POLITICAL & PUBLIC INTERNATIONAL LAW

1. The Senate conducted investigations on how to strengthen the efforts of the government
against fugitives from justice after prominent personalities covertly left the country to escape
prosecution. The Senate invited Winston as a resource person. Winston is a notorious drug
dealer who managed to avoid his warrants of arrest and hold departure orders. At the
hearing, the Senators asked Winston about the modus operandi and the names of
immigration officers who helped him escape. Yet, Winston responded: "I will leave it to the
Senate to find out the information about these immigration officers." Dissatisfied, the Senators
immediately cited Winston in contempt and ordered his detention until he answers the
question. Did the Senate lawfully cite Winston in contempt? Explain.

ANS: No, the Senate did not lawfully cite Winston in contempt.

Under the Constitution, the Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such inquiries shall be
respected. Meanwhile, case law dictates that the Legislature's power of contempt is inherent
and arises by implication. Further, the power of legislative investigation is subject to three
limitations: (1) the inquiry must be "in aid of legislation;" (2) the inquiry must be conducted in
pecorn in or at it uby sublinguiles sh procedure ed Thus, wrights of persons charged by
Congress with "giving false or evasive testimony" must be accorded stricter due process
requirements, such as the opportunity to explain one's side before being penalized, consistent
with the due process safeguards used in criminal proceedings. Considering the broad
definition of "giving false or evasive testimony," the witness must, at the very least, given a
chance to explain why his or her testimony is not false or evasive.

Here, the Senate cited Winston in contempt, because he stated that he will leave it to the
Senate to find out the information about these immigration officers. Assuming that this
testimony was evasive, the Senate should have accorded Winston with stricter due process
requirements. He should have been given an opportunity to explain his response further
before he was cited in contempt by the Senate. Thus, the Senate unlawfully cited him in
contempt.

2. Rocco, a lawyer, filed a petition for mandamus to compel the President of the Philippines to
defend the West Philippine Sea against Chinese invasion. Rocco alleged that the President has
a ministerial duty to protect the national territory. Rocco likewise asked the President to bring
the territorial dispute before the United Nations Security Council after diplomatic protests
proved futile. Will the petition for mandamus prosper? Explain.
ANS: No, the petition for mandamus will not prosper.

Case law dictates that a petition for mandamus will not lie if the same is directed against
discretionary acts. If the law imposes a duty upon a public officer and gives him the right to
decide how or when the duty shall be performed, such duty is discretionary and not
ministerial. Further, the residual power is the power borne by the President's duty to
preserve and defend the Constitution. It may also be viewed as a power implicit in the
President's duty to take care that the laws are faithfully executed. Lastly, the President is
immune from all suits during his incumbency.

Here, the petition for mandamus against the President will not prosper, because the President
is immune from suits. Further, it will not prosper, because the President has the discretion to
decide how the territory of the Philippines can be preserved and defended. Thus, the petition
for mandamus will not prosper.

3. The Zuri Republic and Wanda Republic are members of the United Nations Convention on
the Law of the Sea (UNCLOS). In 2024, the Permanent Court of Arbitration rejected Zuri
Republic’s claim over the entire South Wrigley Sea and declared it as part of Wanda
Republic’s exclusive economic zone. However, Zuri Republic refused to recognize the arbitral
award and continued its reclamation activities. Thereafter, Xena Republic, a non-UNCLOS
state, filed a protest against Zuri Republic before the United Nations Security Council to
respect the arbitral award and to stop reclamation efforts that destroy the fragile ecosystem.
The Zuri Republic then challenged the legal standing of Xena Republic and argued that only
state parties to the UNCLOS can enforce the arbitral award. Does Xena Republic have legal
standing to initiate the protest? Explain.

ANS: Yes, Xena Republic has legal standing to initiate the protest.

Under the United Nations Charter, the Security Council may investigate any dispute, or any
situation which might lead to international friction or give rise to a dispute, in order to
determine whether the continuance of the dispute or situation is likely to endanger the
maintenance of international peace and security. Further, any Member of the United Nations
may bring any dispute, or any situation of the nature referred to in Article 34, to the attention
of the Security Council or of the General Assembly. Lasty, a state which is not a Member of
the United Nations may bring to the attention of the Security Council or of the General
Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the
dispute, the obligations of pacific settlement provided in the present Charter.
Here, Xena Republic has legal standing to initiate the protest with the United Nations
Security Council, because any Member of the United Nations may bring any dispute to the
attention of the Security Council. Further, even if Xena Republic is not a Member of the
United Nations, the dispute can still be brought to the Security Council, once Xena Republic
accepts in advance, the obligations of pacific settlement under the United Nations Charter.

4. In the 2022 elections, Pho Goh, 27 years old, won as provincial governor. Pho Goh took his
oath of office and discharged his duties. Maxwell, a registered voter, filed a petition for quo
warranto against Pho Goh on the ground that he cannot hold the Office of the Provincial
Governor. Maxwell alleged that Pho Goh was born in Vietnam and submitted his Vietnamese
passport as conclusive evidence that he is not a Filipino citizen. In contrast, Pho Goh opposed
the petition and presented his belatedly registered birth certificate stating that his mother is a
natural born citizen of the Philippines. Is Maxwell correct that Pho Goh cannot hold the
Office of the Provincial Governor? Explain.

ANS: No, Maxwell is incorrect. Pho Goh can hold the Office of the Provincial Governor.

Case law dictates that those with dual allegiance shall be disqualified from running any
elective local position. Dual allegiance refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states, while dual
citizenship arises when, as a result of the concurrent application of the different laws of two
or more states, a person is simultaneously considered a national by the said states. Further,
under R.A No. 9225, a person with dual allegiance, who is seeking elective public office in the
Philippines, must meet the qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath. Meanwhile, a person with dual citizenship can
renounce his foreign citizenship by filing a certificate of candidacy. Thus, upon the filing of
the certificate of candidacy, any disqualification that he might have as a dual citizen was
effectively removed.

Here, the facts did not show that Pho Goh performed a positive act to become a Vietnamese
citizen, and that Pho Goh falsified his Philippine citizenship. Instead, it was proven that Pho
Goh has a Vietnamese Passport, and his mother was a natural born citizen of the Philippines.
In other words, he became a citizen of Vietnam and the Philippines due to the concurrent
application of laws of different states. Thus, from the moment he filed a certificate of
candidacy for the Office of the Provincial Governor, he effectively removed any
disqualification that he might have as a dual citizen.
5. Omar, an Iranian national, was admitted in the Philippines as a refugee. After more than 10
years in the Philippines, Omar filed a petition for naturalization as a Filipino citizen. The trial
court found that Omar possessed all the qualifications and none of the disqualifications to
become a Filipino citizen. However, the Office of the Solicitor General opposed the petition
because the laws of Iran do not grant reciprocal rights to Filipinos to become naturalized
citizens. Will the lack of the reciprocity requirement bar Omar’s application for
naturalization? Explain.

ANS: No, the lack of the reciprocity requirement does not bar Omar's application for
naturalization.

Case law dictates that the applicant, as a refugee, need not prove reciprocity between
Philippine and Iranian laws. Instead, the applicant must establish his possession of the
qualifications and none of the disqualifications enumerated under the law to become a
naturalized Filipino citizen.

Here, the opposition of the Office of the Solicitor General does not deserve merit, because
Omar does not have to prove that the laws of Iran grant reciprocal rights to Filipinos to
become naturalized citizens. Thus, Omar's petition for naturalization must be granted, since
the trial court found that he possessed all the qualifications and none of the disqualifications
to become a Filipino citizen.

6. The Congress passed a law prohibiting the “transmission of commercial electronic

communications with the use of a computer system which seeks to advertise, sell, or offer
products and services without prior consent of the recipient.” The digital marketplace Buy
and Ship Online (BSO) questioned the constitutionality of the law for being a class legislation
because it specifically targets online businesses. The BSO added that the measure must be
tested using the “strict scrutiny test” because it interferes with the exercise of fundamental
rights since commercial advertisements are forms of free speech and expression. In contrast,
the Office of the Solicitor General invoked the “rational basis test” and argued that the State
has a legitimate interest to protect the public from unsolicited advertisements. Considering
the levels of judicial scrutiny, what is the proper test to determine the constitutionality of
the subject law? Explain.

ANS: The strict scrutiny test applies in this case.

Case law dictates that a content-based regulation is a regulation based on the subject-matter
of the utterance or speech, while a content-neutral regulation is merely concerned with the
incidents of the speech, or ones that merely control their time, place, or manner, and under
well-defined standards. The categorization is material for purpose of determining the
standards applicable to test the regulations' validity. Strict scrutiny is employed to test the
validity of governmental action that restricts freedom of speech based on content, with the
State bearing the burden to overcome the presumption of unconstitutionality. Further, under
the strict scrutiny test, the law shall be considered unconstitutional, unless the State can prove
a compelling governmental interest, and that the regulation is narrowly tailored and the least
restrictive means to achieve that interest.

Here, the Congress passed a law which prohibited the transmission of commercial electronic
communications with the use of a computer system which seeks to advertise, sell, or offer
products and services without prior consent of the recipient. This must be considered as a
content-based regulation, since it restrained the subject matter of the communication that was
made with the use of a computer system. Thus, the strict scrutiny test must be applied in this
case.

7. Andrew, a long-time advocate of women’s rights, is a bona fide member of the BINI-bini
Party registered with the Commission on Elections under the party-list system. BINI-bini
Party seeks to represent the women sector in the House of Representatives. In the 2022
elections, BINI-bini Party secured one seat, and its first nominee, Andrew, took his oath of
office and started to serve his term as a Member of the House of Representatives. However,
an electoral protest was filed against Andrew on the ground that he is not qualified to
represent the women sector because he is a male. Is Andrew qualified to represent BINI-
bini Party in the House of Representatives? Explain.

ANS: Yes, Andrew is qualified to represent BINI-bini Party in the House of Representatives.

Under RA No. 7941, a party-list representative must be (1) a natural born citizen of the
Philippines, (2) able to read and write, (3) a registered voter of the Philippines, (4) a resident
of the Philippines for at least 1 year immediately preceding the elections, (5) a bona fide
member of the party or organization which he seeks to represent for at least 90 days
preceding the day of the election, and (6) at least 25 years of age at the time of the election or
in case of a nominee of the youth sector, he must be at least 25 years of age but not more than
30 years of age at the time of the election. Any youth sectoral representative who attains the
age of 30 during his term shall be allowed to continue in office until the expiration of his
term. Further, case law dictates that the nominees of sectoral parties or organizations that
represent such sector, either must belong to such sector, or must have a track record of
advocacy for their respective sectors.
Here, Andrew complied with all of the qualifications to become a party-list representative for
the BINI-bini Party in the House of Representatives. Further, even though he is not a woman,
he can still become a nominee of this sectoral party for women's rights, if he has a track
record of advocacy for this sector. Thus, he is qualified to represent BINI-bini Party in the
House of Representatives.

8. The Regional Trial Court issued warrants of arrest against Mayor Leroy for charges of tax
evasion and graft and corruption. Mayor Leroy secretly left the country and sought refuge in
Essex Republic. The Philippines requested from Essex Republic the surrender of Mayor Leroy
pursuant to their extradition treaty. The Essex Republic conducted judicial investigation and
established prima facie case against Mayor Leroy. The Essex Republic, through its court,
issued a warrant of surrender. Mayor Leroy questioned the legality of the warrant of
surrender and argued that it violated the right of non-refoulement. Is the warrant of
surrender valid? Explain.

ANS: Yes, the warrant of surrender was valid.

Case law dictates that the principle of non-refoulement guarantees that no one should be
returned to a country where they would face torture, cruel, inhuman or degrading treatment
or punishment and other irreparable harm. Further, under the double criminality principle,
the act for which extradition is sought must be punishable in both the requesting and
requested States.

Here, the Regional Trial Court issued warrants of arrest against Mayor Leroy for charges of
tax evasion and graft and corruption. Further, there is an extradition treaty between
Philippines and Essex Republic. Essex Republic also found a prima facie case against Mayor
Leroy. Thus, the double criminality principle was complied with. Lastly, the right of non-
refoulement was not violated, since the Philippines will not subject Mayor Leroy to torture,
cruel, inhuman, or degrading treatment or punishment and other irreparable harm. Thus, the
warrant of surrender was valid.

9. Fidel, a government official, was charged with and convicted of three separate crimes: (1)
receiving a gift in connection with government contracts where he intervened in his official
capacity under Section 3(b) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices
Act; (2) acceptance of gift in connection with transactions affected by the functions of his
office under Section 7(d) of Republic Act No. 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees; and (3) direct bribery under Article 210 of the
Revised Penal Code. On appeal, Fidel invoked a violation of his right against double jeopardy
when the trial court convicted him of three separate crimes. Is Fidel’s contention that his
right against double jeopardy was violated correct? Explain.

ANS: No, Fidel's contention that his right against double jeopardy was violated is incorrect.

Case law dictates that the defense of double jeopardy places upon the accused the burden of
proving the following three requisites: (1) the first jeopardy must have attached prior to the
second; (2) the first jeopardy must have been validly terminated; and (3) the second jeopardy
must attach. For the first jeopardy to attach, there must be (1) a valid information, (2) a
competent court of jurisdiction, (3) a valid arraignment, and (4) a valid plea. For the first
jeopardy to be terminated, there must be an acquittal, conviction, or the dismissal or
termination of the case against him without the accused's express consent. For the second
jeopardy to attach, the second offense must be the same as the first offense, or the second
offense is an attempt or a frustration of the first offense, or the second offense necessarily
includes or is necessarily included in the first offense. Lastly, the same act may give rise to
two or more separate and distinct offenses. No double jeopardy attaches as long as there is a
variance between the elements of the two offenses charged

Here, the crimes of (1) receiving a gift in connection with government contracts where he
intervened in his official capacity under Section 3(b) of Republic Act No. 3019 or the Anti-
Graft and Corrupt Practices Act, (2) acceptance of gift in connection with transactions affected
by the functions of his office under Section 7(d) of Republic Act No. 6713 or the Code of
Conduct and Ethical Standards for Public Officials and Employees, and (3) direct bribery
under Article 210 of the Revised Penal Code are totally distinct and separate from each other.
In other words, there was no identity of offenses. Thus, the right against double jeopardy was
not violated.

10. Politico Film Productions (PFP) conceptualized a mockumentary called

“Covidubidapdap” which will detail the poor government response during the pandemic.
The Department of Health (DOH) Secretary was scared that he would be portrayed as a lazy
and incompetent public officer. Thus, the DOH Secretary warned PFP that he would not
approve the use or exhibition of his name or image in the film. Nevertheless, PFP began the
production of the mockumentary and used the name and image of the DOH Secretary.
Aggrieved, the DOH Secretary applied for injunction against PFP invoking his right to
privacy. Is there a violation of the DOH Secretary’s right to privacy? Explain.

ANS: No, the right to privacy of the DOH Secretary was not violated.
Case law dictates that a limited intrusion into a person's privacy has long been regarded as
permissible where (1) that person is a public figure and (2) the information sought to be
elicited from him or to be published about him constitute matters of a public character.
Further, a public figure has been defined as a person who, by his accomplishments, fame, or
mode of living, or by adopting a profession or calling which gives the public a legitimate
interest in his doings, his affairs, and his character, has become a 'public personage.' He is, in
other words, a celebrity. Lastly, the interest sought to be protected by the right of privacy is
the right to be free from the wrongful publicizing of the private affairs and activities of an
individual which are outside the realm of legitimate public concern. Hence, the right to
privacy of a public officer is not violated if the media publishes an article regarding his public
life.

Here, the DOH Secretary can be considered as a public figure since he is a Cabinet Secretary.
Thus, there is limited intrusion into his privacy. Further, the mockumentary was about the
poor government response during the pandemic. It was not about the private affairs and
activities of the public officials of the DOH, including the DOH Secretary. Thus, his right to
privacy was not violated.

11. The members of the Barangay Council wanted to make the yuletide celebrations of their
constituents more festive. Accordingly, the Barangay Council adopted a resolution
authorizing the solicitation of funds from private individuals to build a seven-meter tall
statue of “Rudolph the RedNosed Reindeer” in the plaza in front of the basilica. The residents
from other barangays questioned the resolution for alleged violation of Section 5, Article III of
the 1987 Constitution which states that “[n]o law shall be made respecting an establishment
of religion, or prohibiting the free exercise thereof.” Is the barangay resolution invalid for
violation of the non-establishment of religion clause? Explain.

ANS: No, the barangay resolution was not invalid for violating the non-establishment of
religion clause.

Case law dictates that the following are the tests to determine if the non-establishment of
religion clause was violated under the Constitution: (1) the purpose prong, which states that
the statute must have a secular legislative purpose; (2) the effect prong, which states that the
principal or primary effect of the statute must be one that neither advances nor inhibits
religion, and (3) the entanglement prong, which states that the statute must not foster an
excessive government entanglement with religion. This is also called as the Lemon test.

Here, the purpose of the barangay resolution was to make the yuletide celebrations of their
constituents more festive. In other words, it was secular in nature. Further, the principal or
primary effect of the barangay resolution was it can uplift the spirits and mood of the
residents during the holiday season. It did not advance any religion. Lastly, the resolution did
not foster an excessive government entanglement with religion. Thus, the barangay
resolution was not invalid for violating the non-establishment of religion clause.

