MERCANTILE LAW

(2016 Bar Exam Q & A) SUGGESTED ANSWER:

I. No. What governs insurance contract is the cognition theory

whereby the insurance contract is perfected only from the time the
What does doing business in the Philippines under the Foreign applicant came to know of the acceptance of the offer by the insurer. In
Investment Act of 1991 mean? (5%) this case, the loss occurred a day prior to Jason’s knowledge of the
acceptance by Shure of Jason’s application. There being no perfected
SUGGESTED ANSWER: insurance contract, Jason is not entitled to recover from Shure.

The phrase “doing business in the Philippines“ under the Foreign ALTERNATIVE ANSWER:
Investments Act of 1991 include soliciting orders; service contracts;
opening offices, whether called liaison offices or branches; appointing The insurance contract may be deemed perfected allowing
representatives or distributors domiciled in the Philippines or who in any Jason to recover from Shure if there is a binding note or cover receipt
calendar year stay in the country for a period or periods totaling 1802 duly issued by Shure to Jason.
days or more; participating in the management, supervision or control of
any domestic business, firm, entity or corporation in the Philippines; and III.
any other act or acts that imply continuity of commercial dealings or
arrangements, and contemplate to that extent the performance of acts ABC Appliances Corporation (ABC) is a domestic corporation
or works; or the exercise of some of the functions normally incident to engaged in the production and sale of televisions and other appliances.
and in progressive prosecution of commercial gain or of the purpose or YYY Engineers, a Taiwanese company, is the manufacturer of television
object of the business organization; provided that passive equity and other appliances from whom ABC actually purchases appliances.
investment shall not be construed as doing business. From 2000, when ABC started doing business with YYY, it has been
using the mark “TTubes” in the Philippines for the television units that
II. were bought from YYY. In 2015, YYY filed a trademark application for
“ITubes”. Later, ABC also filed its application. Both claim the right over
Jason is the proud owner of a newly-built house worth P5 Million. the trademark “TTubes” for television products. YYY relies on the
As a protection against any possible loss or damage to his house, Jason principle of “first to file” while ABC involves the “doctrine of prior use”
applied for a fire insurance policy thereon with Shure Insurance
Corporation (Shure) on October 11, 2016 and paid the premium in cash. (A) Does the fact that YYY filed its application ahead of ABC
It took the company a week to approve Jason’s application. On October mean that YYY has the prior right over the trademark? Explain briefly.
18, 2016, Shure mailed the approved policy to Jason which the latter (2.5%).
received five (5) days later, however, Jason’s house had been razed by
fire which transpired a day before his receipt of the approved policy. (B) Does the prior registration also mean a conclusive
Jason filed a written claim, with Shure under the insurance policy. Shure assumption that YYY Engineers is in fact the owner of the trademark
prays for the denial of the claim on the ground that the theory of “TTubes” Briefly explain your answer. (2.5%)
cognition applies to contracts of insurance.

Decide Jason’s claim with reason (5%)

SUGGESTED ANSWER:
V.
(A) No. Since YYY is not the owner of the trademark, it has no
right to apply for registration. Registration of trademark, by itself, is not a MS Brewery Corporation (MS) is a manufacturer and distributor
mode of acquiring ownership. It is the ownership of a trademark that of the popular beer “MS Lite.” It faces stiff competition from BA Brewery
confers the right to register the same (Birkenstock Orthopaedia GMBH Corporation (BA) whose sales of its own beer product, “BA Lighter,” has
v. Philippine Shoe Expo Marketing Corporation, G.R. No. 194307, soared to new heights. Meanwhile, sales of the “MS Lite” decreased
November 20, 2013). considerably. The distribution and marketing personnel of MS later
discovered that BA has stored thousands of empty bottles of “MS Lite”
(B) No. Registration merely creates a prima facie presumption of manufactured by MS in one of its warehouses. MS filed a suit for unfair
the validity of the registration of the registrant’s ownership of the trade competition against BA before the Regional Trial Court (RTC). Finding a
mark and the exclusive right to the use thereof. The presumption of connection between the dwindling sales of MS and the increased sales
ownership accorded to a registrant is rebuttable and must yield to of BA, the RTC rules that BA resorted to acts of unfair competition to the
evidence to the contrary. detriment of MS. Is the RTC correct? Explain. (5%)

IV. SUGGESTED ANSWER:

X’s “MINI-ME” burgers are bestsellers in the country. Its “MINI- The RTC is not correct. Hoarding, or the act of accumulating
ME” Logo, which bears the color blue, is a registered mark and has empty bottles to impede circulation of the bottled product, does not
been so since the year 2010. Y, a competitor of X, has her own burger amount to unfair competition. BA did not fraudulently “pass off ” its
which she named “ME-TOO” and her logo thereon is printed in bluish- product as that of MS Lite. There was no representation or
green. When X sued Y for trademark infringement, the trial court ruled in misrepresentation on the part of BA that would confuse or tend to
favor of the plaintiff by applying the Holistic Test. The court held that Y confuse its goods with those of MS Lite (Coca Cola Bottlers Philippines
infringed on X’s mark since the dissimilarities between the two marks v. GOMEZ, G.R. No. 154491, November 14, 2008).
are too trifling and frivolous such that Y’s “ME-TOO,” when compared to
X’s “MINI-ME,” will likely cause confusion among consumers. VI.

Is the application of the Holistic Test correct? (5%) Nautica Shipping Lines (Nautica) bought a second hand
passenger ship from Japan. It modified the design of the bulkhead of the
SUGGESTED ANSWER: deck of the ship to accommodate more passengers. The ship sunk with
its passengers in Tablas Strait due to heavy rains brought by the
The application of the Holistic Test is not correct. In cases monsoon. The heirs of the passengers sued Nautica for its liability as a
involving burger products, the Supreme Court has consistently applied common carrier based on the reconfiguration of the bulkhead which may
the dominancy test. Under the dominancy test, the focus is on the have compromised the stability of the ship. Nautica raised the defense
dominant feature of the competing trademarks. Big Mak has been held that the monsoon is a fortuitous event and, at most, its liability is
to be confusingly similar with Big Mac and so with McDo and Mcjoy both prescribed by the Limited Liability Rule. Decide the reasons. (5%)
under the dominancy test. Accordingly, MINI-ME trademark is
confusingly similar with the ME-TOO mark (McDonald’s Corporation v.
LC Big Mak Burger, Inc., G.R. No. 143993, August 18, 2004).
SUGGESTED ANSWER: SUGGESTED ANSWER:

The limited liability rule will not apply in this case because there PNR should be held liable. PNR had the last clear chance of
was contributory negligence on the part of the ship owner. The avoiding the injury but did not exercise the diligence expected of it under
reconfiguration of the bulkhead of the deck of the ship to accommodate the circumstances.
more passengers made the vessel unseaworthy (Philippine American
General Insurance Company v. Court of Appeals, G.R. No. 116940, ALTERNATIVE ANSWER:
June 11, 1997, 273 SCRA 262).
Since the PUJ was guilty of contributory, negligence, it should be
ALTERNATIVE ANSWER: held solidarily liable with PNR consistent with jurisprudence that the
tortfeasor and the common carrier are solidarily liable in case of death
Monsoon rain have been jurisprudentially considered as force or injury to passengers of the carrier.
majeure. It being the cause of the accident, the ship owner should not
be liable. Reconfiguration of the bulk head to accommodate more VIII
passengers per se does not amount to contributory negligence which
will bar the ship owner to claim the defense of force majeure provided In 2015, Total Bank (Total) proposed to sell to Royal Bank
that it exercised due diligence before, during and after the incident to (Royal) its banking business for P10 billion consisting of specified
prevent loss or injury. assets and liabilities. The parties reached an eventual agreement, which
they termed as “Purchase and Assumption (P&A) Agreement,” in which
VII. Royal would acquire Total’s specified assets and liabilities, excluding
contingent claims, with the further stipulation that it should be approved
A railroad tract of the Philippine National Railway (PNR) is by the Bangko Sentral ng Pilipinas (BSP), BSP imposed the condition
located near a busy intersection of Puyat Avenue and Osmeña that Total should place in escrow P1 Billion to cover for contingent
Highway. One afternoon, the intersection was heavily congested, as claims against it. Total complied. After securing the approval of the BSP,
usual. Juan, the driver of a public utility jeepney (PUJ), drove onto the the two bank signed the agreement. BSP thereafter issued a circular
railroad tracts but could go no farther because of the heavy traffic as the advising all banks and non-bank intermediaries that effective January 1,
intersection. After the jeepney stopped right on the railroad tract, it was 2016, “the banking activities of Total Bank and Royal Bank have been
hit and overturned by a PNR train, resulting in the death of Kim, a consolidated and the latter has carried out their operations since then.”
passenger of the PUJ, and injuries to Juan and his other passengers.
Juan, the injured passengers and Kim’s family sued the PNR for (A) Was there a merger and consolidation of the two banks in
damages for its negligence. It was established that the steel pole barrier point of the Corporation Code? Explain. (2.5%)
before the track was broken, and that the PNR had the last clear chance
of avoiding the accident. On the other hand, the PNR raised the defense (B) What is meant by a de facto merger? Discuss. (2.5%)
that the track is for the exclusive use of the train and that motorists are
aware that it is negligence per se to stop their vehicles on the tracks. SUGGESTED ANSWER:
Decide the case and explain. (5%)
(A) There was no merger or consolidation of the two banks from
the viewpoint of the Corporation Code. The Supreme Court ruled in
Bank of Commerce v. Radio Philippine Network, Inc. (G.R. No. 195615,
April 21, 2014), that there can be no merger if the requirements and ALTERNATIVE ANSWER:
procedure for merger were not observed and no certificate of merger
was issued by the SEC. (A) X’s beneficiary should be entitled to the proceeds of the life
insurance as there was good faith on the part of the insured for the non
(B) De facto merger means that a corporation called the disclosure since the insured was not aware of his hypertension.
Acquiring Corporation acquired the assets and liabilities of another
corporation in exchange for equivalent value of shares of stock of the SUGGESTED ANSWER:
Acquiring Corporation.
(B) It is still a material information. It is settled that the insured
IX cannot recover even though the material fact not disclosed is not the
cause of the loss.
X insured his life for P20 million. X, plays golf and regularly
exercises everyday, hence is considered in good health. He did not X
know, however, that his frequent headaches is really caused by his
being hypertensive. In his application for a life insurance for himself, he After securing a P1 million loan from B, A drew in B’s favor a bill
did not put a check to the question if he is suffering from hypertension, of exchange with C as drawee. The bill reads:
believing that because of his active lifestyle, being hypertensive is
remote possibility. While playing golf one day, X collapsed at the fairway October 1, 2016.
and was declared dead on arrival at the hospital. His death certificate
stated that X suffered a massive heart attack. Pay to the order of B the sum of P1 million.

A) Will the beneficiary of X be entitled to the proceeds of the life To: C (drawee). Signed, A.
insurance under the circumstances, despite the non-disclosure that he
is hypertensive at the time of application? (2.5%) A then delivered the bill to B who, however, lost it. It turned out
that it was stolen by D, B’s brother. D lost no time in forging B’s
B) If X died in an accident instead of a heart attack, would the signature and negotiated it to E who acquired it for value and in good
fact of X’s failure to disclose that he is hypertensive be considered as faith. May E recover on the bill from C, the drawee? Explain. (5%)
material information? (2.5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
E cannot recover from C, the drawee. The forged endorsement
(A) No, the beneficiary of X is not entitled to the proceeds of the of B did not result in transfer of title in favor of E as no right can be
life insurance. The hypertension of X is a material fact that should have acquired under such forged endorsement.
been disclosed to the insurer. The concealment of such material fact
entitles the insurer to rescind the insurance policy. ALTERNATIVE ANSWER:

The drawee is not liable because it did not accept the

instrument. Under Section 62 of the Negotiable Instruments law, the
drawee can only be liable if he accepts the instrument.
 XI the assets of the corporation, the court cannot review the decision of the
board of directors even if the selling price is less than the market value
Royal Links Golf Club obtained a loan from a bank which is of the shares (Montelibano v. Bacolod Murcia Milling Company, G.R.
secured by a mortgage on a titled lot where holes 1, 2, 3 and 4 are No. L-15092, May 18, 1962).
located. The bank informed the Board of Directors that if the arrearages
are not paid within thirty (30) days, it will extra-judicially foreclose the XII
mortgage. The Board decided to offer to the members 200 proprietary
membership shares, which are treasury shares, at the price of X owns 10,000 shares in Z Telecoms Corp. As he is in
P175,000.00 per share even when the current market value is immediate need of money, he offered to sell all his shares to his friend,
P200,000.00. Y, at a bargain price, Upon receipt of the purchase price from Y, X
proceeded to indorse in blank the certificates of shares and delivered
In behalf and for the benefit of the corporation, Peter, a these to Y. The latter then went to the corporate secretary of Z
stockholder, filed a derivative suit against the members of the Board for Telecoms Corp. and requested the transfer of the shares in his name.
breach of trust for selling the shares at P25,000.00, lower that its market The corporate secretary refused since X merely indorsed the certificates
value, and asked for the nullification of the sales and the removal of the in blank to Y. According to the corporate secretary, the certificates
board members. Peter claims the Club incurred a loss of P5 million. The should have been specifically indorsed to the purchaser, Y. Was the
Board represented the defense that in its honest belief any delay in the corporate secretary justified in declining Y’s request? Discuss. (5%)
payment of the arrearages will be prejudicial to the club as the mortgage
on its assets will be foreclosed and the sale at the lower price is the best SUGGESTED ANSWER:
solution to the problem. Decide the suit and explain. (5%)
The Corporate Secretary is not justified in declining Y’s request.
Under Section 63 of the Corporation Code, shares of stock covered by a
SUGGESTED ANSWER: stock certificate may be transferred by the delivery of the certificate
endorsed by the stockholder-owner or his authorized representative or
The derivative suit will not prosper, because while it was filed by other person legally authorized to make the transfer. The endorsement
a stockholder on behalf of the corporation, the complaint did not allege need not be specifically in favor of the purchaser.
the other elements of derivative suit namely; a) exhaustion of intra-
corporate remedies available under the articles of incorporation, by-laws XIII
and rules and regulations governing the corporation to obtain the relief
the stockholder desires; b) it is not a nuisance suit; and c) appraisal right C Corp. is the direct holder of 10% of the shareholdings in U
is not available (Ching v. Subic Bay Golf and Country Club, G.R. No. Corp., a non-listed (not public) firm, which in turn owns 62% of the
174353, September 10, 2014). shareholdings in H. Corp., a publicly listed company. The other principal
stockholder in H Corp. is C Corp. which owns 18% of its shares.
ALTERNATIVE ANSWER: Meanwhile, the majority stocks in U Corp. are owned by B Corp. and V
Corp: at 22% and 30% respectively. B Corp. and V Corp. later sold their
The derivative suit will not prosper, because there was no respective shares in U Corp. to C Corp., thereby resulting in the
wrongful act on the part of the board of directors. In accordance with the increase of C Corp’s. interest in U Corp., whether direct or indirect, to
business judgment rule since the board of directors passed the more than 50%.
resolution in good faith to prevent the foreclosure on the mortgage on
 (A) Explain the Tender Offer Rule under the Securities SUGGESTED ANSWER:
Regulation Code. (2.5%)
The contention of X is not correct. Deposits in the context of the
(B) Does the Tender Offer Rule apply in this case where there Secrecy of Philippine currency deposits include deposits of whatever
has been an indirect acquisition of the shareholdings in H Corp. by C nature and kind. They include funds deposited in the bank giving rise to
Corp? Discuss. (2.5%) creditor-debtor relationship, as well as funds invested in the bank like
trust accounts (Ejercito v. Sandiganbayan, G.R. Nos. 157294-95,
SUGGESTED ANSWER: November 30, 2006).

(A) A Tender Offer Rule means a publicly announced intention XV

by a person acting alone or in concert with other persons to acquire the
outstanding equity securities of a public company or outstanding equity ABC Corp. is engaged in the pawnshop business involving
securities of an associate or related company of such public company cellphones, laptops and other gadgets of value. In order to expand its
which controls said public company (Section 19.1.8 of the SRC business and attract investors, it offered to any person who invests at
implementing Rules and Regulations). least P100,000.00 a “promissory Note” where it obligated itself to pay
the holder a 50% return on investment within one month. Due to the
(B) Yes, the mandatory Tender Offer Rule is still applicable even attractive offer, many individuals invested in the company but not one of
if the acquisition, direct or indirect, is less than 35% when the purchase them was able to realize any profit after one month.
would result in direct or indirect ownership of over 50% of the total
outstanding equity securities of a public company (Cemco Holdings v. Has ABC Corp. violated any law with its scheme? Explain. (5%)
National Life Insurance Company of the Philippines, G.R. No. 171815,
August 7, 2007). SUGGESTED ANSWER:

XIV Yes, ABC Corporation violated the provisions of the Securities

Regulation Code that prohibits sale of securities to the public, like
X, a government official, has a number of bank accounts in T promissory notes, without a registration statement filed with and
Bank containing millions of pesos. He also opened several trust approved by the Securities and Exchange Commission.
accounts in the same bank which specifically covered the placement
and/or investment of funds. X was later charged with graft and XVI
corruption before the Sandiganbayam (SB) by the Ombudsman. The
Special Prosecutor filed a motion praying for a court order authorizing it Henry is a board director in XYZ Corporation. For being the
to look into the savings and trust accounts of X in T Bank. X opposed “fiscalizer” in the Board, the majority of the board directors want him
the motion arguing that the trust accounts are not “deposits” under the removed and his shares sold at auction, so he can no longer participate
Law on Secrecy of Bank Deposits (Rep. Act No. 1405). Is the contention even in the stockholders’ meetings. Henry approaches you for advice on
of X correct? Explain. (5%) whether he can be removed as board director and stockholder even
without cause. What is your advice? Explain “amotion” and the
procedure in removing a director. (5%)
SUGGESTED ANSWER: (B) As counsel of ABC, you are asked for advice on whether or
not to grant the instruction of PJ. What will be you advice? (2.5%)
Henry cannot be removed by his fellow directors. The power to
remove belongs to the stockholders. He can only be removed by the SUGGESTED ANSWER:
stockholders representing at least 2/3 of the outstanding capital stock in
a meeting called for that purpose. The removal may be with or without (A) A letter of credit is any arrangement however named or
cause except that in this case, the removal has to be with cause described whereby a bank acting upon the request of its client or on its
because it is intended to deprive minority stockholders of the right of behalf agrees to pay another against stipulated documents provided that
representation. Amotion is the premature ousting of a director or officer the terms of the credit are complied with (Section 2 of the Uniform
from his post in the corporation. Customs and Practices for Documentary Credit).

