Civil Procedure - Finals

Reconstituted some of the questions in my Civil Procedure Finals under Atty. HMB. 17 October 2009.

1. What is the doctrine of primary jurisdiction?

2. Dante purchased a condominium unit from Mystica Corporation at P11 million. He paid 50% of the price on the condition that on or before 10 January 2009, the condominium shall be fit for occupancy. When Dante came to the Philippines on 15 January 2009, he found that the place has not even been started yet. He filed a case for specific performance and damages against Mystica Corporation before the Regional Trial Court, which rendered judgment in favor of Dante On Appeal, Mystica Corporation contend that the RTC had no jurisdiction because P.D. 957 has specifically vested the same with the HLURB.

(a) Rule on the contention of Dante.
(b) Suppose the appeal was denied, will a certiorari lie?
(c) [another question which I forgot]

3. When is LEAVE OF COURT necessary, and what are the effects if not obtained?

(a) Amendment
(b) Bill of Particulars
(c) Demurrer
(d) Intervention
(e) Deposition pending action

4. Q filed a case for collection of sum of money against "X', "Y" and "Z" for P250,000, P300,000 and P400,000 respectively, at RTC Quezon City. X is an incompetent living with his mother at San Fernando, La Union. Y is a partnership, whose partners have different offices at Makati City. And Z is a foreign corporation doing business in the Philippines without license.

(a) Can there be joinder of parties?
(b) To whom can summonses be served on "X", "Y" and "Z"?
(c) When should they file their respective answers?

5. [forgot the bloody question]

6. KKK attached a parcel of land owned by XXX to answer for his debt. Upon favorable judgment, KKK moved to execute on the attached properties.

(a) In case the property is insufficient, what can XXX do?
(b) [forgot the bloody question]
(c) What are the other remedies of XXX?

7. Distinguish quo warranto under Rule 66 and under the Omnibus Election Code.

8. Defendant filed a motion for leave of court to file a demurrer to the evidence but was denied. The defendant nevertheless filed a demurrer which was granted. On appeal, the demurrer was dismissed by the appellate court and remanded the case to the court a quo for further proceedings. Defendant presented evidence. The court ruled in favor of the defendant, which became final and executory. The plaintiff moved for new trial on the ground of mistake and excusable negligence. Rule on the contention of the plaintiff.

9. A foreclosed the property of B. The court issued the Order of Confirmation, which B questioned in his motion for reconsideration. C, the second mortgagee, sought to redeem the property. The court granted the same based on equity of redemption. Is the court correct?

10. Plaintiff filed a case of unlawful detainer against the defendants. The court ruled in favor of the plaintiff. However, the appeal was perfected and a supersedeas bond was posted. On appeal, the plaintiff sought the issuance of a writ of preliminary mandatory injunction to restore him in possession of the property. Defendants opposed on the grounds that the appellate court has no jurisdiction to issue injunctive reliefs.

(a) Does the appellate court have the power to issue injunctive reliefs?
(b) Suppose the judgment was in favor of the defendant, would your answer be the same?
(c) Suppose the defendant refuses to vacate the property, can he be held liable for contempt?

11. Distinguish direct from indirect contempt.

Insurance - Finals

Reconstituted questions of Atty. MRD's final examinations.

1. Arlene owns a 2,000 square meter land which she subdivided. On one half portion, she built a building and insured the same against fire, with the prohibition against the storage of flammable liquid inside the building or within 20 meters from it. Arlene mortgaged the building and the adjacent land to Bianca, where the latter constructed a gasoline station. Because of Arlene's failure to pay the installments, Bianca foreclosed the property. It was sold at public auction with Bianca as highest bidder. A certificate of sale was issued.

(a) Suppose the property was burned, can Arlene claim from the insurance?
(b) Suppose Arlene assigned the policy to Bianca in the Real Estate Mortgage, can Bianca claim?
(c) Suppose Bianca consolidated title in her name on the property after a year and secured a separate fire insurance. There was a condition in the policy which states that 6 months after getting the policy, Bianca would construct a firewall. 3 months into the policy, a fire broke out and damaged the property. It was later learned that it was caused by faulty wiring. Can Bianca claim?
(d) Suppose the policy is "open", what is the measure of indemnity of the policy?


2. Carlo owns a P2 million vessel, chartered by Dante for consideration of P1 million, to carry the cargoes of Edwin, Fidel and Gardo worth P1 million each. Dante expects to earned P3 million from the transactions.

(a) What can Carlo insure? State the extent of the insurable interests.
(b) What can Dante insure? State the extent of the insurable interests.
(c) Suppose Edwin insured his cargo for P1 million. Due to bad weather, it became necessary to jettison some of Edwin's cargo to save the ship and cargo. Edwin lost P500,000 worth of cargo. Who are liable for the cargo and how much can Edwin claim?
(d) Fidel insured his cargo for P800,000. He lost P200,000 worth of cargo. How much is the insurer liable to pay?
(e) Gardo insured his cargo for P1 million. He lost P500,000 worth of cargo due to fire which came from the kitchen, because the door was negligently left open. Is the insurer liable?


3. What are implied warranties in marine insurance?
4. What are deviations in marine insurance?
5. State the rule of payment in case of over insurance by double insurance.
6. What are the instances when premiums may be returned?

Credit Transactions - Finals

Reconstituted questions of Finals under Atty. MEV, 8 October 2009.

