1. Santos Hauling Incorporated (SHI) dismissed its drivers and helpers after discovering that they were committing anomalous transactions involving the sale of excess broilers and crates, without the knowledge and consent of SHI. The drivers and helpers filed a complaint for illegal dismissal against SHI. In its defense, SHI presented as evidence the affidavits of co-employees narrating the alleged anomalous transactions in detail. May the drivers and helpers be dismissed on the bases of these affidavits? Explain your answer.
2. Mara met Ange, Louise, and Sam at a coffee shop one afternoon. Maria promised she could send the three of them to work as bartenders in Scotland in exchange for P100,000 each. Ange, Louise, and Sam immediately agreed and gave the money to Maria. Upon receipt of the placement fees, Maria used the money to buy a luxury bag and posted it on her Instagram page. Ange, Louise, and Sam followed up on their employment in Scotland, but Maria stopped replying to them. After six months of waiting, Ange, Louise, and Sam filed a complaint for Illegal Recruitment in Large Scale against Maria. During Trial, Ange, Louise, and Sam testified and presented a certification from the Department of Migrant Workers stating that Maria was neither licensed nor authorized to recruit people for employment. On the other hand, Maria claimed that she was not the one who recruited them but a certain Rashid, the president of the placement agency where Maria supposedly worked. Is Maria guilty of Illegal Recruitment in Large Scale? Explain.
3. Lipad Pinoy (LP), a licensed local recruitment agency, deployed Mutya for its principal, Alab Construction (AC), for a two-year project in Dubai. Mutya had been on the job for one year when, for unknown reasons, AC and LP terminated their agency agreement. Thereafter, AC failed to pay the salary of Mutya. Upon her return to the Philippines, Mutya sued both LP and AC for unpaid salaries and damages. May LP be held liable together with AC? Explain.
4. Bangko Norte (BN) implemented an “Exogamy Policy”, which prohibits employees from marrying their co-employees. Specifically, the policy states that when two of its employees marry each other, one of them must sever his or her employment immediately. Clara, who was fired as an account specialist, married her co-worker Ibarra, a loan specialist. Subsequently, BN terminated the employment of Clara but retained Ibarra. Clara argued that the policy should not apply to her since she was employed prior to its effectivity, and that said policy violates the Labor Code. She also pointed out that BN did not explain why it was her, and not Ibarra, whose employment was terminated. Since BN refused to reinstate her, Clara filed a complaint for illegal dismissal. Will the complaint of Clara prosper? Discuss
5. In computing the 13th month pay of its employees, Liwayway Company (LC) includes as basis not only the regular base pay but also the cash value of unused vacation and sick leaves. LC had been implementing this method for two years when it suddenly announced that the method was erroneous and would therefore be discontinued. May LC lawfully discontinue using this method? Explain.
6. Roman, an employee of Baltazar Company (BC), was reported to have fallen asleep during work hours and that he smelled of marijuana. BC coordinated with Bibo Health Clinic, a facility accredited by the Department of Health, to conduct random drug testing on its employees. Roman tested positive during both the screening and confirmatory tests. BC asked Roman to explain why he should not be sanctioned and dismissed. Roman denied that he used drugs and claimed that a colleague who bore a grudge merely framed him. Unsatisfied with his explanation, BC sent Roman a notice of termination. Was the dismissal of Roman valid? Explain briefly.
7. Arnel, a 55-year-old seafarer who worked on board different foreign vessels, went to the office of the Social Security System (SSS) to avail of his retirement benefits. However, he found out that his contribution had not been paid by his principal employer, Pancho Lines (PL). When Arnel demanded an explanation from PL, the latter replied that it was not obligated to cover his SSS membership since he was hired abroad and covered by another insurance provider. Is PL correct? Discuss your answer.
8. Araro Federation applied for registration as a federation in the agricultural sector. It has under its membership a mix of five rank-and-file unions and five supervisory unions. One of the rank-and-file unions and one of the supervisory unions both belong to the same establishment, Ani Corporation (AC). AC opposed the application for registration citing the legal prohibition against the commingling of rank-and-file and supervisory employees. Is the opposition of AC meritorious? Explain briefly.
9. Lazara Corporation (LC) and Lazara Employees Union (LEU) forged a collective bargaining agreement (CBA). During the freedom period, a certification election was conducted where LEU lost to Samahan ng Manggagawa sa Lazara (SML), a rival union in the same establishment. SML then sent a letter to LC demanding for renegotiation of the existing CBA. LC refused to renegotiate the CBA claiming its validity for two more years. SML filed a notice of strike against LC on the ground of Unfair Labor Practice for the alleged refusal of the latter to comply with its duty to bargain collectively. Is the notice to strike meritorious? Explain briefly.
