2018 BAR EXAMINATIONS II

CRIMINAL LAW
Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to
serve as a lookout for Red and Rod while the two were robbing the bank, as the three
of them had previously planned. Ramiro, a policeman, responded to the reported
robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught,
pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and
fell down to the ground. Instead, a woman depositor who was coming out of the bank
was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the
I special complex crime of robbery with homicide. Rico’s defense was that he never
intended to shoot and kill the woman, only Ramiro. Red and Rod’s defense was that
Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over they were not responsible for the death of the woman as they had no participation
the ownership of a parcel of land. One night, Roberto was so enraged that he decided therein.
to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to
Ricardo’s house. Rafael knew about Roberto’s plan to kill Ricardo, but agreed to lend (a) Is Rico’s defense meritorious? (2.5%)
him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the
house of Ricardo. Rafael waited for him there, until the task had been accomplished, so
(b) Is Red and Rod’s defense meritorious? (2.5%)
that he could drive Roberto to the next town to evade arrest. Roberto also asked
another friend, Ruel, to stand guard outside Ricardo’s house, for the purpose of
III
warning him in case there was any danger or possible witnesses, and to keep other
persons away from the vicinity. All three – Roberto, Rafael and Ruel – agreed to the
On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont,
plan and their respective roles.
the Lord Chancellor and head of the fraternity; (ii) ten (10) members, one (1) of whom
was Ric, and (iii) five (5) neophytes, one (1) of whom was Ronald. Absent were: (i)
On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near
Rollie, the fraternity’s Vice Chancellor and who actually planned the initiation; and (ii)
Ricardo’s house. Roberto and Ruel walked about 50 meters where Ruel took his post as
Ronnie, the owner of the house where the initiation was conducted.
guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo’s
bedroom, and peppered it with bullets. When he thought that he had accomplished his
Due to the severe beating suffered by Ronald on that occasion, he lost consciousness
plan, Roberto ran away, followed by Ruel, and together they rode in Rafael’s car where
and was brought to the nearest hospital by Redmont and Ric. However, Ronald was
they drove to the next town to spend the night there. It turned out that Ricardo was
declared dead on arrival at the hospital.
out of town when the incident happened, and no one was in his room at the time it
was peppered with bullets. Thus, no one was killed or injured during the incident.
During the investigation of the case, it was found out that, although Ronald really
wanted to join the fraternity because his father is also a member of the same
(a) Was a crime committed? If yes, what is/are the crime/s committed (2.5%);
fraternity, it was his best friend Ric who ultimately convinced him to join the fraternity
and
and, as a prerequisite thereto, undergo initiation. It was also shown that Redmont and
Ric did not actually participate in the beating of the neophytes (hazing). The two (2)
(b) If a crime was committed, what is the degree of participation of Roberto,
either merely watched the hazing or helped in preparing food. And, lastly, two (2) days
Rafael, and Ruel? (2.5%)
prior thereto, Ronnie texted Rollie that the fraternity may use his house as the venue
for the planned initiation. (a) For what felony may Robert and Romy be charged? (2.5%)

Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and (b) Will your answer in (a) be the same if the victim is a 15-year old lass who
Ronnie were criminally charged for the hazing of Ronald that resulted in the latter’s was enticed, through cunning and deceit of Romy, to voluntarily go to the
death. house of Robert where the latter subsequently had carnal knowledge with her?
(2.5%)
(a) Are the four criminally liable? (2.5%)
VI
(b) Can all those criminally charged be exonerated upon proof that Ronald,
knowing the risks, voluntarily submitted himself to the initiation? Will the A group of homeless and destitute persons invaded and occupied the houses built by
absence of proof that the accused intended to kill the victim affect their the National Housing Authority (NHA) for certain military personnel. To gain entry to
liability? (2.5%) the houses, the group intimidated the security guards posted at the entrance gate with
the firearms they were carrying and destroyed the padlocks of the doors of the houses
IV with the use of crowbars and hammers. They claimed that they would occupy the
houses and live therein because the houses were idle and they were entitled to free
On the way home from work, Rica lost her necklace to a snatcher. A week later, she housing from the government.
saw what looked like her necklace on display in a jewelry store in Raon. Believing that
the necklace on display was the same necklace snatched from her the week before, she For the reason that the houses were already awarded to military personnel who have
surreptitiously took the necklace without the knowledge and consent of the store been found to have fully complied with the requirements for the award thereof, NHA
owner. Later, the loss of the necklace was discovered, and Rica was shown on the CCTV demanded the group to vacate within ten (10) days from notice the houses they
camera of the store as the culprit. Accordingly, Rica was charged with theft of the occupied and were still occupying. Despite the lapse of the deadline, the group refused
necklace. Rica raised the defense that she could not be guilty as charged because she to vacate the houses in question.
was the owner of the necklace and that the element of intent to gain was lacking.
What is the criminal liability of the members of the group, if any, for their actions? (5%)
What should be the verdict if:
VII
(a) The necklace is proven to be owned by Rica? (2.5%)
Robbie and Rannie are both inmates of the National Penitentiary, serving the maximum
(b) It is proven that the store acquired the necklace from another person who penalty for robbery which they committed some years before and for which they have
was the real owner of the necklace? (2.5%) been sentenced by final judgment. One day, Robbie tried to collect money owed by
Rannie. Rannie insisted that he did not owe Robbie anything, and after a shouting
V episode, Rannie kicked Robbie in the stomach. Robbie fell to the ground in pain, and
Rannie left him to go to the toilet to relieve himself. As Rannie was opening the door to
With a promise of reward, Robert asked Romy to bring him a young girl that he the toilet and with his back turned against Robbie, Robbie stabbed him in the back with
(Robert) can have carnal knowledge with. Romy agreed, seized an eight-year old girl a bladed weapon that he had concealed in his waist. Hurt, Rannie ran to the nearest
and brought her to Robert. After receiving his reward, Romy left while Robert “kubol” where he fell. Robbie ran after him· and, while Rannie was lying on the ground,
proceeded to have carnal knowledge with the girl. Robbie continued to stab him, inflicting a total of 15 stab wounds. He died on the spot.
Robbie immediately surrendered to the Chief Warden. When prosecuted for the
murder of Rannie, Robbie raised provocation and voluntary surrender as mitigating (a) Can he be held liable under both actions? (2.5%)
circumstances. The prosecution, on the other hand, claimed that there was  treachery
in the commission of the crime. (b) If the check is presented for payment after four (4) months, but before it
becomes stale, can the two actions still proceed? (2.5%)
(a) Is Robbie a recidivist, or a quasi-recidivist? (2.5%)
X
(b) Can the mitigating circumstances raised by Robbie, if proven, lower the
penalty for the crime committed? (2.5%) Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the
maid’s room of their own house. Rafa shot both lovers in the chest, but they survived.
VIII Rafa charged Rachel and Rocco with adultery, while Rachel and Rocco charged Rafa
with frustrated parricide and frustrated homicide.
Randy was prosecuted for forcible abduction attended by the aggravating circumstance
of recidivism. After trial, the court held that the prosecutor was able to prove the In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to
charge. Nonetheless, it appreciated in favor of Randy, on the basis of the defense’s the incident in question, executed a notarized document whereby they agreed to live
evidence, the mitigating circumstances of voluntary surrender, uncontrollable fear, and separately and allowed each of them to get a new partner and live with anyone of their
provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for forcible choice as husband and wife. This document was executed after Rachel discovered that
abduction is reclusion temporal. Rafa was cohabiting with another woman. Thus, they also raised the defense of in pari
delicto.  In the frustrated parricide and frustrated homicide cases, Rafa raised the
Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? defense that, having caught them in flagrante delicto,  he has no criminal liability.
(5%)
Assuming that all defenses have been proven:
IX
(a) Will the action for adultery prosper? (2.5%)
Rashid asked Rene to lend him PhP50,000, payable in six (6) months and, as payment
for the loan, Rashid issued a postdated check for the said amount plus the agreed (b) Will the actions for frustrated parricide and frustrated homicide prosper?
interest. Rashid assured Rene that the account would have sufficient funds on maturity (2.5%)
date. On that date, Rene presented the check to the drawee bank for payment but it
was dishonored for the reason that it was drawn against insufficient funds (DAIF). XI

Rene sent Rashid a timely notice of dishonor of the check and demanded the latter to Wielding loose firearms, Rene and Roan held up a bank. After taking the bank’s money,
make good the same within five (5) days from notice. After the lapse of the five (5)-day the robbers ran towards their getaway car, pursued by the bank security guards. As the
notice, Rene redeposited the check with the drawee bank but it was again dishonored security guards were closing in on the robbers, the two fired their firearms at the
for the same reason, i.e.,  DAIF. Rene thereafter filed two (2) separate criminal actions pursuing security guards. As a result, one of the security guards was hit on the head
against Rashid: (1) Estafa under Art. 315(2)(d) of the RPC, as amended by R.A. No. causing his immediate death.
4885, i.e,  estafa committed by postdating a check, or issuing a check in payment of an
obligation without sufficient funds in the bank; and (2) Violation of B.P. 22 or the For the taking of the bank’s money and killing of the security guard with the use of
Bouncing Checks Law. loose firearms, the robbers were charged in court in two separate informations, one for
robbery with homicide attended by the aggravating circumstance of use of loose
firearms, and the other for illegal possession of firearms. of the two cases, the government only presented as witness, General Riturban, who
testified on the activities of the Ratute brothers, Ricalde, and Riboli.
Are the indictments correct? (5%)
(a) Can Ricalde and Riboli be convicted of the crime of conspiracy to commit
XII treason? (2.5%)

Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. (b) Will the testimony of General Riturban, assuming he can testify on acts
Now 18, Rocky entered Rosario’s bedroom who was then outside doing her daily within his personal knowledge, be sufficient to convict the Ratute brothers,
marketing. He ransacked the bedroom and took Rosario’s money and valuables Ricalde, and Riboli? (2.5%)
amounting to PhP100,000.
XIV
When Rosario came home, she found her room in disarray, and her money and
valuables gone. She confronted Rocky, who confessed to taking the money and Robin and Rowell are best friends and have been classmates since grade school. When
valuables in order to pay his debts. the boys graduated from high school, their parents gifted them with a trip to
Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with
(a) What crime, if any, did Rocky commit? (2.5%) a sense of freedom, they decided to try what Amsterdam was known for. One night,
they scampered out of their hotel room, went to the De Wallen, better known as the
(b) Does he incur criminal and/or civil liability? (2.5%) Red-light District of Amsterdam. There, they went to a “coffee shop” which sells only
drinks and various items made from opium poppy, cannabis, and marijuana, all of
XIII which are legal in Amsterdam. They represented themselves to be of age, and were
served, and took shots of, cannabis and marijuana products. They indulged in these
The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed products the whole night, even if it was their first time to try them.
men in seizing a southern island in the Philippines, and declaring war against the duly
constituted government of the country. The Armed Forces of the Philippines (AFP), led Before returning to Manila, they bought a dozen lollipops laced with cannabis, as
by its Chief of Staff, General Riturban, responded and a full scale war ensued between souvenir and “pasalubong” for their friends. They were accosted at the Manila
the AFP and the armed men led by the brothers. The armed conflict raged for months. International Airport and were charged with importation of dangerous drugs under the
Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of
When the brothers-led armed men were running out of supplies, Ricalde, also a dangerous drugs after pictures of them in the “coffee shop” in Amsterdam were posted
Filipino, and a good friend and supporter of the Ratute brothers, was tasked to leave on Facebook, showing them smoking and taking shots of a whole menu of cannabis and
for abroad in order to solicit arms and funding for the cash-strapped brothers. He was marijuana products. Their own captions on their Facebook posts clearly admitted that
able to travel to Rwanda, and there he met with Riboli, a citizen and resident of they were using the dangerous products. The pictures were posted by them through
Rwanda, who agreed to help the brothers by raising funds internationally, and to send Private Messenger (PM) only for their close friends, but Roccino, the older brother of
them to the Ratute brothers in order to aid them in their armed struggle against the one of their best friends, was able to get hold of his younger brother’s password, and
Philippine government. Before Ricalde and Riboli could complete their fund-raising without authority from his brother, accessed his PM and shared Robin and Rowell’s
activities for the brothers, the AFP was able to reclaim- the island and defeat the Amsterdam photos on Facebook.
Ratute-led uprising.
(a) Can Robin and Rowell be prosecuted for use of dangerous drugs for their
Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing
 one-night use of these products in Amsterdam? (2.5%) For the past five years, Ruben and Rorie had been living together as husband and wife
without the benefit of marriage. Initially, they had a happy relationship which was
(b) Can they be prosecuted for importation of dangerous drugs? (2.5%) blessed with a daughter, Rona, who was born on March 1, 2014. However, the
partners’ relationship became sour when Ruben began indulging in vices, such as
© If found liable under either (a) or (b) above, what is the penalty that may be women and alcohol, causing frequent arguments between them. Their relationship got
imposed on them? (2.5%) worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a
tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in
(d) Can Roccino be prosecuted for the act of accessing and sharing on Facebook the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her
the private pictures sent by PM to his brother? If yes, for what crime? (2.5%) and stripped her naked in full view of their neighbors; and then he vanished.

