized as an illegitimate daughter of Melchor since she had always longed for sisters. In her action to prove her illegitimate filiation, Juliette presented her birth certificate signed by Melchor, as well as photographs of her with Melchor in their home in North Greenhills. Amy, Anna, and Karenina opposed the action of Juliette. Will the action of Juliette prosper? Explain your answer.
6. With the express consent of their respective parents, Jaime and Cathy, both 21 years old, decided to get married in a destination wedding in Boracay on Valentine’s Day 2022. The older brother and sister-in-law of Jaime were on their way home from the wedding on board a boat when it sank, leaving their 8-year-old son, Cesar, orphaned. Grief-stricken, Jaime and Cathy now want to adopt Cesar and raise him as their own. Are they qualified under the law to adopt Cesar? Explain your answer.
7. Anita is an Anita is an entertainer in Empyrea, a men’s club and lounge. One evening, Nilly, the exclusive patron of Anita, asked her out on a date outside of Empyrea. After spending the night together, Billy got Anita pregnant. A year after giving birth to Marisol and despite the vehement opposition of Billy, Anita went back to her previous job in Empyrea to support her child. Anita was able to provide a house, a nanny, and other necessities for Marisol. Billy, however, insisted that Anita no longer needed to work if she and Marisol stayed with him as he could provide for them. Since Anita refused to live with Billy, the latter filed a petition for custody of Marisol. Anita contended that illegitimate children are automatically under the sole custody and parental authority of the mother. On the other hand, Billy alleged that Anita is unfit to take care of Marisol given her line of work. If you are the judge, how will you decide the petition? Explain.
8. Niccolo and his girlfriend Meann were classmates in medical school. When they finished their studies and started earning, they decided to invest in a condominium unit together which they hoped to lease out. Since Niccolo came from a rich family and was still receiving an allowance from his parents, the couple decided that Niccolo would shell out 2/3 (P10 million) of the P15 million purchase price, while Meann would contribute 1/3 (P5 million). They asked a mutual friend who was a law student to draw up a contract which reflected the mentioned interests. The contract also had a provision that their shares in the benefits as well as the chargers affecting the property would be equal. They then found a long-term tenant who rented the property for P30,000 a month. Unfortunately, Niccolo and Meann broke up and are now quarreling over their respective shares in the rental income. Niccolo insists that he should get P20,000 or 2/3 of the monthly income while Meann claims that it should be P15,000 each. Who is correct? Explain your answer.
9. Lani and Rufino died leaving four children, two of whom are Arturo and Bugoy. The heirs signed a document selling half of the property of their parents to their friend, Honorato. One of the remaining quarters was occupied by Ildefonso and Bienvenido, the children of Arturo, while the other quarter was sold by Bugoy to Spouses Cruz by virtue of a deed of sale. Shortly after, the Spouses Cruz filed an ejectment case against Ildefonso and Bienvenido for the ¼ portion of the subject property that they purchased. On the other hand, Bienvenido filed a complaint for recovery of ownership, quieting of title, and annulment of deed of sale against the Spouses Cruz. He alleged that the deed of sale is void since Bugoy is not the true and real owner of the subject property, which originally belonged to the estate of Rufino. On the other hand, the Spouses Cruz argued that Bienvenido availed of the wrong remedy, and claimed that the heirs had already agreed to divide the property among themselves when they allowed a portion of the property to be occupied by the heirs of Arturo. Will the complaint of Bienvenido prosper? Discuss.
10. Marvic inherited a piece of land and decided to farm it. The land was bordered on all sides by properties belonging to other owners. The surrounding property closest to the public highway is owned by Renato. Willing to pay compensation, Marvic talked to Renato about granting him access to the highway but Renato refused. Renato reasoned that there is another access point for Marvic through a dirt road that connects to the public highway without passing through his property. Marvic argued that this is not convenient as it is twice the distance, circuitous, and unlit. As they could not reach an agreement, Marvic filed a complaint for easement of right of way against Renato. Should a compulsory right of way be granted in favor of Marvic? Explain your answer.
11. Alejandro was a married airline executive who had a clandestine love affair with a pilot, Francisca. Six years later, Francisca ended the affair amicably because she wanted to get married herself and start a family. She soon met David, another pilot, and they got engaged. On the occasion of the impending nuptials of Francisca and David, Alejandro, feeling nostalgic and generous, donated a valuable painting (exclusively his own and not conjugal) to Francisca. Upon learning of the donation, the wife of Alejandro, who knew of the romantic past between the two, filed a complaint to have the donation nullified. Is the donation valid, void, or voidable? Explain your answer.
12. Cora, who was married to Wenceslao, executed a last will and testament where she gave all of her exclusive properties to her niece, Alma. Cora later died without issue. Wenceslao subsequently opposed the probate of her will on the ground that he was deprived of his legitime. Is Wenceslao correct? Explain your answer.
13. Felicia and Rocky met at a training convention and subsequently became lovers. They had children named Enrico and Euriz. One night while on his way home, Rocky met his end when his car collided with a speeding 15-wheeler truck along C-5 road. A year later, the father of Rocky, Hilario, suffered a brain aneurysm and died. In the settlement of the estate of Hilario, Enrico and Euriz claimed an interest on the estate of their grandfather. They argued that as the biological children of Rocky, they are entitled to inherit from their grandparents by right of representation. The legitime heirs of Hilario vehemently opposed the claim on the ground that Enrico and Euriz are barred from inheriting from the ascendants of Rocky. Are the legitimate heirs of Hilario correct? Explain your answer.
14. The promissory note between Jhosep and Mario states: “Jhosep agrees and understands that upon failure on his part to pay the amount of One Hundred Thousand Pesos (P100,000) on December 31, 2015, he agrees to pay the sum equivalent to six percent (6%) interest monthly from the date of default until the entire obligation is fully paid for.” Jhosep failed to pay on the stipulated date. On March 1, 2016, Mario filed a collection suit against Jhosep. In his defense, Jhosep stated that he was not yet in legal delay, as Mario had not made a demand against him. Is the contention of Jhosep correct? Explain.
15. On September 6, 2015, Mauro purchased from Antonio a motorcycle, as evidenced by a deed of sale. The purchase price was P88,700, with a down payment of P35,000, and the balance payable in 12 monthly installments, due and payable on the first day of each month starting December 1, 2015. As security for the balance, Mauro executed a chattel mortgage over the said motorcycle in favor of Antonio. However, Mauro failed to pay the monthly installments. After Antonio extrajudicially demanded payment for the balance, Mauro returned the property to Antonio. Is the return of the motorcycle equivalent to dación en pago? Discuss.
16. Nardo leased a house and lot from Jericho. Subsequently, Nardo subleased this property to Paquito. The contract of sublease contained a stipulation to the effect that the rental payments of Paquito should be pad directly to Jericho, the principal lessor. Is the stipulation pour autrui? Explain.