12. Gabby won as Senator in the May 2022 elections for a term of six years. Upon
proclamation, Gabby took his oath of office before the Senate President in open session and
assumed office at the start of his term. In August 2022, Senator Gabby resigned for personal
reasons. In January 2023, Congress enacted a law merging two existing government agencies
with a Presidential appointee as head of office. In August 2024, the President appointed
former Senator Gabby as head of the merged government agencies. Is former Senator
Gabby’s appointment as head of the merged government agencies valid? Explain.

ANS: Yes, former Senator Gabby's appointment as head of the merged government agencies
is valid.

Under the Constitution, no candidate who has lost in any election shall, within one year after
such election, be appointed to any office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries. Further, no Senator or Member of the
House of Representatives may hold any other office or employment in the Government, or
any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting his seat.

Here, Senator Gabby won as a Senator in the May 2022 elections. Thus, he is not covered by
the prohibition on the appointment to government positions within one year after the May
2022 elections. Further, Senator Gabby has already resigned from his Senate seat. In other
words, he already forfeited his seat. Thus, he can hold another office in the Government.

13. In June 2024, Carina, a private citizen, filed a verified impeachment complaint against the
Vice President of the Philippines for culpable violation of the Constitution and betrayal of
public trust. The impeachment complaint was referred to the House of Representatives
Committee on Justice. In July 2024, the House of Representatives approved the report of the
Committee on Justice dismissing the impeachment complaint due to the absence of resolution
or endorsement of any Member of the House of Representatives. In August 2024, a partylist
representative filed a second verified impeachment complaint against the Vice President
based on the same facts and grounds as the first complaint. In September 2024, the second
impeachment complaint was referred to the Committee on Justice. The Vice President moved
to dismiss the second complaint arguing that no impeachment proceeding can be initiated
against the same official more than once within a period of one year. May the second
impeachment complaint be dismissed for violation of the one-year bar rule? Explain.

ANS: Yes, the second impeachment complaint can be dismissed for violation of the one-year
bar rule.

Under the Constitution, the House of Representatives shall have the exclusive power to
initiate all cases of impeachment. Further, no impeachment proceedings shall be initiated
against the same official more than once within a period of one year. Meanwhile, case law
dictates that an impeachment case is different from an impeachment proceeding. There is an
“impeachment proceeding” once (1) a verified complaint is filed with the House of
Representatives, (2) the complaint was referred to the Committee Justice of the House, and (3)
the Committee on Justice took initial action thereon. Thus, multiple impeachment complaints
can be filed with the House of Representatives in one year. However, the Committee on
Justice can only take initial action once in one year. Otherwise, the one-year bar rule will be
violated.

Here, in July 2024, the House of Representatives approved the report of the Committee on
Justice dismissing the impeachment complaint due to the absence of resolution or
endorsement of any Member of the House of Representatives. Thus, an impeachment
proceeding cannot be initiated within one year from the said action of the Committee on
Justice. The second impeachment complaint must then be dismissed for violation of the one-
year bar rule, since it was filed within the one-year period from July 2024.

14. Under the 2020 Rules of the Senate Electoral Tribunal, any election protest against a
Member of the Senate shall be filed “within thirty (30) days after assumption office of the
protestee.” Subsequently, the Senate promulgated its Internal Rules of Proceedings which
shortened the period of filing election protests “within fifteen (15) days” from assumption of
office of the protestee. Is the Senate Internal Rules of Proceedings relative to election
protest constitutional? Explain.

ANS: No, the Senate Internal Rules of Proceedings relative to election protest was
unconstitutional.

Under the Constitution, the Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns,
and qualifications of their respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under the
party-list system represented therein. Further, case law dictates that once a winning
candidate is duly proclaimed, has taken his oath, and had assumed office as a Member of the
House of Representatives or the Senate, the jurisdiction of House of Representatives Electoral
Tribunal or Senate Electoral Tribunal begins, and the jurisdiction of COMELEC ends.

Here, the Senate Electoral Tribunal has jurisdiction to hear the election protest since the
Senator has already assumed office. Further, the Senate cannot promulgate rules that will
contravene the rules of the Senate Electoral Tribunal, because the Senate Electoral Tribunal is
a different body from the Senate. Thus, the Senate Internal Rules of Proceedings relative to
election protest was unconstitutional, because the Senate encroached upon the powers of the
Senate Electoral Tribunal.

15. The Local Government Code allocated shares in revenue collections to local government
units (LGUs) in the following manner: 23% for the provinces, 23% for the Cities, 34% for the
Municipalities, and 20% for the Barangays. In 2023, the proposed General Appropriations Act
(GAA) provided a different distribution scheme of revenue collections to LGUs, to wit: 25%
for the provinces, 25% for the Cities, 35% for the Municipalities, and 15% for the Barangays.
Congressman Macky assailed the constitutionality of this item in the proposed GAA. The
House of Representatives Budget Committee countered that it is within the power of
Congress to enact laws to increase or decrease the just share of the LGUs in the revenues. Is
the new distribution scheme in the proposed GAA lawful? Explain.

ANS: No, the new distribution scheme in the proposed GAA was unlawful.

Under the Constitution, local government units shall have a just share, as determined by law,
in the national taxes which shall be automatically released to them. Meanwhile, case law
dictates that the percentage sharing of the LGUs are already fixed in the Local Government
Code. Thus, the Congress cannot modify these percentages through the GAAs, because this
would give the Congress unbridled authority to unduly infringe the fiscal autonomy of the
LGUs, and this would put the LGUs in jeopardy every year. If the Congress wants to modify
these percentages, it must be made by amending the Local Government Code.

Here, the Congress provided a different distribution scheme of revenue collections to LGUs
in the proposed GAA compared to the scheme provided under the Local Government Code.
Thus, the new distribution scheme in the proposed GAA was unlawful, because a different
distribution scheme can only be enacted by amending the Local Government Code, and not
by proposing the same in the GAA.
16. MVL, a government-owned corporation, has three Cabinet Secretaries as ex-officio
members of its Board of Directors. In 2024, the MVL Board of Directors resolved to grant
additional benefits to qualified corporate officers and employees. The Commission on Audit
(COA) disallowed the grant of benefits because there was no prior approval of the President.
However, the MVL Board of Directors invoked the alter ego principle and argued that the
President deemed approved the benefits when the three Cabinet Secretaries, as ex-officio
board members, voted in favor of the resolution. Is the COA correct in disallowing the grant
of benefits? Explain.

ANS: Yes, the COA is correct in disallowing the grant of benefits.

Under the Constitution, no elective or appointive public officer or employee shall receive
additional, double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present, emolument, office, or title of any
kind from any foreign government. Further, case law dictates that the term ex officio means
"from office; by virtue of office." It refers to an "authority derived from official character
merely, not expressly conferred upon the individual character, but rather annexed to the
official position." Ex officio likewise denotes an "act done in an official character, or as a
consequence of office, and without any other appointment or authority other than that
conferred by the office." An ex officio member of a board is one who is a member by virtue of
his title to a certain office, and without further warrant or appointment. The ex officio
position being actually and in legal contemplation part of the principal office, it follows that
the official concerned has no right to receive additional compensation for his services in the
said position.

Here, three Cabinet Secretaries were ex-officio members of the Board of Directors of MVL, a
government-owned corporation. Thus, the COA is correct in disallowing the grant of benefits,
because ex-officio members of the Board of Directors of government-owned corporations
cannot receive additional benefits.

17. Kenneth had a romantic relationship with Mabel, a 14-year-old minor. Kenneth and Mabel
constantly exchanged pictures through online messaging applications. One day, Kenneth
rented a laptop in a computer shop and had an online chat and videocall with Mabel.
Kenneth left the shop but forgot to logout his social media account. The next customer read
the sensual conversations between Kenneth and Mabel as well as their nude videos and
photos. The customer reported the matter to the police. Accordingly, Kenneth was charged
with violation of Republic Act No. 11930 or the Anti-Online Sexual Abuse or Exploitation of
Children and Anti-Child Sexual Abuse or Exploitation Materials. At the trial, Kenneth
objected to the admissibility of the pictures and videos as evidence for having been obtained
against his right to privacy. Are the pictures and videos admissible in evidence to prosecute
Kenneth of the criminal offense? Explain.

ANS: Yes, the pictures and videos are admissible in evidence to prosecute Kenneth of the
criminal offense.

Case law dictates that the right to privacy has been concisely defined as the right to be left
alone. It has also been defined as the right of a person to be free from unwarranted publicity,
and the right to live without interference by the public, in matters with which the public is
not necessarily concerned. Further, the "reasonable expectation of privacy" test is used to
determine if the right to privacy was violated. It involves a two-part test: (1) the subject test,
which states that the individual, by his conduct, had expectation of privacy; and (2) the object
test, which states that the society recognizes that his expectation is reasonable.

Here, Kenneth did not have a reasonable expectation of privacy. First, he did not log out his
social media account in a computer shop. Thus, by his conduct, he did not have an
expectation of privacy. Second, the society, which includes the other customers of the
computer shop, cannot recognize the expectation of privacy of Kenneth as reasonable, since
the customers can use all the applications and platforms in the laptop of the computer shop,
once they rented the same. Thus, the right to privacy of Kenneth was not violated, and the
pictures and videos are admissible in evidence to prosecute Kenneth of the criminal offense.

18. The sovereign Republic of Handskaland, represented by Ambassador Hansen, entered

into a five-year contract with Hardee Services Corporation (HSC) for the maintenance and
repair of the electrical facilities of its embassy in the Philippines. Ambassador Hansen
preterminated the agreement after discovering HSC’s faulty electrical works. Aggrieved, HSC
filed against the Republic of Handskaland and Ambassador Hansen a complaint for damages.
HSC argued that the Republic of Handskaland and Ambassador Hansen waived their
immunity from suit when they entered into a contract. Did the Republic of Handskaland
and Ambassador Hansen waive their immunity from suit? Explain.

ANS: No, the Republic of Handskaland and Ambassador Hansen did not waive their
immunity from suit.

Case law dictates that every State is bound to respect the independence of every other State,
and the courts will not sit in judgment of another government's acts done within its own
territory. Thus, a foreign State is granted immunity from the jurisdiction of the Philippines.
However, as an exception, the foreign State can be sued if it performs an act which is
proprietary or commercial in character. This is also called as jure gestionis. However, the
foreign State cannot be sued if it performs an act which is governmental in character. This is
also called as jure imperii. Lastly, case law dictates that the diplomat and the diplomatic staff
are immune from criminal, civil, or administrative jurisdiction in the receiving State.

Here, the Republic of Handskaland entered into a contract which is governmental in

character, since the agreement with HSC was for the maintenance and repair of the electrical
facilities of its embassy in the Philippines. Thus, it is immune from suit. Further, Ambassador
Hansen is immune from all kinds of suit in the Philippines. Thus, the Republic of
Handskaland and Ambassador Hansen did not waive their immunity from suit.

19. The Regional Trial Court (RTC) convicted Luciano of illegal sale of dangerous drugs.
Luciano sought reconsideration. The RTC reversed its judgment of conviction and acquitted
Luciano of the crime, thus:
ORDER
For resolution is the accused’s motion for reconsideration assailing his conviction
for the offense of illegal sale of dangerous drugs. The prosecution did not file any
comment. Hence, the motion is now submitted for resolution.

After a perusal of the motion for reconsideration, the Court finds merit that the
prosecution miserably failed to overcome the accused’s presumption of
innocence.

For this reason, the motion for reconsideration is GRANTED. The accused is
ACQUITTED in the criminal case for illegal sale of dangerous drugs.

SO ORDERED.

The Office of the Solicitor General (OSG) questioned the order of acquittal before the Court of
Appeals. The OSG explained that the RTC failed to comply with the constitutional
requirements in rendering a valid judgment amounting to grave abuse of discretion. On the
other hand, Luciano invoked his right against double jeopardy and argued that the order of
acquittal is already final and not subject to review. Is the RTC guilty of grave abuse of
discretion when it rendered the order of acquittal? Explain.

ANS: Yes, the RTC is guilty of grave abuse of discretion when it rendered the order of
acquittal.
Case law dictates that the Supreme Court pronounced the faithful adherence of the
requirements of Section 14 of Article VIII of the 1987 Philippine Constitution which states that
no decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based. No petition for review or motion for
reconsideration of a decision of the court shall be refused due course or denied without
stating the legal basis therefor. Further, the Office of the Solicitor General can question the
order of acquittal by filing a petition for certiorari, if the judge acted with grave abuse of
discretion amounting to lack or excess of jurisdiction. The order of acquittal cannot be
appealed as it would violate the right against double jeopardy of the accused.

Here, the RTC render an order of acquittal without expressing therein clearly and distinctly
the facts and the law on which it is based. The RTC merely stated that the prosecution
miserably failed to overcome the accused's presumption of innocence. It did not state the
reason why the prosecution failed to overcome the same. Thus, the RTC is guilty of grave
abuse of discretion when it rendered the order of acquittal, and the Office of the Solicitor
General can file a petition for certiorari to the Court of Appeals to contest the acquittal of the
accused.

20. The Congress enacted the “Battered Partner Law” which amended Republic Act No. 9262
or the Anti-Violence Against Women and Their Children Act. The amendatory law changed
the term “women” to “partners” to make it gender neutral and to recognize husbands and
boyfriends as victims of domestic violence. The amendatory law likewise included LGBTQ+
members who are victims of domestic abuse within the coverage of the law. However, several
groups and activists challenged the constitutionality of the amendatory law on the ground
that it blurs the substantial distinctions between men and women. As a “practice-ready” and
“potentially capable” lawyer, will you support the validity of the amendatory law under
the equal protection clause? Explain.

ANS: No, I will not support the validity of the amendatory law under the equal protection
clause.

Under the Constitution, no person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws. Case law
dictates that there are two (2) ways to violate the equal protection clause: (1) when the law
makes a distinction when there should have been none, and (2) when the law does not make a
distinction when there should have been one. Further, the following are the requisites for a
valid classification: (1) substantial distinction with makes for real differences, (2) the
classification must be germane to the purpose of the law, (3) the classification must not be
limited to existing conditions, and (4) the classification must equally apply to all members of
the same class. Lastly, there is a substantial distinction between men and women because (1)
women are the likely victims of domestic abuse, (2) there is an unequal power relationship
between men and women, and (3) there are gender biases and prejudices in the Philippines.

Here, the amendatory law violated the equal protection clause, because it did not make a
distinction between men, women, and LGBTQ+ members when there should have been one.
First, the Court has already settled that there is a substantial distinction between men and
women. Second, there is a substantial distinction between opposite-sex couples and same-sex
couples. In an opposite-sex relationship, men are generally stronger than women. Thus, the
unequal power relationship between the couple is prevalent. Meanwhile, in a same-sex
relationship, the partner's strength is not too distant from the strength of the other. Thus, the
unequal power relationship in a same-sex relationship is not as prevalent. In sum, I will not
support the validity of the amendatory law under the equal protection clause.

COMMERCIAL AND TAXATION LAW

1. Nympha, a famous author, collaborated with Tobias, a novice illustrator, to create a

children’s book. Tobias offered his services for free. Nympha gave Tobias the manuscript and
discussed with him the inspiration for the characters. Nympha envisioned a story about two
best friends who had a huge fight but later realized the value of forgiveness. Tobias drew the
characters based on Nympha’s specifications and instructions. Nympha then published the
book and claimed sole copyright ownership. Nympha argued that she is the author not only
of the text but also the images in the book since Tobias exactly adopted her idea. Is Nympha
the copyright owner of the images or drawings in the book? Explain.

ANS: No, Nympha is not the copyright owner of the images or drawings in the book.

Under the Intellectual Property Code, no protection shall extend, under this law, to any idea,
procedure, system, method or operation, concept, principle, discovery or mere data as such,
even if they are expressed, explained, illustrated or embodied in a work; news of the day and
other miscellaneous facts having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as well as any official translation
thereof. Further, literary and artistic works which are original intellectual creations in the
literary and artistic domain protected from the moment of their creation.

Here, Nympha is not the copyright owner of the images or drawings in the book, since the
protection under the Intellectual Property Code does not extend to ideas. Instead, Tobias is
the copyright owner of the images or drawings in the book, because he drew these artistic
works, which must be protected from the moment he created the same.

2. In 1984, the Nova Family established the North Nova, Inc. (NNI), a pharmaceutical
company. On August 31, 1984, NNI was issued its certificate of incorporation with
corporate term of 40 years. On August 31, 2024, the corporate term of NNI expired without
the board of directors renewing its corporate existence. However, the Nova Family
continued NNI’s business operations. South Moon, Inc. (SMI), a rival company,
questioned the Nova Family’s action. SMI argued that the Nova Family cannot continue to
operate NNI without reviving its corporate existence. Is the Nova Family’s continued
operations of NNI valid? Explain.

ANS: Yes, Nova Family's continued operations of NNI is valid.

Under the Revised Corporation Code, a corporation shall have perpetual existence unless its
articles of incorporation provides otherwise. Corporations with certificates of incorporation
issued prior to the effectivity of this Code, and which continue to exist, shall have perpetual
existence, unless the corporation, upon a vote of its stockholders representing a majority of its
outstanding capital stock, notifies the Commission that it elects to retain its specific corporate
term pursuant to its articles of incorporation:
Provided, That any change in the corporate term under this section is without prejudice to the
appraisal right of dissenting stockholders in accordance with the provisions of this Code.

