CRIMINAL PROCEDURE

MID-TERM EXAMS, FEU

AUG. 9, 2008
1.A. Define criminal jurisdiction of the Courts.
B. Distinguish criminal jurisdiction from venue in criminal cases (10 pts.)
2. Explain Doctrine of Adherence of jurisdiction and illustrate (10 pts.)
3. State the rule on interruption of the period of prescription of the offense (10 pts.)
4.A. What is a crime that cannot be prosecuted de oficio;
B. Is Defamation always a crime that cannot be prosecuted de officio? Explain (15 pts.)
5.A. An accused is charged in one Information for assaulting 3 persons by different acts
while they were asleep. Is the Information duplicitous? Justify.
B. X is charged under a single Information for having killed on the same occasion of
robbery 4 persons. Is the information duplicitous? Justify (10 pts)
6. X is charged with Estafa for failure to remit to Y sums of money collected by him (X)
from Y, and instead, X deposited the money in his personal bank account. X filed a
Motion to Suspend the proceeding pending resolution of the civil case earlier filed by him
in court against Y for accounting and damages, involving the amount subject of the
Estafa case. Is there a prejudicial question? Justify (20 pts.)
7. X was convicted of serious physical injuries inflicted Y. He appealed but during the
pendency of his appeal, he died.
A. What is the effect of Y's death on his criminal liability?
B. What is th effect cf his death on his civil liability based solely on his crminal act?
C. What is the effect of his death on his civil liability based on quasi-delict or tort?
D. What is the effect of his death if in the cnminal case, Y did not make necessary
reservation to file separate civil action for damages?
E. What is the effect of his death if Y reserved his right to file a separate civil action but
had not yet done so when X died?
Explain your answer (25 pts.)

ALTERNATIVE DISPUTE RESOLUTION

I. True of False: Just write down the number, then your answer. Do not include any
reason or argument.
1. Court referred mediation is not legally feasible because, once a case were filed in
court, the
court can only refer the parties to court annexed mediation.
2. Parties to a contract cannot include an ad hoc mediation clause because no viable
default rule was provided by Republic Act No. 9285.
3. Parties to a domestic contract cannot enforce an arbitration clause in their contract
because, to date, the joint legislative oversight committee created by Republic Act No,
9285 has not yet issued the implementing rules and regulations and the Supreme Court
has not yet issued any rule of court in the instances when courts may he involved in
arbitration.
4. The provisions of Republic Act Ng. 9285 allow contracting parties to stipulate that
any dispute arising out of their contract can only be resolved through litigation as the
latter term is understood under the law.
II. Instructions: Briefly explain your answers to the following questions. DO NOT USE
MORE THAN FIVE LINES.
5. A management group disseminated a circular to its members with the following
passages:
" To strongly advocate to our members to state in all contracts a clause specifying that ' in
case of any dispute as a result of this contract, the case shall he referred to mediation,
prior to arbitration or litigation. ' "
If you were counsel for a member company, and assuming that you are favorably
inclined to the use of ADR and arbitration in resolving disputes, would you recommend
the inclusion of the clause? Why?
06. A domestic contract contains the following dispute resolution clause:
Any dispute arising out of this contract shall be referred to arbitration
A dispute arose and a party made a request for arbitration. You are counsel for the
respondent and your client instructed you to try to evade the arbitration clause. How will
you carry out your client's instructions? Explain.

III. Discussions
07 Discuss the concept of party autonomy in resolving private disputes between private
parties.
08. Briefly explain the steps in exercising party autonomy in the resolution of private
disputes?
09. May the exercise of party autonomy in the resolution of disputes help in solving the
problems of the judiciary, particularly the latters docket problem? Explain.
10. Distinguish independent consent from derivative consent. Illustrate by giving an
example.
11. Enumerate the different modes makingup the dispute resolution spectrum. Briefly
discuss at least four of them.
Good luck!

