bar quest

1. Todays question is on the subject Local Government...

Can the province of Pampanga disallow the operations of lotto in the province on the basis of a local ordinance prohibiting gambling?

a.No, the province exercise delegated legislative power which is not superior to that of the national government

b. No, the province has no regulatory powers over gambling which is within the sphere of the national government

No, the province cannot enact ordinances over subject matters which are regulated by the national government

c. No, the province has no power to define an offense which is within the province of the national legislative body

Lina vs Dizon Pano, G. R. No. 129093, August 30, 2001This statute remains valid today. While lotto is clearly a game of chance, the national government deems it wise and proper to permit it. Hence, the Sangguniang Panlalawigan of Laguna, a local government unit, cannot issue a resolution or an ordinance that would seek to prohibit permits. Stated otherwise, what the national legislature expressly allows by law, such as lotto, a provincial board may not disallow by ordinance or resolution.In our system of government, the power of local government units to legislate and enact ordinances and resolutions is merely a delegated power coming from Congress.

2. A person who receives and use a fictitious wireless message, knowing that the same is fictitious, is criminally liable for Use of Falsified Messages provided that

a.there is an intent to cause damage

b. there is justifiable reason to use the same

c.the message is not libelous

d. there is publication

RPCArt. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same.Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree. ?

3. Todays question is on the subject Banking Laws...

The Bangko Sentral has the responsibility to provide policy directions in

a. money, banking and insurance

b. money, finances and credit

c. d. money, foreign exchange and credit

d. money, banking and credit

The New Central Bank ActSEC. 3. Responsibility and Primary Objective. _ The Bangko Sentral shall provide policy directions in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as provided in this Act and other pertinent laws over the operations of finance companies and non-bank financial institutions performing quasi-banking functions, hereafter referred to as quasi- banks, and institutions performing similar functions.

The primary objective of the Bangko Sentral is to maintain price stability conducive to a balanced and sustainable growth of the economy. It shall also promote and maintain monetary stability and the convertibility of the peso.

4. Todays question is on the subject Election Laws...

What is the campaign period for Senators?

a. 100 days before election

b. 80 days before elections

c. 90 days before election

d. 75 days before election

RA 7166Section 5. Election and Campaign Period. - Unless otherwise fixed by the Commission, the election period for the May 11, 1992 regular elections shall commence ninety (90) days before the day of the election and shall end thirty (30) days thereafter. The campaign periods are hereby fixed as follows:(a) For President, Vice-President and Senators, ninety (90) days before the day of the election; and (b) For Members of the House of Representatives and elective provincial, city and municipal officials, forty-five (45) days before the day of the election.

5. Todays question is on the subject Special Criminal Laws...

The conspiracy to commit an importation of illegal drugs is

a. punished by the same penalty as the consummated crime

b. considered a special mitigating circumstance

c. penalized one degree lower than the consummated crime

d. penalized two degrees lower than the consummated crime

RA 9165

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act:(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and(e) Cultivation or culture of plants which are sources of dangerous drugs.

6. Todays question is on the subject Labor Standards...

Lectures for the employees is not considered working time when the attendance is voluntary, the attendance is beyond the regular working hours and

a. The lecture is not directly related to the duties of the employee

b. The employee is reimbursed for all expenses incurred

c. The employer is also invited to attend the seminard.

The employee does not perform productive work during the seminar

For lectures and meetings to be compensable all of the following conditions must be present: 1. Attendance is outside of the employers regular working hours 2. Attendance is in fact voluntary and 3. The employee does not perform any productive work during such attendance.

7. Todays question is on the subject Public International Law...

Applying the rules under the UNCLOS, the maximum length of the baselines of an archipelagic state is

a. 125 nautical miles

b. 150 nautical miles

c. 130 miles

d. 125 miles

United Nations Convention on the Law of the SeaArticle 47. Archipelagic baselines x x x2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. x x x

8. Todays question is on the subject Torts and Damages...

a. A person is liable for all damages in a breach of contract when

b. there is fraud, bad faith, malice or reckless attitude

c. there is fraud, bad faith, malice or wanton attitude

d. there is fraud, bad faith, malice or intent to cause damage

e. the subject matter of the contract is totally lost

Civil CodeArticle 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. (1107a)