Here, NNI already has perpetual existence, since the Revised Corporation Code clearly states
that corporations with certificates of incorporation issued prior to the effectivity of this Code,
and which continue to exist shall have perpetual existence. Further, NNI, upon the vote of its
stockholders representing a majority of its outstanding capital stock, did not notify the
Commission that it will retain its specific corporate term pursuant to its articles of
incorporation. Thus, Nova Family's continued operations of NNI is valid, because NNI did
not cease to exist on August 31, 2024.

3. Ernest Bicycle Corporation (EBC) and Max Speed Corporation (MSC) are the leading
manufacturers and sellers of electric bicycles in the country. EBC and MSC offer their
bestselling models at PHP 25,000.00 per unit. In 2023, Gryffin Pedals, Inc. (GPI) entered the
market and sold electric bicycles with features similar to EBC and MSC’s bestselling models
for only PHP 20,000.00. GPI has no physical stores and offers its products in digital
marketplaces. After a year, GPI had 75% share of the market leaving EBC and MSC at 15%
and 10% shares, respectively. EBC and MSC filed a complaint before the Philippine
Competition Commission and alleged that GPI is fast monopolizing the electric bicycles
market because of its dominant position. Will the complaint against GPI for violation of the
competition laws prosper? Explain.

ANS: No, the complaint against GPI for violation of the competition laws will not prosper.

Under the Philippine Competition Act, nothing in this Act shall be construed or interpreted
as a prohibition on having a dominant position in a relevant market or on acquiring,
maintaining and increasing market share through legitimate means that do not substantially
prevent, restrict or lessen competition. Further, any conduct which contributes to improving
production or distribution of goods or services within the relevant market, or promoting
technical and economic progress while allowing consumers a fair share of the resulting
benefit may not necessarily be considered an abuse of dominant position.

Here, GPI obtained 75% share of the market through legitimate means. It sold electric bicycles
at a much lower price, and its distribution was more efficient as GPI sold the bicycles in
digital marketplaces. Thus, the complaint against GPI for violation of the competition laws
will not prosper, since there was no abuse of dominant position.

4. Audrey read the 24-hour rush sale from Easy Shopping, a known digital marketplace,
which offers free shipping plus 50% cash back for purchases worth at least PHP 10,000.00.
Audrey checked out several items and placed the orders pursuant to the promotion. Easy
Shopping accepted the orders and marked them “pending payment.” However, Audrey’s
digital wallet had insufficient funds and was reloaded only the following day. At that time,
the cashback and free shipping promotions were no longer available. Audrey then demanded
from Easy Shopping to honor their transaction based on the promotion and presented a
screenshot of her orders as supporting evidence. On the other hand, Easy Shopping
countered that the transaction is unenforceable absent a written contract and that Audrey
must pay the regular price and normal shipping rate. Is the transaction enforceable on the
basis of the screenshot of Audrey’s orders with Easy Shopping? Explain.

ANS: Yes, the transaction is enforceable on the basis of the screenshot of Audrey's orders
with Easy Shopping.

Under the Electronic Commerce Act, for evidentiary purposes, an electronic document shall
be the functional equivalent of a written document under existing laws. Also, except as
otherwise agreed by the parties, an offer, the acceptance of an offer and such other elements
required under existing laws for the formation of contracts may be expressed in,
demonstrated and proved by means of electronic data messages or electronic documents and
no contract shall be denied validity or enforceability on the sole ground that it is in the form
of an electronic data message or electronic document, or that any or all of the elements
required under existing laws for the formation of the contracts is expressed, demonstrated
and proved by means of electronic data messages or electronic documents.

Here, the screenshot of Audrey's orders must be considered as equivalent to a written

document under existing laws. Thus, the contract between Audrey and Easy Shopping must
not be considered as unenforceable solely on the ground that it is in the form of screenshots.

5. In 2022, Annie, Brenda, Clara, Donna, and Enola formed Nurturing Family Organization
(NFO), a corporation with the principal purpose of helping single parents. Gregory, a wealthy
philanthropist, donated to NFO a parcel of land through a public document. Clara accepted
the donation in the same public instrument because NFO was not yet registered with the
Securities and Exchange Commission (SEC). In 2023, the SEC issued a certificate of
incorporation in favor of NFO. In 2024, Clara died and her heirs included the donated land in
the settlement of her estate. The heirs of Clara argued that she owned the real property and
not NFO which lacked legal personality at the time of the donation. Is the donation of real
property in favor NFO valid despite its lack of legal personality? Explain.

ANS: Yes, the donation of real property in favor of NFO is valid despite its lack of legal
personality.

Under the Revised Corporation Code, all persons who assume to act as a corporation
knowing it to be without authority to do so shall be liable as general partners for all debts,
liabilities and damages incurred or arising as a result thereof: Provided, however, That when
any such ostensible corporation is sued on any transaction entered by it as a corporation or on
any tort committed by it as such, it shall not be allowed to use its lack of corporate personality
as a defense. Anyone who assumes an obligation to an ostensible corporation as such cannot
resist performance thereof on the ground that there was in fact no corporation.

Here, Gregory obliged himself to donate a parcel of land to NFO, an ostensible corporation.
Further, Gregory could not resist to perform the same on the ground that NFO was still not
incorporated at the time of the execution of the contract of donation.
Thus, the parcel of land must be donated to NFO and not to the estate of Clara.

6. Pierre and Fonzi derived money from the illegal trade of Philippine wildlife like pangolins,
tarsiers, and palm civets. Pierre and Fonzi collected PHP 2,000,000.00 each month which they
delivered to Phoebe, an art collector. Phoebe used the funds to buy high-value paintings
which she auctioned off in art galleries. The police officers tracked down the unlawful
wildlife trading and arrested Phoebe. The operatives charged Phoebe with money laundering.
At the trial, Phoebe argued that she should be acquitted of the charge because she did not
participate in the illegal wildlife trading. Is Phoebe criminally liable for money laundering?
Explain.

ANS: No, Phoebe shall not be criminally liable for money laundering.

Under the Anti-Money Laundering Act, as amended, money laundering is committed by any
person who, knowing that any monetary instrument or property represents, involves, or
relates to the proceeds of any unlawful activity: (a) transacts said monetary instrument or
property; (b) converts, transfers, disposes of, moves, acquires, possesses or uses said
monetary instrument or property; (c) conceals or disguises the true nature, source, location,
disposition, movement or ownership of or rights with respect to said monetary instrument or
property; (d) attempts or conspires to commit money laundering offenses referred to in
paragraphs (a), (b) or (c); (e) aids, abets, assists in or counsels the commission of the money
laundering offenses referred to in paragraphs (a), (b) or (e) above; and (f) performs or fails to
perform any act as a result of which he facilitates the offense of money laundering referred to
in paragraphs (a), (b) or (e) above.

Here, the facts did not show that Phoebe knew that the money of Pierre and Fonzi originated
from the illegal trade of Philippine wildlife. The facts only showed that Pierre and Fonzi gave
her P2,000,000 each month. Thus, Phoebe shall not be criminally liable for money laundering.

7. Nina and Roxanne are shareholders of Essean & Essaiah Corporation (EEC) engaged in the
pet supplies business. In 2023, the Board of Directors declared surplus profits and distributed
dividends to the shareholders. The Board of Directors likewise released the shareholders with
unpaid subscriptions from their obligations. Accordingly, Nina and Roxanne no longer
settled the unpaid balance of their subscriptions. Upon inspection of corporate books,
however, it was revealed that EEC has been experiencing insolvency for the last three years.
In 2024, the directors and shareholders dissolved EEC during their annual meeting and
divided corporate properties and assets among themselves. Aggrieved, the creditors of EEC
filed an action against Nina and Roxanne to collect corporate debts. In their answer, Nina and
Roxanne invoked the distinct personality of EEC from its shareholders. Nina and Roxanne
added that they are not privy to the transactions between EEC and its creditors. May the
creditors of EEC run after Nina and Roxanne to satisfy their claims? Explain.

ANS: Yes, the creditors of EEC can run after Nina and Roxanne to satisfy their claims.
Case law dictates that under the trust fund doctrine, a corporation has no legal capacity to
release an original subscriber to its capital stock from the obligation of paying for his shares,
in whole or in part, without a valuable consideration, or fraudulently, to the prejudice of
creditors. Thus, the creditor is allowed to maintain an action upon any unpaid subscriptions
and thereby steps into the shoes of the corporation for the satisfaction of its debt. Further, the
"Trust Fund" doctrine considers this subscribed capital as a trust fund for the payment of the
debts of the corporation, to which the creditors may look for satisfaction. Until the liquidation
of the corporation, no part of the subscribed capital may be returned or released to the
stockholder (except in the redemption of redeemable shares) without violating this principle.

Here, the Board of Directors released the shareholders with unpaid subscriptions from their
obligations. Further, it distributed dividends to the shareholders even though the corporation
was already experiencing insolvency for the past three years. Thus, under the trust fund
doctrine, the creditors of EEC can run after Nina and Roxanne to satisfy their claims.

8. Felix, Ivan, and Ruth formed a partnership to operate a coffee shop. Felix and Ivan
provided the capital while Ruth contributed her labor and industry. Within the coffee shop,
Felix opened his own plant kiosk and Ruth put up her own souvenir shop. Whereas Ivan set
up a coffee stall two blocks away from the coffee shop. May the partners Felix, Ivan, and
Ruth lawfully engage in their separate businesses? Explain.

ANS: No, Ivan and Ruth cannot engage in their separate businesses. Meanwhile, Felix can
engage in his separate business.

Under the Civil Code, the capitalist partners cannot engage for their own account in any
operation which is of the kind of business in which the partnership is engaged, unless there is
a stipulation to the contrary. Any capitalist partner violating this prohibition shall bring to the
common funds any profits accruing to him from his transactions, and shall personally bear all
the losses. Further, an industrial partner cannot engage in business for himself, unless the
partnership expressly permits him to do so; and if he should do so, the capitalist partners
may either exclude him from the firm or avail themselves of the benefits which he may have
obtained in violation of this provision, with a right to damages in either case.

Here, Ruth, the industrial partner, cannot engage in any other business since the partnership
did not expressly permit him to do so. Further, Ivan, the capitalist partner, cannot set up a
coffee stall two blocks away from the coffee shop, because it was the same kind of business in
which his partnership was engaged. Lastly, Felix, the capitalist partner, can set up the plant
kiosk, because it was not the same kind of business in which his partnership was engaged.
9. Dory is a video blogger with 500,000 subscribers. Dory documented her life in law school
and uploaded the videos in social media platforms. Dory earned PHP 100,000.00 for each
video that gets a hundred thousand views. In one video, Dory shared her difficulties in
reading hundreds of cases and the application of penalties in Criminal Law. Byron, a law
student, uploaded a 10-minute video in social media using a 30-second clip from Dory’s vlog
showing the case list in Criminal Law. Byron shared his study habits and discussed how a
law student like Dory can easily memorize the doctrines on the list. Byron’s video got
1,000,000 views and earned more than what Dory gained. Dory envied Byron and sued him
for copyright infringement and argued that he used her content for monetary gain. Is Byron
liable for copyright infringement? Explain.

ANS: No, Byron is not liable for copyright infringement.

Under the Intellectual Property Code, literary and artistic works which are original
intellectual creations in the literary and artistic domain protected from the moment of their
creation. Further, the fair use of a copyrighted work for criticism, comment, news reporting,
teaching including multiple copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright. In determining whether the use made of a work
in any particular case is fair use, the factors to be considered shall include:
(a) The purpose and character of the use, including whether such use is of a commercial
nature or is for non-profit education purposes; (b) The nature of the copyrighted work; (c)
The amount and substantiality of the portion used in relation to the copyrighted work as a
whole; and (d) The effect of the use upon the potential market for or value of the copyrighted
work.

Here, Byron merely used the clip from Dory's vlog for commentary purposes. Further,
Byron's purpose for using this clip was to provide his own study habits and his memorization
techniques. Lastly, Byron merely used a 30-second clip from Dory's vlog. He did not use the
substantial entirety of Dory's vlog. Thus, Byron is not liable for copyright infringement,
because his use of Dory's clip must be considered as fair use.

10. Express Innovation Corporation (EIC) applied for registration with the Securities and
Exchange Commission (SEC). The EIC submitted its proposed Articles of Incorporation
which reads:
First: That the name of the corporation shall be, “Express Innovation Corporation”
….
 Third: That the principal office of the corporation is located in Sakurajima, Konohana
Ward, Osaka, Japan.
….

Ninth: That Haru Nikko, a resident of Japan, has been elected by the subscribers as the
Treasurer of the Corporation to act as such until after the successor is duly elected and
qualified in accordance with the bylaws, that as Treasurer, authority has been given to
receive in the name and for the benefit of the corporation, all subscriptions,
contributions or donations paid or given by the subscribers or members, who certifies
the information set forth in the seventh and eighth clauses above, and that the paid-up
portion of the subscription in cash and/or property for the benefit and credit of the
corporation has been duly received.
If you are the SEC Examiner, will you recommend the approval of the Articles of
Incorporation? Explain.

ANS: No, I will not recommend the approval of the Articles of Incorporation.

Under the Revised Corporation Code, the place where the principal office of the corporation
is to be located must be within the Philippines. Further, the treasurer of the corporation must
be a resident of the Philippines.

Here, the principal office of the corporation was located in Japan. Further, the treasurer was a
resident of Japan. Thus, I will not recommend the approval of the Articles of Incorporation.

11. Duke is a resident of an exclusive subdivision. Duke always heard loud cars and
motorcycles passing through the neighborhood at night. Duke then set up a closed-circuit
television (CCTV) at his gate and recorded the rowdy vehicles and their plate numbers.
Thereafter, Duke requested from the Land Transportation Office (LTO) the names and
addresses of the registered owners of the vehicles. Duke explained that he will use the CCTV
footage as supporting evidence in his complaint for damages against the vehicle owners.
However, the LTO denied the request on the ground that personal information of vehicle
owners cannot be disclosed without their consent. Is the LTO correct in denying Duke’s
request for information? Explain.

ANS: Yes, the LTO was correct in denying Duke's request for information.

Under the Data Privacy Act, the processing of personal information shall be permitted only if
not otherwise prohibited by law, and when at least one of the following conditions exists: (a)
The data subject has given his or her consent; (b) The processing of personal information is
necessary and is related to the fulfillment of a contract with the data subject or in order to
take steps at the request of the data subject prior to entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal
information controller is subject; (d) The processing is necessary to protect vitally important
interests of the data subject, including life and health; (e) The processing is necessary in order
to respond to national emergency, to comply with the requirements of public order and
safety, or to fulfill functions of public authority which necessarily includes the processing of
personal data for the fulfillment of its mandate; or (f) The processing is necessary for the
purposes of the legitimate interests pursued by the personal information controller or by a
third party or parties to whom the data is disclosed,
except where such interests are overridden by fundamental rights and freedoms of the data
subject which require protection under the Philippine Constitution.

Here, the owners of the motor vehicles did not consent to the disclosure of their names and
addresses. Further, none of the other conditions for the processing of personal information
was present. Thus, the LTO was correct in denying Duke's request for information.

12. Blaine Builders Corporation (BBC) has a total of 200,000 outstanding shares which are all
entitled to vote. However, 10,000 of the shares are under dispute or subject matter of pending
litigations. Harold and Joaquin are BBC’s major stockholders. Harold called a meeting where
stockholders representing 98,400 shares attended and voted for new members of the board of
directors. Joaquin filed an election protest and claimed that there was no quorum in the
meeting which shall consist of the stockholders representing a majority of the outstanding
capital stock. Harold insisted that there is a quorum after excluding the 10,000 disputed
shares. Is there a required quorum in the stockholders’ meeting that elected the new
members of the board of directors? Explain.

ANS: No, the required quorum in the stockholders' meeting that elected the new members of
the board of directors was not met.

Under the Revised Corporation Code, at all elections of directors or trustees, there must be
present, either in person or through a representative authorized to act by written proxy, the
owners of majority of the outstanding capital stock, or if there be no capital stock, a majority
of the members entitled to vote. When so authorized in the bylaws or by a majority of the
board of directors, the stockholders or members may also vote through remote
communication or in absentia: Provided, That the right to vote through such modes may be
exercised in corporations vested with public interest, notwithstanding the absence of a
provision in the bylaws of such corporations. Further, case law dictates that only stocks
actually issued and outstanding may be voted. Thus, for stock corporations, the quorum is
based on the number of outstanding voting stocks. Further, the total outstanding stocks,
without distinction as to disputed or undisputed shares, shall be the rubric for determining
the presence of quorum.

Here, 200,000 shares shall be the rubric for determining the presence of quorum, because the
10,000 shares which were under dispute shall not be excluded in determining the presence of
quorum. Further, the meeting was only attended by the stockholders
representing 98,400 shares. Thus, the required quorum in the stockholders' meeting was
not met.

