Short Essay Answers

HOW TO EFFECTIVELY ANSWER

SHORT ESSAY QUESTIONS IN LAW & BAR SUBJECTS

Our ultimate challenge: To be lawyers.

View of some Filipino law students: Forms and grammar are hardly
important. It is substance that really matters.

Contrary view by some responsible law students: What if the substance

is awkwardly formatted, ungrammatically written, erroneously structured,
and inaccurately punctuated?

ATTRIBUTES LOOKED FOR BY BAR EXAMINERS IN THE ANSWERS OF

FUTURE LAWYERS:

1. Correct appreciation of facts;

2. Ability to identify the issue/s;
3. Knowledge of the law and jurisprudence;
4. Logic and reasoning ability;
5. Responsiveness;
6. Clarity of ideas and handwriting;
7. Brevity;
8. Neatness of presentation;
9. Correct grammar and punctuation; and
10. Persuasion.
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EXAMINATION TIPS

The only thing that stands between a man and what he wants from life is often
merely the will to try it and the faith to believe that it is possible.
- Richard M. Devos

1. PRAY like you have never prayed before.

2. RELAX. Entertaining pressures and tension will be of no help. Think that this is
it and there is nothing more to do but to try your best.
3. Never ever think of cheating.
4. Take a quick browse at your questionnaire to have an overview of the length of
each question, the number of questions and sub-questions but do not concentrate
on the details as yet. (The proctor or watcher will instruct your group to count the
pages of the questionnaire -- this is the time for your quick browse.)
5. Budget your time according to the number of questions and length of problems.
Check the percentage allocation for each question. This will not only help you to
budget your time but also give you a cue on how difficult or intricate a problem is,
hence, warning you to be very careful with your answer.

Analysis of available time as benchmark for answering each question:

*4-hour examination with
15 questions = 16 minutes each question
20 questions = 12 minutes each question
*3-hour examination with
15 questions = 12 minutes each question
20 questions = 9 minutes each question

6. Read instructions carefully. Read each question carefully.

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7. While reading a question or case problem, analyze and start formulating your
answers. If you do this, it be easier and faster for you to write your answers since
you are already guided by your earlier analysis. It will also minimize errors and
erasures.
8. Be concise and responsive (brief but complete) in your answers. Try to contain
your answer to a simple question or sub-question in one page. Nevertheless, if you
have more ideas that you believe will supplement your answer, do not hesitate to
add them but just see to it that whatever you write is worth reading. Otherwise,
better stop. "Less write, less mistakes."
9. An answer to one question in one problem requires a separate page. Answers
to sub-questions may be presented continuously in a page separated by space/s.
It is suggested, however, that even answers sub-questions be presented on
separate pages, unless your answer is very short, so that in case you want to
change any answer or if you have missed a sub-question, you can still insert your
answer in the remaining spaces of the page.
10. Begin answering on the page indicated.
11. When necessary (and if allowed), seek clarifications from the proctor watcher,
never from your seatmates.
12. Answer neatly and legibly. Observe margins (do not far margins). Erase with
one horizontal line no matter how long the word, sentence or paragraph is. Do not
obliterate or cross them out.
13. Do not tear or fold any page.
14. Do not put or write any unwarranted mark or name in your notebook as this
will be considered as marking. Do not underline or capitalize your writings for
emphasis.
15. Maintain constantly a one-inch imaginary straight margin line in the left and
right sides of your page. Be sure the size of your letters can be easily read. Write
for your examiner, not for yourself.

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16. Leave a space between the paragraphs of your answer for better
presentation.

17. Be careful with your numberings. Tick every question on the questionnaire
which you have already answered. As much as possible, try not to skip questions
as you might forget or fail to go back to them. A good advice, however, is that you
can skip first few batch of questions if you are not sure of your answers until you
came across a sure answer to build up your confidence. A caveat, on the other
hand, is that you have to start within the first three questions. Otherwise, it would
be very difficult to estimate the pages of the notebook that you need to skip.
18. Immediately after answering every question, make a quick review. Check the
spelling, grammar and flow of thoughts/ideas so you can immediately effect
corrections, thus, prevent shortage of space.

