2012 Bar Examinations

2012
BAR
EXAMINATIONS
LEGAL ETHICS AND PRACTICAL EXERCISES
28 October 2012
1:30 P.M. -2:30 P.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
The following questionnaire consists of fifty (50) MCQs numbered 1 up to 50
contained in FOURTEEN (14) pages.
Answer each question on the MCQ Answer Sheet by shading completely the
appropriate circle corresponding to the letter you have chosen. (Read the
Marking Instructions on the Answer Sheet)
Avoid erasures on the Answer Sheet. I f you need to make corrections, erase
completely the answer you want to change.
Do not explain your answers in the MCQ portion of the exam. You will not
earn any credit for that.
Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not
fold, roll, scratch, crumple or tear it.
You may write on the questionnaire and use it as scratch paper but make
sure to transfer your answer to the Answer Sheet. Provide ample time to
transfer the answers i f you choose to do this.
Answer first the MCQs completely before going to the Memorandum Writing
Test.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS FIFTEEN (15) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
1. Atty. Galing is a Bar topnotcher. He has been teaching major subjects
in a law school for eight (8) years and has mastered the subjects he is
handling. Is he exempt from the MCLE requirement?
a. No, eight (8) years experience is not enough.
b. Yes, since he has mastered what he is handling.
c. Yes, professors of law are exempted.
d. No, since he is not yet a Bar reviewer.
2. Atty. Rey has been a professor in the Legal Management Department of
Y University for thirty (30) years. He teaches Constitution, Obligation
and Contracts, Insurance, Introduction to Law. Is he exempted from the
MCLE requirement?
a. Yes, because his teaching experience is already more than ten

(10) years.
b. No, because he is not teaching in the College of Law.
c. Yes, because of his field of knowledge and experience.
d. No, because Y University is not accredited.
3. The term of Dean Rex of X College of Law expired in the first year of
the third compliance period. Does his exemption extend to the full
extent of said compliance period?
a. No, he must comply with all the unit requirements.
b. Yes, to the full extent.
c. No, but comply proportionately.
d. Yes, but he must apply for exemption.
4. What is the duration of MCLE Compliance Period?
a. Twelve (12) months;
b. Twenty four (24) months;
c. Thirty six (36) months;
d. Eighteen (18) months.
5. When does compliance period begin?
a. When the lawyer actually begins law practice;
b. Upon admission/readmission to the Bar;
c. 01 October 2009;
d. 01 October 2006.
6. Does the MCLE requirement apply at once to a newly-admitted lawyer?
a. Yes, if admitted to the Bar and there are four (4) more
months remaining of the compliance period.
b. No, wait for the next compliance period.
c. Yes, if he will start law practice immediately.
d. Yes, if more than one (1) year remains of the compliance period.
7. What is the purpose of MCLE?
a. To conform with the requirements of international law.
b. To provide a venue to improve fraternal relations among lawyers.
c. To keep abreast with law and jurisprudence and to
maintain the ethical standards of the profession.
d. To supplement legal knowledge due to substandard law schools.
8. Atty. Aga was appointed as Treasurer by the IBP President with the
approval of the Board of Governors for a term coterminous with that of
the President. A year thereafter, Atty. Aga ran as Barangay Chairman of
their place, and took a leave of absence for two (2) weeks to
campaign. May Atty. Aga re-assume as Treasurer after his leave of
absence?
a. Yes, since he lost in the election.
b. No, because he was deemed resigned upon filing of his
certificate of candidacy.
c. Yes, because his position as Treasurer is coterminous with the

President of the I BP.
d. No, because he should first seek the approval of the IBP Board of
Governors before running as Brgy. Chairman.
9. Atty. Magtanggol of the PAO was assigned to defend X who is accused
of Slight Physical Injury before the MTC of a far-flung town. During the
trial, P02 Tulco appeared in court on behalf of the complainant. Atty.
Magtanggol objected to his appearance since the policeman is not a
member of the Bar.
a. The objection is valid. It should be the public prosecutor who
should prosecute the criminal action.
b. Atty. Magtanggol is just afraid that his client may be convicted
through the efforts of a non-lawyer.
c. In the courts of a municipality, a party may conduct his litigation
in person or with the aid of an agent or friend.
d. If a public prosecutor is not available, at least a private
prosecutor who must be a lawyer should be designated.
10.
Bong Tupak, a second year law student, was charged in the RTC
for Forcible Abduction with Rape. Having knowledge of criminal law and
procedure, he dismissed the counsel de oficio assigned and appeared
for himself. He asserted that there was lack of force. Eventually, the
RTC found him guilty of Consented Abduction and imposed the penalty.
Bong Tupak now assails the decision, saying that there was a violation
of due process because he was allowed to appear by himself and he
did not know that Consented Abduction is a crime. Decide.
a. An accused before the RTC may opt to defend himself in
person and he cannot fault others for his decision.
b. The RTC should have appointed a counsel de oficio to assist the
accused even if not sought or requested by the accused.
c. There was violation of due process. There is disparity between
the expertise of a public prosecutor and the inexperience of a
2nd year law student.
d. A 2nd year law student has sufficient knowledge of criminal law
and procedure, hence, he is competent to defend himself.
11.
RTC Judge Bell was so infuriated by the conduct of Atty. X who
conveniently absents himself when his clients do not pay his
appearance fee in advance. Atty. X also uses disrespectful and obscene
language in his pleadings . . At one point, when his case was called for
hearing, Atty. X did not appear for his client although he was just
outside the door of the court room. Judge Bell directed the client to
summon Atty. X, but the latter refused. Judge Bell then issued an Order
directing Atty. X to explain why no disciplinary action shall be imposed
on him for this misconduct but he refused the directive. Decide.
a. RTC Judge Bell can suspend Atty. X from the practice of
law before his sala.
b. The case of Atty. X can be dismissed due to non-appearance of

counsel even though the party was present.
c. The hearing of the case should be rescheduled in the interest of
justice.
d. The court can admonish the client for the unprofessional conduct
of his lawyer and ask him to change his lawyer.
12.
Debbie, topnotcher of their class, is now on her 4th year law
studies and has enrolled in the legal aid clinic of the law school. She
was assigned to handle a domestic violence and support case filed by
their client against her husband. During the hearing, the clinic's
supervising attorney introduced Debbie to the Branch Clerk of Court
and then left to oversee another intern. In the midst of the
proceedings, opposing counsel objected to the appearance of Debbie
because she is not yet a lawyer. Decide.
a. Debbie can proceed because the law student practice rule allows
a student who has finished 3rd year of the regular course to
appear without compensation before a trial court.
b. Debbie can proceed since she is appearing only during the trial
and did not sign the pleadings.
c. Debbie cannot proceed without the presence of their
clinic's supervising attorney.
d. Debbie has proven her capability to handle the case and
opposing counsel is objecting only now because he might lose to
a law student.
13.
Atty. Quiso was the retained counsel for Alfa Security Agency and
handled all the cases involving the company. Adam, the Assistant
Manager of the agency, hired Atty. Quiso when he was sued in an
ejectment case. Later, Adam was fired from the agency. Adam did not
return a vehicle and so, Atty. Quiso - as counsel for the security agency
- filed a replevin suit Adam moved for Atty. Quiso's disqualification
considering that the ejectment case is still pending. Is there conflict of
interest?
a. No, the cases are totally unrelated and there is no
occasion to unduly use confidential information acquired
from one case in the other.
b. No, Atty. Quiso is duty bound to handle alI cases of his client,
including the replevin case against Adam.
c. Yes, proscription is against representation of opposing parties
who are present clients or in an unrelated action.
d. Yes, Atty. Quiso must withdraw as counsel for Adam, otherwise he
will lose his retainer
14.
Mr. Joseph, owner of an investment house, consulted a friend,
Atty. Miro, about a potential criminal action against him because he
cannot pay investors due to temporary liquidity problems. Atty. Miro
asked Mr. Joseph to transfer to him all assets of the firm and he will
take charge of settling the claims and getting quitclaims. A month
later, Mr. Joseph was surprised to receive a demand letter from Atty.
Miro , as counsel for all the claimants , for the pay back of their
investments. After a while, Mr. Joseph received releases and quitclaims
from the investors, with desistance from filing criminal action against
him. Atty. Miro later told Mr. Joseph that he sent the demand letter so
he can claim attorney's fee. Was there a conflict of interest?
a. No, there was no formal engagement of Atty. Miro as counsel for
Mr. Joseph.
b. Yes, by giving legal advice to Mr. Joseph, the latter became a
client of Atty. Miro.
c. No, there is no attorney-client relationship between Mr. Joseph
and Atty. Miro as no attorney's fee was charged nor paid to the
latter.
d. Yes, because Atty. Miro was representing Mr. Joseph when
he disposed the assets to pay off the claims.
15.
Atty. Gelly passed the Bar in 1975. After taking his oath, he did
not enlist in any IBP chapter because he went to the USA to pursue a
Master's Degree. Eventually, he passed the state bar and specialized in
lmmigration law. In 2005. he returned to the Philippines and was but
the IBP is charging him from 1975 up to the present and threatening
him with expulsion if he does not comply. Is the IBP correct?
a. Atty. Gelly cannot be compelled to pay the IBP dues because he
was not engaged in the practice of law from 1975-2005.
b. Atty. Gelly is exempt from 1975-2005 because he was out of the
country.
c. Atty. Gelly should pay the dues from 1975 to the present
since membership in the IBP is compulsary.
d. Atty. Gelly should not pay because the rule on bar integration is
unconstitutional for compelling a lawyer to join an association.
16.
Mr. Joey owns a 5-hectare parcel of land which is being
expropriated as market site. The government is offering only Php 15
per sqm while Mr. Joey deserves Php 20 per sqm. Atty. AI agreed to
represent Mr. Joey in the expropriation case on contingent basis in that
his attorney's fees shall be the excess of Php 20 per sqm. Due to
expert handling, the expropriation court awarded Mr. Joey the fair
market value of Php 35 per sqm. Mr. Joey complained to the court that
the attorney's fee being charged is excessive as it amounts to about
63/o of the award. Decide.
a. A retainer's agreement, as a contract, has the force of law
between the parties and must be complied with in good faith.
b. It was the excellent handling of the case that resulted in a bigger
award; hence, it is fair that Atty. AI should be rewarded with the
excess.
c. Mr. Joey got the desired valuation for his land. So, he must honor
his contract with Atty. AI.
d. Attorney's fees is always subject to court supervision and

may be reduced by the court based on quantum meruit.
17.
Atty. Atras was the counsel for Mr. Abante. Soon after the case
was submitted for decision, Mr. Abante got the files and informed Atty.
Atras that he was hiring another lawyer. On that same day, a copy of
the decision was received by Atty. Atras but he did not do anything
anymore. He also' failed to file his withdrawal, and no appearance was
made by the new counsel. When Mr. Abante found out about the
adverse decision, the period to appeal had lapsed. Was service to Atty.
Atras effective?
a. Yes, Atty. Atras is still considered the counsel of record
until his withdrawal of appearance has been actually filed
and granted.
b. Service should be done on Mr. Abante because he had already
severed lawyer-client relationship with Atty. Atras.
c. Service should be done on the new counsel as soon as he enters
his appearance.
d. Service upon Atty. Atras is not effective because his services
have already been terminated by the client.
18.
Atty. Utang borrowed from Y Php 300,000.00 secured by a post
dated check. When presented, the check was dishonored. Y filed a BP
22 case in court, and a disbarment complaint with the IBP. In the latter
case, Atty. Utang moved for dismissal as the act has nothing to do with
his being. a lawyer and that it is premature because the case is
pending and he is entitled to presumption of innocence. Should the
disbarment complaint be dismissed?
a. No, because lawyers may be disciplined for all acts,
whether professional or private.
b. Yes, there is no conviction yet.
c. Yes, BP 22 does not involve moral turpitude.
d. No, unless he pays the amount of the check to the satisfaction of
Y.
19.
Atty. Juan Cruz of the Cruz, Cruz and Cruz Law Office personally
handled a damage case of Mr. Gonzalo which resulted in an award of
Php 500,000.00. The writ of execution was served by Sheriff Onoy, but
resulted in recovery of only Php 70,000.00. Mr. Gonzalo was unsatisfied
and filed an administrative complaint. When informed, Sheriff Onoy
berated and threatened Mr. Gonzalo; and for this, the Sheriff was
charged with Grave Threat. Atty. Pedro Cruz of the same Cruz, Cruz and
Cruz Law Office appeared as defense counsel pro bono. Mr. Gonzalo
seeks his disqualification. Decide.
a. No conflict of interest. The Grave Threat case arose out of a
different factual scenario.
b. There is conflict of interest because both Atty. Juan Cruz and Atty.
Pedro Cruz belong to one law office.
c. No conflict of interest since the court case was wholly handled by

Atty. Juan Cruz. The law office did not participate in any way.
d. No conflict of interest. No likelihood that information in
the civil case can be used in the criminal case.
20.
Atty. Lorna, a legal officer of a government agency, and Chona, a
nurse in the medical department, were best friends. At one time,
Chona consulted Atty. Lorna about a legal matter, revealing that she is
living with a married man and that she has a child out of wedlock
fathered by another man. Later, the relation between Atty. Lorna and
Chona soured. When Chona applied for promotion, Atty. Lorna filed
immorality charges against Chona utilizing solely the disclosure by the
latter of her private life. Chona objected and invoked confidentiality of
information from attorney-client relationship. Decide.
a. There is no attorney-client relationship because, being in the
government, Atty. Lorna is disallowed from practicing her
profession.
b. No lawyer-client relationship privilege because the information
was given as a friend, and not as a lawyer.
c. Personal secrets revealed to Atty. Lorna for the purpose
of seeking legal. advice is covered by attorney-client
privilege.
d. There is no attorney-client relationship because no attorney's fee
was paid to Atty. Lorna.
21.
Atty. Nelson recently passed the Bar and wanted to specialize in
marine labor law. He gave out calling cards with his name, address and
telephone number in front, and the following words at the back: "We
provide legal assistance to overseas seamen who are repatriated due
to accident, illness, injury, or death. We also offer FINANCIAL
ASSISTANCE." Does this constitute ethical misconduct?
a. No, clients have freedom in the selection of their counsel.
b. No, use of a professional card is a lawful way of announcing his
services as a professional.
c. Yes, because the offer of financial assistance is an
undignified way of luring clients.
d. Yes, because the offer of assistance is stated at the back.
22.
Which of these does not constitute competent evidence of
identity?
a. Passport;
b. SSS card;
c. Community Tax Certificate;
d. Senior Citizen Card.
23.
A recovery of ownership complaint was filed by the Dedo and
Dedo Law Firm, through Atty. Jose Dedo as counsel. During all the
phases of trial, it was Atty. Jose Dedo who appeared. Unfortunately,
Atty. Jose Dedo died before completion of trial. Notices and orders sent
to the Dedo and Dedo Law Firm were returned to the court with the
manifestation that Atty. Dedo already died and requesting the court to
directly send the matters to the client. Is this proper?
a. No, the law firm- through another lawyer - should continue to
appear for the client.
b. Yes, because the death of the handling lawyer terminates
the attorney-client relationship.
c. Yes, because attorney's fees was not paid to the law firm.
d. No, it will be unjust for the client to pay another lawyer.
24.
Which of these is not a ground for disbarment?
a. Conviction of a crime involving moral turpitude.
b. Belligerent disobedience to a lawful order of a trial court.
c. Malpractice or other gross misconduct in office.
d. Grossly immoral conduct.
25.
(unread text)
Supreme Court are handled by:
a. Clerk of Court of the Supreme Court
b. Ombudsman
c. Presiding Justice of the Court of Appeals
d. Office of the Court Administrator
26.
Atty. Aimee was convicted by final judgment of Estafa Thru
Falsification of a Commercial Document, a crime involving moral
turpitude. What is the appropriate penalty?
a. Disbarment
b. Indefinite suspension
c. Suspension for three (3) years
d. Admonition
27.
During the IBP Chapter elections, the candidates for President
were Atty. EJ, a labor arbiter of the NLRC, Fiscal RJ of the DOJ and Atty.
Gani of the PAO. After canvass, Fiscal RJ garnered the highest number
of votes, followed by Arbiter EJ and by Atty. Gani. The winning VicePresident moved for the annulment of the election for President
because all the candidates for President are government officials and
are disqualified. Decide.
a. The election for presidency is invalid, and the elected VicePresident shall assume the Presidency by succession.
b. The election is a failure, and new elections should be held.
c. Fiscal RJ and Arbiter EJ are disqualified. Atty. Gani should
be declared winner.
d. All the candidates who are government officials are deemed
resigned upon their acceptance of nomination; and so, Fiscal RJ is
winner.
28.
Atty. Edad is an 85 year old lawyer. He does not practice law
anymore. However, his IBP Chapter continues to send him notices to
pay his IBP dues of more than ten (10) years with warning that failure
to comply will result in the removal of his name. Piqued by this, Atty.
Edad filed with the IBP Secretary a sworn letter notifying that he is
voluntarily terminating his membership with the IBP. Should he be

allowed?
a. No, because membership in IBP is compulsory for all lawyers.
b. Yes, an erstwhile IBP member may terminate his
membership for good reasons.
c. No, that is only a ploy to evade payment of IBP dues.
d. Yes, it will violate his right not to join an association.
29.
Who elects the members of the Board of Governors of the IBP?
a. The Presidents of all IBP Chapters;
b. The members at large of the IBP;
c. The House of Delegates;
d. The Past Presidents of all IBP chapters.
30.
Who elects the President and Vice-President of the IBP?
a. The President of all IBP Chapters;
b. The IBP members voting at large;
c. The Board of Governors;
d. The outgoing IBP officers.
31.
A judge or judicial officer is disqualified to hear a case before him
wherein a party is related to him by consanguinity or affinity a. up to the 6th degree;
b. up to the 5th degree;
c. up to the 4th degree;
d. up to the 3rd degree.
32.
A judge or judicial .officer should inhibit himself from hearing a
case before him where the counsel for either party is a relative by
consanguinity or affinity a. up to the 3rd degree;
b. up to the 4th degree;
c. up to the 5th degree;
d. up to the 6th degree.
33.
Victor has been legally separated from his wife, Belen for fifteen
(15) years. He has found true love and happiness with Amor and they
lived together as husband and wife. Amor convinced Victor to study
law and gave him financial support. Recently, Victor passed the 2011
Bar Examinations. Upon knowing this, Belen filed a complaint against
Victor for immorality. Should Victor be allowed to take oath as an
attorney?
a. Yes, his relationship with Amor is imbued with genuine love and
cannot be considered immoral and indecent.
b. Yes, legal separation does not allow the spouses to remarry.
c. No, because legal separation does not dissolve the
marriage and, therefore, Victor's relationship with Amor
is still considered illicit.
d. Yes, it is totally unfair for Belen to complain since they have lived
separate lives.
34.
Judge Nacy personally witnessed a vehicular accident near his
house. Later, the Reckless Imprudence case was raffled to his sala. Is
there a valid ground for his inhibition?
a. No. he is not acquainted nor related with any of the parties or
lawyer.
b. No, his personal knowledge of what actually happened will even
ensure that he will decide the case justly on the basis of the true
facts.
c. Yes, because a judge should decide a case on the basis of
the evidence presented before him and not on extraneous
matters.
d. No, because there is no ground for disqualification and no motion
for inhibition.
35.
Judge Ramon obtained a two (2) year car loan from a financing
company. He never paid a single amortization. After the lapse of two
(2) years, the financing company filed an administrative complaint
against the judge for willful failure to pay a just debt. Is the judge
administratively liable?
a. No, since the loan is not connected with his judicial function.
b. Yes, because a judge should avoid impropriety or the
appearance of impropriety even in his private dealings.
c. No, the financing company should have availed of the remedy of
foreclosure.
d. No, because the administrative charge is only meant to force the
judge to pay.
36.
Bong, son of Judge Rey, is a fourth year law student. He helped
his friend prepare an affidavit-complaint for Violation of Batas
Pambansa Big. 22. After drafting, they showed it to Judge Rey who
made some corrections. Later, the BP 22 case was raffled to Judge Rey
who tried and convicted the accused. Was there impropriety?
a. Yes, since Judge Rey was not a fair and impartial judge.
b. No, the evidence for the prosecution was strong and
sufficient to prove guilt beyond reasonable doubt.
c. No, because any other judge would also have convicted the
accused.
d. No, those matters were not known to the accused.
37.
Atty. Fred is a law practitioner and headed a law firm bearing his
name and those of his partners. When Atty. Fred was elected as
Congressman, his client's needs were handled by the other partners.
Later, A, a newly proclaimed congressman-friend , faced an election
protest before the HRET, and sought the help of Congressman Fred
who immediately directed his law firm to appear for A. 8, the
protestant, sought the disqualification of Congressman Fred's law firm
from appearing before the HRET because Congressman Fred is
prohibited from practicing his profession. Decide.
a. Yes, Congressman Fred's law firm is disqualified because

Congressman Fred may exercise undue influence on his peers
who are members of HRET.
b. No, the law firm is not disqualified because it is another partner,
and not Congressman Fred who is appearing.
c. No, the prohibition is on Congressman Fred from personally
appearing, and not to his partners.
d. Yes, the spirit of the prohibition is clearly to avoid
influence and cannot be indirectly circumvented.
38.
Vice-Mayor Ron is a well-loved law practitioner because he
assists his constituents, especially the indigents. Ed, one of his friends
who is employed as Cashier in the Register of Deeds, sought his
assistance because he was charged with Malversation in court. Can
Vice-Mayor Ron appear as counsel of Ed?
a. Yes, members of the Sanggunian are allowed to practice their
profession.
b. No, because Ed is charged with an offense in relation to his
office.
c. Yes, since the position of Ed does not pertain to the local
government.
d. No, because all criminal cases are against the
government.
39.
Atty. Noe was elected Vice-Governor and continued with his law
practice. Later, the governor went on sick leave for one (1) year and
Atty. Noe was designated as Acting Governor. Since hearings have
already been set, can Atty. Noe continue appearing as counsel in the
cases handled by him?
a. Yes, because his election is only as Vice-Governor, and his
delegation as Governor is only temporary.
b. Yes, but only for the hearings that have already been set.
c. Yes, provided Atty. Noe seeks the permission of DILG.
d. No, all governors- even under acting capacity- are
prohibited from exercising their profession.
40.
Atty. Dude is the COMELEC Officer in a very distant municipality.
He is. the only lawyer in that area. When election period is over, he has
much spare time. Many people go to him for counseling, legal advice,
preparation of documents of Sale, Mortgage and the like. He does not
charge a fee in money, but he receives gifts which are offered. Is there
impropriety?
a. Yes, giving legal advice and preparing legal documents, even if
free, constitutes private practice of law, which is prohibited of
government employees.
b. No, it is only giving of advices, and not court appearance.
c. Yes, because Atty. Dude accepts gifts.
d. No, since Atty. Dude does not accept money.
41.
A notary public is required to record chronologically the notarial
acts that he performs in the:
a. Notarial Book;
b. Roll of Documents Notarized;
c. Notarial Register;
d. Notarial Loose Leafs Sheets.
42.
A party to a contract does not know how to write. Neither can he
affix his thumbmark because both hands were amputated. How will
that person execute the contract?
a. Ask the party to affix a mark using the toe of his foot in
the presence of the notary public and two (2)
disinterested
and
unaffected
witnesses
to
the
instrument.
b. Ask the party to hold the pen with his teeth and affix a mark to
be followed by the signature of one friend.
c. The party may ask the notary public to sign in his behalf.
d. None of the above.
43.
The reports of a Notary Public are submitted to the:
a. Executive Judge;
b. Court Administrator;
c. Notarial Archives;
d. Clerk of Court.
44.
Atty. Tony is a 25 year old Filipino lawyer. He has been a resident
in Paranaque City for about ten (1 0) years and holds office in his
residence. He filed a petition for appointment as Notary Public in
Paranaque and has clearance from the I BP and the Bar Confidant.
However, it appears that while still a college student, he was convicted
by a Laguna Court for Reckless Imprudence Resulting in Damage to
Property. During the summary hearing of his petition, the offended
party therein strongly objected on that ground. Can Atty. Tony be
appointed?
a. No, because he has a previous criminal record.
b. No, because of the opposition.
c. Yes, the offense of Reckless Imprudence does not involve
moral turpitude.
d. Yes, since the Reckless Imprudence case did not happen in the
jurisdiction where Atty. Tony is applying.
45.
What is the effect when the parties to a document acknowledged
before a notary public did not present competent evidence of identity?
a. Voidable;
b. Valid;
c. Invalid Notarization;
d. Unenforceable.
46.
The petition for appointment as a notary public should be filed
with:
a. The Office of the Court Administrator;
b. The Clerk of Court;

c. The MeTC Executive Judge;
d. The RTC Executive Judge.
47.
What is a retaining lien?
a. The lawyer who handled the case during the trial stage should
continue to be retained up to the appeal.
b. The right of the lawyer to be retained as counsel for a party until
the entire case is finished.
c. The right of a lawyer who is discharged or withdrawn to
keep the records and property of the client in his
possession until his lawful services have been paid.
d. The prerogative of a client's retainer to recover out-of-pocket
expenses.
48.
For grave misconduct, a lawyer was suspended from the practice
of law indefinitely. Is he still obliged to pay his IBP dues during his
suspension?
a. Yes, as he continues to be a lawyer and a member of the
IBP.
b. No, because indefinite suspension is practically disbarment.
c. No need to pay IBP dues because he cannot practice anyway.
d. Pay only after the lifting of the suspension, if it comes.
49.
Because of his political beliefs, Atty. Guerra joined a rebel group.
Later, he was apprehended and charged with Rebellion in court. A
disbarment case was also filed against him. While the case was
pending, the government approved a general amnesty program and
Atty. Guerra applied for and was granted amnesty. Should the
disbarment case be also dismissed automatically?
a. Yes, because amnesty obliterates the criminal act.
b. No, disciplinary action on lawyers are sui generis and
general penal principles do not strictly apply.
c. No, a lawyer has the duty to maintain allegiance to the Republic
of the Philippines and to support the Constitution and obey the
laws of the Philippines.
d. Yes, if the Secretary of Justice approves the dismissal.
50.
Soon after Atty. Cesar passed the Philippine Bar in 1975, he also
took the New York State Bar and passed the same. He practiced law for
25 years in the USA, but he was disbarred therein for insurance fraud.
He returned to the Philippines and started to practice law. X, who knew
about his New York disbarment, filed a disbarment complaint with the
IBP. Decide.
a. The factual basis for the New York disbarment which is
deceit also constitutes a ground for disbarment in the
Philippines.
b. The acts complained of happened in a foreign country and
cannot be penalized here.
c. Norms of ethical behavior of lawyers are the same worldwide.
d. A lawyer's fitness to become a lawyer must be maintained

wherever he may be.
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD
WATCHER.
2012
BAR
EXAMINATIONS
28 October 2012
2:30 P.M. - 5:00 P.M.
Set B
INSTRUCTIONS
The following questionnaire consists of FIFTEEN (15) pages, including this
page.
You are presented with a hypothetical case trial scenario plus research
materials (provisions of law and jurisprudence) that you may want to use in
your work. These materials are designed to provide sufficient basis for your
Memorandum. But you are free to include such laws, rules and principles not
provided that you feel will enhance your work. Some of these materials may
be irrelevant. Consequently, use your judgment in writing only what is
relevant to the position you take.
You are given three things: (a) the case trial scenario, (b) a Draft Pad and (c)
Answer Pad. You are free to jot notes or place helpful markings like
underlines on the case trial scenario and the enclosed materials. Use the
Draft Pad for making a draft of your Memorandum as this will permit you to
freely edit and rewrite your work. Editing and rewriting are essential to sound
Memorandum Writing.
Budget your time well. The bells will be rung three times. First bell will be
rung one hour before the end of the exam to signal the need for you to begin
transferring your work to your Answer Pad. Second bell will be rung 15
minutes before the end of the exam to allow you to wrap up your work. And
the third bell will be rung to signal the end of the exam. The Answer Pad will
be collected whether you are finished or not. The time pressure is part of the
exam.
You may prefer to skip the preparation of a draft and write your
Memorandum directly on your Answer Pad. That is allowed.
Quality of writing, not length, is desired.
Corrections even on your final Memorandum on the Answer Pad are allowed
and will not result in any deduction. Still, it is advised that you write clearly,
legibly and in an orderly manner.
You will not be graded for a technically right or wrong Memorandum but for
the quality of your legal advocacy.
The test is intended to measure your skills in:
1. communicating in English - 20%;
2. sorting out and extracting the relevant facts - 15%;
3. identifying the issue or issues presented- 15%; and
4. constructing your arguments in support of your point of view - 50%.

HAND IN YOUR ANSWER PAD. THERE IS NO NEED TO RETURN THE DRAFT PAD
AND THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS FIFTEEN (15) PAGES
INCLUDING THESE (INSTRUCTIONS) PAGES.

Mr. Henry Chao is charged before the Metropolitan Trial Court (MeTC) Manila
with five (5) counts of Violation of Batas Pambansa Big. 22 (B.P. 22). Consider
the factual scenario from the testimonies of complainant Mr. Ben Que and
accused Mr. Henry Chao.
Assume to be the Defense Counsel and prepare a MEMORANDUM
FOR THE ACCUSED for your client, Mr. Henry Chao.
Testimony
of
Mr.
Ben
Que
(After the cases were called for joint trial)
P. Prosecutor : Good Morning, Your Honor. Appearing for the prosecution.
Ready.
D. Counsel : Good Morning, Your Honor. Appearing as counsel for the
accused. Ready.
P. Prosecutor : We are calling to the witness stand, the complainant, Mr.
Ben Que, who will prove the commission of the offense.
Court Staff : Mr. Ben Que, do you swear to tell the truth, the whole truth
and nothing but the truth in this proceeding?
Witness : Yes, sir.
Court Staff
:
State your name, age, status and other personal
circumstances.
Witness : I am Ben Que, 60 years old, married, and a resident of 123
Tridalo Street, Mandaluyong City
P. Prosecutor : Mr. Que, do you know Mr. Henry Chao who is the accused in
this case and, if so, under what circumstances?
Witness : Yes, sir. He is the Manager of Atlas Parts. Last June 01, 2011,
accused borrowed from me the amount of P 50,000.00, with 5/o monthly
interest, payable in five (5) equal monthly installments of P 12,500.00. He
said that the money will be used to pay for their stocks.
P. Prosecutor : Did you execute a document to evidence your transaction?
Witness : As per our agreement, he issued and delivered to me five ( 5)

checks.
D. Counsel : Your Honor, please. For the record, I take exception to the
statement of the witness that he received checks from the accused. If we
closely examine these instruments, it will show that they are NOW slips, that
is , Negotiable Order of Withdrawal slips. These are not bills of exchange
within the meaning of the Negotiable Instruments Law, and therefore, cannot
be considered as checks.
P. Prosecutor : Your Honor, they are still bank instruments. Complainant Mr.
Que specifically required the issuance of checks to facilitate and ensure the
payment of the obligation, and the accused issued and delivered them for
that purpose. Violation of the Bouncing Checks Law is malum prohibitum.
The law was enacted to maintain faith in bank instruments for utilization in
commercial transactions. We have to apply the spirit of the law.
COURT : Observation noted.
P. Prosecutor : When and where did the accused execute and hand over to
you these five (5) instruments?
Witness : On June 01, 2011, at my house in Mandaluyong City, after I gave
him in cash the P 50,000.00 that he loaned.
P. Prosecutor : And where are these instruments now?
Witness : Here sir. (Witness handling them to the prosecutor.)
P. Prosecutor : May I manifest for the record the observation that the
instruments are of the same size and material as the normal checks and
have these check-like features:
NOW Account No. 123456
Atlas Parts
PAY TO: Mr. Ben Que
PESOS: Twelve Thousand Five
Hundred Pesos
No. 0001
Date: July 1,
2011
P 12,500.00
Sgd.
Chao
Alloy
Pasong
Makati
Tamo
Henry
Bank
Branch
P. Prosecutor : Do you know whose signature is that appearing on the

lower right side of this instrument and all the four (4) others, as well?
Witness : Those are the signatures of the accused Henry Chao. I personally
saw him sign them and thereafter, handed the five (5) instruments to me.
P. Prosecutor : May I request that No. 0001 dated July 1, 2011 in the
amount of P 12,500.00 be marked as Exhibit A for the prosecution; No. 0002
dated August 1, 2011 also in the same amount as Exhibit B; No. 0003 dated
September 2, 2011 as Exhibit C; No. 0004 dated October 1, 2011 as Exhibit
D; and No. 0005 dated November 1, 2011 as Exhibit E.
COURT : Mark them as requested.

P. Prosecutor : What did you do with these instruments which represented
the installment payments of accused for his loan obligation?
Witness : On their respective due dates, I deposited each of them to my
Savings Account at BOD Bank, Manila City Hall Branch in Manila, but all of
them were dishonored by the drawee, Alloy Bank, for the reason "Account
Closed."
P. Prosecutor : What proof do you have that these instruments were
dishonored?
Witness : I received several debit advices from BOD Bank together with
the returned slips with a stamp at the back stating as follows:
DISHONORED/RETU
RNED
Reason:
Account
Closed
Officer: Mr. M
P. Prosecutor : May I request that the stamps of dishonor and the reason
"Account Closed" appearing at the back of each instrument be
correspondingly marked as Exhibits A-1 to E-1, respectively.
COURT : Mark them accordingly.
D. Counsel : I move to strike out this particular testimony for being
hearsay. This witness is not competent to testify on these matters pertaining
to bank records.
COURT : Does the defense deny that all five (5) instruments were
dishonored and returned to the witness?
D. Counsel : No, Your Honor. But these matters should be testified on by
the bank personnel.
COURT : Motion to strike is denied.
P. Prosecutor : What action did you take?
Witness : After each dishonor, I personally went to Mr. Chao and
demanded that he make good his commitment, but he merely ignored my
demands.
P. Prosecutor : What did you do then after all the five (5) instruments were
dishonored and your demands ignored?
Witness : I consulted a lawyer and he advised me to send a formal
demand letter to the accused, which I did. On January 2, 2012, I sent the
letter by registered mail to Mr. Henry Chao to his office address at 007
Malugay Street, Malabon City giving him five (5) days to make good his
promise.
Here is the registry receipt.
P. Prosecutor : I request that the demand letter be marked as Exhibit F and

that the Registry Receipt No. 321 dated January 2, 2012 posted at
Mandaluyong City Post Office be marked as Exhibit G for the prosecution.
COURT : Mark it then.
P. Prosecutor : Do you know if accused actually received your letter sent
by registered mail?
Witness : I assumed that he had received it because the registered letter
was not returned to me.
D. Counsel : I take exception to that statement. Your Honor, because
jurisprudence require actual receipt by the drawer of the demand before any
criminal liability can attach.
P. Prosecutor : May I clarify, Your Honor, that the five (5) days from notice
of dishonor given to the drawer of a check to make arrangement for payment
by the drawee of the amount of the dishonored checks is to forestall the
existence of a prima facie evidence of knowledge of the insufficiency of
funds. But here, the reason of the dishonor is "Account Closed," and not just
insufficiency of funds. In short, there is actual proof of lack of credit with
drawee bank. The account is already closed and accused cannot even make
a deposit anymore.
COURT : The manifestation is noted.
P. Prosecutor : Has the accused paid the amounts covered by the dishonored
instruments?
Witness : No, sir. He has arrogantly refused to make any payment.
P. Prosecutor : No further questions.
COURT : Cross.
D. Counsel : With the Court's permission. You earlier stated that accused
Henry Chao is the Manager of Atlas Parts and that the money borrowed was
used to pay for their stocks, is that correct?
Witness : Yes, sir. That is what he told me.
D. Counsel : So, it is clear that the money loaned from you was not used
by the accused for his benefit?
Witness : I do not know how he used it. The fact is that I lent the money to
him.
D. Counsel : Regarding the demand letter that you allegedly sent to
accused, do you have the registry return card showing that accused received
the letter?
Witness : No, sir. But I have the registry receipt. Since the letter was not
returned to sender, it is presumed that it was received by the addressee.
D. Counsel : Is it not a fact that you have filed another collection suit
against Atlas Parts seeking to recover the same P 50,000.00 covered by the
dishonored slips?
Witness : Yes, sir. That is true because I want to recover my money from
either of them.
D. Counsel : No further questions, Your Honor.
Testimony of Mr. Henry Chao
(After oath and formal of his of testimony.)
D. Counsel : Do you own NOW Account No. 123456 maintained at Alloy