13. Justin opened a peso savings account with the Ozzy Pay Bank (OPB) where he deposited
his earnings. In 2024, Justin went to OPB to verify his account. The OPB showed to Justin the
transaction history and informed that he had only PHP 100.00 remaining balance after a series
of withdrawals. Justin denied the transactions and claimed that his signatures appearing on
the withdrawal slips in the sum of PHP 3,000.000.00 were forged. The investigation revealed
that an impostor forged the signature on the withdrawal slips and delivered the amounts to
his conspirator who opened a peso savings account with OPB using the funds as initial
deposit. Aggrieved, Justin filed a complaint for sum of money against OPB and alleged that it
was negligent in allowing the unauthorized withdrawals. Meantime, the trial court directed
the OPB to produce the bank records of the conspirator. The OPB refused contending that the
conspirator’s bank account is not the subject of litigation. Did the OPB validly refuse to
disclose the conspirator’s bank records? Explain.

ANS: No, the OPB did not validly refuse to disclose the conspirator's bank records.

Under RA No. 1405, all deposits of whatever nature with banks or banking institutions in the
Philippines including investments in bonds issued by the Government of the Philippines, its
political subdivisions and its instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked into by any person,
government official, bureau or office, except upon written permission of the depositor, or in
cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of
duty of public officials, or in cases where the money deposited or invested is the subject
matter of the litigation. Further, case law dictates that the money is the subject matter of
litigation if it is the very thing in dispute and the mere money equivalent to the checks.

Here, the money that the impostor and his conspirator deposited to OPB was the very thing
in dispute in the complaint for sum of money against OPB. Thus, OPB must produce the bank
records of the conspirator to the court, because this is one of the exceptions provided under
RA No. 1405.
14. Flavio obtained from Safe Assurance Corporation (SAC), through its agent Laureen, a fire
insurance policy over his residential house for a period of one year from August 25, 2024 to
August 24, 2025. Flavio delivered on August 26, 2024 a check representing premium payment
to Laureen who then issued an acknowledgment receipt. On August 27, 2024, a fire
completely razed Flavio’s house. Oblivious of the incident, Laureen deposited the check on
August 28, 2024 to SAC’s bank account and was credited on the same day. Thereafter, Flavio
filed against SAC an insurance claim. However, SAC denied the claim and argued that there
was no payment of premium yet to make the insurance policy effective at the time of the loss.
SAC explained that it received the premium payment only on August 28, 2024 or after the fire
occurred on August 27, 2024. Is there a valid and binding insurance contract between SAC
and Flavio? Explain.

ANS: No, there was no valid and binding insurance contract between SAC and Flavio.

Case law dictates that an insurer is entitled to payment of the premium as soon as the thing
insured is exposed to the peril insured against. This is called as the cash and carry rule.
However, case law provides for exceptions to this rule, such as: (1) when the life or industrial
policy provides for a grace period provision, (2) when a credit term or extension is given, and
loss occurs before the expiration of the term or extension, (3) when an acknowledgment in a
policy or contract of insurance or the receipt of premium is made,
(4) when the parties have agreed to the payment in installments of the premium and partial
payment has been made at the time of loss, and (5) when the insurer is in estoppel as when it
has consistently granted a 60 to 90-day credit term for the payment of premiums.

Here, the check was deposited and credited to SAC's bank account in August 28, 2024.
Meanwhile, the fire completely razed Flavio's house in August 27, 2024. Thus, the fire
insurance policy was not valid and binding, because Flavio failed to pay the premium before
the fire incident occurred, and none of the exceptions provided under the law is present.

15. Sierra Electronics Inc. (SEI) has an outstanding capital stock consisting of 100 common
shares and 100 non-voting preferred shares. The common shares are held by Filipino citizens
while the preferred shares are held by foreigners. SEI planned to buy real property and
establish a manufacturing plant in the Philippines. May the SEI own land in the
Philippines? Explain.

ANS: No, SEl may not own land in the Philippines.

Case law dictates that the control test applies for nationalized or partly nationalized
industries, as provided under the Constitution and the Foreign Investments Act.
For nationalized or partly nationalized industries, the "capital" of the business must be
reserved to Filipinos. Further, the Court upheld the validity of SEC-MC No. 8, which
provides that the required percentage of Filipino ownership shall be applied to both (1) the
total number of outstanding shares of stock entitled to vote in the election of directors, and (2)
the total number of outstanding shares of stock, whether or not entitled to vote in the election
of directors. Lastly, corporations are entitled to own or acquire land in the Philippines, if it
was incorporated in the Philippines and at least 60% of its capital are owned by Filipinos.

Here, only 50% of the total number of outstanding shares of stock, whether entitled to vote or
not, were owned by Filipinos. The remaining 50% were owned by foreigners.
Thus, following the control test, SEl may not own land in the Philippines.

16. The City Treasurer served to Luminous Star Corporation (LSC) a Notice of Assessment
(NOA) for basic local business taxes (LBT) in the amount of PHP 900,000.00, exclusive of
interest and penalties. LSC filed a protest before the City Treasurer but was denied. LSC
appealed to the Metropolitan Trial Court (MeTC) and prayed for a writ of preliminary
injunction to prevent the collection of assessed taxes. The City Treasurer opposed the
application for injunctive relief and contended that the courts cannot enjoin the collection of
taxes. May the MeTC issue an injunctive relief against the City Treasurer from collecting
the local taxes? Explain.

ANS: No, the MeTC may not issue an injunctive relief against the City Treasurer from
collecting the local taxes.

Under the Local Government Code, if the local treasurer finds the assessment to be wholly or
partly correct, he shall deny the protest wholly or partly with notice to the taxpayer. The
taxpayer shall have thirty (30) days from the receipt of the denial of the protest or from the
lapse of the sixty (60) day period prescribed herein within which to appeal with the court of
competent jurisdiction otherwise the assessment becomes conclusive and unappealable.
Further, under RA 9282, the Court of Tax Appeals has jurisdiction over the decisions, orders
or resolutions of the RTC in local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction. Lastly, case law dictates that the denial of
the protest by the Local Treasurer must be appealed to the Regional Trial Court.

Here, the denial of the protest should have been appealed to the Regional Trial Court and not
to the MeTC. Thus, the MeTC may not issue an injunctive relief against the City Treasurer
from collecting the local taxes, because the MeTC does not have jurisdiction over the case.
17. On August 23, 2024, Topaz Gems Industries (TGI) filed with the Bureau of Internal
Revenue (BIR) an administrative claim for refund of overpaid final withholding tax on
dividends paid in 2023. On August 28, 2024, TGI filed a judicial claim for refund before the
Court of Tax Appeals (CTA). The BIR opposed the judicial claim for refund and contended
that the CTA lacks jurisdiction over the case. The BIR added that the judicial claim was
premature having been filed without prior resolution of the administrative claim. Does the
CTA have jurisdiction over the judicial claim for refund? Explain.

ANS: Yes, the TA has jurisdiction over the judicial claim for refund.

Case law dictates that both administrative and judicial claims for a tax refund must be filed
within two (2) years from its erroneous payment or illegal collection. Further, the law only
requires the filing of an administrative claim for refund before the filing of a judicial claim for
refund. It does not require the taxpayer to wait for resolution of the claim by the BIR.

Here, the administrative claim for refund was filed in August 23, 2024. Further, the judicial
claim for refund was filed in August 28, 2024. Thus, the CTA has jurisdiction over the judicial
claim for refund, since TGI does not have to wait for the resolution of the administrative
claim for refund with the BIR before the judicial claim for refund can be filed with the CTA.

18. Fritzie Presley, Inc. (FPI) is a domestic corporation engaged in Value Added Tax (VAT)
zero-rated transactions. In the second quarter of 2022, the input taxes of FPI from zero-rated
sales amounted to PHP 9,811,152.02. The accountant of FPI advised to refund the input taxes
and not to offset it with output taxes. On July 10, 2023, FPI filed a claim to refund the input
taxes before the Bureau of Internal Revenue (BIR) but was denied. FPI elevated the case to the
Court of Tax Appeals (CTA). Meantime, the BIR’s assessment against FPI for deficiency
output VAT for the second quarter of 2022 in the amount of PHP 8,501,355.53 became final
and executory. After trial, the CTA granted FPI’s claim for refund but only for PHP
1,309,796.49 representing the difference between the excess input taxes and deficiency output
taxes. The CTA held that since FPI has deficiency output taxes for 2022, the input taxes must
first be applied against the deficiency taxes, and only the balance should be allowed for
refund. On the other hand, FPI argued that the taxpayer-claimant has the option to charge the
input taxes from zero-rated sales against the output taxes. May the CTA offset the input
taxes against deficiency output taxes even without the taxpayer-claimant choosing this
option? Explain.
ANS: No, the CTA may not offset the input taxes against deficiency output taxes even
without the taxpayer-claimant choosing this option.

Under the National Internal Revenue Code, the taxpayer may claim for refund or issuance of
tax credit certificate of unutilized input VAT attributable to zero-rated sales subject to the
following conditions: (1) the taxpayer is VAT-registered; (2) the taxpayer is engaged in zero-
rated or effectively zero-rated sales; (3) the claim must be filed within two (2) years after the
close of the taxable quarter when such sales were made; and (4) the creditable input tax due
or paid must be attributable to such sales, except the transitional input tax, to the extent that
such input tax has not been applied against the output tax. Further, case law dictates that
nowhere in Section 112 (A) does it require that the taxpayer must first offset its input tax with
any output tax before its claim for refund may prosper.

Here, FPl has the choice to claim for refund or to claim for the issuance of a tax credit
certificate. FPI is not required to offset the amount of input taxes from zero-rated sales against
its deficiency output taxes. Thus, the CTA may not offset the input taxes against deficiency
output taxes even without the taxpayer-claimant choosing this option.

19. The Court of Tax Appeals (CTA) acquitted Stephen in a criminal case for non-filing of
Annual Income Tax Return (ITR) under Section 255 of the Tax Code. The CTA ruled that the
prosecution failed to prove Stephen’s guilt. However, the CTA imposed upon Stephen civil
liability for deficiency income tax arising from the non-filing of ITR. Stephen questioned the
civil aspect of the case and argued that his acquittal in the criminal case exonerated him from
any civil liability arising from the offense. May the CTA impose civil liability to pay taxes
upon Stephen despite his acquittal in the criminal case? Explain.

ANS: Yes, the CTA may impose civil liability to pay taxes upon Stephen despite his acquittal
in the criminal case.

Case law dictates that as a general rule, the acquittal of the accused does not necessarily
extinguish the civil aspect of the case. This is true particularly in crimes involving violation of
the provisions of the 1997 NIRC, as amended, where the alleged non-payment of taxes may
be an essential element. Further, the extinction of the penal action does not carry with it the
extinction of the civil liability in the following instances: 1) The acquittal is based on
reasonable doubt as only preponderance of evidence is required; 2) The court declares that
the liability of the accused is only civil; and, 3) The civil liability of the accused does not arise
from or is not based upon the crime of which the accused is acquitted. However, the civil
liability may be deemed extinguished if the act or omission from which the civil liability may
arise did not exist or where the accused did not commit the acts or omissions imputed to him.
Here, the facts merely stated that that the prosecution failed to prove Stephen's guilt. The
facts did not state that the act or omission from which the civil liability may arise did not exist
or that the accused did not commit the acts or omissions imputed to him. Thus, the general
rule must apply. The TA may impose civil liability to pay taxes upon Stephen despite his
acquittal in the criminal case.

20. On June 30, 2023, the Commissioner of Internal Revenue (CIR) served a Letter of
Authority (LOA) to Waldorf Weston Corporation (WWC). The LOA authorized Revenue
Officer (RO) Arjun and Group Supervisor (GS) Simone to examine WWC’s accounting books
and records for the taxable year 2021. Thereafter, WWC received a Memorandum-Referral
Letter signed by Revenue District Officer (RDO) Desmond authorizing RO Valerie and GS
Warren to continue the audit investigation. The memorandum noted that RO Arjun and GS
Simone were already reassigned to another district office. After proper issuance of a Notice of
Discrepancy and Preliminary Assessment Notice, RO Valerie and GS Warren jointly
recommended that the CIR issue a Final Assessment Notice (FAN) against WWC because it
had unreported gain subject to income tax for 2021. The CIR adopted the recommendation
and served a FAN upon WWC. Aggrieved, WWC challenged the validity of the
Memorandum-Referral Letter on the ground that it is not equivalent to a LOA. Is the
Memorandum-Referral Letter valid to examine WWC’s accounting books and records?
Explain.

ANS: No, the Memorandum-Referral Letter was not valid to examine WWC's accounting
books and records.

Case law dictates that the Letter of Authority commences the audit process and informs the
taxpayer that he shall be investigated for possible deficiency tax assessment. Each revenue
officer must be authorized by a Letter of Authority before the examining the books and
records of a taxpayer. Further, in cases of reassignments, the new set of revenue officers must
be clothed with a new Letter of Authority before examining the books and records of a
taxpayer. Otherwise, the assessment is void.

Here, RO Valerie and GS Warren continued the examination of WWC without being clothed
with a new Letters of Authority. They examined WWC with only a Memorandum-Referral
Letter. Thus, the assessment that they made is void.

CIVIL LAW
1. Carlos and Chloe scheduled their intimate wedding on September 4, 2024 at 7:00 p.m. in
Manila. Chloe purchased from Angelica a gold wedding ring with engraving “Love, Carlos”
for PHP 1,000,000.00. Angelica promised to deliver the ring on or before the wedding day. On
September 1, 2024, a weather bulletin warned that super typhoon Enteng will enter the
country within three days. On September 4, 2024 at 6:00 a.m., typhoon Enteng and the
enhanced southwest monsoon caused massive flooding that rendered major roads in Manila
impassable to all kinds of vehicles. Angelica failed to deliver the ring in time for Carlos and
Chloe’s wedding which pushed through despite the typhoon. Angelica delivered the ring the
following day after the flood subsided. Chloe filed against Angelica a complaint for damages.
Angelica denied liability and argued that typhoon is a fortuitous event. Chloe replied that
typhoon is not a fortuitous event because its arrival was earlier announced. In any event, the
typhoon will not exempt Angelica because of her negligence and default. Angelica was
negligent when she failed to pay attention to the forecast and was in default when she
delivered the ring after the wedding. Is Angelica liable for damages due to default in
complying with her obligation? Explain.

ANS:

2. Viada and Blanco are best friends. In July 2024, Blanco sold to Castan a parcel of land
registered in Viada’s name. Blanco signed the deed of absolute sale in behalf of Viada and
pretended as his agent. In August 2024, Viada executed a special power of attorney (SPA)
authorizing Blanco to sell the identical parcel of land. Blanco executed a deed of absolute sale
in favor of Sanchez Roman who was aware of the prior conveyance of the same land to
Castan. Thereafter, Castan learned of the subsequent transaction between Blanco and Sanchez
Roman. Castan then filed against Sanchez Roman an action for annulment of sale. Castan
argued that Sanchez Roman is in bad faith because of his knowledge of the prior sale.
Sanchez Roman countered that the sale between Blanco and Castan is void for lack of Viada’s
consent. Castan replied that the subsequent issuance of the SPA to Blanco ratified any defect
in their transaction. Who between Castan and Sanchez Roman has a better right over the
parcel of land? Explain.

ANS:

3. Alice and Sheila occupied a parcel of land which they inherited from their parents. In 2003,
Alice executed an affidavit of self-adjudication over the property and was issued a certificate
of title solely under her name. In August 2024, Sheila discovered that she was excluded from
the certificate of title. Sheila filed against Alice an action to reconvey the land based on
implied trust. Sheila alleged continuous actual possession of the property and deprivation of
share as compulsory heir. Alice countered that the prescriptive period to reconvey real
property based on an implied trust is 10 years reckoned when she repudiated the trust in
2003 upon the issuance of certificate of title in her name. Thus, Sheila’s action for
reconveyance filed only in 2024 had already prescribed. Is Sheila’s cause of action to recover
her share in the property from Alice already prescribed? Explain.

ANS:

4. In 2017, Maloi leased her real property to Sheena for a period of 10 years with rental
escalation clause which reads: “For the first five years, the rental rate shall be PHP 10,000.00
per month subject to 10% increase for the succeeding years.” In 2020, Sheena assigned to
Colet her rights and obligations under the contract of lease. Colet then paid the agreed rentals
to Maloi. In 2023, Colet paid PHP 10,000.00 monthly rent through postdated checks but were
dishonored for having been drawn against a closed account. Maloi charged Colet with the
crime of estafa. On the other hand, Maloi demanded from Sheena the unpaid rentals and
stipulated increase in rent but was refused. Sheena denied liability and argued that her
obligation was already extinguished when Colet substituted her as lessee. Sheena added that
Maloi accepted rental payments from Colet. Did novation extinguish Sheena’s obligation
under the contract of lease? Explain.

ANS:

5. Primo, a French national and permanent resident of Canada, executed in the Philippines a
holographic will which he entirely wrote, dated and signed. Primo enumerated in the will
various real and personal properties situated in the Philippines, France and Canada. Primo
bequeathed the properties in the Philippines to his parents, the properties in France to his
siblings, and the properties in Canada to his wife and children. In 2024, Primo suffered a
heart attack and died in Australia while attending a conference. Primo was survived by his
wife, two children, parents, and three siblings. What laws shall govern the formalities of
Primo’s holographic will, the distribution of his estate, and the qualifications of his heirs?
Explain.

