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Bar Examination Questionnaire for Remedial Law Set A


(1) Anna filed a petition for appointment as regular
administratrix of her fathers' estate. Her sister Sophia moved to
dismiss the petition on the ground that the parties, as members
of the same family, have not exerted earnest effort toward a
compromise prior to the filing of the petition. Should the petition
be dismissed?
(A) Yes, since such earnest effort is jurisdictional in all estate
cases.
(B) No, since such earnest effort is not required in special
proceedings.
(C) Yes, since such earnest effort is required prior to the filing
of the case.
(D) No, since such earnest effort toward a compromise is not
required in summary proceedings.
(2) A pending criminal case, dismissed provisionally, shall be
deemed permanently dismissed if not revived after 2 years with
respect to offenses punishable by imprisonment
(A) of more than 12 years.
(B) not exceeding 6 years or a fine not exceeding P1,000.00.
(C) of more than 6 years or a fine in excess of P1,000.00.
(D) of more than 6 years.
(3) Angie was convicted of false testimony and served
sentence. Five years later, she was convicted of homicide. On
appeal, she applied for bail. May the Court of Appeals deny her
application for bail on ground of habitual delinquency?
(A) Yes, the felonies are both punishable under the Revised
Penal Code.
(B) Yes, her twin convictions indicated her criminal inclinations.
(C) No, the felonies fall under different titles in the Revised
Penal Code.
(D) No, the charges are both bailable.
(4) Which of the following is NOT CONSISTENT with the rules
governing expropriation proceedings?
(A) The court shall declare the defendant who fails to answer
the complaint in default and render judgment against him.
(B) The court shall refer the case to the Board of
Commissioners to determine the amount of just compensation.
(C) The plaintiff shall make the required deposit and forthwith
take immediate possession of the property sought to be
expropriated.
(D) The plaintiff may appropriate the property for public use
after judgment and payment of the compensation fixed in it,
despite defendants appeal.
(5) Which of the following is a correct statement of the rule on
amendment of the information in a criminal proceeding?
(A) An amendment that downgrades the offense requires leave
of court even before the accused pleads.
(B) Substantial amendments are allowed with leave of court
before the accused pleads.
(C) Only formal amendments are permissible before the
accused pleads.
(D) After the plea, a formal amendment may be made without
leave of court.
(6) Gary who lived in Taguig borrowed P1 million from Rey who
lived in Makati under a contract of loan that fixed Makati as the
venue of any action arising from the contract. Gary had already
paid the loan but Rey kept on sending him letters of demand
for some balance. Where is the venue of the action for
harassment that Gary wants to file against Rey?
(A) In Makati since the intent of the party is to make it the
venue of any action between them whether based on the
contract or not.
(B) In Taguig or Makati at the option of Gary since it is a
personal injury action.
(C) In Taguig since Rey received the letters of demand there.
(D) In Makati since it is the venue fixed in their contract.
(7) Which of the following is NOT within the power of a judicial
receiver to perform?
(A) Bring an action in his name.
(B) Compromise a claim.
(C) Divide the residual money in his hands among the persons
legally entitled to the same.
(D) Invest the funds in his hands without court approval.
(8) Which of the following precepts forms part of the rules
governing small claims?
(A) Permissive counterclaim is not allowed.
(B) The court shall render its decision within 3 days after
hearing.
(C) Joinder of separate claims is not allowed.
(D) Motion to declare defendant in default is allowed.

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(9) The Metropolitan Trial Court convicted Virgilio and Dina of
concubinage. Pending appeal, they applied for bail, claiming
they are entitled to it as a matter of right. Is their claim correct?
(A) No, bail is not a matter of right after conviction.
(B) Yes, bail is a matter of right in all cases not involving moral
turpitude.
(C) No, bail is dependent on the risk of flight.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court
before and after conviction.
(10) As a rule, the judge shall receive the evidence personally.
In which of the following circumstances may the court delegate
the reception of evidence to the clerk of court?
(A) When a question of fact arises upon a motion.
(B) When the trial of an issue of fact requires the examination
of a long account.
(C) In default or ex-parte hearings.
(D) Upon motion of a party on reasonable grounds.
(11) Which of the following is in accord with the applicable
rules on receivership?
(A) The court may appoint the plaintiff as receiver of the
property in litigation over the defendants objection.
(B) A receiver may be appointed after judgment if the judgment
obligor refuses to apply his property to satisfy the judgment.
(C) The trial court cannot appoint a receiver when the case is
on appeal.
(D) The filing of bond on appointment of a receiver is mainly
optional.
(12) Bearing in mind the distinction between private and public
document, which of the following is admissible in evidence
without further proof of due execution or genuineness?
(A) Baptismal certificates.
(B) Official record of the Philippine Embassy in Singapore
certified by the Vice- Consul with official seal.
(C) Documents acknowledged before a Notary Public in Hong
Kong.
(D) Unblemished receipt dated December 20, 1985 signed by
the promisee, showing payment of a loan, found among the
well-kept file of the promissor.
(13) Ramon witnessed the commission of a crime but he
refuses to testify for fear of his life despite a subpoena being
served on him. Can the court punish him for contempt?
(A) No, since no person can be compelled to be a witness
against another.
(B) Yes, since public interest in justice requires his testimony.
(C) No, since Ramon has a valid reason for not testifying.
(D) Yes, since litigants need help in presenting their cases.
(14) The right to intervene is not absolute. In general, it
CANNOT be allowed where
(A) the intervenor has a common interest with any of the
parties.
(B) it would enlarge the issues and expand the scope of the
remedies.
(C) the intervenor fails to put up a bond for the protection of the
other parties.
(D) the intervenor has a stake in the property subject of the
suit.
(15) Which of the following grounds for dismissal invoked by
the court will NOT PRECLUDE the plaintiff from refiling his
action?
(A) Res judicata.
(B) Lack of jurisdiction over the subject matter.
(C) Unenforceability under the Statutes of Fraud.
(D) Prescription.
(16) When may a co-owner NOT demand the partition of the
thing owned in common?
(A) When the creditor of one of the co-owners has attached the
property.
(B) When the property is essentially indivisible.
(C) When related co-owners agreed to keep the property within
the family.
(D) When a co-owner uses the property as his residence.
(17) The city prosecutor of Manila filed, upon Soledads
complaint, a criminal action for estafa against her sister, Wella,
before the RTC of Manila for selling to Victor a land that she
previously sold to Soledad. At the same time Soledad filed a
civil action to annul the second sale before the RTC of Quezon
City. May the Manila RTC motu proprio suspend the criminal
action on ground of prejudicial question?
(A) Yes, if it may be clearly inferred that complainant will not
object to the suspension of the criminal case.

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(B) No, the accused must file a motion to suspend the action
based on prejudicial question.
(C) Yes, if it finds from the record that such prejudicial question
exists.
(D) Yes, if it is convinced that due process and fair trial will be
better served if the criminal case is suspended.
(18) Which of the following conforms to the applicable rule on
replevin?
(A) The applicant must file a bond executed to the adverse
party in an amount equal to the value of the property as
determined by the court.
(B) The property has been wrongfully detained by the adverse
party.
(C) The applicant has a contingent claim over the property
object of the writ.
(D) The plaintiff may apply for the writ at any time before
judgment.
(19) Gerry sued XYZ Bus Co. and Rico, its bus driver, for
injuries Gerry suffered when their bus ran off the road and hit
him. Of the two defendants, only XYZ Bus Co. filed an answer,
alleging that its bus ran off the road because one of its wheels
got caught in an open manhole, causing the bus to swerve
without the drivers fault. Someone had stolen the manhole
cover and the road gave no warning of the danger it posed. On
Gerrys motion and over the objection of XYZ Bus Co., the
court declared Rico, the bus driver, in default and rendered
judgment ordering him to pay P50,000 in damages to Gerry.
Did the court act correctly?
(A) No, since the court should have tried the case against both
defendants upon the bus companys answer.
(B) No, the court should have dropped Rico as defendant since
the moneyed defendant is the bus company.
(C) Yes, the court can, under the rules, render judgment
against the defendant declared in default.
(D) Yes, since, in failing to answer, Rico may be deemed to
have admitted the allegations in the complaint.
(20) Which of the following has NO PLACE in an application for
a replevin order? A statement
(A) that the property is wrongfully detained by the adverse
party.
(B) that the property has not been distrained for a tax
assessment or placed under custodia legis.
(C) of the assessed value of the property.
(D) that the applicant owns or has a right to the possession of
the property.
(21) 008-997-0001 In which of the following instances is the
quantum of evidence ERRONEOUSLY applied?
(A) in Writ of Amparo cases, substantial evidence.
(B) to satisfy the burden of proof in civil cases, preponderance
of evidence.
(C) to overcome a disputable presumption, clear and
convincing evidence.
(D) to rebut the presumptive validity of a notarial document,
substantial evidence.
(22) The accused jumps bail and fails to appear on
promulgation of judgment where he is found guilty. What is the
consequence of his absence?
(A) Counsel may appeal the judgment in the absence of the
accused.
(B) The judgment shall be promulgated in his absence and he
loses his right of appeal.
(C) The promulgation of the judgment shall be suspended until
he is brought to the jurisdiction of the court.
(D) The judgment shall be void.
(23) What should the court sheriff do if a third party serves on
him an affidavit of claim covering the property he had levied?
(A) Ask the judgment obligee to file a court-approved indemnity
bond in favor of the third-party claimant or the sheriff will
release the levied property.
(B) Ask the judgment obligee to file a court-approved bond for
the sheriffs protection in case he proceeds with the execution.
(C) Immediately lift the levy and release the levied property.
(D) Ask the third-party claimant to support his claim with an
indemnity bond in favor of the judgment obligee and release
the levied property if such bond is filed.
(24) Which of the following is NOT REGARDED as a sufficient
proof of personal service of pleadings?
(A) Official return of the server.
(B) Registered mail receipt.
(C) Written admission of the party served.
(D) Affidavit of the server with a statement of the date, place
and manner of service.
(25) A sued B for ejectment. Pending trial, B died, survived by
his son, C. No substitution of party defendant was made. Upon
finality of the judgment against B, may the same be enforced
against C?

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(A) Yes, because the case survived Bs death and the effect of
final judgment in an ejectment case binds his successors in-
interest.
(B) No, because C was denied due process.
(C) Yes, because the negligence of Bs counsel in failing to ask
for substitution, should not prejudice A.
(D) No, because the action did not survive Bs death.
(26) What is the proper remedy to secure relief from the final
resolutions of the Commission On Audit?
(A) Petition for review on certiorari with the Supreme Court.
(B) Special civil action of certiorari with the Court of Appeals.
(C) Special civil action of certiorari with the Supreme Court.
(D) Appeal to the Court of Appeals.
(27) Which of the following is a duty enjoined on the guardian
and covered by his bond?
(A) Provide for the proper care, custody, and education of the
ward.
(B) Ensure the wise and profitable investment of the wards
financial resources.
(C) Collect compensation for his services to the ward.
(D) Raise the ward to become a responsible member of
society.
(28) Berto was charged with and convicted of violating a city
ordinance against littering in public places punishable by
imprisonment of one month or a fine of P1,000.00. But the city
mayor pardoned him. A year later, he was charged with
violating a city ordinance against jaywalking which carried the
same penalty. Need Berto post bail for such offense?
(A) Yes, his previous conviction requires posting of bail for the
present charge.
(B) Yes, since he may be deemed to have violated the terms of
his pardon.
(C) No, because he is presumed innocent until proven
otherwise.
(D) No, one charged with the violation of a city ordinance is not
required to post bail, notwithstanding a previous pardon.
(29) Which of the following claims survive the death of the
defendant and need not be presented as a claim against the
estate?
(A) Contingent money claims arising from contract.
(B) Unenforced money judgment against the decedent, with
death occurring before levy on execution of the property.
(C) Claims for damages arising from quasi-delict.
(D) Claims for funeral expenses.
(30) In a case, the prosecutor asked the medical expert the
question, "Assuming that the assailant was behind the
deceased before he attacked him, would you say that
treachery attended the killing?" Is this hypothetical question
permissible?
(A) No, since it asks for his legal opinion.
(B) Yes, but conditionally, subject to subsequent proof that the
assailant was indeed behind the deceased at that time.
(C) Yes, since hypothetical questions may be asked of an
expert witness.
(D) No, since the medical expert has no personal knowledge of
the fact.
(31) The city prosecutor charged Ben with serious physical
injuries for stabbing Terence. He was tried and convicted as
charged. A few days later, Terence died due to severe infection
of his stab wounds. Can the prosecution file another
information against Ben for homicide?
(A) Yes, since Terences death shows irregularity in the filing of
the earlier charge against him.
(B) No, double jeopardy is present since Ben had already been
convicted of the first offense.
(C) No, there is double jeopardy since serious physical injuries
is necessarily included in the charge of homicide.
(D) Yes, since supervening event altered the kind of crime the
accused committed.
(32) Arvin was caught in flagrante delicto selling drugs for
P200,000.00. The police officers confiscated the drugs and the
money and brought them to the police station where they
prepared the inventory duly signed by police officer Oscar
Moreno. They were, however, unable to take pictures of the
items. Will this deficiency destroy the chain of custody rule in
the drug case?
(A) No, a breach of the chain of custody rule in drug cases, if
satisfactorily explained, will not negate conviction.
(B) No, a breach of the chain of custody rule may be offset by
presentation in court of the drugs.
(C) Yes, chain of custody in drug cases must be strictly
observed at all times to preserve the integrity of the confiscated
items.
(D) Yes, compliance with the chain of custody rule in drug
cases is the only way to prove the accuseds guilt beyond

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reasonable doubt.
(33) A sued B in the RTC of Quezon City, joining two causes of
action: for partition of real property and breach of contract with
damages. Both parties reside in Quezon City but the real
property is in Manila. May the case be dismissed for improper
venue?
(A) Yes, since causes of action pertaining to different venues
may not be joined in one action.
(B) No, since causes of action pertaining to different venues
may be joined in the RTC if one of the causes of action falls
within its jurisdiction.
(C) Yes, because special civil action may not be joined with an
ordinary civil action.
(D) No, since plaintiff may unqualifiedly join in one complaint as
many causes of action as he has against opposing party.
(34) What is the doctrine of judicial stability or non
interference?
(A) Once jurisdiction has attached to a court, it can not be
deprived of it by subsequent happenings or events.
(B) Courts will not hear and decide cases involving issues that
come within the jurisdiction of administrative tribunals.
(C) No court has the authority to interfere by injunction with the
judgment of another court of coordinate jurisdiction.
(D) A higher court will not entertain direct resort to it unless the
redress sought cannot be obtained from the appropriate court.
(35) Which of the following admissions made by a party in the
course of judicial proceedings is a judicial admission?
(A) Admissions made in a pleading signed by the party and his
counsel intended to be filed.
(B) An admission made in a pleading in another case between
the same parties.
(C) Admission made by counsel in open court.
(D) Admissions made in a complaint superseded by an
amended complaint.
(36) What defenses may be raised in a suit to enforce a foreign
judgment?
(A) That the judgment is contrary to Philippine procedural rules.
(B) None, the judgment being entitled to full faith and credit as
a matter of general comity among nations.
(C) That the foreign court erred in the appreciation of the
evidence.
(D) That extrinsic fraud afflicted the judgment.
(37) Cindy charged her husband, George, with bigamy for a
prior subsisting marriage with Teresa. Cindy presented Ric and
Pat, neighbors of George and Teresa in Cebu City, to prove,
first, that George and Teresa cohabited there and, second, that
they established a reputation as husband and wife. Can Cindy
prove the bigamy by such evidence?
(A) Yes, the circumstantial evidence is enough to support a
conviction for bigamy.
(B) No, at least one direct evidence and two circumstantial
evidence are required to support a conviction for bigamy.
(C) No, the circumstantial evidence is not enough to support a
conviction for bigamy.
(D) No, the circumstantial evidence cannot overcome the lack
of direct evidence in any criminal case.
(38) To prove payment of a debt, Bong testified that he heard
Ambo say, as the latter was handing over money to Tessie,
that it was in payment of debt. Is Bongs testimony admissible
in evidence?
(A) Yes, since what Ambo said and did is an independently
relevant statement.
(B) No, since what Ambo said and did was not in response to a
startling occurrence.
(C) No, since Bongs testimony of what Ambo said and did is
hearsay.
(D) Yes, since Ambos statement and action, subject of Bongs
testimony, constitutes a verbal act.
(39) Considering the qualifications required of a would-be
witness, who among the following is INCOMPETENT to testify?
(A) A person under the influence of drugs when the event he is
asked to testify on took place.
(B) A person convicted of perjury who will testify as an attesting
witness to a will.
(C) A deaf and dumb.
(D) A mental retardate.
(40) Arthur, a resident foreigner sold his car to Bren. After
being paid but before delivering the car, Arthur replaced its
original sound system with an inferior one. Bren discovered the
change, rejected the car, and demanded the return of his
money. Arthur did not comply. Meantime, his company
reassigned Arthur to Singapore. Bren filed a civil action against
Arthur for contractual fraud and damages. Upon his
application, the court issued a writ of preliminary attachment on
the grounds that (a) Arthur is a foreigner; (b) he departed from
the Philippines; and (c) he was guilty of fraud in contracting
with Bren. Is the writ of preliminary attachment proper?

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(A) No, Arthur is a foreigner living abroad; he is outside the
courts jurisdiction.
(B) Yes, Arthur committed fraud in changing the sound system
and its components before delivering the car bought from him.
(C) Yes the timing of his departure is presumptive evidence of
intent to defraud.
(D) No, since it was not shown that Arthur left the country with
intent to defraud Bren.
(41) What is the movants remedy if the trial court incorrectly
denies his motion to dismiss and related motion for
reconsideration?
(A) Answer the complaint.
(B) File an administrative action for gross ignorance of the law
against the trial judge.
(C) File a special civil action of certiorari on ground of grave
abuse of discretion.
(D) Appeal the orders of denial.
(42) During trial, plaintiff offered evidence that appeared
irrelevant at that time but he said he was eventually going to
relate to the issue in the case by some future evidence. The
defendant objected. Should the trial court reject the evidence in
question on ground of irrelevance?
(A) No, it should reserve its ruling until the relevance is shown.
(B) Yes, since the plaintiff could anyway subsequently present
the evidence anew.
(C) Yes, since irrelevant evidence is not admissible.
(D) No, it should admit it conditionally until its relevance is
shown.
(43) Ben testified that Jaime, charged with robbery, has
committed bag-snatching three times on the same street in the
last six months. Can the court admit this testimony as evidence
against Jaime?
(A) No, since there is no showing that Ben witnessed the past
three robberies.
(B) Yes, as evidence of his past propensity for committing
robbery.
(C) Yes, as evidence of a pattern of criminal behavior proving
his guilt of the present offense.
(D) No, since evidence of guilt of a past crime is not evidence
of guilt of a present crime.
(44) What is the right correlation between a criminal action and
a petition for Writ of Amparo both arising from the same set of
facts?
(A) When the criminal action is filed after the Amparo petition,
the latter shall be dismissed.
(B) The proceeding in an Amparo petition is criminal in nature.
(C) No separate criminal action may be instituted after an
Amparo petition is filed.
(D) When the criminal action is filed after the Amparo petition,
the latter shall be consolidated with the first.
(45) Alex filed a petition for writ of amparo against Melba
relative to his daughter Toni's involuntary disappearance. Alex
said that Melba was Toni's employer, who, days before Toni
disappeared, threatened to get rid of her at all costs. On the
other hand, Melba countered that she had nothing to do with
Toni's disappearance and that she took steps to ascertain
Toni's whereabouts. What is the quantum of evidence required
to establish the parties' respective claims?
(A) For Alex, probable cause; for Melba, substantial evidence.
(B) For Alex, preponderance of evidence; for Melba,
substantial evidence.
(C) For Alex, proof beyond reasonable doubt; for Melba,
ordinary diligence.
(D) For both, substantial evidence.
(46) In which of the following situations is the declaration of a
deceased person against his interest NOT ADMISSIBLE
against him or his successors and against third persons?
(A) Declaration of a joint debtor while the debt subsisted.
(B) Declaration of a joint owner in the course of ownership.
(C) Declaration of a former co-partner after the partnership has
been dissolved.
(D) Declaration of an agent within the scope of his authority.
(47) Defendant Dante said in his answer: "1. Plaintiff Perla
claims that defendant Dante owes her P4,000 on the mobile
phone that she sold him; 2. But Perla owes Dante P6,000 for
the dent on his car that she borrowed." How should the court
treat the second statement?
(A) A cross claim
(B) A compulsory counterclaim
(C) A third party complaint
(D) A permissive counterclaim
(48) How will the court sheriff enforce the demolition of
improvements?

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(A) He will give a 5-day notice to the judgment obligor and, if
the latter does not comply, the sheriff will have the
improvements forcibly demolished.
(B) He will report to the court the judgment obligors refusal to
comply and have the latter cited in contempt of court.
(C) He will demolish the improvements on special order of the
court, obtained at the judgment obligees motion.
(D) He will inform the court of the judgment obligors
noncompliance and proceed to demolish the improvements.
(49) When may the bail of the accused be cancelled at the
instance of the bondsman?
(A) When the accused jumps bail.
(B) When the bondsman surrenders the accused to the court.
(C) When the accused fails to pay his annual premium on the
bail bond.
(D) When the accused changes his address without notice to
the bondsman.
(50) Which of the following MISSTATES a requisite for the
issuance of a search warrant?
(A) The warrant specifically describes the place to be searched
and the things to be seized.
(B) Presence of probable cause.
(C) The warrant issues in connection with one specific offense.
(D) Judge determines probable cause upon the affidavits of the
complainant and his witnesses.
(51) Ranger Motors filed a replevin suit against Bart to recover
possession of a car that he mortgaged to it. Bart disputed the
claim. Meantime, the court allowed, with no opposition from the
parties, Midway Repair Shop to intervene with its claim against
Bart for unpaid repair bills. On subsequent motion of Ranger
Motors and Bart, the court dismissed the complaint as well as
Midway Repair Shops intervention. Did the court act correctly?
(A) No, since the dismissal of the intervention bars the right of
Bart to file a separate action.
(B) Yes, intervention is merely collateral to the principal action
and not an independent proceeding.
(C) Yes, the right of the intervenor is merely in aid of the right
of the original party, which in this case had ceased to exist.
(D) No, since having been allowed to intervene, the intervenor
became a party to the action, entitled to have the issue it raised
tried and decided.
(52) The accused was convicted for estafa thru falsification of
public document filed by one of two offended parties. Can the
other offended party charge him again with the same crime?
(A) Yes, since the wrong done the second offended party is a
separate crime.
(B) No, since the offense refers to the same series of act,
prompted by one criminal intent.
(C) Yes, since the second offended party is entitled to the
vindication of the wrong done him as well.
(D) No, since the second offended party is in estoppel, not
having joined the first criminal action.
(53) Henry testified that a month after the robbery Asiong, one
of the accused, told him that Carlos was one of those who
committed the crime with him. Is Henrys testimony regarding
what Asiong told him admissible in evidence against Carlos?
(A) No, since it is hearsay.
(B) No, since Asiong did not make the statement during the
conspiracy.
(C) Yes, since it constitutes admission against a co-
conspirator.
(D) Yes, since it part of the res gestae.
(54) Dorothy filed a petition for writ of habeas corpus against
her husband, Roy, to get from him custody of their 5 year old
son, Jeff. The court granted the petition and required Roy to
turn over Jeff to his mother. Roy sought reconsideration but the
court denied it. He filed a notice of appeal five days from
receipt of the order denying his motion for reconsideration. Did
he file a timely notice of appeal?
(A) No, since he filed it more than 2 days after receipt of the
decision granting the petition.
(B) No, since he filed it more than 2 days after receipt of the
order denying his motion for reconsideration.
(C) Yes, since he filed it within 15 days from receipt of the
denial of his motion for reconsideration.
(D) Yes, since he filed it within 7 days from receipt of the denial
of his motion for reconsideration.
(55) Angel Kubeta filed a petition to change his first name
"Angel." After the required publication but before any
opposition could be received, he filed a notice of dismissal. The
court confirmed the dismissal without prejudice. Five days
later, he filed another petition, this time to change his surname
"Kubeta." Again, Angel filed a notice of dismissal after the
publication. This time, however, the court issued an order,
confirming the dismissal of the case with prejudice. Is the
dismissal with prejudice correct?
(A) Yes, since such dismissal with prejudice is mandatory.

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(B) No, since the rule on dismissal of action upon the plaintiffs
notice does not apply to special proceedings.
(C) No, since change of name does not involve public interest
and the rules should be liberally construed.
(D) Yes, since the rule on dismissal of action upon the
plaintiffs notice applies and the two cases involve a change in
name.
(56) A complaint without the required "verification"
(A) shall be treated as unsigned.
(B) lacks a jurisdictional requirement.
(C) is a sham pleading.
(D) is considered not filed and should be expunged.
(57) The decisions of the Commission on Elections or the
Commission on Audit may be challenged by
(A) petition for review on certiorari filed with the Supreme Court
under Rule 45.
(B) petition for review on certiorari filed with the Court of
Appeals under Rule 42.
(C) appeal to the Supreme Court under Rule 54.
(D) special civil action of certiorari under Rule 65 filed with the
Supreme Court.
(58) Which of the following states a correct guideline in hearing
applications for bail in capital offenses?
(A) The hearing for bail in capital offenses is summary; the
court does not sit to try the merits of the case.
(B) The prosecutions conformity to the accuseds motion for
bail is proof that its evidence of his guilt is not strong.
(C) The accused, as applicant for bail, carries the burden of
showing that the prosecutions evidence of his guilt is not
strong.
(D) The prosecution must have full opportunity to prove the
guilt of the accused.
(59) Apart from the case for the settlement of her parents'
estate, Betty filed an action against her sister, Sigma, for
reconveyance of title to a piece of land. Betty claimed that
Sigma forged the signatures of their late parents to make it
appear that they sold the land to her when they did not, thus
prejudicing Bettys legitime. Sigma moved to dismiss the action
on the ground that the dispute should be resolved in the estate
proceedings. Is Sigma correct?
(A) Yes, questions of collation should be resolved in the estate
proceedings, not in a separate civil case.
(B) No, since questions of ownership of property cannot be
resolved in the estate proceedings.
(C) Yes, in the sense that Betty needs to wait until the estate
case has been terminated.
(D) No, the filing of the separate action is proper; but the estate
proceeding must be suspended meantime.
(60) What is the consequence of the unjustified absence of the
defendant at the pre-trial?
(A) The trial court shall declare him as in default.
(B) The trial court shall immediately render judgment against
him.
(C) The trial court shall allow the plaintiff to present evidence
ex-parte.
(D) The trial court shall expunge his answer from the record.
(61) What is the remedy of the accused if the trial court
erroneously denies his motion for preliminary investigation of
the charge against him?
(A) Wait for judgment and, on appeal from it, assign such
denial as error.
(B) None since such order is final and executory.
(C) Ask for reconsideration; if denied, file petition for certiorari
and prohibition.
(D) Appeal the order denying the motion for preliminary
investigation.
(62) Which of the following renders a complaint for unlawful
detainer deficient?
(A) The defendant claims that he owns the subject property.
(B) The plaintiff has tolerated defendants possession for 2
years before demanding that he vacate it.
(C) The plaintiffs demand is for the lessee to pay back rentals
or vacate.
(D) The lessor institutes the action against a lessee who has
not paid the stipulated rents.
(63) In a judicial foreclosure proceeding, under which of the
following instances is the court NOT ALLOWED to render
deficiency judgment for the plaintiff?
(A) If the mortgagee is a banking institution.
(B) if upon the mortgagors death during the proceeding, the
mortgagee submits his claim in the estate proceeding.

9
(C) If the mortgagor is a third party who is not solidarily liable
with the debtor.
(D) If the mortgagor is a non-resident person and cannot be
found in the Philippines.
(64) In which of the following cases is the plaintiff the real party
in interest?
(A) A creditor of one of the co-owners of a parcel of land, suing
for partition
(B) An agent acting in his own name suing for the benefit of a
disclosed principal
(C) Assignee of the lessor in an action for unlawful detainer
(D) An administrator suing for damages arising from the death
of the decedent
(65) The defendant in an action for sum of money filed a
motion to dismiss the complaint on the ground of improper
venue. After hearing, the court denied the motion. In his
answer, the defendant claimed prescription of action as
affirmative defense, citing the date alleged in the complaint
when the cause of action accrued. May the court, after hearing,
dismiss the action on ground of prescription?
(A) Yes, because prescription is an exception to the rule on
Omnibus Motion.
(B) No, because affirmative defenses are barred by the earlier
motion to dismiss.
(C) Yes, because the defense of prescription of action can be
raised at anytime before the finality of judgment.
(D) No, because of the rule on Omnibus Motion.
(66) What is the effect of the failure of the accused to file a
motion to quash an information that charges two offenses?
(A) He may be convicted only of the more serious offense.
(B) He may in general be convicted of both offenses.
(C) The trial shall be void.
(D) He may be convicted only of the lesser offense.
(67) Which of the following is a correct application of the rules
involved in consolidation of cases?
(A) Consolidation of cases pending in different divisions of an
appellate court is not allowed.
(B) The court in which several cases are pending involving
common questions of law and facts may hear initially the
principal case and suspend the hearing in the other cases.
(C) Consolidation of cases pending in different branches or
different courts is not permissible.
(D) The consolidation of cases is done only for trial purposes
and not for appeal.
(68) Summons was served on "MCM Theater," a business
entity with no juridical personality, through its office manager at
its place of business. Did the court acquire jurisdiction over
MCM Theaters owners?
(A) Yes, an unregistered entity like MCM Theater may be
served with summons through its office manager.
(B) No, because MCM has no juridical personality and cannot
be sued.
(C) No, since the real parties in interest, the owners of MCM
Theater, have not been served with summons.
(D) Yes since MCM, as business entity, is a de facto
partnership with juridical personality.
(69) Fraud as a ground for new trial must be extrinsic as
distinguished from intrinsic. Which of the following constitutes
extrinsic fraud?
(A) Collusive suppression by plaintiffs counsel of a material
evidence vital to his cause of action.
(B) Use of perjured testimony at the trial.
(C) The defendants fraudulent representation that caused
damage to the plaintiff.
(D) Use of falsified documents during the trial.
(70) Upon review, the Secretary of Justice ordered the public
prosecutor to file a motion to withdraw the information for
estafa against Sagun for lack of probable cause. The public
prosecutor complied. Is the trial court bound to grant the
withdrawal?
(A) Yes, since the prosecution of an action is a prerogative of
the public prosecutor.
(B) No, since the complainant has already acquired a vested
right in the information.
(C) No, since the court has the power after the case is filed to
itself determine probable cause.
(D) Yes, since the decision of the Secretary of Justice in
criminal matters is binding on courts.
(71) Unexplained or unjustified non-joinder in the Complaint of
a necessary party despite court order results in
(A) the dismissal of the Complaint.
(B) suspension of proceedings.

10
(C) contempt of court.
(D) waiver of plaintiffs right against the unpleaded necessary
party.
(72) Which of the following CANNOT be disputably presumed
under the rules of evidence?
(A) That the thing once proved to exist continues as long as is
usual with things of that nature.
(B) That the law has been obeyed.
(C) That a writing is truly dated.
(D) That a young person, absent for 5 years, it being unknown
whether he still lives, is considered dead for purposes of
succession.
(73) 008-464-0001 Which of the following is NOT REQUIRED
in a petition for mandamus?
(A) The act to be performed is not discretionary.
(B) There is no other adequate remedy in the ordinary course
of law.
(C) RIGHT ANSWER The respondent neglects to perform a
clear duty under a contract.
(D) The petitioner has a clear legal right to the act demanded.
(74) When is the defendant entitled to the return of the property
taken under a writ of replevin?
(A) When the plaintiffs bond is found insufficient or defective
and is not replaced.
(B) When the defendant posts a redelivery bond equal to the
value of the property seized.
(C) When the plaintiff takes the property and disposes of it
without the sheriffs approval.
(D) When a third party claims the property taken yet the
applicant does not file a bond in favor of the sheriff.
(75) Character evidence is admissible
(A) in criminal cases, the accused may prove his good moral
character if pertinent to the moral trait involved in the offense
charged.
(B) in criminal cases, the prosecution may prove the bad moral
character of the accused to prove his criminal predisposition.
(C) in criminal cases, the bad moral character of the offended
party may not be proved.
(D) when it is evidence of the good character of a witness even
prior to impeachment.
(76) Xs action for sum of money against Y amounting to
P80,000.00 accrued before the effectivity of the rule providing
for shortened procedure in adjudicating claims that do not
exceed P100,000.00. X filed his action after the rule took
effect. Will the new rule apply to his case?
(A) No since what applies is the rule in force at the time the
cause of action accrued.
(B) No, since new procedural rules cover only cases where the
issues have already been joined.
(C) Yes, since procedural rules have retroactive effect.
(D) Yes, since procedural rules generally apply prospectively to
pending cases.
(77) A motion for reconsideration of a decision is pro forma
when
(A) it does not specify the defects in the judgment.
(B) it is a second motion for reconsideration with an alternative
prayer for new trial.
(C) it reiterates the issues already passed upon but invites a
second look at the evidence and the arguments.
(D) its arguments in support of the alleged errors are grossly
erroneous.
(78) Which of the following correctly states the rule on
foreclosure of mortgages?
(A) The rule on foreclosure of real estate mortgage is
suppletorily applicable to extrajudicial foreclosures.
(B) In judicial foreclosure, an order of confirmation is necessary
to vest all rights in the purchaser.
(C) There is equity of redemption in extra-judicial foreclosure.
(D) A right of redemption by the judgment obligor exists in
judicial foreclosure.
(79) The information charges PNP Chief Luis Santos, (Salary
Grade 28), with "taking advantage of his public position as
PNP Head by feloniously shooting JOSE ONA, inflicting on the
latter mortal wounds which caused his death." Based solely on
this allegation, which court has jurisdiction over the case?
(A) Sandiganbayan only
(B) Sandiganbayan or Regional Trial Court
(C) Sandiganbayan or Court Martial
(D) Regional Trial Court only

11
(80) Distinguish between conclusiveness of judgment and bar
by prior judgment.
(A) Conclusiveness of judgment bars another action based on
the same cause; bar by prior judgment precludes another
action based on the same issue.
(B) Conclusiveness of judgment bars only the defendant from
questioning it; bar by prior judgment bars both plaintiff and
defendant.
(C) Conclusiveness of judgment bars all matters directly
adjudged; bar by prior judgment precludes all matters that
might have been adjudged.
(D) Conclusiveness of judgment precludes the filing of an
action to annul such judgment; bar by prior judgment allows the
filing of such an action.
(81) Which of the following matters is NOT A PROPER
SUBJECT of judicial notice?
(A) Persons have killed even without motive.
(B) Municipal ordinances in the municipalities where the MCTC
sits.
(C) Teleconferencing is now a way of conducting business
transactions.
(D) British law on succession personally known to the presiding
judge.
(82) The RTC of Malolos, Branch 1, issued a writ of execution
against Rene for P20 million. The sheriff levied on a school
building that appeared to be owned by Rene. Marie, however,
filed a third party claim with the sheriff, despite which, the latter
scheduled the execution sale. Marie then filed a separate
action before the RTC of Malolos, Branch 2, which issued a
writ of preliminary injunction enjoining the sheriff from taking
possession and proceeding with the sale of the levied property.
Did Branch 2 correctly act in issuing the injunction?
(A) Yes, since the rules allow the filing of the independent suit
to check the sheriffs wrongful act in levying on a third partys
property.
(B) Yes, since Branch 2, like Branch 1, is part of the RTC of
Malolos.
(C) No, because the proper remedy is to seek relief from the
same court which rendered the judgment.
(D) No, since it constitutes interference with the judgment of a
co-equal court with concurrent jurisdiction.
(83) What is the effect and ramification of an order allowing
new trial?
(A) The courts decision shall be held in suspension until the
defendant could show at the reopening of trial that it has to be
abandoned.
(B) The court shall maintain the part of its judgment that is
unaffected and void the rest.
(C) The evidence taken upon the former trial, if material and
competent, shall remain in use.
(D) The court shall vacate the judgment as well as the entire
proceedings had in the case.
(84) Which of the following is sufficient to disallow a will on the
ground of mistake?
(A) An error in the description of the land devised in the will.
(B) The inclusion for distribution among the heirs of properties
not belonging to the testator.
(C) The testator intended a donation intervivos but unwittingly
executed a will.
(D) An error in the name of the person nominated as executor.
(85) As a rule, the estate shall not be distributed prior to the
payment of all charges to the estate. What will justify advance
distribution as an exception?
(A) The estate has sufficient residual assets and the
distributees file sufficient bond.
(B) The specific property sought to be distributed might suffer
in value.
(C) An agreement among the heirs regarding such distribution.
(D) The conformity of the majority of the creditors to such
distribution.
(86) A party aggrieved by an interlocutory order of the Civil
Service Commission (CSC) filed a petition for certiorari and
prohibition with the Court of Appeals. May the Court of Appeals
take cognizance of the petition?
(A) Yes, provided it raises both questions of facts and law.
(B) No, since the CSC Chairman and Commissioners have the
rank of Justices of the Court of Appeals.
(C) No, since the CSC is a Constitutional Commission.
(D) Yes, since the Court of Appeals has jurisdiction over the
petition concurrent with the Supreme Court.
(87) Which of the following is appealable?
(A) An order of default against the defendant.
(B) The denial of a motion to dismiss based on improper
venue.
(C) The dismissal of an action with prejudice.