19. After finishing with the last question, review all your answers again. Check if
you have covered all questions.

20. Check if you have completely complied with all the instructions and
requirements before submitting your notebook and before leaving the examination
room.

NOTE: Months or Years before the examination days, be sure you have practiced
everyday how to answer various types of law/bar questions in your practice
notebooks. Practice makes perfect and is a confidence booster, just like an
excellent basketball player.

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TIPS ON
HOW TO ANSWER DIFFERENT
TYPES OF ESSAY QUESTIONS

I. ENUMERATION

TIP: Always introduce your enumeration. Use appropriate punctuation marks

and conjunctions. [ : ; , and or ]

Question:

What are the essential requisites of a contract of partnership?

Answer:

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Question:
What are the limitations upon the power of Congress to enact penal
laws?

SUGGESTED ANSWER FORMAT:

(Format 1 - if certain, give the specific source)

The limitations upon the power of Congress to enact penal laws are the following:

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1. No ex post facto law or bill of attainder shall be enacted (Sec. 22, Art..
III, 1987 Constitution); and
2. No person shall be held to answer for a criminal offense without due
process of law (Sec. 14(1), Art, III, 1987 Constitution).

Format 2 - if not certain, dont attempt to give the specific source)

I -A

The limitations upon the power of Congress to enact penal laws are the
following:

1. No ex post facto law or bill of attainder shall be enacted; and

2. No person shall be held to answer for a criminal offense without due
process of law .

(Format 3 - when one is not sure of the total number of items, or could
not give all that are required)

I-B

The limitations upon the power of Congress to enact penal laws are
the following: no ex post facto law or bill of attainder shall be enacted and no
person shall be held to answer for a criminal offense without due process of law.

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II. DISTINCTIONS

TIP: Always introduce your distinctions. Use appropriate punctuation marks and
conjunctions [ : ; , and or ] . Be careful with FORMER & LATTER.

Question (Jurado, Civil Law Reviewer):

Distinguish a contract of agency and a contract of lease of services.

Answer:

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Question: Distinguish between justifying and exempting circumstances.

ANSWER FORMAT: (using numbers)

II
Justifying circumstances may be distinguished from exempting
circumstances as follows:

1. In the former, there is neither a crime committed nor a criminal

because the acts therein are legally justified, while in the latter, there is a

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crime committed but there is no criminal because the law excuses the
offender from liability therefor; and

2. There is no crime nor a criminal in the former, civil liability does not
also attach to the offender, except in case of a state of necessity where the
party benefited should indemnify the person injured, while in the latter, although
criminal liability is excused, civil liability attaches to the offender because
of the fact that a has been committed.

ANSWER FORMAT: (using distinguishing characteristics)

Question: Distinguish between a petition for certiorari under Rule 65

from Appeal by Certiorari under Rule 45.

Petition for Certiorari under Rule 65 may be distinguished from Appeal by

certiorari under Rule 45 as follows:

As to Nature: Petition for Certiorari is a special civil action while Appeal by

certiorari is a mode of appeal.

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As to Object: Petition for Certiorari seeks to question errors in jurisdiction

while Appeal by certiorari seeks to question errors in judgement.

Period of Filing: Petition for Certiorari is filed within 6o days from receipt of
the final order or resolution being assailed, while Appeal by certiorari is filed within
15 days from receipt of final order or resolution being appealed from.

III. SIMPLE CASE PROBLEM ANSWERABLE BY CATEGORICAL YES OR

NO.

This means that there is only sure answer without any qualification because all the
facts are stated and they all fall squarely to the applicable law.

TIPS FOR YES OR NO ANSWER FORMAT - TRAC

1. Start with the topic or thesis paragraph stating your categorical answer to the
question, i.e., Yes/No, completed by the issue in question.

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2. The second paragraph is a citation of the applicable Rule , law or jurisprudence

or both

3. The third paragraph is the Application of the law on the facts.

4. The fourth paragraph may be your Conclusion. (optional or this may form part
of the third paragraph)

NOTE:
If the instruction is to give only a one-sentence answer, you can still apply the
TRAC format within that one sentence.