9. Todays question is on the subject Labor Relations...

a. A cancellation of the registration of any legitimate labor organization may be done by

b. The Bureau of Labor Relations upon a complaint

c. The Regional Office after hearing

d. The Bureau of Labor Relations after hearing

e. The DOLE after hearing

The certificate of registration of any legitimate labor organization, whether national or local, may be cancelled by the BLR, after due hearing, only on the grounds specified in Art. 239. (as amended by R.A. 9481)


[BAR 2011] The employees' union in San Joaquin Enterprise continued their strike despite a return to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared as illegal the dismissal of those whose commission of unlawful acts had not been proved. They were ordered immediately reinstated. The employer refused, however, to reinstate them on the ground that the rule on immediate reinstatement applies only to terminations due to just or authorized causes. Is the employer's refusal justified?

a. Yes. The employer's refusal is legal and justified as a penalty for defying the secretary's lawful order.

b. Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-to-work order.

c. No. The dismissal of the employees was valid; reinstatement is unwarranted.

d. No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal.

The appellate court counted on as its first ground the view that a subsequent finding of a valid dismissal removes the basis for implementing the reinstatement aspect of a labor arbiters decision. On this score, the Courts attention is drawn to seemingly divergent decisions concerning

reinstatement pending appeal or, particularly, the option of payroll reinstatement. On the one hand is the jurisprudential trend as expounded in a line of cases including Air Philippines Corp. v. Zamora, while on the other is the recent case of Genuino v. National Labor Relations Commission. At the core of the seeming divergence is the application of paragraph 3 of Article 223 of the Labor Code which reads: In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein. (Emphasis and underscoring supplied) The view as maintained in a number of cases is that: x x x [E]ven if the order of reinstatement of the Labor Arbiter is reversed on appeal, it is obligatory on the part of the employer to reinstate and pay the wages of the dismissed employee during the period of appeal until reversal by the higher court. On the other hand, if the employee has been reinstated during the appeal period and such reinstatement order is reversed with finality, the employee is not required to reimburse whatever salary he received for he is entitled to such, more so if he actually rendered services during the period. (Emphasis in the original; italics and underscoring supplied) In other words, a dismissed employee whose case was favorably decided by the Labor Arbiter is entitled to receive wages pending appeal upon reinstatement, which is immediately executory. Unless there is a restraining order, it is ministerial upon the Labor Arbiter to implement the order of reinstatement and it is mandatory on the employer to comply therewith (Garcia vs. PAL, G.R. N

11. Todays question is on the subject National Internal Revenue Code...

The capital gains tax from sale of real property classified as capital asset is

a. 7.5% based on the gross selling price or current fair market value whichever is higher

b. 1.5% based on the gross profit

b. 6% based on the gross selling price or zonal value, whichever is higher

d.7.5% based on the gross selling price or zonal value, whichever is higherSection 24, NIRC

x x x(D) Capital Gains from Sale of Real Property. - (1) In General. - The provisions of Section 39(B) notwithstanding, a final tax of six percent (6%) based on the gross selling price or current fair market value as determined in accordance with Section 6(E) of this Code, whichever is higher, is hereby imposed upon capital gains presumed

to have been realized from the sale, exchange, or other disposition of real property located in the Philippines, classified as capital assets, including pacto de retro sales and other forms of conditional sales, by individuals, including estates and trusts: Provided, That the tax liability, if any, on gains from sales or other dispositions of real property to the government or any of its political subdivisions or agencies or to government-owned or controlled corporations shall be determined either under Section 24 (A) or under this Subsection, at the option of the taxpayer.

12. Todays question is on the subject Persons and Family Relations...

[BAR 2011] When A and B married, they chose conjugal partnership of gains to govern their property relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of the latter's psychological incapacity. What liquidation procedure will they follow in disposing of their assets?

a. The law on liquidation of partnerships applies.

b. The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage.

c. Since the marriage has been declared void, the rule for liquidation of absolute community of property shall be followed.

d. They will follow the rule governing the liquidation of a conjugal partnership of gains where the party who acted in bad faith forfeits his share in the net profits.

