Académique Documents
Professionnel Documents
Culture Documents
2. The authority that school administrators exercise over school children under their supervision, instruction, or
custody is called
A. legal parental authority.
B. substitute parental authority.
C. ordinary parental authority.
D. special parental authority.
4. Upon the proposal of a third person, a new debtor substituted the original debtor without the latters consent. The
creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation.
What is the effect of the new debtors default upon the original debtor?
A. The original debtor is freed of liability since novation took place and this relieved him of his obligation.
B. The original debtor shall pay or perform the obligation with recourse to the new debtor.
C. The original debtor remains liable since he gave no consent to the substitution.
D. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part.
5. Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to
economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the
discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta Airlines countered
that, since her travel was governed by a contract between them, no quasi-delict could arise. Is the airline correct?
A. No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness,
gross bad faith, and malice.
B. No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act.
C. Yes, since the facts show a breach of contract, not a quasi-delict.
D. Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties.
6. Which of the following is an indispensable requirement in an action for quieting of title involving real property?
The plaintiff must
A. be in actual possession of the property.
B. be the registered owner of the property.
C. have legal or equitable title to the property.
D. be the beneficial owner of the property.
7. X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which
donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before
the wedding, however, Y suddenly died of heart attack. Can Ys heirs get the property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely donated the property to Y who became its owner.
8. Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented
himself as a macho man he was actually gay. He would not go to bed with her. He kept obscene magazines of nude
men and always sought the company of handsome boys. What legal remedy does Lily have?
A. She can file an action for annulment of marriage on ground of fraud.
B. She can seek a declaration of nullity of the marriage based on Renes psychological incapacity.
C. She can go abroad and file for divorce in a country that can grant it.
D. She has none since she had the opportunity to examine the goods and freely entered into the marriage.
9. Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A, B, C, D, and E,
without indicating the share of each donee. All the donees accepted the donation in writing. A, one of the donees,
died. Will B, C, D, and E get As share in the money?
A. Yes, accretion will automatically apply to the joint-donees in equal shares.
B. Yes, since the donors intention is to give the whole of P50 million to the joint- donees in equal shares.
C. No, As share will revert to the donor because accretion applies only if the joint-donees are spouses.
D. No, As share goes to his heirs since the donation did not provide for reversion to donor.
10. Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned,
however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do Ester and Rufus have a
remedy for keeping the land within their family?
A. Yes, they may be subrogated to Raffys right by reimbursing to him within the required time what he paid
Raul.
B. Yes, they may be subrogated to Raffys right provided they buy him out before he registers the sale.
C. No, they can be subrogated to Raffys right only with his conformity.
D. No, since there was no impediment to Raul selling his inheritance to a stranger.
11. When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter
is entitled to recover damages. This is known as the principle of
A. res ipsa loquitur.
B. damnum absque injuria.
C. vicarious liability.
D. abuse of rights.
12. Which of the following is NOT a basis for rendering a disinheritance defective or imperfect?
A. Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died.
B. The truth of its cause is denied and not sufficiently proved by evidence.
13. Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in
Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him.
Can Marianne seek the annulment of the marriage based on Manuels non- disclosure of his previous crime?
A. No, since the assumption is that marriage forgives all past wrongs.
B. Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment.
C. No, in case of doubt, the law must be construed to preserve the institution of marriage.
D. No, since Manuel already served the penalty for his crime.
14. Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome where he acquired
Italian citizenship. He got a divorce from Helen in Rome but, on returning to the Philippines, he realized his
mistake, asked forgiveness of his wife, and resumed living with her. They had 2 more children. What is the status of
their 4 children?
A. The children born before the divorce are legitimate but those born after it are not since Arthur got the
divorce when he had ceased to be a Filipino.
B. The divorce rendered illegitimate the children born before it since the marriage that begot them had been nullified.
C. The children born before and after the divorce are all legitimate since Philippine law does not recognize divorce.
D. All the children are legitimate since they were born of the same father and mother.
16. The liability of the partners, including industrial partners for partnership contracts entered into in its name and for
its account, when all partnership assets have been exhausted is
A. Pro-rata.
B. Joint.
C. Solidary.
D. Voluntary.
17. When can a missing person who left someone to administer his property be declared an absentee by the court?
When he has been missing for
A. 2 years from the receipt of the last news about him.
B. 7 years from the receipt of the last news about him.
C. 10 years from the receipt of the last news about him.
D. 5 years from the receipt of the last news about him.
18. Which of the following claims against the debtor enjoys preference over the others with respect to his specific
immovable property and real rights?
A. Unpaid price of real property sold, upon the immovable property.
B. Mortgage credits recorded in the registry of property, upon the mortgaged real estate.
C. Taxes due, upon the land or building.
D. Expenses for the preservation and improvement of property, when the law authorizes reimbursement, upon the
preserved or improved immovable.
19. When bilateral contracts are vitiated with vices of consent, they are rendered
A. rescissible.
B. void.
C. unenforceable.
D. voidable.
20. An agent, authorized by a special power of attorney to sell a land belonging to the principal succeeded in selling
the same to a buyer according to the instructions given the agent. The agent executed the deed of absolute sale on
behalf of his principal two days after the principal died, an event that neither the agent nor the buyer knew at the time
of the sale. What is the standing of the sale?
A. Voidable.
B. Valid.
C. Void.
D. Unenforceable.
21. Spouses A and B leased a piece of land belonging to Bs parents for 25 years. The spouses built their house on it
worth P300,000.00. Subsequently, in a case that C filed against A and B, the court found the latter liable to C for
P200,000.00. When the sheriff was attaching their house for the satisfaction of the judgment, A and B claimed that it
was exempt from execution, being a family home. Is this claim correct?
A. Yes, because while Bs parents own the land, they agreed to have their daughter build her family home on it.
B. No, because there is no judicial declaration that it is a family home.
C. No, since the land does not belong to A and B, it cannot qualify as a family home.
D. Yes, because the A and Bs family actually lives in that house.
22. Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in installments of P10 million per
month with 6% interest per annum. Solomon married Lorna after 5 months and they chose conjugal partnership of
gains to govern their property relations. When they married, Aragon had an unpaid balance of P50 million plus
interest in Solomons favor. To whom will Aragons monthly payments go after the marriage?
A. The principal shall go to the conjugal partnership but the interests to Solomon.
B. Both principal and interests shall go to Solomon since they are his exclusive properties.
C. Both principal and interests shall go to the conjugal partnership since these become due after the marriage.
D. The principal shall go to Solomon but the interests to the conjugal partnership.
23. X and Y, although not suffering from any impediment, cohabited as husband and wife without the benefit of
marriage. Following the birth of their child, the couple got married. A year after, however, the court annulled the
marriage and issued a decree of annulment. What is the present status of the child?
A. Legitimated.
B. Illegitimate.
C. Natural child.
D. Legitimate.
24. When A and B married, they chose conjugal partnership of gains to govern their property relations. After 3 years,
B succeeded in getting her marriage to A annulled on ground of the latters psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
A. They will follow the rule governing the liquidation of a conjugal partnership of gains where the party who acted in
bad faith forfeits his share in the net profits.
B. Since the marriage has been declared void, the rule for liquidation of absolute community of property shall be
followed.
C. The liquidation of a co-ownership applies since the annulment brought their property relation under the
chapter on property regimes without marriage.
D. The law on liquidation of partnerships applies.
25. X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y and (b) on the
economic regime that will govern X and Ys property relations. Is the verbal agreement valid?
A. No, because a marriage settlement to be valid should be in writing.
B. Yes, since ante-nuptial agreements need not be in writing.
C. No, because a marriage settlement cannot include an agreement on the paternity of an illegitimate child.
D. Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract.
26. Spouses X and Y have a minor daughter, Z, who needs support for her education. Both X and Y, who are
financially distressed, could not give the needed support to Z. As it happens, Zs other relatives are financially
capable of giving that support. From whom may Z first rightfully demand support? From her
A. grandfather.
B. brother.
C. uncle.
D. first cousin.
27. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was
two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?
A. Illegitimate, because Gloria confessed that the child is not Fidels.
B. Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel.
28. The husbands acts of forcibly ejecting his wife without just cause from the conjugal dwelling and refusing to take
her back constitutes
A. desertion.
B. recrimination.
C. constructive abandonment.
D. de facto separation.
29. In his will, the testator designated X as a legatee to receive P2 million for the purpose of buying an ambulance
that the residents of his Barangay can use. What kind of institution is this?
A. a fideicomissary institution.
B. a modal institution.
C. a conditional institution.
D. a collective institution.
30. X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable.
A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X
subsequently died, Is Y entitled to the insurance benefits?
A. Yes, since the insurance was not dependent on the marriage.
B. Yes, since her designation as beneficiary was irrevocable.
C. No, Xs designation of Y is revoked by operation of law upon the annulment of their marriage based on Ys
fault.
D. Yes, since without judicial revocation, Xs designation of Y remains valid and binding.
31. May a spouse freely donate communal or conjugal property without the consent of the other?
A. Absolutely not, since the spouses co-own such property.
B. Yes, for properties that the family may spare, regardless of value.
C. Yes, provided the donation is moderate and intended for charity or family rejoicing.
D. Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
32. The decedent died intestate leaving an estate of P10 million. He left the following heirs: a) Marlon, a legitimate
child and b) Cecilia, the legal spouse. Divide the estate.
A. Marlon gets 1/4 and Cecilia gets 3/4.
B. Marlon gets 2/3 and Cecilia 1/3.
C. Marlon gets 1/2 and Cecilia gets 1/2.
D. Marlon gets 3/4 and Cecilia 1/4.
33. Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations
arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case,
the assigns or the heirs are not bound by the contracts. This is known as the principle of
A. Relativity of contracts.
B. Freedom to stipulate.
C. Mutuality of contracts.
D. Obligatory force of contracts.
34. A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the
rights and obligations of the buyer?
A. He can accept all 6,000 apples and pay the seller at P20 per apple.
B. He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.
C. He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them anyway.
D. He can cancel the whole transaction since the seller violated the terms of their agreement.
35. Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns,
without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he
owned Lino undertook to sell to Ramon. What is the standing of the contract?
A. Unenforceable.
B. Voidable.
C. Rescissible.
D. Void.
36. Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any
event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to
demand from X a reimbursement of what he spent to repair the engine plus damages?
A. Yes. X is liable whether or not he was aware of the hidden defect.
B. Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y.
C. No, because Y is in estoppel, having changed engine without prior demand.
D. No, because Y waived the warranty against hidden defects.
37. Acme Cannery produced sardines in cans known as Sards. Mylene bought a can of Sards from a store, ate it,
and suffered from poisoning caused by a noxious substance found in the sardines. Mylene filed a case for damages
against Acme. Which of the following defenses will hold?
A. The expiry date of the Sards was clearly printed on its can, still the store sold and Mylene bought it.
B. Mylene must have detected the noxious substance in the sardines by smell, yet she still ate it.
C. Acme had no transaction with Mylene; she bought the Sards from a store, not directly from Acme.
D. Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such
presumption.
38. Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of
P100 Million in her favor becoming a nullity. But a year after Fernandos death, Marina was so overwhelmed with love
that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the
disposable free portion of Fernandos estate?
A. Yes, since the prohibition against remarrying is absolute, it is deemed not written.
B. Yes, because the prohibition is inhuman and oppressive and violates Marinas rights as a free woman.
C. No, because the nullity of the prohibition also nullifies the legacy.
D. No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up
the money.
39. X, the owner, constituted a 10-year usufruct on his land as well as on the building standing on it in Ys favor. After
flood totally destroyed the building 5 years later, X told Y that an act of God terminated the usufruct and that he
should vacate the land. Is X, the owner of the land, correct?
A. No, since the building was destroyed through no fault of Y.
B. No, since Y still has the right to use the land and the materials left on it.
C. Yes, since Y cannot use the land without the building.
D. Yes, since the destruction of the building without the Xs fault terminated the usufruct.
40. In gratitude, the grooms parents made a donation of a property in writing to the brides parents shortly before
their childrens wedding. The donation was accepted. What is the nature of the donation?
A. It is an ordinary donation since it was not given to the bride or groom.
B. It is donation propter nuptias since it was given with the marriage in mind.
C. It is an indirect donation propter nuptias since the bride would eventually inherit the property from her parents.
D. It is a remunatory donation.
41. X and Y, both Filipinos, were married and resided in Spain although they intend to return to the Philippines at
some future time. They have not executed any marriage settlements. What law governs their property relations?
A. They may choose between Spanish law and Philippine law.
B. Philippine law since they are both Filipinos.
C. No regime of property relations will apply to them.
D. Spanish law since they live in Spain.
42. Birth determines personality. Death extinguishes it. Under what circumstances may the personality of a deceased
person continue to exist?
A. In case of re-appearance of a missing person presumed dead.
B. In protecting the works of a deceased under intellectual property laws.
C. In case of declaration of presumptive death of a missing spouse.
D. In the settlement of the estate of a deceased person.
43. Six tenants sued X, the landowner, for willfully denying them water for their farms, which water happened to flow
from land under Xs control, his intention being to force them to leave his properties. Is X liable for his act and why?
A. No, because the tenants must be content with waiting for rainfall for their farms.
B. No, since X owns both the land and the water.
C. Yes, because the tenants farms have the natural right of access to water wherever it is located.
D. Yes, since X willfully caused injury to his tenants contrary to morals, good customs or public policy.
44. Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each other, EXCEPT when
A. the brother or sister who needs support lives in another place.
B. such brothers and sisters are not recognized by their father.
C. the brother or sister in need stops schooling without valid reason.
D. the need for support of a brother or sister, already of age, is due to the latters fault.
45. Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child, surreptitiously entered the
garden and merrily romped around the ledges of the pool. He accidentally tripped, fell into the pool, and drowned.
MBs parents sued Virgilio for damages arising from their childs death, premised on the principle of attractive
nuisance. Is Virgilio liable for the death of MB?
A. No, the child was 7 years old and knew the dangers that the pool offered.
B. Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming near it.
C. No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it that would
attract a 7-year old child.
D. Yes, since Virgilio did not cover the swimming pool while not in use to prevent children from falling into it.
46. The term of a 5-year lease contract between X the lessor and Y the lessee, where rents were paid from month to
month, came to an end. Still, Y continued using the property with Xs consent. In such a case, it is understood that
they impliedly renewed the lease
A. from month to month under the same conditions as to the rest.
B. under the same terms and conditions as before.
C. under the same terms except the rent which they or the court must fix.
D. for only a year, with the rent raised by 10% pursuant to the rental control law.
47. Rex, a philanthropist, donated a valuable lot to the municipality on the condition that it will build a public school on
such lot within 2 years from its acceptance of the donation. The municipality properly accepted the donation but did
not yet build the public school after 2 years. Can Rex revoke the donation?
A. Yes, since the donation is subject to a resolutory condition which was not fulfilled.
B. No, but Rex is entitled to recover the value of the land from the municipality.
C. No, the transfer of ownership has been completed.
D. Yes, the donation is not deemed made until the suspensive condition has been fulfilled.
48. Illegitimate children, those not recognized by their biological fathers, shall use the surname of their
A. biological father subject to no condition.
B. mother or biological father, at the mothers discretion.
C. mother.
D. biological father unless he judicially opposes it.
49. Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his consent, his friend
Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel the bank to subrogate
him in its right as mortgagee of Asiongs land?
A. No, but the bank can foreclose and pay Boyong back.
B. No, since Boyong paid for Asiongs loan without his approval.
C. Yes, since a change of creditor took place by novation with the banks consent.
D. Yes, since it is but right that Boyong be able to get back his money and, if not, to foreclose the mortgage in the
manner of the bank.
50. Congress passed a law imposing taxes on income earned out of a particular activity that was not previously
taxed. The law, however, taxed incomes already earned within the fiscal year when the law took effect. Is the law
valid?
A. No, because laws are intended to be prospective, not retroactive.
B. No, the law is arbitrary in that it taxes income that has already been spent.
C. Yes, since tax laws are the lifeblood of the nation.
D. Yes, tax laws are an exception; they can be given retroactive effect.
51. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When the loan matured,
Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him. Before Rudolf could comply,
Fernando went to see him personally to collect and he paid him. Did Rudolf make a valid payment?
A. No, since Rudolf should have split the payment between Rodrigo and Fernando.
B. No, since Rodrigo, the other solidary creditor, already made a prior demand for payment from Rudolf.
C. Yes, since the payment covers the whole obligation.
D. Yes, since Fernando was a solidary creditor, payment to him extinguished the obligation.
52. What happens to the property regimes that were subsisting under the New Civil Code when the Family Code took
effect?
A. The original property regimes are immutable and remain effective.
B. Those enjoying specific regimes under the New Civil Code may adopt the regime of absolute community of
property under the Family Code.
C. Those that married under the New Civil Code but did not choose any of its regimes shall now be governed by the
regime of absolute community of property.
D. They are superseded by the Family Code which has retroactive effect.
53. The testator executed a will following the formalities required by the law on succession without designating any
heir. The only testamentary disposition in the will is the recognition of the testators illegitimate child with a popular
actress. Is the will valid?
A. Yes, since in recognizing his illegitimate child, the testator has made him his heir.
B. No, because the non-designation of heirs defeats the purpose of a will.
C. No, the will comes to life only when the proper heirs are instituted.
D. Yes, the recognition of an illegitimate heir is an ample reason for a will.
54. A left B, his wife, in the Philippines to work in Egypt but died in that country after a years continuous stay. Two
months after As death, B gave birth to a child, claiming it is As child. Who can assail the legitimacy of the child?
A. As other heirs apart from B.
B. The State which has interest in the welfare of overseas contract workers.
C. Any one who is outraged by Bs claim.
D. No one since A died.
55. QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the
beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public
officials. What is the status of the marriage.
A. Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present.
B. Void, because the couple did not get local permit for a beach wedding.
C. Voidable, because the Judge acted beyond his territorial jurisdiction and is administratively liable for the same.
D. Void, because the Judge did not solemnize the marriage within the premises of his court.
56. X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the Philippine consul in
Los Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who
were sisters, were separated when they were quite young. Since X did not want to continue with the relation when he
heard of it, he left Y, came to the Philippines and married Z. Can X be held liable for bigamy?
A. No since Xs marriage to Y is void ab initio or did not exist.
B. No since X acted in good faith, conscious that public policy did not approve of marriage between first cousins.
C. Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y.
D. Yes since his first marriage to Y in Los Angeles is valid.
57. Allan bought Billys property through Carlos, an agent empowered with a special power of attorney (SPA) to sell
the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay directly to him. On learning
of this, Carlos, Billys agent, told Allan to pay through him as his SPA provided and to protect his commission. Faced
with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is
ineffective since no tender of payment was made to him. Is he correct?
A. No, since consignation without tender of payment is allowed in the face of the conflicting claims on the
plaintiff.
B. Yes, as owner of the property sold, Billy can demand payment directly to himself.
C. Yes, since Allan made no announcement of the tender.
D. Yes, a tender of payment is required for a valid consignation.
58. X sold Y 100 sacks of rice that Y was to pick up from Xs rice mill on a particular date. Y did not, however, appear
on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial
notice to Y. Is the rescission valid?
A. Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can
easily deteriorate.
B. No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods.
C. No, since there was no express agreement regarding automatic rescission.
D. No, the seller should first determine that Y was not justified in failing to appear.
59. The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously
exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed
without complying with a condition precedent. Is the dismissal proper?
A. No, efforts at a compromise will only deepen the wifes anguish.
B. No, since legal separation like validity of marriage is not subject to compromise agreement for purposes
of filing.
C. Yes, to avoid a family feud that is hurtful to everyone.
D. Yes, since the dispute could have been settled with the parties agreeing to legal separation.
60. An Australian living in the Philippines acquired shares of stock worth P10 million in food manufacturing
companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had two
children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner
and their children. What law will govern the validity of the disposition in the will?
A. Australia law since his legal wife and legitimate child are Australians and domiciled in Australia.
B. Australian law since the intrinsic validity of the provisions of a will is governed by the decedents national
law.
C. Philippine law since the decedent died in Manila and he executed his will according to such law.
D. Philippine law since the decedents properties are in the Philippines.
61. X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale.
After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father.
Unwilling to do so, Xs heirs filed an action for specific performance against Y. Will their action prosper?
A. No, after more than 6 years, the action to enforce the verbal agreement has already elapsed.
B. No, since the sale cannot under the Statute of Frauds be enforced.
C. Yes, since X bought the land and paid Y for it.
D. Yes, after full payment, the action became imprescriptible.
62. A court declared Ricardo, an old bachelor, an absentee and appointed Cicero administrator of his property. After a
year, it was discovered that Ricardo had died abroad. What is the effect of the fact of his death on the administration
of his property?
A. With Ricardo no longer an absentee but a deceased person, Cicero will cease to be administrator of his properties.
B. The administration shall be given by the court having jurisdiction over the intestate proceedings to a new
administrator whom it will appoint.
C. Cicero automatically becomes administrator of Ricardos estate until judicially relieved.
D. Ciceros alienations of Ricardos property will be set aside.
63. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their
marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After
more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on
ground of lack of consent. Will her action prosper?
A. Yes, the action for annulment is imprescriptible.
B. No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the
force and intimidation had ceased.
C. No, since the action prescribed 5 years from the date of the celebration of the marriage.
D. Yes, because the marriage was celebrated without Judys consent freely given.
64. Is the wife who leaves her husband without just cause entitled to support?
A. No, because the wife must always be submissive and respectful to thehusband.
B. Yes. The marriage not having been dissolved, the husband continues to have an obligation to support his wife.
C. No, because in leaving the conjugal home without just cause, she forfeits her right to support.
D. Yes, since the right to receive support is not subject to any condition.
65. In the order of intestate succession where the decedent is legitimate, who is the last intestate heirs or heir who
will inherit if all heirs in the higher level are disqualified or unable to inherit?
A. Nephews and nieces.
B. Brothers and sisters.
C. State.
D. Other collateral relatives up to the 5th degree of consanguinity.
66. Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could
deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and
Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of
indemnity for damages. Is the liability of Roy and Carlos joint or solidary?
A. Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled.
B. Solidary or joint upon the discretion of Sam.
C. Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat.
D. Joint since the conversion of their liability to one of indemnity for damages made it joint.
67. Joanne married James, a person with no known relatives. Through James hard work, he and his wife Joane
prospered. When James died, his estate alone amounted to P100 million. If, in his will, James designates Joanne as
his only heir, what will be the free portion of his estate.
A. Joanne gets all; estate has no free portion left.
B. Joanne gets 1/2; the other half is free portion.
C. Joanne gets 1/3; the remaining 2/3 is free portion.
D. Joanne gets 1/4; the remaining 3/4 is free portion.
68. A warranty inherent in a contract of sale, whether or not mentioned in it, is known as the
A. warranty on quality.
B. warranty against hidden defects.
C. warranty against eviction.
D. warranty in merchantability.
69. The doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of the law. But
the doctrine can be abandoned
A. When adherence to it would result in the Governments loss of its case.
B. When the application of the doctrine would cause great prejudice to a foreign national.
C. When necessary to promote the passage of a new law.
D. When the precedent has ceased to be beneficial and useful.
70. Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a European country where the
execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other as
sole heir of the other in case either of them dies. Unfortunately, Ric died a year later. Can Josie have the joint will
successfully probated in the Philippines?
A. Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.
B. No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric and Josie
even abroad.
C. Yes, since they executed their joint will out of mutual love and care, values that the generally accepted principles of
international law accepts.
D. Yes, since it is valid in the country where it was executed, applying the principle of lex loci celebrationis.
71. ML inherited from his father P5 million in legitime but he waived it in a public instrument in favor of his sister QY
who accepted the waiver in writing. But as it happened, ML borrowed P6 million from PF before the waiver. PF
objected to the waiver and filed an action for its rescission on the ground that he had the right to MLs P5 million
legitime as partial settlement of what ML owed him since ML has proved to be insolvent. Does PF, as creditor, have
the right to rescind the waiver?
A. No, because the waiver in favor of his sister QY amounts to a donation and she already accepted it.
B. Yes, because the waiver is prejudicial to the interest of a third person whose interest is recognized by law.
C. No, PF must wait for ML to become solvent and, thereafter, sue him for the unpaid loan.
D. Yes, because a legitime cannot be waived in favor of a specific heir; it must be divided among all the other heirs.
72. While engaged to be married, Arnold and Josephine agreed in a public instrument to adopt out the economic
regime of absolute community of property. Arnold acknowledged in the same instrument that Josephines daughter
Mary, is his illegitimate child. But Josephine died before the marriage could take place. Does the marriage settlement
have any significance?
A. None, since the instrument containing the marriage settlement is essentially void for containing an unrelated
matter.
B. Yes, insofar as Arnold acknowledged Mary as his illegitimate child.
C. None, since the marriage did not take place.
D. Yes, if they acquired properties while living together as husband and wife.
73. Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the marriage was
valid. Their parents gave full consent to the marriage of their children. After three years, Joseph filed a petition in the
USA to promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines
and married Leonora. What is the status of this second marriage?
A. Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to
Jenny before marrying Leonora.