ANS:

6. In 2021, Jesse and Celeste got married. After a year, Jesse took all their savings and
abandoned Celeste for his paramour Diana. Jesse asked Diana to quit her job. Diana hesitated
because she has no money and is drowning in debts. Yet, Jesse promised to provide for all of
Diana’s needs. Jesse and Diana then lived together. The following day, Jesse and Diana
bought a brand-new car. The vehicle was exclusively registered under Diana’s name. Celeste
learned of the purchase and filed an action to recover the vehicle from Diana. Celeste claimed
that Jesse is still her lawful husband, and that the car is part of their community property.
Diana countered that she and Jesse are co-owners of the vehicle. Can Celeste recover the
vehicle from Diana? Explain.

ANS:

7. Lloyd had a long-time crush with his childhood friend Miggy. Lloyd always dreamed of
building a family with Miggy but Philippine laws disapprove of same-sex marriages. Lloyd
then migrated and established a career in Sweden. After several years, Lloyd applied for
naturalization and was granted Swedish citizenship. Lloyd underwent gender-affirming
surgery to resemble the woman gender identity. Lloyd also changed his sex from “male” to
“female” and his name from “Lloyd” to “Laida” pursuant to Swedish law. Thereafter, Laida
returned to the Philippines and married Miggy. Is the marriage between Miggy and Laida
valid? Explain.

ANS:

8. In 1990, Monica was born during the marriage of her parents Anton and Steph. In 2024,
Monica discovered that a certain Patrick signed as the father in her birth certificate. Monica
looked for Patrick and was informed that he passed away a year earlier. Monica learned that
Patrick was Steph’s last boyfriend before she married Anton. Thereafter, Monica filed a
complaint for partition of Patrick’s estate. Monica claimed that she is the non-marital child of
Patrick and Steph. Monica submitted her birth certificate where Patrick recognized her as his
daughter. The heirs of Patrick opposed the complaint and argued that Monica is presumed
the legitimate child of Anton and Steph pursuant to Article 164 of the Family Code which
states that “children conceived or born during the marriage of the parents are legitimate.”
The heirs of Patrick also invoked the rule that only the father can impugn the legitimacy of
the child. May Monica impugn her own legitimacy in an action for partition? Explain.

ANS:

9. Zion purchased a condominium unit from Hammered Homes Realty (HHR) for PHP
10,000,000.00. Zion paid a down payment of PHP 2,000,000.00, while the balance of PHP
8,000,000.00 is payable for a period of 80 months at PHP 100,000.00 monthly installments.
Zion started paying the monthly installments on April 15, 2022. Due to financial difficulties,
Zion started to default on his payments from June 15, 2024. Zion paid PHP 1,800,000.00 total
monthly installments. On August 15, 2024, Zion received a notarized letter cancelling the
contract to sell. Zion then went to the office of HHR to claim the cash surrender value of his
payments pursuant to Republic Act No. 6552 entitled “Realty Installment Buyer Act” or the
Maceda Law. Is Zion entitled to cash surrender value? Explain.

ANS:

10. Caloy died with a net estate of PHP 240 million, survived by his:
(1) father - Cesar;
(2) spouse - Grace;
(3) legitimate children - Teddy and Bobbie;
(4) illegitimate child - Rebreb; and
(5) sisters - Alex and Gabbie.

In his will, Caloy instituted Rebreb as the sole heir. How much can Rebreb receive from
Caloy’s estate? Explain.

ANS:

11. Rico mortgaged a parcel of land to Maris as security for a loan. In the mortgage contract,
Rico appointed Maris as attorney-in-fact for the purpose of selling the land in case of default
in the payment of loan. Rico failed to pay his obligation. Maris then purchased the land from
Rico through a deed of absolute sale. Later, Rico questioned the mortgage contract because it
violates the prohibition against pactum commisorium. As such, the subsequent sale is also
void. Is the sale between Rico and Maris valid? Explain.

ANS:

12. Kiko leased a parcel of land to Jackie from January to December 2024 or for a period of
one year. In July 2024, Kiko sent to Jackie a letter which reads: “I am giving you the first
opportunity to buy the leased property for PHP 1,000,000.00. You have until the expiration of the
lease contract within which to decide.” Immediately, Jackie informed Kiko that she will buy the
leased property for PHP 800,000.00. Kiko did not reply to Jackie. In August 2024, Jackie
learned that Kiko sold the leased property to Bogs for PHP 800,000.00. Aggrieved, Jackie filed
an action against Kiko and Bogs to rescind their contract of sale. Jackie claimed that the sale
transaction violated her right of first refusal, and that she must be allowed to buy the
property at a similar price of PHP 800,000.00. Can Jackie rescind the contract of sale between
Kiko and Bogs for the alleged violation of her right of first refusal? Explain.

ANS:

13. Klyde and his predecessors-in-interest had been in open, continuous, exclusive and
notorious possession and occupation of a 10-hectare agricultural land of the public domain
under a bona fide claim of ownership since 1995. In 2015, the property had been declared
alienable and disposable. In 2020, Klyde applied for registration of the lot. The Register of
Deeds denied the application because Klyde did not occupy the property since time
immemorial or before June 12, 1945. Is the Register of Deeds justified in denying
registration of the property in favor of Klyde based on lack of occupation since time
immemorial? Explain.

ANS:

14. In 2015, Sergio and Calista got married. In 2019, Sergio started complaining about his
recurring and severe migraines. Sergio then left without informing Calista his whereabouts.
Eventually, Calista fell in love with her best friend Albert. In 2024, Calista filed a summary
proceeding to declare Sergio presumptively dead so she can marry Albert. Calista alleged
that Sergio’s only known relative is his brother, Robert, who lives in Cotabato City. Calista
wrote to Robert and asked him about Sergio. Robert replied that he does not have any idea
where to find Sergio. Calista also tried to inquire from Sergio’s friends but to no avail. Thus,
Calista honestly believed that Sergio is already dead. Is Calista’s petition for declaration of
presumptive death meritorious? Explain.

ANS:

15. Ginny arrived at Star Viva Hotel (SVH) and entrusted the ignition key of her vehicle to
parking attendant Marco, who in turn, issued a valet parking customer claim stub. After
parking the vehicle, Marco placed the ignition key inside a safety box. Ginny proceeded to
the hotel lobby to check in. At midnight, the hotel security officer informed Ginny that her
vehicle was carnapped. Ginny filed against SVH an action for damages for the loss of the
vehicle. In its answer, SVH denied responsibility for any loss or damage to vehicles in the
parking area since the valet parking service is a special privilege given for the convenience of
hotel guests. Is SVH liable for the loss of Ginny's vehicle? Explain.

ANS:

16. In 2021, Kynan was born to live-in partners Popoy and Basha. After a year, Popoy and
Basha parted ways due to irreconcilable differences. Basha worked as a market vendor to
support Kynan and often left him in the care of his maternal grandmother. Popoy
occasionally sent money for Kynan’s needs. Later, Basha had a discreet romantic affair with
her best friend Helen. In 2024, Popoy filed a case for the sole custody of Kynan and alleged
that Basha is an unfit mother. Popoy argued that Basha’s lesbian relationship is not conducive
to the proper moral development of Kynan. Basha countered that she is able to take care of
and provide for Kynan despite her meager income. Are there compelling reasons to deprive
Basha of Kynan’s custody? Explain.

ANS:

17. Lennon made a last will and testament which contained two simple dispositions, to wit:
“First, I am leaving one-half of my estate in favor of the poor…. Second, I am leaving the other half of
my estate in favor of my soul….” Lennon named Atty. Manresa as executor and instructed him
to carry out the provisions of his will. In 2024, Lennon died single and childless. Thereafter,
Lennon’s will was presented for probate. The siblings of Lennon opposed the probate of the
will and claimed his entire estate through intestate succession. The siblings of Lennon argued
that his testamentary dispositions are void because the first is in favor of an unknown person
while the second is for a beneficiary without civil personality. Are the dispositions in
Lennon’s will void? Explain.

ANS:

18. Sharon owned a parcel of land adjoining the sea with flat terrain at the center and elevated
rocky northern part. Sharon executed a written instrument where she donated the portion
with flat terrain to Nicholas who accepted it in the same instrument. After survey, Nicholas
discovered that the land described in the deed of donation refers to the rocky northern
portion. However, Sharon already died without correcting the mistake. Nicholas asked the
heirs of Sharon to execute an amended deed of donation over the flat terrain but was refused.
Nicholas filed against the heirs of Sharon an action for reformation of instrument to reflect the
real intention of the parties. May the trial court compel the heirs of Sharon to reform the
instrument and execute an amended deed of donation? Explain.

ANS:

19. On July 5, 2024, Odrey and Jeboy executed a notarized agreement for the sale of real
property which reads: “Odrey agrees to sell Lot 0416 to Jeboy for a total consideration of PHP
1,000,000.00. Upon full payment of the purchase price, Odrey will execute a deed of absolute sale in
favor of Jeboy.” The following day, Jeboy recorded the instrument with the Register of Deeds.
On August 5, 2024, Odrey and Lorenz executed a notarized document over the same parcel of
land which reads: “for and in consideration of PHP 1,000,000.00, receipt of which is hereby
acknowledged, Odrey hereby sells, transfers, and conveys and by these presents sold, transferred, and
conveyed Lot 0416 to Lorenz.” The deed between Odrey and Lorenz was not registered. Later,
Jeboy discovered the transaction between Odrey and Lorenz. Jeboy invoked the rules on
double sale and argued that he has a better right because he is the first registrant in good
faith. Will the rules on double sale apply? Explain.

ANS:

20. Alan, a mall security guard, negligently shot Kazuto, a customer who died on the spot.
The heirs of Kazuto filed an action for damages against Alan, for his own negligence, and his
employer, Ryota Security Agency (RSA), for failure to observe diligence in the selection and
supervision of its employees. In due course, the trial court ruled that both Alan and RSA are
negligent and ordered them to pay damages in favor of the heirs of Kazuto, to wit:

FOR THESE REASONS, the complaint for quasi-delict is GRANTED. Alan is civilly liable
to pay the heirs of Kazuto PHP 1,000,000.00 actual damages, PHP 500,000.00 moral damages,
and PHP 500,000.00 exemplary damages. Ryota Security Agency, as employer, is
subsidiarily liable to pay the award of damages in case of the employee’s insolvency. The
award of damages shall earn interest at the rate of 12% from filing of the complaint until
finality of the decision. SO ORDERED.

Did the trial court properly impose the civil liabilities of Alan and RSA? Explain.

ANS:
 LABOR LAW AND SOCIAL LEGISLATIONS

1. Zhi Go (Zhi) is a non-resident Chinese national who plans to live and establish a career in
the Philippines. Zhi went to the Philippines and applied with the Tarlac Agricultural
Products (TAP) as an ordinary farm worker. The TAP hired Zhi because of her diverse set of
farming skills. The TAP assigned Zhi in its Bamban Farm. Did TAP lawfully hire Zhi Go as a
farm worker? Explain.

ANS: No, TAP did not lawfully hire Zhi Go as a farm worker.

Under the Labor Code, any alien seeking admission to the Philippines for employment
purposes and any domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit from the Department of
Labor. Further, the employment permit may be issued to a nonresident alien or to the
applicant employer after a determination of the non-availability of a person in the Philippines
who is competent, able and willing at the time of application to perform the services for
which the alien is desired.

Here, Zhi Go was hired by TAP without having an alien employment permit. Further, the
non-availability of a person in the Philippines who is competent, able and willing at the time
of the application to perform the services for which Zhi Go is desired was not determined.
Thus, TAP did not lawfully hire Zhi Go as a farm worker.

2. Manila Yummy Restaurant (MYR) pays its receptionists PHP 500.00 a day. The
receptionists contested the amount because the present minimum wage in the National
Capital Region is PHP 645.00 for the nonagricultural sector. MYR countered that it is paying
the receptionists a total of PHP 700.00 which is more than the required minimum wage. MYR
explained that it provides the receptionists food and beverage worth PHP 200.00 per day in
addition to the PHP 500.00 cash component of their wages. The food and beverage are given
during lunch time to ensure that the receptionists will entertain guests instead of leaving their
stations. Thus, the PHP 200.00 value of the food and beverage must be added to the PHP
500.00 cash component of their wage. May MYR lawfully add the value of the food and
beverage as part of the wages of its receptionists? Explain.

ANS: No, MYR cannot lawfully add the value of the food and beverage as part of the wages
of its receptionists.

Case law dictates that "supplements" constitute extra remuneration or special privileges or
benefits given to or received by the laborers over and above their ordinary earnings or wages.
"Facilities," on the other hand, are items of expense necessary for the laborer and his family's
existence and subsistence so that by express provision of law, they form part of the wage and
when furnished by the employer are deductible therefrom, since if they are not so furnished,
the laborer would spend and pay for them just the same. In short, the benefit or privilege
given to the employee which constitutes an extra remuneration above and over his basic or
ordinary earning or wage is supplement; and when said benefit or privilege is part of the
laborers' basic wages, it is a facility. The distinction lies not so much in the kind of benefit or
item (food, lodging, bonus or sick leave) given, but in the purpose for which it is given. If a
benefit or privilege granted to the employee is clearly for the employer's convenience, it will
not be considered as a facility but a supplement.

Here, the food and beverages worth PHP 200.00 were given to ensure that the receptionists
will entertain guests instead of leaving their stations. In other words, they were given for the
convenience of the employer. Thus, they cannot be deducted from the wages of the
receptionists, because they must be considered as supplements and not facilities.

3. Lexi Enterprises always made sure that the salary of its supervisory employees is 70%
higher than the wage of its rank-and-file workers. Later, the management of Lexi Enterprises
realized that its business is highly dependent on rank-and-file workers because they spend
more time in providing services to the clients. Thus, Lexi Enterprises significantly increased
the wages of its rank-and-file workers such that they are only 10% behind the salary of the
supervisory employees. Consequently, the supervisory employees demanded an increase in
their salaries and alleged that Lexi Enterprises must correct the wage distortion. May the
supervisory employees validly demand an increase in their salaries? Explain.

ANS: No, the supervisory employees cannot validly demand an increase in their salaries.

Case law dictates that the following are the elements of wage distortion: (1) An existing
hierarchy of positions with corresponding salary rates; (2) A significant change in the salary
rate of a lower pay class without a concomitant increase in the salary rate of a higher one; (3)
The elimination of the distinction between the two levels; and (4) The existence of the
distortion in the same region of the country. Further, it dictates that the wage distortion must
be caused by the issuance of a wage order by the Regional Tripartite Wages and Productivity
Board, and not the management prerogative of the employer.

Here, the salaries of the rank-and-file workers were increased because of the decision of Lexi
Enterprises and not because of the issuance of wage order. Thus, the supervisory employees
cannot demand an increase in their salaries, because there was no wage distortion.
4. The Philippines celebrates “Ninoy Aquino Day” every August 21 of the year as a special
non-working holiday. Tyson Plastic Company (TPC) scheduled its machine shutdown on
August 21, 2024 and informed the workers that the factory will be closed for maintenance.
Later, the President of the Philippines issued Proclamation No. 665 moving the observance of
“Ninoy Aquino Day” from August 21, 2024, Wednesday, to August 23, 2024, Friday, to
promote domestic tourism in the country. The TPC announced that the machine shutdown
will push through as scheduled and required the workers to report on August 23, 2024.
Winslet is paid PHP 700.00 daily salary as a machine operator. Winslet reported for work on
August 23, 2024 and claimed holiday premium pay. The TPC denied the claim and argued
that Winslet already enjoyed the holiday on August 21, 2024 when the factory was closed.
How much is Winslet entitled to for working on August 23, 2024? Explain.

ANS: Winslet is entitled to P910.00 for working on August 23, 2024.

Under the Labor Code, work performed on any special holiday shall be paid an additional
compensation of at least thirty percent (30%) of the regular wage of the employee.

Here, the special non-working holiday was moved to August 23, 2024. Since Winslet worked
on the said date, she is entitled to 130% of her daily wage. Thus, she must earn P910.00 on the
said date.

5. Spouses Felix and Sarah have three minor children. In 2022, Felix was detained for
committing a non-bailable offense. Sarah looked for a job to support her children. On May 18,
2024, Jared Corporation hired Sarah as a cashier. On August 18, 2024, Sarah claimed that she
is a solo parent and applied for parental leave under Republic Act No. 11861 or the Expanded
Solo Parents Welfare Act. Is Sarah entitled to parental leave? Explain.

ANS: No, Sarah is not entitled to parental leave.

Under Republic Act No. 11861, a solo parent refers to a parent who provides sole parental
care and support of the child or children due to the detention of the spouse for at least three
(3) months or service of sentence for a criminal conviction. Further, in addition to leave
privileges under existing laws, a forfeitable and noncumulative parental leave of not more
than seven (7) working days with pay every year shall be granted to any solo parent
employee, regardless of employment status, who has rendered service of at least six (6)
months: Provided, That the parental leave benefit may be availed of by the solo parent
employees in the government and the private sector.
Here, Sarah has only been an employee of Jared Corporation for three (3) months. Thus,
Sarah is not entitled to parental leave.

