POLITICAL LAW

I. 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 or revision.
(a) What are the methods of amending the Constitution? Explain briefly
each method. (3%)
(b) Cite at least three provisions of the Constitution that need to be
amended or revised to effect the change from unitary to federal, and briefly
explain why? (3%)

II. A. Under the doctrine of immunity from suit, the State cannot be sued without
its consent. How may the consent be given by the State? Explain your answer.
(3%)
B. The doctrine of immunity from suit in favor of the State extends to public
officials in the 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 answer. (3%)
C. Do government-owned or -controlled corporations also enjoy the immunity of
the State from suit? Explain your answer. (3%)

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 had to be prudent and deliberate in reacting to
State C because of their existing trade treaties.
(a) May State A now unilaterally withdraw from its mutual defense treaty
with State B? Explain your answer. (2.5%)
(b) What is the difference between the principles of pacta sunt
servanda and rebus sic stantibus in international law? (2.5%)
(c) Are the principles of pacta sunt servanda and rebus sic
stantibus relevant in the treaty relations between State A and State B?
What about in the treaty relations between State B and State C? Explain
your answer. (2.5%)

IV. A. What is the pardoning power of the President under Art. VIII, Sec. 19 of the
Constitution? Is the exercise of the power absolute? (4%)
B. Distinguish pardon from amnesty. (4%)

V. (a) What is the right of legation, and how is it undertaken between states?
Explain your answer. (2%)
(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%)
VI. A. The President appoints the Vice President as his Administration's Housing
Czar, a position that requires the appointee to sit in the Cabinet. Although the
appointment of the members of the Cabinet requires confirmation by the
Commission on Appointment (CA), the Office of the President does not submit
the appointment to the CA. May the Vice President validly sit in the Cabinet?
(2.5%)
B. The Executive Department has accumulated substantial savings from its
appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the
creation of a new city but has no funds appropriated soon by the Congress for
the purpose, the COMELEC 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.
May the President validly exercise his power under the 1987 Constitution to
transfer 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 the transfer is treated as aid to the COMELEC? Explain
your answer. (4%)

VII. Give the limitations on the power of the Congress to enact the General
Appropriations Act? Explain your answer. (5%)

VIII. A bank acquired a large tract of land as the highest bidder in the foreclosure
sale of the 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 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 public lands in the Philippine Islands, both surveyed and
unsurveyed, are hereby 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 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 the boundary lines of his claim.
The 1935 Constitution expressly prohibited the alienation of natural
resources except agricultural lands. Sec. 2, Art. XII of the 1987 Constitution
contains a similar prohibition, and proclaims that all lands of the public domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. This provision enunciates the Regalian
Doctrine.
May the Government, on the basis of the Regalian Doctrine enunciated in
the constitutional provisions, deny the bank its right as owner to the mineral
resources underneath the surface of its property as recognized under the
Philippine Bill of 1902? Explain your answer. (5%)
IX. A. Ambassador Robert of State Alpha committed a very serious crime while
he headed his foreign mission in the Philippines. Is he subject to arrest by
Philippine authorities? Explain your answer. (3%)
B. 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 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 principles. (4%)
C. The President signs an agreement with his counterpart in another country
involving 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.
Sec. 21, Art. VII of the Constitution provides that no treaty or international
agreement shall be valid and effective without such concurrence.
Is the agreement signed by the President effective despite the lack of
Senate concurrence? Explain your answer. (4%)

X. A. Under the enrolled bill doctrine, the signing of a bill by both the Speaker of
the House of Representatives and the President of the Senate and the
certification by the secretaries of both Houses of Congress that the bill was
passed on a certain date are conclusive on the bill's due enactment. Assuming
there is a conflict between the enrolled bill and the legislative journal, to the effect
that the enrolled bill signed by the Senate President and eventually approved by
the President turned out to be different from what the Senate actually passed as
reflected in the legislative journal.
(a) May the Senate President disregard the enrolled bill doctrine and
consider his signature as invalid and of no effect? (2.5%)
(b) May the President thereafter withdraw his signature? Explain your
answer. (2.5%)
B. Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either
House of Congress shall become a law unless it has passed three readings on
separate days and printed copies of it in its final form have been distributed to the
Members of the House three days before its passage.
Is there an exception to the provision? Explain your answer. (3%)

XI. Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each
of the 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 the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of
the Constitution grants 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."
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 COMELEC's jurisdiction ends. Explain your
answer. (4%)

XII. The Congress establishes by law Philippine Funds, Inc., a private

corporation, to receive foreign donations coming from abroad during national and
local calamities and disasters, and to enable the unhampered and speedy
disbursements of the donations through the mere action of its Board of Directors.
Thereby, delays in the release of the donated funds occasioned by the stringent
rules of procurement would be avoided. Also, the releases would not come under
the jurisdiction of the Commission on Audit (COA).
(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain
your answer. (3%)
(b) Can the Congress pass the law that would exempt the foreign grants
from the jurisdiction of the COA? Explain your answer. (3%)

XIII. Command responsibility pertains to the responsibility of commanders for

crimes committed by subordinate members of the armed forces or other persons
subject to their control in international wars or domestic conflicts. The doctrine
has now found application in civil actions for human rights abuses, and in
proceedings seeking the privilege of the writ of amparo.
(a) What are the elements to be established in order to hold the superior or
commander liable under the doctrine of command responsibility? (4%)
(b) May the doctrine of command responsibility apply to the President for
the 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 fund, and would also erect a modest house of worship in the locality
in an area of the latter's choice.
Does the President thereby violate any provisions of the Constitution?
Explain your answer. (3%)