B. Valid, because Josephs marriage to Jenny is void, he being only 17 years of age when he married her.
C. Valid, because his marriage to Leonora has all the elements of a valid marriage.
D. Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce.
74. T died intestate, leaving an estate of P9,000,000. He left as heirs three legitimate children, namely, A, B, and C. A
has two children, D and E. Before he died, A irrevocably repudiated his inheritance from T in a public instrument filed
with the court. How much, if any, will D and E, as As children, get from Ts estate?
A. Each of D and E will get P1,500,000 by right of representation since their father repudiated his inheritance.
B. Each of D and E will get P2,225,000 because they will inherit from the estate equally with B and C.
C. D and E will get none because of the repudiation; B and C will get As share by right of accretion.
D. Each of D and E will get P2,000,000 because the law gives them some advantage due to the demise of A.
76. X, who was abroad, phoned his brother, Y, authorizing him to sell Xs parcel of land in Pasay. X sent the title to Y
by courier service. Acting for his brother, Y executed a notarized deed of absolute sale of the land to Z after receiving
payment. What is the status of the sale?
A. Valid, since a notarized deed of absolute sale covered the transaction and full payment was made.
B. Void, since X should have authorized agent Y in writing to sell the land.
C. Valid, since Y was truly his brother Xs agent and entrusted with the title needed to effect the sale.
D. Valid, since the buyer could file an action to compel X to execute a deed of sale.
77. In a true pacto de retro sale, the title and ownership of the property sold are immediately vested in the vendee a
retro subject only to the resolutory condition of repurchase by the vendor a retro within the stipulated period. This is
known as
A. equitable mortgage.
B. conventional redemption.
C. legal redemption.
D. equity of redemption.
78. A natural obligation under the New Civil Code of the Philippines is one which
A. the obligor has a moral obligation to do, otherwise entitling the obligee to damages.
B. refers to an obligation in writing to do or not to do.
C. the obligee may enforce through the court if violated by the obligor.
D. cannot be judicially enforced but authorizes the obligee to retain the obligors payment or performance.
79. The husband assumed sole administration of the familys mango plantation since his wife worked abroad.
Subsequently, without his wifes knowledge, the husband entered into an antichretic transaction with a company,
giving it possession and management of the plantation with power to harvest and sell the fruits and to apply the
proceeds to the payment of a loan he got. What is the standing of the contract?
A. It is void in the absence of the wifes consent.
80. When the donor gives donations without reserving sufficient funds for his support or for the support of his
dependents, his donations are
A. Rescissible, since it results in economic lesion of more than 25% of the value of his properties.
B. Voidable, since his consent to the donation is vitiated by mindless kindness.
C. Void, since it amounts to wanton expenditure beyond his means.
D. Reducible to the extent that the donations impaired the support due to himself and his dependents.
81. Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date. Bessy sent a demand
letter to Anne giving her 5 days from receipt within which to pay. Two days after receipt of the letter, Anne personally
offered to pay Bessy in managers check but the latter refused to accept the same. The 5 days lapsed. May Annes
obligation be considered extinguished?
A. Yes, since Bessys refusal of the managers check, which is presumed funded, amounts to a satisfaction of the
obligation.
B. No, since tender of payment even in cash, if refused, will not discharge the obligation without proper
consignation in court.
C. Yes, since Anne tendered payment of the full amount due.
D. No, since a managers check is not considered legal tender in the Philippines.
82. The residents of a subdivision have been using an open strip of land as passage to the highway for over 30
years. The owner of that land decided, however, to close it in preparation for building his house on it. The residents
protested, claiming that they became owners of the land through acquisitive prescription, having been in possession
of the same in the concept of owners, publicly, peacefully, and continuously for more than 30 years. Is this claim
correct?
A. No, the residents have not been in continuous possession of the land since they merely passed through it
in going to the highway.
B. No, the owner did not abandon his right to the property; he merely tolerated his neighbors use of it for passage.
83. The owner of a thing cannot use it in a way that will injure the right of a third person. Thus, every building or land
is subject to the easement which prohibits its proprietor or possessor from committing nuisance like noise, jarring,
offensive odor, and smoke. This principle is known as
A. Jus vindicandi.
B. Sic utere tuo ut alienum non laedas.
C. Jus dispondendi.
D. Jus abutendi.
84. Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifers business partner for recovery of
property with damages. The complaint did not allege that Janice exerted earnest efforts to come to a compromise
with the defendants and that such efforts failed. The judge dismissed the complaint outright for failure to comply with
a condition precedent. Is the dismissal in order?
A. No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with her.
B. Yes, since court should promote amicable settlement among relatives.
C. Yes, since members of the same family, as parties to the suit, are required to exert earnest efforts to settle their
disputes before coming to court.
D. No, the family council, which would ordinarily mediate the dispute, has been eliminated under the Family Code.
85. X borrowed money from a bank, secured by a mortgage on the land of Y, his close friend. When the loan
matured, Y offered to pay the bank but it refused since Y was not the borrower. Is the banks action correct?
A. Yes, since X, the true borrower, did not give his consent to Ys offer to pay.
B. No, since anybody can discharge Xs obligation to his benefit.
C. No, since Y, the owner of the collateral, has an interest in the payment of the obligation.
D. Yes, since it was X who has an obligation to the bank.
86. The right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after his default in the
performance of the conditions of the mortgage but before the sale of the mortgaged property or confirmation of the
sale by the court, is known as
A. accion publiciana.
B. equity of redemption.
C. pacto de retro.
D. right of redemption.
87. When does the regime of conjugal partnership of gains begin to exist?
A. At the moment the parties take and declare each other as husband and wife before officiating officer.
B. At the time the spouses acquire properties through joint efforts.
C. On the date the future spouses executed their marriage settlements because this is the starting point of their
marital relationship.
D. On the date agreed upon by the future spouses in their marriage settlements since their agreement is the law
between them.
88. Josie, 18, married Dante, 25, without her parents knowledge and consent, and lived with him. After a year, Josie
returned to her parents home, complained of the unbearable battering she was getting from Dante, and expressed a
desire to have her marriage with him annulled. Who may bring the action?
A. Dante.
B. Her parents.
C. Josie herself.
D. The State.
89. X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby boy.
Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage?
A. Yes, since his parents are now lawfully married.
B. Yes, since he is an innocent party and the marriage rectified the wrong done him.
C. No, since once illegitimate, a child shall always remain illegitimate.
D. No, since his parents were not qualified to marry each other when he was conceived.
90. The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract
A. Rescissible.
B. Unenforceable.
C. Voidable.
D. Void.
91. Can common-law spouses donate properties of substantial value to one another?
A. No, they are only allowed to give moderate gifts to each other during family rejoicing.
B. No, they cannot give anything of value to each other to prevent placing their legitimate relatives at a disadvantage.
C. Yes, unlike the case of legally married spouses, such donations are not prohibited.
D. Yes, as long as they leave sufficient property for themselves and for their dependents.
92. X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will provided that this legacy is to be set
off against the P1.5 million X owed Y. After the set off, X still owed Y P500,000. Can Y still collect this amount?
A. Yes, because the designation of Y as legatee created a new and separate juridical relationship between
them, that of testator-legatee.
B. It depends upon the discretion of the probate court if a claim is filed in the testate proceedings.
C. No, because the intention of the testator in giving the legacy is to abrogate his entire obligation to Y.
D. No, because X had no instruction in his will to deliver more than the legacy of P1 million to Y.
93. Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their conjugal partnership spent P3
million for the construction of a house on the lot. The construction resulted in an increase in the value of the house
and lot to P9 million. Who owns the house and the lot?
A. Josie and the conjugal partnership of gains will own both on a 50-50 basis.
B. Josie will own both since the value of the house and the increase in the propertys value is less than her
lots value; but she is to reimburse conjugal partnership expenses.
C. Josie still owns the lot, it being her exclusive property, but the house belongs to the conjugal partnership.
D. The house and lot shall both belong to the conjugal partnership, with Josie entitled to reimbursement for the value
of the lot.
94. An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title
based on a claim that the latter merely holds such title in trust for the plaintiff. The action prescribes, however, within
10 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long
as the trust had not been repudiated. What is the exception to this 10-year prescriptive period?
A. When the plaintiff had no notice of the deed or the issuance of the certificate of title.
B. When the title holder concealed the matter from the plaintiff.
C. When fortuitous circumstances prevented the plaintiff from filing the case sooner.
D. When the plaintiff is in possession of the property.
95. Conrad and Linda, both 20 years old, applied for a marriage license, making it appear that they were over 25.
They married without their parents knowledge before an unsuspecting judge. After the couple has been in
cohabitation for 6 years, Lindas parents filed an action to annul the marriage on ground of lack of parental consent.
Will the case prosper?
A. No, since only the couple can question the validity of their marriage after they became 21 of age; their
cohabitation also convalidated the marriage.
B. No, since Lindas parents made no allegations that earnest efforts have been made to come to a compromise with
Conrad and Linda and which efforts failed.
C. Yes, since the marriage is voidable, the couple being below 21 years of age when they married.
D. Yes, since Lindas parents never gave their consent to the marriage.
96. Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the
Notary Public failed to come. Two days later, the Notary Public notarized the will in his law office where all signatories
to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter
themselves signed the will in the presence of the testator and of one another. Was the will validly notarized?
A. No, since it was not notarized on the occasion when the signatories affixed their signatures on the will.
B. Yes, since the Notary Public has to be present only when the signatories acknowledged the acts required
of them in relation to the will.
C. Yes, but the defect in the mere notarization of the will is not fatal to its execution.
D. No, since the notary public did not require the signatories to sign their respective attestations again.
97. Venecio and Ester lived as common-law spouses since both have been married to other persons from whom they
had been separated in fact for several years. Hardworking and bright, each earned incomes from their respective
professions and enterprises. What is the nature of their incomes?
A. Conjugal since they earned the same while living as husband and wife.
B. Separate since their property relations with their legal spouses are still subsisting.
C. Co-ownership since they agreed to work for their mutual benefit.
D. Communal since they earned the same as common-law spouses.
98. What is the prescriptive period for filing an action for revocation of a donation based on acts of ingratitude of the
donee?
A. 5 years from the perfection of the donation.
B. 1 year from the perfection of the donation.
C. 4 years from the perfection of the donation.
D. Such action does not prescribe.
99. Before Karen married Karl, she inherited P5 million from her deceased mother which amount she brought into the
marriage. She later used part of the money to buy a new Mercedes Benz in her name, which Karen and her husband
used as a family car. Is the car a conjugal or Karens exclusive property?
A. It is conjugal property since the spouses use it as a family car.
B. It is Karens exclusive property since it is in her name.
C. It is conjugal property having been bought during the marriage.
D. It is Karens exclusive property since she bought it with her own money.
100. Because of Xs gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y
sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the
death of the foetus she carried?
A. Yes, since the foetus is already regarded as a child from conception, though unborn.
B. No, since Xs would not have known that the accident would result in Ys abortion.
C. No, since birth determines personality, the accident did not result in the death of a person.
D. Yes, since the mother believed in her heart that she lost a child.
Criminal Law
1. Isabel, a housemaid, broke into a pawnshop intent on stealing items of
jewelry in it. She found, however, that the jewelry were in a locked chest.
Unable to open it, she took the chest out of the shop. What crime did she
commit?
A. Robbery in an uninhabited place or in a private building
B. Theft
C. Robbery in an inhabited house or public building.
D. Qualified theft
3. Arthur, Ben, and Cesar quarreled with Glen while they were at the latters
house. Enraged, Arthur repeatedly stabbed Glen while Ben and Cesar pinned
his arms. What aggravating circumstance if any attended the killing of Glen?
A. Evident premeditation.
B. None.
C. Abuse of superior strength.
D. Treachery.
5. He is an accomplice who
A. agreed to serve as a lookout after his companions decided to murder the
victim.
B. watched quietly as the murderer stabbed his victim.
C. helped the murderer find the victim who was hiding to avoid
detection.
D. provided no help, when he can, to save the victim from dying.
8. Zeno and Primo asked Bert to give them a sketch of the location of Andys
house since they wanted to kill him. Bert agreed and drew them the sketch.
Zeno and Primo drove to the place and killed Andy.
commit?
A. Accomplice to murder, since his cooperation was minimal.
B. Accessory to murder, since his map facilitated the escape of the two.
10. The police officer in civilian clothes asked X where he can buy shabu. X
responded by asking the officer how much of the drug he needed. When he told
him, X left, returned after a few minutes with the shabu, gave it to the officer,
and took his money. X is
A. liable for selling since the police operation was a valid entrapment.
B. not liable for selling since the police operation was an invalid entrapment.
C. liable for selling since the police operation was a valid form of instigation.
D. not liable since the police operation was an invalid instigation.
11.
12. The maxim Nullum crimen nula poena sine lege means that
A. the act is criminal at the time of its commission and recognized as such at the
time of its commission but the penalty therefor is prescribed in a subsequently
enacted law.
B. the act is criminal and punished under and pursuant to common law.
C. there is a crime for as long as the act is inherently evil.
D. crime is a product of the law.
14. The husband has for a long time physically and mentally tortured his wife.
After one episode of beating, the wife took the husbands gun and shot him
dead. Under the circumstances, her act constitutes
A. mitigating vindication of grave offense.
B. battered woman syndrome, a complete self-defense.
C. incomplete self-defense.
D. mitigating passion and obfuscation.
15. There is violation of Art. 316, RPC (Other forms of Swindling) where
A. the owner of property sells a property and subsequently rescinds the sale.
B. the real property subject of the sale does not exist.
C. the property was mortgaged for a usurious contract of loan.
17. Dr. Chow, a government doctor, failed to submit his Daily Time Record
(DTR) from January to March 2000 and did not get approval of his sick leave
application for April because of evidence that he was actually moonlighting
elsewhere.
Thus, the medical Director caused the withholding of his salary for the periods in
question until he submitted his DTRs in May 2000. Can Dr. Chow prosecute the
medical director for causing him undue injury in violation of the Anti-Graft and
Corrupt Practices Act?
A. Yes, since the medical Director acted with evident bad faith.
B. No, since the medical director has full discretion in releasing the salary of
government doctors.
C. Yes, since his salary was withheld without prior hearing.
D. No, since Dr. Chow brought it upon himself, having failed to submit
the required DTRs.
18. When a penal law is absolutely repealed such that the offense is
decriminalized, a pending case charging the accused of the repealed crime is
to be
A. prosecuted still since the charge was valid when filed.
B. dismissed without any precondition.
19.
20. The exchanges of highly offensive words between two quarrelling women in
the presence of a crowd of people constitute
A. one count of grave slander against the woman who uttered the more insulting
expressions.
B. grave slander against the woman who started it and light slander against the
other woman.
C. two separate counts of light slander, one for each woman.
D. two separate counts of grave slander, one against each of them.
21. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner is liable for
A. occupation or usurpation of personal property.
B. civil damages only.
C. theft.
D. other deceits.
B. culpa.
C. tortious crimes.
D. quasi delict.
23. To mitigate his liability for inflicting physical injury to another, an accused
with a physical defect must prove that such defect restricted his freedom of
action and understanding. This proof is not required where the physical defect
consists of
A. a severed right hand.
B. complete blindness.
C. being deaf mute and dumb.
D. a severed leg.
24.
An
extenuating
circumstance,
which
has
the
same
effect
as
25. Three men gave Arnold fist blows and kicks causing him to fall. As they
surrounded and continued hitting him, he grabbed a knife he had in his pocket
and stabbed one of the men straight to the heart. What crime did Arnold
commit?
A. Homicide with incomplete self-defense, since he could have run from his
aggressors.
B. Homicide, since he knew that stabbing a person in the heart is fatal.
C. Homicide mitigated by incomplete self-defense, since stabbing a person to
the heart is excessive.
D. No crime, since he needed to repel the aggression, employing
reasonable means for doing so.
26. A, B, and C agreed to rob a house of its cash. A and B entered the house
while C remained outside as lookout. After getting the cash, A and B decided to
set the house on fire to destroy any evidence of their presence. What crime or
crimes did C commit?
A. Robbery and arson since arson took place as an incident of the robbery.
B. Robbery and arson since C took no step to stop the arson.
C. Just for robbery since he only agreed to it and served as lookout.
D. Accomplice to robbery since his role in the crime was minimal.
27.
a court employee, the act of receiving an expensive gift from one of the parties
in a pending case. Because of this, Y accused X of libel. Does Y need to prove
the element of malice in the case?
A. No, since malice is self-evident in the letter.
B. Yes, malice is not presumed since X wrote the letter to the presiding
judge who has a duty to act on what it states.
C. No, since malice is presumed with respect to defamatory imputations.
D. Yes, since malice is not presumed in libel.
28. X killed B, mistakenly believing that she was his wife, upon surprising her
having sex with another man in a motel room. What is the criminal liability of X?
A. None since he killed her under exceptional circumstances.
B. None since he acted under a mistake of fact.
C. Parricide.
D. Homicide.
29. X draws a check upon request of Y, the payee, who told X that he would
merely show the check to his creditor to gain more time to pay his account. The
check bounced upon presentation by the creditor. Under the circumstances,
who can be prosecuted for estafa based on the dishonored check?
30. Ana visited her daughter Belen who worked as Caloys housemaid. Caloy
was not at home but Debbie, a casual visitor in the house, verbally maligned
Belen
in
Anas
presence.
Irked,
Ana
assaulted
Debbie.
Under
the
31. It is a matter of judicial knowledge that certain individuals will kill others or
commit serious offenses for no reason at all. For this reason,
A. lack of motive can result in conviction where the crime and the
accuseds part in it are shown.
B. motive is material only where there is no evidence of criminal intent.
C. lack of motive precludes conviction.
D. the motive of an offender is absolutely immaterial.
34. A private person who assists the escape of a person who committed robbery
shall be liable
A. as a principal to the crime of robbery.
B. as an accessory to the crime of robbery.
C. as a principal to the crime of obstruction of justice.
D. as an accessory to the crime of obstruction of justice.
35.
of kidnapping?
A. The victim is killed as a consequence of the detention.
B. The offender is a public officer.
C. Ransom is demanded.
D. The victim is raped.
37.
Dagami concealed Bugnas body and the fact that he killed him by
setting Bugnas house on fire. What crime or crimes did Dagami commit?
A. Murder, the arson being absorbed already
B. Separate crimes of murder and arson
C. Arson, the homicide being absorbed already
D. Arson with murder as a compound crime
38. Sam wrote a letter to his friends stating that Judge Odon loves obscene
magazines and keeps these in his desk. Charged with libel, can Sam present
proof that Judge Odon indeed loves obscene magazines and keeps these in his
desk?
A. No, since the imputation is not related to the duties of a judge.
B. No, since Sam does not impute a crime to Judge Odon.
C. No, since Sam imputes the commission of a crime to Judge Odon.
D. Yes, since truth can be a valid defense in libel.
39. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who
died as a consequence. Under the circumstances
A.
C. Leaders of jeepney and bus associations shouting Bukas tuloy ang welga
hanggang sa magkagulo na!
D. Speeches calling for resignation of high government officials.
43. To save himself from crashing into an unlighted truck abandoned on the
road, Jose swerved his car to the right towards the graveled shoulder, killing two
bystanders. Is he entitled to the justifying circumstance of state of necessity?
A. No, because the bystanders had nothing to do with the abandoned truck on
the road.
B. No, because the injury done is greater than the evil to be avoided.
C. Yes, since the instinct of self-preservation takes priority in an
emergency.
D. Yes, since the bystanders should have kept off the shoulder of the road.
44. The accused was shocked to discover his wife and their driver sleeping in
the masters bedroom. Outraged, the accused got his gun and killed both. Can
the accused claim that he killed the two under exceptional circumstances?
A. No, since the accused had time to reflect when he got his gun.
B.
No, since the accused did not catch them while having sexual
intercourse.
C. Yes, since the wife and their driver desecrated the marital bed.
D. Yes, since the scene shows that they had an intimate relationship.
45. The three accused forcibly took their victim from his car but the latter
succeeded in freeing himself from their grip. What crime did the three accused
commit?
A. forcible abduction.
B. frustrated kidnapping.
C. attempted kidnapping.
D. grave coercion.
46. Deeply enraged by his wifes infidelity, the husband shot and killed her
lover. The husband subsequently surrendered to the police. How will the court
appreciate the mitigating circumstances of (i) passion or obfuscation, (ii)
vindication of a grave offense, and (iii) voluntary surrender that the husband
invoked and proved?
A. It will appreciate passion or obfuscation and voluntary surrender as one
mitigating circumstance and vindication of a grave offense as another.
B. It will appreciate all three mitigating circumstances separately.
C. It will appreciate the three mitigating circumstances only as one.
D. It will appreciate passion or obfuscation and vindication of a grave
offense as just one mitigating circumstance and voluntary surrender as
another.
49. Without meaning anything, Z happened to stare into the eye of one of four
men hanging out by a store which he passed. Taking offense, the four mauled
and robbed him of his wages. Z went home, took a knife, and stabbed one of his
attackers to death.
circumstance of
A. praeter intentionem.
B. incomplete self-defense preceded by undue provocation.
C. passion or obfuscation.
D. complete self-defense.
50. A public officer who immediately returns the bribe money handed over to
him commits
A. no crime.
B. attempted bribery.
C. consummated bribery.
D. frustrated bribery.
51. Direct bribery is a crime involving moral turpitude. From which of the
following elements of direct bribery can moral turpitude be inferred?
A. The offender receives a gift by himself or through another.
B. The offender is a public officer.
C. The offender takes a gift with a view to committing a crime in
exchange.
D. The act which the offender agrees to perform or which he executes is
connected with his official duties.
54.
but they left their home-made guns in their vehicle before approaching him.
What crime have they committed?
A. Conspiracy to commit indirect assault.
B. Attempted direct assault.
C. Conspiracy to commit direct assault.
55. On hearing a hospital ward patient on the next bed, shrieking in pain and
begging to die, Mona shut off the oxygen that was sustaining the patient,
resulting in his death. What crime if any did Mona commit?
A. Homicide.
B. Murder if she deliberated on her action.
C. Giving Assistance to Suicide.
D. Euthanasia.
56. When committed outside the Philippine territory, our courts DO NOT have
jurisdiction over the crime of
A. treason.
B. piracy.
C. espionage.
D. rebellion.
57.
Motive
is
generally
IMMATERIAL
in
determining
criminal
liability
EXCEPT when
A. several offenders committed the crime but the court wants to ascertain which
of them acted as leader.
B. the evidence of the crime consists of both direct and circumstantial evidence.
C. ascertaining the degree of penalty that may be imposed on the offender.
D. the evidence of guilt of the accused is circumstantial.
59. X and his step-father have a long-standing enmity. One day, irked by an
argument with his step-father, X smashed the windshield of his step-fathers
brand new Audi sports car. X is liable for
A. malicious mischief.
B.
malicious
mischief
with
the
alternative
mitigating
circumstance
of
relationship.
C. malicious mischief with the alternative aggravating circumstance of
relationship.
D. the civil damage he caused.
60. The classification of felonies into grave, less grave, and light is important in
ascertaining
A. if certain crimes committed on the same occasion can be complexed.
B. the correct penalty for crimes committed through reckless imprudence.
C. whether the offender is liable as an accomplice.
D. what stage of the felony has been reached.
61. A child in conflict with the law shall enjoy all the rights of a child until
A. he is found to have acted with discernment.
B. his minority is setoff by some aggravating circumstance.
C. he is proved to be 18 years or older.
D. he forfeits such rights by gross misconduct and immorality.
63. W allowed a man to have sex with her thinking that he was her husband.
After realizing that the man was not her husband, W stabbed him to death.
Under the circumstances, the mitigating circumstance in attendance constitutes
A. defense of honor.
B. immediate vindication of a grave offense.
C. passion or obfuscation.
D. self-defense.
64. The prescriptive period for bigamy is 15 years counted from the date of the
A. discovery of the second marriage by the offended spouse.
B. registration of the second marriage in the Local Civil Registry.
C. celebration or solemnization of the second marriage.
D. discovery of the second marriage by the authorities.
65. After properly waiving his Miranda rights, the offender led the police to
where he buried the gun he used in shooting the victim. How does this affect
his liability?
A. This serves as an analogous mitigating circumstance of voluntary
surrender.
B. It has no effect at all since the law provides none.
C. He is considered to have confessed to murder.
D. This serves as aggravating circumstance of concealment of weapon.
69. X inflicted violent kicks on vital parts of Es body. E nevertheless was able to
flee for fear of his life. Refusing to undergo treatment for his injuries, E died 3
days later. Is X liable for Es death?
A. No, since kicks on the body cannot cause death.
B. No, since it took too long for death to occur.
70. A criminal action for rape is extinguished when the offender is forgiven by
A. the offenders wife who herself is the rape victim.
B. his wife for having raped another woman.
C. the rape victims husband.
D. the rape victim herself.
73. What court has jurisdiction when an Indonesian crew murders the Filipino
captain on board a vessel of Russian registry while the vessel is anchored
outside the breakwaters of the Manila bay?