Bank, Pasong Tamo Branch?
Witness : No, sir. That is owned by my employer Atlas Parts and, as the
Manager, I am the signatory.
D. Counsel : Mr. Chao, in June 2011 when you issued the dishonored NOW
slips, did you derive any personal benefit from the amount loaned?
Witness : No, sir. The money was used to pay an account payable.
D. Counsel : During the due dates of the NOW slips that you issued to Mr.
Que, were you still the Manager of Atlas Parts?
Witness : Not anymore, sir, because in the middle of June 2011, I resigned
as Manager, and I was not aware of the dishonor.
D. Counsel : Did you receive the demand letter sent to you by Mr. Que
after the dishonor?
Witness : No, sir.
COURT : Cross?
P. Prosecutor : With the kind permission of the Court. Mr. Chao, is it not a
fact that Mr. Que specifically required you to issue checks to pay the monthly
installment of the loan?
Witness : Yes, sir.
P. Prosecutor : You will agree with me that without those five (5) checks, or
NOW slips as you call them, Mr. Que will not lend money to you?
Witness : Yes, sir.
P. Prosecutor : You will also agree that the demand letter of Mr. Que was
delivered to yo'ur office address because that is the address that you gave to
Mr. Que in connection with your transaction?
Witness : Yes, sir. That is possible, but I was not able to receive it because I
had already resigned and I could not do anything anymore.
P. Prosecutor : That is all, Your Honor.
LAWS AND JURISPRUDENCE
A. BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK
WITHOUT SUFFICIENT FUNDS OR CREDITS AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws
and issues any check to apply on account or for value, knowing at the time
of issue that he does not have sufficient funds in or credit with the drawee
bank for the payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment,
shall be punished by imprisonment of not less than thirty (30) days but not
more then one (1) year or by a fine of not less than but not more than double
the amount of the check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at the discretion of the
court.
The same penalty shall be imposed upon any person who, having sufficient
funds in or credit with the drawee bank when he makes or draws and issues
a check, shall fail to keep sufficient funds or to maintain a credit to cover the
full amount of the check if presented within a period of ninety (90) days from
the date appearing thereon, for which reason it is dishonored by the drawee
bank.
Where .the check is drawn by a corporation, company or entity, the person
or persons who actually signed the check in behalf of such drawer shall be
liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing
and issuance of a check, payment of which is refused by the drawee because
of insufficient funds in or credit with such bank when presented within ninety
(90) days from the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit unless such maker or
drawer pays the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of such check within five (5)
banking days after receiving notice that such check has not been paid by the
drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the
drawee of any check, when refusing to pay the same to the holder thereof
upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason for drawee's dishonor or
refusal to pay the same. Provided, that where there are no sufficient funds in
or credit with such drawee bank, such fact shall always be explicitly stated in
the notice of dishonor or refusal. In all prosecutions under this Act, the
introduction in evidence of any unpaid and dishonored check, having 'the
drawee's refusal to pay stamped or written thereon or attached thereto, with
the reason therefor as aforesaid, shall be prima facie evidence of the making
or issuance of said check, and the due presentment to the drawee for
payment and the dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached by the drawee on
such dishonored check.
Notwithstanding receipt of an order to stop payment, the drawee shall state
in the notice that there were no sufficient funds in or credit with such bank
for the payment in full of such check, if such be the fact.
B. NEGOTIABLE INSTRUMENTS LAW
ACT NO. 2031
AN ACT ENTITLED "THE NEGOTIABLE INSTRUMENTS LAW."
Section 1. Form of negotiable instruments. - An instrument to be negotiable
must conform to the following requirements:
(a) It must be in writing and signed by the maker or drawer;
(b) Must contain an unconditional promise or order to pay a sum certain in
money;
(c) Must be payable on demand, or at a fixed or determinable future time;
(d) Must be payable to order or to bearer; and
(e) Where the instrument is addressed to a drawee, he must be named or
otherwise indicated therein with reasonable certainty.
Section 126. Bill of exchange, defined. - A bill of exchange is an

unconditional order in writing addressed by one person to another, signed by
the person giving it, requiring the person to whom it is addressed to pay on
demand or at a fixed or determinable future time a sum certain in money to
order or to bearer.
Section 185. Check, defined. - A check is a bill of exchange drawn on a bank
payable on demand. Except as herein otherwise provided, the provisions of
this Act applicable to a bill of exchange payable on demand apply to a check.
C. RULES OF COURT
RULE 132
Section 34. Offer of evidence. - The court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered
must be specified.
Section 35. When to make offer. - As regards the testimony of a witness, the
offer must be made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a
party's testimonial evidence. Such offer shall be done orally unless allowed
by the court to be done in writing.
JURISPRUDENCE
Isip vs. People
G. R. No. 170298, June 26, 2007, 525 SCRA 735
The concept of venue of actions in criminal cases, unlike in civil cases, is
jurisdictional. The place where the crime was committed determines not only
the venue of the action but is an essential element of jurisdiction. It is a
fundamental rule that for jurisdiction to be acquired by courts in criminal
cases, the offense should have been committed or any one of its essential
ingredients should have taken place within the territorial jurisdiction of the
court. Territorial jurisdiction in criminal cases is the territory where the court
has jurisdiction to take cognizance or to try the offense allegedly committed
therein by the accused. Thus, it cannot take jurisdiction over a person
charged with an offense 13llegedly committed outside of that limited
territory. Furthermore, the jurisdiction of a court over the criminal case is
determined by the allegations in the complaint or information. And once it is
so shown, the court may validly take cognizance of the case. However, if the
evidence adduced during the trial shows that the offense was committed
somewhere else, the court should dismiss the action for want of jurisdiction.
Alferez vs. People
G.R. No. 182301, January 31, 2011, 641 SCRA 116
In this case, the prosecution merely presented a copy of the demand letter,
together with the registry receipt and the return card allegedly sent to
petitioner. However, there was no attempt to authenticate or identify the
signature on the registry return card. Receipts for registered letters and
return receipts do not by themselves prove receipt ; they must be properly
authenticated to serve as proof of receipt of the letter, claimed to be a notice
of dishonor. To be sure, the presentation of the registry card with an
unauthenticated signature, does not meet the required proof beyond
reasonable doubt that petitioner received such notice. It is not enough for
the prosecution to prove that a notice of dishonor was sent to the drawee of
the check .. The prosecution must also prove actual receipt of said notice,
because the fact of service provided for in the law is reckoned from receipt of
such notice of dishonor by the drawee of the check. The burden of proving
notice rests upon the party asserting its existence. Ordinarily, preponderance
of evidence is sufficient to prove notice. In criminal cases, however, the
quantum of proof required is proof beyond reasonable doubt. Hence, for B. P.
Big. 22 cases, there should be clear proof of notice. Moreover, for notice by
mail, it must appear that the same was served on the addressee or a duly
authorized agent of the addressee. From the registry receipt alone, it is
possible that petitioner or his authorized agent did receive the demand
letter. Possibilities, however, cannot replace proof beyond reasonable doubt.
The consistent rule is that penal statutes have "to be construed strictly
against the State and liberally in favor of the accused. The absence of a
notice of dishonor necessarily deprives the accused an opportunity to
preclude a criminal prosecution. As there is insufficient proof that petitioner
received the notice of dishonor, the presumption that he had knowledge of
insufficiency of funds cannot arise.
Lozano vs. Hon. Martinez
G.R. Nos. L-63419, L-66839-42, L-71654, L-74524-25, L-75122-49, L-7581213, L-75765-67 and L-75789, December 18, 1986, 146 SCRA 323
The gravemen of the offense punished by B.P. 22 is the act of making and
issuing a worthless check or a check that is dishonored upon its presentation
for payment. It is not the non-payment of an obligation which the law
punishes. The law is not intended or designed to coerce a debtor to pay his
debt. The thrust of the law is to prohibit, under pain of penal sanctions, the
making of worthless checks and putting them in circulation. Because of its
deleterious effects on the public interest, the practice is proscribed by law.
The law punishes the act not as an offense against property, but an offense
against public order.
Ambito vs. People
G.R. No. 127327, February 13, 2009, 579 SCRA 69
The mere act of issuing a worthless check - whether as a deposit, as a
guarantee or even as evidence of pre-existing debt - is malum prohibitum.
Under B.P. Big. 22, the prosecution must prove not only that the accused
issued a check that was subsequently dishonored. It must also establish that
the accused was actually notified that the check was dishonored, and that he
or she failed, within five (5) banking days from receipt of the notice, to pay
the holder of the check the amount due thereon or to make arrangement for
its payment. Absent proof that the accused received such notice, a
prosecution for violation of the Bouncing Checks Law cannot prosper.
The absence of a notice of dishonor necessarily deprives an accused an
opportunity to preclude a criminal prosecution. Accordingly, procedural due
process clearly enjoins that a notice of dishonor be actually sent to and
received by the accused. The accused has a right to demand - and the basic
postulates of fairness require-- that the notice of dishonor be actually sent to

and received by the same to afford him/her the opportunity to avert
prosecution under B.P. Big. 22.
Gosiaco vs. Ching
G.R. No. 173807, April 16, 2009, 585 SCRA 471
B.P. Big. 22 imposes a distinct civil liability on the signatory of the check
which is distinct from the civil liability of the corporation for the amount
represented from the check. The civil liability attaching to the signatory
arises from the wrongful act of signing the check despite the insufficiency of
funds in the account, while the civil liability attaching to the corporation is
itself the very obligation covered by the check or the consideration for its
execution. Yet these civil liabilities are mistaken to be indistinct. The
confusion is traceable to the singularity of the amount of each.
If we conclude, as we should, that under the current Rules of Criminal
Procedure, the civil action that is impliedly instituted in the B.P. Big. 22 action
is only the civil liability of the signatory, and not that of the corporation itself,
the distinctness of the cause of action against the signatory and that against
the corporation is rendered beyond dispute. It follows that the actions
involving these liabilities should be adjudged according to their respective
standards and merits. In the . B. P. Big. 22 case, what the trial court should
determine is whether or not the signatory had signed the check with
knowledge of the insufficiency of funds or credit in the bank account, while in
the civil case the trial court should ascertain whether or not the obligation
itself is valid and demandable. The litigation
of both questions could, in theory, proceed independently and
simultaneously without being ultimately conclusive on one or the other.
- END - NOTHING FOLLOWS HAND IN YOUR ANSWER PAD.
WATCHER.
The Lawphil Project - Arellano Law Foundation
2012
BAR
EXAMINATIONS
REMEDIAL LAW
28 October 2012
8:00 A.M. - 10 A.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
The following questionnaire consists of one hundred (100) MCQs numbered 1
up to 100 contained in TWENTY ONE (21) pages.
Avoid erasures on the Answer Sheet. If you need to make corrections, erase
transfer the answers i f you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS TWENTY TWO (22) PAGES
REMEDIAL LAW
1. In settlement proceedings, appeal may be taken from an:
a. order appointing a special administrator;
b. order appointing an administrator;
c. order of an administrator to recover property of the estate;
d. order to include or exclude property from the estate.
2. Under the Rules on the Writ of Amparo, interim relief orders may be
issued by the Court except:
a. production order;
b. witness protection order;
c. hold departure order;
d. temporary protection order.
3. A narrative testimony is usually objected to but the court may allow
such testimony if:
a. it would expedite trial and give the court a clearer
understanding of the matters related;
b. the witness is of advanced age;
c. the testimony relates to family genealogy;
d. the witness volunteers information not sought by the examiner.
4. In default of parents, the court may appoint a guardian for a minor
giving first preference to:
a. an older brother or sister who is over 18 years old.
b. the actual custodian over 21 years old.
c. a paternal grandparent
d. an uncle or aunt over 21 years old.
5. In real actions, the docket and filing fees are based on:
a. fair market value of the property.
b. assessed value of the property.
c. SIR zonal value of the property.
d. fair market value of the property and amount of damages
claimed.
6. X filed a motion for Bill of Particulars, after being served with summons
and a copy of the complaint However, X's motion did not contain a
notice of hearing. The court may therefore:
a. require the clerk of court to calendar the motion.
b. motu proprio dismiss the motion for not complying with
Rule 15.
c. allow the parties the opportunity to be heard.
d. return the motion to X's counsel for amendment.
7. A wants to file a Petition for Writ of Habeas Data against the AFP in
connection with threats to his life allegedly made by AFP intelligence
officers. A needs copies of AFP highly classified intelligence reports
collected by Sgt. Santos who is from AFP. A can file his petition with:
a. RTC where AFP is located;
b. RTC where Sgt. Santos resides;
c. Supreme Court;
d. Court of Appeals.
8. W was arrested in the act of committing a crime on October 1, 2011.
After an inquest hearing, an information was filed against W and his
lawyer learned of the same on October 5, 2011. W wants to file a
motion for preliminary investigation and therefore he has only up to
_____ to file the same.
a. October 20, 2011;
b. October 10, 2011;
c. November 15, 2011;
d. October 16, 2011.
9. Preliminary Prohibitive Injunction will not lie:
a. to enjoin repeated trespass on land.
b. in petitions for certiorari and mandamus.
c. to restrain implementation of national government
infrastructure project.
d. to restrain voting of disputed shares of stock.
10.
A defendant who fails to file a timely Answer or responsive
pleading will not be declared in default in:
a. probate proceedings where the estate is valued at P 1
00,000;
b. forcible entry cases;
c. collection case not exceeding P 100,000;
d. violation of rental law.
11.
The validity of a search warrant is days:
a. 15;
b. 30;
c. 60;
d. 120.
12.
An accused may move for the suspension of his arraignment if:
a. a motion for reconsideration is pending before the investigating
prosecutor.
b. accused is bonded and his bondsman failed to notify him
of his scheduled arraignment.
c. a prejudicial question exists.
d. there is no available public attorney.
13.
P failed to appear at the promulgation of judgment without
justifiable cause. The judgment convicted P for slight physical injuries.
Judgment may therefore be promulgated in the following manner:
a. By the reading of the judgment in the presence of only the judge.
b. By the clerk of court in the presence of P's counsel.
c. By the clerk of court in the presence of a representative of P.
d. By entering the judgment into the criminal docket of the court.
14.
Being declared in default does not constitute a waiver of all
rights. However, the following right is considered waived:
a. be cited and called to testify as a witness
b. file a motion for new trial
c. participate in deposition taking of witnesses of adverse party
d. file a petition for certiorari
15.
At arraignment, X pleads not guilty to a Robbery charge. At the
pretrial, he changes his mind and agrees to a plea bargaining, with the
conformity of the prosecution and offended party, which downgraded
the offense to theft. The Court should therefore:
a. render judgment based on the change of plea.
b. allow the withdrawal of the earlier plea and arraign X for
theft and render judgment.
c. receive evidence on the civil liability and render judgment.
d. require the prosecution to amend the information.
16.
A criminal case should be instituted and tried in the place where
the offense or any of the essential elements took place, except in:
a. Estafa cases;
b. Complex crimes;
c. Cases cognizable by the Sandiganbayan;
d. Court martial cases.
17.
X was charged for murder and was issued a warrant of arrest. X
remains at large but wants to post bail. X's option is to:
a. file a motion to recall warrant of arrest;
b. surrender and file a bail petition;
c. file a motion for reinvestigation;
d. file a petition for review with the DOJ.
18.
The Energy Regulatory Commission (ERC) promulgates a decision
increasing electricity rates by 3%. KMU appeals the decision by way of
petition for review. The appeal will therefore:
a. stay the execution of ERC decision.
b. shall not stay the ERC decision unless the Court of Appeals
directs otherwise.
c. stay the execution of the ERC decision conditioned on KMU
posting a bond.
d. shall not stay the ERC decision.
19.
RTC decides an appeal from the MTC involving a simple collection
case. The decision consists of only one page because it adopted by
direct reference the findings of fact and conclusions of law set forth in
the MTC decision. Which statement is most accurate?
a. The RTC decision is valid because it was issued by a court of
competent jurisdiction.
b. The RTC decision is valid because it expedited the resolution of
the appeal.
c. The RTC decision is valid because it is a memorandum decision
recognized by law.
d. The RTC decision is valid because it is practical and convenient to
the judge and the parties.
20.
The filing of a complaint with the Punong Barangay involving
cases covered by the Katarungang Pambarangay Rules shall:
a. not interrupt any prescriptive period.
b. interrupt the prescriptive period for 90 days.
c. interrupt the prescriptive period for 60 days.
d. interrupt the prescriptive period not exceeding 60 days.
21.
In a declaratory relief action, the court may refuse to exercise its
power to declare rights and construe instruments in what instance/s?
a. When a decision would not terminate the controversy which gave
rise to the action.
b. In an action to consolidate ownership under Art. 1607 of the Civil
Code.
c. To establish legitimate filiation and determine hereditary rights.
d. (a) and (c) above
22.
In election cases involving an act or omission of an MTC or RTC, a
certiorari petition shall be filed with:
a. The Court of Appeals
b. The Supreme Court
c. The COMELEC
d. The Court of Appeals or the COMELEC both having concurrent
jurisdiction
23.
A charge for indirect contempt committed against an RTC judge
may be commenced through:
a. A written charge requiring respondent to show cause filed with
the Court of Appeals.
b. An order of the RTC Judge requiring respondent to show cause in

the same RTC.
c. Verified petition filed with another branch of the RTC.
d. Verified petition filed with a court of higher or equal rank with the
RTC.
24.
The statute of "non-claims" requires that:
a. claims against the estate be published by the creditors.
b. money claims be filed with the clerk of court within the time
prescribed by the rules.
c. claims of an executor or administrator against the estate be filed
with the special administrator.
d. within two (2) years after settlement and distribution of the
estate, an heir unduly deprived of participation in the estate may
compel the re-settlement of the estate.
25.
A judicial compromise has the effect of _______ and is
immediately executory and is not appealable.
a. Estoppel;
b. Conclusiveness of judgment;
c. Res Judicata;
d. Stare decisis.
26.
When a party or counsel willfully or deliberately commits forum
shopping, the initiatory pleading may:
a. be cured by amendment of the complaint.
b. upon motion, be dismissed with prejudice.
c. be summarily dismissed with prejudice as it may constitute direct
contempt.
d. be stricken from the record.
27.
Equity of Redemption is the right of the mortgagor to redeem the
mortgaged property after default in the performance of the conditions
of the mortgage, before the sale or the confirmation of sale in a(n):
a. extrajudicial foreclosure of mortgage.
b. judicial foreclosure of mortgage.
c. execution sale.
d. foreclosure by a bank.
28.
X and Y, both residents of Bgy. II, Sampaloc, Manila entered into
a P 100,000 loan agreement. Because Y defaulted, X sued Y for
collection and the complainant prayed for issuance of preliminary
attachment. Y moved to dismiss the complaint because there was no
Barangay conciliation. The court should therefore:
a. dismiss X's complaint for prematurity.
b. dismiss X's complaint for lack of cause of action.
c. deny Y's motion because it is exempt from Barangay conciliation.
d. deny Y's motion because of the amount of the loan.
29.
X was shot by Y in the course of a robbery. On the brink of death,
X told W, a barangay tanod, that it was Y who shot and held him up. In
the trial for robbery with homicide, X's declaration can be admitted
only as a dying declaration:
a. to prove robbery.
b. to prove homicide.
c. to prove robbery and homicide.
d. to prove the "corpus delicti".
30.
Which of the following is not a Special Proceeding?
a. Absentees;
b. Escheat;
c. Change of First Name;
d. Constitution of Family Home;
31.
Atty. X fails to serve personally a copy of his motion to Atty. Y
because the office and residence of Atty. Y and the latter's client
changed and no forwarding addresses were given. Atty. X's remedy is
to:
a. Serve by registered mail;
b. Serve by publication;
c. Deliver copy of the motion to the clerk of court with proof of
failure to serve;
d. Certify in the motion that personal service and through mail was
impossible.
32.
When caught, X readily admitted to the Forestry Ranger that he
cut the trees. Such a statement may be admitted and is not
necessarily hearsay because:
a. it is a judicial admission of guilt.
b. it shows the statement was true.
c. it will form part of the circumstantial evidence to convict.
d. it proves that such a statement was made.
33.
A complaint may be dismissed by the plaintiff by filing a notice of
dismissal:
a. At anytime after service of the answer.
b. At anytime before a motion of summary judgment is filed.
c. At the pre-trial.
d. Before the complaint is amended.
34.
In a criminal case for violation of a city ordinance, the court may
issue a warrant of arrest:
a. for failure of the accused to submit his counter-affidavit.
b. after finding probable cause against the accused.
c. for failure of the accused to post bail.
d. for non-appearance in court whenever required.
35.
Under the Katarungan Pambarangay rules, the execution of an
amicable settlement or arbitration award is started by filing a motion
for execution with the Punong Barangay, who may issue a notice of
execution in the name of the Lupon Tagapamayapa. Execution itself,
however, will be done by:
a. a court-appointed sheriff.
b. any Barangay Kagawad.

c. Punong Barangay.
d. any member of the Pangkat ng Tagapagsundo.
36.
If the judgment debtor dies after entry of judgment, execution of
a money judgment may be done by:
a. presenting the judgment as a claim for payment against the
estate in a special proceeding.
b. filing a claim for the money judgment with the special
administrator of the estate of the debtor.
c. filing a claim for the money judgment with the debtor's successor
in interest.
d. move for substitution of the heirs of the debtor and secure a writ
of execution.
37.
The Director of the BFAR launches an intensified campaign
against illegal fishpen operators situated in Laguna de Bay. The illegal
fishpen operators file a Section 3 (e), R.A. 3019 (causing undue injury
or benefit) case against the BFAR Director before the Sandiganbayan.
The Director's best remedy before Sandiganbayan is:
a. file a Motion to Quash based on lack of jurisdiction over the
person.
b. file a Motion to Quash for non-exhaustion of administrative
remedies.
c. file a Motion to Dismiss because the complaint is a SLAPP suit.
d. move for suspension of proceedings because of a pre-judicial
question.
38.
A complaint may be refiled if dismissed on which of the following
grounds?
a. unenforceable under the Statute of Frauds;
b. Res Judicata;
c. Litis Pendencia;
d. Lack of jurisdiction.
39.
The following are accurate statements on joinder of causes of
action, except:
a. joinder of actions avoids multiplicity of suits.
b. joinder of actions may include special civil actions.
c. joinder of causes of action is permissive.
d. the test of jurisdiction in case of money claims in a joinder of
causes of act1on, is the "totality rule".
40.
W, a legal researcher in the RTC of Makati, served summons on
an amended complaint on Z at the latter's house on a Sunday. The
service is invalid because:
a. it was served on a Sunday.
b. the legal researcher is not a "proper court officer".
c. (a) and (b) above
d. there is no need to serve summons on an amended complaint.
41.
After a plea of not guilty is entered, the accused shall have _____
days to prepare for trial.
a. 15;
b. 10;
c. 30;
42.
The following motions require a notice of hearing served on the
opposite party, except:
a. Motion to Set Case for Pre-trial;
b. Motion to take deposition;
c. Motion to correct TSN;
d. Motion to postpone hearing.
43.
Which of the following statements is incorrect?
a. A Motion to Quash which is granted is a bar to the prosecution
for the same offense if the criminal action or liability has been
extinguished.
b. In the Court of Appeals, the accused may file a motion for new
trial based only on newly discovered evidence.
c. A demurrer to evidence may be filed without leave of court in a
criminal case.
44.
Which of the following is true?
a. Summons expires after 5 days from issue.
b. Writ of Execution expires after 10 days from issue.
c. Search Warrant expires after 20 days from issue.
d. Subpoena expires after 30 days from issue.
45.
A person may be charged with direct contempt of court when:
a. A person re-enters a property he was previously ejected from.
b. A person refuses to attend a hearing after being summoned
thereto.
c. He attempts to rescue a property in custodia legis.
d. She writes and submits a pleading containing derogatory,
offensive or malicious statements.
46.
Under the Rules of Electronic Evidence, "ephemeral electronic
conversation" refers to the following, except:
a. text messages;
b. telephone conversations;
c. faxed document;
d. online chatroom sessions;
47.
A private electronic document's authenticity may be received in
evidence when it is proved by:
a. evidence that it was electronically notarized.
b. evidence that it was digitally signed by the person who
purportedly signed the same.
c. evidence that it contains electronic data messages.
d. evidence that a method or process was utilized to verify the

same.
48.
Atty. A drafts a pleading for his client 8 wherein B admits certain
facts prejudicial to his case. The pleading was never filed but was
signed by Atty. A. Opposing counsel got hold of the pleading and
presents the same in court. Which statement is the most accurate?
a. The prejudicial statements are not admissible because the
unfiled document is not considered a pleading.
b. The prejudicial statements are not admissible because the client
did not sign the pleading.
c. The prejudicial statements are not admissible because these
were not made by the client in open court.
d. The prejudicial statements are not admissible because these
were made outside the proceedings.
49.
Under the Rules on Examination of a child witness, a child
witness is one:
a. who is 18 years of age or below at the time of testifying.
b. who is below 18 years of age at the time of the incident/crime to
be testified on.
c. who is below 18 years of age at the time of the giving of
testimony.
d. who is 18 years of age in child abuse cases.
50.
In which of the following is Interpleader improper?
a. in an action where defendants' respective claims are separate
and distinct from each other.
b. in an action by a bank where the purchaser of a cashier's check
claims it was lost and another person has presented it for
payment.
c. in an action by a lessee who does not know where to pay rentals
due to conflicting claims on the property.
d. in an action by a sheriff against claimants who have conflicting
claims to a property seized by the sheriff in foreclosure of a
chattel mortgage.
51.
The Parole Evidence Rule applies to:
a. subsequent agreements placed on issue.
b. written agreements or contractual documents.
c. judgment on a compromise agreement.
d. will and testaments.
52.
PDEA agents conducted a search on a house abandoned by its
owners in Quezon City. The search, in order to be valid, must be made
in the presence of:
a. any relative of the owner of the house.
b. the Director of the PDEA and a member of the media.
c. the Barangay Chairman and a Barangay Tanod.
d. any elected Quezon City official.
53.
A judge of an MTC can hear and decide petitions for habeas
corpus or applications for bail where:
a. the Supreme Court authorizes the MTC.
b. the judge is the Executive Judge of the MTC.
c. the judge of the RTC where the case is raffled has retired, was
dismissed or had died.
d. in the absence of all the RTC Judges in the province or city.
54.
Proof of service of summons shall be through the following,
except :
a. written return of the sheriff;
b. affidavit of the person serving summons;
c. affidavit of the printer of the publication;
d. written admission of the party served.
55.
As a mode of discovery, the best way to obtain an admission
from any party regarding the genuineness of any material and relevant
document is through a:
a. motion for production of documents.
b. written interrogatories.
c. request for admission under Rule 26.
d. request for subpoena duces tecum.
56.
A judgment "non pro tunc" is one which:
a. dismisses a case without prejudice to it being re-filed.
b. clarifies an ambiguous judgment or a judgment which is difficult
to comply with.
c. one intended to enter into the record the acts which already
have been done, but which do not appear in the records.
d. is a memorandum decision.
57.
The Sandiganbayan can entertain a quo warranto petition only
in:
a. cases involving public officers with salary grade 27 or higher.
b. only in aid of its appellate jurisdiction.
c. as a provisional remedy.
d. cases involving "ill gotten wealth".
58.
The judgment in a criminal case may be promulgated by the
following, except by:
a. a Sandiganbayan justice in cases involving anti-graft laws.
b. a Clerk of Court of the court which rendered judgment.
c. an Executive Judge of a City Court if the accused is detained in
another city.
d. any judge of the court in which it was rendered.
59.
Leave of court is always necessary in:
a. a demurrer to evidence in a civil case.
b. a demurrer to evidence in a criminal case.
c. motion to amend a complaint.
d. third party complaint.
60.
Correctly complete the sentence: A lone witness ---
a.
b.
c.
d.
is credible only if corroborated.

is never credible.
may be believed even if not corroborated.
is always credible.
61.
A judgment of conviction in a criminal case becomes final when:
a. accused orally waived his right to appeal.
b. accused was tried in absentia and failed to appear at the
promulgation.
c. accused files an application for probation.
d. reclusion perpetua is imposed and the accused fails to appeal.
62.
After a hearing on a Motion to Dismiss, the court may either
dismiss the case or deny the same or:
a. defer resolution because the ground relied upon 1s not
indubitable.
b. order amendment of the pleading
c. conduct a preliminary hearing
63.
Under Rule 52, a Second Motion for Reconsideration is a
prohibited pleading. However, where may such Motion be allowed?
a. the Sandiganbayan;
b. the Office of the President;
c. the Supreme Court;
64.
The mortgage contract between X, who resides in Manila, and Y,
who resides in Naga, covering land in Quezon provides that any suit
arising from the agreement may be filed "nowhere else but in a Makati
court". Y must thus sue only in:
a. Makati;
b. Makati and/or Naga;
c. Quezon and/or Makati;
d. Naga.
65.
Immediately after the witness had been sworn in to testify,
without any formal offer of his testimony, Atty. A started asking
questions on direct examination to the witness. The court may still
consider his testimony if:
a. the formal offer is done after the direct testimony.
b. the opposing counsel did not object.
c. the witness is an expert witness.
d. the opposing counsel offered to stipulate on the testimony given.
66.
A private document may be considered as evidence when it is
sequentially:
a. marked, identified, authenticated.
b. identified, marked and offered in evidence.
c. marked, identified, authenticated and offered in evidence.
d. marked, authenticated and offered in evidence.
67.
The Court of Appeals cannot issue a temporary restraining order
in the following cases, except:
a. bidding and awarding of a project of the national government.
b. against any freeze order issued by the AMLC under the
antimoney laundering law.
c. against infrastructure projects like the SLEX extension.
d. against the DAR in the implementation of the CARL Law.
68.
Choose the most accurate phrase to complete the statement:
Mandamus will lie --a. to compel a judge to consolidate trial of two cases pending
before different branches of the court.
b. to compel a judge to reduce his decision in writing.
c. to direct a probate court to appoint a particular person as regular
administrator.
d. to compel a judge to grant or deny an application for preliminary
injunction.
69.
A judgment by default can be issued despite an Answer being
filed in:
a. annulment of marriage.
b. legal separation.
c. cases where a party willfully fails to appear before the officer
who is to take his deposition.
d. declaration of nullity of marriage.
70.
Which of the following statements is not accurate?
a. A plea of guilty later withdrawn is admissible 1n evidence against
the accused who made the plea.
b. An unaccepted offer of a plea of guilty to a lesser offense is
inadmissible in evidence against the accused.
c. An offer to pay or payment of medical expenses arising from
injury is not evidence or proof of civil/criminal liability for the
Injury.
d. In civil cases, an offer of compromise by the accused is
admissible as an implied admission of guilt.
71.
Under the Rules on Evidence, the following is a conclusive
presumption and therefore cannot be contradicted by evidence.
a. A person intends the ordinary consequences of his voluntary act.
b. Official duty has been regularly performed.
c. A tenant cannot deny his landlord's title during the tenancy
period.
d. A writing is truly dated.
72.
Cesar, age 16, a habitual offender, was caught in possession of .
001 grams of marijuana. He was charged for violation of Sec. 16 of R.A.
9165, The Comprehensive Dangerous Drugs Law. The court which has
jurisdiction is:
a. the MTC;
b. the RTC;
c. Special Drugs Court;

d. Family Court.
73.
A court can motu proprio dismiss a case on the following
grounds, except :
a. failure to prosecute;
b. lack of jurisdiction over the parties;
c. litis pendentia;
d. prescription.
74.
A person entitled to the estate of a deceased person escheated
in favor of the State has:
a. 5 years from date of judgment to file a claim.
b. 2 years from date of judgment to file a claim.
c. 5 years from date of registration of the judgment to file a claim.
d. 2 years from date of registration of the judgment to file a claim.
75.
The MTC, acting as an Environmental Court, has original and
exclusive jurisdiction over the following, except:
a. criminal offenses punishable under the Chain Saw Act (R.A. 9175)
b. violation of the NIPAS Law (R.A. 7586)
c. violation of the Mining Laws
d. violation of Anti-Pollution Laws
76.
A special administrator may be appointed by a court when:
a. the executor cannot post a bond.
b. the executor fails to render an account.
c. regular administrator has a claim against estate he represents.
d. a Motion for Reconsideration is filed with respect to a decision
disallowing probate of a will.
77.
A defendant declared in default may, after judgment but before
finality, file a:
a. Petition for Relief from Judgment;
b. Petition for Certiorari;
c. Motion for Reconsideration;
d. Motion to Set Aside Order of Default.
78.
With leave of court, a party may amend his pleading if:
a. there is yet no responsive pleading served.
b. the amendment is unsubstantial.
c. the amendment involves clerical errors of defect in the
designation of a party.
d. the amendment is to conform to the evidence.
79.
When a Motion to Quash search warrant is denied, the best
remedy is:
a. appeal the denial order.
b. file a motion to suppress evidence.
c. file an injunction suit.
d. file a certiorari petition.
80.
A court may take judicial notice of:
a. the Twitter account of President Aquino.
b. a Committee Report issued by the Congressional Committee on

Labor Relations.
c. the effects of taking aspirin everyday.
d. the arbitral award issued by International Court of Arbitration.
81.
The case of R, who is under detention, was raffled to the RTC on
March 1. His arraignment should be set not later than:
a. March 4;
b. March 16;
c. March 30;
d. March 11.
82.
After the DOJ Secretary granted accused's Petition for Review,
the prosecution filed a motion to withdraw the Information before the
trial court. The judge therein denied the same. The trial prosecutor
manifested before the judge that he can no longer prosecute the case
because he is only an alter ego of the DOJ Secretary who ordered him
to withdraw the Information. The case should therefore be prosecuted
by:
a. a DOJ state prosecutor.
b. private prosecutor, if any.
c. trial prosecutor of the pairing court.
d. the same trial prosecutor who manifested his inability to
prosecute the case.
83.
A decision or resolution of a division of the Supreme Court when
concurred in by members who actually took part in the deliberation on
the issues in a case and voted thereon, is a decision or resolution of
the Supreme Court.
a. three (3);
b. five(S);
c. eight (8);
d. ten (10).
84.
A and B adopted their nephew. They filed an action for revocation
of the adoption on May 1, 1998 on the ground that their nephew
neglected them. Based on the Rules of Domestic Adoption, the judge
must:
a. advise A and B to just disinherit the nephew.
b. disallow the revocation.
c. refer the petition to the DSWD.
d. grant the petition after hearing.
85.
Sandiganbayan exercises concurrent jurisdiction with the
Supreme Court and the Court of Appeals over:
a. Petitions for Writ of Certiorari and Prohibition;
b. Petitions for Writ of Habeas Corpus;
c. Petitions for Quo Warranto;
d. Petitions for Writ of Amparo and Habeas Corpus.
86.
C, a convict, was able to get favorable results of a postconviction DNA testing showing that C could not have committed the
crime. To gain freedom, C may:
a. file a petition for Writ of Habeas Corpus before the court of origin.
b. apply for full pardon.
c. file a Motion to annul judgment of conviction on the ground of
fraud.
d. file a Motion for new trial under Rule 121.
87.
X filed a complaint with the RTC through ABC, a private letter
forwarding agency. The date of filing of the complaint shall be:
a. the date stamped by ABC on the envelope containing the
complaint.
b. the date of receipt by the Clerk of Court.
c. the date indicated by the receiving clerk of ABC.
d. the date when the case is officially raffled.
88.
An objection to any interrogatories may be presented within_
days after service thereof:
a. 15;
b. 10;
c. 5;
d. 20.
89.
The deposition of a witness, whether or not a party, may be used
for any purpose if the Court finds the following circumstances are
attendant, EXCEPT:
a. when the witness is dead.
b. when the witness is incarcerated.
c. when the witness is outside the Philippines and absence is
procured by the party offering deposition.
d. when the witness is 89 years old and bed-ridden.
90.
One of the exemptions to the general rule that evidence not
formally offered shall not be considered is:
a. in judgment on the pleadings.
b. evidence in land registration proceedings.
c. evidence lost/destroyed due to force majeure after being
marked, identified and described in the record.
d. documentary evidence proving a foreign judgment.
91.
In Petition for Certiorari, the Court of Appeals issues a Writ of
Preliminary Injunction against the RTC restraining the latter from trying
a crucial case. The Court of Appeals should therefore:
a. decide the main case within 60 days.
b. decide the certiorari petition within 6 months.
c. decide the main case or the petition within 60 days.
d. decide the main case or the petition within 6 months from issue
of the preliminary injunction.
92.
Witness A was examined on direct examination by the
prosecutor. The defense counsel however employed dilatory tactics
and was able to secure numerous postponements of A's cross

examination. A suffered a stroke and became incapacitated. His
uncompleted testimony may therefore be:
a. ordered stricken from the record.
b. allowed to remain in the record.
c. held in abeyance until he recovers.
d. not be given any probative weight.
93.
If the Supreme Court en bane is equally divided in opinion
covering an original action, the case shall be:
a. re-raffled to a division.
b. original action shall be dismissed.
c. The judgment appealed from shall be official.
d. again deliberated upon.
94.
An example of a special judgment is one which orders:
a. the defendant to deliver and reconvey personal property to the
plaintiff.
b. defendant to execute a Deed of Sale in favor of plaintiff.
c. defendant to paint a mural for the plaintiff.
d. Defendant to vacate the leased premises.
95.
At the promulgation of judgment, P, who is bonded, failed to
appear without justifiable cause. In order for P not to lose his remedies
under the Rules, he must:
a. within 15 days from receipt of a copy of the decision, file a
Motion for Reconsideration.
b. within 15 days from the promulgation, surrender to the court and
file a motion for leave to avail of remedies.
c. notify his bondsman within 15 days so that his bail will not be
confiscated.
d. file a petition for certiorari.
96.
X, the designated executor of a will, files a petition for probate of
the same. X and his counsel failed to appear without justifiable cause
at the hearing on the presentation of evidence and the court therefore
dismissed, motu proprio, his petition for failure to prosecute. The effect
of the dismissal is:
a. not an adjudication upon the merits.
b. the will can no longer be probated.
c. it is a dismissal with prejudice.
d. a bar to a subsequent action on the same cause.
97.
The Rule on Small Claims is applicable to:
a. claims for unpaid rentals of P 100,000 or less, with prayer for
ejectment.
b. enforcement of a barangay amicable settlement involving a
money claim of P 50,000 after one (1) year from date of
settlement.
c. action for damages arising from a quasi-delict amounting to P
100,000.
d. action to collect on a promissory note amounting to P 105,000

where plaintiff expressly insists in recovering only P 1 00,000.
98.
When directed by the judge, a clerk of court can receive
evidence addressed by the parties in:
a. case where the judge is on leave.
b. small claims proceedings.
c. cases where the parties agree in writing.
d. land registration proceedings.
99.
A certificate against Forum-Shopping is not required in:
a. petitions for probate of will.
b. application for search warrant.
c. complaint-in-intervention.
d. petition for Writ of Kalikasan.
100.
An accused's custodial rights, e.g., right to counsel and right to
remain silent, is available:
a. at preliminary investigation.
b. at police line-up for identification purposes.
c. at ultra-violet examination to determine presence of ultra violet
powder on accused's hands.
d. at one-on-one confrontation with eyewitness.
WATCHER.
2012
BAR
EXAMINATIONS
REMEDIAL LAW
28 October 2012
10 A.M. -12 NN.
Set B
ESSAYTYPE
QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (10) questions (numbered I to X)
contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate page; an
answer to a sub-question/s under the same number may be written
continuously on the same page and succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write
legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING
THIS PAGE).
REMEDIAL LAW
I
a. After an information for rape was filed in the RTC, the DOJ Secretary,
acting on the accused's petition for review, reversed the investigating
prosecutor's finding of probable cause. Upon order of the DOJ
Secretary, the trial prosecutor filed a Motion to Withdraw Information
which the judge granted. The order of the judge stated only the
following:
"Based on the review by the DOJ Secretary of the findings of the
investigating prosecutor during the preliminary investigation, the
Court agrees that there is no sufficient evidence against the
accused to sustain the allegation in the information. The motion
to withdraw Information is, therefore, granted."
If you were the private prosecutor, what should you do? Explain. (5%)
b. A was charged with a non-bailable offense. At the time when the
warrant of arrest was issued, he was confined in the hospital and could
not obtain a valid clearance to leave the hospital. He filed a petition for
bail saying therein that he be considered as having placed himself
under the jurisdiction of the court. May the court entertain his petition?
Why or why not? (5%)
II
a. Discuss the "chain of custody" principle with respect to evidence
seized under R.A. 9165 or the Comprehensive Dangerous Drugs Act of
2002. (5%)
b. What do you understand about the "precautionary principle" under the
Rules of Procedure for Environmental Cases? (5%)
III
a. Distinguish error of jurisdiction from error of judgment. (5%)
b. A, a resident of Quezon City, wants to file an action against B, a
resident of Pasay, to compel the latter to execute a Deed of Sale
covering a lot situated in Marikina and that transfer of title be issued to
him claiming ownership of the land. Where should A file the case?
Explain. (5%)
IV
a. A bought a Volvo Sedan from ABC Cars for P 5.0M. ABC Cars, before
delivering to A, had the car rust proofed and tinted by XYZ Detailing.
When delivered to A, the car's upholstery was found to be damaged.
ABC Cars and XYZ Detailing both deny any liability. Who can A sue and
on what cause(s) of action? Explain. (5%)
b. Mr. Sheriff attempts to enforce a Writ of Execution against X, a tenant
in a condominium unit, who lost in an ejectment case. X does not want
to budge and refuses to leave. Y, the winning party, moves that X be
declared in contempt and after hearing, the court held X guilty of

indirect contempt. If you were X's lawyer, what would you do? Why?
(5%)
V
a. X was arrested, en flagrante, for robbing a bank. After an investigation,
he was brought before the office of the prosecutor for inquest, but
unfortunately no inquest prosecutor was available. May the bank
directly file the complaint with the proper court? If in the affirmative,
what document should be filed? (5%)
VI
A PDEA asset/informant tipped the PDEA Director Shabunot that a shabu
laboratory was operating in a house at Sta. Cruz, Laguna, rented by two (2)
Chinese nationals, Ho Pia and Sio Pao. PDEA Director Shabunot wants to
apply for a search warrant, but he is worried that if he applies for a search
warrant in any Laguna court, their plan might leak out.
a. Where can he file an application for search warrant? (2%)
b. What documents should he prepare in his application for search
warrant? (2%)
c. Describe the procedure that should be taken by the judge on the
application. (2%)
Suppose the judge issues the search warrant worded in this way:
PEOPLE
OF
THE
PHILIPPINES
Plaintiff
Criminal
Case
No.
007
-versusfor
Violation of R.A. 9165
Ho
Pia
and
Sio
Pao,
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
TO ANY PEACE OFFICER
Greetings:
It appearing to the satisfaction of the undersigned after examining
under oath PDEA Director shabunot that there is probable cause to
believe that violations of Section 18 and 16 of R.A. 9165 have been
committed and that there are good and sufficient reasons to believe
that Ho Pia and Sio Pao have in their possession or control, in a two (2)
door apartment with an iron gate located at Jupiter St., Sta. Cruz,
Laguna, undetermined amount of "shabu" and drug manufacturing
implements and paraphernalia which should be seized and brought to
the undersigned,
You are hereby commanded to make an immediate search, at any time
in the day or night, of the premises above described and forthwith
seize and take possession of the abovementioned personal property,
and bring said property to the undersigned to be dealt with as the law
directs.
Witness my hand this 1st day of March, 2012.

