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2010 Bar Examination Questions

Political Law

05 September 2010 8 A.M. – 12 NN.

INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with sixteen (16) questions (numbered I to XVI),
contained in eight (8) pages; and Part II with eleven (11) questions (numbered XVII to XXVII),
contained in four (4) pages, for a total number of twelve (12) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion under
the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12)PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW

PART I

I
The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by
Gen. Abe, former royal guards and the secessionist Gordon People‟s Army. The new government
constituted a Truth and Reconciliation Commission to look into the serious crimes committed under
President A‟s regime. After the hearings, the Commission recommended that an amnesty law be
passed to cover even those involved in mass killings of members of indigenous groups who opposed
President A. International human rights groups argued that the proposed amnesty law is contrary to
international law. Decide with reasons. (4%)

II
Compare and contrast the jurisdiction of the International Criminal Court and International Court of
Justice. (3%)

III
A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in
Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A
moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which
was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief from
Thai authorities but was refused assistance.
a. Is there state responsibility on the part of Thailand? (2%)
b. What is the appropriate remedy available to the victim‟s family under international law? (3%)

IV
Choose the statement which appropriately completes the opening phrase:
A State which resorts to retorsion in international law
a. must ensure that all states consent to its act.
b. cannot curtail migration from the offending state.
c. can expel the nationals of the offending state.
d. should apply proportionate response within appreciable limit.
e. None of the above.
Explain your answer. (2%)

V
Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in
her Statement of Assets and Liabilities. A member of her political party authored a bill which would
provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract
investors. The plan included an appropriation of 2 billion pesos for construction of roads around the
estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of
the law as it obviously benefitted Congresswoman A‟s industrial estate. Decide with reasons. (3%)

VI
The “Poverty Alleviation and Assistance Act” was passed to enhance the capacity of the most
marginalized families nationwide. A financial assistance scheme called “conditional cash transfers” was
initially funded 500 million pesos by Congress. One of the provisions of the law gave the Joint-
Congressional Oversight Committee authority to screen the list of beneficiary families initially
determined by the Secretary of Department of Social Welfare and Development pursuant to the
Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned
the authority of the Committee.
a. Does Mang Pandoy have legal standing to question the law?(2%)
b. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional?
(3%)
Decide with reasons.

VII
True or False.
a. A proclamation of a state of emergency is sufficient to allow the President to take over any
public utility. (0.5%)
b. A treaty which provides tax exemption needs no concurrence by a majority of all the Members
of the Congress. (0.5%)

VIII
Distinguish “presidential communications privilege” from “deliberative process privilege.” (3%)

IX
The League of Filipino Political Scientists (LFPS) organized an international conference on the human
rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar
professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker.
The Secretary of Foreign Affairs informed the President of the regional and national security
implications of having Prof. Kui address the conference. The President thereupon instructed the
immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of
CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%)

X
A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of
Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and
production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the
copying of relevant documents, including the list of detainees, if any. Accompanied by court-
designated Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation
cell where her husband was allegedly seen being held for three days and tortured before he finally
disappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp
Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the
ground that it may violate his right against self-incrimination. Decide with reasons. (4%)

XI
Which statement best completes the following phrase: (1%)
“Freedom from torture is a right
a. subject to derogation when national security is threatened.”
b. confined only during custodial investigation.”
c. which is non-derogable both during peacetime and in a situation of armed conflict.”
d. both (a) and (b)
e. none of the above.

XII
A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a
few seconds, he heard B shouting, “Huwag Pilo babayaran kita agad.” Then A saw the two hooded
men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a
fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines
Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle.
The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1
Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2
ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide
with reasons. (4%)

XIII
True or False.
a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a
local government unit. (0.5%)
b. Re-classification of land by a local government unit may be done through a resolution. (0.5%)
c. Boundary disputes between and among municipalities in the same province may be filed
immediately with the Regional Trial Court. (0.5%)
d. The Metropolitan Manila Development Authority is authorized to confiscate a driver‟s license in
the enforcement of traffic regulations. (0.5%)

XIV
ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid
substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among
residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC
demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the
Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon
issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for
injunction before the Regional Trial Court, arguing that the city government did not have any power to
abate the alleged nuisance. Decide with reasons. (3%)

XV
True or False.
a. A person who occupies an office that is defectively created is a de facto officer. (0.5%)
b. The rule on nepotism does not apply to designations made in favor of a relative of the
authority making a designation. (0.5%)
c. A discretionary duty of a public officer is never delegable. (0.5%)
d. Acquisition of civil service eligibility during tenure of a temporary appointee does not
automatically translate to a permanent appointment. (0.5%)

XVI
Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a
Manila-based entrepreneur who runs KABAKA, a coalition of peoples‟ organizations from fisherfolk
communities. KABAKA‟s operations consist of empowering fisherfolk leaders through livelihood
projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private
organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry,
which, in turn is allocated worldwide to the Foundation‟s partners like KABAKA. Rudy seeks to register
KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified
as a party-list and a nominee, respectively? Decide with reasons. (4%)

PART II

XVII
During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint
for carrying highpowered firearms in his car. He was charged and convicted for violation of the
COMELEC gun ban. He did not appeal his conviction and instead applied for executive clemency.
Acting on the favorable recommendation of the Board of Pardons and Parole, the President granted
him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%)

XVIII
The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular
and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional
Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of
Budget and Management (DBM). Implicated in the questionable disbursements are high officials of the
Palace. The House Committee summoned X and the DBM Secretary to appear and testify. X refused to
appear, while the Secretary appeared but refused to testify invoking executive privilege.
a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him?
(2%)
b. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the
House Committee? Explain briefly. If the answer is no, is there any sanction that may be
imposed upon him? (3%)

XIX
To instill religious awareness in the students of Doña Trinidad High School, a public school in Bulacan,
the Parent- Teacher‟s Association of the school contributed funds for the construction of a grotto and a
chapel where ecumenical religious services and seminars are being held after school hours. The use of
the school grounds for these purposes was questioned by a parent who does not belong to any
religious group. As his complaint was not addressed by the school officials, he filed an administrative
complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%)
XX
Define/explain the following:
a. Doctrine of operative facts (1%)
b. De facto municipal corporation (1%)
c. Municipal corporation by estoppel (1%)
d. Doctrine of necessary implication (1%)
e. Principle of holdover (1%)

XXI
The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to
have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls
assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to
freely choose a calling or business. Is the ordinance valid? Explain. (5%)

XXII
Governor Diy was serving his third term when he lost his governorship in a recall election.
a. Who shall succeed Governor Diy in his office as Governor? (1%)
b. Can Governor Diy run again as governor in the next election? (2%)
c. Can Governor Diy refuse to run in the recall election and instead resign from his position as
governor? (2%)

XXIII
A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The
Commission on Appointments bypassed his ad interim appointment, however, and he was not re-
appointed. Can he re-assume his position as career Ambassador? (5%)

XXIV
Compare and contrast “overbreadth doctrine” from “void-forvagueness” doctrine. (5%)

XXV
a. What is the rotational scheme of appointments in the COMELEC? (2%)
b. What are the two conditions for its workability? (2%)
c. To what other constitutional offices does the rotational scheme of appointments apply? (2%)

XXVI
Distinguish between “pocket veto” and “item veto.” (2%)

XXVII
What is the concept of association under international law? (2%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Labor Law

05 September 2010 2 P.M. – 5 P.M.

INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with thirteen (13) questions (numbered I to XIII),
contained in seven (7) pages; and Part II with twelve (12) questions (numbered XIV-XXV), contained
in six (6) pages, for a total number of thirteen (13) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion under
the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LABOR AND SOCIAL LEGISLATION


PART I

I
TRUE OR FALSE. Explain your answer briefly.
1. Deeds of release, waivers and quitclaims are always valid and binding. (2%)
2. The relations between employer and employee are purely contractual in nature. (2%)
3. As a general rule, direct hiring of Overseas Filipino Workers (OFWs) is not allowed. (2%)

II
a. Distinguish the terms “conciliation,” “mediation” and “arbitration.” (3%)
b. Differentiate “surface bargaining” from “blue-sky bargaining.” (2%)

III
A, single, has been an active member of the Social Security System for the past 20 months. She
became pregnant out of wedlock and on her 7th month of pregnancy, she was informed that she
would have to deliver the baby through caesarean section because of some complications. Can A claim
maternity benefits? If yes, how many days can she go on maternity leave? If not, why is she not
entitled? (3%)

IV
A, a worker at ABC Company, was on leave with pay on March 31, 2010. He reported for work on April
1 and 2, Maundy Thursday and Good Friday, respectively, both regular holidays. Is A entitled to
holiday pay for the two successive holidays? Explain. (3%)

V
Company XYZ has two recognized labor unions, one for its rank-and-file employees (RFLU), and one
for supervisory employees (SELU). Of late, the company instituted a restructuring program by virtue
of which A, a rank-and-file employee and officer of RFLU, was promoted to a supervisory position
along with four (4) other colleagues, also active union members and/or officers. Labor Union KMJ, a
rival labor union seeking recognition as the rank-and-file bargaining agent, filed a petition for the
cancellation of the registration of RFLU on the ground that A and her colleagues have remained to be
members of RFLU. Is the petition meritorious? Explain. (3%)

VI
A is a member of the labor union duly recognized as the sole bargaining representative of his
company. Due to a bargaining deadlock, 245 members of the 500-strong union voted on March 13,
2010 to stage a strike. A notice of strike was submitted to the National Conciliation and Mediation
Board on March 16, 2010. Seven days later or on March 23, 2010, the workers staged a strike in the
course of which A had to leave and go to the hospital where his wife had just delivered a baby. The
union members later intimidated and barred other employees from entering the work premises, thus
paralyzing the business operations of the company.
A was dismissed from employment as a consequence of the strike.
a. Was the strike legal? Explain. (3%)
b. Was A‟s dismissal valid? Why or why not? (3%)