A. The Indonesian court.
B. The Russian court.
74. X, intending to kill Y, a store owner, fired at Y from the street, but the shot
killed not only Y but also Z who was in the store. As a case of aberratio ictus, it is
punishable as a
A. complex crime proper.
B. special complex crime.
C. continuing crime.
D. compound crime.
75. A proposal to commit a felony is punishable only when the law specifically
provides a penalty for it as in the case of proposal to commit
A. rebellion.
B. sedition.
C. espionage.
D. highway robbery.
Remedial Law
1. Anna filed a petition for appointment as regular administratrix of her fathers
estate. Her sister Sophia moved to dismiss the petition on the ground that the
parties, as members of the same family, have not exerted earnest effort toward
a compromise prior to the filing of the petition.
dismissed?
A. Yes, since such earnest effort is jurisdictional in all estate cases.
B. No, since such earnest effort is not required in special proceedings.
C. Yes, since such earnest effort is required prior to the filing of the case.
D. No, since such earnest effort toward a compromise is not required in
summary proceedings.
2.
pending
criminal
case,
dismissed
provisionally,
shall
be
deemed
3. Angie was convicted of false testimony and served sentence. Five years later,
she was convicted of homicide. On appeal, she applied for bail. May the Court
of Appeals deny her application for bail on ground of habitual delinquency?
A. Yes, the felonies are both punishable under the Revised Penal Code.
B. Yes, her twin convictions indicated her criminal inclinations.
C. No, the felonies fall under different titles in the Revised Penal Code.
D. No, the charges are both bailable.
4.
expropriation proceedings?
A. The court shall declare the defendant who fails to answer the
complaint in default and render judgment against him.
B. The court shall refer the case to the Board of Commissioners to determine the
amount of just compensation.
C. The plaintiff shall make the required deposit and forthwith take immediate
possession of the property sought to be expropriated.
D. The plaintiff may appropriate the property for public use after judgment and
payment of the compensation fixed in it, despite defendants appeal.
B. Substantial amendments are allowed with leave of court before the accused
pleads.
C. Only formal amendments are permissible before the accused pleads.
D. After the plea, a formal amendment may be made without leave of court.
6. Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati
under a contract of loan that fixed Makati as the venue of any action arising
from the contract. Gary had already paid the loan but Rey kept on sending him
letters of demand for some balance. Where is the venue of the action for
harassment that Gary wants to file against Rey?
A. In Makati since the intent of the party is to make it the venue of any action
between them whether based on the contract or not.
B. In Taguig or Makati at the option of Gary since it is a personal injury
action.
C. In Taguig since Rey received the letters of demand there.
D. In Makati since it is the venue fixed in their contract.
8. Which of the following precepts forms part of the rules governing small
claims?
A. Permissive counterclaim is not allowed.
B. The court shall render its decision within 3 days after hearing.
C. Joinder of separate claims is not allowed.
D. Motion to declare defendant in default is allowed.
10. As a rule, the judge shall receive the evidence personally. In which of the
following circumstances may the court delegate the reception of evidence to the
clerk of court?
A. When a question of fact arises upon a motion.
B. When the trial of an issue of fact requires the examination of a long account.
C. In default or ex-parte hearings.
D. Upon motion of a party on reasonable grounds.
11. Which of the following is in accord with the applicable rules on receivership?
A. The court may appoint the plaintiff as receiver of the property in litigation
over the defendants objection.
B. A receiver may be appointed after judgment if the judgment obligor
refuses to apply his property to satisfy the judgment.
C. The trial court cannot appoint a receiver when the case is on appeal.
D. The filing of bond on appointment of a receiver is mainly optional.
12. Bearing in mind the distinction between private and public document,
which of the following is admissible in evidence without further proof of due
execution or genuineness?
A. Baptismal certificates.
B. Official record of the Philippine Embassy in Singapore certified by
the Vice- Consul with official seal.
13. Ramon witnessed the commission of a crime but he refuses to testify for
fear of his life despite a subpoena being served on him. Can the court punish
him for contempt?
A. No, since no person can be compelled to be a witness against another.
B. Yes, since public interest in justice requires his testimony.
C. No, since Ramon has a valid reason for not testifying.
D. Yes, since litigants need help in presenting their cases.
15. Which of the following grounds for dismissal invoked by the court will NOT
PRECLUDE the plaintiff from refiling his action?
A. Res judicata.
B. Lack of jurisdiction over the subject matter.
C. Unenforceability under the Statutes of Fraud.
D. Prescription.
16. When may a co-owner NOT demand the partition of the thing owned in
common?
A. When the creditor of one of the co-owners has attached the property.
B. When the property is essentially indivisible.
C. When related co-owners agreed to keep the property within the family.
D. When a co-owner uses the property as his residence.
17. The city prosecutor of Manila filed, upon Soledads complaint, a criminal
action for estafa against her sister, Wella, before the RTC of Manila for selling to
Victor a land that she previously sold to Soledad. At the same time Soledad filed
a civil action to annul the second sale before the RTC of Quezon City. May the
Manila RTC motu proprio suspend the criminal action on ground of prejudicial
question?
A. Yes, if it may be clearly inferred that complainant will not object to the
suspension of the criminal case.
B. No, the accused must file a motion to suspend the action based on
prejudicial question.
C. Yes, if it finds from the record that such prejudicial question exists.
D. Yes, if it is convinced that due process and fair trial will be better served if the
criminal case is suspended.
19. Gerry sued XYZ Bus Co. and Rico, its bus driver, for injuries Gerry suffered
when their bus ran off the road and hit him. Of the two defendants, only XYZ
Bus Co. filed an answer, alleging that its bus ran off the road because one of its
wheels got caught in an open manhole, causing the bus to swerve without the
drivers fault. Someone had stolen the manhole cover and the road gave no
warning of the danger it posed. On Gerrys motion and over the objection of
XYZ Bus Co., the court declared Rico, the bus driver, in default and
rendered judgment ordering him to pay P50,000 in damages to Gerry. Did the
court act correctly?
A. No, since the court should have tried the case against both
defendants upon the bus companys answer.
B. No, the court should have dropped Rico as defendant since the moneyed
defendant is the bus company.
C. Yes, the court can, under the rules, render judgment against the defendant
declared in default.
D. Yes, since, in failing to answer, Rico may be deemed to have admitted the
allegations in the complaint.
20. Which of the following has NO PLACE in an application for a replevin order?
A statement
A. that the property is wrongfully detained by the adverse party.
B. that the property has not been distrained for a tax assessment or placed
under custodia legis.
C. of the assessed value of the property.
D. that the applicant owns or has a right to the possession of the property.
22. The accused jumps bail and fails to appear on promulgation of judgment
where he is found guilty. What is the consequence of his absence?
A. Counsel may appeal the judgment in the absence of the accused.
23. What should the court sheriff do if a third party serves on him an affidavit of
claim covering the property he had levied?
A. Ask the judgment obligee to file a court-approved indemnity bond in
favor of the third-party claimant or the sheriff will release the levied
property.
B. Ask the judgment obligee to file a court-approved bond for the sheriffs
protection in case he proceeds with the execution.
C. Immediately lift the levy and release the levied property.
D. Ask the third-party claimant to support his claim with an indemnity bond
in favor of the judgment obligee and release the levied property if such bond is
filed.
25. A sued B for ejectment. Pending trial, B died, survived by his son, C. No
substitution of party defendant was made. Upon finality of the judgment against
B, may the same be enforced against C?
A. Yes, because the case survived Bs death and the effect of final
judgment in an ejectment case binds his successors in-interest.
26. What is the proper remedy to secure relief from the final resolutions of
the Commission On Audit?
A. Petition for review on certiorari with the Supreme Court.
B. Special civil action of certiorari with the Court of Appeals.
C. Special civil action of certiorari with the Supreme Court.
D. Appeal to the Court of Appeals.
27. Which of the following is a duty enjoined on the guardian and covered by
his bond?
A. Provide for the proper care, custody, and education of the ward.
B. Ensure the wise and profitable investment of the wards financial resources.
C. Collect compensation for his services to the ward.
D. Raise the ward to become a responsible member of society.
28. Berto was charged with and convicted of violating a city ordinance against
littering in public places punishable by imprisonment of one month or a fine of
P1,000.00. But the city mayor pardoned him. A year later, he was charged with
violating a city ordinance against jaywalking which carried the same penalty.
Need Berto post bail for such offense?
A. Yes, his previous conviction requires posting of bail for the present charge.
B. Yes, since he may be deemed to have violated the terms of his pardon.
C. No, because he is presumed innocent until proven otherwise.
D. No, one charged with the violation of a city ordinance is not required
to post bail, notwithstanding a previous pardon.
29. Which of the following claims survive the death of the defendant and need
not be presented as a claim against the estate?
A. Contingent money claims arising from contract.
B. Unenforced money judgment against the decedent, with death occurring
before levy on execution of the property.
C. Claims for damages arising from quasi-delict.
D. Claims for funeral expenses.
30. In a case, the prosecutor asked the medical expert the question, Assuming
that the assailant was behind the deceased before he attacked him, would you
say that treachery attended the killing?
permissible?
A. No, since it asks for his legal opinion.
B. Yes, but conditionally, subject to subsequent proof that the assailant was
indeed behind the deceased at that time.
C. Yes, since hypothetical questions may be asked of an expert witness.
D. No, since the medical expert has no personal knowledge of the fact.
31. The city prosecutor charged Ben with serious physical injuries for stabbing
Terence. He was tried and convicted as charged. A few days later, Terence died
due to severe infection of his stab wounds. Can the prosecution file another
information against Ben for homicide?
A. Yes, since Terences death shows irregularity in the filing of the earlier charge
against him.
B. No, double jeopardy is present since Ben had already been convicted of the
first offense.
C. No, there is double jeopardy since serious physical injuries is necessarily
included in the charge of homicide.
D. Yes, since supervening event altered the kind of crime the
accused committed.
32. Arvin was caught in flagrante delicto selling drugs for P200,000.00. The
police officers confiscated the drugs and the money and brought them to the
police station where they prepared the inventory duly signed by police officer
Oscar Moreno. They were, however, unable to take pictures of the items. Will
this deficiency destroy the chain of custody rule in the drug case?
A. No, a breach of the chain of custody rule in drug cases, if
satisfactorily explained, will not negate conviction.
B. No, a breach of the chain of custody rule may be offset by presentation in
court of the drugs.
C. Yes, chain of custody in drug cases must be strictly observed at all times to
preserve the integrity of the confiscated items.
D. Yes, compliance with the chain of custody rule in drug cases is the only way
to prove the accuseds guilt beyond reasonable doubt.
33. A sued B in the RTC of Quezon City, joining two causes of action: for partition
of real property and breach of contract with damages. Both parties reside in
Quezon City but the real property is in Manila. May the case be dismissed for
improper venue?
A. Yes, since causes of action pertaining to different venues may not be joined in
one action.
B. No, since causes of action pertaining to different venues may be
joined in the
jurisdiction.
C. Yes, because special civil action may not be joined with an ordinary civil
action.
D. No, since plaintiff may unqualifiedly join in one complaint as many causes of
action as he has against opposing party.
B. Courts will not hear and decide cases involving issues that come within the
jurisdiction of administrative tribunals.
C. No court has the authority to interfere by injunction with the
judgment of another court of coordinate jurisdiction.
D. A higher court will not entertain direct resort to it unless the redress sought
cannot be obtained from the appropriate court.
35. Which of the following admissions made by a party in the course of judicial
proceedings is a judicial admission?
A. Admissions made in a pleading signed by the party and his counsel intended
to be filed.
B. An admission made in a pleading in another case between the same parties.
C. Admission made by counsel in open court.
D. Admissions made in a complaint superseded by an amended complaint.
37. Cindy charged her husband, George, with bigamy for a prior subsisting
marriage with Teresa. Cindy presented Ric and Pat, neighbors of George and
Teresa in Cebu City, to prove, first, that George and Teresa cohabited there and,
second, that they established a reputation as husband and wife. Can Cindy
prove the bigamy by such evidence?
A. Yes, the circumstantial evidence is enough to support a conviction for bigamy.
B. No, at least one direct evidence and two circumstantial evidence are required
to support a conviction for bigamy.
38. To prove payment of a debt, Bong testified that he heard Ambo say, as the
latter was handing over money to Tessie, that it was in payment of debt. Is
Bongs testimony admissible in evidence?
A. Yes, since what Ambo said and did is an independently relevant statement.
B. No, since what Ambo said and did was not in response to a startling
occurrence.
C. No, since Bongs testimony of what Ambo said and did is hearsay.
D.
Yes,
since
Ambos
statement
and
action,
subject
of
Bongs
40. Arthur, a resident foreigner sold his car to Bren. After being paid but before
delivering the car, Arthur replaced its original sound system with an inferior one.
Bren discovered the change, rejected the car, and demanded the return of his
money. Arthur did not comply. Meantime, his company reassigned Arthur to
Singapore.
Bren filed a civil action against Arthur for contractual fraud and damages. Upon
his application, the court issued a writ of preliminary attachment on the grounds
that (a) Arthur is a foreigner; (b) he departed from the Philippines; and (c) he
was guilty of fraud in contracting with Bren.
Is the writ of preliminary attachment proper?
A. No, Arthur is a foreigner living abroad; he is outside the courts jurisdiction.
B. Yes, Arthur committed fraud in changing the sound system and its
components before delivering the car bought from him.
C. Yes the timing of his departure is presumptive evidence of intent to defraud.
D. No, since it was not shown that Arthur left the country with intent to defraud
Bren.
41. What is the movants remedy if the trial court incorrectly denies his motion
to dismiss and related motion for reconsideration?
A. Answer the complaint.
B. File an administrative action for gross ignorance of the law against the trial
judge.
C. File a special civil action of certiorari on ground of grave abuse of
discretion.
D. Appeal the orders of denial.
42. During trial, plaintiff offered evidence that appeared irrelevant at that time
but he said he was eventually going to relate to the issue in the case by some
future evidence. The defendant objected.
43.
Ben testified that Jaime, charged with robbery, has committed bag-
snatching three times on the same street in the last six months. Can the court
admit this testimony as evidence against Jaime?
A. No, since there is no showing that Ben witnessed the past three robberies.
B. Yes, as evidence of his past propensity for committing robbery.
C. Yes, as evidence of a pattern of criminal behavior proving his guilt of the
present offense.
D. No, since evidence of guilt of a past crime is not evidence of guilt of
a present crime.
44. What is the right correlation between a criminal action and a petition for
Writ of Amparo both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter shall be
dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition is
filed.
D. When the criminal action is filed after the Amparo petition, the
latter shall be consolidated with the first.
45. Alex filed a petition for writ of amparo against Melba relative to his daughter
Tonis involuntary disappearance. Alex said that Melba was Tonis employer,
who, days before Toni disappeared, threatened to get rid of her at all costs. On
the other hand, Melba countered that she had nothing to do with Tonis
disappearance and that she took steps to ascertain Tonis whereabouts. What
is the quantum of evidence required to establish the parties respective claims?
A. For Alex, probable cause; for Melba, substantial evidence.
B. For Alex, preponderance of evidence; for Melba, substantial evidence.
C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
D. For both, substantial evidence.
47. Defendant Dante said in his answer: 1. Plaintiff Perla claims that defendant
Dante owes her P4,000 on the mobile phone that she sold him; 2. But Perla owes
Dante P6,000 for the dent on his car that she borrowed. How should the court
treat the second statement?
A. A cross claim
B. A compulsory counterclaim
C. A third party complaint
D. A permissive counterclaim
48. How will the court sheriff enforce the demolition of improvements?
A. He will give a 5-day notice to the judgment obligor and, if the latter does not
comply, the sheriff will have the improvements forcibly demolished.
B. He will report to the court the judgment obligors refusal to comply and have
the latter cited in contempt of court.
C. He will demolish the improvements on special order of the court,
obtained at the judgment obligees motion.
D. He will inform the court of the judgment obligors noncompliance and proceed
to demolish the improvements.
49. When may the bail of the accused be cancelled at the instance of the
bondsman?
A. When the accused jumps bail.
B. When the bondsman surrenders the accused to the court.
C. When the accused fails to pay his annual premium on the bail bond.
D. When the accused changes his address without notice to the bondsman.
50. Which of the following MISSTATES a requisite for the issuance of a search
warrant?
A. The warrant specifically describes the place to be searched and the things to
be seized.
B. Presence of probable cause.
C. The warrant issues in connection with one specific offense.
D. Judge determines probable cause upon the affidavits of the
complainant and his witnesses.
51. Ranger Motors filed a replevin suit against Bart to recover possession of a
car that he mortgaged to it. Bart disputed the claim. Meantime, the court
allowed, with no opposition from the parties, Midway Repair Shop to intervene
with its claim against Bart for unpaid repair bills. On subsequent motion of
Ranger Motors and Bart, the court dismissed the complaint as well as Midway
Repair Shops intervention. Did the court act correctly?
A. No, since the dismissal of the intervention bars the right of Bart to file a
separate action.
B. Yes, intervention is merely collateral to the principal action and not an
independent proceeding.
C. Yes, the right of the intervenor is merely in aid of the right of the original
party, which in this case had ceased to exist.
D. No, since having been allowed to intervene, the intervenor became a
party to the action, entitled to have the issue it raised tried and
decided.
52. The accused was convicted for estafa thru falsification of public document
filed by one of two offended parties. Can the other offended party charge him
again with the same crime?
A. Yes, since the wrong done the second offended party is a separate crime.
B. No, since the offense refers to the same series of act, prompted by
one criminal intent.
C. Yes, since the second offended party is entitled to the vindication of the
wrong done him as well.
D. No, since the second offended party is in estoppel, not having joined the first
criminal action.
53. Henry testified that a month after the robbery Asiong, one of the accused,
told him that Carlos was one of those who committed the crime with him. Is
Henrys testimony regarding what Asiong told him admissible in evidence
against Carlos?
A. No, since it is hearsay.
B. No, since Asiong did not make the statement during the conspiracy.
C. Yes, since it constitutes admission against a co-conspirator.
D. Yes, since it part of the res gestae.
54. Dorothy filed a petition for writ of habeas corpus against her husband, Roy,
to get from him custody of their 5 year old son, Jeff. The court granted the
petition and required Roy to turn over Jeff to his mother.
Roy sought
reconsideration but the court denied it. He filed a notice of appeal five days from
receipt of the order denying his motion for reconsideration. Did he file a timely
notice of appeal?
A. No, since he filed it more than 2 days after receipt of the decision granting
the petition.
B. No, since he filed it more than 2 days after receipt of the order
denying his motion for reconsideration.
C. Yes, since he filed it within 15 days from receipt of the denial of his motion
for reconsideration.
D. Yes, since he filed it within 7 days from receipt of the denial of his motion for
reconsideration.
55. Angel Kubeta filed a petition to change his first name Angel. After the
required publication but before any opposition could be received, he filed a
notice of dismissal. The court confirmed the dismissal without prejudice. Five
days later, he filed another petition, this time to change his surname Kubeta.
Again, Angel filed a notice of dismissal after the publication. This time, however,
the court issued an order, confirming the dismissal of the case with prejudice.
Is the dismissal with prejudice correct?
A. Yes, since such dismissal with prejudice is mandatory.
B. No, since the rule on dismissal of action upon the plaintiffs notice does not
apply to special proceedings.
C. No, since change of name does not involve public interest and the rules
should be liberally construed.
D. Yes, since the rule on dismissal of action upon the plaintiffs notice
applies and the two cases involve a change in name.
56. A complaint without the required verification
A. shall be treated as unsigned.
B. lacks a jurisdictional requirement.
C. is a sham pleading.
D. is considered not filed and should be expunged.
58. Which of the following states a correct guideline in hearing applications for
bail in capital offenses?
A. The hearing for bail in capital offenses is summary; the court does
not sit to try the merits of the case.
B. The prosecutions conformity to the accuseds motion for bail is proof that its
evidence of his guilt is not strong.
C. The accused, as applicant for bail, carries the burden of showing that the
prosecutions evidence of his guilt is not strong.
D. The prosecution must have full opportunity to prove the guilt of the accused.
59. Apart from the case for the settlement of her parents estate, Betty filed an
action against her sister, Sigma, for reconveyance of title to a piece of land.
Betty claimed that Sigma forged the signatures of their late parents to make it
appear that they sold the land to her when they did not, thus prejudicing Bettys
legitime. Sigma moved to dismiss the action on the ground that the dispute
should be resolved in the estate proceedings. Is Sigma correct?
A. Yes, questions of collation should be resolved in the estate
proceedings, not in a separate civil case.
B. No, since questions of ownership of property cannot be
resolved in the
estate proceedings.
C. Yes, in the sense that Betty needs to wait until the estate case has been
terminated.
D. No, the filing of the separate action is proper; but the estate proceeding must
be suspended meantime.
60. What is the consequence of the unjustified absence of the defendant at the
pre-trial?
A. The trial court shall declare him as in default.
B. The trial court shall immediately render judgment against him.
C. The trial court shall allow the plaintiff to present evidence ex-parte.
D. The trial court shall expunge his answer from the record.
61. What is the remedy of the accused if the trial court erroneously denies his
motion for preliminary investigation of the charge against him?
A. Wait for judgment and, on appeal from it, assign such denial as error.
B. None since such order is final and executory.
C. Ask for reconsideration; if denied, file petition for certiorari and
prohibition.
D. Appeal the order denying the motion for preliminary investigation.
62. Which of the following renders a complaint for unlawful detainer deficient?
A. The defendant claims that he owns the subject property.
B. The plaintiff has tolerated defendants possession for 2 years before
demanding that he vacate it.
C. The plaintiffs demand is for the lessee to pay back rentals or
vacate.
D. The lessor institutes the action against a lessee who has not paid the
stipulated rents.
64. In which of the following cases is the plaintiff the real party in interest?
A. A creditor of one of the co-owners of a parcel of land, suing for partition
B. An agent acting in his own name suing for the benefit of a disclosed principal
65. The defendant in an action for sum of money filed a motion to dismiss the
complaint on the ground of improper venue. After hearing, the court denied the
motion. In his answer, the defendant claimed prescription of action as
affirmative defense, citing the date alleged in the complaint when the cause of
action accrued. May the court, after hearing, dismiss the action on ground of
prescription?
A. Yes, because prescription is an exception to the rule on Omnibus
Motion.
B. No, because affirmative defenses are barred by the earlier motion to dismiss.
C. Yes, because the defense of prescription of action can be raised at anytime
before the finality of judgment.
D. No, because of the rule on Omnibus Motion.
66. What is the effect of the failure of the accused to file a motion to quash an
information that charges two offenses?
A. He may be convicted only of the more serious offense.
B. He may in general be convicted of both offenses.
C. The trial shall be void.
D. He may be convicted only of the lesser offense.
68. Summons was served on MCM Theater, a business entity with no juridical
personality, through its office manager at its place of business. Did the court
acquire jurisdiction over MCM Theaters owners?
A. Yes, an unregistered entity like MCM Theater may be served with
summons through its office manager.
B. No, because MCM has no juridical personality and cannot be sued.
C. No, since the real parties in interest, the owners of MCM Theater, have not
been served with summons.
D. Yes since MCM, as business entity, is a de facto partnership with juridical
personality.
69. Fraud as a ground for new trial must be extrinsic as distinguished from
intrinsic. Which of the following constitutes extrinsic fraud?
A. Collusive suppression by plaintiffs counsel of a material evidence
vital to his cause of action.
B. Use of perjured testimony at the trial.
C. The defendants fraudulent representation that caused damage to the
plaintiff.
D. Use of falsified documents during the trial.
70. Upon review, the Secretary of Justice ordered the public prosecutor to file a
motion to withdraw the information for estafa against Sagun for lack of probable
cause. The public prosecutor complied. Is the trial court bound to grant the
withdrawal?
A. Yes, since the prosecution of an action is a prerogative of the public
prosecutor.
B. No, since the complainant has already acquired a vested right in the
information.
C. No, since the court has the power after the case is filed to itself
determine probable cause.
D. Yes, since the decision of the Secretary of Justice in criminal matters is
binding on courts.
72. Which of the following CANNOT be disputably presumed under the rules of
evidence?
A. That the thing once proved to exist continues as long as is usual with things
of that nature.
B. That the law has been obeyed.
C. That a writing is truly dated.
D. That a young person, absent for 5 years, it being unknown whether
he still lives, is considered dead for purposes of succession.
74. When is the defendant entitled to the return of the property taken under a
writ of replevin?
A. When the plaintiffs bond is found insufficient or defective and is not
replaced.
B. When the defendant posts a redelivery bond equal to the value of the
property seized.
C. When the plaintiff takes the property and disposes of it without the sheriffs
approval.
D. When a third party claims the property taken yet the applicant does not file
a bond in favor of the sheriff.
78. Which of the following correctly states the rule on foreclosure of mortgages?
A. The rule on foreclosure of real estate mortgage is suppletorily applicable
to extrajudicial foreclosures.
B. In judicial foreclosure, an order of confirmation is necessary to vest
all rights in the purchaser.
