It's CLIR!

Its CLIR!
(How To Answer Essay-Type

Bar Examination Questions)
Virgilio P. Alconera
Page |2
Its CLIR!

By
VIRGILIO P. ALCONERA
Member, Integrated Bar of the Philippines

General Santos City and South Cotabato Chapter
Bachelor of Arts, Mindanao State University, cum laude
Bachelor of Laws, Ateneo de Davao University, cum laude
Professor of Civil Law, Mindanao State University College of Law
2014 Edition
Page |3
Its CLIR!

IF you are preparing for the Bar Examinations, Its CLIR! is
for you.
A. The Format
In answering essay-type questions in the
Examinations, it helps if you use a format as guide.
suggest the format CLIR.
Bar
We
C--Conclusion
L--Law
I--In this case (statement of the relevant fact/s and
evaluation of facts)
R--Ratiocination (the explanation, apart from the law, for
the conclusion).
The Conclusion is the first part of the format. It is the
answer to the question asked. The question may be Is X
liable to Y for damages? The conclusion, or the answer to the
question, may either be, Yes, X is liable to Y for damages, or
No, X is not liable to Y for damages. Or the question may be
Will the action prosper?, and the conclusion may be Yes, the
action will prosper or No, the action will not prosper.
The Law portion of the format is the statement of the law
applicable to the facts of the case. The law may be taken from
provisions of statutes or case law. The statement of the law
may start with the phrase Under the law on obligations (or
contract, lease, property, succession, marriage, human
Page |4
relations, etc.), or The Civil Code (or the Family Code,

Domestic Adoption Act, etc.) provides.
In this article, the section or article number of the statute or
the title of the case is provided for convenience to enable
you to check the accuracy of the substantive law or case law
cited. When the you answer the real thing, you should avoid
the danger of writing section or article numbers or titles of
cases as authority for the law that you invoke, except for those
that the examinee is expected to remember without straining
his brain, such as Articles 19 and 1170 of the Civil Code,
Taada vs. Tuvera, Liguez vs. Court of Appeals and the like.
We advise you to use instead the safe and all-encompassing
phrase, under the law on marriage, etc.
The In this case, portion of the format consists of : (1)
a one-line statement of the relevant fact (do not repeat
verbatim the facts of the problem!), that connects the facts as
stated in the problem to the law invoked; and (2) the
evaluation of the fact a statement whether it is legal or illegal,
lawful or unlawful, valid or invalid, a violation of law or not, or a
statement of the status or condition that it has produced, etc.
The Ratiocination part of the format is the explanation,
apart from the law, for the conclusion. If the case problem is
derived from case law, from where will you get your
ratiocination? From the ratiocination of the Supreme Court in
deciding the case. If you have vast readings in case law, this
should come easy.
If the case question is a hypothetical one, you get the
ratiocination from the knowledge you have derived from the
many cases you have read in law school, from your own
experience, from your sense of justice. If the ratiocination
does not come easy, dont break your head over it. Go to the
next number. Most often the answers in these type of
questions do not need ratiocinations.
Illustration of CLIR
Page |5
During the administration of former president Cory
Aquino, X, the chairman of the Philippine Charity
Sweepstakes Office (PCSO), on the strength of Executive
Order No. 2 issued by President Aquino, which ordered to
[F]reeze all assets and properties in the Philippines in which
former President Marcos and/or his wife, Mrs. Imelda
Romualdez Marcos, their close friends, subordinates,
business associates, dummies, agents, or nominees have
any interest or participation, and upon the advice of the
Philippine Commission of Good Government (PCGG),
withheld the racehorse winnings of Y, a close associate of Mr.
Marcos, in the sweepstakes races held by the PCSO from
1986 to 1989. Y sued X for damages. X invoked good faith in
his refusal to deliver to Y his winnings. Is X liable to Y for
damages?
Yes, X is liable to Y for damages. (THIS IS THE
CONCLUSION)
The Civil Code provides that any public officer or
employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or
impairs any of the rights of another contained in the Bill of
Rights is liable to the latter for damages. (THIS IS THE
STATEMENT OF THE LAW. )
In this case, the act of X in withholding the delivery to Y
of the latters racehorse winnings is a violation of the
constitutional right of Y against being deprived of property
without due process of law. (THIS IS THE IN THIS CASE
PORTION OF THE FORMAT) That X acted in good faith
does not exempt him from liability. If it does, it would defeat
the main purpose of the law, which is the effective protection
of individual rights. For one to be liable, it suffices that there
is a violation of the constitutional right of the plaintiff. (THIS
IS THE RATIOCINATION).
Because he acted in good faith, X is freed of the burden
of paying moral and exemplary damages. But because he
violated Ys constitutional right, he is liable to pay nominal
damages, not as indemnification for any loss suffered by Y
Page |6
but in vindication or recognition of that right. (THIS IS PART
OF THE RATIOCINATION).
B. The Exception As The Applicable Law

When the exceptions in the law is to be used, introduce
the law with the phrase While it is true.
Illustration
X, a Filipino citizen, and Y, an American citizen, were
married in Hong Kong. After their marriage, they resided in
the Philippines. Ten years later, the couple obtained a divorce
in Nevada, U.S.A. After the divorce, X, the former wife,
married Z. Three years after the marriage between X and Z,
Y sued X in the Regional Trial Court of Manila for accounting
of a business located in Manila which he alleged to be
conjugal property. Will the action prosper?
No, the action
CONCLUSION)
will
not
prosper. (THIS
IS THE
While it is true that laws relating to family rights and

duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even
though living abroad,66 the rule does not apply in case of a
mixed marriage that has been validly dissolved by divorce.
(THIS IS THE STATEMENT OF THE LAW).
In this case, the marriage between X and Y has been
validly dissolved by divorce. Thus, under his national law, Y
is no longer the spouse of X, and X likewise has ceased to be
the spouse of Y. Y has, therefore, lost all his rights as her
husband, including the right to sue to exercise control over
conjugal assets. (THIS IS THE IN THIS CASE PORTION
OF THE FORMAT)
To consider X to be still the wife of Y subject to a wifes
obligations under our laws cannot be just. She should not be
66
Art. 15, Civil Code
Page |7
discriminated against in her own country if the ends of justice
are to be served. 67 (THIS IS THE RATIOCINATION).
When the law speaks of a limitation or restriction, the

equivalent of the rule does not apply may be the limitation
(or restriction) does not apply.
Illustration
R died and was survived by her parents, S and T, and her
sister U. During her lifetime, R executed a holographic will
which reads: I do hereby give, devise, and bequeath all of the
property which I may have when I die to my beloved sister U.
After the death of R, U filed a petition in court for the probate
of the will. S and T filed their opposition to the probate of the
will on the ground that they were preterited, hence the
institution of U as universal heir is void. Then S and T filed a
motion to dismiss the petition on the same ground. U filed her
opposition to the motion alleging that the court, being probate
court, had no authority to pass upon the intrinsic validity of the
will sought to be probated. Resolve the motion.
I will grant the motion.
While it is true, that the authority of the probate court is
limited only to ascertaining whether the testator, being of
sound mind, freely executed the will in accordance with the
formalities prescribed by law,68 the limitation does not apply
where the will is a patent nullity.69 (THIS IS THE STATEMENT
OF THE LAW).
In this case, the parents of the testatorwho are
compulsory heirs of the deceased in the direct ascending line
were completely omitted (preterited) in the will. The
preterition or omission of one, some, or all of the compulsory
heirs in the direct line annuls the institution of heir (but the
devises and legacies are valid insofar as they are not
inofficious).70 The institution of heir being a nullity, the will
67
Van Dorn vs. Romillo, G.R. No. L-68470, Oct. 8, 1985

Art. 839, Civil Code of the Philippines
69
Nuguid vs. Nuguid, G.R. No. L-23445, June 23, 1966
70
Art. 854, Civil Code of the Philippines
68
Page |8
necessarily is a nullity. (THIS IS THE IN THIS CASE
PORTION OF THE FORMAT)
If the motion is denied and the will is allowed probate,
probability exists that the case will return to the court on the
same issue of the intrinsic validity or nullity of the will. The
result is waste of time, effort, money, plus added anxiety. For
these practical considerations, the court should meet head-on
the issue of the validity of the provisions of the will in
question.71 If the motion is denied, the ensuing probate will
most likely be an idle ceremony.72 (THIS IS THE
RATIOCINATION).
C. The Trunk Law

There are case problems that have two or more applicable
laws. Choose one to be the trunk law and use it as the L in
the format. The other laws will be your branch laws. Use
them in the ratiocination part of the format.
Illustration
A, a police officer, married B in 1990 without a marriage
license. Two children were born to the marriage. B just
managed the household. A and B were childless. In 2000 A
left B and married C who, like B, only cared and maintained
the family and the household. A and C were also childless. In
2009 A died leaving behind death benefits from the
government in the amount of P1,000,000.00. Will B and C
share in the death benefits?
There are at least four provisions in the Family Code that may
possibly apply to the case problem, namely:
a) Art. 35. The following marriages shall be void from
the beginning:
xxx
71
72
xxx
xxx
Nuguid vs. Nuguid, G.R. No. L-23445, June 23, 1966