1. Distinguish Insolvency from Bankruptcy. What is permitted of the debtor under the Insolvency Law?
2. Distinguish Special preferred credits from Ordinary preferred credits. What is the rule of preference for specific movable property?
3. Bayan Co. had a mortgage credit from Pilipinas Co. in the amount of P500,000, secured by a 1st chattel mortgage on a property. Bayani Co. also has a credit in the amount of P1,000,000 secured by a 2nd chattel mortgage on the same property. Bayan Co. partially paid P300,000 of his credit with Pilipinas Co. Thereafter, Bayani Agbayani acquired the credit from Pilipinas Co. and increased the credit to P50,000. Who has preference on the mortgaged property, the 2nd mortgagee or the transferee?
4. Aida executed a "Deed of Sale with Assumption of Mortgage" with Adel. In the agreement, for and in consideration of assuming the mortgage and paying the indebtedness of Aida with Asia Trust, Adel shall enjoy possession and enjoyment of the property. Discuss the nature of the contract between Adel and Aida.
5. Discuss the right of redemption in the following circumstances: (a) period the right can be exercised; (b) effect when the right is not exercised; (c) effect when the right is exercised; (d) sale of the property to a third party; and (e) sale is not registered and without the consent of the mortgagee.
6. BONUS: Enumerate the four (4) exceptions to the rule of the divisibility of pledge.
   

After 3 Bar Ops, am I ready to take the Bar?

Am I ready to take the Bar?

That would sum up the questions that a would be lawyer would ask himself as he is nearing the completion of his law studies. Have I studied all the laws that covers the Bar subjects? Have I read the landmark jurisprudence of a particular provision? Have I mastered the basic doctrines of my profession? Is my handwriting legible? Do I sound legally logical enough to merit a mark in the examiners' mind?

Three years ago, I experienced my first Bar Operations. I was just fresh out of college, and I am still adjusting to the rudiments of law school life. As an inductee of TAU KAPPA PHI, we are bound by sacred duty to support the Bar Ops. As I recall, we have 23 barristers in 2007, most of whom I do not know back then. We made rounds at the offices of alumni brods for solicitations to pay for the hotel accommodation of the baristas. We rushed through the hotel floors in the late of night to provide their food and coffee requests. We scurried along the roads of Manila to go to various hotels for last minute tips and find an open photocopy center to reproduce them. We sold t-shirts and jackets to augment the finances of the fraternity, not to mention the personal cost it entailed us, for the food and the drinks at the bar site. At the site, we were serving food and drinks to the alumni brods. I even brought my own lighter and bottle opener to properly serve them. And all through this time, we are either drinking alcohol or are already drunk, with no sleep. That was the taste of my first bar ops, though I never fully understood its deeper meaning.

It was however a different story last year. I personally know four of the 26 barristers who took the 2008 Bar Exams. Although I am not the one taking the exams, I somehow feel what they feel. When they are hungry, I feel their hunger. When they are tired, I share their tiredness. When they want something to drink, I feel like drinking with them. When they are jittery, I feel tensed just the same. When they storm the heavens for answers, I feel the need to pray as well. Thus, I finally understood why we are there. We bore upon ourselves, by a solemn bounden oath to do whatever it takes, to veer them away from all the unnecessary distractions while they are taking the Bar. Participating at the Bar Ops transformed from one of duty, to one of service. What initially started as a pledge became a commitment to aid the barista in his quest to achieve the penultimate goal, an ATTY. at the beginning of one's name.

It is therefore with a clear perspective of what to expect and in no small measure, that at the beginning of the 2009 Bar Exams with 31 barristers up our sleeves, we start the drill again. With 10 inductees and all resident brods, we recited the pledge anew - SUSUPORTAHAN KO ANG BAR OPS! This year, we indeed faced a lot of difficulties. But with strong alumni support, we managed to end the Bar Operations for our barristers with a bang. A professor of mine once said, passing the Bar is the exception, flunking it is the rule. What we now do is to await the results come March 2010 and pray that our barristers proves to be the exception to the rule.

With all my palabras, the question still remains - am I ready for the Bar? I shall know it better, with two more Bar Ops (2010 and 2011) before I take it in 2012. But whilst I wait, I shall help the next set of barristers who I am 100% certain, I have personally met and been acquainted with. And all the while, I study hard and prepare for the toughest professional examination in our country. And to the present and future brods, it is my fervent hope, that they shall help me as well in my bar quest. The rest, I leave to God!

Mabuhay ang 2009 TAU KAPPAN Barristers!

Civil Procedure - Midterms

These are the reconstituted questions for our Midterm Examinations under Atty. HMB.