XV Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie
expressed her wish to live separately from Ruben and asked him to continue providing
During the presentation of the prosecution’s evidence, Reichter was called to the financial support for their daughter Rona. At that time, Ruben was earning enough to
witness stand with the stated purpose that he would testify that his wife Rima had shot support a family. He threatened to withdraw the support he was giving to Rona unless
him in the stomach with a .38 caliber pistol, resulting in near fatal injuries. Upon Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with
objection of the defense on the ground of the marital disqualification rule, the Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could
presiding judge (Judge Rossano) disallowed Reichter from testifying in the case. Its not reach an agreement, no further support was given by Ruben.
motion for reconsideration having been denied, the People of the Philippines went up
on certiorari  to the Court of Appeals (CA) questioning Judge Rossano’s ruling. What crimes did Ruben commit:

After due proceedings, the CA rendered judgment declaring Judge Rossano’s ruling (a) For beating and humiliating Rorie? (2.5%)
void ab initio  for having been made with grave abuse of discretion amounting to lack or
excess of jurisdiction, and directing Judge Rossano to allow Reichter to testify in the (b) For withdrawing support for Rona? (2.5%)
criminal case for the stated purpose. This is based on the fact that the marital privilege
rule does not apply where a spouse committed the crime against the other. XVII

As the CA decision became final and 5xecutor, the criminal case before the RTC was Robina bought from Ramsey a seaside property located in Romblon. At that time, she
calendared for trial. At the scheduled trial, the prosecution called Reichter to the was in the process of returning to the Philippines as a returning resident, after retiring
witness stand in order to testify on the same matter it earlier announced. The defense from her work in Russia, and was planning to set up a diving school in the area. In a
objected on the ground that the CA erred in its disposition of the certiorari  case. Judge non-notarized “Kasunduan ng Pagbibili,” Ramsey represented the property as alienable
Rossano sustained the objection and again disallowed Reichter from testifying in the and disposable, and that he had a valid title to the property. When the sale was
criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his completed, and as she was applying for permits and licenses for her school, she found
ruling and to allow Reichter to testify fell on deaf ears. out that the property was a public non-alienable and non-disposable land which
Ramsey had bought from someone who only had a foreshore lease over the same. As
May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (5%) she was bent on setting up the diving school in the area, having made all the
preparations and having already bought all the equipment, she filed a Miscellaneous
XVI Lease Application (MLA) with the Department of Environment and Natural Resources
(DENR) at the Community Environment and Natural Resources Office in Romblon. In
her application, she stated that she was a Filipino citizen, although she was still a interposed the defense that she merely performed her duty as a teacher to discipline
naturalized Russian citizen at that time. It was only six months after she filed the MLA erring pupils.
that she filed her petition for dual citizenship under R.A. No. 9225. When DENR
discovered that, at the time of filing the MLA, she was still a Russian citizen, her Richard’s parents ask your advice on what actions can be instituted against Mrs.
application was denied and she was charged with falsification of a public document for Robinson for acts committed on their minor child.
misrepresenting herself as a Filipino citizen. Infuriated, Robina also filed charges against
Ramsey for falsification of a private document for stating in their “Kasunduan” that the (a) May Mrs. Robinson be charged with child abuse OR slight physical injuries?
property was alienable and disposable. (2.5%)

In the case for falsification of a public document, Robina’s defense was that, at the time (b) May Mrs. Robinson be charged with child abuse AND slight physical
she filed the MLA, she had every intention to reacquire Philippine citizenship, as in fact
she filed for dual citizenship six months thereafter, and that she had no intent to gain injuries? (2.5%)
or to injure the Philippine government since she expected that her application for dual
citizenship would be approved before the MLA could be approved. On the other hand, XIX
she claimed in the action against Ramsey that intent to gain was present since he
received the purchase price as a result of his misrepresentation. Ramsey’s defense was Ricky was driving his car when he was flagged down by a traffic enforcer for
that he had a valid Transfer Certificate of Title in his name, and he had a right to rely on overspeeding. Realizing his undoing, but in a hurry for a meeting, Ricky shoved a
his title. PhP500 bill in the traffic enforcer’s pocket and whispered to the latter to refrain from
issuing him a traffic violation receipt. The traffic enforcer still issued him a  ticket, and
(a) Will the case for falsification of public document filed against Robina returned his money.
prosper? (2.5%)
What crime, if any, was committed by Ricky? (5%)
(b) Will the case for falsification of private document filed against Ramsey
prosper? (2.5%)

XVIII
2018 BAR EXAMINATIONS
Mrs. Robinson is a teacher at an elementary school. In one of her classes, she found, to POLITICAL LAW
her consternation, that an 8-year old Richard was always the cause of distraction, as he
was fond of bullying classmates smaller in size than him.

One morning, Reymart, a 7-year old pupil, cried loudly and complained to Mrs.
Robinson that Richard had boxed him on the ear. Confronted by Mrs. Robinson about
Reymart’s accusation, Richard sheepishly admitted the same. Because of this, Mrs.
Robinson ordered Richard to lie face down on a desk during class. After Richard
obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his I.
ears. Richard ran home and reported to his mother what he had suffered at the hands
of Mrs. Robinson. When Richard’s parents went to Mrs. Robinson to complain, she Congress enacted a law to provide Filipinos, especially the poor and the marginalized,
access and information to a full range of modern family planning methods, including and alleging that her rights to life, liberty and security had been violated and continued
contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal to be threatened by violation of such rights, she filed with the Supreme Court (the
contraceptives, and family planning products and supplies, but expressly prohibited Court) a Petition for the Writs of Amparo  and Habeas Data  with prayers for Temporary
abortion. To ensure its objectives, the law made it mandatory for health providers to Protection Orders, Inspection of Place, and Production of Documents and Personal
provide information on the full range of modern family planning methods, supplies and Properties. The case was filed against President Amoyo (who was the President of the
services, for schools to provide reproductive health education, for non-governmental Philippines when the abduction, beating, mauling and life threats were committed),
medical practitioners to render mandatory 48 hours pro bono reproductive health General Altamirano, and several military men whom Agnes was able to recognize
services as a condition to Philhealth accreditation, and for couples desiring to marry to during her ordeal. The Court, after finding the petition to be in order, issued the writ
attend a family planning seminar prior to the issuance of a marriage license. It also of amparo  and the writ of habeas data  and directed the respondents to file a verified
punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both return on the writs, and directed the Court of Appeals (CA) to hear the petition. The
Roman Catholics, filed a petition to declare the law as unconstitutional based on, respondents duly filed their return on the writs and produced the documents in their
among others, the following grounds: possession. After hearing, the CA ruled that there was no more need to issue the
temporary protection orders since the writ of amparo  had already been issued, and
(a) It violates the right to life, since it practically sanctions abortion. Despite dismissed the petition against President Amoyo on the ground that he was immune
express terms prohibiting abortion, petitioners claim that the family planning from suit during his incumbency as President. Agnes appealed the CA ruling to the
products and supplies oppose the initiation of life, which is a fundamental Court. The appeal was lodged after President Amoyo's term had ended.
human right, and the sanction of contraceptive use contravenes natural law
and is an affront to the dignity of man. (a) Was the CA correct in saying that the writ of amparo rendered unnecessary
the issuance of the temporary protection order? (2.5%)
(b) It violates the constitutional prohibition against involuntary servitude
because it requires medical practitioners to render 48 hours of pro bono (b) Will the President's immunity from suit continue even after his term has
reproductive health services which may be against their will. ended, considering that the events covered by the Petition took place during
his term? (2.5%)
(c) It violates the Freedom of Religion, since petitioners' religious beliefs
prevent them from using contraceptives, and that any State- sponsored III
procurement of contraceptives, funded by taxes, violates the guarantee of
religious freedom. What and whose vote is required for the following acts: (2% each)

Rule on each of the above objections. (2.5% each) (a) the repeal of a tax exemption law;

II (b) a declaration of the existence of a state of war;

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, (c) the amendment of a constitutional provision through a constituent
and was brought to several military camps where she was interrogated, beaten, assembly;
mauled, tortured, and threatened with death if she would not confess her membership
in the New People's Army (NPA) and point to the location of NPA camps. She suffered (d) the resolution of a tie in a presidential election; and
for several days until she was released after she signed a document saying that she was
a surenderee, and was not abducted or harmed by the military. After she was released, (e) the extension of the period for the suspension of the privilege of the writ of
 habeas corpus? has been engaged in the practice of law for five years; and

IV (e) The nomination by a national party-list of a person who is not one of its
bona fide members.
The Province of Amaya is one of the smallest provinces in the Philippines with only one
legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro. VI

Andres, a resident and registered voter of Cuatro municipality, ran and was elected as Ang Araw, a multi-sectoral party-list organization duly registered as such with the
member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local Commission on Elections (Comelec), was proclaimed as one of the winning party-list
elections. groups in the last national elections. Its first nominee, Alejandro, assumed office as the
party-list representative.
While Andres was serving his second term as ·sp member, a law was enacted re-
apportioning the four towns of Amaya into two legislative districts: Uno and Dos About one year after Alejandro assumed office, the Interim Central Committee of Ang
comprising the First District, and Tres and Cuatro comprising the Second District. Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its
second nominee. Alejandro questioned before the Comelec his expulsion and
In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya replacement by Andoy.
representing the Second District.
The Comelec considered Alejandro's petition as an intra-party dispute which it could
Andres seeks your legal advice regarding his intention to run as a member of the SP of resolve as an incident of its power to register political parties; it proceeded to uphold
Amaya for the Second District in the next local elections in 2019. What will you advise the expulsion.
Andres? (2.5%)
Is the Comelec's ruling correct? (5%)
V
VII
State whether or not the following acts are constitutional: (2% each)
The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as
(a) A law prescribing as qualifications for appointment to any court lower than contenders.
the Supreme Court, Philippine citizenship, whether natural-born or naturalized,
35 years of age on the date of appointment, and at least eight years as a Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy
member of the Philippine Bar; (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a
copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration
(b) A law requiring all candidates for national or local elective offices to be (Bl) showing that Anacleto used the same passport several times to travel to and from
college degree holders; Manila and Madrid or Barcelona.

(c) The designation by the President of an acting Associate Commissioner of the In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied
Civil Service Commission; with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act
of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and
(d) The appointment by the President as Deputy Ombudsman of a lawyer who executing a sworn renunciation of his Spanish citizenship. He defended the use of his
Spanish passport subsequent to taking his oath of allegiance to the Philippines as a Are Anselmo and Ambrosio correct? (5%)
practical necessity since he had yet to obtain his Philippine passport despite reacquiring
his Philippine citizenship. Even after he secured his Philippine passport, he said he had IX
to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his
wife and minor children. In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

(a) Based on the allegations of the parties, is there sufficient ground to cancel In 2008, Agripina retired and returned to the Philippines to permanently reside in her
Anacleto's CoC? (2.5%) hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina
took her oath of allegiance and executed a sworn renunciation of her Canadian
(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of citizenship in accordance with R.A. No. 9225.
Ardania City: Arnaldo, who obtained the second highest number votes, or
Andrea, the duly-elected Vice Mayor of the City? (2.5%) In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections.
Agripina's political rivals lost no time in causing the filing of various actions to question
VIII her candidacy. They questioned her eligibility to run as member of Congress. Since
Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform
Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due an act to perfect her Philippine citizenship.
Course were filed with the Comelec against two candidates running as municipal
mayors of different towns. Hence, they claimed that Agripina could not be considered a natural-born citizen.
Agripina raised the defense that, having complied with the requirements of R.A. No.
The first petition was against Anselmo. Years ago, Anselmo was charged and convicted 9225, she had reacquired, and was deemed never to have lost, her Philippine
of the crime of rape by final judgment, and was sentenced to suffer the principal citizenship.
penalty of reclusion perpetua which carried the accessory penalty of perpetual
absolute disqualification. While Anselmo was in prison, the President commuted his Is Agripina disqualified to run for Congress for failing to meet the citizenship
sentence and he was discharged from prison. requirement? (2.5%)

The second petition was against Ambrosio. Ambrosio's residency was questioned X
because he was allegedly a "green card holder," i.e.,  a permanent resident of the US, as
evidenced by a certification to this effect from the US Embassy. Ascertain the constitutionality of the following acts: (2.5% each)

Acting on the recommendations of its Law Department, the Comelec en banc motu (a) An investigation conducted by the Ombudsman against a Commissioner of
proprio  issued two resolutions granting the petitions against Anselmo and Ambrosio. the Commission on Audit for serious misconduct.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing (b) A law prohibiting any court, other than the Supreme Court, from issuing a
the resolutions cancelling their respective CoCs. Both claimed that the Comelec en writ of injunction against an investigation being conducted by the Ombudsman.
bane acted with grave abuse of discretion amounting to lack or excess of jurisdiction
because the petitions should have first been heard and resolved by one of the (c) A law prohibiting any appeal from the decision or final order of the
Comelec's Divisions. Ombudsman in an administrative proceeding, except through a petition for
 review on certiorari  filed before the Supreme Court. Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall
promulgate its rules on impeachment to effectively carry out the purposes of this
XI section."