[NB: The committee recommends that the examinees be given outright A trust receipt is an arrangement whereby the issuing bank
credit for the question on amotion regardless of the answer as this (referred to as the entruster under the trust receipt) releases the
concept is hardly taken up in law school. It is also requested that the imported goods to the importer (referred to as the entrustee) but that the
examiner be liberal in checking the answers given the relative difficulty latter in case of sale must deliver the proceeds thereof to the entruster
of the questions] up to the extent of the amount owing to the entruster or to return the
goods in case of non-sale.
XVII
ALTERNATIVE ANSWER:
PJ Corporation (PJ) obtained a loan from ABC Bank (ABC) in
the amount of P10 million for the purchase of 100 pieces of ecodoors. (A) Under the Code of Commerce, letters of credit are those
Thereafter, a Letter of Credit was obtained by PJ against such loan. The issued by one merchant to another for the purpose of attending to a
beneficiary of the Letter of Credit is Scrap Metal Corp. (Scrap Metal) in commercial transaction. The letter of credit should be issued in favor of
Beijing, China. Upon arrival of 100 pieces of ecodoors, PJ executed a a definite person and not to order and be limited to a fixed and specified
Trust Receipt in favor of ABC to cover for the value of the ecodoors for amount, or to one or more determined amounts but within a maximum
its release to PJ. The terms of the Trust Receipt is that any proceeds the … limits of which has to be stated exactly (Articles 567 and 568 of
from the sale of the ecodoors will be delivered to ABC as payment. After the Code of Commerce).
the ecodoors were sold, PJ, instead of paying ABC, used the proceeds
of the sale to order from Scrap Metal another 100 pieces of ecodoors SUGGESTED ANSWER:
but using another bank to issue a new Letter of Credit fully covered by
such proceeds. PJ refused to pay the proceeds of the sale of the first (B) I will not grant the instruction of PJ. Under the independence
set of ecodoors to ABC, claiming that the ecododors that were delivered principle, the obligation of the bank to pay the Scrap Metal Corporation
were defective. It then instructed ABC not to negotiate the Letter of is not dependent upon the fulfillment or non-fulfillment of the main
Credit that was issued in favor of Scrap Metal. contract underlying the letter of credit but conditioned only on its
submission of the stipulated documents to ABC Bank.
(A) Explain what is a “Letter of Credit” as a financial device and a
“Trust Receipt” as a security to the Letter of Credit. (2.5%).’
 XVIII were pending before the Panel of Arbitrators (POA) of the Department
of Environmental and Natural Resources (DENR). The three
B Bank, a large universal bank, regularly extends revolving credit corporations” wanted to undertake exploration and mining activities in
lines to business establishments under what it terms as socially the province of Isabela. The oppositor alleged that at least 60% of the
responsible banking and private business partnership relations. All loans capital share holdings of the applicants are owned by B Corp., a 100%
that are extended to client have a common “Escalation Clause,” to wit: Chinese corporation, in violation of Sec. 2, Art. Xll of the Constitution.
“B Bank hereby reserves its right to make successive increases in The applicants countered that they are qualified corporations as defined
interest rates in accordance with the bank’s adopted policies as under the Philippine Mining Act of 1995 and the Foreign Investments
approved by the Monetary Board; provided that each successive Act of 1991 since B Corp. holds only 40% of the capital stocks in each
increase shall be with the written assent of the depositor.” of them and not 60% as alleged by R Corp.

(A) X, a regular client of the bank, contends that the “Escalation The summary of Significant Accounting policies statement of B
Clause” is unfair, unconscionable and contrary to law, morals, public Corp. reveals that the joint venture agreement of B Corp. with Sigma
policy and customs. Rule on the issue and explain. (2.5%) Corp. and Delta Corp. involve the O Corp., P Corp., and Q Corp. The
ownership of the layered corporations and joint venture agreements
(B) Suppose that the “Escalation Clause” instead reads: “B Bank show that B Corp. practically exercises control over the O, P and Q
hereby reserves the right to make reasonable increases in interest rates corporations contend that the control test should be applied and its
in accordance with bank policies as approved by the Monetary Board; MPSA applicants granted. On the other hand, R Corp, argues that the
Provided, there shall be corresponding reasonable decreases in interest “grandfather rule” should be applied. Decide with reasons. (5%)
rates as approved by the Monetary Board.” Would this be valid?
Explain. (2.5%) SUGGESTED ANSWER:

SUGGESTED ANSWER: The grandfather rule should apply. The Supreme Court held in a
similar case that even though on paper the capital shareholding in a
(A) The “escalation clause” is valid because each successive mining company is 60% owned by Filipinos and 40% by foreigners, if
increase shall be with the written assent of the depositor. This there is a doubt as to the locus of the beneficial ownership and control,
stipulation does not violate the principle of mutuality of contracts. The the grandfather rule should apply. Based on the facts, B Corporation, a
stipulation would have been void if the supposed consent is given prior Chinese corporation, practically exercises control over O, P and Q
to the increase in interest rate. Corporations. Such circumstance creates a doubt as to where control
and beneficial ownership reside that warrants application of the
(B) An escalation clause with a de-escalation clause is valid grandfather rule (Narra Nickel Mining and Development Corporation v.
provided that the client’s consent is still secured prior to any increase in Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014).
interest rate otherwise, the escalation clause is void.
XX
XIX
Company X issues a Bank A Check No. 12345 in the amount of
In 2015, R Corp., a domestic company that is wholly owned by P500,000.00 payable to the Bureau of Internal Revenue (BIR) for the
Filipinos – files its opposition to the applications for Mineral Production company’s taxes for the third quarter of 1997. The check was deposited
Sharing Agreements (MPSA) of O Corp., P Corp., and Q Corp. which with Bank B, the collecting bank with which the BIR has an account. The
check was subsequently cleared and the amount of P500,000.00 was
deducted from the company’s balance. Thereafter, Company X was
notified by the BIR of its non-payment of its unpaid taxes despite the
P500,000.00 debit from its account. This prompted the company to seek
assistance from the proper authorities to investigate on the matter.

The results of the investigation disclosed that unknown then to

Company X, its chief accountant Bonifacio Santos is part of a syndicate
that devised a scheme to siphon its funds. It was discovered that though
deposited, the check was never paid to the BIR but was passed on by
Santos to Winston Reyes, Banks B’s branch manager and Santos’ co-
conspirator. Instead of bringing the check to the clearing house, Reyes
replaced Check No. 12345 with a worthless check bearing the same
amount, and tempered documents to cover his tracks. No amount was
then credited to the BIR. Meanwhile, check No. 12345 was
subsequently cleared and the amount therein credited into the account
of fictitious persons, to be later withdrawn by Santos and Reyes.

Company X then sued Bank B for the amount of P500,000.00

representing the amount deducted from its account. Bank B interposed
the defense that Company X was guilty of contributory negligence since
its confidential employee Santos was an integral part of the scheme to
divert the proceeds of Check No. 12345. Is Company X entitled to
reimbursement from Bank B, the collecting bank? Explain. (5%)

SUGGESTED ANSWER:

Yes, Company X is entitled to reimbursement from the collecting

bank. – In a similar case, the Supreme Court ruled that the drawer could
recover the amount deducted from its account because it failed to
ensure that the check be paid to the designated payee, while the
collecting bank should share 1/2 of the loss because its branch manager
conspired in the fraud (Philippine Commercial International Bank v.
Court of Appeals, G.R. No. 121413, January 29, 2001, 350 SCRA 446).
 (5) In all actions involving the contract of marriage and marital relations;

REMEDIAL LAW (6) In all cases not within the exclusive jurisdiction of any court, tribunal,
(2016 Bar Exam Q & A) person or body exercising jurisdiction of any court, tribunal, person or
body exercising judicial or quasi-judicial functions;

(7) in all civil actions and special proceedings falling within the exclusive
I original jurisdiction of a Juvenile and Domestic Relations Court and of
the Court of Agrarian Relations as now provided by law; and
State at least five (5) civil cases that fall under the exclusive original
jurisdiction of the Regional Trial Courts (RTC’s). (5%) (8) In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorney’s fees litigation expenses, and
SUGGESTED ANSWER costs or the value of the property in controversy exceeds Three hundred
thousand pesos (P300,000.00) or, in such other cases in Metro Manila,
The Regional Trial Courts inter alia shall exercise exclusive original where the demand exclusive of the above-mentioned items exceeds
jurisdiction in the following civil cases: Four Hundred thousand pesos (P400,000,00)” (Section 1, Section 19 of
Batas Pambansa Blg. 129, otherwise known as the “Judiciary
(1) In all civil actions in which the subject of the litigation is incapable of Reorganization Act of 1980).
pecuniary estimation;
II
(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the Briefly explain the procedure on “Interrogatories to Parties” under Rule
property involved exceeds Twenty thousand pesos (P20,000,00) or, for 25 and state the effect of failure to serve written interrogatories. (2.5%)
civil actions in Metro Manila, where such value exceeds Fifty thousand
pesos (P50,000.00) except actions for forcible entry into and unlawful (B) Briefly explain the procedure on “Admission by Adverse Party” under
detainer of lands or buildings, original jurisdiction over which is Rule 26 and the effect of failure to file and serve the request. (2.5%)
conferred upon the Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts; SUGGESTED ANSWER

(3) In all actions in admiralty and maritime jurisdiction where the (A) PROCEDURE
demand or claim exceeds Three hundred thousand pesos
(P300,000.00) or, in Metro Manila, where such demand or claim 1 Any party desiring to elicit material and relevant facts from any
exceeds Four hundred thousand pesos (P400,000.00); adverse parties shall file and serve upon the latter written interrogatories
to be answered by the party served or, if the party served is a public or
(4) In all matters of probate, both testate and intestate, where the gross private corporation or a partnership or association, by any officer thereof
value of the estate exceeds Three hundred thousand pesos competent to testify in its behalf (Section 1, Rule 25, Rules of Court).
(P300,000.00) or, in probate matters in Metro Manila, where such gross
value exceeds Four Hundred thousand pesos (P400,000.00); 2. The interrogatories shall be answered fully in writing and shall be
signed and sworn to by the person making them. The party upon whom
the interrogatories have been served shall file and serve a copy of the
answers on the party submitting the interrogatories within fifteen (15) 3. Objections to any request for admission shall be submitted to the
days after service thereof, unless the court on motion and for good court by the party requested within the period for and prior to the filing of
cause shown, extends or shortens the time (Section 2, Rule 25, Rules of his sworn statement as contemplated in the preceding paragraph and
Court). his compliance therewith shall be deferred until such obligations are
resolved, which resolution shall be made as early as practicable
3. Objections to any interrogatories may be presented to the court (Section 2, Rule 26, Rules of Court).

within ten (10) days after service thereof, with notice as in case of a 4. Any admission made by a party pursuant to such request is for the
motion; and answers shall be deferred until the objections are resolved, purpose of the pending action only and shall not constitute an admission
which shall be at as early a time as is practicable (Section 3. Rule 25, by him for any other purpose nor may the same be used against him in
Rules of Court). any other proceeding (Section 3, Rule 26). Unless otherwise allowed by
the court for good cause shown and to prevent a failure of justice a party
Should a party fail to file and serve written interrogatories on adverse who fails to file and serve a request for admission on the adverse party
party, he cannot compel the latter to give testimony in one court or to of material and relevant facts at issue which are, or ought to be, within
give deposition pending appeal, unless allowed by the court for good the personal knowledge of the latter, shall not be permitted to present
cause shown and to prevent a failure of justice (Section 6. Rule 25, evidence on such facts (emphasis supplied] (Section 5, Rule 26, Rules
Rules of Court; Spouses Vicente Afulugencia and Leticia Afulugencia v. of Court).
Metropolitan Bank & Trust Co., et al., G.R. No. 185145 February 5,
2014). III

(B) PROCEDURE What are the contents of a judicial affidavit? (5%)

1. At any time after issues have been joined, a party may file and serve SUGGESTED ANSWER
upon any party a written request for the admission by the latter of the
genuineness of any material and relevant document described in and A judicial affidavit shall be prepared in the language known to the
exhibited with the request or of the truth of any material and relevant witness and, if not in English or Filipino, accompanied by a translation in
matter of fact set forth in the request. Copies of the documents shall be English or Filipino, and shall contain the following: (a) The name, age,
delivered with the request unless copies have already been furnished residence or business address, and occupation of the witness; (b) The
(Section 1, Rule 26, Rules of Court). name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is
2. Each of the matters of which an admission is requested shall be being held; (c) A statement that the witness is answering the questions
deemed admitted unless, within a period designated in the request, asked of him, fully conscious that he does so under oath, and that he
which shall not be less than fifteen (15) days after service thereof, or may face criminal liability for false testimony or perjury; (d) Questions
within such further time as the court may allow on motion, the party to asked of the witness and his corresponding answers, consecutively
whom the request directed files and serves upon the party requesting numbered, that: (1) Show the circumstances under which the witness
the admission a sworn statement either denying specifically the matters acquired the facts upon which he testifies; (2) Elicit from him those facts
of which an admission is requested or setting forth in detail the reasons which are relevant to the issues that the case presents; and (3) Identify
why he cannot truthfully either admit or deny those matters. the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court; (e) The signature of and prime objective and nature of the case, which is to recover said real
the witness over his printed name; and (f) A jurat with the signature of property. It is a real action (Paglaum Management & Development
the notary public who administers the oath or an officer who is Corporation v. Union Bank of the Philippines, G.R. No. 179018, June
authorized by law to administer the same (Section 3, A.M. No. 12-8-8 18, 2012).
SC, Judicial Affidavit Rule).
Being a real action, it shall be commenced and tried in the proper court
IV. which has jurisdiction over the area where the real property involved. or
a portion thereof, is situated (Section 1, Rule 4, Rules of Court). The
Eduardo a resident of the City of Manila, filed before the Regional Trial complaint should be filed in the RTC of Makati where the mortgaged
Court (RTC) of Manila a complaint for the annulment of a Deed of Real property is situated.
Estate Mortgage he signed in favor of Galaxy Bank (Galaxy), and the
consequent foreclosure and auction sale on his mortgaged Makati prop ALTERNATIVE ANSWER
erty, Galaxy filed a Motion to Dismiss on the ground of improper venue
alleging that the complaint should be filed with the RTC of Makati since The motion to dismiss should be denied. An action for the annulment of
the complaint involves the ownership and possession of Eduardo’s lot. a real estate mortgage is a personal action, which may be commenced
Resolve the motion with reasons. (5%) and tried where the defendant or any of the defendants resides or may
be found, or where the plaintiff or any of the plaintiffs resides or may be
SUGGESTED ANSWER found, at the election of plaintiff (Sec. 2, Rule 4, Rules of Court; Chua v.
Total Office Products & Services, G.R. No. 152808, September 30,
The Motion to dismiss should be granted. An action for nullification of 2005; Orbeta v. Orbeta, G.R. No. 166837, November 27, 2006). Since
the mortgage documents and foreclosure of the mortgaged property is a the plaintiff resides in Manila, the complaint was properly filed in RTC of
real action that affects the title to the property; thus, venue of the real Manila.
action is before the court having jurisdiction over the territory in which
the property lies (Jimmy T. Go v. United Coconut Planters Bank, G.R. V.
No. 156187, November 11, 2004; Chua v. Total Office Products &
Services, G.R. No. 152808, September 30, 2005). (A) What is the “most important witness” rule pursuant to the 2004
Guidelines of Pre-trial and Use of Deposition-Discovery Measures?
In Fortune Motors v. Court of Appeals (G.R. No. 112191, February 7, Explain. (2.5%)
1997), the Supreme Court also held that an action to annul a foreclosure
sale of a real estate mortgage is no different from an action to annul a (B) What is the “one day examination of witness” rule pursuant to the
private sale of real property. While it is true that petitioner does not said 2004 Guidelines? Explain. (2.5%)
directly seek the recovery of title or possession of the property in
question, his action for annulment of sale and his claim for damages are SUGGESTED ANSWER
closely intertwined with the issue of ownership of the building which,
under the law, is considered immovable property, the recovery of which (A) Under A.M. No. 03-1-09-SC or the “2004 Guidelines of Pre-trial and
is petitioner’s primary objective. Use of Deposition-Discovery Measures,” in civil cases where no
amicable settlement was reached by the parties, the trial judge is
The prevalent doctrine is that an action for the annulment or rescission directed to determine the most important witnesses and limit the number
of a sale of real property does not operate to efface the fundamental of such witnesses to be heard. The court shall also require the parties
and/or counsels to submit the names, addresses and contact numbers The Motion to Dismiss should be denied. As a general rule, no
of the witnesses to be summoned by subpoena. The facts to be proven complaint involving any matter within the authority of the Lupon shall be
by each witness and the approximate number of hours per witness shall instituted or filed directly in court for adjudication unless there has been
also be fixed by the trial judge (Section (1)(A) (5) (i) of A.M. No. 03-01- a confrontation between the parties in the barangay and no settlement
09-SC or the “2004 Guidelines of Pre-trial and Use of Deposition- was reached (Section 412(a) of Republic Act No. 7160; April Martinez,
Discovery Measures”, July 13, 2004). v. Rodolfo G. Martinez, G.R. No. 162084, June 28, 2005). However, in
barangays where majority of the inhabitants are members of indigenous
(B) The rule requires that a witness has to be fully examined in one (1) cultural communities, local systems of settling disputes through their
day only. This rule shall be strictly adhered to subject to the courts’ councils of datus or lders shall be recognized without prejudice to the
discretion during trial on whether or not to extend the direct and/ or applicable provisions of e Local Government Code (Sections 399, R.A.
cross-examination for justifiable reasons. On the last hearing day 7160). As a consequence, customs and traditions of indigenous cultural
allotted for each party, he is required to make his formal offer of communities shall be ned in settling disputes between members of the
evidence after the presentation of his last witness and the opposing cultural communities (Sections 412, R.A. 7160), thus, the confrontation
party is required to immediately interpose his objection thereto. between Pedro and Juan before the Council of Elders of their barangay
Thereafter, the judge shall make the ruling on the offer of evidence in is sufficient compliance with the precondition for filing the case in court
open court, but the judge has the discretion to allow the offer of under Section 412 of R.A. No. 7160 (Zamora v. Heirs of Izquierdo, G.R.
evidence in writing in conformity with Section 35, Rule 132 (Section (1) No. 146195, November 18, 2004).
(A)(5)(i) of A.M. No. 03-01-09-SC or the “2004 Guidelines of Pre-trial
and Use of Deposition-Discovery Measures”, July 13, 2004). Be that as it may, it is well-settled that the mode of enforcement of an
amicable settlement under the Katarungan Pambarangay Law does not
VI. rule out the right of rescission under Art. 2041 of the Civil Code
(Crisanta Miguel v. Montanez, G.R. No. 191336, January 25, 2014).
Pedro and luan are residents of Barangay Ifurug, Municipality of Dupac, Accordingly, when Juan filed a complaint for sum of money in the MTC,
Mountain Province. Pedro owes Juan the amount of P50,000.00. Due to he is deemed to have rescinded the compromise agreement reached
non-payment, Juan brought his complaint to the Council of Elders of before the Council of Elders of the barangay. Henceforth, Pedro is
said barangay which implements the bodong justice system. Both incorrect in alleging that the RTC, not the MTC, has jurisdiction over
appeared before the council where they verbally agreed that Pedro will Juan’s claim. Considering that the claim is only for P50,000.00, the case
pay in installments on specific due dates. Pedro reneged on his is within the exclusive jurisdiction of the MTC under B.P. Blg. 129 and
promise. Juan filed a complaint for sum of money before the Municipal may proceed pursuant to A.M. No. 08-8-7-SC or the “Rules of
Trial Court (MTC). Pedro filed a Motion to Dismiss on the ground that Procedure for Small Claims Cases.” Notably, a motion to dismiss is
the case did not pass through the barangay conciliation under R.A. No. among the prohibited pleadings under Section 14(a) of said rules.
7160 and that the RTC, not the MTC, has jurisdiction. In his opposition, Similarly, Juan’s claim of P50,000.00 may be governed by the 1991
Juan argued that the intervention of the Council of Elders is substantial Rules on Summary Procedure which clearly falls within the jurisdiction
compliance with the requirement of R.A. No. 7160 and the claim of of the MTC, ergo, the motion to dismiss based on lack of jurisdiction
P50,000.00 is clearly within the jurisdiction of the MTC. As MTC judge, over the subject matter should be denied (Section 19 (a), 1991 Rules on
rule on the motion and explain. (5%) Summary Procedure).