1. Explain "Jurisdiction is confered by law but is determined by the assertions in the pleading."
2. Jose, a Police Chief Inspector, was conducting surveillance operations at the Pegasus Night Club. On such occasion, he killed someone. He was subsequently charged with Homicide at the Regional Trial Court of Quezon City. After the prosecution rested its case, Jose moved to dismiss the case, contending that it is the Sandiganbayan that has jurisdiction over his case. The RTC ordered the records of the case be forwarded to the Sandiganbayan. The Sandiganbayan did not take cognizance of the case, and remanded it back to the RTC. Was the Sandiganbayan correct?
3. A building inside the "Pamilihang Sentral ng Sta. Mesa" is said to be owned by VCF Enterprises and is rented out to stallholders. Five stallholders of the building found evidence that proves VCF's Title No. 133576, issued by the Register of Deeds of Manila is spurious, questionable and doubtful. In behalf of all stallholders, the five instituted a class suit for cancellation of the title and damages. Is the complaint proper?
4. Ric Bonto entered into three different contracts with Mario (contract of lease), Lirio (contract of mortgage) and Augusto (contract of sale) involving the same parcel of land in Sampaloc, Manila. All violated the terms of their respective agreements. Can Ric Bonto institute a single complaint for all three?
5. Distinguish Primary Jurisdiction from Residual Jurisdiction.
6. Manuel filed a case to compel Doña Trinidad to transfer to him a parcel of land. The trial court ruled in favor of Manuel. The defendant appealed to the Court of Appeals. While on appeal, Doña Trinidad died. The heirs actively pursued the appeal without any formal substitution of parties. The CA affirmed the decision of the trial court. The heirs filed a petition before the Supreme Court claiming that the CA did not acquire jurisdiction on the person of the heirs because there was no formal substitution. (a) Will the petition prosper? (b) Suppose the property was transferred to a third person pendente lite, would the answer be the same?
7. Juan dela Cruz filed a case against Y Company at the Regional Trial Court of San Pablo City. He would like to take the deposition of Pedro Santos, a resident of Lucena City and employee of Y Company, because he was not able to secure a subpoena for him. Pedro refused to give his deposition. Even when the RTC have already issued a subpoena for him, he still refused to appear before the court. (a) What sanctions may be imposed upon Pedro Santos? (b) Suppose his deposition was taken and introduced in part, by the adverse party. May he be considered as his witness?
8. What are the requirements for genuiness and due execution of actionable documents?
9. Monark Corporation filed a case against Asian Construction for collection of sum of money due to the non payment of rentals for leased equipments owned by Monark. Asian Construction moved for leave of court to file Third Party Complaint against Bechtel Company, because it is latter that actually used the leased equipments and did not pay Asian Construction for the use. The Regional Trial Court denied the motion of Asian Construction. (a) Is the RTC correct in dismissing the motion for the filing of a Third Party Complaint? (b) According to the case, what are the requisites for a Third Party Complaint?
10. Jose's brand new Toyota Altis, parked along Batasan Road, Quezon City, was hit by a wayward Izuzu Crosswind. He then filed a case for damages at the Regional Trial Court of Quezon City against: "A", the driver of the Crosswind, who is a resident of Batangas City; "B" the owner of the Crosswind, who is temporarily a resident of Singapore; and "C" a foreign insurance corporation without any agent in the Philippines. Summonses were validly served to them on June 5, 10, and 15, respectively. (a) When must the defendants file their answer? (b) The defendants moved to dismiss the complaint on the ground of: "A" the venue is improper; "B" the court lacks jurisdiction over the subject matter of the case; and "C" the court has not acquired jurisdiction over the person of the defendant. Rule on the defenses.
11. Crispin filed a complaint for collection of sum of money at the Regional Trial Court of Makati for P250,000. Realizing the error, Crispin moved to amend the amount by raising it to P500,000. The court dismissed the motion claiming that it cannot rule on the amendment of the pleading as it has not yet acquired jurisdiction over the case. Is the contention of the RTC valid?
12. On August 1, 2005, Atty. Pepe Santos received a notice of registered mail. Because his family went on vacation from August 4 to 11, 2005 in Bali, Indonesia, he was only able to check the mail on August 21, 2005. He found out that it is a copy of the decision against his client dated July 13, 1999. Can he still appeal the decision?

Insurance - Midterms

These are the reconstituted questions asked in our Midterm Examinations under Atty. MRD.

1. State Section 2 of the Insurance Code.
2. What are the kinds of policies? Define each.
3. What are the exceptions to the change in interest rule?
4. What are the insurable interest of persons?
5. State the effects of the assignment of policies to mortgagor and mortgagee.
6. What is the test of Materiality in Representation?
7. XYZ Corporation is a juridical entity created and duly registered in the Philippines. Majority of its directors are Iraqis. It entered into an insurance contract with Seguro Insurance for its merchant ships in January 1, 2000. On April 1, 2000, the Philippines declared war against Iraq. On June 1, 2000, the war ceased. Thereafter, in July 1, 2000, one of its merchant ships sank of the coast of Africa. Can XYZ Corporation collect from its insurance coverage?
8. Torculo mortgaged his house to Tambunting for P1 million. The value of the house is P2 million. Tambunting later insured the house for P2 million. If the house was lost, how much should the insurer pay Tambunting? Explain.
9. Elisa has a P500,000.00 debt with her best friend Clarissa. Elisa then took a life insurance policy for P1 million, and designated Clarissa as beneficiary. When Elisa died, her executor claimed that only P500,000 should be given to Clarissa, and the remaining amount be credited to Elisa's estate. Is the contention of the executor valid?
10. Manolo was chosen by ACRE Corporation as its President on January 1, 2009. He was taken a life insurance by ACRE as its President. He also lived in a house owned by ACRE, which was subject to a fire insurance coverage because Manolo lived there. On April 1, 2009, Manolo resigned as President. He bought the house he was living in from ACRE. On June 1, 2009, the house burned down, killing Manolo. Can ACRE Corporation collect from the insurance policies of Manolo and the house?
11. A boyfriend took a P10 million life insurance policy on his life and designated his girlfriend as the beneficiary. After some time, the boyfriend wanted to change the beneficiary because he alleged that his girlfriend committed infidelity. The girlfriend opposed on the ground that she has already acquired vested interest in the policy. Is the contention of the girlfriend correct?
12. Pedro took a life insurance policy on his life in January 1, 2005, and named his son Juan as beneficiary. On December 30, 2006, Pedro wanted to change the beneficiary because the son has allegedly been hooked on illegal drugs. A year later, on December 30, 2007, Pedro died of cancer. In the application for insurance filled by Pedro with the agent of the insurance company, he concealed the fact that he was diagnosed with cancer. Meanwhile, the heirs of Pedro filed a case for collection of the insurance coverage with the courts. The insurance company denied liability, citing the defense of concealment. Rule.
13. Minda, a laundry woman, took a life insurance policy on her life. On her application in January 1, 2009, she answered "NO" in the question, "Are you suffering from any ailments or diseases in the stomach, liver, kidneys and intestine?" On August 1, 2009, she died of kidney cancer. The insurance company denied liability claiming concealment. Decide.
14. Gregorio owned a building worth P5 million. He had a P3 million loan from Andres. How much can Andres insure the building? Can Gregorio assign the policy to Andres, and likewise, what are the effects?