Balanay vs. Martinez, G.R. No. L-39247, June 27, 1975
Page |9
(4) Those bigamous or polygamous marriages not falling
under Article 41;
xxx
xxx
xxx
b) Art. 40. The absolute nullity of a previous marriage

may be invoked for purposes of remarriage on the basis
solely of a final judgment declaring such previous marriage
void.
c) Art. 147. When a man and a woman who are
capacitated to marry each other, live exclusively with each
other as husband and wife without the benefit of marriage or
under a void marriage, their wages and salaries shall be
owned by them in equal shares and the property acquired by
both of them through their work or industry shall be governed
by the rules on co-ownership.
In the absence of proof to the contrary, properties
acquired while they lived together shall be presumed to have
been obtained by their joint efforts, work or industry, and shall
be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by
the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the formers
efforts consisted in the care and maintenance of the family
and of the household.
xxx
xxx
xxx
and
d) Art. 148. In cases of cohabitation not falling under
the preceding Article, only the properties acquired by both of
the parties through their actual joint contribution of money,
property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of
proof to the contrary, their contributions and corresponding
shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and
evidences of credit.
So you may answer the question this way:
P a g e | 10
Only B is entitled to the death benefits. C has no share in
it.
When a man and a woman who are capacitated to marry
each other, live exclusively with each other as husband and
wife without the benefit of marriage or under a void marriage,
their wages and salaries are owned by them in equal shares
and the property acquired by both of them through their work
or industry are governed by the rules on co-ownership, and
all properties thus acquired are presumed to have been
acquired through their joint efforts to be shared by them
equally, provided that a party who only cared and maintained
the family and the household is deemed to have contributed
jointly to the acquisition of the properties. 73 (THIS IS THE
STATEMENT OF THE LAW).
In this case, B took care and maintained the family and
the household, hence, she is deemed to have contributed
jointly to the acquisition by A of his death benefits. B is
entitled to half of the death benefits as her own share. Being
the wife of A, she is entitled to inherit As share. Hence, she is
entitled to the whole P1,000.000.00. (THIS IS THE IN THIS
CASE PORTION OF THE FORMAT).
The fact that her marriage to A was void for absence of a
marriage license, does not affect her rights as the marriage
had not been judicially declared a nullity. (THIS IS THE
RATIOCINATION).
C has no share in the death benefits. Her marriage to A is
bigamous, hence void. In a marriage which is void by reason
the parties being incapacitated to marry, a party can share
only in those properties the acquisition of which he or she
has actually contributed. 74 As she had not contributed
anything to the acquisition by A of his death benefits, C has
no share in it. (THIS IS PART OF THE RATIOCINATION).
D. APPLY CLIR FORMAT

QUESTION CASE PROBLEMS
ONLY
TO
SOLE-
The format CLIR should be fully applied only to solequestion case problems, as shown in the foregoing
73
74
Art. 147, Family Code of the Philippines

Art. 148, Family Code of the Philippines
P a g e | 11
illustrations. To multi-question ones, the C and the L may be

sufficient.
Q. Juan is a Filipino citizen residing in Tokyo, Japan.
State what laws govern:
a) His capacity to contract marriage in Japan?
b) His successional rights as regards his deceased
Filipino father's property in Texas, U.S.A.
c) The extrinsic validity of the last will and
testament
which
Juan
executed
while
sojourning in Switzerland.
d) The intrinsic validity of said will.
A.
a) Philippine law. Laws relating to family rights and
duties, or to the status, condition and legal
capacity of persons are binding upon citizens of
the Philippines, even though living abroad. 75
b) Philippine law. Intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, are be regulated by
the national law of the decedent, whatever may
be the nature of the property and regardless of
the country wherein said property may be
found. 76
c) Swiss law. The forms and solemnities of
contracts, wills, and other public instruments
are governed by the laws of the country in
which they are executed. 77
75
76
77
Art. 15, Civil Code

Art. 16, par. 2, Civil Code
P a g e | 12
d) Philippine law. Same as (b).
P a g e | 13
ANSWERING ESSAY-TYPE
BAR EXAMINATION QUESTIONS
THE CLIR WAY
I. CIVIL LAW
Q. A law appropriating emergency funds for the Yolanda
victims provides that [T]his law shall take effect after five days
following the completion of its publication in a newspaper of
general circulation. Taxpayer X files a petition in court to stop
the implementation of the law alleging that the law is void for
lack of a valid publication. Will the action prosper?
A. The action will not prosper.
The Civil Code provides that laws take effect after fifteen
days following the completion of their publication in the Official
Gazette, or in a newspaper of general circulation, unless it is
otherwise provided. The phrase unless it is otherwise
provided means that the period of publication may be
increased or decreased provided that the increase or
decrease be reasonable.
Considering the urgency of the matter involved in the law,
as funds are urgently needed for the immediate relief and
rehabilitation of the people and areas devastated by typhoon
Yolanda, the decrease in the period of publication to five days
is reasonable and sufficient compliance of the requirement of
publication.
Q. X borrowed P10 million from Y Bank. The obligation was
secured by Z as surety. When X defaulted in the payment of
its obligation, Y sued X and Z for sum of money. While the
case was pending , X filed a petition in court for voluntary
insolvency and obtained a judgment declaring it insolvent.
The collection suit proceeded, and the court rendered
P a g e | 14
judgment freeing X of any liability to Y Bank but declaring Z

liable to Y for the obligation of X. Z moved for the
reconsideration of the judgment arguing that the
extinguishment of the obligation of X also extinguished his
obligation under the surety agreement. Is Z correct?
A. Z is wrong.
Z is wrong. Under the law on guarantee, a surety binds
himself solidarily with the principal debtor in the payment of
the obligation, 78 and the creditor may proceed against any one
of the solidary debtors or some or all of them simultaneously.79
In this case, X has not paid his obligation to Y Bank, but
the obligation was extinguished by the insolvency decree. The
extinguishment of Xs obligation, however, does not ipso facto
result in the extinguishment of Zs obligation.
A creditors right to proceed against the surety exists
independently of his right to proceed against the principal. A
suit against the surety, insofar as the suretys solidary liability
is concerned, is not affected by an insolvency proceeding
instituted by the principal debtor because the undertaking of a
surety is to pay the obligation if the principal debtor defaults in
the payment of his obligation. 80
Q. A parked his vehicle in the SM parking lot and paid the
required parking fee. He locked the car and left it in the
parking lot and brought with him the key of the car. A's vehicle
was taken out from the parking lot by an unauthorized person
through the negligence of the guards of the security agency
hired by SM to secure the parking lot. (a) What contract is
entered into by and between A and SM? (b) Is SM liable for the
loss?
78
Article 2047, Civil Code

Article 1216, Civil Code
80
Gateway Electronics Corporation vs. Asianbank Corporation, G.R.
No. 172041, Dec. 18, 2008
79
P a g e | 15
A. (a) The contract is one of lease.

A contact of lease is one where one of the parties binds
himself to give to another the enjoyment or use of a thing for a
price certain, and for a period which may be definite or
indefinite. 81
In this case, SM gives to A the use of a portion of the
parking lot for a fee. The contract cannot be a deposit or a
commodatum because the necessary elements of possession
and control of the subject personal property in any of these
contracts are not present. Having kept the car of the key, A
remained in control of the car.
(b) SM is not liable for the loss. SM has not violated any of
its obligations as a lessee. Specifically, it complied with its duty
to provide its customers suitable spaces for their vehicles as it
even hired the services of a security agency to secure the
leased premises.
SM is not liable for the negligence of the guards. Liability
for illegal or harmful acts committed by the security guards
attaches to the employer agency, and not to SM. SM had no
hand in selecting who among the pool of security guards or
watchmen employed by the agency would be assigned to it.
The duty to observe the diligence of a good father of a family
in the selection of the guards cannot, therefore, be demanded
from SM.82
Q. In his will, A, who died without issue, devised to B a

parcel of sugar land but imposed upon him the obligation to
deliver to C a certain number of piculs of sugar produced from
the land with the condition that should the B or his heirs fail to
perform the obligation, C would have the right to recover the
property and deliver it the testators descendants. When the
heirs of B failed to perform the obligation, C sued them for the
recovery of the land. In their answer to the complaint, the heirs
alleged that the testator intended a simple substitution, that is,
81
Art. 1643, Civil Code
Mamaril vs. Boys Scouts of the Philippines, G.R. No. 179382,

January 14, 2013
82
P a g e | 16
the devisee was to be substituted by the testators

descendants should the obligation to deliver the fruits to C be
not complied with, that since the testator died single and
without issue, there can be no valid substitution and such
testamentary provision cannot be given any effect. Are the
heirs correct?
A. The heirs are wrong.
In a simple substitution, the second heir takes the
inheritance in default of the first heir by reason of incapacity,
predecease or renunciation.
In this case, the will does not provide that should B default
due to predecease, incapacity or renunciation, As
descendants would substitute him. What the will says is that
should B not fulfill the conditions imposed in the will, the
property would be seized and turned over to the testators
near descendants. There is no simple substitution.
The case involves a modal institution of heir. A modal
institution of heir is one which imposes an obligation upon the
heir legatee or devisee but such obligation does not affect the
efficacy of his rights to the succession. The burden is similar to
a resolutory condition which does not prevent the succession
from taking into effect. (This is different from a conditional
testamentary disposition where the condition must happen or
be fulfilled in order for the heir to be entitled to succeed the
testator).
The will imposes upon B or his heirs the obligation to
deliver sugar to C, and when the heirs of B failed to perform
the obligation, the ownership by the heirs of the land was
extinguished, and C became vested with the right to recover
the land from them. 83
In the repair and maintenance shop of the YB Bus
Company, which is engaged in the business of transporting
Rabadilla vs. Court of Appeals, G.R. No. 113725, June
29, 2000.
83
P a g e | 17
passengers, were a welding machine, a boring machine, a

lathe machine, and a grinding machine all bolted
permanently to a cement floor. The City Government
considered the machines as real properties and assessed YB
Bus Company real property taxes thereon. The company
contested the assessment claiming that the machines were
personal properties. Is YB Bus Company correct?
A. Yes, YB Bus Company is correct.
Under the law on property, machinery, receptacles,
instruments or implements become real property in
classification only when they tend directly to meet the needs of
the said industry or works.84
In this case, the subject machines were used for the
repair and maintenance of the buses of the YB Bus Company.
Movable equipment to be immobilized in contemplation of the
law must first be essential and principal elements of an
industry or works without which such industry or works would
be unable to function or carry on the industrial purpose for
which it was established.
The subject machines have not become immobilized.
They are merely incidentals, used only for expediency to
facilitate and/or improve the service of the company. Even
without such machines the transportation business could be
carried on without the companys repair or service shop since
the buses could be repaired or maintained in a shop belonging
to another.85
Q. The contract for the construction of a modern abattoir

in Cebu City was declared null and void by the Commission on
Audit (COA) for being contrary to the Auditing Code of the
Philippines (P.D. 1445) in that its cost far exceeded the funds
certified as available by the City Treasurer. The contractor
84
Mindanao Bus Company vs. City Assessor & Treasurer, G.R.

