decides to compromise with his putative father's family by abandoning his

petition in exchange for 1/2 of what he would have received as inheritance if

2015 BAR EXAMINATIONS
he were recognized as an illegitimate child. As the judge, would you approve
CIVIL LAW
such a compromise? (2%)
I.
Alden and Stela were both former Filipino citizens. They were married in the Philippines IV.
but they later migrated to the United States where they were naturalized as American Bert and Joe, both male and single, lived together as common law spouses and agreed
citizens. In their union they were able to accumulate several real properties both in the to raise a son of Bert's living brother as their child without legally adopting him. Bert
US and in the Philippines. Unfortunately, they were not blessed with children. In the worked while Joe took care of their home and the boy. In their 20 years of cohabitation
US, they executed a joint will instituting as their common heirs to divide their combined they were able to acquire real estate assets registered in their names as co-owners.
estate in equal shares, the five siblings of Alden and the seven siblings of Stela. Alden Unfortunately, Bert died of cardiac arrest, leaving no will. Bert was survived by his
passed away in 2013 and a year later, Stela also died. The siblings of Alden who were all biological siblings, Joe, and the boy.
citizens of the US instituted probate proceedings in a US court impleading the siblings a) Can Article 147 on co-ownership apply to Bert and Joe, whereby all
of Stela who were all in the Philippines. properties they acquired will be presumed to have been acquired by their joint
a) Was the joint will executed by Alden and Stela who were both former industry and shall be owned by them in equal shares? (2%)
Filipinos valid? Explain with legal basis. (3%) b) What are the successional rights of the boy Bert and Joe raised as their son?
b) Can the joint will produce legal effect in the Philippines with respect to the (2%)
properties of Alden and Stela found here? If so, how? (3%) c) If Bert and Joe had decided in the early years of their cohabitation to jointly
c) Is the situation presented in Item I an example of depe9age? (2%) adopt the boy, would they have been legally allowed to do so? Explain with
legal basis. (3%)
II.
Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and V.
lived with another man, leaving their two children of school age with Marco. When Mrs. L was married to a ship captain who worked for an international maritime vessel.
Marco needed money for their children's education he sold a parcel of land registered For her and her family's support, she would claim monthly allotments from her
in his name, without Gina's consent, which he purchased before his marriage. Is the husband's company. One day, while en route from Hong Kong to Manila, the vessel
sale by Marco valid, void or voidable? Explain with legal basis. (4%) manned by Captain L encountered a severe typhoon at sea. The captain was able to
send radio messages of distress to the head office until all communications were lost.
III. In the weeks that followed, the search operations yielded debris of the lost ship but the
Julie had a relationship with a married man who had legitimate children. A son was bodies of the crew and the passengers were not recovered. The insurance company
born out of that illicit relationship in 1981. Although the putative father did not thereafter paid out the death benefits to all the heirs of the passengers and crew. Mrs.
recognize the child in his certificate of birth, he nevertheless provided the child with all L filed a complaint demanding that her monthly allotments continue for the next four
the support he needed and spent time regularly with the child and his mother. When years until her husband may be legally presumed dead because of his absence. If you
the man died in 2000, the child was already 18 years old so he filed a petition to be were the magistrate, how would you rule? (3%)
recognized as an illegitimate child of the putative father and sought to be given a share
in his putative father's estate. The legitimate family opposed, saying that under the VI.
Family Code his action cannot prosper because he did not bring the action for Kardo met Glenda as a young lieutenant and after a whirlwind courtship, they were
recognition during the lifetime of his putative father. married. In the early part of his military career, Kardo was assigned to different places
a) If you were the judge in this case, how would you rule? (4%) all over the country but Glenda refused to accompany him as she preferred to live in
b) Wishing to keep the peace, the child during the pendency of the case her hometown. They did not live together until the 12th year of their marriage when
Kardo had risen up the ranks and was given his own command. They moved to living
quarters in Fort Gregorio. One day, while Kardo was away on official business, one of profits among themselves equally for a period of 20 years. On the 8th year, X wanted to
his military aides caught Glenda having sex with the corporal assigned as Kardo's driver. get out of the co-ownership so he could get his 1/3 share in the property. Y and Z
The aide immediately reported the matter to Kardo who rushed home to confront his refused, saying X is bound by their agreement to keep the co-ownership for 20 years.
wife. Glenda readily admitted the affair and Kardo sent her away in anger. Kardo would Are Y and Z correct? Explain. (3%)
later come to know the true extent of Glenda's unfaithfulness from his aides, his
household staff, and former neighbors who informed him that Glenda has had intimate IX.
relations with various men throughout their marriage whenever Kardo was away on Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and
assignment. who accepted the donation. The donation and Maria's acceptance thereof were
evidenced by a Deed of Donation. Maria then lived in the house and lot donated to her,
Kardo filed a petition for declaration of nullity of marriage under Article 36. Based on religiously paying real estate taxes thereon. Twelve years later, when Jose had already
interviews from Kardo, his aide, and the housekeeper, a psychologist testified that passed away, a woman claiming to be an illegitimate daughter of Jose filed a complaint
Glenda's habitual infidelity was due to her affliction with Histrionic Personality against Maria. Claiming rights as an heir, the woman prayed that Maria be ordered to
Disorder, an illness characterized by excessive emotionalism and uncontrollable reconvey the house and lot to Jose's estate. In her complaint she alleged that the
attention-seeking behavior rooted in Glenda's abandonment as a child by her father. notary public who notarized the Deed of Donation had an expired notarial commission
Kardo himself, his aide, and his housekeeper also testified in court. The RTC granted the when the Deed of Donation was executed by Jose. Can Maria be made to reconvey the
petition, relying on the liberality espoused by Te v. Te and Azcueta v. property? What can she put up as a defense? (4%)
Republic. However, the OSG filed an appeal, arguing that sexual infidelity was only a
ground for legal separation and that the RTC failed to abide by the guidelines laid down X.
in the Molina case. How would you decide the appeal? (5%) X, a dressmaker, accepted clothing materials from Karla to make two dresses for her.
On the day X was supposed to deliver Karla's dresses, X called up Karla to say that she
VII. had an urgent matter to attend to and will deliver them the next day. That night,
Mr. and Mrs. X migrated to the US with all their children. As they had no intention of however, a robber broke into her shop and took everything including Karla's two
coming back, they offered their house and lot for sale to their neighbors, Mr. and Mrs. dresses. X claims she is not liable to deliver Karla's dresses or to pay for the clothing
A (the buyers) who agreed to buy the property for 128 Million. Because Mr. and Mrs. A materials considering she herself was a victim of the robbery which was a fortuitous
needed to obtain a loan from a bank first, and since the sellers were in a hurry to event and over which she had no control. Do you agree? Why? (3%)
migrate, the latter told the buyers that they could already occupy the house, renovate
it as it was already in a state of disrepair, and pay only when their loan is approved and XI.
released. While waiting for the loan approval, the buyers spent .Pl Million in repairing Jackie, 16, inherited a townhouse. Because she wanted to study in an exclusive school,
the house. A month later, a person carrying an authenticated special power of attorney she sold her townhouse by signing a Deed of Sale and turning over possession of the
from the sellers demanded that the buyers either immediately pay for the property in same to the buyer. When the buyer discovered that she was still a minor, she promised
full now or vacate it and pay damages for having made improvements on the property to execute another Deed of Sale when she turns 18. When Jackie turned 25 and was
without a sale having been perfected. already working, she wanted to annul the sale and return the buyer's money to recover
a) What are the buyers' options or legal rights with respect to the expenses her townhouse. Was the sale contract void, voidable or valid? Can Jackie still recover
they incurred in improving the property under the circumstances? (3%) the property? Explain. (4%)
b) Can the buyers be made to immediately vacate on the ground that the sale
was not perfected? Explain briefly. (3%) XII.
A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a
VIII. corporation they joined as incorporators. Iya and Betty bound themselves
X, Y, Z are siblings who inherited a IO-storey building from their parents. They agreed in solidarily liable for the debt. Later, Iya and Jun became sweethearts so Jun
writing to maintain it as a co-owned property for leasing out and to divide the net condoned the debt of P500,000.00. May lya demand from Betty P250,000.00 as
her share in the debt? Explain with legal basis. (2%) claims she has no obligation to return the interest paid by Sara because it was a
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put natural obligation which Sara voluntarily performed and can no longer recover.
up an internet cafe orally promising to pay her the full amount after one year. Do you agree? Explain. (4%)
Because of their lack of business know-how, their business collapsed. Juancho B. Distinguish civil and natural obligations. (2%)
and Don ended up penniless but Pedro was able to borrow money and put up a
restaurant which did well. Can Cita demand that Pedro pay the entire XVI.
obligation since he, together with the two others, promised to pay the amount Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She was
in full after one year? Defend your answer. (2%) made to sign an agreement that if she cannot pay her debt within six months, Jane
could immediately appropriate the jewelry for herself. After six months, Donna failed
XIII. to pay. Jane then displayed the earrings and ring set in her jewelry shop located in a
A. X and Y are partners in a shop offering portrait painting. Y provided the mall. A buyer, Juana, bought the jewelry set for P300,000.00.
capital and the marketing while X was the portrait artist. They accepted the a) Was the agreement which Donna signed with Jane valid? Explain with legal
P50,000.00 payment of Kyla to do her portrait but X passed away without being basis. (2%)
able to do it. Can Kyla demand that Y deliver the portrait she had paid for b) Can Donna redeem the jewelry set from Juana by paying the amount she
because she was dealing with the business establishment and not with the owed Jane to Juana? Explain with legal basis. (2%)
artist personally? Why or why not? (3%) c) Give an example of a pledge created by operation of law. (2%)
B. In this jurisdiction, is a joint venture (i.e., a group of corporations
contributing resources for a specific project and sharing the profits therefrom) XVII.
considered a partnership? (3%) Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was pressured
into signing a Deed of Absolute Sale in favor of the winner covering a parcel of land
XIV. with improvements worth P20 Million. One month later, the supposed vendee of the
A driver of a bus owned by company Z ran over a boy who died instantly. A property demanded that he and his family vacate the property subject of the deed of
criminal case for reckless imprudence resulting in homicide was filed against sale. Was the deed of sale valid? What can Z do? (4%)
the driver. He was convicted and was ordered to pay P2 Million in actual and
moral damages to the parents of the boy who was an honor student and had a XVIII.
bright future. Without even trying to find out if the driver had assets or means A lawyer was given an authority by means of a Special Power of Attorney by his client
to pay the award of damages, the parents of the boy filed a civil action against to sell a parcel of land for the amount of P3 Million. Since the client owed the lawyer P1
the bus company to make it directly liable for the damages. Million in attorney's fees in a prior case he handled, the client agreed that if the
a) Will their action prosper? (4%) property is sold, the lawyer was entitled to get 5% agent's fee plus P1 Million as
b) If the parents of the boy do not wish to file a separate civil action payment for his unpaid attorney's fees. The client, however, subsequently found a
against. the bus company, can they still make the bus company liable if buyer of his own who was willing to buy the property for a higher amount. Can the
the driver cannot' pay the award for damages? If so, what is the nature client unilaterally rescind the authority he gave in favor of his lawyer? Why or why not?
of the employer's liability and how may civil damages be satisfied? (3%) (4%)
XIX.
XV. Mr. A, a businessman, put several real estate properties under the name of his eldest
A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six son X because at that time, X was the only one of legal age among his four children. He
months. When Sara tried to pay her debt on the 8th month, Julia demanded told his son he was to hold those assets for his siblings until they become adults
the payment of interest of 12o/o per annum because of Sara's delay in themselves. X then got married. After 5 years, Mr. A asked X to transfer the titles over
payment. Sara paid her debt and the interest claimed by Julia. After rethinking, three properties to his three siblings, leaving two properties for himself. To A's surprise,
Sara demanded back from Julia the amount she had paid as interest. Julia X said that he can no longer be made to transfer the properties to his siblings because
more than 5 years have passed since the titles were registered in his name. Do you ordered him to pay actual damages in the amount of 1125,000.00. Tiburcio
agree? Explain. (4%) appealed to the Court of Appeals which sustained his conviction as well as the
penalty imposed by the court a quo. After sixty days, the Court of Appeals
XX. issued an Entry of Judgment and remanded the records of the case to the RTC.
A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for Three days thereafter, Tiburcio died of heart attack. Atty. Abdul, Tiburcio's
registration of a parcel of land which after due proceedings was granted by the counsel, filed before the RTC a Manifestation with Motion to Dismiss, informing
RTC acting as a land registration court. However, before the decree of the court that Tiburcio died already, and claiming that his criminal liability had
registration could be issued, the spouses Roman and the spouses Cruz sold the been extinguished by his demise.
lot to Juan. In the notarized deed of sale, the sellers expressly undertook to
submit the deed of sale to the land registration court so that the title to the a) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)
property would be directly issued in Juan's name. Is such a stipulation valid?
(2%) b) Assuming that Tiburcio' s death occurred before the Court of
B. Distinguish a direct attack from a collateral attack on a title. (2%) Appeals rendered its decision, will you give a different answer? Explain.
C. If the title in Item XX.A is issued in the names of the original sellers, would a (2.5%)
motion filed by Juan in the same case to correct or amend the title in order to
reflect his name as owner be considered a collateral attack? (2%) IV. Procopio, a call center agent assigned at a graveyard shift, went home earlier
than usual. He proceeded immediately to their bedroom to change his clothes.
To his surprise, he found his wife Bionci in bed making love to another woman
Magna. Enraged, Procopio grabbed a knife nearby and stabbed Bionci, who
died.

a) What crime did Procopio commit, and what circumstance attended

2015 BAR EXAMINATIONS the case? Explain. (3%)
CRIMINAL LAW
b) Assuming that Procopio and Bionci were common-law spouses, will
your answer be the same? Explain. (2%)

V. Dion and Talia were spouses. Dion always came home drunk since he lost his
job a couple of months ago. Talia had gotten used to the verbal abuse from
Dion. One night, in addition to the usual verbal abuse, Dion beat up Talia. The
next morning, Dion saw the injury that he had inflicted upon Talia and
I. a) How are felonies committed? Explain each. (3%) promised her that he would stop drinking and never beat her again. However,
Dion did not make good on his promise. Just after one week, he started
b) What is aberratio ictus? (2%) drinking again. Talia once more endured the usual verbal abuse. Afraid that he
might beat her up again, Talia stabbed Dion with a kitchen knife while he was
II. Distinguish between ex post facto law and bill of attainder. (3%) passed out from imbibing too much alcohol. Talia was charged with the crime
III. The Regional Trial Court {RTC) found Tiburcio guilty of frustrated homicide and of parricide.
sentenced him to an indeterminate penalty of four years and one day of prision
correccional as minimum, to eight years of prision mayor as maximum, and a) May Talia invoke the defense of Battered Woman Syndrome to free
 Thereafter, X Municipality operated a shelter assistance program whereby
herself from criminal liability? Explain. (2.5%) construction materials were provided to the calamity victims, and the
beneficiaries provided the labor. The construction was partially done when the
b) Will your answer be the same, assuming that Talia killed Dion after beneficiaries stopped helping with the construction for the reason that they
being beaten up after a second time? Explain. (2.5%) needed to earn income to provide food for their families. When informed of
the situation, Mayor Maawain approved the withdrawal of ten boxes of food
VI. Senator Adamos was convicted of plunder. About one year after beginning to from X Municipality's feeding program, which were given to the families of the
serve his sentence, the President of the Philippines granted him absolute beneficiaries of the shelter assistance program. The appropriations for the
pardon. The signed pardon states: "In view hereof, and in pursuance of the funds pertaining to the shelter assistance program and those for the feeding
authority vested upon me by the Constitution, I hereby grant absolute pardon program were separate items on X Municipality's annual budget.
unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and
upon whom the penalty of reclusion perpetua was imposed." He now comes to a) What crime did Mayor Maawain commit? Explain. (2.5%)
you for advice. He wants to know if he could run for senator in the next
election. b) May Mayor Maawain invoke the defense of good faith and that he
had no evil intent when he approved the transfer of the boxes of food
a) What advice will you give Adamos? Explain. (2.5%) from the feeding program to the shelter assistance program? Explain.
(2.5%)
b) Assuming that what Adamos committed was heading a rebellion for
which he was imposed the same penalty of reclusion perpetua, and IX. The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about
what he received was amnesty from the government, will your answer the drug pushing activities of Rado, but could not arrest him for lack of
be the same? Explain. (2.5%) concrete evidence. SP03 Relio, a PDEA team leader, approached Emilo and
requested him to act as poseur-buyer of shabu and transact with Rado. Emilo
VII. Taylor was convicted of a violation of the Election Code, and was sentenced to refused, saying that he had completely been rehabilitated and did not want to
suffer imprisonment of one year as minimum, to three years as maximum. The have anything to do with drugs anymore. But he was prevailed upon to help
decision of the trial court was affirmed on appeal and became final and when SP03 Relio explained that only he could help capture Rado because he
executory. Taylor failed to appear when summoned for execution of judgment, used to be his customer. SP03 Relio then gave Emilo the marked money to be
prompting the judge to issue an order for his arrest. Taylor was able to use the used in buying shabu from Rado. The operation proceeded. After Emilo handed
backdoor and left for the United States. Fifteen years later, Taylor returned to the marked money to Rado in exchange for the sachets of shabu weighing 50
the Philippines and filed a Motion to Quash the warrant of arrest against him, grams, and upon receiving the pre-arranged signal from Ernilo, SP03 Relio and
on the ground that the penalty imposed against him had already prescribed. his team members barged in and arrested Rado and Ernilo, who were both
charged with violation of R.A. 9165, otherwise known as the Comprehensive
a) If you were the judge, would you grant Taylor's Motion to Quash? Dangerous Drugs Act of 2002.
Explain. (2.5%)
a) What defense, if any, may Ernilo invoke to free himself from criminal
b) Assuming that instead of the United States, Taylor was able to go to liability? Explain. (2.5%)
another country with which the Philippines had no extradition treaty,
will your answer be the same? Explain. (2.5%) b) May Rado adopt as his own Ernilo's defense? Explain. (2.5%)

VIII. A typhoon destroyed the houses of many of the inhabitants of X Municipality. X. Honesto and Wilma were married but had been living separately due to
 irreconcilable differences. Honesto later met Celia and fell in love with her. XII. Ando, an Indonesian national who just visited the Philippines, purchased a
Thinking that he could marry Celia if Wilma were to die, Honesto decided to kill ticket for a passenger vessel bound for Hong Kong. While on board the vessel,
Wilma. He secretly followed Wilma for weeks to learn her daily routine. He he saw his mortal enemy Iason, also an Indonesian national, seated at the back
decided to kill her at night on her way home. On the night he was to kill Wilma, portion of the cabin and who was busy reading a newspaper. Ando stealthily
Honesto wore dark clothes so that he would not be easily seen. He waited in approached Iason and when he was near him, Ando stabbed and killed Iason.
the dark alley for Wilma to pass by. He saw someone whom he thought looked The vessel is registered in Malaysia. The killing happened just a few moments
like Wilma and shot her with a revolver. The bullet passed through the person's after the vessel left the port of Manila. Operatives from the PNP Maritime
head and grazed another passerby's arm. Some bystanders who heard the shot Command arrested Ando. Presented for the killing of Iason, Ando contended
were able to stop Honesto. that he did not incur criminal liability because both he and the victim were
Indonesians. He likewise argued that he could not be prosecuted in Manila
It turned out that Wilma did not report for work on that day, and the one who because the vessel is a Malaysian-registered ship. Discuss the merits of Ando's
was shot in the head was Melba, who died. The passerby whose arm was contentions. (4%)
grazed by the bullet required medical attendance for two days.

a) What crime(s) did Honesto commit? Explain. (2.5%)

XIII. Dora gave Elen several pieces of jewelry for sale on commission basis. They
b) Will your answer be the same, assuming that the other passerby was agreed that Elen would remit the proceeds of the sale and return the unsold
hit in the left eye which caused his/her blindness? Explain. (2.5%) items to Dora within sixty days. The period expired without Elen remitting the
proceeds of the sale or returning the pieces of jewelry. Dora demanded by
XI. Nel learned that Elgar, the owner of the biggest house in the place, would be phone that Elen turn over the proceeds of the sale and return the unsold
out of town for three days with no one left to watch the house. He called his pieces of jewelry. Elen promised to do so the following day. El en still failed to
friends Ben, Ardo and Gorio and they planned to take the valuables in the make good on her promise but instead issued post-dated checks. Thereafter,
house while Elgar was away. Nel and Ben would go inside the house, Ardo Dora made several more demands, the last of which was in writing, but they
would serve as the lookout, while Gorio would stay in the getaway car. When were all unheeded. When the checks were deposited in Dora's bank account,
Elgar left, they carried out their plan to the letter. Nel and Ben went inside the the checks were returned unpaid for insufficient funds. Elen was charged with
house through the backdoor which was left unlocked. None of the rooms and estafa and violation of Batas Pambansa Big. 22. Will the charges against Elen
drawers inside were locked. They took the money, jewelry and other valuables prosper? Explain. (4%)
therefrom and immediately left using the getaway car.
XIV. Dela convinced Nita to work in Taiwan, promising Nita that she would take care
After driving for about one kilometer, Nel realized he left his bag and wallet of the processing of the necessary documents. Dela collected P120,000.00 from
with IDs in the house and so he instructed Gorio to drive back to the house. Nel Nita purportedly for the processing of her papers. Upon receipt of the money,
just went in thinking that the house was still empty. But to his surprise, Nel Nita was made to accomplish certain forms and was told that she would be
found Fermin seated on a bench with Nel's bag and wallet beside him and deployed to Taiwan within one month. After one month, Nita followed up on
appeared to be texting using his smart phone. Nel took a golf club near him and her application. Dela made some excuses and told Nita that the deployment
hit Fermin with it. Fermin shouted for help, but Nel kept hitting him until he would be delayed. Another month passed and Dela made other excuses which
stopped making noise. The noise alerted the neighbor who called the police. made Nita suspicious. Nita later discovered that Dela was not licensed to
Nel, Ben, Ardo and Gorio were caught. Fermin died. What is the criminal recruit. Nita confronted Dela and demanded the return of her money. Dela
liability of Nel, Ben, Ardo and Gorio? Explain. (5%) promised to return the same in a week's time.
 a) A week later, Dela was nowhere to be found. What crime(s) did Dela pregnant, and when she died, the fetus inside her womb also died, will
commit? Explain. (2.5%) your answer be different? Explain. (2.5%)

b) Will your answer still be the same, assuming that the promise to XVIII. Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got
deploy for employment abroad was made by Dela to Celia, Digna and the key to the safe where his father kept his licensed pistol and took the
Emma, in addition to Nita, and from whom Dela also collected the weapon. Knowing that Brutus usually hung out at a nearby abandoned building
same amount of processing fee? Explain. (2.5%) after class, Lito went ahead and hid while waiting for Brutus. When Lito was
convinced that Brutus was alone, he shot Brutus, who died on the spot. Lito
XV. Dancio, a member of a drug syndicate, was a detention prisoner in the then hid the gun in one of the empty containers. At the time of the shooting,
provincial jail of X Province. Brusco, another member of the syndicate, regularly Lito was fifteen years and one month old. What is Lito's criminal liability?
visited Dancio. Edri, the guard in charge who had been receiving gifts from Explain. (4%)
Brusco everytime he visited Dancio, became friendly with him and became XIX. Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which
relaxed in the inspection of his belongings during his jail visits. In one of would become due in one week. He was starting to worry because he still had
Brusco's visits, he was able to smuggle in a pistol which Dancio used to disarm not raised the amount to pay for his debt. Every day, he had prayed for divine
the guards and destroy the padlock of the main gate of the jail, enabling Dancio intervention. One night, while returning the taxi to the garage, he found a
to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain. (5%) wallet on the back seat. Inspecting it, he learned that it contained exactly Pl
0,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine
intervention, and that his prayers were answered, he took the money and used
it to pay his debt.
XVI. Erwin and Bea approached Mayor Abral and requested him to solemnize their
marriage. Mayor Abral agreed. Erwin and Bea went to Mayor Abral's office on a) What crime, if any, did Bruno commit? Explain. (2.5%)
the day of the ceremony, but Mayor Abral was not there. When Erwin and Bea
inquired where Mayor Abral was, his chief of staff Donato informed them that b) Assuming that instead of using the money, Bruno turned over the
the Mayor was campaigning for the coming elections. Donato told them that wallet and its contents to the nearby police station, and it was the chief
the Mayor authorized him to solemnize the marriage and that Mayor Abral of police of that station who appropriated the money for his own
would just sign the documents when he arrived. Donato thereafter solemnized benefit, what crime was committed by the chief of police? Explain.
the marriage and later turned over the documents to Mayor Abral for his (2.5%)
signature. In the marriage contract, it was stated that the marriage was
solemnized by Mayor Abral. What crime(s) did Mayor Abral and Donato XX. Senio planned to burn Bal' s house. One evening, during a drinking spree at his
commit? Explain. (4%) house, Senio told his friends what he intended to do and even showed them
XVII. After a heated argument over his philandering, Higino punched on the head his the gasoline in cans that he would use for the purpose. Carlo, a common friend
wife Aika, who was six and a half months pregnant. Because of the impact, Aika of Senio and Bal, was present at the drinking spree. He was still sober when
lost her balance, fell on the floor with her head hitting a hard object. Aika died Senio told them his plans. Before going home, Carlo warned Bal that Senio
and the child was expelled prematurely. After thirty-six hours, the child died. would burn his house and had already bought gasoline that would be used for
the purpose. Bal reported the matter to the police authorities. Meanwhile,
a) What crime(s) did Higino commit? Explain. (2.5%) Senio went to Bal' s house and proceeded to pour gasoline around the walls of
the house and it was at that point when he was caught by the police. What
b) Assuming that when the incident occurred, Aika was only six months crime did Senio commit, if any? Explain. (3%)
 and immediately their respective Presidents signed the following: (1) Executive
XXI. Filipino citizens Hector and Wendy were married in New York, and have been Agreement allowing the Republic of Kroi Sha to establish its embassy and
living happily in Manila for the last three years. Hector was removing junk from consular offices within Metro Manila; and (2) Executive Agreement allowing
his basement when he came across an unlabeled recordable cd. He put it in his the Republic of Kroi Sha to bring to the Philippines its military complement,
computer's DVD drive to check its contents. To his surprise, he saw a video of warships, and armaments from time to time for a period not exceeding one
Wendy and another man Ariel, in the act of sexual intercourse in the master's month for the purpose of training exercises with the Philippine military forces
bedroom of his house. Angered by what he saw, he filed a complaint for and exempting from Philippine criminal jurisdiction acts committed in the line
adultery against Wendy and Ariel. During the course of the trial, and again to of duty by foreign military personnel, and from paying custom duties on all the
the surprise of Hector, it was proved that Wendy was born male and goods brought by said foreign forces into Philippine territory in connection with
underwent sex reassignment later in life. the holding of the activities authorized under the said Executive Agreement.

a) May Hector's charge of adultery against Wendy and Ariel prosper? Senator Maagap questioned the constitutionality of the said Executive
Explain. (3%) Agreements and demanded that the Executive Agreements be submitted to the
Senate for ratification pursuant to the Philippine Constitution. Is Senator
b) What is an impossible crime? Can there be an impossible crime of Maagap correct? Explain. (4%)
adultery? (2%)
II. (1) A bill was introduced in the House of Representatives in order to implement
XXII. Charlie was charged for the qualified rape of AAA. The Information alleged that faithfully the provisions of the United Nations Convention on the Law of the
AAA was 14 years old at the time the crime was committed and that Charlie Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek
was AAA's stepfather. The presentation of AAA's birth certificate during the questioned the constitutionality of the bill on the ground that the provisions of
trial duly established the following: (1) that AAA was indeed 14 years old at the UN CLOS are violative of the provisions of the Constitution defining the
time of the rape; and (2) that AAA's mother is BBB and her father was the late Philippine internal waters and territorial sea. Do you agree or not with the said
CCC. BBB and Charlie only became live-in partners after CCC's death. The RTC objection? Explain. (3%)
found Charlie guilty of qualified rape. On appeal, the Court of Appeals
convicted Charlie of simple rape. Charlie appealed before the Supreme Court. (2) Describe the following maritime regimes under UNCLOS (4%)
How will you rule and why? (3%)
(a) Territorial sea