C. There is equity of redemption in extra-judicial foreclosure.
D. A right of redemption by the judgment obligor exists in judicial foreclosure.
79. The information charges PNP Chief Luis Santos, (Salary Grade 28), with
taking advantage of his public position as PNP Head by feloniously shooting
JOSE ONA, inflicting on the latter mortal wounds which caused his death. Based
solely on this allegation, which court has jurisdiction over the case?
A. Sandiganbayan only
B. Sandiganbayan or Regional Trial Court
C. Sandiganbayan or Court Martial
D. Regional Trial Court only
B. Conclusiveness of judgment bars only the defendant from questioning it; bar
by prior judgment bars both plaintiff and defendant.
C. Conclusiveness of judgment bars all matters directly adjudged; bar
by
prior judgment
precludes
all
matters
that
might
have
been
adjudged.
D. Conclusiveness of judgment precludes the filing of an action to annul such
judgment; bar by prior judgment allows the filing of such an action.
81. Which of the following matters is NOT A PROPER SUBJECT of judicial notice?
A. Persons have killed even without motive.
B. Municipal ordinances in the municipalities where the MCTC sits.
C. Teleconferencing is now a way of conducting business transactions.
D. British law on succession personally known to the presiding judge.
82. The RTC of Malolos, Branch 1, issued a writ of execution against Rene for P20
million. The sheriff levied on a school building that appeared to be owned by
Rene. Marie, however, filed a third party claim with the sheriff, despite which,
the latter scheduled the execution sale. Marie then filed a separate action
before the RTC of Malolos, Branch 2, which issued a writ of preliminary injunction
enjoining the sheriff from taking possession and proceeding with the sale of the
levied property. Did Branch 2 correctly act in issuing the injunction?
A. Yes, since the rules allow the filing of the independent suit to check
the sheriffs wrongful act in levying on a third partys property.
B. Yes, since Branch 2, like Branch 1, is part of the RTC of Malolos.
C. No, because the proper remedy is to seek relief from the same court which
rendered the judgment.
D. No, since it constitutes interference with the judgment of a co-equal court
with concurrent jurisdiction.
83. What is the effect and ramification of an order allowing new trial?
A. The courts decision shall be held in suspension until the defendant could
show at the reopening of trial that it has to be abandoned.
B. The court shall maintain the part of its judgment that is unaffected and void
the rest.
C. The evidence taken upon the former trial, if material and competent,
shall remain in use.
D. The court shall vacate the judgment as well as the entire proceedings had in
the case.
The
testator
intended
donation
intervivos
but
unwittingly
executed a will.
D. An error in the name of the person nominated as executor.
85. As a rule, the estate shall not be distributed prior to the payment of all
charges to the estate. What will justify advance distribution as an exception?
A. The estate has sufficient residual assets and the distributees file
sufficient bond.
B. The specific property sought to be distributed might suffer in value.
C. An agreement among the heirs regarding such distribution.
D. The conformity of the majority of the creditors to such distribution.
B. No, since the CSC Chairman and Commissioners have the rank of Justices of
the Court of Appeals.
C. No, since the CSC is a Constitutional Commission.
D. Yes, since the Court of Appeals has jurisdiction over the petition
concurrent with the Supreme Court.
89. To prove the identity of the assailant in a crime of homicide, a police officer
testified that, Andy, who did not testify in court, pointed a finger at the accused
in a police lineup.
91. The prosecution moved for the discharge of Romy as state witness in a
robbery case it filed against Zoilo, Amado, and him. Romy testified, consistent
with the sworn statement that he gave the prosecution. After hearing Romy, the
court denied the motion for his discharge. How will denial affect Romy?
A. His testimony shall remain on record.
B. Romy will be prosecuted along with Zoilo and Amado.
C. His liability, if any, will be mitigated.
D. The court can convict him based on his testimony.
92. In proceedings for the settlement of the estate of deceased persons, the
court in which the action is pending may properly
A. pass upon question of ownership of a real property in the name of the
deceased but claimed by a stranger.
B. pass upon with the consent of all the heirs the issue of ownership of
estate asset, contested by an heir if no third person is affected.
C. rule on a claim by one of the heirs that an estate asset was held in trust for
him by the deceased.
D. rescind a contract of lease entered into by the deceased before death on the
ground of contractual breach by the lessee.
93. Which of the following stipulations in a contract will supersede the venue for
actions that the rules of civil procedure fix?
A. In case of litigation arising from this contract of sale, the preferred venue shall
be in the proper courts of Makati.
B. Should the real owner succeed in recovering his stolen car from buyer X, the
latter shall have recourse under this contract to seller Y exclusively before the
proper Cebu City court.
C. Venue in case of dispute between the parties to this contract shall
solely be in the proper courts of Quezon City.
D. Any dispute arising from this contract of sale may be filed in Makati or
Quezon City.
94. Allan was riding a passenger jeepney driven by Ben that collided with a car
driven by Cesar, causing Allan injury. Not knowing who was at fault, what is the
best that Allan can do?
A. File a tort action against Cesar.
B. Await a judicial finding regarding who was at fault.
C. Sue Ben for breach of contract of carriage.
D. Sue both Ben and Cesar as alternative defendants.
95. A surety company, which provided the bail bond for the release of the
accused, filed a motion to withdraw as surety on the ground of the accuseds
non-payment of the renewal premium. Can the trial court grant the withdrawal?
A. No, since the suretys undertaking is not annual but lasts up to
judgment.
B. Yes, since surety companies would fold up otherwise.
C. No, since the surety company technically takes the place of the accused with
respect to court attendance.
D. Yes, since the accused has breached its agreement with the surety company.
96. To prove that Susan stabbed her husband Elmer, Rico testified that he heard
Leon running down the street, shouting excitedly, Sinasaksak daw ni Susan ang
asawa niya! (I heard that Susan is stabbing her husband!) Is Leons statement
as narrated by Rico admissible?
A. No, since the startling event had passed.
B. Yes, as part of the res gestae.
C. No, since the excited statement is itself hearsay.
D. Yes, as an independently relevant statement.
97.
hierarchy?
A. It derives from a specific and mandatory provision of substantive
law.
B. The Supreme Court may disregard the doctrine in cases of national interest
and matters of serious implications.
C. A higher court will not entertain direct recourse to it if redress can be
obtained in the appropriate courts.
D. The reason for it is the need for higher courts to devote more time to matters
within their exclusive jurisdiction.
98. Plaintiff Manny said in his complaint: 3. On March 1, 2001 defendant Letty
borrowed P1 million from plaintiff Manny and made a promise to pay the loan
within six months.
In her answer, Letty alleged: Defendant Letty specifically denies the allegations
in paragraph 3 of the complaint that she borrowed P1 million from plaintiff
Manny on March 1, 2001 and made a promise to pay the loan within six
months. Is Lettys denial sufficient?
A. Yes, since it constitutes specific denial of the loan.
B. Yes, since it constitutes positive denial of the existence of the loan.
C. No, since it fails to set forth the matters defendant relied upon in
support of herdenial.
D. No, since she fails to set out in par. 2 of her answer her special and
affirmative defenses.
99.
100. In a civil action involving three separate causes of action, the court
rendered summary judgment on the first two causes of action and tried the
third. After the period to appeal from the summary judgment expired, the court
issued a writ of execution to enforce the same. Is the writ of execution proper?
A. No, being partial, the summary judgment is interlocutory and any
appeal from it still has to reckon with the final judgment.
B. Yes since, assuming the judgment was not appealable, the defendant should
have questioned it by special civil action of certiorari.
C. No, since the rules do not allow a partial summary judgment.
D. No, since special reason is required for execution pending rendition of a final
decision in the case.
Commercial Law
1. P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in
Tarlac, the bus driver, the conductor, and the passengers disembarked for lunch.
P decided, however, to remain in the bus, the door of which was not locked. At
this point, V, a vendor, sneaked into the bus and offered P some refreshments.
2. A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a
storm and lost all its cargo amounting to Php50 Million. The ship itself suffered
damages estimated at Php80 Million. The cargo owners filed a suit against X
Shipping but it invoked the doctrine of limited liability since its vessel suffered
an Php80 Million damage, more than the collective value of all lost cargo. Is X
Shipping correct?
A. Yes, since under that doctrine, the value of the lost cargo and the damage to
the ship can be set-off.
B. No, since each cargo owner has a separate and individual claim for damages.
C. Yes, since the extent of the ships damage was greater than that of the value
of the lost cargo.
D. No, since X Shipping neither incurred a total loss nor abandoned its
ship.
4. ABC Corp. increased its capital stocks from Php10 Million to Php15 Million and,
in the process, issued 1,000 new shares divided into Common Shares B and
Common Shares C. T, a stockholder owning 500 shares, insists on buying the
newly issued shares through a right of pre-emption. The company claims,
however, that its By-laws deny T any right of pre-emption. Is the corporation
correct?
A.No,since the By-Laws cannot deny a shareholder his right of preemption.
B. Yes, but the denial of his pre-emptive right extends only to 500 shares.
C. Yes, since the denial of the right under the By-laws is binding on T.
D. No, since pre-emptive rights are governed by the articles of incorporation.
B.
since
the
goods
were
unconditionally
placed
with
for
transportation.
C. S since the freightage for the goods had been paid.
D. The bus liner since the loss was due to a fortuitous event.
7. X Corp. operates a call center that received orders for pizzas on behalf of Y
Corp. which operates a chain of pizza restaurants. The two companies have the
same set of corporate officers. After 2 years, X Corp. dismissed its call agents for
no apparent reason. The agents filed a collective suit for illegal dismissal against
both X Corp. and Y Corp. based on the doctrine of piercing the veil of corporate
fiction. The latter set up the defense that the agents are in the employ of X
Corp. which is a separate juridical entity. Is this defense appropriate?
A. No, since the doctrine would apply, the two companies having the same set of
corporate officers.
B. No, the real employer is Y Corp., the pizza company, with X Corp. serving as
an arm for receiving its outside orders for pizzas.
C. Yes, it is not shown that one company completely dominates the
finances, policies, and business practices of the other.
D. Yes, since the two companies perform two distinct businesses.
10. Under the Negotiable Instruments Law, if the holder has a lien on the
instrument which arises either from a contract or by implication of law, he would
be a holder for value to the extent of
A. his successors interest.
B. his predecessors interest.
C. the lien in his favor.
D. the amount indicated on the instruments face.
11. The liability of a common carrier for the goods it transports begins from the
time of
A. conditional receipt.
B. constructive receipt.
C. actual receipt.
D. either actual or constructive receipt.
12. On Xs failure to pay his loan to ABC Bank, the latter foreclosed the
Real Estate Mortgage he executed in its favor. The auction sale was set for Dec.
1, 2010 with the notices of sale published as the law required. The sale was,
however, cancelled when Dec. 1, 2010 was declared a holiday and re-scheduled
to Jan. 10, 2011 without republication of notice. The auction sale then proceeded
on the new date. Under the circumstances, the auction sale is
A. rescissible.
B. unenforceable.
C. void.
D. voidable.
15. It is settled that neither par value nor book value is an accurate indicator of
the fair value of a share of stock of a corporation. As to unpaid subscriptions to
its shares of stock, as they are regarded as corporate assets, they should be
included in the
A. capital value.
B. book value.
C. par value.
D. market value.
and X to Y. Unable to collect from P, Y then sued X on the note. X set up the
defense of illegality of consideration. Is he correct?
A. No, since X, being a subsequent indorser, warrants that the note is valid and
subsisting.
B. No, since X, a general indorser, warrants that the note is valid and
subsisting.
C. Yes, since a void contract does not give rise to any right.
D. Yes, since the note was born of an illegal consideration which is a real
defense.
17. In a contract of carriage, the common carrier is liable for the injury or death
of a passenger resulting from its employees fault although the latter acted
beyond the scope of his authority. This is based on the
A. rule that the carrier has an implied duty to transport the passenger
safely.
B. rule that the carrier has an express duty to transport the passenger safely
C. Doctrine of Respondeat Superior.
D. rule in culpa aquiliana.
18. A holder in due course holds the instrument free from any defect of title of
prior parties and free from defenses available to prior parties among
themselves. An example of such a defense is
A. fraud in inducement.
B. duress amounting to forgery.
C. fraud in esse contractus.
D. alteration.
20.
exercises his appraisal rights is determined as of the day prior to the date on
which the vote was taken. This is true
A. regardless of any depreciation or appreciation in the shares fair
value.
B. regardless of any appreciation in the shares fair value.
C. regardless of any depreciation in the shares fair value.
D. only if there is no appreciation or depreciation in the shares fair value.
21. T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance
policies stated that the insurer shall answer for all damages due to perils of the
sea. One of the insureds ship, the MV Dona Priscilla, ran aground in the Panama
Canal when its engine pipes leaked and the oil seeped into the cargo
compartment. The leakage was caused by the extensive mileage that the ship
had accumulated. May the insurer be made to answer for the damage to the
cargo and the ship?
A. Yes, because the insurance policy covered any or all damage arising from
perils of the sea.
B. Yes, since there appears to have been no fault on the part of the shipowner
and shipcaptain.
C. No, since the proximate cause of the damage was the breach of warranty of
seaworthiness of the ship.
D. No, since the proximate cause of the damage was due to ordinary
usage of the ship, and thus not due to a peril of the sea.
24. X is the holder of an instrument payable to him (X) or his order, with Y as
maker. X then indorsed it as follows: Subject to no recourse, pay to Z. Signed,
X. When Z went to collect from Y, it turned out that Ys signature was forged.
Z now sues X for collection. Will it prosper?
A. Yes, because X, as a conditional indorser, warrants that the note is genuine.
B. Yes, because X, as a qualified indorser, warrants that the note is
genuine.
C. No, because X made a qualified indorsement.
D. No, because a qualified indorsement does not include the warranty of
genuineness.
25. A bill of exchange has T for its drawee, U as drawer, and F as holder. When F
went to T for presentment, F learned that T is only 15 years old. F wants to
recover from U but the latter insists that a notice of dishonor must first be made,
the instrument being a bill of exchange. Is he correct?
A. Yes, since a notice of dishonor is essential to charging the drawer.
B. No, since T can waive the requirement of notice of dishonor.
C. No, since F can treat U as maker due to the minority of T, the
drawee.
D. Yes, since in a bill of exchange, notice of dishonor is at all times required.
27. T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an
Intensity 8 earthquake along the path of his ship. On waking up, he immediately
ordered the ship to return to port. True enough, the earthquake and tsunami
struck three days later and his ship was saved. Was the deviation proper?
A. Yes, because the deviation was made in good faith and on a reasonable
ground for believing that it was necessary to avoid a peril.
B. No, because no reasonable ground for avoiding a peril existed at the
time of the deviation.
C. No, because T relied merely on his supposed gift of prophecy.
D. Yes, because the deviation took place based on a reasonable belief of the
captain.
28. X, drawee of a bill of exchange, wrote the words: Accepted, with promise to
make payment within two days. Signed, X. The drawer questioned the
acceptance as invalid. Is the acceptance valid?
31. A material alteration of an instrument without the assent of all parties liable
thereon results in its avoidance, EXCEPT against a
A. prior indorsee.
B. subsequent acceptor.
C. subsequent indorser.
D. prior acceptor.
33. B borrowed Php1 million from L and offered to him his BMW car worth
Php1 Million as collateral. B then executed a promissory note that reads: I, B,
promise to pay L or bearer the amount of Php1 Million and to keep my BMW car
(loan collateral) free from any other encumbrance. Signed, B. Is this note
negotiable?
A. Yes, since it is payable to bearer.
B. Yes, since it contains an unconditional promise to pay a sum certain in money.
C. No, since the promise to just pay a sum of money is unclear.
D. No, since it contains a promise to do an act in addition to the
payment of money.
although the Foundations Articles and By-laws are silent on the matter. As to
each of the three, what is the maximum number of votes that he/she can cast?
A.6
B. 9
C. 12
D. 3
36. If the drawer and the drawee are the same person, the holder may present
the instrument for payment without need of a previous presentment for
acceptance. In such a case, the holder treats it as a
A. non-negotiable instrument.
B. promissory note.
C. letter of credit.
D. check.
37. D draws a bill of exchange that states: One month from date, pay to B or
his order Php100,000.00. Signed, D. The drawee named in the bill is E. B
negotiated the bill to M, M to N, N to O, and O to P. Due to non-acceptance and
after proceedings for dishonor were made, P asked O to pay, which O did. From
whom may O recover?
A. B, being the payee
B. N, as indorser to O
C. E, being the drawee
D. D, being the drawer
B. Both T and the publisher, one wrote the letter to the other who has
possession of it.
C. The law office since T was an employee and he wrote it on the firms
letterhead.
D. The publisher to whom the letter was sent.
39. E received goods from T for display and sale in Es store. E was to turn over
to T the proceeds of any sale and return the ones unsold. To document their
agreement, E executed a trust receipt in Ts favor covering the goods. When E
failed to turn over the proceeds from his sale of the goods or return the ones
unsold despite demand, he was charged in court for estafa. E moved to dismiss
on the ground that his liability is only civil. Is he correct?
A. No, since he committed fraud when he promised to pay for the goods and did
not.
B. No, since his breach of the trust receipt agreement subjects him to
both civil and criminal liability for estafa.
C. Yes, since E cannot be charged with estafa over goods covered a trust receipt.
D. Yes, since it was merely a consignment sale and the buyer could not pay.
40. The authorized alteration of a warehouse receipt which does not change its
tenor renders the warehouseman liable according to the terms of the receipt
A. in its original tenor if the alteration is material.
B. in its original tenor.
C. as altered if there is fraud.
D. as altered.
41. Any agreement binding upon the holder to extend the time of payment or to
postpone the holders right to enforce the instrument results in the discharge of
the party secondarily liable unless made with the latters consent. This
agreement refers to one which the holder made with the
A. principal debtor.
B. principal creditor.
C. secondary creditor.
D. secondary debtor.
42. Upon execution of a trust receipt over goods, the party who is obliged to
release such goods and who retains security interest on those goods, is called
the
A. holder.
B. shipper.
C. entrustee.
D. entrustor.
44. On June 1, 2011, X mailed to Y Insurance, Co. his application for life
insurance, with payment for 5 years of premium enclosed in it. On July 21, 2011,
the insurance company accepted the application and mailed, on the same day,
its acceptance plus the cover note. It reached Xs residence on August 11,
2011. But, as it happened, on August 4, 2011, X figured in a car accident. He
died a day later. May Xs heirs recover on the insurance policy?
A. Yes, since under the Cognition Theory, the insurance contract was perfected
upon acceptance by the insurer of Xs application.
B. No, since there is no privity of contract between the insurer and Xs heirs.
C. No, since X had no knowledge of the insurers acceptance of his
application before he died.
D. Yes, since under the Manifestation Theory, the insurance contract was
perfected upon acceptance of the insurer of Xs application.
45. A bill of exchange has D as drawer, E as drawee and F as payee. The bill was
then indorsed to G, G to H, and H to I. I, the current holder presented the bill to
E for acceptance. E accepted but, as it later turned out, D is a fictitious person.
Is E freed from liability?
A. No, since by accepting, E admits the existence of the drawer.
B. No, since by accepting, E warrants that he is solvent.
C. Yes, if E was not aware of that fact at the time of acceptance.
D. Yes, since a bill of exchange with a fictitious drawer is void and inexistent.
46. Due to his debt to C, D wrote a promissory note which is payable to the
order of C. Cs brother, M, misrepresenting himself as agent of C, obtained the
note from D. M then negotiated the note to N after forging the signature of C.
May N enforce the note against D?
A. Yes, since D is the principal debtor.
B. No, since the signature of C was forged.
C. No, since it is C who can enforce it, the note being payable to the order of C.
D. Yes, since D, as maker, is primarily liable on the note.
47. T Corp. has a corporate term of 20 years under its Articles of Incorporation
or from June 1, 1980 to June 1, 2000. On June 1, 1991 it amended its Articles of
Incorporation to extend its life by 15 years from June 1, 1980 to June 1, 2015.
The SEC approved this amendment. On June 1, 2011, however, T Corp decided
to shorten its term by 1 year or until June 1, 2014.
2011 amendments were approved by majority vote of its Board of Directors and
ratified in a special meeting by its stockholders representing at least 2/3 of
its outstanding capital stock. The SEC, however, disapproved the 2011
amendment on the ground that it cannot be made earlier than 5 years prior to
the expiration date of the corporate term, which is June 1, 2014. Is this SEC
disapproval correct?
A. No, since the 5-year rule on amendment of corporate term applies
only to extension, not to shortening, of term.
B. Yes, any amendment affecting corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
C. No, since a corporation can in fact have a corporate life of 50 years.
D. Yes, the amendment to shorten corporate term cannot be made earlier than 5
years prior to the corporations expiration date.
48. B, while drunk, accepted a passenger in his taxicab. B then drove the
taxi recklessly, and inevitably, it crashed into an electric post, resulting in
serious physical injuries to the passengers. The latter then filed a suit for tort
against Bs operator, A, but A raised the defense of having exercised
extraordinary diligence in the safety of the passenger. Is his defense tenable?
A. Yes, as a common carrier can rebut the presumption of negligence by raising
such a defense.
B. No, as in tort actions, the proper defense is due diligence in the
selection and supervision of the employee by the employer.
C. No, as B, the common carriers employee, was obviously negligent due to his
intoxication.
D. Yes, as a common carrier can invoke extraordinary diligence in the safety of
passengers in tort cases.
49. X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010.
On April 11, 2010, X resigned and was replaced by R, who assumed as director
on May 17, 2010. On Nov. 21, 2010, R died. S was then elected in his place.
Until which time should S serve as director?
A. April 11, 2011.
B. Feb. 1, 2011.
C. May 17, 2011.
D. Nov. 21, 2011.
50. M, the maker, issued a promissory note to P, the payee which states: I, M,
promise to pay P or order the amount of Php1 Million. Signed, M. P negotiated
the note by indorsement to N, then N to O also by indorsement, and O to Q,
again by indorsement. But before O indorsed the note to Q, Os wife wrote the
figure 2 on the note after Php1 without Os knowledge, making it appear
that the note is for Php12 Million. For how much is O liable to Q?
A. Php1 Million since it is the original tenor of the note.
B. Php1 Million since he warrants that the note is genuine and in all respects
what it purports to be.
C. Php12 Million since he warrants his solvency and that he has a good title to
the note.
D. Php12 Million since he warrants that the note is genuine and in all
respects what it purports to be.
52. Notice of dishonor is not required to be made in all cases. One instance
where such notice is not necessary is when the indorser is the one to whom the
instrument is suppose to be presented for payment. The rationale here is that
the indorser
A. already knows of the dishonor and it makes no sense to notify him of
it.
B. is bound to make the acceptance in all cases.
C. has no reason to expect the dishonor of the instrument.
D. must be made to account for all his actions.
53. Eagleson Refillers, Co., a firm that sells water to the public, opposes the
trade name application of Eagleson Laundry, Co., on the ground that such
trade name tends to deceive trade circles or confuse the public with respect to
the water firms registered trade name. Will the opposition prosper?
A. Yes, since such use is likely to deceive or confuse the public.
B. Yes, since both companies use water in conducting their business.
C. No, since the companies are not engaged in the same line of
business.
D. No, since the root word Eagle is a generic name not subject to registration.
54. For a constructive total loss to exist in marine insurance, it is required that
the
person
insured
relinquish
his
interest
in
the
thing
insured.
This
relinquishment must be
A. actual.
B. constructive first and if it fails, then actual.
C. either actual or constructive.
D. constructive.
No,
since
no
protection
extends
to
any
discovery,
even
if
57.
stockholder who exercises his appraisal right regarding the fair value of his
shares, a three-member group shall by majority vote resolve the issue with
finality. May the wife of the withdrawing stockholder be named to the threemember group?
A. No, the wife of the withdrawing shareholder is not a disinterested
person.
B. Yes, since she could best protect her husbands shareholdings.
C. Yes, since the rules do not discriminate against wives.
D. No, since the stockholder himself should sit in the three-member group.
58. Apart from economic rights, the author of a copyright also has moral rights
which he may transfer by way of assignment. The term of these moral rights
shall last
A. during the authors lifetime and for 50 years after his death.
B. forever.
C. 50 years from the time the author created his work.
D. during the authors lifetime.
59.
instrument that 1) it is genuine and true; 2) he has a good title to it; 3) all prior
parties have capacity to negotiate; and 4) it is valid and subsisting at the time of
his indorsement?
A. The irregular indorser.
B. The regular indorser.
C. The general indorser.
D. The qualified indorser.
60.
Where the insurer was made to pay the insured for a loss covered by the
insurance contract, such insurer can run after the third person who caused the
loss through subrogation. What is the basis for conferring the right of
subrogation to the insurer?
A. Their express stipulation in the contract of insurance.
B. The equitable assignment that results from the insurers payment
of the insured.
C. The insureds formal assignment of his right to indemnification to the insurer.
D. The insureds endorsement of its claim to the insurer.
61.
cellphone battery. He applied for and was granted a patent on his device,
effective within the Philippines. As it turns out, a year before the grant of Xs
patent, Y, also an inventor, invented a similar device which he used in his
Will the
suit prosper?