SUGGESTED ANSWER VII

Spouses Marlon and Edith have three (3) children ages, 15, 12 and 7, the merits of the prayer for exemption (Algura v. Local Government Unit
who are studying at public schools. They have combined gross monthly of the City of Naga, G.R. No. 150135, October 30, 2006). Hence, the
income 0f P30,000.00 and they stay in an apartment in Manila with a spouses may be authorized to litigate as indigents if the court, upon an
monthly rent of P5,000.00. The monthly minimum wage per employee in ex parte application and hearing, is satisfied that they do not have
Metro Manila does not exceed P13,000.00. They do not own any real money or property sufficient and available for food, shelter, and basic
property. The spouses want to collect a loan of P25,000.00 from Jojo necessities for themselves and their family (Rule 3, Sec. 21, Rules of
but do not have the money to pay the filing fees. Court; Re: Query of Mr. Roger Prioreschi, A.M. No. 09-6-9-SC, August
19, 2009).
(A) Would the spouses qualify as indigent litigants under Section 19, 2. The Spouses can also file a motion to sue as indigent under the
Rule 141 on Legal Fees? (2.5%)] Rules of Procedure on Small Claims. The Motion shall be referred to the
Executive Judge for immediate action in case of multi-sala courts. If the
(B) If the spouses do not qualify under Rule 141, what other remedy can motion is granted by the Executive Judge, the case shall be raffled off or
they avail of under the rules to exempt them from paying the filing fees? assigned to the court designated to hear small claims cases. If the
(2.5) motion is denied, the plaintiff shall be given five (5) days within which to
pay the docket fees, otherwise, the case shall be dismissed without
SUGGESTED ANSWER prejudice. In no case shall a party, even if declared an indi gent, be
exempt from the payment of the P1,000.00 fee for service of summons
(A) No. Spouses Marlon and Edith would not qualify as indigent litigants. and processes (Section 10, A.M. No. 08-8-7-SC, 2016 Rules of
Under Section 19 of Rule 141, Indigent litigants include those (a) whose Procedure for Small Claims Cases).
gross income and that of their immediate family do not exceed an
amount double the monthly minimum wage of an employee; and (b) who 3. The spouses may also claim exemption from payment of legal fees by
do not own real property with a fair market value as stated in the current seeking the help of the Integrated Bar of the Philippines pursuant to
tax declaration of more than three hundred thousand (P300,000.00) A.M. No. 08-11-7-SC (IRR), Rule on the Exemption from the Payment of
pesos, shall be exempt from payment of legal fees (Section 19 of Rule Legal Fees of the Clients of the National Committee on Legal Aid and of
141, Administrative Matter No. 04-2-04-SC, August 16, 2004; Algura v. the Legal Aid Offices in the Local Chapters of the Integrated Bar of the
Local Government Unit of the City of Naga, G.R. No. 150135, October Philippines
30, 2006). Here, the spouses combined gross monthly income of
P30,000.00 exceeds the limit provided by Section 19, Rule 141; VIII
accordingly, the spouses do not qualify as indigent litigants.
Juan sued Roberto for specific performance. Roberto knew that Juan
(B) The spouses can avail the following remedies under the rules in was going to file the case so he went out of town and temporarily stayed
order to be exempted from the payment of the filing fees: in another city to avoid service of summons. Juan engaged the service
of Sheriff Matinik to serve the summons but when the latter went to the
If the applicant for exemption meets the salary and property residence of Roberto, he was told by the caretaker thereof that his
requirements under Section 19 of Rule 141, then the grant of the employer no longer resides at the house. The caretaker is a high school
application is mandatory. On the other hand, when the application does graduate and is the godson of Roberto. Believing the caretaker’s story
not satisfy one or both requirements, then the application should not be to be true, Sheriff Matinik left a copy of the summons and complaint with
denied outright; instead, the court should apply the “indigency test” the caretaker. Was there a valid substituted service of summons?
under Section 21 of Rule 3 and use its sound discretion in determining Discuss the requirements for a valid service of summons. (5%)
 3. Substituted service effected on a person of suitable age and
SUGGESTED ANSWER discretion residing at defendant’s house or residence; or on a competent
person in charge of defendant’s office or regular place of business (Ma.
No. There was no valid substituted service of summons. In an action Imelda M. Manotoc v. Court of Appeals, G.R. No. 130974 August 16,
strictly in personam, personal service on the defendant is the preferred 2006).
mode of service, that is, by handing a copy of the summons to the
defendant in person. If defendant, for excusable reasons, cannot be IX
served with the summons within a reasonable period, then substituted
service can be resorted to. While substituted service of summons is (A) Is the buyer in the auction sale arising from an extra-judicial
permitted, it is extraordinary in character and in derogation of the usual foreclosure entitled to a writ of possession even before the expiration of
method of Service; hence, it must faithfully and strictly comply with the the redemption period? If so, what is the action to be taken? (1%)
prescribed requirements and circumstances authorized by the rules.
Compliance with the rules regarding the service of summons is as (B) After the period of redemption has lapsed and the title to the lot is
important as the issue of due process for the Court to acquire consolidated in the name of the auction buyer, is he entitled to the writ
jurisdiction. For the presumption of regularity in the performance of of possession as a matter of right? If so, what is the action to be taken?
official duty to apply, the Sheriff’s Return must show that serious efforts (2%)
or attempts were exerted to personally serve the summons and that said
efforts failed. These facts must be specifically narrated in the Return. It (C) Suppose that after the title to the lot has been consolidated in the
must clearly show that the substituted service must be made on a name of the auction buyer, said buyer sold the lot to a third party without
person of suitable age and discretion living in the dwelling or residence first getting a writ of possession. Can the transferee exercise the right of
of defendant; otherwise, the Return is flawed and the presumption the auction buyer and claim that it is a ministerial duty of the court to
cannot be availed of. The Supreme Court laid down the requirements as issue a writ of possession in his favor? Briefly explain. (2%)
follows:
SUGGESTED ANSWER
1. Impossibility of prompt personal service, i.e., the party relying on
substituted service or the sheriff must show that defendant cannot be (A) Yes, the buyer in the auction sale is entitled to a writ of possession
served promptly or there is impossibility of prompt service within a even before the expiration of the redemption period upon the filing of the
reasonable time, Reasonable time being “so much time as is necessary ex parte petition for issuance of a writ of possession and posting of the
under the circumstances for a reasonably prudent and diligent man to appropriate bond. Under Section 7 of Act No. 3135, as amended, the
do, conveniently, what the contract or duty requires that should be done, writ of possession may be issued to the purchaser in a foreclosure sale
having a regard for the rights and possibility of loss, if any..] to the other either within the one-year redemption period upon the filing of a bond, or
party”. Moreover, it must be indicated therein that the sheriff has made after the lapse of the redemption period, without need of a bond (LZK
several attempts at personal service for at least three (3) times on at Holdings and Development Corporation v. Planters Development Bank,
least two (2) different dates. G.R. No. 167998, April 27, 2007). Stated otherwise, Section 7 of Act No.
3135, as amended, also refers situation wherein the purchaser seeks
2. Specific details in the return, i.e., the sheriff must describe in the possession of the foreclosed property during the 12-month period for
Return of Summons the facts and circumstances surrounding the redemption. Hence, upon the purchaser’s filing of the ex parte petition
attempted personal service. and posting of the appropriate bond, the RTC shall, as a matter of
course, order the issuance of the writ of possession in favor of the
purchaser (Spouses Nicasio Marquez and Anita J. Marquez v. Spouses Hannibal, Donna, Florence and Joel, concerned residents of Laguna de
Carlito Alindog and Carmen Alindog, G.R. No. 184045, January 22, Bay, filed a complaint of mandamus against the Laguna Lake
2014; Spouses Jose Gatuslao and Ermila Gatuslao v. Leo Ray Yanson, Development Authority, the Department of Environment and Natural
G.R. No. 191540, January 21, 2015). Resources, the Department of Public Works and Highways, Department
of Interior and Local Government, Department of Agriculture,
(B) Yes, the auction buyer is entitled to a writ of possession as a matter Department of Budget, and Philippine National Police before the RTC of
of right. It is settled that the buyer in a foreclosure sale becomes the Laguna alleging that the continued neglect of defendants in performing
absolute owner of the property purchased if it is not redeemed within a their duties has resulted in serious deterioration of the water quality of
period of one year after the registration of the certificate of sale. He is, the lake and the degradation of the marine life in the lake. The plaintiffs
therefore, entitled to the possession of the property and can demand it prayed that said government agencies be ordered to clean up Laguna
at any time following the consolidation of ownership in his name and the de Bay and restore its water quality to Class C waters as prescribed by
issuance to him of a new transfer certificate of title. In such a case, the Presidential Decree 1152, otherwise known as the Philippine
bond required in Section 7 of Act No. 3135 is no longer necessary. Environment Code. Defendants raise the defense that the cleanup of
Possession of the land then becomes an absolute right of the purchaser the lake is not a ministerial function and they cannot be compelled by
as confirmed owner. Upon proper application and proof of title, the mandamus to perform the same. The RTC of Laguna rendered a
issuance of the writ of possession becomes a ministerial duty of the decision declaring that it is the duty of the agencies to clean up Laguna
court (LZK Holdings and Development Corporation v. Planters de Bay and issued a permanent writ of mandamus ordering said
Development Bank, G.R. No. 167998, April 27, 2007; Spouses Nicasio agencies to perform their duties prescribed by law relating to the
C. Marquez and Anita J. Marquez v. Spouses Carlito Alindog and cleanup of Laguna de Bay.
Carmen Alindog, G.R. No. 184045, January 22, 2014; Spouses Jose
Gatuslao and Ermila Gatuslao v. Leo Ray Yanson, G.R. No. 191540, (A) Is the RTC correct in issuing the writ of mandamus? Explain. (2.5%)
January 21, 2015).
(B) What is the writ of continuing mandamus? (2.5%)
(C) Yes. The transferee can exercise the right of the auction buyer. A
transferee or successor-in-interest of the auction buyer by virtue of the SUGGESTED ANSWER
contract of sale between them, is considered to have stepped into the
shoes of the auction buyer. As such, the transferee is necessarily (A) Yes, the RTC is correct in issuing the writ of mandamus. Generally,
entitled to avail of the provisions of Section 7 of Act 3135, as amended, the writ of mandamus lies to require the execution; of a ministerial duty.
as if he is the auction buyer (Spouses Jose Gatuslao and Ermila While the implementation of the Government agencies mandated tasks
Gatuslao v. Leo Ray Yonson, G.R. No. 191540, January 21, 2015), may entail a decision-making process, the enforcement of the law or the
When the lot purchased at a foreclosure sale is in turn sold or very act of doing what the law exacts to be done is ministerial in nature
transferred, the right to the possession thereof, along with all other and may be compelled by mandamus.
rights of ownership, transfers to its new owner (Spouses Gallent v.
Velasquez, G.R. No. 203949, April 6, 2016), ergo, it is a ministerial duty Here, the duty to clean up Laguna lake and restore its water quality to
of the court to issue a writ of possession in favor of the transferee of the Class C is required not only by Presidential Decree No. 1152, otherwise
auction buyer. known as the Philippine Environment Code, but also in its charter. It is,
thus, ministerial in nature and can be compelled by mandamus.
X
Accordingly, the RTC may issue a writ of continuing mandamus reconsideration of that Order through a Motion for Reconsideration.
directing any agency or instrumentality of the government or officer Miguel opposed the Motion for Reconsideration on the ground that it
thereof to perform an act or series of acts decreed by final judgment was filed out of time. Jose countered that the 15-day rule under Section
which shall remain effective until the judgment is fully satisfied 1 of Rule 52 does not apply where the Order sought to be reconsidered
(Metropolitan Manila Development Authority v. Concerned Residents of is an interlocutory order that does not attain finality. Is Jose correct?
Manila Bay, G.R. Nos. 171947-48, December 18, 2008). Explain. (5%)

(B) A writ of continuing mandamus is a writ issued when any agency or SUGGESTED ANSWER
instrumentality of the government or officer thereof unlawfully neglects
the performance of an act which the law specifically enjoins as a duty No. Jose is not correct. While Jose’s reliance on Section 1 of Rule 52 is
resulting from an office, trust or station in connection with the misplaced because the said Rule applies only to cases pending before
enforcement or violation of an environmental law rule or regulation or a the Court of Appeals, his argument that the fifteen day rule does not
right therein, or unlawfully excludes another from the use or enjoyment apply because the order sought to be reconsidered is an interlocutory
of such right and there is no other plain, speedy and adequate remedy order that has basis in jurisprudence. In Denso Philippines, Inc. v. The
in the ordinary course of law, the person aggrieved thereby may file a Intermediate Appellate Court (G.R. No. 75000. February 27, 1987), the
verified petition in the proper court, alleging the facts with certainty, Supreme Court held that a motion for reconsideration of an interlocutory
attaching thereto supporting evidence, specifying that the petition order is not subject to the usual limiting fifteen-day period of appeal
concerns an environmental law, rule or regulation, and praying that prescribed for final judgments and orders. Be that as it may, since the
judgment be rendered commanding the respondent to do an act or motion for reconsideration is a condition sine qua non for the filing of a
series of acts until the judgment is fully satisfied, and to pay damages petition for certiorari which is the appropriate remedy, the same can be
sustained by the petitioner by reason of the malicious neglect to perform filed not later than sixty (60) days from notice of the denial of the motion
the duties of the respondent, under the law, rules or regulations. The to dismiss; otherwise, a legal aberration would ensue where a party who
petition shall also contain a sworn certification of non-forum shopping has merely 60 days from notice of an adverse interlocutory order to
(A.M. No. 09-6-8-SC also known as Rules of Procedure for interpose a special civil action for certiorari would be allowed a longer
Environmental Cases). period to move for reconsideration of such order.

A Writ of Continuing mandamus is a writ issued by a court in an Consequently, since Jose’s motion for reconsideration was filed 31 days
environmental case directing any agency or instrumentality of the after he received the order denying his motion to dismiss, the same was
government or officer thereof to perform an act or series of acts decreed still filed on time.
by final judgment which shall remain effective until judgment is fully
satisfied (Section 7, Rule 8, A.M. No. 09-6-8-SC also known as Rules of ANOTHER SUGGESTED ANSWER
Procedure for Environmental Cases).
No. Jose is not correct. Rule 52 applies only to motions for
XI reconsideration of judgments or final resolutions of the Court of Appeals
in appealed cases. This case, however, involves proceedings before the
Miguel filed a Complaint for damages against Jose, who denied liability trial court. Under Section 1, Rule 37 of the Rules of Court, the period to
and filed a Motion to Dismiss on the ground of failure to state a cause of file a motion for reconsideration shall be within the period for taking an
action. In an Order received by Jose on January 5, 2015, the trial court appeal, which under Section 3, Rule 41, should be made within fifteen
denied the Motion to Dismiss. On February 4, 2015, Jose sought (15) days from notice of the assailed order. Applying the foregoing, Jose
should have filed his motion for reconsideration within 15 days from constitute a substantial compliance with the rule on verification and
January 5, 2015, or until January 20, 2015. Clearly, Jose’s motion for certification of non-forum shopping. And should there exist a
reconsideration was filed out of time. commonality of interest among the parties, or where the parties filed the
case as a collective, raising only one common cause of action or
XII presenting a common defense, then the signature of one of the
petitioners or complainants, acting as representative, is sufficient
Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari compliance (Irene Marcos-Araneta v. Court of Appeals, G.R. No.
under Rule 65 from an adverse decision of the National Labor Relations 154096, August 22, 2008). Evidently, since there is a commonality of
Commission (NLRC) on the complaint for illegal dismissal against interest among Tailors Toto, Nelson and Yenyen, there is substantial
Empire Textile Corporation. They were terminated on the ground that compliance with the rules on verification and certification against forum
they failed to meet the prescribed production quota at least four (4) shopping, when Toto signed the verification and certification, and Atty.
times. The NLRC, decision was assailed in a special civil action under Arman signed the same for Nelson.
Rule 65 before the Court of Appeals (CA). In the verification and
certification against forum shopping, only Toto signed the verification XIII
and certification, while Atty. Arman signed for Nelson. Empire filed a
motion to dismiss on the ground of defective verification and The officers of “Ang Kapaligiran ay Alagaan, Inc.” engaged your
certification. Decide with reasons. (5%) services to file an action against ABC Mining Corporation which is
engaged in mining operations in Sta. Cruz, Marinduque. ABC used
SUGGESTED ANSWER highly toxic chemicals in extracting gold. ABC’s toxic mine tailings were
accidentally released from its storage dams and were discharged into
The motion to dismiss should be granted. The verification and the rivers of said town. The mine tailings found their way to Calancan
certification of non-forum shopping were not signed by all the Bay allegedly to the waters of nearby Romblon and Quezon. The
petitioners. There was no showing that Toto nor Atty. Arman were duly damage to the crops and loss of earnings were estimated at P1 Billion.
authorized by the other petitioners through a special power of attorney Damage to the environment is estimated at P1 Billion. As a lawyer for
to sign on their behalf; hence, the motion to dismiss should be granted. the organization, you are requested to explain the advantages derived
from a petition for writ of kalikasan before the Supreme Court over a
ANOTHER SUGGESTED ANSWER complaint for damages before the RTC of Marinduque or vice-versa.
What action will you recommend? Explain. (5%)
The motion to dismiss should be denied, because there is substantial
compliance of the requirements of the rules. Verification is not a SUGGESTED ANSWER
jurisdictional but merely a formal requirement which the court may motu
proprio direct a party to comply with ar correct, as the case may be. On As a lawyer for the organization, I would recommend the filing of a
the other hand, regarding the certificate of non-forum shopping, the petition for issuance of a Writ of Kalikasan. The Writ of Kalikasan is a
general rule is that all the petitioners or plaintiffs in a case should sign it. remedy available to a natural or juridical person, entity authorized by
However, the Supreme Court has time and again stressed that the rules law, people’s organization, non-governmental organization, or any
on forum shopping, which were designed to promote the orderly public interest group accredited by or registered with any government
administration of justice, do not interdict substantial compliance with its agency, on behalf of persons whose constitutional right to a balanced
provisions under justifiable circumstances. As ruled by the Court, the and healthful ecology is violated, or threatened with violation by an
signature of any of the principal petitioners or principal parties, would unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude 6-8-SC). Besides, the petition for Writ of Kalikasan is exempted from the
as to prejudice the life, health or property of inhabitants in two or more payment of docket fees.
cities or provinces (Section 1 of Rule 7, A.M. No. 09-6-8-SC also known
as Rules of Procedure for Environmental Cases). From the foregoing, it is clear that filing a petition for Writ of Kalikasan
would be the best remedy to address all the environmental problems
The following reliefs may be included under the writ of kalikasan: (a) caused by the release of the toxic waste to the waters of Romblon and
Directing respondent to permanently cease and desist from committing Quezon without the burden of paying docket fees. After all, the filing of a
acts or neglecting the performance of a duty in violation of petition for the issuance of the Writ of Kalikasan shall not preclude the
environmental laws resulting in environmental destruction or damage; filing of separate civil, criminal or administrative actions; thus, the
(b) Directing the respondent public official, government agency, private organization can later file a complaint for damages with the Regional
person or entity to protect, preserve, rehabilitate or restore the Trial Court, should they desire to do so. At any rate, the rules provide
environment; (c) Directing the respondent public official, government that judgment must be rendered within sixty (60) days from the time the
agency, private person or entity to monitor strict compliance with the petition is submitted for decision which expedites the proceedings
decision and orders of the court; (d) Directing the respondent public significantly considering the urgency of the situation in the instant case.
official, government agency, or private person or entity to make periodic As lawyer for the organization I would recommend, therefore, the filing
reports on the execution of the final judgment; and (e) Such other reliefs of a petition for a Writ of Kalikasan with the Supreme Court.
which relate to the right of the people to a balanced and healthful
ecology or to the protection, preservation, rehabilitation or restoration of XIV
the environment, except the award of damages to individual petitioner
(Sec. 15, Rule 7. Ibid). Pedro, the principal witness in a criminal case, testified and completed
his testimony on direct examination in 2015. Due to several
The rules also provide interim reliefs in favor of the petitioner upon filing postponements by the accused, grounded on his recurring illness, which
a verified motion, namely: (i) Ocular inspection; or (ii) Production or were all granted by the judge, the cross-examination of Pedro was
inspection of documents or things (Sec. 12, Rule 7, A.M. No. 09-6-8-SC finally set on October 15, 2016. Before the said date, Pedro died. The
also known as Rules of Procedure for Environmental Cases). accused moved to expunge Pedro’s testimony on the ground that it
violates his right of confrontation and the right to cross-examine the
Additionally, the petition for Writ of Kalikasan is more advantageous witness. The prosecution opposed the motion and asked Pedro’s
compared to a complaint for damages before the RTC because it may testimony on direct examination be admitted as evidence. Is the motion
be filed directly with the Supreme Court or with any of the stations of the meritorious? Explain. (5%)
Court of Appeals. Unlike a complaint for damages before the RTC which
can only be filed by a real-party-in-interest as defined in Rule 3(2) of the SUGGESTED ANSWER
Rules of Court, the rule on locus standi is relaxed in petitions for Writ of
Kalikasan which allows the petition to be filed by parties as citizen suit. The Motion is meritorious. The cross-examination of a witness is an
In addition, any of the following may file a petition for Writ of Kalikasan: absolute right, not a mere privilege, of the party against whom he is
(a) natural or juridical person; (b) entity authorized by law; or (c) POs, called. With regard to the accused, it is a right guaranteed by the
NGOs or any public interest group accredited by or registered with any fundamental law as part of due process. Article III, Sec. 14, par. (2), of
government agency on behalf of persons whose constitutional right to a the 1987 Constitution specifically mandates that “the accused shall
balanced and healthful ecology is violated (Sec. 1, Rule 7, A.M. No. 09- enjoy the right to meet the witnesses face to face,” and Rule 115, Sec.
1, par. (f), of the 2000 Rules of Criminal Procedure enjoins that in all
criminal prosecutions the accused shall be entitled to confront and cross-examine the witness when he asked the postponements of the
cross-examine the witnesses against him at the trial. Accordingly, the hearing for several times; therefore, the direct testimony of a witness
testimony of a witness given on direct examination should be stricken off who died before the conclusion of the cross-examination should not be
the record where there was no adequate opportunity for cross- expunged from the records.
examination (People v. Fernando Monjey Rosario, G.R. No. 146689,
September 27, 2002). XV