6. In August 2019, Vans Taste Restaurant (VTR) entered into a yearly and renewable service
contract with Colin Consultancy Services (CCS) for the supply of professional advisors that
will design action plans for the restaurant business. CCS has a capital of PHP 20,000,000.00
based on its audited financial statements. CCS hired Grayson, Oswald, and Peyton (Grayson,
et. al.) and deployed them to VTR as professional advisors. CCS prescribed Grayson, et. al.’s
daily work schedules and specific steps in designing the action plans. Whereas VTR required
Grayson, et. al. to submit five action plans each month. In August 2024, the service contract
expired without VTR and CCS renewing the agreement. VTR then no longer permitted
Grayson, et. al. to enter the restaurant. Aggrieved, Grayson, et al. filed against VTR a
complaint for regularization and illegal dismissal because they have been working as its
professional advisors for five years. Grayson, et al. also claimed that CCS is a labor-only
contractor since it has no investment in the form of tools, equipment, and machineries. Will
the complaint for regularization and illegal dismissal prosper? Explain.

ANS: No, the complaint for regularization and illegal dismissal will not prosper.

Under Department Order 174-17, there is labor-only contracting when: (1) the contractor does
not have substantial capital or substantial investments in the form of tools, equipment,
machineries, supervision, or work premises and the contractor's employees were performing
activities which are directly related to the main business of the principal, or (2) the contractor
does not exercise right to control over the work of the employee. Further, case law dictates
that in labor-only contracting, there exists an employer-employee relationship between the
principal and the workers of the labor-only contractor. Meanwhile, in legitimate contracting,
there exists an employer-employee relationship between the contractor and the workers. The
principal is not the direct employer.

Here, CCS was a legitimate contractor because it has a substantial capital in the amount of
P20,000,000 based on its audited financial statements. The law only requires the contractor to
either have substantial capital or substantial investments in the form of tools, equipment, and
machinery. Both are not required. Further, CCS exercised control over the work of the
professional advisors because CCS provided their daily work schedules and specific steps in
designing the plans. Thus, the complaint for regularization and illegal dismissal will not
prosper, because the professional advisors were employees of CCS and not VTR.
7. Grand Duke Manila (GDM), a five-star world-class hotel, hired Zoey as a banquet server.
GDM informed Zoey of its company rule against tattoos as part of grooming standards. The
policy prohibits hospitality staff members from having tattoos due to their different cultural
meanings that might offend foreign guests. Later, GDM discovered that Zoey had an existing
tattoo on her nape which she concealed during the hiring process. After the required notices,
GDM dismissed Zoey for violation of the company policy against tattoos. Is Zoey’s dismissal
valid? Explain.

ANS: No, Zoey's dismissal was invalid.

Case law dictates that to justify a bona fide occupational qualification, the employer must
prove that: (1) the employment qualification is reasonably related to the essential operation of
the job involved; and (2) that there is factual basis for believing that all or substantially all
persons meeting the qualification would be unable to properly perform the duties of the job.

Here, GDM failed to show why Zoey would be unable to properly perform her duties as a
banquet server by having a tattoo on her nape. Thus, Zoey's dismissal was invalid, because
this company policy against tattoos was not a bona fide occupational qualification.

8. Brent Therapy Clinic (BTC) engaged Franklin as a probationary physical therapist for a
period of five months. BTC informed Franklin that he must obtain satisfactory grades in these
criteria: (a) diagnosis of movement dysfunction; (b) therapeutic exercise techniques; (c)
stimulation and healing massage; and (d) proper use of machines and equipment. After three
months, BTC observed that Franklin cannot meet the minimum criteria. Franklin was
unfamiliar with therapeutic exercise techniques and was unable to remember the use of
therapy machines. The following day, the owner of BTC left a note on Franklin’s desk which
reads:

Hi Franklin. I tried to guide and train you in the past months but there has been no
improvement. The management is unhappy with your work performance. Thus, your
probationary employment is terminated one week from notice for failure to meet the minimum
standards for regularization.

Aggrieved, Franklin questioned his termination for lack of procedural due process. Is BTC
required to comply with the twin-notice rule before terminating Franklin’s employment?
Explain.

ANS: No, BTC is not required to comply with the twin-notice rule before terminating Frank's
employment.
Under the Labor Code, probationary employment shall not exceed six (6) months from the
date the employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee who has been engaged on a
probationary basis may be terminated for a just cause or when he fails to qualify as a regular
employee in accordance with reasonable standards made known by the employer to the
employee at the time of his engagement. An employee who is allowed to work after a
probationary period shall be considered a regular employee. Further, case law dictates that
the dismissal of the probationary employee for failure to meet the reasonable standards does
not require notice and hearing. Due process of law was accorded to the employee if the
reasonable standards during the probationary period were made known to the employee at
the time of his engagement.

Here, Frank's employment, as a probationary employee, was terminated because he was not
able to meet the reasonable standards made known to him at the time of his engagement.
Thus, the twin-notice rule is not required before he can be terminated from employment.

9. Preston Salon and Spa (PSS) hired Nixon as a senior stylist in its Manila branch. Nixon
signed an employment contract which provides that “employees shall not engage in or set up
within the same locality a business similar or related to the company during their course of
employment and for a period of one year after their tenure.” Thereafter, PSS received information
that Nixon assisted his sister in establishing a new salon in Manila. Nixon admitted lending
PHP 300,000.00 to his sister as capital and that he shall be entitled to 10% yearly profits of the
new salon. Nixon also referred two former PSS employees as applicants to the new salon.
After the required notices, PSS dismissed Nixon for violation of his employment contract. Is
Nixon’s dismissal valid? Explain.

ANS: Yes, Nixon's dismissal was valid.

Case law dictates that a non-involvement clause or a non-compete clause is not necessarily
void for being in restraint of trade as long as there are reasonable limitations as to time, trade
and place.

Here, there was a reasonable limitation as to the time, since Nixon was only prohibited to
engage or setup a similar or related business to PSS during the period of employment and for
one year after his tenure. Further, there was a reasonable limitation as to the place, since
Nixon was only prohibited to engage or set up a similar or related business to PSS within the
same locality as the Manila branch. Lastly, there was a reasonable limitation as to the trade,
since Nixon was only prohibited to engage or set up a similar or related business to PSS. He
can still engage or set up a completely unrelated business to PSS. Thus, the dismissal of Nixon
was valid, because the non-involvement or non-compete clause was valid.

10. Ronin Airline Company (RAC) hired Orwell as a flight engineer. In January 2024, RAC
and Orwell entered into a three-month overseas training agreement which reads: “the
employer agrees to invest on the travel expenses and allowances of the employee abroad provided that
he will remain in the company for two years after the training. Otherwise, the employee must
reimburse the employer travel expenses and pay liquidated damages of PHP 30,000.00.” Orwell
completed the training abroad and returned to the Philippines. In August 2024, Orwell
tendered his irrevocable resignation. Aggrieved, RAC filed against Orwell a complaint for
sum of money before the trial court. Orwell sought to dismiss the action for lack of
jurisdiction and argued that it is the labor arbiter that has authority to decide money claims
arising from employment relationship. Which between the trial court and labor arbiter has
jurisdiction over the complaint? Explain.

ANS: The Labor Arbiter has jurisdiction over the complaint.

Under the Labor Code, the Labor Arbiter has exclusive original jurisdiction over claims for
actual, moral, exemplary and other forms of damages arising from the employer-employee
relations.

Here, the claims of RAC against Orwell arose from Orwell's breach of the three-month
overseas training agreement. In other words, the claims arose out of the employer-employee
relationship between RAC and Orwell. Thus, the Labor Arbiter has jurisdiction over the
complaint and not the labor arbiter.

11. Athena Coffee Company (ACC) hired 300 coffee roasters under similar employment terms
and conditions. ACC assigned these employees to its three roasting factories in Manila,
Laguna, and Cavite. In August 2024, the AAC Manila Workers Organization (AAC-MWO)
filed a petition for certification election to represent all coffee roasters including those in the
unorganized Laguna and Cavite factories. AAC opposed the petition and argued that the
three factories do not constitute an appropriate bargaining unit on account of their different
geographical locations. May the coffee roasters in the three factories constitute an
appropriate bargaining unit? Explain.

ANS: Yes, the coffee roasters in the three factories constitute an appropriate bargaining unit.
Case law dictates that the fundamental factors in determining the appropriate collective
bargaining unit are: 1) the will of the employees (Globe Doctrine); 2) affinity and unity of the
employees' interest, such as substantial similarity of work and duties, or similarity or
compensation and working conditions (substantial Mutual Interests Rule); 3) prior collective
bargaining history; and (4) similarity of employment status.

Here, the coffee roasters in the three factories constitute an appropriate bargaining unit,
because (1) it was their will to be part of one bargaining unit, (2) there was substantial
similarity in their work and duties, since all of them are coffee roasters, and (3) they have
similar employment terms and status. Thus, even if they work in different factories of AAC,
they constitute as one collective bargaining unit.

12. EXO Corporation, Inc. (ECI) and its exclusive bargaining agent Kami Labor Union (KLU)
entered into a collective bargaining agreement effective from December 15, 2019 to December
14, 2024. The agreement prohibits KLU and its members from holding a strike and lockout. In
May 2024, ECI and KLU negotiated the economic provisions of the agreement but ended in a
deadlock. KLU filed a notice of strike. After the conciliation failed, KLU conducted a strike
vote which obtained majority support. KLU reported the strike vote to the Department of
Labor and Employment. KLU then went on strike after the mandatory cooling-off period. ECI
questioned the validity of the strike for being contrary to the collective bargaining agreement.
In contrast, KLU argued that it complied with the strict requirements for staging a strike. Is
the strike legal? Explain.

ANS: No, the strike is illegal.

Case law dictates that if there is a no-strike or no-lockout clause in the collective bargaining
agreement, a strike or a lockout cannot be conducted. However, this only applies to strikes
due to bargaining deadlocks, and not to strikes due to unfair labor practice.

Here, the collective bargaining agreement prohibits KLU and its members from holding a
strike and lockout. Further, there was a bargaining deadlock in this case. There was no unfair
labor practice. Thus, the strike is illegal.

13. On May 31, 2024, the collective bargaining agreement between Gretel Corporation, Inc.
(GCI) and Gretel Labor Union (GLU) expired. After several negotiations, GCI and GLU
signed a new collective bargaining agreement on August 31, 2024, which obliged the
company to pay a wage increase in favor of the employees. GLU then demanded salary
differentials starting June 1, 2024. However, GCI argued that the provisions of the new
collective bargaining agreement as to the wage increase shall be prospective in application
beginning August 31, 2024. When shall the salary increase be reckoned? Explain.

ANS: The salary increase shall be reckoned from June 1, 2024.

Under the Labor Code, any Collective Bargaining Agreement that the parties may enter into
shall, insofar as the representation aspect is concerned, be for a term of five (5) years. No
petition questioning the majority status of the incumbent bargaining agent shall be
entertained and no certification election shall be conducted by the Department of Labor and
Employment outside of the sixty-day period immediately before the date of expiry of such
five-year term of the Collective Bargaining Agreement. All other provisions of the Collective
Bargaining Agreement shall be renegotiated not later than three (3) years after its execution.
Any agreement on such other provisions of the Collective Bargaining Agreement entered into
within six (6) months from the date of expiry of the term of such other provisions as fixed in
such Collective Bargaining Agreement, shall retroact to the day immediately following such
date. If any such agreement is entered into beyond six months, the parties shall agree on the
duration of retroactivity thereof.

Here, the new collective bargaining agreement was entered into within six (6) months from
the date of expiration of the terms of the previous collective bargaining unit. Thus, the wage
increase shall retroact to June 1, 2024, or the day immediately following the expiration of the
previous collective bargaining agreement.

14. In 2023, Star Maxima Corporation (SMC) and Astra Labor Union (ALU) executed a
collective bargaining agreement covering the rank-and-file employees effective for five years.
In 2024, Troy called for the removal of Andres as union president and obtained majority
support of ALU members through signature campaign. Thereafter, Troy assumed the
position of union president, changed the name of ALU to Stella Labor Organization (SLO),
adopted new by-laws, and appointed other union officers. Andres informed SMC that ALU
remained the exclusive bargaining agent. On the other hand, Troy demanded recognition of
SLO and its new leadership to administer the collective bargaining agreement and to receive
the union dues. Eventually, SMC turned over the collected union dues to the SLO treasurer.
Aggrieved, Andres filed a complaint for unfair labor practice against SMC alleging gross
violation of the collective bargaining agreement. Is SMC guilty of unfair labor practice?
Explain.

ANS: No, SMC was not guilty of unfair labor practice.

Under the Labor Code, gross violations of Collective Bargaining Agreement shall mean
flagrant and/ or malicious refusal to comply with the economic provisions of such
agreement. Further, there is unfair labor practice when there is a gross violation of the
Collective Bargaining Agreement.

Here, the recognition of SLO as the exclusive bargaining agent, and the turnover of union
dues to SLO involved the political provisions of the Collective Bargaining Agreement. The
economic provisions of the Collective Bargaining Agreement were not involved. Thus, SMC
is not guilty of unfair labor practice.

15. Thalia, the owner of Quinn Karaoke Club (QKC), hired Darrence as an accountant. On
January 19, 2023, QKC’s owner verbally informed Darrence to look for another job and
banned him from the club. Darrence filed against QKC a complaint for illegal dismissal.
Meantime, Darrence was hired as an accountant in another company on February 14, 2023. In
its answer, QKC countered that Darrence abandoned his work in favor of a better paying job.
On June 22, 2024, QKC ceased business. In due course, the Labor Arbiter declared Darrence
unjustly dismissed from work and awarded him full backwages computed from January 19,
2023, when he was verbally dismissed, until June 22, 2024, when QKC stopped operations.
Thalia sought reconsideration and invoked the principles of “no work no pay” and “unjust
enrichment.” Thalia argued that Darrence’s salaries earned from another employer should be
deducted from the award of backwages. The Labor Arbiter granted the motion and
recomputed backwages from January 19, 2023, Darrence’s date of illegal dismissal, until
February 14, 2023, when another employer hired him. Is the Labor Arbiter correct in limiting
the period for computing the award of backwages? Explain.

ANS: No, the Labor Arbiter was wrong in limiting the period for computing the award of
backwages.

Under the Labor Code, the backwages must be computed from the time his compensation
was withheld, i.e., illegal termination, up to the time of his actual reinstatement. Further, case
law dictates that if the employee was never reinstated, the backwages must be computed
from the time his compensation was withheld, i.e., illegal termination, up to the time of
finality of decision.

Here, the Labor Arbiter is incorrect was wrong in limiting the period for computing the
award of backwages. The law is clear when it stated that backwages must be computed from
the time of illegal termination up to the finality of the decision. Thus, the wages that Darrence
carned from having another employment, during the pendency of the case, must not be
deducted to the backwages.
16. Zoe Enterprises hired Celine as a machine operator. In January 2024, Celine was medically
diagnosed with tuberculosis and declared “unfit to continue working.” Zoe Enterprises
dismissed Celine because of serious illness and gave her separation pay of one month salary
per year of service which she used for her hospitalization and medical expenses. In April
2024, Celine was cleared of tuberculosis and was issued a medical certificate that she is
medically fit to work. Celine demanded reinstatement from Zoe Enterprises but was refused.
Aggrieved, Celine filed a complaint for illegal dismissal. Zoe Enterprises countered that
Celine was validly dismissed because she was suffering from a contagious disease. Is Zoe
Enterprises liable for illegal dismissal? Explain.

ANS: Yes, Zoe Enterprises is liable for illegal dismissal.

Case law dictates that for a dismissal on the ground of disease to be considered valid, two
requisites must concur: (a) the employee suffers from a disease which cannot be cured within
six months and his/her continued employment is prohibited by law or prejudicial to his/her
health or to the health of his/her co-employees, and (b) a certification to that effect must be
issued by a competent public health authority.

Here, Zoe Enterprises failed to show that the iliness of Celine cannot be cured within six 6)
months. In fact, in less than six (6) months, Celine was cleared of tuberculosis and was issued
a medical certificate that she is medically fit to work. Further, the facts did not show that Zoe
Enterprises obtained a certification that was issued by a competent public health authority
regarding Celine's illness. Thus, Zoe Enterprises is liable for illegal dismissal.

17. Mabuhay Travels, Inc. (MTI), a local manning agency acting for its principal Carousel
Cruise Corporation (CCC), deployed Elizabeth as waitress on board the vessel M/S Carnival
Miracle. Elizabeth finished the contract and prepared for repatriation. Upon arrival in Manila,
Elizabeth complained of episodic chest and neck pains. Elizabeth consulted a cardiologist and
was diagnosed of “mitral regurgitation, allergic rhinitis, and thyroid pathology.” The chest
and neck pains of Elizabeth persisted that rendered her unfit for sea service. Elizabeth then
filed a complaint for disability benefits against MTI and CCC. The Labor Arbiter dismissed
the complaint because Elizabeth did not undergo a post-employment medical examination
with the company-designated physician within three working days from arrival in the
Philippines. Is the Labor Arbiter correct in dismissing the complaint for failure of Elizabeth
to comply with the mandatory three-day reportorial requirement? Explain.
ANS: Yes, the Labor Arbiter is correct in dismissing the complaint for failure of Elizabeth to
comply with the mandatory three-day reportorial requirement.