A. No, since the correct remedy for X is a civil action for damages.
B. No, since Y is a prior user in good faith.
C. Yes, since X is the first to register his device for patent registration.
D. Yes, since Y unwittingly used Xs patented invention.
62.
P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit
(MRT) bought two tokens or tickets, one for her ride to work and another for her
ride home. She got to her flower shop where she usually worked from 8 a.m.
to 5 p.m. At about 3 p.m., while P was attending to her duties at the flower shop,
two crews of the MRT got into a fight near the flower shop, causing injuries to P
in the process. Can P sue the MRT for contractual breach as she was within the
MRT premises where she would shortly take her ride home?
A. No, since the incident took place, not in an MRT train coach, but at the
MRT station.
B. No, since P had no intention to board an MRT train coach when the
incident occured.
C. Yes, since she already had a ticket for her ride home and was in the MRTs
premises at the time of the incident.
D. Yes, since she bought a round trip ticket and MRT had a duty while she was at
its station to keep her safe for her return trip.
63.
indorsement on the bill and b) forgery of the drawers signature, which may
either be with acceptance by the drawee, or
A. with acceptance but the bill is paid by the drawee.
B. without acceptance but the bill is paid by the drawer.
C. without acceptance but the bill is paid by the drawee.
D. with acceptance but the bill is paid by the drawer.
64.
insured without the insurers consent, such provision being valid and reasonable,
a violation by the insured
A. reduces the value of the policy.
B. avoids the policy.
C. offsets the value of the policy with the additional insurancess value.
D. forfeits premiums already paid.
65.
66. The rule is that no stock dividend shall be issued without the approval
of stockholders representing at least 2/3 of the outstanding capital stock at a
regular or special meeting called for the purpose. As to other forms of dividends:
A. a mere majority of the entire Board of Directors applies.
B. a mere majority of the quorum of the Board of Directors applies.
C. a mere majority of the votes of stockholders representing the outstanding
capital stock applies.
D. the same rule of 2/3 votes applies.
67. X, at Ys request, executed a Real Estate Mortgage (REM) on his (Xs) land to
secure Ys loan from Z. Z successfully foreclosed the REM when Y defaulted on
the loan but half of Ys obligation remained unpaid. May Z sue X to enforce his
right to the deficiency?
A. Yes, but solidarily with Y.
B. Yes, since Xs is deemed to warrant that his land would cover the whole
obligation.
C. No, since it is the buyer at the auction sale who should answer for the
deficiency.
D. No, because X is not Zs debtor.
68. May a publicly listed universal bank own 100% of the voting stocks in
another universal bank and in a commercial bank?
A. Yes, if with the permission of the Bangko Sentral ng Pilipinas.
B. No, since it has no power to invest in equities.
C. Yes, as there is no prohibition on it.
D. No, since under the law, the 100% ownership on voting stocks must
be in either bank only.
69. Perils of the ship, under marine insurance law, refer to loss which in the
ordinary course of events results from
A. natural and inevitable actions of the sea.
B. natural and ordinary actions of the sea.
C. unnatural and inevitable actions of the sea.
D. unnatural and ordinary actions of the sea.
70.
71. Can a drawee who accepts a materially altered check recover from the
holder and the drawer?
A. No, he cannot recover from either of them.
B. Yes from both of them.
C. Yes but only from the drawer.
D. Yes but only from the holder.
72. The rule is that the intentional cancellation of a person secondarily liable
results in the discharge of the latter. With respect to an indorser, the holders
right to cancel his signature is:
A. without limitation.
B. not limited to the case where the indorsement is necessary to his title.
C. limited to the case where the indorsement is not necessary to his
title.
D. limited to the case where the indorsement is necessary to his title.
73. X, in the hospital for kidney dysfunction, was about to be discharged when
he met his friend Y. X told Y the reason for his hospitalization. A month later, X
applied for an insurance covering serious illnesses from ABC Insurance, Co.,
where Y was working as Corporate Secretary. Since X had already told Y about
his hospitalization, he no longer answered a question regarding it in the
application form. Would this constitute concealment?
A. Yes, since the previous hospitalization would influence the insurer in
deciding whether to grant Xs application.
B. No, since Y may be regarded as ABCs agent and he already knew of Xs
previous hospitalization.
C. Yes, it would constitute concealment that amounts to misrepresentation on
Xs part.
D. No, since the previous illness is not a material fact to the insurance coverage.
74. Several American doctors wanted to set up a group clinic in the Philippines
so they could render modern medical services. If the clinic is to be incorporated
under our laws, what is the required foreign equity participation in such a
corporation?
A. 40%
B. 0%
C. 60%
D. 70%
B. Yes, since it is the corporation that did not pay the tax and it has a personality
distinct from its directors.
C. Yes, since the directors officially and collectively performed acts that are
imputable only to the corporation.
D. No, since the law makes directors of the corporation solidarily liable
for gross negligence and bad faith in the discharge of their duties.
the
owner
of
well-known
mark
registered
in
the
78. A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business
name, A Transport Co., Inc. May this be allowed?
A. No, it would be deceptive since he is a proprietor, not a corporation.
B. No, since A is a generic name, not suitable for registration.
C. Yes, since his line of business is public transportation.
D. Yes, since such name would give his business a corporate identity.
81.
83. Under the Public Service Act, an administrative agency has the power to
approve provisionally the rates of public utilities without a hearing in case of
urgent public needs. The exercise of this power is
A. supervisory.
B. absolute.
C. discretionary.
D. mandatory.
85. A promissory note states, on its face: I, X, promise to pay Y the amount of
Php 5,000.00 five days after completion of the on-going construction of my
house. Signed, X. Is the note negotiable?
A. Yes, since it is payable at a fixed period after the occurrence of a specified
event.
86.
87. P authorized A to sign a bill of exchange in his (Ps) name. The bill reads:
Pay to B or order the sum of Php1 million. Signed, A (for and in behalf of
P). The bill was drawn on P. B indorsed the bill to C, C to D, and D to E. May E
treat the bill as a promissory note?
A. No, because the instrument is payable to order and has been indorsed several
times.
B. Yes, because the drawer and drawee are one and the same person.
C. No, because the instrument is a bill of exchange.
D. Yes, because A was only an agent of P.
88. Z wrote out an instrument that states: Pay to X the amount of Php1 Million
for collection only. Signed, Z. X indorsed it to his creditor, Y, to whom he owed
Php1 million. Y now wants to collect and satisfy Xs debt through the Php1
million on the check. May he validly do so?
A. Yes, since the indorsement to Y is for Php1 Million.
B. No, since Z is not a party to the loan between X and Y.
C. No, since X is merely an agent of Z, his only right being to collect.
D. Yes, since X owed Y Php1 Million.
89. X Shipping, Co., insured its vessel MV Don Teodoro for Php100 Million with
ABC Insurance, Co. through T, an agent of X Shipping. During a voyage, the
vessel accidentally caught fire and suffered damages estimated at Php80
Million. T personally informed ABC Insurance that X Shipping was abandoning
the ship.
Later, ABC insurance denied X Shippings claim for loss on the ground that a
notice of abandonment through its agent was improper. Is ABC Insurance right?
A. Yes, since X Shipping should have ratified its agents action.
B. No, since T, as agent of X Shipping who procured the insurance, can
also give notice of abandonment for his principal.
C. Yes, since only the agent of X Shipping relayed the fact of abandonment.
D. No, since in the first place, the damage was more than of the ships value.
90. A law was passed disqualifying former members of Congress from sitting in
the Board of Directors of government-owned or controlled corporations.
Because of this, the Board of Directors of ABC Corp., a government-owned and
controlled corporation, disqualified C, a former Congressman, from continuing to
sit as one of its members. C objected, however, insisting that under the
Corporation Code members of the board of directors of corporations may only be
removed by vote of stockholders holding 2/3 of its outstanding capital stock in a
regular or special meeting called for that purpose. Is C correct?
A. Yes, since the new law cannot be applied to members of the board of directors
already elected prior to its passage.
B. No, since the disqualification takes effect by operation of law, it is
sufficient that he was declared no longer a member of the board.
91. G, a grocery goods supplier, sold 100 sacks of rice to H who promised to pay
once he has sold all the rice.
92.
acted within the actual limits of his authority. The signature of the agent in such
a case operates as notice that he has
A. a qualified authority to sign.
B. a limited authority to sign.
C. a special authority to sign.
D. full authority to sign.
94. A bill of exchange states on its face: One (1) month after sight, pay to the
order of Mr. R the amount of Php50,000.00, chargeable to the account of Mr. S.
Signed, Mr. T. Mr. S, the drawee, accepted the bill upon presentment by writing
on it the words I shall pay Php30,000.00 three (3) months after sight. May he
accept under such terms, which varies the command in the bill of exchange?
A. Yes, since a drawee accepts according to the tenor of his
acceptance.
B. No, since, once he accepts, a drawee is liable according to the tenor of the
bill.
C. Yes, provided the drawer and payee agree to the acceptance.
D. No, since he is bound as drawee to accept the bill according to its tenor.
95. May the indorsee of a promissory note indorsed to him for deposit file a
suit against the indorser?
A. Yes, as long as the indorser received value for the restrictive
indorsement.
B. Yes, as long as the indorser received value for the conditional indorsement.
C. Yes, whether or not the indorser received value for the conditional
indorsement.
D. Yes, whether or not the indorser received value for the restrictive
indorsement.
96. X issued a check in favor of his creditor, Y. It reads: Pay to Y the amount of
Seven Thousand Hundred Pesos (Php700,000.00). Signed, X. What amount
should be construed as true in such a case?
A. Php700,000.00.
B. Php700.00.
C. Php7,000.00.
D. Php700,100.00.
97. Shipowner X, in applying for a marine insurance policy from ABC, Co., stated
that his vessel usually sails middle of August and with normally 100 tons
of cargo. It turned out later that the vessel departed on the first week of
September and with only 10 tons of cargo. Will this avoid the policy that was
issued?
A. Yes, because there was breach of implied warranty.
B. No, because there was no intent to breach an implied warranty.
C. Yes, because it relates to a material representation.
D. No, because there was only representation of intention.
98. The Articles of Incorporation of ABC Transport Co., a public utility, provides
for ten (10) members in its Board of Directors. What is the prescribed minimum
number of Filipino citizens in its Board?
A. 10
B. 6
C. 7
D. 5
100. The corporate term of a stock corporation is that which is stated in its
Articles of Incorporation. It may be extended or shortened by an amendment of
the Articles when approved by majority of its Board of Directors and:
A. approved and ratified by at least 2/3 of all stockholders.
B. approved by at least 2/3 of the stockholders representing the outstanding
capital stock.
C. ratified by at least 2/3 of all stockholders.
D. ratified by at least 2/3 of the stockholders representing the
outstanding capital stock
Legal Ethics
1. Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the
Arts and Sciences Department of the Far Eastern University. In 2005, he moved
to San Sebastian Institute of Law where he taught Political Law. Is Atty. Mike
exempt from complying with the MCLE for the 4th compliance period in
April 2013?
A. No, since he has yet to complete the required teaching experience
to be exempt.
B. No, because he is not yet a bar reviewer.
C. Yes, since by April 2013, he will have been teaching law for more than 10
years.
D. Yes, since he updated himself in law by engaging in teaching.
within a reasonable time; and they are not privy to or are interested in the deed
he signed.
What is the status of such a notarial acknowledgment?
A. Questionable since the notary public is not shown to personally know the
principal party.
B. Ineffective since it included parties not privy to the deed.
C. Invalid since the evidence of identity is non-compliant with the notarial rules.
D. Valid since it is a manner of establishing the identity of the person
executing the document.
3. Atty. Franciscos retainer agreement with RXU said that his attorneys fees in
its case against CRP shall be 15% of the amounts collected. Atty. Francisco
asked the trial court to issue a temporary restraining order against CRP but this
was denied, prompting him to file a petition for certiorari with the Court of
Appeals to question the order of denial. At this point, RXU terminated Atty.
Franciscos services. When the parties later settled their dispute amicably, CRP
paid RXU P100 million.
claimed a 15% share in the amount. What should be his attorneys fees?
A. Nothing because the compromise came after RXU terminated him.
B. 15% of what CRP paid RXU or P15 million.
C. A reasonable amount that the court shall fix upon proof of quantum
meruit.
D. Nothing since he was unable to complete the work stated in the retainer
contract.
4. Lee became a lawyer in 1988 under a claim that he is a Filipino like his
parents. Efren sought Lees disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an Albay regional trial courts
final judgment in an action to recover real property which mentioned his
citizenship as Filipino. This final judgment resulted in the correction of his birth
records in a separate special proceeding to show he is a Filipino, not Chinese as
there stated. Is Lees claim to Filipino citizenship valid?
A. No, since the mention of his citizenship in the land case was just
incidental.
B. No, since those rulings were not appealed to the Supreme Court.
C. Yes, because the rulings in his favor have become final and executory.
D. Yes, since his parents are Filipinos based on what he said in his bar exam
petition.
5. Sheryl, Erics counsel, once asked for postponement and the court granted it
since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not
to allow any further postponements because his case has been pending for 8
years. When trial resumed, Bernadine moved to reset the trial because of her
infants ailment. What must Sheryl do?
A. Remind the Court that it has the duty to promptly decide the case.
B.
Interpose
no
objection
since
she
too
once
sought
postponement
6.
In a verified complaint, Kathy said that Judge Florante decided a petition for
correction of entry involving the birth record of her grandson, Joshua, who
happened to be child of Judge Florantes daughter, Pilita. Judge Florante insisted
that he committed no wrong since the proceeding was non-adversarial and since
it merely sought to correct an erroneous entry in the childs birth certificate. Is
Judge Florante liable?
A.
Yes,
because
Florante
breached
the
rule
on
mandatory
disqualification.
B. No, because Judge Florante has no pecuniary interest in the proceeding.
C. No, because it is true the proceeding was non-adversarial so it prejudiced no
one.
D. Yes, since the correction in the childs record affects the details of birth of the
child.
8. Raul sought Elys disbarment for notarizing a deed of sale knowing that four
of the sellers were dead. Ely admitted that he notarized the deed of sale but
only after his client assured him that the signatures of the others were
authentic.
Later, Raul moved to have the complaint against him dismissed on the ground
that it was filed because of a misunderstanding which had already been
clarified. This prompted the IBP to recommend the dismissal of the complaint.
Can the dismissal be allowed?
A. No, unless the complainant executes an affidavit of desistance.
B. Yes, since no compelling reason remained to continue with it.
C. Yes, but recall Elys notarial commission since the charge against him seems
meritorious.
D. No, given Elys admission that he notarized the document when
some signatories were absent.
9. When will Atty. Antonios notarial commission expire if he applied for and was
given such commission on 12 November 2010?
A. 31 December 2012
B. 31 December 2011
C. 11 November 2011
D. 11 November 2012
10. Elaine filed a complaint against Fely before their barangay concerning a
contract that they entered into. During conciliation, Fely came with Sarah, who
claimed the right to represent her minor sister. The barangay captain let Sarah
assist her sister. Eventually, the barangay issued a certificate to file action after
the parties failed to settle their differences. When Sarah formally appeared as
lawyer for her sister, Elaine filed an administrative complaint against her for
taking part in the barangay conciliation and preventing the parties from taking
meaningful advantage of the same. Is Sarah liable?
A. No, because she has to represent her sister who was a minor.
B. No, because the Court can always dismiss the case without prejudice to a
genuine conciliation.
C. Yes, because what Sarah did was deceitful and amounts to fraud.
D. Yes, because as a lawyer, she is absolutely forbidden to appear in
barangay conciliations.
11. Which of the following will subject Atty. Lyndon, a Manila notary public, to
sanctions under the notarial rules?
A. Notarizing a verification and certification against forum shopping in
Manila Hotel at the request of his Senator-client.
B. Refusing to notarize an extra-judicial settlement deed after noting that Ambo,
a friend, was delisted as heir when he was in fact one.
C. Performing signature witnessing involving his brother-in-law and
recording it in his register.
D. Notarizing a deed of sale for someone he knew without requiring any proof of
identity.
12.
13. On appeal, RTC Judge Rudy affirmed the MTCs conviction of Lorna for
violation of the bouncing checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon Lornas motion and after
ascertaining that her counsel never received the courts decision, Judge Rudy
recalled the entry of judgment in the case, reversed himself, and absolved Lorna
of guilt. Claiming an unjust judgment, Agnes filed an administrative complained
against Judge Rudy, saying that it is plain from the circumstances that he
connived with Lorna, her counsel, and the handling prosecutor. But she offered
no further evidence. Rudy denied the charges and asserted that any error in his
judgment is correctible only by an appeal, not by an administrative suit. Should
Judge Rudy be disciplined?
A. No, because Agnes complaint is merely based on suspicions
and speculations.
B. No, because Agnes has yet to establish that Rudys decision is plainly
erroneous.
C. Yes, because he gravely abused his discretion in recalling the entry of
judgment.
D. Yes, because reconsidering the judgment of conviction that the MTC and he
earlier issued shows anomaly in Judge Rudys action.
14. After Atty. Benny got a P2 million final judgment in his clients favor, he
promptly asked the court, without informing his client, to allow him a charging
lien over the money in the amount of P500,000, his agreed fees, The Court
issued a writ of execution for the whole judgment in Atty. Bennys name with an
order for him to turn over the excess to his client. Is Atty. Bennys action
correct?
15. On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as
private counsel for a year with the consent of the Office of the Government
Corporate Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD
between faction A and faction B. Siding with the first, Atty. Chito filed several
actions against the members of faction B. Eventually, the court upheld Faction
B which thus revoked Atty. Chitos retainer on 14 January 2007. With OGCCs
approval, NWD hired Atty. Arthur in his place. When Atty. Arthur sought the
dismissal of the actions that Atty. Chito had instituted, the latter objected on the
ground that his term had not yet expired and Atty. Arthur had no vacancy to fill
up. Is Atty. Chito right?
A. No, because Atty. Chitos continued appearances in the cases was
without authority since 14 January 2007.
B. No, because Atty. Arthur would have violated the rule on forum shopping.
C. Yes, because Atty. Chitos retainer and authority remained valid until 17
April 2006.
D. No, because Atty. Chito has the duty to expose the irregularities committed
by the members of Faction B.
16.Noel and Emily who were involved in a road accident sued Ferdie, the driver
of the other car, for damages. Atty. Jose represented only Noel but he called
Emily to testify for his client. During direct examination, Emily claimed that her
injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose did
not contest such claim. Ferdie later sued Emily for giving false testimony since
her own doctors report contradicted it. He also sued Atty. Jose for foisting a
false testimony in court. Is Atty. Jose liable?
A. No, because he did not knowingly arrange for Emily to lie in court.
B. Yes, because he did not advise his client to settle the case amicably.
C. No, because Emily did not permit him to reveal the falsity to the court.
D. Yes, because he knowingly let Emilys false testimony pass for truth.
17. In settling his clients claims, Atty. Cruz received from the adverse party
P200,000 in cash for his client. Which of the following is an IMPROPER way for
Atty. Cruz to handle the money?
A. Ask his client to prepare a check for his fees for swapping with the cash.
B. Deposit the cash in his own bank account and later issue his
personal check to his client, less his fees.
C. Turn over the cash to his client with a request that the latter pay him his fees.
D. Tell his client about the settlement and the cash and wait for the clients
instructions.
18. Judge Cristina has many law-related activities. She teaches law and delivers
lectures on law. Some in the government consult her on their legal problems.
She also serves as director of a stock corporation devoted to penal reform,
where she participates in both fund raising and fund management. Which of the
following statements applies to her case?
A. She should not engage in fund raising activities.
B. Her activities are acceptable except the part where she is involved in fund
management.
C. She can teach law and deliver lectures on law but not do the other
things.
D. All of her activities are legal.
19.
C. the existence of independent and impartial tribunals that have the support of
its government.
D. judges who are learned in law and jurisprudence.
20. After representing Lenie in an important lawsuit from 1992 to 1995, Atty.
Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against Lenie. Such action involved certain
facts, some confidential, to which Atty. Jennifer was privy because she handled
Lenies old case. Can Atty. Jennifer act as counsel for Evelyn?
A. No, but she can assist another lawyer who will handle the case.
B. Yes, but she must notify Lenie before accepting the case.
C. No, because her duty to keep the confidences of previous clients
remains.
D. Yes, but she cannot reveal any confidential information she previously got.
22.
In what documented act will a notary publics failure to affix the expiration
23.
Provincial
Governors
and
Municipal
Mayors
who
are
lawyers
are
24. A difficult client directed his counsel to bring up to the Supreme Court the
trial courts dismissal of their action. Counsel believes that the trial court acted
correctly and that an appeal would be futile. Which of the following options
should counsel take?
A. Withdraw from the case to temper the clients propensity to litigate.
B. Engage a collaborating counsel who can assist in the case.
C. Submit a new retainer proposal to the client for a higher fee.
D. Elevate the case to the Supreme Court as directed by client.
25. Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC
clerk of court, if the case records have already been remanded to the MTC as
the Court of Appeals directed.
yet received a certified copy of the Court of Appeals decision. When Lisa
suggested that Atty. Anthony first secure such a copy, the latter scolded her.
Shamed by this, Lisa filed a disciplinary action against him for encroaching on
the work of the lawyers of record. Anthony defends his follow-up action by
claiming good faith and the possibility of entering his appearance later. Is
Anthony liable for his record follow up?
A. Yes, because he did not inform Lisa of the basis of his interest in the case.
B. Yes, because none of the parties to the case authorized him to do
such follow- up.
C. No, because he acted in good faith with a view to a possible retainer.
D. No, because following up the records of any case does not constitute practice
of law.
27.When does the initial MCLE compliance period of a newly admitted member
of the bar begin?
A. On the first day of the month of his admission.
B. On the tenth day of the month of his admission.
C. On the third year after his admission as member.
D. On the first year of the next succeeding compliance period.
28.
29. Atty. Melissa witnessed the car accident that resulted in injury to Manny, a
friend of hers. While visiting him at the hospital, she advised him about what
action he needed to take regarding the accident. Is Atty. Melissa subject to
disciplinary action if she eventually handles the case for him?
A. No, because Melissa did not directly volunteer her services.
B. No, because Manny happened to be a friend.
C. Yes, she engaged in typical ambulance chasing.
D. Yes, because she should have offered her services for free.
30. A Court Administrators auditing team found that Judge Ruby used business
cards which stated, in addition to her official title as presiding judge of her court,
that she is bar topnotcher, her law schools class valedictorian, and one of
the most sought after private law practitioners before she joined the judiciary,
all of which are true. Asked to explain this seeming impropriety, Ruby pointed
out that business cards can include the persons title which is broad enough to
include in her case her standing in the bar and all the honors she earned. Did
Ruby commit an impropriety?
A. Yes, unless the cards were given to her as a gift.
B. No, because all she stated in her business cards are true.
C. Yes, because she showed a hunger for publicity and recognition that
debases her judicial post.
D. No, because she is free to include in her business cards details that say who
she is.
31.
consequences of his plea of not guilty to the charge. Before trial could be held,
however, the presiding judge died. As it happened, Atty. Mamerto was appointed
judge and Johns case was assigned to him by raffle. John quickly moved for the
judges disqualification. Is Judge Mamerto under obligation to inhibit himself
from the case?
A. No, because his service to John was just momentary.
B. Yes, because his knowledge of Johns case affects his judgment.
C. No, because he was merely a counsel de oficio.
D. Yes, because he served as Johns counsel.
32.
Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for
Myras competent evidence of identity, she explained that she does not have
any current identification document nor could she get one soon. Instead, she
presented her friend, Alex, who showed Atty. Elma his drivers license and
confirmed her Myras identity. Is Alexs identification of Myra valid?
A. Yes, provided Alex states in the deed of sale that he knew Myra personally.
B. No, Myra needs to produce a valid identification document of
herself.
C. No, since Alex is not himself a party to the document.
D. Yes, since Alex had a valid identification document.
33.
Atty.
Eliseo
represented
Allan
in
collection
suit
against
the
No,
because
he
cannot
appear
against
government
C. No, because he works on his private case at the sacrifice of public service.
D. Yes, because he does not appear in the case as a municipal official.
35. What is the method of national inquiry into the conduct of Supreme Court
magistrates?
A. Administrative investigation.
B. Disqualification.
C. Impeachment.
D. Disbarment.
36. What unhealthy attitude of mind should a judge avoid falling into?
A. Hearing and adjudicating cases is an important job.
B. Courts are made for litigants.
C. Litigants are made for the courts.
D. Courts should dispose of their cases on time.
37. After hearing in a sensational criminal case, counsel for the accused told
television viewers how the judge unfairly ruled to stop his witness from
testifying fully about certain aspects of the case that would help the accused.
Counsel said that the public should know the injustice to which his client was
being subjected. Can counsel be disciplined for his utterances?
A. Yes, because rather than defend the judicial system as was his duty, he
attacked it.
B. No, since counsel did not use obscene language.
C. No, so long as counsel did not knowingly make false statements or
act in reckless disregard of truth.
D. Yes, even if the judge may have actually made unfair rulings in the course of
trial.
38. Which of the following is required of counsel when withdrawing his services
to a client in a case?