17. On October 10, 2010, Joaquin executed a deed of absolute sale in favor of Juancho involving the parcel of land of Joaquin situated in Surigao del Sur. Juancho did not register the deed of absolute sale with the Register of Deeds of Surigao del Sur. On October 30, 2010, Joaquin also executed another deed of absolute sale over the same property in favor of Martina who had no knowledge of the prior sale between Joaquin and Juancho. Neither Juancho nor Martina took possession of the parcel of land subject of the two sales. However, after learning of the October 10, 2010 sale, Martina immediately caused the registration of her October 30, 2010 deed of absolute sale with the Register of Deeds of Surigao del Sur. Will Martina be able to invoke the principle “first in time, stronger in right” as against Juancho? Discuss.
18. Ibrahim borrowed money from Fidel, as evidenced by a loan agreement. Ibrahim used as collateral for the loan his parcel of land situated in Maria Luisa Estate Park in Cebu City. Under the terms of their agreement, Fidel has the exclusive and irrevocable option to buy the collateral for the amount of P100 million, inclusive of the borrowed amount of P50 million and interest therein at 6% per annum. When the loan matured, Ibrahim was unable to pay his loan obligation. Ibrahim, however, refused to sell his collateral to Fidel. May Fidel compel Ibrahim to sell his collateral by exercising the option to buy under the loan agreement? Discuss your answer.
19. Luna owns a passenger bus driven by her employee, Tomas. One day, the passenger bus collided with a car driven by Graciano. Graciano then filed a complaint for damages based on quasi-delict against Luna. He likewise instituted a criminal action against Tomas, but failed to reserve his right to institute a separate civil action against damages in the said criminal case. Luna filed a motion with the trial court for the deferment of trial, arguing that Tomas must be impleaded in the civil case because he committed the negligent act that caused damage to Graciano. Is Luna correct? Explain.
20. Rene and Sebastian, who are bitter enemies, engaged in a gunfight. In the ensuing battle, Rene killed Sebastian with a shot to the head. In the criminal case for Murder filed against Rene, the heirs of Sebastian failed to establish funeral expenses. Is the award proper? Discuss.
September 17, 2023 (8:00 P.M. – 12:00 P.M.)
1. As an incentive for Filipino nurses to remain or be employed in the Philippines, the “Ang Nars Incentives Act of 2023” was approved by the President. The law allows children of any nurse to be enrolled in any private tertiary institution without need of taking any entrance examination provided the child maintains the required passing average grade each year. A 70% tuition waiver for each child shall be extended by the institution and 50% of the tuition waiver may be creditable to any national taxes owed by the institution to the government. Is the law constitutional? Explain briefly.
2. Sulu Second District Representative Alfonso died during the second year of his term. House Speaker Rodil then designated Sulu First District Representative Midas as the legislative caretaker for the remaining period of the term of Alfonso. Upon the prodding of majority of the constituents of the Sulu Second District who are invoking their right to representation, the members of the party of Alfonso filed a petition before the Supreme Court for the issuance of a writ of mandamus to compel Rodil to call for a special election in their district. Will the petition prosper? Explain.
3. In the 2022 elections, the formidable tandem of Priscilla and Teodoro ran for and won as President and Vice-President, respectively, of the Republic of the Philippines. On her 15th month in office, President Prescilla suddenly resigned due to health reasons, paving the way for Vice-President Teodoro to assume office as President. President Teodoro then nominated incumbent Senator Angel, who was President of the Philippines from 2010 to 2016, to take his place as Vice-President. Voting separately and by the vote of a majority of all the members of both Houses of the Congress, Senator Angel was confirmed, and henceforth assumed office as the Vice-President. In the coming 2028 elections, may both President Teodoro and Vice-President Angel legally run for President of the Philippines? Explain your answer briefly.
4. In a fresh attempt by the President to seek a just and lasting peace with the Kapisanan ng Malayang Pilipinas (KMP), a Government Negotiating Paner (GNP) was constituted to explore options to end the internal armed conflict in the country. After months of negotiations, the GNP and KMP leadership agreed on the crucial provision in the chapter on Transitional Justice of the Agreed Framework, which states: ”The Parties hereby recognize the need to arrive at genuine criminal justice. Towards this end, the GNP shall make the appropriate representation with the Senate and House of Representatives aimed at the passage of an amnesty law”. The Philippine Constitution Association questioned the provision as unconstitutional for encroaching on the clemency power of the President. On the other hand, the Office of the Solicitor General argued that the present case does not present a justiciable controversy. Who is correct? Explain your answer.
5. Section 1, Article IV on Bangsamoro Parliament Electoral Tribunal of the Proposed Electoral Code of the Bangsamoro Autonomous Region for Muslim Mindanao states: “Section 1. Creation and Jurisdiction. – The Bangsamoro Parliament shall have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of the members of the Parliament.” Is the proposed provision constitutional? Explain.
6. Hector, a government employee, asked Ignacio to take the Police Officer I Examination in his behalf. Upon investigation, the Civil Service Commission (CSC) observed that the picture of Hector and signature in the application form and seat plan were not identical wit those found in this Personal Data Sheet. Thus, the CSC concluded that Hector conspired with Ignacio by allowing the latter to impersonate him and found him guilty of dishonesty, meting out the penalty of dismissal. Hector appealed his dismissal to the Court of Appeals. He argued that the CSC has been divested of its authority and jurisdiction to conduct investigations and render administrative decisions based on alleged anomalies in police entrance and promotional examinations after the effectivity of Republic Act No. 8551 or the Philippine National Police Reform and Reorganization Act. The law transferred the power to administer and conduct entrance and promotional examinations to police officers from the CSC to the National Police Commission based on the standards set by the latter. Is Hector correct? Explain.
7. Professor Chiara, a natural-born Filipino citizen, is a resident expert on global military affairs at the National Defense College where she taught for 12 years. In 2017, she was tenured as a faculty member at the leading miliary academy in the United Kingdom (UK). In April 2022, she was granted British citizenship. Having learned of the renowned expertise of Professor Chiara, the President invited her to return to the Philippines to be appointed as National Security Adviser. Upon her appointment, Professor Chiara took her oath of allegiance to the Philippines and renounced her allegiance to the UK. Not satisfied with these actions, Ramon, the spokesperson of a non-governmental organization monitoring national security affairs, demanded that Professor Chiara renounce her British citizenship. Is Ramon correct? Explain.
8. A public transport bus was stopped by the police at a checkpoint. All make passengers were asked to disembark while all female passengers were requested to remain seated. Paul, a police officer, then boarded the bus and upon cursory inspection, noticed a suspicious bulging black bag at the rear of the bus. Paul lifted the back and found it to be heavy for its size. Severino, the owner of the bag and a non-paying passenger, consented to have it opened and it was revealed that the bag contained a firearm and a live grenade. When Severino failed to produce proof of his authority to carry firearms and explosives, he was arrested and eventually charged with Illegal Possession of Firearms and Explosives. Severino now contends that the search was unreasonable and unconstitutional as it was done without a search warrant. Is Severino correct? Explain.
9. For purposes of the investigation of work-related misconduct, the Presidential Management Staff (PMS), searched the office computer of its employee, Zenaida, without the consent of the latter and without a search warrant. The personal files of Zenaida stored in the computer, which were seized during the search, were eventually used by the PMS as evidence of misconduct. Zenaida was accordingly dismissed from service. Zenaida now comes to you for advice claiming that the search was unconstitutional for being violative of her right to privacy and right against unreasonable searches and seizures. Provide your legal advice with reasons.