That is not the case for annulment of marriage under Article 36 of the Family Code because the marriage is governed by the ordinary rules on co-ownership. In this case, petitioner’s marriage to respondent was declared void under Article 36 of the Family Code and not under Article 40 or 45. Thus, what governs the liquidation of properties owned in common by petitioner and respondent are the rules on co-ownership. In Valdes, the Court ruled that the property relations of parties in a void marriage during the period of cohabitation is governed either by Article 147 or Article 148 of the Family Code. The rules on co-ownership apply and the properties of the spouses should be liquidated in accordance with the Civil Code provisions on co-ownership. Under Article 496 of the Civil Code, “[p]artition may be made by agreement between the parties or by judicial proceedings. x x x.” It is not necessary to liquidate the properties of the spouses in the same proceeding for declaration of nullity of marriage. (Alain M. Diño v. Ma. Caridad L. Diño, G.R. No. 178044, January 19, 2011)

13. Todays question is on the subject Revised Penal Code Book 1...

The doctrine actus me invito factus, non est meus actus is the basis for the exempting circumstance of

a. accident

b. irresistible force

c. insanity

d. imbecility

This means an act against my will is not my act, which is the basis for the exemption under pars. 5 and 6 of Art. 12. (Regalado, Criminal Law Conspectus)

14. Todays question is on the subject Credit Transactions...

Which of the following is a prohibition on the depositary?

a. To demand from the depositor to show proof of his identity

b. To report the fact of deposit to the true owner of the object

c. To charge the depositor reimbursement for expenses

d. To demand from the depositor to show proof of ownership

Civil CodeArticle 1984. The depositary cannot demand that the depositor prove his ownership of the thing deposited. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. If the owner, in spite of such information, does not claim it within the period of one month, the depositary shall be relieved of all responsibility by returning the thing deposited to the depositor. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. (1771a)

15. Todays question is on the subject Intellectual Property Code...

[BAR 2011] A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business name, “A Transport Co., Inc.” May this be allowed?

a.Yes, since such name would give his business a corporate identity.

b.No, it would be deceptive since he is a proprietor, not a corporation.

c.Yes, since his line of business is public transportation.

d.No, since “A” is a generic name, not suitable for registration.

Intellectual Property CodeSection 165. Trade Names or Business Names. - 165.1. A name or designation may not be used as a trade name if by its nature or the use to which such name or designation may be put, it is contrary to public order or morals and if, in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise identified by that name.

16. Todays question is on the subject Land Titles and Deeds...

A former Filipino may acquire residential private land in urban areas for a maximum of

a. 800 square meters

b. 1000 square meters

c. 1 hectare

d. 500 square meters

BP 185Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may

avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.

17. Todays question is on the subject Persons and Family Relations...

Who is required to give parental consent when all of the following are still alive:

a. the estranged mother

b. the estranged father

c. grandfather who supports his schooling

d. grandmother with whom he lives

Family CodeArt. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)

18. Todays question is on the subject Insurance...

The parties in an insurance contract has no obligation to communicate even upon inquiry

a. information of confidential character

b. information he believes to be immaterial

c. information of his own judgment

d. information tending to prove his judgment

Insurance CodeSection 35. Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his own judgment upon the matters in question.


A married couple who are both former Filipinos may acquire private land in rural areas for residential purposes for a maximum of

1 hectare

1.5 hectares

3 hectares

5 hectares

BP 185Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.

20. Todays question is on the subject Social Legislation Laws...

In case of permanent disability to an employee, the System to which he belongs shall pay him monthly benefits and for each child

1% of the monthly income benefits




PD 626 as amendedCHAPTER VI DISABILITY BENEFITS ART. 192. Permanent total disability. (a) Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in his permanent total disability shall, for each month until his death, be paid by the System during such a disability, an amount equivalent to the monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with youngest and without substitution: Provided, That the monthly income benefit shall be the new amount of the monthly benefit for all covered pensioners, effective upon approval of this Decree. (b) The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination at least once a year upon notice by the System, except as otherwise provided for in other laws, decrees, orders or Letters of Instructions. (As amended by Sec. 5, P.D. 1641). (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules; (2) Complete loss of sight of both eyes; (3) Loss of two limbs at or above the ankle or wrist; (4) Permanent complete paralysis of two limbs; (5) Brain injury resulting in incurable imbecility or insanity; and (6) Such cases as determined by the Medical Director of the System and approved by the Commission. (d) The number of months of paid coverage shall be defined and approximated by a formula to be approved by the Commission


Interest cannot be recovered upon unliquidated claims or damages except when the demand can be established

by previous transactions

by collateral transactions

with reasonable certainty

with relevant proofs

Civil CodeArticle 2213. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonable certainty.