No. L-17870, Sept. 29, 1962
85
P a g e | 18
sued the City of Cebu for the collection of the cost of the
project thus far accomplished in the amount of more than P2
million. In a compromise agreement entered into by the
parties, the City agreed to pay the contractor the amount of
P1.5 million in full settlement of the latters claims. The trial
court approved the compromise agreement and rendered
judgment on the basis thereof. The COA disapproved the
payment alleging that the courts decision was void. Is the
COA correct?
A. Yes, the COA is correct.
The Civil Code provides that a contract which is the direct
result of a previous illegal contract, is also void and
inexistent. 86
In this case, the compromise agreement entered into by
and between the City of Cebu is a direct result of the original
construction contract which is void because it violated the
Auditing Code of the Philippines. The trial courts decision
based on the compromise agreement could not have ratified a
contract which is void ab initio.87
Q. The PBA, Inc. entered into a contract with the United

Builders Company (United) for the construction of the formers
office building at Intramuros, Manila. The building was
completed in June 1966. In August 1968, a strong earthquake
hit Manila, and the PBA building sustained heavy damage,
such that the tenants vacated it because of its precarious
condition. In November 1968, the PBA filed a suit against
United and alleging that the damage on the building was
caused by the defects in construction and failure on the part of
the contractor to follow the plans and specifications. For its
defense, United claimed that the cause of the collapse of the
building was an act of God which should exempt it of any
liability. Is United liable for damages?
86
87

Osmena vs. Commission on Audit, G.R. No. 75197, March 2, 1994
P a g e | 19
A. It depends.
If United Builders faithfully followed the plans and
specifications, it is not liable, otherwise, yes.
The Civil Code provides that except in cases expressly
specified by the law, or when it is otherwise declared by
stipulation or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for those
events which could not be foreseen, or which, though
foreseen, were inevitable.
In this case (assuming that United Builders faithfully
followed the plans and specifications), the building collapsed
solely because of the strong earthquake. There are no facts in
the case that make United Builders liable under the
exceptions. The earthquake was an act of God of which
United Builders had no control. United Builders is not liable.
However, if United Builders did not faithfully follow the
plans and specifications, the company is liable.
Those who in the performance of their obligation are guilty
of fraud, negligence or delay or those who in any manner
contravene the tenor thereof are liable for damages.
In this case (assuming that United Builders did not
faithfully follow the plans and specifications), United
Builders committed fraud or negligence in the construction
of the building, hence, it cannot invoke the act of God
doctrine. To be exempt from liability for loss because of an
act of God, the obligor must be free from any previous
negligence or misconduct by which that loss or damage may
have been occasioned. When the effect is found to be in
part the result of the participation of man, whether it be from
active intervention or neglect, or failure to act, the whole
occurrence is thereby humanized and removed from the
rules applicable to the acts of God. 88
88
3, 1986
Juan F. Nakpil & Sons vs. Court of Appeals, G.R. No. L-47851, Oct.
P a g e | 20
Q. In 1979, Nestor applied for and was granted a Free

Patent over a parcel of agricultural land. On the basis of the
patent, original certificate of title was issued to Nestor.
Subsequently, Nestor offered to sell the land to Eddie who
accepted the offer and paid the price after he examined the
certificate and found it to contain no entry that would suggest
that Nestors title to the land was defective. A new certificate of
title was issued to Eddie.
In 1986, the Director of Lands filed a complaint for the
declaration of nullity of the two certificates of title on the
ground that Nestor obtained the Free Patent through fraud in
that he made false statements in his application. Finding that
Nestors application indeed contained false statements, the
trial court rendered judgment declaring null and void the
certificates of title. Is the court correct?
A. The court is correct.
Under the law on land registration, any false statement in
the application for title ipso facto produces the cancellation of
the title. (Sec. 91, Public Land Act)
In this case, Nestor made false statements in his
application for title over the land. His title therefore over the
land is ipso facto cancelled.
Being an innocent purchaser for value does not serve the
cause of Eddie. In public land grants, the action of the
government to annul a title fraudulently obtained is not barred
by the transfer of the title to an innocent purchaser for value.
The mirror principle does not apply to titles obtained by the
commission of fraud against the government.
Q. H filed a complaint against his wife W for the
declaration of nullity of their marriage on the ground of
psychological incapacity. Thereafter, H married C. W filed a
complaint for bigamy. Judgment was rendered in the action for
nullity declaring the marriage between H and W void ab initio
by reason of psychological incapacity of W. The judgment
became final.
P a g e | 21
H, invoking the judgment, then moved to dismiss the

information in the criminal case. If you were the judge, how will
you rule on the motion.
A. If I were the judge, I will deny the motion.
Under the Family Code, a married person who claims his
marriage being a nullity, has to obtain a judicial declaration of
nullity of the marriage before he or she can marry again. 89
In this case, H married again without a judicial declaration
of his previous marriage, hence, he may be liable for bigamy.
Bigamy is committed when a married person marries again
without the previous marriage being dissolved or terminated.
Parties to the marriage should not be permitted to judge for
themselves its nullity. Only when the nullity of the marriage is
judicially declared can it be held as void. So long as there is
no such declaration, the presumption is that the marriage
exists.
Q. A and B were both Filipino citizens at the time of their
marriage in 1997, When their marriage turned sour, A went to
a small country abroad, got himself naturalized there, and then
divorced B in accordance with the law of that country, Later, A
returned to the Philippines with his new wife. B now wants to
know if she can likewise marry again. What advice can you
give her?
A. I will tell B that she can marry again.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him
or her to remarry, the Filipino spouse shall have capacity to
remarry under Philippine law.90
In this case, A obtained the divorce after he became a
89
90
Art. 40, Family Code

Art. 26, par.1, Family Code
P a g e | 22
naturalized citizen of a foreign country, hence, the divorce is

valid under Philippine law. While the law contemplates a mixed
marriage, it applies as well apply to a marriage between two
Filipino citizens where one of them later became a naturalized
citizen of a foreign country and obtained divorce thereafter
capacitating him or her to remarry.
The Filipino spouse should be allowed to remarry as if the
other party were a foreigner at the time of the solemnization of
the marriage. It is absurd and unjust to consider the Filipino
spouse still married to the alien spouse who, after obtaining a
divorce, is no longer married to the Filipino spouse. 91
Q. As finance officer of K and Co., A arranged a loan of P5
Million from PNB for the corporation. However, he was
required by the bank to sign, which he did, a continuing surety
agreement to secure the repayment of the loan. The
corporation failed to pay the loan, and the bank obtained a
judgment against it and A was ordered to pay, jointly and
severally. To enforce the judgment, the sheriff levied on a farm
owned by the conjugal partnership of A and his wife B. Is the
levy proper or not?
A. The levy is not proper.
The Family Code provides that an obligation contracted by
a spouse without the consent of the other is chargeable
against the conjugal partnership only when it has redounded
to the benefit of the family.92
In this case, A signed the surety agreement for the sole
purpose of securing the obligation of K and Co., hence, his
obligation under the agreement did not benefit his family at all.
It is not fair that a conjugal property over which B has an
interest should be charged for an obligation arising from a
contract to which she did not consent or even know of.
91
Republic of the Philippines vs. Orbecido, G.R. No. 154380, Oct. 5,
92
Art. 94, par. 3; Art. 122, Family Code
2005
P a g e | 23
That the spouse was a top stockholder of the company

which could be benefited by the infusion of new capital is not
the benefited contemplated in the law. The benefits must be
those directly resulting from the loan. They cannot merely be a
by-product or a spin-off of the loan itself. 93
Q. The spouses A and B filed a petition to adopt 10 year
old X, who is the biological son of the spouses C and D.
During the pendency of the petition, X shot Y with an air rifle
causing her injuries which resulted to her death. After the
incident, the petition for adoption was granted. The parents of
Y filed a complaint for damages against the C and D with
whom X was living at the time of the tragic incident. In their
answer, C and D alleged that A and B, not they, were liable for
the death of Y as, under the Child and Youth Welfare Code, a
decree of adoption is effective as of the date the original
petition was filed. Siding with C and D, the trial court dismissed
the complaint. Is the trial court correct?
A. The trial court is wrong.
Under the law, parents and other persons exercising
parental authority are civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated
children living in their company and under their parental
authority subject to the appropriate defenses provided by
law.94
In this case, X was still living in the company of his natural
parents, C and D, when he shot Y to death, hence, they at the
time still had parental authority over him. The provision in the
Child and Youth Welfare Code on the retroactive effect of the
decree of adoption is not meant to impose a liability upon the
adopting parents accruing at a time when the adopting parents
had no actual or physical custody over the adopted child.
Retroactive effect may perhaps be given to the granting of the
petition for adoption where such is essential to permit the
93
94
Ching vs. Ching, G.R. No. 124642, Feb. 23, 2004

