2023 BAR EXAMINATIONS Remedial Law

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1. Rafaelle Beatrice filed an action for recovery of the sum of P2.5 million against Tess in the Regional Trial Court (RTC ) of Taguig City. Attached to the complaint was the promissory note, the check issued by Rafaelle Beatrice to Tess covering said amount, and a copy of the withdrawal slip of Tess from Banco de Otso-Rockwell Branch, Makati City. In her answer, Tess raised as her compulsory counterclaim the recovery of her attorney’s fees in the amount of P500,000 arising from the case, and a permissive counterclaim against Rafaelle Beatrice for rescission of a contract of sale involving an Arturo Luz painting valued at P2 million. Tess paid the filing fees of her permissive counterclaim. Are the counterclaims within the jurisdiction of RTC of Taguig City? Discuss your answer.
   
2. Trinca borrowed P1.5 million from Ida. Trinca executed a promissory note promising to pay Ida in three equal monthly installments. When Trinca failed to pay her obligation, Ida filed an action for recovery of a sum of money against her in the Metropolitan Trial Court of Pasay City. The case was raffled to Judge Risa, who upon reading the complaint, noticed that Trinca and Ida were neighbors in Barangay 189 in Pasay City and that there was no prior referral if the case for barangay reconciliation. Hence, Judge Risa dismissed the case motu proprio for failure to comply with a condition precedent. Was the dismissal by Judge Risa proper? Explain your answer.
   
3. Pauline and Regine has a dispute over a 500-square meter parcel of land that they inherited from their deceased parents, Milcah and James. During the barangay reconciliation proceedings, both Pauline and Regine agreed to partition the lot in equal shares. As a result, the title to the property was cancelled and new titles were issued in favour of Pauline and Regine as to their respective lots. However, Regina discovered that the lot covered by her title was on the eastern portion rather than the northern portion, contrary to their agreement. Hence, Regine filed a “Petition for Annulment of Transfer Certificate of Title (TCT) and Barangay Partition, with Prayer for Judicial Partition of the Interstate Estate of the Spouses Milcah and Janes” against Pauline. After trial, the court rendered judgement in favour of Regine. Pauline then consulted a newly-minted lawyer, Atty. Terry, who explained to her that there was a misjoinder of causes of action instead when Regine included both annulment of TCT and the barangay partition, as well as judicial partition in the petition. Hence, the trial court erred when it ruled on both causes of action instead of dismissing the petition of Regine. Is Atty. Terry correct? Explain.
   
4. Hannah Corporation (HC) is the registered owner of a parcel of land in Kapitolyo, Pasig City, Saint Aaron School (SAS), occupied said lot by mere tolerance since 1992 until December 2018. HC informed SAS that beginning January 1, 2019, it eill be charging P100,000 per month for the use and occupation of the property. SAS refused to pay the monthly rentals prompting HC to issue a demand letter for the payment of the amount of P4.8 million, representing the unpaid rentals from January 2019 to December 2022. SAS failed to heed the demand of HC. Hence, HC, which holds business in Quezon City, filed a complaint for collection of a sum of money against SAS in the Regional Trial Court (RTC) of Quezon City. SAS filed a motion to dismiss on the ground of forum shopping since HC had also filed an ejectment case against it before the Metropolitan Trial Court of Pasig City. Should the RTC grant the motion to dismiss on the ground of forum shopping? Explain your answer.
   
5. Anjan and Pam were married in 1996. However, in November 2003, Pam left for the United States (US) due to her alleged irreconcilable differences with Anjan filed a petition for the declaration of nullity if his marriage with Pam before the Regional Trial Court (RTC) of Makati, where he resides. Subsequently, Anjan filed a motion for issuance of summons by publication because Pam already resided abroad. The RTC issued an Order dated August 27, 2020 granting the motion and directed the summons to be served upon Pam by publication in a newspaper of general circulation in the US. However, the copies of the order, summons, and complaint were not served at her last known address. Meanwhile, no answer was filed by Pam. Thus, the RTC rendered a decision granting the petition, which eventually became final and executor. Was the August 27, 2020 Order of the RTC proper? Explain your answer.
   
6. Clarisse and Myra offered Gaita a job as a domestic helper in Indonesia. Clarrise gave Gaita her plane ticket and luggage to bring on her trip. Upon reaching the airport of Yogtakarta, Indonesia, she was apprehended by the police for allegedly carrying two kilograms of heroin inside her luggage. She was then charged before the Indonesian courts with drug trafficking, and subsequently convicted and sentenced to death by firing squad. Meanwhile, in the Philippines, Clarisse and Myra. Hence, the People of the Philippines, through the Office of the Solicitor General (OSG), filed a motion to take the testimony of Gaita upon written interrogatories under Rule 23 (Disposition Pending Action) of the Rules of Court. The RTC granted the motion of the OSG. Was the action of the RTC proper? Discuss your answer.
   