In People v. Manchetti (G.R. No. L-48883, August 6, 1980), the Chika sued Gringo, a Venezuelan, for a sum of money. The
Supreme Court also held that if a party is deprived of the opportunity of Metropolitan Trial Court of Manila (MeTC) rendered a decision ordering
cross examination without fault on his part, as in the case of the illness Gringo to pay Chika P50,000.00 plus legal interest. During its pendency
and death of a witness after direct examination, he is entitled to have of the appeal before the RTC, Gringo died of acute hemorrhagic
the direct testimony stricken from the records. Since the accused was pancreatitis. Atty. Perfecto, counsel of Gringo, filed a manifestation
deprived of an opportunity to cross examine the witness without fault on attaching the death certificate of Gringo and informing the RTC that he
his part, the motion to expunge is meritorious. cannot substitute the heirs since Gringo did not disclose any information
of his family. As counsel for Chika, what remedy can you recommend to
ANOTHER SUGGESTED ANSWER your client so that the case can move forward and she can eventually
recover her money? Explain. (5%)
The Motion is not meritorious. The right of a party to confront and cross-
examine opposing witnesses in a judicial litigation is a personal one SUGGESTED ANSWER
which may be waived, expressly or impliedly, by conduct amounting to a
renunciation of the right of cross-examination. Where a party has had As counsel for Chika, I would recommend that she immediately procure
the opportunity to cross-examine a witness but failed to avail himself of the appointment of an executor or administrator for the estate of Gringo.
it, he necessarily forfeits the right to cross-examine and the testimony Section 16, Rule 3 of the 1997 Rules of Civil Procedure provides that if
given on direct examination of the witness will be received or allowed to no legal representative is named by the counsel for the deceased party,
remain in the record. The conduct of a party which may be construed as or if the one so named shall fail to appear within the specified period,
an implied waiver of the right to cross-examine may take various forms. the court may order the opposing party, within a specified time, to
The common basic principle underlying the application of the rule on procure the appointment of an executor or administrator for the estate of
implied waiver is that the party was given the opportunity to confront and the deceased, and the latter shall immediately appear for and on behalf
cross-examine an opposing witness but failed to take advantage of it for of the deceased. The court charges in procuring such appointment, if
reasons attributable to himself alone (People of the Philippines v. defrayed by the opposing party, may be recovered as costs. After the
Adones Abatayao, G.R. No. 139456, July 7, 2004). Under the Doctrine appointment of an executor or administrator, the action shall be allowed
of incomplete testimony, the direct testimony of a witness who dies to continue until entry of final judgment. A favorable judgment obtained
before conclusion of the cross-examination can be stricken only insofar by the plaintiff therein shall be enforced in the manner especially
as not covered by the cross-examination (Curtice v. West, 2 NYS provided in these Rules for prosecuting claims against the estate of a
507,50 Hun 47, affirmed 24 N.E. 1099, 121 N.Y. 696), and that a referee deceased person (Section 20, Rule 3, Rules of Court).
has no power to strike the examination of a witness on his failure to
appear for cross-examination where a good excuse is given (People v. ANOTHER SUGGESTED ANSWER
Hon. Alberto V. Seneris, G.R. No. L-48883 August 6, 1980). At any rate,
the accused may be deemed to have waived his right to confront and
As counsel for Chika, I would recommend the filing of the money
judgment as a claim against the estate of Gringo. Under Section 20. (A) In executing a warrantless arrest under Section 5, Rule 113, the
Rule 3 of the Rules of Court, when the action is on recovery of money Supreme Court held that the requirement that an offense has just been
arising from contract, express or implied, and the defendant dies before committed means that there must be a large measure of immediacy
entry of final judgment in the court in which the action was pending at between the time the offense was committed and the time of the arrest
the time of such death, it shall not be dismissed but shall instead be (Joey M. Pestilos v. Moreno Generoso, G.R. No. 182601, November 10,
allowed to continue until entry of final judgment. A favorable judgment 2014). If there was an appreciable lapse of time between the arrest and
obtained by the plaintiff therein shall be enforced in the manner the commission of the crime, a warrant of arrest must be secured. In
especially provided in these Rules for prosecuting claims against the any case, personal knowledge by the arresting officer is an
estate of a deceased person. Relative thereto, Section 5, Rule 86 of the indispensable requirement to the validity of a valid warrantless arrest.
Rules of Court provides that all claims for money against the decedent, The exact period varies on a case to case basis. In People v. Gerente
arising from contract, express or implied, whether the same be due, not (G.R. Nos. 95847-48, March 10, 1993), the Supreme Court ruled that a
due, or contingent, all claims for funeral expenses and expenses for the warrantless arrest was validly executed upon therein accused three (3)
last sickness of the decedent, and judgment for money against the hours after the commission of the crime. In People v. Tonog, Jr. (G.R.
decedent, must be filed within the time limited in the notice; otherwise No. 94533. February 4, 1992), the Supreme Court likewise upheld the
they are barred forever. valid warrantless arrest which was executed on the same day as the
commission of the crime. However, in People v. Del Rosario (G.R. No.
Accordingly, I would recommend the filing of the money judgment as a 127755. April 14, 1999, 365 Phil. 292), the Supreme Court held that the
claim against the estate of Gringo. cantless arrest effected a day after the commission of the crime is
invalid. In Go v. Court of Appeals (G.R. No. 101837, February 11,
XVI 1992), Supreme Court also declared invalid a warrantless arrest
effected (6) days after the commission of the crime.
Under Section 5, Rule 113 a warrantless arrest is allowed when an
offense has just been committed and the peace officer has probable (B) The phrase “personal knowledge of the facts and circumstances that
cause to believe, based on his personal knowledge of facts or the person to be arrested committed it” means that matters in relation to
circumstances, that the person to be arrested has committed it. A the supposed commission of the crime were within the actual
policeman approaches you for advice and asks you how he will execute perception, personal evaluation or observation of the police officer at the
a warrantless arrest against a murderer who escaped after killing a scene of the crime. Thus, even though the police officer has not seen
person. The policeman arrived two (2) hours after the killing and a someone actually fleeing, he could still make a warrantless arrest if,
certain Max was allegedly the killer per information given by a witness. based on his personal evaluation of the circumstances at the scene of
He asks you to clarify the following: the crime, he could determine the existence of probable cause that the
person sought to be arrested has committed the crime; however, the
(A) How long after the commission of the crime can he still execute the determination of probable cause and the gathering of facts or
warrantless arrest? (2.5%) circumstances should be made immediately after the commission of the
crime in order to comply with the element of immediacy.
(B) What does “personal knowledge of the facts and circumstances that
the person to be arrested committed it” mean? (2.5%) The arresting officer’s determination of probable cause under Section
5(b), Rule 113 of the Revised Rules of Criminal Procedure is based on
SUGGESTED ANSWER his personal knowledge of facts or circumstances that the person sought
to be arrested has committed the crime. These facts or circumstances form; and (c) That more than one offense is charged except when a
pertain to actual facts or raw evidence, i.e., supported by circumstances single punishment for various offenses is prescribed by law (Section 3
sufficiently strong in themselves to create the probable cause of guilt of Rule 117, Rules of Criminal Procedure).
the person to be arrested. A reasonable suspicion therefore must be
founded on probable cause, coupled with good faith on the part of the In People v. dela Cruz (G.R. Nos. 135554-56, June 21, 2002, 383
peace officers making the arrest. The probable cause to justify SCRA 410); the Supreme Court ruled that the phrase “either by raping
warrantless arrest ordinarily signifies a reasonable ground of suspicion her or committing acts of lasciviousness” does not constitute an offense
supported by circumstances sufficiently strong in themselves to warrant since it does not cite which among the numerous sections or
a cautious man to believe that the person accused is guilty of the subsections of R.A. No. 7610 has been violated by accused-appellant.
offense with which he is charged, or an actual belief or reasonable Moreover, it does not state the acts and omissions constituting the
ground of suspicion, based on actual facts (Joey M. Pestilos v. Moreno offense, or any special or aggravating circumstances attending the
Generoso, G.R. No. 182601, November 10, 2014). same, as required under the rules of criminal procedure. These are
conclusions of law, and not facts. Thus, the information violated
XVII accused’s constitutional right to be informed of the nature and cause of
the accusation against him and therefore should be quashed on the
The information against Roger Alindogan for the crime of acts of ground that the information charges acts that do not constitute an
lasciviousness under Article 336 of the Revised Penal Code avers: offense.

“That on or about 10:30 o’clock in the evening of February 1, 2010 at XVIII

Barangay Matalaba; Imus, Cavite and within the jurisdiction of this
Honorable Court, the above-named accused, with lewd and unchaste John filed a petition for declaration of nullity of his marriage to Anne on
design, through force and intimidation, did then and there, willfully, the ground of psychological incapacity under Article 36 of the Family
unlawfully and feloniously commit sexual abuse on his daughter, Rose Code. He obtained a copy of the confidential psychiatric evaluation
Domingo, a minor of 11 years old, either by raping her or committing report on his wife from the secretary of the psychiatrist. Can he testify
acts of lasciviousness on her, against her will and consent to her on the said report without offending the rule on privileged
damage and prejudice. communication? Explain. (5%)

ACTS CONTRARY TO LAW.” SUGGESTED ANSWER

The accused wants to have the case dismissed because he believes Yes. John can testify. Under the rule on privileged communication, the
that the charge is confusing and the information is defective. What husband or the wife, during or after the marriage, cannot be examined
ground or grounds can be raise in moving for the quashal of the without the consent of the other as to any communication received in
information? (Explain. (5%) confidence by one from the other during the marriage except in a civil
case by one against the other, or in a criminal case for a crime
SUGGESTED ANSWER committed by one against the other or the latter’s direct descendants or
ascendants (Rule 130, Sec. 24 (a), Rules of Court). In this case, Anne
The accused may move to quash the information based on any of the cannot prevent john from testifying against her since the petition for
following grounds: (a) That the facts charged do not constitute an declaration of nullity is a civil case filed by one spouse against the other;
offense; (b) That it does not conform substantially to the prescribed hence, the rule on privileged communication between the spouses does
not apply, John could testify on the confidential psychiatric evaluation Is the RTC judge correct in ordering service of summons by publication?
report of his wife that he obtained from the secretary of the psychiatrist, Explain. (5%)
without offending the rule on privileged communication.
SUGGESTED ANSWER
ALTERNATIVE ANSWER
Yes. The RTC Judge is correct in ordering the service of summons by
No. John cannot testify. A person authorized to practice medicine, pubii cation. An action for declaration of nullity of title and recovery of
surgery or obstetrics cannot in a civil case, without the consent of the ownership of real property, or re-conveyance, is a real action but it is an
patient, be examined as to any advice or treatment given by him or any action in personam, for it binds a particular individual only although it
information which he may have acquired in attending such patient in a concerns the right to a tangible thing. Any judgment therein is binding
professional capacity, which information was necessary to enable him to only upon the parties properly impleaded (Heirs of Eugenio Lopez, Sr. v.
act in that capacity, and which would blacken the reputation of the Enriquez cited in Emerita Munoz v. Atty. Victoriano R. Yabut, jr. and
patient (Section 24 (c), Rule 130, Rules on Evidence). Relative thereto, Samuel Go Chan, G.R. No. 142676, June 6, 2011).
the Rule pertains only to the Physician authorized to practice medicine,
surgery or obstetrics in a civil case who will testify without the consent of In an action in personam, jurisdiction over the person of the defendant.
the patient. The husband can testify, therefore, on the copy of the is necessary for the court to validly try and decide the case. Jurisdiction
psychiatric evaluation report on his wife that he obtained from the over the person of a resident defendant who does not voluntarily appear
secretary of the psychiatrist. After all, the husband can testify because in court can be acquired by personal service of summons as provided
the marital disqualification rule does not apply in a civil case filed by one under Section 7, Rule 14 of the Rules of Court. If he cannot be
against the other (Section 22, Rule 130, Rules on Evidence). personally served with summons within a reasonable time, substituted
service may be made in accordance with Section 8 of said Rule
XIX. (Spouses Domingo M. Beleri, et al. vi Hon. Pablo R. Chavez, et al., G.R.
No. 175334, March 26, 2008).
Tristan filed a suit with the RTC of Pasay against Arthur King and/or
Estate of Arthur King for reconveyance of a lot declared in the name of Under Section 14, Rule 14, Rules of Court, in any action where the
Arthur King under TCT No. 1234. The complaint alleged that “onaccount defendant is designated as an unknown owner, or the like, or whenever
Arthur King’s residence abroad up to the present and the uncertainty of his whereabouts are unknown and cannot be ascertained by diligent
whether he is still alive or dead, he or his estate may be served with inquiry, service may, by leave of court, be effected upon him by
summons by publication.” Summons was published and nobody filed publication in a newspaper of general circulation and in such places and
any responsive pleading within sixty (60) days therefrom. Upon motion, for such time as the court may order. This rule applies to any action,
defendants were declared in default and judgment was rendered whether in personam, in rem or quasi in rem (Pedro T. Santos, Jr. v.
declaring Tristan as legal owner and ordering defendants to reconvey PNOC Exploration Corporation, G.R. No. 170943, September 23, 2008).
said lot to Tristan, Jojo, the court-designated administrator of Arthur Clearly, since the action for reconveyance is an action in personam, the
King’s estate, filed a petition for annulment of judgment before the CA RTC Judge is correct in ordering service of summons by publication.
praying that the decision in favor of Tristan be declared null and void for
lack of jurisdiction. He claims that the action filed by Tristan is an action ALTERNATIVE ANSWER
in personam and that the court did not acquire jurisdiction over
defendants Arthur King and/or his estate. On the other hand, Tristan No. The RTC Judge is not correct in ordering service of summons by
claims that the suit is an action in remor at least an action quasi in rem. publication. It is well-settled that in an action in personam wherein the
defendant is a non-resident who does not voluntarily submit himself to First, judgment on the pleadings is available to the plaintiff and not to
the authority of the court, personal service of summons within the state the defendant.
is essential to the acquisition of jurisdiction over her person. This
method of service is possible if such defendant is physically present in Second, judgment on the pleadings. is proper only when the Answer
the country. If he is not found therein, the court cannot acquire fails to tender any issue, that is, if it does not deny the material
jurisdiction over his person and therefore cannot validly try and decide allegations in the complaint or admits said material allegations of the
the case against him (Spouses Domingo M. Belen, et al. v. Hon. Pablo adverse party’s pleadings by admitting the truthfulness thereof and/ or
R. Chavez, et al., G.R. No. 175334, March 26, 2008). Accordingly, the omitting to deal with them at all. Here, while defendants’ Answer to the
RTC Judge is not correct in ordering service of summons by publication. Complaint practically admitted all the material allegations therein, it
nevertheless asserts the affirmative defenses that the loan is not yet
XX. due. As issues obviously arise from these affirmative defenses, a
judgment on the pleadings is clearly improper in this case. Besides, it
Royal Bank (Royal) filed a complaint for a sum of money against Ervin should be emphasized that judgment on the pleadings is based
and Jude before the RTC of Manila. The initiatory pleading averred that exclusively upon the allegations appearing in the pleadings of the
on February 14, 2010, Ervin obtained a loan from Royal in the amount parties and the annexes, if any, without consideration of any : evidence
of P1 million, as evidenced by Promissory Note No.’007 (PN) signed by aliunde. Henceforth, when it appears that not all the material allegations
Ervin. Judé signed a Surety Agreement binding herself as surety for the of the complaint were admitted in the answer for some of them were
loan. Royal made a final demand on February 14, 2015 for Ervin and either denied or disputed, and the defendant has set up certain special
Jude (defendants) to pay, but the latter failed to pay. Royal prayed that defenses which, if proven, would have the effect of nullifying plaintiff’s
defendants Ervini and Jude be ordered to pay the amount of P1 million main cause of action, judgment on the pleadings cannot be rendered
plus interests. In their answer, Ervin admitted that he obtained the loan (Philippine National Bank v. Mereto B. Aznar, G.R. No. 171805, May 30,
from Royal and signed the PN. Jude also admitted that she signed the 2011).
Surety Agreement. Defendants pointed out that the PN did not provide
the due date for payment, and that the loan has not yet matured as the (B) What distinguishes a judgment on the pleadings from a summary
maturity date was left blank to be agreed upon by the parties at a later judgment is the presence of issues in the Answer to the Complaint.
date. Defendants filed a Motion for a Judgment on the Pleadings on the When the Answer fails to tender any issue, that is, if it does not deny the
ground that there is no genuine issue presented by the parties’ material allegations in the complaint or admits said material allegations
submissions. Royal opposed the motion on the ground that the PN’s of the adverse party’s pleadings by admitting the truthfulness thereof
maturity is an issue that must be threshold out during trial. and/or omitting to deal with them at all, a judgment on the pleadings is
appropriate. On the other hand, when the – Answer specifically denies
(A) Resolve the motion with reasons. (2.5%) the material averments of the complaint or asserts affirmative defenses,
or in other words raises an issue, a summary judgment is proper
(B) Distinguish “Summary Judgment” and “Judgment on the Pleadings.” provided that the issue raised is not genuine. A genuine issue means an
(2.5%) issue of fact which calls for the presentation of evidence, as
distinguished from an issue which is fictitious or contrived or which does
SUGGESTED ANSWERS not constitute a genuine issue for trial (Eugenio Basbas v. Beata Sayson
and Roberto Sayson, Jr., G.R. No. 172660, August 24, 2011).
(A) The Motion for judgment on the pleadings should be denied.
 CIVIL LAW annex to the law and therefore cannot be accorded to the status of a
(2016 Bar Exam Q & A) law. Publication of the full text of the law is indispensable for its
effectivity.