VII
A was an able seaman contracted by ABC Recruitment Agency for its foreign principal, Seaworthy
Shipping Company (SSC). His employment contract provided that he would serve on board the
Almieda II for eight (8) months with a monthly salary of US$450. In connection with his employment,
he signed an undertaking to observe the drug and alcohol policy which bans possession or use of all
alcoholic beverages, prohibited substances and un-prescribed drugs on board the ship. The
undertaking provided that: (1) disciplinary action including dismissal would be taken against anyone in
possession of the prohibited substances or who is impaired by the use of any of these substances, and
(2) to enforce the policy, random test sampling would be done on all those on board the ship.
On his third month of service while the Almieda II was docked at a foreign port, a random drug test
was conducted on all members of the crew and A tested positive for marijuana. He was given a copy
of the drug test result. In compliance with the company‟s directive, he submitted his written
explanation which the company did not find satisfactory. A month later, he was repatriated to the
Philippines.
Upon arrival in the Philippines, A filed with the National Labor Relations Commission (NLRC) a
complaint against the agency and the principal for illegal dismissal with a claim for salaries for the
unexpired portion of his contract.
a. Was A‟s dismissal valid? Explain. (3%)
b. Is his claim for salaries for the unexpired portion of his contract tenable? Explain. (3%)

VIII
ABC company and U labor union have been negotiating for a new Collective Bargaining Agreement
(CBA) but failed to agree on certain economic provisions of the existing agreement. In the meantime,
the existing CBA expired. The company thereafter refused to pay the employees their midyear bonus,
saying that the CBA which provided for the grant of midyear bonus to all company employees had
already expired. Are the employees entitled to be paid their midyear bonus? Explain your answer.
(3%)
IX
A was working as a medical representative of RX pharmaceutical company when he met and fell in
love with B, a marketing strategist for Delta Drug Company, a competitor of RX. On several occasions,
the management of RX called A‟s attention to the stipulation in his employment contract that requires
him to disclose any relationship by consanguinity or affinity with coemployees or employees of
competing companies in light of a possible conflict of interest. A seeks your advice on the validity of
the company policy. What would be your advice? (3%)

X
A, an employee of XYZ Cooperative, owns 500 shares in the cooperative. He has been asked to join
the XYZ Cooperative Employees Association. He seeks your advice on whether he can join the
association. What advice will you give him? (3%)

XI
Because of continuing financial constraints, XYZ, Inc. gave its employees the option to voluntarily
resign from the company. A was one of those who availed of the option. On October 5, 2007, he was
paid separation benefits equivalent to seven (7) months pay for his six (6) years and seven (7)
months of service with the company and he executed a waiver and quitclaim.
A week later, A filed against XYZ, Inc. a complaint for illegal dismissal. While he admitted that he was
not forced to sign the quitclaim, he contended that he agreed to tender his voluntary resignation on
the belief that XYZ, Inc. was closing down its business. XYZ, Inc., however, continued its business
under a different company name, he claimed.
Rule on whether the quitclaim executed by A is valid or not. Explain. (3%)

XII
On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc. through its
Philippine manning agency XYZ. Under the standard employment contract of the Philippine Overseas
Employment Administration (POEA), his employment was to commence upon his actual departure
from the port in the point of hire, Manila, from where he would take a flight to the USA to join the
cruise ship “MS Carnegie.” However, more than three months after A secured his exit clearance from
the POEA for his supposed departure on January 15, 2009, XYZ still had not deployed him for no valid
reason.
Is A entitled to relief? Explain. (3%)

XIII
A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive
bargaining agent. Although A is a member of rival union XYR-MU, he receives the benefits under the
CBA that XYZ-EU had negotiated with the company.
XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A insists that
he has no obligation to pay said dues and fees because he is not a member of XYZ–EU and he has not
issued an authorization to allow the collection. Explain whether his claim is meritorious. (3%)

PART II

XIV
After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a beer factory, A
hurried home to catch the early evening news and have dinner with his family. At around 10 p.m. of
the same day, the plant manager called and ordered A to fill in for C who missed the second shift.
a. May A validly refuse the plant manager‟s directive? Explain. (2%)
b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday, may the
company argue that, since he was two hours late in coming to work on Thursday morning, he
should only be paid for work rendered from 1 a.m. to 2 a.m.? Explain? (3%)

XV
Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc., recently
admitted a member of the company‟s managerial staff, A, into the union ranks.
a. Should A be a member of the supervisory union? Explain. (2%)
b. Assuming that A is ineligible to join the union, should the registration of Samahang
Manggagawa ng Terracota be cancelled? Explain. (3%)

XVI
On the first day of collective bargaining negotiations between rank-and-file Union A and B Bus
Company, the former proposed a P45/day increase. The company insisted that ground rules for
negotiations should first be established, to which the union agreed. After agreeing on ground rules on
the second day, the union representatives reiterated their proposal for a wage increase. When
company representatives suggested a discussion of political provisions in the Collective Bargaining
Agreement as stipulated in the ground rules, union members went on mass leave the next day to
participate in a whole-day prayer rally in front of the company building.
a. The company filed a petition for assumption of jurisdiction with the Secretary of Labor and
Employment. The Union opposed the petition, arguing that it did not intend to stage a strike.
Should the petition be granted? Explain. (2%)
b. The Union contended that assuming that the mass leave will be considered as a strike, the
same was valid because of the refusal of the company to discuss the economic provisions of
the CBA. Rule on the contention. (2%)
c. Union member AA, a pastor who headed the prayer rally, was served a notice of termination
by management after it filed the petition for assumption of jurisdiction. May the company
validly terminate AA? Explain. (2%)

XVII
A was hired to work in a sugar plantation performing such tasks as weeding, cutting and loading
canes, planting cane points, fertilizing and cleaning the drainage. Because his daily presence in the
field was not required, A also worked as a houseboy at the house of the plantation owner. For the next
planting season, the owner decided not to hire A as a plantation worker but as a houseboy instead.
Furious, A filed a case for illegal dismissal against the plantation owner. Decide with reason. (3%)

XVIII
Flight attendant A, five feet and six inches tall, weighing 170 pounds ended up weighing 220 pounds
in two years. Pursuant to the long standing Cabin and Crew Administration Manual of the employer
airline that set a 147-pound limit for A‟s height, management sent A a notice to “shape up or ship out”
within 60 days. At the end of the 60-day period, A reduced her weight to 205 pounds. The company
finally served her a Notice of Administration Charge for violation of company standards on weight
requirements. Should A be dismissed? Explain. (3%)

XIX
Several employees and members of Union A were terminated by Western Phone Co. on the ground of
redundancy. After complying with the necessary requirements, the Union staged a strike and picketed
the premises of the company. The management then filed a petition for the Secretary of Labor and
Employment to assume jurisdiction over the dispute. Without the benefit of a hearing, the Secretary
issued an Order to assume jurisdiction and for the parties to revert to the status quo ante litem.
a. Was the order to assume jurisdiction legal? Explain. (2%)
b. Under the same set of facts the Secretary instead issued an Order directing all striking
workers to return to work within 24 hours, except those who were terminated due to
redundancy. Was the Order legal? Explain. (3%)
XX
A, a driver for a bus company, sued his employer for nonpayment of commutable service incentive
leave credits upon his resignation after five years of employment. The bus company argued that A was
not entitled to service incentive leave since he was considered a field personnel and was paid on
commission basis and that, in any event, his claim had prescribed. If you were the Labor Arbiter, how
would you rule? Explain. (6%)

XXI
A was approached for possible overseas deployment to Dubai by X, an interviewer of job applicants for
Alpha Personnel Services, Inc., an overseas recruitment agency. X required A to submit certain
documents (passport, NBI clearance, medical certificate) and to pay P25,000 as processing fee. Upon
payment of the said amount to the agency cashier, A was advised to wait for his visa. After five
months, A visited the office of Alpha Personnel Services, Inc. during which X told him that he could no
longer be deployed for employment abroad. A was informed by the Philippine Overseas Employment
Administration (POEA) that while Alpha Personnel Services, Inc. was a licensed agency, X was not
registered as its employee, contrary to POEA Rules and Regulations. Under POEA Rules and
Regulations, the obligation to register personnel with the POEA belongs to the officers of a recruitment
agency.
a. May X be held criminally liable for illegal recruitment? Explain. (2%)
b. May the officers having control, management or direction of Alpha Personnel Services, Inc. be
held criminally liable for illegal recruitment? Explain. (3%)

XXII
A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi Arabian
construction firm, with a monthly salary of $650.00. When she got to the construction site, the
employer compelled her to sign another contract that referred her to another employer for a salary of
$350.00. She worked for the second employer and was paid $350.00 until her two-year contract
expired. Upon her return to the Philippines, she filed a case against the agency and the two
employers. May the agency validly raise the defense that it was not privy to the transfer of A to the
second employer? Explain. (3%)

XXIII
A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before the NLRC,
alleging that he was paid below the minimum wage. The employer denied any underpayment, arguing
that based on long standing, unwritten policy, the Hotel provided food and lodging to its housekeeping
employees, the costs of which were partly shouldered by it and the balance was charged to the
employees. The employees‟ corresponding share in the costs was thus deducted from their wages. The
employer concluded that such valid deduction naturally resulted in the payment of wages below the
prescribed minimum. If you were the Labor Arbiter, how would you rule? Explain. (3%)

XXIV
Rank-and-file workers from Peacock Feathers, a company with 120 employees, registered their
independent labor organization with the Department of Labor and Employment (DOLE) Regional
Office. Management countered with a petition to cancel the union‟s registration on the ground that the
minutes of ratification of the union constitution and by-laws submitted to the DOLE were fraudulent.
Specifically, management presented affidavits of ten (10) out of forty (40) individuals named in the
list of union members who participated in the ratification, alleging that they were not present at the
supposed January 1, 2010 meeting held for the purpose. The union argued that the stated date of the
meeting should have read “January 11, 2010,” instead of “January 1, 2010,” and that, at any rate, the
other thirty (30) union members were enough to register a union. Decide with reason. (3%)