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement Are the rules promulgated pursuant to these provisions subject to review and
(VFA), the custody of a United States (US) personnel who becomes subject to criminal disapproval by the Supreme Court? (5%)
prosecution before a Philippine court shall be with the US military authorities, if the
latter so requests. The custody shall begin from the commission of the offense until the XIII
completion of all judicial proceedings. However, when requested, the US military
authorities shall make the US personnel available to Philippine authorities for any PO1 Adrian Andal is known to have taken bribes from apprehended motorists who
investigative or judicial proceeding relating to the offense with which the person has have violated traffic rules. The National Bureau of Investigation conducted an
been charged. In the event that the Philippine judicial proceedings are not completed entrapment operation where P01 Adrian was caught red-handed demanding and taking
within one year, the US shall be relieved of any obligation under Section 6. PhP500.00 from a motorist who supposedly beat a red light.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) After he was apprehended, PO1 Adrian was required to submit a sample of his urine.
it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was
courts in the Philippines; and (2) it violates the equal protection clause to the extent charged with violation of Section 15, Article II of R.A. No. 9165 or the Comprehensive
that it allows the transfer of the custody of an accused to a foreign power as providing Dangerous Drugs Act of 2002.
a different rule of procedure for that accused.
PO1 Adrian argues against the admissibility of the urine test results and seeks its
Rule on the challenge. (5%) exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of
the accused's right to privacy and right against self-incrimination.
XII
Are PO1 Adrian's contentions correct? (2.5%)
Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt
internal rules governing the allotment of cases among its divisions, the rotation of XIV
justices among them, and other matters relating to the internal operations of the court.
Amoroso was· charged with treason before a military court martial. He was acquitted.
Section 6 of Article IX-A of the Constitution allows each of the Constitutional
Commissions "en bane [to] promulgate its own rules concerning pleadings and practice He was later charged with the same offense before a Regional Trial Court. He asks that
before it or before any of its offices. Such rules however shall not diminish, increase, or the information be quashed on the ground of double jeopardy.
modify substantive rights."
The prosecution objects, contending that for purposes of double jeopardy, the military
Section 16(3) of Article VI of the Constitution states that "Each House may determine court martial cannot be considered as a "competent court."
the rules of its proceedings." Section 21, Article VI of the Constitution further provides
that "The Senate or the House of Representatives or any of its respective committees Should the Regional Trial Court grant Amoroso's motion to quash on the ground of
may conduct inquiries... in accordance with its duly published rules of procedure." double jeopardy? (2.5%)
 XV raped and killed the student, and Ariston nodded and said, "Opo." Upon arriving at the
police station, Ariston saw the City Mayor, whom he approached and asked if they
Annika sued the Republic of the Philippines, represented by the Director of the Bureau could talk privately. The Mayor led Ariston to his office and, while there in conversation
of Plant Industry, and asked for the revocation of a deed of donation executed by her in with the Mayor, Ariston broke down and admitted that he raped and killed the student.
favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee The Mayor thereafter opened the door of the room to let the public and media
failed to install lighting facilities and a water system on the property donated, and to representatives witness Ariston's confession. In the presence of the Mayor, the police
build an office building and parking lot thereon, which should have been constructed and the media, and in response to questions asked by some members of the media,
and made ready for occupancy on or before the date fixed in the deed of donation. Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

The Republic invoked state immunity and moved for the dismissal of the case on the Which of these extrajudicial confessions, if any, would you consider as admissible in
ground that it had not consented to be sued. Should the Republic's motion be granted? evidence against Ariston? (5%)
(2.5%)
XVIII
XVI
Two police teams monitored the payment of ransom in a kidnapping case.
Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their
checked-in luggage, they placed all their bags in one pushcart and proceeded to The bag containing the ransom money was placed inside an unlocked trunk of a car
Express Lane 5. They were instructed to place their luggage on the examiner's table for which was parked at the Angola Commercial Center in Mandaluyong City.
inspection.
The first police team, stationed in an area near where the car was parked, witnessed
The examiner found brown-colored boxes, similar in size to powdered milk boxes, the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers
underneath the clothes inside the foreigners' bags. The examiner discovered white thereafter boarded their car and proceeded towards the direction of Amorsolo St. in
crystalline substances inside the boxes that he inspected and proceeded to bundle all Makati City where the second police team was waiting.
of the boxes by putting masking tape around them. He thereafter handed the boxes
over to Bureau of Customs agents. The agents called out the names of the foreigners Upon confirmation by radio report from the first police team that the kidnappers were
one by one and ordered them to sign their names on the masking tape placed on the heading towards their direction, the second police team proceeded to conduct
boxes recovered from their respective bags. The contents of the boxes were thereafter surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial
subjected to tests which confirmed that the substance was shabu. Center in Makati City, and the police team finally blocked it when it slowed down. The
members of the second police team approached the vehicle and proceeded to arrest
Can the shabu found inside the boxes be admitted in evidence against the five the kidnappers.
foreigners for the charge of illegal possession of drugs in violation of the
Comprehensive Dangerous Drugs Act of 2002? (2.5%) Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

XVII XIX

The police served a warrant of arrest on Ariston who was suspected of raping and President Alfredo died during his third year in office. In accordance with the
killing a female high school student. While on the way to the police station, one of the Constitution, Vice President Anastasia succeeded him. President Anastasia then
police officers who served the warrant asked Ariston in the local dialect if he really nominated the late President Alfredo's Executive Secretary, Anna Maria, as her
replacement as Vice President. The nomination was confirmed by a majority of all the
Members of the House of Representatives and the Senate, voting separately.

(a) Is Anna Maria's assumption as Vice President valid? (2.5%)

(b) Can Anastasia run as President in the next election? (2.5%) I

XX Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the
Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for
Andreas and Aristotle are foreign nationals working with the Asian Development Bank ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle's property,
(ADS) in its headquarters in Manila. Both were charged with criminal acts before the which is located in Digos City, Davao del Sur, has an assessed value of PhP 25,000.
local trial courts. Appended to the complaint was Danielle's certification on non-forum shopping
executed in Davao City duly notarized by Atty. Dane Danoza, a notary public.
Andreas was caught importing illegal drugs into the country as part of his "personal
effects" and was thus charged with violation of Comprehensive Dangerous Drugs Act of (a) Was there a need to refer the case to the Lupong Tagapamayapa  for
2002. Before the criminal proceedings could commence, the President had him prior barangay  conciliation before the court can take cognizance of the case?
deported as an undesirable alien. Aristotle was charged with grave oral defamation for (2.5%)
uttering defamatory words against a colleague at work. In his defense, Aristotle claimed
diplomatic immunity. He presented as proof a communication from the Department of (b) Was the action properly instituted before the RTC of Davao City? (2.5%)
Foreign Affairs stating that, pursuant to the Agreement between the Philippine
Government and the ADS, the bank's officers and staff are immune from legal (c) Should the complaint be verified or is the certification sufficient? (2.5%)
processes with respect to acts performed by them in their official capacity.
II
(a) Can the President's act of deporting an undesirable alien be subject to
judicial review? (2.5%) Dendenees Inc. and David, both stockholders owning collectively 25% of Darwinkle Inc.,
filed an action before the RTC of Makati to compel its Board of Directors (BOD) to hold
(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%) the annual stockholders' meeting (ASM) on June 21, 2017, as required by Darwinkle
Inc. 's By-Laws, with prayer for preliminary mandatory injunction to use as record date
April 30, 2017. The complaint alleged, among others, that the refusal to call the ASM on
June 21, 2017 was rooted in the plan of the BOD to allow Databank Inc. (which would
have owned 50% of Darwinkle Inc. after July 15, 2017) to participate in the ASM to
effectively dilute the complainants' shareholdings and ease them out of the BOD.
Dendenees Inc. and David paid the amount of PhP 7 ,565 as filing fees based on the
assessment of the Clerk of Court. The BOD filed a motion to dismiss on the ground of
lack of jurisdiction. They averred that the filing fees should have been based on the
actual value of the shares of Dendenees Inc. and David, which were collectively worth
2018 BAR EXAMINATIONS PhP 450 million.
REMEDIAL LAW
If you were the Judge, will you grant the motion to dismiss? (5%) Section 1 of the Rules of Court, in view of the previous dismissal of the first case.

III Will the two-dismissal rule apply making the second dismissal with prejudice? (5%)

On February 3, 2018, Danny Delucia, Sheriff of the RTC of Makati, served the Order V
granting the ex-parte  application for preliminary attachment of Dinggoy against
Dodong. The Order, together with the writ, was duly received by Dodong. On March 1, Dorton Inc. (Dorton) sued Debra Commodities Inc. (Debra), Daniel, and Debbie in the
2018, the Sheriff served upon Dodong the complaint and summons in connection with RTC of Manila for recovery of sum of money. The complaint alleged that, on October
the same case. The counsel of Dodong filed a motion to dissolve the writ. 14, 2017, Debra obtained a loan from Dorton in the amount of PhP 10 million with
interest of 9% per annum.  The loan was evidenced by a promissory note (PN) payable
(a) Can the preliminary attachment issued by the Court in favor of Dinggoy be on demand signed by Daniel and Debbie, the principal stockholders of Debra, who also
dissolved? What ground/s can Dodong's counsel invoke? (2.5%) executed a surety agreement binding themselves as sureties. Copies of both the PN and
the surety agreement were attached to the complaint. Dorton further alleged that it
(b) If Dodong posts a counter bond, is he deemed to have waived any of his made a final demand on March 1, 2018 for Debra and the sureties to pay, but the
claims for damages arising from the issuance of the Order and writ of demand was not heeded.
attachment? (2.5%)
Debra, Daniel, and Debbie filed their answer, and raised the affirmative defense that,
IV while the PN and the surety agreement appeared to exist, Daniel and Debbie were
uncertain whether the signatures on the documents were theirs. The PN and the surety
Dick Dixson had sons with different women - (i) Dexter with longtime partner Delia and agreement were pre-marked during pre-trial, identified but not authenticated during
(ii) Dongdong and Dingdong with his housemaid Divina. When Dick fell ill in 2014, he trial, and formally offered.
entrusted all his property titles and shares of stock in various companies to Delia who,
in turn, handed them to Dexter for safekeeping. After the death of Dick, Dexter induced Can the RTC of Manila consider the PN and the surety agreement in rendering its
Dongdong and Dingdong to sign an agreement and waiver of their right to Dick's estate decision? (5%)
in consideration of PhP 45 million. As Dexter reneged on his promise to pay, Dongdong
and Dingdong filed a complaint with the RTC of Manila for annulment of the agreement VI
and waiver. The summons and complaint were received by Dalia, the housemaid of
Dexter, on the day it was first served. Dexter filed a motion to dismiss on the ground of Daribell Inc. (Daribell) filed a complaint for sum of money and damages against spouses
lack of jurisdiction over his person. RTC Manila granted the motion to dismiss. Dake and Donna Demapilis for unpaid purchases of construction materials in the sum
of PhP 250,000. In their answer, spouses Demapilis admitted the purchases from
Dongdong and Dingdong thereafter filed a new complaint against Dexter for annulment Daribell, but alleged that they could not remember the exact amount since no copies of
of the agreement and waiver. Before Dexter could file his answer, Dongdong and the documents were attached to the complaint. They nevertheless claimed that they
Dingdong filed a motion to withdraw their complaint praying that it be dismissed made previous payments in the amounts of PhP 110,000 and PhP 20,000 and that they
without prejudice. An Order was issued granting the motion to withdraw without were willing to pay the balance of their indebtedness after account verification. In a
prejudice on the basis that the summons had not yet been served on Dexter. Dexter written manifestation, spouses Demapilis stated that, in order to buy peace, they were
filed a motion for reconsideration of the order of dismissal. He argued that the willing to pay the sum of PhP 250,000, but without interests and costs. Subsequently,
dismissal should have been with prejudice under the "two-dismissal rule" of Rule 17, Daribell filed a motion for partial summary judgment. Thereafter, Daribell filed an
amended complaint, alleging that the total purchases of construction materials were
PhP 280,000 and only PhP 20,000 had been paid. Daribell also served upon the spouses case? (2.5%)
Demapilis a request for admission asking them to admit to the genuineness of the
statement of accounts, delivery receipts and invoices, as well as to the value of the VIII
principal obligation and the amount paid as stated in the amended complaint.
Spouses Dondon and Donna Dumdum owned a residential lot in Dapitan City. Doy
Daribell thereafter amended the complaint anew. The amendment modified the period Dogan bought said lot and took possession thereof with the promise to pay the
covered and confirmed the partial payment of PhP 110,000 but alleged that this purchase price of PhP 2 million within a period of six (6) months. After receiving only
payment was applied to the spouses' other existing obligations. Daribell however PhP 500,000, spouses Dumdum executed the deed of absolute sale and transferred the
reiterated that the principal amount remained unchanged. title to Doy Dogan. The balance was not paid at all. Spouses Dumdum, through counsel,
sent a demand letter to Doy Dogan for him to pay the balance of PhP 1.5 million plus
(a) Is the request for admission deemed abandoned or withdrawn by the filing interest of PhP150,000. Doy Dogan responded in a letter by saying that "while the
of the second amended complaint? (2.5%) remaining balance is admitted, the interest charged is excessive." There being no
payment, spouses Dumdum filed with the RTC of Dapitan City a complaint for
(b) Can the amendment of the complaint be allowed if it substantially alters the reconveyance with damages against Doy Dogan.
cause of action? (2.5%)
In his answer, Doy Dogan raised, by way of affirmative defense, that the purchase price
(c) Can the facts subject of an unanswered request for admission be the basis had been fully paid and for this reason the complaint should have been dismissed.
of a summary judgment? (2.5%) Spouses Dumdum then filed a motion for judgment on the pleadings which was
granted by the RTC of Dapitan City. The Court awarded PhP1 .5 million actual damages
VII representing the balance of the purchase price, PhP 200,000 as moral damages, PhP
200,000 as exemplary damages, PhP 90,000 as interest, PhP 50,000 as attorney's fees,
Dory Enterprises Inc. (Dory) leased to Digna Corporation (Digna) a parcel of land and PhP 5,000 as cost of suit.
located in Diliman, Quezon City. During the term of the lease, Digna was informed by
DBS Banking Corporation (DBS) that it had acquired the leased property from the Was it proper for the RTC of Dapitan City to grant the motion for judgment on the
former owner Dory, and required Digna to pay the rentals directly to it. Digna promptly pleadings? (2.5%)
informed Dory of DBS' claim of ownership. In response, Dory insisted on its right to
collect rent on the leased property. IX

Due to conflicting claims of Dory and DBS over the rental payments, Digna filed a In 2015, Dempsey purchased from Daria a parcel of land located in Dumaguete, Negros
complaint for interpleader in the RTC of Manila. Digna prayed that it be allowed to Oriental. The latter executed a deed of absolute sale and handed to Dempsey the
consign in court the succeeding monthly rentals, and that Dory and DBS be required to owner's duplicate copy of TCT No. 777 covering the property. Since he was working in
litigate their conflicting claims. It later appeared that an action for nullification of Manila and still had to raise funds to cover taxes, registration and transfer costs,
a dacion en pago  was filed by Dory against DBS in the RTC of Quezon City. In said case, Dempsey kept the TCT in his possession without having transferred it to his name. A
Dory raised the issue as to which of the two (2) corporations had a better right to the few years thereafter, when he already had the funds to pay for the transfer costs,
rental payments. Dory argued that, to avoid conflicting decisions, the interpleader case Dempsey went to the Register of Deeds of Dumaguete and discovered that, after the
must be dismissed. sale, Daria had filed a petition for reconstitution of the owner's duplicate copy of TCT
No. 777 which the RTC granted. Thus, unknown to Dempsey, Daria was able to secure a
Does the action for nullification of the dacion en pago  bar the filing of the interpleader
new TCT in her name. that the issue of J. Dong's citizenship was still being litigated in another case.