10. The Secretary of the Department of Education (DepEd) issued Department Order (DO) No. 35 providing guidelines for teaching good manners and right conduct in all primary educational institutions. As part of the materials to be used during the sessions, the handbook for instructors contains a chapter on “Values from Religious Traditions and Indigenous Cultures”. The DepEd will provide the handbooks, but educational institutions shall be free to adopt the contents of the handbook in accordance with their respective mission and vision. Attendance at the sessions shall be compulsory for all students. Concerned parents and teachers questioned DO No. 35 before the Supreme Court as being violative of the establishment clause and their primary right and duty to rear their children. Are the parents and teachers correct? Explain briefly.
11. The property of Anne was expropriated by the government for public use more than ten years ago without proper expropriation proceedings and without payment of just compensation. Since then, the value of the Philippine peso has greatly depreciated, while the inflation rate has substantially increased. Anne now contends that in the interest of justice and fair play, the inflation rate and the depreciated value of the peso should be taken into consideration in the computation and payment of her long-delayed just compensation. Is Anne correct? Explain briefly.
12. Ricardo, a third-year law student, was subjected to custodial investigation for the crime of Rape. He was duly informed by the police of his right to remain silent and his right to have counsel of his choice if he could afford one, and if not, he could be provided with one. Ricardo proudly informed the arresting officer that he is perfectly aware of his right, being a law student, and that he is voluntarily waiving them. He then proceeded to issue a written statement truthfully detailing his participation in the crime of Rape. During trial, his written statement was presented as the primary evidence of his guild. Atty. Alexander, counsel for Ricardo, promptly and vociferously objected to the presentation and admissibility of his written statement on the ground that Ricardo executed it without assistance of counsel. Is the objection justified and tenable? Explain briefly.
13. Maasikaso Water Company (MWC), a private concessionaire, entered into a 25-year concession agreement in 2009 with the Metropolitan Waterworks and Sewerage System (MWSS) for the delivery of water supply, wastewater, and sanitation services in the City of Manila. In 2019, residents of Manila filed a complaint against MWC with the Department of Environment and Natural Resources Pollution Adjudication Board for violation of the Clean Water Act (CWA). The residents alleged that the severe flooding in Manila and worsening pollution in Manila Bay had been due to the failure of MWC to provide for adequate sewage and/or septage treatment facilities, as mandated under the concession agreement. MWC countered that the primary duty to construct sewage and/or septage treatment facilities rests upon the local government unit (LGU) under Section 7 of the CWA, which states: “Each LGU shall appropriate the necessary land, including rights-of-way/road access to the land for construction of the sewage and/or septage treatment facilities”. MWC thus maintained that it must be absolved from any form of liability considering that the City of Manila clearly failed to comply with Section 7 of the CWA. Is MWC correct? Explain.
14. Lorenzo was re-elected as Mayor of Roxas City for his third consecutive term in the 2022 local elections. In 2023, Lorenzo was administratively charged before the Office of the Ombudsman (OMB) for acts committed during his second term. Lorenzo moved to dismiss the complaint before the OMB on the ground that his re-election to a third term effectively exonerated him from the administrative charge pursuant to the condonation doctrine. Is Lorenzo correct? Explain briefly.
15. Filed before the House of Representatives were Articles of Impeachment against the Chief Justice Urduja for corruption, betrayal of public trust, and culpable violation of the Constitution. After a heavy publicized trial, the Senate, sitting as Impeachment Court, rendered a judgment removing Urduja from her position, with the additional penalty of disqualification to hold any other public office. However, during the pendency of the criminal, administrative, and civil cases subsequently filed against her, Urduja died due to health complications. The heirs of Urduja filed a petition before the Supreme Court for the release of her accrued retirement benefits and other gratuities as a member of the Judiciary. Senate President Francisco opined that the petition of the heirs of Urduja should be denied in view of her removal by impeachment. Is Francisco correct? Decide with reasons.
16. Bea filed a civil case for collection of a sum of money for non-payment by the province of Cagayan of various hospital supplies it purchased from her, as evidenced by invoices duly received and signed by its authorized representatives. After Bea completed the presentation of her evidence, the province moved to dismiss the case on the ground that the primary jurisdiction over her month claim belongs to the Commission on Audit (COA), as it arose from a series of procurement transactions with the province. The trial court dismissed the case on the ground that jurisdiction over the case lies with the COA. Bea argued that the trial court erred since a collection suit is within the jurisdiction of the courts and the province belatedly invoked the doctrine. Is Bea correct? Explain.
17. Congress enacted a law providing for mandatory biometrics voter registration. The Commission on Elections (COMELEC) then issued resolutions implementing said law and further providing that registered voters who fail to submit their biometrics for validation by the last day of filing of application for registration for the May 2025 elections shall be deactivated. Consequently, those who fail to be validated, those without biometrics data, or those who have incomplete biometrics data will be deactivated and shall not be allowed to vote. A petition for certiorari and prohibition was filed before the Supreme Court assailing the constitutionality of the law and the COMELEC resolutions, on the ground that biometrics validation constitutes an additional and substantial qualification not contemplated by the 1987 Constitution, because noncompliance therewith results in voter deactivation. Will the petition prosper? Explain briefly.
18. Gerardo, a public official, filed a certificate of candidacy for the position of Representative of the lone legislative district of this province. Despite such filing, Gerardo continued to occupy his public office since, according to his lawyer, he can only be considered resigned from public office upon the commencement of the campaign period for local officials. What is the effect of the filing of certificate of candidacy by Gerardo? Explain.
19. The island of Coron belongs to the province of Palawan. The Bureau of Local Government Finance certified that the average annual income of the island of Coron based on the 1991 constant prices was P82,696,433.23. Based on the latest Census of Population and Housing conducted by the Philippine Statistics Authority, the population of Coron is 371,576, while its land area is 802.12 square kilometers as certified by the Land Management Bureau. Republic Act No. 222 was enacted by Congress creating the province of Coron Island and was approved by the President. Thereafter, a plebiscite was held which yielded 69,943 affirmative votes and 63,502 negative votes. Is the creation of the province of Coron Island consistent with the requirements under Section 10, Article X of the 1987 Constitution and Section 461 of the Local Government Code? Explain briefly.
20. Bartolome is the Deputy Chief of Mission of the Embassy of Argentina. One week before the expiry date of the appointment of Bartolome in the Mission, he went on a three-day vacation in Brazil, a country known for its rich biodiversity and abundant natural resources. Determined to carry along a precious gift to his wife, Bartolome packed into his luggage a protected species of orchid found only in Brazil. Sniffing dogs at the Rio de Janeiro International Airport sensed something in this checked-in luggage, drawing the attention of airport officials. When asked to open the luggage, Bartolome presented his diplomatic identification and refused to submit to any inspection. Airport official informed him of the penal sanctions for transporting illegal items suspected in any luggage. May Bartolome validly invoke diplomatic immunity and inviolability of this personal luggage? Explain briefly.
September 17, 2023(2:00 P.M. – 6:00 P.M.)
I
Police officer John ran after Randy who had just killed Willy in John’s presence. John fired at Randy in an attempt to stop him in his tracks. In response, Randy fired back at John, hitting him. John was seriously wounded but survived due to timely medical assistance. Randy was then charged with Frustrated Homicide. During the trial, Randy claimed self-defense.