XXV
Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. In the
pertinent Memorandum, management explained that too much texting and phone-calling by
employees disrupted company operations. Two employeesmembers of Union X were terminated from
employment due to violation of the memorandum-policy. The union countered with a prohibitory
injunction case (with prayer for the issuance of a temporary restraining order) filed with the Regional
Trial Court, challenging the validity and constitutionality of the cell phone ban. The company filed a
motion to dismiss, arguing that the case should be referred to the grievance machinery pursuant to an
existing Collective Bargaining Agreement with Union X, and eventually to Voluntary Arbitration. Is the
company correct? Explain. (3%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Civil Law

12 September 2010 8 A.M. – 12 NN.


INSTRUCTIONS
There is only one Examiner in Civil Law. Hence, the following questionnaire consists of only ONE
PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11) pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW
I
True or False.
a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse,
the latter may re-marry by proving only that the foreign spouse has obtained a divorce against
her or him abroad. (1%)
b. X, a widower, died leaving a will stating that the house and lot where he lived cannot be
partitioned for as long as the youngest of his four children desires to stay there. As coheirs
and co-owners, the other three may demand partition anytime. (1%)

II
Multiple choice.
a. A had a 4-storey building which was constructed by Engineer B. After five years, the building
developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to
some lessees. Who should the lessees sue for damages? (1%)

1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures
at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she
succeeded in unearthing gold and precious stones. How will the treasures found by O be
divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1
million. B was, however, out of the country at the time. For the donation to be valid, (1%)

1. B may e-mail A accepting the donation.


2. The donation may be accepted by B‟s father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. B‟s mother who has a general power of attorney may accept the donation for him.
5. None of the above is sufficient to make B‟s acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses. All of them
signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the effect of
B being a witness to the will? (1%)

1. The will is invalidated


2. The will is valid and effective
3. The legacy given to B‟s child is not valid

III
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?
b. Define quasi tort. Who are the persons liable under quasi torts and what are the defenses
available to them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.

IV
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses
continued to live under one roof. B begot a son by another woman. G also begot a daughter by
another man.
a. If G gives the surname of B to her daughter by another man, what can B do to protect their
legitimate children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by G‟s daughter by another man, what is/are the
consequence/s? Explain. (5%)

V
G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of
the case, the couple entered into a compromise agreement to dissolve their absolute community of
property. B ceded his right to their house and lot and all his shares in two business firms to G and
their two children, aged 18 and 19.
B also opened a bank account in the amount of P3 million in the name of the two children to answer
for their educational expenses until they finish their college degrees.
For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The
Court approved the spouses‟ agreement on September 8, 2000.
a. Suppose the business firms suffered reverses, rendering G unable to support herself and the
children. Can G still ask for support pendente litefrom B? Explain. (3%)
b. Suppose in late 2004 the two children had squandered the P3 million fund for their education
before they could obtain their college degrees, can they ask for more support from B? Explain.
(3%)
VI
Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in
vitro fertilization. Gigolo undertook to underwrite Majorette‟s pre-natal expenses as well as those
attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would
give custody of the baby to him.
After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she
engages your services as her lawyer to regain custody of the baby.
a. What legal action can you file on behalf of Majorette? Explain. (2.5%)
b. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain.
(2.5%)
c. Who of the two can exercise parental authority over the child? Explain. (2.5%)
d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

VII
G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was
declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the
marriage, the couple possessed the following properties:
 a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price
(representing downpayment) of which he paid; one third (1/3) was paid by G on February 14,
1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and
the balance was paid out of the spouses‟ joint income; and
 an apartment unit donated to B by an uncle on June 19, 1987.
a. Who owns the foregoing properties? Explain. (5%)
b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns
the properties? Explain. (5%)

VIII
Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage,
Rex begot a child by another woman. He is now 10 years of age.
On Lea‟s discovery of Rex‟s fathering a child by another woman, she filed a petition for legal
separation which was granted.
Rex now wants to adopt his illegitimate child.
a. Whose consent is needed for Rex‟s adoption of his illegitimate child? (2.5%)
b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)

IX
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26,
Patrice married American citizen John who brought her to live with him in the United States of
America. John at once signified his willingness to adopt Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)

X
In 1997, B and G started living together without the benefit of marriage. The relationship produced
one offspring, Venus. The couple acquired a residential lot in Parañaque. After four (4) years or in
2001, G having completed her 4-year college degree as a fulltime student, she and B contracted
marriage without a license.
The marriage of B and G was, two years later, declared null and void due to the absence of a marriage
license.
a. If you were the judge who declared the nullity of the marriage, to whom would you award the
lot? Explain briefly. (3%)
b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)
XI
The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of
marriage. Their absolute community of property having been dissolved, they delivered P1 million to
each of their 3 children as their presumptive legitimes.
Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having
successfully engaged in business, acquired real properties. Peter later died intestate.
a. Who are Peter‟s legal heirs and how will his estate be divided among them? (5%)
b. What is the effect of the receipt by Peter‟s 3 children by his first marriage of their presumptive
legitimes on their right to inherit following Peter‟s death? (5%)

XII
On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a gift
from his parents. On even date, as his class was scheduled to go on a field trip, his teacher requested
him to accommodate in his car, as he did, four (4) of his classmates because the van rented by the
school was too crowded. On the way to a museum which the students were scheduled to visit,
Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates died. He
and the three (3) others were badly injured.
a. Who is liable for the death of Rozanno‟s classmate and the injuries suffered by Rozanno and
his 3 other classmates? Explain. (2%)
b. How about the damage to the jeepney? Explain. (2%)
c. Under the same facts, except the date of occurrence of the incident, this time in mid-1994,
what would be your answer? Explain. (2%)

XIII
Franz was the owner of Lot E which was surrounded by four (4) lots one of which – Lot C – he also
owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the right of way
was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it
fenced.
a. Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%)
b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can
she do that? Explain. (2.5%)

XIV
Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his
residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate
of Primo‟s residence. N, a neighbor who was passing by, started throwing stones at the iguana,
drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered a
broken leg.
Is anyone liable for N‟s injuries? Explain. (4%)

XV
A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had
gone past break-even stage and started to garner considerable profits, C died. A and B continued the
business without dissolving the partnership. They in fact opened a branch of the restaurant, incurring
obligations in the process. Creditors started demanding for the payment of their obligations.
a. Who are liable for the settlement of the partnership‟s obligations? Explain? (3%)
b. What are the creditors‟ recourse/s? Explain. (3%)
XVI
X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she advised
her sister Y via overseas call to sell the land and sign a contract of sale on her behalf.
Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on behalf of X. B1
fully paid the purchase price.
B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for her
authority from X. Without informing X that she had sold the land to B1, Y sought X for a written
authority to sell.
X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on monthly
installment basis for two years, the first installment to be paid at the end of May 2001.
Who between B1 and B2 has a better right over the land? Explain. (5%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Taxation Law

12 September 2010 2 P.M – 5 P.M.

INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with nine (9) questions (numbered I to IX), contained
in five (5) pages; and Part II with nine (9) questions (numbered X to XVIII), contained in six (6)
pages, for a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

TAXATION
PART I

I
True or False.
a. In civil cases involving the collection of internal revenue taxes, prescription is construed
strictly against the government and liberally in favor of the taxpayer. (1%)
b. In criminal cases involving tax offenses punishable under the National Internal Revenue Code
(NIRC), prescription is construed strictly against the government. (1%)
c. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original jurisdiction, the
right to file a separate civil action for the recovery of taxes may be reserved. (1%)
d. Proceedings before the CTA in the exercise of its exclusive original jurisdiction are in the
nature of trial de novo. (1%)
e. Judgments, resolutions or orders of the Regional Trial Court in the exercise of
its original jurisdiction involving criminal offenses arising from violations of the NIRC are
appealable to the CTA, which shall hear the cases en banc. (1%)

II
a. What is the "all events test"? Explain briefly. (2%)
b. What is the "immediacy test"? Explain briefly. (2%)
c. What is the "rational basis" test? Explain briefly. (2%)
d. What is the effect of the execution by a taxpayer of a "waiver of the statute of limitations" on
his defense of prescription? (2%)
e. What is the basis for the computation of business tax on contractors under the Local
Government Code? (2%)
f. How are retiring businesses taxed under the Local Government Code? (2%)

III
Mirador, Inc., a domestic corporation, filed its Annual Income Tax Return for its taxable year 2008 on
April 15, 2009. In the Return, it reflected an income tax overpayment of P1,000,000.00 and indicated
its choice to carry-over the overpayment as an automatic tax credit against its income tax liabilities in
subsequent years.
On April 15, 2010, it filed its Annual Income Tax Return for its taxable year 2009 reflecting a taxable
loss and an income tax overpayment for the current year 2009 in the amount of P500,000.00 and its
income tax overpayment for the prior year 2008 of P1,000,000.00.
In its 2009 Return, the corporation indicated its option to claim for refund the total income tax
overpayment of P1,500,000.00
Choose which of the following statements is correct.
a. Mirador, Inc. may claim as refund the total income tax overpayment of P1,500,000.00
reflected in its income tax return for its taxable year 2009;
b. It may claim as refund the amount of P500,000.00 representing its income tax overpayment
for its taxable year 2009; or
c. No amount may be claimed as refund.
Explain the basis of your answer. (5%)

IV
On March 10, 2010, Continental, Inc. received a preliminary assessment notice (PAN) dated March 1,
2010 issued by the Commissioner of Internal Revenue (CIR) for deficiency income tax for its taxable
year 2008. It failed to protest the PAN. The CIR thereupon issued a final assessment notice (FAN) with
letter of demand on April 30, 2010. The FAN was received by the corporation on May 10, 2010,
following which or on May 25, 2010, it filed its protest against it.
The CIR denied the protest on the ground that the assessment had already become final and
executory, the corporation having failed to protest the PAN.
Is the CIR correct? Explain. (5%)

V
Does the Court of Appeals have the power to review compromise agreements forged by the
Commissioner of Internal Revenue and a taxpayer? Explain. (5%)

VI
Based on the Affidavit of the Commissioner of Internal Revenue (CIR), an Information for failure to file
income tax return under Section 255 of the National Internal Revenue Code (NIRC) was filed by the
Department of Justice (DOJ) with the Manila Regional Trial Court (RTC) against XX, a Manila resident.
XX moved to quash the Information on the ground that the RTC has no jurisdiction in view of the
absence of a formal deficiency tax assessment issued by the CIR.
Is a prior assessment necessary before an Information for violation of Section 255 of the NIRC could
be filed in court? Explain. (4%)