Case law dictates that the seafarer, upon sign-off from his vessel, must report to the
company-designated physician within three days from arrival for diagnosis and treatment,
except when he is physically incapacitated to do so, in which case a written notice to the
agency within the same period is deemed as compliance. Failure of the seafarer to comply
with the mandatory reporting requirement shall result in the forfeiture of the right to claim
the benefits.

Here, Elizabeth failed to undergo a post-employment medical examination with the

company-designated physician within three working days from arrival in the Philippines,
even though she was not physically incapacitated to do so. Thus, her disability benefits shall
be deemed forfeited.

18. Fabio entered into a contract of overseas employment as a seafarer with Gibson Ship
Management (GSM), a local manning agency acting in behalf of its principal Blythe Tankers
Company (BTC). On board the vessel, Fabio suffered lower back pains while performing his
assigned task. Despite therapy and medication, Fabio continued to suffer severe lower back
pains. The company-designated physician diagnosed Fabio with “Lumbar Strain T/C Slipped
Disc.” Fabio then filed a complaint for disability benefits before the Labor Arbiter. GSM and
BTC countered that Fabio is disqualified from claiming disability benefits because he
concealed his urinary tract infection and hypertension during his preemployment medical
examination. Is Fabio entitled to disability benefits even if he concealed pre-existing
medical conditions? Explain.

ANS: Yes, Fabio is still entitled to disability benefits even if he concealed his pre-existing
medical conditions.

Case law dictates that a seafarer who knowingly conceals a pre-existing illness or condition in
the Pre-Employment Medical Examination (PEME) shall be liable for misrepresentation and
shall be disqualified from any compensation and benefits. However, it also dictates that the
seafarers' concealed prior injuries or illnesses must be related to their pending disability
claims for injury or illness. Thus, the Court will not disallow the disability claims due to
concealment of a pre-existing medical condition if the seafarer's disability claims are
unrelated to his present medical conditions.

Here, the company-designated physician diagnosed Fabio with "Lumbar Strain T/C Slipped
Disc." This injury is unrelated to urinary tract infection and hypertension. Thus, even if he
concealed his urinary tract infection and hypertension during his pre- employment medical
examination, he will still be entitled to disability benefits.

19. Virgie and Nina are neighbors. Virgie requested her house helper Sandro to help Nina
with the upkeep of her house for two days each month. Sandro agreed and rendered general
household work in Nina’s house. Nina paid Sandro PHP 1,000.00 per day of work. Virgie
learned about this additional compensation. Thus, Virgie deducted from Sandro’s monthly
wage the amount corresponding to his wage for two days. Can Virgie lawfully make
deductions from Sandro’s monthly wage? Explain.

ANS: No, Virgie cannot lawfully make deductions from Sandro's monthly wage.

Under RA No. 10361, the domestic worker and the employer may mutually agree for the
former to temporarily perform a task that is outside the latter's household for the benefit of
another household. However, any liability that will be incurred by the domestic worker on
account of such arrangement shall be borne by the original employer. In addition, such work
performed outside the household shall entitle the domestic worker to an additional payment
of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for
the original employer to charge any amount from the said household where the service of the
domestic worker was temporarily performed.

Here, Vergie requested Sandro, the house helper, to help Nina with the upkeep of her house.
Thus, Vergie cannot deduct from Sandro's monthly wage the amount that Nina paid him for
his services.

20. Lottie, Mathie, and Cachie asked Homer if he is interested to work in Indonesia. Homer
inquired about the available job and Lottie told him that he will work as a restaurant
entertainer. Mathie said that Homer only needs a passport. Cachie added that a certain Mr.
Park will finance Homer’s travel expenses. After a week, Cachie gave a ticket to Homer and
informed him that he can now leave for Indonesia. Homer, together with Lottie and Mathie,
boarded a boat which transported them to Miangas Island. Lottie and Mathie brought Homer
to a restaurant and introduced him to Mr. Park. A vehicle fetched Homer and took him to a
club. The driver said that the place is a prostitution den. Inside the club, Homer was forced to
have sexual intercourse with customers every night. Later, the police authorities rescued
Homer and repatriated him to the Philippines. Homer filed against Lottie, Mathie, and Cachie
criminal complaints for illegal recruitment and human trafficking. In her counter-affidavit,
Cachie claimed that she cannot be convicted of illegal recruitment and human trafficking
because she was not part of the group that transported Homer to Miangas Island. Is Cachie
criminally liable for both illegal recruitment and human trafficking? Explain.

ANS: Yes, Cachie is criminally liable for illegal recruitment and human trafficking.

Case law dictates that the following are the elements of illegal recruitment by syndicate are:
(1) the accused undertook any recruitment activity as defined under Section 6 of RA 8042; (2)
the accused did not have the license or the authority to lawfully engage in the recruitment of
workers; and (3) the recruitment activity was carried out by a group of three (3) or more
persons conspiring or confederating with one another. Further, the term "recruitment and
placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring, or procuring workers, and includes referrals, contract services, promising and
advertising for employment locally or abroad, whether for profit or not: Provided, That any
person or entity which, in any manner, offers or promises for a fee employment to two or
more persons shall be deemed engaged in recruitment and placement. Meanwhile, the
following are the elements of qualified trafficking in persons: (1) the act of recruiting,
transporting, transferring or harboring, or receiving persons with or without the victim's
consent or knowledge, within or across national borders, (2) by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the persons, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person, (3) for the
purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs, and (4) the crime was committed by a syndicate or a group of three
(3) or more persons conspiring or confederating with one another.

Here, even if Cachie was not part of the group that transported Homer to Miangas Island,
Cachie still asked Homer if he is interested to work in Indonesia. Further, Cachie said that a
certain Mr. Park will finance Homer's travel expenses. After a week, Cachie gave a ticket to
Homer and informed him that he can now leave for Indonesia. Thus, it can be shown that
Cachie conspired with Lottie and Mathie. Further, all three of them committed the crime of
illegal recruitment by a syndicate, because they recruited Homer, without a license or
authority to recruit workers. Lastly, all three of them committed the crime of qualified
trafficking in persons, because they recruited Homer, by means of deception, for the purpose
of prostitution or other forms of sexual exploitation.

CRIMINAL LAW
1. In 2019, government-sponsored militias in Sudan known as “Janjaweed” conducted a
campaign of slaughter, starvation, rape, and kidnapping of a certain racial and ethnic group.
An estimated 1,000,000 people were systematically killed and 300,000 families have been
displaced. In August 2024, Maverick, a known leader of Janjaweed, was spotted in Boracay.
Maverick was criminally charged for the widespread and systematic attacks directed against
the civilian population. The Regional Trial Court (RTC) then issued a warrant of arrest.
Maverick challenged the jurisdiction of the RTC to prosecute the offense since none of his
actions was committed in the Philippines, and none of the alleged victims is a Filipino citizen.
Can Maverick be prosecuted in the Philippines? Explain.

ANS:

2. Bruno, 17 years old and a first-time offender, was charged with and convicted of illegal sale
of dangerous drugs under Section 5 of Republic Act No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002. In the imposition of the penalty, the trial court appreciated the
privileged mitigating circumstance of minority in favor of Bruno and sentenced him with the
indeterminate penalty of seven years of prision mayor, as minimum, to 14 years, eight
months and one day of reclusion temporal, as maximum. Thereafter, Bruno applied for
probation invoking Section 70 of Republic Act No. 9165 which entitles first-time minor
offenders to probation “even if the sentence provided under this Act is higher than that
provided under existing law on probation.” However, the trial court ruled that Bruno is
ineligible for probation following Section 24 of Republic Act No. 9165 which provides that
“[a]ny person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the court, cannot avail of the privilege granted by the Probation Law....”
Is Bruno eligible for probation? Explain.

ANS:

3. Olivia went to the office of Louis after learning that he was giving out franchises to operate
public utility vehicles. Louis told Olivia that she can have a certificate of public convenience
within a month for PHP 30,000.00. Olivia delivered to Louis the full payment. Thereafter,
Louis falsified the franchise certificate and handed it to Olivia. Later, Olivia discovered that
the franchise was fake. Louis was charged with and convicted of complex crime of estafa
through falsification of public document. Did the trial court properly convict Louis of the
complex crime? Explain.

ANS:
4. Taylor received Harry in her house and told him to feel at home. Inside the house, Harry
planned to steal money from Taylor and covertly got hold of her cellphone. Harry tried to
access Taylor’s electronic wallet account. After several attempts, Harry successfully opened
Taylor’s electronic wallet but it has zero balance. Harry returned Taylor’s cellphone and left
the house disappointed. Harry was charged with and convicted of impossible crime of theft.
Is Harry liable for the impossible crime of theft? Explain.

ANS:

5. Yari is a lesbian who had a romantic relationship with Malou. Yari financially supported
Malou and her brother Bobby, and even rented a condominium unit for them. After five
years, Malou broke up with Yari because she is longing the affection from a real man. Yari
suffered mental and emotional anguish because of the separation. Later, Yari learned through
friends that Malou is flaunting her boyfriend in social media. Yari discovered that Bobby is
Malou’s long-time boyfriend, and that they just pretended to be siblings. Yari filed a criminal
complaint for violation of Republic Act No. 9262 or the Anti-Violence Against Women and
their Children Act of 2004 (Anti-VAWC) against Malou and Bobby. As supporting evidence,
Yari submitted a medical report which diagnosed her with major depressive disorder with
symptoms of psychosis. At the trial, Malou argued that she is not criminally liable because
the AntiVAWC law is inapplicable to homosexual relationships. On the other hand, Bobby
contended that the law is inapplicable to him because he is not in a relationship with Yari.
Are Malou and Bobby criminally liable for violation of the Anti-VAWC law? Explain.

ANS:

6. Andy paid Billie PHP 50,000.00 to kill Charlie. Thereafter, Billie went to the house of
Charlie and found him sound asleep. Billie took this opportunity and stabbed Charlie to
death. The trial court convicted Andy and Billie of the crime of murder with aggravating
circumstances of reward and treachery. Under Article 248 of the Revised Penal Code as
amended by Republic Act No. 7659, the prescribed penalty for murder is reclusion perpetua
to death. Considering that there are two aggravating circumstances, the trial court imposed
upon Andy and Billie the penalty of reclusion perpetua without benefit of parole in lieu of
death penalty in accordance with Republic Act No. 9346 or the law prohibiting the imposition
of death penalty. Only Andy elevated the case to the Court of Appeals. Andy questioned the
penalty and argued that he should only be liable for homicide with the prescribed penalty of
reclusion temporal because the circumstances of reward and treachery cannot be appreciated
against him. Decide what crime Andy committed and impose the proper penalty. Explain.
ANS:

7. The MVL Times is a daily newspaper with printed and online publications. Harvey, a news
reporter, wrote an article that Mike is a scammer and a womanizer. The article was published
on both printed and online editions of MVL Times on the same day. Mike filed two separate
criminal complaints against Harvey for Libel under Article 353 of the Revised Penal Code and
Cyberlibel under Section (4)(c)(4) of Republic Act No. 10175 or Cybercrime Prevention Act of
2012. Harvey countered that he can only be prosecuted for one count of libel. Can Harvey be
prosecuted for two counts of libel under the Revised Penal Code and Republic Act No.
10175? Explain.

ANS:

8. Zayn bought a toy gun which is a replica of 9 mm pistol. Zayn went inside a convenience
store and pointed the imitation firearm to the security guard and the cashier who both
dropped to the ground. Zayn took all the money from the cash register. The police arrested
Zayn and charged him with robbery with intimidation of persons. At the trial, Zayn argued
that he is liable only for theft because the toy gun cannot hurt or intimidate the security guard
and the cashier. Is Zayn criminally liable for robbery or theft? Explain.

ANS:

9. Sweethearts Hector and Rubi are both adventurous and daring lovers. In one of their
escapades, Hector and Rubi agreed to record their coitus with a mobile phone. After a year,
Rubi broke up with Hector and found a new boyfriend. Hector got extremely jealous and
circulated their sex videos. Rubi filed a criminal complaint for violation of Republic Act No.
9995 or the Anti-Photo and Video Voyeurism Act of 2009. At the trial, Hector argued that he
is not criminally liable because Rubi consented to the taking of the sex videos. Is Hector
criminally liable for violation of Republic Act No. 9995 despite Rubi’s consent to the
recording of the videos? Explain.

ANS:

10. Hugo and Hunter conspired to rape Aubrey. Pursuant to their plan, Hugo and Hunter
intoxicated Aubrey and brought her to an abandoned house. Thereafter, Hunter received a
call from his wife who was about to give birth. Hunter hurriedly left the scene and advised
Hugo to postpone their plan. Yet, Hugo ignored Hunter and raped Aubrey. The next day, the
police arrested Hugo and Hunter and charged them with rape. At the trial, the prosecution
argued that both Hugo and Hunter are collectively liable for rape by reason of conspiracy
where the act of one is the act of all. What crime/s did Hugo and Hunter commit? Explain.

ANS:

11. Camila surprised her legitimate husband Shawn in the act of sexual intercourse with his
paramour Sabrina. Immediately, Sabrina stood up and jumped out of the window. Camila
took a .45 calibre firearm from her drawer. Camila chased and caught up with Sabrina.
Camila aimed her firearm against Sabrina. However, Sabrina snatched the firearm and shot
Camila to death. At the trial, Sabrina invoked self-defense. Did Sabrina act in self-defense to
justify the killing of Camila? Explain.

ANS:

12. Adele, a grocery cashier, was charged under the following information which reads: “the
accused with intent to gain and abuse of confidence feloniously stole grocery items worth
PHP 1,500.00 without consent of her employer.” In due course, the trial court convicted Adele
of qualified theft. The trial court ruled that Adele took advantage of her position as a cashier
which entails high degree of confidence because it involves handling of the properties of the
employer. Did the trial court properly convict Adele of qualified theft? Explain.

ANS:

13. Allen, David, and Edward are investigative journalists who exposed public officials
engaged in corrupt practices. They received death threats every day from unknown sources.
One day, they received a letter which states: “Are you ready to meet the Lord tomorrow??? ...
Allen @1pm .... David @3pm .... Edward @7pm.” The following day, Allen was fatally stabbed
at 1:00 p.m. while David was gunned down dead at 3:00 p.m. At that moment, Edward
sensed that his life was in danger. At 7:00 p.m., Edward went to church and prayed for his
safety. A parishioner sat beside Edward and whispered to him: “The Lord will not protect
you!” The parishioner repeatedly stabbed Edward on his chest resulting in his instantaneous
death. The police arrested the parishioner, later identified as Harold, and charged him with
murder qualified by treachery. At the trial, Harold argued that the death threats and the
manner of attack forewarned Edward about his impending death which negate treachery. Is
Harold criminally liable for murder aggravated by treachery? Explain.

ANS:

14. The police officers received confidential information that Larry was engaged in illegal
drug trade activities. The authorities organized an entrapment operation and designated PO1
Miguel as poseur buyer. The operatives proceeded to the target area. The confidential
informant introduced PO1 Miguel to Larry who intended to buy PHP 1,000.00worth of shabu.
Larry demanded payment but PO1 Miguel insisted that he should see the item first. Larry
then took out a sachet from his pocket. PO1 Miguel wasted no time and executed the pre-
arranged signal. The operatives rushed to the scene, arrested Larry, and seized the sachet.
The confiscated item tested positive for shabu. Accordingly, Larry was charged with and
convicted of illegal sale of dangerous drugs under Section 5 of Republic Act No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002. Larry appealed and argued that he is not
criminally liable for illegal sale of dangerous drugs because there was no meeting of minds
between him and PO1 Miguel as to the object and price of the transaction. Is Larry liable for
violation of Republic Act No. 9165 even if the sale of dangerous drugs was not
consummated? Explain.

ANS:

15. The Ombudsman found probable cause against Governor Rocky and Quentin, a private
individual, who both allegedly conspired in committing a violation of Section 3(e) of Republic
Act No. 3019 or the Anti-Graft and Corrupt Practices Act. However, Governor Rocky was
killed in an ambush. Yet, the Ombudsman still filed the information against Quentin before
the Sandiganbayan. Quentin moved to quash the information on the ground of extinction of
criminal liability. Quentin argued that the prosecution for violation of the anti-graft law
cannot prosper with the death of Governor Rocky because there is no public officer charged
in the information. Is Quentin’s criminal liability extinguished with the death of Governor
Rocky? Explain.

ANS:

16. Franco and Amber are in an illicit relationship. Amber informed Franco that she is seven
months pregnant and showed her baby bump. Franco got furious and planned to abort the
fetus to conceal his infidelity. Franco instructed Xian to use drugs on Amber that will induce
labor and make sure that she suffers a miscarriage. Xian secretly administered drugs on
Amber who then experienced abdominal cramping and contractions. Amber was brought to
the hospital and delivered a baby girl. However, the baby died after three days because of
multiple organ failure secondary to induced abortion. Absent any conspiracy, discuss the
respective participation and criminal liability of Franco and Xian for the death of the baby.
Explain.

