bar examination questionnaire for criminal law 2011.doc

8/14/2019 Bar Examination Questionnaire for Criminal Law 2011.doc

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Bar Examination Questionnaire for Criminal Law2011Set A

(1) Isabel, a housemaid, broke into a pawnshop intent onstealing items of jewelry in it. She found, however, thatthe jewelry were in a locked chest. nable to open it, shetook the chest out of the shop. !hat crime did shecommit"

(#) $obbery in an uninhabited place or in aprivate building

(%) &heft

(') $obbery in an inhabited house or publicbuilding.

( ) ualified theft

(*) &he alternative circumstance of relationship shall + &be considered between

(#) mother-in-law and daughter-in-law.

(%) adopted son and legitimate natural daughter.

(') aunt and nephew.

( ) stepfather and stepson.

( ) #rthur, %en, and 'esar /uarreled with 0len while theywere at the latter s house. 2nraged, #rthur repeatedlystabbed 0len while %en and 'esar pinned his arms. !hataggravating circumstance if any attended the killing of0len"

(#) 2vident premeditation.

(%) +one.

(') #buse of superior strength.

( ) &reachery.

(3) &he presence of a mitigating circumstance in a crime

(#) increases the penalty to its ma4imum period.

(%) changes the gravity of the offense.

(') affects the imposable penalty, depending onother modifying circumstances.

( ) automatically reduces the penalty.

(5) 6e is an accomplice who

(#) agreed to serve as a lookout af ter hiscompanions decided to murder the victim.

(%) watched /uietly as the murderer stabbed hisvictim.

(') helped the murderer find the victim who washiding to avoid detection.

( ) provided no help, when he can, to save thevictim from dying.

(7) 8rinciples of public international law e4empt certainindividuals from the 0enerality characteristic of criminallaw. !ho among the following are + & e4empt from the0enerality rule"

(#) 9inisters $esident

(%) 'ommercial #ttache of a foreign country

(') #mbassador

( ) 'hiefs of 9ission

(:) #s a modifying circumstance, insanity

(#) is in the nature of confession and avoidance.

(%) may be presumed from the offender sprevious behavior.

(') may be mitigating if its presence becomesapparent subse/uent to the commission of thecrime.

( ) e4empts the offender from criminal liabilitywhatever the circumstances.

(;) <eno and 8rimo asked %ert to give them a sketch ofthe location of #ndy s house since they wanted to kill him.%ert agreed and drew them the sketch. <eno and 8rimodrove to the place and killed #ndy. !hat crime did %ertcommit"

(#) #ccomplice to murder, since his cooperationwas minimal.

(%) #ccessory to murder, since his map facilitated

the escape of the two.

(') +one, since he took no step to take part ine4ecuting the crime.

( ) 8rincipal to murder, since he acted inconspiracy with <eno and 8rimo.

(=) # police officer surreptitiously placed a marijuana stickin a student s pocket and then arrested him for possessionof marijuana cigarette. !hat crime can the police officerbe charged with"

(#) +one, as it is a case of entrapment

(%) nlawful arrest

(') Incriminating an innocent person

( ) 'omple4 crime of incriminating an innocentperson with unlawful arrest

(1>) &he police officer in civilian clothes asked ? where hecan buy shabu. ? responded by asking the officer howmuch of the drug he needed. !hen he told him, ? left,returned after a few minutes with the shabu, gave it to theofficer, and took his money. ? is

(#) liable for selling since the police operationwas a valid entrapment.

(%) not liable for selling since the police operationwas an invalid entrapment.



(') liable for selling since the police operationwas a valid form of instigation.

( ) not liable since the police operation was aninvalid instigation.

(11) 8laintiff ? said in his civil complaint for damages thatdefendant @, employing fraud, convinced him to buy adefective vehicle. @ filed a criminal action for libel against? for maliciously imputing fraud on him. !ill the actionprosper if it turns out that the civil complaint for damageswas baseless"

(#) +o, since pleadings filed in court areabsolutely privileged.

(%) +o, since malice is not evident.

(') @es, given the fact that the imputation offraud was baseless.

( ) @es, parties must state the truth in theirpleadings.

(1*) &he ma4im A+ullum crimen nula poena sine legeAmeans that

(#) the act is criminal at the time of itscommission and recogniBed as such at the timeof its commission but the penalty therefor isprescribed in a subse/uently enacted law.

(%) the act is criminal and punished under andpursuant to common law.

(') there is a crime for as long as the act isinherently evil.

( ) crime is a product of the law.

(1 ) ?, a tabloid columnist, wrote an article describing @, apublic official, as stupid, corrupt, and having amassed ill-gotten wealth. ? relied on a source from @Cs own officewho fed him the information. id ? commit libel"

(#) @es, since the article was libelous andinconsistent with good faith and reasonable care.

(%) +o, since ? but made a fair commentary on amatter of public interest.

(') +o, since ? s article constitutes privilegedcommunication.

( ) +o, since he wrote his article under thefreedom enjoyed by the press.

(13) &he husband has for a long time physically andmentally tortured his wife. #fter one episode of beating,the wife took the husband s gun and shot him dead. nderthe circumstances, her act constitutes

(#) mitigating vindication of grave offense.

(%) battered woman syndrome, a complete self-defense.

(') incomplete self-defense.

( ) mitigating passion and obfuscation.

(15) &here is violation of #rt. 17, $8' ( ther forms ofSwindling) where

(#) the owner of property sells a property andsubse/uently rescinds the sale.

(%) the real property subject of the sale does note4ist.

(') the property was mortgaged for a usurious

contract of loan.

( ) the owner disposes of his encumbered realproperty as if it is free from encumbrances.

(17) ?, a police officer, placed a hood on the head of !, asuspected drug pusher, and watched as @ and <, policetrainees, beat up and tortured ! to get his confession. ? isliable as

(#) as accomplice in violation of the #nti-&orture#ct.

(%) a principal in violation of the #nti-&orture #ct.

(') a principal in violation of the #nti-6aBing Daw.

( ) an accomplice in violation of the #nti-6aBingDaw.

(1:) r. 'how, a government doctor, failed to submit hisaily &ime $ecord ( &$) from Eanuary to 9arch *>>> and

did not get approval of his sick leave application for #prilbecause of evidence that he was actually moonlightingelsewhere. &hus, the medical irector caused thewithholding of his salary for the periods in /uestion untilhe submitted his &$s in 9ay *>>>. 'an r. 'howprosecute the medical director for causing him undueinjury in violation of the #nti-0raft and 'orrupt 8ractices#ct"

(#) @es, since the medical irector acted withevident bad faith.

(%) +o, since the medical director has fulldiscretion in releasing the salary of governmentdoctors.

(') @es, since his salary was withheld withoutprior hearing.

( ) +o, since r. 'how brought it upon himself,

having failed to submit the re/uired &$s.

(1;) !hen a penal law is absolutely repealed such that theoffense is decriminaliBed, a pending case charging theaccused of the repealed crime is to be

(#) prosecuted still since the charge was validwhen filed.

(%) dismissed without any precondition.

(') dismissed provided the accused is not ahabitual delin/uent.

( ) prosecuted still since the offended party hasa vested interest in the repealed law.

(1=) In malversation of public funds, the offender s returnof the amount malversed has the following effect



(') 8arricide.

( ) 6omicide.

(*=) ? draws a check upon re/uest of @, the payee, whotold ? that he would merely show the check to his creditorto gain more time to pay his account. &he check bouncedupon presentation by the creditor. nder thecircumstances, who can be prosecuted for estafa based onthe dishonored check"

(#) @ as the one who negotiated the checkcontrary to the agreement

(%) ? as the drawer of the check

(') %oth ? and @ based on conspiracy

( ) +one

( >) #na visited her daughter %elen who worked as'aloy s housemaid. 'aloy was not at home but ebbie, acasual visitor in the house, verbally maligned %elen in#na s presence. Irked, #na assaulted ebbie. nder the

circumstances, dwelling is + & regarded as aggravatingbecause

(#) welling did nothing to provoke #na intoassaulting ebbie.

(%) 'aloy, the owner of the house, was notpresent.

(') ebbie is not a dweller of the house.

( ) %elen, whom ebbie maligned, also dwells inthe house.

( 1) It is a matter of judicial knowledge that certainindividuals will kill others or commit serious offenses forno reason at all. For this reason,

(#) lack of motive can result in conviction wherethe crime and the accusedCs part in it are shown.

(%) motive is material only where there is noevidence of criminal intent.

(') lack of motive precludes conviction.

( ) the motive of an offender is absolutely

immaterial.

( *) 9inority is a privileged mitigating circumstance whichoperates to reduce the penalty by a degree where thechild is

(#) 15 years and below acting withoutdiscernment.

(%) above 15 years but below 1; acting withoutdiscernment.

(') below 1; years acting with discernment.

( ) 1; years old at the time of the commission ofthe crime acting with discernment.

( ) &he crime of robbery in an inhabited house or publicbuilding is mitigated when the offenders

(#) entered the house using false keys.

(%) although armed did not fire their weapons.

(') entered through a window without breakingit.

( ) although armed took property valued at only8*>>.

( 3) # private person who assists the escape of a personwho committed robbery shall be liable

(#) as a principal to the crime of robbery.

(%) as an accessory to the crime of robbery.

(') as a principal to the crime of obstruction of justice.

( ) as an accessory to the crime of obstruction of justice.

( 5) !hich among the following circumstances do + &/ualify the crime of kidnapping"

(#) &he victim is killed as a conse/uence of thedetention.

(%) &he offender is a public officer.

(') $ansom is demanded.

( ) &he victim is raped.

( 7) $emoving, concealing or destroying documents to

defraud another constitutes the crime of estafa ifcommitted by

(#) any public officer.

(%) a public officer officially entrusted with thedocument.

(') private individuals who e4ecuted the same.

( ) private individuals.

( :) agami concealed %ugna s body and the fact that hekilled him by setting %ugna s house on fire. !hat crime orcrimes did agami commit"

(#) 9urder, the arson being absorbed already

(%) Separate crimes of murder and arson

(') #rson, the homicide being absorbed already

( ) #rson with murder as a compound crime

( ;) Sam wrote a letter to his friends stating that Eudgedon loves obscene magaBines and keeps these in his

desk. 'harged with libel, can Sam present proof that Eudge

don indeed loves obscene magaBines and keeps these inhis desk"

(#) +o, since the imputation is not related to theduties of a judge.



(%) +o, since Sam does not impute a crime to Eudge don.

(') +o, since Sam imputes the commission of acrime to Eudge don.

( ) @es, since truth can be a valid defense inlibel.

( =) ?, without intent to kill, aimed his gun at < and fired

it, hitting the latter who died as a conse/uence. nder thecircumstances

(#) ? cannot plead praetor intentionem since theintent to kill is presumed from the killing of thevictim.

(%) ? may plead praetor intentionem since heintended only to scare, not kill <.

(') ? may plead aberratio ictus as he had nointention to hit <.

( ) ? may plead commission of only ischarge of

Firearm as he had no intent to kill < when hefired his gun.

(3>) !hich of the following statements constitute Incitingto Sedition"

(#) tterance of statements irritating orobno4ious to the ears of the police officers.

(%) Speeches e4tolling communism and urgingthe people to hold a national strike and paralyBecommerce and trade.

(') Deaders of jeepney and bus associations

shouting A%ukas tuloy ang welga hanggang samagkagulo naGA

( ) Speeches calling for resignation of highgovernment officials.

(31) 'ulpa can either be a crime by itself or a mode ofcommitting a crime. 'ulpa is a crime by itself in

(#) reckless imprudence resulting in murder.

(%) medical malpractice.

(') serious physical Injuries thru recklessimprudence.

( ) comple4 crime of reckless imprudenceresulting in serious physical injuries.

(3*) &he mitigating circumstance of immediate vindicationof a grave offense cannot be appreciated in a case where

(#) Following the killing of his adopted brother, 8went to the place where it happened and killed Swhom he found there.

(%) ? kills @ who attempted to rape ? s wife.

(') 8 severely maltreats S, a septuagenarian,prompting the latter to kill him.

( ) 9 killed $ who slandered his wife.

(3 ) &o save himself from crashing into an unlighted truckabandoned on the road, Eose swerved his car to the righttowards the graveled shoulder, killing two bystanders. Ishe entitled to the justifying circumstance of state ofnecessity"

(#) +o, because the bystanders had nothing to dowith the abandoned truck on the road.

(%) +o, because the injury done is greater thanthe evil to be avoided.

(') @es, since the instinct of self-preservationtakes priority in an emergency.

( ) @es, since the bystanders should have keptoff the shoulder of the road.

(33) &he accused was shocked to discover his wife andtheir driver sleeping in the master s bedroom. utraged,the accused got his gun and killed both. 'an the accusedclaim that he killed the two under e4ceptionalcircumstances"

(#) +o, since the accused had time to reflectwhen he got his gun.