ADMINISTRATIVE LAW, ELECTION LAW, AND LAW ON PUBLIC

CORPORATIONS
MIDTERMS
I.
(a) Which branch of the government do administrative agencies pertain or belong to?
Explain.
(b) Discuss why there is no violation of the principle of separation of powers even though
administrative bodies exercise powers of rule making and adjudication.
II.
La Virgen Milagrosa Inc. (LVMI) is in the business of exporting locally sourced virgin
coconut oil to the United States and Canada. The coconut oil is packaged in cheap plastic
bottle containers imported from China. The Tariff and Customs Code provides that
exporters using foreign materials for their products must export the same within a period
of one year; otherwise they will be subjected to a special import tax. Due to a succession
of typhoons culminating with Typhoon Frank, LVMIs operations were drastically
affected such that it failed to transport its bottled coconut oil to its various clients within
a year after it imported 100,000 plastic bottles from its Chinese supplier. As a result, the
Customs Commissioner imposed a special import tax on LVMI, which the latter paid
under protest with an accompanying petition for the Customs Commissioner to grant
LVMI a grace period of six months on the ground of force majeure. However, the
Customs Commissioner denied the request contending that under the Tariff and Custonis
Code, he did not have the power to extend the one-year period for re-exporting foreign
materials.
Do you agree with the contention of the Customs Commissioner? Why or why not?
III.
Differentiate a government instrumentality from a government-owned or controlled
corporation.
IV.

The Northern Luzon State University (NLSU) received government funding for the
construction of a hybrid rice-breeding laboratory building. Instead of holding a public
bidding for the project NLSU entered into a negotiated contract with E.E. Santos
Construction Co. A group of concerned students and faculty members, calling themselves
TSUNAMI (Tortured Studentry United Against Mismanagement), filed a complaint with
the RTC against the Board of Regents of NLSU, seeking for the rescission of the
negotiated contract and for subjecting the project to a transparent public bidding. The
RTC issued a temporary restraining order; however, the NLSU management filed a
motion to lift the TRO arguing that under PD 1818, courts are prohibited from issuing
temporary restraining orders and/or preliminary injunctions against projects undertaken
by government agencies, including chartered institutions.
If you were the judge in, the case, how would you rule?
V.
(a) What arethe requisites of a valid administrative regulation?
(b) Distinguish legislative and interpretative regulations.
VI.
The National Information Technology Board (NITB) was created to regulate the
activities of private institutions engaged in providing short-term technical courses on
computer programming and other IT subjects. The Board issued a regulation fixing a
standard maximum enrollment fee or rate, based on a per-hour computation, that these
entities are permitted to collect from their students and/or trainees. An organization of
operators of computer schools/internet cafes challenged the said regulation on the ground
that the same was issued without the benefit of prior notice and hearing.
Comment on the legality of the regulation issued by the NITB.
VII.
Discuss the essence of administrative due process and state its cardinal rules.
VIII.

The National Telecommunications Commission (NTC) promulgated a circular

prescribing that in disputes brought for determination before it, only one preliminary
hearing shall be conducted, after which the parties shall be required to submit position
papers, affidavits, and other documentary exhibits to substantiate their respective claims
or arguments. Smartly Global Corporation questioned the legality of said circular on the
following grounds: (a) the NTC is not expressly granted by law to prescribe its own rules
of procedure; and (b) the parties are denied due process because they are deprived of the
opportunity to confront adverse witnesses and to cross-examine them as provided strictly
under the Rules of Court.
Resolve the case.
IX.
Explain the doctrine of exhaustion of administrative remedies and give the exceptions to
the rule.
X.
The provincial government of Palawan entered into a memorandum of agreement, which
is a contract for the operation of a natural gas plant in Coron, Palawan, with the Industrial
Gas Corporation (IGC). However, due to irreconcilable differences, the IGC instituted an
action for rescission of said memorandum of agreement before the RTC of Palawan. The
RTC dismissed the suit contending that under Republic Act 2334, it is explicitly prqvided
that it is the Bureau of Energy Development that has the jurisdiction to decide all
controversies relative to the exploration, exploitation and development of natural gas in
the Philippines.
Is the contention of the RTC correct?