P a g e | 24
accrual of some benefit or advantage in favor of the adopted

child.
To hold that parental authority had been retroactively
lodged in the adopting parents so as to burden them with
liability for a tortious act that they could not have foreseen and
which they could not have prevented (since they had no
physical custody over the child) would be unfair and
unconscionable. Such a result is inconsistent with the
philosophical and policy basis underlying the doctrine of
vicarious liability.95
Q. Has the father of an illegitimate child visitation rights?
A. Yes, the father has visitation rights.
While it is true that there is no specific provision of law
granting fathers of illegitimate children visitation rights, there
are provisions in the Constitution and in the Family Code
which can be the bases of the fathers visitation rights.
Article 150 of the Family Code expresses that family
relations include those between parents and children. Article
209, in relation to Article 220, of the Code states that it is the
natural right and duty of parents and those exercising parental
authority to, among other things, keep children in their
company and to give them love and affection, advice and
counsel, companionship and understanding.
The Constitution itself speaks in terms of the natural and
primary rights of parents in the rearing of the youth. There is
nothing conclusive to indicate that these provisions are meant
to solely address themselves to legitimate relationships.
Indeed, although in varying degrees, the laws on support and
successional rights, by way of examples, clearly go beyond
the legitimate members of the family and so explicitly
encompass illegitimate relationships as well.
95
Tamargo vs. Court of Appeals, G.R. No. 85044, June 3, 1992
P a g e | 25
Then, too, and most importantly, in the declaration of nullity

of marriages, a situation that presupposes a void or inexistent
marriage, Article 49 of the Family Code provides for
appropriate visitation rights to parents who are not given
custody of their children. 96
Q. A is married to B. After a few years of marriage the two
separated. Then A, the wife, married C who, at the time of their
marriage, did not know that A is still married to Mario. The new
couple lived in Fairview, Quezon City. B at this time lived in
Loyola Heights, Quezon City. About a year after her marriage
to C, A gave birth D. C came to know of As previous marriage
to B, and relationship between the two turned sour. About one
year from the birth of the child, C filed a complaint against A
for the declaration of nullity of his marriage to A on the ground
of bigamy. The trial court declared the marriage a nullity and
declared D an illegitimate child of the couple. The custody of D
was awarded to A with C having visitation rights. A appealed
from the decision, contending that there was nothing in the law
granting visitation rights in favor of the putative father of an
illegitimate child. Is C entitled to visitation rights?
A. C is not entitled to visitation rights. D is not his child but
Bs.
Under the law, children conceived or born during the
marriage of the parents are legitimate children of the parents. 97
In this case, the marriage between A and B still subsists. In
law, the two are still married to each other. Hence, D is
presumed to be their child. The presumption of legitimacy
proceeds from the sexual union in marriage. To overthrow this
presumption, it must be shown beyond reasonable doubt that
there was no access that could have enabled the husband to
father the child. Sexual intercourse is to be presumed where
personal access is not disproved, unless such presumption is
rebutted by evidence to the contrary. During the period that C
and A were living together in Fairview, Quezon City, B was
96
97
Silva vs. Court of Appeals. G.R. No. 114742, July 17, 1997
P a g e | 26
living in Loyola Heights which is also in Quezon City. Fairview

and Loyola Heights are only a few kilometers apart. The
separation between A and B was certainly not such as to make
it physically impossible for them to engage in the marital act.
The presumption of legitimacy does not only flow out of a
declaration in the statute but is based on the broad principles
of natural justice and the supposed virtue of the mother. It is
grounded on the policy to protect the innocent offspring from
the odium of illegitimacy.98
Q. X, a married man, hired Y in 1990 as accountant of his
two corporations. The two later became intimate and
eventually they lived as husband and wife. They had two
children. After the birth of the second child the relations
between the two soured until they parted ways. X intended to
file a complaint against Y for reconveyance of a parcel of land
registered in the name of Y for the reason that the property
was acquired during his union with her using his exclusive
funds. X hires you as his counsel. What pieces of evidence
will you ask of him?
A. I will ask X to bring to me all documents showing, or
witnesses who can testify, that he exclusively owned the
money used in buying the property. An example would be a
check drawn by him payable to the order of the seller and the
check voucher showing the transaction of sale over the
property.
The Family Code provides that in case of relationships in a
state of concubinage, only the properties acquired by both of
the parties through their actual joint contribution of money,
property, or industry are owned by them in common in
proportion to their respective contributions. 99
These documents or witnesses are necessary because the
cohabitation between X and Y is one where the parties or one
98
99
Concepion vs. Court of Appeals, G.R. No. 123450, Aug. 31, 2005
P a g e | 27
of them are incapacitated to marry, in which case, one can

claim a property or a part thereof only if he has actually
contributed to the acquisition thereof.
In this case, the land is registered in the name of Y, and
unless X can present these pieces of evidence, his action for
reconveyance will fail because as the registered owner of the
property, Y is presumed to be the true owner thereof. 100
Q. Is a child born out of a bigamous marriage legitimate
or illegitimate?
A. It depends.
If the spouse who contracted the subsequent bigamous
marriage is the wife in a first marriage, and sexual contact
between her and her husband in the first marriage being not
impossible, the child is a legitimate child of the first marriage. 101
The Family Code provides that, children conceived or born
during a subsisting
marriage are presumed the legitimate
children of the spouses, unless the contrary is proved under
the instances provided by law.102
Since in a bigamous marriage, the first marriage still
subsists, any child born to the wife is considered the legitimate
child of the first marriage.
However, if the spouse who contracted the second
marriage is the husband, any child born to the second wife is
illegitimate.
Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided by law.103 And those
born outside a valid marriage declared by law to be legitimate
100
Ibid.
Concepcion vs. Court of Appeals, G.R. No. 123450, Aug. 31, 2005
102
Art. 164, Family Code; Concepcion vs. Court of Appeals, G.R. No.
123450, Aug. 31, 2005
103
101
P a g e | 28
are only the following: (a) those born before the judgment of
absolute nullity of a marriage by reason of psychological
incapacity of any one of the parties; 104 (b) those born of a
subsequent marriage which is void because the judgment of
annulment or of nullity of the previous marriage, the partition
and distribution of the properties of the spouses and the
delivery of the childrens presumptive legitimes were not
recorded in the civil registry and the registries of property. 105
and (c) those born of a subsequent marriage made under the
authority of judicial declaration of presumptive death of a
spouse of a previous marriage which is void because both
parties in the subsequent marriage acted in bad faith. 106
A child born out of a bigamous marriage is not one of those
whose children are conferred legitimacy by law.
Q. In X Academy, the grade six science class of Teacher Y
was conducting an experiment on fusion of sulphur powder
and iron fillings. Teacher Y instructed the class to strictly follow
the written procedure for the experiment and not to look into
the test tube until the heated compound had cooled off. Then
she left her class while it was doing the experiment.
In the course of the experiment, Z, the assistant leader of
the class, checked the result of the experiment by looking into
the test tube with magnifying glass. The test tube was being
held by one of his classmates A who teasingly moved it close
to the eye of Z. At that instance, the compound in the test tube
spurted out and several particles of which hit Zs eyes. The
eyes were chemically burned for which he had to undergo
surgery. The parents of Z sued Teacher Y and X Academy for
damages. Will the action prosper?
A. Yes, the action will prosper.
104
105
106
Ibid.
Ibid.
Arts. 43 (1) and 44, Family Code
P a g e | 29
The Family Code provides that the school and its teachers
are solidarily liable for the acts or omissions of a minor child
while under their supervision, instruction or custody, unless
they exercised the proper diligence required under the
particular circumstances. (Arts. 218 and 219, Family Code)
In this case, Z got injured by the act of A, his classmate
and still a minor, while the latter was under the custody of
Teacher Y and X Academy. Teacher Y did not exercise proper
diligence in the conduct of the school activity. Instead of
staying with her pupils and ever watchful of what they were
doing so that no harm would befall them, she left them. The
mishap could have been prevented had Teacher Y exercised a
higher degree of care, caution and foresight. As Teacher Y was
negligent, hence, liable for damages, X Academy too is liable
for damages because it is solidarily liable with the teacher.
Q. H married W and they decided to adopt the conjugal
partnership of gains as their property regime. They had three
children, aged 7, 9, and 11. The marriage between A and B
was declared void by the court on the ground of psychological
incapacity of H. The only property that the couple was able to
acquire during their union was the house and lot which the
family used as their residence which was acquired from out of
the salaries of the couple. The children aged 7 and 9 chose to
live with their mother W. The 11-year old child chose to live
with the father. Who owns the house and lot?
A. H and W own the house and lot in equal shares.
The Civil Code provides that when a man and a woman
who are capacitated to marry each other, live exclusively with
each other as husband and wife under a void marriage,
properties acquired through their work or industry are
governed by the rules on co-ownership, and they own the
property in equal shares.
In this case, H and W, who are not incapacitated to marry
each other, were married under a void marriage, and jointly
they acquired during the union. The rules on the liquidation of
P a g e | 30
a conjugal partnership of gains or absolute community of

property, including the rule on presumptive legitimes and
adjudication of the dwelling house apply only to liquidation of
marriages on grounds other than the ground of psychological
incapacity.
Q. X, a citizen of Country A, but domiciled in the
Philippines, had a legitimate daughter Y and an illegitimate
daughter Z. In his will, X gave to Z a parcel of land valued at
P100,000.00 and to Y the remainder of the estate valued at
P10 million. The civil code of Country A contains the following
provisions, among others:
a) A testator has the right to dispose of his property in the
way he desires.
b) Intestate and testamentary successions are governed
by the law of the country where the properties are
found.
Under Philippine law, an illegitimate child is entitled to one-half
of the share of a legitimate child. Z filed a complaint against Y
and the estate of X for the partition of the estate according to
Philippines law. Will the action prosper?
A. Yes, the action will prosper.
The Civil Code provides that intestate and testamentary
successions are regulated by the national law of the person
whose succession is under consideration, 107 but where the
conflicts of laws rule of his country refers the matter back to
the Philippines, the internal law of the Philippines applies. 108
In this case, the conflicts of laws rule of Country A refers
the matter back to the Philippines where his properties are
located, hence, Philippine internal law applies. Since under
Philippine law an illegitimate child is entitled to one-half of the
share of a legitimate child in the estate, Z is entitled to much
107
108