10. Adarna Manufacturing Company (AMC) and Adarna Employees Union (AEU) entered into collective bargaining negotiations but reached an impasse. AEU then filed a notice of strike before the National Conciliation and Mediation Board, which immediately conducted conciliation meetings to avert the strike. Fifteen days after the filing of the notice, and despite the conciliation proceedings. AEU staged a strike with the participation of 50% of its members. Is the strike legal? Briefly explain.
11. In 2011, Amer and Raj worked as welders on board the barges of Magiting Shipping Company (MSC), which later changed its corporate name to Perlas Corporation (PC). In 2018, PC verbally dismissed Amer and Raj from employment. Thus, they jointly filed a complaint for illegal dismissal against PC, which countered that it already had a separate and distinct personality from MSC. It also alleged that both complainants were not its regular employees as they were merely helpers brought in by its own regular employees on certain occasions when urgent repairs were required for its barges. The Labor Arbiter (LA) held that there was an employer-employee relationship between the parties based on on Article 295 [280] of the Labor Code since Amer and Raj: 1) were engaged to perform activities which are usually necessary or desirable in the usual business or trade of PC; and 2) have rendered at least one year of service. Was the LA correct in using Article 295 [280] as the basis? Explain briefly.
12. On May 15, 2022, Marina International Shipping (MIS) hired Felipe as a bosun on board its vessel for a period of nine months. On July 30, 2022, Felipe joined his vessel of assignment. On October 31, 2022, he was repatriated due to medical reasons and was immediately referred by MIS to its company-designated physician for treatment and monitoring. On May 31, 2023, the company-designated physician pronounced Felipe fit to resume sea duties. Is MIS obligated to rehire Felipe? Explain briefly.
13. Sampaguita University (SU) hired Farah as Instructor I in the College of Education on a contractual or part-time basis beginning the first semester of school year 2015-2016. In 2018, SU appointed Farah as Instructor II. SU informed her that she will attain regular status on the condition that she obtain a master’s degree by May 31, 2022, otherwise, her employment will either be terminated or considered as contractual or part-time. When Farah failed to secure the required educational qualification within the allotted time, SU classified her as a part time-time faculty effective June 1, 2022. On April 30, 2023, SU notified Farah that they will no longer be renewing or extending her contract as part-time faculty upon its expiration. Farah thus filed a complaint for illegal dismissal. Will her complaint prosper? Discuss your answer.
14. Eduardo owns a licensed company that supplies janitorial and messengerial aides to various businesses, including Gloria Restaurant (GR). The tools and supplies used by the janitors and messengers are supplied by the clients who also train the workers and monitor their performance. Their minimum wages are paid by the clients through Eduardo. After two years of working in GR, the janitors and messengers joined the union there to receive the same benefits as the directly hired employees of GR. Can the janitors and messengers legally join the union? Discuss.
15. Ulan Airlines (UA) hired Salve as a cabin crew in 2010. Due to her hard work and spotless service record, she was eventually promoted to senior purser, a position imbued with trust and confidence. In 2023, after a flight from Sydney to Manila, management received a report that Salve and other cabin crew alighted from the aircraft with two cups of instant noodles and a can of soda, which were part of the in-flight provisions for passengers. The items were confiscated and the cabin crew were required to explain why those items were in their possession. In her written explanation, Salve claimed that the cups of instant noodles were purchased with her own money and that it was another flight attendant who admitted to taking the can of soda. After investigation, UA still terminated her employment on the grounds of serious misconduct and loss of trust and confidence. Was Salve validly dismissed? Discuss briefly.
16. Rajah Management (RM), the authorized local placement agency of Sultan Group (SG), posted a job listing for project manager based in Qatar. Silang applied for the position. After RM forwarded the documents of Silang to SG for the processing of her work visa, SG sent a tourist visa notice instead of a work visa. Six months into her two-year contract, Silang was repatriated by SG with instructions to apply anew for deployment under a work visa. RM directed Silang to undergo a pre-employment medical examination. When it was discovered that she has uncontrolled diabetes, SG terminated her employment. Thus, Silang filed a complaint for illegal dismissal against SG and RM. SG argued that the disease of Silang was a valid cause for dismissal. Is the contention of SG correct? Discuss.
17. University of San Lazaro (USL) hired Dolores to work as a credit and collection officer in its accounting department. Based on its audit reports, USL found several anomalous transactions within the accounting department, resulting in a shortage of P2 million. Dolores went on leave during the audit, but later tendered her resignation. After its investigation USL terminated the employment of Dolores and filed a criminal case against her. Dolores subsequently filed a complaint for illegal dismissal against USL, which claimed that Dolores had voluntarily resigned. Will the complaint of Dolores prosper? Explain.
