Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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
LEGAL ETHICS AND PRACTICAL EXERCISES
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?
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.
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
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.
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;
No. 0001
Date: July 1,
2011
P 12,500.00
Sgd.
Chao
Alloy
Pasong
Makati
Tamo
Henry
Bank
Branch
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.
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.
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
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.
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. If 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 essay-type questions.
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 TWENTY TWO (22) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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.
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.
41.
After a plea of not guilty is entered, the accused shall have _____
days to prepare for trial.
a. 15;
b. 10;
c. 30;
d. None of the above.
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.
d. None of the above.
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.
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.
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;
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
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING
THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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
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.
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)
A void 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 if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
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 TWENTY FOUR (24) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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
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?
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;
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
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.
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.
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.
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD
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.
Begin your answer to each numbered question on a separate page; an
answer to a sub-question/s under the same number n1ay be written
continuously on the san1e 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
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS FOUR (4) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD
WATCHER.
MERCANTILE LAW
21 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 FOUR (24) 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)
A void erasures on the Answer Sheet. If 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 if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
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 TWENTY FIVE (25) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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?
5.
6.
7.
8.
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
accommodation party.
c. for as long as X did not receive any consideration for acting as
accommodation party.
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.
a.
b.
c.
d.
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.
d. None of the above.
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.
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
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;
BAR
EXAMINATIONS
10 A.M. - 12 NN.
TYPE
QUESTIONS
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%)
2012
BAR
EXAMINATIONS
TAXATION LAW
14 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 75 contained in TWENTY TWO (22) 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 Instruction on the Answer Sheet)
Avoid erasures on the Answer Sheet. If you need to make corrections, erase
completely the answer you want to change.
Do not explain your answer in the MCQ portion of the exam. You will not earn
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 Sheet. Provide ample time to transfer the
answers if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
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 TWENTY THREE (23) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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) 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.
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.
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;
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;
TYPE
QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (10) questions (numbered I to X)
contained in SIX (6) pages.
Begin your answer to each numbered question on a separate page; an
answer to a sub-question/s under the same number maybe 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
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SEVEN (7) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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
2012
BAR
EXAMINATIONS
CIVIL LAW
14 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 TWO (22) 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. If you need to make corrections, erase
completely the answer you want to change.
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 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.
Answer first the MCQs completely before going to the essay-type questions.
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 TWENTY THREE (23) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
CIVIL LAW
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?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
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?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
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.
44. Which of the following statements is wrong?
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 ---
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.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
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.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
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.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
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:
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) 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.
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD
WATCHER.
2012
BAR
EXAMINATIONS
CIVIL LAW
14 October 2012
10 A.M.-12 NN.
Set B
ESSAY
TYPE
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
QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING
THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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%)
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD
WATCHER.
2012
BAR
EXAMINATIONS
LABOR LAW
7 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 75 contained in TWENTY ONE (21) 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. If 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 for the answers if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
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 TWENTY TWO (22) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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;
d. None of the above.
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.
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;
TYPE
QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (1 0) questions (numbered I to X)
contained in SIX (6) pages.
Begin your answer to each numbered question on a separate page; an
answer to a sub-question/s under the same number n1ay be written
continuously on the san1e 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
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SEVEN (7) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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%)
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD
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
The following questionnaire consists of one hundred (100) MCQs numbered 1
up to 100 contained in TWENTY TWO (22) 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. If 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 if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
5.
6.
7.
8.
9.
a.
b.
c.
d.
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
54.
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;
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
2012
BAR
EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
7 October 2012
10 A.M.-12 NN.
Set B
ESSAY
TYPE
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
QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
_____________________________________
MARTIN
S.
VILLARAMA,
JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING
THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
POLITICAL AND INTERNATIONAL LAW
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.