Is Randy’s claim of self-defense tenable? Explain briefly.
II
Moe, Curly, and Larry were drinking and singing inside a karaoke bar when suddenly, Buboy entered the bar and without warning, immediately shot all three of them using a caliber .45 pistol. Thereafter, Buboy ran out of the bar to escape. Moe, Curly, and Larry died instantly due to gunshot wounds in their heads and bodies. With the help of eyewitnesses, Buboy was arrested. After the inquest, the prosecutor charged Buboy with three counts of Homicide.
Do you agree with the charge of Homicide against Buboy? Explain briefly.
III
Michael was driving along the highway when he executed a prohibited U-Turn. Dyords, a police officer, accosted Michael for the traffic violation. A verbal argument ensued between them. Dyords suddenly drew his service firearm, and pointed it at Michael. Dyords ordered Michael to alight from his car, which the latter obeyed. Dyords then handcuffed Michael and pinned his head and body against the pavement until he could no longer breathe. Michael died. Charged with Homicide, Dyords interposed the exempting circumstance of accident as a defense.
If you were the judge, how would you resolve Dyords defense? Explain briefly.
IV
Bernardo, a mayoralty candidate of Osram City, wanted to eliminate Yori, his political opponent. Yori announced his intention to run for mayor of the same city. A month before the filing of candidacy, Bernardo and Benjamin met at a hotel and discussed their plan to kill Yori on the day when he would file his certificate of candidacy. Based on their agreement, Bernardo would provide the guns and the money, while Benjamin would provide the personnel to cordon off all roads leading to the COMELEC’s local office.
On the day of the execution of the plan, however, Benjamin flew to Manila to avoid being involved in the planned killing of Yori. Bernardo, determined to kill Yori, convened his own armed group and laid out a new plan to kill Yori, and in accordance with it, his armed group patrolled all the roads leading to the COMELEC’s local office. Bernardo remained in his house and monitored the execution of the plan from there. As soon as Yori and his supporters passed by the main road at around 2:00 p.m., Bernardo’s armed group opened fire at them. Yori was unharmed as he was inside a bulletproof vehicle, but ten of his supporters were killed. Bernardo, the members of his armed group, and Benjamin were later charged with ten counts of Murder for the death of Yori’s supporters and one count of Attempted Murder of Yori.
Discuss the criminal liability for the crimes charged against each of the following: (i) Bernardo (ii) the members of Bernardo’s armed group, and (iii) Benjamin. Explain briefly.
V
A police officer responded to a disturbance call at around 1:30 p.m. in an apartment in Quezon City. Upon his arrival, the police officer encountered Sisa stabbing her 1-year old child with a kitchen knife. The police officer grabbed Sisa and the latter threw the knife on the floor. Sisa was immediately taken into custody. Despite suffering multiple stab wounds on her back, the child survived. During the trial, Sisa insisted that she can only be held liable for Attempted Parricide because she voluntarily desisted when she threw down the knife,
Is Sisa’s contention tenable? Explain briefly.
VI
Anna and Barbara, while working inside their sari-sari store, saw Javier and Jorge robbing an elderly woman of her purse and brutally beating her to death. Anna and Barbara immediately ran outside and, when they tried to help the elderly woman, Javier and Jorge stabbed both of them. Thereafter, Javier and Jorge ran away with the elderly woman’s purse. Anna suffered one stab wound which punctured her lung, but she survived due to timely medical assistance. Barbara, however, died as a result of nine stab wounds, one of which pierced through her spleen.
If you were the prosecutor, what crime/s will you file against Javier and Jorge for: (i) the death of the elderly woman, (ii) the death of Barbara, and (iii) the injuries sustained by Anna? Explain briefly.
VII
Jesusa, a mayoralty candidate of the Municipality of Jaen, Nueva Ecija during the 2019 local election, was ambushed and gunned down by Jhudas, a gun for hire. Jhudas was arrested at a COMELEC checkpoint just after the incident. The firearm he used, a baby armalite, was verified to be without any license. During the interrogation, Judas admitted that Pontio, the rival mayoralty candidate of Jesusa, paid him Php 1,000,000.00 to assassinate Jesusa. Due to Jhudas’ admission, coupled with the sworn statement of an eyewitness, the prosecutor filed two Informations, one for Murder and one for Illegal Possession of Firearm, against both Jhudas and Pontio.
Do you agree with the prosecutor’s charge against Jhudas and Pontio? Explain briefly.
VIII
Jenny obtained a fire insurance from YG Insurance Co. (YG). In payment of the policy, she issued a postdated check payable to cash in the amount of Php 15,000.00 which was handed to Lisa, YG’s sale agent. Lisa did not remit the check to YG. Instead, Lisa deposited it in her husband’s bank account, but the check was dishonored for having been drawn from a closed account
What crime, if any, was committed by Lisa and, if there was any, what is its prescribed penalty? Explain briefly.
IX
Madame X, with the promise of money, and without the use of force, intimidation, or threat, enticed Zia, a 15-years-old, to engage in oral sex by allowing Madame X to lick Zia’s vagina. Zia consented because she needed the money.
What crime, if any, was committed by Madame X? Explain briefly.
X
During the 2022 national elections, Bern posted on her Facebook page a statement that Alfredo, an incumbent mayor vying for re-election, has a pending corruption case with the Sandiganbayan for pocketing Php 20,000,000.00 of public funds under his custody. Czarina Bern’s friend saw the post and commented online, stating: “Bhie, true yan. Alfredo is so corrupt Marami ding binahay yan Sugarol pa!” Donnabel, also Bern’s friend, reacted to Bren’s post by clicking the “like” button. Another person, Justine, who is a stranger to Bern and her friends, but who claims to be a crusader for good governance, came across the said post. Finding it relevant to her advocacy and crusade, Justine shared the link to Bern’s post on her Twitter account
Who among Bern, Czarina, Donnabel, and Justine, If any, are liable for the crime of Cyber Libel? Explain briefly.
XI
On May 15, 2013 at around 3:00 a.m Lucy, Mary and Raphael were on board a passenger jeepney, with Raphael behind the wheel. They were traversing the highway on the southbound lane.
Meanwhile, a Virgen Bus, Driven by Kiko, was Traveling along the northbound lane. Kiko overtook the vehicle in front of him, which caused him to occupy the opposite lane where the jeepney was on. With the Virgen Bus traveling at a high speed, Raphael tried to avoid the collision but failed. The bus hit the jeepney which resulted in Raphael’s death, serious physical injuries to Lucy and Mary, and extended damaged to the jeepney amounting to Php 500,000.00
The public prosecutor filed two Information charging Kiko for two separate offenses : (i) Reckless Imprudence resulting in Serious Physical Injuries for the injuries suffered by the passenger; and (ii) Reckless Imprudence resulting in Homicide and Damage to Property for Raphael’s death and the damage to the jeepney
Is the public prosecutor correct? Explain briefly.