What is Dempsey's remedy to have the reconstituted title in the name of Daria When the OSG refused to initiate a quo warranto  proceeding, Atty. Dacio filed a
nullified? (5%) petition for certiorari  against the OSG and certiorari  and prohibition against J. Dong.
The petition for certiorari  against the OSG alleged that the OSG committed grave abuse
X of discretion when it deferred the filing of a quo warranto  proceeding against J. Dong,
while the petition for certiorari  and prohibition against J. Dong asked the Court to
In a buy-bust operation, 30 kilos of shabu  were seized from Dave and Daryll. They were order him to cease and desist from further exercising his powers, duties and
arrested and placed on inquest before Prosecutor Danilo Doon who ordered their responsibilities as CA Justice. In both instances, Atty. Dacio relied on the fact that, at
continued detention. Thereafter, the information for the sale and distribution the lime of J. Dong's appointment as CA Justice, his birth certificate indicated that he
of shabu  was filed in court. When arraigned, Dave and Daryll pleaded not guilty to the was a Chinese citizen and his bar records showed that he was a naturalized Filipino
charge. During pre-trial, counsel for both of the accused raised, for the first time, the citizen.
illegality of the arrest. The case proceeded to trial. After trial, the court scheduled the
promulgation of judgment with notice to both the accused and their counsel, Atty. (a) May the OSG be compelled, in an action for certiorari,  to initiate a quo
Dimayuga. During the promulgation, only Dave and Atty. Dimayuga were present. Both warranto  proceeding against J. Dong? (2.5%)
the accused were convicted of the crime charged.
(b) Does Atty. Dacio have the legal personality to initiate the action
(a) Was the challenge to the validity of the arrest timely raised? (2.5%) for certiorari  and prohibition against J. Dong? (2.5%)

(b) What is the remedy available to Daryll, if any, to be able to file an appeal? XII
(2.5%)
Dodo was knocked unconscious in a fist fight with Dindo. He was rushed to the
XI emergency room of the Medical City where he was examined and treated by Dr. Datu.
As he was being examined, a plastic sachet appearing to contain shabu  fell from Dodo's
In 2007, Court of Appeals Justice (CA Justice) Dread Dong (J. Dong) was appointed to jacket which was on a chair beside him. Dodo was thus arrested by the same policemen
the Supreme Court (Court) as Associate Justice. Immediately after the appointment was who assisted him to the hospital. At Dodo's trial, the public prosecutor called Dr. Datu
announced, several groups questioned his qualification to the position on the ground to the witness stand. When the public prosecutor asked Or. Datu as to what he saw in
that he was not a natural born Filipino citizen. In the same year, the Court issued an the emergency room, Dodo's counsel objected, claiming doctor-patient privilege rule.
Order enjoining him from accepting the appointment or assuming the position and
discharging the functions of his office until he is able to successfully complete all the How would you rule on the objection? (2.5%)
necessary steps to show that he is a natural born citizen of the Philippines. However, he
continued to exercise his functions as CA Justice. XIII

Since the qualification of a natural born citizen applies as well to CA Justices, Atty. Denny is on trial for homicide. The prosecution calls Danilo, a police officer, who
Dacio, a practicing lawyer, asked the Office of the Solicitor General (OSG), through a interviewed the victim, Drew, shortly after the shooting. Danila's testimony is being
verified request, to initiate a quo warranto  proceeding against J. Dong in the latter's offered by the prosecution for purposes of proving that (i) Drew is now dead; (ii) while
capacity as incumbent CA Justice. The OSG refused to initiate the action on the ground in the emergency room, Drew was posting his medical condition on Facebook and was
"liking" the posts of his Facebook friends; (iii) Drew asked the nurse for water but was
refused because he was bleeding, which subsequently angered Drew; and (iv) that lnstagram account and in one instance saw Danjo wearing his Rolex watch. He filed a
before dying, Drew signed a statement in which he identified Denny as the shooter. complaint for qualified theft against Danjo with the Office of the Prosecutor (OP),
Quezon City. The subpoena with the affidavit-complaint was served on Denden, Danjo's
Is the proposed testimony of Danilo admissible? (2.5%) wife, at their house. No counter-affidavit was filed by Danjo who continued to work in
Riyadh. After conducting a preliminary investigation, the OP found probable cause
XIV against Danjo and subsequently filed the information for qualified theft before the RTC
of Quezon City. The court likewise found probable cause and issued in 2016 a warrant
Dave is on trial for sexual assault of Delly, a law student who sidelines as a call center for Danjo's arrest.
agent. Dave offers the testimony of Danny, who says that Dave is known in the
community as a decent and discerning person. The prosecution presents a rebuttal Danjo was repatriated to the Philippines in 2018. While Danjo was lurking outside the
witness, Dovie, who testifies that, if Dave was reputed to be a good person, that Dys' house, which was only about 100 meters away from the police station, SPO1 Dody
reputation was a misperception because Dave had been previously convicted of recognized Danjo. Realizing that the police station had a copy of Danjo's warrant of
homicide. arrest, SPO1 Dody immediately pursued and arrested Danjo.

Is Dovie's testimony admissible as to the character of Dave? (2.5%) (a) Was the warrant of arrest issued against Danjo who was not in the
Philippines valid? (2.5%)
XV
(b) Can the warrant of arrest be served on Danjo upon his return? (2.5%)
Atty. Dalmacio, the Director of the National Bureau of Investigation, applied for a
search warrant before the Executive Judge of RTC Manila. He alleged in his application XVII
that a certain alias Django was keeping about 10 kilos of shabu  in a wooden cabinet
located at Dillian's Store in Paseo de Sta. Rosa, Laguna. The Executive Judge of Manila Don Deles, a contractor, was sued together with Mayor Dante Dungo and Congressman
personally examined Atty. Dalmacio and his witnesses and thereafter issued the search Dal Dilim for malversation of public funds before the Office of the Ombudsman. Danny
warrant particularly describing the place to be Din, a material witness of the complainant Diego Domingo, was hired as an engineer by
a construction company in Qatar, and had to depart in two (2) months. To perpetuate
searched and the items to be seized. Danny Din's testimony, Diego Domingo applied for his conditional examination before
the Sandiganbayan.
(a) Can the search warrant issued by the Executive Judge of Manila be enforced
in Laguna? (2.5%) Should the application for conditional examination of Danny Din be granted? (2.5%)

(b) Can the legal concept of "venue is jurisdictional" be validly raised in XVIII
applications for search warrants? (2.5%)
The Republic of the Philippines (Republic) filed a complaint with the Sandiganbayan in
XVI connection with the sequestered assets and properties of Demo Companies Inc.
(Demo) and impleaded its officers and directors. Since the complaint did not include
Danjo, a stay-in gardener at the Dy family home in Quezon City, applied for overseas Demo as defendant, the Sandiganbayan issued a Resolution where it ordered Demo to
employment in Riyadh as a flower arranger. After he left for abroad, Dino Dy, head of be impleaded. Thereafter, the Republic filed an amended complaint naming Demo as
the family, discovered that all his wristwatches were missing. Dino followed Danjo's
additional defendant, which amendment was later admitted. XX

Demo filed a motion for bill of particulars for the Republic to clarify certain matters in Dominic was appointed special administrator of the Estate of Dakota Dragon. Delton,
its amended complaint. The Sandiganbayan immediately granted the motion. Upon husband of Dakota, together with their five (5) children, opposed the appointment of
submission of the bill of particulars by the Republic, Demo filed a motion to dismiss Dominic claiming that he (Dominic) was just a stepbrother of Dakota. After giving
arguing that the answers in the bill of particulars were indefinite and deficient Dominic the chance to comment, the court issued an Order affirming the appointment
responses to the question of what the alleged illegally acquired funds or properties of of Dominic.
Demo were. The Sandiganbayan dismissed the case.
(a) What is the remedy available to the oppositors? (2.5%)
(a) Was the Sandiganbayan correct in dismissing the case? (2.5%)
(b) If there are no qualified heirs, can the government initiate escheat
(b) What can the defendant, in a civil case, do in the event that his motion for proceedings over the assets of the deceased? To whom, in particular, shall the
bill of particulars is denied? (2.5%) estate of the deceased go and for whose benefit? (2.5%)

XIX XXI

Drylvik, a German national, married Dara, a Filipina, in Dusseldorf, Germany. When the The municipality of Danao, Cebu was a quiet and peaceful town until a group of miners
marriage collapsed, Dara filed a petition for declaration of nullity of marriage before from Denmark visited the area and discovered that it was rich in nickel. In partnership
the RTC of Manila. Drylvik, on the other hand, was able to obtain a divorce decree from with the municipal mayor, the Danish miners had to flatten 10 hectares of forest land
the German Family Court. The decree, in essence, states: by cutting all the trees before starting their mining operations. The local DENR,
together with the Samahan Laban sa Sumisira sa Kalikasan,  filed a petition for writ
The marriage of the Parties contracted on xxx before the Civil Registrar of of kalikasan  against the municipal mayor and the Danish miners in the RTC of Cebu.
Dusseldorf is hereby dissolved. The parental custody of the children Diktor and
Daus is granted to the father. (a) Is the petition within the jurisdiction of the RTC of Cebu? (2.5%)

Drylvik filed a motion to dismiss in the RTC of Manila on the ground that the court no (b) What is the Precautionary Principle? (2.5%)
longer had jurisdiction over the matter as a decree of divorce had already been
promulgated dissolving his marriage to Dara. Dara objected, saying that while she was XXII
not challenging the divorce decree, the case in the RTC still had to proceed for the
purpose of determining the issue of the children's custody. Drylvik counters that the Danica obtained a personal loan of PhP 180,000 from Dinggoy, payable in 18 equal
issue had been disposed of in the divorce decree, thus constituting res judicata. monthly installments of PhP 10,000 until fully paid. In order to complete her payment
at an earlier date, Danica instead paid PhP 20,000 monthly, and continued doing so
(a) Should Drylvik's motion to dismiss be granted? (2.5%) until the 15th month, which payments Dinggoy all accepted. Later on, she realized that
she had overpaid Dinggoy by 100% as she should have already completed payment in
(b) Is a foreign divorce decree between a foreign spouse and a Filipino spouse, nine (9) months. She demanded the return of the excess payment, but Dinggoy
uncontested by both parties, sufficient by itself to cancel the entry in the civil completely ignored her. Thus, Danica availed of the Rules of Procedure for Small Claims
registry pertaining to the spouses' marriage? (2.5%) Cases by filing before the Municipal Trial Court (MTC) a statement of claim, together
with the required documents.

Should the MTC proceed with the case under the: (i) Revised Rules Summary
Procedure; (ii) the Rules of Procedure for Small Claims; or (iii) the regular procedure for
civil cases? (5%) PART I

Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All

answers to these questions should be written in Booklet I.

A.1.

In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was
crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X.
As a result, Mrs. A sustained serious injuries and further, suffered an unintentional
abortion. Mrs. A was hospitalized for two (2) months, during which she incurred
₱400,000.00 in medical fees. Her expenses were all duly substantiated by official
receipts. During the two (2)-month period of her confinement, she was unable to
report for work and earn any salary, which was established at the rate of ₱50,000.00
per month. Mrs. A then filed a civil case for damages against Mr. X.

(a) Based on the case filed by Mrs. A, what is the source of Mr. X's obligation
to her as a result of his acts? Explain. (2%)

(b) May Mrs. A claim actual damages from Mr. X? If so, how much can Mrs. A
claim? Explain. (2%)

(c) May Mrs. A claim damages on behalf of her unborn baby? Explain. (3%)

(d) What must Mrs. A prove if she wants to recover moral damages from Mr.
X? (2%)
2019 BAR EXAMINATIONS
CIVIL LAW A.2.