I. II.

Section 1 0f P.D. NO. 755 states: With regard to an award of interest in the concept of actual and
compensatory damages, please state the guidelines regarding the
Section 1. Declaration of National Policy – It is hereby declared that the manner of computing legal interest in the following situations:
policy of the State is to provide readily available credit facilities to the
coconut farmers at preferential rates, that this policy can be A) when the obligation is breached and it consists in the payment of a
expeditiously and efficiently realized by the imple mentation of the sum of money like a loan or forbearance of money; (2.5%)
“Agreement for the Acquisition of a Commercial Bank for the Benefit of
the Coconut Farmers’ executed by the Philippine Coconut Authority, the B) when the obligation does not constitute a loan or forbearance of
terms of which’ Agreement’ are hereby incorporated by reference;xxx”
money. (2.5%)
A copy of the Agreement was not attached to the Presidential Decree.
Consider the issuance of BSP-MB Circular No. 799, which became
P.D. No: 755 was published in the Official Gazette but the text of the effective on July 1, 2013.
Agreement described in Section 1 was not published. Can the
Agreement in question be accorded the status of a law? Explain. (5%) SUGGESTED ANSWER

SUGGESTED ANSWERS (A) When the obligation is breached and it consists in the payment of a
sum of money like a loan or forbearance of money, in the absence of
No, the Agreement cannot be accorded the status of a law, A law must stipulation, the rate of interest shall be the legal rate of 6% per annum
be published to become effective. Article 2 of the Civil Code provides (Article 2209 of the Civil Code), which was increased to 12% per NB
that Jaws shall take effect after fifteen (15) days following the Circular No. 905 (Series of 1982), to be computed from default. The
completion of their publication in:the Official Gazetté, unless it is twelve percent 12% per annum legal interest shall apply only until June
otherwise provided. The publication must be of the full text of the law 30, 2013. From July 1, 2013, the new rate of six percent (6%) per
since the purpose of publication is to inform the public of the contents of annum shall be the prevailing rate of interest when applicable (Nacar V.
the law (Tañada v. Tuvera, G.R. N0.63915, April 24, 1985, 136 SCRA Gallery. Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439,
27). In Nagkakaisang Maralitav. Military Shrine Services (G.R. Nos. applying BSP -MB Circular No. 799).
187587 & 187654, June 5, 2013, 675 SCRA 359); the Supreme Court
held that the addendum to the Proclamation issued by President Marcos (NOTE: It is suggested that credit also be given in the event that the
has no force and effect considering that the same was not published in examinees cite Tañada v. Tuvera to support the conclusion that
the Official Gazette. Moreover, the Supreme Court in Cojuangco, Jr. v. publication is unnecessary in the case of interpretative regulations and
Republic (G.R. No. 180705, November 27, 2012, 686 SCRA 472), which those merely internal in nature, as the language of the problem may be
is on all fours with this case, ruled that while the Agreement was interpreted by the examinees to refer only to mere guidelines or
incorporated by reference, it was not reproduced or attached as an directory matters]. The examinee should be given credit if he mentions
that the actual base for computing the interest due on the loan or the foreign divorce decree cannot be recognized by Philippine courts.
forbearance of money, goods or credit is the amount of the loans, Article 26, paragraph 2 of the Family Code provides that where a
forbearance, plus whatever interest is stipulated in writing; otherwise no marriage between a Filipino citizen and a foreigner is validly celebrated
interest may be charged for using the money (Art. 1956 of the Civil and a divorce is thereafter validly obtained abroad by the alien spouse
Code)]. capacitating himor her to remarry, the Filipino spouse shall have
capacity to rerriarry under Philippine law. In Republic v. Orbecido (G.R.
(B) The interest on the amount of damages awarded may be imposed at No. 154380, October 5, 2005, 472 SCRA 114), the Supreme Court ruled
the discretion of the court at the rate of 6% per annum. No interest, that Article 26, paragraph 2 should be interpreted to include cases
however, shall be adjudged on unliquidated claims or damages, except involving parties who, at the time of the celebration of the marriage were
when or until the demand can be established with reasonable certainty. Filipino citizens, but later on, one of them becomes naturalized as a
Accordingly, where the demand is established with reasonable certainty, foreign citizen and obtains a divorce decree. The reckoning point is not
the interest shall begin to run from the time the claim is made judicially their citizenship at the time of celebration of marriage, but their
or extra-judicially, but when such certainty cannot be so reasonably citizenship at the time the divorce decree is obtained abroad by the alien
established at the time the demand is made, the interest shall begin to spouse capacitating him/ her to remarry.
run only from the date the judgment of the court is made (at which time
the quantification of damages may be deemed to have been reasonably ALTERNATIVE ANSWER
ascertained). The actual base for the computation of legal interest shall,
in any case, be on the amount finally adjudged (Nacar v. Gallery The petition should not be granted. A divorce obtained abroad by an
Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439). alien may be recognized in our jurisdiction, provided such decree is
valid according to the national law of the foreigner. However, the divorce
III decree and the governing personal law of the alien spouse who
obtained the divorce must be proven. Our courts do not take judicial
Romeo and Juliet, both Filipinos, got married. After a few years, Juliet notice of foreign laws and judgments; hence, like any other evidentiary
got word from her mother that she can go to the United States for facts, both the divorce decree and the national law of the alien must be
naturalization. Juliet promised she will be back the moment she alleged and proven according to our law on evidence (Republic v.
becomes an American. After sometime, Romeo learned from a friend Orbecido, G.R. No. 154380, October 5, 2005, 472 SCRA 114). In this
that Juliet already became a U.S. citizen and even divorced him to case, no evidence was adduced to prove the divorce between Romeo
marry a wealthy American businessman. Romeo filed a petition before and Juliet and the validity of the same under U.S. law.
the Regional Trial Court praying that an order be issued authorizing him
to remarry pursuant to Article 26 of the Family Code. Decide the petition IV
with reasons: (5%)
Leo married Lina and they begot a son. After the birth of their child, Lina
SUGGESTED ANSWER exhibited unusual behavior and started to neglect her son; she
frequently went out with her friends and gambled in casinos. Lina later
if the time of Juliet’s acquisition of U.S. citizenship preceded the time had extra-marital affairs with several men and eventually abandoned
when she obtained the divorce decree, then the divorce decree can be Leo and their son. Leo was able to talk to the psychiatrist of Lina who
given effect in the Philippines, and consequently, Romeo will be capaci told him that Lina suffers from dementia praecox, a form of psychosis
tated to remarry under Philippine law. On the other hand, if Juliet where the afflicted person is prone to commit homicidal attacks, Leo
obtained the divorce decree before she acquired U.S. citizenship, then was once stabbed by Lina but fortunately he only suffered minor
injuries, Will a Petition for Declaration of Nullity of Marriage filed with the and sale of the lot and filed a suit to nullify the sale because she did not
court prosper? Explain. (5%) give her consent to the sale.

SUGGESTED ANSWER : (A) Will Dorothy’s suit prosper? Decide with reasons. (2.5%)

No, a Petition for Declaration of Nullity of Marriage under Article 36 of (B) Suppose Dorothy was jobless and did not contribute money to the
the Family Code will not prosper. Even if taken as true, the grounds acquisition of the lot and her efforts consisted mainly in the care and
alleged are not sufficient to declare the marriage void under maintenance of the family and household, is her consent to the sale a
“psychological incapacity”. In Santos v. CA (G.R. No. 113054, March 16, prerequisite to its validity? Explain. (2.5%)
1995, 240 SCRA 20), the Supreme Court explained that psychological
incapacity must be characterized by (a) gravity, (b) juridical SUGGESTED ANSWER
antecedence, and (c) incurability, The illness must be shown as
downright incapacity or inability to perform one’s marital obligations, not (A) Yes, Dorothy’s suit will prosper, unless the buyer is a buyer in good
a mere refusal, neglect, difficulty, or much less, ill will. While Lina was faith and for value. The rule of co-ownership governs the property
not examined by a physician, the Supreme Court has ruled in Marcos v. relationship in a union without marriage between a man and a woman
Marcos (G.R. No. 136490, October 19, 2000, 343 SCRA 755), that who are capacitated to marry.each other. Article 14 of the Family Code
actual medical examination need not be resorted to where the totality of is specifically applicable. Under this article, neither party can encumber
evidence presented is enough to sustain a finding of psychological or dispose by acts inter vivos of his or her share in the property acquired
incapacity. However, in this case, the pieces of evidence presented are during cohabitation and owned in common, without the consent of the
not sufficient to conclude that indeed Lina is suffering from other, until after the termination of their cohabitation, thus, Bernard may
psychological incapacity existing already before the marriage, incurable not validly dispose of the lot without the consent of Dorothy as the lot
and serious enough to prevent her from performing her essential marital was acquired through their work during their cohabitation.
obligations.
(NOTE: it is suggested that some credit be given to examinees who
ALTERNATIVE ANSWER reason that Article 147 does not apply because under the facts given,
Dorothy and Bernard were not living together as husband and wife.]
No, a. Petition for Declaration of Nullity of Marriage under Article 36 of
the Family Code will not prosper. However, a Petition for Annulment of (B) Yes, if Dorothy was jobless and did not contribute money to the
Marriage under Article 45 of the Family Code may.prosper, on the acquisition of the lot, her consent is still a prerequisite to the validity of
ground of unsound mind, assuming that Lina’s unsound mind existed at the sale. Under the same article, a party who did not participate in the
the time of the celebration of the marriage. acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former’s efforts
V. consisted in the care and maintenance of the family and the household.
In this case, although the money used to buy the lot was solely from
Bernard and Dorothy lived together as common-law spouses although Bernard, Dorothy’s care and maintenance of the family and household
they are both capacitated to marry. After one year of cohabitation, are deemed contributions in the acquisition of the lot. Article 147, 2nd
Dorothy went abroad to work in Dubai as a hair stylist and regularly sent paragraph is applicable, as the lot is deemed owned in common by the
money to Bernard. With the money, Bernard bought a lot. For a good common-law spouses in equal shares as the same was acquired during
price, Bernard sold the lot. Dorothy came to know about the acquisition
their cohabitation, without prejudice to the rights of a buyer in good faith house. In such case, he shall pay reasonable rent, if Juan does not
and for value. choose to appropriate the house after proper indemnity. It is the owner
of the land who is authorized to exercise the options under Article 448
VI. because his right is older and by principle of accession, he is entitled to
the ownership of the accessory thing.
Pedro bought a parcel of land described as Cadastral. Lot No. 123 and
the title was issued to his name. Juan also bought a lot in the same If Pedro is a builder in good faith and Juan is an owner in bad faith
place, which is described as Cadastral Lot No. 124. Pedro hired a because Juan knew that Pedro was building on his lot and did not
geodetic engineer to determine the actual location of Lot No. 123 but for oppose it (Article 453 par. 2), and Article 454 in relation to Article 447 of
some reason, the engineer pointed to Lot No. 124 by mistake. Pedro the Civil Code applies. Juan shall pay the value of the house and is also
hired a contractor to construct his house and the latter put up a sign liable for reparation of damages; however, Pedro also has the right to
stating the name of the owner of the project and the construction permit remove or demolish the house and ask for damages.
number. It took more than a year before the house was constructed.
When Pedro was already residing in his house, Juan told him to remove (B) If Pedro is a builder in bad faith and Juan is an owner in good faith,
his house because it was built on his (Juan’s) lot. Juan has three options. He may appropriate the improvements without
indemnity under Article 449 of the Civil Code, or demand the demolition
Juan filed a Complaint for Recovery of Possession and prayed that the of the house in order to replace things to their former condition at
house be removed because Pedro is a builder in bad faith. Pedro filed Pedro’s expense under Article 450; or compel Pedro to pay the price of
his Answer with Counterclaim that he is entitled to the payment of the the land. In addition to these options, Juan is also entitled to damages
value of the house plus damages because he is a builder in good faith from Pedro. If Pedro is a builder in bad faith and Juan is an owner in
and that Juan is guilty of estoppel and laches. bad faith, it shall be as if both of them were in good faith (Article 453,
New Civil Code).
(A) If Pedro is a builder in good faith, what are the rights given to Juan
under the law? Explain. (2.5%) VII

(B) If Pedro is a builder in bad faith, what are the rights given to Juan Benjamin is the owner of a titled lot which is bounded on the north by
under the law? Explain. (2.5%) the Maragondon River. An alluvial deposit of two (2) hectares was
added to the registered area. Daniel took possession of the portion
SUGGESTED ANSWER formed by accretion and claims that he has been in open, continuous
and undisturbed possession of said portion since 1923 as shown by a
(A) If Pedro is a builder in good faith and Juan is an owner in good faith, tax declaration. In 1958, Benjamin filed a complaint for Quieting of Title
Juan has the right to appropriate as his own the house after payment of and contends that the alluvium belongs to him as the riparian owner and
indemnity provided for in Articles 546 and 548 of the Civil Code, which that since the allu viurn is, by law, part and parcel of the registered
are the necessary and useful expenses. As to useful expenses, juan property, the same may be considered as registered property, Decide
has the option to either refund the amount of the expenses, or pay the the case and explain. (5%)
increase in value which the land may have acquired by reason thereof.
Alternatively, under Article 448 of the Civil Code, Juan has the right to SUGGESTED ANSWER
oblige Pedro to pay the price of the land. However, Pedro cannot be
obliged to buy the land if its value is considerably more than that of the
i will decide in favor of Daniel and dismiss the action to quiet title filed by August 9, 2010, 627 SCRA 443). The right of joven and Juliana to
Benjamin, Under Article 457 of the Civil Code, the owner of lands recover is not barred by laches, either. Laches deals with unreasonable
adjoining the banks of rivers belong the accretion which they gradually delay in filing the action. The owners’ delay, if any, cannot be construed
receive from the effects of the current of the waters. The accretion as deliberate and intentional. They were simply coerced out of Cotabato
however, does not automatically become registered land. It must be and threatened with death if they returned, and, thus, could not have
brought under the Torrens system of registration by Benjamin, the filed the action.
reparian owner. Since he did not, the then increment, not being
registered land, was open to acqui sition through prescription by third IX
persons, like Daniel (Grande v. Court of Appeals, G.R. No. L-17652,
June 30, 1962,5 SCRA 524; Cureg v. Intermediate Appellate Court, Butch got a loan from Hagibis Corporation (Hagibis), but he defaulted in
G.R. No, 73465, September 7, 1989, 177 SCRA 313). the payment. A case for collection of a sum of money was filed against
him. As a defense, Butch claims that there was already an arrangement
VIII with Hagibis on the payment of the loan. To implement the same, Butch
already surrendered five (5) service utility vehicles (SUVS) to the
Joven and Juliana are the owners of a 30-hectare plantation in company for it to sell, and the proceeds to be credited to the loan as
Cotabato, covered by a title. One day, a group of armed men forcibly payment. Was the obligation of Buich extinguished by reason of dacion
entered their house and, at gun point, forced them to sign a Deed of en pago upon the surrender of the SUVs? Decide and explain.(5%)
Absolute Sale in favor of Romeo. Romeo got the title from them and
they were ejected from the house and threatened not to come back or SUGGESTED ANSWER:
else they will be killed. The spouses went to Manila and resided there
for more than 35 years. They never went back to Cotabato for fear of No, the obligation of Butch to Hagibis was not extinguished by the mere
their lives. Word came to them that peace and order have been restored surrender of the SUV’s to the latter. Dation in payment whereby prop
in their former place of residence and they decided to reclaim their land erty is alienated to the creditor in satisfaction of a debt in money, shall
for the benefit of their grandchildren: Joven and Juliana filed a suit for be governed by the law of sales. (Article 1245). In dacion en pago, as a
reconveyance of their property. This was opposed by the grandson of special mode of payment, the debtor offers another thing to the creditor
Romeo to whom the title was eventually transferred, on the ground of who accepts it as equivalent of payment of an outstanding debt. The
laches and prescription. Decide the case and rule on the defenses of undertaking really partakes in one sense of the nature of sale, that is,
laches and prescription. Explain your answer. (5%) the creditor is really buying the thing or property of the debtor, payment
for which is to be charged against the debtor’s debt. As such, the
SUGGESTED ANSWER essential elements of a contractofsale, namely; consent, object certain,
and cause or consideration must be present. In dacion en pago there is
The right of the registered owners, Joven and Juliana, to file suit to in reality an objective novation of the obligation where the thing offered
recover their property, is not barred by prescription. Under Section 47 of as an accepted equivalent of the performance of an obligation is
P.D. No. 1529, no title to registered land in derogation of the title of the considered as the object of the contract of sale, while the debt is
registered owner shall be acquired by prescription or adverse considered as the purchase price. In any case, common consent is an
possession. Proof of possession by the owner in an action for essential prerequisite, be it sale or innovation to have the effect of totally
reconveyance is immaterial and inconsequential. The right to recover extinguishing the debt or obligation (Filinvest Credit Corporation v,
possession is equally imprescriptible since possession is a mere Philippine Acetylene Company, inc., G.R. No. L-50449 January 30,
consequence of ownership (Republic v. Mendoza, G.R. No. 185091, 1982). There being no mention in the facts that Hagibis has given its
consent to accept the SUVs as equivalent payment, the obligation of who binds himself solidarily (Article 2047 2nd par.CC). The Supreme
Butch is not thereby extinguished by mere delivery of the SUVS. Court has held that there is no reason why the provisions of Article 2079
would not apply to a surety (Autocorp Group v. Intra Strata Assurance
X Corporation, G.R. No. 166662, June 27, 2008, 556 SCRA 250). Article
2079 of the Civil Code provides that an extension granted to the debtor
Jerico, the project owner, entered into a Construction Contract with Ivan by the creditor without the consent of the guarantor extinguishes the
for the latter to construct his house. Jojo executed a Surety undertaking guaranty. The changes in the work schedule amount to an extension
to guarantee the performance of the work by Ivan, Jerico and Ivan later granted to the debtor without the consent of the surety. Hence, Jojo‘s
entered into a Memorandum of Agreement (MOA) revising the work obligation as a surety is extinguished. If the change of work schedule,
schedule of ivan and the subcontractors. The MOA stated that all the on the other hand, shortens the time of completion of the project, it will
stipulations of the original contract not in conflict with said agreement amount to a novation. The old obligation, where Jojo was obligated as a
shall remain valid and legally effective. Jojo filed a suit to declare him surety is extinguished relatively as to him, leaving Ivan as still bound.
relieved of his undertaking as a result of the MOA because of the
change in the work schedule. Jerico claims there is no novation of the XI
Construction Contract Decide the case and explain. (5%)
Ellen entrusted her title over the lot where she is residing to Patrick, her
SUGGESTED ANSWER nephew, for safekeeping because of her poor eyesight. Patrick, a
gambler, prepared a Special Power of Attorney empowering him to
I will decide in favor of Jerico as there is no novation of the Construction mortgage the lot. Ellen’s signature was forged. With the help of Julia
Contract. Novation is never presumed, and may only take place when who represented herself as Ellen; Mega Bank granted a loan to Patrick
the following are present: (1) a previous valid obligation; (2) the secured by a mortgage on Ellen’s lot. Due to non-payment, Mega Bank
agreement of all the parties to the new contract; (3) the extinguishment foreclosed the mortgage and was declared the highest bidder. Title was
of the old contract; and (4) validity of the new one. There must be later registered in the name of the bank. When Ellen was notified that
consent of all the parties to the substitution, resulting in the extinction of she should vacate the premises, she filed a complaint to nullify the loan
the old obligation and the creation of a new valid one. In this case, the with mortgage, the auction sale and the title of Mega Bank on the
revision of the work schedule of Ivan and the subcontractors is not ground that the bank is not a mortgagee in good faith. Decide the case
shown to be so substantial as to extinguish the old contract, and there with reasons. (5%)
was also no irreconcilable incompatibility between the old and new
obligations. It has also been held in jurisprudence that a surety may only SUGGESTED ANSWER
be relieved of his undertaking if there is a material change in the
principal contract and such would make the obligation of the surety I will decide in favor of Ellen. Banks, their business being impressed
onerous. The principal contract subject of the Surety agreement still with public interest, are expected to exercise more care and prudence
exists, and Jojo is still bound as a surety. than private individuals in their dealings, even those involving registered
lands. The highest degree of diligence is expected, and high standards
ALTERNATIVE ANSWER of integ rity and performance are even required of it.