18. In 2012, Magbanua Hotel (MH) hired Josefa and assigned her to the food and beverage department. For six consecutive years, Josefa worked five days a week. However, in 2018, MH, suddenly and without explanation, reduced the regular workdays of Josefa to two days per week, resulting in the reduction of her take-home pay. Josefa this filed a complaint for constructive dismissal. In belying her claim, MH insisted that there could be no constructive dismissal because Josefa still continued reporting for work even during the pendency of the case. Was Josefa constructively dismissed? Decide with reasons.
19. Consolacion in a Hong Kong-based, Filipino flight attendant of Hiroshi Airlines (HA), a Japanese airline licensed to do business in the Philippines. She was dismissed from employment as she was accused of stealing wine bottles and cheese from the Melbourne-bound aircraft of HA. Consolacion then instituted a complaint for illegal dismissal and money claims against HA with the Labor Arbiter (LA). In its defense, HA asserted that the LA had no jurisdiction to hear the dispute as the incident occurred in a foreign jurisdiction and involved a foreign entity. Does the LA have jurisdiction over the case? Explain.
20. The employees of Bonifacio Memorial Hospital (BMH), who are union officers and members of BMH Nurses Association, stated a strike to protest the failure of BMH to provide them with adequate personal protective equipment and sufficient hazard pay. What legal remedy can BMH avail of to immediately enjoin the strike as well as ensure the proper protection of the life and health of its patients? Explain your answer.
I
Noel is the son of spouses Marie and Benedict. Benedict has passed away. For Noel’s 7th birthday, his paternal grandparents offered to organize and pay for this birthday party. In coordination with Marie, the grandparents booked the party venue, signed the contracts with the caterer and the entertainers, finalized the guest list, and paid all amounts due. Marie promised them to bring Noel to the party.
A week before the scheduled birthday party, Marie decided that she would not bring Noel to the party, and that she would instead take him out on an out-of-town trip on the day of the party. Marie could not forget that her parents-in-law initially opposed Benedict’s marriage to her because she was a farmer burlesque dancer.
Marie did not notify the grandparents of her plan to skip the birthday party. During the party, the grandparents kept trying to get in touch with her but she ignored all their calls. The grandparents and the guests who went to the party were very dismayed that Noel was not present. When the grandparents asked Marie why she did not bring Noel to the party, she simply replied, “I am his mother, and I decide where he goes!” To which, Noel’s grandmother reported, “Anak mo lang s’ya! Hindi mo s’ya pag-aari!”
The grandparents seek your advice on whether there is legal basis to Marie liable for the damages that they have suffered as a result of her acts.
What is your advice? Explain briefly.
II
Razna and Junsi got married in 2015 and were blessed with two children, Zarah and Mica. In 2020, because of the COVID-19 pandemic, the entire family had to spend 24 hours together everyday in their small house. Razna observed that although Junsi continued to work from home to support the family, he began to exhibit paranoia, and constantly kept making sure that they always washed their hands and rubbed them with alcohol ten times before eating. Junsi also always wore face mask, faceshield and hazmat in the house, except when he was alone in the room Junsi began sleeping separately from Razna and their children. he believed that other people who wanted to meet him in person were actively trying to harm him by exposing him to virus.
In early 2022, Razna filed a petition for declaration of nulity of her marriage with Junsi on the ground of psychicological incapacity under Article 36 of the Family Code citing his atypical behavior. She presented her testimony of a doctor, who proven that Junsi was suffering from psychotic paranoia due to intense stress, which accounted for his belief in things that are not real.
Should Razna’s petition be granted? Explain briefly.
III
Before they married in 2000, Nonoy and Daday signed a marriage settlement wherein they agreed that they agreed that their property relations as husband and wife would be governed by the conjugal partnership of gains. While the marriage was subsisting, they acquired a parcel of land using conjugal funds. The Register of Deeds issued a transfer certificate of title over the said land in the name of “Nonoy, married to Daday”
Nonoy sold the parcel of land to Barby without Daday’s consent. Daday was not aware of the sale and did not sign the contract of sale. A year after Nonoy and Barby signed the contract of sale to Barby, Daday died. When the children of Nonoy and daday learned about the sale to barby the questioned its validity since Daday had not consented to the sale. Nonoy’s position is that Daday consent was not required because the property was registered in his name.
Is the sale to Barby valid? Explain briefly.