A. Counsels desire to withdraw, expressed in his motion.
B. Payment of withdrawal fee.
C. Opposing counsels conformity to the withdrawal.
D. Clients written consent filed in court.
39. Which of the following demonstrates the lawyers duty to give the court the
respect it deserves?
A. Counsel consistently appearing in court on time.
B. Counsel obeying courts orders and processes.
C. Woman counsel appearing in court dressed in business attire.
D. Counsel addressing the court as Your Honor at all times.
40. Atty. Arthur agreed to represent Patrick in a personal injury case after the
latter signed a retainer agreement for a 33% fee contingent on their winning the
case. In the course of trial, Patrick dismissed Atty. Arthur after he presented
their evidence in chief and engaged Atty. Winston another lawyer. They lost the
case. What fee would Atty. Arthur be entitled to?
A. Thirty three percent of the fee actually paid to Winston.
B. The reasonable value of his services.
C. A flat hourly rate for the time he invested in the case.
D. Absolutely nothing.
41. Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which
she was involved by giving her legal advice and preparing a complaint that she
eventually filed in court under her own signature. When the lawyer for the
defendant learned of it, he told Ronnie to desist from practicing law. But he
disputed this, claiming that he had not practiced law since he did not receive
compensation from Beth for his help. Is Ronnie correct?
A. Yes, because he could as a paralegal provide competent legal help to
litigants.
B. Yes, for so long as he did not sign the complaint or appeared as Beths lawyer.
C. No, unless Beth was ill-advised in filing her complaint in court.
D. No, because receipt of compensation is not the sole determinant of
legal practice.
43. To whom may the Supreme Court refer complaints against lawyers for
investigation?
A. Integrated Bar of the Philippines.
B. Office of the Bar Confidant.
C. Judicial and Bar Council.
D. Office of the Court Administrator.
44. After several years as a private practitioner, Ben got appointed as Regional
Trial Court judge. Five years after his appointment, he received summons
45.
the Supreme Court already decided in favor of the validity of the Executive
Order that created the Truth Commission upon a vote of 13-2. But, as it turned
out, the Court actually rendered an adverse decision only on December 7, and
upon a vote of 10-5. Asked to explain his misleading article, Patrick said that his
constitutionally protected right to free expression covered what he wrote. Can
the Court cite Patrick for contempt?
A. Yes, because his article obstructs and degrades the administration
of justice.
B. No, because the right to free expression occupies a high rank in the hierarchy
of cherished rights.
C. No, because courts must simply ignore public opinion and the media when
rendering decisions.
D. Yes, because he wrote a lie in his column.
46. Atty. Ramon borrowed his clients (Menchu) land title. After eight months,
Menchu demanded its return but he failed to comply and changed his residence.
After Menchu tracked him down, she confronted him about the title. He then
offered to just buy the property and gave her five checks for it but these
bounced. Charged with malpractice, Atty. Ramon answered that his license to
practice law cannot be in issue. He merely incurred civil liability for a failed
transaction. Will the malpractice action prosper?
A. No, because his failure to pay his obligation only makes him civilly liable.
B. No, since Menchu did not transact business with Atty. Ramon as a lawyer.
C. Yes, because it is professionally reprehensible for a lawyer to be unavailable
to a person in need.
D. Yes, he having taken advantage of Menchu who was not fully
protected and had no independent advice.
47. Atty. Alfredo Prado appeared in a case as legal officer of the Land
Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo
Prado from his province who had been dead for years. When Atty. Armando
checked with the Supreme Court, only one Alfredo Prado was in the roll of
attorneys. What action can Atty. Armado take against Vicente who had taken a
dead lawyers identity?
A. File direct contempt action against Vicente for deceiving the court.
B. Criminally prosecute Vicente for estafa for making money upon false
pretense.
C. Criminally prosecute Vicente for theft of Alfredos identity and law practice.
D. Institute a disbarment case against Vicente for misrepresenting himself as
lawyer.
48. After the prosecution cross-examined Shiela, a witness for the accused,
Judge Pedro asked her ten additional questions that were so intense they made
her cry. One question forced Sheila to admit that her mother was living with
another man, a fact that weighed on the case of the accused. This prompted the
latters counsel to move to expunge the judges questions for building on the
prosecutions case. Judge Pedro denied the motion, insisting that bolstering a
partys case is incidental to the courts desire to be clarified. Did Pedro commit
an impropriety?
A. No, his ten questions could not be considered an undue intervention.
B. No, because the judge is free to inquire into any aspect of the case that would
clarify the evidence for him.
C. Yes, because he effectively deprived the defense of its right to due
process when he acted both as prosecutor and judge.
D. Yes, because nothing connects his desire to be clarified with the questions he
asked.
Labor Law
1. The unions by-laws provided for burial assistance to the family of a member
who dies. When Carlos, a member, died, the union denied his wifes claim for
burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming
the wife wins the case, may she also claim attorneys fees?
A. No, since the legal services rendered has no connection to CBA negotiation.
B. Yes, since the union should have provided her the assistance of a lawyer.
C. No, since burial assistance is not the equivalent of wages.
D. Yes, since award of attorneys fee is not limited to cases of
withholding of wages.
3. The Labor Code on retirement pay expands the term one-half () month
salary because it means
A. 15 days pay plus 1/12th of the 13th month pay and 1/12th of the cash value
of service incentive leave.
B. 15 days pay plus 1/12th of the 13th month pay and the cash
equivalent of five days service incentive leave.
C. 15 days pay plus a full 13th month pay.
D. 15 calendar days pay per year of service plus allowances received during the
retirement year.
In
highly
technical
industries,
apprenticeship
can
exceed
7. Venus Department Store decided to contract out the security services that
its 10 direct-hired full-time security guards provided. The company paid the men
separation pay. With this move, the Store was able to cut costs and secure
efficient outside professional security services.
guards complained of illegal dismissal, claiming that regular jobs such as theirs
could not be contracted out. Will their complaint prosper?
A. No. the management has the right to contract out jobs to secure
efficient and economical operations.
B. Yes. They should be reinstated or absorbed by the security agency as its
employees.
C. No. They are estopped from demanding reinstatement after receiving their
separation pay.
D. Yes. The company cannot contract out regular jobs such as they had.
9. A golf and country club outsourced the jobs in its food and beverage
department and offered the affected employees an early retirement package of
1 months pay for each year of service. The employees who accepted the
package
executed
quitclaims.
Thereafter,
employees
of
service
with other job contractors to provide other services like the maintenance of
physical facilities, golf operations, and administrative and support services.
Some of the separated employees who signed quitclaims later filed complaints
for illegal dismissal.
Were they validly dismissed?
11. Under the Labor Code, its provisions on working conditions, including the
eight-hour work day rule, do not apply to domestic helpers. Does it follow from
this that a domestic helpers workday is not limited by law?
A. No, since a domestic helper cannot be required to work more than
ten hours a day.
B. Yes, since a domestic helpers hours of work depend on the need of the
household he or she works for.
C. No, because a domestic helper is legally entitled to overtime pay after ten
hours of work.
D. Yes, a domestic helper may be required to work twelve hours a day or
beyond.
12. Under the Labor Code on Working Conditions and Rest Periods, a person
hired by a high company official but paid for by the company to clean and
maintain his staff house is regarded as
A. a person rendering personal service to another.
B. a regular company employee.
C. a family member.
D. domestic helper.
13. The union filed a notice of strike due to a bargaining deadlock. But, because
the Secretary of Labor assumed jurisdiction over the dispute, the strike was
averted. Meanwhile, the employer observed that the union engaged in a work
slowdown. Contending that the slowdown was in fact an illegal strike, the
employer dismissed all the union officers. The union president complained of
illegal dismissal because the employer should first prove his part in the
slowdown. Is the union president correct?
A. Yes, since the employer gave him no notice of its finding that there was a
slowdown.
B. Yes. The employer must prove the union presidents part in
slowdown.
C. No. When a strike is illegal, the management has the right to dismiss the
union president.
D. No. As the union president, it may be assumed that he led the slowdown.
14. The existing collective bargaining unit in Company X includes some fifty
secretaries and clerks who routinely record and monitor reports required by
their department heads. Believing that these secretaries and clerks should not
be union members because of the confidential nature of their work, the
Is the
15. Jose Lovina had been member of the board of directors and Executive Vice
President of San Jose Corporation for 12 years. In 2008, the San Jose
stockholders did not elect him to the board of directors nor did the board
reappoint him as Executive Vice President.
complaint with a Labor Arbiter.
no jurisdiction over the case since Lovina was not an employee, the company
filed a motion to dismiss. Should the motion be granted?
A. No, the Labor Arbiter has jurisdiction over all termination disputes.
B. Yes, it is the NLRC that has jurisdiction over disputes involving corporate
officers.
C. No, a motion to dismiss is a prohibited pleading under the NLRC Rules
of Procedure.
D. Yes, jurisdiction lies with the regular courts since the complainant
was a corporate officer.
C. basic salary plus the increases mandated by wage orders issued during the
pendency of his case.
D. basic salary at the time of dismissal.
17. The meal time (lunch break) for the dining crew in Glorious Restaurant is
either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the
management wants to change the mealtime to 11: a.m. to 12 noon or 12:30
p.m. to 1:30 p.m., without pay. Will the change be legal?
A. Yes, absent an agreement to the contrary, the management
determines work hours and, by law, meal break is without pay.
B. No, because lunchbreak regardless of time should be with pay.
C. Yes, the management has control of its operations.
D. No, because existing practice cannot be discontinued unilaterally.
18. The employees union in San Joaquin Enterprise continued their strike
despite a return to work order from the Secretary of Labor. Because of this
defiance, the employer dismissed the strikers. But the Labor Arbiter declared as
illegal the dismissal of those whose commission of unlawful acts had not been
proved. They were ordered immediately reinstated. The employer refused,
however, to reinstate them on the ground that the rule on immediate
reinstatement applies only to terminations due to just or authorized causes. Is
the employers refusal justified?
A. No, every employee found to have been illegally dismissed is
entitled to immediate reinstatement even pending appeal.
B. Yes. The employers refusal is legal and justified as a penalty for defying the
secretarys lawful order.
C. Yes, the rule on immediate reinstatement does not apply to employees who
have defied a return-to-work order.
D. No. The dismissal of the employees was valid; reinstatement is unwarranted.
19. Llanas Corporation and Union X, the certified bargaining agent of its
employees, concluded a CBA for the period January 1, 2000 to December
31, 2004. But, long before the CBA expired, members of Union Y, the minority
union, showed dissatisfaction with the CBA under the belief that Union X was
a company union. Agitated by its members, Union Y filed a petition for
a Certification Election on December 1, 2002. Will the petition prosper?
A. No, such a petition can only be filed within the freedom period of the
CBA.
B. No, since a petition for certification can be filed only upon the expiration of
the CBA.
C. Yes, a certification is the right remedy for ousting a company union.
D. Yes, employees should be allowed to cancel at the earliest opportunity a
CBA that they believed was obtained by a company union.
20. Is it correct to say that under Philippine law a househelper has no right to
security of tenure?
A. No, since a househelper can be dismissed only for just cause or
when his agreed period of employment ends.
B. Yes, since it is the employer who determines the period of his service.
C. Yes, since a househelper can be dismissed with or without just cause.
D. No, since a househelper can be dismissed only for just cause, except when he
has been employed for a definite period not exceeding one year.
B. Yes, since they receive training from the pharmaceutical companies regarding
the products they will promote.
C. No, since they are bound by the agency agreement between Reach-All and
the pharmaceutical companies.
D. Yes, since Reach-All does does not qualify as independent contractoremployer, its clients being the source of the employees salaries.
22. Executive Order No. 180, which protects government employees, does
NOT apply to high-level employees, namely,
A. presidential appointees.
B.
those
performing
policy-determining
functions,
excluding
confidential
23. In the case of a househelper, reinstatement is not a statutory relief for unjust
dismissal because of the confidentiality of his or her job.
Instead, the
24. The CBA for the period January 2007 to December 2009 granted the
employees a P40 per day increase with the understanding that it is creditable as
compliance to any future wage order. Subsequently, the regional wage board
increased by P20 the minimum wage in the employers area beginning
January 2008. The management claims that the CBA increase may be
considered compliance even if the Wage Order itself said that CBA increase is
25. When an employee works from 8 a.m. to 5 p.m. on a legal holiday falling on
his rest day, which of the following formulas do you use to compute for his days
wage on that day?
A. His regular daily wage multiplied by 200% plus 30% of the 200%
B. His regular daily wage multiplied by 200%
C. His regular daily wage plus 200%
D. His daily regular wage
26. The employees rights to organize and to bargain collectively are means of
exercising the broader right to participate in policy or decision-making
processes. The employees right to participate in policy and decision making
processes is available
A. if a labor-management council exists.
B. if a labor-management council does not exist.
C. if a union exists and it agrees to the creation of a labor-management council.
D. whether or not a labor-management council exists.
27. If not used by the end of the year, the service incentive leave shall be
A. carried over to the next year.
B. converted to its money equivalent.
C. forfeited.
D. converted to cash and paid when the employee resigns or retires.
31. Celia, an OFW that Moonshine Agency recruited and deployed, died in Syria,
her place of work. Her death was not work-related, it appearing that she had
been murdered.
the agency took no action to ascertain the cause of death and treated the
matter as a closed case. The workers family sued both the employer and the
agency for moral and exemplary damages. May such damages be awarded?
A. Yes, the agency and the employers uncaring attitude makes them
liable for such damages.
B. Yes, but only the principal is liable for such damages since the agency had
nothing to do with Celias death.
C. No, since her death is not at all work-related.
D. No, since her death is not attributable to any act of the agency or the
employer.
32. When the employer or his representative hurls serious insult on the honor or
person of the employee, the law says that the employee
A. may leave work after at least a five-day notice to the employer.
B. may leave work at any time and file for constructive dismissal.
C. may leave work without giving a 30-day notice to the employer.
D. may abandon his job at once.
Did it
34. Piece rate employees are those who are paid by results or other non-time
basis. As such they are NOT entitled to overtime pay for work done beyond eight
hours if
A. their workplace is away from the companys principal place of work.
B. they fail to fill up time sheets.
C. the product pieces they do are not countable.
D. the piece rate formula accords with the labor departments
approved rates.
35. An employer may require an employee to work on the employees rest day
A. to avoid irreparable loss to the employer.
B. only when there is a state of calamity.
C. provided he is paid an extra of at least 50% of his regular rate.
D. subject to 24-hour advance notice to the employee.
36. The State has a policy of promoting collective bargaining and voluntary
arbitration as modes of settling labor disputes. To this end, the voluntary
arbitrators
jurisdiction
has
not
been
limited
to
interpretation
and
37. Philworld, a POEA-licensed agency, recruited and deployed Mike with its
principal, Delta Construction Company in Dubai for a 2-year project job. After he
had worked for a year, Delta and Philworld terminated for unknown reason their
agency agreement. Delta stopped paying Mikes salary. When Mike returned to
the
Philippines,
he
sued
both
Philworld
and
Delta
for
unpaid
salary
A. No, since Philworld, the recruitment agency, is not the employer liable for
unpaid wages.
B. Yes, since the agency is equally liable with the foreign principal
despite the termination of their contract between them.
C. Yes, since the law makes the agency liable for the principals malicious refusal
to pay Mikes salary.
D. No, since Mike did not get paid only after Delta and Philworld terminated their
contract.
38. Melissa, a coffee shop worker of 5 months, requested her employer for 5
days leave with pay to attend to the case that she filed against her husband for
physical assault two weeks earlier. May the employer deny her request for leave
with pay?
A. Yes, the reason being purely personal, approval depends on the employers
discretion and is without pay.
B. No, as victim of physical violence of her husband, she is entitled to
five days paid leave to attend to her action against him.
C. No, the employer must grant the request but the leave will be without pay.
D. Yes, since she is not yet a permanent employee.
39. Quiel, a househelper in the Wilson household since 2006, resigned from his
job for several reasons. One reason was the daily 12-hour workday without any
rest day. When he left his job he had unpaid wages totaling P13,500.00 which
his employer refused to pay. He wants to claim this amount though he is not
interested in getting back his job. Where should he file his claim?
A. He should file his claim with the DSWD, which will eventually endorse it to the
right agency.
B. Since he has no interest in reinstatement, he can file his claim with the office
of the regional director of the Department of Labor.
C. He should file his claim exceeding P5,000.00 with the office of the
labor arbiters, the regional arbitrators representing the NLRC.
D. He should go to the Employees Compensation Commission.
40. For labor, the Constitutionally adopted policy of promoting social justice in
all phases of national development means
A. the nationalization of the tools of production.
B. the periodic examination of laws for the common good.
C. the humanization of laws and equalization of economic forces.
D. the revision of laws to generate greater employment.
41. To avail himself of paternity leave with pay, when must the male employee
file his application for leave?
A. Within one week from the expected date of delivery by the wife.
B. Not later than one week after his wifes delivery or miscarriage
C. Within a reasonable time from the expected deliver date of his wife.
D. When a physician has already ascertained the date the wife will give birth.
44. Of the four grounds mentioned below, which one has been judicially affirmed
as justification for an employees refusal to follow an employers transfer order?
A. A transfer to another location is not in the employees appointment paper.
B. The transfer deters the employee from exercising his right to selforganization.
C. The transfer will greatly inconvenience the employee and his family.
D. The transfer will result in additional housing and travel expenses for the
employee.
45. Of the four definitions below, which one does NOT fit the definition of solo
parent under the Solo Parents Welfare Act?
A. Solo parenthood while the other parent serves sentence for at least one year.
B. A woman who gives birth as a result of rape.
C. Solo parenthood due to death of spouse.
D. Solo parenthood where the spouse left for abroad and fails to give
support for more than a year.
46. Albert and four others signed employment contracts with Reign Publishers
from January 1 to March 31, 2011 to help clear up encoding backlogs. By first
week of April 2011, however, they remained at work.
On June 30 Reigns
manager notified them that their work would end that day. Do they have valid
reason to complain?
A. No, since fixed term employment, to which they agreed, is allowed.
B. Yes, their job was necessary and desirable to the employers business and,
therefore, they are regular employees.
C. Yes, when they worked beyond March without an extended fixed
term employment contract, they became regular employees.
D. No, since the 3-month extension is allowed in such employment.
48.
The
Secretary
of
Labor
and
Employment
or
his
duly
authorized
49. In industrial homework, the homeworker does at his home the work that his
employer requires of him, using employer-supplied materials. It differs from
regular factory work in the sense that
A. the workers are not allowed to form labor organizations.
B. the workers pay is fixed by informal agreement between the workers and
their employer.
C. the workers are under very little supervision in the performance or
method of work.
D. the workers are simply called homeworkers, not employees, hence not
covered by the social security law.
50. Which of the following grounds exempts an enterprise from the service
incentive leave law?
52. In computing for 13th month pay, Balagtas Company used as basis both the
employees regular base pay and the cash value of his unused vacation and sick
leaves. After two and a half years, it announced that it had made a mistake and
was discontinuing such practice. Is the management action legally justified?
A. Yes, since 13th month pay should only be one-twelfth of the regular pay.
B.
No,
since
the
erroneous
computation
has
ripened
into
an
53.
Where
the
petition
for
certification
election
in
an
unorganized
54. Under the Limited Portability law, funds from the GSIS and the SSS maybe
transferred for the benefit of a worker who transfers from one system to the
other. For this purpose, overlapping periods of membership shall be
A. credited only once.
B. credited in full.
C. proportionately reduced.
D. equally divided for the purpose of totalization.
55. Of the four tests below, which is the most determinative of the status of a
legitimate contractor-employer?
A. The contractor performs activities not directly related to the principals main
business.
B. The contractor has substantial investments in tools, equipment, and other
devices.
C. The contractor does not merely recruit, supply, or place workers.
D. The contractor has direct control over the employees manner and
method of work performance.
56. X Companys CBA grants each employee a 14th month year-end bonus.
Because the company is in financial difficulty, its head wants to negotiate the
discontinuance of such bonus. Would such proposal violate the nondiminution
rule in the Labor Code?
A. No, but it will certainly amount to negotiating in bad faith.
B. Yes since the rule is that benefits already granted in a CBA cannot be
withdrawn or reduced.
C. No, since the law does not prohibit a negotiated discontinuance of a
CBA benefit.
D. Yes, since such discontinuance will cancel the enjoyment of existing benefits.
A. while overtime pay is given for overtime work done during day or
night, night differential is given only for work done between 10:00 p.m.
and 6:00 a.m.
B. while overtime pay is paid to an employee whether on day shift or night shift,
night shift differential is only for employees regularly assigned to night work.
C. while overtime pay is for work done beyond eight hours, night differential is
added to the overtime pay if the overtime work is done between 6:00 p.m. and
12 midnight.
D. while overtime pay is 25% additional to the employees hourly regular wage,
night differential is 10% of such hourly wage without overtime pay.
58. Differentiate a labor organization from a legitimate labor organization.
A.
While
the
employees
themselves
form
labor
organization,
59. The negotiating panels for the CBA of X Company established a rule that
only employees of the company will seat in each panel. In the next session, the
management panel objected to the presence of the union counsel. Still the
negotiation proceeded. At the next session, the management panel again
objected to the presence of the union counsel as a non-observance of the no
outsider rule. The negotiation nonetheless proceeded. Does the management
panels objection to the presence of the union counsel constitute unfair labor
practice through bad-faith bargaining?
60. Which of the following acts is NOT part of the regulatory and visitorial power
of the Secretary of Labor and Employment over recruitment and placement
agencies? The power to
A. order arrest of an illegal recruiter
B. inspect premises, books and records
C. cancel license or authority to recruit
D. garnish recruiters bond
61. Where there is a bargaining deadlock, who may file a notice of strike?
A. The majority members of the bargaining unit.
B. The recognized bargaining agent.
C. Any legitimate labor organization in the employers business.
D. The majority members of the bargaining union.
62. When a recruitment agency fails to deploy a recruit without valid reason and
without the recruits fault, the agency is obligated to
A. reimburse the recruits documentary and processing expenses.
B. reimburse the recruits expenses with 6% interest.
C. pay the recruit damages equivalent to one years salary.
D. find another employer and deploy the recruit within 12 months.
A. The recruiter demands and gets money from the recruit but issues no receipt.
B. The recruiter gives the impression that he is able to send the recruit
abroad.
C. The recruiter has insufficient capital and has no fixed address.
D. The recruiter has no authority to recruit.
65. Which is NOT a guideline for the dismissal of an employee on the ground
of loss of confidence?
A. Loss of confidence may not be arbitrarily invoked in the face of overwhelming
evidence to the contrary.
B. Loss of confidence as cause of dismissal should be expressly
embodied in written company rules.
C. The employee holds a position of trust and confidence.
D. Loss of confidence should not be simulated nor a mere afterthought to justify
earlier action taken in bad faith.
66. Pedring, Daniel, and Paul were employees of Delibakery who resigned from
their jobs but wanted to file money claims for unpaid wages and 13th month
pay.
Pedrings
claim
totals
P20,000.00,
Daniels
P3,000.00,
and
Pauls
P22,000.00. Daniel changed his mind and now also wants reinstatement
because he resigned only upon the instigation of Pedring and Paul.
Where
67. In a scenario like typhoon Ondoy, who may be required by the employer to
work overtime when necessary to prevent loss of life or property?
A. Health personnel
B. Employees with first aid training
C. Security and safety personnel
D. Any employee
68. The management and Union X in Atisan Mining entered into a CBA for 1997
to 2001. After 6 months, a majority of the members of Union X formed Union Y
and sought management recognition. The latter responded by not dealing with
either union. But, when the CBAs economic provisions had to be renegotiated
towards the end of the term of the CBA, the management chose to negotiate
with Union Y, the newer union. Thus, Union X which negotiated the existing CBA
charged the company with unfair labor practice (ULP). The company argued that
it committed no unfair labor practice since the supposed violation had nothing
to do with economic provisions of the CBA. Is the management right?
A. No. Refusal to comply with the CBAs economic provisions is not the
only
B. Yes. No unfair labor practice was committed because the supposed violation
has nothing to do with economic provisions of the CBA.
C. Yes. The management commits no ULP when it decided to renegotiate with
the numerically majority union.
D. Yes. A CBA violation amounts to ULP only if the violation is gross,
meaning flagrant or malicious refusal to comply with the CBAs economic
provisions which is not the case here.
70. The Securities and Exchange Commission approved a merger that allowed
Broad Bank to absorb the assets and liabilities of EBank.
Broad Bank was unionized but EBank was not. The Broad Bank
bargaining.
71. The employer must observe both substantive and procedural due process
when dismissing an employee. If procedural due process is not observed, the
dismissal will be regarded as
A. defective; the dismissal process has to be repeated.
B. an abuse of employers discretion, rendering the dismissal void.
C. ineffectual; the dismissal will be held in abeyance.
D. legal and valid but the employer will be liable for indemnity.
72. Mario, an expert aircon technician, owns and manages a small aircon repair
shop with little capital. He employs one full-time and two part-time technicians.
When they do repair work in homes or offices, their clients do not tell them how
to do their jobs since they are experts in what they do. The shop is shabby,
merely rented, and lies in a small side street.