I will decide against Jerico. The provisions of the Civil Code (CC) on A mortgagee – usually, can rely on what appears on the certificate of
Guarantee, other than the benefit of excussion (Article 2059 (2) CC), are title presented by the mortgagor and an innocent mortgagee is not
applicable and available to the surety because a surety is a guarantor expected to conduct an exhaustive investigation on the history of the
mortgagor’s title. This rule is, however, strictly applied against banking claims it is a valid sale with pacto de retro and Ariel clearly failed to
institutions. Mega Bank cannot be considered a mortgagee in good faith redeem the property. As the RTC judge, decide the case with reasons.
as it failed to inspect the disputed property when offered to it as security (5%)
for the loan, which could have led it to discover the forged Special
Power of Attorney. SUGGESTED ANSWER

ALTERNATIVE ANSWER I will decide in favor of Ariel and allow the reformation of the agreement.
The DAS and the redemption agreement constitute an equitable
I will decide in favor of Ellen, the victim of a forged document, Section mortgage and Ariel may ask for the reformation of the agreement to that
52 of P.D. No. 1529.provides that after the entry of a decree of of a Loan with Real Estate Mortgage as allowed by Article 1605 of the
registration, any subsequent registration procured by a forged deed Civil Code (CC). The circumstances clearly show that the agreement is
shall.be null and void, even if accompanied by the owner’s duplicate an equitable mortgage, such as the: a) price of the lot was inadequate
certificate of title. In this case, the registered owner, Ellen, did not lose since it was only sold at P300,000 when the prevailing market value of
her title, and neither did the mortgagee, Mega Bank, acquire any right to such was P900,000;
the property (Joaquin V. Madrid, G.R. No* L-13551, January 30, 1960,
106 Phil. 1060). The bank was defrauded because it believed the b) the vendor, Ariel, remained in actual possession of the property after
imposter who had, without authority, gained possession of Ellen’s the purported sale; and c) Ariel was the one who paid the real property
certificate of title, and who then forged her signature to the deed of taxes. Under the circumstances, a presumption arises under Article
mortgage (De Lara v. Ayroso, G.R. No. L-6122, May 31, 1954, 95 Phil, 1602 C.C. that what was really executed was an equitable mortgage.
185). It is not a mortgagee in good faith. Moreover, Article 1603 C.C. provides that in case of doubt, a contract
purporting to be a sale with right to repurchase shall be construed as an
XII equitable mortgage.

On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) XIII
with Noel where the former sold his titled lot in Quezon City with an area
of three hundred (300) square meters to the latter for the price of P300, Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP)
000.00. The prevailing market value of the lot was P3,000.00 per square the amount of P20,000.00 to his daughter, Paula, for the payment of her
meter. On March 20, 2008, they executed another “Agreement to Buy tuition fee. Paula went to an RPP branch but was informed that there
Back/Redeem Property” where Ariel was given an option to repurchase was no money remitted to her name. Peter inquired from RPP and was
the property on or before March 20, 2010 for the same price. Ariel, informed that there was a computer glitch and the money was credited
however, remained in actual possession of the lot. Since Noel did not to another person. Peter and Paula sued RPP for actual damages,
pay the taxes, Ariel paid the real property taxes to avoid a delinquency moral damages and exemplary damages. The trial court ruled that there
sale. On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a was no proof of pecu niary loss to the plaintiffs but awarded moral
manager’s check for P300,000.00 manifesting that he is redeeming the damages of. P20,000.00 and exemplary damages of P5,000.00. On
property. Noel rejected the redemption claiming that the DAS was a true appeal, RPP questioned the award of moral and exemplary damages. Is
and valid sale representing the true intent of the parties. Ariel filed a suit the trial court correct in awarding moral and exemplary damages?
for the nullification of the DAS or the reformation of said agreement to Explain. (5%)
that of a loan with Real Estate Mortgage. He claims the DAS and the
redemption agreement constitute an equitable mortgage. Noel however SUGGESTED ANSWER
 date when the lot was declared A and D or from the date of actual
No, the trial court is not correct in awarding moral and exemplary possession of the applicant? Explain. (5%)
damages. The damages in this case are prayed for based on the breach
of contract committed by RPP in failing to deliver the sum of money to if the trial court finds that there was gross negligence on the part of
Paula. Under the provisions of the Civil Code, in breach of contract, RPP, the award of moral damages and exemplary damages would be
moral damages may be recovered when the defendant acted in bad proper. RPP merely alleged that the failure to remit the money to Paula
faith or was guilty of gross negligence (amounting to bad faith) or in was caused by a computer glitch, büt’this bare assertion does not
wanton disregard of his contractual obligation. In the same fashion, to preclude the possi bility that the trial court found gross negligence
warrant the award of exemplary damages, the wrongful act must be (equivalent to bad faith) on the part of RPP Under Article 2220 of the
accomplished by bad faith, and an award of damages would be allowed Civil Code, moral damages may be awarded in cases of breaches of
only if the guilty party acted in a wanton, fraudulent, reckless or contract where the defendant acted fraudulently or in bad faith.
malevolent manner (Article 2232 of the Civil Code) Likewise, Article 2232 provides that the court may award exemplary
damages in contracts if the defendant acted in a wanton, fraudulent,
Bad faith does not simply connote bad judgment or negligence. It reckless, oppressive or malevolent manner.
imports a dishonest purpose or some moral obliquity and conscious
doing of a wrong, a breach of known duty through some motive or SUGGESTED ANSWER
interest or ill will that partakes of the nature of fraud. In this case,
however, RPP’s breach was due to a computer glitch which at most can Arthur’s possession should be reckoned from the date of his actual
be considered as negligence on its part, but definitely does not possession, by himself and his predecessors-in-interest, since 1936.
constitute bad faith or fraud as would warrant the award of moral and Under Section 48(b) of CA. 141, as amended by PD No. 1973, the
exemplary damages. length of the requisite possession was changed from possession for
“thirty (30) years immediately preceding the filing of the applications to
XIV possession “since June 12, 1945 or earlier”. But possession is different
from classification. As held in Malabanan v. Republic (G.R. No. 179987,
On February 28, 1998, Arthur filed an application for registration of title April 29, 2009, 587 SCRA . 172), it is only necessary that the land be
of a lot in Ternate, Cavite before the Regional Trial Court of Naic, Cavite already classified as A and D “at the time the application for registration
under Section 48(6) of Commonwealth Act No. 141 (CA 141) for judicial is filed” to make public the release of the property for alienation or
confirmation of imperfect title. Section 48(b) of CA 147 requires disposition. But the possession of Arthur even prior to the classification
possession counted from June 12, 1945. Arthur presented testimonial of the land as A and D shall be counted in determining the period of
and documentary evidence that his possession and that of his possession.
predecessors-in interest started in 1936. The lot was declared alienable
and disposable (A and D) in 1993 based on a PENRO certification and a ALTERNATIVE ANSWER
certified true copy of the original classification made by the DENR
Secretary. The government opposed the application on the ground that Arthur’s possession should be reckoned from the date the Ternate lot
the lot was certified A and D only in 1993 while the application was was declared alienable and disposable land of the public domain. In
instituted only in 1998. Arthur’s possession of five (5) years from the Zarate v. Director of Lands (G.R. No. 131501, July 14, 2004), the
date of declaration does not comply with the 30-year period required Supreme Court, citing the case of Bracewell v. CA (G.R. No. 107427,
under CA 141. Should the possession of Arthur be reckoned from the January 25, 2000), ruled that ‘possession of the property prior to the
classification thereof as alienable or disposable, cannot be credited as
part of the thirty (30) year required under Section 48(b) of CA No. 341, judicially declaring the Contract to Sell rescinded and of no legal and
as amended. in Heirs of Malabanan v. Republic (G.R. No. 179987, binding effect. Peter further stated that failure on the part of Paul to
September 3, 2010), the Supreme Court explained that the possession contest the rescission within thirty (30) days from receipt of said letter
of Arthur should be reckoned only from the date lots A and D were shall mean that the latter agreed to the rescission.
declared as alienable and disposable by the State and not from the date
of actual possession:Section 48(b) of the Public Land Act’used the Paul did not reply to this letter for five (5) years. Thus, Peter decided to
words “lands of the public domain” or “alien able and disposable lands sell his lot to Henry in 2021. After hearing that Henry bought the lot,
of the public domain” to clearly signify that lands otherwise classified; Paul now questions the sale of the lot to Henry and files a complaint for
j.e., mineral, forest or timber, or national parks, and sands of patrimonial nullification of the sale.
or private ownership, are outside the coverage of the Public Land Act.
What the law does not include, it excludes. The use of the descriptive (A) Is the exercise by Peter of his power to rescind extra-judicially the
phrase “alienable and disposable” further limits the coverage of Section Contract to Sell the proper and legal way of rescinding said contract?
48(b) to only the agricultural lands of the public domain. Section 48(b) of Explain. (2.5%)
the Public Land Act, in relation to Section 14(1) of the Property
Registration Decree, presupposes that the land subject of the (B) in case Paul made a down payment pursuant to a stipulation in the
application for registration must have been already classified as Contract to Sell, what is the legal remedy of Peter? (2.5%)
agricultural land of the public domain in order for the provision to apply.
Thus, absent proof that the land is already classified as agricultural land SUGGESTED ANSWER
of the public domain, the Regalian Doctrine applies, and overcomes the
presumption that the land is alienable and disposable as laid down in (A) As a general rule, the power to rescind an obligation must be
Section 48(b) of the Public Land Act (Heirs of Malabanan v. Republic, invoked judicially and cannot be exercised solely on a party’s own
G.R. No. 179987 September 3, 2013). judgment that the other has committed a breach of the obligation. This is
so because rescission of a contract will not be permitted for a slight or
The basis of the 30 year open continuous and notorious possession in casual breach, but only for such substantial and fundamental violations
the concept of owner of A and D land is extraordinary acquisitive as would defeat the very object of the parties in making the agreement.
prescription of immovable property, Lands classified as forest, mineral, However, rescission as a remedy for breach is applicable only to an
and national parks are properties of public dominion which cannot be obligation which is extant. Be it noted that the contract between the
acquired by acquisitive prescription. parties.is a contract to sell and not a contract of sale and in a contract to
sell, there is a reservation of ownership on the part of the seller and his
XV obligation to convey title will only arise upon full payment of the
purchase price. Nonetheless, Peter may validly cancel the contract to
Peter and Paul entered into a Contract to Sell whereby Peter, the lot sell (Olivarez v. Castillo, G.R. No. 196251, July 9, 2014).
owner, agreed to sell to Paul his lot on November 6, 2016 for the price
of P1,000,000.00 to be paid at the residence of Peter in Makati City at ALTERNATIVE ANSWER
1:00 p.m. If the full price is paid in cash at the specified time and place,
then Peter will execute a Deed of Absolute Sale and deliver the title to (A) (1) Yes, Peter validly rescinded the contract to sell his lot to Paul for
Paul. On November 6, 2016, Paul did not show up and was not heard of the latter’s failure to comply with his prestation to pay P1,000,000.00 on
from that date on. In view of the nonperformance by Paul of his November 6, 2016 at 1:00.p.m. at the residence of Peter so that Peter
obligation, Peter sent a letter to Paul that he is expressly and extra- will execute the Deed of Absolute Sale: The
 descendant of a legitimate child cannot. Decide the case and explain.
rescission is actually the resolution of the reciprocal obligation (2) in UP (5%)
v. De los Angeles (G.R. No. L-28602, September 29, 1970, 35 SCRA
102), the Supreme Court ruled that the injured party may consider the SUGGESTED ANSWER
contract as rescinded and act accordingly, even without prior court
action. His unilateral determination however, is provisional, since the I will deny the motion of Tomas, Jr. to be declared as an heir of the
other party may challenge it by suing him in court. It is then the court deceased. Tomas jr., being an illegitimate child of the deceased
which will finally determine if the rescission should be set aside or legitimate son, Tomas, cannot inherit ab intestate from the deceased,
affirmed. Don Ricardo, because of the iron curtain rule under Article 992 of the
Civil Code. Tomas cannot argue that Article 992 is violative of the equal
SUGGESTED ANSWER protection clause because equal protection simply requires that all
persons or things similarly situated should be treated alike, both as to
(B) If. Paul made a down payment, Peter may still cancel the contract rights conferred and responsibilities imposed (Ichong v. Hernandez,
because in a contract to sell, the seller does not yet agree to transfer G.R. No. L-7995, May 31, 1957, 101 Phil: 7755). It, however, does not
ownership to the buyer. The non-payment of the price in a contract to require the universal application of the laws to all persons or things
sell is not a breach for which the remedy of rescission may be availed without distinction. What it simply requires is equality among equals as
of, but rather it is considered as a failure to comply with a positive determined according to a valid classification Indeed, the equal
suspen şive condition which will prevent the obligation of the seller to protection clause permits classification.
convey title from acquiring obligatory force (Ursal v. Court of Appeals.
G.R. No. 142411, October 14, 2005, 473 SCRA 52, citing Chua v. Court XVII
of Appeals, G.R. No. 144881, October 16, 2003, 401 SCRA 54).
Macario bought a titled lot from Ramon, got the title and took
XVI possession of the lot. Since Macario did not have the money to pay the
taxes, fees and registration expenses, he was not able to register the
Don Ricardo had 2 legitimate children-Tomas and Tristan. Tristan has 3 Deed of Absolute Sale. Upon advice, he merely executed an Affidavit of
children. Meanwhile, Tomas had a relationship with Nancy, who was Adverse Claim and had it annotated at the back of the title. A few years
also single and had the legal capacity to marry. Nancy became pregnant after, he received a Notice of Levy on Attachment and Writ of
and gave birth to Tomas, Jr. After the birth of Tomas, Jr., his father, Execution.in favor of Alex. The notice, writ and certificate of sale were
Tomas, died. Later, Don Ricardo died without a will and Tristan opposed annotated at the back of the title still in Ramon’s name. Alex contends
the motion of Tomas, Jr. to be declared an heir of the deceased since that since the Affidavit of Adverse Claim is effective only for 30 days
he is an illegitimate child. Tomas, Jr.countered that Article 992 of the from the date of its registration, then its validity has expired. Macario
Civil Code is unconstitutional for violation of the equal protection of the posits that the annotation of his adverse claim is notice to the whole
laws. He explained that an illegitimate child of an illegitimate parent is world of his purchase of the lot in question. Who has the superior right
allowed to inherit under Articles 902,982 and 990 of the Civil Code while over the disputed property–Macario or Alex? Explain.(5%)
he-an illegitimate child of a legitimate father-cannot. Civil Law
commentator Arturo Tolentino opined that Article 992 created an SUGGESTED ANSWER
absurdity and committed an injustice because while the illegitimate
descendant of an illegitimate child can represent, the illegitimate Macario is preferred since the registration of his adverse claim was
made ahead of the notice of levy and writ of execution in favor of Alex.
Macario’s adverse claim, coupled with the fact that he was in
possession of the disputed property, are circumstances which should Is St. Vincent’s Hospital liable for the negligence of Dr. Jack? Explain
have put Alex on constructive notice that the property being offered to your answer. (5%)
him had already been sold to another (Ching v. Enrile, G.R. No. 156076,
September 17, 2008). The contention that the adverse claim is effective SUGGESTED ANSWER
only for 30 years is puerite. in Sajonas v. Court of Appeals (G.R. No.
102377, July 5, 1996, 258 SCRA 79), the Court held that the adverse Yes, St. Vincent’s Hospital is liable. In the case of Professional Services
claim does not ipso facto lose its validity since an independent action is v. Agana (G.R. No.126297, January 31, 2007, 513 SCRA 478), the
still necessary to render it ineffective. Until then, the adverse claim shall Supreme Court heid that the hospital is liable to the Aganas, not under
continue as a prior lien on the property. the principle of respondeat superior for lack of evidence of an employer-
employee rela tionship with Dr. Ampil but under the principle of
XVIII ostensible agency for the negligence of Dr. Ampil and, pro hac vice,
under the principle of corporate negligence for its failure to perform its
Dr. Jack, a surgeon, holds clinic at the St. Vincent’s Hospital and pays duties as a hospital. .
rent to the hospital. The fees of Dr. Jack are paid directly to him by the
patient or through the cashier of the hospital. The hospital publicly While it is true that there was insufficient evidence that St. Vincent’s
displays in the lobby the names and specializations of the doctors Hospital exercised the power of control or wielded such power over the
associated or accredited by it, including that of Dr. Jack. Marta engaged means and the details of the specific process by which Dr. Jack applied
the services of Dr. Jack because of recurring stomach pain. It was his skills in Marta’s treatment, there is ample evidence that St. Vincent’s
diagnosed that she is suffering from cancer and had to be operated on. Hospital held out to the patient, Marta, thatDr. Jack was its agent
Before the operation, she was asked to sign a “consent for hospital (principle of ostensible agency). The two factors that determine
care,” which reads. apparent authority are present: (1) the hospital’s implied manifestation
to the patient which led the latter to conclude that the doctor was the
“Permission is hereby given to the medical, nursing and laboratory staff hospital’s agent; and (2) the patient’s reliance upon the conduct of the
of the St. Vincent’s Hospital to perform such procedures and to hospital and the doctor, consistent with ordinary care and prudence.
administer such medications and treatments as may be deemed
necessary or advisable by the physicians of this hospital for and during The corporate negligence ascribed to St. Vincent’s Hospital is different
the confinement.” from the medical negligence attributed to Dr. Jack. The duties of the
hospital are distinct from those of the doctor-consultant practicing within
After the surgery, the attending nurses reported that two (2) sponges its premises in relation to the patient; hence, the failure of St. Vincent’s
were missing. Later, Marta died due to complications brought about by Hospital to fulfill its duties as a hospital corporation gave rise to a direct
the sponges that were left in her stomach. The husband of Marta sued liability to Marta distinct from that of Dr. Jack.
the hospital and Dr. Jack for damages arising from negligence in the
medical procedure. The hospital raised the defense that Dr. Jack is not XIX
its employee as it did not hire Dr. Jack nor pay him any salary or
compensation. It has absolutely no control over the medical services Brad and Angelina had a secret marriage before a pastor whose office
and treatment being provided by Dr. Jack. Dr. Jack even signed an is located in Arroceros Street, City of Manila. They paid money to the
agreement that he holds the hospital free and harmless from any liability pastor who took care of all the documentation. When Angelina wanted
arising from his medical practice in the hospital. to go to the U.S., she found out that there was no marriage license
issued to them before their marriage. Since their marriage was 1033), the old rule is that where a marriage is illegal and void from its
solemnized in 1995 after the effectivity of the Family Code, Angelina performance, no judicial petition is necessary to establish its invalidity.
filed a petition for judicial declaration of
ALTERNATIVE ANSWER
(A) Decide the case and explain. (2.5%)
(B) Irrespective of when the marriage took place, other than for
(B) In case the marriage was solemnized in 1980 before the effectivity of
the Family Code, is it required that a judicial petition be filed to declare purposes of remarriage, no judicial action is necessary to declare a
the marriage null and void? Explain. (2.5%) marriage an absolute nullity. For other purposes, such as but not limited
to determination of heirship, legitimacy or illegitimacy of a child,
SUGGESTED ANSWER settlement of estate, dissolution of property regime, or a criminal case
for that matter, the court may pass upon the validity of marriage even in
(A) I will grant the petition for judicial declaration of nullity of Brad and a suit not directly instituted to question the same so long as it is
Angelina’s marriage on the ground that there is a lack of a marriage essential to the determination of the case. This is without prejudice to
license. Article 3 of the Family Code provides that one of the formal any issue that may arise in the case. When such need arises, a final
requisites of marriage is a valid marriage license and Article 4 of the judgment of declaration of nullity is necessary even if the purpose is
same Code states that absence of any of the essential or formal other than to remarry. The clause on the basis of a final judgment
requisites shall render the marriage void ab initio, in Abbas v. Abbas declaring such previous marriage void in Article 40 of the Family
(G.R. No. 183896, January 30, 2013, 689 SCRA 646), the Supreme Code.connotes that such final judgment need to be obtained only for
Court declared the marriage as void ab initio because there is proof of purpose of remarriage (Ablaza v. Republic, G.R. No. 158298, August
lack of record of marriage license. 11, 2010, 628 SCRA 27).