(%) +o, since the accused did not catch themwhile having se4ual intercourse.

(') @es, since the wife and their driverdesecrated the marital bed.

( ) @es, since the scene shows that they had anintimate relationship.

(35) &he three accused forcibly took their victim from hiscar but the latter succeeded in freeing himself from theirgrip. !hat crime did the three accused commit"

(#) forcible abduction.

(%) frustrated kidnapping.

(') attempted kidnapping.

( ) grave coercion.

(37) eeply enraged by his wife s infidelity, the husbandshot and killed her lover. &he husband subse/uentlysurrendered to the police. 6ow will the court appreciatethe mitigating circumstances of (i) passion or obfuscation,(ii) vindication of a grave offense, and (iii) voluntarysurrender that the husband invoked and proved"

(#) It will appreciate passion or obfuscation andvoluntary surrender as one mitigatingcircumstance and vindication of a grave offenseas another.

(%) It will appreciate all three mitigatingcircumstances separately.

(') It will appreciate the three mitigatingcircumstances only as one.

( ) It will appreciate passion or obfuscation andvindication of a grave offense as just onemitigating circumstance and voluntary surrenderas another.



(3:) &he aggravating circumstance of uninhabited place isaggravating in murder committed

(#) on a banca far out at sea.

(%) in a house located in cul de sac.

(') in a dark alley in &ondo.

( ) in a partly occupied condominium building.

(3;) &he penalty of perpetual or temporary specialdis/ualification for the e4ercise of the right of suffragedoes + & deprive the offender of the right

(#) to be elected to a public office.

(%) to vote in any popular election for a publicoffice.

(') to vote in a plebiscite.

( ) to hold any public office.

(3=) !ithout meaning anything, < happened to stare intothe eye of one of four men hanging out by a store whichhe passed. &aking offense, the four mauled and robbedhim of his wages. < went home, took a knife, and stabbedone of his attackers to death. 'harged with murder, < mayraise the mitigating circumstance of

(#) praeter intentionem.

(%) incomplete self-defense preceded by undueprovocation.

(') passion or obfuscation.

( ) complete self-defense.

(5>) # public officer who immediately returns the bribemoney handed over to him commits

(#) no crime.

(%) attempted bribery.

(') consummated bribery.

( ) frustrated bribery.

(51) irect bribery is a crime involving moral turpitude.From which of the following elements of direct bribery canmoral turpitude be inferred"

(#) &he offender receives a gift by himself orthrough another.

(%) &he offender is a public officer.

(') &he offender takes a gift with a view tocommitting a crime in e4change.

( ) &he act which the offender agrees to performor which he e4ecutes is connected with hisofficial duties.

(5*) Insuperable cause is an e4empting circumstancewhich may be applied to

(#) robbery.

(%) misprision of treason.

(') homicide.

( ) rebellion.

(5 ) !hich of the following crimes is an e4ception to the &erritoriality $ule in 'riminal law"

(#) Hiolation of the &rademark Daw committed byan alien in the 8hilippines.

(%) Forgery of S bank notes committed in the8hilippines.

(') 'rime committed by a Filipino in the disputedSpratlyCs Island.

( ) 8lunder committed at his place of assignmentabroad by a 8hilippine public officer.

(53) ?, @ and < agreed among themselves to attack andkill #, a police officer, but they left their home-made gunsin their vehicle before approaching him. !hat crime havethey committed"

(#) 'onspiracy to commit indirect assault.

(%) #ttempted direct assault.

(') 'onspiracy to commit direct assault.

( ) Illegal possession of firearms.

(55) n hearing a hospital ward patient on the ne4t bed,shrieking in pain and begging to die, 9ona shut off theo4ygen that was sustaining the patient, resulting in hisdeath. !hat crime if any did 9ona commit"

(#) 6omicide.

(%) 9urder if she deliberated on her action.

(') 0iving #ssistance to Suicide.

( ) 2uthanasia.

(57) !hen committed outside the 8hilippine territory, ourcourts + & have jurisdiction over the crime of

(#) treason.

(%) piracy.

(') espionage.

( ) rebellion.

(5:) 9otive is generally I99#&2$I#D in determiningcriminal liability 2?'28& when

(#) several offenders committed the crime butthe court wants to ascertain which of them actedas leader.

(%) the evidence of the crime consists of bothdirect and circumstantial evidence.



(') ascertaining the degree of penalty that maybe imposed on the offender.

( ) the evidence of guilt of the accused iscircumstantial.

(5;) !hich of the following circumstances of dishonor of acheck can be a basis for prosecution under the bouncingchecks law"

(#) &he check was returned unpaid with stampAstop payment,A although the drawer s depositwas sufficient.

(%) &he check, drawn and issued in the8hilippines, was dishonored by the drawee bankin a foreign country.

(') &he check was presented to the bank forpayment 7 months after the date of issue.

( ) &he drawer of the dishonored check paid itsvalue within 5 days from notice of dishonor.

(5=) ? and his step-father have a long-standing enmity.ne day, irked by an argument with his step-father, ?

smashed the windshield of his step-father s brand new#udi sports car. ? is liable for

(#) malicious mischief.

(%) malicious mischief with the alternativemitigating circumstance of relationship.

(') malicious mischief with the alternativeaggravating circumstance of relationship.

( ) $I06& #+S!2$ the civil damage he caused.

(7>) &he classification of felonies into grave, less grave,and light is important in ascertaining

(#) if certain crimes committed on the sameoccasion can be comple4ed.

(%) the correct penalty for crimes committedthrough reckless imprudence.

(') whether the offender is liable as anaccomplice.

( ) what stage of the felony has been reached.

(71) # child in conflict with the law shall enjoy all therights of a child until

(#) he is found to have acted with discernment.

(%) his minority is setoff by some aggravatingcircumstance.

(') he is proved to be 1; years or older.

( ) he forfeits such rights by gross misconductand immorality.

(7*) 9r. 8 owns a boarding house where he knowinglyallowed children to be videotaped while simulating e4plicitse4ual activities. !hat is 9r. 8Cs criminal liability, if any"

(#) 'orruption of minors under the 8enal 'ode

(%) Hiolation of the 'hild 8ornography #ct

(') Hiolation of the 'hild #buse Daw

( ) +one

(7 ) ! allowed a man to have se4 with her thinking thathe was her husband. #fter realiBing that the man was nother husband, ! stabbed him to death. nder thecircumstances, the mitigating circumstance in attendance

constitutes

(#) defense of honor.

(%) immediate vindication of a grave offense.

(') passion or obfuscation.

( ) self-defense.

(73) &he prescriptive period for bigamy is 15 yearscounted from the date of the

(#) discovery of the second marriage by theoffended spouse.

(%) registration of the second marriage in theDocal 'ivil $egistry.

(') celebration or solemniBation of the secondmarriage.

( ) discovery of the second marriage by theauthorities.

(75) #fter properly waiving his 9iranda rights, theoffender led the police to where he buried the gun heused in shooting the victim. 6ow does this affect hisliability"

(#) &his serves as an analogous mitigatingcircumstance of voluntary surrender.

(%) It has no effect at all since the law providesnone.

(') 6e is considered to have confessed tomurder.

( ) &his serves as aggravating circumstance ofconcealment of weapon.

(77) # /ualifying aggravating circumstance

(#) changes the description and the nature of theoffense.

(%) increases the penalty to its ne4t degree butabsorbs all the other aggravating circumstances.

(') raises the penalty by two periods higher.

( ) is one which applies only in conjunction withanother aggravating circumstance.

(7:) ? inflicted serious injuries on @. %ecause of delay inproviding medical treatment to @, he died. Is ? criminallyliable for the death of @"



(#) +o, since it will put the predecessor at therisk of harm from a tempted buyer, contrary topublic policy.

(%) @es, since the death of the decedent iscertain to occur.

(') +o, since the seller owns no inheritance whilehis predecessor lives.

( ) @es, but on the condition that the amount ofthe inheritance can only be ascertained after theobligations of the estate have been paid.

(3) pon the proposal of a third person, a new debtorsubstituted the original debtor without the latter sconsent. &he creditor accepted the substitution. Dater,however, the new debtor became insolvent and defaultedin his obligation. !hat is the effect of the new debtor sdefault upon the original debtor"

(#) &he original debtor is freed of liability sincenovation took place and this relieved him of hisobligation.

(%) &he original debtor shall pay or perform theobligation with recourse to the new debtor.

(') &he original debtor remains liable since hegave no consent to the substitution.

( ) &he original debtor shall pay or perform 5>of the obligation to avoid unjust enrichment onhis part.

(5) Dennie bought a business class ticket from #lta#irlines. #s she checked in, the manager downgraded herto economy on the ground that a 'ongressman had to beaccommodated in the business class. Dennie suffered the

discomfort and embarrassment of the downgrade. Shesued the airlines for /uasi-delict but #lta #irlinescountered that, since her travel was governed by acontract between them, no /uasi-delict could arise. Is theairline correct"

(#) +o, the breach of contract may in fact betortious as when it is tainted as in this case witharbitrariness, gross bad faith, and malice.

(%) +o, denying Dennie the comfort and amenitiesof the business class as provided in the ticket is atortious act.

(') @es, since the facts show a breach ofcontract, not a /uasi-delict.

( ) @es, since /uasi-delict presupposes theabsence of a pre-e4isting contractual relationbetween the parties.

(7) !hich of the following is an indispensable re/uirementin an action for A/uieting of titleA involving real property"

&he plaintiff must

(#) be in actual possession of the property.

(%) be the registered owner of the property.

(') have legal or e/uitable title to the property.

( ) be the beneficial owner of the property.

(:) ? and @ were to marry in months. 9eantime, toe4press his affection, ? donated a house and lot to @,which donation ? wrote in a letter to @. @ wrote back,accepting the donation and took possession of theproperty. %efore the wedding, however, @ suddenly died ofheart attack. 'an @ s heirs get the property"

(#) +o, since the marriage did not take place.

(%) @es, since all the re/uisites of a donation ofan immovable are present.

(') +o, since the donation and its acceptance arenot in a public instrument.

( ) @es, since ? freely donated the property to @who became its owner.

(;) $ene and Dily got married after a brief courtship. #fterone month, Dily discovered that while $ene presentedhimself as a macho man he was actually gay. 6e wouldnot go to bed with her. 6e kept obscene magaBines ofnude men and always sought the company of handsomeboys. !hat legal remedy does Dily have"

(#) She can file an action for annulment ofmarriage on ground of fraud.

(%) She can seek a declaration of nullity of themarriage based on $ene s psychologicalincapacity.

(') She can go abroad and file for divorce in acountry that can grant it.

( ) She has none since she had the opportunityto e4amine the goods and freely entered into themarriage.

(=) Ducio e4ecuted a simple deed of donation of 85>million on time deposit with a bank in favor of #, %, ', ,and 2, without indicating the share of each donee. #ll thedonees accepted the donation in writing. #, one of thedonees, died. !ill %, ', , and 2 get # s share in themoney"

(#) @es, accretion will automatically apply to the joint-donees in e/ual shares.

(%) @es, since the donor s intention is to give thewhole of 85> million to the jointdonees in e/ualshares.

(') +o, #As share will revert to the donor becauseaccretion applies only if the joint-donees arespouses.

( ) +o, # s share goes to his heirs since thedonation did not provide for reversion to donor.

(1>) $aul, 2ster, and $ufus inherited a 1>-hectare landfrom their father. %efore the land could be partitioned,however, $aul sold his hereditary right to $affy, a strangerto the family, for 85 million. o 2ster and $ufus have aremedy for keeping the land within their family"

(#) @es, they may be subrogated to $affy s right

by reimbursing to him within the re/uired timewhat he paid $aul.

(%) @es, they may be subrogated to $affy s rightprovided they buy him out before he registersthe sale.



(') +o, they can be subrogated to $affy s rightonly with his conformity.

( ) +o, since there was no impediment to $aulselling his inheritance to a stranger.

(11) !hen one e4ercises a right recogniBed by law,knowing that he thereby causes an injustice to another,the latter is entitled to recover damages. &his is known asthe principle of

(#) res ipsa lo/uitur.

(%) damnum abs/ue injuria.

(') vicarious liability.

( ) abuse of rights.

(1*) !hich of the following is + & a basis for rendering adisinheritance defective or imperfect"

(#) Its cause comes from the guilt of a spouse ina legal separation case, the innocent-spousehaving died.

(%) &he truth of its cause is denied and notsufficiently proved by evidence.

(') Its cause is not authoriBed by the law.

( ) Its cause is not specified.

(1 ) 9anuel came to 9anila and married 9arianne.nknown to 9arianne, 9anuel had been previously

convicted in 8alawan of theft and served time for it. #fter9arianne learned of his previous conviction, she stoppedliving with him. 'an 9arianne seek the annulment of themarriage based on 9anuel s nondisclosure of his previouscrime"

(#) +o, since the assumption is that marriageforgives all past wrongs.

(%) @es, since the non-disclosure of that crime isthe e/uivalent of fraud, which is a ground forannulment.

(') +o, in case of doubt, the law must beconstrued to preserve the institution of marriage.

( ) +o, since 9anuel already served the penaltyfor his crime.

(13) #rthur and 6elen, both Filipinos, got married and had* children. #rthur later worked in $ome where he ac/uiredItalian citiBenship. 6e got a divorce from 6elen in $omebut, on returning to the 8hilippines, he realiBed hismistake, asked forgiveness of his wife, and resumed livingwith her. &hey had * more children. !hat is the status oftheir 3 children"

(#) &he children born before the divorce arelegitimate but those born after it are not since#rthur got the divorce when he had ceased to bea Filipino.

(%) &he divorce rendered illegitimate the childrenborn before it since the marriage that begot themhad been nullified.

(') &he children born before and after the divorceare all legitimate since 8hilippine law does notrecogniBe divorce.

( ) #ll the children are legitimate since they wereborn of the same father and mother.

(15) !ho can make a donation"

(#) #ll persons who can enter into contracts and

dispose of their property.

(%) #ll persons who are of legal age and sufferfrom no civil interdiction.

(') #ll persons who can make a last will andtestament.

( ) #ll persons, whether natural or artificial, whoown property.

(17) &he liability of the partners, including industrialpartners for partnership contracts entered into in its nameand for its account, when all partnership assets have been

e4hausted is

(#) 8ro-rata.

(%) Eoint.

(') Solidary.

( ) Holuntary.

(1:) !hen can a missing person who left someone toadminister his property be declared an absentee by thecourt" !hen he has been missing for

(#) * years from the receipt of the last newsabout him.

(%) : years from the receipt of the last newsabout him.

(') 1> years from the receipt of the last newsabout him.

( ) 5 years from the receipt of the last newsabout him.

(1;) !hich of the following claims against the debtorenjoys preference over the others with respect to hisspecific immovable property and real rights"

(#) npaid price of real property sold, upon theimmovable property.

(%) 9ortgage credits recorded in the registry ofproperty, upon the mortgaged real estate.

(') &a4es due, upon the land or building.

( ) 24penses for the preservation andimprovement of property, when the lawauthoriBes reimbursement, upon the preserved orimproved immovable.

(1=) !hen bilateral contracts are vitiated with vices ofconsent, they are rendered

(#) rescissible.



(%) void.

(') unenforceable.

( ) voidable.

(*>) #n agent, authoriBed by a special power of attorneyto sell a land belonging to the principal succeeded inselling the same to a buyer according to the instructionsgiven the agent. &he agent e4ecuted the deed of absolute

sale on behalf of his principal two days after the principaldied, an event that neither the agent nor the buyer knewat the time of the sale. !hat is the standing of the sale"

(#) Hoidable.

(%) Halid.

(') Hoid.

( ) nenforceable.

(*1) Spouses # and % leased a piece of land belonging to%Cs parents for *5 years. &he spouses built their house onit worth 8 >>,>>>.>>. Subse/uently, in a case that ' filedagainst # and %, the court found the latter liable to ' for8*>>,>>>.>>. !hen the sheriff was attaching their housefor the satisfaction of the judgment, # and % claimed thatit was e4empt from e4ecution, being a family home. Is thisclaim correct"

(#) @es, because while % s parents own the land,they agreed to have their daughter build herfamily home on it.

(%) +o, because there is no judicial declarationthat it is a family home.

(') +o, since the land does not belong to # and %,it cannot /ualify as a family home.

( ) @es, because the # and % s family actuallylives in that house.

(**) Solomon sold his coconut plantation to #ragon, Inc.for 81>> million, payable in installments of 81> million permonth with 7 interest per annum. Solomon marriedDorna after 5 months and they chose conjugal partnershipof gains to govern their property relations. !hen theymarried, #ragon had an unpaid balance of 85> million plusinterest in Solomon s favor. &o whom will #ragon smonthly payments go after the marriage"

(#) &he principal shall go to the conjugalpartnership but the interests to Solomon.

(%) %oth principal and interests shall go toSolomon since they are his e4clusive properties.

(') %oth principal and interests shall go to theconjugal partnership since these become dueafter the marriage.

( ) &he principal shall go to Solomon but theinterests to the conjugal partnership.

(* ) ? and @, although not suffering from any impediment,cohabited as husband and wife without the benefit ofmarriage. Following the birth of their child, the couple gotmarried. # year after, however, the court annulled themarriage and issued a decree of annulment. !hat is thepresent status of the child"

(#) Degitimated.

(%) Illegitimate.

(') +atural child.

( ) Degitimate.

(*3) !hen # and % married, they chose conjugalpartnership of gains to govern their property relations.#fter years, % succeeded in getting her marriage to #annulled on ground of the latter s psychologicalincapacity. !hat li/uidation procedure will they follow indisposing of their assets"

(#) &hey will follow the rule governing theli/uidation of a conjugal partnership of gainswhere the party who acted in bad faith forfeitshis share in the net profits.

(%) Since the marriage has been declared void,the rule for li/uidation of absolute community ofproperty shall be followed.

(') &he li/uidation of a co-ownership appliessince the annulment brought their propertyrelation under the chapter on property regimeswithout marriage.

( ) &he law on li/uidation of partnerships applies.

(*5) ? and @ agreed verbally before their marriage (a) onthe paternity of the illegitimate child of @ and (b) on theeconomic regime that will govern ? and @ s propertyrelations. Is the verbal agreement valid"

(#) +o, because a marriage settlement to bevalid should be in writing.

(%) @es, since ante-nuptial agreements need notbe in writing.

(') +o, because a marriage settlement cannotinclude an agreement on the paternity of anillegitimate child.

( ) @es, since even if it is not a valid marriagesettlement, it is a valid verbal contract.

(*7) Spouses ? and @ have a minor daughter, <, whoneeds support for her education. %oth ? and @, who arefinancially distressed, could not give the needed support

to <. #s it happens, < s other relatives are f inanciallycapable of giving that support. From whom may < firstrightfully demand support" From her

(#) grandfather.

(%) brother.

(') uncle.

( ) first cousin.

(*:) Fidel, a Filipino with fair comple4ion, married 0loria.%efore the marriage, 0loria confessed to Fidel that shewas two-month pregnant with the child of a black #fricanwho had left the country for good. !hen the child wasborn, Fidel could not accept it being too black incomple4ion. !hat is the status of the child"



(%) @es, since the defect was not hiddenM ? knewof it but he acted in bad faith in not disclosing thefact to @.

(') +o, because @ is in estoppel, having changedengine without prior demand.

( ) +o, because @ waived the warranty againsthidden defects.

( :) #cme 'annery produced sardines in cans known asASards.A 9ylene bought a can of Sards from a store, ate it,and suffered from poisoning caused by a no4ioussubstance found in the sardines. 9ylene filed a case fordamages against #cme. !hich of the following defenseswill hold"

(#) &he e4piry date of the ASardsA was clearlyprinted on its can, still the store sold and 9ylenebought it.

(%) 9ylene must have detected the no4ioussubstance in the sardines by smell, yet she stillate it.

(') #cme had no transaction with 9yleneM shebought the ASardsA from a store, not directly from#cme.

( ) #cme enjoys the presumption of safeness ofits canning procedure and 9ylene has notovercome such presumption.

( ;) Fernando e4ecuted a will, prohibiting his wife 9arinafrom remarrying after his death, at the pain of the legacyof 81>> 9illion in her favor becoming a nullity. %ut a yearafter Fernando s death, 9arina was so overwhelmed withlove that she married another man. Is she entitled to thelegacy, the amount of which is well within the capacity ofthe disposable free portion of Fernando s estate"

(#) @es, since the prohibition against remarryingis absolute, it is deemed not written.

(%) @es, because the prohibition is inhuman andoppressive and violates 9arina s rights as a freewoman.

(') +o, because the nullity of the prohibition alsonullifies the legacy.

( ) +o, since such prohibition is authoriBed bylaw and is not repressiveM she could remarry but

must give up the money.

( =) ?, the owner, constituted a 1>-year usufruct on hisland as well as on the building standing on it in @ s favor.#fter flood totally destroyed the building 5 years later, ?told @ that an act of 0od terminated the usufruct and thathe should vacate the land. Is ?, the owner of the land,correct"

(#) +o, since the building was destroyed throughno fault of @.

(%) +o, since @ still has the right to use the landand the materials left on it.

(') @es, since @ cannot use the land without thebuilding.

( ) @es, since the destruction of the buildingwithout the ? s fault terminated the usufruct.

(3>) In gratitude, the groom s parents made a donation ofa property in writing to the bride s parents shortly beforetheir children s wedding. &he donation was accepted.!hat is the nature of the donation"

(#) It is an ordinary donation since it was notgiven to the bride or groom.

(%) It is donation propter nuptias since it wasgiven with the marriage in mind.

(') It is an indirect donation propter nuptias sincethe bride would eventually inherit the propertyfrom her parents.

( ) It is a remunatory donation.

(31) ? and @, both Filipinos, were married and resided inSpain although they intend to return to the 8hilippines atsome future time. &hey have not e4ecuted any marriagesettlements. !hat law governs their property relations"

(#) &hey may choose between Spanish law and8hilippine law.

(%) 8hilippine law since they are both Filipinos.

(') +o regime of property relations will apply tothem.

( ) Spanish law since they live in Spain.

(3*) %irth determines personality. eath e4tinguishes it.nder what circumstances may the personality of a

deceased person continue to e4ist"

(#) In case of re-appearance of a missing personpresumed dead.

(%) In protecting the works of a deceased underintellectual property laws.

(') In case of declaration of presumptive death ofa missing spouse.

( ) In the settlement of the estate of a deceasedperson.

(3 ) Si4 tenants sued ?, the landowner, for willfullydenying them water for their farms, which waterhappened to flow from land under ? s control, hisintention being to force them to leave his properties. Is ?liable for his act and why"

(#) +o, because the tenants must be content withwaiting for rainfall for their farms.

(%) +o, since ? owns both the land and the water.

(') @es, because the tenants farms have thenatural right of access to water wherever it islocated.

( ) @es, since ? willfully caused injury to histenants contrary to morals, good customs orpublic policy.

(33) Illegitimate brothers and sisters, whether of full orhalf-blood, are bound to support each other, 2?'28& when

(#) the brother or sister who needs support livesin another place.



(%) &hose enjoying specific regimes under the+ew 'ivil 'ode may adopt the regime of absolutecommunity of property under the Family 'ode.

(') &hose that married under the +ew 'ivil 'odebut did not choose any of its regimes shall nowbe governed by the regime of absolutecommunity of property.

( ) &hey are superseded by the Family 'odewhich has retroactive effect.

(5 ) &he testator e4ecuted a will following the formalitiesre/uired by the law on succession without designating anyheir. &he only testamentary disposition in the will is therecognition of the testatorCs illegitimate child with apopular actress. Is the will valid"

(#) @es, since in recogniBing his illegitimate child,the testator has made him his heir.

(%) +o, because the non-designation of heirsdefeats the purpose of a will.

(') +o, the will comes to life only when theproper heirs are instituted.

( ) @es, the recognition of an illegitimate heir isan ample reason for a will.

(53) # left %, his wife, in the 8hilippines to work in 2gyptbut died in that country after a year s continuous stay.

&wo months after # s death, % gave birth to a child,claiming it is # s child. !ho can assail the legitimacy ofthe child"

(#) # s other heirs apart from %.

(%) &he State which has interest in the welfare ofoverseas contract workers.

(') #ny one who is outraged by % s claim.

( ) +o one since # died.

(55) $ and &S who had a marriage license re/uested anewly appointed Eudge in 9anila to marry them on thebeach of %oracay. Since the Eudge maintained %oracay ashis residence, he agreed. &he sponsors were all publicofficials. !hat is the status of the marriage.

(#) Halid, since the improper venue is merely an

irregularityM all the elements of a valid marriageare present.

(%) Hoid, because the couple did not get localpermit for a beach wedding.

(') Hoidable, because the Eudge acted beyond histerritorial jurisdiction and is administrativelyliable for the same.

( ) Hoid, because the Eudge did not solemniBethe marriage within the premises of his court.

(57) ? and @, Filipinos, got married in Dos #ngeles, S#,

using a marriage license issued by the 8hilippine consul inDos #ngeles, acting as 'ivil $egistrar. ? and @ did notknow that they were first cousins because their mothers,who were sisters, were separated when they were /uiteyoung. Since ? did not want to continue with the relationwhen he heard of it, he left @, came to the 8hilippines andmarried <. 'an ? be held liable for bigamy"

(#) +o since ? s marriage to @ is void ab initio ordid not e4ist.