12
(D) The disallowance of an appeal.
(88) Which of the following is NOT REQUIRED of a declaration
against interest as an exception to the hearsay rule?
(A) The declarant had no motive to falsify and believed such
declaration to be true.
(B) The declarant is dead or unable to testify.
(C) The declaration relates to a fact against the interest of the
declarant.
(D) At the time he made said declaration he was unaware that
the same was contrary to his aforesaid interest.
(89) To prove the identity of the assailant in a crime of
homicide, a police officer testified that, Andy, who did not
testify in court, pointed a finger at the accused in a police
lineup. Is the police officers testimony regarding Andy's
identification of the accused admissible evidence?
(A) Yes, since it is based on his personal knowledge of Andys
identification of the accused.
(B) Yes, since it constitutes an independently relevant
statement.
(C) No, since the police had the accused identified without
warning him of his rights.
(D) No, since the testimony is hearsay.
(90) In which of the following cases is the testimony in a case
involving a deceased barred by the Survivorship
Disqualification Rule or Dead Man Statute?
(A) Testimony against the heirs of the deceased defendant
who are substituted for the latter.
(B) The testimony of a mere witness who is neither a party to
the case nor is in privity with the latter.
(C) The testimony of an oppositor in a land registration case
filed by the decedents heirs.
(D) The testimony is offered to prove a claim less than what is
established under a written document signed by the decedent.
(91) The prosecution moved for the discharge of Romy as state
witness in a robbery case it filed against Zoilo, Amado, and
him. Romy testified, consistent with the sworn statement that
he gave the prosecution. After hearing Romy, the court denied
the motion for his discharge. How will denial affect Romy?
(A) His testimony shall remain on record.
(B) Romy will be prosecuted along with Zoilo and Amado.
(C) His liability, if any, will be mitigated.
(D) The court can convict him based on his testimony.
(92) In proceedings for the settlement of the estate of
deceased persons, the court in which the action is pending
may properly
(A) pass upon question of ownership of a real property in the
name of the deceased but claimed by a stranger.
(B) pass upon with the consent of all the heirs the issue of
ownership of estate asset, contested by an heir if no third
person is affected.
(C) rule on a claim by one of the heirs that an estate asset was
held in trust for him by the deceased.
(D) rescind a contract of lease entered into by the deceased
before death on the ground of contractual breach by the
lessee.
(93) Which of the following stipulations in a contract will
supersede the venue for actions that the rules of civil
procedure fix?
(A) In case of litigation arising from this contract of sale, the
preferred venue shall be in the proper courts of Makati.
(B) Should the real owner succeed in recovering his stolen car
from buyer X, the latter shall have recourse under this contract
to seller Y exclusively before the proper Cebu City court.
(C) Venue in case of dispute between the parties to this
contract shall solely be in the proper courts of Quezon City.
(D) Any dispute arising from this contract of sale may be filed in
Makati or Quezon City.
(94) Allan was riding a passenger jeepney driven by Ben that
collided with a car driven by Cesar, causing Allan injury. Not
knowing who was at fault, what is the best that Allan can do?
(A) File a tort action against Cesar.
(B) Await a judicial finding regarding who was at fault.
(C) Sue Ben for breach of contract of carriage.
(D) Sue both Ben and Cesar as alternative defendants.
(95) A surety company, which provided the bail bond for the
release of the accused, filed a motion to withdraw as surety on
the ground of the accuseds non-payment of the renewal
premium. Can the trial court grant the withdrawal?
(A) No, since the suretys undertaking is not annual but lasts up
to judgment.
(B) Yes, since surety companies would fold up otherwise.
(C) No, since the surety company technically takes the place of
the accused with respect to court attendance.

13
(D) Yes, since the accused has breached its agreement with
the surety company.
(96) To prove that Susan stabbed her husband Elmer, Rico
testified that he heard Leon running down the street, shouting
excitedly, "Sinasaksak daw ni Susan ang asawa niya! (I heard
that Susan is stabbing her husband!)" Is Leon's statement as
narrated by Rico admissible?
(A) No, since the startling event had passed.
(B) Yes, as part of the res gestae.
(C) No, since the excited statement is itself hearsay.
(D) Yes, as an independently relevant statement.
(97) Which of the following NOT TRUE regarding the doctrine
of judicial hierarchy?
(A) It derives from a specific and mandatory provision of
substantive law.
(B) The Supreme Court may disregard the doctrine in cases of
national interest and matters of serious implications.
(C) A higher court will not entertain direct recourse to it if
redress can be obtained in the appropriate courts.
(D) The reason for it is the need for higher courts to devote
more time to matters within their exclusive jurisdiction.
(98) Plaintiff Manny said in his complaint: "3. On March 1, 2001
defendant Letty borrowed P1 million from plaintiff Manny and
made a promise to pay the loan within six months." In her
answer, Letty alleged: "Defendant Letty specifically denies the
allegations in paragraph 3 of the complaint that she borrowed
P1 million from plaintiff Manny on March 1, 2001 and made a
promise to pay the loan within six months." Is Lettys denial
sufficient?
(A) Yes, since it constitutes specific denial of the loan.
(B) Yes, since it constitutes positive denial of the existence of
the loan.
(C) No, since it fails to set forth the matters defendant relied
upon in support of her denial.
(D) No, since she fails to set out in par. 2 of her answer her
special and affirmative defenses.
(99) When may an information be filed in court without the
preliminary investigation required in the particular case being
first conducted?
(A) Following an inquest, in cases of those lawfully arrested
without a warrant.
(B) When the accused, while under custodial investigation,
informs the arresting officers that he is waiving his right to
preliminary investigation.
(C) When the accused fails to challenge the validity of the
warrantless arrest at his arraignment.
(D) When the arresting officers take the suspect before the
judge who issues a detention order against him.
(100) In a civil action involving three separate causes of action,
the court rendered summary judgment on the first two causes
of action and tried the third. After the period to appeal from the
summary judgment expired, the court issued a writ of execution
to enforce the same. Is the writ of execution proper?
(A) No, being partial, the summary judgment is interlocutory
and any appeal from it still has to reckon with the final
judgment.
(B) Yes since, assuming the judgment was not appealable, the
defendant should have questioned it by special civil action of
certiorari.
(C) No, since the rules do not allow a partial summary
judgment.
(D) No, since special reason is required for execution pending
rendition of a final decision in the case.

Bar Examination Questionnaire for Criminal Law Set A
(1) Isabel, a housemaid, broke into a pawnshop intent on
stealing items of jewelry in it. She found, however, that the
jewelry were in a locked chest. Unable to open it, she took the
chest out of the shop. What crime did she commit?
(A) Robbery in an uninhabited place or in a private building
(B) Theft
(C) Robbery in an inhabited house or public building.
(D) Qualified theft
(2) The alternative circumstance of relationship shall NOT be
considered between
(A) mother-in-law and daughter-in-law.
(B) adopted son and legitimate natural daughter.
(C) aunt and nephew.
(D) stepfather and stepson.
(3) Arthur, Ben, and Cesar quarreled with Glen while they were
at the latters house. Enraged, Arthur repeatedly stabbed Glen
while Ben and Cesar pinned his arms. What aggravating
circumstance if any attended the killing of Glen?
(A) Evident premeditation.

14
(B) None.
(C) Abuse of superior strength.
(D) Treachery.
(4) The presence of a mitigating circumstance in a crime
(A) increases the penalty to its maximum period.
(B) changes the gravity of the offense.
(C) affects the imposable penalty, depending on other
modifying circumstances.
(D) automatically reduces the penalty.
(5) He is an accomplice who
(A) agreed to serve as a lookout after his companions decided
to murder the victim.
(B) watched quietly as the murderer stabbed his victim.
(C) helped the murderer find the victim who was hiding to avoid
detection.
(D) provided no help, when he can, to save the victim from
dying.
(6) Principles of public international law exempt certain
individuals from the Generality characteristic of criminal law.
Who among the following are NOT exempt from the Generality
rule?
(A) Ministers Resident
(B) Commercial Attache of a foreign country
(C) Ambassador
(D) Chiefs of Mission
(7) As a modifying circumstance, insanity
(A) is in the nature of confession and avoidance.
(B) may be presumed from the offenders previous behavior.
(C) may be mitigating if its presence becomes apparent
subsequent to the commission of the crime.
(D) exempts the offender from criminal liability whatever the
circumstances.
(8) Zeno and Primo asked Bert to give them a sketch of the
location of Andys house since they wanted to kill him. Bert
agreed and drew them the sketch. Zeno and Primo drove to
the place and killed Andy. What crime did Bert commit?
(A) Accomplice to murder, since his cooperation was minimal.
(B) Accessory to murder, since his map facilitated the escape
of the two.
(C) None, since he took no step to take part in executing the
crime.
(D) Principal to murder, since he acted in conspiracy with Zeno
and Primo.
(9) A police officer surreptitiously placed a marijuana stick in a
students pocket and then arrested him for possession of
marijuana cigarette. What crime can the police officer be
charged with?
(A) None, as it is a case of entrapment
(B) Unlawful arrest
(C) Incriminating an innocent person
(D) Complex crime of incriminating an innocent person with
unlawful arrest
(10) The police officer in civilian clothes asked X where he can
buy shabu. X responded by asking the officer how much of the
drug he needed. When he told him, X left, returned after a few
minutes with the shabu, gave it to the officer, and took his
money. X is
(A) liable for selling since the police operation was a valid
entrapment.
(B) not liable for selling since the police operation was an
invalid entrapment.
(C) liable for selling since the police operation was a valid form
of instigation.
(D) not liable since the police operation was an invalid
instigation.
(11) Plaintiff X said in his civil complaint for damages that
defendant Y, employing fraud, convinced him to buy a
defective vehicle. Y filed a criminal action for libel against X for
maliciously imputing fraud on him. Will the action prosper if it
turns out that the civil complaint for damages was baseless?
(A) No, since pleadings filed in court are absolutely privileged.
(B) No, since malice is not evident.
(C) Yes, given the fact that the imputation of fraud was
baseless.
(D) Yes, parties must state the truth in their pleadings.
(12) The maxim "Nullum crimen nula poena sine lege" means
that

15
(A) the act is criminal at the time of its commission and
recognized as such at the time of its commission but the
penalty therefor is prescribed in a subsequently enacted law.
(B) the act is criminal and punished under and pursuant to
common law.
(C) there is a crime for as long as the act is inherently evil.
(D) crime is a product of the law.
(13) X, a tabloid columnist, wrote an article describing Y, a
public official, as stupid, corrupt, and having amassed ill-gotten
wealth. X relied on a source from Y's own office who fed him
the information. Did X commit libel?
(A) Yes, since the article was libelous and inconsistent with
good faith and reasonable care.
(B) No, since X but made a fair commentary on a matter of
public interest.
(C) No, since Xs article constitutes privileged communication.
(D) No, since he wrote his article under the freedom enjoyed by
the press.
(14) The husband has for a long time physically and mentally
tortured his wife. After one episode of beating, the wife took the
husbands gun and shot him dead. Under the circumstances,
her act constitutes
(A) mitigating vindication of grave offense.
(B) battered woman syndrome, a complete self-defense.
(C) incomplete self-defense.
(D) mitigating passion and obfuscation.
(15) There is violation of Art. 316, RPC (Other forms of
Swindling) where
(A) the owner of property sells a property and subsequently
rescinds the sale.
(B) the real property subject of the sale does not exist.
(C) the property was mortgaged for a usurious contract of loan.
(D) the owner disposes of his encumbered real property as if it
is free from encumbrances.
(16) X, a police officer, placed a hood on the head of W, a
suspected drug pusher, and watched as Y and Z, police
trainees, beat up and tortured W to get his confession. X is
liable as
(A) as accomplice in violation of the Anti-Torture Act.
(B) a principal in violation of the Anti-Torture Act.
(C) a principal in violation of the Anti-Hazing Law.
(D) an accomplice in violation of the Anti-Hazing Law.
(17) Dr. Chow, a government doctor, failed to submit his Daily
Time Record (DTR) from January to March 2000 and did not
get approval of his sick leave application for April because of
evidence that he was actually moonlighting elsewhere. Thus,
the medical Director caused the withholding of his salary for
the periods in question until he submitted his DTRs in May
2000. Can Dr. Chow prosecute the medical director for causing
him undue injury in violation of the Anti-Graft and Corrupt
Practices Act?
(A) Yes, since the medical Director acted with evident bad
faith.
(B) No, since the medical director has full discretion in
releasing the salary of government doctors.
(C) Yes, since his salary was withheld without prior hearing.
(D) No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
(18) When a penal law is absolutely repealed such that the
offense is decriminalized, a pending case charging the
accused of the repealed crime is to be
(A) prosecuted still since the charge was valid when filed.
(B) dismissed without any precondition.
(C) dismissed provided the accused is not a habitual
delinquent.
(D) prosecuted still since the offended party has a vested
interest in the repealed law.
(19) In malversation of public funds, the offenders return of the
amount malversed has the following effect
(A) It is exculpatory.
(B) It is inculpatory, an admission of the commission of the
crime.
(C) The imposable penalty will depend on what was not
returned.
(D) It is mitigating.
(20) The exchanges of highly offensive words between two
quarrelling women in the presence of a crowd of people
constitute
(A) one count of grave slander against the woman who uttered
the more insulting expressions.

16
(B) grave slander against the woman who started it and light
slander against the other woman.
(C) two separate counts of light slander, one for each woman.
(D) two separate counts of grave slander, one against each of
them.
(21) Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner is liable
for
(A) occupation or usurpation of personal property.
(B) civil damages only.
(C) theft.
(D) other deceits.
(22) A crime resulting from negligence, reckless imprudence,
lack of foresight or lack of skill is called
(A) dolo.
(B) culpa.
(C) tortious crimes.
(D) quasi delict.
(23) To mitigate his liability for inflicting physical injury to
another, an accused with a physical defect must prove that
such defect restricted his freedom of action and understanding.
This proof is not required where the physical defect consists of
(A) a severed right hand.
(B) complete blindness.
(C) being deaf mute and dumb.
(D) a severed leg.
(24) An extenuating circumstance, which has the same effect
as a mitigating circumstance, is exemplified by
(A) the mother killing her 2-day old child to conceal her
dishonor.
(B) the accused committing theft out of extreme poverty.
(C) the accused raping his victim in extreme state of passion.
(D) the accused surrendering the weapon he used in his crime
to the authorities.
(25) Three men gave Arnold fist blows and kicks causing him
to fall. As they surrounded and continued hitting him, he
grabbed a knife he had in his pocket and stabbed one of the
men straight to the heart. What crime did Arnold commit?
(A) Homicide with incomplete self-defense, since he could
have run from his aggressors.
(B) Homicide, since he knew that stabbing a person in the
heart is fatal.
(C) Homicide mitigated by incomplete self-defense, since
stabbing a person to the heart is excessive.
(D) No crime, since he needed to repel the aggression,
employing reasonable means for doing so.
(26) A, B, and C agreed to rob a house of its cash. A and B
entered the house while C remained outside as lookout. After
getting the cash, A and B decided to set the house on fire to
destroy any evidence of their presence. What crime or crimes
did C commit?
(A) Robbery and arson since arson took place as an incident of
the robbery.
(B) Robbery and arson since C took no step to stop the arson.
(C) Just for robbery since he only agreed to it and served as
lookout.
(D) Accomplice to robbery since his role in the crime was
minimal.
(27) X, a court employee, wrote the presiding judge a letter,
imputing to Y, also a court employee, the act of receiving an
expensive gift from one of the parties in a pending case.
Because of this, Y accused X of libel. Does Y need to prove
the element of malice in the case?
(A) No, since malice is self-evident in the letter.
(B) Yes, malice is not presumed since X wrote the letter to the
presiding judge who has a duty to act on what it states.
(C) No, since malice is presumed with respect to defamatory
imputations.
(D) Yes, since malice is not presumed in libel.
(28) X killed B, mistakenly believing that she was his wife, upon
surprising her having sex with another man in a motel room.
What is the criminal liability of X?
(A) None since he killed her under exceptional circumstances.
(B) None since he acted under a mistake of fact.
(C) Parricide.
(D) Homicide.
(29) X draws a check upon request of Y, the payee, who told X
that he would merely show the check to his creditor to gain

17
more time to pay his account. The check bounced upon
presentation by the creditor. Under the circumstances, who can
be prosecuted for estafa based on the dishonored check?
(A) Y as the one who negotiated the check contrary to the
agreement
(B) X as the drawer of the check
(C) Both X and Y based on conspiracy
(D) None
(30) Ana visited her daughter Belen who worked as Caloys
housemaid. Caloy was not at home but Debbie, a casual visitor
in the house, verbally maligned Belen in Anas presence. Irked,
Ana assaulted Debbie. Under the circumstances, dwelling is
NOT regarded as aggravating because
(A) Dwelling did nothing to provoke Ana into assaulting Debbie.
(B) Caloy, the owner of the house, was not present.
(C) Debbie is not a dweller of the house.
(D) Belen, whom Debbie maligned, also dwells in the house.
(31) It is a matter of judicial knowledge that certain individuals
will kill others or commit serious offenses for no reason at all.
For this reason,
(A) lack of motive can result in conviction where the crime and
the accused's part in it are shown.
(B) motive is material only where there is no evidence of
criminal intent.
(C) lack of motive precludes conviction.
(D) the motive of an offender is absolutely immaterial.
(32) Minority is a privileged mitigating circumstance which
operates to reduce the penalty by a degree where the child is
(A) 15 years and below acting without discernment.
(B) above 15 years but below 18 acting without discernment.
(C) below 18 years acting with discernment.
(D) 18 years old at the time of the commission of the crime
acting with discernment.
(33) The crime of robbery in an inhabited house or public
building is mitigated when the offenders
(A) entered the house using false keys.
(B) although armed did not fire their weapons.
(C) entered through a window without breaking it.
(D) although armed took property valued at only P200.
(34) A private person who assists the escape of a person who
committed robbery shall be liable
(A) as a principal to the crime of robbery.
(B) as an accessory to the crime of robbery.
(C) as a principal to the crime of obstruction of justice.
(D) as an accessory to the crime of obstruction of justice.
(35) Which among the following circumstances do NOT qualify
the crime of kidnapping?
(A) The victim is killed as a consequence of the detention.
(B) The offender is a public officer.
(C) Ransom is demanded.
(D) The victim is raped.
(36) Removing, concealing or destroying documents to defraud
another constitutes the crime of estafa if committed by
(A) any public officer.
(B) a public officer officially entrusted with the document.
(C) private individuals who executed the same.
(D) private individuals.
(37) Dagami concealed Bugnas body and the fact that he
killed him by setting Bugnas house on fire. What crime or
crimes did Dagami commit?
(A) Murder, the arson being absorbed already
(B) Separate crimes of murder and arson
(C) Arson, the homicide being absorbed already
(D) Arson with murder as a compound crime
(38) Sam wrote a letter to his friends stating that Judge Odon
loves obscene magazines and keeps these in his desk.
Charged with libel, can Sam present proof that Judge Odon
indeed loves obscene magazines and keeps these in his desk?
(A) No, since the imputation is not related to the duties of a
judge.
(B) No, since Sam does not impute a crime to Judge Odon.

18
(C) No, since Sam imputes the commission of a crime to Judge
Odon.
(D) Yes, since truth can be a valid defense in libel.
(39) X, without intent to kill, aimed his gun at Z and fired it,
hitting the latter who died as a consequence. Under the
circumstances
(A) X cannot plead praetor intentionem since the intent to kill is
presumed from the killing of the victim.
(B) X may plead praetor intentionem since he intended only to
scare, not kill Z.
(C) X may plead aberratio ictus as he had no intention to hit Z.
(D) X may plead commission of only Discharge of Firearm as
he had no intent to kill Z when he fired his gun.
(40) Which of the following statements constitute Inciting to
Sedition?
(A) Utterance of statements irritating or obnoxious to the ears
of the police officers.
(B) Speeches extolling communism and urging the people to
hold a national strike and paralyze commerce and trade.
(C) Leaders of jeepney and bus associations shouting "Bukas
tuloy ang welga hanggang sa magkagulo na!"
(D) Speeches calling for resignation of high government
officials.
(41) Culpa can either be a crime by itself or a mode of
committing a crime. Culpa is a crime by itself in
(A) reckless imprudence resulting in murder.
(B) medical malpractice.
(C) serious physical Injuries thru reckless imprudence.
(D) complex crime of reckless imprudence resulting in serious
physical injuries.
(42) The mitigating circumstance of immediate vindication of a
grave offense cannot be appreciated in a case where
(A) Following the killing of his adopted brother, P went to the
place where it happened and killed S whom he found there.
(B) X kills Y who attempted to rape Xs wife.
(C) P severely maltreats S, a septuagenarian, prompting the
latter to kill him.
(D) M killed R who slandered his wife.
(43) To save himself from crashing into an unlighted truck
abandoned on the road, Jose swerved his car to the right
towards the graveled shoulder, killing two bystanders. Is he
entitled to the justifying circumstance of state of necessity?
(A) No, because the bystanders had nothing to do with the
abandoned truck on the road.
(B) No, because the injury done is greater than the evil to be
avoided.
(C) Yes, since the instinct of self-preservation takes priority in
an emergency.
(D) Yes, since the bystanders should have kept off the
shoulder of the road.
(44) The accused was shocked to discover his wife and their
driver sleeping in the masters bedroom. Outraged, the
accused got his gun and killed both. Can the accused claim
that he killed the two under exceptional circumstances?
(A) No, since the accused had time to reflect when he got his
gun.
(B) No, since the accused did not catch them while having
sexual intercourse.
(C) Yes, since the wife and their driver desecrated the marital
bed.
(D) Yes, since the scene shows that they had an intimate
relationship.
(45) The three accused forcibly took their victim from his car
but the latter succeeded in freeing himself from their grip. What
crime did the three accused commit?
(A) forcible abduction.
(B) frustrated kidnapping.
(C) attempted kidnapping.
(D) grave coercion.
(46) Deeply enraged by his wifes infidelity, the husband shot
and killed her lover. The husband subsequently surrendered to
the police. How will the court appreciate the mitigating
circumstances of (i) passion or obfuscation, (ii) vindication of a
grave offense, and (iii) voluntary surrender that the husband
invoked and proved?
(A) It will appreciate passion or obfuscation and voluntary
surrender as one mitigating circumstance and vindication of a
grave offense as another.
(B) It will appreciate all three mitigating circumstances
separately.
(C) It will appreciate the three mitigating circumstances only as

19
one.
(D) It will appreciate passion or obfuscation and vindication of a
grave offense as just one mitigating circumstance and
voluntary surrender as another.
(47) The aggravating circumstance of uninhabited place is
aggravating in murder committed
(A) on a banca far out at sea.
(B) in a house located in cul de sac.
(C) in a dark alley in Tondo.
(D) in a partly occupied condominium building.
(48) The penalty of perpetual or temporary special
disqualification for the exercise of the right of suffrage does
NOT deprive the offender of the right
(A) to be elected to a public office.
(B) to vote in any popular election for a public office.
(C) to vote in a plebiscite.
(D) to hold any public office.
(49) Without meaning anything, Z happened to stare into the
eye of one of four men hanging out by a store which he
passed. Taking offense, the four mauled and robbed him of his
wages. Z went home, took a knife, and stabbed one of his
attackers to death. Charged with murder, Z may raise the
mitigating circumstance of
(A) praeter intentionem.
(B) incomplete self-defense preceded by undue provocation.
(C) passion or obfuscation.
(D) complete self-defense.
(50) A public officer who immediately returns the bribe money
handed over to him commits
(A) no crime.
(B) attempted bribery.
(C) consummated bribery.
(D) frustrated bribery.
(51) Direct bribery is a crime involving moral turpitude. From
which of the following elements of direct bribery can moral
turpitude be inferred?
(A) The offender receives a gift by himself or through another.
(B) The offender is a public officer.
(C) The offender takes a gift with a view to committing a crime
in exchange.
(D) The act which the offender agrees to perform or which he
executes is connected with his official duties.
(52) Insuperable cause is an exempting circumstance which
may be applied to
(A) robbery.
(B) misprision of treason.
(C) homicide.
(D) rebellion.
(53) Which of the following crimes is an exception to the
Territoriality Rule in Criminal law?
(A) Violation of the Trademark Law committed by an alien in
the Philippines.
(B) Forgery of US bank notes committed in the Philippines.
(C) Crime committed by a Filipino in the disputed Spratly's
Island.
(D) Plunder committed at his place of assignment abroad by a
Philippine public officer.
(54) X, Y and Z agreed among themselves to attack and kill A,
a police officer, but they left their home-made guns in their
vehicle before approaching him. What crime have they
committed?
(A) Conspiracy to commit indirect assault.
(B) Attempted direct assault.
(C) Conspiracy to commit direct assault.
(D) Illegal possession of firearms.
(55) On hearing a hospital ward patient on the next bed,
shrieking in pain and begging to die, Mona shut off the oxygen
that was sustaining the patient, resulting in his death. What
crime if any did Mona commit?
(A) Homicide.
(B) Murder if she deliberated on her action.
(C) Giving Assistance to Suicide.
(D) Euthanasia.
(56) When committed outside the Philippine territory, our courts

20
DO NOT have jurisdiction over the crime of
(A) treason.
(B) piracy.
(C) espionage.
(D) rebellion.
(57) Motive is generally IMMATERIAL in determining criminal
liability EXCEPT when
(A) several offenders committed the crime but the court wants
to ascertain which of them acted as leader.
(B) the evidence of the crime consists of both direct and
circumstantial evidence.
(C) ascertaining the degree of penalty that may be imposed on
the offender.
(D) the evidence of guilt of the accused is circumstantial.
(58) Which of the following circumstances of dishonor of a
check can be a basis for prosecution under the bouncing
checks law?
(A) The check was returned unpaid with stamp "stop payment,"
although the drawers deposit was sufficient.
(B) The check, drawn and issued in the Philippines, was
dishonored by the drawee bank in a foreign country.
(C) The check was presented to the bank for payment 6
months after the date of issue.
(D) The drawer of the dishonored check paid its value within 5
days from notice of dishonor.
(59) X and his step-father have a long-standing enmity. One
day, irked by an argument with his step-father, X smashed the
windshield of his step-fathers brand new Audi sports car. X is
liable for
(A) malicious mischief.
(B) malicious mischief with the alternative mitigating
circumstance of relationship.
(C) malicious mischief with the alternative aggravating
circumstance of relationship.
(D) RIGHT ANSWER the civil damage he caused.
(60) The classification of felonies into grave, less grave, and
light is important in ascertaining
(A) if certain crimes committed on the same occasion can be
complexed.
(B) the correct penalty for crimes committed through reckless
imprudence.
(C) whether the offender is liable as an accomplice.
(D) what stage of the felony has been reached.
(61) A child in conflict with the law shall enjoy all the rights of a
child until
(A) he is found to have acted with discernment.
(B) his minority is setoff by some aggravating circumstance.
(C) he is proved to be 18 years or older.
(D) he forfeits such rights by gross misconduct and immorality.
(62) Mr. P owns a boarding house where he knowingly allowed
children to be videotaped while simulating explicit sexual
activities. What is Mr. P's criminal liability, if any?
(A) Corruption of minors under the Penal Code
(B) Violation of the Child Pornography Act
(C) Violation of the Child Abuse Law
(D) None
(63) W allowed a man to have sex with her thinking that he was
her husband. After realizing that the man was not her husband,
W stabbed him to death. Under the circumstances, the
mitigating circumstance in attendance constitutes
(A) defense of honor.
(B) immediate vindication of a grave offense.
(C) passion or obfuscation.
(D) self-defense.
(64) The prescriptive period for bigamy is 15 years counted
from the date of the
(A) discovery of the second marriage by the offended spouse.
(B) registration of the second marriage in the Local Civil
Registry.
(C) celebration or solemnization of the second marriage.
(D) discovery of the second marriage by the authorities.
(65) After properly waiving his Miranda rights, the offender led
the police to where he buried the gun he used in shooting the
victim. How does this affect his liability?

21
(A) This serves as an analogous mitigating circumstance of
voluntary surrender.
(B) It has no effect at all since the law provides none.
(C) He is considered to have confessed to murder.
(D) This serves as aggravating circumstance of concealment of
weapon.
(66) A qualifying aggravating circumstance
(A) changes the description and the nature of the offense.
(B) increases the penalty to its next degree but absorbs all the
other aggravating circumstances.
(C) raises the penalty by two periods higher.
(D) is one which applies only in conjunction with another
aggravating circumstance.
(67) X inflicted serious injuries on Y. Because of delay in
providing medical treatment to Y, he died. Is X criminally liable
for the death of Y?
(A) Yes because the delay did not break the causal connection
between X's felonious act and the injuries sustained by Y.
(B) Yes because any intervening cause between the infliction
of injury and death is immaterial.
(C) No because the infliction of injury was not the immediate
cause of the death.
(D) No because the delay in the administration of the medical
treatment was an intervening cause.
(68) In an attempted felony, the offenders preparatory act
(A) itself constitutes an offense.
(B) must seem connected to the intended crime.
(C) must not be connected to the intended crime.
(D) requires another act to result in a felony.
(69) X inflicted violent kicks on vital parts of E's body. E
nevertheless was able to flee for fear of his life. Refusing to
undergo treatment for his injuries, E died 3 days later. Is X
liable for Es death?
(A) No, since kicks on the body cannot cause death.
(B) No, since it took too long for death to occur.
(C) Yes, since E cannot be compelled to undergo medical
treatment.
(D) Yes, since it was a natural result of the injuries X inflicted
on E.
(70) 003-1137-0001 A criminal action for rape is extinguished
when the offender is forgiven by
(A) RIGHT ANSWER the offenders wife who herself is the
rape victim.
(B) his wife for having raped another woman.
(C) the rape victims husband.
(D) the rape victim herself.
(71) A battered woman claiming self-defense under the Anti-
Violence against Women and Children must prove that the final
acute battering episode was preceded by
(A) 3 battering episodes.
(B) 4 battering episodes.
(C) 5 battering episodes.
(D) 2 battering episodes.
(72) A special complex crime is a composite crime
(A) made up of 2 or more crimes defined in the Penal Code.
(B) with its own definition and special penalty provided by the
Penal Code.
(C) with its own definition and special penalty provided by a
special penal law.
(D) made up of 2 or more crimes defined in the Penal Code
and special penal laws.
(73) What court has jurisdiction when an Indonesian crew
murders the Filipino captain on board a vessel of Russian
registry while the vessel is anchored outside the breakwaters
of the Manila bay?
(A) The Indonesian court.
(B) The Russian court.
(C) The Philippine court.
(D) Any court that first asserts jurisdiction over the case.
(74) X, intending to kill Y, a store owner, fired at Y from the
street, but the shot killed not only Y but also Z who was in the
store. As a case of aberratio ictus, it is punishable as a
(A) complex crime proper.
(B) special complex crime.