7. Kyna, a resident of Antipolo City, is the registered owner of a house and lot located in Tondo, Manila with an assessed value of P900,000. Kyna claimed that she allowed Sarah, her sister-in-law, to stay in the house of compassion. Years later, Kyna decided to distribute the property to her children, so she demanded that Sarah to vacate the premises. However, Sarah ignored the demand. She even filed a case against Kyna questioning her ownership of the property and contending that she obtained title over the property through fraud, deceit, and falsification. On August 23, 2023, before Kyna leaves and temporarily stays in the United States. If you are the counsel of Kyna, what action will you file, where, and in what court? Explain briefly.
   
8. In 20214, Karina filed before the Regional Trial Court a petition for change of name under Rule 103 of the Rules of Court to change her first name, include her middle name, and correct the spelling of her surname, from “Karen Lapus”, as stated in her birth certificate, to “Karina Garcia Laouz”. According to Karina, she has been using nale “Karina Garcia Lapuz” since childhood. Will the petition of Karina prosper? Explain your answer.
   
9. William and several other persons were charged with violation of the Anti-Hazing Act. During the arraignment, William and his co-accused pleaded not guilty to the charge that they unlawfully subjected Carding Cruz to hazing. The information was later amended by adding the suffix “III” to the name “Carding Cruz“. Trial ensured without the accused were convicted by the trial court, William appealed contending that his right to be informed of the nature and cause of the accusation against him violated when he was not re-arraigned on the amended information. After the accused were convicted by the trial court, William appealed on the contending that his right to be informed of the nature and cause of the accusation against him was violated when he was not re-arraigned after the amendment of the information. Is William correct? Discuss.
   
10. Angel was charged with Murder before the Regional Trial Court (RTC). After trial, the court convicted her of Homicide due to the absence of the qualifying circumstance of treachery. She then filed a notice of appeal and applied for bail with the RTC before the transmittal of the records to the Court of Appeals. The prosecution opposed the application, contending that the RTC has no jurisdiction to act on the application for bail. The RTC granted the application for bail on the ground that the prosecution failed to prove the five bail-negating circumstances. Did the RTC have jurisdiction to act on the application for bail filed by Angel? Discuss your answer.
    
11. On October 18, 2021, a warrant of arrest was issued against Erica. at 11:00 p.m. on October 30, 2021, police officers arrested Erica at her house pursuant to the arrest warrant. Before arraignment, Erica moved to quash the information on the grounds that the warrant was served at nighttime and beyond ten days from its issuance. Is the position of Erica tenable? Explain.
    
12. An information for Corruption of Public Officials was filed against Bel, Assistant City Prosecutor Chi, the investigating prosecutor, certified in the information that the same was filed with the prior authority of Jill, the City Prosecutor. After the presentation of evidence by both parties, the trial court motu proprio dismissed the case on the ground that Chi does not have the authority to prosecute the case because the information does not bear the signature of Jill or any other indication is a jurisdictional defect that cannot be cured. Is the trial court correct? Explain.
    
13. Raisa Filed a case for support against Ton on behalf of their 9-year-old daughter, Rox. During trial, Roz was presented as a witness. The counsel of Ton invoked the rule on the incompetence of Rox to testify against her gather given her tender age. The trial court allowed Rox to testify. Is the trial court correct? Explain briefly.
    
14. In a criminal case for Murder filed against Ericka, the prosecution presented Chelle as an eyewitness to the killing of Ly. Chelle testified that while the three of them were on board a boat, Erika shot Ly with a .45 caliber pistol and threw both the gun and the body of Ly into the sea. Efforts to retrieve the gun and the body of Ly were unsuccessful. Evidence was likewise introduced to prove that Ly was thrown in a shark-infested area. Ericka consulted her nephew, Ted, a recent law school graduate who is reviewing for the Bar examinations. Confident of an acquittal, Ted recommended that Ericka file a demurrer to evidence because: 1) there is no corpus delicti due to the failure to recover the gun and the body of Ly; and 2) the prosecution failed to prove that Ericka fired the gun die to the lack of paraffin test. Is Ted correct? Discuss.
    