Question:

The land in question originally belonged to X. He died in 1928 intestate,

survived by his children, A, B, C and D. in 1937, D and a first cousin, E,
through a series of fraudulent acts, were able to register the land. A Torrens
title was issued in their names. In 18945, the 2 subdivided the property and 2
new transfer certificates of title were issued in their names. In 1960, A, B, and
C, brought an action against them for reconveyance on the ground of the
existence of an implied or constructive trust under Article 1456 of the Civil

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Code. D and E set up the defense of extinctive prescription. Is the defense

tenable?

Answer:

(Question No. Ill, 1998 Bar Examination in Labor and Social Legislation)

A lady worker was born with a physical deformity, specifically, hard of

hearing, speech impaired and color blind. These deficiencies do not impair
her working ability. Can the employer classify the lady worker as a

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handicapped worker so that her daily wage will only be seventy-five

percent (75%) of the applicable daily minimum wage?

SUGGESTED ANSWER FORMAT: (lifted from an actual answer)

(Start with the first paragraph stating your categorical answer to the question, i.e., Yes/No/I
distinguish/I qualify, completed by the issue in question.)

No. The employer cannot classify the lady worker as a handicapped worker
in the case at bar.

(The second paragraph is a citation of the applicable law or jurisprudence or both.)

It is provided for under the Labor Code of the Philippines, that to be

considered a handicapped worker, the physical deficiencies or deformities of a
worker must adversely affect or impair his working ability or capacity in relation to
his assigned job. Here, the law allows the payment of a wage of at least seventy-
five percent (75%) of the applicable daily minimum wage.

(The third paragraph is the application of the law on the facts.)

In the case at bar, the deficiency of the lady worker is unrelated to or does
not impair her ability in the performance of her assigned job.

(The fourth paragraph may be your conclusion. (optional or this may form part of the third
paragraph).

Therefore, she should not be classified as handicapped worker and should be

entitled to the full applicable daily minimum wage.

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(Format 1 - with 3 to 4 paragraphs TRAC format)

III
No. The employer cannot classify the lady worker as a handicapped
worker in the case at bar.

It is provided for under the Labor Code of the Philippines, that to be

considered a handicapped worker, the physical deficiencies or deformities of a
worker must adversely affect or impair his working ability or capacity in relation to
his assigned job. In this case, the law allows the payment of a wage of at least
seventy-five percent (75%) of the applicable daily minimum wage.

In the case at bar, the deficiency of the lady worker is unrelated to

or does not impair her ability in the performance of her assigned job.

Therefore, she should not be classified as handicapped worker and should be

entitled to the full applicable daily minimum wage.

(Format 2 - with 3 to 4 paragraphs TRAC format, with COMMA after

YES/NO)

III-A
No, the employer cannot classify the lady worker as a handicapped
worker in the case at bar.

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It is provided for under the Labor Code of the Philippines, that to be

considered a handicapped worker, the physical deficiencies or deformities of a
worker must adversely affect or impair his working ability or capacity in relation to
his assigned job. In this case, the law allows the payment of a wage of at least
seventy-five percent (75%) of the applicable daily minimum wage.

In the case at bar, the deficiency of the lady worker is unrelated to

or does not impair her ability in the performance of her assigned job.

Therefore, she should not be classified as handicapped worker and should be

entitled to the full applicable daily minimum wage.

(Format 3 - with 3 to 4 paragraphs TRAC format, with

Affirmative/Negative statement in lieu of YES/NO)

III-B

The employer cannot classify the lady worker as a handicapped worker

in the case at bar.

It is provided for under the Labor Code of the Philippines, that to be

considered a handicapped worker, the physical deficiencies or deformities of a
worker must adversely affect or impair his working ability or capacity in relation to
his assigned job. In this case, the law allows the payment of a wage of at least
seventy-five percent (75%) of the applicable daily minimum wage.

In the case at bar, the deficiency of the lady worker is unrelated to

or does not impair her ability in the performance of her assigned job.

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Therefore, she should not be classified as handicapped worker and should be

entitled to the full applicable daily minimum wage.