XV. A. According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy
fiscal autonomy. What does the term fiscal autonomy signify? Explain your
answer. (3%)
B. May a complaint for disbarment against the Ombudsman prosper during her
incumbency? Explain your answer. (3%)
C. 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 constitutes initiation of impeachment proceedings under the provision?
(3%)
-NOTHING FOLLOWS-
CIVIL LAW
I. State whether the following marital unions are valid, void, or voidable, and give
the corresponding justifications for your answer:
(a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior
to the marriage. (2%)
(b) Carlos' marriage to Dina which took place after Dina had poisoned her
previous husband Edu in order to free herself from any impediment in order
to live with Carlos. (2%)
(c) Eli and Fely's marriage solemnized seven years after the disappearance
of Chona, Eli's previous spouse, after the plane she had boarded crashed
in the West Philippine Sea. (2%)
(d) David who married Lina immediately the day after obtaining a judicial
decree annulling his prior marriage to Elisa. (2%)
(e) Marriage of Zoren and Carmina who did not secure a marriage license
prior to their wedding, but lived together as husband and wife for 10 years
without any legal impediment to marry. (2%)

II. In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in
Mindoro. 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, and the one cultivated by Rigor as no longer intended
for public use or public service.
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%)
(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, exclusive and notorious possession and occupation of
alienable and disposable 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 assertion of the right of ownership on
prescription under the Civil Code? Explain your answer. (4%)
(c) Does Rigor have legal basis for his application for judicial confirmation
of imperfect title based on prescription as defined by the Civil Code given
that, 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 timber land until the declaration in 1991? Explain your answer.
(4%)
III. Josef owns a piece of land in Pampanga. The National Housing Authority
(NHA) sought 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 same at the authorized depository bank and filed a
motion for the issuance of a writ of possession with the trial court. Unfortunately,
there was delay in the resolution of the motion. Meanwhile, the amount deposited
earned interest.
When Josef sought the release of the amount deposited, NHA argued that Josef
should only be entitled to P50 million.
Who owns the interest earned? (3%)

IV.
(a) Distinguish antichresis from usufruct? (3%)
(b) Distinguish commodatum from mutuum. (3%)

V. Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously
entered and 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 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 property. Liz did not vacate despite the
demand.
Jacob comes to enlist your legal assistance to bring an action against Liz to
recover the possession of the property.
What remedies are available to Jacob to recover possession of his property
under the circumstances? Explain your answer. (4%)

VI. Tyler owns a lot that is enclosed by the lots of Riley to the North and East, of
Dylan to the South, and of Reece to the West. The current route to the public
highway is a kilometer's walk through the northern lot of Riley, but the route is a
rough road that gets muddy during the rainy season, and is inconvenient
because it is only 2.5 meters wide. Tyler's nearest access to the public highway
would be through the southern lot of Dylan.
May Dylan be legally required to afford to Tyler a right of way through his
property? Explain your answer. (4%)

VII. Alice agreed to sell a parcel of land with an area of 500 square meters
registered in her 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:
I, Bernadette, agree to buy the lot owned by Alice covered by TCT No.
12345 for the amount of ₱900,000.00 subject to the following schedule of
payment:
Upon signing of agreement – ₱100,000.00
 November 15, 2015 – ₱200,000.00
December 15, 2015 - ₱200,000.00
January 15, 2016 - ₱200,000.00
February 15, 2016 - ₱200,000.00
Title to the property shall be transferred upon full payment of ₱900,000.00
on or before February 15, 2016.
After making the initial payment of ₱100,000.00 on October 15, 2015, and
the second instalment of ₱200,000.00 on November 15, 2015, Bernadette
defaulted despite repeated demands from Alice.
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 annotation of her adverse claim upon TCT No. 12345 on December
19, 2016. Later on, Bernadette discovered that Alice had sold the property to
Chona on February 5, 2016, and that TCT No. 12345 had been cancelled and
another one issued (TCT No. 67891) in favor of Chona as the new owner.
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 of sale with Alice; and that because Alice had engaged in
double sale, TCT No. 67891 should be cancelled and another title be issued in
Bernadette's favor.
(a) Did Alice and Bernadette enter into a contract of sale of the lot covered
by TCT No. 12345? Explain your answer. (4%)
(b)Did Alice engage in double sale of the property? Explain your answer.
(4%)

VIII. 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 was located. He had already ₱3,000,000.00 savings from his long
stint in Saudi Arabia.
Eagerly awaiting Pedro's arrival at the NAIA were his aging parents Modesto and
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 his overexcitement just as the plane was about to land, and
died without seeing any of them.
The farmland and the savings were all the properties he left.
(a) State who are Pedro's legal heirs, and the shares of each legal heir to
the estate? Explain your answer. (4%)
(b) Assuming that Pedro's will is discovered soon after his funeral. In the
will, he disposed of half of his estate in favor of Veneranda, and the other
half in favor of his children and his parents in equal shares. Assuming also
that the will is admitted to probate by the proper court. Are the testamentary
dispositions valid and effective under the law on succession? Explain your
answer. (4%)
IX. 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 Elsa's consent a parcel of land registered in his name that he had
purchased prior to the marriage. Danny used the proceeds of the sale to pay for
his children's tuition fees.
Is the sale valid, void or voidable? Explain your answer. (3%)