22. Todays question is on the subject Special Proceedings...

Which of the following is not one of the effects of rescission of adoption?

The parental authority of the adoptee's biological parents shall be restored

The legal custody of the Department of Social Welfare and Development shall be restored if the adoptee is still a minor

The legal custody of the Department of Social Welfare and Development shall be restored if the adoptee is incapacitated

All succession rights shall revert to its status prior to adoption

Republic Act No. 8552 (Rules and Policies on Domestic Adoption)SEC. 20. Effects of Rescission.- If the petition is granted, the parental authority of the adoptee's biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven.

23. Todays question is on the subject Evidence...

[BAR 2011] Bearing in mind the distinction between private and public document, which of the following is admissible in evidence without further proof of due execution or genuineness?

Unblemished receipt dated December 20, 1985 signed by the promisee, showing payment of a loan, found among the well-kept file of the promissor.

Documents acknowledged before a Notary Public in Hong Kong.

Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.

Baptismal certificates.

Section 19 and 24, Rule 132, ROCSECTION 19. Classes of documents. — For the purpose of their presentation in evidence, documents are either public or private.Public documents are:(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;(b) x x x x x x SECTION 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.


[BAR 2011] Because of X's gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the death of the foetus she carried?

No, since X's would not have known that the accident would result in Y's abortion.

No, since birth determines personality, the accident did not result in the death of a person.

Yes, since the mother believed in her heart that she lost a child.

Yes, since the foetus is already regarded as a child from conception, though unborn.

Civil CodeArticle 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a) Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)

25. Todays question is on the subject General Principles of Taxation...

It means taxing the same property twice when it should be taxed only once. Double taxation is also known as

Direct dual taxation

Direct dual imposition

Direct duplicate taxation

Indirect duplicate taxation

Double taxation means taxing the same property twice when it should be taxed only once; that is, “taxing the same person twice by the same jurisdiction for the same thing.” It is obnoxious when the taxpayer is taxed twice, when it should be but once. Otherwise described as “direct duplicate taxation,” the two taxes must be imposed on the same subject matter, for the same purpose, by the same taxing authority, within the same jurisdiction, during the same taxing period; and the taxes must be of the same kind or character. (City of Manila vs. G.R. No. 181845, August 4, 2009)

26. Todays question is on the subject Social Legislation Laws...

An employee is one who renders mental or physical efforts in the service of an employer provided that

he is considered as a regular employee

he receives compensation for such service

he contributes in any manner to the business of the employer

he is bound by an employment contract with the employer

Social Security Law, as amendedSEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the context indicates otherwise, have the following meanings: x x x(d) Employee - Any person who performs services for an employer in which either or both mental or physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship: Provided, That a self-employed person shall be both employee and employer at the same time.

27. Todays question is on the subject Local Government Taxation...

In continuing business of publication, the province may impose tax on the person engaged in the said business at the rate

not exceeding 1% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 5% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 0.05% of 1% of the gross annual receipts for the preceding calendar year

not exceeding 1/2 of 1% of the gross annual receipts for the preceding calendar year

Local Government CodeSection 136. Tax on Business of Printing and Publication. - The province may impose a tax on the business of persons engaged in the printing and/or publication of books, cards, posters, leaflets, handbills, certificates, receipts, pamphlets, and others of similar nature, at a rate not exceeding fifty percent (50%) of one percent (1%) of the gross annual receipts for the preceding calendar year. In the case of a newly started business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of the capital investment. In the succeeding calendar year, regardless of when the business started to operate, the tax shall be based on the gross receipts for the preceding calendar year, or any fraction thereof, as provided herein. The receipts from the printing and/or publishing of books or other reading materials prescribed

by the Department of Education, Culture and Sports as school texts or references shall be exempt from the tax herein imposed.

28. Todays question is on the subject Securities and Regulations Code...

The term securities under the law does not include

bonds

debentures

insurance policy

investment contracts

RA 8799 Securities Regulation CodeSection 3. Definition of Terms. - 3.1. "Securities" are shares, participation or interests in a corporation or in a commercial enterprise or profit-making venture and evidenced by a certificate, contract, instruments, whether written or electronic in character. It includes:(a) Shares of stocks, bonds, debentures, notes evidences of indebtedness, asset-backed securities;(b) Investment contracts, certificates of interest or participation in a profit sharing agreement, certifies of deposit for a future subscription;(c) Fractional undivided interests in oil, gas or other mineral rights;(d) Derivatives like option and warrants;(e) Certificates of assignments, certificates of participation, trust certificates, voting trust certificates or similar instruments(f) Proprietary or nonproprietary membership certificates in corporations; and (g) Other instruments as may in the future be determined by the Commission.


[BAR 2011] Where the petition for a certification election in an unorganized establishment is filed by a federation, it shall NOT be required to disclose the

names of the local chapter's officers and members.

names and number of employees that initiated the union formation in the enterprise.

names and addresses of the federation officers.

names of the employees that sought assistance from the federation in creating the chapter.

LABOR CODE as amended by REPUBLIC ACT NO. 9481 ART. 257. Petitions in Unorganized Establishments. - In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by any legitimate labor organization, including a national union or federation which has already issued a charter certificate to its 1ocal/chapter participating in the certification election or a local/chapter which has been issued a charter certificate by the national union or federation. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapter's officers and members


The signature of A was forged on a deed of Sale of real property in favor of B, who was also in possession of the owner's copy of the title of the property. Does B acquire good title to the property if the Register of Deeds subsequently issued a Transfer Certificate of Title in his favor on the basis of such forged deed of sale and owner's duplicate?

Yes, the Certificate of Title issued in favor of B is indefeasible under the law.

Yes, there is a conclusive presumption of validity of title in favor of B which cannot be questioned after the registration of the title in his name.

No, the forged deed of sale is null and void and conveys no title.

No, the transfer certificate of title over a property is not covered by the protection of Torrens system on titled lands.

In Instrade, Inc. v. Court of Appeals, we reiterated the said ruling maintaining that “[A]s early as Joaquin v. Madrid, x x x, we said that in order that the holder of a certificate for value issued by virtue of the registration of a voluntary instrument may be considered a holder in good faith and for value, the instrument registered should not be forged”. Indubitably, therefore, the questioned Deed of Absolute Sale did not convey any title to herein petitioners. Consequently, they cannot

take refuge in the protection accorded by the Torrens system on titled lands. (Bernales vs. Yap, G.R. No. 163271, January 15, 2010)

31. Todays question is on the subject Constitutional Law...

The Philippines may change its name, national anthem or national seal upon

A law passed by Congress and ratified by the people

An amendment of the Constitution

A proposed amendment to the Constitution by a Constitutional Convention and ratified by the people

An initiative of the people

Art. XVI, General ProvisionsSection 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

32. Todays question is on the subject Property...

Accession by conjunction may occur when two things are united to form a single object and

there is an intention to unite them permanently

there is a change in the composition of the objects

there is no agreement as to the ownership of the new object

the two objects belong to different owners who are in good faith

Civil CodeArticle 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value. (375)

In order that accession by adjunction or conjunction may occur, it is necessary that (1) the two things belong to different owners; and that (2) they form a single object, or that their separation would impair their nature. (Tolentino, Civil Code of the Philippines)

Todays question is on the subject Legal Ethics...

[BAR 2011] Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of court, if the case records have already been remanded to the MTC as the Court of Appeals directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of Appeals' decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and the possibility of entering his appearance later. Is Anthony liable for his record follow up?

Yes, because none of the parties to the case authorized him to do such follow-up.

No, because following up the records of any case does not constitute practice of law.

Yes, because he did not inform Lisa of the basis of his interest in the case.

No, because he acted in good faith with a view to a possible retainer.

In both instances, the respondent violated Sections 21 and 27, Rule 138 of the Rules of Court when he undertook the unauthorized appearances. The settled rule is that a lawyer may not represent a litigant without authority from the latter or from the latter’s representative or, in the absence thereof, without leave of court. The willful unauthorized appearance by a lawyer for a party in a given case constitutes contumacious conduct and also warrants disciplinary measures against the erring lawyer for professional misconduct. (Que vs. Revilla, Jr., A.C. No. 7054, December 4, 2009)

Rules of CourtSEC. 21. Authority of attorney to appear.—An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion of either

party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. An attorney wilfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor.—A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is a ground for his disbarment or suspension if the basis of such action includes any of the acts hereinabove enumerated.The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. (As amended by SC Res. dated Feb. 13, 1992.)