Hand W were married in 1990. H, being a member of the Armed Forces of the
Philippines (AFP), was deployed to a rebel-infested area in 1992. Since then, W has not
heard from her husband, H. finality.

One day, the AFP informed W that H had been declared missing since 1995. In May the legal effects of the divorce decree be recognized in the Philippines,
consequence, W diligently pursued all available means to ascertain her husband's and consequently, capacitate F to remarry here? Explain. (3%)
whereabouts, but to no avail.
A.5.
Firmly believing that H had already died, W filed a claim before the AFP in 2008 for the
death benefits of the missing serviceman. However, the AFP, despite being cognizant of X and Y were in a live-in relationship for the longest time, and were already blessed
H's status, would not act on the claim, contending that H could not be presumed dead with a child, Z. They finally decided to get married on March 15, 2020. When X's
unless a judicial declaration to this effect is issued by the proper court. parents found about the news, they were thrilled and thus, donated in favor of Z, the
family heirloom, particularly, a gold ring valued at ₱250,000.00, which X and Y orally
In what instance/s is a judicial declaration of presumptive death necessary? accepted on behalf of their minor child. One day, X and Y got into a serious quarrel,
In this case, is the contention of the AFP correct? Explain. (3%) which resulted in them setting aside their marriage plans.

A.3. (a) Is the donation to Z valid? Explain. (3%)

Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their marriage, (b) Assuming that the donation to Z is valid, may X's parents revoke the
Mr. Reyes cohabited with another woman, Ms. Cruz. Out of Mr. Reyes and Ms. Cruz's donation on the ground that the marriage of X with Y did not push through?
illicit relationship, a child named C was born. In C's birth certificate, "Cruz" appears as Explain. (3%)
the child's surname, although Mr. Reyes expressly acknowledged C as his child.
A.6.
In 2018, Mr. Reyes and Ms. Cruz ended their relationship. Mr. Reyes thereafter lodged
a petition in court for parental custody and change or correction of C's surname in the Name at least two (2) exclusions from the following property regimes as enumerated
child's birth certificate from "Cruz" to "Reyes." At that time, C was only ten (10) years under the Family Code:
old.
(a) Absolute community of property (2%)
(a) Should Mr. Reyes be granted custody of C? Explain. (2.5%)
(b) Conjugal partnership of gains (2%)
(b) Can Mr. Reyes validly compel the change or correction of C's surname
from "Cruz" to "Reyes"? Explain. (2.5%) A.7.

A.4. Believing that he owned a certain parcel of land and completely unaware of any defect
in his title thereto, Mr. A started to build a house thereon. When Mr. P, the real owner
F, a Filipina, married J, a Japanese, in the Philippines. After three (3) years, they had a of the land learned of Mr. A's actions, Mr. P immediately demanded Mr. A to leave the
falling out and thus, separated. Soon after, F initiated a divorce petition in Japan which premises. However, Mr. A refused to leave, and instead, asserted that as a builder in
was not opposed by J because under Japanese law, a grant of divorce will capacitate good faith, Mr. P is obliged to sell the land to him.
him to remarry. F's divorce petition was then granted by the Japanese court with
 (a) Is the claim of Mr. A correct? Explain. (3%) for damages against X, Inc. In defense, X, Inc. contended that pursuant to the Civil
Code, Village L, as the lower estate, was obliged to receive the waters descending from
(b) Assuming that Mr. P all the while, knew but did not object to Mr. A's Village H, the higher estate. Hence, it cannot be held liable for damages.
construction of the house on his property, may Mr. A compel Mr. P to
purchase the said improvement due to Mr. P's bad faith? Explain. (3%) Is X, Inc.'s position tenable? Explain. (3%)

A.8.

Mr. E leased a piece of land from Mr. F to be used for his sawmill business for a period - END OF PART I -
of ten (10) years. Consequently, Mr. E placed heavy machineries thereon to be used for
his aforementioned business, with the intention of removing them after the expiration Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II
of the lease period. and the answers therefor should be written in Booklet II.

Are Mr. E's heavy machineries considered real properties under the Civil
Code? Explain. (3%)
PART II
A.9.
Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
Ms. U is a usufructuary of a piece of land owned by Mr. L. During the existence of the B.20. All answers to these questions should be written in Booklet II.
usufruct, Ms. U introduced various useful improvements on the land. Upon termination
of the usufruct, Mr. L requested Ms. U to remove the said improvements, but Ms. U
refused, demanding instead that Mr. L reimburse her the value of the same.
B.11.
(a) What is a usufruct? (2%)
Mr. R is the registered owner of a parcel of land located in Cebu City covered by
(b) Is Ms. U's demand proper? Explain. (3%) Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the
lot, Mr. R and his family had been in continuous, open, and peaceful possession
A.10. thereof. Mr. R died in 1980, resulting in the land being transferred in the names of his
heirs, i.e., A, B, and C, who became registered owners thereof as per TCT No. 5678.
Village Hand Village L are adjoining residential villages in a mountainous portion of During the entire time, said land had never been encumbered or disposed, and that its
Antipolo City, Rizal, with Village L being lower in elevation than Village H. In an effort to possession always remained with them.
beautify Village H, its developer, X, Inc., constructed a clubhouse which included an
Olympic-sized swimming pool and an artificial lagoon on a portion of land overlooking Sometime in 1999, A, B, and C wanted to build a concrete fence around the parcel of
Village L. land, but they were opposed by Mrs. X, who started claiming ownership over the same
property on the strength of a Deed of Absolute Sale purportedly entered into by her
During the monsoon season, the continuous heavy rains caused Village H's swimming with Mr. R during the time that he was still alive. Aggrieved, A, B, and C intend to file a
pool and artificial lagoon to overflow, resulting into a massive spillover that damaged complaint for quieting of title against Mrs. X.
various properties in Village L. Aggrieved, the homeowners of Village L filed a complaint
 (a) What are the substantive requisites for the action to prosper? Do they in order to collect a particular sum of money he previously owed Z.
obtain in this case? Explain. (3%)
(a) Was the disinheritance of Z proper? Explain. (3%)
(b) Within what period should A, B, and C tile the complaint for quieting of
title? Explain. (2%) (b) Assuming that the disinheritance of Z was improper, how will it affect the
institution of heirs and testamentary dispositions made in H's will? Explain.
(c) Assuming that Band Care residing abroad, may A, without the knowledge (3%)
of B and C, file the complaint for quieting of title on behalf of all the heirs?
Explain. (2%) B.15.

B.12. Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q
accepted on the condition that their agreement will not take effect until after one (1)
D, an Overseas Filipino Worker, was on his way home to the Philippines after working year. Mr. P then acceded and both of them shook hands. Excited about the prospect of
for so many years in the Middle East. He had saved ₱100,000.00 in his local savings acquiring Mr. P's shares, Ms. Q approached the former and offered to pay him an
account which he intended to use to start up a business in his home country. On his earnest money equivalent to 1 % of the purchase price, which Mr. P accepted. After
flight home, tragedy struck as a suicide bomber blew up the plane. All the passengers, one (1) year, Ms. Q approached Mr. P seeking the enforcement of their agreement for
including D, died. He left behind his widowed mother M; his common-law wife, W, who Mr. P to sell his shares to her. Mr. P refused to honor their agreement, claiming that
is the mother of his twin sons, T and S; and his brother, B. He left no will, no debts, no the same was covered by the Statute of Frauds because it was not reduced into writing
other relatives, and no other properties except the money in his savings account. and hence, unenforceable.

Who are the heirs entitled to inherit from D and how much should each Is the position of Mr. P correct? Explain. (3%)
receive? Explain. (5%)
B.16.
B.13.
C Corp. entered into a contract with D, Inc. for the construction of the latter's
M, single, named his sister N in his will, as a devisee over a certain parcel of land that production warehouse. In consideration thereof, D, Inc. was obliged to pay C Corp. the
he owned, with the obligation of preserving the land and transferring it, upon N's amount of ₱50,000,000.00 within a period of one (1) month from the time of the
death, to her illegitimate daughter 0, who was then only a year old. project's completion. To secure the payment of the said sum, D, Inc. entered into a
surety agreement with S Company.
Is the condition imposed on N to preserve the land and to transmit it upon
her death to O a valid case of fideicommissary substitution? Explain. (3%) After more than a month from the completion date of the project, C Corp. remained
unpaid. Claiming that it was suffering from serious financial reverses, D, Inc. asked C
B.14. Corp. for an extension of three (3) months to pay the ₱50,000,000.00 it still owed, to
which C Corp. agreed. However, after more than three (3) months, D, Inc. still refused
Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic to pay. Hence, C Corp. proceeded to collect the above sum from the surety, S Company.
will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his
heirs, and consequently, made testamentary dispositions in their favor. H, however, For its part, S Company refused the claim and raised the defense that the extension of
expressly disinherited Z on the ground that the latter once filed a civil case against him
time granted by C Corp. to D, Inc. without its consent released it from liability. B.18.

(a) Will the defense of S Company against the claim bold water? Explain. (3%) In light of a new business venture, Mr. A entered into a lease contract with Mr. B
involving one of the latter's warehouses. One day, Mr. B, who was then encountering
(b) Assuming that S Company instead refused the claim on the ground that C financial difficulties, approached Mr. A and sought for a loan, which Mr. A readily
Corp. has yet to exhaust D, Inc.'s property to satisfy the claim before granted to him. In order to secure the loan obligation, Mr. B mortgaged the leased
proceeding against it, will this defense prosper? Explain. (2%) warehouse in favor of Mr. A. In addition, Mr. B executed a promissory note in favor of
A, wherein prior demand was waived by him.
B.17.
When Mr. B defaulted on his loan obligation, Mr. A simply stopped paying rentals due
In 2015, O, the original registered owner of a 300-square meter property covered by to Mr. B on the ground that legal compensation had already set in up to the concurrent
Original Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after, amount. Furthermore, since there was still a balance due on the promissory note, Mr. A
while O was abroad, F surreptitiously broke open O's safe and stole the duplicate copy foreclosed the real estate mortgage over Mr. B's property, without any prior demand
of the said OCT. F then forged a Deed of Absolute Sale and made it appear that O sold furnished to Mr. B.
the property to him. Consequently, F was able to have OCT No. 0-1234 cancelled and in
lieu thereof, a new title, Transfer Certificate of Title (TCT) No. T-4321, was issued in his Aggrieved, Mr. B opposed the foreclosure due to the lack of prior demand, contending
name. that the waiver of prior demand was stipulated in the promissory note and not in the
mortgage instrument. Mr. B likewise argued that when Mr. A invoked legal
A few months after, F offered the property for sale to X. After conducting the required compensation between the unpaid rentals and the loan arrearages, it amounted to a
due diligence to verify the title of F, and finding no occupant in the property during novation that resulted in the extinguishment of the loan contract between them. As
ocular inspection, X signed the contract of sale, and thereupon, fully paid the purchase such, the real estate mortgage, being a mere accessory contract to the principal loan,
price. A few days later, X was able to obtain TCT No. T-5678 under his name. was necessarily extinguished.

When O discovered F's fraudulent acts upon his return in 2017, O immediately filed a (a) May Mr. A validly claim legal compensation? Explain. (2%)
complaint for reconveyance against F and X, principally pointing out that F merely
forged his signature in the Deed of Absolute Sale purportedly made in F's favor and (b) May Mr. A validly foreclose on the real estate mortgage even without
thus, F could not have validly transferred the title thereof to X. Consequently, he prior demand to Mr. B? Explain. (2%)
sought the return of the subject property to him.
(c) Is Mr. B's claim of novation correct? Explain. (2%)
(a) Will the prayer of O for the return of the subject property prosper?
Explain. (3%) B.19.

(b) Assuming that O could no longer recover the subject property in view of Mr. A entered into a lease contract covering one of his commercial buildings with XYZ
X's registration thereof in his name, may a claim against the Assurance Fund Company, a partnership composed of X, Y, and Z, as lessee, for use as an office space.
pursuant to the provisions of the Property Registration Decree be instituted? Upon failure to receive the rental payments when they fell due, Mr. A immediately
Explain. (3%) sought payment of the same from X, Y, and Z, asserting that the individual partners are
solidarily liable together with the partnership for its debts.
X, Y, and Z disagreed with Mr. A's contention, arguing further that in any event, rentals Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y's disregard for his
should not be paid up until Mr. A makes the necessary arrangements for the repair of feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal
the defective electrical wirings in the office that caused power outages and hence, knowledge of her with the help of his buddies, A, B, and C.
made it difficult, if not impossible, for them to conduct their usual business operations.
On the day they decided to carry out the plan, and while surreptitiously waiting for Ms.
Rule on the parties' respective arguments. (5%) Y, C had a change of heart and left. This notwithstanding, Mr. X, A, and B continued
with the plan and abducted Ms. Y by forcefully taking her to a deserted house away
B.20. from the city. There, Mr. X restrained Ms. Y's arms, while A held her legs apart. B stood
as a lookout. Mr. X was then able to have carnal knowledge of Ms. Y, who was resisting
Distinguish the following: throughout the entire ordeal.