22
(C) continuing crime.
(D) compound crime.
(75) A proposal to commit a felony is punishable only when the
law specifically provides a penalty for it as in the case of
proposal to commit
(A) rebellion.
(B) sedition.
(C) espionage.
(D) highway robbery.
Bar Examination Questionnaire for Commercial Law Set
A
(1) P rode a Sentinel Liner bus going to Baguio from Manila. At
a stop-over in Tarlac, the bus driver, the conductor, and the
passengers disembarked for lunch. P decided, however, to
remain in the bus, the door of which was not locked. At this
point, V, a vendor, sneaked into the bus and offered P some
refreshments. When P rudely declined, V attacked him,
resulting in P suffering from bruises and contusions. Does he
have cause to sue Sentinel Liner?
(A) Yes, since the carrier's crew did nothing to protect a
passenger who remained in the bus during the stop-over.
(B) No, since the carrier's crew could not have foreseen the
attack.
(C) Yes, since the bus is liable for anything that goes wrong in
the course of a trip.
(D) No, since the attack on P took place when the bus was at a
stop-over.
(2) A cargo ship of X Shipping, Co. ran aground off the coast of
Cebu during a storm and lost all its cargo amounting to Php50
Million. The ship itself suffered damages estimated at Php80
Million. The cargo owners filed a suit against X Shipping but it
invoked the doctrine of limited liability since its vessel suffered
an Php80 Million damage, more than the collective value of all
lost cargo. Is X Shipping correct?
(A) Yes, since under that doctrine, the value of the lost cargo
and the damage to the ship can be set-off.
(B) No, since each cargo owner has a separate and individual
claim for damages.
(C) Yes, since the extent of the ships damage was greater
than that of the value of the lost cargo.
(D) No, since X Shipping neither incurred a total loss nor
abandoned its ship.
(3) A writes a promissory note in favor of his creditor, B. It
says: "Subject to my option, I promise to pay B Php1 Million or
his order or give Php1 Million worth of cement or to authorize
him to sell my house worth Php1 Million. Signed, A." Is the
note negotiable?
(A) No, because the exercise of the option to pay lies with A,
the maker and debtor.
(B) No, because it authorizes the sale of collateral securities in
case the note is not paid at maturity.
(C) Yes, because the note is really payable to B or his order,
the other provisions being merely optional.
(D) Yes, because an election to require something to be done
in lieu of payment of money does not affect negotiability.
(4) ABC Corp. increased its capital stocks from Php10 Million
to Php15 Million and, in the process, issued 1,000 new shares
divided into Common Shares "B" and Common Shares "C." T,
a stockholder owning 500 shares, insists on buying the newly
issued shares through a right of pre-emption. The company
claims, however, that its By-laws deny T any right of pre-
emption. Is the corporation correct?
(A) No, since the By-Laws cannot deny a shareholder his right
of pre-emption.
(B) Yes, but the denial of his pre-emptive right extends only to
500 shares.
(C) Yes, since the denial of the right under the By-laws is
binding on T.
(D) No, since pre-emptive rights are governed by the articles of
incorporation.
(5) M makes a promissory note that states: "I, M, promise to
pay Php5,000.00 to B or bearer. Signed, M." M negotiated the
note by delivery to B, B to N, and N to O. B had known that M
was bankrupt when M issued the note. Who would be liable to
O?
(A) M and N since they may be assumed to know of M's
bankruptcy
(B) N, being O's immediate negotiator of a bearer note
(C) B, M, and N, being indorsers by delivery of a bearer note
(D) B, having known of M's bankruptcy
(6) S delivered 10 boxes of cellphones to Trek Bus Liner, for
transport from Manila to Ilocos Sur on the following day, for
which S paid the freightage. Meanwhile, the boxes were stored
in the bus liners bodega. That night, however, a robber broke
into the bodega and stole Ss boxes. S sues Trek Bus Liner for
contractual breach but the latter argues that S has no cause of
action based on such breach since the loss occurred while the
goods awaited transport. Who is correct?
(A) The bus liner since the goods were not lost while being

23
transported.
(B) S since the goods were unconditionally placed with T for
transportation.
(C) S since the freightage for the goods had been paid.
(D) The bus liner since the loss was due to a fortuitous event.
(7) X Corp. operates a call center that received orders for
pizzas on behalf of Y Corp. which operates a chain of pizza
restaurants. The two companies have the same set of
corporate officers. After 2 years, X Corp. dismissed its call
agents for no apparent reason. The agents filed a collective
suit for illegal dismissal against both X Corp. and Y Corp.
based on the doctrine of piercing the veil of corporate fiction.
The latter set up the defense that the agents are in the employ
of X Corp. which is a separate juridical entity. Is this defense
appropriate?
(A) No, since the doctrine would apply, the two companies
having the same set of corporate officers.
(B) No, the real employer is Y Corp., the pizza company, with X
Corp. serving as an arm for receiving its outside orders for
pizzas.
(C) Yes, it is not shown that one company completely
dominates the finances, policies, and business practices of the
other.
(D) Yes, since the two companies perform two distinct
businesses.
(8) A negotiable instrument can be indorsed by way of a
restrictive indorsement, which prohibits further negotiation and
constitutes the indorsee as agent of the indorser. As agent, the
indorsee has the right, among others, to
(A) demand payment of the instrument only.
(B) notify the drawer of the payment of the instrument.
(C) receive payment of the instrument.
(D) instruct that payment be made to the drawee.
(9) Under the Negotiable Instruments Law, a signature by
procuration operates as a notice that the agent has but a
limited authority to sign. Thus, a person who takes a bill that is
drawn, accepted, or indorsed by procuration is duty-bound to
inquire into the extent of the agent's authority by:
(A) examining the agents special power of attorney.
(B) examining the bill to determine the extent of such authority.
(C) asking the agent about the extent of such authority.
(D) asking the principal about the extent of such authority.
(10) Under the Negotiable Instruments Law, if the holder has a
lien on the instrument which arises either from a contract or by
implication of law, he would be a holder for value to the extent
of
(A) his successor's interest.
(B) his predecessor's interest.
(C) the lien in his favor.
(D) the amount indicated on the instrument's face.
(11) The liability of a common carrier for the goods it transports
begins from the time of
(A) conditional receipt.
(B) constructive receipt.
(C) actual receipt.
(D) either actual or constructive receipt.
(12) On Xs failure to pay his loan to ABC Bank, the latter
foreclosed the Real Estate Mortgage he executed in its favor.
The auction sale was set for Dec. 1, 2010 with the notices of
sale published as the law required. The sale was, however,
cancelled when Dec. 1, 2010 was declared a holiday and re-
scheduled to Jan. 10, 2011 without republication of notice. The
auction sale then proceeded on the new date. Under the
circumstances, the auction sale is
(A) rescissible.
(B) unenforceable.
(C) void.
(D) voidable.
(13) X executed a promissory note with a face value of
Php50,000.00, payable to the order of Y. Y indorsed the note
to Z, to whom Y owed Php30,000.00. If X has no defense at all
against Y, for how much may Z collect from X?
(A) Php20,000.00, as he is a holder for value to the extent of
the difference between Y's debt and the value of the note.
(B) Php30,000.00, as he is a holder for value to the extent of
his lien.
(C) Php50,000.00, but with the obligation to hold Php20,000.00
for Y's benefit.
(D) None, as Z's remedy is to run after his debtor, Y.
(14) Under the Anti-Money Laundering Law, a covered
institution is required to maintain a system of verifying the true
identity of their clients as well as persons purporting to act on
behalf of

24
(A) those doing business with such clients.
(B) unknown principals.
(C) the covered institution.
(D) such clients.
(15) It is settled that neither par value nor book value is an
accurate indicator of the fair value of a share of stock of a
corporation. As to unpaid subscriptions to its shares of stock,
as they are regarded as corporate assets, they should be
included in the
(A) capital value.
(B) book value.
(C) par value.
(D) market value.
(16) P sold to M 10 grams of shabu worth Php5,000.00. As he
had no money at the time of the sale, M wrote a promissory
note promising to pay P or his order Php5,000. P then indorsed
the note to X (who did not know about the shabu), and X to Y.
Unable to collect from P, Y then sued X on the note. X set up
the defense of illegality of consideration. Is he correct?
(A) No, since X, being a subsequent indorser, warrants that the
note is valid and subsisting.
(B) No, since X, a general indorser, warrants that the note is
valid and subsisting.
(C) Yes, since a void contract does not give rise to any right.
(D) Yes, since the note was born of an illegal consideration
which is a real defense.
(17) In a contract of carriage, the common carrier is liable for
the injury or death of a passenger resulting from its employees
fault although the latter acted beyond the scope of his
authority. This is based on the
(A) rule that the carrier has an implied duty to transport the
passenger safely.
(B) rule that the carrier has an express duty to transport the
passenger safely
(C) Doctrine of Respondeat Superior.
(D) rule in culpa aquiliana.
(18) A holder in due course holds the instrument free from any
defect of title of prior parties and free from defenses available
to prior parties among themselves. An example of such a
defense is -
(A) fraud in inducement.
(B) duress amounting to forgery.
(C) fraud in esse contractus.
(D) alteration.
(19) In elections for the Board of Trustees of non-stock
corporations, members may cast as many votes as there are
trustees to be elected but may not cast more than one vote for
one candidate. This is true -
(A) unless set aside by the members in plenary session.
(B) in every case even if the Board of Trustees resolves
otherwise.
(C) unless otherwise provided in the Articles of Incorporation or
in the By-laws.
(D) in every case even if the majority of the members decide
otherwise during the elections.
(20) The rule is that the valuation of the shares of a stockholder
who exercises his appraisal rights is determined as of the day
prior to the date on which the vote was taken. This is true -
(A) regardless of any depreciation or appreciation in the
share's fair value.
(B) regardless of any appreciation in the share's fair value.
(C) regardless of any depreciation in the share's fair value.
(D) only if there is no appreciation or depreciation in the
share's fair value.
(21) T Shipping, Co. insured all of its vessels with R Insurance,
Co. The insurance policies stated that the insurer shall answer
for all damages due to perils of the sea. One of the insured's
ship, the MV Dona Priscilla, ran aground in the Panama Canal
when its engine pipes leaked and the oil seeped into the cargo
compartment. The leakage was caused by the extensive
mileage that the ship had accumulated. May the insurer be
made to answer for the damage to the cargo and the ship?
(A) Yes, because the insurance policy covered any or all
damage arising from perils of the sea.
(B) Yes, since there appears to have been no fault on the part
of the shipowner and shipcaptain.
(C) No, since the proximate cause of the damage was the
breach of warranty of seaworthiness of the ship.
(D) No, since the proximate cause of the damage was due to
ordinary usage of the ship, and thus not due to a peril of the
sea.
(22) X has been a long-time household helper of Z. X's
husband, Y, has also been Z's long-time driver. May Z insure
the lives of both X and Y with Z as beneficiary?

25
(A) Yes, since X and Y render services to Z.
(B) No, since X and Y have no pecuniary interest on the life of
Z arising from their employment with him.
(C) No, since Z has no pecuniary interest in the lives of X and
Y arising from their employment with him.
(D) Yes, since X and Y are Zs employees.
(23) X, Co., a partnership, is composed of A (capitalist partner),
B (capitalist partner) and C (industrial partner). If you were
partner A, who between B and C would you have an insurable
interest on, such that you may then insure him?
(A) No one, as there is merely a partnership contract among A,
B and C.
(B) Both B and C, as they are your partners.
(C) Only C, as he is an industrial partner.
(D) Only B, as he is a capitalist partner.
(24) X is the holder of an instrument payable to him (X) or his
order, with Y as maker. X then indorsed it as follows: "Subject
to no recourse, pay to Z. Signed, X." When Z went to collect
from Y, it turned out that Y's signature was forged. Z now sues
X for collection. Will it prosper?
(A) Yes, because X, as a conditional indorser, warrants that the
note is genuine.
(B) Yes, because X, as a qualified indorser, warrants that the
note is genuine.
(C) No, because X made a qualified indorsement.
(D) No, because a qualified indorsement does not include the
warranty of genuineness.
(25) A bill of exchange has T for its drawee, U as drawer, and
F as holder. When F went to T for presentment, F learned that
T is only 15 years old. F wants to recover from U but the latter
insists that a notice of dishonor must first be made, the
instrument being a bill of exchange. Is he correct?
(A) Yes, since a notice of dishonor is essential to charging the
drawer.
(B) No, since T can waive the requirement of notice of
dishonor.
(C) No, since F can treat U as maker due to the minority of T,
the drawee.
(D) Yes, since in a bill of exchange, notice of dishonor is at all
times required.
(26) An insured, who gains knowledge of a material fact
already after the effectivity of the insurance policy, is not
obliged to divulge it. The reason for this is that the test of
concealment of material fact is determined
(A) at the time of the issuance of the policy.
(B) at any time before the payment of premium.
(C) at the time of the payment of the premium.
(D) at any time before the policy becomes effective.
(27) T, the captain of MV Don Alan, while asleep in his cabin,
dreamt of an Intensity 8 earthquake along the path of his ship.
On waking up, he immediately ordered the ship to return to
port. True enough, the earthquake and tsunami struck three
days later and his ship was saved. Was the deviation proper?
(A) Yes, because the deviation was made in good faith and on
a reasonable ground for believing that it was necessary to
avoid a peril.
(B) No, because no reasonable ground for avoiding a peril
existed at the time of the deviation.
(C) No, because T relied merely on his supposed gift of
prophecy.
(D) Yes, because the deviation took place based on a
reasonable belief of the captain.
(28) X, drawee of a bill of exchange, wrote the words:
"Accepted, with promise to make payment within two days.
Signed, X." The drawer questioned the acceptance as invalid.
Is the acceptance valid?
(A) Yes, because the acceptance is in reality a clear assent to
the order of the drawer to pay.
(B) Yes, because the form of the acceptance is really
immaterial.
(C) No, because the acceptance must be a clear assent to the
order of the drawer to pay.
(D) No, because the document must not express that the
drawee will perform his promise within two days.
(29) X came up with a new way of presenting a telephone
directory in a mobile phone, which he dubbed as the "iTel" and
which uses lesser time for locating names and telephone
numbers. May X have his "iTel" copyrighted in his name?
(A) No, because it is a mere system or method.
(B) Yes, because it is an original creation.
(C) Yes, because it entailed the application of X's intellect.
(D) No, because it did not entail any application of X's intellect.
(30) D, debtor of C, wrote a promissory note payable to the

26
order of C. C's brother, M, misrepresenting himself as Cs
agent, obtained the note from D, then negotiated it to N after
forging C's signature. N indorsed it to E, who indorsed it to F, a
holder in due course. May F recover from E?
(A) No, since the forgery of C's signature results in the
discharge of E.
(B) Yes, since only the forged signature is inoperative and E is
bound as indorser.
(C) No, since the signature of C, the payee, was forged.
(D) Yes, since the signature of C is immaterial, he being the
payee.
(31) A material alteration of an instrument without the assent of
all parties liable thereon results in its avoidance, EXCEPT
against a
(A) prior indorsee.
(B) subsequent acceptor.
(C) subsequent indorser.
(D) prior acceptor.
(32) X constituted a chattel mortgage on a car (valued at Php1
Million pesos) to secure a P500,000.00 loan. For the mortgage
to be valid, X should have
(A) the right to mortgage the car to the extent of half its value.
(B) ownership of the car.
(C) unqualified free disposal of his car.
(D) registered the car in his name.
(33) B borrowed Php1 million from L and offered to him his
BMW car worth Php1 Million as collateral. B then executed a
promissory note that reads: "I, B, promise to pay L or bearer
the amount of Php1 Million and to keep my BMW car (loan
collateral) free from any other encumbrance. Signed, B." Is this
note negotiable?
(A) Yes, since it is payable to bearer.
(B) Yes, since it contains an unconditional promise to pay a
sum certain in money.
(C) No, since the promise to just pay a sum of money is
unclear.
(D) No, since it contains a promise to do an act in addition to
the payment of money.
(34) A bank can be placed under receivership when, if allowed
to continue in business, its depositors or creditors would incur
(A) probable losses
(B) inevitable losses
(C) possible losses
(D) a slight chance of losses
(35) EFG Foundation, Inc., a non-profit organization, scheduled
an election for its six-member Board of Trustees. X, Y and Z,
who are minority members of the foundation, wish to exercise
cumulative voting in order to protect their interest, although the
Foundation's Articles and By-laws are silent on the matter. As
to each of the three, what is the maximum number of votes that
he/she can cast?
(A) 6
(B) 9
(C) 12
(D) 3
(36) If the drawer and the drawee are the same person, the
holder may present the instrument for payment without need of
a previous presentment for acceptance. In such a case, the
holder treats it as a
(A) non-negotiable instrument.
(B) promissory note.
(C) letter of credit.
(D) check.
(37) D draws a bill of exchange that states: "One month from
date, pay to B or his order Php100,000.00. Signed, D." The
drawee named in the bill is E. B negotiated the bill to M, M to
N, N to O, and O to P. Due to non-acceptance and after
proceedings for dishonor were made, P asked O to pay, which
O did. From whom may O recover?
(A) B, being the payee
(B) N, as indorser to O
(C) E, being the drawee
(D) D, being the drawer
(38) T, an associate attorney in XYZ Law Office, wrote a
newspaper publisher a letter disputing a columnists claim
about an incident in the attorneys family. T used the law firms
letterhead and its computer in preparing the letter. T also
requested the firms messenger to deliver the letter to the
publisher. Who owns the copyright to the letter?
(A) T, since he is the original creator of the contents of the
letter.

27
(B) Both T and the publisher, one wrote the letter to the other
who has possession of it.
(C) The law office since T was an employee and he wrote it on
the firms letterhead.
(D) The publisher to whom the letter was sent.
(39) E received goods from T for display and sale in E's store.
E was to turn over to T the proceeds of any sale and return the
ones unsold. To document their agreement, E executed a trust
receipt in Ts favor covering the goods. When E failed to turn
over the proceeds from his sale of the goods or return the ones
unsold despite demand, he was charged in court for estafa. E
moved to dismiss on the ground that his liability is only civil. Is
he correct?
(A) No, since he committed fraud when he promised to pay for
the goods and did not.
(B) No, since his breach of the trust receipt agreement subjects
him to both civil and criminal liability for estafa.
(C) Yes, since E cannot be charged with estafa over goods
covered a trust receipt.
(D) Yes, since it was merely a consignment sale and the buyer
could not pay.
(40) The authorized alteration of a warehouse receipt which
does not change its tenor renders the warehouseman liable
according to the terms of the receipt
(A) in its original tenor if the alteration is material.
(B) in its original tenor.
(C) as altered if there is fraud.
(D) as altered.
(41) Any agreement binding upon the holder to extend the time
of payment or to postpone the holder's right to enforce the
instrument results in the discharge of the party secondarily
liable unless made with the latter's consent. This agreement
refers to one which the holder made with the
(A) principal debtor.
(B) principal creditor.
(C) secondary creditor.
(D) secondary debtor.
(42) Upon execution of a trust receipt over goods, the party
who is obliged to release such goods and who retains security
interest on those goods, is called the
(A) holder.
(B) shipper.
(C) entrustee.
(D) entrustor.
(43) X, warehouseman, sent a text message to Y, to whom X
had issued a warehouse receipt for Y's 500 sacks of corn,
notifying him of the due date and time to settle the storage
fees. The message stated also that if Y does not settle the
warehouse charges within 10 days, he will advertise the goods
for sale at a public auction. When Y ignored the demand, X
sold 100 sacks of corn at a public auction. For Xs failure to
comply with the statutory requirement of written notice to
satisfy his lien, the sale of the 100 sacks of corn is
(A) voidable.
(B) rescissible.
(C) unenforceable.
(D) void.
(44) On June 1, 2011, X mailed to Y Insurance, Co. his
application for life insurance, with payment for 5 years of
premium enclosed in it. On July 21, 2011, the insurance
company accepted the application and mailed, on the same
day, its acceptance plus the cover note. It reached X's
residence on August 11, 2011. But, as it happened, on August
4, 2011, X figured in a car accident. He died a day later. May
X's heirs recover on the insurance policy?
(A) Yes, since under the Cognition Theory, the insurance
contract was perfected upon acceptance by the insurer of X's
application.
(B) No, since there is no privity of contract between the insurer
and Xs heirs.
(C) No, since X had no knowledge of the insurer's acceptance
of his application before he died.
(D) Yes, since under the Manifestation Theory, the insurance
contract was perfected upon acceptance of the insurer of X's
application.
(45) A bill of exchange has D as drawer, E as drawee and F as
payee. The bill was then indorsed to G, G to H, and H to I. I,
the current holder presented the bill to E for acceptance. E
accepted but, as it later turned out, D is a fictitious person. Is E
freed from liability?
(A) No, since by accepting, E admits the existence of the
drawer.
(B) No, since by accepting, E warrants that he is solvent.
(C) Yes, if E was not aware of that fact at the time of
acceptance.
(D) Yes, since a bill of exchange with a fictitious drawer is void

28
and inexistent.
(46) Due to his debt to C, D wrote a promissory note which is
payable to the order of C. C's brother, M, misrepresenting
himself as agent of C, obtained the note from D. M then
negotiated the note to N after forging the signature of C. May N
enforce the note against D?
(A) Yes, since D is the principal debtor.
(B) No, since the signature of C was forged.
(C) No, since it is C who can enforce it, the note being payable
to the order of C.
(D) Yes, since D, as maker, is primarily liable on the note.
(47) T Corp. has a corporate term of 20 years under its Articles
of Incorporation or from June 1, 1980 to June 1, 2000. On June
1, 1991 it amended its Articles of Incorporation to extend its life
by 15 years from June 1, 1980 to June 1, 2015. The SEC
approved this amendment. On June 1, 2011, however, T Corp
decided to shorten its term by 1 year or until June 1, 2014.
Both the 1991 and 2011 amendments were approved by
majority vote of its Board of Directors and ratified in a special
meeting by its stockholders representing at least 2/3 of its
outstanding capital stock. The SEC, however, disapproved the
2011 amendment on the ground that it cannot be made earlier
than 5 years prior to the expiration date of the corporate term,
which is June 1, 2014. Is this SEC disapproval correct?
(A) No, since the 5-year rule on amendment of corporate term
applies only to extension, not to shortening, of term.
(B) Yes, any amendment affecting corporate term cannot be
made earlier than 5 years prior to the corporations expiration
date.
(C) No, since a corporation can in fact have a corporate life of
50 years.
(D) Yes, the amendment to shorten corporate term cannot be
made earlier than 5 years prior to the corporations expiration
date.
(48) B, while drunk, accepted a passenger in his taxicab. B
then drove the taxi recklessly, and inevitably, it crashed into an
electric post, resulting in serious physical injuries to the
passengers. The latter then filed a suit for tort against B's
operator, A, but A raised the defense of having exercised
extraordinary diligence in the safety of the passenger. Is his
defense tenable?
(A) Yes, as a common carrier can rebut the presumption of
negligence by raising such a defense.
(B) No, as in tort actions, the proper defense is due diligence in
the selection and supervision of the employee by the employer.
(C) No, as B, the common carrier's employee, was obviously
negligent due to his intoxication.
(D) Yes, as a common carrier can invoke extraordinary
diligence in the safety of passengers in tort cases.
(49)X is a director in T Corp. who was elected to a 1-year term
on Feb. 1, 2010. On April 11, 2010, X resigned and was
replaced by R, who assumed as director on May 17, 2010. On
Nov. 21, 2010, R died. S was then elected in his place. Until
which time should S serve as director?
(A) April 11, 2011.
(B) Feb. 1, 2011.
(C) May 17, 2011.
(D) Nov. 21, 2011.
(50) M, the maker, issued a promissory note to P, the payee
which states: "I, M, promise to pay P or order the amount of
Php1 Million. Signed, M." P negotiated the note by
indorsement to N, then N to O also by indorsement, and O to
Q, again by indorsement. But before O indorsed the note to Q,
O's wife wrote the figure "2" on the note after "Php1" without
O's knowledge, making it appear that the note is for Php12
Million. For how much is O liable to Q?
(A) Php1 Million since it is the original tenor of the note.
(B) Php1 Million since he warrants that the note is genuine and
in all respects what it purports to be.
(C) Php12 Million since he warrants his solvency and that he
has a good title to the note.
(D) Php12 Million since he warrants that the note is genuine
and in all respects what it purports to be.
(51) X Corp., whose business purpose is to manufacture and
sell vehicles, invested its funds in Y Corp., an investment firm,
through a resolution of its Board of Directors. The investment
grew tremendously on account of Y Corp.'s excellent business
judgment. But a minority stockholder in X Corp. assails the
investment as ultra vires. Is he right and, if so, what is the
status of the investment?
(A) Yes, it is an ultra vires act of the corporation itself but
voidable only, subject to stockholders ratification.
(B) Yes, it is an ultra vires act of its Board of Directors and thus
void.
(C) Yes, it is an ultra vires act of its Board of Directors but
voidable only, subject to stockholders ratification.
(D) Yes, it is an ultra vires act of the corporation itself and,
consequently, void.
(52) Notice of dishonor is not required to be made in all cases.
One instance where such notice is not necessary is when the
indorser is the one to whom the instrument is suppose to be
presented for payment. The rationale here is that the indorser

29
(A) already knows of the dishonor and it makes no sense to
notify him of it.
(B) is bound to make the acceptance in all cases.
(C) has no reason to expect the dishonor of the instrument.
(D) must be made to account for all his actions.
(53) "Eagleson Refillers, Co.," a firm that sells water to the
public, opposes the trade name application of "Eagleson
Laundry, Co.," on the ground that such trade name tends to
deceive trade circles or confuse the public with respect to the
water firms registered trade name. Will the opposition
prosper?
(A) Yes, since such use is likely to deceive or confuse the
public.
(B) Yes, since both companies use water in conducting their
business.
(C) No, since the companies are not engaged in the same line
of business.
(D) No, since the root word "Eagle" is a generic name not
subject to registration.
(54) For a constructive total loss to exist in marine insurance, it
is required that the person insured relinquish his interest in the
thing insured. This relinquishment must be
(A) actual.
(B) constructive first and if it fails, then actual.
(C) either actual or constructive.
(D) constructive.
(55) The Corporation Code sanctions a contract between two
or more corporations which have interlocking directors,
provided there is no fraud that attends it and it is fair and
reasonable under the circumstances. The interest of an
interlocking director in one corporation may be either
substantial or nominal. It is nominal if his interest:
(A) does not exceed 25% of the outstanding capital stock.
(B) exceeds 25% of the outstanding capital stock.
(C) exceeds 20% of the outstanding capital stock.
(D) does not exceed 20% of the outstanding capital stock.
(56) X, an amateur astronomer, stumbled upon what appeared
to be a massive volcanic eruption in Jupiter while peering at
the planet through his telescope. The following week, X,
without notes, presented a lecture on his findings before the
Association of Astronomers of the Philippines. To his dismay,
he later read an article in a science journal written by Y, a
professional astronomer, repeating exactly what X discovered
without any attribution to him. Has Y infringed on X's copyright,
if any?
(A) No, since X did not reduce his lecture in writing or other
material form.
(B) Yes, since the lecture is considered Xs original work.
(C) No, since no protection extends to any discovery, even if
expressed, explained, illustrated, or embodied in a work.
(D) Yes, since Ys article failed to make any attribution to X.
(57) In case of disagreement between the corporation and a
withdrawing stockholder who exercises his appraisal right
regarding the fair value of his shares, a three-member group
shall by majority vote resolve the issue with finality. May the
wife of the withdrawing stockholder be named to the
threemember group?
(A) No, the wife of the withdrawing shareholder is not a
disinterested person.
(B) Yes, since she could best protect her husband's
shareholdings.
(C) Yes, since the rules do not discriminate against wives.
(D) No, since the stockholder himself should sit in the three-
member group.
(58) Apart from economic rights, the author of a copyright also
has moral rights which he may transfer by way of assignment.
The term of these moral rights shall last
(A) during the author's lifetime and for 50 years after his death.
(B) forever.
(C) 50 years from the time the author created his work.
(D) during the author's lifetime.
(59) Which of the following indorsers expressly warrants in
negotiating an instrument that 1) it is genuine and true; 2) he
has a good title to it; 3) all prior parties have capacity to
negotiate; and 4) it is valid and subsisting at the time of his
indorsement?
(A) The irregular indorser.
(B) The regular indorser.
(C) The general indorser.
(D) The qualified indorser.
(60) Where the insurer was made to pay the insured for a loss
covered by the insurance contract, such insurer can run after
the third person who caused the loss through subrogation.

30
What is the basis for conferring the right of subrogation to the
insurer?
(A) Their express stipulation in the contract of insurance.
(B) The equitable assignment that results from the insurers
payment of the insured.
(C) The insureds formal assignment of his right to
indemnification to the insurer.
(D) The insureds endorsement of its claim to the insurer.
(61) X invented a device which, through the use of noise, can
recharge a cellphone battery. He applied for and was granted a
patent on his device, effective within the Philippines. As it turns
out, a year before the grant of X's patent, Y, also an inventor,
invented a similar device which he used in his cellphone
business in Manila. But X files an injunctive suit against Y to
stop him from using the device on the ground of patent
infringement. Will the suit prosper?
(A) No, since the correct remedy for X is a civil action for
damages.
(B) No, since Y is a prior user in good faith.
(C) Yes, since X is the first to register his device for patent
registration.
(D) Yes, since Y unwittingly used Xs patented invention.
(62) P, a sales girl in a flower shop at the Ayala Station of the
Metro Rail Transit (MRT) bought two tokens or tickets, one for
her ride to work and another for her ride home. She got to her
flower shop where she usually worked from 8 a.m. to 5 p.m. At
about 3 p.m., while P was attending to her duties at the flower
shop, two crews of the MRT got into a fight near the flower
shop, causing injuries to P in the process. Can P sue the MRT
for contractual breach as she was within the MRT premises
where she would shortly take her ride home?
(A) No, since the incident took place, not in an MRT train
coach, but at the MRT station.
(B) No, since P had no intention to board an MRT train coach
when the incident occured.
(C) Yes, since she already had a ticket for her ride home and
was in the MRTs premises at the time of the incident.
(D) Yes, since she bought a round trip ticket and MRT had a
duty while she was at its station to keep her safe for her return
trip.
(63) Forgery of bills of exchange may be subdivided into, a)
forgery of an indorsement on the bill and b) forgery of the
drawer's signature, which may either be with acceptance by
the drawee, or
(A) with acceptance but the bill is paid by the drawee.
(B) without acceptance but the bill is paid by the drawer.
(C) without acceptance but the bill is paid by the drawee.
(D) with acceptance but the bill is paid by the drawer.
(64) If an insurance policy prohibits additional insurance on the
property insured without the insurer's consent, such provision
being valid and reasonable, a violation by the insured
(A) reduces the value of the policy.
(B) avoids the policy.
(C) offsets the value of the policy with the additional
insurancess value.
(D) forfeits premiums already paid.
(65) X found a check on the street, drawn by Y against ABC
Bank, with Z as payee. X forged Z's signature as an indorser,
then indorsed it personally and delivered it to DEF Bank. The
latter, in turn, indorsed it to ABC Bank which charged it to the
Ys account. Y later sued ABC Bank but it set up the forgery as
its defense. Will it prosper?
(A) No, since the payee's signature has been forged.
(B) No, since Ys remedy is to run after the forger, X.
(C) Yes, since forgery is only a personal defense.
(D) Yes, since ABC Bank is bound to know the signature of Y,
its client.
(66) The rule is that no stock dividend shall be issued without
the approval of stockholders representing at least 2/3 of the
outstanding capital stock at a regular or special meeting called
for the purpose. As to other forms of dividends:
(A) a mere majority of the entire Board of Directors applies.
(B) a mere majority of the quorum of the Board of Directors
applies.
(C) a mere majority of the votes of stockholders representing
the outstanding capital stock applies.
(D) the same rule of 2/3 votes applies.
(67) X, at Ys request, executed a Real Estate Mortgage (REM)
on his (Xs) land to secure Y's loan from Z. Z successfully
foreclosed the REM when Y defaulted on the loan but half of
Y's obligation remained unpaid. May Z sue X to enforce his
right to the deficiency?
(A) Yes, but solidarily with Y.
(B) Yes, since Xs is deemed to warrant that his land would
cover the whole obligation.

31
(C) No, since it is the buyer at the auction sale who should
answer for the deficiency.
(D) No, because X is not Zs debtor.
(68) May a publicly listed universal bank own 100% of the
voting stocks in another universal bank and in a commercial
bank?
(A) Yes, if with the permission of the Bangko Sentral ng
Pilipinas.
(B) No, since it has no power to invest in equities.
(C) Yes, as there is no prohibition on it.
(D) No, since under the law, the 100% ownership on voting
stocks must be in either bank only.
(69) Perils of the ship, under marine insurance law, refer to
loss which in the ordinary course of events results from
(A) natural and inevitable actions of the sea.
(B) natural and ordinary actions of the sea.
(C) unnatural and inevitable actions of the sea.
(D) unnatural and ordinary actions of the sea.
(70) Under the Intellectual Property Code, lectures, sermons,
addresses or dissertations prepared for oral delivery, whether
or not reduced in writing or other material forms, are regarded
as
(A) non-original works.
(B) original works.
(C) derivative works.
(D) not subject to protection.
(71) Can a drawee who accepts a materially altered check
recover from the holder and the drawer?
(A) No, he cannot recover from either of them.
(B) Yes from both of them.
(C) Yes but only from the drawer.
(D) Yes but only from the holder.
(72) The rule is that the intentional cancellation of a person
secondarily liable results in the discharge of the latter. With
respect to an indorser, the holder's right to cancel his signature
is:
(A) without limitation.
(B) not limited to the case where the indorsement is necessary
to his title.
(C) limited to the case where the indorsement is not necessary
to his title.
(D) limited to the case where the indorsement is necessary to
his title.
(73) X, in the hospital for kidney dysfunction, was about to be
discharged when he met his friend Y. X told Y the reason for
his hospitalization. A month later, X applied for an insurance
covering serious illnesses from ABC Insurance, Co., where Y
was working as Corporate Secretary. Since X had already told
Y about his hospitalization, he no longer answered a question
regarding it in the application form. Would this constitute
concealment?
(A) Yes, since the previous hospitalization would influence the
insurer in deciding whether to grant X's application.
(B) No, since Y may be regarded as ABCs agent and he
already knew of Xs previous hospitalization.
(C) Yes, it would constitute concealment that amounts to
misrepresentation on X's part.
(D) No, since the previous illness is not a material fact to the
insurance coverage.
(74) Several American doctors wanted to set up a group clinic
in the Philippines so they could render modern medical
services. If the clinic is to be incorporated under our laws, what
is the required foreign equity participation in such a
corporation?
(A) 40%
(B) 0%
(C) 60%
(D) 70%
(75) X executed a promissory note in favor of Y by way of
accommodation. It says: "Pay to Y or order the amount of
Php50,000.00. Signed, X." Y then indorsed the note to Z, and
Z to T. When T sought collection from Y, the latter countered
as indorser that there should have been a presentment first to
the maker who dishonors it. Is Y correct?
(A) No, since Y is the real debtor and thus, there is no need for
presentment for payment and dishonor by the maker.
(B) Yes, since as an indorser who is secondarily liable, there
must first be presentment for payment and dishonor by the
maker.
(C) No, since the absolute rule is that there is no need for
presentment for payment and dishonor to hold an indorser
liable.