The certification by the Civil Registrar of Manila that, after a diligent and XX
exhaustive search, the alleged marriage license indicated in the
marriage certificate does not appear in the records and cannot be found Princess married:Roberto and bore a son, Onofre. Roberto died in a
proves that the marriage of Brad and Angelina was solemnized without plane crash Princess later married Märk and they also had a son-Pepito.
the requisite marriage license and is therefore void ab initio. The Onofre donated to Pepito, his half-brother, a lot in Makati City worth
absence of the marriage license was certified to by the local civil p3,000,000.00. Pepito succumbed to an illness and died intestate. The
registrar who is the official custodian of these documents and who is in tot: given to Pepito by Onofre was inherited by his father, Mark. Mark
the best position to certify as to the existence of these records. Also, also died intestate. Lonely, Princess followed Mark to the life beyond.
there is a presumption of regularity in the performance of official duty The claimants: to the subject lot emerged-jojo, the father of Princess;
(Republic v. CA and Castro, G.R. No. 103047, September 2, 1994, 236 Victor, the father of Mark; and Jerico, the father of Roberto.
SCRA 257).
Who among the three (3) ascendants is entitled to the lot? Explain. (5%)
(B) No, it is not required that a judicial petition be filed to declare the
marriage null and void when said marriage was solemnized before the SUGGESTED ANSWER
effectivity of the Family Code. As stated in the cases of People V.
Mendoza (G.R. No. L-5877, September 28, 1954, 95 Phil. 845), and Jojo, Princess’s father, is entitled to the lot: This is a clear case of
People v. Aragon (G.R. No. L-10016, February 28, 1957, 100 Phil. reserva troncal. The Origin is Onofre. The Prepositus is Pepito. The
mode of transmission from Onofre to Pepito is donation (hence by
gratuitous title), The Reservista is Mark, who acquired it from his
descendant (son) Pepito by legitime and intestacy (hence, by operation
of law). The Reservatario is Princess, a relative of the Prepositus Pepito
within the third degree and who belonged to the line of origin (the
maternal line). Line of origin is the maternal line because Onofre (the
Origin) and Pepito. (the Prepositus) are maternal half-blood siblings.
When Mark (Reservista) died, the property passed to Princess as sole.
reservatario, thus extinguishing the reserva troncal. Upon Princess’s
death, the property was transmitted ab intestato to her father Jojo.
Transmission to Jojo is by the ordinary rules of compulsory and intestate
succession, not by reserva troncal, because the reserva was
extinguished upon the transmission of the property to Princess, this
making Princess the absolute owner subject to no reserva.
 CRIMINAL LAW the spoke shares a common purpose to succeed; there is a single
(2016 Bar Exam Q & A) conspiracy. However, in the instances when each spoke is unconcerned
with the success of the other spokes, there are multiple conspiracies. A
“chain conspiracy”, on the other hand, exists when there is successive
communication and cooperation in much the same way as with
I. legitimate business operations between manufacturer and wholesaler,
Explain the application of the Indeterminate. Sentence Law (ISL). (5%) then wholesaler and retailer, and then retailer and consumer (Estrada V.
SUGGESTED ANSWER Sandiganbayan, G.R. No. 148965, February 26, 2002).
The court shall sentence the accused to an indeterminate sentence the III.
maximum term of which shall be that which, in view of the attending
circumstances, could be properly imposed under the rules of the Pedro is married to Tessie. Juan is the first cousin of Tessie, while in the
Revised Penal Code, and the minimum of which shall be within the market, Pedro saw a man stabbing Juan. Seeing the attack on Juan,
range of the penalty next lower to that prescribed by the Code for the Pedro picked up a spade nearby and hit the attacker on his head which
offense; and if the offense is punished by any other law (special law); caused the latter’s death.
the court shall sentence the accused to an indeterminate sentence, the Can Pedro be absolved of the killing on the ground that it is in defense
maximum term of which shall not exceed the maximum. fixed by said of a relative? Explain. (5%)
law and the minimum shall not be less than the minimum term SUGGESTED ANSWER
prescribed by the same (Section 1, ISL, Act No. 4103 as amended by No. The relatives of the accused for purpose of defense of relative
Act No. 4225). The court must, instead of a single fixed penalty, except under Article 11 (2) of the Revised Penal Code are his spouse,
where the imposable penalty is one (1) year or less, determine two ascendants, descendants, or legitimate, natural or adopted brothers or
penalties, referred to in the indeterminate Sentence Law as the sisters, or of his relatives by affinity in the same degrees, and those by
“maximum” and “minimum” terms. consanguinity within the fourth civil degree.

II. Relative by affinity within the same degree includes the ascendant,
(A) Define maifeasance, misfeasance and nonfeasance. (2.5%) descendant, brother or sister of the spouse of the accused. In this case,
(B) Differentiate wheel conspiracy and chain conspiracy. (2.5%) Juan is not the ascendant, descendant, brother or sister of Tessie, the
spouse of Pedro. Relative by consanguinity within the fourth civil degree
SUGGESTED ANSWER includes first cousin. But in this case Juan is the cousin of Pedro by
(A) “Malfeasance” is the doing of an act which a person ought not to do affinity but not by consanguinity, Juan, therefore, is not a relative of
at all. Pedro for purpose of applying the provision on defense of relative.
“Misfeasance” is the improper doing of an act which a person mayor Pedro, however, can invoke defense of a stranger. Under the revised
might lawfully do. Penal Code, a person who defends a person who is.not his relative may
“Nonfeasance” is the omission of an act which a person ought to do. — invoke the defense of a stranger provided that all its elements exist, to
(Black’s Dictionary, 6th Edition, West Publishing 1990) wit: (a) unlawful aggression, (b) reasonable necessity of the means
(B) There are two structures of multiple conspiracies, namely: wheel or employed to prevent or repel the attack; and (c) the person defending
circle conspiracy and chain conspiracy. A “wheel conspiracy” occurs be not induced by revenge, resentment, or other evil motive.
when there is a single person or group (the hub) dealing individually with
two or more other persons or groups (the spokes). The spoke typically IV
interacts with the hub rather than with another spoke, in the event that
Jojo and Felipa are husband and wife. Believing that his work as a his wife or that he or she has not consented to the infidelity of the other
lawyer is sufficient to provide for the needs of their family, Jojo spouse. All the foregoing requisites are present in the case at hand. It is
convinced: Felipa to be a stay-at-home mom and care for their children. a given in the problem that Jojo caught Felipa and Alma in the “act of
One day, Jojo arrived home earlier than usual and caught Felipa in the sexual intercourse.” The law did not qualify that the other person with
act of having sexual inter course with their female nanny, Alma, in their whom the spouse be caught committing sexual intercourse be “male or
matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside female.” Hence, the gender of the paramour, Alma, being of the same
the bedroom cabinet and shot Alma, immediately killing her. gender as the erring spouse, Felipa, is immaterial, The answer given
presupposes that Jojo and Felipa are legally married.
(A) Is Art. 247 (death or physical injuries infiicted under exceptional (B) No. Under Article 333 of the Revised Penal Code, adultery is
circumstances) of the Revised Penal Code (RPC) applicable in this case committed by any married woman who shall have sexual intercourse
given that the paramour was of the same gender as the erring with a “man” not her husband. Thus, Felipa in having homosexual
spouse? (2.5%) intercourse with Alma, a “woman,” is not committing adultery.
V.
(B) Is Felipa liable for adultery for having sexual relations with Alma? Governor A was given the amount of P10 million by the Department of
(2.5%) Agriculture for the purpose of buying seedlings to be distributed to the
farmers. Supposedly intending to modernize the farming industry in his .
SUGGESTED ANSWER province, Governor A bought farm equipment through direct purchase
from XY Enterprise, owned by his kumpare B, the alleged exclusive
(A) No. Art. 247 of the Revised Penal Code is not applicable. distributor of the said equipment. Upon inquiry, the Ombudsman
Under the Revised Penal Code, for Art. 247 to apply, the offender must discovered that Bhas a pending patent application of the said farm
catch his or her spouse in the act of committing sexual intercourse with equipment. Moreover, the equipment purchased turned out to be
another person. In People of the Philippines v. Marciano Gonzales (G.R. overpriced.
No. 46310, October 31, 1939), the Supreme Court held that to avail of What crime or crimes, if any, were committed by Governor A? Explain.
the privilege under Art. 247, the accused should surprise his wife in the (5%)
“very act if sexual intercourse”. Sexual intercourse gener ally
presupposes the penetration of the man’s sexual organ into that of a SUGGESTED ANSWER
woman’s. In this case, the paramour was of the same gender as the
erring spouse. As such, there is legally, no sexual intercourse to speak Governor A committed the crimes of: (1) Technical Malversation; and (2)
of, hence, Art. 247 is not applicable. Violation of Sections 3 (e) and (g) of Republic Act No. 3019. Governor A
committed the crime of illegal use of public funds or property punishable
ALTERNATIVE ANSWER under Art. 220 of the Revised Penal Code. This offense is also known
as technical malversation.
(A) Yes, Art. 247 (death or physical injuries inflicted under exceptional The crime has three elements: a) that the offender is an accountable
circumstances) of the Revised Penal Code is applicable. public officer; b) that he applies public funds or property under his
The requisites of Art. 247 are: (1) a legally married person surprises his administration to some public use; and c) that the public use for which
spouse in the act of committing sexual intercourse with another person; such funds or property had been applied is different from the purpose
(2) he or she kills any or both of them or inflicts upon any or both of for which they were originally appropriated by law or ordinance (Ysidoro
them any serious physical injury “while in the act” or immediately v. People, G.R. No. 192330; November 14, 2012).
thereafter; and (3) he has not promoted or facilitated the prostitution of
The amount of P 10 M granted by the Department of Agriculture to acquisition of the jewelries resulted from a legal transaction and that the
Governor A, an accountable public officer, is specifically appropriated prosecution failed to prove that she knew or should have known that the
for the purpose of buying seedlings to be distributed to the farmers. pieces of jewelry which she bought from Antonia were proceeds of the
Instead, Governor A applied the amount to acquire modern farm crime of theft.
equipment through direct purchase from XY Enterprise owned by his
kumpare. The law punishes the act of diverting public funds earmarked (A) What is a “fence” under PD 1612? (2.5%)
by law or ordinance for a specific public purpose to another public (B) is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)
purpose, hence, the liability for technical malversation. SUGGESTED ANSWER

Governor A can also be held liable for Violation of Section 3 (e) of (A) Fencing is the act of any person who, with intent to gain for himself
Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act; or for another, shall.buy, receive, possess, keep, acquire, conceal, sell
which has the following elements: (1) the accused is a public officer or dispose of, or shall buy and sell, or in any other manner deal in any
discharging administrative, judicial or official functions; (2) he must have article, item, object or anything of value which he knows, or should be
acted with manifest partiality; evident bad faith or gross inexcusable known to him, to have been derived from the proceeds of the crime of
negligence; and (3) his action caused any undue injury to any party, robbery or theft (Section 2 of PD 1612).
including the government, or gave any private party unwarranted
benefits, advantage or preference in the discharge of his functions. The (B) No. Ofelia is not liable under the Anti-Fencing Law. While under the
facts show that the first element is present. The second element is said law mere possession of any good, article, item, object, or anything
likewise present because, “through manifest partiality” in favoring his of value which has been the subject of robbery or thievery shall be
kumpare, Governor A did not hold a public bidding and directly prima facie evidence of fencing, such evidence when sufficiently
purchased the farm equipment from the latter. With respect to the third overturned constitutes a defense.
element, Governor A’s actions caused undue injury to the government
as well as the farmers who were deprived of the seedlings. His acts In this case, Ofelia’s defense that she merely acquired the jewelries
likewise gave his kumpare, a private party, the unwarranted benefit, through a legitimate transaction is sufficient. Further, there is no other
advantage or preference, to the exclusion of other interested suppliers. circumstance as regards the jewelries which would indicate to Ofelia, an
innocent purchaser, that the jewelries were the subject of theft. There
The act committed by the Governor is also in violation of Section 3 (g) of was even a receipt produced by Ofelia for the transaction.
RA No. 3019 for entering a contract on behalf of the government which ALTERNATIVE ANSWER
is . manifestly and grossly disadvantageous to the same. (B) Yes. Under Section 5 of PD No. 1612, mere possession of any
good, article, item, object, or anything of value which has been the
VI. subject of robbery or thievery shall be prima facie evidence of fencing.
Failure to prove that Ofelia knows; or should have known that the
Ofelia; engaged in the purchase and sale of jewelry, was charged with jewelry is stolen, therefore, is not a defense since this element is
violation of PD 1612, otherwise known as the Anti-Fencing Law, for presumed to be present under Section 5 because Ofelia is in
having been found in possession of recently stolen jewelry valued at possession of this stolen property. Moreover, there is no showing that
P100,000.00 at her jewelry shop. Her defense is that she merely bought Ofelia secured a permit or clearance from the PNP station commander
the same from Antonia and produced a receipt covering the sale. She of the place of sale required in Section 6 of PD No. 1612 (Suggested
presented other receipts given to her by Antonia representing previous Answer by UP Law Center to a 1995 Bar question).
transactions. Convicted of the charge, Ofelia appealed, arguing that her
ALTERNATIVE ANSWER were the assassins who were out to kill him. He asked for the gun of his
escort and shot ten (10) people and wounded five (5) others before he
(B) No. Although Ofelia as a possessor of a stolen property is presumed was subdued. The wounded persons required more than thirty (30) days
to have committed the crime of fencing such presumption is overcome of medical treatment.
by presentation of the receipts showing that her transaction is legitimate.
The logical inference follows that Ofelia had no reason to suspect that What crime or crimes, if any, did he commit? Explain. (5%)
the jewelry was stolen. Admittedly, there is no jurisprudence to the effect .
that a receipt is a sufficient defense against charges of fencing, but SUGGESTED ANSWER
logically and for all practical purposes, such receipt is proof-although Volvik committed five frustrated murders for the unwounded victims and
disputable-that the transaction in question is above-board and five frustrated murders for the wounded victims. Treachery is present
legitimate. Absent other evidence, the presumption of innocence since the sudden attack rendered the victims defenseless. The nature of
remains (D.M. Consunji, Inc. v. Esguerra, G.R. No. 118590, July 30, the weapon used in attacking the victims and extent of the wounds
1996). sustained.by the five victims showed intent to kill. His psychotic
condition is not an exempting circumstance of insanity in the absence of
VII, showing that there is a complete deprivation of intelligence in
accordance with the cognition test. However, he is immune from
Val, a Nigerian, set up a perfume business in the Philippines. The criminal prosecution. Since the position of Volvik as charges de affaires
investors would buy the raw materials at a low price from Val. The raw is diplomatic, he is vested with blanket diplomatic immunity from criminal
materials consisted of powders, which the investors would mix with suit (Minucher v. Hon. CA, G.R. No. 142396, February 11, 2003).
water and let stand until a gel was formed. Vai made a written
commitment to the investors that he would buy back the gel at a higher IX
price, thus assuring, the investors of a neat profit. When the amounts to
be paid by Val to the investors reached millions of pesos, he sold all the A is the driver of B’s Mercedes Benz car. When B was on a trip to Paris,
equipment of his perfume business, absconded with the money, and is A used the car for a joy ride with C whom he is courting. Unfortunately,
nowhere to be found. A met an accident. Upon his return, B came to know about the
What crime or crimes were committed, if any? Explain. (5%) unauthorized use of the car and sued À for qualified theft. B alleged that
SUGGESTED ANSWER. A took and used the car with intent to gain as he derived some benefit
The crime committed is estafa through false pretenses (Art. 315 par. or satisfaction from its use. On the other hand, A argued that he has no
2(a)). Val defrauded the investors by falsely pretending to possess intent of making himself the owner of the car as he in fact returned it to
business or imaginary transactions. The fact that he sold all the the garage after the joy ride. What crime or crimes, if any, were
equipment of his perfume business, and absconded with the money committed? Explain. (5%)
when the amounts to be paid by him to the investors reached millions of SUGGESTED ANSWER
pesos shows that the transaction or his business is imaginary, and he
defrauded the victims. The crime committed by A is carnapping. The unlawful taking of motor
VIII vehicles is now covered by the Anti-Carnapping Law (R.A. 6539 as
amended), and not by the provisions on qualified theft or robbery
Charges d’affairės Volvik of Latvia suffers from a psychotic disorder (People v. Bustinera, G.R. No. 148233, June 8, 2004). The concept of
after he was almost assassinated in his previous assignment. One day, carnapping is the same as that of robbery and theft. Hence, rules
while shopping in a mall, he saw a group of shoppers whom he thought applicable to theft or robbery are also applicable to carnapping (People
v. Asamuddin, G.R. No. 213913, September 2, 2015). In theft, unlawful The crime of piracy is qualified because: (1) the offenders have seized
taking should be understood within the Spanish concept of the vessel by boarding; and (2) the crime of piracy was accompanied by
apoderamiento. In order to constitute apoderamiento, the physical murder and physical injuries. The facts show that the offenders planted
taking must be coupled with the intent to appropriate the object, which an explosive in the vessel which they detonated from a safe distance
means intent deprive the lawful owner of the thing, whether permanently and the explosion killed ten (10) crewmen and injured fifteen (15)
or temporarily (People v. Valenzuela, G. R. No. 160188, June 21, 2007). others. The number of persons killed on the occasion of piracy is not
In this case, A took the car without consent of B with intent io material. The law considers qualified piracy as a special complex crime
temporarily deprive him of the car. Although the taking was “temporary” regardless of the number of victims (People v. Siyoh, G.R. No. L-57292,
and for a “joy ride”, the Supreme Court in People v. Bustinera, (supra), February 18, 1986).
sustains as the better view that which holds that when a person, either
with the object of going to a certain place, or learning how to drive, or XI
enjoying a free ride, takes possession of a vehicle belonging to another,
without the consent of its owner, he is guilty of theft because by taking Angelino, a Filipino, is a transgender who underwent gender
possession of the personal property belonging to another and using it, reassignment and had implants in different parts of her body. She
his intent to gain is evident since he derives therefrom utility; changed her name to Angelina and was a finalist in the Miss Gay
satisfaction, enjoyment and pleasure. International. She came back to the Philippines and while she was
walking outside her home, she was abducted by Max and Razzy who
X. took her to a house in the province. She was then placed in a room and
The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical Razzy forced her to have sex with him at knife’s point. After the act, it
miles from Aparri, Cagayan when its engines malfunctioned, The dawned upon Razzy that Angelina is actually a male. Incensed, Razzy
Captain ordered his men to drop anchor and repair the ship. While the called Max to help him beat Angelina. The beatings that Angelina
officers and crew were asleep, armed men boarded the vessel and took received eventually caused her death.
away several crates containing yaluable items and loaded them in their
own motorboat. Before the band left, they planted an explosive which What crime or crimes, if any, were committed? Explain. (5%)
they detonated from a safe distance. The explosion damaged the hull of SUGGESTED ANSWER
the ship, killed ten (10) crewmen, and injured fifteen (15) others.
What crime or crimes, if any, were committed? Explain. (5%) Razzy is liable for kidnapping with homicide. Abducting Angelino is not
forcible abduction since the victim in this crime must be a woman.
SUGGESTED ANSWER Gender. reassignment will not make him a woman within the meaning of
The crime of Qualified Piracy under Article 123 of the Revised Penal Article 342 of the Revised Penal Code. There is no showing, moreover,
Code has been committed, the elements of piracy being present, that at the time abduction is committed with lewd design; hence, his
namely, (1) that the vessel is on the high seas; (2) that the offenders are abduction constitutes illegal detention. Since Angelino was killed in the
not members of its complement or passenger of the vessel; and (3) that course of the detention, the crime constitutes kidnapping and serious
the offenders (a) attack or seize that vessel or (b) seize the whole or illegal detention with homicide under Article 267. Having sexual
part of the cargo of said vessel, its equipment or personal belongings of intercourse with Angelino is not rape through sexual inter course since
its complement or passengers. The latter act is committed when the the victim in this crime must be a woman. This act is not rape through
offenders took away several crates containing valuable items and sexual assault, either, Razzy did not insert his penis into the anal orifice
loaded them in their own motorboat. or mouth of Angelino or an instrument or object into anal orifice or
genital orifice, hence, this act constitutes acts of lasciviousness under
Article 336. Since the acts of lasciviousness is committed by reason or
occasion of kidnapping, it will be integrated into one and indivisible Moreover, Leilani sat beside Arnold without his permission, hence, he is
felony of kidnapping with homicide (People v. De Leon, G.R. No. not in the company of a child in a public place.
179943, June 26, 2009; People v. Jugueta, G.R. No. 202124, April 05,
2016; People v. Laog, G.R. No. 178321, October 5, 2011; People v. Lastly, applying the episdem generis principle, Arnold is not liable for
Larronaga, G.R. Nos. 138874-75, February 3, 2004). child abuse because Luneta is not a place similar to hotel, motel, beer
Max is liable for kidnapping with homicide as an accomplice since he joint, discotheque, cabaret, pension house, sauna or massage parlor,
concurred in the criminal design of Razzy in depriving Angelino his beach and/or other tourist resort.
liberty and supplied the former material aid in an efficacious way by
helping him beat the latter. XIII