(signed)
Judge XYZ
d. Cite/enumerate the defects, if any, of the search warrant. (3%)
e. Suppose the search warrant was served on March 15, 2012 and the
search yielded the described contraband and a case was filed against
the accused in RTC, Sta. Cruz, Laguna and you are the lawyer of Sio
Pao and Ho Pia, what will you do? (3%)
f. Suppose an unlicensed armalite was found in plain view by the
searchers and the warrant was ordered quashed, should the court
order the return of the same to the Chinese nationals?
Explain your answer. (3%)
VII
a. Counsel A objected to a question posed by opposing Counsel B on the
grounds that it was hearsay and it assumed a fact not yet established.
The judge banged his gavel and ruled by saying "Objection Sustained".
Can Counsel 8 ask for a reconsideration of the ruling? Why? (5%)
b. Plaintiff files a request for admission and serves the same on
Defendant who fails, within the time prescribed by the rules, to answer
the request. Suppose the request for admission asked for the
admission of the entire material allegations stated in the complaint,
what should plaintiff do? (5%)
VIII
a. A sues B for collection of a sum of money. Alleging fraud in the
contracting of the loan, A applies for preliminary attachment with the
court. The Court issues the preliminary attachment after A files a bond.
While summons on B was yet unserved, the sheriff attached B's
properties. Afterwards, summons was duly served on B. 8 moves to lift
the attachment. Rule on this. (5%)
b. Discuss the three (3) Stages of Court Diversion in connection with
Alternative Dispute Resolution. (5%)
IX
a. X, an undersecretary of DENR, was charged before the Sandiganbayan
for malversation of public funds allegedly committed when he was still
the Mayor of a town in Rizal. After arraignment, the prosecution moved
that X be preventively suspended. X opposed the motion arguing that
he was now occupying a position different from that which the
Information charged him and therefore, there is no more possibility
that he can intimidate witnesses and hamper the prosecution. Decide.
Suppose X files a Motion to Quash challenging the validity of the
Information and the Sandiganbayan denies the same, will there still be
a need to conduct a pre-suspension hearing? Explain. (5%)
b. Briefly discuss/differentiate the following kinds of Attachment:
preliminary attachment, garnishment, levy on execution, warrant of
seizure and warrant of distraint and levy. (5%)
X
a. Where and how will you appeal the following:

(1) An order of execution issued by the RTC. (1%)
(2) Judgment of RTC denying a petition for Writ of Amparo. (1%)
(3) Judgment of MTC on a land registration case based on its delegated
jurisdiction. (1%)
(4) A decision of the Court of Tax Appeal's First Division. (1%)
b. A files a Complaint against B for recovery of title and possession of
land situated in Makati with the RTC of Pasig. B files a Motion to
Dismiss for improper venue. The RTC Pasig Judge denies B's Motion to
Dismiss, which obviously was incorrect. Alleging that the RTC Judge
"unlawfully neglected the performance of an act which the law
specifically enjoins as a duty resulting from an office", B files a Petition
for Mandamus against the judge. Will Mandamus lie? Reasons. (3%)
c. What are the jurisdictional facts that must be alleged in a petition for
probate of a will? How do you bring before the court these jurisdictional
facts? (3%)
WATCHER.
2012
BAR
EXAMINATIONS
CRIMINAL LAW
21 October 2012
2:00 P.M. - 3:30 P.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
The following questionnaire consists of seventy-five (75) MCQs numbered 1
up to 7 5 contained in TWENTY THREE (23) pages.
A void erasures on the Answer Sheet. I f you need to make corrections, erase
transfer the answers if you choose to do this.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS TWENTY FOUR (24) PAGES
CRIMINAL LAW
1. The wife of AAA predeceased his mother-in-law. AAA was accused of
defrauding his mother-in-law under a criminal information for estafa,
but the actual recital of facts of the offense charged therein, if proven,
would constitute not only the crime of estafa, but also falsification of
public document as a necessary means for committing estafa. AAA
invokes the absolutory cause of relationship by affinity. Which
statement is most accurate?
a. The relationship by affinity created between AAA and the blood
relatives of his wife is dissolved by the death of his wife and the
absolutory cause of relationship by affinity is therefore no longer
available to AAA.
b. The death of.spouse does not severe the relationship by affinity
which is an absolutory cause available to AAA for estafa through
falsification of public document.
c. If AAA commits in a public document the act of falsification as a
necessary means to commit estafa, the relationship by affinity
still subsists as an absolutory cause for estafa which should be
considered separately from the liability for falsification of public
document because there is no specific penalty prescribed for the
complex crime of estafa through falsification of public document.
d. Considering that under the given situation, the two (2) crimes of
estafa and falsification of public document are not separate
crimes but component crimes of the single complex crime of
estafa and falsification of public document, the absolutory cause
of relationship by affinity is not available to AAA.
2. Under which of the following circumstances is an accused not liable for
the result not intended?
a. Accused is not criminally liable for the result not intended when
there is mistake in the identity of the victim.
b. Accused is not criminally liable for the result not intended when
there is mistake in the blow.
c. Accused is not criminally liable for the result not intended when
the wrongful act is not the proximate cause of the resulting
injury.
d. Accused is not criminally liable for the result not intended when
there is mistake of fact constituting an involuntary act.
3. Can there be a frustrated impossible crime?
a. Yes. When the crime is not produced by reason of the inherent
impossibility of its accomplishment, it is a frustrated impossible
crime.
b. No. There can be no frustrated impossible crime because the
means employed to accomplish the crime is inadequate or
ineffectual.
c. Yes. There can be a frustrated impossible crime when the act
performed would be an offense against persons.
d. No. There can be no frustrated impossible because the offender
has already performed the acts for the execution of the crime.
4. FF and his two (2) sons positioned themselves outside the house of the
victim. The two (2} sons stood by the stairs in front of the house, while
the father waited at the back. The victim jumped out of the window
and was met by FF who instantly hacked him. The two (2) sons joined
hacking the victim to death. They voluntarily surrendered to the police.
How will the attendant circumstances be properly appreciated?
a. Treachery and abuse of superior strength qualify the killing to
murder.
b. Only treachery qualifies the killing to murder because abuse of
superior strength is absorbed by treachery.
c. Treachery is the qualifying aggravating circumstance, while
abuse of superior strength is treated as a generic aggravating
circumstance.
d. The qualifying circumstance of treachery or abuse of superior
strength can be offset by the mitigating circumstance of
voluntary surrender.
5. Which of the following circumstances may be taken into account for
the purpose of increasing the penalty to be imposed upon the convict?
a. Aggravating . circumstances which in themselves constitute a
crime specially punishable by law.
b. Aggravating circumstances which are inherent in the crime to
such a degree that they must of necessity accompany the crime.
c. Aggravating circumstances which arise from the moral attributes
of the offender.
d. Aggravating circumstances which are included by the law in
defining a crime.
6. Who among the following convicts are not entitled to the benefits of
the lndetermediate Sentence Law?
a. Those who are recidivists.
b. Those whose maximum term of imprisonment exceeds one (1)
year.
c. Those convicted of inciting to sedition.
d. Those convicted of misprision of treason.
7. Proposal to commit felony is punishable only in cases in which the law
specifically provides a penalty therefor. Under which of the following
instances. are proponents NOT liable?
a. Proposal to commit coup d'etat.
b. Proposal to commit sedition.
c. Proposal to commit rebellion.
d. Proposal to commit treason.
8. AA misrepresented to the complainant that he had the power,
influence, authority and business to obtain overseas employment upon
payment of placement fee. AA duly collected the placement fee from
complainant. As per certification of the Philippine Overseas
Employment Administration, AA did not possess any authority or
license for overseas employment. Is it proper to file two (2) separate
Informations for illegal recruitment under the Labor Code and for
estafa by means of deceit?
a. No. The filing of two (2) separate Informations for illegal
recruitment under the Labor Code and for estafa by means of
deceit for the same act is violative of the principle against double
jeopardy.
b. No. One Information for a complex crime of illegal recruitment
with estafa by means of deceit should be filed, instead of two (2)
separate Informations.
c. No. A person convicted of illegal recruitment under the Labor
Code may not, for the same act, be separately convicted of
estafa by means of deceit.
d. Yes. A person convicted of illegal recruitment under the Labor
Code may, for the same act, be separately convicted of estafa by
means of deceit.
9. When are light felonies punishable?
a. Light felonies are punishable in all stages of execution.
b. Light felonies are punishable only when consummated.
c. Light felonies are punishable only when consummated, with the
exception of those committed against persons or property.
d. Light felonies are punishable only when committed against
persons or property.
10.
AA was appointed for a two-year term to serve the unexpired
portion of a resigned public official. Despite being disqualified after the
lapse of the two-year term, PA continued to exercise the duties and
powers of the public office to which appointed. What is the criminal

liability of AA?
a. AA is criminally liable for malfeasance in office.
b. AA is criminally liable for prolonging performance of duties and
powers.
c. AA is criminally liable for disobeying request for disqualification.
d. AA incurs no criminal liability because there is no indication that
he caused prejudice to anyone.
11.
For treachery to qualify killing to murder, the evidence must
show:
a. The time when the accused decided to employ treachery, the
overt act manifestly indicating that he clung to such
determination, and a sufficient lapse of time between the
decision and the execution, allowing him to reflect upon the
consequence of his act.
b. Unlawful aggression, reasonable necessity of the means to
prevent or repel the aggression, and lack of sufficient
provocation on the part of the victim.
c. That the accused employed such means, methods or manner to
ensure his safety from the defensive or retaliatory acts of the
victim, and the mode of attack was consciously adopted.
d. Actual sudden physical assault or threat to inflict real imminent
injury to an unsuspecting victim.
12.
What is the criminal liability, if any, of a pregnant woman who
tried to commit suicide by poison, but she did not die and the fetus in
her womb was expelled instead?
a. The woman who tried to commit suicide is not criminally liable
because the suicide intended was not consummated.
b. The woman who tried to commit suicide is criminally liable for
unintentional abortion which is punishable when caused by
violence.
c. The woman who tried to commit suicide is criminally liable for
abortion that resulted due to the poison that she had taken to
commit suicide.
d. The woman who tried to commit suicide occurs no criminal
liability for the result not intended.
13.
Chris Brown was convicted of a complex crime of direct assault
with homicide aggravated by the commission of the crime in a place
where public authorities are engaged in the discharge of their duties.
The penalty for homicide is reclusion temporal. On the other hand, the
penalty for direct assault is pns10n correccional in its medium and
maximum periods. What is the correct indeterminate penalty?
a. Twelve (12) years of prision mayor as minimum to twenty (20)
years of reclusion ten1poral as maximum.
b. Ten ( 1 0) years of prision mayor as minimum to seventeen (17)
years and four (4) months of reclusion temporal as maximum.
c. Eight (8) years of prision mayor as minimum to eighteen (18)

years and four (4) months of reclusion temporal as maximum.
d. Twelve (12) years of prision mayor as minimum to seventeen
(17) years and four (4) months of reclusion temporal as
maximum.
14.
A, 8, and C organized a meeting in which the audience was
incited to the commission of the crime of sedition. Some of the persons
present at the meeting were carrying unlicensed firearms. What crime,
if any, was committed by A, 8 and C, as well as those who were
carrying unlicensed firearms and those who were merely present at the
meeting?
a. Inciting to sedition for A, 8 and C and illegal possession of
firearms for those carrying unlicensed firearms.
b. Inciting to sedition for A, 8 and C and those carrying unlicensed
firearms.
c. Illegal assembly for A, 8, C and all those present at the meeting.
d. Conspiracy to commit sedition for A, B, C and those present at
the meeting.
15.
Is the crime of theft committed by a person who, with intent to
gain, takes a worthless check belonging to another without the latter's
consent?
a. Yes. All the elements of the crime of theft are present: that there
be taking of personal property; that the property belongs to
another; and that the taking be done with intent to gain and
without the consent of the owner.
b. No. The taking of the worthless check, which has no value, would
not amount to the crime of theft because of the legal
impossibility to commit the intended crime.
c. Yes. Theft is committed even if the worthless check would be
subsequently dishonored because the taker had intent to gain
from the check at the time of the taking.
d. Yes. Theft is committed because the factual impossibility to gain
from the check was not known to the taker or beyond his control
at the time of taking.
16.
B was convicted by final judgment of theft. While serving
sentence for such offense, B was found in possession of an unlicensed
firearm. Is B a quasi-recidivist?
a. B is a quasi-recidivist because he was serving sentence when
found in possession of an unlicensed firearm.
b. B is not a quasi-recidivist because the offense for which he was
serving sentence is different from the second offense.
c. B is not a quasi-recidivist because the second offense is not a
felony.
d. B is not a quasi-recidivist because the second offense was
committed while still serving for the first offense.
17.
What crime is committed by one who defrauds another by taking
undue advantage of the signature of the offended party in a blank
check and by writing the payee and amount of the check to the
prejudice of the offended party?
a. estafa with unfaithfulness or abuse of confidence;
b. estafa by false pretense;
c. estafa through fraudulent means;
d. estafa by other deceits.
18.
What crime is committed by a person who kills a three-day old
baby?
a. infanticide;
b. homicide;
c. murder;
d. parricide.
19.
What crime is committed by a person who kills his legitimate
brother on the occasion of a public calamity?
a. parricide;
b. homicide;
c. murder;
d. death caused in a tumultuous affray.
20.
What is the crime committed by any person who, without
reasonable ground, arrests or detains another for the purpose of
delivering him to the proper authorities?
a. unlawful arrest;
b. illegal detention;
c. arbitrary detention;
d. grave coercion.
21.
A killed M. After the killing, A went to the Barangay Chairman of
the place of incident to seek protection against the retaliation of M's
relatives. May voluntary surrender be appreciated as a mitigating
circumstance in favor of A?
a. Yes. A surrendered to the Barangay Chairman who is a person in
authority.
b. Yes. The surrender of A would save the authorities the trouble
and expense for his arrest.
c. No. A did not unconditionally submit himself to the authorities in.
order to acknowledge his participation in the killing or to save
the authorities the trouble and expenses necessary for his search
and capture.
d. No. The surrender to the Barangay Chairman is not a surrender
to the proper authorities.
22.
Who among the following is liable for estafa?
a. The seller of a laptop computer who failed to inform the buyer
that the laptop had a defect.
b. The person who ran away with a cell phone which was handed to
him upon his pretense that he had to make an emergency call.
c. The person who assured he will pay interest on the amount but
failed to do so as promised.
d. The son who induced his father to buy from him a land which the
son is no longer the owner.
23.
What is the nature of the circumstance which is involved in the
imposition of the maximum term of the indeterminate sentence?
a. qualifying circumstance;
b. aggravating circumstance;
c. modifying circumstance;
d. analogous circumstance.
24.
A, B and C, all seventeen (17) years of age, waited for nighttime
to avoid detection and to facilitate the implementation of their plan to
rob G. They entered the room of G through a window. Upon instruction
of A, G opened her vault while 8 was poking a knife at her. Acting as
lookout, C had already opened the main door of the house when the
helper was awakened by the pleading of G to A and B to just take the
money from the vault without harming her. When the helper shouted
for help upon seeing G with A and B inside the room, 8 stabbed G and
ran towards the door, leaving the house with C. A also left the house
after taking the money of G from the vault. G was brought to the
hospital where she died as a result of the wound inflicted by B. Under
the given facts, are A, B and C exempt from criminal liability? If not,
what is the proper charge against them or any of them?
a. A, B and C, being under eighteen (18) years of age at the time of
the commission of the offense, are exempt from criminal liability
and should be merely subjected to intervention program for child
in conflict with the law.
b. There being no indication of having acted with discernment, A, B
and C are exempt from criminal liability, subject to appropriate
programs in consultation with the person having custody over
the child in conflict with the taw or the local social welfare and
development officer.
c. Considering the given facts which manifest discernment, A, B
and C are not exempt from criminal liability and should be
charged with the complex crime of robbery with homicide,
subject to automatic suspension of sentence upon finding of
guilt.
d. Under the given facts, A, 8 and C are not exempt from criminal
liability because they conspired to commit robbery for which they
should be collectively charged as principals, and in addition, B
should be separately charged with homicide for the death of G,
subject to diversion programs for children over 15 and under 18
who acted with discernment.
25.
The guard was entrusted with the conveyance or custody of a
detention prisoner who escaped through his negligence. What is the
criminal liability of the escaping prisoner?
a. The escaping prisoner does not incur criminal liability.

b. The escaping prisoner is liable for evasion through negligence.
c. The escaping prisoner is liable for conniving with or consenting
to, evasion.
d. The escaping prisoner is liable for evasion of service of sentence.
26.
What crime is committed when a person assumes the
performance of duties and powers of a public office or employment
without first being sworn in?
a. anticipation of duties of a public office;
b. usurpation of authority;
c. prohibited transaction;
d. unlawful appointment.
27.
What crime is committed by a public officer who, before the
acceptance of his resignation, shall abandon his office to the detriment
of the public service in order to evade the discharge of the duties of
preventing, prosecuting or punishing the crime of treason?
a. abandonment of office or position;
b. qualified abandonment of office;
c. misprision of treason;
d. negligence in the prosecution of offense.
28.
The key element in a crime of parricide other than the fact of
killing is the relationship of the offender to the victim. Which one of the
following circumstances constitutes parricide?
a. Offender killing the illegitimate daughter of his legitimate son.
b. Offender killing his illegitimate grandson.
c. Offender killing his common-law wife.
d. Offender killing his illegitimate mother.
29.
What is the minimum age of criminal responsibility?
a. a} fifteen (15) years old or under
b. nine (9) years old or under
c. above nine (9) years old and under fifteen (15) who acted with
discernment
d. above fifteen ( 15) years old and under eighteen ( 18) who acted
with discernment
30.
When the adoption of a child is effected under the Inter-Country
Adoption Act for the purpose of prostitution, what is the proper charge
against the offender who is a public officer in relation to the
exploitative purpose?
a. acts that promote trafficking in persons;
b. trafficking in persons;
c. qualified trafficking in persons;
d. use of trafficked person.
31.
What crime is committed when a mother kills the three-day old
child of her husband with their daughter?
a. parricide;
b. infanticide;
c. murder;
d. homicide.
32.
When is a crime deemed to have been committed by a band?
a. When armed men, at least four (4) in number, take direct part in
the execution of the act constituting the crime.
b. When three (3) armed men act together in the commission of the
crime.
c. When there are four ( 4) armed persons, one of whom is a
principal by inducement.
d. When there are four (4) malefactors, one of whom is armed.
33.
The period of probation of the offender sentenced to a term of
one ( 1) year shall not exceed:
a. two (2) years;
b. six (6) years;
c. one (1) year;
d. three (3) years;
34.
What is the criminal liability, if any, of a mayor who, without
being authorized by law, compels prostitutes residing in his city to go
to, and live in, another place against their will?
a. The mayor is criminally liable for violation of domicile.
b. The mayor is criminally liable for expulsion.
c. The mayor is criminally liable for grave coercion.
d. The mayor incurs no criminal liability because he merely wants
to protect the youth against the indecency of the prostitutes.
35.
How is the crime of coup d'etat committed?
a. By rising publicly and taking arms against the Government for
the purpose of depriving the Chief Executive of any of his powers
or prerogatives.
b. When a person holding public employment undertakes a swift
attack, accompanied by strategy or stealth, directed against
public utilities or other facilities needed for the exercise and
continued possession of power for the purpose of diminishing
state power.
c. When persons rise publicly and tumultuously in order to prevent
by force the National Government from freely exercising its
function.
d. When persons circulate scurrilous libels against the Government
which tend to instigate others to meet together or to stir up the
people against the lawful authorities.
36.
What is the proper charge against public officers or employees
who, being in conspiracy with the rebels, failed to resist a rebellion by
all means in their power, or shall continue to discharge the duties of
their offices under the control of the rebels, or shall accept
appointment to office under them?
a. disloyalty of public officers or employees;
b. rebellion;
c. conspiracy to commit rebellion;

d. dereliction of duty.
37.
What is the proper charge against a person who, without taking
arms or being in open hostility against the Government, shall incite
others to deprive Congress of its legislative powers, by means of
speeches or writings?
a. inciting to sedition;
b. inciting to rebellion or insurrection;
c. crime against legislative body;
d. unlawful use of means of publication or unlawful utterances.
38.
What is the crime committed when a group of persons entered
the municipal building rising publicly and taking up arms in pursuance
of the movement to prevent exercise of governmental authority with
respect to the residents of the municipality concerned for the purpose
of effecting changes in the manner of governance and removing such
locality under their control from allegiance to the laws of the
Government?
a. sedition;
b. coup d'etat;
c. insurrection;
d. public disorder.
39.
When is a disturbance of public order deemed to be tumultuous?
a. The disturbance shall be deemed tumultuous i f caused by more
than three (3) persons who are armed or provided with means of
violence.
b. The disturbance shall be deemed tumultuous when a person
causes a serious disturbance in a public place or disturbs public
performance, function or gathering.
c. The disturbance shall be deemed tumultuous when more than
three (3) persons make any outcry tending to incite rebellion or
sedition or shout subversive or provocative words to obtain any
of the objectives of rebellion or sedition.
d. The disturbance shall be deemed tumultuous when at least four
(4) persons participate in a free-for-all-fight assaulting each other
in a confused and tumultuous manner.
40.
What is the criminal liability, if any, of a police officer who, while
Congress was in session, arrested a member thereof for committing a
crime punishable by a penalty higher than prision mayor?
a. The police officer is criminally liable for violation of parliamentary
immunity because a member of Congress is privileged from
arrest while Congress is in session.
b. The police officer is criminally liable for disturbance of
proceedings because the arrest was made while Congress was in
session.
c. The police officer incurs no criminal liability because the member

of Congress has committed a crime punishable by a penalty
higher than prision mayor.
d. The police officer is criminally liable for violation of parliamentary
immunity because parliamentary immunity guarantees a
member of Congress complete freedom of expression without
fear of being arrested while in regular or special session.
41.
What is the proper charge against a group of four persons who,
without public. uprising, employ force to prevent the holding of any
popular election?
a. sedition;
b. disturbance of public order;
c. grave coercion;
d. direct assault.
42.
Which of the following circumstances may be appreciated as
aggravating in the crime of treason?
a. cruelty and ignominy;
b. evident premeditation;
c. superior strength;
d. treachery.
43.
What is the crime committed by a public officer who discloses to
the representative of a foreign nation the contents of the articles, data
or information of a confidential nature relative to the defense of the
Philippine archipelago which he has in his possession by reason of the
public office he holds?
a. espionage;
b. disloyalty;
c. treason;
d. violation of neutrality.
44.
A foreigner residing in Hong Kong counterfeits a twenty-peso bill
issued by the Philippine Government. May the foreigner be prosecuted
before a civil court in the Philippines?
a. No. The provisions of the Revised Penal Code are enforceable
only within the Philippine Archipelago.
b. No. The Philippine Criminal Law is binding only on persons who
reside or sojourn in the Philippines.
c. No. Foreigners residing outside the jurisdiction of the Philippines
are exempted from the operation of the Philippine Criminal Law.
d. Yes. The provisions of the Revised Penal Code are enforceable
also outside the jurisdiction of the Philippines against those who
should forge or counterfeit currency notes of the Philippines or
obligations and securities issued by the Government of the
Philippines.
45.
Can the crime of treason be committed only by a Filipino citizen?
a. Yes. The offender in the crime of treason is a Filipino citizen only

because the first element is that the offender owes allegiance to
the Government of the Philippines.
b. No. The offender in the crime of treason is either a Filipino citizen
or a foreigner married to a Filipino citizen, whether residing in the
Philippines or elsewhere, who adheres to the enemies of the
Philippines, giving them aid or comfort.
c. No. The offender in the crime of treason is either a Filipino citizen
or an alien residing in the Philippines because while permanent
allegiance is owed by the alien to his own country, he owes a
temporary allegiance to the Philippines where he resides.
d. Yes. It is not possible for an alien, whether residing in the
Philippines or elsewhere, to commit the crime of treason because
he owes allegiance to his own country.
46.
A jailer inflicted injury on the prisoner because of his personal
grudge against the latter. The injury caused illness of the prisoner for
more than thirty (30) days. What is the proper charge against the
jailer?
a. The jailer should be charged with maltreatment of prisoner and
serious physical injuries.
b. The jailer should be charged with serious physical injuries only.
c. The jailer should be charged with complex crime of maltreatment
of prisoner with serious physical injuries.
d. The jailer should be charged with maltreatment of prisoner only.
47.
AA was convicted of proposal to commit treason. Under Article
115 of the Revised Penal Code, proposal to commit treason shall be
punished by prision correccional and a fine not exceeding P5,000.00. Is
the Indeterminate Sentence Law applicable to AA?
a. Yes. The Indeterminate Sentence Law is applicable to AA because
the maximum of prision correccional exceeds one ( 1) year.
b. Yes. The Indeterminate Sentence Law is applicable to AA because
there is no showing that he is a habitual delinquent.
c. No. The Indeterminate Sentence Law is not applicable to AA
considering the penalty imposable for the offense of which he
was convicted.
d. No. The Indeterminate Sentence Law is not applicable
considering the offense of which he was convicted.
48.
What is the proper charge against a lawyer who reveals the
secrets of his client learned by him in his professional capacity?
a. The lawyer should be charged with revelation of secrets of
private individual.
b. The lawyer should be charged with betrayal of trust.
c. The lawyer should be charged with unauthorized revelation of
classified materials.
d. The proper charge against the lawyer should be revealing secrets
with abuse of office.
49.
AB was driving a van along a highway. Because of her
recklessness, the van hit a car which had already entered the
intersection. As a result, CD who was driving the car suffered physical
injuries, while damage to his car amounted to P8,500.00. What is the
proper charge against AB?
a. AB should be charged with complex crime of reckless
imprudence resulting in damage to property with slight physical
injuries.
b. AB should .be charged with reckless imprudence resulting in
slight physical injuries and reckless imprudence resulting in
damage to property.
c. AB should be charged with complex crime of slight physical
injuries with damage to property.
d. AB should be charged with slight physical injuries and reckless
imprudence resulting in damage to property.
50.
What crime is committed by one who, having received money,
goods or any other personal property in trust or on commission, or for
administration, defrauds the offended party by denying receipt of such
money, goods or other property?
a. He commits violation of the Trust Receipt Law.
b. He commits estafa through fraudulent means.
c. He commits estafa by false pretenses.
d. He commits estafa with unfaithfulness or abuse of confidence.
51.
What is the criminal liability, if any, of AAA who substitutes for a
prisoner serving sentence for homicide by taking his place in jail or
penal establishment?
a. AAA is criminally liable for delivering prisoner from jail and for
using fictitious name.
b. AAA is criminally liable as an accessory of the crime of homicide
by assisting in the escape or concealment of the principal of the
crime.
c. AAA is criminally liable for infidelity in the custody of prisoners.
d. AAA is criminally liable for misrepresentation or concealing his
true name.
52.
A child over fifteen (15) years of age acted with discernment in
the commission of murder. What is the duty of the court if he is already
over eighteen (18) years of age at the time of the determination of his
guilt for the offense charged?
a. The court shall pronounce the judgment of conviction.
b. The court shall place the child under suspended sentence for a
specified period or until he reaches twenty-one (21) years of age.
c. The court shall discharge the child for disposition measures.
d. The court shall place the child on probation.
53.
What is the criminal liability, if any, of a private person who
enters the dwelling of another against the latter's will and by means of
violence or intimidation for the purpose of preventing some harm to

himself?
a. The private person is criminally liable for qualified trespass to
dwelling.
b. The private person is criminally liable for simple trespass to
dwelling.
c. The private person incurs no criminal liability.
d. The private person is criminally liable for light threats.
54.
AAA was convicted of theft by a Manila Court and sentenced to a
straight penalty of one (1) year of prision correccional. After serving
two (2) months of the sentence, he was granted conditional pardon by
the Chief Executive. One of the conditions of the pardon was for him
not to be found guilty of any crime punishable by the laws of the
country. He subsequently committed robbery in Pasay City. Can the
Manila Court require AAA to serve the unexpired portion of the original
sentence?
a. Yes. The Manila Court has the authority to recommit AAA to serve
the unexpired portion of the original sentence in addition to the
penalty for violation of conditional pardon.
b. No. The penalty remitted by the conditional pardon is less than
six (6) years.
c. Yes. The penalty for violation of conditional pardon is the
unexpired portion of the punishment in the original sentence.
d. No. AAA must first be found guilty of the subsequent offense
before he can be prosecuted for violation of conditional pardon.
55.
What is the criminal liability of a person who knowingly and in
any manner aids or protects highway robbers/brigands by giving them
information about the movement of the police?
a. He is criminally liable as principal by indispensable cooperation
in the commission of highway robbery or brigandage.
b. He is criminally liable as an accessory of the principal offenders.
c. He is criminally liable as an accomplice of the principal offenders.
d. He is criminally liable as principal for aiding and abetting a band
of brigands.
56.
With intent to kill, GGG burned the house where F and D were
staying. F and D died as a consequence. What is the proper charge
against GGG?
a. GGG should be charged with two (2) counts of murder.
b. GGG should be charged with arson.
c. GGG should be charged with complex crime of arson with double
murder.
d. GGG should be charged with complex crime of double murder.
57.
RR convinced WW to take a job in Taiwan, assuring her of a good
salary and entitlement to a yearly vacation. WW paid to RR the
processing fee for passport and visa, but no receipt was issued for the
payment. WW was made to use the alien certificate of registration of
another person with a Chinese name and instructed on how to use the
Chinese name. The application of WW was rejected by the Taiwanese
authorities. Cases were filed against RR for illegal recruitment and
estafa. The case of illegal recruitment was dismissed. Is RR liable for
estafa?
a. RR is liable for estafa with unfaithfulness or abuse of confidence.
b. RR is liable for estafa by means of false pretenses.
c. RR is not liable for estafa because WW participated in the illegal
travel documents.
d. RR can no longer be held liable for estafa because with the
dismissal of the case against him for illegal recruitment, double
jeopardy has already set in.
58.
A entered the house of B. Once inside the house of B, A took and
seized personal property by compulsion from B with the use of violence
and force upon things, believing himself to be the owner of the
personal property so seized. What is the criminal liability of A?
a. A is criminally liable for robbery with violence because he
employed violence in the taking of the personal property from B,
robbery characterized by violence being graver than ordinary
robbery committed with force upon things.
b. A is criminally liable for robbery with force upon things in an
inhabited house because the act was committed in a house
constituting the dwelling of one or more persons.
c. A is criminally liable for grave coercion because the presumption
of intent to gain is rebutted.
d. A is criminally liable for qualified trespass to dwelling because he
employed violence.
59.
What is the criminal liability, if any, of a physician who issues a
false medical certificate in connection with the practice of his
profession?
a. The physician is criminally liable for falsification of medical
certificate.
b. The physician is criminally liable if the false medical certificate is
used in court.
c. The physician incurs no criminal liability if the false medical
certificate is not submitted to the court.
d. The physician incurs no criminal liability if the false medical
certificate does not cause prejudice or damage.
60.
Under which of the following circumstances is probation not
applicable?
a. Probation is not applicable when the accused is sentenced to
serve a maximum of six (6) years.
b. Probation is not applicable when the accused has been convicted
by final judgment of an offense punished by imprisonment of less
than one (1) month and/or fine of less than P200.00.
c. Probation is not applicable when accused is convicted of indirect

assault.
d. Probation is not applicable when accused is convicted of indirect
bribery.
61.
What crime is committed by a person who, having found a ring,
fails to deliver the same to the owner or to the local authorities?
a. The finder commits theft.
b. The finder commits concealment.
c. The finder commits qualified theft.
d. The finder commits usurpation of property.
62.
At a wake, there were people watching a game of dice. With
treachery and use of unlicensed firearms, AA fired successively several
gunshots at their direction. During the shooting, four (4) persons were
killed and fourteen (14) others were injured and brought to the hospital
for the treatment of gunshot wounds. What should be the proper
charge against AA?
a. AA should be charged with multiple murder and attempted
murder.
b. AA should be charged with four (4) counts of murder and
fourteen (14) counts of attempted murder.
c. AA should be charged with four (4) counts of murder, fourteen
(14) counts of serious physical injuries and illegal possession of
firearms.
d. AA should be charged with complex crime of murder and
attempted murder with illegal possession of firearms.
63.
A, B, C and D are members of the police department of a
municipality. Conspiring with one another, they arrested E, without
reasonable ground, for the purpose of delivering him to the proper
authorities by imputing to E the crime of bribery. While E was being
investigated by A, B, C and D, one of them placed a marked five
hundred peso bill, together with the money taken from E, to make it
appear that E, an employee of the Office of the Local Civil Registrar,
agreed to perform an act not constituting a crime in connection with
the performance of E's duties, which was to expedite the issuance of a
birth certificate. What is the crime committed by A, B, C and D?
a. A, 8, C and D committed incriminatory machination through
unlawful arrest.
b. A, 8, C and D committed intriguing against honor with unlawful
arrest.
c. A, 8, C and D committed slight illegal detention.
d. A, 8, C and D committed corruption of public official.
64.
Felonies are classified according to manner or mode of execution
into felonies committed by means of deceit (dolo) and by means of
fault (culpa). Which of the following causes may not give rise to
culpable felonies?
a. Imprudence;
b. Malice;
c. Negligence;
d. Lack of foresight.
65.
Which of the following acts does not constitute estafa or other
forms of swindling?
a. When a person mortgages a real property by pretending to be
the owner thereof.
b. When a person disposes of the real property knowing it to be
encumbered.
c. When a person wrongfully takes real property from its lawful
possessor to the prejudice of the latter.
d. When a person mortgages real property while being a surety
given in a civil action without express authority from the court.
66.
DD, intending to kill EE, peppered the latter's bedroom with
bullets, but since the intended victim was not home at that time, no
harm came to him. What crime is committed?
a. DD committed the crime of attempted murder.
b. DD committed the crime of attempted homicide.
c. DD committed the crime of impossible crime.
d. DD committed the crime of malicious mischief.
67.
What crime is committed when a person ill-treats another by
deed without causing any injury?
a. The offender commits maltreatment.
b. The offender commits slander by deed.
c. The offender commits assault.
d. The offender commits coercion.
68.
The baptism of A was solemnized by B, an ecclesiastical minister,
in the absence of C, one of the godparents. Upon request of the mother
of A, B caused the inclusion of the name of C in the baptismal
certificate of A as one of the godparents and allowed a proxy for C
during the baptismal ceremony. What is the criminal liability, if any, of
the ecclesiastical minister?
a. The ecclesiastical minister is criminally liable for falsification of
baptismal certificate by causing it to appear that C participated
in the baptismal ceremony when he did not in fact so participate.
b. The ecclesiastical minister is not criminally liable because the
insertion of the name of C in the baptismal certificate will not
affect the civil status of A.
c. The ecclesiastical minister is not criminally liable because he is
not a public officer, employee or notary.
d. The ecclesiastical minister is not criminally liable because he did
not take advantage of his official position nor cause damage to a
third party.
69.
Is the penalty for impossible crime applicable to one who
attempts to commit a light felony of impossible materialization?
a. No. The evil intent of the offender cannot be accomplished.
b. No. An attempt to commit light felony constitutes an

employment of inadequate or ineffectual means.
c. No. The penalty for consummated light felony is less than the
penalty for impossible crime.
d. No. In impossible crime, the act performed should not constitute
a violation of another offense.
70.
What crime is committed by a public officer who, having control
of public funds or property by reason of the duties of his office and for
which he is accountable, permits any other person through
abandonment to take such public funds or property?
a. The public officer commits malversation.
b. The public officer commits technical malversation.
c. The public officer commits the crime of failure of accountable or
responsible officer to render accounts.
d. The public officer commits the crime of failure to make delivery
of public funds or property.
71.
AA knowingly and willfully induced BB to swear falsely. BB
testified as told in a formal hearing of an administrative case under
circumstances rendering him guilty of perjury. Is AA criminally liable?
a. AA is not criminally liable because his act constitutes subornation
of perjury which is not expressly penalized in the Revised Penal
Code.
b. AA is not criminally liable because he was not the one who gave
false testimony in the administrative case.
c. AA is not criminally liable because the witness suborned testified
in an administrative case only.
d. AA is criminally liable for perjury as principal by inducement with
BB as the principal by direct participation.
72.
What should be the proper charge against an offender who
unlawfully took and carried away a motor vehicle belonging to another
without the latter's consent, killing the driver in the process?
a. The proper charge against the offender should be murder with
the use of motor vehicle.
b. The proper charge against the offender should be qualified
carnapping or carnapping in an aggravated form.
c. The proper charge against the offender should be carnapping
and homicide.
d. The proper charge against the offender should be robbery with
homicide.
73.
Conspiracy to commit felony is punishable only in cases in which
the law specifically provides a penalty therefor. Under which of the
following instances are the conspirators not liable?
a. Conspiracy to commit arson.
b. Conspiracy to commit terrorism.
c. Conspiracy to commit child pornography.
d. Conspiracy to commit trafficking in persons.
74.
With intent to cause damage, AAA deliberately set fire upon the
two-storey residential house of his employer, mostly made of wooden
materials. The blaze spread and gutted down seven neighboring
houses. On the occasion of the fire, six (6) persons sustained burn
injuries which were the direct cause of their death. What crime was
committed by AAA?
a. AAA committed the complex crime of arson with multiple
homicide.
b. AAA committed arson and multiple homicide.
c. AAA committed simple arson.
d. AAA committed arson and multiple murder.
75.
What crime is committed by a utility worker in government who
destroys office files as an act of revenge against his supervisor?
a. The utility worker commits infidelity in the custody of papers.
b. The utility worker commits malicious mischief.
c. The utility worker commits estafa by removing, concealing or
destroying office files.
d. The utility worker commits crime involving destruction.
WATCHER.
2012
BAR
EXAMINATIONS
CRIMINAL LAW
21 October 2012
3:30 P.M.-5 P.M.
Set B
ESSAY
TYPE
QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (10) questions (numbered l to X)
contained in THREE (3) pages.
answer to a sub-question/s under the same number n1ay be written
continuously on the san1e page and succeeding pages until completed.
legibly.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS FOUR (4) PAGES
TAXATION LAW
I
a. What are the elements of the crime of bigamy? (5%)
b. If you were the judge in a bigamy case where the defense was able to
prove that the first marriage was null and void or a nullity, would you
render a judgment of conviction or acquittal? Explain your answer.
(2%)
Assuming the existence of the first marriage when accused contracted
the second marriage and the subsequent judicial declaration of nullity
of the second marriage on the ground of psychological incapacity,
would you render a judgment of conviction or acquittal? Explain your
answer. (3%)
II
a. What is a privileged mitigating circumstance? (5%)
b. Distinguish a privileged mitigating circumstance from an ordinary
mitigating circumstance as to reduction of penalty and offsetting
against aggravating circumstance/s. (5%)
III
a. Is the crime of theft susceptible of commission in the frustrated stage?
Explain your answer in relation to what produces the crime of theft in
its consummated stage and by way of illustration of the subjective and
objective phases of the felony. (5%)
b. What are the constitutional provisions limiting the power of Congress
to enact penal laws? (5%)
IV
A postal van containing mail matters, including checks and treasury
warrants, was hijacked along a national highway by ten (1 0) men, two (2) of
whom were armed. They used force, violence and intimidation against three
(3) postal employees who were occupants of the van, resulting in the
unlawful taking and asportation of the entire van and its contents.
a. If you were the public prosecutor, would you charge the ten (10) men
who hijacked the postal van with violation of Presidential Decree No.
532, otherwise known as the Anti-Piracy and Anti -Highway Robbery
Law of 1974? Explain your answer. (5%)
b. If you were the defense counsel, what are the elements of the crime of
highway robbery that the prosecution should prove to sustain a
conviction? (5%)
V
a. Who is an accomplice? (5%)
b. Distinguish an accomplice from a conspirator as to their knowledge of
the criminal design of the principal, their participation, the penalty to
be imposed in relation to the penalty for the principal, and the
requisites/elements to be established by the prosecution in order to
hold them criminally responsible for their respective roles in the
commission of the crime. (5%)
VI
a. What is the fundamental principle in applying and interpreting criminal
laws, including the Indeterminate Sentence Law? (5%)
b. How is the Indeterminate Sentence Law applied in imposing a
sentence? (5%)
VII
a. Who are brigands? (5%)
b. Distinguish brigandage from robbery in band as to elements, purpose
of the of fender and agreement among the offenders. (5%)
VIII
a. Who is a habitual delinquent? (5%)
b. Distinguish habitual delinquency from recidivism as to the crimes
committed, the period of time the crimes are committed, the number
of crimes committed and their effects in relation to the penalty to be
imposed on a convict. (5%)
IX
a. Define conspiracy. (5%)
b. Distinguish by way of illustration conspiracy as a felony from
conspiracy as a manner of incurring liability in relation to the crimes of
rebellion and murder. (5%)
X
a. Explain and illustrate the stages of execution of the crime of homicide,
taking into account the nature of the offense, the essential element of
each of the stages of execution and the manner of committing such
international felony as distinguished from felony committed through
reckless imprudence. (5%)
b. AA was arrested for committing a bailable offense and detained in
solitary confinement. He was able to post bail after two (2) weeks of
defection. During the period of detention, he was not given any food.
Such deprivation caused him physically discomfort. What crime, if any,
was committed in connection with the solitary confinement and food
deprivation of AA? Explain your answer. (5%)
- NOTHING FOLLOWS HAND IN YOUR NOTEBOOK.
WATCHER.
MERCANTILE LAW
21 October 2012
8:00 A.M. - 10 A.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
up to 100 contained in TWENTY FOUR (24) pages.
A void erasures on the Answer Sheet. If you need to make corrections, erase
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS TWENTY FIVE (25) PAGES
MERCANTILE LAW
1. Letters of Credit are financial devices in commercial transactions which
will ensure that the seller of the goods is sure to be paid when he parts
with the goods and the buyer of the goods gets control of the goods
upon payment. Which statement is most accurate?
a. The use of the Letter of Credit serves to reduce the risk of

nonpayment of the purchase price in a sale transaction.
b. The Letters of Credit can only be used exclusively in a sales
transaction.
c. The Letters of Credit are issued for the benefit of the seller only.
d. (a), (b) and (c) are all correct.
2. Letter of Credit which is used in non-sale transaction, where it serves
to reduce the risk of non-performance is called a. irrevocable letter of credit;
b. standby letter of credit;
c. confirmed letter of credit;
3. At the instance of CCC Corporation, AAA Bank issued an irrevocable
Letter of Credit in favor of BBB Corporation. The terms of the
irrevocable Letter of Credit state that the beneficiary must presfmt
certain documents including a copy of the Bill of Lading of the
importation for the bank to release the funds. BBB Corporation could
not find the original copy of the Bill of Lading so it instead presented to
the bank a xerox copy of the Bill of Lading. Would you advise the bank
to allow the drawdown on theLetter of Credit?
a. No, because the rule of strict compliance in commercial
transactions involving letters of credit, requiring documents set
as conditions for the release of the fund ,has to be strictly corn
plied with or else funds will not be released.
b. Yes, because an irrevocable letter of credit means that the
issuing bank undertakes to release the fund anytime when
claimed by the beneficiary, regardless of the kind of document
presented.
c. Yes, because the issuing bank can always justify to CCC
Corporation that xerox copies are considered as faithful
reproduction of the original copies.
d. Yes, because the issuing bank really has no discretion to
determine whether the documents presented by the beneficiary
are sufficient or not.
4. AAA Carmakers opened an irrevocable Letter of Credit with BBB
Banking Corporation with CCC Cars Corporation as beneficiary. The,
irrevocable Letter of Credit was opened to pay for the importation of
ten (1 0) units of Mercedes Benz S class. Upon arrival of the cars, AAA
Carmakers found out that the cars were all not in running condition and
some parts were missing. As a consequence, AAA Carmakers
instructed BBB Banking Corporation not to allow drawdown on the
Letter of Credit. Is this legally possible?
a. No, because under the "Independence Principle", conditions for
the drawdown on the Letters of Credit are based only on
documents, like shipping documents, and not with the condition
of the goods subject of the importation.
5.
6.
7.
8.
b. Yes, because the acceptance by the importer of the goods