32
(D) Yes, since the secondary liability of Y and Z would only
arise after presentment for payment and dishonor by the
maker.
(76) The Board of Directors of XYZ Corp. unanimously passed
a Resolution approving the taking of steps that in reality
amounted to willful tax evasion. On discovering this, the
government filed tax evasion charges against all the
companys members of the board of directors. The directors
invoked the defense that they have no personal liability, being
mere directors of a fictional being. Are they correct?
(A) No, since as a rule only natural persons like the members
of the board of directors can commit corporate crimes.
(B) Yes, since it is the corporation that did not pay the tax and
it has a personality distinct from its directors.
(C) Yes, since the directors officially and collectively performed
acts that are imputable only to the corporation.
(D) No, since the law makes directors of the corporation
solidarily liable for gross negligence and bad faith in the
discharge of their duties.
(77) T is the registered trademark owner of "CROCOS" which
he uses on his ready-to-wear clothes. Banking on the
popularity of T's trade mark, B came up with his own
"CROCOS" mark, which he then used for his "CROCOS"
burgers. T now sues B for trademark infringement but B argues
that his product is a burger, hence, there is no infringement. Is
B correct?
(A) No, since the owner of a well-known mark registered in the
Philippines has rights that extends even to dissimilar kinds of
goods.
(B) Yes, since the right of the owner of a well-known mark
registered in the Philippines does not extend to goods which
are not of the same kind.
(C) Yes, as B was in bad faith in coming up with his own
"CROCOS" mark.
(D) No, since unlike T, he did not register his own "CROCOS"
mark for his product.
(78) A, the proprietor of a fleet of ten taxicabs, decides to
adopt, as his business name, "A Transport Co., Inc." May this
be allowed?
(A) No, it would be deceptive since he is a proprietor, not a
corporation.
(B) No, since "A" is a generic name, not suitable for
registration.
(C) Yes, since his line of business is public transportation.
(D) Yes, since such name would give his business a corporate
identity.
(79) T delivers two refrigerators to the warehouse of W who
then issues a negotiable receipt undertaking the delivery of the
refrigerators to "T or bearer." T entrusted the receipt to B for
safekeeping only. B negotiated it, however, to F who bought it
in good faith and for value. Who is entitled to the delivery of the
refrigerators?
(A) T, since he is the real owner of the refrigerators.
(B) F, since he is a purchaser in good faith and for value.
(C) B, since T entrusted the receipt to him.
(D) W, since he has as a warehouseman a lien on the goods.
(80) The Articles of Incorporation must be accompanied by a
Treasurer's Affidavit certifying under oath, among others, that
the total subscription paid is:
(A) not less than P25,000.00.
(B) not more than P5,000.00.
(C) RIGHT ANSWER not less than P5,000.00.
(D) not more than P25,000.00.
(81) In a special meeting called for the purpose, 2/3 of the
stockholders representing the outstanding capital stock in X.
Co. authorized the company's Board of Directors to amend its
By-laws. By majority vote, the Board then approved the
amendment. Is this amendment valid?
(A) No since the stockholders cannot delegate their right to
amend the By-laws to the Board.
(B) Yes since the majority votes in the Board was sufficient to
amend the By-laws.
(C) No, because the voting in the Board should have been by
majority of a quorum.
(D) Yes since the votes of 2/3 of the stockholders and majority
of the Board were secured.
(82) A group of Malaysians wanted to invest in the Philippines
insurance business. After negotiations, they agreed to organize
"FIMA Insurance Corp." with a group of Filipino businessmen.
FIMA would have a PhP50 Million paid up capital, PhP40
Million of which would come from the Filipino group. All
corporate officers would be Filipinos and 8 out of its 10-
member Board of Directors would be Filipinos. Can FIMA
operate an insurance business in the Philippines?
(A) No, since an insurance company must have at least PhP75
Million paid-up capital.
(B) Yes, since there is substantial compliance with our
nationalization laws respecting paid-up capital and Filipino
dominated Board of Directors.

33
(C) Yes, since FIMAs paid up capital more than meets the
countrys nationalization laws.
(D) No, since an insurance company should be 100% owned
by Filipinos.
(83) Under the Public Service Act, an administrative agency
has the power to approve provisionally the rates of public
utilities without a hearing in case of urgent public needs. The
exercise of this power is
(A) supervisory.
(B) absolute.
(C) discretionary.
(D) mandatory.
(84) X, creditor of Y, obtained a judgment in his favor in
connection with Y's unpaid loan to him. The court's sheriff then
levied on the goods that Y stored in T's warehouse, for which
the latter issued a warehouse receipt. A month before the levy,
however, Z bought the warehouse receipt for value. Who has a
better right over the goods?
(A) T, being the warehouseman with a lien on the goods
(B) Z, being a purchaser for value of the warehouse receipt
(C) X, being Ys judgment creditor
(D) Y, being the owner of the goods
(85) A promissory note states, on its face: "I, X, promise to pay
Y the amount of Php 5,000.00 five days after completion of the
on-going construction of my house. Signed, X." Is the note
negotiable?
(A) Yes, since it is payable at a fixed period after the
occurrence of a specified event.
(B) No, since it is payable at a fixed period after the occurrence
of an event which may not happen.
(C) Yes, since it is payable at a fixed period or determinable
future time.
(D) No, since it should be payable at a fixed period before the
occurrence of a specified event.
(86) P sold to M a pair of gecko (tuko) for Php50,000.00. M
then issued a promissory note to P promising to pay the money
within 90 days. Unknown to P and M, a law was passed a
month before the sale that prohibits and declares void any
agreement to sell gecko in the country. If X acquired the note in
good faith and for value, may he enforce payment on it?
(A) No, since the law declared void the contract on which the
promissory note was founded.
(B) No, since it was not X who bought the gecko.
(C) Yes, since he is a holder in due course of a note which is
distinct from the sale of gecko.
(D) Yes, since he is a holder in due course and P and M were
not aware of the law that prohibited the sale of gecko.
(87) P authorized A to sign a bill of exchange in his (Ps) name.
The bill reads: "Pay to B or order the sum of Php1 million.
Signed, A (for and in behalf of P)." The bill was drawn on P. B
indorsed the bill to C, C to D, and D to E. May E treat the bill as
a promissory note?
(A) No, because the instrument is payable to order and has
been indorsed several times.
(B) Yes, because the drawer and drawee are one and the
same person.
(C) No, because the instrument is a bill of exchange.
(D) Yes, because A was only an agent of P.
(88) Z wrote out an instrument that states: "Pay to X the
amount of Php1 Million for collection only. Signed, Z." X
indorsed it to his creditor, Y, to whom he owed Php1 million. Y
now wants to collect and satisfy X's debt through the Php1
million on the check. May he validly do so?
(A) Yes, since the indorsement to Y is for Php1 Million.
(B) No, since Z is not a party to the loan between X and Y.
(C) No, since X is merely an agent of Z, his only right being to
collect.
(D) Yes, since X owed Y Php1 Million.
(89) X Shipping, Co., insured its vessel MV Don Teodoro for
Php100 Million with ABC Insurance, Co. through T, an agent of
X Shipping. During a voyage, the vessel accidentally caught
fire and suffered damages estimated at Php80 Million. T
personally informed ABC Insurance that X Shipping was
abandoning the ship. Later, ABC insurance denied X
Shippings claim for loss on the ground that a notice of
abandonment through its agent was improper. Is ABC
Insurance right?
(A) Yes, since X Shipping should have ratified its agents
action.
(B) No, since T, as agent of X Shipping who procured the
insurance, can also give notice of abandonment for his
principal.
(C) Yes, since only the agent of X Shipping relayed the fact of
abandonment.
(D) No, since in the first place, the damage was more than of
the ship's value.

34
(90) A law was passed disqualifying former members of
Congress from sitting in the Board of Directors of government-
owned or controlled corporations. Because of this, the Board of
Directors of ABC Corp., a government-owned and controlled
corporation, disqualified C, a former Congressman, from
continuing to sit as one of its members. C objected, however,
insisting that under the Corporation Code members of the
board of directors of corporations may only be removed by vote
of stockholders holding 2/3 of its outstanding capital stock in a
regular or special meeting called for that purpose. Is C correct?
(A) Yes, since the new law cannot be applied to members of
the board of directors already elected prior to its passage.
(B) No, since the disqualification takes effect by operation of
law, it is sufficient that he was declared no longer a member of
the board.
(C) Yes, since the provisions of the Corporation Code applies
as well to government-owned and controlled corporations.
(D) No, since the board has the power to oust him even without
the new law.
(91) 002-38-0001 G, a grocery goods supplier, sold 100 sacks
of rice to H who promised to pay once he has sold all the rice.
H meantime delivered the goods to W, a warehouseman, who
issued a warehouse receipt. Without the knowledge of G and
W, H negotiated the receipt to P who acquired it in good faith
and for value. P then claimed the goods from W, who released
them. After the rice was loaded on a ship bound for Manila, G
invokes his right to stop the goods in transit due to his unpaid
lien. Who has a better right to the rice?
(A) RIGHT ANSWER P, since he has superior rights as a
purchaser for value and in good faith.
(B) P, regardless of whether or not he is a purchaser for value
and in good faith.
(C) G, since as an unpaid seller, he has the right of stoppage in
transitu.
(D) W, since it appears that the warehouse charges have not
been paid.
(92) In a signature by procuration, the principal is bound only in
case the agent acted within the actual limits of his authority.
The signature of the agent in such a case operates as notice
that he has
(A) a qualified authority to sign.
(B) a limited authority to sign.
(C) a special authority to sign.
(D) full authority to sign.
(93) In return for the 20 years of faithful service of X as a
househelper to Y, the latter promised to pay Php100,000.00 to
Xs heirs if he (X) dies in an accident by fire. X agreed. Is this
an insurance contract?
(A) Yes, since all the elements of an insurance contract are
present.
(B) Yes, since X services may be regarded as the
consideration.
(C) No, since Y actually made a conditional donation in Xs
favor.
(D) No, since it is in fact an innominate contract between X and
Y.
(94) A bill of exchange states on its face: "One (1) month after
sight, pay to the order of Mr. R the amount of Php50,000.00,
chargeable to the account of Mr. S. Signed, Mr. T." Mr. S, the
drawee, accepted the bill upon presentment by writing on it the
words "I shall pay Php30,000.00 three (3) months after sight."
May he accept under such terms, which varies the command in
the bill of exchange?
(A) Yes, since a drawee accepts according to the tenor of his
acceptance.
(B) No, since, once he accepts, a drawee is liable according to
the tenor of the bill.
(C) Yes, provided the drawer and payee agree to the
acceptance.
(D) No, since he is bound as drawee to accept the bill
according to its tenor.
(95) May the indorsee of a promissory note indorsed to him "for
deposit" file a suit against the indorser?
(A) Yes, as long as the indorser received value for the
restrictive indorsement.
(B) Yes, as long as the indorser received value for the
conditional indorsement.
(C) Yes, whether or not the indorser received value for the
conditional indorsement.
(D) Yes, whether or not the indorser received value for the
restrictive indorsement.
(96) X issued a check in favor of his creditor, Y. It reads: " Pay
to Y the amount of Seven Thousand Hundred Pesos
(Php700,000.00). Signed, X". What amount should be
construed as true in such a case?
(A) Php700,000.00.
(B) Php700.00.
(C) Php7,000.00.
(D) Php700,100.00.

35
(97) Shipowner X, in applying for a marine insurance policy
from ABC, Co., stated that his vessel usually sails middle of
August and with normally 100 tons of cargo. It turned out later
that the vessel departed on the first week of September and
with only 10 tons of cargo. Will this avoid the policy that was
issued?
(A) Yes, because there was breach of implied warranty.
(B) No, because there was no intent to breach an implied
warranty.
(C) Yes, because it relates to a material representation.
(D) No, because there was only representation of intention.
(98) The Articles of Incorporation of ABC Transport Co., a
public utility, provides for ten (10) members in its Board of
Directors. What is the prescribed minimum number of Filipino
citizens in its Board?
(A) 10
(B) 6
(C) 7
(D) 5
(99) P authorized A to sign a negotiable instrument in his (Ps)
name. It reads: "Pay to B or order the sum of Php1 million.
Signed, A (for and in behalf of P)." The instrument shows that it
was drawn on P. B then indorsed to C, C to D, and D to E. E
then treated it as a bill of exchange. Is presentment for
acceptance necessary in this case?
(A) No, since the drawer and drawee are the same person.
(B) No, since the bill is non-negotiable, the drawer and drawee
being the same person.
(C) Yes, since the bill is payable to order, presentment is
required for acceptance.
(D) Yes, in order to hold all persons liable on the bill.
(100) The corporate term of a stock corporation is that which is
stated in its Articles of Incorporation. It may be extended or
shortened by an amendment of the Articles when approved by
majority of its Board of Directors and:
(A) approved and ratified by at least 2/3 of all stockholders.
(B) approved by at least 2/3 of the stockholders representing
the outstanding capital stock.
(C) ratified by at least 2/3 of all stockholders.
(D) ratified by at least 2/3 of the stockholders representing the
outstanding capital stock.

Bar Examination Questionnaire for Civil Law Set A
(1)When does a declaration of absence of a missing person
take effect?
(A) Immediately from the issuance of the declaration of
absence.
(B) 3 months after the publication of the declaration of
absence.
(C) 6 months after the publication of the declaration of
absence.
(D) 15 days from the issuance of the declaration of absence.
(2) The authority that school administrators exercise over
school children under their supervision, instruction, or custody
is called
(A) legal parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(3) Can future inheritance be the subject of a contract of sale?
(A) No, since it will put the predecessor at the risk of harm from
a tempted buyer, contrary to public policy.
(B) Yes, since the death of the decedent is certain to occur.
(C) No, since the seller owns no inheritance while his
predecessor lives.
(D) Yes, but on the condition that the amount of the inheritance
can only be ascertained after the obligations of the estate have
been paid.
(4) Upon the proposal of a third person, a new debtor
substituted the original debtor without the latters consent. The
creditor accepted the substitution. Later, however, the new
debtor became insolvent and defaulted in his obligation. What
is the effect of the new debtors default upon the original
debtor?
(A) The original debtor is freed of liability since novation took
place and this relieved him of his obligation.
(B) The original debtor shall pay or perform the obligation with
recourse to the new debtor.
(C) The original debtor remains liable since he gave no
consent to the substitution.
(D) The original debtor shall pay or perform 50% of the
obligation to avoid unjust enrichment on his part.

36
(5) Lennie bought a business class ticket from Alta Airlines. As
she checked in, the manager downgraded her to economy on
the ground that a Congressman had to be accommodated in
the business class. Lennie suffered the discomfort and
embarrassment of the downgrade. She sued the airlines for
quasi-delict but Alta Airlines countered that, since her travel
was governed by a contract between them, no quasi-delict
could arise. Is the airline correct?
(A) No, the breach of contract may in fact be tortious as when it
is tainted as in this case with arbitrariness, gross bad faith, and
malice.
(B) No, denying Lennie the comfort and amenities of the
business class as provided in the ticket is a tortious act.
(C) Yes, since the facts show a breach of contract, not a quasi-
delict.
(D) Yes, since quasi-delict presupposes the absence of a pre-
existing contractual relation between the parties.
(6) Which of the following is an indispensable requirement in
an action for "quieting of title" involving real property? The
plaintiff must
(A) be in actual possession of the property.
(B) be the registered owner of the property.
(C) have legal or equitable title to the property.
(D) be the beneficial owner of the property.
(7) X and Y were to marry in 3 months. Meantime, to express
his affection, X donated a house and lot to Y, which donation X
wrote in a letter to Y. Y wrote back, accepting the donation and
took possession of the property. Before the wedding, however,
Y suddenly died of heart attack. Can Ys heirs get the
property?
(A) No, since the marriage did not take place.
(B) Yes, since all the requisites of a donation of an immovable
are present.
(C) No, since the donation and its acceptance are not in a
public instrument.
(D) Yes, since X freely donated the property to Y who became
its owner.
(8) Rene and Lily got married after a brief courtship. After one
month, Lily discovered that while Rene presented himself as a
macho man he was actually gay. He would not go to bed with
her. He kept obscene magazines of nude men and always
sought the company of handsome boys. What legal remedy
does Lily have?
(A) She can file an action for annulment of marriage on ground
of fraud.
(B) She can seek a declaration of nullity of the marriage based
on Renes psychological incapacity.
(C) She can go abroad and file for divorce in a country that can
grant it.
(D) She has none since she had the opportunity to examine the
goods and freely entered into the marriage.
(9) Lucio executed a simple deed of donation of P50 million on
time deposit with a bank in favor of A, B, C, D, and E, without
indicating the share of each donee. All the donees accepted
the donation in writing. A, one of the donees, died. Will B, C, D,
and E get As share in the money?
(A) Yes, accretion will automatically apply to the joint-donees in
equal shares.
(B) Yes, since the donors intention is to give the whole of P50
million to the jointdonees in equal shares.
(C) No, A"s share will revert to the donor because accretion
applies only if the joint-donees are spouses.
(D) No, As share goes to his heirs since the donation did not
provide for reversion to donor.
(10) Raul, Ester, and Rufus inherited a 10-hectare land from
their father. Before the land could be partitioned, however,
Raul sold his hereditary right to Raffy, a stranger to the family,
for P5 million. Do Ester and Rufus have a remedy for keeping
the land within their family?
(A) Yes, they may be subrogated to Raffys right by
reimbursing to him within the required time what he paid Raul.
(B) Yes, they may be subrogated to Raffys right provided they
buy him out before he registers the sale.
(C) No, they can be subrogated to Raffys right only with his
conformity.
(D) No, since there was no impediment to Raul selling his
inheritance to a stranger.
(11) When one exercises a right recognized by law, knowing
that he thereby causes an injustice to another, the latter is
entitled to recover damages. This is known as the principle of
(A) res ipsa loquitur.
(B) damnum absque injuria.
(C) vicarious liability.
(D) abuse of rights.
(12) Which of the following is NOT a basis for rendering a
disinheritance defective or imperfect?
(A) Its cause comes from the guilt of a spouse in a legal

37
separation case, the innocent-spouse having died.
(B) The truth of its cause is denied and not sufficiently proved
by evidence.
(C) Its cause is not authorized by the law.
(D) Its cause is not specified.
(13) Manuel came to Manila and married Marianne. Unknown
to Marianne, Manuel had been previously convicted in Palawan
of theft and served time for it. After Marianne learned of his
previous conviction, she stopped living with him. Can Marianne
seek the annulment of the marriage based on Manuels
nondisclosure of his previous crime?
(A) No, since the assumption is that marriage forgives all past
wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent
of fraud, which is a ground for annulment.
(C) No, in case of doubt, the law must be construed to
preserve the institution of marriage.
(D) No, since Manuel already served the penalty for his crime.
(14) Arthur and Helen, both Filipinos, got married and had 2
children. Arthur later worked in Rome where he acquired Italian
citizenship. He got a divorce from Helen in Rome but, on
returning to the Philippines, he realized his mistake, asked
forgiveness of his wife, and resumed living with her. They had
2 more children. What is the status of their 4 children?
(A) The children born before the divorce are legitimate but
those born after it are not since Arthur got the divorce when he
had ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it
since the marriage that begot them had been nullified.
(C) The children born before and after the divorce are all
legitimate since Philippine law does not recognize divorce.
(D) All the children are legitimate since they were born of the
same father and mother.
(15) Who can make a donation?
(A) All persons who can enter into contracts and dispose of
their property.
(B) All persons who are of legal age and suffer from no civil
interdiction.
(C) All persons who can make a last will and testament.
(D) All persons, whether natural or artificial, who own property.
(16) The liability of the partners, including industrial partners for
partnership contracts entered into in its name and for its
account, when all partnership assets have been exhausted is
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
(17) When can a missing person who left someone to
administer his property be declared an absentee by the court?
When he has been missing for
(A) 2 years from the receipt of the last news about him.
(B) 7 years from the receipt of the last news about him.
(C) 10 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
(18) Which of the following claims against the debtor enjoys
preference over the others with respect to his specific
immovable property and real rights?
(A) Unpaid price of real property sold, upon the immovable
property.
(B) Mortgage credits recorded in the registry of property, upon
the mortgaged real estate.
(C) Taxes due, upon the land or building.
(D) Expenses for the preservation and improvement of
property, when the law authorizes reimbursement, upon the
preserved or improved immovable.
(19) When bilateral contracts are vitiated with vices of consent,
they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(20) An agent, authorized by a special power of attorney to sell
a land belonging to the principal succeeded in selling the same
to a buyer according to the instructions given the agent. The
agent executed the deed of absolute sale on behalf of his
principal two days after the principal died, an event that neither
the agent nor the buyer knew at the time of the sale. What is
the standing of the sale?
(A) Voidable.
(B) Valid.

38
(C) Void.
(D) Unenforceable.
(21) Spouses A and B leased a piece of land belonging to B's
parents for 25 years. The spouses built their house on it worth
P300,000.00. Subsequently, in a case that C filed against A
and B, the court found the latter liable to C for P200,000.00.
When the sheriff was attaching their house for the satisfaction
of the judgment, A and B claimed that it was exempt from
execution, being a family home. Is this claim correct?
(A) Yes, because while Bs parents own the land, they agreed
to have their daughter build her family home on it.
(B) No, because there is no judicial declaration that it is a
family home.
(C) No, since the land does not belong to A and B, it cannot
qualify as a family home.
(D) Yes, because the A and Bs family actually lives in that
house.
(22) Solomon sold his coconut plantation to Aragon, Inc. for
P100 million, payable in installments of P10 million per month
with 6% interest per annum. Solomon married Lorna after 5
months and they chose conjugal partnership of gains to govern
their property relations. When they married, Aragon had an
unpaid balance of P50 million plus interest in Solomons favor.
To whom will Aragons monthly payments go after the
marriage?
(A) The principal shall go to the conjugal partnership but the
interests to Solomon.
(B) Both principal and interests shall go to Solomon since they
are his exclusive properties.
(C) Both principal and interests shall go to the conjugal
partnership since these become due after the marriage.
(D) The principal shall go to Solomon but the interests to the
conjugal partnership.
(23) X and Y, although not suffering from any impediment,
cohabited as husband and wife without the benefit of marriage.
Following the birth of their child, the couple got married. A year
after, however, the court annulled the marriage and issued a
decree of annulment. What is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(24) When A and B married, they chose conjugal partnership of
gains to govern their property relations. After 3 years, B
succeeded in getting her marriage to A annulled on ground of
the latters psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
(A) They will follow the rule governing the liquidation of a
conjugal partnership of gains where the party who acted in bad
faith forfeits his share in the net profits.
(B) Since the marriage has been declared void, the rule for
liquidation of absolute community of property shall be followed.
(C) The liquidation of a co-ownership applies since the
annulment brought their property relation under the chapter on
property regimes without marriage.
(D) The law on liquidation of partnerships applies.
(25) X and Y agreed verbally before their marriage (a) on the
paternity of the illegitimate child of Y and (b) on the economic
regime that will govern X and Ys property relations. Is the
verbal agreement valid?
(A) No, because a marriage settlement to be valid should be in
writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an
agreement on the paternity of an illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is
a valid verbal contract.
(26) Spouses X and Y have a minor daughter, Z, who needs
support for her education. Both X and Y, who are financially
distressed, could not give the needed support to Z. As it
happens, Zs other relatives are financially capable of giving
that support. From whom may Z first rightfully demand
support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion, married Gloria.
Before the marriage, Gloria confessed to Fidel that she was
two-month pregnant with the child of a black African who had
left the country for good. When the child was born, Fidel could
not accept it being too black in complexion. What is the status
of the child?
(A) Illegitimate, because Gloria confessed that the child is not
Fidels.
(B) Illegitimate, because by the color of its skin, the child could
not possibly be that of Fidel.
(C) Legitimate, because the child was born within a valid

39
marriage.
(D) Legitimate, because Fidel agreed to treat the child as his
own after Gloria told him who the father was.
(28) The husbands acts of forcibly ejecting his wife without just
cause from the conjugal dwelling and refusing to take her back
constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(D) de facto separation.
(29) In his will, the testator designated X as a legatee to
receive P2 million for the purpose of buying an ambulance that
the residents of his Barangay can use. What kind of institution
is this?
(A) a fideicomissary institution.
(B) a modal institution.
(C) a conditional institution.
(D) a collective institution.
(30) X insured himself for P5 million, designating Y, his wife, as
his sole beneficiary. The designation was irrevocable. A few
years later, X had their marriage annulled in court on the
ground that Y had an existing prior marriage. X subsequently
died, Is Y entitled to the insurance benefits?
(A) Yes, since the insurance was not dependent on the
marriage.
(B) Yes, since her designation as beneficiary was irrevocable.
(C) No, Xs designation of Y is revoked by operation of law
upon the annulment of their marriage based on Ys fault.
(D) Yes, since without judicial revocation, Xs designation of Y
remains valid and binding.
(31) May a spouse freely donate communal or conjugal
property without the consent of the other?
(A) Absolutely not, since the spouses co-own such property.
(B) Yes, for properties that the family may spare, regardless of
value.
(C) Yes, provided the donation is moderate and intended for
charity or family rejoicing.
(D) Yes, in a donation mortis causa that the donor may still
revoke in his lifetime.
(32) The decedent died intestate leaving an estate of P10
million. He left the following heirs: a) Marlon, a legitimate child
and b) Cecilia, the legal spouse. Divide the estate.
(A) Marlon gets 1/4 and Cecilia gets 3/4.
(B) Marlon gets 2/3 and Cecilia 1/3.
(C) Marlon gets 1/2 and Cecilia gets 1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
(33) Contracts take effect only between the parties or their
assigns and heirs, except where the rights and obligations
arising from the contract are not transmissible by their nature,
by stipulation, or by provision of law. In the latter case, the
assigns or the heirs are not bound by the contracts. This is
known as the principle of
(A) Relativity of contracts.
(B) Freedom to stipulate.
(C) Mutuality of contracts.
(D) Obligatory force of contracts.
(34) A buyer ordered 5,000 apples from the seller at P20 per
apple. The seller delivered 6,000 apples. What are the rights
and obligations of the buyer?
(A) He can accept all 6,000 apples and pay the seller at P20
per apple.
(B) He can accept all 6,000 apples and pay a lesser price for
the 1,000 excess apples.
(C) He can keep the 6,000 apples without paying for the 1,000
excess since the seller delivered them anyway.
(D) He can cancel the whole transaction since the seller
violated the terms of their agreement.
(35) Lino entered into a contract to sell with Ramon,
undertaking to convey to the latter one of the five lots he owns,
without specifying which lot it was, for the price of P1 million.
Later, the parties could not agree which of five lots he owned
Lino undertook to sell to Ramon. What is the standing of the
contract?
(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
(36) Knowing that the car had a hidden crack in the engine, X
sold it to Y without informing the latter about it. In any event,
the deed of sale expressly stipulated that X was not liable for

40
hidden defects. Does Y have the right to demand from X a
reimbursement of what he spent to repair the engine plus
damages?
(A) Yes. X is liable whether or not he was aware of the hidden
defect.
(B) Yes, since the defect was not hidden; X knew of it but he
acted in bad faith in not disclosing the fact to Y.
(C) No, because Y is in estoppel, having changed engine
without prior demand.
(D) No, because Y waived the warranty against hidden defects.
(37) Acme Cannery produced sardines in cans known as
"Sards." Mylene bought a can of Sards from a store, ate it, and
suffered from poisoning caused by a noxious substance found
in the sardines. Mylene filed a case for damages against
Acme. Which of the following defenses will hold?
(A) The expiry date of the "Sards" was clearly printed on its
can, still the store sold and Mylene bought it.
(B) Mylene must have detected the noxious substance in the
sardines by smell, yet she still ate it.
(C) Acme had no transaction with Mylene; she bought the
"Sards" from a store, not directly from Acme.
(D) Acme enjoys the presumption of safeness of its canning
procedure and Mylene has not overcome such presumption.
(38) Fernando executed a will, prohibiting his wife Marina from
remarrying after his death, at the pain of the legacy of P100
Million in her favor becoming a nullity. But a year after
Fernandos death, Marina was so overwhelmed with love that
she married another man. Is she entitled to the legacy, the
amount of which is well within the capacity of the disposable
free portion of Fernandos estate?
(A) Yes, since the prohibition against remarrying is absolute, it
is deemed not written.
(B) Yes, because the prohibition is inhuman and oppressive
and violates Marinas rights as a free woman.
(C) No, because the nullity of the prohibition also nullifies the
legacy.
(D) No, since such prohibition is authorized by law and is not
repressive; she could remarry but must give up the money.
(39) X, the owner, constituted a 10-year usufruct on his land as
well as on the building standing on it in Ys favor. After flood
totally destroyed the building 5 years later, X told Y that an act
of God terminated the usufruct and that he should vacate the
land. Is X, the owner of the land, correct?
(A) No, since the building was destroyed through no fault of Y.
(B) No, since Y still has the right to use the land and the
materials left on it.
(C) Yes, since Y cannot use the land without the building.
(D) Yes, since the destruction of the building without the Xs
fault terminated the usufruct.
(40) In gratitude, the grooms parents made a donation of a
property in writing to the brides parents shortly before their
childrens wedding. The donation was accepted. What is the
nature of the donation?
(A) It is an ordinary donation since it was not given to the bride
or groom.
(B) It is donation propter nuptias since it was given with the
marriage in mind.
(C) It is an indirect donation propter nuptias since the bride
would eventually inherit the property from her parents.
(D) It is a remunatory donation.
(41) X and Y, both Filipinos, were married and resided in Spain
although they intend to return to the Philippines at some future
time. They have not executed any marriage settlements. What
law governs their property relations?
(A) They may choose between Spanish law and Philippine law.
(B) Philippine law since they are both Filipinos.
(C) No regime of property relations will apply to them.
(D) Spanish law since they live in Spain.
(42) Birth determines personality. Death extinguishes it. Under
what circumstances may the personality of a deceased person
continue to exist?
(A) In case of re-appearance of a missing person presumed
dead.
(B) In protecting the works of a deceased under intellectual
property laws.
(C) In case of declaration of presumptive death of a missing
spouse.
(D) In the settlement of the estate of a deceased person.
(43) Six tenants sued X, the landowner, for willfully denying
them water for their farms, which water happened to flow from
land under Xs control, his intention being to force them to
leave his properties. Is X liable for his act and why?
(A) No, because the tenants must be content with waiting for
rainfall for their farms.
(B) No, since X owns both the land and the water.

41
(C) Yes, because the tenants farms have the natural right of
access to water wherever it is located.
(D) Yes, since X willfully caused injury to his tenants contrary
to morals, good customs or public policy.
(44) Illegitimate brothers and sisters, whether of full or half-
blood, are bound to support each other, EXCEPT when
(A) the brother or sister who needs support lives in another
place.
(B) such brothers and sisters are not recognized by their father.
(C) the brother or sister in need stops schooling without valid
reason.
(D) the need for support of a brother or sister, already of age, is
due to the latter's fault.
(45) Virgilio owned a bare and simple swimming pool in his
garden. MB, a 7-year old child, surreptitiously entered the
garden and merrily romped around the ledges of the pool. He
accidentally tripped, fell into the pool, and drowned. MBs
parents sued Virgilio for damages arising from their childs
death, premised on the principle of "attractive nuisance". Is
Virgilio liable for the death of MB?
(A) No, the child was 7 years old and knew the dangers that
the pool offered.
(B) Yes, being an attractive nuisance, Virgilio had the duty to
prevent children from coming near it.
(C) No, since the pool was bare and had no enticing or alluring
gadgets, floats, or devices in it that would attract a 7-year old
child.
(D) Yes, since Virgilio did not cover the swimming pool while
not in use to prevent children from falling into it.
(46) The term of a 5-year lease contract between X the lessor
and Y the lessee, where rents were paid from month to month,
came to an end. Still, Y continued using the property with Xs
consent. In such a case, it is understood that they impliedly
renewed the lease
(A) from month to month under the same conditions as to the
rest.
(B) under the same terms and conditions as before.
(C) under the same terms except the rent which they or the
court must fix.
(D) for only a year, with the rent raised by 10% pursuant to the
rental control law.
(47) Rex, a philanthropist, donated a valuable lot to the
municipality on the condition that it will build a public school on
such lot within 2 years from its acceptance of the donation. The
municipality properly accepted the donation but did not yet
build the public school after 2 years. Can Rex revoke the
donation?
(A) Yes, since the donation is subject to a resolutory condition
which was not fulfilled.
(B) No, but Rex is entitled to recover the value of the land from
the municipality.
(C) No, the transfer of ownership has been completed.
(D) Yes, the donation is not deemed made until the suspensive
condition has been fulfilled.
(48) Illegitimate children, those not recognized by their
biological fathers, shall use the surname of their
(A) biological father subject to no condition.
(B) mother or biological father, at the mothers discretion.
(C) mother.
(D) biological father unless he judicially opposes it.
(49) Asiong borrowed P1 million from a bank, secured by a
mortgage on his land. Without his consent, his friend Boyong
paid the whole loan. Since Asiong benefited from the payment,
can Boyong compel the bank to subrogate him in its right as
mortgagee of Asiong's land?
(A) No, but the bank can foreclose and pay Boyong back.
(B) No, since Boyong paid for Asiongs loan without his
approval.
(C) Yes, since a change of creditor took place by novation with
the banks consent.
(D) Yes, since it is but right that Boyong be able to get back his
money and, if not, to foreclose the mortgage in the manner of
the bank.
(50) Congress passed a law imposing taxes on income earned
out of a particular activity that was not previously taxed. The
law, however, taxed incomes already earned within the fiscal
year when the law took effect. Is the law valid?
(A) No, because laws are intended to be prospective, not
retroactive.
(B) No, the law is arbitrary in that it taxes income that has
already been spent.
(C) Yes, since tax laws are the lifeblood of the nation.
(D) Yes, tax laws are an exception; they can be given
retroactive effect.
(51) Rudolf borrowed P1 million from Rodrigo and Fernando
who acted as solidary creditors. When the loan matured,

42
Rodrigo wrote a letter to Rudolf, demanding payment of the
loan directly to him. Before Rudolf could comply, Fernando
went to see him personally to collect and he paid him. Did
Rudolf make a valid payment?
(A) No, since Rudolf should have split the payment between
Rodrigo and Fernando.
(B) No, since Rodrigo, the other solidary creditor, already made
a prior demand for payment from Rudolf.
(C) Yes, since the payment covers the whole obligation.
(D) Yes, since Fernando was a solidary creditor, payment to
him extinguished the obligation.
(52) What happens to the property regimes that were
subsisting under the New Civil Code when the Family Code
took effect?
(A) The original property regimes are immutable and remain
effective.
(B) Those enjoying specific regimes under the New Civil Code
may adopt the regime of absolute community of property under
the Family Code.
(C) Those that married under the New Civil Code but did not
choose any of its regimes shall now be governed by the regime
of absolute community of property.
(D) They are superseded by the Family Code which has
retroactive effect.
(53) The testator executed a will following the formalities
required by the law on succession without designating any heir.
The only testamentary disposition in the will is the recognition
of the testator's illegitimate child with a popular actress. Is the
will valid?
(A) Yes, since in recognizing his illegitimate child, the testator
has made him his heir.
(B) No, because the non-designation of heirs defeats the
purpose of a will.
(C) No, the will comes to life only when the proper heirs are
instituted.
(D) Yes, the recognition of an illegitimate heir is an ample
reason for a will.
(54) A left B, his wife, in the Philippines to work in Egypt but
died in that country after a years continuous stay. Two months
after As death, B gave birth to a child, claiming it is As child.
Who can assail the legitimacy of the child?
(A) As other heirs apart from B.
(B) The State which has interest in the welfare of overseas
contract workers.
(C) Any one who is outraged by Bs claim.
(D) No one since A died.
(55) QR and TS who had a marriage license requested a newly
appointed Judge in Manila to marry them on the beach of
Boracay. Since the Judge maintained Boracay as his
residence, he agreed. The sponsors were all public officials.
What is the status of the marriage.
(A) Valid, since the improper venue is merely an irregularity; all
the elements of a valid marriage are present.
(B) Void, because the couple did not get local permit for a
beach wedding.
(C) Voidable, because the Judge acted beyond his territorial
jurisdiction and is administratively liable for the same.
(D) Void, because the Judge did not solemnize the marriage
within the premises of his court.
(56) X and Y, Filipinos, got married in Los Angeles, USA, using
a marriage license issued by the Philippine consul in Los
Angeles, acting as Civil Registrar. X and Y did not know that
they were first cousins because their mothers, who were
sisters, were separated when they were quite young. Since X
did not want to continue with the relation when he heard of it,
he left Y, came to the Philippines and married Z. Can X be held
liable for bigamy?
(A) No since Xs marriage to Y is void ab initio or did not exist.
(B) No since X acted in good faith, conscious that public policy
did not approve of marriage between first cousins.
(C) Yes since he married Z without first securing a judicial
declaration of nullity of his marriage to Y.
(D) Yes since his first marriage to Y in Los Angeles is valid.
(57) Allan bought Billys property through Carlos, an agent
empowered with a special power of attorney (SPA) to sell the
same. When Allan was ready to pay as scheduled, Billy called,
directing Allan to pay directly to him. On learning of this,
Carlos, Billy's agent, told Allan to pay through him as his SPA
provided and to protect his commission. Faced with two
claimants, Allan consigned the payment in court. Billy
protested, contending that the consignation is ineffective since
no tender of payment was made to him. Is he correct?
(A) No, since consignation without tender of payment is
allowed in the face of the conflicting claims on the plaintiff.
(B) Yes, as owner of the property sold, Billy can demand
payment directly to himself.
(C) Yes, since Allan made no announcement of the tender.
(D) Yes, a tender of payment is required for a valid
consignation.