X. Briefly explain whether the following contracts are valid, rescissible,

unenforceable, or void:
(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%)
(b) A contract of lease of the Philippine Sea entered by and between Mitoy
and Elsa. (2%)
(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar
(2%)
(d) A sale entered by Barri and Garri, both minors, which their parents later
ratified. (2%)
(e) Jenny's sale of her car to Celestine in order to evade attachment by
Jenny's creditors. (2%)

XI. Zeny and Nolan were best friends for a long time already. Zeny borrowed
₱10,000.00 from Nolan, evidenced by a promissory note whereby Zeny promised
to pay the loan "once his means permit." Two months later, they had a quarrel
that broke their long-standing friendship.
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%)

XII. Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City.
Due to severe financial constraints, Krystal was forced to sell the property to RBP
Corporation, a foreign corporation based in South Korea. Subsequently, RBP
Corporation sold the property to Gloria, one of its most valued clients.
Wanting her property back, Krystal, learning of the transfer of the property
from RBP 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 to Gloria was void because RBP Corporation was a foreign
corporation prohibited by the Constitution from acquiring and owning lands in the
Philippines.
Will Krystal's suit for annulment of sale and reconveyance prosper? Explain your
answer. (4%)

XIII. TRUE or FALSE - Explain your answers.

(a) All rights are considered as property. (2%)
(b) A lessee cannot bring a case for quieting of title respecting the property
that he leases. (2%)
 (c) Only the city or municipal mayor can file a civil action to abate a public
nuisance. (2%)
(d) Possession of a movable property is lost when the location of the said
movable is unknown to the owner. (2%)
(e) Continuous non-apparent easements can be acquired either through
title or by prescription. (2%)

XIV. Plutarco owned land that borders on a river. After several years, the action
of the water of the river caused the deposit of soil, and increased the area of
Plutarco's property by 200 square meters.
(a) If Plutarco wants to own the increase in area, what will be his legal
basis for doing so? Explain your answer. (2%)
(b) On the other hand, if the river dries up, may Plutarco validly claim a
right of ownership of the dried-up river bed? Explain your answer. (2%)

XV. Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin
requested his girlfriend Rosella to execute a document entitled "Continuing
Guaranty Agreement" whereby she expressly agreed to be solidarily liable for the
obligation of Kevin.
Can ABC Bank proceed directly against Rosella upon Kevin's default even
without proceeding against Kevin first? Explain your answer. (3%)
XVI. Jovencio operated a school bus to ferry his two sons and five of their
schoolmates from 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 because he was running late, and drove across an
unmanned railway crossing. At the 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 warn Porfirio, but the latter
did not hear the horn because of the loud music. The train 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 Jovencio's
younger son.
The parents of the fatality sued Jovencio for damages based on culpa
contractual alleging that Jovencio was a common carrier; Porfirio for being
negligent; and the PNR for damages based on culpa aquiliana.
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 had no history of negligence or recklessness before the fatal accident.
(a) Did his operation of the school bus service for a limited clientele render
Jovencio a common carrier? Explain your answer. (3%)
(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 your answer. (3%)
 (c) Assuming that the fatality was a minor of only 15 years of age who had
no 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 the legal and factual justifications for the award of loss of
earning capacity? Explain your answer. (4%)

REMEDIAL LAW
I. What trial court outside Metro Manila has exclusive original jurisdiction over the
following cases? Explain briefly your answers.
(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 former ignored the last demand to vacate that was duly served upon
and received by him on July 6, 2016. (2.5%)
(b) A complaint in which the principal relief sought is the enforcement of a seller's
contractual right to repurchase a lot with an assessed value of ₱15,000.00.
(2.5%)

II. Santa filed against Era in the RTC of Quezon City an action for specific
performance praying for the delivery of a parcel of land subject of their contract of
sale. Unknown to 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 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.
What advice would you give to Era? Explain your answer. (4%)

III. Answer the following briefly:

(a) What elements should concur for circumstantial evidence to be
sufficient for conviction? (2%)
(b) When is bail a matter of judicial discretion? (2%)
(c) Give at least two instances when a peace officer or a private person
may make a valid warrantless arrest. (2%)
(d) What is a tender of excluded evidence? (2%)

IV. Give brief answers to the following:

(a) What is the doctrine of hierarchy of courts? (2%)
(b) What is the Harmless Error Rule in relation to appeals? (2%)
(c) When does a public prosecutor conduct an inquest instead of a
preliminary investigation? (2%)

V. After working for 25 years in the Middle East, Evan returned to the Philippines
to retire 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 return, he learned that his house and lot were the subject of
foreclosure proceedings commenced by ABC Bank on the basis of a promissory
note and a deed of real estate mortgage he had allegedly executed in favor of
ABC Bank five years earlier.
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 Manila praying that the subject documents be declared null and
void.
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 exclusive venue in the event of litigation between the parties arising out of
the loan and mortgage.
Should the motion to dismiss of ABC Bank be granted? Explain your
answer. (5%)

VI. Hanna, a resident of Manila, filed a complaint for the partition of a large tract
of land 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 residents of Australia.
Arguing that there could be no final determination of the case without
impleading all indispensable parties, John and Adrian moved to dismiss the
complaint.
Does the trial court have a reason to deny the motion? Explain your
answer. (4%)