subject of importation is material for the drawdown of the Letter
of Credit.
c. Yes, because under the "Independence Principle", the seller or
the beneficiary is always assured of prompt payment if there is
no breach in the contract between the seller and the buyer.
d. No, because what was opened was an irrevocable letter of credit
and not a confirmed letter of credit.
For a fee, X deposited 1,000 sacks of corn in the warehouse owned by
Y. Y is in the business of warehousing. Y issued a warehouse receipt as
proof of the possession of the 1,000 sacks of corn. The warehouse
receipt states as follows: "Deliver to X or bearer 1,000 sacks of corn." X
wanted to use the warehouse receipt as payment of his debt in favor of
Z. How can the ownership of the goods covered by the warehouse
receipt be transferred?
a. Negotiate the warehouse receipt by just delivering the
warehouse receipt to Z.
b. Assign the warehouse receipt to Z to transfer ownership of the
goods.
c. Negotiate the warehouse receipt by specifically indorsing it to Z.
d. The warehouse receipt in this case is non-negotiable.
The warehouseman, by issuing the warehouse receipt, acknowledges
that the goods are in his possession, but he can refuse to deliver the
goods to the holder of the warehouse receipt covering the goods if a. the warehouse receipt covering the goods is not presented.
b. the lien of the warehouseman is not satisfied.
c. the said holder presents a materially altered warehouse receipt.
d. All of the above.
The legal remedy of the warehouseman in case of conflicting claims is
to --a. file an action for interpleader.
b. give the goods to the first one who first presented the warehouse
receipt.
c. use his discretion as to who he believes has the prior right.
d. keep the goods and appropriate them to himself.
BBB Banking Corporation issued a Letter of Credit in the amount of
P5Million, for the purchase of five (5) tons of corn by X. Upon arrival of
the goods, the goods were delivered to the warehouse of X. Thereafter
he was asked to sign a Trust Receipt covering the goods. When the
goods were sold, X did not deliver the proceeds to BBB Banking
Corporation, arguing that he will need the fund for the subsequent
importation. Is there sufficient basis to sue for criminal action?
a. Yes, because X's failure to turn over the proceeds to the bank is a
violation of the Trust Receipt Law.
b. No, because the trust receipt was signed only after the delivery
of the goods. When the trust receipt was signed, the ownership
of the goods was already with X.
c. Yes, because violation of Trust Receipt Law is mala prohibita,
intention is irrelevant.
d. No, because X has a valid reason not to deliver the proceeds to
BBB Banking Corporation.
9. X secured a loan from BBB Bank to pay for the importation of some
dried fruits. Upon arrival of the goods consisting of dried fruits
imported by X but before delivery to him, a trust receipt was executed
by X to cover the transfer of the dried fruits to his possession. The
dried fruits were so saleable but instead of turning over the proceeds
of the sale, X used the funds to pay for the medical expenses of his
mother who was sick of cancer of the bone. Which statement is most
accurate?
a. X cannot be held criminally liable because although he did not
pay the bank he used the proceeds for a good reason.
b. Fraud or deceit is a necessary element to hold X criminally liable
for non -payment under the Trust Receipts Law.
c. X can be held criminally liable under the Trust Receipts Law
regardless of the purpose or intention for the use of the
proceeds.
d. X cannot be held criminally liable because the underlying
obligation is one of simple loan.
10.
X is the President of AAA Products Corporation. X signs all the
Trust Receipts documents for certain importations of the company. In
the event of failure to deliver the proceeds of the sale of the goods to
the bank, which statement is most accurate?
a. The criminal liability will not attach to X as President because of
separate juridical personality.
b. For violation of Trust Receipts Law, the law specifically provides
for the imposition of penalty upon directors I officers of the
corporation.
c. The officer will not be held criminally accountable because he is
just signing the trust receipt for and in behalf of the corporation.
d. The officer of the corporation will be held liable provided it is
clear that the officer concerned participated in the decision not
to pay.
11.
Who is the Entrustee in a Trust Receipt arrangement?
a. the owner of the goods;
b. the one who holds the goods and receives the proceeds from the
sale of the goods;
c. the person to whom goods are delivered for sale and who bears
the risk of the loss;
d. the party who acquires security interest in the goods.
12.
Which phrase best completes the statement - In accordance with
the Trust Receipt Law, purchasers of the goods from the Entrustee will:
a. get the goods only as a collateral;
b. not get good title to the goods;
c. only get security interest over the goods;
d. get good title to the goods.
13.
X acted as an accommodation party in signing as a maker of a
promissory note. Which phrase best completes the sentence - This
means that X is liable on the instrument to any holder for value:
a. for as long as the holder does not know that X is only an
accommodation party.
b. even though the holder knew all along that X is only an
c. for as long as X did not receive any consideration for acting as
d. provided X received consideration for acting as accommodation
party.
14.
X issued a promissory note which states, "I promise to pay Y or
order Php100,000.00 or one (1) unit Volvo Sedan." Which statement is
most accurate?
a. The promissory note is negotiable because the forms of payment
are clearly stated.
b. The promissory note is non-negotiable because the option as to
which form of payment is with the maker.
c. The promissory note is an invalid instrument because there is
more than one form of payment.
d. The promissory note can be negotiated by way of delivery.
15.
X issued a promissory note which states "I promise to pay Y or
bearer the amount of HK$50,000 on or before December 30, 2013." Is
the promissory note negotiable?
a. No, the promissory note becomes invalid because the amount is
in foreign currency.
b. Yes, the promissory note is negotiable even though the amount is
stated in foreign currency.
c. No, the promissory note is not negotiable because the amount is
in foreign currency.
d. Yes, the promissory note is negotiable because the Hong Kong
dollar is a known foreign currency in the Philippines.
16.
X delivered a check issued by him and payable to the order of
CASH to Y in payment for certain obligations incurred by X in favor of Y.
Y then delivered the check to Z in payment for certain obligations.
Which statement is most accurate?
a. Z can encash the check even though Y did not indorse the check.
b. Z cannot encash the check for lacking in proper endorsement.
c. Y is the only one liable because he was the one who delivered
the check to Z.
d. The negotiation is not valid because the check is an instrument

payable to order.
17.
A stale check is a check a. that cannot anymore be paid although the underlying obligation
still exists.
b. that cannot anymore be paid and the underlying obligation under
the check is also extinguished.
c. that can still be negotiated or indorsed so that whoever is the
holder can
d. which has not been presented for payment within a period of
thirty (30) days.
18.
In payment for his debt in favor of X, Y gave X a Manager's Check
in the amount of Php100,000 dated May 30, 2012. Which phrase best
completes the statement - A Manager's Check:
a. is a check issued by a manager of a bank for his own account.
b. is a check issued by a manager of a bank in the name of the
bank against the bank itself for the account of the bank.
c. is like any ordinary check that needs to be presented for
payment also.
d. is better than a cashier's check in terms of use and effect.
19.
Which phrase best completes the statement -- A check which is
payable to bearer is a bearer instrument and:
a. negotiation can be made by delivery only;
b. negotiation must be by written indorsement;
c. negotiation must be by specific indorsement;
d. negotiation must be by indorsement and delivery.
20.
As payment for a debt, X issued a promissory note in favor of Y
but the promissory note on its face was marked non-negotiable. Then Y
instead of indorsing the promissory note, assigned the same in favor of
Z to whom he owed some debt also. Which statement is most
accurate?
a. Z cannot claim payment from X on the basis of the promissory
note because it is marked non-negotiable.
b. Z can claim payment from X even though it is marked nonnegotiable.
c. Z can claim payment from Y because under the Negotiable
Instrument Law, negotiation and assignment is one and the
same.
d. Z can claim payment from Y only because he was the endorser of
the promissory note.
21.
Negotiable instruments are used as substitutes for money, which
means a. that they can be considered legal tender.
b. that when negotiated, they can be used to pay indebtedness.
c. that at all times the delivery of the instrument is equivalent to
delivery of the cash.
d. that at all times negotiation of the instruments requires proper

indorsement.
22.
The signature of X was forged as drawer of a check. The check
was deposited in the account of Y and when deposited was accepted
by AAA Bank, the drawee bank. Subsequently, AAA Bank found out
that the signature of X was actually forged. Which statement is most
accurate?
a. The drawee bank can recover from Y, because the check was
deposited in his account.
b. The drawee bank can recover from X, because he is the drawer
even though his signature was forged.
c. The drawee bank is estopped from denying the genuineness of
the signature of the X, the drawer of the check.
d. The drawee bank can recover from Y because as endorser he
warrants the genuineness of the signature.
23.
A issued a check in the amount of Php20,000 payable to B. B
endorsed the check but only to the extent of Php1 0,000. Which
a. The partial indorsement is not a valid indorsement, although will
result in the assignment of that part.
b. The partial indorsement will invalidate the whole instrument.
c. The endorsee will be considered as a holder in due course.
d. The partial indorsement is valid indorsement up to the extent of
the Php10,000.
24.
A promissory note which does not have the words "or order" or
"or bearer" will render the promissory note non-negotiable, and
therefore a. it will render the maker not liable;
b. the note can still be assigned and the maker made liable;
c. the holder can become holder in due course;
d. the promissory note can just be delivered and the maker will still
be liable.
25.
A check is a. a bill of exchange;
b. the same as a promissory note;
c. is drawn by a maker;
d. a non-negotiable instrument.
26.
A check was issued to Tiger Woods. But what was written as
payee is the word "Tiger Woods". To validly endorse the check a. Tiger Woods must sign his real name.
b. Tiger Woods must sign both his real name and assumed name.
c. Tiger Woods can sign his assumed name.
d. the check has become non-negotiable.
27.
Y, as President of and in behalf of AAA Corporation, as a way to
accommodate X, one of its stockholders, endorsed the check issued by
X. Which statement is most acurate?
a.
b.
c.
d.
It is an ultra vires act.

It is a valid indorsement.
The corporation will be held liable to any holder in due course.
It is an invalid indorsement.
28.
In a negotiable instrument, when the sum is expressed both in
numbers and in words and there is discrepancy between the words and
the numbers a. the sum expressed in words will prevail over the one expressed
in numbers.
b. the sum expressed in numbers will prevail over the one
expressed in words.
c. the instrument becomes void because of the discrepancy.
d. this will render the instrument invalid.
29.
A promissory note which is undated is presumed to be a. dated as of the date of issue;
b. dated as of the date of the first indorsement;
c. promissory note is invalid because there is no date;
d. dated on due date.
30.
An insurance contract is an aleatory contract, which means that a. the insurer will pay the insured equivalent to the amount of the
premium paid.
b. the obligation of the insurer is to pay depending upon the
happening of an uncertain future event.
c. the insured pays a fixed premium for the duration of the policy
period and the amount of the premiums paid to the insurer is not
necessarily the same amount as what the insured will get upon
the happening of an uncertain future event.
d. the obligation of the insurer is to pay depending upon the
happening of an event that is certain to happen.
31.
An Insurance Contract is a contract of adhesion, which means
that in resolving ambiguities in the provision of the insurance contract,
a. the general rule is that, the insurance contract is to be
interpreted strictly in accordance with what is written in the
contract.
b. are to be construed liberally in favor of the insured and strictly
against the insurer who drafted the insurance policy.
c. are to be construed strictly against the insured and liberally in
favor of the insurer.
d. if there is an ambiguity in the insurance contract, this will
invalidate the contract.
32.
X is the common law wife of Y. Y loves X so much that he took out
a life insurance on his own life and made her the sole beneficiary. Y did
this to ensure that X will be financially comfortable when he is gone.
Upon the death of Y, -
a. X as sole beneficiary under the life insurance policy on the life of

Y will be entitled to the proceeds of the life insurance.
b. despite the designation of X as the sole beneficiary, the proceeds
of the life insurance will go to the estate of Y.
c. the proceeds of the life insurance will go to the compulsory heirs
of Y.
d. the proceeds of the life insurance will be divided equally
amongst X and the compulsory heirs of Y.
33.
X, in January 30, 2009, or two (2) years before reaching the age
of 65, insured his life for Php20Million. For reason unknown to his
family, he took his own life two (2) days after his 65th birthday. The
policy contains no excepted risk. Which statement is most accurate?
a. The insurer will be liable.
b. The insurer will not be liable.
c. The state of sanity of the insured is relevant in cases of suicide in
order to hold the insurer liable.
d. The state of sanity of the insured is irrelevant in cases of suicide
in order to hold the insurer liable.
34.
X, a minor, contracted an insurance on his own life. Which
a. The life insurance policy is void ab initio.
b. The life insurance is valid provided it is with the consent of the
beneficiary.
c. The life insurance policy is valid provided the beneficiary is his
estate or his parents, or spouse or child.
d. The life insurance is valid provided the disposition of the
proceeds will be subject to the approval of the legal guardian of
the minor.
35.
The "incontestability clause" in a Life Insurance Policy means --a. that life insurance proceeds cannot be claimed two (2) years
after the death of the insured.
b. that two (2) years after date of issuance or reinstatement of the
life insurance policy, the insurer cannot anymore prove that the
policy is void ab initio or rescindable by reason of fraudulent
concealment or misrepresentation of the insured.
c. that the insured can still claim from the insurance policy after
two (2) years even though premium is not paid.
d. that the insured can only claim proceeds in a life insurance
policy two (2) years after death.
36.
For both the Life Insurance and Property Insurance, the insurable
interest is required to be a. existing at the time of perfection of the contract and at the time
of loss.
b. existing at the time of perfection and at the time of loss for
property insurance but only at the time of perfection for life
insurance.
c. existing at the time of perfection for property insurance but for

life insurance both at the time of perfection and at the time of
loss.
d. existing at the time of perfection only.
37.
A house and lot is covered by a real estate mortgage (REM) in
favor of ZZZ Bank. The bank required that the house be insured. The
owner of the policy failed to endorse nor assign the policy to the bank.
However, the Deed of Real Estate Mortgage has an express provision
which says that the insurance policy is also endorsed with the signing
of the REM. Will this be sufficient?
a. . No, insurance policy must be expressly endorsed to the bank so
that the bank will have a right in the proceeds of such insurance
in the event of loss.
b. The express provision contained in the Deed of Real Estate
Mortgage to the effect that the policy is also endorsed is
sufficient.
c. Endorsement of Insurance Policy in any form is not legally
allowed.
d. Endorsement of the Insurance Policy must be in a formal
document to be valid.
38.
X is a passenger of a jeepney for hire being driven by Y. The
jeepney collided with another passenger jeepney being driven by Z
who was driving recklessly. As a result of the collision, X suffered
injuries. Both passenger jeepneys are covered by Comprehensive
Motor Vehicular Insurance Coverage. If X wants to claim under the "no
fault indemnity clause", his claim will lie a. against the insurer of the jeepney being driven by Z who was the
one at fault.
b. the claim shall lie against the insurer of the passenger jeepney
driven by Y because X was his passenger.
c. X has a choice against whom he wants to make his claim.
39.
X insured the building she owns with two (2) insurance
companies for the same amount. In case of damage, a. X can not claim from any of the two (2) insurers because with the
double
insurance,
the
insurance
coverage
becomes
automatically void.
b. the two (2) insurers will be solidarily liable to the extent of the
loss.
c. the two (2) insurers will be proportionately liable.
d. X can choose who he wants to claim against.
40.
When X insured his building, X indicated in the application that it
is a residential building, but actually the building was being used as a
warehouse for some hazardous materials. What is the effect on the
insurance policy, i f any?
a. The insurance policy can be cancelled because of the change in

the use.
b. The insurance policy will automatically be changed.
c. The insurance policy need not be changed.
d. The insurance policy is fixed regardless of the change in the use.
41.
X owned a house and lot. X insured the house. The house got
burned. Then he sold the partially burnt house and the lot to Y. Which
a. X is not anymore entitled to the proceeds of the insurance policy
because he already sold the partially burnt house and lot.
b. X is still entitled to the proceeds of the insurance policy because
what is material is that at the time of the loss, X is the owner of
the house and lot.
c. No one is entitled to the proceeds because ownership over the
house and lot was already transferred.
d. Y will be the one entitled to the proceeds because he now owns
the partially burnt house and lot.
42.
X, while driving his Toyota Altis, tried to cross the railway tract of
Philippine (xxx line 2 unread text xxx) approached Blumentritt Avenida
Ext., applied its horn as a warning to all the vehicles that might be
crossing the railway tract, but there was really nobody manning the
crossing. X was listening to his lpod touch, hence, he did not hear the
sound of the horn of the train and so his car was hit by the train. As a
result of the accident, X suffered some injuries and his car was totally
destroyed as a result of the impact. Is PNR liable?
a. PNR is not liable because X should have known that he was
crossing a place designated as crossing for train, and therefore
should have been more careful.
b. PNR is liable because Railroad companies owe to the public a
duty of exercising a reasonable degree of care to avoid injury to
person and property at railroad crossings which means a flagman
or a watchman should have been posted to warn the public at all
times.
c. PNR is not liable because it blew its horn when it was about to
cross the railway along Blumentritt Avenida Ext.
d. PNR is not liable because X was negligent, for listening to his
lpod touch while driving.
43.
The AAA Bus Company picks up passengers along EDSA. X, the
conductor, while on board the bus, drew his gun and randomly shot the
passengers inside. As a result, Y, a passenger, was shot and died
instantly. Is AAA Bus Company liable?
a. The bus company is not liable for as long as the bus company
can show that when they hired X, they did the right selection
process.
b. The bus company cannot be held liable because what X did is not
part of his responsrbility.
c. The bus company is liable because common carriers are liable for
the negligence or willful act of its employees even though they
acted beyond the scope of their responsibility.
d. The bus company is not liable because there is no way that the
bus company can anticipate the act of X.
44.
X is a trader of school supplies in Calapan, Oriental Mindoro. To
bring the school supplies to Calapan, it has to be transported by a
vessel. Because there were so many passengers, the two (2) boxes of
school supplies were loaded but the shipping company was not able to
issue the Bill of Lading. So, on board, the Ship Captain issued instead a
"shipping receipt" to X indicating the two (2) boxes of school supplies
being part of the cargo of the vessel. Which phrase therefore, is the
most accurate?
a. the owner of the vessel is not liable because no bill of lading was
issued to X hence, no contract of carriage was perfected.
b. it is possible to have a contract of carriage of cargo even without
a bill of lading, and the "shipping receipt" would be sufficient.
c. the only acceptable document of title is a Bill of Lading.
45.
X took Philippine Airlines Flight PR 102 to Los Angeles, USA. She
had two (2) luggage checked-in and was issued two (2) baggage
checks. When X reached Los Angeles one (1) of the two (2) checked in
luggage could not be found. Which statement is most accurate?
a. PAL is liable for the loss of the checked- in luggage under the
provisions of the Warsaw Convention on Air Transport.
b. PAL is liable for the loss only if the baggage check expressly
states that the airline shall be liable in case of loss.
c. PAL cannot be held liable because that is the risk that a
passenger takes when she checks- in her baggage.
d. PAL can only be held liable if it can be proven that PAL was
negligent.
46.
X owns a passenger jeepney covered by Certificate of Public
Convenience. He allowed Y to use its Certificate of Convenience for a
consideration. Y therefore was operating the passenger jeepney under
the same Certificate of Public Convenience (Kabit System) under the
name of X. The passenger jeepney met an accident. Who will be liable?
a. Y, the one actually operating the jeepney, will be liable to the
injured party.
b. X will be the one liable to the injured party despite the fact that it
is Y who is actually operating the jeepney, because while the
Kabit System is tolerated, the public should not be
inconvenienced by the arrangement.
c. X will not be held liable if he can prove that he is not the owner
anymore.
d. Public Policy dictates that the real owner, even not the registered
one, will be held liable.
47.
X owns a fleet of taxicabs. He operates it through what is known
as boundary system. Y drives one of such taxicabs and pays X a fixed
amount of Php1 ,000 daily under the boundary system. This means
that anything above Php1 ,000 would be the earnings of Y. Y, driving
recklessly, hit an old lady crossing the street. Which statement is most
accurate?
a. X as the owner is exempt from liability because he was not the
one driving.
b. X as the owner is exempt from liability because precisely the
arrangement is one under the "boundary system".
c. X will not be exempt from liability because he remains to be the
registered owner and the boundary system will not allow the
circumvention of the law to avoid liability.
d. Y is the only one liable because he drove recklessly.
48.
The Articles of Incorporation of AAA Corporation was approved by
the Securities and Exchange Commission (SEC). After the receipt of the
Certificate of Approval from the SEC, AAA Corporation decided to
immediately start the operation of its business despite the fact that it
has no approved By-Laws. What is the legal status of the AAA
Corporation?
a. A de jure corporation;
b. A de facto corporation;
c. A corporation by estoppel;
d. An unregistered corporation.
49.
X, the President of ZZZ Corporation, was authorized by the Board
of Directors of ZZZ Corporation to obtain a loan from YYY Bank and to
sign documents in behalf of the corporation. X personally negotiated
for the loan and got tile loan at very low interest rates. Upon maturity
of the loan, ZZZ Corporation was unable to pay. Which statement is
most accurate?
a. Because X was personally acting in behalf of the Corporation, he
can be held personally liable.
b. X, as President, cannot be personally held liable for the
obligation of the corporation even though he signed all the loan
documents, because the loan was authorized by the Board.
c. YYY Bank can choose as to who it wants to hold liable for the
loan.
d. If ZZZ Corporation cannot pay, X can be held subsidiarity liable.
50.
X owns 99% of the capital stock of SSS Corporation. X also owns
99% of TTT Corporation. SSS Corporation obtained a loan from VW
Bank. On due date, SSS Corporation defaulted. TTT Corporation is
financiallyhealthy. Which statement is most accurate?
a. X being a controlling owner of SSS Corporation can automatically
be held personally liable for the loan of SSS Corporation.
b. TTT Corporation, owned 99% by X, can automatically be held
liable.
c. SSS Corporation and TTT Corporation, although both are owned

by X, are two (2) distinct corporations with separate juridical
personalities hence, the TTT Corporation cannot automatically be
held liable for the loan of SSS Corporation.
d. The principle of piercing the veil of corporate fiction can be
applied in this case.
51.
A corporation generally can issue both par value stock and no
par value stock. These are all fixed in the Articles of Incorporation of
the corporation. Which of the following corporations may not be
allowed to issue no par value shares?
a. Insurance companies;
b. Banks;
c. Trust companies;
52.
Father X, an American priest who came from New York, registered
the Diocese of Bacolod of the Roman Catholic Church which was
incorporated as a corporation sole. There were years when the head of
the Diocese was a Filipino, but there were more years when the heads
were foreigners. Today, the head is an American again. Y donated a
piece of land located in Bacolod City for use as a school. Which
a. The Register of Deeds of Bacolod City can refuse to register and
transfer the title because the present head of the corporation
sole is not a Filipino.
b. The nationality of a corporation sole depends upon the
nationality of the head at any given time.
c. A corporation sole, regardless of the nationality of the head, can
acquire real property either by sale or donation.
d. A corporation sole is not legally allowed to own real property.
53.
The number of the Board of Trustees of a non-stock, non-profit
educational institution should be --a. five (5) only
b. any number for as long as it is not less than five (5) and no more
than eleven (11)
c. any number in multiples of five (5), for as long as it is not less
than five (5) and no more than fifteen (15).
d. not less than five (5) nor more than ten (1 0) in multiples of five
(5).
54.
X subscribed 10,000 shares in the capital stocks of AAA
Corporation. He paid 50% of the 10,000 shares. X asked the Corporate
Secretary to issue him the corresponding stock certificate representing
the 50% of what he already paid. The Corporate Secretary of the
corporation refused. Was the Corporate Secretary correct?
a. The Corporate Secretary is correct because the Corporation Code
provides that no certificate of stock shall be issued to a
subscriber until the shares as subscribed have been fully paid.
b. The Corporate Secretary cannot refuse because a Stock

Certificate can be issued corresponding to the percentage of
shares which were paid.
c. The Corporate Secretary cannot refuse because a Certificate of
Stock can be issued provided it is indicated in the Certificate the
actual percentage of what has been paid.
d. The Corporate Secretary cannot refuse because it is his legal
duty to issue a stock certificate corresponding to the number of
shares actually subscribed regardless of the actual payment.
55.
XXX Corporation and YYY Corporation have agreed to be merged
into one corporation. To facilitate the merger, both corporations agreed
that the merger be made effective on May 31,2012. The Securities and
Exchange Commission (SEC) approved the Articles of Merger on June
30, 2012. Which statement is most accurate?
a. The effective date of the merger is May 31, 2012, the date
stipulated by the parties as the effective date.
b. The effective date of the merger is always the date of the
approval of the Articles of Merger by the SEC.
c. The effective date of the merger would be the date approved by
the Board of Directors and the stockholders.
d. The stockholders and the Board of Directors can set the effective
date of the merger anytime after the approval of the SEC.
56.
AAA Corporation is a wholly owned subsidiary of BBB
Corporation. To support the business of AAA Corporation, BBB
Corporation agreed to give its corporate guarantee to the loan of AAA
Corporation. What is required so that the corporate guarantee will be
valid?
a. It only requires the approval of the Board of Directors of BBB
Corporation.
b. The Articles of Incorporation must provide such power and be
approved by the Board of Directors.
c. Providing corporate guarantee to another corporation is a
necessary exercise of power of a corporation.
d. It would require both the approval of the Board of Directors and
the stockholders on record.
57.
The capital stock of ABC Corporation is divided into common
shares and preferred shares. Preferred shares are preferred as to
dividends and common shares are those shares which have the regular
and ordinary attributes of a share of a corporation. Which statement is
most accurate?
a. This kind of classification may not be allowed or else it will
violate the Doctrine of Equality of shares.
b. Classifications of shares may be allowed for as long as it is
clearly stated as such in the Articles of Incorporation of the
Corporation.
c. Classifications of shares is mainly for business purpose to attract

investors.
d. Classifications of shares may be allowed with the approval of the
stockholders and the Board of Directors.
58.
ABC Corporation declared stock dividends to its stockholders.
The stock dividends were approved by the Board of Directors of ABC
Corporation. In the subsequent year however, the Board again
approved the redemption of all stock dividends and to pay the
shareholdings in cash. Which statement is most accurate?
a. The redemption of the stock dividends can be validly approved
by the Board without any conditions.
b. The redemption of stock dividends may only be allowed if there
are sufficient earnings and should not be violative of the trust
fund doctrine.
c. The redemption of the shares may be taken from the existing
property and other assets of the corporation.
59.
X sold all his shares in AAA Hotel Corporation to Y. X owns 99% of
AAA Hotel Corporation. As the new owner, Y wanted a reorganization of
the hotel which is to include primarily the separation of all existing
employees and the hiring of new employees. Which statement is most
accurate?
a. With the change in ownership, in effect there is a new juridical
entity and therefore all employees are considered separated.
b. Despite the change in shareholder, there is actually no change in
the juridical entity and therefore existing employees can not
automatically be considered separated.
c. Y, as the new shareholder, has the right to retain only those
employees who in his judgment are qualified.
d. For as long as the existing employees are given their separation
pay, they can be terminated.
60.
South China Airlines is a foreign airline company. South China
Airlines tickets are sold in the Philippines though Philippine Airlines as
their general agent. South China Airlines is not registered to do
business as such with the Philippine Securities and Exchange
Commission. Which statement is most accurate?
a. Although unlicensed to do business in the Philippines, South
China Airlines can sue before the Philippine Courts and can also
be sued.
b. South China Airlines can sue but cannot be sued.
c. South China Airlines cannot sue and cannot be sued also.
d. South China Airlines can be sued in Philippine Courts but cannot
sue.
61.
So that ABC Corporation could venture into more projects, it
needed to raise funds by issuing new shares to increase its
capitalization. X, Y, Z, J and G are the five existing shareholders of the
company. They hold 20% each. How will the additional shares be
divided among the existing shareholders?
a. The existing shareholders can subscribe to the new shares
equivalent to their existing shareholdings because the
Corporation Code provides that each of the existing stockholders
will have preemptive rights to the extent of their existing
shareholdings.
b. The existing shareholders' preemptive rights is equivalent to the
percentage that they want.
c. Each of the existing shareholder can exercise their right of first
refusal against each other.
d. Preemptive rights and right of first refusal are one and the same.
62.
If ABC Corporation will increase its authorized capital stock, the
Corporation Code requires a. the approval of the majority of the Board of Directors only.
b. the approval of the majority of the stockholders and the Board of
Directors.
c. the approval of 2/3 of the shareholders of the outstanding capital
stock as well as the approval of the Securities and Exchange
Commission.
d. the approval of the majority of the Board of Directors and
approval of the shareholders holding 2/3 share of the outstanding
capital stock.
63.
X is a minority stockholder of CCC Corporation. Y is a member of
the Board of Directors of CCC Corporation and at the same time he is
the President. X believes that Y is mismanaging CCC Corporation
hence, as a stockholder and in behalf of the other stockholders, he
wanted to sue Y. Which statement is most accurate?
a. X can institute a derivative suit in behalf of himself as a
stockholder.
b. A derivative suit must be instituted in behalf of the corporation.
c. Derivative suit is an exclusive remedy that X can institute.
d. Derivative suit is not the remedy in this situation.
64.
The term GGG Corporation in accordance with its Articles of
Incorporation ended last January 30, 2012. The term was not extended.
What will happen to the corporation?
a. The corporation is dissolved ipso facto.
b. There is a need to pass a board resolution to formally dissolve
the corporation.
c. The Board of Directors must pass a resolution for the corporation
to formally go into liquidation.
d. The stockholders must pass a resolution to dissolve the
corporation.
65.
The term of one (1) year of the Board of Directors of AAA
Corporation expired last February 15, 2012. No new election of the
Board of Directors was called, hence, the existing members of Board
continue as Directors in hold over capacity. Which statement is most

accurate?
a. This is allowed provided there is a valid and justifiable reason for
not calling for an election of the new members of the Board.
b. This is not allowed because the term of the directors must only
be for one (1) year.
c. The positions of the members of the Board of Directors will be
automatically declared vacant.
d. Acting as members of the Board of Directors in a hold over
capacity must be ratified by the stockholders.
66.
AAA Corporation is a foreign corporation that wants to operate a
representative office here in the Philippines. As required by the
Corporation Code, there is a need to appoint a Resident Agent as a
condition precedent to the issuance of a license to transact business in
the Philippines. After two (2) years, AAA Corporation removed its
Resident Agent and did not appoint anyone anymore. Which statement
is the most accurate?
a. This can be a ground for revocation or suspension of its license to
do business.
b. There is no more effect in the license because anyway at the
time of registration, a resident agent was appointed.
c. This can be a ground for suspension only.
d. This will result in automatic revocation of its license to do
business in the Philippines.
67.
The By-laws of ABC Corporation is silent as to when a stockholder
can be qualified to attend the meeting of the stockholders. The
Corporate Secretary sent out the notice of the stockholders meeting
two (2) days before the meeting and at that time X was not yet a
stockholder. On the day of the meeting, however, X became a
shareholder which was duly recorded in the stock and transfer book.
Which statement is most accurate?
a. X is a stockholder of ABC Corporation as of the time of meeting
of the stockholders for the purpose of electing the members of
the board.
b. X is not qualified to elect members of the board because at the
time the notice of the meeting was sent, she was not yet a
stockholder.
c. Qualifications as to who are considered as stockholders on record
for purposes of being able to elect members of the board are to
be determined by the By-laws alone.
68.
X, who is the Executive Vice President of ABC Corporation, a
listed company, can be held liable or guilty of insider trading if, he a. bought shares of ABC Corporation when it was planning to
acquire another company to improve its asset base, the news of
which increased the price of the shares in the Stock Exchange.
b. bought shares of XYC Corporation, a sister company of ABC

Corporation when he learned that XYC Corporation was about to
also list its share in the Philippine Stock Exchange.
c. bought shares of ZZZ Corporation when he learned that ABC
Corporation would acquire ZZZ Corporation.
69.
The purpose of the "Tender Offer" Rule is to a. ensure an even playing field for all shareholders of a company in
terms of opportunity to sell their shareholdings.
b. ensure that minority shareholders in a publicly listed company
are protected in the sense that they will equally have the same
opportunity as the majority shareholders in terms of selling their
shares.
c. ensure that the shareholders who would also want to sell their
shareholdings will have the opportunity for a better price.
70.
Section 38 of The Securities Regulation Code defines an
independent director as a person who must not have a relation with
the corporation which would interfere with his exercise of independent
judgment in carrying out the responsibilities of a director. To ensure
independence therefore, he must be a. nominated and elected by the entire shareholders;
b. nominated and elected by the minority shareholders;
c. nominated and elected by the majority shareholders;
d. appointed by the Board.
71.
"Securities" issued to the public are required by law to be
registered with a. the Bangko Sentral ng Pilipinas;
b. the Philippine Stock Exchange;
c. the Securities and Exchange Commission;
d. the Securities and Exchange Commission and the Philippine
Stock Exchange.
72.
The government agency granted with the power of supervision
and examination over banks and non-bank financial institutions
performing quasi-banking functions, to ensure that the conduct of its
business is on a sound financial basis that will provide continued
solvency and liquidity is a. The Philippine Deposit Insurance Corporation;
b. The Bangko Sentral ng Pilipinas;
c. The Anti-Money Laundering Council;
d. The Securities and Exchange Commission.
73.
X maintains a savings deposit in the amount of Php1 Million with
ABC Bank Corporation. X also has obtained a loan from ABC Bank
Corporation in the amount of Php1 Million. In case of default,
a. ABC Bank can set-off the loan from the savings account being
maintained by X with ABC Bank.
b. Set-off is not possible because legal compensation is not allowed

in banking transaction.
c. Deposit accounts are usually earmarked for specific purpose
hence offsetting is not legally possible.
d. Off -setting is not possible because the obligation of X is a
"simple loan".
74.
XYZ Corporation is engaged in lending funds to small vendors in
various public markets. To fund the lending, XYZ Corporation raised
funds through borrowings from friends and investors. Which statement
is most accurate?
a. XYZ Corporation is a bank.
b. XYZ Corporation is a quasi-bank.
c. XYZ Corporation is an Investment Company.
d. XYZ is none of the above.
75.
XXX Bank Corporation and ZZZ Corporation were merged into XX
ZZ Bank Corporation. So as not to create any unnecessary conflict, all
the former directors of both banks wanted to be appointed /elected as
members of the Board of Directors of the merged bank. Each bank
used to have eleven (11) members of the board. The maximum
number of directors of the merged bank is a. 15;
b. 22;
c. 21;
d. 11.
76.
All senior officers of ABC Bank are entitled to obtain a housing
loan. X is an Executive Vice President for Operations of ABC Bank. She
obtained a housing loan with the ABC Bank. Which statement is most
accurate?
a. The housing loan of X requires a guarantor from somebody who
is not connected with the bank.
b. The housing loan of X requires the approval of the Board of
Directors of the bank.
c. The housing loan of X, being a benefit for employees, does not
require (a) but will require (b).
d. The housing loan of X, being a benefit for employees, will not
require (a) and (b).
77.
ABC Holdings Company, a Hong Kong company, owns 10% of
XYZ Bank. Because of the peace and order situation in the Philippines,
ABC Holding Company wanted to sell its shareholdings in XYZ Bank.
Unfortunately, nobody is interested to buy a 1 0% shareholdings in a
bank. The board of directors of XYZ Bank thought that it would be a
good idea to buy back the shares owned by ABC Holding Company.
Which statement is most acurate?
a. Buying back the shares by XYZ Bank is absolutely not allowed.
b. Buying back the shares may be allowed provided it is with the

approval of the Monetary Board and disposed of within six (6)
months.
c. Buying back the shares may be allowed provided such shares
'will be disposed of within ten (1 0) years.
d. Buying back the shares may be done anytime provided the Board
of Directors will approve the same.
78.
X is being charged for violation of Anti-Graft and Corrupt
Practices because he is suspected of having accumulated unexplained
wealth. X maintains deposit accounts with ABC Bank. The Ombudsman
filed criminal cases against X before the Sandiganbayan. Can the Court
issue subpoenas against ABC Bank to produce all documents
pertaining to all the deposit accounts of X?
a. Yes, because there is already a pending case and provided the
subpoena must be specific as to which account.
b. Yes, it is enough that the specific bank is identified.
c. No, because the issuance of the subpoena has no real legal
basis.
d. Even without a subpoena, information about the deposit
accounts of X can be submitted to the Sandiganbayan because it
will be used in a pending case.
79.
X, a private individual, maintains a dollar deposit with ABC Bank.
X is suspected to be the leader of a Kidnap for Ransom Gang and he is
suspected of depositing all ransom money in said deposit account
which are all in US Dollars. The police want to open said account to
know if there are really deposits in big amounts. Which statement is
most accurate?
a. The same rules under Secrecy of Bank Deposit Act will apply.
b. An approval from the Monetary Board is necessary to open the
account.
c. Because the deposit is in US Dollars, it is covered by the Foreign
Currency Deposit Act which allows disclosure only upon the
written persmission of the depositor.
d. Approval from the Court is necessary to order disclosure of the
account.
80.
X is a depositor of AAA Bank. She has three (3) deposit accounts
all under her name. One, in checking account, one in saving account
and another one in time deposit account. Each account has a balance
of Php250,000. AAA Bank became insolvent. Philippine Deposit
Insurance Corporation closed the Bank. X therefore is unable to
withdraw from all of the accounts. She then filed her claims with the
Philippine Deposit Insurance Corporation. Which statement is most
accurate?
a. X can claim a total of Php500,000 for all the three (3) accounts.
b. X can only claim from one (1) account of Php250,000.
c. X can claim a total of Php750,000 from all the three (3) accounts.
d. X cannot claim anything from any of the deposit accounts.

81.
The Bank Secrecy Law (RA 1405) prohibits disclosing any
information about deposit records of an individual without court order
except a. in an examination to determine gross estate of a decedent.
b. in an investigation for violation of Anti-Graft and Corrupt
Practices.
c. in an investigation by the Ombudsman.
d. in an impeachment proceeding.
82.
X works as a research computer engineer with the Institute of
Computer Technology, a government agency. When not busy with his
work, but during office hours, he developed a software program for law
firms that will allow efficient monitoring of the cases, which software
program is not at all related to his work. Assuming the program is
patentable, who has the right over the patent?
a. x;
b. Institute of Computer Technology;
c. Neither X nor the Institute of Computer Technology can claim
patent right over the invention;
d. X and the employer of X will jointly have the rights over the
patent.
83.
The "test of dominancy" in the Law on Trademarks, is a way to
determine whether there exists an infringement of a trademark by a. determining if the use of the mark has been dominant in the
market.
b. focusing on the similarity of the prevalent features of the
competing marks which might create confusion.
c. looking at the mark whether they are similar in size, form or
color.
d. looking at the mark whether there is one specific feature that is
dominant.
84.
X's painting of Madonna and Child was used by her mother to
print some personalized gift wrapper. As part of her mother's efforts to
raise funds for Bantay Bata, the mother of X sold the wrapper to
friends. Y, an entrepeneur, liked the painting in the wrapper and made
many copies and sold the same through National Bookstore. Which
a. Y can use the painting for his use because this is not a
copyrightable material.
b. X can sue Y for infringement because artistic works are protected
from moment of creation.
c. Works of art need to be copyrighted also to get protection under
the law.
d. Y can use the drawing even though not copyrighted because it is
already a public property having been published already.
85.
Compulsory Licensing of Inventions which are duly patented may
be dispensed with or will be allowed exploitation even without
agreement of the patent owner under certain circumstances, like
national emergency, for reason of public interest, like national security,
etc. The person who can grant such authority is a. the Director General of the Intellectual Property Office;
b. the Director of Legal Affairs of the Intellectual Property Office;
c. the owner of the Patent right;
d. any agent of the owner of the Patent right.
86.
The Fair Use Doctrine allows others to utilize copyrighted works
under certain conditions. The factors to consider whether use is fair or
not would be the purpose and character of the use, nature of the
copyrighted work, amount and substantiality of the portions used, and
what else?
a. effect of the use upon the creator of the work.
b. effect of the use upon the potential market of the work.
c. effect of the use upon the public in general.
d. effect of the use upon the class in which the creator belongs.
87.
Which phrase best completes the statement - A chattel mortgage
can be constituted to secure:
a. obligations both past and future;
b. obligations existing at the time the mortgage is constituted;
c. future obligations only;
d. past obligations only.
88.
Which phrase best completes the statement - A chattel mortgage
can cover:
a. only property described in the deed without exception;
b. can also cover substituted property;
c. properties described in the deed except in case of stock in trade
being a substitute;
d. after acquired property.
89.
Which phrase best completes the statement - The Deed of
Chattel mortgage, if not registered with the Register of Deeds where
debtor resides:
a. is not valid, hence not binding between the mortgagor and the
mortgagee;
b. is binding between the mortgagor and the mortgagee but will not
affect third party;
c. to be valid between the mortgagor and the mortgagee, it must
be coupled with the delivery of the subject matter of the chattel
mortgage;
d. is as if a non-existent chattel mortgage.
90.
Which phrase best completes the statement - To bind third
parties, a chattel mortgage of shares of stock must be registered:
a. with the Register of Deeds where the debtor resides;
b. with the Register of Deeds where the principal office of the

corporation is;
c. in the Stock and Transfer Book of the corporation with the
Corporate Secretary;
d. with the Register of Deeds where the debtor resides and the
principal office of the corporation.
91.
Which phrase best completes the statement - The affidavit of
good faith in a Deed of Chattel Mortgage is:
a. an oath where the parties swear that the mortgage is made for
the purpose of securing the obligations specified and that the
obligation is just and valid;
b. an affidavit, the absence of which will vitiate the mortgage
between the parties;
c. necessary only if the chattel being mortgaged are growing crops;
d. a certification from the mortgagor that he is the mortgagor of the
chattel.
92.
X defaulted in his loan with Y. Y instituted extra-judicial
foreclosure of the property subject of a real estate mortgage that
secured the loan. X has one year within which to redeem the property.
After the foreclosure, X filed an action questioning the validity of the
extrajudicial foreclosure sale. Which statement is most accurate?
a. The one (1) year period within which to redeem will be
interrupted by the filing of an action questioning the validity of
the foreclosure.
b. The one (1) year period will not be interrupted by the filing of the
action.
c. The one (1) year period will be extended for another year
because of the filing of an action questioning the validity of the
foreclosure sale.
d. If the action which questions the validity of the foreclosure
prospers, the period will be interrupted.
93.
What is the effect if the. proceeds in an extra-judicial foreclosure
sale is not sufficient to pay for the obligation?
a. the mortgagee can claim for deficiency judgment from the
debtor.
b. the mortgagee can claim for deficiency judgment from the
mortgagor even though it is a third party mortgage.
c. the mortgagee has no more recourse or claim against the debtor.
d. the mortgagee cannot claim for deficiency judgment from the
debtor because its an extrajudicial foreclosure.
94.
X mortgaged her residential house and lot in favor of ABC Bank.
X defaulted in her loan and so the bank foreclosed the real estate
mortgage on the residential house. Y then bought the residential house
and lot before the expiration of the redemption period. Can Y now take
possession of the property?
a. No, because it is still covered by the redemption period and the

purchaser is not yet entitled as a matter of right to take
possession of the property.
b. Yes, the purchaser is now entitled to the possession of the house.
c. No, because there is a need to talk to X to leave the house.
d. No, because Y was not the one who foreclosed the mortgage on
the property.
95.
Which phrase best completes the statement - When a debt is
secured by a real estate mortgage, upon default of the debtor:
a. the only remedy of the creditor is to foreclose the real estate
mortgage;
b. another remedy is filing an action for collection and then
foreclose if collection is not enough;
c. the creditor can foreclose the mortgage and demand collection
for any deficiency;
96.
XYZ Corporation bought ten (1 0) units of Honda Civic from CCC
Corporation. ABC Bank granted a loan to XYC Corporation which
executed a financing agreement which provided for the principal
amount, the installment payments, the interest rates and the due
dates. On due dates of the installment payments, XYZ Corporation was
asked to pay for some handling charges and other fees which were not
mentioned in the Financing Agreement. Can XYC Corporation refuse to
pay the same?
a. No, because handling charges and other fees are usual in certain
banking transactions.
b. Yes, because ABC Bank is required to provide XYZ Corporation
not only the amount of the monthly installments but also the
details of the finance charges as required by the Truth in Lending
Act.
c. No, because the Finance Agreement is a valid document to
establish the existence of the obligation.
d. Yes, because legally, finance charges are never allowed in any
banking transaction.
97.
Which of the following is an exception to the secrecy of bank
deposits which are in Philippine Pesos, but NOT an exception to the
secrecy of foreign currency deposits?
a. Upon Bangko Sentral ng Pilipinas (SSP) inquiry into or
examination of deposits or investments with any bank, when the
inquiry or examination is made in the course of the SSP's
periodic special examination of said bank to ensure compliance
with the Anti-Money Laundering Act (AMLA);
b. Upon Philippine Deposit Insurance Corporation (PDIC) and SSP
inquiry into and examination of deposit accounts in case there is
a finding of unsafe or unsound banking practice;
c. Upon inquiry in cases of impeachment;
d. Upon inquiry by the Commissioner of Internal Revenue in the