Todays question is on the subject Special Commercial Laws...

The creditor is required to furnish his debtor the finance charges

prior to the execution of the agreement

prior to the consummation of the transaction

prior to the perfection of the transaction

prior to the actual delivery of the object

Truth in Lending ActSection 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information:

(1) the cash price or delivered price of the property or service to be acquired;(2) the amounts, if any, to be credited as down payment and/or trade-in;(3) the difference between the amounts set forth under clauses (1) and (2);(4) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;(5) the total amount to be financed;(6) the finance charge expressed in terms of pesos and centavos; and(7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation.

Todays question is on the subject Special Commercial Laws...

A warehouse receipt provides that the goods are deliverable to bearer. A, who is the holder, negotiated the warehouse to B by special indorsement. How can B negotiate the receipt to C?

By mere delivery since the receipt is originally a bearer receipt

By special indorsement since the receipt is deliverable to B

By blank indorsement because the receipt remains a bearer receipt

By blank or special indorsement because the receipt is deliverable to B

Warehouse Receipt LawSECTION 37. Negotiation of negotiable receipt of delivery. – A negotiable receipt may be negotiated by delivery:(a) Where, by terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or(b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer.Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and, in such case, the receipt shall thereafter be negotiated only by the indorsement of such indorsee.

Todays question is on the subject Revised Penal Code Book 1...

[BAR 2011] The prescriptive period for bigamy is 15 years counted from the date of the

discovery of the second marriage by the authorities.

celebration or solemnization of the second marriage.

discovery of the second marriage by the offended spouse.

registration of the second marriage in the Local Civil Registry.

This court believes that since the penalty prescribed under Article 349 of the Revised Penal Code for the offense of bigamy is prision mayor, which is classified as an afflictive penalty under Article 25 of the same Code, then said offense should prescribe in fifteen (15) years as provided in Article 92 of the Code. The complainant having discovered the first marriage of the accused to one Reynaldo Quiroca in 1974 when he was informed of it by one Eugenia Balingit, the offense charged has already prescribed when the information was filed in this case on November 15, 1991. The argument presented by the prosecution that it was difficult for the complainant to obtain evidence of the alleged first marriage, hence, the prescriptive period should be counted from the time the evidence was secured will not hold water. Article 91 of the Revised Penal Code specifically provides, thus:"The period of prescription shall commence to run from the day on which the crime is discovered . . ." (GARCIA V. COURT OF APPEALS, G.R. No. 119063. January 27, 1997)

Todays question is on the subject Land Titles and Deeds...

There are two kinds of special patents, one of which is granted by special law and the other is

granted to occupants of residential public land actually occupied and use

granted to qualified Filipinos to be utilized by them for public use

granted to local government units for public land actually occupied and use

granted to qualified Filipinos by reason of their membership in an indigenous community

RA 10023, Free Patent ActSection 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to

private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

Todays question is on the subject Persons and Family Relations...

The court may not decree a legal separation unless it is satisfied that

the reconciliation of the parties is highly improbable

the reconciliation of the parties cannot solve their differences

the differences between the parties is irreconciliable

the interest of the State is protected

Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)

Todays question is on the subject Partnership and Agency...

[BAR 2011] The liability of the partners, including industrial partners for partnership contracts entered into in its name and for its account, when all partnership assets have been exhausted is

Solidary.

Pro-rata.

Joint.

Voluntary.

Civil CodeArticle 1816. All partners, including industrial ones, shall be liable pro rata with all their property and after all the partnership assets have been exhausted, for the contracts which may be entered into in the name and for the account of the partnership, under its signature and by a person authorized to act for the partnership. However, any partner may enter into a separate obligation to perform a partnership contract. (n)

Todays question is on the subject Law on Public Officers...

Which of the following category of employees is not included in the Civil Service?

Casual

Career

Non-career

Regular

Chua vs. Civil Service G.R. No. 88979 February 7, 1992Who are regular employees? The Labor Code in Art. 280 (P.D. No. 492, as amended) deems an employment regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. No equivalent definition can be found in P.D.No. 807 (promulgated on 6 October 1975, which superseded the Civil Service Act of 1965 — R.A. No. 2260) or in the Administrative Code of 1987 (Executive Order No. 292 promulgated on 25 July 1987). The Early Retirement Law itself (Rep. Act No. 6683) merely includes such class of employees (regular employees) in its coverage, unmindful that no such specie is employed in the public sector.