VII. Elise obtained a loan of ₱3 Million from Merchant Bank. Aside from executing
a promissory note in favor of Merchant Bank, she executed a deed of real estate
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 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 Elise based on the same promissory note previously executed
by the latter.
In opposing the motion of Elise to dismiss the second action on the ground
of splitting of a single cause of action, Merchant Bank argued that the ground
relied upon by Elise was devoid of any legal basis considering that the two
actions were based on separate contracts, namely, the contract of loan
evidenced by the promissory note, and the deed of real estate mortgage.
Is there a splitting of a single cause of action? Explain your answer. (4%)

VIII. A. 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 unlawful detainer against Laura who failed to answer the
complaint within the reglementary period.
 Louie then filed a motion to declare Laura in default. Should the motion be
granted? Explain your answer. (3%)
B. Agatha filed a complaint against Yana in the RTC in Makati City to collect
₱350,000.00, an amount representing the unpaid balance on the price of the car
Yana had bought from Agatha. Realizing a jurisdictional error in filing the
complaint in the RTC, Agatha filed a notice of dismissal before she was served
with the answer of Yana. The RTC issued an order confirming the dismissal.
Three months later, Agatha filed another complaint against Yana based on
the same 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 notice of dismissal prior to the service of the answer of Yana.
Hence, the case was dismissed by the MeTC.
A month later, Agatha refiled the complaint against Yana in the same
MeTC.
May Yana successfully invoke the Two-Dismissal Rule to bar Agatha's third
complaint? Explain your answer. (3%)

IX. Abraham filed a complaint for damages in the amount of ₱750,000.00 against
Salvador 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 arising from the allegedly baseless and malicious
claims of Abraham that compelled him to litigate and to engage the services of
counsel, and thus caused him to suffer mental anguish.
Noting that the amount of the counterclaim was below the exclusive original
jurisdiction of the RTC, Abraham filed a motion to dismiss vis-8-vis the
counterclaim on that ground.
Should the counterclaim of Salvador be dismissed? Explain your answer. (4%)

X. On the basis of an alleged promissory note executed by Harold in favor of

Ramon, the 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 note. During the trial, Harold sought to offer the
testimonies of the following: (1) the testimony of an NBI handwriting expert to
prove the forgery of his signature; and (2) the testimony of a credible witness to
prove that if ever Harold had executed the note in favor of Ramon, the same was
not supported by a consideration.
May Ramon validly object to the proposed testimonies? Give a brief
explanation of your answer. (5%)

XI. A. 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 of town and would not be back until after a couple of days, the sheriff
requested the 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.
(a) Was there a valid service of summons upon Buboy? Explain your
answer briefly. (3%)
(b) If Buboy files a motion to dismiss the complaint based on the twin
grounds of lack of jurisdiction over his person and prescription of the cause
of action, may he be deemed to have voluntarily submitted himself to the
jurisdiction of the court? Explain your answer briefly (3%).
B. 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.
(1.5%)
(b) The judgment or final order of the RTC in the exercise of its appellate
jurisdiction. (1.5%)

XII. A. Judgment was rendered against defendant Jaypee in an action for

unlawful detainer. The judgment ordered Jaypee to vacate and to pay attorney's
fees in favor of Bart, the plaintiff.
To prevent the immediate execution of the judgment, would you advise the
posting of a supersedeas bond as counsel for Jaypee? Explain your answer
briefly? (2%).
B. 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.
On October 9, 2017, upon application of Regan, the trial court, allegedly in
the interest of justice, extended the TRO for another 20 days based on the same
ground for which the TRO was issued.
On October 15, 2017, Jeff entered the land subject of the TRO.
May Jeff be liable for contempt of court? Why? (4%)

XIII. Police officers arrested Mr. Druggie in a buy-bust operation and confiscated
from him 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.
At the trial of Mr. Druggie for violation of R.A. No. 9165 (Comprehensive
Dangerous Drug Act of 2002), the Prosecution offered in evidence, among
others, photocopies of the confiscated marked genuine peso bills. The
photocopies were offered to prove that Mr. Druggie had engaged at the time of
his arrest in the illegal selling of dangerous drugs.
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.
Should the trial judge sustain the objection of the defense counsel? Briefly
explain your answer (5%)
XIV. 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 shot him. Venancio added that it was also Arnulfo who had shot
Vicente, the man whose cadaver was lying on the bed beside him.
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%)

XV. In an attempt to discredit and impeach a Prosecution witness in a homicide

case, the defense counsel called to the stand a person who had been the
boyhood friend and 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 Court about the general reputation of the
prosecution witness in your community for aggressiveness and
violent tendencies?"
Would you, as the trial prosecutor, interpose your objection to the question
of the defense counsel? Explain your answer. (4%)

XVI. 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 the Ombudsman for violation of the Anti-Graft and
Corrupt Practices Act (R.A. No. 3019) under a conspiracy theory.
While the charges were undergoing investigation in the Office of the
Ombudsman, Engr. Magna Nakaw passed away. Mr. Pork Chop immediately
filed a motion to terminate the investigation and to dismiss the charges against
him, arguing that because he was charged in conspiracy with the deceased,
there was no longer a conspiracy to speak of and, consequently, any legal
ground to hold him for trial had been extinguished.
Rule on the motion to terminate filed by Mr. Pork Chop, with brief reasons.
(5%).