XII
Sometime in 2011, while police officers were conducting a foot patrol in connection with the report of rampant illegal activities in the area, police officer Pepe saw Raul inside a small shanty holding a disposable syringe, Being a police officer for almost 15 years and having previously made more than ten arrest involving possession of drug paraphernalia, Pepe entered through the open door of Raul’s shanty and arrested him. Inside the shanty, 23 more pieces of disposable syringes and empty ampules were seized from Raul. Pepe immediately marked the seized items, took photographs thereof, and conducted an inventory in the presence of Raul, a Barangay kagawad, a representative from the Department of Justice (DOJ), and a media practitioner, The seized items were turn over to the evidence custodian, who kept them in a sealed container in the police station.
During the trial of Raul for the crime of Illegal Possession of Drug Paraphernalia, police officer Pepe, the sole witness for the prosecution, testified as narrated above. After which, the prosecution rested its case. The defense did not present any evidence
If you were the judge, would you convict or acquit Raul for the crime charges? Explain briefly.
XIII
Joben, a school principal, called high school student Paula and Gina, both 15 years old, to the faculty room regarding the sexual text message circulating around campus which made reference to Joben’s daughter. In front of teachers and some students, Joben shouted at Paula and Gina, asking them who sent the said text message. Joben also threatened to sue them and said: “Siguro naingit kayo sa anak ko kasi maganda sya, matalino at mayaman. Sabihin nyo kasi sa mga magulang nyo magsumikap sila para maging mayaman din kayo. Di yung tatamad-tamad.” Joben then raised the middle finger in front of Paula and Gina, saying “Mga burikat (whore)!”
Later that day, Paula and Gina narrated the incident to their parents and said that they were ashamed of going back to school.
Is Joben guilty of violating Section 10(a) of Republic Act No. 7610 for other acts of child abuse? Explain briefly.
IVX
On February 25, 2019, Bob approached Edward to borrow Php 100,000.00 purportedly to settle some obligations, promising that he would pay the loan using a postdated check. Convinced by Bob’s promises of repayment with interest, and because of their closeness as former classmates in high school, Edward agreed to lend the said amount. As payment, Bob made, drew, issued in favor of, and delivered to Edward on the latter’s residence at No. 112 Maria Orosa St., Ermita, Manila, CBC Saving Bank Check No. 32710 postdated August 25, 2019 in the amount of Php 105,000.00. When the check was presented for payment on its due date in CBC Saving Bank Quezon City Branch, it was dishonored due to: “Drawn Against Insufficient Funds” (DAIF).
On January 22, 2020, Edward sent a demand letter to Bob to pay the face value of the check, but said demand, although received by Bob, was not heeded. Hence, the check remained unpaid, with no arrangement for its payment.
Draft the appropriate Information, complete with caption and title, charging Bob for violation of Batas Pambansa Blg. 22.
XV
In 2003, the Province of Davao del Sur purchased two vehicles for the use of the Governor and Vice Governor, respectively. The purchase requests, which were all assigned by Luis as then Governor of the province, requested for the acquisition of one unit Ford Ranger XLT 4×4 and one unit Toyota Hilux 4×4. The procurement of the subject vehicles did not undergo competitive public bidding as it was effected through direct purchase. The mode of procurement was approved by the members of the Bids and Awards Committee (BAC) of the province. The two vehicles were delivered to the provincial government, and after inspection and acceptance by the concerned officials, payments were issued to the suppliers.
Subsequently, a complaint was filed by a concerned citizen before the Office of the Ombudsman-Mindanao (OMB) claiming that the purchase of the provincial government violated the procurement law. The OMB, after due investigation, verified that the provincial government did not comply with the required procedure of the procurement law. Based on his finding, the OMB filed with the Sandiganbayan an Information against Luis and the members of the BAC for violation of Section 3 (e) of Republic Act No. 3019.
The Sandiganbayan found Luis and the members of the BAC guilty on the sole reason that violation of the procurement law constitutes evident bad faith and manifest partiality on the part of the accused.Is the Sandiganbayan correct? Explain briefly.
Kotse Corp. operates a mobile phone application “Kotse PH” that allows users to book private cars in demand to their destination, and matches them with nearby available “driver-partners.” The destination is only made known to the driver-partners when the users boarded the vehicle. Kotse Corp. has an accreditation process for its driver-partners who are required to submit bio-data, professional driver’s license, and negative drug test result, as well as pass an exam on road safety. After accreditation, the driver-partners are free to choose their own work hours but Kotse Corp. requires them to complete at least a total 40 hours per week or else the driver’s share in the fare will be reduced. The fare is determined by the application software depending on distance, time, and the demand for rides. The fare is paid by the user or passenger through the application and Kotse Corp. remits the driver’s share of 75% of the fare every two weeks. Kotse Corp. keeps 25% as its commission. The drivers-partners are evaluated by the user or passenger through a five-star rating system. Driver-partners who consistently have an average rating of two-star or below may be removed from Kotse Corp‘s roster of driver-partners. The driver-partners use their own vehicles, pay for fuel, and secure their own vehicle insurance.
Is there an employer-employee relationship between Kotse Corp. and its driver-partners? Explain briefly.
[This item has two questions.] Krys is a daily paid factory worker who is required to render eighth hours of work per day. Two days ago, he rendered only seven hours of work as he arrived late in the morning. Yesterday, Krys worked for nine hours as he was required to assist in the processing of perishable goods. His supervisor, Rudy, told Krys that he would not get any overtime pay as his work for nine hours yesterday was meant to offset the one hour shortfall in his work the day before.
Cristina, a new-hire of Sterling Corporation (Sterling), was made to join Starling Corporation Employees Union (SCEU) in compliance with the union shop provision in the collective bargaining agreement (CBA) between SCUE and Sterling. At the request of SCUE, Sterling started deducting union dues from Cristina’s salary and remitting the same to SCUE pursuant to the CBA provisions. Cristina protested, claiming that she has not authorized the deduction in writing.
Is Cristina’s claim valid? Explain briefly.
Due to Bitoy’s repeated sexual advances toward his co-worker Diego, Diego went to the Personnel Manager to report Bitoy’s behavior. The Personnel Manager started a disciplinary action case against Bitoy. In his written explanation, Bitoy denied the allegation of sexual advances. He also pointed out that sexual harassment only pertains to a superior-subordinate relationship, where the perpetrator is the superior and the victim is the subordinate. Since Diego is not his subordinate, as they are co-workers with the same rank, Bitoy cannot be subject to disciplinary action.
Is Bitoy’s contention correct? Explain briefly.
Marino, a seafarer, was engaged as an oiler on board Searena Corporation’s oil tanker vessel. After ten executive contracts, with each contract having a duration of eight months and the last one ending in December 2021, Marino decided it was time to enjoy his hard-earned money, and disembarked from the vessel upon the expiration of his employment contract. In April 2022, he felt excruciating pain in his groin. He went to a doctor and was diagnosed with acute hernia. The doctor also determined that the hernia was caused by repeated heavy lifting because of his work as an oiler.
As a result, Marino filed a case against Searena Corporation before the Labor Arbiter, claiming total and permanent disability under the POEA Standard Employment Contract.
Searena Corporation raised in its position paper that Marino is barred from filing the case as he did not raise any complaints during the term of his employment, and within three days from his arrival in the country after his last employment.
If you were the Labor Arbiter, rule on Searena Corporation’s defense. Explain briefly.