Renvoi doctrine
P a g e | 31
more than the P100,000

prosper.
given her. Hence, her action will
II. CRIMINAL LAW

Q. An agonizing and protracted trial having come to a
close, the judge found A guilty beyond reasonable doubt of
homicide and imposed on him a straight penalty of SIX (6)
YEARS and ONE (1) DAY of prision mayor.
The public prosecutor objected to the sentence on the
ground that the proper penalty should have been TWELVE
(12) YEARS and ONE (1) DAY of reclusion temporal.
The defense counsel chimed in, contending that
application of the Indeterminate Sentence Law should lead to
the imposition of a straight penalty of SIX (6) MONTHS and
ONE (1) DAY of prision correccional only. Who of the three is
on the right track?
A. None of the three is correct.
Under the Indeterminate Sentence Law (Act 4103, as
amended) requires that the sentence in this case should
reflect a minimum term
for purposes of parole, and a
maximum term fixing the limit of the imprisonment.
In this case, the judgment and the claims of the
prosecution and the defense all Impose a straight penalty.
They are incorrect.
Q. Matt was found guilty of drug trafficking while his
younger brother Jeff was found guilty of possession of
equipment, instrument, apparatus and other paraphernalia for
dangerous drugs under Section 12 of Republic Act No. 9165.
Matt filed a petition for probation. Jeff appealed his
conviction during the pendency of which he also filed a petition
for probation.
P a g e | 32
The brothers counsel argued that they being first time

offenders, their petitions for probation should be granted. How
would you resolve the brothers petitions for probation?
A. Both petitions for probation should be denied.
Matts petition should be denied.
Under the Comprehensive Dangerous Drugs Act of 2002,
any 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.
In this case, Matt is convicted of drug trafficking. That he is
a first time offender is of no moment.
Jeffs petition should also be denied.
Under the Probation Law, as amended, an application for
probation may not entertained or granted if the accused has
perfected an appeal from the judgment of conviction. Jeff
would have qualified for probation because the offense of
which he was convicted was probationable, but his appeal
disqualified him for probation. That he is a first offender is,
again, of no moment.
Q. May a public officer charged under Section 3(b) of
Republic Act No. 3019 ["directly or indirectly requesting or
receiving any gift, present, share, percentage or benefit, for
himself or for any other person, in connection with any
contract or transaction between the government and any other
party, wherein the public officer in his official capacity has to
intervene under the law"] also be simultaneously or
successively charged with direct bribery under Article 210 of
the Revised Penal Code?
A. Yes, the public officer may be simultaneously or
successively charged with direct bribery.
The crime of direct bribery under Art. 210 of the Revised
Penal Code is committed by a public officer who agrees to
P a g e | 33
perform an act constituting a crime, in connection with the

performance of his official duties, in consideration of any offer,
promise, gift or present received by such officer. The bases for
the prosecution in the two offense are different. While the
violation in the first is malum in se, in the second it is malum
prohibitum.
Q. Arlene is engaged in the buy and sell of used garments,
more popularly known as "ukay-ukay." Among the items found
by the police in a raid of her store in Baguio City were brandnew Louie Feraud blazers. Arlene was charged with "fencing."
Will the charge prosper?
A. No, the charge of fencing will not prosper.
Fencing is committed when a person, with intent to gain
for himself or for another, deals in any manner with an article
of value which he knows or should be known to him to have
been derived from proceeds of theft or robbery (Sec. 2, PD
1612).
In this case, it has not been established that a theft or
robbery of the blazers has been committed. The charge filed
by the police has, therefore, no basis.
Q. A widower of ten years, septuagenarian Canuto felt that
he had license to engage in voyeurism. If not peeping into his
neighbors rooms through his powerful single-cylinder
telescope, he would trail young, shapely damsels along the
hallways of shopping malls. While going up the escalator, he
stayed a step behind a mini-skirted one, and in a moment of
excitement, put his hand on her left hip and massaged it. The
damsel screamed and hollered for help. Canuto was
apprehended and brought up on inquest. What charge/s, if
any, may he be held responsible for?
A. Canuto may be held liable for unjust vexation.
P a g e | 34
The crime of unjust vexation is committed when one

annoys, irritates or vexes another. Massaging the hip of
another undoubtedly annoys, irritates or vexes the latter.
The offense cannot be act of lasciviousness. While the
element of lewdness in the act may be present, another
elementforce and intimidationis absent.
Q. A asked financial support from her showbiz friend B who
accommodated her by issuing in her favor a postdated check
in the sum of P90,000.00. Both of them knew that the check
would not be honored because Bs account had just been
closed. The two then approached trader C whom they asked
to change the check with cash, even agreeing that the
exchange be discounted at P85,000.00 with the assurance
that the check shall be funded upon maturity. Upon Cs
presentment of the check for payment on due date, it was
dishonored because the account had already been closed.
What action/s may C commence against A and B to hold them
to account for the loss of her P85,000.00?
A. A criminal action for violation of BP 22 may be filed
against B.
The elements of the offense of violation of BP 22 are: (1)
the respondent or accused makes, draws or issues any check
to apply to account or for value; 2) the drawer knows at the
time of the issuance that he or she does not have sufficient
funds in, or credit with, the drawee bank for the payment of the
check in full upon its presentment; and (3) the check is
subsequently dishonored by the drawee bank for insufficiency
of funds or credit or it would have been dishonored for the
same reason had not the drawer, without any valid reason,
ordered the bank to stop payment.
All the elements of the offense are present in this case.
A cannot be a respondent because he is a mere indorser
of the check. A mere indorser is not liable under BP 22.
P a g e | 35
A criminal complaint for estafa may be filed against A and

B.
The elements of the crime of estafa for issuing an
unfunded check are: 1) the postdating or issuance of a check
in payment of an obligation contracted at the time the check
was issued; (2) lack of sufficiency of funds to cover the check;
and (3) damage to the payee. 109
All the elements of estafa are present.
While A is not a co-drawer of the check, he should be
included in the charge for having conspired with B in
defrauding C. Both knew that Bs account had no funds to
make good the check. Where there is conspiracy, the act of
one is the act of all.
Q. Proserfina, an assistant public high school principal,
acted to facilitate the release of salary differentials and
election duty per diem of classroom teachers with the
agreement that they would reimburse her for her expenses.
Did Proserfina commit a crime?
A. No, Proserfina did not commit a crime.
Proserfina did not commit the crime of Violation of the AntiGraft and Corrupt Practices Act (Sec. 3 [b], RA 3019) which
penalizes the act of directly or indirectly requesting or
receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any
contract or transaction between the Government and any
other party, wherein the public officer in his official capacity
has to intervene under the law. She did not ask for a share or
benefit from the salary differentials and election duty per diem
of classroom teachers. She merely asked for reimbursement
of her expenses in facilitating the release. A reimbursement
cannot be a share or benefit)
109
Cajigas vs. People, G.R. No. 156541, February 23, 2009
P a g e | 36
She did not commit the crime of direct bribery punishable

under the Revised Penal Code (Art. 210). The crime of direct
bribery is committed by a public officer who agrees to perform
an act constituting a crime, in connection with the performance
of his official duties, in consideration of any offer, promise, gift
or present received by such officer. She has not committed
such an act. She merely asked for reimbursement of her
expenses in facilitating the release which is not by itself a
crime.
Q. A, B and C are members of SFC Fraternity. While eating
in a seaside restaurant, they were attacked by X, Y and Z,
members of a rival fraternity. A rumble ensued in which the
above named members of the two fraternities assaulted each
other in a confused and tumultuous manner resulting in the
death of A. As it cannot be ascertained who actually killed A,
the members of the two fraternities who took part in the rumble
were charged for death caused in a tumultuous affray. Will the
charge prosper?
P a g e | 37
A. No, the charge will not prosper.

The crime of Death Caused in a Tumultuous Affray under
the Revised Penal Code (Art.251) is committed when several
persons, not composing groups organized for the common
purpose of assaulting and attacking each other, reciprocally,
quarrel and assault each other in a confused and tumultuous
manner, and in the course of the affray someone is killed, and
it cannot be ascertained who actually killed the deceased.
In this case, the participants in the rumble belong to
organized fraternities, hence, there is no uncertainty as to the
authorship of the crime. It must be any one, some or all of the
members of the rival fraternity. Conspiracy is present among
X, Y and Z. Their liability is collective for the crime of homicide
or murder as the case may be. Where there is conspiracy, the
act of one is the act of all.
Q. Angelina maintains a website where visitors can give
their comments on the posted pictures of the goods she sells
in her exclusive boutique. Bettina posted a comment that the
red Birkin bag shown in Angelinas website is fake and that
Angelina is known to sell counterfeit items.
Angelina wants to file a case against Bettina. She seeks
your advice. What advice will you give her?
A. I will advise Angelina to file a criminal case of libel
punishable under the Revised Penal Code against Bettina.
A libel is a public and malicious imputation, by means of a
writing or similar means, of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the
memory of one who is dead. (Arts. 353 and 355, Revised
Penal Code)
In this case, Bettina has imputed the commission by
Angelina of the crime of estafa. This imputation undoubtedly
P a g e | 38
causes the dishonor, discredit, or contempt of Angelina. As the

imputation is defamatory, malice in fact is presumed. It is
immaterial whether or not the defamatory imputation is true or
false.
I will also advise Angelina to file a complaint for violation of
the Cybercrime Prevention Act of 2012 which penalizes libel
as defined in Revised Penal Code, as amended, committed
through a computer system or any other similar means which
may be devised in the future. (Sec. 4 [4])
Q. Bruno was charged with homicide for killing the 75-year

old owner of his rooming house. The prosecution proved that
Bruno stabbed the owner causing his death; and that the
killing happened at 10 in the evening in the house where the
victim and Bruno lived. Bruno, on the other hand, successfully
proved that he voluntarily surrendered to the authorities; that
he pleaded guilty to the crime charged; that it was the victim
who first attacked and did so without any provocation on his
(Bruno's) part, but he prevailed because he managed to draw
his knife with which he stabbed the victim. The penalty for
homicide is reclusion temporal.
Assuming a judgment of conviction and after considering
the attendant circumstances, what penalty should the judge
impose?
A. The penalty to be imposed is 6 years and one day to
20 years of prision mayor.
When there are two or more mitigating circumstances and
no aggravating circumstances present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable (Art. 64 [5], RPC]
In this case, the crime is attended by three mitigating
circumstances and no aggravating circumstance, hence the
P a g e | 39
penalty to be imposed is the next lower to reclusion temporal