Format 4 -- One Sentence TRAC Format)

III-C

No, the employer cannot classify the lady worker as a handicapped

worker because under the Labor Code ,for an employee to be considered a
handicapped worker, his physical deficiencies or deformities must be such as to
adversely affect or impair his working ability or capacity in relation to his assigned
job, for the purpose of allowing the payment of a wage of at least seventy-five
percent (75%) of the applicable daily minimum wage; but in this case, the
workers deficiency is unrelated to or does not impair her ability to perform
her assigned job.

Format 5 -- One Sentence TRAC Format, without YES/NO)

III-D

The employer cannot classify the lady worker as a handicapped worker

because under the Labor Code ,for an employee to be considered a handicapped
worker, his physical deficiencies or deformities must be such as to adversely
affect or impair his working ability or capacity in relation to his assigned job, for
the purpose of allowing the payment of a wage of at least seventy-five percent
(75%) of the applicable daily minimum wage; but in this case, the workers

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deficiency is unrelated to or does not impair her ability to perform her

assigned job.
Another Example for Categorical Yes/No Answer

QUESTION:
The American Consul accredited to the Philippines while driving his car
recklessly and imprudently along Roxas Boulevard bumped a pedestrian
who was crossing the street and the latter died as a consequence of his
injuries. Prosecuted in court for the crime of homicide thru reckless
imprudence, the Consul claimed diplomatic immunity alleging that he is
not subject to Philippine laws and regulations. Is his defense tenable?
Why?

Format 1 -- using 3 - 4 paragraphs format)

IV

No. The American consuls defense of diplomatic immunity is not tenable.

Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.

Hence, he cannot rightfully claim diplomatic immunity.

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Format 2 -- using 3 - 4 paragraphs format, with comma after YES/NO)

IV-A
No, the American consuls defense of diplomatic immunity is not tenable.

Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.

Hence, he cannot rightfully claim diplomatic immunity.

Format 3 -- using 3 - 4 paragraphs format, with Affirmative/Negative

statement in lieu of YES/NO)

IV-B

The American consuls defense of diplomatic immunity is not tenable.

Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.

Hence, he cannot rightfully claim diplomatic immunity.

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Format 4 -- One Sentence TRAC format , and if one is sure, with specific
SC decision cited within the answer)

IV-C
No, the American consuls defense of diplomatic immunity is not tenable
because, under the international law and as ruled by the Supreme Court in the
case of Schneckenburger vs. Moran, 63 Phil. 250, those who enjoy diplomatic
immunity are only the sovereigns or heads of states, ambassadors, ministers
plenipotentiary and ministers resident, but not the consuls.

Format 5 -- One Sentence TRAC format, and if one is sure, with specific
SC decision cited at the end of the answer)

IV-D
No, the American consuls defense of diplomatic immunity is not tenable
because, under the international law , those who enjoy diplomatic immunity
are only the sovereigns or heads of states, ambassadors, ministers
plenipotentiary and ministers resident, but not the consuls (Schneckenburger vs.
Moran, 63 Phil. 250).

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Format 6 -- One Sentence TRAC format ,without specific SC decision

cited)

IV-E
No, the American consuls defense of diplomatic immunity is not tenable
because, under international law, those who enjoy diplomatic immunity are
only the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident, but not the consuls.

Format 5 -- One Sentence TRAC format , without specific SC decision

cited, without YES /NO)

VI-F

The American consuls defense of diplomatic immunity is not tenable

because, under international law, those who enjoy diplomatic immunity are
only the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident, but not the consuls.

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IV. CASE PROBLEM CALLING FOR A QUALIFIED ANSWER

This question calls for a qualified YES or NO answer. A little twist or change of
fact, if so stated, would have called for a definite answer; however, the facts of
the problem lack that essential detail or details that could have called for only one
definite answer. For this reason, it is better for the examinee to give a qualified
answer. An + / -- statement with IF, HOWEVER IF format is suggested, if
appropriate. In some instances, the use of PROVIDED after the + / -- statement,
or introducing the answer with IT DEPENDS helps. A Yes /No with qualification
format is also suggested.