Sonic Build Corp. employed Leo and Dan in its cement factory and assigned them the tasks of, among others, directing and supervising rank-and-file employees. Leo and Dan are required to ensure that such employees obey company rules and regulations, and recommend to the company’s Human Resource Department any required disciplinary action against erring employees. There is only one union representing rank-and-file employees.
May Leo and Dan join the union? Explain briefly.
Two legitimate labor organizations (Union Jack and Union Jill) are competing to become the first sole and exclusive bargaining agent (SEBA) in Maharlika Company. The unions agree to a consent election without involving the Bureau of Labor Relation (BLR). Union Jack gamers an overwhelming majority of the valid votes cast during the consent election. Negotiation for a collective bargaining agreement (CBA) commences, and while this is ongoing, a third union, Union Jumble, files with the BLR a petition for certification election seeking certification as the SEBA in Maharlika Company. Union Jack opposes the petition, arguing that no petition for certification election can be filed within one year from the consent election, and during the CBA negotiation.
Is Union Jack correct? Explain briefly.
Julian was hired by Index Agency, a licensed manpower and recruitment corporation, which had a Service Agreement with Kainan Resto, a fast food restaurant, for the provision of ancillary and support services. Index Agency assigned Julian to work at Kainan Resto as a cashier and counter clerk, whose duties involved taking customer orders, receiving payments, preparing food orders, and serving food to customers.
Julian was accused of short-changing a customer during one transaction. He was immediately dismissed from service by the manager of Kainan Resto. Julian filed a complaint for illegal dismissal against Index Agency and Kainan Resto. In its defense, Kainan Resto argued that Julian was not its employee but of Index Agency, given that Index Agency is a licensed manpower corporation.
Is Kainan Resto Correct? Explain briefly.
Sigaw Corp., a media entity, produces television shows. To streamline its processes, it created a database of camera crew and sound engineer whom it usually engages for its television shows. Sigaw Corp. pays them only “talent fees” each time they are engaged for a show. After several years of this set up, the camera crew and sound engineer filed a complaint for regularization against Sigaw Corp. before the Labor Arbiter. On the other hand, Sigaw Corp., claims that they are not regular employees but independent contractors or talents because they are engaged and paid for their specific technical skills.
Rule on the complaint. Explain briefly.
[This item has two questions.] As Human Resource Manager of a five-star hotel, you were told in confidence by several fearful employees in the housekeeping department that Joy, the head of housekeeping, was a harsh disciplinarian who would pinch the ears of her staff or rap their heads to drill instruction on the proper way to clean and tidy up the hotel rooms. One day, the assistant housekeeper urgently called you to the supply room of the hotel, where you found housekeeping staff Erika and Patricia slumped on the floor with bloody faces. The assistant housekeeping reported that she saw Joy beat up Erika and Patricia with a mop for allegedly stealing complimentary toiletries for guests. Erika and Patricia were hospitalized for a couple of days due to the injuries they sustained.
Trixie is a science/researcher in the academe, specializing in vaccine research particularly messenger ribonucleic acid (mRNA) technology. At the start of the pandemic in 2020, Trixie was hired by AZ Corp. to help formulate and produce a vaccine against COVID-19. The employment contract provides:
“You shall not work for whatsoever capacity, either as an employee, agent, or consultant with any person, anywhere in the Philippines, whose business is in direct and indirect competition with the company during the period of this contract, and for a period of ten (10) years from date of resignation or suspension from the company. Violation of this stipulation shall make you liable for liquidated damages in the amount of Php 5,000,000.00“
Trixie was able to successfully produce the vaccine and for which AZ Corp. paid her Php 5,000,000.00. Thereafter, Trixie resigned from AZ Corp. and returned to her work in the academy. AZ Corp. filed a complaint for damages in the amount of Php 5,000,000.00 against Trixie for violation of the above stipulation in her contract.
If you were the judge, rule on the validity of the stipulation. Explain briefly. (5 points )
Discuss and differentiate between the procedural requirements in termination of employment for (i) just and (ii) authorized causes. Explain briefly.
A police officer saw Harvey urinating in public. A local ordinance imposes a Php 500.00 fine for urinating in public. The officer shouted at Harvey: “That is against the law!” Harvey sarcastically answered: “NO, this is against the wall!” Then and there, the police officer arrested him and brought him to the police station. At the police station, Harvey was frisked and was found in possession of an unlicensed .38 caliber revolver loaded with five live ammunition. He was subsequently charged with Qualify Illegal Possession of Firearms. When the prosecution offered in evidence the unlicensed firearms and ammunition, the defense objected on the ground that the pieces of evidence are products of illegal search and seizure. The prosecution contended that the pieces of evidence were lawfully seized after valid warrantless search incidental to a lawful arrest.
Was the search and seizure valid? Explain briefly.
Pedro was the accused in a rape case. During the trial, the private complainant testified that on the night of the incident, she was walking home when Pedro, who was her neighbor, suddenly grabbed her and brought her to his house. There, Pedro forcibly had carnal knowledge of her. After the prosecution rested its case, Pedro testified that the sexual intercourse between him and the private complainant was consensual. Eventually, the trial court acquitted Pedro on reasonable doubt and found that the element of force was not established.
The People filed a Rule 65 petition for certiorari with the Court of Appeals (CA), alleging that the trial court’s decision was rendered with grave abuse of discretion because the private complainant’s testimony clearly established that Pedro had carnal knowledge of her through force and without her consent. In this comment, Pedro sought to dismiss the petition on the ground violation of his right against double jeopardy.
As the CA, how would you rule on the petition? Explain briefly
A city ordinance was passed providing for the removal, at the owner’s expense, of: (i) all outdoor advertising material displayed or expose to the public in designated regulated areas such as residential zones, bridges, and alone main city streets; and (ii) billboards of substandard materials, or which obstruct road signs and traffic signals. Failure to comply with said ordinance authorizes the mayor, assisted by the police, to implement removal of the non-compliant material. ABC Ad Agency, owner of the billboards removed by the city, filed a complaint because, considering the nature of its business, the removal of its billboards amounted to taking of private property without just compensation.
Will the complaint prosper? Explain briefly.
[This item has two questions.] As a reaction to China’s occupation of the Spratly Islands, a rally was organized by various civil society aggrupation at a vacant private lot. Before the event could even start, the police ordered the organizer not to proceed with the program because of security and the fact that the group did not have a mayor’s permit. When the organizers still proceeded with the rally, the police dispersed the crowd and arrested the leaders of the group.
The K-12 Law was passed with the objective to enhance the Philippines education system by strengthening its curriculum and adding two years of high school. Parents of students in a science high school sought to have the law declared unconstitutional citing equal protection clause of the Constitution. As well, the parents averred that the law should not apply to their children because the latter belong to a distinct class, being gifted and advanced to their age, with the capability to learn better and faster compared to other high school students.
Is the contention of the parents tenable? Explain briefly.
President Hidalgo, who wanted the Philippines to be part of the International Criminal court once again, signed the Philippines’ ratification of the Rome statute. A copy of the treaty, along with the ratification, was sent to the senate for its concurrence. Senator Dalisay filed a proposed “Resolution” for the senate to concur with the Philippines’ ratification. The proposed “Resolution” was read three times on three separate days. Three days before the third reading, printed copies of the proposed “Resolution” in its final form were distributed to all Senators. The Senators then unanimously approved the “Resolution”, and the Senate expressed its concurrence with the treaty’s ratification. A civil society group filed a petition before the Supreme Court questioning the validity of the senate’s concurrence on the ground that the “Resolution” was void because only a “bill” becomes a law.
