bar examinations 2013
DESCRIPTION
2013 Bar Exam QuestionsTRANSCRIPT
BAR EXAMINATIONS 2013CIVIL LAW
October 13, 2013 8:00 A.M.-12:00 P.M.
INSTRUCTIONS
1. This Questionnaire contains SIXTEEN (16) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.
There are TEN (10) Essay Questions numbered I to X (with subquestions), and TEN (10) Multiple Choice Questions (MCQs) numbered I to X (with subquestions), to be answered within four (4) hours.
The essay portion contains questions that are worth 80/o of the whole examination, while the MCQ portion contains questions worth 20%.
2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed.
Write your answers only at the front, not the back, page of every sheet in your Examination Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It shouldshow your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers althoueh the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. Yon do not need to re-write or repeat the question in your Examination Notebook.
4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page ofyour essay answers.
There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note that some MCQs may need careful analysis both of the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your Examination Notebookthat can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the examination.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
J. ARTURO D. BRION
Chairman
2013 Bar Examinations
ESSAY QUESTIONS
I.
You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage (under Article 36 of the Family Code) filed by Maria against Neil. Maria claims that Neil is psychologically incapacitated to comply with the essential obligations of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama's boy- traits that she never knew or saw when Neil was courting her. Although summoned, Neil did not answer Maria's petition and never appeared in court.
To support her petition, Maria presented three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr. Chan testified on the psychological report on Neil that she prepared. Since Neil never acknowledged n9r responded to her invitation for interviews, her report is solely based on her interviews with Maria and the spouses' minor children. Dr. Chan concluded that Neil is suffering from Narcissistic Personality Disorder, an ailment that she found to be already present since Neil's early adulthood and one that is grave and incurable. Maria testified on the specific instances when she found Neil drunk, with another woman, or squandering the family's resources in a casino. Ambrosia, the spouses' current household help, corroborated Maria's testimony.
On the basis of the evidence presented, will you grant the petition? (8%,)
II.
A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault. Based on the police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast clip from the bicycle's left, could not brake in time and hit the bicycle's rear wheel, toppling it and throwing the bicycle rider into the sidewalk 5 meters away.
The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the concrete side walk. He was hospitalized and was subsequently operated on, rendering him immobile for 3 weeks and requiring physical rehabilitation for another 3 months. In his complaint for damages, the rider prayed for the award of Pl,OOO,OOO actual damages, P200,000 moral damages, P200,000 exemplary damages, Pl 00,000 nominal damages and P50,000 attorney's fees.
Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence (documentary and testimonial) and legal arguments will you present in court to justify the damages that your client claims? (8/o)
III.
Sergio is the registered owner of a 500-square meter land. His friend, Marcelo, who has long been interested in the property, succeeded in persuading Sergio to sell it to him. On June 2, 2012, they agreed on the purchase price of P600,000 and that Sergio would give Marcelo up to June 30, 2012 within which to raise the amount. Marcelo, in a light tone usual between them, said that they should seal their agreement through a case of Jack Daniels Black and P5,000 "pulutan" money which he immediately handed to Sergio and which the latter accepted. The friends then sat down and drank the first bottle from the case of bourbon.
On June 15, 2013, Sergio learned of another buyer, Roberto, who was offering P800,000 in ready cash for the land. When Roberto confirmed that he could pay in cash as soon as Sergio could get the documentation ready, Sergio decided to withdraw his offer to Marcelo, hoping to just explain matters to his friend. Marcelo, however, objected when the withdrawal was communicated to him, taking the position that they have a firm and binding agreement that Sergio cannot simply walk away from because he has an option to buy that is duly supported by a duly accepted valuable consideration.
(A) Does Marcelo have a cause of action against Sergio? (5/o)
(B) Can Sergio claim that whatever they might have agreed upon cannot be enforced because any agreement relating to the sale of
real property must be supported by evidence in writing and they never reduced their agreement to writing? (3/o)
IV.
Anselmo is the registered owner of a land and a house that his friend Boboy occupied for a nominal rental and on the condition that Boboy would vacate the property on demand. With Anselmo's knowledge, Boboy introduced renovations consisting of an additional bedroom, a covered veranda, and a concrete block fence, at his own expense.
Subsequently, Anselmo needed the property as his residence and thus asked Boboy to vacate and tum it over to him. Boboy, despite an extension, failed to vacate the property, forcing Anselmo to send him a written demand to vacate.
In his own written reply, Boboy signified that he was ready to leave but Anselmo must first reimburse him the value of the improvements he introduced on the property as he is a builder in good faith. Anselmo refused, insisting that Boboy cannot ask for reimbursement as he is a mere lessee. Boboy responded by removing the improvements and leaving the building in its original state.
(A) Resolve Boboy's claim that as a builder in good faith, he should be reimbursed the value of the improvements he introduced. (4/o)
(B) Can Boboy be held liable for damages for removmg the improvements over Anselmo's objection? (4/o)
v.
Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter, Jennifer. The deed specifically provides that:
"For and in consideration of the love and service Jennifer has shown and given to me, I hereby freely, voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No. 11550, located in San Fernando, Pampanga. This donation shall take effect upon my death. "
The deed also contained Jennifer's signed acceptance, and an attached notarized declaration by Josefa and Jennifer that the land will remain in Josefa's possession and cannot be alienated, encumbered, sold or disposed of while Jose fa is still alive.
Advise .Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons supporting your advice. (8/o)
VI.
Lito obtained a loan of Pl,OOO,OOO from Ferdie, payable within one year. To secure payment, Lito executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter piece of property.
(A) Would it be legally significant - from the point of view of validity and enforceability - if the loan and the mortgages were in public or private instruments? (6/o)
(B) Lito's failure to pay led to the extra-judicial foreclosure of the mortgaged real property. Within a year from foreclosure, Lito tendered a manager's check to Ferdie to redeem the property. Ferdie refused to accept payment on the ground that he wanted payment in cash: the check does not qualify as legal tender and does not include the interest payment.
Is Ferdie's refusal justified? (4/o)
VII.
In 2005, Andres built a residential house on a lot whose only access to the national highway was a pathway crossing Branda's property. Andres and others have been using this pathway (pathway A) since 1980.
In 2006, Branda fenced off his property, thereby blocking Andres' access to the national highway. Andres demanded that part of the fence be removed to maintain his old access route to the highway (pathway A), but Branda refused, claiming that there was another available pathway (pathway B) for ingress and egress to the highway. Andres countered that pathway B has defects, is circuitous, and is extremely inconvenient to use.
To settle their dispute, Andres and Branda hired Damian, a geodetic and civil engineer, to survey and examine the two pathways and the :~urrounding areas, and to determine the shortest and the least prejudicial way through the servient estates. After the survey, the engineer concluded that pathway B is the longer route and will need improv~ments and repairs, but will not significantly affect the use of Branda's property. On the other hand, pathway A that had long been in place, is the shorter route but would significantly affect the use of Branda's property.
In light of the engineer's findings and the circumstances of the case, resolve the parties' right of way dispute. ( 6 /o)
VIII.
Ciriaco Realty Corporation ( CRC) sold to the spouses Del a Cruz a 500-square meter land (Lot A) in Paranaque. The land now has a fair market value of Pl,200,000. CRC likewise sold to the spouses Rodriguez, a 700-square meter land (Lot B) which is adjacent to Lot A. Lot B has a present fair market value of Pl ,500,000.
The spouses Dela Cruz constructed a house on Lot B, relying on the representation of the CRC sales agent that it is the property they purchased. Only upon the completion of their house did the spouses DelaCruz discover that they had built on Lot B owned by the spouses Rodriguez, not on Lot A that they purchased. They spent P 1,000,000 for the house.
As their lawyer, advise the spouses Dela obligations under the given circumstances, options open to them to protect their interests.
Cruz on their rights and and the recourses and
(8/o)
IX.
Rica petitioned for the annulment of her ten-year old marriage to Richard. Richard hired Atty. Cruz to represent him in the proceedings. In payment for Atty. Cruz's acceptance and legal fees, Richard conveyed to Atty. Cruz a parcel of land in Taguig that he recently purchased with his lotto winnings. The transfer documents were duly signed and Atty. Cruz immediately took possession by fencing off the property's entire perimeter.
Desperately needing money to pay for his mounting legal fees and his other needs and despite the transfer to Atty. Cruz, Richard offered the same parcel of land for sale to the spouses Garcia. After inspection of the land, the spouses considered it a good investment and purchased it from Richard. Immediately after the sale, the spouses Garcia commenced the construction of a three-story building over the land, but they were prevented from doing this by Atty. Cruz who claimed he has a better right in light of the prior conveyance in his favor.
Is Atty. Cruz's claim correct? (8/o)
X.
Manuel was born on 12 March 1940 in a 1,000-square meter property where he grew up helping his father, Michael, cultivate the land. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 193 5, but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the c~ncept of an owner and his stay was uncontested by others. He has also conscientiously and continuously paid the realty taxes on the land.
Michael died in 2000 and Manuel - as Michael s only son and heir - now wants to secure and register title to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land and secure its registration in his name.
(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action. (4/o)
(B) What do you have to prove to secure Manuel's objectives and what documentation are necessary? ( 4/o)
MULTIPLE CHOICE QUESTIONS
I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood brothers, Danny, Edward and Floro, all predeceased him. The following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is Pl,200,000.
1.(1) How much do Benny and Bonnie stand to inherit by right of representation? (1 /o)
(A) P200,000
(B) P300,000
(C) P400,000(D) P150,000
(E) None of the above.
1.(2) How much is Dante's share in the net estate? (1 /o)
(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
1.(3) How much is Ernie's share in the net estate ..! (1 /o)
(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.
1.( 4) How much is Felix's share in the net estate? (1 o/o)
(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P 0.
(E) None of the above.
II. A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his share of PI 0,000. When the obligation became due and demandable, C turned out to be insolvent.
Should the share of insolvent debtor C be divided only between the two other remaining debtors, A and B? (1 o/o)
(A) Yes. Remission of D's share carries with it total extinguishment of his obligation to the benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This clearly applies to D.(C) No. The rule is that gratuitous acts should be
restrictively construed, allowing only the least transmission of rights.