QUESTION
A, a convicted prisoner, learns that he is already overstaying in jail
because his jail guard who happens to be law student advised him that
there is no more legal ground for his continued imprisonment, and the jail
guard told him that he can go. Is there a crime committed?

[Analysis: In this case, who is/are the target of having committed a crime, the
prisoner, the guard or both? And what crime or crimes? Has the prisoner already
escaped as advised by the guard? Obviously these are not clearly given in the
problem, hence, the need of a qualified answer.]

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QUESTION CALLING FOR QUALIFIED ANSWER

Format 1 -- using + / -- statement with IF / HOWEVER-IF format)

No crime is committed by A if he does not leave the jail. However, if A

gets out of jail, he commits a crime known as evasion of sentence while the guard
can be held liable for infidelity in the custody of the criminal. Considering
that A was sentenced to imprisonment after according him due process of law,
he cannot, in the same measure, be released, even assuming he indeed exceeded
the period of his sentence, without going through a legal process, either
administratively or judicially.

QUESTION CALLING FOR QUALIFIED ANSWER

Format 2 -- using It Depends / IF + HOWEVER IF format, 2
paragraphs)

V-A
It depends.

If A does not leave the jail, no crime is committed. However, if A

gets out of jail, he commits a crime known as evasion of sentence while the
guard can be held liable for infidelity in the custody of the criminal.
Considering that A was sentenced to imprisonment after according him due
process of law, he cannot, in the same measure, be released, even assuming he

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indeed exceeded the period of his sentence, without going through a legal
process, either administratively or judicially.

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 3 -- using It Depends / IF + However-IF format , 1 paragraph)

V-B

It depends. If A does not leave the jail, no crime is committed.

However, if A gets out of jail, he commits a crime known as evasion of
sentence while the guard can be held liable for infidelity in the custody of the
criminal. Considering that A was sentenced to imprisonment after
according him due process of law, he cannot, in the same measure, be released,
even assuming he indeed exceeded the period of his sentence, without
going through a legal process, either administratively or judicially.

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ANOTHER EXAMPLE OF A QUESTION CALLING FOR QUALIFIED ANSWER

QUESTION:
May a married woman engage in commerce without the consent of her
husband?

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 1 -- using a Yes or No + Provided / If format)

VI
Yes, a married woman may engage in commerce provided she has all
the qualifications, even without the consent of her husband because Art. 73
of the Family Code expressly provides that either spouse may exercise any
legitimate profession, occupation, business or activity without the consent of the
other.

Under the law, a person may engage in business if one is of legal

age, has capacity to enter into contract and is not suffering the penalty of civil
interdiction, the nature of the business engaged in is not against the law,
morals and public policy, and the object of the business is within the commerce
of men.

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QUESTION CALLING FOR QUALIFIED ANSWER

Format 2 -- using Yes or No / Provided format = 1 PARAGRAPH)

VI-A

Yes, a married woman may engage in commerce provided she has all the
qualifications, even without the consent of her husband. Under Art. 73 of the
Family Code, "Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.

QUESTION CALLING FOR QUALIFIED ANSWER

Format 3 -- using Affirmative/Negative statement in lieu of Yes /No
+ Provided format = 1 PARAGRAPH)
VI-B
A married woman may engage in commerce provided she has all the
qualifications, even without the consent of her husband. Under Art. 73 of
the Family Code, Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.

QUESTION CALLING FOR QUALIFIED ANSWER

Format 4 -- using It Depends / Provided / However format, 2 or 3
paragraphs)

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IV-C
It depends.

A married woman may engage in commerce and even without the

consent of her husband, provided she has all the qualifications. However, she
may not engage in commerce if she does not possess all the qualifications
prescribed by law or her husbands objection thereto is based on valid, serious and
moral grounds.

Under Art. 73 of the Family Code, it is expressly stated that either

spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other.

ANOTHER EXAMPLE OF A QUESTION CALLING FOR QUALIFIED ANSWER

May a husband validly object that his wife engage in business?

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 1 -- using a Yes or No / Provided format)

VII
Yes, the husband may object that his wife engage in business provided he
has valid, serious and moral grounds.

Under the Family Code , in case of disagreement, the court shall

decide whether or not the objection is proper, and the benefit has occurred
prior to the objection or thereafter. If the benefit accrued prior to the objection,
the resulting obligation shall be enforced against the separate property of

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spouse who has not obtained consent; but the rights of the creditor who
acted in good faith shall not be prejudiced.

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 2 -- using Affirmative/Negative statement in lieu of a Yes/No ,
with Provided format)

VII-A

The husband may object that his wife engage in business provided he has
valid, serious and moral grounds.

Under the Family Code, in case of disagreement, the court shall

decide whether or not the objection is proper, and the benefit has occurred
prior to the objection or thereafter. If the benefit accrued prior to the objection,
the resulting obligation shall be enforced against the separate property of
spouse who has not obtained consent; but the rights of the creditor who
acted in good faith shall not be prejudiced.

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 3 -- using It Depends , followed by affirmative and then
negative format)

VII-B
It depends.

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Under the Family Code, the husband may validly object that his wife
engage in business provided he has valid, serious and moral grounds. In the
absence of any such ground, the husband s objection will not have any legal effect
to bar his wifes commercial engagement.

Moreover, in case of disagreement, the court shall decide whether or

not the objection is proper, and the benefit has occurred prior to the
objection or thereafter. If the benefit accrued prior to the objection, the resulting
obligation shall be enforced against the separate property of spouse who has not
obtained consent; but the rights of the creditor who acted in good faith shall not
be prejudiced.

ANOTHER EXAMPLE OF A PROBLEM CALLING FOR QUALIFIED ANSWER:

QUESTION:
A building is owned by Y. He stores some machineries inside the building.
He has used the building as a collateral to a loan and is covered by a
chattel mortgage. The machineries are likewise mortgaged and covered
by a chattel mortgage, which is duly registered. Y sells the land and the
building and machineries therein to Z, the latter not knowing the chattel
mortgages.
(a) Is Z bound by the chattel mortgage on the building?

QUESTION CALLING FOR QUALIFIED ANSWER

(Format 1 -- using a Yes or No / Qualification format)

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VIII

No, the chattel mortgage on the building is not binding on Z. As far as Z

is concerned, the contract of chattel mortgage is void from the very beginning.
The reason is obvious. Under the Chattel Mortgage Law, only chattels or
personalty may be the object of a contract of chattel mortgage. A building is
certainly not a chattel or personalty. It is a realty by incorporation; hence, it
cannot be the proper object of a chattel mortgage.

In some cases decided by the Supreme Court, it has been held that the
contract of chattel mortgage, applying the principle of estoppel, is binding.
However, this rule can be applied only to a situation or controversy involving the
contracting parties only. It cannot be applied to Z, who is a third person, as far as
the chattel mortgage is concerned.

QUESTION CALLING FOR QUALIFIED ANSWER

Format 2 -- using Yes/No with Qualification -- with a slight
modification)

VIII-A

No, the chattel mortgage on the building is not binding on Z. As far as Z is

concerned, the contract of chattel mortgage is void from the very beginning. The
reason is obvious. Under the Chattel Mortgage Law, only chattels or personalty
may be the object of a contract of chattel mortgage. A building is certainly not a
chattel or personalty. It is a realty by incorporation; hence, it cannot be the
proper object of a chattel mortgage.

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Although in some cases decided by the Supreme Court it has been held that
the contract of chattel mortgage, applying the principle of estoppel, is binding,
this rule , however, can be applied only to a situation or controversy involving the
contracting parties only. It cannot be applied to Z, who is a third person, as far as
the chattel mortgage contract is concerned.

QUESTION CALLING FOR QUALIFIED ANSWER

Format 3 -- using Affirmative/Negative statement in lieu of Yes/No,
with Qualification -and with a slight modification)

VIII-B
The chattel mortgage on the building is not binding on Z. As far as Z is
concerned, the contract of chattel mortgage is void from the very beginning. The
reason is obvious. Under the Chattel Mortgage Law, only chattels or personalty
may be the object of a contract of chattel mortgage. A building is certainly not a
chattel or personalty. It is a realty by incorporation; hence, it cannot be the
proper object of a chattel mortgage.