(b) Contiguous zone

(c) Exclusive economic zone

(d) Continental shelf

III. Professor Masipag who holds a plantilla or regular item in the University of the
2015 BAR EXAMINATIONS
Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals
POLITICAL LAW
(CA). The professor is considered only on leave of absence in UP while he
reports for work at the CA which shall pay him the salary of the Executive
Assistant. The appointment to the CA position was questioned, but Professor
I. The Philippines and the Republic of Kroi Sha established diplomatic relations
 Masipag countered that he will not collect the salary for both positions; hence, VIII. A law provides that the Secretaries of the Departments of Finance and Trade
he can not be accused of receiving double compensation. Is the argument of and Industry, the Governor of the Central Bank, the Director General of the
the professor valid? Explain. (4%) National Economic Development Authority, and the Chairperson of the
Philippine Overseas Construction Board shall sit as ex-officio members of the
IV. When is a facial challenge to the constitutionality of a law on the ground of Board of Directors (BOD) of a government owned and controlled corporation
violation of the Bill of Rights traditionally allowed? Explain your answer. (3%) (GOCC). The other four (4) members shall come from the private sector. The
BOD issues a resolution to implement a new organizational structure, staffing
pattern, a position classification system, and a new set of qualification
V. BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its standards. After the implementation of the Resolution, Atty. Dipasupil
1,000 common shares of stock in the Philippine Telecommunications Company questioned the legality of the Resolution alleging that the BOD has no authority
(PTC), a public utility, to Australian Telecommunications (AT), another to do so. The BOD claims otherwise arguing that the doctrine of qualified
stockholder of the PTC which also owns 1,000 common shares. A Filipino political agency applies to the case. It contends that since its agency is attached
stockholder of PTC questions the sale on the ground that it will increase the to the Department of Finance, whose head, the Secretary of Finance, is an alter
common shares of AT, a foreign company, to more than 40% of the capital ego of the President, the BOD's acts were also the acts of the President. Is the
(stock) of PTC in violation of the 40% limitation of foreign ownership of a public invocation of the doctrine by the BOD proper? Explain. (4%)
utility. AT argues that the sale does not violate the 60-40 ownership
requirement in favor of Filipino citizens decreed in Section II, Article XII of the
1987 Constitution because Filipinos still own 70% of the capital of the PTC. AT IX. Several senior officers of the Armed Forces of the Philippines received
points to the fact that it owns only 2,000 common voting shares and 1,000 non- invitations from the Chairperson of the Senate Committees on National
voting preferred shares while Filipino stockholders own 1,000 common shares Defense and Security for them to appear as resource persons in scheduled
and 6,000 preferred shares, therefore, Filipino stockholders still own a majority public hearings regarding a wide range of subjects. The invitations state that
of the outstanding capital stock of the corporation, and both classes of shares these public hearings were triggered by the privilege speeches of the Senators
have a par value of Php 20.00 per share. Decide. (5%) that there was massive electoral fraud during the last national elections. The
invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran,
who were among those tasked to maintain peace and order during the last
VI. (1) Distinguish the President's authority to declare a state of rebellion from the election, refused to attend because of an Executive Order banning all public
authority to proclaim a state of national emergency. (2%) officials enumerated in paragraph 3 thereof from appearing before either
house of Congress without prior approval of the President to ensure adherence
(2) What are the limitations, if any, to the pardoning power of the President? to the rule of executive privilege. Among those included in the enumeration are
(3%) "senior officials of executive departments who, in the judgment of the
department heads, are covered by executive privilege." Several individuals and
VII. Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After groups challenge the constitutionality of the subject executive order because it
finding the existence of probable cause, the court issues a warrant for the frustrates the power of the Congress to conduct inquiries in aid of legislation
Senator's arrest. The prosecution files a motion to suspend the Senator relying under Section 21, Article VI of the 1987 Constitution. Decide the case. (5%)
on Section 5 of the Plunder Law. According to the prosecution, the suspension
should last until the termination of the case. Senator Lis vigorously opposes the
motion contending that only the Senate can discipline its members; and that to X. The Secretary of the Department of Environment and Natural Resources
allow his suspension by the Court would violate the principle of separation of (DENR) issued Memorandum Circular No. 123-15 prescribing the administrative
powers. Is Senator Lis's contention tenable? Explain. (4%) requirements for the conversion of a timber license agreement (TLA) into an
Integrated Forestry Management Agreement (IFMA). ABC Corporation, a
 holder of a TLA which is about to expire, claims that the conditions for effect on September 25, 2014. Section 23 of the law specifically exempts the
conversion imposed by the said circular are unreasonable and arbitrary and a City of Masuwerte from the payment of legal fees in the cases that it would file
patent nullity because it violates the non-impairment clause under the Bill of and/or prosecute in the courts of law. In two (2) cases that it filed, the City of
Rights of the 1987 Constitution. ABC Corporation goes to court seeking the Masuwerte was assessed legal fees by the clerk of court pursuant to Rule 141
nullification of the subject circular. The DENR moves to dismiss the case on the (Legal Fees) of the Rules of Court. The City of Masuwerte questions the
ground that ABC Corporation has failed to exhaust administrative remedies assessment claiming that it is exempt from paying legal fees under Section 23
which is fatal to its cause of action. If you were the judge, will you grant the of its charter. Is the claim of exemption tenable? Explain. (4%)
motion? Explain. (4%)
XV. The President appointed Dexter I. Ty as Chairperson of the COMELEC on June
14, 2011 for a term of seven (7) years pursuant to the 1987 Constitution. His
XI. (1) What is the concept of expanded judicial review under the 1987 term of office started on June 2, 2011 to end on June 2, 2018. Subsequently,
Constitution? (3%) the President appointed Ms. Marikit as the third member of the COMELEC for a
term of seven (7) years starting June 2, 2014 until June 2, 2021. On June 2,
(2) Differentiate the rule-making power or the power of the Supreme Court to 2015, Chairperson Ty retired optionally after having served the government for
promulgate rules under Section 5, Article VIII of the 1987 Constitution and thirty (30) years. The President then appointed Commissioner Marikit as
judicial legislation. (2%) COMELEC Chairperson. The Commission on Appointments confirmed her
appointment. The appointment papers expressly indicate that Marikit will
XII. Discuss the evolution of the principle of jus sanguinis as basis of Filipino serve as COMELEC Chairperson "until the expiration of the original term of her
citizenship under the 1935, 1973, and 1987 Constitutions. (3%) office as COMELEC Commissioner or on June 2, 2021." Matalino, a tax payer,
files a petition for certiorari before the Supreme Court asserting that the
XIII. On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House appointment of Marikit as COMELEC Chairperson is unconstitutional for the
Bill No. 5432, entitled "An Act Providing for the Apportionment of the Lone following reasons: (1) The appointment of Marikit as COMELEC Chairperson
District of the City of Pangarap." The bill eventually became a law, R.A. No. constituted a reappointment which is proscribed by Section 1 (2), Article IX of
1234. It mandated that the lone legislative district of the City of Pangarap the 1987 Constitution; and (2) the term of office expressly stated in the
would now consist of two (2) districts. For the 2016 elections, the voters of the appointment papers of Marikit likewise contravenes the aforementioned
City of Pangarap would be classified as belonging to either the first or second constitutional provision. Will the constitutional challenge succeed? Explain.
district, depending on their place of residence. The constituents of each district (4%)
would elect their own representative to Congress as well as eight (8) members
of the Sangguniang Panglungsod. R.A. No. 1234 apportioned the City's
barangays. The COMELEC thereafter promulgated Resolution No. 2170 XVI. (1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor
implementing R.A. No. 1234. stating that she is eligible to run for the said position. Pasyo Maagap, who also
filed his COC for the same position, filed a petition to deny due course or cancel
Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to Bai's COC under Section 78 of the Omnibus Election Code for material
him, R.A. No. 1234 cannot be implemented without conducting a plebiscite misrepresentation as before Bai filed her COC, she had already been convicted
because the apportionment under the law falls within the meaning of creation, of a crime involving moral turpitude. Hence, she is disqualified perpetually
division, merger, abolition or substantial alteration of boundaries of cities from holding any public office or from being elected to any public office. Before
under Section 10, Article X of the 1987 Constitution. Is the claim correct? the election, the COMELEC cancelled Bai' s COC but her motion for
Explain. (4%) reconsideration (MR) remained pending even after the election. Bai garnered
the highest number of votes followed by Pasyo Maagap, who took his oath as
XIV. Congress enacted R.A. No. 14344 creating the City of Masuwerte which took Acting Mayor. Thereafter, the COMELEC denied Bai's MR and declared her
 disqualified for running for Mayor. P. Maagap asked the Department of Interior
and Local Government Secretary to be allowed to take his oath as permanent when the police officers searched his vehicle without a warrant; that the shabu
municipal mayor. This request was opposed by Vice Mayor Umaasa, invoking confiscated from him is thus inadmissible in evidence; and that there being no
the rule on succession to the permanent vacancy in the Mayor's office. Who evidence against him, he is entitled to an acquittal.
between Pasyo Maagap and Vice Mayor Umaasa has the right to occupy the
position of Mayor? Explain your answer. (5%) For its part, the People of the Philippines maintains that the case of Hades
involved a consented warrantless search which is legally recognized. The
(2) How do you differentiate the petition filed under Section 68 from the People adverts to the fact that Hades did not offer any protest when the police
petition filed under Section 78, both of the Omnibus Election Code? (3%) officers asked him if they could look inside the vehicle. Thus, any evidence
obtained in the course thereof is admissible in evidence.
XVII. The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization
of gay, bisexual, and transgender persons, filed for accreditation with the Whose claim is correct? Explain. (5%)
COMELEC to join the forthcoming party-list elections. The COMELEC denied the
application for accreditation on the ground that GBTY A espouses immorality XIX. Pursuant to its mandate to manage the orderly sale, disposition and
which offends religious dogmas. GBTY A challenges the denial of its application privatization of the National Power Corporation's (NPC) generation assets, real
based on moral grounds because it violates its right to equal protection of the estate and other disposable assets, the Power Sector Assets and Liabilities
law. Management (PSALM) started the bidding process for the privatization of
Angat Hydro Electric Power Plant ( AHEPP). After evaluation of the bids, K-Pop
(1) What are the three (3) levels of test that are applied in equal Energy Corporation, a South Korean Company, was the highest bidder.
protection cases? Explain. (3%) Consequently, a notice of award was issued to K-Pop. The Citizens' Party
questioned the sale arguing that it violates the constitutional provisions on the
(2) Which of the three (3) levels of test should be applied to the appropriation and utilization of a natural resource which should be limited to
present case? Explain. (3%) Filipino citizens and corporations which are at least 60% Filipino-owned. The
PSALM countered that only the hydroelectric facility is being sold and not the
XVIII. Around 12:00 midnight, a team of police officers was on routine patrol in Angat Dam; and that the utilization of water by a hydroelectric power plant
Barangay Makatarungan when it noticed an open delivery van neatly covered does not constitute appropriation of water from its natural source of water
with banana leaves. Believing that the van was loaded with contraband, the that enters the intake gate of the power plant which is an artificial structure.
team leader flagged down the vehicle which was driven by Hades. He inquired Whose claim is correct? Explain. (4%)
from Hades what was loaded on the van. Hades just gave the police officer a
blank stare and started to perspire profusely. The police officers then told XX. Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were
Hades that they will look inside the vehicle. Hades did not make any reply. The destroyed which impeded the entry of vehicles into the area. This caused food
police officers then lifted the banana leaves and saw several boxes. They shortage resulting in massive looting of grocery stores and malls. There is
opened the boxes and discovered several kilos of shabu inside. Hades was power outage also in the area. For these reasons, the governor of the province
charged with illegal possession of illegal drugs. After due proceedings, he was declares a state of emergency in their province through Proclamation No. 1. He
convicted by the trial court. On appeal, the Court of Appeals affirmed his also invoked Section 465 of the Local Government Code of 1991 (R.A. No. 7160)
conviction. which vests on the provincial governor the power to carryout emergency
measures during man-made and natural disasters and calamities, and to call
In his final bid for exoneration, Hades went to the Supreme Court claiming that upon the appropriate national law enforcement agencies to suppress disorder
his constitutional right against unreasonable searches and seizures was violated and lawless violence. In the same proclamation, the governor called upon the
 members of the Philippine National Police, with the assistance of the Armed
Forces of the Philippines, to set up checkpoints and chokepoints, conduct 2015 BAR EXAMINATIONS
general searches and seizures including arrests, and other actions necessary to REMEDIAL LAW
ensure public safety. Was the action of the provincial governor proper? Explain.
(4%)

XXI. The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party

which has participated in every election since the enactment of the 1987
Constitution. It has fielded candidates mostly for legislative district elections. In
fact, a number of its members were elected, and are actually serving, in the
House of Representatives. In the coming 2016 elections, the PMP leadership I. Lender extended to Borrower a Pl00,000.00 loan covered by a promissory note.
intends to join the party-list system. Later, Borrower obtained another Pl00,000.00 loan again covered by a
promissory note. Still later, Borrower obtained a P300,000.00 loan secured by a
Can PMP join the party-list system without violating the Constitution and real estate mortgage on his land valued at 11500,000.00. Borrower defaulted
Republic Act (R.A.) No. 7941? (4%) on his payments when the loans matured. Despite demand to pay the
llS00,000.00 loan, Borrower refused to pay. Lender, applying the totality rule,
XXII. The President appoints Emilio Melchor as Chairperson of the Civil Service filed against Borrower with the Regional Trial Court (RTC) of Manila, a
Commission. Upon confirmation of Melchor's appointment, the President collection suit for P500,000.00.
issues an executive order including him as Ex-Officio member of the Board of
Trustees of the Government Service Insurance System (GSIS), Employees a.) Did Lender correctly apply the totality rule and the rule on joinder
Compensation Commission (ECC), and the Board of Directors of the Philippine of causes of action? (2%)
Health Insurance Corporation (PHILHEALTH). Allegedly, this is based on the
Administrative Code of 1997 (E.O. No. 292), particularly Section 14, Chapter 3, At the trial, Borrower's lawyer, while cross-examining Lender,
Title I-A, Book V. This provision reads: "The chairman of the CSC shall be a successfully elicited an admission from the latter that the two
member of the Board of Directors of other governing bodies of government promissory notes have been paid. Thereafter, Borrower's lawyer filed a
entities whose functions affect the career development, employment, status, motion to dismiss the case on the ground that as proven only
rights, privileges, and welfare of government officials and employees... " A P300,000.00 was the amount due to Lender and which claim is within
taxpayer questions the designation of Melchor as ex-officio member of the said the exclusive original jurisdiction of the Metropolitan Trial Court. He
corporations before the Supreme Court based on two (2) grounds, to wit: (1) it further argued that lack of jurisdiction over the subject matter can be
violates the constitutional prohibition on members of the Constitutional raised at any stage of the proceedings.
Commissions to hold any other office or employment during his tenure; and (2)
it impairs the independence of the CSC. Will the petition prosper? Explain. (4%) b.) Should the court dismiss the case? (3%)

II. Circe filed with the RTC a complaint for the foreclosure of real estate mortgage
against siblings Scylla and Charybdis, co-owners of the property and
cosignatories to the mortgage deed. The siblings permanently reside in Athens,
Greece. Circe tipped off Sheriff Pluto that Scylla is on a balikbayan trip and is
billeted at the Century Plaza Hotel in Pasay City. Sheriff Pluto went to the hotel
and personally served Scylla the summons, but the latter refused to receive
 summons for Charybdis as she was not authorized to do so. Sheriff Pluto property as duly annotated in the TCT, was not impleaded as defendant.
requested Scylla for the email address and fax number of Charybdis which the
latter readily gave. Sheriff Pluto, in his return of the summons, stated that a.) Should the complaint be dismissed? (3%)
"Summons for Scylla was served personally as shown by her signature on the
receiving copy of the summons. Summons on Charybdis was served pursuant b.) If the case should proceed to trial without Grieg being impleaded as
to the amendment of Rule 14 by facsimile transmittal of the summons and a party to the case, what is his remedy to protect his interest? (2%)
complaint on defendant's fax number as evidenced by transmission verification
report automatically generated by the fax machine indicating that it was V. Ernie filed a petition for guardianship over the person and properties of his
received by the fax number to which it was sent on the date and time indicated father, Ernesto. Upon receipt of the notice of hearing, Ernesto filed an
therein." opposition to the petition. Ernie, before the hearing of the petition, filed a
motion to order Ernesto to submit himself for mental and physical examination
Circe, sixty (60) days after her receipt of Sheriff Pluto's return, filed a Motion to which the court granted.
Declare Charybdis in default as Charybdis did not file any responsive pleading.
After Ernie's lawyer completed the presentation of evidence in support of the
a.) Should the court declare Charybdis in default? (2%) petition and the court's ruling on the formal offer of evidence, Ernesto's lawyer
filed a demurrer to evidence.
Scylla seasonably filed her answer setting forth therein as a defense
that Charybdis had paid the mortgage debt. Ernie's lawyer objected on the ground that a demurrer to evidence is not
proper in a special proceeding.
b.) On the premise that Charybdis was properly declared in default,
what is the effect of Scylla's answer to the complaint? (2%) a.) Was Ernie's counsel's objection proper? (2%)

III. Juliet invoking the provisions of the Rule on Violence Against Women and their b.) If Ernesto defies the court's order directing him to submit to
Children filed with the RTC designated as a Family Court a petition for issuance physical and mental examinations, can the court order his arrest? (2%)
of a Temporary Protection Order (TPO) against her husband, Romeo. The
Family Court issued a 30-day TPO against Romeo. A day before the expiration VI. A law was passed declaring Mt. Karbungko as a protected area since it as a
of the TPO, Juliet filed a motion for extension. Romeo in his opposition raised, major watershed. The protected area covered a portion located in Municipality
among others, the constitutionality of R.A. No. 9262 (The VAWC Law) arguing A of the Province I and a portion located in the City of Z of Province II. Maingat
that the law authorizing the issuance of a TPO violates the equal protection and is the leader of Samahan ng Tagapag-ingat ng Karbungko (STK), a people's
due process clauses of the 1987 Constitution. The Family Court judge, in organization. He learned that a portion of the mountain located in the City of Z
granting the motion for extension of the TPO, declined to rule on the of Province II was extremely damaged when it was bulldozed and leveled to the
constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family ground, and several trees and plants were cut down and burned by workers of
Courts are without jurisdiction to pass upon constitutional issues, being a World Pleasure Resorts, Inc. (WPRI) for the construction of a hotel and golf
special court of limited jurisdiction and R.A. No. 8369, the law creating the course. Upon inquiry with the project site engineer if they had a permit for the
Family Courts, does not provide for such jurisdiction. Is the Family Court judge project, Maingat was shown a copy of the Environmental Compliance
correct when he declined to resolve the constitutionality of R.A. No. 9262? (3%) Certificate (ECC) issued by the DENR-EMB, Regional Director (RD-DENR-EMB).
IV. Strauss filed a complaint against Wagner for cancellation of title. Wagner Immediately, Maingat and STK filed a petition for the issuance of a writ of
moved to dismiss the complaint because Grieg, to whom he mortgaged the continuing mandamus against RD-DENR-EMB and WPRI with the RTC of
Province I, a designated environmental court, as the RD-DENR-EMB negligently
 issued the ECC to WPRI.
complaint, the truth being defendant did not execute any promissory note in
On scrutiny of the petition, the court determined that the area where the favor of plaintiff, or
alleged actionable neglect or omission subject of the petition took place in the
City of Z of Province II, and therefore cognizable by the RTC of Province II. Thus, 2) Defendant has paid the Ill million claimed in the promissory note (Annex "A"
the court dismissed outright the petition for lack of jurisdiction. of the Complaint) as evidenced by an "Acknowledgment Receipt" duly
executed by plaintiff on January 30, 2015 in Manila with his spouse signing as
a.) Was the court correct in motu proprio dismissing the petition? (3%) witness.

Assuming that the court did not dismiss the petition, the RD-DENR-EMB A copy of the "Acknowledgment Receipt" is attached as Annex "1" hereof.
in his Comment moved to dismiss the petition on the ground that
petitioners failed to appeal the issuance of the ECC and to exhaust Plaintiff filed a motion for judgment on the pleadings on the ground that
administrative remedies provided in the DENR Rules and Regulations. defendant's answer failed to tender an issue as the allegations therein on his
defenses are sham for being inconsistent; hence, no defense at all. Defendant
b.) Should the court dismiss the petition? (3%) filed an opposition claiming his answer tendered an issue.

VII. Plaintiff sued defendant for collection of P 1 million based on the latter's a.) Is judgment on the pleadings proper? (3%)
promissory note. The complaint alleges, among others:
Defendant filed a motion for summary judgment on the ground that
1) Defendant borrowed P1 million from plaintiff as evidenced by a duly there are no longer any triable genuine issues of facts.
executed promissory note;
b.) Should the court grant defendant's motion for summary judgment?
2) The promissory note reads: (3%)

"Makati, Philippines VIII. Aldrin entered into a contract to sell with Neil over a parcel of land. The
Dec. 30, 2014 contract stipulated a P500,000.00 down payment upon signing and the balance
payable in twelve (12) monthly installments of Pl00,000.00. Aldrin paid the
For value received from plaintiff, defendant promises to pay plaintiff Pl million, down payment and had paid three (3) monthly installments when he found out
twelve (12) months from the above indicated date without necessity of that Neil had sold the same property to Yuri for Pl.5 million paid in cash. Aldrin
demand. sued Neil for specific performance with damages with the RTC. Yuri, with leave
of court, filed an answer-in-intervention as he had already obtained a TCT in his
Signed name. After trial, the court rendered judgment ordering Aldrin to pay all the
Defendant" installments due, the cancellation of Yuri's title, and Neil to execute a deed of
sale in favor of Aldrin. When the judgment became final and executory, Aldrin
A copy of the promissory note is attached as Annex "A." paid Neil all the installments but the latter refused to execute the deed of sale
in favor of the former.
Defendant, in his verified answer, alleged among others:
Aldrin filed a "Petition for the Issuance of a Writ of Execution" with proper
1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the notice of hearing. The petition alleged, among others, that the decision had
 that it only contained the copy of the information, the submissions of the
become final and executory and he is entitled to the issuance of the writ of prosecutor and a copy of the warrant of arrest. Immediately, Rapido's counsel
execution as a matter of right. Neil filed a motion to dismiss the petition on the filed a motion to quash the arrest warrant for being void, citing as grounds:
ground that it lacked the required certification against forum shopping.
a.) The judge before issuing the warrant did not personally conduct a
a.) Should the court grant Neil's Motion to Dismiss? (3%) searching examination of the prosecution witnesses in violation of his
client's constitutionally-mandated rights;
Despite the issuance of the writ of execution directing Neil to execute
the deed of sale in favor of Aldrin, the former obstinately refused to b.) There was no prior order finding probable cause before the judge
execute the deed. issued the arrest warrant.

b.) What is Aldrin's remedy? (2%) May the warrant of arrest be quashed on the grounds cited by Rapido's
counsel? State your reason for each ground. (4%)
IX. Hades, an American citizen, through a dating website, got acquainted with
Persephone, a Filipina. Hades came to the Philippines and proceeded to Baguio XI. The Ombudsman found probable cause to charge with plunder the provincial
City where Persephone resides. Hades and Persephone contracted marriage, governor, vice governor, treasurer, budget officer, and accountant. An
solemnized by the Metropolitan Trial Court judge of Makati City. After the Information for plunder was filed with the Sandiganbayan against the
wedding, Hades flew back to California, United States of America, to wind up provincial officials except for the treasurer who was granted immunity when he
his business affairs. On his return to the Philippines, Hades discovered that agreed to cooperate with the Ombudsman in the prosecution of the case.
Persephone had an illicit affair with Phanes. Immediately, Hades returned to Immediately, the governor filed with the Sandiganbayan a petition for certiorari
the United States and was able to obtain a valid divorce decree from the against the Ombudsman claiming there was grave abuse of discretion in
Superior Court of the County of San Mateo, California, a court of competent excluding the treasurer from the Information.
jurisdiction against Persephone. Hades desires to marry Hestia, also a Filipina,
whom he met at Baccus Grill in Pasay City. a.) Was the remedy taken by the governor correct? (2%)

a.) As Hades' lawyer, what petition should you file in order that your b.) Will the writ of mandamus lie to compel the Ombudsman to include
client can avoid prosecution for bigamy ifhe desires to marry Hestia? the treasurer in the Information? (3%)
(2%)
c.) Can the Special Prosecutor move for the discharge of the budget
b.) In what court should you file the petition? (1%) officer to corroborate the testimony of the treasurer in the course of
presenting its evidence? (2%)
c.) What is the essential requisite that you must comply with for the
purpose of establishing jurisdictional facts before the court can hear XII. Paz was awakened by a commotion coming from a condo unit next to hers.
the petition? (3%) Alarmed, she called up the nearby police station. PO 1 Remus and P02 Romulus
proceeded to the condo unit identified by Paz. PO 1 Remus knocked at the door
X. An information for murder was filed against Rapido. The RTC judge, after and when a man opened the door, POI Remus and his companions introduced
personally evaluating the prosecutor's resolution, documents and parties' themselves as police officers. The man readily identified himself as Oasis Jung
affidavits submitted by the prosecutor, found probable cause and issued a and gestured to them to come in. Inside, the police officers saw a young lady
warrant of arrest. Rapido's lawyer examined the rollo of the case and found with her nose bleeding and face swollen. Asked by P02 Romulus what
 happened, the lady responded that she was beaten up by Oasis Jung. The
police officers arrested Oasis Jung and brought him and the young lady back to order granting Jaime's motion for new trial? (3%)
the police station. PO1 Remus took the young lady's statement who identified
herself as AA. She narrated that she is a sixteen-year-old high school student; b.) In what court and within what period should a remedy be availed
that previous to the incident, she had sexual intercourse with Oasis Jung at of? (1%)
least five times on different occasions and she was paid P5,000.00 each time
and it was the first time that Oasis Jung physically hurt her. P02 Romulus c.) Who should pursue the remedy? (2%)
detained Oasis Jung at the station's jail. After the inquest proceeding, the
public prosecutor filed an information for Violation of R.A. No. 9262 (The VA XIV. Pedro was charged with theft for stealing Juan's cellphone
WC Law) for physical violence and five separate informations for violation of worth P20,000.00. Prosecutor Marilag at the pre-trial submitted the judicial
R.A. No. 7610 (The Child Abuse Law). Oasis Jung's lawyer filed a motion to be affidavit of Juan attaching the receipt for the purchase of the cellphone to
admitted to bail but the court issued an order that approval of his bail bond prove civil liability. She also submitted the judicial affidavit of Mario, an
shall be made only after his arraignment. eyewitness who narrated therein how Pedro stole Juan's cellphone.

a.) Did the court properly impose that bail condition? (3%) At the trial, Pedro's lawyer objected to the prosecution's use of judicial
affidavits of her witnesses considering the imposable penalty on the offense
Before arraignment, Oasis Jung's lawyer moved to quash the other four with which his client was charged.
separate informations for violation of the child abuse law invoking the
single larceny rule. a.) Is Pedro's lawyer correct in objecting to the judicial affidavit of
Mario? (2%)
b.) Should the motion to quash be granted? (2%)
b.) Is Pedro's lawyer correct in objecting to the judicial affidavit of
c.) After his release from detention on bail, can Oasis Jung still question Juan? (2%)
the validity of his arrest? (2%)
At the conclusion of the prosecution's presentation of evidence,
XIII. Jaime was convicted for murder by the Regional Trial Court of Davao City in a Prosecutor Marilag orally offered the receipt attached to Juan's judicial
decision promulgated on September 30, 2015. On October 5, 2015, Jaime filed affidavit, which the court admitted over the objection of Pedro's
a Motion for New Trial on the ground that errors of law and irregularities lawyer.
prejudicial to his rights were committed during his trial. On October 7, 2015,
the private prosecutor, with the conformity of the public prosecutor, filed an After Pedro's presentation of his evidence, the court rendered
Opposition to Jaime's motion. On October 9, 2015, the court granted Jaime's judgment finding him guilty as charged and holding him civilly liable for
motion. On October 12, 2015, the public prosecutor filed a motion for P20,000.00.
reconsideration. The court issued an Order dated October 16, 2015 denying the
public prosecutor's motion for reconsideration. The public prosecutor received Pedro's lawyer seasonably filed a motion for reconsideration of the
his copy of the order of denial on October 20, 2015 while the private decision asserting that the court erred in awarding the civil liability on
prosecutor received his copy on October 26, 2015. the basis of Juan's judicial affidavit, a documentary evidence which
Prosecutor Marilag failed to orally offer.
a.) What is the remedy available to the prosecution from the court's
 c.) Is the motion for reconsideration meritorious? (2%) a.) Is BB's counsel correct? (3%)

XV. Water Builders, a construction company based in Makati City, entered into a In order to obviate the counsel's argument on the competency of AA as
construction agreement with Super Powers, Inc., an energy company based in prosecution witness, the judge motu proprio conducted his voir dire
examination on AA.
Manila, for the construction of a mini hydro electric plant. Water Builders failed
to complete the project within the stipulated duration. Super Powers cancelled b.) Was the action taken by the judge proper? (2%)
the contract. Water Builders filed a request for arbitration with the
Construction Industry Arbitration Commission (CIAC). After due proceedings, After the prosecution had rested its case, BB' s counsel filed with leave
CIAC rendered judgment in favor of Super Powers, Inc. ordering Water Builders a demurrer to evidence, seeking the dismissal of the case on the
to pay the former P10 million, the full amount of the down payment paid, and ground that the prosecutor failed to present any evidence on BB' s
P2 million by way of liquidated damages. Dissatisfied with the CIAC's judgment, minority as alleged in the Information.
Water Builders, pursuant to the Special Rules of Court on Alternative Dispute
Resolution (ADR Rules) filed with the RTC of Pasay City a petition to vacate the c.) Should the court grant the demurrer? (3%)
arbitral award. Super Powers, Inc., in its opposition, moved to dismiss the
petition, invoking the ADR Rules, on the ground of improper venue as neither XVII. Hercules was walking near a police station when a police officer signaled for
of the parties were doing business in Pasay City. him to approach. As soon as Hercules came near, the police officer frisked him
but the latter found no contraband. The police officer told Hercules to get
Should Water Builders' petition be dismissed? (3%) inside the police station. Inside the police station, Hercules asked the police
officer, "Sir, may problema po ba?" Instead of replying, the police officer locked
XVI. AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who up Hercules inside the police station jail.
befriended her. Later, BB brought AA to a nearby shanty where he raped her.
The Information for rape filed against BB states: a.) What is the remedy available to Hercules to secure his immediate
release from detention? (2%)
"On or about October 30, 2015, in the City of S.P. and within the jurisdiction of
this Honorable Court, the accused, a minor, fifteen (15) years old with lewd b.) If Hercules filed with the Ombudsman a complaint for warrantless
design and by means of force, violence and intimidation, did then and there, search, as counsel for the police officer, what defense will you raise for
willfully, unlawfully and feloniously had sexual intercourse with AA, a minor, the dismissal of the complaint? (3%)
twelve (12) years old against the latter's will and consent."
c.) If Hercules opts to file a civil action against the police officer, will he
At the trial, the prosecutor called to the witness stand AA as his first witness have a cause of action? (3%)
and manifested that he be allowed to ask leading questions in conducting his
direct examination pursuant to the Rule on the Examination of a Child Witness. XVIII. The residents of Mt. Ahohoy, headed by Masigasig, formed a nongovernmental
BB's counsel objected on the ground that the prosecutor has not conducted a organization - Alyansa Laban sa Minahan sa Ahohoy (ALMA) to protest the
competency examination on the witness, a requirement before the rule cited mining operations of Oro Negro Mining in the mountain. ALMA members
can be applied in the case. picketed daily at the entrance of the mining site blocking the ingress and egress
of trucks and equipment of Oro Negro, hampering its operations. Masigasig
had an altercation with Mapusok arising from the complaint of the mining
engineer of Oro Negro that one of their trucks was destroyed by ALMA
members. Mapusok is the leader of the Association of Peace Keepers of
Ahohoy (APKA), a civilian volunteer organization serving as auxiliary force of
the local police to maintain peace and order in the area. Subsequently,
Masigasig disappeared. Mayumi, the wife of Masigasig, and the members of
ALMA searched for Masigasig, but all their efforts proved futile. Mapagmatyag,
a member of ALMA, learned from Maingay, a member of APKA, during their I
binge drinking that Masigasig was abducted by other members of APKA, on
order of Mapusok. Mayumi and ALMA sought the assistance of the local police Section 1 of P.D. No. 755 states:
to search for Masigasig, but they refused to extend their cooperation.
"Section 1. Declaration of National Policy. - It is hereby declared that the policy of the
Immediately, Mayumi filed with the RTC, a petition for the issuance of the writ State is to provide readily available credit facilities to the coconut farmers at
of amparo against Mapusok and APKA. ALMA also filed a petition for the preferential rates; that this policy can be expeditiously and efficiently realized by the
issuance of the writ of amparo with the Court of Appeals against Mapusok and implementation of the 'Agreement for the Acquisition of a Commercial Bank for the
APKA. Respondents Mapusok and APKA, in their Return filed with the RTC, Benefit of the Coconut Farmers' executed by the Philippine Coconut Authority, the
raised among their defenses that they are not agents of the State; hence, terms of which 'Agreement' are hereby incorporated by reference; x x x"
cannot be impleaded as respondents in an amparo petition.
A copy of the Agreement was not attached to the Presidential Decree.
a.) Is their defense tenable? (3%)
P.D. No. 755 was published in the Official Gazette but the text of the Agreement
Respondents Mapusok and APKA, in their Return filed with the Court of described in Section 1 was not published. Can the Agreement in question be accorded
Appeals, raised as their defense that the petition should be dismissed the status of a law? Explain. (5%)
on the ground that ALMA cannot file the petition because of the earlier
petition filed by Mayumi with the RTC. II

b.) Are respondents correct in raising their defense? (3%) With regard to an award of interest in the concept of actual and compensatory
damages, please state the guidelines regarding the manner of computing legal interest
c.) Mayumi later filed separate criminal and civil actions against in the following situations:
Mapusok. How will the cases affect the amparo petition she earlier
filed? (1%) [a) when the obligation is breached and it consists in the payment of a sum of
money like a loan or forbearance of money; (2.5%)

[b] when the obligation does not constitute a loan or forbearance of money.
(2.5%)

Consider the issuance of BSP-MB Circular No. 799, which became effective on July 1,
2013.
2016 BAR EXAMINATIONS
CIVIL LAW
 III VI

Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from Pedro bought a parcel of land described as Cadastral Lot No. 123 and the title was
her mother that she can go to the United States for naturalization. Juliet promised she issued to his name. Juan also bought a lot in the same place, which is described as
will be back the moment she becomes an American. After sometime, Romeo learned Cadastral Lot No. 124. Pedro hired a geodetic engineer to determine the actual location
from a friend that Juliet already became a U.S. citizen and even divorced him to marry a of Lot No. 123 but for some reason, the engineer pointed to Lot No. 124 by mistake.
wealthy American businessman. Romeo filed a petition before the Regional Trial Court Pedro hired a contractor to construct his house and the latter put up a sign stating the
praying that an order be issued authorizing him to remarry pursuant to Article 26 of the name of the owner of the project and the construction permit number. It took more
Family Code. Decide the petition with reasons. (5%) than a year before the house was constructed. When Pedro was already residing in his
house, Juan told him to remove his house because it was built on his (Juan's) lot.
IV
Juan filed a Complaint for Recovery of Possession and prayed that the house be
Leo married Lina and they begot a son. After the bitth of their child, Lina exhibited removed because Pedro is a builder in bad faith. Pedro filed his Answer with
unusual behavior and started to neglect her son; she frequently went out with her Counterclaim that he is entitled to the payment of the value of the house plus damages
friends and gambled in casinos. Lina later had extra-marital affairs with several men because he is a builder in good faith and that Juan is guilty of estoppel and laches.
and eventually abandoned Leo and their son. Leo was able to talk to the psychiatrist of
Lina who told him that Lina suffers from dementia praecox, a form of psychosis where [a] If Pedro is a builder in good faith, what are the rights given to Juan under
the afflicted person is prone to commit homicidal attacks. Leo was once stabbed by the law? Explain. (2.5%)
Lina but fortunately he only suffered minor injuries. Will a Petition for Declaration of
Nullity of Marriage filed with the court prosper? Explain. (5%) [b] If Pedro is a builder in bad faith, what are the rights given to Juan under the
law? Explain. (2.5%)
V
VII
Bernard and Dorothy lived together as common-law spouses although they are both
capacitated to marry. After one year of cohabitation, Dorothy went abroad to work in Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon
Dubai as a hair stylist and regularly sent money to Bernard. With the money, Bernard River. An alluvial deposit of two (2) hectares was added to the registered area. Daniel
bought a lot. For a good price, Bernard sold the lot. Dorothy came to know about the took possession of the portion formed by accretion and claims that he has been in
acquisition and sale of the lot and filed a suit to nullify the sale because she did not give open, continuous and undisturbed possession of said portion since 1923 as shown by a
her consent to the sale. tax declaration. In 1958, Benjamin filed a Complaint for Quieting of Title and contends
that the alluvium belongs to him as the riparian owner and that since the alluvium is,
[a] Will Dorothy's suit prosper? Decide with reasons. (2.5%) by law, part and parcel of the registered property, the same may be considered as
registered property. Decide the case and explain. (5%)
[b] Suppose Dorothy was jobless and did not contribute money to the
acquisition of the lot and her efforts consisted mainly in the care and VIII
maintenance of the family and household, is her consent to the sale a
prerequisite to its validity? Explain. (2.5%) Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a
title. One day, a group of armed men forcibly entered their house and, at gun point,
forced them to sign a Deed of 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 secured by a mortgage on Ellen's lot. Due to non-payment, Mega Bank foreclosed the
else they will be killed. The spouses went to Manila and resided there for more than 35 mortgage and was declared the highest bidder. Title was later registered in the name of
years. They never went back to Cotabato for fear of their lives. Word came to them the bank. When Ellen was notified that she should vacate the premises, she filed a
that peace and order have been restored in their former place of residence and they complaint to nullify the loan with mortgage, the auction sale and the title of Mega Bank
decided to reclaim their land for the benefit of their grandchildren. Joven and Juliana on the ground that the bank is not a mortgagee in good faith. Decide the case with
filed a suit for reconveyance of their property. This was opposed by the grandson of reasons. (5%)
Romeo to whom the title was eventually transferred, on the ground of laches and
prescription. Decide the case and rule on the defenses of laches and prescription. XII
Explain your answer. (5%)
On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel where
IX 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 P300,000.00. The prevailing market value of the lot
Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted in the payment. A was P3,000.00 per square meter. On March 20, 2008, they executed another
case for collection of a sum of money was filed against him. As a defense, Butch claims "Agreement To Buy Back/Redeem Property" where Ariel was given an option to
that there was already an arrangement with Hagibis on the payment of the loan. To repurchase the property on or before March 20, 2010 for the same price. Ariel,
implement the same, Butch already surrendered five (5) service utility vehicles (SUVs) however, remained in actual possession of the lot. Since Noel did not pay the taxes,
to the company for it to sell and the proceeds to be credited to the loan as payment. Ariel paid the real property taxes to avoid a delinquency sale.
Was the obligation of Butch extinguished by reason of dacion en pago upon the
surrender of the SUVs? Decide and explain. (5%) On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a manager's check for
P300,000.00 manifesting that he is redeeming the property. Noel rejected the
X redemption claiming that the DAS was a true and valid sale representing the true intent
of the parties. Ariel filed a suit for the nullification of the DAS or the reformation of said
Jerico, the project owner, entered into a Construction Contract with Ivan for the latter agreement to that of a Loan with Real Estate Mortgage. He claims the DAS and the
to construct his house. Jojo executed a Surety undertaking to guarantee the redemption agreement constitute an equitable mortgage. Noel however claims it is a
performance of the work by Ivan. Jerico and Ivan later entered into a Memorandum of valid sale with pacto de retro and Ariel clearly failed to redeem the property.
Agreement (MOA) revising the work schedule of Ivan and the subcontractors. The MOA
stated that all the stipulations of the original contract not in conflict with said As the RTC judge, decide the case with reasons. (5%)
agreement shall remain valid and legally effective. Jojo filed a suit to declare him
relieved of his undertaking as a result of the MOA because of the change in the work XIII
schedule. Jerico claims there is no novation of the Construction Contract. Decide the
case and explain. (5%) Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the amount of
P20,000.00 to his daughter, Paula, for the payment of her tuition fee. Paula went to an
XI RPP branch but was informed that there was no money remitted to her name. Peter
inquired from RPP and was informed that there was a computer glitch and the money
Ellen entrusted her title over the lot where she is residing to Patrick, her nephew, for was credited to another person. Peter and Paula sued RPP for actual damages, moral
safekeeping because of her poor eyesight. Patrick, a gambler, prepared a Special Power damages and exemplary damages. The trial court ruled that there was no proof of
of Attorney empowering him to mortgage the lot. Ellen's signature was forged. With pecuniary loss to the plaintiffs but awarded moral damages of P20,000.00 and
the help of Julia who represented herself as Ellen, Mega Bank granted a loan to Patrick exemplary damages of P5,000.00. On appeal, RPP questioned the award of moral and
exemplary damages. Is the trial court correct in awarding moral and exemplary [a] Is the exercise by Peter of his power to rescind extra-judicially the Contract
damages? Explain. (5%) to Sell the proper and legal way of rescinding said contract? Explain. (2.5%)