Credit Transactions - Midterms

These are the reconstituted questions of the Midterm Examinations under Atty. MEV.

1. State the ruling in the case of Eastern Shipping Lines v. CA and relate it to the ruling in the case of State Investment House v. CA.
2. What is a warehouse receipt? Give its definition and nature.
3. What are the elements of usury?
4. Amado and Amanda
5. Distinguish sub-guarantee from indefinite guaranty.
6. When can a bailor in commodatum demand at will?
7. How does a sub-guarantor avail of the benefits of excussion and division?
8. Why is the doctrine strictisimi juris applied in accomodation surety?
9. A secured a loan from B in the amount of P10,000,000.00 with 6% interest on January 1, 2006. A defaulted in the payment of the loan. B filed an action for collection of a sum of money on February 10, 2009. How much interest shall be paid?
10. State the ruling in the case of Cebu International Financial Corporation v. CA.

Bonus Question: What is the meaning of credit transactions?

Negotiable Instruments - Midterms

Because I am quite lazy as of press time, I just scanned my Midterm Examinations booklet. Just check my answers.

Answer to Question 1.a.

Answer to Question 1.b.

Answer to Question 2.a.

Answer to Question 2.b.

Answer to Question 3.a.

Answer to Question 3.b.

Answer to Question 4.a.

Answer to Question 4.b.

Answer to Question 5.a.

Answer to Question 5.b.

ALSA Forum Manila 2009

From 2 August to 9 August 2009, Manila shall be the venue of the International Forum of the Asian Law Students Association (ALSA). The venue of the event shall be at the Bayview Park Hotel Manila. During the said period, law students from 9 countries (Bangladesh, China, Hong Kong, Indonesia, Japan, Malaysia, Philippines, South Korea and Thailand) shall converge to our capital city and discuss the laws of their respective countries vis-a-vis the theme "Adequacy of Anti-Discriminatory Laws in Asia: Responses to Current Discriminatory Practices Faced by the Region."

For more information, please check:

Asian Forum 2009 Official Website

http://www.alsa-asianforum.110mb.com/

Republic Act No. 7662 - Legal Education Reform Act of 1993

AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES.

Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993."


Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to infuse in them the ethics of the legal profession; to impress on them the importance, nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the administration of justice and to develop social competence.

Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper selection of law students, maintain quality among law schools, and require legal apprenticeship and continuing legal education.

Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is geared to attain the following objectives:

(1) to prepare students for the practice of law;

(2) to increase awareness among members of the legal profession of the needs of the poor, deprived and oppressed sectors of society;

(3) to train persons for leadership;

(4) to contribute towards the promotion and advancement of justice and the improvement of its administration, the legal system and legal institutions in the light of the historical and contemporary development of law in the Philippines and in other countries.

(b) Legal education shall aim to accomplish the following specific objectives:

(1) to impart among law students a broad knowledge of law and its various fields and of legal institutions;

(2) to enhance their legal research abilities to enable them to analyze, articulate and apply the law effectively, as well as to allowthem to have a holistic approach to legal problems and issues;

(3) to prepare law students for advocacy, counselling, problem-solving and decision-making, and to develop their ability to deal with recognized legal problems of the present and the future;

(4) to develop competence in any field of law as is necessary for gainful employment or sufficient as a foundation for future training beyond the basic professional degree, and to develop in them the desire and capacity for continuing study and self-improvement;

(5) to inculcate in them the ethics and responsibilities of the legal profession; and

(6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere to its ethical norms.

Section 4. Legal Education Board; Creation and Composition. - To carry out the purpose of this Act, there is hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary purposes and administrative support to the Department of Education, Culture and Sports.

The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or Court of Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines (IBP); a representative of the Philippine Association of Law Schools (PALS); a representative from the ranks of active law practitioners; and, a representative from the law students' sector. The Secretary of the Department of Education, Culture and Sports, or his representative, shall be an ex officio member of the Board.

With the exception of the representative of the law students' sector, the Chairman and regular members of the Board must be natural-born citizen of the Philippines and members of the Philippine Bar, who have been engaged for at least ten (10) years in the practice of law, as well as in the teaching of law in a duly authorized or recognized law school.

Section 5. Term of Office; Compensation. - The Chairman and regular members of the Board shall be appointed by the President for a term of five (5) years without reappointment from a list of at least three (3) nominees prepared, with prior authorization from the Supreme Court, by the Judicial and Bar Council, for every position or vacancy, and no such appointment shall need confirmation by the Commission on Appointments. Of those first appointed, the Chairman and the representative of the IBP shall hold office for five (5) years, the representatives of the PALS and the PALP, for three (3) years; and the representative from the ranks of active law practitioners and the representative of the law students' sector, for one (1) year, without reappointment. Appointments to any vacancy shall be only for the unexpire portion of the term of the predecessor.