Although in some cases decided by the Supreme Court it has been held
that the contract of chattel mortgage, applying the principle of estoppel, is
binding, this rule , however, can be applied only to a situation or controversy
involving the contracting parties only. It cannot be applied to Z, who is a third
person, as far as the chattel mortgage contract is concerned.

ANOTHER EXAMPLE:

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(b) Is Z bound by the chattel mortgage on the machineries?

Suggested answer
(Format 1 -- using Yes or No / Qualification format):

IX
Yes, the chattel mortgage on the machineries is binding on Z. The contract
of chattel mortgage is certainly valid and binding not only as far as the contracting
parties are concerned but even as far as third persons are concerned, more so if
the chattel mortgage is registered with the proper government office.

True, under the Civil Code machineries are classified as real property , but
this is so only when they are intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and
which tend directly to meet the needs of said industry or works. Here, the
machineries are merely stored by Y in his building. Therefore, they are
still classified as chattel or personalty for the purpose of the Chattel Mortgage Law.

Suggested answer
(Format 2 -- using Affirmative/Negative statement in lieu of Yes/No ,
with Qualification format):

IX-A
The chattel mortgage on the machineries is binding on Z. The contract of
chattel mortgage is certainly valid and binding not only as far as the contracting
parties are concerned but even as far as third persons are concerned, more so if
the chattel mortgage is registered with the proper government office.

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True, under the Civil Code machineries are classified as real property ,
but this is so only when they are intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and
which tend directly to meet the needs of said industry or works. Here, the
machineries are merely stored by Y in his building. Therefore, they are
still classified as chattel or personalty for the purpose of the Chattel Mortgage Law.

HOW WILL YOU ANSWER IF THE QUESTION IS PHRASED LIKE THIS:

Are the chattel mortgages on the building and machineries binding on Z?

Suggested answer
X

It depends.

The chattel mortgage on the building is not binding on Z. As far as Z is

concerned, the contract of chattel mortgage is void from the very beginning
because , under the Chattel Mortgage Law, only chattels or personalty may be the
object of a contract of chattel mortgage. A building is certainly not a chattel or
personalty. It is a realty by incorporation; hence, it cannot be the proper object of
a chattel mortgage. The only instance when said mortgage is binding on Z is
when he is a party to the said chattel mortgage.

It is different in the case of the chattel mortgage on the machineries. The

contract of chattel mortgage is certainly valid and binding not only as far as the
contracting parties are concerned but even as far as third persons are concerned

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even if they have no knowledge about it if the chattel mortgage is registered with
the proper government office.

True, under the Civil Code machineries are classified as real property but
only when they are intended by the owner of the tenement for an industry or
works which may be carried on in a building or on a piece of land, and which tend
directly to meet the needs of said industry or works. Here, the machineries are
merely stored by Y in his building. Therefore, these are still classified as
chattels or personalty for the purpose of the Chattel Mortgage Law.

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V. PROBLEMS CALLING FOR ALTERNATIVE ANSWERS

This kind of question is actually answerable by YES or NO, but there is a need to
present both sides in case there are conflicting theories, opinions or schools of
thought on the subject by some legal authorities, which by themselves may
appear to be correct.

FIRST METHOD OF ALTERNATIVE ANSWER

1. The first paragraph contains the statement that there are different views
applicable to the case.
2. The second paragraph will present the first view.
3. The third paragraph will present the other view, usually that which is most
accepted or that with which you concur.
4. The fourth paragraph will indicate to which view you subscribe. (Note: This
may form part of the third paragraph.)

QUESTION
Manny killed his wife under exceptional circumstances and was sentenced
by the Regional Trial Court of Dagupan City to suffer the penalty of
destierro during which he was not to enter the city. Later, however,
Manny went to Dagupan City to visit his friends and his property. Did
Manny commit any crime?