43
(58) X sold Y 100 sacks of rice that Y was to pick up from Xs
rice mill on a particular date. Y did not, however, appear on the
agreed date to take delivery of the rice. After one week, X
automatically rescinded the sale without notarial notice to Y. Is
the rescission valid?
(A) Yes, automatic rescission is allowed since, having the
character of movables and consumables, rice can easily
deteriorate.
(B) No, the buyer is entitled to a customary 30-day extension of
his obligation to take delivery of the goods.
(C) No, since there was no express agreement regarding
automatic rescission.
(D) No, the seller should first determine that Y was not justified
in failing to appear.
(59) The wife filed a case of legal separation against her
husband on the ground of sexual infidelity without previously
exerting earnest efforts to come to a compromise with him. The
judge dismissed the case for having been filed without
complying with a condition precedent. Is the dismissal proper?
(A) No, efforts at a compromise will only deepen the wifes
anguish.
(B) No, since legal separation like validity of marriage is not
subject to compromise agreement for purposes of filing.
(C) Yes, to avoid a family feud that is hurtful to everyone.
(D) Yes, since the dispute could have been settled with the
parties agreeing to legal separation.
(60) An Australian living in the Philippines acquired shares of
stock worth P10 million in food manufacturing companies. He
died in Manila, leaving a legal wife and a child in Australia and
a live-in partner with whom he had two children in Manila. He
also left a will, done according to Philippine laws, leaving all his
properties to his live-in partner and their children. What law will
govern the validity of the disposition in the will?
(A) Australia law since his legal wife and legitimate child are
Australians and domiciled in Australia.
(B) Australian law since the intrinsic validity of the provisions of
a will is governed by the decedents national law.
(C) Philippine law since the decedent died in Manila and he
executed his will according to such law.
(D) Philippine law since the decedents properties are in the
Philippines.
(61) X bought a land from Y, paying him cash. Since they were
friends, they did not execute any document of sale. After 7
years, the heirs of X asked Y to execute a deed of absolute
sale to formalize the verbal sale to their father. Unwilling to do
so, Xs heirs filed an action for specific performance against Y.
Will their action prosper?
(A) No, after more than 6 years, the action to enforce the
verbal agreement has already elapsed.
(B) No, since the sale cannot under the Statute of Frauds be
enforced.
(C) Yes, since X bought the land and paid Y for it.
(D) Yes, after full payment, the action became imprescriptible.
(62) A court declared Ricardo, an old bachelor, an absentee
and appointed Cicero administrator of his property. After a
year, it was discovered that Ricardo had died abroad. What is
the effect of the fact of his death on the administration of his
property?
(A) With Ricardo no longer an absentee but a deceased
person, Cicero will cease to be administrator of his properties.
(B) The administration shall be given by the court having
jurisdiction over the intestate proceedings to a new
administrator whom it will appoint.
(C) Cicero automatically becomes administrator of Ricardos
estate until judicially relieved.
(D) Ciceros alienations of Ricardo's property will be set aside.
(63) Baldo, a rejected suitor, intimidated Judy into marrying
him. While she wanted to question the validity of their marriage
two years after the intimidation ceased, Judy decided in the
meantime to freely cohabit with Baldo. After more than 5 years
following their wedding, Judy wants to file a case for annulment
of marriage against Baldo on ground of lack of consent. Will
her action prosper?
(A) Yes, the action for annulment is imprescriptible.
(B) No, since the marriage was merely voidable and Judy
ratified it by freely cohabiting with Baldo after the force and
intimidation had ceased .
(C) No, since the action prescribed 5 years from the date of the
celebration of the marriage.
(D) Yes, because the marriage was celebrated without Judy's
consent freely given.
(64) Is the wife who leaves her husband without just cause
entitled to support?
(A) No, because the wife must always be submissive and
respectful to the husband.
(B) Yes. The marriage not having been dissolved, the husband
continues to have an obligation to support his wife.
(C) No, because in leaving the conjugal home without just
cause, she forfeits her right to support.
(D) Yes, since the right to receive support is not subject to any

44
condition.
(65) In the order of intestate succession where the decedent is
legitimate, who is the last intestate heirs or heir who will inherit
if all heirs in the higher level are disqualified or unable to
inherit?
(A) Nephews and nieces.
(B) Brothers and sisters.
(C) State.
(D) Other collateral relatives up to the 5th degree of
consanguinity.
(66) Roy and Carlos both undertook a contract to deliver to
Sam in Manila a boat docked in Subic. Before they could
deliver it, however, the boat sank in a storm. The contract
provides that fortuitous event shall not exempt Roy and Carlos
from their obligation. Owing to the loss of the motor boat, such
obligation is deemed converted into one of indemnity for
damages. Is the liability of Roy and Carlos joint or solidary?
(A) Neither solidary nor joint since they cannot waive the
defense of fortuitous event to which they are entitled.
(B) Solidary or joint upon the discretion of Sam.
(C) Solidary since Roy and Carlos failed to perform their
obligation to deliver the motor boat.
(D) Joint since the conversion of their liability to one of
indemnity for damages made it joint.
(67) Joanne married James, a person with no known relatives.
Through James' hard work, he and his wife Joane prospered.
When James died, his estate alone amounted to P100 million.
If, in his will, James designates Joanne as his only heir, what
will be the free portion of his estate.
(A) Joanne gets all; estate has no free portion left.
(B) Joanne gets 1/2; the other half is free portion.
(C) Joanne gets 1/3; the remaining 2/3 is free portion.
(D) Joanne gets 1/4; the remaining 3/4 is free portion.
(68) A warranty inherent in a contract of sale, whether or not
mentioned in it, is known as the
(A) warranty on quality.
(B) warranty against hidden defects.
(C) warranty against eviction.
(D) warranty in merchantability.
(69) The doctrine of stare decisis prescribes adherence to
precedents in order to promote the stability of the law. But the
doctrine can be abandoned
(A) When adherence to it would result in the Governments loss
of its case.
(B) When the application of the doctrine would cause great
prejudice to a foreign national.
(C) When necessary to promote the passage of a new law.
(D) When the precedent has ceased to be beneficial and
useful.
(70) Ric and Josie, Filipinos, have been sweethearts for 5
years. While working in a European country where the
execution of joint wills are allowed, the two of them executed a
joint holographic will where they named each other as sole heir
of the other in case either of them dies. Unfortunately, Ric died
a year later. Can Josie have the joint will successfully probated
in the Philippines?
(A) Yes, in the highest interest of comity of nations and to
honor the wishes of the deceased.
(B) No, since Philippine law prohibits the execution of joint wills
and such law is binding on Ric and Josie even abroad.
(C) Yes, since they executed their joint will out of mutual love
and care, values that the generally accepted principles of
international law accepts.
(D) Yes, since it is valid in the country where it was executed,
applying the principle of "lex loci celebrationis."
(71) ML inherited from his father P5 million in legitime but he
waived it in a public instrument in favor of his sister QY who
accepted the waiver in writing. But as it happened, ML
borrowed P6 million from PF before the waiver. PF objected to
the waiver and filed an action for its rescission on the ground
that he had the right to MLs P5 million legitime as partial
settlement of what ML owed him since ML has proved to be
insolvent. Does PF, as creditor, have the right to rescind the
waiver?
(A) No, because the waiver in favor of his sister QY amounts to
a donation and she already accepted it.
(B) Yes, because the waiver is prejudicial to the interest of a
third person whose interest is recognized by law.
(C) No, PF must wait for ML to become solvent and, thereafter,
sue him for the unpaid loan.
(D) Yes, because a legitime cannot be waived in favor of a
specific heir; it must be divided among all the other heirs.
(72) While engaged to be married, Arnold and Josephine
agreed in a public instrument to adopt out the economic regime
of absolute community of property. Arnold acknowledged in the
same instrument that Josephines daughter Mary, is his

45
illegitimate child. But Josephine died before the marriage could
take place. Does the marriage settlement have any
significance?
(A) None, since the instrument containing the marriage
settlement is essentially void for containing an unrelated
matter.
(B) Yes, insofar as Arnold acknowledged Mary as his
illegitimate child.
(C) None, since the marriage did not take place.
(D) Yes, if they acquired properties while living together as
husband and wife.
(73) Joseph, a 17-year old Filipino, married Jenny, a 21-year
old American in Illinois, USA, where the marriage was valid.
Their parents gave full consent to the marriage of their
children. After three years, Joseph filed a petition in the USA to
promptly divorce Jenny and this was granted. When Joseph
turned 25 years, he returned to the Philippines and married
Leonora. What is the status of this second marriage?
(A) Void, because he did not cause the judicial issuance of
declaration of the nullity of his first marriage to Jenny before
marrying Leonora.
(B) Valid, because Joseph's marriage to Jenny is void, he
being only 17 years of age when he married her.
(C) Valid, because his marriage to Leonora has all the
elements of a valid marriage.
(D) Void, because Joseph is still considered married to Jenny
since the Philippines does not recognize divorce.
(74) T died intestate, leaving an estate of P9,000,000. He left
as heirs three legitimate children, namely, A, B, and C. A has
two children, D and E. Before he died, A irrevocably repudiated
his inheritance from T in a public instrument filed with the court.
How much, if any, will D and E, as As children, get from Ts
estate?
(A) Each of D and E will get P1,500,000 by right of
representation since their father repudiated his inheritance.
(B) Each of D and E will get P2,225,000 because they will
inherit from the estate equally with B and C.
(C) D and E will get none because of the repudiation; "B" and
"C" will get As share by right of accretion.
(D) Each of D and E will get P2,000,000 because the law gives
them some advantage due to the demise of "A".
(75) No decree of legal separation can be issued
(A) unless the childrens welfare is attended to first.
(B) without prior efforts at reconciliation shown to be futile.
(C) unless the court first directs mediation of the parties.
(D) without prior investigation conducted by a public
prosecutor.
(76) X, who was abroad, phoned his brother, Y, authorizing him
to sell Xs parcel of land in Pasay. X sent the title to Y by
courier service. Acting for his brother, Y executed a notarized
deed of absolute sale of the land to Z after receiving payment.
What is the status of the sale?
(A) Valid, since a notarized deed of absolute sale covered the
transaction and full payment was made.
(B) Void, since X should have authorized agent Y in writing to
sell the land.
(C) Valid, since Y was truly his brother Xs agent and entrusted
with the title needed to effect the sale.
(D) Valid, since the buyer could file an action to compel X to
execute a deed of sale.
(77) In a true pacto de retro sale, the title and ownership of the
property sold are immediately vested in the vendee a retro
subject only to the resolutory condition of repurchase by the
vendor a retro within the stipulated period. This is known as
(A) equitable mortgage.
(B) conventional redemption.
(C) legal redemption.
(D) equity of redemption.
(78) A natural obligation under the New Civil Code of the
Philippines is one which
(A) the obligor has a moral obligation to do, otherwise entitling
the obligee to damages.
(B) refers to an obligation in writing to do or not to do.
(C) the obligee may enforce through the court if violated by the
obligor.
(D) cannot be judicially enforced but authorizes the obligee to
retain the obligors payment or performance.
(79) The husband assumed sole administration of the familys
mango plantation since his wife worked abroad. Subsequently,
without his wifes knowledge, the husband entered into an
antichretic transaction with a company, giving it possession
and management of the plantation with power to harvest and
sell the fruits and to apply the proceeds to the payment of a
loan he got. What is the standing of the contract?
(A) It is void in the absence of the wifes consent.
(B) It is void absent an authorization from the court.

46
(C) The transaction is void and can neither be ratified by the
wife nor authorized by the court.
(D) It is considered a continuing offer by the parties, perfected
only upon the wifes acceptance or the courts authorization.
(80) When the donor gives donations without reserving
sufficient funds for his support or for the support of his
dependents, his donations are
(A) Rescissible, since it results in economic lesion of more than
25% of the value of his properties.
(B) Voidable, since his consent to the donation is vitiated by
mindless kindness.
(C) Void, since it amounts to wanton expenditure beyond his
means.
(D) Reducible to the extent that the donations impaired the
support due to himself and his dependents.
(81) Anne owed Bessy P1 million due on October 1, 2011 but
failed to pay her on due date. Bessy sent a demand letter to
Anne giving her 5 days from receipt within which to pay. Two
days after receipt of the letter, Anne personally offered to pay
Bessy in manager's check but the latter refused to accept the
same. The 5 days lapsed. May Annes obligation be
considered extinguished?
(A) Yes, since Bessys refusal of the managers check, which is
presumed funded, amounts to a satisfaction of the obligation.
(B) No, since tender of payment even in cash, if refused, will
not discharge the obligation without proper consignation in
court.
(C) Yes, since Anne tendered payment of the full amount due.
(D) No, since a managers check is not considered legal tender
in the Philippines.
(82) The residents of a subdivision have been using an open
strip of land as passage to the highway for over 30 years. The
owner of that land decided, however, to close it in preparation
for building his house on it. The residents protested, claiming
that they became owners of the land through acquisitive
prescription, having been in possession of the same in the
concept of owners, publicly, peacefully, and continuously for
more than 30 years. Is this claim correct?
(A) No, the residents have not been in continuous possession
of the land since they merely passed through it in going to the
highway.
(B) No, the owner did not abandon his right to the property; he
merely tolerated his neighbors use of it for passage.
(C) Yes, residents of the subdivision have become owners by
acquisitive prescription.
(D) Yes, community ownership by prescription prevails over
private claims.
(83) The owner of a thing cannot use it in a way that will injure
the right of a third person. Thus, every building or land is
subject to the easement which prohibits its proprietor or
possessor from committing nuisance like noise, jarring,
offensive odor, and smoke. This principle is known as
(A) Jus vindicandi.
(B) Sic utere tuo ut alienum non laedas.
(C) Jus dispondendi.
(D) Jus abutendi.
(84) Janice and Jennifer are sisters. Janice sued Jennifer and
Laura, Jennifers business partner for recovery of property with
damages. The complaint did not allege that Janice exerted
earnest efforts to come to a compromise with the defendants
and that such efforts failed. The judge dismissed the complaint
outright for failure to comply with a condition precedent. Is the
dismissal in order?
(A) No, since Laura is a stranger to the sisters, Janice has no
moral obligation to settle with her.
(B) Yes, since court should promote amicable settlement
among relatives.
(C) Yes, since members of the same family, as parties to the
suit, are required to exert earnest efforts to settle their disputes
before coming to court.
(D) No, the family council, which would ordinarily mediate the
dispute, has been eliminated under the Family Code.
(85) X borrowed money from a bank, secured by a mortgage
on the land of Y, his close friend. When the loan matured, Y
offered to pay the bank but it refused since Y was not the
borrower. Is the banks action correct?
(A) Yes, since X, the true borrower, did not give his consent to
Ys offer to pay.
(B) No, since anybody can discharge Xs obligation to his
benefit.
(C) No, since Y, the owner of the collateral, has an interest in
the payment of the obligation.
(D) Yes, since it was X who has an obligation to the bank.
(86) The right of a mortgagor in a judicial foreclosure to redeem
the mortgaged property after his default in the performance of
the conditions of the mortgage but before the sale of the
mortgaged property or confirmation of the sale by the court, is
known as
(A) accion publiciana.

47
(B) equity of redemption.
(C) pacto de retro.
(D) right of redemption.
(87) When does the regime of conjugal partnership of gains
begin to exist?
(A) At the moment the parties take and declare each other as
husband and wife before officiating officer.
(B) At the time the spouses acquire properties through joint
efforts.
(C) On the date the future spouses executed their marriage
settlements because this is the starting point of their marital
relationship.
(D) On the date agreed upon by the future spouses in their
marriage settlements since their agreement is the law between
them.
(88) Josie, 18, married Dante, 25, without her parents
knowledge and consent, and lived with him. After a year, Josie
returned to her parents home, complained of the unbearable
battering she was getting from Dante, and expressed a desire
to have her marriage with him annulled. Who may bring the
action?
(A) Dante.
(B) Her parents.
(C) Josie herself.
(D) The State.
(89) X, a married man, cohabited with Y, an unmarried woman.
Their relation bore them BB, a baby boy. Subsequently, after X
became a widower, he married Y. Was BB legitimated by that
marriage?
(A) Yes, since his parents are now lawfully married.
(B) Yes, since he is an innocent party and the marriage
rectified the wrong done him.
(C) No, since once illegitimate, a child shall always remain
illegitimate.
(D) No, since his parents were not qualified to marry each
other when he was conceived.
(90) The presence of a vice of consent vitiates the consent of a
party in a contract and this renders the contract
(A) Rescissible.
(B) Unenforceable.
(C) Voidable.
(D) Void.
(91) Can common-law spouses donate properties of
substantial value to one another?
(A) No, they are only allowed to give moderate gifts to each
other during family rejoicing.
(B) No, they cannot give anything of value to each other to
prevent placing their legitimate relatives at a disadvantage.
(C) Yes, unlike the case of legally married spouses, such
donations are not prohibited.
(D) Yes, as long as they leave sufficient property for
themselves and for their dependents.
(92) X owed Y P1.5 million. In his will, X gave Y legacy of P1
million but the will provided that this legacy is to be set off
against the P1.5 million X owed Y. After the set off, X still owed
Y P500,000. Can Y still collect this amount?
(A) Yes, because the designation of Y as legatee created a
new and separate juridical relationship between them, that of
testator-legatee.
(B) It depends upon the discretion of the probate court if a
claim is filed in the testate proceedings.
(C) No, because the intention of the testator in giving the
legacy is to abrogate his entire obligation to Y.
(D) No, because X had no instruction in his will to deliver more
than the legacy of P1 million to Y.
(93) Josie owned a lot worth P5 million prior to her marriage to
Rey. Subsequently, their conjugal partnership spent P3 million
for the construction of a house on the lot. The construction
resulted in an increase in the value of the house and lot to P9
million. Who owns the house and the lot?
(A) Josie and the conjugal partnership of gains will own both on
a 50-50 basis.
(B) Josie will own both since the value of the house and the
increase in the propertys value is less than her lots value; but
she is to reimburse conjugal partnership expenses.
(C) Josie still owns the lot, it being her exclusive property, but
the house belongs to the conjugal partnership.
(D) The house and lot shall both belong to the conjugal
partnership, with Josie entitled to reimbursement for the value
of the lot.
(94) An action for reconveyance of a registered piece of land
may be brought against the owner appearing on the title based
on a claim that the latter merely holds such title in trust for the
plaintiff. The action prescribes, however, within 10 years from
the registration of the deed or the date of the issuance of the

48
certificate of title of the property as long as the trust had not
been repudiated. What is the exception to this 10-year
prescriptive period?
(A) When the plaintiff had no notice of the deed or the issuance
of the certificate of title.
(B) When the title holder concealed the matter from the
plaintiff.
(C) When fortuitous circumstances prevented the plaintiff from
filing the case sooner.
(D) When the plaintiff is in possession of the property.
(95) Conrad and Linda, both 20 years old, applied for a
marriage license, making it appear that they were over 25.
They married without their parents knowledge before an
unsuspecting judge. After the couple has been in cohabitation
for 6 years, Lindas parents filed an action to annul the
marriage on ground of lack of parental consent. Will the case
prosper?
(A) No, since only the couple can question the validity of their
marriage after they became 21 of age; their cohabitation also
convalidated the marriage.
(B) No, since Lindas parents made no allegations that earnest
efforts have been made to come to a compromise with Conrad
and Linda and which efforts failed.
(C) Yes, since the marriage is voidable, the couple being below
21 years of age when they married.
(D) Yes, since Lindas parents never gave their consent to the
marriage.
(96) Pepito executed a will that he and 3 attesting witnesses
signed following the formalities of law, except that the Notary
Public failed to come. Two days later, the Notary Public
notarized the will in his law office where all signatories to the
will acknowledged that the testator signed the will in the
presence of the witnesses and that the latter themselves
signed the will in the presence of the testator and of one
another. Was the will validly notarized?
(A) No, since it was not notarized on the occasion when the
signatories affixed their signatures on the will.
(B) Yes, since the Notary Public has to be present only when
the signatories acknowledged the acts required of them in
relation to the will.
(C) Yes, but the defect in the mere notarization of the will is not
fatal to its execution.
(D) No, since the notary public did not require the signatories to
sign their respective attestations again.
(97) Venecio and Ester lived as common-law spouses since
both have been married to other persons from whom they had
been separated in fact for several years. Hardworking and
bright, each earned incomes from their respective professions
and enterprises. What is the nature of their incomes?
(A) Conjugal since they earned the same while living as
husband and wife.
(B) Separate since their property relations with their legal
spouses are still subsisting.
(C) Co-ownership since they agreed to work for their mutual
benefit.
(D) Communal since they earned the same as common-law
spouses.
(98) What is the prescriptive period for filing an action for
revocation of a donation based on acts of ingratitude of the
donee?
(A) 5 years from the perfection of the donation.
(B) 1 year from the perfection of the donation.
(C) 4 years from the perfection of the donation.
(D) Such action does not prescribe.
(99) Before Karen married Karl, she inherited P5 million from
her deceased mother which amount she brought into the
marriage. She later used part of the money to buy a new
Mercedes Benz in her name, which Karen and her husband
used as a family car. Is the car a conjugal or Karens exclusive
property?
(A) It is conjugal property since the spouses use it as a family
car.
(B) It is Karens exclusive property since it is in her name.
(C) It is conjugal property having been bought during the
marriage.
(D) It is Karens exclusive property since she bought it with her
own money.
(100) Because of Xs gross negligence, Y suffered injuries that
resulted in the abortion of the foetus she carried. Y sued X for,
among other damages, P1 million for the death of a family
member. Is Y entitled to indemnity for the death of the foetus
she carried?
(A) Yes, since the foetus is already regarded as a child from
conception, though unborn.
(B) No, since Xs would not have known that the accident
would result in Ys abortion.
(C) No, since birth determines personality, the accident did not
result in the death of a person.
(D) Yes, since the mother believed in her heart that she lost a

49
child.
Bar Examination Questionnaire for Taxation Law Set A
(1) A municipality may levy an annual ad valorem tax on real
property such as land, building, machinery, and other
improvement only if
(A) the real property is within the Metropolitan Manila Area.
(B) the real property is located in the municipality.
(C) the DILG authorizes it to do so.
(D) the power is delegated to it by the province.
(2) Anne Lapada, a student activist, wants to impugn the
validity of a tax on text messages. Aside from claiming that the
law adversely affects her since she sends messages by text,
what may she allege that would strengthen her claim to the
right to file a taxpayers suit?
(A) That she is entitled to the return of the taxes collected from
her in case the court nullifies the tax measure.
(B) That tax money is being extracted and spent in violation of
the constitutionally guaranteed right to freedom of
communication.
(C) That she is filing the case in behalf of a substantial number
of taxpayers.
(D) That text messages are an important part of the lives of the
people she represents.
(3) There is no taxable income until such income is recognized.
Taxable income is recognized when the
(A) taxpayer fails to include the income in his income tax
return.
(B) income has been actually received in money or its
equivalent.
(C) income has been received, either actually or constructively.
(D) transaction that is the source of the income is
consummated.
(4) Keyrand, Inc., a Philippine corporation, sold through the
local stock exchange 10,000 PLDT shares that it bought 2
years ago. Keyrand sold the shares for P2 million and realized
a net gain of P200,000.00. How shall it pay tax on the
transaction?
(A) It shall declare a P2 million gross income in its income tax
return, deducting its cost of acquisition as an expense.
(B) It shall report the P200,000.00 in its corporate income tax
return adjusted by the holding period.
(C) It shall pay 5% tax on the first P100,000.00 of the
P200,000.00 and 10% tax on the remaining P100,000.00.
(D) It shall pay a tax of one-half of 1% of the P2 million gross
sales.
(5) Amaretto, Inc., imported 100 cases of Marula wine from
South Africa. The shipment was assessed duties and value-
added taxes of P300,000 which Amaretto, Inc. immediately
paid. The Bureau of Customs did not, however, issue the
release papers of the shipment yet since the Food and Drug
Administration (FDA) needed to test the suitability of the wine
for human consumption. Is the Bureau of Customs at fault for
refusing to release the shipment just as yet?
(A) Yes, because the importation was already terminated as a
result of the payment of the taxes due.
(B) Yes, the Bureau of Customs is estopped from holding the
release of the shipment after receiving the payment.
(C) No, if the amount paid as duties and value-added taxes
due on the importation was insufficient.
(D) No, because the Bureau of Customs has not yer issued the
legal permit for withdrawal pending the FDA's findings.
(6) Which theory in taxation states that without taxes, a
government would be paralyzed for lack of power to activate
and operate it, resulting in its destruction?
(A) Power to destroy theory
(B) Lifeblood theory
(C) Sumptuary theory
(D) Symbiotic doctrine
(7) The spouses Helena and Federico wanted to donate a
parcel of land to their son Dondon who is getting married in
December, 2011. The parcel of land has a zonal valuation of
P420,000.00. What is the most efficient mode of donating the
property?
(A) The spouses should first donate in 2011 a portion of the
property valued at P20,000.00 then spread the P400,000.00
equally for 2012, 2013, 2014 and 2015.
(B) Spread the donation over a period of 5 years by the
spouses donating P100,000.00 each year from 2011 to 2015.
(C) The spouses should each donate a P110,000.00 portion of
the value of the property in 2011 then each should donate
P100,000.00 in 2012.
(D) The spouses should each donate a P100,000.00 portion of
the value of the property in 2011, and another P100,000.00
each in 2012. Then, in 2013, Helena should donate the
remaining P20,000.00.
(8) Mia, a compensation income earner, filed her income tax

50
return for the taxable year 2007 on March 30, 2008. On May
20, 2011, Mia received an assessment notice and letter of
demand covering the taxable year 2007 but the postmark on
the envelope shows April 10, 2011. Her return is not a false
and fraudulent return. Can Mia raise the defense of
prescription?
(A) No. The 3 year prescriptive period started to run on April
15, 2008, hence, it has not yet expired on April 10, 2011.
(B) Yes. The 3 year prescriptive period started to run on April
15, 2008, hence, it had already expired by May 20, 2011.
(C) No. The prescriptive period started to run on March 30,
2008, hence, the 3 year period expired on April 10, 2011.
(D) Yes. Since the 3-year prescriptive period started to run on
March 30, 2008, it already expired by May 20, 2011.
(9) Double taxation in its general sense means taxing the same
subject twice during the same taxing period. In this sense,
double taxation
(A) violates substantive due process.
(B) does not violate substantive due process.
(C) violates the right to equal protection.
(D) does not violate the right to equal protection.
(10) The payor of passive income subject to final tax is
required to withhold the tax from the payment due the recipient.
The withholding of the tax has the effect of
(A) a final settlement of the tax liability on the income.
(B) a credit from the recipient's income tax liability.
(C) consummating the transaction resulting in an income.
(D) a deduction in the recipient's income tax return.
(11) Guidant Resources Corporation, a corporation registered
in Norway, has a 50 MW electric power plant in San Jose,
Batangas. Aside from Guidant's income from its power plant,
which among the following is considered as part of its income
from sources within the Philippines?
(A) Gains from the sale to an Ilocos Norte power plant of
generators bought from the United States.
(B) Interests earned on its dollar deposits in a Philippine bank
under the Expanded Foreign Currency Deposit System.
(C) Dividends from a two-year old Norwegian subsidiary with
operations in Zambia but derives 60% of its gross income from
the Philippines.
(D) Royalties from the use in Brazil of generator sets designed
in the Philippines by its engineers.
(12) Tong Siok, a Chinese billionaire and a Canadian resident,
died and left assets in China valued at P80 billion and in the
Philippines assets valued at P20 billion. For Philippine estate
tax purposes the allowable deductions for expenses, losses,
indebtedness, and taxes, property previously taxed, transfers
for public use, and the share of his surviving spouse in their
conjugal partnership amounted to P15 billion. Tong's gross
estate for Philippine estate tax purposes is
(A) P20 billion.
(B) P5 billion.
(C) P100 billion.
(D) P85 billion.
(13) Anktryd, Inc., bought a parcel of land in 2009 for P7 million
as part of its inventory of real properties. In 2010, it sold the
land for P12 million which was its zonal valuation. In the same
year, it incurred a loss of P6 million for selling another parcel of
land in its inventory. These were the only transactions it had in
its real estate business. Which of the following is the applicable
tax treatment?
(A) Anktryd shall be subject to a tax of 6% of P12 million.
(B) Anktryd could deduct its P6 million loss from its P5 million
gain.
(C) Anktryd's gain of P5 million shall be subject to the holding
period.
(D) Anktryd's P6 million loss could not be deducted from its P5
million gain.
(14) Aplets Corporation is registered under the laws of the
Virgin Islands. It has extensive operations in Southeast Asia. In
the Philippines, Its products are imported and sold at a mark-
up by its exclusive distributor, Kim's Trading, Inc. The BIR
compiled a record of all the imports of Kim from Aplets and
imposed a tax on Aplets net income derived from its exports to
Kim. Is the BIR correct?
(A) Yes. Aplets is a non-resident foreign corporation engaged
in trade or business in the Philippines.
(B) No. The tax should have been computed on the basis of
gross revenues and not net income.
(C) No. Aplets is a non-resident foreign corporation not
engaged in trade or business in the Philippines.
(D) Yes. Aplets is doing business in the Philippines through its
exclusive distributor Kim's Trading. Inc.
(15) In 2009, Spratz, Inc.s net profit before tax was P35 million
while its operating expenses was P31 million. In 2010, its net
profit before tax was P40 million and its operating expenses
was P38 million. It did not declare dividends for 2009 and
2010. And it has no proposed capital expenditures for 2011
and the immediate future. May Spratz be subject to the

51
improperly accumulated tax on its retained profits for 2009 and
2010?
(A) Yes, since the accumulated amounts are reasonable for
operations in relation to what it usually needed annually.
(B) Yes, since the accumulation is not reasonably necessary
for the immediate needs of the business.
(C) No, because there is no showing that the taxpayer's 2009
and 2010 net profit before tax exceeded its paid-up capital.
(D) No, because the taxpayer is not shown to be a publicly-
listed corporation, a bank, or an insurance company.
(16) The actual effort exerted by the government to effect the
exaction of what is due from the taxpayer is known as
(A) assessment.
(B) levy.
(C) payment.
(D) collection.
(17) Although the power of taxation is basically legislative in
character, it is NOT the function of Congress to
(A) fix with certainty the amount of taxes.
(B) collect the tax levied under the law.
(C) identify who should collect the tax.
(D) determine who should be subject to the tax.
(18) Passive income includes income derived from an activity
in which the earner does not have any substantial participation.
This type of income is
(A) usually subject to a final tax.
(B) exempt from income taxation.
(C) taxable only if earned by a citizen.
(D) included in the income tax return.
(19) In 2010, Juliet Ulbod earned P500,000.00 as income from
her beauty parlor and received P250,000.00 as Christmas gift
from her spinster aunt. She had no other receipts for the year.
She spent P150,000.00 for the operation of her beauty parlor.
For tax purposes, her gross income for 2010 is
(A) P750,000.00.
(B) P500,000.00.
(C) P350,000.00.
(D) P600,000.00.
(20) Exempted from donors taxation are gifts made
(A) for the use of the barangay.
(B) in consideration of marriage.
(C) to a school which is a stock corporation.
(D) to a for-profit government corporation.
(21) Federico, a Filipino citizen, migrated to the United States
some six years ago and got a permanent resident status or
green card. He should pay his Philippine income taxes on
(A) the gains derived from the sale in California, U.S.A. of
jewelry he purchased in the Philippines.
(B) the proceeds he received from a Philippine insurance
company as the sole beneficiary of life insurance taken by his
father who died recently.
(C) the gains derived from the sale in the New York Stock
Exchange of shares of stock in PLDT, a Philippine corporation.
(D) dividends received from a two year old foreign corporation
whose gross income was derived solely from Philippine
sources.
(22) An example of a tax where the concept of progressivity
finds application is the
(A) income tax on individuals.
(B) excise tax on petroleum products.
(C) value-added tax on certain articles.
(D) amusement tax on boxing exhibitions.
(23) A corporation may change its taxable year to calendar or
fiscal year in filing its annual income tax return, provided
(A) it seeks prior BIR approval of its proposed change in
accounting period.
(B) it simultaneously seeks BIR approval of its new accounting
period.
(C) it should change its accounting period two years prior to
changing its taxable year.
(D) its constitution and by-laws authorizes the change.
(24) What is the rule on the taxability of income that a
government educational institution derives from its school
operations? Such income is
(A) subject to 10% tax on its net taxable income as if it is a