The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and members, respectively, of the Constitutional Commissions: Provided, That their salaries shall not be diminished during their term of office.

Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the necessary office and staff support to the Board, with a principal office to be located in Metropolitan Manila.

The Board may appoint such other officers and employees it may deem necessary in the performanceof its powers and functions.

Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board shall havethe following powers and functions:

(a) to administer the legal education system in the country in a manner consistent with the provisions of this Act;

(b) to supervise the law schools in the country, consistent with its powers and functions as herein enumerated;

(c) to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning;

(d) to accredit law schools that meet the standards of accreditation;

(e) to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty members;

(f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different levels of accreditation status;

(g) to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar.

(h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and

(i) to perform such other functions and prescribe such rules and regulations necessary for the attainment of the policies and objectives of this Act.

Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless accredited by the Board. Accreditation of law schools may be granted only to educational institutions recognized by the Government.

Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the accreditation status of a law school if it fails to maintain the standards set for its accreditation status.

Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or downgrading of accreditation status shall be effetive after the lapse ofthe semester or trimester following the receipt by the school of the notice of withdrawal or downgrading unless, in the meantime, the school meets and/or upgrades the standards or corrects the deficiencies upon which the withdrawal or downgrading of the accreditation status is based.

Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as the Legal Education Fund, which shall be under the control of the Board, and administered as a separate fund by the Social Security System (SSS) which shall invest the same with due and prudent regard to its solvency, safety and liquidity.

The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated pursuant to paragraph 2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by every lawyer effective Fiscal Year 1994; and from such donations, legacies, grant-in-aid and other forms of contributions received by the Board for the purposes of this Act.

Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used exclusively for the purposes of this Act, including support for faculty development grants, professorial chairs, library improvements and similar programs for the advancement of law teaching and education in accredited law schools.

The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding ten percent (10%) of the interest on the Fund shall be utilized.

The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the collection, administration and utilization of the Fund.

Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which are presently under the supervision of the Department of Education, Culture and Sports. Hereafter, said supervision shall be transferred to the Board. Law schools and colleges which shall be established following the approval of this Act shall likewise be covered.

Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to be charged against the current year's appropriation of the Contingent Fund for the initial expenses of the Board.

To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the Department of Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal Year 1994.

Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the application thereof to any person, circumstance or transaction is held invalid, the validity of the remaining provisions of this Act and the applicability of such provisions to other persons, circumstances and transactions shall not be affected thereby.

Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or parts thereof inconsistent with this Act is hereby repealed or amended accordingly.

Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in any two (2) newspapers of general circulation.


Approved: 23 December 1993.

Resignation as 2nd Year Batch Representative

Far Eastern University

Sampaloc, Manila

INSTITUTE OF LAW STUDENT COUNCIL

13 October 2008

JOHN PHILIP ONG CABUGAO

President

Institute of Law Student Council

A.Y. 2008 - 2009

Dear President Cabugao,

Good day!

In accordance with the provisions of the Institute of Law Student Council Constitution, I am tendering my resignation as 2nd Year Batch Representative for the Academic Year 2008-2009, effective immediately.

As you may have already been aware of my reason, I am taking a six (6) months leave of absence from law school to be with my family in the United Kingdom (Application for Leave of Absence attached herewith). It has been almost four (4) years since I last saw them and I would like to take this chance to spend Christmas with my family, as well as take a break from law school. I have weighed the advantages and disadvantages of my decision, and it is with a heavy heart, but with a firm resolve, that I am voluntarily surrendering my elected mandate to serve and represent my batchmates in the Student Council. I would not have wanted to fail those who trusted me, but I sincerely hope that during my short stint as an official of the student body, I have helped them in whatever capacity I could. 

On a personal note, I am very much privileged to have served the student council with a dynamic team under your able leadership. Parvum in parvo! I hope that you continue to endeavor programs and projects that are beneficial to the law studentry. You can expect my batch to be supportive of your plans always.

Again, my sincerest thanks and God speed to you. Please extend my gratitude to Janine, Jimmy, Jayd, Pepe, Ecoy, Chelle and Charlie.

Truly yours,

(Sgd.)

IAN DELA CRUZ ENCARNACION

Outgoing 2nd Year Batch Representative

Institute of Law Student Council

1st Semester, A.Y. 2008 - 2009

cc: 

1. IL Dean's Office
2. Class Beadles, LLB4201, LLB4202, LLB4203
3. File

Sem break na!

Whew!

After five months, I have made it through! After another round of grueling and grilling recitations and examinations, my life and stay as a Second Year Law student has reached the halfway mark. Well, I shall be on an extended vacation, as I am going to the United Kingdom for the Christmas break, hopefully having a British visa before the end of the month.

Anyways, just wanna shout it out! Sarap ng buhay! So to my classmates and batchmates, I guess mahuhuli ako ng kaunti sa inyo. Sa mga brods at sis, galingan niyo sa recruitment (as of 1st Semester, 7-0 run and 7-1 run, respectively). Sa RPM, till next inuman session, baka pag-uwi ko na. Sa student council peeps, good luck sa second sem projects.

See you all soon!

Administrative Law, Election Law and Law on Public Corporations - Finals

Far Eastern University
Institute of Law
Manila 

Administrative Law, Election Law, and Law on Public Corporations

First Semester, October 2008                         Atty. BMGJr.