73. How often should the collected service charges be distributed to employees
in hotels and restaurants?
A. Every end of the month
B. Every two weeks
C. Every week
D. At the end of each work day
75. During the CBA negotiation the management panel proposed a redefinition
of the rank-and-file bargaining unit to exclude HR Specialist in the human
resource
department
and
Analyst
in
the
research
and
development
department. The union panel objected since those affected have already been
included in the bargaining unit covered by the existing CBA and so could no
longer be excluded. Is the union correct in insisting that their exclusion would
amount to bad faith on the part of the management panel?
A. No, efforts to modify an existing CBA do not constitute bad faith if such
modification does not diminish employment benefits.
B. Yes, the proposed exclusion amounts to managements violation of its duty to
bargain because it disregards the bargaining history between the parties.
C. Yes, once the coverage of the bargaining unit has been contractually defined,
it can no longer be redefined.
D. No, bargaining history is not the only factor that determines the
coverage
of the
bargaining
unit;
seeking
its
redefinition
is
not
Taxation Law
1. A municipality may levy an annual ad valorem tax on real property such as
land, building, machinery, and other improvement only if
A. the real property is within the Metropolitan Manila Area.
B. the real property is located in the municipality.
C. the DILG authorizes it to do so.
D. the power is delegated to it by the province.
2. Anne Lapada, a student activist, wants to impugn the validity of a tax on text
messages. Aside from claiming that the law adversely affects her since she
sends messages by text, what may she allege that would strengthen her claim
to the right to file a taxpayers suit?
A. That she is entitled to the return of the taxes collected from her in case the
court nullifies the tax measure.
B. That tax money is being extracted and spent in violation of the
constitutionally guaranteed right to freedom of communication.
C. That she is filing the case in behalf of a substantial number of taxpayers.
D. That text messages are an important part of the lives of the people she
represents.
5. Amaretto, Inc., imported 100 cases of Marula wine from South Africa. The
shipment was assessed duties and value-added taxes of P300,000 which
Amaretto, Inc. immediately paid. The Bureau of Customs did not, however, issue
the release papers of the shipment yet since the Food and Drug Administration
(FDA) needed to test the suitability of the wine for human consumption. Is the
Bureau of Customs at fault for refusing to release the shipment just as yet?
A. Yes, because the importation was already terminated as a result of the
payment of the taxes due.
B. Yes, the Bureau of Customs is estopped from holding the release of the
shipment after receiving the payment.
C. No, if the amount paid as duties and value-added taxes due on the
importation was insufficient.
D. No, because the Bureau of Customs has not yer issued the legal
permit for withdrawal pending the FDAs findings.
7. The spouses Helena and Federico wanted to donate a parcel of land to their
son Dondon who is getting married in December, 2011. The parcel of land has a
zonal valuation of P420,000.00. What is the most efficient mode of donating the
property?
A. The spouses should first donate in 2011 a portion of the property valued at
P20,000.00 then spread the P400,000.00 equally for 2012, 2013, 2014 and
2015.
B. Spread the donation over a period of 5 years by the spouses donating
P100,000.00 each year from 2011 to 2015.
8. Mia, a compensation income earner, filed her income tax return for the
taxable year 2007 on March 30, 2008. On May 20, 2011, Mia received an
assessment notice and letter of demand covering the taxable year 2007 but the
postmark on the envelope shows April 10, 2011. Her return is not a false and
fraudulent return. Can Mia raise the defense of prescription?
A. No. The 3 year prescriptive period started to run on April 15, 2008,
hence, it has not yet expired on April 10, 2011.
B. Yes. The 3 year prescriptive period started to run on April 15, 2008, hence, it
had already expired by May 20, 2011.
C. No. The prescriptive period started to run on March 30, 2008, hence, the 3
year period expired on April 10, 2011.
D. Yes. Since the 3-year prescriptive period started to run on March 30, 2008, it
already expired by May 20, 2011.
9. Double taxation in its general sense means taxing the same subject twice
during the same taxing period. In this sense, double taxation
A. violates substantive due process.
B. does not violate substantive due process.
C. violates the right to equal protection.
D. does not violate the right to equal protection.
10. The payor of passive income subject to final tax is required to withhold
the tax from the payment due the recipient. The withholding of the tax has the
effect of
A. a final settlement of the tax liability on the income.
12. Tong Siok, a Chinese billionaire and a Canadian resident, died and left assets
in China valued at P80 billion and in the Philippines assets valued at P20 billion.
For Philippine estate tax purposes the allowable deductions for expenses, losses,
indebtedness, and taxes, property previously taxed, transfers for public use, and
the share of his surviving spouse in their conjugal partnership amounted to P15
billion. Tongs gross estate for Philippine estate tax purposes is
A. P20 billion.
B. P5 billion.
C. P100 billion.
D. P85 billion.
13. Anktryd, Inc., bought a parcel of land in 2009 for P7 million as part of its
inventory of real properties. In 2010, it sold the land for P12 million which was
its zonal valuation. In the same year, it incurred a loss of P6 million for selling
another parcel of land in its inventory. These were the only transactions it had in
its real estate business. Which of the following is the applicable tax treatment?
A. Anktryd shall be subject to a tax of 6% of P12 million.
B. Anktryd could deduct its P6 million loss from its P5 million gain.
C. Anktryds gain of P5 million shall be subject to the holding period.
D. Anktryds P6 million loss could not be deducted from its P5 million gain.
14. Aplets Corporation is registered under the laws of the Virgin Islands. It has
extensive operations in Southeast Asia. In the Philippines, Its products are
imported and sold at a mark-up by its exclusive distributor, Kims Trading, Inc.
The BIR compiled a record of all the imports of Kim from Aplets and imposed a
tax on Aplets net income derived from its exports to Kim. Is the BIR correct?
A. Yes. Aplets is a non-resident foreign corporation engaged in trade or
business in the Philippines.
B. No. The tax should have been computed on the basis of gross revenues and
not net income.
C. No. Aplets is a non-resident foreign corporation not engaged in
trade or business in the Philippines.
D. Yes. Aplets is doing business in the Philippines through its exclusive
distributor Kims Trading. Inc.
15. In 2009, Spratz, Inc.s net profit before tax was P35 million while its
operating expenses was P31 million. In 2010, its net profit before tax was P40
million and its operating expenses was P38 million. It did not declare dividends
for 2009 and 2010. And it has no proposed capital expenditures for 2011 and
the immediate future. May Spratz be subject to the improperly accumulated tax
on its retained profits for 2009 and 2010?
A. Yes, since the accumulated amounts are reasonable for operations in relation
to what it usually needed annually.
B. Yes, since the accumulation is not reasonably necessary for the
immediate needs of the business.
C. No, because there is no showing that the taxpayers 2009 and 2010 net profit
before tax exceeded its paid-up capital.
D. No, because the taxpayer is not shown to be a publicly-listed corporation, a
bank, or an insurance company.
16. The actual effort exerted by the government to effect the exaction of what is
due from the taxpayer is known as
A. assessment.
B. levy.
C. payment.
D. collection.
18. Passive income includes income derived from an activity in which the earner
does not have any substantial participation. This type of income is
A. usually subject to a final tax.
B. exempt from income taxation.
C. taxable only if earned by a citizen.
D. included in the income tax return.
19. In 2010, Juliet Ulbod earned P500,000.00 as income from her beauty parlor
and received P250,000.00 as Christmas gift from her spinster aunt. She had no
other receipts for the year. She spent P150,000.00 for the operation of her
beauty parlor. For tax purposes, her gross income for 2010 is
A. P750,000.00.
B. P500,000.00.
C. P350,000.00.
D. P600,000.00.
21. Federico, a Filipino citizen, migrated to the United States some six years ago
and got a permanent resident status or green card. He should pay his Philippine
income taxes on
A. the gains derived from the sale in California, U.S.A. of jewelry he purchased in
the Philippines.
B. the proceeds he received from a Philippine insurance company as the sole
beneficiary of life insurance taken by his father who died recently.
C. the gains derived from the sale in the New York Stock Exchange of
shares of stock in PLDT, a Philippine corporation.
D. dividends received from a two year old foreign corporation whose gross
income was derived solely from Philippine sources.
23. A corporation may change its taxable year to calendar or fiscal year in filing
its annual income tax return, provided
A. it seeks prior BIR approval of its proposed change in accounting
period.
B. it simultaneously seeks BIR approval of its new accounting period.
C. it should change its accounting period two years prior to changing its taxable
year.
D. its constitution and by-laws authorizes the change.
24. What is the rule on the taxability of income that a government educational
institution derives from its school operations? Such income is
A. subject to 10% tax on its net taxable income as if it is a proprietary
educational institution.
B. Exempt from income taxation if it is actually, directly, and
exclusively used for educational purposes.
C. subject to the ordinary income tax rates with respect to incomes derived from
educational activities.
D. Exempt from income taxation in the same manner as government-owned and
controlled corporations.
25. Which among the following reduces the gross estate (not the net estate) of a
citizen of the Philippines for purposes of estate taxation?
A. Transfers for public use
B. Property previously taxed
C. Standard deduction of P1 million
D. Capital of the surviving spouse
quarterly return for his gross sales or receipts for the period of June 1 to
September 30?
A. Within 25 days from September 30
B. Within 45 days from September 30
C. Within 15 days from September 30
D. Within 30 days from September 30
27. In January 2011, the BIR issued a ruling that Clemens vodka imports
were not subject to increased excise tax based on his claim that his net retail
price was only P200 per 750 milliliter bottle. This ruling was applied to his
imports for May, June, and July 2011. In September 2011, the BIR revoked its
ruling and assessed him for deficiency taxes respecting his May, June and July
2011 vodka imports because it discovered that his net retail price for the vodka
was P250 per bottle from January to September 2011. Does the retroactive
application of the revocation violate Clemens right to due process as a
taxpayer?
A. Yes, since the presumption is that the BIR ascertained the facts before it
made its ruling.
B. No, because he acted in bad faith when he claimed a lower net retail
price than what he actually used.
C. No, since he could avail of remedies available for disputing the assessment.
D. Yes, since he had already acquired a vested right in the favorable BIR ruling.
28. Don Fortunato, a widower, died in May, 2011. In his will, he left his estate of
P100 million to his four children. He named his compadre, Don Epitacio, to be
the administrator of the estate. When the BIR sent a demand letter to Don
Epitacio for the payment of the estate tax, he refused to pay claiming that he
did not benefit from the estate, he not being an heir. Forthwith, he resigned as
administrator. As a result of the resignation, who may be held liable for the
payment of the estate tax?
A. Don Epitacio since the tax became due prior to his resignation.
B. The eldest child who would be reimbursed by the others.
C. All the four children, the tax to be divided equally among them.
D. The person designated by the will as the one liable.
30. The BIR could not avail itself of the remedy of levy and distraint to
implement, through collection, an assessment that has become final, executory,
and demandable where
A. the subject of the assessment is an income tax.
B. the amount of the tax involved does not exceed P100.00.
C. the corporate taxpayer has no other uncollected tax liability.
D. the taxpayer is an individual compensation income earner.
33. Which among the following circumstances negates the prima facie
presumption of correctness of a BIR assessment?
A. The BIR assessment was seasonably protested within 30 days from receipt.
B. No preliminary assessment notice was issued prior to the assessment notice.
C. Proof that the assessment is utterly without foundation, arbitrary,
and capricious.
D. The BIR did not include a formal letter of demand to pay the alleged
deficiency.
34. On March 30, 2005 Miguel Foods, Inc. received a notice of assessment and a
letter of demand on its April 15, 2002 final adjustment return from the BIR.
Miguel Foods then filed a request for reinvestigation together with the requisite
supporting documents on April 25, 2005. On June 2, 2005, the BIR issued a final
assessment reducing the amount of the tax demanded. Since Miguel Foods was
satisfied with the reduction, it did not do anything anymore. On April 15, 2010
the BIR garnished the corporations bank deposits to answer for the tax liability.
Was the BIR action proper?
A. Yes. The BIR has 5 years from the filing of the protest within which to collect.
B. Yes. The BIR has 5 years from the issuance of the final assessment
within which to collect.
C. No. The taxpayer did not apply for a compromise.
D. No. Without the taxpayers prior authority, the BIR action violated the
Bank Deposit Secrecy Law.
35. Which among the following taxpayers is required to use only the calendar
year for tax purposes?
A. Partnership exclusively for the design of government infrastructure
projects considered as practice of civil engineering.
B. Joint-stock company formed for the purpose of undertaking construction
projects.
C. Business partnership engaged in energy operations under a service contract
with the government.
D. Joint account (cuentas en participacion) engaged in the trading of mineral
ores.
36. Spanflex Intl Inc. received a notice of assessment from the BIR.
It
seasonably filed a protest with all the necessary supporting documents but the
BIR failed to act on the protest. Thirty days from the lapse of 180 days from the
filing of its protest, Spanflex still has not elevated the matter to the CTA. What
remedy, if any, can Spanflex take?
A. It may file a motion to admit appeal if it could prove that its failure to appeal
was due to the negligence of counsel.
B. It may no longer appeal since there is no BIR decision from which it could
appeal.
C. It may wait for the final decision of the BIR on his protest and appeal
it to the CTA within 30 days from receipt of such decision.
D. None. Its right to appeal to the CTA has prescribed.
37. Gerardo died on July 31, 2011. His estate tax return should be filed within
A. six months from filing of the notice of death.
B. sixty days from the appointment of an administrator.
C. six months from the time he died on July 31, 2011.
38. Income from dealings in property (real, personal, or mixed) is the gain or
loss derived
A. only from the cash sales of property.
B. from cash and gratuitous receipts of property.
C. from sale and lease of property.
D. only from the sale of property.
39. In March 2009, Tonette, who is fond of jewelries, bought a diamond ring for
P750,000.00, a bracelet for P250,000.00, a necklace for P500,000.00, and a
brooch for P500,000.00. Tonette derives income from the exercise of her
profession as a licensed CPA. In October 2009, Tonette sold her diamond ring,
bracelet, and necklace for only P1.25 million incurring a loss of P250,000.00. She
used the P1.25 million to buy a solo diamond ring in November 2009 which she
sold for P1.5 million in September 2010. Tonette had no other transaction in
jewelry
in
2010.
Which
among
the
following
describes
the
tax
40. Anion, Inc. received a notice of assessment and a letter from the BIR
demanding the payment of P3 million pesos in deficiency income taxes for the
taxable year 2008. The financial statements of the company show that it has
been suffering financial reverses from the year 2009 up to the present. Its asset
position shows that it could pay only P500,000.00 which it offered as a
compromise to the BIR. Which among the following may the BIR require to
enable it to enter into a compromise with Anion, Inc.?
A. Anion must show it has faithfully paid taxes before 2009.
B. Anion must promise to pay its deficiency when financially able.
C. Anion must waive its right to the secrecy of its bank deposits.
D. Anion must immediately deposit the P500,000.00 with the BIR.
41. Real property owned by the national government is exempt from real
property taxation unless the national government
A. transfers it for the use of a local government unit.
B. leases the real property to a business establishment.
C. gratuitously allows its use for educational purposes by a school established
for profit.
D. sells the property to a government-owned non-profit corporation.
42. Dondon and Helena were legally separated. They had six minor children, all
qualified to be claimed as additional exemptions for income tax purposes. The
court awarded custody of two of the children to Dondon and three to Helena,
with Dondon directed to provide full financial support for them as well. The court
awarded the 6th child to Dondons father with Dondon also providing full
financial support. Assuming that only Dondon is gainfully employed while Helena
is not, for how many children could Dondon claim additional exemptions when
he files his income tax return?
A. Six children.
B. Five children.
C. Three children.
D. Two children.
43. Political campaign contributions are NOT deductible from gross income
A. if they are not reported to the Commission on Elections.
B. if the candidate supported wins the election because of possible corruption.
C. since they do not help earn the income from which they are to be
deducted.
D. since such amounts are not considered as income of the candidate to whom
given.
45. Real property taxes should not disregard increases in the value of real
property occurring over a long period of time. To do otherwise would violate the
canon of a sound tax system referred to as
A. theoretical justice.
B. fiscal adequacy.
C. administrative feasibility.
D. symbiotic relationship.
46. The power to tax is the power to destroy. Is this always so?
A. No. The Executive Branch may decide not to enforce a tax law which it
believes to be confiscatory.
B. Yes. The tax collectors should enforce a tax law even if it results to the
destruction of the property rights of a taxpayer.
C. Yes. Tax laws should always be enforced because without taxes the very
existence of the State is endangered.
D. No. The Supreme Court may nullify a tax law, hence, property rights
are not affected.
49. As a general rule, within what period must a taxpayer elevate to the Court
of Tax Appeals a denial of his application for refund of income tax overpayment?
A. Within 30 days from receipt of the Commissioners denial of his application for
refund.
B. Within 30 days from receipt of the denial which must not exceed 2
years from payment of income tax.
C. Within 2 years from payment of the income taxes sought to be refunded.
D. Within 30 days from receipt of the denial or within two years from payment.
50. After the province has constructed a barangay road, the Sangguniang
Panglalawigan may impose a special levy upon the lands specifically benefitted
by the road up to an amount not to exceed
A. 60% of the actual cost of the road without giving any portion to the
barangay.
B. 100% of the actual project cost without giving any portion to the barangay.
C. 100% of the actual project cost, keeping 60% for the province and giving
40% to the barangay.
D. 60% of the actual cost, dividing the same between the province and the
barangay.
51. Celia donated P110,000.00 to her friend Victoria who was getting married.
Celia gave no other gift during the calendar year. What is the donors tax
implication on Celias donation?
A. The P100,000.00 portion of the donation is exempt since given in
consideration of marriage.
B. A P10,000.00 portion of the donation is exempt being a donation in
consideration of marriage.
C. Celia shall pay a 30% donors tax on the P110,000.00 donation.
D. The P100,000.00 portion of the donation is exempt under the rate schedule
for donors tax.
52. Levox Corporation wanted to donate P5 million as prize money for the world
professional billiard championship to be held in the Philippines.
Since the
Billiard Sports Confederation of the Philippines does not recognize the event, it
was held under the auspices of the International Professional Billiards
Association, Inc. Is Levox subject to the donors tax on its donation?
A. No, so long as the donated money goes directly to the winners and
not through the association.
B. Yes, since the national sports association for billiards does not
sanction the event.
C. No, because it is donated as prize for an international competition under the
billiards association.
D. Yes, but only that part that exceeds the first P100,000.00 of total Levox
donations for the calendar year.
54. What is the effect on the tax liability of a taxpayer who does not protest an
assessment for deficiency taxes?
A. The taxpayer may appeal his liability to the CTA since the assessment is a
final decision of the Commissioner on the matter.
B. The BIR could already enforce the collection of the taxpayers liability if it
could secure authority from the CTA.
C. The taxpayers liability becomes fixed and subject to collection as
the assessment becomes final and collectible.
D. The taxpayers liability remains suspended for 180 days from the expiration
of the period to protest.
55. A non-stock, non-profit school always had cash flow problems, resulting in
failure to recruit well-trained administrative personnel to effectively manage the
school. In 2010, Don Leon donated P100 million pesos to the school, provided
the money shall be used solely for paying the salaries, wages, and benefits of
administrative personnel. The donation represents less than 10% of Don Leons
taxable income for the year. Is he subject to donors taxes?
A. No, since the donation is actually, directly, and exclusively used for
educational purposes.
B. Yes, because the donation is to be wholly used for administration
purposes.
C. Yes, since he did not obtain the requisite NGO certification before he made
the donation.
D. No, because the donation does not exceed 10% of his taxable income
for 2010.
56. What is the tax base for the imposition by the province of professional
taxes?
A. That which Congress determined.
B. The pertinent provision of the local Government Code.
C. The reasonable classification made by the provincial sanggunian.
D. That which the Dept. of Interior and Local Government determined.
57. There is prima facie evidence of a false or fraudulent return where the
A. tax return was amended after a notice of assessment was issued.
B. tax return was filed beyond the reglementary period.
C. taxpayer changed his address without notifying the BIR.
D. deductions claimed exceed by 30% the actual deductions.
59. The excess of allowable deductions over gross income of the business in a
taxable year is known as
A. net operating loss.
B. ordinary loss.
C. net deductible loss.
D. NOLCO.
60. No action shall be taken by the BIR on the taxpayers disputed issues until
the taxpayer has paid the deficiency taxes
A. when the assessment was issued against a false and fraudulent return.
B. if there was a failure to pay the deficiency tax within 60 days from BIR
demand.
C. if the Regional Trial Court issues a writ of preliminary injunction to enjoin
the BIR.
D. attributable to the undisputed issues in the assessment notice.
61. Is an article previously exported from the Philippines subject to the payment
of customs duties?
A. Yes, because all articles that are imported from any foreign country are
subject to duty.
B. No, because there is no basis for imposing duties on articles previously
exported from the Philippines.
C. Yes, because exemptions are strictly construed against the importer who is
the taxpayer.
D. No, if it is covered by a certificate of identification and has not been
improved in value.
63. Under the Tariff and Customs Code, abandoned imported articles becomes
the property of the
A. government whatever be the circumstances.
B. insurance company that covered the shipment.
C. shipping company in case the freight was not paid.
D. bank if the shipment is covered by a letter of credit.
64. Ka Tato owns a parcel of land in San Jose, Batangas declared for real
property taxation, as agricultural. In 1990, he used the land for a poultry feed
processing plant but continued to declare the property as agricultural.
In
March 2011, the local tax assessor discovered Ka Tatos change of use of his
land and informed the local treasurer who demanded payment of deficiency real
property taxes from 1990 to 2011. Has the action prescribed?
A. No, the deficiency taxes may be collected within five years from when they
fell due.
B. No. The deficiency taxes for the period 1990 up to 2011 may still be
collected within 10 years from March 2011.
C. Yes. More than 10 years had lapsed for the period 1990 up to 2000, hence the
right to collect the deficiency taxes has prescribed.
D. Yes. More than 5 years had lapsed for the collection of the deficiency taxes
for the period 1990 up to 2005.
67. Apparently the law does not provide for the refund of real property taxes
that have been collected as a result of an erroneous or illegal assessment by the
provincial or city assessor. What should be done in such instance to avoid an
injustice?
A. Question the legality of the no-refund rule before the Supreme Court.
B. Enact a new ordinance amending the erroneous or illegal assessment to
correct the error.
C. Subsequent adjustment in tax computation and the application of
the excess payment to future real property tax liabilities.
D. Pass a new ordinance providing for the refund of real property taxes that have
been erroneously or illegally collected.
68. What should the BIR do when the prescriptive period for the assessment of a
tax deficiency is about to prescribe but the taxpayer has not yet complied with
the BIR requirements for the production of books of accounts and other records
to substantiate the claimed deductions, exemptions or credits?
A. Call the taxpayer to a conference to explain the delay.
B. Immediately conduct an investigation of the taxpayers activities.
C. Issue a jeopardy assessment coupled with a letter of demand.
D. Issue a notice of constructive distraint to protect government interest.
69. Money collected from taxation shall not be paid to any religious
dignitary EXCEPT when
A. the religious dignitary is assigned to the Philippine Army.
B. it is paid by a local government unit.
C. the payment is passed in audit by the COA.
D. it is part of a lawmakers pork barrel.
71. The taxpayer seasonably filed his protest together with all the supporting
documents. It is already July 31, 2011, or 180 days from submission of the
protest but the BIR Commissioner has not yet decided his protest. Desirous of
an early resolution of his protested assessment, the taxpayer should file his
appeal to the Court of Tax Appeals not later than
A. August 31, 2011.
B. August 30, 2011.
72. Which of the following are NOT usually imposed when there is a tax
amnesty?
A. Civil, criminal, and administrative penalties
B. Civil and criminal penalties
C. Civil and administrative penalties
D. Criminal and administrative penalties
73. Which among the following concepts of taxation is the basis for the situs of
income taxation?
A. Lifeblood doctrine of taxation
B. Symbiotic relation in taxation
C. Compensatory purpose of taxation
D. Sumptuary purpose of taxation
75. The head priest of the religious sect Tres Personas Solo Dios, as the
corporation sole, rented out a 5,000 sq. m. lot registered in its name for use as
school site of a school organized for profit. The sect used the rentals for the
support and upkeep of its priests. The rented lot is
A. not exempt from real property taxes because the user is organized for profit.
B. exempt from real property taxes since it is actually, directly, and exclusively
used for religious purposes.
C. not exempt from real property taxes since it is the rents, not the land, that is
used for religious purposes.
D. exempt from real property taxes since it is actually, directly, and
exclusively used for educational purposes.
Political Law
1. Filipino citizenship may be acquired through judicial naturalization only by an
alien
A. born, raised, and educated in the Philippines who has all the qualifications
and none of the disqualifications to become a Filipino citizen.
B. who has all the qualifications and none of the disqualifications to
become a Filipino citizen.
C. born and raised in the Philippines who has all the qualifications and none of
the disqualifications to become a Filipino citizen.
D. whose mother or father is a naturalized Filipino and who himself is qualified to
be naturalized.