VII
What are the conditions that must be complied with before the Court of Tax Appeals may suspend the
collection of national internal revenue taxes? (3%)

VIII
What is the rule on appeal from decisions of the Collector of Customs in protest and seizure cases?
When is the decision of the Collector of Customs appealable to the Court of Tax Appeals? Explain.
(5%)

IX
On May 15, 2009, La Manga Trading Corporation received a deficiency business tax assessment of
P1,500,000.00 from the Pasay City Treasurer. On June 30, 2009, the corporation contested the
assessment by filing a written protest with the City Treasurer.
On October 10, 2009, the corporation received a collection letter from the City Treasurer, drawing it to
file on October 25, 2009 an appeal against the assessment before the Pasay Regional Trial Court
(RTC).
a. Was the protest of the corporation filed on time? Explain. (3%)
b. Was the appeal with the Pasay RTC filed on time? Explain. (3%)

PART II

X
True or False. (1% each)
a. Gains realized by the investor upon redemption of shares of stock in a mutual fund company
are exempt from income tax.
b. A corporation can claim the optional standard deduction equivalent to 40% of its gross sales or
receipts, as the case may be.
c. Premium payment for health insurance of an individual who is an employee in an amount of
P2,500 per year may be deducted from gross income if his gross salary per year is not more
than P250,000.
d. The Tax Code allows an individual taxpayer to pay in two equal installments, the first
installment to be paid at the time the return is filed, and the second on or before July 15 of
the same year, if his tax due exceeds P2,000.
e. An individual taxpayer can adopt either the calendar or fiscal period for purposes of filing his
income tax return.
f. The capitalization rules may be resorted to by the BIR in order to compel corporate taxpayers
to declare dividends to their stockholders regularly.
g. Informer‟s reward is subject to a final withholding tax of 10%.
h. A non-resident alien who stays in the Philippines for less than 180 days during the calendar
year shall be entitled to personal exemption not to exceed the amount allowed to citizens of
the Philippines by the country of which he is subject or citizen.

XI
Are the following transactions subject to VAT? If yes, what is the applicable rate for each transaction.
State the relevant authority/ies for your answer.
a. Construction by XYZ Construction Co. of concrete barriers for the Asian Development Bank in
Ortigas Center to prevent car bombs from ramming the ADB gates along ADB Avenue in
Mandaluyong City. (3%)
b. Call Center operated by a domestic enterprise in Makati that handles exclusively the
reservations of a hotel chain which are all located in North America. The services are paid for
in US$ and duly accounted for with theBangko Sentral ng Pilipinas. (3%)
c. Sale of orchids by a flower shop which raises its flowers in Tagaytay. (3%)

XII
Ferremaro, Inc., a manufacturer of handcrafted shoes, maintains its principal office in Cubao, Quezon
City. It has branches/sales offices in Cebu and Davao. Its factory is located in Marikina City where
most of its workers live. Its principal office in Quezon City is also a sales office.
Sales of finished products for calendar year 2009 in the amount of P10 million were made at the
following locations:
i) Cebu branch 25%

ii) Davao branch 15%

iii) Quezon City branch 60%

Total 100%
Where should the applicable local taxes on the shoes be paid? Explain. (3%)

XIII
XYZ Shipping Corporation is a branch of an international shipping line with voyages between Manila
and the West Coast of the U.S. The company‟s vessels load and unload cargoes at the Port of Manila,
albeit it does not have a branch or sales office in Manila. All the bills of lading and invoices are issued
by the branch office in Makati which is also the company‟s principal office.
The City of Manila enacted an ordinance levying a 2% tax on gross receipts of shipping lines using the
Port of Manila.
Can the City Government of Manila legally impose said levy on the corporation? Explain. (3%)

XIV
A inherited a two-storey building in Makati from his father, a real estate broker in the „60s. A group of
Tibetan monks approached A and offered to lease the building in order to use it as a venue for their
Buddhist rituals and ceremonies. A accepted the rental of P1 million for the whole year.
The following year, the City Assessor issued an assessment against A for non-payment of real
property taxes.
Is the assessor justified in assessing A‟s deficiency real property taxes? Explain. (3%)

XV
Don Sebastian, single but head of the family, Filipino, and resident of Pasig City, died intestate on
November 15, 2009. He left the following properties and interests:
House and lot (family home) in Pasig P 800,000

Vacation house and lot in Florida, USA 1,500,000

Agricultural land in Naic, Cavite which he inherited from his father 2,000,000

Car which is being used by his brother in Cavite 500,000

Proceeds of life insurance where he named his estate as irrevocable


beneficiary 1,000,000

Household furnitures and appliances 1,000,000

Claims against a cousin who has assets of P10,000 and liabilities of


P100,000 100,000

Shares of stock in ABC Corp, a domestic enterprise 100,000

The expenses and charges on the estate are as follows:

Funeral Expenses P 250,000

Legal fees for the settlement of the estate 500,000

Medical expenses of last illness 600,000

Claims against the estate 300,000


The compulsory heirs of Don Sebastian approach you and seek your assistance in the settlement of his
estate for which they have agreed to the above-stated professional fees. Specifically, they request you
to explain and discuss with them the following questions. You oblige:
a. What are the properties and interests that should be included in the computation of the gross
estate of the decedent? Explain. (2.5%)
b. What is the net taxable estate of the decedent? Explain. (2.5%)
c. When is the due date for filing and payment of the applicable tax return and tax? Are these
dates extendible? If so, under what conditions or requirements? (2.5%)
d. If X, one of the compulsory heirs, renounces his share in the inheritance in favor of the other
co-heirs, is there any tax implication of X‟s renunciation? What about the other coheirs?
(2.5%)

XVI
A is a travelling salesman working full time for Nu Skin Products. He receives a monthly salary plus
3% commission on his sales in a Southern province where he is based. He regularly uses his own car
to maximize his visits even to far flung areas. One fine day a group of militants seized his car. He was
notified the following day by the police that the marines and the militants had a bloody encounter and
his car was completely destroyed after a grenade hit it.
A wants to file a claim for casualty loss. Explain the legal basis of your tax advice. (3%)

XVII
In 2009, Caruso, a resident Filipino citizen, received dividend income from a U.S.-based corporation
which owns a chain of Filipino restaurants in the West Coast, U.S.A. The dividend remitted to Caruso is
subject to U.S. withholding tax with respect to a non-resident alien like Caruso.
a. What will be your advice to Caruso in order to lessen the impact of possible double taxation on
the same income? (3%)
b. Would your answer in A. be the same if Caruso became a U.S. immigrant in 2008 and had
become a non-resident Filipino citizen? Explain the difference in treatment for Philippine
income tax purposes. (3%)

XVIII
ABC, a domestic corporation, entered into a software license agreement with XYZ, a non-resident
foreign corporation based in the U.S. Under the agreement which the parties forged in the U.S., XYZ
granted ABC the right to use a computer system program and to avail of technical know-how relative
to such program. In consideration for such rights, ABC agreed to pay 5% of the revenues it receives
from customers who will use and apply the program in the Philippines.
Discuss the tax implication of the transaction. (5%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Mercantile Law

12 September 2010 8 A.M. – 12 NN.


INSTRUCTIONS
There is only one Examiner in Mercantile Law. Hence, the following questionnaire consists of only ONE
PART with nineteen (19) questions (numbered I to XIX) contained in eleven (11) pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCANTILE LAW
I
Briefly describe the following types of banks: (2% each)
a. universal bank
b. commercial bank
c. thrift bank
d. rural bank
e. cooperative bank

II
a. How do you characterize the legal relationship between a commercial bank and its safety
deposit box client? (2%)
b. Is a stipulation in the contract for the use of a safety deposit box relieving the bank of liability
in connection with the use thereof valid? (2%)
c. Differentiate "bank deposits" from "deposit substitutes." (2%)
d. Why are banks required to maintain reserves against their deposits and deposit substitutes?
State one of three purposes for these reserves. (2%)

III
Ozamis Paper Corporation secured loans from ABC Universal Bank in the aggregate principal amount
of P100 million, evidenced by several promissory notes, and secured by a continuing guaranty of its
principal stockholder Menandro at P45 million; and a real estate mortgage over certain parcels of land
owned by Marquez.
The corporation defaulted and the bank extra-judicially foreclosed on the real estate mortgage. The
bank, which was the sole bidder for P75 million, won the award.
a. Can the bank sue Marquez for the deficiency of P25 million? Explain. (2%)
b. If the bank opts to file an action for collection against the corporation, can it afterwards
institute a real action to foreclose the mortgage? Explain. (2%)
c. Can the bank foreclose on the pledged shares of Marquez and recover the deficiency from the
corporation? Explain. (2%)

IV
Andante Realty, a marketing company that promotes and facilitates sales of real property through
leverage marketing, solicits investors who are required to be a Business Center Owner (BCO) by
paying an enrollment fee of $250. The BCO is then entitled to recruit two other investors who pay
$250 each. The BCO receives $90 from the $250 paid by each of his recruits and is credited a certain
amount for payments made by investors through the initial efforts of his Business Center. Once the
accumulated amount reaches $5,000, the same is used as down payment for the real property chosen
by the BCO.
a. Does this multi-level marketing scheme constitute an "investment contract" under the
Securities Regulation Code? Define an "investment contract." (2%)
b. What procedure must be followed under the Securities Regulation Code to authorize the sale
or offer for sale or distribution of an investment contract? (2%)
c. What are the legal consequences of failure to follow this procedure? (2%)

V
Venezia is a famous international fashion chain with outlets in Makati, Ortigas, and Manila. It has
complied with the minimum capitalization required under the Retail Trade Nationalization Act and
carries on retail business worth more than $3 million for each of its outlets. As its Manila outlet is not
doing very well, it decides to sell all of its business there consisting of remaining inventory, furniture
and fixtures and other assets to its competitor.
a. Venezia‟s Manila outlet constitutes one-third (1/3) of its total business. Should it comply with
the requirements of the Bulk Sales Law? Why or why not? (2%)
b. If instead of selling its Manila outlet, Venezia merely mortgages its assets there, would it need
to comply with the requirements of the Bulk Sales Law? (2%)
c. What are the legal consequences of a failure to comply with the requirements of the Bulk
Sales Law? (2%)