XVII. Juancho entered a plea of guilty when he was arraigned under an

information for 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 establish complete self-defense.
Convinced by the evidence adduced by Juancho, the trial court rendered a
verdict of acquittal.
May the Prosecution assail the acquittal without infringing the constitutional
guarantee against double jeopardy in favor of Juancho? Explain your answer.
(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. He insisted that the basis of the separate civil action was the very
same act that gave rise to the criminal action.
Rule on Tomas' motion to dismiss, with brief reasons. (5%)

XIX. Boy Maton, a neighborhood tough guy, was arrested by a police officer on
suspicion that he was keeping prohibited drugs in his clutch bag. When Boy
Maton was searched immediately after the arrest, the officer found and
recovered 10 sachets of shabu neatly tucked in the inner linings of the clutch
bag. At the time of his arrest, Boy Maton was watching a basketball game being
played in the town plaza, and he was 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.
During the trial, Boy Maton moved for the dismissal of the information on
the ground 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 illegal arrest, hence, the fruit of the poisonous tree.
The trial court, in denying the motions of Boy Maton, explained that at the
time the 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 Maton, as the accused, should have assailed the validity
of the arrest before entering his plea to the information. Hence, the trial court
opined that any adverse consequence of the alleged illegal arrest had also been
equally waived.
Comment on the ruling of the trial court. (5%)
-NOTHING FOLLOWS-

LABOR LAW
I. A. What are the accepted tests to determine the existence of an employer-
employee relationship? (5%)
B. Applying the tests to determine the existence of an employer-employee
relationship, is a jeepney driver operating under the boundary system an
employee of his jeepney operator or a mere lessee of the jeepney? Explain your
answer. (3%)

II. Procopio was dismissed from employment for stealing his co-employee Raul's
watch. Procopio filed a complaint for illegal dismissal. The Labor Arbiter ruled in
Procopio's favor on the ground that Raul's testimony was doubtful, and,
therefore, the doubt should be resolved in favor of Procopio. On appeal, the
NLRC reversed the ruling because Article 4 of the Labor Code - which states that
all doubts in the interpretation and implementation of the provisions of the Labor
Code, including the implementing rules and regulations, shall be resolved in favor
of labor - applied only when the doubt involved the "implementation and
interpretation" of the Labor Code; hence, the doubt, which involved the
application of the rules on evidence, not the Labor Code, could not necessarily
be resolved in favor of Procopio. Was the reversal correct? Explain your answer.
(3%)

III. A. Andrew Manning Agency (AMA) recruited Feliciano for employment by

lnvictus Shipping, its foreign principal. Meantime, AMA and lnvictus Shipping
terminated their agency agreement. Upon his repatriation following his premature
termination, Feliciano claimed from AMA and lnvictus Shipping the payment of
his salaries and benefits for the unserved portion of the contract. AMA denied
liability on the ground that it no longer had an agency agreement with lnvictus
Shipping. Is AMA correct? Explain your answer. (3%)
B. As a rule, direct hiring of migrant workers is not allowed. What are the
exceptions? Explain your answer. (2.5%)
C. Phil, a resident alien, sought employment in the Philippines. The employer,
noticing that Phil was a foreigner, demanded that he first secures an employment
permit from the DOLE. Is the employer correct? Explain your answer. (2.5%)

IV. The Regional Tripartite Wages and Productivity Board (RTWPB) for Region 3
issued a wage order on November 2, 2017 fixing the minimum wages for all
industries throughout Region 3.
(a) Is the wage order subject to the approval of the National Wages and
Productivity Commission before it takes effect? (2%)
(b) The law mandates that no petition for wage increase shall be
entertained within a period of 12 months from the effectivity of the wage
order. Under what circumstances may the Kilusang Walang Takot, a
federation of labor organizations that publicly and openly assails the wage
order as blatantly unjust, initiate the review of the wage increases under the
wage order without waiting for the end of the 12-month period? Explain
your answer. (3%)

V. A. Percival was a mechanic of Pacific Airlines. He enjoyed a meal break of

one hour. However, during meal breaks, he was required to be on stand-by for
emergency work. During emergencies, he was made to forego his meals or to
hurry up eating. He demanded payment of overtime for work done during his
meal periods. Is Percival correct? Explain your answer. (3%)
B. Distinguish a learner from an apprentice. (4%)
C. Are there differences between a househelper and a homeworker? Explain
your answer. (4%)

VI. A. One of Pacific Airline's policies was to hire only single applicants as flight
attendants, and considered as automatically resigned the flight attendants at the
moment they got married. Is the policy valid? Explain your answer. (2.5%)
B. Tarcisio was employed as operations manager and received a monthly salary
of ₱25,000.00 through his payroll account with DB Bank. He obtained a loan from
Roberto to purchase a car. Tarcisio failed to pay Roberto when the loan fell due.
Roberto sued to collect, and moved to garnish Tarcisio's payroll account. The
latter vigorously objected and argued that salaries were exempt from
garnishment. Is Tarcisio correct? Explain your answer. (3%)