2. Jax Liner applied for a public utility bus service from Bacolod to Dumaguete
from the Land Transportation Franchising and Regulatory Board (LTFRB). BB
Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of
the Department of Transportation and Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office of the President which reinstated the
LTFRBs
ruling.
BB
Express
went
to
the
Court
of
Appeals
on
certiorari questioning the decision of the Office of the President on the ground
that Office of the President has no jurisdiction over the case in the absence of
any law providing an appeal from DOTC to the Office of the President. Will the
petition prosper?
A. No, exhaustion of administrative remedies up to the level of the President is a
pre-requisite to judicial recourse.
B. No, the action of the DOTC Secretary bears only the implied approval
of the President who is not precluded from reviewing the decision of
the former.
C. Yes, when there is no law providing an appeal to the Office of the President,
no such appeal may be pursued.
D. Yes, the doctrine of qualified political agency renders unnecessary a further
appeal to the Office of the President.
3. Where A is set for promotion to Administrative Assistant III and B to the post
of Administrative Assistant II vacated by A, the appointing authority must
A. submit to the CSC the two promotional appointments together for
approval.
B. not appoint B until the CSC has approved As appointment.
C. submit to the Civil Service Commission (CSC) the second appointment after
its approval of the first.
D. simultaneously issue the appointments of A and B.
executed
pending appeal.
The
Civil Service
Her
10. The city government filed a complaint for expropriation of 10 lots to build a
recreational complex for the members of the homeowners association of Sitio
Sto. Tomas, the most populated residential compound in the city.
The lot
12. The President forged an executive agreement with Vietnam for a year supply
of animal feeds to the Philippines not to exceed 40,000 tons. The Association of
Animal Feed Sellers of the Philippines questioned the executive agreement for
being contrary to R.A. 462 which prohibits the importation of animal feeds from
Asian countries. Is the challenge correct?
A. Yes, the executive agreement is contrary to our existing domestic
law.
B. No, the President is the sole organ of the government in external relations
and all his actions as such form part of the law of the land.
C. No, international agreements are sui generis which must stand independently
of our domestic laws.
D. Yes, the executive agreement is actually a treaty which does not take effect
without ratification by the Senate.
13. Jose Cruz and 20 others filed a petition with the COMELEC to hold a
plebiscite on their petition for initiative to amend the Constitution by shifting to
a unicameral parliamentary form of government. Assuming that the petition has
been signed by the required number of registered voters, will it prosper?
A. No, only Congress can exercise the power to amend the Constitution.
B. Yes, the people can substantially amend the Constitution by direct action.
C. Yes, provided Congress concurs in the amendment.
D. No, since they seek, not an amendment, but a revision.
14.
The
Comelec
en
banc
cannot
hear
and
decide
case
at
first
15.
Each
of
the
Constitutional
Commissions
is
expressly
described
16. There is double jeopardy when the dismissal of the first case is
A. made at the instance of the accused invoking his right to fair trial.
B. made upon motion of the accused without objection from the prosecution.
C. made provisionally without objection from the accused.
D. based on the objection of the accused to the prosecutions motion to
postpone trial.
17. The new Commissioner of Immigration, Mr. Suarez, issued an Office Order
directing the top immigration officials to tender courtesy resignation to give him
a free hand in reorganizing the agency. In compliance, Director Sison of the
Administrative Department tendered his resignation in writing which Mr. Suarez
immediately accepted. Director Sison went to court, assailing the validity of his
courtesy resignation and Mr. Suarezs acceptance of the same. Will the action
prosper?
A. No, Director Sison tendered his resignation and it was accepted.
B. No, estoppel precludes Director Sison from disclaiming the resignation he
freely tendered.
C. Yes,for so long as no one has yet been appointed to replace him, Director
Sison may still withdraw his resignation.
D. Yes, Director Sison merely complied with the order of the head of
office; the element of clear intention to relinquish office is lacking.
18. An administrative rule that fixes rates is valid only when the proposed rates
are
A. published and filed with the UP Law Center.
B. published and hearings are conducted.
C. published and posted in three public places.
D. published and all stakeholders are personally notified.
20. After X, a rape suspect, was apprised of his right to silence and to counsel,
he told the investigators that he was waiving his right to have his own counsel
or to be provided one. He made his waiver in the presence of a retired Judge
who was assigned to assist and explain to him the consequences of such
waiver. Is the waiver valid?
A. No, the waiver was not reduced in writing.
B. Yes, the mere fact that the lawyer was a retired judge does not cast doubt on
his competence and independence.
C. Yes, the waiver was made voluntarily, expressly, and with assistance of
counsel.
D. No, a retired Judge is not a competent and independent counsel.
Yes,
Governor
Palomas
reelection
is
an
expression
of
the
22. The decision of the Regional Trial Court on appeals pertaining to inclusions or
exclusions from the list of voters
A. is inappealable.
B. is subject to an action for annulment.
C. may be brought straight to the Supreme Court.
D. is appealable to the Commission on Elections.
23. The equal protection clause allows valid classification of subjects that
applies
A. only to present conditions.
B. so long as it remains relevant to the government.
C. for a limited period only.
D. for as long as the problem to be corrected exists.
24. The President wants to appoint A to the vacant post of Associate Justice of
the Supreme Court because of his qualifications, competence, honesty, and
efficiency. But As name is not on the list of nominees that the Judicial and Bar
Council (JBC) submitted to the President.
25. Courts may still decide cases that have otherwise become academic when
they involve
A. the basic interest of people.
B. petitions for habeas corpus.
C. acts of the Chief Executive.
D. Presidential election protests.
26. The right of the State to prosecute crimes by available evidence must yield
to the right of
A. the accused against self-incrimination.
B. another State to extradite a fugitive from justice.
C. the State to deport undesirable aliens.
D. the complainant to drop the case against the accused.
27. A temporary appointee to a public office who becomes a civil service eligible
during his tenure
A. loses his temporary appointment without prejudice to his re-appointment as
permanent.
B. has the right to demand conversion of his appointment to permanent.
C. automatically becomes a permanent appointee.
28. Upon endorsement from the Senate where it was first mistakenly filed, the
House of Representatives Committee on Justice found the verified complaint for
impeachment against the President sufficient in form but insufficient in
substance. Within the same year, another impeachment suit was filed against
the President who questioned the same for being violative of the Constitution. Is
the President correct?
A. No, initiated means the Articles of Impeachment have been actually filed
with the Senate for trial; this did not yet happen.
B. No, the first complaint was not deemed initiated because it was originally
filed with the Senate.
C. Yes, the dismissal of the first impeachment proceeding bars the initiation of
another during the same term of the President.
D. Yes, no impeachment proceeding can be filed against the President
more than once within a year.
30. A department secretary may, with the Presidents consent, initiate his
appearance before the Senate or the House of Representatives which
A. must seek the concurrence of the other House before acting.
31. The Metro Manila Development Authority (MMDA) passed a rule authorizing
traffic enforcers to impound illegally parked vehicles, for the first offense, and
confiscate their registration plates for the second. The MMDA issued this rule to
implement a law that authorized it to suspend the licenses of drivers who violate
traffic rules. Is the MMDA rule valid?
A. No, since the MMDA does not have rule-making power.
B. Yes, it is a valid exercise of the power of subordinate legislation.
C. Yes, it is an implicit consequence of the law upon which it acted.
D. No, the rule goes beyond the sphere of the law.
32. Senator Bondoc was charged with murder and detained at the Quezon City
Jail. He invoked, in seeking leave from the court to attend the session of the
Senate, his immunity from arrest as a Senator. How should the court rule on his
motion?
A. Deny the motion unless the Senate issues a resolution certifying to the
urgency of his attendance at its sessions.
B. Grant the motion provided he posts bail since he is not a flight risk.
C. Grant the motion so as not to deprive the people who elected him their right
to be represented in the Senate.
D. Deny the motion since immunity from arrest does not apply to a
charge of murder.
misconduct
and
preventively
suspended
for
90
days
pending
Secretarys decision and the reversal became final and executory. What is the
effect of Xs exoneration?
A. X is entitled to reinstatement and back salaries both during his 90 day
preventive suspension and his suspension pending appeal.
B. X is entitled to reinstatement and back salaries corresponding only to the
period of delay caused by those prosecuting the case against him.
C. X is entitled to reinstatement but not to back salaries on ground of damnum
absque injuria.
D. X is entitled to reinstatement and back salaries during his
suspension pending appeal.
35. Alfredo was elected municipal mayor for 3 consecutive terms. During his
third term, the municipality became a city. Alfredo ran for city mayor during the
next immediately succeeding election. Voltaire sought his disqualification citing
the 3 term limit for elective officials. Will Voltaires action prosper?
A. No, the 3 term limit should not apply to a person who is running for a new
position title.
B. Yes, the 3 term limit applies regardless of any voluntary or involuntary
interruption in the service of the local elective official.
C. Yes, the 3 term limit uniformly applies to the office of mayor,
whether for city or municipality.
D. No, the 3 term limit should not apply to a local government unit that has
assumed a different corporate existence.
38. When the President orders the Chief of the Philippine National Police to
suspend the issuance of permits to carry firearms outside the residence, the
President exercises
A. the power of control.
B. the Commander-in-Chief power.
C. the power of supervision.
D. the calling out power.
39. Carlos, a foreign national was charged with and convicted of a serious crime
in State X and sentenced to life imprisonment. His country applied for relief with
the International Court of Justice (ICJ), arguing that State X did not inform
Carlos of his right under Article 36 of the Vienna Convention to be accorded
legal assistance by his government. State X, as signatory to the Vienna
Convention, agreed to ICJs compulsory jurisdiction over all disputes regarding
the interpretation or application of the Vienna Convention. ICJ ruled that State X
violated its obligation to provide consular notification to the foreign nationals
country. ICJ also required State X to review and reconsider the life sentence
imposed on the foreign national.
What principle of
40. An informer told the police that a Toyota Car with plate ABC 134 would
deliver an unspecified quantity of ecstacy in Forbes Park, Makati City. The
officers whom the police sent to watch the Forbes Park gates saw the described
car and flagged it down. When the driver stopped and lowered his window, an
officer saw a gun tucked on the drivers waist. The officer asked the driver to
step out and he did. When an officer looked inside the car, he saw many tablets
strewn on the drivers seat. The driver admitted they were ecstacy. Is the
search valid?
A. No, the rule on warrantless search of moving vehicle does not allow
arbitrariness on the part of the police.
B. Yes, the police officers had the duty to verify the truth of the information they
got and pursue it to the end.
C. Yes, the police acted based on reliable information and the fact that
an officer saw the driver carrying a gun.
D. No, police officers do not have unbridled discretion to conduct a warrantless
search of moving vehicles.
42.The President may proclaim martial law over a particular province subject to
revocation or extension
A. by Congress,subject to ratification by the Supreme Court.
B. by the Supreme Court.
C. by Congress alone
D.
by
Congress,
upon
recommendation
of
the
respective
Sangguniang Panlalawigan.
43. During his incumbency, President Carlos shot to death one of his advisers
during a heated argument over a game of golf that they were playing. The
deceased advisers family filed a case of homicide against President Carlos
before the city prosecutors office. He moved to dismiss the case, invoking
presidential immunity from suit. Should the case be dismissed?
A. Yes, his immunity covers his interactions with his official family, including the
deceased adviser.
B. No, his immunity covers only work-related crimes.
C. Yes, his immunity holds for the whole duration of his tenure.
D. No, his immunity does not cover crimes involving moral turpitude.
44. The School Principal of Ramon Magsaysay High School designated Maria, her
daughter, as public school teacher in her school. The designation was assailed
on ground of nepotism. Is such designation valid?
A. No, because the law prohibits relatives from working within the same
government unit.
B. Yes, because Marias position does not fall within the prohibition.
C. No, because her mother is not the designating authority.
D. No, because Maria is related to the supervising authority within the prohibited
degree of consanguinity.
47. In the exercise of its power of legislative inquiries and oversight functions,
the House of Representatives or the Senate may only ask questions
A. that the official called is willing to answer.
B. that are relevant to the proposed legislation.
C. to which the witness gave his prior consent.
D. material to the subject of inquiry.
49. The people may approve or reject a proposal to allow foreign investors to
own lands in the Philippines through an electoral process called
A. referendum.
B. plebiscite.
C. initiative.
D. certification.
50. Where a candidate for the Senate stated in his certificate of candidacy that
he is single, when he is very much married, though separated, his certificate of
candidacy
A. may be canceled.
B. will subject him to a quo warranto action.
C. remains valid.
D. may be denied due course.
51. A candidate who commits vote buying on Election Day itself shall be
prosecuted by the
A. COMELEC.
B. Secretary of Justice.
C. police and other law enforcement agencies.
D. City or Provincial Prosecutor.
54. When the Civil Service Commission (CSC) approves the appointment of the
Executive Director of the Land Transportation Franchising and Regulatory Board
who possesses all the prescribed qualifications, the CSC performs
A. a discretionary duty.
B. a mix discretionary and ministerial duty.
C. a ministerial duty.
D. a rule-making duty.
55. Xian and Yani ran for Congressman in the same district.
During the
canvassing, Yani objected to several returns which he said were tampered with.
The board of canvassers did not entertain Yanis objections for lack of authority
to do so. Yani questions the law prohibiting the filing of pre-proclamation cases
involving the election of Congressmen since the Constitution grants COMELEC
jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct?
A. Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation
cases, without exception.
B. No, COMELECs jurisdiction over pre-proclamation cases pertains
only to elections for regional, provincial, and city officials.
C. No, COMELECs jurisdiction over pre-proclamation cases does not include
those that must be brought directly to the courts.
D. Yes, any conflict between the law and the Constitution relative to COMELECs
jurisdiction must be resolved in favor of the Constitution.
56. When the Supreme Court nullified the decisions of the military tribunal for
lack of jurisdiction, it excluded from their coverage decisions of acquittal where
the defendants were deemed to have acquired a vested right. In so doing, the
Supreme Court applied
A. the operative fact doctrine.
B. the rule against double jeopardy.
C. the doctrine of supervening event.
D. the orthodox doctrine.
57. Accused X pleaded not guilty to the charge of homicide against him. Since
he was admitted to bail, they sent him notices to attend the hearings of his
case. But he did not show up, despite notice, in four successive hearings without
offering any justification. The prosecution moved to present evidence in
absentia but the court denied the motion on the ground that the accused has a
right to be present at his trial. Is the court correct?
A. No, the court is mandated to hold trial in absentia when the accused
had been arraigned, had notice, and his absence was unjustified.
B. Yes, it remains discretionary on the court whether to conduct trial in absentia
even if the accused had been arraigned and had notice and did not justify his
absence.
C. Yes, it is within the courts discretion to determine how many postponements
it will grant the accused before trying him in absentia.
D. No, the court may reject trial in absentia only on grounds of fraud, accident,
mistake, or excusable negligence.
58. Following COMELEC Chairman Bocays conviction for acts of corruption in the
impeachment
proceedings,
he
was
indicted
for
plunder
before
the
62. A child born in the United States to a Filipino mother and an American
father is
A. a Filipino citizen by election.
B. a repatriated Filipino citizen.
C. a dual citizen.
D. a natural born Filipino citizen.
congresswoman?
A. She was a de jure officer, having been duly elected.
B. She was not a public officer because she had no valid existing public office.
C. She was a de jure officer since she completed her term before she was
disqualified.
D. She was a de facto officer since she was elected, served, and
her disqualification only came later.
67. The price of staple goods like rice may be regulated for the protection of the
consuming public through the exercise of
A. power of subordinate legislation.
B. emergency power.
C. police power.
D. residual power.
68. Associate Justice A retires from the Supreme Court 90 days before the
forthcoming Presidential election. May the incumbent President still appoint
Justice As successor?
A.
No,
it
will
violate
the
Constitutional
prohibition
against
midnight
appointments.
B. Yes, vacancies in the Supreme Court should be filled within 90 days
from occurrence of the vacancy.
C. Yes, vacancies in the Supreme Court should be filled within 90 days from
submission of JBC nominees to the President.
D. No, the incumbent President must yield to the choice of the next President
69. The President may set a limit on the countrys import quota in the exercise
of his
A. delegated power.
B. concurring power.
C. residual power.
D. inherent power.
70. Amor sued for annulment of a deed of sale of Lot 1. While the case was
ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the
Clerk of Court, that Lot 1 was not involved in any pending case before the court.
Acting on the certification, the Register of Deeds canceled the notice of lis
pendens annotated on Lot 1s title. Amor filed a damage suit against Atty.
Crispin but the latter invoked good faith and immunity from suit for acts relating
to his official duty, claiming he was not yet the Clerk of Court when Amor filed
his action. Decide.
71. The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes,
Inc. liable in damages arising from its delayed release of the title to the house
and lot that it sold to Josephine. Atlantic appealed to the Office of the President
which rendered a one page decision, affirming the attached HLURB judgment.
Atlantic challenges the validity of the decision of the Office of the President for
not stating the facts and the law on which it is based. Is the challenge correct?
A. No, the Office of the President is governed by its own rules respecting review
of cases appealed to it.
B. Yes, the decision of the Office of the President must contain its own crafted
factual findings and legal conclusions.
C. Yes, administrative due process demands that the Office of the President
make findings and conclusions independent of its subordinate.
D. No, the Office of the President is not precluded from adopting the
factual findings and legal conclusions contained in the HLURB decision.
B. The City of Cebu is liable for the tort committed by its employee while in the
discharge of a non-governmental function.
C. The City of Cebu is liable in accord with the precept of respondeat superior.
D. The City of Cebu is not liable as a consequence of its non-suitability.
74. An information for murder was filed against X. After examining the case
records forwarded to him by the prosecution, the trial judge granted bail to X
based on the prosecutions manifestation that it was not objecting to the grant
of bail. Is the trial judge correct?
A. Yes, the trial judge may evaluate the strength or weakness of the evidence
based on the case records forwarded to him.
B. No, the trial judge should have held a hearing to ascertain the
quality of the evidence of guilt that the prosecution had against X.
C. No, the trial judge should have conducted a hearing to ascertain first whether
or not X was validly arrested.
D. Yes, the trial judge may reasonably rely on the prosecutions manifestation
that he had no objection to the grant of bail.
78. The Constitution prohibits cruel and inhuman punishments which involve
A. torture or lingering suffering.
B. primitive and gross penalties.
C. unusual penal methods.
D. degrading and queer penalties.
79. Judge Lloyd was charged with serious misconduct before the Supreme Court.
The Court found him guilty and ordered him dismissed.
decision was not immediately executory, he decided a case that had been
submitted for resolution. The decision became final and executory.
But
the losing party filed a certiorari action with the Court of Appeals seeking to
annul the writ of execution issued in the case and bar Judge Lloyd from further
acting as judge. Can the relief against Judge Lloyd be granted?
A. No, Judge Lloyds right to stay as judge may be challenged only by
direct proceeding, not collaterally.
B. Yes, the action against Judge Lloyd may be consolidated with the case before
the Court of Appeals and decided by it.
80. Executive Secretary Chua issued an order prohibiting the holding of rallies
along Mendiola because it hampers the traffic flow to Malacanang. A group of
militants questioned the order for being unconstitutional and filed a case against
Secretary Chua to restrain him from enforcing the order. Secretary Chua raised
state immunity from suit claiming that the state cannot be sued without its
consent. Is the claim correct?
A. No, public officers may be sued to restrain him from enforcing an act
claimed to be unconstitutional.
B. Yes, the order was not a proprietary act of the government.
C. No, only the president may raise the defense of immunity from suit.
D. Yes, Secretary Chua cannot be sued for acts done in pursuance to his public
office.
81. Anton was the duly elected Mayor of Tunawi in the local elections of 2004.
He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran
for mayor, filed with the Local Election Registrar, a petition for recall against
Anton. The COMELEC approved the petition and set a date for its signing by
other qualified voters in order to garner at least 25% of the total number
of registered voters or total number of those who actually voted during the local
election in 2005, whichever is lower. Anton attacked the COMELEC resolution for
being invalid. Do you agree with Anton?
A. No, the petition, though initiated by just one person, may be ratified by at
least 25% of the total number of registered voters.
B. No, the petition, though initiated by just one person may be ratified by at
least 25% of those who actually voted during the 2004 local elections.
C. Yes, the petition should be initiated by at least 25% of the total number of
registered voters who actually voted during the 2004 local elections.
82. Using the description of the supplier of shabu given by persons who
had been arrested earlier for selling it, the police conducted a surveillance of the
area indicated. When they saw a man who fitted the description walking from
the apartment to his car, they approached and frisked him and he did not
object. The search yielded an unlicensed gun tucked on his waist and shabu in
his car. Is the search valid?
A. No, the man did not manifest any suspicious behavior that would
give the police sufficient reason to search him.
B. Yes, the police acted on reliable information which proved correct when they
searched the man and his car.
C. Yes, the man should be deemed to have waived his right to challenge the
search when he failed to object to the frisking.
D. No, reliable information alone, absent any proof beyond reasonable doubt
that the man was actually committing an offense, will not validate the search.
83. A law interfering with the rights of the person meets the requirements of
substantive due process when
A. the means employed is not against public policy.
B. it is in accord with the prescribed manner of enforcement as to time, place,
and person.
C. all affected parties are given the chance to be heard.
D. the interest of the general public, as distinguished from those of a
particular case, requires such interference.
84. A judge of the Regional Trial Court derives his powers and duties from
A. statute.
B. the President, the appointing power.
C. Supreme Court issuances.
85. When an elective officials preventive suspension will result in depriving his
constituents of his services or representation, the court may
A. require the investigating body to expedite the investigation.
B. hold in abeyance the period of such suspension.
C. direct the holding of an election to fill up the temporary vacancy.
D. shorten the period of such suspension.
86. When the State requires private cemeteries to reserve 10% of their lots for
burial of the poor, it exercises its
A. eminent domain power.
B. zoning power.
C. police power.
D. taxing power.
88. The President issued an executive order directing all department heads to
secure his consent before agreeing to appear during question hour before
Congress on matters pertaining to their departments. Is the executive order
unconstitutional for suppressing information of public concern?
A. No, because those department heads are his alter egos and he is but
exercising his right against self-incrimination.
B. Yes, the President cannot control the initiative of the department heads to
conform with the oversight function of Congress.
C. Yes, the President cannot withhold consent to the initiative of his department
heads as it will violate the principle of check and balance.
D. No, the President has the power to withhold consent to appearance
by his department heads during question hour.
89. When the President contracted a personal loan during his incumbency, he
may be sued for sum of money
A. during his term of office.
B. during his tenure of office.
C. after his term of office.
D. after his tenure of office.
91. A government that actually exercises power and control as opposed to the
true and lawful government is in terms of legitimacy
A. a government of force.
B. an interim government.
C. a de facto government.
D. an illegitimate government.
93. The President issued Proclamation 9517 declaring a state of emergency and
calling the armed forces to immediately carry out necessary measures to
suppress terrorism and lawless violence. In the same proclamation, he directed
the governments temporary takeover of the operations of all privately owned
communication utilities, prescribing reasonable terms for the takeover. Is the
takeover valid?
A. Yes, it is an implied power flowing from the Presidents exercise of emergency
power.
B. No, it is a power reserved for Congress alone.
C. Yes, subject to ratification by Congress.
D. No, it is a power exclusively reserved for the Peoples direct action.
95. The Office of the Special Prosecutor may file an information against a public
officer for graft
A.
on
its
own
initiative
subject
to
withdrawal
of
the
the Ombudsman.
B. independently of the Ombudsman, except in plunder cases.
information
by
96. Since the Constitution is silent as to who can appoint the Chairman of the
Commission on Human Rights, the President appointed W to that position
without submitting his appointment to the Commission on Appointments for
confirmation. Is Ws appointment by the President valid?
A. No, since the position of Chairman of the Commission was created by statute,
the appointment of its holder requires the consent of Congress.
B. Yes, since the power to appoint in the government, if not lodged
elsewhere, belongs to the President as Chief Executive.
C. Yes, since the power to fill up all government positions mentioned in
the Constitution has been lodged in the President.
D. No, because absent any express authority under the Constitution, the power
to appoint does not exist.
97. The Chief Justice appointed X, the Presidents sister, as Assistant Court
Administrator in the Supreme Court during the Presidents tenure. Claiming that
the Constitution prohibits the appointment in government of a Presidents
relative, a taxpayer asks for its nullification. Will the challenge prosper?
A. Yes, since the appointment essentially violates the law against nepotism.
B. Yes, because relatives of the President within the fourth civil degree cannot be
appointed as heads of offices in any department of government.
C.
No,
Xs
appointment,
although
in
the
government,
is
not
in
the
99. Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman
of the district covering Casidsid. Still, she continued to act as mayor of Casidsid
without collecting her salaries as such. When she lost the election and a new
mayor assumed office, she filed an action to collect the salaries she did not get
while serving as mayor even when she ran for congresswoman. Is her action
correct?
A. No, salaries can be waived and she waived them.
B. No, because her acts as de facto officer are void insofar as she is
concerned.
C. Yes, public policy demands that a de facto officer enjoy the same rights of a
de jure officer.
D. A. Yes, it is but just that she be paid for the service she rendered.