52
proprietary educational institution.
(B) Exempt from income taxation if it is actually, directly, and
exclusively used for educational purposes.
(C) subject to the ordinary income tax rates with respect to
incomes derived from educational activities.
(D) Exempt from income taxation in the same manner as
government-owned and controlled corporations.
(25) Which among the following reduces the gross estate (not
the net estate) of a citizen of the Philippines for purposes of
estate taxation?
(A) Transfers for public use
(B) Property previously taxed
(C) Standard deduction of P1 million
(D) Capital of the surviving spouse
(26) Ka Pedring Matibag, a sole proprietor, buys and sells
"kumot at kulambo" both of which are subject to value-added
tax. Since he is using the calendar year as his taxable year, his
taxable quarters end on the last day of March, June,
September, and December. When should Ka Pedring file the
VAT quarterly return for his gross sales or receipts for the
period of June 1 to September 30?
(A) Within 25 days from September 30
(B) Within 45 days from September 30
(C) Within 15 days from September 30
(D) Within 30 days from September 30
(27) In January 2011, the BIR issued a ruling that Clemen's
vodka imports were not subject to increased excise tax based
on his claim that his net retail price was only P200 per 750
milliliter bottle. This ruling was applied to his imports for May,
June, and July 2011. In September 2011, the BIR revoked its
ruling and assessed him for deficiency taxes respecting his
May, June and July 2011 vodka imports because it discovered
that his net retail price for the vodka was P250 per bottle from
January to September 2011. Does the retroactive application of
the revocation violate Clemen's right to due process as a
taxpayer?
(A) Yes, since the presumption is that the BIR ascertained the
facts before it made its ruling.
(B) No, because he acted in bad faith when he claimed a lower
net retail price than what he actually used.
(C) No, since he could avail of remedies available for disputing
the assessment.
(D) Yes, since he had already acquired a vested right in the
favorable BIR ruling.
(28) Don Fortunato, a widower, died in May, 2011. In his will,
he left his estate of P100 million to his four children. He named
his compadre, Don Epitacio, to be the administrator of the
estate. When the BIR sent a demand letter to Don Epitacio for
the payment of the estate tax, he refused to pay claiming that
he did not benefit from the estate, he not being an heir.
Forthwith, he resigned as administrator. As a result of the
resignation, who may be held liable for the payment of the
estate tax?
(A) Don Epitacio since the tax became due prior to his
resignation.
(B) The eldest child who would be reimbursed by the others.
(C) All the four children, the tax to be divided equally among
them.
(D) The person designated by the will as the one liable.
(29) On July 31, 2011, Esperanza received a preliminary
assessment notice from the BIR demanding that she pays
P180,000.00 deficiency income taxes on her 2009 income.
How many days from July 31, 2011 should Esperanza respond
to the notice?
(A) 180 days.
(B) 30 days.
(C) 60 days.
(D) 15 days.
(30) The BIR could not avail itself of the remedy of levy and
distraint to implement, through collection, an assessment that
has become final, executory, and demandable where
(A) the subject of the assessment is an income tax.
(B) the amount of the tax involved does not exceed P100.00.
(C) the corporate taxpayer has no other uncollected tax liability.
(D) the taxpayer is an individual compensation income earner.
(31) Alain Descartes, a French citizen permanently residing in
the Philippines, received several items during the taxable year.
Which among the following is NOT subject to Philippine income
taxation?
(A) Consultancy fees received for designing a computer
program and installing the same in the Shanghai facility of a
Chinese firm.
(B) Interests from his deposits in a local bank of foreign
currency earned abroad converted to Philippine pesos.
(C) Dividends received from an American corporation which

53
derived 60% of its annual gross receipts from Philippine
sources for the past 7 years.
(D) Gains derived from the sale of his condominium unit
located in The Fort, Taguig City to another resident alien.
(32) Income is considered realized for tax purposes when
(A) it is recognized as revenue under accounting standards
even if the law does not do so.
(B) the taxpayer retires from the business without approval
from the BIR.
(C) the taxpayer has been paid and has received in cash or
near cash the taxable income.
(D) the earning process is complete or virtually complete and
an exchange has taken place.
(33) Which among the following circumstances negates the
prima facie presumption of correctness of a BIR assessment?
(A) The BIR assessment was seasonably protested within 30
days from receipt.
(B) No preliminary assessment notice was issued prior to the
assessment notice.
(C) Proof that the assessment is utterly without foundation,
arbitrary, and capricious.
(D) The BIR did not include a formal letter of demand to pay
the alleged deficiency.
(34) On March 30, 2005 Miguel Foods, Inc. received a notice of
assessment and a letter of demand on its April 15, 2002 final
adjustment return from the BIR. Miguel Foods then filed a
request for reinvestigation together with the requisite
supporting documents on April 25, 2005. On June 2, 2005, the
BIR issued a final assessment reducing the amount of the tax
demanded. Since Miguel Foods was satisfied with the
reduction, it did not do anything anymore. On April 15, 2010
the BIR garnished the corporation's bank deposits to answer
for the tax liability. Was the BIR action proper?
(A) Yes. The BIR has 5 years from the filing of the protest
within which to collect.
(B) Yes. The BIR has 5 years from the issuance of the final
assessment within which to collect.
(C) No. The taxpayer did not apply for a compromise.
(D) No. Without the taxpayers prior authority, the BIR action
violated the Bank Deposit Secrecy Law.
(35) Which among the following taxpayers is required to use
only the calendar year for tax purposes?
(A) Partnership exclusively for the design of government
infrastructure projects considered as practice of civil
engineering.
(B) Joint-stock company formed for the purpose of undertaking
construction projects.
(C) Business partnership engaged in energy operations under
a service contract with the government.
(D) Joint account (cuentas en participacion) engaged in the
trading of mineral ores.
(36) Spanflex Intl Inc. received a notice of assessment from
the BIR. It seasonably filed a protest with all the necessary
supporting documents but the BIR failed to act on the protest.
Thirty days from the lapse of 180 days from the filing of its
protest, Spanflex still has not elevated the matter to the CTA.
What remedy, if any, can Spanflex take?
(A) It may file a motion to admit appeal if it could prove that its
failure to appeal was due to the negligence of counsel.
(B) It may no longer appeal since there is no BIR decision from
which it could appeal.
(C) It may wait for the final decision of the BIR on his protest
and appeal it to the CTA within 30 days from receipt of such
decision.
(D) None. Its right to appeal to the CTA has prescribed.
(37) Gerardo died on July 31, 2011. His estate tax return
should be filed within
(A) six months from filing of the notice of death.
(B) sixty days from the appointment of an administrator.
(C) six months from the time he died on July 31, 2011.
(D) sixty days from the time he died on July 31, 2011.
(38) Income from dealings in property (real, personal, or mixed)
is the gain or loss derived
(A) only from the cash sales of property.
(B) from cash and gratuitous receipts of property.
(C) from sale and lease of property.
(D) only from the sale of property.
(39) In March 2009, Tonette, who is fond of jewelries, bought a
diamond ring for P750,000.00, a bracelet for P250,000.00, a
necklace for P500,000.00, and a brooch for P500,000.00.
Tonette derives income from the exercise of her profession as
a licensed CPA. In October 2009, Tonette sold her diamond
ring, bracelet, and necklace for only P1.25 million incurring a
loss of P250,000.00. She used the P1.25 million to buy a solo
diamond ring in November 2009 which she sold for P1.5 million

54
in September 2010. Tonette had no other transaction in jewelry
in 2010. Which among the following describes the tax
implications arising from the above transactions?
(A) Tonette may deduct his 2009 loss only from her 2009
professional income.
(B) Tonette may carry over and deduct her 2009 loss only from
her 2010 gain.
(C) Tonette may carry over and deduct her 2009 loss from her
2010 professional income as well as from her gain.
(D) Tonette may not deduct her 2009 loss from both her 2010
professional income and her gain.
(40) Anion, Inc. received a notice of assessment and a letter
from the BIR demanding the payment of P3 million pesos in
deficiency income taxes for the taxable year 2008. The
financial statements of the company show that it has been
suffering financial reverses from the year 2009 up to the
present. Its asset position shows that it could pay only
P500,000.00 which it offered as a compromise to the BIR.
Which among the following may the BIR require to enable it to
enter into a compromise with Anion, Inc.?
(A) Anion must show it has faithfully paid taxes before 2009.
(B) Anion must promise to pay its deficiency when financially
able.
(C) Anion must waive its right to the secrecy of its bank
deposits.
(D) Anion must immediately deposit the P500,000.00 with the
BIR.
(41) Real property owned by the national government is
exempt from real property taxation unless the national
government
(A) transfers it for the use of a local government unit.
(B) leases the real property to a business establishment.
(C) gratuitously allows its use for educational purposes by a
school established for profit.
(D) sells the property to a government-owned non-profit
corporation.
(42) Dondon and Helena were legally separated. They had six
minor children, all qualified to be claimed as additional
exemptions for income tax purposes. The court awarded
custody of two of the children to Dondon and three to Helena,
with Dondon directed to provide full financial support for them
as well. The court awarded the 6th child to Dondon's father
with Dondon also providing full financial support. Assuming that
only Dondon is gainfully employed while Helena is not, for how
many children could Dondon claim additional exemptions when
he files his income tax return?
(A) Six children.
(B) Five children.
(C) Three children.
(D) Two children.
(43) Political campaign contributions are NOT deductible from
gross income
(A) if they are not reported to the Commission on Elections.
(B) if the candidate supported wins the election because of
possible corruption.
(C) since they do not help earn the income from which they are
to be deducted.
(D) since such amounts are not considered as income of the
candidate to whom given.
(44) When a BIR decision affirming an assessment is appealed
to the CTA, the BIR's power to garnish the taxpayer's bank
deposits
(A) is suspended to await the finality of such decision.
(B) is suspended given that the CTA can reverse BIR decisions
when prejudicial to the taxpayer.
(C) is not suspended because only final decisions of the BIR
are subject to appeal.
(D) is not suspended since the continued existence of
government depends on tax revenues.
(45) Real property taxes should not disregard increases in the
value of real property occurring over a long period of time. To
do otherwise would violate the canon of a sound tax system
referred to as
(A) theoretical justice.
(B) fiscal adequacy.
(C) administrative feasibility.
(D) symbiotic relationship.
(46) The power to tax is the power to destroy. Is this always
so?
(A) No. The Executive Branch may decide not to enforce a tax
law which it believes to be confiscatory.
(B) Yes. The tax collectors should enforce a tax law even if it
results to the destruction of the property rights of a taxpayer.
(C) Yes. Tax laws should always be enforced because without

55
taxes the very existence of the State is endangered.
(D) No. The Supreme Court may nullify a tax law, hence,
property rights are not affected.
(47) Jeopardy assessment is a valid ground to compromise a
tax liability
(A) involving deficiency income taxes only, but not for other
taxes.
(B) because of doubt as to the validity of the assessment.
(C) if the compromise amount does not exceed 10% of the
basic tax.
(D) only when there is an approval of the National Evaluation
Board.
(48) Zygomite Minerals, Inc., a corporation registered and
holding office in Australia, not operating in the Philippines, may
be subject to Philippine income taxation on
(A) gains it derived from sale in Australia of an ore crusher it
bought from the Philippines with the proceeds converted to
pesos.
(B) gains it derived from sale in Australia of shares of stock of
Philex Mining Corporation, a Philippine corporation.
(C) dividends earned from investment in a foreign corporation
that derived 40% of its gross income from Philippine sources.
(D) interests derived from its dollar deposits in a Philippine
bank under the Expanded Foreign Currency Deposit System.
(49) As a general rule, within what period must a taxpayer
elevate to the Court of Tax Appeals a denial of his application
for refund of income tax overpayment?
(A) Within 30 days from receipt of the Commissioners denial of
his application for refund.
(B) Within 30 days from receipt of the denial which must not
exceed 2 years from payment of income tax.
(C) Within 2 years from payment of the income taxes sought to
be refunded.
(D) Within 30 days from receipt of the denial or within two
years from payment.
(50) After the province has constructed a barangay road, the
Sangguniang Panglalawigan may impose a special levy upon
the lands specifically benefitted by the road up to an amount
not to exceed
(A) 60% of the actual cost of the road without giving any
portion to the barangay.
(B) 100% of the actual project cost without giving any portion to
the barangay.
(C) 100% of the actual project cost, keeping 60% for the
province and giving 40% to the barangay.
(D) 60% of the actual cost, dividing the same between the
province and the barangay.
(51) Celia donated P110,000.00 to her friend Victoria who was
getting married. Celia gave no other gift during the calendar
year. What is the donor's tax implication on Celias donation?
(A) The P100,000.00 portion of the donation is exempt since
given in consideration of marriage.
(B) A P10,000.00 portion of the donation is exempt being a
donation in consideration of marriage.
(C) Celia shall pay a 30% donor's tax on the P110,000.00
donation.
(D) The P100,000.00 portion of the donation is exempt under
the rate schedule for donor's tax.
(52) Levox Corporation wanted to donate P5 million as prize
money for the world professional billiard championship to be
held in the Philippines. Since the Billiard Sports Confederation
of the Philippines does not recognize the event, it was held
under the auspices of the International Professional Billiards
Association, Inc. Is Levox subject to the donor's tax on its
donation?
(A) No, so long as the donated money goes directly to the
winners and not through the association.
(B) Yes, since the national sports association for billiards does
not sanction the event.
(C) No, because it is donated as prize for an international
competition under the billiards association.
(D) Yes, but only that part that exceeds the first P100,000.00 of
total Levox donations for the calendar year.
(53) A violation of the tariff and customs laws is the failure to
(A) pay the customs duties and taxes and to comply with the
rules on customs procedures.
(B) pay the customs duties and taxes or to comply with the
rules on customs procedures.
(C) pay the customs duties and taxes.
(D) comply with the rules on customs procedures.
(54) What is the effect on the tax liability of a taxpayer who
does not protest an assessment for deficiency taxes?
(A) The taxpayer may appeal his liability to the CTA since the
assessment is a final decision of the Commissioner on the

56
matter.
(B) The BIR could already enforce the collection of the
taxpayer's liability if it could secure authority from the CTA.
(C) The taxpayer's liability becomes fixed and subject to
collection as the assessment becomes final and collectible.
(D) The taxpayer's liability remains suspended for 180 days
from the expiration of the period to protest.
(55) A non-stock, non-profit school always had cash flow
problems, resulting in failure to recruit well-trained
administrative personnel to effectively manage the school. In
2010, Don Leon donated P100 million pesos to the school,
provided the money shall be used solely for paying the
salaries, wages, and benefits of administrative personnel. The
donation represents less than 10% of Don Leon's taxable
income for the year. Is he subject to donor's taxes?
(A) No, since the donation is actually, directly, and exclusively
used for educational purposes.
(B) Yes, because the donation is to be wholly used for
administration purposes.
(C) Yes, since he did not obtain the requisite NGO certification
before he made the donation.
(D) No, because the donation does not exceed 10% of his
taxable income for 2010.
(56) What is the tax base for the imposition by the province of
professional taxes?
(A) That which Congress determined.
(B) The pertinent provision of the local Government Code.
(C) The reasonable classification made by the provincial
sanggunian.
(D) That which the Dept. of Interior and Local Government
determined.
(57) There is prima facie evidence of a false or fraudulent
return where the
(A) tax return was amended after a notice of assessment was
issued.
(B) tax return was filed beyond the reglementary period.
(C) taxpayer changed his address without notifying the BIR.
(D) deductions claimed exceed by 30% the actual deductions.
(58) The proceeds received under a life insurance endowment
contract is NOT considered part of gross income
(A) if it is so stated in the life insurance endowment policy.
(B) if the price for the endowment policy was not fully paid.
(C) where payment is made as a result of the death of the
insured.
(D) where the beneficiary was not the one who took out the
endowment contract.
(59) The excess of allowable deductions over gross income of
the business in a taxable year is known as
(A) net operating loss.
(B) ordinary loss.
(C) net deductible loss.
(D) NOLCO.
(60) No action shall be taken by the BIR on the taxpayers
disputed issues until the taxpayer has paid the deficiency taxes
(A) when the assessment was issued against a false and
fraudulent return.
(B) if there was a failure to pay the deficiency tax within 60
days from BIR demand.
(C) if the Regional Trial Court issues a writ of preliminary
injunction to enjoin the BIR.
(D) attributable to the undisputed issues in the assessment
notice.
(61) Is an article previously exported from the Philippines
subject to the payment of customs duties?
(A) Yes, because all articles that are imported from any foreign
country are subject to duty.
(B) No, because there is no basis for imposing duties on
articles previously exported from the Philippines.
(C) Yes, because exemptions are strictly construed against the
importer who is the taxpayer.
(D) No, if it is covered by a certificate of identification and has
not been improved in value.
(62) Prior to the enactment of the Local Government Code,
consumer's cooperatives registered under the Cooperative
Development Act enjoyed exemption from all taxes imposed by
a local government. With the Local Government Codes
withdrawal of exemptions, could these cooperatives continue to
enjoy such exemption?
(A) Yes, because the Local Government Code, a general law,
could not amend a special law such as the Cooperative
Development Act.
(B) No, Congress has not by the majority vote of all its

57
members granted exemption to consumers' cooperatives.
(C) No, the exemption has been withdrawn to level the playing
field for all taxpayers and preserve the LGUs' financial position.
(D) Yes, their exemption is specifically mentioned among those
not withdrawn by the Local Government Code.
(63) Under the Tariff and Customs Code, abandoned imported
articles becomes the property of the
(A) government whatever be the circumstances.
(B) insurance company that covered the shipment.
(C) shipping company in case the freight was not paid.
(D) bank if the shipment is covered by a letter of credit.
(64) Ka Tato owns a parcel of land in San Jose, Batangas
declared for real property taxation, as agricultural. In 1990, he
used the land for a poultry feed processing plant but continued
to declare the property as agricultural. In March 2011, the local
tax assessor discovered Ka Tatos change of use of his land
and informed the local treasurer who demanded payment of
deficiency real property taxes from 1990 to 2011. Has the
action prescribed?
(A) No, the deficiency taxes may be collected within five years
from when they fell due.
(B) No. The deficiency taxes for the period 1990 up to 2011
may still be collected within 10 years from March 2011.
(C) Yes. More than 10 years had lapsed for the period 1990 up
to 2000, hence the right to collect the deficiency taxes has
prescribed.
(D) Yes. More than 5 years had lapsed for the collection of the
deficiency taxes for the period 1990 up to 2005.
(65) Pierre de Savigny, a Frenchman, arrived in the Philippines
on January 1, 2010 and continued to live and engage in
business in the Philippines. He went on a tour of Southeast
Asia from August 1 to November 5, 2010. He returned to the
Philippines on November 6, 2010 and stayed until April 15,
2011 when he returned to France. He earned during his stay in
the Philippines a gross income of P3 million from his
investments in the country. For the year 2010, Pierres taxable
status is that of
(A) a non-resident alien not engaged in trade or business in the
Philippines.
(B) a non-resident alien engaged in trade or business in the
Philippines.
(C) a resident alien not engaged in trade or business in the
Philippines.
(D) a resident alien engaged in trade or business in the
Philippines.
(66) Lualhati Educational Foundation, Inc., a stock educational
institution organized for profit, decided to lease for commercial
use a 1,500 sq. m. portion of its school. The school actually,
directly, and exclusively used the rents for the maintenance of
its school buildings, including payment of janitorial services. Is
the leased portion subject to real property tax?
(A) Yes, since Lualhati is a stock and for profit educational
institution.
(B) No, since the school actually, directly, and exclusively used
the rents for educational purposes.
(C) No, but it may be subject to income taxation on the rents it
receives.
(D) Yes, since the leased portion is not actually, directly, and
exclusively used for educational purposes.
(67) Apparently the law does not provide for the refund of real
property taxes that have been collected as a result of an
erroneous or illegal assessment by the provincial or city
assessor. What should be done in such instance to avoid an
injustice?
(A) Question the legality of the no-refund rule before the
Supreme Court.
(B) Enact a new ordinance amending the erroneous or illegal
assessment to correct the error.
(C) Subsequent adjustment in tax computation and the
application of the excess payment to future real property tax
liabilities.
(D) Pass a new ordinance providing for the refund of real
property taxes that have been erroneously or illegally collected.
(68) What should the BIR do when the prescriptive period for
the assessment of a tax deficiency is about to prescribe but the
taxpayer has not yet complied with the BIR requirements for
the production of books of accounts and other records to
substantiate the claimed deductions, exemptions or credits?
(A) Call the taxpayer to a conference to explain the delay.
(B) Immediately conduct an investigation of the taxpayer's
activities.
(C) Issue a jeopardy assessment coupled with a letter of
demand.
(D) Issue a notice of constructive distraint to protect
government interest.
(69) Money collected from taxation shall not be paid to any
religious dignitary EXCEPT when
(A) the religious dignitary is assigned to the Philippine Army.
(B) it is paid by a local government unit.

58
(C) the payment is passed in audit by the COA.
(D) it is part of a lawmakers pork barrel.
(70) Discriminatory duties may NOT be imposed upon articles
(A) wholly manufactured in the discriminating country but
carried by vessels of another country.
(B) not manufactured in the discriminating country but carried
by vessels of such country.
(C) partly manufactured in the discriminating country but
carried by vessels of another country.
(D) not manufactured in the discriminating country and carried
by vessels of another country.
(71) The taxpayer seasonably filed his protest together with all
the supporting documents. It is already July 31, 2011, or 180
days from submission of the protest but the BIR Commissioner
has not yet decided his protest. Desirous of an early resolution
of his protested assessment, the taxpayer should file his
appeal to the Court of Tax Appeals not later than
(A) August 31, 2011.
(B) August 30, 2011.
(C) August 15, 2011.
(D) August 1, 2011.
(72) Which of the following are NOT usually imposed when
there is a tax amnesty?
(A) Civil, criminal, and administrative penalties
(B) Civil and criminal penalties
(C) Civil and administrative penalties
(D) Criminal and administrative penalties
(73) Which among the following concepts of taxation is the
basis for the situs of income taxation?
(A) Lifeblood doctrine of taxation
(B) Symbiotic relation in taxation
(C) Compensatory purpose of taxation
(D) Sumptuary purpose of taxation
(74) In "Operation Kandado," the BIR temporarily closed
business establishments, including New Dynasty Corporation
that failed to comply with VAT regulations. New Dynasty
contends that it should not be temporarily closed since it has a
valid and existing VAT registration, it faithfully issued VAT
receipts, and filed the proper VAT returns. The contention may
be rejected if the BIR investigation reveals that
(A) the taxpayer has not been regularly filing its income tax
returns for the past 4 years.
(B) the taxpayer deliberately filed a false and fraudulent return
with deliberate intention to evade taxes.
(C) the taxpayer used falsified documents to support its
application for refund of taxes.
(D) there was an understatement of taxable sales or receipts
by 30% or more for the taxable quarter.
(75) The head priest of the religious sect Tres Personas Solo
Dios, as the corporation sole, rented out a 5,000 sq. m. lot
registered in its name for use as school site of a school
organized for profit. The sect used the rentals for the support
and upkeep of its priests. The rented lot is
(A) not exempt from real property taxes because the user is
organized for profit.
(B) exempt from real property taxes since it is actually, directly,
and exclusively used for religious purposes.
(C) not exempt from real property taxes since it is the rents, not
the land, that is used for religious purposes.
(D) exempt from real property taxes since it is actually, directly,
and exclusively used for educational purposes.
Bar Examination Questionnaire for Labor Law Set A
(1) The unions by-laws provided for burial assistance to the
family of a member who dies. When Carlos, a member, died,
the union denied his wife's claim for burial assistance,
compelling her to hire a lawyer to pursue the claim. Assuming
the wife wins the case, may she also claim attorney's fees?
(A) No, since the legal services rendered has no connection to
CBA negotiation.
(B) Yes, since the union should have provided her the
assistance of a lawyer.
(C) No, since burial assistance is not the equivalent of wages.
(D) Yes, since award of attorney's fee is not limited to cases of
withholding of wages.
(2) Pol requested Obet, a union officer and concurrently
chairman of the company's Labor-Management Council, to
appeal to the company for a recomputation of Pols overtime
pay. After 5 p.m., his usual knock-off time, Obet spent two
hours at the Personnel Office, reconciling the differing
computations of Pols overtime. Are those two hours
compensable?
(A) Yes, because Obet performed work within the company
premises.

59
(B) No, since Obets action has nothing to do with his regular
work assignment.
(C) No, because the matter could have been resolved in the
labor-management council of which he is the chairman.
(D) Yes, because the time he spent on grievance meetings is
considered hoursworked.
(3) The Labor Code on retirement pay expands the term one-
half () month salary because it means
(A) 15 days' pay plus 1/12th of the 13th month pay and 1/12th
of the cash value of service incentive leave.
(B) 15 days' pay plus 1/12th of the 13th month pay and the
cash equivalent of five days service incentive leave.
(C) 15 days pay plus a full 13th month pay.
(D) 15 calendar days' pay per year of service plus allowances
received during the retirement year.
(4) A foreign guest in a luxury hotel complained that he lost
certain valuable items in his hotel room. An investigation by the
hotel pointed to two roomboys as the most probable thieves.
May the management invoke loss of confidence as a just
cause for dismissing the roomboys?
(A) No, loss of confidence as reason for dismissal does not
apply to rank and file employees.
(B) No, loss of confidence applies only to confidential
positions.
(C) Yes, loss of confidence is broad enough to cover all
dishonest acts of employee.
(D) RIGHT ANSWER Yes, loss of confidence applies to
employees who are charged with the care and custody of the
employer's property.
(5) Tower Placement Agency supplies manpower to Lucas
Candy Factory to do work usually necessary for work done at
its factory. After working there for more than two years under
the factory managers supervision, the workers demanded that
Lucas extend to them the same employment benefits that their
directly hired workers enjoyed. Is their demand valid?
(A) Yes, since it was Lucas that actually hired and supervised
them to work at itsfactory.
(B) No, since the agency workers are not employees of the
client factory.
(C) Yes, since they have been working at the factory in excess
of two years.
(D) No, since it was the placement agency that got them their
jobs.
(6) Both apprenticeship and learnership are government
programs to provide practical on-the-job training to new
workers. How do they differ with respect to period of training?.
(A) In highly technical industries, apprenticeship can exceed 6
months; learnership can exceed one year.
(B) Apprenticeship cannot exceed 6 months; learnership can.
(C) Apprenticeship shall not exceed six months; while
learnership shall not exceed three months.
(D) The law lets the employer and the apprentice agree on the
apprenticeship period; but the law fixes learnership period at
six months in non-technical industries.
(7) Venus Department Store decided to contract out the
security services that its 10 direct-hired full-time security
guards provided. The company paid the men separation pay.
With this move, the Store was able to cut costs and secure
efficient outside professional security services. But the
terminated security guards complained of illegal dismissal,
claiming that regular jobs such as theirs could not be
contracted out. Will their complaint prosper?
(A) No. the management has the right to contract out jobs to
secure efficient and economical operations.
(B) Yes. They should be reinstated or absorbed by the security
agency as its employees.
(C) No. They are estopped from demanding reinstatement after
receiving their separation pay.
(D) Yes. The company cannot contract out regular jobs such as
they had.
(8) Although both are training programs, apprenticeship is
different from learnership in that
(A) a learner may be paid 25% less than the legal minimum
wage while an apprentice is entitled to the minimum wage.
(B) apprenticeship has to be covered by a written agreement;
no such formality is needed in learnership.
(C) in learnership, the employer undertakes to make the
learner a regular employee; in apprenticeship, no such
undertaking.
(D) a learner is deemed a regular employee if terminated
without his fault within one month of training; an apprentice
attains employment status after six months of apprenticeship.
(9) A golf and country club outsourced the jobs in its food and
beverage department and offered the affected employees an
early retirement package of 1 months pay for each year of
service. The employees who accepted the package executed
quitclaims. Thereafter, employees of a service contractor
performed their jobs. Subsequently, the management
contracted with other job contractors to provide other services
like the maintenance of physical facilities, golf operations, and

60
administrative and support services. Some of the separated
employees who signed quitclaims later filed complaints for
illegal dismissal. Were they validly dismissed?
(A) Yes. The jobs were given to job contractors, not to labor-
only contractors, and the dismissed employees received higher
separation pay than the law required.
(B) No. The outsourcing and the employment termination were
invalid since the management failed to show that it suffered
severe financial losses.
(C) No. Since the outsourcing of jobs in several departments
entailed the separation of many employees, the club needed
the Secretary of Labors approval of its actions.
(D) No. Since the outsourced jobs were held by old-time
regular employees, it was illegal for the club to terminate them
and give the jobs to others.
(10) Sampaguita Company wants to embark on a retrenchment
program in view of declining sales. It identified five employees
that it needed to separate. The human resource manager
seems to recall that she has to give the five employees and the
DOLE a 30-day notice but she feels that she can give a shorter
notice. What will you advise her?
(A) Instead of giving a 30-day notice, she can just give a 30-
day advanced salary and make the separation effective
immediately.
(B) So long as she gave DOLE a 30-day prior notice, she can
give the employees a shorter notice.
(C) The 30-day advance notice to the employee and the DOLE
cannot be shortened even with a 30-day advance salary.
(D) She can give a shorter notice if the retrenchment is due to
severe and substantial losses.
(11) Under the Labor Code, its provisions on working
conditions, including the eight-hour work day rule, do not apply
to domestic helpers. Does it follow from this that a domestic
helper's workday is not limited by law?
(A) No, since a domestic helper cannot be required to work
more than ten hours a day.
(B) Yes, since a domestic helper's hours of work depend on
the need of the household he or she works for.
(C) No, because a domestic helper is legally entitled to
overtime pay after ten hours of work.
(D) Yes, a domestic helper may be required to work twelve
hours a day or beyond.
(12) Under the Labor Code on Working Conditions and Rest
Periods, a person hired by a high company official but paid for
by the company to clean and maintain his staff house is
regarded as
(A) a person rendering personal service to another.
(B) a regular company employee.
(C) a family member.
(D) domestic helper.
(13) The union filed a notice of strike due to a bargaining
deadlock. But, because the Secretary of Labor assumed
jurisdiction over the dispute, the strike was averted. Meanwhile,
the employer observed that the union engaged in a work
slowdown. Contending that the slowdown was in fact an illegal
strike, the employer dismissed all the union officers. The union
president complained of illegal dismissal because the employer
should first prove his part in the slowdown. Is the union
president correct?
(A) Yes, since the employer gave him no notice of its finding
that there was a slowdown.
(B) Yes. The employer must prove the union presidents part in
slowdown.
(C) No. When a strike is illegal, the management has the right
to dismiss the union president.
(D) No. As the union president, it may be assumed that he led
the slowdown.
(14) The existing collective bargaining unit in Company X
includes some fifty secretaries and clerks who routinely
record and monitor reports required by their department heads.
Believing that these secretaries and clerks should not be union
members because of the confidential nature of their work, the
management discontinued deducting union dues from their
salaries. Is the managements action legal?
(A) No, only managers are prohibited from joining unions; the
law does not bar confidential employees from joining unions.
(B) No, confidential employees are those who assist persons
who formulate, determine, or enforce management policies in
the field of labor relations.
(C) Yes, secretaries and clerks of company executives are
extensions of the management and, therefore, should not join
the union.
(D) No, confidential employees are those who handle
executive records and payroll or serve as executive secretaries
of top-level managers.
(15) Jose Lovina had been member of the board of directors
and Executive Vice President of San Jose Corporation for 12
years. In 2008, the San Jose stockholders did not elect him to
the board of directors nor did the board reappoint him as
Executive Vice President. He filed an illegal dismissal
complaint with a Labor Arbiter. Contending that the Labor
Arbiter had no jurisdiction over the case since Lovina was not
an employee, the company filed a motion to dismiss. Should
the motion be granted?