VI
a. What contractual stipulations are required in all technology transfer agreements? (2%)
b. Enumerate three (3) stipulations that are prohibited in technology transfer agreements. (3%)
c. Can an article of commerce serve as a trademark and at the same time enjoy patent and
copyright protection? Explain and give an example. (2%)

VII
Union Mines, Inc. has total assets of P60 million with 210 stockholders holding at least 100 shares
each.
The company has two principal stockholders, ABC which owns 60% of the shares of stock, and XYZ
which owns 17%.
ABC in turn is owned to the extent of 21.31% by Acme, Inc.; 29.69% by Golden Boy, Inc.; 9% by
XYZ; and the rest by individual stockholders.
None of the parties is a publicly-listed company.
XYZ now proposes to buy Acme‟s and Golden Boy‟s shares in ABC, which would give it direct control of
ABC and indirect control of Union Mines.
Is the proposed acquisition by XYZ subject to the mandatory tender offer rule? Why or why not? What
is a tender offer and when is it mandatory? (5%)
VIII
Marlon deposited with LYRIC Bank a money market placement of P1 million for a term of 31 days. On
maturity date, one claiming to be Marlon called up the LYRIC Bank account officer and instructed him
to give the manager‟s check representing the proceeds of the money market placement to Marlon‟s
girlfriend Ingrid.
The check, which bore the forged signature of Marlon, was deposited in Ingrid‟s account with YAMAHA
Bank. YAMAHA Bank stamped a guaranty on the check reading: "All prior endorsements and/or lack of
endorsement guaranteed."
Upon presentment of the check, LYRIC Bank funds the check. Days later, Marlon goes to LYRIC Bank
to collect his money market placement and discovers the foregoing transactions.
Marlon thereupon sues LYRIC Bank which in turn files a third-party complaint against YAMAHA Bank.
Discuss the respective rights and liabilities of the two banks. (5%)

IX
Your client Dianne approaches you for legal advice on putting up a medium-sized restaurant business
that will specialize in a novel type of cuisine. As Dianne feels that the business is a little risky, she
wonders whether she should use a corporation as the business vehicle, or just run it as a single
proprietorship. She already has an existing corporation that is producing meat products profitably and
is also considering the alternative of simply setting up the restaurant as a branch office of the existing
corporation.
a. Briefly explain to your client what you see as the legal advantages and disadvantages of using
a separate corporation, a single proprietorship, or a branch of an existing corporation for the
proposed restaurant business. (3%)
b. If you advise your client to use a corporation, what officer positions must the corporation at
least have? (2%)
c. What particular qualifications, if any, are these officers legally required to possess under the
Corporation Code? (2%)

X
To secure a loan of P10 million, Mario mortgaged his building to Armando. In accordance with the loan
arrangements, Mario had the building insured with First Insurance Company for P10 million,
designating Armando as the beneficiary.
Armando also took an insurance on the building upon his own interest with Second Insurance
Company for P5 million.
The building was totally destroyed by fire, a peril insured against under both insurance policies. It was
subsequently determined that the fire had been intentionally started by Mario and that in violation of
the loan agreement, he had been storing inflammable materials in the building.
a. How much, if any, can Armando recover from either or both insurance companies? (2%)
b. What happens to the P10 million debt of Mario to Armando? Explain. (3%)

XI
Enrique obtained from Seguro Insurance Company a comprehensive motor vehicle insurance to cover
his top of the line Aston Martin. The policy was issued on March 31, 2010 and, on even date, Enrique
paid the premium with a personal check postdated April 6, 2010.
On April 5, 2010, the car was involved in an accident that resulted in its total loss.
On April 10, 2010, the drawee bank returned Enrique‟s check with the notation "Insufficient Funds."
Upon notification, Enrique immediately deposited additional funds with the bank and asked the insurer
to redeposit the check.
Enrique thereupon claimed indemnity from the insurer. Is the insurer liable under the insurance
coverage? Why or why not? (3%)

XII
AA entered into a contract with BB for the latter to transport ladies wear from Manila to France with
transhipment via Taiwan. Somehow the goods were not loaded in Taiwan on time, hence, these
arrived in France "off-season." AA was only paid for onehalf (1/2) the value by the buyer.
AA claimed damages from BB. BB invoked prescription as a defense under the Carriage of Goods by
Sea Act. Considering the "loss of value" of the ladies wear as claimed by AA, is BB‟s defense tenable?
Explain. (3%)

XIII
Paolo, the owner of an ocean-going vessel, offered to transport the logs of Constantino from Manila to
Nagoya. Constantino accepted the offer, not knowing that the vessel was manned by an irresponsible
crew with deep-seated resentments against Paolo, their employer.
Constantino insured the cargo of logs against both perils of the sea and barratry. The logs were
improperly loaded on one side, thereby causing the vessel to tilt on one side. On the way to Nagoya,
the crew unbolted the sea valves of the vessel causing water to flood the ship hold. The vessel sank.
Constantino tried to collect from the insurance company which denied liability, given the unworthiness
of both the vessel and its crew.
Constantino countered that he was not the owner of the vessel and he could therefore not be
responsible for conditions about which he was innocent.
a. Is the insurance company liable? Why or why not? (3%)
b. What is "barratry" in marine insurance? (2%)

XIV
When OCCIDENTAL Bank folded up due to insolvency, Manuel had the following separate deposits in
his name: P200,000 in savings deposit; P250,000 in time deposit; P50,000 in a current account; P1
million in a trust account; and P3 million in money market placement. Under the Philippine Deposit
Insurance Corporation Act, how much could Manuel recover? Explain. (2%)

XV
While vacationing in Boracay, Valentino surreptitiously took photographs of his girlfriend Monaliza in
her skimpy bikini. Two weeks later, her photographs appeared in the Internet and in a national
celebrity magazine.
Monaliza found out that Valentino had sold the photographs to the magazine and, adding insult to
injury, uploaded them to his personal blog on the Internet.
a. Monaliza filed a complaint against Valentino for damages based on, among other grounds,
violation of her intellectual property rights. Does she have any cause of action? Explain. (2%)
b. Valentino‟s friend Francesco stole the photographs and duplicated them and sold them to a
magazine publication. Valentino sued Francesco for infringement and damages. Does Valentino
have any cause of action? Explain. (2%)
c. Does Monaliza have any cause of action against Francesco? Explain. (2%)

XVI
An importer of Christmas toys loaded 100 boxes of Santa Claus talking dolls aboard a ship in Korea
bound for Manila. With the intention of smuggling one-half of his cargo, he took a bill of lading for only
50 boxes. On the voyage to Manila, 50 boxes were jettisoned to save the more precious cargo.
a. Is the importer entitled to receive any indemnity for average? Explain. (2%)
b. What are the types of averages in marine commerce? (3%)

XVII
The Supreme Court has held that fraud is an exception to the "independence principle" governing
letters of credit. Explain this principle and give an example of how fraud can be an exception. (3%)

XVIII
For years, Y has been engaged in the parallel importation of famous brands, including shoes carrying
the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation because of his
appointment as exclusive distributor of MAGIC shoes in the Philippines.
Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as a
trademark and therefore no one has the right to prevent its parallel importation.
a. Who is correct? Why? (2%)
b. Suppose the shoes are covered by a Philippine patent issued to the brand owner, what would
your answer be? Explain. (2%)

XIX
Dr. Nobel discovered a new method of treating Alzheimer‟s involving a special method of diagnosing
the disease, treating it with a new medicine that has been discovered after long experimentation and
field testing, and novel mental isometric exercises. He comes to you for advice on how he can have his
discoveries protected.
Can he legally protect his new method of diagnosis, the new medicine, and the new method of
treatment? If no, why? If yes, how? (4%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Criminal Law

12 September 2010 2 P.M. – 5 P.M.


INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to XI),
contained in five (5) pages; and Part II with twelve (12) questions (numbered XII to XXIII), contained
in six (6) pages, for a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW
PART I

I
An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable
doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY of prision
mayor.
The public prosecutor objected to the sentence on the ground that the proper penalty should have
been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.
The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should
lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY of prision
correccional only. Who of the three is on the right track? Explain. (3%)

II
a. What is the crime of qualified bribery? (2%)
b. May a judge be charged and prosecuted for such felony? How about a public prosecutor? A
police officer? Explain. (5%)

III
May a public officer charged under Section 3(b) of Republic Act No. 3019 ["directly or indirectly
requesting or receiving any gift, present, share, percentage or benefit, for himself or for any other
person, in connection with any contract or transaction between the government and any other party,
wherein the public officer in his official capacity has to intervene under the law"] also be
simultaneously or successively charged with direct bribery under Article 210 of the Revised Penal
Code? Explain. (4%)

IV
Because of the barbarity and hideousness of the acts committed by the suspects/respondents in
cutting off their victims‟ appendages, stuffing their torsos, legs, body parts into oil drums and bullet-
riddled vehicles and later on burying these oil drums, vehicles with the use of backhoes and other
earth-moving machinery, the Commission on Human Rights (CHR) investigating team recommended
to the panel of public prosecutors that all respondents be charged with violation of the "Heinous
Crimes Law." The prosecution panel agreed with the CHR. As the Chief Prosecutor tasked with
approving the filing of the Information, how will you pass upon the recommendation? Explain. (5%)

V
Arlene is engaged in the buy and sell of used garments, more popularly known as "ukay-
ukay." Among the items found by the police in a raid of her store in Baguio City were brand-new Louie
Feraud blazers.
Arlene was charged with "fencing." Will the charge prosper? Why or why not? (5%)

VI
There being probable cause to believe that certain deposits and investments in a bank are related to
an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA) No. 9160, as
amended (Anti-Money Laundering Act) an application for an order to allow inquiry into his deposit was
filed with the Regional Trial Court.
After hearing the application, the court granted the application and issued a freeze order.
Pass upon the correctness of the court‟s order. Explain. (3%)