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ALTERNATIVE ANSWER FORMAT:

Format 1 (lifted from actual answers)

1. The first paragraph contains the statement that there are different views,
applicable to the case.
e.g., There have been different views as regards the imposition of the
penalty of destierro upon the offender who killed his spouse under
exceptional circumstances.

2. The second paragraph will present the first view.

e.g., Firstly, the imposition of destierro under such a case should not
be regarded as a penalty to the offender. It has been submitted that the
same is merely for the protection of the convicted offender against
possible retaliatory acts of the relatives of his victim. In this case,
therefore, Manny cannot be said to have committed a crime.

3. The third paragraph will present the other view, usually that which is most
accepted or that with which you concur.
e.g., On the other hand, where it would be considered that the
destierro imposed is a penalty, which is clearly provided in the law
without any qualification, Manny committed the crime of evasion of
service of sentence since he entered within the prescribed area of his
banishment.

4. The fourth paragraph will indicate to which view you subscribe. (this may
form part of the third paragraph)
e.g., I subscribe to the second view.

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(Format 1 - following the preceding structure of the answer)

XI
There have been different views as regards the imposition of the
penalty of destierro upon the offender who killed his spouse under exceptional
circumstances.

On one hand, the imposition of destierro under such a case should not
be regarded as a penalty to the offender. It has been submitted that the
same is merely for the protection of the convicted offender against
possible retaliatory acts of the relatives of his victim. In this case, therefore,
Manny cannot be said to have committed a crime.

On the other hand, where it would be considered that the

destierroimposed is a penalty, which is clearly provided in the law without any
qualification, Manny committed the crime of evasion of service of sentence since
he entered within the prescribed area of his banishment.

I subscribe to the second view.

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ALTERNATIVE ANSWER
(Format 2 Yes/No with brief mention of the other view or theory)

XI-A

Yes, Manny committed the crime of evasion of service of sentence.

Despite the contrary view by some legal theorists, under the Revised Penal
Code of the Philippines, destierro is a kind of penalty, which is expressly provided
in the law without any qualification.

In this case, Manny entered the place from which he was banished by
the court without any clearance or authority from the same court. He is,
therefore, liable for the crime of evasion of service of sentence .

ALTERNATIVE ANSWER
(Format 3 Without Yes/No but only the Affirmative or Negative
statement, with brief mention of the other view or theory)

XI-B
Manny committed the crime of evasion of service of sentence.

Despite the contrary view by some legal theorists, under the Revised
Penal Code of the Philippines, destierro is a kind of penalty, which is expressly
provided in the law without any qualification.

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In this case, Manny entered the place from which he was banished by
the court without any clearance or authority from the same court. He is,
therefore, liable for the crime of evasion of service of sentence .

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WORKSHOP

Exercises in:

1. Answering questions
2. Analyzing questions
3. Critiquing answers

X is a general partner of XYZ Co. T is a creditor to both X and XYC Co. in the
amount of P100,000 and upon demand by X, T paid him the sum of P100,000.
Upon learning of this development, partners Y and Z demanded from X that the
entire sum of P100,000 paid by T be remitted to the partnership. X refused,
reasoning that the entire amount should go to him as payment of Ts debt to him
(X) since he was the one who demanded for and collected the payment. Is Xs
contention correct? Why?

AA, a passenger in a vessel belonging to XX Co., and whose name in the

passenger manifest on its January 1, 2003 voyage, was among those who died
when the vessel capsized as a result of the alleged negligence of its crew. The
complaint for damages was filed on April 30, 2009 by AAs heirs. It is now
contended by XX Co. that the action is already barred by the statute of limitations
because it is one for recovery of damages which is not based on a written
contract. Is this contention correct? Reason.

PP took possession of a parcel of unregistered land belonging to MM in good faith

and by virtue of a just title on June 15, 1989. Exactly 9 years afterwards, on June
15, 1998, he became aware of certain facts which show that he was in possession
of the land wrongfully.

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In a case filed by MM against PP on February 15, 2009, he contended that 30

years from June 15, 1989 was needed before PP could be considered as the lawful
owner of the property in question by prescription. Is MMs contention tenable?
Reason.

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