IV
[This item has two questions.] In 2013, Agaton, then 70 years old, executed a will wherein he bequeathed his entire estate to his acknowledged illegitimate son Karl. Agaton entrused the original copy of the 2013 will to Karl. In 2014, Karl joined a group of mercenaries to fight in Crimea alongside the Russians. After Russia’s annexation of Crimea, Karl did not return to the Philippines and was never heard of. Five years later, in 2019, agaton executed a codicil which [rovided the following: “Because of the death of Karl, I revoke my 2013 will. I hereby recognize Gian as my otther illegitimae son, and hereby bequeath to him my entire estate,” Agaton died in 2020.
During the probate of Agaton’s 2019 codicil, Karl appeared in court, presented the 2013 will, cintested the vailidity of its revocation, oposed the propbae of the 2019 codicil and sought the probate of the 2013 will. Both the 2013 will and the 2019 codicil were immaculate as form.
(a) did the 2019 codicil revoke the 2013 will? Explain briefly.
(b) Distribute he estate of Agaton. Explain briefly.
V
Joey was the legitimate son of Ron and May. Joey died intestate and was survived by his wife Kathy and their two legitimate children, Luis and Clarisse. Several months after Joey died, Ron also died intestate. Ron was survived by his wife May, daughter Mercy (full-sibling of joey), and the children of Joey (Luis adn Clarisse).
Distribute the estate of Ron. Explain briefly.
VI
[This item has two questions.] Jungkook, who owns a building, leases the same to Gel with the following term: (i) the leases is for a period of ten years; (ii) the yearly rental is Php1,200,000.00 payable within the first ten-days of the current year; and (iii) in case of breach of any of the provisions of the lease, Gel is liable to pay Jungkook five monhs of rentals and attorney’s fees. Five years in to the lease, Gel sends a notice to terminate the lease and offer to pay five monthly rentals. Despite Jungkook’s objections, Gel vacates the premises. Jungkook sues Gel for the rentals due for the remaining five years of the lease. Gel takes the position that her liability should only be limited to five monthly rentals and attorney’s fees.
(a) Is there a penalty clause in the lease agreement? Explain briefly.
(b) As between Jungkook and Gel, who is correct? Explain briefly.
VII
Brenda saw the online advertisementof Evelyn, who sells limited edition sneakers, Through an exchange of text messages, evelyn and Brenda agreed that: (i) Evelyn will sell to Brenda a pair of a brand new sneakers for Php 25,000.00; (ii) Brenda will deposit the purchase price in Evelyn’s bank account; and (iii) Evelyn will deliver the sneakers within ten days from deposit. Brenda deposited the purchase price and Evelyn acknowledged receipt thereof.
Before the delivery of the sneakers, Evelyn received an offer from Rosela to buy the same sneakers for Php 35,000.00. evelyn candidly tells Brenda that she is selling the sneakers at a higher price to another buyer, and sends this text message to Brenda: “Sizt, may iba na pala akongg buyer na mas malaki yung offer, sorry! Balik ko nalang bayad mo, Keri?” Evelyn claims that since the sneakers have not yet been delivered to Brenda, she can still withdraw the offer.
Is Evelyn’s contention tenable? Explain briefly.
VIII
In 2017, Alma orally sold a parcel of unregistered land to the spouse of Ray and shane for Php 500.000.00. Upon receipt of the initial payment of Php 350,000.00, Alma delivered possession of the land to the spuse. Shortly thereafter, Alma died. In order to formalize the sale, Ray and Shane convinced Josie, one of Alma’s children, to sign a notarized deed of confirmation of sale. In consideration thereof, josie received Php 150,000.00 representing the balance of the purchase price. On the strength of the notarized confirmation of sale, the spouses were able to transfer the tax declaration of the property in their names. Later, Josie died.
In 2020, the surviving children of alma discovered the oral sale of the land to Ray and Shane. They demanded the return of the propertyon the following grounds: (i) the oral contract of sale is void because it does not appear in a public instrument; and (ii) assuming the sale is not void, it is unforceable under the statute of Frauds. Ray and Shane insisted that the sale of the land to them was both valid and enforceable.
Are the contentions of the heirs of Alma tenable? Explain briefly.
IX
Aida, for the consideration of Php. 5,000,000.00 sold her parcel of land to Lorna, as evidenced by a notarized Deed of sale. Lorna, however, failed to deliver the amount in full, paying only Php 500,000.00 as down payment. because of the non-paayment of the balance, Aida simply sold the same parcel of land to Fe with the intention of returning to Lorna the Php 500,000.00 down payment.
Who among Aida, Lorna and Fe owns the property? Explain briefly.