VII
A widower of ten years, septuagenarian Canuto felt that he had license to engage in voyeurism. If not
peeping into his neighbors‟ rooms through his powerful single-cylinder telescope, he would trail young,
shapely damsels along the hallways of shopping malls. While going up the escalator, he stayed a step
behind a mini-skirted one, and in a moment of excitement, put his hand on her left hip and massaged
it. The damsel screamed and hollered for help. Canuto was apprehended and brought up on inquest.
What charge/s, if any, may he be held responsible for? Explain. (5%)

VIII
A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a
postdated check in the sum of P90,000.00. Both of them knew that the check would not be honored
because B‟s account had just been closed. The two then approached trader C whom they asked to
change the check with cash, even agreeing that the exchange be discounted at P85,000.00 with the
assurance that the check shall be funded upon maturity. Upon C‟s presentment of the check for
payment on due date, it was dishonored because the account had already been closed.
What action/s may C commence against A and B to hold them to account for the loss of her
P85,000.00? Explain. (5%)

IX
Proserfina, an assistant public high school principal, acted to facilitate the release of salary
differentials and election duty per diem of classroom teachers with the agreement that they would
reimburse her for her expenses.
Did Proserfina commit a crime? Explain. (5%)
X
A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were attacked
by X, Y and Z, members of a rival fraternity. A rumble ensued in which the abovenamed members of
the two fraternities assaulted each other in a confused and tumultuous manner resulting in the death
of A. As it cannot be ascertained who actually killed A, the members of the two fraternities who took
part in the rumble were charged for death caused in a tumultuous affray. Will the charge prosper?
Explain. (4%)

XI
Angelina maintains a website where visitors can give their comments on the posted pictures of the
goods she sells in her exclusive boutique. Bettina posted a comment that the red Birkin bag shown in
Angelina‟s website is fake and that Angelina is known to sell counterfeit items.
Angelina wants to file a case against Bettina. She seeks your advice. What advice will you give her?
(4%)

PART II

XII
a. Define Money Laundering. What are the three (3) stages in money laundering? (3%)
b. What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal Code?
(3%)

XIII
While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid
Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to
the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled
Dulcinea to death while she was sleeping in the maid‟s quarters.
The following day, Romeo was found catatonic inside the maid‟s quarters. He was brought to the
National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable.
Charged with murder, Romeo pleaded insanity as a defense.
a. Will Romeo‟s defense prosper? Explain. (2%)
b. What is the effect of the diagnosis of the NCMH on the case? (2%)

XIV
Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For more than a year, he has
been secretly saving money in an envelope under their bed to buy her an engagement ring. One day,
while Joan was cleaning their room, she found the envelope, took the money, and left Paul. As
prosecutor, what crime, if any, would you charge Joan? Explain. (3%)

XV
Suspecting that her husband of twenty years was having an affair, Leilanie hired a private investigator
to spy on him. After two weeks, the private investigator showed Leilanie a video of her husband
having sexual intercourse with another woman in a room of a five-star hotel. Based on what she saw
on the video, Leilanie accused her husband of concubinage.
Will the case of concubinage prosper? Explain. (3%)

XVI
The president, treasurer, and secretary of ABC Corporation were charged with syndicated estafa under
the following Information:
That on or about the 1st week of January 2010 or subsequent thereto in Cebu City and within
the jurisdiction of this Honorable Court, the above-named accused, conspiring and
confederating together and all of them mutually helping and aiding one another in a
syndicated manner, through a corporation registered with the Securities and Exchange
Commission (SEC), with intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, with intent to gain and by means of fraud and deceit, did then and there
wilfully, unlawfully, and feloniously defraud Virna, Lana, Deborah and several other persons by
falsely or fraudulently pretending or representing in a transaction or series of transactions,
which they made with complainants and the public in general, to the effect that they were in a
legitimate business of foreign exchange trading successively or simultaneously operating
under the name and style of ABC Corporation and DEF Management Philippines, Incorporated,
induced and succeeded in inducing complainants and several other persons to give and deliver
to said accused the amount of at least P20,000,000.00 on the strength of said manifestations
and representations, the accused knowing fully well that the abovenamed corporations
registered with the SEC are not licensed nor authorized to engage in foreign exchange trading
and that such manifestations and representations to transact in foreign exchange were false
and fraudulent, that these resulted to the damage and prejudice of the complainants and
other persons, and that the defraudation pertains to funds solicited from the public in general
by such corporations/associations.
Will the case for syndicated estafa prosper? Explain. (5%)

XVII
A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains.
Three years later, the bones of A‟s wife were discovered by X, the gardener. Since X had a standing
warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the
caretaker, found the bones and reported the matter to the police.
After 15 years of hiding, A left the country but returned three years later to take care of his ailing
sibling. Six years thereafter, he< was charged with parricide but raised the defense of prescription.
a. Under the Revised Penal Code, when does the period of prescription of a crime commence to
run? (1%)
b. When is it interrupted? (1%)
c. Is A‟s defense tenable? Explain. (3%)

XVIII
On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the puppy did not
have a collar, she brought it home so she could have it as a pet. Her son in fact begged Eva Marie to
keep the puppy. The following day, Eva Marie bought a collar for the puppy and brought it to a
veterinarian for treatment.
a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain. (2%)
b. Did she incur civil liability? Explain. (2%)

XIX
Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food
on the table, Jack started hitting Jill only to apologize the following day.
A week later, the same episode occurred – Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to
give Jack another chance. After several days, however, Jack again came home drunk. The following
day, he was found dead.
Jill was charged with parricide but raised the defense of "battered woman syndrome."
a. Define "Battered Woman Syndrome." (2%)
b. What are the three phases of the "Battered Woman Syndrome"? (3 %)
c. Would the defense prosper despite the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code? Explain. (2%)

XX
Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of possession
of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12 of
Republic Act No. 9165.
Matt filed a petition for probation. Jeff appealed his conviction during the pendency of which he also
filed a petition for probation.
The brothers‟ counsel argued that they being first time offenders, their petitions for probation should
be granted. How would you resolve the brothers‟ petitions for probation? Explain. (3%)

XXI
Because peace negotiations on the Spratlys situation had failed, the People‟s Republic of China
declared war against the Philippines. Myra, a Filipina who lives with her Italian expatriate boyfriend,
discovered e-mail correspondence between him and a certain General Tung Kat Su of China.
On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to General
Tung Kat Su, in which he agreed to provide vital information on the military defense of the Philippines
to the Chinese government in exchange for P1 million and his safe return to Italy. Two weeks later,
Myra decided to report the matter to the proper authorities.
Did Myra commit a crime? Explain. (3%)

XXII
Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him to hide
in the maid‟s quarters until she finds a better place for him to hide. After two days, Jake transferred to
his aunt‟s house. A week later, Jake was apprehended by the police. Can Jake‟s mother and aunt be
made criminally liable as accessories to the crime of murder? Explain. (3 %)

XXIII
Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival
fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a
taxicab, held the driver at gunpoint and took the latter‟s earnings.
a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)
b. Would your answer be the same if they killed the driver? Explain. (2%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Remedial Law

26 September 2010 8 A.M. – 12 NN.


INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with seven (7) questions (numbered I to VII),
contained in seven (7) pages; and Part II with thirteen (13) questions (numbered VIII to XX),
contained in six (6) pages, for a total number of thirteen (13) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS THIRTEEN (13) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

REMEDIAL LAW
PART I

I
On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio.
To prove the qualifying circumstance of evident premeditation, the prosecution introduced on
December 11, 2009 a text message, which Mabini‟s estranged wife Gregoria had sent to Emilio on the
eve of his death, reading: "Honey,pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma
tsugi k."
a. A subpoena ad testificandum was served on Gregoria for her to be presented for the purpose
of identifying her cellphone and the text message. Mabini objected to her presentation on the
ground of marital privilege. Resolve. (3%)
b. Suppose Mabini‟s objection in question A was sustained. The prosecution thereupon
announced that it would be presenting Emilio‟s wife Graciana to identify Emilio‟s cellphone
bearing Gregoria‟s text message. Mabini objected again. Rule on the objection. (2%)
c. If Mabini‟s objection in question B was overruled, can he object to the presentation of the text
message on the ground that it is hearsay? (2%)
d. Suppose that shortly before he expired, Emilio was able to send a text message to his wife
Graciana reading "Nasaksak ako. D na me makahinga. Si Mabini ang may gawa ni2." Is this
text message admissible as a dying declaration? Explain. (3%)
II
On August 13, 2008, A, as shipper and consignee, loaded on the M/V Atlantis in Legaspi City 100,000
pieces of century eggs. The shipment arrived in Manila totally damaged on August 14, 2008. A filed
before the Metropolitan Trial Court (MeTC) of Manila a complaint against B Super Lines, Inc. (B Lines),
owner of theM/V Atlantis, for recovery of damages amounting to P167,899. He attached to the
complaint the Bill of Lading.
a. B Lines filed a Motion to Dismiss upon the ground that the Regional Trial Court has exclusive
original jurisdiction over "all actions in admiralty and maritime" claims. In his Reply, A
contended that while the action is indeed "admiralty and maritime" in nature, it is the amount
of the claim, not the nature of the action, that governs jurisdiction. Pass on the Motion to
Dismiss. (3%)
b. The MeTC denied the Motion in question A. B Lines thus filed an Answer raising the defense
that under the Bill of Lading it issued to A, its liability was limited to P10,000.
At the pre-trial conference, B Lines defined as one of the issues whether the stipulation
limiting its liability to P10,000 binds A. A countered that this was no longer in issue as B Lines
had failed to deny under oath the Bill of Lading. Which of the parties is correct? Explain. (3%)
c. On July 21, 2009, B Lines served on A a "Notice to Take Deposition," setting the deposition on
July 29, 2009 at 8:30 a.m. at the office of its counsel in Makati. A failed to appear at the
deposition-taking, despite notice. As counsel for B Lines, how would you proceed? (3%)

III
Anabel filed a complaint against B for unlawful detainer before the Municipal Trial Court (MTC) of
Candaba, Pampanga. After the issues had been joined, the MTC dismissed the complaint for lack of
jurisdiction after noting that the action was one for accion publiciana.
Anabel appealed the dismissal to the RTC which affirmed it and accordingly dismissed her appeal. She
elevates the case to the Court of Appeals, which remands the case to the RTC. Is the appellate court
correct? Explain. (3%)

IV
X was driving the dump truck of Y along Cattleya Street in Sta. Maria, Bulacan. Due to his negligence,
X hit and injured V who was crossing the street. Lawyer L, who witnessed the incident, offered his
legal services to V.
V, who suffered physical injuries including a fractured wrist bone, underwent surgery to screw a metal
plate to his wrist bone.
On complaint of V, a criminal case for Reckless Imprudence Resulting in Serious Physical Injuries was
filed against X before the Municipal Trial Court (MTC) of Sta. Maria. Atty. L, the private prosecutor, did
not reserve the filing of a separate civil action.
V subsequently filed a complaint for Damages against X and Y before the Regional Trial Court of
Pangasinan in Urdaneta where he resides. In his "Certification Against Forum Shopping," V made no
mention of the pendency of the criminal case in Sta. Maria.
a. Is V guilty of forum shopping? (2%)
b. Instead of filing an Answer, X and Y move to dismiss the complaint for damages on the ground
of litis pendentia. Is the motion meritorious? Explain. (2%)
c. Suppose only X was named as defendant in the complaint for damages, may he move for the
dismissal of the complaint for failure of V to implead Y as an indispensable party? (2%)
d. X moved for the suspension of the proceedings in the criminal case to await the decision in the
civil case. For his part, Y moved for the suspension of the civil case to await the decision in the
criminal case. Which of them is correct? Explain. (2%)
e. Atty. L offered in the criminal case his affidavit respecting what he witnessed during the
incident. X‟s lawyer wanted to cross-examine Atty. L who, however, objected on the ground of
lawyer-client privilege. Rule on the objection. (2%)
V
Charisse, alleging that she was a resident of Lapu-Lapu City, filed a complaint for damages against
Atlanta Bank before the RTC of Lapu-Lapu City, following the dishonor of a check she drew in favor of
Shirley against her current account which she maintained in the bank‟s local branch.
The bank filed a Motion to Dismiss the complaint on the ground that it failed to state a cause of action,
but it was denied. It thus filed an Answer.
a. In the course of the trial, Charisse admitted that she was a US citizen residing in Los Angeles,
California and that she was temporarily billeted at the Pescado Hotel in Lapu-Lapu City,
drawing the bank to file another motion to dismiss, this time on the ground of improper
venue, since Charisse is not a resident of Lapu-Lapu City.
Charisse opposed the motion citing the "omnibus motion rule." Rule on the motion. (3%)
b. Suppose Charisse did not raise the "omnibus motion rule," can the judge proceed to resolve
the motion to dismiss? Explain. (3%)
c. Suppose the judge correctly denied the second motion to dismiss and rendered judgment in
favor of Charisse, ordering the bank to pay her P100,000 in damages plus legal interest. The
judgment became final and executory in 2008. To date, Charisse has not moved to execute
the judgment. The bank is concerned that its liability will increase with the delay because of
the interest on the judgment award.
As counsel of the bank, what move should you take? (3%)

VI
Antique dealer Mercedes borrowed P1,000,000 from antique collector Benjamin. Mercedes issued a
postdated check in the same amount to Benjamin to cover the debt.
On the due date of the check, Benjamin deposited it but it was dishonored. As despite demands,
Mercedes failed to make good the check, Benjamin filed in January 2009 a complaint for collection of
sum of money before the RTC of Davao.
Mercedes filed in February 2009 her Answer with Counterclaim, alleging that before the filing of the
case, she and Benjamin had entered into a dacion en pago agreement in which her vintage
P1,000,000 Rolex watch which was taken by Benjamin for sale on commission was applied to settle
her indebtedness; and that she incurred expenses in defending what she termed a "frivolous lawsuit."
She accordingly prayed for P50,000 damages.
a. Benjamin soon after moved for the dismissal of the case. The trial court accordingly dismissed
the complaint. And it also dismissed the Counterclaim.
Mercedes moved for a reconsideration of the dismissal of the Counterclaim. Pass upon
Mercedes‟ motion. (3%)
b. Suppose there was no Counterclaim and Benjamin‟s complaint was not dismissed, and
judgment was rendered against Mercedes for P1,000,000. The judgment became final and
executory and a writ of execution was correspondingly issued.
Since Mercedes did not have cash to settle the judgment debt, she offered her Toyota Camry
model 2008 valued at P1.2 million. The Sheriff, however, on request of Benjamin, seized
Mercedes‟ 17th century ivory image of the La Sagrada Familia estimated to be worth over
P1,000,000.
Was the Sheriff‟s action in order? (3%)

VII
As Cicero was walking down a dark alley one midnight, he saw an "owner-type jeepney" approaching
him. Sensing that the occupants of the vehicle were up to no good, he darted into a corner and ran.
The occupants of the vehicle − elements from the Western Police District − gave chase and
apprehended him.
The police apprehended Cicero, frisked him and found a sachet of 0.09 gram ofshabu tucked in his
waist and a Swiss knife in his secret pocket, and detained him thereafter. Is the arrest and body-
search legal? (3%)
PART II

VIII
Dominique was accused of committing a violation of the Human Security Act. He was
detained incommunicado, deprived of sleep, and subjected to water torture. He later allegedly
confessed his guilt via an affidavit.
After trial, he was acquitted on the ground that his confession was obtained through torture, hence,
inadmissible as evidence.
In a subsequent criminal case for torture against those who deprived him of sleep and subjected him
to water torture, Dominique was asked to testify and to, among other things, identify his above-said
affidavit of confession. As he was about to identify the affidavit, the defense counsel objected on the
ground that the affidavit is a fruit of a poisonous tree. Can the objection be sustained? Explain. (3%)

IX
In a prosecution for rape, the defense relied on Deoxyribonucleic Acid (DNA) evidence showing that
the semen found in the private part of the victim was not identical with that of the accused‟s. As
private prosecutor, how will you dispute the veracity and accuracy of the results of the DNA evidence?
(3%)

X
Marinella is a junior officer of the Armed Forces of the Philippines who claims to have personally
witnessed the malversation of funds given by US authorities in connection with
the Balikatan exercises.
Marinella alleges that as a result of her exposé, there are operatives within the military who are out to
kill her. She files a petition for the issuance of a writ of amparo against, among others, the Chief of
Staff but without alleging that the latter ordered that she be killed.
Atty. Daro, counsel for the Chief of Staff, moves for the dismissal of the Petition for failure to allege
that his client issued any order to kill or harm Marinella. Rule on Atty. Daro‟s motion. Explain. (3%)

XI
X was arrested for the alleged murder of a 6-year old lad. He was read hisMiranda rights immediately
upon being apprehended.
In the course of his detention, X was subjected to three hours of non-stop interrogation. He remained
quiet until, on the 3rd hour, he answered "yes" to the question of whether "he prayed for forgiveness
for shooting down the boy." The trial court, interpreting X‟s answer as an admission of guilt, convicted
him.
On appeal, X‟s counsel faulted the trial court in its interpretation of his client‟s answer, arguing that X
invoked his Miranda rights when he remained quiet for the first two hours of questioning. Rule on the
assignment of error. (3%)

XII
In a prosecution for murder, the prosecutor asks accused Darwin if he had been previously arrested
for violation of the Anti- Graft and Corrupt Practices Act. As defense counsel, you object. The trial
court asks you on what ground/s. Respond. (3%)

XIII
Policemen brought Lorenzo to the Philippine General Hospital (PGH) and requested one of its surgeons
to immediately perform surgery on him to retrieve a packet of 10 grams of shabu which they alleged
was swallowed by Lorenzo.
Suppose the PGH agreed to, and did perform the surgery, is the package ofshabu admissible in
evidence? Explain. (3%)
XIV
Czarina died single. She left all her properties by will to her friend Duqueza. In the will, Czarina stated
that she did not recognize Marco as an adopted son because of his disrespectful conduct towards her.
Duqueza soon instituted an action for probate of Czarina‟s will. Marco, on the other hand, instituted
intestate proceedings. Both actions were consolidated before the RTC of Pasig. On motion of Marco,
Duqueza‟s petition was ordered dismissed on the ground that the will is void for depriving him of his
legitime. Argue for Duqueza. (5%)
XV
Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the time of his death, bequeathed
to Winston a sum of money to purchase an annuity.
Upon Pedrillo‟s demise, his will was duly probated in Los Angeles and the specified sum in the will was
in fact used to purchase an annuity with XYZ of Hong Kong so that Winston would receive the
equivalent of US$1,000 per month for the next 15 years.
Wanting to receive the principal amount of the annuity, Winston files for the probate of Pedrillo‟s will
in the Makati RTC. As prayed for, the court names Winston as administrator of the estate.
Winston now files in the Makati RTC a motion to compel XYZ to account for all sums in its possession
forming part of Pedrillo‟s estate. Rule on the motion. (5%)

XVI
Sal Mineo died intestate, leaving a P1 billion estate. He was survived by his wife Dayanara and their
five children.
Dayanara filed a petition for the issuance of letters of administration. Charlene, one of the children,
filed an opposition to the petition, alleging that there was neither an allegation nor genuine effort to
settle the estate amicably before the filing of the petition. Rule on the opposition. (5%)

XVII
What is "res judicata in prison grey"? (2%)

XVIII
While window-shopping at the mall on August 4, 2008, Dante lost his organizer including his credit
card and billing statement. Two days later, upon reporting the matter to the credit card company, he
learned that a one-way airplane ticket was purchased online using his credit card for a flight to Milan
in mid- August 2008. Upon extensive inquiry with the airline company, Dante discovered that the
plane ticket was under the name of one Dina Meril. Dante approaches you for legal advice.
a. What is the proper procedure to prevent Dina from leaving the Philippines? (2%)
b. Suppose an Information is filed against Dina on August 12, 2008 and she is immediately
arrested. What pieces of electronic evidence will Dante have to secure in order to prove the
fraudulent online transaction? (2%)

XIX
1. Enumerate the requisites of a "trial in absentia " (2%) and a "promulgation of judgment in
absentia" (2%).
2. Name two instances where the trial court can hold the accused civilly liable even if he is acquitted.
(2%)

XX
Azenith, the cashier of Temptation Investments, Inc. (Temptation, Inc.) with principal offices in Cebu
City, is equally hated and loved by her co-employees because she extends cash advances or "vales "
to her colleagues whom she likes. One morning, Azenith discovers an anonymous letter inserted under
the door of her office threatening to kill her.
Azenith promptly reports the matter to her superior Joshua, who thereupon conducts an internal
investigation to verify the said threat.
Claiming that the threat is real, Temptation, Inc. opts to transfer Azenith to its Palawan Office, a move
she resists in view of the company‟s refusal to disclose the results of its investigation.
Decrying the move as a virtual deprivation of her employment, Azenith files a petition for the issuance
of a writ of habeas data before the Regional Trial Court (RTC) to enjoin Temptation, Inc. from
transferring her on the ground that the company‟s refusal to provide her with a copy of the
investigation results compromises her right to life, liberty and privacy.
Resolve the petition. Explain. (5%)

NOTHING FOLLOWS.
2010 Bar Examination Questions

Legal Ethics

26 September 2010 2 P.M. – 5 P.M.


INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to XI)
contained in six (6) pages; and Part II with eleven (11) questions (numbered XII to XXII), contained
in five (5) pages, for a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LEGAL ETHICS AND PRACTICAL EXERCISES


PART I

I
Prepare the following:
a. Verification and Certification against Forum Shopping. (5%)
b. Petition for Letters Rogatory. (5%)

II
Enumerate the instances when a Notary Public may authenticate documents without requiring the
physical presence of the signatories. (2%)

III
Atty. Y, in his Motion for Reconsideration of the Decision rendered by the National Labor Relations
Commission (NLRC), alleged that there was connivance of the NLRC Commissioners with Atty. X for
monetary considerations in arriving at the questioned Decision. He insulted the Commissioners for
their ineptness in appreciating the facts as borne by the evidence presented.
Atty. X files an administrative complaint against Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to express his righteous
anger against the Commissioners for having cheated them; that his allegations in the Motion for
Reconsideration are absolutely privileged; and that proscription against the use of abusive language
does not cover pleadings filed with the NLRC, as it is not a court, nor are any of its Commissioners
Justices or Judges.
Is Atty. Y administratively liable under the Code of Professional Responsibility? Explain. (3%)

IV
Atty. XX rented a house of his cousin JJ on a month-tomonth basis. He left for a 6-month study in
Japan without paying his rentals and electric bills while he was away despite JJ‟s repeated demands.
Upon his return to the Philippines, Atty. XX still failed to settle his rental arrearages and electric bills,
drawing JJ to file an administrative complaint against Atty. XX.
Atty. XX contended that his non-payment of rentals and bills to his cousin is a personal matter which
has no bearing on his profession as a lawyer and, therefore, he did not violate the Code of
Professional Responsibility.
a. Is Atty. XX‟s contention in order? Explain. (3%)
b. Cite two (2) specific Rules in the Code of Professional Responsibility, violation of which
subjects a lawyer to disciplinary action by the Supreme Court although the acts complained of
are purely personal or private activities that do not involve the practice of law. (2%)

V
When is professional incompetence a ground for disbarment under the Rules of Court? Explain. (3%)

VI
Atty. Monica Santos-Cruz registered the firm name "Santos- Cruz Law Office" with the Department of
Trade and Industry as a single proprietorship. In her stationery, she printed the names of her husband
and a friend who are both non-lawyers as her senior partners in light of their investments in the firm.
She allowed her husband to give out calling cards bearing his name as senior partner of the firm and
to appear in courts to move for postponements.
Did Atty. Santos-Cruz violate the Code of Professional Responsibility? Why? (3%)

VII
Atty. Candido commented in a newspaper that the decision of the Court of Appeals was influenced by
a powerful relative of the prevailing party. The appellate court found him guilty of indirect contempt.
Does this involve moral turpitude? Explain. (3%)

VIII
For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case involving 5,000 square
meters (sq.m.) of land, the two agreed on a success fee of P50,000 plus 500 sq.m. of the land.
The trial court rendered judgment in favor of Wag Yu which became final and executory.
After receiving P50,000, Atty. Delmonico demanded the transfer to him of the promised 500 sq.m.
Instead of complying, Wag Yu filed an administrative complaint charging Atty. Delmonico with
violation of the Code of Professional Responsibility and Article 1491(5) of the Civil Code for demanding
the delivery of a portion of the land subject of litigation.
Is Atty. Delmonico liable under the Code of Professional Responsibility and the Civil Code? Explain.
(5%)

IX
Is the defense of Atty. R in a disbarment complaint for immorality filed by his paramour P that P is
in pari delicto material or a ground for exoneration? Explain. (3%)

X
Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money. Upon receipt on
March 20, 2009 of the Notice of Pre-Trial which was scheduled on May 24, 2009, Allison noted that at
that time he would still be in a two-week conference in St. Petersburg. He thus asked Atty. X to
represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to the court to enable him to represent
Allison during Pre-Trial. (5%)

XI
After passing the Philippine Bar in 1986, Atty. Richards practiced law until 1996 when he migrated to
Australia where he subsequently became an Australian citizen in 2000. As he kept abreast of legal
developments, petitioner learned about the Citizenship Retention and Re-Acquisition Act of 2003
(Republic Act No. 9225), pursuant to which he reacquired his Philippine citizenship in 2006. He took
his oath of allegiance as a Filipino citizen at the Philippine embassy in Canberra, Australia. Jaded by
the laid back life in the outback, he returned to the Philippines in December 2008. After the holidays,
he established his own law office and resumed his practice of law.
Months later, a concerned woman who had secured copies of Atty. Richards‟ naturalization papers with
consular authentication, filed with the Supreme Court an anonymous complaint against him< for
illegal practice of law.
a. May the Supreme Court act upon the complaint filed by an anonymous person? Why or why
not? (3%)
b. Is respondent entitled to resume the practice of law? Explain. (5%)

PART II

XII
Rebecca‟s complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge A‟s wife by a
previous marriage. This is known to the defendant who does not, however, file a motion to inhibit the
Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)

XIII
Reacting to newspaper articles and verbal complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court ordered the conduct of a discreet investigation by
the Office of the Court Administrator.
Judges in the place where Judge X is assigned confirmed the complaints.
a. What administrative charge/s may be leveled against Judge X? Explain. (3%)
b. What defense/s can Judge X raise in avoidance of any liability? (2%)

XIV
Farida engaged the services of Atty. Garudo to represent her in a complaint for damages. The two
agreed that all expenses incurred in connection with the case would first be shouldered by Atty.
Garudo and he would be paid for his legal services and reimbursed for all expenses which he had
advanced out of whatever Farida may receive upon the termination of the case. What kind of contract
is this? (2%)

XV
Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for government officials and members of the bench.
One day, he had a chance meeting with a judge in the Intramuros golf course. The two readily got
along well and had since been regularly playing golf together at the Marina Golf Club.
a. If Atty. Rico does not discuss cases with members of the bench during parties and golf games,
is he violating the Code of Professional Responsibility? Explain. (3%)
b. How about the members of the bench who grace the parties of Rico, are they violating the
Code of Judicial Conduct? Explain. (3%)

XVI
Judge L is assigned in Turtle Province. His brother ran for Governor in Rabbit Province. During the
election period this year, Judge L took a leave of absence to help his brother conceptualize the
campaign strategy. He even contributed a modest amount to the campaign kitty and hosted lunches
and dinners.
Did Judge L incur administrative and/or criminal liability? Explain. (3%)

XVII
Judge X was invited to be a guest speaker during the annual convention of a private organization
which was covered by media. Since he was given the liberty to speak on any topic, he discussed the
recent decision of the Supreme Court declaring that the President is not, under the Constitution,
proscribed from appointing a Chief Justice within two months before the election.
In his speech, the judge demurred to the Supreme Court decision and even stressed that the decision
is a serious violation of the Constitution.
a. Did Judge X incur any administrative liability? Explain. (3%)
b. If instead of ventilating his opinion before the private organization, Judge X incorporated it, as
an obiter dictum, in one of his decisions, did he incur any administrative liability? Explain.
(3%)

XVIII
a. Draft the accusatory portion of an Information for RAPE of a 13-year old child committed by
her maternal uncle in broad daylight at the back of a church. (5%)
b. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)
c. Draft a Petition for Bail. (5%)

XIX
Judges of the first and second level courts are allowed to receive assistance from the local government
units where they are stationed. The assistance could be in the form of equipment or allowance.
Justices at the Court of Appeals in the regional stations in the Visayas and Mindanao are not
necessarily residents there, hence, they incur additional expenses for their accommodations.
Pass on the propriety of the Justices‟ receipt of assistance/allowance from the local governments.
(3%)

XX
Arabella filed a complaint for disbarment against her estranged husband Atty. P on the ground of
immorality and use of illegal drugs.
After Arabella presented evidence and rested her case before the Investigating Commissioner of the
IBP Committee on Bar Discipline, she filed an Affidavit of Desistance and motion to dismiss the
complaint, she and her husband having reconciled for the sake of their children.
You are the Investigating Commissioner of the IBP. Bearing in mind that the family is a social
institution which the State is duty-bound to preserve, what will be your action on Arabella‟s motion to
dismiss the complaint? (3%)

XXI
On the proposal of Judge G, which was accepted, he and his family donated a lot to the city of Gyoza
on the condition that a public transport terminal would be constructed thereon. The donation was
accepted and the condition was complied with.
The family-owned tracts of land in the vicinity of the donated lot suddenly appreciated in value and
became commercially viable as in fact a restaurant and a hotel were soon after built.
Did the Judge commit any violation of the Code of Judicial Conduct? (2%)

XXII
A retired member of the Judiciary is now engaged in private practice. In attending hearings, he uses
his car bearing his protocol plate which was issued to him while still in the service.
Pass on the ethical aspect of the judge‟s use of the protocol plate. (2%)
NOTHING FOLLOWS.