which is prision mayor. The mitigating circumstances will no
longer be considered for the fixing of the proper penalty to be
imposed since they were already taken into account in
reducing the penalty to one degree lower. (Basan vs, People,
61 SCRA 275)
Q. While his wife was on a 2-year scholarship abroad,
Romeo was having an affair with his maid Dulcinea. Realizing
that the affair was going nowhere, Dulcinea told Romeo that
she was going back to the province to marry her childhood
sweetheart. Clouded by anger and jealousy, Romeo strangled
Dulcinea to death while she was sleeping in the maids
quarters.
The following day, Romeo was found expressionless inside
the maids quarters. He was brought to the National Center for
Mental Health (NCMH) where he was diagnosed to be
mentally unstable.
Charged with murder, Romeo pleaded insanity as a
defense.
Will Romeos defense prosper?
A. No, Romeos defense of insanity will not prosper.
The exempting circumstance of insanity may be invoked
only if the accused was insane at the time of the commission
of the offense. The philosophy behind the law on exempting
circumstance is the lack of intelligence on the part of the
accused at the time of the commission of the offense.
In this case, Romeo was completely in control of his
faculties when he committed the crime. The defense of
insanity is unavailing to him.
Q. Paul lives with his long-time girlfriend Joan in a
condominium in Makati. For more than a year, he has been
secretly saving money in an envelope under their bed to buy
her an engagement ring. One day, while Joan was cleaning
P a g e | 40
their room, she found the envelope, took the money, and left
Paul. As prosecutor, what crime, if any, would you charge
Joan?
A. I will not charge Joan of any crime.
While it is true that Joan may have committed the crime of
qualified theft (Art. 310, RPC) for the reason that, with abuse
of confidence and with intent to gain she took away personal
property belonging to Paul without the latters consent, the
information for such crime will not prosper for the reason that
Joan, as a live-partner of Paul, may invoke the defense of
being committed by a spouse provided in the Revised Penal
Code (Art. 332, RPC). Case law has established the rule that
the term spouses, as used in the law, includes common-law
wife or a live-in partner. (People v. Constantino, 60 O.G.
3603 [1963])
Q. Suspecting that her husband of twenty years was
having an affair, Leilanie hired a private investigator to spy on
him. After two weeks, the private investigator showed Leilanie
a video of her husband having sexual intercourse with another
woman in a room of a five-star hotel. Based on what she saw
on the video, Leilanie accused her husband of concubinage.
Will the case of concubinage prosper?
A. No, a case for concubinage will not prosper.
One of the elements of the crime of concubinage is that
the offender husband had sexual intercourse with a woman
not his wife under scandalous circumstances. (Art. 334, RPC)
In this case, while Leilanis husband had sexual intercourse
with a woman not his wife, he did it privately in a hotel.
The president, treasurer, and secretary of ABC Corporation
were charged with syndicated estafa under the following
Information:
P a g e | 41
That on or about the 1st week of January 2010 or
subsequent thereto in Cebu City and within the jurisdiction of
this Honorable Court, the above-named accused, conspiring
and confederating together and all of them mutually helping
and aiding one another in a syndicated manner, through a
corporation registered with the Securities and Exchange
Commission (SEC), with intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme, with
intent to gain and by means of fraud and deceit, did then and
there wilfully, unlawfully, and feloniously defraud Virna, Lana,
Deborah and several other persons by falsely or fraudulently
pretending or representing in a transaction or series of
transactions, which they made with complainants and the
public in general, to the effect that they were in a legitimate
business of foreign exchange trading successively or
simultaneously operating under the name and style of ABC
Corporation and DEF Management Philippines, Incorporated,
induced and succeeded in inducing complainants and several
other persons to give and deliver to said accused the amount
of at least P20,000,000.00 on the strength of said
manifestations and representations, the accused knowing
fully well that the abovenamed corporations registered with
the SEC are not licensed nor authorized to engage in foreign
exchange trading and that such manifestations and
representations to transact in foreign exchange were false
and fraudulent, that these resulted to the damage and
prejudice of the complainants and other persons, and that the
defraudation pertains to funds solicited from the public in
general by such corporations/associations.
Will the case for syndicated estafa prosper?

A. No, a case for syndicated estafa will not prosper.
For a syndicate to be liable for syndicated estafa, the
syndicate must be composed of five (5) or more persons
committing the estafa or other forms of swindling defined in
Arts. 315 and 316 of the Revised Penal Code.
In this case, only three (3) accused are alleged to have
conspired in the commission of swindling.
P a g e | 42
Q. A killed his wife and buried her in their backyard. He

immediately went into hiding in the mountains.
Three years later, the bones of As wife were discovered by
X, the gardener. Since X had a standing warrant of arrest, he
hid the bones in an old clay jar and kept quiet about it. After
two years, Z, the caretaker, found the bones and reported the
matter to the police.
After 15 years of hiding, A left the country but returned
three years later to take care of his ailing sibling. Six years
thereafter, he was charged with parricide but raised the
defense of prescription. Is As defense tenable?
A. No, As defense is not tenable.
The period of prescription of a crime commences to run
only from the day the crime has been discovered by the
offended party, the authorities or their agents (Art. 91, Revised
Penal Code). X, who discovered the bones of As wife, is
neither the offended party nor an agent of the authorities. The
authorities knew of the existence of the crime only five years
after its commission, and that was only 16 years ago.
Parricide prescribes in twenty years.
Q. On her way home, Eva Marie saw an injured chow chow

puppy behind a bush. Since the puppy did not have a collar,
she brought it home so she could have it as a pet. Her son in
fact begged Eva Marie to keep the puppy. The following day,
Eva Marie bought a collar for the puppy and brought it to a
veterinarian for treatment. Did Eva Marie incur criminal liability
in bringing the puppy home as a pet?
A. Yes, Eva Marie incurred criminal liability. She is liable for
simple theft.
One of the acts that constitute the crime of simple theft is
when a person who, having found lost property, fail to deliver
P a g e | 43
the same to the local authorities or to its owner. (Art. 308,

RPC).
In this case, Eva Marie found a puppy, which is personal
property, but did not deliver it to the local authorities or to its
owner because she had decided to own it. She had clung to
her original intention of keeping the puppy as a pet by buying
it a collar and having it treated by a veterinarian.
III. REMEDIAL LAW
Q. Alfie filed with the Regional Trial Court of Caloocan, a
complaint for a sum of money against Charlie. The claim is for
Php1.5Million. The complaint alleges that Charlie borrowed the
amount from Alfie and duly executed a promissory note as
evidence of the loan. Charlies office secretary, Esther,
received the summons at Charlies office.
Charlie failed to file an answer within the required period,
and Alfie moved to declare Charlie in default and to be allowed
to present evidence ex parte. Ten days later, Charlie filed his
verified answer, raising the defense of full payment with
interest.
a) Was there proper and valid service of summons on
Charlie?
A. No, there was no valid service of summons.
The Rules of Court provides that whenever practicable, the
summons is to be served by handling a copy thereof to the
defendant in person, or, if he refuses to receive and sign for it,
by tendering it to him. (Sec. 6, Rule 14)
In this case, the summons was handed not to Charlie but
to his office secretary.
While it is true that that summons may be served by
leaving the copies at defendant's office or regular place of
business with some competent person in charge thereof, this
may be done only if, for justifiable causes, the defendant
P a g e | 44
cannot be served within a reasonable time (Sec. 7, Rule 14),

and the prior attempts at personal service made by the Sheriff
and the failure of such attempts should be shown in the proof
of service. (Mapa vs. Court of Appeals, G.R. No. 79374 Oct. 2,
1992) In this case, the sheriff has not made attempts to
service the summons personally to Charlie and such fact
shown in the in the proof of service.
(b) If B is declared in default, what can Charlie do to obtain
relief?
A. If he is declared in default, Charlie may file a motion to
lift the order of default under oath on the ground that the
answer was filed on time since the summons was given to him
by his secretary only on such date as to make the filing of the
answer being timely made. He should attach to the motion the
judicial affidavit of the secretary establishing the relevant facts.
If he indeed had incurred delay in the filing of his answer,
Charlie should file a motion under oath to set aside the order
of default upon proper showing that his failure to answer was
due to fraud, accident, mistake or excusable negligence and
that he has a meritorious defense. (Sec. 3 [a], Rule 14)
Q. Yvonne, a young and lonely OFW, had an intimate
relationship abroad with a friend, Percy. Although Yvonne
comes home to Manila every six months, her foreign posting
still left her husband Dario lonely so that he also engaged in
his own extramarital activities. In one particularly exhilarating
session with his girlfriend, Dario died. Within 180 days from
Darios death, Yvonne gives birth in Manila to a baby boy. Irate
relatives of Dario contemplate criminally charging Yvonne for
adultery and they hire your law firm to handle the case.
(a Is the contemplated criminal action a viable option to
bring?
A. No, a criminal complaint for adultery is not a viable
option.
P a g e | 45
It is true that Revised Penal Code provides that the

