MIDTERM EXAMINATIONS IN LEGAL RESEARCH

Prof.: Lhem J. Naval, Esq.

A LAW STUDENT WHO DOES NOT READ AND FOLLOW INSTRUCTIONS

IS A POTENTIAL BAR FLUNKER.
1. Leave the first page of your notebook vacant.
2. No tearing of pages.
3. Observe proper margin and indention.

I. Objective. Answer what is being asked for.

1. The study of the materials essential to the inquiry of the researcher.

2. These are recorded laws and rules which will be enforced by state.
3. A law that establishes what is right and what is wrong as dictated by human conscience.
4. A written will of the legislature expressed according to the form necessary to constitute it a
law of the state and rendered authentic by certain prescribed forms and solemnities.
5. The fundamental law or supreme law of the land promulgated by the people. A law, to
which all other laws must conform.
6. A law that creates, defines, regulates the rights and duties of parties.
7. An application of the law wherein non-compliance renders act void or illegal.
8. An attribute of law that affects acts already committed before effectivity.
9. Part of the statute contains the subject matter of the statute and shall embrace only one
subject.
10. The decisions, interpretations made by judges while deciding on the legal issues before
them which are considered as the common law or as an aid for interpretation of a law in
subsequent cases with similar conditions.
11. Judgment, decree, or determination of findings of fact and/or of law by a judge, arbitrator,
court, governmental agency, or other official tribunal
12. The process of finding the law, rules and regulations that govern activities of human
society.
13. Constitutional law, administrative law, election law are included in this kind of law.
14. The written instrument by which the fundamental powers of the government are
established, limited and defined and by which these powers are distributed among the
several departments for their safe and useful exercise for the benefit of the people.
15. A law for the exaction of money from the state to achieve legislative or general objective.
16. A mischievous legislative practice of embracing in one bill several distinct matters, none of
which, perhaps, could singly obtain the assent of the legislator, and then procuring its
passage by a combination of the minorities in favour of each of the measure into a majority
that will adopt them all.
17. Often called the third house of congress where bills emanating from both houses are
reconciled and finalized.
18. Sources of Law dealing on publications that discuss or analyze legal doctrine.
19. It provides that a final judgment on the merits rendered by a court of competent jurisdiction
is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar
to subsequent actions involving the same claim, demand or cause of action
20. The principle that the decisions of a court are a binding authority on the court that issued
the decisions and on the lower courts for the disposition of factually similar controversies.
21. The characteristic of law that sets guidelines of what to do or not to do.
22. The meaning of the acronym SCRA.
23. The matter of controversy that is to be decided by the court.
24. The court that was previously called the Court of First Instance.
25. The abbreviated form summing up the facts, issues and the ponencia of jurisprudence.
26. The lower court that covers two or more municipalities.
27. The scope of law that applies to persons, entities, things as a class omitting no one.
28. The association of lawyers.
29. The association of judges.
30. This is what we call to administrative laws attached to statutes and are promulgated by
executive agency tasked to implement it.
II. ESSAY.

INSTRUCTION: Answer the Essay questions legibly, clearly, and concisely. Start
each number on a separate page. An answer to a sub-question under the same
number may be written continuously on the same page and the immediately
succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of
the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts, to
reason logically in a lawyer-like manner, and to form a sound conclusion from the
given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion

will not be given any credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.

1. Laws take effect after fifteen days following the completion of their publication either in the
Official gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided in accordance with Art. 2 of the NCC. What does the clause “unless it is otherwise
provided” refer to? (3%)

2. Sec. I of PD 755 incorporates by reference a contract which was not reproduced or attached
as an annex to PD 755. Can the contract incorporated in Sec. 1 of PD 775 be given the status
of a law? (5%)

3. Enumerate the Hierarchy of Courts of Justices in the Philippines. (5%)

4. What is an enrolled bill? (2%)

5. RA 14790 “An Act Creating the Municipality of Malindang in the Province of Misamis
Occidental” was signed into law consisting of 43 barrios, 23 of which are from the
municipalities of Josefina in the province of Zamboanga del Sur and Osmena, province of
Zamboanga del Norte. The Office of the President recommended the COMELEC to suspend
the operation of the statute until clarified. Notwithstanding, the COMELEC declared that the
statute should be implemented unless declared unconstitutional by the SC. Hence the petition
for certiorari and prohibition filed by Z, a resident and taxpayer of the detached portion of
Josefina, Zamboanga del Sur and a qualified voter. If you were the Chief Justice, how would
you decide on this case? (5%)

6. What are the requisites of Res judicata? (5%)

7. Respondent appeals for the decision of lower court finding him guilty of treason. He was
allegedly helping Japanese occupants in arresting Filipinos thought to be guerillas. He
contends that he should not be tried by the court on account that his nationality and citizenship
are undetermined, citing previous cases under the doctrine of stare decisis where a limitation
on the application of jus soli for citizenship was established. Is stare decisis applicable at the
case at bar? (5%)

8. Enumerate five (5) primary sources of Law. (5%)

9. The case at bar involves a parcel of land which the petitioner occupies and built a house
thereof. Petitioner filed before the defendant corporation for the award of sale of the said
parcel of land and found out that it was already awarded to defendant spouses. Petitioner filed
protest before the court for annulment of deed of sale of said lot. Defendant spouses invoke
res judicata in their counterclaim stating that the petitioner has no cause for action since there
is a decision already to quiet the title and recovery of possession of the Lot involved in favor of
the defendant spouses. The court dismissed the case on ground of res judicata stating that the
court decision has already been final and executory. Petitioner appealed before the appellate
court which forwarded the case to SC since the issue involved is a question of law. Is res
judicata applicable at the case at bar? (5%)

10. Distinguish Public Law from Private Law? (3%)

11. X was apprehended by an enforcer for not wearing a helmet, and was charged with violation of
the Helmet Law and a local city ordinance of the same nature. X contended that he should not
be charged because he was of no knowledge that there is such a law prohibiting non-wearing
of helmet; secondly, being a non-resident of the city, he is also of no knowledge that there
exists an ordinance prohibiting the same. Would X be exonerated from liability on the ground
he contended? (5%)

12. Distinguish a law from a statute? (2%)

13. The City Mayor issues an Executive Order declaring that the city promotes
responsible parenthood and upholds natural family planning. He prohibits all
hospitals operated by the city from prescribing the use of artificial methods of
contraception, including condoms, pills, intrauterine devices and surgical
sterilization. As a result, poor women in his city lost their access to affordable
family planning programs. Private clinics, however, continue to render family
planning counsel and devices to paying clients. Is the Executive Order valid?
(5%)

14. Petitioner Idol ng Kabayutan Party List is a national organization which represents the
homosexuals. It filed a petition for accreditation as a party-list organization to public
respondent. However, due to moral grounds, the latter denied the said petition. To buttress
their denial, COMELEC cited certain biblical and quranic passages in their decision. It also
stated that since their ways are immoral and contrary to public policy, they are considered
nuissance. In fact, their acts are even punishable under the Revised Penal Code in its Article
201. Did Respondent COMELEC err in denying Petitioners application on moral and legal
grounds? (5%)

15. Law is a rule of conduct, just and obligatory, promulgated by legitimate authority for the
common observance and benefit.

a) What do you mean by a rule of conduct? (3%)

b) When we say “just and obligatory” what does the law ask from the people? (3%)
c) When can you say that an authority is not legitimate? (2%)

16. “Salus Populi est Suprema Lex (The welfare of the people is the Supreme Law). Explain.
(7%)