event a taxpayer files an application to compromise his tax
liabilities on the ground of financial incapacity.
98.
The Anti-Money Laundering Law is a law that seeks to prevent
money laundering activities by providing for more transparency in the
Philippine Financial System, hence the following institutions are
covered by the law, except:
a. bank and any financial institutions;
b. pawnshops;
c. casino operators;
99.
For purposes of determining violation of the prov1s1ons of AntiMoney Laundering Law, a transaction is considered as a "Suspicious
Transaction" with "Covered Institutions" regardless of the amount
involved, where which the following circumstances exist/s?
a. the amount involved is not commensurate with the client's
business or financial capacity;
b. there is no underlying legal or trade obligation, purpose or
economic justification;
c. client is not properly identified;
100.
The main feature of the Foreign Investment Act of 1991 is to
introduce the concept of "Negative Lists". Under the said law, what is a
"Negative List"?
a. It is a list of business activities or enterprises in the Philippines
that foreigners are disqualified to engage in.
b. It is a list of business activities or enterprises in the Philippines
that foreigners are qualified to engage in.
c. It is a list of business activities or enterprises that are open to
foreign investments provided it is with the approval of the Board
of Investment.
d. It is a list of business activities or enterprises that are open to
foreign investments provided it is with the approval of the
Securities and Exchange Commission.
WATCHER.
2012
CRIMINAL LAW
21 October 2012
Set B
ESSAY
INSTRUCTIONS
BAR
EXAMINATIONS
10 A.M. - 12 NN.
TYPE
QUESTIONS

legibly.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
THIS PAGE).
MERCANTILE LAW
I
ABC Company filed a Petition for Rehabilitation with the Court. An Order was
issued by the Court, (1) staying enforcement of all claims, whether money or
otherwise against ABC Company, its guarantors and sureties not solidarily
liable with the company; and (2) prohibiting ABC Company from making
payments of its liabilities, outstanding as of the date of the filing of the
Petition. XYC Company is a holder of an irrevocable Standby Letter of Credit
which was previously procured by ABC Company in favor of XYC Company to
secure performance of certain obligations. In the light of the Order issued by
the Court.
a. Can XYC Company still be able to draw on their irrevocable Standby
Letter of Credit when due? Explain your answer. (5%)
b. Explain the nature of Letters of Credit as a financial devise. (5%)
II
CCC Car, Inc. obtained a loan from BBB Bank, which fund was used to import
ten (10) units of Mercedes Benz S class vehicles. Upon arrival of the vehicles
and before release of said vehicles to CCC Car, Inc., X and Y, the President
and Treasurer, respectively, of CCC Car, Inc. signed the Trust Receipt to cover
the value of the ten (10) units of Mercedes Benz S class vehicles after which,
the vehicles were all delivered to the Car display room of CCC Car, Inc. Sale
of the vehicles were slow, and it took a month to dispose of the ten (10)
units. CCC Car, Inc. wanted to be in business and to save on various
documentations required by the bank, decided that instead of turning over
the proceeds of the sales, CCC Car, Inc. used the proceeds to buy another
ten (10) units of BMW 3 series.
a. Is the action of CCC Car, Inc. legally justified? Explain your answer.
(5%)
b. Will the corporate officers of CCC Car, Inc. be held liable under the
circumstances? Explain your answer. (5%)
III
X borrowed money from Y in the amount of Php1Million and as payment,
issued a check. Y then indorsed the check to his sister Z for no consideration.
When Z deposited the check to her account, the check was dishonored for
insufficiency of funds.
a. Is Z a holder in due course? Explain your answer. (5%)
b. Who is liable on the check. The drawer or the indorser? Explain your
answer. (5%)
IV
Indicate and explain whether the promissory note is negotiable or nonnegotiable.
a. I promise to pay A or bearer Php100,000.00 from my inheritance which
I will get after the death of my father. (2%)
b. I promise to pay A or bearer Php100,000 plus the interest rate of ninety
(90) day treasury bills. (2%)
c. I promise to pay A or bearer the sum of Php100,000 if A passes the
2012 bar exams. (2%)
d. I promise to pay A or bearer the sum of Php100.000 on or before
December 30, 2012. (2%)
e. I promise to pay A or bearer the sum of Php100,000. (2%)
V
X borrowed from CCC Bank. She mortgaged her house and lot in favor of the
bank. X insured her house. Tt1e bank also got the house insured.
a. Is this double insurance? Explain your answer. (3%)
b. Is this legally valid? Explain your answer. (3%)
c. In case of damage, can X and CCC Bank separately claim for the
insurance proceeds? (4%)
VI
X is a Filipino immigrant residing in Sacramento, California. Y is a Filipino
residing in Quezon City, Philippines. Z is a resident alien residing in Makati
City. GGG Corporation is a domestic corporation - 40% owned by foreigners
and 60% owned by Filipinos, with T as authorized representative. CCC
Corporation is a foreign corporation registered with the Philippine Securities
and Exchange Commission. KKK Corporation is a domestic corporation
(100%) Filipino owned. S is a Filipino, 16 years of age, arid the daughter of Y.
a. Who can be incorporators? Who can be subscribers? (2%)
b. What are the differences between an incorporator and a subscriber, if
there are any? (2%)
c. Who are qualified to become members of the board of directors of the
corporation? (2%)
d. Who are qualified to act as Treasurer of the company? (2%)
e. Who can be appointed Corporate Secretary? (2%)
VII
X obtained a loan for Php50Million from SSS Bank. The collateral is his
vacation house in Baguio City under a real estate mortgage. X needed more
funds for his business so he again borrowed another Php10Million, this time
from BBB Bank, another bank, using the same collateral. The loan secured
from SSS Bank fell due and X defaulted.
a. If SSS Bank forecloses the real estate mortgage, what rights, if any, are
left with 888 Bank as mo1igagee also? (2%)
b. If the value of the Baguio property is less than the amount of loan,
what would be the recourse of SSS Bank? BBB Bank? (2%)
c. If the value of the property is more that the amount of the loan, who
will benefit from the excess value of the property? (2%)
d. If X defaulted with its loan in favor of BBB Bank but fully paid his loan
with SSS Bank, can BBB Bank foreclose the real mortgage executed in
its favor? (2%)
e. Does X have any legal remedy after the foreclosure in the event that
later on he has the rnoney to pay for the loan? (1%)
f. If SSS Bank and BBB Bank abandon their rights under the real estate
mortgage, is there any legal recourse available to them? (1%)
VIII
X obtained a Php10Million loan from BBB Banking Corporation. The loan is
secured by Real Estate Mortgage on his vacation house in Tagaytay City. The
original Deed of Real Estate Mortgage for the Php10Million was duly
registered. The Deed of Real Estate Mortgage also provides that "The
mortgagor also agrees that this mortgage will secure the payment of
additional loans or credit accommodations that may be granted by the
mortgagee ... " Subsequently, because he needed more funds, he obtained
another Php5Million loan. On due dates of both loans, X failed to pay the
Php5Million but fully paid the Php10Million. BBB Banking Corporation
instituted extrajudicial foreclosure proceedings.
a. Will the extrajudicial foreclosure prosper considering that the additional
Php5Million was not covered by the registration? (5%)
b. What is the meaning of a "dragnet clause" in a Deed of Real Estate
Mortgage? Under what circumstances will the "dragnet clause" be
applicable? ( 5%)
IX
A, B, C, D, E are all duly elected members of the Board of Directors of XYZ
Corporation. F, the general manager, entered into a supply contract with an
American firm. The contract was duly approved by the Board of Directors.
However, with the knowledge and consent of F, no deliveries were made to
the American firm. As a result of the non-delivery of the promised supplies,
the American firm incurred damages. The American firm would like to file a
suit for damages. Can the American firm sue:
a. The members of the Board of Directors individually, because they
approved the transaction? (2%)
b. The corporation? (2%)
c. F, the general manager, personally, because the non-delivery was with

his knowledge and consent? (2%)
d. Explain the rules on liabilities of a corporation for the act of its
corporate officers and the liabilities of the corporate officers and Board
of Directors of a corporation acting in behalf of the corporation. (4%)
X
AAA Corporation is a bank. The operations of AAA Corporation as a bank was
not doing well. So, to avert any bank run, AAA Corporation, with the approval
of the Monetary Board, sold all its assets and liabilities to BBB Banking
Corporation which includes all deposit accounts. In effect then, BBB
Corporation will service all deposits of all depositors of AAA Corporation.
a. Will the sale of all assets and liabilities of AAA Corporation to BBB
Banking Corporation automatically dissolve or terminate the corporate
existence of AAA Corporation? Explain your answer. (5%)
b. What are the legal requirements in order that a corporation may be
dissolved? (5%)
- NOTHING FOLLOWS HAND IN YOUR NOTEBOOK.
WATCHER.
2012
BAR
EXAMINATIONS
TAXATION LAW
14 October 2012
2:00 P.M. - 3:30 P.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
up to 75 contained in TWENTY TWO (22) pages.
Marking Instruction on the Answer Sheet)
Do not explain your answer in the MCQ portion of the exam. You will not earn
credit for that.
sure to transfer your Answer Sheet. Provide ample time to transfer the
answers if you choose to do this.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS TWENTY THREE (23) PAGES
1. Bank A deposit money with Bank B which earns interest that is subjected
to the 20% final withholding tax. At the same time, Bank A is subjected to
the 5% gross receipts tax on its interest income on loan transactions to
customers. Which statement below INCORRECTLY describes the transaction?
a) There is double taxation because two taxes income tax and gross
receipts tax are imposed on the interest incomes described above and
double taxation is prohibited under the 1987 Constitution
b) There is no double taxation because the first tax is income tax, while
the second tax is business tax;
c) There is no double taxation because the income tax is on the
interest income of Bank A on its deposits with Bank B (passive income),
while the gross receipts tax is on the interest income received by Bank
A from loans to its debtor-customers (active income);
d) Income tax on interest income of deposits of Bank A is a direct tax,
while GRT on interest income on loan transaction is an tax.
2. Which of the following statement is NOT correct?
a) In case of doubt, statutes levying taxes are constructed strictly the
government;
b) The construction of a statute made by his predecessors is not
binding upon the successor, if thereafter he becomes satisfied that a
different construction should be given;
c) The reversal of a ruling shall not generally be given retroactive
application, if said reversal will be prejudicial to the taxpayer;
d) A memorandum circular promulgated by the CIR that imposes
penalty for violations of certain rules need not be published in a
newspaper of general circulation or official gazette because it has the
force and effect of law.
3. Which statement below expresses the lifeblood theory?
a) The assessed taxes must be enforced by the government.
b) The underlying basis of taxation is government necessity, for
without taxation, a government can neither exist nor endure;
c) Taxation is an arbitrary method of exaction by those who are in the

seat of power;
d) The power of taxation is an inherent power of the sovereign to
impose burdens upon subjects and objects within its jurisdiction for the
purpose of raising revenues.
4. Which statement is WRONG?
a) The power of taxation may be exercised by the government, its
political subdivisions, and public utilities;
b) Generally, there is no limit on the amount of tax that may be
imposed;
c) The money contributed as tax becomes part of the public funds;
d) The power of tax is subject to certain constitutional limitations.
5. The Philippines adopted the semi-global tax system, which means that:
a) All taxable incomes, regardless of the nature of income, are added
together to arrive at gross income, and all allowable deductions are
deducted from the gross income to arrive at the taxable income;
b) All incomes subject to final withholding taxes liable to income tax
under the schedular tax system, while all ordinary income as well as
income not subject to final withholding tax under the global tax
system;
c) All taxable incomes are subject to final withholding taxes under the
schedular tax system;
d) All taxable incomes from sources within and without the Philippines
are liable to income tax.
6. Income from the performance of services is treated as income from within
the Philippines, if:
a) The payment of compensation for the service is made in the
Philippines;
b) The contract calling for the performance of services is signed in the
Philippines;
c) The service is actually performed in the Philippines;
d) The recipient of service income is a resident of the Philippines.
7. For income tax purposes, the source of the service income is important for
the taxpayer, who is a:
a) Filipino citizen residing in Makati City;
b) Non-resident Filipino citizen working residing in London, United
Kingdom;
c) Japanese citizen who is married to a Filipino citizen and residing in
their family home located Fort Bonifacio, Taguig City;
d) Domestic corporation.
8. Interest income of a domestic commercial bank derived from a peso loan
to a domestic corporation in 2010 is :
a) Subject to the 30% income tax based on its net taxable income;
b) Subject to the 20% final withholding tax;
c) Subject to the 7.5% final withholding tax;
d) Subject to 10% final withholding tax.
9. A resident corporation is one that is:

a) Organized under the laws of the Philippines that does business in
another country;
b) Organized under the laws of a foreign country that sets up a
regional headquarter in the Philippines doing product promotion and
information dissemination;
c) Organized under the laws of the Philippines that engages business in
a special economic zone;
d) Organized under the laws of a foreign country that engages in
business in Makati City, Pihlippines.
10. A dealer in securities sold unlisted shares of stocks of a domestic
corporation in 2010 and derived a gain of P1 Million therefrom. The gain is:
a) Taxable at 30% regular corporate income tax based on net taxable
income;
b) Taxable at 5%/10% capital gains tax based on net capital gain;
c) Taxable at of 1% stock transaction tax based on the gross selling
price or fair market value, whichever is higher
d) Exempt from income tax
11. An individual, who is a real estate dealer, sold a residential lot in Quezon
City at a gain of P100,000.00 (selling price of P900,000.00 and cost is
P800,00.00). The sale is subject to income tax as follows:
a) 6% capital gains tax on the gain;
b) 6% capital gains tax on the gross selling price of fair market value,
whichever is higher;
c) Ordinary income tax at the graduated rates of 5% to 32% of net
taxable income;
d) 30% income tax on net taxable income.
12. During the audit conducted by the BIR official, it was found that the
rental income claimed by the corporation was not subjected to expanded
withholding tax. Accordingly, the claimed rental expense:
a) Is deductible from the gross income of the corporation, despite nonwithholding of income tax by the corporation;
b) Is deductible from the gross income of the corporation, provided
that the 5% expanded withholding tax is paid by the corporation during
the audit;
c) Is not deductible from gross income of the corporation due to nonwithholding of tax;
d) Is deductible, if it can be shown that the lessor has correctly
reported the rental income in his tax return.
13. A resident Filipino citizen (not a dealer in securities) sold shares of stocks
of a domestic corporation that are listed and traded in the Philippine Stock
Exchange.
a) The sale is exempt from income tax but subject to the of 1% stock
transaction tax;
b) The sale is subject to income tax computed at the graduated income
tax rates of 5% to 32% on net taxable income;
c) The sale is subject to the stock transaction tax and income tax;
d) The sale is both exempt from the stock transaction tax and income
tax.
14. The appropriate method of accounting for a contractor on his long-term
construction contract (i.e., it takes more than a year to finish) is:
a) Cash method;
b) Accrual method;
c) Installment sale method;
d) Percentage of completion method.
15. A general professional partnership (GPP) is one:
a) That is registered as such with the Securities and Exchange
Commission and the Bureau of Internal Revenue;
b) That is composed of individuals who exercise a common profession;
c) That exclusively derives income from the practice of the common
profession;
d) That derives professional income and rental income from property
owned by it.
16. The interest expense of a domestic corporation on a bank loan in
connection with the purchase of a production equipment:
a) Is not deductible from gross income of the borrower-corporation;
b) Is deductible from the gross income of the borrower-corporation
during the year or it may be capitalized as part of cost of the
equipment;
c) Is deductible only for a period of five years from date of purchase;
d) Is deductible only if the taxpayer uses the cash method of
accounting.
17. The "all events test" refers to:
a) A person who uses the cash method where all sales have been fully
paid by the buyers thereof;
b) A person who uses the installment sales method, where the full
amount of consideration is paid in full by the buyer thereof within the
year of sale;
c) A person who uses the accrual method, whereby an expense is
deductible for the taxable year in which all the events had occurred
which determined the fact of the liability and the amount thereof could
be determined with reasonable accuracy;
d) A person who uses the completed method, whereby the construction
project has been completed during the year the contract was signed.
18. All the items below are excluded from gross income, except:
a) Gain from sale of long-term bonds, debentures and indebtedness;
b) Value of property received by a person as donation or inheritance;
c) Retirement benefits received from the GSIS, SSS, or accredited
retirement plan;
d) Separation pay received by a retiring employee under a voluntary
retirement program of the corporate employer.
19. Which statement is correct? A non-stock, non-profit charitable association

that sells its idle agricultural property is:
a) Not required to file an income tax return nor pay income tax on the
transaction to the BIR, provided the sales proceeds are invested in
another real estate during the year;
b) Required to pay the 6% capital gains tax on the gross selling price of
fair market value, whichever is higher;
c) Mandated to pay the 30% regular corporate income tax on the gain
from sale;
d) Required to withhold the applicable expanded withholding tax rate
on the transaction and remit the same to the BIR.
20. ABS Corporation is a PEZA-registered export enterprise which
manufactures cameras and sells all its finished products abroad. Which
statement is NOT correct?
a) ABS Corporation is subject to the 5% final tax on gross income
earned, in lieu of all national and local taxes;
b) ABS Corporation is exempt from the 30% corporate income tax on
net income, provided it pays value added tax;
c) ABS Corporation is subject to the 30% corporate income tax on net
income;
d) ABS Corporation is exempt from all national and local taxes, except
real property tax.
21. In May 2010, Mr. And Mrs. Melencio Antonio donated a house and lot with
a fair market value of P10 Million to their sob, Roberto, who is to be married
during the same year to Josefina Angeles. Which statement below is
INCORRECT?
a) There are four (4) donations made two (2) donations are made by
Mr. Melencio Antonio to Roberto and Josefina, and two (2) donations
are made by Mrs. Antonio;
b) The four (4) donations are made by the Spouses Antonio to
members of the family, hence, subject to the graduated donors tax
rates (2%-15%);
c) Two (2) donations are made by the spouses to members of the
family, while two (2) other donations are made to strangers;
d) Two (2) donations made by the spouses to Roberto are entitled to
deduction from the gross gift as donation proper nuptias.
22. While he was traveling with friends, Mr. Jose Francisco, resident Filipino
citizen, died on January 20, 2011 in a California Hospital, USA, leaving
personal and real properties with market values as follows: House and Lot in
Quezon City P10 Million; Cash in bank in California US$10,000.00;
Citibank in New York US$5,000.00; Cash in BPI Makati P4 Million; Car in
Quezon City P1 Million; Shares of stocks of Apple Corporation, US
corporation listed in NY Stock Exchange US$1 = Php50. His gross estate for
the Philippine estate tax purposes shall be:
a) P13 Million;
b) P14 Million;
c) P15 Million;
d) P16 Million.
23. In 2006, Mr. Vicente Tagle, a retiree, bought 10,000 CDA shares that are
unlisted in the local stock exchange for P10 per share. In 2010, the said
shares had a book value per share of P60 per share. In view of a car accident
in 2010, Mr. Vicente Tagle had to sell his CDA shares but he could sell the
same only for P50 per share. The sale is subject to tax as follos:
a) 5%/10% capital gains tax on the capital gain from sale of P40 per
share (P50 selling price less P10 cost);
b) 5%/10% capital gains tax on the capital gain of P50 per share,
arrived at by deducting the cost (P10 per share) from the book value
(P60 per share);
c) 5%/10% capital gains tax on the capital gain from sale of P40 per
share (P50 selling price less P10 cost) plus donors tax on the excess of
the fair market value of the shares over the consideration;
d) Graduated income tax rates of 5% to 32% on the net taxable income
from the sale of the shares.
24. On January 10, 2011, Maria Reyes, single-mother, donated cash in the
amount of P50,000.00 to her daughter Cristina, and on December 20, 2011,
she donated another P50,000.00 to Cristina. Which statement is correct?
a) Maria Reyes is subject to donors tax in 2011 because gross gift is
P100,000.00;
b) Maria Reyes is exempt from donors tax in 2011 because gross gift is
P100,000.00;
c) Maria Reyes is exempt from donors tax in 2011 only to the extent of
P50,000.00;
d) Maria Reyes is exempt from donors tax in 2011 because the donee
is minor.
25. Jose Ramos, single, died of a heart attack on October 10, 2011, leaving a
residential house and lot with a market value of P1.8 Million and cash of
P100,000.00. Funeral expenses paid amounted to P250,000.00
a) His estate will be exempt from estate tax because the net estate is
zero;
b) His estate will be subject to estate tax because net estate is
P1,650,000.00;
c) His estate will be subject to estate tax because net estate is
P1,700,00.00;
d) His estate will be subject to estate tax because net estate is
P800,000.00.
26. Sale of residential house and lot by an official of a domestic corporation
to another official in the same corporation for a consideration of P2.5 Million
in 2011 is:
a) Exempt from VAT because the gross sales do not exceed P2.5
Million;
b) Exempt from VAT because the property sold is a capital asset,
regardless of the gross selling price;
c) Exempt from VAT because the seller is not a person engaged in real
estate business;
d) Taxable at 12% VAT output tax on the gross selling price of P2.5
Million.
27. An importer of flowers from abroad in 2011:
a) Is liable for VAT, if it registers as a VAT person;
b) Is exempt from VAT, because the goods are treated as agricultural
products;
c) Is exempt from VAT, provided that his total importation of flowers
does not exceed P1.5 Million;
d) Is liable for VAT, despite the fact that it did not register as a VAT
person and its total annual sales of flowers do not exceed P1.5 Million.
28. A VAT-registered contractor performed services for his customer in 2010
and billed him P11.2 Million, broken down as follows: P10 Million cost of
services, plus P1.2 Million, 12% VAT. Of the contract price of P10 Million, only
P8 Million plus VAT thereon was received from the customer in 2010, and the
balance of P4 Million plus VAT was received by the contractor in 2011. How
much is the taxable gross receipts of the contractor for 2010, for VAT
purposes?
a) P10 Million, the total cost of services performed in 2010;
b) P8 Million, the amount received from the customer in 2010;
c) P8 Million plus VAT received from the customer in 2010;
d) P11.2 Million, the total cost of services performed plus 12% VAT.
29. MBM Corporation is the owner-operator of movie houses in Cavite. During
the year 2010, it received a total gross receipts of P20 Million from the
operation of movies. It did not register as a VAT person. Which statement
below is correct?
a) MBM Corporation is exempt from the 12% VAT, but liable for the 20%
amusement tax on admissions under the Local Government Code;
b) MBM Corporation is both liable for the 12% VAT and 20%
amusement tax on admissions;
c) MBM Corporation is both exempt from the 12% VAT and 20%
amusement tax on admissions;
d) MBM Corporation is liable for the 12% VAT, but exempt from the 20%
amusement tax on admissions.
30. A pawnshop shall now be treated, for business tax purposes:
a) As a lending investor liable to the 12% VAT on its gross receipts from
interest income and from gross selling price from sale of unclaimed
properties;
b) Not as a lending investor, but liable to the 5% gross receipts tax
imposed on a non-bank financial intermediary under Title VI (Other
Percentage Taxes);
c) As exempt from 12% VAT and 5% gross receipts tax;
d) As liable to the 12% VAT and 5% gross receipts tax.
31. Under the VAT system, there is no cascading because the tax itself is not
again being taxed. However, in determining the tax base on sale of taxable
goods under the VAT system:
a) The professional tax paid by the professional is included in gross
receipts;
b) The other percentage tax (e.g., gross receipts tax) paid by the
taxpayer is included in gross selling price;
c) The excise tax paid by the taxpayer before withdrawal of the goods
from the place of production or from customs custody is included in the
gross selling price;
d) The documentary stamp tax paid by the taxpayer is included in the
gross selling price or gross receipts.
32. Except for one transaction, the rest are exempt from value added tax.
Which one is VAT taxable?
a) Sales of chicken by a restaurant owner who did not register as a VAT
person and whose gross annual sales is P1.2 Million;
b) Sales of copra by a copra dealer to a coconut oil manufacturer who
did not register as a VAT person and whose gross annual sales is P5
Million;
c) Gross receipts of CPA during the year amounted to P1 Million; the
CPA registered as a VAT person in January 2011, before practicing his
profession;
d) Sales of a book store during the year amounted to P10 Million; it did
not register as a VAT person with the BIR.
33. A lessor or real property is exempt from value added tax in one of the
transactions below. Which one is it?
a) Lessor leases commercial stalls located in the Greenhills Commercial
Center to VAT-registered sellers of cell phones; lessors gross rental
during the year amounted to P12 Million;
b) Lessor leases residential apartment units to individual tenants for
P10,000.00 per month per unit; his gross rental income during the year
amounted to P2 Million;
c) Lessor leases commercial stalls at P10,000.00 per stall per month
and residential units at P15,000.00 per unit per month; his gross rental
income during the year amounted to P3 Million;
d) Lessor leases two (2) residential houses and lots at P50,000.00 per
month per unit, but he registered as a VAT person.
34. IBP Bank extended loans to debtors during the year, with real properties
of the debtors being used as collateral to secure the loans. When the debtors
failed to pay the unpaid principal and interests after several demand letters,
the bank foreclosed the same and entered into contracts of lease with
tenants. The bank is subject to the tax as follows:
a) 12% VAT on the rental income, but exempt from the 7% gross
receipts tax;
b) 7% gross receipts tax on the rental income, but exempt from VAT;
c) Liable to both the 12% VAT and 7% gross receipts tax;
d) Exempt from both the 12% VAT and 7% gross receipts tax.
35. Which transaction below is subject to VAT?
a) Sale of vegetables by a farmer in Baguio City to a vegetable dealer;
b) Sale of vegetables by a vegetable dealer in Baguio City to another
vegetable dealer in Quezon City;
c) Sale of vegetables by the QC vegetable dealer to a restaurant in
Manila;
d) Sale of vegetables by the restaurant operator to its customers.
36. Which importation in 2011 is subject to VAT?
a) Importation of fuels by a person engaged in international shipping
worth P20 Million;
b) Importation of raw, unprocessed, refrigerated Kobe beef from Japan
by a beef dealer for sale to hotels in Makati City with a fair market
value of P10 Million;
c) Importation of wines by a wine dealer with a fair market value of P2
million for sale to hotels in Makati City;
d) Importation of books worth P5 Million and school supplies worth P1.2
million.
37. Input tax is available to a VAT-registered buyer, provided that:
a) The seller is a VAT-registered person;
b) The seller issues a VAT invoice or official receipt, which separately
indicates the VAT component;
c) The goods or service is subject to or exempt from VAT, but the sale
is covered by a VAT invoice or receipt issued by VAT-registered person;
d) The name and TIN of the buyer is not stated or shown in the VAT
invoice or receipt
Which statement shown above is NOT correct?
38. Claim for tax credit or refund of excess input tax is available only to:
a) A VAT-registered person whose sales are made to embassies of
foreign governments and United Nations agencies located in the
Philippines without the BIR approval of the application for zero-rating;
b) Any person who has excess input tax arising from local purchases of
taxable goods and services;
c) A VAT-registered person whose sales are made to clients in the
Philippines;
d) A VAT-registered person whose sales are made to customers outside
the Philippines and who issued VAT invoices or receipts with the words
"ZERO RATED SALES" imprinted on the sales invoices or receipts.
39. A hotel operator that is a VAT-registered person and who leases luxury
vehicles to its hotel customers is:
a) Subject to the 3% common carriers tax and 12% VAT;
b) Subject to the 3% common carriers tax only;
c) Subject to the 12% VAT only;
d) Exempt from both the 3% common carriers tax and 12% VAT.
40. Which statement is correct? A bar review center owned and operated by
lawyers is:
a) Exempt from VAT, regardless of its gross receipts during the year
because it is an educational center;
b) Exempt from VAT, provided that its annual gross receipts do not
exceed P1.5 Million in 2011;
c) Subject to VAT, regardless of its gross receipts during the year;
d) Subject to VAT, if it is duly accredited by TESDA.
41. For 2012, input tax is not available as a credit against the output tax of
the buyer of taxable goods or services during the quarter, if:
a) The VAT invoice or receipt of the seller is registered with the BIR;
b) The VAT invoice or receipt of the seller does not separately indicate
the gross selling price or gross receipts and the VAT component
therein;
c) The VAT invoice or receipt is issued in the name of the VATregistered buyer and his TIN is shown in said invoice or receipt;
d) The VAT invoice or receipt issued by the seller shows the Taxpayer
Identification Number plus the word "VAT" or "VAT registered person".
42. The public market vendor below, who is not a VAT-registered person is
liable to VAT in 2010, if:
a) She sells raw chicken and meats and her gross sales during the year
is P2 Million;
b) She sells vegetables and fruits in her stall and her gross sales during
the year is P1 Million;
c) She sells canned goods, processed coconut oils, and cut flowers in
her stall and her gross sales during the year is P2.5 Million;
d) She sells live fish, shrimps, and crabs and her gross sales during the
year is P5 Million.
43. Which statement is FALSE under the VAT law?
a) A VAT-registered person will be subject to VAT for his taxable
transactions, regardless of his gross sales or receipts;
b) A person engaged in trade or business selling taxable goods or
services must register as a VAT person, when his gross sales or
receipts for the year 2011 exceed P1.5 Million;
c) A person who issued a VAT-registered invoice or receipt for a VATexempt transaction is liable to the 12% VAT as a penalty for the wrong
issuance thereof;
d) Once a doctor of medicine exercises his profession during the year,
he needs to register as a VAT person and to issue VAT receipts for
professional fees received.
44. The Commissioner of Internal Revenue may NOT inquire into the bank
deposits of a taxpayer, except:
a) When the taxpayer files a fraudulent return;
b) When the taxpayer offers to compromise the assessed tax based on
erroneous assessment;
c) When the taxpayer offers to compromise the assessed tax based on
financial incapacity to pay and he authorizes the Commissioner in
writing to look into his bank records;
d) When the taxpayer did not file his income tax return for the year.
45. The Commissioner of Internal Revenue issued a BIR ruling to the effect
that the transaction is liable to income tax and value added tax. Upon receipt
of the ruling, a taxpayer does not agree thereto. What is his proper remedy?
a) File a petition for review with the Court of Tax Appeals within thirty
(30) days from receipt thereof;
b) File a motion for reconsideration with the Commissioner of Internal
Revenue;
c) File an appeal to the Secretary of Finance within thirty (30) days
from receipt thereof;
d) File an appeal to the Secretary of Justice within thirty (30) days from
receipt thereof.
46. On April 15, 2011, the Commissioner of Internal Revenue mailed by
registered mail the final assessment notice and the demand letter covering
the calendar year 2007 with the QC Post Office. Which statement is correct?
a) The assessment notice is void because it was mailed beyond the
prescriptive period;
b) The assessment notice is void because it was not received by the
taxpayer within the three-year period from the date of filing of the tax
return;
c) The assessment notice is void if the taxpayer can show that the
same was received only after one (1) month from date of mailing;
d) The assessment notice is valid even if the taxpayer received the
same after the three-year period from the date of filing of the tax
return.
47. A preliminary Assessment Notice (PAN) is NOT required to be issued by
the BIR before issuing a Final Assessment Notice (FAN) on one of the
following cases:
a) When a taxpayer does not pay the 2010 deficiency income tax
liability on or before July 15 of the year;
b) When the finding for any deficiency tax is the result of mathematical
error in the computation of the tax as appearing on the face of the
return;
c) When a discrepancy has been determined between the value added
tax paid and the amount due for the year;
d) When the amount of discrepancy shown in the Letter Notice is not
paid within thirty (30) days from date of receipt.
48. When a protest against the deficiency income tax assessment was
denied by the BIR Regional Director of Quezon City, the appeal to the Court
of Tax Appeals must be filed by a taxpayer:
a) If the amount of basic tax assessed is P100,000.00 or more;
b) If the amount of basic tax assessed is P300,000.00 or more;
c) If the amount of basic tax assessed is P500,000.00 or more;
d) If the amount of basic tax assessed is P1 Million or more;
49. The taxpayer received an assessment notice on April 15, 2011 and filed
its request for reinvestigation against the assessment on April 30, 2011.
Additional documentary evidence in support of its protest was submitted by

it on June 30, 2011. If no denial of the protest was received by the taxpayer,
when is the last day for the filing of its appeal to the CTA?
a) November 30, 2011;
b) December 30, 2011;
c) January 30, 2012;
d) February 28, 2012.
50. Using the same facts in the immediately preceding number, but
assuming that the final decision on the disputed assessment was received by
the taxpayer on July 30, 2011, when is the last day for filing of the appeal to
the CTA?
a) August 30, 2011;
b) September 30, 2011;
c) December 30, 2011;
d) January 30, 2012.
51. Which court has jurisdiction to determine if the warrant of distraint and
levy issued by the BIR is valid and to rule if the waiver of the Statute of
Limitations was validly effected?
a) City Courts;
b) Regional Trial Court;
c) Court of Tax Appeals;
d) Court of Appeals.
52. Which statement below on compromise of tax liability is correct?
a) Compromise of a tax liability is available only at the administrative
level;
b) Compromise of a tax liability is available only before trial at the CTA;
c) Compromise of a tax liability is available even during appeal,
provided that prior leave of court is obtained;
d) Compromise of a tax liability is still available even after the court
decision has become final and executory.
53. In case of full or partial denial of the written claim for refund or excess
input tax directly attributable to zero-rated sales, or the failure on the part of
the Commissioner to act on the application within 120 days from the date of
submission of complete documents, an appeal must be filed with the CTA:
a) Within thirty (30) days after filing the administrative claim with the
BIR;
b) Within sixty (60) days after filing the administrative claim with the
BIR;
c) Within one hundred twenty (120) days after filing the administrative
claim with the BIR;
d) Within thirty (30) days from the receipt of the decision denying the
claim or after the expiration of the 120-day period.
54. The submission of the required documents within sixty (60) days from
the filing of the protest is available only where:
a) The taxpayer previously filed a Motion for Reconsideration with the
BIR official;
b) The taxpayer previously filed a request for reconsideration with the

BIR official;
c) The taxpayer previously filed a request for reinvestigation with the
BIR official;
d) The taxpayer previously filed an extension to file a protest with the
BIR official.
55. The prescriptive period for the collection of the deficiency tax
assessment will be tolled:
a) If the taxpayer files a request for reconsideration with the Asst.
Commissioner;
b) If the taxpayer files a request for reinvestigation that is approved by
the Commissioner of Internal Revenue;
c) If the taxpayer changes his address in the Philippines that is
communicated to the BIR official;
d) If a warrant of levy is served upon the taxpayers real property in
Manila.
56. Which statement is correct? The collection of a deficiency tax
assessment by distraint and levy:
a) May be repeated, if necessary, until the full amount due, including
all expenses, is collected;
b) Must be done successively, first by distraint and then by levy;
c) Automatically covers the bank deposits of a delinquent taxpayer;
d) May be done only once during the taxable year.
57. The prescriptive period to file a criminal action is:
a) Ten (10) years from the date of discovery of the commission of fraud
or non-filing of tax return;
b) Five (5) years from the date of issuance of the final assessment
notice;
c) Three (3) years from the filing of the annual tax return;
d) Five (5) years from the commission of the violation of the law, and if
the same be not known at the time, from the discovery thereof and the
institution of judicial proceedings for its investigation and punishment.
58. The accuseds mere reliance on the representations made by his
accountant, with deliberate refusal or avoidance to verify the contents of his
tax return and to inquire on its authenticity constitutes:
a) Simple negligence;
b) Gross negligence;
c) Willful blindness;
d) Excusable negligence.
59. The acquittal of the accused in the criminal action for the failure to file
income tax return and failure to supply correct information will have the
following consequence:
a) The CTA will automatically exempt the accused from any civil
liability;
b) The CTA will still hold the taxpayer liable for deficiency income tax
liability in all cases, since preponderance of evidence is merely
required for tax cases;
c) The CTA will impose civil or tax liability only if there was a final
assessment notice issued by the BIR against the accused in
accordance with the prescribed procedures for issuing assessments,
which was presented during the trial;
d) The CTA will impose civil or tax liability, provided that a computation
of the tax liability is presented during the trial.
60. X Corporation had excess income tax payment for the year 2008, which it
chose to carry over in 2009. In filing its 2009 corporate income tax return, it
signified its intention (by checking the small box "refund" at the bottom of
the return) to get a refund of the overpaid amount in 2008. Can the refund
be allowed or not, and if disallowed, does X Corporation lose the claimed
amount?
a) X Corporation may not get the refund because the decision to carry
over in 2008 was irrevocable for that year, and it may not change that
decision in succeeding years;
b) X Corporation may not get the refund in 2009, but the amount being
claimed as refund may be utilized in succeeding years until fully
exhausted because there is no prescriptive period for carry over of
excess income tax payments;
c) X Corporation may get the refund, provided that it will no longer
carry over such amount or utilize the same against its income tax
liability in the future;
d) X Corporation may file instead a claim of tax credit, in lieu of refund.
61. Which statement is correct?
a) Legislative acts passed by the municipal council in the exercise of its
lawmaking authority are denominated as resolutions and ordinances;
b) Legislative acts passed by the municipal council in the exercise of its
lawmaking authority are denominated as resolutions;
c) Legislative acts passed by the municipal council in the exercise of its
lawmaking authority are denominated as ordinances;
d) Both ordinances and resolutions are solemn and formal acts.
62. Which of the following statements is NOT a test of a valid ordinance?
a) It must not contravene the Constitution or any statute;
b) It must not be unfair or oppressive;
c) It must not be partial or discriminatory;
d) It may prohibit or regulate trade.
63. Taxing power of local government units shall NOT extend to the following
taxes, except one:
a) Income tax on banks and other financial institutions;
b) Taxes of any kind on the national government, its agencies and
instrumentalities, and local government units;
c) Taxes on agricultural and aquatic products when sold by the
marginal farmers or fishermen;
d) Excise taxes on articles enumerated under the National Internal