ANS:

17. Alvin and Dennis together with a John Doe, who remained unidentified and at large, were
charged with the crime of rape. The information reads: “Alvin, Dennis, and John Doe,
through force, violence, and intimidation, conspiring together and mutually helping one
another, did then and there, willfully, unlawfully and feloniously have carnal knowledge of
AAA and took turns raping her, by inserting their penises into the vagina of AAA, to her
damage and prejudice.” At the trial, the prosecution established that the rapes were
committed in the following order, first by Alvin, second by Dennis, third by John Doe, and
fourth by Alvin again. The trial court convicted Alvin and Dennis of three counts of rape to
the exclusion of the rape that John Doe committed. Is the judgment of conviction correct as
to the number of rapes? Explain.

ANS:

18. Levi engaged the escort services of Leo for PHP 50,000.00. Levi and Leo then checked in at
the hotel and had sex. Afterwards, Levi paid Leo PHP 10,000.00. Leo felt shortchanged when
he received an amount smaller than what was promised. At that instance, Leo grabbed a
knife from the kitchen and repeatedly stabbed Levi. Thereafter, Leo rummaged through the
belongings of Levi and took his wallet, cellphone, and watch. Leo was charged with and
convicted of the special complex crime of robbery with homicide. The trial court explained
that the killing was by reason of or on occasion of robbery. Is the judgment of conviction
correct as to the crime committed? Explain.

ANS:

19. PO3 Wyatt personally witnessed how Lucas mauled and threatened to kill his neighbor.
PO3 Wyatt introduced himself as police officer but Lucas ran away. PO3 Wyatt chased Lucas
and grabbed his right arm. Lucas punched PO3 Wyatt on the chest to free himself. Lucas then
entered his house and slammed the gate shut which caught PO3 Wyatt’s left hand resulting
in slight abrasions. Lucas then surrendered to the authorities. The prosecution charged Lucas
with direct assault because he intentionally used force and injured PO3 Wyatt while
performing his duties as a police officer. Lucas countered that he was merely evading arrest
without intention to defy the authority of PO3 Wyatt. What crime did Lucas commit, if any?
Explain.

ANS:

20. AAA executed a sworn complaint-affidavit at the police station narrating how a certain
Carson sexually abused her on September 11, 2024, thus:
Q: What is your name and age?
A: I am AAA, 17 years old.

Q: What is your complaint all about?

A: On September 11, 2024, I was sexually abused by Carson, the livein partner of my mother,
in our house in Quezon City.

Q: How did Carson sexually abuse you?

A: Carson entered my room, pointed a knife at my side, and threatened to kill me. Thereafter,
Carson undressed me and inserted his penis into my vagina. Carson warned me not to tell
anyone what happened and that he would take responsibility should I get pregnant.

Based on these narrations, prepare the information charging the appropriate crime that
Carson committed. Omit the caption and certification.

REMEDIAL LAW

1. Toni filed an action for breach of contract against Ivana. At the trial, Toni answered these
questions from her counsel:
Q: What happened next, if any?
A: Ivana and I negotiated the terms of the transaction.

Q: After your negotiation with Ivana, did you reduce your agreement into writing?
A: Yes, we drafted and signed an instrument.

Q: Do you know the contents of this instrument?

A: Yes.
Q: Will you tell the court the contents of this instrument?

If you are Ivana’s counsel, will you object to the last question? Explain.

ANS:

2. In a criminal case for homicide, the prosecution offered Austin as witness to prove that
Titus admitted to him the killing of the victim. At the trial, Austin answered these questions
from the public prosecutor:
Q: Did you witness the killing of the victim?
A: No, ma’am.

Q: What were you doing when the victim was killed?

A: I was sleeping, ma’am.

Q: Why are you testifying against Titus?

A: Because Titus admitted to me that he killed the victim.

Q: What did Titus tell you?

Immediately, Titus’ counsel objected to the question on the ground that the answer of
Austin would be hearsay and inadmissible in evidence. If you are the judge, how will you
rule on the objection? Explain.

ANS:

3. Zeinab, Glenda, and Rosmar had several business dealings. Zeinab purchased from Glenda
PHP 1,000,000.00 worth of beauty products. On the other hand, Rosmar borrowed from
Glenda PHP 2,000,000.00 as additional capital. Zeinab and Rosmar promised to pay their
respective obligations to Glenda after one year. On due date, Zeinab paid Glenda only PHP
700,000.00 while Rosmar did not pay any amount despite repeated demands. Aggrieved,
Glenda filed a complaint to recover PHP 2,300,000.00 against Zeinab and Rosmar before the
Regional Trial Court (RTC). Does the RTC have jurisdiction over the complaint? Explain.

ANS:
4. Ulrich is resident and owner of a house and lot situated in Pasay City. Thereafter, Ulrich
discovered a deed of real estate mortgage over the house and lot which he supposedly
executed to secure a loan from Nigel. The mortgage contract contained a stipulation that “all
civil actions arising from or connected with this instrument or any of its provisions shall be
brought before the proper courts of Bacolod City, to the exclusion of all other venues of action
which are hereby expressly waived.” Aggrieved, Ulrich filed against Nigel an action to
declare void the spurious deed of real estate mortgage before the Regional Trial Court in
Pasay City. In his answer, Nigel raised an affirmative defense that the venue was improperly
laid. The action must be filed exclusively in Bacolod City pursuant to the mandatory venue
stipulation. Which between Pasay City and Bacolod City is the proper venue for the action
to nullify the deed of real estate mortgage? Explain.

ANS:

5. Gomez died leaving his wife Morticia and daughter Wednesday. Thereafter, Morticia filed
a petition for probate of Gomez’s holographic will before the Regional Trial Court (RTC). The
holographic will contained a detailed distribution of Gomez’s estate. Wednesday opposed the
petition on the ground that it failed to allege that earnest efforts have been made among the
surviving family members towards an amicable settlement of the estate of the deceased. The
RTC dismissed the petition for probate absent compliance with a condition precedent as
mandated by Article 151 of the Family Code. Is the RTC correct in dismissing the petition
for probate for failure to allege earnest efforts toward a compromise? Explain.

ANS:

6. The Department of Public Works and Highways (DPWH) launched an infrastructure

project that will connect the major highways in the country. Trevor’s real property situated in
Bacoor, Cavite will be affected by the implementation of the project. The DPWH, through the
Office of the Solicitor General, then initiated expropriation proceedings with motion for the
urgent issuance of a writ of possession. The DPWH attached a manager’s check equivalent to
100% of the zonal valuation of Trevor’s property and indicated the Office of the Clerk of
Court, Regional Trial Court (RTC) of Bacoor, Cavite as payee. The DPWH furnished Trevor
with copies of the complaint, motion, and manager’s check. The motion was not set for
hearing. Thereafter, the RTC issued the writ of possession. Trevor questioned the propriety of
the issuance of the writ of possession because he was not afforded due process in determining
the valuation of his real property. Was the writ of possession validly issued in the
expropriation case even without a hearing? Explain.
ANS:

7. Myrna leased her real property to Geybin for a period of one year. However, Geybin
refused to vacate the premises after the expiration of the lease. Myrna then filed against
Geybin an unlawful detainer case. The Metropolitan Trial Court (MeTC) ruled in favor of
Myrna and ordered Geybin to surrender the real property. The judgment of the MeTC lapsed
into finality but was not enforced. For humanitarian reasons, Myrna allowed Geybin to stay
on the real property provided he will surrender its possession when needed. Thereafter,
Myrna demanded from Geybin to vacate the premises but was refused. Myrna filed against
Geybin another unlawful detainer case. In his answer, Geybin argued that the second
ejectment case is barred by the prior final judgment in the first ejectment case. Does res
judicata bar the institution of the second unlawful detainer case? Explain.

ANS:

8. Amor filed against Yoda and the Register of Deeds an action for reconveyance, nullity of
sale, and cancellation of certificate of title before the Regional Trial Court (RTC). Amor
alleged that Yoda unlawfully obtained a certificate of title when he registered the disputed
land in his name based on a falsified deed of sale. In due course, the RTC found Amor as the
lawful owner of the realty and declared the sale void. However, the RTC failed to expressly
include in the dispositive portion the cancellation of the certificate of title. The decision
became final and executory. Amor moved for clarificatory inquiry about the omission in the
dispositive portion. The RTC clarified its final judgment and required the Register of Deeds to
cancel the certificate of title. Aggrieved, Yoda questioned the RTC’s course of action and
argued that it cannot modify a final judgment to correct perceived errors of law and fact. Did
the RTC violate the doctrine of immutability of final judgment when it required the
Register of Deeds to cancel the certificate of title? Explain.

ANS:

9. The Ombudsman filed an information against City Mayor Isidro for violation of Section
3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act before the
Sandiganbayan. The information alleged that Mayor Isidro, “an incumbent City Mayor with
Salary Grade 30, while in the performance of his official and administrative functions, acting
with evident bad faith and manifest partiality, did then and there willfully, unlawfully and
criminally give unwarranted benefits to ABC Corporation by allowing it to operate a
dumpsite without the necessary environmental permits and clearances causing undue injury
to the residents who had to endure the stench, flies, rats and mosquitoes emanating from the
dumpsite.” Mayor Isidro sought to dismiss the criminal case for lack of jurisdiction and
explained that the Regional Trial Court (RTC), not the Sandiganbayan, has authority to
decide the controversy. Which between the Sandiganbayan and the RTC has proper
jurisdiction over the criminal case? Explain.

ANS:

10. The Philippine Drug Enforcement Agency (PDEA) received a tip from its confidential
informant that Aidan was selling dangerous drugs in his residence in Quezon City. The
PDEA agents conducted surveillance and confirmed the illegal activity. The PDEA agents
then filed an application for search warrant before the Regional Trial Court (RTC) of Manila.
The PDEA agents stated that Aidan has two kilos of shabu in his residence ready for disposal.
The PDEA agents added that they will use two bodyworn cameras. The Executive Judge of
the RTC of Manila granted the application and issued a search warrant. The PDEA agents
enforced the warrant and seized two kilos of shabu from Aidan. Is the issuance of search
warrant valid? Explain.

ANS:

11. The Metropolitan Trial Court (MeTC) convicted Ivanka of theft and imposed upon her the
indeterminate penalty of one year and eight months, as minimum, to three years, six months
and 21 days, as maximum. Ivanka timely filed a notice of appeal. The MeTC then transmitted
the records of the criminal case to the Regional Trial Court (RTC). Thereafter, the RTC
directed Ivanka to file a memorandum of appeal. However, Ivanka failed to submit her
memorandum despite notice. The RTC then dismissed Ivanka’s appeal for failure to file the
required memorandum. Did the RTC properly dismiss Ivanka’s appeal for failure to file
the required memorandum? Explain.

ANS:

12. Hermie and his 11-year old son Karter are residing in the province. Vincent, a talent
manager, recruited Karter to be a child actor. Hermie agreed and gave parental consent.
Vincent brought Karter in Manila. Vincent locked Karter in a small room and obliged him to
have sex with clients. After one month, Vincent brought Karter inside an operating room and
removed one of his corneas and a large portion of his skin. The operatives raided the
premises, rescued Karter, and arrested Vincent. The social worker interviewed Karter who
narrated how he was recruited, detained, sexually abused, and subjected to organ removal.
The psychologist also diagnosed Karter with post-traumatic stress disorder. The prosecution
charged Vincent with qualified human trafficking. However, Karter refused to testify because
of severe trauma. At the trial, the prosecution called the social worker to the witness stand to
establish the elements of the offense charged based on Karter’s statements during the
interview. Vincent objected on the ground that the testimony of the social worker is
inadmissible for being hearsay. Is the testimony of the social worker hearsay? Explain.

ANS:

13. Esnyr filed against Fonzie a complaint for sum of money with prayer for preliminary
attachment. Esnyr alleged that Fonzie failed to pay the consideration arising from their
contract of service. The trial court granted the provisional remedy and levied Fonzie’s
property. However, Fonzie died during the pendency of the proceedings. Accordingly, the
heirs of Fonzie moved to dismiss the case and to dissolve the writ of preliminary attachment.
The heirs of Fonzie argued that the writ of preliminary attachment would adversely affect
their right to dispose the estate. The trial court dismissed the case and dissolved the writ of
preliminary attachment. Did the trial court properly dismiss the case and dissolve the writ
of preliminary attachment? Explain.

ANS:

14. Virgil filed a disbarment complaint against Atty. Flores for dishonest and deceitful
conduct. Virgil alleged that he paid a substantial amount to Atty. Flores who promised to
facilitate the release of a favorable judgment. The operatives then arrested Atty. Flores for
selling fake court decisions. As supporting evidence, Virgil submitted screenshots of text
messages exchanged between him and Atty. Flores, to wit: “If you send PHP 400,000.00 then
you will surely win the case!”; “Atty ... I already deposited the amount, thank you.”; “Okay,
received ... let’s wait for a month according to the judge.” However, Atty. Flores argued that
the records are bereft of any proof showing that the text messages originated from a phone
number registered in his name. Thus, the text messages are inadmissible in evidence. Are the
text messages inadmissible in evidence? Explain.

ANS:

15. Rigor, Marites and Lena are best friends. Eventually, Rigor married Marites but they
separated due to irreconcilable differences. After five years, Marites visited Rigor in his
apartment for possible reconciliation. Marites was surprised to discover that Rigor and Lena
were already living together as common law partners. Due to extreme jealousy, Marites
physically assaulted Lena who sustained major contusions and trauma. The public prosecutor
charged Marites with serious physical injuries. At the trial, the prosecution called Rigor in the
witness stand to testify on the incident. Marites invoked the marital disqualification rule
which prohibits the spouses from testifying against one another during their marriage.
Marites argued that her marriage with Rigor remains valid and existing despite their
separation. The prohibition must apply to bring back solidarity and harmony in their marital
relationship. Is the marital disqualification rule applicable between Rigor and Marites?
Explain.

ANS:

16. Atty. Perez induced Eunice to invest money in a trading business with guaranteed profits.
Atty. Perez assured Eunice that the business was doing well. Eunice agreed and delivered to
Atty. Perez PHP 10,000,000.00 as capital investment. Atty. Perez issued to Eunice postdated
checks with amounts representing her capital and expected profits. Thereafter, Eunice
discovered that the trading business was a sham and that the checks were all drawn against a
closed account. Aggrieved, Eunice filed against Atty. Perez a criminal action for estafa and a
disbarment complaint for gross misconduct. Atty. Perez sought to suspend the disciplinary
charge against him pending resolution of the criminal proceedings. Atty. Perez explained that
his innocence or acquittal constitutes a prejudicial question to his administrative liability
arising from similar incidents. Does the pending criminal action constitute a prejudicial
question to warrant the suspension of the disbarment case? Explain.

ANS:

17. Colin is a strict team leader who earned the disdain and displeasure of his co-employees.
Colin started to receive text messages and calls from unknown mobile numbers warning him
that his days are numbered. Colin reported the threats to his manager. After investigation, the
manager decided to transfer Colin to another station for security reasons. Colin repeatedly
requested from his manager to disclose the details of the investigation but was refused.
Aggrieved, Colin filed a petition for issuance of writ of habeas data to stop his involuntary
transfer to another station which allegedly amounts to constructive dismissal. Colin also
claimed that the unjustified refusal of the management to disclose the basis of his transfer
constitutes serious threat to his rights to privacy and liberty. Will the petition for habeas
data prosper to protect Colin’s right to security of tenure? Explain.
ANS:

18. Atty. Cassandra, a solo legal practitioner, hired Sandro as a legal researcher. Atty.
Cassandra has an appeal brief due on September 25, 2024. However, Atty. Cassandra
contracted monkeypox and suffered high fever, severe headache, and muscle fatigue. Atty.
Cassandra then instructed Sandro to finish the appeal brief, affix her signature, and file the
pleading with the Court of Appeals. Did Atty. Cassandra violate any provision of the Code
of Professional Responsibility and Accountability? Explain.

ANS:

19. Francis, through Atty. Kyle, charged Madam Toyoh with violation of Presidential Decree
No. 1612 or the Anti-Fencing Law for purchasing a vintage vehicle knowing that it proceeds
from the crime of carnapping. Madam Toyoh hired Atty. Caleb as counsel and confessed to
him that she is guilty of the offense. Atty. Caleb promised Madam Toyoh that he will do
anything to prove her innocence. Atty. Caleb then reached out to Francis and negotiated for
an amicable settlement that resulted in the execution of a release, quitclaim, and waiver of
rights. Atty. Kyle discovered the compromise agreement and noticed some unfair provisions.
Atty. Kyle filed against Atty. Caleb an administrative case for impropriety. On the other
hand, Atty. Caleb countered that the ethical standards in the legal profession mandates
lawyers to encourage clients to avoid or settle any controversy. Atty. Caleb added that the
compromise agreement is beneficial to both parties. Did Atty. Caleb violate any provision of
the Code of Professional Responsibility and Accountability? Explain.

ANS:

20. Atty. Diwata, a suspended lawyer, created a professional social media page and
maintained poser accounts which she used across various social networks. Atty. Diwata,
during her livestream, spread fake news that the Court’s Strategic Plan for Judicial
Innovations 2022-2027 failed to achieve its major target outcomes and had prejudiced the
legal profession. Particularly, Atty. Diwata launched a social media campaign against the
Code of Professional Responsibility and Accountability and claimed that it is akin to an ex
post facto law because its provisions are given retroactive effect. May the Supreme Court
discipline Atty. Diwata for her social media activities? Explain.

ANS: