Direction:

Each question answer it in just 2 minutes.

1. T made a will in February 2008, which he revoke later in August

2008. In June 2012, he made a codicil to the will of February 2008
(not August), describing the will, giving its date with a formal
statement that he was declaring it to be his last will and testament.
The codicil merely referred to the will, without reproducing the same.
Is there a sufficient republication?

2. A gave B a legacy of 300K. B was instructed to buy lands, retain 1/3

of the land and deliver the rest to C and D. Before B can get the
300K, does he have to give the bond?

3. B is a legitimate child; C an acknowledged natural child; and d a

recognized spurious child of A. The estate is 1M. Give their
respective legitimes?

4. A died intestate leaving a considerable fortune. His widow B gave

birth to a son 3 months after As death. The child died 2 days after
it was born . The widow B died after her child. The inheritance left
by a is claimed by a legitimate mother of B, and a legitimate brother
of A. there are no other relatives. Who do you believe is entitled to
the inheritance? Why?

5. C died having 3 hectares of land and were inherited by her son B

(without any legal heir). Later B died and the parcel of land were
inherited intestate by the father?
1. In this situation is there a reserve troncal? Explain?
2. What should the father now do in so far as the reservable
property is concerned?

6. An absent heiress (absent because of illness) was included in a

deed of partition made among the heirs, through a brother who
apparently represented her, but who had no such written power of
attorney to act as such. If said absent heiress does not ratify the
partition , will the same binding on her?

7. A wife in her will ordered the payment of her children legitime in

cash, although she did not give the administration of management
of the estate to one of more heirs. Is the order of the wife valid?
8. B and C legitimate children. During As lifetime, he gave B the sum
of 100K. In his will, A distributed his remaining estate of 900K as
follows: B was given 150K ; C was given 250K and F a friend was
given 500K. When A died, B complained, stating that he had not
been given his right legitime. Is Bs right ?

9. A and B are brothers. W is as wife. B has an illegitimate child C. A

dies without a will leaving as claimants heirs, W and C. Who will
inherit?

10. In an intestate proceeding, the heirs presented a partition

which was subsequently approved by the court. Later an alleged will
turned up, and some of the heirs benefited moved for the reopening
of the case. But the court ruled among the other things that the
discovered will had already been previously revoked. Can the
intestate court make this declaration?

1. Does a trial court possess jurisdiction to dissolve a writ of

preliminary injunction which is pending review on certiorari in the
court of appeals?

2. B executed a SPA in favour of T(agent) to recover a property from

D. The agent, a resident of Roxas, Isabela filed the complaint
against D, a resident of Roxas, Isabela, but without undergoing
barangay conciliation. The defendant moved to dismiss on the
ground of failure to comply with the condition precedent. It dismissed
by the RTC, hence a petition for review on certiorari was filed with
the SC where it was contended that since B was a permanent
resident of the USA, then, there is no need for barangay conciliation
even if the agent is a resident of Roxas, Isabela, the agent is not the
real party-in-interest. On the other hand it was contended that all
disputes involving real property or any interest there in shall be
brought in the barangay where the real property is located. Whos
contention is correct? Explain?

3. Petitioner spouses obtained a loan secured by a mortgage over their

land and ice plant in Sta. Maria, Bulacan. Because they failed to pay
the loan, the mortgage was foreclosed and the ice plant auctioned.
Before the RTC of Manila, they sued the bank for the damages and
 for the fixing of the redemption period. What is the nature of the
action? Explain?

4. On May 27, 1968, the attorney-in-fact filed in his own behalf a

complaint. A motion to dismiss was filed contending that the agent
was not the real party in interest. It was denied. A motion for
reconsideration having been denied, a petition for certiorari was
filed. If you were the ponente, how would you decide? Explain?

5. There was a complaint to nullify contracts of loan and real estate

mortgage alleging that there was no authority granted to chua by the
corporation to enter into a contract of loan. It was alleged that the
contract were fictitious. A motion to dismiss on the ground of
improper venue was filed alleging that the action should been filed
in Quezon City, not Pasig City since the properties are located in
Quezon city, and the action affected title to or possession over the
parcels of land subject of the real estate mortgage. The motion to
dismiss was denied ruling that an action to annul the loan and the
mortgage contracts is a personal action, hence, venue lies in the
RTC of Pasig City, where the parties resides. The CA affirmed the
order. Is the ruling correct? Why ?

6. A judgement of the MTC governed by the rules on Summary

Procedure was upheld by the RTC. What requirements must be met
before such judgement becomes immediately executory? Explain?

7. The plaintiff filed a complain for unliquidated cash advances,

unremitted cost of premiums and other charges against the
defendant, with damages. In her answer, she asserted by way of
counterclaims of her right to pay of commissions, and contingent
bonuses, with damages. There was a motion to strike out the
counterclaims on the ground of non-payment of docket fee
contending that the same are permissive counterclaims. It was
granted. Is the counter claim compulsory or permissive in nature?
Explain?

8. There were several defendants in an action for quieting of title.

Some answered and others were defaulted. When the court allowed
the presentation of evidence ex parte, the evidence received was
 only against the defending defendants. It went on to render a partial
judgement. Is the partial decision correct? Why?

9. A petition was filed with the court of appeals without explanation that
service by other modes was resorted to. The CA considered it as
filed. Is the order of the CA correct? Why?

10. A filed a complaint against B who did not file a motion to

dismiss but instead, interposed some grounds for motion to dismiss
as affirmative defenses. Can the counterclaim still be prosecuted?
Why?

1. In 2009, Caruso, a resident Filipino citizen, received diffident income

from a U.S based corporation which owns a chain of Filipino
restaurants in the West Coast, U.S.A. the dividend remitted to
Caruso is subject to U.S withholding tax with respect to non-
resident alien like Caruso. What will be your advice to Caruso in
order to lessen the impact of possible double taxation on the same
income? Would your answer be the same if Caruso became a U.S
immigrant in 2008 and had become a non-Filipino citizen? Explain
the difference in treatment for Philippine income tax return?

2. Jessie brought into the Philippines a foreign-made luxury car, and

paid less than the actual taxes and duties due. Due to the
discrepancy, the Bureau of Customs instituted seizure proceedings
and issued a warrant of seizure and detention. The car, then parked
inside a pay parking garage, was seized and brought by government
agents to a government impounding facility. The collector co
customs denied Jessies request for the withdrawal of the warrant.
Aggrieved, Jessie filed against the collector a criminal complaint for
usurpation of judicial function on the ground that only a judge may
issue a warrant of search and seizure. Resolve with reasons
Jessies criminal complaint? Would your answer be the same if the
luxury car was seized while parked inside the garage of Jessies
residence? Why or why not?

3. Z is a Filipino immigrant living in the United States for more than 10

years. He is retired and he came back to the Philippines as a
balikbayan. Every time he comes to the Philippines, he stays here
for about a month. He regularly receives a pension from his former
employer in the U.S. amounting to US$1000 a month. While in the
 Philippines, with his pension pay from his former employer, he
purchased 3 condominium units in Makati which is he is renting out
for 15k pesos a month each. Does the US$ 1000 pension becomes
taxable because he is now residing in the Philippines? Reason
briefly. Is his purchase of the 3 condominium units subject to any
tax? Why? Will Z be liable to pay income tax on the 45K pesos
monthly income? Why?

4. Mr. Abraham Eugenio,a pawnshop operator, after having been

required by the Revenue District Officer to pay value-added tax
pursuant to a revenue Memorandum Order of the commissioner of
the internal revenue, filed with the RTC an action questioning the
validity of the RMO. If you were the judge, will you dismiss the case?
Why or why not?

5. A law was passed exempting doctors and lawyers from the

operation of value added tax. Other professionals complained and
filed a suit questioning the law for being discriminatory and violative
of other equal protection clause of the constitution since complain
were not given the same exemption. Is the suit meritorious or not?
Reason briefly.

6. X was hired by Y to watch over Ys fishpond with a salary of 10K

pesos. To enable him to perform his duties well , he was also
provided a small hut, which he could use as his residence in the
middle of fishpond. Is the fair market value of the use of the small
hut by X a fringe benefit that is subject to the 32% tax imposed by
section 33 of the National Internal Revenue Code?

7. HK Co. is a Hong Kong company, which has a duly licenced

Philippine branch, engaged in trading activities in the Philippines.
HK co. also invested directly in 40% of the share stock of A Co. , a
Philippine corporation. These shares are booked in the Head Office
of HK Co. are not reflected as assets of the Philippines branch. In
1988, A. Co. declared dividends to its stockholders. Before remitting
the dividends to HK Co., A Co. seeks your advice as to whether it
will subject the remittance to WT. No need to discuss WT rates, if
applicable. Focus your decision on what is the issue.
8. Under the value added tax VAT, the tax is imposed on sales, barter,
or exchange of goods and services. The VAT is also imposed on
certain transactions deemed-sales. What are these so-called
transaction deemed sales.

9. Mr. Lajojo is a big time swindler. In one year he was able to earn 1M
from his swindling activities. When the Commissioner of Internal
Revenue discovered his income from swindling, the Commissioner
assessed him a deficiency income tax income tax from such
income.

The lawyer of Mr. Lajojo protested the assessment on the following

ground:

1. The income tax applies only to legal income, not to illegal income.
2. Mr. Lajojos receipts from his swindling did not constitute income
because he was under obligation to return the amount he had
swindled, hence, his receipt from swindling was similar to a loan,
which is not income, because for every peso he has a
corresponding liability to pay one peso.
3. If he has to pay the deficiency income tax assessment, there will
be hardly anything left to return to the victims of the swindling.

How will you rule on each of the three grounds for the protest?
Explain?

10. Noel Langit and his brother, Jovy, bought a parcel of land
which they registered in their names as pro indiviso owners (parcel
A). Subsequently, they formed a partnership, duly registered with
securities and exchange commission, which brought another parcel
of land (parcel B). Both parcels of land were sold, realizing a net
profit of 1M for parcel A and 500K for parcel B.

1. The BIR claims that the sale of parcel A should be taxed as a

sale by an unregistered partnership. Is the BIR correct?
2. The BIR also claims that the sale of parcel B should be taxed as
a sale by a corporation. Is the BIR correct?
1. Pornographic materials in the form of tabloids, magazines and
other printed materials, proliferate and are being sold openly
in the streets of Masaya City. The City Mayor organized a task
force which confiscated these materials. He then ordered that
the materials be burned in public. Dominador, publisher of the
magazine, Plaything, filed a suit, raising the following
constitutional issues: (a) the confiscation of the materials
constituted an illegal search and seizure, because the same
was done without a valid search warrant; and (b) the
confiscation, as well as the proposed destruction of the
materials, is a denial of the right to disseminate information,
and thus, violates the constitutional right to freedom of
expression. Is either or both contentions proper? Explain your
answer.

2. Section 8 ofP.D. No. 910, entitled Creating an Energy

Development Board, defining its powers and functions,
providing funds therefor and for other purposes, provides
that: All fees, revenues and receipts of the Board from any
and all sources x x x shall form part of a Special Fund to be
used to finance energy resource development and exploitation
programs and projects of the government and for such other
purposes as may be hereafter directed by the President.

The Malampaya NGO contends that the provision constitutes

an undue delegation of legislative power since the phrase
and for such other purposes as may be hereafter directed by
the President gives the President unbridled discretion to
determine the purpose for which the funds will be used. On
the other hand, the government urges the application of
ejusdem generis.

[a] Explain the completeness test and sufficient standard

test.

[b] Does the assailed portion of section 8 of PD 910 hurdle the

two (2) tests.

3. Ernesto, a minor, while driving a motor vehicle, was stopped

at a mobile checkpoint. Noticing that Ernesto is a minor, SPOl
Jojo asked Ernesto to exhibit his drivers license but Ernesto
failed to produce it. SPOI Jojo requested Ernesto to alight from
the vehicle and the latter acceded. Upon observing a bulge in
 the pants of Ernesto, the policeman frisked him and found an
unlicensed .22-caliber pistol inside Ernestos right pocket.
Ernesto was arrested, detained and charged. At the trial,
Ernesto, through his lawyer, argued that, policemen at mobile
checkpoints are empowered to conduct nothing more than a
visual search. They cannot order the persons riding the
vehicle to alight. They cannot frisk, or conduct a body search
of the driver or the passengers of the vehicle.
Ernestos lawyer thus posited that:

[a] The search conducted in violation of the Constitution and

established jurisprudence was an illegal search; thus, the gun
which was seized in the course of an illegal search is the fruit
of the poisonous tree and is inadmissible in evidence. (2.5%)

[b] The arrest made as a consequence of the invalid search

was likewise illegal, because an unlawful act (the search)
cannot be made the basis of a lawful arrest. (2.5%)

Rule on the correctness of the foregoing arguments, with

reasons.