(D) No, as the release of the share of one debtor would then increase the burden of the other debtors without their consent.
III. Amador obtained a loan of P300,000 from Basilio payable on March 25, 2012. As security for the payment of his loan, Amador constituted a mortgage on his residential house and lot in Basilio's favor. Cacho, a good friend of Amador, guaranteed and obligated himself to pay Basilio, in case Amador fails to pay his loan at maturity.
III.(l) If Amador fails to pay Basilio his loan on March 25, 2012, can Basilio compel Cacho to pay? (1 /o)
(A) No, Basilio cannot compel Cacho to pay bec~use as guarantor, Cacho can invoke the principle of excussion, i.e., all the assets of Basilio must first be exhausted.
(B) No, Basilio cannot compel Cacho to pay because Basilio has not exhausted the available remedies against Amador.
(C) Yes, Basilio can compel Cacho to pay because the nature of Cacho's undertaking indicates that he has bound himself solidarily with Amador.
(D) Yes, Basilio can compel Cacho who bound himself to unconditionally pay in case Amador fails to pay; thus the benefit of excussion will not apply.
III.(2) If Amador sells his residential house and lot to Diego, can
Basilio foreclose the real estate mortgage? (1 /o)
(A) Yes, Basilio can foreclose the real estate mortgage because real estate mortgage creates a real right that attaches to the property.
(B) Yes, Basilio can foreclose the real estate mortgage. It is binding upon Diego as the mortgage is embodied in a public instrument.
(C) No, Basilio cannot foreclose the real estate mortgage. The sale
confers ownership on the buyer, Diego, who must therefore consent.
(D) No, Basilio cannot foreclose the real estate mortgage. To deprive the new owner of ownership and possession is unjust and inequitable.
IV. Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz delivered the car, Jose brought it to Mitsubishi Cubao for maintenance check up and incurred costs of P8,000. Seeing the car's peeling and faded paint, Jose also had the car repainted for PlO,OOO. Answer the two questions below based on these common facts.
IV.(l) After the bar exams, Cruz asked for the return of his car. Jose said he would return it as soon as Cruz has reimbursed him for the car maintenance and repainting costs of P 18,000.
Is Jose's refusal justified? (1 /o)
(A) No, Jose's refusal is not justified. In this kind of contract, Jose is obliged to pay for all the expenses incurred for the preservation of the thing loaned.
(B) Yes, Jose's refusal is justified. He is obliged to pay for all the ordinary and extraordinary expenses, but subject to reimbursement from Cruz.
(C) Yes, Jose's refusal is justified. The principle ofunjust enrichment warrants the reimbursement of Jose's expenses.
(D) No, Jose's refusal is not justified. The expenses he incurred are useful for the preservation of the thing loaned. It is Jose's obligation to shoulder these useful expenses.
IV.(2) During the bar exam month, Jose lent the car to his girlfriend, Jolie, who parked the car at the Mall of Asia's open parking lot, with the ignition key inside the car. Car thieves broke into and took the car.
Is Jose liable to Cruz for the loss of the car due to Jolie's negligence? (1 /o)
(A) No, Jose is not liable to Cruz as the loss was not due to his fault or negligence.
(B) No, Jose is not liable to Cruz. In the absence of any
1 1
prohibition, Jose could lend the car to Jolie. Since the loss was due to force majeure, neither Jose nor Jolie is liable.
(C) Yes, Jose is liable to Cruz. Since Jose lent the car to Jolie without Cruz's consent, Jose must bear the consequent loss of the car.
(D) Yes, Jose is liable to Cruz. The contract between them is personal in nature. Jose can neither lend nor lease the car to a third person.
V. In 2005, L, M, N, 0 and P formed a partnership. L, M and N were capitalist partners who contributed P500,000 each, while 0, a limited partner, contributed P1 ,000,000. P joined as an industrial partner,
contributing only his services. The Articles of Partnership, registered with the Securities and Exchange Commission, designated L and 0 as managing partners; L was liable only to the extent of his capital contribution; and P was not liable for losses.
In 2006, the partnership earned a net profit of P800,000. In the same year, P engaged in a different business with the consent of all the partners. However, in 2007, the partnership incurred a net loss of PSOO,OOO. In 2008, the partners dissolved the partnership. The proceeds of the sale of partnership assets were insufficient to settle its obligation. After liquidation, the partnership had an unpaid liability ofP300,000.
V.(l) Assuming that the just and equitable share of the industrial partner, P, in the profit in 2006 amounted to P1 00,000, how much is the share of 0, a limited partner, in the P800,000 net profit? (1 /o)
(A) P160,000.
(B) P175,000.
(C) P280,000.
(D) P200,000.
(E) None of the above.
V.(2) In 2007, how much is the share of 0, a limited partner, in the net loss of P500,000? (1 /o)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
(E) None of the above.
V.(3) Can the partnership creditors hold L, 0 and Pliable after all the assets of the partnership are exhausted? (1 /o)
(A) Yes. The stipulation exempting P from losses is valid only among the partners. L is liable because the agreement limiting his liability to his capital contribution is not valid insofar as the creditors are concerned. Having taken part in the
management of the partnership, 0 is liable as capitalist partner.
(B) No. P is not liable because there is a valid stipulation exempting him from losses. Since the other partners allowed him to engage in an outside business activity, the stipulation
absolving P from liability is valid. For 0, it is basic that a limited partner is liable only up to the extent of his capital contribution.
(C) Yes. The stipulations exempting P and L from losses are not binding upon the creditors. 0 is likewise liable because the partnership was not formed in accordance with the requirements of a limited partnership.
(D) No. The Civil Code allows the partners to stipulate that a partner shall not be liable for losses. The registration of the Articles of Partnership embodying such stipulations serves as constructive notice to the partnership creditors.
(E) None of the above is completely accurate.
VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to Homer for delivery within a month, although the period for delivery was not guaranteed. Despite Gary's efforts ~o deliver on time, transportation problems and government red tape hindered his efforts and he could only deliver after 30 days. Homer refused to accept the late delivery and to pay on the ground that the agreed term had not been complied with.
As lending investor, Gary granted a Pl,OOO,OOO loan to Isaac to be paid within two years from execution of the contract. As security for the loan, Isaac promised to deliver to Gary his Toyota Innova within seven (7) days, but Isaac failed to do so. Gary was thus compelled to demand payment for the loan before the end of the agreed two-year term.
VI.(l) Was Homer justified in refusing to accept the tobacco leaves? (1 /o)
(A) Yes. Homer was justified in refusing to accept the tobacco leaves. The delivery was to be made within a month. Gary's promise of delivery on a "best effort" basis made the delivery uncertain. The term, therefore, was ambiguous.
(B) No. Homer was not justified in refusing to accept the tobacco leaves. He consented to the terms and conditions of the sale and must abide by it. Obligations arising from contract have the force of law between the contracting parties.
(C) Yes. Homer was justified in his refusal to accept the delivery. The contract contemplates an obligation with a term. Since the delivery was made after 30 days, contrary to the terms agreed upon, Gary could not insist that Homer accept the tobacco leaves.
(D) No. Homer was not justified in refusing to accept the tobacco leaves. There was no term in the contract but a mixed condition. The fulfillment of the condition did not depend purely on Gary's will but on other factors, e.g., the shipping company and the government. Homer should comply with his obligation.
VI~(2) Can Gary compel Isaac to pay his loan even before the end of the two-year period? (1 /o)
(A) Yes, Gary can compel Isaac to immediately pay the loan. Non-compliance with the promised guaranty or security renders the obligation immediately demandable. Isaac lost his right to make use of the period.
(B) Yes, Gary can compel Isaac to immediately pay the loan. The delivery of the Toyota Innova is a condition for the loan. Isaac's failure to deliver the car violated the condition upon which the loan was granted. It is but fair for Gary to demand immediate payment.
(C) No, Gary cannot compel Isaac to immediately pay the loan. The delivery of the car as security for the loan is an accessory contract; the principal contract is still the P 1,000,000 loan. Thus, Isaac can still make use of the period.
(D) No, Gary cannot compel Isaac to immediately pay the loan. Equity dictates that Gary should have granted a reasonable extension of time for Isaac to deliver his Toyota Innova. It would be unfair and burdensome for Isaac to pay the
P 1,000,000 simply because the promised security was not delivered.
VII.
Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was the co-pilot of the airline's Flight MA916 that mysteriously disappeared two hours after take-off from Agana, Guam, presumably over the Pacific Ocean. No trace of the plane and its 105 passengers and crew was ever found despite diligent search; Lito himself was never heard of again. Lito left behind his wife, Lita, and their two children.
In 2008, Lita met and and married Jaime. They now have a child of their own.
While on a tour with her former high school classmates in a remote province of China in 2010, Lita was surprised to see Lito or somebody who
14
looked exactly like him, but she was sure it was Lito because of the extreme surprise that registered in his face when he also saw her. Shocked, she immediately fled to her hotel and post haste returned to the country the next day. Lita now comes to you for legal advice. She asks you the following questions:
VII(l) If Lito is alive, what is the status of his marriage to Lita?
(1 /o)
(A) The marriage subsists because the marital bond has not been terminated by death.
(B) The marriage was terminated when Lita married Jaime.
(C) The marriage subsists because Lita's marriage to Jaime is void.
(D) The marriage is terminated because Lito is presumed dead after his plane has been missing for more than 4 years.
(E) The marriage can be formally declared terminated if Lito would not resurface.
VII(2) If Lito is alive, what is the status of Lita's marriage to Jaime? (1 /o)
(A) The marriage is valid because Lita's marrtage to Lito was terminated upon Lito's disappearance for more than seven years.
(B) The marriage is valid. After an absence of more than 10 years, Lito is already presumed dead for all purposes.
(C) The marriage is void. Lito's mere absence, however lengthy, is insufficient to authorize Lita to contract a subsequent marriage.
(D) The marriage is void. If Lito is indeed alive, his marriage to Lita was never dissolved and they can resume their marital relations at any time.
VIII.
Which of the following actions or defenses are meritorious: (1 /o)
(A) An action for recovery of downpayment paid under a rescinded oral sale of real property.
(B) A defense in an action for ejectment that the lessor verbally promised to extend or renew the lease.
(C) An action for payment of sum of money filed against one who orally promised to answer another's debt in case the latter defaults.
(D) A defense in an action for damages that the debtor has sufficient, but unliquidated assets to satisfy the credit acquired when it becomes due.
(E) None of the above.
IX.
Betty entrusted to her agent, Aida, several pieces of jewelry to be sold on commission with the express obligation to turn over to Betty the proceeds of the sale, or to return the jewelries if not sold in a month's time. Instead of selling the jewelries, Aida pawned them with the Tambunting Pawnshop, and used the money for herself. Aida failed to redeem the pawned jewelries and after a month, Betty discovered what Aida had done. Betty brought criminal charges which resulted in Aida's conviction for estafa.
Betty thereafter filed an action against Tambunting Pawnshop for the recovery of the jewelries. Tambunting raised the defense of ownership, additionally arguing that it is duly licensed to engage in the pawnshop and lending business, and that it accepted the mortgage of the jewelry in good faith and in the regular course of its business.
If you were the judge, how will you decide the case? (1 /o)
(A) I will rule in favor of Betty. My ruling is based on the Civil Code provision that one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. Tam bunting's claim of good faith is inconsequential.
(B) I will rule in favor of Betty. Tambunting's claim of good faith pales into insignificance in light of the unlawful deprivation of the jewelries. However, equity dictates that Tambunting must be reimbursed for the pawn value of the jewelries.
(C) I will rule in favor ofTambunting. Its good ~aith takes precedence over the right of Betty to recover the jewelries.
(D) I will rule in favor ofTambunting. Good faith is always presumed. Tambunting's lawful acquisition in the ordinary course ofbusiness coupled with good faith gives it legal right over the jewelries.
X.
Arlene owns a row of apartment houses in Kamuning, Quezon City. She agreed to lease Apartment No. 1 to Janet for a period of 18 months at the rate of P10,000 per month. The lease was not covered by any contract. Janet promptly gave Arlene two (2) months deposit and 18 checks covering the rental payment for 18 months. This show of good faith prompted Arlene to promise Janet that should Arlene decide to sell the property, she would give Janet the right of first refusal.
X.(l) Not long after Janet moved in, she received news that her application for a Master of Laws scholarship at King's College in London had been approved. Since her acceptance of the scholarship entailed a transfer of residence, Janet asked Arlene to return the advance rental payments she made. Arlene refused, prompting Janet to file an action to recover the payments. Arlene filed a motion to dismiss, claiming that the lease on which the action is based, is unenforceable.
If you were the judge, would you grant Arlene's motion? (1 o/o)
(A) Yes, I will grant the motion because the lease contract between Arlene and Janet was not in writing, hence, Janet may not enforce any right arising from the same contract.
(B) No, I will not grant the motion because to allow Arlene to retain the advance payments would amount to unjust enrichment.
(C) Yes, I will grant the motion because the action for recovery is premature; Janet should first secure a judicial rescission of the contract of lease.
(D) No. I will not grant the motion because the cause of action does not seek to enforce any right under the contract of lease.
X.(2)Assume that Janet decided not to accept the scholarship and continued leasing Apartment No. 1. Midway through the lease period, Arlene decided to sell Apartment No. 1 to Jun in breach of her promise to Janet to grant her the right of first refusal. Thus, Janet filed an action seeking the recognition of her right of first refusal, the payment of damages for the violation of this right, and the rescission of the sale between Arlene and Jun.
Is Janet's action meritorious? (1 /o)
(A) Yes, under the Civil Code, a promise to buy and sell a determinate thing is reciprocally demandable.
(B) No, the promise to buy and sell a determinate thing was not supported by a consideration.
(C) Yes, Janet's right of first refusal was clearly violated when the property was not offered for sale to her before it was sold to Jun.
(D) No, a right of first refusal involves an interest over real property that must be embodied in a written contract to be enforceable.(E) None of the above.
POLITICAL LAW- BAR EXAM- FINAL- OCT. 6, 2013 1 2013 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
October 6, 2013 8:00A.M.- 12:00 P.M.
INSTRUCTIONS
1. This Questionnaire contains FIFTEEN (15) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.
There are TWELVE (12) Essay Questions numbered I to XII (with subquestions), and TWENTY (20) Multiple Choice Questions (MCQs) numbered I to XX, to be answered within four (4) hours.
The essay portion contains questions that are worth 80% of the whole examination, while the MCQ portion contains questions worth 20%.
2. Read each question very carefully and. write your answers in your Bar Examination Notebook in the same order the questions are posed.
Write your answers only at the front, not the back, page of every sheet in your Examination Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterialfacts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers althou~:h the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Examination Notebook.
4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page ofyour essay answers.
There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note that some MCQs may need careful analysis both of the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Examination Notebook that can serve as an identifying markls (such as names that are not in the given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the examination.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
{},~~J. ARTURO D. BRION
Chairman
2013 Bar Examinations
POLITICAL LAW- BAR EXAM- FINAL- OCT. 6, 2013 3
ESSAY QUESTIONS
I.
In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas Season were seized by agents of the Bureau of Customs. The imported goods were released only on January 10, 2013. A group of importers got together and filed an action for damages before the Regional Trial Court of Manila against the Department of Finance and the Bureau of Customs.
The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie with XYZ Corp. which the Bureau had contracted for the lease of ten (1 0) high powered van cranes but delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It appears that the Bureau, despite demand, did not pay XYZ Corp. the Php 1.0 Million deposit and advance rental required under their contract.
(A) wm the action by the group of importers prosper? (5%)
(B) Can XYZ Corp. sue the Bureau of Customs to collect rentals for the delivered cranes? (5''/o)
n.
While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter's consent, and that an undersecretary should instead be designated as Acting Secretary.
Should the petition be granted? (5%)
III.
A robbery with homicide had taken place and Lito, Badong and Rollie were invited for questioning based on the information furnished by a neighbor that he saw them come out of the victim's house at about the time of the robbery/killing. The police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime.
Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this break and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to serve as the trio's counsel and to advise them about their rights during the investigation.
Badong and Rollie, weakened in spirit by Lito's early admission, likewise admitted their participation. The trio thus signed a joint extra-judicial confession which served as the main evidence against them at their trial. They were convicted based on their confession.
Should the judgment of conviction be affirmed or reversed on appeal? (5%)
IV.
Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and the procedures to be followed.
Is the law constitutional? (6%)
v.
As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the party to initiate the moves to impeach the President because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing harmonious RP-US relations.
Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)
VI.
Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea.
In a petition filed with the Supreme Court, Anak Ti !locos, an association of Ilocano professionals, argued that Republic Act No. 7711 discarded the definition of the Philippine tenitory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into archipelagic waters.
Is the petition meritorious? (6%)
vn.
As he was entering a bar, Arnold - who was holding an unlit cigarette in his right hand - was handed a match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the matchbox contained marijuana, he immediately arrested Arnold and called in the police.
At the police station, the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. Arnold did not contest the guard's statement; he steadfastly remained silent and refused to give any written statement. Later in court, the guard testified and narrated the statements he gave the police over Arnold's counsel's objections. While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up, he himself did not testifY.
The court convicted Arnold, relying largely on his admission of the charge by silence at the police investigation and during trial.
From the constitutional law perspective, was the court correct in its ruling? (6%)
VIII.
Bobby, an incoming third year college student, was denied admission by his university, a premiere educational institution in Manila, after he failed in three (3) major subjects in his sophomore year. The denial of admission was based on the university's rules and admission policies.
Unable to cope with the depression that his non-admission triggered, Bobby committed suicide. His family sued the school for damages, citing the school's grossly unreasonable rules that resulted in the denial of admission. They argued that these rules violated Bobby's human rights and the priority consideration that the Constitution gives to the education of the youth.
You are counsel for the university. Explain your arguments in support of the university's case. (6%)
IX.
Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member of the notorious "Akyat-Condo Gang" that has previously broken into and looted condominium units in the area.
Retired Army Colonel Sangre - who is known as an anti-terrorism fighter who disdained human and constitutional rights and has been nicknamed "terror of Mindanao" - is now the Head of Security of Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of robberies has recently taken place.
On March l, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have relented; he was seen walking into the security office flanked by two security guards. Nobody saw him leave the office afterwards.
Conrad did not go home that night and was never seen again. The following week and after a week-long search, Vannie feared the worst because of Col. Sangre's reputation. She thus reported Conrad's disappearance to the police. When nothing concrete resulted from the police investigation, Vannie - at the advice of counsel - f1led a petition for a writ of amparo to compel Col. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad's disappearance.
(A) Did Vannie's counsel give the correct legal advice? (6%)
(B) If the petition would prosper, can Col. Sangre be held liable and/or responsible for Conrad's disappearance? (6%)
X.
The Ambassador of the Republic of Kafiristan referred to you for handling, the case of the Embassy's Maintenance Agreement with CBM, a private domestic company engaged in maintenance work. The Agreement binds CBM, for a defined fee, to maintain the Embassy's elevators, air-conditioning units and electrical facilities. Section I 0 of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan terminated the Agreement because CBM aliegedly did not comply with their agreed maintenance standards.
CBM contested the tennination and filed a complaint against Kafiristan before the Regional Trial Court of Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that under Section 10 of the Agreement, Kafiristan expressly waives its immunity from suit.
Under these facts, can the Embassy successfully invoke immunity from suit? (6%)
XI.
In her interview before tht~ Judicial and Bar Council (JBC), Commissioner Annie Amorsolo of the National Labor Relations Commission claims that she should be given credit for judicial service because as NLRC Commissioner, she has the rank of a Justice of the Court of Appeals; she adjudicates cases that are appealable to the Court of Appeals; she is assigned car plate No. 10; and she is, by law, entitled to the rank, benefits and privileges of a Court of Appeals Justice.
If you are a member of the JBC, would you give credit to this explanation? (6%)
xn.
In the May 2013 elections, the Allied Workers' Group of the Philippines (A WGP), representing land-based and sea-based workers in the Philippines and overseas, won in the party list congressional elections. Atty. Abling, a labor lawyer, is its nominee.
As part of the party's advocacy and services, Congressman Abling engages in labor counseling, particularly for local workers with claims against their employers and for those who need representation in collective bargaining negotiations with employers. When labor cases arise, A WGP enters its appearance in representation of the workers and the Congressman makes it a point to be there to accompany the workers, although a retained counsel also formally enters his appearance and is invariably there. Congressman Abling largely takes a passive role in the proceedings although he occasionally speaks to supplement the retained counsel's statements. It is otherwise in CBA negotiations where he actively participates.
Management lawyers, feeling that a congressman should not actively participate in cases before labor tribunals and before employers because of the influence a congressman can wield, filed a disbarment case against the Congressman before the Supreme Court for his violation of the Code of Professional Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under the Constitution.
Is the cited ground for disbarment meritorious? (6%)
MULTIPLE CHOICE QUESTIONS
I. The equal protection clause is violated by ____. (1%)
(A) a law prohibiting motorcycles from plying on limited access highways.
(B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the "homeless poor."
(C) a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him.
(D) a law providing higher salaries to teachers in public schools who are "foreign hires."
(E) a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers.
H. Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt, the Bureau of Customs Employees Association composed of 3,000 workers seeks your legal advice on how best to protest what it views to be the President's baseless remarks.
A prudent legal advice is that --- -- ( 1%)
(A) employees can go on mass leave of absence for one week
(B) employees can march and rally at Mendiola every Monday
(C) employees can barricade the gates of the Port of Manila at South Harbor and call for the resignation of the incumbent Commissioner of Customs
(D) employees can wear black arm bands and pins with the word "UNFAIR" inscribed(E) None of the above can legally be done.
HI. Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (I) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast.
Is Republic Act No. 1234 valid? (1 %)
POLITICAL LAW- BAR EXAM- FINAL- OCT. 6, 2013 9
(A) It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.
(B) It is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be corrupted, can run for public office.
(C) It is invalid as the requirement effectively imposes a property qualification to run for public office.
(D) It is invalid as the amount of the surety bond is excessive and unconscionable.
(E) It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers.
IV. What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution? (1 %)
(A) The decision is binding on other countries in similar situations.
(B) The decision is not binding on any country, even the countries that are parties to the case.
(C) The decision is binding only on the parties but only with respect to that particular case.
(D) The decision is not binding on the parties and is only advisory.
(E) The binding effect on the parties depends on their submission agreement.
V. Under the UN Convention on the Law of the Sea, the exclusive
economic zone refers to an area . (l %)
(A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured
(B) that is at least 200 miles but not to exceed 300 miles from the
baselines from which the outer limit of the territorial sea is measured
(C) beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical miles from the baselines from which the outer limit of the territorial sea is measured
(D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which the outer limit of the territorial sea is measured(E) None of the above.
VI. A child born under either the 1973 or the 1987 Constitution, whosefather or mother is a Filipino citizen at the time of his birth, is -----(1%)
(A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth
(B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth
(C) a Filipino citizen no matter where he or she may be born
(D) a Filipino citizen provided the child is born in the Philippines
(E) a Filipino citizen if he or she so elects upon reaching the age of
21
VII. Who has control of the expenditure of public funds? (I%)
(A) The Office of the President through the Department of Budget and Management.
(B) The House of Representatives from where all appropriation bills emanate.
(C) The Senate through its Committee on Finance.
(D) The Congress of the Republic ofthe Philippines.
(E) Both the members of Congress and the President acting jointly, if so provided by the General Appropriations Act.
VIII. May the power of cities to raise revenues be limited by an executive order of the President? ( 1%)
(A) Yes, because local government units are under the administrative control of the President through the Department of Interior and Local Government.
(B) No, because local government units now enjoy full local fiscal autonomy.
(C) No, because only limitations established by Congress can define and limit the powers of local governments.
(D) Yes, because the President has the power and authority to impose reasonable restrictions on the power of cities to raise revenues.(E) Yes, if so provided in a city's charter.
IX. The provision under the Constitution - that any member who took no part, dissented, or inhibited from a decision or resolution must state the
reason for his dissent or non-participation- applies . . (1 %)
(A) only to the Supreme Court
(B) to both the Supreme Court and the Court of Appeals
(C) to the Supreme Court, Court of Appeals and the Sandiganbayan
(D) to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals
(E) to all collegial judicial and quasi-judicial adjudicatory bodies
X. Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodies: (1%)
(A) The Constitution guarantees the COMELEC decisional and
institutional independence similar to that granted to the Judiciary.
(B) All bodies labeled as "independent" by the Constitution enjoy fiscal autonomy as an attribute of their independence.
(C) Not all bodies labeled as "independent" by the Constitution were intended to be independent from the Executive branch of government.
(D) The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as "independent".
(E) The COMELEC, the COA, and the CSC enjoy the same degree of indepenc:!ence.
XI. At the Senate impeachment trial of Justice Pablo P. San Quintin, Hon. Emilio A. Tan, Congressman and Impeachment Panel Manager, wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines, Inc. (SAP!) v. Filipinas Air, et al., G.R. No. 987654, a case that is still pending. The High Court . (1%)
(Af may grant the request by reason of inter-departmental courtesy
(B) may grant the request as the records of the Filipinas Air case are public records
(C) should deny the request since records of cases that are pending for decision are privileged except only for pleadings, orders and resolutions that are available to the public
(D) should deny the request because it violates the Court's independence and the doctrine of separation of powers
(E) should grant the request because of the sui generis nature of the power of impeachment, provided that the Bill of Rights is not violated
XII. Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P50 million against the government. To satisfY the judgment against the government, which valid option is available to Mr. Sinco? ( 1%)
(A) Garnish the government funds deposited at the Land Bank.
(B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree 1445.
(C) Make representations with the Congress to appropriate the amount to satisfy the judgment.
(D) File a petition for mandamus in court to compel Congress to appropriate P50 million to satisfy the judgment.
(E) Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued.
XHI. Which of the following provisions of the Constitution does not confer rights that can be enforced in the courts but only provides guidelines for legislative or executive action? ( l%)
(A) The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
(B) The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
(C) The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.(D) The right of the people to information on matters. of public
concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions,
or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
(E) All the above only provide guidelines and are not self-executing.
XIV. The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries.
Is the challenge correct? (1%)
(A) Yes, the executive agreement is contrary to an existing domestic law.
(B) No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land.
(C) No, international agreements are sui generis and stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.
(E) Yes, the challenge is correct because there is no law empowering the President to undertake the importation.
XV. The separation of Church and State 1s most clearly violated when
------- (1 %)
(A) the State funds a road project whose effect is to make a church more accessible to its adherents
(B) the State declares the birthplace of a founder of a religious sect as a national historical site
(C) the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church's main cathedral
(D) the State gives vehicles to bishops to assist them in church-related charitable projects
(E) the State allows prayers in schools for minor children without securing the prior consent of their parents
XVI. Patricio was elected member of the House of Representative in the May 2010 Elections. His opponent Jose questioned Patricio's victory before the House of Representatives Electoral Tribunal and later with the Supreme Court.
In a decision promulgated in November 2011, the Court ruled in Jose's favor; thus, Patricio was ousted from his seat in Congress. Within a year from that decision, the President can appoint Patricio _____
(1%)
(A) only as a member of the board of directors of any government owned and controlled corporation
(B) only as a deputy Ombudsman
(C) only as a Commissioner of the Civil Service Commission
(D) only as Chairman of the Commission on Elections
(E) to any position as no prohibition applies to Patricio
XVII. Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. The generated incremental revenues shall be used for the universal health care program for all Filipinos and for tobacco farmers' livelihood. After the Senate passed the bill on third reading, it was transmitted to the House of Representatives which approved the bill in toto. The President eventually signed it into law. Atty. JFC filed a petition before the Supreme Court, questioning the constitutionality of the new law.
Is the law constitutional? ( 1%)
(A) The law is constitutional because it is for a public purpose and has duly satisfied the three-readings-on-separate-days rule in both Houses.
(B) The law is unconstitutional because it violates the equal protection clause of the Constitution; it is limited only to alcohol and liquor products.
(C) It is constitutional because of the Enrolled Bill Theory.
(D) It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures.
(E) None of the above is CO!Tect.
XVIII. Which of the following statements is correct? (I%)
(A) The President, with the concurrence of the Monetary Board, can guarantee a foreign loan on behalf of the Republic of the Philippines.
(B) Congress may, by law, provide limitations on the President's power to contract or guarantee foreign loans on behalf of the Republic of the Philippines.
(C) In order to be valid and effective, treaties and executive agreements must be concurred in by at least two-thirds of all the Members of the Senate.
(D) The President shall, at the end of every quarter of the calendar year, submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations.
(E) All the above choices are defective in some respects.
XIX. Candida has been administratively charged of immorality for openly living with Manuel, a married man. Candida argues that her conjugal arrangement with Manuel fully conforms with their religious beliefs and with the teachings of their church.
In resolving whether Candida should be administratively penalized, which is the best test to apply? ( 1%)
(A) Clear and Present Danger Test
(B) Compelling State Interest Test
(C) Balancing ofinterests Test
(D) Conscientious Objector Test
(E) Dangerous Tendency Test
XX. Rafael questioned the qualifications of Carlos as congressman of the Third District of Manila on the ground that Carlos is a citizen of the USA. The decision disqualifying Carlos for being a US citizen came only in March 2010, i.e., after the adjournment of the session of Congress on the 3'd year of the position's three-year term.
What was Carlos' status during his incumbency as congressman?
(1%)
(A) He was a de jure officer, having been duly elected and proclaimed.
(B) He was not a public officer because he effectively was not entitled to be a congressman.
(C) He was a de jure officer since he completed the service of his term before he was disqualified.
(D) He was a de facto officer since he had served and was only disqualified later.
(E) He neither possesses de jure nor de facto status as such determination is pointless.
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