VII. Dr. Crisostomo entered into a retainer agreement with AB Hotel and Resort
whereby he would provide medical services to the guests and employees of AB
Hoteland Resort, which, in turn, would provide the clinic premises and medical
supplies. He received a monthly retainer fee of ₱60,000.00, plus a 70% share in
the service charges from AB Hotel and Resort's guests availing themselves of
the clinic's services. The clinic employed nurses and allied staff, whose salaries,
SSS contributions and other benefits he undertook to pay. AB Hotel and Resort
issued directives giving instructions to him on the replenishment of emergency
kits and forbidding the clinic staff from receiving cash payments from the guests.
In time, the nurses and the clinic staff claimed entitlement to rights as
regular employees of AB Hoteland Resort, but the latter refused on the ground
that Dr. Crisostomo, who was their employer, was an independent contractor.
Rule, with reasons. (4%)

VIII. Marciano was hired as Chief Engineer on board the vessel MN Australia. His
contract of employment was for nine months. After nine months, he was re-hired.
He was hired a third time after another nine months. He now claims entitlement
to the benefits of a regular employee based on his having performed tasks
usually necessary and desirable to the employer's business for a continuous
period of more than one year. Is Marciano's claim tenable? Explain your answer.
(3%)

IX. Section 255 (245) of the Labor Code recognizes three categories of
employees, namely: managerial, supervisory, and rank-and-file.
(a) Give the characteristics of each category of employees, and state
whether the employees in each category may organize and form unions.
Explain your answer. (5%)
(b) May confidential employees who assist managerial employees, and
who act in a confidential capacity or have access to confidential matters
being handled by persons exercising managerial functions in the field of
labor relations form, or assist, or join labor unions? Explain your answer.
(2.5%)

X. A. The labor sector has been loudly agitating for the end of labor-only
contracting, as distinguished from job contracting. Explain these two kinds of
labor contracting, and give the effect of a finding that one is a labor-only
contractor. Explain your answers. (4%)
B. What are the grounds for validly terminating the services of an employee
based on a just cause? (5%)
C. Give the procedure to be observed for validly terminating the services of an
employee based on a just cause? (4%)

XI. A. The modes of determining the exclusive bargaining agent of the

employees in a business are: (a) voluntary recognition; (b) certification election;
and (c) consent election. Explain how they differ from one another. (4%)
B. Marcel was the Vice President for Finance and Administration and a member
of the Board of Directors of Mercedes Corporation. He brought a complaint for
illegal suspension and illegal dismissal against Mercedes Corporation, which
moved to dismiss the complaint on the ground that the complaint pertained to the
jurisdiction of the RTC due to the controversy being intracorporate based on his
positions in the corporation. Marcel countered that he had only been removed as
Vice President for Finance and Administration, not as a member of the Board of
Directors. He also argued that his position was not listed as among the corporate
offices in Mercedes Corporation's by-laws. Is the argument of Marcel correct?
Explain your answer. (2.5%)
C. State the jurisdiction of the Voluntary Arbitrator, or Panel of Voluntary
Arbitrators in labor disputes? (4%)

XII.
A. Juanito initiated a case for illegal dismissal against Mandarin Company. The
Labor Arbiter decided in his favor, and ordered his immediate reinstatement with
full backwages and without loss of seniority and other benefits. Mandarin
Company did not like to allow him back in its premises to prevent him from
influencing his co-workers to move against the interest of the company; hence, it
directed his payroll reinstatement and paid his full backwages and other benefits
even as it appealed to the NLRC.
A few months later, the NLRC reversed the ruling of the Labor Arbiter and
declared that Juanito's dismissal was valid. The reversal ultimately became final.
May Mandarin Company recover the backwages and other benefits paid to
Juanito pursuant to the decision of the Labor Arbiter in view of the reversal by the
NLRC? Rule, with reasons. (2.5%)
B. Gene is a married regular employee of Matibay Corporation. The employees
and Matibay Corporation had an existing CBA that provided for funeral or
bereavement aid of ₱15,000.00 in case of the death of a legal dependent of a
regular employee. His widowed mother, who had been living with him and his
family for many years, died; hence, he claimed the funeral aid. Matibay
Corporation denied the claim on the basis that she had not been his legal
dependent as the term legal dependent was defined by the Social Security Law.
(a) Who may be the legal dependents of Gene under the Social Security
Law? (2.5%)
 (b) Is Gene entitled to the funeral aid for the death of his widowed mother?
Explain your answer. (2%)
C. Rosa was granted vacation leave by her employer to spend three weeks in
Africa with her family. Prior to her departure, the General Manager of the
company requested her to visit the plant of a client of the company in Zimbabwe
in order to derive best manufacturing practices useful to the company. She
accepted the request because the errand would be important to the company
and Zimbabwe was anyway in her itinerary. It appears that she contracted a
serious disease during the trip. Upon her return, she filed a claim for
compensation, insisting that she had contracted the disease while serving the
interest of her employer.
Under the Labor Code, the sickness or death of an employee, to be
compensable, must have resulted from an illness either definitely accepted as an
occupational disease by the Employees' Compensation Commission, or caused
by employment subject to proof that the risk of contracting the same is increased
by working conditions.
Is the serious disease Rosa contracted during her trip to Africa
compensable? Explain your answer. (2.5%)

XIII. A. Given that the liability for an illegal strike is individual, not collective, state
when the participating union officers and members may be terminated from
employment because of the illegal strike. Explain your answer. (4%)
B. A sympathetic strike is stoppage of work to make common cause with other
strikers in another establishment or business. Is the sympathetic strike valid?
Explain your answer. (1%)
C. Due to business recession, Ballistic Company retrenched a part of its
workforce. Opposing the retrenchment, some of the affected employees staged a
strike. Eventually, the retrenchment was found to be justified, and the strike was
declared illegal; hence, the leaders of the strike, including the retrenched
employees, were declared to have lost their employment status.
Are the striking retrenched employees still entitled to separation pay under
Sec. 298 (283) of the Labor Code despite the illegality of their strike? Explain
your answer. (2%)