Rule on the petition. Explain briefly.
After Martial Law was declared in Mindanao, police officers arrested Jose Maria without any warrant while shopping for groceries at a supermarket in Mindanao. Jose Maria questioned the validity of the arrest as he has no pending case and had not committed any crime at the time of his arrest. The police officers countered that the declaration of Martial Law suspended the privilege of the writ of habeas corpus, as a result , they could effect warrantless arrests.
Is the contention of the police officers correct? Explain briefly.
A law was passed exempting the Land Bank of the Philippines (LBP) from the payment of filing fees in collection cases on loans granted by LBP to its borrowers. The Office of Court Administration (OCA) of the Supreme Court issued a Memorandum requiring all courts to continue to collect filing fees in collection cases filed by LBP, stating that only the Supreme Court can decide on exemption from payment of filing fees. LBP assails the OCA Memorandum, arguing that the exemption found in the law is within plenary power of congress to enact legislation. Moreover, the law was approved by the President. Thus, LBP argues that the act of the OCA violates the principle of separation of powers.
Is LBP correct? Explain briefly.
During a press conference, President Acosta explained that the executive Department can temporarily take over the operation of any privately owned public utility or business affected with public interest to address the shortage of hospital beds occasioned by the COVED-19 pandemic. She invokes Article XII, Section 17 of the 1987 Philippines Constitution, which provides that: “In times of national emergency, when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.
Is President Acosta correct? Explain briefly.
Lemuel was born in 1988 to a Filipino mother and an American father, as shown in his birth certificate. His parents, however, were not married to each other. Subsequently, his father petitioned for him, as a result of which Lemuel received a certificate of American citizenship and an American passport. In 2022, Lemuel filed a certificate of candidacy to run as Representative of the lone district of Batanes. Ayla, a Filipino citizen and resident of Batanes, filed a petition for disqualification with the Commission on Elections alleging that Lemuel is ineligible to run for public office of the Philippines as Lemuel is an American citizen.
Is Ayla correct? Explain briefly.
The Commission on Higher Education (CHED) directed higher education institution to remove materials “that contain pervasive ideologies Communist-Terrorist Group“ from their libraries. According to the CHED, the materials need to be removed because these would radicalize students against the government.
Is the CHED directive a violation of the institution’s academic freedom? Explain briefly.
The Congress passed a law prohibiting the sale and distribution of alcoholic drinks within 100 meters from religious and education institutions. A city enacted an ordinance increasing the coverage of the prohibition to 150 meters from any religious and educational institution.
Is the city ordinance valid? Explain briefly
Pursuant to a law ordering the fixing of “just and reasonable standards, classification, regulations, practices, or services to be furnished, observed and imposed by operation of public utility vehicles,” the Land Transportation Franchise and Regulations Board (LTFRB) promulgated and published a regulation that “no car beyond six years shall be operated as a taxi.” Taxi operators assailed the validity of the regulation contending that procedural due process was violated because position papers were not asked of them and no notice was given to them prior to the issuance of the regulation.
Were the taxi operators denied procedural due process? Explain briefly.
XIV
A foreign commercial ship was spotted by the Philippine Coast Guard dumping garbage and toxic waste 20 nautical miles from Nasugbu, Batangas, the nearest coastline of the Philippines. The officers of the ship were arrested and charged in the Regional Trial Court (RTC) of Batangas for violation of environmental laws of the Philippines. The officers of the ship filed a motion to dismiss the case on the ground that Philippines courts do not have territorial jurisdiction over the case since the vessel was sailing outside the territorial sea of the Philippines when arrest was made.
Is the ground to dismiss correct? Explain briefly.
[This item has two questions.] Philippine Medical Center (PMC) is a government hospital created by the law to provide healthcare to the general public, especially the less fortunate. To enable PMC to perform its mandate, the national government provided the initial capital, land, building and equipment to PMC. PMC’s charter also authorized it, acting through its Board of Trustees: to acquire property; to enter into contracts; to mortgage, encumber, lease, sell, convey, dispose of its properties; and to do other acts necessary to accomplish its purpose and objectives.
Among the properties of PMC are five lands and buildings located in Quezon City. The Quezon City assessor issued a notice of assessment for real properties taxes (RPT) against PMC’s properties that are being leased to private concessionaires. According to the city assessor, PMC’s properties leased to private entities are subject to RPT because these properties are not being exclusively used for charitable purposes. PMC, on the other hand, claims that, as a government instrumentality imbued with corporate power, it is exempt from RPT.
2018 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
November 4, 2018 / 8:00 A.M. – 12:00 N.N
I.
Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non-abortifant hormonal contraceptives, and family planning products and supplies, but prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend family planning seminar prior to the issuance of marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law unconstitutional based on, among others, the following grounds:
(a) It violates the right to life, since it practically sanctions abortion. Despite express terms prohibiting abortion, petitioners claim that the family planning products and supplies oppose the initiation of life, which is fundamental human right, and the sanction of contraceptive use contravenes natural law and is an affront to the dignity of man.
(b) It violates the constitutional prohibition against involuntary servitude because it requires medical practitioners to render 48 hours of pro bono reproductive health services which may be against their will.
(c) It violates the Freedom of Religion, since petitioners’ religious beliefs prevent them from using contraceptives, and that any State-sponsored procurement of contraceptives, funded by taxes, violates the guarantee of religious freedom.
Rule on each of the above objections. (2.5% each)
II.
Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People’s Army (NPA) and point to the location of NPA camps. She suffered for several days until she was released after she signed a document saying that she was a surrenderee, and was not abducted or harmed by the military. After she was released, and alleging that her rights to life, liberty and security had been violated and continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders, Inspection of the Place, and Production of Documents and Personal Properties. The case was filed against President Amoyo (who was the President of the Philippines when the abduction, beating, mauling, and life threats were committed). General Altamirano, and several military men whom Agnes was able to recognize her ordeal. The Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas data and directed the respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to heal the petition. The respondents duly filed their return on the writs and produced the documents in their possession. After heating, the CA ruled that there was no more need to issue the temporary protection orders since the writ of amparo had already been issued, and dismissed the petition against the President Amoyo on the ground that he was immune from suit during his incumbency as President. Agens appealed the CA ruling to the Court. The appeal was lodged after President Amoyo’s term had ended.
(a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance of the temporary protection order? (2.5%)
(b) Will President’s immunity from suit continue even after his term has ended, considering that the events covered by the Petition took place during his term? (2.5%)
III.
What and whose vote is required for the following acts: (2% each)
(a) the repeal of tax exemption law;
(b) a declaration of the existence of a state of war;
(c) the amendment of a constitutional provision through a constituent assembly;
(d) the resolution of a tie in a presidential election; and
(e) the extension of the period of suspension of the privilege of the writ of habeas corpus?
IV.
The province of Amaya is one of the smallest provinces in the Philippines with only one legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro.