(a) Contract of sale and contract to sell (2%) Consequently, Mr. X was charged with the crime of Forcible Abduction under the
Revised Penal Code.
(b) Interruption and tolling of prescription of actions (2%)
(a) Is the charge against Mr. X proper? Explain. (3%)
2019 BAR EXAMINATIONS
CRIMINAL LAW (b) Assuming that A, B, and C are also charged, may they be held criminally
liable together with Mr. X? Explain. (2%)

PART I A.3.

Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All Mr. O, a 75-year old retiree who has been a widower for the last ten (10) years,
answers to these questions should be written in Booklet I. believed that, at past 70, he is licensed to engage in voyeurism to satisfy his lustful
desires. If not peeping into his neighbors' room through his powerful single-cylinder
telescope, he would trail young, shapely girls along the hallways and corridors of
shopping malls, While going up the escalator, he stayed a step behind a mini-skirted,
A.1. 20-year old girl, and in the heat of the moment, put his hand on her left buttock and
massaged it. The girl screamed and hollered for help. Mr. O was thus apprehended and
Define/distinguish the following terms: charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. Mr.
O's counsel, however, claimed that Mr. O should only be charged with the crime of
Unjust Vexation.
(a) Mala in se and mala prohibita (2%)
Is the contention of Mr. O's counsel tenable? Explain (2.5%)
(b) Grave, less grave, and light felonies (3%)
A.4.
(c) Aberratio ictus, error in personae, and praeter intentionem (3%)
In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On
A.2.
the night of May 15, 2010, Mr. R proceeded with his plan entered Mrs. V's bedroom by
breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently (5%)
foraged through her cabinet, and stashed all the bundles of cash and jewelries he could
find. A.6.

As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous
when he turned around, he saw Mrs. V cocking a rifle which has pointed at him. Fearing transgressions against him, Mr. A planned to bum down Mr. B's rest house.
for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her.
Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R's deeds were One night, Mr. A went to the rest house and started pouring gasoline on its walls.
discovered on the very same night as he was seen by law enforcement authorities However, just as Mr. A had lit the match for burning, he was discovered by Mr. B's
fleeing the crime scene. caretaker, Ms. C, and was consequently prevented from setting the rest house on fire.
Mr. A was then charged with Frustrated Arson.
(a) What crime/s did Mr. R commit under the Revised Penal Code? Explain
(2.5%) (a) Is the charge of Frustrated Arson proper? Explain. (2%)

(b) Based on your answer in question (a), within what period should the (b) Assuming that Mr. A successfully burned down Mr. B's rest house, and as
prosecution file the criminal charge against Mr. R in order to avoid a result, Ms. C was trapped therein and was subsequently killed in the fire,
prescription? Explain (2%) what crime/s did Mr. A commit? Explain. (3%)

(c) May Mr. R validly invoke the justifying circumstances of self-defense? A.7.
Explain (2.5%)
Mr. L is a newspaper reporter who writes about news items concerning the judiciary.
A.5. Mr. L believed that members of the judiciary can be criticized and exposed for the
prohibited acts that they commit by virtue of the public nature of their offices. Upon
In August 2018, B entered into a contract with S for the purchase of the latter's second- receiving numerous complaints from private citizens, Mr. L released a scathing
hand car in the amount of ₱400,000.00 payable in two (2) equal monthly installments. newspaper expose involving Judge G and his alleged acts constituting graft and
Simultaneously with the signing of the contract and S's turnover of the car keys, B corruption. Consequently, Mr. L was charged with the crime of Libel.
executed, issued, and delivered two (2) post-dated checks, all payable to S, with the
assurances that they will be honored on their respective maturity dates. In response, Mr. L contended that truth is a valid defense in Libel and in this relation,
claimed that he was only exposing the truth regarding Judge G's misdeeds. Further, Mr.
However, all two (2) checks were dishonored for being drawn against insufficient funds. L contended that in any event, his expose on Judge G is based on the complaints he
Consequently, notices therefore were duly issued to and received by B, but this received from private citizens, and as such, should be deemed as a mere fair
notwithstanding, no payment arrangements were made by him. Further, upon S's commentary on a matter of public interest.
investigation, it was uncovered that B's checking account had only ₱50,000.00 when its
was opened in June 2018 and no further deposits were made after that. S also found (a) Are the contentions of Mr. L tenable? Explain. (3%)
out that B knew fully well of such circumstance at the time he issued the two (2)
checks. (b) What is the effect on the criminal liability of an accused if he or she
publishes a libelous article on an online news platform? Explain. (2 %)
What crime/s should B be charges with and for how many counts? Explain
 A.8. he solemnized the marriage of X and Y, what crime may Mayor Z be charged
with under the RPC? Explain. (2.5%)
After a successful entrapment operation by the Philippine Drug Enforcement Agency,
Mr. D, a known drug pusher, was arrested on January 15, 2019 for having been A.10.
caught in flagrante delicto selling a pack of shabu, a prohibited drug, to the poseur-
buyer. Consequently, Mr. D was frisked by the arresting officer, and aluminum foils, Distinguish Rebellion under the Revised Penal Code and Terrorism under the
plastic lighters, and another plastic sachet of shabu were obtained from him. The items Human Security Act of 2007. (2.5%)
were marked immediately upon confiscation, and they were likewise inventoried and
photographed at the place of arrest. Throughout the process, a media representative
was able to witness the conduct of the marking, inventory, and photography of the
seized items in the presence of Mr. D. - END OF PART I -

Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II
Dangerous Drugs. In defense, he lamented that the chain of custody procedure under and the answers therefor should be written in Booklet II.
Section 21, Article II of the Comprehensive Dangerous Drugs Act of 2002, as amended,
was not followed because only a media representative was present. In response, the
prosecution maintained that the said media representative was a very credible reporter
and as such, the presence of any other witness was unnecessary. PART II

(a) Was the chain of custody procedure validly complied with in this case? If Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
not, was the deviation from such procedure justified? Explain. (3%) B.20. All answers to these questions should be written in Booklet II.

(b) What is the consequence of an unjustified deviation from the chain of

custody rule to the criminal case against Mr. D? Explain. (2%)
B.11.
A.9.
Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an
X and Y approached Mayor Z and requested him to solemnize their marriage. On the Indonesian-registered commercial vessel. While on board the vessel, which was still
day of the ceremony, X and Y proceeded to Mayor Z's office but he was not there. docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen.
Mayor Z's chief of staff, Mr. U, however, represented that he himself can solemnize Ms. A was seated at the front portion of the cabin and was busy using her laptop, with
their marriage and just have Mayor Z sign the marriage certificate when the latter no idea whatsoever that Ms. M was likewise onboard the ship.
comes back. Consequently, upon X and Y's assent, Mr. U solemnized the marriage,
despite his lack of authority therefor. Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian
from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's
(a) What crime may Mr. U be charged with under the Revised Penal Code immediate death. Operatives from the Philippine National Police - Maritime Command
(RPC)? Explain. (2.5%) arrested Ms. M for the killing of Ms. A and thereafter, intended to charge her under the
Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be
(b) Assuming that Mayor Z signed the marriage certificate which stated that applied and enforced against her because both she and the victim are not Filipino
nationals, and besides, the alleged crime was committed in an Indonesian-registered Was the imposition of subsidiary imprisonment proper? Explain. (3%)
vessel.
B.14.
(a) Is Ms. M's contention against the application of the RPC against her
tenable? Explain. (3%) Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This culminated in
Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X
(b) Assuming that the provisions of the RPC can be applied against Ms. M, left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X
what crime under the RPC should she be charged with? Explain. (2%) immediately went to the police station to confess what he did and told the police
where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help
B.12. of timely medical intervention. Mr. X was then charged in court with Frustrated
Homicide, to which he openly confessed his guilt upon arraignment.
In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of
Murder and was consequently sentenced with the penalty of reclusion perpetua for (a) Based on the above-stated facts, what is/are the mitigating
each count. A month after, he was likewise found guilty of five (5) counts of Grave circumstance/s that may be appreciated in favor of Mr. X. Explain. (2%)
Threats in a separate criminal proceeding, and hence, meted with the penalty
of prision mayor for each count. (b) Under the Revised Penal Code, Homicide is punished with the penalty
of reclusion temporal. Without applying the Indeterminate Sentence Law,
(a) What are the respective durations of the penalties of reclusion what penalty should be imposed against Mr. X assuming that he is found
perpetua and prision mayor? (3%) guilty of the charge of Frustrated Homicide, and that the presence of two (2)
ordinary mitigating circumstances have been duly alleged and proven?
(b) How long will Mr. N serve all his penalties of imprisonment? Explain. Explain. (3%)
(2.5%)
B.15.
(c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with
respect to his convictions for Murder and Grave Threats? Explain. (3%) In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal
Code. After due proceedings, the Regional Trial Court found him guilty beyond
(d) Is Mr. N considered a habitual delinquent? Explain. (2.5%) reasonable doubt, and accordingly, sentenced him to suffer the penalty of
imprisonment for an indeterminate period of six (6) years and one (1) day of prision
B.13. mayor, as minimum, to fourteen (14) years and one (1) day, of reclusion temporal, as
maximum. Thereafter, Mr. P applied for probation.
Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical
Injuries, and accordingly, was sentenced to suffer the penalty of imprisonment for an (a) May Mr. P be extended the benefits of the Probation Law? Explain. (3%)
indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years,
two (2) months, and one (1) day of prision correccional, as maximum. He was also (b) In what instance may an accused who appeals a judgment of conviction
ordered to pay the victim actual damages in the amount of ₱50,000.00, with subsidiary still apply for probation? Explain. (3%)
imprisonment in case of insolvency.
B.16.
Ms. E was charged with the complex crime of Estafa through Falsification of Public What crime did Mayor T commit under the Revised Penal Code? Explain. (2%)
Documents before the trial court. Prior to her arraignment, Ms. E moved for the
dismissal of the criminal case against her, pointing out that the private offended party B.19.
is her biological father, and that such relationship is an absolutory cause under Article
332 of the Revised Penal Code (RPC). Ms. L, dean of a duly recognized private school, caught K, one of her students,
vandalizing one of the school's properties. Ms. L called K's attention and proceeded to
(a) Explain the concept of complex crimes under the RPC. (2%) scold him, causing a crowd to gather around them. Embarrassed with the situation, K
attacked Ms. L by repeatedly punching her on the face. Just as K was about to strike
(b) Is Ms. E's contention correct? Explain. (3%) Ms. L again, J, another student, intervened. K then turned his anger on J and also hit
him repeatedly, causing him physical injuries.
B.17.
What crime/s did K commit under the Revised Penal Code for his acts against
One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Ms. Land J? Explain. (3%)
Labor Arbiter assigned to the illegal dismissal case filed by certain employees against
his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in B.20.
exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and
walked away. Mr. S, a businessman and information technology practitioner, claimed to have devised
an innovative business model. He would diligently compile a list of known personalities
(a) What crime did Mr. X commit under the Revised Penal Code (RPC), if any? and entities in the fields of entertainment, arts, culture, and sports, and acquire
Explain. (2.5%) numerous domain names in the internet using the names of these known personalities
and entities for the purpose of selling these registered domain names to said
(b) Assuming that Mr. X's offer was instead accepted, should the Labor personalities and entities in the future.
Arbiter be held liable for any crime under the RPC? If so, for what crime? May
the Labor Arbiter also be held liable for violation of the Anti-Graft and Does Mr. S's "innovative business model" expose him to any criminal liability
Corrupt Practices Act? Explain. (5%) under the Cybercrime Prevention Act of 2012? If so, for what crime? Explain.
(2.5%)
B.18.

A typhoon destroyed the houses of many of the inhabitants of Municipality M.

Accordingly, the local government passed an appropriation in the amount of
₱1,000,000.00 to implement a Calamity Assistance Program for the typhoon victims,
and the funds therefor were eventually earmarked for the purpose. Upon the orders, 2019 BAR EXAMINATIONS
however, of Mayor T of Municipality M, these funds were disbursed for the POLITICAL AND INTERNATIONAL LAW
reconstruction of the municipal hall which was substantially damaged by the typhoon.
According to Mayor T, the reconstruction of the municipal hall was a more pressing
concern than the relief program because the vital functions of the local government
would be impeded if the said structure would not be immediately fixed.
 lives, some of these displaced families, with the help of HSS, were able to sail out into
the sea on a boat which eventually landed in Palawan. The Philippine Coast Guard
intended to push back the boat with 15 passengers.

PART I An affiliate of HSS in the Philippines intervened on behalf these displaced families,
claiming that they are refugees under international law and hence, should not be
Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All expelled from our territory.
answers to these questions should be written in Booklet I.
May the displaced families of Tribe X be considered "refugees" under
international law? Explain. (3%)

A.1. A.4.

Define the following terms: Mrs. W supplies the Philippine National Police (PNP) with uniforms every year. Last
month, he and two (2) other officers of the PNP conspired to execute a "ghost
(a) Jus cogens (2%) purchase", covered by five (5) checks amounting to ₱200,000.00 each, or a total of
₱1,000,000.00. An investigating committee within the PNP, which was constituted to
(b) Principle of double criminality (2%) look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous
transaction. Mrs. W accepted the invitation but during the committee hearing, she
(c) Act of State doctrine (2%) stated that she will not answer any question unless she be provided with the assistance
of a counsel. The PNP officials denied her request; hence, she no longer participated in
(d) Precautionary principle (2%) the investigation.