(%) +o since ? acted in good faith, conscious thatpublic policy did not approve of marriagebetween first cousins.

(') @es since he married < without first securinga judicial declaration of nullity of his marriage to

@.

( ) @es since his first marriage to @ in Dos#ngeles is valid.

(5:) #llan bought %illy s property through 'arlos, an agentempowered with a special power of attorney (S8#) to sellthe same. !hen #llan was ready to pay as scheduled, %illycalled, directing #llan to pay directly to him. n learningof this, 'arlos, %illyCs agent, told #llan to pay through himas his S8# provided and to protect his commission. Facedwith two claimants, #llan consigned the payment in court.%illy protested, contending that the consignation isineffective since no tender of payment was made to him.Is he correct"

(#) +o, since consignation without tender ofpayment is allowed in the face of the conflictingclaims on the plaintiff.

(%) @es, as owner of the property sold, %illy candemand payment directly to himself.

(') @es, since #llan made no announcement ofthe tender.

( ) @es, a tender of payment is re/uired for avalid consignation.

(5;) ? sold @ 1>> sacks of rice that @ was to pick up from

? s rice mill on a particular date. @ did not, however,appear on the agreed date to take delivery of the rice.#fter one week, ? automatically rescinded the salewithout notarial notice to @. Is the rescission valid"

(#) @es, automatic rescission is allowed since,having the character of movables andconsumables, rice can easily deteriorate.

(%) +o, the buyer is entitled to a customary >-day e4tension of his obligation to take delivery ofthe goods.

(') +o, since there was no e4press agreement

regarding automatic rescission.

( ) +o, the seller should first determine that @was not justified in failing to appear.

(5=) &he wife filed a case of legal separation against herhusband on the ground of se4ual infidelity withoutpreviously e4erting earnest efforts to come to acompromise with him. &he judge dismissed the case forhaving been filed without complying with a conditionprecedent. Is the dismissal proper"

(#) +o, efforts at a compromise will only deepenthe wife s anguish.

(%) +o, since legal separation like validity ofmarriage is not subject to compromiseagreement for purposes of filing.

(') @es, to avoid a family feud that is hurtful toeveryone.



( ) @es, since the dispute could have beensettled with the parties agreeing to legalseparation.

(7>) #n #ustralian living in the 8hilippines ac/uired sharesof stock worth 81> million in food manufacturingcompanies. 6e died in 9anila, leaving a legal wife and achild in #ustralia and a live-in partner with whom he hadtwo children in 9anila. 6e also left a will, done accordingto 8hilippine laws, leaving all his properties to his live-inpartner and their children. !hat law will govern the

validity of the disposition in the will"

(#) #ustralia law since his legal wife andlegitimate child are #ustralians and domiciled in#ustralia.

(%) #ustralian law since the intrinsic validity ofthe provisions of a will is governed by thedecedent s national law.

(') 8hilippine law since the decedent died in9anila and he e4ecuted his will according to suchlaw.

( ) 8hilippine law since the decedent s propertiesare in the 8hilippines.

(71) ? bought a land from @, paying him cash. Since theywere friends, they did not e4ecute any document of sale.#fter : years, the heirs of ? asked @ to e4ecute a deed ofabsolute sale to formaliBe the verbal sale to their father.

nwilling to do so, ? s heirs filed an action for specificperformance against @. !ill their action prosper"

(#) +o, after more than 7 years, the action toenforce the verbal agreement has alreadyelapsed.

(%) +o, since the sale cannot under the Statute ofFrauds be enforced.

(') @es, since ? bought the land and paid @ for it.

( ) @es, after full payment, the action becameimprescriptible.

(7*) # court declared $icardo, an old bachelor, anabsentee and appointed 'icero administrator of hisproperty. #fter a year, it was discovered that $icardo haddied abroad. !hat is the effect of the fact of his death onthe administration of his property"

(#) !ith $icardo no longer an absentee but adeceased person, 'icero will cease to beadministrator of his properties.

(%) &he administration shall be given by the courthaving jurisdiction over the intestate proceedingsto a new administrator whom it will appoint.

(') 'icero automatically becomes administratorof $icardo s estate until judicially relieved.

( ) 'icero s alienations of $icardoCs property willbe set aside.

(7 ) %aldo, a rejected suitor, intimidated Eudy intomarrying him. !hile she wanted to /uestion the validity oftheir marriage two years after the intimidation ceased,

Eudy decided in the meantime to freely cohabit with %aldo.#fter more than 5 years following their wedding, Eudywants to file a case for annulment of marriage against

%aldo on ground of lack of consent. !ill her actionprosper"

(#) @es, the action for annulment isimprescriptible.

(%) +o, since the marriage was merely voidableand Eudy ratified it by freely cohabiting with%aldo after the force and intimidation had ceased.

(') +o, since the action prescribed 5 years fromthe date of the celebration of the marriage.

( ) @es, because the marriage was celebratedwithout EudyCs consent freely given.

(73) Is the wife who leaves her husband without just causeentitled to support"

(#) +o, because the wife must always besubmissive and respectful to the husband.

(%) @es. &he marriage not having been dissolved,

the husband continues to have an obligation tosupport his wife.

(') +o, because in leaving the conjugal homewithout just cause, she forfeits her right tosupport.

( ) @es, since the right to receive support is notsubject to any condition.

(75) In the order of intestate succession where thedecedent is legitimate, who is the last intestate heirs orheir who will inherit if all heirs in the higher level aredis/ualified or unable to inherit"

(#) +ephews and nieces.

(%) %rothers and sisters.

(') State.

( ) ther collateral relatives up to the 5th degreeof consanguinity.

(77) $oy and 'arlos both undertook a contract to deliverto Sam in 9anila a boat docked in Subic. %efore they coulddeliver it, however, the boat sank in a storm. &he contractprovides that fortuitous event shall not e4empt $oy and'arlos from their obligation. wing to the loss of themotor boat, such obligation is deemed converted into oneof indemnity for damages. Is the liability of $oy and 'arlos

joint or solidary"

(#) +either solidary nor joint since they cannotwaive the defense of fortuitous event to whichthey are entitled.

(%) Solidary or joint upon the discretion of Sam.

(') Solidary since $oy and 'arlos failed toperform their obligation to deliver the motorboat.

( ) Eoint since the conversion of their liability toone of indemnity for damages made it joint.

(7:) Eoanne married Eames, a person with no knownrelatives. &hrough EamesC hard work, he and his wife Eoane



prospered. !hen Eames died, his estate alone amountedto 81>> million. If, in his will, Eames designates Eoanne ashis only heir, what will be the free portion of his estate.

(#) Eoanne gets allM estate has no free portion left.

(%) Eoanne gets 1K*M the other half is free portion.

(') Eoanne gets 1K M the remaining *K is freeportion.

( ) Eoanne gets 1K3M the remaining K3 is freeportion.

(7;) # warranty inherent in a contract of sale, whether ornot mentioned in it, is known as the

(#) warranty on /uality.

(%) warranty against hidden defects.

(') warranty against eviction.

( ) warranty in merchantability.

(7=) &he doctrine of stare decisis prescribes adherence toprecedents in order to promote the stability of the law.%ut the doctrine can be abandoned

(#) !hen adherence to it would result in the0overnment s loss of its case.

(%) !hen the application of the doctrine wouldcause great prejudice to a foreign national.

(') !hen necessary to promote the passage of anew law.

( ) !hen the precedent has ceased to bebeneficial and useful.

(:>) $ic and Eosie, Filipinos, have been sweethearts for 5years. !hile working in a 2uropean country where thee4ecution of joint wills are allowed, the two of theme4ecuted a joint holographic will where they named eachother as sole heir of the other in case either of them dies.

nfortunately, $ic died a year later. 'an Eosie have the joint will successfully probated in the 8hilippines"

(#) @es, in the highest interest of comity ofnations and to honor the wishes of the deceased.

(%) +o, since 8hilippine law prohibits thee4ecution of joint wills and such law is binding on$ic and Eosie even abroad.

(') @es, since they e4ecuted their joint will out ofmutual love and care, values that the generallyaccepted principles of international law accepts.

( ) @es, since it is valid in the country where itwas e4ecuted, applying the principle of Ale4 locicelebrationis.A

(:1) 9D inherited from his father 85 million in legitime but

he waived it in a public instrument in favor of his sister @who accepted the waiver in writing. %ut as it happened,9D borrowed 87 million from 8F before the waiver. 8Fobjected to the waiver and filed an action for its rescissionon the ground that he had the right to 9D s 85 millionlegitime as partial settlement of what 9D owed him since

9D has proved to be insolvent. oes 8F, as creditor, havethe right to rescind the waiver"

(#) +o, because the waiver in favor of his sister@ amounts to a donation and she already

accepted it.

(%) @es, because the waiver is prejudicial to theinterest of a third person whose interest isrecogniBed by law.

(') +o, 8F must wait for 9D to become solventand, thereafter, sue him for the unpaid loan.

( ) @es, because a legitime cannot be waived infavor of a specific heirM it must be divided amongall the other heirs.

(:*) !hile engaged to be married, #rnold and Eosephineagreed in a public instrument to adopt out the economicregime of absolute community of property. #rnoldacknowledged in the same instrument that Eosephine sdaughter 9ary, is his illegitimate child. %ut Eosephine diedbefore the marriage could take place. oes the marriagesettlement have any significance"

(#) +one, since the instrument containing themarriage settlement is essentially void forcontaining an unrelated matter.

(%) @es, insofar as #rnold acknowledged 9ary ashis illegitimate child.

(') +one, since the marriage did not take place.

( ) @es, if they ac/uired properties while livingtogether as husband and wife.

(: ) Eoseph, a 1:-year old Filipino, married Eenny, a *1-year old #merican in Illinois, S#, where the marriage wasvalid. &heir parents gave full consent to the marriage oftheir children. #fter three years, Eoseph filed a petition inthe S# to promptly divorce Eenny and this was granted.!hen Eoseph turned *5 years, he returned to the8hilippines and married Deonora. !hat is the status of thissecond marriage"

(#) Hoid, because he did not cause the judicialissuance of declaration of the nullity of his firstmarriage to Eenny before marrying Deonora.

(%) Halid, because EosephCs marriage to Eenny isvoid, he being only 1: years of age when he

married her.

(') Halid, because his marriage to Deonora has allthe elements of a valid marriage.

( ) Hoid, because Eoseph is still consideredmarried to Eenny since the 8hilippines does notrecogniBe divorce.

(:3) & died intestate, leaving an estate of 8=,>>>,>>>. 6eleft as heirs three legitimate children, namely, #, %, and '.# has two children, and 2. %efore he died, # irrevocablyrepudiated his inheritance from & in a public instrumentfiled with the court. 6ow much, if any, will and 2, as # schildren, get from & s estate"

(#) 2ach of and 2 will get 81,5>>,>>> by rightof representation since their father repudiated hisinheritance.



(%) 2ach of and 2 will get 8*,**5,>>> becausethey will inherit from the estate e/ually with %and '.

(') and 2 will get none because of therepudiationM A%A and A'A will get # s share byright of accretion.

( ) 2ach of and 2 will get 8*,>>>,>>> becausethe law gives them some advantage due to thedemise of A#A.

(:5) +o decree of legal separation can be issued

(#) unless the children s welfare is attended tofirst.

(%) without prior efforts at reconciliation shown tobe futile.

(') unless the court first directs mediation of theparties.

( ) without prior investigation conducted by a

public prosecutor.

(:7) ?, who was abroad, phoned his brother, @, authoriBinghim to sell ? s parcel of land in 8asay. ? sent the title to @by courier service. #cting for his brother, @ e4ecuted anotariBed deed of absolute sale of the land to < afterreceiving payment. !hat is the status of the sale"

(#) Halid, since a notariBed deed of absolute salecovered the transaction and full payment wasmade.

(%) Hoid, since ? should have authoriBed agent @in writing to sell the land.

(') Halid, since @ was truly his brother ? s agentand entrusted with the title needed to effect thesale.

( ) Halid, since the buyer could file an action tocompel ? to e4ecute a deed of sale.

(::) In a true pacto de retro sale, the title and ownershipof the property sold are immediately vested in the vendeea retro subject only to the resolutory condition ofrepurchase by the vendor a retro within the stipulatedperiod. &his is known as

(#) e/uitable mortgage.

(%) conventional redemption.

(') legal redemption.

( ) e/uity of redemption.

(:;) # natural obligation under the +ew 'ivil 'ode of the8hilippines is one which

(#) the obligor has a moral obligation to do,otherwise entitling the obligee to damages.

(%) refers to an obligation in writing to do or notto do.

(') the obligee may enforce through the court ifviolated by the obligor.

( ) cannot be judicially enforced but authoriBesthe obligee to retain the obligor s payment orperformance.

(:=) &he husband assumed sole administration of thefamily s mango plantation since his wife worked abroad.Subse/uently, without his wife s knowledge, the husbandentered into an antichretic transaction with a company,giving it possession and management of the plantationwith power to harvest and sell the fruits and to apply theproceeds to the payment of a loan he got. !hat is the

standing of the contract"

(#) It is void in the absence of the wife s consent.

(%) It is void absent an authoriBation from thecourt.

(') &he transaction is void and can neither beratified by the wife nor authoriBed by the court.

( ) It is considered a continuing offer by theparties, perfected only upon the wife sacceptance or the court s authoriBation.

(;>) !hen the donor gives donations without reservingsufficient funds for his support or for the support of hisdependents, his donations are

(#) $escissible, since it results in economic lesionof more than *5 of the value of his properties.

(%) Hoidable, since his consent to the donation isvitiated by mindless kindness.

(') Hoid, since it amounts to wanton e4penditurebeyond his means.

( ) $educible to the e4tent that the donationsimpaired the support due to himself and hisdependents.

(;1) #nne owed %essy 81 million due on ctober 1, *>11but failed to pay her on due date. %essy sent a demandletter to #nne giving her 5 days from receipt within whichto pay. &wo days after receipt of the letter, #nnepersonally offered to pay %essy in managerCs check butthe latter refused to accept the same. &he 5 days lapsed.9ay #nne s obligation be considered e4tinguished"

(#) @es, since %essy s refusal of the manager scheck, which is presumed funded, amounts to asatisfaction of the obligation.

(%) +o, since tender of payment even in cash, ifrefused, will not discharge the obligation withoutproper consignation in court.

(') @es, since #nne tendered payment of the fullamount due.

( ) +o, since a manager s check is notconsidered legal tender in the 8hilippines.

(;*) &he residents of a subdivision have been using anopen strip of land as passage to the highway for over >years. &he owner of that land decided, however, to close it

in preparation for building his house on it. &he residentsprotested, claiming that they became owners of the landthrough ac/uisitive prescription, having been inpossession of the same in the concept of owners, publicly,peacefully, and continuously for more than > years. Isthis claim correct"



(#) +o, the residents have not been in continuouspossession of the land since they merely passedthrough it in going to the highway.

(%) +o, the owner did not abandon his right to thepropertyM he merely tolerated his neighbors useof it for passage.

(') @es, residents of the subdivision have becomeowners by ac/uisitive prescription.

( ) @es, community ownership by prescriptionprevails over private claims.

(; ) &he owner of a thing cannot use it in a way that willinjure the right of a third person. &hus, every building orland is subject to the easement which prohibits itsproprietor or possessor from committing nuisance likenoise, jarring, offensive odor, and smoke. &his principle isknown as

(#) Eus vindicandi.

(%) Sic utere tuo ut alienum non laedas.

(') Eus dispondendi.

( ) Eus abutendi.

(;3) Eanice and Eennifer are sisters. Eanice sued Eenniferand Daura, Eennifer s business partner for recovery ofproperty with damages. &he complaint did not allege that

Eanice e4erted earnest efforts to come to a compromisewith the defendants and that such efforts failed. &he judgedismissed the complaint outright for failure to comply witha condition precedent. Is the dismissal in order"

(#) +o, since Daura is a stranger to the sisters, Eanice has no moral obligation to settle with her.

(%) @es, since court should promote amicablesettlement among relatives.

(') @es, since members of the same family, asparties to the suit, are re/uired to e4ert earnestefforts to settle their disputes before coming tocourt.

( ) +o, the family council, which would ordinarilymediate the dispute, has been eliminated underthe Family 'ode.

(;5) ? borrowed money from a bank, secured by amortgage on the land of @, his close friend. !hen the loanmatured, @ offered to pay the bank but it refused since @was not the borrower. Is the bank s action correct"

(#) @es, since ?, the true borrower, did not givehis consent to @ s offer to pay.

(%) +o, since anybody can discharge ? sobligation to his benefit.

(') +o, since @, the owner of the collateral, hasan interest in the payment of the obligation.

( ) @es, since it was ? who has an obligation tothe bank.

(;7) &he right of a mortgagor in a judicial foreclosure toredeem the mortgaged property after his default in theperformance of the conditions of the mortgage but before

the sale of the mortgaged property or confirmation of thesale by the court, is known as

(#) accion publiciana.

(%) e/uity of redemption.

(') pacto de retro.

( ) right of redemption.

(;:) !hen does the regime of conjugal partnership ofgains begin to e4ist"

(#) #t the moment the parties take and declareeach other as husband and wife before officiatingofficer.

(%) #t the time the spouses ac/uire propertiesthrough joint efforts.

(') n the date the future spouses e4ecuted theirmarriage settlements because this is the startingpoint of their marital relationship.

( ) n the date agreed upon by the futurespouses in their marriage settlements since theiragreement is the law between them.

(;;) Eosie, 1;, married ante, *5, without her parentsknowledge and consent, and lived with him. #fter a year,

Eosie returned to her parents home, complained of theunbearable battering she was getting from ante, ande4pressed a desire to have her marriage with himannulled. !ho may bring the action"

(#) ante.

(%) 6er parents.

(') Eosie herself.

( ) &he State.

(;=) ?, a married man, cohabited with @, an unmarriedwoman. &heir relation bore them %%, a baby boy.Subse/uently, after ? became a widower, he married @.!as %% legitimated by that marriage"

(#) @es, since his parents are now lawfullymarried.

(%) @es, since he is an innocent party and themarriage rectified the wrong done him.

(') +o, since once illegitimate, a child shallalways remain illegitimate.

( ) +o, since his parents were not /ualified tomarry each other when he was conceived.

(=>) &he presence of a vice of consent vitiates the consentof a party in a contract and this renders the contract

(#) $escissible.

(%) nenforceable.

(') Hoidable.



( ) Hoid.

(=1) 'an common-law spouses donate properties ofsubstantial value to one another"

(#) +o, they are only allowed to give moderategifts to each other during family rejoicing.

(%) +o, they cannot give anything of value toeach other to prevent placing their legitimate

relatives at a disadvantage.

(') @es, unlike the case of legally marriedspouses, such donations are not prohibited.

( ) @es, as long as they leave sufficient propertyfor themselves and for their dependents.

(=*) ? owed @ 81.5 million. In his will, ? gave @ legacy of81 million but the will provided that this legacy is to be setoff against the 81.5 million ? owed @. #fter the set off, ?still owed @ 85>>,>>>. 'an @ still collect this amount"

(#) @es, because the designation of @ as legatee

created a new and separate juridical relationshipbetween them, that of testator-legatee.

(%) It depends upon the discretion of the probatecourt if a claim is filed in the testate proceedings.

(') +o, because the intention of the testator ingiving the legacy is to abrogate his entireobligation to @.

( ) +o, because ? had no instruction in his will todeliver more than the legacy of 81 million to @.

(= ) Eosie owned a lot worth 85 million prior to her

marriage to $ey. Subse/uently, their conjugal partnershipspent 8 million for the construction of a house on the lot.

&he construction resulted in an increase in the value ofthe house and lot to 8= million. !ho owns the house andthe lot"

(#) Eosie and the conjugal partnership of gainswill own both on a 5>-5> basis.

(%) Eosie will own both since the value of thehouse and the increase in the property s value isless than her lot s valueM but she is to reimburseconjugal partnership e4penses.

(') Eosie still owns the lot, it being her e4clusiveproperty, but the house belongs to the conjugalpartnership.

( ) &he house and lot shall both belong to theconjugal partnership, with Eosie entitled toreimbursement for the value of the lot.

(=3) #n action for reconveyance of a registered piece ofland may be brought against the owner appearing on thetitle based on a claim that the latter merely holds suchtitle in trust for the plaintiff. &he action prescribes,however, within 1> years from the registration of the deedor the date of the issuance of the certificate of title of theproperty as long as the trust had not been repudiated.

!hat is the e4ception to this 1>-year prescriptive period"

(#) !hen the plaintiff had no notice of the deedor the issuance of the certificate of title.

(%) !hen the title holder concealed the matterfrom the plaintiff.

(') !hen fortuitous circumstances prevented theplaintiff from filing the case sooner.

( ) !hen the plaintiff is in possession of theproperty.

(=5) 'onrad and Dinda, both *> years old, applied for a

marriage license, making it appear that they were over*5. &hey married without their parents knowledge beforean unsuspecting judge. #fter the couple has been incohabitation for 7 years, Dinda s parents filed an action toannul the marriage on ground of lack of parental consent.!ill the case prosper"

(#) +o, since only the couple can /uestion thevalidity of their marriage after they became *1 ofageM their cohabitation also convalidated themarriage.

(%) +o, since Dinda s parents made no allegationsthat earnest efforts have been made to come toa compromise with 'onrad and Dinda and which

efforts failed.

(') @es, since the marriage is voidable, thecouple being below *1 years of age when theymarried.

( ) @es, since Dinda s parents never gave theirconsent to the marriage.

(=7) 8epito e4ecuted a will that he and attestingwitnesses signed following the formalities of law, e4ceptthat the +otary 8ublic failed to come. &wo days later, the+otary 8ublic notariBed the will in his law office where allsignatories to the will acknowledged that the testatorsigned the will in the presence of the witnesses and thatthe latter themselves signed the will in the presence ofthe testator and of one another. !as the will validlynotariBed"

(#) +o, since it was not notariBed on the occasionwhen the signatories affi4ed their signatures onthe will.

(%) @es, since the +otary 8ublic has to be presentonly when the signatories acknowledged the actsre/uired of them in relation to the will.

(') @es, but the defect in the mere notariBation ofthe will is not fatal to its e4ecution.

( ) +o, since the notary public did not re/uire thesignatories to sign their respective attestationsagain.

(=:) Henecio and 2ster lived as common-law spousessince both have been married to other persons fromwhom they had been separated in fact for several years.6ardworking and bright, each earned incomes from theirrespective professions and enterprises. !hat is the natureof their incomes"

(#) 'onjugal since they earned the same whileliving as husband and wife.

(%) Separate since their property relations withtheir legal spouses are still subsisting.

(') 'o-ownership since they agreed to work fortheir mutual benefit.



( ) false testimony.

(5) 9ario, a %ureau of 'ustoms e4aminer, wasadministratively charged with grave misconduct andpreventively suspended pending investigation. &he headof office found him guilty as charged and ordered hisdismissal. &he decision against him was e4ecuted pendingappeal. &he 'ivil Service 'ommission ('S') subse/uentlyfound him guilty and after considering a number ofmitigating circumstances, reduced his penalty to only onemonth suspension. Is 9ario entitled to back salaries"

(#) @es, the reduction of the penalty meansrestoration of his right to back salaries.

(%) +o, the penalty of one month suspensioncarries with it the forfeiture of back salaries.

(') +o, he is still guilty of grave misconduct, onlythe penalty was reduced.

( ) @es, corresponding to the period of hissuspension pending appeal less one month.

(7) #lthea, a Filipino citiBen, bought a lot in the 8hilippinesin 1=:5. 6er predecessors-in-interest have been in open,continuous, e4clusive and notorious possession of the lotsince 1=3>, in the concept of owner. In 1=;;, #ltheabecame a naturaliBed #ustralian citiBen. Is she /ualified toapply for registration of the lot in her name"

(#) @es, provided she ac/uires back her FilipinocitiBenship.

(%) +o, e4cept when it can be proved that#ustralia has a counterpart domestic law thatalso favors former Filipino citiBens residing there.

(') @es, the lot is already private in character and

as a former natural-born Filipino, she can buy thelot and apply for its registration in her name.

( ) +o, foreigners are not allowed to own lands inthe 8hilippines.

(:) &he privacy of communication and correspondenceshall be inviolable e4cept upon lawful order of the court orwhen

(#) public safety or public health re/uiresotherwise as prescribed by law.

(%) dictated by the need to maintain public peaceand order.

(') public safety or order re/uires otherwise asprescribed by law.

( ) public safety or order re/uires otherwise asdetermined by the 8resident.

(;) ne advantage of a written 'onstitution is its

(#) reliability.

(%) permanence.

(') fle4ibility.

( ) e4pediency.

(=) #n appointment held at the pleasure of the appointingpower

(#) essentially temporary in nature.

(%) re/uires special /ualifications of theappointee.

(') re/uires justifiable reason for its termination.

( ) is co-e4tensive with the term of the publicofficer who appointed him.

(1>) &he city government filed a complaint fore4propriation of 1> lots to build a recreational comple4 forthe members of the homeownersC association of Sitio Sto.

&omas, the most populated residential compound in thecity. &he lot owners challenged the purpose of thee4propriation. oes the e4propriation have a validpurpose"

(#) +o, because not everybody uses arecreational comple4.

(%) +o, because it intends to benefit a privateorganiBation.

(') @es, it is in accord with the general welfareclause.

( ) @es, it serves the well-being of the localresidents.

(11) #n e4ample of a content based restraint on freespeech is a regulation prescribing

(#) ma4imum tolerance of pro-governmentdemonstrations.

(%) a no rally-no permit policy.

(') when, where, and how lawful assemblies areto be conducted.

( ) calibrated response to rallies that havebecome violent.

(1*) &he 8resident forged an e4ecutive agreement withHietnam for a year supply of animal feeds to the8hilippines not to e4ceed 3>,>>> tons. &he #ssociation of#nimal Feed Sellers of the 8hilippines /uestioned thee4ecutive agreement for being contrary to $.#. 37* whichprohibits the importation of animal feeds from #siancountries. Is the challenge correct"

(#) @es, the e4ecutive agreement is contrary toour e4isting domestic law.

(%) +o, the 8resident is the sole organ of thegovernment in e4ternal relations and all hisactions as such form part of the law of the land.

(') +o, international agreements are sui generiswhich must stand independently of our domesticlaws.

( ) @es, the e4ecutive agreement is actually atreaty which does not take effect withoutratification by the Senate.

(1 ) Eose 'ruB and *> others filed a petition with the' 92D2' to hold a plebiscite on their petition for initiative



to amend the 'onstitution by shifting to a unicameralparliamentary form of government. #ssuming that thepetition has been signed by the re/uired number ofregistered voters, will it prosper"

(#) +o, only 'ongress can e4ercise the power toamend the 'onstitution.

(%) @es, the people can substantially amend the'onstitution by direct action.

(') @es, provided 'ongress concurs in theamendment.

( ) +o, since they seek, not an amendment, buta revision.

(13) &he 'omelec en banc cannot hear and decide a caseat first instance 2?'28& when

(#) a ivision refers the case to it for directaction.

(%) the case involves a purely administrative

matter.

(') the inhibition of all the members of a ivisionis sought.

( ) a related case is pending before the Supreme'ourt en banc.

(15) 2ach of the 'onstitutional 'ommissions is e4presslydescribed as Aindependent,A e4emplified by its

(#) immunity from suit.

(%) fiscal autonomy.

(') finality of action.

( ) collegiality.

(17) &here is double jeopardy when the dismissal of thefirst case is

(#) made at the instance of the accused invokinghis right to fair trial.

(%) made upon motion of the accused withoutobjection from the prosecution.

(') made provisionally without objection from theaccused.

( ) based on the objection of the accused to theprosecutionCs motion to postpone trial.

(1:) &he new 'ommissioner of Immigration, 9r. SuareB,issued an ffice rder directing the top immigrationofficials to tender courtesy resignation to give him a f reehand in reorganiBing the agency. In compliance, irectorSison of the #dministrative epartment tendered hisresignation in writing which 9r. SuareB immediatelyaccepted. irector Sison went to court, assailing the

validity of his courtesy resignation and 9r. SuareB sacceptance of the same. !ill the action prosper"

(#) +o, irector Sison tendered his resignationand it was accepted.

(%) +o, estoppel precludes irector Sison fromdisclaiming the resignation he freely tendered.

(') @es,for so long as no one has yet beenappointed to replace him, irector Sison may stillwithdraw his resignation.

( ) @es, irector Sison merely complied with theorder of the head of officeM the element of clearintention to relinguish office is lacking.

(1;) #n administrative rule that fi4es rates is valid onlywhen the proposed rates are

(#) published and filed with the 8 Daw 'enter.

(%) published and hearings are conducted.

(') published and posted in three public places.

( ) published and all stakeholders are personallynotified.

(1=) &he government sought to e4propriate a parcel ofland belonging to @. &he law provides that, to getimmediate possession of the land, the government mustdeposit the e/uivalent of the landCs Bonal value. &hegovernment insisted, however, that what apply are therules of court which re/uire an initial deposit only of theassessed value of the property. !hich should prevail onthis matter, the law or the rules of court"

(#) %oth law and rules apply because justcompensation should be fi4ed based on its Bonalor assessed value, whichever is higher.

(%) %oth law and rules apply because justcompensation should be fi4ed based on its Bonalor assessed value, whichever is lower.

(') &he law should prevail since the right to justcompensation is a substantive right that'ongress has the power to define.

( ) &he rules of court should prevail since justcompensation is a procedural matter subject tothe rule making power of the Supreme 'ourt.

(*>) #fter ?, a rape suspect, was apprised of his right tosilence and to counsel, he told the investigators that hewas waiving his right to have his own counsel or to beprovided one. 6e made his waiver in the presence of aretired Eudge who was assigned to assist and e4plain tohim the conse/uences of such waiver. Is the waiver valid"

(#) +o, the waiver was not reduced in writing.

(%) @es, the mere fact that the lawyer was aretired judge does not cast doubt on hiscompetence and independence.

(') @es, the waiver was made voluntarily,e4pressly, and with assistance of counsel.

( ) +o, a retired Eudge is not a competent andindependent counsel.

(*1) 0overnor 8aloma was administratively charged withabuse of authority before the ffice of the 8resident.8ending hearing, he ran for reelection and won a secondterm. 6e then moved to dismiss the charge against himbased on this supervening event. Should the motion begranted"



(#) @es, 0overnor 8alomaCs reelection is ane4pression of the electorateCs obedience to hiswill.

(%) +o, 0overnor 8alomaCs reelection cannote4tinguish his liability for malfeasance in office.

(') +o, 0overnor 8alomaCs reelection does notrender moot the administrative case alreadypending when he filed his certificate of candidacyfor his reelection bid.

( ) @es, 0overnor 8alomaCs reelection is ane4pression of the electorateCs restored trust.

(**) &he decision of the $egional &rial 'ourt on appealspertaining to inclusions or e4clusions from the list ofvoters

(#) is inappealable.

(%) is subject to an action for annulment.

(') may be brought straight to the Supreme

'ourt.

( ) is appealable to the 'ommission on 2lections.

(* ) &he e/ual protection clause allows valid classificationof subjects that applies

(#) only to present conditions.

(%) so long as it remains relevant to thegovernment.

(') for a limited period only.

( ) for as long as the problem to be correctede4ists.

(*3) &he 8resident wants to appoint # to the vacant postof #ssociate Eustice of the Supreme 'ourt because of his/ualifications, competence, honesty, and efficiency. %ut# s name is not on the list of nominees that the Eudicialand %ar 'ouncil (E%') submitted to the 8resident. !hatshould the 8resident do"

(#) $e/uest the E%' to consider adding # to thelist.

(%) ecline to appoint from the list.

(') #ppoint from the list.

( ) $eturn the list to E%'.

(*5) 'ourts may still decide cases that have otherwisebecome academic when they involve

(#) the basic interest of people.

(%) petitions for habeas corpus.

(') acts of the 'hief 24ecutive.

( ) 8residential election protests.

(*7) &he right of the State to prosecute crimes byavailable evidence must yield to the right of

(#) the accused against self-incrimination.

(%) another State to e4tradite a fugitive from justice.

(') the State to deport undesirable aliens.

( ) the complainant to drop the case against theaccused.

(*:) # temporary appointee to a public office whobecomes a civil service eligible during his tenure

(#) loses his temporary appointment withoutprejudice to his re-appointment as permanent.

(%) has the right to demand conversion of hisappointment to permanent.

(') automatically becomes a permanentappointee.

( ) retains his temporary appointment.

(*;) pon endorsement from the Senate where it was firstmistakenly filed, the 6ouse of $epresentatives 'ommitteeon Eustice found the verified complaint for impeachmentagainst the 8resident sufficient in form but insufficient insubstance. !ithin the same year, another impeachmentsuit was filed against the 8resident who /uestioned thesame for being violative of the 'onstitution. Is the8resident correct"

(#) +o, AinitiatedA means the #rticles ofImpeachment have been actually filed with theSenate for trialM this did not yet happen.

(%) +o, the first complaint was not deemed

initiated because it was originally filed with theSenate.

(') @es, the dismissal of the first impeachmentproceeding bars the initiation of another duringthe same term of the 8resident.

( ) @es, no impeachment proceeding can be filedagainst the 8resident more than once within ayear.

(*=) &he Solicitor 0eneral declines to institute a civilaction on behalf of a government agency due to hisstrained relation with its head, insisting that the agency s

lawyers can file the action. Is the Solicitor 0eneral correct"

(#) @es, when he deems he cannot harmoniouslyand effectively work with the re/uesting agency.

(%) +o, he must, in choosing whether toprosecute an action, e4ercise his discretionaccording to law and the best interest of theState.

(') @es, as in any lawyer-client relationship, hehas the right to choose whom to serve andrepresent.

( ) +o, the Solicitor 0eneralCs duty to representthe government, its offices and officers ismandatory and absolute.

( >) # department secretary may, with the 8residentCsconsent, initiate his appearance before the Senate or the6ouse of $epresentatives which



(#) must seek the concurrence of the other6ouse before acting.

(%) must hold an e4ecutive session to hear thedepartment secretary.

(') may altogether reject the initiative.

( ) must accept such initiated appearance.

( 1) &he 9etro 9anila evelopment #uthority (99 #)passed a rule authoriBing traffic enforcers to impoundillegally parked vehicles, for the first offense, andconfiscate their registration plates for the second. &he99 # issued this rule to implement a law that authoriBedit to suspend the licenses of drivers who violate trafficrules. Is the 99 # rule valid"

(#) +o, since the 99 # does not have rule-making power.

(%) @es, it is a valid e4ercise of the power ofsubordinate legislation.

(') @es, it is an implicit conse/uence of the lawupon which it acted.

( ) +o, the rule goes beyond the sphere of thelaw.

( *) Senator %ondoc was charged with murder anddetained at the ueBon 'ity Eail. 6e invoked, in seekingleave from the court to a ttend the session of the Senate,his immunity from arrest as a Senator. 6ow should thecourt rule on his motion"

(#) eny the motion unless the Senate issues aresolution certifying to the urgency of hisattendance at its sessions.

(%) 0rant the motion provided he posts bail sincehe is not a flight risk.

(') 0rant the motion so as not to deprive thepeople who elected him their right to berepresented in the Senate.

( ) eny the motion since immunity from arrestdoes not apply to a charge of murder.

( ) ?, an administrative officer in the epartment of Eustice, was charged with grave misconduct and

preventively suspended for => days pending investigation.%ased on the evidence, the Secretary of Eustice found ?guilty as charged and dismissed him from the service.8ending appeal, ?Cs dismissal was e4ecuted.Subse/uently, the 'ivil Service 'ommission ('S')reversed the Secretary s decision and the reversalbecame final and e4ecutory. !hat is the effect of ?Cse4oneration"

(#) ? is entitled to reinstatement and backsalaries both during his => day preventivesuspension and his suspension pending appeal.

(%) ? is entitled to reinstatement and backsalaries corresponding only to the period of delay

caused by those prosecuting the case againsthim.

(') ? is entitled to reinstatement but not to backsalaries on ground of Adamnum abs/ue injuria.A

( ) ? is entitled to reinstatement and backsalaries during his suspension pending appeal.

( 3) 'ourts may dismiss a case on ground of mootnesswhen

(#) the case is premature.

(%) petitioner lacks legal standing.

(') the /uestioned law has been repealed.

( ) the issue of validity of law was not timelyraised.

( 5) #lfredo was elected municipal mayor for consecutive terms. uring his third term, the municipalitybecame a city. #lfredo ran for city mayor during the ne4timmediately succeeding election. Holtaire sought hisdis/ualification citing the term limit for elective officials.!ill HoltaireCs action prosper"

(#) +o, the term limit should not apply to aperson who is running for a new position title.

(%) @es, the term limit applies regardless of anyvoluntary or involuntary interruption in theservice of the local elective official.

(') @es, the term limit uniformly applies to theoffice of mayor, whether for city or municipality.

( ) +o, the term limit should not apply to alocal government unit that has assumed adifferent corporate e4istence.

( 7) In what scenario is an e4tensive search of movingvehicles without warrant valid"

(#) &he police became suspicious on seeingsomething on the car s back seat covered withblanket.

(%) &he police suspected an unfenced lot coveredby rocks and bushes was planted to marijuana.

(') &he police became suspicious when they sawa car believed to be of the same model used bythe killers of a city mayor.

( ) &he driver sped away in his car when thepolice flagged him down at a checkpoint.

( :) 8re-proclamation controversies shall be heard

(#) summarily without need of trial.

(%) through trial by commissioner.

(') e4 parte.

( ) through speedy arbitration.

( ;) !hen the 8resident orders the 'hief of the 8hilippine+ational 8olice to suspend the issuance of permits to carryfirearms outside the residence, the 8resident e4ercises

(#) the power of control.

(%) the 'ommander-in-'hief power.



(') the power of supervision.

( ) the calling out power.

( =) 'arlos, a foreign national was charged with andconvicted of a serious crime in State ? and sentenced tolife imprisonment. 6is country applied for relief with theInternational 'ourt of Eustice (I'E), arguing that State ? didnot inform 'arlos of his right under #rticle 7 of theHienna 'onvention to be accorded legal assistance by hisgovernment. State ?, as signatory to the Hienna'onvention, agreed to I'ECs compulsory jurisdiction over alldisputes regarding the interpretation or application of theHienna 'onvention. I'E ruled that State ? violated itsobligation to provide consular notification to the foreignnationalCs country. I'E also re/uired State ? to review andreconsider the life sentence imposed on the foreignnational. State ? then wrote the nited +ations informingthat it was withdrawing from the ptional 8rotocol onHienna 'onvention and was not bound by the I'E decision.!hat principle of international law did State ? violate"

(#) 8acta Sunt Servanda

(%) #ct of State octrine

(') 8rotective 8rinciple

( ) Eus 'ogens

(3>) #n informer told the police that a &oyota 'ar withplate #%' 1 3 would deliver an unspecified /uantity ofecstacy in Forbes 8ark, 9akati 'ity. &he officers whom thepolice sent to watch the Forbes 8ark gates saw thedescribed car and flagged it down. !hen the driverstopped and lowered his window, an officer saw a guntucked on the driverCs waist. &he officer asked the driverto step out and he did. !hen an officer looked inside thecar, he saw many tablets strewn on the driverCs seat. &hedriver admitted they were ecstacy. Is the search valid"

(#) +o, the rule on warrantless search of movingvehicle does not allow arbitrariness on the part ofthe police.

(%) @es, the police officers had the duty to verifythe truth of the information they got and pursueit to the end.

(') @es, the police acted based on reliableinformation and the fact that an officer saw thedriver carrying a gun.

( ) +o, police officers do not have unbridleddiscretion to conduct a warrantless search ofmoving vehicles.

(31) &he 'ommission on 2lections is an independent bodytasked to enforce all laws relative to the conduct ofelections. 6ence, it may

(#) conduct two kinds of electoral countJ a slowbut official countM and a /uick but unofficialcount.

(%) make an advance and unofficial canvass ofelection returns through electronic transmission.

(') undertake a separate and unofficial tabulationof the results of the election manually.

( ) authoriBe the citiBens arm to use electionreturns for unofficial count.

(3*)&he 8resident may proclaim martial law over aparticular province subject to revocation or e4tension

(#) by 'ongress,subject to ratification by theSupreme 'ourt.

(%) by the Supreme 'ourt.

(') by 'ongress alone

( ) by 'ongress, upon recommendation of therespective Sangguniang 8anlalawigan.

(3 ) uring his incumbency, 8resident 'arlos shot todeath one of his advisers during a heated argument overa game of golf that they were playing. &he deceasedadviser s family filed a case of homicide against 8resident'arlos before the city prosecutor s office. 6e moved todismiss the case, invoking presidential immunity fromsuit. Should the case be dismissed"

(#) @es, his immunity covers his interactions withhis official family, including the deceased adviser.

(%) +o, his immunity covers only work-relatedcrimes.

(') @es, his immunity holds for the wholeduration of his tenure.

( ) +o, his immunity does not cover crimesinvolving moral turpitude.

(33) &he School 8rincipal of $amon 9agsaysay 6ighSchool designated 9aria, her daughter, as public schoolteacher in her school. &he designation was assailed onground of nepotism. Is such designation valid"

(#) +o, because the law prohibits relatives fromworking within the same government unit.

(%) @es, because 9aria s position does not fallwithin the prohibition.

(') +o, because her mother is not thedesignating authority.

( ) +o, because 9aria is related to thesupervising authority within the prohibiteddegree of consanguinity.

(35) &he 8residentCs appointment of an acting secretaryalthough 'ongress is in session is

(#) voidable.

(%) valid.

(') invalid.

( ) unenforceable.

(37) 'ongress passed a bill appropriating 85> million inassistance to locally based television stations subject tothe condition that the amount would be available only in

places where commercial national television stations donot operate. &he 8resident approved the appropriation butvetoed the condition. !as the veto valid"

(#) @es, since the vetoed condition may beseparated from the item.



(%) @es, the 8residentCs veto power is absolute.

(') +o, since the veto amounted to a suppressionof the freedom to communicate throughtelevision.

( ) +o, since the approval of the item carriedwith it the approval of the condition attached toit.

(3:) In the e4ercise of its power of legislative in/uiries andoversight functions, the 6ouse of $epresentatives or theSenate may only ask /uestions

(#) that the official called is willing to answer.

(%) that are relevant to the proposed legislation.

(') to which the witness gave his prior consent.

( ) material to the subject of in/uiry.

(3;) #n ordinance prohibits Anotorious street gangmembersA from loitering in public places. &he police are todisperse them or, if they refuse, place them under arrest.

&he ordinance enumerates which police officers can makearrest and defines street gangs, membership in them, andpublic areas. &he ordinance was challenged for beingvague regarding the meaning of Anotorious street gangmembers.A Is the ordinance valid"

(#) +o, it leaves the public uncertain as to whatconduct it prohibits.

(%) +o, since it discriminates between loitering inpublic places and loitering in private places.

(') @es, it provides fair warning to gang members

prior to arrest regarding their unlawful conduct.

( ) @es, it is sufficiently clear for the public toknow what acts it prohibits.

(3=) &he people may approve or reject a proposal to allowforeign investors to own lands in the 8hilippines throughan electoral process called

(#) referendum.

(%) plebiscite.

(') initiative.

( ) certification.

(5>) !here a candidate for the Senate stated in hiscertificate of candidacy that he is single, when he is verymuch married, though separated, his certificate ofcandidacy

(#) may be canceled.

(%) will subject him to a /uo warranto action.

(') remains valid.

( ) may be denied due course.

(51) # candidate who commits vote buying on 2lectionay itself shall be prosecuted by the

(#) ' 92D2'.

(%) Secretary of Eustice.

(') police and other law enforcement agencies.

( ) 'ity or 8rovincial 8rosecutor.

(5*) # law authoriBed the Secretary of #griculture tore/uire the /uarantine of animals that suffer fromdangerous communicable diseases at such place and forsuch time he deems necessary to prevent their spread.

&he Secretary of #griculture issued a regulation, imposinga penalty of imprisonment for 1> days on personstransporting /uarantined animals without his permission.

&he regulation is

(#) a valid e4ercise of the power of subordinatelegislation.

(%) invalid for being ultra vires.

(') a valid e4ercise of police power.

( ) invalid for being discriminatory.

(5 ) Small-scale utiliBation of natural resources by FilipinocitiBens may be allowed by

(#) 'ongress.

(%) either the Senate or the 6ouse of$epresentatives.

(') the 8resident.

( ) the 8resident with the consent of 'ongress.

(53) !hen the 'ivil Service 'ommission ('S') approvesthe appointment of the 24ecutive irector of the Dand

&ransportation Franchising and $egulatory %oard whopossesses all the prescribed /ualifications, the 'S'performs

(#) a discretionary duty.

(%) a mi4 discretionary and ministerial duty.

(') a ministerial duty.

( ) a rule-making duty.

(55) ?ian and @ani ran for 'ongressman in the samedistrict. uring the canvassing, @ani objected to severalreturns which he said were tampered with. &he board ofcanvassers did not entertain @aniCs objections for lack ofauthority to do so. @ani /uestions the law prohibiting thefiling of pre-proclamation cases involving the election of'ongressmen since the 'onstitution grants ' 92D2'

jurisdiction over all pre-proclamation cases, withoutdistinction. Is @ani correct"

(#) @es, the 'onstitution grants jurisdiction to' 92D2' on all pre-proclamation cases, withoute4ception.

(%) +o, ' 92D2' s jurisdiction over pre-proclamation cases pertains only to elections forregional, provincial, and city officials.



(') +o, ' 92D2' s jurisdiction over pre-proclamation cases does not include those thatmust be brought directly to the courts.

( ) @es, any conflict between the law and the'onstitution relative to ' 92D2'Cs jurisdictionmust be resolved in favor of the 'onstitution.

(57) !hen the Supreme 'ourt nullified the decisions of themilitary tribunal for lack of jurisdiction, it e4cluded fromtheir coverage decisions of ac/uittal where the defendantswere deemed to have ac/uired a vested right. In so doing,the Supreme 'ourt applied

(#) the operative fact doctrine.

(%) the rule against double jeopardy.

(') the doctrine of supervening event.

( ) the orthodo4 doctrine.

(5:) #ccused ? pleaded not guilty to the charge ofhomicide against him. Since he was admitted to bail, they

sent him notices to attend the hearings of his case. %ut hedid not show up, despite notice, in four successivehearings without offering any justification. &heprosecution moved to present evidence in absentia butthe court denied the motion on the ground that theaccused has a right to be present at his trial. Is the courtcorrect"

(#) +o, the court is mandated to hold trial inabsentia when the accused had been arraigned,had notice, and his absence was unjustified.

(%) @es, it remains discretionary on the courtwhether to conduct trial in absentia even if theaccused had been arraigned and had notice and

did not justify his absence.

(') @es, it is within the courtCs discretion todetermine how many postponements it will grantthe accused before trying him in absentia.

( ) +o, the court may reject trial in absentia onlyon grounds of fraud, accident, mistake, ore4cusable negligence.

(5;) Following ' 92D2' 'hairman %ocayCs conviction foracts of corruption in the impeachment proceedings, hewas indicted for plunder before the Sandiganbayan andfound guilty, as charged. 'an he get 8residential pardon

on the plunder case"

(#) +o, plunder is not a pardonable offense.

(%) +o, conviction in a criminal case for the sameacts charged in the impeachment proceedings isnot pardonable.

(') @es, convictions in two different fora for thesame acts, are too harsh that they are notbeyond the reach of the 8resident s pardoningpower.

( ) @es, conviction in court in a criminal action is

subject to the 8residentCs pardoning power.

(5=) # private person constituted by the court ascustodian of property attached to secure a debt sought tobe recovered in a civil proceeding is

(#) a private sheriff.

(%) a public officer.

(') a private warehouseman.

( ) an agent of the party to whom the propertywill ultimately be awarded.

(7>) &he ' 92D2' en banc shall decide a motion forreconsideration of

(#) the 6ouse or $epresentatives and the Senateelectoral tribunals.

(%) the decision of the election registrar.

(') the decision of the ' 92D2' divisioninvolving an election protest.

( ) its own decision involving an election protest.

(71) #dela served as 9ayor of Lasim for * consecutive

terms. n her third term, ' 92D2' ousted her in anelection protest that 0udi, her opponent, filed against her.

&wo years later, 0udi faced recall proceedings and #delaran in the recall election against him. #dela won andserved as 9ayor for 0udiCs remaining term. 'an #dela runagain for 9ayor in the ne4t succeeding election withoutviolating the term limit"

(#) +o, she won the regular mayoralty electionfor two consecutive terms and the recall electionconstitutes her third term.

(%) #. +o, she already won the mayoralty electionfor consecutive terms.

(') @es, her ouster from office in her third terminterrupted the continuity of her service asmayor.

( ) @es, the fresh mandate given her during therecall election erased her dis/ualification for athird term.

(7*) # child born in the nited States to a Filipino motherand an #merican father is

(#) a Filipino citiBen by election.

(%) a repatriated Filipino citiBen.

(') a dual citiBen.

( ) a natural born Filipino citiBen.

(7 ) Involuntary servitude may be re/uired as

(#) part of rehabilitation of one duly charged witha crime.

(%) substitute penalty for one who has been dulytried for a crime.

(') punishment for a crime where one has beenduly convicted.

( ) condition precedent to oneCs validarraignment.



(73) Han sought to dis/ualify 9anresa as congresswomanof the third district of 9anila on the ground that the latteris a greencard holder. %y the time the case was decidedagainst 9anresa, she had already served her full term ascongresswoman. !hat was 9anresaCs status during herincumbency as congresswoman"

(#) She was a de jure officer, having been dulyelected.

(%) She was not a public officer because she hadno valid e4isting public office.

(') She was a de jure officer since she completedher term before she was dis/ualified.

( ) She was a de facto officer since she waselected, served, and her dis/ualification onlycame later.

(75) !hose appointment is + & subject to confirmation bythe 'ommission on #ppointments"

(#) 'hairman of the 'ivil Service 'ommission

(%) 'hief Eustice of the Supreme 'ourt

(') 'hief of Staff of the #rmed Forces of the8hilippines

( ) 24ecutive Secretary

(77) &he system of checks and balances operates when

(#) the 8resident nullifies a conviction in acriminal case by pardoning the offender.

(%) 'ongress increases the budget proposal ofthe 8resident.

(') the 8resident does not release thecountryside development funds to members of'ongress.

( ) 'ongress e4pands the appellate jurisdictionof the Supreme 'ourt, as defined by the'onstitution.

(7:) &he price of staple goods like rice may be regulatedfor the protection of the consuming public through thee4ercise of

(#) power of subordinate legislation.

(%) emergency power.

(') police power.

( ) residual power.

(7;) #ssociate Eustice # retires from the Supreme 'ourt =>days before the forthcoming 8residential election. 9ay theincumbent 8resident still appoint Eustice #Cs successor"

(#) +o, it will violate the 'onstitutional prohibitionagainst midnight appointments.

(%) @es, vacancies in the Supreme 'ourt shouldbe filled within => days from occurrence of thevacancy.

(') @es, vacancies in the Supreme 'ourt shouldbe filled within => days from submission of E%'nominees to the 8resident.

( ) +o, the incumbent 8resident must yield to thechoice of the ne4t 8resident

(7=) &he 8resident may set a limit on the countryCs import/uota in the e4ercise of his

(#) delegated power.

(%) concurring power.

(') residual power.

( ) inherent power.

(:>) #mor sued for annulment of a deed of sale of Dot 1.!hile the case was ongoing, %altaBar, an interested buyer,got a 'ertification from #tty. 'rispin, the 'lerk of 'ourt,that Dot 1 was not involved in any pending case before thecourt. #cting on the certification, the $egister of eedscanceled the notice of lis pendens annotated on Dot 1 s

title. #mor filed a damage suit against #tty. 'rispin butthe latter invoked good faith and immunity from suit foracts relating to his official duty, claiming he was not yetthe 'lerk of 'ourt when #mor filed his action. ecide.

(#) #tty. 'rispin is immune from suit since heenjoys the presumption of regularity ofperformance of public duty.

(%) #tty. 'rispinCs defense is invalid since heissued his certification recklessly withoutchecking the facts.

(') #tty. 'rispinCs defense is valid since he wasunaware of the pendency of the case.

( ) #s 'lerk of 'ourt, #tty. 'rispin enjoysabsolute immunity from suit for acts relating tohis work.

(:1) &he 6ousing and Dand se $egulatory %oard (6D $%)found #tlantic 6omes, Inc. liable in damages arising fromits delayed release of the title to the house and lot that itsold to Eosephine. #tlantic appealed to the ffice of the8resident which rendered a one page decision, affirmingthe attached 6D $% judgment. #tlantic challenges thevalidity of the decision of the ffice of the 8resident fornot stating the facts and the law on which it is based. Isthe challenge correct"

(#) +o, the ffice of the 8resident is governed byits own rules respecting review of cases appealedto it.

(%) @es, the decision of the ffice of the 8residentmust contain its own crafted factual findings andlegal conclusions.

(') @es, administrative due process demands thatthe ffice of the 8resident make findings andconclusions independent of its subordinate.

( ) +o, the ffice of the 8resident is not

precluded from adopting the factual findings andlegal conclusions contained in the 6D $%decision.

(:*) # collision occurred involving a passenger jeepneydriven by Deonardo, a cargo truck driven by Eoseph, and adump truck driven by Dauro but owned by the 'ity of



(%) @es, the order was not a proprietary act of thegovernment.

(') +o, only the president may raise the defenseof immunity from suit.

( ) @es, Secretary 'hua cannot be sued for actsdone in pursuance to his public office.

(;1) #nton was the duly elected 9ayor of &unawi in the

local elections of *>>3. 6e got 51 of all the votes cast.Fourteen months later, Hictoria, who also ran for mayor,filed with the Docal 2lection $egistrar, a petition for recallagainst #nton. &he ' 92D2' approved the petition andset a date for its signing by other /ualified voters in orderto garner at least *5 of the total number of %ar24amination uestionnaire for 8olitical Daw Set #registered voters or total number of those who actuallyvoted during the local election in *>>5, whichever islower. #nton attacked the ' 92D2' resolution for beinginvalid. o you agree with #nton"

(#) +o, the petition, though initiated by just oneperson, may be ratified by at least *5 of thetotal number of registered voters.

(%) +o, the petition, though initiated by just oneperson may be ratified by at least *5 of thosewho actually voted during the *>>3 localelections.

(') @es, the petition should be initiated by atleast *5 of the total number of registeredvoters who actually voted during the *>>3 localelections.

( ) @es,the petition should be initiated by at least*5 of the total number of registered voters of

&unawi.

(;*) sing the description of the supplier of shabu givenby persons who had been arrested earlier for selling it, thepolice conducted a surveillance of the area indicated.!hen they saw a man who fitted the description walkingfrom the apartment to his car, they approached andfrisked him and he did not object. &he search yielded anunlicensed gun tucked on his waist and shabu in his car. Isthe search valid"

(#) +o, the man did not manifest any suspiciousbehavior that would give the police sufficientreason to search him.

(%) @es, the police acted on reliable information

which proved correct when they searched theman and his car.

(') @es, the man should be deemed to havewaived his right to challenge the search when hefailed to object to the frisking.

( ) +o, reliable information alone, absent anyproof beyond reasonable doubt that the man wasactually committing an offense, will not validatethe search.

(; ) # law interfering with the rights of the person meetsthe re/uirements of substantive due process when

(#) the means employed is not against publicpolicy.

(%) it is in accord with the prescribed manner ofenforcement as to time, place, and person.

(') all affected parties are given the chance to beheard.

( ) the interest of the general public, asdistinguished from those of a particular case,re/uires such interference.

(;3) # judge of the $egional &rial 'ourt derives his powersand duties from

(#) statute.

(%) the 8resident, the appointing power.

(') Supreme 'ourt issuances.

( ) the rules of court.

(;5) !hen an elective officialCs preventive suspension willresult in depriving his constituents of his services orrepresentation, the court may

(#) re/uire the investigating body to e4pedite theinvestigation.

(%) hold in abeyance the period of suchsuspension.

(') direct the holding of an election to fill up thetemporary vacancy.

( ) shorten the period of such suspension.

(;7) !hen the State re/uires private cemeteries toreserve 1> of their lots for burial of the poor, it e4ercisesits

(#) eminent domain power.

(%) Boning power.

(') police power.

( ) ta4ing power.

(;:) In the valid e4ercise of management prerogativeconsistent with the companyCs right to protect itseconomic interest, it may prohibit its employees from

(#) joining rallies during their work shift.

(%) marrying employees of competitorcompanies.

(') publicly converging with patrons ofcompetitor companies.

( ) patroniBing the product of competitorcompanies.

(;;) &he 8resident issued an e4ecutive order directing alldepartment heads to secure his consent before agreeingto appear during /uestion hour before 'ongress onmatters pertaining to their departments. Is the e4ecutive

order unconstitutional for suppressing information ofpublic concern"

(#) +o, because those department heads are hisalter egos and he is but e4ercising his rightagainst self-incrimination.



(%) @es, the 8resident cannot control the initiativeof the department heads to conform with theoversight function of 'ongress.

(') @es, the 8resident cannot withhold consent tothe initiative of his department heads as it willviolate the principle of check and balance.

( ) +o, the 8resident has the power to withholdconsent to appearance by his department headsduring /uestion hour.

(;=) !hen the 8resident contracted a personal loan duringhis incumbency, he may be sued for sum of money

(#) during his term of office.

(%) during his tenure of office.

(') after his term of office.

( ) after his tenure of office.

(=>) &he Senate %lue $ibbon 'ommittee summoned ?, aformer department secretary, to shed light on his allegedillicit ac/uisition of properties claimed by the 8residential'ommission on 0ood 0overnment. ? sought to restrainthe 'ommittee from proceeding with its investigationbecause of a pending criminal case against him before theSandiganbayan for ill-gotten wealth involving the sameproperties. ecide. &he investigation may

(#) not be restrained on ground of separation ofpowers.

(%) be restrained on ground of prejudicial/uestion.

(') not be restrained on ground of presumedvalidity of legislative action.

( ) be restrained for being sub judice.

(=1) # government that actually e4ercises power andcontrol as opposed to the true and lawful government is interms of legitimacy

(#) a government of force.

(%) an interim government.

(') a de facto government.

( ) an illegitimate government.

(=*) &he Special 'ommittee on +aturaliBation is headedby

(#) the Secretary of Eustice.

(%) the Secretary of Foreign #ffairs.

(') the +ational Security #dviser.

( ) the Solicitor 0eneral.

(= ) &he 8resident issued 8roclamation =51: declaring astate of emergency and calling the armed forces toimmediately carry out necessary measures to suppressterrorism and lawless violence. In the same proclamation,he directed the governmentCs temporary takeover of the

operations of all privately owned communication utilities,prescribing reasonable terms for the takeover. Is thetakeover valid"

(#) @es, it is an implied power flowing from the8residentCs e4ercise of emergency power.

(%) +o, it is a power reserved for 'ongress alone.

(') @es, subject to ratification by 'ongress.

( ) +o, it is a power e4clusively reserved for the8eopleCs direct action.

(=3) # candidate for Senator must be at least 5 years oldon

(#) the day he is duly proclaimed.

(%) the day the election is held.

(') the day he files his certificate of candidacy.

( ) the day he takes his oath of office.

(=5) &he ffice of the Special 8rosecutor may file aninformation against a public officer for graft

(#) on its own initiative subject to withdrawal ofthe information by the mbudsman.

(%) independently of the mbudsman, e4cept inplunder cases.

(') only when authoriBed by the mbudsman.

( ) independently of the mbudsman.

(=7) Since the 'onstitution is silent as to who can appointthe 'hairman of the 'ommission on 6uman $ights, the8resident appointed ! to that position without submittinghis appointment to the 'ommission on #ppointments forconfirmation. Is ! s appointment by the 8resident valid"

(#) +o, since the position of 'hairman of the'ommission was created by statute, theappointment of its holder re/uires the consent of'ongress.

(%) @es, since the power to appoint in thegovernment, if not lodged elsewhere, belongs tothe 8resident as 'hief 24ecutive.

(') @es, since the power to fill up all governmentpositions mentioned in the 'onstitution has beenlodged in the 8resident.

( ) +o, because absent any e4press authorityunder the 'onstitution, the power to appointdoes not e4ist.

(=:) &he 'hief Eustice appointed ?, the 8resident s sister,as #ssistant 'ourt #dministrator in the Supreme 'ourtduring the 8residentCs tenure. 'laiming that the'onstitution prohibits the appointment in government of a

8resident s relative, a ta4payer asks for its nullification.!ill the challenge prosper"

(#) @es, since the appointment essentiallyviolates the law against nepotism.



(%) @es, because relatives of the 8resident withinthe fourth civil degree cannot be appointed asheads of offices in any department ofgovernment.

(') +o, ?Cs appointment, although in thegovernment, is not in the 24ecutive epartmentthat the 8resident heads.

( ) +o, the position to which ? was appointed isnot among those prohibited under the'onstitution.

(=;)9ay an incumbent Eustice of the Supreme 'ourt bedisbarred as a lawyer"

(#) +o, it will amount to removal.

(%) +o, his membership in the bar is secure.

(') @es, by the Supreme 'ourt itself.

( ) @es, by 'ongress in joint session.

(==) 9ayor Ducia of 'asidsid filed her certificate ofcandidacy for congresswoman of the district covering'asidsid. Still, she continued to act as mayor of 'asidsidwithout collecting her salaries as such. !hen she lost theelection and a new mayor assumed office, she filed anaction to collect the salaries she did not get while servingas mayor even when she ran for congresswoman. Is heraction correct"

(#) +o, salaries can be waived and she waivedthem.

(%) +o, because her acts as de facto officer arevoid insofar as she is concerned.

(') @es, public policy demands that a de factoofficer enjoy the same rights of a de jure officer.

( ) #. @es, it is but just that she be paid for theservice she rendered.

(1>>) ?, a Filipino and @, an #merican, both teach at theInternational Institute in 9anila. &he institute gave ? asalary rate of 81,>>> per hour and @, 81,*5> per hour plushousing, transportation, shipping costs, and leave travelallowance. &he school cited the dislocation factor andlimited tenure of @ to justify his high salary rate andadditional benefits. &he same package was given to theother foreign teachers. &he Filipino teachers assailed suchdifferential treatment, claiming it is discriminatory andviolates the e/ual protection clause. ecide.

(#) &he classification is based on superficialdifferences.

(%) &he classification undermines the AFilipinoFirstA policy.

(') &he distinction is fair considering the burdenof teaching abroad.

( ) &he distinction is substantial and uniformlyapplied to each class.

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