CAN A FOREIGNER OWN LAND IN THE PHILIPPINES? In particular, can a foreign national apply for registration of title over a parcel of land which he acquired by purchase while still a Filipino citizen?

Yes, provided the land is already a private land and no longer a part of the public domain and subject to the limitations provided by law as to the maximum area he can acquire. It is insignificant if the transferee was already a foreign citizen at the time of his application for land registration.

What is essential is that he was formerly a natural-born Filipino citizen. This was highlighted in one case where it was held as follows:

Even if private respondents were already Canadian citizens at the time they applied for registration of the properties in question, said properties as discussed above were already private lands; consequently, there could be no legal impediment for the registration thereof by respondents in view of what the Constitution ordains. The parcels of land sought to be registered no longer form part of the public domain. They are already private in character since private respondents' predecessors-in-interest have been in open, continuous and exclusive possession and occupation thereof under claim of ownership prior to June 12, 1945 or since 1937. The law provides that a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private land up to a maximum area of 1,000 sq.m., if urban, or one (1) hectare in case of rural land, to be used by him as his residence (BP 185).

It is undisputed that private respondents, as vendees of a private land, were natural-born citizens of the Philippines. For the purpose of transfer and/or acquisition of a parcel of residential land, it is not significant whether private respondents are no longer Filipino citizens at the time they purchased or registered the parcels of land in question. What is important is that private respondents were formerly natural-born citizens of the Philippines, and as transferees of a private land, they could apply for registration in accordance with the mandate of Section 8, Article XII of the Constitution. Considering that private respondents were able to prove the requisite period and character of possession of their predecessors-in-interest over the subject lots, their application for registration of title must perforce be approved. (REPUBLIC OF THE PHILIPPINES, vs. COURT OFAPPEALS, G.R. No. 108998, August 24, 1994)

B.P. 185 has been amended by R.A. 8179 which increased the maximum area of private land a former natural-born Filipino may acquire to 5, 000 square meters in urban areas and 3 hectares in rural areas. Moreover, the use of such land is no longer limited to residential purposes but now also for business and other purposes. Todays question is on the subject Social Legislation Laws...

The following employment is not covered by the Social Security Law:

Employment in branches of foreign corporation

Employment in financial institution

Employment in economic zones

Employment in the COMELEC

Social Security Law, as amendedSEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the context indicates otherwise, have the following meanings: x x x

(j) Employment - Any service performed by an employee for his employer except:(1) Employment purely casual and not for the purpose of occupation or business of the employer;(2) Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines;(3) Service performed in the employ of the Philippine Government or instrumentality or agency thereof;(4) Service performed in the employ of a foreign government or international organization, or their wholly-owned instrumentality: Provided, however, That this exemption notwithstanding, any foreign government, international organization or their wholly-owned instrumentality employing workers in the Philippines or employing Filipinos outside of the Philippines, may enter into an agreement with the Philippine Government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems: Provided, further, That the terms of such agreement shall conform with the provisions of this Act on coverage and amount of payment of contributions and benefits: Provided, finally, That the provisions of this Act shall be supplementary to any such agreement; and(5) Such other services performed by temporary and other employees which may be excluded by regulation of the Commission. Employees of bona fide independent contractors shall not be deemed employees of the employer engaging the service of said contractors.

Todays question is on the subject Special Proceedings...

[BAR 2011] What is the right correlation between a criminal action and a petition for Writ of Amparo both arising from the same set of facts?

When the criminal action is filed after the Amparo petition, the latter shall be dismissed.

No separate criminal action may be instituted after an Amparo petition is filed.

When the criminal action is filed after the Amparo petition, the latter shall be consolidated with the first.

The proceeding in an Amparo petition is criminal in nature.

Section 23, Writ of Amparo (A.M. No. 07-9-12-SC)Section 23. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.

Todays question is on the subject Property...

In order to be considered as an expense on the co-ownership, expenses for the improvement of a co-owned property should be

approved by the majority of the co-owners

approved by all the co-owners

approved by 2/3 of the co-owners

made known to all co-owners

Civil CodeArticle 489. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in article 492. (n)

Civil CodeArticle 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding. There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership. Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (398)