A.2. (a) What is a custodial investigation? Under the 1987 Constitution, what are
the rights of a person during custodial investigation? (3%)
Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the
rights of the Philippines within the following areas: (b) Was the PNP’s denial of Mrs. W’s request violative of her right to counsel
in the proceedings conducted before the PNP? Explain.(2%)
(a) Contiguous zone (2%)
A.5.
(b) Exclusive economic zone (2%)
At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer A of the
A.3. Manila Police District Station received a text message from an unidentified civilian
informer that one Mr. Z would be meeting up later that morning with two (2) potential
The Humanitarian Services Society (HSS), an international non-government sellers of drugs at a nearby restaurant. As such, Officer A decided to hang around
organization, assisted the displaced families of Tribe X who had to flee their home the said place immediately.
country in order to escape the systematic persecution conducted against them by their
country’s ruling regime based on their cultural and religious beliefs. Fearing for their At about 9:15 A.M., two (2) male passengers. Named A and Y, who were each carrying
a traveling bag, alighted from a bus in front of the restaurant. A transport barker, National Security Strategy (CNSS)" with the following components:
serving as a lookout for Officer A, signaled to the latter that X and Y were "suspicious-
looking." Component 1: During a state of emergency, the President, in the exercise of his power
of general supervision, may delegate to the heads of local government units (LGUs),
As the two were about to enter the restaurant, Officer A stopped them and asked through an administrative issuance, the power to call-out the Armed Forces of the
about the contents of their bags. Dissatisfied with their response that the bags Philippines (AFP) for a more effective and immediate response to the ground situation;
contained only clothes, Officer A proceeded to search the bags and found packs and Component 2: In declaring Martial Law, the President, in a preemptive action and
of shabu therein. Thus, X and Y were arrested, and the drugs were seized from them. without waiting for the recommendation of the Secretary of National Defense and the
According to Officer A, a warrantless search was validly made pursuant to the stop and AFP, may rely upon any intelligence information he may have gathered through other
frisk rule; hence, the consequent seizure of the drugs was likewise valid. sources.

(a) What is the stop and frisk rule? (2.5%) Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization
raised the constitutionality of the two (2) components of the CNSS before the Supreme
(b) Was the stop and frisk rule validly invoked by Officer A? If not, what is the Court.
effect on the drugs seized as evidence? Explain. (2.5%)
(a) Is component 1 of the CNSS constitutional? Explain. (2.5%)
A.6.
(b) Is component 2 of the CNSS constitutional? Explain. (2.5%)
A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and
Secretary of Energy, respectively, as resource speakers for an inquiry in aid legislation. A.8.
Mr. X refused to attend, arguing that the Senate, not its committee, has the power to
compel attendance. Meanwhile, Mr. Y attended the committee hearing but upon being Mayor X and his City Administrator, Y, are political buddies who assumed their
asked about discussions made during a closed-door cabinet meeting, he refused to respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the entry
answer invoking executive privilege. The committee members insisted that Mr. Y into a ₱5,000,000.00 loan agreement with ABC Foundation, a non-stock and non-profit
answer the question pursuant to the right of Congress to information from the organization in which the two had a long-standing personal involvement. The loan
executive branch. agreement was duly executed in the same year but was never authorized and approved
by the Sangguniang Panlungsod. It was further found that the same constituted a
(a) Based on his argument, is Mr. X’s non-appearance permissible? Explain. fraudulent scheme to defraud the City Government.
(2.5%)
Meanwhile. Mayor X won another term during the May 2013 Elections and Y continued
(b) Is Mr. Y’s refusal to answer based on executive privilege valid? Explain. on as his City Administrator. A year after, or in May 2014, administrative charges for
(2.5%) grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of
the service were filed against them before the Office of the Ombudsman. In defense,
A.7. Mayor X argued that his subsequent reelection in May 2013 absolved him from any
administrative liability for any alleged anomalous activity during his first term in office.
The continuing threat to the security of the State in various parts of the country
prompted the National Security Adviser of the President to adopt a "Comprehensive Y raised the same defense of condonation, having been retained by Mayor X as City
Administrator for a second term. On December 10, 2015, the Ombudsman rendered its
ruling in the case, finding both Mayor X and Y administratively liable. Citing the its witnesses was due to circumstances beyond its control. Eventually, the trial court
Supreme Court’s Decision in Carpio-Morales v. Court of Appeals (G.R. Nos. 217126-27), dismissed the case with finality on the ground that Mr. D’s right to speedy trial was
which was initially promulgated on November 10, 2015, the Ombudsman rejected their violated.
defense of condonation. With the motions for reconsideration of Mayor X and Y having
been denied by the Ombudsman on March 10, 2016, they elevated thee matter to the A month after, the same criminal case for Estafa was refilled against Mr. D, prompting
Court of Appeals. him to file a motion to dismiss invoking his right against double jeopardy. The
prosecution opposed the motion, arguing that the first criminal case for Estafa was
(a) Did the Ombudsman err in not giving credence to the defense of dismissed with the express consent of the accused as it was, in fact, upon his own
condonation as raised by Mayor X? explain. (2%) motion. Moreover, it was already able to secure the commitments of its witnesses to
appear; hence, it would be prejudicial for the State if the case were to be dismissed
(b) How about Y? Can he validly invoke the condonation doctrine to absolve without trial.
him of the charge? Explain. (3%)
(a) For double jeopardy to attach, what requisites must exist? (2%)
A.9.
(b) Rule on Mr. D’s present motion. (3%)
The unabated rise of criminality and the reported identification of delinquent children
loitering in the wee hours of the night prompted City Z to implement a curfew
ordinance. Minors unaccompanied or unsupervised on the streets by their parents or
guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers - END OF PART I-
subject to certain exclusive exceptions. These exceptions are: 1. minors running lawful
errands, such as buying of medicines, using of telecommunications facilities for Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II
emergency purposes and the like; 2. night school students; and 3. Minors working at and the answers therefor should be written in Booklet II.
night.

Minors apprehended for violation of the curfew ordinance shall be required to undergo
counseling, accompanied by their parents/guardians. PART II

(a) Does the curfew ordinance violative the primary right and duty of parents Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
to rear their children? Explain. (2.5%) B.20. All answers to these questions should be written in Booklet II.

(b) Does the curfew ordinance infringe any of the minors’ fundamental
rights? Explain. (2.5%)
B.11.
A.10.
Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M,
An Information for Estafa was filed against the accused, Mr. D. During the course of the ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly.
trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable Eventually, the losing candidates timely filed election protests. The losing gubernatorial
length of time. Opposing the motion, the prosecution argued that its failure to present candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC),
whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal them"
Trial Court of Guagua, Pampanga (MTC).
Proposed text: "The Philippines is a democratic and socialist State. Sovereignty
(a) What are the term limits for the positions of Atty. G and Atty. M? (1%) resides in the party and all government authority emanates from it."

(b) Does the RTC have jurisdiction over the case filed by Mr. A? Explain. (2%) (a) Is this an amendment or revision? Explain. (2.5%)

(c) Does the MTC have jurisdiction over the case filed by Mr. B? Explain. (2%) (b) Briefly explain the process to revise the 1987 Constitution. (2.5%)

B.12. B.15.

W, the incumbent Congressman of the Province of Albay, decided to run for Governor. R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of
He filed his certificate of candidacy (CoC) for Governor without resigning from his post the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-
and continued exercising his duties as Congressman, such as attending plenary sessions ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his
and committee hearings in the House of Representatives. constituents, T, assailed R’s assumption of office, arguing that elections should have
been conducted to fill in the vacancy following the death of Vice Mayor S.
One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of
a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC (a) Is T’s contention correct? Explain. (2.5%)
for Governor of Albay.
(b) Assuming that R validly assumed S’s post, at the end of R’s term as Vice
(a) Is X’s argument correct? Explain. (2.5%) Mayor, may he run, once more, for the position of Municipal Councilor? Or, is
he prescribed to do so under the Local Government Code? Explain. (2.5%)
(b) Assuming that W is instead, an incumbent Undersecretary of the
Department of National Defense, what is the effect of the filing of his CoC for B.16.
the position of Governor of Albay to said post? Explain. (2.5%)
Under the 1987 Constitution, to whom does each
B.13. duty/power/privilege/prohibition/disqualification apply:

Who are the impeachable officers under the 1987 Constitution? Briefly (a) The authority to keep the general accounts of the Government and for
explain the process of impeaching them thereunder. (5%) such period provided by law, preserve the vouchers and other supporting
documents pertaining thereto. (1%)
B.14.
(b) The power to allow small-scale utilization of natural resources by Filipino
A proposal to change a provision of the 1987 Constitution has been put forth as citizens, as well as cooperative fish farming, with priority to subsistence
follows: fishermen and fishworkers in rivers, lakes, bays, and lagoons. (1%)

Original Text: "The Philippines is a democratic and republican State. (c) The authority to provide for the standardization of compensation of
Sovereignty resides in the people and all government authority emanates from
 government officials and employees. (1%) shall any Member [of the COMELEC] be appointed or designated in a temporary or
acting capacity."
(d) The sole power to declare the existence of state of war. (1%)
(a) Is Atty. B’s contention correct? Explain. (2.5%)
(e) The power to ratify treaties and international agreements. (1%)
(b) If the Commission on Appointments by-passed the confirmation of A, can
B.17. he still be reappointed by the President? Explain. (2.5%)

In 2014, Congress enacted an appropriation law containing a provision that gives B.19.
individual legislators the discretion to determine, post-enactment, how much funds
would go to a specific project or beneficiary which they themselves also determine. Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of
Consequently, disbursements were made in the interim pursuant thereto. Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole
opponent, Y, filed an election protest before the Commission on Election (COMELEC),
Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory claiming that X should be disqualified to run for said position because he is not a
provision on the grounds that it violates the separation of powers principle. natural-born citizen. While the case was pending, X was proclaimed by the Provincial
Election Supervisor of Batanes as the duly elected Congressman of the province.
On the other hand, certain Congressman argued that there was nothing wrong with the
provision because, after all, the power to appropriate belongs to Congress. (a) Distinguish between natural-born and naturalized citizen under the 1987
Constitution, (2%)
(a) Rule on the arguments of the parties. (2.5%)
(b) Is X qualified to run for Congress? Explain. (1%)
(b) Assuming that the provision is declared unconstitutional, should the
disbursements made pursuant thereto be returned in light of the doctrine of (c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the
operative fact? Explain. (2.5%) case and vest the House of Representatives Electoral Tribunal (HRET)
jurisdiction to hear the case? Explain. (2%)
B.18.
B.20.
A was appointed by the President as a Commissioner of the Commission on Election
(COMELEC) while Congress was not in session. Pending confirmation of his H, a naturalized American citizen who later became a dual citizen under Republic Act
appointment by the Commission on Appointments, A started to perform his official No. 9225 (the Citizenship Retention and Re-acquisition Act), decided to run for
functions in the COMELEC, such as attending en banc sessions, hearing election Congress and thus, filed a certificate of candidacy (CoC). A citizen argued that H is
protests, signing Resolutions, issuing Orders, and appearing before Congress during ineligible for the position because of his status as a dual citizen. H responded that his
budget hearings. act of filing a CoC amounted to his renunciation of foreign citizenship, rendering him
eligible for the position.
Atty. B questioned before the Supreme Court the exercise of official functions by A,
stating that his ad interim appointment is not a permanent appointment but a (a) Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain.
temporary one pending confirmation by the Commission on Appointments, and thus, (2.5%)
prohibited under Article IX-C of the 1987 Constitution which states that "[i]n no case
 (b) Assuming that H is a dual citizen because his parents are Filipino citizens (a) Is Mr. X's chosen remedy of certiorari and direct recourse to the Supreme
and he was born in California, USA, was filing of a CoC sufficient to renounce Court proper? Explain. (2.5%)
his foreign citizenship? Explain. (2.5%)
(b) Assuming that Mr. X's motion was instead granted by the RTC, what is the
proper remedy of ABC Homeowners Association, Inc. to challenge the RTC
- END OF PART II - ruling? Explain. (2.5%)

A.2.

Ms. A filed a complaint for damages against Ms. B, alleging that Ms. B negligently
2019 BAR EXAMINATIONS caused the demolition of her house's concrete fence, the top half of which fell on the
REMEDIAL LAW front portion of Ms. A's car and permanently damaged its engine. In her answer, Ms. B
denied any personal liability for the damage caused to Ms. A's car, averring that she
merely acquiesced to the advice of her contractor, XYZ Construction Co., to have the
concrete fence demolished. Thus, damages, if any, should be collected from it.

Thereafter, Ms. A filed a motion for judgment on the pleadings, alleging that Ms. B's
statement in her answer is actually a negative pregnant. Ms. B opposed the motion,
reiterating her defense in her answer which purportedly rendered judgment on the
pleadings improper. Ms. B also moved for the dismissal of the case on the ground of
PART I non-joinder of XYZ Construction Co., which she alleged is an indispensable party to the
case.
Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All
answers to these questions should be written in Booklet I. (a) Is Ms. A's motion for judgment on the pleadings proper? Explain. (3%)

(b) Is XYZ Construction Co. an indispensable or a necessary party? Explain.