Philippines exercises jurisdiction over crimes committed within
its territory and even, for certain crimes enumerated therein,
outside of it. (Art. 2, Revised Penal Code)
In this case, however, the act of adultery was committed
outside the territorial jurisdiction of the Philippines, and
adultery is not one of those crimes enumerated in the Revised
Penal Code over which the Philippines exercises jurisdiction
even if committed outside its territory.
(b) Is a civil action to impugn the paternity of the baby boy
feasible, and if so, in what proceeding may such issue be
determined?
A. A civil action to impugn the paternity of the baby boy

feasible.
The Family Code provides that the heirs of the husband
may file an action for impugnation if the child sough to be
impugned was born after the death of the husband. (Art. 171)
In this case, the child was born to Yvonee after the death
of Dario, hence, the heirs have the legal personality to file the
action.
The issue of the legitimacy of the child may be determined
in the action for impugnation that the heirs may file or, if the
birth of the child has already been recorded in the civil register
with Dario being registered therein as the father of the child,
the issue may be determined in an adversarial proceeding
under Rule 108 for the correction of entry of the certificate of
birth of the child. An injurious entry may be sought to be
deleted or changed under said proceeding.
Q. While in his Nissan Patrol and hurrying home to
Quezon City from his work in Makati, Gary figured in a
vehicular mishap along that portion of EDSA within the City of
Mandaluyong. He was bumped from behind by a Ford
Expedition SUV driven by Horace who was observed using his
P a g e | 46
cellular phone at the time of the collision. Both vehicles - more

than 5 years old no longer carried insurance other than the
compulsory third party liability insurance. Gary suffered
physical injuries while his Nissan Patrol sustained damage in
excess of Php500,000.
(a) As counsel for Gary, describe the process you need to
undertake starting from the point of the incident if Gary would
proceed criminally against Horace, and identify the court with
jurisdiction over the case.
A. First, I will have the traffic authorities investigate and
make a formal report of the incident, which will include a
statement from a witnesses or witnesses that Horace was
using his cellular phone while driving. The report will have to
show whether or not the vehicle driven by Horace was duly
registered with the Land Transportation Office and/or whether
or not Horace was licensed to drive and had with him at the
time his drivers license card duly signed by him.
Next, I will have to ask Gary to seek medical treatment and
ask the attending physician for the medical certificate. I will tell
him to keep the bills and the official receipts for the medicines
and other expenses he had incurred for his treatment.
And finally, I will ask Gary to have the damage to his car
estimated by a duly licensed and competent car repairman.
The court that has jurisdiction over the criminal complaint
will depend upon the kind of physical injuries Gary had
sustained. (MTCs have jurisdiction over all criminal cases
which carry the maximum penalty of not more than six years
imprisonment).
(b) If Gary chooses to file an independent civil action for
damages, explain briefly this type of action: its legal basis; the
different approaches in pursuing this type of action; the
evidence you would need; and types of defenses you could
expect.
P a g e | 47
A. An independent civil action is one the basis of which

does not arise from the criminal act complained of but from
law, contract or quasi-delict.
In this case, Gary may file an independent civil action for
damages on the basis of quasi-delict or the act or omission on
the part of Horace that caused damage to his person and to
his car.
The evidence that is required is mere preponderance of
evidence. If Horace is the owner of the car, Gary should
expect him to interpose the defense of due care in driving his
car. If he were a mere driver, Gary had to sue either the owner
or Horace or both of them. He should expect the owner to
interpose the defense of due diligence in the selection and
supervision of his driver.
Q. At the Public Attorney's Office station in Taguig where

you are assigned, your work requires you to act as public
defender at the local Regional Trial Court and to handle cases
involving indigents.
(a) In one criminal action for qualified theft where you are
the defense attorney, you learned that the woman accused
has been in detention for six months, yet she has not been to
a courtroom nor seen a judge.
What remedy would you undertake to address the situation
and what forum would you use to invoke this relief?
A. If the penalty for the offense is not more than six
months, then I will file a motion in the court where the case is
assigned to release the accused upon the ground that, even
assuming that the accused is guilty, she would have already
served her sentence.
If the penalty is more than six months, I will file a motion in
court to have the case set for arraignment. After the
information is filed, the next step in the criminal procedure is
P a g e | 48
the arraignment. In the arraignment, the information will be

read to the accused in the language or dialect known to him,
and he will be asked whether he pleads guilty or not guilty.
In my motion, I will invoke accuseds constitutional right to
speedy trial.
(b) In another case, also for qualified theft, the detained
young domestic helper has been brought to court five times in
the last six months, but the prosecution has yet to commence
the presentation of its evidence. You find that the reason for
this is the continued absence of the employer-complainant
who is working overseas.
What remedy is appropriate and before which forum would
you invoke this relief?
A. I will file a motion in court for the dismissal of the
information on the ground of failure to prosecute and of the
accuseds constitutional right to speedy trial. The State has all
the resources at its command to produce its witnesses, and
the accused cannot be made to remain hostage to the
unavailability of the States witnesses.
(c) Still in another case, this time for illegal possession of

dangerous drugs, the prosecution has rested but you saw from
the records that the illegal substance allegedly involved has
not been identified by any of the prosecution witnesses nor
has it been the subject of any stipulation.
Should you now proceed posthaste to the presentation of
defense evidence or consider some other remedy? Explain the
remedial steps you propose to undertake.
A. I will file a demurrer to evidence.
The Rules of Court provides that after the prosecution
rests its case, the court may dismiss the action on the ground
of insufficiency of evidence (1) on its own initiative after giving
the prosecution the opportunity to be heard or (2) upon
P a g e | 49
demurrer to evidence filed by the accused with or without

leave of court. (Sec. 23, Rules of Court)
In this case, the failure on the part of the prosecution to
have the illegal substance subject matter of the case identified
by any of the prosecution witnesses is fatal to the cause of the
prosecution.
However, I will file the demurrer to evidence only upon
leave of court so that if the court denies the demurrer, I will still
have the right to adduce evidence for the defense. If the
demurrer to evidence is filed without leave of court and is
denied, the accused loses his right to adduce evidence in his
behalf. (Ibid.)
(d) In one other case, an indigent mother seeks assistance
for her 14-year old son who has been arrested and detained
for malicious mischief.
Would an application for bail be the appropriate remedy or
is there another remedy available? Justify your chosen remedy
and outline the appropriate steps to take.
A. An application for bail is not the appropriate remedy. I
will file instead a motion for the dismissal of the information.
Under the law, a person below 14 years old is absolutely
exempted from criminal liability. (RA. 9344, the Juvenile
Justice and Reform Act)
Q. The spouses Juan reside in Quezon City. With their

lottery winnings, they purchased a parcel of land in Tagaytay
City for P100,000.00. In a recent trip to their Tagaytay
property, they were surprised to see hastily assembled
shelters of light materials occupied by several families of
informal settlers who were not there when they last visited the
property three (3) months ago.
To rid the spouses Tagaytay property of these informal
settlers, briefly discuss the legal remedy you, as their counsel,
would use; the steps you would take; the court where you
P a g e | 50
would file your remedy if the need arises; and the reason/s for
your actions.
A. As the counsel for the spouses, I will file a civil action
for forcible entry, with prayer of a status quo ante order, in the
Municipal Trial Court in Cities of Tagaytay City.
The Rules of Court provides that a person deprived of the
possession of any land or building by force, intimidation,
threat, strategy, or stealth may, at any time within one (1) year
after such unlawful bring an action in the Municipal Trial Court
of the municipality or city wherein the real property involved, or
a portion thereof, is situated, against the person or persons
unlawfully depriving of possession, or any person or persons
claiming under them, for the restitution of such possession,
together with damages and costs. (Sec. 1, Rule 70 and Sec.
1, Rule 4, Rules of Court)
In this case, the informal settlers had unlawfully deprived
the spouses Juan of the possession of their land, and it has
been only three months since they were dispossessed.
I will include in my complaint an application for a status
quo ante order because of the extreme urgency of the case
and so that the case may no longer pass through the
conciliation proceedings under the Katarungang Pambarangay
provisions of the Local Government Code. (Under the
provisions, a party may go directly to court if his action is
coupled with a provisional remedy). (Sec. 412, Local
Government Code)
Q. While leisurely walking along the street near her house
in Marikina, Patty unknowingly stepped on a garden tool left
behind by CCC, a construction company based in Makati. She
lost her balance as a consequence and fell into an open
manhole. Fortunately, Patty suffered no major injuries except
for contusions, bruises and scratches that did not require any
hospitalization. However, she lost self-esteem, suffered
embarrassment and ridicule, and had bouts of anxiety and bad
dreams about the accident. She wants vindication for her
P a g e | 51
uncalled for experience and hires you to act as counsel for her
and to do whatever is necessary to recover at least
Php100,000 for what she suffered.
What action or actions may Patty pursue, against whom,
where (court and venue), and under what legal basis?
A. I will file an action for moral damages against CCC and
the municipality of Marikina on the basis of quasi-delict.
The Civil Code provides that whoever by act or omission
causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. (Art. 2176, Civil Code)
In this case, CCC was negligent in failing to secure its
garden tool which was the proximate cause in Pattys falling
into an open manhole which caused her to suffer serious
anxiety and mental anguish. The municipality of Marikina was
also negligent in not covering the manhole.
I will file the action in the Metropolitan Trial Court of
Marikina City or in the Metropolitan Trial Court of Makati City,
at Pattys choice. The Rules of Court provides that personal
actions, as in this case, may be commenced and tried in the
court where the plaintiff resides, or where the defendant
resides, at the election of the plaintiff. (Sec. 2, Rule 4, Rules of
Court) The amount of the claim being only P100,000, the court
which has jurisdiction is the Metropolitan Trial Court. (Sec. 33,
BP 129, as amended)
Q. You are the defense counsel of Angela Bituin who has
been charged under RA 3019 (Anti-Graft and Corrupt
Practices Act ) before the Sandiganbayan. While Angela has
posted bail, she has yet to be arraigned. Angela revealed to
you that she has not been investigated for any offense and
that it was only when police officers showed up at her
residence with a warrant of arrest that she learned of the
pending case against her. She wonders why she has been
charged before the Sandiganbayan when she is not in
government service.
P a g e | 52
(a) What "before-trial" remedy would you invoke in
Angelas behalf to address the fact that she had not been
investigated at all, and how would you avail of this remedy?
A. The before-trial remedy that I would file in court a