XIV [b] In case Paul made a downpayment pursuant to a stipulation in the Contract
to Sell, what is the legal remedy of Peter? (2.5%)
On February 28, 1998, Arthur filed an application for registration of title of a lot in
Temate, Cavite before the Regional Trial Court of Naic, Cavite under Section 48(b) of XVI
Commonwealth Act No. 141 (CA 141) for judicial confirmation ofimperfect title. Section
48(b) of CA 141 requires possession counted from June 12, 1945. Arthur presented Don Ricardo had 2 legitimate children - Tomas and Tristan. Tristan has 3 children.
testimonial and documentary evidence that his possession and that of his Meanwhile, Tomas had a relationship with Nancy, who was also single and had the
predecessors-ininterest started in 1936. The lot was declared alienable and disposable legal capacity to marry. Nancy became pregnant and gave birth to Tomas, Jr. After the
(A and D) in 1993 based on a PENRO certification and a certified true copy of the birth of Tomas, Jr., his father, Tomas, died. Later, Don Ricardo died without a will and
original classification made by the DENR Secretary. The government opposed the Tristan opposed the motion of Tomas, Jr. to be declared an heir of the deceased since
application on the ground that the lot was certified A and D only in 1993 while the he is an illegitimate child. Tomas, Jr. countered that Article 992 of the Civil Code is
application was instituted only in 1998. Arthur's possession of five (5) years from the unconstitutional for violation of the equal protection of the laws. He explained that an
date of declaration does not comply with the 30-year period required under CA 141. illegitimate child of an illegitimate parent is allowed to inherit under Articles 902, 982
Should the possession of Arthur be reckoned from the date when the lot was declared and 990 of the Civil Code while he - an illegitimate child of a legitimate father - cannot.
A and D or from the date of actual possession of the applicant? Explain. (5%) Civil Law commentator Arturo Tolentino opined that Article 992 created an absurdity
and committed an injustice because while the illegitimate descendant of an illegitimate
XV child can represent, the illegitimate descendant of a legitimate child cannot. Decide the
case and explain. (5%)
Peter and Paul entered into a Contract to Sell whereby Peter, the lot owner, agreed to
sell to Paul his lot on November 6, 2016 for the price of Pl ,000,000.00 to be paid at the XVII
residence of Peter in Makati City at 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 Macario bought a titled lot from Ramon, got the title and took possession of the lot.
the title to Paul. Since Macario did not have the money to pay the taxes, fees and registration expenses,
he was not able to register the Deed of Absolute Sale. Upon advice, he merely executed
On November 6, 2016, Paul did not show up and was not heard of from that date on. In an Affidavit of Adverse Claim and had it annotated at the back of the title. A few years
view of the nonperformance by Paul of his obligation, Peter sent a letter to Paul that he after, he received a Notice of Levy on Attachment and Writ of Execution in favor of
is expressly and extra-judicially declaring the Contract to Sell rescinded and of no legal Alex. The notice, writ and certificate of sale were annotated at the back of the title still
and binding effect. Peter further stated that failure on the part of Paul to contest the in Ramon's name. Alex contends that since the Affidavit of Adverse Claim is effective
rescission within thirty (30) days from receipt of said letter shall mean that the latter only for 30 days from the date of its registration, then its validity has expired. Macario
agreed to the rescission. posits that the annotation of his adverse claim is notice to the whole world of his
purchase of the lot in question. Who has the superior right over the disputed property -
Paul did not reply to this letter for five (5) years. Thus, Peter decided to sell his lot to Macario or Alex? Explain. (5%)
Henry in 2021. After hearing that Henry bought the lot, Paul now questions the sale of
the lot to Henry and files a complaint for nullification of the sale. XVIII
Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the [b] In case the marriage was solemnized in 1980 before the effectivity of the
hospital. The fees of Dr. Jack are paid directly to him by the patient or through the Family Code, is it required that a judicial petition be filed to declare the
cashier of the hospital. The hospital publicly displays in the lobby the names and marriage null and void? Explain. (2.5%)
specializations of the doctors associated or accredited by it, including that of Dr. Jack.
Marta engaged the services of Dr. Jack because of recurring stomach pain. It was XX
diagnosed that she is suffering from cancer and had to be operated on. Before the
operation, she was asked to sign a "consent for hospital care," which reads: Princess married Roberto and bore a son, Onofre. Roberto died in a plane crash.
Princess later married Mark and they also had a son - Pepito. Onofre donated to Pepito,
"Permission is hereby given to the medical, nursing and laboratory staff of the his half-brother, a lot in Makati City worth P3,000,000.00. Pepito succumbed to an
St. Vincent's Hospital to perform such procedures and to administer such illness and died intestate. The lot given to Pepito by Onofre was inherited by his father,
medications and treatments as may be deemed necessary or advisable by the Mark. Mark also died intestate. Lonely, Princess followed Mark to the life beyond. The
physicians of this hospital for and during the confinement." claimants to the subject lot emerged - Jojo, the father of Princess; Victor, the father of
Mark; and Jerico, the father of Roberto.
After the surgery, the attending nurses reported that two (2) sponges were missing.
Later, Marta died due to complications brought about by the sponges that were left in Who among the three (3) ascendants is entitled to the lot? Explain. (5%)
her stomach. The husband of Marta sued the hospital and Dr. Jack for damages arising
from negligence in the medical procedure. The hospital raised the defense that Dr. Jack
is not 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 and treatment being provided by
Dr. Jack. Dr. Jack even signed an agreement that he holds the hospital free and
harmless from any liability arising from his medical practice in the hospital.

Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your answer. (5%) 2016 BAR EXAMINATIONS
CRIMINAL LAW
XIX

Brad and Angelina had a secret marriage before a pastor whose office is located in
Arroceros Street, City of Manila. They paid money to the pastor who took care of all the
documentation. When Angelina wanted 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
solemnized in 1995 after the effectivity of the Family Code, Angelina filed a petition for
judicial declaration of nullity on the strength of a certification by the Civil Registrar of I
Manila that, after a diligent and exhaustive search, the alleged marriage license
indicated in the marriage certificate does not appear in the records and cannot be Explain the application of the Indeterminate Sentence Law (ISL). (5%)
found.
II
[a] Decide the case and explain. (2.5%)
 [a] Define malfeasance, misfeasance and nonfeasance. (2.5%) committed by Governor A? Explain. (5%)

[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%) VI

III Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of PD
1612, otherwise known as the Anti-Fencing Law, for having been found in possession of
Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro recently stolen jewelry valued at Pl 00,000.00 at her jewelry shop. Her defense is that
saw a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby she merely bought the same from Antonia and produced a receipt covering the sale.
and hit the attacker on his head which caused the latter's death. She presented other receipts given to her by Antonia representing previous
transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of
Can Pedro be absolved of the killing on the ground that it is in defense of a relative? the jewelries resulted from a legal transaction and that the prosecution failed to prove
Explain. (5%) that she knew or should have known that the pieces of jewelry which she bought from
Antonia were proceeds of the crime of theft.
IV
[a] What is a "fence" under PD 1612? (2.5%)
Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to
provide for the needs of their family, Jojo convinced Felipa to be a stayat- home mom [b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)
and care for their children. One day, Jojo arrived home earlier than usual and caught
Felipa in the act of having sexual intercourse with their female nanny, Alma, in their VII
matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom
cabinet and shot Alma, immediately killing her. Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy
the raw materials at a low price from Val. The raw materials consisted of powders,
[a] Is Art. 247 (death or physical injuries inflicted under exceptional which the investors would mix with water and let stand until a gel was formed. Val
circumstances) of the Revised Penal Code (RPC) applicable in this case given made a written commitment to the investors that he would buy back the gel at a higher
that the paramour was of the same gender as the erring spouse? (2.5%) 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 equipment of his perfume
[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%) business, absconded with the money, and is nowhere to be found. What crime or
crimes were committed, if any? Explain. (5%)
V
VIII
Governor A was given the amount of PIO million by the Department of Agriculture for
the purpose of buying seedlings to be distributed to the farmers. Supposedly intending Charges d'affaires Volvik of Latvia suffers from a psychotic disorder after he was almost
to modernize the farming industry in his province, Governor A bought farm equipment assassinated in his previous assignment. One day, while shopping in a mall, he saw a
through direct purchase from XY Enterprise, owned by his kumpare B, the alleged group of shoppers whom he thought were the assassins who were out to kill him. He
exclusive distributor of the said equipment. Upon inquiry, the Ombudsman discovered asked for the gun of his escort and shot ten (10) people and wounded five (5) others
that B has a pending patent application for the said farm equipment. Moreover, the before he was subdued. The wounded persons required more than thirty (30) days of
equipment purchased turned out to be overpriced. What crime or crimes, if any, were medical treatment. What crime or crimes, if any, did he commit? Explain. (5%)
 IX asked for financial assistance, allegedly for payment of her tuition fee, in exchange for
sex. While they were conversing, police operatives arrested and charged him with
A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A used the car violation of Section l 0 of RA 76 I 0 (Special Protection of Children against Child Abuse,
for a joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his Exploitation and Discrimination Act), accusing him of having in his company a minor,
return, B came to know about the unauthorized use of the car and sued A for qualified who is not related to him, in a public place. It was established that Arnold was not in
theft. B alleged that A took and used the car with intent to gain as he derived some the performance of a social, moral and legal duty at that time.
benefit or satisfaction from its use. On the other hand, A argued that he has no intent
of making himself the owner of the car as he in fact returned it to the garage after the Is Arnold liable for the charge? Explain. (5%)
joy ride. What crime or crimes, if any, were committed? Explain. (5%)
XIII
X
Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal.
The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri, Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will
Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor give a goat to the former when the cows are returned. Instead, Tristan sold the cows
and repair the ship. While the officers and crew were asleep, armed men boarded the and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen.
vessel and took away several crates containing valuable items and loaded them in their Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got
own motorboat. Before the band left, they planted an explosive which they detonated the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were
from a safe distance. The explosion damaged the hull of the ship, killed ten (10) stolen.
crewmen, and injured fifteen (15) others.
[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)
What crime or crimes, if any, were committed? Explain. (5%)
[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)
XI
XIV
Angelino, a Filipino, is a transgender who underwent gender reassignment and had
implants in different parts of her body. She changed her name to Angelina and was a Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted
finalist in the Miss Gay International. She came back to the Philippines and while she as poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the
was walking outside her home, she was abducted by Max and Razzy who took her to a presence of a barangay tanod. The inventory was signed by Macario and the tanod, but
house in the province. She was then placed in a room and Razzy forced her to have sex Dimas refused to sign. As Macario was stricken with flu the day after, he was able to
with him at knife's point. After the act, it dawned upon Razzy that Angelina is actually a surrender the sachets to the PNP Crime Laboratory only after four (4) days. During pre-
male. Incensed, Razzy called Max to help him beat Angelina. The beatings that Angelina trial, the counsel de oficio of Dimas stipulated that the substance contained in the
received eventually caused her death. What crime or crimes, if any, were committed? sachets examined by the forensic chemist is in fact methamphetamine hydrochloride
Explain. (5%) or shabu. Dimas was convicted of violating Section 5 of RA 9165. On appeal, Dimas
questioned the admissibility of the evidence because Macario failed to observe the
XII requisite "chain of custody" of the alleged "shabu" seized from him. On behalf of the
State, the Solicitor General claimed that despite non-compliance with some
Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of requirements, the prosecution was able to show that the integrity of the substance was
Jose Rizal when, without his permission, Leilani, I 7 years of age, sat beside him and preserved. Moreover, even with some deviations from the requirements, the counsel
of Dimas stipulated that the substance seized from Dimas was shabu so that the there is no malice in law and in fact; and, that defamatory comments on the acts of
conviction should be affirmed. public officials which are related to the discharge of their official duties do not
constitute libel.
[a] What is the "chain of custody" requirement in drug offenses? (2.5%)
Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain.
[b] Rule on the contention of the State. (2.5%) (5%)

XV XVII

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He
his wife, and three (3) daughters were residing. While the four were ransacking pulled out a knife and threatened her with harm unless she submitted to his desires. He
Antonio's house, Julio noticed that one of Antonio's daughters was trying to escape. He was touching her chest and sex organ when his wife caught him in the act. The
chased and caught up with her at a thicket somewhat distant from the house, but prosecutor is unsure whether to charge Braulio for acts of lasciviousness under Art. 336
before bringing her back, raped her. of the RPC; for lascivious conduct under RA 7610 (Special Protection against Child
Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A of the RPC.
[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? What is the crime committed? Explain. (5%)
Explain. (2.5%)
XVIII
[b] Suppose, after the robbery, the four took turns in raping the three
daughters inside the house, and, to prevent identification, killed the whole Lina worked as a housemaid and yaya of the one-week old son of the spouses John and
family just before they left. What crime or crimes, if any, did the four Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John
malefactors commit? (2.5%) for a cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the
mouth of the child with stockings, placed him in a box, sealed it with masking tape, and
XVI placed the box in the attic. Lina then left the house and asked her friend Fely to
demand a P20,000.00 ransom for the release of the spouses' child to be paid within
A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the twenty-four hours. The spouses did not pay the ransom. After a couple of days, John
managing editor; and C is the author/writer. In his column, Direct Hit, C wrote about X, discovered the box in the attic with his child already dead. According to the autopsy
the head examiner of the BIR-RDO Manila as follows: report, the child died of asphyxiation barely minutes after the box was sealed.

"Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)
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 ay 10% lang. Kaya ang XIX
baba ng collection ng RDO niya. Masyadong magnanakaw si X at dapat
tanggalin itong bundat na bundat na buwaya na ito at napakalaki na ng Romeo and Julia have been married for twelve (12) years and had two (2) children. The
kurakot." first few years of their marriage went along smoothly. However, on the fifth year
onwards, they would often quarrel when Romeo comes home drunk. The quarrels
A, B and C were charged with libel before the RTC of Manila. The three (3) defendants became increasingly violent, marked by quiet periods when Julia would leave the
argued that the article is within the ambit of qualified privileged communication; that conjugal dwelling. During these times of quiet, Romeo would "court" Julia with flowers
 what mitigating and aggravating circumstances will be applied in imposing the penalty.
and chocolate and convince her to return home, telling her that he could not live Explain. (5%)
without her; or Romeo would ask Julia to forgive him, which she did, believing that if
she humbled herself, Romeo would change. After a month of marital bliss, Romeo
would return to his drinking habit and the quarrel would start again, verbally at first,
until it would escalate to physical violence.

One night, Romeo came home drunk and went straight to bed. Fearing the onset of
another violent fight, Julia stabbed Romeo while he was asleep. A week later, their 2016 BAR EXAMINATIONS
neighbors discovered Romeo's rotting corpse on the marital bed. Julia and the children POLITICAL LAW
were nowhere to be found. Julia was charged with parricide. She asserted "battered
woman's syndrome" as her defense.

[a] Explain the "cycle of violence." (2.5%)

[b] Is Julia's "battered woman's syndrome" defense meritorious? Explain.

(2.5%)
-I-
XX
The contents of the vault of ABC company consisting of cash and documents were
A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending stolen. Paulyn, the treasurer of ABC, was invited by the Makati City Police Department
to his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know to shed light on the amount of cash stolen and the details of the missing documents.
that B became the paramour of a married man, C, and that all the monies he sent to B Paulyn obliged and volunteered the information asked. Later, Paulyn was charged with
were given by her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap qualified theft together with other suspects. Paulyn claims her rights under the
C and his wife, D, so that he can inflict injuries on C to make him suffer, and humiliate Constitution and pertinent laws were blatantly violated. The police explained that they
him in front of his wife. X, Y and Z were paid P20,000.00 each and were promised a were just gathering evidence when Paulyn was invited for a conference and she was
reward of P50,000.00 each once the job is done. not a suspect at that time. Rule on her defense. (5%)

At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained -II-
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 Sec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any other
outside Metro Manila. Both hands of C and D were tied. With the help of X, Y and Z, A form of authorization for the operation of a public utility shall be granted except to
raped D in front of C. X, Y and Z then took turns in raping D, and subjected C to torture citizens of the Philippines or to corporations or associations organized under the laws
until he was black and blue and bleeding profusely from several stab wounds. A and his of the Philippines at least sixty per centum of whose capital is owned by such citizens xx
group set the hut on fire before leaving, killing both C and D. X, Y and Z were paid their x." Does the term "capital" mentioned in the cited section refer to the total common
reward. Bothered by his conscience, A surrendered the next day to the police, shares only, or to the total outstanding capital stock, or to both or "separately to each
admitting the crimes he committed. class of shares, whether common, preferred non-voting, preferred voting or any class
of shares?" Explain your answer. (5%)
As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and
 -III- extending the time periods within which the agencies should comply with the
directives covered by the final decision. A view was raised that the Court's
A law converted the component city of Malumanay, Laguna into a highly urbanized city. continued intervention after the case has been decided violates the doctrine of
The Local Government Code (LGC) provides that the conversion "shall take effect only separation of powers considering that the government agencies all belong to
after it is approved by the majority of votes cast in a plebiscite to be held in the political the Executive Department and are under the control of the President. Is this
units directly affected." contention correct? Why or why not? (2.5%)

Before the COMELEC, Mayor Xenon ofMalumanay City insists that only the registered -V-
voters of the city should vote in the plebiscite because the city is the only political unit
directly affected by the conversion. Governor Yuri asserts that all the registered voters Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board, defining its
of the entire province of Laguna should participate in the plebiscite, because when the powers and functions, providing funds therefor and for other purposes," provides that:
LGC speaks of the "qualified voters therein," it means all the voters of all the political "All fees, revenues and receipts of the Board from any and all sources x x x shall form
units affected by such conversion, and that includes all the voters of the entire part of a Special Fund to be used to finance energy resource development and
province. He argues that the income, population and area of Laguna will be reduced. exploitation programs and projects of the government and for such other purposes as
Who, between Mayor Xenon and Governor Yuri, is correct? Explain your answer. (5%) may be hereafter directed by the President."

-IV- The Malampaya NGO contends that the provision constitutes an undue delegation of
legislative power since the phrase "and for such other purposes as may be hereafter
Several concerned residents of the areas fronting Manila Bay, among them a group of directed by the President" gives the President unbridled discretion to determine the
students who are minors, filed a suit against the Metro Manila Development · Authority purpose for which the funds will be used. On the other hand, the government urges the
(MMDA), the Department of Environment and Natural Resources (DENR), the application of ejusdem generis.
Department of Health (DOH), the Department of Agriculture (DA), the Department of
Education (DepEd), the Department of Interior and Local Government (DILG), and a [a] Explain the "completeness test" and "sufficient standard test." (2.5%)
number of other executive agencies, asking the court to order them to perform their
duties relating to the cleanup, rehabilitation and protection of Manila Bay. The [b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests?
complaint alleges that the continued neglect by defendants and their failure to prevent (2.5%)
and abate pollution in Manila Bay constitute a violation of the petitioners'
constitutional right to life, health and a balanced ecology. -VI-

[a] If the defendants assert that the students/petitioners who are minors do Pornographic materials in the form of tabloids, magazines and other printed materials,
not have locus standi to file the action, is the assertion correct? Explain your proliferate and are being sold openly in the streets of Masaya City. The City Mayor
answer. (2.5%) organized a task force which confiscated these materials. He then ordered that the
materials be burned in public. Dominador, publisher of the magazine, "Plaything", filed
[b] In its decision which attained finality, the Court ordered the defendants to a suit, raising the following constitutional issues: (a) the confiscation of the materials
clean up, rehabilitate and sanitize Manila Bay within eighteen (18) months, and constituted an illegal search and seizure, because the same was done without a valid
to submit to the Court periodic reports of their accomplishment, so that the search warrant; and (b) the confiscation, as well as the proposed destruction of the
Court can monitor and oversee the activities undertaken by the agencies in materials, is a denial of the right to disseminate information, and thus, violates the
compliance with the Court's directives. Subsequently, a resolution was issued constitutional right to freedom of expression. Is either or both contentions proper?
Explain your answer. (5%) protection to women who may be victims of violence by their husbands, it does
not extend the same protection to husbands who may be battered by their
-VII- wives. (2.5%)

Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. [b] The grant of authority to the Barangay Chairman to issue a Barangay
Noticing that Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit his driver's license Protection Order (BPO) constitutes an undue delegation of judicial power,
but Ernesto failed to produce it. SPOI Jojo requested Ernesto to alight from the vehicle because obviously, the issuance of the BPO entails the exercise of judicial
and the latter acceded. Upon observing a bulge in the pants of Ernesto, the policeman power. (2.5%)
frisked him and found an unlicensed .22-caliber pistol inside Ernesto's right pocket.
Ernesto was arrested, detained and charged. At the trial, Ernesto, through his lawyer, Rule on the validity of the grounds raised by Conrado, with reasons.
argued that, policemen at mobile checkpoints are empowered to conduct nothing
more than a ''visual search". They cannot order the persons riding the vehicle to alight. -IX-
They cannot frisk, or conduct a body search of the driver or the passengers of the
vehicle. The Government, through Secretary Toogoody of the Department of · Transportation
(DOTr), filed a complaint for eminent domain to acquire a 1,000- hectare property in
Ernesto's lawyer thus posited that: Bulacan, owned by Baldomero. The court granted the expropriation, fixed the amount
of just compensation, and installed the Government in full possession of the property.
[a] The search conducted in violation of the Constitution and established
jurisprudence was an illegal search; thus, the gun which was seized in the [a] If the Government does not immediately pay the amount fixed by the court
course of an illegal search is the "fruit of the poisonous tree" and is as just compensation, can Baldomero successfully demand the return of the
inadmissible in evidence. (2.5%) property to him? Explain your answer. (2.5%)

[b] The arrest made as a consequence of the invalid search was likewise illegal, [b] If the Government paid full compensation but after two years it abandoned
because an unlawful act (the search) cannot be made the basis of a lawful its plan to build an airport on the property, can Baldomero compel the
arrest. (2.5%) Government to re-sell the property back to him? Explain your answer. (2.5%)

Rule on the correctness of the foregoing arguments, with reasons. -X-

-VIII- The Philippines entered into an international agreement with members of the
international community creating the International Economic Organization (IEO) which
A law is passed intended to protect women and children from all forms of violence. will serve as a forum to address economic issues between States, create standards,
When a woman perceives an act to be an act of violence or a threat of violence against encourage greater volume of trade between its members, and settle economic
her, she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay disputes. After the Philippine President signed the agreement, the Philippine Senate
Chairman, which shall have the force and effect of law. Conrado, against whom a BPO demanded that the international agreement be submitted to it for its ratification. The
had been issued on petition of his wife, went to court to challenge the constitutionality President refused, arguing that it is an executive agreement that merely created an
of the law. He raises the following grounds: international organization and it dwells mainly on addressing economic issues among
States.
[a] The law violates the equal protection clause, because while it extends
Is the international agreement creating the IEO a treaty or an executive agreement? Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for
Explain. (5%) violating the right to privacy, the right against unreasonable searches and seizures and
the equal protection clause. Decide if the assailed provisions are unconstitutional. (5%)
-XI-
-XIII-
The USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic
waters on its way to Australia. Because of the negligence of the naval officials on board, While Congress was not in session, the President appointed Antero as Secretary of the
the vessel ran aground off the island of Pala wan, damaging coral reefs and other Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration
marine resources in the area. Officials of Palawan filed a suit for damages against the (BI), Clodualdo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman
naval officials for their negligence, and against the U.S., based on Articles 30 and 31 of of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to
the United Nations Convention on the Law of the Sea (UNCLOS). Article 31 provides Cameroon. The following day, all the appointees took their oath before the President,
that the Flag State shall bear international responsibility for any loss or damage to the and commenced to perform the functions of their respective offices.
Coastal State resulting from noncompliance by a warship with the laws and regulations
of the coastal State concerning passage through the territorial sea. The U. S. [a] Characterize the appointments, whether permanent or temporary; and
Government raised the defenses that: whether regular or interim, with reasons. (2.5%)

[a] The Philippine courts cannot exercise jurisdiction over another sovereign [b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files
State, including its warship and naval officials. (2.5%) suit, contesting the legality of the acts of the appointees and claiming that the
appointees should not have entered into the performance of the functions of
[b] The United States is not a signatory to UN CLOS and thus cannot be bound their respective offices, because their appointments had not yet been
by its provisions. (2.5%) confirmed by the Commission on Appointments. Is this claim of VAMP correct?
Why or why not? (2.5%)
Rule on the validity of the defenses raised by the U.S., with reasons.
-XIV-
-XII-
Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he
Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide: married Salvacion, a Mexican, and together they applied for and obtained American
citizenship in 2001. In 2015, the couple and their children --Alfred, 21 years of age,
"Sec. 36. Authorized drug testing. xx x The following shall be subjected to undergo drug Robert, 16, and Marie, 14, who were all born in the U.S. -- returned to the Philippines
testing: xx x on June 1, 2015. On June 15, 2015, informed that he could reacquire Philippine
citizenship without losing his American citizenship, Onofre went home to the
c. Students of secondary and tertiary schools x x x; Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October
28, 2015, he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the
d. Officers and employees of public and private offices x x x; position of Congressman in his home province of Pala wan, running against re-
electionist Congressman Profundo.
f. All persons charged before the prosecutor's office with a criminal offense
having an imposable imprisonment of not less than 6 years and 1 day;" [a] Did Onofre's reacquisition of Philippine citizenship benefit his wife,
Salvacion, and their minor children and confer upon them Filipino citizenship?
 Explain your answer. (2.5%) address of the respondent and shall be accompanied by affidavits of the complainant
and his witnesses as well as other supporting documents to establish probable cause. x
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny x x"
Due Course or to Cancel the Certificate of Candidacy against Onofre. What
grounds can he raise in his Petition to support it? Explain your answer. (2.5%) Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the
affidavits and other supporting documents submitted by the complainant, Prosecutor
-XV- Tristan did not notify Art nor require him to submit a counter-affidavit. He proceeded
to file the Information against Art with the Metropolitan Trial Court. Art vehemently
Congress passed a bill appropriating PlOO-billion. Part of the money is to be used for assails Sec. 8(a) of Rule 112 as unconstitutional and violative of due process and his
the purchase of a 200-hectare property in Antipolo. The rest shall be spent for the rights as an accused under the Constitution for he was not informed of the complaint
development of the area and the construction of the Universal Temple for All the nor was he given the opportunity to raise his defenses thereto before the Information
World's Faiths (UTAW-F). When completed, the site will be open, free of charge, to all was filed. Rule on the constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)
religions, beliefs, and faiths, where each devotee or believer shall be accommodated
and treated in a fair and equal manner, without distinction, favor, or prejudice. There -XVII-
will also be individual segments or zones in the area which can be used for the conduct
of whatever rituals, services, sacraments, or ceremonials that may be required by the [a] Define the archipelagic doctrine of national territory, state its rationale; and
customs or practices of each particular religion. The President approved the bill, happy explain how it is implemented through the straight baseline method. (2.5%)
in the thought that this could start the healing process of our wounded country and
encourage people of varied and oftenconflicting faiths to live together in harmony and [b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and
in peace. Scarborough Shoal as "Regimes of Islands." Professor Agaton contends that
since the law did not enclose said islands, then the Philippines lost its
If the law is questioned on the ground that it violates Sec. 5, Article III of the sovereignty and jurisdiction over them. Is his contention correct? Explain.
Constitution that "no law shall be made respecting an establishment of religion or (2.5%)
prohibiting the free exercise thereof," how will you resolve the challenge? Explain. (5%)
-XVIII-
-XVI-
Sec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for
Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with more than three (3) consecutive terms. Rule and explain briefly the reason if the official
the Office of the City Prosecutor of Manila. The crime is punishable with arresto is prohibited to run for another term in each of the following situations: (a) ifthe official
mayor to prision correccional in its minimum period, or not to exceed 4 years and 2 is a Vice-Mayor who assumed the position of Mayor for the unexpired term under the
months. The case was assigned to Prosecutor Tristan and he applied Sec. 8(a) of Rule Local Government Code; (b) if the official has served for three consecutive terms and
112 which reads: "(a) If filed with the prosecutor. - If the complaint is filed directly with did not seek a 4th term but who won in a recall election; (c) if the position of Mayor of
the prosecutor involving an offense punishable by imprisonment of less than four (4) a town is abolished due to conversion of the town to a city; (d) if the official is
years, two (2) months and one (1) day, the procedure outlined in Sec. 3(a) of this Rule preventively suspended during his term but was exonerated; and (e) if the official is
shall be observed. The Prosecutor shall act on the complaint within ten (10) days from proclaimed as winner and assumes office but loses in an election protest. (5%)
its filing."
-XIX-
On the other hand, Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the
Fernando filed an administrative complaint against his co-teacher, Amelia, claiming that
the latter is living with a married man who is not her husband. Fernando charged
Amelia with committing "disgraceful and immoral conduct" in violation of the Revised
Administrative Code and, thus, should not be allowed to remain employed in the
government. Amelia, on the other hand, claims that she and her partner are members
of a religious sect that allows members of the congregation who have been abandoned I
by their respective spouses to enter marital relations under a "Declaration of Pledging
Faithfulness." Having made such Declaration, she argues that she cannot be charged State at least five (5) civil cases that fall under the exclusive original jurisdiction of the
with committing immoral conduct for she is entitled to free exercise of religion under Regional Trial Courts (RTCs). (5%)
the Constitution.
II
[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)
[a] Briefly explain the procedure on "Interrogatories to Parties" under Rule 25
[b] Briefly explain the concept of"benevolent neutrality." (2.5%) and state the effect of failure to serve written interrogatories. (2.5%)

-XX- [b] Briefly explain the procedure on "Admission by Adverse Party" under Rule
26 and the effect of failure to file and serve the request. (2.5%)
Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to
"promulgate rules concerning the protection and enforcement of constitutional rights, III
pleading, practice and procedure in all courts xxx." Section 23 of R.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002 provides that "any person charged under What are the contents of a judicial affidavit? (5%)
any provision of this Act regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining." Patricio, a user who was charged with IV
alleged sale of shabu but who wants to enter a plea of guilt to a charge of possession,
questions the constitutionality of Sec. 23 on the ground that Congress encroached on Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) of
the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in
plea-bargaining is procedural in nature and is within the exclusive constitutional power favor of Galaxy Bank (Galaxy), and the consequent· foreclosure and auction sale of his
of the Court. Is Patricio correct? Explain your answer. (5%) mortgaged Makati property. Galaxy filed a Motion to Dismiss on the ground of
improper venue alleging that the complaint should be filed with the RTC ofMakati since
the complaint involves the ownership and possession of Eduardo's lot. Resolve the
motion with reasons. (5%)

[a] What is the "most important witness" rule pursuant to the 2004 Guidelines
2016 BAR EXAMINATIONS of Pretrial and Use of Deposition..;Discovery Measures? Explain. (2.5%)
REMEDIAL LAW
[b] What is the "one day examination of witness" rule pursuant to the said
 2004 Guidelines? Explain. (2.5%) that his employer no longer resides at the house. The caretaker is a high school
graduate and is the godson of Roberto. Believing the caretaker's story to be true,
VI Sheriff Matinik left a copy of the summons and complaint with the caretaker. Was
there a valid substituted service of summons? Discuss the requirements for a valid
Pedro and Juan are residents of Barangay Ifurug, Municipality of Dupac, Mountain service of summons. (5%)
Province. Pedro owes Juan the amount of P50,000.00. Due to nonpayment, Juan
brought his complaint to the Council of Elders of said barangay which implements IX
the bodong justice system. Both appeared before the council where they verbally
agreed that Pedro will pay in installments on specific due dates. Pedro reneged on his [a] Is the buyer in the auction sale arising from an extra-judicial foreclosure
promise. Juan filed a complaint for sum of money before the Municipal Trial Court entitled to a writ of possession even before the expiration of the redemption
(MTC). Pedro filed a Motion to Dismiss on the ground that the case did not pass period? If so, what is the action to be taken? (1 %)
through the barangay conciliation under R.A. No. 7160 and that the RTC, not the MTC,
has jurisdiction. In his opposition, Juan argued that the intervention of the Council of [b] After the period of redemption has lapsed and the title to the lot is
Elders is substantial compliance with the requirement ofR.A. No. 7160 and the claim of consolidated in the name of the auction buyer, is he entitled to the writ of
P50,000.00 is clearly within the jurisdiction of the MTC. As MTC judge, rule on the possession as a matter of right? If so, what is the action to be taken? (2%)
motion and explain. (5%)
[c] Suppose that after the title to the lot has been consolidated in the name of
VII the auction buyer, said buyer sold the lot to a third party without first getting a
writ of possession. Can the transferee exercise the right of the auction buyer
Spouses Marlon and Edith have three (3) children ages 15, 12 and 7, who are studying and claim that it is a ministerial duty of the court to issue a writ of possession in
at public schools. They have a combined gross monthly income of P30,000.00 and they his favor? Briefly explain. (2%)
stay in an apartment in Manila with a monthly rent of PS,000.00. The monthly
minimum wage per employee in Metro Manila does not exceed P13,000.00. They do X
not own any real property. The spouses want to collect a loan of P25,000.00 from Jojo
but do not have the money to pay the filing fees. Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a
complaint for mandamus against the Laguna Lake Development Authority, the
[a] Would the spouses qualify as indigent litigants under Section 19, Rule 141 Department of Environment and Natural Resources, the Department of Public Work
on Legal Fees? (2.5%) and Highways, Department of Interior and Local Government, Department of
Agriculture, Department of Budget, and Philippine National Police before the R TC of
[b] If the spouses do not qualify under Rule 141, what other remedy can they Laguna alleging that the continued neglect of defendants in performing their duties has
avail of under the rules to exempt them from paying the filing fees? (2.5%) resulted in serious deterioration of the water quality of the lake and the degradation of
the marine life in the lake. The plaintiffs prayed that said government agencies be
VIII ordered to clean up Laguna de Bay and restore its water quality to Class C waters as
prescribed by Presidential Decree No. 1152, otherwise known as the Philippine
Juan sued Roberto for specific performance. Roberto knew that Juan was going to file Environment Code. Defendants raise the defense that the cleanup of the lake is not a
the case so he went out of town and temporarily stayed in another city to avoid service ministerial function and they cannot be compelled by mandamus to perform the same.
of summons. Juan engaged the services of Sheriff Matinik to serve the summons but The RTC of Laguna rendered a decision declaring that it is the duty of the agencies to
when the latter went to the residence of Roberto, he was told by the caretaker thereof clean up Laguna de Bay and issued a permanent writ of mandamus ordering said
agencies to perform their duties prescribed by law relating to the cleanup of Laguna de earnings were estimated at Pl Billion. Damage to the environment is estimated at Pl
Bay. Billion. As lawyer for the organization, you are requested to explain the advantages
derived from a petition for writ of kalikasan before the Supreme Court over a complaint
[a] Is the RTC correct in issuing the writ of mandamus? Explain. (2.5%) for damages before the RTC of Marinduque or vice-versa. What action will you
recommend? Explain. (5%)
[b] What is the writ of continuing mandamus? (2.5%)
XIV
XI
Pedro, the principal witness in a criminal case, testified and completed his testimony on
Miguel filed a Complaint for damages against Jose, who denied liability and filed a direct examination in 2015. Due to several postponements by the accused, grounded
Motion to Dismiss on the ground of failure to state a cause of action. In an Order on his recurring illness, which were all granted by the judge, the cross-examination of
received by Jose on January 5, 2015, the trial court denied the Motion to Dismiss. On Pedro was finally set on October 15, 2016. Before the said date, Pedro died. The
February 4, 2015, Jose sought reconsideration of that Order through a Motion for accused moved to expunge Pedro's testimony on the ground that it violates his right of
Reconsideration. Miguel opposed the Motion for Reconsideration on the ground that it confrontation and the right to cross-examine the witness. The prosecution opposed the
was filed out of time. Jose countered that the 15-day rule under Section 1 of Rule 52 motion and asked that Pedro's testimony on direct examination be admitted as
does not apply where the Order sought to be reconsidered is an interlocutory order evidence. Is the motion meritorious? Explain. (5%)
that does not attain finality. Is Jose correct? Explain. (5%)
XV
XII
Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Trial Court of
Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari under Rule 65 Manila (MeTC) rendered a decision ordering Gringo to pay Chika P50,000.00 plus legal
from an adverse decision of the National Labor Relations Commission (NLRC) on the interest. During its pendency of the appeal before the RTC, Gringo died of acute
complaint for illegal dismissal against Empire Textile Corporation. They were hemorrhagic pancreatitis. Atty. Perfecto, counsel of Gringo, filed a manifestation
terminated on the ground that they failed to meet the prescribed production quota at attaching the death certificate of Gringo and informing the RTC that he cannot
least four (4) times. The NLRC decision was assailed in a special civil action under Rule substitute the heirs since Gringo did not disclose any information on his family. As
65 before the Court of Appeals (CA). In the verification and certification against forum counsel for Chika, what remedy can you recommend to your client so the case can
shopping, only Toto signed the verification and certification, while Atty. Arman signed move forward and she can eventually recover her money? Explain. (5%)
for Nelson. Empire filed a motion to dismiss on the ground of defective verification and
certification. Decide with reasons. (5%) XVI

XIII Under Section 5, Rule 113 a warrantless arrest is allowed when an offense has just
been committed and the peace officer has probable cause to believe, based on his
The officers of "Ang Kapaligiran ay Alagaan, Inc." engaged your services to file an personal knowledge of facts or circumstances, that the person to be arrested has
action against ABC Mining Corporation which is engaged in mining operations in Sta. committed it. A policeman approaches you for advice and asks you how he will execute
Cruz, Marinduque. ABC used highly toxic chemicals in extracting gold. ABC's toxic mine a warrantless arrest against a murderer who escaped after killing a person. The
tailings were accidentally released from its storage dams and were discharged into the policeman arrived two (2) hours after the killing and a certain Max was allegedly the
rivers of said town. The mine tailings found their way to Calancan Bay and allegedly to killer per information given by a witness. He asks you to clarify the following:
the waters of nearby Romblon and Quezon. The damage to the crops and loss of
 [a] How long after the commission of the crime can he still execute the present and the uncertainty of whether he is still alive or dead, he or his estate may be
warrantless arrest? (2.5%) served with summons by publication." Summons was published and nobody filed any
responsive pleading within sixty (60) days therefrom. Upon motion, defendants were
[b] What does "personal knowledge of the facts and circumstances that the declared in default and judgment was rendered declaring Tristan as legal owner and
person to be arrested committed it" mean? (2.5%) ordering defendants to reconvey said lot to Tristan.

XVII Jojo, the court-designated administrator of Arthur King's estate, filed a petition for
annulment of judgment before the CA praying that the decision in favor of Tristan be
The information against Roger Alindogan for the crime of acts of lasciviousness under declared null and void for lack of jurisdiction. He claims that the action filed by Tristan
Article 336 of the Revised Penal Code avers: is an action in personam and that the court did not acquire jurisdiction over defendants
Arthur King and/or his estate. On the other hand, Tristan claims that the suit is an
"That on or about 10:30 o'clock in the evening of February 1, 2010 at Barangay action in rem or at least an action quasi in rem. Is the RTC judge correct in ordering
Matalaba, Imus, Cavite and within the jurisdiction of this Honorable Court, the service of summons by publication? Explain. (5%)
above-named accused, with lewd and unchaste design, through force and
intimidation, did then and there, wilfully, unlawfully and feloniously commit XX
sexual abuse on his daughter, Rose Domingo, a minor of 11 years old, either by
raping her or committing acts of lasciviousness on her, against her will and Royal Bank (Royal) filed a complaint for a sum of money against Ervin and Jude before
consent to her damage and prejudice. the RTC of Manila. The initiatory pleading averred that on February 14, 2010, Ervin
obtained a loan from Royal in the amount of Pl Million, as evidenced by Promissory
ACTS CONTRARY TO LAW." Note No. 007 (PN) signed by Ervin. Jude signed a Surety Agreement binding herself as
surety for the loan. Royal made a final demand on February 14, 2015 for Ervin and Jude
The accused wants to have the case dismissed because he believes that the charge is (defendants) to pay, but the latter failed to pay. Royal prayed that defendants Ervin and
confusing and the information is defective. What ground or grounds can he raise in Jude be ordered to pay the amount of P1 Million plus interests.
moving for the quashal of the information? Explain. (5%)
In their answer, Ervin admitted that he obtained the loan from Royal and signed the
XVIII PN. Jude also admitted that she signed the Surety Agreement. Defendants pointed out
that the PN did not provide the due date for payment, and that the loan has not yet
John filed a petition for declaration of nullity of his marriage to Anne on the ground of matured as the maturity date was left blank to be agreed upon by the parties at a later
psychological incapacity under Article 36 of the Family Code. He obtained a copy of the date. Defendants filed a Motion for a Judgment on the Pleadings on the ground that
confidential psychiatric evaluation report on his wife from the secretary of the there is no genuine issue presented by the parties' submissions. Royal opposed the
psychiatrist. Can he testify on the said report without offending the rule on privileged motion on the ground that the PN' s maturity is an issue that must be threshed out
communication? Explain. (5%) during trial.

XIX [a] Resolve the motion with reasons. (2.5%)

Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur [b] Distinguish "Summary Judgment" and "Judgment on the Pleadings." (2.5%)
King for reconveyance of a lot declared in the name of Arthur King under TCT No. 1234.
The complaint alleged that "on account Arthur King's residence abroad up to the
 Rigor's tract was classified as timber land while Mike's was classified as agricultural
land. Each of them fenced and cultivated his own tract continuously for 30 years. In
1991, the Government declared the land occupied by Mike as alienable and disposable,
2017 BAR EXAMINATIONS and the one cultivated by Rigor as no longer intended for public use or public service.
CIVIL LAW
Rigor and Mike now come to you today for legal advice in asserting their right of
ownership of their respective lands based on their long possession and occupation
since 1960.

(a) What are the legal consequences of the 1991 declarations of the
Government respecting the lands? Explain your answer. (2%)

I. (b) Given that, according to Section 48(b) of Commonwealth Act No. 141, in
relation to Section 14(1) of Presidential Decree No. 1529, the open, continuous,
State whether the following marital unions are valid, void, or voidable, and give the exclusive and notorious possession and occupation of alienable and disposable
corresponding justifications for your answer: lands of the public domain as basis for judicial confirmation of imperfect title
must be from June 12, 1945, or earlier, may Mike nonetheless validly base his
(a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the assertion of the right of ownership on prescription under the Civil
marriage. (2%) Code? Explain your answer. (4%)

(b) Carlos' marriage to Dina which took place after Dina had poisoned her (c) Does Rigor have legal basis for his application for judicial confirmation of
previous husband Edu in order to free herself from any impediment in order to imperfect title based on prescription as defined by the Civil Code given that,
live with Carlos. (2%) like Mike, his open, continuous, exclusive and notorious possession and
occupation was not since June 12, 1945, or earlier, and his tract of land was
(c) Eli and Fely's marriage solemnized seven years after the disappearance of timber land until the declaration in 1991? Explain your answer. (4%)
Chona, Eli's previous spouse, after the plane she had boarded crashed in the
West Philippine Sea. (2%) III.

(d) David who married Lina immediately the day after obtaining a judicial Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought
decree annulling his prior marriage to Elisa. (2%) to expropriate the property for its socialized housing project. The trial court fixed the
just compensation for the property at P50 million. The NHA immediately deposited the
(e) Marriage of Zoren and Carmina who did not secure a marriage license prior same at the authorized depository bank and filed a motion for the issuance of a writ of
to their wedding, but lived together as husband and wife for 10 years without possession with the trial court. Unfortunately, there was delay in the resolution of the
any legal impediment to marry. (2%) motion. Meanwhile, the amount deposited earned interest.

II. When Josef sought the release of the amount deposited, NHA argued that Josef should
only be entitled to P50 million.
In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro.
Who owns the interest earned? (3%) name and covered by TCT No. 12345 in favor of Bernadette for the amount of
₱900,000.00. Their agreement dated October 15, 2015 reads as follows:
IV.
I, Bernadette, agree to buy the lot owned by Alice covered by TCT No. 12345 for the
(a) Distinguish antichresis from usufruct? (3%) amount of ₱900,000.00 subject to the following schedule of payment:

(b) Distinguish commodatum from mutuum. (3%) Upon signing of agreement – ₱100,000.00

V. November 15, 2015 – ₱200,000.00

Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and December 15, 2015 - ₱200,000.00
cultivated the property. In 2014, Jacob discovered Liz's presence in and cultivation of
the property. Due to his being busy attending to his business in Cebu, he tolerated Liz's January 15, 2016 - ₱200,000.00
cultivation of the property. Subsequently, in December 2016, Jacob wanted to regain
possession of the property; hence, he sent a letter to Liz demanding that she vacate the February 15, 2016 - ₱200,000.00
property. Liz did not vacate despite the demand.
Title to the property shall be transferred upon full payment of ₱900,000.00 on or
Jacob comes to enlist your legal assistance to bring an action against Liz to recover the before February 15, 2016.
possession of the property.
After making the initial payment of ₱100,000.00 on October 15, 2015, and the second
What remedies are available to Jacob to recover possession of his property under the instalment of ₱200,000.00 on November 15, 2015, Bernadette defaulted despite
circumstances? Explain your answer. (4%) repeated demands from Alice.

VI. In December 2016, Bernadette offered to pay her balance but Alice refused and told
her that the land was no longer for sale. Due to the refusal, Bernadette caused the
Tyler owns a lot that is enclosed by the lots of Riley to the North and East, of Dylan to annotation of her adverse claim upon TCT No. 12345 on December 19, 2016. Later on,
the South, and of Reece to the West. The current route to the public highway is a Bernadette discovered that Alice had sold the property to Chona on February 5, 2016,
kilometer's walk through the northern lot of Riley, but the route is a rough road that and that TCT No. 12345 had been cancelled and another one issued (TCT No. 67891) in
gets muddy during the rainy season, and is inconvenient because it is only 2.5 meters favor of Chona as the new owner.
wide. Tyler's nearest access to the public highway would be through the southern lot of
Dylan. Bernadette sued Alice and Chona for specific performance, annulment of sale and
cancellation of TCT No. 67891. Bernadette insisted that she had entered into a contract
May Dylan be legally required to afford to Tyler a right of way through his property? of sale with Alice; and that because Alice had engaged in double sale, TCT No. 67891
Explain your answer. (4%) should be cancelled and another title be issued in Bernadette's favor.

VII. (a) Did Alice and Bernadette enter into a contract of sale of the lot covered by
TCT No. 12345? Explain your answer. (4%)
Alice agreed to sell a parcel of land with an area of 500 square meters registered in her
 (b)Did Alice engage in double sale of the property? Explain your answer. (4%) void:

VIII. (a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed
to sell her grand piano for ₱5,000.-00. (2%)
Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in
farming in his home province where his 10- hectare farmland valued at ₱2,000,000.00 (b) A contract of lease of the Philippine Sea entered by and between Mitoy and
was located. He had already ₱3,000,000.00 savings from his long stint in Saudi Arabia. Elsa. (2%)

Eagerly awaiting Pedro's arrival at the NAIA were his aging parents Modesto and (c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)
Jacinta, his common-law spouse Veneranda, their three children, and Alex, his child by
Carol, his departed legal wife. Sadly for all of them, Pedro suffered a stroke because of (d) A sale entered by Barri and Garri, both minors, which their parents later
his overexcitement just as the plane was about to land, and died without seeing any of ratified. (2%)
them.
(e) Jenny's sale of her car to Celestine in order to evade attachment by Jenny's
The farmland and the savings were all the properties he left. creditors. (2%)

(a) State who are Pedro's legal heirs, and the shares of each legal heir to the XI.
estate? Explain your answer. (4%)
Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00
(b) Assuming that Pedro's will is discovered soon after his funeral. In the will, from Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan
he disposed of half of his estate in favor of Veneranda, and the other half in "once his means permit." Two months later, they had a quarrel that broke their long-
favor of his children and his parents in equal shares. Assuming also that the will standing friendship.
is admitted to probate by the proper court. Are the testamentary dispositions
valid and effective under the law on succession? Explain your answer. (4%) Nolan seeks your advice on how to collect from Zeny despite the tenor of the
promissory note. What will your advice be? Explain your answer. (3%)
IX.
XII.
Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two
minor children with Danny to live with her paramour. In 2015, Danny sold without Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City. Due to severe
Elsa's consent a parcel of land registered in his name that he had purchased prior to the financial constraints, Krystal was forced to sell the property to RBP Corporation, a
marriage. Danny used the proceeds of the sale to pay for his children's tuition fees. foreign corporation based in South Korea. Subsequently, RBP Corporation sold the
property to Gloria, one of its most valued clients.
Is the sale valid, void or voidable? Explain your answer. (3%)
Wanting her property back, Krystal, learning of the transfer of the property from RBP
X. Corporation to Gloria, sued both of them in the Regional Trial Court (RTC) for
annulment of sale and for reconveyance. She alleged that the sale by RBP Corporation
Briefly explain whether the following contracts are valid, rescissible, unenforceable, or to Gloria was void because RBP Corporation was a foreign corporation prohibited by
the Constitution from acquiring and owning lands in the Philippines. girlfriend Rosella to execute a document entitled "Continuing Guaranty Agreement"
whereby she expressly agreed to be solidarily liable for the obligation of Kevin.
Will Krystal's suit for annulment of sale and reconveyance prosper? Explain your
answer. (4%) Can ABC Bank proceed directly against Rosella upon Kevin's default even without
proceeding against Kevin first? Explain your answer. (3%)
XIII.
XVI.
TRUE or FALSE - Explain your answers.
Jovencio operated a school bus to ferry his two sons and five of their schoolmates from
(a) All rights are considered as property. (2%) their houses to their school, and back. The parents of the five schoolmates paid for the
service. One morning, Porfirio, the driver, took a short cut on the way to school
(b) A lessee cannot bring a case for quieting of title respecting the property that because he was running late, and drove across an unmanned railway crossing. At the
he leases. (2%) time, Porfirio was wearing earphones because he loved to hear loud music while
driving. As he crossed the railway tracks, a speeding PNR train loudly blared its horn to
(c) Only the city or municipal mayor can file a civil action to abate a public warn Porfirio, but the latter did not hear the horn because of the loud music. The train
nuisance. (2%) inevitably rammed into the school bus. The strong impact of the collision between the
school bus and the train resulted in the instant death of one of the classmates of
(d) Possession of a movable property is lost when the location of the said Jovencio's younger son.
movable is unknown to the owner. (2%)
The parents of the fatality sued Jovencio for damages based on culpa
(e) Continuous non-apparent easements can be acquired either through title or contractual alleging that Jovencio was a common carrier; Porfirio for being negligent;
by prescription. (2%) and the PNR for damages based on culpa aquiliana.

XIV. Jovencio denied being a common carrier. He insisted that he had exercised the
diligence of a good father of a family in supervising Porfirio, claiming that the latter had
Plutarco owned land that borders on a river. After several years, the action of the water had no history of negligence or recklessness before the fatal accident.
of the river caused the deposit of soil, and increased the area of Plutarco's property by
200 square meters. (a) Did his operation of the school bus service for a limited clientele render
Jovencio a common carrier? Explain your answer. (3%)
(a) If Plutarco wants to own the increase in area, what will be his legal basis for
doing so? Explain your answer. (2%) (b) In accordance with your answer to the preceding question, state the degree
of diligence to be observed by Jovencio, and the consequences thereof. Explain
(b) On the other hand, if the river dries up, may Plutarco validly claim a right of your answer. (3%)
ownership of the dried-up river bed? Explain your answer. (2%)
(c) Assuming that the fatality was a minor of only 15 years of age who had no
XV. earning capacity at the time of his death because he was still a student in high
school, and the trial court is minded to award indemnity, what may possibly be
Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his the legal and factual justifications for the award of loss of earning capacity?
 Explain your answer. (4%)
then sitting alone on a sofa in the sala, saw him leave his daughter's room naked.
2017 BAR EXAMINATIONS
CRIMINAL LAW
Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor.
Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed
I. Allesso. Aliswan immediately went into hiding afterwards.

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante
father Tony. The child stood on a chair to be able to see the performers on the stage. wanted to teach Aliswan a lesson he would never forget. Amante set out the next day
Juanito, a 10-year-old boy, who was also watching the concert, could not see much of to look for Aliswan in his school. There, Amante found a young man who looked very
the performance on the stage because Tonito was blocking his line of sight by standing much like Aliswan. Amante immediately rushed and knocked the young man
on the chair. Using his elbow, Juanito strongly shoved Tonito to get a good view of the unconscious on the pavement, and then draped his body with a prepared tarpaulin
stage. The shove caused Tonito to fall to the ground. Seeing this, Tony struck Juanito on reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon
the head with his hand and caused the boy to fall and to hit his head on a chair. Tony witnessing what had just transpired, unable to believe that the timid and quiet Alisto,
also wanted to strangle Juanito but the latter's aunt prevented him from doing so. Aliswan's identical twin brother, had committed rape.
Juanito sustained a lacerated wound on the head that required medical attendance for
10 days. (a) A criminal complaint for attempted rape with homicide was brought against
Aliswan in the Prosecutor's Office. However, after preliminary investigation, the
Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), Investigating Prosecutor recommended the filing of two separate informations
of R.A. No. 7610 (Child Abuse Law) for allegedly doing an "act by deeds or words - one for attempted rape and the other for homicide. Do you agree with the
which debases, degrades or demeans the intrinsic worth and dignity of a child as a recommendation? Explain your answer. (3%)
human being." In his defense, Tony contended that he had no intention to maltreat
Juanito, much less to degrade his intrinsic worth and dignity as a human being. (b) Before the trial court, Aliswan moved that the cases should be dismissed
because he was entitled to the exempting circumstance of minority. Is his
(a) Distinguish crimes mala in se from crimes mala prohibita. (3%) motion correct? Explain your answer. (3%)

(b) Was Tony criminally liable for child abuse under R.A. No. 7610? Explain your (c) After receiving medical attendance for 10 days, Alisto consulted you about
answer. (3%) filing the proper criminal complaint against Amante. What crimes, if any, will
you charge Amante with? Explain your answer. (3%)
II.
(d) Answering the criminal complaint filed by Alisto, Amante contended that he
Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while had incurred no criminal liability for lack of criminal intent on his part, his
they were secretly together in her bedroom late one evening. Failing to get a positive intended victim being Aliswan, not Alisto. What is this defense of Amante, and
response from her, he forcibly undressed her. Apprehensive about rousing the explain if the same will prosper? (3%)
attention of the household who did not know of his presence inside her room, she
resisted him with minimal strength, but she was really sobbing in a muffled manner. He III.
then undressed himself while blocking- the door. Yet, the image of a hapless and
sobbing Amethyst soon brought him to his senses, and impelled him to leave her room Overjoyed by the award to his firm of a multi-billion government contract for the
naked. He did not notice in his hurry that Amante, the father of Amethyst, who was development of an economic and tourism hub in the Province of Blank, Mr. Gangnam
allotted the amount of P100 Million to serve as gifts for certain persons instrumental in painted house situated in a desolate part of the town. There, Solito succeeded in
his firm's winning the award. He gave 50% of that amount to Governor Datu, the official having carnal knowledge of Maita against her will.
who had signed the contract with the proper authorization from the Sangguniang
Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night
lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Solito would be selling marijuana outside the green-painted house. Acting on the tip,
Mayor Dolor of the Municipality where the project would be implemented. Governor the PNP station of the town formed a buy-bust team with PO2 Masahol being
Datu received his share through his wife, Provincial First Lady Dee, who then deposited designated the poseur buyer. During the buy-bust operation, Solito opened the trunk
the amount in her personal bank account. of the Toyota lnnova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut
the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so
Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with prompted PO2 Masahol to effect his immediate arrest out of fear that he would attack
Mayor Dolor for the construction of the Blank Sports Arena worth ₱800 Million. The him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the
project was highly overpriced because it could be undertaken and completed for not Toyota lnnova.
more than ₱400 Million. For this project, Mayor Dolor received from Mr. Gangnam a
gift of ₱10 Million, while Bokal Diva got ₱25 Million. (a) Two informations were filed against Solito in the RTC - one for forcible
abduction with rape, raffled to Branch 8 of the RTC; the other for illegal sale of
In both instances, Bokal Diva had her monetary gifts deposited in the name of her drugs, assigned to Branch 29 of the RTC. Was Solito charged with the proper
secretary, Terry, who personally maintained a bank account for Bokal Diva's share in offenses based on the circumstances? Explain your answer. (5%)
government projects.
(b) While the Prosecution was presenting its evidence in Branch 29, Branch 8
(a) May each of the above-named individuals be held liable for plunder? Explain convicted Solito. Immediately after the judgment of conviction was
your answer. (4%) promulgated, Solito filed in both Branches a motion for the release of the
Toyota lnnova. He argued and proved that he had only borrowed the vehicle
(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds from his brother, the registered owner. Branch 8 granted the motion but
existent herein? Explain your answer. (4%) Branch 29 denied it. Were the two courts correct in their rulings? Explain your
answer. (5%)
(c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any,
were violated by any of the above-named individuals, specifying the persons V
liable therefor? Explain your answer. (4%)
To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had
(d) What crimes under the Revised Penal Code, if any, were committed, been devastated by the strongest typhoon. to hit the country in decades, the
specifying the persons liable therefor? Explain your answer. (4%) Government and other sectors, including NGOs, banded together in the effort. Among
the NGOs was Ba..,gon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its
IV President and CEO. BaWI operated mainly as a social amelioration and charitable
institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI
Maita was the object of Solito's avid sexual desires. Solito had attempted many times received funds from all sources, local and foreign, including substantial amounts from
to entice Maita to a date in bed with him but Maita had consistently refused. Fed up legislators, local government officials and the EU. After several months, complaints
with all her rejections, Solito abducted Maita around 7 p.m. one night. With his were heard about the very slow distribution of relief goods and needed social services
cohorts, Solito forced Maita into a Toyota lnnova and drove off with her to a green-
by BaWI. insufficient evidence. Pending his appeal, Bernardo escaped in order to get even with
Judge Samsonite. Bernardo learned that the judge regularly slept in his mistress' house
The COA reported the results of its audit to the effect that at least P10 Million worth of every weekend. Thus, he waited for the judge to arrive on Saturday evening at the
funds coming from public sources channeled to BaWI were not yet properly accounted house of his mistress. It was about 8:00 p.m. when Bernardo entered the house of the
for. The COA demanded reimbursement but BaWI did not respond. mistress. He found the judge and his mistress having coffee in the kitchen and engaging
in small talk. Without warning, Bernardo stabbed the judge at least 20 times. The judge
Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman instantly died.
with malversation of public funds and failure of accountable officer to render
accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Prosecuted and tried, Bernardo was convicted of direct assault with murder. Rule with
Penal Code. He was also· charged with violation of Sec. 3(e) of R.A. No. 3019 for causing reasons whether or not the conviction for direct assault with murder was justified, and
undue injury to the Government. whether or not the trial court should appreciate the following aggravating
circumstances against Bernardo, to wit: (1) disregard of rank and age of the victim, who
In his defense, Mr. Gulang mainly contended that he could not be held 1iable under the was 68 years old; (2) dwelling; (3) nighttime; (4) cruelty; and (5) quasi-recidivism. (10%)
various· charges because he was not a public officer.
VIII
(a) Who is a public officer? (2%)
Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear
(b) Discuss whether the crimes charged against Mr. Gulang are proper. Explain of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the
your answer. (3%) violent Impact, Aramis alighted and confronted Porthos who had also alighted. Aramis
angrily and repeatedly shouted at Porthos: Putang Ina mo! Porthos, displaying
VI fearlessness, aggressively shouted back at Aramis: Wag kang magtapang-tapangan
dyan, papatayin kita! Without saying anything more, Aramis drew his gun from his
Answer with brief explanations the following queries: waist and shot Porthos in the leg. Porthos' wound was not life threatening.

(a) If the slightest penetration of the female genitalia consummates rape by (a) What are the kinds of unlawful aggression, and which kind was displayed in
carnal knowledge, how does the accused commit attempted rape by carnal this case? Explain your answer. (3%)
knowledge? (2%)
(b) Standing trial for frustrated murder, Aramis pleaded self-defense. The
(b) What crime is committed by a capataz who enrolls two fictitious names in Prosecution's contention was that the plea of self-defense applied only to
the payroll and collects their supposed daily wages every payday? (2%) consummated killings. Rule, with explanations, on the tenability of Aramis'
claim of self-defense, and on the Prosecution's contention. (3%)
(c) What is now the age of doli incapax in the Philippines? (2%)
(c) Porthos insisted that the element of treachery was present. To rule out
(d) Why is there no crime of frustrated serious physical injuries? (2%) treachery, Aramis asserted that both he and Porthos were then facing and
confronting each other when he fired the shot. Rule, with reasons, on the
VII respective contentions. (3%)

Bernardo was enraged by his conviction for robbery by Judge Samsonite despite

 IX Law? Explain your answer. (3%)

During the nationwide transport strike to protest the phase out of old public utility XI.
vehicles, striking jeepney drivers Percy, Pablo, Pater and Sencio, each armed with guns,
hailed several MMDA buses then providing free transport to the stranded public to In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by
stop them from plying their routes. They later on commandeered one of the buses the men in uniform. Policeman Stone, then attending the mass, was peeved by the
without allowing any of the passengers to alight, and told the driver to bring the bus to denunciations of Fr. Chris. He immediately approached the priest during the homily,
Tanay, Rizal. openly displayed his firearm tucked in his waist, and menacingly uttered at the
priest: Father, may kalalagyan kayo kung hindi kayo tumigil. His brazenness terrified
Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Sencio forcibly divested the priest, who cut short his homily then and there. The celebration of the mass was
the passengers of their cash and valuables. They ordered the passengers to leave disrupted, and the congregation left the church in disgust over the actuations of
thereafter. Then, they burned the bus. When a tanod of the barangay of the area came Policeman Stone, a co-parishioner.
around to Intervene, Pater fired at him, instantly killing him.
Policeman Stone was subsequently charged.
After Percy, Pablo, Pater and Sencio were arrested, the police authorities
recommended them to be charged with the following crimes, to wit: The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling
(1) carnapping; (2) robbery, (3) direct assault with homicide; (4) kidnapping; and on what to charge Policeman Stone with.
(5) arson.
May Policeman Stone be properly charged with either or both of the following crimes,
State your legal opinion on the recommendation of the police authorities on the or, if not, with what proper crime?
criminal liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)
(a) Interruption of religious worship as defined and punished under Art. 132 of
X. the Revised Penal Code; and/or

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The (b) Offending the religious feelings as defined and punished under Art. 133 of
law prescribes the penalty of prision correccional, a divisible penalty whose minimum the Revised Penal Code.
period is six months and one day to two years and four months; medium period is two
years, four months and one day to four years and two months; and maximum period is Explain fully your answers. (8%)
four years, two months and one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

(a) Explain how the Indeterminate Sentence Law is applied in crimes punished

by special laws. (3%)
2017 BAR EXAMINATIONS
(b) Supposing the trial judge imposes a straight penalty of imprisonment for POLITICAL LAW
one year, is the penalty correct in the context of the Indeterminate Sentence
 III.

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty.
After five years, State A finds that the more progressive State B did not go to the aid of
State A when it was threatened by its strong neighbor State C. State B reasoned that it
I. had to be prudent and deliberate in reacting to State C because of their existing trade
treaties.
A priority thrust of the Administration is the change of the form of government from
unitary to federal. The change can be effected only through constitutional amendment (a) May State A now unilaterally withdraw from its mutual defense treaty with
or revision. State B? Explain your answer. (2.5%)

(a) What are the methods of amending the Constitution? Explain briefly each (b) What is the difference between the principles of pacta sunt
method. (3%) servanda and rebus sic stantibus in international law? (2.5%)

(b) Cite at least three provisions of the Constitution that need to be amended (c) Are the principles of pacta sunt servanda and rebus sic stantibus relevant in
or revised to effect the change from unitary to federal, and briefly explain why? the treaty relations between State A and State B? What about in the treaty
(3%) relations between State B and State C? Explain your answer. (2.5%)

II. IV.

A. A.

Under the doctrine of immunity from suit, the State cannot be sued without its What is the pardoning power of the President under Art. VIII, Sec. 19 of the
consent. How may the consent be given by the State? Explain your answer. (3%) Constitution?

B. Is the exercise of the power absolute? (4%)

The doctrine of immunity from suit in favor of the State extends to public officials in the B.
performance of their official duties. May such officials be sued nonetheless to prevent
or to undo their oppressive or illegal acts, or to compel them to act? Explain your Distinguish pardon from amnesty. (4%)
answer. (3%)
V.
C.
(a) What is the right of legation, and how is it undertaken between states?
Do government-owned or -controlled corporations also enjoy the immunity of the Explain your answer. (2%)
State from suit? Explain your answer. (3%)
(b) Under this right, may a country like Malaysia insist that the Philippines
establishes a consulate in Sabah to look after the welfare of the Filipino
 migrants in the area? Explain your answer. (2%) declared to be free and open to exploration, occupation and purchase, and the land in
which they are found to occupation and purchase, by citizens of the United States, or of
VI. said Islands." Sec. 27 of the law declared that a holder of the mineral claim so located
was entitled to all the minerals that lie within his claim, but he could not mine outside
A. the boundary lines of his claim.

The President appoints the Vice President as his Administration's Housing Czar, a The 1935 Constitution expressly prohibited the alienation of natural resources except
position that requires the appointee to sit in the Cabinet. Although the appointment of agricultural lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition,
the members of the Cabinet requires confirmation by the Commission on Appointment and proclaims that all lands of the public domain, waters, minerals, coal, petroleum,
(CA), the Office of the President does not submit the appointment to the CA. May the and other mineral oils, all forces of potential energy, fisheries, forests or timber,
Vice President validly sit in the Cabinet? (2.5%) wildlife, flora and fauna, and other natural resources are owned by the State. This
provision enunciates the Regalian Doctrine.
B.
May the Government, on the basis of the Regalian Doctrine enunciated in the
The Executive Department has accumulated substantial savings from its appropriations. constitutional provisions, deny the bank its right as owner to the mineral resources
Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but underneath the surface of its property as recognized under the Philippine Bill of 1902?
has no funds appropriated soon by the Congress for the purpose, the COMELEC Explain your answer. (5%)
requests the President to transfer funds from the savings of the Executive Department
in order to avoid a delay in the holding of the plebiscite. IX.

May the President validly exercise his power under the 1987 Constitution to transfer A.
funds from the savings of the Executive Department, and make a cross-border transfer
of ₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if Ambassador Robert of State Alpha committed a very serious crime while he headed his
the transfer is treated as aid to the COMELEC? Explain your answer. (4%) foreign mission in the Philippines. Is he subject to arrest by Philippine authorities?
Explain your answer. (3%)
VII.
B.
Give the limitations on the power of the Congress to enact the General Appropriations
Act? Explain your answer. (5%) Extradition is the process pursuant to a treaty between two State parties for the
surrender by the requested State to the custody of the requesting State of a fugitive
VIII. criminal residing in the former. However, extradition depends on the application of two
principles - the principle of specialty and the dual criminality principle. Explain these
A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the principles. (4%)
mortgaged assets of its borrower. It appears that the land has been originally
registered under the Torrens system in 1922 pursuant to the provisions of the C.
Philippine Bill of 1902, the organic act of the Philippine Islands as a colony of the USA.
Sec. 21 of the Philippine Bill of 1902 provided that "all valuable mineral deposits in The President signs an agreement with his counterpart in another country involving
public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby reciprocity in the treatment of each country's nationals residing in the other's territory.
However, he does not submit the agreement to the Senate for concurrence. Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members." On
Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants
shall be valid and effective without such concurrence. to the COMELEC the power to enforce and administer all laws and regulations "relative
to the conduct of an election, plebiscite, initiative, referendum, and recall."
Is the agreement signed by the President effective despite the lack of Senate
concurrence? Explain your answer. (4%) Considering that there is no concurrence of jurisdiction between the Electoral Tribunals
and the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the
X. COMELEC's jurisdiction ends. Explain your answer. (4%)

A. XII.

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive
of Representatives and the President of the Senate and the certification by the foreign donations coming from abroad during national and local calamities and
secretaries of both Houses of Congress that the bill was passed on a certain date are disasters, and to enable the unhampered and speedy disbursements of the donations
conclusive on the bill's due enactment. Assuming there is a conflict between the through the mere action of its Board of Directors. Thereby, delays in the release of the
enrolled bill and the legislative journal, to the effect that the enrolled bill signed by the donated funds occasioned by the stringent rules of procurement would be avoided.
Senate President and eventually approved by the President turned out to be different Also, the releases would not come under the jurisdiction of the Commission on Audit
from what the Senate actually passed as reflected in the legislative journal. (COA).

(a) May the Senate President disregard the enrolled bill doctrine and consider (a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your
his signature as invalid and of no effect? (2.5%) answer. (3%)

(b) May the President thereafter withdraw his signature? Explain your answer. (b) Can the Congress pass the law that would exempt the foreign grants from
(2.5%) the jurisdiction of the COA? Explain your answer. (3%)

B. XIII.

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Command responsibility pertains to the responsibility of commanders for crimes
Congress shall become a law unless it has passed three readings on separate days and committed by subordinate members of the armed forces or other persons subject to
printed copies of it in its final form have been distributed to the Members of the House their control in international wars or domestic conflicts. The doctrine has now found
three days before its passage. application in civil actions for human rights abuses, and in proceedings seeking the
privilege of the writ of amparo.
Is there an exception to the provision? Explain your answer. (3%)
(a) What are the elements to be established in order to hold the superior or
XI. commander liable under the doctrine of command responsibility? (4%)

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the (b) May the doctrine of command responsibility apply to the President for the
 REMEDIAL LAW
abuses of the armed forces (AFP and PNP) given his unique role as the
commander-in-chief of all the armed forces? Explain your answer. (4%)

XIV.

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the
President requested his friend, Pastor Roy, to devote his ministry to them. The
President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary I.
fund, and would also erect a modest house of worship in the locality in an area of the
latter's choice. What trial court outside Metro Manila has exclusive original jurisdiction over the
following cases? Explain briefly your answers.
Does the President thereby violate any provisions of the Constitution? Explain your
answer. (3%) (a) An action filed on November 13, 2017 to recover the possession of an apartment
unit being occupied by the defendant by mere tolerance of the plaintiff, after the
XV. former ignored the last demand to vacate that was duly served upon and received by
him on July 6, 2016. (2.5%)
A.
(b) A complaint in which the principal relief sought is the enforcement of a seller's
According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal contractual right to repurchase a lot with an assessed value of ₱15,000.00. (2.5%)
autonomy. What does the term fiscal autonomy signify? Explain your answer. (3%)
II.
B.
Santa filed against Era in the RTC of Quezon City an action for specific performance
May a complaint for disbarment against the Ombudsman prosper during her praying for the delivery of a parcel of land subject of their contract of sale. Unknown to
incumbency? Explain your answer. (3%) the parties, the case was inadvertently raffled to an RTC designated as a special
commercial court. Later, the RTC rendered judgment adverse to Era, who, upon
C. realizing that the trial court was not a regular RTC, approaches you and wants you to
file a petition to have the judgment annulled for lack of jurisdiction.
Sec. 3, Art. XI of the Constitution states that "[n]o impeachment proceedings shall be
initiated against the same official more than once within a period of one year." What advice would you give to Era? Explain your answer. (4%)

What constitutes initiation of impeachment proceedings under the provision? (3%) III.

Answer the following briefly:

(a) What elements should concur for circumstantial evidence to be sufficient

for conviction? (2%)
2017 BAR EXAMINATIONS
 (b) When is bail a matter of judicial discretion? (2%) VI.

(c) Give at least two instances when a peace officer or a private person may Hanna, a resident of Manila, filed a complaint for the partition of a large tract of land
make a valid warrantless arrest. (2%) located in Oriental Mindoro. She impleaded her two brothers John and Adrian as
defendants but did not implead Leica and Agatha, her two sisters who were permanent
(d) What is a tender of excluded evidence? (2%) residents of Australia.

IV. Arguing that there could be no final determination of the case without impleading all
indispensable parties, John and Adrian moved to dismiss the complaint.
Give brief answers to the following:
Does the trial court have a reason to deny the motion? Explain your answer. (4%)
(a) What is the doctrine of hierarchy of courts? (2%)
VII.
(b) What is the Harmless Error Rule in relation to appeals? (2%)
Elise obtained a loan of ₱3 Million from Merchant Bank. Aside from executing a
(c) When does a public prosecutor conduct an inquest instead of a preliminary promissory note in favor of Merchant Bank, she executed a deed of real estate
investigation? (2%) mortgage over her house and lot as security for her obligation. The loan fell due but
remained unpaid; hence, Merchant Bank filed an action against Elise to foreclose the
V. real estate mortgage. A month after, and while the foreclosure suit was pending,
Merchant Bank also filed an action to recover the principal sum of ₱3 Million against
After working for 25 years in the Middle East, Evan returned to the Philippines to retire Elise based on the same promissory note previously executed by the latter.
in Manila, the place of his birth and childhood. Ten years before his retirement, he
bought for cash in his name a house and lot in Malate, Manila. Six months after his In opposing the motion of Elise to dismiss the second action on the ground of splitting
return, he learned that his house and lot were the subject of foreclosure proceedings of a single cause of action, Merchant Bank argued that the ground relied upon by Elise
commenced by ABC Bank on the basis of a promissory note and a deed of real estate was devoid of any legal basis considering that the two actions were based on separate
mortgage he had allegedly executed in favor of ABC Bank five years earlier. contracts, namely, the contract of loan evidenced by the promissory note, and the
deed of real estate mortgage.
Knowing that he was not in the country at the time the promissory note and deed of
mortgage were supposedly executed, Evan forthwith initiated a complaint in the RTC of Is there a splitting of a single cause of action? Explain your answer. (4%)
Manila praying that the subject documents be declared null and void.
VIII.
ABC Bank filed a motion to dismiss Evan's complaint on the ground of improper venue
on the basis of a stipulation in both documents designating Quezon City as the A.
exclusive venue in the event of litigation between the parties arising out of the loan
and mortgage. Laura was the lessee of an apartment unit owned by Louie. When the lease expired,
Laura refused to vacate the property. Her refusal prompted Louie to file an action for
Should the motion to dismiss of ABC Bank be granted? Explain your answer. (5%) unlawful detainer against Laura who failed to answer the complaint within the
reglementary period. Should the counterclaim of Salvador be dismissed? Explain your answer. (4%)

Louie then filed a motion to declare Laura in default. Should the motion be granted? X.
Explain your answer. (3%)
On the basis of an alleged promissory note executed by Harold in favor of Ramon, the
B. latter filed a complaint for ₱950,000.00 against the former in the RTC of Davao City. In
an unverified answer, Harold specifically denied the genuineness of the promissory
Agatha filed a complaint against Yana in the RTC in Makati City to collect ₱350,000.00, note. During the trial, Harold sought to offer the testimonies of the following: (1) the
an amount representing the unpaid balance on the price of the car Yana had bought testimony of an NBI handwriting expert to prove the forgery of his signature; and (2)
from Agatha. Realizing a jurisdictional error in filing the complaint in the RTC, Agatha the testimony of a credible witness to prove that if ever Harold had executed the note
filed a notice of dismissal before she was served with the answer of Yana. The RTC in favor of Ramon, the same was not supported by a consideration.
issued an order confirming the dismissal.
May Ramon validly object to the proposed testimonies? Give a brief explanation of
Three months later, Agatha filed another complaint against Yana based on the same your answer. (5%)
cause of action this time in the MeTC of Makati City. However, for reasons personal to
her, Agatha decided to have the complaint dismissed without prejudice by filing a XI.
notice of dismissal prior to the service of the answer of Yana. Hence, the case was
dismissed by the MeTC. A.

A month later, Agatha refiled the complaint against Yana in the same MeTC. Teddy filed against Buboy an action for rescission of a contract for the sale of a
commercial lot. After having been told by the wife of Buboy that her husband was out
May Yana successfully invoke the Two-Dismissal Rule to bar Agatha's third complaint? of town and would not be back until after a couple of days, the sheriff requested the
Explain your answer. (3%) wife to just receive the summons in behalf of her husband. The wife acceded to the
request, received the summons and a copy of the complaint, and signed for the same.
IX.
(a) Was there a valid service of summons upon Buboy? Explain your answer
Abraham filed a complaint for damages in the amount of ₱750,000.00 against Salvador briefly. (3%)
in the RTC in Quezon City for the latter's alleged breach of their contract of services.
Salvador promptly filed his answer, and included a counterclaim for ₱250,000.00 (b) If Buboy files a motion to dismiss the complaint based on the twin grounds
arising from the allegedly baseless and malicious claims of Abraham that compelled of lack of jurisdiction over his person and prescription of the cause of action,
him to litigate and to engage the services of counsel, and thus caused him to suffer may he be deemed to have voluntarily submitted himself to the jurisdiction of
mental anguish. the court? Explain your answer briefly (3%).

Noting that the amount of the counterclaim was below the exclusive original B.
jurisdiction of the RTC, Abraham filed a motion to dismiss vis-8-vis the counterclaim on
that ground. What is the mode of appeal applicable to the following cases, and what issues may be
raised before the reviewing court/tribunal?
 (a) The decision or final order of the National Labor Relations Commission. the confiscated marked genuine peso bills. The photocopies were offered to prove that
(1.5%) Mr. Druggie had engaged at the time of his arrest in the illegal selling of dangerous
drugs.
(b) The judgment or final order of the RTC in the exercise of its appellate
jurisdiction. (1.5%) Invoking the Best Evidence Rule, Atty. Maya Bang, the defense counsel, objected to the
admissibility of the photocopies of the confiscated marked genuine peso bills.
XII.
Should the trial judge sustain the objection of the defense counsel? Briefly explain your
A. answer (5%)

Judgment was rendered against defendant Jaypee in an action for unlawful detainer. XIV.
The judgment ordered Jaypee to vacate and to pay attorney's fees in favor of Bart, the
plaintiff. Immediately before he died of gunshot wounds to his chest, Venancio told the
attending physician, In a very feeble voice, that it was Arnulfo, his co-worker, who had
To prevent the immediate execution of the judgment, would you advise the posting of shot him. Venancio added that it was also Arnulfo who had shot Vicente, the man
a supersedeas bond as counsel for Jaypee? Explain your answer briefly? (2%). whose cadaver was lying on the bed beside him.

B. In the prosecution of Arnulfo for the criminal killing of Venancio and Vicente, are all the
statements of Venancio admissible as dying declarations? Explain your answer. (5%)
A temporary restraining order (TRO) was issued on September 20, 2017 by the RTC
against defendant Jeff enjoining him from entering the land of Regan, the plaintiff. XV.

On October 9, 2017, upon application of Regan, the trial court, allegedly in the interest In an attempt to discredit and impeach a Prosecution witness in a homicide case, the
of justice, extended the TRO for another 20 days based on the same ground for which defense counsel called to the stand a person who had been the boyhood friend and
the TRO was issued. next-door neighbor of the Prosecution witness for 30 years. One question that the
defense counsel asked of the impeaching witness was: "Can you tell this Honorable
On October 15, 2017, Jeff entered the land subject of the TRO. Court about the general reputation of the prosecution witness in your community for
aggressiveness and violent tendencies?"
May Jeff be liable for contempt of court? Why? (4%)
Would you, as the trial prosecutor, interpose your objection to the question of the
XIII. defense counsel? Explain your answer. (4%)

Police officers arrested Mr. Druggie in a buy-bust operation and confiscated from him XVI.
10 sachets of shabu and several marked genuine peso bills worth ₱5,000.00 used as the
buy-bust money during the buy-bust operation. Engr. Magna Nakaw, the District Engineer of the DPWH in the Province of Walang
Progreso, and Mr. Pork Chop, a private contractor, were both charged in the Office of
At the trial of Mr. Druggie for violation of R.A. No. 9165 (Comprehensive Dangerous the Ombudsman for violation of the Anti-Graft and Corrupt Practices Act (R.A. No.
Drug Act of 2002), the Prosecution offered in evidence, among others, photocopies of
3019) under a conspiracy theory. XIX.

While the charges were undergoing investigation in the Office of the Ombudsman, Boy Maton, a neighborhood tough guy, was arrested by a police officer on suspicion
Engr. Magna Nakaw passed away. Mr. Pork Chop immediately filed a motion to that he was keeping prohibited drugs in his clutch bag. When Boy Maton was searched
terminate the investigation and to dismiss the charges against him, arguing that immediately after the arrest, the officer found and recovered 10 sachets
because he was charged in conspiracy with the deceased, there was no longer a of shabu neatly tucked in the inner linings of the clutch bag. At the time of his arrest,
conspiracy to speak of and, consequently, any legal ground to hold him for trial had Boy Maton was watching a basketball game being played in the town plaza, and he was
been extinguished. cheering for his favorite team. He was subsequently charged with illegal possession of
dangerous drugs, and he entered a plea of not guilty when he was arraigned.
Rule on the motion to terminate filed by Mr. Pork Chop, with brief reasons. (5%).
During the trial, Boy Maton moved for the dismissal of the information on the ground
XVII. that the facts revealed that he had been illegally arrested. He further moved for the
suppression of the evidence confiscated from him as being the consequence of the
Juancho entered a plea of guilty when he was arraigned under an information for illegal arrest, hence, the fruit of the poisonous tree.
homicide. To determine the penalty to be imposed, the trial court allowed Juancho to
present evidence proving any mitigating circumstance in his favor. Juancho was able to The trial court, in denying the motions of Boy Maton, explained that at the time the
establish complete self-defense. motions were filed Boy Maton had already waived the right to raise the issue of the
legality of the arrest. The trial court observed that, pursuant to the Rules of Court, Boy
Convinced by the evidence adduced by Juancho, the trial court rendered a verdict of Maton, as the accused, should have assailed the validity of the arrest before entering
acquittal. his plea to the information. Hence, the trial court opined that any adverse consequence
of the alleged illegal arrest had also been equally waived.
May the Prosecution assail the acquittal without infringing the constitutional guarantee
against double jeopardy in favor of Juancho? Explain your answer. (5%) Comment on the ruling of the trial court. (5%)

XVIII.

Tomas was criminally charged with serious physical injuries allegedly committed
against Darvin. During the pendency of the criminal case, Darvin filed a separate civil
action for damages based on the injuries he had sustained.

Tomas filed a motion to dismiss the separate civil action on the ground of litis
pendentia, pointing out that when the criminal action was filed against him, the civil
action to recover the civil liability from the offense charged was also deemed instituted. 2018 BAR EXAMINATIONS
He insisted that the basis of the separate civil action was the very same act that gave POLITICAL LAW
rise to the criminal action.

Rule on Tomas' motion to dismiss, with brief reasons. (5%)

 Sandy were found to be the only properties of the couple.

(a) What is the filiation status of Shalimar? (2.5%)

I
(b) What system of property relationship will be liquidated following the
Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were declaration of nullity of their marriage? (2.5%)
another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane
accident. Sidley and Sonia met when the families of those who died sued the airlines (c) In the liquidation, who should get the parcel of land? The jewelry? (2.5%)
and went through grief-counseling sessions. Years later, Sidley and Sonia got married.
At that time, Solenn was four (4) years old and Sonny was five (5) years old. These two (d) Is Shalimar entitled to payment of presumptive legitime? If yes, how much
(2) were then brought up in the same household. Fifteen (15) years later, Solenn and should be her share and from where should this be taken? (2.5%)
Sonny developed romantic feelings towards each other, and eventually eloped. On
their own and against their parents' wishes, they procured a marriage license and got
Ill
married in church.
Silverio was a woman trapped in a man's body. He was born male and his birth
(a) Is the marriage of Solenn and Sonny valid, voidable, or void? (2.5%)
certificate indicated his gender as male, and his name as Silverio Stalon. When he
reached the age of 21, he had a sex reassignment surgery in Bangkok, and, from then
(b) If the marriage is defective, can the marriage be ratified by free on, he lived as a female. On the basis of his sex reassignment, he filed an action to have
cohabitation of the parties? (2.5%) his first name changed to Shelley, and his gender, to female. While he was following up
his case with the Regional Trial Court of Manila, he met Sharon Stan, who also filed a
II similar action to change her first name to Shariff, and her gender, from female to male.

After finding out that his girlfriend Sandy was four (4) months pregnant, Sancho Sharon was registered as a female upon birth. While growing up, she developed male
married Sandy. Both were single and had never been in any serious relationship in the characteristics and was diagnosed to have congenital adrenal hyperplasia ("CAH")
past. Prior to the marriage, they agreed in a marriage settlement that the regime of which is a condition where a person possesses both male and female characteristics. At
conjugal partnership of gains shall govern their property relations during marriage. puberty, tests revealed that her ovarian structures had greatly minimized, and she had
Shortly after the marriage, their daughter, Shalimar, was born. no breast or menstrual development. Alleging that for all intents and appearances, as
well as mind and emotion, she had become a male, she prayed that her birth certificate
Before they met and got married, Sancho purchased a parcel of land on installment, be corrected such that her gender should be changed from female to male, and that
under a Contract of Sale, with the full purchase price payable in equal annual her first name should be changed from Sharon to Shariff.
amortizations over a period of ten (10) years, with no down payment, and secured by a
mortgage on the land. The full purchase price was PhP1 million, with interest at the Silverio and Sharon fell in love and decided to marry. Realizing that their marriage will
rate of 6% per annum. After paying the fourth (4th) annual installment, Sancho and be frowned upon in the Philippines, they travelled to Las Vegas, USA where they got
Sandy got married, and Sancho completed the payments in the subsequent years from married based on the law of the place of celebration of the marriage. They, however,
his salary as an accountant. The previous payments were also paid out of his salary. kept their Philippine citizenship.
During their marriage, Sandy also won PhP1 million in the lottery and used it to
purchase jewelry. When things didn't work out for the couple, they filed an action for (a) Is there any legal bases for the court to approve Silverio's petition for
declaration of nullity of their marriage based on the psychological incapacity of both of
them. When the petition was granted, the parcel of land and the jewelry bought by
 correction of entries in his birth certificate? (2.5%) together with two (2) of her friends, acted as an attesting witness to the will.

(b) Will your answer be the same in the case of Sharon's petition? (2.5%) On the assumption that the will is admitted for probate and that there are no debts,
divide the estate and indicate the heirs/legatees entitled to inherit, the amount that
(c) Can the marriage of Silverio (Shelley) and Sharon (Shariff) be legally each of them will inherit, and where (i.e., legitime/free portion/intestate share) their
recognized as valid in the Philippines? (2.5%) shares should be charged. (5%)

IV VI

Severino died intestate, survived by his wife Saturnina, and legitimate children Soler, Sammy and Santi are cousins who separately inherited two (2) adjoining lots from their
Sulpicio, Segundo and the twins Sandro and Sandra. At the time of his death, the twins grandfather. Sammy is based overseas but wants to earn income from his inherited
were only 11 years of age, while all the older children were of age. He left only one land, so he asked a local contractor to build a row of apartments on his property which
property: a 5,000 sq. m. parcel of land. After his death, the older siblings Soler, Sulpicio, he could rent out. The contractor sent him the plans and Sammy noticed that the
and Segundo sold the land to Dr. Santos for PhP500,000 with a right to repurchase, at construction encroached on a part of Santi's land but he said nothing and gave
the same price, within five (5) years from the date of the sale. The deed of sale was approval to construct based on the plans submitted by the local contractor. Santi,
signed only by the three (3) older siblings, and covered the entire property. Before the based locally, and who loved his cousin dearly, did not object even if he knew of the
five (5) years expired, Sole and Sulpicio tendered their respective shares of PhP166,666 encroachment since he was privy to the plans and visited the property regularly. Later,
each to redeem the property. Since Segundo did not have the means because he was the cousins had a falling out and Santi demanded that the portion of the apartments
still unemployed, Saturnina paid the remaining PhP166,666 to redeem the property. that encroached on his land be demolished.
After the property was redeemed from Dr. Santos, the three (3) older children and
Saturnina, for herself and on behalf of the twins who were still minors, sold the Can Santi successfully file legal action to require the demolition? (5%)
property to Dr. Sazon, in an absolute sale, for PhP1 million. In representing the twins,
Saturnina relied on the fact that she was the natural guardian of her minor children. VII

(a) Was the first sale to Dr. Santos, and the subsequent repurchase, valid? Sydney, during her lifetime, was a successful lawyer. By her own choice, she remained
(2.5%) unmarried and devoted all her time to taking care of her nephew and two (2) nieces:
Socrates, Saffinia, and Sophia. She wrote a will giving all her properties remaining upon
(b) Was the second sale to Dr. Sazon valid? May the twins redeem their share her death to the three (3) of them. The will was admitted to probate during her
after they reach the age of majority? (2.5%) lifetime. Later, she decided to make a new will giving all her remaining properties only
to the two (2) girls, Saffinia and Sophia. She then tore up the previously probated will.
V The second will was presented for probate only after her death. However, the probate
court found the second will to be void for failure to comply with formal requirements.
Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25- year old
son, Santino (whom she had not spoken to for five [5] years prior to her death since he (a) Will the doctrine of dependent relative revocation apply? (2.5%)
attempted to kill her at that time), and a 20-year-old daughter, Sara. She left an estate
worth PhP8 million and a will containing only one provision: that PhP1 million should (b) Will your answer be the same if the second will was found to be valid but
be given to "the priest who officiated at my wedding to my children's late father." Sara, both Saffinia and Sophia renounce their inheritance? (2.5%)
 VIII Sinclair and Steffi had an illicit relationship while Sinclair was married to another. The
relationship produced a daughter Sabina, who grew up with her mother. For most parts
Sofronio was a married father of two when he had a brief fling with Sabrina, resulting in of Sabina's youth, Steffi spent for her support and education. When Sabina was 21
her pregnancy and the birth of their son Sinforoso. Though his wife knew nothing of the years old, Sinclair's wife of many years died. Sinclair and Steffi lost no time in
affair, Sofronio regretted it, but secretly provided child support for Sinforoso. legitimizing their relationship. After the 40-day prayers for Sinclair's late wife, Sinclair
Unfortunately, when Sinforoso was 10 years old, Sofronio died. Only Sofronio's father, and Steffi got married without a marriage license, claiming that they have been
Salumbides, knew of Sabrina and Sinforoso. For the purpose of providing support to cohabiting for the last 20 years.
Sinforoso, Salumbides gave Sabrina usufructruary · rights over one of his properties - a
house and lot - to last until Sinforoso reaches the age of majority. Sabrina was given After graduating from college, Sabina decided to enroll in law school. Sinclair said that
possession of the property on the basis of caucion juratoria. Two (2) years after the he was not willing to pay for her school fees since she was no longer a minor. Sinclair
creation of the usufruct, the house accidentally burned down, and three (3) years claimed that, if Sabina wanted to be a lawyer, she had to work and spend for her law
thereafter, Sinforoso died before he could reach the age of 18. education.

Will the usufruct continue after the house has burned down? If yes, will it continue (a) What is Sabina's filiation status? (2.5%)
after Sinforoso's death? (2.5%)
(b) Is Sinclair legally required to finance Sabina's law education? (2.5%)
IX
XI
Newlyweds Sam and Sienna had contracted with Sangria Hotel for their wedding
reception. The couple was so unhappy with the service, claiming, among other things, Samantha sold all her business interest in a sole proprietorship to Sergio for the
that there was an unreasonable delay in the service of dinner and that certain items amount of PhP1 million. Under the sale agreement, Samantha was supposed to pay for
promised were unavailable. The hotel claims that, while there was a delay in the all prior unpaid utility bills incurred by the sole proprietorship. A month after the
service of the meals, the same was occasioned by the sudden increase of guests to 450 Contract to Sell was executed, Samantha still had not paid the PhP50,000 electricity
from the guaranteed expected number of 350, as stated in the Banquet and Meeting bills incurred prior to the sale. Since Sergio could not operate the business without
Services Contract. In the action for damages for breach of contract instituted by the electricity and the utility company refused to restore electricity services unless the
couple, they claimed that the Banquet and Meeting Services Contract was a contract of unpaid bills were settled in full, Sergio had to pay the unpaid electricity bills. When the
adhesion since they only provided the number of guests and chose the menu. On the date for payment arrived, Sergio only tendered PhP950,000 representing the full
other hand, the hotel's defense was that the proximate cause of the complainant's purchase price, less the amount he paid for the unpaid utility bills. Samantha refused to
injury was the unexpected increase in their guests, and this was what set the chain of accept the tender on the ground that she was the one supposed to pay the bills and
events that resulted in the alleged inconveniences. Sergio did not have authorization to pay on her behalf.

(a) Does the doctrine of proximate cause apply in this case? (2.5%) (a) What is the effect of payment made by Sergio without the knowledge and
consent of Samantha? (2.5%)
(b) Was the Banquet and Meeting Services Contract a contract of adhesion? If
yes, is the contract void? (2.5%) (b) Is Samantha guilty of mora accipiendi? (2.5%)

X XII
Saachi opened a savings bank account with Shanghainese Bank. He made an initial decided, without informing Simon, to sublease the townhouse to Sylvia, an office clerk
deposit of PhP100,000. Part of the bank opening forms that he was required to sign in SPA.
when he opened the account was a Holdout Agreement which provided that, should he
incur any liability or obligation to the bank, the bank shall have the right to immediately (a) Can Simon compel Shannon to reduce the lease agreement into writing?
and automatically take over his savings account deposit. After he opened his deposit (2.5%)
account, the Shanghainese Bank discovered a scam wherein the funds in the account of
another depositor in the bank was withdrawn by an impostor. Shanghainese Bank (b) Does the sublease without Simon's knowledge and consent constitute a
suspected Saachi to be. the impostor, and filed a criminal case of estafa against him. ground for terminating the lease? (2.5%)
While the case was still pending with the Prosecutor's office, the bank took over
Saachi's savings deposit on the basis of the Holdout Agreement. XVI

(a) What kind of contract is created when a depositor opens a deposit account Selena was a single 18-year old when she got pregnant and gave birth to Suri. She then
with a bank? (2.5%) left to work as a caregiver in Canada, leaving Suri with her parents in the Philippines.
Selena, now 34 years old and a permanent resident in Canada, met and married Sam
(b) In this case, did the bank have the right to take over Saachi's bank deposit? who is a 24-year old Canadian citizen who works as a movie star in Canada. Sam's
(2.5%) parents are of Filipino ancestry but had become Canadian citizens before Sam was
born. Wanting Suri to have all the advantages of a legitimate child, Selena and Sam
XIV decided to adopt her. Sam's parents, already opposed to the marriage of their son to
someone significantly older, vehemently objected to the adoption. They argued that
Socorro is the registered owner of Lot A while Segunda is the registered owner of the Sam was not old enough and that the requisite age gap required by the Inter-Country
adjoining Lot B. Lot A is located at an elevated plateau of about 15 feet above the level Adoption Act between Sam as adopter and Suri as adoptee was not met.
of Lot B. Since Socorro was allegedly removing portions of the land and cement that
supported the adjoining property, Segunda caused the annotation of an adverse claim Are Sam's parents correct? (2.5%)
against 50 sq. m. on Lot A's Transfer Certificate of Title, asserting the existence of a
legal easement. XVII

(a) Does a legal easement in fact exist? If so, what kind? (2.5%) Sofia and Semuel, both unmarried, lived together for many years in the Philippines and
begot three children. While Sofia stayed in the Philippines with the children, Semuel
(b) If a legal easement does in fact exist, is an annotation of an adverse claim went abroad to work and became a naturalized German citizen. He met someone in
on the title of the servient estate proper? (2.5%) Germany whom he wanted to marry. Semuel thereafter came home and filed a petition
with the Regional Trial Court (RTC) for partition ofthe common properties acquired
XV during his union with Sofia in the Philippines. The properties acquired during the union
consisted of a house and lot in Cavite worth PhP2 million, and some personal
Simon owned a townhouse that he rented out to Shannon, a flight attendant with Soleil properties, including cash in bank amounting to PhP1 million. All these properties were
Philippine Airlines (SPA). They had no written contract but merely agreed on a three acquired using Samuel's salaries and wages since Sofia was a stay-at-home mother. In
(3)-year lease. Shannon had been using the townhouse as her base in Manila and had retaliation, Sofia filed an action, on behalf of their minor children, for support.
been paying rentals for more than a year when she accepted a better job offer from
Sing Airlines. This meant that Singapore was going to be her new base and so she
 (a) How should the properties be partitioned? (2.5%) yet, and alleged that the provision in the Indemnity Agreement which allowed SSC to
recover from him, by mere demand, even if it (SSC) had not yet paid the creditor, was
(b) Should Semuel be required to support the minor children? (2.5%) void for being contrary to law and public policy.

XVIII Can Sebastian legally refuse to pay SSC? (2.5%)

Shasha purchased an airline ticket from Sea Airlines (SAL) covering Manila-Bangkok- XX
Hanoi-Manila. The ticket was exclusively endorsable to Siam Airlines (SMA). The
contract of air transportation was between Shasha and SAL, with the latter endorsing Simeon was returning to Manila after spending a weekend with his parents in Sariaya,
to SMA the Hanoi-Manila segment of the journey. All her flights were confirmed by SAL Quezon. He boarded a bus operated by the Sabbit Bus Line (SBL) on August 30, 2013. In
before she left Manila. Shasha took the flight from Manila to Bangkok on board SAL the middle of the journey, the bus collided with a truck coming from the opposite
using the ticket. When she arrived in Bangkok, she went to the SAL ticket counter and direction, which was overtaking the vehicle in front of the truck. Though the driver of
confirmed her return trip from Hanoi to Manila on board SMA Flight No. SA 888. On the the SBL bus tried to avoid the truck, a mishap occurred as the truck hit the left side of
date of her return trip, she checked in for SMA Flight No. SA 888, boarded the plane, the bus. As a result of the accident, Simeon suffered a fractured leg and was unable to
and before she could even settle in on her assigned seat, she was off-loaded and report for work for one week. He sued SBL for actual and moral damages. SBL raised
treated rudely by the crew. She lost her luggage and missed an important business the defense that it was the driver of the truck who was at fault, and that it exercised
meeting. She thereafter filed a complaint solely against SAL and argued that it was the diligence of a good father of a family in the selection and supervision of its driver.
solidarily liable with SMA for the damages she suffered since the latter was only an
agent of the former. (a) Is SBL liable for actual damages? Moral damages? (2.5%)

(a) Should either, or both, SAL and SMA be held liable for damages that Shasha (b) Will SBL be liable to pay interest if it is required to pay damages, and delays
suffered? (2.5%) in the payment of the judgment award? What is the rate of interest, and from
when should the interest start running? (2.5%)
(b) Assuming that one is an agent of the other, is the agency coupled with
interest? (2.5%)

XIX

Sebastian, who has a pending assessment from the Bureau of Internal Revenue (BIR), 2018 BAR EXAMINATIONS
was required to post a bond. He entered into an agreement with Solid Surety Company CRIMINAL LAW
(SSC) for SSC to issue a bond in favor of the BIR to secure payment of his taxes, if found
to be due. In consideration of the issuance of the bond, he executed an Indemnity
Agreement with SSC whereby he agreed to indemnify the latter in the event that he
was found liable to pay the tax. The BIR eventually decided against Sebastian, and
judicially commenced action against both Sebastian and SSC to recover Sebastian's
unpaid taxes. Simultaneously, BIR also initiated action to foreclose on the bond. Even
before paying the BIR, SSC sought indemnity from Sebastian on the basis of the
Indemnity Agreement. Sebastian refused to pay since SSC had not paid the BIR anything I
Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over they were not responsible for the death of the woman as they had no participation
the ownership of a parcel of land. One night, Roberto was so enraged that he decided therein.
to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to
Ricardo’s house. Rafael knew about Roberto’s plan to kill Ricardo, but agreed to lend (a) Is Rico’s defense meritorious? (2.5%)
him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the
house of Ricardo. Rafael waited for him there, until the task had been accomplished, so (b) Is Red and Rod’s defense meritorious? (2.5%)
that he could drive Roberto to the next town to evade arrest. Roberto also asked
another friend, Ruel, to stand guard outside Ricardo’s house, for the purpose of III
warning him in case there was any danger or possible witnesses, and to keep other
persons away from the vicinity. All three – Roberto, Rafael and Ruel – agreed to the On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont,
plan and their respective roles. the Lord Chancellor and head of the fraternity; (ii) ten (10) members, one (1) of whom
was Ric, and (iii) five (5) neophytes, one (1) of whom was Ronald. Absent were: (i)
On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Rollie, the fraternity’s Vice Chancellor and who actually planned the initiation; and (ii)
Ricardo’s house. Roberto and Ruel walked about 50 meters where Ruel took his post as Ronnie, the owner of the house where the initiation was conducted.
guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo’s
bedroom, and peppered it with bullets. When he thought that he had accomplished his Due to the severe beating suffered by Ronald on that occasion, he lost consciousness
plan, Roberto ran away, followed by Ruel, and together they rode in Rafael’s car where and was brought to the nearest hospital by Redmont and Ric. However, Ronald was
they drove to the next town to spend the night there. It turned out that Ricardo was declared dead on arrival at the hospital.
out of town when the incident happened, and no one was in his room at the time it
was peppered with bullets. Thus, no one was killed or injured during the incident. During the investigation of the case, it was found out that, although Ronald really
wanted to join the fraternity because his father is also a member of the same
(a) Was a crime committed? If yes, what is/are the crime/s committed (2.5%); fraternity, it was his best friend Ric who ultimately convinced him to join the fraternity
and and, as a prerequisite thereto, undergo initiation. It was also shown that Redmont and
Ric did not actually participate in the beating of the neophytes (hazing). The two (2)
(b) If a crime was committed, what is the degree of participation of Roberto, either merely watched the hazing or helped in preparing food. And, lastly, two (2) days
Rafael, and Ruel? (2.5%) prior thereto, Ronnie texted Rollie that the fraternity may use his house as the venue
for the planned initiation.
II
Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and
Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to Ronnie were criminally charged for the hazing of Ronald that resulted in the latter’s
serve as a lookout for Red and Rod while the two were robbing the bank, as the three death.
of them had previously planned. Ramiro, a policeman, responded to the reported
robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught, (a) Are the four criminally liable? (2.5%)
pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and
fell down to the ground. Instead, a woman depositor who was coming out of the bank (b) Can all those criminally charged be exonerated upon proof that Ronald,
was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the knowing the risks, voluntarily submitted himself to the initiation? Will the
special complex crime of robbery with homicide. Rico’s defense was that he never absence of proof that the accused intended to kill the victim affect their
intended to shoot and kill the woman, only Ramiro. Red and Rod’s defense was that
 liability? (2.5%) the houses, the group intimidated the security guards posted at the entrance gate with
the firearms they were carrying and destroyed the padlocks of the doors of the houses
IV with the use of crowbars and hammers. They claimed that they would occupy the
houses and live therein because the houses were idle and they were entitled to free
On the way home from work, Rica lost her necklace to a snatcher. A week later, she housing from the government.
saw what looked like her necklace on display in a jewelry store in Raon. Believing that
the necklace on display was the same necklace snatched from her the week before, she For the reason that the houses were already awarded to military personnel who have
surreptitiously took the necklace without the knowledge and consent of the store been found to have fully complied with the requirements for the award thereof, NHA
owner. Later, the loss of the necklace was discovered, and Rica was shown on the CCTV demanded the group to vacate within ten (10) days from notice the houses they
camera of the store as the culprit. Accordingly, Rica was charged with theft of the occupied and were still occupying. Despite the lapse of the deadline, the group refused
necklace. Rica raised the defense that she could not be guilty as charged because she to vacate the houses in question.
was the owner of the necklace and that the element of intent to gain was lacking.
What is the criminal liability of the members of the group, if any, for their actions? (5%)
What should be the verdict if:
VII
(a) The necklace is proven to be owned by Rica? (2.5%)
Robbie and Rannie are both inmates of the National Penitentiary, serving the maximum
(b) It is proven that the store acquired the necklace from another person who penalty for robbery which they committed some years before and for which they have
was the real owner of the necklace? (2.5%) been sentenced by final judgment. One day, Robbie tried to collect money owed by
Rannie. Rannie insisted that he did not owe Robbie anything, and after a shouting
V episode, Rannie kicked Robbie in the stomach. Robbie fell to the ground in pain, and
Rannie left him to go to the toilet to relieve himself. As Rannie was opening the door to
With a promise of reward, Robert asked Romy to bring him a young girl that he the toilet and with his back turned against Robbie, Robbie stabbed him in the back with
(Robert) can have carnal knowledge with. Romy agreed, seized an eight-year old girl a bladed weapon that he had concealed in his waist. Hurt, Rannie ran to the nearest
and brought her to Robert. After receiving his reward, Romy left while Robert “kubol” where he fell. Robbie ran after him· and, while Rannie was lying on the ground,
proceeded to have carnal knowledge with the girl. Robbie continued to stab him, inflicting a total of 15 stab wounds. He died on the spot.
Robbie immediately surrendered to the Chief Warden. When prosecuted for the
(a) For what felony may Robert and Romy be charged? (2.5%) murder of Rannie, Robbie raised provocation and voluntary surrender as mitigating
circumstances. The prosecution, on the other hand, claimed that there was treachery in
(b) Will your answer in (a) be the same if the victim is a 15-year old lass who the commission of the crime.
was enticed, through cunning and deceit of Romy, to voluntarily go to the
house of Robert where the latter subsequently had carnal knowledge with her? (a) Is Robbie a recidivist, or a quasi-recidivist? (2.5%)
(2.5%)
(b) Can the mitigating circumstances raised by Robbie, if proven, lower the
VI penalty for the crime committed? (2.5%)

A group of homeless and destitute persons invaded and occupied the houses built by VIII
the National Housing Authority (NHA) for certain military personnel. To gain entry to
Randy was prosecuted for forcible abduction attended by the aggravating circumstance with frustrated parricide and frustrated homicide.
of recidivism. After trial, the court held that the prosecutor was able to prove the
charge. Nonetheless, it appreciated in favor of Randy, on the basis of the defense’s In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to
evidence, the mitigating circumstances of voluntary surrender, uncontrollable fear, and the incident in question, executed a notarized document whereby they agreed to live
provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for forcible separately and allowed each of them to get a new partner and live with anyone of their
abduction is reclusion temporal. choice as husband and wife. This document was executed after Rachel discovered that
Rafa was cohabiting with another woman. Thus, they also raised the defense of in pari
Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? delicto. In the frustrated parricide and frustrated homicide cases, Rafa raised the
(5%) defense that, having caught them in flagrante delicto, he has no criminal liability.

IX Assuming that all defenses have been proven:

Rashid asked Rene to lend him PhP50,000, payable in six (6) months and, as payment (a) Will the action for adultery prosper? (2.5%)
for the loan, Rashid issued a postdated check for the said amount plus the agreed
interest. Rashid assured Rene that the account would have sufficient funds on maturity (b) Will the actions for frustrated parricide and frustrated homicide prosper?
date. On that date, Rene presented the check to the drawee bank for payment but it (2.5%)
was dishonored for the reason that it was drawn against insufficient funds (DAIF).
XI
Rene sent Rashid a timely notice of dishonor of the check and demanded the latter to
make good the same within five (5) days from notice. After the lapse of the five (5)-day Wielding loose firearms, Rene and Roan held up a bank. After taking the bank’s money,
notice, Rene redeposited the check with the drawee bank but it was again dishonored the robbers ran towards their getaway car, pursued by the bank security guards. As the
for the same reason, i.e., DAIF. Rene thereafter filed two (2) separate criminal actions security guards were closing in on the robbers, the two fired their firearms at the
against Rashid: (1) Estafa under Art. 315(2)(d) of the RPC, as amended by R.A. No. pursuing security guards. As a result, one of the security guards was hit on the head
4885, i.e, estafa committed by postdating a check, or issuing a check in payment of an causing his immediate death.
obligation without sufficient funds in the bank; and (2) Violation of B.P. 22 or the
Bouncing Checks Law. For the taking of the bank’s money and killing of the security guard with the use of
loose firearms, the robbers were charged in court in two separate informations, one for
(a) Can he be held liable under both actions? (2.5%) robbery with homicide attended by the aggravating circumstance of use of loose
firearms, and the other for illegal possession of firearms.
(b) If the check is presented for payment after four (4) months, but before it
becomes stale, can the two actions still proceed? (2.5%) Are the indictments correct? (5%)

X XII

Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario.
maid’s room of their own house. Rafa shot both lovers in the chest, but they survived. Now 18, Rocky entered Rosario’s bedroom who was then outside doing her daily
Rafa charged Rachel and Rocco with adultery, while Rachel and Rocco charged Rafa marketing. He ransacked the bedroom and took Rosario’s money and valuables
amounting to PhP100,000. Ricalde, and Riboli? (2.5%)

When Rosario came home, she found her room in disarray, and her money and XIV
valuables gone. She confronted Rocky, who confessed to taking the money and
valuables in order to pay his debts. Robin and Rowell are best friends and have been classmates since grade school. When
the boys graduated from high school, their parents gifted them with a trip to
(a) What crime, if any, did Rocky commit? (2.5%) Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with
a sense of freedom, they decided to try what Amsterdam was known for. One night,
(b) Does he incur criminal and/or civil liability? (2.5%) they scampered out of their hotel room, went to the De Wallen, better known as the
Red-light District of Amsterdam. There, they went to a “coffee shop” which sells only
XIII drinks and various items made from opium poppy, cannabis, and marijuana, all of
which are legal in Amsterdam. They represented themselves to be of age, and were
The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed served, and took shots of, cannabis and marijuana products. They indulged in these
men in seizing a southern island in the Philippines, and declaring war against the duly products the whole night, even if it was their first time to try them.
constituted government of the country. The Armed Forces of the Philippines (AFP), led
by its Chief of Staff, General Riturban, responded and a full scale war ensued between Before returning to Manila, they bought a dozen lollipops laced with cannabis, as
the AFP and the armed men led by the brothers. The armed conflict raged for months. souvenir and “pasalubong” for their friends. They were accosted at the Manila
International Airport and were charged with importation of dangerous drugs under the
When the brothers-led armed men were running out of supplies, Ricalde, also a Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of
Filipino, and a good friend and supporter of the Ratute brothers, was tasked to leave dangerous drugs after pictures of them in the “coffee shop” in Amsterdam were posted
for abroad in order to solicit arms and funding for the cash-strapped brothers. He was on Facebook, showing them smoking and taking shots of a whole menu of cannabis and
able to travel to Rwanda, and there he met with Riboli, a citizen and resident of marijuana products. Their own captions on their Facebook posts clearly admitted that
Rwanda, who agreed to help the brothers by raising funds internationally, and to send they were using the dangerous products. The pictures were posted by them through
them to the Ratute brothers in order to aid them in their armed struggle against the Private Messenger (PM) only for their close friends, but Roccino, the older brother of
Philippine government. Before Ricalde and Riboli could complete their fund-raising one of their best friends, was able to get hold of his younger brother’s password, and
activities for the brothers, the AFP was able to reclaim- the island and defeat the without authority from his brother, accessed his PM and shared Robin and Rowell’s
Ratute-led uprising. Amsterdam photos on Facebook.

Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing (a) Can Robin and Rowell be prosecuted for use of dangerous drugs for their
of the two cases, the government only presented as witness, General Riturban, who one-night use of these products in Amsterdam? (2.5%)
testified on the activities of the Ratute brothers, Ricalde, and Riboli.
(b) Can they be prosecuted for importation of dangerous drugs? (2.5%)
(a) Can Ricalde and Riboli be convicted of the crime of conspiracy to commit
treason? (2.5%) © If found liable under either (a) or (b) above, what is the penalty that may be
imposed on them? (2.5%)
(b) Will the testimony of General Riturban, assuming he can testify on acts
within his personal knowledge, be sufficient to convict the Ratute brothers, (d) Can Roccino be prosecuted for the act of accessing and sharing on Facebook
 the private pictures sent by PM to his brother? If yes, for what crime? (2.5%) and stripped her naked in full view of their neighbors; and then he vanished.

XV Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie
expressed her wish to live separately from Ruben and asked him to continue providing
During the presentation of the prosecution’s evidence, Reichter was called to the financial support for their daughter Rona. At that time, Ruben was earning enough to
witness stand with the stated purpose that he would testify that his wife Rima had shot support a family. He threatened to withdraw the support he was giving to Rona unless
him in the stomach with a .38 caliber pistol, resulting in near fatal injuries. Upon Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with
objection of the defense on the ground of the marital disqualification rule, the Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could
presiding judge (Judge Rossano) disallowed Reichter from testifying in the case. Its not reach an agreement, no further support was given by Ruben.
motion for reconsideration having been denied, the People of the Philippines went up
on certiorari to the Court of Appeals (CA) questioning Judge Rossano’s ruling. What crimes did Ruben commit:

After due proceedings, the CA rendered judgment declaring Judge Rossano’s ruling (a) For beating and humiliating Rorie? (2.5%)
void ab initio for having been made with grave abuse of discretion amounting to lack or
excess of jurisdiction, and directing Judge Rossano to allow Reichter to testify in the (b) For withdrawing support for Rona? (2.5%)
criminal case for the stated purpose. This is based on the fact that the marital privilege
rule does not apply where a spouse committed the crime against the other. XVII

As the CA decision became final and 60xecutor, the criminal case before the RTC was Robina bought from Ramsey a seaside property located in Romblon. At that time, she
calendared for trial. At the scheduled trial, the prosecution called Reichter to the was in the process of returning to the Philippines as a returning resident, after retiring
witness stand in order to testify on the same matter it earlier announced. The defense from her work in Russia, and was planning to set up a diving school in the area. In a
objected on the ground that the CA erred in its disposition of the certiorari case. Judge non-notarized “Kasunduan ng Pagbibili,” Ramsey represented the property as alienable
Rossano sustained the objection and again disallowed Reichter from testifying in the and disposable, and that he had a valid title to the property. When the sale was
criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his completed, and as she was applying for permits and licenses for her school, she found
ruling and to allow Reichter to testify fell on deaf ears. out that the property was a public non-alienable and non-disposable land which
Ramsey had bought from someone who only had a foreshore lease over the same. As
May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (5%) she was bent on setting up the diving school in the area, having made all the
preparations and having already bought all the equipment, she filed a Miscellaneous
XVI Lease Application (MLA) with the Department of Environment and Natural Resources
(DENR) at the Community Environment and Natural Resources Office in Romblon. In
For the past five years, Ruben and Rorie had been living together as husband and wife her application, she stated that she was a Filipino citizen, although she was still a
without the benefit of marriage. Initially, they had a happy relationship which was naturalized Russian citizen at that time. It was only six months after she filed the MLA
blessed with a daughter, Rona, who was born on March 1, 2014. However, the that she filed her petition for dual citizenship under R.A. No. 9225. When DENR
partners’ relationship became sour when Ruben began indulging in vices, such as discovered that, at the time of filing the MLA, she was still a Russian citizen, her
women and alcohol, causing frequent arguments between them. Their relationship got application was denied and she was charged with falsification of a public document for
worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a misrepresenting herself as a Filipino citizen. Infuriated, Robina also filed charges against
tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in Ramsey for falsification of a private document for stating in their “Kasunduan” that the
the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her
property was alienable and disposable. (2.5%)

In the case for falsification of a public document, Robina’s defense was that, at the time (b) May Mrs. Robinson be charged with child abuse AND slight physical
she filed the MLA, she had every intention to reacquire Philippine citizenship, as in fact
she filed for dual citizenship six months thereafter, and that she had no intent to gain injuries? (2.5%)
or to injure the Philippine government since she expected that her application for dual
citizenship would be approved before the MLA could be approved. On the other hand, XIX
she claimed in the action against Ramsey that intent to gain was present since he
received the purchase price as a result of his misrepresentation. Ramsey’s defense was Ricky was driving his car when he was flagged down by a traffic enforcer for
that he had a valid Transfer Certificate of Title in his name, and he had a right to rely on overspeeding. Realizing his undoing, but in a hurry for a meeting, Ricky shoved a
his title. PhP500 bill in the traffic enforcer’s pocket and whispered to the latter to refrain from
issuing him a traffic violation receipt. The traffic enforcer still issued him a ticket, and
(a) Will the case for falsification of public document filed against Robina returned his money.
prosper? (2.5%)
What crime, if any, was committed by Ricky? (5%)
(b) Will the case for falsification of private document filed against Ramsey
prosper? (2.5%)

XVIII
2018 BAR EXAMINATIONS
Mrs. Robinson is a teacher at an elementary school. In one of her classes, she found, to POLITICAL LAW
her consternation, that an 8-year old Richard was always the cause of distraction, as he
was fond of bullying classmates smaller in size than him.

One morning, Reymart, a 7-year old pupil, cried loudly and complained to Mrs.
Robinson that Richard had boxed him on the ear. Confronted by Mrs. Robinson about
Reymart’s accusation, Richard sheepishly admitted the same. Because of this, Mrs.
Robinson ordered Richard to lie face down on a desk during class. After Richard
obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his I.
ears. Richard ran home and reported to his mother what he had suffered at the hands
of Mrs. Robinson. When Richard’s parents went to Mrs. Robinson to complain, she Congress enacted a law to provide Filipinos, especially the poor and the marginalized,
interposed the defense that she merely performed her duty as a teacher to discipline access and information to a full range of modern family planning methods, including
erring pupils. contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal
contraceptives, and family planning products and supplies, but expressly prohibited
Richard’s parents ask your advice on what actions can be instituted against Mrs. abortion. To ensure its objectives, the law made it mandatory for health providers to
Robinson for acts committed on their minor child. provide information on the full range of modern family planning methods, supplies and
services, for schools to provide reproductive health education, for non-governmental
(a) May Mrs. Robinson be charged with child abuse OR slight physical injuries? medical practitioners to render mandatory 48 hours pro bono reproductive health
services as a condition to Philhealth accreditation, and for couples desiring to marry to during her ordeal. The Court, after finding the petition to be in order, issued the writ
attend a family planning seminar prior to the issuance of a marriage license. It also of amparo and the writ of habeas data and directed the respondents to file a verified
punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both return on the writs, and directed the Court of Appeals (CA) to hear the petition. The
Roman Catholics, filed a petition to declare the law as unconstitutional based on, respondents duly filed their return on the writs and produced the documents in their
among others, the following grounds: possession. After hearing, the CA ruled that there was no more need to issue the
temporary protection orders since the writ of amparo had already been issued, and
(a) It violates the right to life, since it practically sanctions abortion. Despite dismissed the petition against President Amoyo on the ground that he was immune
express terms prohibiting abortion, petitioners claim that the family planning from suit during his incumbency as President. Agnes appealed the CA ruling to the
products and supplies oppose the initiation of life, which is a fundamental Court. The appeal was lodged after President Amoyo's term had ended.
human right, and the sanction of contraceptive use contravenes natural law
and is an affront to the dignity of man. (a) Was the CA correct in saying that the writ of amparo rendered unnecessary
the issuance of the temporary protection order? (2.5%)
(b) It violates the constitutional prohibition against involuntary servitude
because it requires medical practitioners to render 48 hours of pro bono (b) Will the President's immunity from suit continue even after his term has
reproductive health services which may be against their will. ended, considering that the events covered by the Petition took place during
his term? (2.5%)
(c) It violates the Freedom of Religion, since petitioners' religious beliefs
prevent them from using contraceptives, and that any State- sponsored III
procurement of contraceptives, funded by taxes, violates the guarantee of
religious freedom. What and whose vote is required for the following acts: (2% each)

Rule on each of the above objections. (2.5% each) (a) the repeal of a tax exemption law;

II (b) a declaration of the existence of a state of war;

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, (c) the amendment of a constitutional provision through a constituent
and was brought to several military camps where she was interrogated, beaten, assembly;
mauled, tortured, and threatened with death if she would not confess her membership
in the New People's Army (NPA) and point to the location of NPA camps. She suffered (d) the resolution of a tie in a presidential election; and
for several days until she was released after she signed a document saying that she was
a surenderee, and was not abducted or harmed by the military. After she was released, (e) the extension of the period for the suspension of the privilege of the writ of
and alleging that her rights to life, liberty and security had been violated and continued habeas corpus?
to be threatened by violation of such rights, she filed with the Supreme Court (the
Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary IV
Protection Orders, Inspection of Place, and Production of Documents and Personal
Properties. The case was filed against President Amoyo (who was the President of the The Province of Amaya is one of the smallest provinces in the Philippines with only one
Philippines when the abduction, beating, mauling and life threats were committed), legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro.
General Altamirano, and several military men whom Agnes was able to recognize
Andres, a resident and registered voter of Cuatro municipality, ran and was elected as Ang Araw, a multi-sectoral party-list organization duly registered as such with the
member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local Commission on Elections (Comelec), was proclaimed as one of the winning party-list
elections. groups in the last national elections. Its first nominee, Alejandro, assumed office as the
party-list representative.
While Andres was serving his second term as ·sp member, a law was enacted re-
apportioning the four towns of Amaya into two legislative districts: Uno and Dos About one year after Alejandro assumed office, the Interim Central Committee of Ang
comprising the First District, and Tres and Cuatro comprising the Second District. Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its
second nominee. Alejandro questioned before the Comelec his expulsion and
In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya replacement by Andoy.
representing the Second District.
The Comelec considered Alejandro's petition as an intra-party dispute which it could
Andres seeks your legal advice regarding his intention to run as a member of the SP of resolve as an incident of its power to register political parties; it proceeded to uphold
Amaya for the Second District in the next local elections in 2019. What will you advise the expulsion.
Andres? (2.5%)
Is the Comelec's ruling correct? (5%)
V
VII
State whether or not the following acts are constitutional: (2% each)
The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as
(a) A law prescribing as qualifications for appointment to any court lower than contenders.
the Supreme Court, Philippine citizenship, whether natural-born or naturalized,
35 years of age on the date of appointment, and at least eight years as a Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy
member of the Philippine Bar; (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a
copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration
(b) A law requiring all candidates for national or local elective offices to be (Bl) showing that Anacleto used the same passport several times to travel to and from
college degree holders; Manila and Madrid or Barcelona.

(c) The designation by the President of an acting Associate Commissioner of the In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied
Civil Service Commission; with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act
of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and
(d) The appointment by the President as Deputy Ombudsman of a lawyer who executing a sworn renunciation of his Spanish citizenship. He defended the use of his
has been engaged in the practice of law for five years; and Spanish passport subsequent to taking his oath of allegiance to the Philippines as a
practical necessity since he had yet to obtain his Philippine passport despite reacquiring
(e) The nomination by a national party-list of a person who is not one of its his Philippine citizenship. Even after he secured his Philippine passport, he said he had
bona fide members. to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his
wife and minor children.
VI
(a) Based on the allegations of the parties, is there sufficient ground to cancel
 Anacleto's CoC? (2.5%) hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina
took her oath of allegiance and executed a sworn renunciation of her Canadian
(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of citizenship in accordance with R.A. No. 9225.
Ardania City: Arnaldo, who obtained the second highest number votes, or
Andrea, the duly-elected Vice Mayor of the City? (2.5%) In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections.
Agripina's political rivals lost no time in causing the filing of various actions to question
VIII her candidacy. They questioned her eligibility to run as member of Congress. Since
Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform
Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due an act to perfect her Philippine citizenship.
Course were filed with the Comelec against two candidates running as municipal
mayors of different towns. Hence, they claimed that Agripina could not be considered a natural-born citizen.
Agripina raised the defense that, having complied with the requirements of R.A. No.
The first petition was against Anselmo. Years ago, Anselmo was charged and convicted 9225, she had reacquired, and was deemed never to have lost, her Philippine
of the crime of rape by final judgment, and was sentenced to suffer the principal citizenship.
penalty of reclusion perpetua which carried the accessory penalty of perpetual
absolute disqualification. While Anselmo was in prison, the President commuted his Is Agripina disqualified to run for Congress for failing to meet the citizenship
sentence and he was discharged from prison. requirement? (2.5%)

The second petition was against Ambrosio. Ambrosio's residency was questioned X
because he was allegedly a "green card holder," i.e., a permanent resident of the US, as
evidenced by a certification to this effect from the US Embassy. Ascertain the constitutionality of the following acts: (2.5% each)

Acting on the recommendations of its Law Department, the Comelec en banc motu (a) An investigation conducted by the Ombudsman against a Commissioner of
proprio issued two resolutions granting the petitions against Anselmo and Ambrosio. the Commission on Audit for serious misconduct.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing (b) A law prohibiting any court, other than the Supreme Court, from issuing a
the resolutions cancelling their respective CoCs. Both claimed that the Comelec en writ of injunction against an investigation being conducted by the Ombudsman.
bane acted with grave abuse of discretion amounting to lack or excess of jurisdiction
because the petitions should have first been heard and resolved by one of the (c) A law prohibiting any appeal from the decision or final order of the
Comelec's Divisions. Ombudsman in an administrative proceeding, except through a petition for
review on certiorari filed before the Supreme Court.
Are Anselmo and Ambrosio correct? (5%)
XI
IX
Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement
In 1990, Agripina migrated to Canada and acquired Canadian citizenship. (VFA), the custody of a United States (US) personnel who becomes subject to criminal
prosecution before a Philippine court shall be with the US military authorities, if the
In 2008, Agripina retired and returned to the Philippines to permanently reside in her latter so requests. The custody shall begin from the commission of the offense until the
completion of all judicial proceedings. However, when requested, the US military XIII
authorities shall make the US personnel available to Philippine authorities for any
investigative or judicial proceeding relating to the offense with which the person has PO1 Adrian Andal is known to have taken bribes from apprehended motorists who
been charged. In the event that the Philippine judicial proceedings are not completed have violated traffic rules. The National Bureau of Investigation conducted an
within one year, the US shall be relieved of any obligation under Section 6. entrapment operation where P01 Adrian was caught red-handed demanding and taking
PhP500.00 from a motorist who supposedly beat a red light.
The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1)
it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all After he was apprehended, PO1 Adrian was required to submit a sample of his urine.
courts in the Philippines; and (2) it violates the equal protection clause to the extent The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was
that it allows the transfer of the custody of an accused to a foreign power as providing charged with violation of Section 15, Article II of R.A. No. 9165 or the Comprehensive
a different rule of procedure for that accused. Dangerous Drugs Act of 2002.

Rule on the challenge. (5%) PO1 Adrian argues against the admissibility of the urine test results and seeks its
exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of
XII the accused's right to privacy and right against self-incrimination.

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt Are PO1 Adrian's contentions correct? (2.5%)
internal rules governing the allotment of cases among its divisions, the rotation of
justices among them, and other matters relating to the internal operations of the court. XIV

Section 6 of Article IX-A of the Constitution allows each of the Constitutional Amoroso was· charged with treason before a military court martial. He was acquitted.
Commissions "en bane [to] promulgate its own rules concerning pleadings and practice
before it or before any of its offices. Such rules however shall not diminish, increase, or He was later charged with the same offense before a Regional Trial Court. He asks that
modify substantive rights." the information be quashed on the ground of double jeopardy.

Section 16(3) of Article VI of the Constitution states that "Each House may determine The prosecution objects, contending that for purposes of double jeopardy, the military
the rules of its proceedings." Section 21, Article VI of the Constitution further provides court martial cannot be considered as a "competent court."
that "The Senate or the House of Representatives or any of its respective committees
may conduct inquiries... in accordance with its duly published rules of procedure." Should the Regional Trial Court grant Amoroso's motion to quash on the ground of
double jeopardy? (2.5%)
Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall
promulgate its rules on impeachment to effectively carry out the purposes of this XV
section."
Annika sued the Republic of the Philippines, represented by the Director of the Bureau
Are the rules promulgated pursuant to these provisions subject to review and of Plant Industry, and asked for the revocation of a deed of donation executed by her in
disapproval by the Supreme Court? (5%) favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee
failed to install lighting facilities and a water system on the property donated, and to
build an office building and parking lot thereon, which should have been constructed
and made ready for occupancy on or before the date fixed in the deed of donation. Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

The Republic invoked state immunity and moved for the dismissal of the case on the Which of these extrajudicial confessions, if any, would you consider as admissible in
ground that it had not consented to be sued. Should the Republic's motion be granted? evidence against Ariston? (5%)
(2.5%)
XVIII
XVI
Two police teams monitored the payment of ransom in a kidnapping case.
Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their
checked-in luggage, they placed all their bags in one pushcart and proceeded to The bag containing the ransom money was placed inside an unlocked trunk of a car
Express Lane 5. They were instructed to place their luggage on the examiner's table for which was parked at the Angola Commercial Center in Mandaluyong City.
inspection.
The first police team, stationed in an area near where the car was parked, witnessed
The examiner found brown-colored boxes, similar in size to powdered milk boxes, the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers
underneath the clothes inside the foreigners' bags. The examiner discovered white thereafter boarded their car and proceeded towards the direction of Amorsolo St. in
crystalline substances inside the boxes that he inspected and proceeded to bundle all Makati City where the second police team was waiting.
of the boxes by putting masking tape around them. He thereafter handed the boxes
over to Bureau of Customs agents. The agents called out the names of the foreigners Upon confirmation by radio report from the first police team that the kidnappers were
one by one and ordered them to sign their names on the masking tape placed on the heading towards their direction, the second police team proceeded to conduct
boxes recovered from their respective bags. The contents of the boxes were thereafter surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial
subjected to tests which confirmed that the substance was shabu. Center in Makati City, and the police team finally blocked it when it slowed down. The
members of the second police team approached the vehicle and proceeded to arrest
Can the shabu found inside the boxes be admitted in evidence against the five the kidnappers.
foreigners for the charge of illegal possession of drugs in violation of the
Comprehensive Dangerous Drugs Act of 2002? (2.5%) Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

XVII XIX

The police served a warrant of arrest on Ariston who was suspected of raping and President Alfredo died during his third year in office. In accordance with the
killing a female high school student. While on the way to the police station, one of the Constitution, Vice President Anastasia succeeded him. President Anastasia then
police officers who served the warrant asked Ariston in the local dialect if he really nominated the late President Alfredo's Executive Secretary, Anna Maria, as her
raped and killed the student, and Ariston nodded and said, "Opo." Upon arriving at the replacement as Vice President. The nomination was confirmed by a majority of all the
police station, Ariston saw the City Mayor, whom he approached and asked if they Members of the House of Representatives and the Senate, voting separately.
could talk privately. The Mayor led Ariston to his office and, while there in conversation
with the Mayor, Ariston broke down and admitted that he raped and killed the student. (a) Is Anna Maria's assumption as Vice President valid? (2.5%)
The Mayor thereafter opened the door of the room to let the public and media
representatives witness Ariston's confession. In the presence of the Mayor, the police (b) Can Anastasia run as President in the next election? (2.5%)
and the media, and in response to questions asked by some members of the media,
 I
XX
Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the
Andreas and Aristotle are foreign nationals working with the Asian Development Bank Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for
(ADS) in its headquarters in Manila. Both were charged with criminal acts before the ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle's property,
local trial courts. which is located in Digos City, Davao del Sur, has an assessed value of PhP 25,000.
Appended to the complaint was Danielle's certification on non-forum shopping
Andreas was caught importing illegal drugs into the country as part of his "personal executed in Davao City duly notarized by Atty. Dane Danoza, a notary public.
effects" and was thus charged with violation of Comprehensive Dangerous Drugs Act of
2002. Before the criminal proceedings could commence, the President had him (a) Was there a need to refer the case to the Lupong Tagapamayapa for
deported as an undesirable alien. Aristotle was charged with grave oral defamation for prior barangay conciliation before the court can take cognizance of the case?
uttering defamatory words against a colleague at work. In his defense, Aristotle claimed (2.5%)
diplomatic immunity. He presented as proof a communication from the Department of
Foreign Affairs stating that, pursuant to the Agreement between the Philippine (b) Was the action properly instituted before the RTC of Davao City? (2.5%)
Government and the ADS, the bank's officers and staff are immune from legal
processes with respect to acts performed by them in their official capacity. (c) Should the complaint be verified or is the certification sufficient? (2.5%)

(a) Can the President's act of deporting an undesirable alien be subject to II

judicial review? (2.5%)
Dendenees Inc. and David, both stockholders owning collectively 25% of Darwinkle Inc.,
(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%) filed an action before the RTC of Makati to compel its Board of Directors (BOD) to hold
the annual stockholders' meeting (ASM) on June 21, 2017, as required by Darwinkle
Inc. 's By-Laws, with prayer for preliminary mandatory injunction to use as record date
April 30, 2017. The complaint alleged, among others, that the refusal to call the ASM on
June 21, 2017 was rooted in the plan of the BOD to allow Databank Inc. (which would
have owned 50% of Darwinkle Inc. after July 15, 2017) to participate in the ASM to
effectively dilute the complainants' shareholdings and ease them out of the BOD.
Dendenees Inc. and David paid the amount of PhP 7 ,565 as filing fees based on the
assessment of the Clerk of Court. The BOD filed a motion to dismiss on the ground of
lack of jurisdiction. They averred that the filing fees should have been based on the
2018 BAR EXAMINATIONS actual value of the shares of Dendenees Inc. and David, which were collectively worth
REMEDIAL LAW PhP 450 million.

If you were the Judge, will you grant the motion to dismiss? (5%)

III

On February 3, 2018, Danny Delucia, Sheriff of the RTC of Makati, served the Order
granting the ex-parte application for preliminary attachment of Dinggoy against
Dodong. The Order, together with the writ, was duly received by Dodong. On March 1, RTC of Manila for recovery of sum of money. The complaint alleged that, on October
2018, the Sheriff served upon Dodong the complaint and summons in connection with 14, 2017, Debra obtained a loan from Dorton in the amount of PhP 10 million with
the same case. The counsel of Dodong filed a motion to dissolve the writ. interest of 9% per annum. The loan was evidenced by a promissory note (PN) payable
on demand signed by Daniel and Debbie, the principal stockholders of Debra, who also
(a) Can the preliminary attachment issued by the Court in favor of Dinggoy be executed a surety agreement binding themselves as sureties. Copies of both the PN and
dissolved? What ground/s can Dodong's counsel invoke? (2.5%) the surety agreement were attached to the complaint. Dorton further alleged that it
made a final demand on March 1, 2018 for Debra and the sureties to pay, but the
(b) If Dodong posts a counter bond, is he deemed to have waived any of his demand was not heeded.
claims for damages arising from the issuance of the Order and writ of
attachment? (2.5%) Debra, Daniel, and Debbie filed their answer, and raised the affirmative defense that,
while the PN and the surety agreement appeared to exist, Daniel and Debbie were
IV uncertain whether the signatures on the documents were theirs. The PN and the surety
agreement were pre-marked during pre-trial, identified but not authenticated during
Dick Dixson had sons with different women - (i) Dexter with longtime partner Delia and trial, and formally offered.
(ii) Dongdong and Dingdong with his housemaid Divina. When Dick fell ill in 2014, he
entrusted all his property titles and shares of stock in various companies to Delia who, Can the RTC of Manila consider the PN and the surety agreement in rendering its
in turn, handed them to Dexter for safekeeping. After the death of Dick, Dexter induced decision? (5%)
Dongdong and Dingdong to sign an agreement and waiver of their right to Dick's estate
in consideration of PhP 45 million. As Dexter reneged on his promise to pay, Dongdong VI
and Dingdong filed a complaint with the RTC of Manila for annulment of the agreement
and waiver. The summons and complaint were received by Dalia, the housemaid of Daribell Inc. (Daribell) filed a complaint for sum of money and damages against spouses
Dexter, on the day it was first served. Dexter filed a motion to dismiss on the ground of Dake and Donna Demapilis for unpaid purchases of construction materials in the sum
lack of jurisdiction over his person. RTC Manila granted the motion to dismiss. of PhP 250,000. In their answer, spouses Demapilis admitted the purchases from
Daribell, but alleged that they could not remember the exact amount since no copies of
Dongdong and Dingdong thereafter filed a new complaint against Dexter for annulment the documents were attached to the complaint. They nevertheless claimed that they
of the agreement and waiver. Before Dexter could file his answer, Dongdong and made previous payments in the amounts of PhP 110,000 and PhP 20,000 and that they
Dingdong filed a motion to withdraw their complaint praying that it be dismissed were willing to pay the balance of their indebtedness after account verification. In a
without prejudice. An Order was issued granting the motion to withdraw without written manifestation, spouses Demapilis stated that, in order to buy peace, they were
prejudice on the basis that the summons had not yet been served on Dexter. Dexter willing to pay the sum of PhP 250,000, but without interests and costs. Subsequently,
filed a motion for reconsideration of the order of dismissal. He argued that the Daribell filed a motion for partial summary judgment. Thereafter, Daribell filed an
dismissal should have been with prejudice under the "two-dismissal rule" of Rule 17, amended complaint, alleging that the total purchases of construction materials were
Section 1 of the Rules of Court, in view of the previous dismissal of the first case. PhP 280,000 and only PhP 20,000 had been paid. Daribell also served upon the spouses
Demapilis a request for admission asking them to admit to the genuineness of the
Will the two-dismissal rule apply making the second dismissal with prejudice? (5%) statement of accounts, delivery receipts and invoices, as well as to the value of the
principal obligation and the amount paid as stated in the amended complaint.
V
Daribell thereafter amended the complaint anew. The amendment modified the period
Dorton Inc. (Dorton) sued Debra Commodities Inc. (Debra), Daniel, and Debbie in the covered and confirmed the partial payment of PhP 110,000 but alleged that this
payment was applied to the spouses' other existing obligations. Daribell however PhP 500,000, spouses Dumdum executed the deed of absolute sale and transferred the
reiterated that the principal amount remained unchanged. title to Doy Dogan. The balance was not paid at all. Spouses Dumdum, through counsel,
sent a demand letter to Doy Dogan for him to pay the balance of PhP 1.5 million plus
(a) Is the request for admission deemed abandoned or withdrawn by the filing interest of PhP150,000. Doy Dogan responded in a letter by saying that "while the
of the second amended complaint? (2.5%) remaining balance is admitted, the interest charged is excessive." There being no
payment, spouses Dumdum filed with the RTC of Dapitan City a complaint for
(b) Can the amendment of the complaint be allowed if it substantially alters the reconveyance with damages against Doy Dogan.
cause of action? (2.5%)
In his answer, Doy Dogan raised, by way of affirmative defense, that the purchase price
(c) Can the facts subject of an unanswered request for admission be the basis had been fully paid and for this reason the complaint should have been dismissed.
of a summary judgment? (2.5%) Spouses Dumdum then filed a motion for judgment on the pleadings which was
granted by the RTC of Dapitan City. The Court awarded PhP1 .5 million actual damages
VII representing the balance of the purchase price, PhP 200,000 as moral damages, PhP
200,000 as exemplary damages, PhP 90,000 as interest, PhP 50,000 as attorney's fees,
Dory Enterprises Inc. (Dory) leased to Digna Corporation (Digna) a parcel of land and PhP 5,000 as cost of suit.
located in Diliman, Quezon City. During the term of the lease, Digna was informed by
DBS Banking Corporation (DBS) that it had acquired the leased property from the Was it proper for the RTC of Dapitan City to grant the motion for judgment on the
former owner Dory, and required Digna to pay the rentals directly to it. Digna promptly pleadings? (2.5%)
informed Dory of DBS' claim of ownership. In response, Dory insisted on its right to
collect rent on the leased property. IX

Due to conflicting claims of Dory and DBS over the rental payments, Digna filed a In 2015, Dempsey purchased from Daria a parcel of land located in Dumaguete, Negros
complaint for interpleader in the RTC of Manila. Digna prayed that it be allowed to Oriental. The latter executed a deed of absolute sale and handed to Dempsey the
consign in court the succeeding monthly rentals, and that Dory and DBS be required to owner's duplicate copy of TCT No. 777 covering the property. Since he was working in
litigate their conflicting claims. It later appeared that an action for nullification of Manila and still had to raise funds to cover taxes, registration and transfer costs,
a dacion en pago was filed by Dory against DBS in the RTC of Quezon City. In said case, Dempsey kept the TCT in his possession without having transferred it to his name. A
Dory raised the issue as to which of the two (2) corporations had a better right to the few years thereafter, when he already had the funds to pay for the transfer costs,
rental payments. Dory argued that, to avoid conflicting decisions, the interpleader case Dempsey went to the Register of Deeds of Dumaguete and discovered that, after the
must be dismissed. sale, Daria had filed a petition for reconstitution of the owner's duplicate copy of TCT
No. 777 which the RTC granted. Thus, unknown to Dempsey, Daria was able to secure a
Does the action for nullification of the dacion en pago bar the filing of the interpleader new TCT in her name.
case? (2.5%)
What is Dempsey's remedy to have the reconstituted title in the name of Daria
VIII nullified? (5%)

Spouses Dondon and Donna Dumdum owned a residential lot in Dapitan City. Doy X
Dogan bought said lot and took possession thereof with the promise to pay the
purchase price of PhP 2 million within a period of six (6) months. After receiving only In a buy-bust operation, 30 kilos of shabu were seized from Dave and Daryll. They were
arrested and placed on inquest before Prosecutor Danilo Doon who ordered their Dong's appointment as CA Justice, his birth certificate indicated that he was a Chinese
continued detention. Thereafter, the information for the sale and distribution citizen and his bar records showed that he was a naturalized Filipino citizen.
of shabu was filed in court. When arraigned, Dave and Daryll pleaded not guilty to the
charge. During pre-trial, counsel for both of the accused raised, for the first time, the (a) May the OSG be compelled, in an action for certiorari, to initiate a quo
illegality of the arrest. The case proceeded to trial. After trial, the court scheduled the warranto proceeding against J. Dong? (2.5%)
promulgation of judgment with notice to both the accused and their counsel, Atty.
Dimayuga. During the promulgation, only Dave and Atty. Dimayuga were present. Both (b) Does Atty. Dacio have the legal personality to initiate the action
the accused were convicted of the crime charged. for certiorari and prohibition against J. Dong? (2.5%)

(a) Was the challenge to the validity of the arrest timely raised? (2.5%) XII

(b) What is the remedy available to Daryll, if any, to be able to file an appeal? Dodo was knocked unconscious in a fist fight with Dindo. He was rushed to the
(2.5%) emergency room of the Medical City where he was examined and treated by Dr. Datu.
As he was being examined, a plastic sachet appearing to contain shabu fell from Dodo's
XI jacket which was on a chair beside him. Dodo was thus arrested by the same policemen
who assisted him to the hospital. At Dodo's trial, the public prosecutor called Dr. Datu
In 2007, Court of Appeals Justice (CA Justice) Dread Dong (J. Dong) was appointed to to the witness stand. When the public prosecutor asked Or. Datu as to what he saw in
the Supreme Court (Court) as Associate Justice. Immediately after the appointment was the emergency room, Dodo's counsel objected, claiming doctor-patient privilege rule.
announced, several groups questioned his qualification to the position on the ground
that he was not a natural born Filipino citizen. In the same year, the Court issued an How would you rule on the objection? (2.5%)
Order enjoining him from accepting the appointment or assuming the position and
discharging the functions of his office until he is able to successfully complete all the XIII
necessary steps to show that he is a natural born citizen of the Philippines. However, he
continued to exercise his functions as CA Justice. Denny is on trial for homicide. The prosecution calls Danilo, a police officer, who
interviewed the victim, Drew, shortly after the shooting. Danila's testimony is being
Since the qualification of a natural born citizen applies as well to CA Justices, Atty. offered by the prosecution for purposes of proving that (i) Drew is now dead; (ii) while
Dacio, a practicing lawyer, asked the Office of the Solicitor General (OSG), through a in the emergency room, Drew was posting his medical condition on Facebook and was
verified request, to initiate a quo warranto proceeding against J. Dong in the latter's "liking" the posts of his Facebook friends; (iii) Drew asked the nurse for water but was
capacity as incumbent CA Justice. The OSG refused to initiate the action on the ground refused because he was bleeding, which subsequently angered Drew; and (iv) that
that the issue of J. Dong's citizenship was still being litigated in another case. before dying, Drew signed a statement in which he identified Denny as the shooter.

When the OSG refused to initiate a quo warranto proceeding, Atty. Dacio filed a Is the proposed testimony of Danilo admissible? (2.5%)
petition for certiorari against the OSG and certiorari and prohibition against J. Dong.
The petition for certiorari against the OSG alleged that the OSG committed grave abuse XIV
of discretion when it deferred the filing of a quo warranto proceeding against J. Dong,
while the petition for certiorari and prohibition against J. Dong asked the Court to order Dave is on trial for sexual assault of Delly, a law student who sidelines as a call center
him to cease and desist from further exercising his powers, duties and responsibilities agent. Dave offers the testimony of Danny, who says that Dave is known in the
as CA Justice. In both instances, Atty. Dacio relied on the fact that, at the lime of J. community as a decent and discerning person. The prosecution presents a rebuttal
witness, Dovie, who testifies that, if Dave was reputed to be a good person, that Dys' house, which was only about 100 meters away from the police station, SPO1 Dody
reputation was a misperception because Dave had been previously convicted of recognized Danjo. Realizing that the police station had a copy of Danjo's warrant of
homicide. arrest, SPO1 Dody immediately pursued and arrested Danjo.

Is Dovie's testimony admissible as to the character of Dave? (2.5%) (a) Was the warrant of arrest issued against Danjo who was not in the
Philippines valid? (2.5%)
XV
(b) Can the warrant of arrest be served on Danjo upon his return? (2.5%)
Atty. Dalmacio, the Director of the National Bureau of Investigation, applied for a
search warrant before the Executive Judge of RTC Manila. He alleged in his application XVII
that a certain alias Django was keeping about 10 kilos of shabu in a wooden cabinet
located at Dillian's Store in Paseo de Sta. Rosa, Laguna. The Executive Judge of Manila Don Deles, a contractor, was sued together with Mayor Dante Dungo and Congressman
personally examined Atty. Dalmacio and his witnesses and thereafter issued the search Dal Dilim for malversation of public funds before the Office of the Ombudsman. Danny
warrant particularly describing the place to be Din, a material witness of the complainant Diego Domingo, was hired as an engineer by
a construction company in Qatar, and had to depart in two (2) months. To perpetuate
searched and the items to be seized. Danny Din's testimony, Diego Domingo applied for his conditional examination before
the Sandiganbayan.
(a) Can the search warrant issued by the Executive Judge of Manila be enforced
in Laguna? (2.5%) Should the application for conditional examination of Danny Din be granted? (2.5%)

(b) Can the legal concept of "venue is jurisdictional" be validly raised in XVIII
applications for search warrants? (2.5%)
The Republic of the Philippines (Republic) filed a complaint with the Sandiganbayan in
XVI connection with the sequestered assets and properties of Demo Companies Inc.
(Demo) and impleaded its officers and directors. Since the complaint did not include
Danjo, a stay-in gardener at the Dy family home in Quezon City, applied for overseas Demo as defendant, the Sandiganbayan issued a Resolution where it ordered Demo to
employment in Riyadh as a flower arranger. After he left for abroad, Dino Dy, head of be impleaded. Thereafter, the Republic filed an amended complaint naming Demo as
the family, discovered that all his wristwatches were missing. Dino followed Danjo's additional defendant, which amendment was later admitted.
lnstagram account and in one instance saw Danjo wearing his Rolex watch. He filed a
complaint for qualified theft against Danjo with the Office of the Prosecutor (OP), Demo filed a motion for bill of particulars for the Republic to clarify certain matters in
Quezon City. The subpoena with the affidavit-complaint was served on Denden, Danjo's its amended complaint. The Sandiganbayan immediately granted the motion. Upon
wife, at their house. No counter-affidavit was filed by Danjo who continued to work in submission of the bill of particulars by the Republic, Demo filed a motion to dismiss
Riyadh. After conducting a preliminary investigation, the OP found probable cause arguing that the answers in the bill of particulars were indefinite and deficient
against Danjo and subsequently filed the information for qualified theft before the RTC responses to the question of what the alleged illegally acquired funds or properties of
of Quezon City. The court likewise found probable cause and issued in 2016 a warrant Demo were. The Sandiganbayan dismissed the case.
for Danjo's arrest.
(a) Was the Sandiganbayan correct in dismissing the case? (2.5%)
Danjo was repatriated to the Philippines in 2018. While Danjo was lurking outside the
 (b) What can the defendant, in a civil case, do in the event that his motion for proceedings over the assets of the deceased? To whom, in particular, shall the
bill of particulars is denied? (2.5%) estate of the deceased go and for whose benefit? (2.5%)

XIX XXI

Drylvik, a German national, married Dara, a Filipina, in Dusseldorf, Germany. When the The municipality of Danao, Cebu was a quiet and peaceful town until a group of miners
marriage collapsed, Dara filed a petition for declaration of nullity of marriage before from Denmark visited the area and discovered that it was rich in nickel. In partnership
the RTC of Manila. Drylvik, on the other hand, was able to obtain a divorce decree from with the municipal mayor, the Danish miners had to flatten 10 hectares of forest land
the German Family Court. The decree, in essence, states: by cutting all the trees before starting their mining operations. The local DENR,
together with the Samahan Laban sa Sumisira sa Kalikasan, filed a petition for writ
The marriage of the Parties contracted on xxx before the Civil Registrar of of kalikasan against the municipal mayor and the Danish miners in the RTC of Cebu.
Dusseldorf is hereby dissolved. The parental custody of the children Diktor and
Daus is granted to the father. (a) Is the petition within the jurisdiction of the RTC of Cebu? (2.5%)

Drylvik filed a motion to dismiss in the RTC of Manila on the ground that the court no (b) What is the Precautionary Principle? (2.5%)
longer had jurisdiction over the matter as a decree of divorce had already been
promulgated dissolving his marriage to Dara. Dara objected, saying that while she was XXII
not challenging the divorce decree, the case in the RTC still had to proceed for the
purpose of determining the issue of the children's custody. Drylvik counters that the Danica obtained a personal loan of PhP 180,000 from Dinggoy, payable in 18 equal
issue had been disposed of in the divorce decree, thus constituting res judicata. monthly installments of PhP 10,000 until fully paid. In order to complete her payment
at an earlier date, Danica instead paid PhP 20,000 monthly, and continued doing so
(a) Should Drylvik's motion to dismiss be granted? (2.5%) until the 15th month, which payments Dinggoy all accepted. Later on, she realized that
she had overpaid Dinggoy by 100% as she should have already completed payment in
(b) Is a foreign divorce decree between a foreign spouse and a Filipino spouse, nine (9) months. She demanded the return of the excess payment, but Dinggoy
uncontested by both parties, sufficient by itself to cancel the entry in the civil completely ignored her. Thus, Danica availed of the Rules of Procedure for Small Claims
registry pertaining to the spouses' marriage? (2.5%) Cases by filing before the Municipal Trial Court (MTC) a statement of claim, together
with the required documents.
XX
Should the MTC proceed with the case under the: (i) Revised Rules Summary
Dominic was appointed special administrator of the Estate of Dakota Dragon. Delton, Procedure; (ii) the Rules of Procedure for Small Claims; or (iii) the regular procedure for
husband of Dakota, together with their five (5) children, opposed the appointment of civil cases? (5%)
Dominic claiming that he (Dominic) was just a stepbrother of Dakota. After giving
Dominic the chance to comment, the court issued an Order affirming the appointment
of Dominic.

(a) What is the remedy available to the oppositors? (2.5%)

2019 BAR EXAMINATIONS
(b) If there are no qualified heirs, can the government initiate escheat
CIVIL LAW
A.2.

Hand W were married in 1990. H, being a member of the Armed Forces of the
Philippines (AFP), was deployed to a rebel-infested area in 1992. Since then, W has not
heard from her husband, H.

One day, the AFP informed W that H had been declared missing since 1995. In
consequence, W diligently pursued all available means to ascertain her husband's
PART I whereabouts, but to no avail.

Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All Firmly believing that H had already died, W filed a claim before the AFP in 2008 for the
answers to these questions should be written in Booklet I. death benefits of the missing serviceman. However, the AFP, despite being cognizant of
H's status, would not act on the claim, contending that H could not be presumed dead
unless a judicial declaration to this effect is issued by the proper court.

A.1. In what instance/s is a judicial declaration of presumptive death necessary?

In this case, is the contention of the AFP correct? Explain. (3%)
In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was
crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. A.3.
As a result, Mrs. A sustained serious injuries and further, suffered an unintentional
abortion. Mrs. A was hospitalized for two (2) months, during which she incurred Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their marriage,
₱400,000.00 in medical fees. Her expenses were all duly substantiated by official Mr. Reyes cohabited with another woman, Ms. Cruz. Out of Mr. Reyes and Ms. Cruz's
receipts. During the two (2)-month period of her confinement, she was unable to illicit relationship, a child named C was born. In C's birth certificate, "Cruz" appears as
report for work and earn any salary, which was established at the rate of ₱50,000.00 the child's surname, although Mr. Reyes expressly acknowledged C as his child.
per month. Mrs. A then filed a civil case for damages against Mr. X.
In 2018, Mr. Reyes and Ms. Cruz ended their relationship. Mr. Reyes thereafter lodged
(a) Based on the case filed by Mrs. A, what is the source of Mr. X's obligation a petition in court for parental custody and change or correction of C's surname in the
to her as a result of his acts? Explain. (2%) child's birth certificate from "Cruz" to "Reyes." At that time, C was only ten (10) years
old.
(b) May Mrs. A claim actual damages from Mr. X? If so, how much can Mrs. A
claim? Explain. (2%) (a) Should Mr. Reyes be granted custody of C? Explain. (2.5%)

(c) May Mrs. A claim damages on behalf of her unborn baby? Explain. (3%) (b) Can Mr. Reyes validly compel the change or correction of C's surname
from "Cruz" to "Reyes"? Explain. (2.5%)
(d) What must Mrs. A prove if she wants to recover moral damages from Mr.
X? (2%) A.4.

F, a Filipina, married J, a Japanese, in the Philippines. After three (3) years, they had a
falling out and thus, separated. Soon after, F initiated a divorce petition in Japan which good faith, Mr. P is obliged to sell the land to him.
was not opposed by J because under Japanese law, a grant of divorce will capacitate
him to remarry. F's divorce petition was then granted by the Japanese court with (a) Is the claim of Mr. A correct? Explain. (3%)
finality.
(b) Assuming that Mr. P all the while, knew but did not object to Mr. A's
May the legal effects of the divorce decree be recognized in the Philippines, construction of the house on his property, may Mr. A compel Mr. P to
and consequently, capacitate F to remarry here? Explain. (3%) purchase the said improvement due to Mr. P's bad faith? Explain. (3%)

A.5. A.8.

X and Y were in a live-in relationship for the longest time, and were already blessed Mr. E leased a piece of land from Mr. F to be used for his sawmill business for a period
with a child, Z. They finally decided to get married on March 15, 2020. When X's of ten (10) years. Consequently, Mr. E placed heavy machineries thereon to be used for
parents found about the news, they were thrilled and thus, donated in favor of Z, the his aforementioned business, with the intention of removing them after the expiration
family heirloom, particularly, a gold ring valued at ₱250,000.00, which X and Y orally of the lease period.
accepted on behalf of their minor child. One day, X and Y got into a serious quarrel,
which resulted in them setting aside their marriage plans. Are Mr. E's heavy machineries considered real properties under the Civil
Code? Explain. (3%)
(a) Is the donation to Z valid? Explain. (3%)
A.9.
(b) Assuming that the donation to Z is valid, may X's parents revoke the
donation on the ground that the marriage of X with Y did not push through? Ms. U is a usufructuary of a piece of land owned by Mr. L. During the existence of the
Explain. (3%) usufruct, Ms. U introduced various useful improvements on the land. Upon termination
of the usufruct, Mr. L requested Ms. U to remove the said improvements, but Ms. U
A.6. refused, demanding instead that Mr. L reimburse her the value of the same.

Name at least two (2) exclusions from the following property regimes as enumerated (a) What is a usufruct? (2%)
under the Family Code:
(b) Is Ms. U's demand proper? Explain. (3%)
(a) Absolute community of property (2%)
A.10.
(b) Conjugal partnership of gains (2%)
Village Hand Village L are adjoining residential villages in a mountainous portion of
A.7. Antipolo City, Rizal, with Village L being lower in elevation than Village H. In an effort to
beautify Village H, its developer, X, Inc., constructed a clubhouse which included an
Believing that he owned a certain parcel of land and completely unaware of any defect Olympic-sized swimming pool and an artificial lagoon on a portion of land overlooking
in his title thereto, Mr. A started to build a house thereon. When Mr. P, the real owner Village L.
of the land learned of Mr. A's actions, Mr. P immediately demanded Mr. A to leave the
premises. However, Mr. A refused to leave, and instead, asserted that as a builder in During the monsoon season, the continuous heavy rains caused Village H's swimming
pool and artificial lagoon to overflow, resulting into a massive spillover that damaged complaint for quieting of title against Mrs. X.
various properties in Village L. Aggrieved, the homeowners of Village L filed a complaint
for damages against X, Inc. In defense, X, Inc. contended that pursuant to the Civil (a) What are the substantive requisites for the action to prosper? Do they
Code, Village L, as the lower estate, was obliged to receive the waters descending from obtain in this case? Explain. (3%)
Village H, the higher estate. Hence, it cannot be held liable for damages.
(b) Within what period should A, B, and C tile the complaint for quieting of
Is X, Inc.'s position tenable? Explain. (3%) title? Explain. (2%)

(c) Assuming that Band Care residing abroad, may A, without the knowledge
of B and C, file the complaint for quieting of title on behalf of all the heirs?
- END OF PART I - Explain. (2%)

Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II B.12.
and the answers therefor should be written in Booklet II.
D, an Overseas Filipino Worker, was on his way home to the Philippines after working
for so many years in the Middle East. He had saved ₱100,000.00 in his local savings
account which he intended to use to start up a business in his home country. On his
PART II flight home, tragedy struck as a suicide bomber blew up the plane. All the passengers,
including D, died. He left behind his widowed mother M; his common-law wife, W, who
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to is the mother of his twin sons, T and S; and his brother, B. He left no will, no debts, no
B.20. All answers to these questions should be written in Booklet II. other relatives, and no other properties except the money in his savings account.

Who are the heirs entitled to inherit from D and how much should each
receive? Explain. (5%)
B.11.
B.13.
Mr. R is the registered owner of a parcel of land located in Cebu City covered by
Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the M, single, named his sister N in his will, as a devisee over a certain parcel of land that
lot, Mr. R and his family had been in continuous, open, and peaceful possession he owned, with the obligation of preserving the land and transferring it, upon N's
thereof. Mr. R died in 1980, resulting in the land being transferred in the names of his death, to her illegitimate daughter 0, who was then only a year old.
heirs, i.e., A, B, and C, who became registered owners thereof as per TCT No. 5678.
During the entire time, said land had never been encumbered or disposed, and that its Is the condition imposed on N to preserve the land and to transmit it upon
possession always remained with them. her death to O a valid case of fideicommissary substitution? Explain. (3%)

Sometime in 1999, A, B, and C wanted to build a concrete fence around the parcel of B.14.
land, but they were opposed by Mrs. X, who started claiming ownership over the same
property on the strength of a Deed of Absolute Sale purportedly entered into by her Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic
with Mr. R during the time that he was still alive. Aggrieved, A, B, and C intend to file a will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his
heirs, and consequently, made testamentary dispositions in their favor. H, however, For its part, S Company refused the claim and raised the defense that the extension of
expressly disinherited Z on the ground that the latter once filed a civil case against him time granted by C Corp. to D, Inc. without its consent released it from liability.
in order to collect a particular sum of money he previously owed Z.
(a) Will the defense of S Company against the claim bold water? Explain. (3%)
(a) Was the disinheritance of Z proper? Explain. (3%)
(b) Assuming that S Company instead refused the claim on the ground that C
(b) Assuming that the disinheritance of Z was improper, how will it affect the Corp. has yet to exhaust D, Inc.'s property to satisfy the claim before
institution of heirs and testamentary dispositions made in H's will? Explain. proceeding against it, will this defense prosper? Explain. (2%)
(3%)
B.17.
B.15.
In 2015, O, the original registered owner of a 300-square meter property covered by
Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q Original Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after,
accepted on the condition that their agreement will not take effect until after one (1) while O was abroad, F surreptitiously broke open O's safe and stole the duplicate copy
year. Mr. P then acceded and both of them shook hands. Excited about the prospect of of the said OCT. F then forged a Deed of Absolute Sale and made it appear that O sold
acquiring Mr. P's shares, Ms. Q approached the former and offered to pay him an the property to him. Consequently, F was able to have OCT No. 0-1234 cancelled and in
earnest money equivalent to 1 % of the purchase price, which Mr. P accepted. After lieu thereof, a new title, Transfer Certificate of Title (TCT) No. T-4321, was issued in his
one (1) year, Ms. Q approached Mr. P seeking the enforcement of their agreement for name.
Mr. P to sell his shares to her. Mr. P refused to honor their agreement, claiming that
the same was covered by the Statute of Frauds because it was not reduced into writing A few months after, F offered the property for sale to X. After conducting the required
and hence, unenforceable. due diligence to verify the title of F, and finding no occupant in the property during
ocular inspection, X signed the contract of sale, and thereupon, fully paid the purchase
Is the position of Mr. P correct? Explain. (3%) price. A few days later, X was able to obtain TCT No. T-5678 under his name.

B.16. When O discovered F's fraudulent acts upon his return in 2017, O immediately filed a
complaint for reconveyance against F and X, principally pointing out that F merely
C Corp. entered into a contract with D, Inc. for the construction of the latter's forged his signature in the Deed of Absolute Sale purportedly made in F's favor and
production warehouse. In consideration thereof, D, Inc. was obliged to pay C Corp. the thus, F could not have validly transferred the title thereof to X. Consequently, he
amount of ₱50,000,000.00 within a period of one (1) month from the time of the sought the return of the subject property to him.
project's completion. To secure the payment of the said sum, D, Inc. entered into a
surety agreement with S Company. (a) Will the prayer of O for the return of the subject property prosper?
Explain. (3%)
After more than a month from the completion date of the project, C Corp. remained
unpaid. Claiming that it was suffering from serious financial reverses, D, Inc. asked C (b) Assuming that O could no longer recover the subject property in view of
Corp. for an extension of three (3) months to pay the ₱50,000,000.00 it still owed, to X's registration thereof in his name, may a claim against the Assurance Fund
which C Corp. agreed. However, after more than three (3) months, D, Inc. still refused pursuant to the provisions of the Property Registration Decree be instituted?
to pay. Hence, C Corp. proceeded to collect the above sum from the surety, S Company. Explain. (3%)
 B.18. X, Y, and Z disagreed with Mr. A's contention, arguing further that in any event, rentals
should not be paid up until Mr. A makes the necessary arrangements for the repair of
In light of a new business venture, Mr. A entered into a lease contract with Mr. B the defective electrical wirings in the office that caused power outages and hence,
involving one of the latter's warehouses. One day, Mr. B, who was then encountering made it difficult, if not impossible, for them to conduct their usual business operations.
financial difficulties, approached Mr. A and sought for a loan, which Mr. A readily
granted to him. In order to secure the loan obligation, Mr. B mortgaged the leased Rule on the parties' respective arguments. (5%)
warehouse in favor of Mr. A. In addition, Mr. B executed a promissory note in favor of
A, wherein prior demand was waived by him. B.20.

When Mr. B defaulted on his loan obligation, Mr. A simply stopped paying rentals due Distinguish the following:
to Mr. B on the ground that legal compensation had already set in up to the concurrent
amount. Furthermore, since there was still a balance due on the promissory note, Mr. A (a) Contract of sale and contract to sell (2%)
foreclosed the real estate mortgage over Mr. B's property, without any prior demand
furnished to Mr. B. (b) Interruption and tolling of prescription of actions (2%)

Aggrieved, Mr. B opposed the foreclosure due to the lack of prior demand, contending 2019 BAR EXAMINATIONS
that the waiver of prior demand was stipulated in the promissory note and not in the CRIMINAL LAW
mortgage instrument. Mr. B likewise argued that when Mr. A invoked legal
compensation between the unpaid rentals and the loan arrearages, it amounted to a
novation that resulted in the extinguishment of the loan contract between them. As PART I
such, the real estate mortgage, being a mere accessory contract to the principal loan,
was necessarily extinguished. Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All
answers to these questions should be written in Booklet I.
(a) May Mr. A validly claim legal compensation? Explain. (2%)

(b) May Mr. A validly foreclose on the real estate mortgage even without
prior demand to Mr. B? Explain. (2%) A.1.

(c) Is Mr. B's claim of novation correct? Explain. (2%) Define/distinguish the following terms:

B.19. (a) Mala in se and mala prohibita (2%)

Mr. A entered into a lease contract covering one of his commercial buildings with XYZ (b) Grave, less grave, and light felonies (3%)
Company, a partnership composed of X, Y, and Z, as lessee, for use as an office space.
Upon failure to receive the rental payments when they fell due, Mr. A immediately
(c) Aberratio ictus, error in personae, and praeter intentionem (3%)
sought payment of the same from X, Y, and Z, asserting that the individual partners are
solidarily liable together with the partnership for its debts.
A.2.
Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y's disregard for his breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently
feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal foraged through her cabinet, and stashed all the bundles of cash and jewelries he could
knowledge of her with the help of his buddies, A, B, and C. find.

On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and
Y, C had a change of heart and left. This notwithstanding, Mr. X, A, and B continued when he turned around, he saw Mrs. V cocking a rifle which has pointed at him. Fearing
with the plan and abducted Ms. Y by forcefully taking her to a deserted house away for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her.
from the city. There, Mr. X restrained Ms. Y's arms, while A held her legs apart. B stood Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R's deeds were
as a lookout. Mr. X was then able to have carnal knowledge of Ms. Y, who was resisting discovered on the very same night as he was seen by law enforcement authorities
throughout the entire ordeal. fleeing the crime scene.

Consequently, Mr. X was charged with the crime of Forcible Abduction under the (a) What crime/s did Mr. R commit under the Revised Penal Code? Explain
Revised Penal Code. (2.5%)

(a) Is the charge against Mr. X proper? Explain. (3%) (b) Based on your answer in question (a), within what period should the
prosecution file the criminal charge against Mr. R in order to avoid
(b) Assuming that A, B, and C are also charged, may they be held criminally prescription? Explain (2%)
liable together with Mr. X? Explain. (2%)
(c) May Mr. R validly invoke the justifying circumstances of self-defense?
A.3. Explain (2.5%)

Mr. O, a 75-year old retiree who has been a widower for the last ten (10) years, A.5.
believed that, at past 70, he is licensed to engage in voyeurism to satisfy his lustful
desires. If not peeping into his neighbors' room through his powerful single-cylinder In August 2018, B entered into a contract with S for the purchase of the latter's second-
telescope, he would trail young, shapely girls along the hallways and corridors of hand car in the amount of ₱400,000.00 payable in two (2) equal monthly installments.
shopping malls, While going up the escalator, he stayed a step behind a mini-skirted, Simultaneously with the signing of the contract and S's turnover of the car keys, B
20-year old girl, and in the heat of the moment, put his hand on her left buttock and executed, issued, and delivered two (2) post-dated checks, all payable to S, with the
massaged it. The girl screamed and hollered for help. Mr. O was thus apprehended and assurances that they will be honored on their respective maturity dates.
charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. Mr.
O's counsel, however, claimed that Mr. O should only be charged with the crime of However, all two (2) checks were dishonored for being drawn against insufficient funds.
Unjust Vexation. Consequently, notices therefore were duly issued to and received by B, but this
notwithstanding, no payment arrangements were made by him. Further, upon S's
Is the contention of Mr. O's counsel tenable? Explain (2.5%) investigation, it was uncovered that B's checking account had only ₱50,000.00 when its
was opened in June 2018 and no further deposits were made after that. S also found
A.4. out that B knew fully well of such circumstance at the time he issued the two (2)
checks.
In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On
the night of May 15, 2010, Mr. R proceeded with his plan entered Mrs. V's bedroom by What crime/s should B be charges with and for how many counts? Explain
 (5%) A.8.

A.6. After a successful entrapment operation by the Philippine Drug Enforcement Agency,
Mr. D, a known drug pusher, was arrested on January 15, 2019 for having been
Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous caught in flagrante delicto selling a pack of shabu, a prohibited drug, to the poseur-
transgressions against him, Mr. A planned to bum down Mr. B's rest house. buyer. Consequently, Mr. D was frisked by the arresting officer, and aluminum foils,
plastic lighters, and another plastic sachet of shabu were obtained from him. The items
One night, Mr. A went to the rest house and started pouring gasoline on its walls. were marked immediately upon confiscation, and they were likewise inventoried and
However, just as Mr. A had lit the match for burning, he was discovered by Mr. B's photographed at the place of arrest. Throughout the process, a media representative
caretaker, Ms. C, and was consequently prevented from setting the rest house on fire. was able to witness the conduct of the marking, inventory, and photography of the
Mr. A was then charged with Frustrated Arson. seized items in the presence of Mr. D.

(a) Is the charge of Frustrated Arson proper? Explain. (2%) Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of
Dangerous Drugs. In defense, he lamented that the chain of custody procedure under
(b) Assuming that Mr. A successfully burned down Mr. B's rest house, and as Section 21, Article II of the Comprehensive Dangerous Drugs Act of 2002, as amended,
a result, Ms. C was trapped therein and was subsequently killed in the fire, was not followed because only a media representative was present. In response, the
what crime/s did Mr. A commit? Explain. (3%) prosecution maintained that the said media representative was a very credible reporter
and as such, the presence of any other witness was unnecessary.
A.7.
(a) Was the chain of custody procedure validly complied with in this case? If
Mr. L is a newspaper reporter who writes about news items concerning the judiciary. not, was the deviation from such procedure justified? Explain. (3%)
Mr. L believed that members of the judiciary can be criticized and exposed for the
prohibited acts that they commit by virtue of the public nature of their offices. Upon (b) What is the consequence of an unjustified deviation from the chain of
receiving numerous complaints from private citizens, Mr. L released a scathing custody rule to the criminal case against Mr. D? Explain. (2%)
newspaper expose involving Judge G and his alleged acts constituting graft and
corruption. Consequently, Mr. L was charged with the crime of Libel. A.9.