FINAL EXAMINATION

I

 With the objectives of protecting the environment and pursuing sustainable development, the sangguniang bayan of Sariaya, Quezon approved an ordinance absolutely prohibiting the cutting of coconut trees within its entire territorial jurisdiction for a period of seven (7) years. This was based on scientific findings that ‘a certain hybrid of coconut, if planted to replace cut old trees, will fully mature in only seven years. The local legislation was questioned for being unconstitutional as it allegedly deprives coconut farmers and businessmen of their lawful means of livelihood.

 Resolve the case.

II

 The provincial board of Bohol promulgated. a resolution “expressing the province’s policy of objecting. to all forms of gambling, including: lotto, Within its territorial, jurisdiction. This is in line, with the LGU’s thrust of promoting, itself as a “character community” that is free from all kinds of vices. A private individual applied for permit to operate a lotto outlet in Dauis, Bohol, but the municipal mayor refused to grant the  permit, citing the resolution of the provincial board.

 Is the decision of the mayor legally sustainable?

III

 The local government of Batac, Ilocos Norte authorized some 200 destitute residents to use the town plaza as a tiangge so that they can have a decent means of livelihood. The local officials justified the action by arguing that the LGU has a duty to protect its inhabitants and promote their welfare by providing them with effective ways to lawfully earn a living.

 Discuss the legal merits of the local government’s action.

IV

 The sangguniang panlungsod of Davao City enacted. an ordinance ‘prohibiting the establishment or operation of businesses providing, certain forms of amusement, entertainment, service, and facilities in the downtown area and prescribing penalties for the violation thereof.” Invoking the police power, the city council sought the protection of the community’s morals by arresting the social ills allegedly nurtured by deceptively legitimate bars, girlie houses, cocktail lounges, and motels, which provide an  atmosphere cOnducive to prostitution, adultery, and fornication.

 Rule on the validity of the ordinance.

V

 The MMDA issued an. order to dismantle all commercial billboards, indiscriminate displays, signage, and other forms of advertisement at the MRT-3 along EDSA. Invoking public interest, the metropolitan body ratiocinated that the random instaflation of commercial billboards, banners and signage in the MRT's stations, railway structures, carriageway, and in its 73 train coaches was illegal and improper. This was assailed by a private advertising company which had an existing contract for advertising services with the MRT Corporation, on the grounds that: (a) the MMDA cannot exercise police power; and (b) public interest cannot be invoked to defeat due process and violate vested rights of private parties under a valid contract.

 Whose contention is correct?

VI

 Explain fully the concept and nature of suffrage, including the different schools of thought on the right of suffrage.

VII

 Dimas and Eistas are both members of the Partido Lahing Pilipino (PLP) and both vying for the position of mayor of Bonifacio City. Since neither would give way to the other, the party was divided into two factions. The party president declared.,Dimas as official candidate while the party secretary general proclaimed Eistas as PLP standard-bearer. Dimas questioned the nomination of Eistas before the RTC while Eistas filed a similar case With the COMELEC.

 Which case will prosper?

VIII

 Distinguish “residence” and “domicile”.

IX

 Gelvezon was the frontrunner among the candidates for vice mayor of Angeles City, Pampanga. He was proclaimed by the board ofcanvassers in spite of a pending petition filed by the board of election inspectors for the correction of inadvertent clerical errors in the election returns. The other candidates filed a case of annulment of proclamation before the COMELEC; but Gelvezon argued that the commission’s powers do not include the authority to annul elections.

 Decide the case.

X

 What are the issues that may be raised in a pre-proclamation controversy?

Criminal Procedure - Finals

CRIMINAL PROCEDURE
FINAL EXAMS, OCTOBER 1O, 2008
FEU-LAW

1. Explain the Time Bar Rule (20 pts.)

2. X was charged with Homicide in the RTC of Manila. After X’s plea of Not Guilty, the Prosecution presented its evidence and formally offered its exhibits. Before admitting or objecting to the exhibits offered by the Prosecution, X moved that the case be dismissed on the ground of insufficiency of evidence. The RTC denied the Motion. Thereafter, X called his first witness to the stand. The Prosecution objected, contending that X waived his right to present evidence since he never asked leave of court to demur to the Prosecution’s evidence. Decide with reason (20 pts).

3. X was charged with Homicide before the RTC of Quezon City. Through counsel, he filed a Petition for Bail. Without conducting hearing on the Petition and without giving the Prosecution opportunity to Comment, the Judge granted bail to X after evaluating the evidence on record which tended to show that the evidence of guilt was not strong.

a. Was the procedure followed by the Judge correct? Justify.

b. Suppose X, after trial, was found guilty of murder and sentenced to reclusion perpetua and he appealed to the Supreme Court, is he entitled to bail during the pendency of his appeal? Justify.

c. Suppose X was convicted of Homicide and was sentenced to reclusion temporal and he appealed to the Court of Appeals, is he entitled to bail during the pendency of such appeal? Justify (20 pts.).

4. a. X was charged with Estafa and pleaded Not Guilty. Thereafter, the Prosecution repeatedly sought and obtained postponements over the objection of the accused. At the succeeding hearing, the Prosecution again sought postponement on the ground that its only witness was out of the Country. If you were X’s counsel, what remedy wIll you avail of to finally cause a dismissal of the case?

b. The Information filed against X charged Estafa and Falsification of Public Document. X has not yet been arraigned. As X’s lawyer, will you file a Motion to Quash or a Motion for Bill of Particulars? Justify. (20 pts.)