X
Laica and Jessica, who are best friends, are both engaged in money lending at predatory interest rates. Running out of funds, laica borrows Php 2,000,000.00 from Jessica for two months at a monthly interest rate of 10% Jessica releases the borrowed amount after Laica signs a promissory note. Laica then relends to Monica the borrowed amount of Php 2,000,000.00 from jessica for two months at an interest rate of 30%. After two months, Laica fails to pay Jessica, prompting Jessicca to file a collection suit against the former, for the Php 2,000,000.00 principal and 10% interest per month pursuant to their agreement. Laica counters that the monthly interest rate of 10% is exorbitant and should be reduced to the legal rate of interest at 6% per annum.
Which between the position of Laica and Jessica is tenable? Explain briefly.
XI
Leon is the owner of a condominium unit located directly above the condominium unit located directly above the condominium unit owned by Anj. In 2014, Leon undertook renovation in his unit’s bathroom, which caused water to leak from bathroom down to Anj’s unit, and caused extensive damage to Anj’s belongings. As Anj had obtained property insurance on her unit and its contents from Proverbial Insurance Co. (PIC), Anj was able to recover the value of the damage in September 2016.
In October 2022, PIC, as subrigee of Anj, sued Leon to recover the insurance proceeds it paid to Anj. Leon interposed a prescription to dismiss the suit of PIC. PIC counters that the payment of the insurance proceeds in 2016 created, by way of legal subrogation, a 10-years period within which to file the suit against Leon.
Is PIC correct? Explain briefly.
XII
Gio, single, joined a marathon organized by Takbo Co. For lack of alternative routes, the marathon course included a public road which was not blocked-off from vehicles. Takbo Co. Solicited the sponsorship of Kotse Corp. for added financial support. Gio was hit by a jeepney driven by JD on the public road and died. The parents of GIO sued Takbo Co. for damages. The court ruled that Kotse Corp. is solidarily liable for damages with Takbo Co. for being one of the principal movers of the event due to itws sponsorship.
Is the court correct? Explain briefly.
XIII
Eka, a Filipina, and Du-gil, a Korean married in the Philippines. hereafter, they moved to Seoul, South korea. While there Du-guil began to ignore Eka. He was always out with his friends and usually came hone drunk. When Eka could not take their marital situation anymore, she aked for a divorce. Du-guil agreed on the condition that Eka would be the one to file for divorce, and that the ground should be “no fault”, meaning, neither of them is at fault or neither would be accused of any wrongdoing. After the divorce, Eka went back to the Philippines and filed a case to have the judgement of divorce recognized. The Regional Trial Court (RTC) denied Eka’s petition because she alone filed for divorce, in violation of the second paragraph of Article 26 of the Family Code. According to the RTC, Article 26 requires that either the foreign spouse alone initiates the filing of the divorce or, at the very least, Eka and Du-guil should have filed for divorce jointly.
Is the RTC correct? Explain briefly.
XIV
During Remy’s pregnancy, her father gavin executed a will bequeathing his rest house in Calatagan, Batangas to Remy’s unborn child. While Gavin and Remy, who was then seven months pregnant, were on their way to Calatagan, they figured in a car accident on December 1, 2021 which resulted in the instantaneaous death of Gavin and the premature delivery of Remy on the same day. At 8:30 a.m. on December 3, 2021, the newborn baby died.
Is the devise in favor of the baby valid? Explain briefly.
XV
[This item has two questions] Miguel, who died single and childless, was survived by his two legitimate brothers Romy and Rolly, and his nephews Armo and Pabs, the legitimate brother Edgar. Before his death, Miguel executed a one-page notarial will, inclusive of an attestation clause and a notarial acknowledgement, with only one testamentary disposition bequeathing his entire estate to Romy and Rolly. The will was not paginated and was attested by four witnesses: Uno, Dos, Tres, and quatro. It was the eve of Quatro’s 17th birthdaywhen the will was executed. The will was written in the Ilocano dialect which Miguel knew aqnd udnerstood, but the witnesses did not. Miguel and the witnesses signed at the end of the testamentary disposition. The atestation was also written in the Ilocano dialect which, when translated to English language, reads as follows:
“This will of Miguel was written in One page. we, the attesting witnesses, signed at the end of the will and at the bottom of this attestation in the presence of Miguel and of each of us.”
Each of the four witnesses signed below the attestation clause. Because none of the witnesses knew and understood the Ilocano dialect, the attestation was interpreted to them by Miguel’s lawyer who was present to notarize the will.
(a) Does the fact that the will was written in a dialect known only to Miguel invalidate the will? What about the absence of the marginal signature of the testator and the witnesses? Explain briefly.
(b) May the will nonetheless be admitted to probate? Explain briefly.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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