61
(A) No, the Labor Arbiter has jurisdiction over all termination
disputes.
(B) Yes, it is the NLRC that has jurisdiction over disputes
involving corporate officers.
(C) No, a motion to dismiss is a prohibited pleading under the
NLRC Rules of Procedure.
(D) Yes, jurisdiction lies with the regular courts since the
complainant was a corporate officer.
(16) An employee proved to have been illegally dismissed is
entitled to reinstatement and full backwages computed on the
basis of his
(A) basic salary plus the regular allowances and the thirteenth
month pay.
(B) basic salary plus the salary CBA increases during the
pendency of his case.
(C) basic salary plus the increases mandated by wage orders
issued during the pendency of his case.
(D) basic salary at the time of dismissal.
(17) The meal time (lunch break) for the dining crew in Glorious
Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m.
to 2:30 p.m., with pay. But the management wants to change
the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m.,
without pay. Will the change be legal?
(A) Yes, absent an agreement to the contrary, the
management determines work hours and, by law, meal break
is without pay.
(B) No, because lunchbreak regardless of time should be with
pay.
(C) Yes, the management has control of its operations.
(D) No, because existing practice cannot be discontinued
unilaterally.
(18) The employees union in San Joaquin Enterprise
continued their strike despite a return to work order from the
Secretary of Labor. Because of this defiance, the employer
dismissed the strikers. But the Labor Arbiter declared as illegal
the dismissal of those whose commission of unlawful acts had
not been proved. They were ordered immediately reinstated.
The employer refused, however, to reinstate them on the
ground that the rule on immediate reinstatement applies only to
terminations due to just or authorized causes. Is the employers
refusal justified?
(A) No, every employee found to have been illegally dismissed
is entitled to immediate reinstatement even pending appeal.
(B) Yes. The employers refusal is legal and justified as a
penalty for defying the secretarys lawful order.
(C) Yes, the rule on immediate reinstatement does not apply to
employees who have defied a return-to-work order.
(D) No. The dismissal of the employees was valid;
reinstatement is unwarranted.
(19) Llanas Corporation and Union X, the certified bargaining
agent of its employees, concluded a CBA for the period
January 1, 2000 to December 31, 2004. But, long before the
CBA expired, members of Union Y, the minority union, showed
dissatisfaction with the CBA under the belief that Union X was
a company union. Agitated by its members, Union Y filed a
petition for a Certification Election on December 1, 2002. Will
the petition prosper?
(A) No, such a petition can only be filed within the freedom
period of the CBA.
(B) No, since a petition for certification can be filed only upon
the expiration of the CBA.
(C) Yes, a certification is the right remedy for ousting a
company union.
(D) Yes, employees should be allowed to cancel at the earliest
opportunity a CBA that they believed was obtained by a
company union.
(20) Is it correct to say that under Philippine law a househelper
has no right to security of tenure?
(A) No, since a househelper can be dismissed only for just
cause or when his agreed period of employment ends.
(B) Yes, since it is the employer who determines the period of
his service.
(C) Yes, since a househelper can be dismissed with or without
just cause.
(D) No, since a househelper can be dismissed only for just
cause, except when he has been employed for a definite
period not exceeding one year.
(21) Reach-All, a marketing firm with operating capital of
P100,000, supplied sales persons to pharmaceutical
companies to promote their products in hospitals and doctors'
offices. Reach-All trained these sales persons in the art of
selling but it is the client companies that taught them the
pharmacological qualities of their products. Reach-Alls roving
supervisors monitored, assessed, and supervised their work
performance. Reach-All directly paid their salaries out of
contractor's fees it received. Under the circumstances, can the
sales persons demand that they be absorbed as employees of
the pharmaceutical firms?
(A) No, they are Reach-Alls employees since it has control
over their work performance.
(B) Yes, since they receive training from the pharmaceutical
companies regarding the products they will promote.

62
(C) No, since they are bound by the agency agreement
between Reach-All and the pharmaceutical companies.
(D) Yes, since Reach-All does does not qualify as independent
contractoremployer, its clients being the source of the
employees salaries.
(22) Executive Order No. 180, which protects government
employees, does NOT apply to high-level employees,
namely,
(A) presidential appointees.
(B) those performing policy-determining functions, excluding
confidential employees and supervisors.
(C) confidential employees and those performing policy-
determining functions.
(D) elective officials.
(23) In the case of a househelper, reinstatement is not a
statutory relief for unjust dismissal because of the
confidentiality of his or her job. Instead, the househelper shall
be paid
(A) an indemnity equivalent to 15 days' pay plus compensation
already earned.
(B) a separation pay equivalent to one month's pay per year of
service.
(C) a separation pay equivalent to one-half month's pay per
year of service.
(D) 15 days' pay as indemnity plus wages lost from dismissal
to finality of decision.
(24) The CBA for the period January 2007 to December 2009
granted the employees a P40 per day increase with the
understanding that it is creditable as compliance to any future
wage order. Subsequently, the regional wage board increased
by P20 the minimum wage in the employers area beginning
January 2008. The management claims that the CBA increase
may be considered compliance even if the Wage Order itself
said that CBA increase is not creditable as compliance to the
Wage Order. Is the management's claim valid?
(A) Yes, since creditability of the CBA increase is the free and
deliberate agreement and intention of the parties.
(B) Yes, since the Wage Order cannot prejudice the
managements vested interest in the provisions of the CBA.
(C) No, disallowing creditability of CBA pay increase is within
the wage board's authority.
(D) No, the CBA increase and the Wage Order are essentially
different and are to be complied with separately.
(25) When an employee works from 8 a.m. to 5 p.m. on a legal
holiday falling on his rest day, which of the following formulas
do you use to compute for his day's wage on that day?
(A) His regular daily wage multiplied by 200% plus 30% of the
200%
(B) His regular daily wage multiplied by 200%
(C) His regular daily wage plus 200%
(D) His daily regular wage
(26) The employees rights to organize and to bargain
collectively are means of exercising the broader right to
participate in policy or decision-making processes. The
employees' right to participate in policy and decision making
processes is available
(A) if a labor-management council exists.
(B) if a labor-management council does not exist.
(C) if a union exists and it agrees to the creation of a labor-
management council.
(D) whether or not a labor-management council exists.
(27) If not used by the end of the year, the service incentive
leave shall be
(A) carried over to the next year.
(B) converted to its money equivalent.
(C) forfeited.
(D) converted to cash and paid when the employee resigns or
retires.
(28) An employee is NOT entitled to financial assistance in
cases of legal dismissal when the dismissal
(A) is based on an offense reflecting the depraved character of
the employee.
(B) is based on serious misconduct or breach of the employer's
trust.
(C) is grounded on any of the just causes provided by the
Labor Code.
(D) when the employee has less than 10 years of service.
(29) In a work-related environment, sexual harassment is
committed when
(A) the offender has authority, influence, or moral ascendancy
over his subordinate victim.
(B) the victims continued employment is conditioned on sexual
favor from her.

63
(C) the female victim grants the demand for sexual favor
against her will.
(D) the victim is not hired because she turned down the
demand for sexual favor.
(30) Government employees may elect a union as their
exclusive representative but this right is not available to
(A) regular employees in government instrumentalities and
agencies.
(B) employees of government-owned and -controlled
corporations without original charters.
(C) employees of government-owned-or-conrolled corporations
with original charters.
(D) employees of provincial and local government units.
(31) Celia, an OFW that Moonshine Agency recruited and
deployed, died in Syria, her place of work. Her death was not
work-related, it appearing that she had been murdered.
Insisting that she committed suicide, the employer and the
agency took no action to ascertain the cause of death and
treated the matter as a closed case. The worker's family sued
both the employer and the agency for moral and exemplary
damages. May such damages be awarded?
(A) Yes, the agency and the employers uncaring attitude
makes them liable for such damages.
(B) Yes, but only the principal is liable for such damages since
the agency had nothing to do with Celias death.
(C) No, since her death is not at all work-related.
(D) No, since her death is not attributable to any act of the
agency or the employer.
(32) When the employer or his representative hurls serious
insult on the honor or person of the employee, the law says
that the employee
(A) may leave work after at least a five-day notice to the
employer.
(B) may leave work at any time and file for constructive
dismissal.
(C) may leave work without giving a 30-day notice to the
employer.
(D) may abandon his job at once.
(33) A sugar mill in Laguna, capitalized at P300 million,
suffered a P10,000.00 loss last year. This year it dismissed
three young female employees who gave birth in the last three
years. In its termination report to DOLE, the sugar mill gave as
reason for the dismissal retrenchment because of losses. Did
it violate any law?
(A) Yes, the law on retrenchment, the sugar mills loses not
being substantial.
(B) Yes, the law against violence committed on women and
children.
(C) No, except the natural law that calls for the protection and
support of women.
(D) No, but the management action confirms suspicion that
some companies avoid hiring women because of higher costs.
(34) Piece rate employees are those who are paid by results
or other non-time basis. As such they are NOT entitled to
overtime pay for work done beyond eight hours if
(A) their workplace is away from the company's principal place
of work.
(B) they fail to fill up time sheets.
(C) the product pieces they do are not countable.
(D) the piece rate formula accords with the labor departments
approved rates.
(35) An employer may require an employee to work on the
employee's rest day
(A) to avoid irreparable loss to the employer.
(B) only when there is a state of calamity.
(C) provided he is paid an extra of at least 50% of his regular
rate.
(D) subject to 24-hour advance notice to the employee.
(36) The State has a policy of promoting collective bargaining
and voluntary arbitration as modes of settling labor disputes.
To this end, the voluntary arbitrators jurisdiction has not been
limited to interpretation and implementation of collective
bargaining agreements and company personnel policies. It
may extend to all other labor disputes, provided
(A) the extension does not cover cases of union busting.
(B) the parties agreed to such extended jurisdiction.
(C) the parties are allowed to appeal the voluntary arbitrator's
decision.
(D) the parties agreed in their CBA to broaden his jurisdiction.
(37) Philworld, a POEA-licensed agency, recruited and
deployed Mike with its principal, Delta Construction Company
in Dubai for a 2-year project job. After he had worked for a
year, Delta and Philworld terminated for unknown reason their
agency agreement. Delta stopped paying Mike's salary. When
Mike returned to the Philippines, he sued both Philworld and
Delta for unpaid salary and damages. May Philworld, the

64
agency, be held liable?
(A) No, since Philworld, the recruitment agency, is not the
employer liable for unpaid wages.
(B) Yes, since the agency is equally liable with the foreign
principal despite the termination of their contract between
them.
(C) Yes, since the law makes the agency liable for the
principals malicious refusal to pay Mikes salary.
(D) No, since Mike did not get paid only after Delta and
Philworld terminated their contract.
(38) Melissa, a coffee shop worker of 5 months, requested her
employer for 5 days' leave with pay to attend to the case that
she filed against her husband for physical assault two weeks
earlier. May the employer deny her request for leave with pay?
(A) Yes, the reason being purely personal, approval depends
on the employers discretion and is without pay.
(B) No, as victim of physical violence of her husband, she is
entitled to five days paid leave to attend to her action against
him.
(C) No, the employer must grant the request but the leave will
be without pay.
(D) Yes, since she is not yet a permanent employee.
(39) Quiel, a househelper in the Wilson household since 2006,
resigned from his job for several reasons. One reason was the
daily 12-hour workday without any rest day. When he left his
job he had unpaid wages totaling P13,500.00 which his
employer refused to pay. He wants to claim this amount though
he is not interested in getting back his job. Where should he file
his claim?
(A) He should file his claim with the DSWD, which will
eventually endorse it to the right agency.
(B) Since he has no interest in reinstatement, he can file his
claim with the office of the regional director of the Department
of Labor.
(C) He should file his claim exceeding P5,000.00 with the office
of the labor arbiters, the regional arbitrators representing the
NLRC.
(D) He should go to the Employees Compensation
Commission.
(40) For labor, the Constitutionally adopted policy of promoting
social justice in all phases of national development means
(A) the nationalization of the tools of production.
(B) the periodic examination of laws for the common good.
(C) the humanization of laws and equalization of economic
forces.
(D) the revision of laws to generate greater employment.
(41) To avail himself of paternity leave with pay, when must the
male employee file his application for leave?
(A) Within one week from the expected date of delivery by the
wife.
(B) Not later than one week after his wifes delivery or
miscarriage
(C) Within a reasonable time from the expected deliver date of
his wife.
(D) When a physician has already ascertained the date the
wife will give birth.
(42) The constitution promotes the principle of shared
responsibility between workers and employers, preferring the
settlement of disputes through
(A) compulsory arbitration.
(B) collective bargaining.
(C) voluntary modes, such as conciliation and mediation.
(D) labor-management councils.
(43) Which of the following is NOT a requisite for entitlement to
paternity leave?
(A) The employee is cohabiting with his wife when she gave
birth or had a miscarriage.
(B) The employee is a regular or permanent employee.
(C) The wife has given birth or suffered a miscarriage.
(D) The employee is lawfully married to his wife.
(44) Of the four grounds mentioned below, which one has been
judicially affirmed as justification for an employees refusal to
follow an employers transfer order?
(A) A transfer to another location is not in the employee's
appointment paper.
(B) The transfer deters the employee from exercising his right
to self-organization.
(C) The transfer will greatly inconvenience the employee and
his family.
(D) The transfer will result in additional housing and travel
expenses for the employee.

65
(45) Of the four definitions below, which one does NOT fit the
definition of solo parent under the Solo Parents Welfare Act?
(A) Solo parenthood while the other parent serves sentence for
at least one year.
(B) A woman who gives birth as a result of rape.
(C) Solo parenthood due to death of spouse.
(D) Solo parenthood where the spouse left for abroad and fails
to give support for more than a year.
(46) Albert and four others signed employment contracts with
Reign Publishers from January 1 to March 31, 2011 to help
clear up encoding backlogs. By first week of April 2011,
however, they remained at work. On June 30 Reigns manager
notified them that their work would end that day. Do they have
valid reason to complain?
(A) No, since fixed term employment, to which they agreed, is
allowed.
(B) Yes, their job was necessary and desirable to the
employers business and, therefore, they are regular
employees.
(C) Yes, when they worked beyond March without an extended
fixed term employment contract, they became regular
employees.
(D) No, since the 3-month extension is allowed in such
employment.
(47) A handicapped worker may be hired as apprentice or
learner, provided
(A) he waives any claim to legal minimum wage.
(B) his work is limited to apprenticeable job suitable to a
handicapped worker.
(C) he does not impede job performance in the operation for
which he is hired.
(D) he does not demand regular status as an employee.
(48) The Secretary of Labor and Employment or his duly
authorized representative, including labor regulations officers,
shall have access to employer's records and premises during
work hours. Why is this statement an inaccurate statement of
the law?
(A) Because the power to inspect applies only to employer
records, not to the premises.
(B) Because only the Secretary of Labor and Employment has
the power to inspect, and such power cannot be delegated.
(C) Because the law allows inspection anytime of the day or
night, not only during work hours.
(D) Because the power to inspect is already delegated to the
DOLE regional directors, not to labor regulations officers.
(49) In industrial homework, the homeworker does at his home
the work that his employer requires of him, using employer-
supplied materials. It differs from regular factory work in the
sense that
(A) the workers are not allowed to form labor organizations.
(B) the workers' pay is fixed by informal agreement between
the workers and their employer.
(C) the workers are under very little supervision in the
performance or method of work.
(D) the workers are simply called homeworkers, not
employees, hence not covered by the social security law.
(50) Which of the following grounds exempts an enterprise
from the service incentive leave law?
(A) The employees already enjoy 15 days vacation leave with
pay.
(B) The employer's business has been suffering losses in the
past three years.
(C) The employer regularly employs seven employees or less.
(D) The company is located in a special economic zone.
(51) Which of the following acts is NOT considered unfair labor
practice (ULP)?
(A) Restraining employees in the exercise of the right to self-
organization.
(B) Union's interference with the employee's right to self-
organization.
(C) Refusal to bargain collectively with the employer.
(D) Gross violation of the collective bargaining agreement by
the union.
(52) In computing for 13th month pay, Balagtas Company used
as basis both the employees regular base pay and the cash
value of his unused vacation and sick leaves. After two and a
half years, it announced that it had made a mistake and was
discontinuing such practice. Is the management action legally
justified?
(A) Yes, since 13th month pay should only be one-twelfth of
the regular pay.
(B) No, since the erroneous computation has ripened into an
established, nonwithdrawable practice.
(C) Yes, an error is not a deliberate decision, hence may be
rectified.

66
(D) No, employment benefits can be withdrawn only through a
CBA negotiation.
(53) Where the petition for a certification election in an
unorganized establishment is filed by a federation, it shall NOT
be required to disclose the
(A) names of the local chapter's officers and members.
(B) names and addresses of the federation officers.
(C) names and number of employees that initiated the union
formation in the enterprise.
(D) names of the employees that sought assistance from the
federation in creating the chapter.
(54) Under the Limited Portability law, funds from the GSIS and
the SSS maybe transferred for the benefit of a worker who
transfers from one system to the other. For this purpose,
overlapping periods of membership shall be
(A) credited only once.
(B) credited in full.
(C) proportionately reduced.
(D) equally divided for the purpose of totalization.
(55) Of the four tests below, which is the most determinative of
the status of a legitimate contractor-employer?
(A) The contractor performs activities not directly related to the
principal's main business.
(B) The contractor has substantial investments in tools,
equipment, and other devices.
(C) The contractor does not merely recruit, supply, or place
workers.
(D) The contractor has direct control over the employees
manner and method of work performance.
(56) X Companys CBA grants each employee a 14th month
year-end bonus. Because the company is in financial difficulty,
its head wants to negotiate the discontinuance of such bonus.
Would such proposal violate the nondiminution rule in the
Labor Code?
(A) No, but it will certainly amount to negotiating in bad faith.
(B) Yes since the rule is that benefits already granted in a CBA
cannot be withdrawn or reduced.
(C) No, since the law does not prohibit a negotiated
discontinuance of a CBA benefit.
(D) Yes, since such discontinuance will cancel the enjoyment
of existing benefits.
(57) Night differential is differentiated from overtime pay in that
(A) while overtime pay is given for overtime work done during
day or night, night differential is given only for work done
between 10:00 p.m. and 6:00 a.m.
(B) while overtime pay is paid to an employee whether on day
shift or night shift, night shift differential is only for employees
regularly assigned to night work.
(C) while overtime pay is for work done beyond eight hours,
night differential is added to the overtime pay if the overtime
work is done between 6:00 p.m. and 12 midnight.
(D) while overtime pay is 25% additional to the employee's
hourly regular wage, night differential is 10% of such hourly
wage without overtime pay.
(58) Differentiate a labor organization from a legitimate labor
organization.
(A) While the employees themselves form a labor
organization, a legitimate labor organization is formed at the
initiative of a national union or federation.
(B) While the members of a labor organization consists only
of rank and file employees, a legitimate labor organization
consists of both supervisory and rank and file employees.
(C) While a labor organization exists for a lawful purpose, a
legitimate labor organization must, in addition, be registered
with the labor department.
(D) While the officers in a labor organization are elected in an
informal way, the officers in legitimate labor organization are
formally elected according to the union's constitution and by-
laws.
(59) The negotiating panels for the CBA of X Company
established a rule that only employees of the company will seat
in each panel. In the next session, the management panel
objected to the presence of the union counsel. Still the
negotiation proceeded. At the next session, the management
panel again objected to the presence of the union counsel as a
non-observance of the no outsider rule. The negotiation
nonetheless proceeded. Does the management panel's
objection to the presence of the union counsel constitute unfair
labor practice through bad-faith bargaining?
(A) Yes, the management is harping on a non-mandatory
matter instead of proceeding with the mandatory subjects of
bargaining.
(B) No, there is no bargaining in bad faith since the bargaining
proceeded anyway.
(C) Yes, the management panel has no legal basis for limiting
the composition of the union negotiating panel.
(D) No, since it is the union that violates the ground rules
fashioned by the parties, it is the one negotiating in bad faith.

67
(60) Which of the following acts is NOT part of the regulatory
and visitorial power of the Secretary of Labor and Employment
over recruitment and placement agencies? The power to
(A) order arrest of an illegal recruiter
(B) inspect premises, books and records
(C) cancel license or authority to recruit
(D) garnish recruiter's bond
(61) Where there is a bargaining deadlock, who may file a
notice of strike?
(A) The majority members of the bargaining unit.
(B) The recognized bargaining agent.
(C) Any legitimate labor organization in the employers
business.
(D) The majority members of the bargaining union.
(62) When a recruitment agency fails to deploy a recruit without
valid reason and without the recruit's fault, the agency is
obligated to
(A) reimburse the recruit's documentary and processing
expenses.
(B) reimburse the recruits expenses with 6% interest.
(C) pay the recruit damages equivalent to one years salary.
(D) find another employer and deploy the recruit within 12
months.
(63) Which of the following is an essential element of illegal
recruitment?
(A) The recruiter demands and gets money from the recruit but
issues no receipt.
(B) The recruiter gives the impression that he is able to send
the recruit abroad.
(C) The recruiter has insufficient capital and has no fixed
address.
(D) The recruiter has no authority to recruit.
(64) A group of 15 regular rank-and-file employees of Bay
Resort formed and registered an independent union. On
hearing of this, the management called the officers to check
who the union members were. It turned out that the members
included the probationary staff, casuals, and the employees of
the landscape contractor. The management contends that
inclusion of non-regulars and employees of a contractor makes
the unions composition inappropriate and its registration
invalid. Is this correct?
(A) Yes, union membership should be confined to direct-hired
employees of the company.
(B) Yes, the community of interest criterion should be
observed not only in the composition of a bargaining unit but
also in the membership of a union.
(C) Yes, a union must have community of interest; the non-
regulars do not have such interest.
(D) No, union membership may include non-regulars since it
differs from membership in a bargaining unit.
(65) Which is NOT a guideline for the dismissal of an employee
on the ground of loss of confidence?
(A) Loss of confidence may not be arbitrarily invoked in the
face of overwhelming evidence to the contrary.
(B) Loss of confidence as cause of dismissal should be
expressly embodied in written company rules.
(C) The employee holds a position of trust and confidence.
(D) Loss of confidence should not be simulated nor a mere
afterthought to justify earlier action taken in bad faith.
(66) Pedring, Daniel, and Paul were employees of Delibakery
who resigned from their jobs but wanted to file money claims
for unpaid wages and 13th month pay. Pedrings claim totals
P20,000.00, Daniels P3,000.00, and Pauls P22,000.00.
Daniel changed his mind and now also wants reinstatement
because he resigned only upon the instigation of Pedring and
Paul. Where should they file their claims?
(A) With the DOLE regional director for Pedring and Pauls
claims with no reinstatement; with the labor arbiter for Daniels
claim with reinstatement.
(B) With the Office of the Regional Director of the Department
of Labor for all claims to avoid multiplicity of suits.
(C) With a labor arbiter for all three complainants.
(D) With the DOLE Regional Director provided they are
consolidated for expediency.
(67) In a scenario like typhoon Ondoy, who may be required by
the employer to work overtime when necessary to prevent loss
of life or property?
(A) Health personnel
(B) Employees with first aid training
(C) Security and safety personnel
(D) Any employee
(68) The management and Union X in Atisan Mining entered
into a CBA for 1997 to 2001. After 6 months, a majority of the

68
members of Union X formed Union Y and sought management
recognition. The latter responded by not dealing with either
union. But, when the CBAs economic provisions had to be
renegotiated towards the end of the term of the CBA, the
management chose to negotiate with Union Y, the newer
union. Thus, Union X which negotiated the existing CBA
charged the company with unfair labor practice (ULP). The
company argued that it committed no unfair labor practice
since the supposed violation had nothing to do with economic
provisions of the CBA. Is the management right?
(A) No. Refusal to comply with the CBAs economic provisions
is not the only ground for ULP; a disregard of the entire CBA by
refusing to renegotiate with the incumbent bargaining agent is
also ULP,
(B) Yes. No unfair labor practice was committed because the
supposed violation has nothing to do with economic provisions
of the CBA.
(C) Yes. The management commits no ULP when it decided to
renegotiate with the numerically majority union.
(D) Yes. A CBA violation amounts to ULP only if the violation is
gross, meaning flagrant or malicious refusal to comply with
the CBAs economic provisions which is not the case here.
(69) The apprenticeship program should be supplemented by
theoretical instruction to be given by
(A) the apprentice's school only where the apprentice is
formally enrolled as a student.
(B) the employer if the apprenticeship is done in the plant.
(C) the civic organizations that sponsor the program.
(D) the Department of Labor and Employment.
(70) The Securities and Exchange Commission approved a
merger that allowed Broad Bank to absorb the assets and
liabilities of EBank. Broad Bank also absorbed EBanks rank-
and-file employees without change in tenure, salary, and
benefits. Broad Bank was unionized but EBank was not. The
Broad Bank bargaining union requested the management to
implement the union security clause in their CBA by requiring
the ex-EBank employees to join the union. Does the union
security clause in the Broad Bank CBA bind the ex-EBank
employees?
(A) No, since the ex-EBank employees were not yet Broad
Bank employees when that CBA was entered into.
(B) No, Broad Banks absorption of ex-EBank employees was
not a requirement of law or contract; hence, the CBA does not
apply.
(C) Yes, Broad Banks absorption of ex-EBank employees
automatically makes the latter union members of Broad Banks
bargaining union.
(D) Yes, since the right not to join a labor union is subordinate
to the policy of unionism that encourages collective
representation and bargaining.
(71) The employer must observe both substantive and
procedural due process when dismissing an employee. If
procedural due process is not observed, the dismissal will be
regarded as
(A) defective; the dismissal process has to be repeated.
(B) an abuse of employer's discretion, rendering the dismissal
void.
(C) ineffectual; the dismissal will be held in abeyance.
(D) legal and valid but the employer will be liable for indemnity.
(72) Mario, an expert aircon technician, owns and manages a
small aircon repair shop with little capital. He employs one full-
time and two part-time technicians. When they do repair work
in homes or offices, their clients do not tell them how to do their
jobs since they are experts in what they do. The shop is
shabby, merely rented, and lies in a small side street. Mario
and the other technicians regard themselves as informal
partners. They receive no regular salary and only earn
commissions from service fees that clients pay. To what
categories of workers do they fall?
(A) Labor-only contractors
(B) Job contractors
(C) Pakyaw workers
(D) Manpower agency contractors
(73) How often should the collected service charges be
distributed to employees in hotels and restaurants?
(A) Every end of the month
(B) Every two weeks
(C) Every week
(D) At the end of each work day
(74) Which of the following conditions justifies a licensed
employment agency to charge and collect fees for employment
assistance?
(A) The recruit has submitted his credentials to the
employment agency.
(B) The POEA has approved the agency's charges and fees.
(C) The agency's principal has interviewed the applicant for the
job.
(D) The worker has obtained employment through the agency's
efforts.

69
(75) During the CBA negotiation the management panel
proposed a redefinition of the rank-and-file bargaining unit to
exclude HR Specialist in the human resource department and
Analyst in the research and development department. The
union panel objected since those affected have already been
included in the bargaining unit covered by the existing CBA
and so could no longer be excluded. Is the union correct in
insisting that their exclusion would amount to bad faith on the
part of the management panel?
(A) No, efforts to modify an existing CBA do not constitute bad
faith if such modification does not diminish employment
benefits.
(B) Yes, the proposed exclusion amounts to managements
violation of its duty to bargain because it disregards the
bargaining history between the parties.
(C) Yes, once the coverage of the bargaining unit has been
contractually defined, it can no longer be redefined.
(D) No, bargaining history is not the only factor that determines
the coverage of the bargaining unit; seeking its redefinition is
not negotiating in bad faith.
Bar Examination Questionnaire for Political Law Set A
(1) Filipino citizenship may be acquired through judicial
naturalization only by an alien
(A) born, raised, and educated in the Philippines who has all
the qualifications and none of the disqualifications to become a
Filipino citizen.
(B) who has all the qualifications and none of the
disqualifications to become a Filipino citizen.
(C) born and raised in the Philippines who has all the
qualifications and none of the disqualifications to become a
Filipino citizen.
(D) whose mother or father is a naturalized Filipino and who
himself is qualified to be naturalized.
(2) Jax Liner applied for a public utility bus service from
Bacolod to Dumaguete from the Land Transportation
Franchising and Regulatory Board (LTFRB). BB Express
opposed. LTFRB ruled in favor of Jax. BB appealed to the
Secretary of the Department of Transportation and
Communication (DOTC), who reversed the LTFRB decision.
Jax appealed to the Office of the President which reinstated
the LTFRBs ruling. BB Express went to the Court of Appeals
on certiorari questioning the decision of the Office of the
President on the ground that Office of the President has no
jurisdiction over the case in the absence of any law providing
an appeal from DOTC to the Office of the President. Will the
petition prosper?
(A) No, exhaustion of administrative remedies up to the level of
the President is a pre-requisite to judicial recourse.
(B) No, the action of the DOTC Secretary bears only the
implied approval of the President who is not precluded from
reviewing the decision of the former.
(C) Yes, when there is no law providing an appeal to the Office
of the President, no such appeal may be pursued.
(D) Yes, the doctrine of qualified political agency renders
unnecessary a further appeal to the Office of the President.
(3) Where A is set for promotion to Administrative Assistant III
and B to the post of Administrative Assistant II vacated by A,
the appointing authority must
(A) submit to the CSC the two promotional appointments
together for approval.
(B) not appoint B until the CSC has approved As appointment.
(C) submit to the Civil Service Commission (CSC) the second
appointment after its approval of the first.
(D) simultaneously issue the appointments of A and B.
(4) When a witness is granted transactional immunity in
exchange for his testimony on how his immediate superior
induced him to destroy public records to cover up the latter's
act of malversation of public funds, the witness may NOT be
prosecuted for
(A) direct contempt.
(B) infidelity in the custody of public records.
(C) falsification of public documents.
(D) false testimony.
(5) Mario, a Bureau of Customs examiner, was
administratively charged with grave misconduct and
preventively suspended pending investigation. The head of
office found him guilty as charged and ordered his dismissal.
The decision against him was executed pending appeal. The
Civil Service Commission (CSC) subsequently found him guilty
and after considering a number of mitigating circumstances,
reduced his penalty to only one month suspension. Is Mario
entitled to back salaries?
(A) Yes, the reduction of the penalty means restoration of his
right to back salaries.
(B) No, the penalty of one month suspension carries with it the
forfeiture of back salaries.
(C) No, he is still guilty of grave misconduct, only the penalty
was reduced.
(D) Yes, corresponding to the period of his suspension pending
appeal less one month.
(6) Althea, a Filipino citizen, bought a lot in the Philippines in
1975. Her predecessors-in-interest have been in open,
continuous, exclusive and notorious possession of the lot since

70
1940, in the concept of owner. In 1988, Althea became a
naturalized Australian citizen. Is she qualified to apply for
registration of the lot in her name?
(A) Yes, provided she acquires back her Filipino citizenship.
(B) No, except when it can be proved that Australia has a
counterpart domestic law that also favors former Filipino
citizens residing there.
(C) Yes, the lot is already private in character and as a former
natural-born Filipino, she can buy the lot and apply for its
registration in her name.
(D) No, foreigners are not allowed to own lands in the
Philippines.
(7) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court or when
(A) public safety or public health requires otherwise as
prescribed by law.
(B) dictated by the need to maintain public peace and order.
(C) public safety or order requires otherwise as prescribed by
law.
(D) public safety or order requires otherwise as determined by
the President.
(8) One advantage of a written Constitution is its
(A) reliability.
(B) permanence.
(C) flexibility.
(D) expediency.
(9) An appointment held at the pleasure of the appointing
power
(A) essentially temporary in nature.
(B) requires special qualifications of the appointee.
(C) requires justifiable reason for its termination.
(D) is co-extensive with the term of the public officer who
appointed him.
(10) The city government filed a complaint for expropriation of
10 lots to build a recreational complex for the members of the
homeowners' association of Sitio Sto. Tomas, the most
populated residential compound in the city. The lot owners
challenged the purpose of the expropriation. Does the
expropriation have a valid purpose?
(A) No, because not everybody uses a recreational complex.
(B) No, because it intends to benefit a private organization.
(C) Yes, it is in accord with the general welfare clause.
(D) Yes, it serves the well-being of the local residents.
(11) An example of a content based restraint on free speech is
a regulation prescribing
(A) maximum tolerance of pro-government demonstrations.
(B) a no rally-no permit policy.
(C) when, where, and how lawful assemblies are to be
conducted.
(D) calibrated response to rallies that have become violent.
(12) The President forged an executive agreement with
Vietnam for a year supply of animal feeds to the Philippines not
to exceed 40,000 tons. The Association of Animal Feed Sellers
of the Philippines questioned the executive agreement for
being contrary to R.A. 462 which prohibits the importation of
animal feeds from Asian countries. Is the challenge correct?
(A) Yes, the executive agreement is contrary to our existing
domestic law.
(B) No, the President is the sole organ of the government in
external relations and all his actions as such form part of the
law of the land.
(C) No, international agreements are sui generis which must
stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which
does not take effect without ratification by the Senate.
(13) Jose Cruz and 20 others filed a petition with the
COMELEC to hold a plebiscite on their petition for initiative to
amend the Constitution by shifting to a unicameral
parliamentary form of government. Assuming that the petition
has been signed by the required number of registered voters,
will it prosper?
(A) No, only Congress can exercise the power to amend the
Constitution.
(B) Yes, the people can substantially amend the Constitution
by direct action.
(C) Yes, provided Congress concurs in the amendment.
(D) No, since they seek, not an amendment, but a revision.
(14) The Comelec en banc cannot hear and decide a case at
first instance EXCEPT when
(A) a Division refers the case to it for direct action.

71
(B) the case involves a purely administrative matter.
(C) the inhibition of all the members of a Division is sought.
(D) a related case is pending before the Supreme Court en
banc.
(15) Each of the Constitutional Commissions is expressly
described as "independent," exemplified by its
(A) immunity from suit.
(B) fiscal autonomy.
(C) finality of action.
(D) collegiality.
(16) There is double jeopardy when the dismissal of the first
case is
(A) made at the instance of the accused invoking his right to
fair trial.
(B) made upon motion of the accused without objection from
the prosecution.
(C) made provisionally without objection from the accused.
(D) based on the objection of the accused to the prosecution's
motion to postpone trial.
(17) The new Commissioner of Immigration, Mr. Suarez,
issued an Office Order directing the top immigration officials to
tender courtesy resignation to give him a free hand in
reorganizing the agency. In compliance, Director Sison of the
Administrative Department tendered his resignation in writing
which Mr. Suarez immediately accepted. Director Sison went to
court, assailing the validity of his courtesy resignation and Mr.
Suarezs acceptance of the same. Will the action prosper?
(A) No, Director Sison tendered his resignation and it was
accepted.
(B) No, estoppel precludes Director Sison from disclaiming the
resignation he freely tendered.
(C) Yes,for so long as no one has yet been appointed to
replace him, Director Sison may still withdraw his resignation.
(D) Yes, Director Sison merely complied with the order of the
head of office; the element of clear intention to relinguish office
is lacking.
(18) An administrative rule that fixes rates is valid only when
the proposed rates are
(A) published and filed with the UP Law Center.
(B) published and hearings are conducted.
(C) published and posted in three public places.
(D) published and all stakeholders are personally notified.
(19) The government sought to expropriate a parcel of land
belonging to Y. The law provides that, to get immediate
possession of the land, the government must deposit the
equivalent of the land's zonal value. The government insisted,
however, that what apply are the rules of court which require
an initial deposit only of the assessed value of the property.
Which should prevail on this matter, the law or the rules of
court?
(A) Both law and rules apply because just compensation
should be fixed based on its zonal or assessed value,
whichever is higher.
(B) Both law and rules apply because just compensation
should be fixed based on its zonal or assessed value,
whichever is lower.
(C) The law should prevail since the right to just compensation
is a substantive right that Congress has the power to define.
(D) The rules of court should prevail since just compensation is
a procedural matter subject to the rule making power of the
Supreme Court.
(20) After X, a rape suspect, was apprised of his right to
silence and to counsel, he told the investigators that he was
waiving his right to have his own counsel or to be provided
one. He made his waiver in the presence of a retired Judge
who was assigned to assist and explain to him the
consequences of such waiver. Is the waiver valid?
(A) No, the waiver was not reduced in writing.
(B) Yes, the mere fact that the lawyer was a retired judge does
not cast doubt on his competence and independence.
(C) Yes, the waiver was made voluntarily, expressly, and with
assistance of counsel.
(D) No, a retired Judge is not a competent and independent
counsel.
(21) Governor Paloma was administratively charged with
abuse of authority before the Office of the President. Pending
hearing, he ran for reelection and won a second term. He then
moved to dismiss the charge against him based on this
supervening event. Should the motion be granted?
(A) Yes, Governor Paloma's reelection is an expression of the
electorate's obedience to his will.
(B) No, Governor Paloma's reelection cannot extinguish his
liability for malfeasance in office.
(C) No, Governor Paloma's reelection does not render moot
the administrative case already pending when he filed his
certificate of candidacy for his reelection bid.