5. Give a flow chart of appeal in criminal cases from the MTC to the Supreme Court (20 pts.).

Alternative Dispute Resolution - Finals

Reconstituted final examination in Alternative Dispute Resolution:

I. TRUE or FALSE

1. Under the "look and sniff" doctrine, the arbitrator need not apply his expertise.
2. The parties to an arbitration asked the Regional Trial Court to refer them to arbitration as per their agreement, despite the presence of thrid party claimants to the contract.
3. American jurisprudence can be of aid to Philippine arbitral tribunals in rendering an award as to Model Law.
4.  

II. ANSWER IN NOT MORE THAN FIVE LINES.

1. A provision in the arbitral agreement states that the Regional Trial Court may modify an award if the same is not in accord with law. Valid?
2. You are the sole arbitrator. One of the parties failed to attend the preliminary conference to draft the Terms of Reference. It is undisputed that the absent party was duly notified of and was given an agenda of the topics to be decided upon. Would you proceed with the preliminary conference?
3. Article 2044 of the New Civil Code states: "Any stipulation that the arbitrators' award or decision shall be final, is valid xxx." Is it in accordance with the traditional definition of arbitration?
4. The parties agreed that the decision for the awards rendered by the arbitral tribunal need not include the reasons thereof. Is the agreement valid?

III. OBJECTIVES

1. Give at least 5 circumstances in the Model Law that allows for court interference in arbitral proceedings.
2. Distinguish consensual arbitration from statutory arbitration.

General Principles in Statutory Construction

This is for Pan and the freshman law students who thought Statutory Construction's difficult! Just wanna help you guys, this made it a lot easier for me.

1. Statutes must be read and construed as a whole.
2. Legislative intent must be ascertained from the statute as a whole.
3. Courts have the duty to reconcile or harmonize the different provisions of the statute, including the conflicting provisions thereof.
4. As a rule, statute of later date prevails.
5. Generalia specialibus non derogant.
6. A special law prevails over a general law.
7. In Pari Materia Rule.
8. In interpreting reenacted statutes, the court will follow the construction which such statute previously received.
9. In case of adopted statutes, the interpretation of the courts of the state from which it is adopted should be considered and respected.
10. In case of conflict between a common law principle and a statutory principle, the latter prevails.

And as defined by Caltex Philippines, Inc. v. Palomar, L-19650, September 29, 1966, "statutory construction is the act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application in a given case, where that intention is rendered doubtful among others, by reason of the fact that the given case is not explicitly provided for in the law."

Sales - Finals

FINAL EXAMS IN SALES



I

Juliet offered to sell her house and lot, together with all the furniture and appliances therein, to Dehlma. Before agreeing to purchase the property, Dehlma went to the Register of Deeds to verify Juliet’s title. She discovered that while the property was registered in Juliet’s name, it was mortgaged to Elaine to secure a debt of P80,000.00. Wanting to buy the property, Dehlma told Juliet to redeem the property from Elaine, and gave her an advance payment to be used for purposes of releasing the mortgage on the property. When the mortgage was released, Juliet and Dehlma executed a deed of sale. The sale was duly registered and a new TCT was issued in the name of Dehlma. Immediately, Dehlma took possession of the house and lot. Later, however, when Dehlma went to the Assessor’s office to get a new tax declaration, she discovered that the same property was already declared for tax purposes by XYZ Bank who was a buyer in the foreclosure sale. At that time, the property was not yet registered in Dehlma’s name so XYZ succeeded in registering the Sheriff’s Deed of Conveyance in its name.

Who as between Dehlma and XYZ Bank has a better right to the house and lot? (10 points)

II

Filemon and Edna Garcia are newlyweds. They bought a house last month in Antipolo City. They examined the house twice before agreeing to buy the same for P450,000.00. One week after moving in, a storm hit Antipolo City. During the storm, the Spouses Garcia discovered not less than ten leaks in the ceiling.

 (a) Can they sue the seller for breach of warranty? (5 points)

 (b) Will your previous answer he the same if Filemon and Edna Garcia were merely leasing the house? (5 points)

III

Michael is 18 years old. His next-door neighbor Larry, a 12-year old boy, offered to sell him a Portable Playstation for P8,500.00 which Michael accepted. Upon seeing the PSP, Michael’s father took it and returned the same to Larry’s father and asked for the return of the P8,500.00.

May Michael’s father validly demand the return of the P8,500.00? (10 points)

IV

A foreign manufacturer of computers and a Philippine distributor entered into a contract whereby the distributor agreed to order 1,000 units of the manufacturer’s computers every month and to resell them in the Philippines at the manufacturer’s suggested prices plus 10%. All unsold units at the end of the year shall be bought back by the manufacturer at the same price they were ordered. The manufacturer shall hold the distributor free and harmless from any claim for defects in the units.

Is the agreement one for sale or agency? (10 points)

V

Using a falsified manager’s check, Julia, bought a Toyota car from United Car  Sales. The car was delivered the same day. When the seller presented the check for payment, the check bounced. Unfortunately, Julia was nowhere to be found. Meanwhile, the car had been sold and delivered by Julia to Romeo, who knew nothing about the falsified check. When this was learned by United Car Sales, it filed an action for recovery of the car against Romeo.

Should the suit prosper? (10 points)

VI

Differentiate a sale of real property for a lump sum and a sale of real property in unit measure. (10 points)

VII

In December 2006, Ed Ruiz and Wallace Industries executed a Deed of Conditional Sale wherein the former agreed to sell his 5 hectare land to the latter for the price of PlO million payable P6 million down and the balance 60 days after the squatters in the property have been removed by Ed Ruiz. Subsequently, Ed Ruiz filed ejectment suits against the squatters, but in spite of the decisions in his favor, the squatters would not vacate. Thus, Ed Ruiz offered to return the P6 million downpayment to Wallace Industries due to his inability to remove the squatters. When Wallace Industries refused, Ed Ruiz consigned the money in court and filed a case for judicial rescission.