XIV. Pursuant to his power under Sec. 278(g) (263(g)) of the Labor Code, the
Secretary of Labor assumed jurisdiction over the 3-day old strike in Armor Steel
Plates, Inc., one of the country's bigger manufacturers of steel plates, and
ordered all the striking employees to return to work. The striking employees
ignored the order to return to work.
(a) What conditions may justify the Secretary of Labor to assume
jurisdiction? (2.5%)
(b) What are the consequences of the assumption of jurisdiction by the
Secretary of Labor, and of the disobedience to the return to work? Explain
your answer. (2.5%)
 -NOTHING FOLLOWS-

CRIMINAL LAW
I. Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with
his father Tony. The child stood on a chair to be able to see the performers on
the stage. Juanito, a 10-year-old boy, who was also watching the concert, could
not see much of the performance on the stage because Tonito was blocking his
line of sight by standing on the chair. Using his elbow, Juanito strongly shoved
Tonito to get a good view of the stage. The shove caused Tonito to fall to the
ground. Seeing this, Tony struck Juanito on the head with his hand and caused
the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito
but the latter's aunt prevented him from doing so. Juanito sustained a lacerated
wound on the head that required medical attendance for 10 days.
Tony was charged with child abuse in violation of Sec. 10(a), in relation to
Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse Law) for allegedly doing an "act
by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a 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.
(a) Distinguish crimes mala in se from crimes mala prohibita. (3%)
(b) Was Tony criminally liable for child abuse under R.A. No. 7610? Explain
your answer. (3%)

II. Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her
clothing while they were secretly together in her bedroom late one evening.
Failing to get a positive response from her, he forcibly undressed her.
Apprehensive about rousing the 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 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 naked. He did not
notice in his hurry that Amante, the father of Amethyst, who was then sitting
alone on a sofa in the sala, saw him leave his daughter's room naked.
Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's
former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan
fatally stabbed Allesso. Aliswan immediately went into hiding afterwards.
Upon learning from Amethyst about what Aliswan had done to her, an
enraged Amante wanted to teach Aliswan a lesson he would never forget.
Amante set out the next day to look for Aliswan in his school. There, Amante
found a young man who looked very much like Aliswan. Amante immediately
rushed and knocked the young man unconscious on the pavement, and then
draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG
TULARAN. Everyone else in the school was shocked upon witnessing what had
just transpired, unable to believe that the timid and quiet Alisto, Aliswan's
identical twin brother, had committed rape.
(a) A criminal complaint for attempted rape with homicide was brought
against Aliswan in the Prosecutor's Office. However, after preliminary
investigation, the Investigating Prosecutor recommended the filing of two
separate informations - one for attempted rape and the other
for homicide. Do you agree with the recommendation? Explain your
answer. (3%)
(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 motion correct? Explain your answer. (3%)
(c) After receiving medical attendance for 10 days, Alisto consulted you
about filing the proper criminal complaint against Amante. What crimes, if
any, will you charge Amante with? Explain your answer. (3%)
(d) Answering the criminal complaint filed by Alisto, Amante contended that
he had incurred no criminal liability for lack of criminal intent on his part, his
intended victim being Aliswan, not Alisto. What is this defense of Amante,
and explain if the same will prosper? (3%)

III. Overjoyed by the award to his firm of a multi-billion government contract for
the 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 his firm's winning the award. He gave 50% of that amount to
Governor Datu, the official who had signed the contract with the proper
authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the
Sangguniang Panlalawigan member who had lobbied for the award of the project
in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality
where the project would be implemented. Governor Datu received his share
through his wife, Provincial First Lady Dee, who then deposited the amount in her
personal bank account.
Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an
agreement with Mayor Dolor for the construction of the Blank Sports Arena worth
₱800 Million. The project was highly overpriced because it could be undertaken
and completed for not more than ₱400 Million. For this project, Mayor Dolor
received from Mr. Gangnam a gift of ₱10 Million, while Bokal Diva got ₱25
Million.
In both instances, Bokal Diva had her monetary gifts deposited in the name
of her secretary, Terry, who personally maintained a bank account for Bokal
Diva's share in government projects.
(a) May each of the above-named individuals be held liable
for plunder? Explain your answer. (4%)
(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds
existent herein? Explain your answer. (4%)
 (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 liable therefor? Explain your answer. (4%)
(d) What crimes under the Revised Penal Code, if any, were committed,
specifying the persons liable therefor? Explain your answer. (4%)

IV. Maita was the object of Solito's avid sexual desires. Solito had attempted
many times to entice Maita to a date in bed with him but Maita had consistently
refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one
night. With his cohorts, Solito forced Maita into a Toyota lnnova and drove off
with her to a green-painted house situated in a desolate part of the town. There,
Solito succeeded in having carnal knowledge of Maita against her will.
Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same
night Solito would be selling marijuana outside the green-painted house. Acting
on the tip, the PNP station of the town formed a buy-bust team with PO2
Masahol being designated the poseur buyer. During the buy-bust operation,
Solito opened the trunk 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 prompted PO2 Masahol to effect his
immediate arrest out of fear that he would attack him with the knife. PO2
Masahol then confiscated the bag of marijuana as well as the Toyota lnnova.
(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 drugs, assigned to Branch 29 of the RTC. Was Solito charged with the
proper offenses based on the circumstances? Explain your answer. (5%)
(b) While the Prosecution was presenting its evidence in Branch 29, Branch
8 convicted Solito. Immediately after the judgment of conviction was
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 from his brother, the registered owner. Branch 8 granted the motion
but Branch 29 denied it. Were the two courts correct in their rulings?
Explain your answer. (5%)