Motion To Quash Warrant of Arrest and For Preliminary
Investigation.
The Rules of Court provides that except in a case where
the accused is lawfully arrested without a warrant, a
preliminary investigation is required to be conducted before
the filing of a complaint or information for an offense where the
penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.
In this case, no preliminary investigation was conducted on
the offense charged against Angela Bituin. The filing of the
information and the issuance of the warrant of arrest are
without legal basis.
(b) What "during-trial" remedy can you use to allow an
early evaluation of the prosecution evidence without the need
of presenting defense evidence; when and how can you avail
of this remedy?
A. The during-trial remedy that I can use is to file a
demurrer to evidence with leave of court.
The Rules of Court provides that after the prosecution
rests its case, the court may dismiss the action on the ground
of insufficiency of evidence (1) on its own initiative after giving
the prosecution the opportunity to be heard or (2) upon
demurrer to evidence filed by the accused with or without
leave of court. (Sec. 23, Rules of Court)
I may avail of this remedy within a non-extendible period
of five (5) days after the prosecution has rested its case.
(Ibid.)
Q. On his way to the PNP Academy in Silang, Cavite on
board a public transport bus as a passenger, Police Inspector
P a g e | 53
Masigasig of the Valenzuela Police witnessed an on-going

armed robbery while the bus was traversing Makati. His
alertness and training enabled him to foil the robbery and to
subdue the malefactor. He disarmed the felon and while
frisking him, discovered another handgun tucked in his waist.
He seized both handguns and the malefactor was later
charged with the separate crimes of robbery and illegal
possession of firearm.
Where should Police Inspector Masigasig bring the felon
for criminal processing? To Silang, Cavite where he is bound;
to Makati where the bus actually was when the felonies took
place; or back to Valenzuela where he is stationed? Which
court has jurisdiction over the criminal cases?
A. The police officer should bring the felon to the nearest
police station which is most probably located in Makati City.
The Rules of Court provides that it shall be the duty of the
officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without
unnecessary delay. (Sec. 3, Rule 113, Rules of Court) While
the foregoing rule refers to an arrest on the basis of a warrant
of arrest, it applies as well to a lawful warrantless arrest, as in
this case.
Both cases should be filed in the courts of Makati City
where the crimes were committed.
Q. For over a year, Nenita had been estranged from her
husband Walter because of the latters suspicion that she was
having an affair with Vladimir, a barangay kagawad who lived
in nearby Mandaluyong. Nenita lived in the meantime with her
sister in Makati. One day, the house of Nenitas sister
inexplicably burned almost to the ground. Nenita and her sister
were caught inside the house but Nenita survived as she fled
in time, while her sister tried to save belongings and was
caught inside when the house collapsed.
P a g e | 54
As she was running away from the burning house, Nenita

was surprised to see her husband also running away from the
scene. Dr. Carlos, Walters psychiatrist who lived near the
burned house and whom Walter medically consulted after the
fire, also saw Walter in the vicinity some minutes before the
fire. Coincidentally, Fr. Platino, the parish priest who regularly
hears Walters confession and who heard it after the fire, also
encountered him not too far away from the burned house.
Walter was charged with arson and at his trial, the
prosecution moved to introduce the testimonies of Nenita, the
doctor and the priest-confessor, who all saw Walter at the
vicinity of the fire at about the time of the fire.
(a) May the testimony of Nenita be allowed over the
objection of Walter?
A. No, the testimony of Nenita may not be allowed over the

objection of Walter.
The Rules of Court provides that during their marriage,
neither the husband nor the wife may testify for or against the
other without the consent of the affected spouse, except in a
civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter's direct
descendants or ascendants. (Sec. 22, Rule 30, Rules of
Court).
In this case, Nenita is sought to testify against Walter in a
criminal case for a crime not committed by one against the
other or the latter's direct descendants or ascendants. The
disqualification is absolute. Hence, Nenita may not testify over
the objection of Walter.
(b) May the testimony of Dr. Carlos, Walters psychiatrist,
be allowed over Walters objection?
A. Yes, the testimony of Dr. Carlos may be allowed, despite
Walters objection.
P a g e | 55
The Rules of Court provides that a person authorized to

practice medicine, surgery or obstetrics cannot in a civil case,
without the consent of the patient, be examined as to any
advice or treatment given by him or any information which he
may have acquired in attending such patient in a professional
capacity, which information was necessary to enable him to
act in that capacity, and which would blacken the reputation of
the patient. (Sec. 24 [c], Rule 130, Rules of Court)
In this case, Dr. Carlos is being asked to testify in a
criminal case.
Even if this were a civil case, the testimony of Dr. Carlos
may be allowed, even over the objection of Walter, if the
purpose of the testimony is to prove that Dr. Carlos saw
Walter in the vicinity some minutes before the fire. Such
testimony has nothing to do with the physician-patient
relations that exists between the two.
(c) May the testimony of Fr. Platino, the priest-confessor,
be allowed over Walters objection?
A. It depends.
If the purpose of the testimony is to elicit information on
matters Walter had confessed to Fr. Platino, then the
testimony of Fr. Platino may not be allowed over Walters
objection.
The Rules of Court provides that a minister or priest
cannot, without the consent of the person making the
confession, be examined as to any confession made to or any
advice given by him in his professional character in the course
of discipline enjoined by the church to which the minister or
priest belongs. (Sec. 24 [d], Rule 130, Rules of Court)
However, if the purpose of the testimony is to prove that at
the time the fire broke out, Platino saw Walter not too far away
from the scene of the incident, the testimony may be allowed,
even over the objection of Walter. Such testimony has nothing
P a g e | 56
to do with the priest-patient relations that exists between the

two.
Q. As a new lawyer, Attorney Novato limited his practice to
small claims cases, legal counseling and the notarization of
documents. He put up a solo practice law office and was
assisted by his wife who served as his secretary/helper. He
used a makeshift hut in a vacant lot near the local courts and
a local transport regulatory agency. With this practice and
location, he did not have big-time clients but enjoyed heavy
patronage assisting walk-in clients.
(a) What role can Attorney Novato play in small claims
cases when lawyers are not allowed to appear as counsel in
these cases?
A. Small claims cases are governed by the Rule of
Procedure for Small Claims Cases. Atty. Novato may assist
any one of the parties in complying with the rules therein
provided. He has the legal training to effectively do so. For
instance, he may assist a party in the preparation and
notarization of his or her pleadings. The Rule of Procedure for
Small Claims Cases requires that only facts of direct personal
knowledge of the affiants which are admissible in evidence
may be stated in the affidavit. (Sec. 7, Rule of Procedure for
Small Claims Cases) A lawyer knows or ought to know what
these facts are.
(b) What legal remedy, if any, may Attorney Novato pursue
for a client who loses in a small claims case and before which
tribunal or court may this be pursued?
A. He may not appeal from any decision of the court. The
decision is final and unappealable. (Sec. 23, Rule of
Procedure for Small Claims Cases).
He may not also assail the validity of the decision through
a petition for certiorari under Rule 65. The Rule of Procedure
for Small Claims Cases prohibits the filing of a motion for
P a g e | 57
reconsideration of the judgment, which is a requirement before

one may avail of the remedy of a petition for certiorari.

It&#39;s CLIR!

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

It&#39;s CLIR!

Uploaded by

Copyright:

Available Formats

Its CLIR!

(How To Answer Essay-Type

(How To Answer Essay-Type

Member, Integrated Bar of the Philippines

(How To Answer Essay-Type

relations, etc.), or The Civil Code (or the Family Code,

B. The Exception As The Applicable Law

While it is true that laws relating to family rights and

Art. 15, Civil Code

When the law speaks of a limitation or restriction, the

Van Dorn vs. Romillo, G.R. No. L-68470, Oct. 8, 1985

C. The Trunk Law

Nuguid vs. Nuguid, G.R. No. L-23445, June 23, 1966

b) Art. 40. The absolute nullity of a previous marriage

So you may answer the question this way:

D. APPLY CLIR FORMAT

Art. 147, Family Code of the Philippines

illustrations. To multi-question ones, the C and the L may be

Art. 15, Civil Code

d) Philippine law. Same as (b).

judgment freeing X of any liability to Y Bank but declaring Z

Article 2047, Civil Code

A. (a) The contract is one of lease.

Q. In his will, A, who died without issue, devised to B a

Art. 1643, Civil Code

Mamaril vs. Boys Scouts of the Philippines, G.R. No. 179382,

the devisee was to be substituted by the testators

passengers, were a welding machine, a boring machine, a

Q. The contract for the construction of a modern abattoir

Art. 415, Civil Code

Mindanao Bus Company vs. City Assessor & Treasurer, G.R.

Q. The PBA, Inc. entered into a contract with the United

Art. 1422, Civil Code

Q. In 1979, Nestor applied for and was granted a Free

H, invoking the judgment, then moved to dismiss the

Art. 40, Family Code

naturalized citizen of a foreign country, hence, the divorce is

Republic of the Philippines vs. Orbecido, G.R. No. 154380, Oct. 5,

Art. 94, par. 3; Art. 122, Family Code

That the spouse was a top stockholder of the company

Ching vs. Ching, G.R. No. 124642, Feb. 23, 2004

accrual of some benefit or advantage in favor of the adopted

Tamargo vs. Court of Appeals, G.R. No. 85044, June 3, 1992

Then, too, and most importantly, in the declaration of nullity

living in Loyola Heights which is also in Quezon City. Fairview

of them are incapacitated to marry, in which case, one can

a conjugal partnership of gains or absolute community of

Art. 16, par. 2, Civil Code

more than the P100,000

given her. Hence, her action will

II. CRIMINAL LAW

The brothers counsel argued that they being first time

perform an act constituting a crime, in connection with the

The crime of unjust vexation is committed when one

A criminal complaint for estafa may be filed against A and

Cajigas vs. People, G.R. No. 156541, February 23, 2009

She did not commit the crime of direct bribery punishable

A. No, the charge will not prosper.

causes the dishonor, discredit, or contempt of Angelina. As the

Q. Bruno was charged with homicide for killing the 75-year

penalty to be imposed is the next lower to reclusion temporal

Will the case for syndicated estafa prosper?

Q. A killed his wife and buried her in their backyard. He

Q. On her way home, Eva Marie saw an injured chow chow

It's CLIR!

It's CLIR!