Revenue Code.
64. Which statement on prescriptive periods is true?
a) The prescriptive periods to assess taxes in the National Internal
Revenue Code and the Local Government Code are the same;
b) Local taxes shall be assessed within five (5) years from the date
they became due;
c) Action for the collection of local taxes may be instituted after the
expiration of the period to assess and to collect the tax;
d) Local taxes may be assessed within ten (10) years from discovery of
the underpayment of tax which does not constitute fraud.
65. The appraisal, assessment, levy and collection of real property tax shall
be guided by the following principles. Which statement does NOT belong
here?
a) Real property shall be appraised at its current and fair market value;
b) Real property shall be classified for assessment purposes on the
basis of its actual use;
c) Real property shall be assessed on the basis of a uniform
classification within each local political subdivision;
d) The appraisal and assessment of real property shall be based on
audited financial statements of the owner.
66. The Manila International Airport Authority (MIAA) is exempt from real
property tax. Which statement below is NOT correct?
a) MIAA is not a government-owned or controlled corporation because
it is not organized as a stock or non-stock corporation;
b) MIAA is a government instrumentality vested with corporate powers
and performing essential public services;
c) MIAA is not a taxable entity because the real property is owned by
the Republic of the Philippines and the beneficial use of such property
has not been granted to a private entity;
d) MIAA is a government-owned or controlled corporation because it is
required to meet the test of economic viability.
67. For purposes of real property taxes, the tax rates are applied on:
a) Zonal values;
b) Fair market value;
c) Assessed values;
d) Reproduction values.
68. One of the local government units below does NOT have the power to
impose real property tax:
a) Bacoor, Cavite;
b) Davao City;
c) Tarlac Province;
d) Malabon, Metro Manila.
69. Where the real property tax assessment is erroneous, the remedy of the
property owner is:
a) To file a claim for refund in the Court of Tax Appeals if he has paid
the tax, within thirty (30) days from date of payment;
b) To file an appeal with the Provincial Board of Assessment Appeals
within thirty (30) days from receipt of the assessment;
c) To file an appeal with the Provincial Board of Assessment Appeals
within sixty (60) days from receipt of the assessment;
d) To file an appeal with the Provincial Board of Assessment Appeals
within sixty (60) days from receipt of the assessment and playing the
assessed tax under protest.
70. The City Government of Manila may NOT impose:
a) Basic real property tax at 2% of the assessed value of real property;
b) Additional levy on real property for the special education fund at 1%
of the assessed value of real property;
c) Additional ad valorem tax on idle lands at a rate not exceeding 5%
of the assessed value;
d) Special levy on lands within its territory specially benefited by public
works projects or improvements funded by it at 80% of the actual cost
of the projects or improvements.
71. Importation of goods is deemed terminated:
a) When the customs duties are paid, even if the goods remain within
the customs premises;
b) When the goods are released or withdrawn from the customs house
upon payment of the customs duties or with legal permit to withdraw;
c) When the goods enter Philippines territory and remain within the
customs house within thirty (30) days from date of entry;
d) When there is part payment of duties on the imported goods located
in the customs area.
72. A protest against an assessment issued by the Collector of Customs for
unpaid customs duties on imported goods shall be filed with:
a) The Commissioner of Customs;
b) The Regional Trial Court;
c) The Court of Tax Appeals;
d) The Collector of Customs.
73. The dutiable value of an imported article subject to an ad valorem rate of
duty under existing law shall be:
a) The home consumption value;
b) The total value;
c) The total landed cost;
d) The transaction value.
74. The imported articles shall in any case be subject to the regular physical
examination when:
a) The importer disagrees with the findings as contained in the
government surveyors report;
b) The number, weight and nature of packages indicated in the
customs entry declaration and supporting documents differ from that
in the manifest;
c) The container is not leaking or damaged;

d) The shipment is covered by alert/hold orders issued pursuant to an
existing order.
75. Which cases are appealable to the CTA?
a) Decisions of the Secretary of Finance in cases involving liability for
customs duties, seizure, detention or release of property affected;
b) Decisions of the Commissioner of Customs in cases involving liability
for customs duties, seizure, detention or release of property affected;
c) Decisions of the Collector of Customs in cases involving liability for
customs duties, seizure, detention or release of property affected;
d) Decisions of the BIR Commissioner in cases involving liability for
customs duties, seizure, detention or release of property affected.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD
WATCHER.
2012
BAR
EXAMINATIONS
TAXATION LAW
14 October 2012
3:30 P.M.-5 P.M.
Set B
ESSAY
TYPE
QUESTIONS
INSTRUCTIONS
contained in SIX (6) pages.
answer to a sub-question/s under the same number maybe written
legibly.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS SEVEN (7) PAGES
TAXATION LAW
I
Anchor Banking Corporation, which was organized in 2000 and existing under
the laws of the Philippines and owned by the Sy Family of Makati City, set up
in 2010 a branch office in Shanghai City, China, to take advantage of the
presence of many Filipino workers in that area and its booming economy.
During the year, the bank ,management decided not to include the P20
Million net income of the Shanghai Branch in the annual Philippine income
tax return filed with the BIR, which showed a net taxable income of P30
Million , because the Shanghai Branch is treated as a foreign corporation and
is taxed only on income from sources within the Philippines, and since the
loan and other business transactions were done in Shanghai, these incomes
are not taxable in the Philippines.
a) Is the bank correct in excluding the net income of its Shanghai
Branch in the computation of its annual corporate income tax for
2010? Explain your answer. (5%)
b) Should the Shanghai Branch of Anchor Bank remit profit to its Head
Office in the Philippines in 2011, is the branch liable to the 15% branch
profit remittance tax imposed under Section 28 (A)(5) of the 1997 Tax
Code? Explain your answer (5%)
II
Foster Corporation (FC) is a Singapore-based foreign corporation engaged in
construction and installation projects. In 2010, Global Oil Corporation (GOC),
a domestic corpoartion engaged in the refinery of petroleum products,
awarded an anti-pollution project to Foster Corporation, whereby FC shall
design, supply machinery and equipment, and install an anti-pollution device
for GOCs refinery in the Philippines, provided that the installation part of the
project may be sub-contracted to a local construction company. Pursuant to
the contract, the design and supply contracts were done in Singapore by FC,
while the installation works were sub-contracted by the FC with the Philippine
Construction Corporation (PCC), a domestic corporation. The project with a
total cost of P100 Million was completed in 2011 at the following cost
components: (design P20Million; machinery and equipment P50 Million;
and installation P30 Million). Assume that the project was 40% complete in
2010 and 100% complete in 2011, based on the certificates issued by the
certificates issued by the architects and engineers working on the project.
GOC paid FC as follows: P60 Million in 2010 and P40 Million in 2011, and FC
paid PCC ion foreign currency through a Philippine bank as follows: P10
Million in 2010 and P20 Million in 2011.
a) Is FC liable to Philippines income tax, and if so, how much revenue
shall be reported by it in 2010 and in 2011? Explain your answer. (5%)
b) Is PCC, which adopted the percentage of completion method of
reporting income and expenses, liable to value added tax in 2010 and
in 2011. Explain your answer. (5%)
III
Mr. Jose Castillo is a resident Filipino Citizen. He purchased a parcel of land in
Makati City in 1970 at a consideration of P1 Million. In 2011, the land , which
remained undeveloped and idle, had a fair market value of P20Million. Mr.
Antonio Ayala, another Filipino citizen, is very much interested in the
property and he offered to buy the same for P20 Million. The Assessor of
Makati City re-assessed in 2011 the property at P10 Million.
a) When is Mr. Castillo liable for real property tax on the land beginning
2011 or beginning 2012? Explain your answer. (2%)
b) Is Mr. Castillo liable for income tax in 2011 based on the offer to buy
by Mr. Ayala? Explain your answer. (3%)
c) Should Mr. Castillo agree to sell the land to Mr. Ayala in 2012 for P20
Million, subject to the condition as stated in The Deed of Sale that the
buyer shall assume the capital gains tax thereon, how musch is the
income tax due on the transaction and when must the tax return be
filed and the tax be paid by the taxpayer? Explain your answer. (5%)
IV
Mr. Pedro Aguirre, a resident citizen, is working for a large real estate
development company in the country and in 2010, he was promoted to VicePresident of the company. With more responsibilities comes higher pay. In
2011, he decided to buy a new car worth P2 Million and he traded-in his old
car with a market value of P800,000.00 and paid the difference of P1.2
Million to the car company. The old car, which was bought three (3) years
ago by the father of Mr. Pedro Aguirre at price of P700,000.00 was donated
by him and registered in the name of his son. The corresponding donors tax
thereon was duly paid by the father.
a) How much is the cost basis of the old car to Mr. Aguirre? Explain
your answer (2%)
b) What is the nature of the old car capital asset or ordinary asset?
Explain your answer. (3%)
c) Is Mr. Aguirre liable to pay income tax on the gain from the sale of
his old car? Explain your answer. (5%)
V
Spouses Pablo Gonzales and Teresita Gonzales, both resident citizens acquire
during their marriage a residential house and lot located in Makati City,
which is being leased to a tenant for a monthly rental of P100,000.00. Mr.
Pablo Gonzales is the President of PG Corporation and he receives
P50,000.00 salary per month. The spouses have only one (1) minor child. In
late June 2010, he was immediately brought to the hospital because of the
heart attack and he was pronounced dead on June 30, 2010.With no
liabilities, the estate of the late Pablo Gonzales was settled extra-judicially in
early 2011.
a) Is Mr. Pablo Gonzales required to file income tax for 2010? If so, how
much income must he declare for the year? How much personal and
additional exemption is he entitled to? Explain your answer. (5%)
b) Is Mrs. Teresita Gonzales required to file income tax return fot 2010?
If so, how much income must she declare for the year? How much
personal exemption is she entitled to? Explain your answer. (5%)
c) Is the Estate of the late Pablo Gonzales required to file income tax
return for 2010? If so, how much income must it declare for the year?
How much personal exemption is it entitled to? Explain your answer.
(5%)
VI
The BIR issude in 2010 a final assessment notice and demand letter against
X Corporation covering deficiency income tas for the year 2008 in the
amount of P10 Million. X Corporation earlier requested the advice of a lawyer
on whether or not it should file a request for reconsideration or a request for
reinvestigation. The lawyer said it does not matter wheteher the protest files
against the assessment is a request for reconsideration or a request for
reinvestigation, because it has same consequences or implications.
a) What are the differences between a request for reconsideration and
a request for reinvestigation? (5%)
b) Do you agree with the advice of the lawyer? Explain your answer
(5%)
VII
a) May the bank deposits peso and foreign currency of the an individual
taxpayer be disclosed by a commercial bank to the Commissioner of Internal
Revenue, in connection with a tax investigation being conducted by revenue
officials, without violating the relevant bank secrecy laws? Explain your
answer. (5%)
b) In 2011, the Commissioner of the U.S. Internal Revenue Service (IRS)
requested in writing the Commissioner of Internal Reveneu to get the
informatrion from a bank in the Philippines, regarding the deposits of a U.S.
Citizen residing in the Philippines, who is under examiniation by the officials
of the US IRS, pursuant to the US-Philippine Tax Treaty and othert existing
laws. Should the BIR Commissioner agree to obtain such informarion from
the bank and provide the same to the IRS? Explain your answer. (5%)
c) Is the bank secrecy lawq in the Philippines violated when the BIR issues a
Warrant of Garnishment directed against a domestic bank, requiring it not to
allow any withdrawal from any existing bank deposit of he delinquent
taxpayer mentioned in the Warrant and to freeze the same until the tax
delinquency of said taxpayer is settled with the BIR? Explain your answer.
(5%)
VIII
In the examination conducted by the revenue officials against the corporate
taxpayer in 2010, the BIR issued a final assessment notice and demand
letter which states: "It is requested that the above deficiency tax be paid
immediately upon receipt hereof, inclusive of penalties incident to
delinquency. This is our final decision based on investigation. If you disagree,
you may appeal this final decision within thirty (30) days from receipt hereof,
otherwise said deficiency tax assessment shall become final, executory and
demandable." The assessment was immediately appealed by the taxpayer to
the Court of Tax Appeals, without filing its protest against the assessment
and without a denial thereof by the BIR. If you were the judge, would your
deny the petition for review filed by the taxpayer and consider the case as
prematurely filed? Explain your answer (5%)
IX
On April 16, 2012, the corporation filed its annual corporate income tax
return for 2011, showing an overpayment of income tax of P1 Million. Which
is to be carried over to the succeeding year(s). On May 15, 2012, the

corporation sought advice from you and said that it contemplates to file an
amended return for 2011, which shows that instead of carry over of the
execss income tax payment, the same shall be considenred as a claim for tax
refund and the small box shown as "refund" in the return will be filled up.
Withi a year, the corporation will file the formal request for refund for the
excess payment.
a) Will you recommend to the corporation such a course of action and
justify that the amended return is the latest official act of the
corporation as to how it may treat such overpayment of tax or should
you consider the option granted to taxpayers as irrevocable, once
previously exercised by it? Explain your answer. (5%)
b) Should the petition for review filed with the CTA on the basisof the
amended tax return be denied by the BIR and the CTA, could the
corporationstill carry over such excess payment of income tax in the
succeeding years, considering that there is no precriptive period
provided for in the income tax law with respect to carry over of excess
income tax payments? Explain your answer. (5%)
X
Explain the following statements:
a) The acquittal of the taxpayer in a criminal action under the Tax Code
does not necessarily result in a exeoneration of said taxpayer from his
civil liability to pay taxes. (3%)
b) Should the accused be found guilty beyond reasonable doubt for
violation of Section 255 of the Tax Code for failure to file tax return or
to to spply correct information), the imposition of the civil liability by
the CTA should be automatic and no assessment notice from the BIR is
necessary? (2%)
WATCHER.
2012
BAR
EXAMINATIONS
CIVIL LAW
14 October 2012
8:00 A.M. - 10 A.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
You may write on the on the questionnaire and use it as scratch paper but
make sure to transfer your answer to the Answer Sheet. Provide ample time
to transfer the answers if you choose to do this.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
CIVIL LAW
1. Which of the following is NOT included in the attributes of juridical

capacity?
a) Juridical capacity is inherent in every natural person, and therefore it
is not acquired.
b) Juridical capacity is lost only through death.
c) Juridical capacity is the fitness to be the subject of legal relations.
d) Juridical capacity cannot exist without capacity to act.
2. Which of the following is NOT a restriction on ones capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
3. This attribute or incident of a case determine whether it is a conflict-oflaws case or one covered by domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
4. The capacity of an heir to succeed shall be governed by the:
a) national law of the decedents heirs
b) law of the country where the decedent was a resident at the time of
his death
c) national law of the person who died
d) law of the country where the properties of the decedent are located.
5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The
attestation clause of the said will does not contain Bukos signature. It is
valid under Spanish law. At its probate in Manila, it is being opposed on the
ground that the attestation clause does not contain BUKOs signature. Is the
opposition correct? Choose the best answer..
a) Yes, because it is a fatal defect.
b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.
6. Ramon, a Filipino, executed a will in Manila, where he left his house and
located in BP Homes Paraaque in favor of his Filipino son, Ramgen. Ramons
other children RJ and Ramona, both Turkish nationals, are disputing the
bequest to Ramgen. They plotted to kill Ramgen. Ramon learned of the plot,
so he tore his will in two pieces out of anger. Which statement is most
accurate?
a) The mere act of Ramon Sr. is immaterial because the will is still
readable.
b) The mere act of tearing the will amounts to revocation.
c) The tearing of the will may amount to revocation if coupled with
intent of revoking it.
d) The act of tearing the will is material.
7. Even if the applicable law is a foreign law, a count in the Philippines may
be constrained to apply Philippine law under any of the following instances,
except:
a) when the foreign law, judgment or contract is contrary to a sound
and important public policy of the forum;
b) when the property subject of the case is located outside of the
Philippines;
c) when the foreign law or judgment is penal in nature;
d) when the foreign law is procedural in nature.
8. If a will is executed by a testator who was born a Filipino citizen but
became naturalized Japanese citizen at the time of his death, what law will
govern its testamentary provisions if the will is executed in China and the
property being disposed is located in Indonesia?
a) Chinese law
b) Philippine law
c) Indonesia law
d) Japanese law
9. A Japanese national and a Filipino national entered into a contract for
services in Thailand. The services will be rendered in Singapore. In case of
breach, what law will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane (American) executed a joint will in
Canada, where such joint will is valid. In case the joint will is probated in
Japan, what law will govern the formalities of the joint will?
a) American law
b) Philippine law
c) Canadian law
d) Japanese law
11. A French national revokes his will in Japan where he is domiciled. He then
changed his domicile to the Philippines where he died. The revocation of his
will in Japan is valid under Japanese law but invalid under Philippine law. The
affected heir is a Malaysian national residing in the Philippines. What law will
apply?
a) Japanese law
b) Philippine law
c) French law
d) Malaysian law
12. In the absence of contrary stipulation in a marriage settlement, property
relations of Filipino spouses shall be governed by --a) Philippines laws
b) Law of the place where the spouses reside
c) Law of the place where the properties are situated
d) Law of the place where they were married.
13. The will of a Filipino executed in a foreign country --a) cannot be probated in the Philippines;
b) may be probated in the Philippines provided that properties in the
estate are located in the Philippines;
c) cannot be probated before the death of the testator;
d) may be probated in the Philippines provided it was executed in
accordance with the laws of the place where the will was executed.
14. Pedro (Filipino and Bill (American) entered into a contract in Australia,
whereby it was agreed that Pedro will build a commercial building for Bill in
the Philippines, and in payment for the construction, Bill will transfer and
convey his cattle ranch located in Japan in favor of Pedro. In case Pedro
performs his obligation, but Bill fails or refuses to pay, what law will govern?
a) American law
b) Philippine law
c) Australian law
d) Japanese law
(Facts for item numbers 15-18)
In 1989, Charice (Filipina) and Justine (American), were married in the
Philippines. In 1990, they separated and Justine went to Las Vegas
where he obtained a divorce in the same year. He then married
another Filipina, Lea, in Canada on January 1, 1992. They had two (2)
sons, James and John (who were both born in 1992). In 1993, after
failing to hear from Justine, Charice married Bugoy (a Filipino), by
whom she had a daughter, Regine. In 2009, Regine married James (son
of Justine with Lea) in California, where such marriage is valid.
15. What is the current status of the marriage of Charice and Justine under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Dissolved
16. What id the status of the marriage between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage between Regine and James under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts. Princess became pregnant.
Knowing that Ricky is preparing for the examinations, Marforth, a lawyer and
cousin of Princess, threatened Ricky with the filing of a complaint for
immorality in the Supreme Court, thus preventing him from taking
examinations unless he marries Princess. As a consequence of the threat,
Ricky married Princess. Can the marriage be annulled on the ground of
intimidation under Article 45 of the Family Code? Choose the best answer.
a) Yes, because without the threat, Ricky would not have married
Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the
consent of Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage
between Princess and Ricky.
20. Audrey, single, bought a parcel of land in Malolos City from Franco for P
1Million. A contract was executed between them which already vested upon
Audrey full ownership of the property, although payable in monthly
installments for a period of four (4) years. One (1) year after the execution of
the contract, Audrey got married to Arnel. They executed a marriage
settlement whereby they agreed that their properties shall be governed by
the regime of conjugal partnership of gains. Thereafter, subsequent
installments were paid from the conjugal partnership funds. Is the land
conjugal or paraphernal?
a) The land is conjugal because the installments were paid from the
conjugal partnership funds.
b) The land is paraphernal because ownership thereof was acquired
before the marriage.
c) The land is both conjugal and paraphernal funds of installments
were paid from both the personal funds of Audrey and the conjugal
partnership funds.
d) The land is paraphernal because it was Audrey who purchased the
same.
21. Ernesto donated a mobile phone worth P 32,000 to Hubert orally and
delivered the unit to Hubert who accepted. Which statement is most
accurate?
a) The donation is void and Ernesto may get mobile phone back.
b) The donation is void but Ernesto cannot get the mobile phone back.
c) The donation is voidable and may be anulled.
d) The donation is valid.
22. Agay, a Filipino citizen and Topacio, an Australian citizen, got married in
the consular office of the Philippines in Australia. According to the laws of
Australia, a marriage solemnized by a consular official is valid, provided that
such marriage is celebrated in accordance with the laws of such consular
official. Under Philippine law, what is the status of the marriage of Agay and
Topacio? Choose the best answer.
a) Void, because the consular official only has authority to solemnize
marriages between Filipinos.
b) Valid, because according to the laws of Australia, such consular
official has authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the authority of the
consular official to solemnize marriages.
d) Valid, because such marriage is recognized as valid in the place
where it was celebrated.
23. Separation of property between spouses during the marriage may take
place only:
a) by agreement of the spouses.
b) If one of the spouses has given ground for legal separation.
c) Upon order of the court.
d) If one spouse has abandoned the other.
24. The husband may impugn the legitimacy of his child but not on the
ground that:
a) the wife is suspected of infidelity.
b) the husband had a serious illness that prevented him from engaging
in sexual intercourse.
c) they were living apart.
d) he is physically incapable of sexual intercourse.
25. A marriage is void if:
a) solemnized with a marriage license issued without complying with
the required 10-day posting.
b) solemnized by a minister whom the parties believe to have the
authority.
c) between parties both 23 years of age but without parental advice.
d) none of the above
26. In legal separation, which is not correct?
a) The aggrieved spouse may file the action within five (5) years from
the time of the occurrence of the cause.
b) No trial shall be held without the 6-month cooling off period being
observed.
c) The spouses will be entitled to live separately upon the start of the
trial.
d) The prosecuting attorney has to conduct his own investigation.
27. A husband by chance discovered hidden treasure on the paraphernal
property of his wife. Who owns the discovered treasure?
a) The half pertaining to the husband (finder) belongs to the conjugal
partnership.
b) The half pertaining to the wife (as owner) belongs to the conjugal
partnership.
c) One half shall belong to the husband as finder and the other half
shall belong to the wife as owner of the property.
d) a and b
28. Which of the following marriages is void for reasons of public policy?
a) Between brothers and sisters, whether of the full or half blood.
b) Between step-parents and step children.
c) Between parents-in-law and children-in-law.
d) b and c
29. The following constitute the different circumstances or case of fraud
which will serves as ground for the annulment of a marriage, except?
a) Non-disclosure of the previous conviction by final judgment of the
other party of a crime involving moral turpitude.
b) Concealment of a sexually-transmissible disease, regardless of its
nature, existing at the time of the marriage.
c) Concealment of drug addiction, habitual alcoholism, homosexuality
or lesbianism existing at the time of marriage.
d) Concealment by the wife or the husband of the fact of sexual
relations prior to the marriage.
30. Which of the following is not a requisite for a valid donation propter
nuptias?
a) The donation must be made before the celebration of the marriage.
b) The donation shall be automatically revoked in case of noncelebration of the marriage.
c) The donation must be made in consideration of the marriage.
d) The donation must be made in favor of one or both of the future
spouses.
31. Who are illegitimate children?
a) Children conceived or born outside a valid marriage.
b) Children born under a valid marriage, which was later declared void
because of the psychological incapacity of either or both of the
spouses.
c) Children conceived and born outside a valid marriage.
d) Children born under a valid marriage, but the parents later obtained
a legal separation.
32. An illegitimate child may use the surname of his father when his filiation
is established in any of the following instances, except:
a) Filiation has been recognized by the father through the record of
birth appearing in the civil register
b) Admission of filiation by the father in a public document.
c) Private handwritten instrument is made by the father acknowledging
his filiation.
d) Affidavit by the mother stating the name of his true father.
33. Under RA 8043, an adopter is required to be at least ____ years old and
____ years older than the child to be adopted at the time of the application
unless the adopter is the parent by nature of the child.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is any person below _____
years old.
a) 18
b) 21
c) 15
d) 16
35. Which of the following DOES NOT result in permanent termination of
parental authority?
a) Death of the parents.
b) Death of the child.
c) Emancipation of the child.
d) Conviction of the parents of a crime which carries with it the penalty
of civil interdiction.
36. The court, in an action filed for the purpose, may suspend parental
authority if the parent or the person exercising parental authority commits
any of the following acts, except:
a) Treats the child with excessive harshness or cruelty.
b) Gives the child corrupting orders, counsel or example.
c) Compels the child to take up a course in college against his/her will.
d) Subjects the child or allows him to be subjected to acts of
lasciviousness.
37. Which of the following statements is wrong?
a) The possessor in bad faith shall reimburse the fruits received and
those which the legitimate possessor could have received.
b) The possessor in bad faith has right of reimbursement for necessary
expenses and those for the production, gathering and preservation of
the fruits.
c) The possessor in bad faith is not entitled to a refund of ornamental
expenses.
d) The possessor in bad faith is entitled to a refund of useful expenses.
38. Which phrase most accurately completes the statement The expenses
incurred in improvements for the luxury or mere pleasure shall not be
refunded to thew possessor in bad faith:
a) but he may remove the objects for which such expenses have been
incurred, provided that the thing suffers no injury thereby, and that the
lawful possessor does not prefer to retain them.
b) and he may not remove the objects for which such expenses have
been incurred.
c) and he may not remove the objects for which such expenses have
been incurred, unless he pays the value they may have at the time he
entered into possession.
d) but he may remove the objects for which such expenses have been
incurred.
39. The following are the limitations on the right of ownership imposed by
the owner himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
40. A plenary action for the recovery of the possession of real estate, upon
mere allegation and proof of a better right thereto, and without allegation of
proof of title. This action can only be brought after the expiration of one (1)
year. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
41. Action to recover real property based on ownership. Here, the object is
the recovery of the dominion over the property as owner. What action is
being referred to?
42. A summary action to recover physical or material possession only and
must be brought within one (1) year from the time the cause of action arises.
What action is being referred to?
43. The following things are property of public dominion, except:
a) ports and bridges constructed by the State.
b) vehicles and weapons of the Armed Forces of the Philippines.
c) rivers.
d) lands reclaimed by the state from the sea.
a) patrimonial property of the state, when no longer intended for public
use or for public service, shall become property of public dominion.
b) all property of the State, which is not of public dominion, is
patrimonial property.
c) The property of provinces, cities and municipalities is divided into
property for public use and patrimonial property.
d) Property is either of public dominion or of private ownership.
45. The following cannot ask for the reduction of inofficious donation,
except:
a) Creditors of the deceased
b) Devisees or legatees
c) Compulsory heirs of the donor
d) The surviving spouse of the donee.
46. Donation is perfected from the moment ---
a) the donee accepts the donation.

b) the donor executes the deed of donation.
c) the donor knows of the donees acceptance even if the latter has not
received the copy of the deed of donation.
d) the donee confirms that the donor has learned the formers
acceptance.
47. The following are the elements of an obligation, except:
a) Juridical/Legal Tie
b) Active subject
c) Passive subject
d) Consideration
48. It is a conduct that may consist of giving, doing, or not doing something.
a) Obligation
b) Juridical necessity
c) Prestation
d) Contract
49. It is a juridical relation arising from lawful, voluntary and unilateral acts
based on the principle that no one should unjustly enrich himself at the
expense of another.
a) Quasi-contract
b) Quasi-delict
c) Cotract
d) Delict
50. The following are the elements of quasi-delict, except:
a) Act or omission
b) Fault/negligence
c) Damage/injury
d) Pre-existing contract
51. A debtor is liable for damages in case of delay if he is guilty of any of the
following, except:
a) default (mora)
b) mistake
c) negligence (culpa)
d) breach through contravention of the tenor thereof
52. This term refers to a delay on the part of both the debtor and creditor in
reciprocal obligations.
a) Mora accipiendi
b) Mora solvendi
c) Compensation morae
d) Solution indibiti
53. The following are the requisites of mora solvendi, except:
a) Obligation pertains to the debtor and is determinate, due,
demandable, and liquidated.
b) Obligation was performed on its maturity date.
c) There is judicial or extrajudicial demand by the creditor.
d) Failure of the debtor to comply with such demand.
54. It is an international evasion of the faithful performance of the obligation.

a) Negligence
b) Fraud
c) Delay
d) Mistake
55. The following are the requisites of fortuitous event, except:
a) Cause is independent of the will of the debtor.
b) The event is unforeseeable/unavoidable.
c) Occurrence renders it absolutely impossible for the debtor to fulfill
his obligation in a normal manner; impossibility must be absolute not
partial, otherwise not force majeure.
d) Debtor contributed to the aggravation of the injury to the creditor.
56. A debtor may still be held liable for loss or damages even if it was caused
by a fortuitous event in any of the following instances, except:
a) The debtor is guilty of dolo, malice or bad faith, has promised the
same thing to two or more persons who do not have the same interest.
b) The debtor contributed to the loss.
c) The thing to be delivered is generic.
d) The creditor is guilty of fraud, negligence or delay or if he
contravened the tenor of the obligation.
57. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the
amount of P 5,000.00. Suppose Buko paid the obligation, what is his right as
against his co-debtors?
a) Buko cas ask for reimbursement from Fermin and Toti.
b) Buko can sue Fermin and Toti for damages.
c) Buko can sue for rescission.
d) Buko can claim a refund from Ayee.
58. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum of
P 10,000.00. When the obligation became due and demandable, Ayee sued
Buko for the payment of the P 10,000.00. Buko moved to dismiss on the
ground that there was failure to implead Fermin and Toti who are
indispensable parties. Will the motion to dismiss prosper? Why?
a) Yes, because Fermin and Toti should have been impleaded as their
obligation is solidary.
b) No, because the creditor may proceed against any one of the
solidary debtors or some or all of them simultaneously.
c) No, because a motion to dismiss is a prohibited pleading.
d) Yes, because Fermin and Toti should also pay their share of the
obligation.
59. Buko, Fermin and Toti are solidarily debtors of Ayee. Twelve (12) years
after the obligation became due and demandable, Buko paid Ayee and later
on asked for reimbursement of Fermins and Totis shares. Is Buko correct?
Why?
a) No, because the obligation has already prescribed.
b) Yes, because the obligation is solidary.
c) No, because in solidary obligation any one of the solidary debtors

can pay the entire debt.
d) Yes, because Fermin and Toti will be unduly enriched at the expense
of Buko.
60. Buko, Fermin and Toti are solidary debtors under a loan obligation of P
300,000.00 which has fallen due. The creditor has, however, condoned
Fermins entire share in the debt. Since Toti has become insolvent, the
creditor makes a demand on Buko to pay the debt. How much, if any, may
Buko be compelled to pay?
a) P 200.000.00
b) P 300,000.00
c) P 100,000.00
d) P 150,000.00
61. Dina bought a car from Jai and delivered a check in payment of the same.
Has Dina paid the obligation? Why?
a) No, not yet. The delivery of promissory notes payable to order, or
bills of exchange or other mercantile documents shall produce the
effect of payment only when they have been cashed, or when through
the fault of the creditor they have been impaired.
b) Yes, because a check is a valid legal tender of payment.
c) It depends. If the check is a managers check or cashiers check it
will produce the effect of payment. If its an ordinary check, no
payment.
d) Yes, because a check is as good as cash.
62. The following are the requisites of legal compensation, except:
a) That each of the obligors is bound principally and that he be the
same time a principal creditor of the other.
b) That both debts consist in a sum of money, or if the things due are
consumable, they be the same kind, and also of the same quality if the
latter has been stated.
c) That the two (2) debts are not yet due.
d) That they be liquidated and demandable.
63. Which of the following statements is correct?
a) All contracts are perfected by mere consent.
b) All contracts are perfected by delivery of the object.
c) All contracts are required to be in writing.
d) All contracts are required to have a valid consideration.
64. It is a principle which holds that parties are bound not only by what has
been expressly provided for in the contract but also to the natural
consequences that flow out of such agreement.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
65. It is a principle which holds that contracts must be binding to both parties
and its validity and effectivity can never be left to the will of one of the
parties.
66. It refers to the rule that a contract is binding not only between parties
but extends to the heirs, successors in interest, and assignees of the parties,
provided that the contract involved transmissible rights by their nature, or by
stipulation or by law.
67. It is rule which holds that the freedom of the parties to contract includes
the freedom to stipulate, provided the stipulations are not contrary to law,
morals, good customs, public order or public policy.
68. The following are the ways by which innominate contracts are regulated,
except:
a) By the stipulation of the parties.
b) By the general principles of quasi-contracts and delicts
c) By the rules governing the most analogous nominate contracts.
d) By the customs of the place.
69. An offer becomes ineffective on any of the following grounds, except:
a) Death, civil interdiction, insanity/insolvency of either party before
acceptance is conveyed.
b) Acceptance of the offer by the offeree.
c) Qualified/conditional acceptance of the offer, which becomes
counter-offer.
d) Subject matter becomes illegal/impossible before acceptance is
communicated.
70. Which of the following statements is correct?
a) Offers in interrelated contracts are perfected upon consent.
b) Offers in interrelated contracts require a single acceptance.
c) Business advertisements are definite offers that require specific
acceptance.
d) Advertisements for Bidders are only invitations to make proposals
and the advertiser is not bound to accept the highest/lowest bidder,
unless it appears otherwise.
71. The following are solemn contracts (Contracts which must appear in
writing), except:
a) Donations of real estate or of movables if the value exceeds P

5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land through an agent (authority must be in writing).
d) Construction contract of a building.
72. The following are rescissible contracts, except:
a) Entered into by guardian whenever ward suffers damage more than
of value of property.
b) Agreed upon in representation of absentees, if absentee suffers
lesion by more than of value of property.
c) Contracts where fraud is committed on creditor (accion pauliana).
d) Contracts entered into by minors.
73. The following are the requisites before a contract entered into in fraud of
creditors may be rescinded, except:
a) There must be credited existing prior to the celebration of the
contract.
b) There must be fraud, or at least, the intent to commit fraud to the
prejudice of the creditor seeking rescission.
c) The creditor cannot in any legal manner collect his credit (subsidiary
character of rescission)
d) The object of the contract must be legally in the possession of a 3 rd
person in good faith.
74. The following are the characteristics of a voidable contract, except:
a) Effective until set aside.
b) May be assailed/attacked only in an action for that purpose.
c) Can be confirmed or ratified.
d) Can be assailed only by either party.
75. The following are void contracts, except:
a) Pactum commissorium
b) Pactum de non alienando
c) Pactum leonina
d) Pacto de retro
76. The borrower in a contract of loan or mutuum must pay interest to the
lender.
a) If there is an agreement in writing to the effect.
b) As a matter of course.
c) If the amount borrowed is very large.
d) If the lender so demands at the maturity date.
77. The liability of the school, its administrators and teachers, or the
individual, entity or institution engaged in child care over the minor child or
damage caused by the acts or omissions of the unemancipated minor while
under their supervision, instruction or custody shall be:
a) Joint and subsidiary
b) Principal and solidary
c) Principal and joint
d) Subsidiary and solidary.
78. The creditor has the right to the fruits of the thing from the time:
a) the thing is delivered.
b) the obligation to deliver the things arises.
c) the contract is perfected.
d) the fruits are delivered.
79. If one of the parties to the contract is without juridical capacity, the
contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
80. When both parties to the contract are minors, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
81. When the consent of one of the parties was vitiated, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
82. An obligation which is based on equity and natural law is known as:
a) pure
b) quasi-contract
c) civil
d) natural
83. Consent was given by one in representation of another but without
authority. The contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
84. Michael Fermin, without the authority of Pascual Lacas, owner of a car,
sold the same car in the name of Mr. Lacas to Atty. Buko. The contract
between Atty. Buko and Mr. Lacas is --a) void because of the absence of consent from the owner, Mr. Lacas.
b) valid because all of the essential requisites of a contract are
present.
c) unenforceable because Michael Fermin had no authority but he sold
the car in the name of Mr. Lacas, the owner.
d) rescissible because the contract caused lesion to Atty. Buko.
85. Which of the following contracts is void?
a) An oral sale of a parcel of land.
b) A sale of land by an agent in a public instrument where his authority
from the principal is oral.
c) A donation of a wrist watch worth P 4,500.00.
d) A relatively simulated contract.

86. Which of the following expresses a correct principle of law? Choose the
best answer.
a) Failure to disclose facts when there is a duty to reveal them, does
not constitute fraud.
b) Violence or intimidation does not render a contract annullable if
employed not by a contracting party but by a third person.
c) A threat to enforce ones claim through competent authority, if the
claim is legal or just, does not vitiate consent.
d) Absolute simulation of a contract always results in a void contract.
87. Aligada orally offered to sell his two-hectare rice land to Balane for P
10Million. The offer was orally accepted. By agreement, the land was to be
delivered (through execution of a notarized Deed of Sale) and the price was
to be paid exactly one-month from their oral agreement. Which statement is
most accurate?
a) If Aligada refuses to deliver the land on the agreed date despite
payment by Balane, the latter may not successfully sue Aligada
because the contract is oral.
b) If Aligada refused to deliver the land, Balane may successfully sue
for fulfillment of the obligation even if he has not tendered payment of
the purchase price.
c) The contract between the parties is rescissible.
d) The contract between the parties is subject to ratification by the
parties.
a) Creditors are protected in cases of contracts intended to defraud
them.
b) Contracts take effect only between the parties, their assign and
heirs, except in case where the rights and obligations arising from the
contract are not transmissible by their nature, or by stipulation or by
provision of law.
c) If a contract should contain some stipulation in favor of a third
person, he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation.
d) In contracts creating real rights, third persons who come into
possession of the object of the contract are not bound thereby.
89. Which phrase most accurately completes the statement Any third
person who induces another to violate his contract:
a) shall be liable for damages only if he is a party to the same contract.
b) shall be liable for damages to the other contracting party.
c) shall not be liable for damages to the other contracting party.
d) shall not be liable for damages if the parties are in pari delicto.
90. The requisites of succession are as follows, except:
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of successor, designated by decedent or law
d) Payment of Taxes
91. The characteristics of succession are as follows, except:
a) It is a legal contract.
b) Only property, rights and obligations to the extent of the value of
the inheritance are transmitted.
c) The transmission takes place only at the time of death.
d) The transmission takes place either by will or by operation of law.
92. The following rights are extinguished by death, except:
a) Legal support
b) Parental authority
c) Right to inherit
d) Agency
93. The attestation clause contains the following, except:
a) the number of pages used;
b) that the testator signed or caused another to sign the will and every
page thereof in the presence of the instrumental witnesses;
c) notary public;
d) the instrumental witnesses witnessed and signed the will and all the
pages thereof in the presence of the testator and one another.
94. The following are the formalities required in the execution of holographic
will, except:
a) Entirely written;
b) Dated;
c) Signed by testator himself
d) Notarized by a notary public.
95. The following are the grounds for disallowance of wills, except:
a) The formalities required by law have not been complied with.
b) The testator was insane or mentally incapable of making will.
c) The will was executed through force or under duress, or influence of
fear or threats.
d) The will contains an attestation clause.
96. It is the omission in the testators will of one, some or all of the
compulsory heirs in direct line, whether living at the time of execution of the
will or born after the death of the testator. What principle is being referred
to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
97. Any disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person shall be
void. Here, both the condition and the disposition are void. What principle is
being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
98. Which phrase most accurately completes the statement If at the time
the contract of sale is perfected, the thing which is the object of the contract
has been entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without any effect.
c) the seller bears the risk of loss.
d) the buyer may withdraw from the contract.
99. A contract granting a privilege to a person, for which he has paid a
consideration, which gives him the right to buy certain merchandise or
specified property, from another person, at anytime within the agreed
period, at a fixed price. What contract is being referred to?
a) Option Contract
b) Contract to Sell
c) Contract of Sale
d) Lease
100. Which of the following contracts of sale is void?
a) Sale of EGMs car by KRP, EGMs agent, whose authority is not
reduced into writing.
b) Sale of EGMs piece of land by KRP, EGMs agent, whose authority is
not reduced into writing.
c) Sale of EGMs car by KRP, a person stranger to EGM, without EGMs
consent or authority.
d) Sale of EGMs piece of land by KRP, a person stranger to EGM,
without EGMs consent or authority.
WATCHER.
2012
BAR
EXAMINATIONS
CIVIL LAW
14 October 2012
10 A.M.-12 NN.
Set B
ESSAY
TYPE
QUESTIONS
INSTRUCTIONS
legibly.
GOOD LUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
THIS PAGE).
CIVIL LAW
I
a) Roberto was in Nikko Hotel when he bumped into a friend who was then
on her way to a wedding reception being held in said hotel. Roberto alleged
that he was then invited by his friend to join her at the wedding reception
and carried the basket full of fruits which she was bringing to the affair. At
the reception, the wedding coordinator of the hotel noticed him and asked
him, allegedly in a loud voice, to leave as he was not in the guest list. He
retorted that he had been invited to the affair by his friend, who however
denied doing so. Deeply embarrassed by the incident, Roberto then sued the
hotel for damages under Articles 19 and 21 of the Civil Code. Will Robertos
action prosper? Explain. (5%)
b) Ricky donated P 1 Million to the unborn child of his pregnant girlfriend,
which she accepted. After six (6) months of pregnancy, the fetus was born
and baptized as Angela. However, Angela died 20 hours after birth. Ricky
sought to recover the P 1 Million. Is Ricky entitled to recover? Explain. (5%)
II
a) Liwayway Vinzons-Chato was then the Commissioner of Internal Revenue
while Fortune Tobacco Corporation is an entity engaged in the manufacture
of different brands of cigarettes, among which are "Champion," "Hope," and
"More" cigarettes.
Fortune filed a complaint against Vinzons-Chato to recover damages for the
alleged violation of its constitutional rights arising from Vinzons-Chatos
issuance of Revenue Memorandum Circular No. 37-934 (which re-classified
Fortune cigarettes as locally manufactured with foreign brands and thereby
imposed higher taxes), which the Supreme Court later declared invalid.
Vinzons-Chato filed a Motion to Dismiss arguing that she cannot be held
liable for damages for acts she performed while in the discharge of her
duties as BIR Commissioner. Is she correct? Explain. (5%)
b) The petitioner filed a petition for declaration of nullity of marriage based
allegedly on the psychological incapacity of the respondent, but the
psychologist was not able to personally examine the respondent and the
psychological report was based only on the narration of petitioner. Should
the annulment be granted? Explain. (5%)
III
a) Maria, wife of Pedro, withdrew P 5 Million from their conjugal funds. With
this money, she constructed a building on a lot which she inherited from her
father. Is the building conjugal or paraphernal? Reasons. (5%)
b) Cipriano and Lady Miros married each other. Lady Miros then left for the
US and there, she obtained American citizenship. Cipriano later learned all
about this including the fact that Lady Miros has divorced him in America and
that she had remarried there. He then filed a petition for authority to
remarry, invoking Par. 2, Art. 26 of the Family Code. Is Cipriano capacitated
to re-marry by virtue of the divorce decree obtained by his Filipino spouse
who was later naturalized as an American citizen? Explain. (5%)
IV
a) After they got married, Nikki discovered that Christian was having an affair
with another woman. But Nikki decided to give it a try and lived with him for
two (2) years. After two (2) years, Nikki filed an action for legal separation on
the ground of Christians sexual infidelity. Will the action prosper? Explain.
(5%)
b) Honorato filed a petition to adopt his minor illegitimate child Stephanie,
alleging that Stephanies mother is Gemma Astorga Garcia; that Stephanie
has been using her mothers middle name and surname; and that he is now
a widower and qualified to be her adopting parent. He prayed that
Stephanies middle name be changed from "Astorga" to "Garcia," which is
her mothers surname and that her surname "Garcia" be changed to
"Catindig," which is his surname. This the trial court denied. Was the trial
court correct in denying Hororatos request for Stephanies use of her
mothers surname as her middle name? Explain. (5%)
V
a) Spouses Primo and Monina Lim, childless, were entrusted with the custody
of two (2) minor children, the parents of whom were unknown. Eager of
having children of their own, the spouses made it appear that they were the
childrens parents by naming them Michelle P. Lim and Michael Jude Lim.
Subsequently, Monina married Angel Olario after Primos death.
She decided to adopt the children by availing the amnesty given under R.A.
8552 to those individuals who simulated the birth of a child. She filed
separate petitions for the adoption of Michelle, then 25 years old and
Michael, 18. Both Michelle and Michael gave consent to the adoption.
The trial court dismissed the petition and ruled that Monina should have filed
the petition jointly with her new husband. Monina, in a Motion for
Reconsideration argues that mere consent of her husband would suffice and
that joint adoption is not needed, for the adoptees are already emancipated.
Is the trial court correct in dismissing the petitions for adoption? Explain.
(5%)
b) Jambrich, an Austrian, fell in-love and lived together with Descallar and
bought their houses and lots at Agro-Macro Subdivision. In the Contracts to
Sell, Jambrich and Descallar were referred to as the buyers. When the Deed
of Absolute Sale was presented for registration before the Register of Deeds,
it was refused because Jambrich was an alien and could not acquire alienable
lands of the public domain. After Jambrich and Descallar separated, Jambrich
purchased an engine and some accessories for his boat from Borromeo. To
pay for his debt, he sold his rights and interests in the Agro-Macro properties
to Borromeo.
Borromeo discovered that titles to the three (3) lots have been transfereed in
the name of Descallar. Who is the rightful owner of the properties? Explain.
(5%)
VI
a) Siga-an granted a loan to Villanueva in the amount of P 540, 000.00. Such
agreement was not reduced to writing. Siga-an demanded interest which was
paid by Villanueva in cash and checks. The total amount Villanueva paid
accumulated to P 1, 200, 000.00. Upon advice of her lawyer, Villanueva
demanded for the return of the excess amount of P 660, 000.00 which was
ignored by Siga-an.
1) Is the payment of interest valid? Explain. (3%)
2) Is solution indebiti applicable? Explain. (2%)
b) Eulalia was engaged in the business of buying and selling large cattle. In
order to secure the financial capital, she advanced for her employees
(biyaheros). She required them to surrender TCT of their properties and to
execute the corresponding Deeds of Sale in her favor. Domeng Bandong was
not required to post any security but when Eulalia discovered that he
incurred shortage in cattle procurement operation, he was required to
execute a Deed of Sale over a parcel of land in favor of Eulalia. She sold the
property to her grandneice Jocelyn who thereafter instituted an action for
ejectment against the Spouses Bandong.
To assert their right, Spouses Bandong filed an action for annulment of sale
against Eulalia and Jocelyn alleging that there was no sale intended but only
equitable mortgage for the purpose of securing the shortage incurred by
Domeng in the amount of P 70, 000.00 while employed as "biyahero" by
Eulalia. Was the Deed of Sale between Domeng and Eulalia a contract of sale
or an equitable mortgage? Explain. (5%)
VII
a) Natividads holographic will, which had only one (1) substantial provision,
as first written, named Rosa as her sole heir. However, when Gregorio
presented it for probate, it already contained an alteration, naming Gregorio,
instead of Rosa, as sole heir, but without authentication by Natividads
signature. Rosa opposes the probate alleging such lack of proper
authentication. She claims that the unaltered form of the will should be given
effect. Whose claim should be granted? Explain. (5%)
b) John Sagun and Maria Carla Camua, British citizens at birth, acquired
Philippine citizenship by naturalization after their marriage. During their
marriage, the couple acquired substantial landholdings in London and in
Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In one of
their trips to London, the couple executed a joint will appointing each other
as their heirs and providing that upon the death of the survivor between
them, the entire estate would go to Jorge and Luisito only but the two (2)
could not dispose of nor divide the London estate as long as they live. John
and Maria died tragically in the London subway terrorist attack in 2005. Jorge
and Luisito filed a petition for probate of their parents will before a Makati
Regional Trial Court. Joshur vehemently objected because he was preterited.
1) Should the will be admitted to probate? Explain. (2%)
2) Are the testamentary dispositions valid? Explain. (2%)
3) Is the testamentary prohibition against the division of the London
estate valid? Explain. (1%)
VIII
a) Ricky and Arlene are married. They begot Franco during their marriage.
Franco had an illicit relationship with Audrey and out of which, they begot
Arnel. Frnaco predeceased Ricky, Arlene and Arnel. Before Ricky died, he
executed a will which when submitted to probate was opposed by Arnel on
the ground that he should be given the share of his father, Franco. Is the
opposition of Arnel correct? Why? (5%)
b) How can RJP distribute his estate by will, if his heirs are JCP, his wife; HBR
and RVC, his parents; and an illegitimate child, SGO?
IX
a) Does the right to request for the issuance of a writ of possession over a
foreclosed real property prescribe in five (5) years? (5%)
b) A petition for declaration of nullity of a void marriage can only be filed by
either the husband or the wife? Do you agree? Explain your answer. (5%)
X
a) A contract to sell is the same as a conditional contract of sale. Do you
agree? Explain your answer. (5%)
b) A partner cannot demand the return of his share (contribution) during the
existence of a partnership. Do you agree? Explain your answer. (5%)
WATCHER.
2012
BAR
EXAMINATIONS
LABOR LAW
7 October 2012
2:00 P.M. - 3:30 P. M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS
up to 75 contained in TWENTY ONE (21) pages.
Answer each question on the MCQ. Answer Sheet by shading completely the
transfer for the answers if you choose to do this.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS TWENTY TWO (22) PAGES
LABOR LAW
1. The workers worked as cargadores at the warehouse and ricemills of
farm A for several years. As cargadores, they loaded, unloaded and
pilled sacks of rice from the warehouse to the cargo trucks for delivery
to different places. They were paid by Farm A on a piece-rate basis. Are
the workers considered regular employees?
a. Yes, because Farm A paid wages directly to these workers
without the intervention of any third party independent
contractor;
b. Yes, their work is directly related, necessary and vital to the
operations of the farm;
c. No, because Farm A did not have the power to control the
workers with respect to the means and methods by which the
work is to be accomplished;
d. A and B.
2. The following are excluded from the coverage of Book III of the Labor
Code of the Philippines (Conditions of employment) except:
a. Field personnel;
b. Supervisors;
c. Managers;
d. Employees of government-owned and controlled corporations.
3. Work may be performed beyond eight (8) hours a day provided that:
a. Employee is paid for overtime work an additional compensation
wquivalent to his regular wage plus at least 25% thereof;
b. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 30% thereof;
c. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 20% thereof;
4. May the employer and employee stipulate that the latters regular or
basic salary already includes the overtime pay, such that when the
employee actually works overtime he cannot claim overtime pay?
a. Yes, provided there is a clear written agreement knowingly and
freely entered into by the employees;
b. Yes, provided the mathematical result shows that the agreed
legal wage rate and the overtime pay, computed separately, are
equal to or higher than the separate amounts legally due;
c. No, the employer and employee cannot stipulate includes the
overtime pay;
d. A and B.
5. The following are instances where an employer can require an
employee to work overtime, except:
a. In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other
disaster or calamity to prevent loss of life and property, or
imminent danger to public safety;
b. When the country is at war or when other national or local
emergency has been declared by the national assembly or the
chief executive;
c. When there is urgent work to be performed on machines,
installations, or equipment or some other cause of similar nature;
d. Where the completion or contribution of the work started before
the eight hour is necessary to prevent serious obstruction or
prejudice to the business or operations of the employer.
6. Z owns and operates a carinderia. His regular employees are his wife,
his two (2) children, the family maid, a cook, two (2) waiters, a
dishwasher and a janitor. The family driver occasionally works for him
during store hours to make deliveries. On April 09, the dishwasher did
not report for work. The employer did not give his pay for that day. Is
the employer correct?
a. No, because employees have a right to receive their regular daily
wage during regular holidays;
b. Yes, because April 09 is not regular holidays;
c. Yes, because of the principle of "a fair days wage for a fair days
work";
d. Yes, because he employs less than ten (10) employees.
7. For misconduct or improper behavior to be just cause for dismissal, the
following guidelines must be met, except:
a. It must be serious;
b. It must relate to the performance of the employees duties;
c. It should not be used as a subterfuge for causes which are
improper, illegal or unjustified;
d. It must show that the employee has become unfit to continue
working for the employer.
8. The Company lawyer sent a memo to the employee informing him of