(3%)
A.1.
(c) Assuming that XYZ Construction Co. is an indispensable party, is its non-
ABC Homeowners Association, Inc. sued Mr. X before the Regional Trial Court (RTC) for joinder a ground for the dismissal of the case? Explain. (3%)
collection of unpaid association dues. Mr. X filed a motion to dismiss solely on the
ground of lack of jurisdiction, asserting that the Housing and Land Use Regulatory A.3.
Board has exclusive jurisdiction over disputes among homeowners and their
associations. The RTC denied Mr. X's motion, maintaining that it has jurisdiction over Mr. C sued Mr. D for reconveyance of property and damages, claiming that Mr. D,
the case. This prompted Mr. X to file a petition for certiorari under Rule 65 of the Rules through fraud and forgery, was able to obtain the title to Lot No. 1234, which was
of Court before the Supreme Court, alleging grave abuse of discretion on the part of previously registered in Mr. C's name. The complaint was filed before the Regional Trial
the RTC in denying his motion to dismiss. Court.
Instead of filing an answer, Mr. D moved to dismiss the complaint on the ground of lack taking possession thereof.
of cause of action. In opposition, Mr. C argued that lack of cause of action is not a
ground for a motion to dismiss as the ground provided under Section 1 (g), Rule 16 of Did the RTC err in issuing the writ of preliminary injunction ex parte? Explain.
the Rules of Court is failure to state a cause of action. (3%)

Distinguish the concepts of lack of cause of action and failure to state a cause A.6.
of action. Based on this distinction, is Mr. C's opposition tenable? Explain.
(5%) Mr. H filed a complaint against Mr. I to recover the amount of ₱500,000.00 based on
their contract of services. In his answer, Mr. I admitted that he has yet to pay Mr. H for
A.4. his services based on their contract but nevertheless, interposed a counterclaim
alleging that Mr. H still owed him rental arrearages for the lease of his apartment also
Mrs. E filed a complaint for sum of money against Mr. F in the amount of amounting to ₱500,000.00.
₱1,000,000.00 before the Regional Trial Court (RTC). After due proceedings, the RTC
ruled in favor of Mrs. E, and since no appeal was interposed thereto, the ruling became It has come to Mr. H's attention that Mr. I did not pay any filing fees when he filed his
final and executory as evinced by an Entry of Judgment dated July 2, 2012. However, answer. As such, Mr. H moved to dismiss the counterclaim. In response to Mr. H's
Mrs. E was unable to immediately move for the execution of said judgment because motion, Mr. I averred that the non-payment of filing fees was purely based on
she had a work engagement overseas. inadvertence and that the said filing fees had already been paid as of date, as evinced
by the official receipt issued by the clerk of court therefor.
On June 29, 2017, Mrs. E returned to the country and, on the same day, filed a motion
for the issuance of a writ of execution before the RTC. On July 7, 2017, the RTC granted (a) What is the nature of Mr. l's counterclaim? Is the payment of filing fees
the motion, and consequently, issued a writ of execution in Mrs. E's favor. required for such counterclaim to prosper? Explain. (3%)

Was the RTC's issuance of the writ of execution procedurally infirm? Explain. (b) Should Mr. I's counterclaim be dismissed? Explain. (3%)
(3%)
A.7.
A.5.
As a result of an anonymous complaint, Mr. J, a local public official, was held
Mrs. G defaulted in the payment of her loan obligation with Z Bank. As such, Z Bank administratively liable for Grave Misconduct by the Office of the Ombudsman
extra-judicially foreclosed Mrs. G's mortgaged property and sold it at public auction (Ombudsman) in Administrative Case No. 1234. As such, he was imposed the penalty of
where it emerged as the highest bidder. Eventually, a certificate of sale was issued in Z dismissal from service. The Ombudsman also found probable cause to indict him for
Bank's favor, and title to the property was later consolidated under the bank's name. violation of Section 3 (b) of Republic Act No.3019, or the "Anti-Graft and Corrupt
Practices Act," in Criminal Case No. 4321. Mr. J moved for the reconsideration of the
Claiming that Z Bank used fraudulent machinations in increasing the interest and Ombudsman's Joint Decision but was denied.
penalty charges on the loan, thereby making it impossible for her to pay, Mrs. G filed
before the Regional Trial Court (RTC) a complaint for cancellation of consolidation of Unperturbed, Mr. J filed a petition for certiorari under Rule 65 of the Rules of Court
ownership over a real property with prayer for the issuance of a writ of preliminary before the Court of Appeals (CA), assailing the Ombudsman's Joint Decision in
injunction against Z Bank. Immediately thereafter, the RTC issued an ex parte writ of Administrative Case No. 1234 and Criminal Case No. 4321. However, the CA dismissed
preliminary injunction enjoining Z Bank from disposing of the foreclosed property or the petition outright, holding that such petition constitutes an improper remedy to
assail the administrative and criminal aspects of the aforementioned Ombudsman (a) Writ of kalikasan and writ of continuing mandamus (3%)
ruling.
(b) Warrant to Search, Seize, and Examine Computer Data (WSSECD) and
Was the CA's dismissal of Mr. J's petition correct? Explain. (5%) Warrant to Examine Computer Data (WECD) (3%)

A.8.

Ms. A filed a petition for a writ of amparo, claiming that she was being threatened by - END OF PART I -
Mr. B, her ex-boyfriend, with whom she has a child out of wedlock, named C. Ms. A
alleged that since she started dating someone else, Mr. B began stalking her, parking Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II
his car on the street outside her house, and watching her house until the wee hours of and the answers therefor should be written in Booklet II.
the morning. She thus feared for her life.

(a) Is Ms. A entitled to a writ of amparo? Explain. (2.5%)

PART II
(b) Assuming that Mr. B took away C without Ms. A's knowledge and consent,
what is the proper remedy for Ms. A to immediately recover C's custody? Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to
Explain. (2.5%) B.20. All answers to these questions should be written in Booklet II.

A.9.

Ms. N initiated a special proceeding for the correction of entries in the civil registry B.11.
under Rule 108 of the Rules of Court before the Regional Trial Court (RTC), impleading
only the Local Civil Registrar therein. In her petition, Ms. N sought to change the entry Mr. X filed a complaint for sum of money against his old friend, Mr. Y. In order to
in her birth certificate with respect to the date of her parents' marriage from "May 22, ensure that Mr. Y would not be able to file a responsive pleading and much more,
1992" to "not married." The Office of the Solicitor General opposed the petition, participate in the case, Mr. X paid off Mr. Y's counsel, Atty. Z, who deliberately let the
arguing that Ms. N's parents should have been impleaded in the proceeding. In case proceed as such without his client's knowledge.
response, Ms. N argued that this was not necessary since it was an entry in her own
birth certificate which she intended to change. Hence, it was a matter personal to her, Eventually, judgment was rendered on March 1, 2016 in Mr. X's favor, a copy of which
and as such, the participation of her parents in the case could be dispensed with. was received by Atty. Z on April 4, 2016. Bothered by his conscience, Atty. Z brought
the copy of the decision to Mr.Y on June 1, 2016, thereby surprising the latter and
Is Ms. N's position correct? Explain. (3%) causing him grief. Meanwhile, the decision became final and executory in due course
on April 19, 2016.
A.10.
Thereafter, Mr. Y took steps in vindicating his rights, which culminated on August 15,
Distinguish the following: 2016 when he, as represented by a new counsel, filed a petition for annulment of
judgment before the Court of Appeals (CA) on the ground of extrinsic fraud. The CA
dismissed the petition on the ground that Mr. Y failed to submit a satisfactory
explanation as to why he directly resorted to a petition for annulment of judgment, inquest prosecutor for the conduct of an inquest. Thereafter, an Information for
when he could have filed a petition for relief from judgment. Homicide was filed by the inquest prosecutor without the conduct of a preliminary
investigation. The next day Mr. A requested for the conduct of a preliminary
(a) What are the differences between a petition for relief from judgment and investigation.
a petition for annulment of judgment in terms of grounds and periods to file?
(3%) (a) Is the inquest prosecutor's filing of the Information without the conduct of
preliminary investigation proper? (2.5%)
(b) Was the CA's dismissal of Mr. Y's petition for annulment of judgment
proper? Explain. (2%) (b) Is Mr. A's request permissible? Explain. (2.5%)

B.12. B.14.

Ms. R received a subpoena ad testificandum from a Regional Trial Court (RTC) directing Mr. P was charged with Plunder before the Sandiganbayan along with several
her to appear and testify in a case. Despite notice and without any sufficient government officials. Before his arraignment, he filed a petition for bail. This was
justification, Ms. R failed to appear. This prompted the RTC to issue a show-cause order objected to by the prosecution which insisted that he should first be arraigned before
directing Ms. R to explain, within ten (10) days, why she should not be cited for he applies for bail, considering that grant of bail will result in the accused fleeing the
contempt for her nonappearance despite receipt of the subpoena. Ms. R, however, did court's jurisdiction.
not file her comment. After due hearing with notice to the parties, the RTC cited her in
indirect contempt, and consequently, ordered her arrest. (a) When is bail a matter of right before conviction? (2%)

Ms. R moved to quash the warrant issued for her arrest, claiming that a formal charge (b) Is the objection of the prosecution valid? Explain. (3%)
should have been filed against her, and that the same should have been docketed and
prosecuted as a separate case against her. She thus claimed that since this procedure B.15.
was not followed, the order citing her in contempt is null and void.
In an Information filed before the Regional Trial Court (RTC), Mr. C was charged with
(a) Is Ms. R's contention tenable? Explain. (3%) Carnapping for supposedly taking the motorcycle of Mr. O and joyriding with it around
the city. When Mr. C was arraigned, he entered a plea of "not guilty" to the charge.
(b) What is the proper mode of appeal should Ms. R decide to assail her After the prosecution rested its case, Mr. C proceeded to file a demurrer to evidence.
contempt citation? Will the filing of such appeal automatically result in the The demurrer was denied by the RTC.
suspension of the execution of judgment? Explain. (2%)
(a) Would Mr. C be allowed to present evidence in his defense after the
B.13. denial of his demurrer? Explain. (2%)

In a neighborhood bicycle race, Mr. A bumped the bicycle of one of his competitors, (b) Assuming that the demurrer was granted by the RTC and the prosecution's
Mr. B, in order to get ahead. This caused the latter to lose control of the bike which hit motion for reconsideration thereto is denied, what is the prosecution's
the concrete pavement and sent Mr. B crashing headfirst into the sidewalk. By the time further procedural recourse? Explain. (3%)
the organizers got to him, Mr. B was dead. Law enforcement authorities who witnessed
the incident arrested Mr. A without a warrant, and immediately brought him to the
 B.16. Should the objections of Mr. M's counsel in both cases be sustained? Explain.
(5%)
Mr. W was charged with raping his neighbor's seventeen (17)-year old daughter, AAA.
When he was arraigned, Mr. W expressed his desire to plead "guilty," provided that his B.19.
sentence be substantially reduced. Both AAA's mother and the prosecutor were
amenable to the proposal. Consequently, the judge entered a plea of guilty for Mr. W A criminal complaint for Theft was filed against Mr. T by his employer for allegedly
and sentenced him to serve a reduced straight penalty of only ten (10) years of stealing company property. During trial, the prosecutor called Mr. T's former
imprisonment, as agreed upon. supervisor, Mr. V, to the stand and attempted to question him on similar incidents also
involving Mr. T with his previous employer. Mr. T's counsel objected to the question,
(a) Did the judge properly enter a plea of guilty for Mr. W? Explain. (2%) invoking the rule on res inter alias acta. In response, the prosecutor argued that the
question should be allowed since he was trying to establish Mr. T's habit of stealing
(b) Assuming that Mr. W was once more charged with the crime of Rape things from the workplace.
committed against AAA based on the same incident, may Mr. W validly
invoke the defense of double jeopardy through a motion to quash and will (a) Should the objection of Mr. T's counsel be sustained? Explain. (2.5%)
such motion prosper? Explain. (3%)
(b) Assuming that the prosecution presents evidence on the bad moral
B.17. character of Mr. T, may the same be admitted in the present case? Explain.
(2.5%)
In a case for specific performance and damages, plaintiff Q presented photocopies of
the contracts he had executed with defendant R for the purpose of establishing their B.20.
existence. Defendant R's counsel objected to the admission of said photocopies,
invoking the best evidence rule. AAA, a ten (10)-year old minor, was sleeping inside her room when she was awakened
by her uncle, Mr. G, who was reeking of alcohol and was already on top of her. After
(a) Should the objection of defendant R's counsel be sustained? Explain. (3%) Mr. G succeeded in having carnal knowledge of AAA, the former immediately left the
latter's room. Thereafter, AAA rushed into the room of her mother, MMM, and
(b) Assuming that the best evidence rule applies, under what circumstances spontaneously and frantically reported the incident. Eventually, Mr. G was arrested and
will the photocopies be admissible in evidence? (2%) was indicted for the crime of Rape.

B.18. During trial, MMM was presented as a witness to testify on what AAA reported to her
and AAA's gestures and disposition at that time. Mr. G's counsel objected to MMM's
In a case for Attempted Parricide brought against Mr. M by his wife, Mrs. N, their son, testimony on the ground that it is hearsay evidence. The prosecutor countered that the
C, was called as a witness for the prosecution. Mr. M's counsel objected, invoking the subject of MMM's testimony may be admitted as an independently relevant statement
filial privilege rule. and as part of the res gestae.

Meanwhile, in a separate case for Serious Physical Injuries also brought against Mr. M, (a) May MMM's testimony be admitted on the ground that it constitutes an
but this time by his son, C, Mrs. N was called to testify against Mr. M. Mr. M's counsel independently relevant statement? Explain. (2.5%)
objected, invoking the marital disqualification rule.
(b) May AAA's statement to MMM be admitted on the ground of res gestae?
Explain. (2.5%)

- END OF PART II -