XII Domingo is the caretaker of two (2) cows and two (2) horses owned by
Hannibal. Hannibal told Domingo to lend the cows to Tristan on the
Arnold, 25 years of age, was sitting on a bench in Luneta Park watching condition that the latter will give a goat to the former when the cows are
the statue of Jose Rizal when, without his permission, Leilani, 17 years returned. Instead, Tristan sold the cows and pocketed the money. Due
of age, sat beside him and asked for financial assistance, allegedly for to the neglect of Domingo, one of the horses was stolen. Knowing that
payment of her tuition fee, in exchange for sex. While they were he will be blamed for the loss, Domingo slaughtered the other horse, got
conversing, police operatives arrested and charged him with violation of the meat, and sold it to Pastor. He later reported to Hannibal that the
Section 10 of RA 7610 (Special Protection of Children against Child two horses were stolen.
Abuse, Exploitation and Discrimination Act), accusing him of having in (A) What crime or crimes, if any, did Tristan commit? Explain. (2.5%)
his company a minor, who is not related to him, in a public place. It was
established that Arnold was not in the performance of a sociai, moral (B) What crime or crimes, if any, were committed by Domingo? Explain.
and legal duty at that time. (2.5%)
Is Arnold liable for the charge? Explain. (5%).
SUGGESTED ANSWER
SUGGESTED ANSWER
(A) Tristan is liable for Estafa through Misappropriation under Article 315
No, Arnold is not liable. Under Section 10 of RA No. 7610, any person of the Revised Penal Code. He received the cows under obligation
who shall keep or have in his company a minor, twelve (12) years or involving the duty to return the same thing deposited, and acquired legal
under or who in ten (10) years or more his junior in any public or private or juridical possession in so doing, since their transaction is a
place, hotel, motel, beer joint, discotheque, cabaret, pension house, commodatum. Selling the cows as if he owned it constitutes
sauna or massage parlor, beach and/or other tourist resort or similar misappropriation or conversion within the contemplation of Article 315.
places is liable for child abuse. (B) Domingo is liable for qualified theft under Article 308 of the Revised
Penal Code. Although Tristan received the horse with the consent of the
Arnold is not liable for the charge. To be held liable under Section 10 (6) owner, Hannibal, his possession is merely physical or de facto since the
of RA No. 7610, it is indispensable that the child in the company of the former is an employee of the latter. Slaughtering the horse, which he
offender must be 12 years or under or who in 10 years or more his physically possessed, and selling its meat to Pastor shall be considered
junior in a public place. In this case, Leilani is 17 years of age, and only as taking without consent of the owner with intent to gain, which
8 years younger than Arnold. constitutes theft (Balerta v. People, G.R. No. 205144, November 26,
2014), Since the horse is accessible to him, the theft is qualified by the established in the chain of custody in a buy-bust situation are: first, the
circumstance of abuse of confidence (Yongco v. People, G.R. No. seizure and marking, if practicable, of the illegal drug recovered from the
209373, July 30, 2014); Further, Domingo.committed the crime of accused by the apprehending officer; second, the turnover of the illegal
violation of the Anti-Cattle Rustling Law of 1974 (P.D. No. 533). Cattle drug seized by the apprehending officer to the investigating officer; third,
rustling is the taking away by any means, method or scheme, without the turnover by the investigating officer of the illegal drug to the forensic
the consent of the owner/ raiser, of large cattle, which includes cows chemist for laboratory examination; and fourth, the turnover and
and horses, whether or not for profit or gain, or whether committed with submission of the marked illegal drug seized from the forensic chemist
or without violence against or intimidation of any person or force upon to the court (People v. Kamad, G.R. No. 174198, January 29, 2010)
things. It includes the killing of large cattle, or taking its meat or hide To establish the first link in the chain of custody, and that is the seizure
without the consent of the owner/raiser. of the drug from the accused, the prosecution must comply with Section
21 of RA No. 9165, which requires that the apprehending officer after
XIV the confiscation of drug must immediately physically inventory and
photograph the same in the presence of the accused or the person from
Dimas was arrested after a valid buy-bust operation. Macario, the whom such items were confiscated, or his representative or counsel, a
policeman who acted as poseur-buyer, inventoried and photographed representative from the media and the Department of Justice (DOJ),
ten (10) sachets of shabu in the presence of a barangay tanod. The and any elected public official who shall be required to sign the copies of
inventory was signed by Macario and the tanod, but Dimas refused to the inventory and be given a copy thereof and within twenty-four (24)
sign. Aş Macario was stricken with flu the day after, he was able to hours upon such confiscation, the drug shall be submitted to the.PDEA
surrender the sachets to the PNP Crime Laboratory only after four (4) Forensic Laboratory for examination.
days. During pre-trial, the counsel de oficio of Dimas stipulated that the (B) The contention of the State is meritorious. Macario, the policeman
substance contained in the sachets examined by the forensic chemist is failed to comply with Section 21 of RA NO 9165 since the inventory and
in fact methamphetamine hydrochloride or shabu. Dimas was convicted photograph of the drugs was only made in the presence of barangay
of violating Section 5 of RA 9165. On appeal, Dimas questioned the tanod and the same was not submitted to the PNP Crime Laboratory
admissibility of the evidence because Macario failed to observe the within 24 hours. The rule is settled that failure to strictly comply with
requisite “chain of custody” of the alleged “shabu” seized from him. On Section 21(1), Article il of R.A. No. 9165 does not necessarily render an
behalf of the State, the Solicitor General claimed that despite non- accused’s arrest illegal or the items seized or confiscated from him
compliance with some requirements, the prosecution was able to show inadmissible. The most important factor is the preservation of the
that the integrity of the substance was preserved. Moreover, even with integrity and evidentiary value of the seized item. Moreover, the issue of
some deviations from the requirements, the counsel of Dimas stipulated non-compliance with Section 21 of RA No. 9165 cannot be raised for the
that the substance seized from Dimas was shabu so that the conviction first time on appeal (People v. Badilla, G.R. No. 218578, August 31,
should be affirmed. 2016).
(A) What is the “chain of custody” requirement in drug offenses? (2.5%)
(B) Rule on the contention of the State. (2.5%) XV
SUGGESTED ANSWER Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house
(A) To establish the chain of custody, the prosecution must show the where Antonio, his wife, and three (3) daughters were residing. While
movements of the dangerous drugs from its confiscation up to its the four were ransacking Antonio’s house, Julio noticed that one of
presentation in court. The purpose of establishing the chain of custody Antonio’s daughters was trying to escape. He chased and caught up
is to ensure the integrity of the corpus delicti (People v. Magat, G.R. No. with her at a thicket somewhat distant from the house, but before
179939, September 29, 2008). The following links that must be bringing her back, raped her.
(A) What crime or crimes, if any, did Pedro, Pablito, Juan and Julio A is the president of the corporate publisher of the daily tabloid, Bulgar;
commit? Explain. (2.5%) B is the managing editor, and C is the author/writer. In his column,
(B) Suppose, after the robbery, the four took turns in raping the three Direct Hit, Cwrote about X, the head examiner of the BIR-RDO Manila
daughters inside the house, and, to prevent identification, killed the as follows:
whole family just before they left. What crime or crimes, if any, did the
four malefactors commit? (2.5%) “Itong si-X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya
SUGGESTED ANSWER ay napaka suwapang na buwaya. Ang nickname niya ay si Atty.
Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer at ang para sa RP
(A) julio is liable for special complex crime of robbery with rape since he ay 10% lang. Kaya ang baba ng collection ng RDO niya. Masyadong
raped the daughter of Antonio on occasion or by reason of robbery. magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya
Even if the place of robbery is different from that of rape, the crime is na ito at napakalaki na ng kurakot.”
still robbery with rape since what is important is the direct connection A, Band C were charged with libel before the RTC of Manila. The three
between the two crimes (People v. Conastre, G.R. No. L-2055, (3) defendants argued that the article is within the ambit of qualified
December 24, 1948). Rape was not separate by distance and time from privileged communication; that there is no malice in law and in fact; and,
the robbery. that – defamatory comments on the acts of public officials which are
related to the discharge of their official duties do not constitute libel.
Pedro, Pablito and Juan are liable for robbery by band. There is band in Was the crime of libel committed? If so, are A, B, and Cail liable for the
this case since more than three armed malefactors take part in the crime? Explain. (5%)
commission of a robbery. Under Article 296 of the Revised Penal Code,
any member of a band, who is present at the commission of a robbery SUGGESTED ANSWER
by the band, shall be punished as principal of any of the assaults Yes. The crime of libel is committed. Fair comment on acts of public
committed by the band, unless it be shown that he attempted to prevent officers related to the discharge of their duties is a qualified privileged
the same. The assault mentioned in Article 296 includes rape (People v. communication, hence, the accused can still be held liable for libel if
Hamiana, G.R. Nos. L-3491-94, May 30, 1971). They are not liable, actual malice is shown. In fair comment, actual malice can be
however, for rape under Article 296 since they were not present when established by showing that comment was made with knowledge that it
the victim was raped and thus, they had no opportunity to prevent the was false or with reckless disregard of whether it was false or not
same. They are only liable for robbery by band (People v. Anticamaray, (Guingguing v. the Honorable Court of Appeals, G.R. No. 128959,
G.R. No. 178771, June 8, 2011). September 30, 2005). Journalists bear the burden of writing responsibly
when practicing their profession, even when
(B) They are liable for a special complex crime of robbery with homicide. · writing about public figures or matters of public interest. The report
In this special complex crime, it is immaterial that several persons are made by C describing a lawyer in the Bureau of Customs as corrupt
killed. It is also immaterial that aside from the homicides, rapes are cannot be considered as “fair” and “true” since he did not do research
committed by reason or on the occasion of the crime. Since homicides before making his allegations, and it has been shown that these
are committed by or on the occasion of the robbery, the multiple rapes allegations were baseless. The articles are not “fair and true reports,”
shall be integrated into one and indivisible felony of robbery with but merely wild accusations. He has written and published the subject
homicide (People v. Diu, G.R. No. 201449, April 3, 2013). articles with reckless disregard of whether the same were false or not
(Erwin Tulfo v. People, G.R. No. 161032, September 16, 2008). A,
XVI president of the publishing company, B, managing editor, and C, writer
of the defamatory articles, are all liable for libel. Under Article 360 of the Code: Provided, That the penalty for lascivious conduct when the victim
Revised Penal Code, the publisher, and editor of newspaper, shall be is under 12 years of age shall be reclusion temporal in its medium
responsible for the defamations contained therein to the same extent. period.
The law makes the publisher and editor liable for libel as if they were the XVIII
author (Tulfo v. People, supra).
Lina worked as a housemaid and yaya of the one week old son of the
XVII spouses John and Joana. When Lina learned that her 70-year old
Braulio invited lulu, his I l-year old stepdaughter; inside the master. mother was seriously ill, she asked John fora cash advance of
bedroom. He pulled out a knife and threatened her with harm unless she P20,000.00, but the latter refused. In anger, Lina gagged the mouth of
submitted to his desires. He was touching her chest and sex organ the child with stockings, placed him in a box sealed it with masking tape,
when his wife caught him in the act. The prosecutor is unsure whether and placed the box in the attic. Lina then left the house and asked her
to charge Braulio for acts of lasciviousness under Art. 336 of the RPC; friend Fely to demand a “P20,000.00 ransom for the release of the
for lasciv ious conduct under RA 7610 (Special Protection against Child spouses’ child to be paid within twenty-four hours. The spouses did not
Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A pay the ransom. After a couple. of days, John discovered the box in the
of the RPC. What is the crime committed? Explain. (5%) attic with his child already dead. According to the autopsy report, the
child died of asphyxiation barely minutes after the box was sealed.
SUGGESTED ANSWER
The acts of Braulio of touching the chest and sex organ of Lulu, who is What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)
under 12 years of age, are merely acts of lasciviousness and not SUGGESTED ANSWER
attempted rape because intent to have sexual intercourse is not clearly
shown (People v. Banzuela, G.R. No. 202060, December 11, 2013). To Lina is liable for murder. Gagging the mouth of the child with stockings,
be held liable of attempted rape, it must be shown that the erectile penis placing him in a box, sealing it with masking tape, and placed the box in
is in the position to penetrate (Cruz v. People, G.R. No. 166441, the attic were only methods employed by the defendant in committing :
October 8, 2014) or the offender actually commenced to force his penis murder qualified by the circumstance of treachery (People v. Lora, G.R.
into the victim’s sexual organ (People v. Banzuela, supra). No. L-49430, March 30, 1982). Taking advantage of the defenseless
The same acts of touching the chest and sex organ of Lulu under condition of the victim by reason of his tender age in killing him is
psychological coercion or influence of her stepfather, Braulio, treachery (People v. . Fallorina, G.R. No. 137347, March 4, 2004). She
constitutes sexual abuse under Section 5 (b) of RA No. 7610 (People v. is not liable for kidnapping with murder, the essence of which is the
Opiana, G.R. No. 133922, February 12, 2001), actual confinement or restraint of the victim or the deprivation of his
liberty. In this case, the victim was not deprived of liberty since he
Since the requisites for acts of lasciviousness under Article 336 of the immediately died. The demand for ransom did not convert the offense
Revised Penal Code are met, in addition to the requisites for sexual into kidnapping with murder. The defendant was well aware that the
abuse under Section 5 of RA No. 7610, and the victim is under 12 years child would be suffocated to death in a few moments after she left: The
of age, Braulio shall be prosecuted for acts of lasciviousness under demand for ransom is only a part of the diabolic scheme of the
Revised Penal Code but the penalty imposable is that prescribed by RA defendant to murder the child, to conceal his body and then demand
No. 7610 (Amployo v. People, G.R. No. 157718, April 26, 2005). Under money before the discovery of the cadaver (People v.Lora; supra). Fely
Section 5 (6) of RA No: 7610, when the victim (child subjected to sexual is not liable for murder as principal or accomplice. Since Fely did not
abuse) is under 12 years of age, the perpetrators shall be prosecuted participate in the actual killing of the child, she can only be held liable for
(for acts of lascivi ousness) under Article 336 of the Revised Penal murder as principal or accomplice on the basis of conspiracy or
community of design. But in this case, there is neither conspiracy nor a kind, nurturing behavior; or by simply staying out of his way. The acute
community of design to commit murder since her criminal intention battering incident is characterized by brutality, destructiveness and,
pertains to kidnapping for ransom. Moreover, her participation of sometimes, death. The battered woman deems this incident as
demanding ransom for the release of the child is not connected to unpredictable, yet also inevitable. During this phase, she has no control;
murder Neither is Fely liable for kidnapping for ransom. Her criminal only the batterer may put an end to the violence. The final phase of the
mind to assist Lina in committing kidnapping for ransom is not cycle of violence begins when the acute battering incident ends. During
constitutive of a felony. Mens rea without actus reus is not a crime. this tranquil period, the couple experience profound relief.

XIX (B) Yes. Under Section 3 (c) of RA NO. 9262, “Battered Woman
Syndrome” refers to a scientifically defined pattern of psychological and
Romeo and Julia have been married for twelve (12) years and had two behavioral symptoms found in women living in battering relationships as
(2) children. The first few years of their marriage went along smoothly. a result of “cumulative abuse”. Under Section 3 (b), “Battery” refers to
However, on the fifth year onwards, they would often quarrel when an act of inflicting physical harm upon the woman or her child resulting
Romeo comes home drunk. The quarrels became increasingly violent, in physical and psychological or emotional distress (Section 3). In sum,
marked by quiet periods when Júlla would leave the conjugal dwelling. the defense of Battered Woman Syndrome can be invoked if the woman
During these times of quiet, Romeo would “court” Julia with flowers and in marital relationship with the victim is subjected to cumulative abuse or
chocolate and convince her to return home, telling her that he could not battery involving the infliction of physical harm resulting to the physical
live without her; or Romeo would ask Julia to forgive him, which she did, and psychological or emotional distress. Cumulative means resulting
believing that it she humbled herself, Romeo would change: After a from successive addition. In sum, there must be “at least two battering
month of marital bliss, Romeo would return to his drinking habit and the episodes” between the accused and her intimate partner and such final
quarrel would start 7 again; verbally at first, until it would escalate to episode produced in the battered person’s mind an actual fear of an
physical violence. One night, Romeo came home drunk and went imminent harm from her batterer and an honest belief that she needed
straight to bed. Fearing the onset of another violent fight, Julia stabbed to use force in order to save her life (People v. Genosa, G.R. No.
Romeo while he was asleep. A week later, their neighbors discovered 135981, January 15, 2004). In this case, because of the battering
Romeo’s rotting corpse on the marital bed. Julia and the children were episodes, Julia, feared the onset of another violent fight and honestly
nowhere to be found. Julia was charged with parricide. She asserted believed the need to defend herself even if Romeo had not commenced
“battered woman’s syndrome” as her defense. an unlawful aggression. Even in the absence of unlawful aggression,
however, Battered Woman Syndrome is a defense. Under Section 27 of
(A) Explain the “cycle of violence.” (2.5%) RA No. 9262, Battered Woman Syndrome is a defense notwithstanding
(B) is Julia’s “battered woman’s syndrome” defense meritorious? the absence of any of the elements for justifying circumstances of self-
Explain. (2.5%) defense under the Revised Penal Code such as unlawful aggression
(Section 26 of RA No. 9262).
SUGGESTED ANSWER
(A) The battered woman syndrome is characterized by the so-called XX
“cycle of violence,” which has three phases: (1) the tension-building
phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at A, an OFW, worked in Kuwait for several years as a chief accountant,
least, nonviolent) phase. During the tension-building phase, minor religiously sending to his wife, B, 80% of all his earnings. After his stint
battering occurs-it could be verbal or slight physical abuse or another abroad, he was shocked to know that B became the paramour of a
form of hostile behavior. The woman tries to pacify the batterer through married man, C, and that all the monies he sent to B were given by her
to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C
and his wife, D, so that he can inflict injuries on C to make him suffer,
and humiliate him in front of his wife, X, Y and Z were paid P20,000.
Each and were promised a reward of P50,000.00 each once the job is
done. At midnight, A, with the fully armed X, Y and Z, forcibiy opened
the door and gained entrance to the house of C and D. C put up a
struggle before he was subdued by A’s group. They boarded C and D in
a van and brought the two to a small hut in a farm outside Metro Manila.
Both hands of C and D were tied. With the help of X, Y and Z, A raped D
in front of C. X, Y and Z then took turns in raping D, and subjected C to
torture until he was black and blue and bleeding profusely from several
stab wounds. A and his group set the hut on fire before leaving, killing
both C and D. X, Y and Z were paid their reward. Bothered by his
conscience, A surrendered the next day to the police, admitting the
crimes he committed.

As the RTC judge, decide what crime or crimes were committed by A, X,

Y and Z, and what mitigating and aggravating circumstances will be
applied in imposing the penalty. Explain. (5%)
SUGGESTED ANSWER

A, X, Y and Z are liable for two counts of kidnapping with murder

qualified by means of fire, since C and D were killed in the course of the
detention. In a special complex crime of kidnapping with murder, it is
immaterial that other crimes were committed such as multiple rapes and
arson.

Since multiple rapes and arson are committed by reason or on occasion

of kidnapping, they shall be integrated into one and indivisible felony of
kidnapping with murder (People v. Larranaga, G.R. Nos. 138874-75,
January 31, 2004).
The mitigating circumstances of passion and voluntary surrender can be
appreciated in favor of A. The aggravating circumstances of unlawful
entry, by means of fire, and treachery can be appreciated against A, X,
Y and Z.