15. While relaxing one Sunday afternoon, Kesh suddenly felt sick. While she was on the verge of losing consciousness, Kesh called for the Reober, her personal nurse, who was told: “Call Dr, Nancy forthwith!” Robert asked Kesh about what happened and Kesh further relayed: “I’m probably going to meet my Creator! I ate the instant noodles prepared by my husband last night and I think he put poison in it!” The following day, Kesh passed away. The certificate of death issued by the medico-legal officer who conducted the autopsy reflected the cause of her death as an aneurysm or rupture of a blood-vessel. Later, the husband of Kesh was prosecuted for murder. During trial and from the medico-legal certificate, the prosecution also offered in evidence the testimony of Robert to prove the utterance of Kesh. Is the statement of Kesh admissible as a dying declaration? Explain.
    
16. Vangie filed an action for compulsory recognition with prayer for support against Jay, her putative father, During trial, she presented and identified the following documents on the witness stand: 1) the birth certificate of Vangie reflecting Hay as the father of Vangie per the information supplied by the mother of Vangie was enrolled, which attested that Jay is the father of Vangie and that he regularly supports her education. Rule on the admissibility and sufficiency of the documents as evidence of acts or declarations about pedigree. Explain briefly.
    
17. The Supreme Court suspended Atty. Irish for one year in an administrative case filed against her for Gross Misconduct. During the effectivity of her suspension, Janet appointed her as attorney-in-fact in an execution sale arising from a civil case that she previously handled. At the execution sale, Atty. Irish during the execution sale because of her suspension. Atty. Irish argued that she was merely acting as an attorney-in-fact of Janet, which was not tantamount to the practice of law. Do you agree with Atty. Irish? Explain your answer.
    
18. Kiko engaged the services of Atty. Benito for an ejectment case against illegal settlers occupying his property in Caloocan City. After one of their hearings, Kiko hurriedly walked to his car. When Atty. Benito asked him where he was headed, Kiko responded, “Uwi na ko, Attorney! Galit si misis kasi nakalimutan ko anniversary namin.” At that time, the marriage of Kiko was on the rocks. Kiko eventually won the ejectment case against the illegal settlers, which also marked the termination of his relationship agreement with Atty. Benito. A few months later, Kiko received summons in a petition for declaration of nullity of marriage filed by his wife, Nena, through her counsel, Atty. Benito, who signed the petition. Is Atty. Benito guilty of representing conflicting interests? Explain.
    
19. Romy filed an administrative complaint against Jusge Ferdie with the Office of the Ombudsman in relation to the Bribery he allegedly committed as a Presiding Judge of a Regional Trial Court. After Investigation, the Ombudsman found him guilty of Grave Misconduct and imposed the penalty of dismissal form service. May the Ombudsman dismiss Judge Ferdie? Explain.
    
20. Edsel A. Flores, a resident of Bacoor City, Cavite, sold to Joel R. Vargas, a resident of Binondo, Manila, a parcel of land located in Bacoor City, Cavite. The parcel of land had an area of 500 square meters, and was covered by a clean Original Certificate of Title No. 1234567 issued by the Registry of Deeds of Cavite. The purchase price amounts to P8 million. The parties agreed that he seller shall bear the capital gains tax, real estate tax, and documentary stamp tax, while the buyer shall bear the rest of the expenses. Prepare a notarized deed of absolute sale.

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.

I

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.

II

[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.

1. Is Rudy correct? Explain briefly.

• Assuming Krys is entitled to overtime pay, how much will he get as overtime pay if his daily wage is Php 640,00? Explain briefly.

III

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.

IV

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.

V

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.

VI

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.

VII

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.

VIII

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.

IX

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.

X

[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.

1. Can Joy be placed on preventive suspension pending administrative investigation? If so, for what maximum period? Explain briefly.

• If Joy is placed on preventive suspension, is she entitled to receive her wages and other benefits during the period? Explain briefly.

XI

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 )

XII

Discuss and differentiate between the procedural requirements in termination of employment for (i) just and (ii) authorized causes. Explain briefly.

I

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.

II

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

III

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.

IV

[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.

• Did the action of the police constitute a violation of the group’s constitutional right to peacefully assemble? Explain briefly.

• Would your answer be the same if the rally was held at a freedom park? Explain briefly.

V

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.

VI

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.

VII

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.

VIII

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.

IX

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.

X

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.

XI

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.

XII

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

XIII

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.

XV

[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.

• Is PMC liable for the assessed RPT over the leased properties? Explain briefly.

• Supposing PMC is correct that it is not liable for RPT, may the city assessor assess the lessees for the RPT due on PMC’s leased properties? Explain briefly.