72
(D) Yes, Governor Paloma's reelection is an expression of the
electorate's restored trust.
(22) The decision of the Regional Trial Court on appeals
pertaining to inclusions or exclusions from the list of voters
(A) is inappealable.
(B) is subject to an action for annulment.
(C) may be brought straight to the Supreme Court.
(D) is appealable to the Commission on Elections.
(23) The equal protection clause allows valid classification of
subjects that applies
(A) only to present conditions.
(B) so long as it remains relevant to the government.
(C) for a limited period only.
(D) for as long as the problem to be corrected exists.
(24) The President wants to appoint A to the vacant post of
Associate Justice of the Supreme Court because of his
qualifications, competence, honesty, and efficiency. But As
name is not on the list of nominees that the Judicial and Bar
Council (JBC) submitted to the President. What should the
President do?
(A) Request the JBC to consider adding A to the list.
(B) Decline to appoint from the list.
(C) Appoint from the list.
(D) Return the list to JBC.
(25) Courts may still decide cases that have otherwise become
academic when they involve
(A) the basic interest of people.
(B) petitions for habeas corpus.
(C) acts of the Chief Executive.
(D) Presidential election protests.
(26) The right of the State to prosecute crimes by available
evidence must yield to the right of
(A) the accused against self-incrimination.
(B) another State to extradite a fugitive from justice.
(C) the State to deport undesirable aliens.
(D) the complainant to drop the case against the accused.
(27) A temporary appointee to a public office who becomes a
civil service eligible during his tenure
(A) loses his temporary appointment without prejudice to his re-
appointment as permanent.
(B) has the right to demand conversion of his appointment to
permanent.
(C) automatically becomes a permanent appointee.
(D) retains his temporary appointment.
(28) Upon endorsement from the Senate where it was first
mistakenly filed, the House of Representatives Committee on
Justice found the verified complaint for impeachment against
the President sufficient in form but insufficient in substance.
Within the same year, another impeachment suit was filed
against the President who questioned the same for being
violative of the Constitution. Is the President correct?
(A) No, "initiated" means the Articles of Impeachment have
been actually filed with the Senate for trial; this did not yet
happen.
(B) No, the first complaint was not deemed initiated because it
was originally filed with the Senate.
(C) Yes, the dismissal of the first impeachment proceeding
bars the initiation of another during the same term of the
President.
(D) Yes, no impeachment proceeding can be filed against the
President more than once within a year.
(29) The Solicitor General declines to institute a civil action on
behalf of a government agency due to his strained relation with
its head, insisting that the agencys lawyers can file the action.
Is the Solicitor General correct?
(A) Yes, when he deems he cannot harmoniously and
effectively work with the requesting agency.
(B) No, he must, in choosing whether to prosecute an action,
exercise his discretion according to law and the best interest of
the State.
(C) Yes, as in any lawyer-client relationship, he has the right to
choose whom to serve and represent.
(D) No, the Solicitor General's duty to represent the
government, its offices and officers is mandatory and absolute.
(30) A department secretary may, with the President's consent,
initiate his appearance before the Senate or the House of
Representatives which
(A) must seek the concurrence of the other House before
acting.

73
(B) must hold an executive session to hear the department
secretary.
(C) may altogether reject the initiative.
(D) must accept such initiated appearance.
(31) The Metro Manila Development Authority (MMDA) passed
a rule authorizing traffic enforcers to impound illegally parked
vehicles, for the first offense, and confiscate their registration
plates for the second. The MMDA issued this rule to implement
a law that authorized it to suspend the licenses of drivers who
violate traffic rules. Is the MMDA rule valid?
(A) No, since the MMDA does not have rule-making power.
(B) Yes, it is a valid exercise of the power of subordinate
legislation.
(C) Yes, it is an implicit consequence of the law upon which it
acted.
(D) No, the rule goes beyond the sphere of the law.
(32) Senator Bondoc was charged with murder and detained at
the Quezon City Jail. He invoked, in seeking leave from the
court to attend the session of the Senate, his immunity from
arrest as a Senator. How should the court rule on his motion?
(A) Deny the motion unless the Senate issues a resolution
certifying to the urgency of his attendance at its sessions.
(B) Grant the motion provided he posts bail since he is not a
flight risk.
(C) Grant the motion so as not to deprive the people who
elected him their right to be represented in the Senate.
(D) Deny the motion since immunity from arrest does not apply
to a charge of murder.
(33) X, an administrative officer in the Department of Justice,
was charged with grave misconduct and preventively
suspended for 90 days pending investigation. Based on the
evidence, the Secretary of Justice found X guilty as charged
and dismissed him from the service. Pending appeal, X's
dismissal was executed. Subsequently, the Civil Service
Commission (CSC) reversed the Secretarys decision and the
reversal became final and executory. What is the effect of X's
exoneration?
(A) X is entitled to reinstatement and back salaries both during
his 90 day preventive suspension and his suspension pending
appeal.
(B) X is entitled to reinstatement and back salaries
corresponding only to the period of delay caused by those
prosecuting the case against him.
(C) X is entitled to reinstatement but not to back salaries on
ground of "damnum absque injuria."
(D) X is entitled to reinstatement and back salaries during his
suspension pending appeal.
(34) Courts may dismiss a case on ground of mootness when
(A) the case is premature.
(B) petitioner lacks legal standing.
(C) the questioned law has been repealed.
(D) the issue of validity of law was not timely raised.
(35) Alfredo was elected municipal mayor for 3 consecutive
terms. During his third term, the municipality became a city.
Alfredo ran for city mayor during the next immediately
succeeding election. Voltaire sought his disqualification citing
the 3 term limit for elective officials. Will Voltaire's action
prosper?
(A) No, the 3 term limit should not apply to a person who is
running for a new position title.
(B) Yes, the 3 term limit applies regardless of any voluntary or
involuntary interruption in the service of the local elective
official.
(C) Yes, the 3 term limit uniformly applies to the office of
mayor, whether for city or municipality.
(D) No, the 3 term limit should not apply to a local government
unit that has assumed a different corporate existence.
(36) In what scenario is an extensive search of moving vehicles
without warrant valid?
(A) The police became suspicious on seeing something on the
cars back seat covered with blanket.
(B) The police suspected an unfenced lot covered by rocks and
bushes was planted to marijuana.
(C) The police became suspicious when they saw a car
believed to be of the same model used by the killers of a city
mayor.
(D) The driver sped away in his car when the police flagged
him down at a checkpoint.
(37) Pre-proclamation controversies shall be heard
(A) summarily without need of trial.
(B) through trial by commissioner.
(C) ex parte.
(D) through speedy arbitration.
(38) When the President orders the Chief of the Philippine

74
National Police to suspend the issuance of permits to carry
firearms outside the residence, the President exercises
(A) the power of control.
(B) the Commander-in-Chief power.
(C) the power of supervision.
(D) the calling out power.
(39) Carlos, a foreign national was charged with and convicted
of a serious crime in State X and sentenced to life
imprisonment. His country applied for relief with the
International Court of Justice (ICJ), arguing that State X did not
inform Carlos of his right under Article 36 of the Vienna
Convention to be accorded legal assistance by his
government. State X, as signatory to the Vienna Convention,
agreed to ICJ's compulsory jurisdiction over all disputes
regarding the interpretation or application of the Vienna
Convention. ICJ ruled that State X violated its obligation to
provide consular notification to the foreign national's country.
ICJ also required State X to review and reconsider the life
sentence imposed on the foreign national. State X then wrote
the United Nations informing that it was withdrawing from the
Optional Protocol on Vienna Convention and was not bound by
the ICJ decision. What principle of international law did State X
violate?
(A) Pacta Sunt Servanda
(B) Act of State Doctrine
(C) Protective Principle
(D) Jus Cogens
(40) An informer told the police that a Toyota Car with plate
ABC 134 would deliver an unspecified quantity of ecstacy in
Forbes Park, Makati City. The officers whom the police sent to
watch the Forbes Park gates saw the described car and
flagged it down. When the driver stopped and lowered his
window, an officer saw a gun tucked on the driver's waist. The
officer asked the driver to step out and he did. When an officer
looked inside the car, he saw many tablets strewn on the
driver's seat. The driver admitted they were ecstacy. Is the
search valid?
(A) No, the rule on warrantless search of moving vehicle does
not allow arbitrariness on the part of the police.
(B) Yes, the police officers had the duty to verify the truth of the
information they got and pursue it to the end.
(C) Yes, the police acted based on reliable information and the
fact that an officer saw the driver carrying a gun.
(D) No, police officers do not have unbridled discretion to
conduct a warrantless search of moving vehicles.
(41) The Commission on Elections is an independent body
tasked to enforce all laws relative to the conduct of elections.
Hence, it may
(A) conduct two kinds of electoral count: a slow but official
count; and a quick but unofficial count.
(B) make an advance and unofficial canvass of election returns
through electronic transmission.
(C) undertake a separate and unofficial tabulation of the results
of the election manually.
(D) authorize the citizens arm to use election returns for
unofficial count.
(42)The President may proclaim martial law over a particular
province subject to revocation or extension
(A) by Congress,subject to ratification by the Supreme Court.
(B) by the Supreme Court.
(C) by Congress alone
(D) by Congress, upon recommendation of the respective
Sangguniang Panlalawigan.
(43) During his incumbency, President Carlos shot to death
one of his advisers during a heated argument over a game of
golf that they were playing. The deceased advisers family filed
a case of homicide against President Carlos before the city
prosecutors office. He moved to dismiss the case, invoking
presidential immunity from suit. Should the case be dismissed?
(A) Yes, his immunity covers his interactions with his official
family, including the deceased adviser.
(B) No, his immunity covers only work-related crimes.
(C) Yes, his immunity holds for the whole duration of his
tenure.
(D) No, his immunity does not cover crimes involving moral
turpitude.
(44) The School Principal of Ramon Magsaysay High School
designated Maria, her daughter, as public school teacher in her
school. The designation was assailed on ground of nepotism.
Is such designation valid?
(A) No, because the law prohibits relatives from working within
the same government unit.
(B) Yes, because Marias position does not fall within the
prohibition.
(C) No, because her mother is not the designating authority.
(D) No, because Maria is related to the supervising authority
within the prohibited degree of consanguinity.
(45) The President's appointment of an acting secretary

75
although Congress is in session is
(A) voidable.
(B) valid.
(C) invalid.
(D) unenforceable.
(46) Congress passed a bill appropriating P50 million in
assistance to locally based television stations subject to the
condition that the amount would be available only in places
where commercial national television stations do not operate.
The President approved the appropriation but vetoed the
condition. Was the veto valid?
(A) Yes, since the vetoed condition may be separated from the
item.
(B) Yes, the President's veto power is absolute.
(C) No, since the veto amounted to a suppression of the
freedom to communicate through television.
(D) No, since the approval of the item carried with it the
approval of the condition attached to it.
(47) In the exercise of its power of legislative inquiries and
oversight functions, the House of Representatives or the
Senate may only ask questions
(A) that the official called is willing to answer.
(B) that are relevant to the proposed legislation.
(C) to which the witness gave his prior consent.
(D) material to the subject of inquiry.
(48) An ordinance prohibits "notorious street gang members"
from loitering in public places. The police are to disperse them
or, if they refuse, place them under arrest. The ordinance
enumerates which police officers can make arrest and defines
street gangs, membership in them, and public areas. The
ordinance was challenged for being vague regarding the
meaning of "notorious street gang members." Is the ordinance
valid?
(A) No, it leaves the public uncertain as to what conduct it
prohibits.
(B) No, since it discriminates between loitering in public places
and loitering in private places.
(C) Yes, it provides fair warning to gang members prior to
arrest regarding their unlawful conduct.
(D) Yes, it is sufficiently clear for the public to know what acts it
prohibits.
(49) The people may approve or reject a proposal to allow
foreign investors to own lands in the Philippines through an
electoral process called
(A) referendum.
(B) plebiscite.
(C) initiative.
(D) certification.
(50) Where a candidate for the Senate stated in his certificate
of candidacy that he is single, when he is very much married,
though separated, his certificate of candidacy
(A) may be canceled.
(B) will subject him to a quo warranto action.
(C) remains valid.
(D) may be denied due course.
(51) A candidate who commits vote buying on Election Day
itself shall be prosecuted by the
(A) COMELEC.
(B) Secretary of Justice.
(C) police and other law enforcement agencies.
(D) City or Provincial Prosecutor.
(52) A law authorized the Secretary of Agriculture to require the
quarantine of animals that suffer from dangerous
communicable diseases at such place and for such time he
deems necessary to prevent their spread. The Secretary of
Agriculture issued a regulation, imposing a penalty of
imprisonment for 10 days on persons transporting quarantined
animals without his permission. The regulation is
(A) a valid exercise of the power of subordinate legislation.
(B) invalid for being ultra vires.
(C) a valid exercise of police power.
(D) invalid for being discriminatory.
(53) Small-scale utilization of natural resources by Filipino
citizens may be allowed by
(A) Congress.
(B) either the Senate or the House of Representatives.
(C) the President.

76
(D) the President with the consent of Congress.
(54) When the Civil Service Commission (CSC) approves the
appointment of the Executive Director of the Land
Transportation Franchising and Regulatory Board who
possesses all the prescribed qualifications, the CSC performs
(A) a discretionary duty.
(B) a mix discretionary and ministerial duty.
(C) a ministerial duty.
(D) a rule-making duty.
(55) Xian and Yani ran for Congressman in the same district.
During the canvassing, Yani objected to several returns which
he said were tampered with. The board of canvassers did not
entertain Yani's objections for lack of authority to do so. Yani
questions the law prohibiting the filing of pre-proclamation
cases involving the election of Congressmen since the
Constitution grants COMELEC jurisdiction over all pre-
proclamation cases, without distinction. Is Yani correct?
(A) Yes, the Constitution grants jurisdiction to COMELEC on all
pre-proclamation cases, without exception.
(B) No, COMELECs jurisdiction over pre-proclamation cases
pertains only to elections for regional, provincial, and city
officials.
(C) No, COMELECs jurisdiction over pre-proclamation cases
does not include those that must be brought directly to the
courts.
(D) Yes, any conflict between the law and the Constitution
relative to COMELEC's jurisdiction must be resolved in favor of
the Constitution.
(56) When the Supreme Court nullified the decisions of the
military tribunal for lack of jurisdiction, it excluded from their
coverage decisions of acquittal where the defendants were
deemed to have acquired a vested right. In so doing, the
Supreme Court applied
(A) the operative fact doctrine.
(B) the rule against double jeopardy.
(C) the doctrine of supervening event.
(D) the orthodox doctrine.
(57) Accused X pleaded not guilty to the charge of homicide
against him. Since he was admitted to bail, they sent him
notices to attend the hearings of his case. But he did not show
up, despite notice, in four successive hearings without offering
any justification. The prosecution moved to present evidence in
absentia but the court denied the motion on the ground that the
accused has a right to be present at his trial. Is the court
correct?
(A) No, the court is mandated to hold trial in absentia when the
accused had been arraigned, had notice, and his absence was
unjustified.
(B) Yes, it remains discretionary on the court whether to
conduct trial in absentia even if the accused had been
arraigned and had notice and did not justify his absence.
(C) Yes, it is within the court's discretion to determine how
many postponements it will grant the accused before trying him
in absentia.
(D) No, the court may reject trial in absentia only on grounds of
fraud, accident, mistake, or excusable negligence.
(58) Following COMELEC Chairman Bocay's conviction for
acts of corruption in the impeachment proceedings, he was
indicted for plunder before the Sandiganbayan and found
guilty, as charged. Can he get Presidential pardon on the
plunder case?
(A) No, plunder is not a pardonable offense.
(B) No, conviction in a criminal case for the same acts charged
in the impeachment proceedings is not pardonable.
(C) Yes, convictions in two different fora for the same acts, are
too harsh that they are not beyond the reach of the Presidents
pardoning power.
(D) Yes, conviction in court in a criminal action is subject to the
President's pardoning power.
(59) A private person constituted by the court as custodian of
property attached to secure a debt sought to be recovered in a
civil proceeding is
(A) a private sheriff.
(B) a public officer.
(C) a private warehouseman.
(D) an agent of the party to whom the property will ultimately
be awarded.
(60) The COMELEC en banc shall decide a motion for
reconsideration of
(A) the House or Representatives and the Senate electoral
tribunals.
(B) the decision of the election registrar.
(C) the decision of the COMELEC division involving an election
protest.
(D) its own decision involving an election protest.
(61) Adela served as Mayor of Kasim for 2 consecutive terms.
On her third term, COMELEC ousted her in an election protest

77
that Gudi, her opponent, filed against her. Two years later,
Gudi faced recall proceedings and Adela ran in the recall
election against him. Adela won and served as Mayor for
Gudi's remaining term. Can Adela run again for Mayor in the
next succeeding election without violating the 3 term limit?
(A) No, she won the regular mayoralty election for two
consecutive terms and the recall election constitutes her third
term.
(B) A. No, she already won the mayoralty election for 3
consecutive terms.
(C) Yes, her ouster from office in her third term interrupted the
continuity of her service as mayor.
(D) Yes, the fresh mandate given her during the recall election
erased her disqualification for a third term.
(62) A child born in the United States to a Filipino mother and
an American father is
(A) a Filipino citizen by election.
(B) a repatriated Filipino citizen.
(C) a dual citizen.
(D) a natural born Filipino citizen.
(63) Involuntary servitude may be required as
(A) part of rehabilitation of one duly charged with a crime.
(B) substitute penalty for one who has been duly tried for a
crime.
(C) punishment for a crime where one has been duly
convicted.
(D) condition precedent to one's valid arraignment.
(64) Van sought to disqualify Manresa as congresswoman of
the third district of Manila on the ground that the latter is a
greencard holder. By the time the case was decided against
Manresa, she had already served her full term as
congresswoman. What was Manresa's status during her
incumbency as congresswoman?
(A) She was a de jure officer, having been duly elected.
(B) She was not a public officer because she had no valid
existing public office.
(C) She was a de jure officer since she completed her term
before she was disqualified.
(D) She was a de facto officer since she was elected, served,
and her disqualification only came later.
(65) Whose appointment is NOT subject to confirmation by the
Commission on Appointments?
(A) Chairman of the Civil Service Commission
(B) Chief Justice of the Supreme Court
(C) Chief of Staff of the Armed Forces of the Philippines
(D) Executive Secretary
(66) The system of checks and balances operates when
(A) the President nullifies a conviction in a criminal case by
pardoning the offender.
(B) Congress increases the budget proposal of the President.
(C) the President does not release the countryside
development funds to members of Congress.
(D) Congress expands the appellate jurisdiction of the
Supreme Court, as defined by the Constitution.
(67) The price of staple goods like rice may be regulated for
the protection of the consuming public through the exercise of
(A) power of subordinate legislation.
(B) emergency power.
(C) police power.
(D) residual power.
(68) Associate Justice A retires from the Supreme Court 90
days before the forthcoming Presidential election. May the
incumbent President still appoint Justice A's successor?
(A) No, it will violate the Constitutional prohibition against
midnight appointments.
(B) Yes, vacancies in the Supreme Court should be filled within
90 days from occurrence of the vacancy.
(C) Yes, vacancies in the Supreme Court should be filled within
90 days from submission of JBC nominees to the President.
(D) No, the incumbent President must yield to the choice of the
next President
(69) The President may set a limit on the country's import
quota in the exercise of his
(A) delegated power.
(B) concurring power.
(C) residual power.

78
(D) inherent power.
(70) Amor sued for annulment of a deed of sale of Lot 1. While
the case was ongoing, Baltazar, an interested buyer, got a
Certification from Atty. Crispin, the Clerk of Court, that Lot 1
was not involved in any pending case before the court. Acting
on the certification, the Register of Deeds canceled the notice
of lis pendens annotated on Lot 1s title. Amor filed a damage
suit against Atty. Crispin but the latter invoked good faith and
immunity from suit for acts relating to his official duty, claiming
he was not yet the Clerk of Court when Amor filed his action.
Decide.
(A) Atty. Crispin is immune from suit since he enjoys the
presumption of regularity of performance of public duty.
(B) Atty. Crispin's defense is invalid since he issued his
certification recklessly without checking the facts.
(C) Atty. Crispin's defense is valid since he was unaware of the
pendency of the case.
(D) As Clerk of Court, Atty. Crispin enjoys absolute immunity
from suit for acts relating to his work.
(71) The Housing and Land Use Regulatory Board (HLURB)
found Atlantic Homes, Inc. liable in damages arising from its
delayed release of the title to the house and lot that it sold to
Josephine. Atlantic appealed to the Office of the President
which rendered a one page decision, affirming the attached
HLURB judgment. Atlantic challenges the validity of the
decision of the Office of the President for not stating the facts
and the law on which it is based. Is the challenge correct?
(A) No, the Office of the President is governed by its own rules
respecting review of cases appealed to it.
(B) Yes, the decision of the Office of the President must
contain its own crafted factual findings and legal conclusions.
(C) Yes, administrative due process demands that the Office of
the President make findings and conclusions independent of its
subordinate.
(D) No, the Office of the President is not precluded from
adopting the factual findings and legal conclusions contained in
the HLURB decision.
(72) A collision occurred involving a passenger jeepney driven
by Leonardo, a cargo truck driven by Joseph, and a dump truck
driven by Lauro but owned by the City of Cebu. Lauro was on
his way to get a load of sand for the repair of the road along
Fuente Street, Cebu City. As a result of the collision, 3
passengers of the jeepney died. Their families filed a complaint
for damages against Joseph who in turn filed a third party
complaint against the City of Cebu and Lauro. Is the City of
Cebu liable for the tort committed by its employee?
(A) The City of Cebu is not liable because its employee was
engaged in the discharge of a governmental function.
(B) The City of Cebu is liable for the tort committed by its
employee while in the discharge of a non-governmental
function.
(C) The City of Cebu is liable in accord with the precept of
respondeat superior.
(D) The City of Cebu is not liable as a consequence of its non-
suitability.
(73) During promulgation of sentence, the presence of the
accused is mandatory but he may appear by counsel or
representative when
(A) he is charged with a light offense.
(B) he was able to cross-examine the prosecutions witnesses.
(C) he waives his right to be present.
(D) he is convicted of a bailable offense.
(74) An information for murder was filed against X. After
examining the case records forwarded to him by the
prosecution, the trial judge granted bail to X based on the
prosecution's manifestation that it was not objecting to the
grant of bail. Is the trial judge correct?
(A) Yes, the trial judge may evaluate the strength or weakness
of the evidence based on the case records forwarded to him.
(B) No, the trial judge should have held a hearing to ascertain
the quality of the evidence of guilt that the prosecution had
against X.
(C) No, the trial judge should have conducted a hearing to
ascertain first whether or not X was validly arrested.
(D) Yes, the trial judge may reasonably rely on the
prosecution's manifestation that he had no objection to the
grant of bail.
(75) The President CANNOT call out the military
(A) to enforce customs laws.
(B) to secure shopping malls against terrorists.
(C) to arrest persons committing rebellion.
(D) to raid a suspected haven of lawless elements.
(76) Mass media in the Philippines may be owned and
managed by
(A) corporations wholly owned and managed by Filipinos.
(B) corporations 60% owned by Filipinos.
(C) corporations wholly owned by Filipinos.
(D) corporations 60% owned and managed by Filipinos.

79
(77) Procedural due process in administrative proceedings
(A) requires the tribunal to consider the evidence presented.
(B) allows the losing party to file a motion for reconsideration.
(C) requires hearing the parties on oral argument.
(D) permits the parties to file memoranda.
(78) The Constitution prohibits cruel and inhuman punishments
which involve
(A) torture or lingering suffering.
(B) primitive and gross penalties.
(C) unusual penal methods.
(D) degrading and queer penalties.
(79) Judge Lloyd was charged with serious misconduct before
the Supreme Court. The Court found him guilty and ordered
him dismissed. Believing that the decision was not immediately
executory, he decided a case that had been submitted for
resolution. The decision became final and executory. But the
losing party filed a certiorari action with the Court of Appeals
seeking to annul the writ of execution issued in the case and
bar Judge Lloyd from further acting as judge. Can the relief
against Judge Lloyd be granted?
(A) No, Judge Lloyd's right to stay as judge may be challenged
only by direct proceeding, not collaterally.
(B) Yes, the action against Judge Lloyd may be consolidated
with the case before the Court of Appeals and decided by it.
(C) Yes, Judge Lloyd 's right to stay as judge may be
challenged as a necessary incident of the certiorari action.
(D) No, the losing party has no standing to challenge Judge
Lloyd's right to stay as judge.
(80) Executive Secretary Chua issued an order prohibiting the
holding of rallies along Mendiola because it hampers the traffic
flow to Malacanang. A group of militants questioned the order
for being unconstitutional and filed a case against Secretary
Chua to restrain him from enforcing the order. Secretary Chua
raised state immunity from suit claiming that the state cannot
be sued without its consent. Is the claim correct?
(A) No, public officers may be sued to restrain him from
enforcing an act claimed to be unconstitutional.
(B) Yes, the order was not a proprietary act of the government.
(C) No, only the president may raise the defense of immunity
from suit.
(D) Yes, Secretary Chua cannot be sued for acts done in
pursuance to his public office.
(81) Anton was the duly elected Mayor of Tunawi in the local
elections of 2004. He got 51% of all the votes cast. Fourteen
months later, Victoria, who also ran for mayor, filed with the
Local Election Registrar, a petition for recall against Anton. The
COMELEC approved the petition and set a date for its signing
by other qualified voters in order to garner at least 25% of the
total number of Bar Examination Questionnaire for Political
Law Set A registered voters or total number of those who
actually voted during the local election in 2005, whichever is
lower. Anton attacked the COMELEC resolution for being
invalid. Do you agree with Anton?
(A) No, the petition, though initiated by just one person, may be
ratified by at least 25% of the total number of registered voters.
(B) No, the petition, though initiated by just one person may be
ratified by at least 25% of those who actually voted during the
2004 local elections.
(C) Yes, the petition should be initiated by at least 25% of the
total number of registered voters who actually voted during the
2004 local elections.
(D) Yes,the petition should be initiated by at least 25% of the
total number of registered voters of Tunawi.
(82) Using the description of the supplier of shabu given by
persons who had been arrested earlier for selling it, the police
conducted a surveillance of the area indicated. When they saw
a man who fitted the description walking from the apartment to
his car, they approached and frisked him and he did not object.
The search yielded an unlicensed gun tucked on his waist and
shabu in his car. Is the search valid?
(A) No, the man did not manifest any suspicious behavior that
would give the police sufficient reason to search him.
(B) Yes, the police acted on reliable information which proved
correct when they searched the man and his car.
(C) Yes, the man should be deemed to have waived his right to
challenge the search when he failed to object to the frisking.
(D) No, reliable information alone, absent any proof beyond
reasonable doubt that the man was actually committing an
offense, will not validate the search.
(83) A law interfering with the rights of the person meets the
requirements of substantive due process when
(A) the means employed is not against public policy.
(B) it is in accord with the prescribed manner of enforcement
as to time, place, and person.
(C) all affected parties are given the chance to be heard.
(D) the interest of the general public, as distinguished from
those of a particular case, requires such interference.
(84) A judge of the Regional Trial Court derives his powers and
duties from

80
(A) statute.
(B) the President, the appointing power.
(C) Supreme Court issuances.
(D) the rules of court.
(85) When an elective official's preventive suspension will
result in depriving his constituents of his services or
representation, the court may
(A) require the investigating body to expedite the investigation.
(B) hold in abeyance the period of such suspension.
(C) direct the holding of an election to fill up the temporary
vacancy.
(D) shorten the period of such suspension.
(86) When the State requires private cemeteries to reserve
10% of their lots for burial of the poor, it exercises its
(A) eminent domain power.
(B) zoning power.
(C) police power.
(D) taxing power.
(87) In the valid exercise of management prerogative
consistent with the company's right to protect its economic
interest, it may prohibit its employees from
(A) joining rallies during their work shift.
(B) marrying employees of competitor companies.
(C) publicly converging with patrons of competitor companies.
(D) patronizing the product of competitor companies.
(88) The President issued an executive order directing all
department heads to secure his consent before agreeing to
appear during question hour before Congress on matters
pertaining to their departments. Is the executive order
unconstitutional for suppressing information of public concern?
(A) No, because those department heads are his alter egos
and he is but exercising his right against self-incrimination.
(B) Yes, the President cannot control the initiative of the
department heads to conform with the oversight function of
Congress.
(C) Yes, the President cannot withhold consent to the initiative
of his department heads as it will violate the principle of check
and balance.
(D) No, the President has the power to withhold consent to
appearance by his department heads during question hour.
(89) When the President contracted a personal loan during his
incumbency, he may be sued for sum of money
(A) during his term of office.
(B) during his tenure of office.
(C) after his term of office.
(D) after his tenure of office.
(90) The Senate Blue Ribbon Committee summoned X, a
former department secretary, to shed light on his alleged illicit
acquisition of properties claimed by the Presidential
Commission on Good Government. X sought to restrain the
Committee from proceeding with its investigation because of a
pending criminal case against him before the Sandiganbayan
for ill-gotten wealth involving the same properties. Decide. The
investigation may
(A) not be restrained on ground of separation of powers.
(B) be restrained on ground of prejudicial question.
(C) not be restrained on ground of presumed validity of
legislative action.
(D) be restrained for being sub judice.
(91) A government that actually exercises power and control as
opposed to the true and lawful government is in terms of
legitimacy
(A) a government of force.
(B) an interim government.
(C) a de facto government.
(D) an illegitimate government.
(92) The Special Committee on Naturalization is headed by
(A) the Secretary of Justice.
(B) the Secretary of Foreign Affairs.
(C) the National Security Adviser.
(D) the Solicitor General.
(93) The President issued Proclamation 9517 declaring a state
of emergency and calling the armed forces to immediately
carry out necessary measures to suppress terrorism and
lawless violence. In the same proclamation, he directed the
government's temporary takeover of the operations of all
privately owned communication utilities, prescribing reasonable

81
terms for the takeover. Is the takeover valid?
(A) Yes, it is an implied power flowing from the President's
exercise of emergency power.
(B) No, it is a power reserved for Congress alone.
(C) Yes, subject to ratification by Congress.
(D) No, it is a power exclusively reserved for the People's
direct action.
(94) A candidate for Senator must be at least 35 years old on
(A) the day he is duly proclaimed.
(B) the day the election is held.
(C) the day he files his certificate of candidacy.
(D) the day he takes his oath of office.
(95) The Office of the Special Prosecutor may file an
information against a public officer for graft
(A) on its own initiative subject to withdrawal of the information
by the Ombudsman.
(B) independently of the Ombudsman, except in plunder cases.
(C) only when authorized by the Ombudsman.
(D) independently of the Ombudsman.
(96) Since the Constitution is silent as to who can appoint the
Chairman of the Commission on Human Rights, the President
appointed W to that position without submitting his appointment
to the Commission on Appointments for confirmation. Is Ws
appointment by the President valid?
(A) No, since the position of Chairman of the Commission was
created by statute, the appointment of its holder requires the
consent of Congress.
(B) Yes, since the power to appoint in the government, if not
lodged elsewhere, belongs to the President as Chief Executive.
(C) Yes, since the power to fill up all government positions
mentioned in the Constitution has been lodged in the
President.
(D) No, because absent any express authority under the
Constitution, the power to appoint does not exist.
(97) The Chief Justice appointed X, the Presidents sister, as
Assistant Court Administrator in the Supreme Court during the
President's tenure. Claiming that the Constitution prohibits the
appointment in government of a Presidents relative, a taxpayer
asks for its nullification. Will the challenge prosper?
(A) Yes, since the appointment essentially violates the law
against nepotism.
(B) Yes, because relatives of the President within the fourth
civil degree cannot be appointed as heads of offices in any
department of government.
(C) No, X's appointment, although in the government, is not in
the Executive Department that the President heads.
(D) No, the position to which X was appointed is not among
those prohibited under the Constitution.
(98)May an incumbent Justice of the Supreme Court be
disbarred as a lawyer?
(A) No, it will amount to removal.
(B) No, his membership in the bar is secure.
(C) Yes, by the Supreme Court itself.
(D) Yes, by Congress in joint session.
(99) Mayor Lucia of Casidsid filed her certificate of candidacy
for congresswoman of the district covering Casidsid. Still, she
continued to act as mayor of Casidsid without collecting her
salaries as such. When she lost the election and a new mayor
assumed office, she filed an action to collect the salaries she
did not get while serving as mayor even when she ran for
congresswoman. Is her action correct?
(A) No, salaries can be waived and she waived them.
(B) No, because her acts as de facto officer are void insofar as
she is concerned.
(C) Yes, public policy demands that a de facto officer enjoy the
same rights of a de jure officer.
(D) A. Yes, it is but just that she be paid for the service she
rendered.
(100) X, a Filipino and Y, an American, both teach at the
International Institute in Manila. The institute gave X a salary
rate of P1,000 per hour and Y, P1,250 per hour plus housing,
transportation, shipping costs, and leave travel allowance. The
school cited the dislocation factor and limited tenure of Y to
justify his high salary rate and additional benefits. The same
package was given to the other foreign teachers. The Filipino
teachers assailed such differential treatment, claiming it is
discriminatory and violates the equal protection clause. Decide.
(A) The classification is based on superficial differences.
(B) The classification undermines the "Filipino First" policy.
(C) The distinction is fair considering the burden of teaching
abroad.
(D) The distinction is substantial and uniformly applied to each
class.

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