Is the action for rescission meritorious? (10 points)

VIII

Ermelinda is a single mother of six. She owns a real property situated in Sta. Maria, Bulacan. In 2001, she mortgaged the property to her friend, Arlene, as security for a loan in the amount of P500,000.00. One year later, when Ermelinda could not pay for the loan, she and Arlene executed a Deed of Absolute Sale with Right of Repurchase over the mortgaged property, for a consideration of P300,000.00.

(a) In law and equity, what is the nature of the contract entered into by Ermelinda and Arlene? Why? (5 points)

(b) In case the sale is annulled by the court, what can Arlene do to protect her interests? (5 points)

IX

It’s SM’s 3-day Sale once again. While shopping, you found a blazer with a price tag of P199.95. When you went to pay for it, the cashier said it cost P799.95. Should the store sell the blazer to you for the price marked on the tag? (10 points)

X

(a) What is legal redemption? (5 points)

(b) What are the requisites for the exercise of legal redemption by a co-owner? (5 points)

Property - Finals

As usual, I have reconstituted the questions for the Final Exams in Property under former Associate Dean TLC.

Nota Bene:

I have no longer included the questions for Items True or False; and Multiple Choice, they are quite long.

III.

State the number of co-cowners that must give their consent. (10%)

a. repairs for preservation

b. ejectment

c. alterations

d. useful improvements

e. acts of administration

IV.

A. John and Jane are the co-owners of a party wall.

1. If John constructs a window on the party wall in 1996, what is the period when Jane may close the window? Explain. (5%)

2. Would the answer be the same if John opens a window on his own wall that does not extend over the property of Jane? Explain. (5%)

B. Joey owns a parcel of land enclosed by the estates of Tommy, Sammy and Vahl. He is demanding a compulsary right of way over the property of Tommy, which was proven to be the shortest way to the public highway. Tommy contends that compulsary right of way should be over the property of Vahl, who sold Joey the property. It was proven that the right of way over Vahl's property is longer than that of Tommy, but is least prejudicial to the servient estate.

1. What are the requisites of a compulsary easement of right of way? (10%)

2. On whose property should the right of way be constituted? Explain. (5%)

V.

Distinguish. (10%)

1. Nuisance per se and nuisance per accidens.

2. Servient estate and dominant estate.

VI.

State the remedies for a public nuisance. (5%)

VII.

1. For the love, care and affection to her niece Ayn, Carolina wants to donate a 1,000 sq. m. house and lot. Advise her on the formalities in order that it become a valid donation inter vivos. (10%)

2. Rosalie was very happy because her sister Rosemarie, who was married for many years, got pregnant for the first time. Rosalie donated P100,000 in favor of the baby. They were very happy talking about it, shopping for the child's clothes. The baby was born after 7 1/2 months but died within 24 hours. 

Can Rosalie get back the P100,000? Explain. (10%)

VIII.

Belinda owns a mango tree near the property of Amalia. (10%)

1. Can Amalia get the fruits still on the branches? Explain.

2. Can Amalia cut off the branches that extends over her property? Explain.

3. Can Amalia cut off the roots that intrudes into her property? Explain.

Prayer to Saint Thomas More - Patron Saint of Lawyers

Saint Thomas More

(7 February 1478 – 6 July 1535)

Philosopher, Statesman, Lawyer

PRAYER

Thomas More, Counselor of law and statesman of integrity, merry martyr and most human of saints:

Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. 

Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen.

Criminal Procedure - Midterms

CRIMINALS PROCEDURE
MID-TERM EXAMS, FEU
AUG. 9, 2008

1.A. Define criminal jurisdiction of the Courts.

   B. Distinguish criminal jurisdiction from venue in criminal cases (10 pts.)

2. Explain Doctrine of Adherence of jurisdiction and illustrate (10 pts.)

3. State the rule on interruption of the period of prescription of the offense (10 pts.)

4.A. What is a crime that cannot be prosecuted de oficio;

   B. Is Defamation always a crime that cannot be prosecuted de officio? Explain (15 pts.)

5.A. An accused is charged in one Information for assaulting 3 persons by different acts while they were asleep. Is the Information duplicitous? Justify.

   B. X is charged under a single Information for having killed on the same occasion of robbery 4 persons. Is the information duplicitous? Justify (10 pts)

6. X is charged with Estafa for failure to remit to Y sums of money collected by him (X) from Y, and instead, X deposited the money in his personal bank account. X filed a Motion to Suspend the proceeding pending resolution of the civil case earlier filed by him in court against Y for accounting and damages, involving the amount subject of the Estafa case. Is there a prejudicial question? Justify (20 pts.)

7. X was convicted of serious physical injuries inflicted Y. He appealed but during the pendency of his appeal, he died.

A. What is the effect of Y's death on his criminal liability?

B. What is th effect cf his death on his civil liability based solely on his crminal act?

C. What is the effect of his death on his civil liability based on quasi-delict or tort?

D. What is the effect of his death if in the cnminal case, Y did not make necessary reservation to file separate civil action for damages?

E. What is the effect of his death if Y reserved his right to file a separate civil action but had not yet done so when X died?

Explain your answer (25 pts.)