In response, Mr. L contended that truth is a valid defense in Libel and in this relation, X and Y approached Mayor Z and requested him to solemnize their marriage. On the
claimed that he was only exposing the truth regarding Judge G's misdeeds. Further, Mr. day of the ceremony, X and Y proceeded to Mayor Z's office but he was not there.
L contended that in any event, his expose on Judge G is based on the complaints he Mayor Z's chief of staff, Mr. U, however, represented that he himself can solemnize
received from private citizens, and as such, should be deemed as a mere fair their marriage and just have Mayor Z sign the marriage certificate when the latter
commentary on a matter of public interest. comes back. Consequently, upon X and Y's assent, Mr. U solemnized the marriage,
despite his lack of authority therefor.
(a) Are the contentions of Mr. L tenable? Explain. (3%)
(a) What crime may Mr. U be charged with under the Revised Penal Code
(b) What is the effect on the criminal liability of an accused if he or she (RPC)? Explain. (2.5%)
publishes a libelous article on an online news platform? Explain. (2 %)
(b) Assuming that Mayor Z signed the marriage certificate which stated that
 he solemnized the marriage of X and Y, what crime may Mayor Z be charged nationals, and besides, the alleged crime was committed in an Indonesian-registered
with under the RPC? Explain. (2.5%) vessel.

A.10. (a) Is Ms. M's contention against the application of the RPC against her
tenable? Explain. (3%)
Distinguish Rebellion under the Revised Penal Code and Terrorism under the
Human Security Act of 2007. (2.5%) (b) Assuming that the provisions of the RPC can be applied against Ms. M,
what crime under the RPC should she be charged with? Explain. (2%)

B.12.
- END OF PART I -
In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of
Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II Murder and was consequently sentenced with the penalty of reclusion perpetua for
and the answers therefor should be written in Booklet II. each count. A month after, he was likewise found guilty of five (5) counts of Grave
Threats in a separate criminal proceeding, and hence, meted with the penalty of prision
mayor for each count.

PART II (a) What are the respective durations of the penalties of reclusion
perpetua and prision mayor? (3%)
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
B.20. All answers to these questions should be written in Booklet II. (b) How long will Mr. N serve all his penalties of imprisonment? Explain.
(2.5%)

(c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with
B.11. respect to his convictions for Murder and Grave Threats? Explain. (3%)

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an (d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)
Indonesian-registered commercial vessel. While on board the vessel, which was still
docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. B.13.
Ms. A was seated at the front portion of the cabin and was busy using her laptop, with
no idea whatsoever that Ms. M was likewise onboard the ship. Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical
Injuries, and accordingly, was sentenced to suffer the penalty of imprisonment for an
Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years,
from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's two (2) months, and one (1) day of prision correccional, as maximum. He was also
immediate death. Operatives from the Philippine National Police - Maritime Command ordered to pay the victim actual damages in the amount of ₱50,000.00, with subsidiary
arrested Ms. M for the killing of Ms. A and thereafter, intended to charge her under the imprisonment in case of insolvency.
Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be
applied and enforced against her because both she and the victim are not Filipino
 Was the imposition of subsidiary imprisonment proper? Explain. (3%) Ms. E was charged with the complex crime of Estafa through Falsification of Public
Documents before the trial court. Prior to her arraignment, Ms. E moved for the
B.14. dismissal of the criminal case against her, pointing out that the private offended party
is her biological father, and that such relationship is an absolutory cause under Article
Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This culminated in 332 of the Revised Penal Code (RPC).
Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X
left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X (a) Explain the concept of complex crimes under the RPC. (2%)
immediately went to the police station to confess what he did and told the police
where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help (b) Is Ms. E's contention correct? Explain. (3%)
of timely medical intervention. Mr. X was then charged in court with Frustrated
Homicide, to which he openly confessed his guilt upon arraignment. B.17.

(a) Based on the above-stated facts, what is/are the mitigating One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the
circumstance/s that may be appreciated in favor of Mr. X. Explain. (2%) Labor Arbiter assigned to the illegal dismissal case filed by certain employees against
his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in
(b) Under the Revised Penal Code, Homicide is punished with the penalty exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and
of reclusion temporal. Without applying the Indeterminate Sentence Law, walked away.
what penalty should be imposed against Mr. X assuming that he is found
guilty of the charge of Frustrated Homicide, and that the presence of two (2) (a) What crime did Mr. X commit under the Revised Penal Code (RPC), if any?
ordinary mitigating circumstances have been duly alleged and proven? Explain. (2.5%)
Explain. (3%)
(b) Assuming that Mr. X's offer was instead accepted, should the Labor
B.15. Arbiter be held liable for any crime under the RPC? If so, for what crime? May
the Labor Arbiter also be held liable for violation of the Anti-Graft and
In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal Corrupt Practices Act? Explain. (5%)
Code. After due proceedings, the Regional Trial Court found him guilty beyond
reasonable doubt, and accordingly, sentenced him to suffer the penalty of B.18.
imprisonment for an indeterminate period of six (6) years and one (1) day of prision
mayor, as minimum, to fourteen (14) years and one (1) day, of reclusion temporal, as A typhoon destroyed the houses of many of the inhabitants of Municipality M.
maximum. Thereafter, Mr. P applied for probation. Accordingly, the local government passed an appropriation in the amount of
₱1,000,000.00 to implement a Calamity Assistance Program for the typhoon victims,
(a) May Mr. P be extended the benefits of the Probation Law? Explain. (3%) and the funds therefor were eventually earmarked for the purpose. Upon the orders,
however, of Mayor T of Municipality M, these funds were disbursed for the
(b) In what instance may an accused who appeals a judgment of conviction reconstruction of the municipal hall which was substantially damaged by the typhoon.
still apply for probation? Explain. (3%) According to Mayor T, the reconstruction of the municipal hall was a more pressing
concern than the relief program because the vital functions of the local government
B.16. would be impeded if the said structure would not be immediately fixed.
 What crime did Mayor T commit under the Revised Penal Code? Explain. (2%)

B.19.

Ms. L, dean of a duly recognized private school, caught K, one of her students, PART I
vandalizing one of the school's properties. Ms. L called K's attention and proceeded to
scold him, causing a crowd to gather around them. Embarrassed with the situation, K Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All
attacked Ms. L by repeatedly punching her on the face. Just as K was about to strike answers to these questions should be written in Booklet I.
Ms. L again, J, another student, intervened. K then turned his anger on J and also hit
him repeatedly, causing him physical injuries.

What crime/s did K commit under the Revised Penal Code for his acts against A.1.
Ms. Land J? Explain. (3%)
Define the following terms:
B.20.
(a) Jus cogens (2%)
Mr. S, a businessman and information technology practitioner, claimed to have devised
an innovative business model. He would diligently compile a list of known personalities (b) Principle of double criminality (2%)
and entities in the fields of entertainment, arts, culture, and sports, and acquire
numerous domain names in the internet using the names of these known personalities (c) Act of State doctrine (2%)
and entities for the purpose of selling these registered domain names to said
personalities and entities in the future. (d) Precautionary principle (2%)

Does Mr. S's "innovative business model" expose him to any criminal liability A.2.
under the Cybercrime Prevention Act of 2012? If so, for what crime? Explain.
(2.5%) Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the
rights of the Philippines within the following areas:

(a) Contiguous zone (2%)

(b) Exclusive economic zone (2%)

2019 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW A.3.

The Humanitarian Services Society (HSS), an international non-government

organization, assisted the displaced families of Tribe X who had to flee their home
country in order to escape the systematic persecution conducted against them by their
country’s ruling regime based on their cultural and religious beliefs. Fearing for their
lives, some of these displaced families, with the help of HSS, were able to sail out into a traveling bag, alighted from a bus in front of the restaurant. A transport barker,
the sea on a boat which eventually landed in Palawan. The Philippine Coast Guard serving as a lookout for Officer A, signaled to the latter that X and Y were "suspicious-
intended to push back the boat with 15 passengers. looking."

An affiliate of HSS in the Philippines intervened on behalf these displaced families, As the two were about to enter the restaurant, Officer A stopped them and asked
claiming that they are refugees under international law and hence, should not be about the contents of their bags. Dissatisfied with their response that the bags
expelled from our territory. contained only clothes, Officer A proceeded to search the bags and found packs
of shabu therein. Thus, X and Y were arrested, and the drugs were seized from them.
May the displaced families of Tribe X be considered "refugees" under According to Officer A, a warrantless search was validly made pursuant to the stop and
international law? Explain. (3%) frisk rule; hence, the consequent seizure of the drugs was likewise valid.

A.4. (a) What is the stop and frisk rule? (2.5%)

Mrs. W supplies the Philippine National Police (PNP) with uniforms every year. Last (b) Was the stop and frisk rule validly invoked by Officer A? If not, what is the
month, he and two (2) other officers of the PNP conspired to execute a "ghost effect on the drugs seized as evidence? Explain. (2.5%)
purchase", covered by five (5) checks amounting to ₱200,000.00 each, or a total of
₱1,000,000.00. An investigating committee within the PNP, which was constituted to A.6.
look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous
transaction. Mrs. W accepted the invitation but during the committee hearing, she A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and
stated that she will not answer any question unless she be provided with the assistance Secretary of Energy, respectively, as resource speakers for an inquiry in aid legislation.
of a counsel. The PNP officials denied her request; hence, she no longer participated in Mr. X refused to attend, arguing that the Senate, not its committee, has the power to
the investigation. compel attendance. Meanwhile, Mr. Y attended the committee hearing but upon being
asked about discussions made during a closed-door cabinet meeting, he refused to
(a) What is a custodial investigation? Under the 1987 Constitution, what are answer invoking executive privilege. The committee members insisted that Mr. Y
the rights of a person during custodial investigation? (3%) answer the question pursuant to the right of Congress to information from the
executive branch.
(b) Was the PNP’s denial of Mrs. W’s request violative of her right to counsel
in the proceedings conducted before the PNP? Explain.(2%) (a) Based on his argument, is Mr. X’s non-appearance permissible? Explain.
(2.5%)
A.5.
(b) Is Mr. Y’s refusal to answer based on executive privilege valid? Explain.
At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer A of the (2.5%)
Manila Police District Station received a text message from an unidentified civilian
informer that one Mr. Z would be meeting up later that morning with two (2) potential A.7.
sellers of drugs at a nearby restaurant. As such, Officer A decided to hang around
the said place immediately. The continuing threat to the security of the State in various parts of the country
prompted the National Security Adviser of the President to adopt a "Comprehensive
At about 9:15 A.M., two (2) male passengers. Named A and Y, who were each carrying
National Security Strategy (CNSS)" with the following components: ruling in the case, finding both Mayor X and Y administratively liable. Citing the
Supreme Court’s Decision in Carpio-Morales v. Court of Appeals (G.R. Nos. 217126-27),
Component 1: During a state of emergency, the President, in the exercise of his power which was initially promulgated on November 10, 2015, the Ombudsman rejected their
of general supervision, may delegate to the heads of local government units (LGUs), defense of condonation. With the motions for reconsideration of Mayor X and Y having
through an administrative issuance, the power to call-out the Armed Forces of the been denied by the Ombudsman on March 10, 2016, they elevated thee matter to the
Philippines (AFP) for a more effective and immediate response to the ground situation; Court of Appeals.
and Component 2: In declaring Martial Law, the President, in a preemptive action and
without waiting for the recommendation of the Secretary of National Defense and the (a) Did the Ombudsman err in not giving credence to the defense of
AFP, may rely upon any intelligence information he may have gathered through other condonation as raised by Mayor X? explain. (2%)
sources.
(b) How about Y? Can he validly invoke the condonation doctrine to absolve
Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization him of the charge? Explain. (3%)
raised the constitutionality of the two (2) components of the CNSS before the Supreme
Court. A.9.

(a) Is component 1 of the CNSS constitutional? Explain. (2.5%) The unabated rise of criminality and the reported identification of delinquent children
loitering in the wee hours of the night prompted City Z to implement a curfew
(b) Is component 2 of the CNSS constitutional? Explain. (2.5%) ordinance. Minors unaccompanied or unsupervised on the streets by their parents or
guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers
A.8. subject to certain exclusive exceptions. These exceptions are: 1. minors running lawful
errands, such as buying of medicines, using of telecommunications facilities for
Mayor X and his City Administrator, Y, are political buddies who assumed their emergency purposes and the like; 2. night school students; and 3. Minors working at
respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the entry night.
into a ₱5,000,000.00 loan agreement with ABC Foundation, a non-stock and non-profit
organization in which the two had a long-standing personal involvement. The loan Minors apprehended for violation of the curfew ordinance shall be required to undergo
agreement was duly executed in the same year but was never authorized and approved counseling, accompanied by their parents/guardians.
by the Sangguniang Panlungsod. It was further found that the same constituted a
fraudulent scheme to defraud the City Government. (a) Does the curfew ordinance violative the primary right and duty of parents
to rear their children? Explain. (2.5%)
Meanwhile. Mayor X won another term during the May 2013 Elections and Y continued
on as his City Administrator. A year after, or in May 2014, administrative charges for (b) Does the curfew ordinance infringe any of the minors’ fundamental
grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of rights? Explain. (2.5%)
the service were filed against them before the Office of the Ombudsman. In defense,
Mayor X argued that his subsequent reelection in May 2013 absolved him from any A.10.
administrative liability for any alleged anomalous activity during his first term in office.
An Information for Estafa was filed against the accused, Mr. D. During the course of the
Y raised the same defense of condonation, having been retained by Mayor X as City trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable
Administrator for a second term. On December 10, 2015, the Ombudsman rendered its length of time. Opposing the motion, the prosecution argued that its failure to present
its witnesses was due to circumstances beyond its control. Eventually, the trial court whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal
dismissed the case with finality on the ground that Mr. D’s right to speedy trial was Trial Court of Guagua, Pampanga (MTC).
violated.
(a) What are the term limits for the positions of Atty. G and Atty. M? (1%)
A month after, the same criminal case for Estafa was refilled against Mr. D, prompting
him to file a motion to dismiss invoking his right against double jeopardy. The (b) Does the RTC have jurisdiction over the case filed by Mr. A? Explain. (2%)
prosecution opposed the motion, arguing that the first criminal case for Estafa was
dismissed with the express consent of the accused as it was, in fact, upon his own (c) Does the MTC have jurisdiction over the case filed by Mr. B? Explain. (2%)
motion. Moreover, it was already able to secure the commitments of its witnesses to
appear; hence, it would be prejudicial for the State if the case were to be dismissed B.12.
without trial.
W, the incumbent Congressman of the Province of Albay, decided to run for Governor.
(a) For double jeopardy to attach, what requisites must exist? (2%) He filed his certificate of candidacy (CoC) for Governor without resigning from his post
and continued exercising his duties as Congressman, such as attending plenary sessions
(b) Rule on Mr. D’s present motion. (3%) and committee hearings in the House of Representatives.

One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of
a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC
- END OF PART I- for Governor of Albay.

Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II (a) Is X’s argument correct? Explain. (2.5%)
and the answers therefor should be written in Booklet II.
(b) Assuming that W is instead, an incumbent Undersecretary of the
Department of National Defense, what is the effect of the filing of his CoC for
the position of Governor of Albay to said post? Explain. (2.5%)
PART II
B.13.
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
B.20. All answers to these questions should be written in Booklet II. Who are the impeachable officers under the 1987 Constitution? Briefly
explain the process of impeaching them thereunder. (5%)

B.14.
B.11.
A proposal to change a provision of the 1987 Constitution has been put forth as
Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, follows:
ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly.
Eventually, the losing candidates timely filed election protests. The losing gubernatorial Original Text: "The Philippines is a democratic and republican State.
candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), Sovereignty resides in the people and all government authority emanates from
 them" government officials and employees. (1%)

Proposed text: "The Philippines is a democratic and socialist State. Sovereignty (d) The sole power to declare the existence of state of war. (1%)
resides in the party and all government authority emanates from it."
(e) The power to ratify treaties and international agreements. (1%)
(a) Is this an amendment or revision? Explain. (2.5%)
B.17.
(b) Briefly explain the process to revise the 1987 Constitution. (2.5%)
In 2014, Congress enacted an appropriation law containing a provision that gives
B.15. individual legislators the discretion to determine, post-enactment, how much funds
would go to a specific project or beneficiary which they themselves also determine.
R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of Consequently, disbursements were made in the interim pursuant thereto.
the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-
ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory
constituents, T, assailed R’s assumption of office, arguing that elections should have provision on the grounds that it violates the separation of powers principle.
been conducted to fill in the vacancy following the death of Vice Mayor S.
On the other hand, certain Congressman argued that there was nothing wrong with the
(a) Is T’s contention correct? Explain. (2.5%) provision because, after all, the power to appropriate belongs to Congress.

(b) Assuming that R validly assumed S’s post, at the end of R’s term as Vice (a) Rule on the arguments of the parties. (2.5%)
Mayor, may he run, once more, for the position of Municipal Councilor? Or, is
he prescribed to do so under the Local Government Code? Explain. (2.5%) (b) Assuming that the provision is declared unconstitutional, should the
disbursements made pursuant thereto be returned in light of the doctrine of
B.16. operative fact? Explain. (2.5%)

Under the 1987 Constitution, to whom does each B.18.

duty/power/privilege/prohibition/disqualification apply:
A was appointed by the President as a Commissioner of the Commission on Election
(a) The authority to keep the general accounts of the Government and for (COMELEC) while Congress was not in session. Pending confirmation of his
such period provided by law, preserve the vouchers and other supporting appointment by the Commission on Appointments, A started to perform his official
documents pertaining thereto. (1%) functions in the COMELEC, such as attending en banc sessions, hearing election
protests, signing Resolutions, issuing Orders, and appearing before Congress during
(b) The power to allow small-scale utilization of natural resources by Filipino budget hearings.
citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes, bays, and lagoons. (1%) Atty. B questioned before the Supreme Court the exercise of official functions by A,
stating that his ad interim appointment is not a permanent appointment but a
(c) The authority to provide for the standardization of compensation of temporary one pending confirmation by the Commission on Appointments, and thus,
prohibited under Article IX-C of the 1987 Constitution which states that "[i]n no case
shall any Member [of the COMELEC] be appointed or designated in a temporary or (b) Assuming that H is a dual citizen because his parents are Filipino citizens
acting capacity." and he was born in California, USA, was filing of a CoC sufficient to renounce
his foreign citizenship? Explain. (2.5%)
(a) Is Atty. B’s contention correct? Explain. (2.5%)

(b) If the Commission on Appointments by-passed the confirmation of A, can - END OF PART II -
he still be reappointed by the President? Explain. (2.5%)

B.19.

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of 2019 BAR EXAMINATIONS
Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole REMEDIAL LAW
opponent, Y, filed an election protest before the Commission on Election (COMELEC),
claiming that X should be disqualified to run for said position because he is not a
natural-born citizen. While the case was pending, X was proclaimed by the Provincial
Election Supervisor of Batanes as the duly elected Congressman of the province.

(a) Distinguish between natural-born and naturalized citizen under the 1987
Constitution, (2%)

(b) Is X qualified to run for Congress? Explain. (1%) PART I

(c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All
case and vest the House of Representatives Electoral Tribunal (HRET) answers to these questions should be written in Booklet I.
jurisdiction to hear the case? Explain. (2%)

B.20.
A.1.
H, a naturalized American citizen who later became a dual citizen under Republic Act
No. 9225 (the Citizenship Retention and Re-acquisition Act), decided to run for ABC Homeowners Association, Inc. sued Mr. X before the Regional Trial Court (RTC) for
Congress and thus, filed a certificate of candidacy (CoC). A citizen argued that H is collection of unpaid association dues. Mr. X filed a motion to dismiss solely on the
ineligible for the position because of his status as a dual citizen. H responded that his ground of lack of jurisdiction, asserting that the Housing and Land Use Regulatory
act of filing a CoC amounted to his renunciation of foreign citizenship, rendering him Board has exclusive jurisdiction over disputes among homeowners and their
eligible for the position. associations. The RTC denied Mr. X's motion, maintaining that it has jurisdiction over
the case. This prompted Mr. X to file a petition for certiorari under Rule 65 of the Rules
(a) Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain. of Court before the Supreme Court, alleging grave abuse of discretion on the part of
(2.5%) the RTC in denying his motion to dismiss.
 (a) Is Mr. X's chosen remedy of certiorari and direct recourse to the Supreme Instead of filing an answer, Mr. D moved to dismiss the complaint on the ground of lack
Court proper? Explain. (2.5%) of cause of action. In opposition, Mr. C argued that lack of cause of action is not a
ground for a motion to dismiss as the ground provided under Section 1 (g), Rule 16 of
(b) Assuming that Mr. X's motion was instead granted by the RTC, what is the the Rules of Court is failure to state a cause of action.
proper remedy of ABC Homeowners Association, Inc. to challenge the RTC
ruling? Explain. (2.5%) Distinguish the concepts of lack of cause of action and failure to state a cause
of action. Based on this distinction, is Mr. C's opposition tenable? Explain.
A.2. (5%)

Ms. A filed a complaint for damages against Ms. B, alleging that Ms. B negligently A.4.
caused the demolition of her house's concrete fence, the top half of which fell on the
front portion of Ms. A's car and permanently damaged its engine. In her answer, Ms. B Mrs. E filed a complaint for sum of money against Mr. F in the amount of
denied any personal liability for the damage caused to Ms. A's car, averring that she ₱1,000,000.00 before the Regional Trial Court (RTC). After due proceedings, the RTC
merely acquiesced to the advice of her contractor, XYZ Construction Co., to have the ruled in favor of Mrs. E, and since no appeal was interposed thereto, the ruling became
concrete fence demolished. Thus, damages, if any, should be collected from it. final and executory as evinced by an Entry of Judgment dated July 2, 2012. However,
Mrs. E was unable to immediately move for the execution of said judgment because
Thereafter, Ms. A filed a motion for judgment on the pleadings, alleging that Ms. B's she had a work engagement overseas.
statement in her answer is actually a negative pregnant. Ms. B opposed the motion,
reiterating her defense in her answer which purportedly rendered judgment on the On June 29, 2017, Mrs. E returned to the country and, on the same day, filed a motion
pleadings improper. Ms. B also moved for the dismissal of the case on the ground of for the issuance of a writ of execution before the RTC. On July 7, 2017, the RTC granted
non-joinder of XYZ Construction Co., which she alleged is an indispensable party to the the motion, and consequently, issued a writ of execution in Mrs. E's favor.
case.
Was the RTC's issuance of the writ of execution procedurally infirm? Explain.
(a) Is Ms. A's motion for judgment on the pleadings proper? Explain. (3%) (3%)

(b) Is XYZ Construction Co. an indispensable or a necessary party? Explain. A.5.

(3%)
Mrs. G defaulted in the payment of her loan obligation with Z Bank. As such, Z Bank
(c) Assuming that XYZ Construction Co. is an indispensable party, is its non- extra-judicially foreclosed Mrs. G's mortgaged property and sold it at public auction
joinder a ground for the dismissal of the case? Explain. (3%) where it emerged as the highest bidder. Eventually, a certificate of sale was issued in Z
Bank's favor, and title to the property was later consolidated under the bank's name.
A.3.
Claiming that Z Bank used fraudulent machinations in increasing the interest and
Mr. C sued Mr. D for reconveyance of property and damages, claiming that Mr. D, penalty charges on the loan, thereby making it impossible for her to pay, Mrs. G filed
through fraud and forgery, was able to obtain the title to Lot No. 1234, which was before the Regional Trial Court (RTC) a complaint for cancellation of consolidation of
previously registered in Mr. C's name. The complaint was filed before the Regional Trial ownership over a real property with prayer for the issuance of a writ of preliminary
Court. injunction against Z Bank. Immediately thereafter, the RTC issued an ex parte writ of
preliminary injunction enjoining Z Bank from disposing of the foreclosed property or
taking possession thereof. assail the administrative and criminal aspects of the aforementioned Ombudsman
ruling.
Did the RTC err in issuing the writ of preliminary injunction ex parte? Explain.
(3%) Was the CA's dismissal of Mr. J's petition correct? Explain. (5%)

A.6. A.8.

Mr. H filed a complaint against Mr. I to recover the amount of ₱500,000.00 based on Ms. A filed a petition for a writ of amparo, claiming that she was being threatened by
their contract of services. In his answer, Mr. I admitted that he has yet to pay Mr. H for Mr. B, her ex-boyfriend, with whom she has a child out of wedlock, named C. Ms. A
his services based on their contract but nevertheless, interposed a counterclaim alleged that since she started dating someone else, Mr. B began stalking her, parking
alleging that Mr. H still owed him rental arrearages for the lease of his apartment also his car on the street outside her house, and watching her house until the wee hours of
amounting to ₱500,000.00. the morning. She thus feared for her life.

It has come to Mr. H's attention that Mr. I did not pay any filing fees when he filed his (a) Is Ms. A entitled to a writ of amparo? Explain. (2.5%)
answer. As such, Mr. H moved to dismiss the counterclaim. In response to Mr. H's
motion, Mr. I averred that the non-payment of filing fees was purely based on (b) Assuming that Mr. B took away C without Ms. A's knowledge and consent,
inadvertence and that the said filing fees had already been paid as of date, as evinced what is the proper remedy for Ms. A to immediately recover C's custody?
by the official receipt issued by the clerk of court therefor. Explain. (2.5%)

(a) What is the nature of Mr. l's counterclaim? Is the payment of filing fees A.9.
required for such counterclaim to prosper? Explain. (3%)
Ms. N initiated a special proceeding for the correction of entries in the civil registry
(b) Should Mr. I's counterclaim be dismissed? Explain. (3%) under Rule 108 of the Rules of Court before the Regional Trial Court (RTC), impleading
only the Local Civil Registrar therein. In her petition, Ms. N sought to change the entry
A.7. in her birth certificate with respect to the date of her parents' marriage from "May 22,
1992" to "not married." The Office of the Solicitor General opposed the petition,
As a result of an anonymous complaint, Mr. J, a local public official, was held arguing that Ms. N's parents should have been impleaded in the proceeding. In
administratively liable for Grave Misconduct by the Office of the Ombudsman response, Ms. N argued that this was not necessary since it was an entry in her own
(Ombudsman) in Administrative Case No. 1234. As such, he was imposed the penalty of birth certificate which she intended to change. Hence, it was a matter personal to her,
dismissal from service. The Ombudsman also found probable cause to indict him for and as such, the participation of her parents in the case could be dispensed with.
violation of Section 3 (b) of Republic Act No.3019, or the "Anti-Graft and Corrupt
Practices Act," in Criminal Case No. 4321. Mr. J moved for the reconsideration of the Is Ms. N's position correct? Explain. (3%)
Ombudsman's Joint Decision but was denied.
A.10.
Unperturbed, Mr. J filed a petition for certiorari under Rule 65 of the Rules of Court
before the Court of Appeals (CA), assailing the Ombudsman's Joint Decision in Distinguish the following:
Administrative Case No. 1234 and Criminal Case No. 4321. However, the CA dismissed
the petition outright, holding that such petition constitutes an improper remedy to
 (a) Writ of kalikasan and writ of continuing mandamus (3%) explanation as to why he directly resorted to a petition for annulment of judgment,
when he could have filed a petition for relief from judgment.
(b) Warrant to Search, Seize, and Examine Computer Data (WSSECD) and
Warrant to Examine Computer Data (WECD) (3%) (a) What are the differences between a petition for relief from judgment and
a petition for annulment of judgment in terms of grounds and periods to file?
(3%)

- END OF PART I - (b) Was the CA's dismissal of Mr. Y's petition for annulment of judgment
proper? Explain. (2%)
Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II
and the answers therefor should be written in Booklet II. B.12.

Ms. R received a subpoena ad testificandum from a Regional Trial Court (RTC) directing

her to appear and testify in a case. Despite notice and without any sufficient
PART II justification, Ms. R failed to appear. This prompted the RTC to issue a show-cause order
directing Ms. R to explain, within ten (10) days, why she should not be cited for
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to contempt for her nonappearance despite receipt of the subpoena. Ms. R, however, did
B.20. All answers to these questions should be written in Booklet II. not file her comment. After due hearing with notice to the parties, the RTC cited her in
indirect contempt, and consequently, ordered her arrest.

Ms. R moved to quash the warrant issued for her arrest, claiming that a formal charge
B.11. should have been filed against her, and that the same should have been docketed and
prosecuted as a separate case against her. She thus claimed that since this procedure
Mr. X filed a complaint for sum of money against his old friend, Mr. Y. In order to was not followed, the order citing her in contempt is null and void.
ensure that Mr. Y would not be able to file a responsive pleading and much more,
participate in the case, Mr. X paid off Mr. Y's counsel, Atty. Z, who deliberately let the (a) Is Ms. R's contention tenable? Explain. (3%)
case proceed as such without his client's knowledge.
(b) What is the proper mode of appeal should Ms. R decide to assail her
Eventually, judgment was rendered on March 1, 2016 in Mr. X's favor, a copy of which contempt citation? Will the filing of such appeal automatically result in the
was received by Atty. Z on April 4, 2016. Bothered by his conscience, Atty. Z brought suspension of the execution of judgment? Explain. (2%)
the copy of the decision to Mr.Y on June 1, 2016, thereby surprising the latter and
causing him grief. Meanwhile, the decision became final and executory in due course B.13.
on April 19, 2016.
In a neighborhood bicycle race, Mr. A bumped the bicycle of one of his competitors,
Thereafter, Mr. Y took steps in vindicating his rights, which culminated on August 15, Mr. B, in order to get ahead. This caused the latter to lose control of the bike which hit
2016 when he, as represented by a new counsel, filed a petition for annulment of the concrete pavement and sent Mr. B crashing headfirst into the sidewalk. By the time
judgment before the Court of Appeals (CA) on the ground of extrinsic fraud. The CA the organizers got to him, Mr. B was dead. Law enforcement authorities who witnessed
dismissed the petition on the ground that Mr. Y failed to submit a satisfactory the incident arrested Mr. A without a warrant, and immediately brought him to the
inquest prosecutor for the conduct of an inquest. Thereafter, an Information for B.16.
Homicide was filed by the inquest prosecutor without the conduct of a preliminary
investigation. The next day Mr. A requested for the conduct of a preliminary Mr. W was charged with raping his neighbor's seventeen (17)-year old daughter, AAA.
investigation. When he was arraigned, Mr. W expressed his desire to plead "guilty," provided that his
sentence be substantially reduced. Both AAA's mother and the prosecutor were
(a) Is the inquest prosecutor's filing of the Information without the conduct of amenable to the proposal. Consequently, the judge entered a plea of guilty for Mr. W
preliminary investigation proper? (2.5%) and sentenced him to serve a reduced straight penalty of only ten (10) years of
imprisonment, as agreed upon.
(b) Is Mr. A's request permissible? Explain. (2.5%)
(a) Did the judge properly enter a plea of guilty for Mr. W? Explain. (2%)
B.14.
(b) Assuming that Mr. W was once more charged with the crime of Rape
Mr. P was charged with Plunder before the Sandiganbayan along with several committed against AAA based on the same incident, may Mr. W validly
government officials. Before his arraignment, he filed a petition for bail. This was invoke the defense of double jeopardy through a motion to quash and will
objected to by the prosecution which insisted that he should first be arraigned before such motion prosper? Explain. (3%)
he applies for bail, considering that grant of bail will result in the accused fleeing the
court's jurisdiction. B.17.

(a) When is bail a matter of right before conviction? (2%) In a case for specific performance and damages, plaintiff Q presented photocopies of
the contracts he had executed with defendant R for the purpose of establishing their
(b) Is the objection of the prosecution valid? Explain. (3%) existence. Defendant R's counsel objected to the admission of said photocopies,
invoking the best evidence rule.
B.15.
(a) Should the objection of defendant R's counsel be sustained? Explain. (3%)
In an Information filed before the Regional Trial Court (RTC), Mr. C was charged with
Carnapping for supposedly taking the motorcycle of Mr. O and joyriding with it around (b) Assuming that the best evidence rule applies, under what circumstances
the city. When Mr. C was arraigned, he entered a plea of "not guilty" to the charge. will the photocopies be admissible in evidence? (2%)
After the prosecution rested its case, Mr. C proceeded to file a demurrer to evidence.
The demurrer was denied by the RTC. B.18.

(a) Would Mr. C be allowed to present evidence in his defense after the In a case for Attempted Parricide brought against Mr. M by his wife, Mrs. N, their son,
denial of his demurrer? Explain. (2%) C, was called as a witness for the prosecution. Mr. M's counsel objected, invoking the
filial privilege rule.
(b) Assuming that the demurrer was granted by the RTC and the prosecution's
motion for reconsideration thereto is denied, what is the prosecution's Meanwhile, in a separate case for Serious Physical Injuries also brought against Mr. M,
further procedural recourse? Explain. (3%) but this time by his son, C, Mrs. N was called to testify against Mr. M. Mr. M's counsel
objected, invoking the marital disqualification rule.
 Should the objections of Mr. M's counsel in both cases be sustained? Explain. Explain. (2.5%)
(5%)

B.19. - END OF PART II -

A criminal complaint for Theft was filed against Mr. T by his employer for allegedly
stealing company property. During trial, the prosecutor called Mr. T's former
supervisor, Mr. V, to the stand and attempted to question him on similar incidents also
involving Mr. T with his previous employer. Mr. T's counsel objected to the question,
invoking the rule on res inter alias acta. In response, the prosecutor argued that the
question should be allowed since he was trying to establish Mr. T's habit of stealing
things from the workplace.

(a) Should the objection of Mr. T's counsel be sustained? Explain. (2.5%)

(b) Assuming that the prosecution presents evidence on the bad moral
character of Mr. T, may the same be admitted in the present case? Explain.
(2.5%)

B.20.

AAA, a ten (10)-year old minor, was sleeping inside her room when she was awakened
by her uncle, Mr. G, who was reeking of alcohol and was already on top of her. After
Mr. G succeeded in having carnal knowledge of AAA, the former immediately left the
latter's room. Thereafter, AAA rushed into the room of her mother, MMM, and
spontaneously and frantically reported the incident. Eventually, Mr. G was arrested and
was indicted for the crime of Rape.

During trial, MMM was presented as a witness to testify on what AAA reported to her
and AAA's gestures and disposition at that time. Mr. G's counsel objected to MMM's
testimony on the ground that it is hearsay evidence. The prosecutor countered that the
subject of MMM's testimony may be admitted as an independently relevant statement
and as part of the res gestae.

(a) May MMM's testimony be admitted on the ground that it constitutes an

independently relevant statement? Explain. (2.5%)

(b) May AAA's statement to MMM be admitted on the ground of res gestae?