Andres, a resident and registered voter of Cuatro municipality, and and was elected as member of Sanguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections.
While Andres was serving his second term as SP member, a law was enacted re-apportioning the four towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres and Cuatro comprising of the Sec0ond District.
In 2016 local election, Andres ran and was elected as member of the AP of Amaya representing the Second District.
Andres seeks your legal advise regarding his intention to run as a member of SP of Amaya for the Second District in the next local elections in 2019. What will you advise Andres? (2.5%)
V.
State whether or not the following acts are constitutional: (2% each)
(a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;
(b) A law requiring all candidates for national or local elective offices to be college degree holders;
(c) The designation by the President of an acting Associate Commissioner of the Civil Service Commission;
(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been engaged in the practice of law for five years; and
(e) The nomination by a national party-list of a person who is not one of its bona fide members.
VI.
Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclamed as of the the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative.
About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion and replacement by Andoy.
The Comelec considered Alejandro’s petition as an inter-party dispute which it could resolve as an incident of its power to register political parties; it proceeded to uphold expulsion.
Is the Comelec’s ruling correct? (5%)
VII.
The 2016 mayoralty race in the Cityof Ardania included Arnaldo and Anacleto as contenders.
Arnaldo filed a petition with the Comelec to cancel Anacleto’s Certificate of Candidacy (CoC) for misrepresenting himself as Filipino citizen. Arnaldo presented as evidence a copy of Anacleto’s Spanish passport and a certification from the Bureau of Immigration (BI) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona.
In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine Citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of Schengen visa to allow him to travel to Spain to visit his wife and minor children.
(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto’s CoC? (2.5%)
(b) In case Anacleto’s CoC is properly cancelled, who should serve as mayor of Ardania City: Arnaldo, who obtained the second highest number of votes, or Andrea, the duly elected Vice Mayor of the City? (2.5%).
VIII.
Two petitions for cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns.
The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua which carried perpetual absolute disqualification. While Anselmo was in prison, the President commuted his sentence and he was discharged from prision.
The second petition was against Ambrosio. Ambrosio’s residency was questioned because he was allegedly a “green card holder,” i.e., a permanent resident of the US, as evidenced by a certification to this effect from the US Embassy.
Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio.
Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions cancelling their respective CoCs. Both claimed that the Comelec en banc acted with grave abuse of discretion amounting to lack or excess of jurisdiction because the petitions should have first been heard and resolved by one of the Comelec’s Divisions.
Are Anselmo and Ambrosio correct? (5%)
In 1990, Agripina migrated to Canada and acquired Canadian Citizenship.
In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.
In 2009, Agripina filed here certificate of candidacy for Congress for the 2010 elections. Agripina’s political rivals lost no time in causing the filing of various actions to question her candidacy. They questioned her elligibility to run as member of Congress. Since Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.
Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was deemed never to have lost, her Philippine citizenship.
Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)
Ascertain the constitutionality of the following acts: (2.%% each)
(a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct.
(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman.
(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an administrative proceeding, except through a petition for review on certiorari filed before the Supreme Court.
Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine Court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense until the completion of all judicial proceedings. However, when requested, the US military authorities shall make the US personnel available to Philippine authorities for any investigative or judicial proceeding relating to the offense with which the person has been charged. In the event that the Philippine judicial proceedings are not completed within one year, the US shall be relieved of any obligation under Section 6.
The consititutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and (2) it violates the equal protection clause to the extent that it allows the transfer of the custody of an accused to a foreign power as providing a different rule of procedure for that accused.
Rule on the challenge. (5%)
Section 9 of P.D. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court.
Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions “en banc [to] promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights.”
Section 16(3) of Article VI of the Constitution states that “Each House may determine the rules of its proceedings.” Section 21, Article VI of the Constitution provides that “The Senate or the House of Representatives or any of its respective committees may conduct inquiries…in accordance with its duly published rules of procedure.”
Finally, Section 3(8) of Article XI of the Constitution declares that “The Congress shall promulgate its rules of impeachment to effectively carry out the purpose of this section.”
Are the rules promulgated pursuant to these provision subject to review and disapproval by the Supreme Court? (5%)
PO1 Adrian Andal is known to have taken bribes from apprehended motorist who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where PO1 Adrian was caught red-handed demanding an taking PhP500 from a motorist who supposedly beat a red ligh.
After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of Section 15, Article II of R.A No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
PO1 Adrian argues against the admissibilityb of the urine test results and seeks its exclusion. He claims that the mandatory drug test under R.A No. 9165 is a violation of the accused’s right to privacy and right against self-incrimination.
Are PO1 Adrian’s contentions correct? (2.5%)
Amoroso was charged with treason before a military court martial. He was acquitted.
He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy,
The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a “competent court”.
Should the Regional Trial Court grant Amoroso’s motion to quash on the ground of double jeopardy? (2.5%)
Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleded that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water system on the property donated, and to build an office building and parking lot thereon, which should have been constructed and made ready for occupancy on or before the date fixed in the deed of donation.
The Republic invoked state immunity and moved for the dismissal of the case on the ground that it had not consented to be sued. Should the Repulic’s motion be granted? (2.5%)
XVI
Five foreign nationals arrived at NAIA from Hongkong. After retrieving their check-in luggage, they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to place their luggage on the examiner’s table for inspection.
The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the clothes inside the foreigners’ bags. The examiner discovered white crystaline substance inside the boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the names of the foreigner one by one and ordered them to sign their names on the masking tapes placed on the boxes recovered from their respective bags. The contents of the boxes were thereafter subjected to tests which confirmed that the substance was shabu.
Can the shabu found inside the boxes be admitted in evidence against the five foreigners from the charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of 2002? (2.5%)
XVII
The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said, “Opo”.
Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter opened the door of the room to let the public and media representatives witness Ariston’s confession. In the presence of the Mayor, the police and the media., and in response to questions asked by some members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.
Which of theses extrajudicial confessions, if any, would you consider as admissible in evidence againsts Ariston? (5%)
XVIII
Two police teams monitored the payment of ransom in a kidnapping case. The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City.
The first police team, stationed in an area near where the car was parked, witnessed the retrieval by the kidnapperes of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and proceeded towards the direction of Amorsolo St. in Makati City where the second police team was waiting.
Upon confirmation by the radio report from the first police team that the kidnappers were heading towards their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it when it slowed down. The members of the second police team approached the vehicle and proceeded to arrest the kidnappers.
Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)
XIX
President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo’s Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately.
(a) Is Anna Maria’s assumption as Vice President valid? (2.5%)
(b) Can Anastasia run as President in the next election? (2.5%)
XX
Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADB) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts.
Andreas was caught importing illegal drugs into the country as part of his “personal effects” and was thus charged with violations of Comprehensive Dangerous Act of 2002. Before the criminal proceedings could commence, the President had him deported as an undesirable alien. Aristotle was charged with grave oral defamation for uttering defamatory words against a colleague at work. In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine Government and the ADB, the bank’s officers and staff are immune from legal processes with respect to acts performed by them in their official capacity.
(a) Can the President’s act of deporting an undesirable alien be subject to judicial review? (2.5%)
(b) Is Aristotle’s claim of diplomatic immunity proper? (2.5%)
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