I.
Harold and Kumar are friends. Harold has always been interested in getting a game
console similar to Kumar's limited edition game console. On Harold's 22nd birthday,
Kumar proposed that Harold buy his game console at a very low price of P800.
According to Kumar, the difference of the price shall be his birthday gift to Harold. So,
as suggested, Harold bought Kumar's game console for P800. Later, Kumar's younger
brother Suresh, protested and claimed that the sale was void because the price was
grossly inadequate compared to the game console's actual price of P18,000. Is the sale
valid? Support your answer. (10 pts.)
II.
Bruce Wayne bought the penthouse in the latest condominium project constructed by
Ayala Land in Makati City. For the price of P50 million, Bruce Wayne only gave P10
million. Then, Ayala Land issued an instrument denominated as "Deed of Conditional
Sale." Bruce Wayne immediately occupied the unit and used it as one of his hideaways.
Later, when Ayala Land demanded for the balance of the price, and Bruce Wayne refused
to pay, Ayala Land filed a case for a sum of money against Bruce Wayne.
a. Under the facts, is the sale absolute or conditional? (5 pts.)
b. Distinguish between a conditional contract of sale and a contract to sell? (5 pts.)
III.
The Deed of Sale dated June 10, 2008 between Harry Potter (vendor) and Hermione
Granger (vendee) states that:
For and in consideration of the amount of PhP 200,000.00 paid in hand by the VENDEE
to the VENDOR, the VENDOR does hereby SELL, TRANSFER and CONVEY unto the
said VENDEE, her successors and assigns, a motor vehicle described as:
2003 Chevrolet Optra sedan, with Motor Number 1000456, Chassis Number 763890 and
License Plate Number WQY-543
which the VENDOR is to acquire from his brother on June 20, 2008 and which shall be
delivered by the VENDOR to the VENDEE only on June 30, 2008.
a. Is the sale valid? Explain. (5 pts.)
b. Distinguish between sale of thing expected and a sale of hope. (5 pts.)
IV.

Tony Spark was approached by the spouses Jack and Rose, Canadian nationals, to invest
in "futures." Tony Spark was convinced. As investor, Tony Spark would supposedly be
buying and selling commodities in foreign commodities markets. These commodities
include rice, corn and petrol. At a certain call time, Tony Spark will decide how much he
is willing to bid and if the price turns out to be higher, Tony Spark loses his money. But
if the price turns out to be lower, then the compamy of Spouses Jack and Rose will pay
Tony Spark the difference. Later, the investment failed and Tony Spark wanted to recoup
his money. The Spouses Jack and Rose opposed the claim and said that there was a valid
contract of sale of future goods, under Article 1462 of the Civil Code. How similar or
different is the sale of "futures" to a sale of future goods under Art. 1462 of the Civil
Code? (10 pts.)
V.
Upon learning that Jimmy Olsen was selling his high-tech camera, Clark Kent told
Jimmy Olsen not to sell the camera to anyone until Saturday noon-time. Then, Clark Kent
gave Jimmy Olsen P500. On Saturday, at noon-time, Clark Kent went to Jimmy Olsen
and told the latter that he changed his mind and will no longer buy the camera. Clark
Kent asked for the P500 back. But, Jimmy Olsen refused to return the money. Is the
refusal valid? Why? (10 pts.)
VI.
Carrie Bradshaw is a fan of Jimmy Chu and Manolo Blanik shoes. One weekend, while
looking at an online catalog, she decided to buy five (5) pairs from each brand. She
transacted with the website, paid through her credit card an was issued an electronic
invoice. The shoes were scheduled to be delivered the next day. On the next day,
however, the package was lost and never arrived. When Carrie Bradshaw complained to
the 24-hour customer service hotline, she was told that the risk of loss was on her, that
when she was issued the electronic invoice, she was already the owner of the shoes.
a. Was there a perfected contract of sale? (5 pts.)
b. Is the customer service correct in saying that Carrie Bradshaw bears the risk of loss? (5
pts.)
VII.
Bruce Banner purchased on installment a motorcycle from Hulk Trading. Hulk Trading
required Bruce to execute a chattel mortgage over the motorcycle in favor of Hulk
Trading. The payment term was ten months at P7,500 per month. When Bruce failed to
pay the sixth monthly installment, Hulk Trading sued him for the rescission of the
contract. After six months of court proceedings, Hulk Trading won and the motorcycle
was taken from Bruce Banner. Bruce Banner requested that his payments be returned to
him but Hulk Trading refused the request.

a. May the installment payments be forfeited? Explain your answer. (5 pts.)

b. In case the complaint for rescission was accompanied by a preliminary attachment on
Bruce Banner's cash deposits in the amount of P37,500, and the said cash deposits were
garnished, will this be a violation of the law which provides that a seller cannot avail of
two or more remedies at the same time? Explain. (5 pts.)
VIII.
Diana Prince bought under a Contract to Sell dated July 4, 2006 a subdivision lot in
Filinvest Homes in Antipolo City. The price stipulated was P3 million with
downpayment of P800,000 and the balance of P2,200,000 to be paid in 36 equal monthly
amortizations of P61,112. Diana Prince, however was only able to pay 18 monthly
amortizations. Thus, Filinvest Land, the owner of Filinvest Homes, sent Diana Prince a
letter cancelling the contract to sell. Diana Prince then approached you for advice. What
are her rights as a buyer and how can she protect her rights? (10 pts.)