the specific charges against him and giving him an opportunity to
explain his side. In a subsequent letter, the employee was informed
that, on the basis of the results of the investigation conducted, his
written explanation, the written explanation of other employees as well
as the audit report, the management has decided to terminate his
employment. The employee contended that his termination was illegal
for lack of procedural due process. Is the employees contention
correct?
a. No, the employees written explanation and written explanation
of the other employees were sufficient basis for the employer to
terminate his employment;
b. Yes, because the employer did not abide by the two-notice rule;
c. Yes, because he was not properly afforded the chance to explain
his side in a conference;
d. No, because the written notice of the cause of dismissal afforded
him ample opportunity to be heard and defend himself, and the
written notice of the decision to terminate him which states the
reasons therefor, complies with the two-notice rule.
9. The Supreme Court categorically declared that separation pay shall be
allowed as a measure of social justice only in those instances where
the employee is validly dismissed for cause other than:
a. Serious Misconduct;
b. Gross and habitual neglect of duties;
c. Willful disobedience to lawful orders;
d. Fraud or willful breach of trust.
10.
K is a legitimate contractor hired by G for six (6) months. On the
third month, G remitted to K the salaries and wages of the employees.
However, K absconded with the money leaving the employees unpaid.
The disgruntled employees demanded from G the payment of their
salaries. Is G liable?
a. No, because G has already remitted the employees salaries to K,
validly excusing G from liablity;
b. Yes, because he is jointly and solidarily liable for whatever
monetary claims the employees may have against K;
c. Yes, because of the principle of "a fair days wage for a fair days
work";
d. B and C.
11.
Corporation X is owned by Ls family. L is the President. M, Ls
wife, occasionally gives loans to employees of Corporation X. It was
customary that loan payment were paid to M by directly deducting
from the employees monthly salary. Is this practice of directly
deducting payments of debts from the employees wages allowed?
a. Yes, because where the employee is indebted to the employer, it
is sanctioned by the law on compensation under Article 1706 of
the Civil Code;
b. Yes, because it has already become customary such that no

express authorization is required;
c. No, because an employees payment of obligation to a third
person is deductible from the employees wages if the deduction
is authorized in writing;
d. No, because Article 116 of the Labor Code absolutely prohibits
the withholding of wages and kickbacks. Article 116 provides for
no exception.
12.
Union X staged a strike in front of Company B because of A CBA
deadlock. During the strike, Company B hired replacement workers.
Upon resuming their employment, the strikers found that Company B
hired replacement workers in their place. Is Company B obliged to
reinstate the returning workers?
a. No, because the strike caused work stoppage;
b. No, because it is a valid exercise of management prerogative;
c. Yes, because workers who go on strike do not lose their
employment status;
d. Yes, because workers are entitled to such retention every time
during a valid strike.
13.
Which of the following is not a valid reason for a strike?
a. There is a bargaining deadlock;
b. There is a prevailing intra-union dispute;
c. The company engaged in unfair labor practice;
d. Theirs is a flagrant violation of CBAs economic provisions.
14.
Iya, 15 years old, signed up to model a clothing brand. She
worked from 9am to 4pm on weekdays and 1pm to 6pm on Saturdays
for two (2) weeks. She was issued a child working permit under RA
9231. Which of the following statements is the most accurate?
a. Working permit for Iyas employment is not required because the
job is not hazardous;
b. Her work period exceeds the required working hours for children
aged 15 years old;
c. To require a 15-year old to work without obtaining the requisite
working permit is a form of child labor;
d. Iya, who was engaged in a work that is not child labor, is a
working child.
15.
Under employees compensation, the so-called "Theory of
Increased Risks" is relevant when:
a. There is a need to categorize a disability as permanent and total;
b. It is not clear as to how an injury was sustained;
c. The ailment or sickness is not classified as an occupational
disease;
d. There is a prima facie finding that the employee had willful
intention to hurt himself.
16.
Which of the frollowing injuries/death is not compensable?
a. Injuries sustained by a technician while at a field trip initiated by

the Union and sponsored by the Company;
b. Injuries received by a jani tor at a Union election meeting;
c. Death of a bank teller because of a bank robbery;
d. Death of a professor who was hit by a van on his way home from
work.
17.
The provisions of the Labor Code on the Working Conditions and
Rest Periods of employees are inapplicable to the following employees,
except :
a. A supervisor in a fast food chain;
b. A family driver;
c. A laborer without any fixed salary, but receving a compensation
depending upon the result of his work;
d. A contractual employee.
18.
Bugay, an employee with only six (6) months of service, was
dismissed due to redundancy. He is, under Art. 283 of the Labor Code,
entitled to a separation pay of:
a. One (1) month pay;
b. One (1) year pay, Art. 283 of the Labor Code being explicit that
"a fraction of at least six (6) months shall be considered one ( 1)
whole year";
c. Six (6) months pay;
d. One (1) year and six (6) months pay, as Art. 4 of the Labor Code
mandates that "(a)ll doubts in the implementation and
interpretation of this Code xxx shall be resolved in favor of
labor".
19.
The power to suspend or cancel a license to recruit employees is
vested on:
a. The Secretary of Labor and Employment;
b. The POEAAdministrator;
c. A and B 'concurrently;
d. Neither of them.
20.
The State shall allow the deployment of overseas Filipino workers
only in countries where the rights of Filipino migrant workers are
protected. Which of the following is not a guarantee, on the part of the
receiving country, for the protection of the rights of OFW's?
a. It has existing labor and social laws protecting the rights of
migrant workers;
b. It promotes and facilitates re-integration of migrants into the
national mainstream;
c. It is a signatory to and/or ratifier of multilateral conventions,
declarations or resolutions relating to the protection of migrant
workers;
d. It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino
workers.
21.
Which is not a procedural requirement for the correction of wage
distortion in an unorganized establishment?
a. Both employer and employee will attempt to correct the
distortion;
b. Settlement of the dispute through National Conciliation and
Mediation Board (NCMB);
c. Settlement of the dispute through voluntary arbitration in case of
failure to resolve dispute through CBA dispute mechanism;
d. A and B.
22.
In what situation is an employer permitted to employ a minor?
a. 16-year old child actor as a cast member in soap opera working 8
hours a day, 6 days a week;
b. A 17-year old in deep sea-fishing;
c. A 17 -year old construction worker;
d. A 17-year old assistant cook in a family restaurant.
23.
The most important factor in determining the existence of an
employer-employee relationship is the:
a. Power to control the method by which employees are hired and
selected;
b. Power to control the manner by which employees are transferred
from one job site to another;
c. Power to control the results achieved by giving guidelines to the
employees;
d. Power to control the results to be achieved and the employee's
method of achieving the task.
24.
A neighbor's gardener comes to you and asks for help because
his employer withheld his salary for two (2) months amounting to
P4,000.00. Where will you advise him to file his complaint?
a. Labor Arbiter;
b. DOLE Regional Director;
c. Conciliator/Mediator;
d. MTC Judge.
25.
What is the nature of the liabilities of the local recruitment
agency and its foreign principal?
a. The local agency is jointly liable with the foreign principal;
severance of relations between the local agent and the foreign
principal dissolves the liability of the local agent recruiter;
b. Local agency is solidarily liable with the foreign principal;
severance of relations between the local agent and the foreign
principal dissolves the liability of the foreign principal. only;
c. Local agency is solidarily liable with the foreign principal;
severance of relations between the local agent and foreign
principal does not affect the liability of the foreign principal;
d. Local agency is jointly liable with the foreign principal; severance
of the relations between the local agent and the foreign principal
does not affect the liability of the local recruiter.
26.
Which phrase is the most accurate to complete the statement - A
private employment agency is any person or entity engaged in the
recruitment and placement of workers:
a. for a fee, which is charged directly from the workers.
b. for a fee, which is charged directly from employers.
c. for a fee, which is charged directly or indirectly from workers,
employers or both.
d. for a fee, which is charged from workers or employers, which
covers both local and overseas employment.
27.
Who has jurisdiction over a money claim instituted by an
overseas Filipino worker?
a. Labor Arbiter;
b. National Labor Relations Commission;
c. Labor Arbiter concurrently with the regular courts.;
d. National Labor Relations Commission concurrently with the
regular courts.
28.
Which of the following is not a valid wage deduction?
a. Where the worker was insured with his consent by the employer,
and the deduction is allowed to recompense the employer for the
amount paid by him as the premium on the insurance;
b. When the wage is subject of execution or attachment, but only
for debts incurred for food, shelter, clothing and medical
attendance;
c. Payment for lost or damaged equipment provided the deduction
does not exceed 25/o of the employee's salary for a week;
d. Union dues.
29.
Is the contractor a necessary party in a case where labor
contracting is the main issue and labor-only contracting is found to
exist?
a. Yes, the contractor is necessary in the full determination of the
case as he is the purported employer of the worker;
b. Yes, no full remedy can be granted and executed without
impleading the purported contractor;
c. No, the contractor becomes a mere agent of the employerprincipal in labor contracting;
d. No, the contractor has no standing in a labor contracting case.
30.
Who among the following is not entitled to 13th month pay?
a. Stephanie, a probationary employee of a cooperative bank who
rendered six (6) months of service during the calendar year
before filing her resignation;
b. Rafael, the secretary of a Senator;
c. Selina, a cook employed by and who lives with an old maid and
who also tends the sari-sari store of the latter;
d. Roger, a house gardener who is required to report to work only
thrice a week.
31.
Which type of employee is entitled to a service incentive leave?
a.
b.
c.
d.
managerial employees;
field personnel;
government workers;
part-time workers.
32.
A wage order may be reviewed on appeal by the National Wages
and Productivity Commission under these grounds, except:
a. grave abuse of discretion;
b. non-conformity with prescribed procedure;
c. questions of law;
d. gross under or over-valuation.
33.
The following may file a Petition for Certification Election, except:
a. The employer;
b. The legitimate labor organization;
c. The Federation on behalf of the chapter;
d. The Workers' Association.
34.
The following are grounds to deny the Petition for Certification
Election, except:
a. The petitioning union is illegitimate or improperly registered;
b. Non-appearance for two consecutive schedules before the MedArbiter by petitioning union;
c. The inclusion of members outside the bargaining unit;
d. Filed within an existing election bar.
35.
In response to Company X's unfair labor practices, a union officer
instructed its members to stop working and walk out of the company
premises. After three (3) hours, they voluntarily returned to work.
Was there a strike and was it a valid activity?
a. Yes, it was a strike; yes, it was a valid activity;
b. Yes, it was a strike; no, it was not a valid activity;
c. No, it was not a strike; yes, it was a valid activity;
d. No, it was not a strike; no, it was not a valid activity.
36.
Which of the following is not considered an employer by the
terms of the Social Security Act?
a. A self-employed person;
b. The government and any of its political subdivisions, branches or
instrumentalities, including corporations owned or controlled by
the government;
c. A natural person, domestic or foreign, who carries on in the
Philippines, any trade, business, industry, undertaking or activity
of any kind and uses the services of another person who is under
his orders as regards the employment;
d. A foreign corporation.
37.
Jennifer, a receptionist at Company X, is covered by the SSS. She
was pregnant with her fourth child when she slipped in the bathroom of
her home and had a miscarriage. Meanwhile, Company X neglected to
remit the required contributions to the SSS. Jennifer claims maternity
leave benefits and sickness benefits. Which of these two may she
claim?
a. None of them;
b. Either one of them;
c. Only maternity leave benefits;
d. Only sickness benefits.
38.
H files for a seven-day paternity leave for the purpose of lending
support to his wife, W, who suffered a miscarriage through intentional
abortion. W also filed for maternity leave for five weeks. H and W are
legally married but the latter is with her parents, which is a few blocks
away from H's house. Which of the following statements is the most
accurate?
a. Paternity leave shall be denied because it does not cover aborted
babies;
b. Paternity leave shall be denied because W is with her parents;
c. Maternity leave shall be denied because it does not cover
aborted babies;
d. Maternity leave shall be denied because grant of paternity leave
bars claim for maternity leave.
39.
Which of the following is not a privilege of a person with
disability under the Magna Carta for disabled persons?
a. At least 20%_ discount on purchase of medicines in all
drugstores;
b. Free transportation in public railways;
c. Educational assistance in public and private schools through
scholarship grants;
d. A and C.
40.
Which of the following is not a regular holiday?
a. New Year's Eve;
b. Eidil Fitr;
c. Father's Day;
d. lndepenaence Day.
41.
Which is a characteristic of a labor-only contractor?
a. Carries an independent business different from the employer's;
b. The principal's liability extends to all rights, duties and liabilities
under labor standards laws including the right to selforganization;
c. No employer-employee relationship;
d. Has sufficient substantial capital or investment in machinery,
tools or equipment directly or intended to be related to the job
contracted.
42.
What is not an element of legitimate contracting?
a. The contract calls for the performance of a specific job, work or
service;
b. It is stipulated that the performance of a specific job, work or
service must be within a definite predetermined period;
c. The performance of specific job, work or service has to be

completed either within or outside the premises of the principal;
d. The principal has control over the performance of a specific job,
work or service.
43.
Which is a characteristic of the learner?
a. A person is hired as a trainee in an industrial occupation;
b. Hired in a highly technical industry;
c. Three (3) months practical on-the-job training with theoretical
instruction;
d. At least 14 years old.
44.
What is not a prerequisite for a valid apprenticeship agreement?
a. Qualifications of an apprentice are met;
b. A duly executed and signed apprenticeship agreement;
c. The apprenticeship program is approved by the Secretary of
Labor;
d. Included in the list of apprenticeable occupation of TESDA.
45.
Which is not a constitutional right of the worker?
a. The right to engage in peaceful concerted activities;
b. The right to enjoy security of tenure;
c. The right to return on investment;
d. The right to receive a living wage.
46.
Employee-employer relationship exists under the following,
except :
a. Jean, a guest relations officer in a nightclub and Joe, the
nightclub owner;
b. Atty. Sin' Cruz, who works part-time as the resident in house
lawyer of X Corporation;
c. Paul, who works as registered agent on commission basis in an
insurance company;
d. Jack and Jill, who work in X Company, an unregistered
Association.
47.
With respect to legitimate independent contracting, an employer
or one who engages the services of a bona fide independent contractor
is a. An indirect employer, by operation of law, of his contractor's
employees; he becomes solidarily liable with the contractor not
only for unpaid wages but also for all the rightful! claims of the
employees under the Labor Code;
b. Treated as direct employer of his contractor's employees in all
instances; he becomes subsidiarily liable with the contractor only
in the event the latter fails to pay the employees' wages and for
violation of labor standard laws;
c. An indirect employer, by operation of law, of his contractor's
employees; he becomes solidarily liable with the contractor only
in the event the latter fails to pay the employees' wages and for
violation of labor standard laws;
d. Treated as direct employer of his contractor's employees in all

instances; the principal becomes solidarily liable with the
contractor not only for unpaid wages but also for all the rightful
claims of the employees under the Labor Code;
48.
Kevin, an employee of House of Sports, filed a complaint with the
DOLE requesting the investigation and inspection of the said
establishment for labor law violations such as underpayment of wages,
non-payment of 13th month pay, non-payment of rest day pay,
overtime pay, holiday pay, and service incentive leave pay. House of
Sports alleges that DOLE has no jurisdiction over the employees'
claims where the aggregate amount of the claims of each employee
exceeds P5,000.00, whether or not accompanied with a claim for
reinstatement. Is the argument of House of Sports tenable?
a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus, the
Labor Arbiter has jurisdiction;
b. No, Article 128 (b) of the Labor Code shall apply, and thus, the
DOLE Regional Director has jurisdiction;
c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary loses
jurisdiction;
d. No, a voluntarily arbitrator has jurisdiction because the matter
involved is a grievable issue.
49.
Which of the following is not compensable as hours worked?
a. Travel away from home;
b. Travel from home to work;
c. Working while on call;
d. Travel that is all in a day's work.
50.
It is defined as any union or association of employees which
exists in whole or in part for the purpose of collective bargaining with
employers concerning terms and conditions of employment.
a. Bargaining representative;
b. Labor organization;
c. Legitimate labor organization;
d. Federation.
51.
This process refers to the submission of the dispute to an
impartial person for determination on the basis of the evidence and
arguments of the parties. The award is enforceable to the disputants.
a. Arbitration;
b. Mediation;
c. Conciliation;
d. Reconciliation.
52.
The Regional Director or his representative may be divested of
his enforcement and visitorial powers under the exception clause of
Article 128 of the Labor Code and, resultantly, jurisdiction may be
vested on the labor arbiter when three (3) elements are present. Which
of the following is not one of the three (3) elements?
a. Employer contests the findings of the labor regulations officers

and raises issues thereon;
b. In order to resolve any issues raised, there is a need to examine
evidentiary matters;
c. The issues raised should have been verifiable during the
inspection;
d. The evidentiary matters are not verifiable in the normal course of
inspection .
53.
In what instances do labor arbiters have jurisdiction over wage
distortion cases?
a. When jurisdiction is invoked by the employer and employees in
organized establishments;
b. When the case is unresolved by Grievance Committee;
c. After the panel of voluntarily arbitrators has made a decision and
the same is contested by either party;
d. In unorganized establishments when the same is not voluntarily
resolved by the parties before the NCMM.
54.
Is a termination dispute a grievable issue?
a. Yes, if the dismissal arose out of the interpretation or
Implementation of the CBA;
b. No, once there's actual termination, the issue is cognizable by a
Labor Arbiter;
c. Yes, it is in the interest of the parties that the dispute be resolved
on the establishment level;
d. No, a voluntary arbitrator must take cognizance once termination
is made effective.
55.
Peter worked for a Norwegian cargo vessel. He worked as a
deckhand, whose primary duty was to assist in the unloading and
loading of cargo and sometimes, assist in cleaning the ship. He signed
a five-year contract starting in 2009. In 2011, Peter's employers began
treating him differently. He was often maltreated and his salary was not
released on time. These were frequently protested to by Peter.
Apparently exasperated by his frequent protestations, Peter's
employer, a once top official in China, suddenly told him that his
services would be terminated as soon as the vessel arrived at the next
port, in Indonesia. Peter had enough money to go back home, and
immediately upon arriving, he filed a money claim with the NLRC
against his former employer's local agent. Will Peter's case prosper?
a. Yes, he is entitled to full reimbursement of his placement fee,
with' interest at 12/o per annum, plus salary for the unexpired
portion of his employment contract or for three (3) months for
every year of the unexpired portion, whichever is higher;
b. Yes, he is entitled to full reimbursement of his placement fee,
with interest at 12% per annum, plus his salary for the unexpired
portion of his employment contract or for three (3) months for
every year of the unexpired portion, whichever is less;
c. Yes, he is entitled to his salaries for the unexpired portion of his

employment contract, plus full reimbursement of his placement
fee with interest at 12/o per annum;
d. Yes, he is entitled to his salaries for three (3) months for every
year of the unexpired portion of his employment contract, plus
full reimbursement of his placement fee with interest at 12/o
per annum.
56.
The following are exempt from the rules on minimum wages,
except:
a. Household or domestic helpers; .
b. Homeworkers engaged in needle work;
c. Workers' in duly registered establishment in the cottage industry;
d. Workers in the duly registered cooperative.
57.
Which of the following is a right and/or condition of membership
in a labor organization?
a. No arbitrary or excessive initiation fees shall be required of the
members of a legitimate labor organization nor shall arbitrary,
excessive or oppressive fine and forfeiture be imposed;
b. The members shall be entitled to full and detailed reports from
their officers and representatives of all financial transactions as
provided for in the constitution and bylaws of the organization;
c. No labor organization shall knowingly admit as members or
continue in membership any individual who belongs to a
subversive organization or who is engaged directly or indirectly
in any subversive activity;
58.
Which phrase most accurately completes the statement Members of cooperatives:
a. can invoke the right to collective bargaining because it is a
fundamental right under the Constitution.
b. can invoke the right to collective bargaining because they are
permitted by law.
c. cannot invoke the right to collective bargaining because each
member is considered an owner.
d. cannot invoke the right to collective bargaining because they are
expressly prohibited by law.
59.
Which of the following is not true in unfair labor practices
committed by an employer?
a. Unfair labor practices cannot be committed unless the union has
been formed and registered;
b. The commission of unfair labor practice requires an employeremployee relationship;
c. The offense of unfair labor practice prescribes in one ( 1) year;
d. The list of unfair labor practices is exclusive.
60.
Which of the following is correct with respect to the extent of the
application of security of tenure?
a. It applies to managerial and to all rank-and-file employees i f not

yet regular, but not to management trainees;
b. It applies to managerial and to all rank-and-file employees
including those under probation;
c. It applies to seasonal and project employees, if they are hired
repeatedly;
d. It applies to all kinds of employees except those employed on a
part-time basis.
61.
Which of the following is not a procedural due process
requirement in the termination of an employee for just cause?
a. A written notice to the employee specifying the grounds for his
termination;
b. A written notice to the DOLE at least thirty (30) days before the
effectivity of termination;
c. A written notice to the employee stating that upon consideration
of the circumstances, grounds have been established to justify
his termination;
d. An opportunity for the employee to present his evidence.
62.
Under current jurisprudence, when the dismissal is for a just or
authorized cause but due process is not observed, the dismissal is said
to be:
a. Void for denial of due process; hence, the employee should be
reinstated;
b. Void for lack. of due process, the employee should be paid full
backwages;
c. Valid, for the dismissal is with just/authorized cause, but the
employer shall be liable for nominal damages;
d. Valid, even if due process is not observed, hence reinstatement
should not be ordered.
63.
What is the quantum of evidence required in labor cases?
a. The degree of proof which produces the conclusion that the
employee is guilty of the offense charged in an unprejudiced
mind;
b. Such amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion;
c. That degree of proof which is greater in weight than the opposing
party's evidence;
d. Such evidence which must be highly and substantially more
probable to be true than not which convinces the trier of facts of
its factuality.
64.
Which of the following statements is the most accurate?
a. Domestic helpers with monthly income of at least P3,000.00 are
compulsory members of the SSS Law;
b. House helpers with monthly income of at least P2,000.00 are
compulsory members of the SSS Law;
c. Domestic helpers, 55 years of age and who worked for at least

five (5) years, are covered by the Retirement Pay Law under
optional retirement, in the absence of a CBA;
d. Domestic helpers in the personal service of another are not
entitled to 13th month pay.
65.
The decision of the Labor Arbiter in a labor dispute case is:
a. immediately executory;
b. requires a writ of execution;
c. is immediately executory insofar as the reinstatement of the
employee is concerned;
d. is stayed by the appeal of the employer and posting of appeal
bond.
66.
Which of the following is cognizable by the Bureau of Labor
Relations Med-Arbiters?
a. Unfair labor practice for violation of the CBA filed by the Workers
Union of Company X against Company X;
b. Claim for back wages filed by overseas contract worker Xena
against her Saudi Arabian employer;
c. Contest for the position of MG Union President brought by Ka Joe,
the losing candidate in the recent union elections;
d. G contesting his removal as Chief Executive Officer of Company
Z.
67.
J refused to comply with his deployment assignment with K, a
manning agency. K filed a complaint against him for breach of contract
before the Philippine Overseas Employment Administration (POEA). The
POEA penalized J with one (1) year suspension from overseas
deployment. On appeal, the suspension was reduced to six (6) months
by the Secretary of Labor. Is the remedy of appeal still available to J
and where should he file his appeal?
a. Yes, he can file an appeal before the Court of Appeals via a
Petition for Certiorari under rule 65;
b. Yes, he can file an appeal before the Supreme Court via a Petition
for Certiorari under Rule 65;
c. Yes, he can file an appeal before the Office of the President since
this is an administrative case;
d. Yes, he can file an appeal before the National Labor Relations
Commission
because
there
is
an
employer-employee
relationship.
68.
R was employed as an instructor of Cruz College located in
Santiago City, lsabela. Pursuant to a stipulation in R's employment
contract that the college has the prerogative to assign R in any of its
branches or tie-up schools as the necessity demands, the college
proposed to transfer him to llagan, a nearby town. R filed a complaint
alleging constructive dismissal since his re-assignment will entail an
indirect reduction of his salary or diminution of pay considering that
additional allowance will not be given to cover for board and lodging
expenses. R, however, failed to prove that allowances were given in

similar instances in the past. Is R's contention that he will suffer
constructive dismissal in view of the alleged diminution of benefit
correct?
a. Yes, such transfer should require an automatic additional
allowance; the non-granting of said allowance amounts to a
diminution of benefit;
b. No, R failed to present evidence that the college committed to
provide the additional allowance or that they were consistently
granting such benefit as to have ripened into a practice which
cannot be peremptorily withdrawn. Hence, there is no violation of
the rule against diminution of pay;
c. No, R's re-assignment did not amount to constructive dismissal
because the college has the right to transfer R based on
contractual stipulation;
d. B and C.
69.
At what particular point does a labor organization acquire a legal
personality?
a. On the date the agreement to organize the un1on is signed by
the majority of all its members;
b. On the date the application for registration is duly filed with the
Department of Labor.;
c. On the date appearing on the Certificate of Registration;
d. On the date. the Certificate of Registration is actually issued.
70.
How many years of service is the underground mine employee
required to have rendered in order to be entitled to retirement
benefits?
a. 5;
b. 10;
c. 15;
d. 20.
71.
What is the prescriptive period of all criminal offenses penalized
under the Labor Code and the Rules Implementing the Labor Code?
a. 3 years;
b. 4 years;
c. 5 years;
d. 10 years.
72.
What is the nature of employment of househelpers?
a. Seasonal;
b. Fixed-term;
c. Regular;
d. Probationary.
73.
The appeal to the NLRC may be entertained only on any of the
following grounds, except:
a. If there is prima facie evidence of abuse of discretion on the part
of the Labor Arbiter;
b. If the decision, order or award was secured through fraud or

coercion, including graft and corruption;
c. If made purely on questions of fact and law;
d. If serious errors in the findings of facts are raised which would
cause grave or irreparable damage or injury to the appellant
74.
The following are unfair labor practices of employers, except:
a. Interrogating its employees in connection with their membership
in the union or their union activities which hampers their exercise
of free choice;
b. The grant of profit-sharing benefits to managers, supervisors and
all rank-and-file employees not covered by the CBA;
c. The cessation of a company's operations shortly after the
organization of a labor union and the resumption of business
barely a month after;
d. Withdrawal by the employer of holiday pay benefits stipulated
under a supplementary agreement with the union.
75.
According to Article 78 of the Labor Code., a handicapped worker
is one whose earning capacity is impaired by the following, except :
a. Age;
b. Physical Deficiency;
c. Mental Deficiency;
d. Psychological Deficiency.
WATCHER.
2012
BAR
EXAMINATIONS
LABOR LAW
7 October 2012
3:30 P.M. - 5 P.M.
Set B
ESSAY
TYPE
QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (1 0) questions (numbered I to X)
contained in SIX (6) pages.
answer to a sub-question/s under the same number n1ay be written
continuously on the san1e page and succeeding pages until completed.
legibly.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
PLEASE CHECK THAT THIS SET CONTAINS SEVEN (7) PAGES
I.
a. Distinguish Labor-Only contracting and Job-Only contracting. (5%)
b. A deadlock in the negotiations for the collective bargaining agreement
between College X and the Union prompted the latter, after duly
notifying the DOLE, to declare a strike on November 5. The strike
totally paralyzed the operations of the school. The Labor Secretary
immediately assumed jurisdiction over the dispute and issued on the
same day (November 5) a return to work order. Upon receipt of the
order, the striking union officers and members, on November 1, filed a
Motion for Reconsideration thereof questioning the Labor Secretary's
assumption of jurisdiction, and continued with the strike during the
pendency of their motion. On November 30, the Labor Secretary
denied the reconsideration of his return to work order and further
noting the strikers' failure to immediately return to work, terminated
their employment. In assailing the Labor Secretary's decision, the
Union contends that:
1. The Labor Secretary erroneously assumed jurisdiction over the
dispute since College X could not be considered an industry
indispensable to national interest;
2. The strikers were under no obligation to immediately comply
with the November 5 return to work order because of their then
pending Motion for Reconsideration of such order; and
3. The strike being legal, the employment of the striking Union
officers and members cannot be terminated. Rule on these
contentions. Explain. (5%)
II.
In the Collective Bargaining Agreement (CBA) between Dana Films and its
rank-and-file Union (which is directly affiliated with MMFF, a national
federation), a provision on the maintenance of membership expressly
provides that the Union can demand the dismissal of any member employee
who commits acts of disloyalty to the Union as provided for in its Constitution
and By-Laws. The same provision contains an undertaking by the Union
(MMFF) to hold Dana Films free from any and all claims of any employee
dismissed. During the term of the CBA, MMFF discovered that certain
employee-members were initiating a move to disaffiliate from MMFF and join
a rival federation, FAMAS. Forthwith, MMFF sought the dismissal of its
employee-members initiating the disaffiliation movement from MMFF to
FAMAS. Dana Films, relying on the provision of the aforementioned CBA,
complied with MMFF's request and dismissed the employees identified by
MMFF as disloyal to it.
a. Will an action for illegal dismissal against Dana Films and MMFF
prosper or not? Why? (5%))
b. What are the liabilities of Dana Films and MMFF to the dismissed
employees, i f any? (5%)
III.
a. On August 01, 2008, Y, a corporation engaged in the manufacture of
textile garments, entered into a collective bargaining agreement with
Union X in representation of the rank and-file employees of the
corporation. The CBA was effective up to June 20, 2011. The contract
had an automatic renewal clause which would allow the agreement
after its expiry date to still apply until both parties would have been
able to execute a new agreement. On May 10, 2011, Union X submitted
to Y's management their proposals for the negotiation of a new CBA.
The next day, Y suspended negotiations with Union X since Y had
entered into a merger with z, a corporation also engaged in the
manufacture of textile garments. Z assumed all the assets and
liabilities of Y. Union X filed a complaint with the Regional Trial Court for
specific performance and damages with a prayer for preliminary
injunction against Y and Z and Z filed a Motion to Dismiss based on
lack of jurisdiction. Rule on the Motion to Dismiss. (5%)
b. X was one of more than one hundred (100) employees who were
terminated from employment due to the closure of Construction
Corporation A. The Cruz family owned Construction Company A. Upon
the closure of Construction Company A, the Cruzes established
Construction Company B. Both corporations had the same president,
the same board of directors, the same corporate officers, and all the
same subscribers. From the General Information Sheet filed by both
companies, it also showed that they shared the same address and/or
premises. . Both companies also hired the same accountant who
prepared the books for both companies.
X and his co-employees amended their Complaint with the Labor
Arbiter to hold Construction Corporation 8 joint and severally liable
with Construction Company A for illegal dismissal, backwages and
separation pay. Construction Company 8 interposed a Motion to
Dismiss contending that they are juridical entities with distinct and
separate personalities from Construction Corporation A and therefore,
they cannot be held jointly and severally liable for the money claims of
workers who are not their employees. Rule on the Motion to Dismiss.
Should it be granted or denied? Why? (5%)
IV.
a. Juicy Bar and Night Club allowed by tolerance fifty (50) Guest Relations
Officers (GROs) to work without compensation in its establishment
under the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M.
everyday, including Sundays and holidays. The GROs, however, were
free to ply their trade elsewhere at anytime, but once they enter the
premises of the night club, they Were required to stay up to closing
time. The GROs earned their keep exclusively from commissions for
food and drinks, and tips from generous customers. In time, the GROs
formed the Solar Ugnayan ng mga Kababaihang lnaapi (SUKI), a labor
union duly registered with DOLE. Subsequently, SUKI filed a petition for
Certification Election in order to be recognized as the exclusive
bargaining agent of its members. Juicy Bar and Night Club opposed the
petition for Certification Election on the singular ground of absence of
employer-employee relationship between the GROs on one hand and
the night club on the other hand. May the GROs form SUKI as a labor
organization for purposes of collective bargaining? Explain briefly. (5%)
b. A spinster school teacher took pity on one of her pupils, a robust and
precocious 12-year old boy whose poor family could barely afford the
cost of his schooling. She lives alone at her house near the School after
her housemaid had left. In the afternoon, she lets the boy do various
chores as cleaning, fetching water and all kinds of errands after school
hours. She gives him rice and P100.00 before the boy goes home at
7:00 every night. The school principal learned about it and charged her
with violating the law which prohibits the employment of children
below 15 years of age. In her defense, the teacher stated that the work
performed by her pupil is not hazardous. Is her defense tenable? Why?
(5%)
V.
The weekly work schedule of a driver is as follows: Monday, Wednesday,
Friday - drive the family car to bring and fetch the children to and from
school. Tuesday, Thursday, Saturday - drive the family van to fetch
merchandise from suppliers and deliver the same to a boutique in a mall
owned by the family.
a. Is the driver a house helper? (5%)
b. The same driver claims that for work performed on Tuesday, Thursday
and Saturday, he should be paid the minimum daily wage of a driver of
a commercial establishment. Is the claim of the driver valid? (5%)
VI.
a. For humanitarian reasons, a bank hired several handicapped workers
to count and sort out currencies. The handicapped workers knew that
the contract was only for a period of six-months and the same period
was provided in their employment contracts. After six months, the
bank terminated their employment on the ground that their contract
has expired. This prompted the workers to file with the Labor Arbiter a
complaint for illegal dismissal. Will their action prosper? Why or why
not? (5%)
b. Mam-manu Aviation Company (Mam-manu) is a new airline company
recruiting flight attendants for its domestic flights. It requires that the
applicant be single, not more than 24 years old, attractive, and familiar
with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. lngga,
23 years old, was accepted as she possesses all the qualifications.
After passing the probationary period, lngga disclosed that she got
married when she was 18 years old but the marriage was already in
the process of being annulled on the ground that her husband was
afflicted with a sexually transmissible disease at the time of the
celebration of their marriage. As a result of this revelation, lngga was
not hired as a regular flight attendant. Consequently, she filed a
complaint against Mam-manu alleging that the pre-employment
qualifications violate relevant provisions of the Labor Code and are
against public policy. Is the contention of lngga tenable? Why? (5%)
VII.
a. Inggu, an electronics technician, worked within the premises of Pit
Stop, an auto accessory shop. He filed a Complaint for illegal dismissal,
overtime pay and other benefits against Pit Stop. Pit Stop refused to
pay his claims on the ground that lnggu was not its employee but was
an independent contractor . . It was common practice for shops like Pit
Stop to collect the service fees from customers and pay the same to
the independent contractors at the end of each week. The auto shop
explained that lnggu was like a partner who worked within its premises,
using parts provided by the shop, but otherwise lnggu was free to
render service in the other auto shops. On the other hand, lnggu
insisted that he still was entitled to the benefits because he was loyal
to Pit Stop, it being a fact that he did not perform work for anyone else.
Is lnggu correct? Explain briefly. (5%)
b. The modes of determining an exclusive bargaining agreement are:
1. voluntary recognition
2. certification election
3. consent election
Explain briefly how they differ from one another. (5%)
VIII.
ABC Tomato Corporation, owned and managed by three (3) elderly brothers
and two (2) sisters, has been in business for 40 years. Due to serious
business losses and financial reverses during the last five (5) years, they
decided to close the business.
a. As counsel for the corporation, what steps will you take prior to its
closure? (3%)
b. Are the employees entitled to separation pay? (2%)
If the reason for the closure is due to old age of the brothers and
sisters:
c. Is the closure allowed by law? (2%)
d. Are the employees entitled to separation benefits? (3%)
IX.
Dennis was a taxi driver who was being paid on the "boundary" system
basis. He worked tirelessly for Cabrera Transport Inc. for fourteen (14) years
until he was eligible for retirement. He was entitled to retirement benefits.
During the entire duration of his service, Dennis was not given his 13th
month pay or his service incentive leave pay.
a. Is Dennis entitled to 13th month pay and service leave incentive pay?
Explain. (5%)
b. Since he was not given his 13th month pay and service incentive leave
pay, should Dennis be paid upon retirement, in addition to the salary
equivalent to fifteen (15) days for every year of service, the additional
2.5 days representing one-twelfth (1/12) of the 13th month pay as well
as the five (5) days representing the service incentive leave for a total
of 22.5 days? Explain. (5%)
X.
a. XYZ Manpower Services (XYZ) was sued by its employees together with
its client, ABC Polyester Manufacturing Company (ABC). ABC is one of
the many clients of XYZ. During the proceedings before the Labor
Arbiter, XYZ was able to prove that it had substantial capital of Three
Million Pesos. The Labor Arbiter ruled in favor of the employees
because it deemed XYZ as a labor only contractor. XYZ was not able to
prove that it had invested in tools, equipment, etc. Is the Labor
Arbiter's ruling valid? Explain. (5%)
b. Does the performance by a contractual employee, supplied by a
legitimate contractor, of activities directly related to the main business
of the principal make him a regular employee of the principal? Explain.
(5%)
WATCHER
2012
BAR
EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
7 October 2012
8:00 A.M. - 10 A.M.
Set A
MULTIPLE
CHOICE
QUESTIONS
(MCQs)
INSTRUCTIONS

GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
1. Constitution is defined by Cooley as:
a. a body of statutory, administrative and political provisions by
which the three branches of government are defined;
b. a body of rules and maxims in accordance with which the powers
of sovereignty are habitually exercised;
c. a body of rules and edicts emanating from the rulings of courts
and written guidelines of the executive and the legislature by
which government is governed;
d. a body of interpretations and rules by which the three branches
of government are judged for purposes of sovereign compliance
with good corporate governance.
2. The three essential parts of a Constitution are:
a. the bill of rights, governmental organization and functions, and
method of amendment;
b. the preamble, the bill of rights, and provisions on checks and
balances;
c. the national territory, the declaration of principles and state
policies, and the transitory provisions;
d. the executive department, the legislative department and the
judiciary.
3. The constitutional provision on initiative and referendum is not selfexecutory. This is so because it requires:
a. an implementing resolution from the COMELEC;
b. an implementing resolution from the Supreme Court;
c. an implementing legislation;
d. an implementing resolution from the party-list representative of
the House of Representatives.
4. In an amendment to the constitution by "initiative and referendum",
the "initiative" phase is meant that the people propose the
amendments. There is a valid proposal when a proposition has
received the approval of:
a. at least 3% of the persons of majority age of each district, and
12% of the registered voters of the region from proposal
emanates;
5.
6.
7.
8.
9.
b. at least 3% of the registered voters of each province and 12% of

the total number of registered voters nationwide;
c. at least 3% of the registered voters of each district and 12% of
the total number of registered voters nationwide;
d. more than 3% of the 3% of the registered voters of each district
but less than 12% of the total number of registered voters
nationwide.
The Constitution declares that the Philippines is a republican state.
Republicanism means:
a. the form of government must be presidential;
b. the representatives of the government are elected by the people;
c. sovereignty resides in the elected representatives of the
government;
d. the form of government cannot be changed by the people.
A chief characteristic of the presidential form of government is:
a. concentration of power in the judiciary thru the power of
expanded judicial review;
b. supremacy of the presidency compared to the totality of powers
of the legislative;
c. regular periodic election of the President for a fixed term;
d. unlimited term for the President for as long as elected by the
people in free and honest elections.
Which of the following best exemplifies how the system of checks and
balances is carried out:
a. the legislature passes a law that prohibits the president from
commuting a judiciary imposed sentence, as a check of the
president;
b. the President pardons a convict as a way to set aside or modify a
judgment of the judiciary;
c. the judiciary overturns a pardon granted by the President as a
check on executions;
d. the President pardons an accused after arraignment in the
interest of justice.
Which phrase best completes the statement The starting point of the
principle of separation of powers is the assumption of the division of
the functions of government into three distinct classes:
a. the bill of rights, state policies, and social justice and human
rights;
b. the accountability of public officers, the constitutional
commissions, and the national economy and patrimony;
c. the self-executing provisions, the non-self-executing provisions,
and the self-evident social justice provisions;
d. the executive, the legislative, and the judicial.
The Constitution provides that the "separation of church and state shall
be inviolable." This is implemented most by the constitutional
principles embodied in:
a.
b.
c.
d.
the free exercise clause;

the non-establishment clause;
the freedom of religious belief clause;
the freedom of religion clause.
10.
Which one of the following is a non-self-executing provision of
the Constitution:
a. no law shall be passed abridging the freedom of speech;
b. no law shall be made respecting an establishment of religion;
c. no person shall be held to answer for a criminal offense without
due process of law;
d. the state shall encourage and support researches and studies on
the arts and culture.
11.
Basic Philippine law, in respect of the modes of acquiring
citizenship, follows the rule(s) of:
a. jus soli and jus sanguinis;
b. naturalization and provides for jus soli;
c. jus sanguinis and provides for naturalization;
d. none of the above.
12.
Dual allegiance by citizen is:
a. inimical to the national interest and is therefore proscribed by
law;
b. inimical to the national interest and is therefore prescribed by
law;
c. inimical to the national interest and therefore shall be dealt with
by law;
d. inimical to the national interest and is therefore outside of
coverage of law.
13.
Margarita was born in 1986 to a Filipino mother and Swedish
father. She has been living and continues to live in the US for the last
20 years and has also been naturalized as a US citizen. She recently
reacquired Philippine citizenship under RA 9225, the Citizenship
Retention and Reacquisition Act of 2003. Can Margarita vote in the
next national elections?
a. Yes. Dual citizens who are not residents may register under the
Overseas Absentee Voting Law.
b. Yes. Margarita is a Filipino citizen and thus may enjoy the right to
suffrage like everyone else without registering as an overseas
absentee voter.
c. No. Margarita fails the residency requirement under Section 1,
Article V of the Constitution for Filipinos.
d. No. Dual citizens upon renunciation of their Filipino citizenship
and acquisition of foreign citizenship, have practically and legally
abandoned their domicile and severed their legal ties to their
homeland as a consequence.
14.
Identify which one is an invalid exercise of the legislative power:
a. legislation by local government on purely local matters;
b. law granting an administrative agency the power to define policy

and fix standards on price control;
c. law authorizing the President, in times of war or other national
emergency, for a limited period, subject to prescribed
restrictions, to exercise powers necessary and proper to carry out
a declared national policy;
d. law authorizing the President to fix, within specific limits, tariff
rates, import and export quotas, and other duties, within the
framework of the national development program of the
government.
15.
Which one of the following theories does not support the valid
delegation of authority by the Congress to an administrative agency:
a. an administrative agency may "fill up the details" of a statute;
b. the legislature may leave to another body the ascertainment of
facts necessary to bring the law into actual operation;
c. an administrative agency has equal expertise with the legislature
in crafting and implementing laws;
d. contingent legislation.
16.
The rule in Article V1, Section 5 (3) of the Constitution that "Each
legislative district shall comprise, as far as practicable, contiguous,
compact and adjacent territory" is a prohibition against:
a. re-apportionment;
b. commandeering of votes;
c. gerrymandering;
d. re-districting.
17.
Article V1, Section 5(3) of the Constitution requires that for a city
to be entitled to have at least one representative, its population shall
be at least:
a. 250,000;
b. 150,000;
c. 100,000;
d. 175,000.
18.
A Senator or Member of the House of Representatives shall be
privileged from arrest while Congress is in session for all offenses
punishable by imprisonment of not more than:
a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.
19.
No Senator or member of the House of Representatives may
personally appear as counsel before:
a. any regional court;
b. any court of justice;
c. any inferior court;
d. any appellate court.
20.
Which of the following can be changed by an ordinary law
enacted by Congress?
a. Commencement of the term of office of Senators;
b. Date of regular election for President and Vice Presidential;
c. Authority to transfer appropriation;
d. Regular election of the members of Congress.
21.
Congress shall have the sole power to declare the existence of a
state of war by vote of:
a. three-fourths of both Houses in joint session assembled, voting
jointly;
b. two-thirds of both Houses in joint session assembled, voting
jointly;
c. two-thirds of both Houses in separate session assembled, voting
jointly;
d. two-thirds of both Houses in joint session, voting separately.
22.
If by the end of any fiscal year, the Congress shall have failed to
pass the general appropriations bill for the ensuring fiscal year, the
general appropriations law for the preceding fiscal year shall be
deemed:
a. referred;
b. unacted;
c. refilled;
d. re-enacted.
23.
Provisions unrelated to an appropriation bill are considered
prohibited. These are called:
a. interlopers;
b. riders;
c. outriggers;
d. add-ons.
24.
The requirement that "Every bill shall embrace only one subject
which shall be expressed in the title thereof" prevents:
a. rollercoaster legislation;
b. log-rolling legislation;
c. rolling fields legislation;
d. loggerhead legislation.
25.
The power of the President to veto any particular part in an
appropriation revenue, or tariff bill, is called the:
a. specific veto;
b. revenue veto;
c. item veto;
d. monetary veto.
26.
A tax is progressive when:
a. the rate fluctuates as the tax base decreases;
b. the rate increases as the tax base remains the same;
c. the rate increases as the tax base increases;
d. the rate decreases as the tax base increases.
27.
When the Supreme Court sits en banc, cases are decided by the
concurrence of a majority of the members who:
a. actually sent in memos on matters for deliberation and called in
their votes thereon;
b. actually participated in the oral arguments and voted thereon;
c. actually took part in the deliberations on the issues in the case
and voted thereon;
d. actually took part in the voting thereon and took notes on the
actual deliberations.
28.
When the Supreme Court sits in division, cases can be decided
by as few as a minimum of:
a. three votes;
b. four votes;
c. five votes;
d. six votes.
29.
A person who has a personal and substantial interest in the case,
such that he has sustained, or will sustain, direct injury as a result of its
enforcement is considered to have:
a. understanding to challenge the governmental act;
b. standing to challenge the governmental act;
c. opportunity to challenge the governmental act;
d. familiarity to challenge the governmental act.
30.
Congressman Sugar Oll authored a bill called House Bill No, 0056
which legalizes jueteng. When the Bill became law (RA 10156), Fr. Nosu
Gal, a priest, filed a petition seeking for the nullification of RA 10156 on
the ground that it is unconstitutional as it violates Section 13, Article II,
of the 1987 Constitution which states that "The state recognizes the
vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being". Fr.
Gal filed the petition as a concerned citizen and as taxpayer. Does Fr.
Gal have locus standi?
a. No, because Fr. Gal has no personal and substantial interest that
will be prejudiced by the implementation of the law;
b. No, the law concerns neither citizens nor expenditure of public
funds;
c. Yes, because the issue is of transcendental importance;
d. Yes, because as priest, Fr. Gal has special interest in the wellbeing of the youth.
31.
Where there is "the impossibility of a courts undertaking
independent resolution without expressing lack of the respect due
coordinate branches of government; or an unusual need for
unquestioning adherence to a political decision already made; or the
potentially of embarrassment from multifarious pronouncement by
various departments on a question," describes what kind of political
question:
a. adherence kind;
b. prudential kind;
c. respectful kind;
d. deference kind.
32.
The "operative fact" doctrine of constitutional law is applied
when a law is declared:
a. operative;
b. factual;
c. constitutional;
d. unconstitutional.
33.
The totality of governmental power is contained in three great
powers:
a. police power, power of sequestration, power of foreign policy;
b. power of immigration, municipal power, legislative power;
c. executive power, legislative power, judicial power;
d. police power, power of eminent domain, power of taxation.
34.
The most essential, insistent and the least limitable of
(government) powers, extending as it does to all the great public
needs, is:
a. emergency power;
b. police power;
c. legislative power;
d. power to declare martial law.
35.
35. In the hierarchy of civil liberties, which right occupies the
highest preferred position:
a. right to academic freedom;
b. right to a balanced and healthful ecology;
c. right to freedom of expression and of assembly;
d. right to equal health.
36.
In which of the following would there be no double jeopardy even
if a subsequent case is filed?
a. Pot is accused before the RTC of qualified theft. After
innumerable postponements against Pots wishes, he moves for
dismissal for denial of the right to a speedy trial. Prosecutor
objected. Dismissal granted;
b. Pot is accused before the RTC of qualified theft. After
innumerable postponements against Pots wishes, the prosecutor
moves for dismissal with the consent of Pot. Granted;
c. Pot is accused before the RTC of qualified theft. After
innumerable postponements against Pots wishes, he moves for
dismissal for denial of the right to a speedy trial. Prosecutor
posts no objections. Dismissal granted;
d. Pot is accused before the RTC of qualified theft. After
innumerable postponements against Pots wishes, the prosecutor
moves for dismissal over the objections of Pot. Granted.
37.
Under Article III, Section 2 of the Bill of Rights, which provides for
the exclusion of evidence that violate the right to privacy of
communication and correspondence, to come under the exclusionary

rule, the evidence must be obtained by:
a. private individuals acting on their own;
b. government agents;
c. private individuals acting on orders of superiors;
d. former high government officials.
38.
The complementing regime that best characterizes the
guarantees of freedom of speech and of the press are:
a. prior punishment and moderate punishment;
b. prior censorship and subsequent remedies;
c. no prior restraint and subsequent punishment;
d. no prior restraint and no subsequent punishment.
39.
The free exercise and non-establishment clauses pertain to which
right under the Bill of Rights:
a. liberty of movement;
b. liberty of abode;
c. religion;
d. life and liberty.
40.
The Gangnam Styles Witnesses (whose tenets are derogatory to
the Catholic Church), applied for a permit to use the public plaza and
kiosk to hold their religious meeting on the occasion of their founding
anniversary. Mayor Lebron allowed them to use the northwestern part
of the plaza but not the kiosk (which is a few meters away from the
Catholic church). Members of the Gangnam Style Witnesses claim that
the act of Mayor Lebron is a violation of their freedom of assembly and
religion. Is this correct?
a. No, because this is valid exercise of police power;
b. Yes, because the plaza being of public use can be used by
anybody regardless of religious belief;
c. No, because historical experience shows that peace and order
may be disturbed whenever two opposing religious groups or
beliefs expound their dogmas;
d. Yes, because there is no clear and present danger in holding a
religious meeting by another religious group near a catholic
church.
41.
Which one is NOT a recognized limitation to the right to
information on matters of public concern:
a. national security matters;
b. trade secrets and banking transactions;
c. criminal matters or classified law enforcement matters;
d. government research data used as a basis for policy
development.
42.
Which one of the following circumstances is NOT an element of
taking under eminent domain:
a. entering upon public property for a momentary period;
b. under color of legal authority;
c. devoting it to public use;

d. as substantially to cust the owner of all beneficial ownership.
43.
Market value for purposes of determining just compensation in
eminent domain has been described as the fair value of property:
a. between one who desires to purchase and one does not desire to
sell;
b. between one who desires to purchase and one who wants to
delay selling;
c. between one who desires to purchase and one who desires to
sell;
d. between one who desires to purchase on terms and one who
desires to sell after a period of time.
44.
Under Article III, Section 12 of the Constitution, any person under
investigation for the commission of an offense shall have the right to
be informed of his right to remain silent, etc. The investigation referred
to is called:
a. preliminary investigation;
b. summary investigation;
c. criminal investigation;
d. custodial investigation.
45.
All persons charged shall, before conviction, be bailable by
sufficient sureties, except those charged with:
a. offenses punishable by death when evidence of guilt is strong;
b. offenses punishable by life imprisonment when evidence of guilt
is strong;
c. offenses punishable by death when evidence of guilt is weak;
d. offenses punishable by reclusion perpetua when evidence of guilt
is strong.
46.
Criminal trial may proceed, notwithstanding the absence of the
accused provided that he has been duly notified, and his failure to
appear is unjustifiable, after:
a. preliminary investigation;
b. arraignment;
c. sentencing;
d. prosecution has rested its case.
47.
The requisites of a valid trial in absentia exclude:
a. Wherein his/her failure to appear is unjustifiable;
b. Wherein he/she allows himself/herself to be identified by the
witness in his/her absence, without further unqualified admitting
that every time a witness mentions a name by which he/she is
known, it shall be understood to refer to him/her;
c. Wherein he/she has been duly notified of the trial;
d. Wherein the accused has already been arraigned.
48.
The privilege of the writ of habeas corpus shall not be suspended
except in cases of:
a. imminent danger of invasion or rebellion when the public safety

requires it;
b. grave danger of invasion or rebellion when the public safety
requires it;
c. clear and present danger of invasion or rebellion when the public
safety requires it;
d. invasion or rebellion when the public safety requires it.
49.
The right of the accused against self-incrimination will be
violated if:
a. he is charged with violation of the Anti-Money Laundering Act
and he was required to produce his bank passbook;
b. he is a public officer charged with amassing ill-gotten wealth and
his statement of assets and liabilities will be presented as
evidence;
c. his gun was subjected to a ballistics test;
d. a sample of his blood was taken if his blood type matches the
blood type found at the scene of the crime.
50.
The death penalty shall not be imposed:
a. unless for compelling reasons involving death penalty crimes and
the executive hereafter provides for it;
b. unless for compelling reasons involving heinous crimes and a
constitutional amendment provides for it;
c. unless for compelling reasons involving heinous crimes and
Congress hereafter provides for it;
d. unless for compelling reasons involving heinous crimes and the
Supreme Court hereafter upholds it.
51.
An ex post facto law has been defined as one:
a. which aggravates a crime or makes it lesser than when it was
committed;
b. which mitigates a crime or makes it lesser than when it was
committed;
c. which aggravates a crime or makes it greater than when it was
committed;
d. which aggravates a crime or makes it non-criminal after it was
committed.
52.
A bill of attainder is:
a. an executive act which inflicts punishment without tender;
b. a judicial act which inflicts punishment without tender;
c. a legislative act which inflicts punishment without trial;
d. a legislative act which pardons punishment after tender.
53.
Which one of the following is NOT an independent Constitutional
Commission under Article IX, Section 1 of the Constitution:
a. Commission on Elections;
b. Commission on Human Rights;
c. Civil Service Commission;
d. Commission on Audit.
54.
The independent Constitutional Commissions enjoy:

a. decisional autonomy;
b. organizational autonomy;
c. fiscal autonomy;
d. quasi-judicial autonomy.
55.
The Civil Service shall be administered by the Civil Service
Commission composed of a:
a. Chairman and a Commissioner;
b. Chairman and two (2) Commissioners;
c. Chairman and three (3) Commissioners;
d. Chairman and four (4) Commissioners.
56.
In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the
Supreme Court held that the personality of the petitioners to sue is
based on the concept of:
a. ecological responsibility;
b. environmental accountability;
c. intergenerational responsibility;
d. interdisciplinary responsibility.
57.
In a unitary system of government, such as the government
under the Philippine Constitutor, local government can only be:
a. an imperuim in imperio;
b. an infa-sovereign subdivision;
c. a sovereign nation;
d. a sovereign entity.
58.
Which one is NOT among the Constitutionally mandated grounds
for impeachment of impeachable officials:
a. culpable violation of the Constitution;
b. treason, bribery, graft and corruption and other high crimes;
c. betrayal of public trust;
d. culpable violation of the duty to be at all times accountable to
the people.
59.
Which is NOT an impeachable public officer:
a. a justice of the Supreme Court;
b. a commissioner of the Comelec;
c. the administrator of the Supreme Court;
d. the Ombudsman.
60.
Which has the exclusive power to initiate all cases of
impeachment:
a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of Representatives.
61.
At least one-third of all the members of the House of
Representatives may file articles of impeachment by:
a. verified bill and resolution;
b. verified complaint and resolution;
c. verified notice and resolution;

d. verified complaint and notice.
62.
The President cannot grant pardon in cases of impeachment. He
may however exercise such power when:
a. A person convicted in an impeachment proceeding is subject to
prosecution, trial and punishment in an ordinary criminal action;
b. A person convicted in an impeachment proceeding is granted an
absolute pardon;
c. A person convicted in an impeachment proceeding files his
appeal before the Supreme Court;
63.
A public officer impeached and removed from office shall:
a. nevertheless be immure from prosecution, trial and punishment
according to law;
b. nevertheless be liable and subject to prosecution, trial and
punishment under the Anti-Graft and Corrupt Practices Act;
c. nevertheless be liable and subject to prosecution, trial and
punishment according to law;
d. nevertheless be liable and subject to prosecution, trial and
punishment only for criminal acts under the law.
64.
The Ombudsman and his deputies are appointed by the President
from a list prepared by:
a. the Integrated Bar of the Philippines;
b. the Commission on Appointments;
c. the Judicial and Bar Council;
d. the Supreme Court.
65.
SALN means:
a. Summary of assets, liabilities and net worth;
b. Statement of assets in banks, liabilities and net worth;
c. Statement of assets, liabilities and net worth;
d. Statement of personal assets, liabilities and net worth.
66.
The independent economic planning agency of the Government
as provided for by the Constitution is the:
a. National Privatization Office;
b. National Productivity Commission;
c. National Economic Development Authority;
d. National Economic Council.
67.
The Independent Central Monetary Authority of the Government
is the:
a. Bankers Association of the Philippines;
b. Philippine Mission of the International Monetary Fund;
c. Central Bank of the Philippines;
d. World Bank, Philippine Affiliate.
68.
The President may contract or guarantee foreign loans on behalf
of the Republic of the Philippines only upon prior concurrence of the:
a. House of Representatives;
b. Senate;
c. Central Bank;
d. Monetary Board.
69.
Bona fide associations of citizens which demonstrate capacity of
promote the public interest and with identifiable leadership,
membership, and structure are:
a. independent party-list organizations;
b. independent sectoral organizations;
c. independent indigenous organizations;
d. independent peoples organizations.
70.
The principal function of the Commission on Human Rights is:
a. issue writs of injunction/ restraining orders;
b. investigatory;
c. quasi-judicial;
d. rule-making.
71.
Optional religious instruction in public elementary and high
schools is allowed provided it be:
a. without additional overtime cost to Government;
b. without additional cost to Government;
c. without additional cost for religious books to Government;
d. without additional power consumption costs to Government.
72.
Academic freedom shall be enjoyed:
a. in all public institutions;
b. in all elementary and high schools;
c. in all schools;
d. in all institutions of higher learning.
73.
Under Article 38(1) of the Statute of the International Court of
Justice, which one of the following is NOT considered a source of
international law:
a. international conventions;
b. international custom;
c. international humanitarian law;
d. general principles of law.
74.
In international law, it is a norm which States cannot derogate or
deviate from their agreements:
a. terra nullius;
b. opinio juris;
c. jus cogens;
d. jus cogentus.
75.
In international law, the status of an entity as a State is accepted
by other States through this act. It is the "act by which another State
acknowledges that the political entity recognized possesses the
attributes of statehood."
a. accession;
b. recognition;
c. acknowledgment;
d. attribution.
76.
An act or process by which a State, in compliance with a formal
demand or request, surrenders to another State an alleged offender or
fugitive criminal who has sought refuge in the territory of the first
State, in order to stand trial or complete his prison term:
a. extramediation;
b. exterrertioriality;
c. extradition;
d. extraterritoriality.
77.
This doctrine considers the general or customary norms of
international law as a part of municipal law and are to be enforced as
such, without regard as to whether they are enacted as statutory or
legislative rules or not:
a. accession;
b. incorporation;
c. accretion;
d. adoption.
78.
Under the United Nations Conference of the Law of the Sea
(UNCLOS), the extent of the contiguous zone is:
a. 3 nautical miles from the lowest water mark;
b. 12 miles from the outer limits;
c. 12 miles from the lowest water mark;
d. 200 miles from the outer limits.
79.
It is a line from which the breadth of the territorial sea and other
maritime zones is measured:
a. contiguous line;
b. economic line;
c. baseline;
d. archipelagic line.
80.
It is a maritime zone adjacent to the territorial seas where the
coastal state may exercise certain protective jurisdiction:
a. baseline zone;
b. contiguous zone;
c. transit zone;
d. appurtenant zone.
81.
Butchoy installed a jumper cable. He was prosecuted under a
Makati ordinance penalizing such act. He moved for its dismissal on the
ground that the jumper cable was within the territorial jurisdiction of
Mandaluyong and not Makati. The case was dismissed. The City of
Mandaluyong thereafter filed a case against him for theft under the
Revised Penal Code (RCP). Is there double jeopardy?
a. No. The first jeopardy was terminated with his express consent;
b. Yes. This is double jeopardy of the second kind prosecution for
the same act under an ordinance and a law;
c. Yes. He is prosecuted for the same offense which has already
been dismissed by the City of Makati;
d. No. The second kind of double jeopardy under Section 21, Article
III only contemplates conviction or acquittal which could
terminate a first jeopardy.
82.
One of the cardinal primary due process rights in administrative
proceedings is that evidence must be "substantial." "Substantial
evidence" is:
a. less than a mere scintilla;
b. less than preponderant scintilla;
c. more than a glint of scintilla;
d. more than a mere scintilla.
83.
A statutory provision requiring the President or an administrative
agency to present the proposed implementing rules and regulations of
a law to Congress which by itself or through a committee formed by it,
retains a "right" or "power" to approve or disapprove such regulations
before they may take effect, is a:
a. legislative encroachment;
b. legislative veto;
c. legislative oversight;
d. legislative scrutiny.
84.
Which one of the enumeration below does not come under the
Administrative Code definition of a "rule":
a. agency statement of general applicability that implements or
interprets a law;
b. fixes and describes the procedures in or practice requirements
of, an agency;
c. includes memoranda and statements concerning internal
administration;
d. an agency process for the formulation of a final order.
85.
Under the Administrative Code, "adjudication" means:
a. whole or any part of any agency permit, certificate, or other form
of permission, or regulation of the exercise of a right or privilege;
b. an agency process for the formulation of a final order;
c. agency process for the formulation, amendment, or repeal of a
rule;
d. agency process involving the grant, renewal, denial, revocation
or conditioning of a license.
86.
The requirement of the Administrative Code on "public
participation" is that, if not otherwise required by law, an agency shall:
a. in all cases, publish or circulate notices of proposed rules and
afford interested parties the opportunity to submit their views
prior to the adoption of any rule;
b. in all clear and proper cases, publish or circulate notices of
proposed rules and afford interested parties the opportunity to
submit their views prior to the adoption of any rule;
c. as far as practicable, publish or circulate notices of proposed

rules and afford the party-list parties the opportunity to submit
their views prior to the adoption of any rule;
d. as far as practicable, publish or circulate notices of proposed
rules and afford interested parties the opportunity to submit their
views prior to the adoption of any rule.
87.
Under the Administrative Code, in the fixing of rates, no rules or
final order shall be valid unless:
a. the proposed rates shall have been submitted to the U.P. Law
Center for publication at least two weeks before the first hearing
thereon;
b. the proposed rates shall have been published in the Official
Gazette at least two weeks before the final hearing thereon;
c. the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the first hearing
thereon;
d. the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the final hearing
thereon.
88.
In the judicial review of decisions of administrative agencies, the
Administrative Code requires that the review shall be made:
a. on the basis of the pleadings taken as a whole;
b. on the basis of the record taken as a whole;
c. on the basis of the evidence taken as a whole;
d. on the basis of the memoranda taken as a whole.
89.
In the judicial review of decisions of administrative agencies, the
Administrative Code requires that, except when specifically provided
otherwise by law:
a. the findings of law of agency when supported by substantial
evidence, shall be final;
b. the findings of fact of the agency when supported by
preponderant evidence, shall be final;
c. the findings of fact of the agency when supported by substantial
evidence, shall be final;
d. the findings of law of the agency when supported by credible
evidence, shall be final.
90.
The right of the accused to be informed is violated if:
a. he was accused of killing his wife by strangulation but it was
proven that his wife died of poisoning;
b. it was proven that he killed somebody on a date different from
the one alleged in the information;
c. he was charged with parricide but was convicted of murder,
because it turned out that he and the victim were not married;
d. the accused was charged with commission of acts of
lasciviousness and was convicted of unjust vexation.
91.
A criminal statute that "fails to give a person of ordinary
intelligence fair notice that his contemplated conduct is forbidden by
statute" is:
a. void for fair notice;
b. void for arbitrariness;
c. void for vagueness;
d. void conclusively.
92.
"Chilling effect" is a concept used in the area of constitutional
litigation affecting:
a. protected speech;
b. protected executive privilege;
c. protected legislative discretion;
d. protected judicial discretion.
93.
In the law of libel and protected speech, a person who, by his
accomplishments, fame, or mode of living, or by adopting a profession
or calling which gives the public a legitimate interest in his doings, his
affairs, and his character, has become a:
a. public figure;
b. celebrity;
c. public official;
d. de facto public officer.
94.
Which one of the following is not a proper test in cases of
challenges to governmental acts that may violate protected speech:
a. clear and present danger;
b. balancing of interests;
c. reasonable relation;
d. dangerous tendency.
95.
Commercial speech is entitled to:
a. more protection compared to other constitutionally guaranteed
expression;
b. equal protection compared to other constitutionally guaranteed
expression;
c. lesser protection compared to other constitutionally guaranteed
expression;
d. none of the above.
96.
No liability can attach to a false, defamatory statement if it
relates to official conduct, unless the public official concerned proves
that the statement was with knowledge that it was false or with
reckless disregard of whether it was false or not. This is known as what
rule?
a. libel malice rule;
b. actual malice rule;
c. malice in fact rule;
d. legal malice rule.
97.
It is form of entrapment. The method is for an officer to pose as a
buyer. He, however, neither instigates nor induces the accused to
commit a crime because in these cases, the "seller" has already

decided to commit a crime. The offense happens right before the eyes
of the officer. Under these circumstances:
a. there is a need for an administrative but not a judicial warrant for
seizure of goods and arrest of the offender;
b. there is need for a warrant for the seizure of the goods and for
the arrest of the offender;
c. there is no need for a warrant either for the seizure of the goods
or for the arrest of the offender;
d. the offender can be arrested but there is a need for a separate
warrant for the seizure of the goods.
98.
Where a police officer observes unusual conduct which leads him
reasonably to conclude in light of his experience that criminal activity
may be afoot and that the persons with whom he is dealing may be
armed and dangerous and he identifies himself and makes reasonable
inquiries, but nothing serves to dispel his reasonable fear for his own or
others safety, he is entitled to conduct a carefully limited search of the
outer clothing of such persons for weapons. Such search is
constitutionally permissible and is known as a:
a. stop and search;
b. stop and frisk;
c. stop and interrogate;
d. stop and detain.
99.
Accused was charged with slight illegal detention. On the day set
for the trial, the trial court proceeded as follows:
Q: "Do you have an attorney or are you going
"Court: to the accused:
to plead guilty?"
A: "I have no lawyer and i will plead guilty."
Accused was then arraigned, pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme Court reversed. The accused was
deprived of his:
a. right to cross-examination;
b. right to be presumed innocent;
c. right to counsel;
d. right to production of evidence.
100.
The constitutional right of an accused "to meet the witnesses
face to face" is primarily for the purpose of affording the accused an
opportunity to:
a. identify the witness;
b. cross-examine the witness;
c. be informed of the witness;
d. be heard.
WATCHER.
2012
BAR
EXAMINATIONS
7 October 2012
10 A.M.-12 NN.
Set B
ESSAY
TYPE
QUESTIONS
INSTRUCTIONS
Answer the question directly and concisely. Do Not repeat the question. Write
legibly.
GOOD LUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
THIS PAGE).
I.
Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed with the
Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal.
The Court of Appeals granted the motion and set a bail amount in the sum of
Five (5) Million Pesos, subject to the conditions that he secure "a
certification/guaranty from the Mayor of the place of his residence that he is
a resident of the area and that he will remain to be a resident therein until
final judgment is rendered or in case he transfers residence, it must be with
prior notice to the court". Further, he was ordered to surrender his passport
to the Division Clerk of Court for safekeeping until the court orders its return.
a. Mr. Violet challenges the conditions imposed by the Court of Appeals as
violative of his liberty of abode and right to travel. Decide with reasons.
(5%)
b. Are "liberty of abode" and "the right to travel" absolute rights?
Explain. What are the respective exception/s to each right if any? (5%)
II.
A verified impeachment complaint was filed by two hundred (200) Members
of the House of Representatives against Madam Chief Justice Blue. The
complaint was immediately transmitted to the Senate for trial.
a. Madam Chief Justice Blue challenges such immediate transmittal to the

Senate because the verified complaint 1) not included in the order of
business of the House, 2) was not referred to the House Committee on
Justice for hearing and consideration for sufficiency in form and
substance, and 3) was not submitted to the House Plenary for
consideration as enumerated in Paragraph (2), Section 3, Article XI of
the 1987 Constitution. Decide with reasons. (5%)
b. What is the purpose of Impeachment? Does conviction prevent further
prosecution and punishment? Explain. (3%)
c. Enumerate the grounds for impeachment. Is graft and corruption a
ground for impeachment? (2%)
III.
Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police
station. Upon arriving at the police station, Brown was asked to stand sideby-side with five (5) other cigarette vendors in a police line-up. PO1 White
informed them that they were looking for a certain cigarette vendor who
snatched the purse of a passer-by and the line-up was to allow the victim to
point at the vendor who snatched her purse. No questions were to be asked
from the vendors.
a. Brown, afraid of a "set up" against him, demanded that he be allowed
to secure his lawyer and for him to be present during the police lineup. Is Brown entitled to counsel? Explain (5%)
b. Would the answer in (a.) be the same if Brown was specifically invited
by White because an eyewitness to the crime identified him as the
perpetrator? Explain. (3%)
c. Briefly enumerate the so-called "Miranda Rights". (2%)
IV.
Mr. Yellow and Mr. Orange were the leading candidates in the vicepresidential elections. After elections, Yellow emerged as the winner by a
slim margin of 100,000 votes. Undaunted, Orange filed a protest with the
Presidential Electoral Tribunal (PET). After due consideration of the facts and
the issues, the PET ruled that Orange was the real winner of the elections
and ordered his immediate proclamation.
a. Aggrieved, Yellow filed with the Supreme Court a Petition for Certiorari
challenging the decision of the PET alleging grave abuse of discretion.
Does the Supreme Court have jurisdiction? Explain. (3%)
b. Would the answer in (a.) be the same if Yellow and Orange were
contending for a senatorial slot and it was the Senate Electoral Tribunal
(SET) who issued the challenged ruling? (3%)
c. What is the composition of the PET? (2%)
d. What is judicial power? Explain Briefly. (2%)
V.
Judge Red is the Executive Judge of Green City. Red is known to have corrupt
tendencies and has a reputation widely known among practicing lawyers for
accepting bribes. Ombudsman Grey, wishing to "clean up" the government
from errant public officials, initiated an investigation on the alleged

irregularities in the performance of duties of Judge Red.
a. Judge Red refused to recognize the authority of the Office of the
Ombudsman over him because according to him, any administrative
action against him or any court official or employee falls under the
exclusive jurisdiction of the Supreme Court. Decide with reasons. (5%)
b. Does the Ombudsman have authority to conduct investigation over
crimes or offenses committed by public officials that are NOT in
connection or related at all to the officials discharge of his duties and
functions? Explain. (3%)
c. Who are required by the Constitution to submit a declaration under
oath of his assets, liabilities, and net worth? (2%)
VI.
President Black of the Republic of Pasensya (RP) had a telephone
conversation with President Blue of the Peoples Republic of Conquerors
(PRC). In that conversation, both leaders agreed that they will both pull-out
all their vessels, civilian or otherwise, sea crafts and other ships from the
hotly disputed Kalmado Shoal area within eight (8) days in order to deescalate the situation. After eight days, all RP ships and vessels have left the
area. However, several military and civilian ships carrying the PRC flag
remained in the area and began construction of a dock that could provide
fuel and other supplies to vessels passing by.
a. Assuming that President Black and President Blue both had full
capacity to represent their states and negotiate with each other under
their respective systems of government, and further assuming that
both leaders acknowledge the existence of the conversation, is the
verbal agreement via telephone binding under international law?
Explain. (5%)
b. Assuming the answer to (a.) is in affirmative, does that agreement
constitute a Treaty under the 1969 Vienna Convention on the Law on
Treaties? (2%)
c. What are the sources of International Law? (2%)
d. What is opinio juris in International Law? (1%)
VII.
Mayor Pink is eyeing re-election in the next mayoralty race. It was common
knowledge in the town that Mayor Pink will run for re-election in the coming
elections. The deadline for filing of Certificate of Candidacy (CoC) is on March
23 and the campaign period commences the following day. One month
before the deadline, Pink has yet to file her CoC, but she has been going
around town giving away sacks of rice with the words "Mahal Tayo ni Mayor
Pink" printed on them, holding public gatherings and speaking about how
good the town is doing, giving away pink t-shirts with "Kay Mayor Pink Ako"
printed on them.
a. Mr. Green is the political opponent of Mayor Pink. In April, noticing that
Mayor Pink had gained advantage over him because of her activities
before the campaign period, he filed a petition to disqualify Mayor Pink

for engaging in an election campaign outside the designated period.
a.1. Which is the correct body to rule on the matter? Comelec en banc,
or Comelec division? Answer with reasons. (2%)
a.2. Rule on the petition. (5%)
b. Distinguish briefly between Quo Warranto in elective office and Quo
Warranto in appointive office. (3%)
VIII.
a. What is the doctrine of "overbreath"? In what context can it be
correctly applied? Not correctly applied? Explain (5%)
b. What is the doctrine of "void for vagueness"? In what context can it be
correctly applied? Not correctly applied? Explain (5%)
IX.
In a protest rally' along Padre Faura Street, Manila, Pedrong Pula took up the
stage and began shouting "kayong mga kurakot kayo! Magsi-resign na kayo!
Kung hindi, manggugulo kami dito!" ("you corrupt officials, you better resign
now, or else we will cause trouble here!") simultaneously, he brought out a
rock the size of a fist and pretended to hurl it at the flagpole area of a
government building. He did not actually throw the rock.
a. Police officers who were monitoring the situation immediately
approached Pedrong Pula and arrested him. He was prosecuted for
seditious speech and was convicted. On appeal, Pedrong Pula argued
he was merely exercising his freedom of speech and freedom of
expression guaranteed by the Bill of Rights. Decide with reasons. (5%)
b. What is "commercial speech"? Is it entitled to constitutional protection?
What must be shown in order for government to curtail "commercial
speech"? Explain. (3%)
c. What are the two (2) basic prohibitions of the freedom of speech and of
the press clause? Explain. (2%)
X.
a. What do you understand by the term "heirarchy of civil liberties"?
Explain. (5%)
b. Distinguish fully between the "free exercise of religion clause" and the
"non-establishment of religion clause". (3%)
c. When can evidence "in plain view" be seized without need of a search
warrant? Explain. (2%)
WATCHER.

2012 Bar Examinations

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2012

a. Yes, because his teaching experience is already more than ten

c. Yes, because his position as Treasurer is coterminous with the

b. The case of Atty. X can be dismissed due to non-appearance of

d. Attorney's fees is always subject to court supervision and

c. No conflict of interest since the court case was wholly handled by

voluntarily terminating his membership with the IBP. Should he be

a. Yes, Congressman Fred's law firm is disqualified because

b. The Clerk of Court;

d. A lawyer's fitness to become a lawyer must be maintained

4. constructing your arguments in support of your point of view - 50%.

LEGAL ETHICS AND PRACTICAL EXERCISES

Witness : As per our agreement, he issued and delivered to me five ( 5)

P. Prosecutor : Do you know whose signature is that appearing on the

COURT : Mark them as requested.

P. Prosecutor : I request that the demand letter be marked as Exhibit F and

D. Counsel : Do you own NOW Account No. 123456 maintained at Alloy

Section 126. Bill of exchange, defined. - A bill of exchange is an

postulates of fairness require-- that the notice of dishonor be actually sent to

b. An order of the RTC Judge requiring respondent to show cause in

b. any Barangay Kagawad.

d. evidence that a method or process was utilized to verify the

is credible only if corroborated.

c. Special Drugs Court;

b. a Committee Report issued by the Congressional Committee on

and was able to secure numerous postponements of A's cross

d. action to collect on a promissory note amounting to P 105,000

declared in contempt and after hearing, the court held X guilty of

Witness my hand this 1st day of March, 2012.

a. Where and how will you appeal the following:

powers of the public office to which appointed. What is the criminal

c. Eight (8) years of prision mayor as minimum to eighteen (18)

a. The escaping prisoner does not incur criminal liability.

c. conspiracy to commit rebellion;

c. The police officer incurs no criminal liability because the member

a. Yes. The offender in the crime of treason is a Filipino citizen only

violence or intimidation for the purpose of preventing some harm to

c. Probation is not applicable when accused is convicted of indirect

b. No. An attempt to commit light felony constitutes an

a. The use of the Letter of Credit serves to reduce the risk of

b. Yes, because the acceptance by the importer of the goods

d. The negotiation is not valid because the check is an instrument

d. that at all times negotiation of the instruments requires proper

It is an ultra vires act.

a. X as sole beneficiary under the life insurance policy on the life of

c. existing at the time of perfection for property insurance but for

a. The insurance policy can be cancelled because of the change in

c. SSS Corporation and TTT Corporation, although both are owned

b. The Corporate Secretary cannot refuse because a Stock

c. Classifications of shares is mainly for business purpose to attract

continue as Directors in hold over capacity. Which statement is most

b. bought shares of XYC Corporation, a sister company of ABC

b. Set-off is not possible because legal compensation is not allowed

b. Buying back the shares may be allowed provided it is with the

d. X cannot claim anything from any of the deposit accounts.

b. with the Register of Deeds where the principal office of the

a. No, because it is still covered by the redemption period and the

d. Upon inquiry by the Commissioner of Internal Revenue in the

The following questionnaire consists of ten (10) questions (numbered I to X)

c. F, the general manager, personally, because the non-delivery was with

c) Taxation is an arbitrary method of exaction by those who are in the

9. A resident corporation is one that is:

19. Which statement is correct? A non-stock, non-profit charitable association

Additional documentary evidence in support of its protest was submitted by