4. Paragraphs c, d and f of Section 36 of Republic Act No. 9165

provide:

Sec. 36. Authorized drug testing. xx x The following shall be

subjected to undergo drug testing: xx x

c. Students of secondary and tertiary schools x x x;

d. Officers and employees of public and private offices x x x;
f. All persons charged before the prosecutors office with a
criminal offense having an imposable imprisonment of not less
than 6 years and 1 day;

Petitioners contend that the assailed portions of Sec. 36 are

unconstitutional for violating the right to privacy, the right
against unreasonable searches and seizures and the equal
protection clause. Decide if the assailed provisions are
unconstitutional.

5. The USS Liberty, a warship of the United States (U.S.),

entered Philippine archipelagic waters on its way to Australia.
Because of the negligence of the naval officials on board, the
 vessel ran aground off the island of Palawan, damaging coral
reefs and other marine resources in the area. Officials of
Palawan filed a suit for damages against the naval officials for
their negligence, and against the U.S., based on Articles 30
and 31 of the United Nations Convention on the Law of the
Sea (UNCLOS). Article 31 provides that the Flag State shall
bear international responsibility for any loss or damage to the
Coastal State resulting from noncompliance by a warship with
the laws and regulations of the coastal State concerning
passage through the territorial sea. The U. S. Government
raised the defenses that:

[a] The Philippine courts cannot exercise jurisdiction over

another sovereign State, including its warship and naval
officials. (b] The United States is not a signatory to UNCLOS
and thus cannot be bound by its provisions.

Rule on the validity of the defenses raised by the U.S., with

reasons.

6. Sec. 8, Article X of the 1987 Constitution provides that no

elective official shall serve for more than three (3) consecutive
terms. Rule and explain briefly the reason if the official is
prohibited to run for another term in each of the following
situations: (a) if the official is a Vice-Mayor who assumed the
position ofMayor for the unexpired term under the Local
Government Code; (b) if the official has served for three
consecutive terms and did not seek a 4th term but who won in
a recall election; (c) if the position of Mayor of a town is
abolished due to conversion of the town to a city; (d) if the
official is preventively suspended during his term but was
exonerated; and (e) if the official is proclaimed as winner and
assumes office but loses in an election protest.

7. [a] Define the archipelagic doctrine of national territory, state

its rationale; and explain how it is implemented through the
straight baseline method. (2.5o/o)

[b] Section 2 of RA 9522 declared the Kalayaan Island Group

(KIG) and Scarborough Shoal as Regimes of Islands.
Professor Agaton contends that since the law did not enclose
said islands, then the Philippines lost its sovereignty and
 jurisdiction over them. Is his contention correct? Explain

8. Sec. 8, Article X of the 1987 Constitution provides that no

elective official shall serve for more than three (3) consecutive
terms. Rule and explain briefly the reason if the official is
prohibited to run for another term in each of the following
situations: (a) if the official is a Vice-Mayor who assumed the
position ofMayor for the unexpired term under the Local
Government Code; (b) if the official has served for three
consecutive terms and did not seek a 4th term but who won in
a recall election; (c) if the position of Mayor of a town is
abolished due to conversion of the town to a city; (d) if the
official is preventively suspended during his term but was
exonerated; and (e) if the official is proclaimed as winner and
assumes office but loses in an election protest.

9. Fernando filed an administrative complaint against his co-

teacher, Amelia, claiming that the latter is living with a married
man who is not her husband. Fernando charged Amelia with
committing disgraceful and immoral conduct in violation of
the Revised Administrative Code and, thus, should not be
allowed to remain employed in the government. Amelia,on the
other hand, claims that she and her partner are members of a
religious sect that allows members of the congregation who
have been abandoned by their respective spouses to enter
marital relations under a Declaration ofPledging
Faithfulness. Having made such Declaration, she argues that
she cannot be charged with committing immoral conduct for
she is entitled to free exercise of religion under the
Constitution.

[a] Is Amelia administratively liable? State your reasons

briefly. (2.5%)

[b] Briefly explain the concept ofbenevolent neutrality.

10. Atty. Gail was separated from her husband, Dino, for
more than ten (10) years due to incompatibility. She fell in love
with Mica who was also separated from her husband. She filed
a petition for the declaration of nullity of her marriage with
Dino, and also a petition for the declaration ofnullity ofthe
marriage ofMica with her husband. While the cases were
pending, Atty. Gail and Mica lived in their respective
residences but were often seen together in parties, events and
in public places. Dino filed a disbarment complaint against
Atty. Gail for immorality, alleging that Atty. Gail and Mica are
lovers. Decide whether Atty. Gail should be sanctioned for
immorality.