V. To aid in the rebuilding and revival of Tacloban City and the surrounding areas
that had been devastated by the strongest typhoon. to hit the country in decades,
the 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 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 received funds from all sources, local and foreign,
including substantial amounts from legislators, local government officials and the
EU. After several months, complaints were heard about the very slow distribution
of relief goods and needed social services by BaWI.
 The COA reported the results of its audit to the effect that at least P10
Million worth of funds coming from public sources channeled to BaWI were not
yet properly accounted for. The COA demanded reimbursement but BaWI did not
respond.
Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman
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 Penal Code. He was also· charged with violation of Sec. 3(e) of R.A.
No. 3019 for causing undue injury to the Government.
In his defense, Mr. Gulang mainly contended that he could not be held 1iable
under the various· charges because he was not a public officer.
(a) Who is a public officer? (2%)
(b) Discuss whether the crimes charged against Mr. Gulang are proper.
Explain your answer. (3%)

VI. Answer with brief explanations the following queries:

(a) If the slightest penetration of the female genitalia consummates rape by
carnal knowledge, how does the accused commit attempted rape by carnal
knowledge? (2%)
(b) What crime is committed by a capataz who enrolls two fictitious names
in the payroll and collects their supposed daily wages every payday? (2%)
(c) What is now the age of doli incapax in the Philippines? (2%)
(d) Why is there no crime of frustrated serious physical injuries? (2%)

VII. Bernardo was enraged by his conviction for robbery by Judge Samsonite
despite 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 every weekend. Thus, he waited for the judge to arrive on
Saturday evening at the house of his mistress. It was about 8:00 p.m. when
Bernardo entered the house of the 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 instantly died.
Prosecuted and tried, Bernardo was convicted of direct assault with
murder. Rule with reasons whether or not the conviction for direct assault with
murder was justified, and 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 was 68 years old; (2) dwelling; (3) nighttime; (4)
cruelty; and (5) quasi-recidivism. (10%)

VIII. Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV
bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking
a nap. Angered by the violent Impact, Aramis alighted and confronted Porthos
who had also alighted. Aramis angrily and repeatedly shouted at Porthos: Putang
Ina mo! Porthos, displaying fearlessness, aggressively shouted back at
Aramis: Wag kang magtapang-tapangan dyan, papatayin kita! Without saying
anything more, Aramis drew his gun from his waist and shot Porthos in the leg.
Porthos' wound was not life threatening.
(a) What are the kinds of unlawful aggression, and which kind was
displayed in this case? Explain your answer. (3%)
(b) Standing trial for frustrated murder, Aramis pleaded self-defense. The
Prosecution's contention was that the plea of self-defense applied only to
consummated killings. Rule, with explanations, on the tenability of Aramis'
claim of self-defense, and on the Prosecution's contention. (3%)
(c) Porthos insisted that the element of treachery was present. To rule out
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
respective contentions. (3%)

IX. During the nationwide transport strike to protest the phase out of old public
utility 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 stop them from plying their routes. They later on
commandeered one of the buses without allowing any of the passengers to
alight, and told the driver to bring the bus to Tanay, Rizal.
Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Sencio
forcibly divested the passengers of their cash and valuables. They ordered the
passengers to leave thereafter. Then, they burned the bus. When a tanod of
the barangay of the area came around to Intervene, Pater fired at him, instantly
killing him.
After Percy, Pablo, Pater and Sencio were arrested, the police authorities
recommended them to be charged with the following crimes, to wit:
(1) carnapping; (2) robbery, (3) direct assault with homicide; (4) kidnapping; and
(5) arson.
State your legal opinion on the recommendation of the police authorities on
the criminal liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)

X. Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake
books. The law prescribes the penalty of prision correccional, a divisible penalty
whose minimum 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 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%)
(b) Supposing the trial judge imposes a straight penalty of imprisonment for
one year, is the penalty correct in the context of the Indeterminate
Sentence Law? Explain your answer. (3%)
XI. In his homily, Fr. Chris loudly denounced the many extrajudicial killings
committed by the men in uniform. Policeman Stone, then attending the mass,
was peeved by the denunciations of Fr. Chris. He immediately approached the
priest during the homily, 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 the priest, who cut short his homily then and
there. The celebration of the mass was disrupted, and the congregation left the
church in disgust over the actuations of Policeman Stone, a co-parishioner.
Policeman Stone was subsequently charged.
The Office of the Provincial Prosecutor is now about to resolve the case,
and is mulling on what to charge Policeman Stone with.
May Policeman Stone be properly charged with either or both of the
following crimes, or, if not, with what proper crime?
(a) Interruption of religious worship as defined and punished under Art. 132
of the Revised Penal Code; and/or
(b) Offending the religious feelings as defined and punished under Art. 133
of the Revised Penal Code.
Explain fully your answers. (8%)
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